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1940 August Council Proceedings168 Special Session, ,July 23rd, 1940, Seconded by Councilman 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 he 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, 1Vharton. Nays-None. There being no further business Councilman Van Duelman moved to adjourn. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Alayor Thompson, Coun- cilmen Murphy, Schueller, Van Duel- man, Wharton. Nays-None. J. J. SHEA, City Clerk. Approved _______________________1940, Adopted ----------------- ------1940. 1---------------------- Councilmen: ~______________________ 1---------------------- Attest: ------------------------------ City Clerk. Regular Session, August 5th, 1940. 169 City Council (Official) Regular Session, August 5th, 1940. Council met at 7:40 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, Petitions of Nicholas Steichen sub- mitting objections to the passage of proposed Ordinance No. 13-40 of the City of Dubuque, Iowa, providing for the vacation of East 17th Street, from Cedar Street to Sycamore Street, and the Alley lying between Cedar Street attd Sycamore Street from East 16th Street to East 18th Street also to the passage of Ordinance No. 15-40 of the City of Dubuque, Iowa, providing among other things an establishment and maintenance of a Railway upon certain parts of Cedar Street between East 18th Street and East 16th Street attd for the erection of loading platforms by the Dubuque Packing Company, presented and read. Councilman Mur- phy moved that the rules be suspended for the purpose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Van Duelman, Carried by the following vote: Yeas- Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Attorney D. E. Maguire, representing Nicholas Steichen, ad- dressed the Council objecting to the passage of Ordinance No. 13-40 and Or- dinance No. 15-40 until the rights of his client and others affected would be safeguarded. Attorney M, H, Czi- zek, representing the Dubuque Packing Company addressed the Council stating that unless Ordinance No. 15-40 is passed by the Council that the whole improvement program as contemplated by the Dubuque Packing Company would have to be abandoned. After a lengthy discussion of this matter At- torney Maguire stated that if the City Council .would give assurance that the rights of his client would be protected in case that an attempt was made to construct an industry, track on Cedar Street before damages to his clients property has been ascertained and com- pensated for and if given that assurance then objections to the passage of Ordi- nance No. 15-40 would be withdrawn. Attorney Maguire was informed by the City Council, City Manager and City Solicitor that their actions in this mat- ter would conform with statutes set- ting forth the procedure to be followed itr such cases and that all property owners in any way affected would have recourse to safeguards as provided by law. Dr. W. A. Johnston, President of Chamber of. Commerce addressed the Council, stating that he had a confer- ence with Mr. )~, T. Frith of the ~. $. Frith Co., Inc., and that Mr. Frith stated that the $. $, Frith Co., Inc,, had no objections to the proposed va- cation of East 17th Street to the Du- buque Packing Company provided that he was given the assurance that East 18th Street be kept open at all times. Mr. Johnston was given the assurance that East 18th Street would be kept open as requested and that Mr. E. T. Frith should be so notified and as- sured, Special Ordinance. Ordinance No, 15-40. An Ordinance granting to Henry A. Scandrett, Walter J. Cum- mings and George I. Haight, as Trus- tees of the property of Chicago, Mil- waukee, St. Paul and Pacific Railroad Company, their successors and assigns, the right to construct, maintain and operate an industry spur track in and across Sycamore Street, across the pub- lic 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 Street, across East 17th Street to a point ap- proximately SO feet north of the north line of East 16th Street, and declaring an emergency, said ordinance having been passed upon first and second readings on July 23rd, 1940 and order- ed placed on file for public inspection with the City Clerk for at least one week before final adoption, presented and read a third time. SPECIAL ORDINANCE Ordinance No. 15-40 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 an industry spur track in and across Sycamore Street, across the public al- leys 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 df East 18th Street, across East 17th Street to a point ap- proximately SO feet north of the north line of East 16th Street, and declaring an emergency. 170 Regular Session, August 5th, 1940. B$ IT ORDAIN$D BY THI; COUNCIL, OF THI; CITY OF DUBUQUE: Section One: That there be and there is hereby granted to Henry A, Scan- drett, Walter J. Cummings and George I. Haight, as Trustees of the property of Chicago, Milwaukee, St. Paul and Pacilc Railroad Company, their suc- cessors and assigns, the right, and au- thority to construct, maintain and op- erate an industry spur track diagonally in a southwesterly direction from a point approximately 45 feet southerly of the south line of $ast 19th Street on the easterly line of Sycamore Street to a point approximately 90 feet south- erly of the south line of 1~ast 19th Street ou the west lice of Sycamore Street across the public alley between Sycamore Street and Cedar Street, di- agonally in a southwesterly direction frmn a point approximately 87 feet north of the north line of $ast 18th Street on the easterly line of said al- ley to a point on the westerly side of said alley approximately 70 fee t north of the north Ifne of $ast 18th Street; by means of a bridge across "B" Branch Sewer adjacent to the north line of $ast 18th Street and in Bast 18th Street approximately 4S feet east of the east line of Cedar Street and diagonally across said Iiiast 18th Street in a southwesterly direction from said bridge to a point on the south line of $ast 18th Street approximately 10 feet east of the east line of Cedar Sheet and along, over and upon Cedar Street in a southerly direction from a point on the easterly line of Cedar Street ap- proximately 3S feet south of the south line of )oast 18th Street, across $ast 17th Sheet to a point approximateely 50 feet north of the north line of $ast 16th Street, all in accordance with and in the manver as indicated by the line in yellow color on the blue print plat dated July 8, 1940 hereto attached and made a part hereof. Section Two: Said Track shall con- form to the grade of said streets and alleys as now or as hereafter estab- lished and shall be so constructed and forever maintained that the free pass- age for vehicles across the same at all points shall not be interfered with and the right to impose additional con- ditions and requirements upon the use of said track or its maintenance when- ever reasonable circumstances arise to require the same is reserved to the Council of said City. Section Three: This ordinance be- ing deemed urgent and of immediate necessity shall become effective upon its passage, adoption and approval by the City Council and publication, as provided by lavV, and the rights herein granted shall accrue to said Henry A, Scandrett, Walter J. Cummings and George I. Haight, as Trustees of the property of Chicago, Milwaukee, St. Paul and Pacific Railroad Company only when the injury and damages to property abutting upon said streets have been ascertained and compen- sated for, or in lieu thereof, when the record owners of such property and record holders of liens and encum- brances thereon have filed with this council their consent to the construc- tion and operation of such track and waivers and releases of any damages which may be sustained by them on account of the construction and opera- tion of the same. Passed upon first and second read- ings this 23rd day of July, 1940. Passed, adopted and approved this 5th day of August, 1940, F. W. THOMPSON, Mayor. FRANK VAN DUELMAN, ALB$RT WHARTON, B. A. SCHUIaLL1aR, G>~0. R. 14URPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Published officially in The Telegraph- Herald newspaper this 7th day of Au- gust, 1940. J. J. SH$A, City Clerk. 8-7-1t. Councilman Wharton moved the adoption of the ordinance. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Thompson, Councilmen Murphy Schuel- ler, Van Duelman, Wharton. Nays- None. Proof of publication, certified to by the publishers, of the notice of a public hearing upon the plans, specifications, form of conhact and cost of construc- tion of an eight inch vitrified the sani- tary sewer in Concord Street from the present wet well in Concord Street and Marion Street to the center of Coates Street and iu 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, estimated cost $3,1SO,S0. Councilman Van Duel- man moved that the proof of publica- tion be received and filed. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Thomp- son, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None, Mr. Jos. Hennings et al, represent- ing the Common Laborers Local Un- Session, August 5th, 1940. ion, addressed the Council objecting to the proposed construction of a sani- tary sewer in Concord Street, in Coates Street and in Fremont Avenue on the grounds that it is proposed to use W.P.A. labor instead of Union labor. Councilman Van Duelman moved that the matter of the verbal objections of Mr, Jos. Hennings et al presented against the construction of the sani- tary sewer in Concord Street, in Coates Street and in Fremont Avenue be re- ferred to the City Solicitor for an opin- ion as to the legality of the objections. Seconded by Councilman Murphy. Car- ried by the following vote: Yeas-May- or 'Phompson, Councilmen Murphy, Schueller, Van Duelman, Wharton, Nays-None, Communication of Mrs. Chris. Les- lein advising Council that her son fell on a defective sidewalk at 610 West Locust Street and requesting that the Doctor bill be paid for by the City of Dubuque, presented and read. Council- man Murphy moved that the communi- cation be referred to the City Solicitor for investigation and report. Seconded by Councilman Wharton. Carried by the fallowing vote: Yeas - May- or Thompson, Councilmen Murphy, Schueller, Van Duelman, Whartmt. Nays-None. Communication of League of Iowa Municipalities requesting the City Council to send delegates to represent the City of Dubuque at the Annual Convention of the League to be held at Council Bluffs, Iowa, on August 19, 20 and 21, 1940, presented and read. Coun- cilman Van Duelman moved that City Manager Rhomberg, City Solicitor Kintzinger and Water Superintendent Hail be delegated to attend said conven- tion, Seconded by Councilman Schuel- ler. Carried by the following vote: Yeas -Mayor Thompson, Councilmen Mur- phy, Schueller, Van Duelman, Whar- tmt. Nays-None. Petition of Saint Patrick's Rectory, $pworth, Iowa, requesting permission to erect a banner across Ivlain Street between 8th and 9th Streets, presented and read. Councilman Murphy moved that the request be granted and the erection of said banner to be done un- de4 the supervision of the Building Commissioner. Seconded by Council- man Schueller. Carried by the follow- ing vote: Years-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Petition of Murphy Insurance Agency requesting release of the cigar- ette bond of Robert Zeheutner which was filed April 1st, 1940, said release to be as of July 1st, 1940, presented and read. Councilman Murphy moved that 171 the request be granted, Seconded by Councilman Van Duelman, Carried by the following vote: Yeas -Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Petition of NI u r p h y Insurance Agency requesting release of the cigar- ette bond of Ford Hopkins Company which was filed June 10th, 1940, said release to be as of July 1st, 1940, pre- sented and read. Councilman Van Duel- man moved that the request be granted. Seconded by Councilman Murphy. Car- ried by the following vote: Yeas- Mayor Thompson, Councilmen Mur- phy, Schueller, Van Duelman, Whar- ton. Nays-None. Petition of Z u m h o f Insurance Agency requesting the release of the Beer Bond of Payson Berg as he has disposed of his business, presented and read. Councilman Van Duelman moved that the request be granted. Sec- onded by Councilman Schueller. Car- ried by the following vote: Yeas- Mayor Thompson, Councilmen Mur- phy, Schueller, Van Duelman, Whar- ton. Nays-None. Petition of Edwin C. Kuehnle re- questing arefund of the interest and penalties due on special sewer assess- ment for Lot 113, Finley, Waples and Burton's Addition, presented and read. Councilman Van Duelman moved that the petition be referred to the City Manager for investigation and report. Seconded by Councilman Schueller. Carried by the following vote; Yeas- Mayor Thompson, Councilmen Mur- phy, Schueller, Van Duelman, Whar- ton. Nays-None. Petition of John L. Wright and A. B. Cramer requesting that the Council investigate the condition of the Alley in the 1900 block on Asbury Street in the rear of their homes, presented and read. Councilman 'SSchueller ~knoved that the petition be referred to the Council to view the grounds. Seconded by Councilman Van Duelman, Carried by the following vote: Yeas-May- or Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Petition of Board of Dock Commis- sioners requesting vacation of streets and alleys located in the River Front Improvement Wharf Property between East 8th Avenue and the Dubuque and Dunleith Bridge Company from Cy- press Street east to the Mississippi River and also to have the property which is allocated to the Allison-Hen- derson Park revert to the City for other uses, presented and read. Councilman Murphy moved that the petition be re- i~•~il 172 Regular Session, August 5th, 1940. ferred to the Planning and Zoning Commission- for their recommendation and report Seconded by Councilman Schueller. Carried by the following vote: Yeas-Alayor Thompson, Coun- cilmen Murphy, Schueller, Van Duel- man, 1Vharton. Nays-None. Petition of Della C. Thul, referred to the City Council by the Board of Super- visors, requesting cancellation of the 1939 taxes on Lot 3 and the Soutlt 2 feet 6 inches of Lot 2 of Kleinschmidt's Subdivision, presented and read. Coun- cilman Van Duelman moved that the petition be referred to the City Solicitor for investigation and report. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Thontp- sou, Councilmen Murphy, Schueller, Vau Duelman, Wharton. Nays-None. Petition of Dr, and Mrs. J. C. Pick- ard et al requesting the vacation of streets and alleys in Clifton Subdivi- sion except those parts thereof con- stituting Fremont Avenue and the ev- trance of Sun Set Ridge, presented and read. Councilman Van Duelman moved that the petition be referred to the Planning and Zoning Comission for their recommendation and report. Seconded by Councilman Wharton. Carried by the following vote: Yeas: -Mayor Thompson, Councilmen Mur- ply, Schueller Van Duelman, Wharton. Nays-None, Petition of Interstate Power Com- pany requesting permission to recon- struct Heir distribution system in the alley between Maiit and Iowa Streets and Second and Third Streets iii order to better serve customers in this vi- cinity, presented and read. Council- inait Murphy moved that the request be granted and the City Solicitor to be instructed to prepare a proper ordi- nance. Seconded by Councilman Schuel- ler. Carried by the following vote: Yeas=Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Petition of I{loner Manufacturing Company requesting permission to construct a loading platform and can- opy over the same on Washington Street between Ninth Street and south- erly toward Eighth, also for permis- sion to construct extra steps leading into their new office on Ninth Street and a canopy over the same also for permission to install a 10,000 gallon fuel oil tank under the sidewalk on the south side of Ninth Street and east of Washington Street, presented and read, Councilman Van Duelman moved that the petition be referred to the Council to view the grounds. Seconded by Councilman A4urphy. Carried by the following vote: Yeas-Mayor Thomp- sat, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Ordinance No. 16-40. An Ordinance vacating part of the Alley between and abutted on by hots 658-A on the one side and 658, 6S9 and 660 on the other side, being the Northerly 3/5ths of the Alley running from West Tenth Street to West $leventh Street between and parallel to Bluff Street and Locust Street in the City of Dubuque, said Ordinance having been passed upon first and second readings on July 23rd, 1940 and ordered placed on file far pttblic inspection with the City Clerk for at least one week before final adop- tion, presented and read a third time. ORDINANCE N0. 16-40 An Ordinance Vacating Part of the Alley Between and Abutted on by Lots 6S8-A on the Otte Side and 658, 659 and 660 on the Other Side, being the North- erly 3/Sths of the Alley running from tiVest Tenth Street to West Eleventh Street. Between and Parallel to Bluff Street and Locust Street in the City of Dubuque. Whereas, a request has been filed with the City Council of the City of Dubuque to vacate that part of the alley running from West Tenth Street to West Eleventh Street between and parallel to Bluff Street and Locust Street in the City of Dubuque, which request has been submitted tb the Plan- ning and Zoning Commission for its recommendation and approval ;and tiVHEREAS, The said Planning and Zoning Commission has filed its rec- ommendation with the City Council wherein it recommends granting of the request; and Whereas, This Council finds that the said portion of the alley herein- before described is not needed for alley purposes and the vacation thereof will not injure, damage or interfere with the use of or accessibility to private property adjoining said alley, and that said alley should be vacated as re- quested; Now, Therefore BE ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: Section 1. That all that part of the alley running from West Tenth Street to West Eleventh Street between and parallel to Bluff Street and Locust Street in the City of Dubuque, said portion of the alley between and abut- ted on by Lots 658-A on the one side and 658, 659 and 660 on the other side, comprising the northerly 3/Sths of said Session, August 5th, 1940. alley, be, and the same is hereby va- cated and the public use thereof is hereby annulled, Section 2. That after the adoption of this Ordinance, the City Council shall file a certified copy of the same in the office of the tiounty Recorder of Dubuque County, Iowa. Section 3. That this Ordinance shall take effect ten (10) days after its final passage aitd adoption by the City Council, and publication as provided by law. Passed upon first and second read- ings this 23rd day of July, 1940. Passed, adopted and approved on final reading this Sth day of August, 1940. F. W. THOMPSON, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, B, A. SCHUELLER, G$0. R. MURPHY, Councilmen: Attest; J. J. SHEA, City Clerlr. Published officially in the Telegraph- Herald newspaper this 7th day of Au- gust, 1940. J. J. SHEA, City Clerk. 8-7-1 t. Councilman Van Duelman moved the adoption of the ordinance. Seconded by Councilman Wharton, Carried by the following vote: Yeas - May- or Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None, Special Ordinance Ordinance No. 17-40 An Ordinance granting to the Chicago, Great Western Railroad Company ,its successors and assigns, the right to construct, main- tain and operate an Industry Track over, along and upon the Alley between Elm and Pine Streets and between Eleventh and Twelfth, said track to connect with an existing railroad track iii said alley, and declaring an emer- gency, said ordinance having been passed upon first and second readings on July 23rd, 1940 and ordered placed on file for public inspection with the City Clerk for at least one week be- fore final adoption, presented and read a third time. SPECIAL ORDINANCE Ordinance No. 17-40 An Ordinance Granting to the Chi- cago, Great Western Railroad Com- pany, Its Successors and Assigns, the 173 Right to Construct, Maintain and Op- erate an Industry Track Over, Along and Upon the Alley Between Elm and Pine Streets and Between Eleventh and Twelfth, Said Track to Connect with an Existing Railroad Track in Said Alley, and Declaring an Emer- gency, B$ IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUUE: Section 1. That there be and there is hereby granted to the Chicago, Great Western Railroad Company, its successors and assigns, the right and authority to construct, maintain and operate an industry track over, along and upon the alley between Elm and Pine Streets and between Eleventh and Twelfth Street, said track to con- nect with an existing railroad track in said alley as indicated and shown by the lines A and B upon a plat hereto attached and made a part hereof, and shall extend in said alley at approxi- mately the location and between the points marked A and B on said plat, said track to be used to serve the Ja- cobson Iron and Metal Company's plant located on the east middle one- fourth (/) of City Lot S00 in the City of Dubuque and other industries. Section 2. Said track shall conform to the grade of said alley as now or as hereafter established and shall be so constructed and forever maintained that the free passage for vehicles across the same at all points shall not be interfered with and the right to impose additional conditions and re- quirements upon the use of said track or its maintenance whenever reason- able circumstances arise to require the same, is reserved to the Council of said City. Section 3. It is further expressly stipulated and provided that all rail- road companies now operating tracks iii this city shall be entitled at any time to have their cars transferred over said tracks, and all intermed- iate tracks of said company, its suc- cessors and assigns, which may be necessary to be used in order to con- nect with the track hereby authorized upon the payment of such switching charges which may be uniformly ap- plied within this city and accepted as reasonable between railroad companies operating within the city. Section 4, This Ordinance being deemed urgent and of immediate ne- cessity, shall become effective upon its passage, adoption and approval by the City Council and publication, as provided by law, and the rights here- in granted shall accrue to said railroad 174 Regular Session, August 5th, 1940. company only when the injury and damages to property abutting upon said streets have been ascertained and compensated for, or in lieu thereof, when the record owners of such prop- erty and record holders of liens attd encumbrances thereon have filed with this council their consent to the con- struction and operation of such track and waivers and releases of any dam- ages which may be sustained by them on account of the construction and operation of the same, Section S. The cost of the publica- tion of this Ordinance shall be paid by the Jacobson Iron and Meta] Com- pany, the party having requested the same. Passed upon first and second read- ings this 23rd, day of July, 1940. Passed, adopted and approved upon final reading, this Sth day of August, 1940. F. W. THOMPSON, Mayor. FRANK VAN DUBI,MAN, AI,B$RT WHARTON, B. A. SCHU1~I,I,$R, G$0. R. MURPHY, Councilmen. Attest: J. J. SH$A, City Clerk, Published officially in the Telegraph- Herald newspaper this 7th day of Au- gust, 1940. J. 7. SHI;A, City Cleric, 8-7-1t. Cotntciltnan Van Duelman moved the adoption of the ordinance. Seconded by Councilman Schueller. Carried by the following vote: Yeas - May- or 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 were drawn during the month of June, _1940, presented and read. Couwcilman Murphy moved that the proof of publication be received and filed. Seconded by Councilman Whar- ton. Carried by the following vote: Yeas-Mayor Thompson, Councilman Murphy, Schueller, Van Duelman, GVharton. Nays-Noce. Reports of the Director of Recrea- tion for the months of June and July, 1940, presented. Councilman Murphy moved that the reports be received and placed on file. Seconded by Council- man Van Duelman. Carried by the fol- lowing vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. August 5, 1940, To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have ap- proved the following bonds and desire to have your approval on same for fil- ing: Personal $sther E. Fritschel, Stenographer, City Water Department, Band No, 938222- A, American Surety Co., N. Y. Excavation Philip Breithaupt, 2120 Washington Street, Commercial Cas. Ins. Co, of Newark, New Jersey. Respectfully submitted, A. A. RHOMB$RG, City Manager. Councilman Van Duelman moved that the bonds be approved 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. August S, 1940. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: In providing a new highway entrance into the city from the west by relocat- ing U. S. Highway No. 2a the Iowa State Highway Commission acquired certain lots for right-of-vvay purposes by condemnation. Among the parcels so acquired were Lots 11 and 12 of Sisters Addition owned by C. B. Tre- wiu, Inc. and hots 24, 2S and 26 of Babcock's Subdivision owned by the Susan Andre Estate. All of these lots were involved in tax sales with Du- buque County holding tax Certificates against them. The Highway Commis- sion tendered warrants of $400.00 in payment for the Trewin property and of $450.00 for the Andre lots, both of which amounts were insufficient to pay for the general taxes and special assess- ments owing on the properties. After Dubuque County received the amounts necessary to redeem the tax certificates and to pay the current taxes, there was available for the payment of special assessments $189.83 against 11 and 12 of Sisters Addition attd $202.62 against hots 24, 2S and 26 of Babcock's Sub- division. The totals necessary to clear up the specia( assessments are as fol- lows: hots 11 and 12 Sisters Addi- tion ____________________$688.97 Available _________________ 189.83 Deficiency ______________$499.14 Session, August 5th, 1940. 175 hots 24, 2S and 26 of Bab- cock's Subdivision _______$451.92 Available _________________ 202.62 Deficiency ______________$249.30 I recommend that a warrant in the amount of $748.44 ($499.14 plus $249.30) payable to the County Treasurer be ordered drawn on the Improvement Fund in payment of the deficiencies in special assessments against hots 11 and 12 of Sisters Addition and against Lots 24, 25 and 26 of Babcock's Subdivision. Respectfully submitted, A, A. RHOMB);RG, City Manager Councilman Van Duelman moved that the recommendation of City Man- ager R'homberg be approved and the City Auditor to be instructed to draw a warrant in the amount of $748,44 on the Improvement Fund payable to the County Treasurer in payment of the deficiencies in special assessments against hots 11 and 12 of Sisters Addi- tion and against hots 24, 2S and 26 of Babcoclt s Subdivision. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Thomp- son, Councilmen Murphy Schueller, Van Duelman, Wharton. Nays-None. August S, 1940 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the session of the City Council held July 23rd, 1940 the communica- tion of John P. Meyers with attached bill in the amount of $4.00 for removal of a broken tree limb at 266 Nevada Street was referred to the City Man- ager for investigation and report. I have consulted the Park Superin- tendent and find that he had the com- plaint as stated itt the letter and had told Mr. Meyers over the phone that from the description given, it would be the duty of the property owner to re- move the limb but that he would in- vestigate the case. It appears that the work of cleaning the debris caused by the wind storm occupied the Park Board employees for several days and by the time they got around to 266 Ne- vada Street, the property owner had hired the work done. A's a result of my investigation I recommend that the communication be received and filed. Respectfully submitted, A. A, RHOMBIaRG, City Manager. Councilman Van Duelman moved that the recommendation of City Man- ager R'homberg be approved. Sec- onded by Councilman Wharton. Car- ried by the following vote:Teas-May- or Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. August 2, 1940. Honorable Mayor and Members of the City Council, City of Dubuque, Iowa, Gentlemen: With reference to the claim of Mrs. Catherine Bakey, 1241 Jackson Street, against the City of Dubuque, in which she claims that she suffered serious and permanent injuries by falling on a de- fective and dangerous sidewalk on May 31, 1940 at 736 Julien Avenue in the City of Dubuque, she has been incapaci- tated more or less since that time, has received an injury to her knee which will require medical care and attention in the future, that her expenses up to this time run somewhere in the neigh- borhood of $2$0.00, that she will be un- der expense because of the injury, in the future. I have investigated this claim and discussed the matter with her and after negotiations with her, she agreed to give the City a release if the City will pay to her $150. I am of the opinion that there is liability and would recommend that the claim be allowed in the sum of $150.00, and that a war- rant be issued payable to the order of Mrs. Catherine Bakey for the sum of $150.00, and the same be delivered upon execution and delivery of a proper re- lease to the City of Dubuque, I am re- turning herewith the claim of Mrs. Catherine Bakey. Respectfully submitted, JOHN J. KINTZING$R. Councilman Murphy moved that the recommendation of City Solicitor Kint- zinger be approved and the City Audi- tor be instructed to draw a warrant in the amount of $150.00 payable to Mrs. Catherine Balcey as settlement itt full of her claim and that said warrant be delivered upon execution of a proper release by Mrs. Catherine Bakey. Sec- onded by Councilman Schueller. Car- ried by the following vote: Yeas-May- or Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. August 5, 1940. Honorable Mayor and Members of the City Council, City of Dubuque, Iowa, Gentlemen: With reference to the claim of Miss Leona DeSotel, 87 Nevada Street, Du- buque, Iowa, in which she claims that she fel( on a defective sidewalk in front of 1264 I,angworthy Avenue. I have 176 Regular Session, August 5th,-1940. made an investigation and seep the sidewalk. She has agreed to accept $15.00 in full paymeht of her claim. I am of the opinion that there is liability and recommeend that the claim be al- lowed in the sum of $15.00, that a war- rant be issued payable to Miss Leona DeSotel in the amount of $15.00, that the same be delivered to her upon the execution and delivery of a proper re- lease to the City of Dubuque. I am re- turning herewith her claim. I further wish to say that this sidewalk is in an unsafe and dangerous condition and that steps should be talcen to remedy the said condition, Respectfully submitted, JOHN J. KINTZINGI~R, City Solicitor. Councilman Murphy moved that the recommendation of City Solicitor Kint- zinger be approved and that the City Auditor be instructed to draw a war- rant in the amount of $15.00 in favor of Miss Leona DeSotel as settlement in full of her claim and that said warraht be delivered upon the execution of a proper release by Miss Leona DeSotel. Seconded by Councilman Van Duel- man. Carried by the following vote: Yeas-141ayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Resolution No. 74.40, Resolution and application for per- manent transfer of funds. Whereas, An emergency tax levy was made by the City Council of the City of Dubuque for use in supplement- ing the funds required for debt serv- ice doting the fiscal year beginning April 1, 1940 and ending March 31, 1941; upon authority and approval of the State Comptroller; and Whereas, As of the 31st of July, 1940, there was a cash balance in the Grading Fund of $3,998.14; and Whereas, There is now in the hands of the City Treasurer and accredited to the Emergency Fund the sum of $18,- 739.35, -which is available for transfer to the Grading Fund above referred to for debt service; and Whereas, On August 1, 1940, Grading Bonds in the amount of $7,000.00 ma- tured and Grading Bond Interest in the amount of $330.00 became due and pay- able; and Whereas, Ih order to pay the obliga- tions due it will be necessary to make a transfer of $7,330.00 from the Emer- gency Fund to the Garding Fund; and Whereas, Before any transfer can be made from the ]:mergency Fund to any other fund, an application must be made to the State Comptroller for authority to make the transfer and his approval secured thereon. Now, therefore, Be It Resolved, By the City Council of the City of Dubuque that, subject to the approval of the State Comp- troller, there be and there is hereby transferred from the $mergency Fund to the Grading Fund the sum of $7,- 330.00, and the State Comptroller is hereby petitioned to authorize and ap- prove such transfer. Be It Further Resolved, That, upon the approval of such transfer, the Au- ditor of the City of Dubuque is direct- ed to adjust his boolcs accordingly and notify the Treasurer of such transfer, and such notification shall be accom- panied by a copy of this resolution and the record of its adoption, The resolution was passed, adopted, and approved by unanimous action of the City Council on the Sth day of Au- gust, 1940, and all members thereof signed their names thereto. F. W. THOMPSON, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J, SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Thompson, Councilmen Murphy Schueller, Van Duelman, Wharton, Nays. None. Resolution No. 75-40. Whereas, Lots 30-31-32, 2 of S0, and 2 of 51 Bellevue Addition; Lot 2 of 1 of 138, 140 and 142 of L. H, Lang- worthy's Addition; Lot 17 C of Chas. Klingenberg's 4th Subdivision; City Lot 14; Lots 10 and 11 of the Subdivi- sion of the West % of Block 1 of Du- buque Harbor Company's Addition were sold to Dubuque County, Iowa by the County Treasurer of Dubuque County for delinquent taxes and un- paid taxes against the real estate; and Whereas, the said Dubuque County, Iowa acquired title to the above de- scribed real estate by Tax Deed from Leo J. Meuser, Treasurer of Dubu- que County, and Regular Session, August 5th, 1940. 177 Whereas, The said Dubuque County, Iowa now has offers for the sale of the various parcels as follows: Lots 30-31-32, 2 of SO and 2 of S1 Bellevue Addition_______$ 45.00 Lot 2 of 1 of 138, 140 and 142 L. H. Langworthy's Addi- tion ______________________ 10.00 Lot 17 C of Chas. Klingen- berg's 4th Subdivision______ 15.00 City Lot 14__________________ 2,500.00 Lots 10 and 11 of Subdivision of West % of Block 1 of Du- buque Harbor Company's Additiat __________________ 1,000.00 and Whereas, The offers above listed are less than the general taxes involved and as such require the approval of the majority of the levying bodies, now, therefore, Be It Resolved, By the City Council of the City of Dubuque, Iowa that the sale of above described property for the herein stated amounts is authorized and approved, Passed, adopted and approved this Sth day of August, 1940. F. W. THOMPSON, Mayor. FRANK VAN DU$LMAN, ALBERT WHARTON, B. A. SCHUELLER, GEO. R, MURPHY, Councilmen. Attest: J. J, SHEA, City Clerk. Councilman Schueller moved ,the adoption of the resolution. Seconded by Councilman Van Duelman, Carried by the following vote: Yeas -Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton, Nays-None. Resolution No. 76-40. A resolution providing for the Revis- ing, Amending and Consolidating of the Ordinances of the City of Dubuque, Iowa. Whereas, It is expedient that the ordinances of the City of Dubuque, Iowa should be revised, consolidated and arranged in a manner so as to pre- sent all of the ordinances which at present affect the operation of the vari- ous departments of the City, regulate the operation of the City's business and the conduct of its citizens, and, Whereas, It is deemed advisable that the ordinance now in existence should be bound in book form, consisting of two books, one book to be known as "Grade-Book Two" and the other book to be known as "Revised Ordinances of the City of Dubuque 1940-Book One," now, therefore, Be It Resolved, By the City Council of the City of Dubuque, Iowa that all of the ordinances of the City of Du- buque, should be revised and published in book form as stated above, and that such publication shall be sufficient pub- lication and they shall be in force from and after such publication. Adopted this Sth day of August, 1940.. F. W. THOMPSON, Mayor, FRANK VAN DUIaLMAN, ALB$RT WHARTON, B. A. SCHU1~I.L$R, . GBO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Schueller moved the adoption of the resolution. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Resolution No. 77-40, 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 follow- ing application be and the same are hereby approved and it is ordered that the premises to be occupied by such ap- plicants shall be forthwith inspected. Class "B" Permit Name Address 1Villiam C, and Florence Miller, 400 Central Avenue. Richard and Lillian Hogan, 1804 Cen- tral Avenue. Knights of Columbus, Dubuque Council No. 510, 781 Locust Street, Joseph J, and Evelyn Weiner, 709 Ju- lien Avenue, William Thorpe, 2403 Central Avenue, Philip Mihalakis and Viola Mihalakis, 1698 Maple Street. John J. and Marie Rettenmaier, 1'100 Lincoln Avenue. Wm. J. Clesen, 1097 Jackson Street. Passed, adopted and approved this Sth day of August, 1940. F. W. THOMPSON, Mayor. FRANK VAN DUELAIAN, ALBERT WHARTON, B. A, SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk, 178 Regular Session, August 5th, 1940, Councilman Schueller moved the adoption of the resolution. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Thomp- son, Councilmen Murphy, Schueller, Van Duelmati, Wharton. Nays-None. Resolution No. 78-40. Whereas, Heretofore applications were filed by the within named appli- cants far Class "B" Beer Permits and have receive'd' 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 proper 6ottd; 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 Name Address Willam C. and Florence Miller, 400 Central Avenue. Richard and Lillian Hagan, 1804 Cen- tral Avenue. Knights of Columbus, Dubuque Coun- cil No. 510,. 781 Locust Street. Joseph J, and Evelyn Weiner. 709 Ju- lien Avenue, William Thorpe, 2403 Central Avenue. Philip Mihalalcis and Viola Mihalakis, 1698 Maple Street. John J, and Marie Rettenmaier, 1100 Lincoln Avenue. Wm. J. Clesen, 1097 Jackson Street. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this Sth day of August, 1940. F. W. THOMPSON, Mayor. FRANK VAN DUEI,MAN, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. respects: By changing from "Two- Family Residence District= to "Mul- tiple Residence District" the area de- scribed as Lot 1 of Lot 3 of Mineral Lot 367 in the City of Dubuque, Iowa, presented and read. No written objec- tions filed and no objectors present in the~Council Chamber, Council Murphy moved that the proof of publication be received and filed, Seconded by Coun- cilman Van Duelman. Carried by the following vote: Yeas-Mayor Thomp- son, Councilmen Murphy Schueller, Van Duelman, Wharton, Nays-None. Ordinance No. 18-40. An Ordinance amending and changing Zoning Map of City of Dubuque as provided by Ordi- nance No. 3-34 designated "Zoning Or- dinance of the City of Dubuque" so as to change to "Multiple Residence Dis- trict," certain defined territory now de- limited as "Two-Family Residence Dis- trict" and declaring au emergency, pre- sented and read. Councilman Van Duelman moved that the reading just had to be considered the first reading of the ordinance. Seconded by Coun- cilman Wharton. Carried by the fol- lowing vote: Yeas-Mayor Thompson, Councilmen 11lurphy, Schueller, Van Duelman, Wharton. Nays -Noue. Councilman Van Duelman moved that the rules be suspended requiring an ordinance to be read ou three separate days. Seconded by Councilman Schueller. Carried by the following ~,ote: 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 Schueller. Carried by the following vote: Yeas- Mayor Thompson, Councilmen Mur- phy, Schueller, Van Duelman, Whar- ton. Nays-None. Councilman Van Duelman moved that the ordinance be placed on file with the City Clerk for public inspection for at (east one week before its final adoption. Seconded by Councilmen Schueller. Carried by the following vote: Yeas-Mayor Thomp- son, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Resolution No. 79-40. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman 1Vharton. Carried by the following vote: Yeas-Mayor Thomp- son, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-Noue. Proof of publication, certified to by the publisher, of nottce of a public hearing to be held upon a proposal to amend and change the Zoning Map of the City of Dubuque in the following Resolution approving a contract en- tered into between the City of Du- bttgtte and the Park Board of the City of Dubuque and the Dubuque Stone Products Company and directing the Mayor and Clerk of the City of Du- buque to execute the same in its be- half, Whereas, A certain agreement has been entered into dated August S, 1940, by and between the Park Board of the Regular Session, August 9th, 1940, ' 179 City of Dubuque and the Dubuque Stone Products Company with refer- ence to rock taken from the Eagle Point Park and that to be taken in the future; and Whereas, it is deemed advisable by the Council of the City of Dubuque that the City of Dubuque join into said contract with the Park Board of the City of Dubuque; and Whereas, A contract evidencing the agreement between the parties bas been prepared and is hereto attached: Now, Therefore, be it resolved by the Council of the City of Dubuque that said contract be and the same is hereby approved. Be it further resolved that upon the adoption of this Resolution and the ap- proval of said Contract ,that the May- or and Clerk of the City of Dubuque, he, and they are hereby authorized and directed to execute said Contract for and on behalf of the City of Du- buque. Passed, adopted and approved this Sth day of August, 1940. F, W. THOMPSON, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Attest: J. J. SHEA, City Clerlc. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Thomp- son, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. This agreement is triplicate made and entered into by and between the City of Dubuque, Iowa, and the Park Board of the City of Dubuque, Iowa, parties of the first part, and the Dubuque Stone Products Company of Dubuque, Iowa, party of the second part, Wit- nesseth; That Whereas, The City of Dubuque, Iowa, is the record title owner of Lot 2 of 1 of 1 of Mineral Lot 30S-A and of Lot 2 of 1 of 1 of 1 of Mineral Lot 30S-A all in Dubuque County, Iowa, same having been conveyor to said City for a public park, and Whereas, The Park Board of the City of Dubuque, Iowa, has heretofore en- tered into agreemenhs wlhereb'y the rock on said above described real es- tate was sold to party of the second part, which said agreements were never formally of record approved by the City of Dubuque, and Whereas, A resolution has been adopted by the Park Board of the City of Dubuque, Iowa, at a meeting held on August 12, 1939, that at the time the former agreements for the sale of rock of said lots were entered into, said lots were and are now not desirable for park purposes, and Whereas, Through mistake as to the true boundary of said Lot 2 of 1 of 1 of 1 of Mineral I,ot 30S-A the Dubuque Stone Products Company removed rock from an area beyond the boundary line of said lot, such area being now desig- nated by plat prepared by the City Engineer of the City of Dubuque, Iowa, as Lot 2 of 1 of 1 cf 1 of 1 of 1 of Mineral Lot 305-A; and Whereas, The Park Board of the City of Dubuque has received payment for the rock sold under its two said agree- ments. Now, Therefore, In order to compen- sate far the rock removed from Lot 2 of 1 of 1 of 1 of 1 of 1 of Mineral Lot 305-A and to designate the boundaries and limitations of the rock to be hence- forth taken from Lot Z of 1 of 1 of Mineral Lot 305-A and'for Lot 2 of 1 of 1 of 1 of Mineral Lot 305-A, the following is hereby mutually agreed to between the parties hereto, 1. That the Dubuque Stone Prod- ucts Company will pay to the City of Dubuque, Iowa, the sum of $6,300.00 upon the execution and due approval of this agreement. 2. That the Dubuque Stone Prod- ucts Company shall remove no more rock from Lot 2 of 1 of 1 of 1 of 1 of 1 of Mineral I,ot 305-A, 3. That the Dubuque Stone Prod- ucts Company shall not break the sur- face of the ground or remove rock be- yond the present face wall of Lot 2 of 1 of 1 of 1 of Mineral Lot 30S-A. 4, That the Dubuque Stone Prod- ucts Company shall have the right to go down and remove the rock and stone on the present worked area of Lot 2 of 1 of 1 of Mineral Lot 30S-A and Lot 2 of 1 of 1 of 1 of Mineral Lot 305-A to a depth on a level with the street grade of Rhomberg Avenue at the southerly boundary of Lot 2 of S of Mineral Lot 30S-A and that the bot- tom of the quarry shall be so worked that pools of water shlal not remain in said quarry. That the roadway into said quarry at the North end shall be used by the Dubuque Stone Products Company in its present now existing width of 40 ft.; and there shall be left 'rp,y i,,!; ,,,I,, , . ,,,,;, !'~',I,~ ii~~~~ i, ~d~'i 180 Session, August 5th, 1940. a ridge of rock abutting said quarry along the street from said roadway en- trance at the North end of said quarry to a point southerly along said street designated by an iron stake 492 feet South of said entrance; that if the rock abutting said street is removed from said iron stake to the South boundary line of Lot 2 of 5 of Ivlineral Lot 30S-A, so that the base of the quarry is below the level of the street and a hazat•d to travel on said street is thereby created, then, upon notification by the City of Dubuque to the Dubuque Stone Prod- ucts Company, the Dubuque Stone Products Company will forthwith erect at its owu expense a suitable guard rail along said street the full length of such hazard with a roadway opening into the said quarry with a gate at said opening. S. In consideration of the agree- ments herein contained to be performed by the Dubuque Stone Products Com- pany, the City of Dubuque and the Park Board of the City of Dubuque, sell and transfers to the Dubuque Stone Products Company all the rock on Lot 2 of 1 of 1 of Mineral Lot 30S-A and Lot 2 of 1 of 1 of. 1 of Mineral Lot 305-A, subject to the limitations above enumerated, and the period of time throughout which said party of the sec- ond part shall have the right to remove said rock shalt be twenty-five (25) years from the date hereof and any rock not removed during said period of 25 years shall revert to and remain the property of the City Dubuque. 6. It is further agreed by said party of the second part that for the time granted for the removal of said rock no advertising signs or other defacements shall be placed or permitted on the face or other parts of said rock unless permission therefore is granted by the said Park Board. 7. As between the parties hereto, and as between the party of the second part, the party of the second part as- sumes all liability for injuries or dam- age to workmen or others in any way growing out of the possession of, quar- rying or other opet•ations of the said party of the second part in or in con- nection with the said pooperty above described and agrees to hold the said parties of the first part harmless from all such damages. 8. It is understood that the westerly boundary lines of Lot 2 of 1 of 1 of 1 of Mineral Lot 305-A,shall be marked by the erection of permanent posts locat- ing all corners shown on the plats, and that the location of these posts were marked ott the copies of the plats filed in the offices of both parties. 9. It is understood that this agree- ment and all the provisions thereof shall inure to and be binding upon the successors or assigns of each of the parties hereto. 10. It is agreed between the parties hereto that the certain agreement ex- ecuted by the parties hereto on July 15th, 1939, and filed for Record July 17th, 1939 and recorded in Book 148, Page 43S of Dubuque County records, is by this instrument nullified. Signed in triplicate at Dubuque, Iowa, this 5th day of August, 1940. CITY OF DUBUQUE, IOWA, By F. W. THObIPSON, Mayor, BY J• J• SHEA, City Clerk. PARK BOARD OF THE CITY OP DUBUUE, By CHARLES T. LANDON, Chairman. By WILLIAM CLEIvIENS, Assistant Secretary. DUBUQUE STONE PRODUCTS COMPANY, By G. D. ROSE, President, By PAUL IvI. NAUMAN, Secretary and Treasurer. STATE OF IOWA, Dubuque County{ SS. Ou this 5th day of August A. D., before me, John G. Chalmers, a No- tary Public in and far Dubuque County, Iowa, personally appeared Charles T. Landon and William Clemens, Chair- man and Assistant Secretary respec- tively, of the Park Board of the City of Dubuque, Iowa, to me known to be the persons named in and who executed the foregoing instrument, and acknowl- edged that they executed the same as their voluntary act attd deed for and in behalf of the Park Board of the City of Dubuque, Iowa. JOHN G. CHALMERS, Notary Public itt and for Dubuque STATE OF IOWA, Dubuque County~SS. On this 5th day of August A. D., 19 ~0, before me, John. G. Chalmers, a Notary Public in and for said Dubu- que County, State of Iowa, personally appeared G. D. Rose, President and Paul M. Nauman, Secretary and Treas- urer, to me personally known, who be- ing duly sowrn did say that they are respectively the President, and the Sec- retary and Treasurer, of the Dubuque Stone Products Company, a corpora- tion organized under the laws of the State of Iowa, and that said corpora- tion has no corporate seal, and that Regular Session, said instrument was signed and exe- cuted iti behalf of said corporation by authority of its Board of Directors, and aclrnoa~ledged said instrument to be the voluntary act and deed of said cor- poration, JOHN G. CHALMERS, Notary Public in and for Dubuque County. STATE OF IOWA, Dubuque County ~ SS. On this 5th day of August A. D., 1940, before me, Geraldine L. Demkier, a Notary Public in and for Dubuque County, Iowa, personally appeared Frank Thompson, Mayor of the City of Dubuque, and J. J. Shea, Clerk of the City of Dubuque, to me personally known who being duly sworn did say that they are respectively the Mayor and Clerk of the City of Dubuque, Iowa, and that said instrument was signed and executed in behalf of the City of Dubuque by authority of the City Council of the City of Dubuque, and acknowledged said instrument to be the voluntary act and deed of the City of Dubuque, Iowa. GERALDINE L. DEMKIER, Notary Public in and for Dubuque County. Councilman Wharton moved that upon receipt of communication from the Retail Merchants Bureau, favoring a change in the parking regulations governing the four streets bordering Washington. Park so that parking on the East and West Streets will con- form with the two hour parking and that parking on the North and South Streets will conform with the one hour regulation, that the same be referred to the City Manager, Chief of Police and Manager of the Dubuque Automo- bile Club for their investigation and report. Seconded by Councilman Van Duelman. Carried by the following vote; Yeas-11layor Thompson, Coun- cilmen Murphy, Schueller, Van Duel- man Wharton. Nays-None, Attorney D. E. Maguire, represent- ing Nicholas Steichen, addressed the Council stating that since the Council has given assurance that the rights of his client would be protected then the objections submitted to the passage of Ordinance No. 13-40 would be with- drawn, Resolution No. 70-40, Resolution approving Contract with Dubuque Packing Company and direct- ing the Mayor and Clerk of the City of Dubuque to execute same in its be- half. Whereas, It is deemed advisable by the Council of the City of Dubuque to 5th, 1940. 181 reconstruct and rebuild i;he 'surface water drainage system on Toast 17th Street at or near Cedar Street in or- der that adequate provision be made for the collection and discharge of sur- face 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 Syc- amore Streets 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 streets from East 16th Street to East 18th Street to it, will pay the cost and expenses of con- structing 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 of the City of Dubuque that said contract be and the same is hereby approved. Be It Further Resolved; That this Resolution and the contracthereto attached be filed in the office of the Clerk for public inspection for at Jeast one week and that, thereafter, the Reso• lotion and Contract be considered for final approval and adoption. Be It Further Resolved, That, upon 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 exe- cute said Contract for and on behalf of the City of Dubuque. Introduced this twenty-third day of July, 1940• Passed, adopted and approved this Sth day of. August, 1940, F. W. THOMPSON, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, B, A. SCHUELLER, GEO. R. MURPHY, Councilmen, Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the Resolution. Second- ed by Councilman Wharton. Carried by the following vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller Van Duelman, Wharton, Nays-None. Contract and Agreement. Whereas, Surface waters from the North and West of East and West 17th Streets are directed to East and Nest 17th Streets and are drained upon I~ I I f',. 182 Regular Session, August 5th, 1940. Regular Session, August 5th, 1940. 183 the surface of said streets and are dis- charged into the B. Branch Sewer through openings constructed in the gutter located on the Nortlt and South sides of East 17th Streets at the al- ley lying between Cedar and Sycamore Streets; and Whereas, By reason of the great vol- ume of storm and surface waters which are drained upon said streets, the drain- age system as it now exists is inade- quate to speedily and effectively re- ceive such water with the result that they overflowed adjoining premises causing damages thereto and annoyance therefrom; and Whereas, In order to provide facili- ties for the receiving of surface and storm waters and the discharge of the same into the B. Branch Sewer it will be necessary to construct enlarged sewers and drains under the surface of the street and to reconstruct the B. Branch sewer to receive the water dis- charged therein, which improvements involve the expenditure of large sums of money by the City of Dubuque; and Whereas, Dubuque Packing Com- pany has petitioned the Council of the City of Dubuque for the vacation of East 17th Street from Cedar Street to Sycamore Street and that portion of the alley lying between such streets and extending from Toast 16th Street to East 18th Street and to convey said vacated areas to it; Whereas, The Council of the City of Dubuque is agreeable to the vaca- tion of said street and alley on condi- tion that said Dubuque Packing Com- pany will, at its own expense, construct sewer facilities on East 17th Street to afford adequate drainage of surface and storm water, as aforesaid, into the B. Branch Sewer, the character of such system of drainage, the dimensions thereof, the location and materials to be used to conform with plans and spe- cifications to be prepared by the City Manager and the same to he construct- ed under his supervision, direction and control; and Whereas, In the construction of such drainage system a public purpose of great value will be accomplished and a source of constant danger from over- flow and resulting damage will be elim- inated; from the north line of East 16th Street to the South line of East 18th Street and the conveyance of said vacated areas to Dubuque Packing Company, said Dubuque Packing Company will pay all of the costs and expenses of constructing a storm water sewer sys- tem in East 17th Street far the pur- pose of draining storm and surface waters into the B, Branch Sewer, said system to be constructed in accordance with plans and specifications to be pre- pared by the City Manager and under his supervision, direction and control, and said Dubuque Packing Company does hereby concur in said plans and specifications and agrees to waive any claim for damages which may result to said compa~ty on account of said sewer. Two. In any action brought in law or equity to challenge the validity of any ordinance vacating East 17th Street ft•om Cedar to Sycamore Street and/or the alley lying between Cedar and Sycamore Street from East 16th to East 18th Street, the Dubuque Packing Company will defend said action and save harmless the City of Dubuque from any loss, damages, or expenses which may be incurred as a result of the passage and adoption of such ordi- nances, and will pay any and all dam- ages and costs arising from such ac- tion. Three. In consideration of the pay- ment of al( costs and expenses of con- structing said sewer system for the purpose and in the manner aforesaid, said City of Dubuque will vacate East 17th Street and the portion of the alley above described and convey said va- cated areas to Dubuque Packing Com- pany under proper deed of conveyance containing such restrictions and rever- sions as may be contained within the vacation Ordinance. In Witness Whereof said City of Du- buque has caused this agreement to be executed by the Mayor and Clerk thereof pusruant to authority of a Resolution adopted by the City Coun- cil of said City, the Sth day of August, 1940, and Dubuque Packing Company has executed this agreement by its President for and in its behalf. A]( done at Dubuque, Iowa, this Sth day of August, 1940. CITY OF DUBUQUE, By F. W. THOMPSON, Mayor, By J. J. SHEA, Clerk. DUBUQUE PACKING COMPANY, By H. W. WAHI,ERT, President. Sycamore Street; also for the Vaca- tion of the Alley lying 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 Packing Company; and declaring an emergency, said ordinance having been passed upon first and sec- ond readings on July 23rd, 1940 and ordered placed on file for public inspec- tion with the City Clerk for at least one week before final adoption, pre- sented and read a third time. ORDINANCE N0. 13-40. An Ordinance Providing for the Va- cation of East 17th Street from the East Line of Cedar Street to the West line of Sycamore Street; also for the Vacation of the Alley .lying 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 Packing Company; and Declaring an Emergency, Whereas, East 17th Street from Cedar Street to Sycamore Street and the alley lying between Cedar and Sycamore streets fi•om East 16th Street to East 18th Street are located within ttte Heavy Industrial District of the City of Dubuque, as delimited by the Zoning Map of said City, and such portions of said street and alley are not needed for street purposes and the vacation thereof will not in- jure, damage ot• interfere with the use of or accessibility to private property situated within such district; and Whereas, Storm and surface waters are drained in large quantities upon the surface of East 17th Street, there being no sewer facilities con- structed therein, and such waters are discharged into the branch sewer through inlets constructed at the alley lying between Cedar and Sycamore streets; and Whereas, The existing facilities for the drainage of such waters are in- adequate and, because thereof, proper- ties adjacent to East 17th Street be- tween Cedar and Sycamore streets are subject to overflow and consequent damages; and Whereas, In the event of the vaca- tion of East 17th Street from Cedar to Sycamore Streets and the convey- ance of said portion of said street to tt, said Dubuque Packing Company agrees to construct enlarged sewer facilities for the handling of such storm and surface waters, resulting in a material benefit to the drainage area; and Whereas, The Planning and Zoning Commission of the City of Dubuque has examined into the advisability of vacating such ortions of said street P nd lie an h e to a a d a re mend d y s com this Council that such vjacation be made; Now, Therefore, BE IT OR- DAINDD BY THE CITY COUNCII, ~~I~~~'~;~~~','~, OF THE CITY OF DUBUQUE. . ,ii Par. 870, Section One. That East 17th Street from the easterly line of li 'I Cedar Street to the westerly line of I '' Sycamore Street, be, and the same is hereby vacated, ~~ Now, Therefore, It is agreed be- tween the parties hereto as follows: One. In consideration of the vaca- tion of East 17th Street from the east line of Cedar Street to the West line of Sycamore Streets and of the alley between Cedar and Sycamore Streets Ordinance No. 13-40. An Ordi- nance Providing for the Vacation of East 17th Street from the East Line of Cedar Street to the West Line of Par. 871 Section Two. That the alley lying between Cedar and Syca- more streets from East 16th Street to East 18th Street, be, and the same is hereby vacated. Par. 872, Section Three. That, in consideration of the sum of One ($1.00) Dollar, the receipt whereof is hereby ackowledged, and other valuable con- siderations, said vacated areas, be, and the same are hereby granted and con- veyed to Dubuque Packing Company, its successors and assigns; subject, however, to the ]imitation that, in the event said Company, its successors ot• assigns shall cease to use said prem- ises for industrial purpose, such va- cated areas shall revert to the City of Dubuque; and subject, further, to the reservation that all sewers located upon or within the vacated areas shall continue 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, subject further to the condition that in the event any re- pairs become necessary on the sew- ers herein referred to, and further that should said sewers cave in or Collapse in whole or in part, because of any actions or conduct upon the part of the Dubuque Packing Company its agents or employes, said sewers shall be repaired or rebuilt at the ex- pense of the Dubuque Packing Com- pany; no structures of any kind shall be superimposed on any of said sewers or erected in the sewers without first obtaining the consent of the City of Dubuque; and the' Deed hereinafter re- ferred to shall be so conditioned. Par. 873. Section Four. That said grantee be, and it is hereby authorized and directed to cause a plat of said vacated areas to be made and filed for record 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 'Cleric of said City are hereby authorized to execute said Deed on behalf of the City of Dubuque, (i, ,,~bj (,,VsJd"".I 184 Regular Session, August 5th, 1940. ~ Regular Session, August.5th, 1940. 185 Par. 874. Section Five. That the Clerk, be, and he fs hereby directed to fide in the office of the Recorder of Dubuque County, a certified copy of this Ordinance. Par. 875 Section Six, 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 approved by the City Council and pub- lication as provided by law, and when the same has been accepted by said Dubuque Packing Company, which ac- ceptance shall be endorsed hereon, and when the cost and expense of publish- ing the same has been paid by said Company, Passed upon first and second read- ings this 23rd day of July, 1940. Passed, adopted and approved upon final reading this 5th day of August, 1940. F. W. THOMPSON, -4ayor. FRANK VAN DUEI,MAN, ALBERT WHARTON, B. A. SCHUEI,I,ER, GEO. R. MURPHY, Councilmen. Attest: J, J. SHEA, City Clerk. ACCEPTANCE OF ORDINANCE N0. 13-40, Dubuque Packing Company, having knowledge of all the terms and con- ditions of Ordinance No. 13-40, does hereby accept Ordinance No. 13-40 as adopted by the City Council of the City of Dubuque on the Sth day of August, 1940. Signed this 7th day of August, 1940, DUBUQUE PACKING COMPANY, By H. W. WAHI,ERT. Published officially in the Telegraph Herald newspaper this 9th day of Au gust, 1940. J. J. SHEA, City Clerk. 8-9-1t. Councilman Van Duelman moved the adoption of the ordinance. Second- ed, by Councilman Wharton. Carried by the following vote: Yeas-May- or Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Ordinance No. 14-40. An Ordinance granting to Dubuque Packing Com- pany, its successors 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 replace the sidewalk on East 16th Street; prescribing the conditions of such permit and declaring an emer- gency, said ordinance having been passed upon first and second readings on July 23rd, 1940 and ordered placed on file for public inspection with the City Clerk for at least one week be- fore final adoption, presented and read a third time. ORDINANCE N0. 14.40. An Ordinance granting to Dubuque Packing Company, Its Successors 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 por- tion of East 18th Street with Stock- yards; also the right to replace the sidewalk on East 16th street; pre- scribing the conditions of such permit and declaring an emergency. B$ IT ORDAINED BY THE CITY COUNCIL, OF THE CITY OF DUBUQUE: Par. 876. Section One. That Du- buque Packing Company, its succes- sors and assigns, be, and it is hereby granted the right and autl~'ority to construct and maintain a loading plat- form not exceeding 12 feet in width ou the easterly side of Cedar street beginning at the north line of East 16th street and extending thence north- erly to the south line of East 17th street; thence across East 17th street to the north line of East 17th street; and thence northerly from the north lineof East 17th Street to the south line of East 18th Street. Par, 877. Section Two. That said Company, its succesors and assigns, be, and it is hereby granted the right and authority to construct and main- tain aloading platform not exceed- iug 12 feet in width on the southerly side of East 18th street from the easterly line of Cedar Street to the westerly line of the alley lying be- tween Cedar and Sycamore streets. Par. 879. Section Four. That said Company, be, ahd it is hereby granted the right and authority to remove the curb and sidewalk as now constructed on the north side of East 16th street from Cedar street easterly along its existing plant and to reconstruct a sidewalk threat having a sloping sur- face from the gutter line to the build- ing. Par. 880. Section Five. That such loading platforms and sidewalks shall be constructed under the supervision of the City Manager, and the Building and Street Commissioners. Par. 881. Section Six. That said Company, its successors and assigns, shall have the right and authority to occupy with a portion of its stock- yards 12 feet in width of the south side of East 18th street extending from the easterly line of the alley be- tween Cedar and Sycamore streets to the westerly line of Sycamore street. Par. 382. Section Seven. It is un- derstood and provided that the right and permission to use and occcupy such portions of such streets for the purposes herein stated is subject to the continuous control of the City Council of this City, reserving the right to said Council to impose re- strictions or conditions upon the en- joyment thereof as may be reasonably necessary for the protection of the pub- lic interest, including the right to re- voke and rescind such right and per- mission if at any time the public inter- est should require such revocation, Par, 883. Section Eight. As a further consideration for the rights and privileges hereby granted, said Du- buque Packing Company, its succes- sors and assigns shall assume all lia- bility for damages to persons or prop- erty which might result from the con- struction and maintenance of the struc- tures herein authorized and said Du- buque Packing Company, at its own expense, agrees to defend any and all claims and actions which may be brought against the City because of the structures herein referred to, and should the City be required to pay any amount for damages because thereof, the Dubuque Packing Company agrees to reimburse the City therefor, and shall hold the City of Dubuque harm- less from any of such damages. Par. 884. Section Nine. Should the rights and privileges herein granted be rescinded or revoked, said Dubuque Packing Company, its successors and assigns, at its own expense and upon the receipt of reasonable notice, shall remove the structures herein author- ized and restore the streets to as good condition as they were in before such structures were constructed. Par. 885. Section Ten. This Ordi- nance being deemed urgent and in the interest of the public welfare shall become effective upon its final pas- sage, adoption and approval by the City Council and publication as pro- vided by law, and the rights hereun- der shall accrue to Dubuque Packing Company, its successors and assigns, when this Ordinance has been accepted by said Company, which acceptance shall be endorsed hereon, and when the cost and expense of publishing the same has been paid by said Company, Passed upon first and second read- ings this 23rd day of July, 1940. Passed, adopted and approved upon final, reading this 5th day of August, 1940. F. W, THOMPSON, Mayor. FRANK VAN DUELMAN, ALBERT WHAItTON, B. A. SCHUEI,LER, GEO. R. MURPHY, Councilmen, Attest: J. J. SHEA, City Clerk. ACCEPTANCE OF ORDINANCE N0. 14-40. Dubuque Packing Company, hav- ing knowledge of all the terms and conditions of Ordinance No. 114-40, does hereby accept Ordinance No. 14-40 as adopted by the City Council of the City of Dubuque on the 5th day of August, 1940. Signed this 7th day of August, 1940. DUBUQUE PACKING COMPANY, By H. W. WAHI,ERT, President, Published officially in the Telegraph- Herald newspaper this 9th day of Au- gust, 1940. J. J. SHEA, City Clerk, 8-9-1t. Councilman Van Duelman moved the adoption of the ordinance. Seconded by Councilman Wharton. Carried by the following vote:: Yeas-Mayor Thomp- son, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None, Par. 878. Section Three. That said Company, its successors and assigns, be, and it is hereby granted the right and authority to construct and main- tain aloading platform not exceeding 12 feet in width on the westerly side of Sycamore street beginning at the north line of East 16th street and thence extending northerly to the south end of and connecting with the existing platform. There being no further business Councilman Wharton moved to ad- journ. Seconded by Councilman Van 186 Special Session, August 9th, 1940. ~ Special Session, August 9th, 1940. 187 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. Ccuncilmcn: 1______________________ Attest: ------------------------------ City Clerk. City Council (Official) Special Session, August 9th, 1940• Council met at 7:45 P. M. Present-Mayor Thompson, Council- men Murphy, Schueller, Van Duelman, Wharton, City Manager Rhomberg. Meeting called by order of Council- men Schueller and Murphy Mayor Thompson read the call and stated that service thereof had been duly made and that this meeting is call- ed for the purpose of conducting a publir. hearing on the Budget Estimate of Expenditures for the fiscal year be- ginning April 1st, 1941 and ending March 31st, 1942, as a basis for the tax levy for the year 1940, the same to be collected in the year 1941 and acting on any other business as may property come before a regular meeting of the City Council. Proof of publication, certified to by the publishers, of notice of a public hearing upon the Budget Estimate of Expenditures for the fiscal year begin- ning April 1st, 1941 and ending March 31st,~1942, as a basis for the tax levy for the year 1940, the same to be col- lected in the year 1941 presented and read. No written objections filed and no objectors present in the Council Chamber to the Budget Estimate of Expenditures for the fiscal year begin- ning April 1st, 1941 and ending March 31st, 1942. Councilman Van Duelman moved that the proof of publication be received and filed. Seconded by Coun- cilman Wharton. Carried by the fol- lowing vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. BUDGET ESTIMATE AND RECORD OF FILING CITY ESTIMATE NOTICE-The City Council of City of Dubuque of Dubuque County, Iowa, mill meet August 9th, 1940, at 7:30 p. m. at the Council Chamber in the City Hall, Taxpayers will be heard for or against the following estimate of expenditures at that time. 1. I• SHEA, 7-17-1t City Clerk. 1 2 I 3 4 S 6 7 m ro v u ~ N A ro~v o .; Nbm ~ M b eb "`dm b ~c ~vHo u~,ro a~ .S ~w rov y,, by Z a°' ~ m q ° m ~ a~x ~ o v ~ v0.1h o a~ a~ '~ o • .. ~k~V Ncd t~C7 • mew F' • ~Oa+cd cy~ c GyO~ rn kOM ~` co ~~M ~' w aww~ ~x~~ woo wHo~ ~zH~ ww ww , General ____$236,200 $ 28,308 $______ $ 66,600) $______ $ 237,338 $226,216 Improvement 15,000 3,446 ______ ______) ______ 11,183 5,584 Grading ____ 10,000 3,019 ______ ) 237,500 7,330 4,676 Sewer ______ 3,000 1,197 ______ ) ______ 1,918 846 Light ______ 39,800 7,361 ______ ) ______ 39,371 ------ 45,510 Consolidated , Tax ______ 304,000 ______ ______ 66,500 237,500 297,140 282,832 Fire Equipment 12,548 2,510 ______ ______ 12,548 19,866 1,595 Fire Maintenance 114,120 13,576 ______ ______ 114,120 112,235 103,919 Firemen's Pension __ 22,828 11,681 3,527 1,700 17,601 18,789 17,663 Garbage Dis- posal & Street Cleaning __ 16,719 4,679 ______ ______ 16,719 12,840 38,888 Library ____ 30,884 2,204 ______ 2,500 28,384 27,981 28,805 Waterworks 160,450 14,197 10,000 180,480 _____: 327,279 143,547 Park ______ 23,446 1,128 1,500 750 21,196 21,497 22,930 Policemen's Pension __ 15,148 7,935 2,467 1,150 11,531 11,735 10,776 Bond ________ 63,080) 27,572 ______ ______ 63,080 55,000 95,000 Bond Interest 22,553) ______ ______ ______ 22,883 26,358 47,512 Emergency _ 33,914 3,799 ______ ______ 33,914 30,588 13,625 Dock Bond & Interest ___ 38,675 11,661 1,980 ______ 36,695 36,219 27,425 Main Sewer 15,770 2,765 ______ ______ 15,770 15,274 11,739 Dock Oper __ 18,957 3,306 ______ 2,000 16,957 19,910 15,283 Playground & Swimming Pool _,____ 15,793 2,490 ______ 3,075 12,718 15,223 12,923 Snow Removal 6,138 201 ______ ______ 6,138 5,597 ______ Totals ____$915,023 $150,032 $ 19,474 $228,125 $667,424 $1 ,053,498 $871,429 Estimated 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 Moneys and Credits (1939) at 2 mills___________ ___________ ______ 176,769 188 Resolution No, 80-40. Session, August 9th, 1940. tiVhereas, The Council of the City of Dubuque caused to be prepared and published, as provided by law, the Budget Estimate of Expenditures for the fiscal year beginning April 1, 1941 and ending March 31, 1942, and the hearing upon said Budget Estimate was fixed for the 9th day of August, 1940, at 7:'30 p. m., at the Council Cham- ber in the City Hall; and Whereas, This being the time and place set for said hearing, said Budget Estimate was taken up for final consid- eration by the Council and all taxpay- ers have been given an opportunity to be heard for or against said Budget Es- timate. It Is Therefore Resolved by the City Council of the City of Dubuque, Iowa; That the Budget Estimate of Expen- ditures for the fiscal year beginning April 1, 1941 and ending March 31, 1942 heretofore prepared and published be and the same is hereby finally ap- proved attd adopted and the Mayor and Clerk are directed to certify the seine to the County Auditor of Du- buque County, Iowa, together with the verified proof of publication and the notice of hearing upon said Budget Es- timate. Be It Further Resolved, That the taxes required to be collected in tfie year 1941 be and the same are hereby levied in the various funds in the amounts shown in said Budget Esti- mate. Passed, adopted and approved this 9th day of August, 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. Carried by the following vote: Yeas-Ma}=or Thomp- son, Councilten Murphy, Schueller, Van Duelman, Wharton. Nays-None. Resolution No. 81-40. A resohttion establishing the tax levies for the year 1940, the taxes to be collected in the year 1941 and used for Municipal purposes of the City of Dubuque. Be It Resolved by the City Council of the City of Dubuque that there be and there is hereby levied the taxes for Municipal purposes for the ensu- ing year 1941 of the following num- ber of mills on the dollar of all taxable property within the corporate limits of said City. 7.000 mills for Consolidated Tax as provided for Section 6217 of the Code of Iowa, 1939. 0.665 mills for Bond Interest Fund, 1.860 tnilis for Bond Retirement Fund. 3.365 mills for Fire Maintenance Fund. 0.375 mills for Fire Equipment Fund. 0.493 mills for Garbage and Street Cleaning Fund, 0.625 mills for Park Fund. 0.340 mills for Police Pension Futtd. O.S19 mills for Fire Pension Fttnd. 0.835 mills for Library Fund. 0.465 mills for Maiu Sewer Fund 0.375 mills for Playground and Swim- ming Pool Fund. 0.500 mills for Doclc Fund. 1.082 mills for Dock Bond and inter- est Fund. 0.181 mills for Snow Removal Fund, 1.000 mills for Emergency Fund. Be It Further Resolved, That 2.085 mills on the dollar is hereby levied upon al] lots or parcels of land contain- ing ten acres or more which are oc- cupied in good faith and used for agri- cultural or horticultural purposes, Be It Further Resolved, That all property within the corporate limits of said City is hereby determined to re- ceive benefits from each of the said tax levies, Be It Further Resolved, That the Mayor and Clerk be and they are here- by directed to certify the sums of honey that the said tax levies will pro- duce, as shown by the Budget Esti- mate of )expenditures adopted by this Council on the 9th day of August, 1940, to the Auditor of Dubuque Coun- ty on or before August 15th, 1940. Passed, adopted and approved this 9th day of August, 1940. F. 1V. THOMPSON, iVlayor. FRANK VAN DUF,LMAN, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen, Attest: J. J. SHEA, City Clerk. Councilman Murphy moved the adoption of the resolution, Seconded by Councilman Schueller. Carried by the Special Session, August 9th, 1940. following vote: Yeas-Mayor Thomp- son, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Resolution No. 74-44, Resolution and application far perma- nent transfer of funds. Whereas, An emergency tax levy was made by the City Council of the City of Dubuque for use in supplementing the funds required for debt service during the fiscal year beginning April 1, 1940, and ending March 31, 1941, upon au- thority and approval of the State Comptroller; and Whereas, As of the 31st of July, 1940, there was a cash balance in the Gard- ing Fund of $3,998.14; and Whereas, There is now in the hands of the City Treasurer and credited to the Emergency Fund the sum of $18,- 739.35, which is available for transfer to the Grading Fund above referred to for debt service; and Whereas, On August 1, 1940, Grad- ing Bonds in the amount of $7,000.00 matured and Grading Bond Interest in the amount of $330.00 became due and payable; and Whereas, In order to pay the obli- gations due it will be necessary to make a transfer of $7,330.00 from the $mergency Fund to the Grading Fund; and TVhereas, Before any transfer can be made from the Emergency Fund to any other fund, an application must be made to the State Comptroller for authority to tnake the transfer and his approval secured thereon; Now, therefore, Be It Resolved, By the City Council of the City of Dubuque that, subject to the approval of the State Comp- troller, there be attd there is hereby transferred from the Emergency Fund to the Grading Fund the sum of $7,- 330.D0, and the State Comptroller is hereby petitioned to authorize and ap- prove such transfer. Be It Further Resolved, That, upon the approval of such transfer, the Audi- tor of the City of Dubuque is directed to adjust his books accordingly and tto- tify the Treasurer of such transfer, and such notification shall be accompanied by a copy of this resolution and the record of its adoption. The Resolution was passed, adopted, and approved by unanimous action of the City Council of the 5th day of Au- 189 gust, 1940, and all members thereof signed their names thereto. F. W. TId,OMPSON, Mayor. FRANK VAN DUEI,MAN, ALBERT WHARTON, B, A, SCHUEI.I,13R, GEO. R, MURPHY, Councifnten. Attest: J. J. SHEA, City Clerk, The foregoing resolution and applica- tion having been filed with the State Comptroller, the transfer requested is approved this 7th day of August, 1940. C. FRED PORTER, State Comptroller. Counlilman Van Duelman moved that the approval of C. Fred Porter, State Comptroller, be received and made a matter of record. Seconded by Coun- cilman Wharton, Carried by the follow- ing vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, 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 Van Duelman, Carried by the following vote:Yeas -Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. The matter of the gases coming from the Rock Wool Plant was discussed at some length by the residents in the neighborhood, a representative of the Rock Wool Company and the Coun- cil. This matter having been referred to the Health Department, for the tak- ing of samples of air in this neighbor- hood to ascertain if gases exists as complained of, and for a report, and as no such report has been made at this time, the Mayor stated that upon receipt of a report from the Health De- partment that a meeting of the Board of Health would be called and that all interested parties would be notified as to the time of holding of said meeting. Petition of Dubuque Policemens Pro- tective Association requesting permis- sion for the placing of a banner across Main Street at Fifth Street during the convention of the Iowa State Police- men's Association presented and read. Councilman Wharton moved that,the request be granted. Seconded by Coun- cilmatt Van Duelman. Carried by the following vote: Yeas-Mayor Thomp- son, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. 190 Special Session, August 9th, 1940. August 8, 1940, To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the session of the City Council held August Sth, 1940 a request for a change m .the parking regulations around Washington Park was pre- sented. A motion was adopted that upon receipt of a communication from the Retail Merchants' Bureau favoring this plan the same be referred to the City Manager, Chief of Police and C. E• Rhoades, Manager of the Dubuque Au- tomobile Club for investigation and report. Such communication has been received under date of August 6th. Pursuant to your instructions we have made an investigation and find that the parking regulations around Washington Park are not serving the purpose for which they were intended. The intent of restricting parking around the four sides of Washington Park to one-half hour from 7:00 a. m. to 9:00 a. m, and from noon to 1:30 p. m. only, . was to provide a convenient parlring for the cars of shoppers, particularly those from out of the city. Our investiga- tion discloses that less than / of the spaces are or can be used by such shoppers, for the reason that many per- sons employed in the vicinity leave their cars around the park from 8:30 a. m until noon and from 1:00 p. m. until closing time. We recommend that Ordiance No. 1-39 which amended Ordinance No. 10-37 be changed so as to restrict park- ing around Washington Park to one hour from 9:00 to 6:00 p. m. on the Bluff and Locust Streets sides and two hours from 9:00 a. m. to 6:00 p. m. on the West Sixth and West Seventh Streets sides. Respectfully submitted, C. E. RHOADES, Manager, Dubuque Automobile Club. JOS. H. STRUB, Chief of Police. A. A. RHOMBERG, City Manager. Councilman Van Duelman moved that the communication be referred to the City Council. Seconded by Coun- cilman Schueller. Carried by the fol- lowing vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None, August 8, 1940. Honorable Mayor and Members of the City Council, City of Dubuque. Gentlemen: I herewith return to you the peti- tion of Della C. Thul for cancellation of taxes on Lot 3 and the South 2 feet 6 inches of 2, Kleinschmidt's Subdivi- sion, in the City of Dubuque and with reference thereto report as follows: Said petition is made in conformity with the law; that the City Council of the City of Dubuque should approve said petition and notification thereof should be given to the Board of Super- visors of Dubuque County, Iowa. Respectfully submitted, JOHN J. KINTZINGER, City Solicitor. Councilman Murphy moved that the report of City Solicitor Kintzinger be approved and the petition of Della C. Thul requesting cancellation of taxes on Lot 3 and the South 2 feet 6 inches of Lot 2 of Kleinschmidt's Subdivision ordered granted and the Board of Su- pervisors to be notified of the action of the City Council. Seconded by Coun- cilman Van Duelman. Carried by the following vote: Yeas-Mayor Thomp- son, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. August 7, 1940. Honorable Mayor and Members of the City Coucnil, City of Dubuque. Gentlemen: With reference to whom may be ob- jectors to the proposed Resolution of Necessity of the Sanitary Sewer job in Concord Street, it is provided by statute, Section S99S: "The .Council shall fix the time for the consideration of the proposed Res- olution of Necessity, at which time the owhers of property subject to assess- ment for the proposed improvement of sewer may appear and make objections to the boundaries of the proposed dis- trict, to the cost of improvement, to the amount proposed to be assessed against any lot, and to the passage of the pro- posed Resolution." "Resident property owners only may protest' Kirkland vs. Board. of Public Works, 142 Ind. 123, 41 N.E. 374. "Those not affected by the proposed improvement cannot protest." Fairchild vs. Holton, 101 Kan. 330, 166 Pac. 503. The only parties. entitled to object are those listed in the statute as above set forth. Very truly yours, JOHN J. KINTZINGER, City Solicitor. Councilman Van Duelman moved that the opinion of City Solicitor Kint- ziuger be received and made a matter of record. Seconded by Councilman Wharton. Carried by the following Special Session, August 9th, 1940. 191 vote: Yeas-Mayor Thompson, Mur- phy, Schueller, Van Duelman, Whar- ton. Nays-None. Resolution No. 82-40. A resolution containing the decision of the City Council upon objections to plans, speci- fications, form of contract and cost of improvement for the construction of an eight inch vitrified file 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 o$ Coates Street about four hundred and seventy- four feet southerly, presented and read. Councilman Wharton 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, Wharton. Nays-None, Proof of publication, certified to by the publishers, of notice of pendency of Resolution of Necessity for the con- struction of an eight inch vitrified file 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 Ave- nue and in Fremont Avenue from the center of Coates Street about four hun- dred and seventy-four feet southerly presented and read. Councilman Mur- phy moved that the proof of publica- tion be received and filed. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Thompson, 'Councilmen Murphy, Schueler, Van Duelman, Wharton, Nays-None. Resolution No. 68-40. Resolution of Necessity for the construction of an eight inch vitrified file sanitary sewer in Concord Street from the present wet well in Concord Street and Marion Sheet 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, said resolution hav- ing been introduced, approved and placed on file with the City Clerk on July 15th, 1940 presented and read for final adoption. Councilman Wharton moved the adoption of the resolution. Seconded by Councilman Schueller. Carried by the following vote: Yeas- Mayor Thompson, Councilmen Mur- phy, Schueller, Van Duelman, Whar- ton. Nays-None. Resolution No. 83-40. Resolution I ordering construction and directing the I City Clerk to advertise for bids for the construction of an eight inch, vitrified file 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 cen- ter of Coates Street about four hun- dred and seventy-four feet southerly presented and read. Councilman Wharton moved the adoption of the resolution. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Thompson, Coun- cilman Murphy, Schueller, Van Duel- man, Wharton. Nays-None, Resolution No. 84-40. 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 applications be and the same are here- by approved and it is ordered that the premises to be occupied by such appli- cants shall be forthwith inspected. Class "B" Permit Name Address W. F. Trimpler and Ruth Trimpler, (Transfer of address from 1654 Cen- tral Avenue), 6S9 Central Avenue. Roy A. Wright and Esther Wright (Transfer of address from 2600 Cen- tral Avenue), 2600 Jackson Street. Passed, adopted and approved this 9th day of August, 1940. F. W. THOMPSON, Mayor, FRANK VAN DUELMAN, ALBERT WHARTON, B. A. SCHUELLER, GEO, R. MURPHY, Councilmen. Attest: J.J. SHEA, City Clerk. Councilman Schueller moved the adoption of the resolution, Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Thomp- son, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Resolution No. 85-40. Whereas, Heretofore application was filed by the within named applicants for Class "B" Beer Permit and has re- ceived 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 192 Special Session, August 9th, 1940. 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 persons a Beer Permit. Class "B" Permit Name Address Wm. F. Trimpler and Ruth Trimpler Transfer of address from 1654 Cen- tral Avenue), 659 Central Avenue. Be It Further Resolved, That the bond filed by such applicants be and the same is hereby approved. Passed, adopted and approved this 9th day of August, 1940. F. W. THOMPSON, Mayor, FRANI~ VAN DU1~I,MAN, AI,BIaRT WHARTON, B. A. SCHUI;I,I,$R, G>aO. R. MURPHY, Councilmen. Attest: J. J. SH$A, City Cleric. 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. Ordinance No. 19-40. An Ordinance grouting to Interstate Power Company of Dubuque, Iowa, its successors or as- signs, the right to construct and main- tain aTruss or Trusses across the Al- ley between Second and Third Streets and Main and Iowa Streets, near the Julien Hotel, and extending from a pole on the West Side of said Alley to a pole on the $ast Side of said Alley, and prescribing the conditions of such per- mit, presented and read. Councilman Van Duelman moved that the reading just 'had be considered the first read- ing of the ordiance. 'Seconded by Councilman Wharton, Carried by the following vote: Yeas-Mayor Thomp- son, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Councilman Van Duelman moved that the rules be suspended requiring an or- dinance to be read on three separate days. Seconded by Councilman Schuel- ler. Carried by the following vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. The ordinance was then read a second time. Council- man Van Duelman moved that the reading just had be considered the sec- ond reading of the ordinance, Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton, Nays-None. Councilman Van Duel- man moved that the ordinance be placed on file with the City Clerk for public inspection for at least one week before its final adoption. Seconded by Coun- cilman Schueller, Carried by the fol- lowing vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Mr. Paul Mathis addressed the Coun- cil suggesting that the City Hall be re- modeled and beautified, Councilman Wharton moved that the verbalsugges- tion of Mr. Paul Mathis be referred to. the City Council for further consider- ation. Seconded by Councilman Mur- phy. 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 Schueller. Carried by the following vote: Yeas-Mayor Thompson, Coun- cilmen Murphy, Schueler, Van Duel- man, Wharton. Nays-None. J. J. SH1aA, City Clerk. Approved -----------------------1940. Adopted ------------------------1940. Councilmen: {____________ Attest: ------------------------------ City Cleric. City Council (Official) Regular Session, September 2nd, 1940. No members of the Council being present on roll call, the meeting was postponed subject to call. J. J. SH$A, City Clerk. Approved -----------------------1940. Adopted ________________________1940. --------------------- -- -- --- --- -- -- Councilmen: ______________________ -- - ------------------ -- Attest: ---------------------------- City Cleric. Regular Session, September 2nd, 1940. 193