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1941 October Council ProceedingsRegular Session, October 6th, 1941. 237 (®fficial) Regular Session, October 6th, 1941. Council met at 8:30 P. iVI. Present-1~Iayor Van Duelman Coun- cilmen Murphy, Schueller, Thompson, Wharton, City Manager Rhomberg, Mayor Van Duelman 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, Proofs of publication, certified to by the publishers, of notice to contractors of the receipt of proposals for the con- struction of a six (6) inch vitrified the sanitary sewer in Plum Street from the present manhole in Rush Street to two hundred and eight (280) feet northerly presented and read. Councilman Mur- phy moved that the proofs of publica- hon be received and filed. Seconded by Councilman Schueller. Carried by the folloti~=ing vote: Yeas-Ma}=or Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. I\Tays-None. October 6, 1941. To the Honorable 1\Iayor and City Council, Dubuque, Iowa. Gentlemen-Pursuant to Resolution No. 112-41 sealed bids were received until 10:00 A. M. October 6, 191, for the construction of a six inch vitrified the sanitary sewer in Plum Street from the present manhole in Rush Street 280 feet northerly. Attached is a tabula- tion of the bids received. I recommend that the contract be awarded to James F. I,ee, he being the lowest bidder. Respectfully submitted, A. A. RHOMB$RG, City Manager. Councilman Murphy moved that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson Wharton. Nays-None. Bids for the construction of a six inch vitrified the sanitary sewer in Plum Street from the present manhole in Rush Street to T~vo Hundred and eighty (280) feet northerly: Bid of James F. I,ee, 280 feet 6 inch vitrified the @ $1.35 per I,in. Ft.-$378.00, four 6" x 4" Y branches @ $1.00 each- $4.00, 1 brick manhole complete-$50.00, Total bid-$432,00; Bid of Thos. Flynn Coal Company, 280 feet 6 inch vitrified tile, @ $1.40 per L,in. Ft.-$382.00, four b" x ~}" Y branches @ $2.00 each- $8.00, 1 brick manhole complete- $80.00, Total bid-$480.00. Resolution No. 121-41. Resolution awarding the contract for the construc- tion of a six (6) inch vitrified the sani- tary sewer in Plum Street from the present manhole in Rush Street to Two Hundred and J~,ighty (280) feet norther- ly to James F. I,ee, he being the lowest bidder, presented and read. Council- man 1\Iurphy moved that the resolution be approved and placed on file for one week before final aoption. Seconded by Councilman Schueller. Carried b3= the following vote: Yeas-Mayor Van Duelman, Councilmen Itlurphy, Schuel- ler, Thompson, Wharton. Nays-None, Proofs of publication, certified to by the publishers, of notice to contractors of the receipt of proposals for the con- struction of a six inch vitrified the sani- tary sewer in Fremont Avenue north- easterly from the present manhole in Coates Street to L,ot 2 of 4 of Fremont Avenue Sub. and southerly to tiVart- burg Place and in Wartburg Place southerh= from Fremont Avenue to I,ot 1 of 1 of 2 of ItI. I,. 139, presented and read. Councilman Thompson moved that the proofs of publication be re- ceived and filed. Seconded by Council- man Murphy. Carried by the following vote: Yeas-IVlayor Van Duelman, Councilmen 1\~Iurphy, Schueller, Thomp- son, Wharton. Nays-None. October 6, 1941. To the Honorable Nlayor and City Council, Dubuque, Iowa. Gent}emen-Pursuant to Resolution No. 110-41, sealed bids were received until 10:00 A. NI. October 6, 1941, for the construction of a six inch vitrified the sanitary sewer in Fremont Avenue northeasterly from the present manhole in Coates Street to L,ot 2 of 4 of Fre- mont Avenue Sub. and southerly to Wartburg Place and in Wartburg Place southerly from Fremont Avenue to I,ot i of 1 of 2 of Itlineral L,ot 139. At- tached is a tabulation of the bids re- ceived. I recommend that the contract for the above mentioned sewer be granted to James F. I,ee, he being the lowest bidder. Respectfully submitted, A. A. RHOMB)RG, City Manager. Councilman Thompson moved that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. _.. _ ~ -- - _ 23~ 12egttlat Session, ~etobe~ 6th, 1941. Bids for the construction of a sax inch vitrified tile. sanitary sewer in Fre- mont Avenue northeasterly from the present manhole in Coates Street to I,ot 2 of 4 of Fremont Avenue Sub. .and southerly to Wartburg Place and in Wartburg Place southerly from Fre- ~; anont Avenue to i,ot 1 of 1 of 2 of M. L,. 139: Bid of James F. I,ee, 1980 I,in. Ft. 6 inch vitrified the cr $2.20 per I,in. Ft.-$4,356.00, sixteen 6" x 4" Y h- branche 1.50 eac 24.00 8 brick s @ $ $ , manholes complete @ $85.00 each - $680.00, 350 Sq. Ft. concrete sidewalks 4" thickness @ 20 cts, per Sq .Ft.- , 25 Ft. concrete dri $70.00, 8 Sq veways , ','?',~ 6" thickness cCil 25 cts. per Sq. Ft.- $206.25, 1~ Sq. Yds. Asphalt Pavement cr $1.50 per Sq. Yd.-$21.00, Total bid $5,357.25; Bid of Thos. Flynn Coal Company, 1980 I,in. Ft. 6 inch vitrified the Q $2.40 per I,in. Ft.-. 4 752.00, $ sixteen 6" x 4" Y branches cr $2.00 each ~'"' ! -$32.00, 8 brick manholes complete Q $100.00 each $800.00, 350 Sq. Ft. con- crete sidewalks 4" thickness @ 20 cts. per Sq. Ft.-$70.00, 825 Sq. Ft. con- crete driveways 6" thiclaiess n 25 cts. per Sq. Ft.-$206.25, 1-l Sq. Yds. As- phalt Pavement a $1.50 pcr Sq. Yd.-- ;;i' $28.00, Total bid-$5,888.7.5. Resolution No. 122-41. Resolution awarding contract for the construction of a six (6) inch vitrified the sanitary sewer in Fremont Avenue northeasterly from the present manhole in Coates Street to L,ot 2 of 4 of Fremont Avenue Sub, and southerly to Wartburg Place and iu `Vartburg Place southerly from Fremont Avenue to L,ot 1 of 1 of 2 of 1\-I. L. 139 to James F. I,ee, he being the lowest bidder, presented and read. Councilman Thompson moved that the resolution be approved and placed on file for one week before its final adop- tion. Seconded by Councilman Schuel- ler. Carried b}= the following vote: Yeas-Mayor Van Duelman, Council- men iVlurphy, Schueller, Thompson, 1Vharton. Nays-None. :~.:: ~~, :S ~,z °;' FQ' °M'. ~;~__ Councilman Wharton moved that the rules be suspended for the purpose of allowing any one present in the Coun- cil Chamber, who wishes to do so, to address the Council. Seconded b}= Councilman Thompson. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Proofs of publication, certified to by the publishers, of notice of hearing up- on the plans and specifications, form of contract, and cost of construction of a six inch vitrified the sanitary sewer in Kane Street from the present manhole in Kaufmann Avenue to four hundred and seventy (470) feet north, presented and read. No written objections filed and no objectors present in the Council Chamber. Councilman Murphy moved that the proofs of publication be re- ceived and filed. Seconded by Council- man Thompson, Carried by the fol- lowing voted Yeas-Mayor Van Duel- man, Councilmen Murphy, Schueller, `Thompson, Wharton. Nays-None. Proofs of publication, certified to by the publishers, of notice of pendency of Resolution of Necessity and hearing upon proposed plans and specifications, form of contract and cost of construc- tion of a six (6) inch vitrified the sani- taty sewer in Kane Street from the present manhole in Kaufmann Avenue to four hundred and seventy (470) feet north, presented and read. No written objeections filed and no objectors pres- ent in the Council Chamber. Council- man Murphy moved that the proofs of publication be received and filed. Sec- onded by Councilman Schueller. Car- ried by the following vote: Yeas- Mayor Van Duelman, Councilmen Murph}=, Schueller, Thompson, Whar- ton. Nays-None. Resolution No. 123-41. Resolution containing decision of Council upon ob- jections to plans, specifications, form of contract and cost of construction of a six inch vitrified the sanitary sewer in Kane Street from the present manhole in Kaufmann Avenue to four hundred and seventy (470) feet north, presented and read. Councilman Thompson moved the adoption of the resolution. Seconded by Councilman Murphy. Carried by the following vote: Yeas- 1llayor Van Duelman, Councilmen Murphy, Schueller, Thompson, tiVhar- ton. Nays-None. Resolution No. 115-41. Resolution of Necessity for the construction of a six inch vitrified the sanitary sewer in Bane Street from the present manhole in Kaufman Avenue to four hundred and seventy (470) feet north, said reso- lution having been approved on Sep- tember 11th, 1941 and ordered placed on file for final action, presented and read. Councilman Murphy moved the adoption of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Resolution No. 124-41. Resolution ordering construction and directing the City Clerlc to advertise for proposals for the construction of a six inch vitri- fied the sanitary sewer in Kane Street from the present manhole in Kaufmann Avenue to four hundred and seventy (470) feet north, presented and read. Councilman Thompson moved the adoption of the resolution. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. -- -r= _ _ Ite~ular +~SSIOli, ®ctober 6th, 194I. X39 Communication of Marian Remus , submitting claim in the amount of $8.00 for damages received to personal prop- erties in front of 525 I,oras Boulevard caused from tar covering the sidewalk and tar and gravel placed by the City between the curb and walk to prevent a washout of soil, presented and read. Councilman Murphy moved that the claim be referred to the City Solictior for investigation and report. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. City Solicitor Kintzinger submitted a verbal recommendation that the claim of Marian Remus in the amount of $8.00 be allowed and that the City Au- ditor be instructed to draw a warrant in said amount in favor of Marian Remus as settlement in full of her claim. Conn- - Gilman Wharton moved that the recom- mendation of City Solicitor Kintzinger be approved and that the City Auditor be instructed to draw a warrant in the amount of $8.00 in favor of Marian Remus as settlement in full of her per- - sonal property claim. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Communication of H. J. ~iffes sub- - mitting claim in the amount of $14.00 for injuries received by Patricia ~iffes caused in falling over a small wire fence which was around the corners of the lawn in front of Municipal Swimming Pool Building, presented and read. Councilman Wharton moved that the claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Scheul- ler, Thompson, Wharton. Nays-None. Communication of Board of Dock Commissioner urging that the City Solicitor, or whoever the Council may designate, render a legal opinion with respect to the validity of the Ordinance under which the Dock Board is oper- ating and which provides for the rental fees now in dispute, presented and read. Councilman Thompson moved that the communication be referred to the City Solicitor. Seconded by Councilman Murphy, Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son, Wharton. Nays-None. Communication of Carl Keul, General Organizer, International Union and Trustee of Local No. 421 of the Inter- - national Brotherhood of Teamsters, Chauffeurs, Warehousemen and Help- ers of America, Dubuque, Iowa, and re- questing that the beer permit issued be cancelled and that there will be no re- newal of said permit in the future under the name of the said Local Union, pre- sented and read. Councilman Murphy moved that the communication be re- ferred to the City Solicitor foa° investi- gation and report. Seconded by Coun- cilman Thompson. Carried by the fol- lowing vote: Yeas-Mayor Van Duel- man, Councilmen Murphy, Schueller, Thompson, Wharton. Nays-None. Communication of Clarriet Ridgeway, Child Welfare Worker, Dubuque Coun- ty Department of Social Welfare, urg- ing very strongly that steps be taken at once to improve sanitation and hous- ing for a group of six families living in trailers or shacks near the saw mill op- erated by Clarence Bahl on Highway 151 south of Dubuque but within the city limits and located near Morocco Inn, presented and read. Councilman Wharton moved that the communica- tion be referred to the Health Director and Board of Supervisors. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson Wharton. Nays-None. Communication of Mrs. A-Iae Serene advising Council that she purchased the property on the southeast corner of Fourth and Bluff Streets for the pur- pose of making two four-room apart- ments and has made application to the Zoning Commission for a permit and has been unable to get any action, and hoping that the City Council may see fit to act favorably on her application, presented and read. Councilman ~Vhar- tton moved that the communication be referred to the Board of Adjustment for their recommendation and report. Seconded by Councilman Thompson. Carried by the following vote: Yeas- Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Whar- ton. Nays-None. Communication of Walter P. Asmus- sen, calling the attention of the City Council to the alley running from Blake Street to Alta Vista Street ~~hich is back of Kirkwood Street and requesting Council to look into the matter of drain- age of this alley as the water is drain- ing into his property causing consider- able damage, presented and read. Coun- cilman Schueller moved that the com- munication be referred to the Council to view the grounds. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Petition of Nic Kintzinger, request- ing arefund in the amount of $75.00 on his cigarette license No. 161, to cover the unexpired period from October 1st, 1941 to July 1st, 1942, as he has dis- continued business, presented and read. 240 Regular Session, ®ctober 6th, 1941. Councilman Murphy moved that the re- quest be granted and the City Auditor be instructed to draw a lvan•ant in the amot:nt of $75.00 in favor of Nic Kintz- iuger to cover the amount of refund granted on his cigarette license to cover the unexpired period from Octo- ber 1st, 1941, to July 1st, 1942. Sec- onded by Councilman Wharton. Car- ried by the following vote: Yeas- 11layor Van Duelman, Councilmen llurphv, Schueller, Thompson, ~Vhar- ton. nays-None. Petition of Frank Reuter, Frank Reu- ter and Clara Reuter, requesting a re- fund on their tavern license at 2616 Windsor Avenue as they have disposed of said tavern on September 29th, 1947, presented and read. Councilman Thompson moved that the request be granted and the City Auditor to be in- structed to draw a warrant in the amount of $150.00 in favor of Frank Reuter to cover the amount of refund granted on the tavern license of Frank and Clara Reuter for the unexpired pe- riod from October 1st, 1941, to July 1st, 19=12. Seconded by Councilman Schuel- ler. Carried by the following vote: Yeas-Mayor Vau Duelman, Council- men lIurphy, Schueller, 'Thompson, ~Vhartou. Nays-None. Petition of Fred Herber, requesting a refund on cigarette license No. 156 as he has discontinued business as of September 27th, 1941, presented and read. Councilnau Thompson moved that the request be granted and the City Auditor be instructed to draw a warrant in the amount of $75.00 in favor of Fred Herber to cover the amount of refund granted on his cigarette license for the unexpired period from OctcLer 1st, 1941, to July 1st, 1942. Seconded by Councilman Murphy. Carried by the following ,vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Petition of Joseph W. Hanten, re- questing a refund in the amount of $75.00 on his cigarette license No. 39 as he has discontinued business as of September 30th, 1941, presented and read. Councilman Thompson moved that the request be granted and that the City Auditor be instructed to draw a warrant in the amount of $75.00 in favor of Joseph ~V. Hanten to cover the amount of refund granted on his cigar- ette license for the unexpired period from October 1st, 1941, to Jul}* 1st, 1942. Seconded by Councilman Schuel- ler. Carried by the following vote: Yeas-1\layor Van Duelman, Council- men Murphy, Schueller, Thompson, ZVharton. Nays-None. Petition of Joseph ~V. Hanten, re- questing the refund of his deposit of $200.00 accompanying his application for renewal of his Class "B" Beer Per- mit as he has discontinued business as of September 30th, 1941, and stating that it is not his intention to seek re- newal of his Beer Permit now or later, presented and read. Councilman Thompson moved that tthe request be granted and the City Auditor to be in- structed to draw a jvarrant in the amount of $200.00 in favor of Joseph ZV. Hanten to cover the refund on his de- posit accompanying his application for renewal of his Class "B" Beer Permit. Seconded b}* Councilman Wharton. Carried by the following vote: Yeas- iwlayor Van Duelman, Councilmen Mur- phy, Schueller, Thompson, \Vharton. Nays-I\TOne. Petition of Leo H. IVlohr, et al, re- questing the City Council to investigate the deplorable condition of the storm sewer known as the Bee Branch at the corner of ?;ast 22nd Street and the C. G. W. R. R. Company tracks, pre- sented and read. 11~Ir. Leo 1\lohr ad- dressed the Council, stating that the conditions as complained of in their pe- tition are deplorable and should be remedied immediately. Councilman ~~'harton moved that the petition be referred to the City Manager for in- vestigatiou and report. Seconded by Councilman Thompson. Carried by the follov,~iug vote: Yeas-blavor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Navs-None. Petition of Frank )~. Leonard, re- ferred to the City Council by the Board of Supervisors, requesting the suspen- sion of the 1940 taxes on Lot 5 of 2 of City Lot 720, presented and read. Councihnau Murphy moved that the petition he referred to the City Solicitor for investigation and report. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen 1\~Iurphy, Schuel- ler, Thompson, Wharton. Nays-None, Petition of lYlrs. C. Berwanger, et al, requesting that the Street Commission- er be instructed to view the condition of Bing Street and to make such im- provements that will permit pedestrian and vehicle traffic presented and read. Councilman Wharton moved that the petition be referred to the Council to view the grounds. Seconded by Coun- cilman Thompson. Carried by the fol- lowing vote: Yeas-Tiayor Van Duel- man, Councilmen Murphy, Schueller, Thompson, Wharton. Nays-None. Petition of the Fighting Back Chap- ter, Disabled American Veterans of the World War, requesting permission for that holding of their Annual Forget- Me-Not-Drive on Saturday, October 18th, 1942 presented and read. Coun- cilman Murphy moved that the request be granted. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Van Duelman, ~: Regular Session, October 6th, 1941. 241 Councilmen Murphy, Schueller, Thomp- son, Wharton. Nays-None. Communication of the Mississippi Valley Association extending an invita- tion to the Honorable Mayor and Mem- bers of the City Council to attend the annual meeting of the Mississippi Val- ley Association to be held in St. Louis, Missouri, ou October 27 and 28, pre- sented and read. Councilman Thomp- son moved that the communication be referred to the Council. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton, Nays-None. Grant and Easement Know All Men By These Presents: That in consideration of $1.00 in hand paid by the City of Dubuque, Iowa, a municipal corporation, the receipt whereof is hereby acknowledged, the undersigned being the owner of I,ot 1 of 1 of 1 of 16, I,ot 1 of 1 of 9, I,ot 1 of the Sub. of the S. 80' of L,ot 8 and of I,ot 3 of 1 of 9. All in IIIt. Pleasant Add., in the City of Dubuque, hereby grants and conveys to said City of Du- buque, a perpetual right of easement, in, over and across said L,ot 1 of 1 of 1 of 16, L,ot 1 of 1 of 9, L,ot 1 of the Sub. of the S. 80' of I,ot 8 and of L,ot 3 of 1 of 9. All in 1\It. Pleasant Add., for the purpose of constructing and maintain- ing storm water sewer and appurte- nances, with the right to go upon said premises at all reasonable times for the purpose of inspecting and repairing the same when installed; provided, howev- er, that said City of Dubuque shall re- place v>hatever earth, sod or shrubbery that may be disturbed in the installa- tion or repair of said storm water sewer and appurtenances to as good condition as it was in before the same was dis- turbed. This Grant of basement shall be binding upon the undersigned, his heirs, executors, administrators, purchasers and assigns forever. (Signed) ROSA JUNG~VIRTH JOSEPH JUNGRTIRTH State of Iowa, Dubuque County, ss: Be It Remembered that on this 30th day of September, 1941, personalh> ap- peared before me, a Notary Public, in and for Dubuque County, Iowa, Joseph Jungwirth and Rosa Jungwirth, who are personally known to the and ac- knowledged that they executed the fore- going instrument as their voluntary act and deed. G$RALDIN~ I,. D~MKI~R, Notary Public in and for Dubuque County, Iowa. '~ Councilman Thompson moved that the Grant and )~asement be accepted and ordered recorded with the County Recorder. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Ivlayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son, Wharton. Nays-None, Grant and Easement. ~ Know All Men By These Presents: That in consideration of $1.00 in hand paid by the City of Dubuque, Iowa, a municipal corporation, the receipt whereof is hereby acknowledged, the undersigned being the owner of 1•ot 1 of 2 of 1 of 16, DIt. Pleasant Add., in the City of Dubuque, hereby grants and conveys to said City of Dubuque, a perpetual right of easement, in, over and across said I,ot 1 of 2 of 1 of 16, Mt. Pleasant Add., for the purpose of constructing and maintaining storm water sewer and appurtenances, with the right to go upon said premises at all reasonable times for the purpose of inspecting and repairing the same when installed; provided, however, that said City of Dubuque shall replace whatever earth, sod or shrubbery that may be disturbed in the installation or repair of said storm water sewer and appur- tenances, to as good condition as it was in before the same was disturbed. This Grant of basement shall be binding upon the undersigned, his heirs, executors, administrators, pur- chasers and assigns forever. (Signed) AUGUST R~IS ~I,IZAB~TH RRIS State of Iowa, Dubuque County, ss: Be It Remembered that on this 30th day of September, 1941, personally ap- peared before me, a Notary Public, in and for Dubuque County, Iowa, August Reis and Elizabeth Reis, v>ho are per- sonally known to me and acknowledged that they executed the foregoing as their voluntary act and deed. G~R.~I,DIN~ L,. D~MKI~R, Notary Public in and for Dubuque County, Iowa. Councilman Thompson moved that the Grant and Basement be accepted and ordered recorded with the County Recorder. Seconded by Councilman 1Vharton. Carried by the following tote: Peas -Mayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son, \Vharton. Nays-None. Grant and Easement. Know All Men By These Presents: That in consideration of $1.00 in hand paid b}> the Cit}* of Dubuque, Iowa: a municipal corporation, the receipt whereof is hereby acknowledged, the i ~ ~i ' l~ ~~ I °::; ;~~1 °';.. ~'_ ~, ~l~, ml'',, ii ;;;' i ,,~ ;, ~`'~ ,I `,;, ,. r. '_ .i, :; ~:c~ ,. .,y r.' . >I, ~r :r; .a, ',i ;h i a, -. ~ ~. x~,:. 242 Regular Session, October 6th, 1941. undersigned being the owner of L,ot 2 of 2 of 1 of 16, Mt. Pleasant, Add., in the City of Dubuque, hereby grants and conveys to said City of Dubuque, a perpetual right of easement, in, over and across said I,ot 2 of 2 of 1 of 16, Mt. Pleasant Add., for the purpose of constt•ucting and maintaining storm water sewer and appurtenances, with the right to go upon said premtses at all reasonable times for the purpose of inspecting and repairing the same when installed; provided, however, that said City of Dubuque shall replace whatever earth, sod or shrubbery that may be disturbed in the installation or repair of said storm water sewer and appur- tenances, to as good condition as it was in before the same was disturbed. This Grant of basement shall be binding upon the undersigned, his heirs, executors, administt•atot•s, purchasers and assigns forever. (Signed) ALPHON~ M. SCHMIDT CLARA ~. SCHMIDT ALOIS NI. HOFFMANN State of Iowa, Dubuque County, ss: Be It Remembered, That on this 30th day of September, 1941, personally ap- peared before me, a Notary Public, in and for Dubuque County Iowa, Al- phonse M. Schmidt, Clara D. Schmidt and Alois III. Hoffmann, tvho are per- sonally known to me and acknowledged the foregoing instrument as their vol- untary act and deed. G~RALDIN~ L. D~D~IKI~R, Notary Public in and for Dubuque County, Iowa. Councilman Thompson moved that the Grant and $asement be accepted and ordered recorded with the County Recorder. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son, Wharton. Nays-None. Council Proceedings for the month of July, 1941, presented for approval. Councilman Thompson moved that the Council Proceedings for the month of July, 1941, be approved as printed. Seconded by Councilman Wharton. Carried by the following vote: Yeas- Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson Whar- ton. Nays-None. Ordinance No. 26-41. An Ordinance establishing a grade on Cannon Street from the west property line of South Locust Street to the west property line of Laurel Street, said ordinance having been passed upon first and second read- ings on September 22nd, 1941, and or- dered placed on file with the City Clerk for public inspection for at least one week before its final aoption, presented and read a third time. ®RDI1VAiI~1CE Iad®. 2&-41. An Ordinance establishing a grade on Cannon Street from the west property line of South Locust Street to the west property line of Laurel Street. Be It Ordained by the City Council of the City of Dubuque: Section 1. That a grade on Cannon Street from the west property line of South Locust Street to the west prop- erty line of Laurel Street, be, and the same is hereby established and adopted as shown by the profile of said street and grade prepared by the City engi- neer, being Profile No. 1301, B. M. on the top cement step N. D. corner in front of 905 Laurel Street; Dlevation 855.37. Said grade begins at the west property line of South Locust Street which is Station 0. North curb eleva- tion 84.57, south curb elevation 850.2; thence to station 1 plus 00, north and south curb elevation 850.7; thence to station 3 plus 00, north and south curb elevation 85.17; thence to station 5 plus 07.8, east property line of Laurel Street, north curb elevation 850.2, south curb elevation 850.7; thence to station 5 plus 40.8, west property line of Laurel Street, north curb elevation 850.2, south curb elevation 850.7. Section 2. This Ordinance sfiall be in force and effect ten (10) days from and after its final passage and adoption by the City Council and publication as provided by law, Passed upon first and second read- ings September 22nd, 1941. Passed, adopted and approved Octo- ber 6th, 1941. FRANK VAN DU~LMAN, Mayor. F. W. THOMPSON, AL$~RT WHARTON, B. A. SCHU~I,L,FR, GFO. R. MURPHY, Councilmen. Attest: J. J. SHWA, City Cleric. Published officially in the Telegraph- Herald and The Daily Tribune news- papers, this 9th day of October, 1941. J. J. SH$A, 10-9-1t. City Clerk. Councilman Murphy moved the adop- tion of the ordinance. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Ordinance No. 27-41, An Ordinance establishing a grade on Laurel Street from the north property line of South Grandview Avenue to the north prop- -,,~ Regular Session, October 6th, 1941. erty line of Cannon Street, said ordi- nance having beets passed upon first and second readings on September 22nd, 1941, and ordered placed on file with the City Clerk for public inspec- tion for at least one week before its final aoption, presented and read a third time. ORDINANCE NO. 27-41 An Ordinance establishing a grade on Laurel Street from the north prop- ertyt line of South Grandview Avenue to the north property line of Cannon Street. Be It Ordained by the City Council of the City of Dubuque: Section 1. That a grade on Laurel Street from the north property line of South Grandview Avenue to the north property line of Cannon Street, be and the same is hereby established and adopted as shown by the profile of said street and grade prepared by the City Engineer, being Profile No. 1302', B. M. on the top cement step N. E, corner in front of 905 Laurel Street, elevation 855.37. Said grade begins at the north property line of South Grandview Ave- nue, which is station 0. East curb elevation 853.48, west curb elevation 853.23; thence to station 1 plus 05, east and west curb elevation 855.11; thence to station 1 plus 30, east and west curb elevation 855.2; thence to station 1 plus 55, east and west curb elevation 854.66; thence to station 2 lpus 72'.8 which is the south property line of Cannon Street, east and west curb elevation 850.7; thence to station 3 plus 36.8 which is the north property line of Cannon Street, east and west curb elevation 850.0. Section 2'. This Ordinance shalt be in force and effect ten (10) days from and after its final passage and adoption by the City Council and publication as provided by la~v. Passed upon first and second read- ings September 22nd, 1941. Passed, adopted and approved Octo- ber 6th, 1941. FRANK VAN DUEI.MAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Published officially in the Telegraph- Herald and The Daily Tribune news- papers, this 9th day of October, 1941. J• J• SHEA, 10-9-1t. City Clerlc. 243 Councilman Thompson moved the adoption of the ordinance. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Ordinance No, 28-41. An Ordinance establishing a grade on Eleanor Street from the south property line of South Grandview Avenue to four hundred and eighty-seven (487) feet south, said or- dinance having been passed upon first and second readings on September 22nd, 1941, and ordered placed on file with the City Clerk for public inspec- tion for at least one weele before its final aopttion, presented and read a third time. ORDINANCE NO. 2t;-41. An Ordinance establishing a grade on Eleanor Street from the south proprty line of South Grandview Ave- nue to four hundred and eighty-seven (487) feet south. Be It Ordained by the City Council of the City of Dubuque: Section 1. That a grade on Eleanor Street from the south property line of South Grandview Avenue to four hun- dred and eighty-seven (-187) feet south, be, and the same is hereby established and adopted as shown by the profile of said street and grade prepared by the City Engineer, being Profile No. 1303. B. M. R, R. spike in Elm tree at N. Curb line South Grandview Avenue opposite Eleanor Street, Elevation 101.40. Said grade beigns at the south property line of South Grandview Ave- nue, which is Station 0, east and west curb elevation 100.30; thence to Station 1 plus 00, east and west curb elevation 98.0; thence to station 4 plus 50, east and west curb elevation 81.40; thence to Station 4 plus 87, east and west curb elevation 81.10. Section 2. This Ordinance shall be in force and effect ten (10) days from end after its final passage and adoption by the City Council and publication as provided by law. Passed upon first and second reod- ings September 22nd, 1941. Passed, adopted and approved Oc- tober 6th, 1941. FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J, SHEA, City Clerk. 244 RegaIar Session, C3ctober 6th, 1941. Published officially in the Telegraph- Herald and The Daily Tribune news- papers this 9th day of October, 1941. J. J. SH1;A, 10-9-1t. City Clerk. Councilman Thompson moved the adoption of the ordinance. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, TVharton. Nays-None, October 6, 1941. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen-The matter of providing a sewer in Dodge Street from the pres- ent manhole in Stetmore Street easterly and southerly to a point approximately 90 feet northerl}~ of the northerly line of Fremont Avenue has been worked out by the interested parties entering into a private contract for the construc- ion of the se«-er. For the record of the City and the protection of the persons paying for the construction of this sew- er, it is necessary that proper proceed- ings be made a matter of Council rec- ord. I recommend that an Ordinance be drafted granting the interested parties permission to construct asix-inch vitri- fied file sanitary sewer in Dodge Street fiom the present manhole in Stetmore Street easterly and southerly to a point ^pproximatelr 90 feet northerly from the northerly- line of Fremont Avenue and regulating such permission. A pro- vision should be included that applica- tion must be made to the City Council for the right to connect with this sewer aucl that uayment for the applicant's proportionate share of the cost of con- structing this sewer be c~tablished to the satisfaction of the City Council be- fore the right to connect shall be granted. Respectfully submitted, A. A. RHO1\-IB>~RG, City Manager Councilman Murphy moved that the reconunendatiou of City Manager Rhomberg be approved and the City Solicitor be instructed to prepare a proper ordinance. Seconded by Coun- cilman Thompson. Carried by the fol- lowing vote: Yeas-Mayor Van Duel- man, councilmen Murphy, Schueller, Thompson, Wharton. Nays-None. October 6, 1941. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen-In accordance with your instructions, negotiations were entered into with the Roshek Realty Company for the leasing of City hots 629 and 630 located on the west side of Locust Street between 8th and 9th Streets for the purpose of establishing a municipal parking lot. Herewith submitted for your consideration is a lease and agree- ment with the Roshek Realty Company providing for the rental of the property for $100.00 per month. I recommend that the lease be ap- proved by the City Council and that authority be granted to proceed with the placing of the property in a suitable condition as a parking lot at the ear- liest possible date. Respectfully submitted, A. A. RHOMBJ~RG, City Manager. Councilman Wharton moved that the recommendation of City 14anager Rhomberg be approved and that the Mayor be authorized to execute said Lease and Agreement on behalf of the City of Dubuque, Iowa. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, \Vharton. Nays-None. October 6, 1941. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen-At the session of the City Council held September 2, 1941, the petition of the Carr, Adams & Coi- lier Company requesting permission to install pipes, power cables and tanks under elm Street at the south side of 11th Street and thence along the south side of 11th Street to the southeast cor- ner of 11th and Washington Street; and to carry pipes along the south side of their building on ZZTashington Street to a point about 152 ft. south was referred to the Council to view the grounds. The Council vietyed the site and decid- ed to grant the request. I recommend that the action of the Council be confirmed and the City So- licitor be instructed to prepare the proper proceedings. Respectfully submitted, A. A. RHOAZB]~RG, City 11~anager. Councilman Wharton moved that the recommendation of City 14lanager Rhomberg be approved and that the decision of the Council be confirmed and that the City Solicitor be instruct- ed to prepare a proper ordinance. Sec- onded by Councilman Thompson. Car- ried b_v the following vote: Yeas- Mayor Van Duelman, Councilmen Mur- phy, Schueller, Thompson, `Vharton. Nays-None. October 6, 1941. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen - At the session of the City Cotmcil held September 2, 1941, the petition of James A. Saul, et al, re- gttesting the installation of a street light d ~;,. ~: "~f~;: _.. = -- -' - - - ~ ~• Regular Session, October 6th, 1941. 245 at the intersection of Plutn Street and Cleveland Avenue was referred to the Council to view the grounds. The Council viewed the premises and de- cided to grant the request and order the installation of a street light at the above inersection. I recommend that the action of the Council be confirmed. Respectfully submitted, A. A. RHOMBNRG, City Manager. Councilman Wharton moved that the recommendation of City Manager Rhomberg be approved and that the decision of the Council be confirmed. Seconded by Councilman Thompson. Carried by the following vote: Yeas- Dlayor Van Duelman, Councilmen Mur- phy, Schueller, Thompson, Wharton. Nays-None. October 6, 1941. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen - At the session of the City Council held September 2, 1941, the petition of Clarence N. Hocking, et al, requesting the opening and grad- ing of the alley between O'Neill Street and Groveland Place from Burden Street to Brunswick Street was re- ferred to the Council to view the grounds. The Council viewed the premises and decided to deny the peti- tion unless it be preliminary to the surfacing of the alley. _T recommend that the decision of the Council be confirmed. Respectfully submitted, City Manager. Councilman Thompson moved that the recommendation of City Manager Rhomberg be approved and that the de- cision of the Council be confirmed Seconded by Councilman Wharton. Carried by the following vote: Yeas- Mayor Van Duelman, Councilmen Mur- phy, Schueller, Thompson, Wharton. Nays-None, September 24, 1941. Honorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: In re: Petition of Katie A. Miller, for suspension of Taxes on L,ot 9-10 Johnson Sub., City of Dubuque. asking that the 1940 taxes be suspended because of age and infirmity, I recom- mend that the Petition should be ap- proved by the City Council of the City of Dubuque and notification of such approval given to the Board of Super- visors of Dubuque County, Iowa. Respectfully submitted, JOHN J. KINTZING>~R, City Solicitor. Councilman Murphy moved that the recommendation of City Solicitor Kintzinger be approved and that the Board of Supervisors be notified of the action of the City Council. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Honorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: In re: Petition of Alfred Wundei° for Suspension of Taxes on I,ot 26 of the Finley Home Addition to Dubuque asking that the 1939-40-41 taxes be sus- pended. There is no provision in the Statute for cancellation of taxes for the reason set forth in his petition, Section 6950 of the Code makes certain provisions with reference to petitions and exemp- tion from taxes. I recommend that the City Council do clot approve this petition and the Supervisors of Dubuque County be no- tified of the action of the City Council. Respectfully submitted, JOHN J. KINTZINGKR, City Solicitor. Councilman Thompson moved that the recommendation of City Solicitor Kintzinger be approved and that the Board of Supervisors be notified of the action of the City Council. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Resolution No. 125-41. Be It Resolved by the City Council of the City of Dubuque that the fol- lowing, having complied with the pro- visions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City. Name Address Joseph Roscamp, Sr., 2220 University Avenue. Mrs. 1\Iargaret Clancy, 336 Main Street. William Spear, 1654 Central Avenue. I,oras College, 655 L,oras Boulevard. Be It Further Resolved, That the bonds filed with the applications be approved. Passed, adopted and approved this 6th day of October, 1941. FRANK VAN DUEL,MAN, Mayor. F. W. THOMPSON, AI,B~RT WHARTON, B. A. SCHURL,I,RR, GAO. R. MURPHY, Councilmen. Attest: J. J. SHWA, City Clerk. 246 Regular Session, ®ctobeg 6th, 1941. Councilman Murphy moved the adop- tion of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuet- ler, Thompson, Wharton. Nays-None. Resolution No. 126-41. Whereas, applications for Class "B" Beer Permits have been submitted 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 following ap- plications be and the same are hereby approved and it is ordered that the premises to be occupied by such appli- cant shall be forthwith inspected. Class "B" Permit. Natne Address A/illard and Lucille Poquette, 951 Main Street (Transfer of address from 923 Nlain Street.) Merrill Chapman and Myrtle Chapman, 2616 «Tindsor Avenue. Carl Baumgartner and John Baum- gartner, 1513 Central Avenue. Airs. Margaret Clancy, 336 Main Street. Eugene P. McCann and Katherine Mc- Cann, 802 Iowa Street. Joseph Roscamp, Sr., 2220 University Avenue. Charles Peed and Anna Peed, 1389 Elm Street. Passed, adopted and approved this 6th day of October, 1941. Attest FRANK VAN DUELMAN, Mayor. F. W. THOAIPSON, ALBBRT ~jHARTON, B. A. SCHUELLBR, GEO. R. MURPHY, Councilmen, J. J. SHEA, City Clerk. Councilman Murphy moved the adoption of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson Wharton. Nays-None. Resolution No. 127-41. Whereas, heretofore applications were filed by the witthin named appli- cants for Class "B" Beer Permits and they have received the approval of this Council; and ~:i, Whereas, the premises to be occupied by such applicants have been inspected and found to comply with the ordi- i=`~i, nances 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 Manager be ~k and he is hereby directed to issue to the -'.},I following named applicants a Beer Permit. Class "B" Permit. Name Address Merrill Chapman and Myrtle Chapman, 2616 Windsor Avenue. Carl Baumgartner and John Baumgart- ner, 1543 Central Avenue. Mrs. Margaret Clancy, 336 Main Street. Eugene P. McCann and Katherine Mc- Cann, 802 Iowa Street. Joseph Roscatnp, Sr., 2220 University Avenue. Charles Peed and Anna Peed, 1389 )41m Street. Be It Further Resolved, That the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 6th day of October, 1941, FRANK VAN DUBLMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLBR, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the resolution. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Application of the Union League Club for a Class "B" Beer Permit for Private Club presented and read. Coun- cilman Murphy moved that the appli- cation be referred to the City Solicitor for investigation and report. Seconded by Couucihnan Wharton. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton Nays-None October 6, 19=11. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen-Pursuant to the adver- tisement, sealed bids were received un- til 10:00 A. bl., September 11, 1941, for furnishing a 750 G. P. IvI. Triple Combination Pumping Engine for the Fire Department. At the session of the City Council held the same evening, the City Manager and Chief of the Fire Department were instructed to prepare a tabulation of the bids received and to submit their recommendation for the purchase. Hereto attached is a tabulation of the bids received, showing the prices and the essential data on the vartous types of equipment offered by the bidders. We have studied the various bids and recommend that the contract for the fur- nishing of the 750 G. P. M. Triple Com- bination Pumping Engine be awarded to The Seagrave Corporation, their bid being the lowest received. Should the -,~... Regular fission, ®ctober 6th, 1941. 247 Council decide to purchase a cab, the Scandrett, Walter J. Cummings and seven man cab is available for an ad- George I. Haight, as Trustees of the ditional sum of $475.00, in which event property of the Chicago, Milwaukee, St. a credit of $290.00 would apply because Paul and Pacific Railroad Company, of the fact that the rear windshield and their successors and assigns, the right to the suburban loops could then be elim- construct, maintain and operate Indus- inated. This price for the added cab is try Spur Tracks in, upon, and across also the lowest price received for cab East 19th Street, Sycamore Street, East equipment. 18th Street, Cedar Street, the Alley lo- Respectfully submitted, Gated East of Cedar Street and North A. A. RHOMBERG, of East 18th Street, and over and City Manager. across "B" Branch Sewer, defining WM. I,. RYAN, Fire Chief. the conditions of such grant; and de- Councilman Murphy moved that the Glaring an emergency, presented and communication of City Manager read. Councilman Thompson moved Rhomberg and Fire Chief Ryan be re- that the reading just had be considered ferred to the Council for consideration. the first reading of the ordinance. Sec- - Councilman Wharton moved that in onded by Councilman Murphy. Carried viev~ of no second to the motion by the following vote: Yeas-Mayor of Councilman Murphy, that the Van Duelman, Councilmen Murphy, recommendation of City Manager Schueller, Thompson, Wharton. Nays Rhomberg and Fire Chief Ryan -None. Councilman Thompson moved be approved and that a contract that the rules be suspended, requiring be entered into with the Seagrave Cor- an ordinance to be read on three sepa- poration for the purchase of a 750 rate days. Seconded by Councilman G. P. M. Triple Combination Pumping Schueller. Carried by the following Engine. No second to the motion of vote: Yeas-Mayor Van Duelman, Councilman Wharton. Councilman Councilman Murphy, Schueller, Thomp- Thompson then seconded the motion son, Wharton. Nays-None. The or- of Councilman Murphy. Carried by the dinance was then read a second time. following vote: Yeas-Mayor Van Councilman Thompson moved that the Duelman, Councilmen Murphy, Schuel- reading just had be considered the sec- ler, Thompson. Nays - Councilman and reading of the ordinance. Seconded Wharton. by Councilman Murphy. Carried by Petition of Dubuque Packing Com- the following vote: Yeas-1\Iayor Van pany requesting the City Council to va- Duelman, Councilmen Murphy, Schuel- cate Cedar Street from the north line ler, Thompson, Wharton. Nays-None. of East 16th Street to the south line of Councilman Thompson moved that the East 19th Street; to vacate East 18th ordinance be placed on file with the Street from the east line of the alley City Clerk for public inspection for at first west of Cedar Street to the west least one week before its final adoption. line of Sycamore Street; to vacate East Seconded by Councilman Murphy. 17th Street from the west line of the Carried by the following vote: Yeas- - alley first west of Cedar Street to the Mayor Van Duelman, Councilmen Mur- west line of Cedar Sreet; to vacate that phy, Schueller, Thompson, Wharton. part of the alley lying between Cedar Nays-None. and Sycamore Streets from East 19th There being no further business, Street to East 18th Street and to con- Councilman Thompson moved to ad- vey said vacated areas to Dubuque journ. Seconded by Councilman Z~~har- Packing Company, presented and read. ton. Carried by the following vote: Attorney M. H. Czizek 'representing the YeasMayor Van Duelman, Councilmen Dubuque Packing Company, addressed Murphy, Schueller, Thompson, Whar- the Council in support of the two peti- ton. Nays-None, tions filed, the one from the Chicago, J. J, SHEA, City Clerlc. Milwaukee, St. Paul and Pacific Rail- road Company requesting permission to construct, operate and maintain Indus- Approved _______________________1941 try Spur Tracks and requesting that said ordinance be passed upon first and Ado ted 1941 p - - - second readings in view of the fact that no property is affected by the construc- tion of said tracks. Councilman Mur- phy moved that the petition of the Du- buque Packing Company be referred to ~ ---------------------- the Planning and Zoning Commission Councilmen: for their recommendaiton and report. ______________________ Seconded by Councilman Wharton. Carried by the following vote: Yeas- ~ ---------------------- Mayor Van Duelman, Councilmen Mur- phy, Schueller, Thompson, Wharton. ______________________ Nays-None. Special Ordinance, Ordinance No. 29- Attest _______________________________ 41. An Ordinance granting to Henry A. City Clerk. 248 Special Session, October 10th, 1941. ~~~~ ~.~~ (Official) Special Session, October 10th, 1941. Council met at 8:50 P. M. Present-11/ayor Van Duelman, Coun- cilmen illurphy, Schueller, 'I~hompson, Wharton, City Manager Rhomberg, Tleeting called by order of Council- men Wharton and Thompson. Mayor Van Duelman read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of considering the bids submitted for the resurfacing of tVest Third Street from the east property line of Burch Street to the west property line of Alpine Street South and acting on any other business as may proper)}= come before a regular meeting of the City Council. Proofs of publication, certified to by the publishers, of the notice to con- tractors of the receipt of proposals for the resurfacing of Nest Third Street from the east property line of Burch Street to the west propert}= line of Al- pine Street South presented and read. Councilman Murphy moved that the proofs of publication be received and filed. Seconded by Councilman Schuel- ler. Carried by the following vote: Yeas-Mayor Van Duelman, Council- men Murphy, Schueller, Thompson, Z~Tharton. Nays-None. October 10th, 1941. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen-Pursuant to Resolution No. 118-41, sealed bids were received until 10:00 A. M., October 10, 19-}1, for the resurfacing of West Third Street from the east property line of Burch Street to the west propert}= line of Al- pine Strteet south. Attached is the tabulation of the only bid received. I recommend that the contract be awarded to the Thos. Flynn Coal Co. The bid price of $19,308.10 is $1,111.60 less than the engineer's estimate of $20,=419.70. Respectful)}= submitted, A. A. RHONIB~RG, City R~fanager. Councilman Schueller moved that on account of only one bid being received for the resurfacing of West Third Street that action be deferred till Spring and that the street be tempor- arily repaired. No second to the mo- tion. Councilman \Vharton moved that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Murphy. Carried by the follo«ing vote: Yeas -Councilmen Murphy, Thompson, Wharton. Na}=s- None. Mayor Van Duelman and Councilman Schueller not voting and stating that iu their opinion there should be more than one bid received on this work before a contract be en- tered into by the City of Dubuque. Bids for the resurfacing of West Third Street from the east property line of Burch Street to the west prop- ert}= line of Alpine Street South: Bid of Thos. Fl}'un Coal Co.; Class B con- crete i00 Cu. Yds. a ti8.00 per Cn. Yd. -$800.00; Concrete sidewalks 1000 Sq. Ft. a 20 cts. per Sq. Ft.-$200.00; Concrete driveways 150 Sq. Yds. c0 $2.25 per Sq. Yd.-$337.50; Concrete Curb 6" s 18", 300 I,iu. Ft. @ $1.25 per I,in. Ft.-$375.00; Sheet Asphalt Pave- ment, including preparation and As- phalt Paint coat 8442 Sq. Yds. ~ $1.80 per Sq.Yd.-$15,195.60; Asphalt Binder 300 tons ~ $8.00 per ton-$2,400.00- Total bid $19,308.10. Resolution No. 129-41. Resolution a~~=aiding contract to Thos. Flynn Coal Co, for the resurfacing of Z~Test Third Street from the 1~ast property line of Btu-ch Street to the west property line of Alpine Street South presented and read. Councilman Wharton moved that the resolution be approved and placed on file for one week. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Councilmen Murphy, Thompson, Wharton. Nays- Mavor Van Duelman, Councilman Schueller. Dubuque, Iowa, October 6, 1941. Dubuque City Council, Dubuque, Iowa. Hon. Sirs-We wish to take this means of thanking you and Mr. A. A. Rhomberg for your part in our Labor Day Parade. The parade was a suc- cess, and it was with your help that it made it such. Again thanking you for your co-operation and past favors, Sincerely yours, RLROY H. GRASHORN, Secretary. Councilman Thompson moved that the communication be received and made a matter of record. Seconded by Councilman T/ttrph}=. Carried by the following vote: Yeas-Alayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Communication of The Dubuque Council of Churches commending the City Council upon their action in sup- pressing gambling by slot machines and other means in the City of Du- buque and asking Council that they continue their efforts directed toward the illegal sale of liquor and gambling Special Session, October 10th, 1941. 249 in all its forms, presented and read. Councilman Murphy moved that the communication be received and placed on file. Seconded by Councilman Thompson. Carried b_v the following vote: Yeas-IVlayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son, Wharton. Nays-None. Petition of Francis P. Quinn, M. D., et al, Oculists and Optometrists of Du- buque, requesting the City Council to pass an ordinance regulating and gov- erning the advertising of eyeglasses, lenses, and materials used for Ophthal- mic purposes and providing a penalty for vtolation thereof, presented and read. Councilman Murphy moved that the petition be referred to the City So- licitor for investigation and report. Seconded by Councilman Thompson. Carried by the following vote: Yeas-- Mayor Van Duelman, Councilmen Mur- phy, Schueller, Thompson, Wharton. IvTays-None. October 7, 1941. Honorable D-Iayor and Councilmen, Dubuque, Iowa. Gentlemen - I have been informed that a request is to be made: 1. For the closing of the alley between Cedar and Sycamore from 18th to 19th. 2. To close Fast 17th from Cedar \Vest to the alle}=. 3. To vacate Cedar from 16th to 19th Street. 4. To close 18th Street from the alley Nest of Cedar to West line of Sycamore. I have been asked ho~v such pro- posed action wottld affect m}= place of business. I wish to inform you that I have no objections to such proposed plans providing: 1. That Lynn Street is made suitable for travel. 2. That 18th Street is kept open until Lynn Street is made suitable for travel, and 3. That permission be given for pas- sage over 18th Street as long as actual closing of this street is not found ne- cessary. Respectfully yours, E. D. FRITH CO., Per F. T. Frith. Councilman Thompson moved that the communication be received and made a matter of record. Seconded by Councilman Schueller. Carried by the following vote: Yeas-T~Iayor Van Duelman, Councilmen 1\~Iurphy, Schuel- ler, Thompson, Wharton. Nays-None. October 10th, 1941. To the Honorable 1\~Iayor and City Council, Dubuque, Iotiva. Gentlemen-I herewith submit the reports of the City Auriitor, City Treasurer, City Health Department, City Recreation Director and City ZVa- terworks, also a list of claims and pay- rolls for which warrants were drawn during the month of September, 1941. Respectfully submitted, A. A. RHOMBFRG, City Manager. Councilman Thompson moved that the reports be received and filed. Sec- onded by Councilman Itlurphy. Car- ried by the following vote: Yeas- Mayor Van Duelman, Councilmen Murph}=, Schueller, Thompson, Whar- ton. Nays-None. October 9, 19-11. Honorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: In re: Petition of Frank E. Leonard, for Suspension of Taxes on Lot 5 of 2 of City Lot 720, asking that the 1940 taxes be suspended because of age and infirmity, I recom- mend that the Petition be approved by the City Council of the City of Du- buque and notification of such approval be given to the Board of Supervtsors of Dubuque County, Iowa. Respectfully submitted, JOHN J. KINTZING~R, City Solicitor. Councilman Murphy moved that the recommendation of City Solicitor Itintzinger be approved and the Board of Supervisors be notified of the action of the City Council. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Tla}=or Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. October 9, 1941. Honorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen-With reference to the Application of the Trustee of the Local Union No. -121 of the International Brotherhood of Teamsters, Chattffeurs, Warehousemen and Helpers of Amer- ica, Dubuque, Iowa, asking that a beer permit issued to them some time ago be cancelled, I recommend that the re- quest be granted and the beer permit so issued be cancelled. Respectfully submitted, JOHN J. KINTZINGER, City Solicitor. Councilman 1blurphy moved that the recommendation of Cit}= Solicitor Kintzinger be approved. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. October 9, 1941. Honorable 1~Iavor and l2embers of the City Council, City of Dubuque, Iowa. Gentlemen -With reference to the application for Class "B" Beer Permit for Class "B" Beer Permit for Private Club, filed by the Union League Club, I have examined the application and documents attached thereto, incltiding the report of the Chief of Police, and 250 Special Session, ®ctober 10th, 1941. find that the application and showing is in due and legal form, and that the Council may issue a permit to said Club as requested. Respectfully submitted, JOHN J. KINTZINGBR, City Solicitor. Councilman Murphy moved that the communication of City Solicitor Kintz- inger be received and made a matter of record. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son, Wharton. Nays-None. Resolution No. 129-41. Whereas, Application for Class "B" Beer Permit has been submitted to this Council for approval and the same has been examined; Now, Therefore, Be It Resolved, By the Council of the City of Dubuque that the following applica- tion be and the same is hereby approved and it is ordered that the premises to be occupied by such applicant shall be forthwith inspected. Class "B" Permit For Private Club Name Address Union League Club, 400 Iowa Street. Passed, adopted and approved this 10th day of October, 1941. FRANK VAN DUBLMAN, Mayor. F. VV. THOMPSON, B. A. SCHURLLRR, GAO. R. MURPHY, Councilmen. Attest: J. J. SHRA, City Clerk. Councihnen Murphy moved the adoption of the resolution. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Vata Duelman, Councilmen Murphy, Schuel- ler, Thompson. Nays -Councilman Wharton. Resolution No. 130-41. Whereas, heretofore application was filed by the within named applicant for Class "B" Beer Permit and it has re- ceived the approval of this Council; and Whereas, the premises to be occu- pied by such applicant have been in- spected and found to comply with the ordinances 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 Manager he and he is hereby directed to issue to the following named applicant a Beer Permit. Class "B" Permit For Private Club. Name Address Union League Club, 400 Iowa Street, Be It Further Resolved, That the bond filed by such applicant be and the same is hereby approved. Passed, adopted and approved this 10th ay of October, 1941. FRANK VAN DU~LMAN, Mayor. F. W. THOMPSON, B, A. SCHU~LL~R, GI~O. R. MURPHY, Councilmen, Attest: J. J. SHWA, City Clerk. Councilman Murphy moved the adop- tion of the resolution. Seconded by Councilman Thompson. Attorney John A. Cunningham, representing the Nine- Ninety Club addressed the Council and requested that the record show that he entered his appearance and questions the right of this Council by this motion to discriminate against a pending appli- cant filed previous to the applicatiote being acted upon. Motion carried by the following vote: Yeas-Mayor Van Duelman, Councihnen illurphy, Schuel- ler, Thompson. Nays -Councilman Wharton. September 19, 1941. Honorable IVlayor and City Council, Dubuque, Iowa. Gentlemen -With reference to the Application for Class "B" Beer Permit for Private Club, filed by the Nine- Ninety Club together with the report of Chief of Police directed to the City IVlanager and IVlembers of the City Council, dated September 10, 1911, re- ferred to me for investigation and re- port, Ibeg to make the following re- port: The Statute provides: "Sec. 1921.099. Power is hereby granted to Cities and Towns . to issue the Class "B" permits .. . within their respective limits." "Sec. 1921.110. Beer Permits to Clubs. Cities and Towns ...shall upon proper application, issue to a club within their respective limits a Class "B" permit for the sale of beer for consumption on the prem- ises, subject to the provisions of this chapter." Sec. 1921.112 prescribes the kind and character of application to be filed. The form of the application filed in the present instances meets the require- ments of the Statute. The showing made in the application, we find: "2. Location of premises: 4th floor, 880 Locust Street, to be built on the present building." The report of the Chief of Police states: "The premises to be occupied by this club is to be the 4th floor, 880 Locust St., and is owned by Mr. O. G. Schrup and occupied by him. y ~~ 5 Special Session, October 10th, 1941. To the best of my knowledge this is a three-story building, the first floor used in housing the Dr. Pep- per Bottling Co. and the remaining floors used for automobile storage. There is no 4th floor." If the Council should see fit to grant the application for Class "B" Club Per- mit in this case, the above is a techni- cality which may be waived by provid- ing, if and when such permit is issued, the same shall be issued until such 4th floor is built and ready for occupancy. It further appears from the applica- tion: "8. Is the Club operated for pecuni- ary profit? No." "9. Is the club a proprietary club? No." The report of the Chief of Police states "A number of persons whose names are listed as members of this Club have been interviewed concerning the purposes for which this club was organized. They state that some time ag they were asked their consent to have their names listed as members for the purpose of or- ganizing a club so as to enable Stoltz and Zillig, operators of a beer tavern at 234 West 9th Street, to secure a club permit at some future date. None of the persons interviewed have ever attended meetings, have never paid any dues, nor know of, nor have received any benefits." "From the information obtained through these interviews it is ob- vious that the inherent purpose for which this club vas organized is for the pecuniary gain of a few. The persons interviewed are re- sponsible citizens personally known by the person submitting this re- port." The Statute provides (1921.111): "b. No club shall be granted a Class "B" permit under this chap- ter; if it is a proprietary club or operated for pecuniary profit." The application further states: "12. Does the club have a perma- nent local membership of not less than 50 adult members? Yes." "15. Was this application approved by the majority of the bona fide members of the club present at a regular meeting, or at a special meeting, or at a special meeting called to consider same? Yes." The report of the Chief of police states: "These persons further state that very recently they received through the mail a letter stating that a meeting would be held on Sept. 10, 1941, for the purpose of voting on the question of a beer permit. They were instructed in this letter that in event they would be unable to at- tend to use the enclosed post card 251 voting in favor of same. The meet- ing was to be held at 234 West 9th Street, and the communication was sent out by Geo. Zillig, Secretary and Treasurer, who in partnership with Ray Stoltz operate a tavern at this address. A copy of this communication has been given me by the recipient thereof and is at- tached to this report, together with his statement denying membership therein. 1Vfany of the persons inter- viewed stated they would not at- tend the meeting nor would they interest themselves in any manner." Sec. 1921,111 of the Code of 1941 provides that no club shall be granted a Class "B" permit. "d. Unless such club has a perma- nent local membership of not less than fifty adult members." "e. Unless the application for such permit is approved by a majority of the bona fide members of such club who are present at a regular meeting or a special meeting called to consider the same." An opinion of the Attorney General of the State of Iov~a, rendered April 30, 1937, stated: "It is our opinion that no club can be granted a Class "B" permit un- der the existing beer law unless it complies with all the requirements set out in Sec. 1921.111 of the Code. The language of the Statute is clear in its requirement that each of the subsections is to be met." "Sec. 1921.111 Class "B" Permits. No club shall be granted a class "B" per- mit under this chapter: a. If thte buildings occupied by such club are not wholly within the territorial limits of the city, town or special charter city to which such application is made; provided, however, that a golf or country club whose buildings are located outside the territorial limits of the city, town or special charter city, may be issued a class "B" permit by the local board of supervisors, and further provided, that all of the permit fees authorized under this paragraph shall be collected and retained by the county in which such golf or country club is located and credited to the general fund of said county and provided further, that such golf or country club shall comply with the restrictions containe in the succeeding para- graphs of this section. b. If it is a proprietary club, or operated for pecuniary profit. e. Unless it is incorporated under the laws of the State of Iowa, and its charter is in full force and ef- fect, and/or excepting regularly chartered branches or nationally incorporated organizations. f, ~f? 252 Special Session, October 10th, 1941. i' ' d. unless such club has a perma- nent local membership of not less than fifty adult members. e. Unless the application for such permit is approved by a majority of the bona fide members of such club who are present at a regular meet- ing, or a special meeting called to consider the same. f. Unless it was in operation as a club on the first day of Januaty, A, D., 1934, or being thereafter formed, Teas in continuous opera- tion as a club for at least two years immediately prior to the date of its application for a Class "B" per- mit." The report of the Chief of Police fiir- ther states: "The Vice President and the Sec- retary Treasurer of this club as named in the application are now, and have been engaged in the tav- ern business, as partners, at 234 Nest 9th Street, operating under permit No. -10." The Code provides: "I921.102 Prohibited Interest. It shall be unlawful for any person or persons to he either directly or in- directly interested in more than one class of permit." If the holder of a Class "B" permit is also interested directly or indirectly in a Class "B" Club Permit, this would constitute a violation of the above sec- tion and would subject the guilt}= party to the provisions of Sec. 192L129 which provides for revocation of permits. Also such violators, upon com,-iction, would be subject to the penalties for violation of the provision of Chapter 93.2, as provided by Sec. 1921.129 and amendments thereto. The City Council has the right to grant permits to clubs when they are satisfied that all of the requirements of the laws have been met. Respectfully submitted, JOHN J. KINTZING~R, City Solicitor. Councilman Thompson moved that the report of City Solicitor Kiutzinger be received and placed on file. Sec- onded by Councilman ':Murphy. Car- ried by the following vote: Yeas- Adayor Van Duelman, Councilmen Mur- phy, Schueller, Thompson, Wharton. Na}=s-None. Attorney John A. Cun- ningham, representing the Nine-Ninety Club, addressed the Council and re- quested that the record show the fol- lowing: Mr. City Manager, holy many Club Permits are there in the City of Dubuque? About ten permits, aren't there? Answer by Cit}= Manager: I would `want to consult the records be- fore stating how many. How long have you been City Manager? Answer b}= Cit}= Manager: Over three years. Do all of these applicants for Class "B" Permits foa- Private Clubs have a re- port from the Chief of Police and au opinion from the City Solictior? An- steer the question Yes or No. Answer of City D~Ianager: There are similar cases when the Council requested such reports. Councilman IVlurphy moved that the application of the Nine-Ninety Club for a Class "B" Beer Permit for Private Club be referred to the Council for in- ~-estigation and report. Seconded by Councilman Thompson. Carried by the following Grote: Yeas-illavor Van Duelman, Councilmen lblurphy, Schuel- ler, Thompson, Wharton. 1\Tays-None. Ordinance No. 30-41, An Ordinance granting to Archdioces of Dubuque, $melia 1~ntringer, Albert D. and Emily Hoffmann, Mary 1\~I. Fuchs, Clara K. and William J. Markey, Clara A. and B. 1a. Baumhover, permission to con- struct a sis inch vitrified the sanitary server in Dodge Sheet from the present manhole in Stetmore Street )asterl}* and Southerly to a point approximately Ninety Feet Northerl}= of the Northerfp line of Fremont Avenue, and regulating such permission, presented and read. Councilman Thompson moved that the reading just bad be considered the first reading of the ordinance. Seconded by Councilman Schueller: Carried h_y the following rote: Yeas-Mayor Van Duelman, Councilmen illurph}~, Schuel- ler, Thompson, «Tharton. Nays-None. Councilman Thompson moved that the rules be suspended requiring an ordi- nance to be read on three separate daps. Seconded by Councilman ~ chuel- ler. Carried by the following voiz: Yeas-Mayor Van Duelman, Council- men 1\Iurphy, Schueller, Thompson, Wharton. Nays-None. The ordinance ryas then read a second time. Council- man Thompson "moved that the reading just had be considered the second read- ing of the ordinance. Seconded by Councilman «rharton. Carried b}~ the follotviug vote: Yeas-11layor Van Duelman, Councilmen Dltu-ph}-, Schuel- ler, Thompson, Wharton. Nays-I\Tone. Councilman Thompson moved that the ordinance be placed on file with the City Clerk for public inspection for at ]east one `., eek hefore its final adop- tion. Seconded by Councilman J\Iur- nhy. Carried by the follotvin~ rote: Peas-Mayor Van Deulman, Council- men Murphy-, Schueller, Thom°~sun, \~'harton. Nays-None. • Ordinance No. 31-41. An Ordinance granting to Carr, Adams $ Collier Company, its successors and/or as- signs, the right to lay and maintain pipes and power cables under $Im Street on the South side of 1~leventh Street, under the sidewalk on the South side of )~leventh Street from $lm ;'a €'° d ,, ~ ;. _i- ." "9 • ':~ ..:~ ~.~ i~ ~~ Special Session, ®etobee IOth, I94I. Street to Washington Street, and to at- tach and maintain pipes and equipment on the Washington Street side of the building located on the Southeast cor- ner of Eleventh Street and Washington Street and the right to construct and maintain an emergency dump tank un- derground on the Southeast corner of Eleventh Street and Washington Street presented and read. Councilman Thompson moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son, Wharton. Nays-None. Council- - man Thompson moved that the rules be suspended requiring an ordinance to be read on three separate days. Sec- onded by Councilman Schueller. Car- ried by the following vote: Yeas- - Rlayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Whar- ton, Nays-None. The ordinance was then read a second time. Councilman Thompson moved that the reading just had be considered the second reading of the ordinance. Seconded by Council- - man 1\~Iurphy. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son, Wharton. Nays-None. Council- man Thompson moved that the ordi- nance be placed on file with the City Cleric fur public inspection for at least one week before its final adoption. Seconded by Councilman Schueller. Carried by the following vote: Yeas- - R~Iayor Van Duelman, Councilmen Nlur- phy, Schueller, Thompson, Wharton. Nays-None. Councilman Wharton moved that the rules be suspended for the purpose of allowing any one present in the Coun- cil Chamber, who wishes to do so, to address the Council. Seconded by = Councilman Schueller. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Attorney NI. H. Czizek, representing the Dubuque Packing Company, ad- dressed the Council, stating that he at- tended a meeting of the Planning and Zoning Commission and that at said meeting the Planning and Zoning Com- mission and that at said meeting the Planning and Zoning Commission voted to recommend that the petition of the Dubuque Packing Company be granted. Mr. Czizek was advised that the Plan- ning and Zoning Commission had not filed their report with the City Council relative to the petition of the Dubuque Packing Company. There being no further business, Councilman Murphy moved to adjourn. Seconded by Councilman Thompson. Carried by the following votte: Yeas- Mayor Van Duelman, Councilmen Mur- 253 phy, Schueller, Thompson, Wharton. Nays-None. 7. J. SHWA, City Clerk. Approved ______________________1941. Adopted _______________________1941. i--°--°------------°--°- Councilmen ~_______________________ Attest: _____________________________ City Clerk. - __ --- - -----_ -- - ___ ----- -,~; __ 1 - - _ - -- ~! 254 Special Session, ®ctober 13th, 1941. n +~I ~~~~ (®fficial) Special Session, October 13th, 1941. Council met at 8:00 P. NI. Present-Mayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son, tiVharton, City Manager Rhom- berg. Meeting called by order of Council- men Schueller and Murphy. Mayor Van Duelman read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of considering for final adoption resolutions awarding the contracts for the construction of a six inch vitrified the sanitary sewer in Plum Street and also a six inch vitrified title sanitary sewer in Fremont Flvenue and acting on any other business as may properly come before a regular meeting of the City Council. Resolution No. 121--11. Resolution a~varcling conhact for the construction of a six (6) inch vitrified the sanitary sewer in Plum Strect from the present manhole in Rush Street to two hundred and eighty (280) feet northerly, said resolution having been approved and ordered placed on file for one ~~-eek on October 6th, 19-11, presented and read on final adoption. Counr_i]man ~Iurph~~ moved the adoption of the resolution. Seconded by Councilman Schueller. Carried by the following vote: Yeas- 11~Iayor Van Duelman, Councilmen llur- phy, Schueller, Thompson, ~Zrharton. :`rays-None. Resolution No. 122-41. Resolution awarding contract for the construction of a six (6) inch vitrified the sanitary sewer in Fremont Avenue northeaster- ly from the present manhole in Coates Street to L,ot 2 of 4 of Fremont Ave- nue Sub. and southerly to `Vartburg Place and in Wartburg Place southerly from Fremont Avenue to I,ot 1 of i of 2 of M. I,. 139, said resolution having been approved and ordered placed on file for one week on October 6th, 1941, presented and read on final adoption. Councilman Murphy moved the adop- tion of the resolution. Seconded by Councilman Schueller. Carried by the following vote: Peas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. October 11, 1941. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen -With reference to at- tached petition of Dubuque Packing Company, requesting vacation of cer- twin streets and alleys in .the neighbor- hood of ;~ast 18th St., Cedar St., fast 17th St., the Planning and Zoning Commission recommends the granting of said petition on such terms as your Honorable Body chooses to impose. Respectfully submitted, DUBUQUI; PLANNING AND ZONING COMMISSION, RICHARD V. McKAY, Secy. Councilman Murphy moved that the communication of the Planning and Zoning Commission be received and made a matter of record. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Ordinance No 32-41. An Ordinance providing for the vacation of Cedar Street from the north line of J~,ast 16th Street to the south line of 1~ast 19th Street; also for the vacation of J~,ast 18th Street from the east line of the alley first west of Cedar Street to the west line of Sycamore Street; also for the vacation of Just 17th Street from the east line of the alley first west of Cedar Street to the west lice of Cedar Street; also for the vacation of that part of the alley lying between Cedar and Sycamore Streets from $ast 19th to )~,ast 18th Streets; also for the con- veyance of said vacated areas to Du- buque Paclciug Company; and declar- ing an emergency, presented and read. Councilman Thompson moved that the reading just had be considered the first re~~.ding of the ordinance. Seconded by Councilman ;tturphy. Carried by the fol- lowing vote: Yeas-Mayor Van Duel- man, Councilmen Murphy, Schueller, Thompson, Wharton. Nays-Noce. Councilman Thompson moved that the rules be suspended requiring an ordi- nance to be read on three separate days. Seconded by Councilman Schueller. Carried by the following vote: Yeas- Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Whar- ton. Nays-None. The ordinance was then read a second time. Councilman Thompson moved that the reading just had be considered the second reading of the ordinance. Seconded by Council- man Murphy. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son, Wharton. Nays-None. Council- man Thompson moved that the ordi- nance be placed on file with the City Clerk for public inspection for at least one week before its final adoption. Seconded by Councilman Murphy. Car- ried by the following vote: Yeas- Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Whar- ton. Nays-None. Special Ordinance. Ordinance No. 29-41. An Ordinance granting to Hen- _~ Special Session, ®ctober 13th, 1941. ry A. Scandrett, Walter J. Cummings, and George I. Haight, as Trustees of the property of Chicago, Milwaukee, St. Paul and Pacific Railroad Company, their successors and assigns, the right to construct, maintain and operate In- dustry Spur Tracks in, upon, and across East 19th Street, Sycamore Street, East 18th Street, Cedar Street, the Alley located east of Cedar Street and north of East 18th Street, and over and across "B" Branch Sewer, defining the conditions of such grant; and de- claring an emergency, said ordinance having been passed upon first and sec- ond readings on October 6th, 1941, and ordered placed on file with the City Clerk for at least one week before its final adoption, presented and read a third time. SPECIAL ORDINAPICE Ordinance No. 29-41. An Ordinance granting to Henry A. Scandrett, Walter J. Cummings and George I. Haight, as trustees of the property of Chicago, Milwaukee, St. Paul and Pacific Railroad Company, their successors and assigns, the right to construct, maintain and operate industry spur tracks in, upon, and across East 19th Streett, Sycamore Street, East 18th Street, Cedar Street, the alley located East of Cedar Street and North of East 18th Street, and over and across °B" Branch Sewer defining the conditions of such grant; and declaring an emergency. Whereas, the Dubuque Packing Company of the City of Dubuque, Iowa, has acquired certain additional property upon which it has erected or will erect a plant for the carrying on of its packing business and will require the construction and maintenance of certain spur tracles of Henry A. Scan- drett, Walter J. Cummings and George I. Haight, Trustees of the Property of Chicago, Milwaulee, St. Paul and Pa- cific Railroad Company, in said City for the providing of railroad service to said Dubuque Packing Company; and Whereas, it is necessary and desir- able that Henry A. Scandrett, Walter J. Cummings and George I. Haight, Trustees of the Property of Chicago, Milwaukee, St. Paul and Pacific Rail- road Company, construct, maintain and use additional spur tracks to serve said Dubuque Packing Company; and Whereas, in order that said addition- al spur tracks may be properly and effi- ciently constructed to render adequate service, as aforesaid, it will be neces- sary that said tracks be constructed, maintained and used in, upon and across East 19th Street, Sycamore Street, East 18th Street, Cedar Street, the alley located east of Cedar Street ~• :, 255 and north of East 18th Street, and over and across "B" Branch Sewer; and Whereas, the respective locations and manner in which said spur tracks will have to be constructed, maintained and used in, upon and across said East 19th Street, Sycamore Street, East 18th Street, Cedar Street, the alley located east of Cedar Street and north of Taast 18th Street, and the "B" Branch Sewer, are shown and designated on the blue- print hereto attached, which blueprint by this reference is made a part of this ordinance with the same force and effect as if the locations therein con- tained were set up verbatim herein; and Whereas, it is necessary that the said Trustees of the Property of Chicago, Milwaukee, St. Paul and Pacific Rail- road Company obtain permission from the City of Dubuque, Iowa, to so con- strttct, maintain and use said spur tracks in, upon and across the aforesaid streets, alley and sewer in said City; Now, Therefore, Be It Ordained by the City Council of the City of Du- buque, Iowa: Section One: That Henry A. Scan- drett, Walter J. Cummings and George I. Haight, Trttstee of the Property of Chicago, Milwaukee, St. Paul and Pa- cific Raiiroad Company, as such Trus- tees and not as individuals, their sttc- cessors and assigns, be, and they are hereby authorized to construct, main- tain and use spur tracles in, upon and across East 19th Street, Sycamore Street, East 18th Street, Cedar Street, the alley located east of Cedar Street, north of East 18th Street, and over and across "B" Branch Sewer, in the City of Dubuque, Iowa, in substantially the respective locations and manner shown on the blueprint attached hereto. Section Two: Said Tracks shall con- form to the grade of said streets and alleys as now or as hereafter estab- lished and shall be so constructed and forever maintained that the free passage for vehicles across the same at all points shall not be intere~ered with and the right to impose additional condi- tions and requirements upon the use of said track or its maintenance whenever reasonable circumstances arise to re- quire the same is reserved to the Coun- cil of said City. Section Three: This ordinance be- ing deemed urgent and of immediate necessity shall become effective upon its passage, adoption and approval by the City Council and publication, as provided by law, and the rights herein granted shall accrue to said Henry A. Scandrett, Walter J. Cummings and George I. Haight, as Trustees of the property of Chicago, Milwaukee, St. Paul and Pacific Railroad Company :. I i 256 Special Session, October 13th, 1941. ~'~, ', t D4,, E Y ;i b s+i. ~i „rf ^"i '~ only when the injury and damages to property abutting upon said streets have been ascertained and compen- sated for, or in lieu thereof, when the record owners of such property and record holders of liens and encum- brances thereon have filed with this council their consent to the construc- tion and operation of such tracks and waivers and releases of any damages tivhich may be sustained by them on ac- count of the constrtuction and operation of the same. Passed upon first and second read- ings this 6th day of October, 1911. Passed, adopted and approved this 13th day of October, 1941. FRANK VAN DU1;I,l/AN, Mayor. F. W. THOT-SPSON, AI,BI;RT WHARTON, B. A. SCHUJ~I.I,]~R, GFO. R. MURPHY, Councilmen. Attest: J. J. SHhA, City Clerk. Published officially in the Telegraph- Herald newspaper and The Daily Tri- bune newspaper this 15th day of Octo- ber, 1911. J. J. SH>;A, 10-15-1t City Clerk. Councilman Rlurphy moved the adoption of the ordinance. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Dlurphy, Schueller, Thompson, Wharton. Nays -None. petition To the Honorable i\-Iayor and the Members of the City Council of the City of Dubuque, Iowa: Your Petitioners, Henry A. Scan- drett, Walter J. Cummings and George I. Haight, Trustees of the Property of Chicago, Mihvaulcee, St. Paul and Pa- cific Railroad Company, as such Trus- tees and not as individuals, respectful- ly represent that they desire to con- struct, maintain and use in the City of Dubuque, Iowa, certain additional spur tracla in the location shown on the blueprint plat marked "exhibit A", dated July 26, 1941, attached to and made a part hereof, to serve the Du- buque Packing Company in said City; that said proposed tracks when con- structed will be located in, upon and across fast 19th Street, Sycamore Street, fast 18th Street, Cedar Street, the alley located east of Cedar Street and norh of fast 18th Street and over and across "B" Branch Sewer, in said City of Dubuque, in the respective lo- cations and manner as shown on. ~x- hibit "A"; that the construction, main- tenance and use of said proposed tracks in, upon and across said streets and al- leys in said respective locations and manner is necessary for affording to said Dubuque Packing Company, and industry of the City of Dubuque, Iowa, adequate railroad track service. Wherefore Your Petitioners respect- fully petition that this City Council en- act an ordinance substantially in form as herewith submitted granting unto your Petitioners permission to con- struct, maintain and use spur tracks in, upon and across the streets and alleys above set forth in the City of Du- buque, Iowa, in substantially the re- spective locations and manner as shown upon said exhibit "A" hereto attached. Dated October 6th, 1941. H)~NRY A. SCANDR)~TT, WAI,- 'I'1~R J. CU1\IAfINGS AND G)~ORG); L HAIGHT, Trustees of the Property of CHICAGO, 1VIIL,- VVAL'K~1~, ST. PAUL, AND PA- CIFIC RAILROAD COMPANY, as such Trustees, and not individually, By O. N. HARSTAD, General Alanager. Councilman Murphy moved that the petition be received and made a matter of record. Seconded b}= Councilman \Vharton. Carried by the following vote: Yeas-Mayor Van Duelman. Councilmen Murphy, Schueller, Thomp- son, Wharton. Nays-None. There being no further business, Councilman Murphy moved to ad- journ. Seconded by Councilman Thompson, Carried by the following vote: Yeas-1\~fayor Van Duelman, Councilmen :~~Iurphy, Schueller, Thomp- son, Wharton. Naps-None. J. J. SHWA, City Clerk. Approved ----------------------1941. Adopted -----------------------1941. Councilmen {_______________________ Attest: ----------------------------- City Cleric. Special session, October 20th, 1941. 257 ~~~ ~~~ (Official.) Special Session, October 20th, 19=11. Council met at 8:00 P. NI. Present-Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thompson, Wharton, City Manager Rhomberg. Meeting called by order of Council- men Wharton and Murphy. Mayor Van Duelman read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of considering for final adoption Resolution No. 128- 41, aresolution awarding the contract for the resurfacing of Nest Third Street from the east property line of Burch Street to the west property line of Alpine Street South and acting on any other business as may properly come before a regular meeting of the City Council. Petition of Peter H. iVlcCarth}*, set- ting out objections to the contract for the improvement of Nest Third Street from the east property line of Burch Street to the `vest property lice of Al- pine Street South, presented and read. Councilman Wharton moved that the rules be suspended for the purpose of a.llo~ving any one present in the Coun- cil Chamber, who wishes to do so, to address the Council. 5ecouded by Councilman Schueller. Carried by the following vote: Yeas-Alayor Van Duelman, Councilmen 1~Iurphv, Schuel- ler, Thompson, Wharton. Nays- None. Attorney John C. Cunniug,- ham, representing Peter H. 1l~Ic- Carthy, addressed the Council in sup- port of the objections as contained .n the petition of Peter H. \~IcCarthy and requested Council not to award the contract for said paving as the plans and specifications as approved aril adopted for this improvement are de- fective, incomplete and unintelligible and Further stating that no provision has been made for the Interstate Pojv- er Company to pay their share of the improvement as set out in the original franchise ordinance. Attorney R. P. Roedell, representing C. M. Roedell, addressed the Council, stating that he has not filed any general written ob- jections at this time but verbally ob- jected to the awarding of the contract on the grounds hat the plans aitd spe- cificaions for the improvement of West Third Street are defective and incom- plete and further stating that the In- terstate Power Company should be as- sessed for their proportionate share of this improvement as set out in the orig- inal franchise ordinance. Councilman Wharton moved that Council recess Seconded by Councilman Murphy. Carried by the following vote: Yeas- Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wham ton. Nays-None. Council recessed at 9:00 P. NI. and reconvened at 9:25 P. M. Councilman Murphy moved that the petition of Peter H. McCarthy setting forth objections to the contract for the improvement of West Third Street together with the verbal objec- tions be referred to the City Solicitor for a report as to the legality of the ob- jections. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son, Wharton. Nays-None. Communication of Mr. and Mrs. I,. Gneier, submitting a claim in the amount of $5.00 for damages to their automobile caused in striking holes in the street on Forest bane, presented and read. Councilman Murphy moved that the communication be referred to the City Solicitor for investigation and report. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son, Wharton. Nays-None. Petition of St. Raphael's Cathedral, requesting permission to hang a banner across Bluff Street in front of the Ca- thedral, presented and read. Council- man Thompson moved that the request be granted. Seconded by Councilman I1lurphy. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen 11lurphy, Schueller, Thomp- son, Wharton. Nays-None. Petition of NIr. and Mrs. A. J. Ivlacl:ert, et al, owners of property within three hundred feet of the prop- erty known as I,ot -1 and ? of I,ot 3 of Keogh's Sub„ requesting the City Council to change the area no~v zoned as aTwo-Family District in Mobley's Dubuque, Collins Sub., Bell's Sub., and Keogh's Sub. to Multiple Family Resi- dence Classification, presented and read. Councilman Thompson moved that the petition he referred to the Planning and Zoning Commission for their recommendation and report. Sec- onded by Councilman Wharton. Car- ried by ~ the following vote: Yeas- Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Whar- ton. Nays-None. Communication of Carl Grabow, Di- rector of Recreation, extending an in- vitation to the Mayor, Members of the City Council and City Manager to act in the capacity as Judges for the Hal- lowe'en Parade, presented and read. Councilman Murphy moved that the invitation be accepted. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Van 258 Special Session, October 20th, 1941. Duelmatt, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Council Proceedings for the month of August, 1941, presented for approv- al. Cotncilman Thompson moved that the Council Proceedings for the month of August, 1941, be approved as printed. Seconded by Councilman Wharton. Carried by the follow- ing vote: Yeas - 1\~Iayor Dan Duel- man, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Ordinance No. 30-41. An Ordinance granting to the Archdiocese of Du- buque, Emelia Entringer, Albert D. and Dmily Hoffmann, Mary i~I, Fuchs, Clara K. and William J. Markey, Clara A. and B. 1{. Baumhover, permis- sion to construct a six inch vitrified the sanitary sewer in Dodge Street from the present manhole in Stetmore Street Easterly and Southerly to a point ap- proximately Ninety Feet Northerly of the Northerly line of Fremont Avenue, and regulating such permission, said ordinance having been passed upon first and second readings on October 10th, 1941, and ordered placed on file with the City Clerk for public inspec- tion for at least one week before its final adoption, presented and read a third time. ORDINANCE NO. 30-41. An Ordinance Granting to Archdiocese of Dubuque, Dmelia Dntringer, Al- bert D, and Emily Hoffmann, 1\~fary DI. Fuchs, Clara K. and William J. Markey, Clara A. and B. L. Baum- hover, permission to Construct a Six Inch Vitrified Tile Sanitary Sewer in Dodge Street from the Present illan- hole in Stetmore Street Daserly and Southerly to a Point Approximately Ninety Feet Northerly of the North- erly Line of Fremont Avenue, and Regulating Such Permission. BD IT ORDAINED BY THD CITY COUNCIL, OF THE CIT4' OF DUBUQUE: Section 1. That permission be, and the same is hereby granted, to Arch- diocese of Dubuque, Dmelia Dntringer, Albert D. and Emily Hoffmann, T/ary NI. Fuchs, Clara K. and William J. Markey, Clara A. and B. L, Baumhov- er, at their own expense to construct a six inch vitriified the sanitary sewer in Dodge Street from the present manhole in Stetmore Street easterly and south- erly to a poin approximately ninety feet northerly of the northerly line of Fre- mont Avenue in the City of Dubuque, Iowa. Section 2. That said server shall be laid under the direction and supervision of the City Manager and in accordance with plans and specifications prepared by the City Engineering Department. Section 3. That after said sanitary sewer has been constructed as above described, all persons living along and adjacent to said sewer shall have the right to connect therewith, but such right shall be granted only upon a proper application being made to the City Council of the City of Dubuque and by paying to Mary M. Fuchs, Clara K. and William J. Markey, Clara A. and B. I,. Baumhover, the applicant's porpot-tionate part of the cost, plus in- terest, of constructing such sewer, based on the lineal frontage of his property on said street, which payment must be made before the right to con- nect shall be granted. Section 4. That the total cost of the consttruction of said sanitary sewer has been determined to be $1,383.91 and the proportionate share based on the lineal frontage of the property has beets determined to be 97.7 cents per front foot. Section 5. This ordinance shall be in force and effect from and after its passa,ee, adoption and approval by the City Council, and publication as provided by lain and the rights hereun- der shall accrue to Archdiocese of Du- buque, Emelia Entringer, Albert D. and Emily Hoffmann, Mary M. Fuchs, Clara K. and \Villiam J. Markey, Clara A. and B. L,. Baumhover `when this or- dinance has been accepted by them, which acceptance shall be endorsed hereon. Passed upon first and second read- ings this 10th day of October, 1941. Passed, adopted and approved upon final reading this 20th day of October, 1941. FRANK VAN DUDI,MAN, 12ayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J, Shea, City Clerk. ACCEPTANCE O]F ORDINANCE No. SO-41 Archdiocese of Dubuque, Emelia Entringer, Albert D, and Emily Hoff- mann, Mary M. Fuchs, Clara K. and William J. Markey, Clara A. and B. L. Baumhover, having knowledge of all the terms and conditions of Ordinance No. 30-41, does hereby accept Ordi- nance No. 30-41, as adopted by the City Council of the City of Dubuque, on this 20th day of October, 1941, and Special Session, October 20th, 1941. agrees to comply with all of the terms and conditions therein set forth. Signed this 23rd day of October, ', 1941. B. L,. Baumhover, Clara A .Baumhover, Mary M. Fuchs, Archdiocese of Dubuque, by D, V. Foley, Secy. Albert D. Hoffmann, Dmily F. Hoffmann, Clara K. Markey, William J. Markey, Dmelia Dntringer, John Nagle, Agt. Published officially in The Telegraph- Herald newspaper and The Daily Tri- bune newspaper this 24th day of Octo- ber, 1941. J. J. SHDA, City Clerlc. Councilman Thompson moved the adoption of the ordinance. Seconded by Councilman Schueller. Carried by the following vote: Yeas-1layor Van Duelman, Councilmen T~Iurphy, Schuel- ler, Thompson, Wharton. Nays-None. Ordinance No. 31-41. An Ordinance granting to Carr, Adams & Collier Company, its Successors and/or As- signs, the right to lay and maintain pipes and power cables under Dlm Street on the south side of Dleventh Street, under the sidewalk on the south side of Dleventh Street from Dlm Street to Washington Street, and to at- tach and maintain pipes and equipment on the Washington Street side of the building located on the Southeast cor- ner of Dleventh Street and Washington Street and the right to construct and maintain an emergency dump tank un- derground on the Southeast corner of Dleventh Street and Washington Street, said ordinance having been passed upon first and second readings on October 10th, 1941, and ordered placed on file with the City Clerk for public inspec- tion for at least one week before its final adoption presented and read a third time. 012DINAIVCE NO. 31-41. An Ordinance granting to Carr, Ad- ams & Collier Company, its successors and/or Assigns, the right to lay and maintain pipes and power cables under Dlm Street on the south side of Elev- enth Street under the sidewalk on the south side of Dleventh Street ft-om Dltn Street to Washington Street, and to at- tach and maintain pipes and em~ipment on the Washington Street side of the building located on the southeast cor- ner of Dleventh Street and Washing- ton Street and the right to construct and maintain an emergency dump tank underground on the southeast corner of Dleventh Street and Washington Street. 259 BD IT ORDAINDD BY THD CITY COUNCIL, OF THD CITY OF DUBUQUD: Section 1. That the Carr, Adams & Collier Company, its Successors and/or Assigns be, and they are hereby grant- ed the right and authority to lay and maintain pipes and power cables under Dlm Street on the south side of Dlev- enth Street, under the sidewalk on the south side of Dleventh Street from Dlm Street to Washington Street, and to attach and maintain pipes and equip- ment on the Washington Street side of the building located on the southeast corner of Dleventh Street and Wash- ington Street, and the right to construct and maintain an emergency dump tank underground on the southeast corner of Dleventh Street and Washington Street. Section 2. That all of the matters and things herein authorized shall be constructed under the direction and su- pervision of the City Manager and Building Inspector, Sectiton 3. As a consideration for the rights and privileges hereby grant- ed the said Carr, Adams & Collier Company, its Successors and/or As- signs does hereby agree to pay for on behalf of the City of Dubttque, any and all sums of money which the City of Dubuque shall become obligated to pay by reason of any liabilit}* imposed upon the City for damages of any kind and all kinds which may be caused or sus- tained by anyone because of the con- struction and maintenance of the mat- ters and things hereinbefore authorized. The Carr, Adams & Collier Company hereby agrees, at its own expesse, to defend for and on behalf of the City any and all claims and/or suits, at law or in equity, and any and all other pro- ceedings brought against the City be- cause of the enactment of this Ordi- nance and/or the erection, installation and operation of the matters in connec- tion therewith even if the same be groundless, false or fraudulent. The, Carr, Adams & Collier Com- pany agrees to pay any and all claims allotted against the City with legal in- terest thereon to pay any and all judg- ments rendered against the City, to- gether with any and all court costs and any and all damages, costs and ex- penses incurred by the City in connec- tion ttith such claims or suits growing out of the matters and things herein- before granted. All such payments are to be made when the claims are finally allowed and when judgments are finally entered. Section 4. It is understood and pro- vided that the right and permission to use and occupy such portions of such side talks and streets for the purpose 260 Special Session, October 20th, 1941. herein stated is subject to the continu- ousous control of the City Council of the City of Dubuque, reserving the right to said City Council to impose restrictions and conditions upon the es- joyment thereof, as may be reasonably neecssary for the protection of the pub- lic interest, including the right to re- voke and rescind any and all of such rights and permissions if at any time the public interest should so require. Section 5. Should the rights and privileges herein granted be rescinded or revoked, said Carr, Adams & Collier Compare}=, its Successors and/or As- signs, at its own expense and upon re- ceipt of notice, agrees to remove the structures herein authorized and to re- store the sidewalk and streets to as good condition as they were in before construction, within thin}= days after receipt of said notice. Section 6. This Ordinance being deemed urgent shall become effective upon its final passage, adoption and ap- proval by the City Council and publica- tion as provided by law, and the rights hereunder shall accrue to Carr, Adams Collier Company, its Successors and/ or Assigns when this Ordinance has been accepted by said Company, tivhich acceptance shall be endorsed hereon and when the cost and expense of pub- lishing the same has been paid by said Company. Passed upon first and second read- ings this 10th clay of October, 19-}1. Passed, adopted and approved upon final reading this 20th day of October, 1941. FRANK VAN DUI;i,I\iAN, 3layor. F. ~Z=. THOIvtPSON, AZ,B~RT \'~THARTO\, GI~O. R. i1IURPHV, Councilmen. Attest: J. J. SHWA, City Clerk. ACCDPT.~NCIa ®F ®RDII~TANCE 1V O. 31-91 Carr, Adams S Collier Company, having knowledge of all the terms and conditions of Ordinance No. 31-41, does hereby accept Ordinance No. 31-41, as adopted b}= the City Council of the Cit}= of Dubuque, on this 20th day of Octo- ber, 19-41,aand agrees to comply with all of the terms and conditions therein set forth. Signed this 23rd day of October, 1941. CARR, ADAMS ~ COLLIER COMPANY, By PAUL, L. ADAMS, Vice-Pres. F, K. TAYLOR, Supt. Published officially in the Telegraph- Herald newspaper and The Daily Tri- bune newspaper thtis 24th day of Octo- ber, 1941. J. J. SHWA, City Clerk. Councilman Murphy moved the adoption of the ordinance. Seconded by Councilman tiVharton. Carried by the following vote: Yeas-Nlayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Ordinance No. 32-41. An Ordinance providing for the vacation of Cedar Street from the north line of fast 16th Street to the south line of fast 19th Sreet; also for the vacation of $ast 18th Street from the east line of the alle}= first west of Cedar Street to the west line of Sycamore Street; also for the vacation of fast 17th Street from the east line of the alley first west of Cedar Street to the west line of Cedar Street; also for the vacation of that part of the alley lying between Cedar and Sycamore Streets from fast 19th to fast 18th Streets; also for the con- ve}=ance of said vacated areas to Du- buque Packing Company; and declar- ing an emergency, said ordinance hav- ing been passed upon first and second readings on October 13th, 1911, and ordered placed on file with the City Clerk for public inspection for at least one week before its final adoption, pre- sented and read a third time. 4?RDIIVAI~fC1/ IvI®. 3Z-41. An Ordinance Providing for the Vaca- tion of Cedar Street from the north line of East 16th Street to the sottth line of $ast 19th Street; also for the vacation of fast 18th Street from the east line of the alley first west of Cedar Street to the west ling of Syca- more Sheet; also for the vacation of fast 17th Street from the east line of the alley first west of Cedar Street to the west line of Cedar Street; also for the i~acation of that part of the alley lying between Cedar and Syca- more Streets from fast 19th to fast 18th Streets; also for the conveyance of said vacated areas to Dubuque Packing Company; and declaring an etitergenc}'. Whereas, Cedar Street from the north line of fast 16th Street to the south line of fast 19th Street; fast 18th Street from tl.e cast line of the alley first west of Cedar Street to the west line of Sycamore Street; fast 17th Street from the east line of the alley first west of Cedar Street to the west line of Cedar Street; and the alley lying between Cedar and Sycamore Streets from 1?ast 19th to fast 18th Streets are located ~=ithin the Heavy Industrial District in the City of Dubuque, as de- limited by the Zoning Map of said City Special Session, ®ctober 20th, 1941. and all of the real estate abutting upon said portions of such streets and alley owned by Dubuque Packing Company and said streets and alley are not needed for street or public purposes and the vacation thereof will not injure, damage or interfere with the use of or accessibility to private property situ- ated within such district; and Whereas, the Planning and Zoning Commission of the City of Dubuque has examined into the advisability of vacating such portions of such streets and alley and has recommended to this Council that such vacations be made; Now, Therefore, BD IT ORDAINDD BY THD CITY COUNCIL, OP THD CITY OF DUBUQUD: Par. 921, Section One. That Cedar Street from the north line of Dast 16th Street to the south line of Dast 19th Sreet be and the same is hereby va- cated. Par. 922, Section Two. That Dast 18th Street from the east line of the alley first west of Cedar Street to the west line of Sycamore Street be and the same is hereby vacated. Par. 923, Section Three. That Dast 17th Street from the east line of the alley first west of Cedar Street to the west line of Cedar Street be and the same is hereby avacated. Par. 924, Section Four. That that portion of the alley lying between Ce- dar and Sycamore Streets from Dast 19th to Dast 18th Streets be and the same is hereby vacated. Par. 925, Section Five. That, in con- sideration of the sum of One Dollar $(1.00) and other valuable considera- tions, the receipt whereof is hereby acknowledged, said vacated areas be, and the same are hereby sold, granted and conveyed to Dubuque Packing Company, its successors and assigns; subject, however, to the limitations that, in the event said Company, its successors or assigns, shall cease to use said premises for industrial purposes, such vacated areas shall revert to the City of Dubuque; and subject, further, to the reservation that aII sewers, drains, and water mains located upon or within the vacated areas shall con- tinue to be the property and under the supervision and control of the City of Dubuque, its officers and employees, including the right and power to enter upon the premises for all proper public uses and purposes and, in the event of any repairs or replacements become necessary in or upon such sewers and water mains or services because of any action or conduct upon the part of said Dubuque Packing Company, its agents or employees, such sewers and water 261 mains and services shall be repaired or rebuilt at the expense of said Dubuque Packing Company. No structures of any kind shall be superimposed upon such sewers or water mains or services or erected in the same without the ap- proval of the City Council and the Deed hereinafter referred to shall so provide. Par. 926, Section 6. Before any building or other structure is construct- ed or erected upon Dast 17th Street from the east line of the alley first west of Cedar Street to the center line of Cedar Street, hereby vacated, Dubuque Packing Company, its successors and assigns, shall, at their own expense, extend the existing storm water sewer and facilities in such manner and of such method of construction as shall meet with the approval of the City Council and City Manager. Par. 927, Section Seven. Dubuque Packing Company, its successors and assigns, shall assume all liability for damages which may be caused to per- sons or property arising because of the use of the streets, sidewalks and alley now existing within the vacated areas, and by the acceptance of this Ordi- nance, they shall agree to hold the City of Dubuque harmless from any dam- ages or claims for damages which may be asserted against said City on ac- count of any defects in said streets, sidewalks and alley or because of any negligence in maintaining the same. Par. 928, Section Dight. That said grantee, Dubuque Packing Company, be and rt is hereby directed and author- ized to cause a plat to be made of said vacated areas wherein the same shall be given a legal description, whereupon the City of Dubuque will convey said lands to said grantee by Quit Claim Deed, and the Mayor and Clerle of said City are hereby authorized and directed to execute said Deed on behalf of said City of Dubuque. Par. 929, Section Nine. That the Clerk be and is hereby directed to file in the office of Recorder of Dubuque County, a certified copy of this Ordi- nance. Par. 930, Section Ten. That this or- dinance, being deemed urgent and in the interest of the public welfare, shall be in force and effect immediately upon its final passage, adoption and approval by the City Council, and publication as provided by la~v, and the rights here- under shall accrue to Dubuque Pack- ing Company, its successors and as- signs, when this Ordinance has been accepted by said Company, which ac- ceptance shall be endorsed hereon, and when the costs and expense of publish- ing the same has been paid by said Company. 262 Special Session, ®ceober 20th, 1941. Passed upon first and second read- ings this 13th day of October, 1941. Passed, adopted and approved upon final reading this ZOth day of October, 1941. FRANK VAN DUHI-,MAN, Mayor. F. W. THOMPSON, AI,BFRT WHARTON, B. A. SCHUFI.I-,FR, GEO. R. MURPHY, Councilmen. Attest: J. J. SHI~A, City Clerk. ACCEPTA1~tCE OF ORDIIVAAICE NO. 32-41. Dubuque Packing Company, having knowledge of all of the terms and con- ditions of Ordinance No. 32-41, does hereby accept the same as adopted b}* the City Council of the City of Du- buque on the 20th day of October, 1941, and agrees to comply tivith the terms and provisions thereof. Signed this 21st day of October, 1941. DUBUQUE PACILING CO?~IPANY By H. W. WAHL,I~RT, President. Published officially in the Telegraph- Herald newspaper and The Daily Tri- bune newspaper this 23rd day of Octo- ber, 1941. J. J• SH$A, 10-23-1t. City Cleric. Councilman Murphy moved the adoption of the ordinance. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. October 20, 1941. To the Honorable A/ayor and City Council, Dubuque, Iowa. Gentlemen-This is to advise that I have approved the following bonds and policy and desire to have your ap- proval on same ror filing: Personal C. J. McCarthy, Harbor and Alarket Master, Eagle Indemnity Co. Excavation. F. J. Rellihan, 1715 Central Avenue, Bond No. 63835 Central Surety ~ Ins. Corp. Curtis-Straub Co., 1069 Main Street, Bond No. MP31490 Central Surety & Ins. Corp. Respectfully submitted, A. A. RHOlI~IBFRG, City Manager. Councilman Murphy moved that the bonds be approved and placed on file. Seconded by Councilman Wharton. Carried by the following vote: Yeas- Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Whar- ton. Nays-None. Resolution No. 131-41. Resolution approving lease of the municipal air- port for a period of five years to Du- buque Airways, Inc., and authorizing the Manager and Clerk to execute the same on behalf of the City of Dubuque, presented and read. Councilman tiVharton moved that the Resolution and Contract of Lease be placed on file with the City Cleric for public inspec- tion for at least one week before final adoption. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son, Wharton. Nays-None. Resolution No. 132-41. Resolution approving Contract with Dubuque Packing Company for to pay the costs and expenses of filling and constructing Lynn Street from the north line of fast 16th Street to the south lice of bast 18th Street and to permit Hast 18th Street to remain open for public travel for certain stated periods and directing the Mayor and Clerk to execute the same on behalf of the City of Dubuque, said Contract being in consideration of the vacation of streets and alley, presented and read. Councilman Thompson moved that the resolution and Contract be placed on file with the City Clerk for public inspection for at least one week before final adoption. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Resolution IVo. 133-41. Whereas, the City Council of the City of Dubuque of November 4, 1940, by Resolution No. 106-40 authorized the sale of hots 3, 4, 5, 6 and 7 of Indus- trial Subdivision No. 2 to C. W. Varner for Three Thousand ($3,000.00) Dollars upon certain terms and conditions, and Whereas, transfer of said property has not been completed in accordance with said resolution, and Whereas, it is desirous that the prem- ises heretofore described be sold and conveyed to Varner Well Drilling Co., Inc., for Three Thousand ($3,000.00) Dollars upon condition that: Fifteen Hundred ($1,500.00) Dollars be paid on the delivery of the deed and the balance of Fifteen Hundred ($1,500.00) Dollars be paid in three annual install- ments of Five Hundred ($500.00) Dol- lars each on November ,a, 1942, Novem- ber 1, 1943, and November 1, 1944, and Special Session, ®ctober 20th, 1941, that the Varner Well Drilling Co., Inc., execute note and mortgage upon said property as security for the balance due. Be It Resolved By the City Council of the City of Dubuque: That it is hereby deemed advisable to sell hots 3, 4, 5, 6 and 7 of Industrial Subdivision No. 2, Dubuque, Iowa, to Varner Well Drilling Co., Inc., for Three Thousand ($3,000.00) Dollars, Fifteen Hundred ($1,500.00) Dollars cash, the balance of Fifteen Hundred ($1,500.00) Dollars to be paid by note and mortgage for Fifteen Hundred ($1,500.00) Dollars, said note to be paid in three installments of Five Hundred ($500.00) Dollars each, due November 1, 1942, November 1, 1943, and Novem- ber 1, 1944. Be It Further Resolved, That the Mayor and Clerk of the City of Du- buque be, and they are hereby author- ized to execute said deed for and on be- half of the City of Dubuque and to affix thereto the official seal of said City. Passed, adopted and approved this 20th day of Oitober, 1941. FRANK VAN DUFL,NSAN, Mayor. F. W. THOMPSON, AI,B?~RT WHARTON, B. A. SCHUFI,L,FR, GFO. R. MURPHY, Councilmen. Attest: J. J. SHWA, City Clerk. Councilman Murphy moved the adoption of the resolution. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Ma}*or Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Resolution No. 134-41 Whereas, Application for Class "B" Beer Permit has been submitted to this Council for approval and the same has been examined; Now, Therefore, Be It Resolved, By the Council of the City of Dubuque that the following applica- tion be and the same is hereby ap- proved, and it is ordered that the prem- ises to be occupied by such applicant shall be forthwith inspected. Class "B" Permit. Name Address Charles Peed and Anna Peed (Transfer of address from 1389 1~Im Street) 41 West 7th Street. X63 Passed, adopted and approved this 20th day of October, 1941. FRANK VAN DUI~I,MAN, Mayor, F. W. THOMPSON, AI,B~RT WHARTON, B. A. SCHUEI,I.l;R, GFO. R. MURPHY, Councilmen. Attest: J. J. SHWA, City Clerk. Councilman Thompson moved the adoption of the resolution. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Resolution No. 135-41. Whereas, Heretofore applications were filed by the within named appli- cants for Class "B" Beer Permits and they have received the approval of this Council; and Whereas, The premises to be occu- pied by such applicants have been in- spected 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 Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. Class "B" Permit. Name Address Charles Peed and Anna Peed (Transfer of address from 1389 Flm Street) 41 West 7th Street. Millard Poquette and Lucille Poquette (Transfer of address from 923 Main Street), 951 Main Street. Be It Further Resolved, That the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 20th day of Otocebr, 1941. FRANK VAN DUFLMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHU7LLFR, GFO. R. MURPHY, Councilmen. Attest: J. J. SHWA, City Clerk. Councilman Schueller moved the adoption of the resolution. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. 264 Special Session, ®cto6er 20th, 1941. Mr. Arth. Hubert, et al, addressed the Council, requesting that King Street be graded and curbed. Mr. Hu- bert was informed that the Council will view the grounds as to both his verbal request and the former petition filed with the Council requesting that King Street be made passable for vehicular .and pedestrian travel. Mr. John Kemp, representing the Kemp l;state, et al, addressed the Coun- cil relative to the proposed construc- tion of a sanitary sewer in. Kane Street stating that only one person on Kane Street is in favor of the construction+ of this sewer and requesting Council to defer action on constructing the sewer in Kane Street. There being no further business, Councilman Thompson moved to ad- journ. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son, Wharton. Nays-None. 7. J. SHWA, City Clerk. Approved ______________________1941. Adopted _______________________1941. Councilmen {__________®____________ Attest: _____________________________ City Clerk. _,:i ", :1 Special Session, ®ctober 22nd, 1941. (®fiicial) Special Session, October 22nd, 1941. Council met at 7:40 P. M. Present - Mayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son, Wharton, City Manager Rhom- berg. Meeting called by order of Council- men Schueller and Murphy. Mayor Van Duelman read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of considering the opinion submitted by City Solicitor Kintzinger with reference to the objec- tions filed to the contract and the pro- ceedings for the improvement of West Third Street and acting on any other business as may properly come before a regular meeting of the City Council. Councilman Murphy moved that J. J. Hail be appointed Clerk Pro Tem of the meeting. Seconded by Councilman Thompson. Carried by the following vote: Yeas-I\Iayor Van Duelman, Councilmen IVlurphy, Schueller, Thomp- son, Wharton. Nays-None. Waiver and Release. The undersigned being property owners ou West Third Street from the east property line of Burch Street to the west property line of Alpine Street South, state that we are acquainted with the project to pave and resurface that part of West Third Street as shown by the plans and specifications on file in the office of the City Clerk of the City of Dubuque; that we know a Resolution of Necessity has been passed; that notices were given for bids; that one bid vas received; and that eve are acquainted and know the contents of the bid filed and are also acquainted with the Thomas Flynn Coal Company, the bidder and the amount of the bid. That we are desir- ous and anxious to have said Street re- surfaced in accordance with the plans and specifications very promptly. We are familiar with all the proceedings had in connection with said project be- fore the City Council of the City of Dubuque. We hereby agree and consent to the resurfacing of said West Third Street in accordance with the plans and speci- fications by the Thomas Flynn Coal Company at the price quoted in its bid. We hereby further agree and consent to, and hereby do, waive any and all technicalities and/or irregularities that there may be in the proceedings of the 265 City Council in connection with said project. We hereby further consent and agree that assessment may be le- vied and placed upon our property in accordance with the plans and specifi- cations and the amount of the bid and the law providing for the assessing of special assessments. Dated this 21st day of October, 1941. J. C. Collier, Helen C. Altman by F. K. Altman, C. F. Hartman, D. W. Hart- man by C, F. H., J V. Conzett, John G. Chalmers, John K. Chalmers, C. H. Wunderlich, A. Fluetsch, B. T. Gun- derson, 1;. Rose Hofflin, A. T. Peaslee, J. M. Burch, Jr., Mrs. Louise Burch Dstate by J. M. Burch Jr, ];xecutor, Clarence R. Sandry, Rose & l;lizabeth McGloughlin by ;~lizabeth McGlough- lin, F. W. Woodward, Bessie S. Palen, Fred Bell, Marguerite Bissell, Anna B. I,awther and Wm. I,awther. Council- man Wharton moved that the Waiver and Release be received and made a matter of record, Seconded by Coun- cilman Murphy. Carried by the fol- lowing vote: Yeas-Mayor Van Duel- man, Councilmen Murphy, Schueller, Thompson, Wharton. Nays-None. October 22, 1941. Honorable Mayor and Members of the City Council, City of Dubuque, Iowa: Gentlemen -With reference to the Objections to the Contract for the im- provement of West Third Street and the proceedings which have been re- ferred to me for an opinion, I am of the opinion that the City Council has authority to award the Contract for the resurfacing of West Third Street, that the proceedings are legal and that a valid assessment can be levied and col- lected for the same. Respectfully submitted, JOHN J. KINTZINGRR, City Solicitor. Councilman Murphy moved that the communication and opinion of City So- liritor Kintzinger be receiven and made a matter of record. Seconded by Councilman Wharton. Carried by the following vote: Yeas - 1\Iayor Van Duelman, Councilmen >tlurphy, Schuel- ler, Thompson, Wharton. Nays-None. Councilman Murphy moved that the rules be snsupended for the purpose of allowing any one present in the Council Chamber, who wishes to do so, to ad- dress the Council. Seconded by Coun- cilman Wharton. Carried by the fol- lowing votte: Yeas-Mayor Van Duel- man, Councilmen Murphy, Schueller, Thompson, Wharton. Nays-None. Mr. Peter H. McCarthy addressed the Council expressing his verbal objec- tions. to the awarding of the contract for the resurfacing of West Third Street from the east property line of 266 Special Session, ®eto6er 22nd, 1941. Burch Street to the west property line of Alpine Street South. Resolution No. 128-41. Resolution awarding contract for the resurfacing of West Third Street from the east property line of Burch Street to the west property line of Alpine Street South to Thos. Flynn Coal Co., said resolution having been approved and placed on file for public inspection for at least one week on October 10th, 1941, presented and read on final adop- tion. Councilman Wharton moved the adoption of the resolution. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Councilmen Murphy, Thompson, Wharton. Nays -Mayor Van Duelman, Councilman Schueller. Honorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen -With reference to the claim of 1LIr. and Mrs. Gneier which has been referred to me for investiga- tion and report, I have investigated this matter and find that Forest bane has been in a very bad condition for some time and that it was because of the holes and dangerous condition of the Street that they sustained the dam- ages complained of. I recommend that their claim and the amount of $5.00. be allowed and a war- rant be issued and delivered to the claimant upon the delivery to the City of the proper release. Respectfully submitted, JOHN J. KINTZING~R, City Solicitor. Councilman Wharton moved that the recommendation of City Solicitor Kintzinger be approved and the City Auditor be instructed to draw a war- rant in the amount of $5.00 in favor of Mr, & Mrs. I,. Gneier as settlement in full of their claim and that said war- rant be delivered upon the execution and delivery of a proper release. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas- Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Whar- ton. Nays-None. October 21, 1941. To the Honorable Mayor and City Council, Dubuque, Iowa: Gentlemen-The Planning and Zon- ing Commission respectfully recom- mends to your Honorable Body the following changes in the Zoning Ordi- nance. (1) Amend Paragraph e, Section 3, Article IV. to read as follows: (e) L,ot Area Per Family. No dwelling shall be erected or placed on a lot containing less than the following minimum lot area per family: One family dwelling - five thousand (5000) square feet. Two family dwelling -one thousand two hundred and fifty (1250) square feet oer family. Apartment house, multiple dwelling-one thousand two hun- dred and fifty (1250) square feet per family. Nothing in the area regulations of this ordinance relating to lot areas per family shall be held to prohibit the erection of a one- family dwelling upon a lot, the area of which is less than that prescribed as the minimum lot area per family, provided such lot was held under separate ownership from the adjacent lots and a recorded plat of lots or subdivision of property shows such lot to be separate and dis- tinct at the time of the passage of this ordinance. Vacant adja- cent lots held by the same owner at the time of passage of this or- dinance shall be replatted to pro- vide the required lot area per family before any building is erected or placed thereon. (2) Amend Paragraph e, Section 3, Article V., to read as follows: (e) I,ot Area Per Family. No dwelling shall be erected or placed on a lot containing less than the following minimum lot area per family: One family dweiling -five thousand (5000) square feet. Two family dwelling -One thousand ttvo hundred and fifty (1250) square feet per family. Apartment house-one thous- and ttvo hundred and fifty (1250} square feet per family. Nothing in the area regulations of this ordinance relating to lot area per family shall be held to prohibit the erection of a one family dwelling upon a lot, the area of which is less than that prescribed as the minimum lot area per family, provided such lot was held under separat: o~n>nership from the adjacent lots, and a recorded plat of lots or subdivision of property shows such lot to be separate and dis- tinct at the time of the passage of this ordinance. Adjacent lots held by the same owner at time of passage of this ordinance shall be replatted to provide the re- quired lot area per family before any building is erected or placed thereon. (3) Amend Paragraph e, Section 3, Article VI., to read as follows: (e) I,ot Area Per Family. No dwelling shall be erected or placed on a lot containing less than the following minimum lot areas per family: Special Session, October 22nd, 1941. 267 One family dwelling - five Councilman Wharton moved that the thousand (5000) square feet. recommendation of the Planning and Two family dwelling - oue Zoning Commission be approved and the thousand two hundred and fifty City Solicitor be instructed to prepare (1250) square feet per family. the proper proceedings. Seconded by Apartment or tenement house Councilman Thompson. Carried by the following vote: Yeas-Mayor Van -six hundred (600) square feet Duelman, Councilmen Murphy Schuel- per family, Nothing in the area regula- , ler, Thompson, Wharton, Nays-None. tions of this ordinance relating October 21, 1941. to lot area per family shall be To the Honorable Mayor and held to prohibit the erection of a City Council, Dubuque, Iowa: one-family dwelling upon a lot, Gentlemen-The Planning and Zon- the area of which is less than ing Commission wishes to recommend that prescribed as the minimum to your honorable body the rezoning of lot area per family provided such the area bounded by the center line of lot was held under separate own- hi f h d l d 3rd Street on the south; center line of 6th Street on the th th li ers p rom t e a jacent ots, an a recorded plat of lots or subdi- nor ; e center ne of Locust Street on the east; and the vision of property shows such center line of Bluff Street on the west lot to be separate and distinct, from T~vo Family to Multiple Resi- at the time of the passage of dente classification. this ordinance. Adjacent lots Respectfully submitted, held by the same owner at time DUBUQU$ PLANNING AND of passage of this ordinance shall ZONING COMMISSION, be replatted to provide the re- By R. V. McKAY, Secy. quired lot area per family before any building is erected or placed Councilman Thompson moved that thereon the recommendation of the Planning . (4) Amend Paragraph e, Section 3, and Zoning Commission be approved and the City Solicitor be instructed to Article VII., to read as follows: (e) I,ot Area Per Family. No prepare the pro er P proceedings. Sec- dwelling shall be erected or onded by Councilman tiVharton. Car- ried by the following vote: Yeas - placed on a lot containing less than the following minimum lot Mayor Van Duelman, Councilmen areas per family: Murphy, Schueller, Thompson, Whar- One family dwelling - five ton. Nays-None. Councilman Schueller moved that the thousand (5000) square feet. Two family dwelling -one City purchase an American I,a France thousand two hundred and fifty Triple Combination Pumping Rngine. Seconded by Mayor Van Duelman (1250) square feet per family, Row house-one thousand two . Motion lost by the following vote: hundred and fifty (1250) square Teas-Mayor Van Duelman Council- man Schueller. Nays-Councilmen feet per family, Apartment or tenement house Murphy, Wharton. Councilman Thompson not voting -six hundred (600) square feet per family . There being no further business, . nothing in the area regulations Councilman Murphy moved to adjourn. Seconded by Councilman Schueller of this ordinance relating to lot . Carried by the following vote: Yeas- area per family shall be held to prohibit the erection of a one- Mayor Van Duelman, Councilmen family dwelling upon a lot, the Murphy, Schueller, Thompson, Whar- ton. Nays-None area of which is less than that . J• J• SHWA prescribed as the minimum lot area per family, provided such , City Clerk. lot was held under saparate own- ership from the adjacent lots, and Approved _______________________1941 a recorded plat of lots or subdi- vision of property shows such Adopted ________________________1941. lot to be separate and distinct at the time of the passage of this ~ ordinance. Adjacent lots held by I _______________________ the same owner at time of pass- age of this ordinance shall be re- i_______________________ platted to provide the required Councilmen: lot area per family before any ------°________________ building is erected or placed thereon. ------ "-- Respectfully yours, DUBUQUR PLANNING AND ZONING COMMISSION, Attest: ______________________________ By R. V. McKAY, Sel'y. City Clerk. 26~