1942 April Council Proceedings' ~i
te~
i
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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.
--
,: "'
~~
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i
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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
'' '~
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i
4
9E
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~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.