1938 May Council ProceedingsRegular Session, May 2nd, 1938 95
CI~~ COllIlCIO
(Official)
Regular Session, May 2nd', 1938,
Council met at 7:40 P, M, Day
light Saving Time.
Present-lliayor Clark, Council•
men Thompson, Van Duelman,
Wharton, City Manager Rhombsmg.
Absent-Councilman Murphy.
Mayor Clark stated that this is
the regular monthly meeting of
the City Council for the purpose
of acting upon such business as
may properly come before the
meeting.
Notice of Claim of William Riley,
no amount stated, for personal in-
juries received in falling on icy
sidewalk at 753 Hill Street,, pre-
sented and read.
Councilman Van Duelman moved
to refer the claim to the City So•
licitor, Seconded by Councilman
Thompson. Carried by the follow-
ing vote:
Yeas-Mayor Clark, Councilmen
Thompson, Van Duelman, Wharton.
Nays-None.
Absent-Councilman Murphy.
Notice of Claim of Les Walker
in the amount of $622.65 for per-
sonal injuries received) in falling
on icy sidewalk at 1091 West Fifth
Street, presented and read.
Councilman Van'Duelman moved
to refer ttie claim to the City So•
licitor. Seconded by Councilman
Thompson. Carried by the follow-
ing vote:
Yeas-Mayor Clark, Councilmen
Thompson, Van Duelman, Wharton.
Nays-None.
Absent-Councilman Murphy,
Petition of Mrs. Elizabeth Byrne
requesting exemption of the 1937
tax in the amount of $7.13 on Lot
20 of Bonson & Stewart's Sub., as
this property is being used for
playground and recreational pur`•
poses, presented and read.
Councilman Thompson moved to
refer the petition to the Playground
and Recreation Commission. Sec•
onded by Councilman Van Duel-
man, Carried by th;e follbwing
vote:
Yeas-Mayor Clark, Councilmen
Thompson, Van Duelman, Wharton.
Nays-None.
Absent-Councilman Murphy,
Petition of Mrs. Minnie Zogg, et
al, requesting the City Council to
make the assessments mm~e reas-
onab~e on their property for the
improvement of Roosevelt Street,
presented and read.
Councilman Thompson moved to
refer the petition to the City Man•
alter for investigation and repm•t.
Seconded by Councilman Vaa Duel-
man. Carried by the following
vote:
Yeas-•Mayor Clark, Councilmen
Thompson, Van Duelman, Wharton.
Nays-None.
Absent---Councilman Murphy.
Communication of Millworkers
Union No. 1646 calling the atten•
I lion of the City Council to the
dump which is an eye sore and a
disgrace in the south part of the
llubuque business and industrrial
district; also that Salina Street
along the railroad tracks is badly
in need of repairs; also :hat street
lights are needed on Charter Street;
one at the entrance. of the Maize-
wood Insulation Company plant
and one on Main Street, presented
and read.
Councilman Van Duelman moved
that the portion of the communica•
lion relative to the condition of
the dumping grounds be referred
to the Board of Health for invest-
igation and report and the portions
of the communication relative to
the repair of Salina Street and the
installation of street lights on
Charter Street be referred to City
14lanager Rhomberg for inve~tiga-
tion and report. Seconded by Coun-
cilman Thompson, Carried by the
fallowing vote:
Yeas-Mayor Clark, Councilmen
Thompson, Van Duelman, Wharton,
Nays-None.
Absent-Councilman Murphy,
Communication of Lime Rock
Springs Company requesting that
they be included on the list of
industries outside of the City of
Dubuque who are being provided
with Cfty fire protection, pre-
sented and read.
Councilman Thompson moved
that the name of the Lime Rock
Springs Company be included on
the list of industries outside of the
City of Dubuque who are being pro•
vided with City fire protection and
that the Lime Rock Springs Com-
pany conform to the same regula-
lions and requirements as the other
industries and institutions. Sec•
onded by Councilman Van Duel-
man. Carried by the following
vote;
Yeas-Mayor Clark, Councilmen
Thompson, Van Duelman, Wharton,
Nays-None.
Absent-Councilman Murphy,
Councilman Wharton moved that
the rules be suspended for the pur-
pose of allowing any one present
in the Council Chamber, who
wishes to do so, to address the
Council. Seconded by Councilman
96 Regular Session, May 2nd, 1938
Thompson. Carried by the follow-
ing vote:
Yeas-Mayor Clark, Councilmen
Thompson, Van Duelman, Wharton.
Nays-None.
Absent-Councilman Murphy,
Verbal request of the Ladies of
the Shiloh Circle of the G. A. R.
far permission to change the date
of their tag day sale from Satur-
day, May 21st to Saturday, October
1st presented,
Councilman Wharton moved that
the City Council rescind their pre•
vious action in granting the request
of the Shiloh Circle, Ladies of G.
A, R. for permission to hold their
tag day on Saturday, May 21st and
that their request for a change to
Saturday, October 1st for the hold-
ing of their tag day be grarited.
Seconded by Councilman Van Duel-
man. Carried by the following
vote:
Yeas-Mayor Clark, Councilmen
Thompson, Van Duelman, Wharton.
Nays-None,
Absent-Councilman Murphy,
Mrs. Minnie Zogg et al addressed
the Council requesting that the
prayer of their petition, for a re•
duction in the special assessments
levied against their property far
the improvement of Roosevelt
Street, be granted.
Mr. Gus Zeil et al addressed the
Council requesting that Welbes
Field be ]eased for playground and
recreational purposes,
Councilman Van Duelman moved
that the request of Gus Zeil et al
that Welbes Field be leased for
playground and recreational pur•
poses be referred to the City Coun-
cil for further consideration. Sec-
onded by Councilman Wharton.
Carried by the following vote:
Yeas-Mayor Clark, Councilmen
Thompson, Van Duelman, Wharton.
Nays-None.
Absent-Councilman Murphy,
Mr. Jankowitz addressed the
Council requesting that be be per•
witted to take out a license to
peddle fruit and vegetables for a
six month period instead of a year•
]y license,
Councilman Thompson moved
that the request of Mr. Jankowitz
for permission to take out a six
months license for to peddle fruit
and vegetables be denied, Seconded
by Councilman Van Duelman. Car
Tied by the following vote:
Yeas-Mayor Clark, Councilmen
Thompson, Van Duelman, Wharton
Nays-None.
Absent-Councilman Murphy,
Proof of publication, certified tc
by the publishers, of a statement o.
receipts and also a list of claims
far which warrants were drawn
during the month of March, 1938,
presented and read:
Councilman Van Duelman moved
to receive and file the proof of pub•
lication, Seconded by Councilman
Wharton. Carried by the follow•
ing vote:
Yeas-Mayor Clark, Councilmen
Thompson, Van Duelman, Wharton.
Nays-None.
Absent-Councilman Murphy,
Council Proceedings for the
month of February, 1938, presented
for approval.
Councilman Van Duelman moved
that the Council Proceedings for
the month of February, 1938, be
approved as printed. Seconded by
Councilman Thompson. Carried by
the fallowing vote:
Yeas-Mayor Clark, Councilmen
Thompson, Van Duelman, Wharton.
Nays-None.
Absent-Councilman Murphy,
Resolution No. 40-38
Be It Resolved by the City Coun•
cil of the City of Dubuque that it
is deemed necessary and advisable
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 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 attached
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 contract for and on behalf of
said City of Dubuque.
Introduced and ordered placed on
file with the City Clerk this 26th
day of April, 1938.
Passed, adopted and approved
this 2nd day of May, 1938.
CARL A. CLARK,
Mayor,
FRANK VAN DUELMAN,
ALBERT WHARTON,
F. W. THOMPSON,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Regular Session, May 2nd, 1938 97
Councilman Van Duelman moved
that the resolution be adopted and
that the Mayor and Clerk be auth-
orized to execute said contract on
behalf of the City of Dubuque. Sec-
onded by Councilman Wharton,
Carried by the following vote:
Yeas-Mayor Clark, Councilmen
Thompson, Van Duelman, Wharton,
Nays-None,
Absent-Councilman Murphy,
Davenport, Iowa,
April 25, 1938,
Honorable Mayor and City Council,
Dubuque, Iowa.
Gentlemen:
In connection with the Special
Assessment Bonds of your city
which were due on April 1, 1938
and which remain unpaid, this is to
advise that `ve will secure, if pos•
sible, assignments from the present
bond oNners and after the assign-
ments. have been secured; we will
endeavor to secure a judgment
against your city in the amount of
the unpaid Special Assessment
Bands and interest,
In the event we are able to ae-
cnre said judgment, we are to be
given the privilege of exchanging
said judgment for General Obliga-
tion Bonds of your city bearing
3u4% interest, the principal to ma•
ture as mutually agreeable.
In the event your city also de-
sires to clean up outstanding war•
rants against the various funds of
the city, we will also endeavor to
secure a judgment on these ~var-
rants and include said judgment in
with the funding of the judgment
on the Special Assessment Bonds.
For the judgment on the warrants,
we are also to be given the priv-
ilege of taking 3r/4% bonds in lieu
of said judgment.
In the case of said judgments
against the city, we will assume all
expenses in securing the assign-
ments from the various bond hold-
ers and will carry your warrants at
an interest rate of 2%• We will
also pay all of our attorneys fees
in connection with the securing. of
said judgment, In the event said
judgment is secured, we will fur•
nish the necessary forms and pre•
ceedings authorizing the issuance
of the new bonds, furnish the opin-
ion of Chapman and Cutler, and the
printed bonds, without cost to your
city,
The City is to furnish us with a
full and complete set of proceed-
ings evidencing the legality of the
bonds to the satisfaction of Chap•
man and Cutler.
Respectfully submitted,
WHITE•PHILLIPS CORP„
Davenport, Iowa.
By C. A, Stutz, Secy.
The above and foregoing propo-
sition is hereby accepted this 2nd
day of May, 1938, and we, the un-
dersigned, being authorized do con•
tract, agree to the above terms as
set out and agree to deliver said
bonds to White•Phillips Corpora•
tion in the event said judgments
are obtained,
CITY OF DUBUQIIE,
IOWA,
B'y; CARL A, CLARK,
Mayor,
Attest: d• J. SHEA,
City Clerk,
Resolution No. 41-38
Whereas, applications for Beer
Permits have been submitted to
this Council far approval and the
same have been examined: Now,
Therefore,
Be It Resolved by the Council
of the City of Dubuque that the
following applications be and the
same are hereby approved and it
is ordered that the premises to be
occupied by such applicants shall
be forthwith inspected.
CLASS "B" PERMIT
Arthur 5pahn and Raymond
Wright (new), 169G Central Ave,
CLASS "C" PERMIT
Jos. J. Sullivan (renewal), 800
West Fifth Street,
Harry Smith (renewal), 235 West
Third Street,
Passed, adopted and approved
this 2nd day of May, 1938.
CARL A, CLARK,
Mayor.
FRANK VAN DUI3LMAN,
ALBERT WHARTON,
F. W. THOMPSON,
Councilmen,
Attest: J, J, SHEA,
City Clerk,
Counoilman Wharton moved the
adoption of the resolution, Second•
ed by Councilman Van Duelman,
Carried by the following vote;
Yeas-Mayor Clark, Councilmen
Thompson, Van Duelman, Wharton,
Nays-None.
Absent-Councilman Murphy,
Resolution No. 42-38
Whereas, heretofore applications
were filed by the within named ap-
plicants for Beer Permits and they
received the approval of this Coun•
cil; and
;,,',
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98 Regular Session, May 2nd, 1938
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 Caunci] of
the City of Dubuque that the Mana•
ger be and he is hereby directed
to issue to the following named per-
sons aBeer Permit,
CLASS "B" PERMIT
Arthur Spahn and Raymond
Wright (new), 1696 Central Ave.
CLASS "C" PERMIT
Jas. J. Sullivan (renewal), 800
West Fifth Street,
Harry Smith (renewal), 235 Wes:
Third Street.
Be It Further Resolved that the
bonds filed by such applicants be
and the same are hereby approved.
Passed, adopted and approved
this 2nd day of May, 1938.
CARL A. CLARK,
Mayor,
FRANK VAN DUELMAN,
ALBERT WHARTON,
F. W, THOMPSON,
Councilmen.
Attest: J. J, SHEA,
City Clerk.
Councilman Van Duelman moved
the adoption of the resolution.
Seconded by Councilman Thomp•
son. Carried by the following vote:
Yeas-Mayor Clark, Councilmen
Thompson, Van Duelman, Wharton.
Nays-None,
Absent-Councilman Murphy.
Contract for Primary Road Ex•
tension Maintenance between the
City of Dubuque, Iowa, Party of the
First Part, and the Iowa State
Highway Commission, Ames, Iowa,
Party of the Second Part, pre-
sented,
Councilman Wharton moved that
the contract be placed on file with
the City Clerk for public inspection
for at ]east one week. Seconded by
Councilman Van Duelman. Carried
by the following vote;
Yeas-Mayor Clark, Councilmen
Thompson, Van Duelman, Wharton.
Nays-None.
Absent-Councilman Murphy,
May 2, 1938.
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen:
At the session of the City Coun-
cil held March 7, 1938, the recom•
mendations of the Planning and
Zoning Commission on the petition
of the Mettel Realty & Investment
Company was referred to the City
Manager for the purpose of con•
ferring with the property owners.
The property owners have all
been interviewed and an arrange~
went has been worked out which
is indicated on the accompanying
correspondence. I recommend that
the City Council convey the por•
tions of the alley to the four pro-
perty owners as outlined subject
to an easement for a storm sewer
that is now in the alley.
Respectfully submitted,
A, A. RHOMBERG,
City Manager.
Councilman Thompson moved
that the recommendation of City
Manager Rhomberg be approved
and that the City Solicitor be in-
structed to prepare a proper ordi-
nance covering the same and that
the agreements signed by the pro-
perty owners be made a matter of
record. Seconded by Councilman
Van Duelman, Carried by the fo]•
]owing vote:
Yeas-Mayor Clark, Councilmen
Thompson, Van Duelman, Wharton,
Nays-None.
Absent-Councilman' Murphy.
Agreement
The undersigned, Peter Greiner,
of Dubuque, Iowa, owner of lot 330
Woodlawn Park, Dubuque, Iowa,
hereby consents to the vacation'of
the alley between lot 165 Finley
Addition and lots 328.329 and 330
Woodlawn Park, Dubuque, Iowa.
Dubuque, Iowa, April 22, 1938.
(Signed)
PETER GREINER,
Agreement
The undersigned, Mattis E. Ab-
bey, the owner of lot three hundred
thirty-one (331) Woodlawn Park,
Dubuque, Iowa, hereby consents to
the vacation of the alley in the rear
of said lot, provided the under-
signed will be put to no ,expense
in connection therewith.
Signed at Decorah, Iowa, this
19th day of April, A,D., 1938,
(Signed)'
MATTIE E. ABBEY.
Agreement
The undersigned, Realty Invest•
ors Corporation, the owner of lot
three hundred thirty-two (332)
Woodlawn Park, Dubuque, Iowa,
hereby consent to the proposed va-
cation of the alley in the rear of
said lot, provided the undersigned
will be put to no expense in con-
nection therewith.
Signed at Dubuque, Iowa, this
23rd day of April, A.D., 1938,
(Signed)
REALTY INVESTORS CORP.,
By Wm. H, Keller, Secy,
Regular Session, May 2nd, 1938 99
Agreement
The undersigned, Louia J
Knockel, the owner of lot one hun
dyed sixty-five (165) in Finley Addf
tion, Dubuque, Iowa, hereby con
sents to the proposed vacation of
the alley between said lot and lots
328, 329, 330, 331 and 332 Wood•
lawn Park, Dubuque, Iowa,
Signed at Dubuque, Iowa, this
27th day of April, A,D., 1938,
(Signed)
L. J. KNOCKEL,
Agreement
The undersigned, Amelia Curtis,
the owner of lots three hundred
twenty-eight (328) and three hun•
dred twenty-nine (329) Woodlawn
Park, Dubuque, Iowa, hereby con-
sent to the proposed vacation of
the alley between said lots and lot
one hundred sixty-five (165) in
Finley Addition,
Signed at Dubuque, Iowa, this
27th day of April, A.D., 1938.
(Signed)
AMELIA C, CURTIS.
April 29, 1938.
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen;
Pursuant to your directions of
April 21, 1938, requesting prepara-
tion of an ordinance covering the
installation of a concrete and brick
platform extending two feet (2 ft.)
into the street adjacent to the
Southeasterly two•fifths (Sely.
2.5ths) of Lot 465, of the original
town( now city) of Dubuque, Iowa,
owned by Homer V. Butt, I submit
herewith proposed ordinance with
the recommendation that the same
be enacted by your body.
Respectfully submitted,
AL, J. NELSON,
City Solicitor.
Councilman Wharton moved that
the communication of City Solicitor
Nelson be made a matter of record.
Seconded by Councilman Van Duel-
man. Carried by the following
vote:
Yeas-Mayor Clark, Councilmen
Thompson, Van Duelman, Wharton,
Nays-None,
Absent-Councilman Murphy,
Ordinance No. 9-3(i
An ordinance granting to Homer
V, Butt, his heirs and assigns, the
right to construct and maintain, an
ingress and egress platform in the
street and upon the sidewalk of the
street designated as West Twelfth
Street, abutting the Southeasterly
two•fifths (Sely. 2-5's) of City Lot
Four :Hundred Sixty~five (466) in
the Town (now city) of Dubuque;
prescribing the conditions of such
permit, presented and read,
Councilman Van Duelman moved
that the reading just had be con-
sidered the first reading of the
ordinance. Seconded by Council•
man Thompson. Carried by the fol-
lowing vote:
Yeas-Mayor Clark, Councilmen
Tlrompson, Van Duelman, Wharton,
Nays-None.
Absent-Councilman Murphy.
Councilman Van Duelman moved
that the rules be suspended requir-
ing an ordinance to be read on
three separate days. Seconded by
Councilman Thompson, Carried by
the following vote;
Yeas-Mayor Clark, Councilmen
Thompson, Van Duelman, Wharton,
Nays-None.
Absent-Councilman Murphy.
The ordinance was then read a
second time.
Councilman Van Duelman moved
that the reading just had be con-
sidered the second reading of the
ordinance, Seconded by Council•
man Thompson. Carried by the
following vote:
Yeas-Mayor Clark, Councilmen
Thompson, Vap Duelman, Wharton,
Nays-None,
Absent_Councilman Murphy.
April 29, 1938.
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen;
The notice of levy and sale in
the case of D, W. Bates, Receiver
vs. Emma Schmid, et al, referred
to the City Solicitor under date of
April 6, 1938,, is herewith returned
to your honorable body with the
recommendation that the same be
received and filed.
Respectfully submitted,
AL. J. NELSON,
City Solicitor.
Councilman Van Duelman moved
that the recommendation of City
Solicitor Nelson be made a matter
of record, Seconded by Council-
man Wharton. Carried by the fol•
]owing vote:
Yeas-Mayor Clark, Councilmen
Tlrompson, Van Duelman, Wharton,
Nays-None,
Absent-Councilman Murphy.
May 2, 1938
To the Honorable Mayor
and City Council,
Dubuque, Iowa,
Gentlemen:
At your Council meeting of April
4, 1938, there was referred to the
City Solicitor with instructions to
submit a report back to the Council
,,~,
it
100 Regular Session, May 2nd, 1938
the matter of regulating the
charges made for bus fare by the
Interstate Power Company. In ac•
cordance with your directions and
instructions, I beg to report, as
follows:
I find that Sections 8, 9 and 10
of the franchise ordinance granting
to the Dubuque Electric Company
and its successor, the right to
construct, maintain and operate
lines of street railway on the
streets of the City of Dubuque, and
regulating the operation of the
same, which said ordinance was
passed by the City Council of the
City of Dubuque on the 14th day of
February, 1922, and approved by
the electors of the City of Du•
buque at a regular city election
held on the 27th day of March,
1932, and accepted by the Dubuque
Electric Company under date of
June 10, 1922, is still in force as
amended by subsequent ordinances
adopted by the City Council;
These sections of the original
franchise ordinance provide that:
"The company (Dubuque Electric
Company or its successors) shall
be permitted to charge a reason-
able and just rate of fare for street
car service furnished by it, such
rate of fare to be based upon a
fair rate upon the value of the pro•
perty actually and necessarily em•
ployed in the operation of the
street car system in Dubuque, pro•
vided, however, that the City Coun-
cil reserve the right from time to
time to fix reasonable and just
rates for such service, subject to
the right of the company to have
the reasonableness and justice of
such rates determined by a Court
of competent jurisdiction in a pro•
ceeding for that purpose."
The sections of this ordinance
further provide that the rates of
transportation shall not be in•
creased until such increase has
been authorized by the City Coun-
cil or by some rate•fixing body, if
there be such, or until such in•
crease has been granted by a Court
of competent jurisdiction.
These sections of this franchise
ordinance also provide that the
rates of Pare for children under 12
years and school children during
certain periods shall be one-half of
the regular fare.
I further find that from time to
time, by authority of the City Coun•
cil of the City of Dubuque, the In•
terstate Power Company, successor
of the Dubuque Electric Company
was authorized to substitute buses
for street cars on certain lines of
transportation in the city, and that
on May 18, 1931, the Interstate
Power Company filed a petition
with the City Council requesting
the substitution of buses for street
cars on certain lines of transporta~
tion, and also requesting:
"Change present rate of transpor•
tatiou to 3 tokens for 25 cents with
a 10 cent cash fare for adults, and
one-half the adult rate to apply to
children under 12 years and for
school students under the age of
18 years during school hours as
provided in our franchise:'
This petition and particularly
that part of the petition referring
to rates of transportation was
granted by the City Council on the
18th day of May, 1931.
I find no provision in either the
original franchise, or in any ordi•
nances amending the same, pro•
hibiting the company from reduc•
ing the rates of transportation, but
do find that said rates of transpor•
tation shall not be increased until
authorization for such increase, as
given on the 18th day of May, 1931,
has been granted by the City Coun•
cil, and that under the provisions
of the franchise ordinance the City
Council has jurisdiction of the
rates of transportation and the
right to fix reasonable and just
rates.
I find further that by an ordi•
nonce of the City Counci11932,pthe
on the 12th day of July,
Interstate Power Company as suc•
cessor of the Dubuque Electric
Company is granted authority tc
substitute motor bus transporta~
tion in its entirety for street car
transportation in the City of Du•
buque, and that said ordinance
granting such substitution provides
that all of the provisions of Sec•
tion 8 and 9 of the original fran•
chise ordinance and amendments
thereto relating to fares shall apply
to the operation of buses author-
ized under the provisions of this
ordinance of July 12, 1932.
Determination of the proper or
reasonable rate for such service is
necessarily confined to the facts
and circumstances of the particular
case in question. The test of rea-
sonableness is not to be confined
to a comparison of rates in force
in other communities, but is to be
governed by the value of the ser•
vice in the particular community
in which the rate is under consid•
eration.
Respectfully submitted,
AL. J. NELSON,
City Solicitor.
Councilman Van Duelman moved
that the report of City Solicitor
Nelson be made a matter of record,
Special Session, May 2nd, 1938 101
Seconded by Councilman Wharton,
Carried by the following vote:
Yeas-Mayor Clark, Councilmen
Thompson, Van Duelman, Wharton,
Nays-None.
Absent-Councilman Murphy,
Councilman Wharton moved that
the matter of regulating the
charges made for bus fare by the
Interstate Power Company be re•
(erred to the City Council for
further consideration, Seconded by
Councilman Van Duelman. Carried
by the following vote:
Yeas-Mayor Clark, Councilmen
Thompson, Van Duelman, Wharton.
Nays-None.
Absent-Councilman Murphy,
There being no further business
Councilman Van Duelman moved
to adjourn. Seconded by Council•
man Thompson, Carried by the fol•
lowing vote:
Yeas-Mayor Clark, Councilmen
Thompson, Van Duelman, Wharton.
Nays-None.
Absent-Councilman Murphy.
J. J, SHEA,
City Clerk,
Approved ..................................1938.
Adapted ....................................1938.
Councilmon: ~ ......................................
............................:..... y..
Attest :................................................
City Clerk.
Board of Nealth
(Official)
Special Session, May 2nd., 1938.
Board met at 9.05 p,m. Daylight
Saving Time.
Present -Chairman Carl A,
Clark, Messrs. F, W. Thompson,
Frank Van Duelman, Albert Whar-
ton.
Absent-Mr, Geo, R. Murphy,
Communication of P, J. Heuser,
Industrial Hygiene Engr. State De•
partment of Health, relative to the
nuisance condition caused by gases
from the rack wool manufacturing
plant of the General Insulating Co„
and advising that the logical and
most positive solution to this prob•
lem is to remove the cupola stack
gases by means of a scrubber or
spray tower wherein the gases are
removed by contact with an a~sorb-
ing medium such as water and ad•
vising that if the nuisance is not
abated within a reasonable period
of time that this Department will
be forced to direct the Local Board
of Health to have the nuisance
abated, presented and read.
Mr. Frank Van Duelman moved
that the City Manager and Health
Director be instructed to confer
with the officials of The General
Insulating Company as to the re•
commendation and instructions em•
bodied in the letter as submitted
by P. J. Heuser, Industrial Hygiene
Engineer, State Department of
Health, Seconded by Mr. F. W.
Thompson. Carried by the follow-
ing vote:
Yeas-Chairman Carl A. Clark,
Messrs. F. W, Thompson, Frank
Van Duelman, Albert Wharton,
Nays-None,
Absent-Mr. Geo. R. Murphy.
There being no further business
Mr. Frank Van Duelman moved
that the Board of Health adjourn.
Seconded by Mr, Albert Wharton,
Carried by the following vote;
Yeas-Chairman Carl A. Clark,
Messrs. F. W, Thompson, Frank
Van Duelman, Albert Wharton,
' ~ ~.
;,'
102 Special Session,
Nays-None,
Absent-Mr. Geo. R. Murphy.
J. J, SHEA,
Clerk, Board of Health.
Approved ..................................1938
Ad'optetl ....................................1938.
Members of
Bcard of ........................................
Health
Attest :...............................................
Clerk, Board of Health.
May 20th, 1938
City Council
(Official)
Special Session, May 20th„ 1938.
Council met at 7:45 p.m., Day
light Saving Time.
Present-Mayor Clark, Council•
men Murphy, Thompson, Van Duel•
man, Wharton, City Manager ~,hom-
berg.
Meeting called by order of Coun•
cilmen Wharton and Van Duelman.
Mayor Clark read the call and
stated that service thereof had
been duly made and that this meet-
ing is called far the purpose of
considering petitions urging the
City Council to promptly rescind
its action whereby it approved Day-
light Saving Time and acting on
any other business as may properly
come before a regular meeting of
the City Council,
Resolution No.43-38
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 forthwith inspected.
CLASS "B" PERMIT
Daniel E, Daly (new), 678 Cen-
tral Avenue.
Frank Reis (new), 553 West 8th
Avenue.
Elwood Buse (new), 2400 Cen-
tral Avenue.
Harry N, Gantert (renewal), 1301
Rhomberg Avenue,
CLASS "B" PERMIT FOR
PRIVATE CLUB
Dubuque Metal Trades Council
Club (new), 290 West 4th Street.
CLASS "C" PERMIT
Jacob Schwietering, 898 Main St.
Mrs, Ethel Mae Barrett, 2401
Jackson Street.
Passed, adopted and approved
this 20th day of. May, 1938.
CARL A, CLARK,
Mayor.
FRANK VAN DUELMAN,
ALBERT WHARTON,
GEO. R. MURPHY,
F. W. THOMPSON,
Councilmen.
Attest: J, J. SHN9A,
City Clerk,
Councilman Murphy moved the
adoption of the resolution, Second•
ecial Session, May 20th, 1938 103
ed by Councilman Van Duelman.
Carried by the following vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton,
Nays-None,
Resolution No. 44-38
Whereas, heretofore applications
were filed by the within named
applicants for Beer 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 bond; Now,
Therefore,
Be It Resolved by the Council of
the City of Dubuque that the Mana-
ger be and he is hereby directed to
issue to the following named per-
sons aBeer Permit.
CLASS "B" PERMIT
Daniel E. Daly (new), 673 Cen-
tral Avenue.
Frank Reis (new), 553 Nest 8th
Avenue.
Elwood Buse (new), 2400 Cen-
tral Avenue.
Harry N. Gantet•t (renewal), 1301
Rhomberg Avenue,
CLASS "B" PERMIT FOR
PRIVATE CLUB
Dubuque Meta] Trades Council
Club (new), 290 West 4th Street,
CLASS "C" PERMIT
Jacob Schwietering, 898 Main St.
Mrs. Ethel Mae Barrett, 2401
Jackson Street.
Be It Further Resolved that the
bonds filed by such applicants be
and the same are hereby approved.
Passed, adopted and approved
this 20th day of May, 1938.
CARL A. CLARK,
Mayor.
FRANK VAN DUELMAN,
ALBERT WHARTON,
GEO, R. MURPHY,
F. W. THOMPSON,
Councilmen.
Attest; J. J. SHEA,
City Cleric.
Councilman Murphy moved the
adaptien of the resolution, Second-
ed by Councilman Van Duelman.
Carried by the following vote;
Yeas-Mayor Clark, Councilmen
Dlurphy, Thompson, Van Duelman,
Wharton,
Nays-None,
Petitions of Roshek Bros. Co: et
al, wholesalers, jobbers and retail-
ers urging the City Council to
promptly rescind its action where-
by it approved Daylight Saving
Time, presented and read.
Councilman Murphy moved to
suspend the rules fot• the purpose
of allowing any one present in the
Council Chamber, who wishes to do
so, to address the Council. Second-
ed by Councilman Van Duelman.
Carried by the following vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton,
Nays--None.
Messrs. Ada Genz, Wm. Clemens,
Dr. Wayne Johnson, Dalton Urbach,
C, H. Wunderlich, Ernest Kretz,
Mark R. Kane and Herman Lott
addressed the Council requesting
that the prayer of their petition be
granted,
Mr. Leo Steffen and Mr. Pihart
addressed the Council opposing the
granting of petition to change back
to Central Standard Time.
Councilman Wharton moved that
on Sunday night next that the City
Clocks be turned baclt to Central
Standard Time and that the City
Offices open Monday morning on
Central Standard Time and that
the Mayor be directed to issue a
proclamation directing that tits
City of Dubuque return to Standard
Time and that the question be de-
cided by the City Council by ballot.
Seconded by Councilman Van Duel-
man. Carried by the following
vote:
Yeas-Mayor Clat•k, Councilmen
Murphy, Thompson, Van Duelman,
Wharton,
Nays-None.
The City Clerk then tallied the
ballots and the tally shotived the
fallowing result:
Yeas-Five Ballots.
Nays-None.
Claim of J, M. Davison, Jt•., in the
amount of $25.00 far personal in-
juries received in stepping an loose
manhole cover at the northeast
corner of Seventh and Iowa Streets,
presented and .read.
Councilman Dlurphy moved to
refer 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 Claim of Dan Heitz in
the amount of $35.00 for- damages
received to his automobile caused
in striking a hole in the street on
Southern Avenue at a point approx-
imately 200 feet south of Harold
Barrett store, presented and read,
Councilman Murphy moved to
refer the claim to the City Solicitor.
Seconded by Councilman Van Duel-
104 Special Session, May 20th, 1938
man. Carried by the following
vote;
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton.
Nays-None.
Notice of Claim of Orland Dris-
coll in the amount of $75,00 for per•
sonal injuries received while riding
in the automobile of Dan Heitz,
said automobile striking a hole in
the street on Southern Avenue at a
paint approximately 200 feet south
of Harold Barrett Store, 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.
Communication of Mrs, Adeline
Ifluseman, Chairman of the Invita-
tion Committee of the Memorial
Day Parade, extending invitation to
the City Council to take part in the
Memorial Day Parade, presented
and read.
Councilman Murpby moved that
the invitation be accepted. Second-
ed by Councilman Van Duelman.
Carried by the following vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton.
Nays-None,
Communication of Ray E. Lick-
lider submitting his application for
the office of Police Judge, if and
when there is a vacancy, presented
and read.
Councilman Van Duelman moved
to refer the communication to the
City Council for further considerate
tion, Seconded by Councilman
Wharton. Carried by the following
vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton,
Nays-None.
Communication of George W.
Hird submitting his application for
the office of Police Judge, for
future reference, presented and
read.
Councilman Van Duelman moved
to refer the communication to the
City Councfl for further considera-
tion, Seconded by Councilman
Wharton. Carried by the following
vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton,
Nays-None.
Communication of D u b u q u e
Trades and Labor Congress submit-
ting enclosed resolution which was
adapted by their organization r~
questing that a project be secured
for the erection of a permanent
concrete band shell at Eagle Point
Parlc, presented and read.
Councilman Thompson moved to
refer the communication and en-
closed resolution to the Park Board
with the recommendation of the
City Council that the project be
sponsored by the Park Board. Sec•
onded by Councilman Van Duel-
man. Carried by the following
vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton,
Nays-None.
Communication of Charles Mc-
Lean, Chairman on Waterways of
Dubuque Chamber of Commerce,
calling the attention of the Ctty
Council to the present need for the
dredging of the Mississippi River
at Dubuque and of advising the
War Department of this necessity
through formal action by the City
Council, presented and read.
Mr. Charles McLean addressed
the Council requesting that the
City Council give immediate atten•
tion to the request as Set out in
his communication,
Councilman Wharton moved to
refer the communication to the
City Council and City Manager,
with the assistance of Mr. Charles
McLean, to take proper action
Seconded by Councilman Van Duel-
man. Carried by the following vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton,
Nays-None.
Communication of the Village of
Stockton, Illinois, extending greet-
ings in commemoration of the ini-
tial air mail flight from Stockton,
Illinois, presented and read.
Councilman Murphy moved to re•
ceive and file the communication.
Seconded by Councilman Van Duel-
man. Carried by the following vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton,
Nays-None.
Petition of Arthur W. Ott, Chair-
man of the Committee of the local
Undertvritera Association request-
ing permission to place a banner
across Main Street during the cele-
bration of Life Insurance Week,
presented and read.
City Manager Rhomberg inform-
ing the City Council that on ac-
count of no Council Meeting being
scheduled that he had granted per-
mission for the erection of the
banner as requested in the petition.
Councilman Wharton moved that
Special Session, May 20th, 1938 lOS
the action of City Manager Rhom-
berg be approved. Seconded by
Councilman Murphy. Carried by
the following vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton.
Nays-None.
Petition of B. C. Schmid request-
ing permission to erect a cloth ban-
ner act`oss Main Street for the pur•
pose of announcing his entry in the
race for the nomination of U. S.
Congressman of the 2nd, District,
presented and read,
Councilman Wharton moved to
refer the petition to the City Coun-
cil. Seconded by Councilman Van
Duelman. Carried by the following
vote:
Yeas-Mayer Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton.
Nays-None,
Petition of the City Market re•
questing permission to build a plat-
form in the alley in the rear of
their building located at 13th and
Central Avenue, presented and
read.
Councilman Murphy moved to
refer the petition to the Bhilding
Commissioner for investigation and
report. Seconded by Councilman
Van Duelman Carried by the fol•
lowing vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton,
Nays-None.
Petition of Mt. Olivet Cemetery
Association requesting that fire
protection be given for their build-
ings located four miles south of the
City at the intersection of State
Highways No. 61 and No, 151 and
that they be included in the list of
institutions outside of the City
Limits who are to receive service
from the Fire Department in case
of fire, presented and read.
Councilman Thompson moved
that the request be granted. Sec-
onded by Councilman Murphy, Car•
ried by the fallowing vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton
Nays-None,
Petition of William F. Hein et al
requesting that a turn around be
constructed at the north end oP
Lawndale Street, presented and
read,
Councilman Van Duelman moved
to refer the petition to the City
Council tc view the grounds and
the interested parties to be notified
to be present. Seconded by Coun-
cilman Wharton, Carried by the
following vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton,
Nays-None.
Petition of Edw. H. Wiedner et al
requesting that the streets east of
Railroad Tracks at 17th to Syca•
more Street and from Sycamore
Street to the Milwaukee Shops be
repaired, presented and read,
Councilman Murphy moved to
refer the petition to the City Man-
ager to make the necessary repairs.
Seconded by Councilman Van Duel-
man, Carried by the following vote;
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton.
Nays-None,
Petition of Anna Struber et al
requesting the City Council to
deter the present owner of the
property at 581 Seminary Street
from establishing a tinshop in the
two story building in the rear of
said property, presented and read,
Councilman Murphy moved to
refer the petition to the Planning
and Zoning Commission for invest-
igation and report. Seconded by
Councilman Thompson. Carried by
the following vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton.
Nays-None.
Petition of Josephine Flynn, re-
ferred to the City Council by the
Board of Supervisors, requesting
suspension of the 1937 taxes on N.
M, 20 feet of City Lot 83, presented
and read,
Councilman Thompson moved to
refer the petition to the City Solici-
tor for investigation and report.
Secouded by Councilman Murphy,
Carried by the following vote:
Yeas-Mayor Clark, Councilmen
Mm'phy, Thompson, Van Duelman,
Wharton.
Nays-None,
Petition of Mrs, Anna T, Cox et
a] requesting the City Council to
take steps to end the menace to
health caused by the saw dust from
the Farley & Loetscher and Carr
Ryder & Adams Manufacturing
plants, presented and read.
Councilman Murphy moved to re-
fer the petition to the City Mana•
ger. Seconded by Councilman Van
Duelman. Carried by the follow-
ing vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton.
Nays-None.
Petition of Albert G. Hird et al
requesting the City Council to take
such action as will make the west-
ernmost block of Seminary Street,
i
°o
0
106 Special Session, May 20th, 1938 -
within the city limits, safe and fit
for traffic and that the dump which
is within the city limits on said
street be covered and further dump•
ing pt•ohibited, presented and read.
Councilman Murphy moved that
that portion of the petition relative
to the repairing of the street be
referred to the City Manager for I
investigation and report and the
portion of the petition relative to
the dump be referred to the City
Manager and Chief of Police far
investigation and report, Seconded
by Councilman Van Duelman, Car-
ried by the following vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton
Nays-None,
Council Proceedings far the
month of March, 1938, presented
for approval,
Councilman Murphy moved that
the Council Proceedings for the
month of March, 1938, be approved
as printed, Seconded by Council-
man Thompsor. Carried by the
following vote;
Yeas-Mayor Clark, Councilmen
Mul•phy, Thompson, Van Duelman,
Wharton.
Nays-None.
Ordinance No. 9-38
An ordinance granting to Homer
V. Butt, his heirs and assigns, the
right to construct and maintain,
and ingress and egress platform in
the street and upon the sidewalk of
the street designated as West
Twelfth Street, abutting the South-
easterly two-fifths (Sely. 2.5's) of
City Lot Pour Hundred Sixty-five
(465) in the Town (now city) of
Dubuque; prescribing the condi-
tions of such permit, said ordinance
having been passed upon first and
second readings on May 2nd., 1938,
presented and read a third time.
ORDINANCE N0. 9-38
An ordinnance granting to Homer
V. Butt, his heirs and assigns, the
right to construct and maintain, an
ingress and egress platform in the
street and upon the sidewalk of the
street designated as West Twelfth
Street, abutting the Southeasterly
two-fifths (Sely. 2-5's) of City Lot
Four I3undt•ed Sixq•-five (4G5) in the
Town (now city) of Dubuque; pre-
scribing the conditions of such per-
mit.
Be it ordained by the City Council
of the City of Dubuque:
Par. GG9. Section 1.-That Hamer
V. Btttt, his heirs and assigns, be,
and he is hereby granted the right
and authority to construct and main-
tain an ingress and egress Platform
in the street and upon the sidewalk
of the street designated as , West
Twelfth Street abutting the South-
easterly two-fifths of Lot 4G5 in the
original town (now city) of Dubuque,
said platform to be 19 feet in length
and 5 feet G inches in width, of which
width 8 feet thereof shall extend in-
to and upon Twelfth Street, the same
to be used in connection with the use
and occupancy of the building upon
said Smttheasterly two-fifths of Lot
465, of the original town (now city)
of Dubuque, said struchu~e to lie
built under the supervision of the
Building Commissioner of the City
of Dubuque.
Par. 67i' Section ~It is under-
stood and provided that such right,
license and permission to use said
street is subject to the continuous
control of the City Council of this
City, reserving the right to impose
restrictions m• conditions upon the
enjoyment thereof as may be rea-
sonably necessary for the protection
of the public interest, .including the
right to revoke and rescind such per-
mission if at any time the ptthlic in-
terest should require such revocation.
If and when such permit, right and
license is revoked by the City Coun-
cil, said Homer Btttt. his heirs or as-
signs shall remove such platform at
his or their onm expense and restore
such Part of the street and sidewalk
as has been occupied thereby to the
same condition it ryas in prior to the
cansU•nction of such platform.
Par. G71. Section 3-This ordinance
shall be iu force and effect ten (10)
days from and after its final passage,
adoption and approval by the City
Council, and publication as provided
by law and the richts hereunder
which accrue to said Homer V. Butt,
his heirs and assigns, when the pro-
visions hereof shall have been ac-
cepted by him.
Passed upon the first and second
readings this 2nd dap of ~'tay. 1938.
Passed, adopted and approved upon
final reading this 20th day of May.
193s,
CART A, CLARI{,
Mayor.
FRANTZ pAN PTiPT.i•4AN,
ALREF.T IdtHARTON,
GEO. R. MURPTTY,
F, tV, mHOMPSON,
Councilmen.
Attest: .T .J. SHEA,
City Clerk.
ACCEPTANCE BY HOMER V. BUTT
Homer V. Butt does hereb7~ accept
the terms, provisions and conditions
of the ordinance adapted by the City
Cotmcil of Dnbnpue. designated as
Ordinance Na. 9-RR, an m•dinance
granting to Hamer V Butt. his heirs
and assigns the right to construct
and maintain an ingress and egress
platform anon the strAet and side-
tvsllc abutting the Southeasterly two-
fifths of i.ot ^06 of the originat town
(now cib•t of Duhupue. presrrihinq
the conditions of ~.sncb permit, this
24th day of May. 193A,
HOMER V. BUTT.
Publi.ahen officially in The Tele-
granh-Hera~d newspaper the 25th day
of May. 1939.
J. ,i. SHPA.
5-25-1t City Clerk.
Councilman Murphy moved the
adoption of the ordinance, Second-
ed by Councilman Van Duelman.
Carried by the following vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton.
Nays-None.
ecial Session, May 20th, 1938 107
May 5th., 1938,
To the City Council,
Dubuque, Iowa.
Gentlemen:
Pursuant to your instructions to
investigate dumps on lower Main
Street I wi;;h to state that such an
investigation has been made. The
dump opposite the Maizewood Com-
pany is owned by the City and the
Molc Company. The dump next to
the Witwer Company is owned by
Mr, Spensley, The city is dumping
in both places. The nuisance main•
]y arises from flying papel• and as
such is a public nuisance and is
not directly injurious to health, We
recommend that a man be em-
ployed to work on these dumps and
cover up al] such material as it is
dumped.
Respectfully submitted,
W. J, CGNNELL,
Director of Health,
Health Department,
Dubuque, Iowa.
Councilman Thompson moved
that the communication of Health
Director Connell be received and
piled, Seconded by Councilman
Murphy, Carried by the following
vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton,
Nays-None,
Dubuque, Iowa,
May 19th,, 1938,
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen;
In accordance with the provi-
sions of Chapter 289 of the Code of
Iowa, 1935, as amended, the Civil
Service Commission conducted
competitive examinations for• elig-
ible list fm• appointment to the
position of Ambulance Driver. A
total of sixteen persons took said
examination and the following list
shows the names of those tivho
passed the examination with an
average of 70% or better. This
examination was conducted on May
11th,, 1938.
Harry M. Haggerty, 91%,
Leonard Joseph Anglin, 76%,
Robert L, Golden, 70%.
Respectfully submitted,
E. J. RYAN,
Chairman.
W. J, RAWSCN,
C. S. HARKER,
Commissioners.
J, J. SIIEA,
Clerk, Civil Service Commission.
State of Iowa
County of Dubuque
SS,
Subscribed and sworn to before
me, a Notary Public in and for Du•
buque County, State of Iowa, this
19th day of May, 1938.
(SEAL)
C, A. REED,
Notary Public in and for
Dubuque County,
State of Iowa.
Councilman Murphy moved that
the communication of the Civil
Service Commission be made a
matter of record. Seconded by
Councilman Thompson. Carried by
the following vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton.
Nays-None.
May 5, 1938.
To the Honorable Mayor
and City Council,
Dubuque, Iowa,
Gentlemen:
I am submitting hel•ewith reports
of the City Auditor, City Treasurer
and City Water Department for the
month of April, 1938, also list of
claims and list of payrolls fm'
which warrants were drawn during
the month of April, 1938,
Respectfully submitted,
A, A. RHCMBERG,
City Manager.
Councilman Murphy moved that
the reports be received and placed
on file. Seconded by Councilman
Thompson, Carried by the follow-
ing vote;
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton,
Nays-None,
Contract for Primary Road Ex-
tension Maintenance between the
City of Dubuque and the Iowa State
Highway Commission, Ames, Iowa,
said contract having been placed
on file on May 2nd, 1938, for public
inspection, presented for final ap•
proval.
Councilman Wharton moved that
the contract be approved and that
the Mayor be authorized to execute
the same on behalf of the City of
Dubuque,, Iowa. Seconded by Coun-
cilman Van Duelman. Carried by
the following vote;
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton,
Nays-None,
Verbal r•epor•t of City Solicitor
Nelson recommending the settle-
ment of the personal injury claim
of A, L. Mutschler in the amount of
$8.00 for injuries received in fall-
ing on icy sidewalk in front of the
residence located at 2439 Cherry
Street, presented.
Councilman Murphy moved that
the recommendation of City Solici-
+~
108 Special Session, May ZOth, 1938 Special Session, May 20th, 1938 109
for Nelson be approved and that a
warrant in the amount of $8,00 be
ordered drawn on the City Treas-
urer in favor of A. L. Mutschler
as settlement in full of his personal
injury claim. Seconded by Coun-
cilman Wharton. Carried by the
following vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton.
Nays-None.
Verbal report of City Solicitor
Nelson recommending that the
claim of Les Walker in the amount
of $G22.65 for personal injuries re-
ceived in falling on icy sidewalk at
1091 West 5th Street, be disallowed
in view of the fact that said claim
was not filed within statutory time,
presented.
Councilman Van Duelman moved
that the recommendation of City
Solicitor Nelson be approved, Sec-
onded by Councilman Murphy. Car-
ried by the following vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton.
Nays-None.
May 20, 1938.
To the Honorable Mayor,
City Council of the
City of Dubuque:
Gentlemen;
In response to the directions of
your honorable body to the City
Solicitor directing the preparation
and submission of proper ordi•
nances covering the changing of
certain bus routes in the City of
Dubuque, and the rerouting of
buses upon these routes in accord-
ance with the request and petitions
filed with your body asking for the
same, I beg to submit the following
report, recommendations, and pro•
posed ordinances. I find upon ex-
amination of the franchise of the
Interstate Power Company relative
to its transportation system, and
Uhe ordinances later passed chang-
ing the method of transportation
from street cars to buses, and
later ordinances amending and
changing certain methods, and ex-
amination of the schedule under
which buses are being routed over
streets which are not designated
in either the franchise or in any
subsequent ordinance designating
bus routes, and that buses are be-
ing operated over four different
specific routes which `vere never
provided for by either franchise
or subsequent ordinance, and that
in Uhe caso of changing these
routes, buses are being operated
over streets iu the City of Du•
buque which are not included in
any of the other bus routes pro
vided for by either franchise or
ordinance.
I find upon investigation that
these changes made in designated
bus routes, and these particular
routes over which buses are sched-
uled and operated, have been pro-
vided by the company, and service
thereon furnished because of de-
mand therefor, and because the
patronage thereof warrants the
additional service. In view of this
fact, and of the fact thaU the pre-
sent rooting of buses was appar-
ently determined upon by the
transportation company in the at-
tempt to satisfy the requirements
of the different sections of the
city, and, after investigation and
conference with both the superin-
tendent of transportation of the
Interstate Power Company, and the
City 11lanager, during which the
entire transportation system was
exhaustibly studied and consid-
ered, and in order to have all the
buses now operating, operate over
streets properly provided for by
ordinance, I am recommending the
adoption of the attached ordi-
nances which repeal the former
ordinances with referenceto routes
and adopt in lieu thereof, an ordi-
nance covering the entire transpor-
tation system, setting forth in de-
tail each of the specific routes over
which buses are being operated,
and which inchides the change in
the Grandview route over Bennett
Street, and in the Fremont Route
over Dodge Street, which ivas spe-
cifically ordered by your body. I
would recommend the adoption of
the attached ordinances, the first
ordinance repealing Ordinance No.
9-33; the second ordinance re-
pealing Ordinance No. 20-32, and
the third ordinance amending Or-
dinance No. 15-32, the original
bus routing ordinance.
Respectfully submitted,
AL. J. NELSON,
City Solicitor,
Councilman Murphy moved that
the recommendation of City Solici-
tor Nelson be approved and that
the communication be made a
matter of record, Seconded by
Councilman Wharton. Carried by
the following vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton,
Nays-None,
Ordinance No, 10-1938
An Ordinance repealing Ordi-
nance No. 9-33 entitled: "An
ordinance amending an ordinance
entitled, 'An ordinance authorizing
Interstate Power Company, its suc•
cessors and assigns to substitute
motor bus transportation for street
railway transportation in the City
of Dubuque; fixing a time for the
removal of rails, ties, poles, and
appurtenances from the streets
and the restoration of streets; de-
signating motor bus routes; pre-
scribing the places for loadiug and
discharging of passengers; impos-
ing conditions upon the rights
granted by this ordinance; pro-
vidingfor the continuance in effect
of all the provisions of the fran•
chise ordinance of said Interstate
Power Company not inconsistent
herewith; and requiring an ac•
ceptance of the provisions hereof',
as amended by Ordinance No.
20-32 by repealing that portion
of Paragrapl 258, Section 12,
Route 7, and enacting a substitute
in lieu thereof", presented and
read,
Councilman Van Duelman moved
that the reading just had be con-
sidered the first reading of the
ordinance. Seconded by Council-
man Murphy. Carried by the fol-
]owiug vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompsmt, Van Duelman,
Wharton.
Nays-None.
Councilman Van Duelman moved
that the rules be suspended re•
quiring an ordinance to be read on
tln'ee separate days. Seconded by
Councilman Murphy. Carried by
the following vote:
Yeas--Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton,
Nays-None,
Tho ordinance was then read a
second time.
Councilman Van Duelman
moved that the reading just had
be considered the second reading
of the ordinance. Seconded by
Councilman Murphy. Carried by
the following vote:
Yeas-Mayor Clark, Cottncihuen
Murphy, Thompson, Van Duelman,
Wharton.
Nays-None,
Ordinance No, 11-1938
An ordinance repealing Ordi-
nance No. 20-32 entitled: "An
ordinance amending an ordinance
entitled 'No, 15-32. An ordinance
authorizing the Interstate Power
Company,. its successm's and as-
signs, to substitute motor bus
transportation for street railway
transportation in the City of Du-
buque; fixing a time far the re-
moval of rails, ties, poles and
appurtenances from tho streets
and the restoration of streets; de-
signating motor bus routes; pre-
scribing the places for loading and
discharging of passengers, impos-
ing conditions upon the rights
granted by this ordinance; provid-
ing for the continuance iu effect
of all of the provisions of the fran-
chise ordinance of said Interstate
Power Company not inconsistent
herewith; and requiring an accept-
ance of the provisions hereof', by
repealing that portion of Para-
graph 258, Section 12, describing
Route 5, and enacting a substitute
in lieu thereof", presented and
read.
Councilman Van Duelman
moved that the reading just had
be considered the first reading of
Uhe ordinance. Seconded by Coun-
cilman Thompson. Carried by the
follotiving vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton.
Nays-None.
Councilman Van Duelman
moved that the rules be suspended
requiring an ordinance to be read
on three separate days. Seconded
by Cottncilmau Thompson. Carried
by the following vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duehuan,
Wharton.
Nays--None.
The ordinance was then read a
second time,
Councilman Van Duelman
moved that the reading just had
be considered the second reading
of the ordinance. Seconded by
Councilman Thompson. Carried by
the follotiving'vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van lluehuau,
Wharton.
Nays-None.
Ordinance No. 12-1938
An Ordnance amending an Ordi-
nance entitled: "Ordinance No-
15-32. An ordinance authorizing
Interstate Power Company, Its Sl1C-
cessors and assigns to substitute
motor bus transpm•t~tion for sheet
railway transportation iu the City
of Dubuque; fixing a time far the
removal of rails, ties, poles, and
appurtenances from the streets
and the restoration of streets; de-
signating~ motor bus routes; pre-
scribing the places far the loadiug•
and discharging of passengers; inr-
posing conditions upon rights
granted by this ordinance; provid-
ing for the continuance iu effect of
all the provisions of the franchise
ordinance of said Interstate Power
Company not inconsistent here-
with; and requiring an acceptance
of the provisions hereof," by re~
pealing Paragraph 258, Section 12,
and enacting a substitute in lieu
thereof, presented and read.
Councilman Van Duelman
moved Uhat the reading just had
be considered the first reading of
the ordinance. Seconded by Coun•
110 Special Session, May 20th, 1938
Gilman Wharton. Gamed by the
following vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton.
Nays-None.
Councilman Van Duelman
moved that the rules be suspended
requiring an ordinance to be read
on three separate days. Seconded
by Councilman Wharton. Carried
by the fallowing vote;
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
W harLon.
Nays-None,
The ordinance was then read a
second time.
Councilman Van Duelman
moved that t{to reading just had
be considered the second reading
of the ordinance. Secmrded by
Councilman Wharton. Carried by
the following vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, V•an Duelman,
Wharton,
Nays-None.
There being no j'urther business
Councilman Van Duelman moved
to adjourn. Seconded by Couucii-
man Murphy. Carried by the fol-
lowing vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Vau Duelman,
Wharton.
Nays-None,
J. J. SHEA,
City Clerk.
Approved ..................................1938.
Adopted ....................................1938.
Councilmen : 1 ......................................
Attest : ....................................
City Clerlr.
Regular Session, June 6th, 1938 111
~I$~ COll11C1~
(Official)
Regular Session, June 0th, 1938,
Council met at 8;05 P. M.
Present-Mayor Clark, Council-
men Murphy, Thompson, Van Duel•
man, Wharton, and City Manager
Rhomberg.
Mayor Clark stated that this is
the regular monthly meeting of the
City Council for the purpose of act-
ing upon such business as~ may
properly come before the meeting.
Claim of Mrs. Laura Bircher in
the amount of $500.00 far personal
injuries received from tripping an
a raised brick in the sidewalk on
the south side of West 'Eleventh
Street between Walnut Street and
the first alley west of Walnut
Street about 11 feet east of a pri•
vote driveway going into the G. F.
Kauffman property and at a point
north of the Kauffman property,
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 Duolman,
Wharton.
Nays-None.
Notice of Claim of William Mur-
phy, father and next friend of Pa-
tricia Ann Murphy, a minor, in the
amount of $1,000,00 fot• injuries re-
ceived by Patricia Ann Murphy in
falling into a depression located in
and upon the sidewalk abutting a
residence situated 'at 157 South Lo-
cust 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:
Yes-Mayor Clark, Councilmen
1Vlurphy, Thompson, Van Duelman,
Wharton.
Nays-None.
Claim of Mrs. Barbara Kartman
in an amount to cover hospital and
doctor bills, which bills will be
filed later, far injm•ies received
while riding in an automobile oper-
ated by her son, said automobile
dropped into a hole on West 3rd
Street just off Hill Street, present-
ed and read.
Councilman Thompson moved to
refer the claim to the City Solic-
itor. Seconded by Councilman Mur-
phy. Carried by the following
vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton.
Nays-None.
Communication of Fischer &
Company, Inc., submitting invoice
in the amount of $33.24 far dam-
ages to a truck of Armour & Com-
pany which was serviced at their
station on April 23rd, and stating
that in parking on Locust Street
between 3rd and 4th an overhang-
ing limb caused damages to said
truck in the amount of the receipt-
ed invoice, presented and read.
Councilman Van Duelman moved
to refer the communication with
attached receipted invoice to the
Park Board. Seconded by Council-
man Murphy. Carried by the fol-
lowing vote:
Yeas-Mayor Clarlc, Councilmen
Murphy, Thompson, Van Duelman,
Wharton.
Nays-None.
Original Notice of Suit of Otto
Burkart in the amount of $127.26
for damage to his automobile at
the intersection of West 14th and
Henion Streets, said damage result-
ing from the placing of two large
piles of snow in the traveled por•
tion of said West 14th Street, pt'e-
seated and road.
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.
Communication of J, Edward
Whelan submitting application for
the position of Police Judge for
the rest of the 1938 term, present-
ed and read.
Councilman Murphy moved to re-
fer' the communication to the City
Council for further consideration.
Seconded by Councilman Van Duel-
man. Carried by the following
vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
SVharton.
Nays--None.
Communication of Buell & Win-
ter Engineering Company, Sioux
City, Iowa, advising the City Coun-
cil that they would like to make
up an application to the P.W.A. for
a sewage treatment plant for the
City of Dubuque presented and
read.
Councilman Thompson moved to
receive and file the communication.
Seconded by Councilman Van Duel-