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1945 December Council Proceedings '- met at 7: 30 p.m. Present-Mayor Thompson, Coun. cilmen Moffatt, Murphy, Van Duel. man, Wharton, City Manager Rhom- berg. 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 Moffatt moved that the rules be suspended for the pur- pose of allowing any ou'e present in the Council Chamber, who wishes to do 80, to address the Council. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duel. man, Wharton. Nays-None. Communication of G. H. Holscher, owner of Lots 5, 6, 7 and 8 in Block 9 Grandview Park, in reference to the drainage condition of the above mentioned block and advising Coun- cil that it is his intention to erect a new home on said lots but before he can start construction it will be necessary for the city to correct the storm sewer condition on his property, presented and read. Councilman Wharton moved that the communication be referred to the Council to view the grounds. Seconded by Councilman Moffatt. Carried by the following vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duel- man, Wharton. Nays-None. Communication of W. F. Cooper advising of the receipt of notice to construct a sidewalk on the north side of the Austin Apartment Build- ing and asking for an extension of time as it is impossible to get con- tractors and have the construction started before spring and further advising that he is going ahead and put boards on temporarily and also taking asphalt and sand to plug up what holes to last until he can fulfill and comply with the no- tice, presented and read. Councilman Murphy moved that the request be granted and an ex- 253 tensiQD of time be granted until May 1st, 1946 with the provision that a Liability Bond in the amount of $10,000.00 be furnished by Mr. W. F. Cooper within a periOd of ten days, said bond to be approved by the City Solicitor, and the bond to protect the City from any claim or liability in case of damages or in- juries which might occur due to the condition of the sidewalk. Seconded by Councilman Wharton. Carried by the following vote Yeas-Mayor Thompson, Counci men, Moffatt, Murphy, Van Due man, Wharton. Nays-None. Communication of Chet B. Akers, Auditor of State, by T. E. DeHart, Supervisor, extending an invitation to the Mayor and City Council and Accounting Officials to attend a School of Instruction to be held at the Statehouse on Tuesday, Decem- ber 11th, 1945, presented and read. Councilman Wharton moved that the communication be referred to the City Manager to designate the officials who may attend this meet- ing. Seconded by Councilman Mur- phy. Carried by the following vote Yeas-Mayor Thompson, Counci: men Moffatt, Murphy, Van Due. man, Wharton. Nays-None. 1945 Regu~r Session, December 3rd, iI 3rd, Coune (Official Session, December it, "Regular 1945. Counci C Communication of the National Safety Council asking Council co- operation in conducting a campaign to reduce accidents during the Christmas holiday season, presented and read. Councilman Wharton moved that the communication be referred to the Mayor for his consideration. Seconded by Councilman Moffatt. Carried by the following vote: Yeas-Mayor Thompson, Counci: men Moffatt, Murphy, Van Due: man, Wharton. Nays-None. ~ Petition of Ernest Latham re- questing a refund in the amount of $50.00 on his Cigarette Permit No. 54 as he has discontinued business on November 19, 1945, presented and read. Councilman Van. Duelman moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $50.00 in favor of Ernest Latham to cover the amount of refund granted on II '~c! II 255 Proof of publication, certified to by the publishers, of a statement of receipts and also a list of claims .for wh~ch warrants were drawn during the month of October, 1945, presented and read. Councilman Moffatt moved that the proof of publication be received and filed. Seconded by Councilman Murphy. Carried by the following vote Ordinance No. 23~45. An Ordin- ance fixing requirements for the subdivision of lots in the City of Dubuque and within one mile of the limits of the City of Dubuque, relating to streets, alleys, blocks, lots, building lines, parks, play- grounds and :school sites within such subdivisions, relating to rules and regulations governing plats, filing' and approval th,ereof and providing for a penalty for the vio- lation of the provisions hereof, said ordinance having been passed upon first reading on the 19th day of November, 1945 and ordered plac- ed on file with the City Clerk for public inspection for at least one week before its final adoption, ...vas presented and read on final adop- tion. Yeas-Mayor Thompson, Council men Moffatt, Murphy, Van Duel man, Wharton. Nays-None. 1945 Regular Session, December 3rcl, II ORDINANCE NO. 23-45 An Ordinance fixing' require- ments for tlle subdivision of lots ~n the City of Dubuque and 'within one mile of the limits of the City of Du. Luque, relating to streets, alleys, blocks, lots, building lines, parlu;, piaygrounds and school sites within such subdivisions, relating to rules and regulations governing vlats, filing and approval thereof and providiag for a penalty for the violation of the provisions hereof. Now, Therefore, BE IT ORDAINED BY THE CI'ry COUXCIL OF THE CITY OF Dr]"- BUQUE: Sec. 1. GEKERAL R E QUI R E- MENTS FOn THE SUBDIVISION OF LAND: Subdivisions "hall conform to the master plan and to the official map of the City. 1. Streets and Aneys. a. Street 'Yidths. The minimum width of right-of-way for a main traffic thoroughfare in a resi- dence district shall be sixty-four feet (64'). The minimum width of rig'ht-of-way for a minor street in a residence district shall be fifty feet (50'). A "Cul-de-Sac" is a lesser street which serves a num- building from said property on or before May 1st, 1946, presented and read. Councilman Van Duelman moved that the return of service be reo ceived and placed on file. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Thompson, Council. men Moffatt, Murphy, Van Duel man, Wharton. Nays-None, Return of service, subscribed and sworn to by Donald Bandy, Building Inspector of condemnation resolution served upon E. Hemmi, owner of the North 11 feet of North 26 feet of City Lot 239 and the South 22 feet of City Lot 240 noti. fying him to remove the building from said property on or before May 1st, 1946, presented and read. Councilman Van Duelman moved that the return of service be l'e- ceived and placed on file. Second- ed by Councilman M u l' P h y. Car. ried by the following vote: Yeas-Mayor Thompson, Coune[ men Moffatt, Murphy, Van Due man, Wharton. Nays-None. Return of service subscribed aad sworn to by Donald Bandy, Build- ing Inspector, of condemnation resolution served upon Robert D. Hughes, owner of the North % of City Lot 274 notifying him to re- move the building from said prop. erty on or before May 1st, 1946, presented and read. Councilman Van Duelman moved that the return of service be re- ceived and placed on file. Second- ed by Councilman Murphy. Car- ried by the following vote: Yeas-Mayor Thompson, couneL men Moffatt, Murphy, Van Due man, Wharton. Nays-None. Council Proceedings for the months of July and August, 1945 presented for approval. Councilman Murphy moved that the CQuncil Proceedings for the months of July and August, 1945 be approved as printed. Seconded by Councilman Moffatt. Carried by the following vote: Yeas-Mayor Thompson, Council. men Moffatt, Murphy, Van Duel. man, 'Vharton. Nays-None. . 1945 where garbage accumulates to pro- vide metallic can's with close fit. ting covers and with handles or bails also to urge the residents of Dubuque to use care in placing rub- bish in front of their homes for col. lection by putting the same in cov- ered containers or cartons and also that covers be placed on city trucks which have collected loads of rub- bish and are carrying the same to the City dumps, presented and read. Councilman Murphy moved that the petition be referred to the City Council. Seconded by Councilman Wharton. Carried by the fOllowing vote: Yeas-Mayor Thompson, Council. men Moffatt, Murphy, Van Duel- man, Wharton. Nays-None. Return of service, subscribed and sworn to by Donald Bandy, Build- ing inspector, of condemnation reso. lution served upon Celia Lee owner of Lots 11 and 12 of Gilliams Sub- division notifying her to remove the bUilding from said property on or before May 1st, 1946, presented and read. Councilman Van Duelman moved that the return of service be re. ceived and placed on file. Second- ed by Councilman Murphy. Carried by the following vote: Yeas-Mayor Thompson, Counci" men Moffatt, Murphy, Van Due man, Wharton Nays-None Regular Session, December 3rd, the unexpired portion of his Cigar- ette Permit No. 54. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Thompson, Council. men Moffatt, Murphy, Van Du~l. man, Wharton. Nays-None. Petition of W_ F. and Jean Trimp- ler requesting a refund in the amount of $50.00 on their Cigarette Permit No. 135 and also requesting a refund in the amount of $50.00 on their Class "B" Beer Permit No. 133 as they have discontinued busi- ness on November 19, 1945, Dre- sented and read. Councilman Murphy moved that the request be granted and the City Auditor instructed to draw a war- rant in the amount of $50.00 in favor of W. F. and Jean Trimpler to cover the amount of refund granted on the unexpired portion of their Cigarette Permit No. 135 and also that the City Auditor be in- structed to draw a warrant in the amount of $50.00 in favor of W. F. and Jean Trimpler to cover the amount of refund granted on the unexpired portion of their Class "B" Beer Permit No. 133. Seconded by Councilman Van Duelman. Car- ried by the following vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duel- man, Wharton. Nays-None. 254 Return of service, subscribed and sworn to by Donald Bandy, Build. ing Inspector, of condemnation resolution served upon Al Didesch, Guardian, of Anna Kahn, owner of Lot 2 of City Lot 675 notifying her to remove the building from said property on or before May 1st, 1946, presented and read. Councilman Van Duelman moved that the return of service be receiv- ed and placed on file. 'Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duel- man, Wharton. Nays-None. Return of service, subscribed and sworn to by Donald Bandy, Building Inspector, of condemnation resolution served upon Jessie Braun, owner of Lot 1 of City Lot 675 notifying her to remove the Petition of Peter J. Seippel re- questing Council approval of. the Subdivision Plat to be known as Rolling Green, presented and read. Councilman Van Duelman moved that the petition be referred to the Planning and Zoning Commission for their recommendation and re- port. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Thompson, Council. men Moffatt, Murphy, Van Duel man, Wharton. Nays-None. Petition of The Dubuque Wom- en's Club, working toward its goal of making Dubuque a more desir- able, a more beautiful and also a more healthful place in which to live, requesting the City Council to enforce the ordinance which re- quires the owner or occupant of each house or place of business 1'_I.I'it''''~''' ,":,' ~_"",.'i._-''<>''..."....:_.::..... r~ :~~. ,,' - ""\";-'n~i,:i~.._..~,__," " ~ 257 easements and buildin~ lines and similar facts regardillg' existing conditions in properly immedIate- ly adjacent. The title under whkh the propof'ed subdivision is to be recorded, and the name of the al- lotter and of the engineer or sur- veyor platting the tract. c. '1'he names of all adjoining subdi- visions or properties The approval of the preliminary plat does not constitute an acceptance of the suiJdivision. The preliminary plats shall be valid for a period of ninety days only and the final plats shall be presented within ninety (90) days for final apVroval. 811al Drafting. This plat shall he made at a scale of not less than 1 (JO feet to the inch from an accurate surycy drawn on a sheet whllse dJ'ltnen- sions are 8lh"xl1" or multiples thereof, 'The subdivider could well discuss the details of a preliminary plat \vi~,b the Building Commissioner before its submi:;:;ion to the 1'Iannin,~ and Zon- ing Commisf'ion in order to simlllify the ;;ubdivider's task and acquaint the Building Commissioner with the prob- lem. Sec. General. The final plat shall show the pro posed ultimate layout and develop ment to be considered. Four copies of the final plat be filed with the City Clerk. PLAT. 1945 FINAL RegUlar Session, December 3rd, I. 1. 2. 5. Parks, Sites. a. In sulJdi\'iding property due con- sideration shall be given to the dedication of suitable sites -for schools, parks and playgrounds, so :is to conform as nearly as possible to the recommendations of the City Pla,n Commission in its Master Plan of the city and adjacent areas. Such provision should be in~ dir.uted on the preliminary plan in order that it may be determined when and in what mannpr such areas will be/ dedicated to the city. School 6. Acreage Subdivisions. ,",\Thton the parcel is subdivided into larger tracts than for building lots, such parcels shall be divided so as to allow for the opening of major streets and the ultimate extension of adjacent minor stre.,t~~ and shall be in multi DIes of not. less thRn lot areas required by this ordi- nar.ce. 4. Building Lines. a. The proposed building lines and area regulations shall he shown for all lots intended for residential use of any character, and shall not be less than the minimum as pro~ vided in the Zoning Ordinance. This requirement may be modified by the Planning and Zoning Com- mission where the topography or other conditions make thi::; imprac- ticable. Staggered buillling Hnes are given preference in good sub- division planning, and are recom- mended by the Planning and Zon- ing Commission. and Playgrounds a. 1945 h. Alleys. Alleys, where permitted, shall have a minimum width of twenty feet (20') but alleys in resi- dential districts should be dis~ couraged. A cu t off shall be made at all alley intersections within a block by a curve, the radius of which is not less than 10 feet. Easements. Where alleys are not provided, easmentll of not less than four feet in width shalI be provid- ed on each side of all rear lot lines and side lines where necessary for public utility requirements. Ease- ments of greater widths may he required along lines or across lots, where necessary for the extension of main sewer and similar utilities. As far as possible, all utilities shall be underground. Subdividers should be encouraged to supply water and sewer utilities before lots are offer- ed for sale to the public. l' 2. Blocks The best lengths of blocks will be determined in most cases either by topography or by the nest subdivision of the property. a. Length. ~o blocks shall he longer than thirteen hundred and twenty feet (1320') between street lines. In blocks over seven hundred and fifty feet (750') in length a right- of-way shall be dedicated for a cross walk near the center of the block. The right-of~way for such walks shall be not les;; than ten feet (10'). b. Width. In new subdivisions at a distance from property alread'y platted, block widths shall be established except for special rea- sons, at from two hundred (200') to three hundred feet (301)'). Regular Session, December 3rd 9 feet feet feet Street Intersections. Win din g streets are desirable but wherever possible intersectin~ streets shall be at right angles. 8 feet 7 feet 23 45 degree angle to curb 18 feet 17 feet 11 90 degree angle to curb 19 feet 18 feet 8 30 degree angle to curb 15l;h feet 14l;h feet 16 feet There shall be as manY traffic lanes as parking unit widthR 'on all streets except in specific instances where this restriction is waived by the Planning and Zoning Commission. ber of lots, and may be narrower than a minor street, if approved by Planning and Zoning Cammission. b. Roadway Width and Parking Al_ lowances. Roadway widths and vehicle parking shall be provided in accordance with the following table of unit widths. 8 feet 8 feet teet feet VEHICLE PARKING Curb Width Length Minimum Allowance TYPE OF STREET TRAFFIC LANE UNIT WIDTH Recommended Minimum feet .10 feet 9 8 Parking Unit Recommended Parallel to curb Main traffic thoroughfare Secondary traffic thoroughfare Minor street 'fYPE OF 256 o. The Final Plat Sh.1.11 Show The houndaries of [<.II existing- prop- erty. All ~:ronument" togdher with their descriptions. The lines of all adjoining- properties, the line of adjacent streets and alleys with their widths and names. The \vidths of each propo'3ed street, road or alley and the 'width of each part thereof; i. e. the roadway, sidewalks, and parking sllaces. A separate profile of each e."tablish- eel and Vropol:icd street, rO:1.d and alley dra\vn to a recunlnlcnded horizontal scale of forty feet (40') per inch and a vertical scale of four feet (4') per inch, showing grades along- roadway ('enter line. Radii, Arcs, and chords, points of tangency anu central angles for all curvilinear streets; the radii of all rounded curves, 3. a. b. All lot lmes, and numb!;'rs of al lots and blocks; building lines and easonents 'with figures showing their dimensions. ,I All other areas dedieateu to public use, 1. e. parks, playg-rounds R.nd w,ho'll sites and their dimensi01l8. Descrivtion of property subdivided, showing its location :1nd extent, point;; of compass, scale of plan, name of subdivider, and certificate of t'rlg-ineer platting the tract; also classification of propel'ty under the 7.oning Ordinance, c. Abstract of Title-Opinion-Certifi. cates. Every plat ;;hHlI haye at- tachNl thereto a cornplclc allstr3.ct of title accomrmnierl by an opinion from an attorney at law l:ihowing Sec. II. PRELIMINARY PLAT. 1. General. In seeking to subdivide land into building lots and to dedicate streets, alleys, oc o~her lands for public use, the owner shall submit four (4) copies of a preliminary sketch plat to the Planning and Zoning Commission foc tentative approval before submission of final plat. 2. Drafting. Preliminary plats shall ue drawn on sheets whose dimensions ace 8%"xl1" or multiples thereof, Pre~ !iminary plats shall he drawn wIth a north point ;n the upper left quarter of the drawing. They l:lhall aceurately and clearly indicate the date of the eompletion of the plat, adequate notation regarding scale and scales used, name of tract or tracts included. 3. I nformation to be shown. The preliminary plat shall show: a. The location of property lines, buildings, water courses. and other existing features in or within three hundred feet (300') of the plot and for a greater distance, if required by the Planning and Zoning Com- mission. Location and size of sew- H. water, ele~tric power and gas lines and similar services acr.essibie to the piot. The Commission ma~: require a contour map, showing contour intorvals of threo (3) oc marl' feet. 'rhe proposed location and dimen- sions of streets, alleys, Jots, blocks, II b. ',;,.,:4, " ~ 1 !~ 1\ 3. Lots. Area and Dimensions. The mini- mum dimensions for reside.ce lots shall be: Sixty feet (60') for width and one hundred feet (100') ior depth and in no case shall an irreg- ular-shaped lot contain less than six thousand (6000) square f"et. Corner residence lots shall have a mini- mum width of seventy feet (70') to permit the maintenance of ade- quate space on both side and front. Residential lots on major street intersections and at all other points likely to be dangerous shall have a radius of fiteen feet (Hi') at the street corner. These requirements may be modified by the Planning and Zoning Commission where to- pography and other conditions make them impractical. Lot Lines. In all rectangular lots and so far as possible all other lots, the side lines shall be at rig'ht angles to the street on which the lot faces and in the case of curved streets at right angles to the point of tangency. Lots with double frontage should be avoided. Remnant Lots. In such cases where irregularity of ownership or street lines would produce remnant lots, the area of which would be less than six thousand (6000) square feet, such areas shall be added to adjoining lots or ieft unplatted and marked "Lands" until such time as arrangement may he made with adjoining property owners for proper platting of such land. a. d. Grades. In general, streets in resi- dential districts shaH follow the contours to minimize gr::Ldes, which shall not be in excess of ten per cent (10%). A variation from this requirement may be made to meet the existing conditions of topogra- phy after consultation ':\'ith the City Engineer. Subdividers shall bring streets to proper grade be- fore :rots are offered for sale to the public. e. Adjoining Street System, Relation to. All thoroughfares and minor streets shall be continous or in alignment with existing streets and of the same or greater width, un- less variations are deemed advis- ablo by the Planning and Zoning Commission. It is desirable to plan a minimum of subdivision en- trances to avoid traffic hazards. Heavy traffic shan be diverted around subdivisions. b. o. Dead End Streets. In general Cul- de-Sacs are recommended but so- called dead end streets or alleys shall not be accepted unless it ;s clear that through traffic at such a stred is essential to the street system in that district; and under thc said conditions, a dead end street must have adequate turnbg space for vehicles. Names of streets. Street.'l that are obviously in alignment with others already existing and named shall bear the nan:ies of the existing streets. Nanles for new str8ets shall not duplicate nor sound simi- iar to exil:iting street names. Street names shall he approved by the Planning and 7.o11ing Commission. f. g. ::,.-"~ "''''''''Ji;",~.f' . 'l'f'I1I'i'N;~~._."',, 1 .. ..._, 11 ,," 259 streets and alleys in the Country Club Golf property; And, whereas, Leo E. Roethig, the applicant desires the use of said alley in connection with the proper- ty he owns and there dOeS not ap- pear to be valid objection thereto. ~OW, Therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE: Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen. Attest: J. J. SHEA, City Clerk. Published officially in The Tele- graph-Herald newspaper this 6th day of December, 1945. J. J. 12-6-lt Councilman Moffatt moved the adoption of the ordinance. Second- ed by Councilman Murphy. Carried by the following vote: Yeas-Mayor Thompson, Council. men Moffatt, Murphy. Van Duel man, Wharton. Nays-None. December 1. 1945 In re: Claim of James L. Kritz Honorable Mayor and City Council of City of Dubuque. Iowa Gentlemen: The claim of James L. Kritz on behalf of his daughter. filed November 19, 1945. states that the injury occurred on August 29. 1945, on Gondolfa Street. The statute provides that claims shall be filed within 60 days from the happening thereof. This claim was not so filed. and therefore. I recommend that it be denied. Yours truly. JOHN J. KINTZINGER, City Solicitor Sec. 1 That that part of the alley between Bradley and Perry Streets from Randall Street southerly to the southerly boundary of Lot 5 of Block 7 of Grandview Park Addition in the City of Dubuque be, and tne ::same is hereby vacated. Sec. 2. That the use of that part of said aney herein vacated be, and the same is herehy granted to Leo E. Roethig, and that such use be con- ferred to said Leo E, Roethig until such time as the City of Dubuque may deem it necessary or expedient to again use said land for public pur- poses or make some other disposal thereof. Sec. 3. That this Ordinance shall be in force and effect upon its final passage, adoption and approval by the City Couucil and publication as provided by law, and when the cost of publishing the same has been paid by the applicant. Passed upon first reading this 19th day of November. 1945. Passed, adopted and approved upon final reading this 3rd day of Decem- ber, 1945. F. W. THOMPSON SHEA, City Clerk. 1945 Regular Session, December 3rd, ORDINANCE NO. 24-45 An Ordinance vacating that part of the alley between Bradley and Perry Streets from Randall Street southerly to the 150utherly boundary of Lot 5 of Block 7 of Grandview Park Addi- tion to the City of Dubuque, Iowa. Whereas, application has been filed with the Cit;y Council asking for the vaca tion of that part of the alley above described; And. Whereas, the applicant is the owner of real estate abutting said alley; And, Whereas, said portion of said alley asked to be vacated has been platted and dedicated as a public al- ley but the same has never been opened for travel or public use and there is no demand for the use there~ of as such at this time, nor is there any indication that the same will be needed for a long time to come, And, Whereas, the Planning and Zoning Commission of the City of Du- buque examined into the advisability of vacating said alley and recom- mended that such vacation be made and that the Applicant be granted the- use thereof upon the same terms and conditions as now apply to vacated Ordiance No. 24-45. An Ordinance vacating that part of the alley be- tween Bradley and Perry Streets from Randall Street southerly to the southerly boundary of Lot 5 of Block 7 of Grandview Park ad- dition to the City of Dubuque, Iowa, said ordinance having been passed upon first reading on the 19th day of November, 1945 and ordered plac- ed on file with the City Clerk for public inspection for at least one week before its final adoption. was presented and read on final adop- tion. . 12-u-lt. Councilman Murphy moved the adoption of the ordinance. Second- ed by Councilman Wharton. Carried by the following vote: Yeas-Mayor Thompson. Council men Moffatt, Murphy. Van Due man, Wharton. Nays-None. Attest: J. J. SHEA. City Clerk. Published officially in The Tele- graph-Herald newspaper this 6th. day of December, 1945. J. adoption and approval by the City Council and publication as provided by law. this 19th Passed, adopted and. approved upon final reading this 3rd day of De- cember, 1945. F. W. J. SHEA. City Clerk. FRANK VAN DUELMAN. ALBERT WHARTON. GEO. R. MURPHY. W. W. MOFFATT. Councilmen. THOMPSON. Mayor Passed upon first reading day of ~ovember, 1945. 1945 The Council or Commission may tentatively approve such plat prior to such installation, but any such tenta- ti.ve approval shall be revokable. In lieu of the completion of such im- provements and utilities prior to the final approval of the plat, the coun~U or Commission may accept a bond with surety to secure to the city the actual construction and installation of such improvements or utilities within a fixed time and according 10 specifications determined by or in accordance with the regulation of the Council or Commission the City is hereby !'!;ranted the power to enforce such bond by all appropriate legal and equitable remedies. Sec. V, SAID PL~\. TS SHALL BE EXAMINED by such city council and city plan commission whf're such exists, with a view to ascertaining whether the same conform to the statutes relating to plats within the city and within the limits prescribed by this 15ection, and whether streets, alleys, boulevards, parks and pUblic places shall conform to the general plat of the city and conduce to an orderly development thereof, and not conflict or interfere with rights-of- way or extensions of streetf'l or al- leys already established, or otherwise interfere with the carrying out of the comprehensive city plan, in case such haa been adopted b}" such city. If such plats shall conform to the statutes of the state and ordinances of such city, and if they shall. fall within the general plan for such city and the extensions thereof, regard being had for public streets, alleys, park:'!. sewer connections, water serv- Ice, and service of other utilities, then it shall be the duty of said eouncH and commission to indorse their ap- proval upon the plat submitted to It; provided that the city council may as to plats of land lying within the tlor~ porate limits require as a condition of approv<l,l of such plats that the owner of the land bring all streets to a grade acceptable to the council, and comply with such other reasonable re- quirements in regard to installation of public. utilities, or other improve~ ments, as the council !TIay deem requisite for the protection of the public interest. Sec. VI. VIOLATION AND PEN- ALTIEs. Any person or corporation who violates any of the provisions of this Ordinance shall be fined not less than Five ($5.00) Dollars nor more than One Hundred ($100.00) Dollars for each offense and any perflon or r:orporation shall be deemed guilty of a separate offense for every day of which such violation shall continue after rflceiving notice from the Build- ing Commissioner of such violation. Sec. VII. LEGALITY OF ORDI- NANCE OR PARTS THEREOF. The invalidity of any section or part thereof shall not be deemed to invali- date any other section hereof. Sec. IX. EFFECTIVE DA'f'"ill: This Ordinance shall be in force and ef- fect from and after its final passage. Sec. VIII. CONFLICTING ORDI- NANCES. All Ordinances or parts of Ordi.nances in so far as conflicting herewith are hereby expressly re- pealed, Regular Session, December 3rd, that the fee title is in the proprie- tor and that the land platted is free from incumbrance or is free from incumbrance other than that secured by the bond provided for in "e" of Sec. III Subdivision 3 hereof and a certified statement from the treasurer of the county in which the land lies that it is free from taxes and from the clerk of the district court that it is free from all judgments, attach- ments, mechanics' or other liens as appears by the record in his office and from the recorder of the county that the title in fee is in such [Jroprietor and that it Is free fronl Incumbrance or free from incumbrance other than that se- cured by the bond provided for in "e''''-of Sec. III Subdivision 3 hereof, as shown by the records of hi15 office. d. Incumbrances- Payment- Credi- tor's Refusal. If the land so plat- ted is incumbered with a debt cer~ tain in amount and which the creditor will not a~cept with ac. crued interest to the date of prof- fered pa}'ment if it draws interest or with a rebate of six IJercent per annum if it draws no interest, or if the creditor cannot be found, then such proprietor, and If a corporation, Its proper officer or agent, may make an affidavit stat- ing either that the proprietor off~ ered to pay the creditor the full amount of his debt, or the debt with the rebate, a15 the case IlIay be, and that he would not accept the same, or that he cannot be found. e. Incumbrance-Bond. The proprietor shall then execute and file with the recorder a bond in double the amount of the incurn brance which bond shall be approved by the re- corder and clerk of the district court. The bond shall run to the Countv and be for the benefit of purchasers of land subdivided by the plat and shall be conditioned for the pa)'ment of the incum~ brance, and the cancellation there- of, of record as soon as practicabie after the same becomes due and to hold all purchasers awl those claiming under them forever harm- les15 from such incumbrance. f. Record-Filing. The signad and ac- knowledged plat the abstract, and the attorney's opinion, together with the certificates of the clerk, recorder and treasurer, and the af- fidavit and bond, if any, togeth~r with the certificate of approvai of the council, shall be entered of record in the proper record books in the office of the county record- er. When so entered, the plat only shall be entered of record in the office of the county auditor and shall be of no validity until so filed, in both offices. Sec. IV. THE CI'.rY COUNClIJ SHALL REQUIRE the owner of land to bring all streets and alleys to a grade acceptable to the council and to hard surface the same before the plat i15 approved and may also require the installation of sidewalks, paVing-, sewers, water, gas and electric utili- ties. 258 II !ii;i.o Councilman Wharton moved that the communication of City Mana- ger Rhomberg be made a matter of record. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Thompson, Council. men Moffatt, Murphy, Van Duel man, Wharton. Nays-None. 263 1945 Regular Session, December. 3rd, Excavation Archie LeVan, 2239 Central Av- enue, Policy No. M&C 284600, The Western Casualty & Surety Co. Respectfully submitted, A. A. RHOMBERG. City Manager 1945 urer of Dubuque County, Iowa for the delinquent taxes and unpaid taxes against the real estate for the years 1931 to 1934, inclusive; and Regular Session, December 3rd, IOWA STATE HIGHWAY COMMISSION Ames, Iowa 1945 December 20, A. A. Rhomberg, City Dubuque, Iowa Councilman Wharton moved that the bonds be approved and placed on file. Seconded by Councilman Moffatt. Carried by the following vote Yeas-Mayor Thompson, Council men Moffatt, Murphy, Van Duel man; Wharton. Nays-None. In re: Traffic survey at Junction of the extensions of Highway 20 and 52 in Dubuque. Dear Sir: In response to your re- quest, we made some traffic sur- veys at the intersection of Locust and Dodge Streets, which is the in- tersection of extensions of High- ways 20 and 52 in Dubuque. These surveys covered a checking of the turning movements of vehicles dur- ing one week day and also check- ing of traffic volume over a three day period by automatic counter. I am sending you two diagrams, on of which shows the turning movement of traffic between 9: 00 a.m. and 7: 00 p.m. on Wednesday, October 10th and the other shows the volume during the peak hour between 5:00 and 6:00 p.m. on the same day. I also send you a copy of the summary sheet showing the detailed figures for this traffic by half hour periods during the same time. The average daily traffic as shown by the three day aut?matic traffic count showed 9640 vehicles on Locust Street to the north, 3865 vehicles on Locust Street to the south, 4280 vehicles on Dodge Street to the west and 3270 vehicles to- ward the - toll bridge on Dodge Street. The figures for the bridge traffic was supplied by Mr. Ellwanger of the Bridge Commission. According to these figures, the traffic does not meet the ordinary warrants which would require a traffic sig- nal. There is a rather heavy left turn movement, which also does Dot meet the warrants for a signal. The pedestrian traffic is rather light. Mr. Burch',s observation was there Mr. Manager, December 3, 1945 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: At the September 3rd meeting I was instructed to ask the Iowa State Highway Commission to conduct a traffic survey at the en- trance to the new Julien Dubuque Bridge. I wrote as follows: "Mr. Fred White, Iowa State Highway Commission, Ames, Iowa. Whereas, The said Dubuque Coun- ty, Iowa desires to sell the above described real estate to Cletus E. and Margaret B. Allen for $75.00, and Whereas, The sale of said prop- erty by Dubuque County, Iowa to Cletus E. and Margaret B. Allen for a sum less than the total amount stated in the tax certificate includ- ing all endorsements of subsequent general taxes, interests and costs requires the written approval of a majority of all tax-levying and tax- certifying bodies having any inter~ est in said general taxes; Now, Therefore. Be It Resolved by the City Coun- cil of the City of Dubuque, Iowa, that the sale of said property to Cletus E. and Margaret B. Allen for the sum of $75.00 in cash, be, and the same is hereby authorized and approved. , Dear Sir-: At a recent meeting of the Dubuque City Council I was instructed to write you concerning the need for traffic regulation at the intersection of U. S. 20 and U. S. 52, otherwise known as Dodge and Locust Streets and the approach to the Julien Dubuque Bridge. The increase of traffic since V -J Day has thrown this problem into sharp focus. Passed, adopted and approved this 3rd day of December, 1945. F. W. THOMPSON. Mayor FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY. W. W. MOFFATT. Councilmen J. J. SHEA. City Clerk It is the belief of the city officials that stop and go lights are needed at this intersection. We ask that you have a survey made in order to work out the proper solution. Pending the result of the survey, stop signs might well be erected on the four corners stopping the traffic in all directions. Attest Councilman Van Duelman moved the adoption of the resolution. Sec~ onded by Councilman Moffatt. Car- by the following vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duel. man, Wharton. Nays-None. Your consideration of this matter will be greatly appreciated." The Commission has since made the survey and the findings and conclusions are embodied in the at- tached report, which is hereby sub- mitted. Respectfully submitted, A. A. RHOMBERG, City Manager December 3, 1945 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: This is to advise that I have approved the following bond and policy and desire to have your approval on same for filing: Surety Personal Kane, Western Department Allen C. Company. Clerk-Water December 3, 1945 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: At the November 19th meeting the petition of Harold John Badger and others requesting the construction of a sanitary sewer in York Street from Curtis Street to South Hill Street was referred to the Council to view the grounds. The Council having viewed the site on November 22nd decided that a plat and schedule for the sanitary sewer be prepared. I recommend that the decision of the Council be confirmed. Respectfully submitted, A. A. RHOMBERG, City Manager Councilman Murphy moved that the recommendation of City Mana- ger . Rhomberg be approved. Sec- onded by Councilman Wharton. Car- ried by the following vote: Yeas-Mayor Thompson, Council. men Moffatt, Murphy, Van Duel man, Wharton. Nays-None. December 3, 1945 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: At the November 19th meeting the communication of the County Auditor asking approval of the sale of Lot 44 of Grandview Heights Add. to Cetus E. Allen for the sum of $75.00 was referred to the Council to view the grounds. The Council viewed the lot on November 22nd and decided to ap- prove the sale by Dubuque County. I recommend that the action be confirmed by the passage of the at- tached resolution. Respectfully submitted, A. A. RHOMBERG, City Manager Councilman Moffatt moved that the recommendation of City Mana- ger Rhomberg be approved. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas~Mayor Thompson, Council men Moffatt, Murphy, Van Duel man, Wharton. Nays-None. Resolution No. 125-45 Whereas, Lot 44 of Grandview Heights Addition in the City of Du- buque, Dubuque County, Iowa was sold on Feb. 3, 1936, to Dubuque County, Iowa by the' County Treas- 262 II ~ ! -- 265 Duelman. vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duel- man, Wharton. Nays-None. J. J. SHEA. City Cerk 1946 1946 Approved Adopted. 1 l Councilmen Passed, adopted and approved this Srd day of December, 1945. F. W. THOMPSON, Mayor FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen J. J. SHEA, City Clerk City Clerk. Attest: following the 1945 Carried by Regular Session, December 3rd, Address University Manager be and he is hereby direct- ed to issue to the followi~g named applicants a Beer Permit. Class I'B" Per-mit Howes, 1122 Name Charles Avenue. 1945 Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas-Mayor Thompson, COUJlcil men Moffatt, Murphy, Van Duel man, Wharton. Nays-None. Session, December 3rd, 73-75 East Fourth Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Resolution No. 127-45 Whereas, applications for Class "B" Beer Permits have been sub. mitted 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 fol- lowing applications be granted and the licenses are to be issued upon the compliance with the terms of the ordinances of this City. S" Permit Class Attest Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Murphy. Car- ried by the following vote: The Page Hotel Street. Address University 1122 Howes, Yeas-Mayor Thompson, Counci men Moffatt, Murphy, Van Due man, Wharton. Nays-None. City Manager Rhomberg stated to the Council that he had been in- formed through indirect sources that some misunderstanding exist. ed concerning the status of veterans in two recent promotions in the police department. He asked per- mission of the Council to meet with the service officers of the veterans oragnizations for the pur p 0 s e of clarifying the laws and policies of the City with reference to all phases of the veterans rights in municipal appointments and promotions. The Council granted the \request and endorsed such meetings. Mayor Thompson stated that it's been my feeling that anything I can do for the veterans will be done. Council- man Wharton expressed the view that this has been the disposition of the entire city administration. The Council as a whole wished that the veterans be informed that their problems would be given Council consideration. was very little delay in turning at any period of the day, and that such dela-y as there was would not be nearly as much as there would be with a signal installation. It was his observation that the traffic handled itself rather well, and his information was that there had been no serious accidents and very few minor ones. It is possible that this situation might be somewhat improved if some channelizing of traffic could be s.ecured through painted traffic markings on the pavement. It might be worth while to experiment with such markings with that end in view. If you think that this might be worthwhile, we would be glad to check with you from time to time as to the results obtained. Very truly yours, W. O. PRICE, Engineer Safety and Traffic Councilman Wharton moved that the communication of the Iowa S tat e Highway Commission be made a matter of record. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Thompson, Council. men Moffatt, Murphy, Van Duel man, Wharton. Nays-None. Regular 264 J. J. SHEA, City Clerk Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Wharton. Car- ried by the following vote: Attest Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duel- man, Wharton. Nays-None. Resolution No. 126-45 Be It Resolved by the City Coun- cil of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit, on behalf of said City. Name 'Vm. Carl There being 'no further business Councilman Wharton moved to ad- journ. Seconded by Councilman Van Resolution No. 128--45 Whereas, heretofore applications for Class "B" Beer ferroits were filed by the within named appli- cants and they have received the approval of this Council; and Whereas, the premises to be, oc- cupied by such applicants have been inspected and found to com- ply 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 A venue. Be It Further resolved that the bond filed with the application be approved. Passed, adopted and approv.ed this 3rd day of December, 1945. F. W. THOMPSON, Mayor FRANK VAN DpELMAN, ALBERT WHARTON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA,' City Clerk Address Central 1736 Wallig, I :i I i~~ " l II Name Charles Avenue. Harold E. Tindell, 553 Eighth Av- enue. The Page Hotel, 73-75 East Fourth Street. Passed, adopted and approved this 3rd day of December, 1945. F. W. THOMPSON, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY. W. W. MOFFATT, Councilmen '~:',;";l;'~;~"",,~';; ,,~, , ')~.\~.', . ;'." >"': ' p--' -~"~.';i' "' . :<....../.... .'z.'~. " ijl!'-n-- ... ,:~,~!i"t...'":. i:1 ,..1:, ,- I,' 267 ity Chest the Mayor is requested each year to appoint two members to represent the City of Dubuque on the Board of Directors of the Dubuque Community Chest, pre- sented and read. Councilman Murphy moved that the communication be referred to the Mayor for his action. Seconded by Councilman Wharton. Carried by the folowing vote: Yeas-Mayor Thompson, CouncU. men Moffatt, Murphy, Van Duel. man, Wharton. Nays-None. Ii', J 1I1,!1 II, II~I Whereupon Mayor Thompson. ap- pointed Councilmen Geo. R. Murphy and Councilman Albert. Wharton as the two members to represent the City of Dubuque on the Board of Di- rectors of. the Dubuque Community Chest. Ordinance No. 26-45. An Ordin- ance granting to C. M. St. P. and P. R. R. Co., its successors and as- signs, the right to construct and maintain a spur track across Far- ley Street from Lot 50 in McCran- ey's 2nd Addition to the City of Du- buque, on the south side of Farley Street to Lot 70f Jaeger's subdi- vision in the City of Dubuque to the North side of Farley Street, con- necting with its track on each side of said street, and providing the terms and conditions thereof, pre- sented and read. Yeas-Mayor Thompson, Council men Moffatt, Murphy, Van Duel. man, Wharton. Nays-None. Councilman Van Duelman moved that the rules be suspended requir- ing an ordinance to be read on three separate days. Seconded by Council- man Moffatt. Carried by the fol- lowing vote: Yeas-Mayor Thompson, Council. men Moffatt, Murphy, Van Duel man, Wharton. Nays-None. Councilman Van Duelman moved that the rules be suspended requir- ing an ordinance to be read on three separate days. Seconded by Coun- cilman Murphy. Carried by the fol- lowing vote: Yeas-Mayor Thompson, Counci men Moffatt, Murphy, Van Due man, Wharton Nays-None, Councilman Van Duelman moved that the proof of publication be re- ceived and filed. Seconded by Coun. cilman Wharton. Carr,ied by the fOllowing vote Councilman Van Duelman moved that the ordinance be placed on file with the City Clerk for public in- spection for at least one week be- fore its final adoption. Seconded by Councilman Moffatt. Carried by the following vote: Yeas--.-,-Mayor Thompson, Council. men Moffatt, Murphy, Van Duel man, Wharton. 1945 10th, Special Session, December Councilman Van Duelman moved that the reading just had be con- sidered the first reading of the ord- inance. Seconded by Councilman Moffatt. Carried by the following vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duel. man, Wharton. Nays-None. 1945 feet to the northerly line of Mineral Lot 69; thence North 88 degrees East along the northerly boundary of Mineral' Lots 69 and 70 and on this course extended to intersect the easterly line of James Street; thence northerly along the easterly line of James Street to the souther- ly line of Platt Street and the point of beginning," presented and read. 10th, Special Session, December iI (Official Session, December 10th, Counc p.m. at ity Special 1945. 266 C .,- Councilman Van Duelman moved that the reading just had be con- sidered the first reading of the ord- inance. Seconded by Councilman Murphy. Carried by the following vote Councilman Van Duelman moved that the ordinance be placed on file with the City Clerk for public in- spection for at least one week be- Councilman Murphy moved that the rules be suspended for the pur- pose of allowing anyone present in the Council Chamber, who wishes to do so, to address the Council. Sec. onded by Councilman Moffatt. Car- ried by the following vote: Yeas-Mayor Thompson, Council men Moffatt, Murphy, Van Duel. man, Wharton. Nays-None. Petition of James F. Lee and others, property owners and abut- ters on Ellis Street, requesting the grading of the Northerly End of said street area between lot lines, presented and read. Councilman Wharton moved that the petition be referred to the Coun- cil to view the grouhds. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Thompson, Council. men Moffatt, Murphy, Van Duel man, Wharton. Nays-None. Communication of the Dubuque Community Chest, by Mrs. Bernice Neuman, Executive Secretary, ad- vising that in accordance with the By-Laws of the Dubuque Commun- Yeas-Mayor Thompson, Council men Moffatt, Murphy, Van Duel man, Wharton. Nays-None. Ordinance No. 25-45. An Ordin- ance amending and changing the Zoning Map of the City of Dubuque as provided by Ordinance No. 3-34 designated "Zoning Ordinance of the City of Dubuque" so as to change the area: "Beginning at the intersection of the easterly line of James Street and the southerly line of Platt Street; thence North 88 de~ grees 10 minutes East along the southerly line of Platt Street and of Platt Street extended to the westerly boundary of Out Lot 732 on the Original Corporation Line; thence South 22 degrees 30 minutes East along the Original Corporation Line to a' point 100 feet northerly of the northerly line of Dodge Street; thence westerly along a line 100 feet northerly of and parallel to the northerly line of Dodge Street to the westerly boundary of Mineral Lot 66; thence North 12 degrees West along the westerly boundary of Mineral Lot 66, 298 feet to the southeast corner of Mineral Lot 70; thence North 71 degrees 45 minutes West along the southerly bound- aries of Mineral Lots 70 and 69, 819.72 feet to the southwest corner of Mineral Lot 69; thence North 18 degrees East along the westerly boundary of Mineral Lot 69, 310 feet to the northerly line of Mineral Lot 69; thence North 88 degrees East along the northerly boundary of Mineral Lots 69 and 70 and on this course extended to intersect the easterly line of James Street; thence northerly along the easterly line of James Street to the souther- ly line of Platt Street and the point of beginning," presented and read. Mayor Thompson read the call and stated that service thereof had been duly made and that this meet. ing is called for the purpose of con- ducting a public hearing upon a pro- posal to amend and change the Zon- ing Map and the Zoning Ordinance by changing from "Two Family Residence District" classification to "Multiple Residence District" clas- sification the area as requested in the petition of St. Joseph Mercy Hospital and acting on any other business as may properly come be- fore a regular meeting of the City Council. Proof of publication, certified to by the publishers, of notice of a public hearing upon a proposal to amend and change the Zoning Map and the Zoning Ordinance by chang- ing the area: "Begining at the in. tersection of the easterly line of James Street and the southerly line of Platt Street; thence North 88 degrees 10 minutes East along the southerly line of Platt Street and of Platt Street extended to the west- erly boundary of Out Lot 732 on the Original Corporation Line; thence South 22 degrees 30 minutes East along the Original Corporation Line to a point 100 feet northerly of the northerly line of Dodge Street; thence westerly along a line 100 feet northerly of and parallel to the northerly line of Dodge Street to the westerly boundary of Mineral Lot 66; thence North 12 degrees West along the westerly boundary of Mineral Lot 66, 298 feet to the southeast corner of Mineral Lot 70; thence North 71 degrees 45 minutes West along the southerly bound- aries of Mineral Lots 70 and 69, 819.72 feet to the southwest corner of Mineral Lot 69; thence North 18 degrees East along the wester- ly boundary of Mineral Lot 69, 310 "Ii ~~ II Council met 7: 30 Present-Mayor Thompson, Coun- cilmen Moffatt, Murphy, Van Duel- man, Wharton, City Manager Rhom- berg. Meeting called by order of Coun- cilmen Murphy and Moffatt. . 269 Sec. 2. That such construction be done under the direction and super* vision of the City Manager and Building Inspector. Sec. 3. That the right to con- struct and maintain such concrete loading dock, as hereby granted, shall be subject to the continuous control of the City Council, reserv- ing the right to said City Council to impose restrictions and condi- tions upon the enjoyment thereof as may be reasonably necessary for the protection of the public inter- ests, including the right to revoke and rescind the grant hereby made, if at any time the public interests should so require. Sec. 4. As a further tiOll of the rights and hereby granted, said Building Company, its successors and assigns, assume any and allIia- bility for damages to persons or proper.ty which may result from the construction and/or mainten~ ance of such concrete loading dock and said Stampfer Building Com- pany, its successors and assigns, at its own expense agrees to defend any and all claims or actions, which may be made or brought against the City because of the construction and/or maintenance of such con~ crete loading dock, and should the City be required to pay any sum as dama~es, said Stampfer Building Company, its successors and as~ signs, agree to fully reimburse the City therefor and to hold said City harmless from any damages. Sec. 5. Should the rights and privileges herein granted be re- scinded or revoked, said Stampfer Building Company, its successors and assigns, at its own expense and upon receipt of notice, agrees, with- in 30 days after receipt of such no- tice, to remove the structure herein authorized and to restore the alley in as good condition as it was be~ fore said construction. 1945 10th, Special Session, December considera- privileges Stampfer December 10, 1945 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: With reference to at- tached petition of E. M. Thompson et al requesting that the present Local Business District be extended to include the Southeast one-half of Lot 4 of Hughes Sub at 1577 Delhi Street the Planning and Zon- ing Commission recommends that the petition be granted. Yours truly DUBUQUE PLANNING AND ZONING COMMISSION R. V. McKAY, Secretary Yeas-Mayor Thompson, Council men Moffatt, Murphy, Van Duel man, Wharton. Nays-None. 1945 t recommend that Liability Pol- icy No. N. B. 9961 be accepted and Bond No. 169344 be relea-aed to be returned to Paul J. Weitz. Respectfully submitted A. A. RHOMBERG, City Manager 10th, Special Session, December fore its final adoption. Seconded by Councilman Murphy. Carried by the f{)llowing vote: Yeas-Mayor Thompson, Council- men MOffatt, Murphy, Van Duel man, Wharton. Nays-None. 268 Councilman Moffatt moved that the recommendation of the Plan~ ning and Zoning Commission be approved and the City Solicitor re- quested to prepare the proper proceedings. Seconded by Council- man Murphy. Carried by the fol. lowing vote: Councilman Murphy moved that the recommendation of City Mana- ger Rhomberg be approved. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duel~ man, Wharton. Nays-None. December 10, 1945 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The Planning and Z 0 n i n g Commission respectfully recommends tentative approval of subdivision plat of Peter J. Seippel et al known as "Rolling Green" with following provisions (1) Present lots No.1 and No.2 be changed to make three lots each with approximately 69.52 ft. front- age along Cross Street by 100 feet deep. 29-45 Whereas, Stampfer Building Com- pany has filed with the City Council a request for permission to erect a concrete loading dock in the alley at the rear of its building abutting City Lot No. 29 in the City of Du- buque in accordance with the plat attached to said Petition, and; Whereas, said Petition was re- ferred to the City Council to view the grounds, and No. Resolution (2) A 10 ft. right-oi-way be pro~ vided along the westerly line of Lot No. 7 Albers Sub from Simpson Street to the alley at the north. (3) A revised plat -ahowing above change-a is attached herewith. (4) The City Solicitor feels that petitioner blas complied with all legal requirements in accordance with the new Subdivision Ordin~ ance. Whereas, the City Council has viewed the grounds and is of the opinion that said request should be granted. Yours truly DUBUQUE PLANNING AND ZONING COMMISION R. V. McKAY Secretary Now, Therefore, Sec. 6. This Resolution shall be~ come effective and the rights here- under shall aCCUI'e to the Stampfer Building Company, its successors and assigns, when this Resolution has been passed by the City Coun- cil and accepted. by said Stamp fer Building Company, which accept~ ance shall be endorsed hereon. Be It Resolved by the City Coun. cil of the City of Dubuque Sec. 1. That the Stampfer Build- ing Company, its successors and assigns be, and it is hereby granted the right and authority to erect a concrete loading dock in the alley at the rear of its building abutting City Lot No. 29 in the City of Du- buque in accordance with the plat attached to said Petition. Coucilman _Wharton moved that the recommendation of the Plan- ning and Zoning Commission be received and made a matter of record and the Subdivision Plat of Rolling Green be tentatively ap- proved. Seconded by Councilman Murphy. Carried by the following vote Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duel~ man, Wharton. Nays-None. Dubuque, Iowa December 5th, 1945 To the Honorable Mayor and Members of the City Council City of Dubuque, Iowa Gentlemen: In accordance with the provisions of Chapter 289, Code of Iowa 1939, the Civil Service. Com- mission conducted a promotional examination on December 4th, 1945 for the position of Meter Service Man in the Water Department. One applicant took this examina- tion and upon completion of the grading of the examination papers the Civil Service Commission here~ by submits their report. N ame Average Charles J. Abraham 913-4% Respectfully submitted, Chairman C. S. HARKER E. B. LYONS Commissioners J. J. SHEA, Clerk Subscribed and sworn to before me a Notary Public this 5th day of December, 1945. JOHN A. BRADY Notary Public Councilman Murphy moved that the report of the Civil Service Com~ mission be received and made a matter of record. Seconded by Coun- cilman Van Duelman. Carried by the following vote: Yeas-Mayor Thompson, Council~ men Moffatt, Murphy, Van Duel- man, Wharton. Nays-None. December 6, 1945 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Attached is the lia~ bility policy No. N. B. 9961 issued to Alvin Conzett and Karl Gorshe do- ing business at the Varsity Theater and covering theater marquee lo- cated at 1111 Loras Boulevard. This policy replaces Maryland Casualty Company Bond No. 169344 issued to Paul J. Weitz, former owner of the Varsity Theater. Attest II 'I!"il I" __~ _~_~~'-'-' - '<;LtL '\>j>,~ - --- f I,,:' I,d ~~i:: ; CLASS "B" PERMIT Frank O'Rourke and Sarah Wal- dorf, 37 Eigth Avenue. CLASS "C" PERMIT Crusa A. Alba, 2601 Jaskson Street. BE IT FUR THEa RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 10th day of December, 1945. F. W. THOMPSON Mayor. FRANK VAN DUELMAN ALBERT WHARTON GEO. R. MURPHY W. W. MOFFATT Councilmen Attest: J. J. SHEA City Clerk Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Moffatt. Car- ried by the following vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duel- man, Wharton. Nays-None. There being no further business Councilman Murphy moved to ad- journ. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Thompson, Counci" men Moffatt, Murphy, Van Due man, Wharton. Nays-None 271 1945 10th, Special Session, December 1945 Councilman Van Duelman moved the adoption of the resolution. Sec~ onded by Councilman Moffatt. Car. ried by the following vote: Yeas-Mayor Thompson, Councf men Moffatt, Murphy, Van Due man, Wharton. Nays-None. Session, December 10th, Resolution No. 131-45 WHEREAS, application for 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 fol- lowing applications be granted and the licenses are to be issued upon the compliance with the terms of the ordinances of this city. CLASS "B" PERMIT Frank O'Rourke and Sarah Wal dorf, 311 Eighth Avenue. J. J. SHEA City Clerk 1946 1946. City Clerk Approved Adopted. Coullcilmen Attest CLASS "C" PERMIT Cruso A. Alba, 2601 Jackson Street. Passed, adopted and approved this 10th day of December, 1945. F. W. THOMPSON Mayor FRANK VAN DUELMAN ALBERT WHARTON GEO. R. MURPHY W. W. MOFFATT 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, Council- men Moffatt, Murphy, Van Duelman, Wharton. Nays-None. Resolution No. 132-45 ",THEREAS, heretofore applica, tion for Beer Permits were filad by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be occupied by such applicants have been inspected and found to com- ply 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 dir, ected to issue to the following nam- ed applicants a Beer Permit. MPFER BUILDING C Thomas M. Stampfer President Council VanDuelman moved the adoption of the resolution. Sec- onded by Councilman Wharton. Car- ried by the following vote: Yeas-Mayor Thompson, Council. men Moffatt, Murphy, Van Due}. man, Wharton. Nays-None. Passed, approved and adopted this 10th day of December, 1945. F. W. THOMPSON Mayor FRANK VAN DUELMAN ALBERT WHARTON GEO. R. MURPHY W. W. MOFFATT Councilmen J. J. SHEA City Clerk Stampfer Building Company hay, ing full knowledge and understand- ing of all the terms and conditions of Resolution No. 129,45, hereby ac, cepts the same as a do p t e d and agrees to comply with the terms and conditions thereof. Signed this 14th day of December, 1945. STA O. By Special 270 Acceptance of Resolution No. 12945 Attest Resolution No. 130-45 BE IT RESOLVED by the City Council of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within the City and the Manager is directed to issue such permit on behalf of said City. Mrs. Kate Capretz and Wm. Lembke (Effective Jan. 1st. 19(6), 2595 Rhomberg Avenue. Joe Harris (Effective Jan. 1st 19(6), 2117 University Avenue. Caruso A. Alba (Effective im- mediately), 2601 Jackson St. Passed, adopted and approved this 10th day of December, 1945. F. W. THOMPSON Mayor FRANK VAN DUELMAN ALBERT WHARTON GEO. R. MURPHY W. W. MOFFATT Councilmen Attest: J. J. Shea City Clerk illi II :~+ i~Iff~~;iii$f~~:i1,~.:h/,,)~ t t .\ 273 same are hereby declared to be under the- exclusive charge and con- trol of the Board of Dock Commis- stoners of the City'of' Dubuque,said Board to have exclusive charge and control of the building, rebuilding, alteration, repairing, operation and lea..sing of said property and every part thereof. Passed, adopted and approved this 21st day of December, 1945. F. W. THOMPSON, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, W. W. MOFFATT, Coupcilmen. J. J. SHEA, City Clerk. Special Session, December 21st, 19<15 Councilman Murphy moved the adoption of the resolution. Sec- onded by Councilman Moffatt. Car~ ried by the following vote: Yeas~Mayor Thompson, Council- men Moffatt, Murphy, Van Due]- man, Wharton. Nays-None. Attest CERTIFICATION. State of Iowa, 1 s' County of Dubuque J s. , I. J. J. Shea, being first duly sworn on' oath depose and say that I am the duly appointed and qual- ified Clerk of the City of Dubuque, Iowa; that as such Clerk I have in my possession and under my con~ trol all of the offlcial records and proceedings of the City Council of said City; that Resolution No. 133- 45 was passed, adopted and ap- proved by the City Council of said City on the 21st day of December, ~946, and I hereby certify that the Resolution attached hereto is a true, correct and compared copy of said Resolution as the same-appears of record in my office. J. J. SHEA. Special Sessi!,n,.I>ecember 21st, 19<15 Councilman Van Duelman moved that the' ordinance be placed on tile with, the City Clerk for pubUcin~ spection 'for at least one week be- fore its final adoption. Seconded by Councilman Wharton. Carried by 'the followiag vote: Yeas-Mayor Thompson, COUDell- men Molfatt, Murphy, Van Duel~ man, Wharton. Nays-None. 272 City Council (Olllelal.) Sijecial Session, December 21st, 1946. Council met at 7:30 P. M. Present-Mayor Thompson, Coun. cUmen Moffatt, Murphy, Van Duel- man, Wharton, City Manager Rhom- berg. Subscribed and sworn to before me by the said .T. .T. Shea this 21st day of December, 1945. GERAJ:.DINE L..DEMKIER. Notary Public in and for Dubuque County, Iowa. / , CERTIFICATION. State of Iowa, l County of Dubuque j ss. I, J. J. Shea, being first duly sworn on oath depose and say that I am the duly appointed and quali- fied Clerk of the City of DUbuque, Iowa; that as such Clerk I have in my possession and under my con. trol all of the official records and proceedings of the City Council of said city; that Resolution No. 134- 45 was passed, adopted and ap- proved by the City Council of said City on the 21st day of December, 1945, and I hereby certify that the Resolution attached hereto is a true, cClrrect . and,. c;orp.~~d_ <,?9P;yof, said Resolution "&s.the.same a.pPe'ars.of record in my office. Resolution No. 134-45 , Whereas, The City of Dubuque, Iowa, has legal title to the following described property, to-wit: Lot 2 of Lot 16, Lot 2 of Lot 1 of Lot 17, Lot 1 of Lot 1 of Lot 18,- and Lot 1 of Lot 19, all in Block 17 in Dubuque Harbor Im- provement Co.'s Addition to the City of Dubuque, Iowa and Whereas, Such lots bonstitute a tract o.f land adjacent to the river front which has been developed and improved by the Board of Dock Commissioners pursuant to its gen- eral plan for the improvement of River Front and Wharf Property; 3IJd Whereas, It is deemed necessary and advisable by this Council and for the best interest of the City of SHEA. to before J. J. Resolution No. 13345 WHEREAS, City of Dubuque, Io.wa is the owner. of River Front Subdivision No.1. City of Du- buque, Iowa; and WHEREAS, said City has agreed with Morrison Brothers Company to dedicate for stree1;- purposes a strip of said land lying along the easterly side of relocated Commer~ cial Street; and Ordinance No. 27-45. An Ordin- WHEREAS, it is desirable to ance for the vacation of a part o.f subdivide. said Subdivision to simp~ relocated Commercial Street and lity the description of thestrlp to be a part of the alley in Block 17 of dedicated and that portion no.t to Dubuque Harbor Improvement Co's. be dedicated; Addition all in the City of Dubuque, Now. Therefore Be and It Is Iowa and for the conveyance of Hereby Resolved that River Front said vacated areas to Morrison SUbdivision Lot No. 1 be and the Brothers Company in exchange for same is hereby subdivided into Lots Lot 2 of Lot 16, Lot 2 at Lot 1 of 1 and 2 thereof in accordance with Lot 1~, Lot 1 of Lot 1 of Lot 18, and the plat attached' hereto. Lot 1 of Lot 19 all in Block 17, Du- buque Harbor Improvement Co.'s BE IT FURTHER RESOLVED Addition to the City of 'Dubuque, that the Mayor and Clerk be and Iowa, and for the dedication of Lot they are herebyauthorlzed to'sign 2 of River Front Subdivision No.1 the original of said plat for and on in the City of Dubuque, Iowa, as a behalf of the City of Dubuque, Iowa public street and as a part of re- and cause said plat to be recorded located Commercial Street in the in the office of the Dubuque County City of Dubuque. Iowa, presented Recorder and to do any and all and read. other acts which may be required Councilman Van Duelman moved in the premises. ' that the reading just had be con- Dated this 21st day of December, sidered the first reading of the or- 1945. dinan.ce. S6Qonded, by Counclbnan Mnrphy. Carried bY the folIl>w1ng vote: Yeas-Mayor Thompson, Council- men Moffatt. ~ul'J,l~~,.:",y!~,,])u. :el~_L-,. '~~~~~~~~~~,~ Meeting called by order of Coun- cilmen Van Duelman and Wharton. Mayor Thompson read the call and stated that service thereof had been, duly made and that this meet- ing is called .for the purpose of con- sidering the leasing of city property and acting on any other business as may properly come before a reg- ular meeting of the City Council. ., F. W. 'rHOMf'SON , Mayor FRANK VAN DUELMAN ALBERT WHARTON GEO. R. MURPHY " ~... ,- ,--.-, ': ,~,' ',,:: ,,~;+;:,i II ,",!,,: ." GERALDINE L. DEMKIER. Notary Public in and for Dubuque County, Iowa. '';',:;'- :',~'::'. "'~,"(:,,~~~:y."';~';~"'" -' ":-;,:,~,,:~..,,,",,~,~:.., l'liitiOliitloitl'l';;'1~>O...' Whereas, River Front Subdivis- ion No. 1 and certain other adjoin- ing .property owned by the City of Dubuque, 'Yowa, , has been lJlaced under the eXclusive control and . ~ '~~;;:,:T'2'b~?t~~~to~~t'r~i::iI~~";iptG: Hereby Resolved by the Council of the City of Dubuque, Iowa, that the lots described in the preamble here- (,t" -ad the U86. iI11ptoveoient and development thereof be and the II use, improvement and develop- ment of them under the exclusive charge and control of said Board of , '~ ATTEST: J. J. SHEA, City Clerk Councilman Van Duelman moved o__~'ot-.tIQt~._t!,,'~,\ onded ,'by'. 'Councl1nuin - W1:i8:rlon~ . Carried by the following vote: Yeas-Mayor Thompsolil, Council- men Moffatt, Murphy, Van Duel~ man,. Wharton'. Nays-None. '- NaYS-1'Ion~~ Councilman Van Duelman moved that the rules be suspended re- quiring an ordinance to be read on 't.IItW'~'.lltiIJI;.'~1!4.'1l)r, Councihnan Murphy. Carried. by the following vote: Yeas-Mayor Thompson, C D;len Moffatt, Murphy. Van man. Wharton. Nays-None. ouncil- Duel- ~~~~~~h-} " H ~."""'"' ,:o:,'",.-,~,o..-, '-.-'"': ,-__' ..,__','- ,ft, ! .', ~i'~ :;.. ~i H;, . .. .'~ , , ' .., rA;-~~t''',~ 273 same, are hereby declared to be under the- exclusive charge and con. trol of the Board of Dock Commis- sioners of the City'Of Dubuque,,'said Board to have exclusive charge and control of the building, rebuilding, alteration, repairing, operation and Iea,sing of said property and every part thereof. Passed, adopted and approved this 21.st day of December, 1945. F. W. THOMPSON. Mayor. FRANK VAN DUELMAN. ALBERT WHARTON. GEO. R MURPHY. W. W. MOFFATT. Coupcilmen. J. J. SHEA. City Clerk. Yeas-Mayor Thompson, Council- men Mofl'att, Murphy, Van Duel- man, Wharton. Nays-None. Councilman MUrphy moved the adoption of the resolution. Sec- onded by Councilman Moffatt. Car- ried by the fonowing vote Special Session, December 21st, 1945 Attest CERTIFICATION. State of Iowa, } . County of Dubuque SS. I, J. J. Shea, being first duly sworn on' oath depose and say that I am the duly appointed and qual- Hied Clerk of the City of Dubuque, Iowa; that as such Clerk J have in my posseSSion and under my con~ trol aU of the official records and proceedings of the City Council of said City; that Resolution No. 133- 45 was passed, adopted and ap.- proved by the City Council of said City on the 21st day of December, 1945, and I hereby certify that the Resolution attached hereto is a true, correct and compared copy of said Resolution as the same'appears of record in my office. J. J. SHEA. Subscribed and sworn to before me by the said J. J. Shea this 21st day ot December, 1945. GERALDINE L..DEMKIER. Notary Public in and for Dubuque County, Iowa. S~ssi()Il,J)ecembe1- 21st, 1945 Councnman Van Duelman moved that the ordinance be placed on file with the City Clerk for public in- spection for at least one week be- fore its final adoption. Seconded by Councilman Wharton. Carried by 'the followiag vote: Ye(ls-Mayor Thompson, Council- men Mof.f.att. Murphy, Van Duel- man, Wharton. Nays-None. Resolution No. 133-46 WHEREAS, City of Dubuque, Iowa is the owner. of River Front Subdivision No.1, City of Du- buque, Iowa; and WHEREAS, said City has agreed with Morrison Brothers Company to dedicate for street; purposes a. strip of said land lying along the easterly side of relocated Commer- cial Street; and WHEREAS. It Is desirable to subdivide'sald Subdivision to simp- lify the description of the' strip to be dedicated and that portion not to be dedicated; / CERTIFICATION. State of Iowa, l s County of Dubuque j s. I, J. J. Shea, being first duly sworn on oath depose and say that I am the duly appointed and quali- fied Clerk of: the City of Dubuque, Iowa; that as such Clerk I have in my possession and under my con- trol all of the official records and proceedings. of the City Council of said city; that Resolution No. 134- 45 was passed, adopted and ap- proved by the City Council of said City on the 21st day of December, 1945. and I hereby certify that tho Reso.lutian attached hereto. is a true, ~9r"ect..nd..q~I!I!"!l4.""1lI ."~sal(l Jt_I_'..8 .th...."'...ajiJle'ars 'l>t recard in my affice. J. J. SHE Resolution No. 134-45 , Whereas, The City of DubuqQ.e, Iowa, has legal title to. the following described property, to-wit: Lot 2 of Lot 16, Lot 2 o.f Lot 1 of Lot 17, Lot 1 of Lot 1 of Lo.t 18,- and Lo.t 1 of Lot 19, all in Block 17 in Dubuque Harbo.r Im- provement Co..'s Addition to the City o.f Dubuque, Iowa and Whereas, Such lots bonstitute a tract of land adjacent to the river front which has been developed and impro.ved by the Board of Dock Commissioners pursuant to its gen~ eral plan for the impravement af River Frout and VVharf Property; ~_qd ; 'Jt~;;.,"j;,~,'," ';/ Whereas, It is deemed necessary and advisable by this Co.uncil and fDr the best interest Df the City o.f N o.w, Theref,ore Be aI;Ld It Is Hereby Resolved that River Front Subdivision Lot No.. 1 be and the same is hereby subdivided into Lots 1 and 2 thereat in accordance with the plat attached' hereto.. BE IT FURTHER RESOLVED that the. Mayor and Clerk be and they are hereby a.uthorized to 'sign the original o.f said plat for and Dn behalf of the City of Dubuque, Iowa and cause said plat to be recorded in the office of the Dubuque County Recorder and to do any and. all other acts which ma.y be required in the premises. Dated this 21st day o.f December, 1945. ~~,:.' J;'. }Y.. T~Q~S9N Ma.yor..... ..,:. FRANK VAN DUELMAN ALBERT WHARTON GEO. R. MURPHY '\~ -. Sp"ecial 1945. Council met at 7: 30 P. M. Present~Mayo.r Thompson; co.un- cilmen Mo.ffatt, Murphy, Van Duel- man, Wharto.n, City Manager Rhom~ berg. Meeting called by order of Coun. cilmen V~ Duelman and Wharton. Mayo.r 'rhompso.n read the call and stated that service thereof had been duly made and that this meet- ing is called ,for the purpose o.f con- sidering the leasing of city property and acting o.n any other business as may properly come before a reg- ular meeting of the City Council. Ord~nance No. 27-45. An Ordin- ance for the vacation of a part o.f relocated Commercial Street and a part o.f the alley in Block 1'1 of Dubuque Harbor Improvement Co's. Addition all in the City o.f Dubuque, Iowa and for the conveyance o.f said vacated areas to Morrison Brothers Company in exchange for ~o.t 2 of Lo.t 16, Lot 2 or: Lot 1 of Lot 17, Lot 1 of Lot 1 of Lot 18, and Lot 1 of Lot 19 all in Block 17, Du- buque Harbor Improvement Co.'s Addition to the City o.f 'Dubuque, Iowa, and for the dedication of Lot 2 of River Front Subdivision No. 1 in the City of Dubuque, Iowa, as a public street and as a part of re- located Co.mmercial Street in the City of Dubuque, Iowa, presented and read. Councilman Van Duelman moved that the reading just had be con. sidered the first reading of the o.r- 4IlIanoe. '. SellOllileoL lIyCOnncllman Murphy. Camed bjo the fOllbwlng vo.te: Yeas-Mayor Thompson, Council. !II'l!l..l\IQUett'.~W!J!l1l..,...Yan. puel 21st, Council (otnelal.) Session, December Special 272 City o ~Wi~ ~",'~-,. II . GERALDINE L. DEMKIER. Notary Public in and for DUbuque County, Iowa. ":'~1;f'1;nt;:i&ii:J.J:~~~jp~-,~x~~;e~:~(lj;'i~&'., """""""FR~";'M':~ :"" ."'.....,,_... , Whereas, River Front Subdivis. ion No.. 1 and certain other adjoin- il!~ \>Tpper;y oW!l~9 Ill' ,~e lilt, I,t. DUbUque. .. loWs;; h... bMn i>1lic"" under the exclusive control and use, improvement and ment of them under the charge and contro.l of said ~~i~~""'. '"'''''' , "~N.';ltb~';-rt";t18' Hereby Resolved by the Council of the City of Dubuque, Io.wa, that the lots described in. the preamble here- ~"';ll'ifM:,Illi": l>ii~eni....t lmII develo.pment thereof be and the .;':';- \ , moved i ) ATTEST: J. J. SHEA. City Clerk Councilman Van Duelman ,..,,!I.,"'''ij'. liltdll<l'" "U wril.lt. Carried by the following vote: Yeas-Mayor ThompsOJ~, Council. _Illen !d()ffatt., Murphy, Van Duel- "'''I1.WIi&lotoJt. : .....' Nays-None. '- Yii"'-NObo. Co.uncilman Van Duelman moved that the rules be .suspended re~ quiring au ordinance to be read on .~..Jtn..il!__,'!~JlIIir.f~ ()ounclIm~n Murjl!iy. lim' by the following vo.te: Yeas-Mayor Thompson, Council. "Ill"l\I:<>Ua.tt,l\ll11Jl~,Van pue!- man,' Whitrto.n. - Nays-None. ,,-,", -- 1;'" ~Jti"''''' IIIP""'~~:!'. ',,~ <st!'".' !l:~~'" :.. It.." f'_<," ....:^' 275 . ~I degrees West Rang the westerly boundary of Mineral Lot 66, 298 feet to the southeast corner of Mineral Lot 70; thence North 71 degrees 45 minutes "'''-est along the southel'ly boundaries of Mineral Lots 70 and 69, 819.72 feet to the southwest cor- Her of Mineral Lot 69; thence North 18 degrees East along the westerly boundary of Mineral Lot 69, 310 feet to the northerly line of Mineral Lot 69; thence North 88 degrees East along the northerly boundary of Mineral Lots 69 and 70 and on this course extended to intersect the easterly line of James Street; thence northerly along the easterly line of James Street to the south- erly line of Platt Street and the point of beginning" from "Two Family Residence District" classi- fication to "Multiple Residence Dis- trict" classification, said ordinance having been passed upon first read. ing on December 10, 1945, and or- dered placed on file with the City Clerk for public inspectiQn for at least one week before its final adoption, was presented and read on final adoption. 1945 Session, December 21st men Moffatt, Murphy, Van Duelman, Wharton. Nays-None. Special Session, December 21st, 1945 Passed, adopted and approved this 21st day of December, 1945. F. Special charge of the Board of Dock Com- missioners of the City of Dubuque, Iowa; and 274 Communication of Dubuque Saf- ety Council, by Hale C. Reid, ex- pressing the appreciation of the Du- buque Safety Council for the co- operation of the City of Dubuque in providing a city car for use in the Drivers' Education Classes, pre- sented and read. Councilman Murphy moved that the communication be received and filed. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Thompson, Council. men Moffatt, Murphy, Van Due man, Wharton, Nays-None W. THOMPSON, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Moffatt moved the adoption of the resolution. Sec- onded by Councilman Murphy. Car- ried by the following vote Yeas---:-Mayor Thompson, Council men Moffatt, Murphy, Van Duel man, Wharton. Nays-None. 'Vhereas, said Board, acting pur- suant to authority conferred on it by statute, is about to enter into a lease of said property to Virginia- Carolina Chemical Corporation; and Whereas, Virginia-Carolina Chem- ical Corporation desires to con- struct and maintain over and across the re-Iocated Commercial Street and adjoining streets and alleys such railroad tracks as may be deemed necessary and desirable by the Chemical Company in its opera- tions; and ORDINANCE An Ordinance amending and chang- ing the Zoning Map of the City of Dubuque as provided by Ordinance ~o. 3-34 designated "Zoeing Ordin- ance or' the City of Dubuque" so 'is to change the ,area "Beginning at the intersection of the easterly line of .Tames Street and the southerly iine of Phttt Street; thence Xorth 88 degrees HI minutes East along the southerly line of Platt ,street and of Platt StrE:et f:'xtended to tile westerly boundflry of Out Lot 732 on the Original Corporation Line; thence South 22 degrees 30 minutes East along the Original Corporation line t'J a point 100 feet j;ortherly of the northerly line of Dodge Street; thence westerly along a line 100 feet northerly of and parallel to the ~orth- erly JinfJ of Dodge Street to the west- iTly boundary of Mineral Lot C6; thence North 12 degrees 'Vest along the westerly iJoundary of Mineral Lot 66, 2D8 feet to the 1-Joutheast corner of Mineral Lot 70; thpnce North 71 degrees 45 minutes 'Vest along the southerly boundaries of :Mineral Lots 70 and 6!1, 8]9.72 feet to the southwest corner of Mineral Lot 69; thence Xort.h IS degrees East along the we"t- erly boundary of Mineral Lot 69, 31ll feet to the northerly line of Mineral Lot 69: thence Xorth 88 degrees East along the northerly boundary of Min- eral Lots 69 and 70 and on this course extended to intersect the easterly line of James Street: thence northerly along the easterly line of James Street to the southerly line of Platt Street and the point of beginning" 25-45 NO. Petition of Ambrose J. Marshall and others requesting that Lots 17 and 18 of the Subdivision of Out Lot No. 710 in "Plan of Quigley's Sub. division of Out Lots in Dubuque" be zoned as a multiple family resi. dence zone, presented and read. Councilman Wharton moved that the petition be referred to the Plan- ning and Zoning Commission for their recommendation and report. Seconded by Councilman Murphy. Carried by the following vote: Ordinance No. 25-45. An Ordi. nance amending and chang-ing the Zoning Map of the City of Dubuque as prOVided by Ordinance No. 3-34 designat.ed "Zoning Ordinance of the City of Dubuque" so as to change the area; "Beginning at the intersection of the easterly line of James Street and the southerly line of Platt Street; thence North 88 de- grees 10 minutes East aong the southerly line of Platt Sb'eet and of Platt Street extended to the west- ery boundary of Out Lot 732 on the Original Corporation line; thence South 22 degrees 30 minutes East along the Original Corporation Line to a point 100 feet nOl.therly of the northerly line of DOdge Sltreet; thence westerly along a line 100 feet northerly of and par- allel to the northerly line of Dodge Street to the westerly boundary of Mineral Lot 66; thence North 12 Yeas-Mayor Thompson, Council men Moffatt, Murphy, Van Duel man, ""harton. Nays-None. I CERTIFICATION. State of Iowa, } County of Dubuque ss. I, J. J. Shea, being first duly sworn on oath depose and say that I am the duly appointed and qual- ified Clerk of the City of Dubuque, Iowa; that as such Clerk I have in my possession and under my con- trol all of the official records and proceedings of the City Council of .said city; that Resolution No. 135- 45 was passed, adopted and ap- proved by the City Council of said City on the 21st day of December, .1945, and I hereby certify that the within Resolution is a true, corr.ect and compared copy of said Resolu. tion as the same appears of record in my office. Subscribed and sworn to before me by the said J. J. Shea this 21st day of December, 1945. GERALDINE L. DEMKIER, Notary Public in and for Dubuque County, Iowa. Communication of Marvin Gould Conference Secretary, ext2nding in vitation to attend the Building In- dustry Conference to be held at Iowa State College, Ames, Iowa, on January 23 and 24, 1946, presented and read. Councilman Wharton moved that the communication be referred to the City Manager with power to de- signate the officials to attend the conference. Seconded by Council- man Moffatt. Carried by the follow- ing vote: Yeas-Mayor Counci J. J. SHEA. Thompson, Whereas"the Chemical Company desires to discharge water borne waste into the storm water sewer now located upon and across the premises; and Whereas, it is desirable and to the best interests of the City of Du- buque, Iowa, that said Chemical Company should be granted certain rights in connection with the afore- said lease; Nmv, Therefore, Be It Resolved by the City Coun- cil of Dubuque, Iowa, that Virginia- Carolina Chemical Corporation, as a lessee under the aforementioned lease, be, and they are hereby al- lowed to discharge harmless and un- objectionable water borne wastes into the storm water sewer now lo- cated upon and across River Front Subdivision No. 1 in the City of Dubuque, Iowa, until such time as other sewer facilities are reason- ably available, providing no depos- its are made in the storm water sewer which will not freely move and wash out with the normal flow of the sewer; and Be It Further Resolved by the City Council of Dubuque, Iowa, that it will grant to said Virginia-Caro- lina Chemica Corporation the right to construct and maintain over and a c I' 0 S s the relocated CommerCial Street and adjoining streets and al- leys such railroad tracks as may be deemed necessary or desirable by the Chemical Company in its opera- tionssubject to the terms and con- ditions of the statutes of Iowa per. taining thereto .,Ji' .:~':., #\,f,;i~il.ftt',. 'II 1IIIr.....~ ~,~ 279 beeu reached for the purchase of Lots 1, 2 and 3 of the Sub. of Lot 12 of Mineral Lot 172 for the sum of $2,200.00. This property has a frontage of 117.6 feet on the south- erly side of University Avenue and a depth of 209 feet from University Avenue towards North Grandview Avenue. Councilman Wharton moved that the recommendation of City Man- ager Rhomberg he approved. Sec- onded by Councilman Van Duelman. Carried by the -following vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duehnan, Wharton. Nays-None. Resolution No. 136--45 "Whereas, the City Council of the City of Dubuque deems it desirable and necessary to provide for the fu- ture extension of North Grandview Avenue northerly to "Vest Locust and Seminary Streets by way of Au- dubon Street; and Whereas, the acquisition of Lots 1, 2 and 3 of the Subdivision of Lot 12 of Mineral Lot 172 is necessary to accomplish this purpose, Now, Therefore, Be It Resolved by the City Coun- cil of the City of DUbuque that the City Manager be authorized to ac- quire Lots 1, 2 and 3 of the Sub- division of Lot 12 of Mineral Lot 172 for the sum of Two Thousand Two Hundred Dollars ($2,200.00); and Be It 'Further Resolved that there be and there is hereby appropriated the sum of Two Thousand Two Hundred Dollars ($2,200.00) for the above outlined purchase from the Consoliated Fund. Passed, adopted and approved this 21st day of December, 1945. F. W. THOMPSON. Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen. J. J. SHEA, City Clerk:. With reference to the subdivision plat of Rolling Green, I have examined the papers filed and find: 1. That there is on file a com- plete abstract of title accompanied by an opinion from an attorney stating that the fee title is in Peter Seippel and the land platted is free from incumbrance. 2. That among the papers, a state- ment from the County Treasurer stating "that the land here laid out into lots is free from all taxes" A description of the land should be included in the certificate. 3. Also a statement by the Clerk of the Court contains the statement that "the land here laid out in lots is free from all judgments, etc." A description of the land should be attached. 4. The certificate from the Coun- ty Recorder "that Ntle to Lots 50, 51, 52 and 53 in Simpson Add., Dubuque, Iowa, is in name of Peter J. Seippel" The Ordinance provides that the certificate should state "That the title in fee is in the proprietor" Yours truf)r, JOHN J. KINTZINGER, City Solicitor. I recommend that the City Coun- cil authorize the purchase of the property outlined above for the sum of $2,200.00. Respectfully submitted, A. A. RHOMERG, City Manager st, 1945 Special Session, December 2 December 17, 1945. and City Counc Honorable IVlayo.r Dubuque, Iowa. Gentlemen Session, December 21st, 1945 This Ordinance, Ordinance No. 26 -45, was not officially published on account of the provisions of Section Seven not being complied with, if and when the provisions of Section Seven of this Ordinance are com- plied with then the Ordinance will be published officially. J. J. SHEA, City Clerk. C 0 u n c 11 Proceedings for the month of September, 1945, pre- sented for approval. Councilman Moffatt moved that the Council Proceedings for the month of September, 1945, be ap- proved as printed. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duel. man, Wharton. Nays-None. Proof of publication, certified to by the publishers, of a statement of receipts and also a list of claims for which warrants were drawn dur- ing the month of November, 1945, presented and read. Special thereon have filed with this Council their consent to the construction and operation of such track and waivers and releases of any dam- ages which may be sustained by them on account of the construction and operation of the same. Passed upon first reading this 10th day of December, 1945. Passed, adopted and approved on final reading this 21st day of De- cemebr, 1945. F. W. THOMPSON, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen. J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the ordinance. Sec- onded by Councilan Wharton. Car- ried by the following vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duel. man, Wharton. Nays-None. 278 Attest Councilman Wharton moved that the proof of publication be received and filed. Seconded by Councilman Murphy. Carried by the follOWing vote Yeas-Mayor Thompson, Counc men Moffatt, Murphy, Van Duelman, Wharton. Nays-None. ACCEPTANCE BY CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY. C. M. St. P. and P. R.R. Co. does hereby accept all the terms, pro- visions and conditions of the Ordi- nance adopted by the City Council or the City of Dubuque, Iowa, entitled: Councilman Wharton moved that the report of City Solicitor Kint- zinger be made a matter of record. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duelman, Wharton. Nays-None. December 21, 1945. To the Honorable and City Council, Dubu Mayor que, November 19, 1945. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I herewith submit the reports of the City Auditor, City Treasurer, City Waterworks, and City Health Department, also a list of claims and list of payrolls for which warrants were drawn during the month of October, 1945. Respectfully submitted, A. A. RHOMBERG, City Manager "An Ordinance granting to C. M. St. P. and P. R.R. Co., its success- ors and assigns, the right to con- struct and maintain a spur track across Farley Street from Lot 50 in McCraney's 2nd Addition to the City of Dubuque, on the south side of Farley Street to Lot 7 of Jaeger's Subdivision in the City of Dubuque to the North side of Farley Street connecting with its track on each side of said street, and providing the terms and con- ditions thereof." Attest Iowa. Gentlemen: The City Council has recognized the need of providing for the future extension of North Grandview Avenue northerly to West Locust and Seminary Streets by way of Audubon Street, as shown on the Master Plan of the City. Ac- cordingly, I was instructed to nego- tiate for the purchase of SOUle of the property. An understanding has f I Councilman Murphy moved that the reports be received and placed on file. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duelman, Wharton. Nays-None. being Ordinance No. 26--45, and that said railroad company does hereby agree to comply with all the terms and conditions of said Ordi- nance. CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY. By II ! "ci{.,,'"" Passed, adopted and approved this 21st day of December, 19.15. F. W. THOMPSON, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Murphy moved the adoption of the resolution. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duelman, Wharton. Nays-None. There being no further business, Councilman Murphy moved to ad- journ. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duelman, Wharton. Nays-None. 281 1945 Special Session, December 21st, the the licenses are to be issued upon compliance with the terms of ordinances of this City. CLASS PERMIT. Name. Address. Charles T. Snyder and Elsie Sny~ del', 543 Eighth Avenue. Albert M. Meyer (Transfer of ad- dress from 130 Eighth Avenue), 779 Iowa Street. "B' CLASS "c" PERMIT. Robert Lewis and Ruth Lewis, 2831 Central Avenue. Passed, adopted and approved this 21st day of December, 1945. F. W. THOMPSON, Mayor. FRANK VAN DUEL MAN, ALBERT WHARTON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen. J. J. SHEA, City Clerk. Passed, adopted and approved this 21st day of December, 1945. F. W. THOMPSON, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Moffatt moved the adoption of the resolution. Sec- onded by Councilman Wharton. Car- ried by the following vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duelman, Wharton. Nays-None. Session, December 21st, 1945 Councilman Wharton moved the adoption of the resolution. Seconded by Councilman Moffatt. Carried by the following vote: Special 280 Yeas-Mayor Thompson, Counci men Moffatt, Murphy, Van Duelman, Wharton. Nays-None. ex. line I: J. J. SHEA, City Clerk. 1946. Approved. Councilman Moffatt moved the adoption of the resolution. Sec- onded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duelman, Wharton. Nays-None. Attest Resolution No. 138--45 Be It Resolved by the City Coun- cil of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City, and the Manager is directed to issue such permit on behalf of said City. .L.L~E>LU::;~ And, Whereas, before the Zoning Map and the Zoning Ordinance of the City may be changed it is neces- sary that a public hearing be held; 1946. Adopted Councilmen City Clerk. Attest Resolution No. 140-45 Whereas, heretofore applications for Beer Permits were filed by the within named applicants and they have received the approval Q.f this Council; and Whereas, the premises to be oc- cupied by such applicants have been inspected and found to comply with the ordinances of this City and they have filed a proper bond; Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the Man- ager be and he is hereby directed to issue to the fOllOWing named ap~ plicants a Beer Permit. Attest Councilman Murphy moved the adoption of the resolution. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duelman, Wharton. Nays-None, CLASS "B" PERMIT. Name. Address. Charles T. Snyder and Elsie Sny- der, 543 Eighth Av~nue. CLASS "C" PERMIT. Robert Lewis and Ruth Lewis, 2831 Central AVenue. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Resolution No. 139--45 Whereas, applications for Beer Permits have been submitted to this Council for approval and the same have been examined; Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the follow- ing applications be granted and the Be It Resolved by the City Counci of the City of Dubuque That there should be a public hearing on the matter of extending the "Local Business District" at Stewart and Delhi Streets easterly to the easterly line of Lot 4 of Hughes Subdivision, maintaining the width of 100 feet from the street line of Delhi Street, chang- ing the classification of Lot 4 of Hughes Subdivision from "Multiple Residence District" classification to "Local Business District" classifica- tion; that the time and place for said Public Hearing be, and the same is hereby fixed for 7: 30 P. M. January 14, 1946, in the City Coun. ciI Chamber, City Hall, Dubuque, Iowa; that the City Clerk be, and he is hereby directed to cause to be published in the Telegraph- Herald in the City of Dubuque, No. tice of such hearing, the same to be so published so as to leave at least fifteen (15) days between the day of such publication and the day fixed for said hearing. Said notice shall contain the provision that pal'. ties in interest and citizens shaI have an opportunity to be heard. I Name. Address. Charles Snyder and Elsie Snyder (Effective January 1, 1946), 543 Eighth Avenue. Passed, adopted and approved this 21st day of December, 1945. F. W. THOMPSON, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, QEO. R. MURPHY, W. W. MOFFATT, Councilmen. J. J. SHEA, City Clerk. And, Whereas, the City Council deems it advisable to hold said pub- lic hearing. Now, Therefore, II "qq- ~~-'" ~iiit,'.f -i-;llmli!k~:--~ IIII~"\W-_'-., 283 Councilman Van Duelman moved the adoption of the ordinance. Sec- onded by Councilman Murphy. Car~ ried by the following vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duelman, Wharton. Nays-None. 1945 Special Session, December 28th, , I II I r " I I ,; II I; " i' I I !i i I I il i I, I: , II I CER TIFICA TION. State of Iowa, l County of Dubuque J 58. I, J. J. Shea, being first duly sworn on oath depose and say that I am the duly appointed and quali- fied Clerk of the City of Dubuque, Iowa; that as such Clerk I have in my possession and under my COll- tral all of the official records and proceedings of the City Council of said City; that Ordinance No. 27- 45 was passed, adopted and ap- proved by the City Council of said City on final reading on the 28th day of December, 1945, and that I hereby certify that the Ordinance attached hereto is a true, conect and compared copy of said Ordi- nance as the same appears of rec- ord in my office together with the Acceptance of Service duly en- dorsed thereon; that I further cer- tify that said Ordinance was duly published in the Telegraph-Herald, DUbuque, Iowa, on the 7th day of January, 1946. Subscribed and sworn to before me by the said J. J. Shea this 7th day of January, A. D, 1946. GERALDINE L. DEMKIER, Notary Public in and for Dubuque County, Iowa. Notice of Claim of Caroline M. Maedel in an unstated amount for injuries sustained in a fall on snow- covered sidewalk in front of garage entrance at 453 Eighth A venue, pre- sented and read. Councilman Wharton moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Council- man Moffatt. Carried by the follow- ing vote: Yeas~Mayor Thompson, Council- men Moffatt, Murphy, Van Duelman, Wharton. Nays~None. Notice of Claim of Mrs. Wm. Brosky in an unstated amount for injuries sustained in a fall on icy sidewalk on the south side of East to deliver the same to said Morri- son Brothers Company in exchange for a quit claim deed from said Company conveying to the City of Dubuque, Iowa, the following de- scribed property, to wit: Lot 2 of Lot 16, Lot 2 of Lot 1 of Lot 17, Lot 1 of Lot 1 of Lot 18, and Lot 1 of Lot 19, all in Block 17, in Dubuque Harbor Improvement Co.'s Addition to the City of Dubuque, Iowa. 1945 18, and Lot 1 of Lot 19 all in Block 17, Dubuque Harbor Improvement Co.'s Addition to the City of Du- buque, Iowa, and for the dedication of Lot 2 of River Front Subdivision No.1 in the City of Dubuque, Iowa as a public street and as a part of relocated Commercial Street in the City of Dubuque, Iowa. Special Session, December 28th, iI (Official Session, December 28th, Counc ity 282 C ,< , f Special 1945. CounCIl met at 7: 30 P. M. Present-1\Iayor Thompson, Coun- cilmen Moffatt, Murphy, Van Duel- man, \v-harton, City Manager Rhom- berg. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU. BUQUE, IOWA: J. J. SHEA. Paragraph 974 Section Three. That Lot 2 of River Front Subdi. vision No.1 City of Dubuque, Iowa be and the same is hereby dedi- cated as a public street and the same shall hereafter be a part of relocated Commercial Street in the City of Dubuque, Iowa. Paragraph 975 Section Four. That this Ordinance being deemed urgent and in the interest of public wel- fare shall be in force and effect im- mediately upon its final passage, adoption and approval by the City Council and publication as provided by law, and when same has been accepted by said Morrison Brothers Company, which acceptance shall be endorsed hereon. Passed upon first reading this 21st day of December, 1945. Passed, adopted and approved upon final reading this 28th day of December, 1945. F. W. THOMPSON, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen. Attest: J. J. SHEA, City Clerk. ACCEPTANCE OF ORDINANCE NO. 27.45 Morrison Brothers Company hav- ing knowledge of all the terms and conditions of Ordinance No. 27-45, does hereby accept said Ordinance as adopted by the City Council of the City of Dubuque, Iowa, on the 28th day of December 1945. Signed this 31 day of Dec. 1945. MORRISON BROTHERS COMPANY, By W. N. GLAB, President. Published officially in The Tele- graph-Herald newspaper this 7th day of January, 1946. J. J. SHEA, City Clerk. i Paragraph 972 Section One. the following tracts: (a) 10.14 feet wide strip of relocat- ed Commercial Street in the City of Dubuque, Iowa from the northerly line of Lot 7 extend- ed, in Block ~3 Dubuque Harbor Improvement Co.'s Addition, to a line bearing South Seventy. seven (77) degrees, Forty- three (43) minutes West and be- ing eighty (80) feet northerly along the westerly sidli of said relocated Commercial Street from the southerly corner of Lot 1 of Lot 19, Block 17 Du- buque Harbor Improvement Co.'s Addition to the City of Du- buque, Iowa. (b) That portion of an alley in Block 17, Dubuque Harbor Im- provement Co.'s Addition, Du- buque, Iowa lying between a line across said alley in exten- sion of the Westerly line of Lot 14 in said Block 17 and a line bearing South seventy-seven (77) degrees forty-three (43) minutes \Vest which intersects the northerly line of said alley at a point one hundred (100) feet westerly along the norther- ly, side of said alley from the southerly corner of Lot 1 of Lot 19 of said Block 17 Paragraph 973 Section Two. That the tracts vacated in Section One hereof be and the same are hereby granted and conveyed to Morrison HI10thers Company, an Iowa cor- poration with its principal place of business in the City of Dubuque, Iowa, its successors and assigns. The Mayor and City Clerk are here- by authorized to execute a quit claim deed of said property to said Morrison Brothers Company, its successors and assigns, in the name of the City of Dubuque, Iowa and That be and the same are hereby vacated. Meeting called by order of Coun- cilmen >'-Van Duelman and Wharton. Mayor Thompson read the cal and stated that service thereof had been duly made and that this meet- ing is called for the purpose of con- sidering for final adoption Ordi- nance No. 27-45, and acting on any other business as may properly come before a regular meeting of the City CounciL Ordinance No. 27-45. An Ordi- nance for the vacation of a part o,f relocated Commercial Street and a part of the alley in Block 17 of Du- buque Harbor Improvement Co.'s Addition, all in the City of Dubuque, Iowa, and for the conveyance of said vacated areas to Morrison Brothers Company in exchange for Lot 2 of Lot 16, Lot 2 of Lot 1 of Lot 17, Lot 1 of Lot 1 of Lot 18, and Lot 1 of Lot 19, all in Block 17, Dubuque Harbor Improvement Oo.'s Addition to the City of Du- buque, Iowa, and for the dedication of Lot 2 of River Front Subdivision No.1 in the City of Dubuque, Iowa, as a pUblic street and as a part of relocated Commercial Street in the City of Dubuque, Iowa, said ordi- nance having been passed upon first reading on December 21, 1945, and ordered placed on file with the City Clerk for public inspection for at least one week before it.s final adoption, was presented and read on final adoption. ORDINANCE N. 27-45 An ordinance for the vacation of a part of relocated Commercial Street and a part of the alley in Block 17 of Dubuque Harbor Im- provement Co.'s Addition all in the City of Dubuque, Iowa and for the conveyance of said vacated areas to Morrison Brothers Company in ex- change for Lot 2 of Lot 16, Lot 2 of Lot 1 of Lot 17, Lot 1 of Lot 1 of Lot . i: I' 1" ,[ J I ,""",L' ,l' ~" f'~""I",N,l"""'W 285 1945 Session, December 28th sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City. Name. Address. George Arvanitis (Effective Jan. 1, 1946), 1958 Central Avenue. Passed, adopted and approved this 28th day of December, 1945. F. W. THOMPSON, Mayor. FRANK VAN DUEL:\iIAN, ALBERT WHARTON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen. Attest: J, J. SHEA, City Clerk. Councilman Moffatt moved the adoption of the resolution. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duelman, Wharton. Nays-None. There being no further business, Councilman Murphy moved to ad. journ. Seconded by Councilman Moffatt. Carried by the following vote: Yeas~Mayor Thompson, Council- men Moffatt, Murphy, Van Duelman, .Wharton. Nays-None. Special 1945 EXCAVATION. Huff Lumber Company, 61 .West 32nd Street; Bond No. 238100, West. ern Surety Company. Special Session, December 28th, 19th Street between Jackson Street and the alley to the west, presented and read. 284 Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Wharton moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Council- man Murphy. Carried by the follow- ing vote Councilman Van Duelman moved that the bond be approved and placed on file. Seconded by Council- man Murphy. Carried by the follow- ing vote: Yeas~Mayor Thompson, Counci men Moffatt, Murphy, Van Duelman, Wharton. Nays-None. December 22, 1945. In re: Application of Anna Heim. Honorable Mayor and City Connci: Dubuque, Iowa. Yeas-Mayor Thompson, Counci. men Moffatt, Murphy, Van Duelman, Wharton. Nays-None. Petition of Mrs. Laura Amodeo requesting a refund in the amount of $50.00 on cigarette permit No. 13 as she has discontinued business on December 10, 1945, presented and read. Gentlemen: With reference to the petition of Anna Heim, offering to pay $100.00 in compromise of de- linquent assessments for lights and paving in the amount of $183.06, I find from examination that on Jan- uary 8, 1940, one Mae Krayer pur- chased said property at tax sale for the amount of the regular tax, that should she take a tax deed the spe- cial assessments could not be collected. Councilman Van Duelman moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $50.00 in favor of Mrs. Laura Amodeo to cover the amount of refund granted on the unexpired portion of cigar- ette permit No. 13. Seconded by Councilman Moffatt. Carried by the following vote Yeas-Mayor Thompson, Counci. men Moffatt, Murphy, Van Duelman, Wharton. Nays-None. J. J. SHEA, City Clerk. 1946. Approved. I, therefore, recommend that the application of Anna Heim be ap- proved and that upon payment to the City of $100.00. the special as. sessments as listed in her applica- tion be cancelled. Yours truly, JOHN J. KINTZINGER, City Solicitor. Petition of Charles Petrakis re- questing a refund in the amount of $50.00 on Cigarette Permit No.4 as he has discontinued business on De- cember 28, 1945, presented and read. 1946. r I ~ I. I l Adopted Councilmen Councilman Murphy moved that the recommendation of City Solic- itor Kintzinger be approved and the City Auditor instructed to draw a warrant in the amount of $273.07 on the Consolidated Fund to cover the deficiency in the special assess- ment funds. Seconded by Council- man Van Duelman. Carried by the following vote Councilman Van Duelman moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $50.00 in favor of Charles Petrakis to cover the amount of refund granted on the unexpired portion of cigarette per- mit No.4. Seconded by Councilman Moffatt. Carried by the following vote: City Clerk. Attest Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duelman, Wharton. Nays-None. Yeas-Mayor Thompson, Counci men Moffatt, Murphy, Van Duelman, Wharton. Nays-None. Resolution No. 141-45 Be It Resoved by the City Coun. cil of the City of Dubuque that the following, haVing complied with the provisions of law relating to the December 28, 19<15. To the Honorable Mayor and City Council, Dubuque. Iowa. Gentlemen: This is to advise that I have approved the following bond and desire to have your approval on same for filing II _!""f.. I" "IIl!'JI~'''~~'J:~ 1 ~ii,F'rj" ~.'. .,,,1'.,' :~ '#