Loading...
1940 July Council Proceedings1~~4 __ _ . Regular Session, ]uly 1st, 1940. 145 City Council (Official) Regular Session, July 1st, 1940. Council met at 8:00 P, M. Present-Mayor Thompson, Council- men Murphy, Schueller, Van Duelman, Wharton, City Manager Rhomberg. Mayor Thompson 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. Resolution No• 49-40 . Resolution and application for au- thority to levy an emergency tax for the City of Dubuque. Whereas, The City Council of the City of Dubuque has made a compila- tion of the expetrses which will be in- curred during the fiscal year beginning Apri] 1, 1941, and ending March 31, 1942, including the payment of princi- pal and interest upon outstanding in- debtedness, and tax levies for the vari- ous funds and purposes have been de- termined; and Whereas, A serious effort has been made to keep operating costs as low as is consistent with good government; and 1Vhereas, In the past bonds have been issued in anticipation of some of the taxes embraced in the consolidated tax levy and the revenues derived from such taxes are pledged to the payment of such bonds, as to principal and in- terest• and Whereas, Payments of $52,000,00 in principal, and of $13,363.75 in interest are to be made during the fiscal year beginning April I, 1941, and ending March 31, 1942, from the funds embrac- ed in the consolidated tax levy; and Whereas, the inadequacy of the rev- enues for ordinary purposes remaining after the payment of such principal and interest consttutes an emergency which requires the levy of an emergency tax and this Council considers the levy of an emergency tax of one (1) mill to be absolutely necessary; Now, Therefore, Be It Resolved By the City Council of the City of Du- buque, that the State Comptroller be and he is hereby requested to author- ize and approve the levy of an emer- gency tax in the year 1940 to be ap- proximately $33,914,00, the same to be used in supplementing the funds re- quired for•debt service and in the man- ner provided by law. The foregoing resolution was adopt- ed at a special meeting of the City Council of the City of Duhuque on the 28th day of June, 1940. F, W. THOMPSON, Mayor, FRANK VAN DUEI.MAN, ALBERT WHARTON, B, A. SCHUEI,I,ER, GEO. R. MURPHY, Councilmen. Attest: J. J, SH$A, City Clerk. Received, June 29, 1940, State Comp- troller, The levy of not exceeding one (1) mill emergency tax for 1940 collection is approved this 29th day of June, 1940, providing said levy together with all other city levies does not exceed the total of 20 mills. C, FRED PORTER, State Comptroller. Councilman Van Duelman moved that the approval of State Comptroller, C, Fred Porter, be received and made a matter of record, Seconded by Coun- cilman Wharton. Carried by the fol- lowing vote: Yeas: Mayor Thomp- son, Councilmen Murphy, Schueller, Van Duelman, Wharton, Nays: None, Communication of Thomas I,. Flynn submitting an offer in the amount of $150:00 for the purchase of I,ot 1 of 9 of Union Addition owned by the City of Dubuque, presented and read. Coun- cilman Wharton moved that the com- munication be referred to the City Council to view the grounds. Second- ed by Councilman Van Duelman. Car- ried by the following vote: Yeas- Mayor Thompson, Councilmen Mur- phy, Schueller, Van Duelman, Whar- ton, Nays-None. Petition of Roy Schwaegler et al re- questing the installation of a street light at the intersection of Algona Street and West Third Street, presented and read. Councilman Van Duelman moved that the petition be referred to the City Council to view the grounds. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays,-None. 146 Regular Session 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 Van Duelman. Carried by the following vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Petition of St. Mary's Orphan Home requesting fire protection for their property located outside the limits of the City of Dubuque, said petition be- ing made subject to acceptance by the petitioner of the terms and conditions which may be prescribed ,by the City Council, presented and read. Rever- end R, P. Duggan addressed the Coun- cil requesting that the petition of St. Mary's Orphan Home be granted and that the City Council prescribe reason- able terms and conditions in order that St, B4ary's Orphan Home be given fire protection as requested in their peti- tion. Councilman Van Duelman mov- ed that the petition be referred to the City Council. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Thompson, Coun- cilmen Murphy, Schueller, Van Duel- man, 1ATharton, Nays-None, Petition of Sisters of the Good Shep- herd requesting fire protection for their property located outside the limits of the City of Dubuque, said petition be- ing made subject to acceptance by the petitioner of the terms and conditions which may be prescribed by the City Council, presented and read. Attorney )•. H. Willging addressed the Council requesting that the petition of the Sis- ters of the Goad Shepherd be granted and that the Cily Council prescribe reasonable terms and conditions in or- der that the Sisters of the Good Shep- herd be given fire protection as re- quested in their petition. Councilman Van Duelman moved that the petition be referred to the City Council, Sec- onded by Councilman Wharton. Car- ried by the following vote: Yeas- Mayor Thompson, Councilmen Mur- phy, Schueller, Van Duelman, Whar- ton. Nays-None. Resolution No. 55-40 Whereas, Application for Beer Per- mit has been submitted to this Coun- cil for approval and the same has been examined; Now, Therefore, Be It Resolved By the Council of the City of Dubuque that the following application be and the same is hereby approved and it is ordered that the premises to be occupied by such appli- cant shall be forthwith inspected. July 1st, 1940. Class "B" Permit John Peed, $09 Eighth Avenue. Passed, adopted and approved this 1st day of July, 1940. , F. W. THOMPSON, Mayor: FRANK VAN DUEI.MAN, ALBERT WHARTON, B. A. SCHUEI.LER, GEO, R, MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Murphy, Car- ried by the following vote:. Yeas- Mayor Thompson, Councilmen Mur- phy, Schueller, Van Duelman, Whar- ton. Nays-None. Resolution No, 56-40 Whereas, Heretofore application was filed by the within named .applicant for Class "B" Beer Permit and has re- ceived the approval of this Council; and Whereas, The premises to be occu- pied by him have been inspected and found to comply with the ordinances of this City and he has 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 person a Beer Permit. Class "B" Permit John Peed, $09 Eighth Avenue. Be It Further Resolved That the bond filed by such applicant be and the same is hereby approved. Passed, adopted and approved this 1st day of July, 1940. F. W. THOMPSON, Mayor. FRANK VAN DUEIaMAN, AI,B)~RT WHARTON, B. A. SCHUEI,I,ER, GEO. R. MURPHY., Councilineu. Attest: J. J. SHEA, City Clerk. Councilman Murphy moved the adop- tion of the resolution. Seconded by Cotncilman Wharton. Carried by the followin vote: Yeas-Dlayor Thomp- son, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Resolution No, 57-40 Whereas, Heretofore applications were filed by the within named appli- cants for Class "B" $eer Permits and Regular Session, July 1st, 1940. 147 they have received the approval of this Council; and Whereas, The premises to be occu- pied by them have been inspected and found to comply with the ordinances of this City and they have filed a prop- er 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 persons a Beer Permit, Class "B" Permit I,eo A. Schwind Post No. $08 Vet- erans of Foreign Wars, Inc., 243 West 10th Street. Be It Further Resolved that the bonds'filed;by such applicants be and the same are hereby approved. Passed, adopted and approved this 1st day of July, 1940. F. W. THOMPSON; Mayor. FRANK VAN DUEI,MAN, B. A. SCHUEI,I,ER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Murphy moved the adop- tion of the resolution, Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Thomp- son, Councilmen Murphy, Schueller, Van Duelman. Nays-Councilman Wharton. There being no further business Councilman Murphy moved to ad- journ. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Thompson, Coun- cilmen Murphy, Schueller, Van Duel- man, Wharton. Nays-None, J. J. SHEA, City Clerk, Approved ______________________1940, Adopted ________________________1940. 1----------------------- ---------------------- Cauncilmen: ~_______________________ Attest: ---------------------------- City Clerk. I''j~' ', ji 'r, '.6 ~~•. b ~c `' s ~~~~ ~:'u ',I' i I,i, ~i li!~'~I~ 148 Session, July 1st, 1940. Board of Health (Official) Special Session, July 1st, 1940. Board met at 8:15 P. M. Present-Chairman F. W. Thomp- son, Messrs. Geo. R. Murphy, B. A, Schueller, Frank Van Duelman, Albert Wharton. Communication of Dubuque Trades and Labor Congress advising Council that it has been called to their atten- tion that the Rack Wool Factory is throwing off gas and fine dust injuring the health and welfare of the people in that vicinity and stating that the people in that vicinity wi(1 greatly appreciate it if something could bs done to alleviate this condition, presented and read. bir. Geo. R, Murphy mov- ed that the communication be received and made a matter of record. Second- ed by Mr, B. A. Schueller. Carried by the following vote: Yeas-Chairman F. tiV. Thompson, Messrs. Geo. R. Murphy, B. A. Schueller, Frank Van Duelman, A16ert Wharton. Nays- None. Special Order and Notice From Board of Health To Mrs. Minnie Foley, You are hereby notified that on the 1st day of July, 1940, the Local Board of Health far the City of Dubuque adopted a resolution ordering yott to abandon and remove the outside water closet, privy or privy vault located up- on the premises described therein and to clean the same; also to connect said premises with the sanitary sewer and install sanitary toilet and toilet facil- ities and connect the same with said sewer, all of which to be done within thirty (30 days from the dote of said resolution, a copy of which is herein set out and is as follows: Resolution of the Board of Health Resolution No. 58-40 Be It Resolved By the Board of Health of the City of Dubuque, Iowa. that it is deemed necessary that Lot Number 81 Cooks Add. owned by Mrs. Illinnie Foley, be connected with sani- tary sewer; that the outside water clos- et, privy or privy vault upon said prem- ises be abandoned and removed and said vault cleaned attd that a sanitary toilet and toilet facilities be installed and connections made with the sani- tary sewer. Be It Further Resolved, That said Mrs, Minnie Foley be notified to re- move and abandon the outside water closet, privy or privy vault located up- on the premises above described and to clean said vault; that said property be connected with the sanitary sewer attd that sanitary toilet and toilet fa- cilities be installed and connections made with said sewer, all of which to be done within thirty (30) days from the date thereof. Be It Further Resolved That said Mrs. Minnie Foley be notified of the action of this Board by the service of a written notice together with a copy of this resolution. Failure to comply with the terms hereof within the time stated shall be followed by prosecution or such other action as the Council or Board of Health may determine. Dated this 1st day of July, 1940. L. W. THOMPSON, Mayor. Attest: J. J. SH1•A, City Clerk, You are further notified that prose- cution will follow a failure to comply with this order and notice, or such fur- ther action will 'be taken as to the Council or Board of Health tnay seem proper, Signed ALB>~RT J. I;NTRING$R, IvI. D., Health Officer. Mr. Frank Van Duelman moved the adopfiou of the resolution. Seconded by Mr. Geo. R. Morph}~. Carried by the following vote: Yeas-Chairman F. W. Thompson, Messrs. Geo., R. Murphy, B. A. Schueller, Frank Van Duelman, Albert Wharton. Nays- None. Chairman F. W. Thompson stated that the meeting was now open for discussion on the matter of the verbal complaints referred to the Board of Health at the Council meeting of June 28th, 1940, at which meeting charges were made that the gases from the General Insulating and Manufacturing Company Roclc Wool Plant are injur- ious to the health of the people in that neighborhood and also are killing vege- tation. 11Irs. Joseph Haupert, Mrs. F. C. Schublin, and Mrs. Maud L• Sim- mons addressed the Board of Health renewing the complaints made to the City Council at the meeting of June 28th, 1940, and charging that the gases from the General Insulating and Man- ufacturing Company Rock 4Voo1 Plant are interfering with their health attd the health of their children and that on account of the gases they are unable to sleep and that it is necessary for them to keep the windows and doors of their homes closed to keep out,the gases and also that the gases are killing flower and vegetable gardens and other Special Session, vegetation, Mr. P. J. Heuser, Indus- trial Hygiene l;ngineer, State Depart- ment of Health, submitted a report on the nature of the gases expelled from the Rock Wool Plant and their effects on humans and vegetation and stated that at the times whets they were at the Rock Wool Plant that they were unable to take samples in the vicinity of the neighborhood where the com- plaintants reside as the wind was blow- ing in the opposite direction and sug- gested that some arrangement be made whereby samples could be taken at the time when the gases are present in the neighborhood of the complainants, Dr. Wayne A. Johnston, President of the Chamber of Commerce, suggested a committee of three be selected from the residents of the neighborhood .to serve as a committee to work in coop- eration with a committee of three from the Chamber of Commerce, and with City and State Health authorities, and that this group seek the services of Professor G. W. Heitkamp, chemistry instructor at Loras College, and Pro- fessor W. B. Zuker, chemistry instruc- for at the University of Dubuque, to aid in the study of the problem. Coun- cilman Wharton asked whether, if the committee found a solution, would the Rock Wool Company cooperate. Titus Schmid, a past president of the Cham- ber of Commerce, stated that he had received a telegram from the general officers of the company to the affect that they would do anything possible to eliminate the trouble. Councilman Schueller then asked how long a time would be required to make any changes to eliminate the trouble. S. M. Fisher, manager of the Rock Wool Plant, re- plied that the changes could be made before the end of the Summer. Mr. Fisher also stated that the company is now experimenting in one of its east- ern plants with a new apparatus, which is expected to eliminate the gas prob- lem and that if this proves successful in its eastern plant, a similar apparatus will be installed in all of the company's plants. The committee representing the residents of the neighborhood is composed. of Mrs. Joseph Haupert, Mrs. Frank Schublin, and Mrs, Theo- dore Scharle and the members of the Chamber of Commerce committee are Herbert Hauptli, Titus Schmid and Dr, Wayne Johnston. There being no further business Mr. Frank Van Duelman moved that the Board of Health adjourn, Seconded by Mr. B. A. Schueller. Carried by the following vote: Yeas-Chairman F. W. Thompson, Messrs. Geo, R. Murphy, B, ,A. Schueller, Frank Van Duelman, Albert Wharton. Nays-- None, J. J. SxI;A, Clerk, Board of Health. 1st, 194t). 149 Approved ----------------------1940. Adopted ________________________1940, Members of Board of ----------------------- Health ----------------------- Attest: ------------------------------ Clerk, Board of Health, iV,', L, r Ilf 150 Special Session, July 15th, 1940. stated that service thereof had been C I t y C O u 11 C I I duly made and that this meeting is called for the purpose of approving the budget estimate of expenditures for the (Official) fiscal year beginning April 1, 1941, and Special Session, July 15th, 1940. ending March 31, 1942, as a basis for Council met at 9:OS P. M. the tax levy for the year 1940, the same Present-Mayor Thompson, Council- to he collected in the year 1941, and di- men Murphy, Schueller, Van Duelman, recting the City Clerk to publish a no- Wharton, City Manager Rhomberg. tice of the date of public hearing upon Meeting called by order of Council- the same and acting on any other busi- men Murphy and Schueller. uess as may properly come before a Mayor Thompson read the call and regular meeting of the City Council. BUDGET ESTIMATE AND RECORD OF FILING CITY ESTIMATE NOTIC);-The City Council of City of Dubuque of Dubuque County, Iowa, twill meet August 9th, 1940, at 7:30 p. m, at the Council Chamber m the City Hall. Taxpayers will be heard for or against the following estimate' of expenditures at that time. J~ J~ SHWA, 7-17-1t City Clerk. 1 2 3 4 S 6 7 b y N ,d~~ 4' 0 ~ "' ro ub mC C v ,~~ ~ ~ro'~ ~ ~ ~w ie ~u w m vb« m d m vF'o "~ ' va i ro ay ~ ~y~ 7 ~' u ctl ctl ~h ~ ~ apa xi ; ~w G •A 0 v m m~+'N 0C OFQ (~ Fv0? 0 k M N kOM w ~ ~ww~ , ~x~~ ~ woo w °oH , ~zH~ O w~°' ww°' General ____ _$236,200 $ 25,305 $ ---__ $ 66,500) $ ______ $ 237,338 $226,216 Improvement 15,000 3,446 _____ ______) ______ 11,183 S,S84 Grading ____ _ 10,000 3,019 _____ ______) 237,500 7,330 4,676 Server ______ _ 3,000 1,197 _____ ______) ______ 1,918 846 bight ______ _ 39,300 7,361 _____ ______) ______ 39,371 45,510 66,500 237,500 297,140 282,832 2,510 _____ ______ 12,548 19,866 -1,595 13,576 ,____ ______ 114,120 112,235 103,919 11,681 3,527 1,700 17,601 18,789 17,663 4,679 _____ ______ 16,719 12,840 35,85$ 2,204 __ 2,500 28,384 27,981 28,SOS 14,197 10,000 150,45D _ 327,279 143,547 1,128 1,500 7S0 21,196 21,497 22,930 7,935 2,467 1,150 11,531 11,735 10,776 27,572 _____ ______ 63,080 55,000 95,000 _____ ______ 22,553 26,358 47,512 3,799 _____ ______ 33,914 30,SSS 13,625 11,661 1,980 ______ 36,695 36,219 27,425 2,765 _____ ______ 15,770 1S,Z74 11,739 3,306 _____ 2,000 16,957 19,910 15,283 2,490 _____ 3,075 12,718 15,223 12,923 Removal __ 6,138 201 _____ ______ 6,138 S,S97 Consolidated Tax ______ 304,000 Fire $quipmeut _ 12,548 Fire Main- tenance ___ 114,120 Firemen's Pension ___ 22,828 Garbage Dis- posal & Street Cleaning __ 16,719 Library __ __ 30,884 Waterworks _ 160,450 Park ________ 23,446 Policemen's Pension ___ 15,148 Bond ________ 63,080) Bond Interest 22,553) hmergeucy __ 33,914 Dock Bond & Interest ___ 38,675 Main Sewer _ IS,770 Dock Oper.__ 18,957 Playground & Swim Pool_ 15,793 Snow Totals _____$915,023 $150,032 $19,474$228,125 $667,424 $1,053,498 $871,429 Intimated Taxes per $1,000.00 of assessed value, $19,675. Adjusted Taxable Valuation (1939)_____________________________$ 33,913,753 Moneys and Credits (1939) at 6 mills____________________________ 8,270,764 Money and Credits (1939) at 2 mills____________________________ 176,769 Special Session, Resolution No, 59.40 Whereas, The Council of the City of Dubuque has duly considered and caused to be prepared the budget esti- mate of expenditures for the fiscal year beginning Aprit 1, 1941, and ending March 31, 1942, as a basis for the tax levy for the year 1940, the same to be collected in the year 1941, and said bud- get having been duly approved by it; Now, Therefore, Be It Resolved By the City Council of the City of Dubuque that said bud- get estimate be and the same is hereby ordered filed in the office of the Clerk of Dubuque and the date of public hear- ing thereon is hereby fixed as the 9th day of August,' 1940, at 7:30 o'clock P. M. in the Council Chamber in the City Hall. Be It Further Resolved, That said Clerk be and he is hereby directed to cause said budget estimate of expendi- tures and proposed tax levy to be pub- lished in the official newspaper of the City of Dubuque and an official notice to be given of the time and place, when and where said budget estimate will be considered by said Council for final adoption, at which time and place tax payers will be heard for and against said estimate, said pubticatimi to be not less than ten (10) days before said date of hearing. Be It Further Resolved, That in lieu of all of the separate annual levies for the General Fund, the Grading Fund; the Improvement Fund, the Sewer Fund and the lalectric bight and Pow- er Fund, there shall be levied one (1) tax which shall be designated as the "Consolidated Tax bevy." Passed, Adopted and Approved this 1Sth day of July, 1940. F. W. THOMPSON, Mayor. FRANK VAN DiJ1aI,MAN, AI,B$RT 1VHARTON, B. A. SCHU>LLER, G1;0. R. MURPHY, Councilmen. Attest: J, J. SH$A, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Wharton. Carried by ~ the following vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Notice of Appeal of Dubuque Fire and Marine Insurance Company from the action of the Board of Review in raising the assessment of said corpora- 15th, 1940. 151 tion upon monies and credits from nothing to $458,146.98 presented and read, Councilman Murphy moved that the Notice of Appeal be referred to the City Solicitor. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Notice of Appeal of S. M. Lewis from the action of the Board of Re- view in failing to reduce the valuation as requested on Lot 2 of the Sub. of City Lot 6S1 and I,ot 2 of the Sub. of City Lot 6S2 presented and read. Councilman Van Duelman moved that the Notice of Appeal be referred to the City Solicitor, Seconded by Coun- cilman Wharton, Carried by the fol- lowing vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Notice of Appeal of John A. Loet- scher from the artion of the Board of Review in failing to reduce the valua- tioh as requested on I,ot 1 of 5; Lot 1 of 6; both in the Sub-division of hots 1, 2 and 3 in Julia Langworthy's Addition presented and read. Council- man Van Duelman moved that the No- tice of Appeal be referred to the City Solicitor. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Thompson, Coun- cilmen Murphy, Schueller, Van Duel- man, Wharton. Nays-None. Notice of Appeal of Franc K. Altman from the action of the Board of Re- view in failing to reduce the valuation as requested on the North 67 feet of West / of City Lot 746 presented and read. Councilman Van Duelman moved that the Notice of Appeal be referred to the City Solicitor. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Thomp- son, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Communication of Postal Telegraph- Cable Company advising that they maintain a pole line along $ast Seventh Street and Commercial Street and re- questing that they be notified in ad- vance of any hearing involving the closing of either or both of these streets so that they can be heard to. properly protect their interests present- ed and read. Councilman Murphy moved that the communication be re- ferred to the City •Manager to notify the Postal Telegraph-Cable Company if, and when, any action is to be taken in the closing of said streets. Second- ed, by Councilman Van Duelman, Car- ried by the following vote: Yeas - Mayor Thompson, Councilmen Mur- phy, Schueller, Van Duelman, Whar- ton. Nays-None. 152 Session, July 15th, 1940. Communication of Zumhof Insur- ance Agency requesting cancellation of the cigarette bond of Payson Berg, as he disposed of his business at 1804 Central Avenue, presented and read, Councilman Schueller moved that the request be granted, Seconded by Councilman Murphy, Carried by the following vote: Yeas-Mayor Thomp- son, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Petition of Floris J. Gulick, referred to the City Council by the Board of Supervisors, requesting suspension of the last half of the 1939 taxes on I,ot 2 of B of 10 of Min. Lot 322, presented and read. Councilman Van Duelman moved that the petition be referred to the City Solicitor for investigation and report, Seconded by Councilman Mur- phy. Carried by the following vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None, Proof of publication, certified to by the publishers, of a statement of re- ceipts and also a list of claims for which warrants mere drawn during the month of May, 1940, presented and read. Councilman Van Duelman mov- ed that the proof of publication be re- ceived and filed. Seconded by Coun- cilman Schueller. Carried by the fol• lowing vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None, July 15, 1940 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the session of the City Council held June 28th, 1940 the petition of James A, Conlon requesting a refund of penalties and extra interest paid on the redemption of Lot 47, 48, 49 and SO of Quigley's Subdivision was refer- red to the City Manager and City Treasurer far investigatton and report, We have searched the records and find that the delinquent assessments against the property were paid on June 10th, 1940, as follows: Fund 903 Special Tax_________$142.80 Interest to date of sale January 2, 1939 ____________________ 59,97 4 per cent Penalty _____________ 8.10 6 per cent Interest from date of sale to June 10, 1940_________ 1821 $229.08 We recommend that the 4 per cent penalty and the excess interest totalling $26.31 be refunded and that a marrant in the sum of $26,31 be ordered drawn on the Improvement Fund in favor of James A. Conlon. Respectfully submitted, A. A. RHOMBERG, City Manager. OTTO PULS City Treasurer, Councilman Murphy moved that the recommendation of City Manager Rhomberg and City Treasurer Puls be approved and that the City Auditor be instructed to draw a warrant in the amount of $26.31 on the Improvement , Fund in favor of James A. Conlon to cover the amount of refund granted. Seconded by Councilman Schueller, Carried by the following vote: Yeas- Mayor Thompson, Councilmen Mur- phy, Schueller, Van Duelman, Whar- ton. Nays-None. July ll, 1940 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Herewith submitted is the agreement between the Interstate Power Company (Delaware) and the City of Dubuque, Iowa, on the value for -rate making purposes of the Dubuque Steam Gen- erating Plant and the Dubuque Elec- trical Distribution System as they ex- isted on October 1, 1938, plus net ad- ditions to December 31, 1938. This property is all situated within the cor- porate limits of the City of Dubuque, Iowa, and is used in part, or in its en- tirety for serving the city and its in- habitants with electricity for light and power purposes. I recommend that the City Council accept this agreement and order it filed in the official records. The agreed val- ues therein contained will serve as a starting point to which net additions since December 31, 1938 may be added or {torn which retirements since De- cember 31, 1938 may be deducted, thus affording a ready means of arriving at values for rate making purposes at any time. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Van Duelman moved that the recommendation of City Man- ager Rhomberg be approved and that the agreement be ordered printed iu the official Council records., Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Special Session, July 15th, 1940. AGREEMENT May 4, 1940 i Interstate Power Company (Delaware) Mr. B, F, Pickard, President, 1000 Main Street, Dubuque, Iowa, Dear Sirs: As a result of conference extend- ing over a period of many months, it is our understanding that our en- gineers, Canavan & bang, have fin- ally reached an agreement with your engineering representative, Mr, Jay Samuel Hartt, as to the value for rate making purposes of your Dubuque Steam Generating Plant and Dubuque Distribution System as they existed 153 on October, 1, 1938 plus net additions to December 31, 1938. This property is all situated within the corporate limits of the City of Dubuque, Iowa, and is used in part, or in its entirety for serving the City and its inhabitants with electricity for light and power purposes. It is understood that the company agrees to file with the City a statement of its net additions to the property list- ed below far each calendar year by fixed capital accounts and in sufficient de- tail so retirements can be checked against gross additions. Such statement to be filed ou or before May 1st follow- ing the calendar year reported upon. These agreed values are as herein- after stated; DUBUQUE STEAM GENERATING PLANT !'l~ dI ,L,!;'j',! (Without allocation of use to Dubuq ue) ' ~ i As Agreed o n 11-16-39 i ~ Reproduction Cost as of 10-1-38 ~'~ i~'~' ', New % D epreciated ` ~~II' 310 Land & band Rights ____________$ 96,192 100 $ 96,192 „ , ~~~i! ~ 311 Structures & Improvements ______ 486,576 80 389,261 i' i 312 Boiler Plant Equtpment _________ 846,736 71 601,069 i ' 314 Turbo-Generator Units __________ 1,391,513 70 974,OS9 ~ , ~ 315 Accessory Electric Equipment ____ 163,026 80 130;421 316 Nliscl. Power Plant Equipment ____ 42,556 73 31,111 ~~i;; 352 Station Equipment _______________ 198,698 76 151,010 $3,225,297 73.58 2,373123 $ ' ~~, Indirect Costs ___________________ 483,794 3SS,968 !?,~,' Total Direct & Indirect Costs_______$3,709,091 73.58 $2,729,091 ' ;,!~i~ Going Concern Value ____________ 370,909 370,909 ' ~' 'd'il Total Generating Plant __________$4,030,000 76 $3,100,000 ly,{!~ DISTRIBUTION SYSTEM ,I~ ! IV DISTRIBUTION PLANT (Used by Dubuque) II ,' ~,{!~ ~ As Agreed on 1-11-40 ' 'a1 Reproduction Cost as of 10-1-38 ~;~ 3S4 New P l T o De rectated p ' ~` ~ I ~~ es, o owers & Fixtures _ : _____ 191,804 71 136,181 $ , 35S Overhead Conductors & Devtces __ 120,064 80 96,OS1 I a~ , ~~ ~ 356 Underground Conduits ___________ 11,332 89 10,103 ''~' ' ~:: 3S7 Underground Conductors & Devices 20,330 80 16,264 ~~~1~~,~:~ 3S8 Line Transformers _______________ 142,894 70 100,026 ~~~~~"j J 359 360 Services _________________________ 69,322 M ter 156 309 67 68 46,446 106 29Q ~; h"~~~ I : 361 e s _______ _________________ , I t ll i o C ' P i , - ; ;; I~,r~ l ns ons n ustomers a at rem ses 12,331 90 11,098 ~!ida ~' 363 Street Lighting & Signal Systems__ 108,816 7S 81,612 ~~}'i !, ' Total Direct Costs ______________$ 833,202 72.5 $ 604,071 ~~;`` Indirect Costs ___________________ 124,980 90,611 -5~t 'a,;i+N, Total Direct & Indirect Costs ____$ 958,182 72.5 $ 694,682 ~'~'h~,jl ~ Going Concern Value ____________ 95,818 95,818 G ~,~ ~~,,_ ~ Total Distribution System ________$1,OS4,000 7S $ 790,500 ~ ~~ r~ ;,' ,1'% 154 Special Session, July 15th, 1940. ~ Special Session, July 15th, 1940. 155 V GENERAL PLANT (Portion allocat- ed to City of Dubuque on basis of use) 370 band & band Rights ___________-$ 18,060 100 $ 18,060 371 Structures & Improvements ______ 79,906 72.5 57,935 372 Office Furniture & Equipment ____ 11,730 75 8,798 373 Transportation Equipment _______ 14,875 50 7,438 376 Laboratory $quipment ________-- 3,222 80 2,578 377 Tools & Work $quipment, _______ 2,156 75 1,617 Total General Plant ______________$ 129,949 74.2 $ 96,426 Transformers in Stock ____________$ 13,002 70 $ 9,101 Total Direct Costs _______________$ 142,951 73.8 $ 105,527 Indirect Costs ____________________ 21,443 15,829 Total Direct & Indirect Costs ____$ 164,394 73.8 $ 121,356 , Going Concern ValuC ____________ 16,439 16,439 Total General Plant ______________$ 180,833 76.1 $ 137,795 NET PROPERTY ADDITIONS OCTOBER 1, 19 38 TO DECEMBER 31, 1938 AS PER BOOKS DUBUQUE STEAM GENERATING PLANT (Without allocation to use in Dubuque) New Depreciated 312 Boiler Plant Equipment ----------------$ 12 $ 8 DISTRIBUTION SYSTEM IV DISTRIBUTION PLANT (Used by Dubuque) 3S4 Poles, Towers & Fixtures______________$ 246 $ 227 35S Overhead Conductors & Devices ________ 1,081 1,072 3S6 Underground Conduits ________________ 1;!98 1,403 3S7 Underground Conductors & Devices ____ 1,986 1,927 358 Line Transformers ____________________ 13,163 13,126 359 Services ------------------------------- 24S 24S 360 Meters -------------------------------- 2,167 2,167 363 Street Lighting & Signal Systems ______ 107 107 V GENERAL PLANT (Portion allocated to City of Dubuque on basis of use) 372 Office Furniture & Equipment ________$ 43 $ 43 373 Transportation Equipment _____________ 17 17 377 Tools & Work Equipment ______________ 32 32 Total Net Additions ___________________$ 20,081 $ 19,904 Total Distribution System and General Plant -------------------------------$1,254,914 $ 948,199 For the purpose of record we are submitting these agreed fig- ures to you for cmtfirmation, with a request that you sign one copy of this communication and return same to us promptly so that it will con- stitute an agreement between the Interstate Power Company (Dela- ware), and the City of Dubuque, Iowa. Yours very truly, CITY OF DUBUQUE By A. A. RHONIBERG, City Manager. Interstate Power Company (Deleware) hereby agrees and accepts the above values of the above described property for rate making purposes as of December 31, 1938, all of which property is situated within the cor- porate limits of the City of Dubuque, Iowa, as now con- stituted. B, F. PICKARD, President. Dated: July 2, 1940. July 12, 1940 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I have this day, July 12th, received the attached Analysis of Revenues and Expenses attd Rate of Return of the Electric and Bus Transportation Serv ice of the Interstate Power Company for the City of Dubuque during the calendar years of 1938 and 1939. Pre- viously received were the reports that had been adjusted by projecting certain present day conditions over the prC- vious periods. I recommend that the matter be re- ferred to the Council for further con- sideration and that copies of the re- port be forwarded to our consultants, Canavan and Lang, for analysis and report. Respectfully submitted, A. A. RHOMBERG, 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 Thomp- son, Councilmen Murphy, Schueller, Van Dueman, Wharton. Nays-None, July 10, 1940. To the Honorable Mayor and City Council Dubuque, Iowa. Gentlemen: I herewith submit the reports of the City Auditor, City Treasurer, City Health Department and the City Wa- ter Department for the month of June; 1940, also a list of claims and list of payrolls for which warrants were drawn during the month of June, 1940. Respectfully submitted, A, A, RHOMBERG, City Manager. Councilman Van Duelman moved that the reports be received and placed on file. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Thompson, Coun- cilmen Murphy, Schueller, Van Duel- man, Wharton. Nays-None. July 1S, 1940. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have approv- ed the following bonds and desire to have your approval on same for filing. Personal George Bennett, Bond No. 1795335. City Assessor, London & Lanca- shire Indemnity Co. of America. Excavation Linehan & Molo, 13S West Fifth Street, Bond No. 28214-12-583-38, United States Fidelity & Guaranty Company, Respectfully submitted, , A, A. RHOMBERG, City Manager, Councilman Van Duelman moved that the bonds be approved and placed on file, Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Thompson, Coun- cilmen Murphy, Schuetler, Van Duel- man, Wharton, Nays-None. July 1~, 1940, To The Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: At the session of the City Council held June 28th, 1940, the petitions. of Louis A. Heine and of Louis A. Heine et a] for the paving of the alley -be- tween Auburn and Atlantic Streets . from West 14th Street to Fillmore Street together with the remonstrances of Wm. B. Pleege and F. P. Fuhrmann were referred to the Council to view the grounds. On July 5th the Council viewed the alley and interviewed the owners of abutting property. The decision of the Coupcil was that there was not suffi- cient justification to force the issue in the face of opposition. I recommend that the action of the Council be con- firmed and that the petitions and re- monstrances be received and filed. Respectfully submitted, A. A. RHOMBERG, City Manager, Councilman Wharton moved that the decision of the Council be confirmed. Seconded by Councilman Schueller, Carried by the following vote: Yeas- Mayor Thompson, Councilmen Mur- phy, Schueller, Van Duelman, Whar- ton. Nays-None. July 1S, 1940. To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: At the session of the City Council held June 28th, 1940 the petition of John W. Gotto et al requesting the repair and oiling of Stoltz Street was 156 Special Session, July 15th, 1940. referred to the Council to view the grounds. On July Sth the Council viewed the street and decided that repairs be made on the portion of Stoltz Street now im- proved with curb and gutter and that an arragement be made for the cost of oiling, I recommend that the de- cision of the Council be confirmed. Respectfully submitted, A. A. RHOMBI•RG, City Manager, Councilman Schueller moved that the decision of the Council be confirm- ed. Seconded by Councilman Mur- phy. Carried by the following vote: Yeas-Mayor Thompson, Counctlmen Murphy, Schueller, Van Duelman, \Vharton. Nays-None. July 15, 1940. To the Honorable Mayor and City Council, Dubuque, Iovva. Gentlemen: At the session of the City Council held ~ June 3rd, the petitiat of Arthur J. Richard et al requesting that Daven- port Street between Stotlz ahd Na- tional Streets and National Street be- tween Davenport and Muscatine Streets be brought to proper grade was refer- red to the Council to view the grounds, Ou July Sth the Council viewed the streets and decided that 1Vorks Prog- ress Administration assistance be sought in the matter. I recommend that the action of the Council be confirmed. Respectfully submitted, A. A. RHOMB$RG, City Manager. Councilman Murphy moved that the decision of the Council be confirmed. Secatded by Councilman Wharton. Carried by the following vote: Yeas- Mayor Thompson, Councilmen Mur- phy, Schueller, Van Duelman, Whar- ton. Nays-None. July 11, 1840. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the session of the City Council held June 28th, 1940 the petition of the Jacobson Iron and Metal Company requesting permission to construct, maintain and operate an industry track over and along the alley between lalm and Pine Street sand between $leventh and Twelfth Streets was referred to the Council to view the grounds. On July Sth the Council viewed the site and decided to grant the petition, or- dered the proper ordinance drawn and printed at the petitioner's expense. - I recommend that the action of the Council of July S, 1940, be confirmed. Respectfully submitted, A. A. RH011IB$RG, City Manager. Councilman Wharton moved that the decision of the Council he confirmed and the City Solicitor to be instructed to prepare the proper ordinance, the cost of publication of said ordinance to be borne by the petitioners, Sec- onded by Councilman Van Duelman. Carried by the following vote: Yeas- Mayor Thompson, Councilmen Mur- phy, Schueller, Van Duelman, Whar- ton. Nays-None. July 11, 1940. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the session of the City Council held July 1st, 1940, the petition of Roy Schwaegler et al requesting the in- stallation of a street light at the inter- section of Algona and West Third Streets was referred to the Council to view the grounds. On July Sth the Council so viewed the site and decided to grant the petition, I recommend that the decision of the Conucil of Jul}~ Sth in authorizing the street light be confirmed. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Schueller moved that tNe decision of the Council be confirm- ed. Seconded by Councilman Murphy. Carried by the following vote: Yeas- Mayor Thompson, Councilmen Mur- phy, Schueller, Van Duelman, Whar- ton. Nays-None. July 11, 1940. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the session of the City Council held June 3rd, 1940 the petition of the Board of Library Trustees et al request- ing the vacation of that portion of the alley abutting library property between Locust and Bluff Streets and between West Tenth and West $leventh Streets ryas referred to the Planning and Zon- ing Commission for recommendation and report. The report of the Planning and Zoning Commission recommending the grouting of the petition, reserving to the city, however, the present rights of easement as to sewer and water was received at the council meeting of June 29th at which time the Council voted to view the grounds. On July Sth the Council did so view the site Special Session, July 15th, 1940. 157 and decided to approve the recommen- dation of the Planning and Zoning Commission. I recommend that-the action of the Council of July 5, 1940 be confirmed and that the City Solicitor be instruct- ed to prepare the proper proceedings for the vacation of the portion of the alley. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Murphy moved that the decision of the Council be confirmed and the City Solicitor instructed to pre- pare the proper proceedings. Seconded by Councilman Schueller. Carried by the following vote. Yeas-Mayor Thompson, Councilmen Murphy, `Schueller, Van Duelman, Wharton. Nays-None. July 11, 1940. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the session of the City Council held July 1st, 1940 the communication of Thos. L. Flynn submitting an offer of $150.00 for the purchase of Lot 1 of 9 of Union Addition was referred to the Council to view the grounds. On July 5th the Council did so view the lot and decided to accept the offer. I recommend that the decision of the Council of July 5, 1940 be con- firmed, Respectfully submitted, A. A, Rl-IOMB$RG, City Manager Councilman Murphy moved that the decision of the Council be confirmed. Seconded by Councilman Van Duel- man, Carried by the following vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Resolution No. 60-40 Be It Resolved By the City Council of the City of Dubuque, Iowa, that it is deemed advisable to sell Lot One (1) of Lot Nine (9) of Union Addition to the City of Dubuque, Iowa, to Thomas L. Flynn, for the sum of One Hundred Fifty and no/100 ($150.00) Dollars, and to execute a qutt claim deed of said premises to said grantee and deliver the same to him upon the payment of said purchase price. Be It Further Resolved That the Mayor and Clerk of said City of Du- buque, be, and they are hereby author- ized to execute said deed on behalf of the City of Dubuque, and to affix there- to the official seal, of said City. Passed, adopted and approved this 1Sth day of July, 1940, F. W. THOMPSON, Mayor, FRANK VAN DU1aLMAN, ALBERT WHARTON, G]s0. R, MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk, Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Wharton. Car- ried by the following vote: Yeas- Mayor Thompson, Councilmen Mur- phy, Schueller, Van Duelman, Whar- ton. Nays-None. July 1S, 1940, To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: With reference to the petition of R. F. Conlon Construction Co., addressed to you under date of June 28, 1940, and referred by you to the Planning and Zoning Commission on July 5; 1940, asking approval of attached plat of the proposed "Conlon Court" Sub- division, the Planning and Zoning Commission recommends the approval of said plat by your honorable body. Respectfully submitted, RICHARD V. MCKAY, Secy. Planning and Zoning Commission. Councilman Van Duelman moved that the recommendation of the Plan- ning and Zoning Commission be ap- proved and made a matter of record. Seconded by Councilman Wharton. Carried by the following vote: Yeas- Mayor Thompson, Councilmen Mur- phy, Schueller, Van Duelman, Whar- ton. Nays-None. Resolution No. 61-40 Whereas, A plat of the Subdivision of hots 47, 48, 49 and SO of Quigley's Subdivision of Mineral Lot 1S7 in the City of Dubuque, Iowa, to be here- after known as "Conlon Court," City of Dubuque, Iowa, has been submitted to the City Council of the City of Du- buque, Iowa, for approval; and Whereas, Said plat has been approv- ed by the Planning and Zoning Com- mission of said City; and Whereas, Said plat has been exam- ined by this Council and found to con- form to all requirements regarding the subdivision of lands, the dedication of "Conlon Court" for street purposes and the dedication of rights of easement for public purposes, and in all respects Ii ~. ~~, Vi" .`'i s I ~ ~ ',;> i 158 Special Session, July 15th, 1940. it is deemed advisable to approve the said plat. Therefore, Be It Resolved By the City Council of the City of Dubuque, Iowa, that the attached plat of "Con- lon Court", City of Dubuque, Iowa, be and the same is hereby approved. Be It Further Resolved That a copy of this resolution be certified to by the Mayor and Clerk and affixed to said plat. Passed, Adopted and Approved this 15th day of July, 1940. F, W. THOMPSON, Mayor. FRANK VAN DUTaI,MAN, ALBIiRT WHARTON, B. A, SCHUEI.I.$R, GI;O. R, MURPHY, Councilmen. Attest: J. J. SH>;A, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Murphy, Carried by the following vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton, Nays-None, Resolution No. 62-40 Whereas, The plat of the Subdivision of hots 47, 48, 49 and 50 of Quigley's Subdivision of Ivliueral L,ot 157 in the City of Dubuque, Iota~a, to be hereafter known as "Conlon Court," City of Du- buque, Iowa, has been approved by resolution of the City Council of the City of Dubuque, Iowa; and 'uVhereas, The street thereon shown and named "Conlon Court" is dedi- cated to the public for street purposes and the easements thereon shown and marked "casements" are dedicated for the public use. Therefore, Be It Resolved By the City Council of the City of Dubuque, Iowa, that the dedication of "Conlon Court" as a street be accepted and confirmed and that the dedication of the easements shown on plat "Conlon Court Subdivision" be accepted and confirmed as public easements. Be It Further Resolved, That a copy of this resolution be certified to by the Mayor and Clerk and affixtd to said plat. Passed, Adopted and Approved this 1Sth day of July, 1940. F. W. THONIPSON, Mayor. FRANK VAN DU1~LMAN, AI,B$RT WHARTON, B. A. SCHU$I,I.I$R, GI;O. R, l1~IURPHY, Councilmen. Attest: J. J. SH$A, City Clerk. Councilman Van Duelman moved the adoption ,of the resolution. Sec- onded by Councilman Wharton. Car- ried by the following vote: Yeas- Mayor Thompson, Councilmen Mur- phy, Schueller, Van Duelman, Whar- ton, Nays-None. Resolution No. 63-1940 Whereas, The Planning and Zoning Commission of the City of Dubuque, has recommended to the City Council that the zoning map be amended and changed in the following respects: By changing from 'two family resi- dence' to 'multiple residence' classifica- tion, I,ot One (1) of I,ot Three (3) of Mineral I,ot Three Hundred Sixty- Seven (367) in the City of Dubuque, Ioti~a. 'uVhereas, Before said zoning map may be thus amended and changed, it is necessary that a public hearing be held thereon; Now, Therefore, Be It Resolved, By the City Council of the City of Du- buque that said recommendation, be, and the same is hereby approved, and the City Clerk, be, and he is hereby directed to cause to be published in the Dubuque Telegraph-Herald, a no- tice of public hearing to be held by this Council upon the proposed changes and amendments, the date of said hear- ing being hereby fixed at 7:30 o'clock P. M., August 5th, 1940 and to be held in the Council Chamber in the City Hall, said notice to be published at least fifteen (1S) days between the date of publication thereof and the time fixed for said hearing. That at said hearing all and any parties in interest and citizens shall have au opportunity to be heard. Passed, adopted and approved this 1Sth day of Jttly, 1940. F. W. THOMP5ON, Mayor. FRANK VAN DU$LMAN, AI,BI;RT WHARTON, B. A. SCHUI;I,I,TaR, GI•O. R. MURPHY, Councilmen. Attest: J. J. SHiaf1, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Sec- onded b}~ Councilman Wharton. Car- ried by the following vote: Yeas- Mayor Thompson, Councilmen Mur- phy, Schueller, Vau Duelman, Whar- ton. Nays-None. Resolution No, 64-40. Be It Resolved, By the City Coun- cil of the City of Dubuque that the Special Session, July 15th, 1940. 159 following, having complied with the provisions of law relating to the sale of cigarettes within the City of Du- buque, be granted a permit to sell cig- arettes and cigarette papers within said City and the Manager is directed to is- sue such permit on behalf of said City. Name Address Greyhound Travel Station, Inc., N. W. Corner Third and Main streets. Be It Further Resolved, That the bond filed with the application be ap- proved. Passed, adopted and approved this 1Sth day of July, 1940. F. W. THOMPSON, Mayor. FRANK VAN DUEI,MAN,, AL,B$RT WH~ARTON, B. A. SCHU$I,I,$R, G$A, R, MURPHY, Councilmen. Attest: J. J. SHIaA, City Clerk. Councilman Van Duelman moved the adoption of the resolution, Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Thompson, Councilman Murphy, Schueller ,Van Duelman, Wharton. Nays-None. Resolution No. 65-40 Whereas, Application for Class "B" Beer Permits have been submitted to this Council for approval and the same have been examined: Now, therefore, Be It Resolved, By the Council of the City of Dubuque that the following ap- plications be and the same are hereby approved and it is ordered that the premises to be occupied by such appli- cants shall be fa~thwith inspected, Class "B" Permit Name Address Mrs. Bernice Galle, 241 Main Street. Charles S. Dugan, 390 );ast Twelfth Street. Passed, adopted and approved this 1Sth day of July, 1940. F. W. THOMPSON, Mayor, FRANK VAN DU$I,MAN, AL,B$RT WHARTON, B. A. SCHU];I,I,$R, GIaO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Resolution No. 66-40 Whereas, Heretofore applications were filed by the within named appli- cants for Class "B" Beer Permits and have received the approval of this Council; and 1Vhereas, The premises to be occu- pied by them have been inspected-and found to comply with the ordinances of this city and they have filed a proper bond: Now, therefore, Be It Resolved, By the Council of the City of Dubuquie that the Man- ager be and he is hereby directed to is- sue to the following named persons a Beer Permit. Class "B" Permit Name Address Mrs Bernice Galle, 241 Main Street, Charles S. Dugan, 390 East Twelfth Street. Be It Further Resolved, That the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 1Sth day of July, 1940. F, W. THOMPSON, Mayor. FRANK VAN DUI;I,MAN, AL,B$RT WHARTON, B, A. SCHUI;I,I,$R, G1:O. R. MURPHY, Attest: J. J, SH>aA, City Clerk, Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Wharton, Carried by the following vite: Yeas-Mayor Thomp- son, Councilman Murphy, Schueller, Van Duelman, Wharton. Nays-None. Resolution No. 67.40 Preliminary approval of plans, speci- fications, form of contract, plat and schedule and all other documents for the construction of an eight (8) inch vitrified file sanitary sewer in Concord Street from the present wet well in Concord Street and Marion Street to the cutter of Coates Street and in ' Coates Street from the center of Con- cord Street to the west curb litre of Fre- mont Avenue and in Fremont Avenue from the center of Coates Street about four hundred and seventy four feet southerly, presented and read. Council- man Murphy moved the adoption of the resolution. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Thompson, Coun- cilmen Murphy, Schueller, Van Duel- man, Wharton. Nays-None. 160 Special Session, July 15th, 1940: Resolution No. 68-40 Resolution of necessity for the con- struction of an eight (8) inch vitrified the sanitary sewer in Concord Street from the present wet well in Concord Street and Marion Street to the center of Coates Street and in Coates Street from the center of Concord Street to the west curb line of Fremont Avenue. and in Fremont Avenue from the center of Coates Street about four hundred and seventy-four feet southerly, pre- sented and read. Councilman Van Duelman moved that the resolution be approved aitd placed on file for public inspection and final action, Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Thomp- son, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Resolution No. 69-40 A resolution fixing date of hearing on the proposed plans, specifications, form of contract for the construction of an eight (8) inch vitrified the sanitary sewer in Concord Street from the pres- ent wet well in Concord and Marion Street to the center of Coates Street and in Coates Street from the center of Concord Street to the west curb line of Fremont Avenue and in Free- inont Avenue from the center of Coates Street about four hundred and seventy- four feet southerly, presented and read. Councilman Van Duehnan moved the adoption of the resolutimr. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Thomp- son, Councilmen Murphy, Schueller, Vau Duelman, 1Vharton. Nays-None. Ordinance No, 11.4D. An ordinance vacating that part of Fairmont Street from Saunders Street to I,aFayette Street iii the City of Dubuque, Iowa, and conveying that vacated part of said Fairmont Street from Saunders to I,aFayette Street to Arnold Stegar, presented and read, ~Couucilman Van Duelman moved that the reading just had be considered the first reading of the ordinance. Seconded by Coun- cilman Wharton. Carried by the fol- lowing vote: Yeas-Mayor Thompson, Councilman Murphy, Schueller, Van Duelman, Wharton. Nays -None. Councilman Van Duelman moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Councilman Wharton. Carried by the following vote; Yeas-Mayor Thompson, Coun- cilmen Murphy, Schueller Van Duel- man, Wharton. Nays-None. The ordinance was then read a second time, Councilman Van Duelman moved that the reading just had be considered the second reading of the ordinance. Seconded by Councilman Wharton. Carried by the following vote: Yeas- 114ayor Thompson, Councilman Mur- phy, Schueller, Van Duelman, Whar- ton. Nays-None. Ordinance No. 12.40 An ordinance repealing an ordinance No, 204-1928, creating a Municipal Playground and Recreation Commission and defining its powers and duties; and providing for joint maintenance and operation of Playground and Recreation Facilities with the Board of Education of the In- dependent School District of Dubuque, presented and read. Councilman Van Duelman moved that the reading just had be considered the first reading. of the ordinance. Seconded by Council- man Wharton. Carried by the follow- ing vote: YeasJCouncilmen Murphy, Schueller, Van Duelman, Wharton. Nays-Mayor Thompson, Councilman Van Duelman moved that the rules be suspended requiring an ordinance to be read oit three separate days. Seconded by Councilman Schueller. Carried by the following vote,: Yeas-Council men Murphy, Schueller, Van Duelman, Wharton. Nays -Mayor Thompson. The. ordinance was then read a second time. Councilman Van Duelman moved that the reading just had be considered the second reading of the ordinance. Seconded by Councilman Schueller. Carried by the following vote: Yeas- Councilmen Murphy, Schueller Van Duelman, Wharton. Nays -Mayor Thompson. Petition of Dubuque Packing Com- pany requesting the vacation of East 17th Street from Cedar' Street to Syca- more Street; the vacation of the alley lying between Cedar and Sycamore Streets from Toast 16th Street to East 18th Street; the construction of a switch track on Cedai• Street from a point ap- proximately 210 feet north of the north line of East 17th Street, thence south- erly across East 17th Street to the north line of East 16th Street; the con- struction of a loading platfom on the westerly side of Cedar Street from the north line of East 16th Street to the south lice of East 13th Street; the ex- tension of the present loading platform on the westerly side of Sycamore Street southerly to the northerly line of East 16th Street; the construction of a load- ing platform on the south side of East 18th Street from the East line of Cedar Street to the west line of the alley be- tween Cedar and Sycamore Streets; the sloping of the present sidewalk on the northerly side of East 16th Street abut- ting the present plant to facilitate load- ing from the building; the reconstruc- tion of the storm sewer drainage on East 17th Street; and the reconstruction of the Bee Branch Sewer at the point where the proposed switch track will cross the same, these requests are based Special Session, upon a contemplated program of ex- panding its present plant by making extensive improvements and additions thereto, presented and read, Council- man Murphy moved that the petition be referred to the Planning and Zoning Commission for their recommendation and report and also to the City Council to view the grounds. Seconded by Councilman Wharton. Carried by the following vote: Yeas- Mayor Thomp- son, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Councilman Wharton moved that the rules he 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 Van Duelman. Carried by the following vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton, Nays-None. Mr. Herman Lott addressed the Council, requesting that the alley be- tween Auburn Street and Atlantic Street from West 14th Street to Fill- more Street be brought to a proper grade. Councilman Murphy moved that verbal request of Mr. Herman Lott be granted. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Thompson, Coun- cilmen Murphy,Schueller, Van Duel- man, Wharton. Nays-None. There being no further busineess Councilman Van Duelman moved to adjourn Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Thompson, Coun- cilmen Murphy, Schuetler, Van Duel- man, Wharton. Nays-None. J. J• SHEA, City Clerk. Approved _______________________1940. Adopted ________________________1940, Councilmen: ~------------------ 1---------------------- Attest: ------------------------------ City Clerk. 15th, 1940. 161 ;;;, 162 Special Session, July 23rd, 1940. City Council Official Special Session, Jttly 23rd, 1940. Council met at 7:OS p. m: Present-Mayor Thompson, Council- men Murphy, Schueller, Van Duelman, Wharton, City Manager Rhomberg. Meeting called byorder of Council- man Duelman and Wharton. Meeting called by order of Council- men Duelman and Wharton. Mayor Thompson read the call and stated that service thereof had been duly made and that this meeting is called for- the purpose of considering the report and recommendation of the Planning and Zoning Commission upon the petition of the Dubuque Packing Company and acting on any other busi- ness as may properly come before a regular meeting of the City Council. July 23rd, 1940. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The Planning and Zoning Commis- sion wishes to recommend to your honorable body the granting of the petition of the Dubuque Packing Co., Dated July 10, 1940, presented to you on July 1S, 1940, and recommend the vacation of 17th Street between Cedar and Sycamore Streets, and the vacation of the alley running parallel to and be- tween these two streets between 16th and 17th Streets Respectfully submitted, R. V. McKAY, Secretary, Dubuque Planning and Zoning Com- mission. Councilman Murphy moved that the recommendation of the Planning and Zoning Commission be received and made a matteer of record. Seconded by Councilman Wharton. Carried by the following vote: Yeas- Mayor Thomp- son, Councilmeen 1Vlurphy, Schueller Van Duelman, Wharton. Nays-None. Resolution No. 70-40 Resolution approving contract with Du- buque Packing Company and direct- ing the Mayor and~Clerk of the City of Dubuque to executee the same ir. its behalf. 1Vhereas, It is deemed advisible by the Council of the City of Dubuque to reconstruct and rebuild the surface water drainage system on East 17th Street at or near Cedar Street in order that adequate provision be made for the collection and discharge of surface and storm waters into the B Branch sewer; and Whereas, Dubuque Packing Com- pany, in consideration of the vacation of East 17th Street from Cedar to Sycamore Street and the conveyance of title to East 17th Street from Cedar to Sycamore Streets and that portion of the Alley lying between Cedar and Sycamore Streeets from East 16th Street to East 18th Street to it, will pay the cost and expenses of constructing such sewer system; and Whereas, A contract evidencing the agreement between the parties has been prepared and is hereto attached; Now, Therefore, be it resolved by the Council ~oE the City of Dubuque that said contract be and the same is hereby approved. Be it fm•ther resolved that this Reso- lution and the contract hereto attached he filed in the office of the Clerk for public inspection for at least mie week and that, thereafter, the Resolution and Contract be considered for final ap- proval and adoption. Be It Further Resolved That. Upoti the final adoption of this Resolution and the approval of said Contract, that the Mayor and Clerk be and they are hereby authorized and directed to ex- ecute said Contract for and on beehalf of the City of Dubuque. Introduced this 23rd day of Jaly, 1940. Councilman Murphy moved that the resolution and contract be placed en file in the office of the City Clerk for public inspection for at least one week before final approval and adoption. Sec- onded by Councilman Schueller. Car- ried by the follorviug vote: Yeas - \Iayor Thompson, Councilman Whar- phy, Schueller, Van Duelman, Whar- ton. Nays-None. Ordinance No. 13-40 Au ordinance providing for the Vacation of East 17th Street front the East Liue of Cedar Street to the West lice of Sycamore Street; also for the Vacation of the Al- ley 1}~ing between Cedar and Sycamore Streets from the North Line of East 16th Street to the South Line of East 18th Street; also for the conveyance of said Vacated Areas to Dubuque Pack- ing Compaup; and declaring an emer- gency, Presented and read. Councilman Vau Duelman moved that the reading just had be considered the first reading of the ordinance. Seeoouded by Couv- cihnan Schueller. Carried by the fol- lowing vote: Yeas-Mayor Thompson, Special Session, July 23rd, 1940. 163 Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays -None. Councilman Van Duelman moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Thompson, Coun- cilmen Murphy, Schueller, Van Duel- man, 1Vharton, Nays-None. The ordi- nance was then read a second time. Councilman Van Duelman moved that the reading just had be considered the second reading of the ordinance. Carried by the following vote; Yeas-Mayor Thompsan,CouticilmenMnrphy, Schuel- ler, Van Duelman, Wharton. Nays- Notie. Councilman Murphy moved that the ordinance be ordered placed on file with the City Clerk for public in- spection for at ]east one weeek before final adoption. Seconded by Council- man Schueller. Carried by the fol- lowing vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Vaii Duelman, Wharton. Nays-None. Ordinance No. 14-40 An ordinance granting to Dubuque Packing Com- pany, its successor and assigns,the right to construct and maintain a Loading Platform on Cedar Street; upon East 17th Street; upon East 18th Street; and upon Sycamore Street; also the right to occupy a portion of East 18th Street with Stockyards; also the right to re- place the sideivoalk on East 18th Street; prescribing the conditions of such permit and declaring an emer- gency, presented and read. Councilman Van Duelman moved that the reading just had be considered the first reading of the ordinance. Seconded by Council- man Wharton. Carried by the following vote: Yeas-Mayor Thompson, Coun- cilmen Murphy, Schueller, Van Duel- man, Wharton, Nays-None. Council- man Van Duelman moved that the rules be suspended requiring an ordinance to be read on three separate days. Second- ed by Councilman Wharton. Carried by the following vote: Yeas-May- or Thompson. Councilmen Murphy, Schueller, Van Duelman, Wharton. .Nays-None, The ordinance was then read a second time.Councilman Van Duelman moved that the reading just had be considered the second reading of the ordinance. Seconded by Coun- cilman bVharton. Carried by the fol- lowing vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, 1Vharton. Naps -None. Councilman Murphy moved that the ordinance be ordered placed on file with the City Clerk for public inspection for at least one week before final adoption, Seconded by Councilman Wharton. Carried by the following vote:Yeas- Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Councilman Schueller moved that the petition of the Dubuque Packing Com- pany, be granted, requesting the va- cation of East 17th Street from t}te easterly line of Cedar Street to the westerly line of Sycamore Street and to vacate the alley lying between Cedar and Sycamore Streeets from the north line of East 16th Street to the south line of East 18th Street and to convey said vacated areas to said Com- pany, also to authorize said Company to construct, maintain and operate a loading platform on the easterly side of Cedar Street from the North line of East 16th Street to the suoht line of East 18th Street, also to authorize said Company to construct, maintain and operate a loading platform on the westerly side of Sycamore Street from the South end of the existing plat- form southerly to the North line of East 16th Street, also to authorize said Company to remove the curb on the North side of East 16th Street abutting the present plant Easterly from Cedar Street and to reconstruct the sidewalk with a sloping surface to the building line, also to authorize said Company to reconstruct the Bee Branch Sewer at the point where it is proposed to cross the same with a switch track, also to authorize said Company to rear- range the drainage of surface wateer on East ]7th Street so as to conduct the same into the Bee Branch Sewer at some other point, also to authorize said Company to occupy that portion of the Southerly side of East 18th Street with its stockyards where said structure is now constructed, and to construct, maintain and operate a loading platform on the Southerly side of East 18th Street from the East line of Cedar Street to the West line of the Alley dying between Cedar and Sycamore Streets. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Thompson, Coun- cilmen Murphy, Van Duelman, Whar- ton. Nays-None. Petition of Dubuque Packing Com- pany requesting that permission be granted to the Trustees of Chi- cago, A4ilwaukee and St. Paul Railway Company, its successors and assigns, the right and authority to construct, maintain and operate an industry track to be located approximately as shown upon the blue print attached to the ordi- nance submitted by the Trustees of said railway company, said track to service the Dubuque Packing Company, presented and read. Councilman Mur- phy moved that the petition be ap- proved. Seconded by Councilman Vau Duelman. Carried by the following vote: Yeas-Mayor Thompson, Coun- cilmen Murphy, Schueller, Van Duel- inan, Wharton. Nays-None, 164 Special Session, July 23rd, 194Q. Special Ordinance. Ordinance No. IS-40. An ordinance granting to Henry A. Scandrett, Walter J, Cummings and George L. 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 an industry spur track in and across Syca- more Street, across the public alleys between Sycamore Street and Cedar Street, across "B" Branch Sewer, across East 18th Street and over along and upon Cedar Street from a point approximately 30 feet Southerly of the Southerly line of East 18th Skreeet, across East 17th Street to a point ap- proximately SO feet North of the Norfh line of East 16th Street, and declaring an emergency, presented and read. Councilman Van Duelman moved that the reading just had be considered the first reading of the ordinancee. Sec- onded by Councilman Wharton, Carried by hte following vote: Yeas-iVlay- or Thompson, Councilmen Murphy, Schueller, Van Duelman Wharton. Nays-None. Councilman Van Duel- man moved that the rules be suspended requiring an ordinance to be read on three separate days, Seconded by Coun- cilman Schueller. Carried by the fol- lowing vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. The ordinance was then read a second time. Councilman Van Duelman moved that the reading just had be considered the second reading of the ordinance. Sec- onded by Councilman Schueller, Car- ried by the following vote: Yeas-May- or Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Councilman Murphy moved that the ordinance be ordered placed ou file with the City Clerk for public inspection for at least one week before final adoption, Seconded by Councilman Schueller. Carried by the following voter Yeas-Mayor Thomp- son, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Communication of Miss Leona De- Sotel relative to her personal injury claim in the amount of $2S.S0 said claim being filed in March, 1940 and request- ing Council action on said claim, said claim resulting from a fall on a defec- tive tvallt at 1264 Langworthy Avenue, presented and read. Councilman Whar- ton moored that the communication be referred to the City Solicitor. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas - May- or Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Notice of Claim of John A. Cunning- ham in the amount of $20,000.00 for persona] injuries sustained in a fall at the Noreheast corner of Eighth and Main Streets, said fall being the resell of a defective curb and sidewalk, pre- sented and read, Councilman Van Duelman moved that the Notice of Claim be refeerred to the City Solicitor for investigation and report. Seconded by Councilman Murphy. Carried by the following vote: Yeas-May- or Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton, Nays-None. Communication of John P. Meyers submitting attached bill in the amount of $4.00 for the removal of a broken limb of tree from the residence at 266 Nevada Streeet, presented and read. Councilman Wharton moved that the communication and attached bill be re- ferred to the City Manager for investi- gation and report. Seconded by Coun- cilman Van Duelman. Carried by the following vote: Yeas-Mayor Thomp- son, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Petition of Members of Dubuque Fire Department requesting that they be placed on a Seventy-two Hour Work Week instead of their present Eighty- four Hour Work Week, presented and read. Councilman Wharton moved that the petition be referred to the City Council and the City A4anager to be instructed to ascertain from the Na- tional Board of Fire Underwriters as to what effect this change, if ~t•anted, would have upon the fire rates of the City of Dubuque. Seconded by Coun• ciltnan Van Duelman, Carried by the following vote: Yeas-Mayor Thomp- son, Councilmen Mtlrp~ty, Schueller Van Duelman, Wharton. Nays-None., Petition of Dubuque Trades and La- bor Congress requesting the City Coun- cil to consider a 72-hour week for the Fire Fighters of the City of Du- buque instead of an 84-hour week as at the present time, presented and read. Councilman Murphy moved that the pe• tition be referred to the City Council. Seconded by Councilman Schueller, Car- ried by the following vote: Yeas-May- or Thompson, Councilmeh Murphy, Schueller, Van Duelman, Wharton. Nays-None. Petition of M. A. Vonah et al re- questing the City Council to favor the request of the members of the Dubu- que Fire Department in their quest for a 72-hour work week, presented and. read. Councilman Murphy moved that the petition be referreed to the City Council. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Thompson, Coun'- oilmen Murphy, Schueller, Van Duel- man, Wharton. Nays-None. Session, July 23rd, 194(?. Council proceedings for the month of May,-1940, presented for approval Councilman Vau Duelman moved that the Council Proceedings for the month of May, 1940 be approved as printed. Seconded by Councilman Murphy, Car- ried by the following vote: Yeas- Mayor Thompson, Councilmen Mur- phy, Schaeffer, Vau Duelman, Whar- ton. Nays-None. Ordinance No. 11-40. An ordinance vacating that part of Fairmont Street from Saunders Street to LaFayette Street in the City of Dubuque, Iowa, and conveying that vacated part of said Fairmont Street from Saunders Street to Lafayette Street to Arnold Stegar, said ordinance having been passed upon first and second readings on July 15th, 1940, presented and read a third time. ORDINANCE NO, 11.40 An ordinance vacating that part of Fairmont Street from Saunders Street to Lafayette Street in the City of Dubuque, Iowa, and conveying that vacated part of said Fairmont Street from Saunders Street to Lafayete Street to Arnold Stegar. Whereas, A request has been filed with the City Council of the City of Dubuque to vacate that portion of Fairmont Street from Saunders Street to Lafayette Street in the City of Du- buque, Iowa, and to grant and con- vey the same to Arnold Stegar, which request has been submitted to the Planning and Zoning Commission for its recommendation or approval; and Whereas, Said Planning and Zoning Commission has filed its recontrnert- dation with the City Council wherein it recommends granting of the request; and Whereas, This Council finds that the said described portion of Fairmont Street serves uo public purpose in all probability will never be needed or useful as a public thoroughfare. Now, Therefore, Be it ordained by the City Council of the City of Du- buque; Section 1. That all of that part of Fairmont Street between Saunders Street and Lafayette Street in the City of Dubuque, be, and the same is here- by vacated and the public use thereof is hereby annulled. Section 2. That, for value received, all of that vacated part of Fairmont Street from Saunders Street to Lafay- ette Street in the City of Dubuque, Iowa, be and the same is hereby grant- ed and conveyed to Arnold Stegar. 169 Section 3. That, after the adoption of the ordinance, the !City Council shall file a certifieed copy of the same in the office of the County Recorder of Dubuque County, Iowa. Section 4. That, this ordinance shall take effect ten (10) days after its final passage and adoption by the City Council, and publication as provided by law. Passed upon first and second read- ings this 15th day of July, 1940, Passed, adopted and approved on final reading this 23rd day of July, 1940. F. W. THOMPSON, Mayor, FRANK VAN DUELMAN, ALBERT WHARTON, B, A. SCHUELLER, GEO. R. MURPHY, Councilmen, Attest: J. J, SHEA, City Clerk. Published officially in the Telegraph- Herald newspaper this 2Sth day of July, 1940, J. T. SHEA, City Clerk, Councilman Vau Duelman moved the adoption of the ordinance. Sec- oned by Councilman Wharton. Carried by the following vote: Yeas-May- or Thompson, Councilman Murphy Schueller, Van Duelman, Wharton. Nays-None. Ordinance No. 12-40. An ordinance Repealing an Ordinance No. 204-1928, Creating a Municipal Playground and Recreation Commission and Defining Its Powers and Duties; and Providing for Joint Maintenance and Operation of Playground and Recreation Facili- ties with the Board of Education of the Independent School District of Du- buque, said ordinance having been passed upon first and second readings on July 1Sth, 1940, presented and read a third time. ORDINANCE No, 12-40 An Ordinance Repealing an Ordi- nance No. 204-1928, Creeating a Mu~ nicipal Playground and Recreation Commission and Defining its Powers and Duties and Providing for Joint Maintenance and Operation of Play- ground and Recreation Facilities with the Board of Education of the Inde- pendent School District of Dubuque. The City Council of the City of Du- buque ordains as follows: Section 1, That Ordinance Aro. 204- 1928, creating a Municipal Playground -, 'I',. ri 166 Special Session, July 23rd, 1940. and Recreation Commission, defining its powers and duties, being paragraphs 961 to 966, be, and the same is hereby repealed. Section 2. This ordinance shall be in force and effect ten (101 days from and after its final passage and adop- tion by the City Council and publica- tion as provided by law. Passed upon first and second read- ings this 1Sth day of July, 1940. Passed, adopted and approved on final reading, this 23rd day of July, 1940. FRANK VAN DUELMAN, ALBERT WHARTON, B. A. SCHUELLER, GEO. R, MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Published officially in the Teleyraph- Herald newspaper this 2Sth day of July, 1940, 1. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the ordinance. Seconded by Cowtcilman 'vVharton, Carried by the following vote: Yeas-Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-Mayor Thompson. Resolution No. 71-40 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 grouted 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 Raymond and Eileen Wunder, 2400 Central Avenue. Be it Further Resolved, That the bond filed with the application be ap- proved. Passed, adopted and approved this 23rd day of July, 1940. F. W. THOMPSON, Mayor. FRANK VAN DU];LMAN, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Comtcilmau Van Duelman moved the adoption of the resolution. Seconded by Councilman Schueller. Carried by thq following vote: Yeas-Mayor Thomp- son, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Resolution No. 72-40 Plhereas, Application for Class °B" Beer Permit has been submitted to this Cottttril for approval and the same has been examined; stow, therefore, Be It Resolved, By the Council of the City of Dubuque that the following application be and the same is hereby approved and it is ordered that the premises to be occupied by such ap- plicant shall be forthwith inspected. Class "B" Permit Name Address Norman J. Palmer and Kathleer. Dahl, 1322 Central Avenue. Passed, adopted and approved this 23rd day of July, 1940. F. W. THOMPSON, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest:: J. J, SHEA, City Clerk. Councilman Murphy moved the adop- tion of the resolution. Seconded by Councilman Schueller. Carrieed by the following vote: Yeas-Mayor Thomp- son, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Resolution No. 73-40 1Vhereas, heretofore application was filed by the within named applicants for Class "B" Beer Permit and bas re- ceived the approval of this Council; and 1Vhereas, The premises to be occu- pied by them have been inspected and found to comply with the ordinance of this city attd they have filed a proper bond, now, therefore, Be It Resolved, By the Cattncil of the City of Dubuque that the Manager be and he is hereby directed to issue to the following named persons a Beer Permit. Class "B" Permit Name Address Norman J. Palmer and Kathleen Daltl, 1322 Centro( Avenue. Be It Further Resolved, That the bond filed by such applicants be and the same is hereby approved. Special Session, July 23rd, 1940. 167 Passed, adopteed and approved this 23rd day of July, 1940. F. W. THOMPSON, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J, SHEA, City Clerk. Councilman Murphy moved the adop- tion of the resolution. Seconded by Councilman Vau Duelman, Carried by the following vote: Yeas-May- or Thompson, Councilmen Murphy Schueller, Van Duelman, Wharton. Nays-None, July 23, 1940 To The Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have ap- proved the following bond and desire to have your approval on same for filing. Personal Paul' Rossiter, Continental Casualty Co, City Building Commissioner, Respectfully submitted A, A, RHOMBERG, City Manager Councilman Murphy moved that the bond be approved and placed on file, Seconded by Councilman Van Duel- man. Carried by the following vote: Yeas-Mayor Thompson: Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None, July 19, 1940. Honorable Mayor and Members of City Council, City of Dubuque. Gentlemen: I herewith return to you the Petition of Floris J. Gulick for Suspension of Taxes and with reference thereto re- port as follows: That said Petition is made in con- formity with the law, that the City Council of, the City of Dubuque s}tould approve said Petition and notification of such approval should be given to the Board of Supervisors of Dubuque County, Iowa. Respectfully submitted, JOHN J, KINTZINGER, City Solicitor, Councilman Murphy moved that the report of City Solicitor Kintzinger be approved and that the petition of Floris J. Gulick requesting suspension of the last half of his 1939 taxes be granted and that the Board of Supervisors be notified of the action of the City Coun- cil. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Thompson, Coun- cilmen Murphy, Schueller, Van Duel- man, Wharton. Nays-Nonee, Ordinance No. 16-40. An Ordinance Vacating part of the Alley between and abutted on by Lots 658A on the one side and 658, 6S9 and 660 on the other side, being the Northerly 3/Sths of the Alley running from West Tenth Street to West Eleventh Street be- tween and parallel to Bluff Street and Locust Streeetin the City of Dubuque, presented and read. Councilman Van Duelman moved that the reading just had be considered the first reading of the ordinance. Seconded by Counciltan Wharton. Carried by the following vote: Yeas-Mayor Thompson, Coun- cilmen Murphy, Schueller, Van Duel- man, Wharton. Nays-None. Council- man Van Duelman moved that the rules be suspended requiring an ordinance to be read on three separate days.. Sec- oned by Councilman Wharton. Carried by the following vote: Yeas-May- or Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-Nolte. The ordinance was then read a second time. Councilman Van Duelman moved that the reading just had be considered the second reading of the ordinance. Seconded by Coun- cilman Wharton. Carried by the fol- lowing vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van. Duelman, Wharton, Nays-None. Councilman Murphy moved that the ordinance be ordered placed on file with the City Clerk for public inspec- tion for at least one week before final' adoption. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Thompson, Coun- cilmen Murphy, Schueller, Van Duel- man, Wharton. Nays-None. Special Ordinance. Ordinance No. 17-40. An Ordinance granting to the Chicago Great Western Railroad Company, its successors and assigns, the right to construct, maintain and operate an Industry Track over, along and upon the Alley between $lm and Pine Streets and between Eleventh and Twelfth, said track to connect with an existing railroad track in said Alley, and declaring an emergency, presented and read. Councilman Van Duelman moved that the reading just had be con- sidered the first reading of the ordi- nance. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Thompson, Coun- cilman Ivfurphy, Schueller, Van Duel- man, Wharton, Nays-None. Council- man Van Duelman moved that the rules be suspended requiring an ordi- nance to be read on three separate days. ~e~Wl 168 Special Session, July 23rd, 1940 Seconded by Councihnan Schueller. Carried by the followingvote: Yeas- Mayor Thompson, Councilman Mur- phy, Schueller, Van Duelman, Whar- ton. Nays-None. The ordinance was then read a second time, Councilman Van Duelman moved that the reading just had be considered the second reading of the ordinance, Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Thomp- son, Councilmen Murphy, Schueller, Van Duelman, Wharton, Nays-None. Councilman Murphy moved that the ordinance be ordered,placed on file with the City Clerk for public inspection for at least one week before final adoption. Seconded by Councilman Van Duel- man. Carried by the following vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. There being no further business Councilman Van Duelman moved to adjourn. Seconded by Councilman Wharton, Carried by the following vote: Yeas-Mayor Thompson, Coun- cilmen 112urphy, Schueller, Van Duel- man, Wharton. Nays-None. J• J. SH$A, City Clerk. Approved -----------------------1940, Adopted ------------------------1940. Councilmen: ~ _________ ------------- 1---------------------- Attest: --------------------------~--- City Clerk.