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1940 November Council Proceedings224 October 29th, 1940. 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. 103.40. Whereas, Hertofore application was filed by the within named applicant for Class "B" Permit and has received the approval of this Council; and Whereas, The premises to be occu- pied by such applicant have been in- spected and found to comply with the ordinances of this'City and he has filed a proper bond; Now, Therefore, Be It Resolved, By the Council of the City of Dubuque that the Manager be and he is hereby directed to issue to the following named person a Beer Permit. Class "B" Permit. Name Address John Peed (Transfer of address from 509 Eighth Ave.) 2600 Central Ave. Be It Further Resolved, That the bond filed by such applicant be, and the same is hereby approved. Passed, adopted and approved this 29th day of October, 1940. F. W. THOMPSON, Mayor. FRANK VAN DUEI,MAN, ALBERT WHARTON, B. A. SCHUEIaIaER, 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 followinv vote; Yeas -Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. There being no further business, Councilman Murphy moved to adjourn. Seconded by Councilman Van Duel- man, Carried by the following vote: Yeas-Mayor Thompson, .Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. J. J. SHEA, City Clerk, Approved -----------------------1941. Adopted ------------------------1941. Councilmen; {______________________ Attest: --------------------------- City Clerk. Regular Session, November 4th, 1940. 225 City Council (Official.) Regular Session, November 4th, 1940, Council met at 8:10 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. Notice of Claim of Julia Carter in an unstated amount for personal injuries sustained in a fall on a defective side- walk in front of No. 784 Dodge Street presented and read. Councilman Mur- phy moved that the Notice of Claim be referred to the City Solicitor for inves- tigation and report, Seconded by Coun- c~lman Wharton. Carried by the fol- lowing vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Communication of $. E. Frith Com- pany, by $, T. Frith, advising Council that the agreement as proposed by the Chicago, Milwaukee, St. Paul & Pacific Railroad Company was satisfactory to them, said agreement being in lieu of opening their railroad crossing on Eighteenth Street that they are wdling to pave with concrete the two blocks on Sycamore Street from Sixteenth to Eighteenth, including the Eighteenth Street crossing (this is the South side of Sixteenth Street and the North side of Eighteenth Street) and is'to be thir- ty (30) feet wide, presented and read. Councilman Murphy moved that the City Manager be instructed to proceed no further in regard to the instructions heretofore given him in reference to the ppening of Eighteenth Street at the Railroad Tracks, Seconded by'Coun- cilman Wharton. Carried by the fol- lowing vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None, Petition of Clarence E. and Melitta S. Walz amending their former petition of October 29th, and submitting an of- fer in the atpount of $5.00 for the can- cellation of the special assessment re- ferred to in their former petition and levied against I,ot 6 in Pinehurst, pre- sented and read. City Solicitor Kintz- inger recommended that the offer be accepted. Councilman Van Duelman moved that the verbal recommendation of City Solicitor Kintzinger be approved and that the City Auditor be instructed to draw a warrant in the amount of $20.92 on the Improvement Fund in favor of the Special Bonded Fund to cover the amount of the unpaid special assessment ordered cancelled against I,ot 6 in Pinehurst. Seconded by Coun- cilman Wharton. Carried by the fol- lowing vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton, Nays-None. Petition of George J. Haupert et al, property owners and residents in the vicinity of the grounds and buildings formerly occupied by the Corn Belt Packing Company, requesting the City Council to use every effort in prevent- ing the occupancy of these buildings and ground by an industry such as a packing plant or any other type of in- dustry which will be of an objectionable nature, presented and read, Council- man Van Duelman moved that the pe- tition be referred to the Council. Sec- onded by Councilman Schueller. Car- ried by the following vote: Yeas- Mayor Thompson, Councilmen Mur- phy, Schueller, Van Duelman, Whar- ton. Nays-None. Councilman Wharton moved that the rules be suspended for the purpose of allowing any one present in the Council Chamber, who wishes to do so, to ad- dress the Council. Seconded by ;Coun- cilman Van Duelman. Carried by the following vote: Yeas-Mayor Thomp- son, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None, Messrs. $. Marshall Thomas, Attorney, representing the H. & W. Motor Ex- press Company, I)r, W. A. Johnston and Titus B. Schmid addressed the Council requesting Council action upon the proposal submitted by the H. & W. Motor Express Company for the ~ur- chase of the grounds and buildings for- merly occupied by the Corn Belt Pack- ing Company, Councilman Wharton moved that the City Solicitor be in- structed to prepare a resolution to be submitted for Council action at a meet- ing to be held November 14th, 1940, covering the sale of the Corn Belt Buildings and Grounds, this resolution to be submitted to the County Board of Supervisors and containing Deed re. strictions against the use of said prop- erty for slaughter house, stock yards, fertilizer manufacturing, rendering plants and such other objectionable in- dustrial uses. Seconded by Councilman Van Duelman.'Carried by the following vote: YeasMayor Thompson, Council- men Murphy, Van Duelman, Wharton, Nays_Councilman Schueller. November 4, 1940, Honorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen-I herewith return peti- tion for Cancellation of taxes filed by Frank B. Hird and with reference thereto, report as follows: 224 October 29th, 1940. 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. 103.40. Whereas, Hertofore application was filed by the within named applicant for Class "B" Permit and has received the approval of this Council; and Whereas, The premises to be occu- pied by such applicant have been in- spected and found to comply with the ordinances of this'City and he has filed a proper bond; Now, Therefore, Be It Resolved, By the Council of the City of Dubuque that the Manager be and he is hereby directed to issue to the following named person a Beer Permit, Class "B" Permit. Name Address John Peed (Transfer of address from 509 Eighth Ave.) 2600 Central Ave, Be It Further Resolved, That the bond filed by such applicant be, and the same is hereby approved. Passed, adopted and approved thin 29th day of October, 1940. F, W. THOM)?SON, Mayor. FRANK VAN DUEI,MAN, ALBERT WHARTON, B. A. SCHUEI,I.ER, 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 followinv vote: Yeas -Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton, Nays-None. There being no further business, Councilman Murphy moved to adjourn Seconded by Councilman Van Duel- man, Carried by the fallowing vote Yeas-Mayor Thompson, .Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. J. J. SHEA, City Clerk. Approved -----------------------1941. Adopted ------------------------1941. Councilmen: j ______________________ Attest: ----------------------------- City Clerk. Regular Session, November 4th, 1940, 225 City C o u nci I (Official,) Regular Session, November 4th, 1940. Council met at 8:10 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. Notice of Claim of Julia Carter in an unstated amount for personal injuries sustained in a fall on a defective side- walk in front of No. 784 Dodge Street presented and read. Councilman Mur- phy moved that the Notice of Claim be referred to the City Solicitor for inves- tigation and report. Seconded by Coun- c~lman Wharton. Carried by the fol- lowing vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Communication of $. $. Frith Com- pany, by $. T. Frith, advising Council that fhe agreement as proposed by the Chicago, Milwaukee, St, Paul & Pacific Railroad Company was satisfactory to them, said agreement being in lieu of opening their railroad crossing on Eighteenth Street that they are willing to pave with concrete the two blocks on Sycamore Street from Sixteenth to Eighteenth, including the Eighteenth Street crossing (this is the South side of Sixteenth Street and the North side of Eighteenth Street) and is' to be thir- ty (30) feet wide, presented and read. Councilman Murphy moved that the City Manager be instructed to proceed no further in regard to the instructions heretofore given him in reference to the opening of Eighteenth Street at the Railroad Tracks, Seconded by'Coun- cilman Wharton. Carried by the fol- lowing vote; Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Petition of Clarence E. and Melitta S, Walz amending their former petition of October 29th, and submitting an of- fer in the mount of $S.QO for the can- cellation of the special assessment re- ferred to in their former petition and levied against I,ot 6 in Pinehurst, pre- sented and read. City Solicitor Kintz- inger recommended that the offer be accepted. Councilman Van Duelman moved that the verbal recommendation of City Solicitor Kintzinger be approved and that the City Auditor be instructed to draw a warrant in the amount of $20.92 on the Improvement Fund in favor of the Special Bonded Fund to cover the amount of the unpaid special assessment ordered cancelled against I,ot 6 in Pinehurst. Seconded by'Coun- cilman Wharton, Carried by the fol- lowing vote: Yeas-Mayor Thompson, Couucilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Petition of George J. Haupert et al, property owners and residents in the vicinity of the grounds and buildings formerly occupied by the Corn Belt Packing Company, requesting the City Council to use every effort in prevent- ing the occupancy of these buildings and ground by an industry such as a packing plant or any other type of in- dustry which will be of an objectionable nature, presented and read, Council- man Van Duelman moved that the pe- tition be referred to the -Council. Sec- onded by Councilman Schueller. Car- ried by the following vote: Yeas- Mayor Thompson, Councilmen Mur- phy, Schueller, Van Duelman, Whar- ton. Nays-None. Councilman Wharton moved that the rules be suspended for the purpose of allowing any one present in the Council Chamber, who wishes to do so, to ad- dress the Counch, Seconded by'Coun- cilman Van Duelman. Carried by the following vote; Yeas-Mayor Thomp- son, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Messrs. $. Marshall Thomas, Attorney, representing the H, & W. Motor Ex- press Company, I)r, W. A. Johnston and Titus B. Schmid addressed the Council requesting Council action upon the proposal submitted by the H. & W. Motor Express Company for the pur- chase of the grounds and buildings for- merly occupied by the'Corn Belt Pack- ing Company, Councilman Wharton moved that the City Solicitor be in- structed to prepare a resolution to be submitted for Council action at a meet- ing to be held November 14th, 1940, covering the sale of the Corn Belt Buildings and Grounds, this resolution to be submitted to the County Board of Supervisors and containing Deed re. strictions against the use of said prop- erty for slaughter house, stock yards, fertilizer manufacturing, rendering plants and such other objectionable in- dustrial uses. Seconded by Councilman Van Duelman,'Carried by the following vote: YeasMayor Thompson, Council- men Murphy, Van Duelman, Wharton, Nays-'Councilman Schueller, November 4, 1940. Honorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen-I herewith return peti- tion for Cancellation of taxes filed by Frank B. Hird and with reference thereto, report as follows: 226 Regular Session, November 4th, 1940. The above named Petition is for can- cellation of the taxes. I would recom- mend that the taxes be suspended, that the City 'Council of the City of Du- buque should approve said Petition in- so-far as the suspension of the taxes are concerned, and notification of such approval should be given to the Board of Supervisors of Dubuque County, Iowa. Respectfully submitted, JOHN J. KINTZINGBR, City Solicitor Councilman Wharton moved that the recommendation of City Solicitor Kintz- inger be approved and that the request of Frank B. Hird for cancellation of his 1939 taxes be denied but a suspension of said taxes be ordered granted and that the Board of Supervisors be noti- fied of the action of the City Council. Seconded by Councilman Murphy. Car- ried by the fallowing vote: Yeas-- Mayor Thompson, Councilmen Mur- phy. Schueller, Van Duelman, Whar- ton. Nays-None. November 4, 1940. Honorable Mayor and Members of the City Council, City of Dubuque, Iowa: Gentlemen-With reference to the claim of John F. Murphy for $4.00 for a broken window in his truck, said damages being sustained because of his truck driving into a depression in a street where a sewer had been recently connected in front of the John Meyers residence on Nevada Street, I am of the opinion that this claim should be paid and that a warrant should be is- sued to John F. Murphy in the sum of $4.00. I am returning herewith the claim of John F. Murphy, Respectfully submitted, JOHN J. KINTZINGBR, ;City Solicitor. Councilman Van Duelman moved that the recommendation of City- So- licitor Kintzinger be approved and that the iCity Auditor be instructed to draw a warrant in the amount of $4.00 in fa- vor of John F, Murphy as settlement in full of his claim. Seconded by Coun- cilman Wharton. Carried by the fol- lowing vote: Yeas-Mayor Thomp- son, Councilmen Schueller, Van Duel- man, Wharton. Nays-None, Coun- cilman Murphy not voting, November 4, 1940. Honorable Mayor and Members of the City Council, City of Dubuque, Iowa, Gentlemen-With reference to the action now pending in the District Court of Dubuque County, Iowa, No, 29429 I,aw, Bmory F. Healy, plaintiff, vs. City of Dubuque, defendant, claim- ing damages in the amount of $10,- 641.30 because of injuries sustained by plaintiff on or about the 25th day of January, 1938, because of a dangerous and defective condition. of the sidewalk on the corner of 9th and White Streets, said dangerous condition being caused by ice and snow and a hole in said side- walk, said ice and snow having been permitted to remain thereon for many days; that said plaintiff fell because of. said condition, fractures his kneecap, injured his leg, broke a bone in his right wrist and sustained actual dam- ages as follows: St. Joseph Mercy Hospital_____$ 94.00 Medical Associates ____________ 156.50 Ambulance Service ____________ 8.00 Wages from Jan. 24th to May 16th ___________________ 382.80 Total _______________________$641.30 That it is a close question as to the negligence of the City and it may be that the case would be submitted to the jury, in which event, if a verdict was returned, it.would be for a substantial amount. Taking all of these things in- to consideration, and after consultation with the attorney for plaintiff, they have agreed to settle for the sum of $250.00 in full payment of their claim. I recommend that the claim be al- lowed in the sum of $250,00 and that a warrant be issued payable to B..,H. Willging, attorney for Bmory F. Healy, in said amount, and that the same be delivered upon the execution and deliv- ery of a proper release to the City.of Dubuque, at which time plaintiff will also file a written dismissal of said action Respectfully submitted, JOHN J. KINTZINGBR, City Solicitor. Councilman Murphy moved that the recommendation of City Solicitor Kintz- inger be approved and that the City Auditor be mstructed to draw a war- rant in the amount of $250.00 in favor of B. H. Willging, Attorney for Bmory F, Healy, as settlement in full of the claim and suit and that said warrant be delivered upon. the execution and deliv- ery of a proper release and a written dismissal of said action by the plaintiff, Seconded by Councilman Schueller, Carried by the following vote: Yeas- hlayor Thompson, Councilmen Murphy, Schueller Van Duelman, Wharton. Nays-None. Resolution No. 104.40, Whereas, Applications for Class "B." Beer Permits have been submitted to this Council for approval and the same have been examined; Now, Therefore, Be It Resolved, By the Council of the City of Dubuque, that the following applicatrons be and the same are hereby Session, November 4th, 1940. 227 approved and it is ordered that the premises be occupied by such appli- cants shall be forthwith inspected. Class "B" Permit. Name Address Frank Reis and Kathryn Reis (transfer of address from 553 Bighth Avenue) 509 Bighth Aveizue. Wm. Barrington and Glenn Miller, 250 West First Street. ' Ray Nicks and Fred Herber, S21 Bast 22nd Street. Lewis A. Freymann and Ira I,ee Smith, 332 Bighth Avenue. Gus Henkel and Bernice Henkel, 1046 Central Avenue. Morris Blum and Margaret Blum, 700 Bast Sixteenth Street. Milton J. Kalmes, 1085 Julien Avenue. Passed, adopted and approved this 4th day of November, 1940. F, W. THOMPSON, Mayor, FRANK VAN DUBI.MAN, AI,BBRT WHARTON,. B. A, SCHU$I,I,BR, GBO. R, MURPHY, Councilmen. Attest: J. J. SHBA, 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, 105-40. Whereas, Hertofore applications were filed by the within named applicants for Class "B" Beer Permits and have 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 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 Frank Reis and Kathryn Reis, (transfer of address from 5S3 Bighth Avenue) 509 Bighth Avenue. Wm, Barrington and Glenn Miller, 2S0 West First Street. Ray Nicks and Fred Herber, 521 Bast 22nd Street, Lewis A, Freymann and Ira I,ee Smith, 332 Bighth Avenue. Gus Henkel and Bernice Henkel, 1046 Central Avenue. Morris Blum and Margaret $lum, 700 Bast Sixteenth Street, International Brotherhood'of Team- sters, Chauffeurs, Stablemen and Helpers of America, Local 421 (Union League Club) 400 Iowa St, Milton J, Kalmes, 1085 Julien Avenue. Be It Further Resolved, That the hoods filed by such applicants be and the same are hereby approved, Passed, adopted and approved this 4th day of November, 1940. F. W. THOMPSON, Mayor. FRANK VAN DUBhMAN, AI,BBRT WHARTON, B. A, SCHUBI,I,BR, . GBO. R. MURPHY, Attest: J. J, SHBA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Murphy, !Carried by the following vote: Yeas -' Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton, Nays-None. Resolution No. 106.40. Be It Resolved, By the City Council of the City of Dubuque, Iowa, that it is deemed advisable to sell hots 3, 4, S, 6 and 7 of Industrial Subdivision No. 2 to C. W. Varner for the sum of Three Thousand and No/100 ($3,000,00) Dol- lars and to execute a quit claim seed of said premises to said grantee upon the following terms and conditions; . pne Thousand Dollars ($1,000.0(1) is to be paid on the delivery of the deed, and a mortgage of Two Thousand Dollars ($2,000.00) without interest is to be re- tained by the City of Dubuque pro- viding for the payment of Four Hun- dred Dollars ($400.00) on December 1st of each of the years 1941, 1942, 1943, 1944 and 1945. Be It Further Resolved, Tliat the Mayor and ;Clerk of said City of Du- buque, be, and they are hereby authop- ized to execut said deed on behalf of the City of Dubuque, and to affix there- to the official seal of said City. Passed, adopted and approved this 4th day of November, 1940, F. W, THOMPSON, Mayor, FRANK VAN DUBI,MAN, AI,BBRT WHARTON, B. A. SCHUBLI,BR, GBO. R, MURPHY, Councilmen.. Attest: J. J. SHBA, 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. 228 Regular Session, November 4th, 1940. Resolution No, 107.40. Whereas, It is deemed advisable by the City Council of the City of Du- buque, Iowa, to participate in the pro- gram of the National Youth Adminis- tration in this city, and Whereas, The various departments of the City Government will be benefitted by the progress of the National Youth Administration; Now, Therefore, Be It Resolved, By the City Council of the City of Dubuque, Iowa, that there be and there is hereby appropri- ated the sum of Three Hundred Fifty and No/100 ($350.00) Dollars from the General Fund in furtherance of the Na- tional Youth Administration Program In the City of Dubuque and the City Auditor is hereby directed to issue a warrant in the amount of 'T'hree Hun- dred Fi#ty Dollars payable to Allen T. Daykin, Trustee, Passed, adopted and approved this 4th day of November, 1940. F. W. THOMPSON, Mayor. FRANK VAN DiJ1aI,liAN, ALBERT WHARTON, B. A. scxula•T,T,Irlt, G~0, R. MURP$X, Councihuen, Attest: J. J. SHEt~, City Clerk, Be Tt Resolved, $y the City Council of the Gity of Dubuque, Iowa, that the sale of said property to the Klauer Manufacturing Company for the sum of $6,100.00 in cash, be and the same is hereby authorized and approved, Passed, adopted and approved this 4th day of November, 1940. F. W. THOMPSON, Mayor, FRANK VAN DU1aLMAN, ALBERT WHARTON, B. A. SCHTJI~LL>tR, GEO. R, MURkHY, Councilmen. Attest: J.J. SHI;A, City Clerk. Councilman Wharton moved the adoption of the resolution. Seconded by Councilman Van Duelman, 'Car- ried by the following vote; Yeas - Mayor Thompson, Councilmen Mur- phy, Schueller, Van Duelman, Whar- ton. Nays-None. There being no further business, Councilman Van Duelman moved to adjourn. Seconded by Councilman Wharton. Carried by the following vote; Xeas~Mayor Thompson, Coun- cilmen Murphy, Schueller, Van Duel- man, Wharton. Nays-,None. J• J• STiEA, City Clerk, ~Couneilman Murphy moved the adoption of the resolution. Seconded by Councilman Van Duelman. Carried by the following vote; Yeas -Mayor Thompson, Councilmen Murphy, Schueller, Van Doulman, Wharton. Nays-None. Resolution No, 108-40. Whereas, hots 167-168-169-170-171- 232-233-234-235-236 of East Dubuque Addition in-the City of pubuque, Du- buque County, Iowa, were sold on Feb- ruary 3,1936, to Dubuque County, Iowa, by the County Treasurer, of Dubuque County, Iowa, for delinquent taxes and unpaid taxes against the real estate for the years 1930 to 1934, inclusive, and Whereas, The said Dubuque County, Iowa, desires to sell the above de- scribed real estate to the Klauer Manu- facturing Company for $6,100.00, and 1Vhereas, The sale of said property by Dubuque County, Iowa, to the Klau- er Manufacturing Company for a sum less than the total amount stated in the Tax Sale Certificate including all en- dorsements of Subsequent general taxes, interests and costs requires the written approval of a majority of all the tax levying and tax eerti#~ing bodies hav- ing any interest in said general taxes.; Now, Therefor, Approved _______________________194f. Adopted ...,.,.._.__.._...,_____..1941, Councilman: {..-----..__,_.__._..,.._. Attest: --------- -------------------- City Clerh. Special Session, November 4th, 1940, 229 Board of Health (Official) Special Session, November 4th, 1940. Board met at B:SS P, M, Present-Chairman F. W. Thomp- son, Messrs. Geo. R. Murphy, B. A. Schueller, Frank Van Duelman, Albert Wharton, Dubuque, Iowa, October 4, 1940. To the'City Manager and Board of Health: July 1st, 1940, a meeting of the Board of Health was held in the Council Chamber. The Health Department was requested to investigate and make a study of the condition of the air in the vicinity of the Rock Wool Com- pany, particularly the Sulphur Dioxide content. Under the supervision of the Industrial $ngineers of the Iowa State Department of Health an apparatus was made to enable us to measure the given amount of air asperated in the connected flask in which the chemical re-agent was present to measure the amount of Sulphur Dioxide in that as- pzrated air. Mr. Chapman of the Health Depart- ment and I made preliminary studies of the air and later on Mr. Lynn Wagner made further studies. These studies were made from about July 1Sth approximately to October 1st, 1940. An attempt under all condi- tions as far as passible and also at dif- ferent hours when there was still day- light. There were no samples taken after dark. Samples were collected at different points throughout this area. There was a total of 30 samples taken, For each sample the conditions report- ed were as follows: date, sampling lo- cation, time of day, air type, baromet- ricreadings, wind direction, wind speed, the size of the sample, time required for sampling, reactions of absorbent of HCL or NLH0,1 normal required, Sulphur Dioxide found, odor precipita- tion in air (smoke) and was dust notice- able. ALBERT J. ENTRINGER Director of Health, October 29th, 1940. Dr. Albert J, Entringer, Director of Health, Health Department, Dubuque, Iowa. Dear Doctor: Following are the sum- marized results of our investigations of the atmosphere conditions surrounding the Rock Wool plant located at the Milwaukee Railroad Shops. This study is mainly concerned with the presence of Sulphur Dioxide gas in the air. No attempt was made to determine the presence and nature of different gases other than the odors that might be no- ticeable, In making these investigations, we attempted to take most samples in the area which was at the time the most greatly affected by the gas and smoke stream. This accounts for our sampling points being in areas other than that from the complaining districts. Several samples were taken at various other points for the purpose of comparison. The method used in this determina- tion was the Thomas -Abersold Hydro- gen peroxide absorption technique, This method has been proven the most effi- cient for determining small amounts of SOZ in air and was advised for our use by the Iowa State Department of Health. The following are the accepted stand- ards for S02 gas: Plant damage __________________1ppm Least detectable odor________3-S ppm Least for eye irritation_________ZOypm beast for throat irritation_____8-12ypm Least for coughing irritation___20ppm Maximum for prolonged exposure (8 hours)___________10ypm Maximum for short exposure (1 hour)_______SO-100 ppm Rapidly fatal _____________400-500 ppm Upar examination of the summarized data we find that only three tests show any S02 gas present, One of these tests taken in the Rock Wool plant itself, shows a concentration of only .0001 ppm. This sample was taken from a platform approximately 8 feet from the floor midway between the ejector nozzles of the two middle blast fur- naces. This concentration is too small to be significant of any SOz at this point. The other two samples were taken on the roof of the plant, directly from the large stack and in an area within S feet of the stack. These two results show sizeable quantities of SO? present. However, it is our opinion that these quantities when dispersed in- to the air will be very greatly diluted. The remainder of the tests taken in this district seem to bear out-the dilu- tion theory inasmuch as no SOS is found. The tests were taken as much as possible in the center of the smoke and gas stream. When possible, the black smoke from the Rock Wool boil- ers were included. In every instance the results of our analysis showed an alkaline reaction instead of the acid re- action that is typical when SOZ is present. These results were checked under so called normal conditions at other points in the (City to determine if this "abnormaP' alkaline reaction had any significance. The results of these tests showed the same alkaline reaction, 230 ~_ i Session, November 4th, 1940. signifying that the alkaline reaction was I normal and not due to gases coming ', from the Rock Wool plant. During the course of these tests, we attempted to identify the odors coming fi•om the plant and to note the amount of dust flying through the air. The odor which was prevailing was that of hot oil, or oil which had undergone in- complete combustion. From time to time this was mixed with coal gas com- ing from the Rock Wool boilers and railway locomotives. It is possible that due to incomplete combustion some of the hydrocarbons may break down to form 'an arid, larhrymose gas. This possibility was hot investigated due to the lack of time, help and equipment It is our opinion that this gas, while it is disagreeable, is not of a poisonous nature. Further, in conversations with residents of the complaining area we were told that the amounts, concentra- tions and the general nuisance value of the gases were not as great as they had been in the past years. Dust was found flying in the air, The nature of this dust is that of fine sand, Many times minute particles of rock wool could be detected, however, the rock wool nuisance has been largely overcome. We were advised that this fine dust came from the blast furnaces, probably at -the time of charging. The blast of hot air and gases carves the loose dust particles of stone into the air at this time. At no time did we no- tice anything disagreeable about the dust while in the complaining: area, but undoubtedly a small constant concen- tration of fine dust might be disagree- able to the householder. We made no attempt to evaluate the concentration of dust during our tests. Respectfully yours, V. F, CHAPMAN, Mr. Charles Ta. Campbell, Chemical langineer, State Department of Health, submitted a report on the nature of gases expelled from the Rock Wool Plant and stated that at the times when they were at the Rock Wool Plant that they were unable to take samples in the vicinity of the neighborhood where the complainants reside as the wind was blowing in the opposite direction. After 1 general discussion of this matter it was suggested that air samples be taken and that tests be made to determine the presence and nature of different gases in this particular area, Mr. Frank Van Duelman moved that the report of the Director of Health be received and made a matter of record and that the matter of furnishing the needed equip- ment for the taking of further air sam- ples be referred to the City Manager with power to act, Seconded by Mr. Albert Wharton, Carried by the fol- lowing vote: Yeas-Chairman F. W. Thompson, Messrs. Geo. R. Murphy, B, A. Schueller, Frank Van Duelman, Albert Wharton. Nays-None. Dubuque, Iowa, Nov. 4th, 1940. To the City Manager and Board of Health: At the request of the City Council and the Board of Health, our depart- ment made an investigation and inspec- tion in the vicinity of the factories which manufacture millwork in regard to the sawdust present in the air. The presence of sawdust was very noticeable in the air. The presence of sawdust in any particular locality will depend on the wind direction. The saw- dustis very fine and can be carried to quite some distance, and this was found to be true as it was carried as far north as 16th and Central Avenue.. We first inspected the areas of the sawdust dnd we found that there is a steady stream of wood dust being eject- ed from the so-called cyclones which is allowed to go over the city and this dust is extremely fine. The inspection then continued over the area in the vicinity of the factories doing millwork. On questioning the peoplewho live around there and the people who work in that area we found that there is no sickness present which could be attributed to the sawdust. A survey was made in this area to determine whether or not there is a higher incidence of disease of the res- piratory.tract and we found that this district is no different than any other part of the city. Survey: To ascertain the number of colds contracted per individual from October 1st, 1939, to October 1st, 1940: Area covered: Central Avenue,White, Jackson and Washington Streets from 7th to 13th Street inclusive; Residences ________..______________121 Occupants -----------------------496 Adults ___________________________324 Children _________________________172 Colds (adults) ___________________586 Colds (children) __________________336 Good homes _____________________ 78 Fair homes ______________________ 29 Poor homes ______________________ 14 No, complaints, sawdust, etc. ______ 14 Homes reporting no colds_________ 15 Occupants in those homes_________ 57 Homes reporting cases asthma_____ 3 Homes reporting sinus infection_,_. 4 Homes in which occupants refused to report________________ 2 We then investigated the records in our office and found that there was no disease reported which could be attrib- uted to sawdust. We then reviewed the literature and as far as possible we found no mention of sawdust being a health hazard. We then contacted the Session, November 4th, 1940. State Department of Health and in turn they reported to us that sawdust is not considered a health hazard. We report to you that the condition in Dubuque existing on account of saw- dust being in the air is not a health haz- ard and therefore must be considered a nuisance, Respectfully, AI,B$RT J. $NTRINGI±R, Director of Health, Health Department, Dubuque, Iowa. Mr. Albert Wharton moved that the report of the Director of Health be re- ceived and made a matter of record and that the City Manager be instructed to confer with the owners of the Manu- facturing Plants as to the remedying of the conditions complained of, Second- ed by Mr. Geo. R. Murphy, Carried by the following vote: Yeas-Chairman F. W, Thompson, Messrs, Geo. R, Murphy, B. A. Schueller, Frank Van Duelman, Albert Wharton. Nays - None . There being no further business, Mr. Frank Duelman moved that the Board of Health adjourn. Seconded by Mr, B, A. Schueller. Carried by the follow- ing vote: Yeas-Chairman F. W. Thompson, Messrs. Geo. R. Murphy, B. A. Schueller, Frank Van .Duelman, Albert Wharton. Nays-None. ]. J. SH$A, Clerk, Board of Health. Approved -----------------------1941. Adopted ------------------------1941, ---------------------- Members of Board of ----------------------- Health ---•------------------- Attest: ------------------------•----- Clerk, Board of Health. 231 ~_ ,_ ~_ 232 Special Session, November 14th, 1940. City Council (Official.) Special Session, November 14th, 1940. 'Council met at 7:SS 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 called for the purpose of acting upon a resolution approving the sale by Du- buque County of Lot 7 of Min. Lot 322, Lot 3 of 8 of Min, Lot 322, hots 3-4-5-6- 7-8 and 9 of Liebe's Sub. No. 1, Lots 4-5-6-7-8-9-10-11 and 12 of Liebe's Sub., No. 2 to the H. & W. Motor Express Company and acting on any other busi- tess as may properly come before a regular meeting of the City Council, Councilman Wharton moved that the ,ales 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 Coun- cilman Van Duelman, Carried by the following vote: Yeas-Mayor Thomp- son, Councilmen Murphy, Schueller, Iran Duelman, Wharton. Nays-None. Mr. William Canfield, Jr,, addressed the Council requesting that the Local Dock Board be given the full support of the City Council iu the matter of their pro- test against the placing of the approach of the New High Bridge at Dodge Street. Mr. Leo Steffen also addressed the Council- stating that he voiced the sentiments as expressed by Mr. William Canfield, Jr. Councilman Wharton moved that the City Manager be in- structed to contact the Dock Board and report back to the City'Council if they desire the City Council to take any fur- ther action in the matter of their pro- test. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Thompson,'Coun- cilmen Murphy, Schueller, Van Duel- man, Wharton. Nays-None. Resolution No. 109-40. Whereas, Dubuque County, Iowa, has become the owner of Lot 7 M. L. 322, lot 3 of 8 M, L. 322, Lots 3-4-5-6- 7-8 and 9 Liebe's Sub. No. 1, Lots 4-5- 6-7-8-9-10-11 and 12 Liebe's Sub, No. 2 by virtue of tax certificate, and Whereas, Said Dubuque County de- sires to sell the above described real estate to H. & W. Motor Express Com- pany for the sum of $10,000,00 (includ- ing the 1939 taxes), and Whereas, The sale of said property by Dubuque County to H. & W. Motor Express Company for a sum less than the total amount stated in the tax sale certificate, including all endorsements of subsequent general taxes, interests and costs, required the written approval of a majority of all the tax levying and tax certifying bodies having any Inter- est in said general taxes, and Whereas, The City of Dubuque will approve said sale upon said terms and conditions as hereinafter set forth; Now, Therefore, Be It Resolved, By the City Council of the City of Dubuque, Iowa, that the sale of the above described property to H, & W. Motor Express Company for the sum of $10,- 000.00 (including the 1939 taxes), be, altd the same is hereby authorized and approved upon condition that the deed executed by the County of Dubuque to the purchaser contain the following lim- itations and conditions which apply to the grantees, successors or assigns of the H. 8 ~V. Motor Express Company: "This deed is made subject to the fol- lowing limitations and conditions: The following meat packing plant op- erations shall not be permitted in or on said premises nor any part there- of (a) Unloading, keeping or killing cattle, hogs, or sheep. (b) The operation of a slaughter house, (c) The operation of a rendering plant of any kind. (d) The manufacture of fertilizer. Any curing or storing of hides on the premises or on any part thereof, shall be done in such manner as not to con- stitute anuisance. It Is Further Provided, That if said premises or any part thereof should be used for any one or more of the above purposes, then this deed is to be of no torte and effect- and the H, & W. Mo- tor Express Company, their grantees, successors or assigns, immediately for- feit all right and title they then have in and to all or any part of satd real estate, and said Dubuque County, grantor, shall have the right to re-enter and repos- sess said premises, including any and all improvements made thereon and said H. & W. Motor Express Company, their grantees, successors or assigns, agree to al] of the provisions of this deed, and upon such forfeit- ure the H. & W. Motor Express Company, their grantees, successors and assigns, agree that Dubuque Coun- ty, grantor, may take possession of said property forthwith and further agree that any and all rights and interests in and to said property, including any im- Special Session, November 14th, 1940. provements thereon, shall utterly cease and determine and the said premises shall revert to and revest itt Du- buque County, grantor, without further right, action or declaration of any right or claim of H. & W. Motor Express Company, their grantees, successors or assigns, for moneys paid or improve- ments made, as absolutely and perfectly as though this deed had never been made," Passed, adopted and approved this 14th hay of November, 1940. F. W. THOMPSON, Mayor, FRANK•VAN DUELMAN, ALBERT WHARTON, B. A. SCHUELLEN, 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. Warranty Deed of Paul T, and Helen M. Woodnorth conveying to the City of Dubuque for street purposes Lot 2 of Lot 2 of Min. Lot 42 and Lot 2 of Lot 1 of Lot 4 of Min. Lot 42 presented and read. Councilman Van Dulemau moved that the Warranty Deed be ac- cepted and ordered recorded with the County Recorder. Seconded by Coun- cilman Murphy. Carried by the follow- ing vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, -Van Duelman, Wharton. Nays-None, Communication of the Iowa Taxpay- ers' Association extending invitation to the Mayor, Councilmen and City Offi- cials to attend the Sixth Annual Meet- ing of the Association to be held at Des Moines on November 22nd, pre- sented and read. Councilmaq Wharton moved that the communication be re- ferred to the City Council. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas -Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Communication of Retail Merchants Bureau extending their sincere appreci- ation for the action taken by the City Council in limiting the parking on the streets surrounding Washington Park resented and read. Councilman Mur- phy moved that the communication be received 'and filed. Seconded by Coun- cilman Van Duelman, Carried by the following vote: Yeas-Mayor Thomp- 233 son, Councilmen Murphy, Schueller, Elan Duelman, Wharton. Nays-None. Petition of the Retail Merchants Bu- reau requesting permission for the holding of a Christmas Parade on Sat- urday, November 30th, 1940, and that two motorcycle, policement be furnished ~ escort the parade and as many po- licerpeu as are necessary to guard the parade at street intersections also re- requesting that all parking be elimin- ated on Main Street from early in the morning until after the parade is over and also that the streets be roped off, also that a portion of Seventh Street between Locust and Bluff be blocked off for the location of a cabin and that two policemen be stationed at the cabin to help control crowds, also that the City assume the cost of current for the operation of a loud speaker, also that the City furnish an electrician to cone nett up a fuse block at or near the loca•• tion of the cabin in Washington Park, also requesting permission for the erec- tion of Christmas lighting decorations at the intersections of Main Street from Fourth to Tenth Streets inclusive and on Eighth Avenue from Iowa to Bluff Streets inclusive and on Seventh and Locust Streets and that the City as- sume the cost of current for the extra lights to be placed in the business dis- trict from November 27th to January 2nd, presented and read. Councilman Wharton moved that the petition be granted with the exception of the re- quest for the elimination of traffic and the roping off of the streets and that a permit be granted with the provision that the Retail Merchants Bureau be required to furnish a Public Liability Bond in the amount of $5,000.00 to pro- tect the City of Dubuque from any lia- biliy which may arise from any acci- dents on account of the erection bf the Christmas lighting decorations, Sec- onded by Councilman Murphy, Car- ried by the following vote: Yeas - Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton, Nays-None. Petition of The Telegraph-Herald, requesting permission to erect a canopy over the sidewalk in front of their new studio building located at the Southeast corner of Eighth Avenue and Bluff Street and also requesting permission for the installation of a 1000-gallon oil tank. under the sidewalk on the Bluff Street side of their new building, pre- sented and read. Councilman Murphy moved that the petition be referred to the Council to view the grounds and in the event the petition is ordered grant- ed that the City Solicitor be instructed to prepare a proper ordinance. Second- ed by Councilman Schueller. '.Carried by the following vote; Yeas-Mayor '!'hompson, Councilmen Murphy, i e, ~_ 1 ~_ 234 Special Session, November 14th, 1940. 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 far which warrants were drawn during the month of September, 1940, presented and read. Councilman Wharton moved that the proof of publication be received and filed. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Thompson, Coun- cilmen Murphy, Schueller, Van Duel- man, Wharton. Nays-None. November 1, 1940. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen-I herewith submit the reports of the City Auditor, City Treas- urer, City Health Department, City Water Department and :City Recrea- tional Department for the month of October, 1940, also a list of claims and list of payrolls for which warrants wree drawn during the month of October, 1940. Respectfully submitted, A. A. RHOMBERG, City Manager Councilman Murphy moved that the reports be received and placed on file, Seconded by Councilman Schueller. Carried by the following vote: Yeas- Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None, November 8 1940. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen-Regarding attached peti- tion of Mrs, Martin Seippel dated Oc- tober 8, 1940, asking rezoning of her property, hots 1/ of Watters Subdivi- s~on, to Multiple Residence classifica- tion, the Planning and Zoning Commis- sion wishes to recommend to your hon- orable body that the petition be denied. It is contrar}~ to the policy of the Plan- ning and Zoning Commission to rezone single pieces of property and there is no apparent further demand in the imme- diate neighborhood for a general re- zoning of any larger area to the multi- ple residence classification. Respectfully submitted, DUBUQUE PLANNING & ZONING COMMISSION, R .V. McKAY, Secretary. Councilman Wharton moved that the communication of the Planning and Zoning Commission be referred to the City Council. Seconded by Councilman Van Duelman. Carried by the follow- ing vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Resolution No. 110.4D. Be It Resolved, By the ',City Council of the City of Dubuque that the follow- ing, having complied with the provi- sions of law relating to the sale of cigarettes within the City of Dubuque, he granted a permit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City. Name Address Dubuque Metal Trades Council Club, 290 West Fourth Street. Be It Further Resolved, That the bond filed with the application be ap- proved. Passed, adopted and approved this 14th day of November, 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. Seconded by Councilman Murphy, 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 ad- journ. Seconded by Councilman bVharton. Carried by the following vote: Yeas-Mayor Thompson, Coun- cilmen Murphy, Schueller, Van Duel- man, Wharton, Nays-None. 7. J. SHEA, City Clerk. Approved ______________________1941. Adopted ________________________1941. Councilmen; ~______________________ Attest: -----------------------------. City Clerk. Special Session, November 26th, 1940. 235 City Council (Official) Special Session, November 26th, 1940, Council met at 4:35 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 called for the purpose of acting upon Resolution No. 111'-40, a resolution and application for the permanent transfer ~, of $12,025,00 from the Emergency ' Fund to the Grading Fund and of $14,- 162.50 from the Emergency Fund to the Improvement Fund, also Resolution No. 112-40, a resolution and application for the permanent transfer of $20,000,00 from the Water Works General Fund to the Improvement Fund, and acting on any other business as may properly come before a regular meeting of the City Council. Resolution No. 111-40. Resolution and Application for Permanent 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 dur- ing 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 1st of November, 1940, there were cash balances in the Grading Fund of $6,837,42 and in the Improvement Fund of $6,449.38; and Whereas, There is now in the hands of the City Treasurer and credited to the Emergency Fund the sum of $26,- 620,07, which is available for transfer to the Grading and Improvement Funds above referred to for debt service; and Whereas, On November 1, 1940, Grading Bonds in the amount of $10,- 000.00 and Improvement Bonds in the amount of $30,000.00 matured and Grad- ing Bond Interest in fhe amount of $2,025,00 plus Improvement Bond In- terest in the amount of $4,162.50 be- came due and payable; and Whereas In order to pay the obliga- tions due it is necessary to make trans- fers of $1Z,02S.00 from the Emergency Fund to the Grading-Fund and of $14,- 162,50 from the Emergency Fund to the Improvement Fund; and Whereas, Before any transfer can be made from the Emergency Fund to any other fund, an application must be made to the State Comptroller for au- thority to make the transfer and his approval secured thereon; Now, There- fore, Be It Resolved, By the City Council of the City of Dubuque that, subject to the approval of the State Comptroller, there be and there are hereby trans- ferred from the Emergency Fund the sum of $12,025.00 to the Grading Fund and the sum of $14,162.50 to the Im- provement Fund, and the State 1Comp- troller is hereby petitioned to authorize and approve such transfers; 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 to notify the Treasurer of such transfers, and such notification shall be accom- ~anied 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 26th day of November 1940, and all members there- of 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. 112-40. Resolution and Application for Permanent Transfer of Funds. Whereas, On November 1, 1940, Im- provement Bonds in the amount of $30,000.00 matured and Improvement Bond Interest in the amount of $4,162: 50 became due and payable; and Whereas, There is now in the hands of the City Treasurer and credited to he Improvement Fund the sum of $6,449,38 which is to be supplemented by a transfer of $14,162.50 from the Emeregncy Fund; and ~. ~_ ~_ ~_ 1 236 , Special Session, November 26th, 1940. Whereas, As of the 1st of November, 1940, there were balances of $40,761.45 in the Water Works General Fund and of $141,459.15 in the. Water Works Sinking Fund; and Whereas, No Water Works Bonds nor Interest are due and payable during the remainder of the current fiscal year and $40,000.00 in bonds and $S,17S.00 in interest become due and payable dur- ing the succeeding year and, therefore, the requirements of Section 6151.1 of the Code of Iowa have been fully met; and Whereas, In order to pay the obliga- tions due it is necessary to make a transfer of $20,000.00 from the Water Works General Fund to the Improve- ment Fund; and IVhereas, Before any transfer can be -rode from the Water Works General Fund to any other fund, an application must be made to the State Comptroller for authority to make the transfer and '~.is approval secured thereon; Now, Therefore, Be It . Resolved, by the City Council of the City of Dubuque, that subject to the ap- •~roval of the State Comptroller, there be and there is hereby transferred from the Water Works General Fund to the Improvement Fund the sum of $20,- 000.0, 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 Auditor of the City of Dubuque is directed to adjust his books accordingly and to notify the Treasurer of such transfer and such tro- tification shall be accompanied by a copy of this resolution and the record ~f its adoption. The resolution was passed, adopted and approved by unanimous action of the City 'Council on the 26th day of November, 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 Murphy. Carried by the following vote: Yeas -Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. November 26, 1940. To the Honorable Mayor and City Council, Dubuque, Iowa: Gentlemen-It has long been the hope of the City Council to acquire a park and playground area in the West Dubuque district, The Council records through the years recite various pro- posals to acquire the Bush property for that purpose. On September 1S, 1924, a petition was filed askipg the Council ?o submit the question at an election. An opportunity is now at hand to ac- quire this area of approximately S acres described as Lot 1 of Pinehurst for a public park, for the sum of $9,110.00. The lots fronting on West Fourteenth Street adjacent to it are already owned by the City, I recommend that the City Council authorize the purchase of the property as outlined above and that the property ~ ,acquired be devoted to park and playground purposes as a memorial to William B. Allison and David B. Hen- derson, thus permitting the City to divert the present Allison-Henderson Memorial site to other than park pur- poses. Respectfully submitted, A. A. RHOMBERG, City Mauager. Councilman Murphy moved that the recommendation of City Manager Rhomberg be approved and made a matter of record. Seconded by Coun- cilman Schueller. Carried by the fol- lowing vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Vau Duelman, Wharton. Nays-None. Resolution No, 113-40. Whereas, The City Couucil of the City of Dubuque recognizes the need' for a park and playground area in the West Dubuque District, and Wherens, Lot 1 of Pinehurst is suit- able and desirable for such purposes, and Whereas, the designation of this ,.rea as a Memorial to William B. Alli- son and David B. Henderson will re- lease the present river front Allison- Henderson site for other than park pur- poses, Now, Therefore, Be It '2esolved, By the City Council of the City of Dubuque that the 'City Man- ~er be authorized to acquire Lot 1 of Pinehurst for the sum of Nine Thous- and One Hundred Ten Dollars and that he property be set aside as a park ^ommemorating the memory of Wil- +am B. Allison and David B. Hen- derson; Be It Further Special November 26th, 1940. Resolved, That there be and there is hereby appropriated the sum of Nine Chousand One Hundred Ten Dollars for the purchase of I,ot 1 of Pinehurst from the General Fund out of any sur- plus arising from the collections of de- linquent taxes. Passed, adopted and approved, this 26th day of November, 1940. F. W. THOMPSON, Mayor, FRANK VAN DUEI,MAN, ALBERT ~VHARTON, 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 `he 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 Mur- phy. Carried by the following vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton, Nays-None, J. J. SxEA, City Clerk. Approved _______________________1941, Adopted ________________________1941, ---------------------- ---------------------- Councilmen: ______________________ Attest: ----------------------------- City Clerk. z37