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1942 August Council ProceedingsRegular Session, August 3rd, 1942 157 (Official) Regular Session, August 3rd, 1942. Council met at 7:30 p, m. Present-Mayor «'harton, Coun- cilmen Schueller, Thompson, Van Duelman, City R'Ianager Rhomberg. Absent-Councilman Murphy. Mayor Wharton stated that this is the regular monthly meeting of the City Council for the purpose of acting upon such business as may Properly come before the meeting. Petition of Cleta E. Beckius, et al, taxpayers and residents, living in the vicinity of 19th and Elm Streets, petitioning the City Council to pro- hibit the operation of the Fox Roller Skating Rink in that district as it is a public nuisance, presented and read. Councilman Van Duelman moved that the rules be suspended for the purpose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Schueller. Carried by the following vote: Yeas-lllayor Z~Tharton, Coun- cilmen Schueller, Thompson, Van Duelman. Nays-None. Absent- Councilman Murphy. Miss Cleta Beckius, et al, addressed the Coun- cil in support of their petition and requesting that some action be tak- en to abate the nuisance as com- plained of in their petition. Coun- cilman Murphy entered the Council Chamber and took his seat at 7:45 p. m. Councilman Schueller moved that the petition be granted. Sec- onded by Councilman Van Duelman. Roll call on motion: Yeas-Council- men Schueller and Van Duelman. Nays-Mayor Wharton. Council- men Murphy and Thompson not vot- ing. After a discussion among the members of the Council on this mat- ter Councilmen Murphy aucl Thomp- son stated that they desired to re- consider their previous vote in which they were recorded as not voting and now requested to be re- corded as voting Nay. Roil call on the motion then showed: Yeas- Councilmen Schueller and Van Duel- man. Nays-Mayor Wharton, Coun- cilmen Murphy and Thompson. Mayor Wharton then declared that the motion was lost, Councilman Van Duelman moved that the City Solicitor be instructed to prepare a proper ordinance for the regulating and prohibiting of roller skating rinks, said ordinance to be Presented for Council consid- eration at a Special Meeting of the City Council to be held on Friday, August 7th, 1942. Seconded by Councilman Schueller. Carried by the following vote: Peas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nay s-None. Proof of publication, certified to by the publishers, of notice of a pub- lic hearing upon the Budget Esti- mate of Expenditures for the year beginning April 1, 1943, presented and read. Councilman Van Duel- man ruoved that the proof of publi- cation be received and filed. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays-1Vone. Petition of Jas. F. Lee, 409 Al- mond Street; A. L. Mutschler, 2460 Pennsylvania Street; T. A. Polsean, 706 Seminary Street, taxpayers, ob- jecting to the adoption of the pro- posed City Budget as published, for the reason that it is excessive in de- tail, and does not comply with the Budget Law as to legal require- ments and provisions, and for the further reason that individual as- sessments for real estate, personal property and moneys and credits, as returned by your Assessors and on which the proposed tax levy is bas- ed, is partial, prejudiced and unfair, inequitable, deficient and illegal, and for further reasons as will be more specifically set out in an ap- peal to the State Boax•d of Appeal, presented and read. Messrs. Jas. F. Lee, A. L. Mutschler and T. A. Pol- sean, signers of the petition, objec- tion to the adoption of the proposed Ciiy Budget as published appeared and were present in the Council Chamber at said public hearing. Councilman Schueller moved that the petition be received and filed. Seconded by Councilman Van Duel- man. Carried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nay s-Noce. City Manager Rhomberg submii- ting verbal recommendation, that on account cf an error in the printed publication of the notice of a public hearing upon the Budget Estimate of Expenditures for the year begin- ning April 1, 1943, that the City Council set a new date for the hold- ing of a public hearing upon the Budget Estimate of Expenditures for the year beginning April 1, 1943, and that a notice of said public hear- ing be again published in the official newspaper. -._I <.~ ~', `I; I~ ~~ i' is I{ ,, ~,~y,, ~l~' E`` ~',! i= ': ~`'-; ~.-_ 4c. , t ' ', i"I c i 3 I ~~ ~~~~ I"~~~~' ~~ t ~ I v • i II ,~~~ ~, 'i..` 't Et 158 Regular Session, August 3rd, 1942 BUDGET ESTIMATE AND RECORD OF FILING CITY ESTIMATE NOTICE-The City Council of Dubuque of Dubuque County, Iowa, will meet August 15th, 1942 at 2:00 P. M. at the City Hall. Taxpayers will be heard for or against the following estimate of ex- penditures for the year beginning April 1, 1943. A detailed statement of receipts and disbursements, both past and anticipated will be available at the hearing. J. J. SHEA, 8-4-1t. City Clerk. EXPEND FOR ITURES YEAR ,-+ rn ~ c~ ~ a h O vi , -~ N C i M ^ O cd v ^3 G o Ul .-i N O M .--IOM ~ '~' b +' N W ~ ~C " `~ . y d (tj V~ 'W ~ k m ~i ICI ~ t~ ~ %' rn ~ m fi c.1 LZI r~i~ ~ ~ `t~ ~ iy ri Fi 0.iWW,.~ WpW~ H , W H.-I O A ~'Ya~ General ...................$ 252,042 $255,244 $ 259,302 $.............. $ 73,500) Grading ................. 47,920 25,570 38,900 12,000 16,900) Improvement ... 67,763 4G,312 4ZG00 12,500 25,100) 243,80`L Sewer ........................ 2,101 2,930 5,700 _......._. _..........) Light ........_........._... 39,55G 36,917 36,300 ............) Consolidated Tax ....._ ..................... ..._..........._-....... ....$ 38S,302 $24,500 $115,500 $243,802 Waterworks ...... 143,5G7 152,067 175,550 20,000 155,550 _..._ ............. Garbage Disposal ..... 16,503 13,944 17,772 _ .... .......__ ......... 17,77`2 Snow Removal 5,630 5,477 6,291 ........... .. ... 6,291 Fire :Mainten- ance .................... 103,553 110,234 125,112 .._... 125,112 Fire Equip- ment ._............_ 860 ..,........ 12,47G ....... ... ...... 12,47G Road, (Agri. Land) 105 102 9:. ......... 92 DIain Sewer .... LG,343 17,291 13,115 _... ... 13,115 Library _. ... 29,383 30,690 33,093 _ ... __ `2,000 31,093 Paris .............__......... 21,f53 23,349 25,465 2,500 750 22,215 Playground ._..... 14,587 15,301 15,799 ..... .__..., 3,075 12,724 Dock Operation 31,123 22,431 29,S10 4,000 8,500 17,310 Firemen's Pen- sion ... .................. 19,091 19,276 20,354 1,000 800 13,554 Firemen's P.e- tirement .......... 1,690 5,393 `2,559 __............ .. _....... 'L,559 Policemen's Pension ........., 11,722 11,791 14,223 '2,000 600 11,623 Policemen's Retirement _ 597 3,708 1,706 ........_ . .................... 1,70E Emergency ......... 33,518 36,958 2,215 ........_._.. _.........._.. 22,215 Dock Bonds ...... 34,355 39,753 37,046 2,000 ............._. 35,046 General 13onds lOS,743 82,035 7G,f,G7 _..,....,.. ............. 7G,6G7 TOTALS .............$1, 032,720 $957,353 $1,018,147 $56,000 $2Sfi,775 $G75,372 Estimated Taxes per $1,000 .00 of assessed value $18.997. Taxable valuation (1941) . .................__...... ................. ..... ................._.. .................... $34,667,308 bloneYs and credi ts (1941) .................... .................................. ... . ...... .... $ 5,758,034 Moneys and credi ts (1941) _.........__.. ........ ................................... 2 Mills ._.. ......._......... 206,895 Flesolution No. 71-42 tiVhereas, the Council of the City of Dubuque has duly considered and caused to be prepared the Budget Estimate of Expenditures for the fiscal year beginning April 1, 1943, and ending March 31, 1944, as a basis for the tax levy for the year 1942, the same to be collected in the year 1943, and said budget having been duly approved by it; Now, therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that said Budget Estimate be and the same is hereby ordered filed in the office of the Clerk of Dubuque and the date of public hearing thereon is hereby fixed as the 15th day of August, 1942, at 2 o'clock p. m. in the Council Chamber in the City Hall. Be It Further Resolved that said Clerk be and he is hereby directed to cause said Budget Estimate of Expenditures and proposed tax levy to be published in the official news- paper of the City of Dubuque and an official notice to be given of the time and place when and where said Budget Estimate will be considered by said Council for final adoption, Regular Session, August 3rd, 19=12 159 at tivhich time and place taxpayers will be heard for and against said estimate, said publication to be not less than ten (10) days before said date of hearing. Be It Further Resolved that in lieu of all of the separate annual levies for the General Fund, the Grading Fund, the Improvement Fund, the Sewer Fund and the Elec- tric Light and Power Fund, there shall be levied one (1) tax which shall be designated as the "Consoli- dated Tax Levy." Passed, adopted and approved tizis 3rd clay of August, 1942. ALBERT WHARTON, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, Councilmen. Attest: J. J. SHEA, City ..^,lerk. Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas-Mayor Wharton, CouucIl- men Murphy, Schueller, Thompson, Iran Duelman. Nays-None. Notice of Claim of Mabel Fay in the amount of $102.19 for personal injuries sustained in a fall on a side- walk at 15th and Iowa Streets, near St. Patrick's Church, presented and read. Councilman Thompson moved that the Notice of Claim be referred to the City Solicitor for investiga- tion and report. Seconded by Coun- cilman Murphy. Carried by the fol- lowing vote: Yeas-Mayor Wharton, Council- men IVlurphy, Schueller, Thompson, Van Duelman. Nays-None. Notice of Claim of Mrs. Margaret Noel iu the amount of $105.45 `_br personal injuries sustained in a fall on an icy sidewalk on 8th Street near Main Street at Montgomery Ward Company store, presented and read. Councilman Schueller moved that the Notice of Claim be referred to the City Solicitor for investiga- tion and report. Seconded by Coun- cilman Thompson. Carried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays-Noce. Notice of Claim of the Dairy Des- patch Company in the amount of $51.G5 for damages sustained to a Truck tine caused in striking a man- hole in Levee Street, presented and read. Councilman Murphy moved that the Notice of Claim be referred to the City Solicitor for investiga- tion and report. Seconded by Coun- cilman Van Duelntau. Carrzecl by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. ivtays-None. Communicatimi of the League of Iowa P/Iunicipalities s u b m i t t i n g statement in the amount of $80.00 to cover annual dues in the League of Iowa Municipalities and also urg- ing Council to designate at least ene delegate to attend the annual con- vention to be held at Cedar Rapids, Iowa, on August 17th, 18th and 19th, presented and read. Councilman Murphy moved that the bill in amount off $80.00 to cover annual dues in the League be allowed anct that a warrant in the amount of $80.00 be ordered drawn covering the same and that the communica- tion be referred to the Council. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays-None. Petition of The Volunteers of America, requesting permission for the holding of their annual "Red Heart" tag day on August 22nd, 1942, presented and read. Council- man Schueller moved that the re- quest be granted for the holding of a tag day and that the Clerk be in- structed to notify The Volunteers of America to select any date other than August 22nd, 1942, for the hold- ing of their tag day. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Wharton, Couucii- men Murphy, Schueller, Thompson, Van Duelman. Nays-None. Petition of Charles and Ethel Bar- rett, requesting a refund on their cigarette permit as they have dis- continued business as of July 21st, 1942, presented and read. Council- man Thompson moved that the re- quest be granted and the City Audi- tor instructed to draw a warrant in the amount of $75.00 in favor of Charles and Ethel Barrett to cover the amount of refmid granted on the unexpired portion of their cigarette permit. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays-None. Petition of Fichard Hogan, re- questing arefund in the amount of $75.00 on his cigarette permit No. 142 as he has discontinued business as of August 1st, 1942, presented I ifl '~~, '~,~. ~:; i I60 Regular Session, August 3rd, 1942 and read. Councilman Thon~.pson moved that the request be granted and the City Auditor instructel to draw a warrant in the amount of $75.00 in favor of Richard Hogan to cover the amount of refund granted on the unexpired portion of his cig- arette permit No. 142. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Whartoxl, Council- men 11/urphy, Schueller, Thonlpsan, Van Duelman. Nays-Noce. Council Proceedings for the mouth of May, 1942, presented for approval. Councilman Van Duel- man moved that the Council Pro- ceedings for the month of May, 1942, be "approved as printed. Si;c- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays-None. Proof of publication, certified to by the publishers, of a statement of receipts and also a list of claims for jvhich warrants Sucre drawn during the mouth of June, 1942, presented and read. Councilmanx Thompson moved that the proof of publication be received and filed. Seconded by Councilman Schueller. Carried by the followllg vote: Yeas-Mayor Wharton, Coxxncil- men Murphy, Schueller, Thompson, Van Duelman. Nays-Noce. Ordinance No. 20-42. 13.11 Ordi- nance granting to the Dubuque Seed Company, its successors and as- signs, the right to construct and maintain an additional 15 feet to the loading platform in the back of lb9- 1rl Iowa Street, prescribing the con- ditions of such permission, said Ordinance having been passed upon first and second readings on July 21st, 1942, and ordered placed on file with the City Clerk fm' public in- spection for at least one week be- fore its final adoption, presented and read a third time. Ordinance No. 20-42 An Ordinance granting to the Du- buque Seed Company, its Successors and Assigns, the right to construct and maintain an additional 15 feet to the loading platform in the back of 169-171 Iowa Street, prescribing the conditions, of such permission. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE: Section 1. That Dubuque Seed Com- pany, its successors and assigns, be, and they are hereby granted the right and authority to add 15 feet to the loading platform in back of the premises at 1G9-171 Iowa Street, which premises are now occupied by the Dubuque Seed Company. Section 2. That such platform shall he constructed under the direction and supet•vision of the City Manager and Building Commissioner. Section 3. It is understood and pro- vided that the right and permission to use and occupy such portion of the alley for the purposes herein stated is subject to the continuous control of the City Council of the City of Dubuque, reserving the right to said City Council to impose re- strictions or conditions upon the en- joyment thereof as may be reason- ably necessary for the protection of the public interest including the right to revoke and rescind any and all of such rights and permission if at any time the public interest should require such revocation. Section 4. As a further considera- tion for the rights and privileges here- by granted, said Dubuque Seed Com- pany, its successors and assigns, shall assume all liability for dam- ages to persons or property which might result from the construction and maintenance of the structure herein authorized, and the said Du- buque Seed Company, at its own ex- pense, agrees to defend any and all claims and actions which may be brought against the City because of the structure herein referred to, and should the City be required to pay any damages because thereof, the Dubuque Seed Company agrees to reimburse the City therefor and shall hold the City of Dubuque harmless from any and all damage. Section 5. Should the rights and privileges herein granted be rescinded or revoked, said Dubuque Seed Com- pany, its successors and assigns, at its own expense and upon receipt of reasonable notice, shall remove the structure herein authorized and re- store the alley to as good condition as it was in before such structure was constructed. Section 6. This Ordinance shall be- come effective upon its final passage, adoption and approval by the City Council and publication as provided by law, and the rights hereunder shall accrue to Dubuque Seed Com- pany, its successors and assigns, when this Ordinance has been ac- cepted by said Company, which ac- ceptance shall be endorsed hereon, and when the cost and expense of publishing the same has been paid by said Company. Passed upon first and second read- ings this 21st day of July, 1942. Passed, adopted and approved upon final reading this 3rd day of August, 1942. ALBERT WHARTON, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, GEO. R. MURPHY, B. A, SCHUELLER, Councilmen, Attest: ,I. J. SHEA, City Clerk. ACCEPTANCE OF ORDINANCE NO. 20-42 Dubuque Seed Company, having knowledge of all the terms and con- Regular Session, August 3rd, 1942 161 ditions of Ordinance No. 20-42, does hereby accept said Ordinance as adopted by the City Council of the City of Dubuque on this 3rd day of August, 1942, and agrees to comply with all the terms and conditions thereof. Signed this 4th day of August, 1912. DUBUQUE SEED COI\1PANI, By O. B. KUHL, Office Manager. Published officially in The Tele- graph-Herald newspaper this 5th day of August, 1942. J. J. SHEA, 8-5-1t. City Clex•k. Councilman Vau Duelman moved the adoption of the Ordinance. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays-Noce. Comnxunication of Chief of Police Strub suggesting that some sort of legislation be enacted controlling the playing of mechanical musical devices iii public places such as tav- erns, restaurants, hotels, okating rinks, cline and dance, etc., present- ed aucl read. Councilman NIurplt;r moved that the conununication be referred to the City Solicitor to con- fer with the Chief of Police and sub- mit areport back to the City Coun- cil. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor TVharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays-None. July 24, 1942. Honorable iVTayor and City Couucil, City of Dubuque, Iowa. Gentlemen: In re: PETITION OF FRANK E. LEONARD for Sus- pension of taxes on: Lot 5 of Sub.L of City Lot 720, asking that the 1941 ta:c be. suspended because of age and infirmity. I recommend that the said !'eti- tion should be approved by the City Council of the City of Dubuque and notification of such approval be given to the Board of Supervisors of Dubuque County, Iowa. Resrpectfully submitted, JOHN J. IiINTZINGER, City Solicitor. Councilman Van Duelman moved that the recommendation of City So- licitor Kintzinger be approved and the petition of Frank E. Leonard requesting suspension of the 1941 taxes ou Lot 5 of Sub. 2 of City Lot 720 be granted and that the Bcard of Supervisors be notified of the ac- tion of the City Council. Seconded by Councilman Schueller. Canted by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Dnelxnan. Nays-None. August 3, 1942. To the Honorable Mayor and City Council, Dubuque, lojva. Gentlemen: This is to advise that I have approved the following bonds and desire to have your ap- proval on same for filing: Personal Esther' Fritschel, Stenographer and Clerk City Water Departtueut- DTass. Bonding t; Ins. Co. Louis F. Fautsch, Police Judge- The Aetna Casualty & Surety Co. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Schueller moved that the bonds be approved and placed on file. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Wharton, Couneil- meu Murphy, Schueller, Thompson, Van Duelman. Nays-None. I;esoiution No. 72-42 Whereas, applications for Class "B" Seer Permits have been sub- mitted to this Couucil for approval aucl the same have been esantined; 1~TO~v, therefore, Be It Resolved by the Couuci'. of the City of Dubuque that the follow- ing applications be and the same are hereby approved and it is or- dered that the px•emises to be occu- pied by such applicants shall be forthwith inspected. "Class "B" Permit Name. Address. Joseph J. Weiner and b7velyu Weiner, 7 09 University Avenue. tiVnx. Tharp, 2403 Central Avenue. Wm. J. Clesen, 1097 Jackson Street. Phillip Mihalalcis and Viola ll4ihal~ akis, 1G08 Maple Street. Sohn J. Rettenmaier and Marie Retteumaier, 1100 Lincoln Avenue. Mrs. Florence M. Miller, 400 Cen- tral Avenue. Mrs. Bernice Kunz, 1804 Central Avenue. Mrs. Bernice Kunz, 236 West First Street. (Transfer of address from 1804 Central Ave.) ~~ III uM i~ i i;li~',; fl ,~::' hl ~,;:`'`. gz _'tJ _ ~'`. 162 Regular Session, August 3rd, 1942 Class "B" Permit for Private Club Knights of Columbus, Dubuque Council No. 510, 781 Locust Street. Luxemberg Club of Dubuque, Iowa, 1832-68 Central Avenue, Passed, adopted and approved this 3rd day of August, 1942. ALP,ERT WHARTON, -Ta,yor. 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 Schueller. Car- ried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays-None. Resolution No. 73-42 Whereas, heretofore applications were filed by the within named ap- plicants for Class "B" Beer Permits and they have received the approval of this Council; and Whereas, the premises ~o be oc- cupied by such applicants hate been inspected and found to comply with the ordinances of this City and they have filed a proper bond; Now, therefore, Be It Resolved by the Council of the City of Dubuque that the i14an- ager be and he is hereby directed to issue to the following named appli- cants aBeer Permit: Name. Address. Class "B" Permit Joseph J. Weiner and Evelyn Weiner, 709 University Avenue. Wm. Tharp, 2403 Central Avenue. Wm. J. Clesen, 1097 3acl~son Street. Phillip Mihalakis and Viola 1\Iihal- akis, 1698 Maple Street. John J. Rettenmaier and Marie Rettenmaier, 1100 Lincoln Avenue. Mrs. Florence M. Miller, 400 Cen- tral Avenue. Mrs. Bernice Kunz, 1804 Central Avenue. Mrs. Bernice Kunz, 236 W. First Street. (Transfer of address from 1804 Central Ave.) Class "B" Permit for Private Club Knights of Columbus, Dubuque Council No. 510, 781 Locust Street. Luxemberg Club of Dubuque, Iowa. 1S32-68 Central Aventte. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 3rd day of August, 1942. ALBERT WHARTON, 14Iayor. F. W. THOMPSON, FRANK VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, Councilmen. Attest: J. J. SHEA., City Clerk. Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas-Mayor Wharton, Ccnncil- men Murphy, Schueller, Thompson, Van Duelman. Nays-None. Application of the Hawkeye Lodge of Dubuque, Iowa, fm• a Class "B" Beer Petmit for Private Club, pre- sented and read. Councilman Van Duelman moved that the applica- tion be referred to the City Council for investigation. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays-Noce. Application of the Hawkeye Lodge of Dubuque, Iowa, fora cigarette permit, presented and read. Coun- cilman Murphy moved that the ap- plication be referred to the City Council. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays-None. There being no further business Councilman Vau Duelman moved to adjourn. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompsmi, Vau Duelman. Nays-None. J. J. SHEA, City Clerk. Approved ..................................1942. Adopted ....................................1942. Councilmen: ~ ...................................... Attest : ................................................ City Clerk. --~;- _ i Special Session, August 7th, 1942 163 ~~ ® ~`~~ (Official.) Special Session, August 7th, 1942. Council met at 7:30 p, m. Present-Mayor Wharton, Coun- cilmen Murphy, Schueller, Thomp- son, Vau Duelman, City Manager Rhomberg. Meeting called by order of Coun- cilmen Van Duelman and Thompson. Mayor Wharton read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of consider- ing for Council action an ordinance regulating and prohibiting the oper- ation of roller skating rinks in cer- tain places in the City of Dubuque, describing roller skating rinks, pro- viding for revocation of license, for a penalty for the violation hereof and repealing any and all ordi- nances or parts thereof in conflict herewith and acting on any other business as may properly come be- fore aregular meeting of the City ~ Council. Petition of Henry and Noble Bradley, requesting that they be permitted to continue to operate the roller skating rink at 19th and Elm Streets through the rest of this month and September and until cool weather in October and if an ordi- nance is adopted either prohibiting the operation of a roller skating rink or requiring the signature of every person living within a speci- fied distance that the provisions of said ordinance become effective not earlier than November 1, 1942, also the petition of George H. Brandt, et al, residents living within 300 feet of the southeast corner of 19th and Elm Streets, joining in the sugges- tions and request of Henry and Noble Bradley, operators of the Fos Roller Skating Rink, as set out in their petition and respectfully peti- tion the City Council to grant the above Petition, presented and read. Councilman Thompson moved that the rules be suspended for the pur- pose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays-None. Mr. Al. Feipel, et al, addressed the Council requesting that the roller skating rink as now operated at 19th and Ehn Streets be closed as the way that the rink has been run has caused a nuisance in this neighbor- hood. Mr. Henry Bradley addressed the Council asking that he be al- lowed to continue the operation of the roller skating rick at 19th and Elm Streets for the nest few weeks, until cool weather sets in, and that at that time he would then move his rink inside of some building. Coun- cilman Thompson moved that the petition be received and filed. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. lays-None. Ordinance No. 21-42. An Ordi- nance regulating and prohibiting the operation of roller skating rinks in certain places in the City of Du- buque, describing roller skating rinks, providing for revocation of li- cense, for a penalty for the violation hereof and repealing any and all ordinances or parts thereof in con- flict herewith, presented and read. Councilman Thompson moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Whartmi, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays-None. Councilman Thompson moved that the rules be suspended requir- ing an ordinance to be read on three separate days. Seconded by Coun- cilman Schueller. Carried by the following vote: Yeas-Mayor tiVharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays-None. The Ordinance was then read a second time. Councilman Thomp- son moved that the reading just had be considered the second reading of the Ordinance. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays-None. Councilman Thompson moved that the Ordinance be placed on file with the City Clerk for public in- spection for at least one week be- fore its final adoption. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays-None. Communication of the Dubuque Trades & Labor Congress Labor Day Committee, extending invita- tion to the City Council to Partici- 164 Special Session, August 7th, 1942 pate in their parade of September 7th, 1942, presented aucl read. Coun- cilman Van Duehnan moved that the invitation be accepted. Second- ed by Councilman Murphy. Carried by the following vote: I eas-Mayor tiVhartou, Council- men 1VIttrphy, Schueller, Thompson, Vau Duehnan. Nays-None. Dubuque, Iowa, August 6th, 1942. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: In accordance with the provisions of Chapter 239 of the State Code of Iowa, 1939, the Civil Service Canunissiou conducted a competitive examination for eligible list for appointment to the position of Public Health Nurse, said exami- nation being held on August 4th, 1942. The following list shows the names of those svho passed the ex- amination with an average of 70°Jo or better: Name Average Naomi Lorenz ..........................96.50% Lois E. Holthaus ......................87.00% Hilda A. Philipp ......................83.00% Respectfully submitted, C. S. HARKER, Chairman. FRANCIS P. (,1UINN, 112. D., EDWIN F. STRUEBER, Commissioners. J. J. SHEA, Clerk, Civil Service Com- mission. State of Iowa 1 ss. County of Dubuque ) Subscribed and swore to before me a Notary Public in and for Du- buque County, State of Iowa, this 7th clay of August, 1942. GERALDINE L. DEMKIER, Notary Public. Councilman Murphy moved that the report be reeeivecl aucl made a matter of record. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Wharton, Couucil- meu Murphy, Schueller, Thompson, Vau Duehnan. Nays-None. August 4, 1942. In re: Claim of A. W. Suchan Honorable Mayor and City Council, City of Dubuque, Iowa. Gentlemen: With reference to the above claim which was filed July 20, 1942, and referred to me for investi- gation and report, I have investigat- ed this matter and talked with the claitnaut. His Clain is for damages to claim- ant's automobile caused by another car running into his car at the inter- section of North Main Street and Seminary Street on or about June 30, 1942, at 4:30 p. m. If he has a claim it is one against the operator and owner of the other car. I am of tlae opinion that he has no claim against the City and that such claim against the City should be denied. I am returning herewith the claim as filed. Yours truly, JOHN J. KINTZINGER, City Solicitor. Councilman Murphy moved that the recommendation of City Solici- tor Kintziuger he approved. Sec- onded by Councilman Van Duehnan. Carried by the following vote: Yeas-Mayor Wharton, Council- meta Murphy, Schueller, Thompson, Van Duehnan. Nays-None. August 6, 1942. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that the term of Mr. J. K. Deming as a member of the Police and Fire Pension Boards expired on April 1, 1942. An appointment should be made at your earliest convenience for the term beginning April 1, 1942, and expiring April 1, 1945. Respectfully submitted, OTTO F, PULS, Secretary, Police and Fire Pension Boards. Councilman Murphy moved that PdIr. J. K. Deming be re-appointed as a member of the Police and Fire Pension Boards for a term of three years, said term expiring April 1, 1945. Seconded by Councilman Schueller. Carried by the following vote: Peas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duehnan. Nays-None. Resolution No. 74-42 tiVhereas, application for Class "B" Beer Permit has been submit- ted to this Council for approval and the same has been examined; Now, therefore, Be It Resolved by the Council of the City of Dubuque that the follow- ing application be and the same is hereby apprroved and it is ordered that the premises to be occupied by such applicants shall be forthwith inspected. Class "B" Permit Name. Address. Mehita Chase and Kathleen Dahl, 1654 Central Avenue. (Transfer of address from 1643 Central Avenue). Special Session, 4ugust nth, 194-2 165 7 s Passed, adopted and approved this i th day of August, 1942. ALBERT WHARTON, -Iayor. F. W. THOMPSOAT, 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 Schueller. Car- ried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays-None. Resolution No. 75-42 Whereas, heretofore application was filed by the within Wanted appli- cants for Class "B" Beer Permit and it has received the approval of this Council; and Whereas, the premises to be occu- pied by such applicants have been inspected and found to comply with the ordinances of this City and they have filed a proper bond; Now, therefore, Be It Resolved by the Council of the City of Dubuque that the Man- ager be and he is hereby directed to issue to the following named appli- cants aBeer Permit: Class "B" Permit Name Address Melita Chase and Kathleen Dahl, 1654 Central Avenue. (Transfer of address from 1643 Central Avenue). Be It Further Resolved that the bond filed by such applicants be and the same is hereby approved. Passed, adopted and approved this rth day of August, 1942. ALBERT WHARTON, Mayor. F. «T. THOMPSON, FRANK VAN DUELMAN, GEO. R. MUP~PHY, B. A. SCHUELLER, Councilmen. Attest: J. J. SIiI,A, City Clerli. Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas-Nlayor tiVharton, Council- men IlTurphy, Schueller, Thompson, Van Duelman. Nays-None. NTessrs. John A. Kerper, Thomas M. Statupfer and Mark Gavin, Mem- bers of the Dock Commission, also Mr. M. H. Czizek, Attorney, repre- senting• the Dock Commission, and Mr. C. P. Springer, Chicago, Illinois, Attorney, representing the hiter- state Power Company, addressed the Council asking that the City join the Dock Commission in enter- ing into a proposed contract with the Interstate Power Company for the acquisition of property owned by the Interstate Power Company on City (Ham) Island in exchange for City-owned property, said prop- erty to be acquired for the purpose of carrying out the riverfront im- provement plan as adopted in the original City plan. After a lengthy discussion of this proposed cantract City Solicitor Kintzinger advised Council of their rights in this mat- ter. Councilman Thompson moved that Council recess. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Wharton, Council- nten 11Turphy, Schueller, Thompson, Van Duelman. Nays-None. Council recessed at 9:45 p. m. and reconvened at 10:00 p. m. Upon reconvening of the Council Mayor Wharton stated that the members of the City Council had concurred in the opinion of the City Solicitor and had unanimously agreed not to have the City become a party to the contract. There being no further business Councilman Schueller moved to ad- journ. Seconded by Councilman NTurphy. Carried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays-None. J. J. SHEA, City Clerk. Approved ..................................1942. Adopted ....................................1942. _ _ __ _ _ 166 Special Session, August 15th, 1942 I, lao„.. ~.. ;;, (Official.) Special Session, August 15th, 1942. Council met at 2:00 p. m. Present-Mayor Wharton, Coun- cilmen Murphy, Schueller, Van Duel- man, City Manager Rhomberg. Absent-Councilman Thompson. Meeting called by order of Coun- cilmen Van Duelman and Murphy, Mayor Wharton read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of conducting a public hearing on the Budget Esti- mate of Expenditures for the fiscal year beginning April 1, 1943, and ending March 31, 1944, as aT~asis fm• the tax levy for the year 1942, the same to be collected in the year 1943 and acting on any other busi- ness as may properly come before a regular meeting of the City Council. Proof of publication, certified to by the publishers, of notice of a pub- lic hearing upon the Budget Esti- mate of Expenditures for the fiscal year beginning April 1, 1943. Coun- cilman Schueller moved that the proof of publication be received and filed. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Van Duel- man. Nays-None. Absent-Councilman Thompson. Petition of Jas. F. Lee, 409 Al- mond Street, T. A. Polsean, "r06 Seminary Street, and A. L. Mutsch- ler, 2460 Pennsylvania Street, tax- payers present at this meeting, hav- ing appeared and filed objections at the hearing of August 3rd; again ob- ject to the adoption of the proposed City Budget, for the reason that it is false and fraudulent in its pub- lished detail and does not comply with provisions of the Budget Law, and for other reasons as will be set out in a protest to the State Appeal Board, presented and read. Messrs. Jas. F. Lee, T. A. Polsean and A. L. Mutschler, signers of the petition objecting to the adoption of the pro- posed City Budget, were present in the Council Chamber at the time of the hearing upon the Budget Es- timate of Expenditures. Council- man Schueller moved that the peti- tion be received and filed. Second- ed by Councilman Murphy. Carried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Van Duel- man. Nays-None. Absent-Councilman Thompson. Councilman Van Duelman moved that the rules be suspended for the purpose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Van Duel- man. Nays-None. Absent-Councilman Thompson. Special Session, August 15th, 1942 167 EUDGET ESTIMATE AND RECORD OF FILING CITY ESTIMATE NOTICE-The City Council of Dubuque of Dubuque County, Iowa, will meet August 15th, 1942 at 2:00 P. M. at the City Hall. Taxpayers will be heard for or against the following estimate of ex- penditures for the Year beginning April 1, 1943. A detailed statement of receipts and disbursements, both past and anticipated will be available at the hearing. J. J. SHEA, 8-4-1t. City Clerk. EXPENDITURES FOR YEAR ,~ ° ~ c~ ~ m d ~ m N w ~ N ~ H d! 0! ~ M~ N ~ ~. 'd F'i -. N OM .y OM 'b +' NON N ~+ '~ NO ~`„ yy H fti cd~ ~ ~~+ ci ~.~ mb ~rn ~ 7 vti ~ yNm G c. ko~i d A `' cam. p' `" z~, a ~ a~~'' , M ^'i ~ G ~GG^ W N ~ it >r~pti O ~ M u7 .~ ~~c ~ H M eD ~ ~ ~ ~ ~ ~ aww~ y, a~ w~ y ~F° ~ ~° W r w ~ °. General ...................$ 282,042 $255,244 $ 259,802 $............._ $ 73,500) Grading ....._._........ 47,920 25,570 38,900 12,000 16,900) Improvement ... 67,7G3 46,312 47.G00 12,500 25,100) 'L48,802 Server ....................__ 2,101 2,930 5,700 ..._.......__ .........._.....) Light ........................ 39,556 36,917 36,500 :............. ..._ .......) Consolidated Tax .......................__...._......_........._.._..$ 388,802 $24,500 $115,500 $243,802 Waterworks ...... 143,567 152,067 175,550 20,000 155,550 _ ..............._.. Garbage Disposal ....._.. 1G,803 13,944 17,772 ....._.. _...... ...._. _ ......... 17,772 Snow Removal 5,630 5,477 6,291 ........ _._ .. ................_.. G,291 Fire iVlainten- ance ........_.......... 103,553 110,234 125,112 ..._... _ ....... ................... 125,112 Fire Equip- ment .__............_ 860 ..._..,_..__ 13,47E _......_.. _......._ ......... 12,476 Road, (Agri. Land) _............_.. 105 102 92 ................. .._.......... 92 Main Sewer ...... 16,343 17,291 13,115 ........ __ ..... ................._ 13,115 Library .................. 29,353 30,G90 33,093 ... 2,000 31,093 Park .........._._......._.. 21,658 23,349 25,465 2,500 750 22,215 Pla1'ground ......... 14,587 15,301 15,799 ........_..... 3,075 12,724 Doclc Operation 31,123 22,431 29,310 4,000 5,500 17,310 Firemen's Pen- sion .............._..._. 19,091 19,27E 'L0,354 1,000 800 18,554 Firemen's Re- tirement ......... 1,G90 5,393 2,559 ................. ....... _....._ 2,559 Policemen's Pensio^ _:....... 11,722 11,791 14,223L,000 600 11,623 Policemen's Retirement ._ 597 3,708 1,706 ............._.. _................._ 1,706 Emergency ......_. 33,513 36,988 22,215 ............... ......_.. 22,215 Doclc Bonds ...... &4,355 39,753 37,046 2,000 ............._. 35,046 General Bonds 108,743 82,OS5 76,f,G7 __.......... _........_........ 76,6G7 TOTALS .............$1,032,720 $957,353 $1,018,147 $56,000 $286,775 $675,372 Estimated Taxes per $1,000.00 of assessed value $18.997. Taxable valuation (1941) ......................................_................ _......................._........._....._._........_... $34,667,808 DloneYS and credits (1941) ......................._....._.............._._.................. .............._. $ 8,758,034 Moneys and credits (1941) ....._......._......._ ................_......._......................2 Mills ........................ 206,895 Resolution No. 76-42. Whereas, the Council of the City of Dubuque caused to be prepared and published, as provided by law, the Budget Estimate of Expendi- tures for the fiscal year beginning April 1, 1943, and ending March 31, 1944, and the hearing upon said Budget Estimate was fixed for the 15th day of August, 1942, at 2:00 p. m. at the Council Chamber in the City Hall; and Whereas, this being the time and place for said hearing, said Budget Estimate was taken up for final con- sideration by the Council; and Whereas, certain taxpayers ap- peared at this hearing and filed and presented objections to said Budget Estimate directed at certain items therein; and Whereas, all taxpayers and per- sons appearing at this hearing were given an opportunity to be heard either in favor of or against said estimate; and Whereas, this Council, after full and complete discussion has weigh- ed and considered all objections -; i 168 Special Session, August lath, 1942 made to said estimate; Now, there- fore, Be It Resolved by the City Coun- cil of the City of Dubuque that all objections made and filed by tax- payers to said estimate be and the same are overruled and said objec- tions are ordered received and filed; Be It Further Resolved that the Budget Estimate of Expenditures for the fiscal year beginning April 1, 1943, and ending P,Iarch 31, 1944, heretofore Pl•epared and published be and the same is hereby finally ap- proved and aclaptecl and the Mayor and Clerk are directed to certify the same to the County Auditor of Du- buque County, Iowa, together with the verified proaf of publication and the notice of hearing upon said Budget Estimate. Be It Further Resolved that the taxes required to be collected iu the year 1943 be and the same are here- by levied in the various funds in the amounts shown in said Budget Esti- mate. Passed, adopted and approved this 15th clay of August, 1942. ALBERT WHARTON, tilayor. FRANK VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, ~'iellllcllllP,l1. Attest: J. J. SIiEA, City Clerk. Councilman Murphy moved the adoption of the resolution. Secoud- ecl by Councilman Vau Duelman. Carried by the following vote: Yeas-Mayor Wharton, Council- men B~Iurphy, Schueller, Van Duel- mau. Nays--None. Absent-Councilman Thompson. ~ESOlution No. 77-42 A resolution establishing the tax levies for the year 1942, the taxes to be collected iu the year 1943 and ttsecl for municipal purposes of the City of Dubuque. Be It Resolved by the City Coun- cil of the Cty of Dubuque that there be and there is hereby levied the taxes for nnzuicipal purposes for the ensuing year 1943 of the follow- ing number of mills on the dollar of all taxable property within the cor- porate limits of said City. 7.000 anills for Consolidated Tax as provided for by Section 6217 of the Code of Iowa, 1939. 2.157 mills for General Bonds and Interest fund. 3.520 mills for Fite Maintenance Fund. 0.351 mill for Fire Equipment Funcl. 0.500 mill for Garbage and Street Cleaning Fund. 0.625 mill for Park Fund. 0.327 mill for Police Pension Fund. 0.045 mill for Police Retirement Fund. 0.522 mill for Fire Pension Fund. 0.072 mill for Fire Retirement Fund. 0.373 mill for Library Fund. 0.369 mill for Maiu Sewer Fund. 0.355 mill for Playground and Swimming Pool Fund. 0.4S7 mill for Dock Fund. 0.9S6 mill for Dock Bond and In- terest Funcl. 0.177 mill for Snow Removal Fuud. 0.625 mill for Emergency Fund. Be It Further Resolved, that 2.123 mills on 'the dollar is hereby levied upon all lots or parcels of land con- taining ten acres or more which are occupied in good faith and used for agricultural or horticultural pur- poses. Be It Further Resolved, that all property within the corporate limits of said City is hereby determined to receive benefits from each of the said tax levies. Be It Further Resolved, that the Mayor and Clerk be and they are hereby directed to certify the sums of money that the said tax levies will produce, as shown by the Bud- get Estimate of Expenditures adopt- ed by this Council on the 15th day of August, 1942, to the Auditor of Dubuque Cotulty on or before Aug- ust 15th, 1912. Passed, aclaptecl and approved this 15th clay of August, 1942. ALBERT WHARTON, Mayor. FRANK VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, Cowlcilmen. Attest: J. J. SHEA, City Clerk. Councilman Mtu•phy moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried Uy the following vote: Yeas-Mayor Wharton, Council- men Mul•phy, Schueller, Vau Duel- man. Nays-None. Absent-Councilman Thompson. Mr. Henry Bradley, operator of the Roller Skating Rilak at 19th and Elm Streets, aclclressed the Council requesting that he he permitted to operate until September 1st, as his rent has been paid until that elate and if compelled to close at this elate tTiat it would cause him a finan- cial loss. Mr. Al. Feipel addressed the Council requesting that the Roller Sl.atiug Rink operated by Mr. Henry Bradley at 19th and Ehn Streets be ordered discontinued as the same is a nuisance in the neigh- borhood. Ordinance No. 21-42. An Ordi- Special Session, august 15th, 1942 169 Haute regulating and prohibiting the operation of roller skating rinks in certain places iu the City of Du- buque, describing roller skating rinks, providing' for revocation of license, far a penalty for the viola- tion hereof and repealing any and all Ordinances or parts thereof in conflict herewith, said Ordinance having been passed upon first and second readings ou August 7th, 19.12, and orclerecl placed on file with '' the City Clerk for public inspection foa• at least one week before its final adoption, presented and read a third time. ®rdinance loo. 21-42 Au Ordinance regulating and pro- hibiting the operation of roller skat- ing rinks in certain places in the City of Dubuque, describing roller skating' rinks, providing for revoca- tion of license, for a penalty for the violation hereof and repealing any and all Ordinances or parts thereof in conflict herewith. Be It Ordained by the City Council of the City of Dubuque: Section 1. It shall be unlawful for any person, firm or corporation to conduct in the City of Dubuque a roller skating rink unless the writ- ten consent of 30~per cent of the resident property owners within Ttvo Hundred (200) feet from the location of said roller skating rink is first secured and filed in the office of the City Clerk. Section 2. A roller skating rink, Zvithin the meaning and intent of this Ordinance is hereby defined to be any room, place, floor, or space in which roller skating is conducted or allo~vecl, and where admission tau be hacl by the payfneut of a fee or by purchase, possession or pre- sentation of a token or ticket, or in tivhich a charge is made for the care of clothing or other property, or for the rental of roller skates, or where the public generally may gain ad- mission with or without the pay- ment of a fee for roller skating. Section 3. By "resident property owner" is meant tlae owner or own- ers of property that is being occu- pied by people as homes, or places in which to live. Section 4. The license of any roll- er skating rink shall be revoked by the City Manager for clisorclerly or immoral conduct on the premises or for the violation of the provisions of this Orcliuance. If at any time the license of a roller skating rink shall be revoked, at least six mouths shall elapse before another license shall be granted for the use of the same premises as a roller skating rink. Section ~. Every roller skating rink shall be kept at all times in a clean, healthful and sanitary con- dition, and while any skating is held therein the entire skating rink and all rooms connected therewith, and all sidewal'ns and passage ways leading into snob rink shall be kept o1~eu and well lighted at all times. Section G. Any person, firm or corporation conducting or operat- ing a roller rink shall not permit in such rick or on the premises on which such rink is situated: (a The presence of any person sixteen (1G) years of age m• less after 9:30 o'clock p, m. of any day unless accompanied by his or her parent or lawful guardian. (b) The use of any intoxicating liquor or drug. (c) The presence of any person under the influence of intoxicating liquor or drug. (cl) The presence of any person having in his possession or offering for sale, selling or giving away, any intoxicating liquor or drug. (e) T1ie presence of idlers, loit- erers, or other hangers-on. Section 7. 1~TO loud or unusual noises shall be permitted upon said premises, nor shall any music be played unless such music shall be so controlled as not to constitute a nuisance. Section 8. All public roller skat- ing rinks shall be closed on or be- fore the hour of 10:30 o'clock on each and every night aucl no such public roller skating rink shall be open or any skating permitted be- t~veen such closing hour and the hour of 2:00 o'clock p. m. next fol- lowing. Section 9. All ordinances or parts of ordinances in conflict here- with are hereby repealed. Section 10. Auy person, firm or corporation who violates any of the provisions of this ordinance shall be deemed guilty of a misdemean- or and upon conviction thereof shall be fined not more than X100.00 and hi default of such fine shall be im- prisoned for a period not exceed- ing 30 days. Section 11. This ordinance, be- ', ing deemed urgent, and in the in- terest of public health, comfort and convenience shall be iu force and effect from and after its final pass- age, adoption, approval by the City Council and publication as by law provided. Passed upon first and second readings this 7th day of August, 1942. 170 Special Session, :august 15th, 1942 Passed, adopted and approved up- on final readings this 15th day of August, 1942. ALBERT WHARTON, Mayor. FRANK VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Published officially in The Tele- graph-Herald newspaper this 1st day of September, 1942. J. J. SHEA, City Clerk. Councilman Van Duehnan moved the adoption of the Ordinance. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Van Duel- man. Nays-None. Absent-Councilman Thompson. Communication of The Interna- tional City Managers' Association, extending invitation to attend the Annual Conference of The Interna- tional City Managers' Association to be held at French Lick, Indiana, on October 11-15, inclusive, presented and read. Councilman Murphy mov- ed that the invitation be accepted and the City Manager and Members of the City Council, who desire to do so, be authorized to attend the convention. Seconded by Council- man Van Duehnan. Carried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Van Duel- man. Nays-None. Absent-Councilman Thompson. Petition of Le Roy Weidemami, et al, requesting that a street light be placed at the end of Quigley Lane, presented and read. Councilman Van Duehnan moved that the Peti- tion be referred to the Council to view the grounds. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Van Duel- man. Nays-None. Absent-Councilman Thompson. Petition of St. John the Baptist Chm•ch, Peosta, Iowa, requesting permission to hang a banner across Main Street between 8th and 9tI Streets, presented and read. Conn cihman Murphy moved that the re quest be granted and that the erec tion of said banner to be done under the supervision of the Building Commissioner. Seconded by Coun Gilman Schueller. Carried by the following vote: Yeas-Mayor Wharton, Council- nen Murphy, Schueller, Van Duel- nan. Nays-None. Absent-Councilman Thompson. Petition of Mrs. Ella Pauley, re- Iuesting Council to make an inspec- ~ion of the alley in the rear of 2829 Burden Avenue as said alley is not properly graded, presented and read. Councilman Schueller 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 Murphy, Schueller, Van Duel- man. Nays-None. Absent-Councilman Thompson. Petition of the Fraternal Order of Eagles, requesting permission to build a loading platform in the rear of their building, said platform to extend into the alley for a distance of three feet, presented and read. Councilman Schueller moved that the petition be referred to the Coun- cil to view the grounds. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Van Duel- man. Nays-None. Absent-Councilman Thompson. Petition of the Mettel Realty & Investment Company requesting re- lease of the Class "C" Beer Bond of Ray E. and Arelene Duttle as they have sold their business, presented and read. Councilman Murphy moved that the request be granted and the bond ordered released as of August 15th, 1942. Seconded by Councilman Van Duehnan. Carried by the following vote Yeas-Mayor Wharton, Council- men Murphy, Schueller, Van Duel- man. Nays-None. Absent-Councilman Thompson. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: We, the undersigned owners of property on Gandolfo Street from Dodge Street to St. Jos- eph Street, respectfully request that the width of the street from curb to curb be fixed at 3G feet instead of 30 feet as proposed. We waive any and all claims for damage that we might have because of the change of width between curb. Andrew, Jos- eph and Teresa McGrath, 24 Gan- dolfo Street; Frances McGrath, 30 Gandolfo Street; Mrs. Alice Ben- nett, 20 Gandolfo Street; George and Virginia Hinkel, 45 Gandolfo Street; Fred Beau, 67 Gandolfo Special Session, August 15th, 1942 171 Street; Thomas G. Haught, 75 Gan- dolfo Street; Leo E. McMahon, 84 Gandolfo Street; Harry Shaw, 93 Gandolfo Street; Mrs. Jas. L. Kritz, 64 Gaudolfo Street; Gregory T. Laube, 92 Gandolfo Street; Minnie E. Addyman, S1 Gandolfo Street; Thos. J. McGrath, 30 Gandolfo Street; Howard and Anna Havens. Councilman Murphy moved that the petition and waiver be received and made a matter 'of record and the re- quest ordered complied with. Sec- onded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Wharton, Cowrcil- men Murphy, Schueller, Van Duel- man. Nays-None. Absent-Councilman Thompson. Dubuque, Iowa, August 10th, 1942. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: In accordance with the provisions of Chapter 289 of the State Code of Iowa, 1939, the Civil Service Commission conducted a competitive examination for eligible list for appointment to the position of Clerk in the office of the City Water Department, said examina- tion being held on August 6th, 1942. The following list shows the names of those who passed the examina- tion with an average of 70% or better: Name Average Robt. P. Pfiffner ..................... 96.1G% Chas. J. Abraham ....................83.33% Chas. L. Coffee ........................87.00% Maurice L. Carew ....................86.33% Jos. Loewen ..............................83.34% S~Valter R. Jahn ........................80.67% Milton R. Kirmse ....................75.34% Merton M. Milson ....................75.83% John J. Rettenmeier ..............75.83% Earl J. Jochum ........................75.00% Robt. P. Dietl ............................72.83% Respectfully submitted, C. S. HARKER, Chairman. FRANCIS P. QUINN, M. D., EDWIN F. STRUEBER, Commissioners. J. J. SHEA, Clerk, Civil Service Com- mission. State of Iowa, County of Dubuque J ss. Subscribed and sworn to before me a Notary Public in and for Du- buque County, State of Iowa, this 11th day of August, 1942. GERALDINE L. DEMKIER, Notary Public. Councilman Van Duelman moved that the report be received and made a matter of record. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Van Duel- man. Nays-None. Absent-Councilman Thompson. August 12, 1942. In re: Claim of Mrs. P. J. Fury Honorable Mayor and City Council, City of Dubuque, Iowa, Gentlemen: With reference to the claim of Mrs. P. J. Fury for $300.00 filed February 17, 1942, and referred to me for investigation and report, I wish to state: On December 30, 1941, Mrs. Fury claims that near the corner of Mt. Loretta and Rush Streets she fell on a sidewalk that was covered with ice and snow, that the same was dangerous and defective, that she sustained a compound fracture of her right arm near the wrist and other injuries; that she was unable to do any housework until the latter part of May, 1942. That she in- curred adoctor bill and other ex- penses somewhere in the neighbor- hood of $150.00. That after investi- gation in this matter and consulta- tion with Mrs. Fury, she has agreed to accept $100.00 in full settlement of any and all claims she has against the City. I recommend that her claim be allowed in the sum of $100.00, that a warrant be issued payable to her for that amount and the same be delivered to her upon execution and delivery to the City of a proper re- lease. Respectfully submitted, JOHN J. KINTZINGER, City Solicitor. Councilman Murphy moved that the recommendation of City Solici- tor Kintzinger be approved and that the City Auditor be instructed to draw a warrant iu the amount of $100.00 in favor of Mrs. P. J. Fury as settlement in full of her claim and that said warrant be delivered upon the receipt of a proper release to the City. Seconded by Council- man Schueller. Carried by the fol- lowing vote: Yeas-Mayor Whartmi, Council- men Murphy, Schueller, Van Duel- man. Nays-None. Absent-Councilman Thompson. August 14, 1942. Hon. Albert Wharton, Mayor, and Members of the City Council, Dubuque, Iowa. Gentlemen: I herewith submit the following report on the Service Club, 9511/ Main Street, Dubuque, Iowa, the holder of Class "B" Per- mit No. 72. The above permit was issued to this club on July 1sf, 1942. You are hereby advised that on August 10, 1942, a search warrant %° ,~ 172 Special Session, r'~ugust 15th, 1942 was delivered iota my hands direct- ing asearch for gambling devices anti liquor. Five slot machines were found in this club together with a quantity of liquor anti some Punch boards. Also on the premises of this c1uU a couple, not man and wife, were found in bed with scarcely any clothes on. This couple are alleged to be employees of this club. On August 11th, 1942, A. P. Frey- mann, the manager of this club, pleaded guilty to the charge of pos- session of gambling devices in the District Court of Dubuque and was fined $500.00 and costs by the Hon. Milton J. Glenn. The fine was paid. Also mi August 11th in the Dubuque Police Court the couple found in bed defaulted bonds of $25.00 each. Because of the disorderly conduct of the Service Club, A. P. Freymauu, its manager, and other employees, and the above cited violations of law, I hereby recommend that the City Council of the City of Dubuque proceed under the provisions of Chapter 1921.125 Code of Iowa and Ordinance No. 9-35 City of Dubuque, and that the Class "B" Beer Permit No. 72 issued to the Service Club on July 1, 1942, be revoked forth- v,~ith. Pespectfully yours, JOS. H. STRUB, Chief of Police. Councilman Murphy moved that the communication and recommen- dation of Chief of Police Strub be received and trade a matter of rec- ord. Seconded by Councilman Schueller•. Carried by the following vote: Yeas-Mayor Wharton, Council- men 1VIurphy, Schueller, Van Duel- man. Nays-None. Absent-Councilman Thompson. Resolution No. 78-42 Whereas, this Council, on the 1st day of July, 1942, caused to be is- sued a Class "B" Beer Permit for Private Club bearing the Number 72 to The Service Club, operating a tavern at 951t/z &Taiu Street iu the City of Dubuque; and Whereas, it has come to the at- tention of this Council that the own- er and holder of said permit has conducted this place of business in a disorderly manner and otherwise in violation of law; Now, therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that Class "B" Beer Permit for Private Club No. 72, heretofore issued to The Service Club, be and the satue is hereby revoked and the Chief of Po- lice is directed to take tap such per- mit forthwith and return the wane for cancellation. Passed, adopted and approved this 15th clay of August, 1942. ALBERT WHARTON, :v_T ayor. FRANK VAN DUELMAiV, isEO. R. 14IURPHY, 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: Leas-Mayor tiVharton, Couucii- men Murphy, Schueller, Van Duel- man. Nays-Noce. Absent-Councilman Thompson. August 10, 1942. To the Honorable Mayor, City Council and City Manager, Dubuque, Iowa. Gentlemen: I herewith submit the reports of the City Auditor, City Treasurer, City Health Department, City Recreation Director and City Waterworks, also a list of claims and payrolls for which warrants were drawn during the month of July, 1942. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Van Duelman moved that the reports be received and placed on file. Seconded by Council- man Murphy. Carried by the follow- ing vote: Yeas-IVlayor Wharton, Council- men Murphy, Schueller, Van Duei- man. Nays-None. Absent-Councilman Thompson. Resolution No. 79-42 Whereas, application for Class "C" Beer Permit has been sub- mitted to this Council for approval and the same has been examined: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the follow- ing application be and the same is hereby approved and it is ordered that the premises to be occupied by such applicant shall be forthwith inspected. Name Address Vincent B. Schwartz, 1105 tiVal- nut Street. Passed, adopted and approved this 15th day of August, 1942. ALBERT WHARTON, Mayor. FRANI£ VAN DUELMAN, GEO. R. MURPHY, B. A. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Cleric. ~~ i <~ Special Session, gugust 15th, 1942 173 Councilman Van Duelmau moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Van Duel- mau, Nays-None. Absent-Councilmana Thompson. Resolution No. 80-42 Whereas, heretofore application was filed by the within named ap- plicant for Class "C" Beer Permit and it has received the approval of this Council; and Whereas, tlxe premises to be occu- pied by such applicant have been inspected and found to comply with the ordinances of this City and he has filed a proper bond: Now, There- fore, 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- plicant aBeer Permit: CLASS "C" PERMIT Name Address Vincent B. Schwartz, 1105 Walnut Street. Be It Further Resolved that the bond filed by such applicant be and the same is 1lereby approved. Passed, adopted and approved this 15th day of August, 1942. ALBERT WHARTON, -Iayor. FRANK VA1V 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 Van Duelmau. Carried ~y the following vote: Yeas-Mayor Wharton, Councii- meu Murphy, Schueller, Van Duel- mau. Nays-None. Abseni-Councilman Thompson. Councilman Schueller moved that Council recess for the purpose of inspecting the new American La France Fire Truck. Seconded by Councilman Murphy. Carried by the foliowing vote: Yeas -Mayor Wharton, Council- men Murphy, Schueller, Van Duel- mau. Nays-None. Absent-Councilman Thompson. Council recessed at 3 P. M. and reconvened at 3:55 p. m. August 15, 1942. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Attached is the re- port of. the Pumper Test Results of the ne~v American LaFrance 750- gallon triple combination fire truck. The pumper having met the require- ments, Irecommend its acceptance by the Council. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Van Duelmau moved that the recommendation of C i t y Manager Rhomberg be approved and that the City Manager be auth- orized and instructed to negotiate for adjustments on the purchase price of said Fire Truck because of substituted or omitted materials caused by the war emergency. Sec- onded by Councilman Schueller. Carried by the follotviug vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Van Duel- mau. Nays-None. Absent-Councilman Thompson. There being no further business, Councilman Schueller moved to ad- jcurn. Seconded by Councilman Van Duelmau. Carried by the fol- lowing vote: Yeas-Mayor Wharton, Council- meu Murphy, Schueller, Van Duel- mau. Nays-None. Absent-Councilman Thompson. J. J. SHEA, City Clerk. Approved ..................................1942. Adopted ....................................1942. Attest : ................................................ City Clerk.