1939 November Council Proceedings288
Regular Session, November 6th, 1939, 289
City Council
(Official,)
Regular Session, November 6th, 1939.
Council met at 8:00 P. M.
Present-Mayor Murphy, Council-
men Clark, Thompsoh, 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,
Notice of Claim of ]:. A. Stewart, in
the amount of $25.82 for damages to
his automobile caused when a street
washing truck backed into his automo-
bile on Fenelon Place near the inter-
section of Burch Street, presented and
read. Councilman Clark moved to re-
fer the notice of claim to the City So-
licitor for investigation and report.
Seconded by Councilman Thompson.
Carried by the following vote: Yeas
-Mayor Murphy, Councilmen Clark,
Thompson, Van Duelman, Wharton.
Nays-None.
Notice of Claim of Mrs. Lyle Kemp-
ter, in an amount to cover doctor bills
for injuries received by her five-year-
old daughter caused in falling on a de-
fective sidewalk on the south side of
Fourteenth Street between White
Street and Central Avenue, presented
and read. Councilman Clark moved to
refer the notice of claim to the City
Solicitor for investigation and report.
- Seconded. by Councilman Thompson.
Carried by the following vote: Yeas-
Mayor Murphy, Councilman Clark,
- Thompson, Van Duelman, Wharton.
- Nays-None.
Petition of Disabled Veterans of the
World War, requesting permission to
conduct their annual Forget-Me-Not
drive on November 11, 1939, presented
and read. Councilman Van Duelman
moved that the request be granted. Sec-
onded by Councilman Thompson. Car-
ried by the following vote: Yeas-
Mayor Murphy, Councilmen Clark,
Thompson, Van Duelman, Wharton.
Nays-None.
Petition of The Salvation Army, re-
questing permission for the holding of
a tag day on November 11, 1939, pre-
sented and read. Councilman Whar-
ton moved that the request be granted
for the holding of a tag day and that
the date be set as November 18, 1939,
Seconded by Councilman Van Duel-
man. Carried by the following vote:
Yeas-Mayor Murphy, Councilmen
Clark, Thompson, Van Duelman,
Wharton, Nays-None,
Petition of Mettel Realty & Invest-
ment Company, Property Management
Brokers, Home Owners' Loan Cor-
poration, requesting the rezoning of
the property, known as I,ot 2 of 1 of 8
of Mineral I,ot 1S8 in order that the
home located on said lot could be re-
modeled into a duplex, presented and
read. Councilman Wharton moved
that the petition be referred to the
Planning and Zoning Commission for
their recommendation and report. Sec-
onded by Councilman Clark, Carried
by the following vote: Yeas=Mayor
I1lurphy, Councilmen Clark, Thomp-
son, Vau Duelman, Wharton, Nays-
None.
Petition of Retail Merchants' Bureau,
requesting permission to erect Christ-
mas street lighting decorations at the
intersections on Main Street from
Fourth to 11th Streets inclusive, also
on )~ighth Avenue from Iowa Street to
IIluff Streets inclusive, and on Seventh
Street at Locust Street and also re-
questing that the City assume the cost
of the current for the electric lights to
be placed in the business district from
November 23,_1939, to January 2, 1940,
presented and read. Councilman Van
Duehnau moved that the request be
granted tivith the provision that the Re-
tail Mei~.~ants' Bureau furnish a Pub-
lic _,._~~ility Bond in the amount of
QS,000.00 to cover anv accidents which
map occm•. Secopded by Councilman
Thompson. Carried by the following
vote: Yeas-Mayor Murphy, Council-
men Clark, Thompscn, Van Duelman,
Wharton. Nays-None,
Petition of Dubuque Women's Bowl-
ing Association, requesting permission
to erect two highway signs lettered
"Welcome Women Bowlers, etc.;' one
on the Rockdale Road and one where
Highway No. 20 enters Dubuque, both
signs to be placed about SO feet closer
to Dubuque than the "Dubuque" city
limits signs, presented and read. Coun-
cilman Thompsmi moved that the peti-
tion be referred to the City Manager
with power to act. Seconded by Coun-
cilman Clark. Carried by the follow-
ing vote: Yeas-Mayor Murphy, Coun-
cilmen Clark, Thompson, Van Duel-
man, Wharton. Nays-None.
Petition of Maizewood Insulation
Company, requesting redress from the
existing condition of Charter Street be-
tween Main and Salina Streets and
also requesting that a street light be
placed at the intersection of Main and
Charter Streets, presented and read.
Councilman Clark moved that the rules
be suspended for the purpose of allow-
ing any one present in the 'Council
Chamber, who wishes to do so, to ad-
dress the Council. Seconded by Coun-
cilman Thompson. Carried by the fol-
lowing vote: Yeas-Mayor Murphy,
Councilmen Clark, Thompson, Van
290 Regular Session, November 6th, 1939.
Duelman, Wharton. Nays-None. Mr.
George Homan addressed the Council
requesting that the City Council view
the requests as outlined in the petition
of the Maizewood Insulation Company.
Councilman Thompson moved that the
petition be referred to the City Council
to view the grounds. Seconded by
Councilman Wharton. Carried by the
following vote: Yeas-Mayor Mur-
phy, Councilmen Clark, Thompson,
Van Duelman, Wharton. Nays-
None.
Petition of University of Dubuque,
requesting the City Council to give
serious consideration to the rerouting
of bus service which now travels on
Algona Street from Delhi Street to
Bennett Street, presented and read.
Councilman Wharton moved to refer
the petition to the City Council. Sec-
onded by Councilman Clark. Carried
by the following vote: Yeas-Mayor
Murphy, Councilmen Clark, Thomp-
son, Van Duelman, Wharton. Nays-
Noue.
Petition of $. P. Kretz, requesting
permission to erect a canopy over the
sidewalk ou the Maiu Street entrance
of their building located at the South-
east corner of Main and West Sixth
Streets, presented and read. Council-
man Clark moved that the request be
granted and that the City Solicitor be
tnstructed to prepare the proper ordi-
nance. Seconded by Councilman
Wharton. Carried by the following
vote: Yeas-Mayor Murphy, Council-
men Clark, Thompson, Van Duelman,
Wharton, Nays-None.
Petition of J. $. Kemler, requesting
reductions on the assessments levied
against the North % of I,ot 4 of
O'Hare's Sub. for the paving of Grace
Street and for the West Dubuque Sani-
tary Sewer, presented and read. Coun-
cilman Thompson moved that the peti-
tion be referred to the City Manager
for investigation and report. Seconded
by Councilman Clark. Carried by the
following vote: Yeas-Mayor Mur-
phy, Councilmen Clark, Thompson,
Van Duelman, Wharton. Nays-None.
- Petition of Mrs. Anna Theis, request-
- ing the removal of the penalties on the
special assessments levied against the
];ast 100 feet of the last 200 feet of
- I,ot 17 of Sister's Addition in order
that she may redeem the same, present-
- ed and read. Councilman Clark moved
that the petition be referred to the
City Manager for investigation and re-
port. Seconded by Councilman Thomp-
son, Carried by the following vote:
Yeas-Mayor Murphy, Councilmen
Clark, Thompson, Van Duelman,
Wharton. Nays-None,
Petition of ];dwin C. Kuehnle, re-
questing arefund of the total amount
of penalties due on special assessments
for hots 11, 13, and 14 of 6, 7, 8, 9 of
Quigley's Sub. 1S7 and for I,ot 8,
O'Neill's Sub. No. 3, preseuted and
read. Councilman Clark moved to re-
fer the petition to the City Manager
for investigation and report. Second-
ed by Councilman Thompson. Carried
by the following vote: Yeas-Mayor
Murphy, Councilmen Clark, Thompson,
Van Duelman, Wharton. Nays-Noce.
Petition of W. F. Allendorf request-
ing arefund of the total amount of
penalties which were paid on special
assessments for I,ot 3S of part of Far-
ley's Sub., presented and read. Coun-
cilman Clark moved to refer the peti-
tion to the City Manager for investi-
gation and report. Seconded by Coun-
cilman Thompson. Carried by the fol-
lowing vote: Yeas-Mayor Murphy,
Councilmen Clark, Thompson, Van
Duelman, Wharton. Nays-None.
Petition of J. H. Wallis, by J. Allen
Wallis, Tr,, requesting a refund in pen-
alties paid on the redemption of tax
certificates on Irot 7 of McClain's Sub.
and on Iaot l of l of l of l of 16 of
11~IcClain's Sub, and I,ot 2 of 2 of 1 of
Miu. I,ot 150, presented and read.
Councilman Thompson moved to refer
the petition to the City Manager for
investigation and report. Seconded by
Councilman Clarlc. Carried by the fol-
lowing vote: Yeas-Mayot• Murphy,
Councilmen Clark, Thompson, Van
Duelman, Wharton. Nays-None.
Petition of Realty Investors Corpora-
tion, requesting a refund of the penal-
ties which were assessed against I,ot
164, Woodlawn Park Subdivision for
the 1933-34-35-36 installntettts for
street improvement, preseuted and
read. Councilman Thompson moved to
refer the petition to the City Manager
for investigation and report. Secovd-
ed by Councilman Clarlc Carried by
the following vote: Yeas-Mayor
Murphy, Councilmen Clark, Thomp-
son, Van Duelman, Wharton, Nays-
Nane.
Petition of Peter J. Seippel Lumber
Company, requesting that a warrant in
the amount of $401.43 be ordered
drawn on the Special Banded Fund
representing the penalties waived by
the action of the City Council at their
meeting of October 6, 1939, and includ-
ed in the payment made to the County
Auditor in effecting the redemption
from Tax Sales for Special Assess-
ments, presented and read. City Man-
ager Rhomberg recommending that a
warrant in the amount of $7.56 be or-
dered drawn on the Special Bonded
Fuud in favor of Peter J. Seippel Lum-
ber Company representing the differ-
ence in the penalties waived and or-
dered refunded at the Council meet-
ing of October 6, 1939, and the actual
amount paid in the sum of $401.43 on
Regular Session, November 6th, 1939. 291
the redemption of Tax Sales for Spe-
cial Assessments. Councilman Clark
moved that the recommendation of
City Manager Rhomberg be approved
and that the City Auditor be instructed
to draw a warrant in the amount of
$7.56 on the Special Bonded Fuud iu
favor of Peter J. Seippel Lumber Com-
pany to cover the difference in the to-
tal amount of penalties actually paid
and the amount ordered refunded at the
Council tneeting of October 6, 1939, in
the amount of $393.87, for redemption
of Tax Sales on special assessments.
Seconded by Councilman Thompson.
Carried by the following vote: Yeas-
14layor Murphy, Councilmen Clark,.
Thompson, Van Duelman, bVharton.
Nays-None.
Petition of Mrs. Frank ~. Leonard,
referred to the "City Couucil b}~ the
Board of Supervisors, requesting sus-
pension of the 1938 taxes on I,ot S of
2 of City I,ot 720, presented and read.
Councilman Van Duelman moved to
refer the petition to the City Solicitor
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 Mrs. Mary Byrne, re-
ferred to the City Council by the Board
of Supervisors, requesting suspension
of the 1938 taxes on I,ot 8 of Finley
Home Addition, presented and read.
Councilman Van Duelman moved to
refer the petition to the City Solicitor
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 George J. Roepsch, re-
ferred to the City Council by the Boat•d
of Supervisors, requesting suspension
of the 1938 taxes on I,ot 82 of Mc-
Craney's Addition, presented and read.
Councilman Van Duelman moved to
refer the petition to the City Solicitor
for investigation and report. Seconded
by Councilman Clark. Carried by the
following vote: Yeas-Mayor Mur-
phy, Councilmen Clark, Thompson,
Van Duelman, Wharton. Nays-None,
Petition of Mrs. R. A. French, to-
gether with the attached petitions of
property owners, requesting that the
1900 black on Delhi Street be rezoned
so as to permit multiple housing, pre-
sented and read. Councilman Wharton
moved that the petition be referred to
the Planning and Zoning Commission
for their recommendation and report,
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 reso-
lution No. 178-39 served upon Wm.
I,awther notifying him that the build-
ing located upon City I,ot 193 has been
declared a nuisance and requiring him
to abate said nuisance on or before
the 2nd day of December, 1939, pre-
sented and read. Councilman Thomp-
son moved that the return of service be
received 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 resolu-
tion No. 179-39 served upon the Du-
buque Biscuit Company notifying them
that the buildings located upon City
hots 347 and 348 have been declared a
nuisance and requiring them to abate
said nuisance on or before the 2nd day
of December, 1939, presented and read.
Councilman Thompson moved that the
!•eturn 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.
Returns of Service, subscribed and
sworn to by H. H. Howie, Building
Commissioner, of condemnation resolu-
tions No. 180-39 and No. 181-39 served
upon Ivlary F, Doyle notifying her that
the buildings located upon hots 2 and
4 of City I,ot SS5 and upon the North
of City I,ot SS4 have been declared
a nuisance and requiring her to abate
said nuisance ott or before the 15th
day of April, 1940, presented and read,
Councilman Thompson moved that the
returns 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 reso-
lution No. 182-39 served upon Klauer
Julien Hotel Company notifying them
that the building located upon City ];ot
195 has been declared a nuisance and
requiring them to abate said nuisance
on or before the 2nd day of December,
1939, presented and read. Councilman
Thompson moved that the return 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. Howie, Building
292 Regular Session, November 6th, 1939.
Commissioner, of condemnation resolu-
tion No. 183-39 served upon C. J. Jung-
wirth and S. Wiedner notifying them
that the buildiug located upon Lot 3
of Lot 9 of Union Addition has been
declared a nuisance and requiring them
to abate said nuisauce on or before the
2nd day of December, 1939, presented
and read. Councilman Thompson mov-
ed that the return of service be re-
ceived and filed. Seconded by Council-
man Vau Duelman. 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 No. 184-39 served upon Richard
Fuhrmanu and John O'Brien notifying
them that the buildiug located upon
Lot 10, Central Addition, has been de-
clared anuisance and requiring them
to abate said nuisauce on or before the
2nd day of December, 1939, presented
and read. Councilman Thompson
tnoved that the returns of service be re-
ceived and filed. Seconded by Couu-
cilmau Van Duelman. 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 reso-
lution No. 185-39 served upon Anchor
Investment Compan}~ notifying them
that the building located upon the
South % of I,ot 19 of Correll's Subdi-
vision has been declared a nuisance and
requiring them to abate said nuisance
on or before the 2nd day of December,
1939, presented and read. Couucilmau
Thompson moved that the return of
service be received and filed, Seconded
by Couucilmau Van Duelman. Carried
by the following vote: peas-Mayor
lvlurphy, Councilmen Clariz, Thompson,
Van Duelman, Wharton. Nays-Noce.
Return of, Service, subscribed and
sworn to by H. H. Howie, Building
Commissioner, of condemnation resolu-
tion No. 186-39 served upon P. J, and ~~
Minnie Norton notifying them that the
building located upon City Lot 238 has
been declared a nuisauce and requiring
them to abate said nuisance on or be-
fore the 2nd day of December, 1939,
presented and read, Councilman
Thompson moved that the return of
service be received and filed, Seconded
by Councilman Vau 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 resolu-
tion No. 187-39 served upon Patrick
O'Shea notifying hinr that the buildings
located upon Lot 1 of Mineral Lot 14S
have been declared a nuisance and re-
quiring him to abate said nuisance on
or before the 2nd day of December,
1939, presented and read. Councilman
Thompson moved that the return of
service be received and filed. Seconded
by Councilman Van Duelman. Carried
by the following voter 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 No. 188-39 served upon Wm. J.
Robinson and J. P. Hanten notifying
them that the buildiug located upon
Lot 22, Union Addition, has been de-
clared anuisance and requiring them
to abate said nuisance on or before the
2nd day of December, 1939, presented
and read. Councilman Thompson
moved that the returns of service be
received and filed. Seconded by Coun-
cilman Van Duelman. Carried by the
following vote: Yeas-Mayor Murph}~,
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 No. 189-39 served upon Catherine
Smith notifying her that the building
located upon Lot 14, Yates' Subdivi-
sion, has been declared a nuisauce and
requiring her to abate said nuisance on
or before the 2nd day of November,
1939, presented and read. Councilman
Thompson moved that the return of
service he received and filed. Second-
ed by Councilman Van Duelman. Car-
ried by the following vote: Yeas-
Mayor Mwphy, Councilmen Clariz,
Thompson, Van Duelman, Wharton,
Nays-Noce,
Returns of Service, subscribed and
sta~orn to by H. H. Howie, Building
Commissioner, of condemnation reso-
lution No. 190-39 served upon 'C. F.
Hay and Mrs. Prances Stark notifying
them that the building located upon the
East 33 feet 6 inches of City Lot 643
has been declared a nuisance and re-
quiring them to abate said nuisauce on
or before the 1Sth day of April, 1940,
presented and read. Councilman
Thompson moved that the returns of
service be received and filed, Seconded
by Councilman Van Duelman. Carried
by the following vote: Yeas-Mayor
il4urphy, 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 No. 191-39 served upon Realty
Investors Corporation notifying them
that the building located upon Lot 284,
fast Dubuque Addition No .2 has
been declared a nuisance and requiring
Regular Session, November 6th, 1939. 293
them to abate said nuisance on or be-
fore the 2nd day of December, 1939,
presented and read. Councilman
Thompson moved that the return of
service be received and filed. Seconded
by Councilman Van Duelman, Carried
by the following vote: Yeas-Mayor
Murphy, Councilmen Clark, Thompson,
Van Duelman, Wharton, Nays-None.
October 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
September, 1939, also a list of claims
and list of payrolls for which warrants
were drawn during the month of Sep-
tember, 1939.
Respectfully subtitted,
A. A. RHOMBERG,
City Manager.
Councilman Clark moved that the re-
ports 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.
November 6, 1939.
To the Honorable Mayor and City
Council, Dubuque, Iowa.
Gentlemen:-
At the session of the City Council of
September S, 1939, the communication
of A. A. Burgmeier was received in
vvhich repairs to Oak and Apple Streets
were requested.
The work requested has been com-
pleted and the condition complained of
has been remedied.
Respectfully submitted,
A. A, RHOMB$RG,
City Manager.
Councilman Thompson moved that
the communication of City Manager
Rhomberg 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.
November 6, 1939
To the Honorable Mayor and City
Council, Dubuque, Iowa.
Gentlemen:-
At the session of the City Council
held September 5, 1939, the petition of
Bd. C. Kuehnle requesting a refund of
penalties included in the redemption of
special assessments on Lot 2S of Sis-
ter's Addition was referred to the City
Manager and City Treasurer for in-
vestigation and report,
A previous petition of Mr, Kuehnle's
was acted on by the Council on August
7th involving the 6th, 7th, 8th, 9th, and
10th installments of the sewer assess-
ment and penalties of $39.96 were paid
the County Treasurer by the City. The
2nd, 3rd, 4th and 5th installments, how-
ever, were involved in a Public Bidders'
Safe to the County Auditor. Mr.
Kuehnle has redeemed these as well, as
follows:
2nd, 3rd, 4th, and 5th install-
ments ______________________$173.78
Interest to date of sale Feb. 3,
1936 ------------------------ 121.27
Pour Percent (4°fo) penalty____ 11,82
Six Percent Interest 2/3/36 to
8/12/39 _____________________ 65.14
Advertising costs ______________ .40
$372.41
We recommend that a warrant in the
amount of $123.79 be drawn on the Spe-
cial Donded Fund in favor of $d. C,
Kuehnle representing a refund of the
amount paid in excess of the principal
plus S°fginterest plus advertising costs.
Such account is as follows:
Total paid to County Auditor__$372.41
Principal amount-4 in-
stallments ___________$173,78
Five Percent (5°Jo) In-
terest-Jan. 22, 1931,
to Aug. 12, 1939_____ 74.44
Advertising costs ______ .40
248.62
Refund _______________________$123,79
Respectfully submitted,
A. A. RHOMB~RG,
City Manager.
OTTO P. PULS,
City Treasurer.
Councilman 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 $123.79 on the Special Bond-
ed Fund in favor of ];d. C. Kuehnle
representing a refund of the amount
paid in excess of the principal plus S°fo
interest plus advertising costs in the
redemption of special assessments on
Lot 25 of Sister's Addition. Seconded
by Councilman Thompson. Carried by
the following vote: Yeas-Mayor Mur-
phy, Councilmen Clark, Thompson,
Vau Duelman, Wharton. Nays-None,
November 6, 1939.
To the Honorable Mayor and City
Council, Dubuque, Iowa.
Gentlemen:-
The term of Mark Gavin as a mem-
ber of the Dock Board expires Novem-
ber 26, 1939. It is necessary that the
City Council make an appointment for
294 Regular Session, November 6th, 1939.
a three-year term expiring November
26, 1942.
Respectfully submitted,
A. A. RHOMBERG,
City Manager.
Councilman Van Duelman moved
that Mr. Mark Gavin be reappointed
as a member of the Dock Board for a
term of three years, said term expiring
November 26, 1j42. Seconded by Coun-
cilman Wharton. Carried by the fol-
lowing vote: Yeas-Mayor Murphy,
Councilmen Clark, Thompson, Van
Duelman, Wharton. Nays-None.
November 6, 1939.
To the Honorable Mayor and City
Council, Dubuque, Iowa.
Gentlenten:-
At the session of the City Council
held October 2, 1939, the petition of
Mr. and Mrs. Adam Link et al request-
ing the rerouting of the Grandview
bus to give service the entire length of
Algona Street from 14th Street and
then over New Highway Z0, as soon as
completed, to Grandview Avenue was
referred to me to confer with the offi-
cials of the Interstate Power Company
and to report to the Council.
I have met with the officials of the
transportation department and dis-
cussed the proposed rerouting. It ap-
pears that the proposal is not feasible
for the following reasons: 1st:-It
would involve a dangerous left-hand
turn into arterial highway traffic; 2nd.
-The part of St. Joseph Street from
Algona Street to the New Highway-
about I blocks-is unpaved and
would be difficult for buses; 3rd.-The
portion of New Highway 20 that would
be traversed has no homes abutting and
would, therefore, contribute no bus
passengers nor bus revenue.
For the reasons cited, I recommend
that the petition be denied.
Respectfully submitted,
A, A. RHOMBI;RG,
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.
November 6, 1939,
To the Honorable Mayor and City
Council, Dubuque, Iowa.
Gentlemen:-
The Planning and Zoning Commis-
sion wishes to recommend to your
Honorable Body the granting of the
attached petition of Joseph P, Simones
et al asking rezoning of the westerly
end of Kirkwood Street in accordance
with attached plat,
Respectfully submitted,
R. V. McKAY,
Secretary, Planning and Zoning
Commission.
Councilman Clark moved that the
recommendation of the Planning and
7,otting Commission be received and
made a matter of record and that the
City Solicitor be instructed to prepare
the proper proceedings. Seconded by
Councilman Thompson. Carried by the
following vote: Yeas-Mayor Murphy,
Councilmen Clark, Thompson, Van
Duelman, Wharton. Nays-None.
November 6, 1939.
To the Honorable Mayor and City
Council, Dubuque, Iowa.
Gentlemen:-
The letter of Mettel Realty and In-
vestment Company, dated October 7,
1939, and addressed to the City Coun-
cil, received the attention of the Plan-
ning and Zoning Commission at the
meeting of November 3, 1939. This
letter could hardly be considered a pe-
tition as it is not from the owner of
the property in question.
Therefore, the Planning and Zoning
Commission recommends to your Hon-
orable Body that the request be denied.
The petition is not in proper form.
Furthermore, it is the sense of the
Planning and Zoning Commission that
the rezoning of single properties is not
only illegal, but is repugnant to sound
city zoning, The Commission feels
that if there is a trend in this particu-
lar neighborhood away frotn single
family classification, such trend should
be indicated by the signatures or other
expressions of interest on the part of
the majority of the property owners iu
the block.
Respectfully submitted,
R. V. McKAY,
Secretary, Planning and Zoning
Commission.
Councilman Clark moved that the
recommendation of the Planning and
Zoning Commission be received and
made a matter of record. Seconded by
Councilman Thompson. Carried by the
following vote: Yeas-Mayor Murphy,
Councilmen Clark, Thompson, Vait
Duelman, Wharton. Nays-None.
Oct. 20, 1939.
Subject: Improvement to Water Works
System At Dubuque, Iowa, and De-
molition of Old Building, P. W. A.
Docket Iowa 1684-F.
To the Honorable Mayor and City
Council, Dubuque, Iowa.
Gentlemen:-
On October 3, 1938, the City of Du-
buque by resolution 107-38 accepted the
offer of the United States of America
to aid in financing the Construction of
Improvements to Water Works Sys-
tem and Demolition of Old Building,
which project is known as P. W, A,
Docket Iowa No. 1684-F. Subsequently
Regular Session, November 6th, 1939. 295
the following contracts were awarded
and completed as follows:
Date awarded, original contract, date
of completion and final contracts fol-
low:
Contract No. 1 Well-11-16-38; $17,-
542.00; 5-6-39; $19,773.10.
Contract No.2 Reservoir-1-4-39;
$38,365.00; 7-14-39; $38,365.00.
Contract No. 3 Booster Pump-4-7-
39; $11,275.00; 9-6-39; $11,275.00.
Contract No. 4 Gen'l (Bldg.)-2-3-
39; $52,769.00; 10-ZO-39; $54,481,40.
Contract No, 5 Heating and Plumb-
ing-2-3-39; $14,978.00; 10-20-39; $14,-
897.46.
Contract No.6 1;lectrica1-2-3-39;
$1,200.00; 10-20-39; $1,200.00.
Contract No. 7 Deep Well Pump-
6-30-39; $9,998.00; 9-6-39; $9,998.00.
Contract No. 8 Water Main-6-S-39;
$4,917.72; 7-21-39; $4,917,72.
Contract No. 9 Well House-6-30-
39; $4,650.00; 9-6-39; $4,650.00.
(*) includes all change orders
at a Total Completion cost of $159,-
557.68 and
We hereby certify that the work of
construction has been completed in
substantial compliance with the re-
quirements of the contract documents
including the plans and specifications,
We further certify that the contract
amounts will be due the contractors in
accordance with the terms of the con-
tracts upon the filing of the required
maintenance bonds and placing on file
in the office of the City Auditor satis-
factory proof that all bills and claims
far material, service or expense in-
curred in connection with said project
have been paid or satisfied as shown
on the following schedule;
Contract No. 1 Well-C, W.
Varner, Dubuque, Ia. _____$19,773.10
Contract No. 2 Reservoir-
Anton Zwack, Inc., Du-
buque, Ia, ________________ 38,365,00
Contract No. 3 Booster Pump
-Climax Jong, Co., Clinton,
Ia. _______________________ 11,275.00
Contract No. 4 General
(Bldg.) -Anton Zwack,
Inc., Dubuque, Ia. ________ 54,481,40
Contract No. S Plumbing and
Heating-Linehan & Molo,
Dubuque, Ia. ____.._______ 14,897.46
Contract No. 6 Electrical-
United Elec, Co., Dubuque 1,200.00
Contract No. 7 Deep Well
Pump-A. Y. McDonald
Mfg, Co., Dubuque _______ 9,998.00
Contract No. 8 Water Main-
Thos. Flynn Coal Co., Du-
buque ____________________ 4,917.72
Contract No. 9 Well House-
Thos. Flynn Coal Co„ Du-
buque ____________________ 4,650.00
We respectfully recommend that
your Honorable Body accept and ap-.
prove the completion of P. W. A.
Docket Iowa 1684-F, otherwise known
as Improvements to Water Works Sys-
tem at Dubuque, Iowa, and Demoli-
tion of Old Building.
Respectfully submitted,
A, A. RHOMBERG,
City Manager.
J, J. HAIL,
Water Superintendent,
Subscribed and sworn to by A. A.
Rhomberg, J. J. Hail before me, a
notary public of the State of Towa in
and for Dubuque County, this 20th day
of October, 1939.
Witness my hand and seal.
GIaRALDINI; L. D$MKII;R,
(Seal) Notary Public.
My commission expires July 4, 1942.
Councilman Van Duelman moved
that the recommendation of City
Manager Rhomberg and Water Super-
intendent Hail be approved 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.
October 20; 1939.
Subject: Improvement to Water Works
System at Dubuque, Iowa, and De-
molition of Old Building, P. W. A.
Docket Iowa 1684-F.
To the Honorable Mayor and City
Council, Dubuque, Iowa.
Gentlemen:-
We hereby certify that the work of
construction on the above docket has
been completed in substantial compli-
ance with the requirements of the con-
tract documents including the plans
and specifications, We further certify
that the contract amounts will be due
the contractors in accordance with the
terms of the contracts upon the filing of
the required maintenance bonds and
placing on file in the office of the City
Auditor satisfactory proof that all bills
and claims for material, service or ex-
pense incurred in connection with said
project have been paid or satisfied as
shown on the following schedule:
Contract No. 1 Well-C. W.
Varner, Dubuque, Ia. _____$19,773.10
Contract No. 2 Reservoir-
Anton Zwack, Inc., Du-
buque, Ia. ________________ 38,365.00
Contract No. 3 Booster Pump
-Climax $ng. Co., Clinton,
Ia. _______________________ 11,275.00
Contract No. 4 General
(Bldg.)-Anton Zwack,
Inc., Dubuque, Ia. ________ 54,481.40
Contract No. S Plumbing and
Heating-Linehan & Molo,
Dubuque, Ia. ____________ 14,897.46
Contract No, 6 Electrical-
296 Regular Session, November 6th, 1939.
United Elec. Co., Dubuque 1,200.00
Contract No, 7 Deep Well
Pump-A. Y. McDonald
Mfg. Co., Dubuque _______ 9,998.00
Contract No, 8 Water Maiu-
Thos. Flynn Coal Co„ Du-
buque ____________________ 4,917.72
Contract No. 9 Well House-
Thos. Flynn Coal Co., Du-
buque ____________________ 4,650.00
We respectfully recommend that
your Honorable Body accept and ap-
prove the completion of P. W. A.
Docket Iowa 1684-F, otherwise ]mown
as Improvements to Water Works Sys-
tem at Dubuque, Iowa, and Demolition
of Old Building.
Respectfully submitted,
CONSOER, TOWNSEND &
QUINLAN.
By Eugene A, Hardin,
Subscribed and sworn to by Eugene
A. Hardin before me, a Notary Public
of the State of Iowa in and for Du-
buque County, this 20th day of Octb-
ber, 1939.
Witness my hand and seal.
GERALDINE L. DEMKIER,
(Seal) Notary Public.
My commission expires July 4, 1942.
Councilman Van Duelman moved
that the recommendation of Consoer,
Townsend & Quinlan, Consulting En-
gineers, be approved and made a mat-
ter of record. Seconded by Council-
man Clark. Carried by the following
vote: Yeas-Mayor Murphy, Council-
men. Clark, Thompson, Van Duelman,
Wharton. Nays-None.
Resolution No, 193-39
City of Dubuque, Iowa
Whereas, On the 3rd day of October,
1938, the City of Dubuque, Iowa, by
resolution 107-38 accepted the offer of
the United States of America, to the
City of Dubuque, Iowa, to aid in
Financing the Construction of Im-
provements to Water Works System
and Demolition of Old Building,
Docket Iowa No. 1684-F, and
Whereas, The City of Dubuque,
Iowa,. by resolution did award contr2cts
for the Construction of Improvements
to Water Works System and Demoli-
tion of Old Building as follows:
Date awarded, original contract, date
of completion and final contract* fol-
low:
Contract No. 1 Well-11-16-38; $17,-
542.00; 5-6-39; $19,773.10.
Contract No.2 Reservoir-1-4-39;
$38,365.00; 7-14-39; $38,365.00.
Contract No, 3 Booster Pump-4-7-
39; $11,275.00; 9-6-39; $11,275.00.
Contract No. 4 Gen'I (Bldg,)-2-3-
39; $52,769.00; 10-20-39; $54,481.40.
Contract No. S Heating and Plumb-
ing-2-3-39; $14,978,00; 10-20-39; $14,-
897.46.
Contract No. 6 Electrical-2-3-39;
$1,200.00; 10-20-39; $1,200.00.
Contract No. 7 Deep Well Pump-
6-30-39; $9,998.00; 9-6-39; $9,998.00.
Contract No. 8 Water Main-6-5-39;
$4,917.72; 7-21-39; $4,917.72.
Contract No. 9 Well House-6-30-
39; $4,650.00; 9-6-39; $4,650.00.
(*) includes all change orders
at a Total Completion cost of $159,-
557.68 and
Whereas, On the 20th day of Octo-
ber, 1939, the Engineer, City Manager
and Water Superintendent did certify,
to the City Council that the work of
Construction in comrection with said
project had been completed by said
contractors in substantial compliance
tia*ith the requirements of the contract
documents including the plans and
specifications, and
Whereas, After the examination by
this City Council said construction and
the certificate of the Engineers, City
Manager and Water Superintendent
appear to be acceptable; Now, There-
fore,
Be It Resolved by the City Council,
of the City of Dubuque, Iowa, that
said certificate of completion of the
Engineers, City Manager and Water
Superintendent be and the same are
hereby accepted, approved and ordered
placed on file in the office of the City
Clerk, and
Be It Further Resolved that the work
of construction be and the same is here-
by accepted on behalf of the City of
Dubuque, Iowa, and the Auditor is
hereby authorized and directed to pre-
pare and deliver to the contractors, in
accordance with the terms of the Con-
tract documents, a warrant or warrants
for final payment sufficient when added
to payments already made to total au
amount equal to their contract sum,
The contract totals are as follotivs:
Contract No. 1 Well-C. W.
Varner, Dubuque, Ia. _____$19,773:10
Contract No. 2 Reservoir-
Anton Zwack, Inc., Du-
buque, Ia. ________________ 38,365.00
Contract No. 3 Booster Pump
-Climax Eng, Co., Clinton,
Ia. _______________________ 11,275.00
Contract No. 4 General
(Bldg.)-Anton Zwack,
Inc., Dubuque, Ia. ________ 54,481.40
Contract No. S Plumbing and
Heating-Linehan & Molo,
Dubuque, Ia. _ _________ 14,897.46
Contract No. 6 Electrical-
United Elec, Co„ Dubuque 1,200.00
Regular Session, November 6th, 1939. 297
Contract No. 7 Deep Well
Pump-A. Y, McDonald
Mfg. Co., Dubuque _______ 9,998.00
Contract No. 8 Water Main-
Thos. Flynn Coal Co., Du-
buque -------------------- 4,917,72
Contract No. 9 Well House-
Thos. Flynn Coa] Co., Du-
buque ____________________ 4,650.00
Provided, however, that the con-
tractor prior to delivery of said final
payments shall place on file in the of-
fice of the City Auditor satisfactory
evidence that all' bills for service, ma-
terials, labor and other costs incurred
by the contractors itr connection with
the construction of said project have
been duly paid or satisfied.
Be It Further Resolved that this
resolution being deemed urgent and of
immediate necessity become effective
from and after its adoption by the City
Council,
Passed, adopted and approved this
6th day of November, 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 Clark. Carried by
the following vote: Yeas-Mayor
Murphy, Councilmen Clark, Thompson,
Van Duelman, Wharton. Nays-None.
Resolution No, 194-39
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 hereby
approved and it is ordered that the
premises to be occupied by such appli-
cants shall be forthwith inspected,
Arthur J. Spahn (Transfer of address
from 428 W, Locust) 410 Eighth Ave,
Passed, adopted and approved this
6th day of November, 1939.
GEO. R. MiJRPHY, Mayor.
FRANK VAN DUELMAN,
ALBERT WHARTON,
CARL, A, CLARK,
F. W, THOMPSON,
Councilmen.
Attest: J, J, SHEA, City Clerk.
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, 195-39.
Whereas, heretofore applications
were filed by the within named appli-
cants for Class "B" Beer Permits and
they received the approval of this Coun-
cil; and
Whereas, the premises to be occupied
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
Milton J. Kalmes, 1085 Julien Avenue
Wm. Barrington and Glen Miller, 280
West First Street
Morris Blum and William Maas, 700
East 16th Street
George Hail, 332 Eighth Avenue
Ray Nicks and Fred Herber, 521 East
22nd Street
Vern Okey (Transfer of address from
2400 Central Ave.) 1766 Central Ave.
Joseph Graff, 1046 Central Avenue,
Be It Further Resolved, that the
bonds filed by such applicants be and
the same are hereby approved.
Class "B" Permit
Name Address
Milton J. Kalmes, 1085 Julien Avenue
Wm. Barrington and Glen Miller, 250
West First Street
Morris Blum and William Maas, 700
East 16th Street
George Hail, 332 Eighth Avenue
Ray Nicks and Fred Herber, 521 East
22nd Street
Joseph Graff, 1046 Central Avenue.
Vern Okey (Transfer of address from
2400 Central Ave.) 1766 Central Avc,
Passed, adopted and approved this
6th day of November, 1939.
GEO. R. MURPHY, Mayor,
FRANK VAN DUELMAN,
ALBERT WHARTON,
CARL, A, CLARK,
F. W, THOMPSON,
'Councilmen,
Attest; J. J. SHEA, City Clerk.
298 Regular Session, November 6th, 1939.
Councilman Van Duelman moved the
adoption of the resolution. Seconded
by Councilman Clarlc. Carried by the
following vote: Yeas-Mayor Murphy,
Councilmen Clarlc, Thompson, Van
Duelman, Wharton. Nays-None.
November 6, 1939.
Honorable Maya' and City Council,
Dubuque, Iowa.
Re: Tax Suspension
Gentlemen:
I have completed investigatiat for
tax suspension and submit to you here-
with the following:
George Roepsch, 1324 Liucoht Avenue.
Mrs. F. $. Leonard, 639 1Vest Fifth St.
T~Irs. Mary Byrne, 1655 Asbury St.
Yours very truly,
AL. J. NELSON,
City Solicitor.
Councilman Thompson moved that
the communication of City Solicitor
Nelson be received and made a matter
of record. Seconded by Councilman
Clark. Carried by the following vote:
Yeas-11layor Murphy, Couucilnen
Clarlc, Thompson, Van Duelman,
Wharton. Nays-None.
The following decisions of the City
Council relative to petitions requesting
suspension of their 1938 taxes present-
ed for Council approval: Mrs. F. E.
Leonard requesting suspension of the
1938 taxes on Lot S of 2 of City Lot
720, request granted; Mrs. Mary Byrne
requesting suspensimt of the 1938 taxes
on Lot 8 of Finley Home Addition, re-
quest grouted; George J. Roepsch re-
questing suspension of the 1938 taxes,
ou Lot 82 of McCrauey's Addition,
request granted. Councilman Clark
moved that the decisions of the City
Council on the various tax petitions be
approved and that the Board of Super-
visors be notified of the action of the
Cit}~ Council. Seconded by Council-
man Van Duelman. Carried by the
following vote: Yeas-Mayor Murphy,
Councilmen Clarlc, Thompson, Van
Dttelmau, Wharton. Nays-None.
November 3, 1939.
Honorable Mayor and City Council,
Dubuque, Iowa.
Re: Claim of John Schultz
Gentlemen:
On February 27, 1939, there was re-
ferred to me for investigation and re-
port the claim of John Schultz, filed
February 20, 1939, in the sum of
$3,000.00, for injuries alleged to have
been sustained by claimant on Decem-
ber 24, 1938, in falling on an accumula-
tion of ice on the crosswalk across the
alley on the South side of West Ninth
Street between Main Street and Locust
Street.
I beg to advise that I have completed
investigation of this claim and find no
liability on the part of the City and,
therefore, recommend that the claim be
disallowed.
I am returning the claim herewith.
Yours very truly,
AL, .J. NELSON,
City Solicitor.
Councilman Clark moved that the
recommendation of City Solicitor Nel-
son be approved and the claim ordered
disallowed. Seconded by Councilman
Van Duelman. Carried by the follow-
ing vote: Yeas-11layor Murphy,
Councilmen Clark, Thompson, Van
Duelman, Wharton. Nays-None.
November 1, 1939.
Honorable Mayor and City Council,
Dubuque, Iowa.
Re: Claim of Mrs. Mary E. Hense
Gentlemen:
Therc has been referred to me for
investigation and report the claim of
114rs, tllary E. Hense, filed September
1S, 1939, iu the sum of Two Hundred
($200) Dollars, for damages ou account
of injuries alleged to have been sus-
tained by her on the 30th day of Au-
gust, 1939, at about 10 o'clock A. M.,
while she taus walking upon a sidewalk
on the Northerl}~ side of Fifth Street,
between Iowa Street and Main Street,
and iu front of the Linehan & Alolo
office, when she alleges her foot became
caught fn a hole in the cement side-
walk and that she was thrown to the
sidewalk with such force that she broke
her right wrist and her spectacles.
I beg to advise that I have com-
pleted investigation of this claim and
find that the sidewalk in question in
front of the Linehan & Molo office is
of full width, approximately 8 feet, and
is almost perfect with the exception of
a very small depression about 3 or 4
inches its diameter, and about 1 inch in
depth.
I am of the opinion that this depres-
sion in the walls did not amount to or
constitute a defect such as would ren-
der the city liable in this case, and not
only did the city have no actual knowl-
edge of the existence of this depres-
sion, but the company owning the prop-
erty had no knowledge of its existence,
and I do not believe that the character
and size of this depression was such as
to give the city constructive notice
which is required as a condition prece-
dent to liability.
I find no liability on the part of the
city, and, therefore, recommend that
the claim be disallowed,
Respectfully submitted,
AL. J. NELSON,
City Solicitor.
Regular Session, November 6th, 1939. 299
Councilman Clark moved that the
recommendation of City Solicitor Nel-
son be approved and the claim ordered
disallowed. Seconded by Councilman
Van Duelman, Carried by the follow-
ing vote: Yeas-Mayor Murphy, Coun-
cilman Clark, Thompson, Van Delman,
Wharton. Nays-None.
November 2, 1939.
Honorable Mayor and City Council,
Dubuque, Iowa.
Re: Claim of Mrs. Carl (Dora) Mauer.
Gentlemen:
At a meeting of the City Council held
June 27, 1939, there was referred to me
for investigation and report the claim
of Mrs. Carl (Dora) Mauer, filed June
17, 1939, for damages for personal in-
juries alleged to have been sustained
by her on the 21st day of April, 1939,
in a fall upon the curbing and gutter in
front of St. Patrick's Church on the
Southwest confer of Fifteenth Street
and Iowa Street in the City of Du-
buque, which said injuries were al-
leged to have been due to the negli-
gence of the City of Dubuque and
which -claim was filed in the sum of
$200.
I beg to advise that I have complet-
ed investigation of this claim and find
that on the date in question claimant
attended services at St. Patrick's
Church at about the hour of 8.30 P. M.,
at the conclusion of said services she
came out upon the sidewalk together
with a number of other persons and in
walking iu au Easterly direction upon
said sidewalk she was accidentally
brushed or pushed from the curbing,
stepped into the gutter at a crosswalk
crossing Fifteenth Street upon the
Easterly side of Iowa Street, and that
when she stepped into the gutter she
stepped upon a grate over a catch ba-
sin and the heel of her left shoe became
caught in this grate causing claimant
to fall and in falling she fractured her
left leg in two places and also sprained
and bruised her right ankle and left
hand. Claimant was taken to the hos-
pital, where she was a patient for 21
days and later confined to her home
and her bed for a period of approxi-
mately 4 weeks during which time she
was under a doctor's care and unable
to perform her household duties during
that time.
Investigation discloses that the grate
over this catch basin consists of iron
bars which are sufficient distance apart
to permit the heel of a woman's shoe
to become caught between these bars
which condition as described, is, in my
opinion, a culpable defect, particularly
where such covering for such a catch
basin is located in front of a church,
public building or other place where a
considerable number of people congre-
gate attd use the sidewalk.
I am of the opinion that the condi-
tion of this grate and the fact and cir-
cumstances surrounding the injuries
~ustaitted by this claimant indicate lia-
bility on the part of the city and in
view of the fact that claim was filed
for only the amount of the expenses
actually incurred by the claimant, I
recommend that the claim be allowed
in the sum of $200.00 and that upon her
signing receipt and release, that a war-
rant be drawn payable to Mrs. Carl
(Dora) Mauer in full settlement of this
claim.
'I am returning the claim herewith.
Respectfully submitted,
AL. J. NELSON,
City Solicitor.
Councilman Wharton moved that
the reconmtendation of City Solicitor
Nelson be approved and that the City
Auditor Ue instructed to draw a war-
rant ou the General Fuud in the
amount of $200.00 iu favor of Mrs.
Carl (Dora) Mauer as settlement in
full of the personal injury claim, said
claim resulting from a fall when she
stepped upon a grate over a catch basic
on the Southwest corner of Fifteenth
and Iowa Streets, said warrant to be
delivered upon the signing of a receipt
and release by the said Mrs. Carl
(Dora) Mauer. Seconded by Cowtcil-
man Clark. Carried by the following
vote: Yeas-Alayor Murphy, Comtcil-
men Clark, Thompson, Van Duelman,
Wharton. Nays-None.
November 3, 1939.
Honorable Mayor and City Council,
Dubuque, Iowa.
Re: Claim of Donald Morris
Gentlemen:
Prior to my assumption of that office,
there was referred to the City Solicitor
for investigation attd report the claim
of Donald Morris in the sutra of $76.38
filed October 27, 1937, on account of
damages alleged to have been sustained
to his airplane in landing at the Munici-
pal Airport on the 1st day of August,
1937, attd alleged to have been caused
by the condition of the vegetable
growth and weeds adjacent to the run-
ways of said airport and alleged to have
beets due to the negligence of the City.
I beg to advise that I find no liability
ou the part of the City in this matter
and, therefore, recommend that the
claim be disallowed.
I am returning the claim herewith.
Respectfully submitted,
AL. J. NELSON,
City Solicitor,
300 Regular Session, November 6th, 1939.
Councilman Clark moved .that the
recommendation of City ,Solicitor Nel-
son be approved and that the claim be
ordered disallowed. Seconded by Coun-
cilman Van Duelman. Carried by the
following vote: Yeas-Mayor Murphy,
Councilmen Clark, Thompson, Van
Duelman, Wharton. Nays-None,
November 2, 1939.
Honorable Mayor and City Council,
Dubuque, Iowa.
Re: Claim of Paul V. Weis.
Gentlemen:
Prior to my assumption of that office
there was referred to the City Solicitor
for investigation and report, the claim
of Paul V. Weis filed August 24, 1937,
in the total sum of $400.00, for injuries
alleged to have been sustained on the
25th day of June, 1937, while claimant
was walking in an Easterly direction on
the North side of Cherry Street about
one-half block from Asbury Street,
when claimant stepped from the curb-
stone mr to a number of larger stones in
the street which he could not see due
to defective lighting as the result of
which he fell and broke his right ankle.
I beg to advise that there is no lia-
bility ou the part of the City with ref-
erence to this claim, and I, therefore,
recommend that the same be disal-
lowed,
I am returning claim herewith,
Respectfully submitted,
AL. J. NELSON,
City Solicitor.
Councilman Clark moved that the
recommendation of City Solicitor Nel-
son be approved and that the claim be
ordered disallowed. Seconded by Coun-
cilman Van Duelman. Carried by the
following vote: Yeas-Mayor Mur-
phy, Councilman Clarlc, Thompson,
Van Duelman, Wharton. Nays-None.
November 2, 1939.
Honorable Mayor and City Council,
Dubuque, Iowa.
Re: Claim of Russel J. Smith,
Gentlemen:
Prior to my assumption of that office,
there was referred to the City Solicitor
for investigation and report the claim
of Russell J. Smith, filed October 12,
1937, in the total sum of $796.00 on ac-
count of damages alleged to have been
sustained August 27, 1937, to his air-
plane in making a landing in the Mu-
nicipal Airport, said damages alleged
to have been caused by the high weeds
and vegetation growing upon the land-
ing field and to have been due to neg-
ligence of the City of Dubuque.
I beg to advise that I have made an
investigation of the facts and circum-
stances surrounding this claim and find
no liability on the part of the City, and,
therefore, recommend that the claim be
disallowed.
I am returning the claim herewith.
Respectfully submitted,
AL. J. NELSON,
City Solicitor.
Councilman Clark moved that the
recommendation of City Solicitor Nel-
son be approved and that the claim be
ordered disallowed. Seconded by Coun-
cilman Van Duelman. Carried by the
following vote: Yeas-Mayor Mur-
phy, Councilmen Clark, Thompson,Van
Duelman, Wharton, Nays-None.
November 2, 1939.
Honorable Mayor and City Council,
Dubuque, Iowa.
Re: Claim R. J. Byam.
Gentlemen:
On June 27, 1939, there was referred
to me for investigation. and report the
claim of R. J. Byam, filed June 10,1939,
iu the sum of $1323, for damages to the
windshield of his automobile alleged to
have been caused on June 4, 1939, by a
foul ball driven from the Municipal
Baseball Park during the course of a
ball game.
I beg to advise that I have completed
investigation of this claim and find no
liability on the part of the City, and,
therefore, recommend that the claim be
disallowed.
I am returning the original claim
herewith.
Respectfully submitted,
AL. J. NELSON,
City Solicitor,
Councilman Clark moved that the
recommendation of City Solicitor Nel-
son be approved and that the claim
be ordered disallowed. Seconded by
Councilman Van Duelman. Carried by
the following vote: Yeas-Mayor Mur-
phy, Councilmen Clark, Thompson,
Van Duelman, Wharton, Nays-None.
November 1, 1939.
Honorable Mayor and City Council,
Dubuque, Iowa.
Re: Claim of Mrs, Kathryn Kanavas
Gentlemen:
On December 31, 1938, there was re-
ferred to me far investigation and re-
port the claim of Mrs. Kathryn Kana-
vas filed Derember 27, 1938, in the sum
of Five Thousand ($5,000) Dollars for
damages on account of injuries alleged
to have been sustained by her on the
12th day of December, 1938, when she
stepped into a depression or hole in a
rock-curbing at the end of the South-
erly sidewalk on East 17th Street be-
Regular Session, November 6th, 1939. 301
tween Elm and Washington Streets,
and at the Easterly side of the alley be-
tween said Elm and Washington
Streets, beg to advise so that I have
completed investigation of this claim
and find that the accident in question
did happen as set out in said claim, and
that at the time and place in question
there was a rock curbing at the end of
the sidewalk on the Easterly side of
this alley, and that a piece of this curb-
ing, approximately 6 inches in depth
and 9 inches long had broken from the
curbing, leaving a hole or depression
into the curbing into which the claim-
~ ant stepped, causing her to fall.
I further find that as a result of in-
vestigation made that the claimant at
the time of the accident was a woman
of Large stature and of considerable
weight, and that when she fell she
struck this curbing causing a fracture
of the sacrum necessitating X-Ray ex-
amiuations, hospital care for approxi-
mately two weeks, and medical care for
almost four months during which time
claimant was confined to her bed and
unable to' perform her household duties,
~~ I further find from investigation
made in this case that prior to the time
of this accident actual notice of the con-
dition of this curbing had been given
to the city by a former employee of the
_ city, and find and am satisfied that the
condition of this curbing constituted a
culpable defect for which the city was
liable.
1' Under date of August 4, 1939, there
was filed with the City Clerk a com-
munication from the claimant herself in
which she sets out expenses incurred as
the result of said fall in the total sum of
$442.80. This does not include any item
~, or amount for pain, suffering or per-
manent injury.
I beg to advise that I have effected
settlement of this claim for the sunr of
$442.80 and respectfully recommend
that upon her execution of a receipt and
release herewith enclosed, warrant be
drawn iu the sum of $442.80, payable
to Mrs. Kathryn Kanavas.
I am returning the claim and com-
munication herewith.
Respectfully submitted,
AL. J. NELSON,
City Solicitor.
tween Elm and Washington Streets,
and at the Easterly side of the alley be-
tween ];lm and Washington Streets,
said warrant to be delivered upon the
signing of a receipt and release by the
said Mrs. Kathryn Kanavas. Seconded
by Councilman Clark, Carried by the
following vote: Yeas-Mayor Murphy,
Councilmen Clark, Thompson, Van
Duelman, Wharton. Nays-None.
There being no further business,
Councilman Clark moved to adjourn
Seconded by Councilman Van Duel-
man. Carried by the following vote:
Yeas-Mayor Murphy, Councilmen
Clark, Thompson, Van Duelman,
Wharton. Nays-None.
J. J• SH$A,
City Clerk.
Approved ______________________1940,
Adopted ________________________1940.
Councilmen: _______________________
Attest: -----------------------------
City Clerk.
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 on the General Fund in the
amount of $442,80 in favor of Mrs.
Kathryn Kanavas as settlement in full
of her personal injury claim, said claim
resulting from a fall caused when she
stepped into a depression or hole in the
rock-curbing at the end of the Sotuh-
erly sidewalk on East 17th Street be-
302 Special Session, November 27th, 1939.
City Council
(Official)
Special Session, November 27th, 1939.
Council met at 6:00 P. M.
Present-Mayor Murphy, Council-
men Clark, Thompson, Van Duelman,
Wharton, City Manager Rhomberg.
Meeting called by order of Councilmen
Vau Duelman and Wharton.
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
petitions requesting suspension of their
1938 taxes and acting on any other
business as may properly come before
a regular meeting of the City Council,
Notice of Claim of Joe P. Heim in an
unstated amount for personal injuries
received in a fall on an icy sidewalk at
20th and Central Avenue, stating that
the accident was caused due to the
sprinkling of said street by the street
sprinkler, after which ice formed on the
sidewalk, presented and read. Coun-
cilman Clark tnoved that the Notice of
Claim be referred to the City Solicitor
for investigation and report. Seconded
by Councilman Thompson. 'Carried by
the following vote: Yeas-Mayor Mur-
phy, Councilmen Clark, Thompson,Van
Duelman, Wharton. Nays-None.
Comunicatiou of J. M. Cleminshaw
Co., Appraisal Engineers, relative to the
revaluation of properties itt the City of
Dubuque, presented and read. Coun-
cilman Thompson moved that the com-
munication be received and filed. Sec-
onded by Comtcilman Clark. Carried
by the following vote: Yeas-Mayor
Murphy, Councilmen Clarlc, Thompson,
Van Duelman, Wharton, Nays-Noce.
Petition of Rretschmer Insurance
Company requesting release of the Ex-
cavation Bond of George F. Piuski,
presented and read. Councilman Clark
moved that the request be granted.
Seconded by Councilman Wharton.
Carried by the following vote: Yeas-
Ma}ror Murphy, Councilmen Clark,
Thompson, Van Duelman, Wharton.
Nays-None.
Petition of Ryder Realty Company
requesting permission for the installing
of an area-way on the West Third
Street side of the new Bus Station, pre-
sented and read. Councilman Clark
moved that the request be granted and
that the City Solicitor be instructed to
prepare a proper ordinace, the cost of
publication of said ordinance to be
borne by the Ryder Realty Company.
Supervisors, requesting suspension of
Carried by the following vote: Yeas-
Mayor Murphy, Councilmen Clark,
Thompson, Van Duelman, Wharton.
Nays-None.
Petition of Perfection Oil Company
requesting permission to erect a four
inch light standard directly back of the
curbing in front of their station at
Rhombrg Avenue and Elm Street,
presented and read, Councilman Clark
moved that the request be granted and
that the Perfection Oil Company be re-
quired to furnish the City of Dubuque
with a Public Liability Bond covering
said light standard. Seconded by
Councilman Wharton. Carried by the
following vote: Yeas-Mayor Murphy,
Councilmen Clark, Thompson, Van
Duelman, Wharton. Nays-None.
Petition of P. S. Fawkes, et al, re-
questing the installation of a street
light on Langworthy Avenue midway
between Hill and Alpine Streets, pre-
sented and •read. Councilman Van
Duelman moved that the petition be
referred to the City Manager with
power to act. Seconded by Council-
man Clark. Carried by the following
vote: Yeas-Nlayor Murphy, Council-
man Clark, Thompson, Van Duelman,
Wharton. Nays-None.
Petition of Midwest Lumber Com-
pauy requesting the waiving of the pen-
alties and other extra interest charges
on the redemption of Lots 4, S and 6
of Grandview Heights Addition from
delinquent tax sales which involves
special assessments for the paving and
sewerage on Plymouth Street, present-
ed and read. Councilman Wharton
moved that the petition be referred to
the City Manager and City Treasurer
for investigation and report. Seconded
by Councilman Clark. Carried by the
following vote: Yeas-Mayor Mur-
phy, Councilmen Clarlc, Thompson,
Van Duelman, Wharton. Nays-None.
Petition of Interstate Power Com-
pany requesting permission to erect
structures across the alley at the Kretz
Cafeteria located at Sixth and Main
Streets and also at the Dubuque Medi-
cal Association located at Twelfth and
Main Streets for the purpose of mount-
ing their wires and transformers, pre-
sented and read. Councilman Wharton
moved that the requests be granted and
that the City Solicitor be instructed to
prepare the proper ordinances the cost
of publication of said ordinances to be
borne by the petitioners. Seconded by
Councilman Clark. Carried by the 401-
lowing vote: Yeas-Mayor Murphy,
Councilmen Clark, Thompson, Van
Duelman, Wharton. Nays-None,
Petition of Julia E. Kemler, referred
to the City Council by the Board of
Supervisors, requesting suspension of
Special Session, November 27th, 1939. 303
the 1938 taxes on the North / of Lot 4
of O'Hare's Subdivision, presented attd
read. Councilman Van Duelman moved
that the petition be referred to the City
Solicitor for investigation and report.
Seconded by Councilman Clark. Car-
ried by the following vote: Yeas-
Mayor Murphy, Councilman Clark,
Thompson, Van Duelman, Wharton.
Nays-None.
Petition of Mrs. G. Waldorf, referred
to the City Council by the Board of
Supervisors, requesting suspension of
the 1938 taxes on Lot 81 Langworthy's
Addition, presented and read. Council-
man Van Duelman moved that the pe-
tition be referred to the City Solicitor
for investigation and report. Seconded
by Councilman Clark. Carried by the
following vote: Yeas-Mayor Murphy,
Councilmen Clark, Thompson, Vau
Duelman, Wharton. Nays-None.
Petition of A. J. Stapleton request-
ing that he be reimbursed in the
amount of $129.63 for work, labor and
materials in repairing the sewer on
Grandview Avenue in front of his resi-
denre located at 864 South Grandview
Avenue, presented and read. Council-
man Van Duelman moved that the pe-
tition be referred to the City Manager
for investigation and report. Seconded
by Councilman Wharton. Carried by
the following vote: Yeas-Mayor Mur-
phy, Councilman Clark, Thompson,Van
Duelman, Wharton, Nays-None.
Council Proceedings for the month of
September, 1939, presented for approv-
al Councilman Clark moved that the
Council Proceedings for the month of
September, 1939, be approved as print-
ed. Seconded by Councilman Thomp-
son. 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 September, 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, Councilmen Clark,
Thompson, Van Duelman, Wharton.
Nays-None.
Dubuque, Iowa, November 15th, 1939.
To the Honorable Mayor and City
Council, Dubuque, Iowa.
Gentlemen:
In accordance with the provisions of
Chapter 289 of the State Code of Iowa,
1935, as amended, the Civil Service
Commission conducted a competitive
examination for eligible list for appoint-
meat to the position of Public Health
Nurse, said examination being held on
November 10th, 1939.
The following list shows the names
of those who passed the examination
with an average of 70%o or better.
Harriet L. Hilton____________91%
Elmore J. Kleih______________8S/%
Maude Hammond ___________83%
Frances I. O'Meara__________80%
Mary Herrmann ____________79'/z%
Mary Catherine Koppes______79%
Respectfully submitted,
FRANCIS P. QUINN, M.D.
Chairman,
W. J. RAWSON,
C. S. HARKER, Commissioners.
J• J• SHEA, Clerk, Civil Service Com-
mission.
State of Iowa, County of Dubuque, ss:
Subscribed attd sworn to before me a
Notary Public in attd for Dubuque
County, State of Iowa, this 15th day of
November, 1939.
GERALDINE L. DEMKIER,
Notary Public, Dubuque County, Iowa.
Councilman Clark moved that the
communication and report of the Civil
Service Commission be received and
made a matter of record. Seconded by
Councilman Wharton. Carried by the
following vote: Yeas-Mayor Murphy,
Councilmen Clark, Thompson, Van
Duelman, Whatton. Nays-None.
November 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 Wa-
ter Department for the month of Octo-
ber, 1939, also a list of claims and list
of payrolls for which warrants were
drawn, during the month of October,
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. 196-39.
Whereas, application for Class "B"
Beer Permit has been submitted to this
Council for approval and the same has
been examined; Now, Therefore,
304
Session, November 27th, 1939.
Be It Resolved by the Council of the
City of Dubuque that the following ap-
plication be and the same is hereby ap-
proved and it is ordered that the prem-
ises to be occupied by such applicant
shall be forthwith inspected,
Class "B" Permit.
John S. Mayerle and Florence &Iayerle
(Transfer of address frotn 400 Cen-
tral Avenue) 116 West Sixth Street,
Passed adopted and approved this
27th day of November, 1939.
GIaO. R. MURPHY, Mayor,
FRANK VAN DUI;I,MAN,
AI,B$RT WHARTON,
CARL, A. CLARK;
F. W. THOIvIPSON,
Councilmen.
Attest: J. J. SHI;A, City Clerk,
Councilman Van Duelman moved the
adoption of the resolution. Seconded
by Councilman 'Clarlc Carried by the
following vote: Yea-Mayor Murphy,
Councilmen Clark, Thompson, Van
Duelman, Wharton. Naps-None.
Resolution No. 197-39.
Wheras, heretofore application was
filed by the within named applicant for
Class 'B" Beer Pertnit and has re-
ceived the approval of this Council; and
Whereas, the premises to be occupied
by him have been inspected and found
to comply with the ordinances of this
City and he has filed a proper bond;
Now, Therefore,
Be It Resolved by the Council of the
City of Dubuque that the Manager be
and he is hereby directed to issue to the
following named persons a Beer Per-
mit.
Class "B" Permit.
Name Address
Arthur J. Spahn (Transfer of address
from 428 W. Locust St.) 410 Taighth
Avenue.
Be It Further Resolved that the bond
filed by such applicant be and the same
is hereby approved.
Passed, adopted and approved this
27th day of November, 1939.
G$O. R, MURPHY, Mayor,
FRANK VAN DUIaT,MAN,
ALB$RT WHARTON,
CARL, A, CLARK,
F, W. THOMPSON,
Councilmen,
Attest: J. J. SHIaA, City Clerk,
Councilman Van Duelman moved the
adoption of the resolution. Seconded by
Councilmat Clark. Carried by the fol-
lowing vote: Yeas-Mayor Murphy,
Councilman Clarlc, Thompson, Van
Duelman, Wharton. Nays-None.
Resolution No. 198-39.
Resolution and Application for Perma-
nent Transfer of Funds.
Whereas, an emergency tax levy was
made by the City Council of the City
of Dubuque for use in supplementing
the funds required for debt service dur-
ing the fiscal year beginning April 1,
1939, and ending March 31, 1940, upon
authority and approval of the State
Comptroller; and
Whereas, as of the 25th of Novem-
ber, 1939, there were cash balances itr
the Granding Fund of $6,123.72 and in
the Improvement Fund of $4,154.56;
and
Whereas, there is now in the hands
of the City Treasurer and credited to
the $mergency Fund the sum of $24,-
134.54, which is available for transfer to
the Grading and Improvement Funds
above referred to for debt service; and
Whereas, on November 1, 1939, Grad-
ing Bonds in the amount of $10,000.00
and Improvement Bonds in the amount
of $30,000.00 tnatured and Grading
Bond Interest in the amount of $2,-
250.00 plus Improvement Bond Interest
in the amount of $4,837.50 became due
and payable; and
Whereas, itr order to pay the obliga-
tions due it is necessary to make trans-
fers of $10,330.00 from the $mergency
Fund to the Grading Fund and of $13,-
804.54 from the Zmmergency Fund to the
Improvement Fund; and
Whereas, before any transfer can be
made from the $mergency Fund to any
other fund, an application made to the
State Comptroller for authority to make
the transfer and his approval secured
thereon; Now, Therefore,
Be It Resolved by the City Council
of the City of Dubuque that, subject to
the approval of the State Comptroller,
there be and there are hereby trans-
ferred from the Iamergency Fund the
sum of $10,330.00 to the Grading Fund
and the sum of $13,804,54 to the Im-
provement Fund, and the State Comp-
troller is hereby petitioned to authorize
and approve such transfers,
Be It Further Resolved that, upon
the approval of such transfer the Audi-
tor of the City of Dubuque is directed
to adjust his books accordingly and to
Special Session, November 27th, 1939
notifv the Treasurer of such transfers,
and such notification shall be accom-
panied by a copy of this resolution and
the record of its adoption.
The resolution was passed, adopted,
and approved by unantmous action of
the City Council on the 27th day of
November, 1939, and all members there-
of signed their names thereto.
G>:O, R. MURPHY, Mayor.
FRANK VAN DUI;I,MAN,
AI,B$RT WHARTON,
CARL, A. CLARK,
F. W. THOMPSON,
Councilmen.
Attest: J. J. SH1'A, City Clerk.
Counciitnan Van Duelman moved the
adoption of the resolution. Seconded
by Councilman Clarlc. Carried by the
following vote: Yeas-Mayor Mur-
phy, Councilmen Clark, Thompson,Van
Duelman, Wharton. Nays-None.
Resolution No. 199.39.
x Resolution and Application for Perma-
Y. nent Transfer of Funds.
Whereas, on November 1, 1939, Im-
provement Bonds in the amount of
$30,000.00 matured and Improvement
Bond Interest in the Amount of $4,-
837.50 became due and payable; and
_ Whereas, there is now in the hands
of the City Treasurer and credited to
the Improvement Fund the sum of $4,-
1S4.S6 which is to be supplemented by
a transfer of $15,804.54 from the lamer-
gency Fund; and
Whereas, as of the 2Sth of Novem-
' ber, 1939, there were cash balances of
,~' $57,19320 in the Water Works General
Fund and of $50,575.40 in the Water
Works Sinking Fund; and
Whereas, no Water Works Bonds
nor interest are due and payable during
the remainder of the current fiscal year
and $35,000.00 in bonds and $6,862.50
became due and payable during the suc-
ceeding year and therefore the require-
ments of Section 6151-b1 of the Code of
Iowa have been fully met; and
Whereas, in order to pay the obliga-
tions due it is necessary to make a
transfer of $20,000.00 from the Water
Works General Fund to the Improve-
ment Fund; and
Whereas, before any transfer can be
made from the Water Works General
Fund to any other fund, an application
must be made to the State Comptroller
for authority to make the transfer and
his approval secured thereon; Now,
Therefore,
Be It Resolved by the City Council
of the City of Dubuque that, subject to
the approval of the State Comptroller,
there be and there is hereby transferred
305
from the Water Works General Fund
to the Improvement Fund the sum of
$20,000.00, and the State Comptroller is
hereby petitioned to authorize and ap-
prove such transfer.
Be It Further Resolved, that, upon
the approval of such transfer the Audi-
tor of the City of Dubuque is directed
to adjust his books accordingly and to
notify the Treasurer of such transfers,
and such notification shall be accom-
panied by a copy of this resolution and
the record of jts adoption.
The resolution was passed, adopted,
avd approved by unanimous action of
the City Council on the 27th day of
November, 1939, and all members
thereof signed their names thereto,
G1aO. R. MURPHY, Mayor.
FRANK VAN DU1•I,MAN,
AI,B$RT WHARTON,
CARL, A. CLARK,
F. W. THOMPSON,
Councilmen.
Attest: J. J, SHFA, City Clerk.
Councilman Van Duelman moved the
adoption of the resolution. Seconded
by Councilman Clark, Carried by the
following vote: Yeas-Mayoi• Murphy,
Councilmen Clark, Thompson, Van
Duelman, Wharton. Nays-None.
November 16, 1939,
Honorable Mayor and City Council,
Dubuque, Iowa.
Re: Claim of E. A. Stewart.
Gentlemen:
There has been referred to me for
investigation and report the claim of
$. A. Stewart filed October 14, 1939,
for damages to his automobile sus-
tained October 10, 1939, at or near the
corner of Burch and Hill Streets in the
City of Dubuque, when his automobile
stopped about a car length from the
rear of one of the street flushers and
when, without knowing of the presence
of the automobile, the employee operat-
ing the street flusher backed same into
and against Mr. Stewart's automobile,
damaging the left headlight and fender.
I find that this street flusher was en-
gaged in a governmental function at the
time of this accident, and for that rea-
son there is uo liability on the part of
the city, and I respectfully recommend
that the claim be disallowed.
I am returning the claim herewith,
Yours very truly,
AI,. J. NIa];SON, City Solicitor.
Per Ia, Burds.
Councilman Clark moved that the
recommendation of City Solicitor Nel-
son be approved and that the claim be
disallowed. Seconded by Councilman
Van Duelman. Carried by the follow-
ing vote: Yeas-Mayor Murphy, Coun-
306 Special Session, November 27th, 1939.
cilmen Clark, Thompson, Van Duel-
man, Wharton. Nays-None.
Resolution 200-39.
Whereas, the City Council of the
City of Dubuque, upon its own action,
proposes to amend and change the
zoning may of said City, in the follow-
ing respects:
By changing from "single-family res-
idence district," to "two-family resi-
dence district," the area described as
follows:
" From a point on the Northerly
property line of Kirkwood Street
100 feet Easterly from the Easterly
property line of Alta Vista Street,
thence parallel to Alta Vista Street
to the center line of the alley be-
tween Kirkwood and Bellevue
Strets, thence Easterly along the
center line of said alley to the cen-
ter line of Blake Street, thence
Northerly along the center line of
Blake Street to the center line of
Bellevue Street, thence Easterly
along the center line of Bellevue
Street to the Easterly line of Eliza-
beth Place extended, thence South-
erly to the center line of Elizabeth
Place, thence Westerly along the
center line of Elizabeth Place to the
Westerly property line of Cox
Street, thence Westerly on aline
100 feet Southerly and parallel to the
Southerly property line of Kirkwood
Street to a point 100 feet Easterly
from the Easterly property line of
Alta Vista Street, thence Northerly
on a line parallel to and 100 feet
from the Easterly property line of
Alta Vista Street to the point of be-
ginning."
Whereas, before said zoning map
may be thus amended and changed it
is necessary that a public hearing be
held thereon; Now, Therefore,
Be It Resolved by the City Council
of the City of Dubuque that the City
Clerk be, and he is hereby directed to
cause to be published in the Dubuque
Telegraph-Herald, a notice of a public
hearing to be held by this Council upon
the proposed changes and amendments,
said meeting and hearing being hereby
fixed at 7:30 o'clock P. M., December
18th, 1939, attd to be held in the Coun-
cil Chamber in the City Hall, said no-
tice to be published at least fifteen (1S)
days before the date of said meeting, at
which time all parties in interest and
citizens shall have an opportunity to
be heard.
Passed, adopted and approved this
27th day of November, 1939.
GEO. R, MU_I~PH`Y, 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 Mur-
phy, Councilmen Clark, Thompson,Van
Duelman, Wharton. Nays-None,
Ordinance No. 31-39. An ordinance
granting to E. P. Kretz, owner, his
heirs and assigns the right to construct
and maintain a canopy in front of and
attached to a building located on the
North 37 feet 11 inches of I,ot Twenty
(20) in the City of Dubuque, Iowa, and
prescribing the conditions of such per-
mit, presented and read. Councilman
Van Duelman moved that the reading
just had be considered the first reading
of the ordinance. Seconded by Coun-
cilman Wharton. Carried by the fol-
lowing vote: Yeas-Mayor Murphy,
Councilmen Clark, Thompson, Van
Duelman, Wharton. Nays-None.
Councilman Van Duelman moved that
the rules be suspended requiring an or-
dinance to be read on three separate
days. Seconded by Councilman Whar-
ton. Carried by the following vote:
Yeas-illayor Murphy, Councilmen
Clark, Thompson, Van Duelman,
Wharton. Nays-None. The ordi-
nance 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 Wharton. Car-
ried by the following vote: Yeas-
Mayor 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,Whar-
tou. Nays-None,
J. J. SHEA,
City Clerk.
Approved ______________________1940,
Adopted ________________________1940.
-----------------------
Councilmen: -----------------------
Attest: -----------------------------
City Clerk.
Regular Session, December 4th, 1939. 307
City C ouncil
(Official)
Regular Session, December 4th, 1939.
Council met at 8:00 P. M.
Present-Mayor Murphy, Council-
men Clark, Thompson, Vau Duelmalt,
1Vhartou, City Manager Rbomberg.
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.
Original Notice of Suit of Mary E.
Hense itt the atnount of $1,000.00 as
damages for personal injut•ies sustained
in a fall on a defective sidewalk on the
North side of West Fifth Street, be-
tween Main and Iowa Streets, and in
front of the building occupied by the
Molo Oil Company, presented and read.
Councilman Clark moved that the Orig-
inal Notice of Suit be referred to the
City Solicitor. Seconded by Council-
man Thompson. Carried by the fol-
lowing vote: Yeas-Mayor Murphy,
Councilmen Clark, Thompson, Van
Duelman, Wharton. Nays-None.
Resolution No, 198-39
Resolution and application for -perma-
nent transfer of funds.
1AThereas, an emergency tax levy was
made by the City Council of the City
of Dubuque for use in supplementing
the funds required for debt service dur-
ing the fiscal year beginning April 1,
1939, and ending March 31, 1940, upon
authority and approval of the State
Comptroller; attd
Whereas, as of the 2Sth of Novem-
ber, 1939, there were cash balances in
the Grading Fund of $6,123,72 and in
the Improvement Fund of $4,154.56;
and
Whereas, there is now iu the hands
of the City Treasurer and credited to
the Emergency Fund the sum of $24,-
134.54, which is available far transfer
to the Grading and Improvement
Funds above referred to for debt ser-
vice; and
Whereas, ott November 1, 1939,
Grading Bonds in the amount of $10,-
000.00 and Improvement Bonds in the
amount of $30,000 matured and Grad-
ing Bond interest in the amount of
$2,250.00 plus Improvement Bond In-
terest itt the amount of $4,837.50 be-
came due attd payable; and
Whereas, in order to pay the obliga-
tions due it is necessary to make trans-
fers of $10,330.00 from the Emergency
Fund to the Grading Fund and of $13,-
804.54 from the Emergency Fund to
the Intprovetnent Fund, and
Whereas, before any transfer can be
made from the Emergency Fund to any
other fund, an application made to the
State Cotnptrollet• for authority to make
the transfer and his approval secured
thereon; __ow, Therfeore,
Be It Resolved, by the City Council
of the City of Dubuque, that, subject to
the approval of the State Comptroller,
there be and there are hereby trans-
ferred from the Etnrgency Fund the
suns of $10,330.00 to the Grading Futtd
attd the suns of $13,804.54 to the Im-
provement Fuud, and the State Comp-
troller is hereby petitioned to author-
ize and approve such transfers.
Be It Further Resolved that, upon
the approval of such transfer the Aud-
itot• of the City of Dubuque is directed
to adjust his books acordittgly and to
ttotity the Treasurer of such transfers,
aitd such notification shall be accom-
panied by a copy of this resolution and
the record of its adoption.
The resolution was passed, adopted,
attd approved by unanimous action of
the City Council ou the 27th day of
November, 1939, and all members
thereof signed their names thereto,
GEO. R, MURPHY, Mayor.
FRANK VAN DUEI,MAN,
ALBERT WHARTON,
CARL, A. CLARK,
F. W. THOMPSON,
Councilmen.
Attest: J. J, SHEA, City Clerk.
The above resolution and, application
having been filed with the State Comp-
troller, the transfer requested is hereby
approved this 28th day of November,
1939.
C. FRED PORTER,
State Comptroller.
Councilman Clark moved that the ap-
proval of State Comptroller Porter be
received and made a matter of record.
Seconded by Councilman Thompson.
Carried by the following vote: Yeas-
Mayor Murphy, Councilmen Clark,
Thompson, Vau Duelman, 'Wharton.
Nays-None.
Resolution No. 199-39.
Resolution and application far per-
manent transfer of funds.
Whereas, on November 1, 1939, Im-
provement Bonds in the amount bf $30,-
000.00 matured and Improvement Bond