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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: i ~I~p~'. i+1~'' ,~~ ~, '~ ~i;li „L~ , ~' ~~'. I .. ~. ~!', ',!,' iI„i I',I!!, I! ,~' jI ~G : ~ '~,'; ji, '' I ~ ~l i, i 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 '~{, i ii j ~II ,; l ,, r ~,, ''~l', Yl ii.' ~, ~1 '' I' ~I ~, Iii 'ji i! '~ ~„ ~~i ` '' ~~I,I il' ~IIi r III,, f ~,, 'I~ _®. -~_ ~_ 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. L; i h,, 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. "'~ i', i. ~~~, ~I!~~~'~~ ~ '; j ,I 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 i, ~ ~ ~ i i,, 1~ 1,I,~ I ,,ail ,, '~ I` ~ li' j II E i li t I ,,''' 'M 'f '~ (~ ~', j I ,,p i ~I j' i i I 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 i~t ~~ j'~, f,~ l! ~~,~~ '~'. ;1, ~~ II I, I"IiII II;I ', ~~~~ i. '~ it l' ~. ~'. ~I~ ~~~ 1 ~~ i ~, i ICI it ;' ~ ~''' '' II .I; ~ .III, i' fi;~ j ~~ -~ -~ yi ~_ _~_ 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 *!'~ i~ 'l I1 'j'. I~ 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,