1938 September Council ProceedingsRegular Session, September 5th, 1938 201
City Council
(Official)
Regular Session, September 6th,
1938.
No members of the Council be•
ing present on roll call the meet-
ing was postponed subject to call.
J. J. SHEA,
City Clerk.
Approved ..................................1938.
Adopted ....................................1938.
Councilmen: 1 ......................................
Attest :.........:......................................
City Clerk,
City Council
(Official)
Adjourned Regular Session, Sep-
tember 6th, 1938.
Council met at 7:45 P. M.
Present-Mayor Clark, Council•
men Murphy, Thompson, Van Duel-
man, Wharton, City Managet•
Rhomberg,
Mayot• Clarlc stated that this
meeting is an adjourned meeting
of the regular meeting of Septem-
ber 5th, 1938, for the purpose of
acting upon such business as may
properly come before a regular
meeting of the City Cauncll.
Councihuau Wharton moved that
the rules be suspended for the
purpose of allowing any ono pre-
sent in the Council Chamber, who
wishes to do so, to address the
Council. Seconded by Councilman
Van Duelman. Carried by the fol•
lowing vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton.
Nays-None.
A new American Flag was pre-
sented to the City Council by offi-
cers and members of the Mary
Agard Tent, Daughters of Union
Veterans of the Civil War. Mayor
Car] A. Clark accepted the flag ou
behalf of the City and extended
the thanks of the City Council and
other City officers for the gift.
Mr. H• J. Hazewinkel, represent-
ing the Dubuque Trades and Labor
Congress, addressed the Council re-
questing that union labor be em-
ployed when possible on any Public
Works Adntinistt•ation projects
sponsored by the city government
and also requesting that steps be
talten to insure all possible safety
measures in the construction of
said work,
Mayor Carl A, Clark stated, with
al] members of the Council agree-
ing, that the Council would cooper-
ate as far as possible under P. W.
A. regulations for the employment
of union labor on projects spon-
sored by the City of Dubuque.
Mr. Frank Hardie, representing
the Dubuque Poster Advertising
Co., addressed the Council request-
ing that the ordinances be changed
in order to allow the erection of
signs and signboards in various
parts of the City of Dubuque.
Council advised Mr. Hardie that
this request must be presented to
the Council in writing.
Mr. Guy C. Spero addressed the
Council requesting that the alley
firsC west of Grandview Avenue
202 Adjourned Regular Session, September 6th, 1938
running between Pert•y Street and
Bradley Street be graded.
Councilman Van Duelman moved
that the request he referred to the
City Council to view the grounds.
Seconded by Councilman Thomp-
son, Carried by the following vote:
Yeas-Mayor Clark,, Councilmen
Murphy, Thompson, Van Duelman,
Wharton,.
Nays-None.
Mr. Bart Kane addressed the
Council making inquiry as to what
action had been taken on their
former petition in which they re-
quested that the two blocks on
Rush Street which were not taken
care of when the other portion of
the street tvas repaired, be given
immediate attention as the dust is
unbearable.
Council advised Mr. Kane that
they would view this request on
Friday afternoon.
Mr. Nick Grommersch addressed
the Council requesting that Sabula
Street be extended as asked for
in a former petition and also that
Valeria Street adjoining his pro-
perty be repaired.
Council advised Mr. Grommersch
that they would view his requests
on Friday afternoon,
Petition of Robert. E. Miller t•e-
questing the City Council to view
the grounds as to the vacation of
Charles Street and also as to the
sale of Lot 37 in South Park Hill
Addition, presented and read.
Mr. Nick Grommersch addressed
the Counci] stating that he object-
ed to the vacation of Charles Street
as asked for in the petition of Mr.
Robert E. Miller.
Councilman Wharton moved that
the petition be referred to the
Council to view the grounds as re-
quested. Seconded by Councilman
Van Duelman. Carried by the fol-
lowing vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton.
Nays-None.
Petition of Ralph F, and Mrs,
Howe requesting permission to use
part of their home, with an addi-
tion thereto, to serve as a small
grocery store on their property
known as 1028 Walnut Street and
described as the northerly 68 feet
of Lot 15 and the northerly 68
feet of the westerly 36 feet of Lot
16 in Farley's Subdivision, present-
ed and read.
Councilman Thompson moved to
refer the petition to the Planning
and Zoning Commission for their
recommendation and report. Sec-
onded by Councilman Murphy. Car-
ried by the following vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton.
Nays-None.
Petition of Grace S. Faig, refet•-
t•ed to the City Council by the
Board of Supervisors, requesting
suspension of the 1937 taxes on
Lot 1 of Sub. 1 of Ral, of City
Lot 735 and Lot 1 of Sub. 1 of
Pt. of City Lot 735A, presented
and read.
Councilman Murphy moved to
refer the petition to the City So-
licitor for investigation and report.
Seconded by Councilman Thomp-
son. Carried by the following
vote:
Yeas-Mayot• Clark, Councilmen
Mutphy, Thompson, Van Duelman,
Wharton.
Nays-None,
Petition of Wm. Olanosky re=
questing an adjustment of the pen-
alty charges on the delinquent spe•
cial assessments levied against the
North one•fifth and the Not•th half
of the North middle one-fifth of
City Lot 442 for the paving of Cen-
tral Avenue, presented and read,
Councilman Murphy moved to re-
fer the petition to the City Man-
ager and City Treasurer for inves-
tigation and report. Seconded by
Councilman Wharton, Carried by
the following vote:
Yeas-Mayor Clarlc, Councilmen
Murphy,, Thompson, Van Duelman,
Wharton.
Nays-None,
Petition of Mrs. Lawrence F. Dil-
lon, et al, requesting the City Coun-
cil to order the reconditioning and
surfacing of the gutters on South-
ern Avenue from No. 388 Southern
Avenue to No. 248 Southern Aven-
ue to the storm sewer opening, pre-
sented and read.
Councilman Thompson moved to
refer the petition to the City Coun-
cil to view the grounds. Seconded
by Councilman Mut•phy. Carried
by the following vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton.
Nays-None
Resolution No, 88--38
RESOLUTION AND APPLICA-
TION FOR TDMPORARY
TRANSFER OF
FUNDS
Whereas, the City of Dubuque
has established and is maintain-
ing aSinking Fund far the pur-
pose of providing for the payment
of Water Works Bonds, principal
and interest, as they respectively
mature and there has accumulated
in said fond as of August 30, 1938,
the sum of $216,844,43, all of which
has been realized from receipts in
Adjourned Regular Session, September 6th, 1938 203
the operation of such Water Works
and not from the levy of any tax•
es; and
Whereas, there are outstanding
Water Works bonds in the sum of
$209,000AO, the maturities of which
are as follows:
On Apt•il 1st, 1939 ..............$39,000.00
On April 1st, 1940 .............. 35,000.00
On April 1st, 1941 .............. 40,000,00
On April 1st, 1942 .............. 32,000.00
On April 1st, 1943 .............. 35,000.00
On April 1st, 1944 .............. 28,000.00
and
Whereas, there is more than suf-
ficient money in said Sinking Fund
at this time to pay all bonds, prin-
cipa] and interest, up to and includ•
ing the bonds which mature in
1943; and
Whereas, there has been execut-
ed and filed an application on be•
half of the City of Dubuque, to the
United States of America, for a
grant of $67,500.00 to aid in financ-
ing the construction of necessary
improvements to the Water Works
System, at an estimated cost of
$150,000.00, and
Whereas, such application for a
grant of $67,500.00 is conditioned
upon the expenditure of $82,500.00
on the part of the City of Dubuque,
Iowa, from the Water Wot•ks Gen-
eral Fund, and
Whereas, there is in said Water
Works General Fund, as of August
30, 1938, the sum of $44,910.76,
which amount is insufficient to fi-
nance the 55 per centum of the
proposed construction of improve-
ment to the Water Works System,
and also to maintain the Water
Works Utility; now therefore,
Be it resolved by the City Coun-
c11 of the City of Dubuque that
subject to the approval of the State
Comptroller, there be and there is
hereby temporarily tranferred
from the Water Worlcs Sinking
Fund to the Watet• Works General
Fund the suet of $40,000.00 such
sum to be used only for the pur-
pose of paying costs of construc-
tion of Improvements to the Water
Works System as are required to
be borne by said City pursuant
to rules and regulations of the
Dmergency Administration of Pub•
lic Works and that the Clerk and
Auditor be,. and they are hereby
directed to adjust their books to
conform to such transfer.
Be it further resolved that, the
sum thus temporarily transferred
be returned to the Water Works
Sinking Futtd on or before March
31st, 1940, partial payments to be
made each month from the reven-
ues of the Water Works General
Fund and such revenues are hereby
irrevocably pledged far the purpose
of repaying such temporarily trans-
ferred funds.
Passed, adopted and approved
this 30th day of August, 1938,
CARL A. CLARK,
Mayor.
FRANK VAN DUELMAN,
ALBERT WHARTON,
GEO, R. MURPHY,
F• W. THOMPSON,
Councilmen,
Attest: J. J. SHEA,
City Clerk.
APPROVAL
The above and foregoing Reso•
lution and Application for Tempor-
ary Transfer of Funds is hereby
approved this 31st day of August,
1938, subject to the provisions
above noted.
C, B. MURTAGH,
Slate Comptroller.
Councilman Murphy moved that
the approval of State Comptroller
Murtagh be made a matter of rec•
ord. Seconded by Councilman
Thompson. Carried by the follow-
ing vote:
Yeas-Mayor Glark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton.
Nays-None.
Council Proceedings far the
month of July, 1938, presented far
approval.
Councilman Thompson moved
that the Council Proceedings fot•
the month of July, 1938, be ap•
proved as printed. Seconded by
Councilman Murphy, Carried by
the following vote:
Feas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton.
Nays-None.
ORDINANCE 22-38.
Au Ordinance amending Ordinance
No. 3-34, Zoning Ordinance of the
City of llubuque, Iowa, and chang-
ing the Zonmg map of the City of
Dubuque, as provided for by said
Ordinance 3-34, designated as "Zon-
ing Ordinance of the City of Du-
buque, I'owa," by amending Section 1,
Use Regulations of Article IV of said
Ordinance No. 3-34, multiple resi-
dence district, by adding thereto an
additional paragraph prescribing an
additional purpose for which build-
ings within a certain prescribed area,
in said multiple residence district,
may be used and declaring an emer-
gency, said ordinance having been
passed upon first and second read-
ings on August 30th, 1938, presented
and read a third time.
ORDINANCE 22-38.
An Ordinance amend[ng Ordinance
No, 3-34, Zoning Ordinance of the
City of Dubuque, Iowa, and chang-
ing the Zoning map of the City of
Dubuque, as provided for by said
Ordinance 3-34, designated as "Zon-
ing Ordinance of the City oY Du-
buque, Iowa," by amending Section 1,
Use Regulations of Article IV of said
Ordinance No. 3-34, multiple resi-
dence district, by adding thereto an
III
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i
204 Adjourned Regular Session, September 6th, 1938
additional paragraph prescribing an
additional purpose for which build-
ings within a certain prescribed area,
in said multiple residence district,
may be used and declaring an emer-
gency.
WHEREAS, upon the recommenda-
tion of the Planning and Zoning
Commission, it is deemed advisable
by this Council to amend the Zoning
Ordinance of the City of llubuque,
and change the zoning map of the
City of Dubuque, provided for by Or-
dinance No. 3-34, designated as,
"'CONING ORDINANCE OF THE
CITY OF DUBUQUE", by changing
the zoning map of the City of Du-
buque as provided for by the zoning
ordinance of the City of Dubuque,
Iowa, entitled, "Ordinance No.
3-34", by amending Section 1, Use
Regulations of Article IV of said Or-
dinance No. 3-34, multiple resi-
dence district, by adding thereto an
additional paragraPlt prescribing an
additional purpose for which build-
ings within a certain prescribed area
in said multiple residence district
may be used, and,
WHEREAS, notice of such pro-
posed change has been published as
provided by law, and an opportunity
has been afforded to all interested
parties to object thereto at a public
meeting held on August 30, 1938, and
WHEREAS, certain tax-payers ap-
peared at said meeting and filed and
presented objections to said amend-
ments and changes jn said Zoning
Ordinance, and nere given an oppor-
tunity to be heard upon said objec-
tions, and, after a full and complete
discussion, said objections were over-
ruled and ordered received and filed.
NOW, THEREFORE:
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF DL'-
BL'QUE, IOWA:
Paragraph 708, Section 1
That the Zoning Ordinance of the
City of Dubuque, Iowa, designated as,
"Ordinance 3-34", and the zoning
map of the City of Dubuque, be, and
the same are hereby amended and
changed as follows:
(a) By amending Section 1 of Ar-
ticle IV, of said Zoning Ordi-
nance relating to Use Regula-
tions of multiple residence dis-
tricts, and changing the zon-
ing maP to conform therewith,
as follows:
(1) By striking paragraph (i) of
said Section 1 of Article IV of
said paragraph, and inserting
in lieu thereof, the following:
"(i) Funeral Home and Mortuary
within the following designat-
ed multiple family residence
districts in the area bounded
by the North property line of
Dodge Street, and the North
Prenerty line of the North side
of Seventeenth Street and West
Seventeenth Street, and the
West uropertY line of the lots
adjarent to and abutting the
Westerly side of Bluff Street.
and the East nrnnertY line of
the lots ad.iacent to and abut-
ting the Easterly side of Cen-
tral Avenue."
(2) Rv arldine to said Section 1 of
Article iV, a new naraeranh,
designated as, na.ragranh (jl,
as follows:
°(i) Accessory uses nn the same
lot cnstnmarily incident to anv
of the above permitted uses."
'a
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i
Paragraph 709, Section 2
This Ordinance being deemed urg-
ent and of immediate necessity, shall
be to force and effect from and after
its final passage, adoption and ap-
proval by the City Council, and pub-
lication as provided by law.
Passed upon first and second read-
ings this 30th day of August, 1938,
Passed, adopted and approved this
6th day of September, 1938.
CARL A. CLARK,
Mayor.
FRANI{ VAN DUELMAN,
ALBERT WHARTON,
GEO. R. MURPHY,
F, W, TI30MPSON.
Attest: J. S. SHEA,
City Clerk,
Published officially in the Tele-
graph-Herald newspaper, September
8th, 1938,
J. J. SHEA,
9-8-1t City Clerk.
Councilman Valt Duelman moved
the adoption of the ordinance. Sec•
onded by Councilman Wharton.
Carried by the following vote:
Yeas-Mayor Clark,, Councilmen
Mttrphy, Thompson, Van Duelman,
Wharton,
Nays-None.
ORDINANCE N0. 23-38
An Ordinance providing for writ-
ten agreements behveen the City of
Dubuque, Iowa, and members of the
Police and Fire Departments of the
City of Dubuque, Ioe•a, who have
cattributed to the Pension Funds of
their respective Departments, and the
surviving dependents of the deceased
members of said Police and Fire De-
partments who have so contributed;
and providing the form of written
Certificate of Agreement and the is-
suance and delivery thereof, as well
as bindng the City of Dubuque,
Iowa, to carry gut the terms and pro-
visions of said Certificate of Agree-
ment, said Ordinauce having been
passed upon first and second readings
on August 36th, 1938, presented and
read a third time,
ORDINANCE N0. 23.36
An Ordinance providing far writ-
ten agreements between the City of
Dubuque, Iowa, and members of the
Police and Fire Departments of the
City of Dubuque, Iowa, who have
contributed to the Pension Funds of
their respective Departments, and the
surviving dependents of the deceased
members of said Police and Fire De-
partments who have so contributed;
and providing the form of written
Certificate of Agreement and the is-
suance and delivery thereof, as well
as binding the City of Dubuque,
Iowa, to tarty out the terms and pro-
visions of said Certificate of Agree-
ment.
WHEREAS, by the provisions of
Section 19, of Senate File No. 295,
enacted by the Fotty-Fifth General
Assembly, Special Session, of the
State of Iowa (Chapter 75 of the
Laws of the Forty-Fifth General As-
sembly-Extraordinary Session), now
compiled and designated as Section
6323 of the Code of Iowa of 1935, the
provisions of which are applicable
to the City of Dubuque, Iowa, the
City of Dubuque is bouhd and obli-
gated to guarantee that the rate of
Payment and contribution made by
the individual members of the Po-
lice and Fire Departments of the
City of Dubuque, Iowa, to the re-
ourned Regular Session, September 6th, 1938 208
spective pension funds of said De•
partments, prior to and at the time
of the enactment and effective date
of Section 19, of Senate File 295,
designated as Chapter 75, of the
Laws of the Forty-Fifth General As-
sembly-Extraordinary Session, now
compiled and known as Section 6323
of the Code of Iowa of 1935, shall
not be increased, and to guarantee
that the present and prospective
rights and benefits provided for by
said respective pension systems, and
by the provisions of Chapter 322 of
the Code of Iowa of 1931, relating
thereto, shall not be abridged or les-
sened, and to guarantee to all mem-
bers of said respective Police and
Fire Departments, so contributing.
and to the surviving dependents of
the deceased members of said De-
partments who have so contributed,
all of the rights and benefits, present
and prospective. in such pension sys-
tem, and,
WHEREAS, by the provisions of
said Chapter 75 of the Laws of the
Forty-Fifth General Assembly-Ex-
traordinary Session, now compiled and
designated as Section 6323 of the Code
of Iowa of 1935, the City of Dubuque
is authorized to enter into an agree-
ment, evidencing said guaranties and
obligating said City to carry out the
same, and,
WHEREAS, tt is deemed expedient
and for the best interests of the City
of Dubuque and for the maintenance
and advancement of the morale of
the members of the Police and Fire
Departments eP the City that said
agreement be entered into,
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF DU-
BUQUE, IOWA:
PARAGRAPH 710, Section 1.
That, in order to comply with the
provisions of Chapter 75 of the Laws
of the Forty-Fifth General Assem-
bly-Extraordinary Session, compiled
and codified as Section 6323 of the
Code of Iowa of 1935, the provisions
of which are applicable to the City
of Dubuque, Iowa, au agreement
shall be entered into by the City of
Dubuque, Iowa, with each of the fol-
lowing named persons who have con•
tributed and/or are now contributing
to the Firemen's or Policemen's Pen-
sion Fund and/or surviving depend-
ents of such contributors as defined
by Section 6315 of the Code of Iowa
of 1931, and amendments thereto,
to-mit:
Policemen and Women Naw Con•
trlbuting to the Pension Fund: Alt-
man, Albert; Anthony, Paul; Andre-
sen, Wilfred; Brady, John; Rriet-
haupt, Ernest; Callahan, Hugh; Car-
roll, William; Connolly, Thomas;
Daily, Edward; Deluhery, Edward
Derreberry, John; Dolan. John; Dona-
hue, John; Ehlers, ATicholas; Giellis,
John lV.; Gilligan, George; Horsfall,
Ray; I{one, Eldon; Livermore, Oscar;
Lucas, Percy; Matz, Frank; Noel, Al-
fred; Peters, Charles; Post, Charles;
Stoltz, George; Stratton, William;
Strub, Joseph; Sullivan, Clarence;
Trentz. William; Voels, Fred; Vos-
berg, Edward; WeItL Ddward: White,
Laverne; 1Vhitfield, Edwin; Williams,
Franlr.
Policemen and Women and Depend-
ents of Deceased Policemen Now
Drawing Pensions: Aitchison, .Tames
(Earl Aitchison, guardian); Aitchison.
Robert (Earl Aitchison. guardian);
Campbell, Mrs. Catherine; Campbell,
John James (i4Irs. Catherine Camp-
bell, guardian); Corcoran, Mrs.
James; Dahl, Mrs, A.; Duggan,
Thomas; Fox, Mrs, John; Fury, Pat-
rick; Hibbe, klrs. Katherine; Lu-
descher, Barney; McInerney, ,Mrs.
Patrick; O'Brien, Mrs. John; O'Con-
nor, Miohael; Ratterman, Gus; R3'an,
Mrs. Michael; Seyler, Fred; Truher,
Charles; Spielman, John.
Firemen Now Contributing to the
Pension Fund: Bennett, Mayhew;
Benzer, Lestet^ Blaser, William;
Brewer, Albert; Cahill, Martin; Casey,
Patrick; Corzine, Chalmers; Cos-
grove, Harold; Davis, George; Dono-
van, Louis; Dougherty, Sames; Flick,
Elwood; Fury, Martin; Gibson, Wil-
liam; Goff, John; Hallahan, Leo; Han-
ley, Terrance; Harker, David; Hick-
son, Thomas; Higgins, William; Hock-
ing, Herbert; Huftill, Fred; Saeger,
Milian; Tochum, Charles; Kenneally,
Frank; Kinsella, William; I{irch, Per-
ry; I{luck, Vincent; Larson, Otto;
Lonergan, Franlc; Lorenz, Chester;
McCann, Johu; DlcCoy. Joseph; Mc-
Manus. Patrick; Motsch Frank; Mur-
ray, Thomas; Myers, William; Noonan,
John; O'Connor. James; Roberts,
Cyril; Ryan, William; Schadle, John;
Slaght, Raymond; Stafford, Tohn;
Stoltz, GVilliam: Tierney. Cerny;
Walsh. Jahn: Wemett, Louis; Wie-
neke. Fred; Woodward, Harvey.
Firemen and Dependents of Deceased
Firemen Now Drawing Pensions:
Ahern, David; Baumgartner, Frank;
Benzer, Mrs. Joseph; Cain, Mrs.
Henry; Carnahy, Mrs. William;
Carnaby, Mary Jane (Mrs, W. Carna-
by, guardian); Connolly, Joseph;
Daley, Mrs. J, F.; Ducy, William;
Eitel, Mrs, Katherine; Fahey, Mrs.
Martin; Flynn, John; Gehrke, George;
Heer, Albert; Hipman, William; Hu-
bacher, Mrs. Elmer; Kannolt, Wil-
liam; Kelly, Michael; KepPler, Jo-
seph; Kenneally, Mrs. Maude; Mc-
Dermott, Mrs. Edward: McLean, Mrs.
Agnes; Murphy, Mrs. Frank; O'Brien,
Thomas; Ryder, Mrs. Julia; Smith,
John; ,Smith, William; Sweeney,
Michael.
Paragraph 711, Section 2,
There shall be printed Two Hundred
(200) Certificates of Agreement to
be worded as follows:
Certificate of Agreement
This indenture is to certify that
the City of Dubuque, Dubuque Coun-
ty, Iowa, by ordinance passed and
adopted by the City Council on the
- day of September, 1938, as
authorized by law in Section 6323 of
the Code of Iowa of 1935, here
acknowledges and recognizes -
as the surviving de-
pendent, of -
(widow or child)
or,
(strike out phrase not applicable)
retired
as an active contributor to the
deceased
Policemen's
Firemen's Pension Fund of said City,
and the said City agrees that in con-
sideration of such past and/or future
payments made from the salary of
said contributor to said pension fund
and the present and prospective bene-
fits provided for by said pension sys-
tem, the said City of Dubuque shall
be and hereby is bound and obligated
to carry out with said contributor
and/or her/his surviving dependents
as defined in Section 6318, Code of
Iowa of 1931 and amendments thereto,
the present and Prospective benefits
provided in the Disabled and Retired
206 Adjourned 12egular Session, September 6th, 1938
Firemen and Policemen statutes of
the State of Iowa, recited in Chapter
322, Section G310 to G323, inclusive,
Code of Iowa of 1931, as amended by
the Acts of the Forty-fifth General
Assembly, Regular and Special Ses-
sions, guaranteeing that the rate of
said payments by said contributor
shall not be increased and that said
present and prospective rights and
benefits shall not be abridged nor
lessened, and that said rights and
benefits shall be a direct charge on
said City,
Dated at Dubuque, Iowa, this -
day of 1938.
CITY OF DUBUQUE,
By
Mayor.
ATTEST:
City Clerk.
I hereby certify that the records of
the Fire Department which are in my
Police
custody, care and control as Secre-
tary of said Department, show the
following as to the time of service of
as a member of
said department:
Secretary
Dubuque Police Department
Fire "
Paragraph 712, Section 3
One such certificate properly num-
bered and filled in to include the
name of the contributor or of the
surviving dependent as the case may
be, and specifying the fund to which
payments were or are now being
made, shall he issued to each con-
tributor hereinabove named, or if
such contributm• be deceased, then to
his surviving dependent ar depend-
ents, if any, hereinabove named.
Paragraph 713, Section 4
The City of Dubuque, Iowa is and
shall be bound to carry out and to
comply with all the terms and pro-
visions of said certificate hereinabove
provided for.
Paragraph 714, Section 5
This Ordinance shall be in 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.
Passed upon first and second read-
ings this 30th day of August, 1938.
Passed, adopted and approved this
8th day of September, 1938.
CARL A, CLARK, Mayor.
FRANK VAN DUELMAN,
ALBERT WHARTON,
GEO. R. MURPHY,
F. W. THOMPSON,
Councilmen.
ATTEST: J. J. SHEA,
City Clerk.
Published officially in the Tele-
graph-Herald newspaper on the 8th
day of. September, 1938.
J. J. SHEA,
9-8-1t City Clerk.
Cotmcilman Van Duelman moved
the adoption of the ordinance. Sec-
onded by Councilman Murphy, Car-
ried by the following vote:
Yeas-Mayor Clatk, Councilmen
Murphy, Thompson, Van Duelman,
Wharton. ,
Nays-None,
Ordinance No, 24-38
An ordinance granting to Spahn
and Rose Lumber Company, own-
ers, its successors and assigns,
the right to construct and maintain
areaways above the sidewalk level
or surface in Washington Street
and in East Eighth Avenue, ad-
jacent to and abutting the South
one-half (S ~) of Lot Four Hun-
Bred Fifteen (415) in the town
(now city) of Dubuque, Iowa; and
prescribing the conditions of said
permit, said ordinance having been
passed upon first and second read-
ings on August 39th, 1938, present-
ed and read a third time.
ORDINANCE NO. 24.38
An ordinance granting to Spahn and
Rose Lumber Company, owners, its
successors and assigns, the right to
construct and maintain areaways
above the sidewalk level or surface in
Washington Street and in East Eighth
Avenue, adjacent to and abutting the
South one-half (S~), of Lot Four
Hundred Fifteen (415) in the town
(now city) of Dubuque, Iowa; and
prescribing the conditions of said per-
mit.
Ee it ordained by the City Council
of the City of Dubuque:
PARAGRAPH 715, Section 1
That Spahn and Rase Lumber Com-
pany owners, its successors and as-
signs, be, and they are, hereby grant-
ed the right and authority to con-
struct and maintain an areaway in
Washington Street abutting the South
one-half (S~) of Lot Four Hundred
Fifteen (415) in the town (now city)
of Dubuque, Iowa, said areaway to
extend into said street from the build-
ing upon said lot to the West curbing
of Washington Street, and said area-
way to be built or erected at a
heighth of not less than twelve (12)
inches, m• more than twenty-four (24)
inches above the sidewalk level or
surface of said street at said point,
said areaway to be built of concrete
and covered with an iron or steel
grille, with a suitable or proper ramp
extending from the top of said area-
way to the sidewalk level on both
the North and Soutlt sides of said
areaway, the same to be used in con-
nection with the use of the building
upon said lot by the owners thereof,
said structure to be built under the
supervision of the Building Commis-
sioner of the City of Dubuque, Iowa.
PARAGRAPH 716, Section 'l
That Spahn and Rose Lumber Com-
pany, owners, its successors and as-
signs be, and they are hereby granted
the right and authority to construct
and maintain two areaways in East
Eighth Avenue, abutting the South
one-half (Slh) of Lot Four Hundred
Fifteen (415) in the town (now city)
of Dubuque, Iowa, each of said area-
ways to extend into said East Eighth
Avenue far a distance of not more
than two feet (2 ft.) from the build-
ing upon said lot, and each areaway
to be five feet (5 ft.) in length and
to extend above the level or surface
of the sidewalk on the North side of
East Eighth Avenue, a distance of
eighteen (1S) inches, said areaway to
be built of concrete and covered with
an iron or steel grille, and with a
suitable or proper iron railing above
said areaway, extending around the
same and connecting with the build-
ing upon said lot, said areaways to be
used in connection with the use of
said buildings upon said lot, and to
be built under the supervision of the
Adjourned Regttlar Session, September 6th, 1938 207
Building Commissioner of the City of
Dubuque, Iowa.
PARAGRAPH 717, Section 3
It is understood and provided that
such right, license and permission, as
hereinabove given in Sections 1 and
2 hereof to use said Washington
Street and East Eighth Avenue far
said areaways, is subject to the con-
tinuous control of the City Council of
the City of Dubuque, reserving the
right in said City Council of the City
of Dubuque to impose such restric-
tions or conditimis upon the enjoy-
ment thereof as may be reasonably
necessary for the protection of the
public interest, including the right
to revolve and rescind such permis-
sion, if, at any time the public in-
terests should require such revocation.
If, and when, such permit, right or
license, is revoked by said City Coun-
cil, said owners, its successors and
assigns shall remove said areaways
at its or their own expense, and re-
store such part of said Washington
Street or East Eighth Avenue as has
been theretofore occupied to the same
condition said streets were in prior
to the construction of said areaways.
PARAGRAPH 718, Section 4
Said Spahn and Rose Lumber Com-
pany, its successors and assigns,
shall agree, as a condition to the
granting of the permit and privilege
herein granted, and shall guarantee
by the acceptance of the terms here-
of, to fully protect and save the City
of Dubuque harmless as to any claims,
damages, or liabilities of any ]vind
which may arise because of the con-
struction and maintenance of said
areativays, and any and all claims,
damages or liabilities that may arise
or be incurred by reason of the grant-
ing of the privileges herein made, and
in any suit which may arise or be in-
stituted because of said areaways,
said Spahn and Rose Lumber Com-
pany, its successors and assigns, shall,
at the direction of said City of Du-
buque, make all necessary defense
to said suit, and fully indemnify said
city for any expenses or liabilities to
which said City of Dubuque may be
subjected because of said suit.
PARAGRAPH 719, Section b
This ordinance shall be in 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 rights hereunder shall accrue to
the said Spahn and Rose Lumber
Company, its successors and assigns,
when the provisions hereof have been
accepted by them.
Passed upon first and second read-
ings this 30th day of August, 1938.
Passed, adopted and approved this
8th day of September, 1938.
CARL A. CLARK, Mayor,
FRANK VAN DUELMAN,
ALBERT WHARTON,
GEO. R. MURPHY,
F. W, THOMPSON,
Attest: J. J. SHEA, Councilmen,
City Clerk,
ACCEPTANCE BY OWNER
Spahn and Rose Lumber Company,
a corporation, owner in fee of Lot
Four Hundred Fifteen (415) in the
town (now city) of Dubuque, Iowa,
does hereby accept the terms, pro-
visions and conditions of the ordin-
ance adopted by the City Council of
the City of Dubuque, designated as:
"Ordinance No. 24-38. An ordi-
nance granting to Spahn and Rose
Lumber Company, owners, its suc-
cessors and assigns, the right to
construct and maintain areaways
above the sidewalk level or surface
in Washington Street and in East
Eighth Avenue, adjacent to and
abutting the South one-half (S~),
of Lot Four Hundred Fifteen (41b),
in the town (now city) of Dubuque,
Iowa;"
this 12th day of September, 1938.
SPAHN & ROSE LUMBER COM-
PANY, Owner,
By G. D, ROSE,
President.
By THOS. MAXWELL,
Secretary.
Published officially in the Tele-
graph-Herald newspaper on the 14th
day of September, 1938.
J. J. SIiEA,
City Clerk.
9-14-1t
Councilman Van Dnehman moved
the adoption of the ordinance. Sec-
onded by Councilman Thompson,
Carried by the following vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton.
Nays-None.
August 30, 1938.
To the Honorable Mayor and City
Council,
Dubuque, Iowa.
Gentlemen: The matter of at-
tached petition of Charles Miller
requesting vacation of Charles
Street which was referred to the
Planning and Zoning Commission
on August 17th by yottr honorable
body received attention at a spe•
vial meeting of the Commission
August 29th and 30th.
After due consideration, the Plan
ping and Zoning Commission wish-
es to recommend to the City Coun-
cil denial of said petition of
Charles Miller.
The Commission agrees that
Charles Street, between Broad-
way Extension and Muscatine
Street, is not a necessary street,
bttt until such time as the City
has plans for development of the
area or a purchaser for the laud
to be vacated together with the
triangular city property ,directly
south, there is no reason to go
to the expense of changing the
ordinance.
Respectfully submitted,
R. V. McKAY, Sec'y,
Planning and Zoning Commission.
Councilman Murphy moved that
the communication of the Planning
and Zoning Commission be t•efer-
red to the City Council, Second•
ed by Councilman Thompson, Car-
ried by the following vote;
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton.
Nays-None.
August 30, 1938,
To the Honorable 1Vlayor and City
Council,
Dubuque, Iowa
Gentlemen: At a special meet-
208 Adjourned Regular Session, September 6th, 1938
ing of the Planning and Zoning
Commission held August 29th, it
was unanimously agreed to recom-
mend to your honorable body the
approval of the Memorial Building
project as planned by the Joint
Memorial Building Committee pro-
vided that it conforms to the Com-
prehensive City Plan which has al-
ready been adopted by ordinance
and with special reference to the
insert of Page 10 and accompany-
ing references of said plan.
Respectfully submitted,
R. V. McKAY, Sec'y,
Planning and Zoning Commission.
Councilman Murphy moved that
the communication of the Planning
and Zoning Commission be re-
ceived and filed. Seconded by
Councilman Thompson. Carried by
the following vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson. Van Duelman,
Wharton.
Nays-None.
Communication of Board of Dock
Commissioners advising Council
that they are in receipt of a letter
from Mr. H. B. Armour, Director
of Division Operation, Works Pro-
gress Administration, Des Moines,
in which he deems it very urgent
that the City acquire as soon as
possible all property upon which
the present W. P. A, river front
improvement is now operating, pre-
sented and read.
Councilman Thompson moved to
refer the communication to the
City Council. Seconded by Coun-
cilmen Wharton. Carried- by the
following vote:
Yeas-Mayor Clark,, Councilmen
Murphy, Thompson Van Duelman,
Wharton.
Nays-None,
Resolution No. 92-38
Whereas, applications for Class
"B" Beer Permits have been sub-
mitted 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
Loyal Order of Moose, Dubuque
Lodge No, 355 (Renewal), 1379
Central Avenue.
Gust Billie, (Renewal), 605 Main
Street,
John A. Armstrong, (Renewal),
393 Main Street.
George Nordin, (Renewal), 1106
Julien Avenue.
Patrick R, Kennedy, (Renewal),
2412 Central Avenue.
Viola Grode (Renewals), 16,43
Central Avenue,
Geraldine Spielman & Frank
Spielman, (Renewal), 1464 Central
Avenue.
Mrs, Margaret O'Brien (Transfer
04 address from 241 Main Street),
428 West Locust Street,
Passed, adopted and approved
this 6th day of September, 1938.
CARL A. CLARK,
Mayor,
FRANK VAN DUELMAN,
ALDERT WHARTON,
GEO, R. MURPHY,
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, Counci]•
men Murphy, Thompson, Van Duel•
man, Wharton. Nays-None.
Resolution No. 93-38
Whereas, heretofore applications
were filed by the within named ap•
plicants 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 Beer Permit,
CLASS "B" PERMIT
Loyal Order of Moose, Dubuque
Lodge No, 355, (Renewal), 1379
Central Avenue.
Gust Billie, (Renewal), 605 Main
Street.
John A. Armstrong, (Renewal),
398 Main Street.
George Nordin, (Renewal), 1105
Julien Avenue.
Patrick R, Kennedy, (Renewal),
2412 Central Avenue.
Viola Grode, (Renewal), 1643
Central Avenue,
Geraldine Spielman & Frank
'Spielman, (Renewal), 1464 Central
Avenue,
Mrs, 111argaret O'Brien (Transfer
of address from 241 Main Street),
428 West Locust Strret.
Be it further resolved that the
bonds filed by such applicants be
and the same are hereby approved,
Adjourned Regular Session, September 6th, 1938 209
Passed, adopted and approved
this 6th day of September, 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 Thompson. Car-
ried by the following vote: Yeas
-Mayor Clark, Councilmen Mur-
phy, Thompson, Van Duelman,
Wharton.
Nays-None.
September 6, 1938.
Honorable Mayor and City Council,
Dubuque, Iowa.
Gentlemen: My attention has
been called to the fact that Harold
Neubauer, purchaser of Lot twenty-
seven B (27B) of A. P, Wood's Ad-~
dition to the City of Dubuque,
Iotiva, under a land contract enter-
ed into by and between him and
the City of Dubuque, has com-
pleted all payments specified in
said contract, together with inter-
est thereon, and that said pur-
chaser is now entitled to a quit
claim deed from the city as epec•
ied in said contract.
I am, therefore, enclosing here-
with a resolution authorizing the
execution and delivery of a quit
claim deed, to Harold Neubauer.
I would recommend the adoption
of the resolution, and the execu-
tion and delivery of the deed here-
with enclosed.
Respectfully submitted,
AL. J. NELSON,
City Solicitor.
Councilman Murphy moved that
the recommendation of City Solic-
itor Nelson be approved. Seconded
by Councilman Thompson. Carried
by the fallowing vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton,
Nays-None.
Resolution No. 94-38.
Whereas, pursuant to authority
given by resolution of the City
Council of the City of Dubuque,
adopted on the 23rd day of Septem-
ber, 1937, the Mayor and City Clerk
of the City of Dubuque, did enter
into an agreement and executed a
land sales contract with one Hur-
old Neubauer, purchaser, by the
terms of which contract said City
of Dubuque, sold under contract to
the said Harold Neubauer, Lot
Twenty-seven B (27B) of A, P.
Wood's Addition to the City of Du-
buque, Iowa, for the consideration
of Four Hundred and no/100
($400.00) Dollars, payable One
Hundred ($100,00) Dollars upon the
signing and delivering of the con-
tract„ and the balance of Three
Hundred ($300.00) Dollars with in-
terest thereon at the rate of five
(5) per cent per annum, payable in
twelve (12) installments of Twen-
ty-five ($25,00) Dollars, each, and,
Whereas, the said Harold Neu-
bauer, purchaser under contract of
said property, has heretofore paid
to the City of Dubuque all of the
consideration recited in said con-
tract, and al] of the purchase price
of said property together with in-
terest as provided in said contract,
and
Whereas, said Land contract so
entered into provided by its terms
that upon payment of said pur-
chase price together with interest
by said purchaser, the City of Du-
buque would make, execute and de-
liver to said purchaser, H a r o l d
Neubauer, a quit claim deed con-
veying all right, title and interest
in said premises to the said Har-
old Neubauer, purchaser.
Now, therefore, Be It Resolved,
that the City Council of the City
of Dubuque, by Carl A, Clark,
Mayor, and J, J. Shea, Clerk, re-
spectively, of the City of Dubuque,
be authorized, and they are hereby
directed to make, execute and de-
liver on behalf of the City of Du-
buque, Iowa, to Harold Neubauer,
a quit claim deed conveying and'
transferring to the said H a r o l d
Neubauer, all the right, title and
interest to said City of Dubuque,
in and to Lot Twenty-seven B
(27B) of A, P, Wood's Addition to
the City of Dubuque, Iowa, accord-
ing to the recorded plat thereof,
Be It Further Resolved by Said
City Council, that the City Auditor
of the City of Dubuque be, and he
is hereby authorized to issue war-
rant for the purchase of the re-
quired documentary stamp for said
deed.
Passed, adopted, and approved
this 6th day of September, 1938.
CARL A. CLARK,
Mayor,
FRANK VAN DUELMAN,
ALBERT WHARTON,
GEO, R. MURPHY,
F, W, THOMPSON,
Councilmen,
Attest: J, J. SHEA,
City Clerk,
210 Special Session, September 8th, 1938
Councilman Thompson move d
the adoption of the resolution. Sec-
onded by Councilman Murphy. Car-
ried by the following vote:
Yeas-Mayor Clark, Councilmen
Mm•phy, Thompson, Van Duelman,
Wharton.
Nays-None.
There being no further business,
Councilman 11lttrphy moved to ad-
journ. Seconded by Councilman
Vau lluelman. 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 Sessiou, September 8th,
1938,
Council met at 7:05 P. M,
Present-Mayor Clark, Council-
men Murphy, Thompson, Vau Due]-
tnan, Wharton.
Meeting called 6y order of Coun•
cilmen Van DueL•nan and Thomp•
son.
11layor Clark read the call and
stated that service thereof had
been duly made and that this
meeting is called for the purpose
of acting upon petitions requesting
the City Council to call a Special
Election to vote upon the follow-
ing proposition: "Shall the City of
Dubuque, Dubuque County, Iowa, is-
sue bonds in the sum of $230,010.00
to cover the expense of the erect-
ing and equipping of a Memorial
Building under the Provisions of
Chapter 33 of the Code of Iowa
of 1935 and Amendments thereto?"
and acting on any other business
as may properly come before a
regular meeting of the City Coun-
cil,
letitions containing the signa+
tut•es of 2,594 qualified electors of
the City of Dubuque, Dubuque
County, Iowa, requesting the City
Council to call a Special Election
and to submit to the electors of
the City of Dubuquex to be voted
upon by them at said Special Elec•
tion the following 'proposition:
"Shall the City of Dubuque, Du-
buque County, Iowa, issue bonds in
the sum of $230,010.00 to cover the
expense of the erecting and equip-
ping of a Memorial Building under
the Provisions of Chaptet• 33 of the
Code of Iowa of 1935 and Amend-
ments thereto?" presented and
read.
Councilman Van Duelman moved
to refer the petitions to the City
Council fot• the purpose of detet•-
mining the sufficiency thereof both
as to form and number of sigua-
tures, Seconded by Councilman
Wharton. Carried by the follow-
ing vote:
Yeas-Mayor Clark, Councilmen
Mm•phy, Thompson, Van Duelman,
Wharton.
Nays-None.
Resolution No, 95-38
Whereas, on the 8th day of Sep-
tember, 1938, there was filed in
the office of the Clerk of the City
of Dubuque, Iowa, a number of pe-
titions purporting to contdin the
names of 2594 electors of the City
of Dubuque, requesting thet•ein
that the following proposition be
ecial Session, September 8th, 1938 211
submitted to the electors of sail
city of Dubuque, at a special elec
tion, to be called therefor, to-wit;
"Shall the City of Dubuque, Du
buque County, Iowa, issue bonds it
the sum of $230,010.00, to covet
the expense of the erecting and
equipping of a memorial building
under the provisions of Chaptet
33, of the Code of Iowa of 1935,
and amendments thereto?" and,
Whereas, such petitions were re•
fm•red to the City Council for the
purpose of determining the suffi•
ciency thereof, both as to form and
the number of signers thereon;
and,
Whereas, a canvas of said peti-
tions within the limit of time al-
lowed discloses that said petitions
were signed by more than ten (10)
per cent of the qualified electors
of the City of Dubuque, Iowa, as
shown by the poll list ih the last
preceding regular municipal elec-
tion; and,
Whereas, the City Solicitor has
advised this council that the peti-
tions are in substantial compliance
with the statute and contain a suf-
ficient number of signatures to
comply with the law; and,
Whereas, said petitions have
been filed with the distinct under-
standing that the cost of erecting
and equipping said Memorial Build-
ing is to exceed the sum of $230,-,
010.00, the amount of the bonds
proposed to be issued, and will
approximate the sum of $418,-
200.00, and that the excess of said
cost over and above the amount
of bonds to be issued in ,accord-
ance with the proposition to be
submitted at said election is to
constitute an award m• advance-
ment from the Public Works Ad-
ministration of the United States
Government, and that it is with
this undet•standing that said pe-
titions are submitted to this Coun-
cil;
Now, therefore:
Be it resolved by the City Coun•
cil of the City of Dubuque:
That a special election of the
electors of the City of Dubuque,
Iowa be held on the 6th day of
October, 1938, at which election
there shall be submitted to said
electors to be voted upon by them
at said election, the following
proposition:
"Shall the City of Dubuque, Du-
buque County, Iowa, issue bonds
in the sum of $230,010.00 to cover
expense of erecting -and equipping
a Memorial Building under the pro-
visions of Chapter 33, of the Cade
of Iowa of 1935, and amendments
thereto?"
Be it further resolved; that the
City Clerk be, and be is, hereby
directed to prepare notice of said
election and cause the same to be
published in a newspaper publish-
ed in the City of Dubuque, Iowa,
once each week for four (4) con-
secutive weeks, the last publica-
tion to be not less than five (5), or
mare than twenty(20) days prior
to such election,
Be it further resolved that the
City Clerk he, and he is, hereby
directed to prepare the necessary
ballots, to be used at said election,
and to do all other things required
by law for the holding of said spe-
cial election, in the manner and
form as required by law.
Passed, adopted and approved,
this 8th day of September, 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 oP the resolution, Second-
ed by Councilman Thompson. Car-
ried by the fallowing vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton. Nays-None,
There being no further business
Councilman Murphy moved to ad•
jodrn. Seconded by Councilman
Thompson. Carried by the follow-
ing vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton, Nays-None.
J. J, SHEA,
City Clerk.
APProved ..................................1938.
Adopted ....................................1938,
Councilmen: ~ ......................................
Attest :................................................
Cfty Clerk,
212 Special Session,
City Council
(Official)
Special Session, September 20th,
1938.
Council met at 2:30 P. M.
Present-Councilmen Murphy,
Thompson, Van Duelman,, Wharton,
City Manager Rhomberg.
Absent-Mayor Clark.
Meeting called by order of Coun-
cilmen Van Duelman and Wharton.
Councilman Wharton moved that
Councilman Murphy be appointed
Mayor Pro Tem of the meeting.
Seconded by Councilman Van Duel-
man. Carried by the fallowing
vote:
Yeas -Councilmen Thompson,
Van Duelman, Wharton.
Nays-None.
Absent Mayor Clark.
Councilman Murphy not voting.
Mayor Pro Tem Murphy read the
call and stated that service there-
of had been duly made and that
this meeting- is called for the pur-
pose of considering the petition of
the Trustees of the property of the
Chicago, Milwaukee, St, Paul & Pa+
cific Railroad Company requesting
the vacation of certain streets and
alleys and acting on any other bus-
iness as may properly came before
a regular meeting of the City Coun•
cil,
Original Notice of Suit of Orland
Driscoll in the amount of $75.00 for
personal injuries resulting from an
automobile accident caused by a
collision with an excavation in the
street adjoining a manhole about
200 feet south of Barrett's store on
Southern avenue, presented and
read,
Councilman Thompson moved to
refer the Original Notice of Suit to
the City Solicitor, Seconded by
Councilman Van Duelman. Carried
by the Following vote:
Yeas-Mayor Pro Tem Murphy,
Councilmen Thompson, Van Duel-
man, Wharton.
Nays-I~ne.
Absent=Mayor Clark.
Original Notice of Suit of Dan
Heitz in the amount of ,$35.00 for
damages sustained to his car
caused by a collision with an ex•
cavation in the street adjoining a
manhole about 200 feet south of
BarreUt's store on Southern avenue,
presented and read.
Councilman Thompson moved to
refer the Original Notice of Suit
to the City Solicitor,. Seconded by
Councilman Van Duelman. Carried
by the following vote:
Yeas-Mayor Pro Tem Murphy,
ember 20th, 1938
Councilmen Thompson, Van Duel•
man, Wharton.
Nays-None.
Absent-Mayor Clark.
Notice of Claim of Osweiler Van
Service in Uhe amount of $80.00 for
damages to their truck caused in
striking a tree on Merz Street,
presented and read.
Councilman Thompson moved to
refer the Notice of Claim to the
Park Board far investigation and
report. Seconded by Councilman
Van Duelman. Carried by the fol-
lowing vote:
Yeas-Mayor Pro Tem Murphy,
Councilmen Thompson, Van Duel-
man, Wharton.
Nays-None.
Absent-Mayor Clark.
Communication of Local Chapter,
No. 9, of Iowa State Policemen's
Association thanking the City
Council for the passage of the or-
dinance which guarantees to them
and their beneficiaries the pensions
now established by law, presented
and read,
Councilman Van Duelman moved
that the communication be re-
ceived and filed.. Seconded by
Councilman Wharton. Carried by
the fallowing vote:
Yeas-Mayor Pro Tem Murphy,
Councilmen Thompson, Van Duel-
man, Wharton.
Nays-None.
Absent-Mayor Clark.
Petition of Mrs. Lena Heer et al.
requesting the City Council to in•
vestigate the condition of the wood
sheds on the Jerry Walser Estate
at 357 East 12th Street, presented
and read.
Councilman Van Duelman moved
to refer the petition to the City
Manager and Building Commission-
er for investigation and report,
Seconded by Councilman Wharton.
Carried by the following vote:
Yeas-Mayor Pro Tem Murphy,
Councilmen Thompson, Van Duel-
man, Wharton.
Nays-None.
Absent-Mayor Clark,
Petition of Dubuque Musician's
Protective Association requesting
permission to hang's banner across
Main Street, presented and read.
Councilman Van Duelman moved
that the t•equest be granted. Sec-
onded by Councilman Thompson,
Carried by the following vote:
Yeas-Mayor Pro Tem Murphy,
Councilmen Thompson, Van Duel-
man, Wharton,
Nays-None.
Absent-Mayor Clark.
Petition of Senior High School
Special Session, September 20th, 1938 213
requesting permission to hang a
banner across Main Street, pre-
sented and read.
City Manager Rhomberg advising
Council that on account of no
Council meeting being scheduled
that he had granted the request.
Councilman Van Duelman moved
that the action of City Manager
Rhomberg be approved, Seconded
by Councilman Wharton. Carried
by the following vote:
Yeas-Mayor Pro Tem Mut•pity,
Councilmen Thompson, Van Duel•
man, Wharton.
Nays-None.
Absent-Mayor Clark.
Petition of Disabled Vetera-ns of
World War requesting permission
to conduct, the annual Forget-Me•
Nat Drive on Saturday, October 8,
1938, Presented and read.
Councilman Van Duelman moved
that the request be granted. Sec-
onded by Councilman Wharton.
Carried by the following vote:
Yeas-Mayor Pro Tem Murphy,
Councilmen Thompson, Van Duel•
man, Wharton.
Nays-None.
Absent-Mayor Clark,
Petition of Anne T. Spensley,
Agent, for Maria R. Spensley, Anne
T, Spensley and Mary Alice Weir
requesting au agricultural exemp-
tion on Mineral Lot 138 for the
years 1937 and 1938, presented and
read.
Councilman Wharton moved to
refer the petition to Ube City So-
licitor for investigation and report.
Seconded by Councilman Van Duel-
man, Carried by the following
vote:
Yeas-Mayor Pro Tem Murphy,
Councilmen Thompson, Van Duel-
man, Wharton.
Nays-None.
Absent-Mayor Clark.
Petition of W, J. Spensley et al,
requesting that the Alley between
Asbury and Finley on C h o r r y
Street to the alley between Cherry
Street and Green Street be graded,
presented and read.
Counci]man Wharton moved to
refer the petition to the City Coun•
cil to view the grounds. Seconded
by Councilman Van Duelman, Car-
ried by the following vote:
Yeas-Mayor Pro Tom Murphy,
Councilmen Thompson, Van Duel-
man, Wharton.
Nays-None.
Absent-Mayor Clark.
September 13, 1938,
To the I3onorable Mayor and City
Council, Dubuque, Iowa,
Gentlemen: With reference to
attached petition of Mr, and Mt•s.
Ralph Howe, referred to Planning
& Zoning Commission by you on
September 12th, asking revision of
Zoning Ordinance so Uhey may con-
duct a grocery store on their
property at 1028 Walnut Street,
the Planning & Zoning Commission
hereby recommends to your honor-
able body that the present local
business district extending 100 feet
west, and 100 feet east of Walnut
Street on Julien Avenue and back
to a line corresponding with the
center of Jefferson Street be ex-
tended northward along the east
side of Walnut Street to the mid-
dle of alley between Jefferson
Street and West Eleventh Street
and to a depth of approximately
100 feet east of Walnut Street.
(See plat attached.)
This slight extension of an ex-
isting local business district is not
considered objectionable by the
Commission being what may natur•
ally be expected with f u r t h e r
growth of tha residence district to
~be served by this local business
district, This area is now a blight-
ed residence one, and the trend
will be toward local business in
the future.
R, V. McI{A,Y, Secretary,
Planning & Zoning
Commission.
Councilman Van Duelman moved
to suspend the rules for the pur-
pose of allowing any one presenb
in the Council Chamber, who wish-
es to do so, to address the Council,
Seconded by Councilman Thomp-
son, Carried by the following
vote:
4 eas-Mayor Pro Tem Murphy,
Councilmen Thompson, Van Duel-
man, Wharton.
Nays-None,
Absent-Mayor Clark,
Mr. and Mrs. Ralph Howe ad-
dressed the Council stating that if
the Zoning Map is amended and
changed as requested by them that
they intend to have all deliveries
made in the alley,
Councilman Thompson move d
that the recommendation of the
Planning and Zoning Commission
be made a matter of record and
that the City Solicitor be instruct-
ed to prepare the proper proceed-
ings. Seconded by Councilman
Wharton. Carried by the following
vote:
Yeas-Mayor Pro Tem Murphy,
Councilmen Thompson, Van Duel-
man, Wharton,
ATays-None,
Absent-Mayor Clark.
214 Special Session, September 20th, 1938
September 12, 1938.
To the Honorable Mayor and City
Council, Dubuque, Iowa.
Gentlemen: At the session, of the
City Council, held September 6,
1935, the petition of William Olan-
oslty requesting an adjustment on
delinquent special assessments on
the N. 1/5 of the N. 1/z of the N.
M. 1/5 of Cihy Lot 442 for the pav-
ing of Central Avenue, known as
Fund 879,, was referred to the City
Manager and the City Treasurer
for investigation and report,
We wish to reply that we have
examined the status of this fund
and recommend that your honor-
able body instruct the Count y
Treasurer to accept the principal
amount owing plus interest and
advertising costs, to dates of pay-
ment, thereby waiving the pen-
alties.
Very truly yours,
A. A. RHOMBERG,
City Manager.
0. F, PULS,
City Treasurer.
Councilman Wharton moved that
the recommendation of City Man-
ager Rhomberg and City Treasurer
Pule be approved and that the
County Treasurer be instructed ac-
cordingly. Seconded by Council-
man Van• Duelman. Carried by
the following vote:
Yeas-Mayor Pro Tem Murphy,
Councilmen Thompson, Van Duel-
man, Wharton.
Nays-None.
Absent-Mayor Clark.
September 20, 1938.
To the Honorable Mayor and City
Council,
Dubuque, Iowa.
Gentlemen: I am submitting
herewith reports of the City Audi-
tor, City Treasurer, and City Wa-
ter Department for the month of
August, 1933, also a list of claims
and list of payrolls for which war-
rants were drawn during the
month of August, 1938.
Respectfully submitted,
A. A. RHOMBERG,
City Manager.
Councilman Van Duelman moved
that the reports be received and
placed on file. Seconded by Coun-
cilman Thompson. Carried by the
following vote;
Yeas-Mayor Pro Tem Murphy,
Councilmen Thompson, Van Duel-
man, Wharton.
Nays-None.
Absent-Mayor Clary.
September 2D, 1938.
To the Honorable Mayor and City
Council,
Dubuque, Iowa.
Gentlemen: On September 9,
1938, the City Council viewed the
grounds on a number of petitions
and requests throughout the city.
The situation viewed and the de•
cisions of the Council are as fol-
lows:
1. Charles Street-Council were
favorable to the vacation of
Charles Street if the Salo of the
city cwned Lot 37 of South Park
Hill Add, can be effected.
2. Sabula Street-Council saw
no present need of connecting Sa-
bnla and Burlington Streets.
3. Millville Road, or West 32nd
Streot-Council decided that the
low spots be raised with rock fill.
4. Stine Streot-Council agreed
that Stine Street and the alley con-
necting it with Merz Street be put
in passable shape.
5. Valeria Street-Council saw
na present need of extending the
grading and curbing.
6. Abbott Street Council felt
that the cost of extending Abbott
Street to Seminary Street would
be too high considering the pos-
sible benefits and agreed that two
(2) blocks of Lowell Street should
be reconditioned.
7. St. Ambrose Street-Council
found the work already completed
as requested.
8 Hazel Street-Council found
the work already completed on
that part of the street where there
are residents.
9. Extension of Platt Street to
Cardiff Street -Council decided
that the cost would be excessive
in relation to possible benefits;
Council discussed the passibility
of improving the alley first west
of Cardiff Street to provide relief
to traffic from icy conditions in
winter.
10. Alley first west of Grand-
view Avenue frmn Perry to Brad-
ley-Council suggested that levels
be run and a grade established,
but could see no way to relieve
the condition complained of due
to the natural water way at the
site.
11. Rush Street-Council agreed
that Rush Street be oiled from
Holly Street to Apple Street.
12. Southern Avenue-Council
found drains from homes empty-
ing into the gutters, but felt that
some reconditioning be done to gut
ters and shoulders of the street.
13. Eighteenth Street at Syca-
more Street-Council agreed that
holes in the street be filled.
Session, September 20th, 1938 218
14. Alley to south of Merz
Street, first east of Stafford-Coun•
cil found alley impassable and dan•
gerous and ordered it barricaded
at both ends to prevent accidents.
It is my recommendation that
the actions of the City Council on
September 9, 1938, be approved and
confirmed.
Respectfully submitted,
A. A. RHOMBERG,
City Manager.
Councilman Wharton moved that
the various decisions of the City
Council on the above mentioned
requests and petitions be approved.
Seconded by Councilman Van Duel-
man, Carried by the following
vote:
Yeas-Mayor Pro Tem Murphy,
Councilmen Thompson, Van Duel•
man, Wharton,
Nays--None.
Absent-Mayor Clark.
September 20,, 1938.
To the Honorable Mayor and City
Council,
Dubuque, Iowa.
Gentlemen: At the meeting of
the City Council held September
6, 1938, the petition of the Chi-
cago, Milwaukee, St. Paul and Pa-
cifie Railroad Company floe yhe
vacation of certain streets and al-
leys in Railroad Addition and in
Wiltse's Dubuque was referred
to the Council to view the grounds.
On September 9th the Council did
so view the grounds aad held a
conference with railroad officials
on September 16th.
T recommend that the petition be
submitted to Uhe Planning and Zon-
ing Commission for their investiga-
tion and report.
Respectfully submitted,
A. A. RHOMBERG,
City Manager:
Councilman Thompson move d
that the recommendation of City
Manager Rhomberg be approved
and the petition referred to the
Planning and Zoning Commission
for their recommendation and re•
port. Seconded by Councilman Van
Duelman. Carried by the following
vote:
Yeas-Mayor ,Pro Tem Murphy,
Councilmen Thompson, Van Duel-
man, Wharton.
Nays-None.
Absent-Mayor Clark,
September 20, 1938.
To the Honorable Mayor and City
Council, Dubuque, Iowa.
Gentlemen: This is to advise
that I have approved the following
policy and bonds and desire to
have your approval on same for
filing:
EXCAVATION
Richard J. Burke, 130 West 13th
Street; Policy No. 3340, London
Guarantee and Accident Co.
PERSONAL
Esther E. Fritschel, stenograph-
er, Water Department; Bond No.
938222-A, American Surety Co, of
New York.
John Joseplr Hail, Superintend•
ent and Cashier, Water Depart
ment, Massachusetts Bonding and
Insurance Co.
Edward M. Tschirgi, Accountan6,
Water Department, Massachusetts
Bonding and Insurance Co.
Otto F, Bethke, Electrical In-
spector; Bond No, 98149, Continen-
tal Casualty Co.
Respectfully summitted,
A. A. RHOMBERG,
City Manager.
Councilman Thompson move d
that the bonds and policies be ap-
proved and placed on file. Second-
ed by Councilman Van Duelman.
Carried by the following vote:
Yeas-Mayor Pro Tem Murphy,
Councilmen Thompson, Van Duol•
man, Wharton.
Nays--None,
Absent-Mayor Clark.
Resolution No, 96-38,
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 permit
to sell cigarettes and cigarette pa-
pers within said City, and the
Manager is directed to issue such
permit on behalf of said City:
Name. Address.
Morris B, Flick, 6 Eight h
Avenue.
Charles M. Eichhorn (Eichhorn's
Pipe Shop), 1296 Central Avenue.
Be It Further Resolved that the
bonds filed with the applications be
approved.
Passed, adopted 'and approved
this 20th day of September, 1938.
GEO. R. MURPHY,
Mayor Pra Tem.
FRANK VAN DUELMAN,
ALBERT WHARTON,
F, W. THOMPSON,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Van Duelman moved
the adoption of the resolution. Sec-
onded by Councilman Wharton.
Carried by the following vote:
Yeas-Mayor Pro Tem Murphy,
216 Special Session, September 20th, 1938
Councilmen Thompson, Van Duel-
man, Wharl,on.
Nays-None.
Absent-Mayor Clark.
Resolution No. 97-38.
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-
]owitig. 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
John A. Armstrong (Renewal),
398 Main Street.
Gust Billis (Renewal), 605 Main
Street.
Alois Weitz (Renewal), 201 East
22nd Street.
Fred H. Cooper (Transfer of ad-
dress from 399 East 20th Street),
250 West 6th Street.
CLASS "C" PERMIT
Thos. J. Magee Estate, 755 Cen•
tral Avenue.
Tenenbom Super-Market, Inc.,
630 Locust Street.
Passed, adopted and approved
this 20th day of September, 1938.
GEO. R. MURPHY,
Mayor Pro Tem.
FRANK VAN DUELMAN,
ALBERT WHARTON,
F, W. THOMPSON,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Van Duelman moved
the adoption of the resolution, Sec-
onded by Councilman Thompson.
Carried by the following vote:
Yeas-Mayor Pro Tem Murphy,
Councilmen Thompson, Van Duel
man, Wharton,
Nays-None.
Absent-Mayor Clark,
Resolution No. 98-38
Whereas,, heretofore applications
were filed by the within named ap-
plicants for Beer Permits and they
received 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 Man-
ager be and he is hereby directed
to issue to the following named
persons a Beer Permit:
CLASS "B" PERMIT
John A. Armstrong (Renewal),
398 Main Street.
Gust Billis (Renewal), 605 Main
Street.
Alois Weitz (Renewal), 201 East
22nd Street.
Fred H. Cooper (Transfer of ad-
dress from 399 East 20th Street),
250 West 6th Street,
CLASS "C" PERMIT
Thos. J. Magee Estate, 756 Cen•
tral Avenue.
Tenenbom Super-Market, Inc.,
630 Lo.cnst Street.
Be it~further resolved that the
bonds filed by such aplpicants be
and the same are hereby approved.
Passed, adopted and approved
this 20th day of September, 1938.
GEO, R. MURPHY„
Mayor Pro Tem.
FRANK VAN DUELMAN,
ALBERT WHARTON,
F, W. THOMPSON,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Van Duelman moved
the adoption oP the resolution. Sec-
onded by Councilman Thompson.
Carried by the following vote:
Yeas-Mayor Pro Tem Murphy,
Councilmen Thompson,, Van Duel•
man, Wharton.
Nays-None.
Absent-Mayor Clark.
Resolution No. 99-38
Whereas, the City Council of the
City of Dubuque is desirous of
determining fair .and equitable
rates far electrical energy in the
said City; and
Whereas, in order to make such
determination this Council has
heretofore directed the City Man
alter to leak outside technical as-
sistance; and
Whereas, the City Manager in
furtherance of such purpose has
retained the consulting electrical
firm of Canavan & Lang, 231 La
Salle Street, Chicago, Illinois, to
make an inventory and valuation
of the property of the Interstate
Power Company that is used and
useful in supplying the City of
Dubuque with electrical energy and
to submit a rate structut•e based
upon their findings: Now, there-
fore,
Be it resolved by the City Coun•
cil of the City of Dubuque that
the action of the City Manager
in employing the firm of Canavan
& Lang be and it is hereby ap-
proved.
Session, September 20th, 1938 217
Passed, adopted, and approves
this 20th day of September, 1938
GEO. R. MURPHY,,
Mayor PTo Tem
FRANK VAN DUELMAN
ALBERT WHARTON,
F. W. THOMPSON,
Councilmen.
Attest: J, J. SHEA,
City Clork.
Councilman Wharton moved the
adoption of the resolution. Second
ed by Councilman Thompson. Car
ried by the fallowing vote:
Yeas-Mayor Pro Tem Murphy
Councilmen Thompson„ Van Duel
man, Wharton.
Nays-None.
Absont-Mayor Clark.
Resolution Na. 1110-30
Whereas, the Planning and Zon
ing Commission of the City of Du•
buque has recommended to the
City Council that the zoning map
of the City of Dubuque be amend-
ed and changed in the fallowing
respects:
By changing from "Two Family
Residence District" to "Local Bus•
~iaess I+)istrict," all of the lots,
lands or parcels of real estate ]y
ing tivithin a.n area bounded on the
South by the center line of Jef-
ferson Street; on the West, by the
east property line of Walnut
street; on the North, by the cen-
ter line of the alley between Jef-
ferson Street and West Eleventh
Street; and on the East, by the
easterly property line of Lot Six-
teen (16) of part of Farley's Sub-
division to the City of Dubuque,
Iowa, according to the recorded
plat thereof, said area comprising
al] of Lots Fifteen (15) and Six-
teen (16} of part of Farley's Sub•
division to the City of Dubuque;
and,
Whereas, before said zoning map
can be thus amended and changed,
it is necessary that a public hear-
ing be held thereon;
Now, therefore,
Be it resolved by the City Coun-
cil of the City of Dubuquo, that
said recommendation of the Plan-
ning and Zoning Commission, and
the same is hereby approved, and
the City Clerk is hereby directed
to cause to be published in the
official publication in the City of
Dubuque, a notice of a public hear-
ing to be held- by this Council up•
on the proposed changes and
amendments, the data of said meet-
ing and hearing being hereby fix•
ed at 7:30 o'cloclt, P. M., on Oc-
tober 7th, 1938, and to be held in
the Council Chamber at the City
Hall in the City of Dubuque, said
notice to be published at least fif•
teen (15) days before the date
of said meeting; at which time
all parties in interest, and citizens
shall have an opportunity to be
heard.
Passed, adapted and approved
this 20th day cf September, 1938.
GEO. R. MURPHY,
FRANK VAN DU rELMAN,
ALBERT WHARTON,
F. W, THOMPSON,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Van Duelman moved
the adoption of the resolution. Sec-
onded by Councilman Wharton.
Carried by the following vote:
Yeas-Mayor Pro Tem Murphy,
Councilmen Thompson,, Van Duel-
man, Wharton.
Nays-None,
Absent-Mayor C1er1C.
September 10, 1938
Honorable Mayor
and City Council,
Dubuque, Iowa.
RE: CLAIM OF DONALD BIRCH
Gentlemen:
Prior to the time I assumed the
office of City Solicitor, there was
referred to the City Solicitor by
the City Council, the claim of Don-
ald Birch, 2478 Pinard Street, in
the sum of Seventy-five o,nd no-100
($75A0) Dollars, for injuries sus-
tained by him in a fall upon an icy
sidewalk on East 25th Street, on
the 4th day of February, 1938.
Beg to report that I have com-
pleted investigation of this claim
and of the facts and circumstances
surrounding this accident, and
from all of the evidence adduced, I
find no liability on the part of the
City of Dubuque, and, therefore,
recommend that the claim be dis-
allowed,
Yours very truly,
AL. J. NELSON,
City Solicitor.
Councilman Thompson moved
that the recommendation of City
Solicitor Nelson be approved. Sec-
onded by Councilman Van Duel-
man. Carried by the following
vote:
Yeas-Mayor Pro Tem Murphy,
Councilmen Thompson, Van Duel-
man, Wharton.
Nays-None.
Absent-Mayor Clark.
September 20, 1938
Honorable Mayor
and City Council,
Dubuque, Iowa.
RECLAIM OF WILLIAM RILEY
Gentlemen:
On May 2, 1938, there was re-
b!! 'ill j.,
~~'~I
id
III II l i
Fill.
~~ I
~,,~,~.
l
~'I11
'!
it l lh^~
i l~
I~! ~I!'
~';!~
i I!II~
''~I hJk
i~ ,
~~~~~ l i~~~, ~,I
ql I'',
,!f 9'il
{.,~,
4'~
218 Special Session, September 20th, 1938
ferred to me for investigation and
report the claim of William Riley,
1068 Iowa Street, Dubuque, Iowa,
for damages on account of injuries
sustained by him as the result of
his slipping upon ice on sidewalk
in front of Na. 753 Hill Street in
the City of Dubuque, on March 5,
1938, said claim alleging said in-
juries were due to the rough and
uneven condition of said sidewalk
covered with ice caused by the up-
heaval of said sidewalk by the
roots of a tree growing between
said sidewalk and curbing and due
to the defective condition of said
walk.
I have completed investigation
of this claim and find that the sur-
face of the sidewalk vas raised by
the roots of a tree growing in a
small space between the sidewalk
and the curbing causing a very
slight sloping in the surface of the
sidewalk, which, on the morning
of the accident, was covered with
ice. The condition of the sidewalk
caused by this tree is such, that it
might be classed as a culpable dry
feet,, and, after making complete
investigation of this matter I re-
spectfully recommend that the
claim be allowed in he sum of
Thirty-five and no-100 ($35.00) Dol-
lars, and that a warrant payable to
William Riley be drawn in the
sum of Thirty-five and no-100
($35.00) Dollars, and delivered to
him upon execution by him of the
enclosed receipt and release.
Respectfully submitted,
AL. J. NELSON,
City Solicitor.
Councilman Van Duelman moved
that the recommendation of City
Solicitor Nelson be approved and
that a warrant in the amount of
$35.00 be ordered drawn in favor
of William Riley as payment in
full of his personal injury claim
and that said wart~,nt be delivered
to William Riley upon execution
by him of the enclosed receipt and
release. Seconded by Councilman
Wharton. Carried by the follow-
ing vote:
Yeas-Mayor Pro Tem Murphy,
Councilmen Thompson, Van Duel-
man, Wharton.
Nays-None,
Absent-Mayor Clark.
September 20, 1938
Honorable Mayor
and City Council,
Dubuque, Iowa.
RE: CLAIM OF MRS. BARBARA
KARTMAN
Gentlemen:
On June 6, 1938, there was re-
ferred to me for investigation and
report, the claim of Mrs. Barbara
Kartman, for damages on account
of injuries sustained by her on
April 27, 1938, alleged to have been
caused by defect in West Third
Street just East of Hill Street, The
claim filed alleges that an auto-
mobile in `vhich claimant was rid-
ing ran into one or two holes in the
street, and that in so doing claim-
ant was thrown against the inside
of the top of the car in which she
was riding, and hereafter against
the edge of the seat upon which
she was riding, causing injuries to
her silo, back and spine, and the
crushing of a vertebrae of the
spine.
I have completed investigation
of this claim and find that at the
time of this accident there were
two defects in West Third Street,
consisting of two holes close to
each other, one about two feet
(2 ft.) in diameter, and the other
about a foot (ft.) in diameter, each
of these holes being in the neigh-
borhood of two inches (2 in.) in
depth. A picture, of these holes
taken a few days after the acci-
dent is attached hereto.
In view of the fact that the holes
in this street might possibly be
considered as culpable defects, I
respectfully recommend that the
claim be allowed in the sum of One
Hundred Thirty-five and no-100
($135.00) Do]]ars, and that a war-
rant payable to Mrs. Barbara Kart-
man be drawn in the sum of One
Hundred Thirty-five and no-100
($135.00) Dollars, and delivered to
her upon the execution by her of
the enclosed receipt and release.
Respectfully submitted,
AL, J. NELSON,
City Solicitor.
Councilman Thompson moved
that the recommendation of City
Solicitor Nelson be approved and
that a warrant in the amount of
$135.00 be ordered drawn in favor
of Mrs. Barbara Kartman as pay-
ment in full of her personal injury
claim and that said tivarrant be de•
livered to Mrs. Barbara Kartman
upon execution by her of the en-
closed receipt and release. Second-
ed by Connci]man Wharton, Car-
ried by the following vote:
Yeas-Mayor Pro Tem Murphy,
Councilmen Thompson, Van Duel-
man, Wharton.
Nays~None.
Absent-Mayor Clark.
The following decisions of the
City Council relative to various tax
petitions requesting suspension of
taxes presented far Council ap-
proval: Petition of Peter Haupert
Special Session, September 20th, 1938 219
requesting suspension of the 1937
taxes on Lots 3, 4 and 5 in Buse-
man and Eberle's Sub., request
granted; Petition of Mrs, Margaret
Hogan requesting suspension of
the 1937 taxes on the North r/z of
City Lot 32G, request granted; Peti-
tion of Anne T. Spensley, Agent,
Mary Alice Weir, Anne T, Spens-
ley and Maria R, Spensley request-
ing suspension of the 1936 and 1937
taxes on Lot 2 of 1 of 1 of 11Siueral
Lot 139, request for suspension of
1936 taxes denied out of the juris-
diction of the City Council, request
for suspension of the 1937 taxes
granted; Mrs. John Badger request-
ing suspension of the 1937 taxes on
the Northeast 24 feet of West 24
feet 8 inches of East 134 feet of
Lot 10 of Fengler's Addition, re-
quest granted; Petition of Lillian
L. Hargus requesting suspension of
the 1937 taxes on Lot 1 of the Sub.
of Lot 1 of City Lot 667, request
granted; Petition of Mrs. Anna
Baesen requesting suspension of
the 1937 taxes on the South 15 feet
2 inches of Lot 255 and all of Lot
256 of East Dubuque Addition, re-
quest granted.
Councilman Wharton moved that
the decisions of the City Council
on the various tax petitions be ap-
proved and that the Board of Sup-
ervisors be notified of the action
of the City Council, Seconded by
Councilman Van Duelman. Carried
by the following vote:
Yeas-Mayor Pro Tem Murphy,
Councilmen Thompson, Van Duel-
man, Wharton,
Nays-None,
Absent-Mayor Clark.
Councilman Wharton moved that
City Manager A. A, Rhomberg be
authorized and directed to attend
the Annual Conference of the Inter-
national City Managers' Associa-
tion to be held at Boston, Mass.,
during the week of September 26th,
1938. Seconded by Councilman Van
Duelman. Carried by the following
vote:
Yeas-Mayor Pro Tem Murphy,
Councilmen Thompson, Van Duel-
man, Wharton,
Nays-None.
Absent-Mayor Clark,
Councilman Wharton moved that
City Clerk J. J. Shea be appointed
Acting City Manager during the
absence of City Manager Rhom-
berg. Seconded by Councilman
Thompson, Carried by the follow-
ing vote:
Yeas-Mayor Pro Tem Murphy,
Councilmen Thompson, Van Duel-
man, Wharton,
Nays-None,
Absent-Mayor Clark,
There being no further business
Councilman Van Duelman moved
to adjourn, Seconded by Council-
man Wharton. Carried by the fol-
lowing vote:
Yeas-Mayor Pro Tem Murphy,
Councilmen Thompson, Van Duel-
man, Wharton,
Nays-None.
Absent-Mayor Clark,
J. J. SHEA,
City Clerk.
Approved ..................................1938.
Adopted ......................................1938
Attest :................................................
City Clerk.
220 Special Session; September 23rd, 1938
City Council
(Official)
Special Session, September 23rd.,
1938,
Council met at 8:05 p.m.
Present-Mayor Clark, Council-
men Murphy, Thompson, Van Duel-
man, Wharton, City Manager
Rhomberg.
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 for the purpose of con-
sidering for adoption Resolution
No. 101-38, Resolution and appli-
cation for permanent tt+a,nsfer of
$7,355.66 from the Emergency Fund
to the General Fund and acting on
any other business as may properly
come before a regular meeting of
the City Council.
Original Notice of Suit of Leona
Kies in the sum of $5,000.00 for
injuries sustained in falling on an
accumulation of ice on the cross•
walk at the Alley on the north side
of Seventh Street between Locust
Street and Bluff Street, presented
and read,
Councilman Van Duelman moved
to refer the Original Notice of Suit
to the City Solicitot•. Seconded by
Councilman •What•ton. Carried by
the following vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton.
Nays-None,
Original Notice of Suit of Elsid
Beresford in the sum of $400.00 for
injuries received in a fall on an
icy sidewalk at 1672 Central Ave-
nue, presented and read.
Councilman Van Duelman moved
to refer the Original Notice of Suit
to the City Solicitor. Seconded by
Councilman Wharton. Carried by
the following vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
GVharton,
Nays-None.
Communication of Murphy Insur-
ance Agency requesting a letter
authorizing the cancellation of lia-
bility on the excavation bond of W.
J. Jot•dan as of September 24th,
1938, presented and read,
Councilman Van Duelman moved
that the request be gt•anted. Sec-
onded by Councilman Thompson.
Carried by the following vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,,
Wharton,
Nays-None.
Petition of Republican County
Central Committee requesting per-
mission to string a banner across
Main Street, presented and read.
Councilman Van Duelman moved
that the request be granted. Sec-
onded by Councilman Murphy. Car-
ried by the following vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton.
Nays-None.
Petition of Daniel E, Daly re•
questing that the Class "B" beer
permit appearing in the name pf
Dan. E, Daly, 678 Central Avenue,
be changed to Dan. E. Daly and
P. J. Ferring, 678 Central Avenue,
presented and read.
Councilman Thompson moved
that the request be granted. Sec-
onded by Councilman Murphy. Car-
ried by the following vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton.
Nays-None,
Petition of Christina and Mary
Ludowisy requesting permission to
redeem the tax sale certificate held
by the City of Dubuque against
the south part of Lot 136 in Union
Addition upon the payment of the
face value of the certificate in the
amount of $15.93, presented and
read.
Councilman Murphy moved that
Christina and Mary Ludowisy be
granted permission to redeem the
tax sale certificate held by the City
of Dubuque against the south part
of Lot 136 in Union Addition upon
payment of the face value of the
certificate in the amount of $15,93
plus 5% interest per annum and
advet•tising costs the balance of
interest and penalties to be waived.
Seconded by Councilman Wharton.
Carried by the following vote:
Yeas-11layor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton,
Nays--None,
Petition of Wesley B. Reynolds,
by E, J. Murray, Agenc, owner of
the north 23 feet of City Lot 8,
requesting permission to erect the
necessary stairway and platform
as a means of approach to an en-
trance to the main floor only on
the Third Street side of the build-
ing, presented and read.
Councilman Van Duelman moved
to refer the petition to the City
Solicitor for investigation and re-
port as to the legality of the con•
structien of said platform, Second-
ed by Councilman Wharton, Car•
ried by the fallowing vote;
Yeas-Mayor Clark, Councilmen
Special Session, September 23rd, 1938 221
Murphy, Thompson, Van Duelman,
Wharton.
Nays-None,
Petition of T. E. Rhomberg, A,
W. Klauer, J. Anthony Rhomberg,
Agents, by J. Anthony Rhomberg,
protesting and objecting to the
granting of the petition of the
Trustees of the Property of the
Chicago, Milwaukee, St, Paul, and
Pacific Railroad Company request-
ing the vacation of certain streets
and alleys, to the extent that it
includes the vacation of 19th Street
from Lynn Street to Marsh Street,
Hickory Street between 19th Street
and 20th Street and 20th Street be•
tween Hickory Street and Brook
Street, presented and read.
Councilman Murphy moved to
refer the petition to the City Coun-
cil, Seconded by Councilman
Thompson. Carried by the follow-
ing vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton,
Nays-None.
September 23, 1938.
Honorable Mayor
and City Council,
City of Dubuque, Iotiva.
Gentlemen:
With reference to the attached
petition of the Receivers of the
Chicago, Milwaukee, St. Paul and
Pacific Railroad, asking vacation
of certain streets and alleys east
of their present shops. property,
the Planning and Zoning Commis-
sion recommends to your honor-
able body that the petition be
granted on such terms as the City
Council thinks proper, with special
reference to the protection of City
interests in the development of
river industrial property in con-
formity with the Master Plan of
the City of Dubuque,
Respectfully submitted,
R. V. McI{AY,
Secretary,
Dubuque Planning and
Zoning Commission.
Councilman Thompson moved to
refer the communication of the
Planning and Zoning Commission
to the City Council. Seconded by
Councilman Murphy. Carried by
the following vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton.
Nays-None,
Report of the Board of Health
for the month of August, 1935, pt•e-
sented.
Councilman Murphy moved that
the report of the Boat•d of Health
for the month of August, 1938, be
received and placed on file. Sec-
onded by Councilman Thompson,
Carried by the following vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton.
Nays-None,
September 23, 1938,
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen;
Mr. Robet•t Miller has submitted
an offer of $75,00 for city owned
Lot 37 of South Pat•k Hill Add. and
for that part of Charles Street, if
vacated, from Broadway to the
alley first West,
I, therefore, recommend that
Charles Street be vacated from
Broadway to the east line of the
alley between Broadway and Mus-
catine Streets and also from the
west line of said alley to Muscfl-
tine Street. If such vacation is
made, I further recommend that
the offer of Mr, Miller be accepted
and the transfer of property be
made to him by the City,
Respectfully submitted,
A. A. RHOMBERG,
City Manager.
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
Thompson. Carried by the follow-
ing vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton,
Nays-None.
Mr. Nick Grommersch addressed
the Council objecting to the pro-
posed vacation of Charles Street
and also to the sale of Lot 37 South
Park Hill Addition and the pro-
posed vacated portion of Charles
Street for the sum of $75.00 and
stating that he would submit a bet-
ter offer for the Aurchase of Lot 37
South Park Hill Addition and the
proposed vacated portion of
Charles Street.
Councilman Wharton moved to
refer the communication of City
Manager Rhomberg 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.
Resolution No, 101-38
RESOLUTION AND APPLICA-
TION FOR PERMANENT
TRANSFER OF FUNDS.
222 Special Session, September 23rd, 1938
Whereas, an emergency tax levy
was made by the City Council of
the City of Dubuque for use during
the fiscal year beginning April 1,
1938, and ending March 31, 1939,
upon authority of the State Comp-
troller; and
Whereas, the City Treasurer of
said city has on hand the sum of
$7,355.66 in the Emergency Fund
acid the sum of $323.35 in the Gen-
eral Fund; and
Whereas, an emergency exists
due to the payment of General
Fund Warrants issued far the con-
struction of the Swimming Poo]
in the fiscal year 1936-1937, and
in order to pay such warrants it is
necessary to transfer $7,355.66
from the Emergency Fund to the
Genera] Fund; and
Whereas, before such transfer
can be made it is necessary to se-
cure the approval of the State
Comptroller: Now, Therefore,
Be it resolved by the City Coun-
cil of the City of Dubuque, subject
to the approval of the State Comp-
troller, that there be and there is
hereby permanently transferred
from the Emergency Fund to the
'General Fund, the sum of $7,355.b6
and the State Comptroller is here-
by petitioned to authorize and ap-
prove such transfer~
Be it further resolved that, upon
the approval of such transfer, the
Auditor of the City of Dubuque is
directed to adjust his books accord-
ingly and notify the Treasurer of
such transfer, and such notifica-
tion shall be accompanied by a
copy of this resolution and the
record of its adoption,
Passed, adopted and approved by
the unanimous action of the City
Council this 23rd day of Septem-
ber, 1938.
CARL A. CLARK,
Mayor,
FRANK VAN DUELMAN,
ALBERT WHARTON,
GEO. R. 1)IURPHY,
F. W, THOMPSON,
Councilmen.
Attest: J. J• SHEA,
City Clerk•
Councilman Murphy moved the
adoption of the resolution, Sec-
onded by Councilman Thompson.
Carried by the fallowing vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton.
Nays-None.
Resolution No, 102-38
Whereas, application for "B"
Beer Permits have been submitted
to this Council for approval and
the same have been examined:
Now, Therefore,
Be It Resolved by the Council
of the City of Dubuque that the
following applications be and the
same are hereby approved and it
is ordered that the premises to be
occupied by such applicants shall
be forthwith inspected.
CLASS "B" PERMIT
Joseph W. Hanten (renewal),
2220 Delhi Street.
Arthur Norton (transfer of ad•
dress from 336 Main), 1447 Central
Avenue.
Passed, adopted and approved
this 23rd day of September, 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 Thompson. Car-
ried by the following vote:
Yeas-Mayor Clark, Councihnen
Murphy, Thompson, Van Duelman,
Wharton.
Nays-None.
Resolution No. 103-38
Whereas, heretofore applications
were filed by the within named
applicants for "B" Beer Permits
and they received the approval of
this Coutrcil; 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
Manager be and he is hereby
directed to issue to the fo]lowing
named persons a Beer Permit.
CLASS "B" PERMIT
Joseph W. Hanten (renewal),
2220 Delhi Street,
Arthur Norton (transfer of ad-
dress from 336 Main), 1447 Central
Avenue.
Be It Further Resolved that the
bonds filed by such applicants be
and the same are hereby approved.
Passed, adopted and approved
this 23rd day of September, 1938•
CARL A, CLARK,
Mayor.
FRANK VAN DUELMAN,
ALBERT WHARTON,
GEO. R. MURPHY,
F. W. THOMPSON,
Councilmen.
Attest: J. J. SHEA,
City Clerk,
Special Session, September 23rd, 1938 223
Councilman Thompson moved
the adoption of the resolution. Sec-
onded by Councilman Van Duel-
man. Carried by the fallowing
vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton.
Nays-None,
Resolution No, 104-^38
Whereas,, the City of Dubuque
lras heretofore made application to
the Federal Emergency Adminis-
tration of Public Works for a grant
of $G7,500.00 to aid in financing
Water Works Improvements at a
total estimated cost of $160,000.00,
said project being lrnown as Iowa
Docket No. 1684, and
Whereas, the Federal Emergency
Adtninistration of Public Works
requires a certified scale of the
minimum wages to be paid to the
various classifications of labor en-
~gaged on this project; Now, There-
fore,
Be It Resolved by the City Coun-
cil of the City of Dubuque that the
following- rates of pay for the var-
ious classificatious of labor listed
hereto be and the same are hereby
adopted as the minimum rates to
be paid on the Construction of Im-
provements to the Water Works
System, otherwise known as Iowa
Docket No, 1684.
Trade Wage rate
or (On hourly
Occupation basis)
(a) Unskilled
Common Labor ............. $ .50
Teamster .....••..•.••..•... .60
Track Operator (11/2 ton or
less) ..........••......... .60
Laborer top main or in
trench pipe work ..... • ... .50
~ (b) Semi skilled
Air hammer operator ...•.•. .60
Back filler operator ......•.. .60
Blacksmith helper • .. , , ... • . .57
Blade grader operator .•....• .60
Bottom man •..••.•..•...... .50
Bracer ..••........•....•. .50
Concrete Mixer Operator (2
bag or less) ......•...•.•. 125
Electrician helper ..... • .50 to .80
Fireman .....•..•••......... .50
Glazier helper ..,.•......... .50
Grinder Operator (concrete) ,60
Hod Carrier ....••.......... .80
Hoist Operator (one active
drum) .............•.•.... 1.00
Kettleman (bitumunus or
lead) .•....•.• ............ .50
Ironworker Helper (rod work
only) ..........••.••...... .50
Machine erector helper ....•. .50
Mortar Maker ............•. .85
Oiler and greaser ..•........ .60
Pipe derrick man (hand
operated) ................ .50
Pipe layer tender •....•....• .60
Plumber helper • ............ .50
Proportional plant operator .. .50
Pump operator ...•..,....,.. .50.
Rock driller . .... . .... . .. . . . .50
Roofer helper ..• ............ .50
Scaffold builder ... . . . .. . .... 1.1j0
Sheet metal worker helper ... .57
Steam fitter helper , . , , , , , , , ,50
Tractor Operator .•........ , , 1.25
Truck Operator (over 11/2
tons) .•....•.•..,.•.....•. .75
Well Driller Helper • .... • ... .66
Concrete finisher .•......... .76
(c) Skilled
Blacksmith ..•.•.•...•.•.... .85
Bricklayer ...........•.... 1 .371/2
Carpenter ...•.....•........ 1.00
Caulker-liquid joint and
yarner ........................................ 1.10
Cement finisher-floors ...... .75
Dynamite and blaster man,.. ,75
Electrician ................. 1.00
Glazier .•...•.•.:. ...•. ,921/z
Ironworker-welder, burner
and cutter .• ...• ........ 1.00
ll•onworker-rod and rein-
forcing ........,•......... .60
Ironworker-machinery,
mover and rigger .•~..••... .75
Ironworker-steel, the and
metal forms .............. .60
Mason ..•.•....•....•....• 1. 371/2
Painter ......••..•.....•.. . 92x/2
Pipe Layer ................. 1.10
Plumber ..•.....,...•......, 1.10
Roofer ...............•..•.. .75
Sheet Metal worker , ... , .... .90
Steam fitter .•. ,,.,..,..., 1.10
Operators or engine man for-
Compressor .. , ...... • .. • , • 1,25
Clamshell . • .............. 1.25
Concrete mixer (larger than
2 bag) .....•.•.......•.. 125
Derrick .....••.•..•....,., 1.26
Dragline ..•...•...•.•...,• 1.25
Power Shovel •..•......... 1.25
Trench Machine ..•....... 1.25
Well Driller •.,.•.•.••.... 1.25
Plasters ••..•..•..•....•.. 125
Tile Layers . • ...... • .... 1. 371/z
Tile setters ,,...•......... 1.25
Tile Helpers .•..•......... 1.00
In case it becomes necessary for
the Contractor or any subcon trac-
tor to employ on the project u nder
this contract any person or trade
or occupation for which no mini-
mum wage rate is herein specified,
the contractor shall immediately
notify the owner who will prompt-
ly thereafter furnish the contractor
with the minimum rate. The mini-
mum rate thus furnished shall be
applicable as a minimum for such
trade or occupation from the time
of the initial employment of the
224 Special Session,
persons affected and during the
continuance of such employment.
Passed, adopted and approved
this 23rd day of September, 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 fallowing vote:
Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton.
Nays-None.
Councilman Thompson moved
that the Judges and Clerks who
served at the General Municipal
Election be appointed to act at the
Special Election to beheld on Octo-
ber 6th, 1938, in accordance with
Section 737, Chapter 40, of the
Cade of Iowa 1935, with the excep-
tion of Ray O'Brien, Judge of the
Seventh Precinct, who has trans-
ferred from said Precinct and that
Al. Bitzberger be named as Judge
of Election in the Seventh Pre-
cinct to fill the vacancy. Seconded
by Councilman Van Duelman, Car-
ried by the fallowing vote:
Yeas-Mayor Clark, Councilmen
Thompson, Van Duelman, Wharton.
Nays-Councilman Murphy.
The following decisions of the
City Council relative to various tax
petitions requeating cancellation
and suspension taxes presented for
approval: Petition of Della C. Thul
requesting cancellation of the 1937
taxes on the South 2 ft. 6 in. of
Lot 2 and all of Lot 3 of Klein-
schmidt's Sub., request granted;
Petition of Ray Denzler requesting
suspension of the 1937 taxes on
Lot 141 Burden and Lawther's Ad-
dition, request granted; Petition of
Mrs, Martha Wilson requesting
suspension of the 1937 taxes on Lot
7 of Sub, of City Lot 730 and Lot 1
of Union Add., request granted;
Petition of Miss Julia Clark re-
questing suapensian of the 1937
taxes on Lots 3 and 4 Sub. Out Lot
OS2, request granted; Petition of
George ,Hendricks requesting sus-
pension of the 1937 taxes on Lot 1
of Sub. 1 of 1 of E. ~ of Lot 40 of
Kelly .Sub,, Und, 1.5 of E. 9 ft. of 2
of 1 of E. 1/Z of Lot 40 Kelly Sub.,
Und, 1-5 of W. 29 ft, of E, 9 ft, of
2 of 1 of E. 1/Z of Lot 41 Kelly Sub.,
Und, 1-5 of N, 9 ft, of E. 100 ft. of
2 of 1 of E. r/s of Lot 41 Kelly Sub.,
ber 23rd, 1938
request granted; Petition of Joseph
Bitterly requesting suspension of
the 1937 taxes on Lot 44 of Staf-
ford Add., request granted; Peti•
tion of Mrs, Catherine Lundbeck
requesting suspension of the 1937
taxes on Lot 11 of Cox Add, and
Lot 242 of Wood4awo Park Add.,
request granted; Petition of Louisa
Scharff requesting suspension of
the 1937 taxes on Lots 34 and 35
in Belmont Addition, request
granted.
Councilman Murphy moved that
the decisions of the City Council
on the various tax petitions be ap•
proved and that the Board of Sup•
ervisors be notified of the action of
the City Council. Seconded by
Councilman Thompson. Carried by
the following vote:
Yeas-illayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton.
Nays-None,
There being no further business
Councilman Van Duelman moved
to adjourn. Seconded by Council-
man Thompson, Carried by the
fallowing vote:
Yeas-Mayor Clark, Councilmen
Murphv, Thompson, Van Duelman,
Wharton.
Nays-None.
J, J. SHEA,
City Clerk
Approved ..................................1938,
Adopted ....................................1935.
Councilmen: ~ ......................................
......................................
Attest :................................................
City Clerk.
Regular Session, October 3rd, 1938. 225
City Council
(Official)
Regular Session, October 3rd, 1938.
Council met at 7:55 P. M.
Present-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton, City Manger Rhomberg.
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.
Resolution No, 101-38.
R$SOLUTION AND AFPLICA-
TION FOR P$RMANi•NT
TRANSFI•R OF FUNDS
Whereas, an emergency tax lgvy
was made by the City Council of the
City of Dubuque for use during the
fiscal year beginning Apri( 1, 1938, and
ending March 31, 1939, upon authority
of the State Comptroller; and
Whereas, the City Treasurer of
said city has on haul the sum of
$7,3SS.66 in the $mergency Fund and
the sum of $323.35 iu the General
Fund; and
Whereas, an emergency exists due to
the payment of General Fund Warrants
issued for the construction of the
Swimming Pool in the fiscal year 1936-
1937, and in order to pay such warrants
it is necessary to transfer $7,3SS.66
from the $mergency Fund to the Gen-
eral Fund; and
Whereas, before such transfer can be
made it is necessary to secure the ap-
proval of the State 'Comptroller; Now,
Therefore,
Be It Resolved by the City Council
of the City of Dubuque, subject to the
approval of the State Comptroller, that
there be and there is hereby perma-
nently transferred from the $mergency
Fund to the General Fund, the sum of
$7,355.66 and the State Comptroller is
hereby petitioned to authorize and ap-
prove such transfer.
Be it further resolved that, upon the
approval of such transfer, the Auditor
of the City of Dubuque is directed to
adjust his books accordingly and notify
the Treasurer of such transfer, and
such notification shall be accompanied
by a copy of this resolution and the
record of its adoption.
Passed, adopted and approved by
the unanimous action of the City Coun-
cil this 23rd day of September, 1938.
CARL A. 'CLARK, Mayor.
FRANK VAN DU)aLMAN,
ALBHRT WHARTON,
G);O. R. MURPHY,
F. W. THOMPSON,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Approval,
The above application and resolution
having been filed with the State Comp-
troller, the transfer requested is ap-
proved September 26th, 1938,
C. B. MURTAGH,
State Comptroller,
Councilman Thompson moved that
the approval of C. B. Murtagh, State
Comptroller, be made a matter of rec-
ord. Seconded by Councilman Murphy.
Carried by the following vote: Yeas-
Mayor Clark, Councilmen Murphy,
Thompson, Van Duelman, Wharton,
Nays-None.
Councilman Wharton moved that the
rules be suspended for the purpose of
allowing any one present in the Coun-
cil Chamber, who wishes to do so, to
address the Council. Seconded by
Councilman Van Duelman. Carried by
the folio~a~ing vote: Yeas-Mayor
Clark, Councilmen Murphy, Thompson,
Van Duelman, Wharton, Nays-None,
Mr. Peter H. McCarthy addressed the
Council relative to the Special $lection
to be held October 6th, 1938, in which
a bond issue of $230,O10.OD will be vot-
ed upon and suggesting that publicity
be given on this bond issue to the
voters to the extent that the City may
be required to build a Sewage Disposal
Plant and extend both the water mains
and sewer mains and that with the is-
sue of $230,010.00 bonds fora Memo-
rial Building that the City will be close
to their legal bonded indebtedness.
October 3, 1938.
Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen:
Paragraph 17, Section 6669 of the
1935 Code of Iowa provides as follows:
"The City Manager shall keep the
Council fully advised of the financial
and other conditions of the city or
town, and of its future needs:' Ac-
cordingly I am submitting the follow-
ing iuforntation iu connection with the
special election of October 6th on the
question: "Shall the 'City of Dubuque,
Dubuque County, Iowa, issue Bonds in
the sum of $230,010.00 to cover the ex-
pense of the erecting and equipping of
a Memorial Building under the provi-
sions of Chapter 33 of the Code of Iowa
of 1935 and amendments thereto?"
First. As yet no assurance has been
received that a grant will be made by
the Federal )emergency Administration
of Public Works on the application filed
September 9th. This leads to the gyes-
tion as to the outcome if a favorable
vote results at the election and no
grant be forthcoming.
Second, The regional counsel of the
P. W. A. at Omaha has informed me
that the Federal Government does not
participate in purchasing sites beyond
1S°fo of the total cost of the project.
Since the site in the instant case. will