1943 January Council ProceedingsRegular Session, Jauuar_v 4th, 1943
(Official)
Regular Session, January 4th,
1943.
Council met at 7:30 P. M.
Present-Mayor Wharton, Coun-
cilmen Murphy, Schueller, Thomp-
son, Van Duelman, City Manager
Rhomberg.
Mayor Wharton stated that this
is the regular monthly meeting of
the City Council for the purpose of
acting upon such business as may
properly come before the meeting.
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 by Councilman Schueller.
Carried by the following vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Thompson,
Van Duelman.
Nays-None.
Attorney W. A. Smith addressed
the Council and presented for Coun-
cil consideration an ordinance for
the vacation of parts of alleys and
streets in Dubuque Harbor Im-
provement Company's Addition to
the Interstate Power Company.
Ordinance No. 1-43. An Ordin-
ance for the vacation of a part o£
the alley through Block Twelve (12)
and a part of the alley through
Block Fourteen (14), both in Du-
buque Harbor Improvement Com-
pany's Addition to the City of Du-
buque, Iowa; also for the vacation
of parts of Cedar Street, Market
Street, East Seventh Street and
Commercial Street in said City;
and fm' the conveyance of the va-
cated areas to Interstate Power
Company with an exception and re-
servation of an easement and right-
of-way for storm sewer over, under.
upon and across a part of said va-
cated areas, 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 Duelman. Carried by the fol-
lowing vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Thompson,
Van Duelman.
Nays-None.
Councilman Thompson move d
that the rules be suspended requir-
ing an ordinance to be read on
three separate days. Seconded by
Councilman Van Duelman. Carried
by the following vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Thompson,
Van Duelman.
Nays-None.
The ordinance was then read a
second time.
Councilman Thompson move d
that the reading• just had be consid-
ered the second reading of the or-
dinance. Seconded by Councilman
Van Duelman. Carried by the fol-
lowing vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Thompson,
Van Duelman.
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. Car-
ried by the following vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller; Thompson,
Van Duelman.
Nays-None.
Attorney Paul F. Smith address-
ed the Council and presented for
Council consideration au ordinance
granting to the Illinois Central Rail-
road Company, its successors and
assigns, authority to construct,
maintain and operate certaixi track
and sidings upon the public grounds
and streets of the City of Dubuque,
Iowa.
Ordinance No. 2-43. An Ordin-
ance granting authority to the Illi-
nois Central Railroad Company, its
successm•s and assigns, to con-
struct, maintain and operate cer-
tain track and sidings upon the
public grounds and streets of the
City of Dubuque, 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
Murphy. Carried by the following
vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Thompson,
Van Duelman.
Nays-None.
Councilman Thompson move d
that the rules be suspended requir-
ing an ordinance to be read on
three separate days. Seconded by
Councilman Murphy. Carried by the
following vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Thompson,
Van Duelman.
Nays-None.
The ordinance was then read a
second time,
Councilman Thompson move d
Regular Session, January 4th, 1943
that the reading just had be con-
sidered the second reading• of the
ordinance. Seconded by Couucil-
man Murphy. Carried by the fol-
lowing vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Thompson,
Van Duelman.
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 Wharton, Council-
men Murphy, Schueller, Thompson,
Van Duelman.
Nays-None.
Notice of Claim of Mrs. Marcella
J. Blocklinger iu the amount of
X13.00 for injuries sustained in a
fall on the sidewalk in front of the
Police Station, presented and read.
Councilman Schueller moved that
the Notice of Claim be referred to
the City Solicitor for investigation
and report. Seconded by Council-
man Murphy. Carried by the fol-
low vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Thompson,
Van Duelman.
Nays-None.
Petition of F. P. McCaffrey re-
questing arefund in the amount of
$3.00 on an unused building permit,
due to War Priorities on building
material he was obliged to give up
the project, presented and read.
Councilman Schueller moved that
the request be granted and the City
Auditor instructed to draw a war-
rant iu the amount of X3.00 in favor
of George W. Jackson and F. P. Ntc-
Caffrey to cover the amount of re-
fund granted on said unused build-
ing permit and that said warrant be
delivered upon the surrender of said
unused building permit. Seconded
by Councilman Murphy. Carried by
the following vote:
Yeas-Mayor Wharton, Council-
men Mux•phy, Schueller, Thompson,
Van Duelman.
Nays-None.
Council Proceedings for the
mouths of September and October,
1942, presented for approval. Coun-
cilman Van Duelman moved that the
Council Proceecliugs for the months
of September and October, 1942, be
approved as printed. Secoudecl by
Councilman Schueller. Carried by
the following vote:
Yeas-Mayor Wharton, Council-
men Mux•phy, Schueller, Thompson,
Van Duelman.
Nays-None.
Communication of Wm. L. Ryan,
Chief of Fire Department, submit-
ting a Fire Prevention Ordinance
for the approval of the City Coun-
cil, presented and read.
Councilman Schueller moved that
the communication and ordinance
be referred to the City Manager and
City Solicitor to prepare proper re-
drafts for Council consideration.
Seconded by Councilman Thomp-
son. Carried by the following vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Thompson,
Van Duelman.
Nays-None.
January 4, 1943.
To the Honorable Mayor and City
Council, Dubuque, Iowa.
Gentlemen: This is to advise that
I have approved the following bond
and desire to have your approval
on same for filing:
PERSONAL
John A. Brady, Clerk of Police
Court; Central Surety and Insur-
ance Corp.
Respectfully submitted,
A. A. RHOMBERG,
City Manager.
Couucilman Schueller moved that
the bond be approved and placed on
file. Seconded by Couucilman Mur-
phy. Carried by the following vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Thompson,
Van Duelman.
Nays-None.
Attorney Frank D. Gilloon and
Messrs. Mark Gavin and Frank Na-
gele addressed the Council request-
ing that favorable action be taken
by the City Council on the applica-
tion of the Dubuque Musicians'
Club, Inc., for a Class "B" Beer Per-
mit for Private club.
Resolution No. 1-43. Whereas,
application for Class "B" Beer Per-
mit has been submitted to this
Council for approval and the same
has been examined: Now, There-
fore,
Be It Resolved by the Council of
the City of Dubuque that the fol-
lowing application be and the same
is hereby approved and it is or-
dered that the premises to be oc-
cupied by such applicant shall be
forthwith inspected.
CLASS "B" PERMIT FOR
PRIVATE CLUB.
Name. Address.
Dubuque Musicians' Club, Inc.,
623 Main Street.
Passed, adopted and approved
this 4th clay of January, 1943.
F. W. THOMPSON,
FRANK VAN DUELMAN,
GEO. R. MURPHY,
B. A. SCHUELLER,
Councilmen.
Attest: J. J. SHEA,
City Clerlc.
' ~~9
Regular Session, January 4th, 1943
Councilman Murphy moved the
adoption oY the resolution. Secoud-
ecl by Councilman Thompson. Car-
ried by the following vote:
Yeas-Councilmen Murphy ,
Schueller, Thompson, Van Duel-
man.
I~Tays-None.
Mayor Wharton not voting.
Attorney John A. Cunningham
addressed the Council soliciting fa-
vorable action by the City Council
on the application of the Shamrock
Club fora Class "B" Beer Permit
for Private Club.
Councilman Murphy moved that
the application of the Shamrock
Club for a Class "B" Beer Permit
for Private Club be referred to the
City Council for investigation and
report. Seconded by Councilman
Van Duelman. Carried by the fol-
lowing vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Thompson,
Van Duelman,
Nays-None.
Resolution No. 2-43
Whereas, applicatons 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 follow-
ing applications be and the same
are hereby approved, and it is or-
dered that the premises to be occu-
pied by such applicants shall be
forthwith inspected.
Class "B" Permit
Name. Address.
J. L. Spielman and Susan Spiel-
man, 601 Rhomberg Avenue.
Nick I~i•amer and Marie J. Kra-
mer, 2222 Central Avenue.
William J. Canfield, Jr., 4th and
Central Avenue.
Passed, adopted and approved
this 4th clay of January, 1943.
ALBERT WHARTON,
Mayor.
F. W. TIiOMPSON,
FRANK VAN DUELMAN,
GEO. R. MURPHY,
B. A. SCHUELLER,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Thompson moved the
adoption of the resolution. Second-
, ed by Councilman Schueller. Car-
, ried by the following vote:
Yeas-Mayor Wharton, Council-
, men Murphy, Schueller, Thompson,
Van Duelman.
Nays-None.
Resolution No. 3-43
Whereas, heretofore applications
were filed by the within named ap-
plicants for Class "B" Beer Permits
and they have received the appro-
val of this Council; 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 bond: Now,
Therefore,
Be It Resolved by the Council of
the City of Dubuque that the Mau-
ag•er be and he is hereby directed
to issue to the following named ap-
plicants aBeer Permit:
CLASS "B" PERMIT.
Name. Address.
J. L. Spielman and Susan Spiel-
man, 601 Rhomberg Avenue.
Nick Kramer and Marie J. Kra-
mer, 2222 Central Avenue.
William J. Canfield, Jr., 4th and
Central Avenue.
Be It Further Resolved that the
bonds filed by such applicants be
and the same are hereby approved.
Passed, adopted and approved
this 4th day of January, 1943.
ALBERT WHARTON,
Mayor.
F. W. THOMPSON,
FRANK VAN DUELMAN,
GEO. R. MURPHY,
B. A. SCHUELLER,
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 Wharton, Council-
men Murphy, Schueller, Thompson,
Van Duelman.
Nays-None.
Councilman Thompson move d
that City Assessor Hanover be
authorized to attend a meeting of
City Assessors to be held in Des
Moines, Iowa, on January 8th, 1943,
one-half of the expense for said trip
to be borne by the City of Dubuque.
Seconded by Councilman Vau Duel-
man. Carried by the following
vote:
Yeas-Mayor Wharton, Cotmcil-
men Murphy, Schueller, Thompson,
Van Duelman.
Nays-None.
There being no further business,
Councilman Thompson moved to
adjourn. Seconded by Councilman
Van Duelman. Carried by the fol-
lowing vote:
Yeas-Mayor Wharton, Council-
:~
4 Regular Session, January 4th, 1943
men Murphy, Schueller, Thompson,
Van Duelman.
Nays-None.
J. J. SHEA,
City Clerk.
Approved ................................... 1943
Adopted ..................................... 1943
......................................
......................................
Councilmen : ....... ..............................
Attest : ................................................
City Clerk.
Special Session, January 22nd, 1943
®~ o ~ P~~i I ®~
i ~'` Ili
(Official.)
Special Session, January 22nd,
1943.
Council met at 7:30 P. M.
Present-Mayor Witarton, Couu-
cihnen Murphy, Schueller, Thomp-
son, Van Duelman, City 111anager
Rhomberg.
Meeting called by order of Coun-
cilmen Van Duelman and Thomp-
Soll.
Mayor Wharton read the call and
stated that service thereof had
been duly made and that this meet-
ing is called for the purpose of con-
sidering claims filed against the
City of Dubuque and acting on any
other business as may properly
come before a regular meeting of
the City Council.
Councilman Murphy moved that
the rules be suspended for the pur-
pose of allowing any one present
in the Council Chamber, who wish-
es to do so, to address the Council.
Seconded by Councilman Schueller.
Carried by the following vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Thompson,
Van Duelman.
Nays-Noce.
Ladies of the Auxiliary of the
United Spanish American War Vet-
erans addressed the Council re-
questing permission for the holding
of a Carnation Day Sale to be held
on Saturday, May 1, 1943.
Councilman Van Duelman moved
that the request be granted. Sec-
onded by Councilman Murphy. Car-
ried by the following vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Thompson,
Van Duelman.
Nays-None.
Mr. J. Orr, Cfiicago, representing
the Postal Telegraph-Cable Com-
pany, addressed the Council ob-
jecting to the adoption of Ol•di-
nance No. 1-43 and requesting
that action be postponed on the
adoption of said ordinance until the
regular meeting of the City Council
to be held on February 1, 1943.
Councilman Schueller moved that
the request be granted. Seconded
by Councilman Van Duelman. Car-
ried by the following vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Thompson,
Van Duelman.
Nays-None.
Ordinance No. 2-43. An Ordi-
nance granting authority to the
Illinois Central Railroad Company,
its successors and assigns, to con-
struct, maintain and operate cer-
tain track and sidings upon the
public grounds and streets of the
City of Dubuque, said ordinance
having been passed upon first and
second readings on January 4,
1943, and ordered placed on file
tivith the City Clerk for public in-
spection for at least one week
before its final adoption, presented
and read a third time.
ORDINANCE
No. 2.43
BE IT ORDAI\TED by the City
Council of the City of Dubuque, Iowa:
Section One. That authority he and
is hereby granted to the Illinois Cen-
tral Railroad Company, its successors
and assigns, to construct, maintain
and operate certain track and sidings
aeon the Public grounds and streets
of the City of Dubudue, as follows:
(a) A tract; on Zashington Street
from its connection with the Dunleith
Ss Dubudue Bridge Company's track,
near Fifth Street, thence along' old
levee to Washingtmt Street, thence on
~Vashing'ton Street to the south line
of P:leventh Street, same being known
as the "Washington Street Traclz".
(b) A side traclt on Washington
Street from its connection with said
Washington Street Track near Sitth
Street up to Washington Street,
thence on the easterly side of Wash-
ington Street to a point thirty feet
south of Eighth Street, same being
known as the "illartin Strelau
Track".
(c) A side traclt on the `westerly
side of tiVashington Street, from its
connection with said Washington
Street Track at the north line oP
Eighth Street, thence along the west-
erly side of Washington Street to a
point fifty-seven feet north of the
north line of Tenth Street, same be-
ing known as the "Marshall Boile~x•
Track".
(d) A side track from its con-
nection with said Washington Street
Track, seventy-seven feet south of
the south line of Eighth Street,
thence on the easterly side of Wash-
ington Street to the north line of
Eighth Street, same being' known as
the "Klatter Manufacturing Company
Track".
(e) A track from its connection
with the Dunleith ~ Dubudue Bridge
Company's traclt near Fifth Street,
thence northerly to Jackson Street,
thence on .7ackson Street to Tenth
Street, same being l;nown as the
".7ackson Street Track."
(f) A side traclt from its con-
nection with said Jackson Street
track, one hundred and thirty feet
south of Seventh Street, thence north-
erly on the easterly side of Jackson
Street to Eighth Street, same being
ltnown as '7~ar]ey ~ Loetscher Track
NTUmber One."
(~) A side h•aclt from its con-
uectimt with said Jackson Street
Track, one hundred and ten feet
south of Seventh Street, thence on
the westerly side of Jackson Street
to Ninth Street, same being l;nown
as "Farley 6r Loetscher Tracks Num-
ber Two and Three."
Special Session, January 22nd, 1943
All of the tracks above referred to
are located on the streets above men-
tioned as shown by plat attached to
this Ordinance, which is made a Part
hereof by this reference.
Section Ttvo. That said Illinois
Central Railroad Company shall maixt-
tain said tracks in a manner so as to
cause the least possible obstruction
and inconvenience in the use of said
streets, and shall at all times be sub-
ject to proper police regulations
which may be adopted and enforced
by the City of Dubuque, and said
tracks shall be so constructed as not
Lo interfere with the flow of surface
water upon, over or under said tracks.
Section Three. That said tracks
shall be laid to the establish grade on
the various streets and should the
grade of any street be changed at
a.ny time, on ten (10) days written
notice by the City of Dubuque to the
said llliuois Central Railroad Com-
pany, the said track located thereon
shall be so changed as to conform
to such change of grade, at the ez-
pense of said railroad Company ~vith-
out claim for damages against the
said City because of said change.
Section Four. That the said Rail-
road Company shall at its own e:c-
pensc and cost keep the space be-
t~veen the rail, and one foot on each
side of all of its tracks herein au-
thorized so graded and improved as
to afford easy Passage for vehicles
and for all street traffic ovex• the
same; and shall also pay the cost of
any imProvenxent which has been or
ntay be made between the rails of
said tracks and one foot outside
thereof; and shall also at its own cost
and expense make such repairs to
said portions of the pavement so oc-
cupied by it as the City shall require,
said repairs to be oracle immediately
open notice given by the City, and
to he of such material as the City
shall order and prescribe. Should said
Company fail or refuse to make such
repairs within ten (10) days after
such notice is given, the City may
cause the satnc to be made anti
charge the expense thereof to said
Company.
Section Five. That said Company
may switch, spot anti place the cars
of all other railroad companies over
all of said tracks, and whenever any
railroad company operating in the
City of Duiiugne desires to switch,
spot or place cars over anti upon any
of said tracks with its otvn engines,
it shall lxave the right so to do, and
tlxe said Illinois Central Railroad
Conrpauy shall have the right to fix a
uniform charge for services Perfarmecl
by it, or for the use of said tracks,
as herein provided, as compensatimr
for such services and to defray the
cost of construction, renewal, main-
tenance and repair of said tracks, and
other expense incurred in complying'
with the requirements imposed upon
said Illinois Central Railroad Coxn-
Pany by the terms of this Ordinance.
The charge for such use or service
shall be agreed upon by the Illinois
Central Railroad and such other rail-
road or railroads as may use said
trac}cs, or for whom said services are
performed, said charge to be a fair
anti reasonable charge.
Section. Sis. That except as here-
in provided, cars shall not be Placed
for unloading on the tiVashington
Street Track between Tenth Street
and Eighth Street, and said track
shall not be used as a team traelc
tvithiu said limits, provided, however,
that should a request be made upon
any railroad company by the owner
or oocupant of abutting property, to
piece a car for unloading on said
track between Eighth Street and
Ninth Street, such ear shall be placed
for unloading only in front of or op-
posite the property of the owner or
occupant making sttch request. Cars
may be unloaded on said track be-
ttveen Seventh Street and Eighth
Street Provided such cars are not so
placed as to interfere with the use
of the driveways of abutting prop-
erty. It is further Provided that no
cars shall be Permitted to be spot-
ted or placed upon said track south
of Ninth Street, either for loading or
unloading purposes, within thirty feet
of any car which is located upon any
side track upon either side of said
street, nor shall any car be spotted
or placed on any turn out from the
center traelc to the side tracks any-
where on said street between Fourth
Street anti Tenth Street at a dis-
tance of less than fifteen feet be-
tt~'een the center of said Washington
Street Track and the center line oP
said side traelc. The provisions of
this section shall apply not only to
railroads, but the Persons, firms or
corporations who may move, place
or spot or cause to he moved, placed
or spotted, cars upon said traelc and
any such persons, firm corporation
or rai]roacl company tvho shall vio-
late any of the Provisions of this
section shall be subject to a fine of
not to exceed Twenty-five ($25.00)
Dollars for each offense, anti any
person tvho shall violate or cause a
violation of this provision, shall be
sutiject to said fine and may be im-
prisoned until such fine is paid, but
not to exceed thirty days.
Section Seven. The City reserves
the right, by endurance, resolution or
motion, to impose additional restric-
tions, limitations, or conditions upon
the Illinois Central P.ailroacl Com-
pany and other railroad companies,
in the use of arrY of said tracks, hav-
ing' due regard for the interest and
benefit of the Dublic in the use of the
streets herein designated, and failure
to comply with any of such regula-
tions will subject the offending' com-
pany to the same penalty as provided
in Section Six hereof, or may result
in a revocation of the privileges here-
in granted, at the optioxr of the City
Council.
In the event it beronres necessary
to construct, maintain or repair any
public utilities for and on behalf of
the City oP Dubuque, such as water
mains, sewers of any kind, etc, ender
any of said tracks the Railroad Com-
Pany, at tts otvn expense, agrees to
build supports for said tracks within
a reasonable time after requested and
sunl~ort said tracks during' any of
said work.
Section Eight. This ordinance shall
take effect and be in force from and
after ten days from the date of its
final passage by the City Council and
the publication required by law, and
the written acceptance thereof on the
part of the Illinois Central Railroad
Company, duly enclorsecl thereon, anti
Special Session, Janual-y 22nd, 1943 7
when the cost of publishing same has
been paid by the Company.
Pas.~ect upon first anti second read-
ings this 4th day of January, 1943.
Passed, adopted and appiroved upon
final reacting this 22nd. clay of Jan-
uary, 194•i.
ALEERT ~~THARTON
1\Iayar
F. tip. THOLtIPSON.
FRANK VAN DUELMAN.
GE U. R. 1\IURPHY.
B. A. SCHUELLER.
Councilmen.
Attest: J. J. SI-TEA,
City Clerk.
Acceptance of Ordinance No. 2-43
Illinois Central Railroad Company,
having knowledge of all the terms
and conditions of Ordinance No. 2-43
does hereby accept Ordinance No.
2-43 as adopted by the City Couueil
of the City of Dubuque on the 22nd.
clay of .Ianuary, 1943.
Signed this 5th. clay of February,
1913.
IT I.NOIS CENTRAL
P,AILROAD COMPANY
By C. H. -IOTTIER.
Published officially in The Tele-
graph-Herald newspaper this 10th.
clay of February, 1943.
J. J. SHEA,
2-10-1t. City Clerk.
Councilman Thompson m o v e ci
the adoption of the ordinance. Sec-
ondecl by Councilman Van Duel-
, man. Carried by the following
vote:
Yeas-Mayor Wharton, Council-
; men Murphy, Schueller, Thompson,
Van Duelman,
Na3's-None.
Notice of Claim of Edith Groff in
an unstated amount for injuries
sustained in a fall on an icy side-
walk in front of Harwoods where
University Avenue and Delhi
Streets meet, presented and read.
Councilman Van Duelman moved
that the Notice of Claim be referred
to the City Solicitor for investiga-
tion anti report. Seconded by Coun-
' Gilman Schueller. Carried by the
following vote:
Yeas-Mayor Wharton, Council-
' men Murphy, Schueller, Thompson,
Van Duelman.
Nays-None.
Notice of Claim of Guy Briggs in
the amount of $32.4G for damages
to an automobile tine caused in
striking an unguarded street car
rail which had been removed farom
Bryant Street, presented and read.
Councilman Murphy moved that
the Notice of Claim be referred to
the City Solicitor for investigation
and report. Seconded by Council-
; man Thompson. Carried by the fol-
. lowing vote:
Yeas-Mayor tiVharton, Council-
. men Murphy, Schueller, Thompson,
Van Duelman.
Nays-None.
Notice of Claim of George Haun
in the amount of $48.00 for injuries
sustained in a fall on an icy side-
walk in the 2700 block on Broad-
way Extension, presented and read.
Councilman Van Duelman moved
that the Notice of Claim be referred
to the City Solicitor for investiga-
tion and report. Seconded by Coun-
cilman Schueller. Carried by the
foilowing vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Thompson,
Van Duelman.
Nays-None.
Notice of Claim of Laura M. Rei-
nert in the amount of $3,000.00 for
injuries sustained in a fall on au
icy sidewalk on the Easterly side
of Kniest Street and South of 22nd
Street, near the interjunction of
Tiniest Street with 22nd Street, pre-
sented and read.
Couucihnan Van Duelman moved
that the Notice of Claim be referred
to the City Solicitor for investiga-
tion and report. Seconded by Coun-
cilman Murphy. Carried by the fol-
lowing vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Thompson,
Van Duelman.
Nays-None.
Notice of Claim of Sensia Haunig
in an unstated amount for injuries
sustained in a fall on an icy side-
walk at 1229 Jackson Street, pre-
sented atld read. ,
Councilman Murphy moved that
the Notice of Claim be referred to
the City Solicitor for investigation
and report. Seconded by Couucil-
nlall Schueller. Carried by the fol-
lowing vote:
Yeas-Mayor Wharton, Council-
men P/IurphY, Schueller, Thompson,
Van Duelman.
P,Tays-None.
Communication of W. A. Smith
tendering his resignation as a mem-
ber of both the Planning and Zon-
ing Conuuission and as a member
of the Board of Adjustment to be-
come effective as of December 31,
1942, presented and read.
Couucihnan Van Duelman moved
that the resignation be accepted
with regret. Seconded by Council-
man Schueller. Carried by the fol-
lowing vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Thomsson,
Van Duelman.
Plays-None.
Communication of W. J. Andre-
sen, a member of the Police De-
partment of the City of Dubuque,
y
Special Session, January 22nd, 1943
advising that he has enlisted in the
armed forces of the United States
and requesting that he be granted
a leave of absence as provided by
Resolution No. 14-41, presented
and read.
Councilman Thompson move d
that the request be granted and
made a matter of record. Seconded
by Councilman Van Duelman. Car-
ried by the following vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Thompson,
Van Duelman.
Nays-None.
Petition of Cecelia Howe, referred
to the City Council by the Board of
Supervisors, requesting suspension
of the 1942 taxes on Lot 17 of Yates
Subdivision, presented and read.
Councilman Thompson m o v e cl
that the petition be referred to the
City Solicitor for investigation and
report. Seconded by Councilman
Van Duelman. Carried by the fol-
lowing vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Thompson,
Van Duelman.
Nays-None.
Council Proceedings for the
month of November, 1942, and also
for the month of December, 1942,
presented for approval.
Councilman Van Duelman moved
that the Council Proceedings for
the month of November, 1942, and
also for the month of December,
1942, be approved as printed. Sec-
onded by Councilman Murphy. Car-
ried by the following vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Thompson,
Van Duelman.
Nays-None.
December 30, 1942.
T o the Honorable Mayor and City
Council, Dubuque, Iowa.
Gentlemen: The Planning and
Zoning Commission of the City of
Dubuque respectfully recommends
to your Honorable Body the grant-
ing of the petition of Farley &
Leetscher Manufacturing Company
dated December 15, 1942, request-
ing vacation of the alley running
parallel to Jackson and White
Streets, between 8th and 9th
Streets and/or present easements
over same.
Yours very truly,
DUBUQUE PLANNING AND
ZONING COMMISSION,
By Richard V. McKay,
Secretary.
Councilman Murphy moved that
the recommendation of the Plan-
ning and Zoning Commission be
approved and the City Solicitor to
be instructed to prepare a proper
orclinancei Seconded by Council-
man Schueller. Carried by the fol-
lowing vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Thompson,
Van Duelman.
Nays-None.
January 21, 1943.
In re: Action of Mrs. Edward Bal-
back against the City of Dubuque.
Honorable Mayor and City Council,
City of Dubuque, Iowa.
Gentlemen: With reference to
the actiton no5v pending in the Dis-
trict Court of Iowa in and for Du-
buque County, Iowa, entitled, Mrs.
Edward Balback, plaintiff, vs. City
of Dubuque, defendant, because of
certain alleged injuries that she re-
ceived on or about April 17, 1942,
wherein she tripped and fell on an
alleged defective sidewalk on Main
Street a short distance South of
14th Street, I have investigated this
case and am of the opinion that the
sidewalk was raised at the point
where she tripped and fell. That
she sustained fracture of the bones
of her left ankle, t$at the injury
occasioned medical and physical
care and treatment; that she was
confined to her home for a long
period of time and incurred various
items of expense claimed in the
amount of $300.00.
After consultation and negotia-
tion with her counsel, they have
agreed to accept $350.00 in full set-
tlement of the claim and law suit.
I recommend that a warrant in
the amount of $350.00 be drawn
payable to John A. Cunningham,
Attorney for Mrs. Edward Balback,
and the same be delivered to him
upon delivery to the City of a pro-
per release signed by the elaimant.
Yours truly,
JOHN J. KINTZINGER,
City Solicitor.
Councilman Murphy moved that
the recommendation of City Solic-
itor Kintzinger be approved and the
City Auditor to be instructed to
draw a warrant in the amount of
$350.00 payable to John A. Cunning-
ham, Attorney for Mrs. Edward
Balback, as settlement in full of the
claim and law suit of Mrs. Edward
Balback and that said warrant be
delivered upon receipt of a proper
release signed by the claimant.
Seconded by Councilman Thomp-
son. Carried by the following vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Thompson,
Van Duelman.
Nays-None.
Special Session, January 22nd, 19-3
January 21, 1943.
In re: Claim of Mrs. Fred Klein.
Honorable Mayor and City Council,
City of Dubuque ,Iowa.
Gentlemen: I have investigated
this claim and find that on Deceui-
ber 8, 1942, about 1:30 P. M., Mrs.
Klein was walking down University
Avenue and when she was about
two blocks below the Visitation on
the north side of University Ave-
nue, she slipped on au icy sidewalk
and fell, breaking the bones of her
shoulder in two, that she has been
under a doctor's care ever since said
time and will be for some time in
the future. She states that this side-
. walk was covered with thick, rough
ice and was dangerous. She filed a
claim for $200.00. Her actual ex-
penses, including doctor bill and
help, amounts to $114.00. She has
agreed to accept $114.00 in full pay-
ment of. this claim and I recom-
mend that the same be allowed and
that a warrant be drawn payable
to her order iu said amount.
Respectfully submitted,
JOHN J. KINTZINGER,
City Solicitor.
Councilman Van Duelman moved
that the reconunendation of City
Solicitor Kintzinger be approved
and the City Auditor instructed to
draw a warrant in the amount of
$114.00 in favor of Mrs. Fred Klein
as settlement in full of her claim,
and that said warrant be delivered
upon receipt by the City oY a pro-
per release. Seconded by Council-
man Thompson. Carried by the fol-
lowing vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Thompson,
Van Duelman.
Nays-None.
Resolution No. 4-43
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.
Dale Duncan (Dales Maid Rite
No. 2), 132 Eighth Avenue,
Ernest Pfalzgraf (City Food 1\~Iar-
ket), 1300 Central Avenue.
Henry Torrey (Torrey Grocery),
205 Kaufmann Avenue.
Be It Further Resolved that the
bonds filed with the applications be
approved.
Passed, adopted and approved
this 22nd day of January, 1943.
ALBERT WHARTON,
Mayor.
F. W. THOMPSON,
FRANK VAN DUELIIAN,
GEO. R. MURPHY,
B. A. SCHUELLER,
Councilmen.
Attest: J. J. S~IEA,
City Clerk.
Councilman Van Duelman moved
the adoption of the resolution. Sec-
onded by Councilman Thompson.
Carried by the following vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Thompson,
Van Duelman.
Nays-None.
Resolution No. 5-43
Whereas, application for Class
"C" Beer Permit has been sub-
mitted to this Council for approval
and the same has been examined:
Now, Therefore,
Be It Resolved by the Council of
the City of Dubuque that the fol-
lowing application be and the same
is hereby approved, and it is or-
dered that the premises to be occu-
pied by such applicant shall be
forthwith inspected.
CLASS "C" PERMIT
Name. Address.
Ernest Latham and Myrtle Lat-
ham, 892 Cleveland Avenue.
Passed, adopted and approved
this 22nd day of January, 1943.
ALBERT WHARTON,
Mayor,
F. W. THOMPSON.
FRANK VAN bUELMAN,
GEO. R. MURPHY,
B. A, SCHUELLER,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Van Duelman moved
the adoption of the resolution. Sec-
onded by Councilman Thompson.
Carried by the following vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Thompson,
Van Duelman.
Nays-None.
Resolution No. G-43
Whereas, heretofore application
was filed by the within named ap-
plicant for Class "C" Beer Permit
and it has received the approval of
this Council; and
Whereas, the premises to be oc-
cupied by such applicant have been
inspected and found to comply with
the ordinances of this City and a
proper bond has been filed: Now,
Therefore,
Be It Resolved by the Council of
the City of Dubuque that the Man-
°_~
10 Special Session, January 22nd, 1943
ager be and he is lxereby directed
to issue to the following named
applicant a Beer Permit.
CLASS "C" PERMIT
Name. Address.
Ernest Latham and Myrtle Lat-
ham, 392 Cleveland Avenue.
Be It Further Resolved that the
bond filed by such applicant be and
the same is hereby approved.
Passed, adopted and approved
this 22nd clay of January, 1943.
ALBERT WHARTON,
Mayor.
F. W. THOMPSON,
FRANK VAN DUELMAN,
GEO. R. MURPHY,
B, A. SCHUELLER,
Councilmen.
Attest: J. J. SHEA,
City Clerk,
Councilman Van Duelman moved
the adoption of the resolution. Sec-
onded by Councilman Schueller.
Carried by the following vote:
Yeas-Mayor Wharton, Conucil-
men Murphy, Schueller, Thompson,
Van Duelman.
1Vays-None,
Councilman Van Duelman moved
that the resolution and bill of sale
authorizing the conveying of street
car rails, track fastenings and oth-
er metallic track material to War
Materials, Inc., Agent for Metals
Reserve Company, be referred to
tlxe City Solicitor for investigation
and report. Seconded by Council-
man Schueller. Carried by the fol-
lowing vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Thompson,
Van Duelman.
Nays-None.
Mr. John A. Cunningham, Attor-
ney, addressed the Council in sup-
port of the application of the Sham-
rock Club for a Class "B" Beer Per-
mit and requesting that the City
Council look over the original list
of members as submitted. Rev. L.
E. Murphy addressed the Council
requesting that time be given be-
fore action is taken on the applica-
tion of the Shamrock Club for a
Class "B" Beer Permit in order to
find out the sentiment of the people
living in the vicinity.
There being no further business,
Councilman Van Duelman moved to
adjourn. Seconded by Councilman
Murphy. Carried by the following
vote:
men Murphy, Schueller, Thompson,
Van Duelman.
Nays-None.
J. J. SHEA,
City Clerk.
Approved ................................... 1943
Adopted ..................................... 1943
Councilmen: ~ ......................................
Attest : ................................................
City Clerk.
Yeas-Mayor Wharton, Council-