1943 April Council ProceedingsRegular Session, April 5th, 1943 77
(OfFicial)
Regular Session, April 5th, 1943.
Council met at 7:30 P. 1\Z.
Present-Mayor Wharton, Coun-
cilmen Murphy, Schueller, Thomp-
son, Van Duelman, City Manager
RhomUerg'.
Mayor Wharton stated that this is
the regular monthly meeting of the
City Council, and also the first meet-
ing of the fiscal year, for the trans- !,
action of such business as may prop- ',
erly come before the meeting.
City Clerk J. J. Shea swore in
Messrs. W. W. Moffatt and Cteo. R.
Rlurphy as Councilmen for the term
commencing the first 1VTonclay in
April, 1943.
Councilman Thompson moved
that Councilman Murphy be elected
Mayor for the ensuing fiscal year.
Seconded by Councilnau Van Duel-
man. Carried by the following vote:
Peas-Councilmen Moffatt,
Thompson, Van Duelman, Vdharton.
Nays-I~Tone.
Councilman Nit?rphy not voting.
City Clerk J. J. Shea then swore
in the new NTayor, whereupon Mayor
11Iux•phy took the Mayor's chair.
Communication of 3oseph -T. Con-
ley, making application for appoint-
xneut for service as a member of the
Beard of Assessment and Review
for 1943, presented and read.
Councilman Wharton moved that
the conununication be received aucl
filed. Seconded by Councilman Van
Duelman. Carried by the following
vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Buel-
man, IVharton.
Nays-None.
April 3, 1943.
The Honorable Mayor and Members
of the City Council.
Gentlemen: I hereby make appli-
cation for the Position of Police
Judge of Dubuque, Iowa, beginning
April 5, 1913.
My education, training and posi-
tion held are as follows:
EDUCATION: Dubuque Pttblic
Schools, Loras Academy, Dubuque;
Loras College, Dubuque; State Col-
lege, Ames; University of Notre
Dame, LLB Degree.
TRAINING: General practice of
Law in the City of Dubuque, Iowa,
19 years.
POSITION: County Attorney of
Dubuque County, Iowa, 1934 to 1940.
Inasmuch as I am a veteran of the
World War I, I am asking veteran's
preference, under Chapter 60, Para-
graph 1159, of the Iowa Code, which
is as follows:
"1159. Appointments and promo-
tions. In every public department
and upon all public works in the
state, and of the counties, cities,
towns, and school boards thereof, in-
chtding• those of cities acting under
special charters, honorably dis-
charged soldiers, sailors, marines,
and nurses from the army and navy
of the United States in the late
Civil War, Spanish-American War,
Philippine Insurrection, China Re-
lief Especlition, or war with Ger-
many, who are citizens and resi-
dents of this state, shall, ezcept in
the position of school teachers, be
eutitlecl to preference iu appoint-
ment, enxployment, and promotion
over other applicants of no greater
qualifications."
Respectfully submitted,
JOHN L, DUFFY.
Councilman Thompson moved
that the communication be trade a
matter of record. Seconded by
Councilman Van Duelman. Carried
by the following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nay s-None.
Councilman Thompson moved
that the rules be suspended for the
purpose of allowing any one pres-
ent in the Council Chamber, who
wishes to do so, to address the Coun-
cil. Seconded by Councilman Whar-
ton. Carried by the following' vote:
Yeas-112ayor Murphy, Comtcil-
men Moffatt, Thompson, Van Duel-
man, Wharton.
l~Tays-None.
NIr. Thomas Doherty, Attorney,
addressed the Council on behalf of
the application of John L. Duffy for
appointment to the position of Po-
lice Judge stating that said applica-
tion was filed asking appointment as
Police Judge under the Veteran
Preference La~v and requesting that
Mr. John L. Duffy be given an op-
portunity to show his qualifications.
Councilman Wharton moved that
Council recess to consider the appli-
cations now before them. Seconded
by Comtcilman Thompson. Carried
by the following vote:
Yeas-11'iayor 1\Turpity, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
Council recessed at 7:45 P. M. and
reconvened at 7:55 P. 11I. Upon re-
convening of Council the City So-
78 Regular Session, April 3th, 1943
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licitor was requested by Mayot
Murphy to advise Council as tc
whether or not there at•e any vacan-
cies elisting in the appointive office:
at this time. City Solicitor Kint-
zinger cited Section GG51 of the Code
of Iowa, Appointments by Cotuicil,
and advised Council that it is his
opinion that no vacancies exist at
ibis time as no election has been
held since 11larch, 19.12, and that at
first meeting of the City Council in
April, 1942, that Council by adoption
of Resolution No. 3G-42 provided
for the appointment of officers of the
City of Dubuque.
Attorney Thomas Doherty again
acldressecl the Council asking Coun-
cil to declare a temporary vacancy
ezisting in the oi~ice of Police Judge
in order that Dlr. John L. Duffy be
given a chance to show his qualifica-
lions and further asking that the
City Council and City Solicitor give
consideration to this request.
NTayor ilIurphy then stated that in
view of no motion being before the
meeting that he requests the Clerk
to proceed with the regular order of
business.
Resolution No. 33-43
A resolution selecting- the official
newspaper of the City of Dubuque.
Be It Resolved by the City Coun-
cil of the City of Dubuque that the
Telegraph-Herald, a daily uewspa-
per of general circulation in the
City of Dubuque, be and it is hereby
designated and appointed the official
newspaper of said City.
Passed, adopted and approved this
5th clay of April, 1943.
GEO. R. MURPHY,
illayor.
F, tiV. THOMPSO\T,
FRANK VAN DUELi1IAN,
' W. SST. NTOFFATT,
ALBERT WHARTON,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Van Dueltnau moved
the adoption of the resolution. Sec-
onded by Councilman Thompson.
Carried by the follotiviug vote:
Yeas-Mayor NTurphY, Cou~cil-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
Resolution No. 34-43
A resolution designating the de-
positories for public funds of the
City of Dubuque.
Be It Resolved by the City Coun-
cil of the City of Dubuque that the
following banks be appointed depos-
itories of the public funds, and the
City Treasurer is hereby authorized
to distribute such funds in such
banks in amounts not to esceecl the
following: First Naticnal Bank,
X200,000.00; American Trust and
Savings Bank, ~1 i 5,000.00; Dubuque
Bank and Trust Company, yS'125,-
000.00.
Be It Further Resolved that the
City Treasurer be and he is hereby
directed to file with the County
'T'reasurer of Dubuque County,
Iowa, a list of such depositories and
to Beep such list o1i file with such
County Treasurer at all times.
Passed, acloptecl and approved
this 5th clay of April, 19-#3.
GEO. R. MURPHY,
Mayor.
F. W. THOMPSON,
1+`RA\TR VAl~T DUELMAi`I,
W. 5V. MOFFATT,
ALBERT WHARTON,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Van Duelman moved
the adoption of the resolution. Sec-
onded by Councilman Wharton.
Carried by the following vote:
Yeas-BIayot• 11lurphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
Resolution fVo. 35-43
A t•esolution appointing the Board
of Review and filing the compensa-
tion of the members thereof.
Be It Resolved by the City Coun-
cil of the City of Dubuque that the
following named persons be appoint-
ed the Board of Review of the City
of Dubugtte for the year 1943: John
H. Weimer. Thomas J. Hill and Jos-
eph l'I. Conley.
13e It Further Resolved that each
of the above named members of the
said Boarcl of Review be paid the
sum of X200.00 in full compensation
for all services to be rendered by
them in the performance of their
duties, said sum to be paid ft•ont the
General Fund.
Passed, adopted and approved this
5th clay of April, 1943.
GEO. R. MURPHY,
lVtayor.
F, W. THOMPSON,
FRANK VAN DUELMAN,
~V. ~V. NIOFFATT,
ALBERT WHARTON,
Councilmen,
Attest: J. J. SHEA,
City Clerk.
Councilman Van Duelman moved
the adoption of the resolution. Sec-
onclecl by Councilman Wharton.
Carried by the following• vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
tnau. Wharton.
Nays-None.
Regular Session, ,\pril jth, 1943 79
Apx•il 5, 1943.
To the Honorable 11Tayor
and City Council,
Dubuque, Iowa.
Gentlemen: As City Manager of
tlae City of Dubuque, the undersign-
ed begs to advise your honorable
body that all officers and employees
whom he has the power to appoint,
who are uo~v serving and acting in
their respective capacities and as-
sisting the orderl3~ administration of
the City government of this City amcl
of the various clepartmeuts thereof,
said c:ficers and employees being
tattler nxy supervision, direction and
contrcl and their appointments con-
tinuing at the pleasure of the -Tan-
ager, shall be paid salaries iu ac-
cordance with the budget approved
by the City Comicil.
Respectfully submitted,
A. A. RHCMBERG,
City 1~Tanager
Councilman Van Duelman proved
that the conxmnuication of City
DTanager Rhomberg be received and
made a matter of record. Seconded
by Councilman \Vharton. Carried
by the following vote:
I eas-Mayor 14Turphy, Council-
nxen -Ioffatt, Thompson, Van Duel-
man, \Vharton.
Nays-None.
Commmunication of the Continental
Casualty Coxupany, enclosing Cer-
tificate of Compliance showing that
they have qualified for the tx•ausac-
tion of Fidelity and Surety business
in the State of Iowa for the year
ending March 31, 19-14, presented
and react.
Councilman Thompson moved
that the commttuxication and Cer-
tificate of Compliance be received
and placed on file. Seconded by
Councilman Van Duelman. Carried
by the following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, \Vharton.
Nay:;-None.
Petition of 11Tary Agard Tent No.
35, D.U.V., requesting permission
for the holding of a flag tag day as
near to Juue 14th as possible, pre-
sented and read.
Councilman \Vharton moved that
the request be granted and that
June 12th be clesiguated as the date
for the holding of said tag day. Sec-
onded by Councilman Van Duelman.
Carried by the following vote:
Yeas--Tayor Murphy, Council-
men 1VIorfatt, Thompson, Van Duel-
man, \Vharton.
Nays-None.
Petition of Verncn Pauley, re-
questing arefund in the amotuxt of
$50.00 on his beer permit No. 21 as
he has discontinued business as of
-Iarch 31, 1943, presented and read.
Councilman \Vharton moved that
the request be granted and the City
Auditor instructed to draw a war-
rant in the amount of $50.00 iu favor
of Vernon Paisley to cover the
amount of refund granted on the un-
eepired portion of his beer permit
No. 21. Seconded by Cotuicilxnan
\'au Duelman. Carried by the fol-
lowing vote:
eas-Mayor 1Tarphy, Council-
men iVloffatt, Thompson, Van Duel-
man, \Vharton.
Nays-None.
Communication of the Union
Printing Company, entering a quota-
tion for the printing of the City
Council Proceedings iu pamphlet
forth for the fiscal year beginning
April 1st, 1943, presented and read.
Councilman Van Duelman moved
that the conununication be referred
to the Council. Seconded by Coun-
cilman Thompson. Carried by the
following vote:
Yeas-Mayor IVlurphy, Council-
men Aloffatt, Thompson, Van Duel-
man, \\Tharton.
Nays-1tiTone.
Petition of J. C. Penney Company,
requesting permission to raise the
doors covering their elevator shaft
located in the alley in the rear of
their building located at 8G1 Main
Street, presented and read.
Councilman \Vharton moved that
the petition be referred to the Coun-
cil to view the grounds. Seconded
by Cotutcilnan Va.n Duelman. Car-
ried by the following vote:
Yeas-DTayor -Turphy, Council-
men Moffatt, Thompson, Van Duel-
man, \Vharton.
Nays-None.,
Petition of the Dubuque County
Chapter, American Red Cross, re-
questing permission for the holding
of "Tag Days" on Friday and Satur-
day, April 9 and 10, presented and
read.
Councilman Thompson moved
that the request be granted. Sec-
onded by Councilman Van Duelman.
Carried by the following vote:
Yeas-Mayor Murphy, Cou~cil-
men Moffatt, Thmnpson, Van Duel-
man, \\'hartov.
Nays-None.
Petition of Morrison Bros. Co., re-
questing the vacation of streets and
alleys abutting their property on
East Seventh Street and located in
Blocks 15, 1G and 17 in Dubuque
Harbor Improvement Company's Acl-
clition, presented and read.
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Councilman Wharton moved to re-
fer the petition to the Planning and
Zoning Commission for their recom-
mendation and report. Seconded by
Councilman Van Duelman. Carried
by the following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel•
roan, Wharton.
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 February, 1943, pre•
seated and read.
Councilman Van Duelman moved
that the Proof of publication be re-
ceived and filed. Seconded by Coun-
cilman Wharton. Carried by the
Yollowing vote:
Yeas-Mayor Murphy, Council•
men, Moffatt, Thompson, Van Duel•
man, Wharton.
Nays-None.
Ordinance No. 5-43. An Ordi•
Hance Relocating Commercial
Street, Vacating Commercial Street
as it Nov Exists and Dedicating and
Establishing Commercial Street as
Relocated Over and Across Certain
Lands Owned by the City of Du-
buque in Dubuque Harbor Improve-
ment Co's. Aclclitiou in Accordance
with the Plat Attached Hereto, pre•
sentecl and read.
Councilman Thompson moved
that the reacting just had l.~e consid-
ered the first reading of the ordi-
nance. Seconded by Councilman
Van Duelman. Carried by the fol•
lowing vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays- None.
Councilman Thompson moved
that the rules be suspended requir•
ing an ordinance to be read on three
separate days. Seconded by Coun-
cilman Van Duelman. Carried by
the following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel•
ma.n, Wharton.
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 Murphy, Council•
men Moffatt, Thompson, Van Duel•
man, Wharton.
Nays-None.
Councilman Thompson move d
that the ordinance be placed on file
Svith the City Clerk for public in-
spection for at least one week be•
fore its final adoption. Seconded by
Councilman Van Duelman. Carried
by the following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel•
man, Wharton.
Nays-None.
April 5, 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
Esther E. Fritschel, Stenographer
and Clerk, City Water Department;
Bond No. 41040, Mass. Bonding and
Insurance Co.
Respectfully submitted,
A. A. RHOMBERG,
City Manager.
Councilman Thompson move d
that the bond be approved and
placed on file. Seconded by Coun-
cilman Van Duelman. Carried by
the following vote:
Yeas-1\Zayor Murphy, Council-
men Moffatt, Thompson, Van Duel•
man, Wharton.
Nays-None.
April 5, 1943.
lu re: Claim of Charles T. Landon.
Honorable Mayor and City Council,
City of Dubuque, Iowa.
Gentlemen: With reference to
the claim of Charles T. Landon,
filed March 15, 1943, and referred
to me for investigation and report,
I find that the damage complained
of was done on or about the 22nd
day of February, 1943, by a city
truck while the same was being en-
gaged in a governmental duty and
that, therefore, there is no liability.
I recommend that the claim be
denied. I am returning the claim
herewith.
Yours truly,
JOHN J. KINTZINGER,
City Solicitor.
Councilman Van Duelman moved
that the recommendation of City
Solicitor I~intzinger be approved.
Seconded by Councilman Thomp-
son. Carried by the following vote:
Yeas-Mayor Murphy, Council-
men 1\Zoffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
Regular Session, April 5th, 19'F3 81
March 31, 1943.
In re: Claim of Mrs. M. C. Vincent.:
Honorable Mayor and City Council,
City of Dubuque, Iowa.
Gentlemen: With reference to
the above claim for $500.00 I have
investigated the same, talked with
the claimant and the police officers
in regard to their investigation and
find that the sidewalk had been cov-
ered with ice for some considerable
time and that the claimant, Mrs. M.
C. Vincent, fell on the icy sidewalkz
in (rant of the residence of 1041
West 5th Street on January 15,
2943, and has suffered, as a result
of the Yall, a fractured aulzle and
other injuries causing loss of time
and doctor and hospital expenses,
for which she claims $500.00. After
talking the matter over with her
and her husbanzl, I learned that the
actual doctor and hospital bills are
$62.00, and that they have agreed to
settle for $50.00.
I recommend that a tvarraut be
drawn in favor of Mrs. 11I. C. Vin-
cent for the sum of $50.00 and the
same be delivered to her upon re-
ceipt of a proper release by her.
Yotu•s truly,
JOHN J. IiINTZINGER,
City Solicitor
Councilman TVhartou moved that
the reconuuenclation oY City Soicit-
or Iiintzinger be approved and the
City Auditor instructed to draw a
warrant in the amount of $50.OC in
favor of Mrs. RI. C. Vincent as set-
tlement in full of her claim and that
said warrant be delivered to her up-
on receipt by the City of Dubuque
of a prcperly executed release. Sec-
onded by Councilman Van Duelman.
Carried by the following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
uxan, Wharton.
Nays--None.
April 5, 1943.
Honorabe Mayor and City Council,
City of Iiubuque, Iowa.i
Gentemen: With reference to the
Mattison Street Park and the steps
x°unning through said park, the
question submitted to me is: Which
body, the City Council or the Park
Board, has control of the steps?
Under Chapter 293, Park Com-
missioners, of the Statute of Iowa,
it provides, among other things:
"5795 GENERAL POWERS. ~` °`
except as otherwise provided in
this chapter it shall have exclu-
sive control of all parks and
pleasure grounds acquired by it
or of other ground owned by the
city and set apart for like pur-
poses."
Ordinance No. 28, being "Au Or-
dinance, Providing for the Election
of Park Commissioners and Defin-
ing their Duties and Powers and
Providing as to Their Compensa-
tion" provides, among other things,
"125. '~' * '"° Said board (Park
Board of the City of Dubuque)
shall have EXCLUSIVE control
of all parks, parkings and pleas-
ure grounds, acquired by it, and
of all other grounds owned by the
City and set apart for park and
pleasure ground purposes."
It, therefore, appears to me the
Park Board is possessed with the
exclusive control of all parizs and
pleasure grounds of the City of Du-
buque, having received such exclu-
sive control from the legislature of
the State of Iowa a,ud the City
Council of the City of Dubuque.
This necessarily prechtdes the City
Council from having any control
over the pax°lzs and pleasure
gronncls.
The Park Boarcl, in the exercise
of its duties causes sidewallzs and
streets and the lilze to be iaid in,
across, over aucl through any of its
parks, also possesses the same right
to abandon the same, except as
to sirle«-alks abutting on the public
streets.
If the steps in question run
through the park over which the
Park Board has exclusive coutroi,
the Parit Board, in the exercise of
tlxat contro, built the steps in ques-
tion aucl the Park Boarcl, under the
exercise of the same control, has
the right to dismantle and abandon
the saute.
Respectfully submitted,
JOHN J. I~INTZINGER,
City Solicitor.
Councilman Thompson move d
that tlae report of City Solicitor
Iiintzinger be received and made a
matter of record. Seconded by
Councilman Van Duelman. Carried
by the following vote:
Yeas--Nlayor Murphy, Conucil-
men Moffatt, Thompsota, Van Duel-
man, Wharton.
Nays-\TOne.
Councilman Wharton moved that
City llauager Rhomberg be iu-
structeci to arrange a meeting with
the Pariz Board on the matter of
the 11ladisou Street Park steps and
that said meeting be held on the
premises. Seconded by Councilman
Moffatt. Carried by the following
vote:
Yeas-NTayor Murphy, Council-
men -Ioffatt, Thompson, Vau Duel-
man, Wharton.
Nays-None.
S2 Reg-ular Session, April nth, 1943
l;esolution No. 36-43
Be It Resolved by the City Cotut-
cil oY 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 anti the Manager is
directed to issue such permit on
behalf of said City.
Name Address
National Tea Co., 596-898 Main
Street.
Elias Mihalas, 574 East 16th
Street.
Raymond H. Clancy, 1179 Iowa
Street.
Be It Further Resolved that the
bonds filed with the aplication be
approved.
Passed, adopted and approved
this 5th day of April, 1943.
GEO. R. MURPFIY,
Mayor.
F. tiV. THOMPSON,
FRANK VAN DUELMAN,
W. W. MOFFATT,
ALBERT WHARTON,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Van Duelman moved
the adoption of the resolution. Sec-
oucled by Councilman Thompson.
Carried by the following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
resolution No. 37-43
Whereas, applications for Class
"B" Beer Permits have been sub-
mitted to this Council for approval
anti 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 oc-
cupied by such applicants shall be
forthwith inspected.
CLASS "B" PERMIT
Name Address
Joseph Walsh and Helen Walsh,
21 West 7th Street.
C. R. Nelson and Alice Nelson,
431 Rhomberg Avenue.
Frank A, Richeson, 2364 Wash-
ington Street.
Lester A. Wieser and Adele Wie-
ser, 1902 Central Avenue.
Elias Mihalas and Ruby Mihalas,
574 East 16th Street.
Passed, adopted and approved
this 5th clap of April, 1943.
GEO. R. MURPHY,
Mayor.
F. W. THOMPSON,
FRANK VAN D[lELMAN,
tiV. W. MOFFATT,
ALBERT WHARTOAT,
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--i\Zayor Murphy, Council-
men 1loffatt, Thompson, Vau Duel-
man, tiVharton.
1`?ays-None.
P,esolution No. 38-43
Whereas, heretofore applications
were filed by the within named ap-
plicants for Class "B" Beer Per-
mits and they have received the
approval of this Council; and
~5Tl2ereas, 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 Man-
ager be and he is hereby directed
to issue to the following named ap-
plicants aBeer Permit:
CLASS "B" PERMIT
Name Address
Joseph Walsh and Helen Walsh,
21 West 7th Street.
C. R. Nelson and Alice Nelson,
431 Rhomberg Avenue.
Frank A. Richeson, 2364 Wash-
ington Street.
R. H. Clancy, 1179 Iowa Street.
Be It Further Resolved that the
bonds filed by such applicants be
anti the same are hereby approved.
Passed, adopted and approved
this 5th day of April, 1943.
GEO. R. MURPHY,
Mayor.
F. W. THOMPSON,
FRANK VAN DUELMAN,
W. W. MOFFATT,
ALBERT WHARTON,
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 Murphy, Council-
men Moffatt, Thompson, Vau Duel-
man, Wharton.
Nays-None.
- - - -.
Regular ,session, .april 5th, 19=13 83
Resolution fro. 39-43
Whereas, application for Class
"E" Beer Permit has been sub-
mitted to this Couxxcil for approval
aucl the same has been examined:
Nov, 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 ordered
that the premises to be occupied by
such applicant shall be forthwith
inspected.
CLASS "B" PERMIT FOR
PRIVATE CLUB
Name Address
Rocl and Gnu Club of Dubuque,
Iowa; 1107 Iowa Street.
Passed, adopted and approved
this 5th clay of April, 1943.
F. W. THOMPSON,
FRANK VAN DUELMAN,
W. W. MOFFATT,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
City Solicitor Iiintziug~er sub-
mitted verbal opinion stating that
the application of the Rod and Gun
Club fora Class "B" Beer Permit
for Private Club is iu legal form.
Councilman Thompson moved the
adoption of the resolution. Second-
ed by Councilman Van Duelman.
Carried by the following• vote:
Yeas-Councilmen Moffatt,
Thompson, Van Duelman.
Na,,•s-Mayor Murphy.
Councilman Wharton not voting.
Resolution Pd o. 40-43
~j'hereas, the Lot 172 of Glendale
Aclclitiou in the City of Dubuque,
Dubuque County, Iowa, was sold on
<lanuary 4, 1937, to Dubuque Coun-
ty, Iowa, by the County Treasurer
of Dubuque County, Iowa, for the '~
delinquent taxes and unpaid taxes
against the real estate for the 3'ears
1983 and 1935, inclusive, and
Whereas, the said Dubuque Coun-
ty, Iowa, desires to sell the above
described real estate to H. P. Lem-
per for $75.00, and
Whereas, the sale of said property
by Dubuque County, Iowa, to H. P.
Lemper for a sum less than the
total amount stated in the Tax cer-
tificate including all endorsements
of subsequent general taxes, inter-
ests and costs requires the written
approval of a majority of all the
tax-levying and tax-certifying bodies
having any interest in said general
taxes; Now, Therefore,
Be It Resolved by the City Coun-
cil of the City of Dubuque, Iowa,
that the sale of said property to
H. P. Lemper for the sum of $75.00
in cash, be and the same is hereby
authorized and approved.
Passed, adopted and approved
this 5th day of April, 1943.
GEO. R. MURPHY,
Mayor.
F. W. THOMPSON,
FRANK VAN DUELMAN,
W. W. MOFFATT,
ALBERT WHARTON,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Van Duelman moved
the adoption of the resolution. Sec-
onded by Councilman Wharton.
Carried by the following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, jVhartou.
Nay s-None.
There being no further business,
Councilmani Wharton moved to ad-
journ. Seconded by Councilman
Thompson. Carried by the follow
ing vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, tiVhartou.
Nays-None.
J. J. SHEA,
City Clerk.
Approved ....................................1943.
Adopted ....._ ...............................1943.
f<
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Special Session, April 12th, 1943
- ®~ ~ ~
(Official.)
Special Session, April 12th, 1943.
Comicil met at 7:30 P. M.
Present-Mayor Murphy, Coun-
cilmen Moffatt, Thompson, Van
Duelxnan, Wharton, City Manager
Rhomberg.
Meeting called by order of Couu-
cilmeu Thompson and Van Duel-
man.
Mayor Murphy read the call and
stated that service thereof had been
duly made and that this meeting is
called for the purpose of consider-
ing for final adoption Ordinance No.
5-43. An Ordinance relocating
Conuuercial Street, vacating Com-
xuercial Street as it now exists and
dedicating and establishing Coux-
mercial Street as relocated over
and across certain lauds owned by
the City of Dubuque in Dubuque
Harbor Improvement Co.'s Addition
in accot'dauce with the plat attach-
ed thereto and acting ou any other
business as ntaY Properly come be-
fore aregular Meeting of the City
Council.
Ordinance No. 5-43. An Ordin-
ance Relocating Commercial Street,
Vacating Conunercial Street as it
Now Exists and Dedicating and Es-
tablishing Couunerci~l Street as
Relocated Over and Across Certain
Lands Owned by the City of Du-
bugtte in Dubuque Harbor Improve-
ment Ca.'s Addition iu Accordance
with the Plat Attached Hereto, said
ordinance having been passed upon
first and second readings on April
5th, 1943, anti ordered placed on file
with the City Clerk for public in-
spection for at least one week be-
fore its final adoption, presented
and read a third time.
Ordinance No. 5®43
An Ordinance Relocating Com-
mercial Street, Vacating Commer-
cial Street as it Now Exists and
Declicatiug and Establishing Com-
mercial Street as Relocated Over
and Across Certain Lands Owned
by the City of Dubuque in Dubuque
Harbor Improvement Co.'s Addition
in Accordance `with the Plat Attach-
ed Hereto.
Whereas, the City of Dubuque is
the owner of certain lots in Du-
buque Harbor Improvement Co.'s
Addition to the City of Dubuque.
And, whereas, the City Council
deems it advisable to relocate Conx-
mercial Street iu accordance with
the plat entitled, "Plat of Reloca-
tion of Conunercial Street" hereto
attached and vacate Couunercial
Street as heretofore platted, which
is shown by the green color on said
plat and to dedicate and relocate
Commercial Street as shown in red
color on said plat. NOW, Therefore,
Be It Ordained by the City Coun-
cil of the City of Dubuque:
Section 1. That Commercial
Street in the City of Dubuque be,
and the same is hereby relocated in
accordance with the plat entitled
"Plat oY Relocation of Commercial
Street" hereto attached and made a
part hereof, by vacating Commer-
cial Street as shown on said plat in
green color and relocating Com-
mercial Street as shown ou said
plat in red color.
Section 2. That Commercial
Street as now established be, and
the same is hereby vacated.
Section 3. That Commercial
Street as relocated and shown on
the Plat hereto attached in red
color is hereby established as a
public street and dedicated to the
public for street purposes.
Section 4. That said plat entitled
"fiat of Relocation of Conmiercial
Stx'eet" be, and the same is hereby
approved and adopted.
Section 5. That the City Clerk be,
and he is hereby directed to record
with the County Recorder of Du-
buque County, Io`va, a copy of ibis
ordinance and the said plat entitled
"Plat of Relocation of Commercial
Street" anti thereafter said Com-
mercial Street as relocated shall be
opened and used for public pur-
poses.
Section G. If any section, para-
graph, clause or provision of this
ordinance should be held invalid,
the invalidity of such section, para-
graph, clause or provision shall not
affect any of the other provisions
of ibis ordinance.
Section 7. This ordinance shall
be in force and effect ten (10) days
from and after its final passage and
adoption by the City Council and
publication as provided by la~v.
Passed upon first and second
reading this 5th day of April, 1943.
Passed, acloptecl and approved on
fiua.l reading this 12th day of April,
1943.
GEO. R. MURPHY,
Mayor.
F. W. THOMPSON,
FRANI~ VAN DUELMAN,
W. W. MOFFATT,
ALBERT WHARTON,
Councihxieu.
Attest: J. J. SHEA,
City Clerk.
Published officially in the Tele-
graph-Herald newspaper this 14th
day of April, 1943.
J. J. SHEA,
City Clerk.
Special Session, April 1?th, 19-3 ~~
Councilman Van Duelman moved
the adoption of the ordinance. Sec-
onded by Councilman Wharton.
Carried by the following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
rnaxr, R%Irartou.
NTays-Noce.
Resolution No. 41-43
Whereas, Ordbinauce No. 5-43,
has been duly passed by the City
Council of the City of Dubuque re-
locating, establishing and dedicat-
ing Commercial Street) as shown on
a plat attached to said Ordinance,
said relocation of Conunercial
Street being shown in red color on
said plat;
Ancl, Whereas, said Commercial
Street as relocated is on property
owned by the City of Dubuque;
And, Z%Jhereas, the City Council
deems it advisable to dedicate and
establish Commercial Street as a
public street as relocated and es-
tablished by Ordinance No. 5-43
by a Resolution of this City Council.
\TOw, 'T'herefore,
Be It Resolved by the City Coun-
cil of the City of Dubuque:
That Commercial Street as re-
located anti sho:vn on the plat at-
tached to Ordinance No. 5-43, said
relocation of Conuuercial Street be-
ing' shown in red color on said plat
is hereby established as a public
street and dedicated to the public
for street Purposes; and that the
City Clerh be, and he is hereby di-
rected to record with the County
Flecorcler of Dubuque County, Iowa,
a copy of this Resolution at the
same time the Ordinance and plat
hereinabove refers°ed to are record-
ed and filed with the said County
Recorder°. anti thereafter said Com-
mercial Street as relocated shall be
opened anti used for public pur-
poses.
Passed, adopted and approved
this 12th clay of April, 1943.
GEO. R. MURPHY,
Mayor.
F. W. THOMPSON,
FRANIi VAN DUELMAN,
W. W. MOFFATT,
ALBERT WHARTON,
Councilmen.
Attest: J. J. SHEA,
City Cleric.
Councilman Van Duelman moved
the adoption of the resolution. Sec-
onded by Councilman Wharton.
Carried by the following vote:
Yeas-illayor Murphy, Council-
men Moffatt, Thompson, Vau Duel-
man, Wharton.
Nay s-None.
Notice of Claim of Catherine
O'Harrau, widow, in the amount of
~5,OG0.00 for injuries sustained in a
fall on au icy intersection at 17th
Street and Central Avenue at a
point a few feet north of the south-
west corner of 17th Street, pre-
sented and read.
Comrciluran Thompson move d
that the Notice of Claim be referred
to the City Solicitor for iuvestiga-
tiou aiicl report. Seconded by Coun-
cilman Van Duelman. Carried by
the following vote:
Yeas-11Iayor Murphy, Council-
men illoffatt, Thompson, Van Duel-
man, Wharton.
Nays-\'one.
Communication of Earl G. Harri-
son, Commissioner, Department of
Justice Iiurnigration and \Taturali-
zation, Plrilaclelphia, suggesting
that acity-wide proclamation be is-
sued proclaixxaing Sunday, )lay 16,
1913, as "I AM AN Ai\4ERICAN
DAY," presented and read.
Councilman Thompson m o v e cl
that tlxe communication be referred
to file 1bIayor with power to act.
Secanded by Councilman Van Duel-
man. Carried by the following
vote:
Yeas-Mayor 1llurphy, Council-
men 1\Ioffatt, Thompson, Van Duel-
man, Wharton.
iVays-None.
Communication of Benjamin Neal
for T'ictory Volunteer Committee,
srxggestirrg that a proclamation be
released as duickly as possible pro-
claiming Sunday, May 16, 1943, as
"I Alai :1N AMERICAN DAY" and
also that co-chair•meu anti various
conunittes be appointed who would
stimulate various groups to organ-
ize for its particular day during
Victory Volunteer Week and for t12e
cliniaz ou "I A1\1 AN AMERICAN
DAY," presented and read.
Coxrricilrnaxi Thompson m o v e cl
that the communication be referred
to the iVIayor with power to act.
Seconded by Councilman Van Duel-
nran. Carried by the following
vote:
Yeas-Mayor Murphy, Councii-
meu Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
Communication of Arnold A. and
Gertrude Dieterich submitting an
offer in the amount of X36.00 for the
purchase of the West 1/ of Lot 29S
and the West 1/a of Lot 299 of Wood-
laivn Park Addition, presented and
read.
Councilman Thompson move d
that the rules be suspended for the
i
°.
~:
Special Session, April 12th, 19=13
purpose of allowing any one pres-
ent iu the Council Chamber, Zvho
wishes to do so, to address the
Council. Seconded by Councilman
Van Duelman. Carried by the fol-
lowing vote:
Yeas-Mayor Murphy, Council-
: men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
Mr. Dieterich addressed the Couu-
cil in support of his offer for the
purchase of the VTest ? ~_ of Lots 293
and 299 in Woodla~vn Park Addi-
tion.
Councilman Wharton moved that
the communication be received and
filed. S e c o n d e cl by Councilman
Thompson. Carried by the follow-
ing vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Vau Duel-
man, Wharton.
Nays-None.
Resolution No. 42-43
bi
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i
Be It Resolved by the City Coun-
cil of the City of Dubuque, Iowa,
that it is deemed advisable to sell
the tiVest one-half of Lot 298 and
the West one-half of Lot 299 of
ZVoodlawn Park Addition iu the
City o£ Dubuque, Iowa, to Arnold
A. and Gertrude Dieterich, for the
sum of Eighty-six and no/100
(y30.00) Dollars, and to execute a
quit claim deed of said premises to
said grantees and deliver the same
to theta upon the payment of said
purchase price.
Be It Further Resolved, That the
Mayor and Clerk of said City of Du-
buque be, and they are hereby auth-
orized and directed to execute said
quit claim deed on behalf of the
City of Dubuque and to affix the of-
ficial seal of said City thereto.
Passed, adopted and approved
this 12th day of April, 1943.
GEO. R. MURPHY,
Mayor.
F. W. TIIOMPSON,
FRANK VAN DUELMAN,
W. W. MOFFATT,
ALBERT WHARTON,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Thompson moved the
adoption of the resolution. Second-
ed by Councilman Wharton. Car-
ried by the following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
Petition of the Dubuque Packing
Company requesting permission to
construct and maintain a metal
Pence in Sycamore Street from the
South lice of East 1Sth Street to
the North line of East 10th Street,
presented and read. 1VIr. M. H.
Czizek, Attorney, representing the
Dubuque Packing Company, and
iViajor Farrar of the United States
Army, addressed the Council in
support of the petition of the Du-
buque Packing Company.
Councilman Wharton moved that
the Petition together with the or-
dinance covering said request be
referred to the City Solicitor for in-
vestigation and report. Seconded
by Councilman Moffatt. Carried by
the following vote:
Yeas-1\Zayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
mau, Wharton.
Nays-None.
April 10, 1943.
To the Honorable Mayor and City
Council, Dubuque, Towa.
Gentlemen: Referring to attach-
ed petition of Mr. Hingtgeu, the
Planning and Zoning Commission
recommends the vacation of the
streets in that part of Nh•. Hingt-
gen's property bounded by Lafay-
ette, Clemensen, Lowry Streets and
the alley first south of Wuuderlich
Street as shown in attached plat.
The lots in this area are too small
to comply with the newer require-
ments and hence replatiug would be
required eventually.
Respectfully submitted,
DUBUQUE PLANNING AATD
ZONING COMMISSION,
By R. V. McKay, Secretary.
Councilman Van Duelman moved
that the recommendation of the
Planning and Zoning Commission
be approved and the City Solicitor
to be instructed to prepare the
proper proceedings. Seconded by
Councilman Thompson. Carried by
the following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
April 10, 194$.
To the Honorable Mayor and City
Council, Dubuque, Iowa.
Gentlemen: The Planning and
Zoning Commission recommends to
your Honorable Body the granting
of the petition of Morrison Bros.
Company attached herewith.
Respectfully submitted,
DUBUQUE PLANNING AND
ZONING COMMISSION.
By R. V. McKay, Secretary.
Councilman Van Duelman moved
that the recommendation of the
Plamiing and Zoning Commission
i
its..
----_ _--
Special Session, April 12th, 193 ~7
be approved and the City Solicitor
instructed to prepare the proper
proceedings. Seconded by Couucil-
man Moffatt. Carried by the fol-
lowing vote:
Yeas-NIaym• Murphy, Couucil-
meu Moffatt, Thompson. Van Duel-
man, Wharton.
Nays-None.
April 12, 1943.
To the Honorable Mayor and City
Council, Dubuque, Iowa.
Gentlemen: At the March 29th
session of the City Council the com-
munication of County Auditor Day-
kiu asking approval of the sale of
Lots 60 and 61 of Belmont Add. fer
$75.00 svgs referred to the Council
to view the grounds. Under date of
April 7th, the County Auditor wrote
asking approval of the sale of Lots
3 and 9 of Belmont Add. for $35.00.
The Council viewed these sites
on April 11th and decided to reject
both offers as being too low. I
recommend that the decisions of
the Council be confirmed.
Respectfully submitted,
A. A. RHOMBERG,
City Manager.
Councilman Thompson move d
that the recommendation of City
Manager Rhomberg be approved
and the decision of the Council be
confirmed. Seconded by Council-
man Vau Duelman. Carried by the
following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-Noce,
April 12, 1943.
To the Honorable Mayor and
City Council, Dubuque, Iowa.
Gentlemen: At the session of the
City Council held April 5th, the
petition of the J. C. Penney Com-
pany requesting permission to raise
the doors on the elevator shaft in
the alley in the rear of 361 Main
Street was referred to the Council
to view the grounds.
The Council viewed the site on
April 11th and decided to grant the
request on the following condition:
The work to be done under City
supervision, the alley to be sloped
oft gradually, the doors to be strong
enough to support vehicular traffic,
and the J. C. Penney Company save
the City harmless from liability. I
recommend that the decision of the
Council be confirmed and the City
Solicitor be instructed to prepare
the proper proceedings.
Respectfully submitted,
A. A. RHOMBERG,
City Manager.
Councihuan Van Duelman moved
that the recommendation of City
iJIanager Rhomberg be approved
and the decision of the Council con-
firmed and that the City Solicitor
be instructed to prePat•e the proper
proceedings. Seconded by Council-
man Thompson. Carried by the fol-
lowing vote:
Yeas-1~Iayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-Moue.
April 12, 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
Waterworks, also the list of claims
and payrolls for tivhich warrants
were drawn during the month of
March, 1943. The annual reports of
the Auditor, Treasurer, Health De-
partanent and Recreational Director
are also attached.
Respectfully submitted,
A. A. RHOI4IBERG,
City Manager.
Councihuan Vau Duelman moved
that the reports be received and
placed on file. Seconded by Coun-
cilman Thompson. Carried by the
following vote:
Yeas-Nlayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
1Vays-None.
Resolution No. 43-43
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 Nlauager
is directed to issue such permit on
behalf of said City.
l~Tame Address
Eileen H. Kaiser, 1405 Dodge
Street.
Be It Further Resolved that the
bond filed with the application be
approved.
Passed, adopted and approved
this 12th day of April, 1943.
GEO. R. MURPHY,
Mayor.
F. W. THOMPSON,
FRANK VAN DUELMAN,
W. W. MOFFATT,
ALBERT WHARTON,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
t
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1
1
~.,,.~s'
:~~~„
S8 Special Session, April 12th, 1943
Councilman Van Duelman moved
the adoption o£ the resolution. Sec-
oucled by Councilman Thompson.
Carried by the following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
1~Tays-None.
Resolutiorx iVo. 44-43
Whereas, heretofore application
Zvas filed by tixe within named ap-
plicants for Class "B" Beer Permit
and it has received the approval of
this Council; and
Whereas, the premises to be oc-
cupied by such applicants have
been inspected and found to comply
with the ordinances of this City and
they have filed a proper bond: Now,
Therefore, i
Be It Resolved by the Council of
the City of Dubuque that the Man-
ager be anti lae is herby directed to
issue to the following named appli-
cants aBeer Permit:
CLASS "B" PERMIT
Name Address
Elias and Ruby Mihalas, 574 East
16th Street.
Be Ii Further Resolved that the
bend filed by such applicants be
anti the same are hereby approved.
Passed, adopted and approved
this 12tix day of April, 1943.
GEO. R. MURPHY,
Mayor.
F. W. THOMPSON,
FRANK VAN DUELMAN,
W. W. MOFFATT,
ALBERT WHARTON,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilnxan Van Duelman moved
the addoption of the resolution. Sec-
onded by Councilman Moffatt. Car-
ried by the following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
There being no further business,
Councilman Thompson moved to
adjourn. Seconded by Councilman
Van Duelman. Carried by the fol-
lowing vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
I~Tays-None.
J. J. SHEA,
City Clerk.
Approved .................................1943.
Adopted ......................................1943.
Councilmen: ~ ......................................
Attest : ................................................
City Clerk.
-~.~;,r
- -
Special Sessi~~n, ~~pril 20th, 19-1 S9
n
- - ~~
(Offiicial)
Special Session, April 20th, 1943.
Council met at 7:30 P. M.
Present Mayor Murphy, Coun-
cilmen Moffatt, Thompson, Van
Duelman, Wharton, City Manager
Rhomberg.
Meeting called by order of Coun-
cilmen Moffatt and Van Duelman.
Mayor Murphy read the call and
stated that service thereof had been
duly made and that this meeting is
called for the purpose of consider-
ing applications for beer and cigar-
ette permits and acting on any oth-
er business as may properly come
before a regular meeting of the City
Council.
Councilman Thompson move d
that the rules be suspended for the
purpose of allowing any one pres-
ent in the Council Chamber, who
wishes to do so, to address the
Council. Seconded by Councilman
Van Duelman. Carried by the fol-
lowing vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
The Rev. M. J. Martin, President
of Loras College, Mr. Paul J. Voll-
mer, Senior Flight Supervisor for
CAA in this area, and Bernard
Buckmer, District Supervisor of the
CAA, addressed the Council in sup-
port of increased air facilities in
order to carry out the new training
program for naval air cadets which
has been inaugurated at Loras Col-
lege and advising Council that it is
absolutely necessary that an auxil-
iary field to the Municipal Airport
be made available for the carrying
out of this training program.
Mr. Charles McCarron addressed '
the Council presenting a verbal '
claim in the amount of $31.00 for
injuries sustained by his wife in a
fall on an icy street intersection at
16th and White Streets.
Councilman Wharton moved that
Mr. Charles McCarron be advised to
confer with the City Clerk relative
to the injury sustained by his wife
in a fall on an icy street intersec-
tion at 16th and White Streets in
order that the facts may be pre-
sented in writing and submitted to
the City Solicitor for investigation
and report. Seconded by Council-
man Thompson. Carried by the fol-
lowing vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Wharton.
Nays-Councilman Van Duelman,
State of Iowa
Treasurer of State
Des Moines.
April 14, 1943.
Mr. J. J. Shea, City Clerk,
Dubuque, Iowa.
Dear Sir: Enclosed please find
resolution of the City of Dubuque
naming maximum deposits in the
First National Bank, American
Trust and Savings Bank and Du-
buque Bank and Trust Company,
with the approval of the State
Treasurer indicated thereon.
Very truly yours,
W. G. C. BAGLEY,
Treasurer of State.
By: Chas. H. Barber,
Supt. State Sinking Fund.
Resolution No. 34-43
A resolution designating the de-
positories for public funds of the
City of Dubuque.
Be It Resolved by the City Coun-
cil of the City of Dubuque that the
following banks be appointed de-
positories of the public fiords, and
the City Treasurer is hereby aufh-
orized to distribute such fonds in
such banks in amounts not to ex-
ceed the following: First 1ational
Bank, $200,000.00; American Trust
and Savings Bank, $1x5,000.00; Du-
buque Bauk and Trust Company,
$125,000.00.
Be It Further Resolved that the
City Treasurer be and he is hereby
directed to file with the County
Treasurer of Dubuque County,
Iowa, a list of such depositories and
to keep such list on file with such
County Treasurer at all times.
Passed, adopted and approved
this 5th day of April, 1943.
GEO. R. MURPHY,
Mayor.
F. W. THOMPSON,
FRANK VAN DUELMAN,
W. W. MOFFATT,
ALBERT WHARTON,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
April 12, 1943.
The increase in maximum deposit
authorized in this resolution is
hereby approved.
W. G. C. BAGLEY,
Treasurer of State.
Councilman Wharton moved that
the communication and approval of
Treasurer of State W. G. C. Baglay
be received and made a matter of
record. Seconded by Councilman
Thompson. Carried by the follow-
ing vote:
_ _ ~
90 Special Session, April 20th, 193
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Y eas--lTayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
\Tays-None.
Notice of Hearing from the War
Dept. U. S. Engineer's Office, Rock
Island, Illinois, upon the application
of the Dubuque Boat and Boiler
Company for a Federal permit to
construct a bulkhead on the right
bank of the Mississippi River in the
City of Dubuque, Iowa, said hearing
to be held April 27, 1943, presented
and read.
Councilman ~Vhartou moved that
the Notice be referred to the City
Manager for the purpose of protect-
ing the interests of the City of Du-
buque. Seconded by Councilman
Van Duelman. Carried by the fol-
lowing vote:
Peas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
Communication of County Audi-
tor Daykin advising Council that
1VIr. Dix has increased his offer to
$100.00 for the purchase of Lots 60
and 61 of Belmont Addition and re-
questing Council action on said of-
fer, presented and read.
Councilman Wharton moved that
the communication be referred to
the Council for consideration. Sec-
onded by Councilman Thompson.
Carried by the following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Navs-None.
Communication of L a w r e n c e
Haugen submitting an offer in the
amount of $35.00 for the purchase
of Lot 35 of Burton's Addition, said
lot being owned b3* the City of Du-
buque, presented and read.
Councilman Van Duelman moved
that the communicaton be referred
to the Council to view the grounds.
Seconded by Councihnan Thomp-
son. Carried by the following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, tiVharton.
Nays-None.
Petition of the Postal Telegraph
and Cable Company protestig and
objecting to Ordinance 1~TO. 5-43
providing for the vacation of Com-
mercial Street and the relocation of
said street in accordance with a
plat attached to said ordinance, pre-
sented and read. Councilman Van
Duelman moved that the petition be
received and filed. Seconded by
Councilman Moffatt. Carried by the
following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-!Tone.
Petition of Thomas J. Mulgrew
Co. making application for a permit
to move a frame building located in
Block 9 of Dubuque Harbor Addi-
tion to their property located in
Block 16 of Dubuque Harbor Addi-
tion, -said building to be used as a
warehouse during the existing
emergency, presented aucl read.
Councilman Moffatt moved that
the request he granted and the City
Solicitor to be instructed to prepare
a prover resolution covering said
permit aucl that said permit is to
terminate six months after the end
of the etnerg~ency. Seconded by
Councilman Van Duelman. Carried
by the following vote:
Yeas-1Vlayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
Communication of the Librarian
of the Public Libt•ary submitting
annual reports of the Librarian and
the Baard of Trustees of the Public
Library, presented anclread.
Councihnan Van Duelman moved
that the reports be received and
placed on file. Seconded by Coun-
cilman Thompson. Carried by the
following• vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Vau Duel-
man, Wharton.
1~Tays-None.
April 20, 1943.
To the Honorable Mayor and
City Council, Dubuque, Iowa.
Gentlemen: This is to advise
that I have approved the following
policy and desire to have your ap-
proval on saute for filing:
TAXI-CABS
Joseph J. Even (Black and White
Cab Co.), 410 Eighth Avenue; Pol-
icy No. 12544, Monarch Mutual In-
surance Association.
Respectfully submitted,
A, A. RHOMBERG,
City Manager.
Councilman Thompson move d
that the bond be approved and
placed ou file. Seconded by Council-
man Vau Duelman. Carried by the
following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
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Special Sessi~~n, _~pril ';0th, 19=-13 91
April ~0, 13x3.
To the Honorable Mayor and
City Council, Dubuque, Iowa.
Gentlemen: A great inauy citi-
zens are planting victory gardens
for the home production of vege-
tables. This is an important and
necessary project because of the
food shortages caused by the glo-
bal war. In order to protect these
gardens from damage done by dogs
running at large it is necessary that
the ordinances of the City regulat-
ing clogs be revised.
The Code of Iowa, in the general
powers granted to cities and towns,
provides as follows: "5745. Power
to regulate, license, or prohibit.
They shall have power to limit the
number of, regulate, license, or pro-
hibit: . . . 4. Dogs. The running at
large of dogs within their limits,
and to require them to he kept up-
on the premises of the owners
thereof unless licensed to run at
large, and to provide for the de-
struction thereof when found at
large contrary to and in violation
of the provisions of any ordinance
passed pursuant to the power here-
in granted."
It is my recommendation that an
ordinance be passed prohibiting the
running at large of dogs within the
city limits and requiring them to
be kept upon the premises of the
owners or restrained by a leash
whexi in the streets and Public
places.
Respectfully submitted,
A. A. RHOMBERG,
City Manager.
Councilman Moffatt moved that
the recommendation of City DIan-
ager Rhomberg be approved aucl
the City Solicitor instructed to pre-
pare aproper ordinance. Seconded
by Councilman Wharton. Carried
by the following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
Ordinance No. 6-43. An Ordin-
ance vacating that part of Cypress
Street from Pine Street to East
Seventh Street; that Part of River
Street from East Seventh Street
southeasterly to a line drawn across
River Street running from the
Northeast corner of Lot 7, Block 13,
to the Southeast corner of Lot 19,
Flock 17, Dubuque Harbor Improve-
ment Co.'s Addition and the alley
running• parallel to and between
River Street and Pine Street from
East Seventh Southeasterly to a
line drawn across the alley running
from the Southeast corner of Lot
13 to the Northeast corner of Lot 3
of Lot 32 in Block 17, Dubuque Ha~•-
bor Improvement Co.'s Addition to
the City of Dubuque, Iowa, pre-
sented aucl 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. Cari•iecl by the fol-
lowing vote:
Yeas-Mayor Murphy, Comicil-
meu Moffatt, Thompson, Van Duel-
man, Wharton.
iVays-None.
Councilman Thompson move d
that the rules be suspended requir-
ing an ordinance to be read cn three
separate clays. Seconded by Coun-
cilman Van Duelman. Carried by
the following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
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 Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
Councilman Thompson move d
that the ordinance be placed on file
~i°ith the City Clerk for public in-
spection for at least one week be-
fore its final adoption. Seconded by
Councilman Van Duelman. Carried
by the following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, ~TJliarton.
Nays-None.
Resolution No. ~5-43
Whereas, Commercial Street in
the City of Dubuque has been duly
changed and relocated by Ordin-
ance and Resolution of the City
Council of the City of Dubuque,
Iowa, and,
ZVhereas, it appears the Postal
Telegraph and Cable Company had
telegraph lines and poles along
Commercial Street as originally es-
iablished, and,
Whereas, said poles and lines of
the Postal Telegraph and Cable
Company should be changed and re-
moved to Commercial Street as re-
located and changed, and 90 days'
notice in writing should be given to
said Postal Telegraph and Cable
Company to change and remove
said lines and poles to Commercial
Street, as changed and relocated;
Now, Therefore,
,.,;
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92 Special Session, ~~pril 20th, 19=13
Be It Resolved by the City Coun-
cil of the City of Dubuque:
That the City Manager of the
City of Dubuque, for and on behalf
of the City of Dubuque, cause no-
tice in writing be served upon the
Postal Telegraph and Cable Com-
pany directing them to remove, not
later than 90 days after the day the
notice is served upon said Postal
Telegraph and Cable Company, its
lines and poles from Commercial
Street as it heretofore existed to
Commercial Street as it has been
changed, established and relocated.
Passed, adopted and approved
this 20th day of April, 1943.
GEO. R. MURPHY,
Mayor.
F. W. THOMPSON,
FRANK VAN DUELMAN,
W. W. MOFFATT,
ALBERT WHARTON,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Van Duelman moved
the adoption of the resolution. Sec-
onded by Councilman Wharton.
Carried by the following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duei-
man, Wharton.
Nays-None.
resolution No. 46-43
Whereas, .T. C. Penney Company
filed an application with the Build-
ing Conunissioner of the City of
Dubuque 'stating that the elevator
doors and door frames in the rear
of the building at 861 Main Street
covering the elevator going into
the basement needs repairs; that
the doors are too lo~v and there is
danger of the basement of the same
being flooded by water running into
the elevator shaft, and,
Whereas, the matter has been
brought to the attention of the City
Council and they have viewed the
premises and deem it advisable that
the request be granted. I~TOw, There-
fore,
Be It Resolved by the City Coun-
cil of the City of Dubuque:
Section 1. That J. C. Penney Com-
pany be aucl they are hereby grant-
ed the right and authority to raise,
not to exceed 8 inches, door frames
and doors covering the elevator
shaft located in the rear of the
premises at 861 Main Street upon
condition that the alley is to be
gradually sloped from said frames,
the doors to be strong enough to
support vehicular traffic.
Section 2. Such work shall be
done under the supervision of the
City Manager.
Section 3. That the right to con-
struct and maintain such elevator,
doors and door frames shall be sub-
ject to the continuous control of the
City Council, reserving the right to
said Council to impose restrictions
or conditions upon the enjoyment
thereof as may be reasonably neces-
sary for the protection of the pub-
lic interests, including the right to
revoke and rescind the grant here-
by oracle if at any time the public
interest should require such revo-
cation.
Section 4. As a further consid-
eration for the rights and privileges
hereby granted, said J. C. Penney
Company, its successors and as-
signs, assumes all liability for dam-
ages to persons or property which
might result from the construction
and maintenance of the elevator
and elevator doors in said alley and
said J. C. Penney Company, at its
own expense agrees to defend any
and all claims and actions which
may be made or brought against the
City of Dubuque because of the
structure herein referred to and
should the City of Dubuque be re-
quired to pay any sum as damages
on account thereof, said J. C. Pen-
ney Company shall reimburse said
City therefor and shall hold said
City harmless from such damages.
Section 5. Should the rights and
privileges herein granted be re-
scinclecl or revoked, J. C. Penney
Company, its successors and as-
signs, at its own expense, upon
thirty days' notice, shall remove
these structures herein authorized
and restore the alley in as good
condition as it was before such
structures were placed thereon.
Section 6. This Resolution shall
become effective and the rights
hereunder shall accrue to J. C. Pen-
ney Company when this Resolution
has been accepted by said Com-
pan3*, which acceptance shall be en-
clorsecl hereon.
Passed, adopted and approved
this 20th day of April, 1943.
GEO. R. MURPHY,
Mayor.
F. W. THOMPSON,
FRANK VAN DUELMAN,
1V. W. MOFFATT,
ALBERT WHARTON,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
i,
- - -- _ __ _ _ 4 ~,;
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Special Session, _lpril 20th, 1943 93
P.cceptance of Resolution
N o. 46-43
J. C. Penney Company, having
knowledge of all the terms and con-
ditigns of Resolution No. 46-43,
does hereby accept Resolution No.
46-43 as adopted by the City
Council of the City of Dubuque on
the 20th day of April, 1943.
Signed this 13th day of May,
1943.
C. PENNEY COMPANY.
By A. W. HUGHES,
Executive Vice-President.
Attest: A. A. MAGNIER,
Assistant Secretary
Councilman Van Duelman moved
the adoption of the resolution. Sec-
onded by Councilman Thompson.
Carried by the following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
Resolution No. 47-43
Be It Resolved by the City Coun-
cil of the City of Dubuque:
Section 1. That the Dubuque
Packing Company, its successors
and assigns, be and it is hereby
granted the right and authority to
construct and maintain a metal
fence in Sycamore Street beginning
at the northeast corner of Lot No.
427, East Dubuque Addition No. 2,
thence proceeding easterly to a
point approximately eight feet east-
erly of the center line of the switch
track of the C. M. St.l P. Ry. Co.
located on the westerly side of said
Sycamore Street, thence southerly
in a direct line in Sycamore Street
to a point opposite the south line of
Lot No. 418 in said addition, and
thence westerly to the southeast
corner of said Lot No. 418.
Section 2. That such fence shall
be constructed under the super-
vision of the City Manager.
Section 3. That the right to con-
struct and maintain such fence, as
hereby conferred, shall be subject
to the continuous control of the
City Council, reserving the right to
said Council to impose restrictions
or conditions upon the enjoyment
thereof as may be reasonably nec-
essary for the protection of the
public interests, including the right
to revoke and rescind the grant
hereby made if at any time the pub-
lic interest should require such re-
vocation.
Section 4. As a further considera-
tion for the rights and privileges
hereby granted, said Dubuque Pack-
ing Company, its successors and as-
signs, assumes all liability for dam-
ages to persons or property which
might result from the construction
and maintenance of the structures
hereby authorized, and said Du-
buque Packing Company, at its own
expense, agrees to defend any and
all claims and actions which may
be made or brought against the
City of Dubuque because of the
structures herein referred to, and
should the City be required to pay
any sum as damages on account
thereof, said Dubuque Packing
Company shall reimburse said City
therefor and shall hold said City
harmless from such damages.
Section 5. Should the rights and
privileges herein granted be re-
scinded or revoked, Dubuque Pack-
ing Company, its successors and as-
signs, at its own expense, upon
thirty days' notice, shall remove
these structures herein authorized
and restore the street in as good
condition as iG was before such
structures were placed thereon.
Section 6. This Resolution shall
become effective and the rights
hereunder shall accrue to Dubuque
Packing Compauy when this Reso-
lution has been accepted by said
Compauy, which acceptance shall
be endorsed hereon.
Passed, adopted and approved
this 20th day of April, 1943.
GEO. R. MURPHY,
Mayor.
F. W. THOMPSOIV',
FRANK VAN DUELMAN,
W. W. MOFFATT,
ALBERT WHARTON,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
~4eceptance of Resolution
Dubuque Packing Company, hav-
ing knowledge and full under-
standing of all the terms and con-
ditions of Resolution No. 47-43,
hereby accepts the same as adopted
and agrees to comply with the
terms and conditions thereof.
Signed this 22nd day of April,
1943.
DUBUQUE PACKING
COMPANY.
By H. W. Wahlert, Pres.
Councilman Moffatt moved the
adoption of the resolution. Second-
i
s.
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9~ Special Session, April 20th, 1913
ecl by Councilman Van Duelman.
Carried by the following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
Resolution No. 4II-43
Be It Further Resolved by the
City Council of the City of Dubuque
tlxat the following, having complied
with the provisions of law relating
to the sale of cigarettes tivithin the
City of Dubuque, be granted a per-
mit to sell cigarettes and cigarette
papers within said City and the
Manager is directed to issue such
permit on behalf of said City.
Name Address
John P. Arensdorf, 2600 Central
Avenue.
Be It Further Resolved that the
bond filed with the application be
approved.
Passed, adopted and approved
this 20th clay of April, 1943.
GEO. R. MURPHY,
Mayor.
F. W. THOMPSON,
FRANK VAN DUELMAN,
W. W. MOFFATT,
ALBERT WHARTON,
Councilmen.
Attest: J. J. SHEA,
City Clerl:.
Councilman Thompson move d
the adoption of the resolution. Sec-
onded by Councilman Wharton.
Carried by the following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
l~Tays-None.
Resolution No. 49-43
Whereas, application for Class
"B" Beer Permit has been sub-
mitted to this Council for approval
and the same has been examined;
Now, Therefore,
Be It Resolved by the Council of
the City of Dubuque that the fol-
lowing application be and the same
is hereby approved and it is ordered
that the premises to be occupied by
such applicant shall be forthwith
inspected.
CLASS "B" PERMIT FOR
PRIVATE CLUB
Name Address
Dubuque Golf Club, End of Ran-
dall Place.
Passed, adopted and approved
this 20th day of April, 1943.
GEO. H. MURPHY,
Mayor.
F. W. THOMPSON,
FRANK VAN DUELMAN,
W. W. MOFFATT,
ALBERT WHARTON,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Thompson move d
the adoption of the resolution. Sec-
onded by Councilman Van Duelman.
Carried by the following vote:
Yeas-Mayor Murphy, Council-
men 1Vloffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
Resolution No. 50-43
Whereas, heretofore application
was filed by the within named ap-
plicants for Class "B" Beer Permit
and it has received the approval of
this Council; and
Whereas, the premises to be oc-
cupied by such applicants have
been inspected and found to comply
with the ordinances of this city and
they have filed a proper bond; Now,
Therefore,
Be It Resolved by the Council of
the City of Dubuque that the Man-
ager be and he is hereby directed
to issue to the following named ap-
plicants aBeer Permit.
CLASS "B" PERMIT
Name Address
Lester A. Wieser and Adele Wie-
ser, 1902 Central Avenue.
Be It Further Resolved that the
bond filed by such applicants be
aucl the same is hereby approved.
Passed, adopted and approved
this 20th day of April, 1943.
GEO. R. MURPHY,
Mayor.
F. W. THOMPSON,
FRANK VAN DUELMAN,
W. W. MOFFATT,
ALBERT WHARTON,
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 following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
There being no further business,
Councilman Van Duelman moved to
adjourn. Seconded by Councilman
__,__ ,,nr i - _
Special Session, April 20th, 1943 95
Thompson. Carried by the follow-
ing vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, tiVharton.
J. J. SHEA,
City Clerk.
Approved ................................... 1943
Adopted ..................................... 1943
......................................
......................................
Councilmen : .....................................
Attest : ................................................
City Clerk.
3