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1943 September Council Proceedings_ _ __ T , ,._ Regular Session, September 6th, 1943 1~7 ®~ ~ _ i ~I~- i~~'~ iii ~i ~, _I~~I e (Official.) Regular Session, September Gth, 1943. No members of the City Council being present upon roll call, the meeting was postponed subject to call. J. J. SHEA, City Clerk. Approved ..................................1943. Adopted ......................................1943. Councilmen: i ...................................... ttest : ................................................ City Clerk. 4 >:;~«.: k 17S Special Session, September 7th, 193 ~~ (Official) Special Session, September 7th, 1943. Board met at 7:00 P. M. Present-Chairman Geo. R. Mur- phy, Messrs. W. W. Moffatt, F. W. Thompson, Frank Van Duelman, Albert Wharton. Chairman Murphy stated that this meeting of the Board of Health is called for the purpose of dis- cussing the infantile paralysis situ- ation as it now exists in the City of Dubuque. Dr. C. C. Lytle, Director of Health addressed the meeting stat- ing that it is his opinion that the present restrictions now in fos•ce to prevent the spread of Poliomyel- itis he continued for a period of at least another week. Dr. J. E. Bacon addressed the meeting stat- ing that in his opinion that it would be advisable to keep the schools closed for another week. Dr. Roy I. Theisen addressed the meeting stating that in his opinion the schools should remain closed indefinitely. Mr. A. W. Merrill, Su- perintendent of Public Schools, ad- dressed the meeting stating that if the schools would be allowed to open that it was his opinion that the children would be under direct observation of the school curses and that iu case any symptom of sickness showing up on a child that it would be caught immediately by the school nurses and that the children would be much better pro- tected by being allowed to attend school than they are now under the present restrictions. Monsignor J. M. Wolfe, Superintendent of Pa- rochial Schools, addressed the meeting stating that in his opinion the schools should be allowed to open and that the children would be better protected by being allow- ed to attend school as they would be directly under the direct obser- vation of the school curses. Mr. Albert Wharton moved that the present restrictions notiv iu force to prevent the general spread of Poliomyelitis be continued and that the Board of Health adjourn subject to the call of Dr. C. C. Lytle, Director of Health, at any time he feels conditions are such that the restrictions can be removed. Sec- onded by ZtIr. tiV. W. Moffat. Car- ried by the following vote: Yeas-Chairman Geo. R. lilur- phy, Messrs. W. W. Moffatt, F. W. Thompson, Frank Van Duelman, Albert Wharton. Nays-None. J. J. SHEA, Clerk, Board of Health. Approved ..................................1943. Adopted ....................................1943. Attest : ................................................ Clerk, Board of Health. ~~ldjourxled Regular Sessi~xn, ~eptemher 7th, 19=3 17~ ® ~ ~~ (Official.) Adjourned Regular Session, September 7th, 1943. Council met at 7:30 P. M. Present-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. City Manager Rhomberg. Mayor Murphy stated that this meeting is an acljournecl meeting of the regular uxeeting of September 6th, 1943, for the purpose of acting upon such business as may proper- ly come before a regular meeting of the City Comicil. Councilman Van Duelman moved that tiie 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 Whartmi. Carried by the following vote: Yeas-I,~Iayor Murphy, Council- men Moffatt, Thompson, Vau Duel- man, Wlxarton. Nays-None. Petition of Mrs. Louisa Schulte et al. requesting the removal of the live poultry and their odor from the Blum Company Building at 15th. and Elnx Streets as the presence of the poultry is a distinct menace to the health of the people living in the vicinity, presented and read. Mrs. Louisa Schulte et al address- ed the Council objecting to the rais- ing and presence of the chickens at the Blum Company Building at 15th. and Elm Streets and request- ed that the menace be abated. Councilman Wharton moved that the petition be referred to the City Solicitor for investigation and to submit a report back to the Coun- cil. Seconded by Councilman Vau Duelman. Carried by the following mote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. Communication of Leonard Burke stating that he tivould like to amend his application for a beer license which by mistake tivas filed in the first place for the address of 1085 Maio Street and should have read 1091 Main Street, presented and read. NIrs. Harriett Larkin and Mr. W. H. Elfmann addressed the Coun- cil objecting' to the issuance of a beer permit to Leonard Burke to be located at 1091 Main Street. Mr. Leonard Burke addressed the Coun- cil stating' that in view of the Coun- cil approving his application for a beer permit that he had expended the amount of X800.00 to have the building' remodeled to meet the re- quiremeni;s of the ordinance and re- quested that he be granted a beer permit to be located in the build- ing at 1091 Main Street. Council- man Wharton moved that the com- munication of Leonard Burke be received and filed. Seconded by Councilman Thompson. Carried by the following vote: Yeas - Councihneu Moffatt, Thompson, Van Duelman, Wharton. Nays-Mayor Murphy. Resolution No. 99-43 tiVhereas, 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 hereby directed to issue to the following named applicant a Beer Permit. Class "B" Permit Name Address Leonard Burke, 1091 Main Street. Be It Further Resolved that the bond filed by such applicant be and the same is hereby approved. Passed, adopted and approved this 7th day of September, 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. ATays-Mayor Murphy, Council- mau Wharton. Communication of Arden Yinkey, Jr., Chief Special Projects Salvage Branch, War Production Board, re- questing Council approval of the postponing of the program for the removal of the street car rails from the streets of the City of Dubuque, presented and read. Councilman ~Vitarton moved that the request ~~: , , ' ,r. 1ST ~djcnu-ned Rc~,u?~r Session, September it?x, 19=3 ~'~ ~~ i. i ~":?,K~` fi?~ ::: , i . ;'°;,.=' 1; := `. ,. 1'Y~ °..:,._ , be granted. Seconded by Council- man 11/offatt. Carried by the follow- ing vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- xnan, Wharton. Nays-None. Communication of the Civil Ser- vice Assembly of the United States and Canada extending invitation to attend the Annual Conference on Public Personnel Administration to be held in St. Louis on October 12, 13, 14, presented and read. Coun- cilman Moffatt moved that the Sec- retary of the Civil Service Conxxuis- sion be authorized to attend the Annual Conference the expenses to be borne by the City of Dubuque. Seconded by Councihnan Thomp- son. Carried by the following vote: Teas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man> Wharton. Nays-A'one. Communication of the Postal Telegraph-Cable Company advising that they have not complied with the notice served upon them re- questing the removal of their tele- graph line from Conunercial Street for the reason that it does not rec- ognize any power or authority of the City of Dubuque to direct such removal and subnxitting a proposal to the effect that they will voluntar- ily renxove the poles, wires, cables and appliances from Conunercial Street to a ue~v location on condi- tion that the City of Dubuque enter into an agreement to compensate said company for any and all ex- penses incident to such removal and relocation and, further, that ail rights of said company to continue the operation of its telegraph sys- tem at the new location be recog- nized and confirmed, presented and read. Councihnan Moffatt moved that the conununication be referred to the City Solicitor. Seconded by Councilman Van Duehnan. Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. Petition of Auleen C. Eberhardt et al requesting Council to take action regarding the appearance of the left side of the highway coming into Dubuque one hundred feet from the beginning of Fremont Street, presented and read. Council- man Wharton moved that the pe- tition be referred to the Iowa State Higlnvay Commission. Seconded by Councilman Moffatt. Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. Conununication of The Interna- tional Council of Religious Educa- tion requesting that a proclamation be issued proclaiming the week of September 26 through October 3 as Religious Education Week, present- ed and read. Councilman Moffatt moved that the request be granted and the iVIayor authorized to issue a, proclamation as requested. Sec- onded by Councilman Thompson. Carried by the following vote: Teas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, tiVharton. Nays-None. Communication of Barbara C. Todd, Bead Chicago Library L'ranch, Army Map Service, Corps of Engineers, U, S. Army, request- ing that the City of Dubuque do- nate astreet plan showing the most recent layout of the City of Du- buque, presented anti read. Coun- cilman Wharton moved that City Manager Rhomberg be instructed to comply with the request. Second- ed by Councilman Van Duelmau. Carried by the following vote: Yeas-Mayor Murphy, Council- men 1Vloffatt, Thompson, Vau Duel- man, TVhartou. 1\Tays-None. Conunuuication of The Des Moines Register and Tribune con- cerning the "Food for Freedoux" Merit Awards being given to groups and organizations throughout the state for meritorious work in the nation's food px•ogram, presented and read. Councilman Van Duel- man moved that the communication be received and filed. Seconded by Councihnan Thompson. Carried by the following• vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duei- man, Wharton. Nays-Noce. Communication of Mr. Sheldon Clark, President Navy League of the United States, requesting the issuance of a proclamation request- ing the schools, colleges, civic clubs and citizens to join in paying re- spect to the men of the United States Navy, The Marine Corps, Coast Guard and Merchant Marine, on I~Tavy Day October 27th 1943, pre- sented and read. Councilman Whar- ton moved that the communication be referred to the Mayor with pow- ;.~~: ,,,. __.l Adjourned F~e~ular `~essi~~n, ~.c~l~texnber ith, I9-~3 I~l e.r to act. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Murphy, Cotancil- men Moffatt, Thompson, Van Duel- man, ZVharton. Nays-None. Council Proceedings for the month of June, 1943, presented for approval. Councilman Thompson ulovccl that the Council Proceeditig•s for the month of June, 1943, be ap- praved as printed. Seconclecl by CounciLnau Van Duelman. Carried by the following vote: Yeas-14Tayor Murphy, Council- men PJIoffatt. Thompson, Van Duel- nlan, eVharton. Maya-Noi1e. Proof of publication, certified to by file publishers, of a statement of receipts and also a list of claims for which warrants were cll•atvn dur- ing the month of July, 1943, presert- ecl and read. Councilman S%an Duel- niaxx moved that the proof of publi- cadotl l,e received anti filed. Sec- onded fly Councilman Wharton. Car- ried b;s= tTie fallowing vote: Yeas-Mayoi• itlnrphy, Council- men Moffatt, Thompson, Van Dttel- mar., ~tharton. Nat=s--None. August 10, 19-13. To the 1-lonorable :tIayor and City Council, Dubuque, Iowa. Gentlentea: I heretivith stabanit the reports of the City Auclitcr, City Treasurer, City Health Depztrtmeut ant City i~'ater ~Zrorics, also the list of claims anti payrolls for which warrants •,vere drawn during the monti~ of July, 1913. Respectfully submitted, A. A. RHOlTBERG, City Tt~danager. Couucilxtan Van Dueinlan moved that the reports be received and placed on file. Seconclecl by Council- man Thompson. Carried by the fol- ~ lowing vote: Yeas--NTayor 1ilurphy, Council- men Dloffatt, Thompson, Van Duel- lman, Wharton. \Tays-None. August 24, 1943. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise flat I have approved the following policy and desire to have your ap- proval on same for filing: Taxicab John S. Young (The Radio Cab Co.) 5th and Central Avenue. Pol- icy No. 14P101927, American Casu- alty Co. of Reading, Pennsylvania. P~espectfuliy submitted, A. A. RHOi1IBERG, City Manager. Ccnnci311tan Thompson moved that the bond be approved and placed on file. Seconded by Coun- cilman Van Duelman. Carried by the following vote: Yeas-Mayor 11lurphy, Catuxcil- men S~foffatt, Thompson, Van Duel- xnau, Wharton. i~la~-s-lJone. August 30, 19=13. To the Honorable Mayor t{ncl City Council, Dubuque, Io~i=a. Gentlemen: Herewith submitted are Fire Protection agreements covering properties outside the cor- porate limits until March 31, 1945. As provided for in Section 5766.1 of the i939 Code of Iowa, as amend- e3 the jurisdiction of the City for fire purposes is eaten led to the fol- ',owing properties: Hilicrest Baby i`c141, St. Joseph's Satiitaritun, Home ai t11~ Goocl Shepherd, i\'Ii. St. Ag- nes 1\'ovitiate, Brunswick Inclttstrial Bloci:, E. E. Frith Co. Inc., Geo. A. and Geo. R. Burden, Ed. Bartels anti :oils, St. Francis Home for the _ged, lnma.culate Conception Acacl- e.u;,-. Sisters of St. Francis Coaivent, anti St. Mary's Orphan Home. I recomnlencl the approval of these agreenleltts by the Council. Respectfully submitted, A. A. RH0:ITBERG, City Manager. Councilman Van Bttelman move i that the recommendation of City .~'ianager Rlloxx.berg be agproi=eci anti fire Agreenlen.ts accepted ant piacect cal file. Seconclecl by Coutl- cii,llan Moffatt. Carried by the fol- 1Gwing vote: Yea:; il'Iayor Murphy, Couneil- nlen Moffatt, Thompson, Van Duel- tnau, z.Vharton. Nays-None. Septemiler 7, 1918, To the iEonarable Mayor ~_n;?. City (~'Glll2C11, Dtti~uque, Iowa. Gentlemen: At the session of the C'ouncii held July 23, 1943, the pe- tition of Gladys Patch requesting file Council to execute a quit claim deed to the vacated alley abutting Lots 6 and 7 of Grandview Place pursuant to the Ordinance adopted May Y, 1916 was referred to the City lIanager and City Solicitor for investigation and report. «7e lave investigated the case anti find the facts as presented in the petition a,nci recammencl the granting of file request. Respectfully submitted, A. A. RHOMBERG, City Manager, J. J. I~INTZINGER, City S®licitor, ~; a f f" 1~? ~~djourned Rebular Session, September ith, 19=13 Councilman Vau Duehnan moved that the recommendation of City T,Iatta~er Rltombetg anti City Solici- tor I*.iutziuger be approved. Seconcl- ecl by Councilman Thompson. Car- ried by the following vote: I eas-:Mayor 11'Iurphy, Cottucil- ntea Moffatt, Thompson, Van Duel- tuan, S~'harton. PvTa3~s-~doue. , Resoiufiio;~ Pdo. 1p0-43. A resolution authorizing execu- tion of deed to one-half of the va- cated alley abutting Lots 6 and 7, Gt•audview Place in the City of Du- inulue; on the ZVest, pursuant to Orcliuance adopted on May, 4, 1916, and approved 1\Iay 5, 1916. Whereas, a request has been filed with the City Council of the City of Dubuque, Iowa, to execute quit claim deed to Vacated alley abutting Lots 6 and 'i, Grandview Place in the City of Dubuque, Iowa, on the West; to GIac1Ys Patch, the owner of said two lots, Pursuant to an Ordinance adoptefl on May 4th, 1916, which reads as follows: "Section 1. That the alley in Grandview Place, between Graud- view A;reuue aucl Btaclley Avenue, from Altntau Avenue to the North encl of said alley, is vacated and annulled, and the permanent use of the respective portions thereof acl- joining the various lots abutting thereon is hereby granted to the owners and proprietors of said lots, as contemplated by statute in such cases"; ancl, Whereas, said Orclinatace provid- ed that it is to take effect on one publication in the Dubuque Tele- graph-Hetalcl and Times Journal; aucl Whereas, such publication was duly made on May 6, 1916; Now Therefore, Be It Resolved, by the City Council of the City of Dubuque that the City of Dubuque b3' its duly authorized officers, be- ing its Mayor and Clerk, execute a l~uit Claim deed conveyitag the One-half of the vacated alley abutting• Lots 6 and 7 Grandview Place, in the City of Dubuque, Iowa, ou the West, and known as Lot 6A and Lot 7A of Grandview Place. to the said Gladys Patch, and de- liver said deed to the said record title owner anti do any and all things necessary to give full force and effect to the Ordinance adopt- ed as above referred to. Passed, adopted and approved this i th day of September, 1913. GEO. R. 1lZGRPHY, 11a3'or. P. W. THOITPSON, FRANK VAN DIJEL11IA1~T, Sti'. W. '~IOF~'ATT, ALBERT WHARTON, Councilmen. Attest: J. J. SHEA, City Clerlc. Ccuncilman Thompson moved the aclaption of the resolution. Sec- oncied by Councilman Moffatt. Car- ried by the follo~viug vote: Yeas-Mayor Murphy, Cottncii- tne?i 14Ioffatt, 'Thompson, Van Duel- mau. Wharton. Nays-None. August 24, 1943. In re: Claim of Don B. Bartch, I-louorable -Iayor aucl City Council, City of Dubuque, Iowa. Gentlemen: With reference to tiie claim of Don B. Bartch, filed herein for ,10,000.00 for damages, I have rude investigation and find that the claimant, on the 10th day of F~ ebruaty, i94~, fell on a defec- tive sidewalk on the south side of Sixteenth Street between Locust aad lti'Iain Street, v,~hich sidewalk ,~ a.s covered with an accumulation of tough and irt•egular ice and snow, having been there for a long period of titue; that the claimant sustain- ed serious injuries in that he broke his arm :litd shoulder, causing him to be confined and under doctor's care for souse cousiclerable length of time; that he sustained actual damages, iucludiug~ the doctor's bill, other bills and loss of time in the amount of about ~S00.00. That after' considerable consultation with his Attorneys, Smith, O'Connor & Thomas, they have agreed to seitle this claim Yor X1150.00. I t•econunend that a warrant be issued Payable to Smith, O'Connor ~z; Thomas, At- torneys for Don B. Bartch, in the amount of 5'1150.00 and that the same he delivered upon delivery to the City of Dubuque of a release properly executed by claimant. Yours truly, JOHN J. KINTZINGER, City Solicitor. Couucilntan Vau Duelmau moved that the reconunendatiou of City Soiicitor I~itttzinger be approved aucl the City Auditor instructed to draw a warrant in the amount of °g1150.00 iu favor of Smith, O'Con- nor & Thomas, Attorneys for Don. B. Bartch, as settlement in full of the claim and that said warrant be delivered upon receipt of a proper- ly e~;ecuted release by the City of Dubuque. Secouclecl by Councilman ~ ~ -} ~; I ., ~: ~ .~i ,."`F T ~i Adjourned Regular Session, September 7th, 1943 183 Thompson. Carried by the follow- ing vote: ~ eas-Mayor Murphy, Couucil- nxen Moffat, Thompson, Van Duel- man, Wharton. Nays-None. Conununication of County Audi- tor Daykin advising that the Board of Supervisors have accepted an offer in the amount of X000.00 made by NIrs. Nich Steichen on Lots 1 of 2 of 5 and 2 of 2 of 5 of Min. Lot 307A and will issue deed upon ap- proval by the City Council, present- ed and read. Councilman Wharton moved that the communication be received and placed ou file. Sec- onded by Councilman Van Duel- man. Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Whartou. Nays-None. Resolution No. 101-43. Whereas, Lots 1 of 2 of 5 and 2 of 2 of 5 of Min Lot 307A in the City of Dubuque, Dubuque County, Iowa were sold ou February 3, 1936 'to Dubuque County, Iowa by the County Treasurer of Dubuque Coun- ty, Iowa for the delinquent taxes and unpaid tales against Lot 1 of 2 of 5 of Min. Lot 307A fox' the years 1925 to 1934 inclusive and against Lot 2 of 2 of 5 of Min. Lot 307A for the years 1931 to 1934 ixa- clusive, and tiVhereas, the said Dubuque Coml- ty, Iowa, desires to sell the above described real estate to Mrs. Nich Steichen fox• X000.00, axxd Whereas, the sale of said prop- erty by Dubuque County, Iowa, to NIrs. Nick Steichen for a sum less than the total amount stated in the tas certificate inclucliug all endorse- ments of subsequent general taxes, interests and costs requires the written approval of a majority of all the tas levying and tas certify- ing bodies having any interest in Said general tales; Now There- fore, Be It Resolved by the City Council of the City of Dubuque, Iowa that the sale of said prop- erty to Mrs. Nick Steichen for the sum of $000.00 in cash, be and the same is hereby authorized and ap- proved. Passed, adopted and approved this 7th day of September, 1943. GEO. R. MURPHY, Mayor. F. W. THOMPSON, FRANK VAN DUELMt~N, W .W. MOFFATT, ALBERT WHARTON, Councilmen. Attest: J. J. SHEA, ' City Clerk. Councilman Van Duelnxan moved the adoption of the resolution. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas--Iayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. Resolution No. 102--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 per- mit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit ou behalf of said City. Name Aclclress Frank and Elsie Sancl, 2364 Wash- ington Street. John A. and Harriett Armstrong, 39s Main Street. Millard Poquette, 923 Main Street. 1>e It Further Resolved that the bonds filed with the applications be approved. Passed, adopted and approved this 7th day of September, 1943. GEO. R. MURPHY, Mayor. F. W. THOMPSON, FRANK VAN DUELMAi~T, Vd. W. MOFFATT, ALBEP~T 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 follawing vote: Yeas-Niayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-Noxie. Resolution iVo. 103-43 Whex eas, applications for Beer Permits have been submitted to this Council for approval and the same have been esa'mined: Now, There- Yor Be It Resolved by the Council of the City of Dubuque that the fol- lovaing applications are granted and the licenses are to be isstted upon compliance with the terms of the ordinance of this City. _ CLASS "B" PERMIT Name Address Harry Grode and Viola Grode, 1633 Central Avenue. Patrick R. Kennedy, 2412 Central Avenue. Emil C. Leiser, 1255 Central Ave- nue. John A. Hochberger and Wnx. Hochberger, 1701 Asbury Street. George Nardin, 1105 University Avenue. 18-1 _ldjc~urxlecl r~~~~ui:ir Session, ,eptember ith, 193 CLASS "B" PERMIT FOR PRIVATE CLUB Dttbuque Lodge No. 355, Loyal Or- der of P,~Iaose, 1379 Central Avetxtte. CLASS "C" PERMIT Tenenbom Super-Market, Inc., 630 Locust Street. Passed, adopted and approved this 7th day of September, 19x3. GEO. R. MURPHY, lllayol•. F. W. THOMPSON, FRANK VAN DUELITAN, W. W. MOFFATT, ALBERT WHARTON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Thompson moved the adoptions of the resolution. Second- ed by Councilman Vaxa Duelman. Carried by the following vote: Yeas-14Tayor 211tu•phy, Couxxcil- men Moffatt, Thompson, Tian Duel- maxx, Wharton. Nays-I\Tone. 6~esolution id o. 104--43 Whereas. heretofore applications were filed by the within naxnecl ap- plicants for Beer Permits and they have received the approval of this Council; and Whereas, the premises to be oc- cupied Uy such applicants have been inspected and found to comply with the orclanax?ce of this City and they have filed a pa•oper 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 Harry Grocle and Viola Grode, 1638 Central Avenue. Patrielc R. I~eunecly, 2412 Cen- tral Avenue. Emil C. Leiser, 1255 Central Ave- nue. John A. Hochberger and Wm. Hochberger, 1701 Asbtu•y Street. George Nardin, 1105 University Avenue. CLASS "B" PERMIT FOR PRIVATE CLUB Dubuque Lodge No. 355, Loyal Or- der of Maose, 1379 Central Ave- nue. CLASS "C" PERMIT Tenenbam Super-Market, Inc., 630 Locust Street. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 7th day of September, 1943. GEO. R. MURPHY, Mayor. F. V~. THOMPSON, FRANK VAN DUELMAN, W. W. MOFFATT, ALBERT WHARTON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Thompson moved tlae adoption of the resolution. Second- ed by Councilman Vau Duelman. Carried by the following vote: Yeas-Mayor 11Turphy, Council- men MoYfa.tt, Thompson, Van Duel- man, Wharton. Nays-None. Communication of Chief of Po- lice Strub recommending the revo- cation of the Class "B" Beer Permit for Private Club issued to the Vic- tory Club, presented and read. Couucilntan Moffatt moved that the cotnmuttication be referred to the Council. Seconded by Councilman Thompson. Carried by the follow- iug vote: Yeas-Mayor ATurphy, Council- men I<Toffatt, Thompson, ~'an Duel- man. Nays-None. Councilman Whar- ton not voting. There being no further business Councilman Thompson moved to ad- journ. Seconded by Councilman Van Duelman. Carried by the follow- ing vote: Yeas-Mayor 11Iurphy, Council- men 1\Toffatt, Thompson, Van Duel- man Wharton. Nays-None. J. J. SHEA, City Clerk. Approved ..................................1943. Adopted ...................................1943. Councilmen: ~ ...................................... Attest : ................................................ City Clerk. Special 5essi~u7, September I3th, 1943 185 ~ r® r i L. - ffl (QFFECIAC..) Special Session, September 13th 1943. Board met at 7:00 P. M. Present-Chairman Geo. R. Mur- phy, Messrs. W. W. Moffatt, F. W. Thompson, Frank Van Duelman, Albert Wharton. Dr. C. C. Lytle, Director of Health, addressed the meeting stat- ing that three new cases of Polio- uxyelitis had occurred in the Du- bu~ue area, two adult cases and one child case. A lengthy discussion as to the advisability of opening the schools and rescinding the pres- ent restrictions now in force to pre- vent the spread of Poliomyelitis was held between the Members of the Board of Health, the Health Director and the Superintendent of Public Schools. I 11Ir. Albert Wharton moved that the Board of Health adjourn to re- convene at 7:00 P. M. on Friday, September 17th 1943. Seconded by Mr. Frank Van Dueiman. Carried by the following vote: Yeas-Chairman Geo. Et. Murphy, Messrs. W. «~. !lFoffatt, F. W. Thompson, Frank Van Duelman, Albert Wharton. Nays-None. 3. J. SHEA, Clerk, Board of Health. Approved ..................................1943. Adopted ....................................1943. ..................................... Members of Board .. ........... of Health ............. ...................... l ............ ........................ Attest : ..................................... Clerk, Board of Health. 15+~ Special Session, September 17th, 1943 ~ "g ~ ' ~' ~ i ,~ (OFFICIAL.) Special Session, September 17th 1943. Board met at 7:00 P. M. Present-Chairman Geo. R. Mur• play, 1Tessrs. W. W. Moffatt, F. W. Tlxompaon, Frank Van Duelmany Albert Wharton. Dr. C. C. Lytle, Health Director, addressed the meeting and reported that no new cases of Poliomyelitis have been reported in the past few days and recommended that the re- strictions now in force for the pre- vention of the spread of Poliomyel- itis be rescinded to become effec- tive on Monday, September 20th, 1913, at 7:00 A. M. llh•. Albert Wharton moved that the restrictions adopted by the , Board of Health because of the epi- demic of Poliomyelitis be rescind- ed and the state of emergency to terminate on Monday, September, 20th, 1943 at 7:00 A. M. Second- ed by IVh•. F. W. Thompson. Carried by the following vote: Yeas-Chairman Geo. R. Murphy, iVIessrs. W. W. Moffatt, F. W. Thompson, Frank Van Duelman, Albert Wharton. 1~Tays-None. Mr. Frank Van Duelman moved that the Board of Health commend the Dubuque County Medical So- ciety, the Poliomyelitis Committee of the Dubuque County Medical So- ciety, the Dubuque County Chapter of the National Foundation for the prevention of Infantile Paralysis, the Superintendent of the Public Schools, the Superintendent of the Parochial Schools, the Radio Sta- tions, the Newspapers, the Parents and the General Public for their co- operation and support during the Poliomyelitis epidemic and that the Chairman of the Board of Health be requested to convey to them in an appropriate manner the ap- preciation of the Board of Health for their cooperation and support during the Poliomyelitis epidemic. Seconded by Mr. F. W. Thompson. Carried by the following vote: Yeas-Chairman Geo. R. Murphy, Messrs. W. W. Moffatt, F. W. Thompson, Frank Van Duelman, Al- bert Wharton. Nays-None. There being no further business Mr. Frank Van Duelman moved that the Board of Health adjourn. Sec- onded by lh', dV. tip'. Moffatt. Car- ried by the following vote: Yeas-Chairman Geo. R. Murphy, Messrs. W. tiV. Moffatt, F. W. Thompson, Frank Van Duelman, Al- bert SVharton. Nays-None. J. J. SHEA, Clerk, Board of Health. Approved ..................................1943. Adopted ......................................1943. Members of Board ~ ...................................... of Health ~ ................................................ Clerk, Board of Health. _ .., .,. ,_ T Special Session, September 17th, 1943 187 ~, (®fficial) Special Session, September 17th 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 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 Ordinance No. 11-43, an ordin- ance repealing Ordinance No. 19-35 which amended Ordinance No. 9-35 relating to the issuance of Class "B" and Class "C" Beer Permits and acting on any other business as may properly come before a regular meeting of the City Coun- cil. Communication of Elks Lodge thanking Council for the assistance given in their sponsoring of Du- buque Navy Day parade and pro- gram on August 20th, 1943, pre- sented and read. Councilman Van Duelman moved that the commuui- catiou be received and filed. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas-Nlayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. Petition of Andrew D. Karigau requesting a refund in the amount of $75.00 on his cigarette permit No. 174 as he has discontinued bus- iness on September 6, 1943, present- ed and read. Councilman Thomp- son moved that the request be granted and the City Auditor in- structed to draw a warrant in the amount of $75.00 in favor of An- drew D. Karigan to cover the amount of refund granted on his cigarette permit No. 174. Seconded by Councilman Moffatt. Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. Petition of Henry J. and Pearl Kaep requesting the execution of a Quit Claim Deed conveying to them the northerly half of the portion of the vacated alley innnediately south of and adjoining Lot 43 in Julia L. Langworthy's Addition, presented and read. Councilman Van Duel- man moved that the petition be re- ferred to the City Manager and City Solicitor. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. Ordinance No. 11-43. An Ordin- ance repealing Ordinance No. 19-35 which amended Ordinance No. 9-35 relating to the issuance of Class "B" and Class "C" Beer Permits providing for the regulation of class- es of Beer Permits and require- ments to obtain said permits, and by the insertion and addition to said Ordinance No. 19-35 a limita- tion upon the issuance of Class "B" Permits, and by repealing any Ord- inance in conflict herewith, present- ed and read. Councilman Thompson moved that the reading just had be considered the first reading of the ordinance. Secondod by Council man Van Duelman. Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-Noce. Councilman Thompson moved that the rules be suspended requir- ing an ordinance to be read ou three separate days. 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 Thomp- son moved that the reading just had be considered the second reading of the ordinance. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Moffatt, Thompson, Van Duelman, Wharton. Nays-None. Councilman Thompson moved that the ordinance be placed on fila with the City Clerk for public in- spection for at least one week be- fore its final adoption. Seconded by Councilman Van Duelman. Car- ried by the following vote: Yeas-Mayor Murphy, Council- men Moffati, Thompson, Van Duel- man, Wharton. Nays-None. August 19, 1943. In re: Claim of John Ruh, Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: With reference to the claim of John Ruh, filed herein 188 Special Session, September 17th, 19~F3 for $1,291.00, $291.00 being for ac- tual expenses and $1,OOO.DO for pain and suffering, I have investigated this claim, consulted with the at- torney for the claimant and am of the opinion that there is a jury ques- tion iu this case and there may be a liability upon the part of the City. After consultation with the attor- ney for the claimant they hava agreed to settle the claim for the sum of $250.00. I reconunend that a warrant be issued to F. D. Gil- ; loon, Attorney for John Ruh, in the sum of $250.OU and that the same be ', delivered to him upon delivery to the City of Dubuque of a release Properly executed by the claimant. Yours truly, JOHN J. KINTZINGER, City Solicitor. Councilman Van Duelman moved that the recommendation of City Uolicitor Iiiutzinger be 'approved and the City Auditor instructed to draw a warrant in the amount of $250.00 in favor of F. D. Gilloou, Attorney for John Ruh, as settle- ment in full of the claim and that said jvarrant be delivered upon re- ceipt by the City of Dubuque of a properly executed release by the claimant. Seconded by Council- men Moffatt. Carried by the follow- ing vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- mari, Wharton. Nays--None. September 10, 1943. Honorable Mayor and City Council, City of Dubuque, Iowa. Gentlemen: With reference to the request asking the City Council to order the removal of live poultry and their odor from the Blum Com- pany building at Fifteenth and Elm Street, it is provided by the Code of Iowa: 5739 NUISANCES-Action to Abate. They (the City) shall have power to Prevent injury or an- noyance from anything danger- ous, offensive, or unhealthful; to cause any nuisance to be abated, and to provide for the assessment of the cost thereof to the prop- erty. They may prohibit any pub- lic or private nuisance, anti may maintain actions in equity to re- strain and abte any nuisance. In the case of Cole V. Kegler, 64 Iowa, 59 it is held: That the power to abate nui- sances does not enable the Cowl- cil to determine conclusively that a particular thing constitutes a nuisance; anti if the Council orders tlae removal of a thing Gvhich is in fact not a nuisance, the person causing its removal will be individually Babe in dam- ages and it is stated: "The paintiff was not damaged by the passage of the ordinance, and he does not claim that he was. His claim is that his prop- erty has been unlawfully destroy- ed. If it was not in fact a nuisance, then no ground for its destruc- tion existed, and the Plaintiff has been unlawfuly deprived of his property. It would be strange in- deed, if he coud not, under such circumstances, recover, a just and adequate compensation. Rounds v. Mansfield, 33 Me., 586; Green v. Underwood, before cited." It is further provided by the Statute: 12395 NUISANCE-what con- stitutes-action to abate. What- ever is injurious to health, inde- cent or offensive to the senses, or au obstruction to the free use of property, so as essentially to interfere with the comfortabe en- joyment of life or Property, is a nuisance and a civil action by ordinary proceedings may be brought to enjoin and abate the same and bo recover damages sustained on account thereof In the case of Riggings v. Decor- ah Produce Co., 214 Iowa, 276, be- ing an action to enjoin an alleged nuisance in a plant where poultry is bought, fed and cleaned, the Su- preme Court of Iowa states: "It is a matter of common knowledge that live poultry may not be handled even with the most scrupulous care without causing more or Less noise and confusion. Chickens confined in coops or feeding batteries or at liberty in ordinary chicken hous- es will cackle and crow more or less early in the morning and at other times when disturbed. iln- less the feeding troughs are promptly cleansed and all decay- ing feed prevented from remain- in therein, or if the offal, blood, feathers and other matter ac- cumulating about appellee's plant are not prompty and carefully disposed of, more or less odor of varying degrees of offensiveness `will inevitably arise therefrom. It has been held that the squeel- ing of pig's, odors arising from hen houses, together with the noises incident thereto, do not constitute nuisances. Cark, v. Wambold, 160 N. W. (Wis.) 1039; `~~acle v. iElil- ler, 73 N. E. (Mass.) 549; Ballen- tine v. Webb, 47 N. ~V. (Mich.} 4S5" (Page 2S2). ~X W-~ Special Session, Septemiler 17th, 19-13 1S9 "One pel•son may be and prob- ably is much more sensitive to such anatters than others. In passing upon questions of the character before ns, courts must have in nlincl the effect of such offensive mattel•s upon persons of ordinary and reasonable sensibili- ties. Nevertheess, it seems to us that solzle of the possible sources of aliegad offensive odors may be largely, if not wholly, avoided. The odor az•ising from scalding chickens is, no doubt, difficult to minimize to any considerable extent. The accllnzulation of de- caying food, if any, in the feed- ing troughs may be wholly avoided. The removal of the of- fali fi•a~zz the feeding batteries should ire sufficiently prompt and thorough to eliminate most of the complaint from this source. It should not lie permitted to be placed in, or to remain about, the plant in open containers, nor should it be conveyed in open trucks or wagons. This should be remedied. The tallow and par- affin removed from the dead fowls necessarily becomes so nlixecl with foreign substances that, when repeatedly reheated, it becomes offensive. It appears to be the custom at the plant to replace the tallow and paraffin in the vats for reheating. This op- eration should not be repeated until the odor arising from the vat is substantially intensified thereby. Iu other words, too fre- quent 1•epetition must be avoided. The killing room and all other parts of the plant and premises should be kept scrupulously clean and sanitary. «Te do not over- look the testimony on behalf of appellee on this point, but there are always possibilities of iul- provement in sanitation and cleanliness. The odors fz•om the plant are little noticed by appel- lant or those residing in his im- mediate vicinity, except when the wind in the warmer season blotivs from the northeast. This is not the Prevailing direction Prom which the breezes come in the summer season. The property of appellant consists of a valuable modern dwelling house and iuz- proved grounds, and while the area in the residential section af- fected by the matters complained of is very small, this is not a de- fense to appellant's action. The evidence does show, however, that there are more or less nois- es in the community front the op- eration of railway trains, ice and other plants and that some odor escapes from the gas plant and, no doubt, from the stockyards lo- cated farther away. Upon the rec- ord before us, we are of the opin- ion that the operation of the Pro- duce plant should not be enjoin- ed. The decree will be modified, however, to the extent that ap- pellees will be enjoined froul placing the offal from the feeding batteries and other sources in open cans or placed about the premises in open containers and from being removed therefrom in open conveyances. Accumula- tions of this character must be removed in closed containers. The decree will also be modified so as to prohibit the use of tal- low and paraffin with which oth- er substances have been mixed so as to increase the odor from the heating vat in which same are placed." (pag•e 283-254). The court, in the Higgins case, refused to enjoin the operation of the chicken plant as a nuisance, but only enjoined certain things in connection with the operation of said plant. This ease is much like the Bluln case. I am of the opin- ion that the Council cannot legal- ly declare the Blum plant a nuis- ance and order the abatement thereof. The Zoning Ordinance of Du- buque places certain restrictions on chickens in residential districts. The Blum plant is located in the Heavy Industrial District, and there are no restrictions against the op- eration of the plant in question in that district, unless the same con- stitutes a nuisance. Olll'S tl'llly, JOHN J. I~INTZINGER, City Solicitor. Councilman Z~harton moved that the opinion of City Solicitor Kintz- inger be received and filed. Sec- onded by Councilman i\Zoffatt. Car- ried by the following vote: I eas-1\Iayor Murphy, GOl1llC11- men Moffatt, Thompson, Van Duel- 8uan, ~vha,rton. Nays-None. Dubuque, Iowa, September 13, 193. To the Honorable Mayor, and Illenlbers of the City Council, Dubuque, Iowa. Gentlemen: In accordance with provisions of Chapter 259 of the Code of Iowa, 1939, the Civil Ser- vice Conunission conducted a pro- motiolzal examination, as of April 26th, 19?3, for those seeking pro- motions ou the Fire Department. The following are those who pass- it ~I ',I III 1_90 Special Session, September lith, 19.3 ed with the highest averages. All protatotious ou the Fire Department should be made from this list. Captain Name Average. tiVm. F. Higgins ............. .........50.50% Engineers Name Average. Jolm T. Ratterman ....... .........77.00% Martin J. Fury .............. .........75.00% Lieutenants Name Average. Francis R. Henkels ... .........88.50% William E. Blaser ........ ..........58.00 0 Ben J. O'Leary .............. ..........58.00% Eldon H. Strohmeyer .........88.00% Martin J. Cahill ............ ..........85.00% Patrick lI. Casey ........ .........53.00% Ellwood J. Flicii ............ ........_S2.50% John P. Schadle ............ ..........82.50%0 Louis J. Donovan .......... ..........79.00% Clarence H. Kearney .. ..........78.00% Herbert C. Hocking ...... ..........73.50% Respectfully sn bmittecl, C. S. HARDER, Chairman. DR. JON B. MURRAI , EDWIN F. STRUEBER, Commissioners. J. J. SHEA, Clerk. Subscriitecl and sworn to before me this 13th day of September, 1943. CtERALDINE L. DEMDIER, Notary Ptablic. Councilman Wharton moved that the report of the Civil Service Cont- mission he received and treacle a matter of record. Seconded by Councilman Thompson. Carried by the following vote: eas-1\Zayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. September 10, 1943. To the Honorable Mayor and City Cotmcil, Dubuque, Iowa. Gentlemen: I laerewitlt submit the reports of the City Auditor, City Treasurer, City Health Department and City Water Works, also the list of claims and payrolls for which warrants were dra`vn during the month of August, 1943. Respectfully, snbmittecl, A. A. RHOMBERG, City Manager. Councilman Van Duelman moved that the reports be reeeivecl and placed on file. Seconded by Coun- cilutau Thompson. Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. September 17, 1943. To the Ilouorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have approved the following bond and policy and desire to have your approval on same for filing: ENCAVATION Richard J. Burke, 130 West 13th Street, Boncl No. 2843, American Bonding Co. of Baltimore. Curtis-Straub Co., 1069 Main Street, Policy No. MP 36423, Cen- tral Surety & Ins. Corp. Respectfully submitted, A. A. RHOMBERG, City Manager, Couuciltuan Thompson moved that the bonds be approved and placed on file. Seconded by Coun- cilman i'an Dttelman. Carried by the following vote: Veas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- ntan, Wharton. Nays-Nona. Fiesoltation l~lo. 105-~3 tiVhereas, application for Class "B" Beer Permit has been snbmit- tecl 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 follow- ing application is granted and the license is to be issued upon com- pliance with the terms of the orctiu- auces of this City. CLASS "B" PERMIT Name Address Hubert 11I. Fischbach and Ethel Fischbach, 1097 Jackson Street. Passed, adopted and approved this 17th clay of September, 1943. GEO. R. MURPH ~', Mayor. F. W. THOi1TPSON, FRAl\TD VAN DUELMAN, W. W. MOI+FATT, ALBERT «THARTON, Councilmen. Attest: J. J. SHEA. City Clerk. Councilman Van Duelnan moved the adoption of the resalution. Sec- onded by Councilman Thompson. Carried by the following vote: I eas-Mayor NTurphy, Council- men Moffatt. Thompson, Van Duel- man, Wharton. Nays-None. ~~ n,:; Special Session, September 17th, 1943 191 Resolution PVo. 106-43 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 Hubert M. Fischbach and Ethel Fischbach, 1097 Jackson Street. Be It Further Resolved that the bond filed by such applicants be and the same is hereby approved. Passed, adopted and approved this 17th day of September, 1943. GEO. R. MURPHY, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, W. W. -IOFFATT, ALBERT WHARTON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolutiau. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas-1Viayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, tiVharton. Nays-None. Communicatiou of County Audi- tor Daykin advising Council that the Board of Supervisors have ac- cepted abid in the amount of $35.00 made by Arch. Tinklaam on Lots 11 and 12 of Marsh's Addition, present- ed and read. Couucilxnan Thompson moved that the communication be referred to the Council to view the g~rouncls. Seconded by Comicilman Van Duelman. Carried by the fol- lowing vote: Yeas-Mayor Murphy. Couneil- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-Noce. Conununication of County Audi- tor Daykin advising Council that the Board of Supervisors have ac- cepted abid in the amount of $50.00 of Mrs. Andrew Hindman on Lots 106 and 107 in Burden & Lawther Addition, presented and read. Cotui- cihnan Thompson moved that the communication be referred to the Council to view the grounds. 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. Conumuuication of County Audi- tor Daykin advising Council that the Board of Supervisors have ac- cepted abid in the amount of $55.00 made by Howard W. Hintz on Lots X-2-3-11-12 and 13 of Ding's Grove Addition, presented and react. Coun- cilman Thompson moved that the communication be referred to the 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. 1Vays-None. Contxnunication of County Audi- tor Daykin advising Council that the Board of Supervisars have ac- cepted au offer of $120.00 trade by the Board of Doch Coxnrnissioners on Lots 615 to 619 hlcl., Lots 022 to 626 incl., Lost G20-621 East Du- buque Addition, presented and read. Councilman Thompson moved that the communication be referred to the Council to view the grounds. Secomcled by Councilman Van Duel- man. Carried by the following vote: Yeas-NTayor Ivlnrphy, Council- tneu Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. Communication of County Audi- tor Daykin advising Council that the Board of Supervisars have ac- cepted an offer of $40.00 made by John Schoeberl on Lot 129 of Wood- la~vn Park Addition, presented and react. Councilman Thompson moved that the communication be refer- red to the Cotmcil to view the grounds. Seconded by Councilman Iran Duelman. Carried by the fol- lowing vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-1Vone. There being uo further business Councilman Thompson moved to acl- 192 Special Session. September 17th, 1943 journ. Seconded by Councilman Moffatt. Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. 3. d. SHEA, City Clerk. Approved ........ ..........................1943. Adopted ........... .........................1943. fr:_-t. `° ~^ :~~,` _ __. _........_ -j SpFCial Session, ScUtemhex- 24th, 1943 193 .~. ~ n ~°;7 II i I ~ I'l ~I~ ii;' (Official} Special Session, September 24th, 1943. Council met at 7:30 P. M. Present -Mayor Murphy, Coun- cilmen -Zoffatt, Thompson, Van Duelman, Wharton, City Manager Rhomberg. Meeting called by order of Coun- cilmen Moffatt and Thompson. 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 petition of the Dubuque Packing Company requesting per- mission to occupy twelve feet in width and forty feet in length of the westerly side of Sycamore Street lying easterly of the souther- ly 28 feet 8 inches of Lot 426 and the northerly 11 feet 2 inches of Lot 425 of East Dubuque Addition No. 2 for the purpose of constructing and maintaining thereon a "Resin Storage aucl Reclaiming House" and acting• on any other business as may properly come before a regular meeting of the City Council. Petition of the Dubuque Packing Company requesting permission to occupy ttivelve feet in width and forty feet in length of the westerly side of Sycamore Street lying east- erly of the southerly 28 feet 8 inch- es of Lot 426 and the northerly 11 feet 2 inches of Lot 425 of East Dubuque Addition No. 2 for the pur- pose of constructing and maintain- ing thereon a "Resin Storage and Reclaiming• House", presented and read. Councilman Van Duelman moved that the rules be suspended for the purpose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton, Nays-None. Mr. M. H. Czizek, Attorney, rep- resenting the Dubuque Packing Company, addressed the Council in support of the petition of the Du- buque Packing Company. Council- man Van Duelman moved that the petition of the Dubuque Packing Company 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-Nmle. Resolution No. 107-43. Be It Resolved by the City Coun- cil of the City of Dubuque as fol- lows: Par. 1. That Dubuque Packing Company, its successors and as- signs, be and it is hereby granted the right and authority to use and occupy twelve feet in width and forty feet in length of the westerly side of Sycamore Street lying east- erly of the southerly twenty eight feet and eight inches of Lot 42G and the northerly eleven feet and two inches of Lot 425, East Dubuque Ad- dition No. 2, for the purpose of coxa- structing a.nd maintaining thereon a Resin storage and reclaiming house, such building' to be twelve feet in ~viclth, forty feet in length and approximately nineteen feet in heighth, and to be built of fire- proof construction. Par. 2. That such building shall be constrxxeted under the supervis- ion of the City Manager and Build- ing Commissioner. Par. ~. That the right to con- struct and maintain such building shall be subject to the continuous control of the City Council, reserv- ing the right to said Council to im- pose restrictions and conditions up- on the enjoyment thereof as may be reasonably necessary for the protection of the public interests, including the right to revoke and rescind this grant if at any time the public interest should require such revocation. Par. 4. As a further consideration for the rights and privileges hereby granted, said Dubuque Packing Company, its successors and as- sig~ns, shall assume all liability for damages to persons or property which might result from the con- struction and maintainance of the structure hereby authm•ized, and said Dubuque Packing Company, at its own expense, shall 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 be required to pay any sum, as damages on account thereof, said Dubuque Packing Company shall reimburse said City harmless from such damages. Par. 5. Should the rights and privileges hereby granted be re- scinded or revoked, Dubuque Pack- ing Compaxay, its successors and as- signs, upon reasonable notice and 1~i4 Special Session, September 24th, 1943 at its own expense, shall remove the structure hereby authorized and x•estore the street to as good condi- tion as it was before such stru~- tune was placed thereon. Par. 6. This Resolution shall be- come effective and the rights here- under shall accrue to Dubuque Packing Company, its successors and assigns, when the terms and provisions thereof have been ac- cepted by said Company, which ac- ceptauce shall be endorsed hereon. Passed, adopted and approved this 24th clay of September, 1943. GEO. R. MURPHY, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, W. W. MOFFATT, ALBERT WHARTON, Councilmen. -,:. `. I' s '' i i Attest: J. J. SHEA, City Clerk. Acceptance of Resolution Dubuque Packing Company, hav- ing knowledge and full unclerstaucl- iug of all of the terms and pro- visions of the foregoing Resolution, being Resolution No. 107-43, here- ' by accepts the same. Dated and signed at Dubuque, Iowa, this 25th clay of September, 1943. ~ >_.~ _' ,. i'.a~ar3°,v~f ~• * }-M - } ,~,-, :. ~- ~ sl, s~t ~~ . ._ _.. Dubuque Packing Company, By H. W. WAHLERT. President. Councilman Thompson moved the adoption of the resolution. Second- ed by Councilman Vau Duelman. Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. Petition of Mrs. Katie A. Miller, referred to the City Council by the hoard oY Supervisors, requesting suspension of the 1942 taxes on Lots 9 and 10 of Johnston's Sub- division, presented and read. Coun- cilman Wharton moved to refer the petition to the City Solicitor for in- vestigation and report. Secouclecl by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt. Thompson, Van Duel- man, Wharton. Nays-None. Original Notice of Suit of Philip V. Schwinn and Carl P. Hoare, guardians of the person and prop- erty of Florence McLean, incompe- tent, Plaintiffs, Vs. John H. Maclay, John J. Jobgen and Robert tiV. Clew- ell, Executors of the Estate of Charles NScLean, deceased and Trustees under the Last Will and Testament of Charles McLean, de- ceased, City of Dubuque et al, De- fendants, for the purpose of quiet- ing title to Lot 2 of the Subdivision of Lots 1 and 2 of the Subdivision of Lot G of 7 of Mineral Lot 79 and Lot A of Mineral L,ot 79, presented and read. Councilman Wharton moved to refer the Original Notice of Suit to the City Solicitor. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas--Mayor Murphy, Council- men Moffatt, Thampson, Van Duel- man, Wharton. Nays-None. Ordinance No. 11-43. An Ordin- ance repealing Ordinance No. 19-38 which amended Ordinance No. 9-35 relating to the issuance of Class "B" and "C" Beer Permits provid- ing for the regulation of classes of Beer Permits aucl requirements to obtain said permits, and by the insertion and addition to said Or- dinance No. 19-38 a limitation upon the issuance of Class "B" Permits, and by repealing aily Ordinance in conflict herewith, said ordinance having been passed upon first anti second readings on September 17th 1943 and ordered placed on file with the City Clerk for public inspec- tion for at least one week before its final adoption, presented and read a third time. Ordinance No. 11-43 ,An Orclixiance repealing Ordin~ ante No. 19-35 which amended Or- clinance No. 9-35, relating to the is- suance of Class "B" and "C" Beer Permits providing for the regula- tion of classes of Beer Permits and requirements to obtain said per- mits, and by the insertion and ad- dition to said Ordinance No. 19-38 a limitation upon the issuance of Class "B" Permits and by repealing any Orclinanee in conflict herewith. Now Therefore, Be It Orclainecl by the City Coun- cil of the City of Dubuque: Section 1, That Ordinance No. 19-35, with reference to the limita- tion of Class "B" Permits, be, and the same is hereby repealed. Section 2. By acldiug to and in- serting in said Ordinance No. 9-35, following paragraph 493, the fol- lowing: "Paragraph 493x.-Limitation of Class "B" Permits: Section 6. That the number of Class "B" Beer Permits to be issued upon Application meeting the require- ments of the City Ordinance shall net be iu excess of 111." In determining the number of permits to be issued under the pro- visions of this Ordinance, Class "B" ' +to' `~ i Special Session, September 24th, 1943 195 Permits issued to clubs and hotels as contemplated shall be excluded from the limitation as to the num- ber, as in this Ordinance provided. Section 3. That any and all Ordi- nances or parts thereof in conflict herewith be, and the same are here- by repealed. Section 4. This Ordinance shall be in force and effect from and af- ter its final passage, adoption and approval by the City Council and publication as by law provided. Passed upon first and second reading this 17th day of September, 1943. Passed, adopted and approved up- on final reading this 24th day of September, 1943. GEO. R. MURPHY, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, W. W. MOFFATT, ALBERT WHARTON, Councilmen. Attest: J. J. SHEA, City Clerk. Published officially in The Tele- graph-Herald newspaper this 27th day of September, 1943. J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the ordinance. Sec- onded by Councilman Thompson. 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 clrawu dur- ing the month of August, 1943, pre- sented and read. Councilman Thompson moved that the proof of publication be received and filed. Seconded by Councilman Van Duel- man. Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. September 24, 1943. To the Honorable Mayor and City Council, Dubuque, Iowa. Geutle.men: At the session of the Council held September 17, 1943, the petition of Henry J. aucl Pearl Kaep x•equesting the execution of a quit- claim deed to them of the norther- ly half of the portion of the vacated alley immediately south of and ad- joining Lot 43 in Julia L. Lang- worthy's Addition was referred to the City Manager and City Solicitor for investigation and report. We have investigated the case and find the facts as presented in k `3 7 _:.a the petition and recommend the grauting~ of the requesi. Respectfully submitted, A. A. RHOMBERG, City Manager. J. J. KINTZINGER, City Solicitor. Councilman Thompson move d Thai the recommendation of City Manager Rhomberg' and City Soli- citor hintzinger be approved. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas-Mayor Nturplxy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-Noce. €iesolution No. 10II-43 A RESOLUTION authorizing execu- tion of Quit Claim Deed to the northerly half of the portioxi of vacated alley adjoining and abut- ting on Lot 43 in Julia L. Lang- tvorthy's Aclditiou in the City of Dubuque, Iowa, pursuant to Ordi- nance adopted on May 7, 1914. Whereas, a request has been filed with the City Council of the City of Dubuque, Iowa, to execute a Ruit Claim Deed to the northery half of the portion of vacated alley adjoin- ing and abutting on Lot 43 in Julia Langtivorthy's Addition in the City of Dubuque, Iowa, to Henry J. Kaep and Pearl Kaep, hixsbancl and jvife, as joint tenants and not as tenants iu coxnman, pursuant to an Ordi- nance adopted on May 7, 1914, which reads as follows: "Section 1, That the alley ex- tending fi•om Nevada Street easter- ly to a i~TOrth and South alley and being between Langworthy Avenue and Solon Street in Julia L. Laug- worthy's Addition to the City of Du- buque, Iowa, be and the same is hereby vacated antl annulled and the permanent use of the respective portions thereof is hereby granted to the owners and proprietors of said lots as contemplated by sta- tute in such cases." Whereas, said Ordinance provides thai it is io take effect on one pub- lication in the daily Telegraph anti Times-Journal, and Whereas, such publication was duly made on May 8, 1914; Now, Therefore Be It Resolved by the City Coun- cil of the City of Dubuque, Iowa, that the City of Dubuque, Iowa, by ii;s duly authorized officers, being its Mayor and Clerk, execute a Quit Claiux Deecl canveying the norther- ly half of the portion of the vacated a11ev adjoining and abutting on Lot 43 ixx 3ttlia Langworthy's Addition in the City of Dubuque, Iowa, to Henry J. Kaep aucl Pearl Kaep, hus- band and wife, as joint tenants and -_ - not as tenants in common, and de- men Moffatt, Thompson, Van Duel- - fiver said deed to said record title man, Wharton. o~vuers and clo any and all things Nays-None. -_ necessary to give full force and J. J. SHEA effect to the Ordinance adopted as , City Clerk. `-_ above referred to. < APProved ....................................1943. - ,. ,: Passed, adopted and approved "' ' "^- -'. this 24th day of September, 1943. Adopted .....................................19.13. Attest: J. J. SHEA, City Clerk. .;" (Seal) ..................................... ,.- `. °' ;:, ~.. GEO. R. MURPHY, Councilmen: Mayor. .., F. W. THOMPSON, `,;~ ~,i . FRANK VAAT DUEL-IAN, .................................... "s''1.-. W. W. MOFFATT, ~ ~_ ALBERT VJHARTON, Attest : ................................................ City Clerk. ~;,£ _. Councilmen. ;,>~,~, € ` .+ ~ CERTIFICATE. %, `" ~ ~~ I, J. J. Shea, Clerk of the City of ~,,,,:.;.~ _ ~ I Dubuque, Iowa, do hereby certify ;~;. ; ,_~ - ( that the foregoing, as shown by ~' ~ ^~ ~ Records in my office, is a true, cor- '"" ~ ' '~; ~:: ~. ; - rect anti compared co ~°' ~'~ ~~-~ LUTION authorizing eaecutiou of °` " ~': ; ' ; °-v='-_ deed to the northerly half of the _ _ portion of the vacated alley adjoin- - ~_ ~ ...- s'py ing and abutting ou Lot 43 in Julia ' I ' Langworthy's Addition in the City ~' ~ r:_>.,y - - ~ ~ - ~ of Dubuque, Iowa, pursuant to OR- ~:., DINANCE adopted by City of Du- °~ _ buque, Iowa, ou I4Iay 7, 1914. That ~~ ,v. ~~ . ~ °_ ~.:~,; ° ~ said resolution was passed, adopted ~ ~.°' ' ~ and approved by the City Council g$.'-.;`, :r ~~ ~+ : , - of the City of Dubuque, Iowa, ou %. ,. ~`~l`'`'° ` September 24, 1943. ~ ~ J. J. SHEA, (` - Clerk, City of Dubuque, Iowa. t">; ' l (Seal) r m'''~Fs~ _ ' I i Councilman Van Duelman moved the adoption of the resolution. Sec- -_ onded by Councilman Moffatt. Car- ~ ried by the following vote: i~~p•: ~ Yeas-Mayor Murphy, Council- `• ~ ` ~„~~ men Moffatt, Thom son, Van Duel- P V" ~ man, Wharton. , .~:. ~x"` ' i "~ y Nays-None. t. ~r°~= ! ° "` ~' ,~., ~ - ~ There being no further business, --'_,w:: ~ 'p ' Councilman Thompson moved to '~_-' "' ' adjourn. Seconded by Councilman Moffatt. Carried by the following ._, x~ _ vote: `~°'`_~ =,x <- _ 4', Yeas-Mayor Murphy, Council- g i ~ ", , ,.:~ . ~=