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1943 February Council ProceedingsCity Council (Official) Regular Session, February 1st, 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 act- ing upon sttch business as may properly come before the meeting. 'Po the Honorable Mayor and Coun- cil of the City of Dubuque: Gexztlemezz: Postal Telegraph and Cable Com- pauy respectfully protests and ob- jects to the passage and adoption of Ordinance No. -43 now pending be- fore your Honorable BoclY whereby it is proposed to vacate certain streets upon which said company has located its poles, wires and ap- purtenances constituting its tele- graph system anti to convey the same, and states: 1. Postal Telegraph and Cable Company constructed its telegraph system in, upon and over said streets by virtue of a legislative grant from the State of Iowa and has contiuuecl to maintain said sys- tem in such streets nursuaut to such grant. 2. That such legislative grant conferred upon said company a franchise in perpetuity and vested izz it property rights which cannot be interfered with or destroyed without its consent. 3. That the unconditional vaca- tion of said streets and the coxzvey- ance of the fee thereof will interfere with the enjoyment of such fran- chise and will, in effect, amount to a divesting of its right to continue to occupy said streets and will be a destruction of its property. 4. That such legislative grant cmistitutes a contract between said company and the State of Iowa which cannot be abridged or chang- ed except only by the legislature it- self under its reserved powers, aucl the City Council has no right, power or authority to interfere with such grant by the vacation of said streets aucl the conveyance of the fee there- of. 5. In said vacation ordinance the City Cotuzcil has failed to recognize or protect the property rights of said company iu said streets anti, if adopted, sa,icl ordinance and caxzvey- ance will be a confiscation of the property of said eonzpauy `vithont clue process of law and will consti- tute ataking of its property without just compensation, contrary to aucl in violation of its constitutional rights. Respectfully submitted, POSTAL TELEGRAPH AND CABLE COMP..-1NV. By Czizek 8-, Czizek, Its Attorneys. Councilman Thompson moved that the rules lie suspended for the purpose of allowing any one present in the Council Chamber, wlzo wishes I to do so, to address the Council. Seconded by Counciluzau Vau Dttel- man. Carried by the following vote: eas-:Mayor Wharton, Catuicil- men Murphy, Schueller, Thompson, Van Duelman. Nays-None. Attorney INT. H. Czizek, represent- ing the Postal Telegraph and Cable Company, aclclressecl the Cotuzcil iu support of the petition of the Postal Telegraph azzd Cable Company and asl~ecl that the City bear the esti- mated cost of X2,000.00 for the mov- ing of the company's lines from the streets that a,re proposed to be va- cated to some other location. Councilman Thompson moved that the petition of protest of the Postal Telegraph and Cable Com- pany be received aucl made amat- ter of record. Seconded by Coun- cilman Van Duelman. Carried by the following vote: Yeas-Mayor TVharton, Council- meu -Turphy, Schueller, Thompson, Van Duelman. Nays--None. Couununication of Mrs. Caroline Theiring, stating that she fell ou an icy sicle~valk in front of Mr. Barrett's home at 692 Hill Street and asked that the City take care of her in- juries, presented aucl read. Councilman Van Duelman moved that the communication be referred to the City Solicitor for investiga- tion and report. Seconclecl by Coun- cilman Schueller. Carried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays-None. Communication of Freda Chap- man, stating that she has not heard any details as to the repairing of her car which was clamagecl by the snow-plow on Jaxzuary 1S, 7.943. pre- seutecl anti read. Councilman Vau Duelman moved that the couiznttuication be referred to the City Solicitor for investiga- 12 Regular Session, F'ebruarv 1st, 1943 tion and report. Secouclecl by Cozul- cilnxan 112urphy. Carried by the fol- lowing vote: Yeas-Nlayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays-None. Notice of Claim of Mrs. Mathilda Beernxan, in the amount of $2,000.00, for injuries sustained in a fall on an icy sidewalk on the easterly side of Central Avenue in front of 2240 Cen- tral Avenue, 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- lowing vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays-None. Communication of the Iowa Chil- dren's Home Society, requesting the postponing of the Volunteers of America "red heart" tag day until the dependent children of Iowa are first cared for, presented and read. Councilman Murphy moved that the communication be received and filed. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays-None. Communication of County Auditor Daykin, advising Council that the Board of Supervisors have accepted an offer in the amount of $25.00 made by E, J. Ryan on Lot 1A of E. Ryan's Sub. and Lot 2 of 20 of Broadview Addition and requesting Council action on the same, pre- sented and read. Councilman Van Duelman moved that the communication be referred to the City Council to view the groxxnds. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays-None. Communication of Byrne A. O'Brien, Police Of&cer, advising Council that he has enlisted in the armed forces of the United States and requesting a leave of absence as provided for by Resolution No. 14-41, presented and read. Councilman Murphy moved that the request be gx•anted and made a matter of record. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. 1Tays-l~'one. Petition of Peter Petrakis re- questing arefund in the amount of X25.00 on his cigarette permit No. 170 as he has discontinued business as of January 9, 1943, presented and react. Councilman Schueller moved that the request be granted and the City Auditor instructed to draw a war- rant in the amount of $25.00 in fav- or of Peter Petrakis to cover the amount of refund granted on the unexpired portion of his cigarette permit No. 170. Seconded by Coun- cilman Murphy. Carried by the fol- lowing vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays-None. Petition of Callahan Carr request- ing arefund in the amount of $25.00 on his cigarette permit No. 119 as he has discontinued business as of February 1, 1943, 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 $25.00 in favor of Callahan Carr to cover the amount of refund granted on the unexpired portion of his cigarette permit No. 119. Seconded by Coun- cilman Van Duelman. Carried by the following vote: Yeas-Mayor Whax•ton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays-None. Ordinance No. 3-43 An Ordinance providing for the vacation of the alley between Jack- son and White Streets running from Eighth to Ninth Streets in the City of Dubuque, Iowa, and con- veying said alley to Farley & Loet- scher Mfg. Co., 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 Schueller. 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 Coun- cilman Schueller. Carried by the following vote: ~• Regular Session, Februanr lst, 19-3 13 Yeas-iVIayor 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 jest had be con- sidered the second reading of the ordinance. Seconded by Council- man Schueller. 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 Schueller. Carried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompsou, Van Duelman. Nays-None. Proof of publication, certified to by the publishers, of a statement of receipts and also a list of claims for which warrants were drawn during the month of December, 1942, pre- sented and read. Councilman Murphy moved that the proof of publication be received and filed. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays-None. January 11, 1942. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I herewith submit the reports of the City Auditor, City Treasurer, City Health Department, City Recreation Director and City Waterworks, also the list of claims and payrolls for which warrants were drawn during the month of De- cember, 1942. Respectfully submitted, A. A, RHOMBERG, City Manager. Councilman Thompson moved that the reports be received and placed on file. Seconded by Coun- cilman Schueller. Carried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays-None. February 1, 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: EXCAVATION The Key City Gas Company, 6G9 Main Street, Bond No. 735673, The Fidelity & Casualty Co. of New York. Respectfully submitted, A. A. RHOMBERG, City 1Vlanager. Councilman Thompson moved that the bond be approved and plac- ed on file. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays-None. January 27, 1943. Honorable -Iayor and City Council, City of Dubuque, Iowa. Gentlemen: In re: Petition of Cecelia Howe for Suspension of Taxes on Lot 17, Yates' Subdivision in the City of Dubuque, Iowa, asking that the 1942 tax be suspended because of infirmi- ty. I recommend that the said peti- tion should be approved by the City Council of the City of Dubuque and notification of such approval be giv- en to the Board of Supervisors of Dubuque County, Iowa. Respectfully submitted, JOHN J. KINTZINGER, City Solicitor. Councilman Schueller moved that the recommendation of City Solici- tor Kintzinger be approved and the Board of Supervisors to be notified of the action of the City Council. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompsou, Van Duelman. Nays-None. February 1, 1943. In re: Claim of George Haun Honorable Mayor and City Council, City of Dubuque, Iowa. Gentlemen: I have investigated the claim of George Haun against the City of Dubuque in the amount of $48.00 for doctor bill and compensation for loss of time because of an alleged injury that he received on or about December 28, 1942, when he slipped and fell on a dangerous sidewalk in 14 Re~ulax- Session, hebruary 1st, 1943 the twenty-seven hundred block on Broadway Extension in front of the J. P. I~:eixn property. The sidewalk vas in a dangerous couclition. After talking the matter over with Mx'. Hauu he has agreed to accept $25.00 in full payment of his claim. I recommend that payment be made to him in the sum of $25.00 and that the amount be delivered to him upon delivery by him to the City of a proper release. Respectfully submitted, JOHN J. KINTZINGER, City Solicitor. Councilman Van Duelman moved that the recommendation of City Solicitor Kintzinger be approved and the City Auditor to be instruct- ed to draw a warrant iu the amount of $25.00 in favor of George Haan as settlement in full of his claim and that said warrant be cleliverecl upon receipt by the City of Dubuque of a prcperly executed release. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Wharton, Council- men lllurphy, Schueller, Thompson, Van Duelnxau. Nays-None. Resolution No. 7-43 Be It Resclved by ti:e City Council of the City of Dubuque that the fol- lowing, 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 be- half of said City. I~Tame Address Melvin, Anita and George McDon- ough, 305 Eighth Avenue. Be It Further Resoivecl that the bond filed with the application be approved. Passed, adopted and approved this 1st day of February, 1943. ALBERT WHARTON, Mayor. P. W. THOMPSON, FRANK VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, Councilmen. Attest: 3. J. SHEA, City Clerk. Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Van Duelman. Carried by the folloving vote: Yeas-Mayor Wharton, Council- xnen Murphy, Schueiler, Thompson, Tan Duelman. Nays-None. Resolution IVo. 8-43 Whereas, applications for Class "B" Beer Pernxits have been sub- mitted to this Council for approval and the same have been examined; No`v, Therefore, Be It Resolved by the Couneil 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 Melvin, Anita and George McDon- ough, 305 Eighth Avenue. William E. Briggs, 127 West Sistlx Street. Louis and Agnella Anthoine, 119 V~'est Sixth Street. John P. and Aixna Arensclorf, 2600 Central Avenue. Passed, adopted and approved taxis lst day of F'ebrtzary, 1943. ALBERT WHARTON, Mayor. F. ~T. THOMPSON, FRANK VAN DUELMAN, GEO. R. i~'IURPHY, B. A. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councihnatx Van Duelman moved the adoption of the resolution. Sec- onded by Councilmen Murplxy. Car- ried by the following vote: Yeas-11Tayor Wharton, CounciI- men 11Turphy, Schueller, Thompson, Van Duelman. Nays-None. Resolution No. 9-43 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 occu- pied 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 Mana- ger be and he is hereby directed to issue to the following named appli- cants aBeer Permit. Class "B" Permit Name Address Melvin, Anita and George McI)ou- ough, 305 Eighth Avenue. William E. Briggs, 127 West Sixth Street. Louis and Agnella Anthoine, 11cJ VzTest Sixth Street. John P. and Anna Areusdorf, 2600 Central Avenue. Be It Further R.2~,olved that the `'' Regular Session, reUruary lst, 1943 15 bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 1st day of February, 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 moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by tle following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duehnau. Nays-None. EXI°IIBIT II FORM Op' RESOLUTION TO BE AOOPTE® BY CITY WHEN CITY OWNS RAILS Resolution No. 10-43 Whereas, the City oY Dubuque, Iowa, is the owner of certain street car rails, track fastenings, aucl other metallic track material lying in the streets of said City, which are shown ou Exhibits "A" and "B" an- nexed hereto; and, Whereas, said rails, track fasten- ings, and other metallic track ma- terial, are vitally necessary to the prosecution of the present war; and, Vdhereas, the City desires as a contribution to the ~var effort to make said rails, track fastenings, and other metallic track material immediately available for war use; Now, Therefore, Be It Resolved That 1. Albert Wharton, Mayor (Name and Title of Official's )be and he hereby is authorized, on behalf of the City, to convey title to said rails, track fastenings, and other metallic track material to WAR MATERI- ALS, INC., Agent for Metals Re- serve Company, by bill of sale, the form of which shall be approved by John J. I~intzingei•, City Solicitor (Name and Title of Legal Official). 2. WAR MATERIALS, INC., Agent for Metals Reserve Company, be and it hereby is given permis- sion, itself or through others, to re- move the above said rails, track fastenings, and other metallic track material, and for that purpose to disturb the pavement in the streets where said rails are located, pro- vided that the slots from which the rail is removed are refilled with a suitahle available paving material. The work of removing the rails and refilling the slots shall be carried out in accordance with specifica- tions mutually acceptable to WAR MATERIALS, INC., Agent, as afore- said, and to City Manager (Title Only). The latter shall assure him- self that the work is to be done with minimum interference with the movement of traffic. 3. Auy and all liability of any na- ture whatsoever of WAR MATERI- ALS, INC., as Agent, shall cease and terminate unless claim shall be made in writing to WAR MATERI- ALS, INC., by the official specified in Section 2 hereof, within thirty days after written notice of comple- tion of work has been given to said official by WAR MATERIALS, INC. Passed, adopted and approved this 1st clay of February, 1943. ALBERT WHAR_TON, Mayor. F. W. THOMPSON, FRA1VIi VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, Councihneu. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Sec- ouclecl by Councilman l2urphy. Car- ried by the following vote: Yeas--Mayor Wharton, Couucil- men Murphy, Schueller, Thompson, Van Duelman. Nays-None. EXHIBIT II-A FORM OF BILL OF SALE TO BE EXECUTE® BY CITY WHEN IT OWNu RAILS Know All Men By These Presents, that the City of Dubuque, Iowa (hereinafter referred to as "City"), for and in consideration of the sum of One Dollar and other good and valuable considerations to it paid by WAR MATERIALS, INC., a Dela- ware Corporation, Agent for Metals Reserve Company, a corporation created under Section 5 (d) of the Reconstruction Finance Corpora- tion Act as amended, (hereinafter referred to as "WMI"), the receipt of which is hereby acknowledged by it, has granted, barga.iued. sold, transferred, set over, and delivered, and by these presents does grant, bargain, sell, transfer, set over, anct deliver unto WMI its successors and assigns, all the street railway rails, track fastenings, and other metallic track material now laid in the streets of the City, and shown in red upon the map hereto attached and made a part hereof, as Exhibit "A", consisting of 100 gross tons, more or less, as described in detail in Ex- r ~ra~._ ,~ 16 Regular Session, F`ebruar~r 1st, 1943 hibit "B" hereto attached and made a part hereof. To Have And To Hold the same unto WMI, its successars and as- signs, forever, And the said City for itself and its successors, hereby covenants with and represents to WMI, its success- ors and assigns, that it is the law- ful owner of the said goods and chattels; and they are free from all liens and encumbrances of every kind and character; that the City has the right to sell the said goods and chattels as aforesaid; and that it will warrant and defend the same against all claims and demands of all persons whomsoever. It is the intention of the City and WMI that title to said rails, track fastenings, and other metallic ma- terial shall vest in WMI only when this bill of sale has been accepted in writing by WML When so ac- cepted, it shall constitute an agree- ment on the part of WMI to remove said rails, track fastenings, and other metallic track material from the streets, and to fill the openings made in the streets for the purpose of removing said materials, pursu- ant to and in accordance with the provisions of the Resolution adopt- ed by the City on February 1st, 1943. In Witness Whereof, the City has caused its name to be subscribed and its seal to be affixed by its prop- er officers thereunto duly author- ized, this the 3rd day of February, A. D. 1943. CITY OF DUBUQUE, IOWA. (Seal) By Albert Wharton, Mayor. (Title) Attest: J. J. SHEA, (City Clerk) Accepted : ............................... 194..... WAR MATERIALS, INC. Agent for Metal Reserve Co. By ................................................. (President) EXHIBIT II-B TO WAR MATERIALS, INC., Agent for Metals Reserve Company: I have examined the bill of sale executed by the City of Dubuque, Iowa, under date of February 3, 1943, transferring and selling• cer- tain rails, track fastenings, and other metallic track material_ *_v you. It is my opinion that all legal re- quirements necessary to authorize the execution of the foregoing bill of sale have been fully complied with; that the persons who have signed the bill of sale are legally authorized to do so on behalf of the City; and that all of the covenants and representations by the City contained in the hill of sale are factually and legally justified. I hereby approve of the form bf the bill of sale. The only obligation, present, pros- pective, conditional, or otherwise, resting upon the City or, to the knowledge of the City upon any other person; to remove said rails or to repave such streets after the removal of said rails is the follow- ing: None. The records of said City do not disclose that any person has made any payment or transferred any other consideration for release from such au obligation except None. JOHN J. i~INTZINGER, City Solicitor. Attorney John A. Cunningham, representing the Shamrock Club, addressed the Council, stating that he was willing to let action on the application of the Shamrock Club for a Class "B" Beer Permit for Pri- vate Club be delayed until the next meeting of Council to permit anyone who desires to file written objec- tions and requested that if the appli- cation be denied that the records show the reasons as specified under the law. Rev. Lawrence E. Mur- phy, Pastor of the Summit Congre- gational Church, and Wesley J. Humke addressed the Council in op- position to the issuing of a Class "B" Beer Permit for Private Club to the Shamrock Club as said club would be located in a residential district and also stating that church and school authorities in the vicini- ty were apposed to the club. Councilman Thompson moved that the application of the Sham- rock Club for a Class "B" Beer Per- nrit for Private Club be referred to the Council for investigation and re- port. Seconded by Councilman 1Vlurphy. Carried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays-Nmie. Application of the Rod and Gun Club of Dubuque, Iowa, for a Class "B" Beer Permit for Private Club, presented and read. Councilman Van Duelman moved that the application of the Rod and Gun Club be referred to the Council for investigation and report. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Wharton, Council- i Special Session, February 19th, 1943 17 men Murphy, Schueller, Thompson, Van Duelman. Nays-\tone. Councilman Van Duelman moved that Mr. Paul F. Smith be appointed as a member of the Planning and Zouing Commission to fill the unex- pired term of Mr. W. A. Smith, said term expiring May 24, 1944, and also that DZr. Paul F. Smith be appointed as a member of the Board of Zouing Adjustment to fill the unexpired term of Mr. W. A. Smith, said term expiring' March 5, 1946. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Whartmi, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays-None. There being no further business Councilman Van Duelman moved to adjourn. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays-None. J. J. SHEA, City Clerk. Approved ....................................1943. Adopted ......................................1943. Councilmen: ~ .................................... Attest : ................................................ City Clerk. a ~a +' ~~ F (Official) Special Session, February 19th, 1943. Council met a,t 7:30 P. M. Present--Mayor Wharton, Coun- cilmen Murphy, Schueller, Thomp- son, Van Duelman, City Manager Rhomberg. AIeetiug• called by order of Coun- cilmen Thompson and Van Duel- '., man. Mayor Wharton read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of consider- ing claims filed against the City of Dubuque and acting on any other business as may properly come be- fore aregular meeting of the City Council. Petition of the Schenley Distiller- ies, Inc., requesting an additional ninety days upon the option grant- ing them the right to purchase cer- tain real estate for the purpose of constructing an alcohol plant pro- vided a permit could be obtained from the War Production Board, Presented and read. Councilman Thompson moved that the rules be suspended for the purpose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Wharton, Council- men iVlurphy, Schueller, Thompson, Van Duelman. Nays-None. Mr. H. C. Kenline, Attorney, ad- dressed the Council in support of the petition of the Schenley Dis- tilleries, Inc., requesting an addi- tional 90 days upon the option grant- ing• the Schenley Distilleries, Inc., the right to purchase certain real estate for the purpose of construct- ing an alcohol plant. Councilman Van Duelman moved that the peti- tion of the Schenley Distilleries, Inc., be granted. Seconded by Coun- cilman Thompson. Carried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays-None. Resolution No. 11-43. Whereas, pursuant to Resolution No. 119-42 duly adopted by the City Council, the City of Dubuque, on December 23, 1942, granted to Schenley Distilleries, Inc., an option to purchase approximately ten acres of laud adjacent to the Interstate 18 Special Session, February 19th, 1943 Power Company's steam plant with- in the city of Dubuque for the pur- pose of the construction of an alco- hol plant thereon to aid in the war effort, subject to the approval of the War Production Boarcl, and which option continued fora period of sixty (60) days from said December 23, 1942; and, Whereas, thus far the VVar Pro- duction Board has not issued a per- mit approving the construction of said alcohol plant, although the same is still under consideration, and the Schenley Distilleries, Inc. continues interested in the exercise of said option if approval for the construction of said plant can be obtained from the ~Var Production Board, and toward that end the Schenley Distilleries, Inc. desires an extension of said option for an ad- ditional ninety 190) clays; and, Whereas, this Council continues desirous of assisting and doing all in its power to aid such enterprise and the war effort, and deems it ad- visable and for the best interests of the City of Dubuque to grant such extension of said option; Now, Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque, that the terms and conditions of the exten- sion of said option contract, a copy of which is attached hereto and made a part hereof, is hereby ap- proved and the Mayor and City Clerk are authorized, empowered and directed to execute such exten- sion of said option contract for and on behalf of the City of Dubuque. Passed, adopted aucl approved this 19th day of February, 1943. ALBERT WHARTON, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelanan. I~Tays-None. EX'1•ENSION OF OP"f1ON CONTRACl° Whereas, pursuant to a resolution adopted by the City Council on De- cember 23, 1942, the City of Du- buque on December 23, 1942, grant- ed to Schenley Distilleries, Inc., an option to purchase approximately ten (10) acres of land within the fol- lowing description: Lots 6 to 10, both incl. in Block 1. Lots 1 to 10, both incl. in Block 2. Lots 1 to 24, both incl. in Block 7. Lots 13 to 24, both incl. in Block 8. Lots 20 to 38, both incl. in Block 9. Lots 1 to 38, both incl. in Block 10. Lots 1 to 3, both incl. in Block 13. Lots 1 i to 19, both incl. in Block 1 i. Above are all in Dubuque Harbor Improvement Company's Addition in the City of Dubuque, Iowa. Also Lot 2 of Standard Lumber Company's Addition in the City of Dubuque, Iowa. Also adjacent streets and alleys and accretion property adjoining the above. Also the northerly part of Lots 1, 2, 3, 4, 5 of Block 11, Dubuque Har- bor Improvement Company's Addi- tion; said ten (10) acres of land to be ad- jacent to the real estate now owned by the Interstate Power Company, for the purpose of the construction of an alcohol plant thereon subject to the approval of the War Produc- tion Board, and which option vas to continue for a period of sixty (GO) days Prom December 23, 1942; and, Whereas, thus far said War Pro- duction Board has not approved the construction of said plant, although still under consideration; Therefore, in virtue of the prean- ises, and for the consideration of One Dollar, the receipt of which is acknowledged, and other valuable considerations, said option to pur- chase said real estate is hereby ex- tended for an aclclitional period of ninety (90) clays from February 23, 1943, subject to all the terms and conditions thereof except the time within which said option may be exercised. Dated at Dubuque, Iowa, this 19th day of February, 1943. ALBERT WHARTON, Mayor. J. J. SHEA, City Clerk. Notice of Claim of Peter A. Pe- trakis in the amount of $213.40 for injuries sustained in a fall on an icy sidewalk on the east side of Iowa Street half way between 8th and 9th Streets, presented and read. Councilman Van Duelman moved that the Notice of Claim be referred to the City Solicitor for investiga- i _,_ i --..~a Special Sessiozi, February 19th, 1943 19 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 Oscar Nelson, in the amount of $1,000.00 for in- juries sustained in a fall on au icy alley-way on the left side of Farley Street between Rhomberg Avenue and Lincoln Avenue, 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- lowing vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Vau Duelman. Nays-None. Notice of CIaim of Joe Benda, iu the amount of $4.60 for damages to his automobile caused by a City truck at the intersection of 13th and White Streets, presented and react. Councilman Murphy moved that the Notice of Claim be referred to the 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 Duehnan. Nays-None. Communication of Mrs. Leo Adams, requesting Council to adopt scone sort of legislation to prevent dogs from running at large and dam- aging gardens, presented and read. Councilman Van Duelman moved that the communication be referred to the City Manager. Seconded by Councilman Thompson. Carried by the following vote: Peas-Mayor Wharton, Council- men Murphy, Schueller, Thompsmi, Van Duelman. Nays-None. Communication of County Auditor Daykin, advising Council that the Board of Supervisors have accepted an offer in the amount of $150.00 from Nick Bock for the purchase of Lots 170 and 171 of Glendale Addi- tion and also an offer in the amount of $60.00 from Wm. N. I~lauer for the purchase of Lots 32, 33 and 34 of Woodlawn Park and will issue deeds upon approval of City Coun- cil, presented and read. Councilman Murphy moved that the communication be referred to the Council to view the grounds. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays-None. Petition of the Committee repre- senting the Police and Fire Depart- ments, requesting an increase in salary, presented and read. Councilman Murphy moved that the petition be referred to the City Council and City Manager for con- sideration. Seconded by Council- man Van Duelman. Carried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays-None. Petition of the National Tea Co. Food Store at 898 Main Street, re- questing permission to erect an un- loading platform and steps to plat- form at alley entrance, presented and react. Councilman Schueller moved that the petition be referred to the Council to view the grounds. Sec- onded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Vau Duelnan. Nays-None. Petition of Catherine S. Lund- beck, referred to the City Council by the Board of Supervisors, re- questing a suspension of the 1942 tales on Lot 11 of Cox's Addition and Lot 242 of Woodlawn Park, pre- sented and read. Councilman Vau Duelman moved that the petition be referred to the City Solicitor for investigation and report. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas-Mayor Wharton, Council- men Mm•phy, Schueller, Thompson, Van Duelman. Nays-Nosie. City Solicitor I~intzinger, submit- ting averbal recommendation that the petition of Catherirne Lund- beclc, requesting a suspension of the 1942 taxes on Lot 11 of Cox's Addi- tion and Lot 242 of Woodlawn Park, be granted and that the Board of Supervisors be notified of Council action. Councilman Schueller moved that the verbal recommendation of City Solicitor Kintzinger be approved and that the Board of Supervisors 20 Special Session, February 19th, 1943 be notified of Cour_cil action. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas-iViayor Wharton, Council- men Murphy, Schueller, Thompson, Van Dueiman. Nays-Noce. Notice of Hearing before the Fed- eral Communications Commission in the NTatter of Northwestern Bell Telephone Company for Increased Charges for Interstate Telephone Exchange Service in Iowa, said Hearing to be held in the Court House of the Federal Building, Dav- enport, Iowa, on March 2, 1943, pre- sented and read. Councilman Van Duehuan moved that the Notice of Hearing be re- ceived and filed. Seconded by Coun- cilman Thompson. Carried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays-None. Ordinance No. 3-43 An Ordinance providing for the vacation of the alley between Jack- son and White Streets running from Eighth to Ninth Streets in the City of Dubuque, Iowa, and conveying said alley to Farley & Loetscher Mfg. Co., said ordinance having been passed upon first and second readings ou February 1st, 1943 and ordered placed on file with the City Clerk for Public inspection for at least cue week before its final adop- tioli, presented and read a third time. Ordinance Ne. 3-43 An Ordinance Providing for the va- cation of the alley between Jackson and White streets running' from 8th to 9th streets in the City of Dubuque, Iowa and conveying said alley to Par- ley ~ Loetscher 1\Ifg. Co. Whereas, the Farley & Loetscher Mfg. Co., Petitioned the Council of Dubudue for the vacation of the alley bet~veeu Jaelcson anti tiZ~hite Streets from Sth Street to 9th Street in the City of Dubuque; and ~V hereas, all of the real estate abut- ting' upon said alley is owned by the Farley S Loetscher Mfg'. Co., anti tijThereas, said alley is not needed for street or Public Ptu'poses and the vacation thereof will not injure, dam- age or interfere with the use c,f or accessibility to Private Property sit- uated in such districts; and ~~~hereas, the Plam:ing' and Zoning Commission of the City of Dubugne has examined into the advisai~ility of vacating of said alley anct has recom- mended to this council that such va- catton be made. \TOw, Therefore, BE IT ORDt1INS1D BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE: Section 1. That the alley between Jackson and l~'hite Streets from Sth to 9th Streets in the City of Dubuque, Iowa, l,e, and the same is hereby vacated. Section 2. 'ihat in consideration of the sum oP ~1.G0 acct other valuable cunsiclerations, the receipt whereof is hereby acknowledgad, said vacated area be, and the same is hereby sold, ;;ranted and conveyed to the Farley P Loetscher -Ifg. Co., its successor's and assigns; subject, however, to the limitations and restrictions that all severs, drains anti water mains lo- cated upon or within the vacated alley shall continue to he the property and ttndcr tha supervision anti control of the City of Dubuque, its officers and euipluyes, inclucliug the right anti power to enter upon the Premises for all Proper public uses anti purposes, anti in the event any repairs or re- »>~~en;ents becmne necessary in or upon such sewers m' water mains or services because of any action or conduct upon the Part of said Farley' Loetscher lblfg. Co., its agents or employes, such sewers and water mains and services shall be repaired or rebuilt at the expense of Farley cC Loetscher Mfg. Co, No structure cf any leind shall be superimposed upon such sewers or water mains or services or erected in the same with- out the approval of the City Council anti the Deecl hereinafter referred to shall so Provide, and the Mayor and Clerk of the City of Dubuque, be, anti they are hereby directed to execute and deliver mi behalf of said City, its Quit Claim Deed to said Farley C Loetscher Mfg. Co. Section 3 That the Clerk be, and he is hereby directed to file and re- cord a duly certified copy of this Ordinance in the office of the County P.ecorder of Dubuque County, Iowa. Section 4. That this Ordinance, be- ing' cleemecl urgent a.nd in the inter- est of the public welfare, shall be in force anti effect immediately upon its final passage, adoption and aP- proyal b3' the City Council and ptth- lication as by law Provided, and the rights hereunder shall accrue to Far- ley ti Loetscher NIfg. Co., its suc- cessors and assigns when this Ordi- Hance has been accepted by said Company, which acceptance shall be endm'sed hereon and when the cost of publishing the same has been paid by said Company• Passed upon first and second read- ings this 1st. clay of February, 19-13. Passed, adopted and aPPt'oved upon final reading this 19th day of Febru- ary, 1943. ALBEP.T WHARTON. Mayor. I'. SV. THOI~IPSON. FP,ANK VA\T DUEL1lIAN. GEO. R. MURPHY. B. A. SCHUELLER. Councilmen. Attest J. S. SHEA, City Cleric. ACCEPTANCE OF ORDINANCE N o. 3.43 Farley S Loetscher 11Ifg. Co., hav- ing knowledge of a.ll the terms and conditions of Ordinance ATO. 3-43 does hereby ae'ceot Ordinance No. 3-43, as adol~~ted by the City Council oP the City of Dubuque, on this 19th. day of. Special Session, l~ ehruar~~ 19th, 1943 21 February, 1913, anti agrees to comply with all of the terms and conditions therein set forth, Signed this 23rc1. cia}- of February, 1913. F~RI EY S I OETSCHEP. 1\IFG. CO. BY ROBERT F. LOETSCHER, Supt. Published officially in The Tele- graph-Herald ne~t~spaper this 24th. clay of February, 1913. T. J. SHEA, 2-24-1t. City Cleric. Councilman Van Duelman moved the adoption of the ordinance. Sec- ouclecl by Councilman Murphy. Car- ried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays-None. February 10, 1943. To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: I herewith submit the reports of the City Auditor, City Treasurer, City Health Department, City Recreation Director and City ZVaterworks, also the list of claims anti payrolls for which warrants were drawn during the month of January, 1943. Respectfully submitted, A. A, RHOMBERG, City Manager. Councilman Schueller moved the reports be received and placed on file. Seconded by Councilman Mur- phy. Carried by the following vote: Yeas -Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays-None. February 19, 1943. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have approved the following bond anti desire to have your ap- proval on same for filing: EXCAVATION Louis Buechel, 1043 Main Street; Boncl 1\TO. 43S7314, Fidelity and De- posit Co. Respectfully submitted, A. A. RHOPIBERG, City Manager. Councilman Van Duelman moved that the bond be approved and placed on file. Seconded by Council- man Murphy. Carried by the fol- lowing vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays-None. February 4, 1943. In re: Claim of Guy Briggs. Honorable Mayor and City Council, City of Dubuque, Iowa. Gentlemen: From my investiga- tion of this claim and conversation with the claimant, I am of the opin- ion that there is uo liability on the part of the City and that his claim should be cleniecl. I, therefore, recommend that the claim of Guy Briggs for $32.46 on account of damages sustained to an automobile tire on or about Novem- ber 25, 1942, when he ran into a street car rail on Bryant Street should be denied. Respectfully submitted, JOHN J. KINTZINGER, City Solicitor. Councilman Schueller moved that the reconunendation of City Solic- itor Kintzinger be approved. Sec- oucled by Councilman Murphy. Car- ried by the following' vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays-Noce. February 4, 1943. In re: Claim of Mrs. Mathilda Beerman. Honorable Mayor and Members of City Council, City of Dubuque, Iowa. Gentlemen: In reference to the claim of Mrs. Mathilda Beerman for $2,000.00 for damages alleged to have been sustained on or about December 23, 1942, on a claimed de- tective sidewalk in front of a place known as 2240 Central Avenue, I have investigated this matter, have consulted with the police who made an investigation, find that there is evidence that the sidewalk was in a defective condition and have talked with Attorney Winging, at- torney for the claimant. I find that Mrs. Beerman has sustained a doc- tor bill in the amount of $95.00 and other actual expenses to the amount of about $75.00. After dis- cussion of the matter with Mr. Will- ging, he and the claimant have both agreed to accept $175.00 in full pay- ment of the claim of $2,000.00. I reconuuencl that a warrant be drawn to Mr. E. H. Winging, attor- ney for Mrs. Beerman, in the amount of $175.00 anti delivered to him upon delivery to the City of a release properly executed by claim- ant. Respectfully submitted, JOHN J. KINTZINGER, City Solicitor. Councilman Thompson move d that the recommendation of City Solicitor Kintzinger be approved and the City Auditor instructed to draw a warrant in the amount of 22 Special Session, February 19th, 1943 p175.00 in favor of Mr. E. H. Will- ging, attorney for Mrs. Beerman, as settlement in full of the claim of Mrs. Beerman and that said war- rant be delivered upon receipt of a properly executed release. Second- ed by Councilman Murphy. Carried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays-None. February 19, 1943. In re: Claim of Mrs. Caroline Theiring. Honorable Mayor and City Council, City of Dubuque, Iowa. Gentlemen: In reference to the claim of Mrs. Caroline Theiring, I have investigated the claim of Mrs. Theiring, filed January 30, 1943, and from my investigation and con- versation with the claimant, I am of the ophion that this claim should be denied and therefore so recomm~end. The claim is returned herewith. Yours truly, JOHN J. KINTZINGER, City Solicitor. Councilman Murphy moved that the recoYnmenclation of City Solic- itor Kintzinger be approved. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays-None. Resolution No. 12-43 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. Victory Club, 951~/Z Main Street. Be It Further Resolved that the bond filed with the application be approved. Passed, adopted and approved this 19th day of February, 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 Van Duel- man. Carried by the foilwing vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. ATays-None. There being no further business, Councilman Murphy moved to ad- journ. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote: Yeas-Mayor Wharton, CounciI- men Mw•phy, Schueller, Thompson, Van Duelman. Nays-None. J. J. SHEA, City Clerk. Approved ..................................1943. Adopted ....................................1943. Attest : ................................................ City Clerk. Special Session, hebruary 25th, 193 23 (Official) Special Session, February 25th, 1943. Council met at 7:30 P, M. i i t Present-Mayor Wharton, Coun- cilmen Murphy, Schueller, Thomp- son, Van Duelman, City Manager Rhomberg. 2~Ieeting called by order of Coun- cilmen Murphy and Schueller. Mayor Wharton read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of consider- ing Appropriations for the Fiscal Year 1343-1944 and acting on any other business as may properly come before a regular meeting of the City Council. Councilman Thompson move d 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 Van Duel- man. Carried by the following vote: Yeas-Mayor Wharton, Couneii- tnen Murphy, Schueller, Thompson, Van Dnelman. Nays-None. NIl's. Edward Balback addressed the Council advising that she had not received any of the money auth- orized by the Cottncil in the settle- anent of her Claim anti stated that she would like to know why she has not been paid the money. Mrs. Bal- back was informed that no warrant hacl as yet been drawn in the set- tlement of her claim and that no warrant would be drawn until the recommendation of the City Solicit- or, as approved by the Council, had been complied with. Councilman Schueller moved that 'I Council reconsider their previous action in approving the recomm~en- elation of City Solicitor I~intzinger in the matter of the settlement of the Claim of Mrs. Edward Balback. The motion received uo second. Notice of Claim of Rhea Lantos in the amount of $30.00 for injuries sustained in a fall on an icy street on Fifth Street, presented and read. Councilman Van Duelman moved that the Notice of Claim be re- ferred to the City Solicitor for in- vestigation aucl report. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays-None. Communication of Clifford Scott entering complaint about injuries sustained in a fall on au icy street at Ninth and Main Streets, pre- sented and read. Councilman Van Duelman moved that the comm~unication 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. Petition of American L e g i o n Auxiliary requesting Council's co- operation, in issuing a proclama- tion, naming Saturday, May 29, 1943, for the sale of their American Legion Veteran matte Poppies, to be sold to the public iu Dubuque, pre- sented and read. Councilman Thompson m o v e cl that the request be granted. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas--Zayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duehnau. Nays-None. Petition of Veterans of Foreign Wars of The United States request- ing permission for the holding of their annual Buddy Poppy sale on Saturday, May 22, 1943, presented and react. Councilman Schueller moved that the request be grautecl. 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 M. B. Olansky request- ing arefund in the amount of $25.00 on the unexpired porticn of his cigarette permit No. 146 as he has discontinued business as of Feb- ruary 23, 1943, presented and read. Councilman Thompson move d that the request be granted and the City Auditor to be instructed to draw a warrant in the amount of $25.00 in favor of M. B. Olansky to cover the amount of refund granted 24 Special Session, rebruar~r 25th, 1943 on the uuexpirecl portion of his cig- arette Permit No. 14G. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Wharton, Council- meu tlTurphy, Schteller, Thompson, Van Duelman. Nays-None. Proof of publication, certified to by the Publishers, of a statement of receipts and also a list of claims for v~hich warrants were drawn during the month of January, 1943, presented and read. Couuciltnan Murphy moved that the proof of publication be received and filed. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote: Yeas-Mayor tiVharton, Council- tuen Murphy, Schueller, Thompson, Van Duelman. Nays-None. February 25, 1943. In re: Claim of Peter Petrakis. Honorable Mayor and City Council, City of Dubuque, Iowa. Gentlemen: With reference to tlae claim of Peter Petrakis for $213.00 for damages caused by a fall on au icy sicle~valk on the East side of Iowa Street between 8th and 9th Street on January 9, 1943, and filed herein on February 9, 1943, which was referred to me for in- vestigation. Ihave investigated this claim, find that the actual expenses of Peier Petrakis are $38.40, and after investigation and consultation with him, he has agreed to accept $50.00 in full settlement of his claim. I recommend that a tivarrant be issued payable to his order for the sum of $50.00 and the same be de- livered to hln upon execution of a proper release. fours truly, JOHN J. i~INTZINGER, City Soicitor. Councilman Murphy moved that the recommendation of City Solic- itor hintzing~er be approved and the City Auditor instructed to draw a warrant in the amount of $50.00 in favor of Peter Petrakis as settle- ment in full of his claim and that said warrant be delivered upon execution of a proper release. Sec- onded by Cottnciltnan Schueller. Carried by the follotiving vote: Yeas-11layor Wharton, Council- men Murphy, Schueller, Thompson, Van Dttelula.n. 1Vays-None. Official Notice of the Hearing on the Proposal to Amend the Bud- get Estimate of Expenditures of the City of Dubuque, Io`va, for the Fiscal Year 1943-1944. Notice is hereby given that it is proposed to amend the budget esti- tuate for the fiscal year beginning April 1, 1943, and ending March 31, 1944, adopted August 15, 1942, by changing the following estimated expenditures: Cousoliclatecl Fund from $388,802.00 to $396,402.00. Fire Maintenance Funcl from $125,112.00 to $131,612.00. Garbage Disposal and Street Clean- ing Fuml from $17, 7 7 2.00 to $19,122.00. 1llain Sewer Fund from $13,115.00 to $13,715.00. Snow and Ice Removal Fund from $6,291.00 to $6,741.00. The amount of these increases will be paid by the transfer of $10,000.00 from tlae Water Works General Fund in the amounts of $7,600.00 to the Consolidated Fund; $1,350.00 to the Garbage Disposal and Street Cleaning Fund; $600.00 to the Main Sewer Fund, and $450.00 to the Snow and Ice Removal Fund and by the transfer of $6,500.OU froth the Fire Equipment Fund to the Fire Maintenance Fund. The expenditures hereby contemplated will involve uo increase of taxes. The matter of amending the Bud- get Estimate of Expenditures as adopted for the year 1943-44 will be considered and acted upon by the City Council at a special meeting to lie held in the Council Chamber in the City Hall, Dubuque, Iowa, on March 9, 1943, at 7:30 P. M. Any interested person or persons ob- jecting or protesting thereto must present the objection to said City Council on or before said time. This notice is given pursuant to the direction of the City Council of the City of Dubuque, Iowa. J. J. SHEA, Ctty Clerk, City of Dubuque, Iowa. €•':esolutioo Ulo. 13-43 Whereas, the City Council of the City of Dubuque is faced with the necessity of increasing the wages and salaries of city employees; amd ttihei•eas, the increase of wages and salaries will require an amend- ment of the budget estimate of ex- penditures for the fiscal year be- ginning April 1, 1943, and ending 1~7arch 31, 1944, by changing the ,h Special Session, I~ehruary 2~ih, 19'13 2~ following estimated expenditures: Consolidated Funcl Prom $385,802.00 to $396,402.00. Fire 1\~Iaintenauce Fund from $125,112.00 to $131,612.00. Garbage Disposal and Street Clean- ing Fund from $17,772.00 to $19,142.00. 112ain Sewer Fund from $13,115.00 to $13, 715.00. Snow and Ice Removal Fund from $6,291.00 to $6,741.00 and Whereas, the amounts of these increases will be paid by the tra~.is- fer of $10,000.00 from the Water ZVorks General Fund in the amount of $7,600.00 to the Consolidated Ftutd, $1,350.00 to the Garbage Dis- posal and Street Cleaning Fund, $600.00 to the Main Sewer Fund and $450.00 to the Snow and Ice Re- moval Fluid and by the transfer of $6,500.00 frown the Fire Equipment Fund to the Fire Maintenance Fund; and tiVhereas, the increased expendi- tures contemplated will involve no increases of taxatian; i•lo,~~, There- fore, Be It Resolved by the City Coun- cil of the City of Dubuque that the City Clerk is hereby directed to cause to be published in the offic- ial newspaper of this city at least once a notice of the time and place of hearing on the proposal to amend the budget estimate of expendi- tures, said notice to be published at least ten days before the hear- ing. Be It Further Resolved that the City Council meet ou the 9th day of -Iarcla, 1943, at 7:30 o'clock P. Nl., in the Council Chamber in the City Hall of the City of Dubuque, Iowa, for the Purpose of conducting a hearing on the proposal to amend the budget estimate of expencli- ttu•es as aforesaid, at which time ang~ interested person or persons brill be given a full opportunity to be heard upon any objections or protests thereto. Passed, adopted aucl approved this 25th clay of February, 1943. ALBERT WHARTON, Alayor. F. W. THOMPSON. FRANK VA\T DUELMAN, GEO. R. MURPHY, B. A. SC~~IUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Couucilinan Murphy moved the adoption of the resolution. Seconcl- ecl by Councilman Thompson. Car- ried by the following vote: Yeas-Mayor tiVharton, Council- men Murphy, Schueller, Tlompson, Van Duelman. i~Taps-idoue. • There being no further business, Couttcihnata Van Duelman moved to adjourn. Seconded by Councilman Murphy. Carried b3' the following vote: Yeas-Mayor Wharton, Counoil- t.ien Rlurphy, Schueller, Thompson, Van Duelman. idays-1`;one. J. J. SHEA., City Clerh. Approved ................................... 1943 Adopted ..................................... 1943 Councilmen: ~ ..................................... Attest : .............................................. City Clerk.