1944 April Council Proceedings-_ ~_ ~:
Regular Session, April 3rd, 19=1 55
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(®fificial)
Regular Session, April 3rd, 1944.
Council met at 7:30 P. N1.
Present-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton, City Manager Rhom-
berg.
Mayor Murphy stated that this is
the regular monthly meeting of the
City Council, and also the first
meeting of the fiscal year for the
transaction of such business as may
properly come before the meeting.
City Clerk J. J. Shea swore in
Messrs. Frank W. Thompson, Frank
Van Duelman and Albert Wharton
as Councilmen for the term com-
mencing the first Monday in April,
1944.
Councilman Thompson m o v e cl
that Councilman W. W. Moffatt be
elected Mayor for the ensuing fiscal
year. Seconded by Councilman Van
Duelman. Carried by the following
vote:
Yeas-Mayor Murphy, Council-
men Thompson, Van Duelman,
Wharton.
Nays-None.
Councilman Moffatt not voting.
City Clerk J. J. Shea then swos•e
in the new Mayor, whereupon May-
or Moffatt took the Mayor's chair.
Resolution No. 23-44
A Resolution providing for the
appointment of officers of the City
of Dubuque.
Be It Resolved by the City Coun-
cil of the City of Dubuque that the
following officers be appointed, sub-
ject, however to the right of the
Council to declare such offices va-
cant or remove the officers there-
from at the pleasure of the Council
with or without cause, and to be
paid the compensation provided for
in the budget:
City Manager-A. A. Rhomberg.
City Solicitor-John J. Kiutz-
ing'er.
City Clerk-J. J. Shea.
Police Judge-Louis Fautsch.
City Assessor-Harry J. Hanover.
Passed, adopted and approved this
3rd day of April, 1944.
W. W. MOFFATT,
Mayor.
F. W. THOMPSON,
FRANK VAN DUELMAN,
GEO. R. MURPHY,
ALBERT WHARTON,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Van Duelman moved
the adoption of the resolution. Sec-
onded by Councilman Wharton.
Carried by the following vote:
Yeas-Mayor Moffatt, Council-
men Murphy, Thompson, Van Duel-
man, ZVharton.
Nays-None.
Mayor Moffatt then swore in the
newly appointed officers: City Man-
ager A. A. Rhomberg, City Solicitor
John J. Kiutzinger, City Clerk J. J.
Shea, Police Judge Louis Fautsch,
City Assessor Harry J. Hanover.
April 3, 1944.
To the Honorable Mayor and
City Council, Dubuque, Iowa.
Gentlemen: As City Manager of
the City of Dubuque, the uncler-
signed begs to advise your Honor-
able Body that all officers and em-
ployees whom he has the power to
appoint, who are now serving and
acting in their respective capacities
and assisting in the orderly admin-
istration of the City Government of
this City and of the various depart-
ments thereof, said officers and em-
ployees being under my supervision,
direction and control and their ap-
pointments continuing at the pleas-
ure of the Manager, shall be paid
salaries in accordance with the bud-
get approved by the City Council.
Respectfully submitted,
A. A. RHOMBERG,
City Manager.
Councilman Van Duelman moved
that the conununication of City
Manager Rhomberg be received and
made a matter of record. Seconded
by Councilman Wharton. Carried
by the following vote:
Yeas-Mayor Moffatt, Council-
men Murphy, Thompson, Van Duel-
man, Wharton.
Nays-None.
Resolution No. 24-44
A resolution selecting the official
newspaper of the City of Dubuque.
Be It Resolved by the City Coun-
cil of the City of Dubuque that the
Telegraph-Herald, a daily news-
paper of general circulation in the
City of Dubuque, be and it is hereby
designated and appointed the offic-
ial newspaper of said City.
Passed, adopted and approved
this 3rd clay of April, 1944.
W. W. MOFm ATT,
Mayor.
F. ~V. THOMPSON,
FRANK VAi~I DUELMAN,
GEO. R. MURPHY,
ALBERT WHARTON,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
56
Regular Session, April 3rd, 19'1=1
Councilman Van Duelman moved
the adoption of the resolution. Sec-
onded by Councilman Thompson.
Carried by the following vote:
Yeas-Mayor Moffatt, Council-
' men, Murphy, Thompson, Van Duel-
man, tiVharton.
Nays-None.
Resolution No. 25-44
A resolution designating the de-
positories for Public funds of the
City of Dubuque.
Be It Resolved by the City Coun-
cil of the City of Dubuque that the
following banks be appointed de-
positories of the public funds, and
the City Treasurer is hereby auth-
orized to distribute such funds in
such banks in amounts not to ex-
ceed the following: First National
Bank, $200,000.00; American Trust
and Savings Bank, $175,000.00; Du-
buque Bank and Trust Company,
$125,000.00.
Bo It Further Resolved that the
City Treasurer be and he is hereby
directed to file with the County
'Treasurer of Dubuque County, Iowa,
a list of such depositories and to
keep such list on file with such
County Treasurer at all times.
Passed, adopted and approved
this 3rd day of April, 1944.
W. W. MOFFATT,
Mayor.
F. W. THOMPSON,
FRANK VAN DUELMAN,
GEO. R. MURPHY,
ALBERT WHARTON,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Murphy moved the
adoption of the resolution. Second-
ed by Councilman Wharton. Carried
by the following vote:
Peas-1\Iayor Moffatt, Council-
men Murphy, Thompson, Van Duel-
man, Wharton.
Nays-None.
Resolution No. 26-44
A resolution appointing the Board
of Review and fixing the compensa-
tion of the members thereof.
Be It Resolved by the City Coun-
cil of the City of Dubuque that the
following named persons be ap-
pointed the Board of Review of the
City of Dubuque for the year 1944:
John H. Weimer, Thomas J. Hill
and Joseph M. Conley.
Be It Further Resolved that each
of the above named members of
said Board of Review be paid the
sum of $200.00 in full compensation
of all services to be rendered by
them in the performance of their
duties, said sum to be paid from the
Consolidated Fund.
Passed, adopted and approved
this 3rd day of April, 1944.
tiV. W. MOFFATT,
Mayor,
F. W. THOMPSON,
FRANK VAN DUELMAN,
GEO. R. MURPHY,
ALBERT WHARTON,
Councilmen.
Attest: J. J. SHEA,
City Clerk .
Councilman Thompson moved the
adoption of the resolution. Second-
ed by Councilman Van Duelman.
Carried by the following vote:
Yeas-Mayor Moffatt, Council-
men NTurphy, Thompson, Van Duel-
man, Wharton.
Nays-None.
Councilman Van Duelman 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
tiVharton. Carried by the following
vote:
Yeas-Mayor Moffatt, Council-
men Murphy, Thompson, Van Duel-
. man, Wharton.
I Nays-None.
Mr. Arthur A. Meyer, represent-
ing the Dubuque Safety Council, ad-
dressed the Council and submitted
for Council consideration written
request of the Traffic Ordinance
Committee of the Dubuque Safety
Council concerning the new Traffic
Ordinance.
Councilman Murphy moved that
the communication and written re-
quests be referred to the Council
for consideration. Seconded by
Councilman Vau Duelman. Carried
by the following vote:
Yeas-Mayor Moffatt, Council-
men Murphy, Thompson, Van Duel-
man, Wharton.
Nays-None.
Conununication of Harry M. Funk,
Police Officer, advising that he has
been inducted into the military ser-
vice of the United States under the
Selective Service Draft and re-
questing cleave of absence as pro-
vided for by Resolution No. 14-41,
presented and read.
Councilman Van Duelman moved
that the request be granted and
made a matter of record. Seconded
by Councilman Murphy. Carried by
the following vote:
Yeas-Mayor Moffatt, Council-
men Murphy, Thompson, Van Duel-
man, Wharton.
Nays-Noce.
Regular Session, April 3rd, 1944 57
Conuuunicatiou of the Order of
Ahepa, Chapter No. 261, extending
a cordial invitation to the City
Council 'to participate in their pro-
gram and marathon dinner to be
held at the Masonic Auditorium on
April 20th, 1944, presented and
read.
Councilman Van Duelman moved
that the invitation be accepted and
the Order of Ahepa to be informed
of the acceptance by the City Coun-
cil of their cordial invitation. Sec-
onded by Councilman Murphy. Car-
ried by the following vote:
Yeas-Mayor Moffatt, Council-
men Murphy, Thompson, Van Duel-
man, Wharton.
Nays-None.
Communication of the Continen-
tal Casualty Company with enclosed
Certificate of Compliance showing
that they have qualified for the
transaction of Fidelity and Surety
business in the State of Iowa for
the year ending March 31st, 1945,
presented and read.
Councilman Thompson move d
that the communication and Cer-
tificate of Compliance be received
and placed on file. Seconded by
Councilman Van Duelman. Carried
by the following vote:
Yeas-Mayor Moffatt, Council-
men Murphy, Thompson, Van Duel-
man, Wharton.
Nays-None.
Petition of Harry J. Jacquinot re-
questing arefund in the amount of
$25.00 on the unexpired portion of
his Cigarette Permit No. 125 as he
has discontinued business as of
March 31, 1944, presented and read.
Councilman Thompson move d
that the request be granted and the
City Auditor instructed to draw a
warrant in the amount of $25.00 in
favor of Harry J. Jacquinot to cover
the amount of refund granted on the
unexpired portion of his Cigarette
Permit No. 125. Seconded by Coun-
cilman Murphy. Carried by the fol-
lowing vote:
Yeas-Mayor Moffatt, Council-
men Murphy, Thompson, Van Duel-
man, Wharton.
Nays-None.
Petition of Wm. Barrington and
Glen Miller requesting a refund in
the amount of $100.00 on the un-
expired portion of their Class "B"
Beer Permit No. 115 as they have
dissolved partnership as of March
1, 1944, presented and read.
Councilman Thompson move d
that the request be granted and the
City Auditor instructed to draw a
warrant in the amount of $100.00
in favor of Wm. Barrington and
Glen Miller to cover the amount of
refund granted on the unexpired
portion of their Class "B" Beer Per-
mit No. 115. Seconded by Council-
man Van Duelman. Carried by the
following vote:
Yeas-Mayor Moffatt, Council-
men Murphy, Thompson, Van Duel-
man, Wharton.
Nays-None.
Communication of Louis J. Vogel
submitting a supplement to letter
of February 21, 1944, and submit-
ting claim for injuries in the amount
of $750.00, presented and read.
Councilman Van Duelman moved
to refer the conununication to the
City Solicitor for investigation and
report. Seconded by Councilman
Murphy. Carried by the following
vote:
Yeas-Mayor Moffatt, Council-
men Murphy, Thompson, Van Duel-
man, Wharton.
Nays-None.
Petition of Mrs. Bernice Kunz re-
questing arefund in the amount of
$50.00 on the unexpired portion of
her Class "B" Beer Permit 93 as she
has discontinued business as of
April 3rd, 1944, presented and read.
Councilman Murphy moved that
the request be granted and the City
Auditor instructed to draw a war-
rant in the amount of $50.00 in fa-
vor of Mrs. Bernice Kuuz to cover
the amount of refund granted on
the unexpired portion of her Class
"B" Beer Permit No. 93. Seconded
by Councilman Thompson. Carried
by the following vote:
Yeas-Mayor Moffatt, Council-
men Murphy, Thompson ,Van Duel-
man, Wharton.
Nays-None.
Petition of the Zumhof Insurance
Agency requesting cancellation of
the Class "B" Beer Bond of Mrs.
Bernice Kunz as she has discon-
tinued business as of April 3, 1944,
presented and read.
Councilman Murphy moved that
the request be received and ordered
complied with, Seconded by Coun-
cilman Van Duelman. Carried by
the following vote:
Yeas-Mayor Moffat, Council-
men Murphy, Thompson, Van Duel-
man, Wharton.
Nays-None.
Communication of Bert L. Wood-
cock, Director Division of Safety
Education, Department of Public
Safety, Des Moines, Iowa, extend-
ing invitation to the Mayor to at-
tend the All-Iowa Traffic Safety
Contest Awards Dinner to be held
at Des Moines, Iowa, on April 7,
1944, presented and read.
" I;
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~°
!'? .: ;
8 Regular Session, April 3rd, 19~W-
Councilman Wharton moved to tiou of the alley they sustained the
i' refer the communication to the damages complained of.
Council. Seconded by Councilman I recommend that the claim in
'!
Van Duelman. Carried by the fol-
the amount of $12.G5 be allowed,
},
,
: lowing vote: that a warrant be issued therefor
. Yeas -Mayor Moffatt, Council- and delivered to them upon deliv-
men Murphy, Thompson, Van Duel- ery to the City of a proper release.
man, Wharton. Respectfully submitted,
Nays-None. JOHN J. KINTZINGER,
Proof of publication, certified to City Solicitor.
i;.° by the publishers, of the official Councilman Van Duelman moved
>'!'` ~ publication of Ordinance No. 2-44. that the reconunendation of City So-
An Ordinance making appropria- licitor Kintzinger be approved and
tions for the expenditures of city the City Auditor to be instructed to
#,' government of the City of Dubuque, draw a warrant in the amount of
Iowa, for the fiscal year beginning $12.65 in favor of Mrs. Alfred Reh-
~ April 1, 1944, and ending March 31,
feldt as settlement in full of her
' ~ 1945 resented and read.
, P
claim and that said tivarraut be de-
3 ~ Councilman Van Duelman moved
livered upon receipt by the City of
' that the proof of publication be re- Dubuque of a Properly executed re-
.,;I" ceived and filed. Seconded by Coun- lease. Seconded by Councilman
?i"C; cihuan Murphy. Carried by the fol-
Murphy. Carried by the following
i'.',~ ' lowing vote: vote:
;!',s I Yeas-Mayor Moffatt, Council- yeas-Mayor Moffatt, Council-
~:;i' men Murphy, Thompson, Van Duel-
men Murphy, Thompson, Van Duel-
i;'` ~ ~ man, Wharton. man, Wharton.
s , .,. ,
;,;' - Nays-\TOne.
Nays-None.
"~ March 29. 1944.
March 29, 1944.
i ' i Honorable Mayor and City Council, Honorable Mayor and City Council,
_ ! -~
1 , ;' City of Dubuque, Iowa. City of Dubuque, Iowa.
;'~~ ! '' Gentlemen: In re: PETITION In re: Claim of Ronald Howard.
~~ ~,, ;; I OF SARAH KOEHLER for suspen- Gentlemen: With reference to
Sion of taxes on Jackson School I have investigated
the above claim
j'',I`. Sub. Lot 15, asking that the 1943 ,
this matter and find that the coudi-
i' tax be suspended because of dis- tiou of the spot on 3rd Street where
'.' ' r, ability. claimant fell was a dangerous place
j i'. .
~ '~ ~
~ ~ I recommend that said Petition en the day in question, that there
,
i ~ ~ ~ should be approved by the City is an iron grate crossing the side-
'', I' Council of the City of Dubuque and walk at' this point which is some-
i';' ~' '' that notification of the reconllnen- what different than the other grates
{, : (" I
~','
',
I
lotion of the Petition of Sarah
on 3rd Street. NIr. Howard sustain-
'
' "
' Iioehler be given to the Board of ed a broken wrist, because of which
' °
~ Supervisors of Dubuque County, he was compelled to engage the ser-
, ~~
~!''`
" Iowa. vices of a physician. He claims
{
," ' ~'~, ~ Yours truly, $75.00 to $100.00 for medical ex-
"'~' G'' ' I
~'
''!` JOHN Z KINTZINGER, penses and lost wages in about the
;
~ , , ,~,, City Solicitor. amount of $200.00. He has agreed
~ to accept $150.00 in full settlement
,
`; ~, '!' Councilman Murphy moved that of his claim,
':'
;,- 'I ~ the recouuneudation of City Soli-
I reconuneud that the claim be
~,;,_,' (' '~ citor Kiutzinger be approved and allowed in the amount of $150.00,
~ (', ;"' i
~ the Board of Supervisors to be no- that a warrant be made payable to
~ :, ' tified of Council's action. Seconded him for that amount and delivered
~: ,, ,; ~'„ ~', by Councilman Wharton. Carried to him upon delivery to the City of
3-'" '
~ by the following vote:
a Release properly executed by him.
,
. !"'
~~
~~~' '~
~~'' Yeas-Mayor Moffatt, Council-
Yollr6 tl'Uly,
,
,
,
_ j,
'' men Murphy- Thompson, Van Duel-
JOHN J. KINTZINGER,
'
~~ ! man, VJhartou• City Solicitor.
,, ~ Nays-None.
'i ~! April 1, 1944. Councilman Murphy moved that
I
' Honorable Mayor and City Council, the recommendation of City Solic-
,
k City of Dubuque, Iowa. itor Kintzinger be approved and the
'
' In re: Claim of Mrs. Alfred City Auditor to be instructed to
draw a warrant in the amount of
~ ,,
~!'
{' '
! Rehfeldt.
Gentlemen: I have investigated 150.00 in favor of Ronald Howard
$
this claim and find that the alley as settlement in full of his claim
~i
~ was iu a bad condition where this and that said warrant be delivered
- accident happened, almost impass- upon receipt by the City of Dubuque
4
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~' i i-
col d
f he
use o t
h beta
le and t at
ab
of a properly executed release. Sec-
I
Regular Session, April 3rd, 1944 59
onded by Councilman Van Duelman. j $50.00 in cash be and the same is
Carried by the following vote:
Yeas-Mayor Moffatt, Council-
men Murphy, Thompson, Van Duel-
man, Wharton.
Nays-None.
April 3, 1944.
To the Honorable Mayor and
City Council, Dubuque, Iowa.
Gentlemen: At the session of the
City Council of March 28, 1944, the
communication of County Auditor
Daykin advising that the Board of
Supervisors had accepted an offer
of $50.00 made by Thomas Fleisch-
man for the East 80 feet of Lot 5 of
Barry's Sub. was referred to the
Council to view the grounds.
The Council decided to approve
the sale on April 2, 1944. I recom-
mend that the decision of the Coun-
cil be confirmed and the sale of the
real estate approved by the passage
of the attached resolution.
Respectfully submitted,
A. A. RHOMBERG,
City Manager.
Councilman Van Duelman moved
that the recommendation of City
Manager Rhomberg be approved
and the decision of the Council con-
firmed. Seconded by Councilman
Thompson. Carried by the foliow-
ing vote:
Yeas-Mayor Moffatt, Council-
' men Murphy, Thompson, Van Duel-
man, Wharton.
Nays-None.
Resolution No. 27-44
Whereas, the East 80 feet of Lot
5 of Barry's Subdivision in the City
of Dubuque, Dubuque County, Iowa,
was sold on February 3, 1936, to Du-
buque County, Iowa, by the County
Treasurer of Dubuque County, Iowa,
for the delinquent taxes and unpaid
taxes against the real estate for the
years 1929 to 1934, inclusive; and
Whereas, the said Dubuque Coun-
ty, Iowa, desires to sell the above
described real estate to Thomas
Fleischman for $50.00; and
Whereas, the sale of said prop-
erty by Dubuque County, Iowa, to
Thomas Fleischman for a sum less
than the total amount stated in the
Tax Certificate, including all en-
dorsements of subsequent general
taxes, interests and costs, requires
the written approval of a majority
of all the tax-levying and tax-certi-
fying bodies having any interest in
said general taxes; Now, Therefore,
Be It Resolved by the City Coun-
cil of the City of Dubuque, Iowa,
that the sale of said property to
Thomas Fleischman for the sum of
hereby authorized and approved.
Passed, adopted and approved
this 3rd day of April, 1944.
W. W. MOFFATT,
Mayor.
F. W. THOMPSON,
FRANK VAN DUELMAN,
GEO. R. MURPHY,
ALBERT WHARTON,
Councilmen.
Councilman Murphy moved the
resolution. Seconded by Council
man Wharton. Carried by the fol-
lowing vote:
Yeas-Mayor Moffatt, Council-
men Murphy, Thompson, Van Duel-
man, Wharton.
Nays-None.
April 3, 1944.
To the Honorable Mayor and
City Council, Dubuque, Iowa.
Gentlemen: This is to advise
that I have approved the following
bond and policies and desire to have
your approval ou same for filing:
EXCAVATION
Key City Gas Company, 669 Main
Street; Bond No. 735673, The Fi-
delity & Casualty Co. of New York.
Seubert & Fesler, 1603 Central
Avenue; Policy No. 80080, Employ-
ers Mutual Casualty Co.
TAXICAB
Joseph J. Even (Black and White
Cab Co.), 410 Eighth Avenue; Pol-
icy No. V16-47, Iowa Mutual Cas-
ualty Co.
Respectfully submitted,
A. A. RHOMBERG,
City Manager.
Councilman Thompson move d
that the bonds be approved and
placed on file. Seconded by Coun-
cilman Van Duelman. Carried by
the following vote:
Yeas-Mayor Moffatt, Council-
men Murphy, Thompson, Van Due1-
mau, Wharton.
Nays-None.
April 3, 1944.
To the Honorable Mayor and
City Council, Dubuque, Iowa.
Gentlemen: At the session of the
City Council of March 21, 1944, the
petition of the Rooster Mills Com-
pany requesting permission to move
thirty-two feet of curb along the
easterly side of the alley between
Maize and Iowa Streets and between
First and Second Streets in order
to extend an industrial railway
track was referred to the City Coun-
cil to view the grounds.
The Council viewed the site on
April 2nd and looked with favor on
the petition. On the morning of
April 3rd a representative of the
is
:.a, `,
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;:;:
60 Regular Session, April 3rd, 1944
,,
[ I,
':
i
Chicago, Milwaukee, St. Paul & Pa-
cific Railroad Company presented a
somewhat different method of ac-
complishing the track extensions.
To do this requires a change in the
grade ordinance as well as permis-
sion to construct the track which
will be partly on the public alley.
I reconmiend that two ordinances
be passed, one granting the right to
construct and maintain the track
and the other changing the alley
grade.
Respectfully submitted,
A. A. RHOMBERG,
City Manager.
Councilman Murphy moved that
the recommendation of City Man-
ager Rhomberg be approved and the
decision of the Comicil confirmed.
Seconded by Councilman Thomp-
son. Carried by the following vote:
Yeas-Mayor Moffatt, Council-
men Murphy, Thompson, Van Duel-
mau, Wharton.
Nays-Nmie.
April 3, 1944.
To the Honorable Mayor and
City Council, Dubuque, Iowa.
Gentlemen: At the session of the
City Council of March 28, 1944, the
petition of the E. E. Frith Company,
Inc., requesting permission to con-
struct a railroad track in Lynn
Street in accordance with an at-
tached plat was referred to the
Council to view the grounds.
The Council viewed the site on
April 2nd and considered all the
phases of the situation. Herewith
submitted is an ordinance granting
the right to construct the track
when the injury and damages to
property abutting on the streets in
question have been ascertained and
compensated for or when the record
owners or record lien holders filed
their consent to such construction
with the Council.
Respectfully submitted,
A. A. RHOMBERG,
City Manager.
Councilman Wharton moved that
the communication of City Manager
Rhomberg be received and made a
matter of record. Seconded by
Councilman Van Duelmau. Carried
by the following vote:
Yeas-Mayor Moffatt, Council-
men Murphy, Thompson, Van Duel-
mau, Wharton.
Nays-None.
Ordinance No. 3-44
SPECIAL ORDINANCE. Ordinance
No. 3-44. An Ordinance granting
to Henry A. Scandrett, Walter J.
Cummings and George I. Haight, as
Trustees of the property of Chicago,
Milwaukee, St. Paul & Pacific Rail-
road Company, their successors and
assigns, the right to construct,
maintain and operate an industry
spur track in and across Lynu
Street and East 19th Street from
the North property line of East 17th
Street northerly along Lynn Street
to the South line of East 19th Street
and thence aross East 19th Street
to the North line of East 19th
Street, and declaring an emergency,
presented and read.
Councilman Thompson move d
that the reading just had be con-
sidered the first reading of the Or-
dinance. Seconded by Councilman
Van Duelmau, Carried by the fol-
lowing vote:
Yeas-Mayor Moffatt, Council-
men Murphy, Thompson, Van Duel-
mau, Wharton.
Nays-None.
Councilman Thompson moved that
the rules be suspended requiring an
ordinance to be read on three sep-
arate days. Seconded by Council-
man Van Duelmau. Carried by the
following vote:
I eas-Mayor Moffatt, Council-
men Murphy, Thompson, Van Duel-
mau, Wharton.
Nays-None.
Councilman Thompson move d
that the Ordinance be placed on file
with the City Clerk for public in-
spection for at least one week be-
fore its final adoption. Seconded by
Councilman Murphy Carried by
the following vote:
Yeas-Mayor Moffatt, Council-
men Murphy, Thompson, Van Duel-
mau, Wharton.
Ir'ays-None.
April 3, 1944.
To the Honorable Mayor and
City Council, Dubuque, Iowa.
Gentlemen: The attached letter
of March 29th has been received
from the Auditor of State with ref-
erence to official bonds. It appears
the Council has prescribed the
amounts of official bonds by resolu-
tion while Section 1068 of the Code
provides that it be done by Ordi-
nance. The 49th General Assembly
amended Section 1059 relating to
the conditions of bonds of public
officers by saying: "The attach-
ment of a renewal certificate to an
existing bond shall not constitute
compliance tivith this section."
In order to clarify the situation,
I recommend the attached ordi-
nance for your consideration.
Respectfully submitted,
A. A. RHOMBERG,
City Manager.
Councilman Murphy moved that
the recommendation of City Man-
ager Rhomberg be approved. Sec-
Regular Session, April 3rd, 1944 61
onded by Councilman Wharton.
Carried by the following vote:
Yeas-Mayor Moffatt, Council-
men Murphy, Thompson, Van Duel-
man, Wharton.
Nays-None.
Ordinance No. 4-44. An Ordi-
nance prescribing the bonds of mu-
nicipal officers presented and read.
Councilman Thompson move d
that the reading just had be con-
sidered the first reading of the ordi-
nance. Seconded by Councilman
Van Duelman. Carried by the fol-
lowing vote:
Yeas-Mayor Moffatt, Council-
men Murphy, Thompson, Van Duel-
man, Wharton.
Nays-None.
Councilman Thompson move d
that the rules be suspended requir-
ing an ordinance to be read on three
separate days. Seconded by Coun-
cilman Van Duelman. Carried by
the following vote:
Yeas-Mayor Moffatt, Council-
men Murphy, Thompson, Van Duel-
man, Wharton.
Nays-None.
Councilman Thompson move d
that the Ordinance be placed on file
with the City Clerk for public in-
spection for at least one week be-
fore its final adoption. Seconded by
Councilman Wharton. Carried by
the following vote:
Yeas-Mayor Moffatt, Council-
men Murphy, Thompson, Van Duel-
man, Wharton.
Nays-None.
Resolution No. 28}4
Be It Resolved by the City Coun-
cil of the City of Dubuque that the
following, having complied with the
provisions of law relating to the
sale of cigarettes within the City of
Dubuque, be granted a permit to
sell cigarettes and cigarette papers
within said City, and the Manager
is directed to issue such permit on
behalf of said City.
Name. Address.
John J. Ward, 1876 Central
Avenue.
Be It Further Resolved that the
bond filed with the application be
approved.
Passed, adopted and approved
this 3rd day of April, 1944. z
W. W. MOFFATT,
Mayor.
F. W. THOMPSON,
FRANK VAN DUELMAN,
GEO. R. MURPHY,
ALBERT WHARTON,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Murphy moved the
adoption of the resolution. Seconded
by Councilman Thompson. Carried
by the following vote:
Yeas-Mayor Moffatt, Council-
men Murphy, Thompson, Van Duel-
man, Wharton.
Nays-None.
Resolution No. 294
Whereas, applications for Class
"B" Beer Permits have been sub-
mitted to this Council for approval
and the same have been examined:
Now, Therefore,
Be It Resolved by the Council of
the City of Dubuque that the fol-
lowing applications are granted and
the licenses are to be issued upon
compliance with the terms of the
ordinances of this City.
CLASS "B" PERMIT
Name. Address.
Iona Conner and Ray Conner,
1322 Central Avenue.
Joseph Walsh and Helen Walsh,
21 West 7th Street.
Lester A. Wieser and Adele Wie-
ser, 1902 Central Avenue.
Eilas Mihalas and Ruby Mihalas,
574 East 16th Street.
Wm. Barrington, 250 West First
Street.
John Obermeier and Lois Ober-
meier, 236 West First Street.
Passed, adopted and approved
this 3rd day of April, 1944.
W. W. MOFFATT,
Mayor.
F. W. THOMPSON,
FRANK VAN DUELMAN,
GEO. R. MURPHY,
ALBERT WHARTON,
Councilmen.
Attest: J. J. SHEA,
City Cierk.
Councilman Murphy moved the
adoption of the resolution. Second-
ed by Councilman Van Duelman.
Carried by the following vote:
Yeas-Mayor Moffatt, Council-
men Murphy, Thompson, Van Duel-
man, Wharton.
Nays-None.
Resolution No. 30-44
Whereas, heretofore applications
were filed by the within named ap-
plicants for Class "B" Beer Permits
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 com-
ply with the ordinances 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
,, .
;_
62 Regular Session, April 3rd, 1944
to issue to the following named ap-
plicants aBeer Permit:
CLASS "B" PERMIT
Name. Address.
Iona Conner and Ray Conner,
1322 Central Avenue.
Joseph Walsh and Helen Walsh,
21 West 7th Street.
Lester A. Wieser and Adele Wie-
ser, 1902 Central Avenue.
Ellas Mihalas and Ruby Mihalas,
574 East 16th Street.
Wm. Barrington, 250 West Fifth
Street.
John Obermeier and Lois Ober-
meier, 236 West First Street.
Be It Further Resolved that the
bonds filed by such applicants be
and the same are hereby approved.
Passed, adopted and approved
this 3rd day of April, 1944.
W. W. MOFFATT,
Mayor.
F. W. THOMPSON,
FRANK VAN DUELMAN,
GEO. R. MURPHY,
ALBERT WHARTON,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Wharton moved the
adoption of the resolution. Second-
ed by Councilman Thompson. Car-
ried by the following vote:
Yeas-Mayor Moffatt, Council-
men Murphy, Thompson, Van Duel-
man, Wharton.
Nays-None.
Councilman Van Duelman moved
that Mr. C. S. Harker be reappoint-
ed as a member of the Civil Ser-
vice Commission for a term of six
years, said term expiring March 31,
1950. Seconded by Councilman
Thompson. Carried by the follow-
ing vote:
Yeas-Mayor Moffatt, Council-
men Murphy, Thompson, Van Duel-
man, Wharton.
Nays-None.
There being no further business,
Councilman Thompson moved to
adjourn. Seconded by Councilman
Murphy. Carried by the following
vote:
Yeas-Mayor Moffatt, Council-
men Murphy, Thompson, Van Duel-
man, Wharton.
Nays-None.
J. J. SHEA,
City Clerk.
Approved ..................................1944.
Adopted ......................................1944.
Councilmen: d ......................................
Att ea t : ................................................
City Clerk.
~•~_:; !
Y_
Special Session, April 14th, 1944 63
o o~
(Official)
Special Session, April 14th, 1944.
Council met at 7:30 P. i11.
Present-Mayor Moffatt, Council-
men Murphy, Thompson, Van Duel-
man, Wharton, City Manager Rhom-
berg.
Meeting called by order of Coun-
cilmen Murphy and Wharton.
Mayor Moffatt read the call and
stated that service thereof had been
duly made and that this meeting is
called for the purpose of consider-
ing for final adoption Special Ordi-
nance No. 3-44 and also Ordinance
No. 4-44 and acting on any other
business as may properly come be-
fore aregular meeting of the City
Council.
SPECIAL ORDINANCE, ORDI-
NANCE NO. 3-44. An Ordinance
granting to Henry A. Scandrett,
Walter J. Cummings and George I.
Haight, as Trustees of the property
of the Chicago, -Iihvaukee, St. Paul
anti Pacific Railroad Company, their
successors and assigns, the right to
construct, maintain and operate an
industry spur track in and across
Lynn Street and East 19th Street
from the North property line of East
17th Street northerly along Lynn
Street to the South line of East
19th Street and thence across East
19th Street to the 1Vorth line of
East 19th Street, and declaring an
emergency, said Ordinance having
been passed neon first reading on
April 3rd, 1944, and ordered placed
on file with the City Clerk for public
inspection for at least one week be-
fore its final adoption, presented
aucl read on final adoption.
SPECIAL ORDINANCE.
Ordinance No. 3-44. .
Au Ordinance granting to Henry
A. Scandrett, Walter J. Cummings
and George I. Haight, as Trustees of
the property of Chicago, Milwaukee,
St. Paul and Pacific Railroad Com-
pany, their successors anct assigns,
the right to construct, maintain and
operate an industry spur track in
and across Lyon Street and East
19th Street from the north property
line of East 17th Street northerly
along Lynn Street to the south line
of East 19th Street and thence
across East 19th Street to the north
line of East 19th Street, and declar-
ing an emergency.
BE IT ORDAINED BY THE COUN-
CIL OF THE CITY OF DU-
BU~1UE:
Section One: That there be and
there is hereby granted to Henry A.
Scandrett, Walter J. Cummings and
George I. Haight, as Trustees of the
property of Chicago, Milwaukee, St.
Paul and Pacific Railroad Company,
their successors and assigns, the
right and authority to construct,
maintain and operate an industry
spur track, the center lice of jvhich
shall be located as follows: begin-
ning at a point on the north line of
East 17th Street 12x/2 feet east of
the westerly property lice of Lynn
Street and proceeding thence north-
erly in Lynn St. parallel to and 12x/z
feet from the westerly line of Lynn
Street to a point approximately 90
feet north of the northerly line of
East 18th Street anti thence on a 14
degree circular curve, concave east-
erly, iu Lynn Street and across East
19th Street to a point on the north-
erly line of East 19th St. approxim-
ately 20 feet easterly from the east-
erly line of Lynn St. extended, all
in accordance with and in the man-
ner as iuclicated by the line in reel
color on the blueprint plat dated
March 28, 1944, hereto attached and
made a part hereof.
Section Two: Said track shall
conform to the grade of said streets
as now or as hereafter established
and shall be so constructed and for-
ever maintained that the free pas-
sage for vehicles across the same
at all points shall not be interfered
with and tixe right to impose addi-
tional conditions and requirements
upon the use of said track or its
maintenance whenever reasonable
circumstances arise to require the
same is reserved to the Council of
said City.
Section Three: In the event"it be-
comes necessary to construct, main-
tain or repair any public utilities
for and mi behalf of the City of Du-
buque, such as tivatex• mains, sewers
of any kiucl, etc., under said track,
the Railroad Company, at its own
expense, agrees to build supports
for said track within a reasonable
time after requested and support
said track during any of said work.
Section Four. This ordinance be-
ing cleemecl urgent and of imme-
diate necessity shall become effect-
ive upon its passage, adoption and
approval by the City Council and
publication, as provided by law, and
the written acceptance thereof ou
the Part oP the Chicago, Milwaukee,
St. Paul and Pacific Railroad Com-
pany, duly endorsed thereon, anti
when the cost of publishing same
has been paid by the Company, and
the rights herein granted shall ac-
crue to said Henry A. Scandrett,
Walter J. Cummings and George I.
Haight, as Trustees of the property
~ {, -, .
;;7;
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64 Special Session, April 14th, 1944
!j,
+
of Chicago, Miwaukee, St. Paul
Ordinance No. 4-4~}
`': ' and Pacific Railroad Company only An Ordinance prescribing the
.~
when the injury and damages to
bonds of municipal officers.
__,. property abutting upon said streets Be It Ordained by the City Council
-e, have been ascertained and com-
of the City of Dubuque:
pensated for, or in lieu thereof,
when the record owners of such
Section 1. That the following of-
property and record holders of liens ficers of the City of Dubuque shall
and encumbrances thereon have provide bonds annuallly in such
~ filed with this Council their consent penal sums as follows:
.,, to the construction and operation of City Manager ......................$ 5,000.00
},,,. such track and waivers and releases Secretary of City Manager 1,000.00
r ,': any damages which may be sus-
City Clerk ............................ 1,000.00
tained by them on account of the City Solicitor ........................ 1,000.00
construction and operation of the City Auditor ........................ 5,000.00
~, ;_ same.
thi
3
di
l
fi City Treasurer .................... 10,000.00
~ i - s
rc
ng
rst rea
Passed upon City Engineer ...................... 1,000.00
-
' clay of April, 1944. City Assessor ...................... 1,000.06
Passed, adopted and approved
..................... 1,000.00
police Judge
; this 14th day of April, 1944. Clerk of Police Court ........ 1,000.00
• W. W. MOFFATT. Market Master .................... 1,000,00
' [ ~ Mayor. Recreation Director .......... 1,000.00
~: F. W. THOMPSON,
Building Commissioner .... 1,000.00
€: _ r
, - FRANK VAN DUELMAN, Electrical Inspector .......... 1,000.00
i
.. I GEO. R. MURPHY, Milli Inspector .................... 1,000.00 '
{
' ALBERT WHARTON, plumbing Inspector ............ 1,000.00
i,
{,,, Councilmen.
Clerli-Health Department 1,000.00
'F.;: : -
:-
i ~', Attest: J. J. SHEA,
Superintendent of Water
,,
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City Clerk.
Works 5,000.00
;' I, Councilman Van Duelman moved Accountant-Water Works 1,000.00
- } . ', the adoption of the ordinance. Sec- Clerks-Water Works ...... 1,000.00
' ondecl by Councilman Thompson.
Sec. 2. The bonds furnished shall
~ '
'"Si Carried by the following vote: be concurrent with the fiscal year
{,;a;!;' ~,, ~~ ., Yeas-Mayor Moffatt, Council- of the City of Dubuque and run
~ 'I i
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- „ men Murphy, Thompson, Van Duel-
from April 1st or the date of be-
C ,
„ `~, '"
~, man, Wharton. ginning to March 31st following.
'
'
,:,~: ;- .
'
Acceptance of Ordinance No. 3-44.
Bonds in continuous form shall not
~,
f
' Chicago, Milwaukee, St. Paul and be acceptable and renewal certif-
, Pacific Railroad Company, having icates shall not be deemed in com-
'
~ I knowledge of all the terms and con- pliance with the law.
~ ' ditions of Ordinance No. 3-44, does Sec. 3. All ordinances or parts of
~!
:;., ~ hereby accept Ordinance No. 3-44 ordinances in conflict herewith are
,
;-
t as adopted by the City Council of hereby repealed.
_
i ~; ', the City of Dubuque on the 14th day Sec. 4. This ordinance being
' ' '` ~, of April, 1944. deemed urgent and of immediate
`•'.< ;, i,', '~
' Signed this........day of April, 1944. necessity shall be in force from and
,
~ 'i' l:' '! ~ CHICAGO, MILWAUKEE, after its final passage by the City
`' ~ I' i
ST. PAUL AND PACIFIC Council and publication as pro-
_~ :' ',I
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RAILROAD CO. vided by law.
,
I !
' Passed on first reading this 3rd
' ! ~ . ! . ~I
f By .......................................................... day of April, 1944.
Passed, adopted and approved
- -, i _ „ ~ I.
,
'
~ This Ordinance, Ordinance No. this 14th day of April, 1944.
j :i"
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' was not officially published
3-44
,
~:, ,,
I
_ ,
on account of the provisions of Sec- W. W. MOFFATT,
~ .
- i' tion Four not being complied with, Mayor.
,,
'
~ if and when the provisions of Sec- F. W. THOMPSON,
FRANK VAN DUELMAN
I,
'
{
- ; i'
' ' tion Four of this ordinance are com- ,
MURPHY
GEO
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plied with then the ordinance will ,
.
.
ALBERT WHARTON,
~:"', i,
' be published officially. Councilmen.
it I
'I
i J. J. SHEA,
City Clerli.
Attest: J. J. SHEA,
E, :l l CitY Clerk.
' ~` ORDINANCE NO. 4-44. An Ordi- Published officially in The Tele-
~` r, I'
' ~
~ Hance prescribing the bonds of mu- graph-Herald newspaper this 17th
4
~: ;,, ~ ~
I
~
~ nicipal officers, said ordinance hav- .
clay of April, 194
,
` ing been passed upon first reading J. J. SHEA,
~ ~
`',
on April 3rd, 1944, and ordered
City Clerk.
z placed on file with the City Clerk Councilman Thompson moved the
' I,:. ~, for public inspection for at least one adoption of the Ordinance. Second-
1 `: week before its final adoption, pre- ed by Councilman Van Duelman.
~; `.
' sented and read on final adoption. Carried by the following vote:
i ~ , "~
' '
_~ ~''
I
Special Session, April 14th, 1944 65
Yeas-Mayor Moffatt, Council-
men Murphy, Thompson, Van Duel-
man, Wharton.
Nays-None.
Councilman Murphy 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 Uy Councilman Wharton.
Carried by the following vote:
Yeas-Mayor Moffatt, Couucil-
men Murphy, Thompson, Van Duel-
man, Wharton.
Nays-None.
DIr. Herbert Young addressed the
Council relative to establishing a
siclezvalle grade in front of his prop-
erty ou Audubon Street.
Councilman -Iurphy moved that
the matter of establishing a side-
walk grade in front of the property
of Mr. Herbert Young on Audubon
Street Ue referred to the Council
to view the grounds. Seconded by
Councilman Vau Duelman. Carried
by the following vote:
Yeas-Mayor Moffatt, Council-
men Murphy, Thompson, Van Duel-
man, Wharton.
Nays-Noce.
Petition of The Key City Gas
Company requesting that they be
granted a new 25-year franchise,
and that a special election be called
as soon as possible for the purpose
of submitting the question to the
voters for their approval, and sub-
mitting attached proposed franchise
ordinance for Council consideration.
Messrs John H. Maclay, Richard V.
McKay and Attorney Robert W.
Clewell addressed the Council in
support of the petition of The Key
City Gas Company explaining the
reasons for asking for a new 25-year
franchise and also explaining the
procedure to be followed in the
holding of a special election to sub-
mit to the voters the question of
granting a new 25-year franchise.
Councilman Murphy moved that
the petition and attached ordinance
be referred to the Council for con-
sideration. Seconded by Council-
man Thompson. Carried by the fol-
lowing vote:
Yeas-Mayor Moffatt, Comicil-
men Murphy, Thompson, Van Duel-
man, Wharton.
Nays-None.
Communication of Lydia Specht
submitting offer in the amount of
$50.00 for the purchase of Lots 9
and 10 of RandalPs SuU. Lot 2, pre-
sented and read.
Councilman Thompson moved to
refer the communication to the
Council to view the gromids. Sec-
onded by Councilman Murphy. Car-
ried by the following vote:
Yeas-Mayor Moffatt, Council-
men Murphy, Thompson, Van Duel-
man, Wharton.
Nays-None.
Communication of John J. Dolan,
Police Officer, advising that he has
Ueen inducted into the military ser-
vice of the United States and re-
questing that he be granted a leave
of absence as provided for by Reso-
lution No. 1J-Jl, presented and
read.
Councilman Van Duelman moved
that the request be granted and
oracle a matter of record. Seconded
Uy Councilman Thompson. Carried
Uy the following vote:
Yeas-Mayor Moffatt, Couucil-
meu Murphy, Thompson, Van Duel-
man, Wharton.
Nays-None.
Communication of Carl W. Pe-
tersen calling attention of the
Council to the fact that in grading
and putting rode on the West ramp
leading from South Algona Street
last year, that the Street Depart-
ment damaged his property by not
placing a reasonable curb to hold
the earth Uettiveen the sidewalk and
what should be a curb, thereby al-
lowing the sidewalk to settle and
also smashing a vitrified drain the
which was never replaced, and also
stating that the same type of a job
is now being done on the East ramp
and requesting that while this job
is being done that the Council give
these matters their attention, pre-
sented and read.
Councilman Wharton moved to
refer the communication to the
Council to view the grounds. Sec-
onded by Councilman Murphy. Car-
ried by the following vote:
Yeas-Mayor Moffatt, Council-
men Murphy, Thompson, Van Duel-
man, Wharton.
Nays-None.
Communication of Harry Kabat
submitting offer in the amount of
$10.00 for City Lot adjoining his
property at 1385 North Booth
Street, presented and read.
Councilman Murphy moved that
the communication Ue referred to
the City Manager with instructions
to make arrangements with the
property owners abutting this lot
for the use of their respective por-
tion of this lot. Seconded by Coun-
cilman Wharton. Carried by the
following vote:
Yeas-Mayor Moffatt, Council-
men Murphy, Thompson, Van Duel-
man, Wharton.
Nays-None.
,~,_;.
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66 Special Session, April 14th, 1944
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Petition of Mrs. Margaret E.
Hogan, referred to the City Coun-
cil by the Board of Supervisors, re-
questing suspension of the 1943 tax
on the North 1/z of City Lot 326,
presented and read.
Couucilman Van Duelman moved
to refer the petition to the City So-
licitor for investigation and report.
Seconded by Couucilman Murphy.
Cax'ried by the following vote:
Yeas-Mayor Moffatt, Council-
men Murphy, Thompson, Van Duel-
man, Wharton.
Nays-None.
SPECIAL ORDINANCE, ORDI-
NANCE NO. 5-44. An Ordinance
granting to the Chicago, Mihvaukee,
St. Paul & Pacific Railroad Com-
pany and/or the Rooster Mills Com-
pany the right to construct, main-
tain and operate au industry track
over, along and upon the alley be-
tween Main and Iowa Streets from
First Street northerly for 175 feet
and declaring an emergency, pre-
sented and read.
Councilman Thompson move d
that the reading just had be consid-
ered the first reading of the Ordi-
nance. Seconded by Councilman
Van Duelman. Carried by the fol-
lowing vote:
Yeas-Mayor Moffatt, Council-
men Murphy, Thompson, Van Duel-
man, Wharton.
Nays-None.
Councilman Thompson move d
that the rules be suspended requir-
ing an ordinance to be read on three
separate days. Seconded by Coun-
cilman Van Duelman. Carried by
the following vote:
Yeas-Mayor Moffatt, Council-
men Murphy, Thompson, Van Duel-
man, Wharton.
Nays-None.
Councilman Thompson move d
that the ordinance be placed on file
with the City Clerk for public in-
spection for at least one week be-
fore its final adoption. Seconded by
Councilman Van Duelman. Carried
by the following vote:
Yeas-Mayor Moffatt, Council-
men Murphy, Thompson, Vau Duel-
man, Wharton.
Nays-Noce.
Orcliuance No. 6-44. An Ordi-
nance amending "Ordinance Adopt-
ed May 22, 1914, establishing Grade
on the Alley bet~veeu -lain and
Iowa Streets from First Street to
Second Sheet" by changing part of
the grade, presented aucl read.
Councilman Thompson move d
that the reading just had be con-
sidered the first reading of the Ordi-
Hance. Seconded by Councilman
Van Duelman. Carried by the fol-
lowing vote:
Yeas-Mayor Moffatt, Council-
men Murphy, Thompson, Van Duel-
man, Wharton.
Nays-Noce.
Councilman Thompson move d
that the rules be suspended requir-
ing an ordinance to be read ou
three separate days. Seconded by
Councilman Wharton. Carried by
the following vote:
Yeas-Mayor Moffatt, Council-
men Murphy, Thompson, Van Duel-
mau, Wharton.
Nays-Noce.
Couucilman Thompson move d
that the ordinance be placed on file
with the City Clerk for public in-
spection for at least one week be-
fore its final adoption. Seconded by
Councilman Murphy. Carried by the
following vote:
Yeas-Mayor Moffatt, Council-
men Murphy, Thompson, Van Duel-
man, Wharton.
Nays-None.
April 1, 1944.
To the Honorable Mayor and
City Council, Dubuque, Iowa.
Gentlemen: I herewith submit
the reports of the City Auditor,
Treasurer, Health Department and
Water Works, also a list of claims
and payrolls for which warrants
were drawn during the month of
March, 1944.
Respectfully submitted,
A. A. RHOMBERG,
City Manager.
Couucilman Van Duelman moved
that the reports be received and
placed on file. Seconded by Couu-
cilman Thompson. Carried by the
following vote:
Yeas-Mayor -loffatt, Council-
men Murphy, Thompson, Van Duel-
man, Wharton.
Nays-None.
Resolu4ion No. 31-44
Whereas, Lot 129 of Woodlawn
Park in the City of Dubuque, Du-
buque County, Iowa, was sold on
February 3, 1936, to Dubuque Coun-
ty, Iowa, by the County Treasurer
of Dubuque County, Iowa, for the
delinquent taxes and unpaid taxes
against the real estate for the years
1931 to 1934, inclusive; and
Whereas, the said Dubuque Coun-
ty, Iowa, desires to sell the above
described real estate to John Schoe-
berl for $45.00; and
Whereas, the sale of said prop-
erty by Dubuque County, Iowa, to
John Schoebex•1 for a sum less than
the total amount stated in the tax
-~-,;,~:
Special Session, April 14th, 194=1- 67
certificate, including all endorse-
ments of subsequent general taxes,
interests anti costs, requires the
Zvritten approval of a majority of
all the tax-levying and tax-certify-
ing bodies having any interest in
said general taxes; Now, There-
fore,
Be It Resolved by the City Coun-
cil of the City of Dubuque, Iowa,
that the sale of said property to
John Schoeberl for the sum of
~§5.00 in cash, be and the same is
hereby author°ized and approved.
Passed, adopted and approved
this 14th clay of April, 1914.
W. W. MOFFATT,
Mayor.
F. W. THOMPSON,
FRANK VAN DUELMAN,
GEO. R. 11IURPHY,
ALBERT WHARTON,
Councilmen.
Attest: J. J. SHEA,
City Cleric.
Councilman Thompson moved the
adoption of the resolution. Sec-
onclecl by Councilriau illurphy. Car-
ried by the following vote:
Yeas-Mayor ~,Toffatt, G'OLll3e11-
men Murphy, Thompson, Van Duel-
mau, Wharton.
1Vays-None.
Resolution No. 32®44
Whereas, application for Class
"B" Beer Permits have been sub-
mitted to this Couucil for approval
anti the same have been examined;
Now, Therefore,
Be It Resolved by the Council of
the City of Dubuque that the fol-
lowing applications are granted and
the licenses are to be issued upon
compliance with the terms of the
ordinances of this City.
CLASS "B" PERMIT
Name. Address.
Jacob Hedrick, 1236 Iowa Street.
Miss Irene Lewis, 2105 Central
Avenue. (Transfer of address from
2319 Prince Street).
Passed, adopted and approved
this 14th clay of April, 1944.
W. W. MOFFATT,
Mayor,
F. W. THOMPSON,
FRANK VAN DUELMAN,
GEO. R. MURPHY,
ALBERT WHARTON,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Van Duelmau moved
the adoption of the resolution. Sec-
onded by Councilman Murphy. Car-
ried by the following vote:
Yeas-Mayor Moffatt, Council-
men Murphy, Thompson, Van Duel-
mau, Wharton.
Nays-None.
Resolution No. 33-4&
Whereas, heretofore applications
were filed by the within uamecl ap-
plicants for Class "B" Beer Per-
mits anti they have received the
approval of this Couucil; and
Whereas, the premises to be oc-
cupied by such applicants have
been inspected and found to comply
with the ordinances of this City and
they have filed a proper hood; Now,
Therefore,
Be It Resolved by the Council of
the City of Dubuque that the Man-
ager he anti he is hereby directed
to issue to the following named ap-
plicants aBeer Permit:
CLASS "B" PER&IIT
Name. Address.
Jacob Hedrick, 1230 Iowa Street.
Miss Irene Lewis, 2105 Central
Avenue. (Transfer of address from
2319 Prince Street).
Be It Further Resolved that the
bonds filed by such applicants be
anti the same are hereby approved.
Passed, adopted and approved
this 14th daY of April, 1944.
W. W. MOFFATT,
Mayor.
F. W. THOMPSON,
FRANK VAN DUELMAN,
GEO. R. MURPHY,
ALBERT WHARTON,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Van Duelmau moved
adoption of the resolution. Sec-
onclecl by Councilman Wharton.
Carried by the following vote:
Peas-Mayor Moffatt, Council-
men Murphy, Thompson, Van Duel-
mau, Wharton.
I\'ays-None.
Councilman Murphy moved that
the City Couucil, through its City
Manager, forward a protest to the
Civil Aeronautic Board at Wash-
ington, D. C., protesting to the so-
callecl Des Moines Chamber of Com-
merce Plan for Feeder Air Lines in
the State of Iowa. Seconded by
Councilman Wharton. Carried by
the following vote:
Yeas-1llayor Moffatt, Council-
men Murphy, Thompson, Van Duel-
rnan, Whartmi.
Nays-None.
There being no further business,
Councilman Murphy moved to ad-
journ. Seconded by Councilman
Van Duelmau. Carried by the fol-
lowing vote:
Yeas-Mayor Moffatt, Couucil-
68 Special Session, April 14th, 1944
men Murphy, Thompson, Van Duel-
man, Wharton.
Nays-None.
J. J. SHEA,
City Clerk,
Approved ................................. 1944.
Adopted ..................................... 1944. ~
Councilmen: ~ .....................................
Attest: .....................................:.......
City Clerk.
Special Session, April 21st, 1944 69
® r~ a~ ~ e
i
(04ficial.)
Special Session, April 21st, 1944.
Council met at 3:30 P. M.
Present-Mayor Moffatt, Council-
men Murphy, Van Duelman, Whar-
ton, City Manager Rhomberg.
Absent-Councilman Thompson.
Meeting called by order of Coun-
cilmen Van Duelman and Wharton.
Mayor Moffatt read the call and
stated that service thereof had been
duly made and that this meeting is
called for the purpose of consider-
ing for final adoption Special Ordi-
nance No. 5-44 and also Ordinance
No. 6-44 and acting on any other
business as may properly come be-
fore aregular meeting of the City
Council.
SPECIAL ORDINANCE. Ordinance
No. 5-44. An Ordinance granting
to the Chicago, Milwaukee, St. Paul
& Pacific Railroad Company and/or
the Rooster Mills Company the
right to construct, maintain and
operate an industry track over,
along and upon the alley between
Main and Iowa Streets from First
Street northerly for 175 feet and
declaring an emergency, said Ordi-
nance having been passed upon first
reading on April 14th, 1944, and or-
dered placed on file with the City
Clerk for public inspection for at
least one week before its final adop-
tion, presented and read on final
adoption.
SPECIAL ORDINANCE
Ordinance No. 5-44
An Ordinance granting to the Chi-
cago, Milwaukee, St. Paul & Pacific
Railroad Company and/or the
Rooster Mills Company the right to
construct, maintain and operate an
industry track over, along and upon
the alley between Main and Iowa
Streets from First Street northerly
for 175 feet and declaring an emer-
gency. Now, Therefore:
Be It Ordained by the City Council
of the City of. Dubuque:
Section 1. That there be and there
is hereby granted to the Chicago,
Milwaukee, St. Paul & Pacific Rail-
road Company, its successors and
assigns and/or Rooster Mills Com-
pany, the right and authority to
construct, maintain and operate an
industry track over, along and upon
the alley between Main and Iowa
Streets from First Street northerly
175 feet, said track to connect with
an existing railroad track as indi-
cated and shown by the plat hereto
attached and made a part hereof by
this reference, said track to be used
to serve the Rooster Mills Company
plant adjoining said alley and oth-
er industries.
Sec. 2. Said track shall conform
to the grade of said alley as now or
as hereafter established and shall
be so constructed and forever main-
tained that the free passage for ve-
hicles across the same at all points
shall not be interfered with and the
right to impose additional condi-
tions and requirements upon the
use of said track or its maintenance
whenever reasonable circumstances
arise to require the same, is re-
served to the Council of said City.
Sec. 3. It is furiher expressly
stipulated and provided that all
railroad companies now operating
tracks in this city shall be entitled
at any time to have their cars
transferred over said tracks, and all
intermediate tracks of said com-
pany, its successors and assigns,
which may be necessary to be used
in order to connect with the track
hereby authorized upon the pay-
ment of such switching charges
which may be uniformly applied
within this city and accepted as
reasonable between railroad com-
panies operating within the city.
Sec. 4. This Ordinance b e i n g
deemed urgent and of immediate
necessity, shall become effective
upon its passage, adoption and ap-
proval by the City Council and pub-
lication, as Provided by law, and the
rights herein granted shall accrue
to said railroad company only when
the injury and damages to property
abutting upon said streets have
been ascertained and compensated
for, or in lieu thereof, when the rec-
ord owners of such property and
record holders of liens and encum-
brances thereon have filed with this
Council their consent to the con-
struction and operation of such
track and waivers and releases of
any damages which may be sus-
tained by them on account of the
construction and operation of the
same.
Sec. 5. The costs of the publica-
tion of this Ordinance and the Ordi-
nance changing the grade of the al-
ley on First Street shall be paid by
the Rooster Mills Company, the
party having requested the same.
Passed upon first reading this
14th day of April, 1944.
Passed, adopted and approved
this 21st day of April, 1944.
W. W. MOFFATT,
Mayor.
FRANK VAN DUELMAN,
ALBERT WHARTON,
GEO. R. MURPHY,
Councilmen.
Attest: J. J. SHEA, City Clerk.
„_- -- ---
70
Special Session, April 21st, 191
Published officially in The Tele-
graph-Herald newspaper this 24th
day of April, 1944.
J. J. SHEA,
City Clerk.
Councilman Wharton moved the
adoption of the Ordinance. Second-
- ed by Councilman Van Duelman.
Carried by the following vote:
Yeas-TVlayor Moffatt, Council-
men Murphy, Van Duelman, Whar-
ton.
Nays-None.
Absent-Councilman Thompson.
Ordinance No. 6-44. An Ordi-
Hance amending "Ordinance Adopt-
, ed play, 22, 1914, establishing Grade
on the Alley between Main a,nd
Iowa Streets from First Street to
Second Street" by changing part of
the grade, said Ordinance having
been passed upon first reading on
April 14th, 1944, anti ordered placed
oxi file with the City Clerk for pub-
`' lit inspection for at least one `veek
before its final adoption, presented
and read on final adoption.
Ordinance Rlo. 6-44
Au Ordinance amending "Ordi-
nance Adopted May 22, 1914, estab-
lishing Gracie on the Alley Between
NIaiu anti Iowa Streets from First
Street to Second Street" by chang-
ing part of the grade.
Now, Therefore
Be It Ordained by the City Coun-
cil of tie City of Dubuque:
Section 1. That Ordinance adopt-
ed May 22, 1914, and approved P~TaY
23, 1914, establishing a grade on the
alley between Main and Iowa
Streets from First Street to Second
Street be, and tie same is hereby
amended by inserting after "Sta-
tion -{- 50, elevation 20.50; thence
to Station -{- 75, elevation 20.82 at
a point 8 feet east of alley center
and elevation 21.16 at east alley
line; thence to Station 1 -{- 00, ele-
vation 21.30 at a point 8 feet east
of alley center and elevation 21.63
at east alley line; thence to Station
1 -{- 25, elevation 21.79 at a point 8
feet east of alley center and eleva-
tion 21.69 at east alley line; thence
to Station 1 -{- 61, elevation 22.50 at
a point 8 feet east of alley center
and elevation 21.69 at east alley
line; thence to Station 1 -f- 75, ele-
vation 22.68 at a point 8 feet east
of alley center and elevation 2L.19
at east alley line.
Sec. 2. That this Ordinance shall
be in force and effect from and after
its final passage, adoption and ap-
proval by the City Council and pub-
lication as by law provided and
when the cost of publishing the
sanxe has been paid by the appli-
cant.
Passed upon first reading this
14th day of April, 1944.
Passed, adopted and approved
this 21st clay of April, 1944.
W. W. MO)~"FATT,
Mayor.
FRANK VAN DUELMAN,
ALBERT WHARTON,
GEORGE R. MURPHY,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Published officially in The Tele-
graph-Herald newspaper this 24th
clay of April, 1944.
J. J. SHEA,
City Clerk.
Councilman Wharton moved the
adoption of the Ordinance. Sec-
onded by Councilman Van Duel-
man. Carried by the following vote:
Yeas-Mayor 1VToffatt, Conucil-
men Murphy, Van Duelman, Whar-
ton.
\Tays-None.
Absent-Councilman Thompson.
There being uo further business,
Councilman Wharton moved to ad-
journ. Seconded by Councilman
Van Duelman. Carried by the fol-
lowing vote:
Yeas-Mayor Moffatt, Council-
men Murphy, Van Duelman, Whar-
ton.
Nays-None.
Absent-Councilman Thompson.
J. J. SHEA,
City Clerk.
Approved ....................................1944.
Adopted ......................................1944.
Councilmen: ~ .....................................
Attest : ................................................
City Clerk.