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1948 December Council Proceedings""~i~i'+i 4' Regular Session, December 6th, 1948 501 City Council (04ficlal.) Regular Session, December 6th, 1948, Council met at 7;30 P. M. Present -Mayor Van Duelman, Counci 1 m e n Moffatt, Murphy, Thompson, Wharton. City Manager Rhomberg. Mayor Van Duelman stated that this is the regular monthly meet- ing of the City Council for the purpose of acting upon such busi- ness as may properly come before the meeting. Councilman Wharton moved that the rules be suspended for the purpose of allowing any one pres• ent in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, Counci 1 m e n Moffatt, Murphy, Thompson, Wharton. Nays -None. Notice of claim of Elmer J. Fried- man in the amount of $200.00 far damages to his car caused when struck by a falling tree limb while his car was parked at or near the northwest corner of the intersec- tion of Thirteenth and Bluff Street presented and read. Councilman Murphy moved that the Notice of Claim be referred to the City So- licitor for investigation and report. Seconded by Councilman Wharton, Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. Communication of the Tri-State Products Co, advising that they are writing to establish the fact of their permanancy in the City of Dubuque and that they wish to do business here now and in the near and distant future consisting of several types of siding and minor exterior alterations and remodel• ing and asking that they be given information and instructions as to the ordinances which a Company must stay within covering this and other types of business, presented and read. Councilman Murphy moved that the communication be referred to the City Solicitor. Sec- onded by Councilman Wharton. Carried by the fallowing vote: Yeas -Mayor Van Duelman, Counci ]men Moffatt, Murphy, Thompson, Wharton. Nays -None. Communication of John Savage tendering his resignation as a mem• ber of the City Plumbing Licensing Board, presented and read. Coun• Gilman Murphy moved that the resignation be accepted. Seconded by Councilman Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, Counci 1 m e n Moffatt, Murphy, Thompson, Wharton. Nays -None. Petition of Clarence Pregler re- questing arefund in the amount of $50.00 on the unexpired portion of his Cigarette Permit No. 198, as he has discontinued business on November 29, 1948, presented and read. Councilman Murphy moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $50.00 in favor of Clarence Pregler to cover the amount of refund granted on the unexpired portion of his Cigarette Permit No. 198. Second• ed by Councilman Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, Counci 1 m e n Moffatt, Murphy, Thompson, Wharton. Nays -None. DUBUQUE, IOWA December 6, 1948 Honorable Mayor, City Council and City Manager City Hall Dubuque, Iowa Gentlemen: Farley & Loetscher Manufactur• ing Company have heretofore pet• itioned your honorable body for permission to build and maintain a bridge over Jackson street, and to lay certain pipes under the surface of Jackson street, and to build and maintain a certain rail• road track in Jackson street, all to ~: 5oa Regular Session, December 6th, 1948 be used in connection with the operation of a power plant now under construction on Jackson street between eighth and ninth streets. We enclose herewith in dupli- cate two proposed ordinances which if adopted by your honorable body, will grant the necessary authority for the foregoing. There is also enclosed herewith two prints of a plan showing the location of said facilities, etc. Your favorable action on this matter at an early date will be much appreciated. Yours very truly, O'CONNOR, THOMAS & O'CONNOR. By E. Marshall Thomas. Councilman Moffatt moved that the communication be received and made a matter of record. Seconded by Councilman Thompson, Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton, Nays -None. ORDINANCE N0. 25 - 48. An Ordinance granting to Farley & Loetscher Manufacturing Com• pony, Dubuque, Iowa, its successors and assigns, the right to build .and maintain a bridge across Jackson Street at a point between Sth and 9th Streets in the City of Dubuque, Iowa, and further granting said Company, its successors and as- signs, the right to build and main- tain a series of sub-surface pipes under the surface of Jackson Street at a point between 8th and 9th Streets in the City of Dubuque, Iowa, presented and read, Council- man Thompson moved that the reading just had be considered the first reading of the ordinance. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas -Mayor Van Duelman, C o u n c i l m e n Moffatt, Murphy, Thompson, Wharton. Nays-None. Councilman Thompson moved that the rules be suspended requir- ing an m•dinance to be read on three separate days. Seconded by Councilman Moffatt. Carried by the fallowing vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Councilman Thompson moved that the ordinance be placed on file with the City Clerk for public inspection for at least one week before its final adoption, Seconded by Councilman Wharton. Carried by the following vote: Yeas - Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. ORDINANCE NO. 26 - 48. An Ordinance granting to Farley & Loetscher Manufacturing Com• pony Dubuque, Iowa, its successors and assigns, the right to construct and maintain a side track from one of the tracks in Jackson Street northerly across the intersection of 8th and Jackson Streets and north- erly in Jackson Street a distance of 102 feet from the northerly property line of 8th Street and providing the terms and condi- tions thereof, presented and read. Councilman Thompson moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Murphy, Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None, Councilman Thompson moved that the rules be suspended requir- ing an ordinance to be read on three separate days. Seconded by Councilman Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton, Nays-None. Councilman Thompson moved that the ordinance be placed on file with the City Clerk for public inspection for at least one week before its final adoption. Seconded by Councilman Wharton. Carried by the following vote: Yeas - Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. Proof of publication, certified to by the publishers, of a statement of receipts and also a list of claims Regular Session, December 6th, 1948 5D3 for which warrants were drawn dur• ing the month of October, 1948, presented and read. Councilman Thompson moved that the proof of publication be received and filed. Seconded by Councilman Moffatt. Carried by the fallowing vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. ORDINANCE N0. 24 - 48. An Ordinance providing for the vacation of part of Helena Place, and providing that a Quit Claim Deed be issued to the abutting property owner, said ordinance hav ing been passed upon first reading on November 29th, 1948 and order- ed placed on file with the City Clerk for public inspection for at least one week before its final adoption, was presented Yor final adoption. ORDINANCE N0. 24.48 An Ordinance providing Yor the va- cation of part of Helena Place, and providing that a Quit Claim Deed be issued to the abutting property owner. Whereas, Loras College has peti- tioned the City Council for tha vaca- tion of Helena Place. And Whereas, said petition has been duly referred to the Planning and Zoning Commission for recom- mendation and report. And Whereas, said Planning and Zoning Commission has recommended that part of Helena Place be vacated from a point beginning 100 feet west of the west property line of Henion Street and extended to the west terminus of Helena Place, providing that adequate entrance to Loras Col- lege grounds shall be maintained at the easterly end of the vacated street. And Whereas, said street is no longer needed for pubiic purposes, and the said Loras College is the owner of al] abutting property, Now therefore be it resolved by the City Council of the City of Dubuque: Sec. 1. That part of Helena Place beginning at a point 100 feet west of the west line of Henion Street and extending to tha western terminus of Helena Place be and the same is hereby vacated. Sec. '2. That in consideration of one dollar, the receipt of which is hereby acknowledged, said vacated part of Helena Place be and the same is hereby granted to Loras College, and the Mayor and Clerk of the CICy of Dubuque shall convey said premises to said Grantee by Quit Claim Deed for and on behalf oP the City oY Du- bugne, said deed to provide that an adequate entrance to Loras Collega grounds shall be maintained by the Grantee at the easterly terminus of the part of said street herein ca- cated. Sec. 3. That Che Clerk be, and he is hereby directed to record this Or- dinance in the Office of the County Recorder of Dubuque County, inwa. Sec. 4. This Ordinance shall be in force and effect from and after :ts final passage, adoption and approval by the City Council, and publication as provided by law. Passed upon first reading Novem- bnr 29th, 1948. Passed, adopted and approved upon final reading this 6th day of Decem- ber, 1948. FRANK VAN DUELMAN, Mayor F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilten Attest: J. J. SHEA, City Clerk. Published officially in The Tele- graph-Herald newspaper this 3th day of December, 1948. J. J. SHEA, 12-8-1t City Clerk Councilman Murphy moved the adoption of the ordinance. Second• ed by Councilman Thompson. Car• ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. December 6, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have approved the following policies and desire to have your approval on same for filing: EXCAVATION Seubert and Fesler, 1603 Central Avenue; Policy No. Li676338, Iowa Mutual Casualty Co. Thos. Flynn Coal Co. 3rd Street Extension; Policy No. MC 135908, Standard Accident Ins, Co. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Murphy moved that the bonds be approved and placed on file. Seconded by Councilman Wharton. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. so4 Regular Session, December 6th, 1948 I Regular Session, December 6th, 1948 Soy December 6, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The improvement of James St. by widening ten feet on west aide from the south curb line of West Third Street to a point 450 feet south with asphalt paving by the K-M Construction Company has been completed according to the plans and specifications. Therefore I recommend its ac- ceptance by the City Council. Respectfully submitted, A. A, RHOMBERG, City Manager. Councilman Moffatt moved that the recommendation of City Man- ager Rhomberg be approved. Sec- onded by Councilman Wharton. Carried by the fallowing vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. RESOLUTION N0. 254x18. WHEREAS, applications Y o r Beer Permits have been submitted to this Council for approval and the same have been examined: NOW, THEREFORE, BE IT RESOLVED, by the Coun- cil of the City of Dubuque that the fallowing applications be grant- ed and the licenses are to be issued upon the compliance with the terms of the ordinances of the City, CLASS "B" PERMIT NAME AND ADDRESS The Page Hotel, 73 - 75 E a s t Fourth Street Frank T. O'Rourke and Mrs. Sarah Waldorf, 37 Eighth Avenue. Frank J. Paar, 1826 Central Ave. Charles T. Snyder and Elsie Sny- der, 543 Eighth Avenue, CLASS "C" PERMIT Leo P. Manahl, 785 Groveland Place. Cruso A. Alba, 2601 Jackson St, Passed, adopted and approved this 6th day of December, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Murphy moved the adoption of the resolution. Secand• ed by Councilman Wharton. Car- ried by the following vote: Yeas - Mayor Van Duelman Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. RESOLUTION N0. 25518 WHEREAS, heretofore applica- tions for Beer Permits were filed by the within named applicants and they have received the ap• proval of this Council; and WHEREAS, the premises to be occupied by such applicants have been inspected and found to com• ply with the ordinances of this City and they have filed a proper bond: NOW, THEREFORE, BE IT RESOLVED by the Ccun- cil of the City oY Dubuque that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. CLASS "B" PERMIT NAME AND ADDRESS The Page Hotel, 73 75 East Fourth Street. Frank T. O'Rourke and Mrs. Sarah Waldorf, 37 Eighth Avenue. Frank J. Paar, 1828 Central Ave. Charles T. Snyder and Elsie Sny- der, 543 Eighth Avenue. CLASS "C" PERMIT Leo P. Manahl, 785 Groveland Place Cruso A. Alba, 2601 Jackson St. BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same are hereby approved. Passed, adopted and approved this 6th day of December, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W: MOFFATT 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 Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. There being no further business Councilman Wharton moved to ad- journ. Seconded by Councilman Thompson. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. J. J. SHEA. City Clerk, Approved .... ....................... 1949. Adopted ... ......... ........ 1949. ~ "Jyi sob Special Session, December 14th, 1948 City Council (Official) Special Session, December 14th, 1948. Council met at 7:30 P. M. Present -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. City Manager Rhomberg. Meeting called by order of Coun- cilmen Thompson and Murphy. Mayor Van Duelman read the call and stated that service there of had been duly made and that this meeting is called for the pur- pose of conducting a public hearing upon the Notice of Levy of Special Assessment and intention of the City Council to issue bonds for the improvement of Platt Street and Platt Street Extension from the east curb line of James Street to the east curb line of Cardiff Street and acting on any other business as may properly come before a regular meeting of the City Council. State of Iowa 1 SS. County of Dubuque J I, Claude McDonald, do hereby certify that on 30 November, 1948, I posted copies of the attached Notice of Levy of Special Assess- ment and Intention of the City Council to Issue Bonds along the line of improvement for the im- provement of Platt Street and Platt Street Extension from the east curb line of James Street to the east curb line of Cardiff Street. Signed Claude McDonald. Subscribed and sworn to before me, Geraldine L. Jenni, a Notary Public, this 30th day of November, 1948. GER2.LDINE L. JENNI Notary Public in and for Dubuque County, Iowa. Councilman Thompson moved that the statement be received and made. a matter of record. Seconded by Councilman Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. Proof of publication, certified to by the publishers, of Notice of Levy oP Special Assessment and Inten- tion of the City Council to Issue Bonds for the improvement of Platt Street and Platt Street Ex- tension from the east curb line of James Street to the east curb line of Cardiff Street, presented and read. Councilman Moffatt moved that the proof of publication be received and filed. Seconded by Councilman Murphy. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. To the Honorable Mayor, to the City Council, and City Manager, Mr. A. A. Rhomberg: Dear Sirs: In Re-Assessment against prop- erty owners for Platt Street project, before City Council at De- cember 14, 1945, meeting. Since the assessments proposed against us are $68.33 and $51.07, respectfully, in excess of what we understood they would be at the time bid was accepted, w h i c h under one method of calculating amounts to approximately a 14 per cent increase, or 4 per cent in excess of the 10 per cent limit, we respectfully set forth our views for your consideration. Briefly, the Resolution of Neces• sity for improvement estimated the cost of project at $11,202.76 and our estimated assessments were $522.56 and $384.55, respectfully, which was the basis upon which public hearing was held. The bid of the successful bidder was $10,698.50, or approximately 5.4 per cent under the engineers estimate, which on its surface at least, would correspondingly re- duce our assessments by 5.4 per cent, making them $494.34 a n d Special Session, December 14th, 1948 507 $363.98, respectfully, instead of the previously mentioned $522.56 and $384.55. We are cognizant of the pro- vision in the contract that there shall be additional payment to the contractor if unforseen difficulties are encountered, and we under- stand that there was an adjust meat with the contractor under this proviso to the extent of $482.00. However, since the increase pro- posed to be assessed against each of us, to cover a proportionate ~, share of the increase, is fairly substantial, to-wit, $68.33 and $51: 07-and we are without any pre- vious personal experience in mat- ters of this kind-if it is an entirely proper request, we ask the Council, if it has not already been done, to get an expression of opinion from the City Solicitor on this matter of assessing those unforseen expenses against the abutting. owners; and if such in• crease may be legally assessed is it to be on the basis of t h e Engineer's original estimate, or should it be on the basis of what the assessments would figure out as per the contractor's bid price. We realize that if the contractors bid were up to 10 per cent in excess of the engineer's estimate this question would not arise; bat where the contractor's bid is less than the engineer's estimate this questitrn has occurred to us. Kindly be assured we have no ableetiom to an assessment being made,. but it is only in the matter of the adjustment by wag of in- crease upon which we ask for clarification and for your consider- ation. Yours very truly, Carl V: Riley Mrs, Regina Duggan. Councilman Murphy moved that the petition, be referred to the City Solicitor Por investigation and report. Seconded by Councilman Thompson. Carried by the follow ng vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. CITY OF DUBUQUE, IOWA SCHEDULE OF ASSESSMENTS. RESOLUTION N0. 256 48. Resolved by the City Council of the City of Dubuque, Iowa, that to pay for the improving of Platt Street and Platt Street Extension from the east curb line of James Street to the east curb line of Cardiff Sreet, Thos. Flynn Coal Company, contractor, in front of and adjoining the same, a special tax be and is hereby levied on the several lots, and parts of lots, and parcels of real estate hereinafter named, situated and owned, and for the several amounts set op• posite each lot or parcel of real estate, as follows: Carl V & Ruth Riley Lot 1, of 1 of 2of 2 Sub. of M. L. 72 & of 14 M. L. 73&2 of 74 ........................ 562.67. Dubuque County, Lot 2,of1of2of2Sub. of M, L. 72&lof lO M. L. 73 & 2 of 74 ...................................... 109.95 Herbert E. & Kath. Dilworth, Lot 2, of B o f 2of 2of 2 o f Sub of M. L. 72 & 1 of 10 M. L. 73 ~ 2 of M. L. 74 ............. 251.98 Herbert E & Kath Dilworth, Lot 1, of Bof2of2of2Sub. of M, L, 72.E I of 10'M.L.73&2 of M. L. 74 .............. 148.D7 Voelker Realty Co, Lot A, of 2of 2of 2 Sub. of M. L. 7Z &loflofM.L.73 & 2of M. L. 74 ... .. 26.38 Mable, Theo 8e Gert Karegan, Lot 1, of M L. 72 . ................ 205.68 Mercy Hospital, Lot 3, of M. L. 72 ...,,....,.. 88L95 Mercy Hospital, Lot 4, of M. L. 72 ......... 1,270.70 Mercy Iospital, Lot 4A, of M. L. 72, ..... 40.39 ltlercy Hospital, Lot 5, of Pd. L. 72 .._,.... 1,421.47 ~~~ ~i 508 Special Session, December 14th, 1948 Mercy Hospital, Lot 1, of i of 6 of M. L. 72 . ............................ Mercy Hospital Lot 2,of1of6ofM.L. 72 . ... ........................ Mercy Hospital, Lot 1,of2of6ofM.L. 72 . .. ............ ............. Mercy Hospital, Lot 2, of 2 of 6 of M. L. 72 . ....... ................... Mercy Hospital, Peabody Street (Vacated) ...,..., .... Mercy Hospital, Lot 2, of 1 of City Lat 731, ..._ .................... Mercy Hospital, Lot 2, of 10 of M. L. 73 Mercy Hospital, Lot 1 of Agnes Lang- worthy Sub. ... _..,.. Mercy Hospital, Lot 2, of Agnes Lang- worthy Sub., ...,....,. Mercy Hospital, Augusta Street: (Vacated) .. City of Dubuque, City Lot 732 . .................. St. Clara College, Lat 2, of 1 of City Lot 725, . ........................ M. B. & Kath, Cody, Lot 11, Sub. of City Lot 724 . ................. Alice Bennett, Lot 14, Sub. of City Lot 724,.. Cletus T. Cox, Lot 15, N. 1.2 Sub. of City Lot 724 . .............. Arthur T. Trausch, Lot 15, S. r/2 Sub. of City Lot 724 .,........ Regina M. Duggan, Lot 18, Sub. of City Lot 724 . ................. St. Clara College, Lot 19, Sub. of City Lot 724, ...... ................... 104.67 .86 119.21. 3.56 18.85 188.45 69.13 16.69 5.39 1.89 3,537.54 261.15. 32.89 71.98. 63.86 85.95 414.05 891.11, ....................... 10,806.47 1866, Sq. Yds. 6" Rein forced Concrete Pavement with In- tegral Curb, at $4.50 ........................ $8,397.00 2 Ea. Std. Reinforced Concrete Catch Basins at $150.00.. 300.00. 39 Lin. Ft. 15" Reinf Concrete Culvert Pipe at $5.00 ........ 195.00. 400 Lin. Ft. Guard Rail at $2.00 .... 800.00 i Ea. Reinf. Con- crete Headwall at $250.00 $250.00 4 Lin. Ft. 21" Reinf. Conc. Culvert Pipe (Labor only) at $3.00 ...._..__._...._ 12.00 68 Cu. Yds. Crushed Stone in Place at $3.00 ... _. ......._ ..... 204.00 33 Sq. Ft 4" Con• Crete Sidewalk at $0.50 ...... .... ......... 16.50 70 Lin. Ft. Radius Curb at $4.00 ........ 280.00. $10,45450. Extra Exp, at 2 1.2 per cent ....., 261.36. 6 per cent Int. for 52 Days ............ 90,61. ...................... $10,806.47. All of which is assessed in propor tion to the special benefits con- ferred. Passed adopted and approved this 14th day of December, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. 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 Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. Special Session, December 14th, 1948 __ _ 509 (Resolution Providing for the Is- suance of Public Improvement Bonds.) CITY OF DUBUQUE, IOWA RESOLUTION N0. 25718 WHEREAS, the contract hereto- fore entered into by the City of Dubuque for the improving of Platt Street and Platt Street Ex• tension hereinafter described, has been completed and said improve- ment has been accepted by the City Council of said City and the City Engineer has computed the cost and expense thereof to be $10,806.47 AND WHEREAS, public notice as provided by law, has been pub- lished by the City Glerk stating the intention of the City Council to issue bonds to pay the cost of said improvement and a public hearing has been held pursuant thereto, and all objections filed thereto have been considered and determined: NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque that to pro- vide for the cost of the improving of Platt Street and Platt Street Extension from the east curb line of James Street to the east curb line of Cardiff Street there be is- sued improvement bonds to the a- mount of $10,806.47. Said bands shall be issued under the provisions of Chapter 396 of the Code of Iowa, 1946; shall bear the date of the 13th day of Janu- ary, 1949, shall be in denomina- ions of $b00.00, except that there shall be one bond to the amount of $306.47. They shall be numbered from 3991 to 4012 inclusive and shall be divided into ten series, of which the bonds numbered 3991, 3992 and 3993 shall constitute the first series and shall be payable the first day of April, A. D. 1950, the bonds numbered 3993 and 3995 shall constitute the second series and shall be payable the first day of April, A. D. 1951, the bonds numbered 3996 and• 3997 shall constitute the third series and shall be payable the first day of April, A. D. 1962, the bonds numbered 3998 and 3999 shall con- stitute the fourth series and shall be payable the first day of April, A. D. 1953, the bonds numbered 4000 and 4001 shall constitute the fifth series and shall be payable the first day of April, A. D. 1954, the bonds numbered 4002 and 4003 shall constitute the sixth series and shall be payable the first day of A-pril, A. D. 1955, the bonds num- bered 4004 and 4005 shall consti- tute the seventh series and shall be payable the first day of April, A. D. 1956, the bonds numbered 4006 and 4007 shall constitute the eighth series and shall be payable the first day of April, A. D. 1957, the bonds numbered 4008 and 4009 shall constitute the ninth series and shall be payable the first day of April, A. D. 1958, the bonds num- bered 4010, 4011 and 4012 shall con- stitute the tenth series and shall be payable the first day of April, A. D. 1959. Said bonds shall bear interest at the rate of five per cent. per an- num which interest shall be pay- able semiannually, in accordance with the terms of the coupons thereto attached; and said bonds shall be payable out of the pro- ceeds of the special assessment levied for said improvement. Both principal and interest shall be payable at the office of the City Treasurer in the City of Du- buque. Said bonds shall be substan- tially in the fallowing form: No . .............................. Series Nc . .............. CITY OF DUBUQUE Improvement Bond The City of Dubuque in the State of Iowa promises to pay as here- inafter mentioned to the bearer hereof, on the first day of April, A. D. 194..,; or any time before that date at the option of the City, the sum of HUNDRED DOLLARS, with interest thereon at the rate of five per cent. per annum, pay- able on the presentation and sur- render of the interest coupons hereto attached, both interest and principal are payable at the office of the City Treasurer in the City of Dubuque in the State of Iowa. This bond is issued by the City of Dubuque pursuant to and by virtue of Chapter 396 of the Code of Iowa, 1946, and in accordance with a ~~~ 5to Special Session, December 14th, 1948 resolution of the City Council of said City, duly passed on the 14th day of December, 1948. This bond is one of a series of 22 bonds, 21 for $500.00 numbered from 3991 to 4011 inclusive, and one for $306.47 numbered 4012, all of like tenor and date, and issued for the pur- pose of improving of Platt Stroet and Platt Street Extension from the east curb line of James Street to the east curb line of Cardiff Street and described in said resolu- tion; which cost is assessable to and levied along said improvement, and is made by law a lien on all abutting or adjacent property, and payable in ten annual installments, with interest on all deferred pay meats at the rate of five per cent, per annum, and this bond is pay- able only out oY the money derived from the collection of said special tax, and said money can be used for no other purpose. And it is hereby certified and recited that all the acts and conditions and things required to be done prece- dent to and in the issuing of this series of bonds, have been done, happened and performed in regu- lar and due form as required by said law and resolution; and far the assessments, collections and payment hereon of said special tax, the faith and diligence of said City of Dubuque are hereby irre- vocably pledged. In Witness Whereof, the City of Dubuque by its City Council has caused this bond to be signed by its Mayor and countersigned by its City Clerk, with the seal of said City affixed this 13th day January, 1949, and has authorized the use of their facsimile signature to the interest coupons hereto attached. Mayor. .._.. City Clerk. Countersigned (Seal) (FORM OF COUPON.) On the ...,,..day of ............ A .D. 19_., the City of Dubuque, Iowa, promises to pay tc the bearer, as provided in the bond, the sum of _ ........ ......Dollars, at the office of the City Treasurer m the City of Dubuque, being........... months in- terest due that day on its ................ Bond No........, dated ....,,....., 19.... Mayor. City Clerk. Countersigned BE IT FURTHER RESOLVED, that the Mayor and City Clerk be and they are hereby instructed to cause said bonds to be prepared and when so prepared to execute said bonds, and that the City Clerk be and he is hereby instructed to register said bonds in a book to be kept by him for that purpose, and tc then deliver them to the City Treasurer who will also regis- ter them in a book to be kept by him for that purpose. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby instructed to sell said bonds in the manner provided by ]aw, the proceeds of said sale to be kept in a special fund to be known as Improvement Fund. BE IT FURTHER RESOLVED, that the interest coupons attached to the bonds be signed with the facsimile signature of the Mayor and countersigned with the fac- simile signature of the City Clerk. BE IT FURTHER RESOLVED, that as fast as funds allow, begin- ning with the second year after the payment of interest due, these bonds shall be called and, retired in the same order as numbered. Adopted this 14th day of Decem- ber, 1948. Approved: FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen, Attest: J. J. SHEA City Clerk. Councilman Moffatt moved the adoption of the resolution. Second• ed by Councilman Thompson. Car• ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. Special Session, December 14th, 1948 5t t Notice of Claim of Mrs. R. Fred Erickson in the amount of $94.00 for injuries received in a fall on a crosswalk at the intersection of University Avenue and Walnut Street, presented and read. Coun Gilman Thompson moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Wharton. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. Original Notice of Suit in the District Court of the United States Northern District of Iowa, Eastern Division, of Joseph Ventrella, Sam- uel Ventrella and Angelo D. Ven- trella, copartners, doing business as Mancini & Ventrella & Son, Plaintiffs vs. City of Dubuque a municipal corporation, The K e y City Gas Company, a corporation and Molo Sand and Gravel Com parry a corporation in the amount of $14,787.61, presented and read. Councilman Wharton moved that the Original Notice of Suit b e referred to the City Solicitor. Sec- onded by Councilman Mofftat. Car- ried by the following vote: Yeas -Mayor Van Duelman, Councilman Moffatt, Murphy, Thompson, Wharton. Nays-None. City Solicitor Kintzinger address- ed the Council requesting that he be authorized to secure additional legal help in defending the court action filed by Mancini &Ventrella & Son. Councilman Murphy moved that the verbal request of City Solicitor Kintzinger be granted. Seconded by Councilman Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. Communication of Lyda Specht in regard to the purchasing of City owned property located on Valley Street extending from the property line of the Armory prop- erty to the Bockes property line, presented and read. Councilman Wharton moved that the communi- cation be received and filed. Sec- onded by Councilman Murphy. Car ried by the fallowing vote: Yeas - Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. Communication of the Plumbers and Fitters Local No. GG submitt ing for consideration the name of Hugh D. Clark to fill the vacancy now existing on the Plumbing Examining Board, presented and read. Councilman Murphy moved that the communication be referr- ed to the City Manager. Seconded by Councilman Wharton. Carried by tha following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton, Nays -None. Petition of Mrs. Alice Haupert requesting that a street light be installed on Brecht's Lane and also requesting that the street be im- proved by placing a layer of crush- ed rock on the street, presented and read. Councilman Thompson moved that the petition be referred to the Council to view the grounds. Seconded by Councilman Wharton. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. Councilman Wharton moved that the rules be suspended for the purpose of allowing any one pres• eat in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. Petition of Eddie and Dorothy Plein requesting permission t o build a sanitary sewer in Clinton Street from their property to the present sewer in the alley between Queen Street and Windsor Avenue, presented and read. Councilman Wharton moved that the request 512 Special Session, December 14th, 1948 be granted and the proper pro- ceedings ordered prepared. Second- ed by Gouncilman Murphy, Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. Council Proceedings for the month of April, 1948, presented for approval. Councilman M u r p h y moved that the Council Proceed logs for the month of April, 1948 be approved as printed. Seconded by Councilman Wharton. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. ORDINANCE N0. 25 48. An Ordinance granting to Fal•- ley & Loetscher Manufacturing Company of Dubuque, Iowa, its successors and assigns, the right to build and maintain a bridge across Jackson Street at a paint between 8th and 9th Streets in the City of Dubuque, Iowa, and further grant- ing said Company, its successors and assigns, the right to build and maintain a series of sub-surface pipes under the surface of Jackson Street at a point between 8th and 9th Streets in the City of Dubuque, Iowa, said ordinance having been passed upon first reading on De- cember 6th, 1948 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. and perpetually maintain x steel bridge, 11 feet wide by 9 Yeet high, according to the plan now on file in the Office of the City Clerk of the City of Dubuque, Iowa, across Jack- son Street between 8th and Jth Streets in the City of Dubuque, Iowa, the middle of said bridge to be at a point approximately 57}~ feet north- erly of the northerly property line of 8th Street, said bridge to be at the approximate elevation of 7? feet above the surface of Jackson Street. Sec. 2. That Farley & Loetscher Manrfacturing Company, a corpora- tion organized under the laws of the State of Iowa, with its principal place of business in Dubuque, Iowa, its successors and assigns, be and are hereby authorized to build and perpetually maintain a series of sub- surface pipes for water, steam, com- pressed air, e:ectrical conduits, etc., according to the plan now on file in the Office of the City Clerk oP the City of Dubuque, Iowa, below the sur- face of Jackson Street at a point be- tween 8th and 9th Streets, the mid- dle of said series of pipes to be at a point approximately 45 feet north of the northerly property line of Sth Street. Sec. 3. This Ordinance peing deemed urgent and of immediate ne- cessity shall become effective upon its passage, adoption and approval by the City Council, acceptance thereof by the proper officers of Far- ley &Loetscher Manufacturing Com- pany, and publication as provrded by law and when the cost and expense of publication oP this ordinance shall have been paid by Farley Rc Loetscher :Vanufacturing Company. Passed upon first reading Decem- ber fith, 1948. Passed, adopted and approved on final reading [his 14th day of De- cember, A.D. 1948. FRANK VAN DUELMAN Mayor F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Members oP City Council Attest: J. J. SHEA, City Clerk ACCEPTANCE BY FARLEY & LOETSCHER h1ANUFACTURING COMPANY ORDINANCE N0. 25.48 An Ordinance granting to Farley & Loetscher Manufacturing Company of Dubuque, Iowa, its successors and assigns, the right to build and maintain a bridge across Jackson Street at a point between 8th and 9th Streets in the City of Dubuque, Iowa, and further granting said Company, its successors and assigns, the right to build and maintain a series of sub-surface pipes under the surface of .Iackson Street at a point between 8th and 9th Streets in the City of Dubuque, Iowa. Be It Ordained by the City Council of the City of Dubuque: Sec. 1. That Farley & Irtetscher Manufacturing Company, a corpora- tion organized under the laws of the State oP Iowa, with its principal place of business in the City of Dubuque, Iowa, its successors and assigns, be and are hereby authorized to build Farley & Loetscher Manufacturing Company does hereby accept al] the terms, provisions and conditions of the within Ordinance adopted by the City Council of Dubuque, Iowa, en- titled: "An Ordinance granting to Far- ley & Loetscher Manufacturing Company of Dubuque, Iowa, its successors and assigns, the right to build and maintain a bridge across Jackson Street at a point between 8th and 9th Streets in the City of Dubuque, Iowa, and further granting said Company, its successors and assigns, the right to build and maintain a series +~f sub-surface pipes under the sw•- face of Jackson Street at a point between 8th and 9th Streets in the City of Dubuque, Iowa;" being Ordinance No. 25-98, and that said Farley & Loetscher :1Ianufac- Special Session, December 14th, 1948 S 13 tnring Company dues hereby egree ro comply with all the terms and con- ditions of said Ordinance. PARLEY & LOETSCHER D1ANU- FACTURING COMPANY L'y J. M. BURGH, JR., President FREll R. LOETSCHER, Secretary (Corporate Seal) Published officially in Tha Tele- graph-Herald newspapers this 17th day of December, 1948. J. J. SHED':, 12-17-1t City Clerk Councilman Moffatt moved the adoption of the ordinance. Second- ed by Councilman Wharton. Car- ried- by the following vote: Peas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. ORDINANCE N0. 26.48 Au Ordinance granting to Farley & Loetscher Manufacturing Com- pany of Dubuque, Iowa, its succes- sors and assigns, the right to con- struct and maintain a side track from one of the tracks in Jackson Street northerly across the inter- section of 8th and Jackson Streets and northerly in Jackson Street a distance oY 102 feet from the north- erly property line of 8th Street and providing the terms and con• ditions thereof, said ordinance hav- ing been passed upon first reading on December 6th, 1948 and ordered placed on file with the City Clerk for public inspection for at least one week before its final adoption, a~as presented for final adoption. ORDINANCE N0. 26.48 An Ordinance granting to Farley & Loetscher Manufacturing Company of Dubuque, Iowa, its successors at,d assigns, the right to construct and maintain a side track frmn one of the tracks in Jackson Street northerly across the intersection of 8th and Jackson Streets and north- erly in Jackson Street a distance oY 102 feet from the northerly prop- erty line of 8th Street and provid- ing the terms and conditions thereof. Be It Ordained by the City Council of the City' of Dubuque: Sec. 1 That permission be and the same is hereby granted to Farley & Loetscher Manufacturing Company, a corporation organized under the laws of the State of Iowa, with its principal place of business in the City of Dubuque, Iowa, its successors and assigns, to lay down, operate and maintain a spur track from one of the tracks which now terminates at yhe southeasterly corner of 8th and Jack- son Streets, by extending the same northerly across the interne^.tion oY 8th and Jackson Streets and northerly in .Jackson Street 102 feet north of the northerly property line of 8th Street in the City of Dubuque, Iowa, in accord with plans now on file in the Office of the City Clerk of the City of Dubuque, Iowa. Sea 2. That in the laying down and the operation of said track, the same shall be so constructed and maintained as to create the least possible obstruction of the ordinary travel and use of the streets on and over which said track is laid; that cars shall not be allowed stand an the tracks in said streets and that the same shall be kept free for travel at all times except when it may be necessary for cars to be switched across the same or to stand thereon for purposes of loading and unloading. Sec. 3. That said track hereby au- thorized shall be lard to the estab- lished grade of 8th and Jackson Streets and should the grade of said streets be changed at any time, the said track shall be so changed as to conform to such changed grade at the expense of Farley ~ Loetscher Manu- facturing Company, and the company shall have no claim for damages against the City by reason thereof. Sec. 4. That the said Farley & Loetscher Manufacturing Company shall at all times keep the space between the rails of said track and the space to the end of the ties on each side of said track at the inter- section of 8th and Jackson Streeis paved with brick in conformity with the surrounding pavement and shall at al] times keep the remainder of said track between the rails of said track and the space to the end of the ties thereof so graded that auto- mobiles or other vehicles may easily cross aver and use all oY said space and that when required by the .",ity Council, said Farley &Loetscher Man- ufacturing Company shall plank be- tween the rails and make suitable approaches as required by the Coun- cil to enable vehicles to easily cross over the same. Sec. 5. That said track shall b? so constructed and maintained as not to dam up or obstruct the flow oP water in said streets and the said Farley & Loetscher Manufacturing CoutpanY shall at its own expense corstruct said drainage structures as may be necessary to prevent ,he damming up or obstruction of f~ow- age of the water in said streets, Sec. 6. It is further expressly stip- ulated and provided that all railroad companies now operating tracks in the City shall be entitled at any time to have their cars transferred over said track, and all intermediate tracks of said company, its successors and assigns, which may be necessary to be used in order to connect with the track hereby authorized upon the payment oP such switching charges which may be uniformly applied with- in this City and accepted as reason- ahle between railroad companies op- erating within the City. Sec. 7. That said Farley ~ Loet- scher Manufacturing Company shall at al] times support said track at the expense of said Farley & L~~et- scher Manufacturing' Company as may be required in the future because aY 514 Special Session, December 14th, 1948 any municipal utility construction in said streets. Sec. 8. This Ordinance being deem- ed urgent and of immediate necessity, shall become effective upon its pass- age, adoption and approval by tha City Council and Publication as pro- vided by law and the rights herein granted shall accrue to said Farley Rc Loetscher Manufacturing Company when this Ordinance has been ac- ce~pted by said Farley ~ Loetsrher Manufacturing Company, which ac- ceptance shall be endorsed herein, and when the costs and expense ~~f publishing same have been Paid by said Farley &Loetscher Manufactur- ing Company, and when the injuries and damage to property abutting upon said streets have been ascertained and compensated fur, and record hold- ers of liens and encumbrances there- on have filed with this Council their consent to the construction and op- eration of such track and waivers and releases of any damages which may be sustained by them on account of the construction and operation of the same. Passed upon first reading Decem- ber 6th, 1948. Passed, adopted and approved o^ final reading this 14th day of De- cember, A. D. 1943. FRANK VAN DUELMAN Mayor F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOI'FATT Members of City Council Attest: J. J. SHEA, City Clerk ACCEPTANCE BY FARLEY & LOF.TSCHER MANUFACTiJRING COMPANY Farley & Loetscher Manufacturing Company does hereby accept all the terms, provisions and conditions of the within Ordinance adopted by the City Council of Dubuque, Iowa, entitled: "An Ordinance granting to Far- ley & Loetscher Manufacturing Conpany of Dubuque, Iowa, its successors and assigns, the right to construct and maintain a side track from one of the tracks in Jackson Street northerly across the intersection of 8th and Jack- son Streets and northerly in Jack- son Street a distance of 102 feet from the northerly property line oP 8th Street and providing the terms and conditions thereof;" being Ordinance No. L6-48, and that said Farley Rc Loetscher Manufactur- ing Company does hereby agree to comply with all the terms and ~:on- ditions of said Ordinance. FARLEY & LOETSCHER MANU- FACTURING COb1PANY By J. M. BURCH, JR., President FRED R. LOETSCHER, Secretary (Corporate Seal) Published officially in The Tele- graph-Herald newspaper this lith day of December, 1948. J. J. SHEA, 12-17-1t City Clerlc Councilman Wharton moved the adoption of the ordinance. Second- ed by Councilman Thompson. Car- ried by the fallo~ing vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. ORDINANCE N0, 27 • 48. An Ordinance prohibiting the sale of, gift to, or exhibition to minors under eighteen years of age publications featuring indecent pictures ar depicting crimes or deeds of violence, bloodshed or lust, repealing all ordinances in conflict herewith and prescribing a penalty for the violation hereof, presented and read. Councilman Thompson moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Murphy. Carried by the following vote: Yeas - Diayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. Councilman Thompson moved that the rules be suspended re• quiring an ordinance to be read on three separate days. Seconded by Councilman Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. Councilman Thompson move d that the ordinance be placed on File with the City Clerk for public inspection for at least one week before its final adoption. Seconded by Councilman Murphy. Carried by the following vote: Yeas - Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. 7 December, 1948. Honorable Mayor and Members of the City Council of the City of Dubuque, Iowa. Gentlemen: With reference to the claim of The Hawks Incorporated for dam- ages in the amount of $50.00 sus- tained to its airplane on or about October 24th, 1948 when the air• plane was taxiing to a parking Special Session, December 14th, 1448 515 spot on the sod and the front wheels of the airplane fell into a ditch causing the damages com• plained of, the 1946 Code of Iowa provides as follows: "330.15 Deemed as public use. Any property acquired, owned, controlled, or occupied for the purposes enumerated in this chapter, shall be and is hereby declared to be acquired, owned, controlled, and occupied for a public purpose and as a matter of public need, .and the liability of any city or town in connec- tion therewith shall b e n o greater than that imposed upon municipalities in the mainten- ance and operation of public parks." (Title of Chapter 330- Airports) The Supreme Court in the case of Abbott v. Des Moines, 230 Iowa 494, at page 499 has stated as follows: "In defining the liability of a city in the maintenance and operation of a public park, we stated in Smith v. Iowa City, 213 Iowa 391, 394, 239 N. W. 29, 30, as follows: "The construction and mainten- ance of a public park by a municipality has been repeated- ly held in this state to be a purely governmental function. Norman v. City of Chariton, 201 Iowa 279; Mocha v. City of Cedar Rapids, 204 Iowa 51; Hensley v. Inc. Town, 203 Iowa 388; Rowley v. Cedar Rapids, 203 Iowa 1245. "'The rule long established in this state is that a municipality in the exercise of its purely governmental function, is not liable for negligence. Saunders v. City of Fort Madison, 111 Iowa 102; Ford v. Board Park Commissioners, 148 Iowa 1 ,._...' It is my opinion that there can be no recovery on the claim herein, and I recommend that the same be denied. Yours truly, JOHN J. KINTZINGER City Solicitor 1107 American Trust Bldg. Dubuque, Iowa. Councilman Wharton moved that the recommendation of City Solicit• or Kintzinger be approved. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. 8 December, 1948. Tri~State Products Co. 280 1-2 Main Street Dubuque, Iowa Gentlemen: Your letter of November 30, 1948 addressed to the Mayor and City Council of the City of Dubuque in regard to the permanency of your operations in the City of Dubuque has been turned over to me for answer. Any person, firm or corpor- ation has a right to do business in the City of Dubuque as long as they desire, so long as they comply with the ordinances of the City of Dubuque and the statutes of the State of Iowa. Yours truly, JOHN J. KINTZINGER City Solicitor 1107 American Trust Bldg. Bldg. Dubuque, Iowa. 8 December, 1948. Honorable Mayor and Members of the City Couneil of the City of Dubuque, Iowa Gentlemen: Enclosed please find a copy of a letter that I have forwarded to the Tri-State Products Co with reference to the permanency of that company's operations in the City of Dubuque. Yours truly, JOHN J. KINTZINGER City Solicitor 1107 American Trust Bldg. Dubuque, Iowa. Councilman Moffatt moved that the communication oY Gity Solicitor Kintzinger be received and filed. Seconded by Councilman Wharton. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. rr~+ll~l 516 Special Session, December 14th, 194.8 December 14, 1948. Honorable Mayor and Members of the City Council of Dubuque Gentlemen: With reference to the claim of Edith Groff Yor damages for person- alinjuries received on October 6th, 1947, that she was walking to her work on the sidewalk on Univer• city Avenue in front of 1789 Uni- versity Avenue and that she tilp- ped over a block of cement on the sidewalk which was raised by tree roots about four inches and fell to the cement sidewalk, at which time she received serious and per- manent injuries, that she sustaiu- ed loss of time, expenses for med- ical and surgicalcare and attention, expenses of dentist and nose ex- pert, hospital expenses, and other expenses. That her face struck the sidewalk, and she received injuries to her lips, chin, and upper edge oY the root of one of the teeth was chipped off, and infection set in at said place, and in addition thereto, she received a fracture of her nose. That she also received a comminu• ted fracture of her left wrist, That she suffered dizziness and pain on top of her head and forehead for a long time after the injury. That her nose is disfigured and practio- ally closed on one side and is giving her trouble. That she is a music teacher at the University of Dubuque and is now handicapped in the performance of her work. That her back was sprained to such an extent that she is re- quired to wear supports on her back and will so be required for the next two years. That the actual expenses, including the hospital, the various doctors, the loss of time, the medicine and equipment, that she has been required t o obtain, and the loss of clothing is somewhere in the neighborhood of about $900.00. Claimant is of the opinion that she should be awarded some sum for pain and suffering. After discussion of this matter with her at different times, she has agreed to accept $1200.00 in full payment of her claim against the City in this case. I recommend that the claim be allowed in the sum of $1200.00 and that a warrant be issued pay- able to her order for said amount and delivered to her upon delivery to the City of a release properly executed by her. Yours truly, JOHN J. KINTZINGER. City Solicitor. Councilman Thompson moved that the recommendation of City Solicitor Kintzinger be approved and the City Auditor instructed to draw a warrant in the amount of $1200.00 in favor of Edith GrofY, as settlement in full of her claim, and that said warrant be deliver- ed upon receipt by the City of Dubuque of a properly executed release. Seconded by Councilman Murphy. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays - None. Councilman Murphy moved that the Mr. Fred E. Neyens be re- appointed as a member of the Board of Dock Commissioners for a term of three years, said term expiring November 26th, 1951. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. RESOLUTION N0. 258 48. WHEREAS, application for Class "B" Beer Permit has been sub- mitted to this Council for approval and the same has been examined: NOW, THEREFORE, BE IT RESOLVED by the Coun- cil of the City of Dubuque that the following application be grant- ed and the license is to be issued upon the compliance with the terms of the ordinances of this City. CLASS "B" PERMIT NAME AND ADDRESS Robert A Lange, 2616 Windsor Ave. Special Session, December 14th, 1948 517 Passed, adopted and approved this 14th day of December, 1948. FRANK VAN DUELMAN' Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA. City Clerk Councilman Thompson move d the adoption of the resolution. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. RESOLUTION N0. 259 - 48. WHEREAS, heretofore applica- tion for Class "B" Beer Permit was filed by the within named applicant and it has received the approval of this Council; and WHEREAS, the premises to be occupied by such applicants have been inspected and found to com- ply with the ordinances of this City and they have filed a proper bond: NOW, THEREFORE, BE IT RESOLVED by the Coun- cil of the City of Dubuque that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. CLASS "B" PERMIT NAME AND ADDRESS Robert A. Lange, 2616 Windsor Avenue. BE IT FURTHER RESOLVED that the bond filed by such ap- plicant be and the same is hereby approved. Passed, adopted and approved this 14th day of December, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA. City Clerk. Councilman Thompson move d the adoption of the resolution. Sec- onded by Councilman Moffatt. Carried by the following vote: Yeas - IVlayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. RESOLUTION N0. 260 - 48. BE IT RESOLVED by the City Council of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City. NAME AND ADDRESS May M. Winter, 1398 White Street (Effective 1.1-49) BE IT FURTHER RESOLVED that the bond filed with the ap- plication be approved. Passed, adopted and approved this 14th day of December, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Moffatt moved the adoption of the resolution. Second- ed by Counci]man Wharton. Car- ried by the fallowing vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. There being no further business Councilman Thompson moved to adjourn. Seconded by Councilman Murphy. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. J. J. SHEA City Clerk. Approved .................................. 1949 Adopted .................................... 1949 Councilmen: j Attest : .................................................. City Clerk.