1943 May Council ProceedingsRegular Session, l2av 3rd, 19-F3 97
(Official)
Regular Session, May 3rd, 1943.
Council met at 7:30 P. M.
Present-Mayor Murphy, Council-
men Moffatt, Thompson, Vau Duel-
man, Wharton, City Manager Rhom-
berg.
Mayor Murphy stated that this is
the regular monthly meeting of the
City Council for the purpose of act-
ing upon such business as may pro-
perly come before the meeting.
Councilman Wharton moved that
the rules be suspended for the pur-
pose of allowing any one present
in the Council Chamber, who wish-
es to do so, to address the Council.
Seconded by Councilman Vau Duel-
man. Carried by the following
vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
Mr. Paul F. Smith, representing
the Office of Civilian Defense, ad-
dressed the Council stating that it
has become necessary to hire a paid
Secretary for the Office of Civilian
Defense and requesting that the
City of Dubuqtte co-operate in the
financing of one-half of the salary
of said Secretary.
Councilman Wharton moved that
the City Council provide one-half of.
the salary of an office employee for
the Office of Civilian Defense for a
period of at least six months. Sec-
onded by Councilman Van Duelman.
Carried by the following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
Mr. Henry Herrmann aclclressecl
the Council relative to the closing
of the Madison Street steps and re-
quested that the City of Dubut)ue
proceed with the making of the
necessary repairs on said steps and
cause the reopening of the stairway
and steps for pedestrian travel. Mr.
Slack addressed the Council and re-
quested that the Madison Street
steps be repaired and reopened as
he is unable to have access to his
property since the steps have been
closed by the Park Board. Mr. Herr-
ntann aucl Mr. Slack were advised
by the Council that the control and
jurisdiction of the Madison Street
steps rested in the Park Board and
the Council suggested that they at-
tend the meeting of the Park Board
and take up the question of repair-
ing and opening of the Madison
Street steps with the Parh Board.
Councilman Wharton moved that
City Manager Rhomberg be in-
structed to employ some competent
person to make an investigation of
the stands at the Ball Park and to
furnish the City Comicil with an
estimate of the cost to make the
stands safe for occupancy if said
stands are found not to be in a safe
condition. 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. John Luekritz, Physical Di-
rector of the Y.M.C.A., and mem-
bers of the Industrial League, ad-
dressed the Council petitioning for
the use of the Municipal Athletic
Field for the playing of soft ball
which is sponsored by the Indus-
trial League and asking a reduc-
tion in the rental fee for the use of
the Athletic Field, and stating that
in the past they have made a nom-
inal charge for admission to the
games aucl are unable to meet the
expenses and are showing a deficit
in their operation of this Industrial
League, and further stating that if
the rental charge was eliminated
entirely or greatly reduced they
would then be able to continue with
the operation of the Industrial
League.
Councilman Van Duelman moved
that the City Council grant the In-
dustrial League the free use of the
Municipal Athletic Field for the
playing of their soft ball games,
with the provision that they pay
for the cost of current for the light-
ing of said Municipal Athletic Fieid,
and also that they furnish the City
of Dubuque with a Liability Bond
to be approved by City Manager
Rhomberg. Seconded by Council-
man Thompson. Carried by the fol-
lowing vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
Petition of Catherine E. I~naken
petitioning City for the amount of
$5,000.00 for injuries sustained in
a fall on slippery street crossing at
Ninth and Maiu Streets, presented
anti read.
Councilman Van 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 Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
<..
~.
~.
98 Regular Session, lIaS- Ord, 19-3
i7otice of Claim of Mrs. Chas. H.
Dell in the amount of $15.00 for in•
juries sustained in a fall on an icy
street at the intersection of Twelfth
Street and Central Avenue, pre
seated and read.
Councilman Van Duelman moved
that the Notice of Claim be referred
to the City Solicitor for investiga-
tion and report. Seconded by Coun-
cilman Thompson. Carried by the
following vote:
Yeas-i~Zayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
Original Notice of Suit of Maurice
Hemiessey, Plaintiff, vs. City of Du-
buque, Defendant, in the amount of
$5,000.00 for personal injuries sus-
tained in tripping and falling over
au obstruction allowed to exist ou
the sidewalk on the southerly side
of West 17th Street in front of the
residence building known as No.
266 West 17th Street, presented and
read.
Councilman Van Duelman moved
that the Original Notice of Suit be
referred to the City Solicitor. Sec-
onded by Councilman Thompson.
Carried by the following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-Noce.
Original Notice of Suit of Jose-
phine Sponheiuter, Plaintiff, vs.
City of Dubuque, Defendan±, in the
amount of $7,500.00 for personal in-
juries sustained caused by tripping,
slipping and falling on and against
a ridge of ice located mi the cross-
walk at the southeast intersection
of Ninth and Main Streets, present-
ed and read.
Councilman Van Duelman moved
that the Original Notice of Suit be
referred to the City Solicitor. Sec-
onded by Councilman Thompson.
Carried by the following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
Communication of Agnes L Koe-
nig submitting an offer in the
amount of $40.00 for the purchase
of Lot 1 of 1 of 21 and Lot 2 of 2
of Lot 20 of Mills West Dubuque
Addition, said lots being ojvned by
the City of Dubuque, presented and
read.
Councilman Thompson to o v e d
that the offer be accepted. Second-
ed by Councilman Moffatt. Carried
by the following vote:
Yeas-Mayor Murphy, Council-
men iVIoffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
Resolution No. 51-43
Be It Resolved by the City Conu-
cil of the City of Dubuque, Iowa,
that it is deemed advisable to sell
Lot 2 of 2 of 20 aiid Lot 1 of 1 of
21 of 1/Iill's West Dubuque Addition
in the City of Dubuque to Agnes I.
I~oeuig for the sum of Forty and
No/100 ($40A0) Dollars and to
execute a quit claim deed of said
Premises to said grantee and de-
liver the same to her upon the pay-
ment of said Purchase price.
Be It Further Resolved that the
Mayor and Clerk of said City of
Dubuque be and they are hereby
authorized and directed to execute
said deed on behalf of the City of
Dubuque and to affil the official seal
of said City thereto.
Passed, adopted and approved
this 3rd day of May, 1943.
GEO. R. MURPHY,
Mayor.
F. W. THOMPSON,
FRANK VAN DUELMAN,
W. W. MOFFATT,
ALBERT WHARTON,
Councilnen.
Attest: J. J. SHEA,
City Clerk.
Councilman Van Duelman moved
the adoption of the resolution. Sec-
onded by Councilman llioffatt. Car-
ried by the following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None'.
Petition of Fred J. Huftill, a mem-
ber of the Fire Department, re-
questing that he be granted a leave
of absence as Provided for in Reso-
lution No. 14-41 as he has enlisted
in the P;aval Forces of the United
States, presented and read.
Councilman Van Duelman moved
that the request be granted and
oracle a matter of record. Seconded
by Councilman Wharton. Carried
by the following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
Petition of A. J. Eisenegger mak-
ing application for refunds of the
unused one-fourth portico of Class
"B" Beer Permit No. 71 and Cigar- .
ette License No. 85, as he has dis-
continued business as of April 1,
1943, presented and read.
Couuciintan Thompson moved .
that the request be granted and the
City Auditor instructed to draw a
warrant iu the amount of $50.00 iu
favor of A. J. Eisenegger to cover
the amount of refund granted oO
the unexpired portion of his Class
"B" Beer Permit No. 71, and also
Regular Session, ~Ia~- 3rd, ? 9-13 99
to draw a warrant in the amount
of $25.00 in favor of A. J. Eisen-
egger to cover the amount of re-
fund granted ou the unexpired por-
tion of his Cigarette License No. 85.
Seconded by Concilman Van Duel-
ma,u. Carried by the following
vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
ntan, Wharton.
Nays-None.
Petition of Adolph G. Stotz et al.
requesting that the improvement
started on West 16th Street, put-
ting through the street to Cox
Street and connecting tivith Cath-
erine Street, be completed and also
that some improvement be made at
the end of Henion Street to take
care of the surface water, and also
that a street light be placed at or
near the intersection of West 16th
Street and Henion Street, present-
ed and read.
Councilman Van Duelmau moved
that the petition be referred to the
Council to view the grounds. Sec-
onded by Councilman Wharton.
Carried by the following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Vau Duel-
mau, Wharton.
Nays-None.
Petition of Emil J. Wiedner et al.
requesting' the abatement of the
noises at night caused by the night
operation of the Meader Brothers'
placing and saw mill, located at 410
Garfield Avenue, presented and
read.
Councilman Wharton moved that
the petition be referred to the Coun-
cil to view the grounds. Seconded
by Couccihnaii Van Duelmau. Car-
ried by the following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
mau, Wharton.
Nay s-None.
2422 University Avenue
Dubuque, Iowa.
May 3, 1943.
City Manager A. A. Rhomberg.
Hon. Mayor and City Council,
Dubuque, Iowa.
Gentlemen: Some time ago I
was approached by Mr. Mueller, of
the Twin Valley Milk Company,
with a Petition for the establish-
ment of a pasteurizing plant, to be
located in what is known as the
NIorh's Oil Station, located between
Irving and O'Hageu Streets, on TJni-
versity Avenue, and believe the
same is to come up for a hearing
tonight at the Council meeting.
This is to advise that I herewith
cancel my signature to said Appli-
cation, and do not wish to be con-
sidered as being in favor of the
establishment of the proposed
Mueller-Twin Valley Dairy Co.
plant and its intended operations at
this designated place. Kindly so in-
dicate in your minutes of this meet-
ing and any other meetings that
may be called for the further hear-
ing on this said Application or Peti-
tloll.
Thanking you, I remain,
Yours truly,
(Mrs.) GRACE V. W. JAEGER,
2422 University Ave.
Dubuque, Iowa.
Couucihnau Thompson move d
that the communication be received
and made a matter of record. Sec-
onded by Couucihnan Van Duel-
mau. Carried by the following
vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
mau, Wharton.
Nays-None.
1229 Jackson Street.
Dubuque, Iowa.
May 3, 1943.
To the Councilmen of the
City of Dubuque:
I have been informed that a Mr.
Miller wants to .establish a milk
bottling and cheese industry in the
vacant Oil Station adjoining my
property on University Avenue. I
wish to file this formal statement
of my protest of this action. It will
harm and deteriorate the value of
the adjacent property. Secondly, I
understand, this section of the City
has been designated by the Zoning
Commission for local business and
resident homes and not conunercial
iticltistry. Furthermore, there is not
sufficient room for such an enter-
prise in that location and noise of
the work, which will be carried ou
to a great extent at night and early
morning, will disturb the sleep of
the etltire community, to say noth-
ing oY the odors that tivill also be
a result.
Respectfully submitted,
MRS. CORA WOLFE.
Councilman Thompson move d
that the communication be received
and made a matter of record. Sec-
onded by Councilman Moffatt. Car-
ried by the following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
utau, Wharton.
Nays-None.
Dubuque, Iowa, May 3, 1943.
Hon. Mayor and City Council.
Dubuque, Iowa.
Gentlemen: As a prospective
property owner in the vicinity of
what has been known as the Mork
Oil Station, located on University
-- {
~j
~;-s
>_
~,r
~ ., , ~aF
100 Regular Session, May 3rd, 1943
Avenue, between Irving and O'Ha-
gen Streets and adjacent to the
Corken Grocery Store, T hereby
Svish to register my objections to
the opening of the proposed pro-
cessing plant, for milk products, in
said property. The property which
I am negotiating for at this time is
situated directly in the rear of and
adjacent to said property, formerly
occupied by the Mork Oil Station.
Yours truly,
LEO F. JAEGER.
Councilman Thompson move d
that the communication be received
and made a matter of record. Sec-
onded by Councilman Moffatt. Car-
ried by the following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
May 3, 1943.
Sirs: We do not want this dis-
trict rezoned.
MR. AND MRS. WISE.
2150 University Avenue.
Councilman Thompson move d
that the communication be received
and made a matter of record. Sec-
onded by Councilman Moffatt. Car-
vied by the following vote:
Yeas-Mayor Murphy, Couneil-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
Petition of John Mueller request-
, ing a permit for the operation of
a creamery for the pasteurization
of mills, skimmed milk and cream
at the proposed location of 2197
University Avenue, presented and
read.
Councilman Thompson move d
r; ::
-
i
that the petition be referred to the
,, ; Planning and Zoning Commission
£or their recommendation and re-
port. Seconded by Councilman
"," I ~ Wharton. Carried by the following
~ vote:
's `..,
~~ ._„
}l!
,
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
- - -
~~ hartou.
man W
,
i ~; Nays-None.
.,
~r-
._ ~, ' Ordinance No. 7-43. An Ordi-
}
~, Hance providing for the vacation of
iq' :i ~ '~
~' certain streets and alleys in Fair-
[;,.;: ` ,
,
;; i wont Park Addition to the City of
i, = ` Dubuque, presented and read.
~ ~~ Councilman Thompson move d
° -.: that the reading just had be con-
e-:',;. ,
t,. ,.
sidered the first reading of the ordi-
~~ ", Hance. Seconded by Councilman
' Van Duelman. Carried by the fol-
~ ': '
- I
~
I lowing vote
~;
_;
i` ;,' Yeas-Mayor Murphy, Council-
meu Moffatt, Thompson, Van Duel-
- i ~ man, Wharton.
Nays-None.
Councilman Thompson move d
that the rules be suspended requir-
ing an ordinance to be read on
three separate days. Seconded by
Councilman 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 con-
sidered the second reading of the
ordinance. 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
with the City Clerk for public in-
spection far at least one week bey
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.
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 March, 1943,
presented and read.
Councilman Van Duelman moved
that the proof of publication be re-
ceived and filed. Seconded by Coun-
cilman Wharton. Carried by the
following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
Ordinance No. 6-43. An Ordi-
nance vacating that part of Cypress
Street from Pine Street to East
Seventh Street; that part of River
Street southeasterly to a line drawn
across River Street running from
the Northeast corner of Lot 7, Blocli
13, to the Southeast corner of Lot
19, Bloch 17, Dubuque Harbor Ilu-
provement Co.'s Addition, and the
alley running parallel to and be-
tween River Street and Pine Street
from East 7th Street Southeasterly
to aline 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, Du-
buque Harbor Improvement Co.'s
Addition to the City of Dubuque,
Iowa, said ordinance having been
passed upon first and second read-
ings on April 20t1i, 1943, and order-
`#^ '
4 ..
Regular Session, lla~' 3rd, 19=1 ~ 101
ed placed on file with the City Clerk
for public inspection for at least
one week before its final adoption,
presented and read a third time.
ORDINANt'E NO. 6-43
An Ordinance vacating that part
of C3'press Street front Pine Street
to East Seventh Street; that part
of River Street from East Seventlt
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.
Block 17, Dubuque Harbor Improve-
ment Co.'s Addition and the alley>
running parallel to and between
River Street and Pine Street from
East Seventh Street Southeasterly to
a line drawn across the alley run-
ning from the Southeast corner of
Lot 13 to the Northeast corner of
Lot 3 of Lot 32 in Block 17, Du-
buque Harbor Improvement Co.'s
Addition to the City of Dubuque,
Iowa.
jSrHEREAS, a request has been
filed with the City Council of the
City of Dubuque to vacate that part
of Cypress Street fi•om Pine Street
to East Seventh Street, described as
Lot B on a plat attached to said re-
quest, to vacate River Street fi•om
East Seventh Street Southeasterly to
a line drawn across River Street
running from the northeast corner
of Lot 7, Block 13, to the South-
east corner of Lot 19, Block 17, Du-
buque Harbor Improvement Co.'s
Addition, the same being described
as Lot A on the Plat attached to
said request, and the alley' running
parallel to and between River Street
and Pine Street from East Seventh
Street Scutheasterly to a line drawn
across the alley running from the
Southeast corner cf Lot 13 to the
Northeast corner of Lot 3 of Lot 32
in Block 17, Dubuque Harbor Int-
provemeut Co.'s Addition to the City
of Dubuque, Iowa, the same being
described as Lot C and Lot D on the
plat attached to said request, which
request has been submitted to the
Planning and Zoning Commission for
its recommenda:son and report, and,
ZVHEREAS, the said Planning and
Zoning Commission has filed its re-
port with the City Council herein,
recommending the granting of said
request, and,
ZVHEREAS, the City Council finds
that the portimts of the streets and
alleys hereinbefore described are not
needed for streets and alley purposes
and the vacation thereof will not in-
jure, damage or interfere ~~°ith the
use of, or accessability to private
property adjoining said alleys, all of
said private property being owned by
the Morrison Bros. Co., and that said
streets and alleys should be vacated
as requested.
Now, Therefore,
BE IT ORDAIi\TED BY TFIE CITY
COUNCIL OF THE CITY OF DU-
BIi QUE
Section 1. That that part of Cy-
press Street from Pine Street to
East Seventh Street, described as
Lot B on a plat attached to said re-
quest, to vacate River Street from
East Seventh Street Southeasterly to
a line drawn across River Street run-
ning from the 1ortheast corner of
Lot 7, Bloclc 13, to the Southeast
corner of Lot 19, Elock 17, Dubuque
Harbor Improvement Co.'s Addition,
the same being described as Lot A
on the plat attached to saki request,
and the alley' running parallel to and
between River Street and Pine
Street from East Seventh Street
Southeasterly to aline drawn across
the alley running from the South-
easterly corner of Lot 13 to tFie
Northeast coiner of Lot 3 of Lot 32
in Block 17, Dubuque Harbor Iln-
provement Co.'s Addition to the City
of Dubuque, Iowa, the same being
described as Lot C and Lot D on
the plat attached to said request, be,
and the same is hereby vacated and
the public use thereof is hereby an-
nulled.
Section 2. That in consideration of
the sum of One ($1.00) Dollar, re-
ceipt of which is hereby acknow-
ledged, and other valuable consider-
ation, said vacated areas be and
the same are hereby granted and
conveyed to Morrison Bros. Co., its
successors and assigns
Section 3. That the liIayor and the
Clerk of the City of Dubuque are
hereby authorized to execute a
duit claim deed of said vacated areas
ou behalf of the City of Dubuque
to 1\Torrisou Pros. Co.
Section 4. That the Cierlc be, and
he is hereby directed to file in the
office of the Recorder of Dubuque
County, a certi~ied copy of this Or-
dinance together with a copy of the
plat attached to the request filed
herein.
Section 5. This Ordinance shall be
in force and effect from and after
its rival passage, adoption and ap-
proval by the City Council and pub-
lication as provided by laR>, and
when the same has been accepted
by said 1\Iorrison Bros. Co., which
acceptance shall be endorsed hereon
and ~vheu the costs of publishing the
same have been paid by said Co.
Passed upon first and second read-
ings this 20th. clay of April, 1913.
Passed, adopted and approved upon
final reading this 3rd. clay of \fay,
1913.
GEO. R. MURPHY.
lIa Yor
F. ~V. THOZ\IPSON.
FRANK VAN DUELitIAN.
SST. ~V. MOFFATT.
ALBERT tiZTHARTON.
Councilmen
Attest: J. J. Shea.
City Cleric.
Acceptance Of Ordinance No.6-43
Morrison Bros. Co., having knowl-
edge of all the terms and coucli°
tions of Ordinance No G-43, does
hereby accept Ordinance No. G-43 as
adopted by the City Council of the
City of Dubuque on the 3rd. clay of
May, 1918.
Signed this 10th, day of ilfay, 1913.
MORRISON BROS. CO.
By j~~ N. Glab.
Pres.
Published officially in The Tele-
graph-Herald newspaper this 11th.
day of flay, 1943
J. ,I. SHEA.
City Clerk.
5-11-1t.
Councilman Thompson moved the
adoption of the ordinance. Second-
ed by Councilman Moffatt. Carried
by the following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
102 Regular Session, 12ay 3rd, 19'}3
i
~;
~',i ° .
is
j ~
i
t.' r ,
Il'
€€t:
4~;
ii-
r," _: ` ,
F
i;
May 3, 1943.
To the Honorable Mayor and
City Council, Dubuque, Iowa.
Gentlemen: Deficits exist in sev-
eral of the special assessment funds
which nozv have no bonds outstand-
ing and no collections to be re-
ceived. These deficits arise from
several causes: First, the sale of
tax delinquent property by the
County and the subsequent issu-
ance of Treasurer's cleecls, jvhich
operates to wipe out the unpaid
special assessments; second, the re-
duction of assessments by compro-
nrise in the past without proper pro-
vision for the payrneut of the re-
mitted portion and the interest
thereon; third, the shortage of in-
terest that is inevitable with the
same interest rate (5%) applying
to the partial payments as does to
the bonds but the redemption of the
bonds and the termination of the
interest on them dependent upon
the accumulation of enough pay-
ments to retire bonds of rather
large denominations.
I recommend, in accordance with
Section 6211-3 of the Code of Iowa,
to meet the deficiencies in assess-
ments, that $1,424.59 be paid from
the Improvement Fund to the fol-
lojving funds as follows: $475.91 to
Fund 938 for the improvement of
Pennsylvania Avenue; $931.37 to
Fuzed 940-941, sanitary sewer in
Grandview Heights Addition; $4.54
to Fund 942, sanitary connection;
$12.77 to Fund 943, sidewalk on
South Grandview Avenue.
Respectfully submitted,
A. A. RHOMBERG,
City Manager.
Councilman Wharton moved that
the recommendation of City Man-
ager Rhomberg be approved and
the City Auditor to be instructed to
draw a warrant in the amount of
$1,424.59 against the Improvement
Fund and credit the same to the
various funds as recommended in
order to meet the deficiencies in
assessments. Seconded by Council-
man LVIoffatt. Carried by the follow-
ing vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
nran, Wharton.
Nays-None.
April 22, 1943.
In re: Claim of Anna Schmitt.
Honorable Mayor and City Council,
City of Dubuque, Iowa.
Gentlemen: In reference to the
above claim of Anna Schmitt for
$2,450.00 for damages sustained by
her from a fall on a sidewalk on
the easterly side of White Street
about twenty-five feet south from
22nd Street, from my investigation
it appears that this sidewalk was
covered with ice and snow which
created a dangerous condition; that
when she fell she sustained a frac-
ture of her ankle, incurred medi-
cal expense in the amount of
$50.00 and additional help in the
amount of $42.00. That she lost
a total amount of wages in the
amount of $180.00. She claims that
said injury is permanent. After
conference with her attorney, they
have agreed to accept $200.00 in
full payment of this claim.
I recommend that a warrant be
drawn payable to E. H. Winging,
Attorney for Anna Schmitt, in the
amount of $200.00 and that the
same be delivered upon the delivery
to the City of a proper release.
The claim is herewith returned.
Yours truly,
JOHN J. KINTZINGER,
City Solicitor.
Councilman Van Duelman moved
that the recounnendation of City
Solicitor Kintzinger be approved
and the City Auditor to be in-
structed to draw a warrant in the
amount of $200.00 in favor of E. H.
Winging, Attorney for Anna
Schmitt, as settlement in full of the
claim of Anna Schmitt and that
said warrant be delivered upon re-
ceipt of a properly executed release
by the City of Dubuque. Seconded
by Councilman Thompson. Carried
by the following vote:
May 1, 1943.
To the Honorable Mayor and
City Council, Dubuque, Iowa.
Gentlemen: At the session of the
City Council held April 20th, the
notice of the application of the Du-
buque Boat and Boiler Co. to the
Federal Government for a permit
to construct a bulkhead with filling
to be dredged from Dubuque Har-
bor was referred to me with in-
structions to protect the City's
interest.
Accordingly, a written statement
of the City's position was filed with
the District Engineer of the War
Department at Rock Island, Illinois.
The correspondence is hereto at-
tached. I recommend that the COrn-
mtmications be received and placed
on file as a matter of recm•d.
Respectfully submitted,
A. A. RHOMBERG,
City Manager.
Councilman Van Duelman moved
that the recommendation of City
Manager Rhomberg be approved.
Seconded by Councilman Moffatt.
Carried by the following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
1:e~ular Session, 11a~- 3rd, 19-3 103
Yeas-Mayor Murphy, Council-
men :Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
Resolution No. 52-43
Whereas, Thomas J. Mulgrew Co.
has flied with the Mayor and Coun-
cil of the City of Dubuque an Ap-
plication for permission to move a
frame building owned by it located
in Block 9, Dubuque Harbor Addi-
tion to Elock 16, Dubuque Harbor
Addition, now being used as a ware-
house, easterly on Jones Street to
Terminal Street and then southerly
to Terminal Street to Block 16 on
real estate owned by the applicant,
said building to be used as a ware-
house at the new location during
the emergency, and,
Whereas, certain war restrictions
on building materials prevent the
applicant from erecting a new build-
ing until after the war, and,
Whereas, this Council has inves-
tigated the matter and is fully ad-
vised in the premises, is of the
opinion that the Application to
move said building and use the
same as a warehouse during the
war emergency should be granted.
Now, Therefore,
Be It Resolved by the City Coun-
cil of the City of Dubuque:
That the Application of Thomas
J. Mulgrew Co. for a permit to
move a frame building owned by it
and located in Block 9, Dubuque
Harbor Addition to Block 1G, Du-
buque Harbor Addition, be, and the
same is hereby granted upon the
eipress condition that said i~r~ucl-
iug is to be used as a warehouse
and the use thereof is to terminate
one year after the war ends; and
upon the further condition that any
aucl all damages caused in the mov-
ing of said building to, or upon the
streets or any other property is to
be paid by Thomas J. Mulgrew Co.
and said Thomas J. Mulgrew Co.
does hereby accept said liability.
This Resolution granting a tem-
porary permission for use of the
building during the war emergency
as hereinbefore set forth shall be
effective only when the same has
been accepted by Thomas J. 1VIu1-
grew Co., which acceptance shall
be endorsed hereon.
Passed, adopted and approved
this 3rd day of May, 1943.
GEO. R. MURPHY,
Mayor.
F. W. THOMPSON,
FRANK VAN DUELMAN,
tiV. W. MOFFATT,
ALBERT WHARTON,
Councihneu.
Attest: J. J. SHEA,
City Clerk.
ACCEPTANCE OF RESOLUTION
Thomas J. Mulgrew Co., having
knowledge and full understanding
of all the terms and conditions of
Resolution No. 52-43, hereby ac-
cepts the same as adopted and
agrees to comply with the terms
and conditions thereof.
Signed this 11th day of May,
1943.
THOMAS J. MULGREW CO.
By Thomas J. Mulgrew,
President.
Councilman Thompson moved the
adoption of the resolution. Second-
ed by Councilman Moffatt. Carried
by the following vote:
Yeas-Mayor Murphy, Council-
men 1VIoffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
Resolution No. 53-43
Be It Resolved by the City Coun-
cil of the City of Dubuque, Iowa,
that it is deemed advisable to sell
Lot 35 of Burton's Addition iu the
City of Dubuque, Iowa, to Lawrence
and Ruth Haug~en for the sum of
Thirty-five and No/100 ($35.00)
Dollars and to execute a quit claim
deed of said premises to said gran-
tees and deliver the same to them
upon the payment of said purchase
price.
Ee It Further Resolved That the
Mayor and Clerk of said City of
Dubuque be, and they are hereby
authorized and directed to execute
said deed on behalf of the City of
Dubuque and to affix the official seal
of said City thereto.
Fassed, adopted and approved
this 3rd clay of. May, 1943.
GEO. R. MURPHY,
Mayor.
F. W. THOMPSON,
FRANK VAN DUELIVIAN,
tiV. W. MOFFATT,
ALBERT WHARTON,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Moffatt moved the
adoption of the resolution. Second-
ed by Councilman Van Duelman.
Carried by the following vote:
Yeas-Mayor Murphy, Couucil-
men Moffatt, Thompson, Vau Duel-
man, Wharton.
Nays-None.
Resolution No. 54-43
Whereas, Lots 60 and 61 of Bel-
mont Acld. in the City of Dubuque,
Dubuque County, Iowa, were sold
on February 3, 1936, to Dubuque
County, Iowa, by the County Treas-
urer of Dubuque County, Iowa, far
the delinquent taxes and unpaid
taxes against the real estate for the
years 1929 to 1934, inclusive, and
•t
,,i,
~.
i
k
104 Regular Session, NIay 3rd, 1943
Whereas, the said Dubuque Coun-
ty, Iowa, desires to sell the abova
described real estate to Leo Dix for
$100.00, and
Whereas, the sale of said prop-
erty by Dubuque County, Iowa, to
Leo Dix for a sum less than the
total amount stated in the tax cer-
tificate including all endorsements
of subsequent general taxes, in-
terests and costs requires the writ-
ten 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
Leo Dix fm• the sum of $100.00 in
cash, be and the same is hereby
authorized and approved.
Passed, adopted and approved
this 3rd day of May, 1943.
Attest
GEO. R. MURPHY,
Mayor.
F. W. THOMPSON,
FRANK VAN DUELMAN,
W. W. MOFFATT,
ALBERT WHARTON,
Councilmen.
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.
~:,
{'
''
Resolution No. 55-43
Whereas, applications for Beer
Permits have been submitted to
this Council for approval and the
same have been examined; Now,
Therefore,
Be It Resolved by the Council of
the City of Dubuque that the fol-
lowing applications be and the
same are hereby approved acid it is
ordered that the premises to be oc-
cupied by such applicants shall be
forthwith inspected.
CLASS "B" PERMIT FOR
PRIVATE CLUB
Dubuque Metal Trades Council
Club, 290 West Fourth Street.
CLASS "C" PERMIT
Thompson & Hogan (F. W.
Thompson), 55 Locust Street.
Carl Van Duelman, 590 Seminary
Street.
Passed, adopted and approved
this 3rd day of May, 1943.
GEO. R. MURPHY,
Mayor.
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, Wharton.
Nays-None.
Councilman Thompson not voting
Resoltion No. 56-43
Whereas, heretofore applications
were filed by the within named ap-
plicants for Beer Permits and they
have received the approval of this
Council; and
Whereas, the premises to be oc-
cupied by such applicants have
been inspected and found to comply
with the ordinahces of this City and
they have filed a proper hood, Now,
Therefore,
Be It Resolved by the Council of
the City of Dubuque that the Man-
ager be and he is hereby directed
to issue to the following named ap-
plicants aBeer Permit:
CLASS "B" PERMIT
Name Address
R. H. Clancy (Transfer of address
from 1179 Iowa Street), 336 Main
Street.
k, George Deyoe, 469 Main Street.
~ ~ CLASS "B" PERMIT Frank Ries and Kathryn Reis,
'' '~ ~ 509 Eighth Avenue.
;:, .;: ., : I \Tanie Address Dell Warren and Ralph Warren,
` ' ` ' R. H. Clanc (Transfer of ad-
~ ~, Y 1700 Central Avenue.
~'''"':` ~ dress from 1179 Iowa Street), 336 Martin Me ei• and Vernon Me ei°,
,,, .: ! Y Y
' Main Street. 530 East 22nd Street.
~; F' . ° ! I, ~,' George Deyoe, 469 Main Street. Harry N. Gantert and Lucile Gan-
Frank Ries and Kathryn Ries,
' ~ ~ 509 Eighth Avenue. tent, 1301 Rhomberg Avenue.
+; ~:. -: , ~ George T. Vrotsos and Spiros D.
', Dell Warren and Ralph TVarreu, Coven, 605 Main Street.
°,, I 1700 Central Avenue.
V: 1VIartin Meyer and Vernon Meyer, CLASS "B" PERMIT FOR
~:' - ':' ! ~~ 530 East 22nd Street. PRIVATE CLUB
{: Harry N. Gantert and Lucile Gan- Dubuque Metal Trades Council
~: " ` 1 ; tent, 1301 Rhomberg Avenue. Club, 209 West Fourth Street.
' George T. Vrotsos and Spiros D. Dubuque Golf Club, End of Ran-
Coven, 605 plain Street. dall Place.
fkf ..
4S "'
fit'
it.
_ ~~;~, ..
Regular Session
CLASS "C" PERMIT
Thompson & Hogan (F. W.
Thompson), 55 Locust Street.
Carl Van Duelman, 590 Seminary
Street.
Be It Further Resolved that the
bonds filed by such applicants be
and the same are hereby approved.
Passed, adopted and approved
this 3rd day of May, 1943. I
GEO. R. MURPHY,
Mayor.
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, Van Duelman, Whar-
ton.
Nays-None.
Councilman Thompson not vot-
ing.
Application of The Travelers
Club fora Class "B" Beer Permit
for Private Club, presented and
read.
Councilman Moffatt moved that
the application of the Travelers
Club fora Class "B" Beer Permit
for Private Club be referred to the
Council for investigation. Seconded
by Councilman Thompson. Carried
by the following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
Councilman Thompson move d
that City Manager Rhomberg a,nd
City Solicitor Kintzinger be in-
structed to make arrangements for
the securing of an auxiliary airport
landing field and to submit their
report back to the City Council.
Seconded by Councilman Moffatt.
Carried by the following vote:
Yeas-Mayor Murphy, Council-
men NIoffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
There being uo further business,
Councilman Van Duelman moved to
adjourn. Seconded by Councilman
Thompson. Carried by the follow-
ing vote:
Yeas-Mayor Murphy, Council-
lIa}> 3rd, 1943 105
men Moffatt, Thompson, Van Duel•
man, Wharton.
Nays-None.
J. J. SHEA,
City Clerk.
Approved ...... ............................1943,
Adopted ......... ...........................1943,
.....................................
Councilmen : .
. .....................................
.....................................
Attest : ........... .....................................
City Clerk.
~,
;...~,i
106 Special Session, May 5th, 1943
Councilman Wharton moved that
Council recess. Seconded by Coun-
cilman Moffatt. Carried by the fol-
lowing vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
Council recessed at 9:00 P. M.
and reconvened at 9:30 P. M.
Councilman Wharton moved that
the City proceed with the purchase
of the Kyne-Guillien farm consist-
ing of 151 acres in Table Mount
Township as soon as arrangements
are completed with the tenant
thereon, the said land to form the
nucleus of an airport as approved
by the voters in the election of No-
vember 3rd, 192. Seconded by
Councilman Moffatt. 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 Council-
man Thompson. Carried by the fol-
lowing vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
J. J. SHEA,
City Clerk.
Approved ................................... 1943.
Adopted ............._.......... _......... 1943.
Councilmen : .....................................
Attest : ................................................
City Clerk.
(Official)
Special Session, May 5th, 1943.
Council met at S:00 P. M.
Present-Mayor Murphy, Couu-
cilmem Moffatt, Thompson, Van
Duelman, Wharton, City 1Vianager
Rhomberg.
Meeting called by order o£ Coun-
cilmen Van Duelman and Moffatt.
Mayor Murphy read the call and
stated that service thereof has been
duly made and that this meeting is
called for the purpose of discussing
the matter of an auxiliary airport
landing field and acting on any
other business as may properly
come before a regular meeting of
the City Council.
Councilman Wharton moved that
the rules be suspended for the pur-
pose of allowing any mie present
in the Council Chamber, who wish-
es to do so, to address the Council.
Seconded by Councilman Moffatt.
Carried by the following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
, man, Wharton.
Nays-None.
Special Session, 1Ia~- lull, 1943 107
® ~~~
(Offioial.)
Special Session, May 17th, 1913.
Council met at 5:30 P. M.
Present-Mayor Murphy, Coun-
cilmen Moffatt, Thompson, Van
Duelman, Wharton, City Manager
Rhomberg.
1\Ieeting called by order of Coun-
cilmen 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 the option for the purchase of
the Kyne-Guillien farm and the con-
tract with the tenants thereon con-
cerning immediate possession of a
portion of the farm for use as a
temporary landing field, and acting
on any other business as may pro-
perly come before a regular meet-
ing of the City Council.
Resolution No. 57-43
Whereas, it is deemed advisable
to acquire certain lands in Table
Mound Township for the purpose
of establishing an airport; and
Whereas, an option contract has
been secured in which Mary Guil-
lien and Mabel Kyne agree to sell
to the City of Dubuque, Iowa, the
following described real estate:
The Southeast quarter of the North-
west quarter; the Southwest quar-
ter of the Northeast quarter; the
Northwest quarter of the Southeast
quartet ; and Lot 2 of the Sub-
division of the Southtivest quarter
of the Southeast quarter; all in Sec-
tion twenty-seven (27), Township
SS North, Range 2 East of the 5th
P, M., Dubuque County, Iowa, and
to convey the same by warranty
deed in the usual form, free from
every lien, for the sum of one hun-
dred thirty-five dollars ($135.00) per
acre, and
Whereas, by contract and agree-
ment, the said owners of the above
described property have agreed to
waive any and all rights they have
to rents and consent to immediate
possession by the purchase thereof;
Now, Therefore,
Be It Resolved by the City Coun-
cil of the City of Dubuque, Iowa,
that the option for the purchase of
the above described land be exer-
cised and the initial payment of
one thousand dollars ($1,000.00) be
paid to Mary Guillien and Mabel
Kyne; and
Be It Further Resolved that after
the City has had thirty days after
the delivery of the abstract of title
to examine the same, and if it then
is determined that the title to all
of said land is good and merchant-
able that the balance of the pur-
chase price be paid upon the deliv-
ery of a tiVarranty Deed by the own-
ers; and
Be It Further Resolved, That this
Resolution and the option contract
referred to remain on file in the
office of the City Clerk for public
inspection for at least one week be-
fore final action is taken thereon.
Councilman Van Duelman moved
that the resolution and option con-
tract be approved and placed on file
with the City Clerk for public in-
spection for at least one week be-
fore final adoption. Seconded by
Councilman Wharton. Carried by
the following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
Resolution No. 58-43
Whereas, it is deemed for the
best interests of the City of Du-
buque that the immediate use for
airport purposes be made of GO
acres in the Southwest one-fourth
of the Northwest one-fourth and the
North one-half of the Northwest
one-fourth of the Southeast one-
fourth of Section 27, Township 88
North, Range 2 East of the 5th P.
1VL, upon such terms and conditions
as have been incorporated in a writ-
ten contract and agreement, such
contract and agreement having
been prepared and is now on file in
the office of the City Clerk; Now,
Therefore,
Be It Resolved by the City Coun-
cil of the City •of Dubuque that said
contract and agreement be and the
same is hereby approved and the
1VIayor and City Clerk are author-
ized to execute the same on behalf
of said City of Dubuque.
Passed, adopted and approvod
this 17th day of May, 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, Wharton.
Nays-None.
1:E ,
t.
i
t
I
108 Special Session, May 17th, 1943
` Contract and Agreement
Z~hereas, Mrs. Mary Guillien of
Dubuque, Iowa, and Mabel Kyne. of
Burlington, Iowa, are the owners
of the following described real
- estate:
't.„
~,
Southwest Quarter of the North-
' east Quarter (SW'/~ NE1/~),
Southeast Quarter of the North-
; west Q~ u a r t e r (SEY/.~ NW'/~)
Northwest Quarter of the South-
east Quarter (NWT/~ SEA/.~) and
Lot Two (2) of the Southwest
Quarter (SW~/~) of the Southeast
Quarter (SE1/.~) all iu Section 27,
Township 88 North, Range 2
East of the 5th P.M. in Dubuque .
County, Iowa, containing 151 ac-
: ; res more or less.
And, Whereas, said owuars have
` entered into a Contract of Sale of
said real estate with the City of
Dubuque, and,
Whereas, on March 4, 1943, a
lease was entered into for the use
of said real estate for one year to
March 1, 1944, between Mrs. Mary
Guillien, Leo J. Bahl and Agnes C.
f Bahl, and,
Whereas, 60 acres in the South-
west Quarter of the Northeast
Quarter (SW~/~ NEB/~) and the
E North half of the Northwest Quar-
ter (N?2 NW'/~) of the Southeast
Quarter (SE1/~) Section 27, Town-
', ship 88, N.R. 2 E are desired by
the City of Dubuque for immediate
use for airport Purposes, and,
Whereas, the owners of said prop-
erty have agreed to waive any and
a.ll rights they have to rents and
to the possession of said farm, and
consent to immediate possession by
the purchaser thereof, and,
III Whereas, the tenants on said
Yarm, Leo J. Bahl and Agnes C.
Bahl, have agreed to surrender and
give up all right and possession
they have to the above described 60
acres which is a part of said farm
~ upon the City of Dubuque Paying
i
I
them $800.00 cash, and giving
: them, without any rent, the use of
the balance of said farm to March
~'i '' 1, 1944, furnishing any and all nec-
i essary materials for ordinary re-
~;' pairs, including material and labor
for present needed repairs to wind-
mill, and Yard wire; the labor, ex-
ceptiug labor ou windmill, is to be
i dmle by the tenants;
'I
Now, Therefore, in consideration
of the sum of One ($1.00) Dollar,
in hand paid by each to the other,
receipt of which is hereby acknowl-
edged, and in consideration of the
i covenants and agreements herein
set forth, and in consideration of
: the premises, it is hereby agreed
by and between Mrs. Mary Guillien
and Mabel Kyne, owners, that they
do hereby waive any and all right
they have to rents and possession
of the entire farm, consisting of
about 151 acres, as hereinbefore de-
scribed and consent to the imme-
diate possession thereof by the City
of Dubuque, subject, however, to
the right of Mrs. Maly Guillien and
Mabel Kyne to make an adjustment
with Leo J. Bahl and Agnes C. Bahl
of their interest in the cattle, hogs
and chickens on said premises own-
ed jointly by said parties.
It is further agreed by and be-
tween Leo J. Bahl and Agnes C.
Bahl and the City of Dubuque,
Iowa, that the City of Dubuque
hereby agrees to pay to said Leo
J. Bahl and Agnes C. Bahl $800
cash, the City to furnish any and
all necessary materials for ordi-
nary repairs, including material and
labor for present needed repairs to
windmill, said tenants to make said
repairs, excepting repairs to wind-
mill, at their own expense, the City
to furnish 15 rods of wire fence to
keep chickens out of the garden;
the chicken house and brooder
house placed ou the premises by
Leo J. Bahl and Agnes C. Eahl may
be removed by them at the termina-
tion of their tenancy.
It is further expressly agreed and
understood that said Mrs. Mary
Guillien, Mabel Kyne, Leo .I. Bahl
and Agnes C. Bahl do hereby sm'-
render and forfeit any and all rights
they have or may have under one
certain lease executed by said par-
ties -Iarch 4, 1943, leasing said 151
acres of land, hereinbefore de-
scribed, until March 1, 1944.
Said Leo J. Bahl and Agnes C.
Bahl do hereby agree that the City
of Dubuque may take immediate
possession of the following de-
scribed real estate:
Sixty acres in the Southwest
Quarter of the Northeast Quarter
(SW'/~ NEB/~) and the North half
of the Northwest Quarter (Ni/s
NvVi/~) of the Southeast Quarter
(SE?/}) Section 27 Township 88 N
R 2 E., Dubuque County, Iowa,
which real property is to be used
as au auxiliary airport and said Leo
.1. Eahl and Agnes C. Bahl do here-
by waive any and all rights they
now have or may hereafter have
because of the immediate surren-
der to possession of said 60 acres
and the use thereof for airport pur-
poses. That the balance of the laud
may be retained and used by said
Leo J. Bahl and Agnes C. Bahl until
Special Session, \~Iay 17th, 19~-~ 109
March 1, 1944, free of charge and
without any rent therefor.
It is further provided that said
Leo J. Bahl and Agnes C. Bahl may
cut any and ail hay upon the 60
acres of land which is to be taken
possession of by the City and used
as an auxiliary airport.
This is a full and complete agree-
ment, settlement and release and
discharge of all the parties hereto
against any parties with reference
to any and all claims they may have
against the other, excepting that
Mrs. Nlary Guillien and Leo J. Bahl
and Agnes C. Bahl are to make
their own settlement with reference
to any property owned jointly by
them.
Signed this 17th day of May, 1943.
CITY OF DUBUQUE, IOWA.
GEO. R. MURPHY,
Mayor.
J. J. SHEA,
Clerk.
MRS. MARY GUILLIEN,
MABEL KYNE,
LEO J. BAHL,
AGNES C. BAHL.
Notice of Claim of Hubert Bri-
meyer in the amount of $200.00 for
injuries sustained by his wife in a
fall on the ice on Holly Street, pre-
sented and read.
Councilman Van Duelman moved
that the Notice of Claim be referred
to the City Solicitor Yor investiga-
tion and report. Seconded by
Councilman Moffatt. Carried by the
following vote:
Yeas-Mayor Murphy, Comicil-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
Notice of Claim of Al. Roth in
the amount of $31.00 for damages
to his automobile caused in striking
an unmarked oii drum in the street
at about 25th and Jackson Streets,
presented and read.
Councilman Van Duelman moved
that the Notice of Claim be re-
ferred to the City Solicitor for in-
vestigation and report. Seconded
by Councilman Thompson. Carried
by the following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
Communication of Edgar F. Thei-
sen submitting an offer of $50.00 for
the purchase of Lots 4, 5 and 6 of
Cushing's Sub., which lots are own-
ed by the City of Dubuque, pre-
sented and read.
Councilman Thompson moved to
refer the communication to the City
Council to view the grounds. Sec-
onded by Councilman Van Duelman.
Carried by the following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
Dubuque, Iowa, May 10, 1943.
The Honorable Mayor, City Council
and City Manager.
Dear Sirs: At a meeting of the
Aeronautics and Airport Conunittee
of the Chamber of Commerce, held
on Wednesday, April 28th, the mem-
bers of this committee went on rec-
ord as being una2iimous iu its com-
mendations of the City Council in
taking definite steps toward the ac-
quisition of the airport and approv-
ing actions thus far taken, and I
was instructed to advise you of this
fact. I have been furthermore in-
structed to assure your honorable
body that the Chamber of Com-
coerce committee stands ready to
assist the City Council in any way
it may be possible for it to be help-
ful. As you of course know, this
couuuittee carried on considerable
preliminary tivork and we have a
rather complete file on what has
been done so far, together with in-
formation as to possible actions
that should be taken later on in
order to secure federal assistance.
I want to assure you this committee
is most anxious to co-operate with
you, and the services of the com-
mittee, as well as this office, are at
your conunaud.
Yours very truly,
J. A. KERPER,
Secretary.
Councilman Thompson move d
that the conuuunication be received
and made a matter of record. Sec-
oncleci by Councilman Van Duelman.
Carried by the following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
Communication of the Chairman
of the Invitation Committee far
Memorial Day Parade esteudiug an
invitation to the City Council to
participate in the Memorial Day
Parade, presented and read.
Councilman Van Duelman moved
that the invitation be accepted.
Secoudecl by Councilman Moffatt.
Carried by the following vote:
Yeas-Nlayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
'.
1°,
i, ,
._x,
~,,,,
110 Special Session, 1\~Ia}> 17th, 193
Petition of Farley & Loetscher
Mfg. Co, requesting permission to
install three welded steel tanks
underground at the south eucl of
their warehouse building at Sixth
Street, the tanks to be adjacent co
the wall near the west side of this
building, presented and read.
Councilman Van Duelman moved
to refer the petition to the City
Council to view the grounds. Sec-
onded by Councilman Thompson.
Carried by the following vote:
Yeas--i\Zayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
, man, Wharton.
Nays-None.
.!,
',~
~,', i
r
;.'-
I~'','.
I
§ .i
:;:,
ii .
i; i.
%` ,.
,:~.
1~;
~'
~~<;
E'
~'° i. j
is
:4_-, ,
i"
fi `.; ~ .
NOTICE.
To: Postal Telegraph and Cable
Company.
You are hereby notified that the
City Council of the City of Du-
buque has duly changed and re-
located, by Ordinance and Resolu-
tion, Conuuercial Street; that the
telegraph poles and lines owned by
you, now ou Commercial Street as
it heretofore existed, shall be re-
moved by you not later than 90
days after this notice has been
served upon you, to Commercial
Street as it has been changed, es-
tablished and relocated; that the
City Council of the City of Dubuque
directed that notice be given upon
you to so remove said Poles and
lines.
You are hereby notified that the
Poles and lines owned by you on
Commercial Street as it heretofore
existeii shall be removed by you not
later than 90 days after the service
of this notice upon you, to Com-
mercial Street as it has been
changed, established and relocated.
Take notice and govern yourself
accordingly.
CITY OF DUBU(J UE,
By A. A. RHOMBERG,
City Manager.
State of Iowa Z SS.
Dubuque County J
I, Leo J. Eisbach, Sheriff of Du-
buque Conty, Iowa, hereby certify
and return that the within Notice
calve into my hands for service cn
the 28th day of April, 1943; that on
the 30th clay of April, 1943, I served
said Notice on Defendant, Postal
Telegraph and Cable Company, by
offering to read it to the Manager,
F. D. Hickey, which reading he
waived, and by leaving with him a
true copy thereof, all being done in
his presence and hearing, in the
City of Dubuque, Julien Township,
Dubuque County, Iowa.
LEO J. EISBACH
Sheriff, Dubuque County, Iowa.
By Walter Westmark, Deputy.
Councilman Thompson move d
that the Return of Service be re-
ceived aucl made a matter of record.
Seeonclecl by Councilman Van Duel-
man. Carried by the following
vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, 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
durilig the month of April, 1943,
presented and read.
Councilman Van Duelman moved
that the proof' of publication be re-
ceived and filed. Seconded by
Councilman Moffatt. Carried by the
following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
ma,n, Wharton.
Nays-None.
Council Proceedings for the
month of February, 1943, presented
for approval.
Councilman Van Duelman moved
that the Council Proceedings for
the month of February, 1943, be ap-
proved as printed. Seconded by
Councilman Thompson. Carried by
the following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
Ordinance No. 7-43. An Ordi-
nance providing for the vacation of
certain streets and alleys ui Fair-
mont Park Addition to the City of
Dubuque, said ordinance having
been passed upon first and second
readings on Nlay 3rd, 1943, and or-
dered Placed on file with the City
Clerk for public inspection for at
least one week before its final
adoption, presented and read a
third time.
Ordinance No. 7-43
1\n Ordinance providing for the vaca-
tion of certain Streets and Alleys
in Fairmont Park Aclclition to the
CitS of Dubuque.
tiVHl]R1~AS, a request has been fil-
ed by the owner of all of the grope. ty
of Fairmont Park Add}tion requesting
that all of the streets and alleys in
said Addition be vacated, which re-
quest has been submitted to the Plan-
ning' and 7.oning Commission for its
reconunPndation and report, aucl,
WE~17RF1AS, the said Planning 2nd
Zoning Commission has filed its rec-
ommendation with the City Council
recommending, the granting of said
request it; part, and
~VHF,RL+'AS, this Council finds that
the applicant is the owner of al} the
property in Fairmont Park Aclclition
to the CiL}' of Dubuque abutting tLe
streets and alleys to be vacated :utd
the said streets and alle3's thereon
are not needed for public purpose
Special Session, 1Vta\- lith, 193 111
anti that the vacation thereof ~~ill not
injure, damage or interfere with the
rights of any one and that all of the
streets and alleys should be ~-aeat;~rl
as recommended.
Noty, Therefore,
EE IT ORDAIi\TED EI TIIE CITY
COII\TCIL OF THE CITY OF DU-
BI;~rE:
Section 1. That the following named
sri•eets anti alleys iu Fairmont Ad-
dition to the City of Dubuque be, an 1
the same :tre hereby ~acatecl:
All of Lowry Street.
All of the alley lying hettaeen Low-
ry Street au l Babcock Street.
All of. Babcock Street.
All of the alley between Babcock
Street anti Fairmont Street.
All of Fairmont Street frmn the
vrest line of Clemenson Street to the
east line of Lafayette Street.
All cf the alley het~veen Fairmont
Street and Saunders Street.
That portio:: of Saunders Street
from the west line of Clemenson
Street to the east line of Lafayette
Street.
That portion of the alley between
Saunde.-s Street and \\'unclerlicl,
Street from ibe west line of Clenten-
son Street to the east line of Lafay-
ette Street.
All of \\`underlich Street from the
west line of Clemenson Street to the
east line of Lafayette Street.
All of Use a11a3' first south of and
parallel to \Vuuderlich Street front
the west line of ,Clemenson Street to
the east line of I afayette Street.
All cf Clemenson Street from north
line of Fairmont Street to south line
of the alley first south of Wunderlich
Street.
All of Crawford Street, Tre~ler
Street, Halpin Street, and Lafayette
Street from the north line of Loti^:•~
Street to the south line of the alle~•
first south of \\'underlich Street.
Section 2. That after the adoption
of this Ordinance the Clerk of the
City of Dubuque shall file a certifiers
coP}' of the same in the office of the
County Recorder of Dubuque County,
Iowa.
Section 3 That this Ordinance
shall he in force anti effect from anti
after its final l;assage, adoption and
appro~~al by the City Council anti pub-
lication a:: by law provided and <<,-1-ten
the cost of publishing the same bss
been paid b}• the applicant.
Passed upon first and seeoncl read-
ings this ~r~l. day of ;•Iay, 1943.
Passed, adopted and approved upon
final reading this 17th. clay- of .lfay,
Is43.
r,I:o. R. MURPHY.
1layor.
F. \V. THOL\IPSO\T.
FRAtiK VAN DUELI\IAN.
\V. ~\T. MOFFATT.
ALEER7' \\'HARTO\.
Councilmen.
Attest: J. J. SHEA.
City Clerk.
Published officially in The Tele-
graph-Herald newspaper this 19th.
clay of 1\Ia1', 1943.
J. J. SHEA,
5-I9-1t. City Cleric.
Councilman Thompson 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-
man, \Vharton.
Nays-None.
Dubuque, Iowa, May 17, 1943.
To the Honorable Mayor and
Members of the City Council,
City of Dubuque, Iowa.
Gentlemen: In accordance with
the provisions of Chapter 289 of the
Code of Iowa, 1939, the Civil Ser-
vice Conuuission conducted an en-
trance examination on April 2, 1943,
for those seeking positions on the
eligible list for appointment on the
Police Department.
The following are those who
passed the mental and physical
examinations with the highest aver-
ages. All appointments for posi-
tions on the Police Department
should be made from this list.
Name Average
Gustave E. Fecker ..................98.75%
Walter C. Sprengelmeyer.....97.25%
Chas. J. Abraham ....................94.75%
Byron L. Brose ........................92.25%
Darrell N. Kilby ......................35.75%
James W. Corbett ..................83.50%
Zeno E. Gebhart ....................80.75%
Philip F. Oeth ..........................80.25%
Robert J. Neuman ..................79.50%
Donald S. Kline ......................78.75%
Respectfully submitted,
C. S. HARKER,
Chairman.
DR. JOHN B. MURRAY,
EDWIN F. STRUEBER,
Commissioners.
J. J. SHEA, Cleric.
Subscribed and sworn to before
me this 17th day of May, 1943.
GERALDINE L. DEIIIKI~,P.,
Notary Public.
Councilman Thompson move d
that the report of. the Civil Service
Commission be received and made
a matter of record. Seconded by
Councilman Wharton. Carried by
the following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
May 10, 1943.
To the Honorable Mayor and
City Council, Dubuque, Iowa.
Gentlemen: I herewith submit
the report 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 mouth of
April, 1943.
Respectfully submitted,
A. A. RHOMBERG,
City Manager.
€.•
.~
yF
(;,%
C._ -.
{+
~=.
P>
~,.
1
;,.
°,
e,
f..
E'
;ai
112 Special Session, May 17th, 1943
Councilman 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, Councii-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
i~
;
1
S'
~::.;. ,
~,
t.;
May 13, 1943.
In re: Case of Anna Couch vs.
City of Dubuque, Iowa.
Gentlemen: With reference to
the action now pending in the Dis-
trict Court of Dubuque County,
Iowa, entitled Anna Couch vs, City
of Dubuque, Iowa, claiming $5,000.00
damages because of an injury re-
ceived on or about February 27,
1941, by Anna Couch while walking
on and along Ardmore Place ex-
tending from West Eleventh Street
to Wilbur Street. She claims that
she fell on a slippery, uneven mass
of snow and ice where the City per-
mitted ruts of snow and ice to re-
main for some considerable time.
She further claims that she broke
her right hip, bruised and injured
her entire body and nervous system
and suffered permanent injuries
and will be disfigured and deform-
ed. After this case had been set
down for hearing and after confer-
ence with her Attorney, Mr. R. P.
Roedell, they have agreed to accept
$50.00 in full Payment of said claim.
I recommend that a warrant be
drawn payable tp R. P. Roedell,
Attorney for Anna Couch, in the
amount of $50.00 and that the same
be delivered upmi receipt by the
City of a properly executed release.
Yours truly,
JOHN J. KINTZINGER,
City Solicitor.
Councilman Wharton moved that
the reconunenciation of City Soli-
citor Kintzinger be approved and
the City Auditor instructed to draw
a warrant in the amount of $50.00
in favor of R. P. Roedell, Attorney
for Anna Couch, as settlement in
full of the claim of Anua Couch,
and that said warrant be delivered
upon receipt by the City of a pro-
perly executed release. Seconded
by Councilman Thompson. Carried
by the following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompsmi, Van Duel-
man, TVharton.
Nays-None.
May 17, 1943.
In re: Claiiii of Catherine O'Harran.
Honorable Mayor and City Council,
Dubuque, Iowa.
Gentlenieu: With reference to
the claim of Catherine O'Harra,n for
$5,000.00 for damages for injuries
sustained by her on or about March
1Q 1943, while walking over a dan-
gerous condition of ice and snow
near the southwest corner of 17th
Street and Central Avenue, at which
place she fell and sustained a bro-
ken arm and other personal injuries,
was required to secure medical aid
and supplies, and was confined to
her home for about 10 weeks, I have
investigated this case, and from
such investigation I am of the opin-
ion that the offer made by claim-
ant to settle for $150.00 should be
accepted.
I therefore recommend that a
warrant be issued payable to John
A. Cunningham, Attorney for Cath-
erine OHarran, and that the same
be delivered when a release proper-
ly executed by claimant is delivered
to the City.
Yours truly,
JOHN J. KINTZINGER,
City Solicitor.
Councilman Vau Duehnan moved
that the recommendation of City
Solicitor Kintzinger be approved
and the City Auditor instructed to
draw a warrant in the amount of
$150.00 in favor of John A. Cunning-
ham, Attorney for Catherine O'Har-
ran, as settlement iu full of the
claim of Catherine O'Harran, and
that said warrant be delivered up-
on receipt of a properly executed
release. Seconded by Councilman
Moffatt. Carried by the following
vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
Resolution No. 59-43
Whereas, heretofore application
was filed by the within named ap-
plicant for Class "B" Beer Permit
and it has received the approval of
this Council; and
Whereas, the premises to be oc-
cupied by such applicant have been
inspected and found to comply with
the ordinances of this City and a
proper bond has been filed; Now,
Therefore,
Be It Resolved by the Council of
the City of Dubuque that the Man-
ager be and he is herby directed to
issue to the following named appli-
cant aBeer Permit.
CLASS "B" PERMIT FOR
PRIVATE CLUB
I~Tame Address
Rocl and Gun Club of Dubuque,
Iowa; 1103 Iowa Street.
Be It Further Resolved that the
bond filed by such applicant be and
the same is hereby approved.
- is„
~ ~
~~ ~
-
Sl~~cial Session,l~la,- 1; th, 19-13
113
Passed, adopted and approved
this 17th day of May, 1943.
F. W. THOMPSON,
FRANK VAN DUELMAN,
W. W. MOFFATT,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Moffatt moved the
adoption of the resolution. Second-
ed by Councilman Thompson. Car-
ried by the following vote:
Yeas-Councilmen Moffatt,
Thompson, Van Duelman.
Nays-Mayor Murphy.
Councilman Wharton not voting.
Resolution No. 60-43
Be It Further Resolved by the
City Council of the City of Dubuque
that the following, having complied
with the provisions of law relating
to the sale of cigarettes within the
City of Dubuque, be granted a per-
mit to sell cigarettes and cigarette
papers within said City, and the
Niauager is directed to issue such
permit on behalf of said City.
Name Address
Rod and Gun Club of Dubuque,
Iowa; 1103 Iowa Street.
Be It Further Resolved that the
bond filed with the application be
approved.
Passed, adopted and approved
this 17th day of May, 1943.
F. W. THOMPSON,
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 Van Duelman.
Carried by the following vote:
Teas-Councilmen Moffatt,
Thompson Van Duehnan, Wharton.
Nays-Mayor Murphy.
Resolution No. 61-43
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
The Travelers Club, 75 East
Fourth Street.
Passed, adopted and approved
this 17th day of May, 1943.
GEO. R. MURPHY,
Mayor.
F. W. THOMPSON,
FRANK VAN DUELMAN,
W. W. MOFFATT,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Moffatt moved the
adoption of the resolution. Second•
ed by Councilman Thompson. Car-
ried by the followiug vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man.
Nays-None.
Councilman Wharton not voting.
Councilman Van Duelman moved
that the City Council approve the
appointments by Mayor Murphy of
Messrs. Titus B. Schmid, Charles
E. Dove and City Manager A. A.
Rhomberg as members of the May-
or's Industrial Committee. Second-
ed by Couucihnan Whartan. Car-
ried by the following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-Noce.
Councilman Wharton excused
from meeting and left Council
Chamber at 6:25 P. M.
Councilman Van Duelman moved
that City 1VIanager Rhomberg be in-
structed to start work immediately
in Placing the auxiliary airport
landing field in shape and also to
negotiate an agreement with the
Dubuque Airways, Inc., for the use
of the auxiliary airport laucliug field
and to submit said agreement to
the City Council for their approval.
Secoucled by Councihman Thomp-
son. Carried by the followiug vote:
Yeas-Mayor Murphy, Comicil-
men 1Vloffatt, Thompson, Van Duel-
man.
iVays-None.
Absent-Councilman Wharton.
Councilman Van Duehnan moved
that Mayor Murphy be authorized
to appoint a committee of the City
Council and other City Offtcials to
confer with the Civilian Aero-
nautics Authority for the purpose
of furthering the Airport Project.
Seconded by Councilman Thomp-
son. Carried by the followiug vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man.
Nays-None.
Absent-Councilman Wharton.
There being no further business,
Councilman Van Duehnan moved to
gym:. _~~
114 Special Session,
adjourn. Seconded by Councilman
Itloffatt. Carried by the following
rote:
Yeas-Nlayor Murphy, Council-
men -Moffatt, Thompson, Van Duel-
man.
Nays-None.
Absent-Councilman Wharton.
J. J. SHEA,
City Clerk.
Approved .........._ ......................_1943.
Adopted .............................. .....1943.
Councilmen: ~ ......................................
Attest : ................................................
City Clerk.
1~Ia~- 17th, 1943
I
,_
t." ` ;~ ,