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1939 August Council Proceedings214 Special Session, July 20th, 1939. of this Board by the service of a writ- ten notice together with a copy of this resolution. Failure to comply with the terms hereof within the time stated shall be followed by prosecution or such .other action as the Council or Board of Health may determine. Dated this 20th day of July, 1939, GEO. R. MURPHY, Mayor. Attest: J. J. SHEA, Clerk. You are further notified that prosecu- tionwill follow a failure to comply with this order and notice, or such further action will be taken as to the Council or Board of Health may seem proper. Signed ALBERT J. ENTRINGER, Health Officer, Mr. Frank Van Duelman moved the adoption of the resolution. Seconded by Mr. Carl A. Clark. Carried by the following vote: Yeas~Chairman Geo. R. Murphy, Messrs. Carl A, Clark, F, W. Thompson, Frank Van Duelman, Albert Wharton. Nays-None. Special Order and Notice From Board of Health To Seippel Lumber Company, S S, Lo- cust Street, (property 2510 Roosevelt St.) You are hereby notified that on the 20th day of July, 1939, the Local Board of Health for the City of Dubuque adopted a resolution ordering you to abandon and remove the outside water closet, privy or privy vault located upon the premises described therein and to clean the same; also to connect said premises with the sanitary sewer and install sanitary toilet and toilet facilities and connect the same with said sewer, all of which to be done within Thirty (30) days from the date of said resolution, a copy of which is herein set out and is as follows: Resolution No. 130-39 Resolution of the Board of Health Be It Resolved by the Board of Health of the City of Dubuque, Iowa, that it is deemed necessary that I,ot 2 of 7 of Peil's Sub., 2510 Roosevelt Street, owned by Seippel Lumber Com- pany (2510 Roosevelt Street) be con- nected with sanitary sewer; that the outside water closet, privy or privy vault upon said premises be abandoned and removed and said vault cleaned and that a sanitary toilet and toilet facilities be installed and connections made with the sanitary sewer, Be It Further Resolved, That said Seippel Lumber Company be notified to remove and abandon the outside water closet, privy or privy vault located upon the premises above described attd to clean said vault; that said property be connected with the sanitary sewer and that sanitary toilet and toilet facili- ties be installed and connections made with said sewer, all of which to be done within Thirty (30) days from the date hereof, Be It Further Resolved, That said Seippel Lumber Company be notified of the action of this Board by the service of a written notice together with a copy of this resolution. Failure to comply with the terms hereof within the time stated shall be followed by prosecution nr such other action as the Council or Board of Health may determine, Dated this 20th day of July, 1939. GEO. R. MURPHY, Mayor. Attest: J. J. SHEA, Clerk. You are further notified that prosecu- tion will follow a failure to comply with this order and notice, or such further action will be taken as to the Council or Board of Health may seem proper. Signed ALBERT J, ENTRINGER, Health Officer, Mr. Frank Van Duelman moved the adoption of the resolution. Seconded by Mr, F. W. Thompson. Carried by the following vote: Yeas-Chairman Geo. R. Murphy, Messrs. Carl A. Clark, F. W. Thompson, Frank Van Duelman, Albert Wharton. Nays-None. There being no further business Mr, Frank Van Duelman moved to adjourn. Seconded by Mr. Albert Wharton. Car- ried by the following vote: Yeas- Chairman Geo. R. Murphy, Messrs. Carl A, Clark, F, W, Thompson, Frank Van Duelman, Albert Wharton. Nays -None. J• J• SHEA, Clerk, Board of Health. Approved -------------------- 1939. Adopted --------------------- 1939. r_______________________ ----------------------- Members of Board of ----------------------- Health 1----------------------- Attest: Clerk, Board of Health, Regular Session, August 7th, 1939. City Council (Official.) Regular Session, August 7, 1939, Council met at 8:30 P. M. Present-Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton, City Manager Rhomberg. Mayor Murphy stated trot 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, Proof of publication, certified to by the publishers, of the notice of a public hearing upon the Budget Estimate of Expenditures for the fiscal year begin- ning April 1st, 1940, and ending March 31st, 1941, as a basis for the tax levy for the year 1939, the same to be col- lected in the year 1940, presented and read. Councilman Clark moved that the proof of publication be received and filed. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton, Nays-None. No written objections were filed, and no objectors were present in the Coun- cil Chamber, to the Budget Estimate of Expenditures for the fiscal year begin- ning April 1st, 1940, and ending March 31st, 1941. 215 11;i. !~ i'~ ri~a~~'t G', lll.,,, I,I, ~. ~;~~, 216 Regular Session, August 7th, 1939, BUDGET ESTIMATE AND RECORD OF FILING CITY ESTIMATE NOTICE-The City Council of City of Dubuque of Dubuque County, Iowa, will meet August 7th, 1939, at 7:30 P. M., at the Council Chamber in the City Hall. Taxpayers will be heard for or against the following estimate of expenditures at that time. J. J. SHEA, 7-11-1t City Clerk. 1 2 3 4 S 6 7 m 0 N ~'~ C ~ q .~' 0 '~ w ' " `~ w b A NCB G ~ ~ ~ ~~ u ~~, ~ a~x ~v~,o ~ o K qNV~ ~WE~ °O v a, a~ ~ ~ ~ a• o ~~ ~,~ ~ ~~ cd~ • w ~w C • .r a +, N C F 0 0 5, ~ k 00, a M K Op, w WWW~ qx~~ Wv~00 C WHOL-~ dZE~W WTI.- Wf~~ General _____ $216;003 $ 4,448 $ ___ __ $ 47,000) $ _____ $238,341 $ 261,306 Improvement 14,000 1,102 ___ __ _______) ______ S,S84 3,840 Grading _____ 10,000 773 ___ __ _______) 234,375 4,676 7,845 Sewer _______ 2,000 1,025 ___ __ _______) ____-- 846 1,830 Water ------- ------ - ----- --- -- -------) ------ ------ ---- Light _______ 39,372 5,420 ___ __ _______) ______ 45,510 49,761 Consolidated Tax _______ 281,375 47,000 234,375 294,957 324,582 Fire Equipment 12,550 9,748 _____ _______ 12,SS0 1,S9S 10,406 Fire Main- tenance ___ 116,600 5,781 _____ _______ 116,600 103,919 107,656 Firemen's Pension ___ 26,763 12,OS1 4,011 1,300 21,425 17,663 16,836 Street Cleaning & Garbage Disposal __ 34,734 249 _____ 18,000 16,734 3S,SS5 36,944 Library _____ 28,407 4S3 _____ 1,500 26,907 28,805 27;119 Waterworks__ 160,450 92,038 10,000 150,450 ______ 143,547 181,264 Park ________ 23,000 S36 1,434 650 20,916 22,930 22,702 Policemen's Pension ___ 14,735 8,647 214 1,000 13,521 11,128 11,309 Bond ________ 61,245) 19,472 _____ _______ 61,245 95,000 93,000 Bond Interest 24,096) _______ 24,096 47,512 47,414 Emergency __ 33,467 1,248 _____ _______ 33,467 13,625 31,524 Dock Bond & Interest ___ 35,810 10,069 _____ _______ 35,810 27,425 31,104 Main Sewer _ 16,734 740 _____ _______ 16,734 13,239 13,396 Dock Operating 18,960 3,490 _____ 2,260 16,700 15,283 38,140 Playground & Swim Pool_ 15,259 1,986 _____ 2,575 12,684 12,923 12,980 Snow Removal _ 5,656 323 _____ _______ 5,656 _____ ________ Totals _____$909,841 $179,599 $1S,6S9 $224,735 $669,447 $885,406 $1,006,376 Estimated Taxes per $1,000.00 of assessed value, $19,998, Adjusted Taxable Valuation (1938)______________________________$ 33,362.735 Moneys and Credits (1938) at 6 mills____________________________ 7,647,739 Moneys and Credits (1938) at 2 mills____________________________ 1SS,286 Regular Session~_ August 7th, 1939, 217 ' ~ ' ' Resolution No, 131-39 mills on the dollar of all taxable prop- ~ Whereas, The Council of the City of erty within the corporate limits of said City: ` ~ ~~,~,. Dubuque caused to be prepared and the published as provided b law 7.000 mills for Consolidated Tax as E;~, , , Budget Estimate of Expenditures for Provided for by Section 6217 of the Code of Iowa 1935 i, ~~• i ~~~'tli` the fiscal year 1940, and the hearing upon said Budget Estimate was fixed , . 0.720 mills for Bond Interest Fund. ~l' for the 7th day of August, 1939, at 1.830 mills for Bond Retirement Fund ~ i 4 ~+ 7:30 P. M., at the Council Chamber in 3.484 mills for Fire Maintenance j ' ~ ~ ~ the City Hall; and Fund. , d Whereas, This being the time and 0.375 mills for Fire $ quipment Fund. 4 o place set for said hearing, said Budget O.S00 mills for Garbage and Street k, Estimate was taken up for final consid- Cleaning Fund, ~ eration by the Council and all taxpay- 0.625 mills for Park Fund. p ~- ,:k , ers have been given an opportunity to 0.404 mills for Police Pension Fund, be heard for or against said Budget Es- 0.641 mills for Fire Pension Fund. ',;,: timate, 0.802 mills for Library Fund. 1 ' O.S00 mills for Main Sewer Fund. ~~''t It Is Therefore Resolved by the City 0.379 mills for Playground and Council of the City of Dubuque, Iowa: Swimming Pool Fund, " f ' 0.499 mills for Dock Fund ' ~'~ ! That the Budget Estimate of Expen- . 1.070 mills for Dock Bond and In- ~ 1 ditures for 1940 heretofore prepared terest Fund, ~ a( and published be and the same is here- 0.169 mills for Snow Removal Fund ~; ~4~ by finally approved and adopted and , 1.000 mills far Emergency Fund. ,,„y~ the Mayor and Clerk are directed to ; ;i certify the same to the County Auditor Be It Further Resolved, That 2.OS2 1 1 , ~ of Dubuque County, Iowa, together i mills on the dollar is hereby levied ~ ~" i '~~ w th the verified proof of publication upon all lots or parcels of land contain- ;e~ and the notice of hearing upon said ing ten acres or more which are occu- Vii; Budget Estimate, pied in good faith and used for agri- '~S. cultural or horticultural purposes, ~I,~~`„"~ Be It Further Resolved that the taxes required to be collected in the Be It Further Resolved, That all year 1940 be and the same are hereby property within the corporate limits of , levied in the various funds in the said City is hereby determined to re- I ! amounts shown in said Budget Esti_ ceive benefits from each of the said ~[ mate. tax levies, '; ~, '~~ Passed, adopted and approved this Be It Further Resolved, That the pp~ 7th day of August, 1939. Mayor and Clerk be and they are here- ~" N by directed to certify the sums of l l „~ GEO. R. MURPHY, Mayor. money that the said tax levies will pro- FRANK VAN DUELMAA', duce, as shown by the Budget Esti- 'j •; ALBERT WHARTON mate of Expenditures adopted by this ,' j , CARL A. CLARK, Council on the 7th day of August, • 1939, to the Auditor of Dubuque Coun- ~' ; ~ "` F. W, THOMPSON, ty on or before August 1Sth, 1939. ~ ` ll Councilmen, passed, adopted and approved this j. ,~ Attest: J. J. SHEA, City Clerk. 7th day of August, 1939. ~ ~I -,~:~; ~ Councilman Van Duelman moved GEO. R, MURPHY, Mayor. f~ ~ ,~,~, the adoptoin of the resolution. Second- FRANK VAN DUELMAN l l~''~ ~~' ed by Councilman Wharton. Carried , ALBERT WHARTON ,. I liy the following vote: Yeas-Mayor , ' Murphy, Councilmen Clark, Thomp- CARL A. CLARK ~ ' p son, Van Duelman, Wharton. Nays- F, W, THOMPSON ~"'I'-: None. , Councilmen. ~ ~~ Resolution No, 132-39 Attest: y 7. 7• SHEA Cit Clerk. i~ •~'~ J A resolution establishing the tax lev- Councilman Van Duelman moved ~i µ ies for the year 1939, the taxes to be the adoption of the resolution, Second- collected in the year 1940 and used for ed by Councilman Thompson, Carried , ; I Municipal purposes of the City of Du- by the following vote; Yeas-Mayor i buque. Murphy, Councilmen Clark, Thomp- Be It Resolved by the City Council son; Van Duelman, Wharton, Nays- None. u ? of the City of Dubuque that there be ~„~ and there is hereby levied the taxes Councilman Clark moved that the for Municipal purposes for the ensuing rules be suspended for the purpose of i'i44 year 1940 of the following number of allowing any one present in the Coun- I° 218 Regular Session, August 7th, 1939. cil Chamber, who wishes to do so, to address the Council. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Ivfayor Mur- phy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Petition of Western Grocery Com- pany et al, requesting that the proper authority be instructed to enforce all City ordinances with respect to ped- dling, presented and read, Messrs. Leo Addabbo and Morris Farber ad- dressed the Council requesting that the ordinance relative to peddling be en- forced as the allowing of truck loads of fruit and vegetables to be peddled direct to the stores creates unfair com- petition with the local established fruit merchants. Councilman Thompson moved that the petition be referred to the City Council and City Solicitor for further consideration. Seconded by Councilman Clark. Carried by the fol- lowing vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton, Nays-None. Petition of ladward Frudden et al, residents of Dodge Street, requesting and petitioning, in connection with the relocation of Highway 20, that the parkway and boulevard lights be re- tained on Dodge Street, presented and read. Mr. Walter Daykin addressed the Council requesting that the parkway and boulevard lights which have been as- sessed and paid for by the property owners on Dodge Street be allowed to reemain when said street is made a highway. Councilman Wharton moved that the petition be referred to the City Council. Seconded by Council- man Van Duelman, Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None, Communication of League of Iowa Municipalities urging the City of Du- buque to send delegates to the annual convention of the League to be held at Cedar Rapids on August 1S, 16 and 17, presented and read. Councilman Thompson moved that the communica- tion be received and filed. Seconded by Councilman Clark. Carried by the following vote: Yeas-Mayor Mur- phy, Councilmen Clark, Thompson, Van Duelman, Wharton, Nays-None. Communication of Iowa Children's Home Society, Des Moines, Iowa, ex- pressing their appreciation for permis- sion given for the holding of a tag day on July 29, presented and read. Coun- cilman Van Duelman moved that the communication be received and filed. Seconded by Councilman Clark. Car- ried by the following vote: Yeas- Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton, Nays-None. Communication of J. E. Kemler, call- ing the attention of the City Council to the condition of West Third Street near College Street stating that the overflow from the City ]Voter Tank on West Third Street has shot across and undermined and destroyed the gutter on the south side of the street and also calling the attention of the City Coun- cil to the cracks in the street where water may get in and damage the street, presented and read. Councilman Wharton moved that the communica- tion be referred to the City Manager for investigation and report. Seconded by Councilman Thompson, Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thomp- son, Van Duelman, Wharton. Nays- None. Communication of Mrs. George Kan- avas, advising Council that some time ago that a claim was filed with the City for her by a young Mr. Czizek, an Attorney, in the amount of $5,000.00 for injuries received by her on falling upon the sidewalk on $ast 17th Street on December 12, 1938, and stating that she did not consent or authorize the filing of this claim in this amount and really did not want to have an Attor- ney represent her and further stating that Mr, Czizek no longer represents her and now asking that she be allowed the amount of $442.80 to cover ex- penses for the injuries received by her in falling on said sidewalk on $ast 17th Street, presented and read. Council- man Clark moved to refer the com- munication to the City Solicitor for investigation and report. Seconded by Councilman Thompson, Carried by the following vote: Yeas-Mayor Mur- phy, Councilmen C(arlc, Thompson, Van Duelman, Wharton. Nays-None. Petition of Barney Ludescher, re- questing that the Alley in the rear of his property known as Lot 89 of Bel- mont Addition be placed in a all year around passable condition, presented and read. Councilman Clark moved that the petition be referred to the City Council to view the grounds, Second- ed by Councilman Van Duelman. Car- ried by the following vote: Yeas- Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Petition of Andrew Angelos, re- questing afree permit to sell pop-corn from a wagon, as he is unable to pay for said permit due to the loss of his house, the serious illness of his wife, and the care of six small children, pre- sented and read. Councilman Van Duelman moved that the request be granted and the City Manager in- structed to issue said free permit. Sec- onded by Councilman Clark. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Regular Session, August 7th, 1939. 219 Petition of Mrs. Catherine Weber, requesting that the penalties in the amount of $41.89 due on the special assessments levied against Lot 1 of Quigley's Sub. of Out Lot 711 for the paving of Pierce Street be waived as she is desirous of paying the delinquent special assessments, presented and read. City Manager Rhomberg rec- ommending that the request be grant- ed. Councilman Wharton moved that the recommendation of City Manager Rhomberg be approved and that the County Treasurer be instructed to ac- cept the amount of $134.72 as payment of the delinquent •special assessments levied against Lot 1 of Quigley's Sub. of Out Lot 711 for the paving of Pierce Street, Mrs. Catherine Weber, owner, and that the penalties in the amount of $41.89 be waived. Seconded by Councilman Clark, Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None, Petition of Margaret Nagle, $xecu- trix of the Rstate of J. J Nagle, re- questing that the City Treasurer be authorized to make refunds of penalties and interest on special assessments as set out on the attached list, presented and read. Councilman Clark moved to refer the petition to the City Manager and City Treasurer for investigation and report. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton. Nays-None. Petition of Margaret Nagle, Execu- trix, requesting the cancellation of the special assessment, or at ]east a com- promise of the special assessment, lev- ied against the Westerly 116 feet of Lot 2 of Lot 703 for the construction of ai sewer in Wilbur Street, presented and read. Councilman Clark moved to re- fer the peetition to the City Manager and City Treasurer for investigation and report. Seconded by Councilman Thompson, Carried by the following vote: Yeas-Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton, Nays-None. Petition of Dubuque Musicians' Pro- tective Association, requesting permis- sion to stretch a banner across Main Street between 6th auud 7th Streets for the purpose of advertising their annual ball and also requesting permission to appear on the various street corners fn the business district on Saturday night, August 19, for the purpose of advertis- ing said ball, presented and read. Coun- cilman Van Duelman moved that the requests be granted. Seconded by Coun- cilman Thompson. Carried b'y the fol- lowing vote: Yeas-&fayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None, Return of service, subscribed and sworn to by H, H. Howie, Building Commissioner, of notice of condemna- tion proceedings on Adam Berntgen notifying him to appear before the City Council and show cause why the build- ings located on the south one-half of Lot 11S and the north thirty-two feet and ten inches of Lot 116 of $ast Du- buque Addition should not be declared a nuisance and abated, presented and read. Councilman Clark moved that the return of service be received and filed. Seconded by Councilman Thomp- son. Carried by the fallowing vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None, Condemnation Resolution Na, 133-39 Whereas, Under appropriate proceed- ings heretofore taken by this Council, certain buildings located upon the south one-half of Lot 11S and the north thir- ty-two feet and ten inches of I.ot 116, $ast Dubuque Addition, in the City of Dubuque and owned by Adam Bernt- gen were declared to be dangerous, due to dilapidation, lack of repair and other causes, and the owners thereof were given an opportunity to be heard and show cause why such buildings should not be declared a nuisance and ordered abated; Now, Therefore, Be It Resolved by the Council of the City of Dubuque, after full and fair consideration, that the buildings above described be and the same are hereby declared to be a nuisance and are or- dered abated and taken down on or be- fore the 1st day of October, 1939. Be It Further Resolved, That the Building Commissioner be and he is hereby directed to serve upon said Adam Berntgen a written notice re- quiring him to abate said nuisance and take the same down on or before the 1st day of October, 1939. Be It Further Resolved, That should said owner fail to demolish or abate said nuisance within the time herein provided for, or in case of dispute aris- ing on account of said notice and order, this Council should confirm this order, then and in such event, said building shall be demolished and taken down and the nuisance caused thereby shall be abated by and under the directions of the Chief of the Fire Department and all costs thereof shall be assessed against the real estate above described. Passed, adopted and approved this 7th day of August, 1939. FRANK VAN DU$I,MAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J, J, SHEA, City Clerk, ', is :, P,~, ~ c j. I" 'uq gar Y ~i I, i`.~.f; ;;,, ,` llo ~~, is U hu ix~ ~ x M ,i i .I llf ~i~~ ~i, IRh' ~,1, I i i'piri~ ;?I r,'tj..P tl'llllfl I;Co',,~ ~~ ~, ~~ :k ~~ ~ ~'sfi i a 220 Regular Session, August 7th, 1939. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Clark. Carried by the following vote: Yeas-Mayor l~lur- phy, Councilmen Clarlc, Thompson, Van Duelman, Wharton. Nays-None. Returns of service, subscribed and sworn to by H. H. Howie, Building Commissioner, of notices of condemna- tion proceedings on Wilbert Farley, Lillian Ternes, Rose McLaughlin, Ethel Ferring, Elrene Meng, Thomas Farley, John Farley, Mary Howard notifying them to appear before the City Council at a meeting to be held July S, 1939, and show cause why the buildings located on the south one-half of Lot 11S and the north thirty-two feet ten inches of Lot 116 of East Du- buque Addition should not be declared a nuisance and abated, action. having been deferred at the meeting of July S, 1939, on the above mentioned returns of service until an opinion could be se- cured from City Solicitor Nelson as to whether the mortgage holder on the above described property should be notified of the pending condemnation proceedings, presented and read. Coun- cilman Clark moved that the returns of service be received attd filed. Sec- onded by Councilman Van Duelman. Carried by the fallowing vote: Yeas- Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Resolution No. 134.39 Whereas, Under appropriate proceed- ings heretofore taken by this Council, a certain structure located upon Lots 11S and 116 of Last Dubuque Addition to the City of Dubuque, Iowa, owned by Thomas Farley, Wilbert Farley, Lil- lian Ternes, John Farley, Mary How- ard, Ethel Ferring, Rose McLaughlin and Elreue Meng, has been declared to be dangerous, due to dilapidation, lack of repair, and other causes, and the owner thereof was given an opportuni- ty to be heard and to show cause ~vhy said building should not be declared to he a nuisance and ordered abated; Now, Therefore, Be It Resolved by the City Council of the City of Dubuque, After full and fair consideration, that the building above described be, and the same is hereby declared to be a nuisance and it is ordered abated and taken down on or before the 1st day of October, 1939. Be It Further Resolved, That the Building Commissioner be, and he is hereby directed to serve upon the said Thomas Farley, Wilbert Farley, Lillian Ternes, John Farley, Mary Howard, Ethel Ferring, Rose McLaughlin and Elrene Meng a written notice requir- ing them to abate said nuisance and to take down and demolish said building on or before the 1st day of October, 1939, attaching to said notice copy of this resolution. Be It Further Resolved, That should said owner fail to demolish or abate said nuisance within the time herein provided, then and in that event said building shall be demolished and tak- en down and the nuisance caused thereby shall be abated by and under the directions of the Chief of the Fire Department of the City of Dubuque, and all costs thereof and expehses in- cident thereto shall be assessed against the above described real estate. Passed, adopted and approved this 7th day of August, 1939. GEO. R, MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F, W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Clark. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None, Council Proceedings for the month of May, 1939, presented for approval. Councilman Clark moved that the Council Proceedings for the month of May, 1939, be approved as printed. Seconded by Councilman Thompson. Carried by the following vote: Yeas- Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Proof of publication, certified to by the publishers, of a statement of re- ceipts and also a list of claims for which warrants were drawn during the month of June, 1939, presented and read. Councilman Clark moved that the proof of publication be received and filed, Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Murphy, Council- men Clark„ Thompson, Van Duelman, Wharton. Nays-None, July 28, 1939. Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen:- On July 20, 1939, there was referred to me by the City Council a communi- cation of Seubert and Fessler Plumbing and Heating Contractors, enclosing statement of the International Harvest- er Company to one A. J. Huss, cover- Regular Session, ing repair to the front axle and spring of the truck of Mr, Huss, alleged to have been damaged ott July 7, 1939, in crossing an excavated ditch in front of 64S Kane Street, in the City of Du- buque, which excavation was made by the firm of Seubert and Fessler in malt- ing plumbing connections to the ad- joining property, and which ditch was filled in on July 6th, and probably part- ly washed out in a storm in the early morning of July 7th at or about the time Mr, Huss drove across this ditch. The communication asked that the mat- ter be taken up with the bonding com- pany for payment of the claim. I find upon investigation that Ordi- nance No. 171 adopted February 1, 1926, aitd particularly Section 3 of said Ordinance, provides that as a condi- tion precedent to the granting of any permits for excavations in streets, or other public places by any person, firm or corporation, there shall first be filed with the City Clerk and approved by the City Council bond executed by a surety company in the sum of $5,000, "the condition of which shall be to hold the City harmless from any and all damages to persons or property that may occur by reason of any negligence in the manner of making such excava- tion or maintaining the same," ... . I further find that there is on file with the City of Dubuque the bond of Seubert and Fessler as principals, and the Commercial Casualty Insurance Company of Newarlc, New Jersey, as surety, in the sum of $5,000, which said bond is filed in accordance with the provisions of Ordinance No. 171 above quoted, which said bond provides that the principals, "Seubert and Fessler" shall protect any excavation, "so as to assure and protect life, limb, aitd prop- erty, and shall indemnify and save harmless the City of Dubuque, Iowa, from all accidents and damages conse- quent thereupon for or by reason of any opening itt any streets, lanes, ave- nues, or other public grounds, or pri-, vote property, made by them or those in their employment," , ..and that he will also place or restore the street planking or pavement, or the roadway, m whatever manner constructed, over such opening, to as good a state and condition as he found it, and keep and maintain the same in good order, to the satisfaction of the City of Dubuque, Iowa, for the period of one month next thereafter." Under the provisions of this bond there is a duty on the part of the plumbing contractor to put the street back in the same condition as it was prior to the time of the plumbing work, and to protect any excavation for a period of one month, The City is fully protected under this bond for any liability on account 7th, 1939, 221 of the condition of this excavated ditch, and it is recommended that the state- ment be returned to the firm of Seu- bert and Fessler with suggestion that the matter be referred directly to the bonding company and appropriate ac- tion be taken by that company prior to the filing of a claim or institution of a suit by Mr. Huss. Respectfully submitted, AL. J. NELSON, per $. Burdt. City Solicitor. Councilman Clark moved that the recommendation of City Solicitor Nel- son be approved. Seconded by Coun- cilman Thompson. Carried by the fol- lowing vote; Yeas-Mayor Murphy, Councilmen Clarlc, Thompson, Van Duelman, Wharton. Nays-None. July 28, 1939. Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen:- On July 22 there was referred to this office for attention the claim of A. J. Huss, in which he alleges damages to his car in the sum of $8.94, said claim being filed on July 13, which damages occurred on July 7. I have made investigation of this claim and find there is no liability on the part of the City of Dubuque, which information is fully detailed in an ac- companying letter to the City Council. I am returning claim and invoice for repairs iu the sum of $8.94. Yours very truly, AL. J. NELSON, per )•, Burdt. City Solicitor. Councilman Wharton moved that the report of City Solicitor Nelson be re- ceived and made a matter of record, Seconded by Councilman Clark. Car- ried by the following vote: Yeas- Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. August 7, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen:- The Planning and Zoning Commis- sion recommends to your Honorable Body that petition of Mrs, Dose Nor- ris requesting rezoning of Lot at 637 Dodge Street to local business classi- fication be denied, This case involves the infraction of present building ordinances, and a de- sire on the part of the petitioner to make illegal acts legal through a change in the ordinance. In addition comes the obnoxious suggestion to re- ~i~~~ ;; r' i bl ; ~ :`~ f,'a"' ' ~ ~1v~ ~` z i ~. r, °~ ~,, i ~. ~1r 222 Regular Session, August 7th, 1939, zone a single piece of property which is contrary to zoning principles and opposed by the Planning and Zoning Commission as a matter of policy. Here again, the interests of other prop- erty owners, as well as the future de- velopment of the Master Plan are ig- nored. Respectfully submitted, R. V. McKay, Secretary. (H, H. H.) Dubuque Planning and Zoning Commission, Counciltan Van Dvelman moved that the recommendation of the Plan- ning and Zoning Commission be ap- proved. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton, Nays-None, August 7, 1939, To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen:- With reference to attached petition of W. M, Kretschmer requesting re- zoning of I,ot known as No. 1203 Rhomberg Avenue the Planning and Zoning Commission respectfully rec- ommends that the petition be dented. This case involves the rezoning of a single piece of property which is con- trary to all rules of zoning and de- clared illegal by Supreme Court of Pennsylvania. If a more general de- mand existed for change of classifica- ', tion in this area, the Commission might be sympathetic, However: the adjoining properties are chiefly restden- tial and unless the signatures of a ma- jority of property owners in the affect- ed area are attached to petition the Commission feels that no change should be made, Respectfully submitted, R. V, McKay, Secretary. (H. H. H.) Dubuque Planning and Zoning Commission, Councilman Van Dvelman moved that the recommendation of the Plan- ning and Zoning Commission be ap- proved. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Murphy, Council- men Clark, Thompson, Van Duelman. Nays-Councilman Wharton. August 7, 1939, To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen:- The attached letter of Mrs. R. A. French requesting rezoning of property located at 27S North Grandview was considered by the Planning and Zon- ing Comtission on August S, 1939, and since the rezoning of any single piece of property is contrary to all the rules of zontng, the Planntng and Zoning Commission recommends to your Hon- orable Body that the petition be denied. If there is a general demand for re- zoning property in this section, then a petition from the majority of interested property owners in the affected area should start any such movement. Respectfully submitted, R. V. McI{ay, Secretary. (H. H. H.) Dubuque Planning and Zoning Commission. Councilman Clark moved that the recommendation of the Planning and Zoning Commission be approved. Sec- onded by Councilman Wharton. Car- ried by the following vote: Yeas- Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. August 7, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen:- Regarding the second petition of Mrs. R .A. French requesting rezoning of the 1900 blocle on Delhi Street to Multiple Dwelling classification the Planning and Zoning Commission rec- ommends that the petition be denied. Here again the Planning and Zoning Commission feels that a demand for such an extensive change should come from a majority of the property own- ers ~a=hose interests are involved. The Commission can see the possible future need for extension of the Mul- tiple Residence area in the vicinity of the University of Dubuque, but as stat- ed feels that a more general interest should assert itself before the City is called upon to alter existing laws. Respectfully submitted, R. V. McKay, Secretary, (H. H. H.) Dubuque Planning and Zoning Commission, Councilman Clark moved that the recommendation of the Planning and Zoning Commission be approved. Sec- onded by Councilman Wharton. Car- ried by the following vote: Yeas- Mayor Ztlurphy, Councilmen Clark, Thompson, Van Dvelman, Wharton. Nays-None. August 7, 1939, To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen;- At the session of the City Council held July 5, 1939, the petition of Mrs. I,ouis,Welter et al requesting that the smoke nuisance and the noise of blow- Regular Session, August 7th, 1939. ing flues caused by the Iowa. Dairy be abated was referred to the City Man- ager and Chief of Police for investiga- tion and report. We have investigated the case attd conferred with the officials of the Iowa Dairy, They have cooperated and have taken steps to eliminate the trou- ble. Respectfully submitted, A. A. RHOMB$RG, City Manager, JOS. H. STRUB, Chief of Police. Councilman Van Duelman moved that the report of City Manager Rhom- berg attd Chief of Police Strub be re- ceived and made a matter of record. Seconded by Councilman Wharton. Carried by the following vote: Yeas- Mayor Murphy, Councilmen Clarl<, Thompson, Van Duelman, Wharton. Nays-None. August 4, 1939, To the Honorable Mayor attd City Council, Dubuque, Iowa. Gentlemen:- This is to advise that I have ap- proved the following bands and desire to have your approval on same for fil- ing: Personal Louis F. Fautsch, Police Judge. $sther $. Fritschel, Stenographer, Water Works. George Bennett, City Assessor. Excavation Philip Breithaupt, 2120 Washington Street. Respectfully submitted, A. A. RHOMB$RG, City Manager Councilman Clark moved that the bonds be approved and placed on file, Seconded by Councilman Thompson. Carried by the fallowing vote: Yeas- Mayor' Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton, Nays-None. August 7, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen:- At the session of the City Council held July 20, 1939, the petition of J. F, Stampfer Co. requesting permission to erect a 30-foot truss, extending across the alley from the petitioner's building to the Grand Opera Theatre was re- ferred to the City Manager and Build- ing Commissioner for a report. We have examined the situation to- gether with the proposed plan and rec- omtnettd that the petition be granted 223 and that an ordinance be prepared granting the right to erect the truss, making the maintenance of the truss and all wall fastenings the obligation of the petitioner, the J. F, Stampfer Co. to pay the publication costs. Respectfully submitted, A. A. RHOMBERG, City Manager. H. H. HOWII;, Building Commissioner. Councilman Clark moved that the recommendation of City Manager Rhomberg and Building Commissioner Howie be approved and that the City Solicitor be instructed to prepare a proper ordinance. Seconded by Coun- cilman Thompson. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. August 7, 1939, To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen:•- At the session of the City Council held July S, 1939, the petition of $dwin C. Kuehnle requesting a refund of the interest and penalties due of sewer assessments for I,ot 2S of Sisters' Ad- dition was referred to me far investi- gation and report, I have examined the records and find the sewer assessment record on I,ot 25 of Sisters' Addition as follows: Principal _x_____________$217.20 Interest ________________ 32,55 Penalties to 8/31/39______ 39.96 Advertising Costs _______ .90 ' $290,61 I recommend that a warrant in the amount of the penalties or $39.96 be ordered drawn on the Special Bonded Fund and made payable to the County Treasurer, providing Mr. Kuehnle pays the balance due on or before August 31, 1939. Respectfully submitted, A, A. RHOMB$RG, City Manager. Councilman Van Duelman moved that the recommendation of City Man- ager Rhomberg be approved and that a warrant in the amount of the penal- ties or $39.96 be ordered drawn on the Special Banded Fund made payable to the County Treasurer, as recommended by the City Manager, and providing that Mr. Kuehnle pays the balance due on or before August 31, 1939, and the City Auditor to be instructed accordingly, Seconded by Councilman Wharton. Carried by the fallowing vote: Yeas -Mayor Murphy, Councilten Clark, Thompson, Van Dvelman, Wharton. Nays-None. gF l~ si ~e e. lk .11 'is_? .'~ il~ '~s,~ i ' ~i G III " 4 ~I,I 4 -i J =9 -a -a II _a 224 Regular Session, August 7th, 1939. August 7, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Geutlemen:- At the session of the Council of July 20, 1939, the petition of Charles Gau re- questing relief on the special asseess- ments levied against I,ot 1 of 2 of 1 of 7 of Peil's Sub. and against I,ot 1 of 1 of 7 of Pei]'s Sub. vvas referred to me for investigation and report. I find that I,ot 1 of 2 of 1 of 7, Peil's Sub., was sold to Dubuque County at tax sale on January 2, 1939, for $1,- 128.92 to which penalty of $45.16 and interest of $43.64 here since attached. The amount due on I,ot 1 of 1 of 7, Peil's Sub,, is as follows: Principal $180.11, interest $11.40, penalties $81.OS, and advertising costs of $1.50, a total of $274.06. This account is quite involved and the penalties are considerable. I rec- ommend that upon the petitioner pay- ing the original assessments with 5°fo straight interest from the date of levy to the date of redemption together with advertising and certificate costs, that a warrant be drawn ou the Special Bond- ed Fund payable to the County Treas- uPer for balance which represents the penalties. Respectfully submitted, A. A. RHOMBIaRG, City Manager. Councilman Clark moved that the recommendation of City Manager Rhomberg be approved and that upon Mr. Charles Gau paying the original assessments with 5°fo straight interest from the date of levy to the date of redemption together with the adver- tising costs and certificate cost that a warrant be drawn on the Special Bond- ed Fund payable to the County Treas- urer for the balance which represents the penalties and that the City Audi- tor be instructed accordingly. Second- eed by Councilman Van Duelman. Car- ried by the following vote: Yeas- Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. August 7, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen:- The five-year contract of the $. E. Frith Company for the collection and disposal of garbage and dead animals expires September 16, 1939. I recommend that City Council di- rect the Clerk to advertise for bids for a new contract including the following provisions: 1. Duration of contract to be five (5) years. 2. Payments by the City to be made twice each month, each payment to be 1-24 of the annual contract price. 3. Collections of garbage and de- cayed matter to be made as at present in two districts as follows: District No. 1-This district includes all the territory circumscribed by West 17th Street on the North, Jones Street on the South, Bluff Street on the West, and Central Avenue on the East, both sides of these streets included. In this district, collections `shall be made three times a week from June 1st to Novem- ber 1st and twice a week at other times. District No. 2-This district embraces all parts of the City within its present limits which are not included within District No. 1. Collections shall be made in District No. 2 twice a week from May 1st to November 1st and Duce a week at other times, 4. The contractor to be required, at his bid price, to collect all garbage and decayed matter and to remove dead ani- mals daily, Sundays and holidays in- cluded, within the entire limits of the City and to dispose of the same in a proper manner. S. Non-leakable and covered veh- icles to be required for all collections. 6. The successful bidder to furnish the City a surety hood at his expense in the sum of $5,000.00 conditioned upon the faithful performance, for the five-year period, of all conditions of the contract and in order to protect the City against all damages; this surety bond to be made a part of the contract. 7. Bids be advertised and received up to Tuesday, September S, 1939, at 11:00 A. M, and referred to the City Council at 7:30 P. M, on the same day. Respectfully submitted, A. A. RHOMB$RG, City Manager. Councilman Clark moved that the recommendation of City Manager Rhomberg be approved, Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Mur- phy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. August 7, 1939, To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen:- On May 22, 1939, the City Council adopted Resolution No. 84-39 request- ing the Federal Irmergency Adminis- tration of Public Works to supplement the $67,500.00 grant with additional funds in order to meet the increased costs of Project Iowa 1684-F of Im- provements to the Water Works Sys- tem. Regular Session; August 7th, 1939. 225 I am pleased to report that on Aug- ust 3 the attached telegram was re- ceived which revised the grant allot- ment from $67,500.00 to $74,978.00, an increase of $7,498.00. Very truly yours, A. A. RHOMBERG, City Manager. Councilman Clark moved that the communication of City Manager Rhomberg be made a matter of record. Seconded by Councilman Van Duel- man. Carried by the following vote: Yeas-Mayor iVfurphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Reesolution No. 127-39 Whereas, The City of Dubuque, pur- suant to an advertisement for bids on the furnishing of fire apparatus, did on the Sth day of July, 1939, at ten o'clock A. M. at the City Clerk's office in the City Hall, Dubuque, Iowa, receive bids for the furnishing of two triple combi- nation fire engine pumpers, which said bids were taken under advisement by the City Council; and Whereas, The proposals have been compared and examined and this Coun- cil has determined that the most favor- able proposal received was submitted by the Waterloo Construction Com- pany; Now, Therefore, Be It Resolved by the City Council of the City of Dubuque, Iowa, that the contract for the furnishing of two 1000-gallon triple combination fire en- gine pumpers in the amount of $18,- 900.00 be awarded to the Waterloo Con- struction Company, Waterloo, Iowa, and that the contract hereto attached is approved and made a part hereof aitd the Mayor and Clerk be and they are hereb}~ authorized and directed to exe- cute the same on behalf of the City of Dubuque. Be It Further Resolved that this res- olution being deemed urgent and of immediate necessity become effective from and after its final passage and adoption by the City Council. Approved and placed on file for one week on July 20, 1939. Passed, adopted and approved this 7th day of August, ]939. GIaO. R, MURPHY, Mayor. FRANK VAN DUI;LMAN, AI,B);RT WHARTON, CARI, A. CLARK, F. W, THOMPSON, Councilmen, Attest: J. J, SHI;A, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Clark. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton, Nays-None, City of Dubuque, Iowa Resolution No. 135-39 Be It Resolved by the City Council of the City of Dubuque, State of Iowa, as follows: - (1) That it is deemed advisable and for the best interest of said City of Du- buque, that the contract between the said City of Dubuque, and Anton Zwack, Inc., Contractor, covering the work on Contract No, 4 Docket No. 1684-F be changed as it is outlined on the attached sheet in the request for contract extension of time. (2) That the request of said con- tractor covering the change is hereby approved and accepted, (3) That the contract time limit be extended 60 calendar days. (4) That the contract price will not be changed by this change. (S) That the City of Dubuque waives any and all claims far liquidat- ed damages arising out of the failure of the contractor to complete the work prior to the date for the completion thereof as modified by this resolution, (6) That said contractural provi- sion providing for liquidated damages shall otherwise remain in full force and effect. (7) That such acceptance of the Contractor's proposal shall become ef- fective only when a certified copy of this resolution is sent to the contractor by the engineer of said City of Du- buque, Iowa. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity become effective from and after its final passage and adoption by the City Council. Passed, adopted and approved this 7th day of Avgust, 1939. G)aO, R, MURPHY, Mayor, FRANK VAN DUIfI,MAN, AI,B);RT WHARTON, CARL, A. Ci•ARK, F. W. THOMPSON, Councilmen. Attest: J. J, SHEA, City Clerk. Councilman Thompson moved the adoption of the resolution. Seconded by Councilman Clark, Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None, r~ s, ^'~. I,i I,I'u, ~~ '4' „! y a x 226 Regular Session, City of Dubuque, Iowa Resolution No. 136-39 Be It Resolved by the City Council of the City of Dubuque, State of Iowa, as follows: (1) That it is deemed advisable and for the best interest of said City of Dubuque, that the contract between the said City of Dubuque, and Linehan & Molo, Contractor, covering the work on Contract No. 5 Docket No. Iowa 1684-F be changed as is outlined on the attached sheet in the request for contract extension of time. (2) That the request of said con- tractor covering the change is hereby approved and accepted, (3) That the contract time limit be extended 60 calendar days. (4) That the contract price will not ~'I be changed by this change. (S) That the City of Dubuque ~' waives any and all claims for liquidated damages arising out of the failure of the contractor to complete the work prior to the date for the completion thereof as modified by this resolution. (6) That said contractual provision providing for liquidation damages shall otherwise remain in full force and ef- fect. (7) That such acceptance of the Contractor's proposal shall become ef- fective only when a certified copy of this resolution is sent to the contractor by the engineer of said City of Du- buque, Iowa. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity become effective from and after its final passage and adoption by the City Council. Passed, adopted and approved this 7th day of August, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk, Councilman Clark moved the adop- tion of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. City of Dubuque, Iowa Resolution No. 137-39 Be It Resolved by the City Council of the City of Dubuque, State of Iowa, as follows: 7th, 1939, (1) That it is deemed advisable and far the best interest of said City of Du- buque, that the contract betvveen the said City of Dubuque, and United Elec- tric Company, electricians covering the work on Contract No. 6 Docket No. Iowa 1684-F be changed as is outlined on the attached sheet in the request for contract extension of time. (2) That the request of said con- tractor covering the change is hereby approved and accepted. (3) That the contract time limit be extended 60 calendar days. (4) That the contract price will not be changed by this change. (5) That the City of Dubuque waives any and all claims for liquidat- ed damages arising out of the failure of the contractor to complete the work prior to the date for the completion thereof as modified by this resolution. (6) That said contractual provision providing far liquidated damages shall otherwise remain in full force and ef- fect. (7) That such acceptance of the Contractor's proposal shall become ef- fective only when a certified copy of this resolution is sent to the contractor by the engineer of said City of Du- buque, Iowa, Be It Further Resolved that this res- olution being deemed urgent and of immediate necessity become effective from and after its final passage and adoption by the City Council. Passed, adopted and approved this 7th day of August, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Clark moved the adop- tion of the resolution. Seconded by Councilman Thompson. Carried by the following Grote: Yeas-Mayor Mur- phy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Resolution No, 138-39 Be It Resolved by the City Council of the City of Dubuque that the fol- lowing, having complied with the pro- visions of law relating to the sale of cigarettes within the City of Dubuque, be 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 and Address- Joseph J, Weiner, 709 Julien Avenue. Regular Session, August 7th, 1939, 227 Be It Further Resolved that the bond filed with the application be approved. Passed, adopted and approved this 7th day of August, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F, W. THOMPSON, Councilmen. Attest: J, J. SHEA, City Clerk. Councilman Clark moved the adop- tion of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Mur- phy, Councilmen Clark, Thompson, Van Duelman, Wharton, Nays-None, Resolution No, 139.39 Whereas, Applications for Class "B" Beer Permits have been submitted to this Council for approval and the same have been examined; Noty, Therefore, Be It Resolved by the Council of the City of Dubuque that the following applications be and the same are hereby approved and it is ordered that the premises to be occupied by such appli- cants sha(1 be forthwith inspected. Class "B" Permit Name. Address. Arthur and Adele Norton (Transfer of address from 198 Main), 659 Cen- tral Avenue; Philip Mihalakis (Trans- fer of address from 469 Main), 500 East 22nd Street; W. F, Trimpler (Trans- fer of address from 2400 Central), S74 East 16th Street; William Tharp, 2403 Central Avenue; Joseph J, and Evelyn Weiner, 709 Julien Avenue; Wm, J, Clesen, 1097 Jackson Street; Payson and Harry Berg, 1804 Central Avenue; Wm. C. Miller, 35 West 4th Street; John J, and Marie Rettenmaier, 1100 Lincoln Avenue; Milo Barrett, 241 Main Street; Carl J McDermott, 26S Main Street; Knights of Columbus, Dubuque Council No. 510, 781 Locust Street; Philip Mihalakis, S00 East 22nd Street. Passed, adopted and approved this 7th day of August, 1939. GEO. R, MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F, W. THOMPSON, Councilmen. Attest: J, J. SHEA, City Clerk. Councilman Clark moved the adop- tion of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Resolution No. 140.39 Whereas, Heretofore applications . were filed by the within named appli- cants for Class "B" Beer Permits and they received the approval of this Council; and Whereas, The premises to be occu- pied by them have been inspected and found to comply with the ordinances of this City and they have filed a proper bond; Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the Manager be and he is hereby directed to issue to the following named persons a Beer Permit: Class "B" Permit Name, Address. Arthur and Adele Norton (Transfer of address from 198 Main), 659 Cen- tral Avenue; Philip Mihalakis (Trans- fer of address from 469 Main), S00 East 22nd Street; W, F. Trimpler (Transfer of address from 2400 Cen- tral), 574 East 16th Street; William Tharp, 2403 Central Avenue; Joseph J, and Evelyn Weiner, 709 Julien Ave- nue; Wm. J. Clesen, 1097 Jackson Street; Payson and Harry Berg, 1804 Central Avenue; Wm. C. Miller, 3S West 4th Street; John J, and Marie Rettenmaier, 1100 Lincoln Avenue; Miio Barrett, 241 Main Street; Carl J. McDermott, 265 Main Street; Knights of Columbus, Dubuque Council No. 510, 781 Locust Street; Philip Mihala- kis, S00 East 22nd Street. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 7th day of August, 1939, GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J, J, SHEA, City Clerk. Councilman Clark moved the adop- tion of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Mur- phy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Application of John O'Brien for a Class "C" Beer Permit to be located at 1120 Julien Avenue, presented and read, also report submitted by Chief of h.. 'l l ~. i~l ;; i''; l~; '; -; ~r ,'~ ~~i' ~Y~ ~~' ~~ r ;; ~~ ri r'~ .F,': j ~.;I l ~~~,I~~ , ~+., „' "' ~~r ~,~ li'`` `;"~iJ~ ~, ~ i ,~ <' „JI I~~I,i i~ P' Ci' Iic u =y J _~ '~i 228 Regular Session, August 7th, 1939. Police Strub upon the application for a Class "C" Beer Permit of John O'Brien, presented and read. Council- man Wharton moved that the applica- tion of John O'Brien for a Class "C" Beer Permit to be located at 1120 Julien Avenue be denied. Seconded by Councilman Clark. Carried by the fol- loaving vote: • Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Resolution No. 141-39 The resolution was passed, adopted, a.nd approved by unanimous action of the City Council on the 7th day of August, 1939, and all members thereof signed their names thereto. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL, A, CLARK, F. W. THOMPSON, Councilmen. Attest: J, J. SHEA, City Clerk. Resolution and application for per- manent transfer of funds. 'iVhereas, An emergency tas levy was made by the City Council of the City of Dubuque for use in supple- meutiug the foods required for debt service during the fiscal year beginning April 1, 1939, and ending March 31, 1940, upon authority and approval of the State Comptroller; and Whereas, As of the 31st of July, 1939, there taus a cash balance in the Grading Ftlnd of $1,630.83; and Whereas, There is now in the hands of the City Treasurer and credited to the Emergency Fund the sum of $1S,- SS4.79, avhich is available for transfer to the Grading Fund above referred to for debt service; and Whereas, On August 1, 1939, Grad- ing Bonds in the amount of $6,000.00 matured and Grading Bond Interest in the amount of $420.00 became due and payable; and Whereas, In order to pay the obliga- tions due it will be necessary to make a transfer of $6,420.00 from the Emer- gency Fund to the Grading Fund; and Whereas, Before any transfer can be made from the Emergency Fund to any other fund, an application must be made to the State Comptroller for au- thority to make the transfer and his approval secured thereon; Now, There- fore, Be It Resolved by the City Council of the City of Dubuque that, subject to the approval.of the State Comptroller. there be and there is hereby transferred from the Emergency Fuud to the Grading Fund the sum of $6,420.00, and the State Comptroller is hereby petitioned to authorize and approve such transfer. Be It Further Resolved that, upon the approval of such transfer, the Aud- itor of the City of Dubuque is directed to adjust his books accordingly and notify the Treasurer of such transfer, and such notification shall be accom- panied by a copy of this resolution and the record of its adoption. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Clark. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. July 26, 1939, Mr. A. A. Rhomberg, City Manager, and Members of City Council, Du- buque, Ioava. Gentlemen:- I herewith submit the attached re- port on William Blum, the holder of Class "B" Beer Permit at ]6S4 Cen- tral Avenue. The Class "B" Beer Per- mit No. l09 was issued to the shove mentioned William Blum on August 9, 1938. An investigation concerning the operation of this establishment since permit taus fast issued has heen made and is included in this report, together avith my findings regarding the char- acter and record of the permit holder. History-July 24, 1939, arrested nn a charge of selling beer to minors and possession of a gambling device. De- faulted abond of $100.00 on selling beer to minors and defaulted a hood of $25.00 on possession of gambling de- vice. March 11, 1939-Disturbing the peace. Discharged in Police Court, 3/11/39. August 21, 1938-Arrested an charge of illegal transportation of distilled spirits and illegal possession of the dis- tilled spirits on u*hich the tax had not heen paid to the United States (in two counts). Octolier 27, 1938-Indicted at Sioux City; he taus indicted on both counts. December 6, 1938-Entered a plea of guilty, December 6, 1938-Sentenced to serve 60 days in the County Jail. This time was served in the Lynn County Jail at midnight February 4, 1939. Remarks-You are advised that the indictment was returned under Section 1152, a Title 26 U. S. Code (1934 edi- tion) and said penalty for said viola- tion, as provided in Section 1152, a Title of U. S. Code reads as follows: Regular Session, August 7th, 1939. 229 Shall on conviction be punished by a fine not exceeding $1,000.00 or by im- prisonment at hard labor t}ot exceed- ing five years, or by both. If I understood the law correctly the punishment provided by this statute would make the offense to which appli- cant pleads guilty a felony. It is fur- ther pointed out according No. 12890 Code of Iowa, 1935, a felony is a pub- lic offense which "may" be punished with death, or which is, or in the dis- cretion of the Court may be punished by imprisonment in the penitentiary or men's reformatory. Further reference is made to Par. S18 of Ordinance No. 9-35. Revocation mandatory. Section 9, wherein a per- son had been convicted of a felony, revocation is mandatory. You are further advised that the Po- lice Department has received many and divers complaints concerning the violent and tumultous conduct and pro- fane language and offensive talk of the patrons of this tavern. (Names of complainants furnished on request), An investigation revealed this condi- tion to exist and to prevent a continui- ty of this condition, it became neces- sary to assign a special police detail to the vicinity of this tavern. And fur- thermore; in dealing with juveniles, it has been learned by the Police Depart- ment, the Probation Officer, Social Worker and Judges of the District Court that this applicant solicits, or at least permits persons of tender years to loiter around and in his place of busi- ness. Statements have been made by juveniles that it is not difficult to se- cure beer in said tavern. Recommendations-Because of the disorderly conduct of William Blum in the operation of his Class "B" Tavern and of the above cited violations of law, I hereby recommend that the City Council proceed under the provisions of Section 1921-F123 making tt manda- tory that license No, 109 issued to Wil- liam Blum at 1654 Central Avenue on August 9, 1938, be revoked forthwith. Respectfully submitted, JOS. H. STRUB, Chief of Police. erating a tavern at 1654 Central Ave- nue in the City of Dubuque; and 1Vhereas, It has come to the atten- tion of this Council that the owner and holder of said permit has conducted his place of business in a disorderly manner and otherwise in violation of law; Now, Therefore, Be It Resolved by the City Council of the City of Dubuque that Class "B" Beer Permit No. 109, heretofore issued to William Blum, be and the same is hereby revoked and the Chief of Police is directed to take up such permit forthwith and return the same for can- cellation. Passed, adopted, and approved this 7th day of August, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL, A. CLARK, F, W, THOMPSON, Councilmen. Attest: J, J. SHEA, City Clerk. Councilman Wharton moved the adoption of the resolution, Seconded by Councilman Clark. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None: There being no further business Councilman Wharton moved to ad- journ. Seconded by Councilman Clark, Carried by the fallowing vote: Yeas- Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. J. J• sHEA, City Clerk. Approved ----------------------1939. Adopted ---------------------- 1939, Councilman Wharton moved that the recommendation of Chief of Police Strub be approved. Seconded by Coun- cilman Clark. Carried by the following vote: Yeas-Mayor Murphy, Council- tnen Clark, Thompson, Van Duelman, Wharton. Nays-None. Resolution No. 142-39 Whereas, This Council, on the 9th day of August, 1938, caused to be is- sued aClass "B" Beer Permit bearing the Number 109 to William Blum, op- ---------------------- Counctlmen. ______________________ Attest: ------------------------------ City Clerk. ir~ ~~~'' ~f f ~ ~ 'G ,o C{ ;, ~~'' "" ~;~~t G~oil i ~' ~ ~~ of„~ ~~~~~~~ 1 I~ i;y,, ~, ~j~~l ''CII ~i ;i ' 'I{ ~, :~ ;1 ',~ ~ i',. ,,~~i ~~,' U~I Fi'" IE~ ~i i~~~ i, .I 230 Special Session, August 7th, 1939. Board of Health (Official) u ~_ _G i -i y Special Session, August 7, 1939. Board met at 9:55 P. M. Present-Chairman Geo. R. Murphy, Messrs. Carl A. Clark, F. W. Thomp- son, Frank Van Duelman, Albert Wharton. Communication of A. H. Wieters, Director, Division of Public Health Engineering, State Department of Health, Des Moines, Iowa, submitting a copy of letter received from Itlrs. Theo. Kale, S69 Southern Avenue, com- plaining about an outside closet belong- ing to Leo Houpes, S67 Southern Ave- nue, and stating that this matter has been taken up with the Local Board of Health but so far no results have item shown, advising the Local Board of Health that the matter complained of by Nlrs. Theo. Kale comes under their luris~iction and requests an inves- tigation and action, presented and read. Mr. Alber-t Wharton moved that the communication and accompanying let- ter of complaint be referred to the Health Director and Sanitary Officer for investigation and report. Seconded by Mr. Carl A. Clark. Carried by the following vote: Yeas-Chairman Geo. R: Murphy, Messrs. Carl A. Clark, F. W. Thompson, Frank Van Duelman, Albert Wharton, Nays-None. Return of service, subscribed and sworn to by Joseph T. Scharry, Sani- tary Officer, of notice served upon Voelker Realty Company to comtect Lot 221, Woodlawn Park Addition, with the sanitary sewer, presented and read. Mr. Carl A. Clark moved that the return of service be received and filed. Seconded by Mr, Frank Van Duelman. Carried by the following vote: Yeas-Chairman Geo. R. Mur- phy, Messrs. Carl A. Clark, F. 1V. Thompson, Frank Van Duelman, Al- bert Wharton. Nays-None, Return of service, subscribed and sworn to by Joseph T. Scharry, Sani- tary Officer, of notice served upon John Schaul to connect the N. E. 38 feet of S. E. 150 feet of Lot 595, Ham's Add., with the sanitary sewer, present- ed and read. Mr. Carl A, Clark moved that -the return of service be received and filed. Seconded by Mr. Frank Van Duelman. Carried by the following vote: Yeas-Chairman Geo. R, Mur- phy, Messrs. Carl A, Clark, F. W. Thompson, Frank Van Duelman, Al- bert Wharton, Nays-Noce. Return of service, subscribed and sworn to by Joseph T. Scharry, Sani- tart' Officer, of notice served upon Seippel Lumber Company to connect Lot 2 of 7 of Peil's Sub, with the sani- tary sewer, presented and read. Mr. Carl A. Clark moved that the return of service be received and filed. Sec- onded by Mr. Frank Van Duelman. Carried by the following vote: Yeas- Chairntan Geo. R, Murphy, Messrs. Carl A. Clark, F. W. Thompson, Frank Van Duelman, Albert Wharton. Nays-None. There being no further business Mr. Frank Van Duelman moved that the Board of Health adjourn. Seconded by Mr. Carl A. Clark. Carried by the following vote: Yeas-Chairman Geo. R Murphy, Messrs. Carl A. Clark, F. W. Thompson, Frank Van Duelman, Albert Wharton. Nays-None. J. J. SHEA, Clerk, Board of Health. Approved ____________________ 1939. Adopted _____________________ 1939. Members of~ Board of ----------------------- Health Attest: ----------------------------- Clerk, Board of Health. Special Session, August 30th, 1939. 231 City Council (Official.) Special Session, August 30, 1939. Council met at 7:55 P, M. Present-Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton, City Manager Rhomberg. Meeting called by order of Councilmen Van Duelman and Clark. Mayor Murphy read the calf and stated that service thereof had been duly made and that this meeting is called for the purpose of considering an offer to amend the contract created by the acceptance of the original offer made by the United States of America to City of Dubuque, Iowa, to aid by vvay of grant iu financing Improve- ments to Water Worlcs System and Demolition of Old Building made by the United States of America to the City of Dubuque, Iowa, and acting on any other business as may properly come before a regular meeting of the City Council. Notice of Special Meeting To: Geo. R. Murphy, Mayor; Carl A. Clark, F. W, Thompson, Frank Van Duelman, Albert Wharton, Council- men. You and each of you are hereby noti- fied that there will be a special meet- ing of the City Council of the City of Dultuque, Iowa, at Council Chamber, City Hall, on the 30th day of August, 1939, at 7:30 o'clock P. M. for the pur- pose of considering an offer to amend the contract created by the acceptance of the original offer made by the Unit- ed States of America to City of Du- buque, Iowa, to aid by way of grant in financing Improvements to Water Works System and Demolition of Old Building made by the United States of America to the City of Dubuque, Iowa. FRANK VAN DUELMAN, CARL A. CLARK, Councilmen. Consent to Meeting We, the undersigned members of the City Council of the City of Dubuque, Iowa, hereby accept service of the fore- going notice, waiving any and all ir- regularities in such service and such notice, and consent and agree that said City Council shall meet at the time and place therein named, and for the pur- pose therein stated. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A, CLARK, F, W, THOMPSON, Councilmen. Witness my hand this 30th day of August, 1939. J. J. SHEA, City Clerk. Resolution No. 141-39 Resolution and application for per- manent transfer of funds. Whereas, An emergency tax levy was made by the City Council of the City of Dubuque for use in supple- menting the funds required for debt service during the fiscal year begin- s ning April 1, 1939, and ending March 131, 1940, upon authority and approval of the State Comptroller; and Whereas, As of the 31st of July, 1939, there was a cash balance in the Grading Fund of $1,630.83; and Whereas, There is now in the hands of the City Treasurer and credited to the Emergency Fund the sum of $15,- 854.79, which is available for transfer to the Grading Fund above referred to for debt service; and Whereas, On August 1, 1939, Grad- ing Bonds in the amount of $6,000.00 matured and Grading Bond Interest in the amount of $420.00 became due and payable; and Whereas, In order to pay the obliga- tions due it will be necessary to make a transfer of $fi,420.00 from the Emer- gency Fund to the Grading Fund; and Whereas, Before any transfer can be made from the Emergency Fmtd to any other fund, an application must be made to the State Comptroller for au- thority to make the transfer and his approval secured thereon; Now, There- fore, Be It Resolved by the City Council of the City of Dubuque that, subject to the approval of the State Comp- troller, there be and there is hereby transferred-from the Emergency Fund to the Grading Fund the sum of $6,- 420.00, and the State Comptroller is hereby petitioned to authorize and ap- prove such transfer, Be It Further Resolved that; upon the approval of such transfer, the Aud- itor of the City of Dubuque is directed to adjust his books accordingly and notify the Treasurer of such transfer, and such notification shall be accom- panied by a copy of this resolution and the record of its adoption, The resolution was passed, adopted and approved by unanimous action of the City Council on the 7th day of August, 1939, and all members thereof signed their names thereto. GEO. R. MURPHY, Mayor, FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F, W. THOMPSON, Councilmen. Attest: J, J. SHEA, City Clerk. ~l4ll ~,; r~ ~I~'b PP@ ~Nli i<, d •4 ~''P.' J~,ti,,~~,~,~ 7 ~~ I' I , ~_ 232 Special Session, August 30th, 1939. The above resolution and application having been filed with the State Comp- troller, the transfer is approved this 12th day of August, 1939. C. FRED PORTER, State Comptroller Councilman Thompson moved that the approval of State Cmnptroller C. Fred Porter be made a matter of rec- ord. Seconded by Councilman Clark. Carried by the fallowing vote: Yeas- Mavor Murphy, Councilmen Clark, Thompson, Van Duelman, 1Vharton. Nays-None. Communication of Iowa Association of Chiefs of Police urging the City Council to arrange for the sending of the Chief of Police to attend the Con- vention of the Iowa Association of Chiefs of Police to be held in Daven- port, Iowa, on September 19, 20, 21, 1939, presented and read. Councilman Clark moved that the communication be received and that Chief of Police 5trub be authorized to attend the Con- vention of the Iowa Association of Chiefs of Police to be held in Daven- port, Iowa, on September 19, 20, 21, 1939. Seconded by Councilman Whar- ton. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clarlc, Thompson, Van Duelman, Wharton. Nays-None. Communication of the International City Managers' Association extending invitation to the Honorable Mayor and Members of the City Council to attend the annual conference of the Internal tional City Managers' Association to be held in Detroit on October 9th to 12th, inclusive, presented and read, Councilman Van Duelman moved to refer the communication to the City Council for further consideration. Sec- onded by Councilman Clark, Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Notice of Claim of Jahn Bjerke in an amount to reimburse him for the doctor bills and loss of time from work for personal injuries sustained in a fall at Eagle Point Park' and stating that the accident happened because the lights had been turned off and that he was unable to see where he was walk- ing, presented and read. Councilman Clark moved to refer the Notice of Claim to the City Solicitor for investi- gation and report. Seconded by Coun- cilman Thompson, Carried by the fo]- ]orving vote: Yeas-Mayor Murphy, Councilman Clark, Thompson, Van Duelman, Wharton. Nays-None. Notice of bevy and Sale bf T. J. O'Donnell, Plaintiff, versus Birdena E. Bush, Virginia E. B. Robinson, Anna M. Utt, City of Dubuque, James F. Lee Paving Company, John D, Bush, De- fendants, upon Lot 1 in Pinehurst Sub- division, presented and read. Council- man Vau Duelman moved to refer the Notice of bevy and Sale to the City Solicitor for investigation and report. Seconded by Councilman Clark. Car- ried by the following vote: Yeas- Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Petition of 'The Volunteers of Amer- ica, requesting permission for the hold- ing of a Red Heart tag sale on Septem- ber 23, 1939, presented and read. Councilman Van Duelman moved that the request be granted. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Murphy,, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Petition of Susan Erschens, request- ing permission to redeem the tax sale certificate held by the City of Du- buque on Lot 2 of the Subdivision of Lots 7 and 8 of S. M. Langworthy's Subdivision upon the payment of the face of the certilcate plus S% straight interest from the date of the sale to the date of redemption, presented and read. Councilman Wharton moved to refer the petition to the City Manager and City Treasurer for investigation and re- port. Seconded by Councilman Clark. Carried by the following vote: Yeas- Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Petition of Mrs. Bertha Lange, re- questing the remission of the penalties paid on special assessments in the amount of $10.01 levied against loot S of Jansen's Subdivision No. 3 for the improvement of Roosevelt Street, pre- sented and read. Councilman Whar- ton moved to refer the petition to the City Manager and City Treasurer for investigation and report. Seconded by Councilman Clarlc. Carried by the fol- loGVing vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Petition of Louise Scharff, referred to the City Council by the Board of Supervisors, requesting suspension of the 1938 taxes on loots 34 and 3S, Bel- mont Addition, presented and read. Councilman Wharton moved to refer the petition to the City Solicitor for investigation and report. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas-ylayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Petition of Della C. Thul, referred to the City Council by the Board of Special August 30th, 1939. 233 Supervisors, requesting cancellation of the 1938 taxes on the South 2 feet 6 inches of Lot 2 and all of Lot 3 of Kleinschmidt's Subdivision, presented and read. Councilman Wharton moved to refer the petition to the City Solici- tor far investigation and report. Sec- onded by Councilman Van Duelman. Carried by the following vote: Yeas- Mayor Murphy, Councilmen Clark, Thompson, Vau Duelman, tiVharton. Nays-None. Petition of Alvina Hill, requesting that the City Council grant whatever relief they may be able to extend in the matter of the payment of the delinquent special assessments and also for the redemption of the tax sale certificate held by the City of Dubuque against Lot 3 of Tschirgi and Schwind's Sub- division, presented and read. Council- man Clark moved to refer the petition to the City Manager and City Treas- urer for investigation and report. Sec- onded by Councilman Thompson, Car- ried by the following vote: Yeas- Mayor Murphy, Councilmen Clark, Thompson, Van Dueleman, Wharton. Nays-None. Council Proceedings for the month of June, 1939, presented for approval. Councilman Clark moved that the Council Proceedings for the month of June, 1939, be approved as printed. Seconded by Councilman Thompson. Carried by the following vote: Yeas- Alayor Murphy, Councilmen Clark, Thompson, Vau Duelman, Wharton. Nays-None. Return of service, subscribed and sworn to by H. H, Howie, Building Commissioner, of notice of condemna- tion proceedings served upon Adam Berntgen and Edward Whelan, Attor- ney for Adam Berntgen, requiring them to abate the nuisance and take down the buildings located on the South one-half of Lot 115 and the North thirty-two feet 6 inches of Lot 116 of East Dubuque Addition on or before the 1st day of October, 1939, presented and read. Councilman Thompson moved that the return of service be received and filed. Seconded by Councilman Clark. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Returns of service, subscribed and sworn to by H. H. Howie, Building Commissioner, of notices of condemna- tion proceedings served upon Wilbert Farley, Thomas Farley, John Farley, Lillian Ternes, Mary Howard, Ethel Ferring, Elrene Meng and Rose Mc- Laughlin, notifying them to abate the nuisance and take down the buildings located on the South one-half of I,ot 11S and the North thirty-two feet 6 inches of Lot 116 of East Dubuque Addition on or before the 1st day of October, 1939, presented and read. Councilman Thompson moved that the returns of service be received and filed. Seconded by Councilman Clark. Carried by the following vote: Yeas- Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. August 10, 1939, To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen:- I herewith submit the reports of the City Auditor, City Treasurer, City Health Department, and the City Water Department for the month of July, 1939, also a list of claims and list of payrolls for which warrants were drawn during the month of July, 1939. Respectfully submitted, A, A, RHOMBERG, City Manager. Councilman Clark moved that the reports be received and placed on file. Seconded by Councilman Thompson. Carried by the following vote: Yeas- Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Resolution No. 143-39 City of Dubuque, Iowa A resolution accepting the offer to amend the contract created by the ac- ceptance of the original offer of the United States of America to City of Dubuque, Iowa, to aid in financing the construction of Improvement to Water Works System and Demolition of Old Building. Be It Resolved by the City Council of the City of Dubuque, Iowa: Section 1, That the offer to amend the contract created by the acceptance of the original offer of the United States to City of Dubuque, Iowa, to aid by way of grant in financing Improve- ments to Water Works System and Demolition of Old Building, a copy of which offer follows, be and the same hereby is in all respects accepted. Federal Works Agency Public Works Administration Copy conformed to executed original Aug. 22, 1939. Checked; Penn. Legal Divn., PWA. P. W. 91412-1Z Washington, D, C. Dated; Aug, 24, 1939. Docket No. Iowa 1684-F, City of Dubuque, Iowa, Dubuque, Iowa. The United States of America here- by offers to amend the contract created r ~~ 1 „tit li i, ~ k„ ~'j' r~ 234 Special Session, August 30th, 1939. by the acceptance by the City of Du- buque, Iowa, on October 3, 1938, of the offer made by the United States of America and dated September 23, 1938, by striking out, in Line 8 of Para- graph 1 of said offer, the figures "$67,- 500" an dinserting in lieu thereof the figures "$74,978." United States of America Federal Works Administrator. By: (SGD) $. W. Clark, Acting Commissioner of Public Works. Section 2. That said City of Du- buque, Iowa, agrees to abide by all the terms and conditions relating to such original offer, a copy of which terms and catditions was annexed to the Government's original offer and made a part thereof. Section 3. That the Mayor is hereby directed to sign, and the City Clerk to attest and affix the corporate seal of the City of Dubuque, Iowa, to the ex- ecuted amendatory offer made by the United States of America to the City of Dubuque, Iowa, as evidence of the acceptance of said offer by City of Du- buque, Iowa. Section 4, That the City Clerk is hereby authorized and directed to send to the Public Works Administration certified copies of the proceedings of this meeting and the action taken in connection with the adoption of this resolution, and such further documents or proofs in connection with the ac- ceptance of said amendatory offer as may be requested by the Public Works Administration. GEO, R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W, THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thomp- son, Van Duelman, Wharton. Nays- None. City of Dubuque, Iowa Resolution No. 144-39 Whereas, A thorough investigation has beeen made of the hourly wage rates vvhich are being paid in the City of Dubuque, Iowa, in Dubuque Coun- ty, which is the locality in which the project is being constructed by the City of Dubuque, Iowa, to employ in each trade or occupation engaged in work of a nature similar to the work being performed in the construction of said project and the prevailing hourly wage rates being paid in such locality to such employees for such work have been determined by the City Council through aid of secretary of Trade and Labor Congress, secretaries of Trade Unions and Local Contractors; and, Now, Therefore, Be It Resolved by the City Council of the City of Dubuque, Iowa, that the following rates for the respective trades as listed below shall be and are hereby fixed as the minimum hourly wage rates and have been determined in accordance with rates prevailing for work of a similar nature in the locality in which the project is being con- structed: Electrician Apprentice, 1st year, $.35 Electrician Apprentice, 2nd year, $.SO Be It Further Resolved that there be transmitted with this resolution the substantiating data upon which the foregoing determination is based. Be It Further Resolved that this res- olutio~t being deemed urgent and of immediate necessity become effective from and after its passage and adoption by the City Council. Passed and adopted this 30th day of August, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W, THOMPSON, Councilmen. Attest: J, J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas- Mayor Murphy, Councilmen Ctarlc, Thompson, Van Duelman, Wharton. Nays-None. City of Dubuque, Iowa Resolution No. 145-39 Be It Resolved by the City Council of the City of Dubuque, State of Iowa, as follows: (1) That it is deemed advisable and for the best interest of said City of Du- buque, that the contract between the said City of Dubuque, and Climax En- gineering Company,. Clinton, Iowa, covering the work on Contract No. 3, Docket Iowa 1684-F be changed as it is outlined on the attached sheet in the request for contract extension of time. Special Session, August 30th, 1939, (2) That the request of said con- tractor covering the change is hereby approved and accepted. (3) That the contract time limit be extended 1S calendar days, (4) That the contract price will not be changed by this change, (5) That the City of Dubuque waves any and all claims for liquidat- ed damages arising out of failure of the contractor to complete the work prior to the date of the completion thereof as modified by this resolution. (6) That the said contractual pro- vision providing for liquidated damages shall otherwise remain in full force and effect. (7) That such acceptance of the Contractor's proposal shall become ef- fective only when a certified copy of this resolution is sent to the contractor by the engineer of said City of Du- buque, Iowa. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity become effective from and after its final passage and adoption by the City Council. Passed, adopted and approved this 30th day of August, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F, W. THOMPSON, Councilmen, Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Wharton, Car- ried by the following vote: Yeas- Mayor Murphy, Councilmen Clark, ' Thompson, Van Duelman, Wharton. Nays-None. City of Dubuque, Iowa Resolution No. 146-39 Be It Resolved by the City Council of the City of Dubuque, State of Iowa, as follows: (1) That it is deemed advisable and for the best interest of said City of Du- buque, that the contract between the said City of Dubuque, and The A. Y. McDonald Mfg. Co., Dubuque, Iowa, covering the work on Contract 7A and 7B Combined, Docket Iowa 1684-F be changed as it is outlined on the at- tached sheet in the request for con- tract extension of time. 235 (2) That the request of said con- tractor covering the change is hereby approved and accepted, (3) That the contract time limit be extended 15 calendar days, (4) That the contract price will not be changed by this change, (S) That the City of Dubuque waives any and all claims for liquidated damages arising out of failure of the contractor to complete the work prior to the date of the completion thereof as modified by this resolution. (6) That the said contractual pro- vision providing for liquidated dam- ages shall otherwise remain in full force and effect. (7) That such acceptance of the Contractor's proposal shall become ef- fective only when a certified copy of this resolution is sent to the contractor by the enginneer of said City of Du- buque, Iowa. Be It Further Resolved that this res- olution being deemed urgent and of immediate necessity become effective from and after its final passage and adoption by the City Council. Passed, adopted and approved this 30th day of August, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F, W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption' of the resolution. Sec- onded by Councilman Wharton. Car- ried by the following vote: Yeas- Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None, , City of Dubuque, Iowa Resolution No. 147-39 Be It Resolved by the City Council of the City of Dubuque, State of Iowa, as follows: (1) That it is deemed advisable and for the best interest of said City of Du- buque, and Thos, Flynn Coal Com- pany, Dubuque, Iowa, covering the work on Contract No. 9 Docket Iowa 1684-F, be changed as it is outlined on the attached sheet in the request for contract extension of time. '>G~ 'E i ,Il i '?i~ ~~ ~~ . l ire ~ .iw.i~ ,~ h ~I ~' 'l'@'. j~!'' 236 Special Session, August 30th, 1939. '~ Special Session, August 30th, 1939. 237 (2) That the request of said con- tractor covering the change is hereby approved and accepted. (3) That the contract time limit be extended 1S calendar days, (4) That the contract price will not be changed by this change. (S) That the City of Dubuque waives any and all claims for liquidat- ed damages arising out of failure of the contractor to complete the work prior to the date of the completion thereof as modified by this resolution. (6) That the said contractual pro- vision providing for liquidated damages shall otherwise remain in full force and effect. (7) That such acceptance of the Contractor's proposal shall became ef- fective only when a certified copy of this resolution is sent to the contractor by the engineer of said City of Du- buque, Iowa. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity become effective from and after its final passage and adoption by the City Council. Passed, adopted and approved this 30th day of August, 1939. - G13O. R. MURPHY, Mayor. FRANK VAN DUFLMAN, ALB$RT WHARTON, CARI, A. CLARK, F. W. THOMPSON, Councilmen, Attest: J. J. SHI;A, City Clerk. r Councilman Van Duelman moved the adoption of the resolution. Second- ed by Councilman Clark. Carried by the following vote: Yeas-Mayor Mur- phy, Councilmen Clark, Thompson, Van Duelman, Wharton, Nays-None. Resolution No, 146-39 Be It Resolved by the City Council of the City of Dubuque that the follow- ing, having complied with the provi- sions of law relating to the sale of cigarettes within the City of Dubuque, 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. Al. V. Poire, 1638 Central Avenue. Be It Further Resolved that the bond filed with the application be ap- proved. Passed, adopted and approved this 30th day of August, 1939. GI:O. R, MURPHY, Mayor. FRANK VAN DUFLMAN, AI,BFRT WHARTON, CARI, A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHI;A, City Clerk. Councilman Thompson moved the adoption of the resolution. Seconded by Cowicilman Clark. Carried by the following vote: Yeas-Mayor Mur- phy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. August 10, 1939. Mr. A. A. Rhomberg, City Manager, and Members of the City Council, Dubuque, Iowa. Gentlemen: I herewith submit the attached re- port on Thos. Wragg, the holder of Class °B" Beer Permit at 332 $ighth Avenue. The Class "B" Beer Permit No. 46 was issued to the above men- tioned Thos. Wragg on July 1, 1939. An investigation concerning the oper- ation of this establishment since permit was last issued has been made and is included in the report together with my findings regarding the character and record of the permit holder. History-~On August 7, 1939, the above named permit holder was arrest- ed on a charge of violating Ordinance No. 9-35, Par. 512 and Par, 519. On August 8, 1939, in City Police Court he was found guilty of violating Par. S19 and fined $100.00 and costs of $3.50, which he paid. Remarks-The office of the Chief of Police had for some time past received complaints that this tavern was a meet- ing place for prostitutes plying their trade and that the operator permitted them to become intoxicated and al- lowed them to solicit, pander and loiter in and around his place of business. An investigation was instituted which revealed that the complaints were jus- tified and as a direct result of the in- vestigation the arrest and conviction of this Class "B" Permit holder fol- lowed. Recommendations-Because of the disorderly conduct of Thos. Wragg in the operation of his Class "B" Tavern and of the above cited violations of law, I hereby recommend that the City Council proceed under the provisions of Sec. 1921-F123 making it mandatory that license No. 46 issued to Thos. Wragg at 332 Eighth Avenue on July 1, 1939, be revolted forthwith. Respectfully submitted, JOS. H. STRUB, Chief of Police. Councilman Wharton moved that the recommendation of Chief of Police Strub be approved. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton, Nays-None, Resolution No, 149.39 Whereas, This Council, on the 1st day of July, 1939, caused to be issued a Class "B" Beer Permit bearing the Number 46 to Thomas A. Wragg, op- erating atavern at 332 $ighth Avenue in the City of Dubuque; and Whereas, It has come to the atten- tion of this Council that the owner and holder of said permit has conducted his place of business in a disorderly man- ner and otherwise in violation of law; Now, Therefore, Be It Resolved by the City Council of the City of Dubuque that Class "B" Permit No. 46, heretofore issued to Thomas A. Wragg, be and the same is hereby revoked and the Chief of Police is directed to take up such permit forthwith and return the same for can- cellation. Passed, adopted and approved this 30th day of August, 1939. G$O. R. MURPHY, Mayor. FRANK VAN DUEI,MAN, AI,B$RT WHARTON, CARI, A. CLARK, F, W. THOMPSON, Councilmen. ~; Attest: J. J, SH1aA, City Clerk, Councilman Wharton moved the adoption of the resolution. Seconded by Councilman Van Duelman. Car- ried by the following vote: Yeas- Mayor Murphy, Cquncilmen Clark, Thompson, Van Duelman, Wharton. Nays-None, August 2S, 1939. Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen:- At the meeting of the City Council held August 12, 1939, your Honorable Body approved the recommendation of the City Manager and Building Com- missioner that the petition of the J. F. Stampfer Company, requesting author- ity to erect and maintain a truss across the alley from its building to the building on the $ast side of said alley, and directed me to prepare proper or- dinance. In accordance with your instructions I herewith submit ordinance covering this matter. I am also returning herewith the petition together with blue print of the proposed truss construction. Respectfully submitted, AL. J, NELSON, City Solicitor, Councilman Clark moved that the communication of City Solicitor Nel- son be made a matter of record. Sec- onded by Councilman Thompson. Car- ried by the following vote: Yeas- biavor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton, Nays-None. Ordinance No. 30-39. An Ordinance granting to J. F. Stampfer Company, its successors or assigns the right to construct and maintain a truss extend- ing from the building upon City I,ot •29 in the town, (now city) of Dubuque, Iowa, and across the alley adjacent thereto to the building upon the lot on the fast side of said alley, and oppo- site thereto; and prescribing the con- ditions of such permit, presented and read. Councilman Van Duelman moved that the reading just had be con- sidered the first reading of the ordi- nance. Seconded by Councilman Clark. Carried by the following vote: Yeas- Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton, Nays-None. Councilman Van Duel- man moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Councilman Clark. Carried by the fol- lowing vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None, The ordinance was then read a second time. Councilman Van Duelman moved that the reading just had be considered the second reading of the ordinance. Sec- onded by Councilman Clark. Carried by the following vote: Yeas-Mavor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None, There being no further business Councilman Clark moved to adjourn. Seconded by Councilman Van Duel- man. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. J. J• SxiaA, City Clerk. Approved -----------------------1939 Adopted ------------------------1939. ----------------------- Councilmen; _______________________ ----------------------- 1----------------------- Attest: ----~------------------------- City Clerk. ~.i !~ ~, ,F