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1940 December Council Proceedings238 Regular Session, December 2nd, 1940 239 C ity G o u nci 0 (Official.) Regular Session, December 2nd, 1940. Council met at 8:15 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, 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 Ivfurphy, Schueller, Van Duelman, Wharton. Nays-None. Notice of Claim of Mrs. Robert J. Brown in the amount of $200,00 for in- juries sustained in a fall at the inter- section of Walnut Street and Jefferson Street, presented and read. City So- licitor Kintzinger advised 'Council that au investigation had been made of this claim and would recommend that the claim be denied. Councilman Wharton moved that the recommendation of City Solicitor Kintzinger be approved and the claim ordered disallowed. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Notice of Amended Claim of Frank Carter, Administrator of the Estate of pulia Carter, deceased, 'Claimant, in the amount of $4,650.00 for injuries sus- tained by the said Julia Carter in a fall on a defective sidewalk in the 700 block on Dodge Street, presented and read. Councilman Van Duelman moved that the Notice of Amended Claim be re- ferred to the City Solicitor for investi- gation and report. Seconded by Coun- cilman Wharton, Carried by the fol- lowing vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. 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 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 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 if $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, Gra- ding Bonds in the amount of $10,000,00 and Improvement Bonds in the amount of $30,000.00 matured and Grading Bond Interest in the amount of $2,025.00 plus Improvement Bond Interest 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 $12,025.00 from the Emergency Fmtd 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 far 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 transferred fi•om the Emergency Fund the sum of $12,025.00 to the Grading Fund and the sum of $14,162.50 to the Improvement Fund, and the State Comptroller is hereby petitioned to authorize and ap- prove such transfers; Be It Further Resolved, That upon the approval of such transfer the Auditor of the City of Dubuque is directed to adjust his books accordingly and to notify the treasurer of such transfers, and such notification shall be accompanied by a copy of this resolution and the record of its adoption. The resolution was passed, adopted and approved by unanimous action of the City Council of the 26th day of No- vember, 1940, and all members thereof signed their names thereto. ;•. W. THOMPSON, Mayor, FRANK VAN DUEI.MAN, ALBERT WHARTON, B. A. SCHUEI,LER, GEO. R. MURPHY, Councilmen. Attest: J.J. SH)•A, City Clerk. 240 Regular Session, December 2nd, 1940. The foregoing resolution and applica- tion having been filed with the State - Comptroller, the transfer requested is approved this 27th day of November, 1940. ' C. FRED PORT$R, State Comptroller. r -i i ~_ ~_ Councilman Van Duelman moved that the approval of State Comph~oller Porter be received and placed on file. Seconded by Comncilman Schueller. Carried by the following vote: Yeas- Mayor Thompson, Councilmen Mur- phy, Schueller, Van Duelman, Whar- ton. Nays-None. Resolution No. 112'-40. Resolution and Application for Permanent Transfer of Funds, IVhereas, 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 the Improvement Fund the sum of $6,449.38 which is to be supplemented by a transfer of $14,162.50 from the 1•mergency Fund; and Whereas, as of the 1st of November, 1940, thet•e were balances of $40,761.48 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 during th.e succeeding year, and therefore, the requirements of Sec- tion 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 Whereas, Before any transfer can be made from the Water Works General Fund to any other fund, an application must be made to the State Comptroller for authority to make the transfer and his approval secured thereon; Now, Therefore, Be It Resolved, By the City Council of the City of Dubuque that, subject to the approval of the State Comptroller, there be and there is hereby transferred from the Water Works General Fund to the Improvement Fund, the sum of $20,000.00, and the State Comptroller is hereby petitioned to au- thorize and approve such transfer; Be It Further Resolved, That upon the approval of such transfer the Auditor of the City of Dubuque is directed to adjust his books accordingly and to notify the Treasurer of such transfer and such notification shall be accompanied by a copy of this resolution and the record of its adop- tion. The resolution was passed, adopted, and approved by unanimous action of the City Council on the 26th day of November, 1940, and all membet•s thereof signed their names thereto. F. W. THOMPSON, Mayor. FRANK VAN DUFLMAN, ALBIrRT WHARTON, B. A. SCHUTaLL>:R, GI+aO. R. MURPHY, Councihnen. Attest: J. J. SHI;A, City Clerk. The foregoing resolution and appli- cation having been filed with the State Comptroller, the transfer requested is approved this 27th day of November, 1940. C. FRFD PORT$R, State Comptroller. Councilman Van Duelman moved that the approval of State Comptroller Porter be received and placed on file. Seconded by Councilman Schueller. Carried by the following vote: Yeas- Mayor Thompson, Councilmen Mur- phy, Schueller, Van Duelman, Whar- ton. Nays-None. Communication of the National In- stitute of Municipal Law Officers re- questing that the City of Dubuque send City Solicitor Kintztnger as the city's representative to the national confer- ence to be held on December S, 6 and 7, 1940, at Washington, D. C., presented and read. Councilman Wharton moved that City Solicitor Kintzinger be au- thorized to attend the conference of the National Institute on Municipal Law Officers to be held December S, 6 and 7, 1940, at Washington, D, C., the expenses of said trip to be borne by the City of Dubuque. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Petition of Board of Dock Commis- sioners requesting that their former pe- tition be withdrawn in which they re- quested the vacation of certain streets and alleys in Dubuque Harbor Im- provement Company's Addition and al- so in which they requested the Council Regular Session, December 2nd, 1940. 241 to designate some other park in the City to be,called the Allison-Henderson Memorial Park, in lieu of the property set aside for this purpose in Dubuque Harbor Improvement Company's Ad- dition presented and read. Councilman Wharton moved that the request be granted. Seconded by Councilman Van Duelman, Carried by the following vote: Yeas-Mayor Thompson, Coun- cilmen Murphy, Schueller, Van Duel- man, Wharton. Nays-None. Petition of Board of Dock Commis- sioners requesting the vacation of the following streets and alleys presented and read: Tower Street from Right of Way of Dubuque and Dunleith Bridge Company to north side of the alley opposite Block 8 and loot 5 in Block 1 in Dubuque Harbor Improve- ment Company's Addition; Bell Street from Right of Way of Dubuque and Dunleith Bridge Company to north side of the alley opposite Bloclc 8 and Block 9 in Dubuque Harbor Improvement Com- pany's Addition; Market Street from Right of Way of Dubuque and Dun- leith Bridge Company to north side of Commercial Street and east / of Mar- ket Street from the north line of Com- mercial Street to center line in alley in Blocks 9 and 12, Dubuque Harbor Im- provement Company's Addition; Com- mercial Street from point opposite the west line of Lot 11 in Block 13 Du- buque Harbor Improvement Company's Addition to east line of Blocks 1 and 2 in Dubuque Harbor Imporvement Company's Addition; River Street from line between east line of Lot 4 in Block 13 and east line of Lot 16 in Block 17, Dubuque Harbor Improvement Com- pany's Addition to Right of Way of Dubuque and Dunleith Bridge Com- pany; the Diagonal Street from Com- mercial Street to Right of Way of Du- buque and Dunleith Bridge Company; Alley in Block 7, Dubuque Harbor Im- provement Company's Addition; Alley in Block 10, Dubuque Harbor Improve- ment Company's Addition; South / of Alley in Block 8, Dubuque Harbor Im- provement Company's Addition; South I/ of Alley in Block 9, Dubuque Har- bor Improvement Company's Addition; North / of Alley in Block 13, Dubuque Harbor Improvement Company's Addi- tion; South / of Alley in Block 13, Du- buque Harbor Improvement'Company's Addition opposite Lots 1, 2 and 3, Councilman Murphy moved that the petition be referred to the Planning and Zoning Commission for their rec- ommendation and report. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Thomp- son, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None, Petition of McNamara Grocery et al, merchants in the 1000 block on Julien Avenue remonstrating against the changing of the name of Julien Avenue to University Avenue, presented and t•ead. Dr, D. D, Welsh, president of the University of Dubuque addressed the Council requesting that the name of Julien Avenue together with Delhi Streeet from the intersection of Au- burn and Delhi Streets to city limits be changed to University Avenue and stat- ed that if the name of Julien Avenue was not changed to University Avenue it would destroy the purpose of the change as requested in their petition. Councilman Wharton moved that the petition be received and filed. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Petition of A. );. Keen et al request- ing that Bluff Street ];xtension be im- proved to such an extent that it can be used for vehicle transportation, present- ed and read. Councilman Murphy moved that the petition be referred to the Council to view the grounds. Sec- onded by Councilman Van Duelman, Carried by the following vote: Yeas- Mayor Thompson, Councilmen Murphy, Schueller, Van .Duelman, Wharton. Nays-None, Council Proceedings for the month of September, 1940, presented for approv- al. Councilman Van Duelman moved that the Council Proceedings for the month of September, 1940, be approved as printed. Seconded by Councilman printed, Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Thompson, Coun- cilmen Murphy, Schueller, Van Duel- man, 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 October, 1940, presented and read, Councilman Wharton moved that the proof of publication be received and filed. Seconded by Councilman Van Duelman. Carried by the follow- ing vote: Yeas-Mayor Thompson, 'Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Report of Park Commissioners from April 1, 1939, to April 1, 1940, present- ed. Councilman Murphy moved that the report of the Park Commissioners be referred to the Council, Seconded by Councilman Schueller. Carried by the following vote: Yeas -Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. ^ ~_ ~_ ~_ ~_ _~ 242 Session, December 2nd, 1940. December 2, 1940. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have ap- proved the following policies and de- sire to have your approval on same for filing; Taxi-Cab Yellow Cab Company, 9th and Iowa Streets, North Centro] Mutual Auto Ins. Ass'n., Policy No. 26036, Excavation Frank G. Braconier, 1091 Julien Ave- nue, London Guarantee & Accident Co., I,td., Policy No. YM1S09. Archie Levan, 2239 Central Avenue, The Western Casualty & Surety Co., Policy No. 11~I&C19SS7. Curtis-Straub Company, 1069 Main St., General Accident Fire & Life Assn. Corp., Ltd., Policy No. MC538S96. Respectfully submitted, A. A. RHOMBERG, City Manager Councilman Murphy moved that the policies be approved and placed on file. Seconded, by Councilman Schueller. Carried by the following vote: Yeas- Mayor Thompson, Councilman Mur- phy, Schueller, Van Duelman, Whar- ton. Nays-None. December 2, 1940. To the Honorable Mayor and City Council. Dubuque, Iowa, Gentlemen-At the session of the Council held August 5th, 1940, the peti- tion of Edwin C. Kuehnle requesting a refund of the interest and penalties on special sewer assessment for Lot 113 of Finley, Waples and Barton's Addition was referred to the City Manager for investigation and report. I have searched the records and find the lot in question was assessed for the' West Dubuque Sewer in December 22, 1930, in the amount of $97.23. Two in- stallments were paid in 1931 and 1932. Nothing was paid thereafter until Au- gust 3, 1940, when the delinquent as- sessments were paid to effect the pri- vate sale of the lot. The assessments have been paid in the usual manner and there appears to be no reason for granting any refund. I, therefore, recommend that the petition be received and filed. Respectfully submitted, A, A. RHQMBI;RG, City Manager, Councilman yon Duelman moved that the recommendation of City Man- ager Rhomberg be approved. Seconded by Councilman Wharton. Carried by the following vote: Yeas -Mayor Thompson, Couttciltnen Murphy, Schueller, Van Duelman, Wharton. Nays-None. December 2, 1940. To the Honorble Mayor and City Council, Dubuque, Iowa. Gentlemen-At the session of the Council held October 21st, 1940, the pe- tition of Edwin C. Kuehnle requesting a refund of interest and penalties ou special sewer assessment for Lot 1 of 1 of the East % of Lot 10 of Sister's Ad- dition was referred to the City Man- ager and City Treasurer for investiga- tion and report. We have examined the records and find that the lot in question was as- sessed for the West Dubuque Sewer on Decetber 22, 1930, in the amount of $94.12. The first five installments were paid. On September 27, 1940, the five delinquent assessments were paid so that the property might be sold. We find uo justification for granting a refund and, therefore, recommend that the petition be received and filed. Respectfully submitted, A. A. RHOMBERG, 'City Manager. OTTO F .PULS,' City Treasurer. Councilman Van Duelman moved that the recommendation of City Man- ager Rhomberg and City Treasurer Puls be approved. Seconded by Coun- cilman Schueller. Carried by the fol- lowing vote: Yeas-Mayor Thomp- son, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. December 2, 1940. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentleten-I hereby certify that the work of constructing an eight inch sanitary sewer in Concord Street from Marion Street to Coates Street and in Coates Street from Concord Street to Fremont Avenue and in Fremont Ave- nue frotn Coates Street four hundred seventy-four feet southerly under the contract bearing date of September 14, 1940, by and between the Thomas Flynn Coal Co. and the City pf Du- buque has been completed according to the terms, conditions and stipulations of said contract, and in every way com- plies with the same and With the plans and specifications for said improvement. I further certify that said improve- ment as constructed embraces the fol- lowing materials and work: Regular Session, December 2nd, 1940. 243 16921inea] feet of 8" sewer Pipe @ $1,00---------------$1,692.00 33 Y branches 8" x 8" @ $2.50 82,50 7 manholes @ $90,00_________ 630,00 10.1 sq. yds, asphalt pave- ment @ $2.50__________-- 2525 804.5 sq. ft. concrete side- walk @ .12________________ 96.54 Total due contractor________$2,52629 That the additional cost and expenses incident to said improvement, and which should be included in the amount to be assessed are as follows: Printing, publishing notices and resolutions __________________$100.92 Interest for S2 days @ 6°fo----- 21,94 Making total cost of said improvement ______________$2,649.15 I recommend the acceptance of the work by the City Council. Respectfully submitted, A. A. RHOMBERG, City Manager, Councilman Van Duelman moved that the recommendation of City Man- ager be approved. Seconded by Coun- cilman Wharton. Carried by the fol- lowing vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Resolution No. 114-40. A resolution accepting the improvement and direct- ing the Clerk to publish notice of the intention of the City Council to levy a special assessment and directing the City Treasurer to pay the contractor with certificates for the construction of an eight (8) inch vitrified the sanitary sewer in Concord Street from the pres- ent wet well in Concord Street and Marion Street to the center of Coates Street and in Coates Street from the center of Concord Street to the west curb line of Fremont Avenue and in Fremont Avenue from the center of Coates Street about four hundred and seventy-four feet southerly, presented and read. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Wharton. Carried by the following vote: Yeas- Mayor Thompson, Councilmen Mur- phy, Schueller, Van Duelman, Whar- ton. Nays-None. Resolution No. 115-40. Whereas, Lot 3 of St. Raphael Addi- tion in the City of Dubuque, Dubuque County, Iowa, was sold on January 2, 1939, 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 1935 to 1937 inclusive, and Whereas, the said Dubuque County, Iowa, desires to sell the above describ- ed real estate to Bess K, Kies, for $20.00, and Whereas, The sale of said property by Dubuque County, Iowa, to Bess K, Kies for a sum less than the total amount stated in the Tax Sale Certifi- cate including all endorsements of sub- sequent general taxes, interests and costs requires the written approval of a majority of all the tax levying and tax certifying bodies having any interest in said general taxes, Now, Therefore, Be It Resolved, By the City Council of the City of Dubuque, Iowa, that the sale of said property to Bess K. Kies for the sum of $20.00, in cash be and the same is hereby authorized and ap- proved. Passed, adopted and approved this 2nd day of December, 1940. F. W. THOMPSON, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, B. A. SCHUELLER, GEO. R, MURPHY, Councilmen. Attest: J. J. SH1aA, City Clerk. Councilman Wharton 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. 116-40. Whereas, Lot 4 of the Subdivision of hots 131 and 132 of Union Addition in the City of Dubuque, Dubuque County, Iowa, was sold on February 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 year 1925 to 1934 inclusive, and Whereas, The said Dubuque County, Iowa, desires to sell the above de- scribed real estate to Frank Riniker for $100.00 and Whereas, The sale of said property by Dubuque County, Iowa, to Frank Riniker for a sum less than the total amount stated in the Tax Sale Certifi- cate including all endorsements of sub- sequent genera] taxes, interests and costs requires the written approval of a majority of all the tax levying and tax certifying bodies having any tnter- est in said general taxes; Now, There- fore, Be It Resolved, By the City Council of the City of Dubuque, Iowa, that the sale 244 Re,u(ar Session; December 2nd, 1940. ~ Regular Session, December 2nd, .1940. 245 of said property to Frank Riniker for the sum of $100.00, iit cash, be and the same is hereby authorized and ap- proved. Passed, adopted and approved this 2nd day of December, 1940. F. IV. THOIvIPSON, Mayor, FRANK VAN DUELMAN, ALBERT 1VHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman 1ldurphy moved the adop- tion of the resolution. Seconded by Councihnan Wharton. Carried by the following vote: Yeas-Mayor Thomp- son, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Resolution No, 117-40. 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 applica- tions be and the same are hereby ap- proved and it is ordered that the prem- ises to be occupied by such applicants shall be forthwith inspected. Class "B" Permit Name Address Francis X. Page, 73-75 East 4th Street. John Luber and Anna Luber, 2417 Rhomberg Avenue. Peter J. Kress, 41 West 7th Street. Passed, adopted and approved this 2nd day of December, 1940. F, IV. 'I'HO11fPSON, 114ayor. FRANK VAN DUELnfAN, ALBERT 1VHARTON, B. A. SCHUELLER, GEO. R. 1~IURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Murphy. Car- ried by the following vote; Yeas- Mayor Thompson, Councilmen Mur- phy, Schueller, Van Duelman, Whar- ton. Nays-None. Resolution 118-40. 1Vhereas, Heretofore applications were filed by the within named appli- cants for Class "B" Beer Permits and they have received the approval of this Council; and Whereas, The premises to be occu- pied by such applicants have been in- spected and found to comply with the ordinances of this City and they have filed a proper bond; Now, Therefore, Be It Resolved, By the City Council of the City of Dubuque that the 141anager be ahd he is hereby directed to issue to the following named persons a Beer Permit. Name Address Class "B" Permit Francis X. Page, 73-75 East 4th Street. John Luber and Anna Luber, 2417 Rhomberg Avenue. Peter J, Kress, 41 West 7th Street. Be It Further Resolved, That the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 2nd day of December, 1940. F, 1V. 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. Ordinance No, 23-40. An Ordinance grouting to the Telegraph-Herald, its successors and assigns, the right to construct and maintain a Canopy over the entrance to the Radio Station on the Southeast corner of Eighth Avenue and Bluff Street, and Fuel Tank under the sidewalk on the West side of said building, and prescribing the conditions of such permit, presented and read. Councilman Murphy moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas -Mayor Thompson, Councilman 111urphy, Schueller, Van Duelman, Wharton. Nays-None. Councilman Van Duel- man moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Niayor Thomp- son, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. The ordinance was then read a second time. Councilman Van Duelman moved that the reading just had be considered the second reading of the ordinance. Seconded by Councilman Wharton. Carried by the following vote: Yeas- Mayor Thompson, Councilman 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 Councilman Murphy. Carried by the following vote: Yeas-Mayor Thomp- sau, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Councilman Schueller requested that he desired to be placed on record as in favor of inserting in grants and placing in the ordinance covering the same a clause ordering the depositing with the City of Dubuque a public liability policy insuring the City of Dubuque against any and al] damages to person and/or property which might result from the construction and maintenance of struc- tures where combustible material is be- ing stored on City property or where any person, firm or corporation wishes to use City property for private use. Ordinance No. 24-40. An Ordinance amending an Ordinance entitled "Ordi- nance Number 99 changing the names of Streets and Avenues within the City of Dubuque," by changing the name of West Fourteenth Street to Loras Boul- evard, presented and read. Councilman Van Duelman moved that the reading just had be considered the-first reading of the ordinance. Seconded by Coun- cilman Wharton. Carried by the fo]- lowingvote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, 1Vhartou. Nays-None. Councilman Van Duelman moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Councilman Whar- ton. Carried by the following vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-Noce. 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. Second- ed by Councilman Wharton. 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 Councilman Wharton. Carried by the following vote: Yeas-Mayor Thomp- son, Counclimen Murphy, Schueller, Van Duelman, Wharton. Nays-None, Ordinance No. 25-40. An Ordinance amending an Ordinance entitled "Ordi- nance Number 99 changing the names of Streets and Avenues within the City of Dubuque," by changing the name of Julien Avenue and Delhi Street com- mencing at Auburn Street west to the City Limits to the name of University Avenue, presented and read. Council- man Vau Duelman moved that the reading just had be considered the first reading of the ordinance. Seconded by Cotncilman Wharton. Carried by the fallowing vote: Yeas-Mayor Thomp- son, Councilmen Schueller, Van Duel- man, Wharton Nays -Councilman Murphy, Councilman Van Duelman moved that the rules be suspended re- quiring an ordinance to be read on three separate days. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Thomp- son, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. The ordinance was then read a second time. Councilman Van Duelman moved that the reading just had be considered the second reading of the ordinance. Seconded by Councilman Schueller. Carried by the following vote: Yeas- Ivlayor Thompson, Councilmen Schuel- ler, Van Duelman, Wharton, Nays- Councilman Murphy. Councilman Van Duelman 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 Councilman Wharton. Carried by the following vote: Yeas-Mayor Thomp- son, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Councilman Murphy requested that the record show that the reasons why he was opposed to the adoption of Or- dinance No. 25-40, providing for the changing of the name of Julien Avenue, were for sentimental reasons and that if the Council at some future time wished to change the name of some other street to Julien Street or Avenue he would then be in favor of changing the name of the present Julien Avenue, There being no further business, Councilman Van Duelman moved to adjourn. Seconded by Councilman Wharton, Carried by the following vote: Yeas-Mayor Thompson, Coun- cilmen Murphy, Schueller, Van Duel- man, Wharton. Nays-None. J. J. SHEA, City Clerk. Approved _______________________1941. Adapted ________________________1941. Councilmen: ~_______________________ Attest: -----------~•------------------ City Clerk. ~_ ~_ ~_ 246 Session, December 18th, 1940. City Council (Official) Special Session, December 18th, 1940. Council met at 8:15 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 considering applications for cigarette permits and acting on any other business as may properly come before a regular meeting of the City Council. Councilman Murphy moved that J. J. Hail be appointed Clerk of the Council meeting in the absence of City Clerk J. J. Shea, who is ill. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas -Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton, Nays=None. Notice of Claim of Mrs. Merlin Kluclc in an unstated amount for injuries sus- tained in a fall at the alley intersection on Eighth Avenue between the Mont- gomery Ward Building and the Ro- shek Bros. Company Building, present- ed attd read. Councilman Murphy moved that the Notice of Claim be re- ferred to the City Solicitor for investi- gation and report. Seconded by Coun- cilman Van Duelman. Carried by the following vote: Yeas-Mayor Thomp- son, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None, Notice of Claim of Charley S. Duffy in the amount of $2.86 for labor and ma- terial in the replacing of two lights of glass at his residence at 693 Julien Avenue, said damage being caused by large jackstones thrown through win- dows from the City property adjoining his home, presented and read. Coun- cilman Wharton moved that the Notice of Claim be referred to the City So- licitor for investigation and report. Sec- onded by Councilman Schueller. Car- ried by the following vote: Yeas- Mayor Thompson, Councilmen Mur- phy, Schueler, Van Duelman, Whar- ton, Nays-None, Notice of Claim of H. C. Arp in the amount of $lOS.90 for damages to his automobile caused in skidding on the icy pavement and crashing into the guard rail on Highway No. 61 about two blocks from the end of the grade on the Rockdale Road, presented and read. City Solicitor Kintzinger recom- mended that the claim be disallowed, Councilman Murphy moved that the recommendation of City Solicitor Kintzinger be approved and the claim ordered disallowed. Seconded by Councilman Schueller. Carried by the follownig vote: Yeas-Mayor Thomp- son, Councilmen Murphy, Schueller, Van Duelman, Wharton, Nays-None. Communication of George Bennett, submitting his resignation as City As- sessor, the same to become effective December 31st, 1940, presented and read. Councilman Van Duelman moved that the resignation be received with regret. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Thompson, Coun- cilmen Murphy, Schueller, Van Duel- man, Wharton. Nays-None. Communication of Harry J. Hanover submitting application for appointment to the office of City Assessor, presented and read. Councilman Wharton moved that the communication be reecived and filed. Seconded by Councilman Van Duelman, Carried by the following vote: Yeas-Mayor Thompson, Coun- cilmen Murphy, Schueller, Vatt Duel- man, Wharton. Nays-None. Commnnication of the Retail Mer- chants Bureau, expressing thanks to the City Council for their co-operation lit connection with the Christmas Pa- rade held on November 30th, 1940, pre- sented attd read. Councilman Murphy moved that the communication be re- ceived and filed. Seconded by Council- man Van Duelman, Carried by the following vote: Yeas-Mayor Thomp- son, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Communication of the League of Iowa Municipalities, submitting for Council consideration and approval, copies of bills for exempting cities and towns from state sales and gasoline taxes and for switching a levy on city real estate for county roads to city streets, said bills to be presented at the coming session of the legislature, presented and read. Councilman Whar- ton moved that the City Manager and City Solicitor be instructed to contact Dubuque County's state senator and state representatives and request them to support this 1'egislation, Seconded by Councilman Schueller. Carried by the following vote: Yeas -Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Petitiion of Dubuque Visiting Nurse Association requesting permission for the holding of a Bangle Sale on the streets of Dubuque an December 14th, Session, December 18th, 1940, 247 1940, presented and read, City Man- ager Rhomberg advising Council that on account of no Council meeting being scheduled that he had granted permis- sion for the holding of said Bangle Sale. Councilman Wharton moved that the action of City Manager Rhom- berg in granting the request of the Du- buque Visiting Nurse Association for the holding of a Bangle Sale ou De- cember 14th, 1940, be confirmed. 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 Murphy moved that the rules be suspended for the purpose of allowing any one present in the Coun- cil Chamber, who wishes to do so, to address the Council. Seconded by Councilman Schueller. Carried by the following vote: Yeas-&Iayor Thomp- son, Councilmen 1~Iurphy, Schueller, Vau Duelman, Wharton. Na}*s-None. Mr. Al. Wunder addressed the Council, requesting suspension of the 1939 taxes on various pieces of real estate. City Solicitor advised suspension of the 1939 taxes on various pieces of real estate. City Solicitor Kintzinger advised Mr. Wunder to file his application with the Board of Supervisors. No action taken by the Council. Petition of the Martin Oil Company, requesting permission to erect a com- bination sign post and flood-light post in the city boulevard in front of their filling station at 230 Locust Street, pre- sented and read. Councilman Van Duel- man moved that the petition be re- ferred to the Council to view the grounds. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Thompson, Coun- cilmen Murphy, Schueller, Van Duel- man, Wharton, Nays-None. Petition of Cora K. Wiegand, re- ferred to the Cit}' Council by the Board of Supervisors, requesting suspension of the 1939 taxes on Southeeast / of hots 78 and 74 of Cook's Addition, pre- sented and read. Councilman Murphy moved that the petition be referred to the City Solicitor for investigation and report, Seconded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Thompson, Coun- cilmen Murphy, Schueller, Van Duel- man, Wharton. Nays-None, Petition of Mrs. G. Waldorf, referred to the City Council by the Board of Supervisors, requesting suspension of the 1939 taxes on I,ot 81 of I,angwor- thy's Addition, presented and read. Councilman Murphy moved that the petition be referred to the City Solici- tor for investigation and report. Sec- onded by Councilman Van Duelman. Carried by the following vote: Yeas- Mayor Thompson, Councilmen Mur- phy, Schueller, Van Duelman, Whar- ton. Nays-None. - Grant and Easement. Know All Men By These Presents: That in consideration of $1.00 in hand paid by the City of Dubuque, Iowa, a municipal corporation, the receipt whereof is hereby acknowledged, the undersigned being the owner of I,at 38, Tschirgi & Schwind's Sub, in the City of Dubuque, hereby grants and conveys to said City of Dubuque, a perpetual right of easement, in, over and across I,ot 38, Tschir- gi & Schwind's Sub„ for the purpose of constructing Storm Sewer, with the right to go upon said premises at al] reasonable times for the purpose of inspecting and repairing the same when installed; provided, however, that said City of Dubuque shall replace whatever earth, sod or shrubbery that may be disturbed in the installation or repair of said Storm Sewer to as good condition as it was in before the same was disturbed. This Grant of basement shall be binding upon the undersigned, his heirs, executors, administrators, purchasers attd assigns forever. ALBERT A. GIEGERICH BIRDETTA I,. GIEGERICH State of Iowa, Dubuque County, ss: Be It Remembered, That on this 10th day of December, 1940, personally ap- peared before tne, a Notary Public, in and for Dubuque County, Iowa, Albert A. Giegerich and Birdettta 1a. Gieger- ich, who are personally known to me and acknowledged that they executed the foregoing instrument as their vol- untary act and deed. GERAI,DINE I,. DEMKIER, Notary Public in and for (SEAT,) Dubuque County, Iowa. Councilman Murphy moved that the Grant and Easement be accepted and ordered recorded with the County Re- corder. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Thompson, Coun- cilmen Murphy, Schueller, Van Duel- man, Wharton. Nays-None. Grant and Easement. Know All Men By These Presents: That in consideration of $1.00 in hand paid by the City of Dubuque, Iowa, a municipal corporation, the receipt whereof is hereby acknowledged, the undersigned being the owner of I,ot S6, Tschirgi & Schwind's Sub., in the City 248 Special Session, December 18th, 1940. of Dubuque, hereby grants and conveys to said City of Dubuque, a perpetual right of easement, in, over and across said Lot 56, Tschirgi & Schwind's Sub., for the purpose of constructing a Storm Sewer, with the right to go upon said premises at all reasonable times for the purpose of inspecting and repairing the same when installed; provided, how- ever, that said City of Dubuque shall replace whatever earth, sod or shrub- bery that may be disturbed in the in- stallation or repair of said Storm Sewer to as good condition as it was iu before the same was disturbed. This Grant of Easement shall be binding upon the undersigned, his heirs, executors, admiinstrators, purchasers and assigns forever. WM. V. TOEPEL, REALTY INVESTORS CORPORA- TION, By Christ A. Voelker, Pres., By Wm. H. Keller, Secy. State of Iowa, Dubuque County, ss: Be It Remembered, That on this 10th day of December, 1940, personally ap- peared before me, a Notar^ Public, m and for Dubuque County, Iowa, Wm. V. Toepel, who is personally known to me and acknowledged that he executed the foregoing instrument as his volun- tary act and deed. GERALDINE L• DEMKIER, Notary Public in and for (SEAL) Dubuque County, Iowa. Schueller. Carried by the following vote: Yeas-Mayor Thompson, Coun- cilmen Murphy, Schueller, Vau Duel- tnan, Wharton. Nays-None. Grant and Easement. Know All Men By These Presents: That in consideration of $1.00 in hand paid by the City of Dubuque, Iowa, a municipal corporation, the receipt whereof is hereby acknowledged, the undersigned being the owner of Lot 20, Audubon Add. and hots 39, 47, 57, 58 & S9 Bellevue Add., in the City of Du- buque, hereby grants and conveys to said City of Dubuque, a perpetualright of easement, in, over and across said Lot 20 Audubon Add, and hots 39, 47, S7, S8 & 59 Bellevue Add., for the pur- pose of constructing a Sanitary Sewer and Water Nlain with the right to go upon said premises at all reasonable times for the purpose of inspecting and repairing the same when installed; pro- vided, however, that said City of Du- buque shall replace whatever earth, sod or shrubbery that may be disturbed in the installation or repair of said Sani- tary Sewer and Water Main to as good condition as it was in before the same was disturbed. This Grant of Easement shall be binding upon the undersigned, his heirs, executors, administrators, purchasers and assigns forever, VOELKER REALTY CO., By Chris. A. Voelker, Secy. State of Iowa, Dubuque County, ss: On this 10th day of December, A. D. 1940, before me, Eleanor E. Kolfen- bach, aNotary Public in and for the County of Dubuque, State of Iowa, per- sonally appeared Chris A, Voelker and Wm. H. Keller, to me personally known, who being by me duly sworn, did say each for himself that they are, respectfully, president and secretary of Realty Investors Corporation,_the cor- poration signing the within and forego- ing instrument; that no seal has been procured by said corporation, and that said instrument was signed on behalf of said corporation by authority of its board of directors, and the said Chris. A. Voelker, as such president, and the said Wm. H. Keller, as such secretary, acknowledged the execution of said in- strument to be the voluntary act and deed of said corporation by it and by each of said persons as such officers voluntarily executed. ELEANOR E. KOLFENBACH, Notary Public in and for (SEAL) Dubuque County, Iowa. Councilman Murphy moved that the Grant and Easement be accepted and ordered recorded }vith the 'County Re- corder. Seconded by Councilman State of Iowa, Dubuque County, ss: Be It Remembered, That on this 13th day of November, 1940, personally ap- peared before me, a Notary Public in and for Dubuque County, Iowa, Chris. A. Voeeker, who is personally known to me and acknowledged that he executed the foregoing instrument as his volun- tary act and deed. GERALDINE L. DEMKIER, Notary Public in and for (SEAL) Dubugue County, Iowa. Councilman Murphy moved that the Grant and Easement be accepted and ordered recorded with the County Re- corder. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Thompson, Coun- cilmen Murphy, Schueller. Van Duel- man, Wharton, Nays-None. Grant and Easement, Know All Men By These Presents: That, in carsideration of $1.00 in hand paid by the City of Dubuque, Iowa, a municipal corporation, the receipt whereof is hereby acknowledged, the undersigned being the owner of Lot 56, Bellevue Add., in the City of Du- buque, hereby grants and conveys to Special Session, December 18th, 1940, 249 said City of Dubuque, a perpetual right of easement, in, over and across said Lot 56 Bellevue Add., for the purpose of constructing a sanitary sewer and water with the right to go upon said premises at all reasonable limes for the purpose of inspecting and repairing the same when installed; provided, how- ever, that said City of Dubuque shall replace whatever earth, sad or shrub- bery that may be disturbed in the in- stallation or repair of said sanitary sew- er and water main to as good condition as it was in before the same was dis- turbed. This Grant of Easement shall be binding upon the undersigned, his heirs, executors, administrators, purchasers and assigns forever. ZITA LENSTRA WM. LENSTRA State of Iowa, Dubuque County, ss; Be It Remembered, That on this 11th day of December, 1940, personally ap- peared before me, a Notary Public in and for Dubuque County, Iowa, Zeta Lenstra and Wm. Lenstra, who are per- sonally known to me and acknowledged that they executed the foregoing in- strument as their voluntary act and deed. GERALDINE L. DEMKIER, Notary Public in and for (SEAL) Dubuque County, Iowa, Councilman Murphy moved that the Grant and Easement be accepted and ordered recorded with the County Re- corder. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Thompson, Coun- cilmna Murphy, Schueller, Van Duel- man, Wharton. Nays-None, Grant and Easement, Know All Men By These Presents: That, in consideration of $1.00 in hand paid by the City of Dubuque, Iowa, a municipal corporation, the receipt whereof is hereby acknowledged, the undersigned being the owner of Lot 10 of Sub, of Lot 52, S3, 54 and 5S Belle- vue Add,, in the City of Dubuque, here- by grants and conveys to said City of Dubuque, a perpetual right of easement, in, over and across said Lot ]0 of Sub. of Lots 52, 53, S4 and 55 Bellevue Add., for the purpose of constructing a Sani- tary Sewer and Water Main with the right to go upon said premises at al] reasonable times for the purpose of in- specting and repairing the same when installed; provided, however, that said City of Dubuque shall replace whatever earth, sad or shrubbery that may be disturbed in the installation or repair of said Sanitary Sewer and Water Main to as good condition as it was in before the same was disturbed. This Grant of Easement shall be binding upon the undersigned, his heirs, executors, administrators, purchasers and assigns forever, OLIVER G, KRINGLE State of Iowa, Dubuque County, ss; Be It Remembered, That on this 14th day of November, 1940, personally ap- peared before me, a Notary Public, in and for Dubuque County, Iowa, Oliver G. Kringle, who is personally known to me and acknowledged that he executed the foregoing instrument as his volun- tary act and deed. GERALDINE L. DEMKIER, Notary Public in and for (SEAL) Dubuque County, Iowa, Councilman Murphy moved that the Grant and Easement be accepted and ordered recorded with the County Re- corder. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Thompson, Coun- cilmen Murphy, Schueller, Van Duel- man, Wharton. Nays-None, Grant and Easement. Know All Men By These Presents: That, in consideration of $1.00 in hand paid by the City of Dubuque, Iowa, a municipal corporation, the reeeipt whereof is hereby acknowledged, the undersigned being the owner of Lot 1 of Lot S0 and Lot 1 of Lot Sl Bellevue Add. and Lot 1 of Sub, of Lots 52, S3, S4 and SS Bellevue Add, in the City of Dubuque, hereby grants and conveys to said City of Dubuque, a perpetual right of easement, in, over and across said Lot 1 of Lot 50 and Lot 1 of Lot 51 Bellevue Add, and Lot 1 of Sub, of Lots S2, S3, 54 and SS Bellevue Add. for the purpose of constructing a Sanitary Sew- er and Water Main with the right to go upon said premises at all reasonable times for the purpose of inspecting and repairing the same when installed; provided, however, that said City of Dubuque shall replace whatever earth, sod or shrubbery that may be disturbed in the installation or repair of said san- itary sewer and water main to as good condition as it was in before the same was disturbed. This Grant of Easement shall be binding upon the undersigned, his heirs, executors, administrators, purchasers and assigns forever. ANNA C. SCHILTZ State of Iowa, Dubuque County, ss: Be It Remembered, That on this 9th day of December, 1940, personally ap- peared before me, a Notary Public, in and for Dubuque County, Iowa, Anna C, Schiltz, who is personally known to me and acknowledged that she executed 250 Special Session, December 18th, 1940. the foregoing instrument as her volun- tary act and deed. GERALDINE L. DEMKIER, Notary Public in and for (SEAL) Dubuque County, Iowa. Counciltan Murphy moved that the Grant and Easement be accepted and ordered recorded with the County Re- corder. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Thompson, Coun- cilmen Murphy, Schueller, Van Duel- mau, Wharton. Nays-None. Grant and Easement. Know All Meu By These Presents: That, in consideration of $1.00 in hand paid by the City of Dubuque, Iowa, a municipal corporation, the receipt whereof is. hereby acknowledged, the undersigned being the owner of Lot 1 of Sub. of hots 48 and 49 Bellevue Add. in the City of Dubuque, hereby grants and conveys to said Citp of Du- buque, aperpetual right of easement, in, over and across said Lot 1 of Sub. of hots 48 and 49 Bellevue Add. for the purpose of constructing a Sanitary Sew- er and Water Main, with the right to go upon said premises at all reasonable rimes fot• the purpose of inspecting attd repairing the same when installed; pro- vided, however, that said City of Du- buque shall replace whatever earth, sod or shrubbery that may be disturbed in the installation or repair of said Sanitary Sewer and Water Main to as good condition as it was in before the same was disturbed. This Grant of Easement shall be binding upon the undersigned, his heirs, executors, administrators, purchasers and assigns forever. F. J. LILLIE ELSIE LILLIE State of Iowa, Dubuque County, ss: Be It Remembered, That on this 14th day of November, 1940, personally ap- peared before me, a Notary Public, in and for Dubuque County, Iowa, F. J, Lillie and Elsie Lillie, who are person- ally known to me and acknowledged that they executed the foregoing instru- ment as their voluntary act and deed. GERALDINE L. DEMKIER, Notary Public in and for (SEAT,) Dubuque County, Iowa, Councilman Murphy moved that the Grant and Easement be accepted and ordered recorded with the County Re- corder. Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Thompson, Coun- cilmen Murphy, Schueller, Van Duel- man, Wharton, 1Vays-None. Grant and Easement. Know All Men By These Presents: That, in consideration of $1.00 in hand paid by the City of Dubuque, Iowa, a municipal corporation, the receipt whereof is hereby acknowledged, the undersigned being the owner of Lot 46, Bellevue Add., in the City of Dubuque, hereby grants and conveys to said City of Dubuque, a perpetual right of ease- ment, in, over and across said Lot 46, Bellevue Add., for the purpose of cou- structing aSanitary Sewer and Water lYlain, with the right to go upon said premises at all reasonable times for the purpose of inspecting and repairing the same Gvhen installed; provided, how- ever, that said City of Dubuque shall replace whatever earth, sod or shrub- bery that may be disturbed in the in- stallation or repair of said Sanitary Sewer and Water main to as good con- dition as it was in before the same was disturbed. This Grant of Easement shall be binding upon the undersigned, his heirs, executors, administrators, purchasers and assigns forever. EDWARD 1V. HORRIG State of Wisconsin, Ontagamtie Coun- ty, ss: Be It Remembered, That on this 4th day of December, 1940, personally ap- peared before me, a Notary Public in and for Ontagannie County, Wisconsin, Edward W, Horrig, who is personally known to me and acknowledged that he executed the foregoing instrument as his voluntary act and deed. 0. A. HANSEN, Notary Public in and for (SEAL) Ontagannie County, Wis- consin. My Commission Ex- pires May 25, 1941. Councilman Murphy moved that the Grant and Easement be accepted and ordered recorded with the County Re- corder. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Thompson, Coun- cilmen Murphy, Schueller, Van Duel- man, Wharton. Nays-None. Grant and Easement. Know A11 Men By These Presents: That in consideration of $1.00 in hand paid by the City of Dubuque, Iowa, a municipal corporation, the receipt whereof is hereby acknowledged, fhe undersigned being the owner of Lot 4S Bellevue Add., in the City of Dubuque, hereby grants and conveys to said City of Dubuque, a perpetual right of ease- ment, in, over and across said Lot 4S Bellevue Add., for the purpose of con- structing a Sanitary Server and Water Main with the right to go upon said Session, December 18th, 1940 premises at all reasonable times for the purpose of inspecting and repairing the same when installed; provided, how- ever, that said City of Dubuque shall replace whatever earth, sad or shrub- bery that may be disturbed in the in- stallation or repair of said Sanitary Sewer and Water Main to as good con- dition as it was in before the same was disturbed. This Grant of Easement shall be binding upon the undersigned, his heirs, executors, administrators, purchasers and assigns forever. FRANK X, RETTENMAIER ROSE MUELLER State of Iowa, Dubuque County, ss: Be It Remembered, That on this 26th day of November, 1940, personally ap- peared before me, a Notary Pubilc, ltt and for Dubuque County, Iowa, Frank X. Rettenmaier and Rose Mueller, who are personally known to me and ac- knowledged that they executed the foregoing instrument as their voluntary act and deed. GERALDINE L. DEMKIER, Notary Public in and for (SEAL) Dubuque County, Iowa. Councilman Murphy moved that the Grant and )casement be accepted and ordered recorded with the County Re- corder. Seconded by Councilman Schueller. 'Carried by the fallowing vote: Yeas-Ma}ror Thompson, Coun- cilmen Murphy, Schueller, Van Duel- tnan, Wharton. Nays-None. Grant and Easement. Know All Men By These Presents: That in consideration of $1.00 in hand paid by the City of Dubuque, Iowa, a municipal corporation, the receipt whereof is hereby acknowledged, the undersigned being the owner of Lot 44, Bellevue Add., itt the City of Dubuque, hereby grants and conveys to said City of Dubuque, a perpetual right of ease- ment, in, ovet• and across said Lot 44, Bellevue Add., for the purpose of con- structing a 5attitary Sewer and Water Main, with the right to go upon said premsies at all reasonable times for the purpose of inspecting and repairing the same when installed; provided, how- ever, that said City of Dubuque shall replace whatever earth, sod or shrub- bery that may be disturbed in the in- stallation or repair of said Sanitary Sewer and Water Main, to as good con- dition as it was in before the same was disturbed. This Grant of Easement shall be binding upon the undersigned, his heirs, executors, administrators, purchasers and assigns forever. PETER P. MUELLER, JR. 251 State of Iowa, Dubuque County, ss: Be It Remembered, That on this 22nd day of November, 1940, personally appeared before me, a Notary Public, in and for Dubuque County, Iowa, Peter P. Mueller, Jr., who is personally known to me and acknowledged that he executed the foregoing instrument as his voluntary act and deed, GERALDINE L, DEMKIER, Notary Public in and for (SEAL) Dubuque County, Iowa. Councilman Murphy moved that the Grout and Easement be accepted and ot•dered recorded with the County Re- corder. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Thompson, Coun- cilmen Murphy, Schueller, Van Duel- mau, Wharton. Nays-None, Grant and Easement, Know All Men By These Presents: That in consideration of $1,00 in hand paid by the City of Dubuque, Iowa, a municipal corporation, the receipt whereof is hereby acknowledged, the undersigned being the owner of Lot 43, Bellevue Add., in the City of Dubuque, hereby grants and conveys to said City of Dubuque, a perpetual right of ease- ment, in, aver and across said Lot 43, Bellevue Add., for the purpose of con- structing a Sanitary Sewer and Water Main, with the right to go upon said pt•emtses at all reasonable times for the purpose of inspecting and repairing the same when installed; provided, how- ever, that said City of Dubuque shall replace whatever earth, sod or shrub- bery that may be disturbed in the in- stallation or repair of said Sanitary Sewer and Water Main to as good con- dition as it was in before the same was disturbed. This Grant of Easement shall be binding upon the undersigned, his heirs, executors, administrators, purchasers and assigns forever. GEORGE HOCHREIN LOUISA HOCHREIN WILLIA112 HOCHREIN HERDIAN HO'CHREIN, Executor ARTHUR HOCHREIN GUSTAVE HOCHREIN, Executor EDWARD HOCHREIN JOSEPHINE KNABEL State of Iowa, Dubuque County, ss: Be It Remembered, That on this 7th day of December, 1940, personally ap- peared before me, a Notary Public in and fm• Dubuque County, Iowa, George Hochrein, Louisa Hochrein, Willian Hochrein, Herman Hochrein, Executor, Arthur Hochrein, Gustave Hochrein, Executor, Edward Hochrein, and Jo- 252 Special Session, December 18th, 1940. Special Session, December 18th, 1940. 253 sephine Knabel, who are personally known to me acid acknowledged that they executed the foregoing instrument as their voluntary act and deed. GERALDINE L. DEMKIER, Notary Public in and for (SEAL) Dubuque County, Iowa. Councilman Murphy moved that the Grant and Easement be accepted and ordered recorded with the County Re- corder. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Thompson, Coun- cilmen Murphy, Schueller, Van Duel- man, Wharton. Nays-None. Grant and Easement. Know All Men By Tlhese Presents, That in consideration of $L00 in hand paid by the City of Dubuque, Iowa, a municipal corporation, the receipt whereof is hereby acknowledged, the undersigned being the owner of loots 41 and 42, Bellevue Add., in the City of Dubuque, hereby grants and conveys to said City of Dubuque, a perpetual right of easemnet, in, over and across said hots 41 and 42, Bellevue Add., for the purpose of constructing a Sanitary Sew- er and Water Main, with the right to go upon said premises at all reasonable times for the purpose of inspecting and repairing the same when installed; pro- vided, however, that said City of Du- buque shall replace whatever earth, sod or sln~ubbery that may be disturbed in the installation or repair of said Sani- tary Sewer and Water Main to as good condition as it was iu before the same was disturbed. This Grant of Easement shall be binding upon the undersigned, his heirs, executors, administrators, purchasers and assigns forever. C.F. LILLIE EST., By Sydney Haudenshield. State of Iowa, Dubuque County, ss: Be It Remembered, That on this 21st day of November, 1940, personally ap- peared before me, a Notary Public, in and for Dubuque County, Iowa, Sydney Haudenshield, wlto is personally known to me and acknowledged that he exe- cuted the foregoing instrument as his voluntary act and deed. GERALDINE L. DEMKIER, Notary Public in and for (SEAL) Dubuque County, Iowa. Grant and Easement. Know All Men By These Presents: That in consideration of $1.OD in haul paid by the City of Dubuque, Iowa, a municipal corporation, the receipt whereof is hereby acknowledged, the undersigned being the owner of Lot 40, Belevue Add., in the City of Dubuque, hereby grants and conveys to said City of Dubuque, a perpetual right of ease- ment, in, over and across said Lot 40, Bellevue Add., for the purpose of con- structing aSanitary Sewer and Water 14lain, with the right to go upon said premises at all reasonable times for the purpose of inspecting and repairing the same when installed; provided, how- ever, that said City of Dubuque shall replace whatever earth, sod or shrub- bery that may be disturbed in the in- stallation or repair of said Sanitary Sewer and Water Main to as good con- dition as it was in before the same was disturbed. This Grant of Easement shall be binding upon the undersigned, ltis heirs, executors, adminstrators, purchasers and assigns forever. AUGUSTA MARSH JOHN MARSH State of Iowa, Dubuque County, ss: Be It Remembered, That on this 9th day of December, 1940, personally ap- peared before me, a Notary Public in and for Dubuque County, Iowa, Au- gusta Nlarsh and John Marsh, who are personally known to me and acknowl- edged that they executed the foregoing instrument as their voluntary act and deed. GERALDINE L. DEMKIER, Notary Public in and for (SEAT,) Dubuque County, IOGVa. Councilman Murphy moved that the Grout and Easement be accepted and ordered recorded with the County Re- corder. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Thompson, Coun- cilmen Murphy, Schueller, Van Due]- man, Wharton. Nays-None. Grant and Easement. Know All Men ,By These Presents: That in consideration of $1.00 in hand paid by the City of Dubuque, Iowa, a municipal corporation, the receipt whereof is hereby acknowledged, the undersigned bei~tg the owner of Lot 307, Glendale Add., in the City of Du- buque, hereby grants and conveys to said City of Dubuque, a perpetual right of easement, in, over and across said Lot 307, Glendale Add., for the purpose of constructing a Sanitary Sewer and Water Main, with the right to go upon said premises at all reasonable times for the purpose of inspecting and re- pairing the same when installed; pro- vided, however, that said City of Du- buque shall replace whatever earth, sod or shrubbery that may be disturbed in the installation or repair of said Sani- tary Sewer and Water Main to as good condition as it was in before the same was disturbed. This Grant of Easement shall be binding upon the undersigned, his heirs, executors, administrators, purchasers and assigns forever. ROSEZMUDKA State of Iowa, Dubuque County, ss; Be It Remembered, That on this 25th day of November, 1940, personally ap- peared before me, a Notary Public in and for Dubuque County, Iowa, Rose Zmudka, who is personally known to me and acknottdedged that she executed the foregoing instrument as her volun- tary act and deed. GERALDINE L. DEMKIER, Notary Public in and for (SEAT,) Dubuque County, Iowa. Councilman Murphy moved that the Grant and Easement be gccepted and ordered recorded with the County Re- corder. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Thompson, Coun- cilmen Murphy, Schueller, Van Duel- man, Wharton. Nays-None. Ordinance No. 23-40. An Ordinance granting to the Telegraph-Herald, its successors and assigns, the right to construct and maintain a Canopy over the entrance to the Radio Station on the Southeast corner of Eighth Avenue and Bluff Street, and Fuel Tank under the sidewalk on the West side of said building, 'and prescribing the conditions of such permit, said ordinance having been passed upon first and second read- ings on December 2nd, 1940, and or dered placed on file with the City Clerk for public inspection for at least one week before final adoption, presented and read a third time. ORDINANCE N0. 23-40. An Ordinance Granting to the Tele- graph-Herald, Its Successors and As- signs, the Right to Construct and Maintain a Canopy over the Entrance to the Radio Station on the Southeast Corner of Eighth Avenue and Bluff Street, and Fuel Tank under the sidewalk on the West Side of Said Building, and Prescribing the Condi- tions of Such Permit. Be It Ordained by the 'City Council of the City of Dubuque: Section 1. That The Telegraph-Her- ald, its successors and assigns, be, and they are hereby granted the right and authority to construct and maintain a canopy over the entrance on Eighth Avenue entering the building of said company, said building being located on the southeast corner of Eighth Avenue and Bluff Street, Section 2. That said company, its successors and assigns, be, and they are hereby granted the right and authority to construct and maintain a fuel tank under the sidewalk on the east side of Bluff Street, west of the building lo- cated on the southeast corner of Bluff Street and Eighth Avenue. Section 3. That such canopy and fuel oil tank shall be constructed under the direction and supervision of the City Manager and Building Inspector. Section 4. It is understood and pro- vided that the right and permission to use and occupy such portions of such sidewalks for the purpose herein stated is subject to the continuous control of the City Council of the City of Du- buque, reserving the right to said City Council to impose restrictions and con- ditions upon the enjoyment thereof, as may be reasonably necessary for the protection of the public interest, includ- ing the right to revoke and rescind any and all of such rights and permissions if at any time the public interest should so require. Section S. As a further consideration for the rights and privileges hereby granted said Telegraph-Herald, its suc- cessors and assigns, shall and hereby does assume all liability for damages to persons or property which might re- sult from the construction and main- tenance of the structures herein author- ized, and said Telegraph-Herald, its successors and assigns, at its own ex- pense hereby 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 Telegraph-Herald does hereby agree to reimburse the City therefor, and hold the City of Dubuque harm- less from any and all such damages. Section 6. Should the rights and privileges herein granted be rescinded or revoked, said Telegraph-Herald, its successors and assigns, at its own ex- pense and upon the receipt of 30 days notice, shall remove the structures herein authorized and restore the side- walks to as good condition as they were in before such structures were con- structed. Councilman Murphy moved that the Grant and Easement be accepted and ordered recorded with the County Re- corder. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Thompson, Coun- cilmen Murphy, Schueller, Van Duel- man, Wharton. Nays-None. This Ordinance shall be in force and effect ten (10) days from and after its final passage, adoption and approval by 254 Session, December 18th, 1940. the City Council, and publication as provided by law, and the rights herein shall accrue to said Telegraph-Herald, its successors and assigns, when the provisions heerof shall be accepted and fully complied with, and when the costs and expenses of publication of the same has been paid for by said company. Passed upon first and second read- ings this 2nd day of December, 1940. Passed, adopted and approved upon final reading this 18th day of Decem- ber, 1940. F. W, THOMPSON, Mayor. FRANK VAN DUElaI•TAN, ALBERT WHARTON, B. A. SCHUEI,LER, GEO. R. MURPHY, Councilmen Attest: J. J. SHEA, City Clerk. ACCEPTANCE OF ORDINANCE N0.23-40. The Telegraph-Herald having knowl- edge of all the terms and conditions of Ordinance No. 23-40, does hereby ac- cept Ordinance No. 23-40, as adopted, by the City Council of the City of Du- buque, on the 18th day of December, 1940, and agrees to comply with all of the terms and conditions therein set forth. Signed this 30th day of December, 1940. TH$ TELEGRAPH-HERALD, By F, W. Woodward. Published officially in The Telegraph- Herald newspaper, January 3rd, 1941. J. 7. SHEA, 1-3-1T City Clerk. Councilman Vau Duelman moved the adoption of the ordinance. Seconded by Councilman Wharton. Carried by the following vote: Yeas -Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton, Nays-None. Ordinance No. 24-40. An Ordinance amending an Ordinance entitled "Or- dinance Number 99 changing the names of Streets and Avenues within the City of Dubuque," by changing the name of West Fourteenth Street to I,oras Bou- levard, said ordinance having been passed upon first and second readings on December 2nd, 1940, and ordered placed on file with the City Clerk for public inspection for at ]east one week before final adoption, presented and read a third time. ORDINANCE N0. 24-40. An Ordinance Amending an Ordinance entitled "Ordinance Number 99 Changing the Names of Streets and Avenues within the City of Du- buque," by changing the name of West Fourteenth Street to I,oras Boulevard. Be It Ordained by the City Council of the City of Dubuque: 1. That ordinance entitled "Ordi- nance Number 49, An ordinance chang- ing the names of streets and avenues within the City of Dubuque," be and the same is hereby amended so that hereafter the name of Nest Fourteenth Streeet, be, and the same is hereby changed to I,oras Boulevard. 2. That upon final passage and adoption of this ordinance, a copy thereof shall be certified and filed with the County Recorder and County Audi- tor of Dubuque County, Iowa, and be entered of record in the Recorder's Office in accordance with the law. 3. This ordinance shall be in force and effect ten days from and after its final passage by the City Council and publication as provided by lav,=. Passed upon first and second read- ings this 2nd day of December, 1940. Passed, adopted and approved upon final reading this 18th day of Decem- ber, 1940. F. \~~. THOMPSON, Ivia}=or. FRANK VAN DUEI.I.IAN, ALBERT WHARTON, B. A. SCHUEI,I,ER, G$0. R. MURPHY, Councilmen. Attest: j, J. SHEA, Citv Clerk. Published officially in the Telegraph- Herald newspaper, December 31st, 1940, J• J• sxEA, 12-31-1t City Clerk. Councilman Van Duelman moved the adoption of the ordinance. Seconded by Councihnan Wharton. Carried by the following vote: Yeas -Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None, Ordinance No. 25-40. An Ordinance amendnig an ordinance entitled "Ordi- nance Number 99 changing the names of Streets and Avenues within the City of Dubuque," by changing the names of Julien Avenue and Delhi Street com- Special Session, December 18th, 1940. 255 mencing at Auburn Street West to the City Limits to the name of University Avenue, said ordinance having been passed upon first and second readings on December 2nd, 1940, and ordered placed on file with the City Clerk for public inspection for at least oen week before final adoption, presented and read a third time, ORDINANCE N0.25-40. An Ordinance Amending an Ordinance Entitled "Ordinance Number 99 Changing the Names of Streets and Avenues within the City of Du- buque;" by changing the name of Ju- lien Avenue and Delhi Street com- mencing at Auburn Street west to the City Limits to the name of University Avenue, Be It Ordained by the City 'Council of the City of Dubuque: 1. That ordinance entitled "Ordi- nance Number 99, An Ordinance changing the names of streets and ave- nues within the City of Dubuque," be, and the same is hereby' amended so that hereafter the name of Tulien Avenue and Delhi Street beginning at Auburn Street west to the City Limits of the City of Dubuque, be and the same is hereby changed to University Avenue. 2. That upon final passage and adoption of this ordinance, a copy thereof shall he certified and filed with the County Recorder and County Aud- itor of Dubuque County, Iowa, and be entered of record in the Recorder's Of- fice in accordance with the law, 3. This ordinance shall be in force and effect ten days from and after its final passage by the City Council and publication as provided by law. Passed upon first and second read- ings this 2nd day of December, 1940. Passed, adopted and approved upon final reading this 18th day of December, 1940. F. W. THOMPSON, Mayor. FRANK VAN DUE~MAN, ALBERT WHARTON, B. A. SCHUEI,I,ER, Councilmen. Attest: J. J. SHEA, City Clerk. Published officially in the Telegraph- Herald Newspaper, December 31st, 1940. J. J. SHEA, 12-31-It City Clerk Councilman Van Duelman moved the adoption of the ordinance. Seconded by Councilman Wharton. Carried by the following vote: Yeas -Mayor Thompson, Councilmen Scheeler, Van Duelman, Wharton. Nays-Council- man Murphy, Councilman Murphy moved that the City Manager be instructed to have I,oras Boulevard and University Ave- nue properly marked. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Thomp- son, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. December 10, 1940. To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen-I herewith submit the reports of the City Auditor, City Treasurer, City Health Department, City Water Department and City Re- creational Department for the month of November, 1940, also a list of claims and List of payrolls for which warrants were drawn during the month of No- vember, 1940. Respectfully submitted, A, A. RHOMBERG, City Manager. Councilman Van Duelman moved that the reports be received and placed ou file. Seconded by Councilman Wharton. Carried by the following vite: Peas-Mayor Thompson, Coun- cilman Murphy, Schueller, Van Duel- man, Wharton. Nays-None. Resolution No. 119-40. Be It Resolved, By the City Council of the City of Dubuque that the fol- lowing, having complied wtih the pro- visions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit ou behalf of said City. Name Address J. G. Corbett (effective 1-1-41) 1500 Central Avenue. Frank Reis (effective 1-1-41) S09 Eighth Avenue. Be It Further Resolved, That the bonds filed with the applications be ap- proved. Passed, adopted and approved this 18th day of December, 1940. F. W. THOMPSON, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, B. A. SCHUEI,LER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. 256 Special Session, December 18th, 1940. Councilman Van Duelman moved the adoption of the resolution, Second- ed by Councilman Wharton. .Carried by the following vote: Yeas -Mayor Thompson, Cowtcilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Notice of Claim of Katharine A. Met- tel in the amount of $2,500.00 for in juries sustained in a fall at the North- west corner of the Intersection at East 21st Street and Jackson Street, pre- sented and read. Councilman Wharton moved that the Notice of Claim be re ferred to the City Solicitor for investi- gation and report. Seconded by Coun- ciiman Van Duelman. Carried by the following vote: Yeas-Mayor Thomp- son, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Petition of John R. I,ee submitting an offer of $20.00 per lot and requesting the City Couucilto consider and accept this offer as a compromise settlement of the special assessments levied against I,ot 26 and I,ot 27 in Quigley's Subdivision of North part of Mineral I,ot 157, presented and read. Council- man 1Vhartou moved that the City Treasurer be authorized to accept the amount of $20.00 oer lot as settlement in full of the special assessments levied against hots 26 and 27 in Quigley's Subdivision of North part of Mineral I,ot 1S7 for the construction of a sani- tarry sewer and that the County Treas- urer be notified to strike these special assessments from the records. Sec- onded by Councilman Van Duelman. Carried by the following vote: Yeas- Mayor Thompson, Councilmen Mur- phy, Schueller, Van Duelman, Whar- ton. Nays-None. Petition of Frank M. Kelly request- ing the City Council to consider and accept the offer of One Dollar in full compromise and payment of the special assessments levied against I,ot 1 of 2 of 1 of 1 of Mineral I,ot 67 levied for the improvement of Dodge Street and for the installation of Boulevard lights, presented and read, Councilman Whar- ton moved that the City Treasurer be authorized to accept the amount of $25.00 as seettlement in full of the spe- cial assessments levied against I,ot 1 of 2 of 1 of 1 of Mineral I,ot 67 for the improvement of Dodge Street and for the installation of Boulevard lights and that the County Treasurer be notified to strike these special assessments from the records. Seconded by 'Councilman Van Duelman. Carried by the follow- ing vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. December 17, 1940. Honorable Mayor and Members of the City Council,. City of Dubuque, Iowa. ' Gentlemen-I am returning herewith Petition for Suspension of Taxes filed by Cora K .Wiegand asking that the 1939 tax ou Southeast one-half of hots 78 and 79 Cook's Add., City of Dubuque, Dubuque County, State of Iowa, be suspended because of infirmity. I recommend that the Petition be ap- proved by. the Council and that the Board of Supervisors be notified of said action, Respectfully submitted, JOHN J, KINTZING$R, City Solicitor, Councilman Schueller moved that the recommendation of City Solicitor Kintzinger be approved and that the petition of Cora K. Wiegand requesting suspension of the 1939 taxes on the Southeast one-half of hots 78 and 79 of Cook's Addition be granted and that the Board of Supervisors be notified of the action of the City Council. Sec- onded by Councilman Murphy, Carried by the following vote: Yeas -Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None, December 17, 1940. Honorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen-I am returning herewith Petition for Suspension of Taxes filed by Mrs. G. Waldorf, asking that the 1939 tax on I,ot No. 81, I,angworthy's Addition be suspended because of age and in- firmity, I recommend that the Petition be ap- proved by the Council and that the Board of Supervisors be notified of said action. Respectfully submitted, JOHN J, KINTZING$R, City Solicitor. Councilman Schueller moved that the recommendation of City Solicitor Kintzinger be approved and the pe- tition of Mrs, G. Waldorf request- ing suspension of the 1939 taxes ou I,ot 81 of I,angworthy's Addi- tion be granted and that the Board of Supervisors S~ notified of the action of the City Council. Seconded by Coun- cilman Murphy. Carried by the follow- ing vote: Yeas-Mayor _ Thompson, Councilmen Murphy, Schuetler, Van Duelman, Wharton. Nays-None. Councilman Van Duelman moved that Harry J. Hanover be appointed as City Assessor to fill the unexpired term Special Session, December 18th, 1940. 257 of George Bennett, said appointment to commence January 1st, 1941. Sec- onded by Councilman Wharton. Car- ried by the following vote: Yeas- Mayor Thompson, Councilmen Mur- phy, Schueller, Van Duelman, Whar- ton. Nays-None, Councilman Van Duelman moved that Carl A. Clark be appointed as Deputy Assessor to succeed Harry J. Hanover, said appointment to com- mence January 1st, 1941. Seconded by Councilman Murphy. Carried by the following vote: Yeas=Mayor Thomp- son, Councilmen Murphy, Schueller, Van Duelman, Wharton: Nays-None, Councilman Murphy moved that a rising vote of thanks be extended by the City Council to George Bennett, the retiring City Assessor, Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Thomp- son, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Councilman Schueller moved that City Manager Rhomberg be instructed to send an appropriate letter to the Secretary of the Chamber of Commerce congratulating them on the noble effort they are making to bring the J. P. Smith Shoe Industry to the City of Du- buque and also tTiat a copy of said let- ter be sent to the J. P. Smith Shoe Company. Seconded by Councilman Van Duelman. Carried by the follow- ing vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. There being no further business, Councilman Van Duelman moved to adjourn. Seconded by Councilman Wharton, Carried by the following vote: Yeas-Mayor Thompson, Coun- cilmen Murphy, Schueller, Van Duel- man, Wharton. Nays-None, J. J. SH>aA, City Clerk, Approved ______________________1941. Adopted ________________________1944. ---------------------- Councilmen: _________________._____ ---------------------- Attest: -----------------------------• City Clerk.