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1947 October Council ProceedingsRegular Session, October 6th, 1947 287 ii °~ . ~ ~I ~~, ~ ~ ~~~ LI~J f~i !~ Official) Regular Session, October 6th, 194'1, Council met at 7:30 p.m. Present-Mayor Murphy, Council- men Moffatt, Thompson, Van Due1• man, Wharton. City Manager Rhom- berg. May>ot• Murphy stated that this is the regular monthly meeting of the City Council for the purpose of acting upon such business as may properly come before the meeting. Councilman Wharton moved that the rules be suspended for the pur- pose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Moffatt. Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-Novo. Mr. Del Lynn addressed the Council again renewing his appli- cation forpermissi~on to operate at the Island Airport and pointing out to Council that the present set-up of operation at the Island Airport gives the present operator Mr. Mc- Andrews astrict monopoly. Attor- ney Herbert Hoffmann addressed the Council in support of the appli- cation of Mr. Del Lynn for permis- sion to operate at the Island Air- port and that Council u r g e aviation in Dubuque ,as much gas possible and to encourage men who are interested in developing an air consciousness. Mr, Murphy, :a member oP the Tri-State Flying Club addressed the Council stating that he was interested iu promot• ing aviation in Dubuque and that he did iiot think it practical to have more than one operabor at the Is- land Airport. Mr, Harty Chambers addressed the Council stating that he lad been flying from tho Island airport for a number of years and commended Mr. McAndrews for his maintenance and management ser- vices at the Island Airport and stated that he did not believe tit~ere were adequate facilities for com- petitive operation at the Island Airport. Councilman Thompson moved that City Manager Rhomberg be instructed to negotiate new con- tracts Por operation at the Island Airport with any .and all operators wlzo care to operate and that said new contracts are to be subject to cancellation ~at the discretion of the City Council. Seconded by Council- man Vau Duelman. Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Iv'ays-None. UNITED STATES GUARANTEE COMPANY 90 John Street, New York October 2, 1947 City Council, City of Dubuque Dubuque, Iowa Gentlemen: Re: Bond No. 1533085 Mancini and Ventrella to City of Dubuque, Iowa It is our understanding that our Principal has petitioned the City of Dubuque for an extension of time to December 31, 1947 under the contracC covered by the above bond. It is also our understanding that they were delayed by bad weather and other factors of which they had no control. Please consider this letter as con- sent of the ITiiited States Guaran- tee Company for the extension of time to December 31, 1947. Very truly yours, STUART J, VOR BROKER, Attorney-in-Fact Councilman Wharton moved that the conununication be received and made a matter of record. Seconded l.~y Gouncihnan Nleffatt. Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. IOWA IMPROVEMENT COMPANY Bubuque, Iowa October 3, 1947 City of Dubuque, Att.: Mr. Rhomberg Dear Sir: As par our conversa• tiou yesterday I am enclosing let• ter from Sumner Sollitt Company which is self explanatory. Yours truly, IOWA IMPROVEMENT COMPANY By: G. Von McLane 288 Regular Session, October 6th, 1947 Regular Session, Qctober 6th; 1947 2S9 Councilman Wharton moved that the communisation be received and made a matter of record and re- ferred to the City Council, City Manager and City Solicitor for con- sideration. Seconded by Councilman Dlofl'att. Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton, Nays-None. SUMNER S, SOLLITT & COMPANY Dubuque, Iowa, October 3, 1947 Iowa Improvement Co, Dubuque, Iowa Attn: C. Von McLane Re: Sewage Lift Station Gentlemen: As per your request we submit you the following in- formation regarding coat of sewage lift station and force mains in the Hillcrest Subdivision. Sewers, manholes & force mains ................. .......................................$51,138.32 Lift Station .............................................................................................. 10,406.31 Total ............ ..................................................._ ...,.........,...........$61,538.63 Labor cost on alwve ..............$8,533.00 Lia. Ins. & Soc, Sec.........,,[ 8% 682.64 682.64 $62,22127. Overhead 2% ......... _ 1,244.43 $63,465.70 Proportionate amount of S. S. S. fee .................................................. 2,301.34 Total Cost of Sewage System ..................... .......................................$65,767.04 SUMNER S. SOLLITT & CO. By: Myron G. Olson Gomlcihnan Wharton moved that the connnunication be received and made a matter of recm~d and referred to the City Council, City Manager and City Solicitor for consideration, Seconded by Councilman Moffatt. Carried by the following vote: Yeas-Mayor Murphy, Coumcihuen Moffatt, Thompson, Van Duehuan, Wharton. Nays-None. Communication of Fay Miller sub- mitting offer in the amount of 23 cents per square foot fol~ the pur- cllase of the South 20 feet of the North 54.5 ~of Lots 1 and 3 of Block D, Industrial Subdivision ~in the City of Dubuque, presented and read. Councihuan Wharton moved that the communication be referred to ills Council to view the grounds. Seconded by Councilman Moffatt. Carried by the following vote: Yeas-Maym~ Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton, Nays-None. Petition of Horace L, Poole et ~al requesting that Esther Street, Tres- sa Street a11d MvLennan Street be brought to •established grade a11d that curbs be installed and that said streets be covered with au oil dust-free surfacing, presented and read. Councilman Wharton moved that the petition be referred to the Council to view the grounds Sec- onded by Councilman Moffatt. Car- ried by the following vote; Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Due1- mau, Wharton. Nays-None. Petition of A. W, Taylor request- ing permission to erect and main- tain atent on the empty lot owned by Di°ew Anthony and located on the east side between Fourteenth and Fifteenth Streets on Central livenme, for the pur~ase oY storing a.nd selling Christmas trees during the Christmas holidays, presented and read. Councilman Vau Duelman moved that the request be granted and the erection of said tent to be under supervision of the Chief of the Fire Department. Seconded by Gouucil- man Moffatt. Carried by the follow- ing vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Vau Duel- man, Wharton. Nays-None Petition of John L, and Robert E. Cahill requesting a refund in the amount of $75.00 on their Cigarette Permit No. 54 as they have discon- tinued business on September 30, 1947, presented and read. Councilman Moffatt moved that the request be granted and the City Auditor instructed to draw a war- rant in the amount of $75.00 in favor of Jahn L, and Robert E. Cahill to cover the amount of Pe- fuud granted on the unexpired portion of their Cigarette Permit No. 54 Seconded by Councilman Van Duelman. Carried by the fol- lowing vote: Yeas-Mayor Murphy, Couneil- m•en Moffatt, Thompson, Vaal Duel- man, Wharton, Nays-None. Petition of Katie A. Miller, re- ferred to the City Council by the Board of Supervisors, requesting suspension of the 1946 tax~on Lots 9 and 10 of Jolmston's Subdivision, presented and read. Councilman Van Duelman moved that the petition be referred to the City Solicitor fm° investigation and report. Seconded by Councilman Moffatt. Carried by the following vote: Yeas-Mayor 1lfurphy, Council- men Moffatt, Thompson, Van Duel- m~an, Wharton. Nays-None Petition of Gus Schubert request- ing the extension of the sanitary sewer past his property, as the sewer is only one lot away, pre- sented and read. Councilman Wharton moved that the petition be referred to the City Manager to confer with Mr. Schu- bert fm~ the purpose of working out a suitable arrangement, Seconded by Councilman Moffatt. Carried by the following vote: ~'eas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton, - Nays-None. Commmnication of Thomas J. Mulgrew Co. stating that the Thom- as J. -lulgrew Co. appreciate high- ly the fine ccoperatioil shotived by the City Council ll the matter of vacating a part of Camp Street to them and advising that the same has been coinplataly fillod to trvo feet over any high water ever ex• perienoed at Dubuque thereby elim• inating a mosquito breeding water hole. Councilman Wharton moved that the connnunication be received and filled. Seconded by Councilman Thompson. Carried by the follow- iilg• vote: Yeas-Mayor Murphy, Counci- men Moffatt, Thompson, Van Duel- man, Wharton, Nays-None. Dubuque, Iowa October 3, 1947 Mr. A, A. Rhomberg, City Manager, City Hall Dubuque, Iowa Re: Ordinance for I. C. Track to serve property of Marmis & Solo- llloll, Dear NIr Rhomberg: In order that the City Council may have further information with reference to the use proposed to be made of the property to be served lly this proposed railroad track, we submit the following information on behalf of our client Marmis & Solomon. This property will be fenced in but will be without any roof, It is the plan of Marmis & Solomon to ~cse this property for the storage of structural steel. It ~is mot planned to use this propel°ty for junk yard purposes but to be used exclusive- ly for the storage and handling of structural steel. In the future it is very likely that a warehouse build- ing will be constructed on this prop- erty. However, no definite time has been set for the doing of this work. It is the plan of Marmis & Solo- mon to locate the metal baling plant on property owned by them south of the location to be served by the new track and will be used in connection with the present junk business now being conducted by Marmis & Solomon. ~~, As you know, this area is zoned as au industrial district and the use of the property to be served by the track for' structural steel pur- poses will not be in violation of the zoning ordluance. We trust this information will be helpful to the Council in reaching 290 P~egular Session, October 6th, 1947 a: favorable conclusion with refer- ence to the proposed Illinois Cen- tral spur track, Very, truly yours, O'CONNOR, THOMAS & O'CON- NOR By, E Marshall Thomas Councilman Wharton moved that the communication be received and made a matter of record. Seeonded by Councilman Moffatt. Carried by the following vote: Yeas-Mayor Murphy, Cotineil- men Moffatt, Thompson, Van Duel• nran, Wharton. Nays-None. Ordinance No. 27.47 An Ordinance granting to the Illinois Central Railroad Company, its successors and assigns, right to construct and maintain a sidetrack from its tracks in Salina Street north of Charter Street thence in a northeasterly direction in Salina Street and into the premises de- scribed as Lot 12 and the north 40 feet ~of Lot il, all in Block 13, in Dubuque Harbor Company's Addi- tion in the City of Dubuque, Iowa, a:nd providing the terms and condi• dons thereof, said ord~inanee having been passed upon first reading on September 22nd, 1947, and ordered placed on file with the City Clerk for public inspection for at least one week before its final adoption, was presented for final adoption. Ordinance Na 27.47 An Ordinance ;ranting to the Illinois Central Railroad Company, its successors and assigais, right to construct and maintain a sidetrack h•om its tracks in Salina Street north ~of Charter Street thence in a northeasterly direction iu Salina Street and into the premises de- scribed as Lot 12 and the north 40 Yeet of Lot 11, all in Block 13, in Dubuque Harbor Company's Addi- tion in the City of Dubuque, Iowa, and providing the terms and condi• ti~ons thereof. Be It Ordained by tae City Coun- cil of the City of Dubuque; Sec. 1. That permission be, and the same is, hereby granted to the Illinois Central Railroad Company;~_ its successors and assigns, to lay down, operate and maintain a spur track from its tracks in Salina Street commencing at a point north oY Charter Street thence northea~st- easterly about 400 feet and into the premises described as Lot 12 and the north 40 feet of Lot 11, all in Block 13, in Dubuque Harbor Com- pany's Addition in the City of Du- buque, Iowa, in accordance wftlt the plans now on file in the office of the City Clerk, Sec. 2. That in the laying down and the operation of said track, the same shall be so constructed and maintained as to create the least possible obstruction of the ordin- ary travel and use of the street on and aver which said track is laid; that cars shall not be allowed to stand ou the track in said streets and that the soma shall be kept free for travel at all times except when it may be necessary for cars to be switched across the same, Sec. 3. That said tracks hereby authorized shall be laid to the es- tablished grade of Salina Street and should the grade of said Street be changed any time, the said track shall be so changed as to conform to such changed grade .at the ex- pense of the ra-ilroad company, and the company shall have no claim Yor damages against the City by reason thereof. Sec. 4. That the said railroad company shall, at all times, keep the space between the rails of said track and the :;pace to the end of the ties on each side oY said track so graded that automobiles or other vehicles may easily cross aver and use all of said space, and that when required by the City Council, said railroad company shall plank between the rails and make suitable approaches as re- quired by the Council bo enable vehicles to easily cross over the same. Seca 5. Said track shall be so constructed and maintained ~as not to dam up or obstruct the flow of water in said street and the said railroad company shall at its awn expense construct such drainage structnres~as may lie necessary to prevent the damming np or obstruc- tion of flowage of the water in said stl•eet. Sec. 6. It is further expressly stipulated and provided that all railroad companies lrow operating tracks in the City shall be entitled at any time to have their oars transferred over said tracks, and all intermediate tracks of said Regular Session, October 6th, 1947 291 company, its successors and as- signs, which may be necessary to be used in order to connect with the track hereby authorized upon the payment of such switching charges which may be uniformly applied within this City and ac- cepted as reasonable between rail- road companies operating within the City. Sec. 7. This Ordinance being deemed urgent and of immediate necessity, shall become effective upon its passage, adoption and ap- proval by the City Council and publication ~~as provided by law and the rights herein granted shall ac- crue to said railroad company when this Ordinance has been accepted by said railroad company, which acceptance shall be endorsed here• on, and when the costs sad expense of publishing same have seen paid by said railroad company and when the injuries and damage to prop- erty abutiing upon said streets have been ascertainad and com- pensated for, or in lieu thereof, when the record owners of such property and record holders of liens and encumbrances thereon have filed with this Council their consent to the construction and operation of such truck and waivers and releases of any dam~ag~es which may be sustained by them on ac- count of the construction and op- eration of the same. Passed upon first reading this 22nd day of September, 1947. Passed, adopted and approved on final reading this 6th dray of October, 1947. GEO. R. AfURPHY, Mayor PRANK VAN DUELMAN, F. W. TH0IVIPSON, ALBERT WHARTON, W W. MOPFATT, Members of City Council Attest: J. J. SHEA, Gity Clerk Couucihnan Moffatt moved the adoption of the ordinance. Second- ed by Comicihnan Van Buelman. Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. ACCEPTANCE BY ILLINOIS CENTRAL RAILROAD COMPANY Illinois Central Railroad Company does hereby accept all the terms, provisions and conditions of the Ordinance adopted by the City Council, Dubuque, Iowa, entitled: "Au Ordinance granting to the Illinois Central Railroad Cmn- pany, its successors and assigns, right to construct .and maintain a sidetrack from its tracks in Salina Street north of Charter Street thence in a northeasterly direction in Salina. Street and into the premises described as Lot 12 and the north 40 feet of Lot 11, all in Block 13, in Du- buque Harbor Company's Addi- tion in the City of Dubuque, Iowa, and providing the terms and conditions thereof;" being Ordinance No. 27.47 and that said railroad company does hereby agree to comply with all the terms and conditions ~of said Ordinance. ILLINOIS CENTRAL RAILROAD COiVLPANY By This Ordinance, Ordinance No. 27-47 was not officially published ou account of the provisions of Sec. 7 not being complied with, if and when the provisions of See. 7 of this ordinance is complied with then the ordinance will be publish- ed officially. J. J, SHEA, City Clerk October 6, 1947 To the Honorable Mayor and City Council; Dubuque, Iowa Gentlemen: With reference to the attached petition, of C. J. MacIner- ney, the Planning and Zoning Com- mission respectively recommends the extension.of the present Light Industrial District on the easterly side of Southern Avenue southerly to include the following area: h'rom the present Light Industrial Dis- trict in Lot 3 Randalls Sub No. 2 to the present Local Business Dis- trict in Lot 1 of 4 of Mineral Lot 37, and between Southern Ave, and the Dubuque Cascade Road. Yours truly, THE DUBUQUE PLANNING AND ?ONING COIVITdISSION, By Richard V. McKay, Secy. 292 Regular Session, October 6th, 1947 Councilman Thompson moved that the reconunendation of the Planning and Zoning Commission be approved and the City Solicitor instructed to prepare proper pro- ceedings. Seconded by Councilman Van Duelman. Carried by the fol- iawing vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel• man, Wharton. Nays-None (AWARDING CONTRACT) Resolution No. 140.47 Whereas, proposals have been submitted by contractors far the widening and paving oY Audubon Street ftbm the north property line of Loras Boulevard to the north property line of Dexter Street pur- sua.ntto Resolutlon No, 122.47 and Thos. Flynn Coai Go. contractor, has submitted the lowest bid for the furnishing of all labor and ma- terials and performing the work as provided for m the plans and specifications; now therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that the contract far the above mentioned improvement be awarded to Thos. Flynn Coal Co. and the Manager be and he is hereby directed to exe- cute acontract on behalf of the City of Dubuque for the complete perfm~mance of said work. Be It Further Resolved that this resolution being deemed urgent and of innuediate necessity become ef- fective from and after its passage and adoption by the City Council. Approved and placed on file for one week on September 29th, 1947. Passed and adapted this 6th day of October, 1947. GEO. R. MURPHY, Mayor FRANK VAN DUELMAN, F, W. THOMPSON, ALBERT WHARTON, W. W. N1OFFATT, Councilmen Attest: J. J SHEA, City Clerk Councilman Wharton moved the adoption of the resolution. Second- ed by Councilman Moffatt, Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. Resolution No. 145.47 Whereas, applications For Beer Permits have been submitted to this Council for approval and the same have been examined: Now, Therefore, Be It Resolved by the Couneil of the City of Dubuque that the follow- ing applications be granted and the licenses are to be issued upon the compliance with the terms of the ordinances of this City. CLASS"B" PERMIT Name Address Joseph AKra-mer and Louis P. O'Connor, 55 East 7th Street. John M. Baumgartner and John J. Baumgartner, 1643 Centt~l Avenue. Mrs. Florence Helmer, 3203 Jack- son Street. John Grutz an 1 Clara Grutz, 2991 Central Avenue. Joseph L Wingert, 678 Central Avenue, Philiip M~ihalakis, 798 East 10th Street, Eugene McCann, 802 Iowa Street, Clarence J. Bowen and Robert L. Hanson, 1590 Elm Street, CLASS "B" PERMIT FOR PRIVATE CLUB Unimi League Club, 400 Iowa Street. Hawkeye Club of Dubuque, Iowa, 1348 Central Avenue, CLASS "C" PERMIT Jasper Leo Puccio and Catherine Lynch, 2850 Burlington Street. Merlin ApeI; 1195 Dodge Street. Joseph J. Siege, Jr. and Ferdin- and W. Kenniker, 2401 Windsor. Avenue. The Great Atlantic and Pacific Tea Co., 13th and Iowa Streets Passed, adopted and approved this 6th day of October, 1947. GEO. R. MURPHY, ::Mayor. FRANK VAN DUELMAN, F. W. THOIlIPSON, ALBERT WHARTON, W. W. MOFFATT, Councihuan. Attest: J. J. SHEA, City Clerk, Councilman Van Dttelman moved the adoption of the resolution. Sec- onded by Couucihuan Wharton. Carried by the follotviag vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. Regular Session, October bth, 1947 293 Resolution No. 146-47 Whereas, heretofore applications for Beer Permits we;°e filed by the within named applicants and they have received the approval of this Council; and Whereas, the premises to be oc- cupied by such applicants have been inspected and found to comply with the m~dinauces of this City and they have filed a proper bond; Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the Man- ager be and he is hereby directed to issue to the following named ap- plieants aBeer Permit: CLASS "B" PERMIT. Name. Address. Joseph A. Kramer and Louis P. O'Connor, b6 East 7th Street. John M, Baumgartner and ,John J, Baumgartner, 1543 Central Avenue. Mrs. Florence Helmer, 3203 Jack- son Street. John Grutz and Clara Grutz, 2991 Central Avenue, Joseph L. Wingert, 678 Central Avenue. Phillip Mihalakis, 798 East 16th Street. Eugene P, McCann, S02 Iowa Street. Clarence J. Bowen and Robert L. Hanson, 1590 Elm Street. CLASS "B" PERMIT FOR PRIVATE CLUB D,A.V. Club of Dubuque, Inc., 951t/z Main Street. Union League Club, 400 Iowa Street. Hawkeye Cluh of Dubuque, Iowa, 1348 Central Avenue. CLASS "C" PERMIT. Jasper Leo Puccio and Catharine Lynch, 2860 Burlington Street, Merlin Apel, 1195 Dodge Street. Joseph J. Siege, Jr., and Ferdiu- and W. Kenniker, 2401 Windsor Avenue. The Great Atlantic t~ PaciRc Tea Co., 13th and Iowa Streets. Be It Further Resolved that the bonds filed by such u,pplicants be and the same are hereby approved. Passed, adopted and approved this 6th day of October, 1947. GEO. R. MURPHY, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, ALBERT WHARTON, W. W. MOFFATT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Couucilni+ui Wharton. Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. There being no further business, Councilman Van Duettrian moved to adjom~n, Seconded liy Councilman. Wharton. Carried by the following vote: Yeas -Mayor Murphy, Coun~il- men Moffatt, Thompson, Van Duei- mau, Wharton. Nays-None. J. J. SHEA, City Clerk. Approved ....................._....,,.....1943. Adopted ....................................1948. I I ............:......... ..... Councilmen ~ ... ........... ............... Attest : .:........... .............................. City Clerk. ..~, - _ a 294 Special Session, October 13th, 1947 Special Session, October 13th, 1947 295 I 1 ®~ ~i, ~', ~ c!i.~~II~ I7~~! LI (Official) Special Session, October 13th, 1947, Council ntet at 7:30 P. M. Present-Mayor Mut•phy, Council- men Moffatt, Thompson, Van Duel- man, Wharton, City Manager Rhom- berg. Meeting called by order of Coun- cihnen Thompson and Van Duel- man. Mayor Murphy read the call and stated that service thereof had been duly made and that this meeting is called far the purpose of conducting a public hearing upon the proposed plans, specifications, fm~m of con- tract, cost of improvement and reso- lution of necessity for the construo- tion of the Vernon and Edina Streets sanitary sewer and acting ou any other business as may pro- perly come before a regular meet- ing of the City Council. Proof of publication, certified to by the publishers, of notice of pend- ency of resolution of necessity a.nd hearing upon proposed plans and specifications, form of contract and cost of improvement for the con- structimi of an eight (8) inch vit- rified the sanitary sewer for Vernon and Edina Streets begutnfng~at the existing manhole located in mineral lot No. 176 and running southerly across mineral lot No, 176 and lot No, 72 of Voelker Highlands to the center of Edina Street, (M. H. No. 1), thence southerly across lots 1 and 2 of lot 73 of Voelker Highlands and lot 1 of Mount Pleasant Addi- tion to the center of Vernon Street, thence nm•th easterly along the cen- ter line of Vernon Street to a point 225 feet west of the west property line of Alta Vista Street; also from manhole No. 1 northeasterly along the center line of Edina Street to a point 225 feet west of the west prop- erty live of Alta Vista Street, pre- sented and read. who are subject to assessment for the payment of the cost of the con- struction of the Vernon and Edina Strets sanitary sewer and that said waivers be then submitted to the City Council for consideration, Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas-Mayor Murphy, Council• men Moffatt, Thompson, Van Duel• man, Wharton. Nays-None. Councilman Moffatt moved that tho rules be swspendad for the pur• pose of allowing any one present in the Council Chamber, who wishes to do so, to address the Councfl. Sec- onded by Councilman Wharton. Car- ried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton, Yeas-Mayor Murphy, Cottncil- meu Moffatt, Thompsot, Van Duel- man, Wharton. Nays-None. Proof of publication, certified to by the publisher, of notice of a pub• lic hearing on the plans, specifica- tions, form of contract and cost of improvement for the construction of an (8) inch vitrified the sanitary sewer for Vernon and F.dina Streets beginning at the existing mauiiole located iu mineral lot No. 176 and running southerly across mineral lot No, 176 and lot No. 72 of Voel- ker Highlands totheeenter of Ed- ina Street, (M. H. No. 1), thence southerly across lots 1 and 2 of lot 73 of Voellcer Highlands and lol. 1 of Mount Pleasant Addition to the center of Vernon Street, thence north easterly along the center line of Vernon Street to a point 225 feet west of the west property line of Alta Vista Street; also from man- hole No. 1 northeasterly along the center line of Edina Street to a point 22a feet west of the west property line of Alta Vista Street. Estimated-cost $G,154.45, presented and read, Councilman Van Duelman moved that the proof of publication be re- ceived and filed. Seconded by Coun- cilman Moffatt. Carried by the fol- lowing vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton, Nays-None. Councilman Van Duelman moved that the proof of publicatiotr be re- ceived and filed. Seconded by Coun- cilman Thmnpson, Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None, Mr. Peter Hamsmith et al ad- dressed the Counci] objecting to the cost of the construction of the sani- tary sewer in Vernon Street and stating that iP Vernon Street be filled and raised to a height to al- low the Vernon Street sewer, vow being proposed, to enter the sani- tary sewer at the Clen Oak Street intersection, thus eliminating some of the cost of construction of the Vernon and Edina Streets sanitary sewer. Mr. Vorwald addressed the Council asking that a part of the cost of construction of the~~sattitary sewer in Edina Street be borne by the City on account of the extra length of run necessary to connect with the City sewer in Glen Oak°' Street. Councilman Wharton moved that the City Manager and City Engineer be instructed to make an attempt to secure waivers on all assess- ments from the property owners Nays-None, Proof of publication, certified to oy the publishers, of notice of a. public hearing on the plans and specifications, form of contract and cast of improvement for the con- structing, $u•nishing, delivering and testing of gasoline or diesel gener- ating units complete for the exfst- ing Eagle Point Pumping Station, estimated cost $36,000.00, presented and read. Councilman Moffatt moved that the proof of publication be received and filed. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote: Yeas-Maym• Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. Proof of publication, certified to by the Publisher, of notice to gaso- line and diesel engine manufactur- ers of the receipt of bids for the cmtstructing, furnishing, delivering and testing of gasoline or diesel- driven power generating units fm• the existing Eagle Point Pumping Station, presented and read. Councilman Thompson move d that the proof of publication be re- ceived and flied. Seconded by Coun- cihnan Wharton. Carried by the fol- lowing vote: October 13, 19.17. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your in- structions sealed bide were received until 10 A. M., OctoUer 13, 1947, for stand-by electric generating equip- ment for the Eagle Paint Water Works. Herewith submitted is a tabula- tion of the bids received which are submitted for the consideration of the Council. Respectfully submitted, A. A. RHOMBERG, City Manager. _. _ _.. _ __ .__ _ 296 Special Session, October 13th, 1947 _ ____..: _:: ~::I Special Session, October 13th, 1947 297 I o y ~ ° ° ~ M r o ~ p ~ October 13, 1947 ~ Councilman Van Duelman moved a a z ~? 6 at "c' ~' ° To the Honorable Mayor and that the communication be referred c ° "z ~a ~ ~ y ~ ~ ~ b ~ City Council, Dubuque, Ipwa to the Council to view the grounds. ~ ? ~ ' z ~ ~ ~ ~ W r ~ Gentlemen: Pursuant to your in- Seconded by Councilman Thomp- m ~.: . ~ ; ~ ~ a ~ n structions sealed bids were receiv- sou, Caried by the following vote: o ;; y ° o ~ ;~ ° ~ ed unti110:00 a.m. October 13, 1947, Yeas-Mayor Murphy, Council- : ~ : ~ ~: da ~ ~ ; ~; ~ ~ ~ far the furnishing of one 1,000 men Moffatt, Thompson, Vas Duel- ~ ~ : Q 4 ~ ~ o ~ G.P.M, pumping engine. nran, Wharton. -. ~ ` ~ The bids received ors hereto at- Nays-None. ° ° ~ ~ x ~ ~ d ' ~ ~ ~ d lathed and submitted for the con- Communication of Clewell & ~ ~ ~ ~ ~ sidaration of the Council. Briefly Cooney, By Robt. Clewell submit- o ~ ~ ~ summarized the type of apparatus , ting Consent and Waiver of the Du ", ,; ~ m ` ~ ~ - ~ bid upon and the prices are as fol- - buque Packing Company and also ? i~ `,~, v s ~~ ~ ~ lows; a France American-L - .............$14,000 Sheriff's Receipt in the matter of ', . ~~; ~ ~ BLiffal0 ......... .. .. .......... 14 035 the assessment of damages for con- `'~ i m ~' ` ° ° ° ° o o o Delivery Days , Four Wheel Drive .................. 15,14fi struction, main±enauce and opera- ll4ack 12,869 iion of ~a railroad track in ~a portion " y a ~ ~~ ~ -~ ~ ,~ ~ ~ c e e Seagrove 13,500 ~of Lynn Street between eighteenth m ~~ ~ ~ ; m ~ ~ ~+ Total Fo, of ° Cylinders War«-La-France ...,... .. 13 268 and Nineteenth Street in Dubuque, ~ ° , Respectfully submitted Iowa, by the Chicago, Milwaukee, ~. ~, ° ,~ ` w , A. A, RHOMBERG, St, Paul and Pacific Railroad Coth• - t ° ~ N ~ ~ ~' Total ~ ~ ° o Ed ine B H P City Manager Pony, presented and read. g . . . Councilman Vam Duelman moved Councilman Wharton moved that that the commmuication and also the communication of City Manager the Sheriff's Receipt and also the ~~ " ° `~ "' ' ~ ~ `~ ": " Total 13 W ° Rhomberg, together with the bids Consent and Waiver of the Dubuque '' oo oc~~ co . . 00 00 Retina ~ submitted fur the fmmishing ~of one - '. Packing Company be referred to ~~ 1,000 G.P:M, pumping engine, be re- the City Solicitor for investigation ~m aa" c~c~ ~' `~ m° ^~N Total ° " ~' ~ forted to the Council for considera- and report. Seconded by Couucil- °oo m~.o ° °' `° ~ " ° °e ~~ ~ `° x.t.a. xatine tiom, Seconded by Councilman Mof- man Thompson. Carried by the fol- , r ~ ~ fat. Carried by the following vote: lowing vote: o ~ 8 S ° o ° 0 0 o R~Pnt ° ° ° En ~ne Yeas-Mayor Murphy, Council- Yeas-Mayor Mui2thy, Conncil- ~ men Moffatt, Thompson, Van Duel- then Moffatt, Thompson, Van Duel- r ,. µ o ~ ~ ° Rp~t man, Wharton, man, Wharton , o 0 8° 8 o 8 Ge~rerator ~ Nays-None. Nays-None. Dubuque, Iowa ~u r ~ a ~ y ~ r ~ ~ Telegram from Charles Lockman, October 10, 1947 n ~ startinn i7 stistem Chairman Presidents Citizen Food -Ir. J, J. Shea, ~~ ~ m ?" „, m ;; Committee, requesting the appoint- Dear Sir: I wish to take the sal- `; ~ ~ ~"~ ment and organizing of a Local Citi- wage and waste material abutting ~, m ° tens Fpod Committee for the Jura- my property located on Lot 99 of o ° ~ ,. ~ v o o Bla Rr;oes ° tion of the ewer one includin g Y g Woodlawu Park Addition. ° o ° ~. S ° ; representatives from all organized Yours truly, groups in the community and sug- Victor A, & Clara Rogers Besting that a proclamation be 'is- sued in support of the Citizens Councilman Wharton moved that Food Committee program, pt~esent- the conmmnication be received and ed and read. made a matter of record. Seconded Councilman Moffatt moved that receipt of bids for the furnishing Councilman Wharton moved that by Councilman Thompson, Carried the communication of City Manager F.O.B. Dubuque, Iowa, One (1) the telegram be referred to the by the following vote: I Rhomberg, together with the bids tiiple oombinatiou motor pumping Mayor. Seconded by Councilman Yeas-Mayor Murphy, Council• I submitted for stand-by electric Ben- engine of 1,000 gallons capacity per Moffatt, Carried by the following men Moffatt, Thomison, Van Duel- crating equipment for. the Eagle minute at 120 pounds pump pros- vote: man, Wharton, Point Water System, be referred to sure from draft, presented and ';-ens-Mayor iVlurphY Council• Nays-None. the Council for cousidsration, Sec- read. , men Moffatt, Thompson Vau Duel- Dubuque, Iowa onded by Councilman Van Duelman, Councilman Wharton moved that , man, .Wharton. October 13, 1947 Carried by the following vote; the proof of publication be received Nays-None. Mr J, J, Shea Yeas-Mayor Murphy, Council- atui filed, Seconded by Councilman City Clerk men Moffatt, Thompson, Van Duel- P/[offatt. Carried by the following Communication of Alfred J. Wy- I wish to take the salvage abut- man, Wharton. vote: burn submitting an offer iu the Ling my property located on Audu- Nays-None. Yeas-Mayor Murphy, Council- amount of $50,00 for the purchase bon Street, which street is now men Moffatt, Thompson, Van Duel- of Part of Lot 2 of Lot 16 of Ran- being widened and paved. Proof of publication certified to man, Wharton «all's Subdivision, presented and Respectfully, by the publishers, of notice of the Nays-None. read, Clara. Iiopchanslcy 29~ Special Session, O'ctober 13th, 1947 Councilman Wharton moved that the counnuuieation be received and made a matter of record. Second- ed by Councilman Thompson. Car- ried by the fallowing vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None, Petition of Elizabeth Grimme, Ad- ministratrix of the Estate of Wil- liam F. Hanson, requesting a re- fund in the amount of $150.00 on Class "B" Beer Permit No. 102 and also a refund in the amount of $50.00 on Cigarette Permit No. 244, presented and read Conncflmair Van Duelman moved that the request be granted 'and the City Auditor instructed to draw a warrant in the amount of $150.00 iu favor of Elizabeth Grimme, Ad- miristratrix of the Estate of Wil- liam F. Hanson, to cover the amount of refund granted on the unexpired portion of Class "B" Beer Permit No. 102 and also that the City Auditor be instructed to draw a warrant iir the amount of $60.00 in favor of Elizabeth Grinmie, Ad- ministratrix of the Estate of Wil- liam F. Hanson, to cover the amount of refund granted on the unexpired portion of Cigarette Per- mit No. 244, Seconded by Council- man Wharton. Carried by the fol- lowing vote: Yeas-114ayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-Noce. Petitimi of P. W, Melloy request' that his two lots located in the 900 block on Seminaay Street be re- zoned as he desires to ersct a two family dwelling, presented and read. Cotmcilman Thornpsmn moved that the 'petition be 1•eferred Jta Che Planning and Zoning Gi07nm1~910n for their recommendation and re- pm't. Seconded by Cotuncilman Mof- fatt, Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van ihtel- man Wharton. Nays-None. Petition of Adolph S, Stotz et al, resiKl`eprts on West 15th Street requesting ithe hrstraJlation Hof a street light at the intersection of West 16th and Henion Streets, pre- sented and read, Councilman Thompson moved that the petition be referred to the Council to view the grounds. Seconded by Council- man Van Duelman. Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Vau Duel- man, Wharton. Nays-None. October 10, 1947 Honorable Mayor and Member,. of the City Council Dubuque, Iowa Gentlemen: In Re. Petition Of Mrs, Katie A. Miller for suspension of 1946 taxes because of infirmity on: Lot 9 and 10 Johnson Sub, in the City of Dubuque, Iowa. I recomm~end that said Petition be approved and that notification of such approval be given to the Board of Supervisors of Dubuque County, Iowa, Yours truly, John J. Kintzinger. Councilman Moffatt moved that the recommendation of City Solici- tor Kintzing~er be appioved and the $oard of Supervisors to be notified of Council action. Seconded by Counci]man Wharton. Carried by the following vote: Yeas-Mayor Murphy, Coancil- me'n Moffatt, Thompson, Van Duel- man, Wharton. Nays-None, October 11, 1947 Honorable Mayor and Members of the City Council Dubuque, Iowa Gentlemen: With reference to the claim of Mrs. Arthur Bolte for $500.00 for au ?injury she sustained on August 36, 1947, at a place whore she claims there was a hole in the sidewalk in front of the General Motor Ser- vice Company at 65 'NIai~n Street, I have investigated the matter and find that the sidewalk is in good condition and I am of the opinion that there is no negligence on the part of the City with re- ference to the sidewalk. I recom- mend tliat this claim 6e denied. Yours truly, John J. Kintz1ingQr, City Solicitor. Councilman Van Duelman moved that the recommendation of City Solicitor Kintzing~er be approved. Special Session, O'ctober 13th, 1947 ?99 Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None: October 1Q 1947 Honorable Mayor and Members of the City Council, Dubuque, Iowa Gentlemen: Somethne ago I was instructed to prepare an Ordfu~ance governing the speed oY passenger and freight trains iu the City of Dubuque 1 prepared an ordinance and sub- mitted it to the Iowa State Com- merce Commission at Des Moines, I aru enclosing herein letter ad- Ciressed to myself as City Solicitor enclosing a copy of the order of the Iowa State Commerce Commission approving the ordinance that I have submitted. This order should be made a matter of record. I also en- close for your consideration the ordinance that has been approved by the Iowa State Commerce Com- mission for action ~on your part. Yours truly, JOHN J, KINTZINGER, City Solicitor Councilman Van Duelman moved that the communication of City So• ticitr Kintzing~er be received and made a matter of record.Seconded by Councilman Wharton. Carried by the following vote; Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. BEFORE THE IOWA STATE COMMERCE COMMISSION IN mHE h4ATTER OF AN ORDI• NANCE REGULATING T H E SPEED OF TRAINS AT GRADE CROSSINGS WITHIN THE CITY OF DUBUQIIE, IOEVA. DOCKET NO A-5020. a: r r ::: ., 8 8: R ::: ORDER There was filed in this office under date of August 13, 1947, a copy of proposed Ordinance No. 47 pertaining to the regulation of train speeds at grade crossings vrithin the City Hof Dubuque, pro- viding at Sections Nos. 1 and 2 thereof that no passeug~er train shall be operated aver and upon the grade mrossiugs iu the City of Du- buque at a speed of greater than 30 miles per hour and na freight trains at a speed greater than 15 miles per hour. Approval of the proposed Ordinance was requested unider the provision ~ Section 339.42, Code of Iowa, 1946, A copy of the proposed Ordinance was forwarded to all railroad com- panies operating within the cor- porate limits of Dubuque, Iowa, viz., the Illinois Central Railroad Com- pany, the Chicago, Milwaukee, St. Paul & Pacific Raih•oad Company, the Chicago Great Western Rai1- way Company and the Chicago, Burlington & Quincy Railway Com- pany. Objections were thereafter filed by three of the railroad com• panios as concerning the limitation of freight tra~iu speeds~as provided jot ~Sectiou 2 of said proposed Ordinance, these railroad compan- ies desiring that operation of freight h•ains be permitted of 25 to .',0 miles per hour. Correspond- ence was thereafter carried on with the railroad companies and the City of Dubuque, Iowa, resulting in the revision of Section 2 of said Ordi- nance to read as follows: "No freight train shall be operated over and upon the grade crossing in the City of Dubuque at a speed greater than 25 miles Per horn:" Docket No A-5020. All of the interested railroad com- parries have signified their a~- ceptance of Section 2 of said Or- dinanee as above quoted. It is, THEREFORE, ORDERED that Ordinance No. 47 of the City of Dubuque, Iowa, regulating the spend of trains over and upon grade crossings within the City of Dubuque, Iowa, as submitted and filed iu this office on September 18, 1947, be and the s~anne is hereby approved. IOWA STATE COMMERCE COM-~IISSION Carl W. Roed Chairman B. M. Richardson Connnissioner David B. Long Commissioner ATTEST; Geo. L. McCaughan Secretary Dated at Des Moines, Iowa, Oc- tober 9, 1947. 3~ Special Session; October 13th, 1947 Councilman Van Duehnan moved that the Order of the Iowa State Commerco Commission in the Mat• ter of an ordinance regulating the speed of trains at grade crossings within the City of Dubuque, Iowa, be received and 3nade a matter of record. Seconded by CouncIlman Wharton. Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. Ordinance No. 28.47 An Ordinance regulating the speed. of trains at grade crossings within the City of Dubuque rspeal- ing all ordinances or parts of or- dinances iu conflict herewith and providing a penalty for violation hereof, presented and read. Cou3rcil, man Vau Duehnan moved that the reading~jnst had be considered the first reading of the ordinance. Sec• onded uy Councilman Moffatt, Car- ried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Vau Duel- man, Wharton. Nays-None, Councilnan Van Duehnan moved that the rules be suspended re- quiring' a3t ordinance to be read on three separatedays. Seconded by Couucihnan Thompson. Carried by the following vote: Yeas-Mayor Murphy, Couucil- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. Couneihnan Van Duehnan moved that the ordinance h>Q placed an Ele with the City Clerk for public inspection for at least one week before its final adoption. Seconded by Councilnan Wharton. Carried by the following vote: Yeas-111ayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None, October 13, 1947 To the Honorable Mayor and City Council, Dubuque, Iotiva. Gentlemen: I herewith submit reports of the City Auditor, City Treasurer, City Health Department and City Water Department for the month of Sep- tember, 1947, also list of elai3ns and list of payrolls for which warrants were issued for the month of Sep- tember, 1947. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Thon3psou moved that the reports be recehved and placed on file. Seconded by Councilman Moffatt. Carried by the following vote; Peas-Mayor Murphy, Council- men Moffatt, Thompson, Van Dnel- man, Wharton. Nays-None. Resolution No, 147.47 Whereas, Jaeger Kunnert Co. filed with the Clerk of City of Du- buque a petition requesting' per- mission to construct and maintain ~a loading dock and canopy four feet onto Jackson Street firom the south corner of their old building at RED Sacksmt Street north 35 feet and 4 feet wide. Aud, Whereas, said petition was referred to the City -Council to view the grounds. And, Whereas, said City Council viewed the gourds a-nd is oY the opinion that the said request should be granted. Now, Therefore, Be It Resolved by the City Coun- cil of the City •of Dubuque: Section L That the Jaeger Kun- nert Co.,its successors and assigns, be, and it is hereby granted the right and authority to construct and maintain a loading dock and canopy from the south corner of their old building at thohr ware- house at Sb9 Jackson Street north 35 feet and 4 feet wide in accot•- dance with the petition, Sec. 2. That such construction fs to be done unifier the directhon and supervision of the Building In- spector and City Manager, and under any rules at3d regulations they may prescribe, Sec. 3. That the right to cmr struct and maintain said loading dock and canopy shall be subject to the continuous control of the City Council, reserving the right to said City Council to i3npose re- strictions and conditions neon the enjoyment thereof as may be reasonably necessary for the pro- tection of the public interests, in- cludhig the right to revoke and rescind the grant hereby made, if Special Session, October 13th, 1947 301 at any tune the public interests should so require. Sec. 4: As a further considera• tion of the rights and privileges herein granted, said Jaeger Kun- nert Co., its successors and assigns. assume any and all liability for damages to persons or property which may result from the con- struction and/or maintenance of said loading dock and canopy, and said Jaeger Kunnert Co., its su~- cessors and assigns, at its awn expense, agrees to defend any and all claims which may be made or brought against the City because of the eonstructimi and/ar main- tenance of such loading dock or canopy, and should the City be requited to pay any damages ~as aforesaid, said Jaeger Kunnert Co., its successors and assigns, agree to 'pay same and to fully reimburse the City therefor and to hold said Oity harmless from any damages. Sec. 6. Should the rights and privileges herein granted be re- ciuded or revoked, said Jaeger Kun- nert Co.,its successors and assigns, at its own expense and upon receipt of notice by registered mail, agrees, within 30 days after receipt of such notice, to remove the structure heroin authorized and to restore the street in as good condition as it was before said conshuction. See. 6. This Resolution slralh be- come effective and the rights here- under shall accrue to Jaeger Kun- nert Co., its successors .and assigns, when this Resolution has been passed by the City Council and ac- cepted by said Jaeger Kunnert Co. whichacceptance shall be endorsed hereon Passed, approved and adopted this 13th day of October, 1947. GEO. R. MURPHY Mayor F. W. THOMPSON, FRANK VAN DUELiI'IAN, ALBERT ~t'HARTON, w. ev. nIOEEAT, Councilmen Attest: J. J. SHEA, City Clerk Acceptance of Resolution Nc. 147.47 Jaeger Kunnert Co. having full knowledge and understanding of all the ter3ns and conditions of Reso- lution No. 147-47, hereby accepts the same as adopted and agrees to comply with all the terms sand conditions thereof, Signed this 14th day of October, 1947. Jaeger Kunnert Company Robert L. Kunnert Secretary Title. Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Van Duehnan. Car.•ied by the following vote: Yeas-Mayor Murphy, Cou3rcil- mer. -foffatt, Thompson, Van Duel- man, Wharton. Nays-None, Resolufi~'ion No. 14&47 Whereas, the Dubuque Planning allfi ZOlllllg C03ll1t115S10ll recan- nterded to the City Council that the extension oP the Light Indus- trial District on the easterly side of Southern Avenue southerly to include the following area: From the present Light Industrial Dis- trict in Lot 3 Randalls Sub, No. 2 to the present Local Business Dis- trict in Lot 1 of 4 of Mineral Lot 37, and between Southern Avenue and the Dubuque Cascade Road. And, Whereas,'before the Zoning Map and Zoning Ordinance of the City may be changed, it is neces- sary that a public hearing be held thereon. And, Whereas, the City Council deans it advisable to hold such public hearing, Now, Therefore, Be it Resolved by the City Coun- cil of the City of Dubuque: That there should be a public hearing on the question of the ex- tension of the Light Industrial Dis- trict ~on the easterly side of South- ern Avenue southerly to include tl~e folllowi3tg area: From the present Light Industrial District hu Lot 3 Randalls Sub, No. 2 to the present Local Business District iu Lot 1 of 4 of Mineral Lot 37, acid between Southern Avenue and the Dubuque Cascade Road. That the time and place for said public hearing be, and tho same is hereby flied for 7:30 o'clock p.m., on the 3rd day of November, 1947, iu the City Council Chamber, City Hail, Dubuque, Iowa; that the City Clerk be, and he is hereby directed to cause to be published in the 302 Special Sessiotl, O'ctober 13th, 1947 Telegraph Herald, the official news- paper in the City of Dubuque, no- tice of such hearing, same to be published so as to leave at least 75 days between the day of such publication and the day fixed for said hearing, that said notice shall contain, among others, the provis- ion tliat any and all parties in in- tetesY and any and all citizens shall have an opportunity to be heard. Passed, adopted ~aud approved this 13th day of October, 1947, GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, F. W. THONIPSON, ALBERT WHARTON, ~~~. W. MOFFATT, Councilmen. Attest: J. J. SHEA City Clerk. Councilman Van Duehnan moved the adoption of the resolution. Sec• onded by Councilman Wharton, Car- a~ied by tho following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. Resolution No. 149.47 Whereas, the tiVaker Department of the City of Dubuque has plans for the use of Lots 9, 10 and 11 ~of Industrial Sob. No. 2 as a garage, warehouse and storage yard; and Whereas, it is necessary that a railroad siding be provided to serve this property for the intended pur- pose; and Whereas, an agreement to ptw• vide such railroad siding by the Chicago, Burlington ~ar~,d Quincy Railroad Company has been pre- pared; Now, Therefore Be It Resolved by the City Coun- cil of the City of Dubuque, Iowa, that the agreement be approved and the Mayor and Clerk be auth- orized to sign the document for and on behalf of the City of Du• buque and to affix thereto the seal of. cold City. Passed, adopted and approved this 13th day of October, 1947. GEO, R. MURPHY, 1l2ayor FRANIf VAN DUELMAN, F, W. THOMPSON, ALBERT WHARTON, W, W, MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Councilman Wharton move the adoption of the resolution. Sec- cnded by Councilman Moffatt, Car- ried by the following vote: Feas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- mau, Wharton. Nays--None. Resolutlion No. 150.47 Be It Resolved by the City Coun- cil of the City of Dubuque that the following, having compliefl with the provisions of law relating to the sale of cgarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette pap- ors within said City and the Mana- ger is directed to issue such permit ou behalf of said City, Name Address D. A. V, Club of Dubuque, Inc,, 95l?/z Main Streit. Joseph A. Collins, 397 East 20th Street. Be 1t Further Resolved that the bonds filed with the ap~ilicatfon be approved. Passed, adopted and approved this 13th day of October, 1947, GEO, R. MURPHY, Mayor FRANK VAN DUELMAN. F. W, THOMPSON, ALBERT WHARTON, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Councilman Moffatt moved the adoption of the resolution. Sec- onded by Councilman Van Duelma~n, Carried by the following vote: a Yeas-Mayer Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-Nona, Resolution No. 151.47 Whereas, application for Class "B" Beer Permit has been submit- ted to this Council for approval and the same has been exanuned: NOW, THEREFORE, Be It Resolved by the Council of the City of Dubuque that the Following application be granted' and the license is to be issued upon the compliance with the terms of the ordinances of this Gity. Naane Address Joseph A, Collins, 397 East 20th Street. Special Session, October 13th, 1947 ?03 Passed, adopted and approved this 13th day of October, 1947. GEO. R. MURPHY Mayor FRANK VAN DUELMAN F W.THOMPSON ALBERT WHARTON W. W, MOFFATT Councilmen r;ttest: J, J. SHEA, City Clerk. Councilman Van Duelmau moved the adoption of the resolution. Sec• onded by Councilman Moffatt Car- ried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. Resolution No. 152.47 Whereas, het~etofore application for Class "B" Beer Permit was filed by the within named applicant and it has received the approval of this Council; and Whereas, the premisos to be oa copied by such applicant have been inspected and found to comply with the ordinances of this City and he has filed a proper bond: NOW, THEREFORE, Be It Resolved by the Council of the City of Dubuque that the Man- ager be and he is hereby directed to issue to the following named applicant a Beer Permit, There being no further business Councilman Van Duolman moved to adjourn, Seconded by Council• man Wharton, Carried by the fol• Jawing vote; Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton, Nays-None, J. J. SHEA City Clerk. Approved .................................1948. Adopted ..................................1948. Councilmen: ~ .................................. Attest : ............................................ City Clerk. CLASS "B" PERMIT Name Address Josepl A. Collins, 397 East 20th Street. Be It Further Resolved that the bond flied by such applicant be and the same is hereby approved. Passed, adopted and approved this 13t1 day of October, 1947. GEO. R. MURPHY Mayor FRANK VAN DUELMAN F W. THONIPSON ALBERT WHARTON W. W, MOFFATT Councilmen Attest: J. J, SHEA, City Clerk Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Wharton. Car- ried by the following vote; Yeas-Mayor Murphy, Gouncil- tnen Moffatt, Thompson, Van Duel• man, Wharton Nays-None.