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1938 April Council ProceedingsRegular Session, April nth, 1938 77
City Council
(Official)
Regular Session, April 4th, 1938.
Council met at 7;45 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 and also the first
meeting of the fiscal year for the
transaction of such business as
may properly came before the
meeting,
Communication of Albert Whar-
ton submitting his resignation as
a member of the Dubuque Dock
Commission because of his recent
election to the City Council, pre•
sented and read.
Councilman Bennett moved that
the resignatien be accepted, Sec-
onded by Councilman Murphy .
Carried by the following vote:
Yeas-Mayor Chalmers, Council-
men Bennett, Clark, Kane, Murphy.
Nays-None.
Mayor Chalmers administered
the oath of office t o the new 1 y
elected members, N4•ank W. Thomp-
son, Frank Van Duelman and Al-
bert Wharton, whereupon Mayor
Chalmers and Councilmen A, M.
Bennett and Mark R. Kane retired
and the new Council went into
session,
Councilman Murphy moved that
Councilman Clark be elected as
Mayor for the ensuing year. Sec-
onded by Councilman Van Duel-
man. C ~a r r i e d by the following
vote:
Yeas - Councilmen M u r p h y,
Thompson, Van Duelman, Wharton.
Nays-None,
Councilman Clark not voting,
The oath of office was adminis-
tered to Mayor Clark by the City
Clerk, whereupon Mayor Clark
took the Mayor's chair,
Commuuication of Al. J. Nelson
submitting application for the of-
fice of City Solicitor, presented and
read.
Councilman Murphy moved to re-
fer the communication to the City
Council. Seconded by Councilman
Van Duelman, Carried by the fol-
lowing vote:
Yeas-Mayor Clark, Councilmen ~
Murphy, Thompson, Van Duelman,
Wharton.
Nays-None.
Communication of J. E d w a r d
Whelan submitting application for
the office of Police Judge, present•
ed and read,
Councilman Murphy moved to re-
fer the communication to the City
Council. Seconded by Councilman
Van Duelman, Carried by the fol-
lowing vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton.
Nays-Ngne,
Communication of Ray E. Lick-
lider submitting application for the
office of Police Judge; presented
and read.
Councilman 114urphy moved to re-
fer the communication to the City
Council. Seconded by Councilmen
Van Duelman. Carried by the fol-
lowing vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton.
Nays-None,
Communication of George W.
Hird submitting application for the
office of Police Judge, presented
and read.
Councilman Murphy moved to re-
fer the communication to the City
Council. Secbnded by Councilman
Van Duelman, Carried by the fol-
lowing vote;
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton,
Nays-None.
Communication of Milton J,
Glenn submitting application for
the office of Police Judge, present-
ed and read.
Councilman Murphy moved to re-
fer the communication to the City
Council. Seconded. by Councilman
Van Duelman, Carried by the fol-
lowing vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton,
Nays-None.
Communication of James M.
Beidler submitting application for
the office of Assessor for Julien
Township, presented and read.
Councilman Murphy moved to re-
fer the communication to the City
Council. Seconded by Councilman
Van Duelman. Carried by the fol-
lowing vote;
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton.
Nays-None,
Councilman Murphy moved that
the Council recess for the purpose
of considering the various applica-
tions. Seconded by Councilman
Van Duelman, Carried by the fol-
lowing vote:
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7g Regular Session, April 4th, ,1938
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
IVharton,
Nays-None.
Council recessed 'at 5:00 P, M,
far the purpose of considering the
various applications filed for var-
ious offices, Council reconvened at
8:50 P. M,
Verbal request of Ray E. Lick-
lider for the withdrawal of his ap-
plicatipn for the office of Police
Judge, presented.
Councilman Murphy moved that
the request be granted, Seconded
by Councilman Van Duelman. Car-
ried by the fallowing vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton,
Nays-None,
Verbal request of J. E d w a r d
Whelan for the withdrawal of his
application for Police Judge, pre•
sented.
Councilman Murphy moved that
the request be granted. Seconded
by Councilman Van Duelman. Car-
ried by the following vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton.
Nays-None.
Resolution No. 25-38.
A resolution providing for the
appointment of officers of the City
of Dubuque; prescribing their sal-
aries and fixing their bonds.
Be It Resolved by the City Coun•
cil of the City of Dubuque that the
following officers be appointed to
serve during the fiscal year 1938-
1939, subject, however, to the right
of the Council to declare such of-
fices vacant or remove the officers
therefrom at the pleasure of the
Council with m• without cause, and
to be paid the following compenaa•
tion proided for in the budget as
adopted for the fiscal year 1938-
1939, and the following bonds shall
be provided by such officers at the
expense of the individual officer:
City Manager, A. A, Rhomberg,
salary, $5,500,00, bond $5,000.00;
City Solicitor, Al. J. Nelson, salary
$3,600.00, bond $1,000.00; City
Clerk, J. J. Shea, salary $2,400.00,
bond $1,000.00; Police Judge, Mil-
ton J. Glenn, salary $1,500.00, bond
$1,000,00; City Assessor, George
Bennett, salary as provided by law
to be fixed by Board of Super-
visors and paid by Dubuque Coun-
ty, bond $50D,OD,
Be It Further Resolved that the
salary of the City Manager shall
be paid ~as follows:- $4,400.00 from
the General Fund and $1,100.00
from the Water Works Administra-
tion Fuud,
Passed, adopted and approved
this 4th day of April, 1938.
CARL A, CLARI{,
Mayor.
FRANK AN DUELMAN,
ALBERT WHARTON,
GEO. R, MURPHY,
F, W. THOMPSON,
Councilmen.
Attest: J. J, SHEA,
City Clerk.
Councilman Murphy moved the
adoption of the resolution.
Councilman Wharton requested
that the City Council vote. on the
appointment for each office separ•
Gately.
Appointment of A. A, Rhomberg
for the office of Gity Manager.
Carried by the following vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton;
Nays-None.
Appointment of Al. J. Nelson for
the office of City Solicitor: Car•
ried by the following vote:
Peas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Nays-Councilman Wharton.
Appointment of J. J. Shea for the
office of City Clerk: Carried by
the following vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton.
Nays-None,
Appointment of Milton J. Glenn
for the office of Police Judge; Car•
ried by the fallowing vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton.
Nays-None,
Appointment of George Bennett
for the office of City Assessor:
Carried by the following vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton.
Nays-None.
Mayor Clark then administered
the oath of office to the newly ap•
pointed officers; A, A. Rhomberg,
City Manager; Al. J. Nelson, City
Solicitor; J, J. Shea, City Clerk;
Milton J. Glenn, Police Judge, and
George Bennett, City Assessor.
April 4, 1938,
To the Honorable Mayor and City
Council, Dubuque, Iowa.
Gentlemen: As City Manager of
the City of Dubuque, I beg to ad•
vise you that I have appointed the
following persons to assist me as
officers and employees in the or-
derly administration of the city
• Regular Session, April 4th, 1938 79
government of this City and of the
various departments thereof, said
officers and employees to be under
my supervision, direction and con-
trol and their appointments to con-
tinue during the pleasure of the
Manager, and they shall be paid
such salaries as are set up oppo-
site their names and in accordance
with the budget approved by the
City Council for the fiscal year,
1938-1939;
City Auditor-
y ..................$2,450,00
ors a 1
Cit Treasurer-'
Otto F, Puls ....................... 2,400.00
Building Commissioner-
FI, H, Howie ...................... 3,000:00
Health Director-
Dr. W, J, Connell.....,...,.. 1,800.0(1•
Market Master-'
Charles McCarthy ......,,.... 1,400.00
Recreation Director-
Carl Grabow .................... 2,250.00
All other employees of depart-
ments at present engaged therein
in accordance jvith the budget of
1938.1939 have been reemployed by
me and will continue to work for
the City under such conditions as
tc timo and rates 'of salary and
wages as provided for in said
budget,
Respectfully submitted,
A. A, RHOMBERG,
City Manager.
Councilman Murphy moved that
the communication of City Man-
ager Rhomberg be made a matter
of record, Seconded by Council-
man Van Duelman. Carried by the
following vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton,
Nays-None.
Resolution No. 26-38,
A resolution selecting the ofdc•
ial newspaper of the City of Du-
buque,
Be it resolved by the City Coun-
cil of the City of Dubuque that the
Telegraph-Herald, 'a daily news-
paper of general circulation in the
City of Dubuque, be and it is here-
by designated and appointed the
official newspaper of said City,
Passed, adopted and approved
this 4th day of April, 1938.
CARL A. CLARK,
Mayor,
FRANK VAN DUELMAN,
ALBERT WHARTON,
GEO, R. MURPHY,
F. W, THOMPSON,
Councilmen,
Attest: J. J. SHEA,
City Clerk,
Counci]man Murphy moved the
adoption of the resolution, Second-
ed by Councilman Van Duelman.
Carried by the following vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton,
.Nays-None. .
Resolution No, 27-38,
A resolution designating the de•
positories for public funds of the
City of Dubuque,
Be It Resolved by the City Coun-
cil of the City of Dubuque that the
following banks be appointed de-
positories of the public funds, and
the City Treasurer is hereby auth-
orized to distribute such funds in
such banks in amounts not to ex-
ceed the fallowing: First National
Bank, $175,000,00; American Trust
and Savings Banlc, $150,000,00; Du•
buque Bank and Trust Company,
$100,000.00,
Be it Further Resolved that the
City Treasurer be and he is here•
by directed to file with the County
Treasurer of Dubuque County ,
Iowa, a list of such depositories
and to keep such list on file tivith
such County Treasurer at all
times,
Passed, adopted and approved
this 4th day of April, 1938.
CARL A. CLARK,
Mayor.
FRANK VAN DUELMAN,
ALBERT VJHARTON,
GEO. R. MURPHY,
F. W. THOMPSON,
Councilmen.
Attest: J. J. SHEA,
City Clerk,
Councilman Murphy moved the
adoption of the resolution. Second-
ed by Councilman Van Duelman.
Carried by the following vote;
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton,
Nays-None. .
Resolution No. 28-36.
A resolution appointing the
Board of Review and fixing the
compensation of the member s
thereof.
Be It Resolved by the City Coun•
cil of the City of Dubuque that the
following named persons be ap-
pointed the Board of Review of the
City of Dubuque for the year 1938;
JOHN H. WEIMER
EUGENE FORWARD
ROBERT CLANCY
Be It Further Resolved that each
of the above named members of
said Board of Review be paid the
sum of $200.00 in full compensation
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80 Regular Session, April 4th, 1938 ~ _
far all services to be rendered by
them in the performance of their
duties, said sums to be paid from
the General Fund.
Passed, adopted and approved
this 4th day of April, 1938,
CARL A, CLARK,
Mayor,
FRANK VAN DUELMAN,
ALBERT WHARTON,
GEO, R. MURPHY,
F, W, THOMPSON,
Councilmen,
Attest: J. J. SHEA,
City Clerk.
Councilman Murphy moved the
adoption of the resolution. Sec•
onded by Councilman Van Duel-
man. Carried by the following
vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton,
Nays-None.
Continuation Certificates on the
bonds of J. J, Sliea, City Glerk;
Robert P. Marshall, City Auditor;
Milton J, Glenn, Police Judge, pre•
sented for approval,
Councilman Mm~phy moved that
the Continuation Certificates be ap•
proved and placed on file. Second-
ed by Councilman Van Duelman.
Carried by the following vote:
Yeas-Mayor Clarl{, Councilmen
Murphy, Thompson, Van Duelman,
Wharton,
Nays-None.
Bond of Waldo Adams in the
amount of $1,000,00 as Park Com-
missioner, presented for approval.
Councilman Murphy moved that
the bond be approved and placed
on file. Seconded by Councilman
Van Duelman. Carried by the fo]-
]owing vote:
Yeas-Mayer Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton.
Nays-None,
Claim of Mrs. Walter Boettcher
in the amount of $150 for personal
injuries received in a fall on icy
sidewalk in front of property lo-
cated at 2355 Roosevelt Street,
presented and read.
Councilman Murphy moved to re•
fer the claim to the City Solicitor.
Seconded by Councilman Van Duel-
man. Carried by the following
vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton.
Nays-None.
Notice of Levy and Sale of D, W,
Bates as Receiver of Union Trust
and Savings Bank, Plaintiff, versus
Emma Schmid et al„ on the North
2.5 of Out Lot 461 and the North-
erly ~,Of the North 1.5 of Out Lot
456, Presented and read,
Councilman Murphy moved to
refer the Notice of Levy and Sale
to the City Solicitor. Seconded by
Councilman Van Duelman. Carried
by the following vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton,
Nays-None.
March 30, 1938.
City Council, City of Dubuque,
Dubuque, Iowa.
Gentlemen: Enclosed you will
find a certified copy of our auth-
ority to transact the business of
Fidelity and Surety Insurance in
the State of Iowa, which we wish
to file in accordance with Section
12760 of the Iowa Revised Code of
1936,
Please acknowledge receipt of
this certificate. A self-addressed
postcard is enclosed for your use.
Yours very truly,
MUTUAL SURETY COMPANY
OF IOWA,
Russell F. Lundy,
President.
Councilman Murphy moved that
the communication be made a mat-
ter of record. Seconded by Coun-
cilman Van Duelman, Carried by
the following vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton.
Nays-None,
Petition of Ed. Kirchhoff request-
ing a refund in the amount of
$26.D0 on his cigarette permit as
he has discontinued his business at
623 Main Street, presented and
read.
Councilman Murphy moved that
the request be granted and that a
warrant in the amount of $25.00 be
ordered drawn on the City Treas-
urer in favor of Ed. Kirchhoff to
cover the amount of refund grant-
ed. Seconded by Councilman Van
Duelman. Carried by the following
vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton.
Nays-None.
Petition of Mrs. Margaret E. Ho-
gan, referred to the City Council
by the Bcard of Supervisors, re-
questing the suspension of the 1937
taxes on the North ~Z of City Lot
326, Presented and read,
Councilman Murphy moved to
refer the petition to the City Solic•
it itor for investigation, and report,
Seconded by Councilman Van Duel-
Regular Session, April 4th, 1938 81
man. Carried by the following
vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton,
Nays-None.
Communication of Wm, Green,
President, American Federation of
Labor, acknowledging receipt of
invitation to attend the celebration
in observance of the Fiftieth Anni-
versary of the Dubuque Trades and
Labor Congress, presented and
read,
Councilman Murphy moved to re-
ceive and file the communication.
Seconded by Councilman Van
Duelman. Carried by the following
vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton.
Nays-None,
April 4, 1938,
To the Honorable Mayor and City
Council, Dubuque, IoNa.
Gentlomen: This is to a d v i s e
that I have approved the fallowing
bonds and policies and desire to
have your approval on same for
filing:
EXCAVATION.
Nesler & Buechel, 1043 Main
Street; Bond ATo. 56025, Continen-
tal Casualty Co.
illullen Brothors Company, 1036
Main Street; Bond No, 53481, Con-
tinental Casualty Co.
Curtis-Straub Company, 1069
Main Street;. Bond No. 3717792 Fi-
delity & Deposit Co,
Edward T. Cleaver, 1135 Main
Street; Bond No. 735674, The Fi-
delity & Casualty Co, of N. Y.
The Key City Gas Company, 669
Main Street; Bond Na, 735674, The
Fidelity & Casualty Cc, of N, Y,
SIGNS.
Central Motor Company, 453
Bth Avenue; Policy No, PL 43249,
Bituminous Casualty Corporation.
11lathey Motors Company, 501.541
White Street; Policy No. OPW435,
Central Surety & Insurance Cor-
poration,
G. H, Holscher (Holscher' a
Apothecary), 1101 Main Street;
Policy No. OLT 5327, Fireman's
Fund Indemnity Co,
Carl J. Smith (Triangle Hatch-
ery), 1451 Central Avenue; Policy
No, LP 3151, Fireman's Fund In-
demnity Co.
G o o d m a n' s Incorporated, 704
Main Street; Policy No. ILO 55816,
Great American Indemnity Co.
Dr, Charles E, Loizeaux, 220
West Ninth Street; Policy No.
OLEF 2202194, Continental Casual-
ty Co.
William C. Leilc, 501 Rhomberg
Avenue; Policy No. 0. L. & T.
2202193, Continental Casualty Com-
pony.
Adam Zillig, 1347 Central Ave-
nue, Policy No. ILO 55822, Great
American Indemnity Company.
A. G. Peryon (Peryon's Phar•
m~acy), 257 8th Avenue; Policy No.
GPL 108009, Massachusetts Bond-
ing & Insurance Co,
Falkenhainer Drug Company,
1097 Julien Avenue; Policy No. GL
9845, Utilities Insurance Company,
Al, Burgmeier (The Chicago-Du-
buque Motor Transportation Co.),
261 Iowa Street; Policy No. GPL
108008, Massachusetts Bonding &
Insurance Co.
Galloway Company, Inc„ 103
Main Street; Policy No. PL 43233,
Bituminous Casualty Corporation.
Coca-Cola Bottling Co, Signs at
the following locations: I r w i n
Rostaurant, 113 11lain Street; Car-
amel Crisp Shop, 708 Maiu Street;
Geo. Ketoff Grocery, 1897 Seminary
Street; Checkerboard Cafe, 245
West 10th Street; Coca-Cola Bot•
tling Co, Inc,, 441.469 White
Street, Policy No, GL 457170,
Hartford Accident & Indemnity
Cc.
Corbett & Scott, 14th and White
Streets; Policy No. 42566, Farmers
Union Mutual Automobile Insur-
ance Co.
Montgomery Ward & Co., 8th
and Main Streets; Band No. 832879,
Globe Indemnity Company.
Gust B i 11 i s , 6th and Main
Streets; Bond No. 125287, Western
Surety Company,
J, P. Horton, 7th and Main
Streets; Bond No. C-171724, Massa•
chusetts Bonding & Insurance Ce.
Dubuque Implement Company, 57
Main Street; Bond No, 71888-K,
American Surety Co. of N. Y.
John Muntz, 36 West Fourth
Street; Bond No. 6953, Merchants
lllutual Bonding Co,
Charles F. Meyers, 5 8th Ave-
nue; Bond No. 12275, Fidelity &
Deposit Co:
L, R. Patch, Sign at Eiseneg-
ger's Old Style Restaurant, 11th
and Iotiva Streets; Policy No. 20GL
16ti6, Aetna Casualty & Surety Co.
Zoller Brewing Co. Sign at Bar-
rington & Miller, 250 West First
Street; Policy No. 443507, Hartford
Accident & Indemnity Co.
Universal Car & Tractor Co., 930
Central Avenue; Policy No, GL
3423, The Hoosier Casualty Co.
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ill
82 Regular Session, April 4th, 1938
CANOPY
Paul J. Weitz, Theatre at 1111
Nest 14th Street; Maryland Cas•
ualty Co.
Respectfully submitted,
A. A, RHOMBERG,
City Manager.
Councilman Murphy moved that
the bands and policies be approved
and placed on file, Seconded by
Councilman Van Duelman, Carried
by the following vote:
Yeas-Mayor Clark, Councilmen
Mut•phy, Thompson, Van Duelman,
Wharton,
Nays-Ngne.
Annual report of City Solicitor
Czizek for the fiscal year, 1937-
1938, presented.
Councilman Murphy moved that
the report be received and placed
on file, Seconded by Councilman
Van Duelman. Carried by the fol•
lowing vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
RVharton,
Nays-Noce.
Resolution No. 29-38
Be It Resolved by the City Coun•
cil of the City of Dubuque that the
following, having complied with
the provisions of law relating to
the sale of cigarettes within the
City of Dubuque, be granted a per•
mit to sell cigarettes and cigarette
papers within said City and the
Manager is directed to issue such
permit on behalf of said City,
Jacob Hedrick, 1236 Iowa Street.
Be It Further Resolved that the
bond filed with the application be
approved,
Passed, adopted and approved
this 4th day of April, 1938.
CARL A. CLARK,
Mayor,
FRANK VAN DUELMAN,
ALBERT WHARTON,
GEO. R, MURPHY,
F, W. THOMPSON,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Murphy moved the
adoption of the resolution. Second-
ed by Councilman Van Duelman,
Carried by the following vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton.
Nays-None.
Resolution No. 30-38
Whereas, applications for Beer
Permits have been submitted to
this Council for approval and the
same have been examined; Now,
Therefore,
Be It Resolved by the Council
of the City of Dubuque that the fol•
lowing applications be and the
same are hereby approved and it
is ordered that the premises to be
occupied by such applicants shall
be forthtivith inspected.
CLASS 'B" PERMIT
Ft•anlc R, Gregory (Transfer of
address from 1105 Julien), 1120
Julien Avenue,
Jacob Hedrick (new), 1236 Iowa
Street.
Alvin Lee (new), 701 Central
Avenue.
Passed, adopted and approved
this 4th day of April, 1938,
CARL A, CLARK,
Mayor.
FRANK VAN DUELMAN,
ALBERT WHARTON,
GEO, R, MURPHY,
F. W. TH'OMPSON,
Councilmen,
Attest: J. J. SHEA,
City Clerk.
Councilman Murphy moved the
adoption of the resolution, Sec•
onded by Councilman Van Duel•
man, Carried by the following
vote;
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton,
Nays-None.
Resolution No. 31-38
Whereas, heretofore applications
were filed by the within named ap•
plicants for Seer Permits and they
received the approval of this Coun•
cil; and
Whereas, the premises to be oc•
cupied by them have been inspect-
ed and found to ,comply with the
ot•dinances 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
11lanager be and he is hereby
directed to issue to the following
named persons a Beer Permit,
CLASS "B" PERMIT
Frank R. Gregory (transfer of
address from 1106 Julien), 1120
Julien Avenue,
Jacob Hedrick (new), 1236 Iowa
Street.
Alvin Lee (new), 701 Central
Avenue.
Be It Further Resolved that the
bonds filed by such applicants be
and the same are hereby approved.
Regular Sessiol
Passed, adopted and approved
this 4th day of April, 1938,
CARL A. CLARK,
Mayor,
FRANK VAN DUELMAN,
ALBERT WHARTON,
GEO, R, MURPHY,
F, W. THOMPSON,
Councilmen.
Attest: J. J, SHEA,
City Clerk,
Councilman Murphy moved the
adoption of the resolution. Sec•
onded by Councilman Van Duel-
man, Carried by the following
vote;
Yeas-Mayot• Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton,
Nays-None.
Councilman Wharton mayed that
Thomas M. Stampfer be appointed
as a member of the Dock Board to
fill the unexpired term of Albert
Wkarton, recently resigned on ac•
count of being elected as a member
of the City Council, said term to
expire November 26th, 1940. Sec•
onded by Councilman Murphy, Car•
vied by the following vote;
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton.
Nays-None.
Councilman Wharton moved that
Curtis S, Harker be appointed as
a member of the Civil Service Com•
mission for the term expiring
March 31st, 1944. Seconded by
Councilman Van Duelman. Cat••
ried by the following vote:
Yeas-Mayor Clat•k, Councilmen
Murphy, Thompson, Van Duelman,
Wharton,
Nays-None.
Councilman Murphy moved to
suspend the rules for the purpose
of allowing any one present in the
Council Chamber, who wishes to do
so, to address the Council, Sec•
onded by Councilman Van Duel-
man, Carried by the following vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton,
Nays-None.
Messrs. Charles Spielman and
Harry Lewis addressed the Council
relative to the rates charged by the
Interstate Power Company for bus
fare and requesting that the City
Council regulate said charge,
Mr. Geo, P. Siegworth addressed
the Council making inquiry as to
when bus service tivould be started
on Dodge Street between Bryant
Street and Grandview Avenue, City
Manager Rhomberg advised Mr.
Siegworth that bus service would
be started on Dodge Street be•
t, April 4th, 1938 83
tween Bryant Street and Grand-
view Avenue just as soon as an
ordinance can be prepared and
adopted,
Councilman Murphy moved that
the matter of regulating the charge
made by the Interstate Power Cpm•
pony for bus fare be referred to the
City Solicitor for to submit a re•
port back to the City Council. Sec•
onded by Councilman Van Due]•
man. Carried by the following
vote;
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton.
Nays-None.
There being no further business
Councilman Murphy moved to ad•
journ. Seconded by Councilman
Van Duelman. Carried by the fol•
lowing vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton,
Nays-None,
J. J. SHiJA,
City Qlerk.
Approved ..................................1938.
Adopted ....................................1938.
Councilmen; { ......................................
Attest :................................................
City Clerk.
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84 Special Session, April 19th, 1938
City Council
(Official)
Special Session, April 19th, 1938.
Council met at 8:00 p. m.
Present-Mayor Clark, Council-
men Murphy, Thompson, Van Duel-
man, Wharton, City Manage r
Rhamberg.
Meeting called by order of Coun•
cilmen Van Duelman and Murphy.
Mayor Clark read the call and
stated that service thereof had
been duly made and that this meet-
ing is called for the purpose of con-
sidering for adoption a resolution
transferring the balance of $807.01
remaining in the Playground Sink-
ing Fund to the Genera] Fund as
provided in Section 387 of the 1935
Cade of Iowa and acting on any
other business as may properly
come before a regular meeting of
the City Council.
Councilman Murphy moved to
suspend the rules for the purpose
of allowing any one present in the
Council Chamber, who wishes to do
so, to address the Council. Sec-
onded by Councilman Van Due]-
man, Carried by the following
vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton.
Nays-None,
Attorney John J. Kintzinger pre•
sented and read the petition of
B. C. Schmid et a] residents and
citizens of the City of Dubuque,
Iowa, requesting that Ordinance
No. 192 be either repealed or
amended so as to give the occu-
pants and owners of the property
in the district designated as the
public market the same and equal
rights that parties have to display
and sell merchandise on the por-
tion of the sidewalks in said public
market district next to the curb,
presented and read.
Attorney John J. Kintzinger and
Messrs. Paradiso and Pusateri ad-
dressed the Council requesting that
the prayer of the petition be
.granted,
Councilman Thompson moved to
refer the petition to the City Coun•
cil for further consideration, Sec•
onded by Councilman Murphy. Car•
ried by the Pollo~ving vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman
Wharton,
Nays-None.
Bond of Al. J. Nelson as City
Solicitor in the amount of $1,000,0(
presented for approval,
Councilman Murphy moved tha
the bond be approved and placeu
~n file. Seconded by Councilman
Van Duelman. .Carried by the fol•
lowing vote;
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton,
Nays-None.
Original Notice of Suit of Ruth
Robothem in the amount of $5,000
for personal injuries received in a
fall on icy sidewalk in front of
Royal Cafe at 16th and Central
Avenue, presented and read.
Councilman Murphy moved to re-
fer the Original Notice of Suit to
the City Solicitor. Seconded by
Councilman Van Duelman. Carried
by the following vote;
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton, Nays-None,
April 15, 1938,
Honorable Mayor, City Manager
and the City Council of Dubuque,
Gentlemen: The members of the
Greater Dubuque Association have
requested me to thank your Honor-
able Body for the progress you
have made on erecting the city
street signs.
We know the citizens of Dubuque
will join with us in our expression
pf thanks for the civic improve-
ment,
LEO N. THEISEN,
Secretary,
Councilman Murphy moved that
the communication be made a mat•
ter of record, Seconded by Council-
man Van Duelman. Carried by the
following vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton,
Nays-None.
Petition of Felix G. Becker ancf
E. J. Voggenthaler requesting that
Wall Street commencing with the
south line of East Seventh Street
to the westerly line of the railroad
tracks crossing Blocks 19 and 20 in
Dubuque Harbor Improvement
Company's Addition be vacated and
also to grant and convey the north-
easterly half of such vacated por-
tion of street to said E. J. Voggen•
thalet• and also to grant and con-
vey the southwesterly half of such
vacated portion of street to Felix
G. Becker, presented and read,
Councilman Murphy moved that
the request be referred to the City
Council to view the grounds and
the petition be referred to the
Planning and Zoning Commission
for their recommendation and re-
port. Seconded by Councilman Van
Duelman. Carried by the following
vote:
Special Session, April 19th, 1938 85
Yeas-Mayor 'Clark, Counci]men
llinrphy, Thompson, Van Duelman,
Wharton.
Nays-None,
Petition of Mrs, Anna Boesen, re•
ferred to the City Council by the
Board of Supervisors, requesting
suspension of the 1937 taxes on the
south 15 feet 2 inches of Lot 256
and all of Lot 256 in East Dubuque
Addition, presented and read.
Councilman Murphy moved to re-
fer the petition to the City Solic•
itor for investigation and report,
Seconded by Councilman Van Duel-
man, Carried by the following
vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton.
Nays-None,
Petition of Peter Haupet•t, re•
ferred to the City Council by the
Board of Supervisors, requesting
suspension of the 1937 taxes on
Lots 3, 4 and 5 of Baseman and
Eberl's Sub., presented and read.
Councilman Murphy moved to re•
fer the petition to the City Solicitor
for investigation and report. Sec•
onded by Councilman Van Duel-
man, Carried by the following
vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton:
Nays-None,
Petition of Joe Costa requesting
a refund on his cigarette permit as
he has discontinued his business as
of March 31st, 1938, presented and
read,
Councilman Wharton moved that
the request be granted and that a
warrant in the amount of $25.00 be
ot•dered drawn on the Genera] Fund
in favor of Joe Costa to cover the
amount of refund granted on his
cigarette permit, Seconded by
Councilman Murphy. Carried by
following vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton.
Nays-None,
April 11, 1938.
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen:
I am submitting herewith reports
of the City Auditor, Cit}~ Treasurer
a.nd City Water Department for the
month of March, 1938, also annual
report of the City Treasurer for
fiscal year beginning April 1, 1937
and ending March 31, 1938, to-
gether with list of claims and list
of payrolls far which warrants
were drawn during the month of
March, 1938.
Respectfu]ly submitted,
A. A, RHOMBERG,
City Manager,
Councilman Murphy moved that
the reports be received and placed
on file. Seconded by Councilman
Van Duelman, Carried by the fol-
lowing vote,
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton. '
Nays-None.
April 19, 1938.
To the Honorable Mayor
and City Council,
Dubuque, Iowa,
Gentlemen:
At the meeting of the City Coun-
cil held March 7, 1938 the petition
of Homer V. Butt requesting per-
mission to construct a concrete
and brick platform extending about
two feet onto the street at ,133.135
West 12th Street was referred to
the City Manager and Building
Commissioner far investigation and
report,
We have examined the proposed
plans for the platform and recom-
mend that the request of Mr. Butt
be granted and that the proper
ordinance be drafted to cover the
installation of the improvement.
Respectfully submited,
A, A, RHOMBERG,
City Manager,
H. H. HOWIE,
Building Commissioner.
Councilman Van Duelman moved
that the t•ecommendation of City
Manager Rhontberg and Building
Commissioner Howie be approved
and the City Solicitor to be in-
structed to prepare an ordinance
coveting the same. Seconded by
Councilman Murphy, Carried by
the following vote,
Yeas~Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton,
Nays-None,
Resolution No. 32-38
PRIMARY ROAD EXTENSIONS
CITIES AND TOWNS
Be it resolved by the City Cottn-
cil of the City of ,Dubuque, Iowa,
1. ,That pursuant to the provi-
sions of Section 4755•b29 of the
Code and Chapter 154 of the Laws
of the 47th General Assembly of
the State of Iowa, we hereby ap-
prove and consent to the main-
tenance of all primary road exten-
sions within said City during the
~~--
86 Special Session, April 19th, 1938
calendar year 1938, by tho State
Highway Conm~ission, as herein-
after set forth:
2, That the approval and con•
sent herein given far the main-
tenance of said primary road ex-
tensions within the said City of
Dubuque is based on the assump•
tion and understanding that said
maintenance to be done by the
State Highway Commission will be
paid for by the State Highway
Commission out of the primary
road fund, and that no charge will
be made against the City of Du-
buque on account of such main•
tenanco performed or to be per-
fortued by the State Highway Com-
mission on the said primary road
extensions within the said City of
Dubuque,
3. That the maintenance to be
done by the State Highway Com-
mission on the primary road exten-
sions within the City of Dubuque
shall include the usual surface
maintenance, roadbed repairs, re-
pairs to bridges, culverts and guard
rail, and other maintenance usually
performed on primary roads out-
side of cities and towns. That on
streets or portions of streets which
are curbed, the maintenance, ex-
cept snow removal, shall extend
ft•om curb to curb. That the main-
tenance of such primary road ex-
tensions shall include plowing the
snow from the full width of the
pavement or other surfacing, pro•
vided that if the pavement or other
surfacing .is more than thirty feet
in width, then the Highway Com•
mission will plow the snow from
a traveled way only about tlirty
feet in width.
4, That the maintenance of such
road extensions by the Highway
Commission shall not include
(a) The loading and 'hauling
away of snow which is plowed off
to the side of the traveled portion
of the roadway.
(b) The sprinkling o f t h e
streets.
(c) The sweeping of the streets.
(d) The maintenance or repair
of any sewers, water pipes or other
services under the traveled sur-
face of the roadway or any costii
incident thereto.
5: That this resolution and the
terms Hereof shall become effeG
true upon the approval and accept-
ance Hereof by the Iowa State
Highway Commission.
Resolutlon approved and adoptod
by the City Council of the City of
Dubuque, Iowa, this 19th, day of
April, 1938:
CARL A, CLARK,
Mayor:
Attest: J. J. SHEA,
City Clerk.
Resolution approved and accept•
ed by the Iowa State Highway
Commission on the .....:..........day of
......................... 19.............
Councilman Thompson moved
the adoption of the resolution.
Seconded by Councilman Murphy,
Carried by the following vote.
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton.
Nays-None.
Resolution No. 33-38
Whereas, the Playground• Sinlt•
ing Fund has heretofore been cre-
ated for the sole purpose of retie
ing indebtedness in the amount of
$27,500.00, plus interest, which was
authorized by the electors on No•
vember 6, 1928 for the purpose of
the Juvenuile Playground, now
known as Comiskey Field; and
Whereas, on December 1, 1937
the last remaining principal and in-
terest was retired and there are
no obligations against the Play-
ground Sinking Fund; now, There-
fore,
Be it resolved by the City Coun-
cil of the City of Dubuque, Iowa,
that the necessity of maintaining
the Playground Sinking Fund bas
ceased to exist and that the bal-.
ante of $807.01 remaining therein
be transferred to the General Fund
as provided in Section 387 of the
1935 Code of Iowa and that the Au-
ditor and Treasurer be notified tc
correct Heir books accordingly,
Passed, adopted and approved
tbis 19th, day of April, 1938.
CARL A. CLARK,
Mayor.
FRANK VAN DUELMAN,
ALBERT WHARTON,
GEO. R. MURPHY,
F, W. THOMPSON,
Councilmen.
Attest: J. J. SHEA,
City Clerk,
Councilman Murphy moved the
adoption of the resolution. Sec-
onded by Councilman Van Duel-
man. Carried by the following
vote.
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton.
Nays-None,
Resolution No. 34--38
Whereas, applications for Class
"B" Beer Permits have been sub•
Special Session,
mitted to this Council for approval
and the same have been examined:
now, Therefore,
Bo it resolved by the Council of
the City of Dubuque that the fol-
lowing applications be and the
same are hereby approved and it
is ordered that the premises to be
occupied by such applicants shall
be forthwith inspected,
CLASS "B" PERMIT
J. Ray O'BPieri (Transfer of ad-
dress from 701 Central), 400 Towa
Street.
H. A. Vandercook, Jr, (New),
1944 Central Avenue.
F, A. Nelson (New), 431 Rhom-
berg Avenue.
Pawed, adopted and approved
this 19th day of April, 1938.
CARL A. CLARK,
Mayor.
• FRANK VAN DUELMAN,
ALBERT WHARTON,
GEO. R. MURPHY,
F. W. THOMPSON,
Councilmen,
Attest: J. J. SHEA,
City Clerk.
Councilman Murphy moved the
adoption of the resolution. Sec-
onded by Councilman Van Duel-
man, Carried by the following
vote,
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton.
Nays-None.
Resolution No. 35-38
Whereas, heretofore applications
were filed by the witlin named
applicants for Class "B" Beer Per-
mits and they received the ap•
proval of this Council; and
Whereas, the premises to be oc-
cupied by them have been inspect-
ed and found to comply with the
ordinances of this City and they
have filed a proper bond: now,
Therefore,
Be it resolved by the Council of
the City of Dubuque that the Man-
ager be and he is hereby directed
to issue to the following named
persons a Bear Permit.
.CLASS "B" PERMIT
J, Ray O'Brien (Transfer of ad•
dress from 701 Central), 400 Iowa
Street.
H. A. ' Vandercook, Jr, (New),
1944 Central Avenue.
F. A. Nelson (New), 431 Rhom-
berg Avenue.
Be it further resolved that the
bonds filed by such applicants be
and the same are hereby approved.
19th, 1938 87
Passed, adopted and approved
this 19th, day of April, 1938,
CARL A; CLARK,
Mayor.
FRANK VAN DUELMAN,
ALBERT W1iARTON,
GEO. R; MURPHY,
F. W, THOI4IPSON,
Councilmen.
Attest: J. J. SHEA,
City Clerk,
Councilman Murphy moved the
adoption of the resolution, Sec•
onded by Councilman Van Duel-
man. Carried by the following
vote.
;'eas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton.
Nays-N
To the Mayor and City Council
of the City of Dubuque:
Re\ Lucile McAloon Vs, City of
Dubuque, No. 28677-Law
Gentlemen:
Attached lereto please find stip-
ulation and settlement of the above
entitled case entered into March
10, 1938, and signed on behalf of
the City of Dubuque, by M. H,
Czizek, then City Solicitor, by the
terms of which this case was set•
fled on the payment of the sum
of Three Hundred Eighteen and
no 100 ($315,00) Dollars, to be
paid by tle following persons and
organizations, as follows:
$79,50 to be paid by defendant,
City of Dubuque;
$79,60 to be paid by J. J. Nagle
Estate;
$79.60 to be paid by Dubuque
Post No. 6, American Legion;
$79,50 to be paid by the Con-
tinental Casualty Co., insurer of
Dubuque Post No. 6, American
Legion.
Investigation discloses that this
settlement was made after full con-
ference between all of the parties
to the stipulation and that the pay
menu to be made by the parties
other than the City of Dubuque
have been paid.
I would accordingly recommend
that the settlement made in ac-
cordance with the enclosed stip•
ulation be approved, and that a
warrant in the sunt of Seventy-
nine and 50-100 ($79.60) Dollars,
drawn upon the general fund, be
issued in favor of Eldon P. Schrup,
Attorney for Lucilo McAloon, plain•
tiff in this case.
Respectfully submited,
AL. J. NELSON,
City Solicitor,
Councilman Thompson moved
that the recommendation of City
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88 Special .Session, April 21st, 1938 -
Solicitor Nelson be approved and
that a warrant in the amount of
$79.5D be ordered drawn on the
General Fund in favor of Eldon P.
Schrup, Attorney for Lucile Mc-
Aloon, as settlement in full of the
City of Dubuque share in the suit
of Lucile McAloan. Seconded by
Councilman Murphy. Carried by
the following vote.
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton,
Nays-None.
Petition of Rev, B. Frommelt,
Pastor, St, John the Baptist
Church, Peosta, Iowa, requesting
permiasien to erect a banner across
Main Street between Eighth and
Ninth Streets, presented and read.
Councilman Van Duelman moved
that the request be granted the
erection of said banner to be done
under the supervision of the Build•
ing Commissioner. Seconded by
Councilman Murphy. Carried by
the following vote.
Yeas-Mayor Clat•Ir, Councilmen
Mttrphy, Thompson, Van Duelman,
Wharton.
Nays-None.
There being no further business
Councilman Murphy moved to ad-
journ. Seconded by Councilman
Van Duelman, Carried by the fol-
lowing vote.
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton.
Nays-None.
J. J, SHEA,
Cfty Clerk,
Approved .........................x........1938.
Adopted ....................................1938,
Councilmen: ~ .....................................
Attest : ................................................
City Clet9r
City Council
(Official)
Special Session, April 21st, 1938.
Council met at 7:45 P, M,
Present-Mayor Clark, Council-
men Murphy, Thompson, Van Duel-
man, Wharton, City Manage r
Rhamberg.
Meeting called by order of Coun-
cilmen Wharton and Murphy.
Mayor Clark read the call and
stated that service therof had
been duly made and that this meet•
ing is called for the purpose of
considering petitions asking that
Daylight Savings Time be adapted
in Dubuque and acting on any
other business as may properly
come before a regular meeting of
the City Council.
Councilman Murphy moved to
suspend the rules for the purpose
of allowing any one present in the
Council Chamber, who wishes to do
so, to address the Council, Sec-
onded by Councilman Van Duel•
man, Carried by the following
vote,
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton.
Nays-None,
Dr, Henry J. Keep presented and
read petition signed by residents
of the City of Dubuque requesting
the City Council to proclaim Day-
light Savings Time for the City
of Dubuque. Mr. Leo A. Steffen
presented and read communica-
tions of Chas. T. Landon, Kraft's
by Clarence C, Goerdt and J. F,
Stampfer Co. by Thomas M. Stamp-
fer advising the City Council that
they favor the proposed Daylight
Savings Titne plan. Petition of
Board of Directors of Tavern
Keepers Association protesting
against the Daylight Savings Time
plan in the City of Dubuque, pre-
sented and read.
Councilman Murphy, moved that
the petitions and communications
favot•ing Daylight Savings Time
and also the petition protesting
against Daylight Savings Time iri
the City of Dubuque be referred
to the City Council for furthet•
consideration, Seconded by Coun-
cilman Van Duelman, Carried by
the following vote.
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton.
Nays-None,
Original Notice of Suit of Vin•
cent Sowle in the amount of $20,-
Special Session, April 21st, 1938 89
000.00 for personal injuries re•
ceived in a fall on defective and
icy steps leading from Cleveland
Avenue Park to Bluff Street Ex-
tension, presented and read.
Councilman Murphy moved to re-
fer the Original Notice of Suit to
the City Solicitor. Seconded by
Councilman Van Duelman, Carried
by the following vote,
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton,
Nays-None.
Original Notice of Suit of Vin-
cent Sowle in the amount of
$20,000,00 for personal injuries re-
ceived in a fall on defective and
icy steps leading from Cleveland
Avenue Park to Bluff Street Ex-
tension, presented and read.
Councilman Murphy moved to t•e-
fer the Original Notice of Suit to
the City Solicitor, Seconded by
Councilman Van Duelman. Carried
by the following vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton,
Nays-None.
Repott of the Board of Health
for the month of March, 1938, pre-
sented.
Councilman Thompson move d
that the report of the Board of
Health for the month of March,
1938, be received and placed on file,
Seconded by Councilman Murphy,
Carried by the following vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton.
Nays-None,
Resolution No, 36-38
Be it resolved by the City Coun-
cil of the City of Dubuque (hat it
is deemed advisable to grant the
Interstate Power Company aright-
of-way and easement fot• the pur-
pose of transmitting electric pow-
er across or over the southeasterly
150' of Lot 593 in Eagle Point or
Ham's Addition in the City of Du-
buque, Iowa, and that it is deemed
advisable to sell the southeasterly
150' of Lot 593 in Eagle Point or
Ham's Addition in the City of Du-
buque, Iowa, to Ernest Breithaupt
for the sum of two hundred and
seventy-five dollars ($275.00) and
to execute a quit claim deed of
such premises to said grantee sub•
ject to the aforsesaid right•of-way
or easement and deliver the same
to him upon the payment of said
purchase price.
Be it further resolved that the
Mayor and Clerk of said City be
and they at•e hereby authorized and
directed to execute said easement
and said deed on behalf of the City
of Dubuque and to affixe thereto
the official seal of said City.
Passed, adopted and approved
this 21st day of April, 1938,
CARL A, CLARK,
Mayor.
FRANK VAN DUELMAN,
ALBERT WHARTON,
GEO. R. MURFHY,
F, W. THGMPSON,
Councilmen,
Attest: J. J. SHEA,
City Clerk,
Councilman Wharton moved the
adoption of the resolution. Second-
. ed by Councilman Van Duelman.
Carried by the following vote,
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton.
Nays-None.
Resolution No. 37-38
Whereas, applications for Class
"B" and Class "C" Permits have
been submitted to this Council for
approval and the same have been
examined: now, Therefore,
Ae it resolved by the Council of
the City of Dubuque that the fol-
lowing applications be and the
same are hereby approved and it
is ordered that the premises to be
occupied by such applicants shall
be forthwith inspected.
CLASS "B" PERMIT FOR
PRIVATE CLUB
Dubuque Golf Club (New), End
of Randall Place.
CLASS "C" PERMIT
F. W. Thompson (Renewal), 55
Locust Street.
Passed, adopted and approved
this 21st day of April, 1938.
CARL A, CLARK,
Mayor.
FRANK VAN DUF}LMAN,
ALBERT WHARTON,
GEO. R. MURPHY,
F, W. THOMPSON,
Councilmen,
Attest: J. J, SHEA,
City Clerk,
Councilman Murphy moved the
adoption of the resolution. SeG
onded by Councilman Van I1uel-
man, Carried by the following
vote.
Yeas-Mayor Clark, Councilmen
Murphy, Van Duelman, Wharton.
Nays-None,
Councilman Thompson not vot•
ing,
Resolution No. 38-38
Whereas, heretofore applications
were filed by the within named
LI
90 Special Session, April 21st, 1938
applicants for Class "B" and Class
"C" Permits and they received the
approval of this Council; and
Whereas, the premises to be oc-
cupied by them have been inspect-
ed and found to comply with the
ordinances of this City and they
have filed a proper band: now,
Therefore,
Be it resolved by the Council of
the City of Dubuque that the Man•
ager be and he is hereby directed
to issue to the following named
persons a Beer Permit.
CLASS "B" PERMIT FOR
PRIVATE CLUB
Dubuque Golf Club (New), End
of Randall Place,
CLASS "C" PERMIT
F. W. Thompson (Renewal), 55
Locust Street,
Be it further resolved that the
bonds filed by such applicants be
and the same are hereby approved,
Passed, adopted and approved
this 21st day of April 1938,
CARL A, CLARK,
Mayor.
FRANK VAN DUELMAN,
ALBERT WHARTON,
GEO. R, MURPHY,
F. W, THOMPSON,
Councilmen.
Attest: J, J. SHEA,
City Clerk.
Councilman Murphy moved the
adoption of the resolution, Sec-
onded by Councilman Van Duel-
man. Carried by the following
vote.
Yeas-Mayor Clark, Councilmen
Murphy, Van Duelman, Wharton.
Nays-None,
Councilman Thompson not vot-
ing.
Councilman Thompson moved
that the City Council extend a let-
ter of appreciation to the Amer-
ican Legion Auxiliary upon the
erection of the signs designating
the rcutes to be taken in order to
locate both the Finley and Mercy
Hospitals. Seconded by Council-
man Van Duelman. Carried by
the following vote.
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton.
Nays-None.
There being no further business
Councilman Murphy moved to ad
jouru, Seconded by Councilmar
Van Duelman. Carried by the fol
lowing vote.
Yeas-Mayor Clark, Councilmet
Murphy, Thompson, Van Duelman,
Wharton.
Nays-None.
J. J, SHEA,
Cfty Clerk.
Approved ..................................1938.
Adopted ....................................1938.
Councilmen: { ......................................
Attest : ................................................
City Clerk.
Special Session, April 25th, 1938 91
City Council
(Official)
Special Session, April 25th, 1938.
Council met at 5:15 p, m,
Present-Mayor Clark, Council-
men Murphy, Thompson, Van
Duelman, Wharton, City Manager
Rhomberg.
Meeting called by order of Coun-
cilmen Van Duelman and Wharton.
Mayot• Clark read the call and
stated that service thereof had
been duly made and that this meet-
ing is called for the purpose bf
considering petitions which have
been referred to the City Council
asking that Daylight Savings Time
be adopted in Dubuque and acting
on any other business as may prop-
erly come before a regular meeting
of the City Council.
Communication of D u b u q u e
Trades and Labor Congress advis-
ing the City Council that at the
regular meeting of the Dubuque
Trades and Labor Congress held
April 18th, that their organization
went on record as being apposed
to Daylight Saving Time presented
and read.
Communication of Black and
White Cab and Transportation
Cotttpany stating that they at•e
sure that Daylight Saving Time
would cause much confusion fot•
people living in and near Dubuque,
as Dubuque would be the only
point for many miles using this
time presented and read.
Communication of Schmid Man-
ufacturing Company and 46 othe~~
communications advising the City
Council that they favor Daylight
Saving Time for Dubuquo present-
ed and read,
Communication of Tavern Keep•
ers Association requesting the City
Council to disregard their former
letter in opposition to Daylight
Savings Time, presented and read.
Councilman Murphy moved that
the rules be suspended Par the
propose of allowing any one pres-
ent in the Council Chamber, who
wishes to do so, to address the
Council, Seconded by Councilman
Thompson. Carried by the follow-
ing vote.
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton,
Nays-None.
Messrs. Louis Bray,, S. R. Hart-
ley, Chas. Landon, Da.n Patch, Leo
Steffen and Attorney J, J. Kintz-
inger addressed the Council re-
questing that Daylight Saving
Time be adopted for Dubuque,
Messrs. Oscar Irmen, John Tauras
and C. C. Kaufmann addressed the
Council objecting to the adoption
of Daylight Saving Time for Du-
buque, Mr. B, J, Hannah, Secre-
tary of Dubuque Trades and Labor
Congress addressed the Council
stating that the communication of
the Dubuque Trades and Labor
Congress as presented contained
the record of the meeting of the
Dubuque Trades and Labor Con-
gress held April 18th, as being op•
posed to the adoption of Daylight
Saving Time for Dubuque.
Councilman Wharton moved that
the Council determine by a vote of
Yes or No as to whether Daylight
Saving Time be adopted for the
City of Dubuque, Seconded by
Councilman Murphy. Councilman
Van Duelman offered a substitute
motion that action be deferred by
the City Council' and the questien
of adoption of Daylight Saving
Time be submitted to a vote of
the people at a time to be determ-
ined by the City Councih No sec-
ond received on the substitute mo•
tion. Original motion of Council-
man Wharton carried by the fol-
lowing vote.
Yeas-Mayor Clark, Councilmen
Murphy and Thompson,
Nays-Councilmen Van Duelman
and Wharton.
Councilman Murphy moved that
all correspondence filed with the
City Council on the question of
Daylight Saving Time be received
and filed. Seconded by Council-
man Thompson, Carri6`d by the
following vote.
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton.
Nays-None.
Communication of B, C. Schmid
tendering his resignation ae a mem-
ber of the Civil Service Commis-
sion as the law requires that no
man can run for public office while
a member of the Civil Service Com-
mission presented and read,
Councilman Van Duelman moved
that the resignation be accepted
with regret, Seconded by Cavncil-
man Murphy, Carried by the fol-
lowing vote.
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton.
Nays-none.
Resolution
Whereas, Mr. Albert Wharton
has tendered his resignation as a
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92 Special Session,
member of the Board of Dock Com-
missioners, because he was elected
a member of the City Council at
the recent municipal election, and
can therefore not retain his place
on this Board,
Whereas, His election as a mem-
ber of the City Council is evidence
of the high esteem in which he is
held by the public, and is a recog-
nition of the valuable services he
has rendered in the past,
Therefore, be it resolved, by his
colleagues on the Board of Dock
Commissioners, that it is a matter
of deep and sincere regret to us
that we shall no longer have the
benefit of his wise counsel, out•
standing ability as a member, and
that we desire to express our sin-
cere appreciation. of the splendid
service he rendered during the
past three years. We also extend
to him our congratulations on his
election to the City Council, and
best wishes for continued sucess
in the new field of public service.
We feel that the people of Du-
buque are fortunate indeed in hav-
ing a gentleman of such high
character, unusual ability and self-
sacrificing spirit taking such an
important part in municipal affairs.
Be it further resolved,-That a
copy of this resolution be spread
on the minutes of the deliberations
of this Commission, and that copies
be forwarded to Mr. Wharton and
the City Council.
J, A. Kerper.
Councilman Murphy moved that
the resolution be made a matter
of record. Seconded by Council-
man Van Duelman. Carried by the
following vote.
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman.
Nays-None.
Councilman Wharton not voting.
Resolution No. 39-38
Be it resolved by the City Coun-
cil of the City of Dubuque that the
following, having complied with
the provisions of law relating to
the sale of cigarettes within the
City of Dubuque, be granted a per•
mit to sell cigarettes and cigarette
papers within said City and the
Manager is directed to issue such
permit on behalf of said City,
Mae Keller & Ruth Keller Matz
(Canfield Hotel Cigar Stand), 4th
& Central Ave.
Be it further resolved that the
bond filed with the application be
approved.
28th, 1938
Passed, adopted and approved
this 25th day of April, 1938.
CARL A. CLARK,
Mayor.
FRANK VAN DUELMAN,
ALBERT WHARTON,
GEC. R, MURPHY,
F. W. THOMPSON,
Councilmen.
Attest: J. J. SHEA,
City Clerk,
Councilman Murphy moved the
adoption of the resolution. Second-
ed by Councilman Van Duelman.
Carried by the following vote.
Mayor Clark, Councilmen Murphy,
Thompson, Van Duelman, Wharton.
Nays-None.
Councilman Thompson mov~e'd
that the Mayor be directed. to issue
a Proclamation setting forth Day
light Saving Time for the City of
Dubuque commencing the first Sun-
day in May, May 1st, 1938, to last
Sunday in August, August 28th„
1938. Seconded by Councilman
Murphy. Carried by the following
vote,
Yeas-Mayor Clark, Councilmen
Murphy and Thompson,
Nays-Councilmen Van Duelman
and Wharton,
Councilman Van Duelman moved
that Walter Rawson be appointed
as a member of the Civil Service
Commission to fill the unexpired
term of B, C. Schmid, recently re-
signed. Seconded by Councilman
Wharton.
Councilman Murphy offered a
substitute motion that Alois Hoff-
mann be appoiuted as a member of
the Civil Service Commission to
fill the unexpired term of B. C.
Schmid, recently resigned. Sec-
onded by Councilman Thompson.
Carried by the following vote.
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Wharton.
Nays-Councilman Van Duelman.
Councilman Wharton raised the
question as to whether or not the
Council's action on the adoption
of the substitute motion had been
correct parliamentary procedure.
Councilman Wharton moved that
in order ~to clear the record that
the action taken by the City Coun-
cil on the appointment of a mem•
ber ofthe Civil Service Commission
tc fill the unexpired term of B.
C. Schmid, recently resigned, be
rescinded. Seconded by Council-
man Van Duelman. Carried by the
following vote.
Yeas-Mayer Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton,
Nays-None.
Special Session, April 25th, 1938 93
Councilman Van Duelman moved
that the City Council proceed By
secret ballot on the appointment
of a member of the Civil Service
Commission to fill the unexpired
term of B, C, Schmid recently re-
signed. Seconded by Councilman
Murphy. Carried by the following
vote.
Yeas~Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton,
Nays-none,
The Clerk then tallied the vote
as shown by ballots, the result be-
ing Walter Rawson three votes,
Alois Hoffmann two votes, Mayor
Clark then declared that Walter
Rawson having received three
votes that he be declared the ap-
pointee as amember of the Civil
Service Commission to fill the un-
expired term of B, C, Schmid, rd-
cent]y resigned, said term expiring
March 31st., 1942.
There being no further business
Councilman Van Duelman movdd
to adjourn, Seconded by Council-
man Murphy, Carried by the fol-
lowing vote,
Yeas--Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton.
Nays-None.
J. J, SHEA,
City Clerk.
Approved ..................................1938
Adopted ....................................1938.
Councilmen: ~ ......................................
Attest : ................................................
City Clerk.
City Council
(Official)
Special Session, April 25th, 1938,
Council Reconvened at 7:06 p. m,
Present-Mayor Clark, Council-
men Murphy, Thompson, Van Duel-
man, Wharton, City Manager
Rhomberg,
Resolution Na. 12-38
Be it resolved by the City Coun-
cil of the City of Dubuque that it
is deemed necessary and advis-
able and for the best interest of
said City, that a contract be en-
tered into with White-Phillips Co„
a corporation of Iowa, providing
for the financing of such warrants
as are or may be issued against
funds of said City and which can-
not be paid for want of funds, and
of other obligations payable from
special funds wherein there may
not be sufficient cash in such funds
to pay the same upon maturity,
such contract being hereto attach-
ed and made a part hereof.
Be it further resolved that this
resolution and contract remain on
file in the office of the City Clerk
for public inspection for at least
one week before final adoption and
approval thereof.
Be it further resolved that, after
the passage and adoption of this
Resolution the Mayor and Clerk
be and they are hereby directed
and authorized to execute said con-
tract for and on behalf of said City
of Dubuque,
Introduced and ordered placed on
file with the City Clerk this 7th
day of March, 1938,
Passed, adopted and approved
this............day of March, 1938,
Attest : ...; .........................................
City Clerk.
Approved ..................................1938.
Adopted ....................................1938.
Councilmen: ~ .................................
Councilman Murphy moved that
the Council rescind the previous
action taken by the City Council
at the meeting of March 7th. 1938,
in introducing and ordering placed
*!'~
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94 Special Session, April 2Sth, 1938
an file with the City Clerk for pub-
lic inspection for at least one week
Resolution No, 12-38 and also the
proposed contract with the White•
Phillips Corporation providing for
the financing of no fund warrants
and other obligations payable from
special funds wherein there may
not be sufficient cash to pay the
same upon maturity, Seconded by
Councilman Thompson. Carried
by the following vote.
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton.
Nays-None.
Resolution No. 40-38
Be it resolved by the City Coun•
cil of the City of Dubuque that
it is deemed necessary and ad-
visable and for the best interest
of said City, that a contract be ~.
entered into with White-Phillips
Company, a corporation of Iowa,
providing for the financing of sucfi
warrants as are or may be issued
against funds of said City and
which cannot be paid for want of
funds, and of other obligations pay
able from special funds wherein
there may not be sufficient cash in
such funds to pay the same upon
maturity, such contract being here-
to attached and made a part here-
of.
Be it further resolved that this
resolution and contract remain on
file in the office of the City Clerk
for public inspection for at least
one week before final adoption and
approval thereof.
Be it further resolved that, after
the passage and adoption of this
Resolution the Mayor and Clerk
be ands they are hereby directed
and authorized to execute said con•
tract for and on behalf of said
City of Dubuque.
Introduced and ordered placed on
file with the City Clerk this 25th,
day of April, 1938.
Passed, adopted and approvaai
this...,........day of May, 1938.
Attest : ................................................
City Clerk.
Councilman Murphy moved that
the resolution and proposed con•
tract with the White•Phillips Cor••
poration be ordered placed on file
with the City Clerk for public in•
spection far at least one week,
Seconded by Councilman Van
Duelman. Carried by the follow-
ing vote.
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton.
Nays-None.
There being no further business
Councilman Murphy moved, to ad•
journ. Seconded by Councilman
Van Duelman. Carried by the fol•
lowing vote.
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton,
Nays-None.
J. J. SHEA,
City Clerk.
Approved ..................................1938.
Adopted ....................................1938.
Councilmen: { ......................................
Attest :................................................
City Clerk,