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1942 April Council Proceedings' ~i te~ i i`{ Regular Session, April 6th, 19=12 89 (Official.) Regular Session, April 6th, 1942. Council met at 7:30 P. M. Present-Mayor 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 and also the first meeting of the fiscal year for the transaction of such business as may properly come before the meet- ing. Councilman Thompson move d that Councilman Wharton be elect- ed Mayor for the ensuing year, Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas-Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son. Nays-None. Councilman Wharton not voting. City Clerk J. J. Shea then swore in the newly elected Mayor, where- upon Mayor Wharton took the Mayor's chair. Resolution No. 3612 A resolution providing for the ap- pointment of officers of the City of Dubuque; prescribing their salaries and filing their hoods. Be It Resolved by the City Coun- cil of the City of Dubuque that the following officers be appointed, subject, however, to the right of the Council to declare such offices va- cant or remove the officers there- from at the pleasure of the Council with or without cause, and to be paid the compensation provided for in the budget, and the following bonds shall be provided by such of- ficers at the expense of the individ- ual officer: City Manager, A. A. Rhomberg, $5,000.00; City Solicitor, John J. Kintzinger, hood $1,000.00; City Clerk, J. J. Shea, bond $1,000.00; Police Judge, Louis Fautsch, bond $1,000.00; City As- sessor Harry J. Hanover, bond $500.00. Passed, adopted and approved this 6th day of April, 1942. ALBERT WHARTON, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays-None. Mayor Wharton then swore in the newly appointed officers: City Man- ager A. A. Rhomberg, City Solicit- or Jolm J. Kintzinger, City Clerk J. J. Shea and City Assessor FIarry J. Hanover. Resolution No. 37-42 A resolution appointing the Board of Review and fixing the compensa- tion of the members thereof. Be It Resolved by the City Coun- cil of the City of Dubuque that the following named persons be ap- pointed the Board of Review of the City of Dubuque for the year 1942: John H. Weimer, Thomas J. Hill and Joseph M. Conley. Be It Further Resolved that each of the above named members of the said Board of Review be paid the sum of $200.00 in full compensation for all services to be rendered by them in the performance of their duties, said sum to be paid from the General Fund. Passed, adopted and approved this 6th day of April, 1942. ALBERT WHARTON, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, B. A. SCIIUELLER, GEO. R. MURPHY, Comrcilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas-Mayoa• Wharton, Couucil- meu Murphy, Schueller, Thompson, Van Duelman. Nays-None. Resolution No. 38---42 A resolution designating the de- positories for public funds of the City of Dubuque. Be It Resolved by the City Coun- cil of the City of Dubuque that the following banks be appointed de- positories of the public funds, and the City Treasurer is hereby auth- orized to distribute such funds in such banks iu amounts not to ex- ceed the following: First National Bank, $200,000.00; American Trust and Savings Bank, $175,000.00; Du- buque Bank and Trust Company, $125,000.00. Be It Further Resolved that the _ City Treasurer be and he is hereby directed to file with the Count; Treasurer of Dubuque County, Iowa„ i 90 Pe~ular Session, April nth, 19-t? a list of such depositories aucl to keep such list on file with such County Treasurer at all times. Passed, adopted and approved this 6th clay of April, 1912. ALBERT WHARTON, Mayor. FRANK VAN DUELNIAIV, F. ~V. THOMPSON, B. A. SCHUELLER, GEO. R. MURPHY Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Murphy. Carried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays-None. Resolution No. 39-42 A resolution selecting the official newspaper of the City of Dubuque. Be It Resolved by the City Coun- cil of the City of Dubuque that the Telegraph-Herald, a daily news- paper of general circulation in the City of Dubuque, be and it is lxereby designated and appointed the offic- ial newspaper of said City. Passed, acloptecl and approved this 6th clay of April, 19-12. ALBERT WHARTON, -Iayor. F. W. THOMPSON, FRANK VAN DUELIVI.IN, B. A. SCHUELLER, GI~]O. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Cotuicilmau Murphy m o v e d the atloptiou of the resolution. Second- ed by Cowtcilman Schueller. Car- ried by the following' vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays-None. April 6, 1942. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: As City Manager of the City of Dubuque, the under- signed begs to advise your honor- able body that all officers and em- ployees whom he has the power to appoint, who are now serving and acting in their respective capacities and assisting in the orderly admin- istration of the City government of this City and of the various depart- ments thereof, said officers and em- ployees being under my supervision, direction and control and their ap- pointments continuing at the pleas- ure of the Manager, shall be paid salaries in accordance with the lnui- get approved by the City Council. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman IVIurphy moved that the communication of City Manager Rhomberg be received and made a matter of record. Seconded by Councilman Thompson. Carried by the Yollowing vote: Yeas -11layor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays-None. Des Ploines, Iowa, April 2, 1942. B. A. Schueller, Commissioner, City of Dubuque, Dubuque, Iowa. Please advise by Western Union what action taken by City to our letters of March 21st on Special Assessment Bonds. CARLETON D. BEH CO. Councilntau Murphy moved that the telegram be treacle a matter of record. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas-lIayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays-None. March 21, 1942. -Ir. John J. riintzing'er, City Attorney, Dubuque, Iowa. DUBUQUE STREET IMPROVE- -IENT BONDS Dear Mr. I~intzinger: Your tele- phone call this morning advised that my report on eiamina,tion of transcript in connection with the ~b,000.00 of bonds in the above mat- ter was referred to you. I further understood that you have concluded that, clue to the defect in the notice of the sale of bonds, it is proposed to suggest to the City that the bonds be readvertised for sale. I have communicated your sug- gestion to the Carletmi D. Beh Co., and the Company has authorized me to advise you and the City that it will be satisfactory to them for the bonds to be again offered for sale. Will you kindly forward to the Beh Company advice of the nevr date of the Proposed sale? The papers submitted are being retained pending the results of the above proposed action. Very truly yours, HNR:JB H. N. ROGERS. Councilman Murphy moved that the communication be made a mat- ter of record. Seconded by Council- Rc~ular ~essiun, _~uril (i:h, 19-l2 91 man Thompson. Carried by the fol- lowing vote: Yeas-Mayor TVharton, Council- men Murphy, Schueller, Thompsmi, Van Duelman. Nays-None. Notice of Claim of Mrs. Elizabeth Jones in the amoumt of $75.00 for in- juries received in a fall of an icy sidewalk on Broadway in front of the Clarence Carney residence, pre- sented and read. Councilman Van Dueltnan moved that the claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Schueller. Carried by the following vote: I eas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duehnau. Nays-Noce. Communication of the Coutineu- tal Casualty Company submitting Certificate of Compliance for the transaction of Fidelity aucl Surety business in the State of Iowa fur the year ending March 31, 1943, pre- sented and read. Councilman Thompson move d that the eonunuuicatation and Cer- tificate of Compliance be received and placed ou file. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays-None. Petition of The News Publishing Company, publisher of The Dubuque News, petitioning the City Council to select and appoint theta to print, in pamphlet form, the Council pro- ceedings, presented and read. Councilman Murphy moved to ra- fer the 1>etition to the Council. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Wharton, Council- man Murphy, Schueller, Thompson, Van Duelman. Nays-Noce. Petition of Lester E. Wilbricht et al., requesting the installation of a street light at Foye Street and Mer- chants Lane, presented and read. Councilman Van Duelnan moved that the Petition be referred to the Council to view the grounds. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas-Mayor Wharton, Council- men Nhu•phy, Schueller, Thompson, Van Duelman. Nays-None. April 6, 1942. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have approved the following bonds and desire to have your ap- proval on same for filing: PERSO\TAL Albin A. Rhomberg, City iVlan- ager; Continental Casualty Com- pany. Otto F. Bethke, Electrical In- spector; Continental Casualty Com- pany. Daniel J. O'Leary, Plumbing' It?- spector; American Suretyl Com- pany. Paul Rossiter, Building Commis- sioner; Continental Casualty Com- pany. J. J. Shea, City Clerk; Mass. Bonding and Insurance Company. John J. I~intzinger, City Solicit- or; Mass. Bonding and hisurance Company. Geraldine L. Demkier, Secretary to City Manager; Continental Cas- ualty Company. Robert P. Marshall, City Auditor; Mass. Bonding and Insurance Com- pany. Harry J. Hanover, City Assessor; U. S. Fidelity and Guaranty Com- p any. John Joseph Hail, Superintendent and Cashier of Water Department; lIass. Bonding and Insurance Cout- parry. Edward M. Tschirgi, Accountant. tiVater Department; Mass. Bonding and Insurance Company. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Thompson m o v e ~l that the bonds be approved and placed on file. Seconded by Coun- cilman i4lurphy. Carried by the fol- loiving vote: Yeas-Dlayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays-None. Ordinance No. 14-42. An Ordin- ance atilencling and changing the Zoning Map of the City of Dubuque as proviclecl by Ordinance No. 3- 34 designated "Zoning Ordinance of the City of Dubuque" so as to change to "Light Industrial Dis- trict" certain defined territory now being' delimited as "Multiple Resi- dence District" and "Local Business District," said ordinance having been passed upon first and second reading's on March 27, 1912, 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. 14-42 An Ordinance amending and changing the Zoning Map of the City of Dubuque as provided by Or- A2 Regular Session, April 6th, 1912 dinance No. 3-34 designated "Zon- ing Ordinance of the City of Du- buque" so as to change to "Light Industrial District" certain defined territory now being delimited as "Multiple Residence District" and "Local Business District." Whereas, it is deemed advisable by the City Council to amend the Zoning Map of the City of Dubuque as provided by Ordinance No. 3-34 designated as "Zoning Ordinance of the City of Dubuque" so as to change to "Light Industrial Dis- trict" certain territory hereinafter described, now delimited as "Multi- ple Residence District" and "Local Business District"; and Whereas, notices of such pro- posed change have been published as provided by law and an oppor- tunity afforded to any and all in- terested parties and citizens to ob- ject thereto at a public meeting held at 7:30 P. M. on the 5th day of January, 1942, in the Council Chamber in the City Hall; and, Whereas, no objections have been filed or made to the proposed change. Now, Therefore, Be It Ordained by the City Council of the City of Dubuque: Section 1. That the Zoning Man and Zoning Ordinance of the City of Dubuque be and the same is hereby amended and changed as follows: By changing from "Multiple Resi- dence District" and "Local Business District" to "Light Industrial Dis- trict" the area described as follows: The area bounded on the southerly side by the center lice of Dodge Street, on the northerly side by tl?e south property line of City Lot No. 580, on the easterly side by the center line of the alley first east of Bluff Str°eet a,nd on the westerly side by the center line of Bluff Street. Sec. 2. This Ordinance shall be in force and effect from and after its final passage, adoption, approval by the City Council and publication as by law provided and when the costs and expenses of publication have been paid by the parties apply- ing therefor. Passed upon first and second readings this 27th day of March, 1942. Passed, adopted and approved an final reading, this 6th day of April: 1942. ALBERT WHARTON, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Published officially in The Tele- ;raph-Herald newspaper this 8th lay of April, 1942. J. J. SHEA, City Clerk. Councilman Van Duelriian moved the adoption of the ordinance. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelmau. Nays-None. Resolution No. 40-42 Whereas, applications for Class "B" Beer Permits have been sub- mitted to this Council for approval and the same have been examined: Naw, Therefore, Be It Resolved by the Council of the City of Dubuque that the follow- ing applications be and the same are hereby approved and it is or~ dered that the premises to be occu- pied by such applicants shall be forthwith inspected. CLASS "B" PERMIT Name. Address. Joseph tiValsh and Helen Walsh, 21 West 7th Street. .Iacob Hedrick, 1236 Iowa Street. C. R. Nelson and Alice Nelson, 431 Rhomberg Avenue. Ellas Mihalas and Ruby NIihalis, 574 East 16th Street. Lester A. ZVieser and Adele B. Wieser, 1944 Central Avenue. Elmer Eppley and Eileen Eppley (Transfer of address from 1 Locust Street), 504 Central Avenue. Passed, adopted and approved this 6th day of April, 1942. ALBERT WHARTON, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the resolution. Second- ed by Councilman Murphy. Carried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelmau. Nays-None. Resolution No. 41-42 Whereas, heretofore applications were filed by the within named ap- plicants for Class "B" Beer Permits and they have received the appro- val of this Council; and Whereas, the premises to be oc- cupied by such applicants have been inspected and found to comply with the ordinances of this City and Regular Session, April 6th, 19.12 93 they have filed a proper bond: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the Man- ager be and he is hereby directed to issue to the following named ap- plicants aBeer Permit: CLASS "B" PERMIT Name Address Joseph Walsh and Helen Walsh, 21 West 7th Street. Jacob Hedrick, 1236 Iowa Street. C. R. Nelson and Alice Nelson, 431 Rhomberg Avenue. Ellas Mihalas and Ruby Mihalas, 574 East 16th Street. Lester A. Wieser and Adele B. Wieser, 1944 Central Avenue. Elmer Eppler and Eileen Eppler (Transfer of address from 1 Locust Street), 504 Central Avenue. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 6th day of April, 1942. ALBERT WHARTON, Mayor. F. W. THONIPSON, FRAI~TK VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the resolution. Second- ed by Couucihnan Schueller. Car- ried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays-None. 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 Couucii. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Wharton, Council- men DZurphy, Schueller, Thompson, Van Duelman. Nays-Noce. Nliss Wilma Nickles, Teacher, Washington Junior High School, and boys and girls members of civic classes, also Miss Treuk and meut- bers of the Public Affairs Com- mittee of Y.W.C.A. were present in the Council Chamber. Members of the Civic class addressed the Coun- cil asking questions relative to the Annual $udget and the Tax Levy. Their questions were answered and explained by City Manager Rhom- berg. Councilman Murphy moved that. Council recess. Seconded by Couu- Gilman Thompson. Carried by the following vote: Yeas-Mayor Wharton, Couucil- meu Murphy, Schueller, Thompson, Van Duelman. Nays-None. Council recessed at 8:05 P. '-T. and reconvened at 8:35 P. M. February 24, 1942. Mr. J. J. Shea, City Clerk, Dubuque, Iowa. DUBUQUE, IOWA, STREET IMPROVEMENT BONDS. Dear Mr. Shea: This will acknowledge receipt of the transcript forwarded with your letter of February 18, 1942, in the above matter and, upon examine; tion, kindly permit me to call atten- tion to the following: 1. Showings should be submitted to supplement the transcript indi- cating whether the Council meet- ings at which the street improve- ment matters were considered were regular or special sessions and, if special, showings should be sup- plied of timely service of proper call of such meeting, designating the time, place and purpose. The meetings particu]arly referred to are those of September 2 and 22, October 10 and 22, December 1 and 26, 1941. In showing the roll call a figure 1 and a figure 2 have been noted in front of certain Councilmen's names, tivhich apparently indicate that the Councilman with the figure 1 preceding his name made the mo- tion and the other Councilman where the figure 2 appears second- ed the motion. Let your certificate confirm this assumption if it be correct. 2. Resolution 117-41 overruling objections and approving plans, specifications and contract recites that the meeting of September 22, 1941, at which the resolution was adopted, was a special meeting held at 8:45 o'clock P. M. The publish- ed notice of the hearing and reso- lution 107-41 both show that the hearing aucl Council meeting was to be on the elate mentioned at 7:30 o'clock P. M. Kindly verify and supplement the record to show what action was taken at 7:30 o'clock P. M. 3. Minutes of the Council meet- ing and resolution adopted fixing the time and place of receiving bids and making the award for the con- struction should be submitted. (The resolution 118-41 ordering advar- tisement for proposals fails to fix the time and place of letting.) 4. Resolution 128-41 awarding contract for construction to Thomas 94 Regular Session, April 6th, 1942 Flynn Coal Company, passed Octrn her 22, 1941, recites that it was ap- proved October 10, 1941, and placed on file for one week. Show minutes of meeting of October 10, 1941, and proceedings then had to that effect. 5. The bid of the only contractor, Thomas Flynn Coal Company, was $19,308.10, and the contract was awarded accordingly. Section 6006 of the Code of Iowa requires the construction bond to be in au amount equal to the contract price. The copy of the bond set out in the transcript is for $13,477.95 and re- cites that it is for 75% of the total contract price. Verify, for as the matter appears from the transcript, inadequate bond has been furnish- ed. Show action taken by the Coun- cil relating to approval of executed contract and contractor's bond. 6. Resolution 128-41 awarding contract, and Resolution 161--4? making the levy of special assess- ments, were each passed with three "I ea" votes and two "Nay" votes. Councilman Schueller and Council- man Van Duelmau voted against the award and the levy. If possible; it is desired that an explanation of their negative votes on these mat- ters be procured from these Coun- cilmen. 7. A certificate signed and sealed by the County Auditor should be furnished showing filing of a cer- tified copy of the resolution direct- ing the construction of the improve• went and a copy of the plat and schedule in his office, to show com• pliance with Section 6007 of the Code. (The certificate in the tran- script does not identify these mat- ters. ) S. The notice to bidders and the form of proposal included 100 cu. yds. class B concrete, 1,000 sq. ft. concrete sidewalks and 150 sq. yds. concrete driveways, in addition to other matters. The City Manager's certificate of November 20, 1941, re- cites that the work was completed in accordance with the contract anc! complies in every way with the plans and specifications, but the above several items are not includ- ed in the itemized list of work done. While the matters were on a unit basis, the certificate of completion shows 674 lineal feet of curb against a contemplated 300 lineal feet in the bid, 8,508 sq. yds. of sheet asphalt against a contemplated 5,422 sq. yds., 227.5 tons of binder against a contemplated 300 tons. Thus in two of the items that were performed by the contractor there is an un- usually large variation from the estimated amounts. Kindly have a certificate furnished by the Cit, Manager explaining this whop situation. 9. The transcript includes a copy of a petition for investigation of the performance of the contract pur- suant to Section 358 of the Code. The transcript further shows that the State Board of Appeal referred the matter to the Attorney General, but that the State Board took no other action whatsoever to show whether it would or would not com- ply with the petition. The Attorney General's opinion set out in the transcript is to the effect that the State Board of. Appeal is without jurisdiction to act. The Attorney General's opinion is based on the decision of our Supreme Court in the case of Schumacher vs. City of Clear Lake, 214 Ia., 34. The report of the City Clerk of the matter to the Appeal Board, however, refers to a copy of a petition filed with the Council objecting to the levying of special assessments and to the issuance of Special Assessment Bonds. Petitions to this effect are a different matter from the petition above referred to under Section 353 of the Code. 10. Minutes of the Council meet- ing and Proceedings had directing the giving of notice of intention to issue the bonds should be supplied. The notice of intention to issue the hoods which appears to have been published is pursuant to Sections 363 et seq. o£ Chapter 23 of the Code, as amended. Five or more taxpayers are Permitted under that law to file objections to the issu- ance of the bonds. As a petition of objections was filed, then the mat- ter of issuing the bonds should Nava been certified to the State Appeal Board. Showings of the petition in this connection referred to by the City Clerk and the action of Coun- cil aucl the State Appeal Board pur- suant thereto should be supplied. The Resolution 162-41 authorizing the bonds, iu the preamble, recites that all objections filed to the issu- ance have been considered and de- termined. If a proper petition was filed, then the determination would have to be by the State Board of Appeal as to whether the bonds might be issued. It is submitted that the question of issuing bonds and the jurisdiction of the State Board of Appeal on the matter of issuing bonds was not involved in or decided by our Supreme Court in the case of Schumacher vs. City of Clear Lake above referred to. 11. The transcript sets out a cer- tificate of special assessment which fails to set forth those matters re- v quired by Section 6034. It appar- Regular Session, April 6th, 192 9~ i ently refers to Section 825 of the old law instead of Section 6032. As the certificate is worded, those as- sessments not having proper waiv- ers would all be payable with the March, 1943, semi-annual tax pay- ment. This is not in accordance with said Section 6032. It is impos•t- ant, therefore, that a proper certif• icate and setup of the installment payments of the unpaid assessments be furnished the County Auditor and to the County Treasurer fm' collection. Perhaps such has been done, but an explanatory or cor- rected certificate should be sup- plied. 12. Minutes of Council meeting of February 11, 1942, and action taken with respect to sale of bonds and showing award should be sub- mitted. Notice of the sale of bonds, as shown by affidavit in the tran- script, refers to the date of the sale as 10 A. M., February 11. The no- tice should have recited the year as well as the day and month. In view of this omission, showing should be furnished as to the number of bid- ders who attended the sale and bid for the issue of bonds. 13. The resolution authorizing the bonds was for an issue of $13,539.45. Bonds to the amount of $8,000.00 of certain numbers only were offered for sale. It is assumed that the balance of the bonds pro- posed to be issued will be canceled and not issued. Kindly show Coun- cil action to this effect. Showing should be submitted to show the condition of the special assessments against which bonds are being is- sued, as follows: Amount of assessments front which appeals were taken, if any. Amount of assessments paid in cash, including assessments of less than $10.00. Amount of unpaid assessments to be paid in installments a g a i n s t which bonds are to be issued. Please bear in mind that assess- ments antler $10.00 and assessments against City property cannot be in- cluded, in the amount against which bonds are issued. In view of the fact that probably many assess- ments have been paid which ac- counts for the reduction of the amount of the issue, a list of the unpaid assessments against which the bonds are to be issued should be furnished. The preliminary sche- dule sets out valuation of the pro- perties assessed but the printed headings would indicate that the valuation is one-fourth of the value of the property. There is no legal reason why the valuation should be one-fourth of the total value filed by the Council. It is noted that many of the assessments are in ex- cess of 25% of the valuation report- ed and in some cases the assess- ment is in excess of the value of the property as shown. No value is shown for Lot 7 of Subdivision 8 of M. L. 73. These matters should be cleared up as fully as possible. As to list of assessments against which bonds are to be issued, there should be Furnished a certificate showing that there are no appeals pending, prayed or threatened as to such assessments and that there are no unredeemed tax sales against the properties so assessed, and that there have been no orders received by the County Treasurer from the Board of Supervisors for the sus- pension of the collection of taxes against any aged or infirm persons whose properties are affected by said special assessments. 14. The usual papers showing• ab- sence of litigation and that unpaid assessments in an amount equal to or greater than the amount of bonds being delivered, together with an executed bond, will need to be sub- mitted. Very truly yours, H. N. ROGERS. Councilman Schueller moved that the conununication be made a mat- ter of record. Seconded by Council- man Van Duelman.` Carried by the following vote: I eas--Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays-None. Des Moines, Iowa, Alarch 18, 1942. IVIr. J. J. Shea, City Clerk, Dubuque, Iowa. Dear Mr. Shea: In connection with your issue of Dubuque Street Improvement Bonds, we are ad- vised by our Attorney, Mr. H. N. Rogers, that he has not yet heard anything from you in reply to his letter of February 24, in which he requested from you certain show- ings in connection with the proceed- ings covering these bonds. We would very much appreciate it if you would advise us if the pro- ceedings can be made to comply with his request. We enclose a stamped addressed envelope and will appreciate hear- ing from you at your earliest cor!- venience. Very truly yours, M. J. BORLAS. Carleton D. Beh Co. Councilman Schueller moved that the communication be made a mat- 96 Regular Session, April 6th, 19-2 ter of record. Seconded by Cou_i- cilman Van Duelman. Carried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays-None. J. J. SHEA, City Clerk. Approved ..................................1942. I~Tays-None. Des Moines, Iowa, March 21, 1942. Mr. John J. Kintzinger, Room 1107 Dubuque Building, Dubuque, Iowa. Dear Mr. Kintzinger: We ad- dressed aletter to J. J. Shea, City Clerk of Dubuque, asking for addi- tional showings and information on the transcript of the Special Assess- ment bonds, and not having heard anything from him for eight or ten days, we wrote him again. This morning eve had a letter from him advising that we should address uur inquiry at this time and future cor- respondence to you. We are there- fore awaiting information from you, and trust that the transcript will be completed in accordance with our Attorney's wishes and forwarded to us at once. Sincerely yours, CARLETON D. BEH. Carleton D. Beh Co. Councilman Schueller moved that the communica~iou be made a mat- ter of record. Seconded by Coun- cilman Van Duelman. Carried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. 1Vays-None. Councilman Schueller requested that the record show that there were no written answers to the three conununications. Councilman Thmnpsou move d that the City Treasurer be instrucc- ed to readvertise for the sale of $8,000.00 Special Assessment Bonds issued for the paving• of West Turd Street. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Wharton, Couucil- men Murphy, Schueller, Thompson, Van Duelman. Nays-None. There being no further business, Councilman Thompson moved to adjourn. Seconded by Councilman Schueller. Carried by the following vote: Adopted ....................................194L. Councilmen: ~ ...................................... Attest : ................................................ City Clerk. Special Session, April 8th, 192 97 (Official) Special Session, April S, 1942, Council met at 7:30 P. M. Present-Mayor Wharton, Coun- cilmen Murphy, Schueller, Thomp- son, Van Duelman, City Manager Rhomberg. Meeting called by order of Coun- cilmen Van Duelman and Thomp- son. Mayor Wharton read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of appointing a member of the Civil Service Com- mission for the term expiring illarch 31, 1945, and acting on any other business as may properly come before a regular meeting of tite City Council. Councilman Van Duelman moved that the rules be suspended for the purpose of allowing any one pres- ent in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays-None. Au informal discussion was heicl by the Council with Mr. C. E. Dove, ATanager of the Interstate Power Company, regarding the proposed rerouting of the West Dubuque anti Seminary bus lines in order to give better service to St. Joseph Mercy Hospital and St. Anthony's Home. Mr. Dove advised Council that he would confer with the traction of. ficials of the Company regarding the proposed change. Conununicatiou of E cl w i n F. Strueber stating that he would ap- preciate Council consideration and support for appointment to the Civil Service Conunission, presented and read. Councilman Murphy moved that the conrmunicaticn be referred to the Council. Seconded by Council- man Schueller. Carried by the fol- lowing vote: Yeas-ilTayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays-None. Cotumunicatiou of Walter L. Bier- riug, Commissioner, State Depart- ment of Health, Des Moines, Iowa, extending invitation and suggesting that the City Physician or Local Health Officer be authorized to at- tend the annual meeting of the Iowa Public Health Association to be held in Des Moines, Iowa, on April 13 and 14, 1942, presented and read. Councilman Van Duelman moved that Dr. C. C. Lytle, Director of Health, be authorized to attend, at the expense of the City, the annual meeting of the Iowa Public Health Associafion to be held in Des Moines, Iowa, on April 13 and 14, 1942. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays-None. Resolution No. 42-42 Whereas, the City Council of the City of Dubuque Passed Ordinance No. 13-42, compelling the rail- road company to place a watchman at the crossig on East 29th Street, and Whereas, said Ordinance has been duly passed and a copy thereof served upon Chicago Great Western Railroad Co., and Whereas, the said Chicago Great Western Raiiroad Co. has failed and neglected to comply with the terms and provisions of said Ordinance, and Whereas, the said City Coutictl deemed it necessary that legal steps be taken to compel compliance with said Ordinance. Now, Therefore, Be It Resolved by the City Council of the City of Dubuque: That the City Solicitor be, and he is hereby directed, authorized and empowered to commence and con- duct whatever legal proceedings are necessary to secure compliance with Ordinance No. 13-42. Passed, adopted and approved this Sth clay of April, 1942. ALBERT WHARTON, Mayor. F. W. THOMPSON, FRANK VAN DUEL-IAN, GEO. R. MURPHY, B. A. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Schueller moved the adoption of the resolution. Seconcl~ ecl by Councilman Murphy. Carried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays-i\TOne. Councilman Van Duelman moved that the Council proceed by ballet on the appointment of a member of the Civil Service Commission for the term expiring March 31, 19:5. -- ,: "' ~~ I I i ~! i. ~} 4 _. If }h~~ ,~~;~,y - 1111 j, ~'''~" _7 ~_' '~ i,' ', ~~~'`~. 98 Special Session, April nth, 19-}2 Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Wharton, Council- men ItiIurphy, Schueller', Thompson, Van Duelman. 1\Tays-None. Councilman Thompson placed in nomination the name of Louis J. Lagers ; Councilman Schueller' placed in nomination the name of John Schaetzle; Councilman Mur- phy Placed in nomination the name of Edwin F. Strueber. Upon first ballot Louis J. Lagers received one vote; John Schaetzle received two votes; Edwin F. Strueber received two votes. 'iTpon second ballot John. Schaetzle received one vote; Edwin F. Strueber received four votes. Mayor Wharton then stated that Edwin F. Strueber having received four votes that he be declared ap- pointed as a member of the Civil Service Conunission for the term expiring March 31, 1948. There being no further business. Councilman Murphy moved to acl- jaurn. Seconclecl by Councilman Van Duelman. Carried by the fol- lownig vote: Yeas-Mayor Wharton, Council- men 17urphy, Schueller, Thompson, Van Duelman. Nays-None. ................................... City Clerl~. ~~~ Special Session, April 21, 1942. Council met at 7:30 P. M. Present-Mayor Wharton, Cowi- cilmeu Murphy, Thompson, Van Duelman, City Manager Rhomberg. Absent-Councilman Schueller. Meeting called by order of Coun- cilmen Thompson and Van Duel- man. 1Vlayor Wharton read the call and stated that service thereof had bean duly made and that this meeting is called for the Purpose of conducting a public hearing upon a Proposal to amend and change the Zoning MaP and the Zoning Ordinance by chang- ing the area adjoining and abutting D~It. Pleasant Street between Loras Boulevard and University Avenue froth "Single Family Residence Dis- trict" to a "Two Family Residence District" and acting on any other business as tray properly come be- fore aregular meeting of the City Council. ProoF of pui~lication, certified iu by the Publishers, of notice of a public hearing upon a proposal to antentl and change the Zoning Map and the Zoning Ordinance as the same applies to the area adjoining and abutting Mt. Pleasant Street between Loras Boulevard and Uui- versity Avenue from "Single Family Residence District" to a "Two Faun it}- Residence District," Presented aucl read. No written objections filed and no objectors Present in the Council Chamber. Councilman Schueller entered tll Council Chamber aucl took his seat at i :35 P. lI. Cotutcilntan lllurphy moved that the Proof of publication be received and filed. Seconclett by Councilman Thompson. Carried by the Folloty- iug tote: Yeas-:Mayor tiVharton, Councii- men -Iurph~-, Schueller, Thompson. Wharton. Nays-None. Ordinance No. 15-42. An Orclir!- auce amending and changing' the Zoning Nlap of the City of Dubuque as Provided by Ordinance No. 3-34 clesignafed "Zoning Ordinance of the City of Dubuque" so as to change to "Two Family Residence District" certain defined territory now clelimitecl as "Single Family Residence District," presented and read. Councilman Thompson move d that the reading just had be con- 1 4 F ,~, 2 ~i Special Session, April 21st, 19-12 99 sidered the first reading of the or- dinance. Secouclecl by Councilman Schueller. Carried by the following vote: Yeas-:Mayor ZVharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays-None. Councilman Thompson move d that the rules be suspended requir- ing an ordinance to be read on three separate days. Seconded by Coun- cilman Murphy. Carried by the fol• lowing vote: Yeas-Mayor Wharton, Couucil- men Murphy, Schueller, Thompson, Van Duelman. Nays-None. The Ordinance was then read a second tithe. Councilman Thompson move d that the reading just had be consid- ered the second reading of the Or- dinance. Secouclecl by Councilman Murphy. Carried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays-None. Couucilman Thompson move d that the Ordinance be placed on file with the City Clerk for public in- spection for at least one week b~^,- fore its final adoption. Seconclecl by Councilman Schueller. Carried by the following vote: Yeas-11~Iayor ~Vhartan, Council- men i4Inrphy, Schueller, Thompso::, Van Duelman. Nays-None. Notice of Claim of Leattora Schroeder in the amount of ~17.2C Por injuries recei~red in a fall on a. defective alley crosswalii on tla~= south side of 19th Street betweei: Jacicson and ,ZVashington Streets presented and read. Couucilman Van Duelman moved that tiie Notice of Claint be referred) to the City Solicitor for investiga- tion and report. Secmtcled by Couti- cilnan 1\Ittrphy. Carried by the fol- lo~eing vote: Yeas-Mayor Wbarton, Council- men .Murphy, Schueller, Thompson. Van Duelman. Nays-None. Conuntuiication of the Dttbttque Trades and Labor Congress sub- mitting the names of llr. Cliff Van Zile anti Mi•. V. Lincleuberg for Council consideration for appoint- ment on the Library Boarcl, Pre- sented and react. Councilman Murphy moved that the communication be referred to the Council. Seconclecl by Couucil- man Schtteller. Carried by the Yo. lowing' vote: Yeas-tiIayor Wharton, Councl- meu lTurphy, Schueller, Thompson, Van Duelman. I~Tays-None. Communication of Waldo Adams, Secretary of Dubuque Park Board, submitting the Bond of Charles T. Landon as Park Commissioner, pre- sented and read. Couucilman Thompson move d that the communication be received and filed and the Bond of Charles T. Landon as Park Commissioner be approved. Seconded by Council- man Murphy. Carried by the follow- ing vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompsot, Van Duelman. Nays-None. Communication of S. M. Golden, Vice-President of tie Chicago Great Western Railway Company, in re- gard to the installation of signals at 29th Street crossing and suggesting that they be permitted to keep a watchman on the crossing from 7 A. NI. to 6 P. M. every day except Sundays and holidays as it is im- possible to install crossing lights because of priorities, presented and read. Couucilman Thompson move d that the City Solicitor be instructed to reply to this communication and to commence proceedings according to the provisions of Ordinance No. 13-~I2 and Resolution No. 42-13. Secouclecl by Councilman Van Duel- man. Carried by the following vote: Yeas-1lTaZ>or ZVharton, Council- men Murphy>, Schueller, Thompson, Van Duelman. Nays-Noce. Petition of Shiloh Circle No. 37, Ladies of the Graucl Army of the Republic requesting permission for the holding of a tag clay May 18, 191°, presented and react. Councilman Van Duelman moved that the request be granted for some other date desirable to the Shiloh Circle and ou a date not to conflict with any other elate pre- viously granted. Seconclecl by Coun- cilman ?aTurphy. Carried by the fcl- lowing vote: Yeas-Mayor Wharton, CouuciT- tueu illurphy, Schueller, Thompson, Van Duelman. Nays-None. Petition of J. A. Reeg et al. re- questing the City of Dttbttque to re- frain Jal:e Lange from planting corn oft the lot located at the coi- ner of Broad`vay aucl llouroe Street as when the corn gets tall it ob- structs vision aucl creates a traffic hazard, presented anct read. Councilman Murphy moved that the petition be referred to the City '' '~ 'i i 4 9E ',i I;~I,E , " ~i~'~:: d~ I ~~{ ~ 10Q Special Session, April 21st, 1912 ,: t 1,,. . ` i „@-4 -' er to view the grounds and Mana al. taxpayers and property owners, h - . ;:;~,, ;-,` g to confer with Mr. Lange to see tf e interested iu the assessment for t ement of West Third Street I ~ , , ~ 1 "is t•t for would not use this grope Y lanting of corn. Seconded by th mprov as effecting the District involved 2 - r I e p Carried by n h , and particularly City Lot 73 ~` !~rfi ; - ,{ ' . ompso Councilman T following vote: th Water Works Reservoir, objecting ; i ,-;;-,-; k ~ I e Yeas-Mayor Wharton, Council- to the issue or sale of said bonds i r ~ ~ men Murphy, Schueller, Thompson, n and setting out various reasons support of their objections and i ~ ~: Van Duelmau. agai n demanding the removal from ` { ~ ~>_! [{ ~ ~~ Nays-None. re- nnors C office of City Manager Rhomberg , o Petition of Maude and City Solicitor I~intzinger also ;.;°~ ' ,, ferred to the City Council by the submitting attached communication , ! Board of Supervisors, requesting of Jas. F. Lee and Larry Fitz- ~ the suspension of the 1941 taxes on erald stating reasons for an iuves- ; ! ~ ~ of Lot S 1 feet 9 inches orth 6 the N g reet Third St t est f tl e W ti ation o g . ~i'',xg ' , ud ed a Sub. of City Lot 601, present presented and read. paving , read. , Councilman Schueller moved that ff Cotutcilman Thompson moved West Third Street Paving Con- the I E; referred to the that the petition be tract and everything relative to this _~:,~,', `,' ~ City Solicitor for investigation and contract be investigated. Seconded -,~ "!'` ~ ~ Gilman nded b Couu re ort. Seco Y p 1 tan. by Councilman Van Due n , ~ Murphy. Carrier by the following M o t i o u lost by the following I-. ;t ~ ~ ~,,' vote: Yeas-Mayor Wharton, Council- vote: Yeas-Councilmen Schueller and ,.,f. ~ men 1\Iurphy, Schueller, Thompson, Van Duelmau. ~' r Van Duehnan. Nays-Mayor Wharton, Couucil- ~ ' ~ '' I ~~ Nays-None. men Murphy and Thompson. {t !, { ~ } „ City Solicitor I~iutzinger sub- mitting verbal report on the peti- Mayor Wharton and Councilmen h t ~ ~ ~ ~} ~' ~ tion of Maucle Connors and recom a Murphy and Thompson stating t they were voting No at this time ~ ~ mending that the petition of Maude in order to have an opportunity to w ! ~ ` ~ ! i Connors be granted. Councilman Thompson moved read over the charges. ~, ~~ ~G i that the verbal recommendation of Bill of Jas. F. Lee Paving Co. iu ~ ~ 1 ~, r ~ ~ City Solicitor Kintzinger be ap- the amount of $95.07 for excavation th i ' E ~ '' proved and that the petition of n of 742.75 cu. ft. extra dep (f ~ ~ ' Maude Connors requesting suspen- trench between manholes INTO. 1 and ^ ' sion of the 1941 taxes on the North No. 5 in Fremont Avenue sewer at , ~~ ~_ j '' ~"~, 16 feet 9 inches of Lot S of Sub. of 11 cents, and to building 1.7 feet 7 G N ~I !' City Lot GOl be granted and the , os. extra depth on Manholes f '' ' ~ ,! ~ Board of Supervisors to be notified and S at $9.G3, also a bill iu the f d :;I ~ ~` of the action of the City Council. e- amount of $2G0.00 to expense o i R €k E i ~ Seconded by Councilman Murphy. lay in completion of sanitary sewers , pp ! E `~ Carried by the following vote: in Plum Street and in Fremont Ave- ~ ~ , I ! E`^' Yeas-Mayor Wharton, Council- Hue to inability to obtain services r~ ' ~ Schueller, Thompson, men Murphy of a union bricklayer for the build- ~S ~ ~ , Van Duehnan. ing of manholes as required in I;,;I,, fj . ;<„ ~ Nays-None. plans because of interference of the , , '`E '':">"',,.i;'':°'' ~ Heilman Vau Duelmau moved Cou Mtuiicipal Employees Union in ob- rin ~ the obtain- le g d hi '.} !,", - i reconsider their pre that Counc 1 nc structin an g ~ ~ . }'~ ~ ' vious action taken on the bills of ing of said ttnion bricklayers, pre- ~ Jas. F. Lee Paving Co. for extra seated and read. ~~ 3 ~,,; ~ ~ ' work on construction of sanitary nd also A Councilman Murphy moved that ed to the City So- f b s' venue a sewer in Fremont err e re the bills ' (., ,. l for delay in, completion oY the sari- licitor for investigation anct report. , ~ ~E ' ` ! ~ tart sewers in Plum Street and in Seconded by Councilman Schueller. ,: § '! i Fremont Avenue and also on the Carried by the following vote: F r t communication of Jas. F. Lee et al, yeas-11Iayor Wharton, Cotmcil- I. ~ objecting to the issue or sale of men Murphy, Schueller, Thompson, r ~, f bonds for the Improvement of West Van Duelma,n. ~ } ^I Third Street and submitting reasons Nays-None. ~4 :. ! " j , for an investigation of the West April 17, 1942. . Third Street Paving and that said To the Honorable Mayor and ~' '' - ~ record be stricken from the Council Members of the City Council, , , record. Seconded by Councilman Dubuque, Iowa. } _; Schueller. Carried by the following Gentlemen: This is to advise you >`. ' 1,1,E te: vo Yeas-Mayor Wharton, Council- , t f the Dubuque that the membe s o ted l _ ',-~ ' then Murphy, Schueller, Thompson, ec Police Department have se Patrolman ~~~illiam Stratton to I Van Duelmau. the Board of Police Retire- Nays-None. serve on !' went System to fill the vacancy of Communication of Jas. F. Lee et k' ~(, k~. k _~ 't ~~, t i Special Session, April 21st, 1912 101 Sergt. Frank Matz whose term has expired. Respectfully yours, JOS. H. STRUB, Chief of Police. Councilman Van Duelman moved that William Stratton be appointed to serve on the Board of Police Re- tirement System for a term of four years, said term expiring April 1, 1946. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays-None. April 10, 1942. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The attached peti- tion of W. L. Weidenbacher, Phys- ical Director of the Y.M.C.A., was referred to the Recreational Direct- or for investigation and report. Said petition requesting the use of ball fields, I beg to report that I have co?i<tticted an investigation and rec- onuneud that the Recreation De- partment be allowed the use of these fields on the following nights: Comiskey Field No. 1 and Comis- key Field No. 2 and Rafferty Field on Monday and Friday nights for our City League , and the same three fields on Tuesday and Thurs- day nights for our newly organized Recreation League, and the Athletic Field on Tuesday and Friday nights for the Major League. Besides this petition of W. L. Weidenbacher, the Boys Club is al- so seeking the use of these same fields, and there is a possibility of the Y.W.C.A. organizing a girls' soft ball league, and they will also want the use of the fields. This will leave the following fields available on the following nights to be pro-rated between the Y.NLC.A., Boys' Club and Y.W.C.A.: Washington Fielcl, Monday, Tues- day, Vdednesclay, Thursday and Fri- day nights; Jefferson Field, Mon- day, Tuesday, Weclnesclay, Thurs- day and Friday nights; Comiskey No. 1 Field and Comiskey No. 2, al- so Rafferty Fielcl on Wednesday nights, and the Athletic Fielcl on llouclay and Wednesday nights. I reconunencl that the Recrea- tional Director be authorized to al- lot the fields for the available time meutiouecl above in the ratio of the number of teams of the various groups seeking the use of the fields. Respectfully submitted CARL GRABOW, Recreational Director. Councilman Van Duelman moved that the rules be suspended for the purpose of allowing any one pres- ent in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Schueller. Carried by the following vote Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays-None. Mr. Carl Grabozv, Recreational Di- rector, addressed the Council rela- tive to his written recommendation as to the use of playing fields for the holding of ball games. Councilman Thompson move d that the recommendation of the Re- creational Director be approved. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays-Noce. Annual report of the Librarian of the Carnegie-Stout Free Public Lib- rary presented and read. Councilman Van Duelman moved that the Annual Report of the Lib- rarian be received and placed on file. Seconded by Councilman Mur- phy. Carried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. I~'ays-None. Annual report of Board of Lib- rary Trustees, Carnegie-Stout Free Public Library, for the year ending March 31, 1942, presented and read. Couucihnan Van Duelman moved that the Annual Report of the Board of Library Trustees be received and placed on file. Seconded by Coun- cilman Murphy. Carried by the fol- lowing vote: Yeas--Iayor Wharton, Council- men IVlurphy, Schueller, Thompson, Van Duelman. Nays-None. April 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 clra~vn during the month of March, 1942. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Murphy moved that the reports be received and placed on file. Seconded by Councilman 102 Special Session, April 21st, 142 Van Duelman. Carried by the fol- lowing vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays-None. Resolution No. 43-42 Be It Resolved by the City Coun- cil of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City, and the Manager is directed to issue such permit on behalf of said City. Name Address Joseph Amodeo, 2601 Jackson Street. M. L. Harwood, 2117 University Avenue. Elmer Eppler (Transfer of ad- dress from 1 Locust Street), 504 Central Avenue. Be It Further Resolved that the bonds filed with the applications be approved. Passed, adopted and approved this 21st day of April, 1942. ALBERT WHARTON, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor tiVhartou, Council- men A~Iurphy, Schueller, Thompson, Van Duelman. Nays-None. Couuuunication of Allan T. Day- kin, County Auditor, advising Coun- cil that the Board of Supervisors have accepted a bid of x50.00 oracle by NIr, and Mrs. John A. Brune on the North 60 feet of Lot S of M. L. 24, subject to the approval of the City Council, presented and read. Councilman Van Duelman moved that the communication be referred to the Council to view the grounds. Seconded by Councilman Murphy. Carried by the following' vote: Yeas-NTayor ~Vhartou, Council- men ItIurphy, Schueller, Thompson, Van Duelman. Nays-None. Councilman Van Duelman moved that the Council proceed to vote by ballot for the appointment of mem- ber of the Board of Library Trus- tees to fill the unexpired term of Charles McLean, deceased. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays-None. Councilman Van Duelman nomin- ated Mr. Cliff Van Zile. Councilman Schueller nominated the Rev. K. G. Schroeder. Councilman Thompson nominated Larry F. Sharon. Vote on first ballot-Cliff Van Zile re- ceived one vote, the Rev. K. G. Schroeder received two votes and Larry F. Sharon received two votes. Vote on second ballot-the Rev. K. G. Schroeder received three votes, Larry F. Sharon received two votes. Councilman Thompson move d that the Rev. K. G. Schroeder be appointed as a member of the Board of Trustees of the Public Library by unanimous vote of the Council to fill the unexpired term of Charles McLean, deceased, said term expir- ing July 1, 1943. Seconded by Coun- cilman Schueller. Carried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompsmi, Van Duelman. Nays-None. Councilman Murphy moved that Mayor Wharton be empowered to take whatever steps he feels neces- sary in the interest of securing war work for Dubuque industries and for the obtaining of new war indus- tries if possible. Seconded by Coun- cilman Thompson. Carried by the follotiving vote: Yeas-Mayor Wharton, Council- men Murphy. Schueller, Thompson, Van Duelman. Nays-None. Councilman Van Duelman moved that the Telegraph-Herald be ap- pointed to print the Council Pro- ceedings iu pamphlet form under arrangements to be made with the City Manager. Seconded by Couu- ciimau Murphy. Carried by the fol- lowing vote: Yeas-Mayor Wharton, Cou~cil- men itTurphy, Schueller, Thompson, Van Duelman. 1~Tays-None. There being uo further business, Councilman Van Duelman moved to adjourn. Seconclecl by Councilman Thompson. Carried by the follow- ing jrote: Special Session, April 21st, 1942 103 Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays-None. J. J. SHEA, City Clerk. Approved ..................................1942. Adopted ....................................1942. ...................................... Councilmen : ...................................... Attest : ................................................ ', City Clerk.