1943 December Council Proceedings_ _- ~_
Regular Sessinn, December 6th, 1913 '~9
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'1
(®fficial)
Regular Session, December 6th,
1943.
Council met at 7:30 P. M.
Present-A/ayor Murphy, Council-
men Nleffatt, Thompson, Van Duel-
man, Wharton, City Manager Rhmn-
berg.
iMayor 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.
Resolution No. 119-43
RESOLUTION AND APPLICA-
TION FOR PERMANENT
TRANSFER OF FUNDS.
Whereas, An Emergency tas levy
was made by the City Council of
the City of Dubuque for use in sup-
plementing the funds required for
debt service during the fiscal year
beginning April 1, 1943, and ending
-Iarch 31, 1944, upon authority and
approval of the State Comptroller;
and
Whereas, Ou the lst clay of No-
vember, 1943, there was a cash bal-
ance in the Grading Funcl of
$20,955.52; and
Whereas, There is now in the
hands of the City Treasurer and
ereciitecl to the Emergency Fund the
sum of $12,659.59 which is available
for transfer to the Grading Fttnd for
debt service; and
Whereas, During' the current ils-
cal year Grading Boncls in the
amount of $30,000.00 mature and
Grading Bond Interest in the
amount of $2,700.00 becomes due
and payable; and
Whereas, In order to pay the obli-
gations due it is necessary to make
a transfer of $12,659.59 from the
Emergency Funcl to the Grading
Fund; and
1Vhereas, Before any transfer
may be made from the Emergency
Ftutcl to any other fund, an appli-
cation must be made to the State
Comptroller Yor authority to make
the transfer and his approval se-
cured thereon; Nov, Therefore,
Be It Resolved by the City Coun-
cil of the City of Dubuque that,
subject to the approval of the State
Comptroller, there be and there is
hereby transferred from the Emerg-
ency Funcl the sum of $12,659.59 to
the Grading Funcl and the Stato
Comptroller is hereby petitioned to
authorize and approve such trans-
fer; aucl
Be It Further Resolved that upon
the approval of such transfer the
Auditor of the City of Dubuque is
directed to adjust his accounts ac-
cordingly and to notify the Treas-
urer of such transfer, and such noti-
fication shall be accompauiecl by a
copy of this resolution and the rec-
ord of its adoption.
The x°esolution was passed, adopt-
ed and approved by unanimous ac-
tion of the City Council on the 30th
day of November, 1943, and all
members thereof signed their
names thereto.
GEO. R. MURPHY,
Mayor.
F. W. THOMPSON,
FRANK VAN DUELNIAN,
W. lV. MOFFATT,
ALBERT WHARTON,
Councilmen.
Attest: 3. J. SHEA,
City Clerk.
The foregoing resolution and ap-
plication having been filed with the
State Comptroller, the transfer re-
quested is approved this 2nd clay of
December, 1943.
C. FRED PORTER,
State Comptroller.
Councilman Thompson move d
that the approval of C. Fred Porter,
State Comptroller, of Resolution
No. 119-43 be received and made
a matter of record. Seconded by
Councilman Van Duelman. Carried
by the following vote:
Yeas-Mayor Murphy, Couucil-
xnen Moffatt, Thompson, Van Dual-
man, ZVharton.
Nays-None.
Resolution No. 120-43
RESOLUTION AND APPLICA-
TION FOR PERMANENT
TRANSFER OF FUNDS
Whereas, Daring the current fis-
cal year Improvement Bonds in the
amcunt of $35,000.00 mature and
Improvement Bond Interest in the
amount of $6,200.00 becomes clue
anti payable; and
Whereas, On the 1st day of No-
vember, 1943, there was a cash bal-
ance of $21,262.63 ixx the Improve-
ment Fuucl; and
Whereas, On the 1st clay of No-
vember, 1943, there was a casix bal-
axtce of $21,792.59 in tlae Water
Works General Funcl and a balance
of cash and securities of $52,649.52
in the Water T~7orks Sinking Fund;
aucl
Whereas, No Water Works Bonds
nor Interest are clue and payable
during the remainder of the current
fiscal year and $28,000.00 in bonds
and $630.00 in interest become due
and payable during the succeeding
year anu therefore the requirements
of Section 6151.1 of the Code of
Iowa have been fully met; and
22t) lkegular Session, December 6th, 1943
`~
^~ ::
\~'hereas, In order to Pay the obli-
gations due, it is necessary to make
a transfer of X20,000.00 from the
Water Worlis General Funcl to the
improvement Fund; and
Whereas, Before any transfer
Wray be matte from the Water Works
General Fuucl to any other food an
application trust be made to the
State Comptroller for authority to
make the transfer and his approval
secured thereon; Now, Therefore
Be It Resolved by the City Coun-
cil of the City of Dubuque that, sub-
ject. to the approval of the State
Comptroller, there be and there is
hereby transferred from the Water
C~'orks General Fund to the I1u-
proventent Fund the sutra of
$0.000.00 anti the State Comptroll-
er is hereby petitioned to authorize
and approve such transfer; and
Be It Further Resolved that up-
on the approval of such transfer the
Auditor of the City of Dubuque is
directed to adjust his accounts :tc-
corclingly and to notify the Treas-
urer of such transfer aucl such noti-
fication shall be accompanied by a
copy of this resolution and the re:-
ord of its adoption.
The resolution was passed, adopt-
ed and approved by unanimous ac-
tion of the City Council on the 30th
clay of November, 1943, and all
members thereof signed their
names thereto.
GEO. R. MURPHY,
il2ayor.
F. tiV. THOMPSON,
FP ANIi VAN DUELNIAN,
W. W. MOFFATT,
ALBERT WHARTON,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
The foregoing resolution and ap-
plication having been filed with the
State Comptroller. the transfer re-
quested is approved this 2nd clay of
December, 1943.
C. FRED PORTER,
State Comptroller.
Cottncilntan Thompson move d
the approval of C. Fred Porter,
State Comptroller, of Resolution
No. 120-43 be received and made a
matter of record. Seconded by
Councilman Van Duelman. Carried
by the following vote:
Yeas-Mayor Murphy, Council-
men 1~Ioffatt, Thompson, Van Duel-
man, dVharton.
Nays-None.
Couuttunication of Ben H. Hall,
Director of Property Tax Division,
State Tax Commission, Des NIoiues,
Iowa, extending invitation to the
City Assessor to attend a confer-
ence of assessm•s to be held in Des
Moines, Iowa, on December 13, 1943,
preseutecl and react.
Councilman Thompson m o v e cl
that City Assessor Hanover he
authorized to attend the conference,
the expenses to be borne by the
City of b ti b is q u e. Seconded by
Councilman Moffatt, Carried by the
following vote:
Yeas-Mayor Murphy, Conncil-
nteu IVloffatt, Thompson, Van Duel-
ntau, Wharton.
Nays-None.
Couuuuuicatiou of Boarcl of Dock
Commissioners submitting attached
Quit Claim Deecl from the Boarcl of
Supervisors for Lots G15 to G2G,
both inclusive, in East Dubuque Acl»
clition, preseutecl aucl react.
Councilman Wharton moved that
the communication be received and
filed and the Quit Claim Deecl or-
dered recorded with the County
Recorder.
Councilman Van Duelman moved
that the rules be suspended for the
purpose of allowing any one present
in the Council Chamber, who wish-
es to do so to address the Council.
Seconded by Cottncilntan Wharton.
Carried by the following vote:
I eas-:VTayor Murphy, Council-
men Moffatt, Thc'inpson, Van Duel-
man, Wharton.
1Vays-1~TOne.
Petition of Mrs. Belle W. Lawr-
ence requesting the City Council to
accept her offer in the amount of
X30.00 for the surrender and can-
cellation of the tax sale certificates
held by life City of Dubuque against
Lot 10 of Caitt's Subdivision in the
-City of Dubuque, Iowa, preseutecl
and read.
Councilman Van Duelman moved
that the offer be accepted anti the
City Treasurer instructed that up-
on receipt oY the amount of $30.00
paid by RIrs. Belle W. Lawrence
that the tax sale certificates hel._1
by the City of Dubuque against Lot
10 of Cain's Subclivisiou be surren-
dered and cancelled. Seconded by
Councilman Moffatt. Carried by
the following vote:
Yeas-Mayor iVfurphy, Council-
' men 1lloffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
Petition of the Dubuque Packing
Company requesting the City Coun-
cil to vacate and convey to the Du-
buque Packing Company the fol-
lowing areas: East 18th Street from
the east line of Lynn Street easterly
to Lake Peosta; East lrth Street
froth the east line of Sycamore
Street easterly to Lalce Peosta; The
alley between Sycamore and Lynn
Streets from the north line of East
i
i
~,
l
4
i
&..:.
heg-ular Sessi~>n, December 6th, 19T3
221
16th Street to the south line of
East 17th Street; Lynn Street from
the north line of East 16th Street
to the south line of East 17th
Street; The alley between Lynu
and Ash Streets from the north line
of East 15th Street to the south
lice of East 1Sth Street; Ash Street
from the north line of East 15th
Street to the south line of East 16th
Street, and from the north line of
East 16th Street to the south line of
East 1Sth Street; the alley between
Ash and Marsh Streets from the
north line of East 15th Street to the
south line of East 16th Street and
from the north line of East 16th
Street to the south line of East 1Sth
Street; Marsh Street from the
north line of East 16th Street to
the south line of East 19th Street;
Alley between Marsh and Hickory
streets fi'om the north line of East
16th Street to the south line of East
19th Street; Hickory Street from
the north line of East 16th Street
to the south line of East 19th
Street; A11ey in Block 25, Railroad
Addition, from the north line of
East 1Sth Street to the south line
of East 19th Street; also that the
City undertake whatever improve-
ments are necessary to make Syca-
more Street available from East
14th Street to East 1Gth Street, pre-
sented and read.
Councilman Wharton moved that
the petition be referred to the Plan-
uin; auu Zoning Conunission for
their recommendation and report.
Seconded by Councilman Moffatt.
Carried by the following vote:
Yeas--Iayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-Noce.
Petition of the E. E. Frith Co.,
Inc., by E. T. Frith, President, x'e-
questing the City Council to vacate
and convey to the E. E. Frith Co.,
Inc., the south one-half of East 1Sth
Street from Sycamore Street to
Lyxxn Street and also the westerly
one-half of Lynn Street from 17th
Street to 1Sth Street and also the
alley abutting their property be-
tween Lynn Street and Sycamore
Street and between 17th Street and
1Sth Street, presented and read.
Councilman Wharton moved that
the petition be received and placed
on file and that the City Solicitor
be iustrucied to prepare the proper
proceedings. Secoucled by Council-
man Van Duelman. Carried by the
following vote:
Yeas-Mayor Murphy, Council-
men 11Ioit'att, Thompson, Van Dual-
man, Wharton.
Nays-None.
Council Proceedings for the
month of September, 1943, and also
for the month of October, 1943, pre-
sented for approval.
Councilman Van Duelman moved
that. the Council Proceedings for the
month of September, 1943, and also
for the month of October, 1943, be
approved as printed. Seconded by
Councilman Moffatt. Carried by the
following vote;
Yeas-Mayor Murphy, Council-
man Moffatt, Thompson, Van Duel-
man. Wharton.
Nays-None.
December 6, 1943.
To the Honorable Mayor aucl
City Council, Dubuque, Iowa.
Gentlemen: At the session of the
Citp Council held November 30,
1943, the petition of the Stampfer
Builcliug Company requesting per-
mission to construct a compressor
room in the alley between Main and
Iowa Streets abutting the easterly
line of City Lot 29 was referred to
the Council to view the grounds.
The Council viewed the premises
on December 5, 1943, and decided
to grant the request. I recommend
that the decision of the Cotmcil be
confirmed and the request be
granted by the adoption of the at-
tached resolution.
Respectfully submitted,
A. A. RHOIIBERG,
City iVIanager.
Councilman Van Duelman moved
that the recouunenclation of City
Manager Rlomberg be approved
axul the decision of the City Coun-
cil confirmed. Secmlded by Council-
man Moffatt. Carried by the fol-
lowing vote:
Yeas-iVlayor Murphy, Comicil-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
Resolution IUo. 123-a3
Whereas, Stampfer Building Com-
pany has filed witlx the City Coun-
cil arequest for permission to con-
struct a compressor room in the
alley abutting City Lot No. 29 in
the City of Dubuque, aucl
tiVhereas, Said Petition was re-
ferred to the City Council to view
the grounds, and
Whereas, the City Council has
viewed the grounds and is of the
opinion that said request should be
gx°anted; Now, Therefore,
Be It Resolved by the City Council
of the City of Dubuque:
Section 1. That the Stampfer
Building Company, its successors
__
y...-____ _...___ _ `~ ~_
222 l:e~ular tiession, December 6th, 19-13
aucl assigns, be, and it is hereby
granted the right artd authority to
construct the compressor room hr
the alley abutting City Lot No. 29,
in the tarty of Dubuque, in accord-
ance with the plat attached to said
petition.
Sec. ~. That such construction be
clone nutter the direction aucl super-
vision of the City Manager and
Building Inspector.
Sec. 3. That the right to con-
struct and maintain such compress-
or room, as hereby granted, shall
be subject to the continuous con-
trol of the City Council, reserving
the right to said City Council to im-
pose restrictions and conditions up-
on the enjoyment thereof as may be
reasonably necessary for the pra-
tection of the public interests, in-
cluding the right to revoke and re-
scind the grant hereby made, if at
any time the public interests should
so require.
Sec. 1. As a further consiclera-
tiou of the rights and Privileges
hereby granted, said Stampfer
Building Company, its successors
and assigns, assume any and all
liability for damages to persons or
property which may result from the
construction and/or nraiutenance of
such compressor room, and sa d
Stampfer Builcliug Company,
successors and assigns, at its own
expense, agrees to clefencl any and
all claims or actions, which may be
oracle or brought against the City
because oY the construction and/or
maintenance of such compressor
room, and should the City be re-
quired to pay any sum as damages:
said Stantpfer Building Company:
its successors auel assigns, agree;
to fully reiruburse the City therefor
and to hold said City harmless from
any damages.
Passed, approved and adopted
this Gth clay of December, 1913.
GEO. R. MURPHY,
Mayor.
P. W. THONIPSON,
PRANK VAN DUELNTAN,
W. W. MOFFATT,
ALBERT WHARTON,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
ACCEPTANCE OF RESOLUTION
NO. 123-43
Stampfer Builcliug Company, hav-
ing full knowledge and understand-
ing of all the terms and conditions
of Resolution No. 123-~13, hereby
accepts the same as adopted and
agrees to comply with the terms
and conditions thereof.
Signed this 7th clay of December,
19 X13.
STAMPFER BUILDING
COMPANY,
By Thomas M. Stampfer,
President.
Councilman Van Duehuan moved
the adoption of the resolution. Sec-
onclecl by Councilman Moffatt. Car-
ried by the following vote:
Yeas-Mayor Murphy, Couucil-
meu 1\~Ioffatt, Thompson, Vau Duel-
man. Wharton.
Nays-\TOne.
December G, 19#3.
To the Honorable -Iayor and
City Council, Dubuque, Iowa.
Gentlemen: At the session of the
City Council held November 30,
1913, the comurtulication of County
Auditor Daykin advising that the
Board oL Supervisors hacl accepted
an offer of D. Kringle for the East
25 feet of Lot i and all of Lot S of
14lineral Lot 1.19 was referred to the
Council to view the grotuuls.
The Council viewed the premises
on December 5, 1913, and clecicled to
approve the sale. I recontmeucl that
the clecisiou of the Cotutcil be con-
firniecl and the sale approved by the
adoption of the attached resolution.
ResPectfttily submitted,
A. A. RHOMBERG,
Citv 1\Ianager.
Councilman Vau Duelmau moved
that the reconunenclation of City
1\~Ianager Rhomberg be approved
and the clecisiou of the City Council
confirmed. Seconded by Council-
man Wharton. Carried by the fol-
towin~ vote:
Yeas-Mayor Murphy, Council-
. men Moffatt, Thompson, Vau Duel-
man, Wharton.
Nays-None.
Sec. 5. Should the rights and
privileges herein granted be re-
sciucled or revok_ecl, said Stantpfer
Builcliug Company, its successors
and assigns, at its own etPeuse aucl
upon receipt of notice, agrees, with-
in 30 clays after recept of such no-
tice, to remove the structure here-
in authorized and to restore the al-
ley in as good condition as it was
before said construction.
Sec. G. This Resolution shall be-
come effective and the rights here-
under shall accrue to the Stampfer
Builcliug Company, its successors
and assigns, when this resolution
has been Passed by the City Coun-
cil and accepted by said Stampfer
Building Company which accept-
ance shall be enciorsecl hereon.
R.enular Sessit~n, December 6th, 133 Z23
~esoltation Rlo. 124-43
Whereas, Lot 8 and the East 25
Peet of Lot 7 of the Subdivision of
Mineral Lot 149 in the City of Dtt-
bugne, Dubuque County, Iotiva, were
sold on February 3, 1936, to Du-
buque County, Iowa, by the County
Treasurer of Dubuque County, Iowa,
far the delinquent taxes and unpaid
taxes against the real estate for
the years 1931 to 1934, inclusive;
and
Whereas, the said Dubuque Coun-
ty, Iowa, desires to sell the above
described real estate to Delos S.
Pringle for $200.00; and
Whereas, the sale of said prop-
erty by Dubuque County, Iowa, to
Delos S. Kringle for a stun less than
the total amount stated in the tax
certificate, including all endorse-
ments of subsequent general taxes,
interest and costs, requires the
written approval of a majority of
all the tax levying acct tax certify-
ing bodies having any interest in
said general taxes: Now, There-
fcre,
Be It Resolved by the City Coun-
cil of the City of Dubuque, Iowa,
that the sale of said property io
Delos S. I~ringle for the sum ~f
$200.00 in cash be and the same is
hereby authorized and approved.
Passed, adopted and approved
this 6th day of December, 1943.
CEO. R. MURPHY,
1Vlayor.
F. ~V. THOMPSON,
FRANK_ VAN DUELMAN,
W. W. -IOFPATT,
ALBERT WHARTON,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Wharton moved the
adoption of the resolution. Second-
ed by Counciltalan Thompson. Car-
ried by the follotiving vote:
I eas-Mayor 1Vlurphy, Council-
men Moffatt, Thompson, Van Dttel-
man, Wharton.
Nays-None.
December C, 1943.
To the Honorable Mayor and
City Council, Dubuque, Iowa.
Gentlemen: This is to advise that
I have approved the following pol-
icy and desire to have your ap-
proval on same for filing:
EYCAVATION
Archie Levan, 2239 Central Ave-
mte; Policy No. M&C 26318, The
~Vesteru Casualty & Surety Co.
Respectfiilly submitted,
A. A. RHOMBERG,
City Manager.
Councilman Thompson move d
that the bond be a,pprovecl and
placed ou file. Seconded by Couu-
cilntan Wharton. Carried by the
following vote:
Yeas-Mayor Murphy, Council-
men NloPtatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
€~esolcsilion tVo. 125-®43
Whereas, Applications for Class
"B" Beer Permits have been sub-
mitted to this Council for approval
and the same have been examined:
Now, Therefore,
Be It Resolved by the Council of
the City of Dubuque that the fol-
lowing applications ai'e granted and
the licenses are to be issued upon
compliance with the terms of the
ordinances of this City.
CLASS "B" PERMIT
Name. Address.
John Luber and Auua Luber, 2417
Rhomberg Avenue.
The Page Hotel, 73-75 East
Fourth Street.
Passed, adopted and approved
this 6th day of December, 1943.
GEO. R. MURPHY,
Mayor.
F. W. THOMPSON,
FRANK VAN DUELMAN,
W. W. MOFFATT,
ALBEP~T WHARTON,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Thompson move d
the adoption of the resolution. Sec-
onded by Councilman Wharton.'
Carried by the following vote:
Yeas-IVlayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-:None.
~ieselufion No. 126-43
Whereas, heretofore applicatons
were filed by the within named ap-
plicants for Class "B" Beer Permits
and they have received the appro-
val oP 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
tiie City of Dubuque that the 11Ian-
ager be and he is hereby directed
i:o issue to the fallowing named ap-
plicants aBeer Permit:
CLASS "B" PERMIT
Name. Address.
John Luber a,nd Anna Luber,
?417 Rhomberg Avenue.
The Page Hotel, 73-76 East
fourth Street.
Be It Further ~i.esolved that the
bonds filed by such applicants be
and the same are hereby approved.
22-1 Ise -ular Sessitni, December 6th, 14-1
Passed, adopted and approved
this 6th clay of December, 1943.
GEO. R. MURPHY,
Mayor.
F. ~V. THOMPSON,
FRANK VAN DUELMAN,
TV. W. MOFFATT,
ALBERT WHARTOI\T,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Couuciltitan Thompson moved the
atloPtion of the resolution. Second-
ed by Councilman Wharton. Car-
ried ity the following vote
Yeas-PTayor Murphy, • Council-
men Moffatt, Thompson, Van Duel-
mau, Wharton.
Nays-\TOne.
Resolution iVo. 127-43
tiVhereas, application for Class
"B" Beer Permit has been sub-
mitted to this Council for approval
axul the same has been eaaminecl;
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 ordin-
ances of this City.
CLASS "B" PERMIT FOR
PRIVATE CLUB
i\Tame. Address.
P.Z. Club-Basement, Bank & In-
surance Blclg., Northwest corner 9th
and 1lIain Streets.
Councilman Moffatt moved the
adoption of the resolution. Sec-
ouclecl by Councilman Van Duelmau.
Lost by the following vote:
Yeas -Councilmen Moffatt and
Van Duelmau.
Nays-Mayor i\Iurphy.
Councilmen Thompson and Whar-
ton not voting.
Resolution No. 128-43
Whereas, it is deemed advisable
to acquire certain lands in 1 able
1lIound Township for the purpose of
establishing au airport; and
Whereas, real estate contracts
have been siguecl by the owners and
title holders in which they agi ee to
sell for the amounts stated their
real estate as follows:
John Frederick Bradley and Mary
Bradley, his wife. The N.E. i-t of
the S.E. 1/x, the S.E. 1/4 of the N.E.
?!r, and the N.E. 1/sof the N.E. 1/4,
Section 27 and the N.W. 1/4 of the
N.W. li=x (also known as Lots 1
and 2 of the 1V.W. Y/4 of the N.W.
;~) of Section 26, all in Township
SS North Range 2, East of the 5th
P.lL, Dubuque County, Iowa, for
the sum of $26,000.00.
George Behr and Nettie Belu•, his
wife. The N.W. t/x of the N.E. 1/.t
and the N.E. ?~ of the N.W. 1/.r,
Section 27, Township SS North
Range 2 East of the 5th P.IL,
Dubuque County, Iowa, for the
cunt of $17,750.00.
Frank J. Thomas and NIarg~aret
Thomas, his wife. N.E. 1/~ of Sea
tiou 34, Township SS North Range
2 East of the 5th P.M., Dubuque
County, Iowa, for the sum of
$31,000.00.
John Frederick Bradley and Mary
Bradley, his wife; Melvin L. Brad-
ley and Mary H. Bradley, his
wife; Ruth Ohmert and George
H. Ohmert, her husband; Noble
E. Bradley, widow and un-
married; Roy W. Bradley and
Blanche E. Braclle3>, his wife; Es-
ther L. Bradley, unmarried; Clif-
ford E. Bradley and Isabel F.
Bradley, his wife; and Elmer R.
Bradley and E. Marie Bradley, his
wife. The S.W. 1/~ of the N.W. i/t,
Lot 1 of the S.E. 1/.r of the N.W.
1/t and Lot 2 of the S.W. 1/t, all
in Section 26. and Lot 2 of the
N.E. ?- of the N.W. ;+ of Section
35, Township SS North Range 2
East of the 5th P.M., Dubuque
County, Iowa, for the sum of
$26,000.00; and
Whereas, by contract the said
owners of the above described prop-
erty have agreed to the couclitious
and stipulations of the attaehect
real estate contracts; 1~TOw, There-
fore,
P,e It Resolved by the City Coun-
cil of the City of Dubuque, Iowa,
that the real estate contracts above
referred to be approved; and
Be It Further Resolved that this
resolution and the real estate con-
tracts referred to remain on file in
the office of the City Clerk for pub-
lic inspection for at least one week
before final action is taken thereon.
Approved and orclerecl placed on
file with the City Clerk for public
inspection for at least one week
before final adoption this 6th clay
of December, 1943.
Councilman Van Duelmau moved
that the resolution be approved and
that the resolution together with
the contracts be placed on file with
the City Clerk for public inspection
Yor at least one week before its
final adoption. Secoucled by Coun-
cilman Thompson. Carried by the
following vote:
Yeas-Mayor Murphy, Couucil-
meu Moffatt, Thompson, Van Duel-
mau, Wharton.
Nays-Nmie.
There being no further business,
- _~__
- - - - - --- - - ----- _ T
- - _ ,
' ;
~~ Regular Sessi~nl, December 6th, 1~~3 22S
Councilman Van Duelman moved
to adjourn. Seconded by Council-
man Thompson. Carried by the fol-
lowinb vote:
Yeas-Mayor Murphy, Council-
meu Moffatt, Thompson, Vau Duel-
man, Wharton.
Nays-None.
J. J .SHEA,
City Clerk.
i
Approved .................................1944.
Adopted ....................................1944.
I
I Councilmen: ~ .....................................
i '
Attest: ...._ ..........................................
City Clerk.
i~
I
j
i
' I.
1
1
i
3'
~~~ I
1`,
i
:
1 9
~ ~
.~..___-_--.. Y..~-.._..~__.-. ~... ~.. _. _. __.~..._.~._: i
---
226 Special Session, l~eceml>er 21st, 193
v~
- --
(OfFicial.)
proval of plans and specifications
for the estahlislmient of a Municipal
Airport near the City of Dubuque,
Dubuque County, Iowa, described
as follows:
Special Session, December 21st,
1943.
Council met at 7:30 P. M.
Present-itTayor Murphy, Council-
men i~2offatt, Thompson, Van Du-~1-
man, Wharton, City Manager Rhom-
berg.
l2eeting called by order of Coun-
cilmen Van Duelman anti Moffatt.
Mayor Murphy read the call and
stated that service thereof had been
duly made and that this meeting is
called for the Purpose of receiving
the approval of the Io`va State Com-
merce Commission on the Airport
Site and acting on any other busi-
ness as may properly come before
a regular meeting of the City
Council.
December 20, 1943
APPLICATION OF THE CITI OF
DUBUQUE FOR APPROVAL OF
PLANS Ai~TD SPECIFICATIONS
OF A MUNICIPAL AIRPORT:
CITI: OF DUBUQUE, IOWA
DOCKET M-54,
1VIl•. A. A. Rhornberg,
City 1VIanager, Dubuque, Iowa.
Dear Sir: Enclosed is Order of
the Commission approving the
plans and specifications submitted
in the above entitled case. Please
acknowledge receipt of the Order.
Very truly yours,
GEO. L. McGAUGHAN,
Secretary.
Councilman Wharton moved that
the contu;unication be received and
matte a matter of t'ecorcl. Seeondecl
by Councilman Van Duelman. Car-
rie~l by the following vote:
Yeas-1lIayor i~2urphy, Council-
men Moffatt, Thompson, Vam Duel-
man, Wharton.
Nays-Moue.
BEP'OR.E THE IOWA STATE
COMMERCE COMMISSION.
In the Matter of the ~
Application of the
City of Dubuque,
Iowa, for Approval Docket
O f Plans and No. M-54.
Specifications of a
Municipal Airport.
ORDER.
WHEREAS, the City of Dubuque,
Iowa, by its Maym• George R. Mur-
phy, under the provisions of Chap-
ter 303.1 of the Code of Iowa, 1939,
on December 2, 1943, made applica-
tion to this Commission for ap-
Lancl Description.
The 1tiTortheast quarter (NE~'/~} of
the Northwest quarter (NW'/~), the
Southeast quarter (SEt/r) of the
Northwest quarter (NWt/~), the
ItiTOrtheast quarter (NE1/~), the
Southeast quarter (SE1/.~), Section
T`venty-seven (27), T o w n s h i p
Eighty-eight (8B) North, Range Two
(2) East of the 5th P.M.
The Northwest quarter (NW1/~)
of the Northwest quarter (NW1/~).
the Southwest quarter (SW1/.r) of
the Northwest quarter (NW1/.r), I~ot
one (1) of the Southeast quarter
(SEI/4) of the Northwest quarter
(NWl/.r), Lots one (1) and two (2)
of the Southtivest quarter (SW~/4},
Section Twenty-sis (2G), Township
Eighty-eight (88) North Range two
(2) East of the 5th P.M.
The Northeast quarter (NE1/4) of
Section Thirty-four (34), Township
Eighty-eight (88) North, Range two
(2) East of the 5th P.M.
Lot one (1j of the Northwest
quarter (NW1/~) of the l~TOrthwest
quarter (NW1/4), Lot one (1) of one
(1) and Lot two (2) of the North-
east quarter (NEi/.r) of the North-
west quarter (NWl/~) of Section
Thirty-five (35), Township Eighty-
eight (88), Range Two (2) east of
the 5th P'. NI.
Consisting of a tract of land of
835 acres, snore or less.
Whereas, this Commission after
fall investigation finds that said
plans and specificatimrs conform to
the provisions of law and are in
substantial accord with the regula-
tions of the Civil Aeronautics Auth-
ority relating to airports.
Ee It Resolved that said plans
and specifications are hereby
approved.
IOV>>A STATE COMMERCE
COMMISSION.
CARL 1V. REED,
Chairmen.
B. M. RICHARDSON,
Commissioner.
DAVID B. LONG,
Commissioner.
Attest: GEO. L. McCAUGHAN,
Secretary.
Dated at Des Moines, Iowa, this
20th day of December, 1943.
Councilman Wharton moved that
the order be received and made a
matter of record. Seeondecl by
Councilman Van Duelman. Carried
by the following vote:
Special Session, December 21st, 19=83 227
Feas-Mayor Murphy, Council-
men 14lofiatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
Councilman Wharton moved that
the rules be suspended for the pur-
pose of allowing any one Present in
the Council Chamber, who wishes
to do so, to address the Council.
Seconded by Councilman Moffatt.
Carried by the following vote:
Peas-i\Zayox' Murphy, CollllCll-
men Moffatt, Thompson, Van Duel-
man, Wharton.
i\Tays-None,
llr. Hal F. Reynolds, Attorney,
representing Nh'. C. E. Rhoades, ad-
dressed the Council asking that a
test be made at this time of the
storm sewer constructed in the
yard of Mr. C. E. Rhoades for the
purpose of ascertaining whether the
water that leaks into his basement
is caused from the sewer being sIe-
fective or from surface water.
Conununication of The United
States Conference of Mayors es-
tendl3g an invitation to the mem-
bers of the City Cottncil to attend
the Annual Conference to be held
in Chicago, Ill., ou Jamtary 19-21',
1944, presented and read.
Councilman Wharton moved that
the communication be referred to
the City Council fm' consideration.
Seconded by Councilman Van Duel-
man. Carried by the following vote:
Yeas-Mayor -Iurphy, Couxlcil-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
Petition of Ben McMahon et al.
reclttesting the City to riprap a
washout located at the north end of
1\~Iaple Island anti recondition a road
leading fronx the north end of said
island to the south end of said is-
land, presented and read.
Councilman Van Duelman moved
that the petition be referred to the
City Council to view the grounds.
Seconded by Councilman Mofratt,
Carried by the followlrg vote;
Yeas-Mayor Murphy, Council-
men 11loffatt, Thompson, Van Duel-
man, Wharton.
NTays-None.
Communication of Donald J. Wei-
denbacher, City Fireman, advising
that he has been inducted into the
military service of the United
States of America under the Selec-
tive Service Draft and requesting
a leave of absence as provided for
by Resolution No. 14-41, presented
and read.
Councilman Van Duelman moved
that the request be granted and
made a matter of record. Seconded
by Councilman Wharton. Carried
by the following vote:
Yeas-Mayor Rlurphy, Council-
men llloffatt, Thompson, Vau Duel-
man, Wharton.
Nays-Noce.
Communication of Benjamin J.
O'Leary, City Fireman, advising
that he has been inducted into the
military service of the United
States of America tinder the Selec-
tive Service Draft and requesting
a Ieave of absence as provided for
by Resolution No. 14-41, present-
ed and read.
Councilman Van Duelman moved
that the request be granted and
nxade a matter of record. Seconded
by Councilman Thompson. Carried
by the following vote:
eas-:Mayor Murphy, Council-
men TvIoffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
Annual Report of the Board of
Park Coxnntissionex's for the fiscal
year 1942-4 ;, presented and read.
Councilman Wharton moved that
the t•eport be received and placed
on file. Seconclecl by Councilman
Van Duelman. Carried by the fol-
lowing vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
i Iays-NTOne.
December 10, 1913.
Honorable Mayor and City Council,
City of Dubuque, Iowa.
(fell tlemell:
In re: PETITION OF EMMA
MOSBAUER for suspension of tal-
es on: Davis Farm Add., Lots247~
248, asking that the 1942 tas be
suspended because of age and ill-
uess.
I recommend that said Petition
should be approved by the City
Council of the City of Dttbttque and
that notirication of the recomnnen•
elation of the Petition of P:nuna
itloshauer be given to the Board of
Supervisors of Dubuque Cotmty,
Iowa.
Y OLiP5 tPttly,
sOHN 3. IiINTTZINGER.
Councilman S%an Duelman moved
that the recommendation of City
Solicitor I~ixttzinaer be approved
aucl the Boarcl of Supervisors Io
he notified of Council action. Sec-
onded by Councilman Thompson.
Carried by the following vote:
Yeas-11layor Murphy, Council-
men P/offatt, Thompson, Van Duel-
xuan, Wharton.
Nays-None.
December 10, 1943.
To the Honorable Mayor and
City Council, Dubuque, Iowa.
Gentlemen • I herewith submit
the reports •of the City Auditor,
City Treastu'er, City Health Depart-
~_
22~; Special Session, December 21st, 193
meat and City tiVater tiVorks, also
a list of claims aucl payrolls for
which warrants were drawn during
the month of November, 1943.
Respectfully submitted,
A. A. RHOMBERG,
City Manager.
Cottncilntau Thompson m o v e cl
that the reports be received and
placed cn file. Secoudecl by Coun-
cilman Moffatt. Carried by the
following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man. Wharton.
Nays-None.
December 21, 1943.
To the Honorable Mayor and
City Council, Dubuque, Iowa.
Gentlemen: The Purchase of land
for the airport and the removal of
several obstructions adjacent to the
site will require the issuance of
$130,000.00 of airport bonds.
To accomplish this Purpose, I
recommend that the City Council
acloptthe necessary proceedings for
the sale of bonds with the follow-
ing maturities:
$15,000.00 due 1 year from date of
19SUe.
$15,000.00 clue 2 years from elate of
issue.
$15,000.00 due 3 Years fi'om date of
issue.
$19.000.00 clue 4 years from date of
issue.
$19.000.00 due 5 years from date of
issue.
$19,000.00 due 6 years froth date of
issue.
$19,000.00 due 7 years frmu date of
issue.
In this manner, the entire issue
will be redeemed in seven years.
Respectfully submitted,
A. A. RHOMBERG,
City Manager.
Councilman Van Duelman moved
that the recommendation of City
Manager Rhomberg be approved.
Secoudecl by Councilman Wharton.
Carried by the following vote:
Yeas-Mayor Murphy, Cotancil-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
December 21, 1943
'Po the Honorable Mayor and
City Council, Dubuque, Iowa.
Gentlemen: The death of Frank
G. Braconier has created the va-
cancy of master plumber on the
Board of Examiners, Ordinance No.
7-33 Provides that the City Manager
shall appoint the members of the
Boarcl with the approval of the City
Council. It further provides that in
the event of a vacancy prior to the
expiration of the term of office,
the City Manager shall recommeucl
to the City Council a competent per-
son to fill such vacancy.
I recommeucl that George L. Mc-
Carter be appointed to fill the va-
cancy. Attached is the recoumnenda-
tion of the Dubuque Master Plumb-
ex•s Association in this connection.
Respectfully submitted,
A, A. RHOMBERG,
City Manager.
Councilman Thompson moved
that the recommendation of City
Manager Rhomberg be approved
anct that George L. McCarter be
appointed to fill the vacancy of
master plumber on the Boarcl of Ex-
aminers caused by the death of
Frank C. Braconier. Seconded by
Councilman Moffatt. Carried by the
following vote
Yeas-Mayor Murphy, Council-
man Moffatt, Thompson, Van Duel-
man, Wharton.
Nays--None.
Ordinance No. 12-43. An Ordi-
nance amending Ordinance No. 10
-37, exxtitled "Traffic Code of the
City of Dubuque" as amended Uy
Ordinance No. 1-39, by repealing
certain provisions thereof, anci en-
acting certain provisions in lfen
thereof regulating the use of ve-
hicles upon the streets and high-
ways of the City of Dubuque, and
lay x•epealing all Ordinances or parts
thereof in conflict herewith, pre-
sented and read.
Councilman Thompson m o v e cl
that the reading just pact be con-
sidered the first reading of the Or-
dinance. Seconclecl by Councilman
Van Duelman. Carried by the foi-
lo~ving vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
Councilman Thompson m o v e cl
that the rules be suspenclecl requir-
ing an ordinance to be read on three
separate clays. Seconclecl by Coun-
cilman Van Duelman. Carried by
the following vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, tiVharton.
Nays-None.
The Ordinance was then read a
second time.
Councilman Thompson move d
that the reacting just had be con-
sidered the second reading of the
Ordinance. Seconded by Council-
nxan iVIoffatt. Carried by the follow-
ing vote:
Yeas-Mayor Murphy, Council-
men Moffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
Councilman Thompson move d
that the Orcliuance be placed on
;pedal Session, December ~lst, 1~~3
file with the City Clerk for public
inspection for at least one week be-
fore its final adoption. Seconded by
Councilman Moffatt. Carried by the
following vote:
Yeas-Mayor Murphy, Council-
men 1Vloffatt, Thompson, Van Duel-
man, Wharton.
Nays-None.
Resolution No. 129-43
Be It Resolved by the City Coun-
cil of the City of Dubuque that the
following, having complied with the
provisions of law relating to the
sale of cigarettes within the City of
Dubuque, be granted a permit to
seal cigarettes and cigarette papers
within said City and the Manager
is directe 1 to issue such permit on
behalf of said City.
1Vauze. Address.
Joseph J. Machinek, 3165 Central
Avenue. (To be effective January 1,
1944).
Be It Further Resolved that the
bond filed with the application be
approved.
Passed, adopted and approved
this 21st day of December, 1943.
GEO. R. MURPHY,
Mayor.
F. W. THOMPSON,
FRANK VAN DUELMAIV,
«~. W. MOFFATT,
ALBERT WHARTON,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Thompson m o v e cl
the adoption of the resolution. Sec-
onded by Councilman Moffatt. Car-
ried by the following vote:
Yeas-Mayor Murphy, Council-
men 1VIoffatt, Thompson, Vata Duel-
man, Wharton.
Nays-None.
Resa~;ution No. 128-43
Whereas, it is deemed advisable
to acquire certain lands in Table
Mound Township for the purpose of
establishing au airpm~t; and
Whereas, real estate contracts
have been signed by the owners and
title holders in which they agree to
sell for the amounts stated their
real estate as follows:
John Frederick Bradley and NTary
Bradley, his wife. The N.E, 1/~ of
the S.E. i/.r°, the S.E. 1/~ of the
N.E. ',%, and the N.E. 1/~ of the
N.E.Y/.r, Section 27, and the N.W.
;} of the N.W. 1/4 (also known as
Lots 1 and 2 of the N.W. 1/~ of the
N.W. i/.r) of Section 26, all in
Township 88 North Range 2, East
cf the 5tii ~.M., Dubuque County,
Iowa, for the sum of $26,000.00.
22)
George Behr aucl Nettie Behr, his
wife. The N.W. 1/.~ of the N.E. 1/~
and the N.E. ;~ of the N.W. 1/.~,
Section 27, Township 88 North
Range 2, East of the 5th P.M.,
Dubuque County, Iowa, for the
sum of $17,750.00.
Frank J. Thomas and Margaret
Thomas, his wife. \T.E. '/~ of Sec-
tion 34, Township 88 North Range
2, L+'ast of the 5th P.llt., Dubuque
County, Iowa, for the sum of
$31,000.00.
John Frederick Bradley and Mary
Bradley, his wife; Melvin L. Brad-
ley and Mary H. Bradley, his
wife; Ruth Ohmert and George
H. Ohmert, her husband; Noble
E. Bradley, widow and un-
married; Roy V~. Bradley and
Blanche E. Bradley, his wife; Es-
ther L. Bradley, unmarried; Clif-
ford E. Bradley and Isabel F.
Bradley, his wife; and Elmer R.
Bradley aucl E. Marie Bradley,
his wife.
The S.~jr. 1/~ of the N.W. 1/4, Lot
1 of the S.E. 1/.r of the N.W. '/r
and Lot 2 of the S.W. i/~, all in
Section 20, and Lot 2 of the N.E.
Y/4 of the N.W. 1/~ oY Section 35,
Township S8 North Range 2 East
of the 5th P.M., Dubuque County,
Iowa, for the sum of $26,000.00;
and
Whereas, by contract the said
o`vners of the above clescribecl prop-
erty have agreed to the conditions
and stipulations of the att~~checl
real estate contracts; Now, There-
fore,
Be It Resolved by the City Coun-
cil of the City of Dubuque, Iowa,
that the real estate contracts above
referred to be approved; and
Be It Further P~esolved that this
resolution and the real estate con-
tracts referred to remain on file in
the office of the City Clerk for pub-
lic inspection for at least one week
before final action is taken there-
on.
Approved and order°ed placed on
file with the City ,Clerk for public
inspection for at least one week be-
fore final adoption this 6th day of
December, 1943.
Passed, adopted and approved
this 21st clay of December, 1943.
GEO. R. MURPHY,
Mayor.
F. W. THOMPSON,
FRANK VAN DUELMAN,
W. W. MOFFATT,
ALBERT WHARTON,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
,>
2;n Si~ecial ,essi~nr, 1?eceml~er 21sf9 19~-.
Councilman Van Duelman moved
the adoption of the resolution. Sec- t
oncled by Councilman Moffatt. Car- i
tied by the following vote:
Yeas 11~Iayor Murphy, Council- r
men Aloffatt, Thompson, Van Dual-
nran, ti~charton. 1
Nays-None.
REAL ESTATE CONTRACT.
This Agreement oracle this 27th
day of October, 1943, by and be-
tween John Frederick Bradley and
Matt' Bradley, his wife, of Dubuque
County, Iowa, first Parties, and the
City of Dubuque, second Party,
~Vitnesseth: The first Patties. in
consideration of the agreements
herein oracle by the second party
and to be performed by it, hereby
agrees to sell and convey unto the
second Patty the following de-
scribed real estate, to-wit:
The NE'-/t of the SE'1/t, the SE1/4
of the NEt/t, and the h'E?a of the
NE? ~, Section 27, and the NtiV'/.~
of the NWriy (also known as Lots
1 and 2 of the NWl/.t of the \TW
3!r) of Sectian 26, all in Township
5S North Range 2, East of the 5th
P.1VL, Dubuque County, Iowa,
Ccutaining in all 160 acres, more or
less, for the sum of X26,000.00; first
parties are to retain ownership of
machine shed, chicken house, brood-
er house, stave silo, electric wire
fence with battery, the loose un-
used steel and ~vooclen fence Posts,
anti the hot water tank by the
kitchen stove in the kitchen, and
the first parties are given the Priv-
ilege of removing said property
from said Premises, and first Pat-
ties are given the right to cut and
use the necessary fire wood for
heating and cooking by them in
their home on the premises doting'
the winter of 1943-1944 and the
privilege of storing feed on the
premises where it will not inter-
fere with the airport development
until it can be reasonably removed
therefi'om. X1,000.00 paid in cash
on this date. receipt of which is
hereby acknowledged and the bal-
ance of X25,000,00 is to be paid up-
on delivery to second Patty by first
parties of a good anti sufficient Ab-
stract of Title showing the title to
be good and ma.rketftble, anti cte-
Iivery of a good and sufficient War-
ranty Deecl of said premises, con-
veying the title with the usual cov-
enants of warranty. The Abstract
of Title is to be delivered forth-
with to the Abeln Abstract Co. for
continuation; and the execution of
the cleecl anti any and all other docu-
ments hereinbefore referred to, to
be clone as soon as possible.
Possession of all or any part of
he premises South of the highway
s to be given by first parties on
or after January 1, 1944, when cle-
nancled bysecond party or the
Civil Aeronautics Aclmiuistration,
whether the terms of this contract
lave been fully completed or not,
so that work ou the airport may be
commenced as soon as the C.A.A.
requests. In the event no demand
for possession is made Prior to
March 1, 1944, first parties agree to
vchuitarily surreucler Possession to
second party on March 1, 1944, pro-
viciing the terms of the contract
have been fully met and complied
with by second party.
This contract is made subject to
the approval of the City Council of
the City of Dubuque, Iowa.
JOHN FREDERICK BRADLEY,
MARY BRADLEY,
First Parties.
CITY OF DUBUQUE, IOWA.
By GEO. R. MURPHY,
Mayor.
A. A. RHOMBERG,
Manager.
Second Party.
State of Iowa ~ SS
Dubuque Ccunty
On this 27th day of October, A.
D., 1943, before me Geraldine L.
Demkier, a Notary Public in and
for the County of Dubuque, State of
Iowa, personally appeared John
Frederick Bradley and 1\Iary Brad-
ley, his wife, to me lniown to ba
the identical persons named in and
who executed the foregoing instru-
ment, and acknowledged that they
eec;utecl the same as their volun-
tary act and deed.
In Witness Whereof, I have here-
unto signed my name and afh~ecl
my Notarial Seal the day and year
last above written.
GERALDINE L. DEMKIER,
Notary Public in and for
Dubuque County, Iowa.
(Potarial Seal).
l~~RL ~3`1'~1°f8a GON`fR/aCf
This agreement made this 25th
day of October', 1943, by and be-
tween George Behr anti Nettie
Behr, his wife, of Dubuque County,
Iowa, first patties and the City of
Dubuque, second party.
WITNESSETH: The first parties,
in consideration of the agreements
herein oracle by second party anti to
be performed by it, hereby agrees
to sell and convey unto the second
_~~ ,
--
-. i
,hecial Session, l~ecemher 21st, 194
2J1
party the following described rea]
estate, to wit:
The NWl/~ of the NEt/4 and the
NEi/~ of the NW1/.~, Section 27,
Township SS North Range 2 East
of the 5th P. M., Dubuque County,
Iowa
containing SO acres, more or less,
for the sum of $1'7,750.00, $1,000 paid
in cash on this date, receipt of
which is hereby aclatowledged and
the balance of $16,750.00 is to he
paid upon delivery to second party
by first parties of a good and suf-
ficient Abstract of Title showing
the title to be g'oocl and market-
able, and delivery of a good and
sufficient Warranty Deed of said
premises, conveying the title with
the usual covenants of warranty.
The Abstract of Title is to be de-
livered forthwith to the Abeln Ab-
starct Co. for continuation; and the
execution of the deed and any and
all other documents hereinbefore
referred to, to be clone as soon as
possible.
Possession of said premises os'
any part thereof is to be given by
first parties when demanded by sec-
ond party, or the Civil Aeronautics
Aclmiuistration whether the terms
of this contract have been fully
completed or not, so that work on
the airport may be commenced as
soon as the C.A.A. demands. In the
event no clentancl for possession is
micle prior to March 1, 1944, first
parties agree to voluntarily surren-
der possession to second party on
March 1, 1944, providing the terms
of the contract have been fully met
and complied with by second party.
This contract is made subject to
the approval of the City Council of
the City of Dubuque, Iowa.
GEORGE BEHR.
NETTIE BEHR.
First Parties.
CITY OF DUBUQUE, IOWA
By GEO. R. MURPHY,
Mayor.
A. A. RHOMBERG,
Manager.
Second Party.
State of Iowa Z SS
Dubuque County f
On this 25th clay of October, A. D.,
1943, before me, John J. Shea, a
Notary Public iu and for the County
of Dubuque, State of Iowa, person-
ally appeared George Behr and Net-
tie Behr, his wife, to me known
to be the identical persons named
in and who executed the foregoing
instrument and acknowledged that
they executed the same as their
voluntary act and deed.
In Witness Whereof, I have here-
unto signed my name anti affixed
my Notarial Seal the clay and year
last above written.
JOHN J. SHEA,
Notary Public in anti for
Dubuque County, Iowa,.
(Notarial Seal)
REAL ESl"Al°E C®IV i RACT
This agreement made this 2Gth
clay of October, 1943, by and be-
tween Frank J. Thomas and Mar-
garet Thomas, his wife, of Dubuque
County, Iowa, first parties, anti the
City of Dubuque, second party.
Witnesseth: The first parties, in
consideration of the agreements
herein treacle by the second party
and to lie performed by it, hereby
agrees to sell anti convey unto the
second Party the following describ-
ed real estate, to-wit:
NE1/,t of Section 34, Township
SS North Range 2 East of the 5th
F. M., Dubuque County, Iowa
for the sum of $31,000.00, first par-
ties are to retain ownership of the
electric light plant with engine and
two water Dumps now located in
the basement of the house, and also
of all the buildings on the prem-
ises excepting the house anti hare,
and first parties are given the priv-
ilege to remove said property from
said premises. $1,000.00 in cash is
paid at the elate hereof, receipt of
which is hereby acknowleclgecl anti
the balance of $30,000.00 is to be
paid upon delivery to second party
by first parties of a good and suf-
ficient Abstract of Title showing
the title to be good and market-
able, anti delivery of a good and suf-
ficient Warranty Deecl of said prem-
ises, conveying the title with the
usual covenants of warranty. The
Abstract of Title is to be delivered
forthwith to the Abehi Abstract Co.
fo rcoutinuation, anti the execution
of the deed anti any anti all other
documents hereinbefore referred to,
to be clone as soon as possible.
Possession of sa,icl premises or
any part thereof is to be given by
first parties when clemancled by sec-
ond party or the Civil Aeronautics
Administration whether the terms
of this contract have been fully
completed or not, so that work on
the airport may be commenced as
soon as the C.A.A. demands. In the
event no demand for possession is
made prior to March 1, 1944, first
parties agree to voluntarily surren-
der possession to second party on
March 1, 1944, providing the terms
of the contract have been fully met
anti complied with by second party.
2,;7 S,~ecial Sessi~_~n, llecen~ber 21st, 1943
This contract is oracle subject to
the approval of the City Counci to
the City of Dubuque, Iowa.
FRANK J. THOMAS,
112AP~GARET THOllIAS,
First Parties.
CITI' OF DUBUQUE, IOWA
By GEO. R. MURPHY,
Mayor.
A. A. RHONIBERG,
Manager.
Second Party.
State of Iowa ~ SS
Dubuque County
On this 26th day of October, A. D.,
1943, before me, John J. Kintzinger,
a Notary Public in acct for the
County of Dubuque, State of Iowa,
personally appeared Frank J. Thom-
as and Margaret Thomas, his wife,
to me known to be the identical
persons named in anti who executed
the foregoing instrument, and ack-
nowledged that they executed the
same as their voluntary act and
deed.
In Witness Whereof, I have here-
unto signed my name anti affixed
my Notarial Seal the day anti year
last above written.
JOHN J. KINTZINGER,
Notary Public in and for
Dubuque County, Iowa.
(Notarial Seal)
REAL ESTATE CONTRACT
This agreement trade this 29th
clay of November, 1943, by and be-
tween John Frederick Bradley and
Mary Bradley, his wife; Melvin L.
Bradley anti Mary H. Bradley, his
wife; Ruth Ohmert and George H.
Olunert, her husband; Noble E.
Bradley, wiclo~v and unmarried;
Roy W. Bradley and Bla}~che E.
Bradley, his wife; Esther L. Brad-
ley, unmarried; Clifford E. Bradley
and Isabel F. Bradley, his tivife;
and Elmer R. Bradley anti E. Marie
Bradley, his wife, of Dubuque Coun-
ty, Iowa first parties and the City
of Dubuque, second party.
Witnesseth: The first Parties, in
consideration of the agreements
herein matte by the second party,
anti to be performed by it, hereby
agrees to sell and convey unto the
second party all of the real estate
shown on the attached plat outlin-
ed in red color, consisting of ap-
proximately 200 acres in Section 26
anti 35 of Township 8S North Range
2 East of the 5th P. M. (this land
is to be platted so Proper descrip-
tion may be later given) for the
sum of $26,000.00, first parties are
to retain ownership and the right
to remove from the Premises the
silo and barn and the electric wire
fence and battery thereon, $1,000.00
paid in cash on this elate, receipt
oP which is hereby acknowledged
and the balance of $26,000.00 is to
be paid upon delivery to second Par-
ty by first parties of a good and
sufficient abstract of title showing
the title to be good and marketable
and of a good and sufficient War-
ranty Deed of said premises, con-
veying the title with the usual cov-
enants of warranty. The Abstract of
Title is to be delivered forthwith
to the Abeln Abstract Co. for con-
tirtanation, and the execution of the
cleecl anct any and all other docu-
ments hereinbefore referred to, to
be clone as soon as possible.
Possession of said premises or
any part thereof is to be given by
first parties on or after January 1,
1944 when clemancteci by seeoncl
party or the Civil Aeronautics Ad-
ministration whether the terms of
this contract have been fully com-
pleted or not, so that work on the
airport may be commenced as soon
as the C. A. A. demands. In the
event no dentancl for possession is
made Prior, to Niarch 1, 1944, first
parties agree to voluntarily surren-
der possession to second party on
March 1, 1944, providing the terms
of the contract have been fully met
anti complied tivith by second party.
This contract is trade subject to
~ the approval of the City Council
of the City of Dubuque, Iowa.
JOHN FREDERICK BRADLEY,
MELVIN L. BRADLEY,
RUTH OHMERT,
MARY BRADLEY,
MARY H. BRADLEY
GEORGE H. OHMERT,
NOBLE E. BRADLEY,
ROY W. BRADLEY,
CLIFFORD E. BRADLEY,
ELMER R. BRADLEY,
ESTHER L. BRADLEY,
BLANCHE E. BRADLEY,
ISABEL F. BRADLEY,
E. ?MARIE BRADLEY,
First Parties.
CITY OF DUBUQUE
By GEO. R. MURPHY,
Mayor.
A. A. RHOMBERG,
Manager.
Second Party.
State of Washington, l SS
King Cotmty f
On this 29th clay of November,
A. D., 1943, before me, a Notary
Public in and for Ding County,
Washington, personally appeared.
Esther Bradley to me known to be
the identical person named in and
who executed the foregoing instru-
,~-;;
Special Session, December 21st, 1943
233
meat and acl~iowledged that she
executed the same as her volun-
tary act and deed.
W. A. MILLIGAN,
Notary Public in anti for
Ding County, Washiug'ton.
(Seal]
State of Iowa ~ SS
Dubuque County
On this end day of December,
A. D., 1943, before me, Jessie Ruff,
a Notary Public in anti for Dubuque
County, Iowa, personally appeared
John Frederick Bradley, Mary
Bradley, Melvin L. Bradley, Mary
H. Bradley, Ruth Ohmert anti
George H. Ohmert, Noble E. Brad
ley, Roy W. Bradley, Blanche E.
Bradley, Clifford E. Bradley, Isabel
F. Bradley, Elmer R. Bradley anti
E. -Tarie Bradley to me known to
be the persons named iu anti who
executed the foregoing instrument
and acknowledge that they execut-
ed the same as their voluntary act
and deed.
JESSIE RUFF,
Notary Public in anti for
Dubuque County, Iowa.
(Sean
December 21, 1943.
To the Honorable Mayor
and City Council,
Dubuque, Iowa,
Gentlemen:
The Planning anti Zoning Com-
mission met on December 10, 1943
to consider the petition of the Du-
buque Packing Co. requesting the
vacation of a number of streets anti
alley easterly of Sycamore Street
referred by the City Council on De-
cember 6th. As this petition and one
of E. E. Frith Co. asking the vaca-
tion oY certain streets adjacent to
their property at 18th and Syca-
more Streets has possible conflicts,
it was decided to consider them to-
gether.
Since no map of the latest plans
of the Dock Conunission in Lake
Peosta area had been filed, it was
not possible to judge how the pro-
posed changes, especially those of
the Dubuque Packing Company
conformed to such plans.
At a joint meeting of the Plan-
ning anti Zoning Commission with
representatives of the Dock Com-
mission on December 21st, it was
decided that the Master Plan of the
City of Dubuque requires alteration
with respect to the location of the
proposed channel and the proposed
street adjacent to it.
The Planning and Zoning Com-
mission respectfully recommend to
the City Council that the ?tTaster
Plau of the City of Dubuque be
amended to provide for the reloca-
tion of the proposed Peosta Channel
and the proposed Channel Street in
accordance with the attached plat
and the City Council is requested
to approve the said plan as amend-
ed.
Respectfully submitted,
R. V. McKAY, Secretary,
Planning' and Zoning Commission.
Councilman Van Duelman moved
that the recouuneuclation of the
Planning anti Zoning Couuuission
be approved and the City Solicitor
to be instructed to prepare the prop-
er proceeding's. Seconclecl by Coun-
cilman Thompson. Carried by the
following' vote:
~'eas-Mayor Murphy, Council-
men Moffatt, Thompson, Vau Duel-
man, Wharton.
Nays-None.
There being no further business
Councilman Thompson moved to
adjourn. Seconded by Councilman
Vau Duelman. 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 ..............................1944.
Adopted ._ .................................1944.
A `.test : ................................................
City Clerk.