1946 October Council Proceedings
Regular ~essiun, October %th, 19=I6 297
City Council
(Official)
Regular Cession, October 7th,
194G.
Council met at 7:30 P.M.
Present-Mayor Wharton, Coun-
cilmen Moffatt, Murphy, Thompson,
Van Duehuau, City 11lanager Rhont-
berg.
1~Iayor Wharton stated that this
is the regular monthly meeting- of
the City Council for the purpose of
acting' upon such business as may
properly come before the meeting.
Proof of publication, certified to
by the Publishers, of notice of pub-
lic hearing uuon the plans, specifi-
cations, form of cmttract and cost
of improvement. for the eoustruc-
tion of the I~anhnann Avenue San-
itary Trunk Saver from the present
manhole at the south Property line
of 1Gth Street and White Street to
the intersection of 22nd Street and
White Street, thence westerly along
I{aufmauu Avenue to the old City
Water Works, thence southerl-v in
the valley west of Clarke College
to the north ptoeperty line of Lot
72 of Finley's Addition, thence
south along a line five feet east of
the West Property line of Lot 72 of
Finley's Addition to the center of
the alloy north of Hazel Street,
thence west to the intersection of
said alley and St Ambrose Street,
thence south to the intersection of
St, Ambrose Streets and Hazel
Street, thence west to a point fif-
teen feet east of the old corpora-
tion line, thence south to the in-
tersection of Seminary Street,
thence westerly along Stout Road
and Asbury Road to a manhole at
th;e intersection of Asbury Road
and Hillcrest Road. Estimated cost
$99,740.55 presented and read.
No written objections filed and
no objectors present in the Comt-
cil Chamber at the time set for
said hearing.
Gouncihuau Van Duelman moved
that the Proof of publication he re-
ceived and filed. Seconded by Couu-
cilntan Thompson. Carried by the
following vote:
I eas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Vau Duehuam
Nays-None.
Proof of Publication, Certified to
by the Publishers, of notice of pub-
lic hearing upon the Notice of Pen-
dency of Resolution of Necessity
for public improvements and hear-
ing upmt proposed plans and speci-
fications, form of contract and cost
of improvements for the construc-
tion of the I~aufntaun Aveutte Sani-
tary Trunk Sewer from the present
manhole at the south property line
of 1Gth Street and White Sheet to
the intersection of 22nd Street and
}Vhite Street, thence westerly along
I~aufmamt Avenue to the old City
Water Works, thence southerly in
the valley west of Clarke College
to the north property line of Lot 72
of Finley's Addition, thence south
almtg aline five feet east of the
west property line of Lot 72 of
Finley's Addition to the center of
the alley north of Hazel Street,
thence west to the intersection of
said alley and St. Ambrose Street,
thence south to the intersection of
St. Ambrose Street. and Hazel
Street, thence west to a Point fif-
teen feet east of the old corporation
line, thence south to the intersec•
lion of Seminary Street, thence
westerly along' Stout Road and As•
bury Road to a manhole at the in•
tersectiou of Asbury Road and Hil]-
crest Road. Estimated cost $99;
740.55 presented and read.
No written objections filed and
no objectors Present in the Coun•
cil Chamber at the time set far
said hearing.
Councilman Vau Duelman moved
that the proof of publication be re-
ceived and filed. Seconded by Conn•
cihuau -Ioffatt. Carried by the fol•
lowing vote:
I eas--Iaym• Wharton, Couneil•
men 14offatt, :4hu•phy, Thompson,
Van Dueltuan.
Nays-None.
(Decision of Council upon objec-
tions to plans, specifications, form
of contract and cost of improve-
ments.)
Resolution No. 134-46
Whereas, proposed plans and
specifications and form of contract
for the construction of the Kauf-
ntann Avenue Sanitary Trunk Sew•
er from the present manhole at the
south property line of 16th street
and White Street to the intersec•
lion of 22nd Street and White
Street, thence westerly along I{auf•
29~ Regular Session, October 7th, 19'6
noun Avenue to the old City Water
Works, thence southerly in the val-
ley west of Clarke College to the
north property line of Lot 72 of
Finley's Addition, thence sattth
along a line five feet east of the
west property line of Lot 72 of
Finley's Addition to the center of
the alley north of Hazel Street,
thence west to the intersection of
said alley and St. Ambrose Street,
thence south to the intersection of
St. Ambrose Street and Hazel
Street, thence west to a point fif-
teen feet east of the old em'poration
line, thence south to the intersec-
tion of Seminary Street, thence
westerly along Stout Road and As-
bury Road to a manhole at the in-
tersection of Asbury Road and Hill-
crest Road. Estimated cost $99,-
140.55. lave been approved by the
City Council of the City of Du-
buque and public notice given as
provided by Chapter 23 of the Code
of Iowa, 1927, pertaining to public
contracts and bonds, and the time
and place fixed for the hearing' of
all objections to said plans, speci-
fications or contract for or cost of
such improvements, said time being
this 7th day of October, 1946; and
Passed, adopted and approved
this 7th day of October, 1946.
ALBERT WHARTON,
Mayor
FRANK VAN DUELMAN,
F. W. THOIIPSON,
GEO, R. MURPHY,
W. W. MOFFATT,
Couuclimen
Attest; J. J. SHEA,
City Clerk
Councilman Van Duehnau moved
the adoption of the resolution. Sec-
onded by Councilman Thompson.
Carried by the following vote:
Yeas-liayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Vau Duehnau.
Nays-None,
(Necessity Yor Improvement)
Resolution No, 132-46
Whereas, proposed plans, speci-
fications, form of contract, plat and
schedule have been duly prepared
and approved by the City Council
of the City of Dubuque and are now
ou file iu the office of the City
Clerk showing' among other things
the following:
Whereas, the City Council stet in
regular session this 7th day of Oc-
tober, 1946, at 7:30 o'clock p, m. at
the Council Chambers in the City
Hall for tle purpose of hearing all
interested parties and cmtsidering
any and all objections tivhich have
bee^ filed to the proposed plans,
specifications or contract for or
cost of fire improvement herein de-
scribed and proposed to be made;
and
';Vhereas, all interested parties
have been given an opportunity to
he heard and no objections have
been filed have been duly weighed
and considered; now, therefore
Be It Resolved by the City Couu•
cil of the City of Dubuque, that
such plans, specifications and form
of contract heretofore approved
are hereby adopted.
Be It Further Resolved that this
resolution containing the decision
of this Council upon plans, specifi-
cations and fm•m of contract far or
cost of said improvements be made
a matter of permanent record in
connection with said improvement.
1. The boundaries of the dis-
trict, if any.
2. `Phe size and ].ind of sewers.
3. An estimate of the cost of the
proposed improvement, stating the
same far each different type of
consh•uctien and kind of material
to be used for the construction of
the Kaufmann Avenue Sanitary
Trunk Sewer from the present man•
hole at the south property line of
16th Street and White Street to
the intersection of 22nd Street and
1Vhite Street, thence westerly along
Kaufmann Avenue to the old City
Water Works, thence southerly in
the valley west of Clarke College
to the north property line of Lot
72 of Finley's Addition, Hence
south along a line five feet east
of the west property lice of Lot
72 of Fiuley's Addition to the center
of the alley north of Hazel Sta'eet,
Hence west to the intersection of
said alley and St. Ambrose Street,
thence south to the intersection of
St, Ambrose Street and Hazel
Street, thence taest to a point fif-
teen feet east oP the old corpora-
Regular Session, October 7th, 19=}6 29)
lion lice, thence south to the inter
section of Seminary Street, thence
westerly almtg Stottt Road and As-
bury Road to a manhole at the iuter-
section of Asbury Road and Hill-
m•est Road. Estimated cost $99,-
740,55.
Be It Therefore Resolved that
the City Council on its own motion
deems it advisable anti necessary
for the public welfare to make the
herein mentioned improvement, and
unless property owners at the time
of the final consideration of this
proposed resolution have on file
with the City Clerk objections to
the amount of proposed estimate
they shall be deemed to have
waived all objectimts thereto.
Said improvement shall be cmi-
shucted and done iu accordance
with the plans and specifications
which have been prepared there-
for by the City Engineer which
have been approved by the City
Council and are now on file with
the City Clerk. Tlat the cost and
expense of ntalciug said improve-
nteut will be assessed upon and
ag~afust all privately owned prop-
erty lying tivithiu assessable dist-
ance provided by law and in an
amount not to exceed the amount
provided by law, property will be
assessed whether the saute abuts
thereon or is adjacent thereto ac-
cording to area and iu proportion
to the special benefits conferred
thereby, and any deficiency shall
he paid out of the general fund,
improvement funds or sewer funds,
or partly out of each of such funds.
Bonds shall be issued and sold in
anticipation of deferred payments
of assessments when a contract bas
been performed and accepted and
the proceeds thereof used to pay
the contractor, The raihvay portion
of any street or assessment district
shall be assessed to and paid by the
railway company.
The above resolution tvas intro-
duced, at>1>roved and ordered placed
on file with the City Clerk this
3rd day of September, 194G.
Approved and placed on file for
final action.
The foreging resolution was final-
ly passed and adopted, as proposed,
by the City Council this 7th day oP
October, 1946.
ALBERT WHARTON,
Mayor
FRANK VAN DUELMAN,
F. `V, THOB4PSON
GEO. R. -IURPHY,
W. W. MOFFATT,
Couucilnten
Attest: J. J. SHEA,
City Clerk
Councilman Murphy moved the
adoption of the resolution. Second-
ed by Councilman Moffatt. Carried
by the following vote:
Yeas-Mayor Wharton, Cottncil-
nten Moffatt, Murphy, Thompson,
Van Duehnau.
Nays-None.
(Ordering Cons4'uctionl
Resolution No. 135-4G
Be It Resolved by the City Coun-
cil of the City of Dubuque that pw•-
suant to a resolution of necessity
No, 132-4G which was duly passed
by this Council, for the canstrttction
of the Kaufmann Avenue Sanitary
Trunk Sewer from the present man-
hole at the south property line of
1Gth Street and White Street to the
intersection of 22nd Street and
White Street, thence westerly along
Kaufmann Avenue to the old City
~Vaterwmks, thence southerly iu
the valley west of Clarke College
to the north property line of Lot
72 of Fiuley's Addition, thence
south along a line five feet east
of the west property line of Lot 72
of Ffnley'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, Autbrose Street and Hazel
Street, thence west to a point fif-
teen feet east of the old em•pm•a-
tiou line, thence south to the in-
tersectiou of Seminary Street,
thence westerly along Stout Road
and Asbury Road to a manhole at
the intersection of Asbury Road
and Hillcrest Road. Estimated cast
$99,740.55, be and the same are
hereby ordered and constructed by
this Council ttpon its own motion
and with or without the petition
of property owners. All the work
shall be constructed in accm•dance
with the plans and specifications
3tX;' Regular Session, October 7tb, 19'16
heretofore adopted and now on file
in the office of the City Clerk.
Be It Further Resolved that the
cost utd expense of the said im-
provements will be paid out of the
general, improvement, or sewer
funds of the city, or partly from
each of such funds. Payment will
be made to the contractor out of
funds realiaed from the sale of
bonds to be issued in anticipation of
deferred payments of assessments
as provided by late after the work
has been completed and accepted
by the City Council.
Be It Further Resolved that the
City Clerk be and he is hereby
ordered and directed to advertise
for proposals fm' the construction
of the various improvements herein
provided for iu the manner pro-
vided by law, the said improve-
ments shall be completed within
175 calendar days after date of con-
tract.
Be It Further Resolved that this
resolution being deemed urgent and
of immediate necessity shall be in
force and effect from and after
its passage and adoption by the
City Council.
Passed, adopted and approved
this 7th day of October, 1946.
ALBERT WHARTON,
Mayor
FRANIf VAN DUELMAN,
F. W. THOMPSON,
GEO. R. MURPHY,
W. W. MOFFATT
Cowtcilnten
Attest: J. J, SHEA,
City Clerlc
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 Duelmau.
Nays-None.
Councihuan Murphy moved that
the rules be suspended for the pur-
pose of allowing anyone present in
the Counci] Chamber, who wishes
to do so, to address the Council, Sec-
onclecl by Councilman Thompson.
Carried by the following vote:
Yeas--Mayor Wharton, Council-
men -4offatt, Murphy, Thompson,
Van Duelmau.
Nays-None,
Lieutenant Fred Wallis of the
U. S. Navy addressed the Counci]
renewing the plea of the Navy fm'
the lease of waterworl{s property
in the vicinity of the mwticipal
swimming pool on which to erect
a naval reserve armory.
Councilman Murphy moved that
the request be referred to the City
Council to view the grounds and
submit a report of their investiga-
tion. Seconded by Conncilman Mof-
fatt. Carried by the following- vote:
Yeas-Mayor Wharton, Council•
men Moffatt, Murphy, Thompson,
Van Duehnan.
Nays-None,
Petition of St. Clara College,
Sinsinawa, Wisconsin, by O'Connor,
Thomas and O'Connor, Its Attor-
neys, requesting the extension of
Platt Street in a general eastward-
IY direction to Lot 19 of Out Lot
724 and extend the same fm•ther
to meet Cardiff Street as extended,
as shown on preliminary plat at-
tached, presented and read.
Attorney Francis O'Connor ad-
dressed the Counci] in support of
the petition of St. Clara College,
Sinsinawa, Wisconsin.
Councilman Thompson moved
that the petition be referred to the
Planning and Zoning Commission
for their recouuuendation and re•
part. Seconded by Councilman Mur-
P1iY. Carried by the following vote:
Peas-Mayor ZVharton, Council-
men Moffatt, Murphy, Thompson,
Van Duehnan,
Nays-None.
Petition of Carl V. Riley asking
Council consideration, that iu the
event the petition of St. Clara Col-
lege, Sinsinawa, Wisconsin, is ap•
proved, that a small portion oP the
northeast corner of Platt Street be
vacated to hint, presented and read.
Conncilman Thompson moved
that the petition be referred to the
Planning and Zoning Commission
for Heir reconnnendation and re-
port. Seconded by Councilman Mur-
PhY• Carried by the following vote;
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duehnan.
Nays-None.
Petition of Carl Scheufle request-
ing that sewer connections be made
on Esther and Theresa Streets to
Regular Session, October 7th,19~,
accomodate new homes uoty tvrder
construction, presented and read.
Councilman Moffatt moved that
the Petition le referred tc the
Council to view the grounds. Sec-
onded by Cowtciltuan Mm'phy. Car•
tied by the following vote:
Yeas-Mayor Wharton, Comtcil-
meu Moffatt, Murphy, Thompson,
Van Dueltuan.
Nays-None.
Petition of Donald A. Callahan
requesting the City Council to take
such steps as are necessary to di-
vert the flow of the surface water
on Cummins Street so as to cause
this water to flow into the storm
sewer or into the gutters on Loras
Boulevard to relieve his property
frmn the ever present menace of
surface water, presented and read.
Attorney Robert Czizelc address-
ed the Council in support of the
petition of Donald A. Callahan.
Councilman Van Dueltuan moved
that the petition be referred to the
Council to view the grounds. Sec-
onded by Councilman Murphy. Car-
ried by the following vote:
Yeas14ayor Zlcltarton, Council-
men Moffatt, Murphy, Thompsmt,
Vau Duelmau.
Nays-None.
Communication of W, J.l'IcFar-
]ane submitting' offer in the amount
of $100.00 for the purchase of the
City owned irregular shaped prop-
erty which lies between Lot 1S
hills Subdivision and North Al-
g~ona Street, presented and read.
Councilman 1hn-phy moved tlat
the cmnntunication be referred to
the City Counci] to view the
grounds. Seconded by Councihuan
Thompsmt. Carried by the follow-
ing vote:
Peas-Mayor Wharton, Council-
men Motfatt, Murphy, Thompson,
Vau Duelnau•
Nays-None.
Petition of the Crystal Battling
Wm•ks requesting the re-zoning o
Lots 38 and 39 of Linehan Parl
Addition on the North side of Dia
mond Street presently zoned a
multiple dwellings in order tha
they may erect a new beverag
plant, presented and read.
Councilman Thompson move
that the petition be referred to th
Planning and Zoning Cotnntissiot
,,Ol
for their recommendation and re-
port. Seconded by Councilman Mur-
phy. Carried by the following vote:
Teas-.lIaym' Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Dueltuan.
Nays-None.
Conununicatiou of Peter H, lic-
Carthy stating that the matter of
ownership of Washington Park
should be settled at once by the
County g'iving' to the City by Quit
Claim Deed the property known
as Washington Park, presented and
read.
-'Ir• Peter H. McCarthy addressed
the Council in support of his com-
munication.
Councilman Murphy moved that
the conunuuication he referred to
the Cowtcil for consideration. Sec-
onded by Councilman Moffatt. Car-
ried by the following vote;
Yeas-Mayor Wharton, Couucil-
meu Dloffatt, Mw•phy, Thompson,
Van Dueltuan.
Nays-None.
Notice of Claim of 11'Irs. Minnie
Hamilton iu an unstated amount
for damages to her car caused by
a falling limb of a tree in front of
1250.1252 Washington Sheet, pre-
sented and read.
Councilman Thompson moved
that the Notice of Claim be referred
to the City Solicitm• for investiga-
tion and report. Seconded by Couu-
cilntan Moffatt, Carried by the fol-
lowing vote:
Yeas-Mayor Wharton, Cotutcil-
men Moffatt, 14urphy, Thmmpson,
Van Dueltuan.
Mays-None-
Commuuication of Elroy H. Gras•
horn, Secretary of Trades and La-
bor Congress thanking Council for
their participation in the Labor
Day Parade, Presented and read.
Councihuan 14urphy moved that
the couununicatimt be received and
filed. Seconded by Councilman Van
Duehnan, Carried by the following
vote:
f Yeas-11~Iaym~ Wharton, Council-
s
men Moffatt, Murply, Thompson,
Vau Dttelman.
s Nays-None.
t
e Communication of A. C. Kauf-
mann submitting offer in the
d amount of $1,550.00 far the pur-
e chase of the property located on
Garfield avenue, between Dock and
3D2 keaular Session, October 7th, 19+~
lIarshal] Streets, known as Part
of LtilcCraney's 1st. Addition Lots
2, 3, 4, 5, 6, 7 and S, presented and
read.
Councilman Moffatt moved that
the conuuunication be referred to
the City Council. Seemtded by Coun-
cilman Murphy. Carried by the
following trote:
leas-Mayor 4~hartom Council-
men lloftatt Mn•phy, Thompson,
~'an Duehuan.
Nays Voce.
Connnunications of the Dubuque
Stone Products Company and the
Gateway City Transfer Co., Inc.
calling the attention of the City
Council to the fact that there is a
section of the B Branch Sever, ap-
proximately 50 feet long' and 20 feet
wide, where it passes through their
property at the corner of Garfield
Avenue and Pine Street, that has
never been capped and asking'that
the City -~Ianager be instructed to
have this section of the B Branch
Server capped at once, presented
and read.
Councilman Moffatt moved that
the City 114anager be instructed to
prepare plans and specifications fm'
the capping of said B Branch Sewer
upmt receipt of an Easement by the
City of Dubuque front the Dubuque
Stone Products Company and the
Gateway City Transfer Company,
ltc. Seconded by Councilman 11Iur-
phy. Carried by the follotiviug vote:
leas-D4ayor Wharton, Conicil-
men >l4offatt, Murphy, Thompsmt,
Van Duehnan.
Nays-None,
Connnmticatiom of Cecil L. Gripe
submitting application for the posi-
tion of il'Iaiutenance Engineer of
the Dubuque Airport, now iu the
process of completion, and also the
job of managing the City property
and farm adjoining and stating
that he is a disabled Veteran of
~Vm•ld War 1, presented and read.
Councilman Murphy moved that
the communication be received and
placed ou file far consideration.
Seconded by Councilman Thomp-
son. Carried by the following vote:
Teas-Nlayor Wharton, Contcil-
mem Moffatt, Murphy, Thompson,
1'an Duelmau.
Nays-None.
Cotmnuuication of the GVestern
Construction & Supply Co. relative
to the installation of parking
meters iu the City of Dubuque,
presented and read.
Councilman Murphy moved that
the communication be referred to
the City Council. Seconded by Coun-
cilman. Van Duehnan. Carried by
the following vote:
leas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duehnan,
Nays-None.
September 6, 1916
114r. J. J. Shea, City Clerk,
Dubuque, Iowa
Dear Sir: Receipt is acknowledg-
ed of your letter of September 5th
transmitting copy of letter of Au-
gust 1Sth by the Dubuque Planting
and Zouimg' Commission, sug~g'est-
iug that the City Coumci] of Du-
buque urge "the Iowa State High-
way Department to defer at least
temporarily the proposed change
in U. S. Highway 61 and 151 rout-
iltg'."
These letters will be called to
the attention of the State Highway
Commission at its nest meeting.
ht the meantime I can assure you
that there will be no hasty action
taken by the State Hig'Invay Com-
mission with respect to the rerout-
ing of U. S. Roads 6I and 151
through the City of Dubuque.
Yours very truly,
P. R. WHITE.
Chief Eug~ineer
Councilman Murphy moved that
the communication be received-and
made a matter of record. Seconded
by Councilman Van Duelmau. Car-
ried by the following vote:
Teas-Mayor TVhartmt. Council-
men Moffatt, Murphy, Thompson;
Van Duelmau,
Nays-None.
Cmumuuicatiom of the Pioneer
lrtermouutain Syndicate requesting'
Cotmcil to study the enclosed ex-
hibit of the Pioneer Intermountain
Airways (System) and asking fm'
counuents and sng'gestions con~ern-
ing' same as it sheds new light ou
Commtercial Aviation, presented
and read.
Councilman Murphy moved that
the connnunication be referred to
the City 11~Iamag~er for his recont-
Re~u~ar Session, October 7th, 19-6 3(?3
mendation, Secouded by Council•
man Moffatt. Carried by the fol-
lowing vote:
leas-Maym~ Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duehuan.
Nays-None.
Commm~icafion of the Iowa State
Association of Assessors advising
that the Annual School of Instruc-
tion and meeting will he held at
Des illoines, Iowa on October 14th
and 15th, presented and read.
Coumcihuan Thompson moved
that City Assessor Hanover be au-
thorized to attend this meeting one
half of the expenses to be paid by
the City of Dubuque. Seconded by
Councilman Murphy. Carried by
the following vote:
leas-11'Iayor Wltartou, Council-
men Moffatt, Murphy, Thompson,
1'an Duehuan.
Nays-Noce.
Petition of .the Dubuque Navy
-Iothers' Club, No. 94 requesting
premission to hold a tag' day on
October 26th, 1946, presented and
read.
Councihuam Thompson moved
that the request be granted. Sec-
onded by Councilman -Ioffatt. Cn°-
ried by the following' vote:
Yeas-II4ayor 11'harton, Council-
men Moffatt, Murphy, Thompson,
Vau Duelmau,
Nays-Noce.
Petition of The American Legion
Auxiliary requesting permission
for the holding' of a tag day on
Saturday, -'Iay 24th, 1991, present-
ed and read.
Councilman Thompson moved
that the request be granted. Sec-
ouded by Councilman 1loffatt. Car-
ried by the following vote:
Teas-N[ayor Wharton, Council-
men Moffatt lfurphy, Thompson.
Van Duehnan,
Nays-None.
Petition of Walter H. Suhr re-
questing~ that a street light be in-
stalled as near as possible to the
property at 21'25 Roosevelt Street.
presented and read.
Councilntam Van Duehuan tnovecl
that the petition be referred to the
Cottucil to view the grounds. Sec-
onded by Councilman Moffatt Car-
ried by the following vote:
Yeas-Mayor Wharton, Council-
men Moffatt, iblurphy, Thompson,
Van Duelmau.
Nays-Norte.
Petition of Thomas J. Fleisch-
man et al, residents of Roosevelt
Street requesting au additimtal
street light to be installed near
the center of the 2400 block on
Roosevelt Street, presented and
read.
Councilman 1'an Duelmau moved
that the petition be referred to the
Council to view the grounds, Sec-
onded by Councilman Mofta[t. Car-
ried by the following vote:
Yeas.Mayor Wharton. Council-
men -Ioffatt, Murphy, Thompson.
Vau Duelmau.
Nays-None.
Petition of J. J. lluggau et al pro-
testing the noise and odor that is
taking place at the auto body and
paint spraying' shop at Loible's
Body Service, 2459 Central Avenue.
presented and read.
Councilman Murphy moved that
the petition be referred to the
Board of Health to view the
grounds. Secouded by L'ouncilman
Van Duelmau. Carried by the fol-
lowing vote:
leas-1~Iayor Wharton, Couucil-
nten Moffatt, Murphy, Thompson.
Van Duelmau.
Nays--None.
Petition of W. A. Young' et aL re-
gnesting' that the alley east oY Sum-
mitt Street and behveen West 3rd
Street and Fenelon Place be re-
paired and placed in a passable con-
dition, presented and read.
Councilman Thompson moved
that the petition be referred to the
Council to view the grounds. Sec-
onded by Cowtcilman Murphy. Car-
ried by the following vote:
LeasMaym• Wharton, Cotutcil-
men 1~~Ioffatt, Murphy, Thompson.
Van Duelmau.
Nays-Noce.
Petition of Charlotte 11, Offer-
mann requesting that au mdiuance
be adopted vacating that Pm~tion of
Nm th Booth Sheet not now used
as a street and that a resolution be
adopted by tite City Council au-
thmiaing and directing the Mayor
and Clerk to execute a quit claim
deed covering the abandoned Por•
304 Regular Session, October 7th, 1946
lions of said Booth Street as m•ig~-
inally platted and said title to run
to the adjoining owners, or in any
event, a deed to the undersigned
covering Lot 2 in said North Booth
Street Sub., presented aitd read,
Councilman Moffatt moved that
the petition be referred to the Plan-
ning and Zoning Commission for
their reconunendation and report.
Seconded by -~Iayor Wharton. Car-
ried by the following vote:
Yeas--Mayor Whaa•ton, Council-
men Moffatt, Murphy, Thompson,
Van Duehuau.
Nays-Noce.
Petition of John A. Cunuing~hant
requesting' that the matter of taxes
ou the Julien Dubuque Bridge be
referred to lire City Attorney with
power to tolls such legal steps as
Wray be required, if, iu his judg-
ment the said bridge is subject to
taxation and that he ire authorized
to take such legal action as may be
necessary to collect any taxes that
maY be due and owing the City of
Dubuque, Iowa by the said Julien
Dubuque Bridge, presented and
read.
Councilman 'Phompsmt moved
that the petition be referred to the
City Solicitor fm' action. Secouded
by Councilman blurplty. Carried by
the following vote:
Yeas-Mayor Wharton, Counci]-
men 1loffatt, Jlurphy, Thompson,
~~au Duelman.
Nays-None.
Petition of 1j'ut. J. Kesler re-
questing that the area shown in red
ou the attached blue print be vacat-
ed iu order that the size of the
stm'e building on the 17th Street
side of the building at VVest 17th
Street and West Locust Street be
increased, presented and read.
Councilman Murphy moved that
the petition be referred to the
Planning and Zoning Conunisison
far their recmuntendatiom and re-
port. Seconded by Couucihuan Van
Duelman. Carried by the following
vote:
Yeas-Mayor' Wharton, Cowtcil-
meu Moffatt, Murphy, Thoutpson,
Vau Duelman,
Nays-None.
Petition of Herman Wirzbach et
al requesting that the alley ad-
joining Lots 67, 68, 69, 70, 71, 72 and
73 in Bw•den and Lowther Addition
be vacated, presented and read.
Comtcihnan Murphy moved that
the petition be referred to the
Planning and Zoning Connnission
for their recommendation and re-
port. Seconded by Councilman
Thompson. Carried by the Yollow-
ing~ vote:
I"eas-1~Iayor ~Vhartou, Council-
men illoffatt, lllurphy, Thompson,
Van Dueluau.
Nays-None.
Petition of Varner Well Drilling
Co. Inc., requesting the vacation of
the alley which extends easterly
frmu Adams Street to the wester-
ly line of Lot 16 of Industrial Sub-
division No. 2 thence northerly
along the westerly line of Lot 16
to East Sixth Street and that said
vacated alley be conveyed to the
Varner Well Drilling Co. Inc., pre-
sented and read.
Councilman Van Duehuau moved
that the petition be referred to the
Planning attd Zoning' Commission
for their recotmneadatton and re-
pm•t. Secouded by Councilman
ilIoffatt. Carried by the Yollotving
vote:
Yeas-Mayor' Wharton, Council-
men 1loffatt, 1hu-phy, Thompson,
Van Duelman,
Nays \mte.
Petition of 1~Il's. Agnes Clancy re-
que~sting a refund on the unexpired
portion of her Cigarette Permit No.
93 as she ]tar discontinued business
ou September 23, 1946, presented
and read.
Coimcihuan Moffatt moved that
the request be granted and the City
Auditor instructed to draw a war-
rant in the amount of $75.00 in
favor of 14rs. Agues Clancy to cow
er the amount of refund granted
on the unexpired portion of her
Cigarette Permit No. 93. Secouded
by Councilman Van Duelnau. Car-
ried by the following vote:
Teas-itIayor 1Vharton, Couuci]-
nten Moffatt, Murphy, Thompson,
Van Duelman.
Nays-None.
Petition !of Lemtard Burke re-
questing a refund on the unexpired
portion of his cigarette permit
No. 75 as he has discontinued busi-
ness as of September 3, 1946, pre-
sented and read.
Regular Sessirm, October 7th, 19-E6 ,~~~
Councilman Van Duelman moved
that the request be granted and
the City Auditor iush•ucted to draw
a warrant iu rue amount of X75.00
iu favor of Leonard Burke to corer
the amount of refund granted ou
the unexpired Portimt oY his Cigar-
ette Permit No. 75. Seconded by
Comtcilman 1loffatt. Carried by the
following vote:
Leas-NIayar Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duehuau,
Nays-None.
Petitiml oY George Pappas re-
questiug~ a refund on his Cigarette
Permit No. 173 as he is disemt-
tinuing business ou September 30,
194G, presented and read.
Councilman Van Duehuau moved
thai the request be granted and
the City ? uditm• iustructed to draw
a warrant iu the amount of $75.00
iu favor of George Pappas to cover
the anmuut of refund granted ou
the unexpired portion of his Cigar-
ette Permit No. 153. Seconded by
Conncilnan Murphy. Carried by
the Yollon-ittg~ vote:
I eas-il~Iayor TBhartou, Council-
men Moffatt. lhuphy, Thompson,
1"an Duehuau.
Nays-None.
Petition of ,l'l s. Jennie Hagger-
ty, referred to the City Council by
the Board of Supm°vism•s, request-
iug~ suspension of the 1945 tax ou
Lot 254 Davis Parm Addition, pre-
sented and read,
Councihuau V'an Duelman moved
that the petition he referred to the
City Solicitor fm- investigation and
i°epm•t. Seconded by Councilman
Thmnpsou. Carried by the follow-
ing trots:
Yeas-Mayor Wharton, Council-
men Moffatt, lIurphy, Thompson,
Gan Duelntau.
Nays-None.
Communication of the Black &
White, Yellow & Checker Cab Co.
et al owners and opm-ators of Taxi-
cabs stating that they would like
to have a meeting' with the Mayor
and Members of City Council at
their convemieuce to discuss taxi-
cab rates and licenses in the City
of Dubttque, presented and read.
Councilman Murphy moved that
the contmuuication be received and
the City Manager instructed to ar-
range such meeting. Secouded by
Councilman Van Duelman. Carried
by the following vote:
Yeas-Mayor Wharton, C'ouncib
men tlloffatt, Murphy, Thompson,
Vau Duelman.
Nays-None.
Ordinance No. 33.46
An Ordinance establishing a
grade on jVest Third Street from
the east property line of North Al•
gona Street to the west property
line of North Grandview Avenue,
said ordinance having been passed
upon first reading oft September
'3rd, 194G and ordered placed ou file
with the City Clerk for public in-
spection fm- at least one week be-
fore its final adoption, was present-
ed for final adoption.
Ordinance No. 33-4G
Be It Ordained by the City Coun-
cil of the City of Dubuque:
Section 1. 'ghat a grade mt West
Third Street frmn the east proper-
ty line of North Algona Street to
the west property line of Norflt
Grandview Avenue be hereby estab-
lished and adopted as shown by
the profile of said street and grade
prepared by the City Enginem~, be-
ing profile No, 1322,' Bench hark,
the south end of south-east curb re-
turn of South Algona Street and
Lombard Sheet, elevation 3GS.00.
Said grade begins at station
0-{-00, which is the east Property
line of North Algona Street, south
curb elevation 259.43, north curb
elevation 280.71; thence to station
0 X50, south curb elevation 282.59,
north curb elevation 283.09; thence
to station 1+OQ um°th and south
curb elevations 284.95; thence to
station 1{-50, north and south curb
elevations 285.14; thence to statimt
2+00, north and south curb eleva-
tyons 283.45; thence to station
2+50, north autl south curb eleva-
lions 279.59; thence to station
5 {-00, north and south curb eleva-
tions 257.39; thence to station
5+50, north and south curb ele-
vations 253.43; thence to statimt
G+00, north and south curb ele-
vations 250.06; thence to station
6-50, north and south curb ele-
vations 248.77; thence to station
7+00, north and south curb ele•
vations 248.07; thence to station
7+50, nm•tit and south curb ele-
-~-
306 Regular Session, October %th, 1916
nations 2§5.44; thence to station
5+00, north and south curb ele-
vations 219.91; thence to station
5+60, north and south curb e1e-
vatious 252.45; thence to station
9+00, north and south curb ele-
vations 25G.09; thence to station
12+42.7, north and south curb ele-
vations 2S4.75; thence to station
12+92.i, north and south curb e1e-
vatious 2SS.14; thence to station
13-~-~12.i which is the tivest Prop-
erty line of north Grandview Av-
enue, south curb elevation 290.07,
north curb elevation 290.G3.
Sectimt II, This ordinance shall
be in force and take el'Eect ten (10)
days from and after its passage by
the City Council and its publica-
tion as required by laa~.
Passed upon first reading Septent-
her 9rd, 194G.
Passed, adopted, and approved
October 7th, 1946,
ALBERT WHARTON,
Mayor
FRANii VAN DUEL.I~IAN,
F. ~V, THOI~IPSON,
GEO. R. J'IURPHT,
\V. 1V. -IOFFATT,
Couucihuen
Attest J. J. SHEA,
City Clerk
Published officially in The Tele-
graph-Herald newspaper this 10th
day of October, 1946.
.I. J. SHEA
City Clerk
Conncihnau 1%an Duelman moved
the adoption of the ordinance. Sec-
ondled by Councilman Thompson.
Carried by the Pollowiug~ vote:
TeaslIaym~ Wharton, Council-
men Moffatt. -~hu'phy, Thompson,
Can Duelman.
Nays-Noce.
Ordinance No.34-46
Au Ordinance establishing a
grade on Dtutleith Street from the
west property line of Southern Av-
enue to a Point 390 feet west of the
west property lute of Southern Av-
enue, said m•dinance laving been
passed upon first reading ou Sep-
tember 3rd, 1946 and ordered placed
tut file with the City Clerk for pub-
lic inspection for at least one week
before its final adoption. was pre-
sented for final adoption.
Ordinance No. 34.46
Be It Ordained by the City Coun-
cil of the City of Dubuque:
Section 1. That a grade ou Dun-
leith Street from the west property
line of Southern Avenue to a point
390 feet west of the west property
lice of Southern Avenue be hereby
established and adopted as shown
by the profile of said street and
grade prepared by the City En-
g~ineer, being- profile No. 1323.
Bench 11~Iark, a railroad spike in
telephone pole No. 207-973I~ at the
southeast corner of Grandview Av-
emte and Southern Avenue, eleva-
tion 521.53.
Said grade begins at station
0+00, which is the west property
line of Southern Avenue, south curb
elevation 502.75, north curb eleva-
tion 503.25: thence to station 0+75,
north and south curb elevations
503.7G; thence to station 1+25,
north and south curb elevations
504.39; Hence to station 1+75,
north and south curb elevations
507.26; thence to station 2+00,
north and south curb elevations
SOS96; thence to station 2+50,
north and south curb elevations
511.32; thence to station 3+OQ
north and south curb elevations
513.01; thence to station 3+90,
which is the west end of Dunleith
Sheet, north south curb elevations
515.2x.
Section II, This ordinance shall
be iu force and take effect ten (101
days from and after its passage
by tle City Council and its pnblica-
timt as required by law.
Passed upon first reading Se~-
tember 3rd, 194G.
Passed, adopted, and approved
October 7th, 194G.
ALBERT ~i~HARTO\.
NIa'yor
FRAM{ VAN DIIEL1IAl
F. R'. THO11'IPSON,
GEO. R. 1HiRPHT,
1V. W. i14OFFATT
Councilmen
Attest: J. J. SHEA,
City Clerk
Published officially in The Tele-
graplrHerald newspaper this 10th
day of Ootober, 1946.
J. J. SHEA,
City Clerk
Councilman Moffatt moved the
adoption of tle ordinance. Second-
Regular ~essiou, C
--------
ed by Cotutcihnan Murphy. Carried
by the following vote:
Yeas-Mayor Wharton, Council-
nteu Moffatt, Murphy, Thompson,
Ca^ 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
l •lt the mouth of August 1946,
October %th, 196 iOi
Councilman Moffatt moved that
the reeouuuendatiom of City Solici-
tm• Kiuteing~er he approved and the
City Auditor instructed to draw a
warrant in the amount of $100.00
in favor of Emile Weiss, as settle-
ment in full of her claim, and that
said warrant be delivered to her
upon receipt by the Ctiy of Dubuque
of a. Properly executed release.
Seconded by Councilman Thmup~
tun g son. Carried by the following vote:
presented and read.
Councilman Van Duehuau moved t
that the proof of Publication be re-
ceived and filed. Seconded by
Councilman 14offatt. Carried b7 the
following vote:
Yeas-1~Iayor ~Chartott, Couuc;l-
men lloffatt,li;.rplty, Thompson.
Can Duelman.
Nays-None.
Council Proceedings for the
month of 1lfarch, 1946. Presented for
approval.
Councilman Van Duelman moved
that the Cotutcil Proceedings for
the month of March, 194G be ap-
protred as printed. Seconded by
Councilman Thongtson, Carried by
the T'ollawing' vote:
Teas--favor 1Vharton, Cotutcil•
men Moffatt, Murphy. Thompson,
Van Duelman.
Nays-None.
September 19, 194G
In re: Claim of Emile Weiss
Honorable -~Iayor and City
Council, Dubuque, Iowa
Gentlemen: Upon investigation of
the. above claim I find that ou or
about July 5, 1946 claimant, while
traveling on a sidewalk in front of
2176 Central Avenue, after leaving
work about midnight, tell over a
pile of bricks which had been there
for some time, receiving' injuries
to her right leg and to her mouth,
requiring medical and dental care.
She has made a claim of $500.00.
Her actual expenses tort about
$75.00. She has agreed to settle fm•
$100.00.
I recannnend that the claim of
Emile Weiss be allowed in the sum
of $100.00 and that a warrant be is-
sued Payable to let order for that
amount, delivered to her upon de-
livery to the City of a properly ex-
ecuted release.
Yours truly.
JOHN J. ICINTZINGER,
City Solicitm•
Yeas-i4fayor \~'harton, Council-
ueu Moffatt, -4urphy, Thompson,
Van Duelman.
Nays-None.
Dubuque, Iowa
October 7. 1996
To the Hmtm°able i4Iayor and
11'Iembers of the City Council.
City of Dubuque, Iowa
Gentlemen: I hereby recommend
for your approval the appointment
of the following named persons to
serve as Clerks of Election for
each precinct who shall have
charge of the election register.
This recommendation is submit-
ted in cmupliauce with the provi-
sions of the Permanent Registra-
tion Laws of the State of Iowa.
First Precinct-Democratic, 11'Irs.
Vera Ham; Republican, Mrs, Lil-
lian Jones.
Seeoud Precinct -Democratic,
Mrs.- hfargaret I';insella: Republi-
cau--frs. Geo. R. Fox.
Third Precinct-Democratic, Mrs.
Vera McAllister; Repnblicau, Mrs.
Pearl Hoerner.
Fourtl Precinct -Democratic,
Mrs. -~Iary Hughes; Republican,
Mrs. Martha Hunt.
Fifth Precinct-Democratic, Mrs.
Laura Hohmann; Republican. 1Vl's.
F, I~t, Trader.
Sixth Precinct-Democratic, -Irs.
Marie P~olfeubach; Republican.
114rs. Louise Forward.
Seventh Precinct -Democratic.
Nl~s. Cecila Weber; Repnblicau.
it-its. Cora Wolfe.
Eighth Precinct -Democratic.
NIrs. Aorta Weber; Republican, NIrs.
Jane Fulmman.
Ninth Precinct - Democratic,
Nll's. Belle Leidinger; Repnblicau.
-'l's, Edna Widdowson.
Tenth Precinct -Democratic,
Mrs. Stella Ball; Reliublicau, NIrs.
Hattie Donatsch.
~(>~ Regular Session, October ith, 19'16
Eleventh Precinct - Democratic
Mrs. Ida Murray; Republican, Miss
Carrie Saunders.
Twelfth Precinct - Democratiq
Mrs. Marie Sand; Republican, Mrs.
Ehroy Grasshorn.
Thirteenth Precinct - Democra-
tic, 1lrs. Freda Foell; Republican,
14rs. ll4arg'uerite Liddle.
Fourteenth Precinct - Democra-
tic, Mrs. Veronica Agard; Repub-
lican, 14Irs. Dorothy Bauer.
Fifteenth Precinct -Democratic
1-Its. NIathilda lIanahl; Republican,
14rs. Helen Hohnecker.
Respectfully submitted,
J. J. Shea,
Commissimler of Registration
Councilman Murphy moved that
the recommendation of Commis-
sioner of Registration Shea be ap-
protred. Secmuled by Councilman
illoffatt. Carried by the following
vote:
Yeas-Mayor tiVharton, Counchl-
men ;Moffatt, 14ltu~phy, Thompson,
jrall Dllehllall,
Nays--None.
September 10, 1916
To the Honorable 1~Iayor,
City Council, Dubuque, Iowa
Geutlenten: I heretrith snbntit
the reports of llte Cih~ Auditor, City
Treasurer, City Health Department
and \Voter Worts, also a list of
claims and payrolls for which war-
rants were drawn during the mouth
of Augttst, 1916.
Respectfully submitted,
A. A. RIIOMBERG,
City Alanager
Councilman Alan Duelmau moved
that the reports be received and
placed ou file. Secmuled by Council-
man Itlurphy. Carried by the fol-
lowing vote:
Peas-Mayor Wharton, Council-
men 1Moffatt, Murphy, Thompson,
Van Duelmau.
Nays-ATOne.
October r, 1946
To the Honorable Mayor
and City Council, Dubuque, Iowa
Gentlemen: This is to advise that
I have approtred the following band
trod policy and desire to have your
approval on same for filing;
EXCAVATION
Curtis Straub Cmnpauy, 1069
Main Street, Policy No, MP-46619.
Wayne C. Bush, Hartford Acci-
dent 8 Indemnity Co,
Respectfully submitted,
A. A. RHOMBERG,
Gity 11lanag'er
Councihuatl Thompson moved
that the bonds be approved and
placed on ffie. Seconded by Coun-
cilman I1'11u•phy. Carried by the fol•
lowing vote:
Peas-Mayor Wharton, Council-
men 11loffatt, Jlurphy, Thontpsou,
Van Duehnan.
Nays-None.
October 7, 1916
To the Honorable Mayor and
City Council, Dubuque, Iowa
Gentlemen: Mr. John E. Behlmer,
the owner of Lot 1G7 of Finley's
Add. desires that the city vacate
a portion of the unused part of
Avoca Street adjacent to his prop-
erty and that a strip of land so
vacated be sold to him.
The Code of Iowa requires that
vacation of streets be referred to
the Planning and Zouiug' Couunis-
sion for their recommendation and
report. Accordiug'ly, I reconnnend
that the matter of vacating a por-
tion of the public street adjacent
to Lot 1G i of Finley's Add, be re-
ferred to the Planning and Zoning
Conuuissiou.
Respectfully submitted,
A. A, RH0IIBERG,
City Manager
Councilman 1lurphy moved that
the reconunendatiou of City 14ana-
ger Rhomberg be approved. Sec-
onded by Cotutcihuan Thompson.
Carried by the following' vote:
Yeas-Mayor Wharton. Council-
men Moffatt, Murphy, Thompson,
Van Duelmau.
Nays-None.
October 7, 1946
To the Honorable Mayor and
City Council, Dubuque, Iowa
Gentlemen: At the September
3rd meeting the verbal request of
Clifford T. Siege, 1825 Bennett
Street, asking that the storm water
be diverted so as not to flow over
his property was referred to the
council to view the growtds.
The council having viewed the
premises decided to establish a
grade ou the alley first west of
Grandview Avenue from Grace
Street to Bennett Street and to
cause the same to be graded iu or•
Regular Session, October itb, i9~6 30)
der to divert a major share of the
storm water flow forming the basis
for the complaint.
I recmumend that the decision oP
the City Council be confirmed,
Respectfully submitted,
A. A. RHO1fBERG,
City Manager
Cowtcilman Van Duehnan moved
+hat the recmumendation of City
Manager Rhomberg be approved,
Seconded by Councilman Thomp-
son. Carried by the following volt;:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson.
Vau Duehnan.
Nays-None.
October 7, 1946
To the Honorable 11layor and
City Council, Dubuque, Iowa
Gentlemen: At the September 3rd
neetiug the petition of 7. A, I~Iauer
et al requesting the council to prt`
vent the use of the gas station
property at the corner of West Lo-
cust and I{it9cwood Streets as a
trailer camp was referred to the
City 14auager and Health Depart-
ment for investig'atiou and report.
Ou September 25th Dr. Entring-
er and I investigated the site
There were 11 hailers on the prem-
ises; 1 with fotu• occupants, 5 with
two each; 3 with one occupant; 1
empty and 1 for sale. Three dogs
are on the lot. These trailers are
connected with electricity but not
to any other utilities. Water is ob-
taiuetl from a spigot at the rear
oT the filling station. During the
hours the station is open front
7:30 a.m. to 10:00 p.ut. separate
toilets for both sexes are avail-
able, at night from 10:00 p.nt, to
7:30 a. m. the ladies toilet is used
by both sexes, Garbage is placed in
one large covered container which
is hauled away daily by the Pro-
prietor. The kitchen sinlt drainage
of each trailer is run into a per-
forated barrel buried in the earth
beneath. There are no facilities for
bathing or washing of clothes. The
outside bell system attached to the
telephone circuit night well have
a cut-off switch fm~ night use since
it is not possible to respond to
a telphone call when the station
is closed. Wrecker truck service
has operated fi•om this station since
August of this year.
The premises are maintained iu
reasonable condition, As regards
zoning the filling station is a uon-
confornting use in a uuiltiple resi
rtence district.
espectfully submitted,
A. A. RHOMBERG,
City Manager
14ayor jVharton moved that the
communication and report of Cite
Manager Rhomberg' be made a.
matter of record. Seconded by
Councilman 114offatt. Carried by the
following vote:
Yeas--'Iayor Wharton, Council•
men Moffatt, Murphy, Thompson,
Van Duehnan.
Nays-None,
Resolution No, 136-46
Whereas, the Dubuque Planning'
and Zoning Conunission has recom•
wended to the City Council that
all laud west of the old City limits
on the Asbury Road be zoned to
"Two Family Residence" classifi-
cation.
And, Whereas, before the Zon-
ing flap and the Zoning Ordinance
of the City may be changed it is
Lecessary that a public hearing be
held;
And, \Vhereas, the City Council
deems it advisable to hold such
public hearing.
Now, Therefore;
Be It Resolved by the City Ccuu•
cil of the City of Dubuque:
That there should be a public
hearing on the question of zoning
into "Two Family ResidencF'
classification the following describ-
ed territory:
[:agitating on the existing west
corporation line of the City of
Dubuque, Iowa iu line with the
nm•th property line of Seminary
Street extended to said corpora•
tion line; thence westerly along
the northerly ]iue of Stout Road
to the northerly line of Asbury
Road; thence north westerly
along the northerly line of tha
Asbury Road to the westerly
line of Avalon Street extendett
um•therly across said road;
thence southerly almtg' the west-
erly side of Avalon Road to the
southerly ]iue of Hillcrest Road;
thence easterly along the sonth•
erly line of Hillcrest Road to tlr~
west line of Lot 1 of Lot 2 of
Mineral Lot 261; thence scut]
310 Regular tiessio~, October ith, 1916 ~~ Regular session, October 7th, 19-16 311
along the west line of Lot 1 of
Lot 2 of Mineral Lot 261 anl'
Lot 1 of Lot 2 of Lot 1 of Lot 1
of Link's Subdivision to the
south line of Lat 1 of Lot 2 of
Lot 1 Of Let 1 Of Llllk'S sub-
division; thence easterly almtg
the southerly line of Lot 1 of
Lot 2 of Lot 1 of Lot 1 of Linlt's
Subdivision to the southerly line
of the Asbury Road; thence
southeasterly almtg' the souther-
ly line of the Asbury Road to
the existing' west corpm•ation
lice of the City of Dubuque.
Iowa, thence northerly along the
said esistiug west corporation
line to the point of beginning,
all in Section 22, Township S9
Nm~th, Rouge 2 East of the 5th
Principal iVleridian, being in Du-
bugne Township. Dubuque Coun-
ty, Iowa, containing 59.6 acres
more or less.
That tite time and place for the
said public hearing be, and the same
is hereby filed for 7:30 o'clock p.m..
the 2Sth day of October, 1946, in
the City Council Chamber, City
Hall. Dubuque, Iowa; that the City
Clerk be, and be is hereby directed
to cause to be published in the
Telegraph~Herald in the City of
Dubuque, notice of such hearing,
the same to be so published so as
to leave at least 15 days between
the day of such publication and the
day filed for said hearing', said
notice shall contain, among others,
the provisiort that any and all par-
ties in interest and any and all
citizens shall have an opportunity
to be heard.
Passed, adopted mul approvers
this nth clay of October, 1946.
ALBERT II'HARTO\,
11lavor
FRANK VAN DUELMAN,
F. W. THONIPSON,
GEO. R. 1IURPHY.
Rr. W. MOFFATT,
Councilmen
Attest: d. 7. SHEA.
City Clerk
Councilman Murphy moved the
adoption of the resolution. Second-
ed by Councilman Moffatt. Carried
by the following vote:
Yeas-~4ayor Wharton, Council-
men Moffatt, Murphy, Thompson,
I'an Duelman.
Nays-None.
Resolution No. 137-46
Whereas, the Dubuque Planning
aucl Zoning Conuuission has recont-
mended to the City Council that
the following property being iu
°Two Family Residence District"
classification be changed to "Local
Business District" classification:
Lots 106, 107, 103, 109 and 110
in Burden and Lowther Addition
to the City of Dubuque, Iowa
And, ~Vhettas, before the Zoning
illap and the Zoning Ordinance of
the City Wray be changed it is nec-
essary that a public hearing be
held, and,
Whereas, the City Cowuil deems
tt advisable to hold such public
hearing.
Now, Theretm~e:
Be It Resolved by the City Coun-
cil of the City of Dubuque:
That there should be a public
hearing on the question of thong.
ing fi~om "Two Family Residence"
classification to "Local Business
District" classification that area
described as
Lots 106, 107, 103, 109 and ]10
iu Burden and Lowther Addition
to the City of Dubuque, Iowa
17tat the time and place for the
said public hearing' be, and the
same is hereby fixed for 7:30
dclock p.m, the 23th day of Octo~
her, 1946, in the City Council
Chamber, City Halh Dubuque, Iowa,
that the Citv Clerl. be, and he is
herby directed to cause to be pub-
lished in the Telegraph-Herald in
the City of Dubuque, notice of such
hearing, the same to be so publish
ed so as to leave at least 15 days
between the day of such publica-
tion and the day fixed far said
hearing, said notice shall contain.
among' others. the provislou that
any and all parties in interest ann
any and all citizens shall have au
opportunity io be heard.
Passed, adopted and approved
this 7th day of October. 194G.
ALBERT 1FHARTON,
:Mayor
FRANIS VAN DL`ELMAN.
F. 1V. THONIPSON,
GEO, R, ItIURPHI',
Mr ~r MOFFATT,
Councilmen
Attest: J. J. SHEA,
City Clerk
Councilntau Fan Duelman moved
the adoption of the resolution. Sec-
onded by Conncihnan 14loffatt. Car-
ried by the Yollowing vote:
Leas-Mayor Id'harton, Council-
men 1~Ioffatt. Murphy, Tlwmpson,
I"an Duelman.
Nays-None.
Resolution No. 138-46
~I'heres. General Timber Ser-
eice, htc. 'has Piled with the City
Council of the City of Dubugtte, a
Petition requesting consent to the
building of a loading rlacl. 11 feet
10 inches in width and 162 feet in
length in «rater Street adjacent
and attached to the building locat-
ed on the North 225 feet of the
North 300 Yee; of Bloclt ~, Dubuque
Harbor Co.'s dddition in accord-
ance with the plans attached to
said Petition;
And. Whereas, it aPt>ears that
said loading dock is to be located
on the street;
Ind, I~'hereas the City Council
has viewed the grounds and is of
the opinion That the request should
be granted.
Now, Therzfore
Be It Resolved by the City Coun-
cil of the City of Dubuque:
Sec. 1. That the General Timber
Service Inc. its successors and as-
signs, he, and iC is hereby granted
the righi and authority to build a
ttew loading dock on Water Street
adjacent and attached to the build-
ing located ou the Nort~l25 feet
of the North 300 feet of Elock 7 of
Dubuque Harbor Co.'s addition ac-
cording to the plans now ou file in
the office of the Clerk of the City
of Dubuque.
Sec. 2. That such wnsh~uction is
to be done tinder the directimt and
supervision of the Building htspec-
lor and City llanag'er, and under
any rules and regulations they may
prescribe.
Sec. ~. That the right to Place and
maintain said new loading docl.
shall be subject to the continuous
control of the City Council, reserv-
ing the right to said City Council
to impose restrictions and co~di-
tions upon tha enjoynteut thereof
as may be reasmtably necessary fm'
the protection of the public inter-
ests, including right to revoke and
rescind the grant hereby made, if
at any time the public interests
should so require.
Sec. 4. As a further consideration
of the rights and privileges herein
granted, said General Timber Ser-
vice, Ina, its successors and as-
signs, assume any liability for dam-
ages to persons or property which
may reult from the construction
and/or maiuteuance of said new
loading dock antl said General Tim-
ber Service. Inc. its successors and
assigns, at its own expense agrees
to defend any and all claims or ac-
tions which may be made or
brought against the City because
of the coushnction and/or mainten-
ance of such loading dock, and
should the City be required to pay
any sum as damages. said General
Timber Service, lue, its successors
and assigns. agree to fully reim-
burse the City therefor- and to hold
said City harmless from any dam-
ages.
Sec. 5. Should the rights and
privileges herein grouted be re-
scinded or revoked, said General
Timber Service, Inc., its successor's
and assigns, at its own expense
and upon receipt of notice by regis-
tered mail agrees, within 30 days
after receipt of such notice to re-
move the structure herein authm•iz-
ed and to restore the street in as
good cortdition as it was before said
cmtstruction.
Sec. 6. This Resolution shall be-
come effective and the rights here-
under shall accrue to General Tim-
ber Service,Iue,its successors and
assigns, when the Resohdimt has
been passed by the City Council
and accepted by said General Tim-
ber Service, Inc., which acceptance
shall be endorsed hereon.
Passed. approved anti adapted
this 7th day of October, 1946.
ALBERT 1I'HARTON,
Mayor
FRANK VAN DUEL-IaN,
F. IF. THO-1PSON.
GEO. H. IiURPHY,
IIt. W. YIOFFAT'P,
Councilmen
Attest: J. J. SHEA,
City Clerk
Acceptance of
Resolution No. 1"s8.46
The General Timber Service, Inc.;
having Yell knowledge and ttnder-
112 Regular Session, October 7th, 196
standing' of all the terms and condi-
timts of Resohrtion No. 135-46, here-
by accepts the same as adopted
and agrees to comply with all the
terms and conditions thereof.
Signed this 14 day of October,
1946.
General Timber Service, Inc.
By C. lI. Harmon
-4gr. Fab. Div.
Councilman Moffatt moved the
adoption of the resolution, Second-
ed by Councilman Murphy. Carried
by the following vote:
Yeas-Mayor Wharton, Council-
men ;ti~Ioffatt, 14w°phy, Thompson,
Van Duelman,
Nays-None.
Ordinance No. 35.46
Au Ordinance granting to the
Chicago Great Western Railway
Company, its successors and as•
signs, the right to construct and
nlaintaiu a spur track across 12th
Sh°eet from one of its spur tracks
to the North side of 12th Street to
Lot 202 iu East Duhtulue Addition,
iu the City of Dubuque, Iowa, and
providing' the Terms and conditions
thereof, presented and read.
Councilman Van Duelman moved
that the reading just ha[l be con•
sidered the first reading ,oY the
ordinance. Seconded by Cowlci]•
man Moffatt. Carrie[1 by the follow-
ing trote:
YeasIVlaym' Wharton, Council-
then Moffatt, Murphy, Tltompsmt,
Vali Duelman.
Nays--Novo.
Councihnan Van Due~fnlan moved
that the rules ile suspended requir-
ing an ordinance to be read on
three separate days, Seconded by
C'omtcilman Thompson. Carrie[l by
the following vote:
Peas-Mayor' Wharton, Council-
men Moffatt, Murphy, Thornpson,
Van Duelman.
Nays-None.
Couucihuau Vau Duelman moved
that the ordinance be placed on file
with the City Clerk far public iu-
spection for at least one week be-
fore its final adoption. Seconded
by Councilman Mm•phy. Carried by
the following vote;
Peas-Mayor Wharton, Council-
men :14offatt, Il~IurPhy, Thompson,
Van Duehuan,
Nays-None.
October 7, 1946
To the Honorable :Mayor and
City Council, Dttbugt;e, Iowa
Gentlemen: I hereby certify that
the work of paviug Harlan Street
Prom Windsor Avenue pavement to
approximately the east Property
line of Sheridan Street iu the City
of Dubuque, Iowa, under the can-
h•act bearing date the seventh day
of August, A.D. 1946, by and be-
tweeu Thos. F1yun Coal Company,
contractor, and said City of Du-
bugne, Iowa, has been Yully com-
pleted according to the terms, cou•
ditions and siipulat-ions of said con-
tract, and in every way complies
with the same and with the plans
and specifications for said intprove•
meat.
I further certify that said im-
provement as constructed em-
braces the following' materials and
work:
50 ft, of G inch concrete roll curb
~u$0.50 per lineal ft,,..,.$ 25.00
1,•129.5 Sq. Yds, of 7 inch rehlforced
concrete Pavement @ $3.25 per
sq. yd .. ......................_ 4,646.55
Interest at G% for 52 days 40.G5
Total Due Conh•actor.....~4,712.50
That the additional test and ex-
pensys incident to sail inlprove•
meut, and which should be iuclud•
ed iu the amount to be assessed
are as follows:
Printing, publishing, and inspec-
tion .................._............ ~ 5400
-Iaking total cost of said improve-
ment ....._ ..................$1,162.50
Respectfitliy submitted,
L. 0. TEMPLE,
City Engineer
approved: A. A. Rhombm•g, City
1lanagel
The undersigned, Thos. Flynn
Coal Company, contractor for
above described improvement, does
hereby aecePi the above amount,
Total Due Contractor, as full settle-
ment of all claims for said improve-
ment.
THOS, FLPNN COAL CO.
Contractor
By Thos. L. Flynn
Councihnan Van Duelman moved
that the communication be receiv-
e[l and oracle a matter of record.
Seconded by Couucilmau Nhu•phy.
Carried by the following vote:
Peas-Mayor Whartmt, Couucil-
meu 114offatt, Murphy, Thompson,
Van Duelman,
Nays-None,
Regular Session, October 7th, 196
I A Resolution Accepting Improve-
ment and Directing the Clerlc to
Publish Notice) City of Dubuque,
Iowa.
Resolution No. 139.46
Whereas, the contract for the
paving of Harlan Street from Wind-
sor Avenue pavement to aPProxi-
mately the east property line of
Sheridan Street has been cmnpleted
and the City -~Ianag'er has examin-
ed the work and filed his certifi-
cate stating' that the same has been
completed according to the terms
oY the contract, Plans and s~ecifi-
cations an[l reconunends its accept-
ance, now therefore,
Be It Resolved, by the City Coun-
cil of the City of Dubuque, that the
reconuuendatlml of the City NIan-
ag~er be aPPI-oved and that said inl-
provement ile and the same is here-
by accepted and the City Engineer
be and he is hereby directed to pre-
pare aPlat and schedule showing
the lots or parcels of real estate
subject to asaesament for said im-
provement an[7 file the same in
the office of tha City Clerlc subject
to Public inspection and said Clerk
shall upon receipt of such plat and
schedule publish the notice of the
Council's intentimr to levy special
assE'ssment therefor, as 'required
by law.
Be It Further Resolved, that th
City Treasurer be and he is hereh
directed to pay to the contractor
from the funds to be realized frmt
the sale of Ilnprovement bonds is
sued upon the above described in
provelnent in amount equal to th
amount of Iris contract, less alt
retained Perzeutage Provided fo
therein.
Passed, adopted and approve
this 7th day of October, 1946.
ALBERT WHARTON,
Mayor
FRANI{ VAN DUELMA
F, W. THOMPSON,
GEO. R. MURPHY,
~V. W, MOFFATT,
Cwlncilnlen
Attest: J. J. SHEA,
Councihnan Murphy moved t
adoption of the resaluiian, Seca
ed by Councihnan Moffatt, Carr'
by the following vote:
Peas-Mayor Wharton, Coun
men Moffatt, MurPlly, Thomps
Van Duelman,
Nays-None.
jiJ
October 7. 19I6
To the Honorable \layor and
City Conned, Dubuque, Iowa
Gentlemen: I hereby certify that
the worst of paviug Euclid Street
from Windsor Avenue Pave~~enfeeC
aPProtimately twenty-two ( ~
west of tha east property line of
Sheridan Street iu the City of Du.
buque, Iowa, under the contract
hearing date the seventh day of
August, A. D. 1946, by and between
Thos. Flynn Coal ComPa11Y~ cau-
tractor, au[I said City of Dubuque'
Iowa, has been fully completed ac-
cording to tha terms, conditions and
stipulations of said contract the
its every way complies with
same and with the plans and s~eci-
fications for said improvement.
I further certify that sail inr
provement as conshicted embt•aces
the following .materials and worst:
50.0 ft. of 6-inch concrete roll curb
36.00
at X0.60 per lineal ft...-.$
1,491.3 sq. Yds oY r-inch reinf~lper
concrete pavement. at3'4556.45
sq. y[l..,......... .........
}~4i
htterest at 6% for 52 days S4 `t°,l 95
Total Due Cmltractor .~-"att[l ex-
That the additional costtmPt'ove-
peuses incident to said inchul-
meut, and which should pe ssessed
ed in the amount to be~ a
are as follows: insPee-
e Printing, Publishing, and ~ 50.00
t10n ..............._................
Y 111akiug Total Cast of said ImPt'ove-
' $4,9 i 3.95
went _....
t
ResPectftdly submitted,
- L. 0. TEivIPLE•
t" City Engineer
e ~ City
y Approved: :1. A. Rhomlterg,
1. lIauager Flynn
The undersigned, Thos. for
d Coal Company, contractor' does
above described improvemeatrtgttllt,
hereby accept the above
Total Due Cmttractm•, as full settle-
N meat of all claims for said improve-
ment
THOS. FLYNN COA~otC~actm'
By Thos. L. Flynn
Souncilmau `Tan Duelman receiv
he that the comnnmication be record.
ud- ed and made a matter °fMurpltY•
led Seconded by Councilman vote:
Carried by the following Counci]-
cil- Yeas-Mayor WhartonTilonlpson,
on, men Moffatt, MurPhY,
Van Duelman.
Nays-Norse.
,12 Regular Session, October 7th, 196
standing of all the terms and condi-
timts of Resohttiou No. 135-46, here-
by accepts the same as adopted
and agrees to comply with all the
terms and conditions thereof.
Signed this 14 day oY October,
1946.
General Timber Service, Inc.
By C. M. Harmon
-lgr. Fah. Div.
Councilman Moffatt utoved the
adoption of the resolution. Second-
ed by Councilman Murphy. Carried
by the following trote:
Yeas-Mayor Wharton, Council-
men &Ioffatt, Mtu'phy, Thompsmt,
Vau Duelmau,
Nays-None.
Ordinance No. 35.46
Au Ordinance grouting to the
Chicago Great Western Railway
Company, its successors and as•
signs, the right to construct and
ntaitttain a spur track across 12th
Street front one of its spur traclts
to the North side of 12th Street to
Lot. 202 iu East Dubuque Addition,
iu the City of Dubuque, Iowa, and
providing' the terms and conditions
thereof, presented and read.
Councilman Van Duelmau moved
That the reading' just had be cou•
sidered the first reading' pt the
ordinance. Seconded by Council•
man 1Ioffatt. Carried by the follow-
ing vote:
Yeas--~fayor IVharton, Council-
wen Moffatt, -4urphy, Thompson,
Vati Duelmau.
Nays--Nano.
Councilman Van Due~imau moved
that the rules be suspended requir-
ing art ordinance to be read on
three separate days, Seconded by
Cowtcilman Thompson. Carried by
the Yellowing vote:
Peas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Vau Duehnan.
Nays-None.
Couucihnau Vau Duelmau moved
that the m•dutance be placed ou file
with the City Clerk for public iu-
spactien for at least one week be-
Yore its final adoption. Secmtded
by Councilman Murphy. Carried by
the follotviug vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Mtu'phy, Thontpsou,
Van Duelmau.
\ays-None.
October 7, 194G
To the Honorable :1~Iayor and
City Council, Dubuque, Iowa
Gentlemen: I hereby certify that
the work of paving Harlan Street
Prom Windsor Avenue pavement to
approsfmately the east property
line of Sheridan Street iu the City
of Dubuque, Iowa, trader the con-
tract bearing late the seventh day
of August, A.D. 1946, by and be-
tween Thos. Flynn Coal Company,
contractor, and said City of Du•
bugne, Iowa, has been Yully com-
pleted accm'ding to the terms, cou•
ditions and stipulations of said eou-
tract, and iu every way complies
with the saute and with the plans
and specifications for said improve•
neut.
I further certify that said int-
provement as constructed em-
braces the followiug~ materials and
work:
50 ft, of G inch concrete roll curb
~u$0.50 per lineal ft_.. $ 25.00
1,429.5 Sq. I'ds, of 7 inch reinforced
concrete pavement a~ $3.25 per
sq. yd, ........_.... _......_.. 4,G46.S5
Interes± at 6% for 52 days 40.65
Total Due Contractor. ....$4,712.50
That the additional test and ex-
peus~s incident to said inrprove-
meut, and which should be iuclud•
ed in the amount to be assessed
are as follows:
Priutiug, publishing, and inspec-
tion ....._ ................. .... $ 5400
.Making total cast of said improve-
ment ___.,....____... _.... _.$4,762.50
Respectfitliy submitted,
L, 0. TEMPLE,
City Engineer
Approved: A. A. Rhomberg, City
.lIauager
The undersigned, Thos. Flynn
Coal Company, cottractor for
above described improvement, does
hereby accept Lhe above amount,
Tote] Due Contractor, ae full settle-
ment of all claims for said improve-
me~t,
THOS. FLYNN COAL CO.
Contractor
By Thos. L. Flynt
Cotwcihnan Van Duelmau moved
that the communication be receiv
ed auil wade a matter of record.
Seconded by Councilman 11~Im°phy.
Carried by fire following vote:
Yeas-Mayor Wharton, Couucil-
men Moffatt, Murphy, Thmmpson,
Van Duelmau,
Nays-None,
1
9
i
JIJ
Regular session, October 7th, 19
(A Resolution Accepting Improve-
ment and Directing the Clerk to
publish Notice) City of Dubuque,
Iowa. th
Resolution No, 139.46
Wlterea.s, the contract for the fr
paving of Harlan Street from ZVind- aP
sor Avenue pavrement to approsi- w
merely the east property line of Sl
Sheridan Streit has been completed lu
b
and the City Manager has examin-
ed the wm'k and filed his certiti- A
sate stating that the same has been T
completed acem'ding to the terms tr
of the contract, Plans and sPecifi- I
cations and recmnurends its accept- S
ante, now therefore' it
Be It Resolved, by fire City Couu- s
cil of the City of Dubuque, that the f
recommendation of the City 11'fau•
alter be approved and that said int-
provement be and the same is here- i
by accepted and the City Engineer t
be and he is hereby directed to pre-
pare aPlat and schedule showing
the lots or parcels of real estate
subject to assessment for said int-
provemeut and file the same iu
the office of iha City Clerk subject
to Public inspection and said Clerh
shall upon receipt of such plat and
schedule publish the notice of the
Council's intmttimt to levy special
assessment therefor, as 7•equired
by law.
Be It Further Resolved, that the
City Treasurer be and he is hereby
directed to pay to the cmth•actor
from the fmids to be realized frmu
the sale of Improvement hoods is-
sued upon the above described ins
provemeut in amomtt equal to the
amount of his contract, less anY
retained Pe1'centage provided for
therein.
Passed, adopted and approved
this 7th day of October, 1946.
ALBERT WHAR'PON,
Mayor
FRANK VAN DUELMAN,
F, ~';r, THO&1PSON,
GEO. R. MURPHY,
W. ~V. MOFFATT,
Catncihuen
Attest: J. J. SHEA,
Councilman Murphy moved the
adoptimt of the resolution. Second-
ed by Councihuan Moffatt. Carried
by the following vote:
Yeas-Mayor Whartmt, Council-
men 114offatt, llm•phy, Thmnpson,
Van Duehnan.
Nays-None.
October 7, 1946
To the Honorable 114aym~ anfl
City Council, Dubuque, Iowa
Gentlemen: I hereby certify that
e work of paviug~ Euclid Street
mn IVindsm' Avenue Pavement to
proximately twenty-two (22) feet
est of the east property line of
teridan Street in the City of Dtt-
ulue, Iowa, under the contract
easing date the seventh day of
ugttst, A. D. 1946, by and between
hos, Flynn Coal Company, con-
aetm°, and said City of Dubuque,
owe, bas been fully completed ac-
ordiug to rho terms, conditions and
tipulations of said contract, and
t every way complies with the
ame and with the plans mtd speci-
icatimts for said improvement.
I further certify that said im-
n'ovement as constucted embraces
he following staterials and work:
50.0 ft. of G-inch concrete roll ~5nOD
at $0.50 Pet' lineal ft._. p
1,494.3 sq. Yds of 7-inch reinforced
concrete pavement. at $3.25 Pet'
sq. yd . ............... ..._._.. 4S5G.4S
Interest at Goo for 52 days.. 42.47
Total Due Contractor.. _ $4,92.95
That the additional cost and es- ,
peuses incident to said improve-
ment, and which should rte inchul-
ed in the amount to be assessed
are as follows
Priutiug, Publishing, and ins~ec-
tion .,...,.... _ .......... ... $ 511.00
llakiug Total Cost of said Improve-
ment ........_,......._,,......_....$'4,973.95
Respectfully submitted,
L. 0. TEMPLE.
City Engineer
Approved: A. A• Rhomberg, City
1Ianager
The undersigned, Thos. Flynn
Coal Company, contractor for
above described improvement, does
hereby accept the above amount,
Total Due Cmrtractor, as full settle-
ment of all claims for said improve-
ment.
THOS. FLYNN COAL CO.
Contractor
By Thos. L. Flynn
Souncilman `Jan Duelmau iuoved
that the conuuunication be receiv-
ed and made a matter of record.
Seconded by Councihuan MurPhY•
Carried by the following vote:
Yeas-Mayor WhartotTho°pson,
men Moffatt, Mm'PhY,
Van Duehnan.
Nays-None.
31~ keular Session, October 7th, 1946
fA Resohttiou Accepting Improve
went and Directing the Clerlt to
Publish Notice) City of Dubuque,
lows.
Resolution No, 140.46
j~~~hereas, the contrast Yor the
paving of Euclid Street from ~Vind-
sor Avenue pavement to approxi-
mately twenty-two feel feet west
of the east property line of Sheri-
dan Street has been completed and
the City bIanager has examined the
wm~k and filed his certificate stat-
iu~~ that the same has been com-
pleted according to the terms of
the contract, Plana and specifica-
tions and reaouunends tts accept-
ance, now therefore.
Be It Resolvred, b}' the City
Council of the City of Dubuque. that
the recommendation of the City
Manager Le approved and that said
improvement ire and the same is
hereity accopted and the City En-
giueer be and he is hereby directed
to prepare a plat and schedule
showing fire lots or parcels of real
estate subject to assessment for
said improvement and file the same
iu the office of the City Clerk sub-
ject to public, inspection and said
Clerl{ shall upon receipt of such
plat and schedule publish the no-
tice of the Council's iutentimt to
levy special assessments therefor,
as required by taw.
Be It Further Resolved, that the
City Treasurer be and he is hereby
directed to pay to the contractor
from the funds to be realized from
the sale of Intprovemeut bonds is-
sued upon the above described int-
provement in amount egtal to the
amount of his contract, less any re-
tained percentage provided fo1'
therein,
Passed, adopted and approved
this 5th day of October, 1946.
ALBERT R'HaRTO\.
Mayor
FRANK VAN llb'EL1IaN.
F, ~Y. THOIIPSON,
GEO. R, iI~IURPHT.
~T', ~F. JIOFFATT.
Councilmen
.lttest: J J. SHEA,
City Clerk
Councilman Thompson moved
the adoPtian of the resoltttiou, Sec-
onded by Councilman I14urphy. Car-
ried by the following vote:
Teas-liayor ji'harton, Cottucil-
meu lIaffatt, iiVim°phy, Thompson,
ti an Duelmau.
Nays-None.
Resolution No. 141.46
Be It Resolved by the City Coun-
cil of the City of Dubuque that the
follorviug, having complied with the
provisions oP taw relating to the
sale oY cigarettes within the City
of Dubuque, be granted a permit to
sell cigarettes and cigarette Papers
within .aid City and the 14auag'er
is directed to issue such permit au
behalf of said City.
Name Address
Joseph 1, Kramer and Louis P.
O'Connor, 55 East 7th Sheet.
~~'illiam L. Johanningmeier. 13T,i
Central Avenue,
Herman C. Tshirgi, 2311 Rrind-
sor avenue.
Louis A, 1Jh°ight and Raymond
P. Wright, 1323 Ceuh•a] avenue.
Be 1t Further Resolved that the
bonds filed wiflt the applications
be approved.
Passed, adopted and approver)
this Sth day of October, 1946.
ALBERT NHARTON.
11laym•
FRdNh VAN DtiELJIAN.
F, j`', THOIIPSON,
GEO. R. 14HRPHT,
~~~%, }}~, lI0FFa7"P.
Councilmen
attest: .i. J. SHEA.
City Clerk
Councilnt~ut ~'an Duehnan morel
the arioptimt of the resolution. Sec-
onded by Councilman l_IoPtatt.
Carired by the following vote:
Yeas--layor lj"hartnn, Council-
men -1lot'fatt, Murphy, Thompson.
l'an Duehuau.
Maya-None
Resolution No. 142.46
~Phereas. applications for Beer
Percni+_s have been submitted to
this Council for approval and the
same have been examined:
Now, Therefore,
L'e It Resolved by the Council of
the City of Dubuque that the fol-
lowiug'applications be granted and
the licenses are to be issued upon
the compliance with the terms of
the ordinances of this City,
31~
Rebular Session, October %th, 194Ci _
Class "B" Permit
Name Address
Phillip V'Iihaiakis, 793 East 1Gth
Street.
Alitred E. Hedley and Lillian
Hedley. 579 Eighth Avenue.
John 114. Baumgartner and John
J. Baumgartner. 15-13 Cenh°al Aw
sane.
Clarence J. Bowen and Robert L.
Hanson. 1590 Elm Street.
Joseph L, ~Vittg~ert, 6iS Central
Avenue.
Eugene P. McCann, S02 Iowa
Street.
Joseph A, Kramer and Louie P.
O'Connm~, 5o East 5th Street.
Jahn Gratz and Clara Gratz, 2991
Central Avenue.
John A. Armsh°oug and Harriett
lI. Armstrong. 39S lIain Street.
Class "B° Permit for Private Club
Hawkeye Club of Dubuque, Iowa,
1345 Cenhal venue.
union League Club, 400 Iowa
Street.
Class "C° Permit
Jasper Leo Puccio and Catherine
Lynch. 2350 Bur'ling'ton Sheet.
Joseph d• Siege and Rerdiuaud
W, hennil.er, 2401 «riudsor Avenue.
Passed, adopted and aPPt'ot'ed
this 5th clay of October, 19411.
ALBERT NHARTON,
itlayor
FRANK VAN DLELI~IAN.
F j~'. THOIIPSON,
GEO. R. IILRPHT,
T~'. llr, i1I0FFATT.
Couneihuen
Attest: J. J, SHEA,
Ciry Clerk
Councilman Thompson move
the adoption of the t'esolution. Se
onded by Couucihuan lIoffatt. Ca
rled by the fallowing ~-ate:
Teas-llaym' llrhartou, Couuc
men Moffatt,1Iut'P1iY, ThomPso
't'an Duelmau.
Nays-Norte.
Resaluciou No, 143.46
~T'hereas, heretofore apt>iications
for Beer Permits were filed by the
within named applicants and they
have received the approval of this
Council; and
1~Chereas, the premfl cautslrh~ e
copied by such aPP~
been iusPected and Youud to tour
ply with the ordinances of this City
and they have fiied a proper band:
Now, Therefore,
Be It Resolved by the Council
of the City of Dubuque that the
;fIanager be and he is hereby direct-
ed to issue to the following named
applicants a Beer Permit.
Class "B" Permit
Name Address
John iVl. P,a~nugartuer and John
J. Baumgartner. 1643 Central Av-
enue.
Clarence J. Bowen and Robert L.
Hansmt, 1,90 Elm Street.
Joseph L. 1Vinget't. G.5 Central
avenue.
Eugene P. 11'IcCann. Su° kiwa
Street.
Joseph A. Kramer and Louie I'.
O'Connor', 55 East 5th Sire.et.
John Grata and Clara Gratz, 2!19]
Central venue.
Sohn A. Armstrong and Harriett
}I, Armstrong, 39S 1~Iaiu Sheet.
Class "B" Permit for Private Club
Hawl.eye Club of Dubuque, Iowa.
1345 Central Avenue.
Uuiou League Club, 1n(i Iowa
Street.
Class "C" Permit
Jasper' Leo Puccio and Catherinc
Lynch, ~SSU Burlington Street.
Joseph J. Siege and Ferdinand
1G. Iienniher, 2ltll R'iudeor Avenue.
L'e It Further Resolved that the
bonds filed by such aPPlir'atttor'ed.
turd the saiue are hereby a1P'
Passed. adopted and approved
lhi= Ith day of October. 1946.
ALBERT `~rHAR`pO\.
d Mayor
c-
FRANIC VAN llF'EL:~ A.
p.
F. 11'. TFIO:t1PSON.
rl- GEO. P.. l1L'RPH1.
n. R~. ~1'. 14OFFA'PT.
Caancihneu
Atte3t. J J. SHEA.
City Clerk
Couucilut.ui 1V[offatt proved the
adoption of the resohitimt. Secoutl-
ed by Conucihnan Murp]ty, Carried
by the following vote:
Teas-l[ayor 1>t'hartou, Cormcil-
men Mot"toff, 1'lurphy, Thompson.
Van Duelmau.
Naps--None.
316 Regular Session, October ith, 19-16
Resolution No. 144-46
li~hereas, applicatioty for Class
'B" Beer Permit has been submitt-
ed to this Council for approval and
the same has been examined:
Now, Therefore,
Be It Resolved by the Council of
the City of Dubuque that the fol-
lowing application be granted and
the license is to be issued upon the
compliance with the terms of the
ordinances of this City.
Class "B" Permit
Name Address
Floyd Croft, 1091 Nlaiu Street.
Passed, adopted and approved
this 7th day of October, 194G.
ALBERT ZVHARTON,
Mayor
FRANK VAN DUELNIAN,
F, \V. THONIPSON,
GEO. & MURPHY,
11'. ';V, NIOFPATT,
Cotmcilmen
Attest: ,I J. SHEA,
City Clerk
Councilman Moffatt moved the
adoption of the resolution, Second-
ed b}~ Couucilmau Thompson. Car-
ried by the following' vote:
Peas-Nlayor Wharton, Couuci]-
men Nloffait, Murphy, Thompson,
Van Duehnan.
Nays-None.
There being no further business
Councilman Thampsjou moved to
adjourn. Seconded by Councilman
.Murphy. Carried by the following
}rote:
Peas--~Iaym• Wharton, C'ouneil•
men 11'Ioffatt, Murphy, Thompsmt,
Van Duelmau.
Nays-None.
J. J. Shea,
City Clerk
Approved ..__...._ .....................1947,
Adopted ...,, _ ........................ 1947,
Councilnteu : ......................................
Attest : ...............................................
City Clerk.
Special Session. October 9th, i9~ti 317
City Council
(Official)
Special Session, October 9th,
194G,
Cotutcil ntei at 7:30 p.m.
Present-Nlayor Wharton, Cotut-
cihneu Moffatt, Murphy, Thompson,
Vau Duelmau, City Manager Rhom-
berg'.
Nleetiug called by order of Coun•
cihneu Van Duelmau and Thomp-
son.
AIa}nor 1Vha.rtou read the call and
stated that service thereof had
been duly made and that this nteet-
iug~ is called for the purpose of cmr-
ductiug a pui~lic hearing upon the
plans, specifications and form of
contract foi• the cottstrnctiou of a
permanent sidewalk abutting the
North 69 feet 3 inches of Lot .3,
owned by 1N~illiam F. and Kathryn
Cooper and acting ou guy other
business ail may Pt'operly come be-
fore a regular meeting of the City
Council,
Return of Service, subscribed
and sworn to by Edwin 0. Ander-
son, Deputy Sheriff of St. Louis
County, State of Minnesota, that he
served a copy of Resohttion No.
12S-~G upon 1Villiam F, and hath-
ryn Cooper, a resolution ordering
the construction of a permanent
sidewalh abutting' and adjoining
the North 64 feet 3 inches of Lot
73 in the Original Town of Dubuque,
presented and read.
Councihuau Van Duehnan moved
the Return of Service be received
and filed, Seconded by Couucilmau
Moffatt. Carried bq the following
vote:
Peas-Nlayor ~Vhartou, Counci]-
nteu Moffatt, Murphy, Thompson,
Van Duelmau.
Nays-None,
Proof of publication, certified to
by the publishers, of Notice of In-
tentiou to consh•uct a permanent
sidewalk abutting and adjoining
the North 64 feet 3 inches of Lot
3 in the Original Town of Du-
buque, 'iVilliam F. and ISatlu•yn
Cooper, owners presented and read.
Couucilmau 1'Iurphy moved that
the proof of puitlicatiou be received
and filed, Seconded by Cotmcilmen
Thompson. Carried by the follow-
ing vote:
leap Mayor ~~Vharton, Council-
men :1loYfatt, Mw'phy, Thmupsan,
Van Duehuan.
Nays-None,
Proof of publication, certified to
by the publishers, of Notice to Con-
tractors, of the receipt of bids fm'
the construction of a Permanent
sidewalk abutting and adjoining'
the North G4 feet 3 inches of Lot 73
iu the Original Towu of Dubuque
owned by William F. and Kathryn
Cooper, presented and read.
Couucilmau 14offdtt moved that
the proof of publication be receiv-
ed and filed. Seconded by Couucil-
mau Murphy. Carried by the fallow-
ing vote:
leas-Nlayor• `Vharton, Council•
men Moffatt, Murphy, Toluupsou,
Van Duelmau.
Nays-Noce,
Petition oY Cooper Real Estate
Office, by W. F. Cooper, requesting
that they be allowed to make such
repairs as are necessary to the
safety of the sidewalk abutting and
adjoining the North G3 feet 3
inches of Lot i3 iu the Original
Town of Dubuque ou the North side
of the Ausrin AParhneuts until
they are ably to go ahead with a
new side~aralk in the spring, pre-
sented and read,
Councilman Thantpsmt .moved
that the petition be received and
filed and the City Manager in-
sh•ucted to notify Mr. SVilliam
Cooper to post «°ith the City oY Du-
buque aPublic Liability Bond in
the amount of $5,000.00 and ~10,-
000, said hood to be posted with the
City of Dubuque within 15 days.
failure to post the bond within the
required time the sidewalk to be
barricaded. Seconded by Council-
man i1~Iurphy. Carried by the Yol-
lowing vote:
Yeas Nlayor '<Vharton, Council-
men Moffatt, Mm•phy, Thompson,
Van Duelmau.
Nays-None.
Cmnunmicatiou of the Dubuque's
Women's Club advising' that the
Club voted unanimously to mge
the City Cotmcil to rigidly enforce
the~law which prohibits the selling
of beer and liquor to minors iu
clubs aurl taverns of Dubuque, also
the Club troted to urge tavern
Beepers to go a step further in this
X18 Special Session, October 9th, 19-IG
regard by refusing admission to
boys and girls under the age of 21
to their places of business, also
the Club agreed to urge the City
Council to co-operate with the or-
ganizatlous in attempting to solve
the praitlem of recreation Yor young
people in Duituque, presented and
read.
Councilman 1~Iurphy moved that
the cmnnnutication be referred to
the City Council. Seconded by Coun-
cilman 11[offatt. Carried by the fol-
lowiug~ vote:
Teas-11layor F~'harton, Council-
men lloYfatt, 11lurphy, Thompson.
Can Duehuan.
Naps--None.
Petition of Peter J, and Kathleen
B. Seippel regttestiug that the CitT
of Dubuge e~eeute a quit claim
need running to Foster E. and
1lary .lIoneht Adams conveying' the
1`i este~rly 10 feet of Lot 7 of Alber
Addition and that Foster E, and
_llary ;1~Ioneht Adams will in turn
execute an easement giving the
City of Dubuque perpetual right to
the use of tle said Westerly 10
feet of Lot i of Alber Additimt for
crosswalk purposes, which rri11 ac-
cmnplish the City's requirements
xs they are now understood to be
and would not violate the restrict-
ing covauauts running with the
laud. Pt°eseuted and read.
Councilmanllurply moved that
the petition be referred to the
Piauning and Zoninti Couunission
for their recommendation and re-
port Seconded by Coancihuau
'1'hompsou, Carried by the folloty-
iug vote: -
leas-Mayor Wharton. Council-
men lIoffatt, llnrphy. Thompson,
Can Duehuan. "
Nays-None.
Resolution No. 145.46
Be Lt Resolved by the City Coun-
cil of the City of Dubuque that the
following, having complied kith the
provieions of law relating to the
sale of eig~arettes within the City
of Dubuque. be granted a permit to
sell ci,arettes and cigarette papers
within said City and the Manager
is directed to issue such permit mr
behalf of said City.
Name Address
Floyd Croft. 1091 Main Street.
Be It Fm°ther Reeolred that the
iiosul filed with the al>Plication be
approved.
Passed, adopted and approved
this 9th day of October, 196.
ALBERT ~VHARTON.
lIaym°
FRANK tiAN DI'EL.11AN.
F, 1P. THO111PSON.
GEO. R, 112tiRPHT
Tj'. W. -~fOFFATT.
Councilmen
Attest: J. J: SHEA,
City Clerk
Conncihnau Van Duelman morel
the adoption of the resolution. Sec-
muled by Councilman -Ioffatt. Car-
ried by the followiug~ vote:
~-eas--~Iaym S~'hartmr. Council
men 1[offatt, liurphy. Thompsmt.
Van Duelman.
Nays-None.
Resolution No. 146-46
lj'HEREaS. heretofore applica-
tion for Glass `B" Beer Permit was
filed by the tt'ithin named appli-
cant and it has received the ap-
proval oY this Council; and
~j'HEREAS, the premises to be
occupied by such applicant have
been inspected and found to com-
p1,y with the ordinances of this Citr
and he has filed a proper hood:
NO«', THEREFORE,
BE IT P~ESOL1'ED by the Coun-
cil of the City of Dubuque that the
1~Iauager be and he is hereby di-
rected to issue to the follawin~
named applicant a Beer Permit.
CLASS "B" PERMIT
Floyd Croft 1091l~Iaiu Street.
BL+' IT FIIRTHER RESOLVED
that the bond filed by such appli-
cant he and the same is hereby
approted.
Passed. adopted and approved
this 9th day of October. 1946.
ALBERT ZTrHARTON,
•-4ayor.
FRANK V.IN DL'ELIIAN.
F. W. THOIIIPSON.
GEO. R. MLTRPHT,
1C. t1'. 111OFFATT.
Councilueu.
Attest: J. J. SHEA,
City Clerlc.
Councilman Pan Duelman moved
the adoption of the resolution. Ser
onded by Councilman illoffatt. Car-
ried by the following' vote:
Peas-11'[ayor S~'harton, Council-
men -IafYatt, Dlurphy, Thompson.
Van DueUnau,
Nays--None.
There being no further business.
Councilman Van Duelman moved to
Special Session, October 9th, 19~~(
adjourn, Seconded by Councilman
i4turphy. Carried by the following'
note:
Yeas-llfayor Whartmr, Council-
men lIaffatt, lIurphy, Thompson.
Catfi Dtteluan.
Nays-Noce.
J. J. SHEA.
City Clerh.
Approved _ __ _ _ . 19-1.
Adopted __ .194.
Attest: __ ..... .. .............._.......
City Clerh.
J~~
320 Special Session, October llth, 19=46
City Council
(Official)
Special Session, October 11th,
1946.
Couucil met at 7:30 P, M.
Present-Mayor Wharton, Conn-
cilmen Moffatt, il4urphy, Thompson,
j'an Duehuau, City I1lanager Rhour
berg.
1Vleetii~g galled by order of Coun•
cihnen 1~Ilu•phy and 114offatt.
1layor 4Vharto^ read the call and
stated that service thereof had been
duly made and that this meeting
is called for the purpose of con-
ducting apublic hearing upon ttte
Plans, specifications and form of
contract for the consh•uctimt of a
permanent sidewalk abutting' on the
SS%est side of the West 170 feet of
Lot 254 of Davis Farm Additimt,
Agatha llihm. owner, and acting
on any ether business as may pro-
perly come before a regular meet-
ing of the City Council,
Return oP Service, subscribed and
awm'n to by F. J. Reng~s, Deputy
Sheriff, Rollz County, Iowa, that he
served a copy of Resolutimt No.
L•'0-46 upon Agathallihnt, own-
er, a resohttimt ordering the con-
struction of a permanent sidetvalli
abutting and ad,joiuing' the West
side of the SVest 170 feet of Lot
2S4 of Davis Farm Additimt, pre-
sented and read.
Councilmat Murphy moved that
the Return of Service be received
and filed. Seconded by Councilman
Thompson. Carried by the follow-
ing tirote:
Peas-Mayor Wharton. Council-
titen Moffatt, 14urphY, Thompson
Van Dttelman.
Nays-None.
Proof of publication certified to
by the publishers, of Notice of In-
tention to construct a permanent
sidewalk abutting and adjoining' the
West side of the West 170 feet of
Lot 2S4 Davis Farts Addition,
Agatha 1lilun, owner, presented and
read.
Conncilmau Van Duehuau moved
that the proof of publicatimt he
received and filed. Seconded by
Cotmcihnan Moffatt. Carried by
the following vote:
Peas--Mayor Wharton, Council-
then 1~Iotfatt, Murphy, Thompson,
Van Duehnan.
Nays-None.
Proof of publication, certified to
by the publishers of Notice to side
walk contractors of the receipt of
bids far the consttltctimt of a per-
manent sidewallz abutting and ad-
joining' the jVest side of the West
lr-0 feet of Lot 2S4 of Davis Farm
Addition, Agatha 11~Iihm, owner, pre-
sented and read.
Councihuau Moffatt moved that
the proof of publication be re-
ceived and filed. Seconded by
Councilman lIurphy. Carried by
the following vote:
Yeas-&Iayor TVhartou, Council-
men Moffatt, Murphy, Thompson,
Vau Duelmau,
Nays-None.
October 11, 1946.
To the Hmtorable 114ayor
and City Council,
Dubuque, Iowa.
Centlement: Pursuant to yoru• in-
structions sealed bids were received
until lO:OQ A. i1'I. October 11th,
154G, for the constrection of a con-
crete sidewalk along the northeast
side of Central avenue abutting
Lot 2S4 of Davis Farm Addition,
One bid, that of the D. C. l~iay
Construction Co. was received for
the sidewalk at 39c per square foot
or a total of $ll7.00. I recommend
that the contract be awarded to
the D. C. hiay Construction Co. at
Che price bid.
Respectfitlly received,
a. A, RHOMBERC,
City -Ianager.
Comicihuau Thmupson moved
that the connnuncation oY City -4an-
ag~er Rhontberg' be referred to the
Council. Seconded by Councilman
-Ioffatt. Carried by the following
vote:
Peas-t1iayor tiVharton, Council-
nteu Moffatt, Murphy, Thmupson,
Vau Duehnan,
Nays-None,
Communication of Paul V. Bet-
ters, Executive Director of the
United States Conference of May-
ors, advising that the 1947 Annual
Conference of The United States
Conference of Mayors will be held
in 1ashington, D. C., on January
2021-22, 1947, presented and read.
Councilman Murphy moved that
the communication be referred to
Special Session, October 11th, 19=46 321
the Council for consideration. Sec Wren Moffatt, lllurphy, Thmupson,
onded by Councihnau Van Duehnan. Van Duehnan.
Carried by the following vote: Nays-None.
Yeas-Mayor Wharton Cottncil-
meu Moffatt, -~hu•phy, Thompson.
Van Duehnan.
Nays-Noce,
J. J. SHEA,
City Clerk.
approved ..... .......... .. .... 194'r
Communication of the Natimtal
Institute of Municipal Law Officers,
by Walter J. Mattison, President.
asking the City Couucil to author-
ize City Solicitor Kiutziuger to at~
tend the conference of City Attor-
neys to be held in Washington,
D. C., on December 2-3~4, 1946, pre-
sented and read.
Cottncihuau Murphy moved that
City Solicitor Kiutziuger be author-
ized to attend the conference, if he
so wishes, the expenses to be bm•ne
by the City of Dnbnque. Seconded
by Councilman Van Duelmau. Car
ried by the folowing~ vote:
I eas-Mayor Wharton. Council-
men -4offatt, Murphy, Thompson,
Vau Duehnan.
Nays-Moue.
Commmticatiou of Smtotone of
il4adison, by D. F. R. Rice., .llan-
ag~er, relative to the Ordinance g~ov~
erring the matter of a ]i'cense for
itinerant nterchauts and asking the
City Council for a ruling on said
ordinance as the same applies to
their business in Dubuque and stat-
ing that after considering the na-
ture of their business that the City
Council find some way to permit
them to cmttinue to do business in
Dubuque, presented and read.
Cotmciht;an Thompson moved
that the application be denied and
the City Clerk instructed to notify
Mr. D. F. R. Rice of the action
taken by the City Council Second-
ed by Councilman Moffatt. Carried
by the following vote:
Peas-Mayor Wharton, Council-
men Moffatt, 14urphy, Thompson,
Vau Duehnan,
Nays-Noce.
There being no ftu•ther business,
Councilman Van Duelmau moved to
adjourn. Seconded by Councihnau
11Iurphy. Carried by the following
vote:
Yeas-Vlayor Wharton, Council-
adopted .............................. 19I7
Councilmen : ....................................
Attest : .............................................
City Clerk
i22 Special Session, October ?3rd, 19-~b
City Council
(Official)
Special Sessimr, October 23rd,
194G.
Council met at 9:3D A. 1'I.
Present-l'fayor Wharton. Coon
cihneu lloftatt, :14nrphy. Thompson.
1'au Duehnan City 114anager Rhmn
berg'.
illeeting called by order of Coun-
cilmen j"an Duehnan and 14lurph}.
Mayor whartou read the call and
stated that service thereof had been
duly Wade and that this Heeling i~
called for the. purpose of eonsider-
ing a resolutimt far the issuance of
a permit far the Purpose of per-
mitting natural gas to be made
araila.hle to all of the people of the
City of Dubuque and acting' on au}•
other business as may properly
crone before a regttlar meetin° of
the Citti~ Cotmcil.
Councilman14w°phy Roved that
J. J. Hail act as Clerk Pro Tem
of the meeting iu the absence of
City Clerh., J. J. Shea. Seconded
by Councilman Thmnpson. Carried
by the follotaiug vote:
Teas111ayor «'harton, Council-
men 11Toffatt, :l~Ilu•phv, Thompson.
van Duehnan.
Nays-None.
Conuunnication of The Iiey City
Gas Company in regard to the ap-
plication non pending before the
Federal Power Commission fm a
permit to make natural gas avail-
able to all of the People of the
City of Dubuque, presented and
read.
Councilman van Dnehuau moved
that the couununication be received
and filed. Secmuled by Councihuan
Yloffatt. Carried by the following
vote:
Peas-D~Iayor Wharton, Council-
men 1~Iotfatt. 11lurph}-. Thompson.
van Duehnan.
Nays \rone.
Resolution No. 147-46
Whereas the City Cotmcil of the
City of Dubuque. Iowa. has been
informed that there is pending be-
fore the Federal Power Conunis-
simr, applications for permits to
ser~~e various couununities in this
and other States, with natural gas.
And 1','hereas, a public meeting
was held on October 23. 1946, for
the g'euerah discussion of the com-
munity interests, needs and desir-
ability oY having natural gas avail-
able for the use and benefit of
the general public.
And whereas, it was almost the
unanimors agreenteut at said public
meeting that the public generally
is in falor thereof.
and «rbereas, it is the opinion of
the City Council of the City of Du-
buque, Iowa, that there is a need
for Said natural g'as, and that the
City Council is of the farther opin-
ion that s permit should be granted
permitting natural gas to be made
available to the citizens of Du-
buque, Tawa.
NOW THEREFORE. BE IT RE-
SOLVED BT THE CITT COIINCIL
OP THE CITT' OP DL'BL'Q-E.
IO~~'A: That the Federal Pov~er
Conuuission be and they are here-
by advised there is a need for na
trual gas far the City of Dubuque,
Iowa, and the citizens thereof, and
that FPC be and they are heretic
petitioned to isaue a permit far the
purpose of permitting nahual gas
to lie ;Wade at°ailable to all oY the
people of the City oY Dubuque.
Dated at Dubuque. Iowa. this 23rd
day of October, 1946.
ALBERT 11'H:IRTON,
14lavor.
FRANK \'A\' UL F.Llla\.
P. 11'. THOIIPSOS.
GEO. R, IIL~RPHT.
~d'. ~5'. lIOFFATT.
Councihuen.
Attest: J. J. Shea,
City Clerk.
Councihuan Thompson moved the
adoption of the resolution. See-
oncled by Councihuan ~Turphy, Car-
ried by the fahlowing~ vote:
Teas-Mayor Wharton. Council
men 1l'Ioffatt. Il~Iurphy, Thmnpson.
van Duehnan.
Nays-None.
There being' uo further business.
Councihuan Murphy mo~•ed to ad-
journ. Seconded by Councilman
Special Sessiun, October 23rd, 1946
Thompson. Carried by the follo«~
ing~ vote:
Teas-liayor lvhartmt, Couucil-
meu Moffatt, Murphy. 'Thompson,
Fan Duelntau.
Navs-None.
J. J. SHEa,
City Clerk.
~ ~ Apps aved _ ~ . _ , 1f~dT
Adopted .194.
Cauncilneu:
t
attest:
3~3
32=4 Special Session, October ?8th, 19-}6
City Council
(Official)
Special Session, October 28th,
194G.
Council met at 7:30 P. 111.
Present-.1layor Whartmt, Coun-
cilmen 1lotfatt, Murphy, Van Duel-
man, City Manager Rhomberg.
Absent Councihuan Thompson.
lYIeeting~ called by order ot- Coun-
cilmen Van Duehnan and l~furphy.
-layor Whartmt read the call and
stated that service thereof had been
duly made and that this meeting
is called for the Purpose of con-
ducting public hearings upon pro-
posals to amend the Zoning 11ap
and Zoning Ordinance of the City
of Dubuque, also for the purpose
of considering bids received for the
construction of the I~aufmanu Ave-
nue Sanitary Trunk Sewer and act-
ing on any other business at Wray
properly come before a regular
meeting of the City Council.
Proof of publication, certified to
by the publishers, of notice of pub-
lic hearing upon a Proposal to
amend and chaug~e the Zoning -~Iap
and the Zoning Ordinance of said
city by changing' Lots lOG, 107, lOS,
109 and 110 in Burden and Lowther
Addition from "Two Family Resi-
dence Dish•ict" classification to
°Local Business District° classifi-
cation, presented and read.
Councihuan -Ioffatt moved that
the proof of publication be received
and filed. Seconded by Councihuan
illurphy, Carried by tht following
vote:
Yeas--lIaym• 1Vharton, Council-
men, 11~Ioffatt, 111m~phy, Van Duel-
man,
Nays-None.
Absent-Cotmcilman Thompson.
Councilman Van Duehnan moved
that the rules be suspended for the
ptu•pose of allowing anyone present
in the Council Chamber, who
wishes to do so, to address the
Council, Seconded by Councilman
Mm•phy. Carried by the following
vote:
Yeas-Mayor Wharton, Comcil-
men Moffatt, Murphy, Van Duel-
man.
Nays-None.
Absent-Cotmcihnau Thompson.
1~Iessrs R. D. Stoltevberg. Al Reis-
ing, Dorrance Rapp, Bob Fossehuan,
Joint Genz and Frank Zahina ad-
dressed the Council objecting to
the reznling of Lots lOG, 10i, 103,
109 and 110 in Burden and Low-
ther Addition to a "Local Business
District" Classification and statiug~
that the rezoning oP these lots to
"Local Business District° classifi-
catioit will allow certain business
to go in there which would tend
to dishu°b the peace and quiet of
the neighborhood and make said
neighborhood an undesirable place
to live and would also tend to de-
preciate the value of their proper
ties. Messrs. William H. Thomp-
son and Joint 11~Ieyer addressed the
Council as favoring the rezmting
of Lots 106, 107, 108, 109 and 110
in Burcleu anti La`vthers Addition
to a "Local Business District"
classification stating that if a stare
was allowed to be built on these
lots that it would eliminate the
present dumping grounds and
weeds which are allowed to grow
ou these lots each year and would
help to beautify the neighborhood
,Councihuan lIoffatt moved that
the matter of rezoning Lots lOG,
107, lOS, 109 and 110 of Burden and
Lowther Addition to a "Local Busi-
ness District" be referred to the
Council for consideration. Second-
ed by Cotmcihnau 1~Im°phy. Carried
by the following vote:
Yeas-ilfayor 1Vharton. Council-
men :1loffatt, 11'huphy, Van Duel-
nnan,
Nays-None.
Absent-Councilman Thompson.
Proof of publication, certified to
by the publishers, of notice of a
public bearing upot a proposal to
amend the Zouiug Map of the City
of Dubuque so as to include iu the
"Two Fannily ll,esideucel" classi-
fication certain land west of the
old City Limits recently aunesed
to the City of Dttbugtte, presented
and read.
Councilman 1'hu•phy moved that
the proof of publication be received
and filed. Seconded by Councilman
Van Duehnan. Carried by the fol-
lowing vote:
Yeas-Mayor 1Vharton Council-
men Ilfoffatt, Murphy, Van Duel-
lllan.
Nays-None.
AbsentCatutcilman Thompson.
i
3ZJ
Special Sessiun, October 2Sth, 196
Ordinance No. 36-46
An Ordinance amending and
changing the Zmtingl'Iap of the
City of Dubuque, Iowa as provided
by Ordinance No. 3.34 designated
"Zouiug Ordinance of the City of
Dubugtte° so as to include iu the
"Two Family Residence' classifi-
cation certain land west of the old
City Limits recently amte~ed to
the City of Dubuque, Presented and
read.
Councihuan Van Duehnan moved
that the reading just had be con-
sidered the First reading of the
ordinance. Seconded by Councilman
tihu-phy, Carried by the following'
vote:
Leas-Mayor Wharton, Council-
men Moffatt, .Murphy, Van Duel-
man.
Nays-None.
Absent-Councihuan Thompson.
Councilman Van Duehnan moved
that the rules be suspended re-
quiring' an ordinance to be read
on three separate days. Secmtded
by Councihuan Moffatt. Carried by
the following vote:
leas-Mayor' 11'hartou, Council
men Moffatt,llurphy, Van Duel
man.
Nays-None.
Absent-Councihuan Thonpsmt
Councihuan Van Duehnan moved
that the ordinance be placed cot
file with the City Clerk for Public
inspection for at least one week
before its final adoption. Seconded
by Councilman Murphy. Carried by
the following' vote:
leas-1[ayor Wharton, Council-
men Moffatt. 1lurphy, Van Due]
coon.
Nays-Noce.
Absent-Councilman Thompson.
Proof of Publication, certified to
by the publishers, of notice to con-
tractors of the receipt of proposals
for the construction of the Ifauf-
mauu Avenue Sanitary Trunk Sew-
er, presented and read.
Councihuan Van Duehnan moved
that the proof of publication be re-
ceived and filed. Seconded by Coun-
cilman ;1'Iurphy. Carried by fire fol-
lowing vote.:
leas-Mayor Wharton, Conucil-
men Moffatt, 11u1'Phy, Van Duel-
mau.
Nays-None.
Absent-Councilman Thompson.
October 38, 196
To the Houorable1'Iayor and
City Council, Dubuque, Iona.
Gentlemen: Pursuant to your in-
structimts sealed bids were called
fm° the construction of the Ilattf-
mann Avenue Sanitary Trunk Sew.
er until 10:00 o'clock a.tu. October
23. 194G. No bids were received at
the letting'.
I recommend that all previous
action mi this project be rescinded
and that the matter be reinitiated
et~th scone changed Pravisions-
particularly with reference to the
method of payment as set forth in
the notice to contractors oY the
receipts of proposals.
Respecttally submitted.
A, A. RHO1l1BERG.
City Manager
Councilman Moffatt moved that
the recommendation of City -1an-
aget- Rhontberg be approved. Sec
onded by Cotmcilman 1Vlurphy. Car-
ried by the following vote:
leas--Iayor ltthartov, Council-
men -loffatt, 1lnrphy, Van Duel-
man.
Nays-None.
Absent-Councilman Thompsmt.
Resolution No. 148-46
1Vhereas. Proceedings have be,eu
adopted for the constructini of the
Kaufmann ?venue Sanitary Trunlc
Sewer; and
1Vhereas, it- is in the best inter-
ests of the City of Dubuque to re-
scind the actiot p}evionsly taltev
with reference thereto; Now,
Therefore,
Be It Resolved that the action
previously taken with reference to
the. Iiaufmanu Avenue Sanitary
Trunl; Sewer be resciuclecl and av-
uulled.
Passed, adopted and aPPt-oved
this ZSth day of October, 19IG.
ALBERT WHARTON.
l~iayor
FRANK VAN DUEL1'IAN,
GEO. R. 11iJRPHY,
1~'. 1V. D10FFAT.
Councihueu
Attest: J. J. SHEA,
City Cleric
Councihuan Van Dnelman moved
the adoption of the resolution. Sec-
ouled by Councihuan Mut'Phy, Car-
ried by the following vote:
leas-11layor Wharton. Cotuncih
326 Special Session, Octuber 2Sth, 19-46
meu 1loftatt. lIurphy, Pan Duel-
man.
Na}'s-roue.
Absent-Councihuau Thompson.
Proposed changes iu Bus Routes
preseuted by the Interstate Paw°er
Company coreriug~ i1It. Carmel and
Fremont Fioute, Cleveland Avenue
Route and the Linwood Route, pre
seated and read.
Councilman Illurphy moved that
the City Solicitor be instructed to
prel)APe a preper OrdlllamCe COrer-
ing the proposed changes in bus
routes a. submitted by the hrter-
state Porver Cmnpauy. Seconded b}
Councihuau Van Duehnan. Carried
by the following rote:
Teas-lfayor IVharton, Council
men Dioffatt.lfurphy. Van Duel"
man.
;•'ay~-Nuns.
:Absent-Couircilmau 'phnmpsou.
klr. Frank Zahina addressed the
Council asking that the dorm water
couditimr at Burden and IViudsor
Avenues be taheu care of and also
that the crosswalk at the interaec-
tiou of Burden and IVindsor Ar
euues be repaired.
Councilman .lIurphy moved thal
the verbal request of llr. Frank
Zahina be referred to the Council
to view" [he grounds. Secmrde~l by
t_'ouncihrrau Jloffatt. Carried by the
folhorvirrg vote:
Seas lfaym IVharton. Council
men 11Ioffatt ll~hn•plrr°, Fan Duel
man.
Nays \oue,..
absent-Councihuau 'Phomp~ou.
Conummicatiou of Joseph Veu-
trella statiug~ that time does not
permit and the information receiv-
ed from the City Engineer and
local dealers in vitrified sewer pipe
and considering the hazardous ele
merrti affecting a emrtract of this
size at this time prohibits filing
any bid for the construction of the
Kaufiuaun avenue Sanitary Trunk
Server. preseuted and read.
Councilman 14urphy moved that
the comnnmicatiom be received and
filed. Seconded by Cmmcilman Fan
Duehnan. Carried by the following
vote:
Teas-Mayor IVhartmr, Council
meu Moffatt,l~Iurphy, Fan Dttel-
man.
Nays \oue.
Absent-Councihuau Thompson.
Notice of Claim oY Carl Fay in
the amowrt of X3.09 for w=recker
service to g'et his car out of a
pluuilrer's ditch at 3095 Seminary
Street preseuted and read.
Councilman lIurphy moved that
the Notice of Claim be referred to
the City Solicitor for iurestigation
and report. Secmxled by Couuci]-
man Moffatt Carried by the follorr-
ing rrote:
Seas-Mayor IVharton. Council-
men1[offatt IAu•phy. Van Duel-
man.
Nays: one.
ahient-Councilman '1'irmnlison.
Petition of the Senior Hi,h
School asking permission to sheteh
a banner across -laiu Street be-
tween The Dubuque Building and
the Graham Clothing Story pre-
seuted and read"
Councilman lhurphy moved drat
the request he granted. Seconded
by Councilman Moffatt Carried by
the following rote:
leas-lfaym• IVharton, Council
meu tiotfatt. 1lurnhy. Fan Dnel
Luau.
Nays-None,
Ahsenf-Councilman 'phonrpson.
Conuuunication of Sclnrrler S.
Hunter. Secretary. Iowe State Haus~
fug Committee. requesting the at-
tendance of Building Commissioner
Bandy at a meeting oY the Building
Inspectors of fhe Class One cities
to be held November 1st at the
State House in Des Dloines, Iowa
presented and read.
Councilman .linrphy uwred that
Comuissioner Bandy he authurizerl
to attend the meeting the elpeuse=
to be paid by the Cit}• of Dubuque,
Seconded by Councilman Fan Duel-
mau. Carried by the following~ote:
leas-lIayor 1Vhartmr. Council-
menlloffatt. lIurphy. I"au Dttel-
man.
Nays-Noce.
Absent-Councilman Thompson.
Conununication of Russel H. Ba"
con Company, 14iuueapolis, lhinn.,
in regard to the installatimr of park-
ing meters iu the City of Dubuque.
presented and read.
Cmmcilnan ir,lurphy moved that
the cmnnnmicatimr be referred to
the Council. Seconded by Cauncil-
Sp<<ial Session, Oct~rber 28th, 19-4ii 32,`
man Van Duelnan. Carried by the
following rote:
Peas-Mayor IVhartmr, Cowuil-
meu .Ifoffatt, lhu~phy. I%au Dueh
mdu.
Nays-None.
absent-Councilman Thompson.
Petition of the Dubuque County
Tuberculosis Association request-
ing permission far the holding of a
Bangle or Tag' Day on Saturday.
Ueceruber 1 lth, presented and read.
Councilman Fan Duehnan moved
that fire request be ;ranted. Sec-
onded by Councilman l~Ioftatt. Car
Tied by the Yollolvirg vote:
I"eas-Mayor 11'harton, Cotmcil-
meu lloffatt,lhurphy. Van Duel-
man.
Nays \oue.
ab:•eut-Connrihnau 'flromp=mr.
Conununieation or D~,rbnrlne Re~
tail Merchanfs advising that the
Dubuque Retail lIerchants are
staging a gigantic Christmas parade
to begin at 2:00 P.m. on November
13th and requesting that an effec-
tive plait be worked oaf with ode"
quote police assistance Tor the hold-
ing oY the said parade, presented
and read.
Councilman lfurphc moved that
the co~unruuicatiau be received and
upprored and referred to the. Police
Deparhuemt for their cooperation
as requested i^ the commmrfcatiou.
Secouderi by Councilman Fan Dnel-
nuui. Carried by the Yollowiug rote:
I"eas-llaym• IVharton, Conui~il-
meu Moffatt. 1'hu•phy. Fan Duel-
mau.
i\~ay Aoue.
_lbsmrt-Councihuau Thompson.
Petition of the Dubuque Retail
I1Icrchants requesting pernriss,iou
to erect decorations on Bain Street
Yrmn lth Street to 12th Street and
on 5th Street front llaiu to Locust
Sheet, hmu November llth to ap-
pro~_imately January 1st and also
that they be allowed to emumct
and receive electric power frmu the
street lighting system with such
power being provideii by the City,
presented and read.
Councilman Nlarphy moved that
the petition be referred to the City
Manager and City Electrical In-
spector for their repm~t to be sub-
mitted at the neat meeting of the
City Cmm~cil. Seconded by Couucil-
man Moffatt. Carried by the follow-
iug vole:
Seas-D~Iayor IVharton. Council-
men Moffatt. 1~Iurphy. Fan Duel-
mau.
Nays A'oue.
Absent-Councihuau Thompson.
Proof oY publication. certified to
by the publishers, of a statement
of receipts and also a list of clainr>
for which warrants were drawn
during the mouth of September,
I9~l6, presented and read.
Councilman lIoffatt moved that
the proof of publicatimt be received
and filefl. Seconded hY Conncilnan
Fzn Duehnan. Carried by the fol-
lowing rote:
leas-Mayor jWharton. Council-
men .Ilotfatt, lIurphy. San Duel-
man.
Nay, \oue.
Absent-Councilman Thoutpsou.
Council Proceedings For the
month, of April and liay, 1946 pre-
sented fm approval.
Comrcilnau San Duelnan morecl
that the Council Proceedings fm~
the months of April and 11~Iay, 194r,
be approved as printed. Seconded
by Councilman lhu~phy. Carried by
the following vote:
Leas-Maym~ IVharton. Council-
men Moffatt, lIurphy. Van Dueh
man.
Nays-None.
Abseni-Conncihnan Thmnpson.
Ordinance No. 35-4G. An Ordi-
n~uue granting to the Chicago Great
IVesteru Railway Company, its suc-
cessors and assigns, the right Gr
construct and maintain a spar track
across 12th Street from one of its
spur n~acks to the North side of
12th Sheet to Lot 302 in East Du-
buque Addition, in the Clty of Du-
buque, Iowa. and providing the
terms and conditions thereof, said
ordinance having been passed up-
on first reading mr October ;th.
1916, vrd ordered placed on file
with the City Clerk for public in-
spection tar at least one week be-
fm°e its final adoption, was preseut-
ed for final adoptimr.
Ordinance No. 35-4G
An Ordinance granting to the
Chicago Great IVestern Raihvay
Cmmpany, its successm~s and as-
signs, the right to cmrstruct and
maintain a spur h°aclc across 12th
Street Erma oue of its spur track
3iS Special Session, October ?Stb, 19-16
to the North side of 12th Street
to Lot 202 in East Dubuque Addi-
tion, ilt the City of Dubuque, Iowa.
and Providing' the terms and condi-
tions thereof.
BE IT ORDAINED BT THE CITY
COUNCIL OF THE CITY OF DU-
BUQUE:
Sec. L That permission be, and
the same is hereby granted to the
Chicago Great ~Trestern Raihvay
Company its successors and as-
sig'ns, the right to lay down, oper-
ate and maintain a spar track
across 12th Street from one of its
spur tracks to the North side of
12th Street to Lot 202 in East Du-
buque Additon to the City of Du-
buque in accm"dance with the plans
now on file iu the office of the City
Clerk.
Sec. ~. That in the laying down
and the operation of said track, the
same shall be so constructed and
maintained as to create the least
possible obstruction of the ordinary
travel and use of the street on and
over which said track is laid; that
cars shall not be allowed to stand
on the track in said street and that
the same shall be kept free for
travel at all times except when it
may be necessary for cars to be
,witched across the same.
Sec. 3. That said track hereby
authorized shall be laid to the es-
tablished grade of 12th Street and
should the grade of 12th Street be
changed at any time, the said
track shall be so changed as to
coufm~nt to such changed grade at
the expense of the. railroad com-
pany and the company shall have
no claim for damages against the
City by reasmt thereof.
Sec. 4. That the said railroad
company shall at all times 1{cep
the space. between the rails of said
tracl. and the space to the end of
the ties on each side of said track
so graded that automobiles m oth-
er vehicles may easily crass over
and use all of said space, and that
when required by the City Comlcil
said raih-oad company shall plank
between the rails and make suitable
approaches as required by the. Coun-
cil to enable vehicles to easily cross
aver the same.
Sec, 5. Said traclt shall be so
conshucted and maintained as not
to dam up or obstruct- the flow of
water in said street. and the said
Special Session, October ZSth, 19-16 ;29
railroad company shall at its otvn
espensa construct such drainage
structures as may be necessary to
prevent the dannning~ up m• obstruc-
tioit of flowage of water in said
street.
Sec, G. It is further express]y
stipulated and provided that all rail-
road companies now operating
tracks in the City shall be entitled
at any t-ime to have their cars trans-
ferred over said track, and all in-
termediate tracks of said company,
its successors and assigns, which
may be necessary to be used in
m~der to connect with the track
hereby authorised upon the pay-
ment of such switching charges
which may he unifornily applied
within this City and accepted as
reasonable between railroad emu-
panies operating' within the City.
Sec. t. This Ordinance being
deemed urgent and of immediate
necessity, shall become effective
upon its passage, adoption and ap-
proval by the City Council and pttb-
lication as provided by law and
the rights herein granted shall ac-
cure to said rain"oad company when
this Ordinance has been accepted
by said railroad company which
acceptance shall be endorsed here-
on, and when the cosh and expense
of publishing the same have been
paid by said railroad company and
when the. injuries and damage to
property abutting' upon said sh°eet
has been ascertained and compen-
sated for, or in lieu thereof, when
the record owners of such property
and record holders of liens and en-
cumbrances thereon have filed with
this Council their consent to the
construction and operation oY such
hack anel waivers and releases oY
any damages which Wray be sus-
tained by theist on account of the
construction and operation of the
same.
Passed upml first reading this
th day of October, 1946.
Passed, adopted and approved ml
final reading this 2Stlt clay of Oc-
tober, 1946.
ALBERT WHARTON,
-Iayor.
FRANK VAN DUELIIAN,
GEO. R. 14URPHY,
W. W, lIOFFATT,
Councihuen.
Attest: J. J. SHEA,
City Clerk.
Acceptance of Ordinance
N o. 35-45
Chicago Great Western Railway
Company, having knowledge of all
the terms and conditiolts of Ordi-
nance No. 35-4G, does hereby ac-
cept said Ordinance as adopted by
the City Council of the City of
Dubttque, Iowa, on the 2Sth day of
October, 1946.
Signed this 20th day of Novem-
ber, 1946.
CHICAGO GREAT WESTERN
RAILWAY COMPANY
(Seal.)
BY
S. lI, GOLDEN,
Its Vice President
Attest: B. F. PARSONS,
Secretary.
Form Approved
GUI A. GLADSON,
General Solicitm•.
Published officially iu The Tele-
grapr-Herald newspaper this 26th
day of November, 1946.
J. J. SHEA,
City Clerk.
Councilman 11'Ioffatt moved the
adoption of the ordinance. Sea
oncled by Cotmcihuau Murphy. Car-
ried by the following vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Vau Due]-
man.
Nays-Nmle.
Absent-Councihuau Thompson.
October 10, 1946.
To the Hmtorable 114aym'
and City Council,
Dubuque, Iowa.
Gentlemen: I herewith submit
the reports of the City Auditor,
Treasurer, Health Department and
1ltaterworl~s; also a list of payrolls
and list of claims fm• which war-
rants were drawn during the mouth
of September, 1946.
Respectfuly submitted,
A. A. RHOlI'IBERG,
City 1Vlanager.
Councihuau Murphy moved that
t-he reports be received and placed
on file. Seconded by Councilman
~'an Duelman, Carried by the fol-
lOwing vote:
Yeas-Mayor «tlarton, Council-
men -Ioffatt, 1'Iurphy, Van Duel-
nlan.
Nays-Nmle.
Absent-Cotmcilnan Thompson.
October 15, 194G.
In re: Claim of Mrs. Minnie Ham-
ilton
Honm'able~ Mayor and
City Council,
Dubuque, Iowa.
Gentlemen: On or about Sep-
tember 16; 194G, damages were
caused to the car of Nlrs. ktinnie
Hamilton by a decayed branch fall-
ing out of a tree onto her car while
it was parked in front of 1250-1262
Washington Street, breaking the
aerial on her car and damaging
the hood, front fender and front
light.
I recommend that the claim be
allowed in the sum of ~G.05 and
that a warrant be issued payable
to the order of Mrs. Minnie Hamil-
ton and delivered to her upon de-
livery to the City of Dubuque of a
properly executed release.
Yotu's truly,
JOHN J. I~INTZINGER,
City Solicitor.
Councilman Moffatt moved that
the recmuntendation of City Solici-
tor I{intzing'er be approved and the
City Auditor be instructed to draw
a warrant in the amount of ~G.05
in favor of 141rs, blinuie Hamilton
as settlement in full of her claim
and tlmt said warrant be delivered
tipan receipt by the City of Du-
bugne oY a properly executed re-
lease. Seconded by Counci)man
Mm"phy. Carried by the following
vote:
Yeas-114ayor 17Vharton, Council-
men Moffatt, iiTurphy, ~"an Duel-
man.
Nays-None.
Absent-Councilman Thompson.
October 22, 194G.
In re: Florence Lemper ~~. City
of Dubuque.
Honorable 11'Iayor and
Glty GOnllCll,
Dubuque, Iowa:
Gentlemen: On June 9, 1945,
Florence Lemper filed with the City
Council of the City of Dubuque, a
claim in which she stated that the
Statute of Iowa provided that a
police matron should receive a sal-
ary not less than the minimum
salary paid to policemen iu the
City of Dubuque, asserting' that
from lurch 31, 1941 to'.14ay 1, 1945,
inclusive, she had not received the
salary provided by the stahrte and
3,3U Special Session, October 2~th, 19=}6
that. she was entitled to the full
amount thus pt°ovided for the past
titre years. That thereafter she
tiled au 3menled and Substituted
Petition in the District Court of
Dubuque County, Iowa, upon the
same grounds. claiming that there
~n'as due her the stun of $1,666.00,
with legal interest.
Upon behalf of the City there
ryas filed an answer which alleged,
among other things, that plaintiff.
because of her actions and cmuhtct
had acquiesced in the payment of
said salary and was thus estoppel
Prom claiming any more than was
paid to her. A motimt teas made
by Plaintiff to strike out this part
of the answer which tvas unstained
by the District Court. Au appeal
was taken upmi this ruling and the
Supreme Court affirmed the opinion
of the lower Court, striking that
part oY the answer in which de-
fendant set up the lefense of waiv-
er, acquiesence and estoppel.
In the case oY Closer C. L'urline
ton. 3S1 Iowa GiO. fhe Supreme
Court held that firemen suing the
City for back salary had waived
their right thereto, but in speaking
about that case herein, they stated
that the same did not apply and
that in Phis case the plaintiff was
entitled to the full salary pro~idel
by the Code. It ryas because of
this case that an appeal was tak-
en. That matter now having been
determined against the City the
only rhing~ remaining to do is to
pay the claim oY Florence Lemper
and the Court costs. The amount
of her claim with interested to
October 15, 1946 amounts to
gig-15.39.
I recommend that a warrant be
issued payable to Czizek &Czizek.
attorneys Pol~ Florence Lemper and
that the same be delivered upon
the delivery to the City oY a proper
release, and that a warrant be is-
sued to the Clerk at' the District
Court for the amount of the Court
costs.
Tours truly,
JOHN J. IiINTZINGER.
City Solicitor.
Councilman lIurphy moved that
the reconuueulation of City Solici-
tor I~intzing'er be approved and the
City Auditm• be instructed to draw
a warrant iu the amount of $1,94S.3fi
in favor of Czizek 8- Czizek, at~
torueys for Florence Lemper as set
tlement ill full of her claim and
that said warrant be delivered up
au receipt by the City of Dubuque
of a properly executed release and
also that the City Auditor be in-
structed to draw a warrant in favor
of the Clerk of the District Court
to corer the amount of Court costs.
Seconded by Councihuan j"an Duel
man. Carried by the tollowing' vote:
Teas-.l-Iayor Wharton, Council-
men llofYatt. Murphy. d'au Duel-
man.
Nays-None.
Absent-Councilman Thompson.
October 11, 19tG.
Hmlorable llaym• and
City Council,
City oY Dubnyue. Iowa.
Geutlemeu: Ll re: Petition oP
3lrs. Jennie Haggerty for suspen-
sion of taxes on: Davis Farm Addi-
tion 259, aslting~ that the 1945 tar
be suspeuled because of age.
I recouunend that said petition
be approved by the City Council
of the City of Dubuque and that
notificatiml of such approval be giv-
en to the Board of Supervisors o1'
Dubuque County, Iowa.
Tours truly.
JOHN J, liINTZ[NGER.
City Solicitm~.
Councihuan Can Duelman morel
that the recommendation of City
Solicitor Pintziuger be approved
and the Board of Supervisors to be
uotifiel of the action of the Citc
Council, Seconded by Councihuan
lIm•phy. Carried by the following
vote:
Peas-Maym• 1~'harton. Council-
men lfoffatt ilIurphy, 1'an Duel-
man.
Naye-None.
Absent-Councilman 171ampson.
October 22, 1916.
To the Honorable Mayor and
City Canncil, Dubuque, Iowa.
Gentlemen: Referring to attached
petition of MT. Herman Wirzbach et
al., the Plauuing and Zoning Cout-
missiou respectfitlly reconuueuds
vacation of the alley adjoining the
west boundary of Lots Gi, 63 and 69
in Burleu & Lowther Adlition only
at an agreed price. The alley ad-
joiuing~ Lots 70, 71, 72 and 73 re-
Special Session, October 2$th, 1)-16 ~`'1
quested vacated is another alley en-
tirely -that directly back of the
properties ou the east side of Bur-
den :tcenue-and should not be
vacated. Attached plat short's Part
of the petitiml to which approval
should be limited.
Tours truly.
THE DUBUQUE PLANNING
AND ZONING COIIIIISSION.
Br Richard V. lIclia~~.
Secretary.
Councilman llnrphy moved that
the recommendation of the Plan-
ning and Zoning Conuuissioll be re-
ferred to the City Solicitor for Pro-
per action. Secmrled by Council-
man Moffatt, Carried by the follow-
ing vote:
ens-lIati'or 1Z'harton. Councih
menllofPatt, lIurphy. Can lluel
ulau.
Nays-None.
Absent-Comtcilman Thmllpsou.
October 22, 1946.
To the Honorable Mayor and
t'ity Council, Dubuque, Iowa.
Gentlemen: After reviewing the
subject matter oY attached petition
oY Charles R. Johanuingnleier, the
Plamliny and Zoning Commission
respectfully reconuueuds that the
Local Business District at Cenhat
Avenue and 32nd Street i)e ex-
tended um'thward to include the
area bounded by Central Avenue.
32nd Street. Jackson Street and the
north city limits line between Cen-
tral Avenue and Jackson Street as
shorvu on attached plat.
Tours truly,
THE DUBUQUE PLANNING
AND ZONING COIIIIISSION.
By Richard C. i1Icf{a}-.
Secretary.
Councihuan Can Duelman moved
shat the reconunelulatiou oY the
Planning and Zmiiug Comnlissiml
be approved and referred to the
City Solicitor to prepare proceed-
ings. Seconded by Councilman llur
phi'. Carried by the following vote:
Teas-lla3'ot' Wharton, Couueil-
men li'Ioffatt, lIurphy, 1~an Duel-
man.
Nays-'-None.
Absent-Councihuan Thompsml.
October 24, 1946.
To the Honm•able lIayor and
City Council, Dubuque, Iowa.
Geutlemeu: Herewith submitted
for yow' consideration is proposed
Stetmore Street Sublivisiml which
has been approved by the Plau
vin; and Zouiug Conunissiml.
Tours truly,
THE DUBUQUE PLANNING
AND ZONING COMMISSION.
By Richard V. 1VIcI~ay,
Secretary.
Councilman Vau Duelman ntorred
that the communication of the Plan-
uiug and Zmtiug Couunission be re
ferreli to the Council to view the
grounds. Seconded by Councihuan
lhu'l)hy• Carried by the fallowing
vote:
Teas-11layor j~'harton, Council-
men 1[ofFatt. Murphy, ban Duel-
mau.
Nab s-Noce.
Absent-Councilulalt Thompson.
October 15. 1946.
To the Honorable -Iayor and
City Council. Dubuque. Iowa.
Geutlemeu: jdrith reference to
petition oY the Varner lltell Drilling
Co., Ina., requesting'vacatiou of cer-
tain alleys adjoining their propertc
on East 4th Street, the Planning
and Zoning Canuuission respectful
ly reconuueuds the grouting of the
petition Tor such consideration as
your hoaorahle holy may lecide
lipoll.
Yours truly,
THE DliBUQUE PLANNING
AND ZONING COIIIIISSION.
By Richard jr. IIcI~ay.
Secretary.
Cowlcilmm~ 't'an Duelman mooed
that the recommendation of the
Planning and Zoning Conmtissian
be referred to the Council to view
the grounds. Seconded by Council-
man D~Iurphy. Carried by the follow-
ing rrote:
Teas-lIayor Wharton, Council-
men Moffatt, 14urphy. Can Duel-
lllall.
Nays-None.
Absent-Councilman Thompson.
October li, 194G.
To the Honorable lIayor and
City Council, Dubuque, Iowa.
Gentlemen: The petition of Char
lotte lI. Offerman was studied by
the Plauuing' and Zoning Counuis
siou and as the action requested ap~
pears to be needed to clear certain
property title the Planning and Zou
ing Commission respectfully reconr
334
33-} Special Session, October 28th, 19~tj Special Session, October 28th, 19-}6
Cmumuuicatiou of the Parkiug
Committee sttbmittiug inclosed re-
port and recommendation of the
study made in regard to the parh-
ing~ situation iu the City of Du-
buque, presented and read.
Councilman Moffatt moved that
the connuunication and report of
the Parking' Committee be referred
to the Council and that the Parking
Committee be extended an invita-
tion to meet with the City Council
at 3:00 P. 1'I. ou Illmtday, November
4tb, 194G, to study the repro't of the
Parl.ing Committee and also that a
vote of thanks be extended to the
members of the Parkiug Committee
fm' services rendered iu the study
and report made in reg'artl to the
Parking situation in the City of Du-
buque. Seconded by Couucilmarr
tau Duelmau. Carried by the fol-
lowing vote:
Teas-II~Iayor ZVharton, Council-
men llotfatt, Murphy, Van Dnel~
man,
Nays-None.
Absent-Councilman Thompson.
Councilman Murphy moved that
the City Solicitor be instructed to
prepare a proper ordinance cover-
ing the zoning of property surrouud-
iug the New lllunicipal Airport,
Seconded by Councihnau Moffatt.
L'arried by the following vote:
Teas-1l~Iaym- Whartmt, ConnciL-
meu -Ioffatt, 1bIurphy. Van Duel-
mau.
Nays-None.
Absent-Councilman Thompson.
Councilman Moffatt moved that
the City 11~Iauager be instructed to
prepare au application for Federal
Grant for the construction of sew-
ers, water supply, landscaping and
entrance driveways at the New iVIu-
uicipal Airpm't. Seconded by Couu-
cilman illurphy. Carried by the fol-
lowing vote:
leas-Mayor tiVharton, Council-
men Moffatt, Mtu'php, Van Duel-
ntan.
Nave-None.
Absent-Cottncilmau Thompson.
October 11, 1946.
To the Honorable 117aym• and
City Council, Dubuque, Iowa.
Gentlemen: Pursuant to ,your in-
structions sealed bids were re-
ceived until 10:00 A. l~L. October
11th. 1946, far the conshvction of a
concrete sidewallf along the north-
east side of Central Avenue abut-
ting Lot 234 of Davis Farm Add.
One bid, that of the D. C. iViay
Construction Co., was received for
a sidewalk at 39c per sgttare foot.
or a total of $117.00. I recommend
that the contract he awarded Co the
D. C. I4Iay Construction Co. at the
price bid.
Respectfully submitted,
A, A, RHO-IBERG,
City Mauag~er.
Councilman Murphy moved that
the reemumendaticn of City Man-
ager Rhamberg~ be approved. Sec-
muled by Councilman 1loffatt. Car-
ried by the folioa°iug vote:
Yeas-Mayor 1Vharton. Council-
men -Ioffatt, 11Iurphy, Van Duel-
mau.
Naps--None.
Absent-Councilman Thompson.
Resolution No. 153-46
(A1~rARDING CONTRACT).
T~Vhereas, proposals have been
submitted by contractors for the
construction of a permanent sitle-
walh adjoining and abutting the
~t'est side of the ZVest 170 feet of
Lot 234, Davis Farm Addition, ptu•-
suant to Resolution No. 130-4G.
and D. C. flay Construction Co.,
contractor, has submitted the low-
est bid for the furnishing of all la-
bor and materials and performing
the work as provided for in the
plans and specifications; non-,
therefore,
Be It Resolved by the City Coun-
cil of the City of Dtthuque tlat the
contract far tle above mentioned
improvement be awarded to D, C.
May Construction Co., and the IDian-
ager be and he is hereby directed
to execute a contract on behalf of
the City of Dubuque for the com-
plete performance of said wont.
Be It Further Resolved that this
resolution being deemed urgent and
of immediate necessity become ef-
fective from and after its passage
and adoption by the City Council.
Approved and placed on file for
one week on October 28th, 1946.
Councihnau Vau Duelmau moved
that the resolution be approved and
placed ou file for oue week. Sea
onded by Councilman Moffatt. Car-
ried by the following vote:
Yeas-Mayor Wharton, Council
men Moffatt, Murphy, Vau Dttel-
man.
Nays-\'oue.
Absent-Councilman Thompson.
There being na further business,
Councilman Van Duelmau moved to
adjourn, Seconded by Cotutcilmau
Moffatt Carried by the Following
vote:
Yeas-Mayor «thartmt, Council-
men Moffatt, Murphy, Vau Dttel•
man.
Nays-Moue,
Absent-Councihnau Thompson.
J. J, Shea.
City Clcrh.
Approved __.......__.__....__._1941.
Adopted 1947.
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