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1939 October Council Proceedings268 Regular Session, October 2nd, 1939. 269 City Council (Official) Regular Session, October 2nd, 1939. Council met at 8:15 P. M. Present-Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton, City Manager Rhomberg. Mayor Murphy stated that this is the regular monthly meeting of the City Council for the purpose of acting upon such business as may properly come before the meeting. Returns of service, subscribed and sworn to by H. H. Howie, Building Commissioner, of condemnation reso- lutions served upon C. F. Hay, of Mun- cie, Indiana, and Mrs, Frances Stark, Detroit, Michigan, commanding them to appear before the City Council at a meeting to be held October 2, 1939, and to show cause why said building locat- ed upon the ];ast 33 feet 6 inches of City Lot 643 should not be declared a dangerous structure and a nuisance, presented and read. Councilman Van Duelman 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. Petition of C, F. Hay requesting an extension of time far complying with the requirements of condemnation reso- lution and advising Council that he is willing to repair the building located upon the Iaast 33 feet 6 inches of City Lot 643 in accordance with building regulations, presented and read, Coun- cilman Van Duelman moved that the request be granted and the date for complying with condemnation resolu- tion requirements be set as April 1S, 1940. Seconded by Councilman Whar- ton. 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 condemnation resolu- tion served upon Richard Fuhrmann and John O'Brien commanding them to appear before the City Council at a meeting to be held October 2, 1939, and to show cause why said building locat- ed upon Lot 10 of Central Addition should not be declared a dangerous structure and a nuisance, presented and read. Councilman Van Duelman moved that the returns of service be received and filed, Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton. Nays-None. _~ =~1 Petition of John O'Brien requesting permission to repair the building locat- ed upon Lot 10 of Central Addition, presented and read. Councilman Van Duelman moved that the request be granted and a time limit of 60 days be allowed for complying with condemna- tion resolution requirements. Second- ed by Councilman Wharton. 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 condemnation reso- lutions served upon Mary F. Doyle commanding her to appear before the City Council at a meeting to be held October 2, 1939, and to show cause why said buildings located upon hots 2 and 4 of City Lot 5S5 and the North one- third of City Lot S54 should not be declared dangerous structures and nui- sances, presented and read. Council- man Clark moved that the returns of service be received and filed. Seconded by Councilman Thompson. Carried by the following vote: Yea's-Mayor Mur- phy, Councilmen Clark, Thompson, Van Duelman, Wharton, Nays- None. Councilman Wharton moved that Mary F. Doyle be granted an extension of time until April 1S, 1940, for to com- ply with the requirements of condem- nation resolutions for abatement of the nuisance caused by buildings located oit Lots 2 and 4 of City Lot SSS and the North one-third of City Lot 554. Seconded by Councilman Van Duel- man. 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 condemnation resolu- tions served upon Wm. J, Robinson and J. P. Hanten as Mortgagee, com- manding them to appear before the City Council at a meeting to be held October 2, 1939, and to show cause why said building located upon Lot 22 of Union Addition should not be de- clared adangerous structure and a nui- sance, presented and read. Council- man Clark moved that the returns of service be received and filed. Second- ed by Councilman Van Duelman, Car- ried 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, Horvie, Building Commissioner, of condemnation resolu- tions served upon S. Wiedner and C. J. Jungwirth commanding them to ap- pear before the City Council at a meet- 270 Regular Session, October 2nd, 1939. ing to be held October Z, 1939, and show cause why said building located upon I,ot 3 of Lot 9 of Union Addition should not be declared a dangerous structure and a nuisance, presented and read. Councilman Clark moved that the returns of service be received and filed. Seconded by Councilman Whar- ton, 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 condemnation reso- lutiou served upon Wm. Lowther com- mauling him to appear before the City Council at a meeting to be held Octo- ber 2, 1939, and show cause tvhy said building located upon City Lot 193 should not be declared a dangerous structure and a nuisance, presented and read. Councilman Wharton moved that the rules be suspended for the pur- pose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman CI'ark. Carried by the fol- lowing vote: Yeas-Mayor Murphy, Councilman Clark, Thompson, Van Duelman, Wharton. Nays-None. Mr. Wm. Lowther, Jr., addressed the Coun- cil requesting that a reasonable length of time be given for the removal of the building located ou City Lot 193. Coun- cilman Clark moved that the return of service be received and filed and that Mr. Lowther be granted asixty-day time limit for complying with the re- quirements of condemnation resolu- tions for abating the nuisance caused by building located on City Lot 193. Seconded by Councilman Van Duel- man. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Vau Duelman, Wharton. Nays-None. Return of service, subscribed and sworn to by H. H. Howie, Building Commissioner, of condemnation resolu- tion served upon I{laver Julien Hotel Company commanding them to appear before the City Council at a meeting to be held October 2, 1939, and to show cause why said building located upon City Lot 19S should not be declared a dangerous structure and a nuisance, presented and read. Councilman Van Duelman moved that the return of service be received and filed. Second- ed by Councilman Clark. Carried by the following vote: Yeas-Mayor Mur- phy, Councilmen Clark, Thompson, Van Duelman, Wharton, Nays-None. Return of service, subscribed and sworn to by H. H. Howie, Building Commissioner, of condemnation resolu- tion served upon Dubuque Biscuit Company commanding them to appear before the City Council at a meeting to be held October 2, 1939, and to show cause why said buildings located upon City hots 347 and 348 should not be declared dangerous structures and nuisances, presented and read, Mr. Louis Meyer, representing the Du- buque Biscuit Company, addressed the Council requesting that they be al- lowed areasonable length of time for the repairing and removal of the nui- sance caused by buildings located on City Lots 347 and 348. Councilman Clark m-oved that the return of service be received and filed and that the Du- buque Biscuit Company be granted a 60-day time limit for complying with the requirements of condemnation reso- lution for abating the nuisance caused by buildings located on City Lots 347 and 348. Seconded by Councilman Thompsat. Carried by the following vote: Yeas-Mayor Murphy, Council- men Clarlc, Thompson, Van Duelman, Wharton. Nays-None. Return of service, subscribed and sworn to by H, H. Howie, Building Commissioner, of condemnation resolu- tion served upon Realty Inv. Corp. commanding them to appear before the City Council at a meeting to be held October 2, 1939, and show cause why said building located upon Lot 284 of Rost Dubuque Addition No. 2 should not be declared a dangerous structure and a nuisance, presented and read. Councilman Thompson moved that the return of service 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. Return of service, subscribed and sworn to by H. H. Howie, Building Commissioner, of condemnation reso- lution served upon Anchor Investment Company commanding them to appear before the City Council at a meeting to be held October 2, 1939, and show cause why said building located upon Lot 19 of Correll's Subdivision should not be declared a dangerous structure and a nuisance, presented and read. Councilman Thompson moved that the return of service be received and filed. Seconded by Councilman Van Duel- man. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton, Nays-None. Return of service, subscribed and sworn to by H. H. Howie, Building Commissioner, of condemnation resolu- tion served upon P. J. and Minnie Nor- ton commanding them to appear be- fore the City Council at a meeting to be held October 2, 1939, and show cause why said building located upon City Lot 238 should not be declared a dangerous structure and a nuisance, Regular Session, October 2nd, 1939. 271 presented and read. Councilman Clark moved that the return of service be re- ceived and filed. Seconded by Coun- cilman Van Duelman. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton, Nays-None, Return of service, subscribed and sworn to by H. H. Howie, Building Commissioner, of condemnation reso- lution served upon Patrick O'Shea commanding him to appear before the City Council at a meeting to be held October Z, 1939, and show cause why said buildings located upon Lot 1 of Mineral Lot 14S should not be declared dangerous structures and nuisances, presented and read. Mr. Patrick O'Shea addressed the Council requesting that he be allowed a reasonable length of time for complying with' the require- ments of condemnation resolution or- dering the abating of the nuisance caused by sheds and barn on Lot 1 of Mineral Lot 145. Councilman Clark moved that the return of service be re- ceived and filed and that Patrick O'Shea be granted asixty-day time limit for complying with the require- ments of condemnation resolution or- dering the abating of the nuisance caused by sheds and barn located on Lot 1 of Mineral Lot 145. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thomp- son, Van Duelman, Wharton. Nays- Nane. Return of service, subscribed and sworn to by H. H. Howie, Building Commissioner, of condemnation resolu- tion served upon Catherine Smith com- manding her to appear before the City Council at a meeting to be held Octo- ber 2, 1939, and show cause why said building located upon Lot 14 of Yates' Sub. should not be declared a danger- ous structure and a nuisance, present- ed and read. Mr, Clement Smith ad- dressed the Council regttestiug that he be allowed a 30-day period in order that he may comply with the require- ments of condemnation resolution for the removal of the building located on Lot 14 of Yates' Sub. Councilman Clark moved that the return of service he received and filed and that iYlr, Clement Smith be granted a 30-day time limit for to comply with the requirements of condemnation res- olution ordering the removal of the building located on I,ot 14 of Yates' Sub. Seconded by Coun- cilman Thompson, Carried by the fol- lowing vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Petition of Peter J, Seippel ,Lumber Company, by Gilloon and Chalmers, its attorneys, requesting that the County Treasurer be authorized and directed to accept in full settlement of all de- linquent special assessments against their property and represented in Funds Nos. 793, 868 and 945, the prin- cipal amount of said delinquent special assessments with interest thereon at S°fo per annum without penalties and also that the County Auditor be au- thorized and directed to accept in full payment for the redemption from sale of said property for said special assess- ments the principal amount thereof, with interest at 5°fo per annum on the principal of said special assessments, included in said sale to the date of re- demption, excluding all penalties, plus the advertising fee and the sum of twenty-five cents for the redemption of each certificate, presented and read. Attorney Frank D. Gilloon addressed the Council requesting that favorable action be taken upon the petition of Peter J Seippel Lumber Company in order that they may be able to take care of the payments as outlined in their petition on or before October 27, 1939. Councilman Wharton moved to refer the petition to the City Manager and City Treasurer for investigation and report. Seconded by~Councilman Clark. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Petition of A, L. Brophy et al re- questing that the City Council make a survey of the building located at 1696 Jackson Street, Lowther Realty Com- pany, owners, and deny the privilege of turning this building into athree- story fiat building and also that the Council make a survey of the Lowther flats on 18th and Washington Streets, presented and read, Mr, A. L. Brophy et al addressed the Council protesting against the alteration of the Lowther building located at 1696 Jackson Street into athree-story flat building and re- questing that the Council view both this building at 1696 Jackson Street and also the Lowther flat building at 18th and Washington Streets. Council- man Clarlc moved that the petition be referred to the City Council to view the grounds. Seconded by Councilman Van Duelman. Carried by the follow- ing vote: Yeas-Mayor Murphy, Coun- cilmen Clark, Thompson, Van Duel- man, Wharton. Nays-None. Petition of Mr, and Mrs, Adam Link et al requesting the rerouting of the Grandview Avenue Bus to give serv- ice the entire length of Algona Street from 14th Street and then over New Highway 20 as soon as completed to Grandview Avenue, presented and read, Mrs, Adam Link et al addressed the Council requesting that favorable ac- tion be taken upon their petition in order that bus service will be made 272 Regular Session, October 2nd, 1939. available as outlined in their petition. Councilman Thompson moved that the petition be referred to the City Man- ager to confer with the officials of the Interstate Power Company and sub- mit areport back to the City Council. Seconded by Councilman Clark. Car- ried by the following vote: Yeas- Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Notice of Claim of A, W. Reifsteck in the amount of $26.88 for damages to his automobile caused itr striking a pro- truding manhole pipe or cover in Adair Street about ten or fifteen feet north of the 14th Street intersection on Adair Street, presented and read. Coun- cilman Van Duelman moved to refer the Notice of Claim to the City Solici- tor for investigation and report. Sec- onded by Councilman Clark. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thomp- son, Van Duelman, Wharton, Nays- None. Notice of Claim of Bessie L. Boehm in the amount of $14,85 for damages to her automobile caused in striking a de- fective curb in front of the premises known as 169 Bryant Street, presented and read. Councilman Thompsmi moved to refer the Notice of Claim to the City Solicitor for investigation and report. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton, Nays-None. Original Notice of Suit of Mrs. Cath- erine Avenarius, Plaintiff, vs. City of Dubuque, Defendant, in the amount of $2,500.00 for damages resulting from personal injuries sustained as a result of falling on a defective sidewalk in front of the building located on the North Westerly corner of Windsor Avenue and Regent Streets at a point within about 30 feet Northerly of said North Westerly corner of said street, presented and read. Councilman Thompson moved that the Original Notice of Suit be referred to the City Solicitor. Seconded by Councilman Clark. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Certificate of the Aetna Casualty and Surety Company appointing their Resi- dent Vice-Presidents and Resident As- sistant Secretaries of Des Moines, Iowa, with full power and authority to sign and execute, seal and attest, any and all bonds, recognizances, contracts of indemnity, or wrttings obligatory in the nature of a bond, recognizance, or conditional undertaking, presented and read. Councilman Clark moved that the Certificate of Authority be re- ceived and placed on file. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clarlc, Thompson, Van Duelman, Wharton. Nays-None. Petition of Thomas A. Wragg re- questing a refund in the amount of $75.00 on his cigarette permit as he has discontinued business, said refund to cover the unexpired three-quarters of the year, presented and read. Coun- cilman Van Duelman moved that the request be granted and that the City Auditor be instructed to draw a war- rant in the amount of $75.00 on the General Fund in'favor of Thomas A. Wragg to cover the amount of refund granted on his cigarette permit. Sec- onded by Councuman Wharton. Car- ried by the following vote: Yeas- Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Petition of L. Schuster requesting a refund in the amount of $75.00 on his cigarette permit as he is discontinuing business until next year, presented and read. Councilman Van Duelman moved that the request be granted and that the City Auditor be instructed to draw a warrant in the amount of $75.00 on the General Fund in favor of L. Schuster to cover the amount of refund granted on his cigarette permit. Seconded by Councilman Wharton. Carried by the following vote: Yeas- Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Petition of J. J. Nagle );state, by John A. Nagle ,requesting that the City Treasurer by instructed to draw a check in the approximate amount of $632.30 for canceled interest and pen- alties paid on delinquent special assess- ments in order that the same may be applied on the payment of further de- linquent special assessments, presented and read. Councilman Wharton moved that the petition be referred to the City Council. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Murphy, Council- men 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 August, 1939, presented and read. Councilman Clark moved that the proof of publication be received and filed. Seconded by Councilman Van Duelman. Carried by the follow- ing vote: Yeas-Mayor Murphy, Coun- cilmen Clark, Thompson, Van Duel- man, Wharton. Nays-None. Regular Session, October 2nd, 1939. 273 October 2, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen:- At the session of the City Council held September 5, 1939, the communi- cation of Mrs. Frank Zemanek sub- mitting aplumbing bill in the amount of $25.94 for damages alleged to have been caused by city men to removing a tree in front of her residence at 1305 Lincoln Avenue was referred to the City Manager for investigation and re- port, I have inquired into the situation and find that the Park Board removed a tree at the above address and left the stump about 18 inches above the ground. In answer to a complaint, street department employees were sent to remove the stump. On arriving they noticed that the water stop box was broken and in grubbing the stump en- countered water. Mrs, Zemanek was notified of the condition and the city workmen withdrew from the job for several days while water line repairs were made by Nesler & Buechel, plumbers, whom Mrs, Zemanek hired. On the completion of the plumbing work the city workmen returned and removed the stump and replaced the sidewalk that was broken in the grub- bing. From the facts adduced from my in- vestigation I am of the opinion that the water service at 1305 Lincoln Ave- nue was not broken by city employees and that the city is not liable for the plumbing bill. Therefore, I recommend that the' communication be received and. filed. Respectfully submitted, A. A. RH()MBRRG, City Manager. Councilman Wharton moved that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Clark. Carried by the fol- lowing vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman; Wharton. Nays--None. October 2, 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 M. A. Herbst et al requesting the Council to reconsider its action to the matter of installing a street light at the inter- section of Windsor Avenue and Provi- dence Street was referred to the City Council to view the grounds. Subsequently the Council did view the location and decided to accomplish the purpose by having the overhead light at the southwest corner of Wind- sor and $ast 22nd Street moved to the northeast corner adjacent to Provi- dence Street. The installation is now ;omplete and the light was put into service in the new location on Sepfember 29, 1939. Respectfully submitted, A. A. RHOMB$RG, City Manager. Councilman Van Duelman moved that the communication of City Man- ager Rhomberg be made a matter of record. Seconded by Councilman Thompson. Carried by the fallowing vote: Yeas-Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton. Nays-None, October 2, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the session of the City Council held August 7, 1939, the communica- tion of J. $. Kemler calling the atten- tion of the City Council to the condi- tion of West Third Street near Col- lege Street was referred to the City Manager for investigation and report, I have examined the conditions men- tioned in the letter and found that sev- eral patches of gutter on the south side of West Third Street have poor con- crete that has weathered badly, prob- ably from alternate freezing and thaw- ing, West Third Street at this point is an asphalt street with concrete gut- ters that has developed some cracks from age, use and weathering. The street department has been ordered to make the necessary repairs. Respectfully submitted, A. A. RHOMBIrRG, City Manager. Councilman Wharton moved that the communication of City Manager Rhomberg be received and made a matter of record. Seconded by Coun- cilman Clark. Carried by the follow- ing vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Resolution No. 171-39 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 fo issue such permit on behalf of said City: Name Address Leo Link, 1487 Centre] Avenue. j, '~~~i', ri ~G ~,~~ 274 Regular Session, October 2nd, 1939. Be It Further Resolved, That the bond filed with the application he ap- proved, found to comply with the ordinances of this City and they have filed a proper bond; Now, Therefore, Passed, adopted and approved this 2nd day of October, 1939. CARL A. CLARK, Mayor, FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R, MURPHY, F. W. THOMPSON, Councilmen. Attest; J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Second- ed by Councilman Wharton. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thomp- son, Van Duelman, Wharton. Nays- None, Resolution No. 172-39 Whereas, Application for Class "C" Beer Permit has been submitted to this Council for approval and the same has been examined; Now, Therefore, Be It Resolved by the Caunci( of the City of Dubuque that the follow- ing application be and the same is here- by approved and it is ordered that the premises to be occupied by such appli- cant shall be forthwith inspected. Class "C" Permit Name Address Tenenbom Super-Market, Inc., 630 Locust Street. Passed, adopted and approved this 2nd day of October, 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. 173-39 Whereas, Heretofore application was filed by the within named applicant for Class " C" Beer Permit and has re- ceived the approval of this Council; and Whereas, The premises to be occu- pied by them have been inspected and 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 applicant a Beer Permit. Class "C" Permit Name Address Tenenbom Super-Market, Inc., 630 Locust Street. Be It Further Resolved, That the bond filed by such applicant be and the same is hereby approved. Passed, adopted and approved this 2nd day of October, 1939. GEO. R. MURPHY, Mayor, FRANK VAI~j 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, Thomp- son, Van Duelman, Wharton. Nays- None, Resolution No. 174-39 Whereas, Applications for Class "B" Beer Permits have been submitted to this Council for approval and the same have been examined; Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the following applications be and the same are here- by approved and it is ordered that the premises to be occupied by such appli- cants shall be forthwith inspected. Class "B" Permit Name Address Dorrance Clancy and Mrs. Margaret Clancy (Transfer of address from 336 Main Street), 469 Main Street; Dor- rance Clancy and Mrs. Margaret Clan- cy (Renewal), 469 Main Street. Passed, adopted and approved this 2nd day of October, 1939, GEO. R, MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A, CLARK, F. W. THOMPSON, Councilmen. Attest: J, J. SHEA, City Clerk. Regular Session, October 2nd, 1939. 275 Councilman Thompson moved the adoption of the resolution. Seconded by Councilman Wharton, Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thomp- son, Van Duelman, Wharton. Nays- None, Resolution No, 175-39 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 prop- er 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 Dorrance Clancy and Mrs. Margaret Clancy (Transfer of address from 336 Main Street), 469 Main Street; Dor- rance Clancy and Mrs. Margaret Clan- cy (Renewal), 469 Main Street. Be It Further Resolved, That the bonds filed by such applicants be and the same are hereby approved, Passed, adopted and approved this 2nd day of October, 1939. GEO. R, MURPHY, Mayor FRANK VAN DUELMAN, ALBERT WHARTON, CARL A, CLARK, F, W. THOMPSON, Councilmen. Attest: J, J, SHEA, City Clerk. Councilman Thompson moved the adoption of the resolution, Seconded by Councilman Wharton, Carried by the following vote; Yeas-Mayor Mur- phy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Resolution No. 176-39 Whereas, Applications for Class "B" Beer Permits have been submitted to this Council for approval and the same have been examined; Now, Therefore, Be It Resolved by the Council of the City of Dubuque ,that the following applications be and the same are here- by approved and it is ordered that the premises to be occupied by such appli- cants shall be forthwith inspected. Class "B" Permit Name Address Hubert Melssen and Veronica Mels- sen, 1389 Elm Street; J, H. Jassman, 390 East 12th Street; Eugene P, Mc- Cann, 802 Iowa Street; Joseph W, Hanten and Virginia Hanten, 2220 Del- hi Street; Edward J. Duccini and Ma- bel Duccini, 1698 Maple Street; Mrs. Elsie Recker (Transfer of address from 1766 Central Avenue), 127 West Sixth Street; Mrs, Elsie Recker (Renewal), 127 West Sixth Street. Passed, adopted and approved this 2nd day of October, 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 Thompson, Car- ried by the following vote: Yeas- Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Resolution No. 177-39 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 Couhcil Qf 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 Hubert Melssen and Veronica Mels- sen, 1389 Elm Street; J, H. Jassman, 390 East 12th Street; Eugene P. Mc- Cann, 802 Iowa Street; Joseph W. Hanten and Virginia Hanten, 2220 Del- hi Street; Edward J Duccini and Ma- bel Dnccini, 1698 Maple Street; Mrs. Elsie Recker (Transfer of address from 1766 Central Avenue), 127 West Sixth Street; Mrs, Elsie Recker (Renewal), 127 West Sixth Street. Be It Further Resolved, That the bonds filed by such applicants be and the same are hereby approved, ~`I'u lY'` , I I+li'p 276 October 2nd, 1939. Passed, adopted and approved this 2nd day of October, 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. October 2, 1939. Honorable Mayor and City Council, Dubuque,-Iowa. Gentlemen:- Under date of September 19, 1939, there was referred to this office, the petitions of Mrs. Katie A. Miller, Mrs. Mary Doyle and James Sullivan far the suspension of 1938 taxes. I have investigated these petitions and attach hereto my report on the findings. Yours very truly, AL. J. NELSON, City Solicitor. Councilman Van Duelman moved that the communication of City Solici- tor Nelson be 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. Councilman Clark moved that the pe- tition of Mrs. Katie A. Miller, request- ing suspension of the 1938 taxes on Lots 9 and 10 of Johnston's Subdivi- sion, be granted and that the Board of Supervisors be notified of the action of the City Council. Seconded by Coun- cilman Thompson. Carried by the fol- lowing vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None, Councilman Clark moved that the petition of James Sullivan, requesting cancellation of the 1938 taxes on the South one-half of City Lot 332, be granted and that the Board of Super- visors be notified of the action of the City Council. Seconded by Council- man Thompson. Carried by the fol- lowing vote: Yeas-Mayor Murphy, Councilmen ,' Clark, Thompson, Van Duelman, Wharton. Nays-None. Councilman Clark moved that the pe- tition of Mrs. Mary Doyle, requesting cancellation of the 1938 taxes on the North / of City Lot S$4, Lot 2 of City Lot 555 and Lot 4 of City I,ot SS5, be granted and that the Board of Super- visors be notified of the action of the City Council. Seconded by Councilman Thompson. host by the following vote: Yeas-Councilmen Clark and Thompson. Nays-Mayor Murphy, Councilmen Van Duelman and Whar- ton. Resolution No. 178-39 Whereas, Under appropriate pro- ceedings heretofore taken by this Coun- cil, acertain structure located upon City Lot 193, in the City of Dubuque, Iowa, owned by Wm. Lowther, has been 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 to show cause why said building should not be declared to be 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 2nd day of December, 1939, Be It Further Resolved that the Building Commissioner be, and he is hereby directed to serve upon the said Wm. Lawther, a written notice requir- ing him to abate said nuisance and to take down and demolish said building on or before the 2nd day of December, 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 taken down and the nuisance caused thereby shall be abated by, and under the direc- tions of the Chief of the Fire Depart- ment of the City of Dubuque, and all costs thereof and expenses incident thereto shall be assessed against the above described real estate. Passed, adopted and approved this Znd day of October, 1939. ,GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL, A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk, Session, October 2nd, 1939. Councilman Van Duelman moved the adoption of the resolution. Second- ed by Councilman Thompson. Carried by the fallowing vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson Van Duelman, Wharton. Nays-None Reesolution No. 179-39 Whereas, Under appropriate pro- ceedings heretofore taken by this Council, certain structures on hots 347 and 348, in the City of Dubuque, Iowa, owned by the Dubuque Biscuit Co. have been 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 to show cause why said building should not be declared to be a nui- sance and ordered abated; Now, There- fore Be It Resolved by the City 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 it is ordered abated and taken down on or before the 2nd day of December, 1939. Be It Further Resolved, That the Building Commissioner be, and he is hereby directed to serve upon the said Dubuque Biscuit Company written no- tice requiring them to abate said nui- sance and to take down and demolish said buildings on or before the 2nd day of December, 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 taken 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 expenses in- cident thereto shall be assessed against the above described real estate. Passed, adopted and approved this 2nd day of October, 1939, GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBEIT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. 277 Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton, Nays-None. Resolution No. 180-39 Whereas, Under appropriate pro- ceedings heretofore taken by this Council, a certain structure located upon hots 2 and 4 of SSS in the City of Dubuque, Iowa, owned by Mary F, Doyle, have been declared to be dan- gerous, due to dilapidation, lack of re- pair, and other causes, and the owners thereof were given an opportunity to be heard and to show cause why said buildings should not be declared to be 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 buildings above described be, and the same are hereby declared to be a nuisance and they are ordered abated and taken down on or before the 1Sth day of April, 1940. Be It Further Resolved, That the Building Commissioner be, and he is hereby directed to serve upon the said Mary F. Doyle, a written notice re- quiring her to abate said nuisance or to take down and demolish said buildings on or before the 15th day of April, 1940, 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 buildivgs shall be demolished and tak- en down and the nuisance caused thereby shalt be abated by and under the directions of the Chief of the Fire Department of the City of Dubuque, and al] costs thereof and expenses in- cident thereto shall be assessed against the above described real estate. Passed, adopted and approved this 2nd day of October, 1939. GEO. R. MIJRPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W, THOMPSON, Councilmen. Attest: J, J, SHEA, City Clerk, 278 Regular Session, October 2nd, 1939. Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Thompson. Car- ried by the following vote: Yeas- Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Resolution No, 181-39 Whereas, Under appropriate pro- ceedings heretofore taken by this Coun- cil, acertain structure located upon the North one-third of City I,ot SS4, in the City of Dubuque, Iowa, owned by Mary F. Doyle has been declared to be dangerous, due to dilapidation, lack of repair, and other causes, and the owners thereof were given an op- portunity to be heard and to show cause why said building should not be declared to be 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 buildings above described be, and the same are hereby declared to be a nuisance and they are ordered abated and taken down on or before the 1$th day of April, 1940. Be It Further Resolved, That the Building Commissioner be, and he is hereby directed to serve upon the said Mary F. Doyle, a written notice re- quiring her to abate said nuisance and to take down and demolish said build- ings on or before the 1Sth day of April, 1940, attaching to said notice copy of this resolution. Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Wharton. Car- ried by the following vote: Yeas- I14ayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Resolution No. 182-39 Whereas, Under appropriate pro- ceedings heretofore taken by this Coun- cil, acertain structure located upon City Lot 19S in the City of Dubuque, Iowa, owned by the Klauer Julien Ho- tel Co. has been declared to be dan- gerous, due to dilapidation, lack of re- pair, and other causes, and the owners thereof were given an opportunity to be heard and to show cause why said building should not be declared to be 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 buildings above described be, and the same are hereby declared to be a nuisance and they are ordered abated and taken down on or before the 2nd day of De- cember, 1939. Be It Further Resolved that the Building Commissioner be, and be is hereby directed to serve upon the said Klauer Julien Hotel Co. a written no- tice requiring it to abate said nuisance or to take down and demolish said building on or before the 2nd day of December, 1939, attaching to said no- tice copy of this resohition. 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 buildings shall be demolished and tak- en down and the nuisance caused there- by shall be abated by and under the directions of the Chief of the Fire De- partment of the City of Dubuque, and all costs thereof and expenses inci- dent thereto shall Ue assessed against the above described real estate. Passed, adopted and approved this 2nd day of October, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL, A. CLARK, F. VV. THOMPSON, Councilmen. Attest. J. J. SHEA, City Clerk. 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 buildings shall be demolished' and taken down and the nuisance caused thereby shall be abated by and under the direc- tions of the Chief of the Fire Depart- ment of the City of Dubuque, attd all costs thereof and expenses incident thereto shall be assessed against the above described real estate. Passed, adopted and approved this 2nd day of October, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Session, October 2nd, 1939. Councilman Vau Duelman moved the adoption 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. 183-39 Whereas, Under appropriate proceed- ings heretofore taken by this Council, certain building on Lot 3 of Lot 9, Union Addition in the City of Du- buque, Iowa, owned by C. J. Jung- wirth and S. Wiedner has been declared to be dangerous, due to dilapidation, lack of repair, and other causes, and the owners thereof were given an op- portunity to be heard and to show cause why said building should not be declared to be 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 2nd day of December, 1939. Be It Further Resolved that the Building Commissioner be, and he is hereby directed to serve upon the said C. J. Jungwirth and S. Wiedner a writ- ten notice requiring them to abate said nuisance and to take down and demol- ish said building on or before the 2nd day of December, 1939, attaching to said notice copy of the resolution. Be It Further Resolved that should said owners fail to demolish or abate said nuisance within the- time herein provided, then and in that event said building shall be demolished and taken down and the nuisance caused thereby shall be abated by and under the direc- tions of the Chief of the Fire Depart- ment of the City of Dubuque, and all costs thereof and expenses incident thereto shall be assessed against the above described real estate. Passed, adopted and approved this 2nd day of October, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk 279 Councilman Van Duelman moved the adoption of the resolution. Second- ed by Councilman Wharton. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton, Nays-Noce. Resolution No. 184-39 1Vhereas, Under appropriate proceed- ings heretofore taken by this Council, certain building on Lot 10, Central Ad- dition, in the City of Dubuque, Iowa, owned by Richard Fuhrmann and/or John O'Brien has been declared to be dangerous, due to dilapidation, lack of repair, and other causes, and the own= ers thereof were given an opportunity to be heard and to show cause why said building should not be declared to be 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 2nd day of December, 1939. Be It Further Resolved that the Building Commissioner be, and he is hereby directed to serve upon the said Richard Fuhrman and/or John O'Brien a written notice requiring him to abate said nuisance and to take down and demolish said buildings on or before the 2nd day of December, 1939, at- taching to said notice copy of the reso- lution. 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 taken down and the nuisance caused thereby shall be abated by and under the direc- tions of the Chief of the Fire Depart- ment of the City of Dubuque, and all costs thereof and expenses incident thereto shall be assessed against the above described real estate. Passed, adopted and approved this 2nd day of October, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARI, A. CLARK, F. W. THOMPSON, Councilmen. Attest: J, J, SHEA, 'City Clerk. 280 Regular Session, October 2nd, 1939, '~ Regular Session, October 2nd, 1939. 281 Councilman Van Duelman moved the adoption of the resolution. Second- ed by Councilman Wharton. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-Noce. Resolution No. 185-39 Whereas, Under appropriate proceed- lugs heretofore taken by this Council, - certain structure on the South One-half of I,ot 19, Correll's Subdivision, in the City of Dubuque, Iowa, has been de- dared to be dangerous, due to dilapida- - tiou, lack of, repair, and other causes, • which building is awned by the Anchor Investment Co., and the said owners _ thereof were given an opportunity to be heard and to show cause why said building should not be declared to be 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 2nd day of December, 1939, Be It Further Resolved that the Building Commissioner be, and he is hereby directed to serve upon the said Anchor Investment Co. a written no- tice requiring them to abate said nui- sance and to take down and demolish said building on or before the 2nd day of December, 1939, attaching to said notice copy of the 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 taken down and the nuisance caused thereby shall be abated by and under the direc- - tions of the Chief of the Fire Depart- ment of the City of Dubuque, and all - costs thereof and expenses incident - thereto shall be assessed against the above described real estate. - Passed, adopted and approved this 2nd day of October, 1939. - i GEO. R. MURPHY, Mayor. FRANK VAN DUETaMAN, ALBERT WHARTON, CARL, A, CLARK, F, W. THOMPSON, Councilmen. - Attest: J. J, $H$A, City Clerk, Councilman Van Duelman moved the adoption of the resolution. Second- ed by Councilman Clark. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Vau Duelmau, Wharton, Nays-None. Resolution No. 186-39 Whereas, Under appropriate proceed- ings heretofore taken by this Council, a certain structure located on City I,ot 238 itt the City of Dubuque, Iowa, owned by P. J, and Minnie Norton has been declared to be dangerous, due to dilapidation, lack of repair, and other causes, attd the owners thereof were given an opportunity to be heard and to show cause why said building should not be declared to be 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 attd taken down on or before the 2ttd day of December, 1939. Be It Further Resolved that the Building Commissioner be and he is hereby directed to serve upon the said P. J. and Minnie Norton a written no- tice requiring them to abate said nui- sance and to take down and demolish said building on or before the 2nd day of December, 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 taken down and the nuisance caused thereby shall be abated by and under the direc- tions of the Chief of the Fire Depart- ment of the City of Dubuque, and all costs thereof and expenses incident thereto shall be assessed against the above described real estate. Passed, adapted and approved this 2nd day of October, 1939, G$O. R. MURPHY, Mayor. FRANK VAN DU$I,MAN, ALBERT WHARTON, CARL, A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelmau moved the adoption of the resolution. Second- ed by Councilman Wharton. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Reesolution No. 187-39 Whereas, Under appropriate proceed- ings heretofore taken by this Council, a certain structure located on I,ot 1 of Mineral Toot 14S in the City of Du- buque, Iowa, owned by Patrick O'Shea. has been 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 to show cause why said building should not be declared to be 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 2nd day of December, 1939. Be It Further Resolved that the Building Commissioner be, and he is hereby directed to serve upon the said Patrick O'Shea a written notice requir- ing him to abate said nuisance and to take down and demolish said building on or before the 2nd day of December, 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 taken down and the nuisance caused thereby shall be abated by and under the direc- tions of the Chief of the Fire Depart- ment of the City of Dubuque, and all costs thereof and expenses incident thereto shall be assessed against the above described real estate, Passed, adopted and approved this 2nd day of October, 1939. Councilman Van Duelmau moved the adoption of the resolution. Second- ed by Councilman Wharton. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelmau, Wharton. Nays-None. Resolution No. 188.39 Whereas, Under appropriate proceed- ings heretofore taken by this Council, a certain building on City I,ot 22, Union Addition, to the Ctty of Du- buque, Iowa, and owned by Wm. J. Robinson and J. P. Hanten, Mortgagee, has been declared to be dangerous, due to dilapidation, lack of repair, and other causes, and the owner thereof was giv- en an opportunity to be heard and to show cause why said building should not be declared to be 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 2nd day of December, 1939. Be It Further Resolved that the Building Commissioner be, and he is hereby directed to serve upon the said Wm. J. Robinson, and J. P, Hanten a written notice requiring them to abate said nuisance and to take down and demolish said building on or before the 2nd day of December, 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 taken down and the nuisance caused thereby shall be abated by and under the direc- tions of the Chief of the Fire Depart- ment of the City of Dubuque, and all costs thereof and expenses incident thereto shall be assessed against the above described real estate. Passed, adopted and approved this 2nd day of October, 1939. GEO, R. MURPHY, Mayor. GEO. R. MURPHY, Mayor, FRANK VAN DUELMAN, FRANK VAN DUEI;MAN, ALBERT WHARTON, ALBERT WHARTON, CARI, A. CLARK, CARI, A. CI{ARK, li, W, THOMPSON, F, W, THOMPSON, Councilmen. Councilmen, Attest: J, J. SHEA, City Clerk. I Attest: J. J. SHEA, City Clerk. 282 Regular Session, October 2nd, 1939. Councilman Van Duelman moved the adoption of the resolution. Second- ed by Councilman Thompson. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton, Nays-None. Councilman Van Duelman moved the adoption of the resolution. Second- ed by Councilman Wharton. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Resolution No. 189-39 Whereas, Under appropriate proceed- ings heretofore taken by this Council, a certain structure located on Lot 14, Yates' Sub., in the City of Dubuque, Iowa, owned by Catherine Smith has been 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 to show cause why said building should not be declared to be a nuisance and ordered abated; Now, Therefore, Be It Further 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 nui- sance and it is ordered abated and tak- en down on or before the 2nd day of November, 1939. ' Be It Further Resolved that the Building Commissioner be, and he is hereby directed to serve upon the said Catherine Smith, a written notice re- quiring them to abate said nuisance and to take down and demolish said build- ing on or before the 2nd day of Novem- ber, 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 taken down and the nuisance caused thereby shall be abated by and under the direc- tions of the Chief of the Fire Depart- ment of the City of Dubuque, and all costs thereof and expenses incident thereto shall be assessed against the above described real estate. Passed, adopted and approved this 2nd day of October, 1939, G130, R, MURPHY, Mayor, FRANK VAN DUELMAN, ALBERT WHARTON, CARL.A. CLARK, F. W. THOMPSON, Councilmen, Attest: J. J, SHEA, City Clerk. Resolution No. 190-39 Whereas, Under appropriate proceed- ings heretofore taken by this Council, a certain structure located upon the $, 33' 6" of City Lot 643, in the City of Dubuque, Iowa, owned by C. F, Hay, Muncie, Indiana, and Mrs. Frances Stark of Detroit, Michigan, sole and surviving legal heirs of J. $. Fairbanks, has been declared to be dangerous, due to dilapidation, lack of repair, and other causes, and the owners thereof were given an opportunity to be heard and to show cause why said building should not be declared to be a nuisance and ordered abated; Now, Therefore, Be It Resolved by the City Council of the City of Dubuque after full and fair consideration, that the building above described be, and the same is hereby declared to be a nuisance and it is ordered abated and taken down on or before the 1Sth day of April, 1940. Be It Further Resolved that the Building Commissioner be, and he is hereby directed to serve upon the said C. F. Hay and Mrs, Frances Stark a written notice requiring them to abate said nuisance and to take down and demolish said building on or before the 1Sth day of April, 1940, attaching to said notice copy of this resolution. Be It Further Resolved that should said owner fail to demolish or abate said nuisance within the time herein provided, then and in that event said building shall be demolished and taken down and the nuisance caused thereby shall be abated by and under the direc- tions of the Chief of the Fire Depart- ment of the City of Dubuque, and all costs thereof and expenses incident thereto shall be assessed against the above described real estate. Passed, adopted and approved this 2nd day of October, 1939. G1;0. R. MURPHY, Mayor. FRANK VAN DU$LMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Regular Session, October 2nd, 1939. 283 Councilman Van Duelman moved the adoption of the resolution. Second- ed by Councilman Wharton. Carried by the following vote; Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton, Nays-None. Resolution No. 191-39 Whereas, Under appropriate proceed- ings heretofore taken by this Council, certain Structure on I,ot 284 $ast Du- buque No, 2 Addition, in the City of Dubuque, Iowa, owned by the Realty Inv.- Corp,, has been declared to be dangerous, due to dilapidation, lack of repair, and other causes, and the own- ers thereof were given an opportunity to be heard and to show cause why said building should not be declared to be a nuisance and ordered abated; Now, Therefore, Be It Resolved by the City Council of the City of Dubuque, after full and fair consideration, that the buildings above described be, and the same is hereby declared to be a nuisance and it is ordered abated and taken down on or before the 2nd day of December, 1939. Be It Further Resolved that the Building Commissioner be, and he is hereby directed to serve upon the said Realty Inv. Corp, written notice requir- ing them to abate said nuisance and to take down and demolish said buildings on or before the 2nd day of December, ]939, attaching to said notice copy of the resolution. Be It Further Resolved that should said owner fail to demolish or abate said nuisance within the time herein provided, then and in that event said building shall be demolished and taken down and the nuisance caused thereby shall be abated by and undeX the direc- tions of the Chief of the Fire Depart- ment of the City of Dubuque, and all costs thereof and expenses incident thereto shall be assessed against the above described real estate. Passed, adopted and approved this 2nd day of October, 1939. G1;0. R. MURPHY, Mayor. FRANK VAN DU$LMAN, 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 Wharton, Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. There being no further business Councilman Thompson moved to ad- journ. Seconded by Councilman Clark. Carried by the following vote: Yeas- Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton, Nays-None. J. J. sH1;aA, City Clerk. Approved _____________________ 1939. Adopted _______________________ 1939. ----------------------- Councilmen: _______________________ Attest: ----------------------------- City Clerk. 284 Special Session, October 6th, 1939, Special Session, October 6th, 1939. 285 City Council (O11'icial.) Special Session, October 6th, 193.4 Council met at 5:40 P. M. Passed, adopted and approved this 6th day of October, 1939. was referred to the City Manager and 'Treasurer for investigation and report, 1Ve have examined the records m the offices of the County Auditor and County Treasurer .and have listed the information there obtained on the at- tached two sheets, showing the amounts involved in tax certificates and the de- linquents unpaid since the certificates were issued, We recommend that the. matter of the delinquency involved itt certificates be adjusted by the petitioner paying in the office of the County Auditor the principal amount of the assessments plus S°fo interest to October 27, 1939, plus advertising costs and that a war- rant be ordered drawn on the Special Bonded Fund in the amount of $393.87 representing the penalties thus waived. We farther recommend that the mat- ter of the delinquency since the cer- tificates were issued be adjusted by in- atructing the County Treasurer to ac- cept in full payment thereof the princi- pal amounts of said delinquent special assessments with interest thereon at S% per annum plus advertising costs, thereby waiving the penalties. Respectfully submitted, A. A. RHOMBERG, City Manager. OTTO F. PULS, City Treasurer. Couucihnau Clark moved that the recommendation of City Manager Rhomberg and City Treasurer Puls be approved and that the City Auditor be instructed to draw a warrant in the amount of $393.87 against the Special Bonded Fund representing the penal- ties waived and that the County Audi- tor and County Treasurer be instructed as reconnnended. Seconded by Coun- cilman Thompson. Carried by the fol- iowing vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van .Duelman, 1Vharton. Nays-None. October 6, 1939. 'lo the Ionorable Mayor and City Council, Dubuque, Iowa. Re: Claim of A. W. Reifsteclz Gentlemen: On October 2, 1939, the City Coancil referred to ine for investigation and re- port the claim of A. W. Reifsteclz, filed September 29, 1939, for damages to his automobile, alleged to have been in- curred September 28, 1939, on Adair Street just North of West 14th Street; when he ran into and against a pro- truding manhole pipe adjacent to the i oadway in the street, by reason of which both tires and inner tubes on the right side of the claimant's car were cut and puncttu•ed, and necessitated the purchase of two new tires, claim for which was filed in the sum of $26,88. I beg to advise that I have complet- ed investigation of this claim and find that this accident did take place as in- dicated in said claim, and that there does exist in Adair Street just North of West 14th Street, a manhole pipe which extends above the surface or ground of street about 6 or 8 inches, and that the top of this manhole pipe, which is of iron or steel, is very sharp. This pipe is just east of the center of this street and partly covered by grow- ing- weeds. 1 also investigated the condition of the tires of claimant's car and found that both the front and rear tit•es and tubes used on the right side of the car .were cut, damaged and punctured, ne- cessitating their replacement by two new tires. [ ant satisfied that the condition of the manhole in this street constitutes an obstruction and nuisance and that the City is liable in this case, and I, therefore, recommend that the claim be allowed in the sum of $26.88 and that upon signing the receipt and release, warrant he drawn payable to A. W. Reifsteck in the sum of $26.88. I am returning the claim herewith. Respectfully submitted, AL. J. N$LSON, City Solicitor. Present-Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton, City Manager Rhomberg, Meeting called by order of Councilmen Clark and Thompson. Mayor Murphy read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of considering the report and recommendation of City Manager Rhomberg and City Treasur- er Puls upon the petition of the Peter j. Seippel Lumber Company, in which petition the Peter J, Seippel Lumber Company requests the waiving of pen- alties on special assessments levied against their property as set out in their petition, attd acting on any other busi- ness as may properly come before a regular meeting of the City Council. Petition of Carl L, Grabow, Director of Recreation, requesting permission for the holding of a Halloween parade and street dance on Tuesday evening, October 31, 1939, presented and read. Councilman Clark moved that the re- quest be granted. Seconded by Coun- cilman Thompson. Carried by the fol- lowing vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton, Nays-None. Council Proceedings for the month of August, 1939, presented for approval. Councilman Clark moved that the Council Proceedings for the month of August, 1939, be approved as printed, Seconded by Councilman Wharton. Carried by the following vote: Yeas- Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton, Nays-None. Resolution Na. 192-39 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 Address John A ,Armstrong, 398 Main Street. Be It Further Resolved that the bond filed with the application be approved. GIirO. R, MURPHY, Mayor. FRANK VAN DUIfLMAN, ALB$RT WHARTON, CARL, A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SH$A, 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. October 6, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have ap- proved the following bond and policy and desire to have your approval on same for filing: Personal C. J. McCarthy, Harbor and Market Master, No, 831463, New Amsterdam Casualty Co. Taxicab Yellow Cab Company, 9th and Iowa Streets, Policy No. 8765, Lloyd's, Lon- don, 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 following vote: Yeas- Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. October 6, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: At the session of the City Council, held October 2, 1939, the petition of the Peter J, Seippel Lumber Co. requesting the waiving of penalties on special as- sessments levied against the following described property: Sub, of City 5S1 Lots 1, 2 and 3, Sub, of City S 84' of 5S2A, Sub, of City N 50' of S52A. Dub. Har, Co. Add, Lot 1 B13, Dub. Har. Co. Add, Lot 2 B13. Dub. Har, Co. Add. Lot 3 B13, Dub. Har. Co. Add, Lot 10 B13 Dub. Har, Co. Add. Lot 11 B13 Dub. Har. Co, Add. Lot 12 B13, Sub. 3 Industrial Sub, Lot 2, Blk. C. Sub, 17 Wilson's Sub. Lot 2), Sub. 18, Wilson's Sub, Lot 2). Councilman Va^ Duelman moved that the recommendation of City So- licitor Nelson be approved and that the Cit}= Auditor be instructed to draw a to=arrant in the amount of $26.88 against the General Fund in favor of A. W. Reifsteck as settlement in full of the damage claim of said A. W. Reifsteck, said damage being caused in striking a protruding manhole pipe on Adair Street just north of West 14th Street. Seconded by Councilman Clark. Car- ried by the following vote: Yeas- 14ayor Murphy, Councilmen 'Clark, Thompson, Van Duelman; Wharton. Nava-None. October 6, 1939. Honorable Mayor and City Council, Duhuque, Iowa. Re: Claim of John Bjerke Geutlemen:- On August 30, 1939, the City Council referred to me for investigation and t•e- port the claim of John Bjerke filed August 24, 1939, asking for payment of doctor bills and loss of time in an un~ stated amount on account of injuries alleged to have been sustained on Aug- ust 16, 1939, while the claimant was at $agle Point Park for a picnic supper and fell over a wall and broke his left wrist. I beg to advise that I have completed investigation of this claim and find that under tle haws of our State the main- 286 Session; October 6th, 1939. tenance of a public park of the City is the exercise of a governmental func- tion, and the City is not liable for dam- ages for the negligence of any of its officers or employees engaged iu the maintenance of said park. In view of this I respectfully recom- mend that the claim be denied. I am returning herewith the original claim as filed with the City Clerk. Yours very truly, AL. J. N$I,SON, City Solicitor. Councilman Clark moved that the recommendation of City Solocitor Nel-, son be approved and that the claim be disallowed. Seconded by Cowtcilman Wharton. Carried by the following vote: Yeas-Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton. ~ Nays-None. October 6, 1939. Honorable Mayor and City Council, Dubuque, Iowa. Re: Claim of Mrs. Fred Rusch Gentlemen:- At a meetiug~ of the City Council o^ May 16, 1939, there was referred to me far investigation and report the claim of Mrs. Fred Rusch filed May 9, 1959, for damages in the sum of $200.00 for injm~ies alleged to have been sustained by the claimant on the 6th day of March, 1939, while the claimant was wallring on the Westerly side of Jaclc- sou Street between Fifteenth Street and Sixteenth Street, when she is al- leged to have fallen on an icy sidewalk, fracturing her left arm and which claim alleges that her injuries were due to the negligence of the City. I beg to advise that I have complet- ed investigation of this claim and find that this walk was covered at the time with a thin coating of slippery ice which was not iu such condition as to make the city liable for any perso^ falling thereon. I further find that this accident hap- pened on March 6, 1939, and that claim therefor was not filed evith the City un- til May 9, 1939, more than sixty days after the happening o{ the accident, and that under the provisions of Sectimr 11007 of the Code of Iowa of 1935 the claim is outlawed in that it was not filed with the City within sixty days from the happening of the injury. I would, therefore, respectfully rec- ommend that the claim be denied. I am returning the original of the claim here- wi th. Respectfully submitted, Ail. J. N)~I,SON, City Solicitor. Councilman Clark moved that the recommendation of City Solicitor be ao• proved and that the claim be disaY lowed. Seconded by Councilman 'I'hontpson. Carried by the following vote: Yeas-Mayor Murphy, Council- men Clark, Thompson, Van Duelman; Wharton. Nays-None. October 6, 1939, Honorable Mayor and City Council; Dubuque, Iowa. Re: Claim of Mary Van Vors Gentlemen :- On February 27, 1939, there was re (erred to me far investigation and re- port the claim of Miss Mary Van Vors, Tiled February 14, 1939, for damages in the sum of $175.00 oh account of in• jw~ies alleged to have been sustained by her on January 2, 1939, in a fall on the crosswalk upon the South side of Twetttietlt Street, at the intersection of Jackson Street, in the City of Dubuque, i^ which the claimant alleged injuries were sustained by her consisting of a broken wrist and other injuries, said clahtt alleging that said damages were due to the rough and uneven condition of the snow and ice upon this cross- walk and to the negligence of the City. I beg to advise that I have completed au investigation of the facts and cir cumstances surrounding this claim and find, that the claimant did sustain the injuries alleged to have been sustained by her in a fall at the place in question on the date alleged, and that at the time said injuries were sustained, there was considerable ice and snow upon the crosswalk where this accident hap- pened iu such a rough and uneven con- dition that negligence might be imputed to the City and made the basis of a sui9 against the City. From the evidence ~ adduced as the result of the investiga tion made, I am cmtvinced that them was liability in this case, I further I'md that the claimant was, at the time of her alleged injury, em- ployed at the A. Y. McDonald Com pauy and earning approximately $20A0 per week, and that she was unable tr, work for a period of live weeks. I respectfully recommend that this claim be settled by the payment to the claimant of the sum of One I3undred Fifty and iio/100 ($150.00) Dollars, and that upon her signing the enclosed re- ceipt and release, a warrant be drawn iu the sum of Oue Hundred Fifty ($I50) Dollars, payable to Mary Van Vors. I am returning the claim herewith. Respectfully submitted, AL. J. N$LSON, City Solicitor; Special session, C Councilman Van Duelman moved that the recommendation of City So- licitor Nelson be approved and that the City Auditor be instructed to draw a warrant in the amount of $150.00 on the General Fmtd in favor of Mary Van Vors as settlement in full of her personal inury claim caused in a fall ott the crosswalk upon the South side of Twentieth Street at the httersection of Jackson Street. Seconded by Council- man Thompson. Carried by the fol- lowing vote: Yeas-Mayor Murphy, Councilmen Clark, 'Thompson, Van Duelman, Wharton. Nays-None. October 6, 1939. Honurable Mayor and City Council, Dubuque, Iowa. Re: Claim Bessie 1,. Boehm Gentlemen:- At a meeting of the City Council on October 2, 1939, there was re{erred to me for investigation and report the claim of Bessie I,. Boehm, filed Sep- tember 26, 1939, for damages to her automobile alleged to have been sus- tained on September 21, 1939, when the right {rant fire and tube of hec said automobile were cut, punctured and destroyed by reason of a defective curb in (rout of the premises known as No. J69 Bryant Street in the City of Dubuque, for which damages are Claimed in the sum of $14,85. I beg to advise that I have complet- ed investigation of this claim and find that this accident happened as alleged in said claim and that at the time and place in question the curbing on the Westerly side of Bryant Street and in front of 169 Bryant Street was defective in that a section of this curbing had become !nose and protruded into the street a distance of almost 2 inches and that in the operation of her said automobile, the claimant in parking her car in front of these premises ran into and against this protruding curbing causing the damage to the right front fire and tube thereof. I am satisfied that the condition o[ this cm•bing is such as to make the City liable in this case, and I, therefore, recommend settlement of the claim by the payment thereof in the sum of $14.85 and that upon the execution of the receipt and release by the claimant Bessie I,. Boehm, a warrant be drawn payable to H. F. Reynolds, attorney for Bessie I,. Boehm. I am returning the claim herewith. Respectfully submitted, AI,. J. N)aI,SON, City Solicitor. October 6th, 1939. '187 Comtcihnan Van Duelman moved that the recommendation of City So- licitor Nelson be approved and that the City Auditor be instructed to draw a warrant in the amount of $14.85 on the. Ueneral Fund in favor of H. F. Reyn- olds, attorney for Bessie la. Boehm, as settlement in full of the damage claim of Bessie 1a. Boehm, said damage being caused when her automobile struck a defective curb in front of the premises known as No, 169 Bryant Street. Sec- onded by Councilman Clark. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-P1one. Councilman Clark moved that City Manager Rhomberg be authorized to attend the Annual Conference of the International City Managers' Associa- tion to be held at Detroit, Michigan, during the week of October 9, 1939, Seconded by Councilman Thompson. Carried by the following vote: Yeas -Mayor Murphy, Councilmen Clarlc, Thompson, Van Duelman, Wharton, Nays-None. Councilman Clark moved that City Clerk J. J. Shea be appointed Acting City Manager during the absence of City Manager Rhomberg from the City. Seconded by Councilman Thompson. Carried by the following vote: Yeas- Mayor Murphy, Councilmen Clark, 'Thompson, Van Duelman, Wharton. Nays-None. J J~ SH1;A, City Clerk Approved -~-------'____-- _ ___--_19:19 Adoptrd --~-------- - - -- --~-~-1931. City Clerk