1942 December Council ProceedingsRegular Session, December 7th, 1942 231
~~ ~ ~ i.l ~ii~ ~~ i
(Official)
Regular Session, December i th,
1942.
Council met at 7:30 P. M.
Present-Mayor Wharton, Coun-
cilmen Murphy, Schueller, Thomp-
son, Van Duelman, City Manager
Rhomberg.
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.
Councilman Thompson move d
that the rules be suspended for the
purpose of allowing any one pres•
ent in the Council Chamber, who
wishes to do so, to address the
Council. Seconded by Councilman
Schueller. Carried by the following
vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Tlompson,
Van Duelman.
Nays-None.
Mr. Fred Lenstra, member of Du-
buque Civilian Defense Corps, ad-
dressed the Council requesting the
use of the fire equipment at the
city's six fire stations for the pur-
pose of sounding their sirens and
also for the placing of the four
pieces of obsolete fire equipment at
strategic points throughout the City
for the purpose of sounding their
sirens for both the trial blackout
tests on December 9th and the
blackout of December 14th.
Councilman Murphy moved that
the City Council go on record as in
favor of granting the request of the
Dubuque Civilian Defense Corps for
the use of the fire equipment at the
City's six fire stations for the pur-
pose of sounding their sirens and
also for the placing• of the four
pieces of obsolete fire equipment at
strategic points throughout the City
for the purpose of sounding their
sirens for both the trial blackout
test of December 9th and the black-
out of December 14th. Seconded by
Councilman Van Duelman. Carried
by the following vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Thompson,
Vau Duelman.
Nays-None.
Councilman Vau Duelman moved
that the City Council instruct all
City Employees to co-operate with
the O. C. D. Officials in both the trial
blackout test to be held December
9th and the blackout to be held De-
cenxber 14th. Seconded by Council-
man Thompson. Carried by the fol-
lowing vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Thompson,
Van Duelman.
Nays-None.
Ordinance No. -42. An Ordin-
ance granting authority to the Illi-
nois Central Railroad Company, its
successors and assigns, to construct,
maintain and operate certain track
and sidings upon the public grounds
and streets of the City of Dubuque,
presented and read. Mr. Paul Smith,
Attorney, representing the Illinois
Central Railroad Company, address-
ed the Council and requested pass-
age of said ordinance.
Councilman Murphy moved that
the ordinance be referred to the City
Manager and City Solicitor for their
recommendation and report. Sec-
onded by Councilman Van Duelman.
Carried by the following vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Thompson,
Van Duelman.
Iv'ays-None.
Communication of J. A. Iierper,
Secretary, Dubuque Chamber of
Commerce, advising Council that at
a meeting of the Board of Directors
of the Retail Merchants Bureau,
that it was definitely decided not
to utilize outside street lighting in
connection with any decorations for
the holiday period, this action was
taken iu order to conform with the
suggestion made by the War Pro-
duction Board, presented and read.
Councilman 1VIurphy moved that
the communication be received and
filed. Seconded by Councilman Van
Duelman. Carried by the following
vote:
Peas-Mayor Wharton, Council-
men Murphv, Schueller, Thonxpson,
Van Duelman.
Nays-None.
Conxmuniction of Mrs. S u s a n
Trausch submitting attached peti-
tion signed by neighbors requesting
the installation of a street light at
the intersection of Seminary and
Ungs Streets, presented and read.
Councilman Thompson move d
that the communication and 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, Thonxpson,
Van Duelman.
IiTays-None.
Petition of the Dubuque Visiting
Nurse Association requesting per-
mission for the holding of a streei
__..._..
_ >
232 Regular Session, December 7th, 1942
sale of bangles ou Saturday, De-
cember 12th, 1942, presented and
read.
Councilman Murphy moved that
the request be granted. Seconded
by Councilman Vau Duelman. Car-
ried by the following vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Thompson,
Van Duelman.
Nays-None.
Petition of Paul Crawford re-
questing arefund on both his beer
and cigarette permits as he has dis-
continued the business of the Rain-
bow Tavern, located at 2774 and
2776 Jackson Street, presented and
read.
Councilman Thompson move d
that the request be granted and the
City Auditor instructed to draw a
warrant in the amount of $50.00 in
favor of Paul Crawford to cover the
amount of refund granted on the un-
expired portion of his Class "B"
Beer Permit No. 141 and also to
draw a warrant in the amount of
$50.00 in favor of Paul Crawford to
cover the amount of refund granted
on the unexpired portion of his
Cigarette Permit No. 159. Seconded
by Councilman Schueller. Carried
by the following vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Thompson,
Van Duelman..
Nays-None.
Petition of Mrs. Melita Chase and
1Vliss Kathleen Dahl requesting a
a~efund on both their beer and cig-
arette permits as they have dis-
continued business as of September
5, 1942, presented and react.
Councilman Murphy moved that
the request be granted and the City
Auditor instructed to draw a war-
rant in the amount of $50.00 in favor
of Mrs. Melita Chase and Miss Kath-
leen Dahl to cover the amount of
refund granted on the unexpired
portion of their Class "B" Beer per-
mit \TO. 146 and also to draw a `var-
rant in the amount of $50.00 in favor
of Mrs. Melita Chase and Miss
Kathleen Dahl to cover the amount
of refund granted on the unexpired
portion of their Cigarette Permit
No. 176. Seconded by Councilman
Schueller. Carried by the following
vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Thompson,
Van Duelman.
Nays-None.
Petition of Mrs. Matt' F. Brandi,
referred to the City Council by the
Board of Supervisors, requesting
suspension of the 1941 tales on the
South ?:~ of Lot 162 of East Dubuque
Addition, presented and read.
Councilman Van Duelman moved
that the petition be referred to the
City Solicitor for investigation and
report. Seconded by Councilman
Murphy. Carried by the follotiving
vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Thompson,
Van Duelman.
Nays-None.
Resolution No. 115--42
RESOLUTION AND
APPLICATION FOR PERMANEi1TT
TRANSFER OF FUNDS
Whereas, An emergency tax levy by
the City Council of the City of Du-
buque for use in supplementing the
funds required for debt service dur-
ing the fiscal year beginning April
1, 1942, and ending March 31, 1943,
upon authority and approval of the
State Comptroller; and
Whereas, As of the 1st day of No-
vember, 1942, there were cash bal-
ances in the Grading Fund of
$565.35 and in the Improvement
Ftmd of $3,077.54; and
Whereas, There is now in the
hands of the City Treasurer and
credited to the Emergency Fund the
sum of $36,406.72, which is avail-
able for transfer to the Grading and
Improvement Funds above referred
to for de}~t service; and
Whereas, During the curr•~nt fis-
cal year Grading Bonds in the
amount of $15,000.00 and Improve-
ment Boncls in the amount of
$35,000.00 mature and Grading Bond
Interest in the amount of $3,270.00
plus Improvement Bond Interest in
the amotmt of $7,750.00 become due
and payable; and
Whereas, In order to pay the obli-
gations due it is necessary to make
transfers of $16,963.36 from the
Emergency Funci to the Grading
Fund and of $18,443.36 from the
Emergency Fund to the Improve-
ment Funcl; and
Whereas, Before any transfer can
be made from the Emergency Fund
to any other fund, an application
must be oracle to the State Comp-
troller 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 Comptroll-
er, there be and there are hereby
transferred from the Emergency
Fnnd the sutra of $16,963.36 to the
Grading Fund and the sum of
$18,443.36 to the Improvement Fund,
Regular Session, December 7th, 1942
233
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 lxis 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 of the 16th
clay of I~TOVember, 1942, and all mem-
bers thereof signed their names
thereto.
AI:BERT WHARTON,
Mayor.
F. W. THOMPSON,
FRANK VAN DUEL-lAN,
CxEO. R. 1VIURPHY,
B. A. SCHUELLEP~,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
The foregoing resolution and ap-
plication having been filed with the
State Comptroller, the transfer re-
quested is approved this 18th clay of
Novembez•, 1942.
C. FRED PORTb;R,
State Comptroller.
Councilman Murphy moved that
the approval of C. Fred Porter,
State Comptroller, be received and
made a matter of record. Secouclad
by Councilman Thompson. Carried
by the following vote:
Yeas-Mayor Wharton, Council-
men iViurphy, Schueller, Thompson,
Van Duelman.
Nays-None.
Resolution No. .16-42
RESOLUTION AND
APPLICATION FOR PERiIIANENT
TRANSFER OF FU2v'DS
Whereas, Dring the current fis:al
year Improvement Bonds in the
amouxxt of $35,000.00 mature and Im-
provement Bond Interest in the
amount of $7,750.00 becomes due
and payable; and
Whereas, There is no~v iu the
hands of the City Treasurer and
credited to the Improvement Fund
the sum o£ $3,077.54 which is to be
supplemented by a transfer of
$13,443.36 from the Emergency
Fund; and
Whereas, As of the 1st day of '
November, 1942, there was a cash
balance of $42,171.59 in the Water
Works General Fund and a balance
of cash and securities of $78,125.40
in the Water Works Sicking Fuzed;
and
Whereas, No Water Works Bonds
nor Interest are due and payable
during the x•emainder of the current
fiscal year and $35,000.00 in bonds
anti $2,047.50 in interest become due
and payable during the succeeding
year and therefore the requirements
of Section 6151.1 of the Code have
been fully met; and
Whereas, Ln order to pay the obli-
gations due it is necessary to make
a transfer of $20,000.00 from the
Water Works General Fund to the
lnxprovement Fund; and
~ Whereas, Before any transfer can
be made from the Water Works
General 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 and there is hereby
transferred from the Water Wox•ks
General Fund to the Improvement
Fund the sum of $20,000.00, and the
State Comptroller is hereby peti-
tioned to authorize and approve
such transfer; and Be It Furtlxer
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 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 names
thereto.
ALBERT WHARTON,
Mayor.
F. W. THOMPSON,
FRANK VAN DUELMAN,
GEO. R. MURPHY
B. A. SCHUELLER
Councilmen.
Attest: J. J. SHEA,
City Clerk.
The foregoing resolution and ap-
plication having been filed with the
State Comptroller, the transfer re-
quested is approved this 18th day
of November, 1942.
C. FRED PORTER,
State Comptroller.
Councilman Thompson move d
that the approval of C. Fred Por-
ter, State Comptroller, be received
and made a matter of record. Sec-
onded by Councilman Murphy. Car-
ried by the following vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Thompson,
Van Duelman.
Nays-None.
234 Regular Session, December 7th, 1942
Ordinance No.24-42
An Ordinance relating to sidewalk
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, said ordi-
nance having been passed upon fix•st
and second readings on November
4th, 1942, and ordered placed on file
with the City Clerk for public in-
spection for at least one week be-
fore its final adoption, presented
aucl read a third time.
Ordinance No. 24-42
An Ordinance relating to sidewalk
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.
BE IT ENACTED BY THE CITY
COUNCIL OF THE CITY OF DU-
BUQUE:
Section 1. That no person shall
make any sidewalk and/or street
display of any meat and/or food
products upon any of the sidewalks
and/or streets in the City of Du-
buque, excepting that such displays
may be made, subject to the follow-
ing provisions of this Ordinance, in
that part of the City which has been
designated by an Ordinance of the
City as "Central Market."
Section 2. No person shall make
any sidewalk and/or street display
of any meat and/or food products
upon any of the streets and/or side-
walks in that part of the City of Du-
buque designated as the "Central
1~4arket" without first securing the
consent of the Market Master of the
City of Dubuque. It shall be the
duty of said Market Master to keep
the streets and sidewalks in the
Central Market area always open
and free for travel thereon.
Section 3. All Ordinances or
parts thereof in conflict herewith to
the extent of said conflict are here-
by repealed.
Section 4. If any part of this Or-
dinance shall, for any reason, be
adjudged or decreed by any Court
of competent jurisdiction to be in-
valid or inoperative, such judgment
or decree shall not affect, impair or
invalidate the remainder of this Or-
dinance, but shall be confined in its
operation to the part directly ad-
judged or decreed to be invalid and
inoperative and to this end the pro-
visions of this Ordinance are to be
severable.
Section 5. Any person, firm or
corporation who violates any of the
provisions of this Ordinance shall,
upon conviction thereof, be fined
not to exceed $100.00, and in default
of such fine shall be imprisoned far
a period not to exceed 30 days.
Section G. This Ordinance shall
be in full force and effect from and
after its final Passage, adoption and
approval by the City Council and
publication as provided by law.
Passed upon first and second read-
ings this 4th day of 1ovember, 1942.
Passed, adopted and approved
upon final reading this 7th day of
December, 194`.:.
ALBERT WHARTON,
Manor.
F. ~V. THO1tIPSON,
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 9th
day of December, 1942.
J. J. SHEA,
12-9-1t City Clerlc.
Councilman Schueller moved the
adoption of then ordinance. Sec-
onded by Councilman Murphy. Car-
ried by the following vote:
Yeas-Mayor Wharton, Gourcil-
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 during
the month of October, 1942, present-
ed and read.
Councilman Murphy moved that
the proof of publication be received
and filed. Seconded by Councilman
Schueller. Carried by the follow-
ing vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Thompson,
Van Duelman.
Nays-None.
November 21, 1942.
In re: Claim of Nh•s. Joseph
Ellerbach
Honorable Mayor and City Council,
City of Dubuque, Iowa.
Gentlemen: In regard to the
above claim, on October 7, 1942, at
about 8:30 P. M. claimant stepped
from the curb at Ruby and Diamond
Streets and stepped in a hole in the
street and sustained damages to her
clothing and shoes in the amount of
$10.00.
I have investigated this claim and
recommend that her claim for $15.00
be settled for $10.00 and that upon
Regular Session, December 7th, 1942 235
execution of a proper release, a war-
rant payable to her order be deliv-
ered to her for that amount.
Yours truly,
JOHN J. KINTZIATGER,
City Solicitor.
Councilman Schueller moved that
the recommendation of City Solici-
tor Kintzinger be approved and the
City Auditor instructed to draw a
warrant in the amount of $10.00 in
favor of NI1•s. Joseph Ellerbach as
settlement in full of her claim and
that said warrant be delivered to
her upon the receipt of a proper re-
lease. Seconded by Councilman
Murphy, Carried by the following
vote:
Yeas--Mayor Wharton, Council-
men .~Turphy, Schueller, Thompson,
Van Duelman.
Nays-None.
December 5, 1942.
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen: This is to advise
that I have approved the following
policies and bond and desire to have
your approval on same for filing:
PERSONAL
Charles J. Abraham, Clerk in
Water Department; Bond No. 28214-
07-1497-42, U .S. Fidelity ~ Guar-
anty Co.
EXCAVATION
Curtis-Straub Co., 1069 Main
Street; Policy No. MP34618, Central
Surety & Ins. Corp.
Archie Levan, 2239 Central Ave-
nue; Policy No. MR,C 24214, The
Western Casualty R; Surety Co.
H. B. McCarter, 231 West Fifth
Street, Policy No. O 90221, Ameri-
can Employers' Ins. 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, Council-
men Murphy, Schueller, Thompson,
Van Duelman.
Nays-None.
December 7, 1942.
Hou. Mayor and City Council,
City of Dubuque.
Gentlemen: Your communica-
tion of November 6, relative to peti-
tion filed by Mr. W. Berk to increase
living quarters on the Middle one-
fifth of Lot 475, otherwise described
as 1458 Locust St., received.
The Adjustment Board, at their
meeting November 24, after viewing
the property in question, unauimous-
ly recommends that the City Coun-
cil deny the petition. The Board in
arriving at these conclusions took
into consideration, among other
things, the fact that the property
is iu a multiple residential district
and that at the present time Mr.
Berk has six apartments in the main
building on his property and that
under Paragraph (e), Section 3,
Article 4, of the Zoning Ordinance,
it provides for an area of 1250
square feet per family, whereas the
entire area of 'the lot is only 5928
square feet and 7500 square feet is
required. `
The present building at the rear
of the property occupies the entire_
width of the lot and according to
Paragraph (b), Section 3 of Article
4, no building shall be erected or
altered unless each side yard has a
minimum of 4 ft. for a one-story
building.
The rear yard of the main build-
ing is only 9 ft. G in. in depth and
Paragraph (c), Section 3 of Article
4 provides for a rear yard having a
mean depth of not less than 12 ft.
While the Adjustment Board did
not take into consideration the fire
hazard created by the building on
the rear of this property, it was the
consensus of opinion that there
should be au investigation by the
fire department. It would be im-
possible for the fire department to
successfully rescue persons from
the rear yard m• to adequately fight
a fire at the rear of the main build-
ing because of no opening from the
alley to the rear yard.
Mr. Berk's petition is returned
with this letter.
Yours very truly,
R. D. WALLER,
Secretary, Board of Adjustment.
Councilman Murphy moved that
the recommendation of the Board
of Adjustment be approved and the
petifion of Mr. W. Berk denied and
the Fire Chief to be instructed to
cause an investigation to be trade
of the fire hazard created by the
building on the rear of the property
located at 145S Locust Street as sug-
gested by the Board of Adjustment.
Seconded by Councilman Van Duel-
man. Carried by the following
vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Thompson,
Van Duelman.
Nays-Noce,
Ccuncilman Murphy moved that
the Fire Chief be instructed to sub-
mit for Council consideration a pro-
236 Pegular Session, December 7th, 1942
posed fire prevention ordinance.
Seconded by Councilman Schueller.
Carried by the following vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Thompson,
Van Duelman.
Nays-None.
Resolution IV o. 117--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 ordered
that the premises to be occupied by
such applicants shall be forthwith
inspected.
CLASS "B" PERMIT
Name. Address.
The Page Hotel, 73-75 East Fourth
Street.
John Luber and Anua Luber, 2417
Rhomberg Avenue.
Mrs. Abbie Clancy, 435 Central
Avenue.
Passed, adopted and approved
this 7th day of December, 1942.
ALBERT WHARTON,
Mayor.
F. W. THOIVIPSON,
FRANK VAN nDUELMAN,
GEO. R. MURPHY,
B. A. SCHUELLER,
Councilmeu.
Attest: J. J. SI3EA,
City Clerk.
Councilman Murphy moved the
adoption of the resolution. Second-
ed by Councilman Van Duelman.
Carried by the following vote:
Yeas-Mayor Wharton, Council-
meu Murphy, Schueller, Thompson,
Van Duelman.
Na;rs-None.
Resoltion No. 118-42
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 to be oc-
cupied by such applicants have been
inspected and found to comply with
the ordinances of this City and they
have filed a proper bond: Now,
Therefore,
Be It Resolved by the Council of
the City of Dubuque that the 1\Ian-
ager be and he is hereby directed to
issue to the following named appli-
cants aBeer Permit.
CLASS "B" PERMIT
Name. Address.
The Page Hotel, 73-75 East Fourth
Street.
John Luber and Anna Luber, 2417
Rhomberg Avenue.
Mrs. Abbie Clancy, 435 Central
Avenue.
Be It Further Resolved that the
bonds filed by such applicants be
and the same are hereby approved.
Passed, adopted and approved
this 7th day of December, 1942.
ALBERT WHARTON,
Mayor.
F. W. THOMPSON,
FRANK VAN DUELMAN,
GEO. R. MURPHY,
B, A. SCHUELLER,
Councilmeu.
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.
Councilman Schueller moved thac
City Manager Rhomberg be aicthor-
ized to secure options upon lands
suitable for Airport purposes and to
submit a report to the City Council
upon the prospects of securing Fed-
eral financing to aid in the carrying
out of the Airport project. Seconded
by Councilman Murphy. 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
Schueller. Carried by the following
vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Thompson,
Van Duelman.
Nays-Noce.
J. J. SHEA,
City Clerk.
Approved ....................................1943.
Adopted .....................................1913.
Councilmen: ~ ......................................
Attest : ................................................
City Clerk.
Special Session, December 23rd, 1942 237
®~ ®~~
~' , ~ ~ f''~ ^ l'il LI ~ ~'~I (~'i
~;
(Official)
Special Session, December 23rd,
1942.
Council met at 7:30 P. 1\~I.
Present-Mayor Wharton, Coun-
cilmen Murphy, Schueller, Van
Duelman, City Manager Rhomberg.
Absent-Councilman Thompsmi,
Meeting called, by order of Coun-
cilmen Murphy ~ttd Van Duelman.
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 the granting of an option for the
Standard Lumber Company prap-
erty and acting on any other busi-
ness as may properly come before
a regular meeting of the City
Council.
Resolution No. 119-42
Whereas, the Schenley Distiller-
ies Inc. of Cincinnati, Ohio, re-
quested of the City of Dubuque au
option to purchase approximately
ten acres of land adjacent to the
Interstate Power Company steam
plant within the City of Dubuque
for the purpose of the construction
of an alcohol plant thereon to aid in
the war effort, said plant to be ap-
proved Iiy the W.P.B.
And Whereas, this Council is de-
sirous of assisting and doing all
within its power to aid such in-
terests and the war effort and deems
it advisable and for the best in-
terests of the City of Dubuque to
execute such option. Now, there-
fore
Be It Resolved by the City Coun-
cil of the City of Dubuque:
That the terms and conditions of
said option contract, a copy of which
is attached hereto and made a part
hereof, is hereby approved and the
Nlaym• and City Clerk are author-
ized, empowered and directed to
execute said option contract for and
on behalf of the City of Dubuque.
Passed, adopted and approved
this 23rd day of December, 1942.
ALBERT WHARTON,
Mayor.
F. W. THOMPSON, ~
FRANK VAN DUELMAN,
GEO. R, MURPHY,
B, A. SCHUELLER,
Cottncilmeu.
Atrest: J. J. SHEA,
City Clerk.
I Councilman Van Duelman moved
I the adoption of the resolution. Sec-
', onded by Councilman Murphy. Car-
Tied by the following vote:
', Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Van Duel-
man.
Arays--None.
Absent-Councilman Thompson.
OPTION CONTRACT
For One ($1.00) Dollar in hand
paid by Schenley Distilleries Inc.,
receipt of which is hereby acknowl-
edged, the City of Dubuque does
hereby grant to Schenley Distiller-
ies Inc. the right and authority to
purchase approximately 10 acres of
land within th.e following descrip-
tion:
Lots 6 to 10, both incl. in Block 1;
Lots 1 to 10, both incl. in Block 2;
Lots 1 to 24, both incl. in Block ?;
Lots 13 to 24, both incl. in Block S;
Lots 20 to 3S, both incl. in Block 9;
Lots 1 to 33, both incl. in Block 10;
Lots 1 to 3, both incl. in Block 13;
Lots 17 to 19, both incl. in Block 17.
Above are all in Dubuque Harbor
Improvement Company's Addition
iu the City of Dubuque, Iowa.
Also Lot 2 of Standard Lumber
Company's Addition in the City of
Dubuque, Iowa.
Also adjacent streets and alleys
and accretion property adjoining
the above.
Also the northerly parts of Lats
1, 2, 3, 4, 5 of Block 11, Dubuque
Harvor Improvement Company's
Addition.
said 10 acres of land to be adjacent
to the real estate now owned by the
Interstate Power Co. in Dubuque,
Iowa, for the sum of One ($1.00)
Dollar and other valuable considera-
tions, said real estate to be used
for the construction of an alcohol
plant thereon, which plant is to be
approved by the War Production
Board. Upon notice to the City of
the election to purchase and use the
real estate in compliance with the
terms herein, the City of Dubuque
agrees to execute to the Schenley
Distilleries hic. a Quit Claim Deed
of all their interest in said land.
This option is to continue for a
pericd of sixty (60) days from this
date. In the event that the War
Production Board fails to approve
the construction of an alcchol plant
by Schenley Distilleries Inc., or ap-
proves the construction of an al-
cohol plant by another distillery,
238 Special Session, December 23rd, 1942
then this option is to be at an end
and of no further force or effect.
Dated at Dubuque, Iowa, this 23rd
day of December, 1942.
ALBERT WHARTON,
iVIayor.
J. J. SHEA,
City Clerk.
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~4...~131
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Communication of Joseph J.
O'Connor informing the City of Du-
buque that he slipped on an icy side-
walk iu front of about 590 block on
West Third Street and broke nis
left ankle, presented and read.
Councilman Murphy moved that
the communication be referred to
the City Solicitor for investigation
and report. Seconded by Council-
man Van Duelmau. Carried by the
following vote:
Yeas-Mayor Wharton, Council-
men P.fnrphy, Schueller, Van Duel•
man.
Nay s-None.
Absent-Councilman Thompson.
Notice of Claim of Clarence J.
Brashaw in the amount of $16.20 for
damages to an automobile tiro
caused in strilciug a sharp projec-
tion in the curbing about 60 or 70
feet east of the intersection of Loras
Boulevard and University Avenue,
presented and read.
Councilman Schueller moved that
the Notice of Claim he referred to
the City Solicitor for investigation
and report. Seconded by Council-
man Murphy. Carried by the follow-
ing vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Vau Duel-
man.
Nays-None.
Absent-Coiuicilmau Thompson.
City Solicitor I~intzinger sub-
mitted averbal report receuunend-
iug that the Claitn of Clarence Bra-
shaw be allowed in the amount of
$12.00 and that the City Auditor be
instructed to draw a warrant iu the
amount of $12.00 in favor of Clar-
ence J. Brashaw as settlement in
full of his claim.
Councilman Murphy moved that
the recommendation of City Solicit-
or I£intziuger be approved and the
City Auditor instructed to draw a
warrant iu thc; amount of $12.00 iu
favor of Clarence J. Brashaw as set-
tlement iu full of his claim and that
said warrant be delivered upon re-
ceipt of a properly etecuted release.
Seconded by Councilman Schueller.
Carried by the following vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Vau Duel-
man.
Nays-None.
Absent-Councilman Thompson.
Notice of Claim of Fred Plein in
the amount of $200.00 for injuries
sustained by Mrs. Fred I~leiu caused
in a fall on au icy sidewalk at 799
University Avenue, presented and
read.
Councilman Murphy moved that
the Notice of Claim be referred to
the City Solicitor for investigation
and report. Seconded by Council-
man Schueller. Carried by the fol-
lowing vote:
Yeas-lZayor Wharton, Council-
men Murphy, Schueller, Van Duel-
man.
Nays-None.
Absent-Councilman Thompson.
December 11, 1942.
Honorable Rlayor anti
City Council of the City of Dubuque,
Dubuciue, Iowa.
Gentlemen: The Dubuque Real
Estate Boarcl and all of its members
take Pleasure in advising you of
their willingness to co-operate
whole-heartedly with your body in
any and all matters and offer their
services in the matter of purchasing
such land as may be required for
the new city air-port.
Very truly yours,
Di]BU(g1UE REAL ESTATE BOARD
By A. J. Mihm, Secretary.
Councilman Schueller moved that
the communication be received and
made a matter of record. Seconded
by Councilman Murphy. Carried by
the following vote:
Yeas-1VIayor Wharton, Council-
men Murphy, Schueller, Van Duel-
man.
Nay s-None.
Ahsent-Councilntau Thompson.
Petition of Farley R, Loetscher
-Zfg. Co. requesting the vacation of
the alley bettiveen Eighth anct Ninth
Streets and White and Jackson
Streets, presented and react.
Councilman Murphy moved that
the petition he referred to the Plan-
uiug and Zoning Conunission for
their recomtuendation and report.
Seconded by Councilman Schueller.
Carried by the following vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Van Duel-
man.
Nays-None.
Absent-Councilman Thompson.
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Special Session, December 23rd;. 1942
239
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 month of November, 1942,
presented and read.
Councilman Van Duelman moved
that the proof of publication be .•e-
ceived and filed. Seconded by Coun-
cilman Schueller. Carried by the
following vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Van Duel-
man.
Nays-None.
Absent-Councilman Thompson.
Council Proceedings for the
month of August, 1942, presented for
approval.
Councilman Murphy moved that
the Council Proceedings for the
month of August, 1942, be approved
as printed. Seconded by Councilman
Van Duelman. Carried by the fol-
lowing vote:
Yeas-Mayor Wharton, Council•
men Murphy, Schueller, Van Duel-
man.
Nays-None.
Absent-Councilman Thompson.
December 17, 1942.
In re: Claim of Emil Handel.
Honorable Mayor and
City Council, City of Dubuque, Iowa.
Gentlemen: I have investigated
this claim and find that on or about
October 23, 1942, Emil Handel while
walking on Auburn Street, tripped
on a portion of the sidewalk that
was two or three inches higher than
the rest of the sidewalk, fell to the
sidewalk and ruined some of his
clothes. He makes claim of $24.75
for a new suit.
He has agreed to accept $15.00 in
full payment of his claim and I
recommend that the same be ac-
cepted and that a warrant ue drawn
in his favor for said amount and the
same delivered to him upon the de-
livery to the City of Dubuque of a
release.
Respectfully submitted,
JOHN J. KINTZINCsER,
City Solicitor.
Councilman Van Duelman muved
that the recommendation of City So-
licitor Kintzinger be approved and
the City Auditor instructed to draw
a warrant in the amount of $15.00
in favor of Emil Handel as settle-
ment in full of his claim and that
said warrant be delivered upon re-
ceipt of a proper release. Seconded
by Councilman Schueller. Carried
by the following vote:
Yeas-Mayor Wharton, Council-
man Murphy, Schueller, Van Duel-
man.
Nays--None.
Absent-Councilman Thompson.
December 11, 1942.
Honorable Mayor and
City Council, City of Dubuque, Iowa.
Gentlemen: In re: PETITION OF
MRS. MARY F. BRANDY for Sus-
pensioh of Taxes on Si/z of Lot 162,
East Dubuque Add., asking that the
1941 tax be suspended because of
infirmity.
I recommend that the said Peti-
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.
Respectfully submitted,
JOHN J. KINTZINGF.R,
City Solicitor.
Councilman Murphy moved that
the recommendation of City Solicit-
or Kintzinger be approved and the
petition of Mrs. Mary F. Brandt re-
questing suspension of the 1941
taxes on the South 1/Z of Lot 162 of
East Dubuque Addition be granted
and the Board of Supervisors to be
notified of tl?e action of the City
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.
December 10, 1942.
To the Ionorable Mayor and
City Council, Dubuque, Iowa.
Gentlemen: I herewith submit the
reports of the City Auditor, City
Treasurer, City Health Department,
City Recreation Director and City
Waterworks, also the list of claims
and payrolls for which warrants
were drawn during the month of
November, 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-Mayor Wharton, Council-
men Murphy, Schueller, Van Duel-
man.
Nays-None.
Absent-Councilman Thompson.
Resolution No. 120-42
Be It Resolved by the City Coun-
cil of the City of Dubuque that the
following, having complied with the
provisions of law relating io the
sale of cigarettes within the City of
Dubuque, be granted a permit to sell
cigarettes and cigarette papers
within said City and the Manager is
240 Special Session, December 23rd, 1942
directed to issue such permit on be-
half of said City.
Name. Address.
Stanley Meis (effective January 1,
1943), G05 West Locust Street.
Be It Further Resolved that the
bond filed with the application be
approved.
Passed, adopted and approved this
23rd day of December, 1942.
ALBERT WHARTOIQ,
Mayor.
FRANK VAN DUELMAN,
GEO. R. MURPHY,
B. A. SCHUELLER,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Van Duelma.n moved
the adoption of the resolution. Sec-
onded by Councilman Murphy. Car-
ried by the following vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Van Duei-
man.
Nays-None,
Absent-Councilman Thompson.
Resolution approving the sale of
the North iiz of Lot 10 of Marsh's
Addition by Dubuque County to
Arch Tinkham, presented and read.
Councilman Murphy moved that
the resolution be referred to the
Council to view the grounds. Sec-
onded by Councilman Van Dueiman.
Carried by the following vote:
Yeas-Mayor Wharton, Council-
men Murphy, Schueller, Van Duei-
man.
Nays-None.
Absent-Councilman Thompson.
There being no further business,
Councilman Van Dueiman ~iioved to
adjourn. Seconded by Councilman
Murphy. Carried by the following
vote:
Yeas-Mayor tiVharton, Council-
men Murphy, Schueller, Van Duei-
man.
Nays-None.
Absent-Councilman Thompson.
J. J. SHb:A,
City Clerk.
Approved ....................................1943.
Adopted ......................................1943.
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Councilmen : ......................................
Attest : ................................................
City Clerk.