1938 February Council ProceedingsRegular Session, February 7th, 1938 13
City Council
(Official)
Regular session, February 7,1938,
Council met at 8;05 p.m.
Present-Mayor Chalmers, Coun-
cilmen Bennett, Clark, Kane, Mur-
phy, City Manager Rhomberg,
Mayor Chalmers 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 Mrs, Dorothy
Slater in the sum of $500.00 for per-
sonal injuries and damages sus•
tained in falling on icy' crosswalk
an the south side of Rhomberg
Avenue at the Alley between Jack-
son Street and White Street, pre-
sented and read,
Councilman Bennett moved to
refer the Notice of Claim to the
City Solicitor. Seconded by Coun•
Gilman Murphy. Carried by the
following vote:
Yeas--Mayor Chalmers, Council-
men Bennett, Clark, Kane, Murphy.
Nays-None.
Notice of Claim of Mt•s. F, A.
Richards in the sum of $600.00 for
injuries and damages sustained in
falling due to the dangerous condi-
tion of the street while crossing
from the west to the east side of
the street on Twelfth and Locust
Streets, presented and read.
Councilman Murphy moved to
refer the Notice of Claim to the
City Solicitor. Seconded by Coun-
cilman Bennett. Carried by the
following vote:
Yeas--Mayor Chalmers, Council-
men Bennett, Clark, Kane, Murphy.
Nays-None,
Communication of the Executive
Committee of the Tt•uck Drivers
Loca1421 and the Independent Millt
Drivers requesting postponement of
consideration of the proposed milk
ordinance for at least 30 days to
grant time to study the ordinance,
presented and read.
Councilman Kane moved to refer
the communication to the City
Council for their consideration.
Seconded by Councilman Clark.
Carried by the following vote:
Yeas-Mayor Chalmers, Council-
men Bennett, Clark, Kane, Murphy.
Nays-None,
Communication of the Board of
Directors of the Dubuque Coopera•
tive Dairy Marketing Association
endorsing the proposed milk ordi-
nance regulating the production,
processing, inspection and sale of
milk and milk products in the City
of Dubuque, Iowa, presented and
read.
Councilman Kane moved to refer
the communication to the City
Council for their consideration.
Seconded by Councilman Clark.
Carried by the following vote:
Yeas-Mayor Chalmers, Council-
men Bennett, Clark, Kane, Murphy.
Nays-None.
Petition of Frank C. Luther,
Owner, and Pau] J. Weitz, Lessee,
requesting permission to remove
the old canopy now extending over
the sidewalk on the property
known at No. 1111 West 14th,
Street and asking further permis•
sion to have erected a new canopy
on this property, presented and
read,
Councilman Kano moved to refer
the petition to the City Manager
and Building Commissioner for in-
vestigation and report- Seconded by
Councilman Clarke. Carried ~by
the following vote;
Yeas-Mayor Chalmers, Council-
men Bennett, Clark, Kane, Murphy,
Nays-None.
Petition of Frank R. Zemanek re•
questing the City Council to con•
sider the reducing of the special
sewer assessments levied against
Lots 2, 3, 4, 5, and 6 in Mill's West
Dubuque Addition and also that the
penalty and interest charges be
dropped on these assessments and
also requesting the vacation of the
Alley from south of Green Street
from Avoca Street east to the east-
erly line of Mill's West Dubuque
Addition, presented and read,
Councilman Kane moved that the
request be denied. Seconded by
Councilman Bennett- Carried .by
the following vote:
Yeas-Mayor Chalmers, Council-
men Bennett, Clark, Kane, Murphy,
Nays-None.
Petition of Mettel Realty and In•
vestment Company requesting the
vacation of the Alley lying between
Lot 165 and Lots 328,.329 and 330
in Finley Addition and submitting
an offer of $50.00 therefor pro-
vided the arrangement now under-
way can be completed, presented
and read,
Councilman Clark moved to refer
the petition to the Planning and
Zoning Commission for their re-
commendation and report. Sec-
onded by Councilman Murphy, Car•
ried by the following vote;
Yeas-Mayor Chalmers, Council•
men Bennett, Clark, Kane, Murphy,
Nays-None.
Petition of Clem J. McGuire,
owner, requesting permission to
repair and extend a certain loading
14 Regular Session, liebruary 7th, 1938 _
platform located on the north east
side of City Lots 752-753 in the
alley at the address 251 West Sixth
Street, presented and read.
Councilman Ifane moved that the
request be granted and the City
Solicitor to be instructed to pre-
pare aproper ordinance covering
said platform. Seconded by Coun-
cilman Clark, Carried by the fol-
lowing vote:
Yeas-Mayor Chalmers, Council-
men Bennett, Clark, Kane, Murphy.
Nays-None.
Petition of Dubuque Star Brew•
ing Company requesting permis-
sion to erect a large wood and
steel sign on their property at 9th
and Central Avenue, presented and
read,
Councilman Bennett moved to
refer the petition to the City Solici-
tor and Building Commissioner for
investigation and report. Seconded
by Councilman Murphy, Carried by
'the following vote:
Yeas--Mayor Chalmers, Council-
men Bennett, Clark, Kane, Murphy.
Nays-None,
Petition of Frank Kressig, re•
ferred to the City Council by the
Eoard of Supervisors, requesting
the suspension of the 1937 taxes on
Lots 74, 75 and 70 of Pleasant View
Addition, presented and read.
Councilman Bennett moved to
refer the petition to the City Solici-
tor for investigation and report.
Seconded by Councilman Clark.
Carried by the following vote;
Yeas-Mayor Chalmers, Council-
men Bennett, Clark, Kane, Murphy,
Nays-None.
Ordinance No. ~1-36
An ordinance granting the J, P.
Stampfer Company, its successors
and assigns, the right to construct
and maintain an unloading plat-
form in the alley abutting Lot 30
in the Town (crow City) of Du-
buque; prescribing the conditions
of such permit, said ordinance hav-
ing been passed upon first and
second readings on January 24th.,
1938, presented and read a third
time,
ORDINANCE N0, 1-38.
An ordinance granting to J. P,
Stampfer Company, its successors
and assigns, the right to construct
and maintain an unloading platform
in the alley abutting Lot 30 in the
Torvn (now City) of Dubuque; pre-
scribing the conditions of such per-
mit.
Be it ordained by the City Council
of the City of Dubuque:
PARAGRAPH 638, Section 1, That
the J. F. Stampfer Company, its suc-
cessors and assigns, be and it is
hereby granted the right and au-
thority to construct and maintain
an unloading platform in the alley
abutting Lot 30 in the Town (now
City) of Dubuque, such unloading
platform to be 4 feet, 3 inches !n
width and 19 feet, 9 inches in length,
the same to be used in connection
with the operation of the business
of said company, said structure to
be built under the supervision of
the Building Commissioner oY the
City of Dubuque.
PARAGRAPH 639, Section 2, It is
understood and provided that such
right, ,license and permission to use
such alley is subject to the continu•
ous control of the City Council of
this CitS', reserving the right to im-
pose restrictions or conditions upon
the enjoyment thereof as may be
reasonably Necessary for the protec-
tion of the public interests, includ-
ing the right to revoke and rescind
such permission if at any time the
public interests should require such
revocation, If and when such per-
mit, right. attd license is revoked
by the Council, said J. F. Stam-
pfer Company, its successors and as-
signs, shall remove such unloading
platform at its own expense and
restore such part of the alley as has
been occupied thereby to the same
condition it was in prior to the con-
struction of such platform.
PARAGRAPH 690, Section 3. This
ordinance shall be in force and ef-
fect ten (10) days from and after
its final passage, adoption and ap-
Itroval by the City Council and pub-
lication as provided by law and the
rights hereunder shall accrue to said
J. F. Stampfer Company, its suc-
cessors and assigns, when the pro-
visions hereof shall have been ac-
cepted by said company.
Passed upon first and second read-
ings this 24th day of January, 1935,
Passed, adopted and approved upon
final reading this 7th day oY Feb•
ruary, 1933.
JOHN K. CHALMERS,
MayoC.
CARL A. CLARK,
flI. R. IfANE,
GEO. R, iIIURPHY,
ARTHUR M. BENNETT,
Cottnciltnen.
Attest; J, J. SHEA,
City Clerk,
ACCEPTANCE BY J. F, STAMPFER
COMPANY
The J. F, Stampfer Company does
hereby accept the terms, provisions
and conditions of the ordinance
adopted by the City Council of the
City of Dubuque designated as
"Ordinance No. 1-38. An ordinance
granting- to J. F. Stampfer Com-
pany, its successors and assigns, file
right to construct and maintain an
unloading platform in the alley abut-
ting Lot 30 in the Torvn (now City)
of Dubuque; prescribing the condi-
tions oP such permit," this 11th day
of February, 1938.
J. F. STAMPFER COMPANY,
By Thomas M. Stampfer,
President.
Published officially In the Tele•
graph-Herald newspaper, February
14th, 1938. J. J. SHEA,
2-14-1t City Clerk,
Councilman Clark moved the
adoption of the ordinance, Second-
ed by Councilman Kane. Carried
by the following vote:
Yeas-Mayor Chalmers, Council•
men Bennett, Clark, Kane, Murphy.
Nays-None,
Regular. Session, liebruary 7th, 1938 15
~' Ordinance No. 2-36
~ An ordinance amending Ordi•
nonce No, 4-33 entitled: "An or-
dinance providing that certain busi-
nesses and vocations conducted in
the City of Dubuque shall be
licensed; fixing the license fee
therefor; defining terms employed;
prescrjbing the regulations which
shall apply to businesses and voca-
tions required to be licensed; re•
pealing all ordinances or parts of
ordinances in conflict herewith;
and prescribing a penalty for viola-
tion hereof",, by repealing the pro•
visions thereof relating to itinerant
physicians and surgeons as pro•
vided for in Paragraph 309, Sec-
tion 1, and enacting a substitute
therefor, said ordinance having
been passed upon. first and second
readings on January 24th., 1938,
presented and read a third time.
ORDINANCE N0, 2-38,
An ordinance amending Ordinance
No. 4-33 entitled: "An ordinance
l~rpviding that certain businesses and
vocations conducted in the City of
Duhttque shall be licensed; fixing the
license fee therefor; defining terms
employed; prescribing- the regulations
which shah apply to businesses and
vocations required to be licensed; re-
pealing all ordinances or parts of or-
dinances in conflict herewith; and
prescribing a penalty for violation
hereof," by repealing the provisions
thereof relating to itinerant physi-
cians and surgeons as provided for in
Paragraph 309, Section 1, and enact-
ing asubstitute therefor.
Be it ordained by the City Council
of the City of Dubugue:
PARAGRAPH 641, Section 1. Thal
Ordinance No, 4-33 entitled: "Au
ordinance providing that certain busl-
nesses and vocations conducted to
the City of Dubugue shall be
licensed; fixing the license fee there-
for; defining terms employed; pre-
scribing the regulations which shall
.apply to businesses and vocations re-
quired to be licensed; repealing all
ordinances or parts of ordinances in
conflict herewith; and prescribing a
Penalty fur violation hereof" be and
the same is hereby amended'by re-
pealing the provisions thereof re-
]at[ng to itinerant physicians and
surgeons as provided for in Para•
,graph 309, Section 1 thereof, and en-
acting asubstitute therefor, so that
hereafter such provision shall be as
follows:
"Itinerant Physicians and Surgeons.
(1) The term "itinerant physicians
and surgeons" shall mean any per-
son engaged in the practice of medi-
cine and surgery who, by himself,
agent or employee goes from Place to
place, or from house to house, or by
.circulars, letters or advertisements,
.solicits persons to meet him for pro-
fessional treatment at places other
than his office maintained at the
place of h1s residence.
(2) The license fee for itinerant
physicians and surgeons, as herein
defined, shall be as follows: $10.00 a
day; $25,00 a week; $50.00 a month;
and $120.00 a year.
(3) Such license fee shall be pay
.able in advance and any person mho
practices such profession without
first . securing a license shall be
punished as provided for in Para-
graph 315, .Section 7, of said ordi-
nance."
Paragraph 642 Section 2, This ordi-
nance shall be in force and effect
10 days from and after its final pas-
sage, adoption and approval by the
City Council and publication as pro-
vided by law,
Passed upon first and second read-
ings this 24th, day of January, 1938.
Passed, adopted and approved upon
final reading this 7th. day of Feb-
ruary, 1938.
JOHN K. CHALMERS.
Mayor.
CARL A. CLARK.
NI. R, KANE.
GEO, R. MURPHY.
ARTHUR M,BENNPITT
Councilmen.
Attest: J. J, SHEA.
City Clerk,
Published officially in the Tele•
graph-Herald newspaper, February
9th., 1938.
J. J. SHEA.
2-9-1t. City Clerk.
Councilman Clark moved lthe
adoption of the ordinance, Second-
ed by Councilman Bennett. Carried
by the following vote:
Yeas-Mayor Chalmers, Council-
men Bennett, Clark, Kane, Murphy.
Nays-None.
Ordinance No, 3-38
An ordinance requiring pawn
brokers, junk dealers and dealers
in second-hand goods to give notice
of the purchase or receipt of
mechanic's tools and equipment;
prohibiting the purchase by pawn
brokers, junk dealers and dealers
in second-hand goods of any pro-
perty from minors; prescribing a
penalty for violation hel•eof; and
declaring an emergency, said ordi-
uauce having been passed upon
firrst and second readings on Jan-
uary 24th, 1938, presented and
read a third time,
ORDINANCE N0. 3-33
An ordinance requiring pawn brok-
ers, junk dealers and dealers in sec-
ond-hand goods to give notice of the
purchase or receipt of mechanics'
tools and equipment; prohibiting the
purchase by pawn brokers, junk deal-
ers and dealers in second-hand goods
of any property from minors; pre-
scribing a penalty for violation here-
of; and declaring an emergency.
Be it ordained by the City Council
of the City of Dubuque:
Paragraph 643. Section 1. Every
pawn broker`, junk dealer or dealer
in second-hand goads conducting their
business in the City of Dubuque who
shall purchase or receive from any
persoh any tool or implement such as
is commonly used by carpenters,
bricklayers, plasterers, plmnbers or
other mechanics in the construction
or erection of buildings shall, within
24 hours after the purchase or reoeipt
of such tool or implement, give no-
tice to the Chief of Police, Captain of
Police or Police Sergeant at the Po-
lice Station in said City, stating the
date on which said tool or implement
was purchased or received and the
16 Regular Session, February 7th, 1938
name oP the person from whom same
was purchased or received; and 'the
pawn broker, junk dealer or dealer in
second-hand goods so purchasing or
receiving such tool or implement shall
not sell or dispose of the same for a
period of 48 hours after the notice
above specified is given, and until the
expiration of such time shah keep
said tool or implement in his store,
shop or place of business in such
place that the same can be readily
seen and examined.
Paragraph 644. Section 2, Pawn
brokers, junk dealers and second-
hand dealers shall not purchase or re-
ceive any property from minors with-
out the written consent of their par-
ents or guardians.
Paragraph 645, Section 3. Any per-
son who violates the provisions of
this ordinance shall be deemed guilty
of a misdemeanor and, upon convic-
tion shall be fined not to exceed
$100.00 or imprisoned not to exceed
30 days in jail,
Paragraph 646. Section 4. This or-
dinance being deemed urgent and in
the interest of public safety, good
order and convenience, shall be in
force and effect from and after its
final passage and adoption by the
City Council and publication as prc-
vided by law.
Passed upon first and second read-
ings this 24th day of January, 1938.
Passed, adopted and approved upon
final reading this 7th day of February,
1938.
JOHN Ii. CHALMERS,
Mayor.
CARL A, CLARK,
M. R, KANE,
GEO. R. MURPHY,
ARTHUR 14I, BENNETT,
Councilmen.
Attest: .f. J. SHEA,
City Clerk,
Published officially in The Teln-
graph-Herald newspaper, February
9th, 1938.
J. J. SHEA,
2-9-1t City Clerk.
Councilman Bennett moved the
adoption of the ordinance. Second-
ed by Councilman Clark, Carried
by the following vote;
Yeas-Mayor Chalmers, Council•
men Bennett, Clark, Kane, Murphy.
Nays-None.
Proof of publication, certified to
by the publishers, of the statement
of receipts and also a list of claims
for which warrants were drawn
during the month of December,
1937, presented and read,
Councilman Murphy moved that
the proof of publication be received
and filed. Seconded by Councilman
Clark. Carried by the following
vote:
Yeas-Mayor Chalmers, Council-
men Bennett, Clark, Kane, Murphy.
Nays-None.
Report of the Board of Health
for the month of December, 1937,
presented,
Councilman Bennett moved that
the report of the Board of Health
for the month of December, 1937,
be received and placed on file.
Seconded by Councilman Murphy.
Carried by the following vote:
YeasJMayor Chalmers, Council-
men Bennett, Clark, Kane, Murphy.
Nays-None.
February 7th, 1938,
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen:
With reference to the attached
petition of the E. E, Frith Com-
pany, which was referred to the
Planning and Zoning Commission
by the City Council, on January
27th, Planning and Zoning Com-
mission wishes to report that at a
meeting, held today, this petition
was considered and the property
viewed,
Considering the fact that the
Planning and Zoning Commission
had very little data to work on it
was decided to recommend that
the City Council request the E. E,
Frith Company to file definite plans
of their proposed improvements,
and present same with the petition
again to the City Council. After
this the Planning and Zoning Com-
mission would like to give the
matter further study.
Respectfully submitted,
R. V. McKAY,
Secretary.
Councilman Bennett moved that
the recommendation of the Plan•
ping and Zoning Commission be
approved. Seconded by Councilman
Murphy. Carried by the following
vote:
Yeas-Mayor Chalmers, Council-
men Bennett, Clark, Kane, Mttrphy,
Nays-None.
February 5, 1938
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen:
This is to advise that I have
approved the following bonds and
policies and desire to have your
approval on same for filing:
EXCAVATION
H. B. McCarten, 231 West 5th
Street; Policy No, PL43174, Bitum-
inous Casualty Corporation,
SIGNS
Genz Stores, 1301.1337 Central
Avenue; Policy No, 20071, Employ
ors Mutual Casualty Co,
Henry Wilberding, 449 Main
Street; Policy Na, 29180, Employ-
ers Mutual Casualty Co.
Mi-Lady Beauty Salon, 221 West
9th Street; Policy No, PL43214,
Bituminous Casualty Corporation.
John N. Juergena & Son, 1824
Central Avenue; Policy No, ILO
Regular .Session, February .7th, 1938 17
65808, Great American Indemnity
Co.
Walker Shoe Company, 661 Main
,- Street; Policy Ne. PL43220, Bitum•
. inous Casualty Corporation.
' Max Berk, 611 Main Street;
Policy No. PL43203, Bituminous
Casualty Corporation.
- Ward Market, 1876 Central Aver
nue; Policy No, PL43188, Bitumin•
ous Casualty Corporation,
Peter Zillig, 2222 Central Ave•
nue; Policy Na, PL 43211, Bitumin-
ous Casualty Corporation.
F, M. Jaeger, et al, 622 Main
Street; Policy No. GPL 107992,
Massachusetts Banding & Ins. Co,
Diamond Grill, Incorporated, N,
E. Cor, 9th & Main Streets; Policy
No. OLT319235, Indemnity Ins. Co,
of N. A.
Kies Drug Store, 1362 Central
Avenue; Policy No. 20459, Employ-
ers Mutual Casualty Co,
Ado Genz, 1333 Central Avenue;
Policy No, 0. L, & T. 2202215, Con-
tinental Casualty Co.
Steve Koleopulos (Coney Island
Lunch), 493 Main Street; Policy
" No. ILO55809, Great American In-
demnity Co.
' George F. Back and Emil M,
Bock, 2231 Central Avenue; Policy
No. ILC 26369, Great American In•
demnity Co,
Courtland F, Hillyard & Sabyl H,
Kretschmer, 1135 Main Street;
Policy No, IOT 1400, The Fidelity
& Casualty Co,
Leath & Company, 664.72 Main
Street; Policy No. OLT314249, In-
demnity Ins. Company of N, A,
Chas. F. Winters & Franklin
American Trust Co„ Garage at 880
Locust Street; Policy No,17-011444,
Maryland Casualty Co,
'' Mrs. H. Ellwanger, 400 Iowa
~~ Street; Policy No, BIt504429-III,
Liberty Mutual Ins. Co.
Loyal Order of Moose No, 365,
1379 Central Avenue; Bond No,
16223, Merchants Mutual Bonding
Co,
K" G. R. Kinney Co., Inc., 600 Main
^' Street; Bond No. 16503fi-D, Amer-
y.,- icon Surety Co. of N. Y.
y, ,
.~
Spiritual Science Society, 236
- West 9th Street; Bond No. 76835-
26368, Maryland Casualty Co,
w'
~= Continental Oil Company, 5th &
~ Locust Streets; Policy No, PL-
169678, Hartford Accident & Indem•
=`r4 nity Co.
H, Trenkle Company, 1227 Cen•
tral Avenue; Policy No. IMC 656,
Standard Accident Ina, Co.
Klauer Julien Hotel Co., N. E,
Cor. 2nd & Main Streets; Policy
No. G. L. 457833, Hartford Accident
& Indemnity Co.
Respectfully submitted,
A. A. RHOMBERG,
City Manager,
Councilman Clark moved that the
-bonds and policies be approved and
placed on file. Seconded by Coun-
cilman Murphy. Carried by the
following vote;
Yeas-Mayor Chalmers, Council-
men Bennett, Clark, Kane, Murphy.
Nays-None,
February 7, 1938.
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen:
At the session of the City Coun•
cil held January 24, 1938, the bill
of Mrs. J. P, Seitz of 1047 West 14th
Street for services rendered 'by
Mullen Bros, & Company for clean-
ing out her house sewer was re-
ferred to me for an investigation
and report, '~
An investigation shows that the
stoppage causing the trouble was
in the main sewer in West 14th
Street and I recommend that the
bill of $17.71 be paid Mullen Bros,
8c Company from the main sewer
fund of the City.
Respectfully submitted,
A, A. RHOMBERG,
City Manager.
Councilman Kane moved that the
recommendation of City Manager
Rhomberg be approved and that a
warrant in the amount of $17.71 be
ordered drawn on the Main Sewer
Fund in favor of Mullen Bros. &
Company as per bill rendered for
services in taking care oY stoppage
in main sewer at 1047 West 14th
Street. Seconded by Councilman
Clark. Carried by the fol]owinB
vote:
Yeas-Mayor Chalmers, Council-
men Bennett, Clark, Kane, Murphy,
Nays-None,
February 7, 1938.
To the Honorable Mayor
and City Council,
Dubuque, Iowa,
Gentlemen:
At the meeting oY the City Coun-
cil on January 24, 1938, the petition
of C. S, Corzine, et al, requesting
that the routing of the Fremont
Avenue and Grandview Avenue
busses be changed and that St.
Joseph Street be improved fit for
bus travel was referred to me for
the purpose of conferring with the
officials of the Interstate Power
Company,
I have met with Mr. A, H, Smith
of the Transportation Department
of the Interstate Power Company
18 Regular Session, February 7th, 1938
and Lind that the re•rputirig of the
Grandview Avenue bus to provide
service on Bennett Street Could be
effeptad by the Power Company
without undue disturbance of their
schedule. A great number pf the
residents of Bennett Street and
vicinity have telephoned tp mY
office the past few days indicating
their desire for such a change,
I find in the Council record that
several years ago a similar pro
posal met with considerable ob•
jeetion which was based largely up•
on the fact that Bennett Street was
set aside as a street for coasting in
the winter. If the Council should
desire to order the extension of
bus service on Bennett Street this
matter of coasting should be con•
sidered.
The Interstate Power Company
is not favorable to rerouting of the
>! remput Avenue bus over St. Jos-
eph Street unless the street is first
imBroved. St. Joseph Street at pre•
Seat iS a macadam street with
stone curbs on part of its length,,
the work having been done under
relief projects. I have inquired
into the possibility pf paving St,
Joseph Street by special assess•
meat and find that of the lots front-
ing op St. Joseph Street, 37% of
the frontage represented is at pre-
sent delinquent in the payment of
the costs of the West Dubuque
Sewer District. For this reason I
do not believe it economically fear
Bible to levy an additional assess-
ment against the property for the
improvement of the street and re-
commend that the proposed bus
routing on St, Joseph Street be
denied.
Respectfully submitted,
A. A. RHOMBERG,
City Manager,
Councilman Kane- moved to sus•
pend the rules for the purpose of
allowing any one Present in the
Council Chamber, who wishes to do
so, to address the Council, Second•
ed by Councilman Clark, Carried
by the following vote:
Yeas--Mayor Chalmers, Council-
men Bennett, Clark, Kaue, MurPbY.
Mra, Maud Hutchings. and Miss
Elsie Datisman addressed the Coun-
cil requesting that the Interstate
Power Company route their busses
over Bennett Street. Mr. $enry
Goard addressed the Council re-
questing that the Interstate Power
Company route the Fremont Ave•
nue busses over St, Joseph Street.
Councilman Kane moved to refer
the communication of Cfty Mana.
get Rhomberg tp the City Council.
Seconded by Councilman Clark.
Carried by the following vote;
Yeas-Mayor Chalmers, Couneil•
men Bennett, Clark, Kane, Murphy,
Nays--None.
February 7, 1938.
To the Honorable 14laYpr
and City Council,
Dubuque, Iowa.
Gentlemen:
At the regular monthly meeting
of the Council held January 3rd the
petition of Jacob D. Neiman con•
cernirig delinquent paving assess•
ments was referred tp me for in-
vestigation and report.
Mr, Neiman was assessed in 1931
for the paving of Wood Street be•
tween 14th Street and Rosedale
4~venue on Lot 6 of Mineral Lpt 178
in the amount of $254,15 and on Lot
10 of Gray's Subdivision in the
amount of $209.70, To date hp has
made two payments on T+pt 6 of
$25,41 each plus interest and qn
p,ot 10 one payment pf $20,97 plus
interest.
The lots in question on the west
side of Wood Street slope rather
sharply away from the street and
at thG time of levying the assess-
ment Mr, Neimau's name appears
on the Council Proceedings aS Ob•
jetting to the amount against the
lots. The Council record of Feb•
ruary 16, 1931, states as follows:
"Request of J. D. Neiman of
December j,2th fora 50% reduc•
tion in the assessments for paving,
water, sewer and gas connections
on Lot 0 and 1 of 6 of Mineral Lot
178 and also on Lot 10 Gray's Sub•
division (an which there is a house
loeatedq on Wood Streot was in-
vestigated but not allowed,"
The time that has elapsed since
the levy was made may not permit
a reduction at this time. I would
suggest that the Couneil view the
property if, in their opinion, any re•~
ductipn is passible,
Respectfully submitted,
A, A, RHaMBERG,
City Manager.
Councilman Kane moved that the
cotnmunipatiou of City Manager
Rhomberg be received and filed•
Seconded •by Councilman Clark,
Carried by the following vote:
Yeas-Mayor Chalmers, Couneil•
men Bennett, Clark, Kane, Murphy.
Nay s-None.
Resolution No. 4-•.36
WHEREAS, applications for
Class ">T` Beer Permits: pave been
submitted to this Council for ap•
Regular Session, February 7th, 1938 19
proval and the same have been
examined: NOW, TfIEREFO$K,
BE IT RESOLVI+)D by the Coun.
cil of the City of Dubuque that the
following aBPlicatipns be and the
same are hereby approved and it
ie ordered that the premises to be
occupied by such applicants Shall
be forthwith inspected,
CLASS "B" PERMIT
Patr)ck R. Kennedy (Transfer of
address from 2408 Central Ave.),
2412 Central Avenue.
Gust BiUis (Transfer of address
from 597 Maip Street), 605 Main
;attest.
Passed, adopted and approved
this 7th day of February, 1938,
JOHN K. CHALMERS,
Mayor.
CARL A. CLARK,
M, R. KANE,
GEO, R. MURPHY,
A. M. BENNETT,
Councilmen.
Attest; J. J. SHEA,
City Clerk,
"' Councilman Bennett moved the
adoption of the resolution. Second-
ed by Councilman Murphy. Carried
by the following vote:
Yeas-Mayor Chalmers, Council-
men Bennett, Clark, Kane, Murphy.
Nays-None,
Resolution No, 5-36
WHEREAS, heretofore applica-
tions were filed by the within
named applicants for Class "B"
Beer Permits and they received the
.approval of this Council; and
WHERI7AS, the premises to be
.occupied by them have been in-
spected and found to compll+ with
the ordinances of this City and
they have filed a proper bond:
Now, Therefore,
BE IT BESOLVED by the Coun•
~cil 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
Roy F, Gau (new), 2093 Wash•
ingtop Street,
Patrick R, Kennedy (Transfer of
:address from 2408 Central Avenue,
2412 Central Avenue,
Gust $illis (Transfer of address
.from 597 Main Street), .605 Main
,Street.
BE IT FURTHER RESOLVED
that the bonds filed by such app]i•
cants be and the same are hereby
.approved,
Passed, adopted and approved
this 7th day of February, 1938.
JOHN K, CHALMERS,
Mayor,
CARL A. CLARK,
M, R. KANI';,
GEO. R, MURPHY,
A, M. BENNETT,
Councilmen.
Attest; J. J. SHEA,
City Clerk.
Councilman Bennett moved the
adoption of the resolution, Spcond•
ed by Councilman Murphy, Carried
by the following vote;
Yeas-Mayer Chalmers, Council•
men Bennett, Clark, Kane, Murphy,
Nays-None,
Resolution .No. 6-38
Resolution and application for
authority to transfer the sum of
$13,523.96 from the Emergency
Fund to the Consolidated, Street•
cleaning, and Main Sewer Funds of
the City of Dubuque.
WHEREAS, as of the first day of
February, 1938, there was a cash
balance in the Consolidated Fund
of $4,272.14 and no balance at all !n
the Street-cleaning and Main Sew•
er Funds; and
WHEREAS, there is now in the
hands of the City Treasurer and
credited to the Emergency Fund
the sum of $13,523,96, which is
available for transfer to the funds
above referred to; and
WHEItI!]AS, there has been re-
paid to the Bonded Debt Sinking
Fund from the Consolidated Fund
during the fiscal year, 1937.38, the
sum of $19,112.35, being the balance
due such Bonded Debt Sinking
Fund ou account of a transfer here-
tofore made therefrom to the Con-
solidated Fund and because of such
payment, a deficiency has resulted
in such fund; and
WHEREAS, the Street-cleaning
Fund has become exhausted be•
cause of extraordinary weather con-
ditions resulting in streets and
sidewalks being covered with sleek
ice and rendering the same danger.
ous to vehicular and pedestrian
trayel, thereby necessitating the
use of street crcws~ by day and
night; and
1VHERIJAS, the tax levy for the
Main Sewer Furid was inadequate
tq provide far the maintenance and
repairs of the mgin Sgw.er SYste~
of said City; and
WHEtZ,E~S, in grder to be able
to carry on the various functiogs
and activities of said City as re•
presented by the above funds to
the end of the present fiscal year,
it will be necessary to make trans-
fers to such funds from the Emer-
2Q Regular ,Session, February 7th, 1938
gency Fund in the following '
amounts; (a) to the Consolidated
Fund, $0,523.96; (b) to the Street•
cleaning Fund, $5,000.00; (c) to the
Main Sewer Fund, $2,000.00; and
WHEREAS, before any transfer
can be made from the Emergency
Fund to any other fund, an appli•
cation must be made to the State
Comptroller for authority to make
the transfer and his approval se•
cured thereon: NOW, T H E R E•
FORE,
Be it resolved 'by the City Coun•
cil of the City of Dubuque that,
subject to the approval of the
State Comptroller, there be and
there is hereby transferred from
the Emergency Fund of the City of
Dubuque (a) to the Consolidated
Fund the sum of $0,623.96; (b) to
the Street-cleaning Fund the sum
of $5,000.00; and (c) to the Main
Sewer Fund the sum of $2,000.00,
which is now in the hands of the
City Treasurer, and the State
Comptroller in hereby petitioned to
authorize such transfer,
Be it further resolved that when
such approval has been received
from said State Comptroller that
the Auditor and Treasurer correct
their books occordingly,
Passed, adopted and approved
this 7th day of February, 1938.
JOHN K. CHALMERS,
Mayor.
CARL A, CLARK,
M. R. KANE,
GEC, R. MURPHY,
A. M. BENNETT,
Councilmen.
Attest: J. J, SHEA,
City Clerk.
Approval
The foregoing resolution and
approval far the transfer of funds
be and the same is hereby ap•
proved this ........ day of February,
1938.
State Comptroller.
Councilman Clark moved the
adoption of the resolution. Second•
ed by Councilman Kane. Carried
by the following vote:
Yeas-Mayor Chalmers, Council
men Bennett, Clark, Kane, Murphy,
Nays-None,
Councilman Bennett moved that
the request of the Tavern Keeper
Association, for permission to with
draw their petition recommendin@
to the City Council that by a pro•
per ordinance the issuance of Cla@f
"B" beer permits be regulated, bf
granted. Seconded by Councilman
Clark. Carried by the followin€
vote;
Yeas-Mayor Chalmers, Council
men Bennett, Clark, Kane, Murphy.
Nays-None.
Attorney F. D. Gilloon addressed
the Council requesting the City
Council to consider and take steps
for the granting of relief on the
electric light and power rates now
being charged by the Interstate
Power Company.
Councilman Clark moved that the
City Manager be directed to in•
struct the Interstate Power Com•
pony and the Key City Gas Com•
pony to submit to the City Council
a statement of their earnings and
disbursements for the past fiscal
year, Seconded by Councilman
Murphy. Carried by the following
vote;
Yeas-Mayor Chalmers, Council-
men Bennett, Clark, Kane, Murphy,
Nays-None,
Verbal report of City Solicitor
Czizek recommending the settle~
went of the Claim of George W.
Jackson in the amount of $300.00
for personal injuries sustained in
falling on a defective sidewalk at
the Jackson school, near the west
line, presented.
Councilman Bennett moved that
the recommendation of City Solici•
for Czizek be approved and that a
warrant in the amount of $300.00
be ordered drawn on the City Trea•
surer in favor of George W. Jack•
son as settlement in full of his
personal injury claim, Seconded by
Councilman Murphy. Carried by
the following vote:
Yeas-Mayor Chalmers, Council•
memBennett, Clark, Kane, Murphy.
Nays-None,
Verbal report of City Solicitor
Czizek recommending the settle~
went of the Suit of Rachel Atkin•
son in the amount of $75.00 for per-
sonal injuries and damages sus•
tained in falling on the street cross-
ing at the intersection of Ninth
Street and Central Avenue on
the south side of said intersection,
said fall occuring ,February 24th.,
1936, and that a warrant in the
amount of $75.00 be ordered drawn
on the City Treasurer in favor of
Kenline, Roedell and Hoffmann,
Attorneys, as settlement in full of
the Suit of Rachel Atkinson, the
Plaintiff to pay court costs in the
suit, presented,
Councilman Bennett moved that
the recommendation of City Solici•
for Czizek be approved and that a
warrant in the amount of $76.00 be
ordered drawn on the City Trea•
surer in favor of Kenline, Roedell,
and Hoffmann, Attorneys, as settle-
ment in full of the Suit of Rachel
Atkinson, the Plaintiff to pay costs
Regular Session, February 7th, 1938 31
of Suit. Seconded by Councilman
Murphy. Carried by the following
vote;
Yeas-Mayor Chalmers, Council•
men Bennett, Clark, Kane, Murphy.
Nays-None,
There being no further business
Councilman Bennett moved to ad•
jcurn. Seconded by Councilman
Clark, Carried by the following
vote:
Yeas-Mayor Chalmers, Council-
men Bennett, Clark, Kane, Murphy,
Nays-None.
J. J. SHEA,
City Clerk.
Approved ..................................1938,
Adopted ....................................1938,
Councilmen; ~ ......................................
Attest :................................................
City Clerk.