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1942 November Council ProceedingsRe~~~lar Session, November 2nd, 19'E2 2i3 ~ ® e ~~;;, ~ Y I' (Official.) Regular Session, November 2nd 1942. Couucil uiet at ; :30 P. M. Present -Mayor T~'-Ixarton, Coun- cilmeu 1\furphy, Schueller, Thomp son, Van Duelman, City Manager Rhomberg. Mayor Wlxarton stated that this is the regular monthly meeting of the City Council for the purpose of acs ing upon such business as may pro• perly come before the meeting. Notice of claim of Mrs: Harold E. Strader in the amount of $35.00 for injuries sustained by her daughtet• in a fall on a defective sidewalk south of 1529 Madison Street pre- sented axed read. Councilman Van Duelman move!1 that the claim be referred to the City Solicitor for investigation and report. Seconded by Councilman. Murphy. Carried by the following vote: Y e a s--Mayor Wharton, Comicil- meu Murphy, Schueller, Thompson, Van Duelman. Nays--None. Notice of claim of 1llrs. Jim Casey in an unstated auiouut for injuries sustained by her daughter at Eagle Point Park, caused by the breaking of a stiving at said Eagle Point Park, presented and read. Councilman Van Duelman moved that the notice of claim be referred to the City Solicitor for investiga tion and report. Seconded by Coun- cilman Murphy. Carr:ecl by the fol lowing vote: Yeas-l~iayor Whartox,, Council- men Murphy, Sclueller, Thompson. Van Duelman. Nays-None. Notice of claim of Hele.=.: Heins it. an unstated amount for injuries sus- tained caused by a defecf.xve swing at Eagle Point Park presented and react. Councilman Van Duelman moved that the notice of claim be referred to the City Solicitor for investiga- tion and report. Seconder: by Cour•- cihman Thompson. Canniest by thc: following vote: Yeas-Mayor ,-Vharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays-None. Communication of F. C. Burdt submitting a. copy of a bill in thc: amount of $17.G0 and claiming that said amount: is dtte from James F. Lee, contractor, far the construction of a manhole in Plmii Street, pra- sentect and read. Councilman Murphy moved that. the cornmuuication be referred to the City Solicitor for investigation and report. Seconded by Council- man Thompsan. Carried try the fog lowing vote: Yeas--Mayor ~:Vharton, Couucil- nteu A4urphy, Schueller, Thompson; Van Duelman. Nays-None. Communication of the National Institute of Municipal Law Officers extending invitation to the City So- licitor to attend the National Wat Conference to be held in New York City ou December 2, 3 and 4, 1942, presented and read. Councilman Murphy moved Thai City Solicitor Kintzinger be auth- orized to attend the Natxunal Wax- Conference to be held in New York City on December 2, 3 and 4, 1942, the expenses to be borne by tho City of Dubuque. Seconded by Councilman Van Duelman. Carried. by the following vote: Yeas-Mayor Wharton, Council- men ~i4urphy, Schueller, Thompson, Van Duelman. Nays-1\TOne. • Coinntunication of the Dubuque County ~Var Relief Council subnxit- tiug separate sheets ~•eport of thr. receipts and expenditures in con- nection with the 1ti42 drive for funds terminated late in August and in- cluding treasurer's report presented and read Councilman il2urphy moved 1.hat the communication and report be received and placed ou file. Second ecl by Councilman Thompson, Cax• vied by the following vote: Yeas--Mayor TVharton, Couucil- nxen iliurphy, Schueller, Thompson Van Dueluxan. Nays-None. Communication of the Dubuque County ~Var Relief Counr.;l submi± ting for Couucil consideration a sug- gestion that the City of Dubuque mig•lit appropriately in some manner commemorate the Dubuque boys who leave already made the supreme sacrifice presented and react. Councilman Schueller moved that the -tayor be eimpov~ered to tak!-. such action as he deems appa•opriate, Seconded by Councilman Murphy-. Carried by the following vote: Yeas-Mayor gphax ton, Councii- men Murphy, Schueller, Thompson, Van Dueliuan. Nays-None. Petition of Murphy Insurance Agency requesting release of the Plumi~er's Excavation Bond of D. A. 21~- Regular Session, November 'Lnd, 1942 Joles, Maquoketa, Iowa, said release to be effective as of August 26th, 1942, presented and read. Councilman Van Duelman moved that the request be granted, said re- lease to be effective as of August 26th, 1942. Seconded by C^uncilman Murphy. Carried by the following vote: Yeas-Mayor Wharton, Couucil~ men Murphy, Schueller; Thompson. Van Duelman. Nays-None. Petition of Cottingham & Butler Insurance Servic~i, Inc., requesting cancellation of the Beer Bond of Paul Crawford as he has .discon- tinued the tavern business at 2774 Jaclzson Street, presented and read Councilman Murph}= moved Char the request be granted. Seconded by Councilman Thompson. Carried by the. following vote: Yeas-Mayor ZUha. ton, Couttcil men Murphy, Schueller. Thompson, Van Duelman. Nays-None. Petition of Kretschmer Insurance Agency requesting return of the ex- cavation bond of Maurice A. Hill ar. he does not wish to have the same renewed, said return to be effective as of September 15, 1942, presented and read. Councilman Schueller moved that the request for the return of the excavation bond of N1am•ice A. Hili be denied, but a release of said bond be granted as of i11e date of Septem ben 15, 1942. Seconded by Council- man Van Duelman. Carried by the following vote: Yeas-Mayor °G~harton. Council- men Murphy, Schueller, Thompson. Van Duelman. Nays-None. Petition of F. \\r. Coates Agency requesting cancellation of. the cig- arette and weer hoods of Roy Ney as he has discontinued business, said cancellations to be effective as of October 5th, 1842, presautecl auri read. Councilman Var. Duelman moved that the request be granted, said cancellations to be effective as of October 5th, 1942. seconded by Councilman Thompson. Carried b.>> the following vote: Yeas-Mayor 'vVhai•ton, Council- men Murphy, SchuellE.r, Tiiompsor_, Van Duelman. Nays-None. Communication of U. S. Lewis, Mayor of East Dubuque, Illinois, re- questing that the City of East Du buque be advised of the require- ments to be met in order to obtain the servic of the Dubuque Fire De- partment if caller"t upon to help our in the case of au emergency, large fire, beyond the contz•ol of the local fire department, presented and read. Councilman Murphy moved That the communication be referred to the City 1VIauager for the ;;urpose of preparing and submitting a tenta• true agreement for Councii con• sideration. Seconded by Council- man Thompson. Carried by the fol- lowing vote: Yeas-Mayor \Vharton, Council.• men Murphy, Schueller, Thompson Van Duelman. Nays-None. Petition of 1Vlargaret F. Scher bring requesting a refund ou her beer license as she is discontinuing the tavern business at 19S Main Street, presented and read. Councilman Thompson move d that the request be granted and that the City Auditor be instructed to draw a warrant n the atiiount o? $100.00 in favor of Margaret F. Scherbring~ to cover the ::mouuc of refund granted on the anexpireJ portion, of her beer permit No, 17. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays-None. Petition of W. Berk requesting permission io make the necessary repairs to the building located on the Middle 1-5 of City Lot 475 and located at 1453 Locust Street, pre- sented and read. Councilman Van Duelman moved that the petition be referred to the Planning and Zoning Conunission for their recommendation and re- port. S e c o u d o d by Councilman Thompson. Carried by the following vote: Yeas-NTayor Wharton, Cowicil• men Murphy, Schueller, Thompson, Van Duelman. Nays-None. Communication of Al. Didesclt making application for Fire Depart meat Service to the home of hie father located just north of Davis Avenue, presented and reau. Councilman M=.trphy moved thai the communication be referred to the City Manager to draw up a pro- per agreement. Seconded by Coun- cilman Van Duelman. Carried by the following vote: Yeas-Mayor \Vharton., Council- men Murphy, Schueller, Thompson, Van Duelman. Plays-None. Communication of the Vateraus of Foreign Wars advising Coancil that they have passed a resolution urg- ing the purchase of a suitable loca- Regular Session, November 2ttd, 1942 21~ tion and the construction of a mod- ern airport, presented and read. Councilman Thompson move d that the communication be received and placed on tile. Seconded by Councilman Van Duel*nan. Carried by the following vote: Yeas--lVlayor Wharton, Council- men 1~Iurphy, Schueller, Thompson Van Duelman. Nays-None. Petition of Mra. Kate A. Miller, referred to the City Council by the Board of Supervisors. requesting' suspension of the ].941. ta:ces on Tots 9 and 10 of Johnston's Subdivision; presented and read. Councilman iVlurphy mr,ved that the petition be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Vau Duelman. Carried by the followin vote: Yeas-Mayor Wharton. Counci3 men Murphy, Schueller, Tlrompsor, Vau Duelman. Nays-:None. Petition of Della, C. Thul, referred to the City Council by the Board of Supervisors, requesting cancella- tion of the 1941 taxes on Lot 3 anti South 2 feet 6 inches of Lot 2 of Kleinschmit's Subdivision, present- ed and read. Councilman Murphy moved that the petition be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Wharton; Counci!• men Murphy, Schueller, Thompson, Van Duelman. Nays-None. Petition of Nlrs. Fred Dlayer, re ferred to the City Council by the Board of Supervisors, requesting suspension of the 1941 taxes on Lot 126 of Finley, Waples ant: Burton':: Addition, presented and read. Councilman Murphy moved that the petition be referred to the City Solicitor for investigation and re- port. Seconded by Conucilman Van Duelman. Carried by the following vote: Yeas-Mayor Wharton, Council~~ men Murphy, Schuellet•, Thompson, Van Duelman. Nays-None. CONSENT AC=RF;F.MENT The unclex•signed, being' the otvn~ ers of all of the lets abutting upon the west side of the alley lying be• tzveen 1VTaple and Cedar Streets, from East 16th to Fast 17th Streets, hereby consent to the paving with concrete, grading and draining of said alley at the expense of Du buquc. Packing Company in accord ante with the plat hereto attached, and to the establishing of a per manent grade thereof by the City of Dubuque in accordance therewith. This agreement to bind. our heirs, executors, administrators, succesr;- ors and assigns. B. GOLDSTI7IN, Fitness Carl F. Bartels. MRS. RALPH CAVANAUGH, J. F. Kisting. FLORENCE McLAiiGIILIN, J. F. Kisting. CYRII. McLAUGHLIAT, J. F. Kis- ting. IDiI EST HER .IACOBSON, jVli: Hess David S. Jacobson. SARA R. JACOBSON, Witness David S. Jacobson. IDA E. JACOBSON, Witness David S. Jacobson. C Y R I L McLAUGFLIN, ANNA. iVIcLAUGHLIN, J. F. listing. ALOIS J. ENDER, ANNA EN DER, J. F. Kisting DUBUC~UE PACKING ('O., II. W. ~VAHLERT, Pres., Witness J. F. _Kisting. Councilman Van Duelmx:n moved that the Consent Agreement be re- ceived and made ^ matter of record and that a proper ordinance be or- dered drawn establishing a grade on said alley. Seconded by Council man Murphy. Carried by the follow- ing vote: Yeas-Mayor SkTharton, Council- men Murphy, Schueller, Thompson, Van Duelman. ItiTays-None. Cmnmanication of Eldon M. Row•~, Meter Service lbian in the Water Department, advising that he has been inducted into the armed forces of the I?nited States under the Sc• lective Ser?~ice Act and requesting that he be granted a leave of ah sence as provided by Resolution Nc. 14-41, of the City of Dubuque, Iowa presented and read. Conucilman Thompson move d that the request be granted and made a matter of record. Secoude~'. by Councilman Van Duelman. Car Tied 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 which warrants were drawn dur ing the mor:th of September, 1942. presented and read. Councilman Van Duelman moved that the proof of publication be re- ceived and filed. Seconded by Cr7tm (: i ,.(} _- +I{ I It: ` r,;~ -::~.~ ~ t~'4 ~ =~„i" ~l ~,,',~' ~, i~ji "a , ~ tj~ i'„T'i.9 `, , '~;h, 216 Regular Session, November 2nd, 19--12 Gilman Murphy. Cat•riecl by the fol• lowing vote: Yeas-Mayor Wharton, Cowicil- men IbIurphy, Schueller, Thompson Van Duelman. Nays-None. C o u'r G i l Proceedings for the month of July, 1942, presented fot approval. Cotmcilma,n Murphy moved that the Council Proceedings for the month of July, 1942, be approved as printed. Seconded by Council• man Thompson. Carried by the fol• lowing vote: Yeas-Mayor Wharton, Couucib men Murphy, Schueller, Thompson, Van Duelmdn. Nays-None. Dubuque, Iowa, October 9th, 1942. To the Honorable Mayor .znd Members of the City Council, Dubuque. Iowa. Gentlemen: In accordance with the provisions of Chapter 289 of the Code of Iowa, 1939, the Citiil ServicE Commission conducted competitive examinations for eligible list for appoitttnrent to positions as Ambe- lance Driver. The following list shows the names of those who pass- ed the examination with an average of 70`,"0 or better. Thic-; examination was held on October 8th, 1942. Name. Average, Gustave E. Fecker ..................99.33 ~, Jacob N. Welu .........................97.33%. Darrell N. Di1bY ...................93.67%. Howard K. Lent ....................82.33%. William T. 1Vankival ..............81.67% Herman J. Rave ....................75.S3w Leonard J. Anglin ...................75.00 j~ Respectfully submitted, C. S. HARDER, Chairman. JON. B. MLRRAY, Conunissioners. Attest: J. J. SHP:A, Clerk. State of Iowa ss. County of Dubuque Subscribed and sworn to before me, a Notary Public in and for Du- buque County, State of. Iowa, this 9th day of October, 1942. GERALDINE L. DEMDIER, Notary Public. Councilman Thompson move d that the report be received au,t made a matter of record. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Wharton, Coturcil~ men iUZurplry, Schueller, Tiiotnpson, Van Duelman. Nays-None. Dubuque, Iowa, October 14th, 1942. To the Honorable Mayor and Members of the 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 r: promotional examination on Octo ber 14th, 1942, for those seaking pro- motion to the position of Captair. on the Fire Department. This ex- amination was conducted due to the fact that no eligible list existed for this type of promotion. The follow- ing are those who passed with the highest averages. All promotions for the position of Captain on the Fire Department should be made frori this list. Name. Average. Harold H. Cosgrove ................83.6 7 % William F. Higgins ...............82.67% Respectfully submitted, C. S. HARDER, Chairman. DR. JON. B. MURRAY, Commissioners. Attest: J. J. SHEA, Clerk. State of Iowa County of Dubuque ) SS. Subscribed and sworn to before me, a Notary Public in and for Du- buque County, Iowa, this 14th day of October, 1942. GERALDINE L. DEMDIER, NotaryPublic. Councilman Thompson move d that the report be received and made a mater of record. Seconded by Councilman Vau Duelman. Car- ried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays-None. Dubuque, Iowa, October 28, 1942. To the Honorable Mayor and Members of tiie City Council, City of Dubuque, Iowa. Gentlemen: In accordance with the provisions of Chapter 289 of the State Code of Io`va, the Civil Ser- vice Commission conducted a pro- motional examination on October 28, 1942, for those seeking promotion for the position of Meter Service Man in the City Water Department. Only one applicant for this exam- ination. .:~. Y94~__ - -.-. ~-. Regular session, I\oven~ber 2na, 194:; 217 Name. Average. Robert F. Pfif%ner ......................100% Respectfully submitted, C. S. HARKER, Chairman. JON. B, NTURRAY, D.D.S., Conunissioners. Attest: J. J. SHEA, Clerk. State of Iowa SS. County of Dubuque J Subscribed aucl sworn to before xne, a Notary Public iu and for Du- buque County, Iowa, this 23th day of October, 1942. GERALDINE L. DEMKIER, Notary Public. Councilman Thompson move d that the report be received and made a matter of record. Seconded by Councilman Van Duelman. Car- ried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays--None. October 10, 1942. To the Honorable Mayor and City Council, Dubuque, Io1va. Gentlemen: I herewith submit the reports of the City Auditor, City Treasurer, City Health Department, City Water Works and City Recrea- tion Department, also list of pay- rolls and claims for which warrants were drativn during the month of September, 1942. P~espectfully submitted, A. A. RI3OMBEP~G, City Manager. Councilman Murphy xnoaed that the reports be received and placed on file. Seconded by Councilman Thompson. Carried by tlxe follativ- ixxg vote: Yeas-11Tayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nay s-None. October 23, 1942. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Referring to attached petition cf William Blades Estate, et. al., tlxe Planning and Zoning Com- mission recoxnmencls to your Honor- able Body denial of same. The lots in question, as well as other lots on tiVilson Aventte north of 1?uiversity Avexxue are small, being 43 to 55 feet front by 71 feet 5 inches to 74 feet t~vo inches in depth with areas aver- aging about 3,950 square feet. These lots are already crowded and evexx if rezoned to Multiple Family Classi- fication as requested, would have in- sufficient lot area for four-family dwellings under the Zoning Ordin- ance. Respectfully submitted, DUBTJQUE PLANNING AND ZONING COT~IMISSION, By Richard V. McKay, Secretary. Councilman Van Duelman moved that the recommendation of the Planning and Zoning Commission be approved. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays-None. October 28, 1942. To the Honorable Mayor aucl City Council, Dubuque, Iowa. Gentlemen: At a nxeeting of the Planning and Zoning Commission held October 21, 1942, the Secretary vas instructed to communicate with your Honorable Body for the pur- pose of acquainting you with the. fact that three important matters of progressive civic interest recom- mended by the Commission at vari- ous times during the past two yearn still renxaiu unactecl upon by City Council, to-wit: 1) The developmznt and improve- ment of the Allison-Henderson Playground at Loras Boulevard, Nowata Street and University Avenue (the Bush property) rec- ommenciecl to City Council by City R4anager November 26, 1942. This was part of a contract with the Allison-Henderson Memox°ial Satiety whereby their property cn the river front was to be deeded to the City for itxdustrial purposes. The acceptaxxce of this agreenxent was reconuueuded to City Council by the Planning and Zoning Conunissiou August 2L, 1940. 2) The Subclivisiou Orclinanee de- veloped after months of study by the Planning and Zoning Coux- mission and its adoption recom- mended to City Council July 23, 1941. 3) The Tourist and Trailer Camp Ordinance the result of exten- sive study of the best American practice, undertaken on written request by City Council dated July 23, 1941, the adoption of which ordinance was recom- mended to City Council May 15, 1942. The Planning and Zoning Com- mission records show these projects as "Unfinished F?usiness' and natur- ally the Commission feels that their studies, labors and consequent rec- ouxmeudations uxerit positive action by enactment into law of the sug- --~ _ -- gyn. - ~, - ;i.'i~; `k;',1', 218 Regular Session, November 2nc1, l~~-2 Bested ordinances or modifications thereof. In other words, the Com- mission feels that these important matters should not remain "Unfin- ished Business" and hereby solicit your co-operation. Respectfully submitted, DUBUQUE PLANNING AND ZONING COMMISSION, By Richard V. McKay, Secretary. Councilman D'Iurphy moved that the communication be referred to the City Manager and City Solicitor for the purpose of submitting a re- ply to the communication. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas-Mayor `Vhartou, Council- men Murphy, Schueller, Thompson, Van Duelmau. Nays-i~Tone. October 30, 1942. To the Honorable Mayor aucl City Council, Dubuque, Iowa, Gentlemen: On December 29, 1920, the City Council by resolution approved the sale of a strip of land at Elm and 24th Streets to William F. Heitzntann for X100.00 which was paid. The attached deed, issued on April 11, 1921, did not describe the property correctly, vas not executed by the City Clerk and had the gran- tee's name wrong. In order to rectify the matter, I reconunencl that the attached reso- lution he adopted and a corrected deed executed to William F. Heitz• mane so that the Property may be entered in the records for taxation. Respectfully submitted. A. A. RHOMBERG, City Managea•. Councilman Van Duehnan moved that the recommeuclation of City Manager Rhomberg be approved. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Dueltnau. Nays-Noce. Reso!utian i11o. 100-42 Whereas, the City Council of the City of Dubuque on December 29, 7.920, approved the sale cf a strip oY land from Lot 107 of L. H. Lang- worthy's Adciitiou anprosimately seven and one-half feet in width un E. 24th (then Sanford A~renue) and fifteen and one-half feet in the rear to William F. Heitzmanu for X100.00, anti Whereas, on the payment of the purchase price of X100.00 a faulty deed was issued, which now requires correction; \TOjv, Therefore, Be It P°esolved by the City Council of the City of Dubuque the sale oY said strip of land to William F. Heitzmann be approved and the Mayor and City Clerk are hereby authorized and di- rected to execute a deed to the fol- lowing described premises, situatad in Dubuque County, State of Iowa, to-wit That portion of Elfin Street de- scribed as tollows: Beginning at a point on the south property lice of Sanford Avenue (now E. 24th Street), one hundred fifty-two and four-tenths .feet (152.4') from Washington Street, thence south twenty-four degrees fifteen minutes (24° 15') east sev- enty feet (70'), thence north sixty- five degrees fifty minutes (G5° 50') east fifteen anti live-tenths feet (15.5'), thence iu a northwest- erly direction to a point on the south property line of Sanford Avenue (now E. 24th Street), which is north sixty-five degrees fifty minutes (G5° 50') east, thence west along the property line of Sanford Avenue seven and one- half feet (7?'s'j to the place of beginning, said parcel of real es- tate fronting seven anti one-half feet (7?'a") on Sanford Avenue (now E. 24th Street) aucl being fifteen and one-halt feet (15?%'j in width in the rear. Passed, adopted and approved this 2ncl clay of November, 1942. ALBERT WHARTON, Mayor. F. tiV. THOMPSON, FRANK VA\T DUEL,VIAN, GEO. R. MURPHY, B. A. SCHLTELLEIi, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the resolution. Second- ed by Councilmatt Van Duehnan. Carried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Tiiontpson, Van Duehnan. iJays-None. Resolution Rlo. 105-4L Be It Resolved by the City Coun- cil of the City of Dubtaque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Du- buque, be granted a permit to sell cigarettes and cigarette pavers with- Regular Session, November 2nd, 1942 219 in said City, and the Manager is di- rected to issue such permit on be- half of said City. Name. Address. L oras College, 655 Loras Blvd. Ee It Further Resolved that the bond filed with the application be approved. Passed, adopted and approved this 2nd clay of November, 1942. ALEERT WHARTON, Mayor. F. W. THOMPSON, FRANK VA NDUELMAI\T, GEO. R. MURPHY, B. A. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Murphy. Car- ried by the follotiving vote: Yeas--Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays-None. Resolution No. 107-42 Whereas, applications for Class "B" Beer Permits have been sub- mitted to this Council for approval and the same have been examined: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the 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. Mrs. Rosemary Hird, 2220 Univer- sity Avenue. Gus Henkel and Bernice Henkel, 1046 Central Avenue. Lewie A. Freymann aucl Spencer P. IVright, 332 Eighth Avenue. Mrs. Margaret Blum, 700 East lfitix Street. Ray Nicks, 621 East 22nd Street. Win. Barrington and Glen Miller, 520 West Fifth Street. Passed, adopted and approved this 2nd day of November, 19-12. ALBERT WHARTON, Mayor. F. IV. THOMPSON, FRANK VAN DU.F.LIIAN, GEO. R. MURPHY, E. A. SCHUELLER, Councilmen. Attest.: J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the resolution. Second- ed by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays-None. Resolution No. 108-42 Whereas, heretofore appiications 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 bean inspected and found to comply with the ordinances of this City aucl they have filed a proper bond: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the NIau- ager be aucl he is hereby directed to issue to the following named aPPli- cants aBeer Permit: CLASS `B" PERMIT Nanxe. Address. Mrs. Rosemary Hird, 2220 Univer- sicy Avenue. Gus Henkel and Bernice Henkel, 1046 Central Avenue. Lewie A. Fx•eymanu and Spencer P. Wright, 332 Eighth Aver_ue. Mrs. Margaret Blum, 700 East 16th Street. Ray Nicks, 521 East 22nd Street. Wm. Barrington and Glen Miller, 250 West Fifth Street. Be Ii Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 2ucl day of November, 19.12. ALEERT WHARTON, Mayor. F. W. THOMPSON, FRANK VAN DUELNTAN, 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 Van Duelman. Carried by the following vole: Yeas-Mayor IVhartou, Council- men Murphy. Schueller, Thompson, Van Duelman. I\Tays-None. Application of The Victory Club for a Class `B" Beer Permit for Pri- vate Chxb presented and read. Councilman 11lurphy moved that the application be referred to the Council for investigation and report. I+ I'~ ";i ~: '~ ~' ' ' in ' s ;'.~yi; ~,~, 220 Regular Session, Nc ~; ~'i'. i Seconded by Councilman Van Duel- ~„ ~I;., man. Carried by the following vote: Yeas-Mayor Wharton Council- , " ` men Murphy, Schueller, Thompson, , „,~„ Van Duelman. _ ;, __,: '` ^, Nays-None. _ ~,_ `':-~ There being no further business „K~ _ j~,; Councilman Van Duelnaan moved to -. ,, -' "°s;: adjourn. Seconded by Councilman _ '` ~'C~',`, Murphy. Carried by the following vote: z; it °! '^ Yeas-Mayor Wharton, Council- , ',~, , "a~ 'r men Murphy, Schueller, Thompson, I ;;~ ~''I Van Duelmau. 3 i Nays-None. '~~'~I, J, J. SHEA, Clerk Cit i . y I ~ Approved ..............................1943. Adopted ......................................1943. 0 Councilmen: ~ ...................................... Attest : ................................................ City Clerk. ~vember 2nd, 1942 _. Special Session, November 4th, 19-2 221 (®fficial.) Special Session, November 4th, 1942. Council nxet at 7:30 P. M. Present-Mayor TVharton, Coun- cilmen Murphy, Schueller, Thomp- son, Van Duelman, City Manager Rhomberg. Meeting called by order of Coun- cilmen Thompson anti Van Dael- mau. Mayor `Wharton read the call and stated that service thereof had bzen duly made and that this meeting is called for the purpose of canvassing the vote cast at the Special Election held November 3rcl, 1942, and acting on any other business as may prop- erly come before a regttlat• meeting of the City Council. Councilman Van Duelman moved that the rules be suspended for the purpose of allowing' any one present in the Council Chamber, ~vho wishes to do so, to address the Council. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas--Mayor ZVharton, Cotuicil- men Murphy, Schueller, Thompson, Van Duehnau. Nays-None. 1~r. Charles Landon, Chairman of the City of Dubuque Bridge Com- mission, addressed the Council rela- tive to the request of Swift & Com- pany for the ouxission of the side- walk along' the new street adjacent to their plant as called for in the plans for the construction of the new bridge. Petition of Swift & Company re- questing the City Council to omit the sidewalk along the new street adjacent to their plant as called for iu the plans for the construction of the new high bridge, presented anct read. Councilman Schueller moved that the request be denied. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor TVharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays-None. The vote of the Special Election of 1?ovember 3rd, 1942, was then canvassed and showed the following• result: -1~ '~ G ~ ~ ,~.~ ~' V ~ M -V -N ti V U ~ H ~ ~ ~ ~ ~ ~ U ~ .+ ~ U ~ ~ 4J ~ ~ N ~ ~ ~ as ~ dJ ,'U ~ ~ ~ n ~. ~ ,~ N N '"~ ~ ~ :, P ~, ~ ~ ~ ~ r a~ ~ ~ ~ Yes 323 400 216 366 578 55G 379 42^u 353 460 223 214 276 482 342 5594 No 8G 86 6S 102 121 142 97 67 149 143 92 91 154 222 148 1768 222 Special Session, November 4th, 19-a-2 Resolution No. 109-42 Whereas, a special municipal elec- tion was held on the 3rd day of November, 1942, in the City of Du- buque, Iowa, pursuant to the provi- sions of Resolution No. 103-42, pass- ed and adopted by the City Council of the City of Dubuque on the 13th clay of October, 1942, at which elec- tion the following question or prop- osition was submitted to the elect- ors of said City of Dubuque as pro- vided by Chapters 303.1 and 319 of the Code of Iowa, namely, to-twit: "Shall the following public measure be adopted? Shall the City Council of the City of Du- buque, Iowa, be authorized to levy an annual special tax of not exceeding tlu•ee-fourths of one mill per annum upon all the tax- able property in said City for the purpose of acquiring, operating, equipping or maintaining a city airport?" Whereas, the votes cast at such election were canvassed by said City Council of said City of Dubuque on the 4th clay of November, 1942, at a special meeting of such City Coun- cil called into session for said pur- pose, and the result found to be as follows: YES 5594 INTO 1763 Whereas, it appears from such canvass that a majority of all the electors voting at said special elec- tion voted in favor of the proposi- tion and in favor of the authoriza- tion of an annual special tax as stated in the proposition, Now, Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque, that, in compliance with the wishes of the people expressed at the special elec- tion held on November 3, 1942, an annual special tax will be levied upon all the taxable property in said city as stated in the proposition. Passed, adopted and approved this 4th clay of November, 1942. ALBERT TVHr1RTON, 1llayor. F. W. THO-IPSON. FRANK VAN DUELMAIT GEO. R. 11IURPH-i, B. rl. SCHUELLER. Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Dttelnsan moved the adoption of the resolution. Sec- onclecl by Cottncilnsan Thompson. Carried by the followiug vote: Yeas-Mayor ZVhartou, Council- men -Iurphy, Schueller, Thompson, Van Dueltuan. Nays-None. Notice of supplemental Estimate The City Council of the City of Dubuque of Dubuque County, Iowa, will meet on the 16th day of. Novem- ber, 1942, a.t 7:30 o'clock p. m., at the City Hall, at which time and place taxpayers will be heard for or against the followiug' estimates for levies of tales for the year 1942 for the Airport Fund. The pro- ceeds from said tax levies will be used to pay the cost of acquiring, operating, equipping, or maintaining a city airport and to pay the in- terest and principal of any bonds issued to accomplish such purpose. AIRPORT FUND Levies Year Levied Year Collected Amount 1942 1943 $2G,G4G.00 Total ..................................$2G,646.00 By order of the City Council of the City of Dubuque of Dubuque County, Iowa. ALBEP~T TVHARTOI~T, Mayor. J. J. SHEA, 11-5-1t City Clerk. Resolution fdo. 110-42 Whereas, the Council of the City of Dubuque in compliance with the wishes of the people as expressed in the special elections of November 3rd, 1942, has caused to be Prepared a supplemental estimate for the levy of an airport tax of three-fourths of one mill for the year 1942, the same to be collected the year 1943 and said estissiate having been duly ap- proveel by it; Noty, Therefore, Be It Pesolved by the City Cotus- c•il of the City of Dubuque that said supple~ueutal estimate be atul the saute is hereby ordered filed in the office of the Clerk of Dubttq:te and the date of public hea'ring' thereon is hereby fixed as the 1Gth clay ,of November, 194°, at 7:30 o'clock P. 1I. in the Council Chamber in the City Hall. Be It Further Resole ed that said clerl~ be and he is hereby directed to cause said supplemental estimate and proposed tax levy to be publish- ed in the Telegraph-I3eralcl aucl an oilicitl notice be given of the time and place, whoa and where said budget estimate will be consiclerecl by said Council for final adoption, at which time and place taxpayers twill be heard for and against said estimate, said publication to be not Special Session, November 4th, 1942 223 less than ten (10) days before said elate of hearing. Passed, adopted and approved this 4th day of November, 1942. ALBERT WHARTON, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, GEO. R. MURPHY, E. A. SCHUELLEP~, Councilmen. Attest: J. J. SHEA, City Clerk. C-ouncihnau Schueller moved the adoption of the resolution. Second- ed by Councilman Van Duehnan. Carried by the following vote: Yeas-Mayor `Vharton, Catulcil- men Murphy, Schueller, Thompson, Van Duehmau. Nays- None. Notice of claim of Mrs. Joseph Elherbach in the amount of $15.00 for damages resulting fi•ont a fall while crossing a defective intersec- tion between Diamond and Ruby Streets, 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- cihnan Van Dnelma.n. Carried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duehnan. Nays-None. Ordinance No. 24-n2 An Ordinance relating to sicle~valk and/ or street displays of meat and/ or food products, repealing all Ordi- nances in conflict herewith, and pro- viding for a penalty for the violation of the provisions hereof, presented and react. Cotmcilman Thompson moved that the reading just heel be consid- ered the first reading of the ordi- nance. Setondecl by Councilman Van Duehnan. Carried by the fol- lo~ving vote: Yeas-Tvlayor tiVha,rton, Couttcil- tnen 11Itarphy, Schueller, Thompson, Van Duehnan. I~?ays-None. Councilman Thompson moved that the rules be suspended requir- ing au ordinance to be react ott three separate days. Seconded by Cotn7- cihuan Van Dttelman. Carried by the following vats: Yeas-Mayor Wharton, Council- men 11lurphy, Schueller, Thompson, Van Duehnan, Nays-None. The ordinance was then react a second time. Councilman Thompson moved that the reacting just heel be considered the second reading of the ordinance. Seconded by Coun- cilman Van Duehnan. Carried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duehnan. Nays-None. Councilman Thompson moved that the ordinance be placed cu file with the City Clerk for public in- spection for at least oite weelc be- fore its final adoption. Seconded by Councilman Van Duelmati. Car- ried by the following' vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duehnan. Nays-i\TOUe. November 4, 1942. Honorable Mayor «ttd City Council, City of Dubuque, Iowa. Gentlemen: In regard to the letter addressed to the Honorable Mayor and City Council by one F. C. Burdt claiming $17.G0 of Jatnes F. Lee for certain work in Plumb Street, I re- port that a resolution tivas passed by the City Council accepting the work and authorizing payment to the Con- tractar on December 1, 1941. There- after, payment was so meets. The City has no funds in its haucls clue the contractor for this particu• tar work. If there is any liability to claim• ant it is upon the Contractor's Im- provement Bond in accordance with the terr_is of the band and Section 10304 of the Code of Iowa. I recom- mend that the claim be filed. Yours truly, JOHN J. I~INTZINGER, City Solicitor. Councilman ?~-Iurphy moved that the rccanunendaticn of City Solici- tor Iiintzinger be approved. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas--Mayor Wharton, Council- men illurphy, Schueller, Thompson, Van Duelmau. 1Vays-None. November 4, 1942. In re: Clain of Shirley Strader Honorable -iayor and City Council, City of Dubuque, Iowa. Gentlemen: ZVith reference to the claim of Mrs. Harold Strader, filed as another and neat of friend of Shir- ley Strader, filed on October 12, 1942, for damages in the sum of $35.00 for doctor bills and e:.penses because of an injury on or about 224 Special session, ~iovember 4th, 1942 September 14, 1942, from a defective sidewalk south of 1329 Madison Street from investigation I am of the opinion that this is a dangerous walk a,ncl tlxe claitax should be al- lowed. I reconuneud filet this claim be al- lowed in the sum of X36.00 and that the salve be payable to Mrs. Harold Strader, mother and neat of friend of Shirley Strader upon delivery to the City of a proper release. Respectfully submitted, JOAN J. I~INTZINGER, City Solicitor. Councilman Van Dtxehnan moved that the recommendation of City So- licitor Irintzinger be approved and that the City Auditor be instructed to draw a warrant in the amount of X35.00 in favor of Mrs. Harold Strader as settlement in full of said claim and that said lvarrant be de- livered upon delivery to the City of a Proper release. Seconded by Coun- cilman Thompson. Carried by the following vote: ~'eas-11/ayor TVharton, Cotmcil- men Murphy, Schueller, Thompson, Vall DUeltllall. Nay: tTOne. November 4, 1942. In re: Claim of Helen Aeins Holorable Mayor and City Cotxncil, City of Dubncque, Iowa. Gentlemen: With reference to the above clail7x filed November 2, 1942, for certain damages for ale in- jury that occtxrrecl on May 17, 1942, at Eagle Point Parl., this claim has not been filed in accordance with the law and is, therefore, outlawed. I reconunenct that sa,icl claim be denied. Respectfully submitted, JCIiN J. iiINTZINGER, City Solicitor. Councilman 1\ZttrphY moved flat the recommendation of City Solici- tor I~intzixxger be approved. Sec- onded by Couucilnan Schueller. Carried by the following vote: Sleas--Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Dtxehuan. Nays-None. Novelllber 4, 1942. In re: Claim of llZrs. Jim Casey Honorable Mayor and City Council, City of Dtxb~zque, Iowa. Gentlemen: With reference to the above claim filed October 28, 1942, for certain damages for an in- jurg~ that occ~trrecl on May 17, 1942, at Eagle Point Park, this claim has not been filed in accordance with the laZV and is, therefore, outlawed. I recoxnlnend that said claim be denied. Respectfully submitted, JOHN J. I~INTZINGER, City Solicitor. Councilman Schueller moved that the recommendation of City Solici- tor Iiintzinger be appl•ovecl. Sec- onded by Cotaicihnan Murphy. Car- ried by the following vote: 3'eas-Mayor Wharton, Council- men IVlurphy, Schueller, Thompson, Van Duelman. Nays-None. Honorable Mayor a,ucl City Council, City of Dubuque, Iowa. Gentlemen: jTdith reference to the following claims, I make the fol- lolviug report: I reconunend that the Petition for Suspension by 1\Zrs. Katie A. Miller for the tales on Johnston's Sub., Lots 9 and 10 in the City of Dubuque be suspended. 1Vith reference to the claim of Della C. Tllul for cancellation of taxes on S. 6 of Lot 2 and all of Lot 3, I~leinscilnliclt's Sub., in the City of Dubuque, Iowa, I recommend that the taxes be suspended. With reference to the claim of P,~Irs. Pred Mayer, I recolnnxend that the 1941 taxes on Lot 126, Fh1ey Waples &, Burton's Aclclition be sus- pended. I reeomuleiul that the recommen- dations on said Petitions should be approved by the City Cotuicil of the City of Dubuque and notification of such approval be given to the Board of Supervisors of Dubuque County, Iovra. Respectfully submitted, JOHN J. I~INTZINGER, City Solicitor. Councilman Van Duelman moved that the recommeuclation of City So- licitor Iiintzinger be approved and the Boarcl of Supervisors to be noti- fied of the action taken by the City Council. Seconded by Councilman Murphy. Carried by the following vote: 3'eas-Mayor Wharton, Council- men Mul•phy, Schueller, Thompson, Van Duelman. Nays-None. ~E"J®I tft70li fro. 111---42 Whereas, application for Class "B" Beer Permit ha,s been submitted to this Council for approval and the salve has been examined; No~v,- Therefore, Be It Resolved by the Council of the City of Dubuque that the follow- Special Session, November 4th, 194'2 225 ing application be anti the sanxe is hereby approved and it is orclerecl tlxat the premises to be occupied by such applicant sha11 he forthwitlx in- spected. Class "~" Permit fior Private Club Name Addx•ess The Victory Club, 951 i/2 Maiu Street. Passed, adopted and approved this 4th day of November, 1942. F. W. TIIOTv1PSON, FRANK VAN DUELMAN, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas-Councilmen Murphy, Tlxompsan, Van Duelman. \~ays-Couucilmaii Schueller. Mayor Wharton not voting. There being no further business, Councilman Thompson moved to ad- journ. Seconded by Councilman Van Duehnan. Carried by the fol- lowing vote: Yeas-Mayor Wharton, Council- men Murphy, Schuelier, Thmnpson, Van Duelman. Nays-Noce. J. J. SHEA, City Clerk. Approved ..................................1943. Adopted .....................................1943. Councilmen: { ...................................... Attest : ................................................ City Clerk. ', ;E' ~,,~4 , ~,i~ ~: , ;,. ~~.,., fir; :. ,%: ~. . ,,~E = Err: Vkq ,_ 22b Special Session, ~lovember lbtlt, 1~i=12 ~~~~ .~~~ (®fFicial.) Special Session, November 16th, 1942. Council met at 7:30 P. AZ. Present-Mayor Wharton, Coun- cilmen Murphy, Schueller Thomp- son, Van Duelman, City Manager Rhomberg. Meeting called by order of Coun- cilmen Thompson and Van Duel- mau. 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 upon a supple- mental estimate for levy of taxes for the year 1942 for the Airport Fund 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 public hearing upon a supplemental estimate for levy of taxes for the year 1942 For the Airport Fund pre- sented and read. No written objec• tions filed and no objectors present in the Council Chamber. Councilman Murphy moved that the proof of publication be received and filed. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote: Yeas-Mayor Wharton, Couucil- men Murphv, Schueller, Thompson, Van Duelman. Nays-None. Notioe of Supplemental estimate The City Council of the City of Dubuque of Dubuque County, Iowa, will meet on the 1Gth day of Novem- ber, 1942, at 7:30 o'clock p. m., at the City Hall, at tivhich time and place taxpayers will be heard for or against the following estimates for levies of taxes for the year 1942 for the Airport Fund. The proceeds froth said tax levies will be used to pay the cost of acquiring, operating, equipping, or maintaining a city air- port and to pay the interest an{1 principal of any bonds issued to ac- complish such purpose. AIRPORT FUI\TD Levies Year Levied Year Collected Amount 1942 1943 ~26,64G.00 Total .................................$2o,G4G.00 By order of the City Council of the City of Dubuque of Dubuque County, Iowa. ALBERT VJHARTOi\r, Mayor. J. J. SHEA, City Clerk. Resolution No. 112-42 Whereas, The Council of the City of Dubuque in compliance with the will of the electors expressed in ±he election of November 3, 1912, caused to he prepared and published a Sup- plemental Estimate of Expenditures for au Airport Fund for the fiscal year beginning April 1, 1943, and ending March 31, 1944, and the hear- ing upon said Supplemental Esti- mate vas fixed for the 1Gth day of November, 1942, at 7:30 P. M., at the Council Chamber in the City Hall; and Whereas, This being the time and place set for said hearing, said Sup- plemental Estimate was taken up for final consideration by the Coun- cil and all parties in interest have been given the opportunity to be heard for or against said Supple- mental Estimate. It Is Therefore Resolved by the City Council of the City of Dubuque, Iowa: That the Supplemental Estimate for Airport Fund for the fiscal year beginning 1~pri1 1, 1943, and ending March 31, 1944, heretofore prepared and published be and the same is hereby finally approved anti adopt- ed and the 1layor and Clerk are di- rected to certify the same to the County Auditor of Dubuque County, Iowa together with the verified proof of publication anti the notice of hearing upon said Sttpplemeutal Lstimate. Be It Further Resolved, 't'hat the three-quarter mill tax required to be collected for the Airport Fund in the year 1943 be and the same is hereby levied in the amount of w2+i,G46.00 as shown in said Supple- mental Estimate. Be 1~ Further Resolved, That all property within the corporate limits of said City is hereby cleterutined to receive benefits from said airport tax levy. Passed, adopted and approved this 16th day of November, 1942. ALBERT WHARTON, Mayor. F. ZV, THOMPSO~T, FRANK VAN DUELM.IN, GEO. R. MURPHY, B. A. SCHUELLER, Councilrteri. Attest: J. J. SHEA, City Clerk. ~~r. Special Session, November ] oth, 19-42 Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Wharton, Council- men -~Iurphy, Schueller, Thompson, Van Duelman. Nays-None. Communication of Emil ~7audel maitiug claim for damages to his clothing caused in a fall on a defect- ive sidewalk on the East side of Auburn Street in the 1500 block presented and read. Councilman Thompson moved that tite communication be referred to the City Solicitor for investiga- tion and report. Seconded by Coun- ciluan Van Duelman. Carried by the following vote: `y`eas-11layor tiVharton, Council- men itilurphy, Schueller, Thompson, Van Duelman. Nays-i\TOne. Petition of the IInited States Fi- delity and Guaranty Company re- questing cancellation of the beer hood of Spit•as D. Coven and George T. Vrotsos as of Jttly 30th, 1942, pre- sented and read. Councilman Van Duelman moved that the request be granted. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays-None. Petitian of tlae Retail 11lerchants' Bureau requesting permission for the erection of Christmas decora- tions at the intersections on 11lain Street from Fourth to Eleventh, in- clusive, and on Eighth Avenue from Iowa to Bluff, inclusive, and also re- gtaesting tl;at the City of Dubuque assuane tlae cost of current for the lighting of saute from November 25th to January 2nd, presented and read. Councilman Schueller tnovecl that the City tivill agree to grant the re- quest and assurne the cost of ettr- rent for the lighting of the tlocora- tions if the Retail IdTerchants' Bu- reau still desire such action in view of the recant infarrtation received from the ~Var Production Board re- garding the curtailment of lig'htiaag for Christmas decorations. Seconcl- ecl by Councilman Ve~ai Duelman. Carried by the folla~vit:g vote: Yeas-Nlayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays-Noce. Communication of ~V. E. Schaefer, Adjutant, Dubuque Post No. G. The '?2i American Legion, advising' Cauncil that the Conunauder of the Atnet•i- can Legion was authoriaecl and eui- pov~ered to appoint a committee of three members of the Post, namely Thos. E. Byrne, Chait'man, Benja- min F. Pickard and Donald L'. Bartch, to be known as the Airport Committee aucl also that the 1ltayor of the City of Dubuque, the City Contacil, and the Chamber of Coan- merce be aclvisecl of the personnel of the Committee, so that ~vlmen meet- ings are held pertaining to the es- tablishment of a Municipal Airport that this Committee may be notified of such meetings, presented and read. Councilman Thompson mov- ed that the communication be re- ferred to the Mayor artcl City Coun- cil and the City Clerk instructed to advise The American Legion of the action taken by the City Catuicil. Seconclecl by Councilman Van Duel- man. Carried by the fallowing' vote: Yeas-Mayor TVharton, Council- men Murphy, Schueller, Thompson, Van buehnan. Nays-None. Decision and Order of The Iowa State Conunerce Commission in the matter of the application of the City of Dubuque for an order requiring a watchman at the East 29th Street railroad crossing and ordering the Chicago Great Western Railway Company to provide and maintain flagman protection bettiveen the hotars of 7:00 A. M. and 6:00 P. NI. each day of the week at the location where East 29th Street in the City of Dubuque crosses its tracks; with the further provision that at such time as materials become available for the installation of flashing' light signals that the railway company may without further order from the Coa~unission install and maintain such signals in lieu of the flagman protection, presented and read. Councihmam Van Duelman moved that the Decision and Order of The Iawa State Conunerce Commission be received and placed on file. Sec- anclecl by Cotuacilnaan Thompson. Carried by the fallowing' vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays-None. November 10, 1942. To the Honorable 1liayor atul City Catuicil, Dttbttque, Iowa. Gentlemen: I herewith submit the reports of the City Auditor, City Treasurer, City Health Department, City Recreation Director and City `'t~aterwarks, also the list of claims 22,8 Special Session, November 16th, 192 anti payrolls for `vhich warrants were drawn chtriug the mouth of October, 1942. Respectfully sttbmitted, A, A. RHOMBERG, City Manager. Councilman DTurphy moved that the reports be received and placed on file. Seconded by Councilman Thompson. Carried by the follow- ing' vote: Yeas-i\Zayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays-None. [~ESOIu#ion fVo. 113-42 Be It Resolved by the City Council of the City of Dubuque that the fol- lo~ving, having' complied with the provisions of law relating to the sale of cigarettes within the City of Dtt- buque, be granted a permit to sell cigarettes aucl cigarette papers within said City and the Manager is directed to issue sttch permit on be- half of said City. Natne Aclelress North Eucl Choral Club, 27X.2776 Jaclaml Street. I3e It Ftuther P~esolved that the bond filed with the application be approved. Passed, adopted and approved this 16th day of November, 1942. ALBERT WHARTON, Mayor. F. W. THOMPSOAT, FRANN VAN DUELMAN, GEO. R. MURPHY, £~. A. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clex•li. Councilman Schueller moved the adoption of the resolutian. Second- ed by Councilman IlTurphy. Carried by the following vote: Yeas-ll~tayor TVhartoxx, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays-None. Rosolution No. 114-42 Whereas, heretofore application was filed by tlae within named appli- cant for Class "B" Beer Permit and it has received the approval of this Council; and Whereas, the premises to be occu- pied by such applicant have been in- speeted and found to comply with the ordinar_ces of this City and a proper bond has been filed; Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the Mana- ger be and he is hereby directed to issue to the following' named appli- cant aBeer Permit. Claw "~" Pormit for :'rivate Club Name Address The Victory Club, 951?/ Main Street. Be It Furthex• Resolved that the bond filed by such applicant be and the same is hereby approved, P assed, adopted and approved this 16th day of November, 1942. F. W. THOMPSON, FRANK VAN DUELMAN, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerl=.. Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Thompson. Car- ried by the follotiving vote: Yeas-Councilmen Murphy, Thompson. Van Dttehnan. Nays-Cottttcilman Schueller. Mayor Wharton not voting. ~esoiufion Rlo. 115-42 RESOLUTION AND APPLICATION FOR PERIbTANENT TRAl\?SFF..R OF FUNDS Whereas, An emergency tam levy tiva,s oracle by the City Council of the City of Dubuque for ttse in sup- plementing the ftmds redui~°ed for debt service during the fiscal year beginxaing April 1, 1942, and ending Itlarch 31, 1943, upon authority and approval of the State Comptroller; and Whereas, As of the 1st day of November, 1942, there were cash bala~uces in the Grading Fuud of X565.35 and in the Improvement Fttnd of X3,07'7.54; and Whereas There is nozv in the lauds of the City Treasurer and credited to the Emergency rand the snm of $35,406.72, which is available for transfer to the Grading and Im- prov ement Funds above referred to for debt service; and Whereas, During the current fis- cal year Gracliug Boucls in the amount of X15,000.00 and Improve- ment Bonds iu the axilount of :35,000.00 mature and Grading Bond Interest in the amount of X3,270.00 plus Ilnprovemeut Bond Interest in the amount of $7,750.00 become due and payable; and Whereas, In order to pay the ob- ligations clue it is necessary to maliP transfers of X16,963.36 from the Emergency Fuud to the Grading Fund and of $18,443.35 from the Emergency Fund to the Improve- ment Fund; and iVhereas, Before any transfer can be made fi•om the Emergency Fund to any other fund, an application Special Session, ~To~renlber 16th, 19-2 229 must be made to the State Comp- traller for authority to mare the transfer and his approval secured thereon: Now, Therefore, Be It Resolved, By the City Council of the City of Dubuque, that subject to the approval of the State Comptroll- er, there be and there are hereb}• transferred from the Emerg~eucy Fund the sum of $16,963.36 to the Grading Fund and the sum of $18,443.36 to the Improvement Fund, and the State Comptroller is hereby petitioned to authorize and approve such transfers; and Be It Further Resolved, That upon the approval of such transfer the Auditor of the City of Dubuque is directed to ad- just his books accordingly and to notify the Treasurer of such trans- fers, and such notification shall be accompanied by a copy of this reso- lution and the record of its adop- tion. The resolution was passed, adopt- ed and approved by unanimous ac- tion of the City Council on the 16th day of November, 1942, and all mem- bers thereof signed their iiatnes thereto. ALBERT WHARTON, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, GEO. R. MURPHY, B. A_. SCHLTELLER, Couucilnteu. Attest: J. J. SHEA, City Clerk, Councilniau Murphy moved the adoption of the resolution. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas-Mayor Wharton, Council- men Mm•phy, Schueller, Thompson, Va,n Duelman. Nays-I~TOUe. resolution No. 116-42 RESOLUTION AND APPLICAT[ON FOR PERMANENT TRA?`?SFER OF FUNDS Whereas, During the current fis- cal year Improvement Bonds in tha amount of $35,000.00 mature and Iln- provement Bond Interest in the amount of $7,750.00 becomes due and payable; and Whereas, There is now in the hands of the City Treasurer and credited to the Improvement Fund the sum of $3,077.54 which is to be supplemented by a transfer of $18,443.36 from the Emergency Fund; and Whereas, As of the 1st day of No- vember, 1942, there was a cash bal- ance of $42,171.59 in the Water Works General Fund and a balance of cash antl securities of $78,125.40 in the Water Works Sinking Funcl; a,nd TVhereas, No Water Works Bonds nar Interest are due and payable during the remainder of the current fiscal year and $35,000.00 in bonds and $6,047.50 in interest become due axxcl payable during the succeeding year and therefore the requirements of Section 6151.1 of the Code have been fully met; and Whereas, In cyder to pay thq ob- ligations due, it is necessary to make a transfer of $20,000,00 from the Water Works General Fund to the Improvement Fund; and ZVhereas, Before any transfer can be made from the Water Works Gen- eral Fund to any other fund, an application must be made to the State, Comptroller for authority to make the transfer and his approval secured thereon; Now, Therefore, Be It Resolved, By the City Council of the City of Dubuque, that subject to the approval of the State Comp- troller, there be suet there is here- by transferred from the Water Works General Fund to the Im- provement Fund the sum of $20,000.00, and the State Comptroll- er is hereby petitioned to authorize anti approve such transfer; suet Be It Further Resolved, That upon the approval of such transfer the Auditor of. the City of Dubuque is directed to ad- just his books accordingly and to notify the Treasurer of such trans- fer and such notification shall be accompanied by a copy of this reso- lution suet the record of its adop- tion. The resohtion was passed, adopt- ed and approved by unanimous ac- tion of the City Council on the 16th day of November, 1942, and ail members thereof signed their names thereto. ALBERT tiVHARTON, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, GECI, R. MURPHY, E. A. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the. resohation. Second- ed by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Wharton, Ceuncil- men Murphy, Schueller, Thompson, Van Duelman. Nays--None. 230 Special Session, ~oveinber 16th, 1912 Councilman Van D;;elman ;roved that City Manager A. A. Rlomberg~ be designated as Mileage Adminis- trator for the City of Dubuque, Iowa. Seconded by Councilman Mur- phy. Carried by the following vote: Yeas--Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays-None. There being no further business, Councilman Van Duelman moved to adjourn. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Wharton, Council- men Murphy, Schueller, Thompson, Van Duelman. Nays-None. J. J. SHEA, City Clerk. Approved ....................................1943. Adopted ......................................1943. Councilmen: ~ ...................................... Attest : ................................................ City Clerk.