1942 February Council Proceedings""~~~w .~
I ..
12egular Session, February 2nd, 1942 19
(Officizl)
Regular session, February 2nd,
1942.
Council met at 7:55 p. m.
Present-Mai=or Van Duelman,
Councilmen Murphy, Schueller,
Thompson, Wharton, City Manager
Rhomberg.
Mayor Van Duelman stated that
this is the regular monthly meet-
ing of the City Council for the pur-
pose of acting upon such business
as may properly come before the
meeting.
Petition of the Building aucl Com-
~mou Laborers of Local 659 request-
ing permission to use the grounds
west of the Municipal Athletic Field
on East 4th Street for the purpose
of promoting a carnival cluriug the
month of May, presented and read.
Councilman Murphy moved that the
request be granted and that the
Building and Conunon Laborers Lo-
cal 659 be notified to furnish the
City Manager with the information
as to the dates for the holding of
their carnival. Seconded by Coun-
cilman Thompson. Carried by the
following vote:
Yeas-Mayor Van Duelman, Coun-
cilmen Murphy, Schueller, Thomp-
son, Wharton.
Nays-None.
Petition of Roy Brammer et al re-
questing that the property abutting
Mt. Pleasant Avenue and extending
from University Avenue Multiple
Residence District on the south to
Loras Boulevard on the north be
rezoned from single-dwelling resi-
dential buildings to two-family
buildings presented and read. Coun-
cilman Wharton moved that the pe-
tition be referred to the Planning
and Zoning Commission for their
recommendation and report. Sec-
onded by Councilman Murphy, Car-
ried by the following vote:
Yeas-Mayor Van Duelman, Coun-
cilmen Murphy, Schueller, Thomp-
son, Wharton,
Nays-None.
Petition of F. H. Lenstra request-
ing- a refund on both his cigarette
permit and beer permit as he has
sold his place known as the Rex
Tavern, presented and read, Coun-
cilman Schueller moved that the
request be granted and that the City
Auditor be instructed to draw a
warrant in the amount of $25.00 in
favor of F. H. Lenstra to cover the
amount of refund granted ou the
unexpired portion of his cigarette
permit and also to draw a warrant
in the amount of $100.00 in favor
of F. H. Lenstra to cover the amount
of refund granted on the unexpired
portion of his beer permit. Second-
ed by Councilman Thompson. Car-
ried by the following vote:
Yeas-Mayor Van Duelman, Coun-
cilmen Murphy, Schueller, Thomp-
son, Wharton.
Nays-None.
Petition of Joseph W. and Vir-
ginia Hasten requesting a refund
in the amount of $25.00 on cigarette
permit No. 174 and also a refund of
$150.00 on beer permit No. 133 as
they have discontinued business at
305 Eighth Avenue, presented and
read. Councilman Schueller mov-
ed that the request be granted and
that the City Auditor be instructed
to draw a warrant in the amount of
$25.00 in favor of Joseph W, and
Virginia Hanteu to cover the
amount of refund granted on the
unexpired portion of cigarette per-
mit No. 174 and also to draw a war-
rant in the amount of $150.00 in fa-
vor of Joseph W, and Virginia Has-
ten to cover the amount of refund
granted on the unexpired portion of
beer permit No. 133. Seconded by
Councilman Thompson. Carried by
the following vote:
Yeas-Mayor Van Duelman, Coun-
cilmen Murphy, Schueller, Thomp-
son, Wharton.
Nays-None.
Petition of Friedman Insurance
Agency requesting release of the
beer bond of Joseph W. and Virginia
Hasten as they have discontinued
business at 305 Eighth Avenue, pre-
sented and read. Councihuan Mur-
phy moved that the request be
granted and that the Friedman In-
surance Agency be notified that the
bond is no longer in effect. Second-
ed by Councilman Schueller. Car-
ried by the following vote:
Yeas-Mayor Van Duelman, Coun-
cilmen Murphy, Schueller, Thomp-
son, Wharton.
Nays-None.
Councilman Murphy 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 Wharton.
Carried by the following vote:
Yeas-Mayor Van Duelman, Coun-
cilmen Murphy, Schueller, Thomp-
son, Wharton.
Nays-None.
Mr. James F. Lee addressed the
Council stating that the contract
for the construction of a sanitary
sewer in Fremont Avenue and Wart-
burg Place has been completed with
the exception of placing back the
- -
sod anti some cement work aucl re-
questing that the wort: be accepted.
Mr. Lee was informed that the
Council would accept the work upon
the filing of waivers by the property
owners subject to assessment for
this sewer.
Be It Resolved, By the City Coun-
cil of the City of Dubuque that the
following, having complied with the
provisions of law relating to the
sale of cigarettes within the City
of Dubuque, be granted a Permit
to sell cigarettes and cigarette pa-
pers within said City and the Man-
ager is directed to issue such per-
mit on behalf of said City.
Callahan Carr, 305 Eighth Avenue.
William E. Briggs, 127 West
Sixth Street.
Be It Further Resolved, That the
bonds filed with the applications be
approved.
Passed, adopted and approved this
2nd day of February, 1942.
FRANK VAN DUELMAN,
Mayor.
F. W. THOMPSON,
ALBERT WHARTON,
B. A. SCHUELLER,
GEO. R. MURPHY,
Councilmen.
Councilman Murphy moved the
adoption of the resolution. Second-
ed by Councilman Schueller. Car•
Tied by the following vote:
Yeas-Mayor Van Duelman, Coun•
cilmeu Murphy, Schueller, Thomp
son, Wharton.
Whereas, applications for Clas.
"B" Beer Permits have been sub
witted to this Council for approva
and the same have been examined,
Now, Therefore,
Be It Resolved by the Council o
the City of Dubuque that the fol
lowing applications be anti the saui~
are hereby apProvecl and it is or
tiered that the Premises to be occu
pied by such applicants shall b
forthwith inspected.
Callahan Carr, 305 Eighth AvE
nue; Lottis Authoine and Ag'nell
Anthoiue, 119 West 6th Street
Charles J. Healey and Alice Healed
2600 Central Avenue; `Villiam E
Briggs, 127 Nest Sixth Street.
Passed, adopted anti approved
iris 2ncl day of February, 1912.
FRANK VA\T DUELMAN,
Mayor.
F. ~V. THOMPSON,
ALBERT WHARTON,
B. A. SCHUELLER,
GEO. R. MURPHY,
Councilmen.
SHEA,
City Clerk.
Councilman Wharton moved the
adoption of the resolution. Second-
~cl by Councilman Thompson. Car-
•ied by the following vote:
Yeas-Mayor Van Duelman, Coun-
;ilmen Murphy, Schueller, Thontp-
>on, Wharton.
Nays-None.
Resolution No. 10-42
Whereas, heretofm•e applications
were filed by the within named ap-
plicants for Class "B" Beer Per-
mits and they have received the ap-
proval of this Council;
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
Callahan Carr, 305 Eighth Ave-
nue; Louis Authoine and Agnella
Authoine, 119 tiVest 6th Street;
Charles J. Healey and Alice Healey,
2600 Central Avenue; William E.
Briggs, 127 West Sixth Street.
Be It Further Resolved that the
bonds filed by such applicants be
and the same are hereby approved.
Passed, adopted and approved
this 2nd day of February, 1942.
FRANK VAN DUELMAN,
Mayor.
F. W. THOMPSON,
ALBERT WHARTON,
B. A. SCHUELLER,
GEO. R. MURPHY,
Councilmen.
Councilntau Wharton moved the
adoption of the resolution. Secoud-
ecl by Councilman Thompson. Car-
ried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Murphy, Schueller,
Thompson, ~T'harton.
Nays-None.
There being' no further business,
Councilman Wharton moved to ad-
journ. Secoucled by Councilman
Schueller. Carried by the following
vote:
Regular Sessirn~, February 2nd, 19~~ 'L1
Teas-iVTayor Van Duelman, Coun-
cilmen Murphy, Schueller, Thomp-
son, Wharton.
Nays-None.
J. J. SHEA,
City Clerk.
Approved ......................................1942.
Adopted ........................................1942.
Councilmen: ~ ......................................
Attest : ................................................
City Clerk.
(Official.)
Special Session, February 13,
1942.
Council met at 7:35 P. 1VI.
Present-Mayor Vau Duelman,
Councilmeti Murphy, Schueller,
Thompson, Wharton, City Manager
Rhomberg.
Meeting called by order of Coun-
cilmen Thompson and Wharton.
Mayor Vau Duelman read the call
and stated that service thereof had
been duly made and that this meet-
ing is called for the purpose of con-
sidering the recommendation of City
Manager Rhomberg with reference
to the construction of a six (6) inch
vitrified the sanitary sewer in Fre-
mont Avenue northeasterly fro m
the present manhole in Coates
Street to Lot 2 of 4 of Fremont Ave-
nue Subdivision and southerly to
Wartburg Place, and in Wartburg
Place southerly from Fremont Ave-
nue to Lot 1 of 1 of 2 of Mineral
Lot 139, and acting on any other
business as may properly come be-
fore aregular meeting of the City
Council.
Dubuque.
December 19th, 1941.
Hon. Itlayor and City Council.
Gentlemen: The undersigned pro-
perty owners on Fremont Avenue
and ti~'artburg Place, affected by the
assessment for the building of the
sanitary sewer in said streets, in
order to permit the immediate use
of said sewer, hereby waive any and
all objection to the acceptance of
the contract on the completion of
the sewer proper.
Respectfully,
Henrietta Coates Iiiesel.
Russel J. I<'Iulgrew,
The Archdiocese of Dubuque,
Per D. V. Foley, Secy.
Frank M. Kelly.
Eleanor Burch Jackson.
Albert Bolte.
A. E. Loetscher.
Clem McGuire.
Sadie G. Mehlhon.
Dorothy H. Burch.
Wartburg Theological Seminary,
By J. Bodeusieck, Pres.
Councilman Murphy moved that
the Waiver be received and oracle
a matter of record. Seconded by
Councilman Schueller. Carried by
the following vote:
Teas-Mayor Van Duelman, Coun-
cilman Murphy, Schueller, Thomp-
son, Wharton.
Nays-1Vone.
To the 11layor, Manager and City
Council of Dubuque:
f ." f
' i
~;
"i
g
3
i hereby waive objection to ac-
ceptance of contract for sanitary
sewer on Fremont Avenue, as af-
fecting my property, in order to per-
mit immediate use of sewer and in
contemplation of ultimate comple-
tion of the items replacing sodding
and cement walk and driveway, re-
serving my right to claim that in-
stead of patchwork being done as to
cement work these places be re-
paired by putting in complete
squares or slabs.
Birdeva B. Heisey,
By R. P. Roedell, Her Atty.
Councilman Murphy moved that
the waiver be received and made a
matter of record. Seconded by
Councilman Schueller. Carried by
the following vote:
Yeas-Mayor Van Duelman, Coun-
cilmen Murphy, Schueller, Thomp-
son, Wharton.
Nays-None.
Dubuque.
January 31st, 1942.
Hon. Mayor and City Council:
Gentlemen: I hereby waive ob-
jection to the acceptance of the
Contract for the Sanitary Sewer in
Wartburg Place, as affecting my
property, in order to permit the im-
mediate use of the sewer and in
contemplation of the ultimate com-
pletion of the item of replacing sod-
ding in proper season as provided
in the contract, and in order that an
assessment may be levied; it is
understood, however, and I reserve
the right in signing this waiver, to
appeal and object if necessary any
assessment against my Property not
in conformity with an equitable and
reasonable amount, in considera-
tion of the benefits obtained.
Respectfully,
G. H. Ohmert,
380 Wartburg Place.
Councilman Murphy moved that
the waiver be received and placed
on file. Seconded by Councilman
Schueller. Carried by the following
vote:
Yeas-Mayor Van Duelman, Coun-
cilmen Murphy, Schueller, Thomp-
son, Wharton.
Nays-None.
February 13, 1942.
To the Honorable Mayor and City
Council, Dubuque, Iowa.
Gentlemen: The City has received
waivers from all of the propert
owners affected by the assessmen
for the construction of a six inc
vitrified the sanitary sewer in Fre•
moat Avenue northeasterly from th
present manhole in Coates Stree
to Lot 2 of 4 of Fremont Avenu
Sub. and southerly to Wartbur
Place, and in Wartburg Place south
erly from Fremont Avenue to Lot
of 1 of 2 of M. L. 139, under the
contract Bearing date of October 14,
1941, by and between Jas. F. Lee
and the City of Dubuque.
I certify that when completed the
improvement will embrace the fol-
lowing materials, work, extra ex-
pense and interest:
1,977.30 lineal feet of 6 inch
vitrified the sewer pipe
@ $2.20 ................................$4,305.06
16 pieces 6x,4 inch Y
branches @ $1.50 .............. 24.00
8 brick manholes @ $85.00 680.00
228 sq. ft. concrete walk @ 45.60
c .................................... .
532 sq ft. concrete drive-
ways @ 25c ........................ 133.00
12 sq. yd. asphalt pavement 18.00
@ $1.50 ..............................
Extra expense ...................... 100.00
Interest @ 6% for 52 days.. 45.61
Amount to be assessed........$5,396.27
I reconuuend the acceptance of
the work by the City Council as out-
lined above.
Respectfully submitted,
A. A. RHOMBERG,
City Manager.
Councilman Wharton moved that
the recommendation of City Man-
ager Rhomberg be approved. Sec-
onded by Councilman Murphy. Car-
ried by the following vote:
Yeas-Mayor Van Duelman, Coun-
cilmen Murphy, Schueller, Thomp-
son, Wharton.
Nays-None.
Resolution No. 11-42. A Resolu-
tion accepting improvement for the
construction of a six (6) inch vitri-
fied the sanitary sewer in Fremont
Avenue northeasterly from the pres-
ent manhole in Coates Street to Lot
2 of 4 of Fremont Avenue Sub. and
southerly °o Wartburg Place, and in
Wartburg Place southerly from Fre-
mont Avenue to Lot 1 of 1 of 2 of
M. L. 139, and directing the City
Clerk to publish notice of the Coun-
cil's intention to levy special assess-
ments therefor, presented and read.
Councilman Schueller moved the
adoption of the resolution. Second-
ed by Councilman Murphy. Carried
by the following vote:
Yeas-Mayor Van Duelman, Coun-
cilmen Murphy, Schueller, Thomp-
son, Wharton.
Nays-None.
Dubuque, Ia.
y February 11, 1942.
t To the Mayor and City Clerk,
h Dubuque, Ia.
e Gentlemen:
t For $5,000.00 Street Improvement
e Bonds to be issued by your city,
g bearing interest at the rate of 5%
per centum per annum, payable
1 semiannually; both principal and in-
Special Session, F'cbruary 13th, 19~i2 23
serest payable at the Office of the
City Treasurer, Dubuque, Ia.; said
bonds to be with option of prior
payment, and to be elated January
26, 1942, and to become due and pay-
able as follows: As stated in notice
of sale. We will pay you par and a
px•emium of $170.00 together with
accrued interest, said bonds to be
delivered on or about 1l7arch 1, 1942.
Provided, that prior to delivery of
bonds and paynxent therefor, the
City is to promptly furnish without
cost to us a certified transcript of
the legal proceedings pertaining to
this bond issue which shall show
their Pegality to the satisfaction of
our attorneys, and furnish such oth-
er legal proceedings and tape such
farther action as they may require
for this purpose. The printed bonds
are to be fiu•nisixecl and paid for by
the City and the final approving at-
tox°ney's opinion is to be furnished
axicl paid for by the purchaser.
Respectfully submitted,
CARLETON D. BEH CO.
By J. H. Becher.
Councilman Murphy moved that
the proposal be accepted and that
the Agreexneut be orclerecl placed
on file with the City Clerk for pub-
lic inspection for at least one week
before its final approval. Seconded
by Councilman Wharton. Carried by
the following vote:
Yeas-Mayor Van Duelman, Coun-
cilmen Murphy, Schueller, Thomp-
son, Wharton.
Nays-None.
February 11, 1942.
Honorable Mayor and City Council,
City of Dubuque, Iowa.
Gentlemen: With reference to the
claim of James C. McDonald, filed
February 26, 1941, wherein he
claims damages in the sum of
$3,000.00 claiming the damages were
caused by him slipping and falling
on the cross walk on the West side
of the intersection of 10th and Main
Streets, and whereas, he claims that
said cross walk was in a dangerous
and unsafe condition by reason of
an accumulation thereon of rough,
rounded and uneven ice, which ice
caused him to slip and fall and he
received injuries to his head and
back and a fracture of his right arm
at the elbow joint, necessitating an
operation, I have investigated this
uxatter and from what I have been
able to ascertain and from consul-
tation with attorneys for James C.
McDonald, I am of the opinion that
this case should be settled. Claim-
ant's actual damages amount to
$197.00. The claimants estate has
agreed to accept $250.00 in full pay-
ment of said claim, and I recom-
mend that the same be allowed,
that a warrant be drawn iu favor of
the clainxant's estate and delivered
upon delivery to the City of a pro-
perly executed release.
Yours truly,
JO°r3N J. KINTZIATGER,
City Solicitor.
Councilman Murphy moved that
the recouunendation of City Solicit-
or Kiutzinger be approved and that
the City Auditor be instructed to
draw a ~varraut in the amount of
$250.00 in favor of the Estate of
James C. McDonald as settlement
in full of the claim of James C. Mc-
Donald, said warrant to be deliv-
ered upon the receipt of a properly
executed release. Seconded by Coun-
cilman Wharton. Carried by the
following vote:
Yeas-Mayor Van Duelman, Coun-
cilxuen Murphy, Schueller, Thomp-
son, Wharton.
Nays-Noxie.
There being no further business,
Councilman Murphy moved to ad-
journ. Seconded by Councilman
Wharton. Carried by the following
vote:
Peas-Mayor Van Duelman, Coun-
cilmen Murphy, Schueller, Thomp-
son, Wharton.
Nays-itTOne.
J. J. SHEA,
City Clerk.
Approved ......................................1942.
Adopted ..........................................1942.
Councilmen: { .....................................
Attest : ................................................
. City Clerk.
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24 Special Session, ~ebruar,. 1%th, 19-1?
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(Official.)
Special Session, February 1 i th,
1942.
Council met at i : 50 P. NI.
Present-1l'1 a y o r Van Duelman,
Councilmen Murphy, Schueller,
Thompson, Wharton, City Manager
Rhomberg.
NIeetimg called by order of Coun-
cilmen Schueller and Murphy.
Mayor Vau Duelman read the call
and stated that service thereof had
been duly nxade and that this meet-
ing is called for the purpose of con-
ducting a, public hearing upon a pro-
posal to amend and change the Zon-
ing NIap and Zoning Ordinance by
striking from Article VII, Light In-
dustrial District, Section 1, Sub-
division "(28) Junk or scrap stor-
age or bailing oY papers, rags or
metals" and by adding to Section 1,
Article VIII, Heavy Industrial Dis-
trict, Subdivision "(9) Junk or scrap
storage or bailing of Papers, rags
or instals" and acting on any other
business as may properly come be-
fore aregular meeting of the City
Council.
Proofs of Publication, certified to
by the publishers, of notice of pub-
lic hearing upon a Proposal to
amend and change the Zoning NIap
and Zoning Ordinance of said City
by striking from Article VII, Light
Industrial District, Section 1, Sub-
division "(28) Junk or scrap storage
or bailing of papers, rags or met-
als" and by adding to Section 1, Ar-
ticle VIII, Heavy Industrial District,
Subdivision "(9) Junk or scrap stor-
age or bailing of papers, rags or
metals," Presented and read. No
written objections filed and no ob-
jectors present in the Council Cham-
ber.
Councilmau Murphy moved that
the proofs of publication be received
and filed. Seconded by Councilman
Schueller. Carried by the following
vote:
Yeas-Mayor Van Duelman, Coun-
cilman Murphy, Schueller, Thomp-
son, Wharton.
Nays-None.
Ordinance No. 9-42. An Ordin-
ance amending and changing the
Zoning NTap of the City of Dubuque
as provided by Ordinance No. 3-34,
designated "Zoning Ordinance of
the City of Dubuque" by striking
from Article VII, Light Industrial
District, Section 1, Use Regulations,
Subdivision "(28) Junk or scrap
storage or bailing of paper, rags or
nxetails" and by inserting in Article
VIII, Section 1, i~se Regulations,
Subdivision "(9) Junk or scrap stor-
age or bailing of paper, rags or
metals," presented and react.
Councilmau Thompson move d
that the reacting just had be cousid-
erect the first reacting of the ordin-
ance. Seconclecl by Councilman
SVharton, Carried by tlxe following
vote:
Yeas-Mayor Van Duelman, Coun-
cilmen Murphy, Schueller, Thomp-
son, Wharfou.
Nay s-None.
Councilman Thompson move d
that the rules be suspended requir-
ing an ordinance to be react on
three separate clays. Seeoucled by
Councilman Murphy. Carried by the
following vote:
Yeas-Mayor Van Duelman, Coun-
cilmen N.°urphy, Schueller, Thomp-
son, `Vharton.
Nays-I~TOne.
The ordinance vas then read a
second time. Councilman Thompson
moved that the reading just had be
considered the second reading of
the ordinance. Seconded by Coun-
cilman Schueller. Carried by the
following vote:
Yeas-Mayor Vau Duelman, Couu-.
cilmen Murphy, Schueller, Thomp•
son, Wharton.
Nays-None.
Councilman Thompson move d
that the ordinance be placed on file
with the City Clerk for Public in-
spectiou for at least one week be-
fore its final adoption. Seconded by
Councilman Wharton. Carried by
the following vote:
Yeas-Mayor Vau Duelman, Coun-
cilman Murphy, Schueller, Thoxnp-
sou, Wharton.
Nays-None.
Notice of Claim of Mrs. Theresia,
Krueger iu the amount of $75.00 for
injuries sustained in a fall on a bad
sidewalk on Kniest Street between
Garfield Avenue and Rhomberg Ave-
nue, presented and read.
Councilman Wharton moved that
the Notice of Claim be referred to
the City Solicitor for imvestigatioxx
and report. Seconded by Council-
man Murphy. Carried by the follow-
ing vote:
Yeas-Mayor Van Duelman, Coun-
cilmen Murphy, Schueller, Thomp-
son, Wharton.'
Nays-\'one.
Notice of Claim of Mrs. P. J. Fury
in the amount of $300.00 for injuries
sustained iu a fall on an icy side-
walk about 20 to 25 feEt from the
corner of Rush Street, piesened and
Special Session, CebruZr~- lath, 19-.2 25
read. Councilman Schueller moved
that the Notice of Claim be referred
to the City Solicitor for investiga-
tion and report. Seconclecl by Coun-
cilman Murphy. Carried by the fol-
lowing vote:
Yeas-Mayor Van Duelman, Coun-
cilmen ivIurphy, Schueller, Thomp-
son, Wharton.
Nays-None.
Couununication of Carl V. Riley
expressixxg appreciation on behalf
of the Dubuque Cotuity Chapter,
American Recl Cross, for the splen-
did co-operation accorded the or-
ganization in its appeal for needed
War Relies Funds, presented and
read.
Councilman Thompson move d
that the communication be received
and placed on file. Seconded by
Councilman Murphy. Carried by
the following vote:
Yeas-Mayor Van Duelxnan, Coun-
cilmen Murphy, Schueller, Thomp-
son, Wharton.
Nays-None.
Petition of the American Legion
Auxiliary requesting permission for
the holding of their Annual Poppy
Sale on Saturday, May 23, 1942, pre-
sented and read. C o u n c i l m a n
Thompson moved that the request
be granted. Seconclecl by Council-
man Schueller. Carried by the fol-
lowing vote:
Yeas-Mayor Van Duelman, Coun-
cilmen illur•phy, Schueller, Thomp-
son, Wharton.
Nays-None.
Petition of Catherine S. Lund
beck, refered to the City Council by
the Board of Supervisors, request-
ing suspension of the 1941 taxes on
Lot 242, Woodlawu Park, and Lot
11, Cox's Addition, presented and
read.
Councilman Wharton moved that
the petition be referred to the City
Solicitor for investigation and re-
port. Seconded by Councilman
Schueller. Carried by the following
vote:
Yeas-Mayor Van Duelman, Coun-
cilmen Murphy, Schueller, Thomp-
son, Wharton.
Nays-None.
Communication of The Key City
Gas Company submitting the an-
nual report of The Key City Gas
Company, required by ordinance
and coverixig the financial opera-
tions of the company for the calen-
dar year 1941, presented and read.
Councilman Murphy moved that
the communication with attached
annual report be refered to the
Council. Seconded by Councilman
Schueller. Carried by the following
vote:
Yeas-.Mayor Van Duelman, Couu•
cilmen Murphy, Schueiler, Thomp-
son, Wharton.
Nays-None.
Waiver and Reiease of Damage
The uudersiguecl, being the ov-n-
er of the following described real
estate, to-`vit: Lot 1 of 3 of Block
C, Industrial Subdivision, City of
Dubuque, Iowa, which abuts Salina
Sheet, City of Dubuque, Iowa, in
which street the Illinois Central
Railroad Company proposes to co~-
struct aspur track, from a track in
said street into the premises de-
scribed as Lots 7, S and 9, Elock 13,
Dubuque Harbor Company's Addi-
tion, Dubuque, Iowa, pursuant to
authority granted by the City of Du-
buque, Iowa, in Ordinance No. 4-
42, approved on final reading Jan-
uary ~7, 1942, in consideration of
the building of said spur track by
sail Railroad Company, does hereby
forever waive and release any and
all claims the undersigned has or
may have for damages against the
Illinois Central Railroad Company,
its successors and assigns, result-
ing from the construction of the
aforesaid spur track in Salina
Street.
Dated this 27th day of January,
194'.
Maize~vood Insulation Company.
By H. A. Hauptli, Pres.
W. M. Tschirgi, Sec.
State of Iowa l SS:
County of Dubuque J
On this 27th day of January, A.
D. 194, before me, a Notary Public
in and for said County, personally
appeared H. A. Hauptli and W. M.
Tschirgi, to me personally known,
~vho being by me duly sworn, did
say that they are President and Sec-
retary, respectively, of said corpor-
ation, that the seal affixed to said
instrument is the seal of said cor-
poration and that said instrument
was sighed and sealed on behalf of
the said corporation by authority of
its board of directors and the said
H. A. Hauptli and W. M. Tschirgi
as such officers acknowledged the
execution of said instrument
to be the voluntary act and deed of
said corporation by it voluntarily
executed.
E. MARSHALL THOMAS,
Notary Public in and for
Dubuque County, Iowa.
Councilman Wharton moved that
the Waiver and Release for Damage
be received and made a matter of
record. Seconded by Councilman
Murphy. Cax•ried by the following
vote:
26 Special Session, I'ebruary lith, 192
Yeas-NlaYot' Van Duelman, Coun-
cilman Murphy, Schueller, Thomp-
son, Wharton.
2.Tays-None.
Waiver and Release of Damage P
The undersigned, being the own- a,
er of the following described real D
estate, to-wit: Lots 10 and 11, Il
Block 13, Dubuque Harbor Com- p
pauY's Aclclition, City of Dubuque, ft
Iowa, which abuts Salina Street, p
City of Dubuque, Ia., in which street 9
the Illinois Central Railroad Com- p
patsy proposes to construct a spur P
track, from a track in said street in- t
to the premises described as Lots 7, a
S and 9, Block 13, Dubuque Harbor t,
Company's Addition, Dubuga eted by
pursuant to authority g t
City of Dubuque, Iowa, in Ordinance c
PTO, 4-42, approved on final reading 1
Ja,n. 27, 1942, in consideration of
the building of said sp toes h e eby
said Railroad Company,
forever waive and release any and
all claims the uudersignecl has or
may have for damages against the
Illinois Central Railroad Company,
its successors and assigns, resulting
Prom the construction of the afore-
said spur' track in Salina Street.
Dated this 2 7th day of January,
1942.
PETER J. SEIPPEL LUMBER CO.
By Jos. A. Meuser, Preel, Secy.
Katharine J. Seipp
State of Iowa 1 SS:
County of Dubuque J
On this 27th day of January, A. D.
1942, before rue, a 1Votary Public in
and for said County, personally ap-
peared Jos. A. Meuser and Kath. J.
SeipPel, to me personally known,
~vho being by me duly sworn, dicl
say that they are President and Sec-
retary, respectively, of said corpor-
ation, that no seal has been pro-
cured b3* the said corporation and
that said instrument was signed and
sealed ou behalf of the said corpora-
tion by authority of its Board of Di-
rectors and the said Jos. A. Meuser
and K. J. Seippel as such officers
acknowledged the execution of said
instrument to be the voluntary act
and deed of said corporation by it
voluntarily exe I; G. ESCHEN,
lvotary Public in and for
Dubuque County, Iowa.
My Commission expires July 4, 1942.
Councilman Wharton moved that
the Waiver and Release of. Damage
be received and made a matter of
record. Serried bYytheofollo<ving
Murphy.
vote:
Yeas-Mayor VSch elleratTltomp-
cilmen Murphy,
son, Wharton.
Nays-None.
Waiver and Release of Damage
The undersigned, being the own-
of the following described real
tate, to-wit: Lots 7, S and 9,
_ock 13, Dubuque Harbor Com-
any's Aclclition, Dubuque, Iowa>
hick abuts Salina Street, City of
ubuque, Iowa, in which street the
linois Central Railroad Company
roposes to construct a spur track,
'om a track in said street into the
remises described as Lots 7, S and
Biock 13, Dubuque Harbor Com-
'any's Aclclition, Dubuque, Iowa,
ursuant to authority granted by
he City of Dubuque, Iowa, in Orclin-
nce No. 4-42, approved on final
eacling January 27, 1942, in consid-
eration of the building of said spur
rack by said Railroad Company,
Toes hereby forever waive and re-
ease any anti all claims the under-
signed has or may have for dam-
ages against the Illinois Central
Railroad Company, its successors
ants assigns, resulting from the con-
struction of the aforesaid spur track
in Salina Street.
Dated this 2Sth day of January>
1942. iIIEYER MARMIS.
SAM MARMIS.
DAVID SOLOMON.
State of Iowa 1 SS:
County of Dubuque J
On this 2Sth day of January, 1942,
before me, a Notary Po vac person-
for Dubuque County,
ally aPpearecl Meyer Marmis, Sam
Marntis and David Solomon, to me
known to be the persons named in
and who executed the foregoing in-
strument, ants acknowledged that
they executed the same as their
voluntary act and deed.
E. MARSHALL THOMAS,
I~TOtary Public in and for
Dubuque County, Iowa.
Councilman Wharton moved that
the Waiver and Release of Damage
be received and made a matter of
record. Seconded by Councilman
Murphy. Carried by the following
vote:
Yeas-Mayor Van Duelman, Coun-
cilmen Murphy, Schueller, Thomp-
son, Wharton.
Ia'ays-None.
February 10, 1942
To the Honorable Mayor and City
Council, Dubuque, Iowa.
Gentlemen: I herewith submit
the reports of the City Auditor, City
Treasurer, City Health Department,
City Recreation Director and City
Waterworks, also a list of claims
and payrolls for which warrants
were drawn during the month of
January, 1942.
Respectfully submitted,
A. A. RHOMBERG,
City Manager.
Special Session, F'cbruarv 1 i th, 19-12 27
Councilman Schueller moved that
the reports be received anti placed
on file. Seconded by Councilman
Thompson. Carried by the follow-
ing vote:
I eas-ATayot• Van Duelman, Coun-
cilmen 1Iurphy, Schueller, Thomp-
son, ZVharton.
?Jays-None.
Proofs of publication, certified to
by the publishers, of a statement
of receipts and also a list of claims
fot• which warrants were drawn ciur-
ing the month of December, 1941,
presented and read.
Councilman 1\Turphy moved that
the proofs of publication be received
and filed. Seconclecl by Councilman
Schueller. Carried by the following
vote:
I eas-ilTayor Van Duelman, Couu-
cilmau 11Iurphy, Schueller, Thomp-
son, Wharton,
l~Tays-\TOne.
February 17, 1942.
To the Honorable Mayor anti City
Council, Dubuque, Iowa.
Gentlemen: Herewith submitted
are Fire Protection agreements with
iustittttions outside the corporate
limits which have been renewed for
the period from February 1, 1912, to
February 1, 1943. As provided for
in Section 5 7 66.1 of the 1939 Code of
Iowa, the jurisdiction of the City for
fire purposes is extended to the foi-
lo~ving institutions: Hiilcrest L',aby
Fold, St. Joseph's Sanitarium, Home
of the Good Shepherd, Mount St.
Agnes Novitiate, Brunswick Radio
Corporation, E. E. Frith Co., Inc..
St. Francis Home for the Aged, hn-
maculate Conception Academy, Sis-
ters of St. Francis Convent, and St.
Mary's Orphan Home.
Irecommend the approval of
these agreements by the Council.
Respectfully submitted,
A. A. RHOMBERG,
City Manager.
Councilman Wharton moved that
the recommendation of City Man-
ager Rhomberg be approved and
the Agreements accepted and placed
on file. Seconded by Councilman
Murphy. Carried by the following
vote:
Z eas-Mayor Van Duelman, Coun-
cilmen Murphy, Schueller, Thomp-
son, Wharton.
Nays-None.
February 17, 1942.
To the Honorable Mayor and Citp
Council, Dubuque, Iowa.
Gentlemen: This is to advise that
I have approved the following pol-
icy anti bond and desire to have
your approval on same for filing:
EZCAVATION
H. B. McCarter, 231 West Fifth
Street; Policy No. 0 90221, Ameri-
can Employers' Insurance Co.
Louis Buechel, 1043 Main Street;
Bond No. 43S7314, Fidelity and De-
posit Co.
Respectfully submitted,
A. A, RHOMBERG,
City Manager.
Councilman Thompson move d
that the bonds be approved and
placed ou file. Seconded by Council-
man lYlurphy. Carried by the follow-
ing vote:
Yeas-Mayor Van Duelman, Coun-
cilmen -Turphy, Schueller, Thomp-
son, Whartmi.
Nays-None.
January 30, 1912.
Honorable 1\Tayor anti City Council,
City of Dubuque, Iowa.
Gentlemen:
In re: Petition of «Tm. A. Haller
for Suspension of Taxes on Lot
27, McCraneY's 2nd Adcl.
asking that the 1911 taxes be sus-
pe;tclecl because of age and infirm-
ity, I reconunencl that the Petition
be approved by the City Council of
the City of Dubuque and uotifica
tion of such approval be given to
the Boarcl of Supervisors of llu-
buque County, Iowa.
Respectfully submitted,
JOHN 3. KINTZINGER,
City Solicitor.
Councilman Murphy moved that
the reconuuenclation of City Solicit-
or Iiintzinger be approved anti the
petition of Wm. A. Haller request-
ing suspension of the 1941 taxes on
Lot 27. 1TcCraney's 2nd Addition be
granted and the Board of Supervis-
ors to be notified of the action of
the City Council. Seconded by Coun-
cilman SVharton. Carried by the fol-
lowing vote:
Yeas-Mayor Van Duelman, Coun-
cilmen Murphy, Schueller, Thomp-
son, Wharton.
Nay s-None.
Ordinance No. 5-42. An Ordin-
ance providing for the vacation of
the area between Elm and Pitie
Streets from 15th to 16th Streets,
and also for the conveyance of said
vacated area to B. F. F~lauer, J. C.
Loosbrock and J. A. Rhomberg,
said ordinance having been passed
upon first anti second readings on
January 27th, 1942, and ordered
placed on file with the City Clerk
for public inspection for at least one
week before its final adoption, pre-
sented and read a third time.
Ordinance No. 5-42
AN ORDI1~lANCE providing for the
vacation of the area between Elm
and Pine Streets from 15th to
16th Streets and also for the con-
veyance of said vacated area to
B. F. Iilauer, J. C. Loosbrock and
J. A. Rhomberg.
28 ;l~ecial session, F'ebruari- lith, 19-12
TVhereas, the property located be-
tween Elm aucl Pine Streets from
15th to 16th Streets is located with
in the heavy industrial district with-
in the City of Dubuque as delimited
by the zoning map of said City and
all of the real estate abutting upon
the alley between Elm aucl Pine
Streets front 15th to 1Gth Streets is
owned by B. F. Klatter, J. C. Loos-
brock and J, A. Rhontberg, and the
said alley is not needed for street
or public purposes and the vacation
thereof will not injure, damage or
interfere with the use of or accessi-
bility to private property situated
within such district, now, therefore,
Be It Ordained by the City Coun-
cil of the City of Dubuque:
Section 1. That the alley between
Elm and Pine Streets from 15th to
1Gth Streets be and the same is
hereby vacated.
Sec. 2. That, iu consideration of
the sum of One Dollar and other
valuable considerations, the receipt
whereof is hereby ackno~vleclged,
said vacated area be and the same
is hereby sold, granted aucl convey-
ed to B. F. Mauer, J. C. Loosbrock
aucl J. A. Rhomberg, subject, how-
ever, to the reservation that all
sewers, drains and water mains lo-
cated upon or within the vacated
area shall continue to he the prop-
erty anct under the supervision and
control of the City of Dubuque, its
officers and employes, including the
right and power to enter upon the
premises for all proper public ttses
and purposes and, in the event any
repairs or replacements become nec-
essary in or upon such sewers, wa-
ter mains or services because of
any action or conduct upon the part
of said grantees, its agents or em-
ployes such severs, water mains
and services shall be repaired or re-
built at the expense of the grantees.
Sea 3. That said grantees be and
they are hereby directed and auth-
orized to cause a plat to be made of
said vacated area, wherein the same
shall be given a legal description,
whereupon the City of Dubuque will
convey said land to said grantees
by Quit Claim Deed aucl the Mayor
and Clerk of said City are hereby
authorized and directed to execute
said deed on behalf of said City.
Sec. 4. That the Clerk be and he
is hereby directed to file in the of-
fice of the County Recorder of Du-
buque County a certified copy of
this Ordinance.
Sec. 5. That this Ordinance shall
be iu force and effect upon its final
passage, adoption and approval by
tlxe City Council aucl publication as
provided by law and the rights here-
of shall accrue to the grantees, its
successors aucl assigns when this
Orclinanee has been accepted by
said grantees, which acceptance
shall be enciorsecl hereon, and jvhen
the costs and expense of publishing
the same has been paid by said
g'rautees.
Passed upon first and second
reacliug this 2 7th day of January,
1912.
Passed, adopted and approved up-
on final reacliug this 17th clay of
February, 1942.
FRANK VAN DUELMAN,
Mayor.
F. ~V. THOMPSON,
ALBERT tiVHARTON,
B. A. SCHUELLER,
GEO. R. MURPHY,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Acceptance of Ordinance No. 5-42
The grantees, having knowledge
of all the terms and conditions of
Ordinance No. 5-42, do hereby ac-
cept Ordinance No. 5-42, as adopt-
ed by the City Council of the City
of Dubuque, on this 17th day of Feir
ruary, 1942, aucl agrees to comply
with all of the terms and conditions
therein set forth.
Signed this 18th day of February,
1942.
B. F. I~LAUER,
J. C. LOOSBROCh,
J. A. RHOMBERG,
Published officially in The Tele-
graph-Herald newspaper this 23rd
clay of February, 1942.
J. J. SHEA,
City Clerk.
Councilman Murphy moved the
adoption of the ordinance. Seconcl-
ecl by Councilman Schueller. Car-
ried by the following vote:
Yeas-Mayor Van Duelman, Coun-
cilnxeu Murphy, Schueller, Thomp-
son, tiVharton.
Nays-Noce.
Ordinance No. 7-42. An Ordin-
ance granting to Farley & Loetsch-
er Mfg. Co., its successors andjor
assigns the right to install four
unclergrouncl storage tanks at the
Southwest corner of Ninth and Jack-
son Streets under the level of Jack-
son Street and to attach and main-
tain pipes and equipment in con-
nection tltet'ewith, all in accordance
with the plans now on file in the of-
fice of the City Clerk, said ordin-
ance having been passed upon first
anct second readings on January
27th, 1942, and ordered Placed ou
file with the City Clerk for public
inspecttion for at least one week
before its final adoption, Presented
and react a third time.
Ordinance No. 7-42
An Ordinance granting to Farley
& Loetscher Nlfg. Co., its successors
and/or assigns the right to install
~pecial session, I'ebruar~> lith, 1942 29
four unclergrouncl storage tanks at
the Southwest corner oY 9th and
Jackson Streets, under the level of
Jackson Stt•eet aucl to attach and
maintain pipes aucl equipment iu
connection therewith, all in accord-
ance with the plans no~v ou file in
the office of the City Clerk.
Be It Ordained by the City Coun-
cil of the City of Dubuque:
Section 1. That Farley ~C Loetsch-
er Mfg. Co., its successors and as-
signs Ue aucl they are hereby grant-
ed the right and authority to in-
stall four underground s t o r a g e
tanks at the Southwest corner of
Ninth and Jackson Streets, part oY
said tanks Ueing under the street
level of Jackson Street, and to at-
tach and maintain pipes anct equip-
ment in connection therewith, all in
accordance with the Plans no~v on
file iu the office of the City Clerk.
Any sidewalks or streets torn up itt
the excavation are to be replaced at
the cost of Farley ~. Loetscher -Ifg.
C o.
Sec. 2. That all of the matters
and thing's herein authorized shall
be constructed under the direction
aucl supervision of the City 11Iau-
ager and Building' Inspector.
Sec. 3. As a consideration for the
rights and privil`eg'es hereby grant-
ed the said Farley &Loetscher Mfg.
Co., its successors and/or assigns,
does hereby agree to pay for ou be-
half of the City of Dubuque, any and
all sums of money which the City of
Dubuque shall become obligated to
pay by x•eason of auy> liaUility im-
posed upon the City for damages of
any kind which may be caused or
sustained Uy anyone because of the
construction and maintenance of
the matters anti things hereinbefore
authorized.
The Farley &Loetscher Mfg. Co.
hereby agrees, at its o~vn espense,
to clefeud for and on Uehalf of the
City any and all claims aucl, or shits,
at law or in equity, and any and all
other proceedings brought against
the City because of the enactment
of this Orcliuance and, or the erec-
tion, installation and operation of
the matters iu connection therewith
even if the same be groundless,
false or fraudulent.
The Farley &Loetscher lTfg. Co.
agrees to pay any and all claims al-
lowed against the City, together
with any and all court costs and
any and all damages, costs, and ex-
penses inctu•recl by the City in con-
nection with such claims or suits
growing out of the matters aucl
things hereinbefore granted. All
such payments are to be matte tivhen
the claims are finally allo~vecl and
«-hen juclgmeuts are finally entered.
Sec. 4. It is understood and pro-
viclecl that the right and permission
to use and occupy such portions of
such sidewalhs and streets for the
purpose herein stated is suUject to
the continuous couirol of the City
Council of tlxe City of Dubuque, re-
serving the right to said City Coun-
cil to impose restrictions and condi-
tions upon the enjoyment thereof,
as may be reasonaUly necessary for
the protection of the puUlic interest
inelucling the right to revoke aucl
rescind any and all such rights and
permissions if at any time the pub-
lic interest' should so require.
Sec. 5. Should the rights and
prix>ileges herein granted be re-
scinded or revoked, said Farley 8,
Loetscher Mfg. Co., its successors
aucl/or assigns, at its own espense
and upon receipt of notice, agrees
to remove the structures herein
authorized and to restore the side-
walk and streets to as good condi-
tion as they were in before con-
struction within thirty days after
receipt of said notice.
Sea. G This Ordinance becomes
effective upon its final passage and
adoption and publication as pro-
vided by law and the rights here-
under shall accrue to Farley &
Loetscher Mfg'. Co., its successors
and/or assigns, when this Ordin-
ance has Veen accepted by said
Company, which acceptance shall
be endorsed hereon aucl when the
cost and expense of publishing the
same has beau paid by said Conx-
pany.
Passed upon first and s e c o u cl
reacting ibis 27th clay> of January,
1942.
Passed, adopted and approved up-
on final reading this 17th clay of
February, 1942.
FRANK VAN DUELMA\T,
i\Iayor.
F. SV. THOMPSO\T.
ALBERT ZVHARTON,
B. A. SCHUELLER,
GEO. R. -IURPHY,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Acceptance of Ordnance N4. 7-42
Farley ~~ Loetscher Mfg. Co. hav-
ing knowledge of all the terms and
conditions of Ordinance No. 7-42,
does hereby> accept Ordinance No. 7
-42 as adopted by the City Council
of the City of Dubuque, on this 17th
clay> of February, 1942, and agrees
to comply with all of the terms and
conditions therein set forth.
Signed this 1Sth day of February,
1942.
FARLEY ~~ LOETSCHER
ITFG. CO.
By Robert F. Loetscher, Supt.
.,
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30 Special Session, February 17th, 19-12
Published officially in The Tele-
graph-Herald newspaper this 20th
clay of February, 1942.
J. J. SHEA,
City Clerk.
Councilman Schueller moved the
adoption of the ordinance. Second-
ed by Councilman Wharton. Cat'ried
by the following vote:
Peas-Mayor V an Duelman, Coun-
cilmen Murphy, Schueller, Thomp-
son. Whartou.
Nays-Noce.
Resolution No. 12-42
TVhereas, application for C l a s s
"C" Beer Permit has been sub-
mitted to this Council for approval
attd the same has been esaminecl:
Now, therefore,
Be It Resolved by the Council of
the City of Dubuque that the follow-
ing application be and the same is
hereby approved and it is ordered
that the Premises to be occupied by
such applicant shall be forthwith
inspected.
CLASS "C" PERIiIT
Name. Address.
Mrs. Frances Savary, S92 Cleve-
land Avenue.
Passed, adopted and approved
this 17th clay oY February, 1942.
FRANK VAN DUELMAN,
Mayor.
F. W. THOMPSON,
ALBERT WHARTON,
B. A. SCHLIELLER,
GEO. R. MURPHY,
Councilmen.
Attest: J. 3. SHEA,
City Clerk.
Councilman Thompson moved the
adoption of the resolution. Second-
ed by Councilman Whartou. Car-
iedr by the following vote:
'Seas-Mayor Van Duelman, Coun-
cilmen Murphy, Schueller, Thomp-
son, Wharton.
Na}-s-None.
Resolution fVo. 13-42
Whereas, heretofore application
was filed by the within named ap-
plicant for Class "C" Beer Permit
and it has received the approval of
this Council:
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 beexx filed: I~TOw,
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-
plicaut aBeer Permit.
CLASS "C" PERMIT
Name. Address.
Mrs. Frances Savary, S92 Cleve
land Avenue.
Be It Further Resolved that the
bond filed by such applicant he and
the same is hereby approved.
Passed, adopted and approved
this 17th day of February, 1942.
FRANK VAN DUELMAN,
Mayor.
F. W. THOMPSON,
ALBERT WHARTON,
B. A. SCHUELLER,
GEO. R. MURPHY,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Thompson moved the
adoption of the resolution. Secoud-
ecl by Councilman Schueller. Car-
ried by the following vote:
Yeas-Mayor Van Duelman, Coun-
cilmen Murphy, Schueller, Thomp-
son, Wharton.
Nays-Noce.
There being no further business,
Councilman SVharton moved to ad-
journ. Seeonciecl by Councilman
Schueller. Carried by the following
vote:
Yeas-11~Iayor Van Duelman, Coun-
cilmen Murphy, Schueller, Thomp-
son, ZVharton.
Nays-None.
J. J. SHEA,
City Clerk.
......................................
Approved 1942.
Adopted ........................................1942.
Councilmen: ~ ......................................
Attest: ~ ~•~
.......................City ..Clex'k.
~'
1
~-~- a
Si~ecial Session, I'ebruar~r 24th, 192 31
(Official.)
Special Session, February 24th,
1942.
Council met at 7:40 P. M.
Present-NI a y o r Van Duelman,
Councilmen Murphy, Schueller,
Thompson, Wharton, City HIanager
Rhomberg.
11Teeting called by order of Coun-
ciluxen Wharton and Thompson.
Mayor Vau Duelman read the call
and stated that service thereof haci
been duly made and that this meet-
ing is called for the pux•pose of con-
sidering for final approval the
Agreement between the Carlton D.
Eeh Co. and the City of Dubuque
foi' the Pureiiase of $5,000.00 Street
Improvement Bonds and acting on
any other business as may properly
come before a regulax• meeting of
the City Coiuxcil.
Dubuque, Iowa,
February 11th, 1942.
To the &Tayor and City Clerk,
Dubuque, Iowa.
uentlemen: For $5,000.00 Street
Improvement Braids to be issued by
your City, bearing iutex•est at the
rate of 5% per centum per annum,
payable semi-annually; both prin-
cipal and interest payable at the of-
fice of the City Treasurer, Dubuque,
Town, said bonds to be with option
of prior payment, and to be dated
January 26, 1942, and to become due
and payable as follows: As stated
in notice of sale. We will pay you
par and a premium of $170.00 to-
gether with accrued interest, said
bonds to be delivered on m• about
March 1, 1942. Provided, that prior
to delivery of bonds and payment
therefor, the City is to promptly
furnish without cost to us a certi-
fied transcript of the legal proceed-
ings pertaining to this bond issue
which shall show their legality to
the satisfaction of our attorneys,
and furnish such other legal pro-
ceedings and take such further ac-
tion as they may require for this
purpose. The printed bonds are to
be furnished and paid for by the
City and the final approving attor-
ney's opinion is to be furnished and
paid for by the Purchaser.
Respectfully submitted,
CARLETON D. BEH CO.
By J. H. Becker.
The above and foregoing proposi-
tion having been accepted this 13th
day of February, 1942, by the City
of Dubuque and the Mayor and City
Clerk authorized to accept this
agreement, we hereby agree to de-
liver the above bonds to Carlton D.
Beh Co., Des Moines, Iowa, when
issued. Approved and the Mayor
and City Clerk authorized to exe-
cute this agreement on behalf of the
City of Dubuque, Iowa, this 24th
day of February, 1942.
CITI' OF DUBUQUE,
STATE OF IOWA.
Frank J. Van Duelman,
Mayor.
J. J. SHEA, City Clerk.
Couucihnan Murphy moved that
the Agreement be approved and the
Mayor and City Clerk authorized to
execute the same on behalf of the
City of Dubuque. Seconclecl by
Councilman Schueller. Carried by
the following vote:
Yeas-P~Iayor Van Duelman, Couu-
cilmen NItu•plxy, Sciueller, Thonxp-
son, TVlxarton.
Nays-None.
Petition of ,Tohn G. Orvis request-
ing that the City accept the assess-
ments, with interest, levied against
his property at 2120 Grace Street
for the paving of both Grace Street
and Algona Street, and further re-
questing that the penalties be can-
eellecl, presented and read.
Councilman Whartmi moved that
the petition be refered to the City
Manager and City Treasurer for in-
vestigation and report. Seconded
by Councilman Murphy. Carried by
the following• vote:
Yeas-Mayor Van Duelman, Coun-
cilmen Murphy, Schueller, Thomp-
son, ZVharton.
Nays-None.
Fetition of John Beerman re-
questing arefund in the amount of
$50.00 on Class "B" Beer Permit No.
54 expiring on July 1, 1942, and a
refund in the amount of $25.00 on
Cigarette Permit No. 95 expiring on
July 1, 1942, as he is discontinuing
business at 2776 Jackson Street,
presented and read.
Councilman Murphy moved that
the petition be granted and that the
City Auditor be instructed to draw
a warrant in the anxouut of $50.00 in
favor of John Beerman and Mathil-
da Beerman to cover the amount of
refund granted on the unexpired
portion of Class "B" Beer Permit
No. 54 and also to draw a warrant in
the amount of $25.00 in favor of John
Beerman to cover the amount of re-
fund granted on the unexpired por-
tion of Cigarette Permit No. 95.
Seconded by Councilman Schueller.
Carried by the following vote:
Yeas-Mayor Van Duelman, Coun-
cilmen Murphy, Schueller, Thomp-
son, Wharton.
Naps-Noxxe.
Petition of Cecelia Howe, referred
to the City Council by the Board of
Supervisors, requesting suspension
32 special Sessi~~n, ~ebrttarv ?4th, 1942
of the 1941 taws on Lot 17 of Yates
Subdivision, presented anal read.
Councilman Murphy moved that
the Petition be refered to the City
Solicitor for investigation and re-
port. Seconded by Councilman
Thompson. Carried by the follow-
ing vote:
Yeas-Mayor Van Duelman, Caun-
ciLuan Murphy, Schueller, Thomp-
son, Wharton.
Nays-None.
Verbal report of City Solicitor
Iiiutzinger recommending the grant-
ing of the Ietition of Cecelia Howe
for suspension of the 1941 tales on
Lot 17 of Yates Subdivision, pre-
sented. Councilman Murphy moved
that the recommendation of City So-
licitor Iiintziuger be approved and
the Board of Supervisors to be no-
tified of the action of the City
Council. Seconded by Councilman
Thompson. Carried by the follow-
ing vote:
Yeas-Mayor Van Duelman, Coun-
cilmen Murphy, Schueller, Thomp-
son, tiVha'rton.
Nays-\TOne.
February 20, 1942.
Honorable Mayor and City Council,
City of Dubuque, Io`va.
Gentlemen:
In re: Petition of Catherine S.
Ltutclbeck for Suspension of Tal-
es on Lot 242, Woocllawn Park,
Lot 11, Cos Add.
asking that the 1941 Lases be sus-
pended because of age and infirm-
ity, I recommend that the petition
be approved by the City Council of
the City of Dubuque and notifica-
tion of such approval be given to
the Board of Supervisors of Du-
buque County, Iowa.
Respectfully submitted,
JOHN J. I~I~TTZINGER,
City Solicitor.
Councilman Thompson move d
that the recommendation of City
Solicitor I~intzinger be approved
and the petition of Catherine S.
Lmidbeclc requesting suspension of
the 1941 tales on Lot 242 of Wood-
la~vu Park Aclclition and Lot 11 of
Cox Aclclition be granted and the
Board of Supervisors to be notified
of the action of the City Council.
Seconded by Councilman Wharton.
Ca.rriecl by the following vote:
Yeas-Mayor Van Duelman, Cotui-
cilriten -Iurphy, Schueller, Thomp
son, Wharton.
Nays-None.
February 12, 1942,
To the Honorable Mayor and City
Cotmcil, Dubuque, Iowa.
Gentlemen: With reference to at
tacked petition of Mr. I~. W. Elliott
the Planning and Zoning Commis
lion recouuuencls to your Houorablf
Body the extension of the present
Multiple Residence District on
Prairie Street, near Eleventh, south-
ward to include all of City Lot 822.
This extension will inelucle the area
requested by 14Ir. Elliott,
Respectfully submitted,
DUBtiQtiE PLANNING AND
ZONING COII'IMISSION.
Richard V. McKay, Secy.
Councilman -Iurphy moved that
the reconunenclation of the Plan-
ning and Zoning Conunission he ap-
proved and the City Solicitor to be
instructed to prepare the proper
proceedings. Seconclecl by Council-
man Wharton. Carried by the fol-
lowing vote:
Yeas-Mayor Van Duelman, Coun-
cilmen Murphy, Schueller, Thomp-
son, Wharton.
Nays-\TOne.
Dubuque, Iowa,
February 24th, 1942.
To the Honorable iVIayor and City
Council of the City of Dubuque, Ia.
Gentlemen: Section 718.04 of the
Code of Iowa, 1939, Permanent Reg-
istration, provides that the Cour
missianer of Registration shall ap-
point such deputies aucl clerks as
tray be necessary, to assist in the
registration of voters at the central
registration office, said deputies and
clerks to be equally divided be-
tween the members of the two poli-
tical Parties receiving the highest
vote at the last general election,
said appointments shall be subject
to the approval of the City Council.
I herewith reconunencl for your
approval the following named per-
sons to assist in the registration of
voters at the central registration of-
fice, such persons to be designated
as deputies and clerks of registra-
tion.
Democratic-Mr. R. P. Marshall
and Miss Gladys E. Theis.
Republican-Mr. Otto F. Pull and
-Iiss G eralcline L. Demkier.
Respectfully submitted,
J. J. SHEA,
Commissioner of Registration.
City of Dubuque, Iowa.
Councilman Thompson move d
that the recommendation of the
Commissioner of Registration be
approved. Seconded by Councilman
Schueller. Carried by the following
vote:
Yeas-Mayor Van Duelman, Coun-
cilman Murphy, Schueller, Thomp-
son, Wharton.
Nays-None.
Dubuque, Iowa,
February 24th, 1942.
To the Honorable Mayor and City
Council, City of Dubuque, Iowa.
Gentlemen: Section 718.04 of the
Cocle of Iowa, 1939, Permanent Reg-
Special Session, ];ebruar}T 2~lth, 19-2 33
istration, provides that the Com-
missioner of Registration shall ap-
point the two clerks of election for
each precinct, who shall have
charge of the election register.
I hereby recommend for Your ap-
proval the appointment of the fol-
lowing named persons to serve as
Clerks of Election for each precinct,
who shall have charge of the elec-
tion register:
First Precinct-Democratic, Mrs.
Vera Ham; Republican, ItIrs. Lillian
Jones.
S e c o n cl Precinct- Democratic,
Mrs. Margaret Kinsella; Republi-
can, 1\Irs. Geo. R. Foi.
Third Precinct-Democratic, 1lTrs.
Lucille Mullen; Republican, Mrs.
Pearl Hoerner.
Fourth Precinct- Democratic,
Mrs. Mary Hughes; Republican,
Mrs. Martha Hunt.
Fifth Precinct-Democratic, -Irs.
1\Targaret Lavery; Republican, 11irs.
F. W. Trader.
Sixth Precinct-Democratic, Mrs.
Lillian Fleege; Republican, -Irs.
Hazel I okom.
Seventh Precinct -Democratic,
Mrs. Ceceua Z~Teber; Republican,
NII•s. Cora Wolf.
Eighth Precinct - Democratic,
Mrs. Jetutie I. Starr; Republican,
-Ir. J. Sj'. DIillin.
Ninth Precinct - Democratic,
Belle Leidinger; Republican, Mrs.
Edna ~Viddowsou.
Tenth Precinct-Democratic, Mrs.
Agnes Hircl; Republican, Mrs. Hat-
tie Douatsch.
Eleventh Precinct -Democratic,
illrs. Isla Murray; Republican, Car-
rie Saunders.
Twelfth Precinct -Democratic,
Mrs. Date Beringer; Republican,
Mrs. Helen Stansfield.
Thirteenth Precinct-Democratic,
11Irs. Freda Foell; Republican, lIrs.
liarguerite Liddle.
Fourteenth Precinct-Democratic,
Mrs. Evelyn Ender; Republican,
11Irs. Dorothy Bauer.
Fifteenth Precinct -Democratic,
Mrs. Gertrude O'Leary; Republican,
Mrs. Helen Hohnecker.
Respectfully submitted,
J. J. SHEA,
Commissioner of Registration,
City of Dubuque, Iowa.
Councilman Schueller moved that
the recomntenclatiou of the Com-
missioner of Registration be ap-
proved. Seconded by Councilman
ZVhartou. Carried by the following
vote:
I eas-Mayor Van Duehnau, Coun-
cilmen Murphy, Schueller, Thomp-
son, Wharton,
Nays-Noce.
Ordinance No. 9-42. An Ordiu-
auce amending and changing the
Zouiug -Iap oY the City of Dubuque
as provided by Orclinauce No. 3-34,
designated "Zoning Ordinance of
the City of Dubuque" by striking
front Article VII, Light Industrial
District, Section 1, Use Regulatimis,
Subdivision "(~S) Junk or scrap
storage or bailing of paper, rags or
metals" and by inserting iu Article
VIII, Section 1, Use Regulations,
Subdivision "(9) Juuk or scrap
storage or bailing of paper, rags or
metals," said ordinance having been
passed upon first and second read-
ings on February 17th, 1942, and or-
dered placed on file with the City
Clerk for public inspection for at
least one week before its final adop-
tion, presented and read a third
time.
Ordinance No. 9-42
An Ordinance amending and
changing the Zoning Map of the
City of Dubuque as provided by
Ordinance No. 3-34, designated
"Zoning O~'ciinauce of the City of
Dubuque" by striking from Article
VII, Light Industrial District, Sec-
tion 1, Use Regulations, Subdivision
"(2S) Junk or scrap storage or bail-
ing• of paper, rags or metals" aucl by
inserting iti Article VIII, Section 1,
Use Regulations, Subdivision "(9)
Juuk or scrap storage or bailing of
Paper, rags or metails."
Wherefore, the Planning and Zou-
ing Commission of the City of Du-
buque has recommenclecl that the
Plannitg and Zoning, Ordinance of
the said City be changed so as to
permit the use of buildings and
premises for junk or scrap storage
or bailing of papers, rags or metals
upon the approval of the Board of
Adjustment.
Whereas, notice of such proposed
change has been published as pro-
aiclecl by law and an opportunity af-
forclecl to any and all parties inter-
ested and citizens to object thereto
at a public meeting held at 7: SO p.
nt., February 17th, 1942.
SVhereas, uo objections have been
filed or trade to the Proposed
changes:
1Vow, Therefore, Be It Ordained
by the City Council of the City of
Dubuque:
Section 1. That the Zouiug Map
of the City of Dubuque be and the
same is hereby amended and
changed as follotivs:
By striking fi•om Article VII,
Light Industrial District, Section 1.
Use Regulations, Subdivision "(2S)
Jtutk or scrap storage or bailing of
papers, rags or metals" and by aclcl-
ing to Article VIII Heavy Industrial
~'
3~- special session, F~ebruar}~ 2~th, 19-2
',
I District, Section 1, Use Regulations,
II~',~ ' Subdivision "(9) Junk or scrap
storage or bailing of papers, rags or
metails."
'~ Sec. 2. This Ordinance shall be
C in force and effect ten days from
~~r
I adoption
and after its final passage
,
I
i';' ,
and approval by the City Council
and publication as provided by laiv.
I~ I I',' Passed upon first and second
I ~,II, readings this 17th clay of February,
i'J'j,' I 1942.
Passed, acloptecl and approved on
final reading this 24th clay of Feb-
~~ ruary, 1942.
Ip"
'
,I
4
;j FRANK VAN DUELMAN,
.
i
I Mayor.
;"~ I F. W. THOMPSON,
ALBERT tiVIIARTON,
I
I B. A. SCHUELLER,
~,
;,
' GEO. R. MURPHY,
,
~P
~
.
i,'
~ Councilmen.
i
i
„
' Attest: J. J. SHEA,
!''i,' City Clerk.
'i,~'~,
'' Published officially in The Tele-
,,
",
I graph-Herald newspaper this 26th
~~?~,,,I
~', I clay of February, 1942.
p,; ', J. J. SHEA,
;' I, „ City Clerk.
il
I,
i;,'~~ i;,,,
~ Councilman Thompson moved the
i i~'I ;,,
~ y', adoption of the Ordinance. Secoud-
I a
h ~ ;
' i~l; "''
'
'
ed by Councilman Murphy. Carried
I'
; ',
t,;
~, I„ ~i
r~,,,i,
by the following vote:
~ ilk ~ ' ^'~'
'
l
I Yeas-Mayor Van Duelman, Couu-
I I i
i
' cihnen Murphy, Schueller, Thomp-
, . ! „, son, Wharton.
',, ~ !, ~'yi,'ll'; IrTays-None.
i i ~~ ,„,~~' ~ Ordinance No. 10-42. An Ordin-
i' ,' '1 !'~' I ante amending an Ordinance en-
'll ~'"°~~ titled "Ordinance No. 99 changing
~ ~i ~~ the names of Streets and Avenues
~ I I„~
,
";I;,~~ i
i within the City of Dubuque" by
I
~ 1
' ~;,;',
~ changing the name of Dodge Street
I ; I;€
•
I running North and West from
'
;~ ,f
,,
',,
l
i',,'~,, ~ where Dodge Street intersects with
~
~ i,
l
~
,'I„~,~,!,I~ ;I~, Fremont Street to the name of
(~, ;j~'d'' ill' Lombard Avenue, presented and
ip ,.,l,,, i' read.
~ ~"'?`
'
i
I Councilman Thompson move d
.
i.
~
l l,'
's!i ' "
that the reading just had be con-
i
Sf,~ij;" sidered the first reading of the or-
`,II';;,~i;C', dixxance. Seconded by Councilman
'i,.!,i!f~'"',~'li ' Wharton. harried by the following
il
, vote:
l
;
I
f
~
I Yeas-Mayor Van Duelman, Couu-
~
+
ll''~,
!'I„ Thomp-
cihnen Murphy, Schueller
~~;",''~~'; '' ,
son, Wharton.
'~, ~,'~','~, Nays-None.
I
I
I Councilman Thompson move d
, it that the rules be suspended requir-
f „
I!, I, , ing an ordinance to be read on thres
j
I
~ separate days. Seconded by Coun-
~~I'"
'
°j~' ' ~ oilman Wharton. Carried by the
~i ~i ; ~ ! ;, following vote:
~f ,ll„~,~„ ~, Yeas-Mayor Van Duelman, Coun-
j ~y,;~: '~~~
, cihnen Murphy, Schueller, Thomp-
~ .li'.'' i son, Wharton.
,i J, ; Nays-bone.
' '' ~ ' The ordinance zvas then read a
i1 ~
€ , i;~'~.; ~, h '
,.a~ !,
second time. Councilman Thomp-
son moved that the reading just had
be cousiclerecl the second reading ot"
the ordinance. Seconded by Couu-
cilman Wharton. Carried by the
following vote:
Yeas-Mayor Vau Duelman, Coun-
cilmen Murphy, Schueller, Thomp-
son, Wharton.
Nays-None.
Councilman Thompson move d
that the ordinance be placed ou
file with the City Clerk for public
inspection for at least one week
before its final adoption. Seconded
by Councilman Wharton. Carried
by the following vote:
Yeas-lIayor Van Duelman, Conn-
cilmen -lurphy, Schueller, Thomp-
son, Wharton.
Nays-\TOne.
There being no further business,
Councilman Thompson moved to ad-
journ. Seconded by Councilman
Wharton. Carried by the following
vote:
Yeas-Mayor Van Duelman, Coun-
cilmen LtIurphy, Schueller, Thomp-
son, Wharton.
Nays-None.
Approved .....................................1942.
Adopted .......................................1942.
J. J. SHEA,
City Clerk.
Councilmen: ~ ......................................
Attest : ................................................
City Clerk.