The URL can be used to link to this page

Y Roll_29 Part 2N, IN DEX— Book 69 1939 SUBJECT Page T Jan. 3—The Great Atlantic & Pacific Tea Co., granted cigarette permit........................................................................... ... 2 Feb. 27—Trewin C. B., City of Dubuque and Dubuque County Treasurer, notice of condemnation by Iowa State Highway Commission of Lots 11 and 12 in Sisters' Addition................................................................................ 34 Mar. 23—Trimpler W. F., granted Class "B" beer permit .................. gg " 30—The Maccabees, requesting permission for the holding of a carnival on the City property west of Du- buque Athletic Field ............. 03 April 3—The Daughters of Union Veterans of the Civil War, Mary Asgard Tent, requesting permission to hold " 3—Telegraph-Herald, tagday..................................................................... appointed official newspaper 107 May 1—Thompson " .................. F. W., granted Class "C" beer permit............ 108 127128 16—Trimpler W. F., transfer of address of Class "B" beer June 5—Taxi permit ............ ..... ................................................. Cab Drivers, requesting the City Council to take 146-152 some action on the Taxi Cab Ordinance which would benefit the drivers and also the companies 156 22—The Dubuque Club, granted cigarette permit ...................... 175 22—Thompson ' 22—Triangle F. W., granted cigarette permit .................... Cafe, granted cigarette permit 175 June 22—Trapp, " ............................ Arthur J., granted cigarette permit ........................ 175 176 22—The Great Atlantic and Pacific Tea Co., granted cigar- 22—The " 30—Tavern ette permit ...................... . ......................................... American Legion, granted Class permit it 175 176 177 Keepers' Assn.,request ngthe C until o do something about the abuse of the Class "C" beer licenses ........ ........... "t"""""" American Legion, granted Interstate Cmpany,granedcigarettepmit........ 18430—The 30—The " Service Club, granted cigarette permit 193 ...................... 30—The Service Club, granted Class "B" beer permit............ " 193 30—The Dubuque Club, granted Class "B" permit .............. Aug. 7—Tax levies for the 1939 194-195 194-195 year ........................... 7—Trimpler W. F., transfer of address of Class "B" 217 Permit.........................beer ....a .. ... � """' William,Class "B"beerpermit.......... Volunteers 2277—Tharp 22730—The " of America requesting permission to hold a Red Heart tag sale .............................................. 30—Thul Della C., cancellation of 1938 taxes ....................... Sept. 5—Tenenbom Super -Market, Inc., 232 232-259 renewal of Class --Cl, beer Permit.......................................................... ,> 15—Tschirgi Edward M., accountant, Water Dept., bond of " 15—Theisen Leo N., 250-274258 Nov. 6—The granted cigarette permit .......................... Salvation Army, requesting 266 " permission for the hold- ing of a tag day .................... 6—Theis, . Mrs. Anna, requesting the removal of the289 alties on the special assessments levied against t he East 100 feet of the East 200 feet of Lot 17 of Sisters' Addition ............................................................... 290-310 INDEX—Book 69 1939 SUBJXCT Page T .Tan. 30—Universal Car & Tractor Company, sign policy ............ 19 May 22—United States Flag Association, requesting that the Mayor appoint. a Mayor's Flag Week Committee and also that the Mayor issue a Flag Week Procla- mation................................................................................... 154 June 5—Uppinghouse A. R. and Philomina, granted Class "B" beer permit_ _. _ ............. ........................................ . 160-161 " 22—United Cigar, granted cigarette permit _ .... I ........ 175 " 22—Uppinghouse A. R., granted cigarette permit .............. 175 July 20=University of Dubuque, requesting vacation of the entire alley north of Grace Street and connecting Algona and Auburn Streets in the rear of Lots 28 to 34 inclusive, also the vacation of the alley connecting the above mentioned alley and lying in the rear of Lots 35 to 38, and also the vacation of that por- tion of the alley north of Lot 7, all in Reche's Sub... 206 Nov. 6—University of Dubuque, requesting the City Council to give serious consideration to the rerouting of bus service which now travels on Algona Street from Delhi Street to Bennett Street ......... ....... ........... ..... 290 I NDEX—Book 69 N Feb. 27—Van " Vors Mrs. Mary, notice of claim .................................. 33-286 27—Van Driel Isabelle, City of Dubuque and Dubuque County Treasurer, notice of condemnation by Iowa State Highway Commission of Lots 42 and 43 in Babcock's Addition Mar. 16—Veterans ..................... . . of Foreign Wars, requesting permission to 34.................................... April 12—Vandercook hold "Buddy Poppy" sale on May 20, 1939 ................ H. A. and Jos. M. Zehentner, granted Class "B" 66 beer permit .................... June 5—Veterans of Foreign Wars, requesting for 120 the holding of a carnival n the City y property ad- joining the Base Ball Park 22—Van ....................... der Meulen Wm. F., granted Class "B'" beer beer e � per- 165 Ju " 22—Vogelsberg ly 20—Van mit .................................................. ......................... Albert J., granted Class "B" beer permit.... der Meulen Wm., 176-177 176-177 " 20—Voelker granted cigarette permit............ Realty Company, ordered to connect Lot 221 207 of Woodlawn Park Add. with the sanitary sewer.... 213-230 INDEX—Book 69 1939 SUBJECT Page ,QA - Jan. 3—Water Works Improvements, construction of a new Planning and Zoning Commission ................................ 145 22—Water Works Improvements, new deep well, the con- tract price of C. W. Varner decreased in the sumof $204.60.... ... ..... .... ... . ... ..... ................... 150 22—Water Works General Fund, the amount of $7,500.00 appropriated from said fund for the purpose of 1,000,000 gallon reservoir .............................................. 2 " 3—Water Works Improvements, installation of a new high lift pumping unit at Eagle Point Station................ ........................................ 3-4-8-12-13-17-64-65-108-113-114-115-234-235 " 3—Water Works Improvements, construction of a new building at Eagle Point Station .................................... 4-8-13-17-20-28-119-150-177-192-225 " 3—Water Works Improvements, installation of plumbing and heating at Eagle Point Station. .5-8-13-14-17-21-28-29-118-226 " 3—Water Works Improvements, installation of all electrical work at Eagle Point Station..................5-6-8-13-14-17-21-22-29-226 " 30—Weimer J. H., submitting application for reappointment as a member of Board of Review ................................ 18 " 30—Walker Shoe Company, sign policy .................................... 19 " 30—Wilberding Henry, sign policy .............................................. 19 " 30—Water Works Improvements, appropriating the sum of $12,500.00 from the Water Works General Fund for the purpose of financing the construction of same........................................................................................ 19 Feb. 27—Wolfe Rev. J. M., reappointed as a member of the Board of Zoning Adjustment .......................................... 38 " 27—Wright Esther and Roy A. Wright, granted Class "B" beerpermit.......................................................................... 39 " 27—Water Works Improvements, P. W. A. Project 1684-F, revised estimate on the finances and breakdown on certain items.............................................................. 39-88 Mar. 6—Wortley John, claim denied .................................................... 46 " 23—White Roland, requesting the Council to go on record favoring the adoption of legislation by the State Legislature in order that the City of Dubuque might qualify for federal aid in slum clearance and low- cost housing construction .............................................. 84 " 23—Water Works Improvements, change in contract price of C. W. Varner for Deep Well ...................................... 87-88 " 30—Wilson Mrs. Martha, suspension of 1938 taxes .............. 103-249 " 30—Willy Ulrich, contractor, requesting permission to do blasting in the excavating and clearing at the BryantSchool.................................................................... 103 April 3—Weimer John H., appointed as a member of Board of Review.................................................................................. 108 " 3—Wersinger John B., requesting a free license to peddle fruit and vegetables.......................................................... 110-127 " 12—Wieser John and Mrs. Charlotte S. Shambaugh, City Manager's recommendation on their petition for the vacation of the alley abutting Lot 2 of 12 and Lot 2 of 2 of Lots 19, 20 and 21 Stewart's Sub ................. 121-189 May 1—Warren Dell and Ralph, granted Class "B" beer permit 127 " 4—Water Works Improvements, furnishing of a Deep Well Turbine Pump .... ................................................................ 133-137-148 " 4—Water Works Improvements, installation of Supply Main from No. 7 Well House to No. 5 Well Piping ............ .................................................................... 133-134-137-138-148-149-159 " 4—Water Works Improvements, construction of a Well House ........... .................................... ........ 133-134-135-137-138-149-150 " 16—Wolfe Monsignor J. M., reappointed as a member of the Planning and Zoning Commission ................................ 145 22—Water Works Improvements, new deep well, the con- tract price of C. W. Varner decreased in the sumof $204.60.... ... ..... .... ... . ... ..... ................... 150 22—Water Works General Fund, the amount of $7,500.00 appropriated from said fund for the purpose of INDEX—Book 69 1939 SUBJECT Page ,AA financing the construction of Water Works im- provements.......................................................................... 150-151 June 5 --Water Works Improvements, furnishing of a Deep Well Turbine Pump ....................................................161 -165-166-191.235 " 5—Water Works Improvements, construction of a Well House .................................... ....... ............. 162465-166-167-192-235.236 " 5—Water Works Improvements, Federal Emergency Ad- ministration of Public Works requested to increase the Grant on P. W. A. Docket Iowa 1684-F from $67,500.00 to $74,900.00 .................... ........................ 163-224-231-233 " 22—Warranty Deeds of C. P. Lagen and Eugenie Lagen, Louis J. Lagen and Administrator's Deed of M. H. Czizek for Joseph T. Lagen, Deceased, together with Abstract of Title, conveying the South Middle 32 feet of City Lot 658 to the City of Dubuque for use of Carnegie -Stout Public Library ........................ 167 " 22—White Frank, condemnation proceedings on buildings located on City Lot 556 .................................................... " 172 22—Wiedner S. and C. J. Jungwirth, condemnation proceed- ings on buildings located on Lot 9 Union Add. ............. .... :........................... ................ ............ .. 173-246-262-269-279-292 " 22—Wragg Thos. A., granted cigarette permit ....................... " 22—Weber Mrs. Cecelia, granted cigarette permit " 175 175 ................ 22—Wodrich Wm. E., granted cigarette permit ................. " 22—Walgreen Drug Co., granted cigarette 175 permit ................ " 22—Wagner Wm., granted cigarette permit ............................ " 22—Weber Frank J., granted cigarette permit 175 175 ............................ " 22—Wallig Wm. Carl, granted Class "B" beer permit........ " 175 176-177 22—Wright Louis A. and Augusta, granted Class 'B" beer „ Permit ................. .......... 22—Weber Frank J. and Tillie, s 1 • granted Class " "B " beer 176-177 permit......................................... ................. " 22—Weber Mrs. Cecelia and Nick, granted Class "B" 176-177 permit beer ......................................... ............................ . 22 .......... —Wragg Thomas A., „ granted Class "B" beer permit.... 30—Wille Mrs. F. 176-177 176-177 X., granted cigarette Permit .................... " 30—Warren Dell and Ralph, P 193 granted cigarette permit.... " 30—Wright Roy A., " tanded C1Annate permit 193 30—Wodrich William ...................B" beer permit granted Class "B" 193 July 5—Welter Mrs. Louis et al, requesting that the smoke nuis- 194 ance caused by the Iowa Dairy Company be abated and also that they be prohibited from blowing flues in ning " 20—WaterWorks Improvir ................... ements emn tsnifixing rates for 198-222 wages of Plumber helper and brick layer apprentice on said improvements ..... I ... I ................ . ................ Aug. 7—Western Grocery Company 207 forcing of all ordinances with respect t�to the e 7—Weber Mrs. Catherine, edd 21S requesting that the penalti sllng on the special assessments levied against Lot 1 of Quigley's Sub. of Out Lot 711 for the paving of Pierce Street be waived ..................... 7—Weiner Joseph J., granted cigarette permit ..................... 7—Weiner Joseph J. 219 and Evelyn, granted Class "B" beer „ Permit..........................................an 226 7—Wieters A H., Director, Division of Public Health En- gineering, State Department of Health, submitting a copy of letter received from Mrs. Theo. Kale complaining about outside closet on of Leo Houpesthe premises ............................................. 230-252 P* M INDEX—Book 69 1939 SUBJECT Page ,� " 30—Water Works Improvements, fixing rates for wages of electrician apprentices on said improvement............ 234 " 30—Wragg Thos., revocation of Class "B" beer permit.... 236-237 Sept. 5—Weitz Alois O. and Nellie M., granted Class "B" beer permit.................................................................................... 250 Oct. 2—Wragg Thomas A., requesting refund on cigarette permit 272 Nov. 6—Wallis J. H., by J. Allen Wallis, Tr., requesting a refund in penalties paid on the redemption of tax certifi- cates on Lot 7 of McClain's Sub. and on Lot 1 of 1 of 1 of 1 of 16 of McClain's Sub. and Lot 2 of 2 of 1 of Min. Lot 150 .............................................. 290-311-312 " 6=Water Works Improvements and Demolition of Old Building, P. W. A. Docket Iowa 1684-F, recom- mendation of City Manager and Water Superin- tendent, also of Consoer, Townsend and Quinlan, Consulting Engineers, that the City Council accept and approve the completion of P. W. A. Docket Iowa 1684-F, also resolution accepting the same on behalf of the City of Dubuque ............ ...................... 294-295-296-297 " 6—Weis Paul V., claim for personal injuries ........................ 300 " 27—Waldorf Mrs. G., suspension of 1938 taxes ........................ 303-313 " 27—Water Works General Fund, resolution and application for authority to transfer the sum of $20,000.00 from said fund to the Improvement Fund ..........................305-307-308 Dec. 4—Weber Ruben J., granted Class "B" beer permit............ 312-313 " 19—Whelan J. Edward, submitting application for appoint- ment to the vacant position of City Solicitor............ 318 INDEX—Book 69 1939 SUBJECT page Y Oct. 6—Yellow Cab Company, taxicab policy.. 281 IN DEX—Book 69 1.939 SUBJECT Page Z Jan. 3—Zillig Peter, granted Class "B" beer permit .................... 3 Mar. 30—Zillig Mrs. Emma, requesting a refund on the cigarette permit issued to her husband Peter F. Zillig, de- ceased................................................................................... 103 April 3—Zillig Mrs. Emma, granted cigarette permit ................ 111 June 22—Zelens Bert, granted cigarette permit ................................ 175 11 30—Zillig Mrs. Emma, granted cigarette permit. .......... ...... 193 Sept. b—Zemanek Mrs. Frank, claim for damages caused in the removal of a tree by the City ................................ 240-273 lar Session, January 2nd, 1939. 1 City Council (official.) Regular Session, January 2, 1939. No members of the Council being present on roll call the meeting was postponed subject to call. J. J. SHEA, City DD Clerk. Approved _ ��tfisr. 1939. Adopted- 1939. Council . -- ___-- - �- --- .Attest: - - - ---- Pity Clerk. Adjourned Regular Session, January 3rd, 1939. Cit Heating and Plumbing for Building __________ 7,000.011 yCouncil Preliminary, band, Engi- (Official) veering------------------ 8,500.00 Adjourned Regular Session, January Legal, Overhead, etc -------- 500.0() 3rd, 1939. Available for Contingencies__ 3,593,00 Council met at 7:55 P. M. Funds Available— Present—Mayor Clark, Councilmen Government Grant_$67,500.00 Murphy, Thompson, Van Duelman, Applicant's Funds__ 82,500.00 Wharton, City Manager Rhomberg. Mayor Clark stated that this meeting is $150,000.00 an adjourned meeting of the regular $150,000•(10 meeting of January 2nd, 1939, for the Now, Therefore, Be It Resolved, purpose of acting upon such business by the Citv Council, of the City and as may properly come before a regular County of Dubuque, and State of Iowa: meeting of the City Council. That the contract for Rcserv()ir, ,is Petition of K-M Construction Com- Contract No. 2 in the amount of pany requesting permission to use pow- 538,365.00 he awarded to Anton Z%N-a -(;, der for the excavation work at the Brv- Inc., and that in accordance with the ant and Marshall Schools, presented contractor's proposal, for changes ill and read. Councilman Van Duelman the work, either additions or dedur- moved that the request be granted with tions, the following unit prices will the provision that a blasting bond in apply: the amount of $5,000.00 be furnished to Earth excavation -------- 75c per cu. vd. cover all liability for said blasting. Sec- Floor concrete against onded by Councilman Murphy. Car- ried by the following vote: Peas— ground ------------- 12.00 per cu. vd. 'v Mayor Clark, Councilmen Murphy, Formed concrete __ 22.00 per cu. d. Provided, however, that this Thompson, Van Duelman, Wharton. Nays—None. award shall not be effective until the Anton Petition of Albert Fluckiger et al Zwack, Inc, shall have been notified in requesting that Central Avenue be- writing by the City Manager, of such award. twecn 4th and 5th Street be included in the new parking regulations, presented Be It Further Resolved, that this and read. Councilman Murphy moved resolution being deemed urgent and of that the request be granted and the immediate necessity becomes effective from City Solicitor be instructed to incor- and after its final passage and porate said request in the ordinance now being adoption by the City Council. Approved and placed on file for prepared. Seconded hv Councilman Thompson. Carried by the one week on December 38. following vote: Yeas—Mayor Clark, dth, s Passed and adopted this 3rd day to Conucilmen Murphy, Thompson, Van January, 1939. Duelman, Wharton. Nays—None. CARL A. CLARK, 'Mayor. Resolution No. 134-38. FRANK VA\ DI'l, L\IAN, ALBERT WHARTON, Be It Resolved, by the City Council, of the City of Dubuque, Iowa: CEO. R. %[LTRPHY, Whereas, the City of Dubuque, of F. W. THOMPSON, Councilmen. the County of Dubuque, and State of Iowa, pursuant to an Attest: J. J. SHEA, advertisement for bids on the construction of the pro- City Clerk. Councilman Van Duelman the Posed reservoir herebefore published on the 6th and 13th days moved adoption of the resolution. Seconded by of December, 1938, did on the 22nd day Councilman Wharton. Carried I)\- of December, 1938, at Ten O'Clock A. M. at the Citv the following vote: Yeas—Mayor Clark, Councilmen Clerk's office in the City Hall, in Du- buque, Iowa, receive bids for Murphy, Thonip- son, Van Duelman, Wharton. Nays None. the con- struction of a reservoir, which said bids were taken tinder advisement by Resolution No. 1-39. City Council. the Be It Resolved, by the City Council Whereas, the base bid of Anton Zwack, Inc, for general of the City of Dubuque that the fol- lowing, having complied the work is the lowest bid submitted by any responsible bidder; and with pro- of law relating to the sale of cigarettes whereas a present estimate of project costs is: within the City of Dubuque• be granted a permit to sell cigarettes GENERAL WORK: Contract No. 2— and cigarette papers within said Cit% and the Manager is directed to issur Reservoir Complete_____$38365.00 (Bid of Anton Zwack, such permit on behalf of said City: Name Inc. 12-22-38 Contract No. 1— ) Address The Great Atlantic & Pacific Tea Co. Deep Well _____ Pumps ---------- 17,542.00 ----N. E Corner 13th & Iowa Streets Be It --- ------_---- General for Buildin - 19'000'00 g---_ 55,500.00 Further Resolved, that the bond filed with the application be ap proved. 0 Adjourned Regular Session, January 3rd, 1939. 3 Passed, adopted and approved this J. L. Spielman -1601 Rhomberg Avenue 3rd day of January, 1939. Carl J. Pinger and C. W. Petry CARL A. CLARK, Mayor. (The Rex) ---127 West Sixth Street FRANK VAN DUELMAN, Be It Further Resolved, that the ALBERT WHARTON, bonds filed by such applicants be and GEO. R. MURPHY, the same are hereby approved. F. W. THOMPSON, Passed, adopted and approved this Councilmen. 3rd day of January, 1939. Attest: J. J. SHEA, CARL A. CLARK, Mayor. City Clerk. FRANK VAN DUELMAN, Councilman Murphy moved the adop- ALBERT WHARTON, tion of the resolution. Seconded by GEO. R. MURPHY, Councilman Thompson. Carried by F. W. THOMPSON, the following vote: Yeas—Mayor Councilmen. Clark, Councilmen Murphy, Thompson, Attest: J. J. SHEA, City Clerk. Van Duelman, Wharton. Nays—None. Councilman Van Duelman moved the Resolution No. 2-39. adoption of the resolution. Seconded Whereas, applications for Class "B" by Councilman Wharton. Carried by Beer Permits have been submitted to the following vote: Yeas—Manor this Council for approval and the same Clark. Councilmen Murphy, Thompson, have been examined: Now, Therefore, Van Duelman, Wharton. Nays—None. Be It Resolved, by the Council of the Resolution No. 4-39. Preliminary ap- City of Dubuque that the following proval of plans, specifications, form of applications be and the same are here- contract and cost of improvement, and by approved and it is ordered that the all other documents for the installation premises to be occupied by such appli- of a New High Lift Pumping Unit at cants shall be forthwith inspected. Eagle Point Station, presented and read. Councilman Murphy moved the Class "B" Permit adoption of the resolution. Seconded Name Address by Councilman Van Duelman. Car - Peter Zillig------- 2222 Central Avenue ried by the following vote: Yeas— Canfield Hotel --- 4th & Central Avenue Mayor Clark, Councilmen Murphy, J. L. Spielman__601 Rhomberg Avenue Thompson, Van Duelman, Wharton. Carl J. Pinger and C. W. Petry Nays—None. (The Rex) --- 127 West Sixth Street Resolution No. 5-39. Passed, adopted and approved this Whereas, the City Council of the 3rd day of January, 1939. Citv of Dubuque, Iowa, has by resolu- CARL A. CLARK, Mayor. FRANK VAN DUELMAN, tion No. 4-39 given its preliminary ap- ALBERT WHARTON, on the proposed plans, specifica- Pons GEO. R. MURPHY, tions and form of contract, and esti- mated cost of improvement, and placed F. W. THOMPSON, same on file in the office of the City Councilmen. Clerk for public inspection, for the in - Attest: J. J. SHEA, stallation of a New High Lift Pumping City Clerk. Councilman Van Duelman moved the Unit at Eagle Point Pumping Station. Be It Therefore Resolved, that on the adoption of the resolution. Seconded 16th day of January, 1939, a Public by Councilman Murphy. Carried by Hearing will be held at 7:30 o'clock the following vote: Yeas—Mayor P.M. in the Council Chamber in the Clark, Councilmen Murphy, Thomp- City of Dubuque, at which time the son, Van Duelman, Wharton. Nays— taxpayers may appear and make ob- None. jection to the proposed plans and spe- Resolution No. 3-39. cifications and proposed form of con - Whereas, heretofore applications were tract, to the cost of the improvement, filed by the within named applicants and the City Clerk be and he is hereby for Class "B" Beer Permits and they directed to cause a notice of the time received the approval of this Council; and place of such hearing to be pub - and lished 10 days before said hearing in Whereas, the premises to be occupied official newspaper published in the City by them have been inspected and found of Dubuque, at which hearing the to comply with the ordinances of this have filed bond: Council will hear any objections and enter on record its final decision there - City and they a proper Now, Therefore, Be It Resolved, by the Council of on. Passed, adopted and approved this the City of Dubuque that the Manager 3rd day of January, 1939. CARL A. CLARK, Mayor. be and he is hereby directed to issue to Beer FRANK VAN DUELMAN, the following named persons a ALBERT WHARTON, Permit. Class "B" Permit GEO. R. MURPHY, F. W. THOMPSON, Name .Address Peter Zilli 2222 Central Avenue g------- Councilmen. SHEA, Cit Clerk. Attest: J. J. Y Canfield Hotel__4th &Central Avenue 4 Adjourned Regular Session, January 3rd, 1939. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, rhomp- smi, Van Duelman, Wharton. Nays— None. Resolution No. 6-39. Be It Resolved by the City Council of the City of Dubuque, that pursuant to a resolution No. 4-39, which was duly passed by this Council for the Installation of a New High Lift Pump- ing Unit at Eagle Point Station. Be, and the same are hereby ordered constructed by this Council upon , its own motion and with or without the petition of property owners. All the work shall be constructed in accord- ance with the plans and specifications heretobefore adopted and now on file ill the office of the City Clerk. Be It Further Resolved, that the cost and expense of the said improvement be paid for by 45% PWA Grant and balance from City Water Department Funds. Be It Further Resolved, that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the construction of the various im- provements herein provided for in the manner provided by law, the said im- provements shall be completed within 180 consecutive calendar days, from the date of commencement, which shall be specified in a written order by the City Manager. Be It Further Resolved, that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 3rd day of January, 1939. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON, Attest: J. J. SHEA Councilmen. City Clerk. Councilman Van adoption Duelman of the resollut on.Se and dthe Councilman Wharton. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 7-39, Preliminary approval of plans, specifications, form of contract and cost of improvement, and all other documents for the con- struction of a New Building at Eagle Point Station, presented and read. Councilman Murphy moved the adop- tion of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Clark, Councilmen \lurphy, Thw! Duelman, Wharton. Nays \, Resolution No. 8-39. Whereas, the City Council of the Cit, of Dubuque, Iowa, has by resolutiuii No. 7-39, given its preliminary apprt,N•- al on the proposed plans, specificaticm, and form of contract, and estiniated cost of improvement, and placed sante on file in the office of the Cite Clerk for public inspection, for the construc- tion of a New Building at 1?agle Point Station. Be It Therefore Resolved, that on the 16th day of January, 1939, a 1'ublir Hearing will be held at 7:30 o'cl„ck P. M. in the Council Chamber in the Citv of Dubuque, at which time the taxpayers may appear and make ob- jection to the proposed plans and speci- fications and proposed form of cu ,- tract, to the cost of the improvement, and the Cit% Clerk he and he is herebc directed to cause a notice of the time and place of such hearing to be pub- lished 10 clays before .said hearing in official newspaper published in the Cit, of Dubuque, at which hearing the Council will hear ally objections all([ enter on record its final decision there- on. Passed, adopted and approved thi, 3rd day of Januar%, 1939. CARL A. CLARK, Mayor. FRANK VAN DUEI,�I:\N, ALBERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON, Attest: J. J. SHEA, Councilmen. City Clerk. Councilman Van Duelman moved the adoption of the ordinance. Sec- onded by Councilman Wharton. Car- ried by the following vote: Yeas— Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 9-39. Be It Resolved by the City of Du- buque, that pursuant to a Resolution No. 7-39, which was duly passed by this Council for the Construction of a NewBuilding at Eagle Point Station: Be, and the same are hereby ordered constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications here- tofore adopted and now on file in the office of the City Clerk. Be It Further Resolved, that the cost and expense of the said Improvements be paid for by 45% PWA Grant and balance from City Water Deparment Funds. Be It Further Resolved, that the Cite Clerk be and he is hereby ordered and directed to advertise for proposals for Adjourned Regular Session, January 3rd, 1939. S the construction of the various im- provements herein provided for in the manner provided by law, the said im- provements shall be completed within 200 consecutive calendar days from the date of commencement, which shall be specified in a written order by the City Manager. Be It Further Resolved, that this resolution. being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 3rd day of January, 1939. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT 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 Thompson. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 10-39. Preliminary approval of plans, specifications, form of contract and cost of improvement, and all other documents for the in- stallation of Plumbing and Heating in Eagle Point Station, presented and read. Councilman Murphy moved the adoption of the resolution. Seconded by Councilman Thompson. Carried by the follo,,ving vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Vail Duelman, Wharton. Nays—None. Resolution No. 11-39. Whereas, the City Council of the City of Dubuque, Iowa, has by Reso- lution No. 10-39, given its preliminary approval on the proposed plans, speci- fications and form of contract, and esti- mated cost of improvement, and placed same on file in the office of the City Clerk for public inspection, for Installa- tion of Plumbing and Heating in Eagle Point Station. Be It Therefore Resolved, that on the 16th day of January, 1939, a Public hearing will be held at 7:30 o'clock P. M. in the Council Chamber in the City of Dubuque, at which time the tax -payers may appear and make ob- jection to the proposed plans and speci- fications and proposed form of con- tract, to the cost of the improvement, and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be pub- lished 10 days before said hearing in official newspaper published in the City of Dubuque, at which hearing the Council will hear any objections and enter on record its final decision there- on. Passed, adopted and approved this 3rd day of January, 1939. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON, Attest: J. J. SHEA, Councilmen. City Clerk. Councilman Thompson moved the adoption of the resolution. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 12-39. Be It Resolved by the City Council of the City of Dubuque, that pursuant to a Resolution No. 10-39, which was duly passed by this Council for the In- stallation of Plumbing and Heating in Eagle Point Station. Be, and the same are hereby ordered constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications here- tofore adopted and now on file in the office of the City Clerk. Be It Further Resolved, that the cost and expense of the said improvements be paid for by 45% PWA Grant and balance from City Water Department Funds. Be It Further Resolved, that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the construction of the various inn- provements herein provided for in the manner provided by law, the said im- provements shall be completed within 200 consecutive calendar days from the (late of commencement, which shall be specified in a written order by the City Manager. Be It Further Resolved, that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 3rd day of January, 1939. CARI, A. CLARK, Mayor. FRAN1,� V.AN DUELMAN, ALBERT WHARTON, GEO. R. %f 1_'RPHY, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman if urphy moved the adop- tion of the r(—olution. Seconded by Councilman \Vhart,,n. Carried by the following vot, : )'eas—:Mayor Clark Councilmen 'Murphy, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 13-39. Preliminary approval of plan,, >pecifications, form of contract and cost of improvement, 6 Adjourned Regular Session, January 3rd, 1939. and all other documents for the install" ation of all Electrical Work at Eagle Point Station, presented and read Councilman Murphy moved, the adop- tion of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 14-39 Whereas, the City Council of the City of Dubuque, Iowa, has by reso- lution No. 13-39, given its preliminary approval on the proposed plans, speci- fications and form of contract, and estimated cost of improvement, and placed same on file in the office of the City Clerk for public inspection, for in- stallation of all Electrical Work, at Eagle Point Station, Be It Therefore Resolved, that on the 16th day of January, 1939, a public hearing will be held at 7:30 o'clock P. M. in the Council Chamber in the City of Dubuque, at which time the taxpayers may appear and make ob- jection to the proposed plans and spe- cifications and proposed form of con- tract, to the cost of the improvement, and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be pub- lished 10 days before said hearing in official newspaper published in the City of Dubuque, at which hearing the Council will hear any objections and enter on record its final decision there- on. Passed, adopted and approved this 3rd day of January, 1939. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON, Attest: J. J. SHEA, Councilmen. City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. l Be It Resolved by the City Council of the City of Dubuque, that pursuant to a Resolution No. 13-39, which was duly passed by this Council for the in- stallatioP of •ill Electrical Work at Eagle Point Station. Be, and the s ne are hereby ordered x,011 �fucted bhis Council upon its 3 tl4vnl► motion and with or without the Petition of property owners. All the work shall be constructed in accordance with the Plans and specifications here- tofore adopted and now on file in the office of the City Clerk. Be It Further Resolved, that the cost and expense of the said improve- ments be paid for by 45% PEVA Grant and balance from City Water Depart. ment Funds. Be It Further Resolved, that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the construction of the various im- provements herein provided for in the manner provided by law, the said im- provements shall be completed within 200 consecutive days from the date of commencement, which shall be speci- fied in a written order by the City Manager. Be It Further Resolved, that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 3rd day of January, 1939. CARL A. CLARK, FRANK VAN ALBERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman :Murphy. Car- ried by the following vote: Yea.— Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. January 3, 1939. To the'Honorable Mayor and Citv Council, Dubuque, Iowa. Gentlemen: At a regular meeting held December 1, 1933, the Dubuque Planning and Zoning Commission voted unaninuntsh to recommend to your honorable body approval of the plan submitted to the Planning and Zoning Cotnwi:�iwn h the special committee con�i,tin-� i Messrs. Rhomberg, Nelson and 11 vv ic, appointed on November 4th by Nlayor Clark and instructed at that time to work out with the Iowa Highway" De- partment details involved in proposed relocation of U. S. Highway No 20 ca- tering the city from the we -St. Attached plat shows proposed and approved lo- cation of No. 20 together with neces- sary ramps and approaches. Respectfully submitted, R. V. McKAY, Secretary, Planning and Zoning Commission, By H. H. HONVIF. Councilman Murphy moved that the recommendation of the Planning and Zoning Commission be made a matter of record. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Clark. Council- men Alnrphy, Thompson, Van Duel - man, Wharton. Nays—None. Resolution No. 16-39. Form No. 662 County—Duhmlm 12-23-35. Proj. No. F. A.0';_I n Consenting to and approving plas Adjourned Regular Session, January 3rd, 1939. 7 for the Improvement of the Exten- sion of Primary Road within Dubuque. Whereas, the Iowa State Highway Commission proposes to improve by Paving the extension of Primary Road No. U. S. 20 within the City of Du- buque, in accordance with plans here- tofore filed in the office of the Clerk of said City of Dubuque as follows: U. S. 20 from the west corporation Sta. 1328+45.5 to Sta. 1365+25.0, a dis- tance of 0.699 miles; and Whereas, the City has informed itself as to said improvement and has exam- ined said plans therefor; Now, There- fore, Be It Resolved by the City of Du- buque: 1. That the said City of Dubuque hereby consents to the proposed im- provement of the extension of Primary Road No. U. S. 20 within the City of Dubuque, and 2. That the plans for said proposed improvement as now on file in the of- fice of the Clerk of said City are hereby approved, and, 3. That said City will take such legal steps and prosecute to a conclu- sion such legal action and/or proceed- ings as are now or may hereafter be re- quired. a. To legally establish grade lines of said designated Street in accordance with and as shown by the plans of said contemplated improvement here- inbefore approved. (b) To prevent encroachment upon streets, highways and public grounds of said city upon which said primary road extension is now or may here- after be located. (c) To prevent erection of obstruc- tions in said street, highways and public places. (d) To remove or cause to be re- moved obstructions erected therein. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MLTRPHY. F. W. THOMPSON, Members of the Council of Dubuque, Iowa. Attest: J. J. SHEA, City Clerk. Passed this 3rd day of January, 1939. J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Thompson Carried by the following vote: Yeas—Mavor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Councilman Van Duelman moved that the rules be suspended for the pur- pose of allowing anyone present in the Council Chamber, who ,vishes to do so, to address the Council. Seconded b} Councilman Murphy. Carried by the following vote: Yeas—flavor Cl -irk, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Ordinance No. 1-39. An Ordinance amending Ordinance No. 10-37 entitled: "An ordinance regulating the use of ve- hicles upon the streets of the City of Dubuque; designating the provisions hereof as the 'Traffic Code' of said city; repealing all ordinances or parts of ordinances in conflict herewith; and providing a penalty for violation here- of;" by repealing Rule 43 of Sub -title V, and Rule 101, Rule 103, Rule 104, and Rule 108 of Sub -title XIV of Para- graph 609, Section 3 of said ordinance and enacting substitutes therefor and in lieu thereof, and by amending said Or- dinance 10-37 by the insertion in and addition to said ordinance of Paragraph 609a, Section 3a, providing for the re- moval from streets and alleys and the custody of vehicles found in violation of any State Law or City Ordinance, presented and read. Councilman Thompson moved that the reading just had be considered the first reading of the ordinance. Seconded by Council- man Murphy. Carried by the fbllowing vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Councilman Murphy moved that the rules be sus- pended requiring an ordinance to be read on three separate days. Seconded by Councilman Thompson Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. The ordinance was then read a second time. Councilman Murphy moved that the reading just had be considered the sec- ond reading of the ordinance. Second- ed by Councilman Thompson. Carried I)v the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. There being no further business Councilman Van Duelman moved to adjourn. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. N av s—None. J. J. SHEA, City Clerk. Approved 1939. .\dopted -f� -_ 1939. i i I Councilin------h--- �-li �< Attest: __- - - -- ----- City Clerk. Special Session, January 16th, 1939. that the prayer of their petition be granted. Councilman Van Duelman moved' that the petition be referred to the Planning and Zoning Cottt- mission for their recommendation with a request that they submit a prop_ er amendment to the Zoning Ordinance for Council consideration. Seconded by Councilman Van Duelman. Car- ried by the following vote: Yeas— Mayor Clark, Councilmen \ltirphy Thompson, Van Duelman, Wharton' Nays—None. city Council (Official.) Special Session, January 16th, 1939. Council met at 8:05 P. 11- Present—Mayor Clark, Councilmen Murphy, Thompson, Van Duelmau, Wharton, City Manager Rhomberg. Meeting called by order of Council- men Thompson and Van Duelman. Mayor Clark read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of conducting a hearing on the plans and specification, form of con- tract and cost of improvement for No. 1. Installation of a New High Lift Pumping Unit at Eagle Point Sta- tion. No. 2 Construction of a New Build- ing at Eagle Point Station. No. 3. Installation of Plumbing and Heating at Eagle Point Station. No. 4. Installation of all Electrical Work at Eagle Point Station. Such other business will be transact- ed as may properly come before a regu- lar meeting of the City Council. Councilman Wharton moved that the rules be suspended for the purpose of allowing anyone present in the Council Chamber, who wishes to do so, to ad- dress the Council. Seconded by Coun- cilman Van Duelman. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Mr. Arthur Eichman et al addressed the Council remonstrating against the disturbing noises in the vicinity of Lin- coln and Shiras Avenues caused by ma- chinery being used in the sinking of a deep well for the Water Department and stating that the noises prevent per- sons from sleeping at night and re- questing the City Council to take steps to prevent the equipment from being operated at night. Councilman Thomp- son moved that the matter be referred to the City Manager with instructions to hold a confertce with C. W. Var- ner, contractor, for the purpose of working out a solution for the abate- ment of the noises as complained of by Air. Arthur H. Eichman et al. Sec- onded by Councilman Van Duelman. Carried by the following vote: Yeas— Mayor Clark Councilmen Murphy, Thompson, Van Duelman, Wharton' Nays—None. Petition of Geo. & Emil Bock re- questing permission for the installa- tion of equipment required for a mod- ern Super -Service Station at their pres- ent garage building located at 2231 Cen- tral Avenue, presented and read. Mr. Bock addressed the Council requesting Communication of the Legislative Council of the Iowa State Federation of Labor advising the City Council that they are recommending and asking the abolishntetit of the Class "C" permit as contained in the State Beer Law, presented and read. Councilman Van Duelman moved to refer the conunu;;i- cation to the Citv Council. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Clark. Councilmen Murphy, 'rhonipson, Van Duelman, Wharton. Nays—None Petition of I. C. Chamberlain &tion, by D. C. Chamberlain, requesting that the City Clerk be instructed to execute the attached release on the bwid of Joseph hi. Stroh as Clerk of 1'(llice Court, as he is no longer holding -aid office, presented and read. Councihn:ut Murphy moved that the requt•-t ht granted and that the City Clerk he i:i structed to execute said release on I)t-- half of the City of Dubuque. Seconder( by Councilman Thompson. Carried In the follownig vote: Yeas--NI;n„r Clark, Councilmen Murphy, Tlionip u:, Van Duelman, \Vharton. Nays—N-,m•. Petition of Harry E Miner request- ing the cancellation of the penalttt•, i" the amount of $15.85 on the >pccial sessments levied against Lot 3 of J:�11- sen Sub. No. 2 and Lot 3 of Sub. No. 3 for the improvement of Roosevelt Street, presented and rc:Ld. Councilman Thompson moved that the request be granted and that a warrant in the amount of $15.85 be orderr•,' drawn on the Improvement Fund r cover the amount of penaltie, ttaivell Seconded by Councilman \lurph>'. Car- ried by the following vtote: 1 cct> Mayor Clark, Councilmen \turl,h:. Thompson, Van Duelman, Whart-n. Nays—None. Petition of A. M. Place, Rec•tiver o: The Consolidated National Bank, re- questing that the single family restric- tions on Lots 8, 9, 10 and South 5 feet of Lot 7 all in Block 3, in Grandview Park be removed, presented and read. Councilman Murphy moved to refer the petition to the Planning and Lim" ing Commission for their reconmtentl't- tion and report. Seconded by Cott"'' - man Wharton. Carried by the follow- ing vote: Yeas—Mayor ('.lark, Co""- Special Session, January 16th, 1939. 9 cilmen Murphy, Thompson, Van Duel - man, Wharton Nays—None. Petition of Thor Fisko, Contractor, by Volner Nading, requesting permis- sion to do blasting on the construction of culverts on the new relocated No. 20 Highway, presented and read. Coun- cilman Wharton moved that the request be granted with the provision that a Public Liability Bond in the amount of $5,000.00 be furnished covering said blasting. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None Petition of Marguerite Schetgen, re- ferred to the City Council by the Board of Supervisors, requesting suspension of the 1938 taxes on the South 22 feet of Lot 156 of East Dubuque Addition, presented and read. Councilman Mur- phy moved to refer the petition to the City Solicitor for investigation and re- port. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas—Mayor Clark, Councilmen \lur- phy, Thompson, Van Duelman, Whar- ton. Nays—None. Petition of Geo. Bendel, referred to the City Council by the Board of Su- pervisors, requesting suspension of the 1938 taxes on Lot 1 of 2 and the S. W. of Lot 3 and Lot 6 of Sanford's Sub., presented and read Councilman Murphy moved to refer the petition to the City Solicitor for investigation and report. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None Communication of E. J. Ryan submit- ting his resignation as a member of the . Civil Service Commission, presented and read. Councilman Van Duelman moved that the resignation be accepted with regret. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Clark, Councilmen Mur- phy, Thompson, Van Duelman, Whar- ton. Nays—None. Petition of Wilfred Datisman et at requesting the City Council to exempt from the proposed parking ordinance the areas of Washington Park and Lo- cust and Bluff streets, presented and read. Councilman Wharton moved that the petition be received and filed. Seconded by Councilman Murphy. Car- ried by the following vote: Yeas— Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Ordinance No. 1-39. An Ordinance amending Ordinance No. 10-37 enti- tled: "An ordinance requlating the use of vehicles upon the streets of the City of Dubuque; designating the provisions hereof as the 'Traffic Code' of said City; repealing all ordinances or parts of ordinances in conflict herewith; and providing a penalty for violation here- of;" by repealing Rule 43 of Sub -Title V, and Rule 101, Rule 103, Rule 104, and Rule 108 of Sub -title XIV of Para- graph 609, Section 3, of said Ordinance and enacting substitutes therefor and in lieu thereof, and by amending said Ordinance 10-37 by the insertion in and addition to said Ordinance of Para- graph 609a, Section 3a providing for the removal from streets and alleys and the custody of vehicles found in viola- tion of any State Law or City Ordi- nance, said ordinance having been passed upon first and second readings on January 3rd, 1039, presented and read a third time. ORDINANCE NO. 1-39. An Ordinance amending Ordinance No 10-37 entitled: "An ordinance reg- ulating the use of vehicles upon the streets of the City of Dubuque; desig- nating the provisions hereof as the 'Traffic Code' of said city; repealing all ordinances or parts of ordinances in conflict herewith; and providing a pen- alty for violation hereof;" by repealing Rule 43 of Sub -title V, and Rule 101, Rule 103, Rule 104, and Rule 108 of Sub -title XIV of Paragraph 609, Sec- tion 3, of said Ordinance and enacting substitutes therefor and in lieu there- of, and by amending said Ordinance 10-37 by the insertion in and addition to said Ordinance of Paragraph 609a, Section 3a providing for the removal from streets and alleys and the custody of vehicles found in violation of anv State law or City Ordinance. Be it ordained by the City Council of the City of Dubuque: Paragraph 736, Section 1 That Rule 43 of Sub -title V and Rule 101, Rule 103, Rule 104, and Rule 108 of Sub -title XIV of Paragraph 609, Section 3 of an ordinance entitled "Or- dinance No. 10-37. An ordinance regu- lating the use of vehicles upon the streets of the City of Dubuque; desig- nating the provisions hereof as the 'Traffic Code' of said city; repealing all ordinances or parts of ordinances in conflict herewith; and providing a pen- alty for violation hereof," be, and the same are hereby repealed and the fol- lowing enacted in substitute therefor and in lieu thereof: (a) "Rule (43). In loading and un- loading passengers, buses shall draw up to the curb at the near side of street intersections, excepting that at street intersections upon Main Street from West Fourth Street to West Eleventh Street, both inclusive, buses shall draw up to the curb and stop at the far side of said designated street intersections. Where spaces have been set apart for bus stops or passenger zones, it shall 10 Session, January 16th, 1939. be unlawful, during the hours of bus operation from 6:00 A. M. to midnight, for the operator of any vehicle, other than. a bus, to stand or park in any such officially designated bus stop, ex- cept that the operator of any passenger vehicle may temporarily stop in any such bus stop or space for the purpose of, and while actually engaged in the loading or unloading of passengers." (b) "Rule (101). No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer, or traffic control device, in any of the following places: 1. On a sidewalk; 2. In front of a public or private driveway; 3. Within an intersection; 4. Within five feet of a fire hydrant; 5. On a cross -walk; 6. Within tell feet upon the approach to any flashing beacon, stop sign or traffic control signal located at the side of a street or roadway; 7. Within fifty feet of the nearest rail of a railroad crossing, excepting when parked parallel with such rail and not exhibiting a red light; 8. !Within twenty feet of the drive- way entrance to any fire station, and on the side of a street opposite the en- trance to any fire station," within sev- enty-five feet of said entrance when properly sign posted; 9. Alongside or opposite any street, excavation, or obstruction, when such stopping, standing, or parking would obstruct traffic. 10. On the roadway side of any ve- hicle stopped or parked at the edge or curb of a street; 11. In any public alley within the area bounded on the North by West Twelfth Street, on the West by Bluff Street, on the South by West Fourth Street, and on the East by Central Ave- nue, excepting vehicles stopped or parked for the purpose of taking on or delivering goods or merchandise, or vehicles used by the occupants of prop- erty within the block, and only when such vehicle shall be stopped or parked in the transferring or delivering of goods or merchandise to or from the property so occupied by them; and Stich vehicles shall be stopped or parked therein only when said vehicles shall be next to and as near to the side of the alley as the condition of said alley will permit, and in Stich manner and place as will leave an opening of suffi- cient width to permit the free passage through said alley of other vehicles of ordinary size: 12, Upon any street or in any alley in any part of the City of Dubuque in such a manner or under such conditions as to leave available less than ten feet of the width of the roadway of such street or alley for the free movement of vehicular traffic, excepting when neces- sary in obedience to traffic regulations or traffic signs, or signals of a police officer. 13. At any place where official sign; prohibit stopping or parking." (c) "Rule (103). 1. Except in emer- gency cases to avoid accidents, or to ai- low pedestrians or vehicles to pass, or in obedience to traffic regulations or traffic signs or signals, the operator of a vehicle shall not stop, stand or park such vehicle in a street or roadway other than parallel with the curb or edge of such street or roadway, headed in the direction of traffic, and with the curb -side or right hand wheels of such vehicle within eighteen (18) inches of the curb or edge of said street or road- way, except as provided in the follow- ing two paragraphs: (a) Upon those streets wherein areas have been established, marked or signed for angular parking, vehicles shall he parked at the angle to the curb indi- cated by such marks or signs with the right front wheel of such vehicle resting against the curb and the hods of such vehicle within the outline of ill'(- box hrbox or stall as marked. Vehicles hay- ing a greater length than twenty (20 ) feet, overall, shall not be permitted to park at an angle upon any street. (b) In places where, and at hours when, stopping for the loading or un- loading of merchandise or material is permitted, moving vans or trucks, or other vehicles handling heavy freight. merchandise or materials, shall be per- mitted to back into the curb and park at an angle with the traffic of not more than forty-five (45) degrees, to take on or discharge loads, but permission for such angle parking in areas on arterial highways, and in the business district where angle parking is not otherwise permitted, shall first be obtained from the Chief of Police. Loading and un- loading of merchandise, freight or nta- terials shall not be done from a street in the business district where the same can be done from an alley. 2. The Chief of Police shall, with the approval of the City Manager, de- termine upon what streets angle park- ing shall be permitted, and shall mark or sign such streets or angle parkins areas, or cause the same to be marked or signed. 3. The Chief of Police, with the al,- proval of the City Manager, is hereby authorized to issue to any owner of a vehicle used to transport merchandise, freight or materials a special permit, renewable annually, and to state therein the terms and conditions thereof, al- lowing the operator of such vehicle the Special Session, January 16th, .1939. 11 privilege of loading or unloading while such vehicle is backed against the curb at an angle of forty-five (45) degrees with the traffic, if, in the opinion of the Chief of Police such privilege is reason- ably necessary in the conduct of the owner's business and will not seriously interfere with traffic. Such permit shall either be in the possession of the oper- ator or on the vehicle at said time ve- hicle is backed against the curb or parked at an agle to take on or dis- charge a load, and it shall be unlawful for any owner or operator to violate any of the special terms or conditions of such special permit." (c) "Rule 104. The owner or occu- pant of any property located within the area described in paragraph 11, of Rule 101, wherein parking in a public alley is prohibited, or the owner or occupant of property abutting any other alley with- in the business district, may, upon pro- per application therefor, have estab- lished and marked in the alley abutting said property a "loading space" wherein may be stopped or parked vehicles used solely for the purpose of taking or of delivering goods or merchandise, or ve- hicles used solely by such owner or oc- cupant in transferring or delivering goods or merchandise to or from said property. Said application shall be made to the Chief of Police, who is hereby authorized, with the approval of the 'City Manager, to grant such appli- cation and to determine the size of such "loading space," and designate the loca- tion thereof, and who shall mark or sign such space, or cause the same to be marked or signed. It shall be unlawful for any vehicle to use, occupy or park in such designated "loading space" ex- cepting for the purposes herein speci- fied and designated." (d) "Rule 108. Vehicles shall not be parked between the hours of 9:00 A. M. and 6:00 P. M., Sundays and public holidays excluded, for a longer period of time than hereinafter designated up- on the following named streets: 1. For longer than two hours upon the following streets: (a) Both sides of West Fourth Street from Central Avenue to Bluff Street; (b) Both sides of West Fifth Street from Central Avenue to Bluff Street; (c) The South side of West Sixth Street from Central Avenue to Bluff Street; (d) The North side of West Sixth Street from Central Avenue to Locust Street; (e) Both sides of East Seventh Street from White Street to Central Avenue; (f) The South side of West Seventh Street from Central Avenue to Locust Street; (g) The North side of West Seventh Street from Central Avenue to Bluff Street; (h) Both sides of West Ninth Street from Central Avenue to Bluff Street; (i) Both sides of West Tenth Street from Central Avenue to Bluff Street; (j) The South Side of West Eleventh Street from Central Avenue to Bluff Street; (k) The North side of West Eleventh Street from Iowa Street to Bluff Street; (1) Both sides of West Twelfth Street from Iowa Street to Bluff Street; Provided, that such streets, or por- tions thereof above designated, shall first be marked by proper signs erected at intervals with the words, "Two Hour Parking, 9:00 A. M. to 6:00 P. M." thereon. 2. For longer than one hour upon the following streets: (a) Both sides of Central Avenue from Fourth Street to Eleventh Street and from Thirteenth Street to Eigh- teenth Street; (b) Both sides of Iowa Street from West Fourth Street to West Eleventh Street; (c) Both sides of Main Street from West Fourth Street to West Twelfth Street; (d) The East side of Locust Street from West Fourth Street to \feat Twelfth Street; (e) The West side of Locust Street from West Fourth Street to West Sixth Street, and from West Seventh Street to West Twelfth Street; (f) The East side of Bluff Street from West Fourth Street to West Sixth Street and from West Seventh Street to test Twelfth Street; (g) The West side of Bluff Street from West Fourth Street to West Twelfth Street; (h) Both sides of Eighth Avenue from Central Avenue to Bluff Street; provided, that such streets or portions thereof above designated, shall first be marked by proper signs erected at in- tervals, with the words, "One Hour Parking 9:00 A. M. to 6:00 P. M." thereon. 3. For longer than thirty (30) min- utes between the hours of 7:00 A. M. and 9:00 A. M., or noon and 1:30 P. M. only, upon the following streets: (a) On the West side of Locust Street from 'Vest Sixth Street to West Seventh Street; (b) On the South side of West Sev- enth Street from Locust Street to Bluff Street; (c) On the Fast side of Bluff Street from West Sixth Street to West Sev- enth Street; 12 Special Session, January, 16th, 1939. (d) On the North side of West Sixth Street, from Locust Street to Bluff Street: provided, that such streets or portions thereof above designated shall first be marked by proper signs erected at in- tervals with the words, "One -Half Hour Parking 7:00 A. M. to 9:00 A. M. and noon to 1:30 P. DI, only," thereon. For the purpose of the regulations herein provided, any vehicle moved a distance of not more than one block during the specified and designated parking period, shall be deemed to have remained stationary. Paragraph 737 Section 2 That the ordinance entitled: "Ordi- nance No. 10-37. An ordinance regu- lating the use of vehicles upon the streets of the City of Dubuque: desig- nating the provisions hereof as the `Traffic Code' of said City: repealing all ordinances or parts of ordinances in conflict herewith; and providing a pen- alty for violation hereof" be, and the same is, hereby amended by adding thereto and inserting therein after and following Paragraph 609, Section 3. Paragraph 609A, Section 3A as follows: "Paragraph 609A, Section 3A. Whenever a vehicle is found stopped or parked in violation of any state law or city ordinance, or in such manner as causes a dangerous condition to exist or whenever the owner or operator of a vehicle has failed to report or heed a notice to appear before the proper mag- istrate, any police officer may remove such vehicle from a street or alev to a place of safekeeping. If such vehicle must be serviced or towed, a fee of Two ($2.00) Dollars together with any other necessary expense incurred in such re- moval shall be assessed against the ve- hicle and shal be paid before its release. Paragraph 738 Section 3. 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 3rd day of January, 1939. Passed, adopted and approved upon final reading this 16th day of January, 1939. CARL, A. CLARK, Mayor, FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, Citv Clerk. Published officially in The Tele- graph -Herald newspaper on tile .l8th day of January, 1939. J. J. SHEA, 1-18-1t City Clerk. Councilman Murphy moved the adoption of the ordinance. Seconded by Councilman Thompson. Carried by the following vote: Yeas—\fav(;r Clark, Councilmen 'Murpliv, Tlloz;l,)- son. Van Duelman, Wharton. N:rn•._ None. January 9, 1931. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I herewith submit the report, of ow City Auditor, City 'Treasurer, and Cih Nater Department for the month ,f December, 1938, also a list of claim, and list of payrolls for which warrant, were drawn during the month of I)e- cember, 1938. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Murphy nu1ved that the reports be received and placed on tile. Seconded by Councilnin Thomps(m. Carried by the following vote: Yee'__ Mayor Clark, Councilmen U url')hy, Thompson, Van Duelman, Wharton. Nays—None. January 16, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have approved the following bond and policies and de- sire to have your approval on same for filing: Clerk of the Police Court John A. Brady—Central Surety and Ins. 'Corporation. Excavation Archie LeVan. 2239 Central Avenue— Policy No. CPL, 7437 Western Casu- alty & Surety Company. H. B. McCarten, 231 West 5th Street— Policy No. PL43174 Bituminous Casualty Corporation. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Muprhy moved that the bonds and policies be approved and placed on file. Seconded by Council- man Wharton. Carried by the follow- Ing vote: Yeas—Mayor Clark, Coun- cilmen Murphy, Thompson, Van Duel - man, Wharton, Nays—None. Proof of publication, certified to by the publishers, of the notice of a pub- lic hearing on the plans and specifica- tions, form of contract and cost of im- provements for the installation of a new high lift pumping unit at Eagle Point Station, for the construction of a new Special Session, January 16th, 1939. 13 building at Eagle Point Station, for the installation of plumbing and heating at Eagle Point Station, for the installation of all electrical work at Eagle Point Station, presented and read. Council- man Murphy moved that the proof of publication be received and filed. Sec- onded by Councilman Thompson. Car- ried by the following vote: Yeas— Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 17-39. Whereas, proposed plans and specifi- cations and form of contract for the installation of a New High Lift Pump- ing Unit at Eagle Point Pumping Sta- tion, have been approved by the City Council of the City of Dubuque, and public notice given as provided by Chapter 23 of the Code of Iowa 1935, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifications or contract for cost of such improvements, said time being this 16th day of January, 1939; and Whereas, the City Council met in Special Session this 16th day of Janu- ary, 1939, at 7:30 o'clock P. M. at the Council Chambers in the City Hall for the purpose of hearing all interested parties and considering any and all ob- jections which have been filed to the proposed plans, specifications or con- tract for or cost of the improvement herein described and proposed to be made; and Be It Resolved, by the City Council of the City of Dubuque, that all objec- tions which have been made and filed to the plans, specifications, contract for or cost of said improvement herein de- scribed and proposed to be made, be and the same are hereby overruled and such plans, specifications and form of contract heretofore approved are here- by adopted. Be It Further Resolved, that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifica- tions and form of contract for or cost of said improvement he made a matter of permanent record in connection with said improvement. Passed, adopted and approved this 16th day of January, 1939. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Wharton moved the adoption of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 18-39. Whereas, proposed plan: and specifi- cations and form of contract for the construction of a New Building at Eagle Point Station, have been ap- proved by the City Council of the City of Dubuque, and public notice given as provided by Chapter 23 of the Code of Iowa 1935, pertaining to public con- tracts and bonds, and the time and place fixed for the hearing of all ob- jections to said plans, specifications or contract for cost of such improvements, said time being this 16th day of Janu- ary, 1939; and Whereas, the Citv Council met in Special Session this 16th day of Janu- ary, 1939, at 7:30 o'clock P. M. at the Council Chambers in the City Hall for the purpose of hearing all interested parties and considering any and all ob- jections which have been filed to the proposed plans, specifications or con- tract for or cost of the improvement herein described and proposed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and consid- ered; now, therefore, Be It Resolved by the City Council of the City of Dubuque, that all ob- jections which have been made and filed to the plans, specifications, con- tract for or cost of said improvement herein described and proposed to be made, be and the same are hereby over- ruled and such plans, specifications and form of contract heretofore approved are hereby adopted. Be It Further Resolved, that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifica- tion: and form of contract for or cost of said improvement be made a matter of r,ernnanent record in connection with said improvement. Passed, adapted and approved this 16th day of January, 1939. C_\RI, A. CLARK, Mayor. FR_ANim VAN DUELMAN, .\1.M -'RT WHARTON, C,F-'0. R. MURPHY, F. \W. THOMPSON, Councilmen. Atte,,t: J. J. SHE., City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded I)v Councilman Wharton. Carried by the following vote: Yeas—Mayor 14 Special Session, ,January 16th, 1939, C' Clark, Councilmen Murphy, Thomp- proved by the tLy Council of the City son, Van Duelman, Wharton. Nays— of Dubuque, and public notice given as provided by Chapter 23 of the Code of None. Iowa 1935, pertaining to public con. Resolution No. 19-39, tracts and bonds, and the time and place fixed for the hearing of all ob- jections to said plans, specifications or contract for cost of such improvements, said time being this 16th da}- of Janu- ary, 1939, and \Vhereas, the City Council met in Special Session this 16th day of Janu- ary, 1939, at 7:30 o'clock 1'. M. at the Council -Chambers in the City Hall for the purpose of hearing all intern>tcd parties and considering any and all ob- jections which have been tiled to the proposed plans, specifications or con- tract for or cost of the improvement herein described and proposed to be made; and Be It Resolved, by the City Council of the City of Dubuque, that all ob- jections which have been trade and tiled to the plans, specifications, contract for or cost of said improvement herein de- scribed and proposed to be made, be and the same are hereby overruled and such plans, specifications and form of contract heretofore approved are here- by adopted. Be It Further Resolved, that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifica- tions and form of contract for or 0"t of said improvement be made a matter of permanent record in connection with said improvement. Passed, adopted and approved thi, 16th day of January, 1939. CARL A. CLARK, Mayor. FRANK VAN DUEUMAN, ALBERT WHARTON, GEO. R. Mt-RPHY. F. AV. Tl l ( ) \I PSON, Councilmen. Whereas, proposed plans and specifi- cations and form of contract for the installation of Plumbing and Heating at Eagle Point Station, have been ap- proved by the City Council of the City of Dubuque, and public notice given as provided by Chapter 23 of the Code of Iowa 1935, pertaining to public con- tracts and bonds, and the time and place fixed for the hearing of all ob- jections to said plans, specifications or contract for cost of such improvements, said time being this 16th day of Janu- ary, 1939, and Whereas, the City Council met in Special Session this 16th day of Janu- ary, 1939, at 7:30 o'clock P. M. at the Council Chambers in the City Hall for the purpose of hearing all interested parties and considering any and all ob- jections which have been filed to the proposed plans, specifications or con- tract for or cost of the improvement herein described and proposed to be made; and Be It Resolved, by the City Council of the City of Dubuque, that all objec- tions which have been made and filed to the plans, specifications, contract for or cost of said improvement herein de- scribed and proposed to be made, be, and the same are hereby overruled and such plans, specifications and form of contract heretofore approved are here-- by ere=by adopted. Be It Further Resolved, that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifica- tions and form of contract for or cost of said improvement be made a matter of permanent record in connection with said improvement. Passed, adopted and approved this 16th clay of January, 1939. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CEO. R. MURPHY, F. W. THOMPSON, Attest: J. J. SHEA, Councilmen. City Clerk. Councilman Wharton moved the adoption of the resolution. Seconded by Councilman Van Duelman. Carried be the following vote: Yeas—Mayor Clark, Councilnun Murphy, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 20-39. Whereas, proposed plans and specifi- cations and form of contract for the installation of all electrical work at Eagle Point Station, have been ap- Attest: J. J. SHEA, City Clerk Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Wharton. Carried 11 the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thonui'- son, Van Duelman, Wharton. Na.\ None. Resolution No. 21-39. \Vhereas, applications for Class "B.. Beer Permits have been submitted to this Council for approval and the wine have been examined; Now, Therefore, Be It Resolved, by the Council of the City of Dubuque that the follow'illg application be and the same are hereh> approved and it is ordered that lig_ premises to be occupied by such apl cants shall be forthwith inspected. Special Session, January 16th, 1939. 15 Class "B" Permit. Name Address Roy F. Gau and Louis Anthoine__ _ -119 West 6th Street Mrs. Margaret O'Brien (Transfer of address from 428 West Locust Street) ---------- 212 West 1st Street Passed, adopted and approved this 16th day of Jnuary, 1939. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT 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 Thompson. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson. Van Duelman, Wharton. Nays—None. January 16, 1939. Honorable Mayor and City Council, Dubuque, Iowa. Re: Claim of Leona Kies vs. City of Dubuque Gentlemen: At the last regular Council meeting held on January 3, 1939, your honorable body approved the recommendation made by me relative to the settlement of the above entitled case. In the investigation of this claim and case it was necessary that an examina- tion be made of the claimant in order to determine the permanency of her in- juries, and for that purpose I had her examined by Dr. D. C. Conzett, and an X-ray of her injured ankle taken at St. Joseph's Mercy Hospital. It has been called to my attention that when expenses of this character are incurred, it is necessary before pay- ment that they be approved by your body. I would, therefore, respectfully rec- ommend that the bill of Dr. D. C. Con- zett in the sum of Fifteen ($15) Dollars for examination of Miss Kies and the bill of St. Joseph's Mercy Hospital in the sum of Ten ($10) Dollars for X- ray of her ankle be approved, and war- rants ordered drawn in payment of the same. 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 $15.00 be ordered drawn in favor of Dr, D. C. Conzett as payment of his bill for medical services rendered in the claim of Leona Kies and also that a warrant in the amount of $10.00 be ordered drawn in favor of St. Joseph's Mercy Hospital as pay- ment of their bill for X-ray taken in the claim of Ieona Kies. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 22-38. Be It Resolved by the City Council of the City of Dubuque: 1. That this 'Council be recorded as opposing the collection by the Federal government of Income taxes for any past period for either state, county or municipal officials or employees, for the reason that we believe it is un-Ameri- can to enforce any provision of law which no one contemplated for any past period of time. 2. That the opposition of this Coun- cil be also recorded to any attempt by the Federal government to tax all state and municipal bonds, thus increasing interest costs up to twenty-five per cent over what they are now, for the reason that this would tend to destroy all hope for the betterment of the conditions of the taxpayer. Should bond exemptions be ended both as to state and federal bonds it should not be done at the ex- pense of the states and muncipalities and their employees to the sole advan- tage of the Federal government. There should be true reciprocity in any move- ment to tax state and federal bonds. 3. That opposition to taxation of state and federal bonds is hereby re- corded by this Council for the further reason that this city has both police and fire pension funds that would be jeop- ardized by the taxation of outstanding public securities. 4. That the opposition of this Coun- cil be also recorded against the taxa- tion by the Federal government of in- come of municipalities or other agen- cies or utilities to pay an actual cor- porate income tax upon their revenue receipts for the reason that the same would increase the burden of taxation on its already overburdened citizens. 5. That in our opinion the taxation of state and municipal securities should never he permitted until such time as the states have the right to tax Fed- eral securities. As a governmental unit of the state, in recognizing the sover- eign right of the state, -,ve contend that the taxation of the income thereof would be an encroachment upon the sovereign right. 6. 'That this Council be recorded as favoring an Act of Congress at its next session to prevent the retroactive appli- cation of anv federal tax upon em- ployces of states and their municipali- ties. 7. That the opposition of this Coun- cil he recorded against any attempt to add to the cost of State and municipal government by federal taxation without first securing the consent of the states through a constitutional amendment. 16 Special Session, January 16th,. 1939. guaranteeing the reciprocal right to tax future issues of federal securities in the state and prohibiting any federal taxa- tion of the revenues and already issued securities of the states, their subdivi- sions and agencies. 8. And that finally we urge upon Congress to preserve the balance of power between the central government on the one hand and the states and municipalities on the other. Passed, adopted and approved this 16th day of January, 1939. 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 and that the City Clerk be instructed to forward a copy of said resolution to United States Senators Clyde L. Herring and Guy Al. Gillette and to Untied States Congress- man W. S. Jacobsen at Washington, D. C. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas—Mayor Calrk, Councilmen Mur- phy, Thompson, Van Duelman, Whar- ton. Nays—None. Councilman Wharton moved that Mr. John A. Kerper be reappointed as a member of the Dock Board for the term expiring November 26th, 1941. Seconded by Councilman Murphy. Carried by the following vote: Yeas— Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. There being no further business Councilman Van Duelman moved to adjourn. Seconded by Councilman Murphy. Carried by the following vote: leas—Xlavor Clark, Councilmen Murphy, Thompson, Van Duelman, �N`harton. Nays—None. J. J. SHEA, City Clerk. AAprove(l --/ '- _1939 Adopted _ _ _ 1939. r ------- 7 Coin 4 1 ---------- - - - Attest: - �� City Clerk. I Session, ,January 30th, 1939. City Council (Official.) Special Session, January 30th, 1939. Council met at 5:15 P. M. Present—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton, City Manager Rhomberg. Meeting called by order of Council- men Van Duelman and Wharton. Mayor Clark read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of considering the bids re- ceived for the installation of a new pumping unit at the Eagle Point Sta- tion, for the construction of a new addi- tion at the Eagle Point Station, for the heating and plumbing work at the Ea- gle Point Station, and for the electrical work at the Eagle Point Station and acting on any other business as may properly come before a regular meet- ing of the City Council. Councilman Wharton moved that the rules be suspended for the purpose of allowing anyone present in the Council Chamber ,who wishes to do so, to ad- dress the Council. Seconded by Coun- cilman Van Duelman. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Mr. John McDonald, Jr., Secretary of the A. Y. McDonald Manufacturing Com- panv addressed the Council, entering objections to the specifications under which bids were received for the in- stallation of a new pumping unit at the Eagle Point Pumping Station. Proof of publication, certified to by the publishers, of the notice to pump manufacturers of the receipt of bids for Water Works Improvements, City of Dubuque, Iowa, presented and read. Councilman Van Duelman moved that the proof of publication be received and filed. Seconded by Councilman Mur- phy. Carried by the following vote: Yeas—Mayor Clark, Councilmen Mur- phy, Thompson, Van Duelman, Whar- ton. Nays—None. January 20th, 1939. Honorable Mayor and City Council: Gentlemen: Pursuant to Resolution 6-39 adopted by the City Council, sealed bids were received, and opened on January 26th, 1939, at 10:00 A. M., for the Installation of a New Pumping Unit at Eagle Point Pumping Station as a part of PWA Project 1684-F, for the Improvement of Waterworks System. Attached hereto is a tabulation of the bids received. No irregularities were found in any of the proposals. We recommend that the Installation of the New Pumping Unit be awarded to the 17 Climax Engineering Co. of Clinton, Iowa, theirs being the lowest and best bid received, as evaluated. Very truly yours, WATER DEPARTMENT City of Dubuque, Iowa. A. A. RHOMBERG, City Manager. J. J. HAIL, Superintendent. Councilman Van Duelman moved that the communication of City Man- ager Rhomberg and Water Superinten- dent Hail, recommending that the in- stallation of the new pumping unit at the Eagle Point Pumping Station he --.warded to the Climax Engineering Company, Clinton, Iowa, together with the bids submitted for the installation of said pumping unit, be referred to the City Council for further consideration. Seconded by Councilman Wharton. Carried by the following vote: Yeas— \layor Clark, Councilmen Murphy, Thompson, Van Duelnnan, Wharton. Nays—None. Claim of Nlrs. Mae Goard in the amount of ;100.00 for personal injuries received in failing on a defective side - wail: on the west side of Algona Street between Grace Street and Delhi Street, presented and read. Councilman Van Duelman moved to refer the claim to the City Solicitor. Seconded by Coun- cilman Murphy. Carried by the follow- ing vote: Peas—Mayor Clark, Coun- cilmen Murphy, Thompson, Van Duel - man, Wharton. Nays—None. Claim of E. T. McKenna in the amount of $530.00 for personal injuries received in falling on a defective side- walk on the west side of Fremont Ave- nue near the intersection of Fremont Avenue and Simpson Avenue, presented and read. Councilman Murphy moved to refer the claim to the City Solicitor. Seconded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Clark, Councilmen Mur- phy, Thompson, Van Duelman, Whar- ton. Nays—None. Communication of Mrs. Dorothea Link reporting that on January 23rd, 1939, she fell on an icy sidewalk in front of Smith Meat Market on Hill Street near West Fifth Street, presented and read. Councilman Thompson moved that the communicate be referred to "the City Manager to'aldvise Mrs. Doro- thea,,Link that her communication does not constitute a claim as it does not conform with the laws of the State of IoyY3..Seconded. by Councilman Mur- Yeas—Mayor Carried Clark, following Councilm n Mur- phy, Thompson, Van Duelman, Whar- ton. Nays—None. Communication of Jos. E. Maher re- porting that on January 23rd, 1939, he fell on a defective sidewalk at 1421 Mt. Pleasant' Street, presented and read. 18 Special Session, January 30th, 1939. Councilman Wharton moved that the communication be referred to the City Manager to advise Jos. E. Maher that his communication does not constitute a claim as it does not conform with the laws of the State of Iowa. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Communication of Francis P .Quinn submitting his application for to fill the vacancy on the Civil Service Commis- sion, presented and read. Councilman Van Duelman moved to refer the com- munication to the City Council. Sec- onded by Councilman Thompson. Car- ried by the following vote: Yeas— Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Communication of Ryder Realtv Company advising the City Council that they have no insurance on city properties, presented and read. Coun- cilman Thompson moved to refer the communication to the City Manager for action. Seconded by Councilman Mur- phy. Carried by the following vote: Yeas—Mayor Clark, Councilmen Mur- phy, Thompson, Van Duelman, Whar- ton. Nays—None. Petition of J. J. Ludescher & Son, et al, requesting that the parking limits he extended on Eighth Avenue to the in- tersection of Hill Street and Julien Ave- nue, presented and read. Councilman Murphy moved to refer the petition to the City Manager, Chief of Police and Chief of Fire Department for investi- gation and report. Seconded by Coun- cilman Wharton. Carried by the fol- lowing vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of E. E. Frith Company, re- questing permission to put in a new sewer on Eighteenth Street running east and west from Sycamore Street to the "B" Branch Sewer, presented and read. Councilman Wharton moved that the request be granted, the work to be done under the supervision of the En- gineering Department and the City So- licitor instructed to prepare an ordin- ance covering the same, the cost of pub- lication of said ordinance to be borne by the E. E. Frith Company. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Clark, Councilmeli Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of Grand Opera House, Inc., requesting permission to erect on the front of the Strand Theatre a canopy 29 feet long and 10 feet wide, presented and read. Councilman Murphy moved that the request be granted, the work to be under the supervision of the Building 'Commissioner and the City Solicitor instructed to prepare an ordi- nance covering the same, the cost of publication of said ordinance to be borne by the Grand Opera House, Inc. Seconded by Councilman Van Duel. man. Carried by the following vote: Yeas—Mayor Clark, Councilmen \lur- phy, Thompson, Van Duelman, Whar- ton. Nays—None. Communication of DavidF. Loepp, Mayor, City of Sioux City, Iowa, re- questing that Fire Chief Ryan be grant- ed permission to attend the fiftieth an- niversary celebration of Fire Chief Kel- logg, at Sioux City, Iowa, on March 17th and 18th, presented and read. Councilman Van Duelman moved that the request be granted. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, NVharton. Nays—None. Communication of J. H. Weimer submitting application for reappoint- ment as a member of the Local Board of Review for the year 1939, presented and read. Councilman Murphy moped to refer the communication to the Cite Council. Seconded by Councilman Thompson. Carried b\' the following vote: Yeas—Mayor Clark, Councilnun Murphy, Thompson, Van Duclman, Wharton. Nays—None. Communication of United States Sen- ator Guy M. Gillette acknowledging re- ceipt of Resolution No. 22-39 adopted by the 'City Council on January 16th. 1939, presented and read. Councilman Wharton moved that the communica- tion be received and filed. Seconded In Councilman Van Duelman. Carried bY the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Communication of United States Sen- ator Clyde L. Herring acknov,-ledging receipt of Resolution No. 22-39 adopted by the City Council on January 16th. 1939, presented and read. Councilman Wharton moved that the communica- tion be received and filed. Seconded by Councilman Van Duelman. Carried by the following vote: Ycas--NktY 1' Clark, Councilmen Murphy, Thompson. Van Duelman, Wharton. Nay,_Nonc. Communication of United States Congressman W. S. Jacobsen ackno l- edging receipt of Resolution No. 22-30 adopted by the City Council on Jaim- v 16th, 1939, presented and read. Councilman Wharton moved that the communication be received and filed. Seconded by Councilman Van Duel - man. Carried by the following vete' Yeas—Mayor Clark, Councilmen Mur- phy, Thompson, Van Duelman, Whar- ton. Nays—None. Proof of publication, certified to by the publishers of a statment of receipts and also a list of claims for which war. rants were drawn during the month of December, 1938 presented and read. Special Session, January 30th, 1939. 19 Councilman Thompson moved that the proof of publication be received and filed. Seconded by Councilman Mur- phy. Carried by the following vote: Yeas—Mayor Clark, Councilmen Mur- phy, Thompson, Van Duelman, Whar- ton. Nays—None. Report of the Board of Health for the month of December, 1938, present- ed. Councilman Murphy moved that the report of the Board of Health for the month of December, 1938, be ap- proved as printed. Seconded by Coun- cilman Van Duelman. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson , Van Duelman, Wharton. Nays—None. Council Proceedings for the month of November, 1938, presented for ap- proval. Councilman Thompson moved that the Council Proceedings for the month of November, 1938, be approved as printed. Seconded by Councilman Murphy. Carried by the follo-,ving vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. January 30th, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have approved the following bonds and policies and desire to have your approval on same for filing: Signs George Bock, 2231 Central Avenue— General Accident Fire and Life As- surance Corporation, Ltd., Policy No. M. C. 538572. Mary Coates (Coates Beauty Shop) 1324 Central Avenue—General Acci- dent Fire and Life Assurance 'Cor- poration, Ltd., Policy No. G -IA. 699833. Coney Island Lunch, 493 Main Street —General Accident Fire and Life As- surance Corporation, Ltd., Policy No. G -IA. 699846. DeMain Bros., 656 Main Street—Gen- eral Accident Life and Fire Assur- ance Corporation, Ltd., Policy No. G -IA 699813. Dubuque Tire & Battery Co., 7th and Iowa Streets—General Accident Fire and Life Asurance Corporation, Ltd., Policy No. MC -544200. Galloway Company, Inc., 103 Main Street—Bituminous Casualty Corpor- ation, Policy No. OLT 20343. F. M. Jaeger, 622 Main Street—Massa- chusetts Bonding and Insurance Co., Policy GPL 108436. John J. Juergens & Sons, 1824 Central Avenue—General Accident Fire and Life Assurance Corporation, Ltd., Policy No. G -IA. 699845. Kies Drug Store, 1362 Central Avenue —Employers Mutual Casualty Com- pany, Policy No. 24408. Courtland F. Hillyard & Sabyl H. Kretschmer, 1135 Main Street—The Fidelity and Casualty Company, Pol- icy No. OT 110875. Milton Kalmes, 1085 Julien Avenue— Columbia Casualty Company, Policy No. CLI 2784. Leath & Company, 664-72 Main Street —Indemnity Ins. Company of N. A. Policy No. OLT 340786. Mi -Lady Beauty Salon, 221 West 9th Street—Bituminous Casualty Com- pany, Policy No. OLT 20354. Pittsburgh Plate Glass Co., 653 Main Street—Hartford Accident and In- demnity Co., Bond. John Schaetzle Drug Store, 2162 Cen- tral Avenue—Bituminous Casualty Corporation, Policy No. OLT 20280. Universal 'Car & Tractor Company, 930 Central Avenue—The Hoosier Casu- alty Company, Policy No. OL -3448. Walker Shoe Company, 661 Main Street—Bituminous Casualty Corpor- ation, Policy No. OLT 20344. Henn• Wilberding, 449 Main Street— Employers Mutual Casualty Com- pany, Policy No. 30284. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Wharton moved that the bonds and policies be approved and placed on file. Seconded by Council- man Van Duelman. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 23-39. Whereas, the City Council of Du- buque, Iowa, has heretofore by Reso- lution No. 107-38 accepted the offer of the United States of America through the Federal Emergency Adminstration of Public Works to aid in financing the Construction of Improvements to Wa- ter Works System and Demolition of Old Building as outlined in Iowa, Dock- et No. 1684-F and Whereas, such offer and acceptance is conditioned upon the expenditure of the balance on the part of the City of Dubuque, Iowa, and Whereas, in the progress of the pro- ject it has become necessary and expe- dient to supplement the funds available for construction purposes in order to insure the completion of the Project to the satisfaction of the Federal Emer- gency Administration of Public Works, Now Therefore, Be It Resolved, by the City Council of the City of Du- buque, Iowa, that there be and there is hereby appropriated the sum of $12,- 500.00 from the Water Works General Fund for the purpose of financing the aforesaid construction of Improvements to the Water Works System, and Be It Further Resolved, that the City Treasurer be and he is hereby directed 20 Special Session, to deposit in the First National Bank of Dubuque, Iowa, to the credit of the "Construction Account, Improvements to the Water Works System, Docket Iowa 1684-F" the sum of $12,500.00, the same to be segregated from all other funds and to be used for no other purpose whatsoever. Passed, adopted and approved this 30th day of January ,1939. CARL A. CLARK'Mayor. FRANK VAN DUL LNIAN, ALBERT WHARTON GEO. R. MURPHY F. W. THOMPSON, Councilmen. Attest: J. J. SHEA. City Clerk. Councilman Murphy moved the adop- tion of the resolution. Seconded b} Councilman Thompson. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duciman, Wharton. Nays—None. Proof of publication, certified to by the publishers, of the notice to building contractors of the receipt of bids for Water Works Improvements, City of Dubuque, Iowa, presented and read. Counilman Thompson moved that the proof of publication be received and filed. Seconded by Councilman Mur- nhy. Carried by the following vote: Yeas—Mayor Clark, Councilmen Mur- phy, Thompson, Van Duelman, Whar- ton. Nays—None. January 30th, 1939. Honorable Mayor and City Council: Gentlemen: Pursuant to Resolution No. 9-39, adopted by the City 'Council, sealed bids were received and opened on January 26th, 1939, at 10:00 A. M. for the Con- struction of New Building at Eagle Point Pumping Station as a part of PWA Project 1684-F, for the Improve- ment of Water Works System. Attached hereto is a tabulation of the bids received. No irregularities were found in any of the proposals. We recommend that the Construction of New Buildfgg be awarded to Anton Zwack, Inc., of Dubuque, Iowa, theirs being the lowest and best bid received. Very truly yours, WATER DEPARTMENT CITY OF DUBUQUE, IOWA, A. A. RHOMBF,RG, City Manager. J. J. HAIL, Superintendent. Councilman Van Duelman moved that the recommendation of the City Manager and Water Superintendent be approved and made a matter of record. Seconded by Councilman Murphy. Car- ried by the following vote: Yeas— Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. January 30th, 1939. City of Dubuque, Iowa, Resolution No. 24-39. Be It Resolved, by the City Council of the City of Dubuque, Iowa; Whereas, the City of Dubuque, of the County of Dubuque, and State of Iowa, pursuant to an advertisement for bids on the construction of building heretofore published on the 10th and 17th day of January, 1939, did oil the 26th day of January, 1939, at ten o'clock A. NI. at the City Clerk's Office, in the City Hall, in Dubuque, Iowa, receive bids for the construction of building, which said bids were taken under ad_ visement by the city council. Whereas, the base bid of ANTON ZWACK, Inc., for construction „t building is the lowest bid submitted by any responsible bidder: and Whereas, a present estimate cost i�: Building Construction— (Contract No. 4)_---------C52,76O.ofi Heating and Plumbing Work— (Contract No. 5)---------- 14,975.00 Electrical Work— (Contract No. 6)---------- 1,200.00 Pumping Unit— (Contract No. 3)---------- 11,27:.00 (As bid of January 26, 1939) Whereas, previous contracts have been made as follows: Contract No. 1 Well --------517,542.110 Contract No. 2 Reservoir--- 38,365.00 And Whereas, future contracts are estimated as follows: Contract No. 7 Deep Well Pump ------------------- 8,000.00 Contract No. 8 Pump House 2,000.00 Contract No. 9 Supply Main From Pump House------- 5,500.00 Total Estimate of Con- struction Contracts ------$151,629.00 Preliminary, band and Engineering ------------ 8,500.00 Legal, Overhead, etc.------- 500.00 $160,629.00 Funds Available PWA Gran t$67,500.00 City Fnnds Available-------- 95,000.00 $162,500.00 Now, Therefore, Be It Resolved by the City Council of the City of Du- buque, Iowa, that the contract for con- struction of building, as Contract No. 4, in the amount of $52,769.00 be awarded to Anton Zwack, Inc., Dubuque, Iowa. Provided, however, that this award shall not be effective until Anton Zwack, Inc., shall have been notified in writing by the City Manager of such award. Be It Further Resolved, that this resolution being deemed urgent and of immediate necessity become effective from and after its final passage and adoption by the City Council. Approved and placed on file for oil, week for public inspection on January 30th, 1939, Councilman Van Duelnlan Special Session, January 30th, 1939. 21 moved that the resolution be approved and placed on file for one week for public inspection. Seconded by Coun- cilman Wharton. Carried by the fol- lowing vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Proof of publication, certified to by the publishers, of the notice to plumb- ing and heating contractors of the re- ceipt of bids for Water Works Im- provements, City of Dubuque, Iowa, presented and read. Councilman Mur- phy moved that the proof of publica- tion be received and filed. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. January 30th, 1939. Honorable Mayor and City Council: Gentlemen: Pursuant to Resolution No. 12-39, adopted by the City Council, sealed bids were received and opened on Janu- ary 26th, 1939, at 10:00 A. M. for Plumbing and Heating Work at Eagle Point Station, as a part of PWA Pro- ject 1684-F, for the Improvements to Water Works System. Attached hereto is a tabulation of the bids received. No irregularities were found in any of the proposals. We recommend that the Plumbing and Heating Work be awarded to Linehan & Molo, of Dubuque, Iowa, theirs be- ing the lowest and best bid received. Very truly yours, WATER DEPARTMENT, CITY OF DUBUQUE, IOWA, A. A. RHOMBERG, City Manager. J. J. HAIL, Superintendent. Councilman Van Duelman moved that the recommendation of the City Manager and Water Superintendent be approved and made a matter of record. Seconded by Councilman Murphy. Carried by the following vote: Yeas— Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. City of Dubuque, Iowa Resolution No. 25-39. Be It Resolved, by the City Council, of the City of Dubuque, Iowa. Whereas, the City of Dubuque, of the County of Dubuque, and State of Iowa, pursuant to an advertisement for bids on the Installation of the proposed Heating and Plumbing heretofore pub- lished on the 10th and 17th day of Jan- uary, 1939, did on the 26th dayof Jan- uary, 1939, at ten o'clock A. M . , at the City Clerk's Office, in the City Hall, in Dubuque, Iowa, receive bids for the in- stallation of the Heating and Plumbing, which said bids were taken under ad- visement by the City Council. Whereas, the base bid of Linehan & Molo, for heating and plumbing work is the lowest bid submitted by any re- sponsible bidder; and Whereas, a present estimate cost is: Building Contruction— (Contract No. 4) ---------- $52,769.00 Heating and Plumbing Work— (Contract No. 5) ---------- 14,978.00 Electrical Work— (Contract No. 6)---------- 1,200.00 Pumping Unit— (Contract No. 3) ---------- 11,275.00 (As of Bid of Jan. 26, 1939) Whereas, previous contracts have been made as follows: Contract No. 1 Well ---------$17,542.00 Contract No. 2 Reservoir_-_- 38,365.00 And Whereas, future contracts are estimated as follows: Contract No. 7 Deep Well Pump -------------------- 8,000.00 Contract No. 8 Pump House- 2,000.00 Contract No. 9 Supply Main from Pump House-------- 5,500.00 Total Estimate of Construc- tion Contracts -----------$151,629.00 Preliminary, Land and Engineering ------------- 8,500.00 Legal, Overhead, etc -------- 500.00 $160,629.00 Funds Available PWA Grant.$67,500.00 Citv Funds Available----_-- 95,000.00 $162,500.00 Now, Therefore, Be It Resolved by the City Council of the City of Du- buque, Iowa, that the Contract for the Installation of Heating and Plumbing, as Contract No. 5, in the amount of $14,978.00 be awarded to the Linehan & Molo, Dubuque, Iowa. Provided, however, that this award shall not be effective until the Linehan & Molo shall have been notified in writing by the City Manager of such award. Be It Further Resolved, that this resolution being deemed urgent and of immediate necessity become effective from and after its final passage and adoption by the City Council. Approved and placed on file for one week for public inspection on January 30th, 1939. Councilman Van Duelman moved that the resolution be approved and placed on file for one week for public inspection. Seconded by Coun- cilman Murphy. Carried by the follow- ing vote: Yeas—:Mayor Clark, Coun- cilmen Murphy, Thompson, Van Duel - man, Wharton. mays—None. Proof of publication, certified to by the publishers, of the notice to electrical contractors of the receipt of bids for N\'ater Works Improvements, City of 22 Dubuque, Iowa, presented and read. Councilman Murphy moved that the proof of publication be received and filed. Seconded by Councilman Whar- ton. Carried by the following vote: Yeas—Mayor Clark, Councilmen Mur- phy, Thompson, Van Duelman, Whar- ton. Nays—None. January 30th, 1939. Honorable Mayor and City Council: Gentlemen: Pursuant to Resolution No. 15-39, adopted by the City Council, sealed bids were received and opened on Janu- ary 26th, 1939, at 10:00 A. M. for Elec- trical Work at Eagle Point Station, as a part of PWA Project, for the Im- provements of Water Works System. Attached hereto is a tabulation of the bids received. No irregularities were found in any of the proposals. We rec- ommend that the Electrical Work be awarded to the United Electric Co., Inc., of Dubuque, Iowa, theirs being the lowest and best bid received. Very truly yours, WATER DEPARTMENT, CITY OF DUBUQUE, IOWA, A. A. RHOMBERG, City Manager. J. J. HAIL, Superintendent. Councilman Murphy moved that the recommendation of the City Manager and Water Superintendent be approved and made a matter of record. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Mr. Clarence J. Wiliging addressed the Council stating that the United Electric Co., Inc" will comply with the specifications in all respects covering the electrical contract at the Eagle Point Pumping Station. City of Dubuque, Iowa. Resolution No. 26-39. Be It Resolved, by the City Council, of the City of Dubuque, Iowa: Whereas, the City of Dubuque, of the County of Dubuque, and State of imca pursuant to an advertisement for bids on the Installation of the proposed Electrical Work heretofore published on the 10th and 17th days of January, 1939, did on the 26th day of January 1939, at ten o'clock A. M. at the City, Clerk's Office, in the City Hail, in Du- buque, Iowa, in bids for the in- stallation of electrical work, which said bids were taken under advisement by the City Council. Whereas the base bid of United Electric c c Co., Inc., for installation of electricwork is the lowest bid by any responsible bidder; anti 30th, . 1939. NN'hereas, a present estimate cost is: Building Construction— (Contract No. 4) ---------- $52,769.00 Heating and Plumbing Work— (Contract No. 5)---------- 1.1,978.00 Electrical Work— (Contract No. 6) ---------- 1,200.00 Pumping Unit— (Contract No. 3)---------- 11,275.00 Whereas, previous contracts have been made as follows: Contract No. 1 Well ---------$17,5.12.00 Contract No. 2 Reservoir---- 38,365.00 And Whereas, future contracts are estimated as follows: Contract No. 7 Deep Well Pump ------------------- 8,000.00 Contract No. 8 Pump House- 2.000.00 Contract No. 9 Supply Main from Pump House-------- 5,500.00 Total Estimate of Con- struction Contracts ------$151,629.00 Preliminary, Land and Engineering ------------- 8,500.00 Legal, Overhead, etc.------- 500.00 $160,629.00 Funds Available PWA Gran t.$67,500.00 City Funds Available------- 95,000.00 $162,500.00 Now, Therefore, Be It Resolved by the City Council of the City of Du- buque, Iowa, that the contract for elec- trical work, as Contract No. 6, in the amount of $1,200.00 be awarded to the United Electric Co., Inc., Dubuque, Iowa. Provided, however, that this award shall not be effective until the United Electric Company shall have been no- tified in writing by the City Manager of such award. Be It Further Resolved, that this resolution being deemed urgent and of immediate necessity become effective from and after its final passage and adoption by the City Council. Approved and placed on file for pub- lic inspection for one week on January 30th, 1939. Councilman Van Duelman moved that the resolution be approved and placed on file for one week for Public inspection. Seconded by Coun- cilman Murphy. Carried by the follow- ing vote: Yeas—Mayor Clark, Coun- cilmen Murphy, Thompson, Van Duel - man, Wharton. Nays—None. Resolution No. 27-39. Whereas, application for Class "B" Beer Permit has been submitted to this Council for approval and the same has been examined; Now, Therefore, Be It Resolved, by the Council of the City of Dubuque that the following ap- plication be and the same is hereby ap- proved and it is ordered that the prem- ises to be occupied by such applicant sh111 be forthwith inspected. Special Session, January 30th, 1939. Class "B" Permit Name Address Roy F. Gau (Transfer of address from 2093 Washington St.) ------------ ---------------- 119 West 6th Street Passed, adopted and approved this 30th day of January, 1939. CARL, A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT 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 Murphy. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 28-39. Whereas, heretofore applications were filed by the within named appli- cants for Class "B" Beer Permits and they received the approval of this Coun- cil; and Whereas, the premises to be occupied by them have been inspected 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 following named persons a Beer Permit. Class "B" Permit Name Address Roy F. Gau (Transfer of address from 2093 Washington St.) ------------ ---------------- 119 West 6th Street Roy F. Gau and Louis Anthoine____ __119 West 6th Street Mrs. Margaret O'Brien (Transfer of address from 428 West Locust Street) ---------- 212 West 1st Street Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 30th day of January, 1939. 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 adop- tion of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. 23 Dubuque County. Resolution No. 29-39. Primary Road Extensions Cities and Towns Be It Resolved by the City Council of the City of Dubuque, Iowa: 1. That pursuant to the provisions of Section 4755-b29 of the Code and Chapter 154 of the laws of the 47th General Assembly of the State of Iowa, we hereby approve and consent to the maintenance of all primary road ex- tensions within said City during the cal- endar year 1939, by the State Highway Commission, as hereinafter set forth. 2. That the approval and consent herein given for the maintenance of said primary road extensions within the said City of Dubuque is based on the as- sumption and understanding that said maintenance to be done by the State Highway Commission will be paid for by the State Highway Commission out of the primary road fund, and that no charge will be made against the City of Dubuque on account of such mainten- ance performed or to be performed by the State Highway Commission on the said primary road extensions within the said City of Dubuque. 3. That the maintenance to be done by the State Highway Commission on the primary road extensions within the City of Dubuque shall include the usu- al surface maintenance, road -bed re- pairs, repairs to bridges, culverts and guard rail, and other maintenance usu- ally performed on primary roads out- side of cities and towns. That on strets or portions of streets which are curbed, the maintenance, except snow removal, shall extend from curb to curb. That the maintenance of such primary road extensions shall include plowing the snow from the full width of the pavement or other surfacing, provided that if the pavement or other surfacing is more than thirty feet in width, then the Highway Commission will plow the snow from a traveled way only about thirty feet in width. 4. That the maintenance of such pri- mary road extensions by the Highway Commission shall not include (a) The loading and hauling away of snow which is plowed off to the side of the traveled portion of the roadway. (b) The sprinkling of the streets. (c) The sweeping of the streets. (d) The maintenance or repair of any sewers, water pipes or other ser- vices under the traveled surface of the roadway or any costs in- cident thereto. 5. That this resolution and the terms thereof shall become effective upon the approval and acceptance thereof by the Iowa State Highway Commission. 24 Session, January 30th, 1939. Resolution approved and adopted by the City Council of the City of Du- buque, Iowa, this 30th day of January, 1939. Population 41,678. CARL, A. CLARK, Mayor. Attest: J. J. SHEA, Clerk. Resolution approved and accepted by the Iowa State Highway Commission on the 14th day of February, 1939. I. H. KNUDSON, Chairman. Councilman Thompson moved the adoption of the resolution. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. CONTRACT County Dubuque. City Dubuque. Primary Road Extension Maintenance. This written duplicate memoranda of agreement made and entered into by and between the City of Dubuque, Iowa, Party of the First Part, and the Iowa State Highway Commission, Ames, Iowa, Party of the Second Part. WITNESSETH: In consideration of the performance by the Party of the First Part, of main- tenance work specified below, Second Party agrees to pay First Party, dur- ing December, 1939, $2790.00. Party of the First Part agrees to per- form for the Party of the Second Part, all usual maintenance operations in the City of Dubuque on extensions of pri- mary roads specifically described as follows: Roads No. 20, 52, 61, 67 and 151 or such parts of above roads as are now maintained by the City of Du- buque as shgwn by present classifica- tion. 9.3 miles @ $300.00 per mile, $2,790.00. It is understood that "usual mainte- nance operations" shall include surface maintenance, road bed repairs, repairs to bridges, culverts and guard rail and other maintenance usually performed on primary roads outside of cities and towns. On streets or portions of streets which are curbed, the maintenance, ex- cept snow removal, shall extend from curb to curb. The maintenance of such extensions shall include plowing the snow from the full width of the pave- ment or other surfacing provided that if the pavement or other surfacing is more than 30 ft. in width, the snow will be plowed from traveled way only about 30 ft. in width. Party of the First Part further agrees to perform special maintenance work for the party of the Second Part on the above designated extensions. This spe- cial maintenance work is specifically de- scribed as follows: a later supplement- al contract will be made to cover spe- cial maintenance. In Witness Whereof, the Parties hereto have set their hands, for the pur- poses herein expressed, on this 30th day of January 1939. CITY OF DUBUQUE, City or Town By CARL, A. CLARK, Mayor. First Party. IOWA STATE HIGHWAY COM- MISSION By I. H. KNUDSON, Second Party. Recommended for Approval February 1, 1939. C. A. LIVINGSTON, Engineer Councilman Van Duelman moved that the contract be approved and that the Mayor be authorized to execute the same on behalf of the City of Du- buque, Iowa. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. January 30, 1939. Honorable Mayor and City Council, Dubuque, Iowa. Re: Claim of Mrs Dorothy Slater. Gentlemen: On February 3, 1938, there was filed with the City Clerk, the claim of Mrs. Dorothy Slater in the sum of Five Hun- dred ($500) Dollars, on account of per- sonal injuries sustained by her on De- cember 5, 1937, which claim was there- after and prior to my assumption of the Office of City Attorney, referred to the City Solicitor for investigation and re- port. Thereafter, and on March 3, 1938, prior to the date of my appointment as City Solicitor, suit was instituted in the District Court of Dubuque County, Iowa, on this claim in the sum of Five Hundred ($500) Dollars. I beg to advise that I have completed investigation of this claim and suit, and find that this accident happened on De- cember 5, 1937, while the claimant was walking in a Westerly direction upon the sidewalk on the South side of Rhomberg Avenue, between Jackson Street and White Street, and that the accident happened on the cross walk in the alley in this block when plaintiff stepped upon the crosswalk and upon snow and ice which had accumulated upon the crosswalk, and fell upon her face sustaining a cut on the left side of her upper lips, and the breaking of part of an upper tooth. Investigation discloses that claimant consulted a physician and received treatment necessitating a number of stitches to close up the wound in her upper lip and also had to consult a den- tist in the repair of the injury to her tooth and incurred both medical and dental expense. Special Session, January 30th, 1939. 25 From the evidence adduced as the result of investigation made I find that the snow and ice which had accumulat- ed upon this crosswalk was in a rough, ridged and uneven condition at the time of this accident, and that this condition had existed for a considerable period of time ,sufficient to constitute construc- tive notice to the city. I have conferred personally with the claimant in this case, taking her state- ment, and after full investigation of the claim and suit, respectfully recommend settlement of the case for the sum of Seventy-five ($75.00) Dollars. I accordingly recommend to your honorable body that upon the execution of the receipt and release by the claim- ant Mrs. Dorothy Slater, and upon the dismissal of the suit instituted in the District Court of Dubuque County, Iowa, by the claimant or plaintiff with prejudice, and at plaintiff's costs, that a warrant be drawn in the sum of Seven- ty-five ($75) Dollars, payable to Walter Koerner, attorney for Mrs. Dorothy Slater, in full settlement of all claims against the city in this matter. Respectfully submitted, AL. J. NELSON, City Solicitor. Councilman Van Duelman moved that the recommendation of City So- licitor Nelson be approved and that a warrant in the amount of $75.00 be or- dered drawn payable to Walter Koer- ner, Attorney for Mrs. Dorothy Slater, as settlement in full of her claim and suit for personal injuries received in falling upon a defective crosswalk on the south side of Rhomberg Avenue, be- tween Jackson Street and White Street and that upon the execution of the re- ceipt and release by the claimant and upon the dismissal of the suit instituted in the District Court of Dubuque County, Iowa, by the claimant or plaintiff with prejudice, and at plain- tiff's costs, that said warrant be deliv- ered to Walter Koerner, Attorney for Mrs. Dorothy Slater. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Councilman Thompson moved that the petition of George Bendel request- ing suspension of the 1938 taxes on Lot 1 of Sub. 2, and the S. W. / of Lot 3, and Lot 6 of Sanford's Sub., be granted and the Board of Supervisors to be no- tified of the action of the City Council, Seconded by Councilman Murphy. Car- ried by the following vote: Yeas— Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton Nays—None. Councilman Van Duelman moved that the petition of Marguerite Schet- gen requesting suspension of the 1938 taxes on the South 22 feet of Lot 156 of East Dubuque Addition, be granted and the Board of Supervisors to be no- tified of the action of the City Council. Seconded by Councilman Wharton. Carried by the following vote: Yeas— Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. January 30th, 1939. Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Referring to attached petition of Messrs. George and Emit Bock referred to the Planning and Zoning Commis- sion by the City Council on January 19th, 1939, it was the unanimous judg- ment of the Commission that Messrs. Bock were requesting an extension of a present non -conforming use of their property, and that the Board of Adjust- ments under Article IX of the Zoning Ordinance already had jurisdiction. Thus if the City Solicitor confirms the interpretation of the Commission, the Commission recommends that the City Council refer the matter back to the Board of Adjustment. Respectfully submitted, R. V. McKAY, Secretary Planning & Zoning Commission. Councilman Van Duelman moved that the recommendation of the Plan- ning and Zoning Commission be ap- proved. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. January 30th, 1939. Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: With reference to petition of A. M. Place, Receiver for the Consolidated National Bank, the Planning and Zon- ing Commission wishes to recommend to the City Council that the petition be denied. As a matter of established zoning policy, the Planning and Zoning Com- mission is opposed to rezoning of single premises out of conformity with sur- rounding property uses. This policy is supported by a recent Pennsylvania Supreme Court decision which rules that there is no basis in zoning proced- ure to justify rezoning of single prop- erties to meet some individual desire. The Commission feels that to rezone this property would damage other sin- gle family homes in an ideal "Single Family Residence District" and, there- fore, is not warranted. Respectfully submitted, R. V. McKAY, Secretary, Planning and Zoning Commission. 26 Special Session, Councilman Van Duelman moved that the recommendation of the Plan- ning and Zoning Commission be re- ceived and filed. Seconded by Coun- cilman Thompson Carried by the fol- lowing vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Councilman Wharton moved that the petition of A M. Place, Receiver for the Consolidated National Bank, requesting the removal of the single family restrictions on bots 8, 9, 10 and South 5 feet of 7 all in Block 3 in Grandview Park, be granted and that the City Solicitor be instructed to pre- pare the proper proceedings. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thomp- son, Van Duelman, Wharton. Nays— None. There being no further business, Councilman Van Duelman moved to adjourn. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. J. J. SHEA, City Clerk. Approved _ _VAC 1939. Adopted_y�V, 1939. Co -------------- ------ . Attest: k� City Clerk. fanuary 30th, 1939. lar Session, February 6th, 1939. City Council (Official.) Regular Session, February 6th, 1939. Council met at 8:50 P. M. Present—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton, City Manager Rhoniberg. 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. Councilman Van Duelman moved that the rules be suspended for the pur- pose of allowing anyone present in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Messrs J. A Hennig and J. J. Ludesch- er, Jr., addressed the Council requesting that the parking limits be extended on Eighth Avenue between Bluff Street and Julien Avenue. Petition of Shiloh Circle, No. 37, La- dies of the Grated Army of the Repub- lic, requesting permission for the hold- ing of a Tag Day on Saturday, April 8th, 1939, presented and read. Council- man Thompson moved that the request be granted. Seconded by Councilman Murphy. Carried by the following vote- Yeas—Mayor Clark, Councilmen Mur- phy, Thompson, Van Duelman, Whar- ton Nays—None. Claim of H. M. Bradley in the amount of $19.83 for damages to his milk truck and its contents due to the poor condition of the alley between Audubon and Adair Streets which caused the truck to slide over the bank and turn over, presented and read. Councilman Van Duelman moved to refer the Claim to the City Solicitor. Seconded by Councilman Wharton. Carried by the following vote: Yeas— Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Bill of James F. Lee Paving Co. in the amount of $281.50 to cover 563 Cu. Yds. Asphalt Sand taken from Lot 129 Ham's Addition by City Trucks, pre- sented and read. Councilman Van Duel - man moved to refer the bill to the City Manager for investigation and report. Seconded by Councilman ?Murphy. Carried by the following vote: Yeas— Mayor Clark, Councilmen 'Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of Fischer Investment Co., et al, requesting that "non -parking" be 27 extended on Locust Street from Fourth Street to Third Street, presented and read. Councilman Van Duelman moved to refer the petition to the City %,tan- ager, Chief of Police and Chief of the Fire Department for investigation and rePo"t. Seconded by Councilman \lur- nhy. Carried by the following v ,te: Yeas—Mayor Clark, Councilmen \I ur- phy, Thompson, Van Duelman, \\'har- ton. Nays—None. Petition of John J. and H L. Lund - beck, by Catherine Lundbeck, referred to the City Council by the Board of Supervisors, requesting suspension of the 1938 taxes on Lot 11 of Cox's Ad- dition, presented and read. Council- man Murphy moved to refer the peti- tio❑ to the City Solicitor for investiga- tion and report. Seconded by Council- man Thompson. Carried by the follow- ing vote: Yeas—Mayor Clark, Coun- cilmen Murphy, Thompson, Van Duel - man, Wharton. Nays—None Petition of Catherine Lundbeck, re- ferred to the City Council by the Board of Supervisors, requesting sus- pension of the 1938 taxes on Lot 2.42 of W oodlawli Park Addition, presented and read. Councilman Murphy moved to refer the petition to the City Solicit- or for investigation and report. Second- ed by Councilman Thompson. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of Playground and Recrea- tion Commission requesting the City Council to authorize the use of Block F in Industrial Subdivision for play- ground purposes, presented and read. Councilman Murphy moved to refer the petition to the Citv Council to view the grounds. Seconded by Councilman Van Duelman. Carried by the follow- ing vote: Yeas—Mayor Clark, Council- men \Murphy, Thompson, Van Duel- nian, Wharton. Nays—None. February 6, 1939. To the Honorable Mavor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have approved the following Excavation Bonds and desirg to have your approval on same for filing: Edward T. Cleaver, 1135 Main Street— Bond No. 735674, The Fidelity & Casualty Co. of N. Y. Key City Gas Company, 669 Main Street—Bond No. 735673, The Fidel- ity & Casualty Co. of N. Y. :A. I.. Hammel, 2251 Prince Street— Wcstern Surety Company. Respectfully submitted, A. A. RHOMBERG, City Manager. 28 Regular Session, February 6th, 1939. Councilman Van Duelman move( that the bonds be approved and place( on file. Seconded by Councilmar Wharton. Carried by the followinE vote: Yeas—Mayor Clark, Councilmei Murphy, Thompson, Van Duelman Wharton Nays—None. City of Dubuque, Iowa. Resolution No: 24-39. Be It Resolved, By the City Coun• cil, of the City of Dubuque, Iowa; Whereas, The City of Dubuque, of the County of Dubuque, and State of Iowa, pursuant to an advertisement for bids on the construction of building heretofore published on the 10th and 17th day of January, 1939, did on the 26th day of January, 1939, at ten o'clock A. M. at the City Clerk's Office, in the City Hall, in Dubuque, Iowa, receive bids for the construction of building, which said bids were taken under ad. visement by the City Council. Whereas, the base bid of ANTON ZWACK, Inc., for construction of building is the lowest bid submitted by any responsible bidder; and Whereas, a present estimate cost is: Building Construction— (Contract No. 4) ---------- $52,769.00 Heating and Plumbing Work— (Contract No. 5)---------- 14,978.00 Electrical Work— (Contract No. 6)---------- 1,200.00 Pumping Unit— (Contract No. 3)---------- 11,275.00 (As bid of January 26, 1939) Whereas, previous contracts have been made as follows: Contract No. 1 Well --------$17,542.00 Contract No. 2 Reservoir--- 38,365.00 And Whereas, future contracts are estimated as follows: Contract No. 7 Deep Well Pump ------------------- 8,000.00 Contract No. 8 Pump House 2,000.00 Contract No. 9 Supply Main From Pump House ....... 5,500.00 Total Estimate of Con- struction Contracts ------$151,629.00 Preliminary, Land and Engineering ------------ 8,500.00 Legal, Overhead, etc.------- 500.00 629.00 Funds Available PWA Gran$t$67,500.00 City Fnnds Available-------- 95,000.00 $16 theTCitvCouncilhCity Te'of te Resolved Du buque, Iowa, that the contract for con- struction of building, as Contract No. 4, in the amount of $52,769.00 be awarded to Anton Zwack, Inc., Dubuque, Iowa. Provided, however, that this award shall not be effective until Anton Zwack, Inc., shall have been notified in writing by the City Manager of such award. Be It Further Resolved, that this resolution being deemed urgent and of immediate necessity become effective from and after its final passage and adoption by the City Council. Approved and placed on file for one week on January 30, 1939. Passed and adopted this 6th day of February, 1939. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT 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 Wharton. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thomp- son, Van Duelman, Wharton. Nays— None. City of Dubuque, Iowa Resolution No. 25-39. Be It Resolved, by the City Council, of the City of Dubuque, Iowa. Whereas, the City of Dubuque, of the County of Dubuque, and State of Iowa, pursuant to an advertisement for bids on the Installation of the proposed Heating and Plumbing heretofore pub- lished on the 10th and 17th day of Jan- uary, 1939, did on the 26th day of Jan- uary, 1939, at ten o'clock A. M., at the City Clerk's Office, in the City Hall, in Dubuque, Iowa, receive bids for the in- stallation of the Heating and Plumbing, which said bids were taken under ad- visement by the City Council. Whereas, the base bid of Linehan & Holo, for heating and plumbing work is the lowest bid submitted by any re- sponsible bidder; and Whereas, a present estimate cost is: Building Contruction— (Contract No. 4) ---------- $52,769.00 Heating and Plumbing Work— (Contract No. 5)---------- 14,978.00 Electrical Work— (Contract No. 6)---------- 1,200.00 Pumping Unit— (Contract No. 3)---------- 11,275.00 (As of Bid of Jan. 26, 1939) Whereas, previous contracts have been made as follows: Contract No. 1 Well ---------$17,542.00 Contract No. 2 Reservoir---- 38,365.00 Regular Session, And Whereas, future contracts are estimated as follows: Contract No. 7 Deep Well Pump -------------------- 8,000.00 Contract No. 8 Pump House- 2,000.00 Contract No. 9 Supply Main from Pump House-------- 5,500.00 Total Estimate of Construc- tion Contracts -----------$151,629.00 Preliminary, band and Engineering ------------- 8,500.00 Legal, Overhead, etc.------- 500.00 $160,629.00 Funds Available PWA Grant.$67,500.00 City Funds Available------- 95,000.00 $162,500.00 Now, Therefore, Be It Resolved by the City Council of the City of Du- buque, Iowa, that the Contract for the Installation of Heating and Plumbing, as Contract No. 5, in the amount of $14,978.00 be awarded to the Linehan & Molo, Dubuque, Iowa. Provided, however, that this award shall not be effective until the Linehan & Molo shall have been notified in writing by the City Manager of such award. Be It Further Resolved, that this resolution being deemed urgent and of immediate necessity become effective from and after its final passage and adoption by the City Council. Approved and placed on file for one week on January 30th, 1939. Passed and adopted this 6th day of February, 1939. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT 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 Thompson. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson. Van Duelman, Wharton. Nays—None. City of Dubuque, Iowa. Resolution No. 26-39. Be It Resolved, by the City Council, of the City of Dubuque, Iowa: Whereas, the City of Dubuque, of the County of Dubuque, and State of Iowa pursuant to an advertisement for bids on the Installation of the proposed Electrical Work heretofore published on the 10th and 17th days of January, 1939, did on the 26th day of January. 1939, at ten o'clock A. M. at the City Clerk's Office, in the City Hall, in Du - 6th, 1939. 29 buque, Iowa, receive bids for the in- stallation of electrical work, which said bids were taken under advisement by the City Council. Whereas, the base bid of United E'.ectric Co., Inc., for installation of ciectrical work is the lowest hid by any responsible bidder; and N'%'hereas, a present estimate cost is: Building Construction— (Contract No. 4) ---------- $52,769.00 Heating and Plumbing Work— (Contract No. 5)---------- 14,978.00 Electrical Work— (Contract No. 6) ---------- 1,200.00 Pumping Unit— (Cwitract No. 3)---------- 11,275.00 Whereas, previous contracts have been made as follows: Contract No. 1 Well ---------$17,542.00 Contract No. 2 Reservoir---- 38,365.00 And Whereas, future contracts are estimated as follows: Contract No. 7 Deep Well Pump ------------------- 8,000.00 Contract No. 8 Pump House- 2,000.00 Contract No. 9 Supply Main from Pump House-------- 5,500.00 Total Estimate of Con- struction Contracts ------$151,629.00 Preliminary, Land and Engineering ------------- 8,500.00 Legal, Overhead, etc.------- 500.00 $160,629.00 Funds Available PWA Grant.$67,500.00 City Funds Available------- 95,000.00 $162,500.00 Now, Therefore, Be It Resolved by the City Council of the City of Du- buque, Iowa, that the contract for elec- trical work, as Contract No. 6, in the amount of $1,200.00 be awarded to the United Electric Co., Inc., Dubuque, Iowa. Provided, however, that this award shall not be effective until the United Electric Company shall have been no- tified in writing by the City Manager of such award. Be It Further Resolved, that this resolution being deemed urgent and of immediate necessity become effective from and after its final passage and adoption by the City Council. Approved and placed on file for one week on January 30th, 1939. Passed and adopted this 6th day of February, 1939 CARL A. CLARK, Vayor. FRANK VAN DL'EI,MAN, ALBERT WHARTON, CEO. R. MURPHY, F. W. THOMPSON, Councilmen. Atte-;t: J. J. SHEA, City Clerk. 30 Regular Session, February 6th, 1939. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thomp- son, Van Duelman, Wharton. Nays— None. February 3, 1939. Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the special session of the City Council held on January 30, 1939, there was referred to me for an opinion the recommendation of the Planning and Zoning Commission upon the petition of George and Emil Bock, relative to the extension of a present non -conform- ing use of their property, which recom- nnendation of the Planning and Zoning Commission was as follows: "Referring to attached petition of Messrs. George and Emil Bock, re- ferred to the Planning and Zoning Commission by the City Council oilJanuary 13, 1939, it was the unanimous judgment of the commission that Messrs. Bock were requesting au ex- tension of the present non -conforming use of their property, and that the Board of Adjustment under Article 9 of the Zoning Ordinance already had jurisdiction. Thus if the City Solicitor confirms the interpretation of the com- unission, the commission recommends that the City Council refer the matter back to the Board of Adjustment." Subdivision (a) of Article 9 of the Zoning Ordinance provides as follows: "(a) Non -conforming Uses. Any lawful use of a building or land existing at the time of the passage of this ordi- nance, even though such use does not 001form to the provision of this ordi- nance, may be continued, but if any such non -conforming use is discon- tinued any future use of said premises shall be in conformity with the provi- sions of this ordinance. se sha tebe extended, non-conforming nasgauthor zed bvt the Board of Adjustment, on appeaf, but the extension of use to any portion of a building that was arranged or de- signed for such non -conforming use, and existing at the time of the passage of this ordinance, shall not be deemed an extension of such use, for the pur- poses of this ordinance. For the purpose of this ordinance, a use shall not be deemed to be changed unless changed to a use not included in the same classification as the ex ist- i'ig use. A non -conforming use shall not be changed except to a more re- stricted use." At the time of the adoption of tine Zoning Ordinance, Bock Brothers were engaged in the automobile repair, stor- age, and gas service station business at their present location, and although the use to which the property was then put did not conform to the provisions of the ordinance, it was the lawful use and Subdivision "A" of Article 9 pro- vided that such use might be continued. This same subdivision also provide:; that such non -conformity use shall nut be extended except as authorized by the Board of Adjustment on appeal. It is the opinion of this office that the Board of Adjustment has jurisdic- tion in this matter, and has the right to grant or permit the extension of the non -conforming use to any portion of tine property owned by the petitioners at this location, and to grant the prayer of the petition It is recommended that the petition, together with the recomendation of the Planning and Zoning Commission, and this opinion be referred to the Board of Adjustment of the Planning and Zoning Commission for their deter- mination. Respectfully submitted, AL. J. NELSON, City Solicitor. Councilman Van Duelman nno•ed that the recommendation of City So- licitor Nelson be approved. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. February 6, 1939. Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the meeting of the Council held on January 30, 1939, I was requested to prepare proper proceedings covering request of A. M. Place, receiver of the Consolidated National Bank of Du- buque, Iowa, for the changing from sin- gle-family residence district to two- family residence district of the South s' feet of Lot Seven (7) and all of Lots 8, 9 and 10 in Block 3, Grandview Park Addition. In accordance with your directions I have prepared and submitted herewith a resolution directing the City Clerk to publish notice of a public hearing to be held upon said proposed change in our Zoning Ordinance. Respectfully submitted, AL. J. NELSON, City Solicitor Councilman Van Duelman moved that the communication of City Solici- tor Nelson be made a matter of record. Regular Session, February 6th, 1939. 31 Seconded by Councilman \V-harton. Carried by the following vote: l_eas— Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, \\"harton. Nays—None. Resolution 30-39. Whereas, the City Council of the City of Dubuque, upon its own mo- tion, proposes to amend and change the zoning map of said City, in the follow- ing respects: By changing from `single family resi- dence district" to "two-family residence district", the south five feet (S 5 ft.) of Lot Seven (7), and all of Lots eight (8), nine (9), and ten (10), all in Block three (3) in Grandview Park Addition to the City of Dubuque, Iowa; and, Whereas, before said zoning map may be thus amended and changed, it is necessary that a public hearing be held thereon; Now, Therefore, Be It Resolved, by the City Council of the City of Du- buque that the City Clerk be, and he is hereby directed to cause to be published in the Dubuque Telegraph -Herald, a notice of a public hearing to be held by this Council upon the proposed changes and amendments, said meeting and hearing being hereby fixed at 7:30 o'clock P. M., February 27th, 1939, and to be held in the Council Chamber in the City Hall, said notice to be pub- lished at least fifteen (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, adopted and approved this 6th day of February, 1939. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Wharton moved the adoption of the resolution. Seconded by Councilman Van Duelman. 'Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. February 6, 1939. Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the meeting of the City Council held January 30, 1939, I was instructed to prepare proper ordinance covering the request of the Grand Opera House Company for permission to install a canopy over the sidewalk in front of the Strand Theatre. In accordance with your direction I have prepared and am submitting here- with an ordinance covering the erection and maintenance of said canopy, the cost of the ordinance to be borne by the petitioner. Respectfully submitted, AL. J. NELSON, City Solicitor. Councilman \-an Duelman moved that the communication of City Solicit- or Nelson be made a matter of record. Seconded by Councilman \Vharton. Carried by the following vote: Yeas— Mayor Clark, Councilmen Afurphy, 'Thompson, Van Duelman, Wharton. Nays—None. Ordinance No. 2-39. An Ordinance granting to the Grand Opera House, Inc., owner, its heirs and assigns the right to construct and maintain a can- opy in front of the Strand Theatre, over the sidewalk abutting the North 53 1/5 feet of City Lot 466 in the City of Du- buque, Iowa, and prescribing the con- ditions of such permit, presented and read. Councilman Van Duelman moved that the reading just had be considered the first reading of the ordinance. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Councilman Van Duelman moved that the rules be suspended requiring an or- dinance to be read on three separate days. Seconded by Councilman Whar- ton. Carried by the following vote: Yeas—Mayor Clark, Councilmen Mur- phy, Thompson, Van Duelman, Whar- ton. Nays—None. The ordinance was then read a second time. Councilman Van Duelman moved that the reading just had be considered the second read- ing of the ordinance Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None Communication of John S. Cain sub- mitting application for appointment to the Civil Service Board to fill vacancy caused by the resignation of Dr. E. J. Ryan, presented and read. Councilman Van Duelman moved that the commun- ication be received and filed. Seconded by Councilman Thompson Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thomp- son, Van Duelman, Wharton. Nays— None. Communication of J. N. Hayes sub- mitting application for appointment as a member of the Civil Service Com- mission, presented and read. Council- man Thompson moved that the com- 32 Regular Session, F munication be received and filed. Sec- onded by Councilman Van Duelman. Carried by the following vote: Yeas— Mayor Clark, Councilmen Murphy. Thompson, Van Duelman, Wharton. Nays—None. Communication of Clem Schadle sub- mitting application for position on Civil Service Commission vacated by Dr. L;nunett Ryan, presented and read. Councilman Wharton moved that the communication be received and filed. Seconded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Clark, Councilmen Mur- phy, Thompson, Van Duelman, Whar- ton. Nays—None. Councilman Murphy moved that Dr. Francis P. Quinn be appointed as a member of the Civil Service Commis- sion to fill the term expiring March 31st, 1940. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. There being no further business Councilman Van Duelman moved to adjourn. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. J. J. SHEA, City Clerk. ebruary 6th, 1939. Counomen: Attest: -- --- :- • ---- City Clerk. Approved ---- 1939 Adopted Counomen: Attest: -- --- :- • ---- City Clerk. Special Session, February 27th, 1939. City Council (Official) Special Session, February 27th, 1939. Council met at 8:30 P. M. Present—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton, City Manager Rhomberg. Meeting called by order of Council- men Murphy and Van Duelman. Mayor Clark read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of conducting a public hearing upon a proposal to amend and change the Zoning Map by changing from "Single-- Family Residence District" to "Two -Family Residence District" the South 5 feet of Lot 7 and all of bots 8, 9, and 10, in Block 3 in Grandview Park Addition to the City of Dubuque, Iowa, and acting on any other business as may properly come before a regular meeting of the City Council. Proof of publication, certified to by the publishers, of the notice of a public hearing upon a proposal to amend and change the Zoning Map by changing from "Single Family Residence Dis- trict" to "Two -Family Residence Dis- trict" the South five feet of Lot 7 and all of Lots 8, 9, and 10, all in Block 3 in Grandview Park Addition, presented and read. Councilman Murphy moved that the proof of publication be received and filed. Seconded by Counci man Thompson. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Councilman Murphy moved to sus- pend the rules for the purpose of al- lowing anyone present in the Council Chamber, who wishes to do so, to ad- dress the Council. Seconded by C_ __ cilman Wharton. Carried by the fol- lowing vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Vail Duelman, Wharton. Nays—None. Ordinance No. 3-39. An ordinance amending and changing the Zoning Map of the City of Dubuque as provid- ed by Ordinance No. 3-34, designated "Zoning Ordinance of the City of Du- buque," so as to change to "Two -Fam- ily Residence District" certain defined territory now delimited as "Single - Family Residence District," and de- claring all emergency, presented and read. Councilman Van Duelman moved that the reading just had be considered the first reading of the ordinance. Sec- onded by Councilman Wharton. Car- ried by the following vote: Yeas— Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Councilman Van Duel - 33 man moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. The ordinance was then read a second time. Councilman Van Duelman moved that the reading just had be considered the second reading of the ordinance. Sec- onded by Councilman Wharton. Car- ried by the following vote: Yeas— Nlayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Notice of Mrs. Mary Van Vors in the amount of $175.00 for personal in- juries received in a fall, due to an icy condition, on the south side crossing from the west side to the east side at the corner of 20th and Jackson streets, presented and read. Councilman Mur- phy moved to refer the notice of claim to the City Solicitor for investigation and report. Seconded by Councilman Van Duelman. Carried by the follow- ing vote: Yeas—Mayor- Clark, Coun- cilmen Murphy, Thompson, Van Duel - man, Wharton. Nays—None. Notice of Claim of John Schultz in the amount of $3,000.00 for personal in- juries received in a fall on rough and uneven ice on the cross -walk on the south side of West Ninth street which croses the Alley between Main and Locust streets between Schneider Drug Company and Harkett's Floral Shop, presented and read. Councilman Mur- phy moved to refer the Notice of Claim to the City Solicitor for investigation and report. Seconded by Councilman Van Duelman. Carried by the follow- ing vote: Yeas—Mayor Clark, Coun- cilmen Murphy, Thompson, Van Duel - man, Wharton. Nays—None. Notice of Claim of Mrs. Fannie R. Qua�iel in the amwuuii of $500.00 for personal injuries received in a fall on rough and uneven ice on the sidewalk on the south side of West 8th Street a few feet east of the Alley between Main and Locust Streets and adjacent to the store of Montgomery Ward Com- pany, presented and read. Councilman Murphy moved to refer the Notice of Claim to the City Solicitor for investi- gation and report. Seconded by Coun- cilman Thompson. Carried by the fol- lowing vote: Yeas—Mayor Clark, Councilmen 'Murphy, Thompson, Van Duelman, Wharton. Nays—None. Notice of Claim of Miss Nan Mc- Cafferey in the amount of $5,000.00 for personal injuries received in a fall on rough, rounded, and uneven snow and ice upon the westerely crosswalk at the intersection of West 13th Street and Main Street, presented and read. Coun- cilman Murphy moved to refer the No- 34 Special Session, February 27th, 1939. tice of Claim to the City Solicitor for investigation and report. Seconded by Iowa in the improvement of Printary Road No. U. S. 20 Councilman Van Duelman. Carried by out of Dubuque west, presented and read. Councilman the following vote: Yeas—Mayor Van Duelman moved to refer the Clark, Councilmen Murphy, Thompson, notice to the City Manager and City Solicitor Van Duelman, Wharton. Nays—None. for investigation and report. Seconded Original Notice of Suit of John Al- Berson, Plaintiff, vs. Louis Schmitt and by Councilman Thompson. Carried by the following vote: Yeas—Mavor Clark, Mary Schmitt, City of Dubuque, et al, Defendants, of the foreclosure of a cer- Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None, tain mortgage deed upon the following real estate; the west half of the south- Notice to George If. Haas, City of Dubuque and Dubuque County east quarter of Section 23 in Township 89 north, Range 1 east of the 5th P. It., Treasu- rer in the matter of Condemnation of a presented and read. Councilman Mur- portion of Lots 16 and 17 in Babcock's Addition by the Iowa State phy moved to refer the Original Notice Highway Commission for the use of Suit to the City Solicitor. Seconded by Counciluman Thompson. Carried and benefit of the State of Iowa in the improvement of Primary Road No. by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, U. S. 20 out of Dubuque west, andesented read. rDueln oto Van Duelman, Wharton. Nays—None. Councilman a lman Van n refer the notice to the City Manager Original Notice of Suit of Patricia Ann Murphy, by William Murphy, her and City Solicitor for investigation and report. Seconded next friend, in the amount of $1,000.00 for injuries by Councilman Thompson. Carried by the following personal received by Pa- tricia Ann Murphy due to a defective Vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van condition upon the sidewalk abutting Duelman, Wharton. Nays—None. the premises known as No. 157 South Locust Street, presented and read. Notice Isabelle Van Driel, City of Councilman Murphy moved to refer the a Dubuque and Dubuque County Treasu- Original Notice of Suit to the City So- licitor. Seconded by Councilman rer in the matter of Condemnation all of Lots 42 and 43 in Babcock's Thompson. Carried by the followingtion Thompson. Addi- by the Iowa State Highway Coni - vete: Yeas—Mayor Clark, Councilmen �l urphy, Thompson,Van Duelman, mission for the use and benefit of the State of Iowa in the improvement Wharton. Nays—None. of Primary Road No. U. S. 20 out of Du- buque west, Notice of Hospital Lien and state- ment of filing of St. Joseph Mercy Hos- presented and read. Coun- cilman Van Duelman moved to refer the notice pital to Mrs. John V. Roschitsch and City of Dubuque, to the City Manager and City Solicitor for investigation and presented and read. Councilman Van Duelman moved to re- re - port. Seconded b Y Councilman Thomp- fer the notice to the City Solicitor for investigation Yeas—Mayor Clark, and report. Seconded by Councilman Wharton, Carried by Councilmen Mur - phy, Thompson, Van Duelman, Whar- ton. the vote: Yeas—Mayor Clark, Nays—None. Y None. Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Notice to C. B. Trew•in, City of Du- bugle and Dubuque County Treasurer in Notice to Susanna Andre, City of Dubuque and Dubuque County Try the matter of Condemnation all of Lots 11 and 12 in Sister's Addition rer in the matter of the Condemnation Of Lots 24, 25 and 26 in by the Iowa State Highway Commission for the use and benefit Babcock's Ad- dition by the Iowa State Highway of the State of Iowa in the improvement of Primary Road Commission for the use and benefit of the State of Iowa in the improvement No. U. S. 20 out of Dubuque west, presented and read. Councilman of Primary Road No. U. S. 20 out of Dubuque Van Duelman moved to refer the notice to the west, presented and read. Councilman Van Duelman moved to refer the Solicitor for invest gaty tionaand report. er and tySeconded by Councilman notice to the City Manager and City Solicitor for investigation Thompson. Carried by the following and report. Seconded by Councilman Thompson. vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, vote: aCaryor rled by he fonolmen Wharton. Nays—None. Murphy, Thompson, Van Duelman, Wharton. Nays—None, and Labor d Labori Congress ss on of together ea Dubuque and Dubuque County ie, Cityof u with resolution that was passed by the Mill - workers of Dubuque, Iowa, and adopt- the Dubuque rer rea the matter of Condemnation of all of Lot C Trades and Labor Congress, relative to the Dubuque 25 Sister's Addiion b y the Iowa State Highway Commission employing of Labor first before bringing in workers from out for the use and benefit of the ing State of of the local employers ofaMillm ne to give consideration to Dubuque work- Special Session, February 27th, 1939. 35 men particularly those that have' worked in the plants before and had been laid off when work was slack, pre- sented and read. Councilman Van Duelman moved to refer the communi- cation and resolution to the City Coun- cil. Seconded by Councilman \Wharton. Carried by the following vote: Yeas— Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, R'harton. Nays—None. Resolution adopted by the Millwork- ers Local 1646 relative to the employ- ing of Dubuque Labor first before bringing in workers from out of town and requesting that local employers of Millmen give first consideration to Du- buque workmen, particularly those who have worked in the plants and had been laid off when work was slack, present- ed and read. Councilman Van Duel - man moved to refer the resolution to the City Council. Seconded by Coun- cilman Wharton. Carried by the fol- lowing vote: Yeas—Mayor Clark, Coun- cilmen Murphy, Thompson, Van Duel - man, Wharton. Nays—None. Resolution adopted by the Interna- tional Association of Machinists rela- tive to the employing of Dubuque labor first before bringing in workers from out of town and requesting that local employers of metal tradesmen be asked to give first consideration to Dubuque workmen, particularly those who have worked in the plants before and had been laid off when work was slack, presented and read. Councilman Van Duelman moved to refer the resolution to the City Council. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of Curtis -Straub Co„ re- questing cancellation of their excava- tion bond with the Fidelity and De- posit Company as they have changed their insurance carrier, presented and read. Councilman Wharton moved that the request be granted. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Clark Councilmen Murphy, Thompson, Var Duelman, Wharton. Nays—None. Petition of Continental Casualt} Company requesting cancellation of their liability on the excavation bond o Nesler & Buechel as of February 9th 1939, presented and read. Councilmal Wharton moved that the request bi granted. Seconded by Councilman Van Duelman. Carried by the follow inp vote: Yeas—Mayor Clark, Colin cilmen Murphy, Thompson, Van Duel man, Wharton. Nays—None. Petition of Dubuque Printing Press men and Assistants Union No. 225, re questing permission for to hold a car rival from May l5th, to and including \lav 21st. 1939, on the City owned property on Fourth Street $xtension and further requesting that both the license fee and rental charge be waived, presented and read. Councilman Van Duehnan moved that the request be granted and that the license fee and rental charge be waived. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mavor Clark, Councilmen :\lurphy, Thompson, Van Duelman, X`'harton. Nays—None. Petition of William C. Brown and NN'illiam L. Jones, owners of Lots 33 and 35 of Grandview Heights, request- ing the vacation of the unnamed street on which the above mentioned lots abut ,from Plymouth Street southerly to the end of the street, which is at the south- erly end of said lots and advising Coun- cil that they desire to acquire title to the street area if the same is vacated and in consideration of the vacation and transferring of the title from the City of this street in two parcels, they offer $150.00 in full payment, presented and read. Councilman Van Duelman moved to refer the petition to the Plan- ning and Zoning Commission for rec- onunendation and report. Seconded by Councilman Wharton. Carried by the folio-,ying vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None Petition of Lillian L. Hargus, refer- red to the City Council by the Board of Supervisors, requesting suspension of the 1938 taxes on Lot 1 of 1 of 1 of City Lot 667, presented and read. Coun- cilman Thompson moved to refer the petition to the City Solicitor for inves- tigation and report. Seconded by Councilman Murphy. Carried by the folio-,ving vote: Yeas—\layor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Ordinance No. 2-39. An Ordinance granting to the Grand Opera House, Inc., owner, its heirs and assigns the right to construct and maintain a can- opy in front of the Strand Theatre, over the sidewalk abutting the North 53 1/5 feet of City Lot 466 in the City of Dubuque, Iowa, and prescribing the conditions of such permit, said ordin- ance having been passed upon first and second readings on February 6th, 1939, presented and read a third time. ORDINANCE 2-39. An Ordinance granting to the Grand Opera House, Inc., owner, its heirs and assigns the right to construct and main- tain a canopy in front of the Strand Theatre, over the sidewalk abutting the North 53 1/5 feet of City Lot 466 in the 36 Special Session, February 27th, 1939. City of Dubuque, Iowa, and prescribing the conditions of such permit: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: Paragraph 739, Section 1. That the Grand Opera House, Inc., owner, its heirs and assigns, be, and it is hereby granted the right and author- ity to construct and maintain a canopy in front of the Strand Theatre, over the sidewalk abutting the North 53 1/5 feet of City Lot 466 in the City of Dubuque, Iowa, such canopy to be ten (10) feet above said sidewalk, twenty-nine feet (29 ft.) long, and ten (10) feet wide, and to be attached to the building lo- cated upon said lot and constructed over the entrance to the Strand The- atre, located thereon, according to the plans filed with the building commis- sioner of the City of Dubuque, and to be built under the supervision of the building commissioner of the City of Dubuque. Paragraph 740, Section 2. It is understood and provided that such right, license and permission is herein granted, subject to the payment and assumption by the said Grand Op- erat House, Inc., owner, of the cost of publication of this ordinance and sub- ject to the continuous control of the City Council of the City of Dubuque, reserving the right to impose restric- tions or conditions upon the enjoyment thereof, as may reasonably be necessary for the protection of the public inter- ests, including the right to revoke and rescind such permission if at any time the public interests should require such revocation. If, and when such permit, right and license is revoked by the City Council, Grand Opera House, Inc., its heirs or assigns, shall remove such can- opy at their own expense, or restore such part of the sidewalk as has been occupied thereby to the same condition as it was in prior to the construction of such canopy. Paragraph 741, Section 3. 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 here- under shall accrue to said Grand Opera House, Inc., its heirs and assigns when the provisions hereof shall have been accepted by them. That the cost of publication of this ordinance, enacted for the benefit of the Grand Opera House, Inc., shall be borne by the Grand Opera House, Inc., of Dubuque, Iowa. Passed upon first and second read- ings this 6th day of February, 1939. Passed, adopted and approved upon final reading this 27th day of February, 1939. CARL A. CLARK, Mayor. FRANK VAN OUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. ACCEPTANCE OF ORDINANCE BY OWNER Grand Opera House, Inc., owner, of the North 53 1/5 feet of City Lot 466 in the City of Dubuque, Iowa, does hereby accept the terms, provisions and conditions of the ordinance adopted by the City Council of the City of Du- buque, designated as: `Ordinance No. 2-39." "An ordinance granting to the Grand Opera House, Inc., owner, its heirs and assigns the right to construct and maintain a canopy in front of the Strand Theatre, over the sidewalk abutting the north 53 1/5 feet of City Lot 466 in the City of Dubuque, Iowa, ,and pre- scribing the conditoins of such permit:" this 28th day of February, 1939. GRAND OPERA HOUSE (INC.) Owner. By JOHN H. MACLAY, Secretary. Published officially in the Telegraph - Herald newspaper March 1st, 1939. J. J. SHEA, 3-1-1t. City Clerk. Councilman Van Duelman moved the adoption of the ordinance. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Clark, Councilman Murphy, Thompson, Van Duelman, Wharton. Nays—None. Report of the Board of Health for the month of January, 1939, presented. Councilman Thompson moved that the report of the Board of Health for the month of January, 1939, be received and placed on file. Seconded by Coun- cilman Murphy. Carried by the fol- lowing vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. February 27, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the session of the City Council, held January 30, 1939, the petition of J. J. Ludescher & Son, et al, requesting Special Session, F the extension of the parking limits on Eighth Avenue to the intersection of Hill Street and Julien Avenue was re- ferred to the City Manager, Chief of Police, and Chief of Fire Department for investigation and report. We have made investigation of the situation in regard to parking and rec- ommend that the traffic ordinance be amended to restrict parking to one hour on Eighth Avenue from Bluff Street to the intersection of Hill Street and Julien Avenue. Respectfully submitted, A. A. RHOMBERG, City Manager. JOS. H. STRUB, Chief of Police. WM. L. RYAN, Chief of Fire Department. Councilman Thompson moved that the recommendation of City Manager Rhomberg, Chief of Police Strub and Fire Chief Ryan be approved and the City Solicitor instructed to prepare a proper ordinance. Seconded by Coun- cilman Van Duelman. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. February 27, 1939 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the session of the City Council held February 6, 1939, the petition of Fischer Investment Co., et al, request- ing that "non -parking" be extended on Locust Street from 4th Street to 3rd Street was referred to the City Man- ager, Chief of Police and Chief of Fire Department for investigation and re- port. We have made an investigation of this situation and from our findings conclude that the requested change is not justified. We, therefore, recom- mend that the petition be denied. Respectfully submitted, A. A. RHOMBERG, City Manager. JOS. H. STRUB, Chief of Police. WM. L. RYAN, Chief of Fire Department. Councilman Wharton moved that the recommendation of City Manager Rhomberg, Chief of Police Strub and Fire Chief Ryan be approved. Second- ed by Councilman Murphy. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. 27th, 1939. 37 February 10, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I herewith submit the reports of the City Auditor, City Treasurer, and City Water Department for the month of January, 1939, also a list of claims and list of payrolls for which warrants were drawn during the month of January, 1939. Respectfully submitted, A. A. RHOMBERG, City Manager Councilman Van Duelman moved that the reports be received and placed on file. Seconded by Thompson. Car- ried by the following vote: Yeas— Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. February 24, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have approved the following Excavation Bonds and desire to have your approval on same for filing: Curtis -Straub Co., 1069 Main Street— Policy No PL -43081, Bituminous Casualty Corp. Mullen Bros. Co., 1036 Main Street— Bond No. 53481, Continental Casu- alty Co. Nesler and Buechel, 1043 Main Street —Fidelity and Deposit Co. of Mary- land. Respectfully submitted, A A. RHOMBERG, City Manager. Councilman Murphy moved that the bonds be approved and placed on file. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas— Mayor Clark, Councilman Murphy, Thompson, Van Duelman, Wharton. Nays—None. February 27, 1939 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Mr. Carl A. E. Dieterich, 806 Semin- ary Street, the owner of the South 125 feet of Lots 17 and 18 of Littleton and Sawyer's Addition desires to promote the sale of his property to another party for building purposes. Each lot has a frontage of 40 feet on Seminary Street and contains 5,000 sq feet. Para- graph .e) of Section 3 of the Zoning Ordinance 3-34 provides as follows: "Lot Area Per Family. No Dwelling 38 Special Session, February 27th, 1939.` shall be erected or placed on a lot con- taining less than six thousand (6,000) square feet or a width less than fifty (501 feet. Nothing in the area regula- tions of this ordinance relating to lot area per family shall be held to pro- hibit the erection of a one -family dwell- ing upon a lot, the area of which is less than that prescribed as the minimum lot area per family, provided such lot was held under separate ownership from the adjacent lots, and a recorded plat of lots or subdivision of property shows such lot to be separate and dis- tinct at the time of passage of this or- dinance. Vacant adjacent lots held by the same owner at time of the passage of this ordinance shall be replatted to provide the required lot area per fam- ily before any building is erected or placed thereon." The City of Dubuque is the owner of Lot 16 of Littleton and Sawyer's Ad- dition adjacent to Mr. Dieterich's prop- erty. I recommend that the City Coun- cil view the grounds and consider the idea of selling Lot 16 to Mr. Dieterich in order to permit him to replat his property plus Lot 16 into two buildnig sites. Respectfully submitted, A. A. RHOMBERG, City Manager Councilman Van Duelman .moved that the recommendation of City Man- ager Rhomberg be approved. Second- ed by Councilman Wharton. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thomps- son, Van Duelman, Wharton. Nays— None. February 27, 1939 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The Midwest Lumber Co., owner of Lot 28 of O'Neill's Riverview, desires to promote the sale of this lot to a pros- pective builder under an F. H. A. loan. The lot frontage of 40 feet on O'Neil Street is not enough to meet F. H. A. requirements. The City of Dubuque owns Lot 29 of O'Neil.s Riverview adjacent to the Lot in question. I recommend that the City Council view the grounds and consider selling Lot 29 in order to promote the building of a home. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Van Duelman moved that the recommendation of City Man- ager Rhomberg be approved. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. February 14, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The terms of Richard V. McKay and Fred E. Bissell have expired on the Planning and Zoning Commission. It will therefore be necessary that the City Council make appointments to this Commission. Respectfully submitted, A. A. RHOMBL;RG, City Manager. Councilman Thompson moved that Mr Richard V. McKay and Fred h;. Bissell be reappointed as members of the Planning and Zoning Commission for the term expiring May 24th, 1943. Seconded by Councilman Murphy. Car- ried by the following vote: Veas— Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. February 14, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The term of Rev. J. M. Wolfe as a member of the Board of Zoning Ad- justment will expire March 5, 1939. It is therefore necessary that the City Council make appointment to this Board for a five year term to expire March 5, 1944 Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Wharton moved that Rev. J. M. Wolfe be reappointed as a member of the Board of Zoning Adjust- ment for the term expiring March 5th, 1944 Seconded by Councilman Van Duelman. Carried by the following vote: Ytas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 31-39. Whereas, application for Beer Per- mits 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 ap- application be and the same are hereby approved and it is ordered that the premises to be occupied by such appli- cant shall be forthwith inspected. IRK Special Session, February 27th, 1939. 39 Class "B" Permit Name Address James Slack (Transfer of address from 84 Main St.) ------- 1200 Iowa Street Louis J. Hesling and Donald M. Pins-- --------------- 1555 ins_________________1555 Central Avenue Mrs Lucille Jansen --- 504 Central Ave. Esther Wright and Roy A. Wright-- --------------- 2600 right_________________2600 Central Avenue Earl Kluck----- 500 Rhomberg Avenue Henry Grimme and Elizabeth Grimme _______________310 East 30th Street Arnold Mathis______ 2319 Prince Street Hubert M. Fischbach---------------- --------------- 1255 ______________________________1255 Central Avenue Class "C" Prmit Erwin Grab ------ 1575 Central Avenue Passed, adopted and approved this 27th day of February, 1939. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT 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 Thompson. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 32-39. Whereas, heretofore applications were filed by the within named appli- cants for Beer Permits and they re- ceived the approval of this Council; and Whereas, the premises to be occupied by them have been inspected 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 following named persons a Beer Permit.' Class "B" Permit Name Address James Slack (Transfer of address from 84 Main St.) ------- 1200 Iowa Street Louis J. Hesling and Donald M. Pins ___1555 Central Avenue Mrs. Lucille Jansen -__504 Central Ave. Esther Wright and Roy A. Wright-_ ___2600 Central Avenue Earl Kluck_____500 Rhomberg Avenue Henry Grimme and Elizabeth Grimme ----------------310 East 30th Street Arnold Mathis______ 2319 Prince Street Hubert M. Fischbach -------------- ---------------1255 Central Avenue Class "C" Permit Erwin Grab -_____1575 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 27th day of February, 1939. CARL, A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT 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 Murphy. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. City of Dubuque, Iowa. Resolution No. 33-39. Be It Resolved, By the City Council of the City of Dubuque, Iowa: Whereas, The Federal Emergency Administration of Public Works has requested that the City of Dubuque, Iowa, adopt a new resolution showing a revised estimate on the finances and a further breakdown on certain items of PWA Project 1684-F; Improvements to Water Works System; Now, Therefore, Be It Resolved, by the City Council of the City of Du- buque, that the new revised estimated cost of PWA Project 1684-F is as fol- lows: 1. Preliminary _____________$ 500.00 2 Land and right of way-___ .00 3. Construction ____________ 151,629.00 Previous Contracts Awarded: Contract No. 1 Well ---- $17,542.00 Contract No. 2 Reservoir 38,365.00 Contract No. 4 Building Construction _________ 52,769.00 Contract No. 5 Heating and Plumbing ________ 14,978.00 Contract No 6 Electrical Work ---------------- 1,200.00 Bid received Jan. 26, 1939: Contract No. 3 Pump_-__ 11,275.00 Future Contracts are Estimated as follows: Contract No. 7 Deep Wel Pump --------------- $ 8,000.00 Contract No. 8 Pump House ________________ 2,000.00 Contract No. 9 Supply Main from Pump House----- 5,500.00 4. Engineering ------------- 8,500.00 5. Legal and Administration__ 500-00 6. Interest ------••----------- .00 7. Miscellaneous _-____------ Total Estimate of Construc- tion Contracts ----------- $161,129.00 Funds Available PWA Grant$67,500.00 City of Dubuque Funds - 95,000.00 Deposited -------------- $162,500-00 40 Special Session, February 27th, 1939. Be It Further Resolved, that this resolution being deemed urgent and of immediate necessity become effective from and after its final passage and adoption by the City Council. Passed and adopted this 27th day of February, 1939. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT 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 Wharton. Carried. by I the following vote: Yeas—Mayor Clark, Councilmen Murphy, ThorMp- 'son, Van Duelman, Wharton. Nays— II None. Ordinance No. 4-39. An Ordinance granting to E. E. Frith Company, Inc., the right to lay, construct and maintain a 10 inch sewer in Eighteenth Street, said sewer beginning at a point on the lot line of the Southerly side of Eigh- teenth Street, and 36 feet Easteriv from Sycamore Street, and extending 32 feet in a Northerly direction to the center of Eighteenth Street, and thence in a wes- terly direction in the center of. Eigh- teenth Street, a distance of approximate- ly 240 feet to connect with B -Branch Sewer, presented and read. Councilman Van Duelman moved that the reading just had be considered the first reading of the ordinance. Seconded by Coun- cilman Wharton. Carried by the fol- lowing vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman,lVharton. Nays—None. Coun- cilman Van Duelman moved that the rules be suspended requiring an ordi- nance to be read on three separate days. Seconded by Councilman Wharton. Carried by the following vote: Yeas— Mayor Clark Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. The ordinance was then read a second time. Councilman Van Duelman moved that the reading just had be considered the second reading of the ordinance. Seconded by Coun- cilman Wharton. Carried by the fol- lowin, vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. February 24, 1939. Honorable Mayor and City Council, DuhugUe, Iowa. Re: Claim of H. M. Bradley. Gentlemen: On February 15, 1939, there was re- ferred to me for investigation and re- port claim of H. M. Bradley, filed on February 2, 1939, in the sum of $19.83 for damages to his milk truck sustained January 21, 1939, alleged to have been due to the poor condition of an alley between Audubon and Adair Streets. I have completed investigation of this claim and find that this accident was due to the slippery condition of the al- ley due to recent rains, snow and freez- ing, and not to any defect in the street. It is my opinion that no liability ex- ists on the part of the Citv of Du- buque, and I, therefore, recommend that the claim be disallowed. The claim referred to me is herewith returned. Respectfully submitted, AL. J. NELSON, City Solicitor. Councilman Murphy moved that the reco.Viw indation of City Solicitor Nei - son be approved and the claim disal- lowed. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. February 27, 1939. Honorable Mayor and City Council, Dubuque, Iowa. Re: Claim of Osweiler Van Service. Gentlemen: In accordance with your directions, I have completed investigation of a claim filed on September 14, 1938, by the Os- weiler Van Service in the sum of Eighty ($80.00) Dollars, for damages to a truck alleged to have been sus- tained on September 6, 1938, and due to the overhanging limb of a tree on Merz Street. Investigation discloses that this acci- dent happened during or just after a very heavy rain, and that the limb of the tree in question was at the time weighted down with rain, which caused the limb to sag, and that the condition then existing was due to no fault on the part of the City, and was open and obvious and could have been seen by a careful driver, and I find no liability on the part of the City, and therefore rec- ommend that the claim be disallowed. The claim referred to me is herewith returned. Respectfully submitted, AL. J. NELSON, City Solicitor. Councilman Thompson moved that the recommendation of City Solicitor Nelson be approved and the claim dis- allowed. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Clark, -Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Special Session, February 27th, 1939. 41 There being no further business, Councilman Wharton moved to ad- journ. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. J. J. SHEA, City Clerk. Approved -� 1939. �% AJ Adopted .i01- leg &!--- 1939. Counci Attest: --- City Clerk. 42 lar Session•, March 6th, 1939. City Council (Official.) Regular Session, March 6th. 1939. Council met at 8:20 1'. \I. Present—\layor Clark, Councilmen Jlurphy, \'an Duelman, Wharton, City Manager Rhomberg. Absent—Council- nian 'Thompson. ,\I ayor Clark stated that this is the regular monthly meeting of the Cit_; Council for the purpose of acting upon such business as may properly come before the meeting. Notice of Claim of :Marcella Re\enig in the amount of $100.00 for per>onai injuries received in a fall on an icy ,i(le- walk on the south side of Kightecuth Street between Central A\cnue and White Street in front of Juergen's Gar- age, presented and read. Councilman \Vharton moved to refer the Notice of Claim to the City Solicitor for inves- tigation and report. Seconded by Coun- cilman Van Duelman. Carried by the following vote: Veas—Mayor Clark, Councilmen NIurphy, \'an Duelman, \Vharton. Nays—Nonc•. Absent— Councilman 'Thompson. Notice of Claint of 'XMrs Dorothea Link in the aniount of $600.00 for per- sonal injuries received in fall on at icy sidewalk in front of the butcher shop operated by Herbert F. Smith located at -472 Hill Street, presented and read. Councilman Murphy moved to refer the Notice of Claim to the City Solicitor for investigation and report. Seconded by Councilman Van Duelman. Carried I)%, the follotying vote: Yeas—Mayor Clark, Councilmen ll urphy, Van Duel - man, Wharton. Nays—None. Absent —Councilman 'Thompson. Communication of Robert L:. Clancy submitting application for appointment as a member of the Board of Assess- ment and Review for the year 1939, pre- sented and read. Councilman Murphy moved that the communication be I - ceived and filed. Second -1 be Council - mail Van Duelman. Carried 1)y the fol- lowing vote: Yeas—\layor Clark, Councilmen \Iarphy, Van Duelman, Wharton. Nays—None. Absent— Councilman Thompson. Petition of \Ir>. Helen L. Hansel re- questing a refund on her cigarette per- mit as she has discontinued business as of February 28th, 1939, at the Crescent Street Shop at 1048 :\fain Street, pre- sented and read. Councilman Vali Duelman moved that the request be granted and that a warrant in the amount of 525.00 be ordered drawn in favor of \I rs. Helen E. Hansel to co-1- tile oy c -the amount of refund granted on her cigarette permit. Seconded by Council- man Murphy. Carried by the following vote: Yeas—Mayor Clark, Couricil- 43 mc•n \lurphy, \'an Duelman, Wharton. Nays -None. .\hsent—Councilman I honil),on. Petition of .\rt Avenarin, requesting a parlcilu! permit in the rear of hi; place of business at the J. & R. Coarage locat cel in tilt' 1000 Block tilt Main Street. prc,cnted allot read. Councilman \'an Dueinan nioced to refer ill(- petition t:• the City Council. Seconded by Coun- cilman Miu-phy. Carried by the follow - inn cote: \'cas—\lavor Clarks Coun- cilmun Morph\. Vat Duelman, \Vhar ton. Na\,s—\onc. :\bsent--Cotincil- wall Thompson. Ordinance No. 3-39 .\n ordinance :unending and changing tilt' zoning \lap of the Cit c of Diihn(pic a,� provid- ed bt Or(linaw-c No. 3-34, de;ignated • zoning Ordinance Of the Citv of Du- hncfuc." ,o as to change to •''Cwo-Rani ily Ke,idcncc District" certain defined territor\, now delimited as "'Single -Fane ily Rc,;dencc District," and dcclarinL; an cnicrgcncy, said ordinance having been passed upon lirst and second read- ings on February 27th, 1939, presented and rept a thir(I tinie. ORDINANCE 3-39 :\n ordinance antcildint and ch:ou; ing tilt,/.utiing Map ni the pityoi Du- huquc a, provided by Ordinance N, 334, dU-;ig1iate(1 "Zoning Ordinance of the Cite of Duhu(luc," so as to change to T\"\o-Faniily Residence District" certain deflnrd territory now de•limitrd as "Single -Family Residence District," and (Icclaring all emergency. .\. M. Place, IZe•ceiyct- of the CUil,obdatcd National Batik of Dubn(Inc, hm*a, has petitioned the Cite Council to amend the Zoning Map of the Cite of Dtthutluc as provide(I b\, ( )I - n:ntcc 3-34 dc,i�411atccl a, '%oninu Or- livancc if the City of Duhu(111(,•• — a� to ch;tngc to •"I'\" (-Rariiil\, kc-i(lenc( District" the South hive I�(ct (S 5 it.i Of I,ot Seven (7) and I, I Hight (i). Nine (9) and Ten 011 of I:lock "Three (3 ) in Grandvit w Park :\ddition in the Cit\, of Duhuquc, owned by ,aid Re- cc•ii•er, and now being dclimitc l a' "`single -Family Rc•,idcncc District,•• and w H 1.,. 1l h,:\S, it i; deemed advisable b\, this Council to anacud the Zoning \lal of tilt' City of Dubugtt(• a, provid- ed ht Ordinance No. 3-3.1. dcsiatcd ,as 'Zoning Ordin:uicc• of the C'gnitc of Uttbuque,' ,� a, h) change to " I 'No- Raui5ly Residcnce District" certain de - lined tcrritorc now delimited as "Sin- gle -Fancily 1 c,idrncc 1)i.u'ict ;ut(I P R I., notice of such propo,t d change ha, been published as provided by la.. ; u(1 all opportunity ha; been atTurdcd to all interested parties to ob- jcct thereto at a public nutting held on February 27th. 1939. 44 Regular Session, March 6th, 1939 WHERLAS, no objections have been filed to the proposed changes: NOW, THEREFORE, Be It Or- dained by the Citv Council of the Cit. of Dubuque: Paragraph 742, Section I. That the Zoning \fall be, and the same is hereby amended and changed as follows: By changing from "Single -Family Resi- dence District" to "Two -Family Resi- dence District" the South Five Feet S. 5 ft.) of Lot Seven (7), and Lots Eight (S), Nine (9), and Ten (10) of Block 'Three (3) in Grandview Park Addition in the City of Dubuque. Paragraph 743, Section 2. That the cost of publication of this ordinance en- acted for the benefit of A. M. Place, Receiver of the Consolidated National Bank of Dubuque, Iowa, shall be borne In said A. M. Place, Receiver of the Consolidated National Bank of Du- huquc, Iowa. Paragraph 744, Section 3. This ordi- nance being deemed urgent and of im- mediate necessity shall be in force and effect from and after its final passage, adoption and approval by the City Council, and publication as provided by lay. Passed upon first and second read- ings this 27th day of February, 1939. Passed, adopted and approved this 6th day of March, 1939. CARI, A. CLARK, Mayor. FRANK VAN DUEL\IA\, ALBERT WHARTON, GEO. R. MURPHY, Attest:J• J. sHFACouncilmen. , City Clerk. Published officially in the Telegraph - Herald newspaper March 9th, 1939. 3-9-]t J. J. SHEA, City Clerk. Councilman adoption orf the Ordirnanca e.Seconded n moved tb) Councilman Wharton. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Van Duelman Wharton. Nays --Nolle Absent— , Councilman Thompson. Ordinance No. 4-39. grantinAn ordinance g to F. E. Frith Company, Inc., the right to lay, construct and maintain a 10 -inch sewer in Eighteenth S said sewer beginningtreet, at a point on the tee lot line of the Southerly side of Eigh- nth Street, and 36 feet Easterly from Sycamore Street, and extending 32 feet in a Northerly direction to the center of F,ighteenth Street, cmd Westerly directiothence in n a in the center a Eighteenth Street, a distance proximately 240 feet to connectt ap- the B-Brwith anch Seaer, said ordinance having been passed upon first and sec- ond readings presenton February 27th, 1939,, ed and read a third time. ORDINANCE NO. 4.-39, An Ordinance granting to G. I?. Frith Company, Inc., the right to lay, con struct and maintain a 10 inch sewer in Eighteenth Street, saidsewer begin- ning at a point on the lot line of the Southerly side of Eighteenth Street, and 36 feet Easterly from Svc;un,,,•e. Street, and extending 32 feet in a Nor. therly and to the center of I:i,,h teenth Street, and thence in a \\'esterlc direction in the center of Eighteenth Street, a distance of approximately NO feet to connect with the B Branch sewer. BFIT 0RDAINE1.) BY THF: ClTi' COUNCIL, OF THF CITN- OF DUBUQUE: Paragraph 745, Section 1 That the right and privilege be. Mid the same is herebv granted to F. 1: Frith Company, Inc., to build, Con struct and maintain a 10 inch sewer in Eighteenth Street, said sewer beginning at a point on the lot line of the South- erly side of P,ighteenth Street, and ,;o feet Easterly from Sycamore Street, and extending 32 fret in a Northerk direction to the center of 1?ightecnth Street, and thence in a Westerly direc- tion in the center of Eighteenth Street, a distance of approximately 2.10 feet to connect with the B Branch sewer, the same to be used in connection with the business of the said F_ T'_ Frith Com- pany, Inc. Paragraph 746, Section 2. That the cost of constructing and maintaining said sewer shall be borne by said E. F. Frith Company, inc., grantee herein, and that the construc- tion of :+aid sewer and all of the work incident to the construction thereof shall be done under the supervision of the City Engineer. Paragraph 747, Section 3. That the surface of said street in which said sewer is to be constructed shall he restored to as good condition as before disturbed, after the work has been completed, at the expense of the grantee herein. Paragraph 748, Section 4. That the cost of publication of this ordinance, enacted for the benefit of the E. F. Frith Company, Inc., shall be borne by said F. F. Frith Company, Inc, of Dubuque, Iowa. Paragraph 749, Section S. This Ordinance being deemed urgent and of immediate necessity and for the rith r in the eet, lore for- gll- ,rh• nth 2.0 nch Regular Session, March 6th, 1939, 45 preservation of the public peace, health and safety, shall he in force and effect from and after its final passage, adop- tion and approval by the City Council and publication as provided by law. Passed upon first and second read- ings this 27th day of February, 1939. Passed, adopted and approved upon final reading this 6th clay of March. 1939. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Published officially in the Telegraph - Herald newspaper March 9th, 1939. J. J. SHEA, 3-9-1t City Clerk. Councilman Van Duehnan moved the adoption of the ordinance. Seconded by Councilman Wharton. Carried by the following vote: Yeas—.% -favor Clark, Councilman Murphy, Van Duel - man, Wharton. Nays—None. Absent —Councilman Thompson. Resolution No. 34-39. -Whereas, applications for Class "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 ap- plications be and the same are hereby approved and it is ordered that the premises to be occupied by such appli- cants shall be forthwith inspected. Class "B" Permit Name Address Mrs. Elsie Recker (Transfer of ad- dress from 399 East 20th Street _______________1766 Central Avenue Mrs. Anna Heiar_1990 \\'ashington St. Passed, adopted and approved this 6th day of March, 1939. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, 'City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Murphy. Carried b> the following vote: Yeas—Mayor Clark, Councilmen -Murphy, Van Duelman, Wharton. Nays—None. Absent— Councilman 'Thompson. Resolution No. 35-39. Whereas, heretofore applications were filed by the within named appli- cants for Class "B" Permits and they received the approval of this Council; and Whereas, the premises to be occupied by them have been inspected and found to comply with the ordinances of this City and they have tiled a proper hond: 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 following named persons a Beer Permit. Class "B" Permit Name Address Mrs. Elsie Recker ('Transfer of ad- dress from 399 East 20th Street --------------- 1766 Central Avenue Mrs. Anna Heiar-1900 \Vashington St. Passed, adopted and approved this 6th day of \larch, 1939. CARL A. CLARK, Mayor. FRANK VAN DIJELb1AN, ALBERT "'HARTON, Cd$O. R. AfItRPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Murphy. Carried by the following vote: Peas—Mavor Clark, Councilmen Murphy, \'an Duelman, \\'harton. Nays—Non. Absent— Councilman Thompson. Resolution No. 36-39. Be It Rv.olved, by the City Council of the City of Dubuque that the follow- ing, having complied with the provi- sions of law relating to the sale of cig- arettes within the City of Dubuque, he granted a permit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City: Name Address \Villiant H. Pfeffer (Fef's Score - hoard -------------1048 Main Street Be It Further Resolved that the bond filed with the application he ap- proved. Passed, adopted and approved this 6th day of March, 1939. CARL, A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT \\'HARTON, CEO. R. Mt'RPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Van Duel - man, \Vharton. Nays—None. Absent —Councilman Thompson. f, 46 Regular Session, \larch 6, 1939. March 6th, 1939. March 6, 1939. Honorable \favor and Cit), Council, honorable \layor and City Council, 'lova. Dubuque, Iowa. Dubuque, Re: Claim of John Wortley. Re: Claim of Mrs. Mae Goard. Gentlemen: Gentlemen: Prior to nny assunfnption of that office, On January 30, 1939, there was re- there was rcf(1rd to the City Solicitor furred to me for investigation and re- for illvCltio,'atil In and report, the claim port the claim of \Irs .\iae Goard tiled of John \\'ortic), filed February 5, 1937, January 25, 1939, in the sunt of $100,0() for personal injuries and property dam- for perm,nal injuries sustained by her age alleged to have been .1u:<taind on on December 21, 1938, said claim ;tl- Januar• 1.4, 1937, in claimant's sliding leging that said injuries were caused oft the end of Cleveland Avenue in by the defective condition of a sidewalk Cleveland Park in the City of Du- on \Vest Side of .Algona Street between buque, and over the diff adjacent Grace St. and Delhi Street in the City thereto, alleged to have been caused of Dubuque. by the negligence of the City in not I have completed investigation of this erecting guard rails at the end of said claim and find that at the time and ,,u•eet. place in question there were cement I beg to advise that investigation slabs or squares of this sidewalk that made of this matter discloss no lia- had been upraised by the roots of an bility on the part of the City, and f adjacent tree and upraised to such an therefore recommend that the claim be extent that a person might easily trip denied, upon the sante and fall. Respectfully submitted, I also find from investigation that AL. J. NELSON, \frs. Goard sustained injuries alleged City Solicitor. l,y her in her claim, and that she has Councilman Nlurphy moved that the been under a doctor's care for a consid- recommendation of City Solicitor Net- ,NIble length of time. son be approved and the claim be de- From the evidence adduced and as the nted. Seconded I>y Councilman Van result of said investigation made,. I re- m Duelman. Carried the following ypectfully recommend to _ your honor- vote: Yeas—\favor Cllaa rk, Councilmen able bode settlement of the claim in the Nf y, Van Duelman, Wharton. sunt of X76.25, and that upon the execu - Nays Nays—None. Absent—Couucilnuut n tioof a receipt and release by the Thompson. claimant \Irs. Alae Goard, a warrant be March 6, 1939. drawn in the sum of $76.25 payable to Honorable Alayor and City Council, \fes. Alae Goard in full settlement of Dubuque, Iowa. her claim in this matter. Gentlemen: Respectfully submitted, Prior to my assumption of that office, AL. J. NELSON, there teas referred to the City Solicitor City Solicitor. by the Council the claim of Samuel C. Dovi, filed April 3, 1937, in Councilman Van Duelman moved the sum of $266.90, for damages to his that the recommendation of City So- automobile alleged to have been sustained on Feb- licitor Nelson be approved and that a ruary d, 1937, and to have been due to warrant in the amount of $76.25 be or- tiered drawn the negligence of the city and caused by the icy in favor of Mrs. Mae Goard as settlement in fall of her condition of West Four- Street front Alta Vista Street per sonal injury claim and that said war- clai t said easterly, easterly. rant be (lei' to Ades. Goar- I beg to adcisc that f have upon the execution of a receipt and completed investigation of this claim and find no liability on the release hr the said Mrs. Alae Goard. Seconded by Councilman Wharton. part of the City and, ore, recommend that Carried by the following vote: Yeas— Yeas— be di the claint be disallowed, Mayor Clark, Councilmen Murphy, Van Yours very truly, Duelman, Wharton. Nays—None. Ab- sent—Councilman Thon,-tson. \1-• I. NELSON, City Solictior. \larch 6, 1939. Councilman \lurpin• tttoved that the recomntendati,,n Honorable Mayor and City Council. SO1 of City Solicitor Net- approved Dubuque, Iowa. and the Clain, be dis- allowed a alloeed Seconded by Councilman Re: Amendment to Traffic Ordinance Van Duelman• Carried by the Gentlemen: following rote: Peas—\favor Clark. Councilmen Murphy, Van pursuant to the directions of your Duelman, \Vharton. ltofnof•able body, I ant submitting here- hompNone. Absent Thompson. COu'ncilntan with ordinance amending the new "Traffic Ordinance" of to the extent extending one hour parking on Eighth Regular Session, March 6th, 1939. :\venue front Bluff Street to the inter- section of l.ighth :\ventre and Jtrliell Avenue. Furthermore, in connection with the revision of the 'traffic Ordinance, I submit herewith a proposed ordinance amending the original 'Traffic Ordi- nonce, the amendment providing that yiolatiou of the parking provisions of the 'Traffic Ordinance, the registration (elate displayed upon the motor ychicle involved in the violation shall constitute in evidence a prima facie presuntl,tion that the owner of the motor vehicle was the person who parked or placed the motor vehicle at the point where the violation occurred. I believe that this anicndnient nlav be necessary to the effective enforce- ment of the Traffic Ordinance and rec- ommend the adoption of the amend- ment. Respectfully submitted, AL. J. NELSON, City Solicitor Councilman Van Duelman moved that the communication and recom- mendation of City Solicitor Nelson be made a matter of record. Seconded by Councilman Murphy. Carried by the following vote. Peas—M ayor Clark, Councilmen Murphy, Van Duelman, Wharton. Nays—None Absent;— Councilman Thompson. Ordinance No. 5-39. An Ordinance amending Ordinance No. 1-39 entitled. "An Ordinance amending Ordinance 10-37" entitled: "An ordinance regulat- ing the use of vehicles upon the streets of the City of Dubuque: designating the provisions hereof as the "Traffic Code" of said City: repealing all ordinances or parts of ordinances in conflict here- with; and providing a penalty for viola- tion hereof;" by repealing Rule 43 of soh -title V, and Rule 101, Rule 103. Rule 104, and Rule 108 of sub -title IV of paragraph 609, Section 3 of said ordinance and enacting substitutes therefor and in lieu thereof, and by amending said Ordinance No. 10-37 by the insertion in addition to said ordi- nance of paragraph 609a Section 3a providing for the removal from streets and alleys and the custody of vehicles iound in violation of ally State law or City ordinance, by repealing subdivi- sioll (h) of Section 2 of Rttle 1118 of said ordinance No. 1-39 and enacting a substitute therefor and in lieu thereof. presented and read. Cotutcilni:ul \-;Int Duelman moved that the reading i11st had be considered the first reading of the ordinance. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Nlayor Clark, Councilmen Murphy, Van Duelman, \Vharton. Nays —None. Absent—Councilman Thomp- son. Councilman Van Duelman moved 47 that the rules be suspended requiring an M-dinance to he read on three sepa- rate dad Seconded by Councilman Wharton. Carried by the following rote: Ycas--\layor Clark, Counciluten \lurph�, Van Duchllan,\\•harton. N:,y- -None. Ah.,ent—Councilnlau "lona, son. The ordinance was then rc,ul second tints. C,iiincilt,tan \'an Uu nlan moved tL•at the reading iu,t I,:hI be considered the second re;uling of the ordinance. Scct,m?cd 1) \. Councihu::o Wharton, Carricd bo ibc iollowinc cote: Yeas-\laror CLo9<, l'ourtcilnu•n \Int-phy, Van Duelman, Wharton. Nays --None. Absent Comtt•ilntan Th(1111j)- Soil]. Ordin;mcc No. 6-39. An Ordinance antcudinti; ( h-dinance No. 10-37 entitled: ".\u ordinance I'cgulating the use of ve- hicles than the streets of the City of Dubutfuc: designating the provisions hereof as the "'Traffic Code" of said city; repe;ding all ordinances or parts of urdin.ntres in conflict herewith; and providing a persalt) for violation here- of:" b%' tLe insertion and addition to said ordinance of l,ar:tgraph hlla, Sec- tion 5A providing that in ;Ind• procecd- 1ng fon• the violation of the parlang luo- yisions of said ordin;otcc ill(' rcgi1tra- tion platedislda-cd than such motor vehicle shall constitute in evidence it prima facie presumption that the owner of such motor vehicle was the person who parked or placed such motor vehicle at the point tehere such viola- tion occurred, presented and read. Councilnlau Van 1)ul•I111tn uwved that the reading; just had be considered the first reading of the ordinance. Second- ed by Councilnlan Wharton. Carried by the following cote: Vcas—\favor Clark, Councilnn•n \1111-1111-, \'all Dtlel- nlan, \\ hari,m. Nays- Nonc. Absent ---Councilut;tn •1'hol,Ip_n. Councilman \•an Uuclnt;tn nloyed that the rules he susl,cnded requiring an ordinance to be read on three separate days. Seconded by Councilman \\•hartun. Carried by the following cote: Ycas—\layor Clark, Councilmen \I urphv, \rain Duelman, Wharton. Nass None. Absent— Councilman 'I hontpson. 'the ordinance was then read it secotul tithe. Council- man V;tn Duelman gloved that the reading Just had be considered the sec- ond reading of the ot-dinance. Second ed i)\,Councilnlau Wharton. Carried by ihr follotti11g cote: Yeas—Mayor Clark, Councilnteit \lurph Van Duel - man. \\'harton. Nays—None. Absent --G,uncilnl,,ttl Thompson. Resolution No. 37-39. \ resoltltiott in relation to the appro- 1,riation of the consolidated tax levy in ratio, as provided by law. for the fiscal vear beginning April 1, 1939, and end- ing \larch 31, 1940. 48 Regular Session, Whereas the City Council of the caused March 6th, 1939. 'kl)l 1, 1-939, to March 31, 1910, based upon estimated income and expense, City of Dubuque has heretofore be levied a consolidated tax in ac- for the various departments of the Cite to with the provisions of Section of Dubuque, including certain change,, cordance 0217 of the Code of Iowa 1935, included as were approved and authorized by the 'These which are the taxes for the Gen- Citv Council. estimates show within Grading, Improvement, Sewer and departmental appropriations for e;,ell era], light Funds, and the estimated revenue department for the precedin ye;,, to be derived from such tax has been ( 1938-39) and also the Increase. or de - determined to be $233,538.00, and it Is creases, as were determined for the en - now deemed necessary and advisable suing year (1939-40). to determine the ratio upon which such This budget is submitted to the Cite funds and purposes included therein: Council for tentative• approval and the Now, 'I']lerefore, same will be published as required be lie It Resoled by the Citv Council law in order that objections, theret"), of the City of Dubuque that the esti- may be made before final action is tali - mated revenue from the consolidated e•n on this budget by the City Comlcil. tax levy be and the same is hereby ap propriated in the ratio herein appor— tioned to the General, Grading, [in- A. A. R 1-10 M 13 F, RC, provement, Sewer and Light funds, Cita \tanager such sums to be set aside for the use of each of such funds, as provided by Councilman Wharton moved that the law, as follows: communication of City Manager Rhom- General Fund -------------$169,166.00 berg be made a matter of record. tier Grading Full(] ------------- 9,500.00 onded by Councilman Van Duchmw Improvement Fund -------- 13,500.00 Carried b\ the following vote: Yea> -- Sewer Fund --------------- 2,000.00 \favor Clark, Councilmen Murphy,\";n Light Fund --------------- 39,372.00 Duelman, Wharton. Nays—NWIJ. .\I tiellt—C011llC11111 all �TholllpS011. 'I' otal--------------$233,538.00 Be it further resolved that the esti- Councilman Wharton moved that the mated revenue to be derived from the rules be suspended for the purpose of allowing any one present in the Coun- tax upon agricultural lands within the City be appropriated in the cil Chamber, who wishes to do so, to sum of $105.00 to the General Fund, making the total of said General Fund $169,- address the Council. Seconded h� Councilman Van Duelnlan. Carried b.\ 271.00. the following •vote: Yeas—Mayor Clark, Be it further resolved that the provi- Councilmen 'Murphy, Van Duelnlan. Wharton. Nays—None. Absent— sions of this resolution are declared to be necessary as in the Councilman 'Thompson. Mr. John Bea preservation of the best interests of the City of Du- (Ile addressed the Council stating that he purchased lot from Voelker Re buque and the same shall take effect and be in force from a alty Company and now finds that upon and after the adop- tion hereof by the City Council, as making application for a permit to pro- aided by law. move a house that he has purcha-eel Passed, ado•)ted and a approved this 6thl 6th day w. laNo action upon this lot ataken t lie I bvl Council of March, 1939, CARL A. CLARK, flavor, FRANK VAN DUEL\I.1N, Resolution. ALBERT \VHARTON, (;R0. R. MURPHY, Whereas, information has come to Councilmen, Dubuque Typographical Union No. -". Attest: J. J. SI_lEA, Dubuque Printing Pressmen Union Cify Clerk. No. 225, and Bookbinders Union, that Councilman Van Duelnlan moved the adoption a new directory of the City of I)n- buque is being compiled here by the of the resolution. Seconded by Councilman \\'harton, R. L. Polk Company of Detroit, flichi Carried by the following vote; gan. This director is supported and Yeas—Mayor Clark, Councilmen ;Murphy, paid for by the business and proles Van Duelman, Wharton, Nays—None. sional people of Dubuque. Absent— Councilmall Thompson. lhir- Whereas, the Dubuque Typographic- al al Union, Pressmen's Union and Book - \March 6, 1939, 1 ° the Honorable binders are desirous of keeping all oI Mayor andits City Council, members employed and as there are Dubuque, Iowa. Gentlemen: a number of print shops in tile cit equipped to do work of this kind, [n accordance with the law, as accordance of Manager, I have la ala Ci •budget Therefore, Be It Resolved that the print shops in the city should be give" prepared for the pre ared fiscal all opportunity to print this directory. year thereby increasing the earnings of the Regular Session, March 6th, 1939. printers, pressmen and bookbinders Here who in turn spend all their incmne with the merchants in this city. All the funds needed for the printing of lhi; book conic from local :(lvertiscr:. (Signed) Dubuque 'Typographical Inion No. 22 Niel: G. i�icffer Dubuque Printing I'res.nucn and As- sistants Union No. 225, Dubuque Bookbinders 1'nion. Dubuque 'Trades & I,alwr C.)rngress 1?lrov If. Grashorn, Rec. Sec. 11. J. Hazewinkcl, V. 1'. Trades and Labor Congress \lessrs. Nick (,. 1Kietier, Arthur \I. Bennett, l,lroy I -I. Grashorn and \l. S. Roberts addressed the Council request- ing that the City Council take favorable action on the resolution as presented. Councilman Van Duelman moved that the resolution he received and made a matter of record and that the City Council go on record as being in favor of having the printing of said directo- ries done by Dubuque labor. Seconded by Councilman \lurpluy. Carried by the following vote: Yeas—Mayor Clark. Councilmen Murphy, Van Duelman, \\'harton. N:(rs None. Absent— Conncilman Thompson. \I r. \V. S Roberts addressed the Council, thanking the Council on be- half of the Dubuque 'Trades and Labor Congress for their action taken on the resolution. Resolution No. 38-39. Whereas, it has come to the attention of the City Council of the City of Dubuque that the people of the City of Dubuque are be- ing solicited to advertise in and sub- scribe for a new City Directory to he compiled, and v,,hich Evill be prepared and printed outside of the City of Du- buque, and Whereas, This Council has been giv- en to understand that such directory could he properly prepared and printed in the Citv of Dubuque, and believes that, in the interest of fairness and jus- tice to the printing craft of our City, such Directory should he prepared and printed in our City; Now, Therefore, Be It Resolved by the City Council of the City of Du- buque; that this Council deplores the action of ally concern in soliciting busi- ness in our City to he performed out- side the City, when the labor in con- nection with the performance of which can adequately he furnished and per- formed in our City. Passed, adopted and approved this 6th day of March, 1939. CARL A. CLARK, Mayor, FRANK VAN DUELMAN, ALBERT WHARTON, CEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. 49 Councilman \'an Duelman moved the a(loptio(i of the resolution. Seconded by Councilman -\lurphv. Carried by , the follm6 \, te: Peas—\lavor Clark, Cnlml'ilmcll Murphy, \•:ui lluelman, \\ h;o tu,1. Nab.— Nunn. Absent-- ("nuuilman 'Thompson. ']'here being no further business, Councilman \Iurphy moved to ad- journ. Seconded by Councilman \'an Duelman. Carried by the follo\ving vote: leas—\layor Clark, Councilmen \I w ply, \'an Duelman, \lharton. Nays—None. Absent — Councilman Thompson. J. J. SHL::\, Citv Clerk. Approved -a-9-4)39. Adopted YM^J 's /P39� Councilmen: L----------------------- Attest: City Clerk. 50 Special Session, March 7th, 1939_ City Council (Official) Special Session, \larch 7th, 1939. Council utet at 8:55 P. \i. Present — Councilmen Murphy, Thompson, Van Duelman, Wharton, Cit• Nlanager Rhontberg, absent— \layor Clark. \leeting called be order of Council- men Van Duelman and Wharton. Councilman 'Thompson moved that Councilman \lurphy be appointed May- or Pro Tem of the meeting. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—CoundI- men Thompson, Van Duelman, Whar- ton. Kays—hone. absent—\flavor Clark. Councilman \lurphy not voting. \layor 1'ro Tent \lurphy read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of considering the :Annual budget for the fiscal year of April lst, 1939, to \larch 31st, 1940, and acting on any other business as may properly come before a regular meeting of the Citv Council. OFFICIAL NOTICE OF THE PROPOSED ANNUAL BUDGET PREPARED BY THE CITY MAN- AGER AND CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, FOR THE FISCAL.YEAR, 1939-40. \otive is hereby given that the City \tanager of the City of Dubuque has prepared a budget on the basis of esti- mates of the expenses of the various de- partments of said City for the fiscal year beginning April 1, 1939, and end- ing \larch 31, 1940, and such depart- mental estimates show expenses of each department for the preceding year in addition thereto, the Citv Council has caused to be prepared a budget for said liscal year on the basis of estimates of the expenses of the several departments of said Citv, such estimates showing therein not only the purpose for which the consolidated tax levy authorized by Section 6217 of -the Code of Iowa 1935 is to be used, but in addition thereto, the purpose for which all other tax levies heretofore made are to he used, including revenues frorn miscellaneous sources, the apportionment of the con- solidated tax levy having heretofore bhen determined 1>y said Council and incorporated in a resolution for such purpose. This budget will be consid- ered for final adoption by tite City Council at a special meeting to he held in the Council Chamber at the Citv Hall on the 23rd day of March. 1939, at 7:30 o'clock p. in. Any taxpayer ob- jecting thereto or protesting to the same, or to any item thereof, or any omission therefrom, shall present his objections to said Council on or before that date. This notice is given pursuant to the direction of the City Council. J. J. SHEA, 3-8-lt. City Clerk. Special Session, March 7th, 1939. 51 PROPOSED BUDGET FOR THE CITY OF DUBUQUE, IOWA, FOR THE FISCAL YEAR 1939-40. Distribution of . Consolidated Tax Levy. General Fund ----------------------------------- --------------$169,166.00 Grading Fund ------------------------------------------------- 9,500.0(1 improvement Fund --------------------------------------------- 13,500.00 Sewer Fund --------------------------------------------------- 2,000.01) Light Fund ---------------------------------------------------- 39,372.00 Total ----------------------------------------------------$233,538.00 SOURCES OF REVENUE FOR 1939-40 FISCAL OPERATION A—From Taxes Funds— Consolidated ___________________ Bond Interest __________________ Bond Retirement _______________ Fire Maintenance _______________ Fire Equipment ________________ Garbage Disposal & Street Cleanin Park-------------------------- Police Pension ----------------- Fire Pension ------------------- Library Operation ______________ Main Sewer -------------------- Playground and Swimming Pool_ Dock Operation ________________ Dock Bond and Interest --------- Snow Removal _________________ Emergency -------------------- and Moneys and Credits _ _ _ _ _ _ _ Road Tax on Agricultural Land, (General Library Tax on Agricultural Lands (Library Fuud)______________ Levy Regular Moneys & which is the assessed value for 1939-40 operation upon levy and the adjustment of moneys and credits equal to $15,953.00 amount, to lands to $172.00, totals $659,604.00, in 31ills Tax Credits Total 7.000 $227,886.00 $ 5,652.00 $233,538.00 0.810 26,369.00 654.00 27,023.00 1.685 54,855.00 1,360.00 56,215.00 3.495 113,780.00 2,822.00 116,602.00 0.375 12,208.00 302.00 12,510.00 g 0.500 16,277.00 403.00 16,680.00 0.625 20,347.00 5(14.00 20,851.01) 0.301 9,799.00 243.00 10,042.00 _ 0.500 16,277.00 403.00 16,680.00 _ 0.804 26,174.00 649.00 26,823.00 _ 0.513 16,700.00 414.00 17,114.00 _ 0.380 12,371.00 306.00 12,677.00 _ 0.500 16,277.00 403.00 16,680.00 _ 1.109 36,103.00 895.00 36,998.00 _ 0.169 5,501.00 136.00 5,637.00 _ 1.000 32,555.00 807.00 33,362.00 Subtotals -------------------- 19.766 $643,479.00 $15,953.00 $659,432.00 Fund)_________________ 105.00 Road Tax on Agricultural Land, (General Library Tax on Agricultural Lands (Library Fuud)______________ 67.00 Grand Total Receipts from Taxes as Levied August, 1938___$659,604.00 The above estimate is based on a revised taxable value of $33,362,73.5.00, which the 19.766 mill which is the assessed value for 1939-40 operation upon levy and the adjustment of moneys and credits equal to $15,953.00 amount, to lands to $172.00, totals $659,604.00, $659,432.00, plus taxes on agricultural equal as obtained from the County Auditor. for 1938-39 operation was 19.845 mills on a taxable valuatiuu The millage (100% of assessed value) of $33,438,391.00 amounting to $663,585.00, plu, Agricultural lands of $145.00, Moneys and Credits of $15,000.00, plus taxes on totaling $678,730.00. B—From Miscellaneous Sources, 1939-40. General Nlicc.Revenues ----$ 1011.00 Excavation Permits --------------------------------------------- 8,50(1.0() Police Court Returns---------------------------------------- 1,600.00 Electrical Permits -------------------------------------- --------- 1,400.00 ----------- Plumbing Permits _----- -------------------- 1 Building Permits ------------------------------------------------ 600.0(1 Franchise Tax -------------------------------------------------- 200.00 Scale Fees -------------------------- ---------------------------- 2 790.00 State Highway Maintenance------------------ ------------------- 500.00 Sale of Real Property-------------- --------------- 100.(10 Dieting Prisoners --------------------------_-_---- ----------------- __ 1,000.00 --------------- Ambulance Fees----------------------------------------- ----------------- Dog Licenses --------------------------------------------------- 1,000.011 41000-00 ------------ ___ Business Licenses ----------------------------------------------- 800.011 Miscellaneous Rentals ----------------- ------------ 12,000.00 Cigarette Permits -------------------------------------- ----- 211,00(1.0(1 Beer Permits --------------------------------- ------------- 3611.011 3,000.00 Miscellaneous Sales --------------------------------------------- Swimming Pool Receipts ---------------------------------------- - 1 500.00 - Milk Inspection Fees------------------------------------------- 2500.00____------------ 1,250.00 Department Receipts ------------------------------ ______--- Board of Education (Nurse) ------------- -------------- — $65,000.00 Total General Miscellaneous Revenues ---------------------- 50 Special Session, March 7th, 1939. _ City Council (Official) Special Session, March 7th, 1939. Council met at 8:55 P. 1f. Present — Councilmen lfurphy, Thompson, \'an Duelman, \\'harton, City llanager Rhomberg. Absent— flayor Clark. fleeting called by order of Council- men \'an Duelman and Wharton. Councilman Thompson moved that Councilman \f urphy he appointed May- ur Pro Tem of the meeting. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Council- men 'Thompson, Van Duelman, Whar- ton. Nays—None. Absent—Mayor Clark. Councilman Murphy not voting. lfayor Pro 'Tem Nlurphy read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of considering the :Annual Budget for the fiscal year of April 1st, 1939, to \larch 31st; 1940, and acting on any other business as may properly come before a regular meeting of the Citv Council. OFFICIAL NOTICE OF THE PROPOSED ANNUAL BUDGET PREPARED BY THE CITY MAN- AGER AND CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, FOR THE FISCAL.YEAR, 1939-40. Notive is hereby given that the Cit), Manager of the City of Dubuque has prepared a budget on the basis of esti- mates of the expenses of the various de- partments of said City for the fiscal year beginning April 1, 1939, and end- ing (larch 31, 1910, and such depart- mental estimates show expenses of each department for the preceding year in addition thereto, the City Council has caused to be prepared a budget for said fiscal year on the basis of estimates of the expenses of the several departments of said City, such estimates showing therein not only the purpose for which the consolidated tax levy authorized by Section 6217 of the Code of Iowa 1935 is to be used, but in addition thereto, the purpose for which all other tax levies heretofore made are to be used, including revenues from miscellaneous sources. the apportionment of the con- solidated tax levy having heretofore bhen determined Im said Council and incorporated in a resolution for such purpose. This budget will he ccrosid- ered for final adoption by the Cite Council at a special meeting to be held in the Council Chamber at the Cite Hall on the 23rd day of March, 1939, at 7:30 o'clock p. m. \n\, taxpayer ob- jecting thereto or protesting to the same, or to any item thereof, or any omission therefrom, shall present his objections to said Council on or before that date. This notice is given pursuant to the direction of the City Council. J. J. SH I• A, 3-8-1t. City Clerk I Special Session, March 7th, 1939. 51 PROPOSED BUDGET FOR THE CITY OF DUBUQUE, IOWA, FOR THE FISCAL YEAR 1939-40. Distribution of Consolidated Tax Levy. General Fund ----------------------------------- .-------------- %169,166.00 ti Grading Fund ------------------------------------------------- 9.500.110 improvement Fund --------------------------------------------- 13,500.00 Sewer Fund --------------------------------------------------- 2,0011.00 LightFund ---------------------------------------------------- 39,372.00 Total ----------------------------------------------------$233,538.00 SOURCES OF REVENUE FOR 1939-40 FISCAL OPERATION A—From Taxes and Moneys and Credits Levy Regular \loneys R Funds— in :dills Tax Credits Total Consolidated ____________________ 7.000 $227,886.00 $ 5,652.00 $233,538.00 l Bond Interest ___________________ 0.810 26,369.00 654.00 27023.00 Bond Retirement ________________ 1.685 54,855.00 1,360.00 56,215.00 Fire Maintenance ________________ 3.495 113,780.00 2,822.00 116,602.00 Fire Equipment _________________ 0.375 12,208.00 302.00 12,510.00 Garbage Disposal & Street Cleaning 0.500 16,277.00 403.00 16,680.00 Park --------------------------- 0.625 20,347.00 504.00 20,851.00 Police Pension __________________ 0.301 9,799.00 243.00 10,042.00 Fire Pension -------------------- 0.500 16,277.00 403.00 16,680.00 Library Operation _______________ 0.804 26,174.00 649.00 26,823.00 Main Sewer ---------------------- 0.513 16,700.00 414.00 Playground and Swimming Pool__ 0.380 12,371.00 306.00 17,114.110 12,677.00 Dock Operation _________________ 0.500 16,277.00 403.00 16,680.00 Dock Bond and Interest ---------- 1.109 36,103.00 895.00 0.169 5,501.00 136.00 36,998.00 5,637.00 Snow Removal __________________ Emergency --------------------- 1.000 32,555.00 807.00 33,362.00 Subtotals ______________ _ 19.766 $643,479.00 $15,953.00 Fund)_________________ $659,432.00 105.00 Road Tax on Agricultural Lands (General 67.00 Library Tax on Agricultural Lands (Library Fund)______________ Grand Total Receipts from Taxes as Levied August, 1938___$659,604.00 The above estimate is based on a revised taxable value of $33,362,735.00. Nvhich the 19.766 mill which is the assessed value for 1939-40 operation upon u levy and the adjustment of moneys and credits equal to $15,953.00 amounts to lands to $172.00, totals $659,604.00, $659,432.00, plus taxes on agricultural equal as obtained from the County Auditor. for 1938-39 was 19.845 mills on a taxable valuatiuu The millage operation (100% of assessed value) of $33,438,391.00 amounting to $663,585.00, Agricultural lands plug of $145,00, Moneys and Credits of $15,000.00, plus taxes on totaling $678,730.00. B—From Miscellaneous Sources, 1939-40.G 01 %Iisc. Revenues 100.00 Excavation Permits ------------"-----------------$ - - 8,500.00 Police Court Returns---------------------------'--'-"_-- -------> 1,600.00 Electrical Permits ----------------------------------------------- 1400.011 Plumbing Permits ---------------------------------------------- 1800.00 Building Permits ------------------------------------------------ 600.00 Franchise Tax ---------------------------------- ---------------- 200.00 Scale Fees ------------------------'----------------------------- 2 790.00 -------------------- State Highway Maintenance------------------ - _--_ 500.00 Sale of Real Property 100.00 Dieting Prisoners ----------- -------- __- 1,000.00 ---------------- Ambulance Fees ------------------------------------------------ Dog Licenses ____________________ -- 1,000,00 4000.0() Business Licenses --------------------------------------------- 800.011 Miscellaneous Rentals -------------- ----------------------------- 12000.00 Cigarette Permits ----------------------------------------------- 20,000.00 ------------ Beer Permits -------"-------------------- 360.011 ----------------- .Miscellaneous Sales --------------------------------------------- - 3000.00 Swimming Pool Receipts---------------' ------------------------ 1,500.00 ____________-_----- 2,500.00 Milk Inspection Fees------------------------- ------ Department Receipts ---------------------""------------___------ 1,250.00 Board of Education (Nurse) ------------------ ----------- _$65,000-00 Total General Miscellaneous Revenues ________--- ---------- Special Session, March 7th, 1939. YEAR APRIL 1, 1939, TO MARCH 31, 1940 52 LIBRARY FUND Estimated Balaticc April .1, 1939----------------------------------- $ 223.00 1,000.0(1 Fines, Book Rentals,, Etc .-____-_---------------- Item Totals ------------ -------------------------------------$1,223.00 PARK FUND --- -- - --- Estimated Balance :\aril 1, 1939 ---- ----------- ------- -----$1,500.00 650,110 Collections, Concei ,j�-. L'tc. - -__-- -- --$2,1511,0(1 Tota s ------ -------- 175.0 PLAYGROUND AND SWIMMING POOL FUND Board of Edur;,tion(I'laygro❑nd s)--------------------------------$2,00.0 3 300.000 Skating Receil,u------------------------------------------------- 275.011 Athletic Field Fees------------------------------------------------ 200.00 Totals------------------------------------------------------$2,575.00 DOCK FUND A. N�'harfage Fee- -------------- ------- ------- -------------- $1'500-00 Harbor Rentals, Leases, etc ------------------------------ 500.00 2,000.00 Total Estimated \liscellaneous Revenues --------------- 72,948.00 Total Taxes, Moneys and Credits______________________ 659,604.00 Total Estimated City Revenue ------------------------------- $732,552.00 WATER WORKS DIVISION B. (Self -Supporting) 100.00 Estimated Balance April 1, 1939_______________________ $20,000.00 Estimated 1939-40 Water Revenue ---------------------- 150,450.00 125.00 170,450.00 Estimated Grand Total City Revenue and Water Division ----- $903,002.00 CITY OF DUBUQUE, IOWA, APPROPRIATIONS FOR THE FISCAL YEAR APRIL 1, 1939, TO MARCH 31, 1940 GROUP 1—GENERAL ADMINISTRATION (General Fund) Item 101—Council 1938-9 Proposed 1939-40 Appropriations Appropriation - B, B. Travel 175.00 $ 175.0 J. Miscellaneous __________________________________ 25.00 25.00 Totals ---------------------------------------$ 200.00 $ 200.00 Item 102—City Manager's Office A. Salary City \tanager (80%) -------------------- *$ 4,400.00 *$ 4,800.00 A. Salary Secretary ------------------------------- 1,800.00 1,800-00 A. Salary Stenographer ___________________________ 1,4.10.00 1,440.00 B. Travel ---------------------------------------- 100.00 100.00 C. Office -----------------------------------------125.00 125.00 D. Printing --------------------------------------- 15.00 15.00 F. \laintenance ----------------------------------- 200.00 200.00 Material and Supplies____________________________ 325.00 325.00 Totals -------------------------------------- $ 8,405.00 $ 5088 .00 Item 103—City Clerk's Office A. Salary City Clerk ------------------------------- $ 2,400.00 $ 2,500.00 A. Extra Help ------------------------------- 150.00 G. Materials and Supplies__ 75.00 75.00 Totals --------------------------------------- $ 2,475.00 $ 2,725.00 Item 104—City Auditor's Office A. F. Salary City Auditor (80°Jo)_____________ *$ 1,960.00 *$ 1,960.00 G. __ 1[aintenance -------- -_ -- Material and Supplies_______________________ 50.00 50.00 100.00 ___ 100.00 Totals -$ 2,110.00 $ 2,110.00 Special Session, March 7th, 1939. 53 Item 105 -City Treasurer's Office A. Salary City 'treasurer (80ji))-------------------- *$ 1,920.00 *S 1,920.01) A. Salary Stenographer (S0%)_____________________ 500.00 500.00 D. Printing and,Vivertising______________________ 25.(10 25.00 F. Maintenance ---------------------------------- 25.00 25.00 G. Material and Supplies___________________________ 150.00 150.00 I. Surety Bond -------- --------------------------- 50.00 i0.00 Totals ---------------------------------------- 2,670.00 S 2,670.Uu (*NOTE: 20010 of Salaries of City Manager, City Auditor and City Treasu- rer are paid directly by Water Dept.) Material and Supplies--------------------------- Item 106 -City Solicitor's Office A. Salary City Solicitor ------------------------------ $ 4,050.00 $ 3,800.0U B. Travel ---------------------------------------- 4000 40.00 C. Office ----------------------------------------- 40.00 40.00 G. Material and Supplies--------------------------- 85.00 85.00 Totals -------------------- I ------------------$ 4,215.00 $ 3,965.00 Item 108 -Board of Review G. - Material and Supplies ------------------- --------- $ ------ S 25.00 J. Board of Reviea--------------------------------- 600.00 600.00 Totals --------- 600.00 $ 625.00 Item 109 -Civil Engineer's Office A. Salary Rodman ----------------------------- $ 1,500.00 10.00 $ 1,500-00 10.00 C. Office ---------------- --- --------------------- 50.00 50.00 E Equipment ------------------------------------- 500.00 500.00 F. Maintenance ---------------------------------- 500.00 500 00 G. Material and Supplies--------------------------- 2,560.00 $ 2,560.00 Totals -------------$ Item 113 -City Elections � 500.00 a 500-00 A. .. Salaries Clerks, Etc. ---------------------___ 400.00 400.00 G. Material and Supplies ---------------------------- 50.1)0 50.00 J. Rents --------- ----------------- 950.00 $ 950.00 Totals ---------------------------------$ Item 114 -City Buildings ti1 890.00 , 2,000.00 A. Salaries Janitors ------------------------------- 1,790.00 1,500.00 E. Equipment ------------------------------------ 700-00 2,500.0(1 I. and Repan•s------------- -------------------- 1,0011.00 T,000.06 G. --- Material and Supplies------------------ -- ------ 2,900.00 2,90(1.00 H. Heat and Light-------------------- __- ----- $ 8,190.00 $ 9,900.00 Totals --------------------------------------- Item 115 -Police Court 1,500.00 S 1,500.00 A. Salary Police Judge--------------------------- -; 15.00 1; 00 G. Material and Supplies ---------------------------- �- S 1,515.00 _$ 1,515.00 Totals ----------------------- --------------- Item 116 -Civil Service Commission50 00 $ 50,00 --- - -- G. Material and Supplies ------------------ ;0.00 50.00-__ J. Miscellaneous ---------------------- _S 100.00 $ 100.00 Totals ------------------------------------ - 36,12500 Subtotals Group 1, General Administration__---$ 33,990.00 $ 54 Special Session, March 7th, 1939. GROUP II -PROTECTION OF LIFE AND PROPERTY Item 118 -Police Department (General Fund) Kate Per Jlo. A. Salary Chief of Police_-----------` •1,000.00 ( 1) Cn $22;.00 2,7U(I.0u A. Salary Senior Captain 111-------- 2,100.00 ( 11 C $175.00 ',lu0.u(� A. Salaries Captains (2)------------- 3,720.00 ( 2) @ $15i.00 3.720.00 A. Salaries Detectives (4) ----------- 7,200.00 ( 4) @ $150.00 7,2u0.0u A. Salaries Desk Sergeants (3)------ 5,220.00 ( 3) @ $155.00 580.00 A. Salaries Motorcyclists (2)------- 3,480.00 ( 2) @ $145.00 3,480.011 A, Salaries Patrolmen (25) ---------- 42,000.00 (25) @ $1.10.00 42,1100,00 A. ( After First Year) Salaries Matrons (2)------------- 2.400.00 ( 2) @ $100.00 2,40(1.(111 A. Salaries Special Officers ---------- 100.00 lllllm B. Travel-------------------------- Travel------------- 50.00 35.00 50.UU C. Office --------------------------- 42i.00 F. Repairs to Buildings_____________ 425.uu D. Printing ----------------- 50.00 2,700.00 50.UU E. Equipment ---------------------- 1,000.00 2,000.uu F. Maintenance ------------------------------------ 2,200.D0 2,200.00 G. Material and Supplies---------------------------- 2,700.00 2,7u0.on J-1. Feeding Prisoners _______________ 900.00 J-3. Reserve for Emergency ---------- 900.0u J-2. Miscellanci,u. ( Injuries) --------- 300.00 300.ou $116,602.Uu Totals - ---- ----------$76,845,00 $ 77,905.00 Item 119A -Fire Department Maintenance Fund A. Salary Fire Chief ----------------- $ 2,760.00 ( 1) @ $230.00 S 2,760.00 A. Salaries Senior Captains (2) ----- 3,960.00 ( 2) @ $165.00 3,900.01) A. Salaries Captains (5)_____________ 9,300.00 ( 5) @ $155.00 9,300,00 A. Salary Drive -Mechanic (1) ------- 1,980.00 100.00 100.00 A. Salaries Lieutenants (7)_________ 12,180.00 ( 7) @ $145.00 12,180.00 A. Salaries Engineers (4) ----------- 6,960.00 ( 4) @ $145.00 6,960.00 A. Salaries Firemen (34) ------------ i7,120.00 (35) @ $1.40.00 58,800.00 (After First Year) Totals4,650.00 A. Salaries Firemen (2)------------- 3,000.00 ( 2) @ $125.00 3,000.00 (During First Year) B. Travel -------------------------- 50.00 ;0.00 C. Office -------------------------- 650.00 650.00 D. Printing ________________________ 35.00 35.00 F. Maintenance ____________________ 2,300.00 2,600.00 F. Repairs to Buildings_____________ 7,000.00 G. Material and Supplies ------------ 2,700.00 2,700.00 H. Heat, Light _____________________ 3,300.00 3,300.00 1. Insurance _______________________ 200.00 200.00 J-1. ;Miscellaneous (Injuries) --------- 1,200.00 1,200.00 J-2. Interest on Warrants ------------ 160.00 160.00 J-3. Reserve for Emergency ---------- 1,596.00 1,747.00 Total ----- ._---- --_---_----_$109,451.00 $116,602.Uu Item 119B -Fire Equipment Fund F Equipment ----------- -$ 7,661.00 $ 12,510.00 Item 120 -Fire and Police Alarm (General Fund) A. Salary tv ---$ A. Salary Asst.lCitv��E�lectrician-------------------- 1,950.00 1,950.00 A. Salary Extra Hel 1800.00 1,800.011 C. Office n----------------------------- 100.00 100.00 _ E. Equipment ------------- 100.00 100.00 ----__ F. :Maintenance ------------------------------ 150.00 1;0.00 ----------------------------------- Material and Supplies 150.00 150.00 _____-__---_ H. Heat, ---____-- Light and Power------- ------ 200.00 200.00 ------------------ 200.00 200.00 Totals4,650.00 - - ---------$ 4,650.00 $ Item 122 -Plumbing Inspector's Office (General Fund and Misc. General Revenues) A. Special Seision, March 7th, 1939. - 2,160.00 55 Item 121 -Building Commissioner's Office (General Fund and Misc. General 150,00 Revenues) C. Oflicc------------------------------------------ 25.00 Salary Building Coll] III ssunter__________________ *• ,i,llllll.11ll �5 .i,llllU.U,i A. Salary Stenographer (2011< 'time)--------------- 2oo.I1u 200.00 C. Office ----------------------------------------- 25.00 2;00 F. Maintenance ---------------------------------- 1511.011 'Total; ----------------------------------- G. Material andtiupplie---------------------------- 1110.011 100.00 150.00 Totals_-_:-- 3,47501 3.3 ; 00 50.00 (General Fund -$1,675.00: Fees 51,800.00) (*Note: Includes Ckil kn- 50.00 gincering Duties) I~. Equipment ------------------------------------250.00 Item 122 -Plumbing Inspector's Office (General Fund and Misc. General Revenues) A. Salary Plumbing Inspector--- ------------- - 2,160.00 $ 1,800.0(1 1,450.0 A. Salary Stenographer (1a%'Tune)---------------- 150,00 150.00 C. Oflicc------------------------------------------ 25.00 25.00 D. Printing --------------------------------------- 15.00 15.00 G. Material and Supplies----------- ---------------- 50.00 50.U0 J-1. Plumbing Board -------------------- -- ----- 30.00 - -,4 30.00 - Maintenance ----------------------------------- 'Total; ----------------------------------- y 2,+30.00 $ 2,430.00 (General Fund $830.00: Fees $1,6110.00) Item 123 -Electrical Inspector's Office (General Fund and Misc. General $ 1,800.0(1 1,450.0 Revenues) Salary Sanitary Inspector----------------------- 1.980.0(1 A. Salary Electrical Inspector ---------------------- $ 2,220.00 $ 2,220.00 A. Salary Stenographer (151yo Time)---------------- 150.00 1511.00 C. Office 25.00 25.00 D. ---------------------------------------- Printing ------------------------------------ 15.00 15.011 F. Maintenance ----------------------------------- 175.00 100.00 175.00 100.00 G. Material and Supplies--------------------------- Travel ---------------------------------------- ------------------------- -- 150.00 Totals ---------------------------------------$ 2,685.00 $ 2,685.00 (General Fund -$1,28i.00; Fees -$1,400.00) Item 124 -Dog Pound (Misc, General Revenues) J. Enforcement Dog Ordinance--------------------$ 150.00 $ 150.00 Subtotals Group II, Protection of Life and 1'roperty $207,347.00 $220,407.00 GROUP III -HEALTH AND SANITATION Item 125 -Health Operating (General Fund) A. Salary Director (Part 'Time)--------------------$ 1,800.00 1,450.00 $ 1,800.0(1 1,450.0 A. Salary Sanitary Inspector----------------------- 1.980.0(1 1,080.000 A. Salary Clerk ---------------------------------- 900.00 1,1180.00 A. A. Salary Restaurant Inspector --------------------- Salary Head School Nurse (10 Mo.)------------- 1,700.00 1,700.00 1,3 A. Salary School Nurse---------------------------- 1.400.01) 1,350.00 .00 1,35500.00 A. Salary School Nurse --------------------------- - 50.00 1'250.00 50.00 1150.00 A. Salary School Nurse ---------------------------- B. Travel ---------------------------------------- ------------------------- -- 150.00 150.00 C. Office ----------------------------------------- O ------------ 50.00 50.00 D Prittting--------------------------------------- 50.00 50.00 I~. Equipment ------------------------------------250.00 250.00 F. Maintenance (2 cars)--------------------------- 400.00 400.00 G. Material and Supplies --------------------------- 900.00 900.00 J-1. Laboratory Expense --------------------------- 100.00 100.UI J-2. Miscellaneous ------" 12,880.00 $ 13,060.00 Totals -------------------------$ 56 Special Session, March 7th, 1939. Item 126 -Control of Contagious Diseases $ IConO•ol of Contagious Diseases--------- - tem 127 -Sewer Maintenance (Main Sewer Fund) A. Salary Setter Foremau--------------------------- $ A. \\'ages Laborers ------------------------------- 1:. Lquipment ------------------------------------ F. \laintell ance ----------------------------------- G. \laterial and Supplies --------------------------- )-I. Potter for Se\\er Puml)s ------------------------ Totals ---------------------------------------$ 13.100.00 $ 13,100.00 1;200.00 $ 1,200.011 11800.00 $ 1,800.00 8.500.00 8,500.00 500.00 500.00 700.00 700.00 300.00 300.00 1,300.00 1,300.00 Item 128 -Garbage Disposal (General Fund) 2.050.00 $ 2.0511.011 J. Contract for Garbage Collection and Disposal ---- $ 18,000.00 S15,1111(l.11ll Item 129 -Milk Inspection (General Fund and Misc. General Revenue) A. Salary Milk Inspector--- ------------ ------------ $ 1,800.00 $ 1.800.00 E. I",quipment------------------------------------ 160.00 160.00 F. \laintenance of Inspector's Car-___---_---_ 300.00 300.00 G. \laterial and Supplies--------------------------- 100.00 100.00 Totals_--____---_$ 2,360.00 IS 2,360.110 (Milk Inspector's Fees 1.500.00; General -$860.00). Subtotals Group i1I, Health and Sanitation ------ $ 47,510.00 $ 47,720.00 GROUP IV -HIGHWAYS AND STREET LIGHTS Item 131 -Highways Administration (General Fund) A. Salary Tiniel:eeper____________________________$ 1.800.011 1.800.()0 F. \laintenance----------------------------------- 100.00 100.00 G. \laterial and Supplies--------------------------- 150.00 150.00 Totals --------------------------------------$ 2.050.00 $ 2.0511.011 Item 132 -Street Repairing and Grading (General Fund and Grading Fund) A. \\'ages Laborers _______________________________$ 1i,000.00 15.000.00 E. G:quipment------------------------------------ 4,500.00 4,500.00 F. \laintenance---------------------------------- 4,500.00 4,i00.1)0 G. \laterial and Supplies___________________________ 5,500.00 5,500.00 Totals ---------------------- .............. 29,500.00 $ 29,500.00 (General -$24,500.00; Grading -$5,(100.00). $ 8,000.00 $ 8.000.00 Item 133 -City Garage (General Fund) 1,400.00 1,400.00 A. Salary Head Mechanic--------------------------$ 2,300.00 $ 2,300.00 A. Salah' \lechartics ______________________________ C. office 5,200.00 5,200.00 -- -------------------------------------- E. hquipntent 7i.00 75.(111 ------------------------------------ F. ------------------------ Maintenance on Garage------------------------- 100.00 500.00 G. \laterial and Supplies___________________________ 400.00 325.00 400.00 325.00 H. Heat, Light, Pon•er---------------------------- 1. Insurance on Garage--------------------------- 2,500.01) 2,500.00 ---$49,572.00 50.00 50.00 Totals -------------- --------------- $ 11 350 00 $ 11 350 00 ------ Item 134 -Ash and Can Collections (General Fund) A. \\'ages Drit•ers and I.,abm•ers F. \laintenance-------------------- $ 8,000.00 $ 8.000.00 ----------------------------------- G. \laterial and Supplies--------------------------- 1,400.00 1,400.00 500.00 500.00 'totals --------------------------------------- Item 138 -Street and Traffic $ 9,900.00 $ 9,900.011 Signal Lighting (Light Fund) II• 'total for Street Lighting and Traffic Signals ---- I. 2% State Sales 'fax----------------------------- $ 18,600.00 $ 38,600.(111 972.00 772.00 Totals ----------------------------------- Item 140 -Street Cleaning ---$49,572.00 $39,372.00 (Garbage Disposal and Street Cleaning A. Wages Driee_r.s_ aborer--------------------$ Fund) F,quipment 12,500.00E ^ 12,500.01 _--d ----------------------------- F. maintenance 500.00 500.00 -- G. \laterial and Supplies----------------------- 3,000.00 J.--- Surplus ---------------------------------------- 1,000.00 580.00 ----------------------------------- 102.00 100.00 'totals --------------------------------------- $ 17,102.00 $ 16,680.00 f Special Session, March 7th, 1939, 57 Item 141 -Snow and Ice Removal (Snow Removal Fund) A. Labor --------------•--------------------------- 5 3,900.00 1 . Lquipntettt-------------------------- --------- 350.00 F. Maintenance --------------- - 1,1)00.0) G. Material and Supplies --------------------------- 350.00 J. Reserve --------------------------------------- 37.0(1 1,350.0.1 Total ---------------------------------------- 5,637.110 Subtotals Group 1V, lfiglm-:LYs &- Street I, glitingS119,47-4.UU $114,489.00 GROUP V -LIBRARY Item 143A -Library Fund and Misc. Library Revenue A. Salary Librarian --------------- ---------- -------- 2,280.00 2,2`;'1.(10 A. Salary Reference Ijbrarian------_ -------------------- -. 100.00 1,680.20 A. Salary Catalogue -------------- -- 1.500.0;1 1,;0;1.00 A. Salary Child I,iltr;ui;tn___------.----------------- 1,380.00 1,350.0.1 A. Salary School l J111-;u-ian--_------------------------- 1,0811.00 1,080.00 A. Salary Acting Ciicifl ai(,n Ubrarian___ -__ - 1,020.00 1,02,-1.011 A. Salary General -------------------------- 9110.00 900.00 A. Salary General.\s-i,tant-------------------------- 8411.00 8-I0.U0 A. Salary General A;�i:.t;mt--------- ---------------- 840.00 840.00 A. Salary General AFSIStalit--- --------------------- 840.110 840.0:1 A. Salary General Assistant ( Bali '1'iute)----------- 621.00 621.0) A. Salary Janitor -------------------------------- 1,260.00 1,260.0;1 B. Travel -------------------------------------- 50.00 50.00 C. Office ----------------------------------------- 100.00 i0l0.00 D. Printing ------------------ -------------------- 50.011 50.06 I,. Equipment Books ___---------------------------6.0110.00 0,000.00 F. Maintenance ------------------------------------ ---------------------------- -'. 11.00 2,711.00 G. Material and Supplies ----------------------------1,0(111.11(1 1,000.00 H. Heat, Light, Nater----------------------------- 2.100.00 2,100.01) 1. Insuranc( - -------------------------------------300.00 300.00 J-1. Warrants---------------- Interest un ------------ 100.00 100.00 J-2. Reserve for l,,mergcnc\-------------------------- 1,461.00 1,461.0.) Totals ----------------------------------------5 25,113.00 $ 28,113.00 (Library Fund -526,8911.00: \list. L,ibru\ Revenue -51,223.00) Item 143B -Library Building Fund J. Payment on Building __--------- ---------------5 16,1.4.4.00 44>257.00 ---------- $ 28,113.00 Subtotals Group V, l,ibrar\------------------- t2,000.00 A. Wages „1 Laborer---- ---------- ----- ------ --- GROUP VI -PARK FUND 2,000.00 L. Item 144A -Park Administration 1.20(.00 1.1255.00 A. Salary Superintendent --------------------------5 1,800.00 50. S 1,800.00 125.00 B. Travel ______-----_ ------------------- - --- -- 125.00 00 125.00 C. Office ----------------------------------------- 25.02 50.00 D. Printing and Advertising----------------------- 15.00 11 J-1. \Iiscellaneous --------------------------------- 7111.00 - J-1. henucatuons and Replacentent-_-------- --- ._- 2.015.00 $ 2.086.00 J-2. Totals ------------------------------------------ _ _ - Item 144B -Park Areas, Buildings, Etc. t 1,622.011 t2,000.00 A. Wages „1 Laborer---- ---------- ----- ------ --- -� 2,000.00 L. i'urestr\• l.;llml--------------------------- 1.20(.00 1.1255.00 E. 1?gnipnu•ut ----------- 12.1 if 1 800.00 F. \taimen;tnce--------------------------------- 31,'20.02 '.892.22 G. \1aterial and 5tt>>tie---_-_------------ -- . 11 2.200.0(, 2,002.00 H . lleat and Light------------------- -------- ;00,00 500.00 -- -- ---------- - 7111.00 520.0(1 J-1. henucatuons and Replacentent-_-------- --- ._- 785.10 600.(1(1 J-2. [ntcrc�t, Rescrve and :�sscssn,ents__--------- _ _ - c 2 1,608.00 S 20,915.00 Totals ----------------------- - - _ _ 3,623.011 : 23,001.00 Subtotals Croup \'I --Park bund --------- Park 1Zevc11G- .. ' 150AU! (Park Tax -S20,851.00: \list. Special Session, March 7th. 193 �. GROUP VII -PLAYGROUND AND SWIMMING POOL FUND Item 145A -Recreation Administration �. Salary 1)irector------------------------------ ,250.IIt1 $ 2,2511.0,) B. 'I'rnrl ---------------------------- - 50.1111 511.011 l;. Utiicc---------------------- .----------------- 60.00 110.01 F. \lailitenaixe (Car) --------------------------- 360.00 .ib11.0.1 G, \Iaterial and Stiplfli- -------------------------- 100.00 1U11.01j fntaL•:_-----_--------------------$ 2,820.00 $, 2,880.U(I Item 145$ -Playgrounds A. Salary Supervisor:, Directors, Etc . --------------$ 2,050.00 S 2,050.1)1 A. of Laborers_____________________________ 50.00 20U,Uo 1'.. L.glliplllellt____________________________________ 150.00 50( o" F. \faintcllalicc___________________________________ /50.00 650.Ou G. \Iaterial and ;supplies--------------------------- 300,00 400.11,1 H. Heat, Light --- ._ --------------------------- 100.00 100.00 I. Insurance ----------------------------------- 50.00 50.00 Totals --------- ---------------------------$ 3,400,00 $ 3,950.0o Item 145C -Music Events J. Cost of \lu>ir ____----- Item 145D -Winter Sports A. Wages Check Room, L;tc._____________________ C. Office --------------------------------- L:. Equipment ------------------------------------ F. \Iaintenance ----------------------------------- G. \Iaterial and Supplies------------ -- H. Heat and Light -------- ----------------------- Totals---------____-- 250.00 350.00 S 6511.00 25.00 25.00 50.00 100.00 50.00 200.00 50.00 150.00 275.00 375.00 800.00 $ 1,500.00 Item 145E -Swimming Pool Operation A. Salary Superintendent A. $ Salary Guards (4)__ 300.00 $ 450.00 A. ------------------- Salary Attendants 840.00 840.00 A. ------------------------------ Wages Laborers 750.00 1,5011.1111 C. __---____-- ------------------ Office 110.00 F. ___ ------------- ------------------------- \Maintenance 50.00 50.00 G. --------- -------------------------- 'Material and Supplies_ 300.00 600.00 H. ------------ Light and Power----------- 150.00 250.00 I. ------------------- Insurance 600.00 600.00 J. -__------ __ ---------------------- Miscellaneous 200.00 200.00 _ -------------------------- 100.00 100.00 Totals ------------__-$ 3,400.00 $ 4,540.00 Item 145G -Indoor Winter Sports J. Miscellaneous -----------------------$ 50.00 $ 100.00 Item 145H -Emergency J-1. Interest on Warrants- J-2. arrants_______ J 2. Reserve - -----------------$ 50.00 $ %mo ------------ Totals 115.00 182.00 ------------- ----- _____ ._-- -_-$ 165.00 $ 232.00 GROUP VIII -MISCELLANEOUS Item 147 -Planning and Zoning (General Fund) J. Miscellaneous ------------------------------------ Special Session, March 7th, 1939. 25.00 Item 148E -Ambulance (General Fund and Misc. Revenues) 3,300.00 A. Salaries Drivers(2) ----------------------------- - 59 Item 146 -Athletic Park 300.00 _ _ A. F. Wages Caretaker -------------------------------y Maintenance 400.00 1 400.00 G. --------------------------- --------- Material and Supplies --- _.----------------------- 750.00 150.00 750.OU 150.00 H. 1. Lights ---------------------------------------- Insurance 200.00 200.00 J-1. ------------------------------------ Miscellaneous _________________________________ 500.00 50.00 500.00 50.00 Totals ---------------------------------------$ 12,225.00 Tonal., ----, ----------------------------------1` 2,050.00 $ 2,050.Ou Subtotals Group Vll Playground and Swim- 130.00 ti 130.00 J. Miscellaneous ---------------------------------- ming Pool --__ $ 12,935.00 $ 15,252.00 684.00 (Playground and S%%imming Pool Tax -$12,677.00; Misc. Playground $ 20,647.00 Revenue -$2,575.00) SCALES GROUP VIII -MISCELLANEOUS Item 147 -Planning and Zoning (General Fund) J. Miscellaneous ------------------------------------ 25.00 25.00 Item 148E -Ambulance (General Fund and Misc. Revenues) 3,300.00 A. Salaries Drivers(2) ----------------------------- 3,360.00 $ 3,360.00 F. Maintenance ----------------------------------- 300.00 300.00 G. Material and Supplies--------------------------- 150.00 150.00 1. Insurance ------------------------------------- 525.00 525.00 Totals ---------------------------------------$ 4,335.00 $ 4,335.00 (ambulance Fees -$1,000.110; General Fund -$3,335.00) 1,900.00 Items 148C -Other Miscellaneous (General Fund) J-1. Iowa League of\1nuicipalitieti ------------------ ; 50.00 80.00 J-2. Damages -------------------------------------- 3,300.00 3,300.00 J-3. Printing Council Proceedings---------------- -_ 3,200.00 3,200.00 J-4. Revised Ordinances ___________________________ 1,5'+10.00 J-5. State Examiners ------------------------------- 2,000.00 2.000.00 J-6. Repairs to Town Clock_________________________ 150.00 500.00 J-7. 'Misc. Unclassified ------------------------------ 1.500.00 3,000.00 J-8. Workmen's Compensation Insurance ------------ 1,900.00 1,900.00 J-9. Interest on Warrants___________________________ 125.00 125.00 Totals ---------------------------------------$ 12,225.00 $ 15,605.00 Item 148F -Airport (General Fund) I. Insurance -------------------------------------$ 130.00 ti 130.00 J. Miscellaneous ---------------------------------- 554.00 550.00 Totals 684.00 $ 680.00 ---------------------------------------$ Subtotals Group \7111, \liscellanc n ------------$ 17,269.00 $ 20,647.00 GROUP IX -MARKETS AND PUBLIC SCALES (General Fund and Misc. General Revenues) Item 152 -Market Master's Office A. Salary Market Xlaster----------------------$ 1,41J0.00 20.00 1,400.00 20.00 F. (Maintenance ----------------------------------- 65.00 6.5. U20,011 G. Material and Supplies--------------------------- 20.00 J-1. Miscellaneous --------------------------------- Totals---------------------------------------- $ 1.505.00 S 1,505.00 (General Fund -$305.00; \lisc General Revnue $1,200.00) Public Scales$ 1,505.00 y 1,505.00 Subtotals Group IX -Markets and GROUP X -MUNICIPAL IMPROVEMENTS Item 162 -Assessments and Sewers 6,000.00 $ 8,000.00 . _ _ _ -� J-1. City's Share of Special :\s,e>sment-------- 2,000.00 J-2. Storm Sewer and Inlets ----------------------- - _ o,000.00 $ 10,000.00 Totals Subtotals Group X -Municipal Improvements__$ 6,000.00 S 10,000.00 (Improvement Fund -58,000.00; Sewer Fun(l-$2,000.00) 60 Special Session, March 7th, 1939. GROUP XI -PENSION FUNDS Item 154 --Police Pensions J-1. Police Pensions --------------------------------$ 8,996.00 $ J-2. Police Retirement System----------------------- 742.5;) Totals ---------------------------------------$ 8,996.00 $ 10,042.0o Item 155 -Fire Pensions J-1. Fire Pensions ---------------------------------$ 16,999.00 $ 15,700.00 J-2. Fire Retirement System ------------------------- 980.0() Totals ---------------------------------------$ 16,999.00 $ 16,680.00 Subtotals Group XI -Pensions ---------------- $ 25,995.00 $ 26,727.00 GROUP XII -MUNICIPAL INDEBTEDNESS Item 161J -1 -City Bonds and Interest A-1. Regular City Bond Interest -------------------- $ 46,535.00 S 43,985.00 A-2. Grading Bond Redemption_____________________ 12,000.00 16,000.00 A-3. Storm Sewer Bond Redemption_________________ 48,000.00 48,000.00 A-4. Sinking Fund ------------------------------- 11,000.00 A-5. Improvement Bond Redemption________________ 30,000.00 30,000.00 A-6. Surplus -------------------------------------- 39.00 1,495.00 Totals --------------------------------------- $136,574.00 $150,410.0(( (Bond Interest Fuud-$27,023.00; Bond Retirement Fund --$56,215.00; Grading Fund -$4,500.00; Improvement Fund -$5,500.00; Main Sewer Fund -$4,014.00; Nater \\ t,rks Find -$20,000.00; Emergency Fund -- $33,228.00) Item 161J -2 -Dock Bond and Interest Fund A-1. Interest on Dock Bonds ------------------------ $ 10,265.00 $ 9,345.0,i A-2. Dock Bond Redemption _______________________ 21,000.00 26,000.00 A-3. Surplus --------------------------------------- 373.00 1,653.00 Totals ---------------------------------------$ 31,638.00 $ 36,998.00 Subtotals Group XI \1unicipal Indebtedness -1+168,212.00 $187,478.00 EMERGENCY AND RESERVE Reserve in General disc, Revenues ------------------ $ 184.50 $ 2,281.00 Reserve in Emergency Funul________________________ 321.00 134,00 Payment of General Fund Warrants for 1936-37- W. P. A. Projects and New Swimming Pool ---------- 27,000.00 Intereston Same_____________________ ----------------------------------- 472.50 Totals ------- -------- ----$ 27,978.00 $ 2.410.0, GROUP XIII -DOCKS (Dock Fund and Misc. Dock Revenues) Item 153 A -Dock Operation A. Salary Engineers _ - - B. Travel -_ ------------- ------ ..-------$ F. Maintenance ---"------------- G. Material and Supplies______________ _--------- 1. Insurance __________ - ----- J 1. Traffic Association Dues______ J-2. Impro_______ sce` vements J-3. Millaneous ------------------------ 4. band Purchase -6o ntract______ ------------ ----------- 2.30.00 150.0() 100.00 50.00 475.00 300.00 100.00 200.00 500.00 Total Dock Operation------------ $ 2,115.00 240.00 150.0( ) 100.00 475.011 300.00 200.00 500.00 $2,115-00 Special Session, March 7th, 1939. 61 Item 153 B -Dredge Operation A. Salary Engineers --------------------------------- 180.00 $ 180.00 A. Salary Operator ------------------------------- 1,800.00 1,800.00 A. Salary Oiler ___________________________________ 1,100.00 1,100.00 A. Wages Laborers ------------------------------- 578.00 578.00 F. Maintenance (Repairs) ------------------------- 500.00 500.00 G. Material and Supplies___________________________ 200.00 200.00 H. Electric Power -------------------------------- 3,500.00 3.5011.00 I. Marine Insurance ______________________________ 725.00 725.00 I. Workmen's Compensation Insurance_____________ 225.00 225.110 J. Miscellaneous __________________________________ 350.00 645.00 Totals ---------------------------------------$ 9,158.00 $ 9,453.00 Item 153 C -W. P. A. Project E. Trucking --------------------------------------$ 3,000.00 $ 11450.00 E. Scale Rental ___________________________________ 250.00 250.00 E, Derrick Rental _________________________________ 90.00 E. Tools ------------- ---------------------------- 200.00 300.00 E. Life Preservers ________________________________ 50.00 G. Cement --------------------------------------- 360.00 G. Supplies --------------------------------------- 500.00 Total-- ---------------------------------------$ 3,950.00 $ 2,500.00 Item 153 D Repayment of Loan to Water Works ----------------- $ 5,500.00 G. Seventh St. Storm SeNver \laterials______________ 4,612.00 Totals ---------------------------------------$ 5,500.00 $ 4,612.00 Subtotals Group XIII -Docks ---------------- $ 20,723.00 $ 18,680.00 (Dock Tax Fund -$16,680.00: \Ii:c. Dock Revenue -$2,000.00.) GROUP XIV -WATER WORKS (Self Supporting) Receipts Est. Cash on Hand, April 1st ------- --------------$ 2Q000-00 $ 20,000.110 Est. Receipts for Metered Sales ------ _---____------140.000.00 250.00 140.000.00 250.00 __ __ Est. Receipts from Flat Sales -------- --------------- Est. Receipts from Fire Protection Service-- ------- 2,250.00 2,250.011 Est. Receipts from Non -Operation Service ---_-----_- 5,000.00 2,950.00 5,000.110 2,950.00 Est. Receipts from Sales Tax-------------- -- - 3,662.52 Est. Repayment of Library Loan Balance --------- 5,500.0(1 Est. Repayment of Dock Fund_______________________ $170.450.00 Totals _5179,612.52 DISBURSEMENTS 149 A -Administration s 3 000,00 3,000.00 $ A. Salary Superintendent ___--------------------- 2,160.00 2,160.00 A. Salary Accountant ---------------------------' 1.560.00 1.560.00 A. Salary Stenographer and Clerk----------- -____-- 1,200.00 1,200.00 A. Salary Clerk----------------------------------- ------------------------------- 1,100.00 1,200.011 A. Salary City Manager 20%----------------------- 490.00 490.00 A. Salary City Auditor 20%------------------------ 480.00 480.00 A. Salary City Treasurer 20%--------------------- 125.00 125.00 B. Travel ------------------------------------ ----- 800.00 800.11 C. Office Expense and Postage--------------------- 300.00 300-00 D. Printing and Advertising------------------------ 1,150.00 1,150.011 E. Equipment ------------------------------------ 300.0(1 300.00 -------- F. Maintenance ----------------------------------- 800.00 800.011 G. Material and Supplies----------------------'-- 100.00 5(1.0(1 I. Insurance -------------------------------------- 3,600.00 3,80(1.00 2,500.00 J-1. Sinking Fund -------------------------- 2,000-00 J-2. Refunds ------- ---------------------- 500.0(1 500.00 2.950.011 J-3. Miscellaneous --------------------------------- ----- 2,950.00 J-4. State Sales Tax _________-- ------------- �- 22,615.00 --- $ 24,365.00 Totals ---'------ -----------$ ('NOTE: Includes Cashier Duties) 62 Special Session, March 7th, 1939. 149 B—Water Operation A. __-$ Salary Field l': - ngi"M----------------------- 2,400.00 A. Salary Plant Chiet' ]�.ngincer-------------- 2.160.00 A. ---- Salary Plant I?ngiueers (6)------------------ 10,800.00 A. Wages Extra Station Labor----------- 1,000.00 A. Salary Tapper -------------------- -- 1,620.00 A. Salary \leter Service Man ------------------ 1,560.00 A. Salary Water Repair \lan------------------ 1,860.00 A. Salary meter Reader----------------------- 1,560.00 A. Salary :1„t. \lctcr itcpair \lan-------------- 1,620.00 A. Salary General Foreman----------------- 2.250.00 A. Salary Asst. Foreman---------------------- 1,680.00 A. Wages of Laborers------------------------- 11,500.00 E. 1:quipment-------------------------------- 10,000.00 F. Niaimenance ------------------------------- 13,620.00 G. \laterial and Supplies----------------------- 1,500.00 H. Heat, bight and Power--------------------- 25,000.00 1. Insurance ---------------------------------- 4,500.00 J-1. Water \Iain\laterials---------------------- 15,000.00 J-2. Other Betterments _________________________ 42,000.00 J-3. Store Reserve _____________________________ 3,000.00 J-4. \liscellaneous _____________________________ 1,225.00 2,400.00 2,160.0() 10,800.00 1,000.011 1,620.00 1,560.0(1 1,860.0(1 1,560.0(1 1,620.00 2,250.(1; I 1,680.00 8,000.0(1 10,00(1.01) 12,000.0;) 1,500.0o 25,000.00 1,250.00 10,000.00 25,000.00 3,000.00 1,000.00 Totals -----------------------------------$155,855.00 $125,260.00 Grand Total Water Works Appropriation ------------ $178,470.00 $140,625.00 Non -approved Resel'yc ______________________________ 1,142.52 825.00 'Transfer to City Indebtedness_______________________ 20,000.00 $179,612.52 $170,450.00 (t) $18,000.00 for Necessary Water Main Extensions and Improvements. (2) $35,000.00 for New Equipment and Constructions. (3) $12,000.00 for Repairing Buildings, Artesian \\'ells and Painting Eagle Point and West 'Third Street Stations Interiors and Extensions. RECAPITULATION OF TOTAL APPROPRIATIONS ANI) RESERVES $936,460.52 $903,002.00 Budget Proposed (a) City Operation, Groups I to X1 Inclusive, Liner - 1938-39 1939-40 gency and Reserve ----------------------------- $567,407.50 $543,979.00 Reserve in General Fund and General Misc. Revenues -------------------------------------- Reserve 184.50 2,281.00 in Emergency Fund------------- 321.00 134.00 (b) Municipal Indebtedness, Group X11 --------------168,212.00 187,478.00 (c) Docks, Groups XIII --------- 20,723.00 18,680.00 (d)W Vorsppropriation, Group XIV -------- 178,470.00 149,625.00 Water Works Reserve-------------------------- 1,142.52 825.00 Totals ---------------------------------------$936,460.52 $903,002.00 Tax Revenue ---------------------------------678,911.00 \liscellaneous Revenues $659,604.00 and Estimated Balances April 1, 1939 ---------------------------------- Water Works Revenue 77,937.00 72,948.00 -------------------------- 179,612.52 170,450.00 $936,460.52 $903,002.00 Special Session, March 7th, 1939. 63 Resolution No. 39-39.I Passed, adopted auul approved thi, ith day of \larch, 1939. \Vhereas, the City Manager has caused to be prepared a budget on the basis of estimates of the expenses of the various departments of the City of Dubuque for the fiscal year beginning April 1, 1939, and ending March 31, 1940, and such departmental estimates ;boxy the expenses of each department for the preceding year, and the same has been submitted to this Council as a basis for the preparation of the annual budget required by law to he prepared by the City Council of said City; and Whereas, this Council has examined such budget and from the information therein contained has prepared its bud- get for said fiscal year on the basis of estimates of the expenses of the sev- eral departments of such cite, such o estimates showing therein not illy the purpose for which the consolidated lax authorized by Section 6217 of the Cede of Iowa 1935 is to be used, but in addi- tion thereto, the purposes for which all other levies heretofore made are to he used and including therein also the e;ti- mated revenue from miscellaneous re- ceipts and the purposes for which the same are to be used, so that said budget shows all of the proposed expenditures for the ensuing fiscal year: Now, there- fore, Be It Resolved by the City Council of the City of Dubuque: That the ldanager's budget be and the same is hereby approved and the City Clerk is hereby directed to cause the budget prepared by the City Coun- cil for the fiscal year beginning April 1, 1939, and ending \larch 31, 1940. to be published in the official newspaper of this City at least once, said publica- tion to he at least two weeks in ad- vance of the (late set herein for final hearing thereon and adoption thereof. lie It Further Resolved, that this Council nuet on the 23rd day of March, 1939, at 7:30 o'clock p. in., in the Coun- cil Chamber at the City Hall for the purpose of conducting a hearing upon ;aid budget, at which time any taxpa}' er of said City will be given full oppor- tunity to be heard upon any olijcrtion or pr(:tests made thereto, or to auiy item or items thereof, or to any onti;- 'iomt therefrom, and after all i)artic, have been heard, said bud'vet will be amended or adopted as propo,ed. This resolution being deemed urgent and in the preservation of peace, health, ;afety and public interest shall be in force and effect from and atter its adop- tion and approval by the City Council• as provided by law. G EO. R. \I C' R Pl l W, \l a.vor Pro Tem, FRAM: VAN IWEI,MAN, ALBERT \\'HAWl'ON, F. W. THU\I PSON, Cotuiciluttn. \ttest: I. I. SlI .A, City Clerk. Councilman A•an Duclman moved tilt adoption of the resolution. Seconded I)v Councilruan Wharton. Carried by the follm%iiio, cote: Yeas---\layor Pro Teni \l urpli Councilmen Thompson, Van Duclm:ui, Wharton. Nays—None. Absent—\favor Clark. There being no further Lu�-inc>-, Couttcihnan Thompson niov(d to ad- journ. seconded by Councilman Whar- ton. Carried by the f.11owiiig vote: leas—Mayor Pro Tem \Iurphy, Coun- cilnun •1'hontpson, \•act Dueltnan, Wharton. Nays—None. Absent-- \fayor Clark. J. J. S1iLA. Citv Clerk. Approved l l aZ&,-Vj 1939. l� n \dupte(1 \36.tA,ire` V Councilor r I� Attest: O r,4 Special Session, March 10th, 1939. Council General Fluid of $6,881.29 inld Ill the \lain Sewer of $111.1: and City here \\ hereas., there ;s now in the ha,ltl.: of the City 'Treasurer and cre(lited t.. (official) the Emergency Fund the sum of �6. Special Session, March 10th, 1939. C09.70, which is available for transicr 1, Council met at 8:45 P. \I. the funds above referred to: and Present—:Mayor Clark, Councilmen \Vhereas, there has been $24.3(,9.Oy \lurphy, Thompson, Van Duelntan, paid from the General Fund dtn•ing the 11'harton, City \tanager Rhomberg. fiscal year for the interest and rcdeml - \leet;ng called by order of Council- Lion of (;cneral Fund \Varrants i—ile( men Van Duelntan and Wharton. in 1937 for the construction of it swint- \layor Clark read the call and stated lltillg pool and beCaUKe of such pay - that service thereof had been duly made ment, a deficiency has resulted in such and that this meeting is called for the iund; and purpose of considering for adoption a \Vhereas, the tax levy for the \lain resolution and application for authority ,fie\\-er Ftllld was inadequate to provide to transfer the sunt of $6,269.70 from for the maintenance and repairs of the the Emergency Fund to the General stain sewer system of said City; and .old \lain Sewer Funds of the Citv of \Vhereas, in order to be able to earn Dubuque and acting on any other busi- on the various functions and activitic< ness as may properly come before it of said City as represented 1)v the regular meeting of the Citv Council_ above fonds to the end of the present Communication of Peter B. Hoff- fiscal year, it will be necessary to stake mann, Sr., requesting appointment as transfers to such funds front the P,nrer- one of the members of the Board of Re- gency Fund in the following anunnits: view, presented and read. Councilman (ti) to the General Fund, $4,769.70; (h) \Vharton moved that the coninlunica- to the \lain Sewer Fund, $1,500.00; and tion be received and filed. Seconded by ny Whereas, before atransfer can he Councilman :Murphy. Carried by the made from the F,mergency Fund to rule following vote: Vt•as—Mayor Clark, other fund, an application ntu:t h, Councilmen Murphy, Thompson, Van made to the State Comptroller for :ill Duelman, \Vharton. Nays—None. thority to make the transfer and Ill - Communication of I,. G. Forward tnaking application for appointment as approval secured thereon; Now, 'I'I cn - a member of the Board of equalization fore, Be It Resolved by the Citv C'„uncil and Review, presented and read. Coon- oilman Murphy moved that the conn- of the City of Dubuque that, Inbiect to munication be received and filed. Sec- the approval of the State C„mptrollcr• there be anti there is hereby tr;in:fcrred onded by Councilman Wharton. Car- rigid by the following Yeas— front the I;ntergency Fund of the City vote: Mayor Clark, Councilmen \Iurplty, of Dubuque (a) to the General Fund Thompson, Van Duelman, \Vharton. the sum of $4,769.70; (h) to the \Iain Nays—None. Sewer Fund the sum of $1,5(1(1.00, lvhich Communication of Dubuque N[ento_ is stow to the hands of the City 'freasu- rial Auditorium Commission, Uv T. M, ren' and the State Comptroller is hereby Langton, Chairman, suggesting ggese that petitioned to authorize such transfer. the City Council wire or write to Hon, to Be It Further Resolved that when \V;Iliam S. Jacobsen, House Office such approval has been received frons Building, \Vashington, D. C., strop 1 , said State Comptroller that the ok., "Lir 'Treasurer urging his best efforts toward the ni and adjust their hooks ac mediate passage of Bill H. R. 1576, a bill to appropriate $500,000,000.00 to cog Passed, [ asse(1, adopted, and Approved thi> complete all Public Works Administra- 10th clay of March, 1939. tion applications previously approved and pending for lack of funds, present- CARL A. CLARK, \layer. FRANK VAN DUI [,\1:\N. ed and read. Councilman Murphy ALBERT WHARTON, moved that the communication be GEO. R. MURPHY, re- ceived all([ approved and the request ordered complied F. W. THOMPSON, Councilmen. with. Seconded by Councilman Van Duelman. Carried by the following Attest: J. J. SHEA, City Clerk. viae: Yeas—Mayor Clark, Cotutcilnu'n \I Councilman Van Duelman mored the Lir th p Van Duelntan• ""';IT -toll. y' Thompson adoption of the resolution. Secondc,l Nays—None,, by Councilman NI urphv. Carried Il> Resolution No. 40-39. the following vote: Yeas—\la`i'r Resolution ;uid application for au_ tlloritj.to.lransfcr Ctlar Van lN'ay�`�, the sum of $6,269.70 ` • f1QnA the Irmergencv Duetlmen lman, \\lItl:n,to ll. None, • Fund to the Gen- eral and \Iain Sewer Funds of Dubuque. of the City Council: Honorable Mayor as d City3Cot \Vhereas, as of the first day of \larch, 1939, there were Gentlemen Pursuant to Resolution 6-39 adopted cash balances in the by the City Council, sealed bids were Special Session, March 10th, 1939. received, and opened on J;umnary .:6th, 1939, at 10:00 A. \1. for the Installation ,if a New Pturnping Unit at h;agle Point I'utnping Station as a part of PWA Project 1684-F, for the Improvement of Waterworks System. Attached hereto is a tabulation of the hills received. No irregularities were found in any of, the proposals. We rrconunend that the Installation of the New Pumping Unit be awarded to tile• Climax Engineering Co. of Clinton, Iowa, theirs being the lowest and best bid received, as evaluated. Very truly yours, WATER DEPARTNfl'N'T City of Dubuque, fovea. A. A. RHOMBERG, City \i anager. J. J. 11:11 [., Superintendent. Councilman Wharton moved that the recommendation of City Manager Rhomberg and Superintendent of Wa- ter Department Hail be received and filed. Seconded by Councilman Van Duelman. Carried by the following votee: Yeas—Mayor Clark, Council- men Murphy, 'Thompson, Van Duel - man, Wharton. Nays—None. City of Dubuque, Iowa. Resolution No. 41-39. Be It Resolved, By the City Council, of the City of Dubuque, Iowa. Whereas, the City of Dubuque, of the County of Dubuque, and State of Iowa, pursuant to an advertisement for bids on the Installation of the proposed Primping Unit heretofore published on the 10th and 17th clay of January. 1939. (lid on the 26th (lay of January, 1939, at ten o'clock A. M. at the City Clerk's office in the City Hall in Dubuque. Iowa, receive bids for the installation of a pumping unit, which said bids were taken tinder advisement of the City Council. Whereas, in the opinion of this Coun- cil, the base bid of A. Y. McDonald Manufacturing Co., of Dubuque, Iowa, for the installation of a pumping unit is the lowest and best bid Submitted by any responsible bidder: and Whereas, a present estimate cost is: 1. Preliminary -------------$ 500.0(; 2. band and right of way_-- .00 3. Construction ------------$151,010.8` Previous Contracts Awarded Contract No. 1 Well -_--__$17,5.12.00 Contract No. 2 Reservoir 38,365.00 Contract No. 4 Building & Construction --------- 52,769.00 Contract No. 5 Heating & Plumbing ------------ 14,978.00 Contract No. 6 Electrical Work ---------------- 1,200.00 Bid Received Jan. 26, 1939: Contract No. 3 Pump---- 10,656.85 Future Contract on Estimate—as follows: Contract No. 7 Deep Well Pump -----------$8,000.00 65 Contract No. 8 Pump Hylise ------------- 2,000.00 Contract No. 9 Supply \Iain from I'urnp Hott;e__ 5,5(1(.011 I. I.ngincering ------------- B,SOO,U11 5. Legal and :\(Intiuistration_ 50(1.(lu 6. Interest ------------------ .00 7. Nliscellaneous ----------- .0d Total Estimate of Construc- tion Contracts ---------- $160,510.85 Funds Available 1'\\*A ("rant _____ __________$07,500.O0 City of Dubuque Funds Deposited ------------ 95,000.00 $162.500.00 Now, 'Therefore, Be It Resolved, fly the Cite Council of the City of Du- buque, low'a, that the contract for the Installation of a new pumping unit, a, Contract No. 3, in thr anu,unt of $10,656.85 he awarded to the A. Y. Mc- Donald \lanufacturing Co., of Du- bu(Iue, Iowa: Provided, how'evcr, that this aw;n d shall not be effective until the A. V. `dCI)wlald \lanufacturing Co. ~hall have been notified in writing by the City \Iaiiager of such award. Ile It Further Reeolved, That this resoiuti(nn being denied urgent a"d of iiltnnediate necessitc become effective from and after its final passage and adoption by the Cite Council. :Approved and placed on file for one \ceek wi Alarch 111th, 1939. Councilutan Van Duehnan moved that the resolution be approved and placed on file in the office of the City Clerk for public inspection for at least one week. Seconded by Councilman \Yharton. Carried by the foll(mimg vote: Yeas—Mayor Clark, Councilunen \lurphy, Thouap, n, Van Duelman, \\'harton. Na}, --None. 7'hcre being no further business Councilrnt;ni V;m Duelman nu ed to adjourn.1CCunde'd by Couuciloaan Th,'ntp.on. Carried by the following yotc: Yeas—Jlayor Clark, Councilmen \I rnrphy, Thompson, Van Duelman, \\'Marton. Nays—None. J. J. SHEA, City Clerk. .\plu-m-ed _ �seu41939 Adopted 1939. Councilmear ---------------- Attest: City Clerk. V W Special Session March 15th, 1939. city council (official) jpecial Session, March 15th, IO.;'t. Council met at 9:45 P. M. I'resent—Mayor Clark, Couttcilntrii \]urphy, 'I'hontpson, Van Duelntan. \1'harton, Cit) • Manager Rhomherg. Meeting called by order of Council- tuen Van Duelntan and Wharton. \!:,v(,r Clrak read the call and stated that scrvicc thereof had been duly made and that this ineeting is called for the purpose of considering for final adop- tion Ordinance No. 5-39 and Ordinance No. 6-39, said ordinance having been passed upon first and second readings III March 6th, 1939, and acting on any other business as may properly come before a regular meeting of the City Council. Councilman Wharton moved that the rule., be suspended for the purpose of allowing any one present in the Coun- cil Chamber, who wishes to do so, to address the C'omtcil. Seconded b\. Councilman Van Dueltuan. Carried by the follo\cine cote: Yeas—\la\.ur Clark, Councilmen Murphy, Thontp- ,nn, \'an Due!n,an, Wharton. Nays— Null(•. \Ir. Charles h;. Dove, general manager of the Interstate Power Com- pany, and \Ir. Frani: f:. O'Conuor, legal representati\'C, of the Interstate Power Contl,anc, addressed the Coun- cil making pleas that the Council with- hold action on the manager's electric rate schedule and give consideration to the schedule submitted by the filter- Aate Power Company and statin; that the interstate Power Company would not be able to live if the City \tanager's rate, „'ere put into effect andpointed to the company m:(intenauce of its gen- cral offices it, Dubuque, its annual wage ,calc. file atuounts spent by the com- p:mv with Dubuque firms, and the taxes !,aid as matters which should he taken roto consideration. Contntuniration of Rt. Rev. Msgr. P. J. C offcc, Pa.,tor of St. Patrick's Church, extending tut invitation to the \la-'"` A!cn,hers of the Citv Council, City \I:magcr ,Incl Cih Officials to at- tc11(1 file lrch I"W( ;an Observation of the hcaa ..i tit. Patrick to be held at tit. Patrick ('hnrclt on March 17th, Van Duelnt:ttn mov,,dtthalt tlCotit11 ,\iilmall btatioll e accepted. Seconded by Comlcil Tuan Thompson. G,rric(I he the following vote: Veal—Mato, Clark, Councilmen \l u a h 'I'homl)son, Van Duehman, 1\'hartoti. Nays Cuntmmniration of \lav Clark, i,i- bropert submittin;, cleecl of the Nagle property and requesting formal accept_ ,Ince by the it,. Counci! of said deed, presented and read. Councilman Van lluelnnut moved to refer the conumu»i_ cation and cleecl to the Cih 5olicit„r for investigation and report. ticconde(I by Councilman Wharton. Carried b\ the following vote: Peas—\iayor Clarl<, Councilmen Murphy I 'Thompson, \'sift Duelntan, Wharton . Nays—None. Communication of I. i,. uodett stating that he desires to serve it., a member of the Board of Review, pre- sented and read. Councilman 'I'homp. son moved that the conuututication he received and filed. Seconded by Cottn- cilman Murphy. Carried by the fol- lowing vote: Yeas—Mayor Clark, Councilmen \lurphy, "Thompson, Van Duelman, Wharton. Nays—None. Communication of The Ivey City Gas Company submitting report of the Company's operations for the c:dendar year 1938, presented and read. Coun- cilman Van Duelntan moved to refer the communication and report to tile City Council for further consideration. Seconded b\- COt11IciIIIIat1 Murphy• Carried by the following vote: 1'cas— Mayor Clark, Councilmen \lurphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of Veterans of Foreii;n Wars requesting permission to hold their ;ut- nual sale of "Bilddc !'oppies" on Satur- day, May 20th, 1Q.3)(), presented and read. Councilman \ ;ut Duelntan moved that the request be granted. Seconde(I IW Councilman Whart(,n. Carried by the foilovving vote: Yeas—Mayor Clark, Councilmen )Ilurphy, 'Thompson, Viol Duelman, \Vharton. Nays--- Nome. Petition of I?Award J. I;each request- ing that something be done to forest Lane between Nevada Street and L'ooth Street so that the \\.,Iter will drain off at all times, presented amd read. Cnttn- c•.ilntan 'lhontpson nlo\e(i to refer file petition to the Cit\ C"nntcil to view the grounds. Seconded by Councilman Murplr\-. Carried by file follo\\.ittg \.nte: Yeas—\layor Clark, Coltmcilntcn \lur- phy, 'Thcnnpson, Van Duelntan, Wh;:r- ton. Nays—None. Petition of Kretschnter-Tredway Co., requesting permission to maintain their loading platforms and for the fill -Ober right to erect a roof over the. existing platform alonLr their property \\ hich n cosists of City bots 417, •118 vn1 41(1, presented and read. Councilman \•aft Dueltuan moved that the request be granted and the City Solicitor instruct- ed to prepare a proper ordinance. Sec- onded by Councilman Wharton. C:(r rigid by the following vote: Veal-- Mavor Clark, Councilmen Murphn. Thontpsott, Van Duelntan, Nays—None. Petition of Tischer :artificial Ice (\ Cold Storage Co., requesting Perim - "('11 to ('((nstruet and Maintain a rail- road track across the street and alley, in Booth's :lddition as shown on the attached plat, presented and re; td Councilman 'Thompson moved to refer Special Session March 15th, 1939. 67 the petition to the City Council to view the grounds. Seconded by Councilman \lurphy, Carried by the following vote: Yeas—Mayor Clark, Councilmen \lurphy, Thompson, Van Duelman, \1 harton, Nays—None. Petition of 'phos. R. Reid, requesting that some one inspect the condition of the one block of Klingenberg 'Terrace off Main street as said street is in •a terrible condition, presented and read. Councilman Murphy moved to refer the petition to the City \tanager for inves- tigation and report. Seconded by Coun- cilman Van Duelman. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, \'an Duelman, \Vharton. Nays—None. Petition of International Brotherhood of Electrical Workers Local No. 263, asking the City Council to deal fairly with the problem of establishing elec- tric rates, staking sure that the custom- ers receive equitable rates but also con- sidering the effrct that a drastic rate cut might have on the Power Company, presented and read. Councilman Whar- ton moved that the petition he received and filed. Seconded by Councilman Murphy. Carried by the following vote. Yeas—Mayor Clark, Councilmen \lurphy, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 40-39. Resolution and application for au- thority to transfer the sunt of $6,269.70 from the Emergency Fund to the Gen- eral and \Iain Sewer Funds of the City of Dubuque. Whereas, as of the first clay of March, 1939, there were cash balances in the General Fund of $6,881.29 and in the Main Sewer Fund of $111.12; and Whereas, there is now in the hands of the City Treasurer and credited to the Emergency Fund the sum of $6,- 269.70, which is available for transfer to the funds above referred to; and Whereas, there has been $24,369.09 paid from the General Fund during the fiscal year for the interest and redemp- tion of General Fund Warrants issued in 1937 for the construction of a swim- ming pool and because of such payment a deficiency has resulted in such fund; and Whereas, the tax levy for the \lain Sewer Fund was inadequate to provide for the maintenance and repairs of the main sewer system of said City; and Whereas, in order to be able to carry on the various functions and activities of said City as represented by the above funds to the end of the present li<cal year, it will be necessary to stake transfers to such funds from the Emer- gency Fund in the following amounts: (a) to the General Fund, $4,769.70; (b) to the Main Sewer Fund, $1,500.00; and Whereas, before any transfer can be made from the Emergency Fund to any other fund, an application must be made to the State Comptroller for au- thority to make the transfer and his ap- proval secured thereon: Now, There- fore, Be It Resolved by the City Council of the City of Dubuque that, subject to the approval of the State Comptroller, there he and there is hereby transferred front the h:ntergency Fund of the City of Dubuque, (a) to the Gwncral Fund the sunt of $4,769.70: (h) to the \Iain Setter Fund the sum of $1,ioo.on, which is now in the hands of the City Treasurer, and the State Comps dlci• is hereby petitioned to authorize such transfer. Be it Further Resolved, that \\-]tell such approval has been received front said State Comptroller that the Auditor and Treasurer adjust their books ac- cordingly. Passed, adopted and approved this 10th dac of March, 1939. CART, A. CLARK, Mayor. FRANK VAN DUEL\iAN, AIJIV. T \VHARTON, (',P.O. I:. A1l•RPHY, F. W. T 11()X1 PSON, Councilmen. Attest: J. J. SIfEA, City Clerk. The above application and resolution having been filed \k ith the State Comp- troller, the transicr requested is ap- proved this 13th dac of \larch, 1939. C. FRED PORTER. -Acting State Comptroller. Councilman Murphy moved that the approval of C. Fred Porter, Acting State Comptroller, he received and made a matter of record. Seconded by Councilman T imiip on. Carried by the following cote: Ycas—\layor Clark. Councilnn•n \I urpliy, 'Thompson. \'an Duelman, \Vharton. Nays—Nonc. Council Proceedings for the month of December, 1938, presented for ap- proval. Councilman Thompson moved that the Council Proceedings for the month of December, 1938, he approved as printed. Seconded by Councilman \I nrphy, Carried by the following vote: Yeas—\layor Clark, Councihucn \lurphy, 'I'll oil, pson, Van Duehuan, \Vharton. Nays—None. Ordinance No. 5-39. An ordinance amending Ordinance Nn. 1-39 entitled. "An Ordinance amending Ordinaucc 10-37" entitled: ":\n ordinance regulat- ing the use of yehlCleg upon the street, of the Cite of llubuyue: designating the provisions hercoi as the "traffic Code' of said City: repealing all ordinances or parts of ordinances in conflict herewith: and providing a penalty for violation hereof by repealing Rule 43 of Sub- title V, and Rule 1O1, Rule 103, Rule 104, and Rule 108 of ,it `SIV of Paragraph 609, Section ., of said ordin eacting sul,stitutes therefo ance anr d n and is lieu thereof, and be :unending ;aid Ordinance No. 10-37 b'v the inser- tion in addition to said ordinance of 68 Special Session March 15th, 1939. paragraph 609a Section 3a providing and alleys hated, shall first he marked by l rt nrr signs erected at intervals with tilt, for the removal front streets Lound tit words, 'Otte ITotu larking 9:00 and the custody of vehicles State law or City Or tOParagrah violation of any be subdivision (h) 1 751, Section 2. 'Phis or_ dinance," repealing Section 2 of Rule 108 of said Ordi- dinance shall he rtt force and effect tell of No. 1-39 and enacting a substi- (10) days from and after its final pas nance therefor and in lieu thereof, said sage, adoption and aproval by the ('it% tute ordinance having been passed upon first 6th, 1939, Council and publication as provided by latPaused and second readings on March and read a third time. "Poll first and scrond read presented ings this 6th clay of March, lt)39. ORDINANCE NO. 5-39• Passed, adopted and approved ttl,(,t, An Ordinance amending Ordinance final reading this 15th dac of \I;irch• No, 1-39 entitled, "An Ordinance 10-37" entitled: 1939. CARL, A. CLARK, Mayor. :\mending Ordinance An regulating the use of ve FRANK VAN DUi Ii NIAN, ordinance hicles upon the streets of the Citv of ALBERT \\'H:\R'1'ON, I)ubuyue: designating the provisions hereof as the 'Traffic Code' of said City; GEO. R. F. W. '1'1 10\1, PS0N. repealing all ordinances or parts of ordinances in conflict herewith; and Councilmen• Attest: J. J. SHEA, City Clerk. 'I'elegraph- providing a penalty for violatoin Published officially in the hereof: by repealing Rule 43 of Herald newspaper on the 17th day of sub -title b', and Rule 101, Rule 103, March, 1939. J. J. SH h:A, Rule 104, and Rule 108 of sub -title XIV of paragraph 609, Section 3 of said or- 3-17-1t City Clerk. dinance and enacting substitutes there- Councilman Van Ducbnan moved the for and in lieu thereof, and by amend- adoption of the ordinance. Sec•ottded ing said Ordinance No. 10-37 by the in- by Councilman Thompson. Carried by sertion in addition to said ordinance of the following vote: 1 cn;— \lavor paragraph 609a Section 3a providing for Clark, Councilmen Murphy, Thonll):on. the removal from streets and alleys and Van Duelnart, Wharton. Nays—Note the custody of vehicles found in viola- Ordinance No. 6-39. :\n Ordinam, tion of any State law or City Ordin- amending Ordinance No. 10-37 entitled: ince, by repealing subdivision (h) of "An ordinance regulating the use of Section 2 of Rule 108 of said Ordinance Vehicles upon the streets of the Cit- of No. 1-39 and enacting a substitute Dubuque; designating the provisiom� therefor and in lieu thereof. hereof as the `Traffic Code' of paid Citv: Be it Ordained by the City Council repealing all ordinances or parts of of the City of Dubuque: dinances in conflict herewith: ant! Paragraph 750, Section 1, that sub- viding it penalty for violation hen division (b) of Section 2 of Rule 108 of I>y the insertion and addition to �. Paragraph 736 Section 1 of Ordinance ordinance of paragraph 611a, Section No. 1-39 eentitled: "An ordinance re 5A providing that in any proceeding, f -r ulating the use of vehicles upon streets of the City of Dubuque; designating the violation of the parking provi;i of the said ordinance the rec,i:tratiw, idLit, Provisions hereof as the `Traffic Code' displaved upon such motor vehicle actll Of said Citv; repealing all ordinances constitute in evidence it prima facie prc- or parts of ordinances in conflict here- with; and suniption that the owner of such motor providing a penalty for vio- lation hereof;" Inv repealing Rule 43 of Vehicle was the person who parked or placed Stich motor vehicle at the point sub -title V, and Rule 101, Rule 103, Rule 104, and Rule 108 where such violation occurred, said or - of sub -title XIV of paragraph 609 Section 3 of said dinance having been passed upon lust and second reading, on _larch 6th. or- dinance and enacting substitute'a there- for and in lien thereof, 1939, presented and read a third time. and by amend- ing said Ordinance No. 10-37 by the in- ORDINANCE NO. 6-39. sertion in and aciclition to said ordin- ance of paragraph 609a, Section 3a pruridutg for the An Ordinance amendinc Ordin;nuc No. 10-37 entitled: "An re n removal from streets and all t; and the custody of vehicles found ordin;nrc•e lating the use of vehicle; upon til streets do iu r violation of any State law or City ordinance," be, of the City of Ihthugtu : hating the hereof as th, and the same is hereby repealed and the follotvitt> provisions 'Traffic Code' of said city; repealitt(1 ;ill 6 C1t- acne in substitute therefor, and in lieu thereof, ordinances or parts of ordinances itt "(hl conflict herewith; and providing a iwit- Both ,ides of Eighth from g Avenue Central Avenue to the fntersee- alty for violation hereof;" by the it' sertion and addition to said ordinanc't' tion of Fighth Avenue with nue and Hill Street; of paragraph 611a, Section 5:\ provid- ing providedttthat qCh streets or portions thereof above that in any proceeding for the citt lation of the parking provision, of said desig- ordinance the registration plate di'�- Special Session March 15th, 1939. 69 played upon such motor vehicle shall con,titute in evidence a prima facie prc,umptioil that the owner of such motor vehicle was the person who harked or placed such motor vehicle at the paint where such violation occurred. Be It ordained by the City Council of the City of Dubuque. Paragraph 752, Section 1. That the ordinance entitled: "Ordinance No. 10-37. An ordinance regulating the use of vehicles upon streets in the City of Dubuque; designating the provisions hereof as, the ''Traffic Code' of the said City, repealing; all ordinances or parts of ordinances to conflict herewith; and providing a penalty for violation I ere - of" he, and the same is hereby amended by adding thereto and inserting therein after and following paragraph 611, Sec- tion 4, Paragraph fella, Section 5a. ;,s follows: "Paragraph 611a, Section 5a. In any proceeding for violation of the parking provisions of this ordinance, the regis- tration plate displayed on such motor vehicle involved in said violation shall constitute in evidence a prima facie presumption that the owner of such motor vehicle was the person, who parked or placed such motor vehicle at the point where such violation oc- curred." Paragraph 753 Section 2. This or- dinance shall be in force and effect ten (10) days from and after its final pas- sage, adoption and approval by the City Council, and publication as provided by law. Passed upon first and second read- ing this 6th clay of March, 1939. Passed, adopted and approved upon final reading this 15th day of March, 1939. CARL A. CLARK. Mavor. FRANK VAN IWI-'.l,\I.\N, ALBERT WH:\R'11c1N, GEO. R. MURP111•• F. W. THOMPSON, Councilmen. Attest: J. J SHEA, City Cleric. Published officially in the Telegraph- Ilerald newspaper on the 17th clay o1 M arch, - 1939. J. J. SHEA, 3-17-1t City Clerk. Councilman Van Duelman moved the adoption of the ordinance. Secouded bN Councilman 'Thompson. Carried I- till following vote: Yeas—Mayor Clark Councilmen Murphy, Thompson, Val Duelman, Wharton. Nays—None. March 15, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I herewith submit the reports of th City Auditor, City 'Treasurer, and Cit; Water Department for the month o February, 1939, also a list of claims an list of payrolls for which warrants wer lraw•n during the month of February, 1939. Respectfi ly submitted, A. :\. RHUMBL:RG, City Manager. Couincilutan Ihonipson moved that Lhr reports be received and placed on file. Seconded h.y Councilman 'Murphy. Carried by the iolkm-ing vote: Yeas— \layor Clark, Councilmen Murphy, Thompson, \'an Duehnan, Wharton. Nays—None. March 14, 1939. Honorable Mayor and City Council, Dubuque, Iowa. Re: Claim of Alfred C. Ruprecht Gentletnen: Prior to my assumption of that office there rya, referred to the City Solicitor for invc,tigation and report the claim of Alfrcd C. Ruprecht, in the sum of y3,000.00 for personal injuries alleged to have been sustained by him and caused by his falling upon an icy side- walk on the northerly side of Four- tecuth Strceet, between \lain Street and the dile\ lia,t of Main Street on the 18th ciao of November, 1937, said inju- ri. s allc,gcd to have been caused by the neii cncc of the Cite of Dubuque. I l,cg to advise you that I have com- pleted imc,tigation of this claim and fnul no liability on the part of the City. and for that reason I respectfully rec- onnnend that the claim be denied. Respectfully submitted, NELSON, City Solicitor. Councilman Murphy moved that the recommendation of City Solicitor Nel- ,on he approved and the claim denied. Seconded by Councilman Van Duel - mai,. Carried by the following vote: 1 ca, - \l acor Clark. Councilmen Nlur- phy, "I'homl„on, van Duelman, Whar- ton. Nays— None. March 14, 1939. Honorable Mayor and City Council, Dubuque, lova. Gentlemen: •I'hcre has been referred to me for in- cc,tigatiun and report by the City Council, the claim of Mrs. Dorothea Link, filed on the first clay of March, 1939, in the sum of $600.00, on account of injuric, alleged to have been sus- tu,incd by her on January 23, 1939, while ,he ryas w all.ing upon the sidewalk on the ,outIlea stcrly sole of Hill Street, and at a point in front of the butcher shop operated by Hobert F. Smith, at 472 hill tiU-cct, ,;,id fall alleged to hays hccn caused due to the icy condition of the eidewallc and caused by tile megli- y once of the City of Duttque. I beg to advise that I have completed investigation of thi, claim and find no liability on the part of the City, and, therefore, recom,urnd that the claim be denied. Ite,pcctfully ,ubmitted, A1.. I. NrLSON, City Solicitor. Session March 15th, 1939. 70 Councilman Thompson moved that the recommendation of City Solicitor \elson be approved and the claim de- nied. Seconded by Councilman Mur- phv. Carried by the following vote: 1 eas—\favor Clark, Councilmen Mur pby,Thompson, Van Duchuan, \Vhar- ton. Nays—None. March 1.1, 1939. Honorable Mayor and City Council, I)ttbuqute, Iowa. Re: Claim of Michael Gaherty t;entlenten: Prior to illy assuutptiou of that office. there was referred to the City Solicitor for investigation and report the claim of Michael Caherty filed March 6, 1937, for personal injuries alleged to have been sustained on January 12, 1937, in claimant's falling upon an icy side- walk on the West side of Hill Street at a point near the Southwest corner of Hill St. and Third Street, in the City f Dubuque, said fall alleged to have been caused by the negligence of the City of Dubuque. I find that upon complete investiga- tion of this claim that no liability exists on the part of the city and 1, there- fore, recommend that the claim be denied. Respectfully submitted, AL. J. NEI.SO\, City Solicitor. Councilman Murphy moved that the recommendation of City Solicitor Nel- son be approved and the claim denied. Seconded by Councilman Wharton. Carried by the folowing vote: Yeas— Mayor Clark, Councilmen NI urphy, Thompson, Van Duelman, \\'harton. Nays—None. March 15, 1939. To the Honorable Mayor and City Council, Dubuque, iow-a. Gentlemen: Our engineers, Canavan & bang, have completed the appraisal of the property of the Interstate Power Co. (Delaware) used and useful in serving; Dubuque with electrical energy. The Company's own appraisal is not yet completed, but it should be in the pos- session of the city within six weeks, according to officials of the Company. a study of the valuation at hand to- gether with operating statistics fur- nished he the Company indicate that substantial rate reductions are in order, Herewith submitted is an ordinance fixing rates for the various classes of electrical service, calculated to produce a reduction of oximately $27 1 - 000.00 perry year from the rates hereto- fore established by ordinance. i rec- ommend the passage of this ordinance Putting the proposed rates into effect on all billings after April 1, 1939 1 fur- ther continued andut pontheecompletion o the Company's f Own valuation (not later than June 1 1939, by the Company's stiateatapplieto facsimilenhills)to arrivetatbthe finald dde- termination of the rate question based upon the cost to serve. Respectfully submitted, A. A. RHOM 131-;Nc, City Manager. Councilman N1111 -ph * 1urphy moved the rel olnmendation of Citv Manager Whom berg be approved. Seconded by Cuttn- cilman 'Thompson. Carried by the fol lowing vote: Vcas—Mayor Clark, Councilmen Murphy. Thompson, V:ui Duelman, Wharton. Nays—None. Ordinance No. 7-39. An Ordinanr( fixing and establishing rates to be charged for the furnishing of electricity for residential, commercial, street lighting„ power, and other uses and purposes within the City of Dubuque, Iowa: fixingand regulating, the ntcthol of service thereof; prescribing a penalty for violation thereof; repealing all ordinances and rc<rnlutions in c(ut- flict herewith. and declaring :ut emergency, presented and read. Councilman Van Duelman mmived that the reading just hall be c(ut�idcred th,• first reading; of the ordinance. Sec- ondcd I,y Councilman Murphy. Carried by the following vete: Veal --Mayor Clark, Councilmen Murphy, 'I h nnpcon, Van Duelman, Wharton. Nays—None. Councilman Van Dtielntan moved that the rule he suspended requiring an or- dinance to be read on three separate days. Seconded by Councilman Moor- phy. Carried by the following; vote: Peas --Mayor Clark, Councilmen Moir- phy, 'Thompson, V:ol Duelnt:ui, Whar. ton. Nays—None. The ordin:ou•e wa, then read a second time. Councilman Van Duelman moved that the ruadin Just had be considered the second read- ing of the (ordinance. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Clark. Councilmen Murphy, 'Thompson, Van Duelrttan. Wharton. Nays--Nwne. There being no further Ini>incss, Councilman Van Duchnan no-ccd to, adjourn. Seconded by Councilmvl Thompson. Carried 1>y the following; vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, \':ul Duelman, Wharton. Nays—None. I. i. SHEA, City Clerk. Approved1()39. Adopted _p4 19.19• ----- C Council( _-11-.�• Attest: _ City.. Clerk- . vyd'r✓ ra ,_ `)pedal Session, March 230, 1939. City Council (Official) tipccial scion, Alarch 23rd, ('nuncil nte'i ;;t 8:35 1'. AI. I'rc>crtt- \ ayor Clark, Councilmen \inrp't I'hontpscnt, \'an I)tlellniln, \\'lcutun, City llanagcr l0hunlberg. ?.1 retiliv Called by order of Council- nicn \'an 1)ueiman and Wharton. 11 aver Clark read tate call and stated that scrvicc thereof had been duly made ;and that this meeting is called for the purpose of c,)nducting it public hearing upon the proposed annual budget pre- pared by the City NJ anat er and Citc Council of the City of I)ubuque, hma, for the fiscal year 1939-1940, and acting on allother business as nuty properly conte before a regular meeting of the City Council. Proof of publication, certified to by the publishers, of the notice of a public hearing to be conducted upon the pro- po>;etl annual budget prepared by the Cite \;imager and Citi• Council for the fiscal v(,ar 11).'.Q-40, presented and read. Councilman \';ut Duelman moved that the proof of publication be received and filed. Seconded by Councilman Whar- ton. Carried by the folmving vote: Veas—Xlavor Clark, Councilmen \1nr- phy, Thompson, Van Duelman, Whar- ton. Nit vs—None. No written objec- tions were filed and no one present in the Council Chamber objecting to the proposed annual budget for the fiscal year 1939-40. OFFICIAL NOTICE OF THE PROPOSED ANNUAL BUDGET PREPARED BY THE CITY MAN- AGER AND CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, FOR THE FISCAL YEAR, 1939-40. Notice is hereby given that the Cit} :Manager of the City of Dubuque has prepared a budget on the basis of esti- mates of the expenses of the various de- partments of said City for the fiscal year beginning April 1, 1939, and end- ing \-larch 31, 1940, and such depart- mental estimates show expenses of each department for the preceding year in addition thereto, the City Council has caused to be prepared a Budget for said fiscal year on the basis of estimates of the expenses of the several departments of said City, such estimates showing therein not only the purpose for which the consolidated tax levy authorized by Section 6217 of the Code of lotva 1935 is to be used, but in addition thereto, 71 the purpose for which all other tax levie, heretofore made are to he used, iuciud.ing revenues front miscellaneous -sources, the apportionment of the con- solidated tax levy having heretofore been determined by said Council and incorporated in a resolution for such purpose. This budget will he consid- ered fur liniiI adoption by the Cit,• Council :it it special meeting to he held in the Council Chamber at the Cite 1{;all on the 2,3rd day of \l:u•ch, 1939, at 7:30 o'clock p. nt. An\ taxpayer ob- jecting, thereto or prole -ting, to the sante, or to any item thereof, or any o;nission therefrom, shall present his objections to said Council on or before that date. 'phis notice is given pursuant to the direction of the Citt• Council. (. J. SI I r,A, 3-8-1t. City Clerk. 72 Special Session, March 23rd, 1939. Misc. l"cvenucs PROPOSED BUDGET FOR THE CITY OF DUBUQUE, IOWA, FOR THE FISCAL YEAR 1939-40. 1,600.011 Distribution of Consolidated Tax Levy. 1,400.00 General Fund --------------------------------------------------$169,166.00 Grading Fund ------------------------------------------------- 9,500.00 Improvement Fund --------------------------------------------- 13,500.00 Setter Fund ---------------------------------------------------- 2,01111.00 I.ight Fund ---------------------------------------------------- 39.372.00 Total----------------------------------------------------$233,53800 SOURCES OF REVENUE FOR 1939-40 FISCAL OPERATION A—From Taxes and Moneys and Credits Dog Licenses Levv Regular \lonevs -- Business ------------- --------- Funds— in 1lills Tax Credit-; _---------------------------------------------- .liscellaneous Rentals Consolidated ____________________ 7.000 $227,886.00 $ 5,652.00 $ 33,538.01! Bond Interest ___________________ 0.810 26,369.00 654.00 27,023,00 Bond Retirentent ________________ 1.685 54,855.00 1,360.00 56,215.00 Firelfaintenance________________ 3.495 113,780.00 2,822.00 11(,,602.110 Fire Equiprnem _________________ 0.375 12,208.00 .102.00 1 '•51(.00 Garbage Disposal & Street Cleaning 0.500 16,277.00 403.00 10,680.110 Park --------------------------- 0.625 20,347.00 504.00 20.851.00 Police Pension __________________ 0.301 9,799.00 243.00 10,042.00 Fire Pension ____________________ 0.500 16,277.00 403.00 10,080.00 Librar}• Operation --------------- 0.804 26,174.00 649.00 20,523.00 \fain Setaer----------------------- 0.513 16,700.00 414.00 17,114.00 Playground and Swimming Pool-_ 0.:80 12,371.00 306.00 12.677.00 Dock Operation _________________ 0.500 16,277.00 403.00 16,680.110 Dock Bond and futerest---------- 1.109 36,103.00 895.00 36,998.00 Snow Removal ------------------- 0.169 5,501.00 136.00 5,637.00 Emergency _____________________ 1.000 32,555.00 807.00 33,362.00 Subtotals -------------------- 19.766 $643,479.00 $15,953.00 ;?659,432.1111 Road Tax on .Agricultural Lands (General Fund)_________________ 1(I Library Tax on Agricultural Lands (I,ibrary Fund)______________ 67.00 Grand Total Receipts from Taxes as Levied :August, 1938___~659,6(14.(10 The above estimate is based on a revised taxable value of $33,.102.7.3�.()O• Which is the assessed value for 1939-40 operation upon which the 19.766 mill levy and the adjustment of moneys and credits equal to $15,95.1.00 :nnount, t- $659 ,432.00, plus taxes oil agricultural lands equal to $172.00, totals $(159,604.00, as obtained from the County Auditor. 1'he millage for 1938-39 operation was 19.845 mills on a taxable valuation (100% of assessed value) of $33,=438,391.00 amounting to $663.585.00, phi - Moneys and Credits of $15,000.00, plus taxes on Agricultural lands of $145.00, totaling $678,730.00. B—From Miscellaneous Sources, 1939-40. li,xcavation Permits Misc. l"cvenucs ---------------- -General Police Court Returns_ ________ ---------------------------- 111111 ical Permits ------$ 1011.110 g•,01),(1(I --------- --------------- -------------------- Plumbing Permits 1,600.011 --------- -------------------------- ----------- liuildiug Permits 1,400.00 Franchise Tax - -------------------- -------------------------------------------------- Scale Fees ('00.00 ------ ----------------------- State Highway Maintenan 2(11!.(111 Yce-------------------------------------- Sale of Real Pro ert 70(1.()()P ? Dieting Prisoners illll.11ll ----------------------------------------------- Ambulance Fees.------------------------------------------------ I OWN) Dog Licenses 1.110U.(nl -- Business ------------- --------- ------ 1,--- 00(LU0 _---------------------------------------------- .liscellaneous Rentals 4.11(10.011 _____ ----------------------------------- Cigarette Permits 8Oo.00 -- Beer Permits 1 2,(100.(111 --------------------------------------------------- -------------- .liscellaneous Sales -`---"'--------------- 20,000.00 ______ ------------------------------- Stt•imming Pool Receipts___________ 360.1111 ----------------------------- \\ilk Inspection Fees-------------------------------------------- 3,000.00 Department---____------------------------------------ Department Receipts 1.500.00 ___-- Board of Education O ---se)-___"------- ------------------- ------ ---------- 1.250.00 Total General Miscellaneous Revenues ---------------------- $65,000.00 r Special Session, March 23rd, 1939. 73 LIBRARY FUND Estimated Balance April 1, 1939----------------------------------- $ 223.00 Fines, Book Rentals, Etc.----------------------------------------- 1,000.00 Totals--------------------------------------------------------$1,223.00 PARK FUND Estimated Balance April 1, 1939 ------------------------------------ $1,50U.UU Collections, Concessions, etc. -------------------- --------------- 650.00 Totals------------------------ -------- --- PLAYGROUND AND SWIMMING POOL FUND Board of Education (Playgrounds) ------------------ .------------- $2.000.U0 Skating Receipts ------------------------------------------------- 300 -OU Athletic Field Fees------------------------------------------------ 275.00 Totals-----------------------------------$2,575.OU DOCK FUND \Vharfage Fees ------------------------------------------ Sl.5U0.00 Harbor Rentals, Leases, etc ------------------------------- 000.00 - 2,000.OU Total Estimated Miscellaneous Revenues ---------------- 72,948.00 Total Taxes, Mone,,,; and Credits ----------------------- 659,604.OU Total Estimated City Revenue ---------------------- ---------- $732,552.OU WATER WORKS DIVISION (Self -Supporting) Estimated Balance April 1, 1939 ------------------------ $20,000.00 Estimated 1939-40 Water Revenue ---------------------- 150,450.00 1 i 0,450.00 Estimated Grand 'Total Cite l:evenue and Water Division -____$903,002.00 CITY OF DUBUQUE, IOWA, APPROPRIATIONS FOR THE FISCAL YEAR APRIL 1, 1939, TO MARCH 31, 1940 GROUP 1 -GENERAL ADMINISTRATION (General Fund) Item 101 -Council 1938.9 Proposed 1939-40 appropriations 175.00 $ 175.00 -- ------ -- -- --appropriations B. 'Travel -------------- 25.00 25.00 J. Miscellaneous ---------------------------------- 200.00 5 200.00 'Totals ----- --------$ ----------------- Item 102 -City Manager's Office *$ 4,400.00 *$ 4,800.UU A. Salam• Citi• Manager (80%)------------------ 1,800.00 1,800.00 A. Salam Secretar% --------------' -------- 0.0 1100.00 1,0.00 A. Salar' Stenographer --------------------------- 100.00 10 10 B. Travel ----------------- ---------------------- 25.00 115.00 25.00 115.00 C. Office ------------------------------------------ ----- ------------------------ D. Printing ----------------------------------------200.00 200.00 F. Maintenance ---------------------------------- 325.00 325.00 G Materialrial and tiupphes_-------------------------- -- M,405.0() S 8,805.00 Totals ------------------------------ Item 103 -City Clerk's Office 2.400.00 $ 2,500.00 A. Salary Cite Clerl------------------------" --------- 150.00 A. Extra Help ------------- -------- ------ -- -- 75.00 75.00 G. Materials and Supplic>----------------- - -- ----- -- - ---S 2,475.00 $ 3,725.00 ----------------------- Totals --------------------------------------- Item 104 -City Auditor's Office *s 1,960.00 *$ 1,960.00 50.00 A. Salam• Cite Auditor (80%) ------------------ ------ 50.00 100.00 F. Maintenance __---.--------------------- - 100.00 G. ---------- Material and Supplies---------------- _ - - 2,110.00 2,110.00 $ Totals --------------------------------------- 74 - Special Session, March 23rd, 1939. Item 105 -City Treasurer's Office A. Salary Cite Treasurer (80clo)------------------- *$ 1,920.0(P +ti 1.920.11() A. Salary Stenographer (50%)--------------------- 100.00 500.011 D. Printing and Advertising---------------------- 25.(10 500.0(1 F. Maintenance ----------------------------------- 25.00 26,0u G. Material and Supplies ---------------------------- 150.0(1 150.0o 1. Surety Bond ------------------------------------ i0.U0 SU.Uu Totals _________________________-_____________-- 2,670.00 $ 2,670.00 (*NOTE: 2001c of Salaries of Cite Manager, City Auditor and City 'f rer are paid directly by Water Dept.) Item 106 -City Solicitor's Office A. Salary City Solicitor ---------------------------- S 4,0i0.00 $ 3,800.0() B. Travel ----------------------------------------- 40.00 40.0(j C. Office ---------------------------- - 40.0U 40.0U G. Material and Supplies--------------------------- 85.00 85.0U Totals ----------------------------------------5 4,215.U0 $ 3.965.UU Item 108 -Board of Review G. Material and Supplies ------------------------ y ------ 25.oU J. Board of Review____________________________ ---- 600.00 Totals -------------------------------------- 600.00 Item 109 -Civil Engineer's Office A. Salary Rodman --------------------------- ---S C. Office 1,500.0() 0(1 $ 1,500.0()----------------------- ----------------- E Equipment 10. 0 10.00 -------------- __ F. Maintenance ---------------- 10.0 10.00 _____----_, - G. Material and Supplies-___- 50(1.(10 500.0(1 -----___-- 500.00 500.00 Totals -----___ ---------$ 2,560,00 $ 2,560.00 Item 113 -City Elections A. Salaries Clerks, Etc. _________ _ _ - G. Material and Supplies ---------y 500.00 500-00J. ----------- Rents ------------- 400.00 41111.00 ------------------ 50.00 50.00 Totals ---------------------------------------$ 950.00 $ 9511.00 Item 114 -City Buildings A. Salaries Janitors _______ E. Equipment ------------------------$ 1,890.00 $ 2,000.00 F. ------------------------------------ Maintenance and Repairs_ 1,700.00 1,500.00 _ G. Material and Supplies-------------------------- __ 700.00 2,500.0(1 H. Heat and bight_______ 1,000.00 1,000.0() ---------------- 2,900.00 2,900.00 Totals--- -------------- -------------------$ 8,190.00 $ 9,900.00 Item 115 -Police Court A. Salary Police Judge _____-__ G. Material and Supplies 1.5.00 $ 1.500.00 ------- -------------------- 15--------------------$ 15.00 15.00 Totals --------------- ------------------------$ 1,515.00 $ 1.515.00 Item 116 -Civil Service Commission G. Material and Supplies_______ J• Miscellaneous ----------------------------- $ 50.00 -- 50.00 50.00 Totals -$50.00 ----- ---------------------------------$ 100.00 $ 100.00 Subtotals Group 1, General Administration ----- $ 33,990.00 $ 36,125-00 Z 00 Item 119A -Fire Department Maintenance Fund A. Special Session, March 23rd, 1939. 75 A. GROUP II -PROTECTION OF LIFE AND PROPERTY Item 118 -Police Department (General Fund) Salaries Captains (5)_____________ Salary Asst. City Electrician--------------- -------------------- 100.00 Rate Per Mo. Salary Drive -Mechanic (1) ------- Salanes Lieutenants (7) --------- A. Salary Chief of Police__---____---$ 3,000.00 ( 1) @ $225.00 8 2,7UO.OU A. Salary Senior Captain (1) -------- 2,100.00 ( 1) @ $175.00 2,100.00 A. Salaries Captains (2)_____________ 3,720.00 ( 2) @ $155.00 3,720.00 A. Salaries Detectives (4) ----------- 7,200.00 ( 4) @ $150.00 7,200.UO A. Salaries Desk Sergeants (3) ------ 1,220.00 ( 3) @ $155.00 5,580.00 A. Salaries Motorcyclists (2) ------- 3,480.00 ( 2) Cu) $145.00 3,480.00 A. Salaries Patrolmen (25)__________ 42,000.00 (25) @ $140.00 42,000.00 2,300.00 (After First Year) F. :Maintenance -------------------- A. Salaries Matrons (2)_____________ 2,400.00 ( 2) @ $100.00 2,400.00 A. Salaries Special Officers ---------- 100.00 100.00 B. Travel -------------------------- 50.00 50.00 C. Office --------------------------- 425.00 425.0U D. Printing ------------------------ 50.00 50.00 E. Equipment ---------------------- 1,000.00 2,000.OU F. %laintenance------------------------------------ 2,200.00 2,200.0U G. Material and Supplies---------------------------- 2,700.00 2,700.0U J-1. Feeding Prisoners ----------------- 900.00 900.OU J-2. %Iiscellaneous (Injuries) --------- 300.00 300.00 'totals ------------------------.$76,845.00 77,905.00 Item 119A -Fire Department Maintenance Fund A. Salary Fire Chief-----------------$ 2,760.00 ( 1) @ $230.00 8 2,76LWO A. Salaries Senior Captains (2) ------ 3,960.00 ( 2) @ $165.00 9,300.00 ( 5) @ $155.00 3,960.U6 9,300 -OU A. Salaries Captains (5)_____________ Salary Asst. City Electrician--------------- -------------------- 100.00 A. A. Salary Drive -Mechanic (1) ------- Salanes Lieutenants (7) --------- 1,980.00 12,180.00 ( 7) @ $145.00 12,18UM) A. Salaries Engineers (4) ----------- 6,960.00 ( 4) @ $145.00 57,120.00 (35) @ $140.00 6,960.0.0 58,800,00 A. Salaries Firemen (34) ------------ ------------ Equipment ------------------------------------ 150.00 A. (After First Year) Salaries Firemen (2)------------- 3,000.00 ( 2) @ $ 125.00,000..QU 200.00 200.00 200.00 (During First Year) 50.00 SU.OU B. Travel 650.00 650.00 C. Office -------------------------- 35.00 35.00 D. Printing _----_- ----------------- 2,300.00 2,600.00 F. :Maintenance -------------------- 7,000.06 F. Repairs to Buildings------------- 2,700.00 2,700.00 G. Material and Supplies ---__------- 3,300.00 3,300.00 H. Heat, Light --------------------- 200.00 200.00 1. J-1. Insurance ----------------- ------ Miscellaneous (Injuries) --------- 1,200.00 1,200.00 160.00 J-2. Interest on Warrants -------- 160.00 1,596.00 1747.00 J-3. Reserve for Emergency___------- $116,602. OU Total ----------------- __---__~109,451.00 Item 119B -Fire Equipment Fund E. Equipment ---------- ---_----_--$ 7,661.00 $ 12,51U.Uu Item 120 -Fire and Police Alarm (General Fund) A. Salary City Electrician---------------------- ____$ 1950.00 1,, 00.00 $ 1,95U.06 1,800.00 A. Salary Asst. City Electrician--------------- -------------------- 100.00 100.06 A. Salary Extra Help-----------------------`-- 100.00 100.00 C. Office ------------- ---------------------------- 150.00 150.00 E. ------------ Equipment ------------------------------------ 150.00 150.00 200.00 F. G. Maintenance ------------------ ----------- ------------ Material and Supplies--------------- 200.00 200.00 200.00 H. Heat, Light and Power------------------- ----- _ 4,650.00 $ 4,650.OU Totals ------------ ----------$ 76 Special Session, March 23rd, 1939, Item 121 -Building Commissioner's Office (General Fund and Misc, General Revenues) and Misc. General Revenues) A. Salary Building Commissioner ------------------ *$ 3,000.00 *$ 31000.0u A. Salary Stenographer (20% rime)--------------- 200.00 200-0U C. Office ------------------ 25.00 25.00 'F. Maintenance ---------------------------------- 150.00 150.00 -G. Material and Supplies--------------------------- 100.00 100,00 Totals ---------------------------------------$ 3,475.00 $ 3,475.00 (General Fund -$1,675.00; Fees $1,800.00) (*Note: Includes Civil En- gineering Duties) (10 X40, Salary School Nurse________ )------------- 1,700.00 Item 122 -Plumbing Inspector's Office (General Fund and Misc. Gcnci,,1 Revenues) A.. Salary Plumbing Inspector__---- _ __-__$ 2,1611.00 $ 2,loo.0U A. Salary Stenographer (15% Time) ----------- ----- 150.00 150,0;) C. Office --- ----- --- 25.00 25.00 .D... Printing ---------------------------- - -- - - --- 15.00 15.00 .G...Material and Supplies ------------------ - - ____ 50.00 50.00 J-1. Plumbing Board -------------------- _. - 30.00 30.00 Total- ----------------------------------..-___$ 2,430.00 $ 2,430.OU (General Fund $830.00; Fees $1,600.00) Item 123 -Electrical Inspector's Office (General Fund and Misc. General Revenues) A. Salary Director (Part Time)__________ A. Salary Electrical Inspector--------------------$ 2,220.00 A. A. ' Salary Stenographer (15% Time) ____--_-- 150.00 I u u - .C.. Office ----------------------------------------- D. Printing 25.00 25.00 --------------------------------------- F. Maintenance ----------------------------------- 15.00 175.00 I5.0u 175.00 •G. Material and Supplies___________________________ 100.00 100.00 Totals ------------------ --------------------$ ..,685.00 $ 2,68i.0U (General Fund -$1,285.00; Fees -$1,400.00) (10 X40, Salary School Nurse________ )------------- 1,700.00 Item 124 -Dog Pound (Misc. General Revenues) A. Salary School Nurse---------------------------- •J• Enforcement Dog Ordinance -------------------- $ Subtotals Group II, Protection 150.00 $ 150.00 of Life and Property $207,3.17.00 1,350.00 $220,407.00 GROUP III -HEALTH AND SANITATION Item 125 -Health Operating (General Fund) A. Salary Director (Part Time)__________ A. - _$ Salary Sanitary Inspector----------------------- 1,800.00 $ 1,800.00 A. .Salary Clerk 1,450.00 1,-450.00 A. __------------- -------- Salary Restaurant Inspector 1,080.00 1,080.00 A. ----_----- Salary Head School Nurse -`------- 900.00 1,080.00 A. (10 X40, Salary School Nurse________ )------------- 1,700.00 1,700.00 A. Salary School Nurse---------------------------- 1,400.00 1,400.00 A. --------------- Salary School Nurse_______ 1,350.00 1,350.00 B. _ Travel --__ -------------------- 1,250.00 1,250.00 C. Office --------'---- ----------------------- --------- 50.00 50.00 D ------- ------------------------- Printing --------------------------------------- 150.00 150,00 E., ---------- Equipment -------------- 50.00 50.00 F. Maintenance (2 cars)------- ----- 250.00 250.00 J-1 J-2 Laboratory Expense -------------- _----__. Miscellaneous -------------------- 400.00 400.00 900.00 ____ ----------------------------- 900.00 100.00 100-00 Totals ______ ----- -----------" -------------------$ 12,880.00 $ 13,060.00 Special Session, March 23rd, 1939. 77 Item 126 -Control of Contagious Diseases 1 800 00 $ 1,800.(1(1 J. Control of Contagious Diseases __________________$ 1,200.00 $ 1,200.00 Item 127 -Sewer Maintenance (Main Sewer Fund) F. G. Maintenance ----------------------------------- \laterial and Supplies--------------------------- A. Salary Sewer Foreman -------------------------- $ 1,800.00 $ 1,800.00 A. Wages Laborers _______________________________8,500.00 $ 2,050.00 8,500.00 E. Equipment ------------------------------------500.00 Wages Laborers ---------------------------- 500.00 F. Maintenance ----------------------------------- 700.00 700.00 G. Material and Supplies--------------------------- 300.00 300.00 J-1. Power for Sewer Pumps------------------------ 1,300.00 1,3(10.110 Totals ---------------------------------------$ 13,100.00 $ 13,100.00 Item 128 -Garbage Disposal (General Fund) J. Contract for Garbage Collection and Disposal ---- $ 18,000.00 $ 18,000.00 Item 129 -Milk Inspection (General Fund and Misc. General Revenue) A. Salary Milk inspector --------------------------- $ 1,800.00 $ 1,800-1) E. Equipment ------------------------------------ 160.00 160.00 F. Maintenance of Inspector's Car__________________ 300.00 300.00 G. Material and Supplies--------------------------- 100.00 100.00 Totals -------------------------------------$ 2,360.00 $ 2,360.00 (Milk Inspector's Fees -$1,500.00; General -$860-0). Subtotals Group III, Health and Sanitation ------ $ 47,540.00 $ 47,720.00 GROUP IV -HIGHWAYS AND STREET LIGHTS Item 131 -Highways Administration (General Fund)$ 1 800 00 $ 1,800.(1(1 A. Salary Timekeeper ------------------------- 100.00 100.(1(1 F. G. Maintenance ----------------------------------- \laterial and Supplies--------------------------- 150.00 150.00 Totals ---------------$ 2,050.00 $ 2,050.00 Item 132 -Street Repairing and Grading (General Fun$dl an0d00.00 Grad g5 000 -0 A. Wages Laborers ---------------------------- 4,500.011 E. Equipment ------------------------------------ 4,500.00 4.500.00 4,500-(1 F. Maintenance ----------------------------------- 5,500.00 5,500.0(1 G. Material and Supplies --------------------------- 29,5000) $ 29,500.110 Totals -----------------------------------"---$ (General --$24,500.00; Grading -$5,000.00). Item 133 -City Garage (General Fund)-- - 2,300.00 $ 2,300.00 A. Salary Head Mechanic----------------- - 5,200.00 5,200.110 A. ------------- Salary Mechanics ------------------------------ 75.075.00 C. ------ Office ----------------------------------------- 500.000 500.011 E. Equipment ------------------------------ 400.00 400.00 F. ------------ Maintenance on Garage ------------------------- 325.00 325.00 G. Material and Supplies 2,500.00 2,500.00 H. Heat, Light, Power-------------------- -------- 50.00 50.00 I. Insurance on Garage---------------------"'-- - _$ 11,350.00 $ - $ 11,3511.00 Totals --------------------------------------- ------- ---------------- Item 134 -Ash and Can Collections (General Fund) $ 8'00C1.00 $ 8,00(1•(111 A. Wages Drivers and Laborers----------------- 1,400.00 1,400-0 F. 3[aintenance----------------------------------- 500.00 500.00 G. Material and Supplies---------------- ----------- � il--- � (-- 9,1(1(1.0(1 Item Totals --------------------------------------- 138 -Street and Traffic Signal Lighting (Light S'gnals---_$ Fund) 48'992-0 $ 39,600.00 H. Total for Street Lighting and Traffic 772.00 J. 2% State Sales Tax ____-__- ---------------- ------$49,572.00 _____------ $39,37_'.00 Totals ----------------------------------------- _---------------------- Fund) Item 140 -Street Cleaning (Garbage Disposal and Street Cleaning 12,500.00 $ 12,500.(10 A. _--$ Wages Drivers and Laborers----------------- 500.00 X00 011 3,000.00 E. --------------------------- 30100.00 Equipment --------- ------------ 10110.0(1 580.00 F. G. Maintenance ----------------------------------- -------- Material and Supplies--------------- __ 102.00 100.00 J. ------------ Surplus -------------------------------- _____ ------- ---------- _______$ --� 17,102.00 ------- $ 16,680.0 Totals ------------ ----------- GROUP VI -PARK FUND Item 144A -Park Administration A. Salary Superintendent _________________________ $ 1,800.00 $ 1,800.00 B. Travel ------__ ____------ 50.00 100,00 ----------------------- D Office g and -- demi--------------------------- 125.00 125.00 D. Printing and Advertising________________________ 2S.U(1 50.00 J -l. Miscellaneous _-__--______ 15.00 11.00 Totals -------------- ------------------------$ 2,015.00 $ 2,086.00 Item 144B -Park Areas, Buildings, Etc. Special Session, March 23rd, 1939. A. 78 C. Ice Removal (Snow Removal Fund) ---------$ 11,600.00 $ 10,500.011 Ite -Snow and 2,000.00 A. Labor ------------------ ----------------------- 1,200.00 $ 3,900 UU E. Equipment --------------------------- ------- 800.00 350.00 1,000.00 F. G. ---------- Maintenance -- ---- - - --------------- Material and Supplies-------------------------- 3,820.00 350.00 J. Reserve ---------------- ----- 2.200.00 37.00 1. J 2. Total---------------------------------------- - '00.00 ` 5,07.00 Subtotals Group IV, Highways & Street Lighting$119.474.00 $114,489.00 600.00 GROUP V -LIBRARY Totals--------------------------------------- Item 143A -Library Fund and Misc. Library Revenue --------------- Subtotals Grou VI A. Salary Librarian -------------------------------$ 2,280.00 $ 2,280.00 A. Salary Reference Librarian---------------------- 1,680.00 1,680.00 A. Salary Catalogue Librarian------------------- 1,500.00 1,500.00 A. Salary Child Librarian-------------------------- 1.380.00 1,380.00 A. Salary School Librarian_________________________ 1,080.00 1,080.00 A. Salary .acting Circulation Librarian______________ 1,020.00 1,020.00 A. Salary General Assistant________________________ 900.00 900.00 A. Salary General Assistant________________________ 840.00 840.00 A. Salary General Assistant________________________ 8.30.00 840.00 A. Salary General Assistant________________________ 840.00 840.00 A. Salary General Assistant (Half Time) ----------- 621.00 621.011 A. Salary Janitor --------------------------------- 1.260.00 1,260.00 B. Travel ---------------------------------------- 50.00 50.00 C. Office ------------------------------------------ 100.00 100.00 D. Printing _______________________________________ 50.00 50.00 E. Equipment Books ______________________________ 6,000.00 6,000.00 F. Maintenance ___________________________________ 2,711.00 2,711.00 G. Material and Supplies___________________________ 1,000.00 1,000.00 H. Heat. Light, Water_____________________________ 2,100.00 2,100.00 1. Insurance ------------------------------------- 300.00 300.00 J-1. Interest on Warrants___________________________ 100.00 100.00 J-2. Reserve for Emergency_________________________ 1,161.00 1,461.00 Totals ---------------------------------------$ 28,113.00 $ 28,113.00 (Library Fund -$26,890.00; Misc. Library Revenue -$1,223.00) Item 143B -Library Building Fund J. Payment on Building --------------------------- $ 16.14.3.00 ---------- Subtotals Group V, Library ------------------- $ 44,257.00 $ 28,113.00 GROUP VI -PARK FUND Item 144A -Park Administration A. Salary Superintendent _________________________ $ 1,800.00 $ 1,800.00 B. Travel ------__ ____------ 50.00 100,00 ----------------------- D Office g and -- demi--------------------------- 125.00 125.00 D. Printing and Advertising________________________ 2S.U(1 50.00 J -l. Miscellaneous _-__--______ 15.00 11.00 Totals -------------- ------------------------$ 2,015.00 $ 2,086.00 Item 144B -Park Areas, Buildings, Etc. A. Wages of Laborers-___------ C. Forel --------- Forestry Labor ---------$ 11,600.00 $ 10,500.011 E. ---------- -------------------- Equipment 2,000.00 F. ------------------------------------ Maintenance ----------- ---------- 1,200.00 1.125.00 G. Material and Supplies--------------------------- 800.00 800.00 H. Heat and ------------------- Light-------------------------------- 3,820.00 890.011 L J insurance -------------------------- Renovatlons 2.200.00 2.000.00 500.00 1. J 2. and Replacements_________-- Interest, Reserve - '00.00 500.00 and Assessments______________ 788.00 600.00 Totals--------------------------------------- . --------------- Subtotals Grou VI --------$ 21,608.00 $ 20,915.00 -Park Fund_______________$ (Park Tax- p $20,851.00; Misc. 23,623.00 $ 23,001.00 Park Revenues -$2,150.00) Item 145B -Playgrounds A. Special Session, March 23rd, 1939. 2,050.00 S 79 A. GROUP VII -PLAYGROUND AND SWIMMING POOL FUND Item 145A -Recreation Administration E. Equipment ------------------------------------ A. Salary Director --------------------------------$ 2,250.0U 3 2.23().()0 B. Travel ---------------------------------------- 50.00 50.00 C. Office ----------------------------------------- 60.00 120.04) I,. Maintenance (Car) _____________________________ 360.00 360.0.1 G. Material and Supplies -------------------------- 100.00 100.00 200.00 Totals ---------------------------------------= 2,320.00 $ 2,880.00 Item 145B -Playgrounds A. Salary Supervisors, Directors, Etc. ______________$ 2,050.00 S 2,050.00 A. Wages of Laborers----------------------------- G. 200.UU E. Equipment ------------------------------------ 150.00 500.00 F. Maintenance ----------------------------------- 750.00 650.OU G. Material and Supplies ---------------------------- 300.OU 40U.UU H. Heat, Light ------- ------ --------------------- 100.00 100.00 I. Insurance -------------------------------------- 30.00 50.GU Totals ---------------- - -------------------- $ 3,400.00 $ 3,930.OU Item 145C -Music Events J. Cost of Music ------------------------ ---- 250.00 Item 145D -Winter Sports A. Wages Check Room, Etc .-----------------------$ C. Office ---------------- E. Equipment ---------------------- ------------- F. Maintenance ----------------------------------- G. Material and Supplies ---------------------------- H. Heat and bight ------------------------ ------- 350.00 $ 650.OU 23.00 25.UU 50.00 100.0U 50.00 200.00 50.00 150.UU 275.00 375.00 Totals ---------------------------------------$ 800.00 Item 145E -Swimming Pool Operation $ 1,500.00 A. Salary Superintendent --------------------------$ 300.00 $ 450.U0 A. Salary Guards (-4)------------ ------------ --_ 840.00 840.00 A. Salary Attendants ------------------------------750.00 1,50O.OU A. Wages Laborers ------------------------------- 110.00 50.00 C. Office50.00 ----------------------------------- 300.00 600.OU F. Maintenance ------------------------------------ 150.00 250.00 G. \daterial and Supplies------------------- ------- 600.00 600.00 H. Light and I'u�cer___________________ __--_--___ 200.00 200.00 1. Insurance -- ----------- ---------------- 100.00 100.00 J Jliscellaneou� -- ------------------------- -- $ 4,540.00 Totals - - - -- Item 145G -Indoor Winter Sports _$ 50.00 $ IUU.UO I\1i'ccll:lw(i 11- ---------------------------- Item ---_- Item 145H -Emergency S 50.00 3 50.00 J-1. Interest on Warrants -----------------------115.00 182.00 -... Reserve---------------------------------------- --- -----$ 165.00 $ 232.00 Totals ------------"-- Special Session, March 23rd, 1939. Miscellaneous ----------------------------------$ 25.00 $ 25.00 Item 148E -Ambulance (General Fund and Misc. Revenues) 3,300.00 A.Salaries Item 146 -Athletic Park 3.360.00 $ 3,360.OU r � A. Wages Caretake------------------------------ 40000 0.00 300.uu F. Maintenance ----------------------------------- G. Nlaterial and Supplies--------------------------- 1 150.00 � au.0u 150.00 -H. Lights --------------- ------------------------- 2110.00 500.00 2ooj)0j 500.00 L ..Insurance ------------------------------------- Nliscellaneous--------------------------------- 50.00 SU.uu Totals ---------------------------------------$ 2,0511.00 2,0500,, " Subtotals Group V 1 l Playgruund and Swim- 1250o 125.0u ming Pool ---------------------------------$ 12,935.00 $ 15,252.0 (Playground and Swinuning Poul Tax -$12,677.00: Misc. PlaY61.01111d Revenue -$2,575.00) 00; Misc. 1 Subtotals Group IX, Publi eral R $1,200.00) �05 GROUP VIII -MISCELLANEOUS 06 $ 1,505.00 Item 147 -Planning and Zoning (Genaral Fund) J.• Miscellaneous ----------------------------------$ 25.00 $ 25.00 Item 148E -Ambulance (General Fund and Misc. Revenues) 3,300.00 A.Salaries Drivers(2)----------------------------$ 3.360.00 $ 3,360.OU 'F. Maintenance ----------------------------------- 300.00 300.uu G: Material and Supplies.. ------------------------- 150.00 150.0u I. Insurance ------------------------------------- 52500 525.0(j 1,500.00 Totals -------------- ------------------------$ 4,335.00 $ 4,335.0 1,900.00 (Ambulance Fees -$1,00,,.0); General Fund -$3,335.00) 1250o 125.0u Items 148C -Other Miscellaneous (Geaeral Fund) J-1. Iowa League uiMunicipalities ------------------ 5 50.00 $ 80.00 J-2. Damages -------------------------------------- 3,300.00 3,300.0U J-3. Printing Council Proceedings___________________ 3,200.00 3,200.00 J-4. Revised Ordinances ____________________________ 17,269.00 1,51M.00 J-5. State Examiners _______________________________ 2,000.00 2,000.0(1 J-,6. Repairs to Town Clock_________________________ 15000 300.00 J-7. Misc. Unclassified ______________________________ 1,500.00 3,000.Ou J-8. Workmen's Compensation lusurance------------ 1,900.00 1,900.00 J-9. Interest on Warrants_--_ -_----- _______________ 1250o 125.0u Totals ------------- ---____-$ 12,22500 $ 15,605.00 Item 148F -Airport (General Fund) I. Insurance -------------------------------------$ 130.00 $ 130.00 J. Miscellaneous ---------------------------------- 554.00 550.1111 Totals --------------------------------------- $ 684,00 $ 680.00 Subtotals Group VIII, \liscellaneuus----------- $ 17,269.00 $ 20,645.0(1 GROUP IX -MARKETS AND PUBLIC SCALES (General Fund and Misc. General Revenues) Item 152 -Market Master's Office A. Salary Market \ aster---------------------------$ F. -:Maintenance 1,400.00 $ 1,400.00 ------------------------------------- G. Material and Supplies_________________ J-1. Miscellaneous 20.00 6500 20.OU 65.00 --------------------------------- 20.00 20.00 Totals ------- ----------------------$ 1,505.00 $ 1,505-00 00; Misc. 1 Subtotals Group IX, Publi eral R $1,200.00) �05 IX - Markets and Scales$1 06 $ 1,505.00 GROUP X -MUNICIPAL IMPROVEMENTS Item 162 -Assessments and Sewers J-1. City's Share of Special Assessments ------------ 6,000.00 $ 8.000.00 J-2• Storm Sewer and Inlets_2,000.00 Totals 6,000.00 $ 10,000,0') Subtotals Group X -Municipal Improvements__$ 6,000.00 $ 10,000.00 (Improvement Fund -$8,000.00; Sewer Fund -$2,000.00) Special Session, March 23rd, 1939, 81 GROUP XI -PENSION FUNDS Item 154 -Police Pensions J-1. Police Pensions ------------- ------ -- ----- 8,996.00 9,300.0.; J-2. Police Retirement System ----------------------- 74-1.0,) Totals ---------- -------------------------$ 8.996.00 $ 10,042.00 Item 155 -Fire Pensions J-1. Fire Pensions ---------------------------------$ 16,999.110 $ 15,700.011 J-2. Fire Retirement S> ,tem-------------------------- 98u.00 Totals ---------------------------------------$ 16,999.00 $ 16,680,011 Subtotals Group XI-Pensit ns________________$ 2i,995.t10 26,722.110 GROUP XII -MUNICIPAL INDEBTEDNESS Item 161J -1 -City Bonds and Interest A-1. Regular City Bond Interest--------------------� 46,535.00 $ -1.1,985.00 A-2. Grading Bond Redemption--------------------- 12,000.0U 16,000.00 A-3. Storm Sewer Bond Redemption ----------------- 48,000.00 48,000.110 A-4. Sinking Fund ------------------------------- 100.00 11,000.00 A-5, Improvement Bond Redemption ----------------311,000.1)0 50.00 3U,000.U0 A-6. Surplus --------------------------------------- 39.00 1,495.110 Totals ----------------------------$136,57.4.00 300.(111 $1511,480.00 (Bond Interest Fund -$27,023.00; Bond kc-tirement Fund -$56,215.00; Grading Fund -$4,500.00; Improvement Fund -$4,01=3.00; Water Works Fund -$20,1100.00; Fund -$5,500.00; main Sewer Emergenc. Fund - $33,228.00 ) 500.00 Item 161J -2 -Dock Bond and Interest Fund �--- $ A-1. Interest on Dock Bonds ------------------------ $ 10,265.00 21,000.00 $ 9,345.00 26,000.00 A-2. Dock Bond Redemption ----------------------- 373.011 1,653.00 A-3. Surplus --------- ----------------- 31,638.00 $ 36,998.011 Totals ---------------------------------------$ Indebtedness $187,478.00 Subtotals Group ?SII--\Innicipal -$168,212.00 EMERGENCY AND RESERVE 00 Reserve in General 'Misc. Revenues - ------------- ---� 184.00 2'`84. 321,00 134.00 00 Reserve in Emergency Fund------------------------ Pav,000.00 ment of General Fund Warrants for 1936-37- 27 W. P. A. Projects and New Swimming Pool- --- 472.50 Interest oname----------------- ----------------- Totals ---------------------------------------I 27,978.00 $2,415.Ou GROUP XIII -DOCKS (Dock Fund and Misc. Dock Revenues) Item 153 A -Dock Operation 240.00 S 240,00 A. Salary Engineers ---------------------- ---------$ 150.00 150.00 B. Travel 100.00 100.00 --------------=-------------------------- F. Maintenance ---------------------------------- - 50.00 50.00 G. Material and Supplies----------------------"---- 475.00 475.00 I. Insurance _____________ ------------------------- 300.00 300.(111 J-1. Traffic Association Dues-------------------- 100.00 100.00 "200 J-2. Improvements ------------------------------ --- 200.00 UO 51111.110 J-3. Miscellaneous --------------------------------- 500.00 J-4. band Purchase Contract-------- �--- $ ---$ 2,115.00 ..,115.110 Total Dock Operation--------------- ------ 82 Special Session, March 23rd, 1939 Item 153 B- Dredge Operation A. Salary L;ugincers ------------------------------ $ 180.00 $ 180.0(1 A. Salary Operator ------------------------------- 1,800.00 1,800.00 A. Salary Oiler ----------------------------------- 1.100.00 1,100.011 A. \Pages Laborers ------------------------------- F. Maintenance (Repairs) ------------------------- 578.00 500.00 578.00 5011.110 G. \laterial and Supplies--------------------------- 200.00 2U0,00 H. Electric PO\ver-------------------------------- 3,500,0() 3,500.00 1. Marine insurance ------------------------------ 725.00 725.00 I. Workmen's Compensation insurance_____________ 225.00 , 5.ou J, Jliscellaneous---------------------------------- 350.00 045.00 Totals ---------------------------------------$ 9,158.00 $ 9,453.w) Item 153 C -W, P. A. Project E. 'trucking $ 3,000.00 ? 1.450.0. E. Scale Rental ----------------------------------- 250.00 25io E. Derrick Rental --------------------------------- 90.00 E. Tools ------------------ 200.00 366.00 E. Life Preservers -------------------------------- 50.00 G. Cement --------------------------------------- 360.00 G. Supplies --------------------------------------- 5011.011 Totals ---------------------------------------$ 3,950-00 S 2,5()u u0 Item 153 D Repayment of Loan to Water Works ----------------- $ 5,500.00 G. Seventh St, Storm Sewer \laterials_--_____------ 4,612,00 Totals ------------------------- ------------ ` 5,500.00 $ 4,612.00 Subtotals Group X111 -Docks- _ .---------- .1< 20,723.00 $ 18,680.00 (Dock Tax Fund -$16,680.00: V i>r. D Irl; PL-\( uc-$2,000.00. P ) GROUP XIV -WATER WORKS (Self Supporting) Receipts Est. Cash on hand, .April 1st__-__-- ------------ Est. Receipt; for metered S ),000.00 S 20,0011.00 ales ------ _------------- Est. Receipts from Flat Sales---------------- 1 0u.,00.00 ';flum 140.000.00 250.011 Est. Receipts from Fire Protection Service -------- _ Est. Receipts from Non -Operation Service 2,250.00 2,250.011 ------------ Est. Receipts from Sales Tax------------------------ 5,000.00 2, x;;0.00 5,000.110 2,950.00 Est. Repayment of Library Loan Balance_ Est. Repayment of Dock Fund---------------- ', 52 ------ 5,500.60 Totals ------------- ---$179,612.52 $170,450.00 149 A -Administration DISBURSEMENTS A. Salary Superintendent ---------- - -----$ A. Salam• Accountant -- -__- 3,000.00 *$ 3,000.(10 -------------- - - Salam• Stenographer and Clerk ----------- ----- A. Salary 2,160.00 1,560.00 2,11;11.1)0 I.�nll.110 Clerk --____-- A. Salam• City \tanager 20%------------------ ---- A. Salary Clth' ----------- 1,200.00 1,400.00 1,200.00 1,211().011 .Auditor 20°'0___------ A. Salar} Cit. 'Treasurer ZO%-----------------�--- B. 'Travel 480.00 480.110 ____---------- C. Office Expense and Postage 125.00 125.00 8011.00 -------------- D. Printin • .------- 6 and Advertising------------------------ E. Equipment 800.00 300.00 300.110 ---------------------------- F. Maintenance """"-'-- 1,150.00 1.1511.011 ------------------------------ G. Material and Supplies_______ --------------------------- 300.00 300.00 3110.00 800.1)11 Insurance 800.00 ____-- ------------------------------ J -l. 100.00 50.(111 ---------------------------------- N.Refunds Refunds 3,600.00 4,500.00 -------------------- ---------------------- 3. Miscellaneous 2,000.06 2,500.01) -__-__---___ J-4, State Sales Tax--------- --------------------- 500.00 500.0() ----------------------- 2,950.00 2,950.00 Totals (*NOTE: Include -_-_--$ s Cashier Duties) 22,615.00 $ 24,365.00 Special Session, March 23rd, 1939. 83 149 B—Water Operation A. A. A. A. A. A. A. A. A. A. A. A. E. F. G. H. I. J-2. J-3. J -a Salary Field Engineer ---------------------- $ Salary Plant Chief Engineer__________________ Salary Plant Engineers (6)__________________ Wages Extra Station Labor_________________ Salary 'Tapper ----------------------------- Salary 'Meter Service \lan__________________ Salary Water Repair Man__________________ Salary Meter Reader_______________________ Salary Asst. Meter Repair %lan______________ Salary General Foreman____________________ Salary Asst. Foreman_______________________ Wages of Laborers_________________________ Equipment-------------------------------- Maintenance ------------------------------- Material and Supplies_______________________ Heat, Light and Power_____________________ Insurance---------------------------------- Water Main Materials ---------------------- Other Betterments _________________________ Store Reserve ----------------------------- Miscellaneous----------------------------- 2,300.00 2,160.00 10,800.00 1,000.00 1,620.00 1,560.00 1,860.00 1,560.00 1,620.00 2,250.00 1,680.00 11,500.00 10,000.00 13,620.00 1,500.00 25,000.00 4,500.00 15,000.00 32,000.00 3,000.00 1,225.00 (1) (2) (3) (1) (2) 2,400.00 2,160.00 10,800.00 1,000.00 1,62(1.1)0 1, i60.00 1,86001 1,560,00 1,62(.00 2, 250.(0. 1,680.00 8,01)0.00 10,11110,1111 12,000.00 1,500.011 25,000.011 1,250.00 10,000.0(1 25,000.00 3,000.00 1,000.00 Totals-----------------------------------$155,855.00 $125,260.00 Grand Total Nater Works Appropriation ------------ $178,370.00 $149,625.00 Non -approved Reserve ------------------------------ 1,112.52 825.00 Transfer to Citv Indebtedness----------------------- 20,000.00 $179,612.52 $170,450.00 (1) $18,000.00 for Necessary Water Jlain Extensions and Improvements. (2) $35,000.00 for New Equipment and Constructions. (3) $12,000.00 for Repairing Buildings, .-artesian Wells and Painting F� agle Point and West Third Street Statin, Interiors and Extensions. RECAPITULATION OF TOTAL APPROPRIATIONS ANI) RESERVES Budget Proposed 1938-39 1939-40 (a) City Operation, Groups I to XI Inclusive. Enver- $567407 50 -$567,407.50 $543,979.00 gency and Reserve -------------------------- Reserve in General Fund and General disc. 1843 �0 2,291.00 Revenues ---------------------------- 321.00 133.00 Reserve in Emergency Fund-------------------- 168,212.00 187,-178.11,i ____ (b) Municipal Indebtedness, Group XII -------------- 2072300 18,680.00 (c) Docks, Groups XIII --------- IV------_ XIS 178,470.00 149,625.00 roup- -------- (d) Water Works Appropriation, Group 1,142.52 825.01) ------ Water Works Reserve -------------------- ---- $903,002.00 Totals ---------------$936,360.52 ----------- _678,91LOU $659,60a.UU Tax Revenue -------------------- -- Miscellaneous Revenues and Estimated Balances 77,937.00 72 9 38 UU April 1, 1939-------------- --------------- ---- 179,612.52 17O,a50. U Water Works Revenue_-___------- -------- $936,460.52 ---- $903,002.00 84 Special Session, March 23rd, 1939. Resolution No. 42-39. Councilman Van Duelman moved that Council has prepared the reading just had be considered the Whereas. this expenditures for second reading of the ordinance. Sec its budget of proposed beginning April 11 1939, onded by Councilman Wharton. Car_ the fiscal year and ending March 31, 1910, wherein for the expenses of the de ried by the following vote: Peas-- \favor Clark, Councilmen \lurphy, estimates and purposes are shown, fn- Tltompsou, Van Ihtelman. Wharton.partments ThOl"PNone. eluding the estimates for which the con-Nays— levy all other levies Van Duelman nun ed d tax and heretofore made, receipts from moneys heretofore that the rules be suspended for the pur- rose of allowing ani one 1 f present in the and credits and miscellaneous sources be used, and said budget shows Council Chamber, who wishes to do so, are to the expenditures for the to address the Council. Seconded by all of proposed all fng fiscal year, and the same was as provided by law, and rut Councilman Thompson. Carried by the following vote: Peas—\layor Clark, 'Thompson, published opportunity was given all who might to file objections or protest to the Councilmen \lurphy, Van Duelman, Wharton. Nays --None• Mr• wish same or to ally omissions therefrom, Roland White addressed the Council re - and the time for final action thereon questing that the City Council go oil having been fixed as the 23rd day of record favoring the •uloption of enab- \larch, 1939: and ling legislation by the State Legisla- Whereas, all objections thereto have ture in order that the City of Dubuque been dill%. considered by this Council might qualify for federal aid in slum and it is deemed advisable to make no clearance and low-cost housing con - changes or alterations therein, and this truction and that State Senator Bald - being the day for final consideration will and State Representatives Reilly thereof; Now, Therefore, and Nfanly be advised of the Council's Be It Resolved, by the City Council action on this matter. of the City of Dubuque that said budget \larch 16, 1939. of proposed expenditures for the fiscal City Council, Dubuque, Iowa. year beginning April 1, 1939, and ending Hon. Mayor and Councilmen: March 31, 1940, as heretofore prepared Enclosed you will find a letter that be and the same is hereby adopted and has been sent to Senator H. Baldwin, approved. Representative R. Reilly and Repre- Passed, adopted and approved this sentative J. Manly, urging them to do 23rd day of March, 1939, all they can in the passing of these bills. CARL A. CLARK, Mavor. These bills pertain to a Slunt-clear- FRANK VAN DUEL\IAN, ince and Low -rent Housing Program, ALBERT WHARTON, that the American Federation of Labor GEO. R. MURPHY, has been advocating since 1937. Con - F. W. THOXIPSON, gress has adopted the Wagner-Steagall Councilmen. Act of Housing, which set up the Unit - Attest: a dStates Housing Authority and made J. J. SHEA, City Clerk, possible the realization of this program. Councilman Van Duelman moved the The State of Iowa is unable to enjoy or participate in the benefits, adoption of the resolution. Seconded by Councilman Murphy. Carried any of which other states are now enjoying as by the following yotr: Peas --Mayor Clark, a result of this legislation until enabling legislation is adopted. The Councilmen \lurph, Thompson, Van Duelman, Wharton.' program. which will be made possible if this Nays—None. Ordinance No. 8-39. Aft ordinance legislation is adopted. ap- propriating money for the various funds and purposes of the City Sincerely yours, ELROY H. GRASHORN, of Dubuque for the fiscal year beginning April 1, Rec.-Sec. 1939, and ending \larch 31, 1940, Councilman Van Duelman moved that pre- rented and read. Councilman Van Duelman moved that the communication be made a matter of record. Seconded by Coun- the reading just had be considered the first reading cilntau Wharton. Carried by the fol - of the ordinance. Seconded by Councilman Wharton. Carried lowing vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson. \'au by the following vote: Yeas—Mayor Clark, Councilmen Duelman, Wharton. Nays—None• \lurphy, Thompson, Van Duelman, 11'harton, T Nays-1\one Councilman Resolution No. 43-39. Whereas, the United States govern- Whereas, Van Duelman moved that the has made it possible for cities to rules be suspended requiring an ordinance to be read on three have projects for housing and slum clearance financed with federal funds, separate days. Seconded by Councilman Wharton. Carried by the following vote: Yeas—\layor and Whereas, there is now• in the Iowa Clarl:, Councilmen \lurphy. Thompson, Van Duelman, 11'harton, Le tslature an enabling act which in this Nays—No ne. The ordinance was then would make it state to take advantage of le for cities s federal read a second time. legislation, and Special Session, March 23rd, 1939. $5 \\•hereas, with four millwork plants, three metal trades plants, a furniture factory, a glass factory, wallboard and rock wool insulation plants, besides varied small industries, Dubuque em- ployment is dependent upon activity in the building industry, and \\'hereas, the millworkers' local and the 'Trades and Labor Congress in Du- buque are on record in favor of housing projects of this nature, Be It Therefore Resolved, that the city government of Dubuque go oil record in favor of enabling legislation for the State of Iowa, just as Burling- ton, Cedar Rapids, Davenport, Des \Moines, Keokuk, \larshalltown, \lc - Gregor, Newell, and Waterloo have done, in order that cities in this state including Dubuque may take advantage of the federal funds available for low cost housing. Passed, adopted and approved this 23rd day of March. 1939. CARL A. CLARK, \Mayor FRANK VAN DLI:I,\IAN ALBERT WHAR'TON. GEO. R. MURPHY, F. W. 'THOMPSON, Councilmen Attest: J. J. SHEA. City Clerk. Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas— Mayor Clark, Councilmen '1\1urphy, Thompson, Van Duelman, Wharton. N ays—None. Councihrtan Murphy moved that the action taken by the City Council on the adoption of Resolution No. 43-39 to- gether with a copy of the resolution be forwarded to State Senator H. Baldwin and State Representatives R. Reilly and J. Manly Seconded by Cott"cilntan Thompson. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, 'Thompson, Van Duelman, \Vharton. Nays—None. Communication of Osw•ciler Van Ser- vice, by Ralph F. Amoth, 'Traffic Man- ager, requesting that their claim for damages received by their truck in striking a tree on Merz Street, said claim having been disallowed at a pre- vious meeting of the City Council, be reconsidered by the City Council as the Osweiler Van Service believes that the City is liable, presented and read. Mr. Ralph F. Anoth addressed the Council requesting that the City addressed, reconsider their claim for damages received by one of their trucks in strik- ing a tree on Merz Street. Councilman Van Duelman moved that the commu- nication be referred to the City Coun- cil. Seconded by Councilman 'Thomp- son. Carried by the following vote Yeas—Mayor Clark, Councilmen Mur- phy, Thompson, Van Duelman, \\'bar ton. Nays—None. Mr. Jackson \I. \larshall addressed the Council entering a verbal objection to the granting of the petition of the ITubuque Packing Company, which pe- tition has been referred to the City Council for consideration, and also en- tering a verbal objection to the erec- tion of gates and the use of streets and alley by the Dubuque Packing Cont- pany without having received permis- sion from the City Council to do so. Councilman Murphy moved that the objections of \Ir. Jackson M. Marshall be referred to the City Manager and City Solicitor for investigation and re- port. Seconded by Councilman Thomp- t•on. Carried by the following vote: Yeas --Mayor Clark, Councilmen Mur- phy. 'I'hotnpsoit, Van Duelman. \\'har- ton. Navs—None. \Ir. C'harlc, Spielman addressed the Council objecting to the Council ac- cepting the proposed electric rates until bu, fares are reduced and making fur- ther inquiry as to what were the inten- tions of the City Council on the matter ,if reduction in bus fares. Councilman Thompson moved that the objection of \dr. Charles Spielman be received and filed. Seconded by Councilman \\'har- ton. Carried by the following vote: Yeas—Mayor Clark, Councilmen Mur- phy, 'Thompson, Van Duelman, Whar- ton. Navs—None. Notice of Claim of Henry Hier in the amount of $75.00 for personal injuries received in falling on an icy sidewalk " on Central Avenue between Tegeler's Garage and the Texaco Filling Station, presentedand read. Councilman Thompson moved to refer the notice of claim to the City Solicitor for investi- gation and report. Seconded by COUn- cilman Murphy, Carried by the fol- lotving vote: Yeas—Mayor Clark, Councilnten Murphy, Thompson, Van Duelman, \\'harton. Nays—'None. Conunnnication of Harlan G. Mel- chior submitting application for ap- pointment as a member of the Board of Review for the year 1939, presented and read. Councilman \lurphy moved that the communication be received and filed. Seconded by Councilman Thomp- son. Carried by the following vote: Peas—\Mayor Clark, Councilmen \lur- phy, 'Thompson, Van Duelman, \Vhar- ton. Nays—None. Communication of H. A. Rawson, submitting application for appointment a nteuubcr of the Board of Review for the year 1`139, presented and read. Councilman \1 urphy moved that the conullunication be received and filed. Seconded by Councilman Thompson. Carried by the following vote: Yeas-- \layor Clark. Councilmen \Murphy, Thompson, \'sou 1)uelntan. \Vhartou. Nays—None. Communication of. \Vnt. Brandt sub- nitting application or appointment as a member of the Board of Review for 86 Special Session, March 23rd, 1939. the year 1939, presented and read. Councilman Murphy moved that the Councilman \lurphy moved that the communication be received and filed. communication be rc�'ciyeel and filed. Seconded by Counciliin;"' 'Thompson. 'Seconded by Councilman Thompson. Carried by the fullocc ink cote: Yeas-- Carried.by the following vote: Yeas— \favor Clark, Coun:ilnncin \Inrpin�, Mayor Clark, Councilmen Murphy, •I'hompsun, Van Ihulnuan. \\'harton. Thompson, Van Duelman, Wharton. Nays—Nonc•. \ays—None. Communication of Ihnbuquc Trades Communication of Joseph M. Con- and Labor Congress advising C„iiirc•il ley submitting application for appoint- that it is their desire that the fc\e n;itc. ment as a member of the Board of As- schedules left in controvc'•s> in flit sessment and Review for the year 1939, electric rate schedule, be drat twill, presented and read. Councilman Mur- fairly and squarely, keeping in mind Oily moved that the communication be the interests of the unennbers of I,ocal received and filed. Seconded by Coun- 263, presented and read. Councilman cilman Thompson. Carried by the fol- 'Thompson moved that the Connnurnica- lowing vote: Yeas—Mayor Clark, 'Thompson, tion be received and filed. Scconded I Cohncilmen \lurphy, Van by Councilman \lurphI Carried by Duelman, Wharton. Nays—None. tilt following vote: Yeas—\Mayor Clark, ' Communication of V. J. Hickson sub- Councilmen M urph , 'I'honrpson, \•;un mitting application for appointment as Duelman, Wharton. Nays ---None. a member of the Board of Review for Dubuque, Iowa, March 22nd, 11I3'). the year 1939, presented and read. Councilman Murphy moved that the I'o the Honorable Members of the communication be received and filed. Citv Council, City Managir, Dubuque, Iowa. Seconded by Councilman 'Thompson, Carried by the following vote: Yeas— lionorable Sirs: \fayor Clark, Councilmen \inn-phy, Thompson, Van .AS one of the largest users of elec- tric ponver, w•e feel that there should he Duelman, Wharton. Nays—None. ;n clarification and understanding as tE, Communication of Dubuque 'Trades use of materials heretofore furnished knd Labor Congress requesting Council d maintained under the "Dunnand consideration on the applications of Mr. Charge" Clause in present rates. Joe Conley and Mr. Win. Brandt when Schedule 6 of proposed new- ordin- i making appointnnents of the members of the Board of Review, a nce 3(simply states ••'Transfornners ;hall he supplied by party furnishing presented and read. Councilman Murphy moved that electric power.' the communication be received and The Ix,w er company's :Iia excuse or tiled. Seconded by Councilman Thom ,- I tion s"" for the deniand charge in addition son. Carried by the following vote: to the legal rate, has been that thedoinn- Yeas—Mayor Clark, Councilmenlfur- Imlay furnished the power line feeder> PhY, Thompson, Van Duelman, \\/bar- anal transformers, and maintained these ton, Nays—None. as a necessary part of their power pro- Communication of Dubuque clueing equipment. graphical Union No. 22 requesting the In order to clarify the transformer City Council to give consideration to the application Mr. reference, w•c suggest it Should state in general, subject to legal verbiage: of Joseph Conley when making appointments of the mem- hers of the Board of Review•, .Transformers and all pow cr line feeders, amen construction, between presented and read. Councilman Murphy moved that the communication tric company's power plant and crus circ tomer' location transformers, and be received and filed. Seconded by Councilman Thom son. Carried of electric Company's main switch, are to by the follow.in P- Yeas—Mayor he supplied and maintained in satisiac tory Clark, Councilmen vfur- Phy, Thompson, operating condition by electric company Van Duelman Ston. Nays—None. Whar- free of any cost to consunrrr. Communication of Jannes M. Beidler making application Very truly yours, \laizewood fnsulation Company, for the office of As- sessor for Julien Township, By J. H. \fitc•hell. M r . J. H. ::\litchell addressed the presented and read. Councilman Thompson that Council requesting that the I r:rvcr (ifmoved the c°rnmunication be re- ••eeived and filed. Seconded b eiiman their petition be grann ted. Coucilnnan an Duelman moved that the i ctition ll- Murphv. Carried by thCofol lowing Ire made a matter of record, S ••condcd vote: Yeas—Mayor Clark Councilmen Murphy 'Thompson, by Councilman Thompson. Carried b% the Duelman, Wharton• Van following vote: Yeas—Mayor Clark, Communication Nays—None• Councilmen Murphy, Thompson, Van United States Congressman \V Duelman, Wharton. Nays—Non. Sof that he will Jacobsen advising do Petition of American Legion .lusili- all in his g cure an appropriation so Power to se- buque \lemorial that ary requesting permission to held their Annual Po Poppy Sale on Saturda>, \IaN the Du- taken care of Auditoriuin ay be 27th, 1939, presented and react Coun- presented and read. cilman Van Duelman moved that the request be granted. Seconded by Coll"- 4 4 Special Session, March 23rd, 1939, 87 oilman Thompson. Carried by the fol- l'rooi of puhlication, certified to by lowing vote: Peas—viayor Clark, the pubhshers, of a statement of re - 1, \lurphy, Thontpseni, Van ceiPts and also a list of claims for which 1)ttehpan, Wharton. Nays—None. warrants were drawn during the n)onth Petition of Vernon Steiner rqu eestinof January, '1939, pr g Councilman ),lurph\ movedesented and rc;ul. othat tilt that tile Li e City cense ordinance he proof of publication be reccit•ed rind ;upended, regulating roller slating rinks, tiled. Seconded by COUticllm:nl \';,n ten permit the issuance of licenses for Duelman. Carried by the follow in one month period or permitting exten- vote:1'cas—\layor Clark, Councilnu•u sion of one or two monthsm ' time for \lurl,hc, I'homPsou, \':m Daehn;m, pro rata fee to accommodate seasonal Wharton. Nat•s—lone. business, presented and read. Council- Report of tfie Huard of IIcalth for ratan 'Thompson moved that tilt• petition' the month of \larch, 1939. presented. he received and tiled. Seconded by Councilman \lurphy ruined that tile re- .. \lurphy. Carried by thr port of the I;o:ud of Iicalth for the following vote: Yeas --Mayor Clark, 111011th of NI -arch, 19,11, be reeeke•d and Councilmen Murphy, Thompson, Van placed on file. Seconded by Council- Duelman, Wharton. Nays—None. man Van Duelman. Carried by the Petition of Peter Haupert, referred following vote: 1-cas—\1a\•Or Cl:u•k, to the City Council by the Board of Councilmen \I urphy, Thompson, \':on Supervisors, requesting suspension of Duelman, Wharton. Nays—None. the 1938 taxes on bots 3, 4 and 5 of Docket No. la. 1684-17. Buseman & Eberle Subdivision, pre- Contract Change Order No. 1. sented and read. Councilman Van Request for Proposal. Duelman moved that the petition be Date: \Iar. 14, 1939 referred to the City Solicitor for in- TO: C. W. VARNEI2, Contractor, vestigation and report. Seconded by Contract No, 1. Councilmo niake e ill followingdnvote�o�t�Y as. Carried s—Mayor lClark, yon• contract desired t I asfollows: s: (Att c�h plan Councilmen \lurphy, Thompson, Van or sketch to each copy if change in Duelman, Wharton, Nays—None. plan is made or where change re(tuires Petition of '.Vers. Anna Kolf, referred sketch or plan). to the City Council by the Board of Su_ 1. Deduct: Items 6, 9, 10B. pervisors, requesting suspension of the 2. Deduct: 8" fitting on 16" casing 1938 taxes on Lot 1 of A. L. Brown's pipe for free flow of well. Subdivision, presented and read. Coup- 3. Add: 65' of 15" drilled hole helot' oilman Van Duelman moved that the 1495 ft. depth. petition be referred to the City Solicit- 4. Add 8 dynamite shots at depth, or for investigation and report. Sec- 750', 825', 1015', 1090', 11.40'. 12';'. onded by Councilman Thompson. Car- 1385'• 1465' with subsequent cleaniii_, ried by' the following vote: Yeas— of well. Mayor Clark, Councilmen Murphy, 'I•he reason for this change is as fol - Thompson, Van Duelman, Wharton. lows: Nays—None. 1. Due to existing circumstances Petition of Dubuque Poster Adver- these futons will unnecessary the satisfactory compIetirni of the weell l. tising Company, 2. N by Frank Hardie, o free flo\\ will be obtained fronp Manager, stating that at the request of this f the Board of Adjustment the Dubuque 3. It is desired to continue drilling in Poster Advertising Company respect- order to reach hottom of water hearing, fully petitions the City Council to strata. amend paragraph (f) of Section 5 of 4. It is desired to make shots in or - Article XVI so as to extend to said e111. to increase capacity of well incl to Board of Adjustment the express au- decrease drawdown during Pmngnnn thority to vary the regulations relating Please, submit proposal in detail a to the construction and erection of bill- to quantities of material, price and boards in specific cases where the lit- labor costs. The cum Pletiun date of eral enforcement of the terms of the tour contract on account of ill" Ghana ordinance would impose practical dif(i- -will be extended 45 clays. culties or unnecessary hardships, pre- CONSOi;R, 'TO\\•NSI-.ND & sented and read. Nir. Frank Hardie QUINLAN, addressed the Council requesting that If. P. HOSKiNS, the prayer of the petition of the Du- Resident Engineer. V, 'n Poster Advertising Company Inc granted. Councilman Wharton moved Contractor's Proposal that the petition be referred to the City \Iar. 21, 1939. Solicitor for investigation and report. TO: CITY OF DUBUQVJh, Seconded by Councilman Van Duel- submit sin accordance with the above request man. Carried by the by vote: the following proposal to Yeas—Mayor Clark, Councilmen 'Mur-- Cenye e s ver the change in contract as out phy, Thompson, Van Duelman, \\'har lined: ton. Nays—None. gg Special Session, March 23rd, 1939. Deduct: 1. Item 6. l'unecessary to install 75 ft. of 24" o. d. by Y8" wall steel casing because the depth of 495' was reached and all cavings cased out with 74' of ;16" casing ------------------$450.00 2. item 9. To be deducted because en- gineer has ordered omission of rubber packer. Provision made for seal in accordance with specihcations.$350.00 3. Item 10B. 'Three additional pumping tuts are not to be made in accord- ance with orders of the en- gineer ----------------------$600.00 4. Deduct 8" fittings at top of 16" cas- ing pipe in accordance with instruc- tions from engineer ---------- $ 35.00 Total Deductions ---------- $1,43i.00 5. Add 65' of 15" drilled hole at $6.00 per foot -------------------- $390.00 6. Add material, labor and other costs for making 8 shots and cleaning well as follows: (A) MATERIALS: Dynamite, 1100 lbs, at .20 per Ib._____$220.00 Detonating caps __ 5.00 Special c, i. tubes (shooting cans) 80.60 Machining tubes _ 66.00 Leadite for sealing tubes ----------- 73.40 (B) 507 hrs. well driller at 445.00 $1.25 per lir ------------ 633.75 507 hrs. labor at .65 per hr. 329.55 507 hrs, rental on equipment at $3.20 per hr -------- 1,622.30 (equgPment evaluated at $15,000) (C) Other costs ------------ 450.00 Total Addition -------- __$3,870.70 Net addition to Contract Price ----------------- $2,435.70 Note: if less than the estimated num- ber of hours and other costs as listed above under paragraph a, b, and c, are required for the shooting and cleaning Of the well, a deduction corresponding to the above hourly rates shall be made for the lesser time consumed. C. W. VARNER, Contractor. Resolution No. 44-39. ofBthelCiReof Dubnqueh S ate of Ion a, as follows: (1) That it is deemed advisable and for the best interest of said Cih of Dubuque, that the contract betveen the said City of Dubuque and C. \\', Var- ner, Contractor, covering the work on Contract ho. 2 Deep Well, Docket No. Iowa 1684-F be changed as is outlined fn the attached Request for Proposal. (2) That the proposal of said Con- tractor covering the change is herebv approved and accepted. (3) That the contract price will be increased in the sum of Two Thousand Four Hundred 'Thirty -Five Dollars and Seventy Cents ($2,435.70). (4) That such acceptance of the Con- tractor's proposal shall become effect- ive only when a certified copy of this resolution is sent to the Contractor by the i?ngineer of said City of Dubuque, Iowa. BE It Further Resolved, that this resolution being deemed urgent ;ind of immediate necessity become effective from and after its final passage and adoption by the City Council. Passed, adopted and approved this 23rd day of March, 1939. CARL A. CLARI-,lfayor. FRANK VAN DUEf,MAN, ALBERT WHARTON. GEO. R. Xll7RPH1•, F. W. THOMPSON, C�,uncilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelntan moved the adoption of the resolution. Seconded by Councilman Murphy. Carried by the following vote: Yeas -\favor Clark, Councilmen Murphy, Thomp- Cnn, \-an Duelman. \Wharton. Nays - N on e. City of Dubuque, Iowa. Resolution No. 45-39. Be It Resolved I>v the "City Council of the City of Duhuque, Iowa: Whereas, The Federal Finergency Administration of Public \Yorks ha, requested that the City of Dubuque. Iowa, adopt a new resolution showing revised estimate on the finances on 'revised Project 1684-F: improvements to Water Works System: Now, Therefore, Be It Resolved by the City Council of the City of Du- buque, that the newrevised estimated cost of P\VA Project 1684-F is as fol- lows: 1. Preliminary _____________$ 500,00 2. Land and right of way ---- .00 3. Construction ------------- $150,946.55 Previous Contracts Awarded Contract No. 1 Well ---- $19,977.70 Contract No. 2 Reservoir 38,365.00 Contract No. 4 Building Construction __------- 52,769.00 Contract No. 5 Heating & Plumbing _ - 14,978.00 Contract No. 6 Electrical Work ------------------1,200.00 Bid Received Jan. 26, 1939 Contract No. 3 Pump (tentatively awarded) - 10,656.85 Future Contracts are estimated as follows: Contract No. 7 Deep Well Pump ----------- $8,000.00 Contract No. 8 Pump House ________________ 2,000.00 1 Special Session, March 23rd, 1939. Cotrtract No. 9 Supply Main from Pump House 3,000.00 •1. L,ngineerfng----------- 8,5(11.(10 5. Legal and Administration-- 500.00 (i. Interest ------------------ .00 7. Miscellaneous ------------ .00 Total Estimate of Con- struction Contracts ------$160,-146.55 Fund Available 13WA Grant$ 67,500.00 City of Dubuque Fund Deposited ---------------- 95,000.00 $162,500.00 Be it Further Resolved, that this res- olution being deemed urgent and of immediate necessity, become• effective from and after its passage and adoption b_v the City Council. Passed and adopted this 23rd day of March, 1939. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. B. MURPTY, F. W. TIOMPSON, --Councilmen. :attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Sea oncled by Councilman Murphy. Carried by the following vote: Yeas—Mayor Clark, Councilmen 'XIurphy, Thompson, \'all Duelman, Wharton. Nays—None. Resolution No. 46-39. Whereas, applications for Class "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 folloxving all - plications be and the same are hereby approved and it is ordered that the premises to he occupied by such appli- cants shall be forthwith inspected. Class "B" Permit. Name Address \\'. F. Trim pler--210 West Fifth Street 11. I_ Barrett ----236 West First Street Passed, adopted and approved this 23rd day of March, 1939. CARL A. CLARIt, Mayor. FRANK VAN DUF,I.,MAN, ALBERT \\"MAR'I'ON, GEO. R. Ml"RPHY, F. \\'. '1'1-10\1 PSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Clark. Councilri,en \Murphy, Thompson, \'an Duelman, Wharton. Nays—None. Resolution No. 47-39. 89 \\'hercas, the premises to be occupied by them have been inspected and found to comply with the ordinances of this Cite and the\- have filed a proper bond: Now, Therefore, Be It Resolved by the Council of tilt- Cite of Dubuque that the Manager be and lie is hereby directed to issue to the fidl(m ing named persons a Beer Permit. Whereas, heretofore applications were filed by the within named appli- 10 cants for Class "B" Beer Permits and they received the approval of this Coun- cil; and Class "B" Permit. Name Address \\'. F. 'I'rimpler__210 \\'cst Fifth Street H. 1.,. Barrett --__236 \\'est Fifth Street lie it Further Resolved, that the bonds filed bt .uch applicants be and the same are hereby approved. Passed, adopted and approved this 23rd clay of \larch, 1939. CARI, A. CLARK, \layor. FRANK VAN DUELMAN, ALBER'1• \\ 11AR'rON, GF,O. R. \I RI)HY, F. \\'. '1'HOM PSON, Councilmen. Attest: J. J. SI -11•..-v City Clerk. Councilman \'an Duelman moved the adoption of tilt- resolution. Seconded by Councilman Murphy. Carried by the fr,ilotcing vote: Yeas—Alayor Clark, Councilmen \lurphy, Thompson, \'an Duelman, \\'harton. Nays—Nate. March 22, 1939. 11'onorahle \la -or and City Council, Dubuque, lova. Re: Claim of Marcella Revenig ("cntic•ttten: On \larch 6th, 1939, there was re- ierrcd to me for investigation and re- p,,rt the claim of Marcella Revenig in the still of One Hundred ($100.011) Dol- lar, for personal injuries alleged to have hccn :nstained upon a fall on the side- tt alk on the south side of i.:ighteenth Street, between Central Avenue and \\'bite Streets on the 16th day of Feb- ruary, 1939. 1 have completed intvstigation of thi, claim and effected settlement of the .;tine for the .tint of 'twenty -Seven and 5()/100 ($27.511) Dollars, and respect- fullc recommend that the claim be A - lowed in that amotntt, and upon the execution of receipt and release, a war- rant he drawn payable to Marcella Rctenie in the still, of Twenty -Seven ;it "all/lull (27.50) Dollars in full set- tic•nlent of said claim. I:c prcttully submitted, J. NF,I,SON, City Solicitor. Crnin(.il,nalll Van Duelman moved that tilt, recommendation of City So- licitor N cL on be al,lu r'e'l and that a warrant in the amount of x27.50 be or- dered rlratcn in favor of \Marcella Rev- enig a, >Otleulent in full of her person- al iirjur�' claim, said claim resulting iron, a fall oil the side". alk on the south side of L:ighteenth Street between Cen- 90 Session, March 23rd, 1939. tral Avenue and \\'hite Streets. Sec- onded by Councilman \\'harton. Car- ried by the following cote: Yeas—May- or Clark, Councilmen \l urphy, Thonnp- son, Van Duehnan, \\'harton. Nays -- None. ays-- None. \larch 22, 1939. Honorable \layor and Citv Council, Dubuque, Iowa. Gentlemen: At the meeting of the Council of March 15, 1939, there was referred to the for investigation and report, com- nninication of Mac Clark, librarian, sub- mitting deed of Margaret Nagle, cxccu- trix of the Estate of Joseph J. Nagle, deceased, to the City of Dubuque, Iowa, for the use of Carnegie -Stout Public Library, of the City of Du- buque, the Northerly 17 feet 2 inches of Lot 658, and the South 16 feet of the East one-half of Lot 659 in the City of Dubuque. I find upon examination that. the deed submitted is in proper form, and that the conveyance of said premise: were approved by the District Court of Dubuque County on the 11th dap of February, 1939, and that said deed it, attached thereto has the certificate of the Clerk of said Court. Investigation also discloses that the abstract of 'title of said premises has heretofore been examined and approved by an attorney member of the Librarc Board, I, therefore, recommend that - rant be drawn for the amount of the recording fee, and that the City Clerk be,directed to file said deed of record in the office of the County Recorder of Dubuque County, Iowa. Respectfully subulitted, AL. J. NELSON, City Solicitor. COUncillilan Van mved th ttherecom mendationitof ttCityoSo- licitor Nelson he approved and that it warrant in the amount of $1.25 be or- dered drawn on the Library Building Fiord to,Cover.the cost of filing of said deed. Seconded by Councilman Whar- top. Carried by the following vote: Yeas—Mayor Clark, Counciln7en Mur- phy, Thompson,. Van Duelman, Whar• ton. Nays—None. Mayor and City -larch 22, 1939. w Dubuque Ioa. Council, Gentlemen; Pursuant to your instructions l 'ill) herewith Ordinance covering per- mit to Kretschmer-Tredway Company to maintain an unloading platform anal to construct and maintain a canopy over the same in Washington Street, adjacent to its property and abutting City Lots 418 and 419. Respectfully submitted, AL. J. NELSON, Solicitor. Councilman Van Duelmall moved that the cpnrtnunication of City Solic- itor Nelson be made a matt,, of rcr- ord. seconded by Councilman 'Phonal, sun. Carried by the following vote Peas—Mayor Clark, Councilmen \lur phy, Thompson, Van Duelnan, \\'har- ton. Nays—None. Ordinance No. 9-39. An ord'unancl granting to Kretschnter-Tredlwap Cdnn- pany, its successors and assigns, the right to construct and maintain an un- loading platform and ruu,py over the same, in Washington Street. abutting Cnh• Lots 418 and 4111, in the toren 1 now city 1 of Dubuque, Iowa; and pre - tile conditions of such iwrmit. presented and read. Councilman \'an Duehnan moved that the reading jo,t had be considered the first reading of the ordinance. Seconded I,y Council - 'Pan Thonnpson. Carried by the follow- ing vote: Peas—Mayor Clark, Coun- cilnncn \l urphy, Thonnp,ml, Van Duel - man, Wharton. Nays—None. Coun- cilman \'an Dtlelman ,tweed that the rules be suspended requiring an ordi n nance to be read othree scparat, dad Seconded by Councilman 'fhontps n, Carried by the following vote: Yeas– Mayor Clark, Councilmen \Iurphc, ,i'llonlpson, Van Duclnnan, Wharton. Nays—None. The ordinance was then read a second tinu•. Councilman Van Duehnan moved that the reading ju.t had be considered the second reading of the ordinance. Secondedl I>_c Cduui- cilnnan Thonnpson. Carried by the fol- lowing vote: Yeas—Mayor Clark, Councilmen Murphy, , Thontpsotn, \';w Duehnan, Wharton. Nays—None. March 23. 1939. 1'o the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen : At the last ,meeting held .March 1.5, 1939, 1 submitted an ordinance fixing rates for electrical services and recom- mended its passage by the Council. This ordinance was thereupon passed on first and second reading. Since then a detailed study of complete an- nual consumption records of large in- dustrial power users, which had not previously been made available, has disclosed the advisability of recisin!; the rate structure. 1, therefore, reconmiend that the Council rescind its action of \larch 15th, on Ordinance No. 7-39 and adapt in lieu thereof the attached revised Or dinance No. 7-39. The proposed ratc- are of such form that they m;t> be read- ily and equitably changed in the future. In any event, the proposed ordinance i, intended only as a stop -gap until the Interstate Power Co. produces and suh- stantiates its valuation of the property used and useful in serving Dubuque as a proper rate base ed this valuation June 1st. Respectfully submitted, A. A. RHOMBCRG, City Manager Session, March 23rd, 1939. As previously stat - to be on hand by Councilman Van Duelman moved that the recommendation of City Man- ager Rhomberg be approved. Second- ed by Councilman Thompson. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Councilman Wharton moved that the City Council reconsider their previous action taken at the meeting of March 15th, 1939, upon Ordinance No. 7-39, an ordinance fixing and establishing rates to be charged for the furnishing of elec- tricity for residential, commercial, street lighting, power and other uses and pur- poses within the City of Dubuque, Iowa; fixing and regulating the method of service thereof; prescribing a penalty for violation thereof: repealing all ordi- nances and resolutions in conflict here- with: and declaring an emergency. Sec- nnded by Councilman Van Duelman. Carried 1iv the following vote: Yeas— Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Councilman Van Duelman moved that the City Council rescind their pre- vious action taken at the meeting of March 15th, 1939., on the passage upon first and second readings of Ordinance No. 7-39, an ordinance fixing and es- tablishing rates to be charged for the furnishing of electricity for residential, commercial, street lighting, power and other uses and purposes within the City of Dubuque, Iowa; fixing and regulat- ing the method of service thereof; pre- scribing a penalty for violation there- of; repealing all ordinances and resolu- tions in conflict herewith; and declaring an emergency. Seconded by Council- man Wharton. Carried by the follow- ing vote: Yeas—Mayor Clark, Coun- cilmen Murphy, Thompson, Van Duel - man, Wharton. Nays—None. Ordinance No. 7-39. An Ordinance fixing and establishing rates to be charged for the furnishing of electricity for residential, commercial, street light- ing, power, and other uses and purposes within the City of Dubuque, Iowa: fix- ing and regulating the method of serv- ice thereof; prescribng a penalty for violation thereof; repealing all Ordi- nances and resolutions in conflict here- with; and declaring an emergency, pre- sented and read. Councilman Van Duelman moved that the reading just had be considered the first reading o1 the ordinance. Seconded by Council- man Wharton. Carried by the follow- ing vote: Yeas—Mayor Clark, Coun cilmen Murphy, Thompson, Van Duel man, Wharton. Nays—None. Council- 91 man Van Duelman moved that the rules be suspended requiring an ordinance to be read oil three separate days. Second- ed by Councilman Wharton. Carried by the following vote: Yeas—Mayor Clark, Councilman Murphy, Thompson, Van Duelman, Wharton. Nays—None. The ordinance was then read a second time. Councilman Van Duelman moved that the reading just had be considered the second reading of the ordinance. Sec- onded by Councilman Wharton. Car- ried by the following vote: Yeas—May- or Clark, Councilmen Murphy, Thomp- son, Van Duelman, Wharton. Nays -- None. Councilman Van Duelman moved that the City Jlanager be instructed to secure bids for the printing of the index and binding of the Council Proceedings for the year 1938. Seconded by Coun- cilman Murphy. Carried by the fol- lowing vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Councilman Wharton moved that the Citv Manager be authorized to pur- chase a car for the Police Department. Seconded by Councilman Thompson. Carried by the following vote: Yeas— Mayor Clark, Councilmen Xturphy, Thompson, Van Duelman, \Wharton. Nays—None. There being no further business, Councilman Van Duelman moved to adjourn. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman. Wharton. Nays—None. Approved --- sX.� ✓ 41939 Adopted Conn Q 1939 :kttest 92 Special Session, March 30th, 1939. City council (Official.) Special Se„ion, March 30l1-11, 1909 Council net at 7:55 P. \1. Present—Mayor Clark, Councilmen Murphy, 'Thompson, \ran Duelman, Wharton, City Manager Rhomberg. Meeting called by order of Council- men Murphy and 'Thompson. Mayor Clark read the call and stated that service thereof hall been duly made and that this meeting is called for the purpose of considering for final adoption Ordinance No. 5-39, an ordi- nance appropriating moue'• for the va- rious funds all([ purposes of the City of Dubuque for the fiscal year beginning April 1st, 1939, and ending March 31st, 19.10, said ordinance having been passed upon first and second readings on March 23rd, 1939, and acting on any "ther business as may properly conic before a regular meeting of the Cite Council. Ordinance No. 7-39. :\n Ordinance fixing and establishing rates to be charged for the furnishing of electricity for residential, commercial, street lighting, power, and other uses and purposes within the City of Dubuque, Iowa; fixing and regulating the method of service thereof; prescribing it penal- ty for violation hereof; repealing all ordinances and resolutions in conflict herewith; and declaring all emergency, said ordinance having been passed upon first and second readings on March 23rd, 1939, presented and read at third time. ORDINANCE NO. 7-39. An Ordinance fixing and establishing rates to be charged for the furnishing of electricity for residential, commercial, street lighting, power, and other uses and purposes within the Cit'. of Du- buque, Iowa; fixing and regulating the method of service thereof; prescribing ;t penalty for violation thecof; repeal- ing all ordinances and resolutions in conflict hereuvitht and declaring an emergency. BE i'1' ORDAINED B1' THE CITY COUNCII, OF THE CIT\' OF DUBUQUE: Paragraph 754. Rates Fixed: Section 1, Commencing with all me- ter readings oft and after April 17, 1939, the rates to be charged for residential, commercial, street lighting, ]louver and ny person, other uses and purposes by a firm or corporation supplying electrical rnergy within the City of Dubuque, ex- cept as herein otherwise provided, shall be fixed and determined as follows: SCHEDULE 1 Residential Service Availability: This rate ,hall he available 230 volt. sings( I'h;„c, alternatin cur rent service for domestic lithtine. It,;'t ing appliance”. Cooking, rcfri,,•r;'ti and small ni(o(ws with a rat(•(l of not over two horsepower (2 h.p. when ;ill current used b, the iust'nn t i taken through one meter, prnci'I however, that off-peak C011trolleil vice for water heating will he taker; through it separate meter. \\-here residence service in ;ni ;1pall meat building, as hereinafter defined, i, ntca,urcd through a single meter, (•t. vice ;hall he hilled at the residcncc r;11( the minimum bill and the blocks of (.,I- erg n. ergy charged for shall be multiplied Lt the 11nher of apartent srr(ed. 'I he janitor'mm s (ltta rtcrs sJiall be clo,scd ;�, an ,tpartnu•nt. If separate meters are in,talle(I fol each apartment, the re,i(Icntial r;ilc shall apple to each ap;o•tment, anel the co11rnu•t-cial rate shall al,pl\to service for the public areas of the huiltling, for ,Itch public areas and the jaotitor'> luartcrs, if service to the public arca- is combined with service to the janitor', (Itru'ter,. Definition of An Apartment: (a) An apartment is defined as ;t por- tion of a building consisting of tblo 'n more rooms, equipped for livin", ]lilt - poses. (hl In building, where tivc or 11un-c rooms, exclusive of apartment,. arc rented or are for rent, each five rooms (n- fraction thereof, ( real estate rating)• exclusive of apartments, shall he count- ed as an apartment. Rate: First Twenty -Five (25) kilowatt- hours used per month <(i' $ .05 per KWH net; Next Twenty -Five (25) kilowatt- hours used per month a ti .04 ]lci I WII net: Next Fifty (50) kilowatt-hour., use'f Per 111011th (r ,03 per K\N'H net: N et One Hundred (100) Kilowatt - 11 -W, used per month rr S .025 per K\\'H net; .\if in excess of 200 kilowatt-hours "sed per month a,: $ .02 per K\\•H net Mininrtun monthly charge. S .50. Prompt Payment: Customers' monthly hills shall be computed at the net rate an(I there kill be added to the total net bill a <1111, equal to ten per cent (10'; ) thcr(•t', Which will he collected frons the rt1> tourers who fail to pay the net bill with in ten (10) days from and after thL date of the bill. March 30th, 1939. SCHEDULE 2. Commercial Service Availability: This rate shall he available for iIi/ 230 volt, single phase, alternating cur- rent service for commercial lighting, Sign lighting, incidental appliances antl small motors in commercial institutions, stores, offices and factories provided that no motor with a rated capacity in excess of two horsepower (2 h.p.) shall be served on this rate. Equipment such as welders, hoists and other installation that produce abnormal voltage fluctua- tions shall not he served on this rate. Rate: First 'Twenty -Five (25) kilowatt - used per month to $ .05 per KNVH net: Next Seventy -Five (75) kilowatt- hours used per month at $ .045 per KWH net: Next Two Hundred (200) kilowatt- hours used per month (i $ .04 per K\VH net; Next Seven Hundred (700) Kilowatt- hours used per month (q, $ .03 per K\VH net; All in excess of 1000 kilowatt-hours used per month a $ .025 per K\\'H net; Nlininnnrt monthly charge $1.00. Power Factor Correction: The person, firm or corporation sup- plying electricity reserves the right to determine by test, the average power factor of any customer's load and if the power factor is found to be below eigh- ty per cent (80ofo), lagging, the person, firm or corporation may, at its option, if the customer does not correct the power factor, discontinue service to such customer after having given said customer a sixtv (60) day written no- tice that the pot11•er factor of his elec- tric load is too low. Prompt Payment: Customers' monthly bills shall he computed at the net rate and there shall be added to the total net hill a sum equal to ten per cent (l0ofo) thereof, which will he collected from customers who fail to pay the net bill within ten (10) days from and after the (late of the bill. SCHEDULE 3. Water Heating Service This rate shall be available for 115/ 230 volt, single phase alternating cur- rent service for residence and/or com- mercial water heating with automatic storage type water heaters of standard make and design. The general specifications relating to the design and operating characteristic of all water heaters connected to the lines of the person, firm or corporation 93 supplying electrical energy Within the City of Dubuque and the necessary el- ectrical connections for the protection of the circuit furnishing the water heat- ing service under this schedule must be acceptable to the person, first or cor- poration supplying the necessary elec- trical energy. A suitable time -switch will he sup- plied by the person. firm or corporation supplying electrical energy to control the periods when energy :hall he sup- plied for heating. The hours of opera- tion of off -peal: service ntav he limited by the person, firm or corporation sup- plving electrical energy as deemed ad - 6i ablc, but tinder uo condition shall the. be Iess than twelve hours during ane twenty-four hour period. Each of the heating units of the elec- tric water heater shall he of a capacity not in excess of 30 watts per gallon of tank capacity. The minimum storage capacity of each electric water heater shall be fifty (50) gallons. In case the water heater has two heating elements. one at the bottom and one at the top of the tank and they are so interconnected that only one unit can he in operation at one time, then both units may be connected to the time -controlled water heating circuit, and he served under this schedule. if the emergency unit is so connected that it can be used during other than the controlled off -peal: hours, then, such unit shall he connect- ed to the regular lighting circuit. Rate: 1?nergy used dttring off-peak hours under this schedule shall be billed at one cent ($ .01 )per kilowatt hour net. Energy used during periods other than off-peak, as hereinbefore specified• shall be hilled with and at the same rate asother residential and/or commercial Service. Prompt Payment: Customers' monthly hills shall be computed at the net rate and there shall he added to the total net hill :t sunt equal to ten per cent ( 10% ) there- of, which will he collected from custom- ers who fail to pay the net hill within ten (10) days from and after the date of hill. SCHEDULE 4. Commercial Cooking, Heating and Small Power Service. Availability: This rate shall he availahle for 115/ 230 Volt, single phase, alternating cur rent service in conttnerciai instituti n, for electric heating and cooking instal lations of not less that, hyo kilowatt capacitc .,f connected load and small nu,tor, for refrigerators or other use, provided that no service will be ren dered at this rate for any motor With a 94 Special Session, March 30th, 1939. capacity in excess of one horsepower (1 h.p.), or any heating appliance with a capacity in excess of ten kilowatts (10 k.w.). or any' lighting service, nor will any \-Ray machines or other ap- paratus which may produce abnormal voltage fluctuations be served under this rate. Customers must arrange wir- ing so that no other equipment, except as provided herein, can be measured on the meter for this service. Rate: (When Maximum Demand is not in excess of 10 K. XV-) First one hundred (100) kilowatt- hours used per month n $ .04 per KWH net; Next one hundred (100) kilowatt- hours used per month ® $ .03 per KWH net. All in excess of two hundred (200) kilowatt hours used per month @ $ .025 per K\\'H net: (When Maximum Demand exceeds 10 K. W.) The number of kilowatt-hours in the first and second blocks of rate given above will be increased by tiventy-five (25) kilowatt-hours for each kilowatt of demand or major fraction thereof in excess of ten ((10) kilowatts, but only when maximum demand is determined by a Demand Meter. Maximum Demand: When a demand meter is installed the Maximum Demand is defined as the highest fifteen (15) minute integrated demand during the month. Minimum Monthly Charge: $1.00 plus $ .60 per horsepower for each horsepower in excess of one (1) horsepower (1 h.p.) of total connected load; a major fraction of a horsepower shall be considered as one whole horse- power, and each kilowatt (kw.) of con- nected heating load shall be considered equivalent to one (1) horsepower. Prompt Payment: Customer's monthly bills will be com- puted at the net rate and there will be added to the total net bill a sum equal to ten per cent (10%n) thereof, which will be collected from customers who fail to pay the net bill within ten (10) days of date of bill. SCHEDULE 5 General and Industrial Power Availability: Service This rate shall be avilable for alter- nating current service at 115/230 volts, single phase, or 3 phase at either 230 Poses. 460 volts for all power pur- be supplied Three loads ofrvice need not (5 h.p.) or less except at $option of any person, firm, or corporation supplying. electrical energy. This rate is not avail- able for breakdown or stand-bv service, or for energy for resale. The term "power service" as herein used under this schedule is defined to be an electric service used for any 1>ur_ pose other than lighting. Rate: First 10 Hours use per month of each K\V of billing demand q $ .05 per K\\'H net; Next 20 Hours use per month of each K\\' of billing demand c; $ .04 per K\Vll net; Next 30 hours use per month of each K\\' of billing deltiand a $ .035 per KWH net; Next 40 Hours use per month of each KW of billing demand q $ .03 per KWH net; Next 2000 Kilowatt-hours used per month C $ .025 per K\\'H net. All Excess Kilowatt-hours used per month 4 $ .015 per K\\'H net. Minimum Billing Demand: Five (5) Kilowatts. Minimum Monthly Charge: $1.00 per month per horsepower or major fraction thereof (or horse -power equivalent) of connected load for the first 5 horsepower, and $ .50 per month per horsepower or major fraction there- of (or horsepower equivalent) for the next 45 horsepower and $ .25 per horse- power for all over 50 horsepower of the total connected load in horsepower (or horsepower equivalent), major fraction of a horsepower shall be considered as one whole horsepower of connected load. Determination of Maximum Demand: The maximum demand shall' be de- termined by the greatest number of kilowatts registered during any thirty (30) minute interval as indicated by an integrating demand meter furnished, in- stalled and maintained by the person, firm or corporation supplying such el- ectrical energy; provided however, that when the customers' load includes hoists, elevators, welding machines, and /or other apparatus where the use of electricity is intermittent or subject to violent fluctuations to the extent that the indicated or recorded demand for a fifteen (15) minute interval exceeds the maximum recorded or indicated demand during a thirty (30) minute interval by an amount in excess of fifty per cent (50%), then the customers' maximum demand shall be determined by using the average of the three (3) highest fifteen (15 minute intervals indicated or recorded during the month. The Maximum Demand for loads of less than twenty-five horsepower (25 H.P.), in lieu of measured demands Session, March 30th, 1939. may be calculated in kilowatts, by mul- tiplying the total rated connected load in horsepower (or H. P. equivalent) by 60`1c. Any major fraction of a Kilo- watt of demand so determined shall be considered as one whole K. W. of addi- tional demand. Power Factor Correction: The person, firm or corporation sup- plying electricity reserves the right to determine by test, the average power factor of any customer's load and if the power factor is found to be below eighty per cent (801/), lagging, the ner- son, firm or corporation may, at its op- tion, if the customer does not correct the power factor, discontinue service to such customer after haying given said customer a sixty (60) day written no- tice that the power factor of his electric load is too low. Prompt Payment: Customers' monthly bills shall be computed at the net rate and there will be added to the total net bill a sum equal to ten per cent (10clo) thereof, which will be collected from customers who fail to pay the net bill within ten (10) days of date of bill. SCHEDULE 6 Large Industrial Power Service Availability: This rate shall be available for indus- trial and commercial customers for lighting and power purposes, whose monthly demand exceeds fifty kilowatts (50KW), and all service is to be utea- sured through one meter and taken from one service connection. Service will be rendered at primary voltages of either 2300 volts or 6900 volts or at secondary voltages of 460 volts or 230 volts. Transformers for rendering these standard voltages will be supplied by the person, firm or corporation supply- ing such electrical energy, provided, however, that only one secondary volt- age will be supplied to customers whose load is less than 100 K\\' of demand, and metering shall he at either in inr:o•y or secondary voltage, at the option of the person, firm or corporation supply ing such electrical energy. Additional transformers not located at the point of delivery and special voltage transform- ers for lighting or other purposes shall be supplied and maintained by the -.1 - tomer. This rate is not available for break -down or stand-by service, or tot, energy for resale, and is not ayailabl( for D. C. service. RATE: Demand Charge: $1.80 per mo. per K\V for the first 50 K\V of billing demand in the month. $1.20 per mo. per KW for next 150 95 K\\' of hilling demand in the month. S1.00 per nut. per K\V for excess over 200 K\V of billing demand in the month. —plus— Energy Charge: First 5,000 K\V'll used per month n_ $ .0125 per K\VH. Next 10,000 K\\'11 used per month Gi S .Ili per Next 3;,,000 KWl' i used per month Gr :.009 per K\VH. Next 150,000 K\VH used per month Gr S .0085 per l:\\'1i. Excess K\VH used per month (k S .0075 per K\\'H. Primary Metering Discount: lu all cases where the customer's ser- vice is measured at primary voltages of 2300 jolts or 6900 volts a discount of Five per cent (5%) of the gross bill computed on the rates stated herein- above shall be deducted from said bill. Load Factor Discount: A discount of five per cent (5cl''o) of the gross bill, computed at tine rates herein specified in this schedule, shall be allowed when the customer's aver- age consumption in Kilowatt hours (K\VH) exceeds eighty per cent (8017o) of the product of the maximum demand and the total number of hours in the month in question. Off -Peak Discount: \n additional discount of five per cent of the gross hill computed at the rates herein specified in this schedule shall be allowed provided the custom- er's dermoid during the peak load pe- riod, is limited to not more than 25010 of the maximum demand established during the preceding 12 months. The peak load period for this class of service may vary as to the hours of the day and months of the year during any 12 month period. The peak load period for this class of service includes the hours front 8:00 A. \I. to 8:00 P. -)v1. on all clays except Sunday. In the• event the peak load hours of the person, firm or corporation furnish- ing snrh electrical energy are changed he siiiiting load conditions, the Com- pany ,hall notify the customer at least thirty' (30) clays prior to (late of change in his peak hours, so that the customer carr shift his hour, of operation to com- ply with the new conditions, in order to continue t( receive the discount for off- peak operation. Prompt Payment Discount: :\ discount of Five per cent (50/c) of the total net charge,, after deducting any discount; f;iven above, shall be al lowe(I, if such charges are paid within ten (10) day• after date of the bill. I 96 Special Session, March 30th, 1939. Maximum Demand: ''I he nlaxiluuul demand in any mouth 'shall be determined br the greatest number of kilowatts ( i�AV•) recorded or indicated on the Standard integrated demand meter in an)• thirty (.30) min ute interval during the month, such meter to be provide([, installed and maintained by the person, firm or cor- poration supplying such electrical en- ergy provided, ho"ever, that when the customer's load includ- hoists, elva- tors, welling machines, and/or other apparatus, where the use of electricit' is intermittent or subject to violent fluctuations to the extent that the indi- cated or recorded demilld for a lifteen r 15) minute interval exceeds the re- corded or indicated demand for a thirt.. (30) minute interval by more than fift- Per cent (50r� ), then the customer's billing demand shall he determined by using the average of the three highest Uteeti (15) minute intervals indicated or recorded demands during the month. Billing Demand: The billing demand shall be the nlax- imum demand except when the custom- er's average power factor, by actual measurement, is less than eighty per rent (80%) or more than ninetcy per cent (9090), and in such case the per- son, firm or corporation supplying such electricity will then install it reactive component meter and the billing (le- mand for such customer shall be deter- mine(] each month by multiplying the measured maximum demand bt .85 and dividing the result 1)p the nm uthly av- erage power factor exPresscd in nearest whole per cent. Power Factor: The average potter factor of the cus- 'tomer's load shall he determined month]• from the readings registered Ili, the teatt-hour meter and the reactive component meter and shall be calculat- 'd by dividing the number of kilowatt hours as registered by the square root of the sum of the square of watt hours registered pthe kilo- lus the square of the reactive kilovolt ampere hours registered. Reactive component meters Will be ratcheted so only lagging reac- tive kilovolt ampere hours will be re- corded. Minimum Demand: The nlininlum demand charge for any customer shall be the demand charge for fifty kilmvatts (50K\V). Minimum Monthly Charge: The minimum montIlIv charge for charge customerfor fiftyshall be the demand the amount ekilowatts (50KW) plus energy rate gy used billed at the counts which given above less any dis- may apply. Fuel Clause.. 'I lause:- 'I he ttct bill :IS computed upon til, foregoing rate schedule i, irrerlir;a,,, upon coal producing ;itch olcctrical cu- crgy :11r(1 having it heatilig \sure of I!. Kitt 13.T.t', per lh. and costing �,i;5 1„ tun of 2,00 ills., delivered in the hu 11 cr.; of the plalif of the per:o,t, Ilrnr corporation supply itlg such elcctric.ii energy :tt Dubucltte, lona. In tJx' cee�,t that tin accrag( ro t .)i coal dclitcrt•,; i r tilt. hunker.; its :uoresai,l in 11n- i,;eluc, Iona, differ, in price by hMlh- rr r. „t< 1.',' .25 ), or more, per tun feral, fire base I rice of X3.35. (het, there :11;,I! br to or dedUctcd ft'urtl the r;Uc. h, rciu:;hove provided per 1<0('Watt hotu' , K \\ I I ) as aforestate(i, ruff'-t('nth trill .001 ) for each whole tell rents (S .1O, he tt Inch the cost of coal IIsc•d (1111-ing file ,mond preceding tllunth exceed, or is less, rt.<pcctiVcly, than ill(, the base i,rice of $3.,35 per ton. If the coal n�ed in stlpPl' ing the energy furnished tinder this sncCdulc .ball hate it heating Valuc ether tlr:ut 11,000 li.T.U. per ib., tilt• rust of the• ,ante .hall he adjusted (lnt\ tfw:trd or nett arrl, al the case nntc he, ,o a, to reflect the rust of fuel h;tc ill-" a heat value of 11,0011 11.'1'.1'. III. Such adjustment shall onll h, zll:ld•, ll(mvver, after ccrtified calorific test,, liutrlc by a conttnt•rrial te•l- ing laboratory of recognizt,d standing;. and certified copies of ,tich tests ,ball Iliac been Merl ttitlt tilt, City \l:urager of the Cit\ of Duhuquc, by the pers-m, III -Ill (r corporation furnishing curl electrical energy. SCHEDULE 7 City of Dubuque Water Service Availability: This rate ,hall be :tvailal,le to the \\"aler Department of the Cit\ ,f I)n bttrlttc for 3 phase, alternating current. sercicc of 2300 volts ur 000 %,,lt, ,,,, water pulliping, schen sorb lurn;piice i restricted to Off -peal: periods a- 1Ie1in1 herein. Rate: .009 per K\VH net. Off -Peak Periods: The off-peak period, its pt•cscribed tiodur this schedule, is defined to he the horn-, between 9:00 11. AI. and 7:0o A. \f. the following day, and the hour, between 12:00 noon and 2:00 1'. \I. dailt through the year and from 4 01 P. \I. to 6:00 1). M. (laily (luri„g the period front April 1S to September 15. inclusive, or in case of entergenrr. ” when, at any time, the life or p npertc of the citizens of Dubuque lila\ be in clanger. .\n enlerge•ncy shall bt. hebl to exist ( I ) \vhetict•cr the tcntcr in the F,agle Point Reservoir i, ;n clanger ri1 overflowing, (2) \vhencccr, to maint:,in proper pressures for fire prntectiou. it is necessary to pump \vater front til,' lower level storage to the high=Crtr') elevated tanks and stand -pipes. nr Special Session, March 30th, 1O )t), Fuel Clause: 'I•he net hill, as computed uptrtt the foregoing rate schedule, is predicated upon coal producing such electrical en - erg) and hating a heating value of 1I,- UOO 13."C.l , per 11). and co,ting X3.35 per toll of 2,000 Ill.,;. delivered in the hunl:- crs. of the plant of the person, firm or corporation supplying such electrical energy at Dubaque, Iowa. III the event that the average cost of coal de- livered in the hankers as aforesaid ill Duhuyue. iowa. differs in price ht t\teIIty-five cents ($ .25), or more per lou trout the base price of then there shall be added to or deducted from the rates hereinabove provided per kilowatt -home (KXVH) as afore stated, otic -tenth mill (, .001 ) for each whole ten cents is .10) by which the cost of coal used during the second preceding month exceeds or is less, re- spectively, than the base price of $3.35 per ton. If the coal used in supplying the energy furnished under this sched- the shall hate a heating value other titan 11,000 B.'I•.l•. per lh., the cost of the same• shall be adjusted downward or upward, as the case may he, so as to reflect the cost of fuel hating a heat value of 11,000 13.'1'.1'. per lb. Such adjustment shall only be made, hoit- ever, after certified calorific tests, Houle by a commercial testing laboratory of recognized standing, and certified cop - pies of such tests shall have been filed with the City Manager of the Cite of Dubtutue, by the person, firm or cor- poration furnishing such electrical en- ergy. SCHEDULE 8 Street and Boulevard Lighting Service Availability: The rates herein prescribed under this schedule shall he available to the mtmicipality of the City of Dubuque and the 30 and of Park Commissioners of the City of Dubtt(lue for lighting streets, alley trays, and park areas, and for traffic control signals. Rate: The rates for each overhead street light owned. operated, maintained and supplied with electrical energy by the person, firm or corporation supplying such electrical energy, including the re- placement of all glassware and renewal of lamps shall be: Size of —PER Y17,AR— Lamp- Hours of Lumens Burning Rate 1000 -------- 4000 ------- $21.00 per year 2500--------4000------- 27.60 per year 4000--------4000------- 33.20 per year Ornamental Street Lighting: The rates to he charged by the per- son, tirm or corporation supplying elec- trical energy within the Cit• of Du- buque for the operation of each light- ing standard of the ornamental street lighting system owned by the City of 97 Dttbtt(Itte, . i the Park 11"ard of the City of Uul,u,lue ilichl(jillp all energy rcyuired for the oper;uion thereoi, and all char"c, incident I„ tilt - operation of aid ststent including the replacement of all gla,sicarc an(I re- newal ofloops, except there the breakage of such gla",c:n'c or lamp, i, due to traffic damage, hitt not includ- ing the repair and maintenance of ca- hlcs and lighting a 11dard is hick :hall Ile maintained at the cost of the Cite or Part: Bo:u•d, :hall he computed for cacti lighting standard as follow,: Per Year IIours Rate I,:unl.1 ,.f Per I,untcns Iturniitg fear atitp Standard ((r 000-_4111111_-sII.IIu antp St iidard (o 1000-_40011 12,00 1-L:un1) Standard l(1 2500__40010__ 19.1111 1-Iaut1) Standard G, 0000__40011-_ 34.101 2 -Lamp tiutit(Iard (o 0000__4000__ 0.3.o(i 1 -Lamp titandard b( 2500__2000__ 13.80 1 -Lamp Standard (n 001111_-2000__ 2.3.100 2 -Lamp St:uulard (o 00011_-.21111(1__ 40.80 Traffic Control Signals: The rates to be charged for clectrical energy furnished for the operation of the traffic control signals uicned, op,•r- :tied and ntaintaine,l ht the Cit t of Irtt- huque, shall he as iolloics: No. and size of land,; Rate., per year 4 -light -40 watts ---------------- $70.00 3 -light -40 Batts________________ 45.00 I lashing type ------------------ 30.00 Police Call Signals The rates to he charged for electrical energy furnished for the operation of the police call signal s\ stent of the City of Dubuque, shall he slo.mtl per year per call signal. Park Lights: 'I'he rate, to I,c ch:n got by the per- son, firm or corporation nppltiug elec- trical energy ttithin the Citc of Du- bugtte for the operation of carp earl: lighting standard of the park or street lightine system owned by the Dubuque Park Board, including all energy re- yuircd for the operation thereof, and all expenses or charge. incident to the op- eration tit said ststent, including the replacement of all gla"ware and re- nettal of lana,,, excel.t where the breakage of ,uch 91a„ware or lamps is dile to traffic damage, but not in- cluding the repair and maintenance of cables and lighting standards which shall he maintained at the cost of the Park Board, shall be computed for each lighting standard as follows: Per Year Size of Hours Rate i,antp_ of Per Lumen, Burning Year i-Lantl, St;oidard 61 4000__4000__s24.i11 1-1,amp Suonl;ud (n 251111__4000__ 10.110 i -Lamp St:nnlard ---------- -- 20.00 I Lamp G, loll \\ alt------ 4000-_ 4 l,:unps 6,. 5(1 \\aft ------1(,40__ It qg Special Session, March 30th, 1.939. Payment: Bills shall be rendered monthly by the person, firm or corporation Supply- ing such electrical energy to the City of Dubuque, Iowa, at the rate of one - twelfth (1/12th) of the respective an- nual charge for each lamp, and/or traf- fic control signal, or police call signal in service during the month for which the bill is rendered. SCHEDULE 9 Direct Current Service Availiability : The rate is available for customers at premises where direct current is now available for power purposes. Direct current power will be rendered only to present customers, at present locations. Rate: First 500 K\VH used per month @ $ .06 per KWH net; Next 500 K\VH used per month @ $ . 05 per KWH net: Next 1000 KWH used per month (a $ ,04 per K\\'H net; All in excess of 2000 KWH used per month Cit,$ .03 per h\VH net. Minimum Monthly Charge: $1.00 per H. P. for the first 5 H. P. and $ .50 per H. P. for the next 45 H. P. and $ .25 per H. P. for all over 50 H. P. of the total connected load in H. P. (or H. P. equivalent), a major fraction of a H. P. shall be considered as one whole H, P. of additional con- nected load. Prompt Payment: Customer's monthly bills shall be computed at the net rate and there shall be added to the total net bill ten (10%) per cent thereof, but not to ex- ceed $5.00 which amount shall be col- lected from customers who fail to pay the net bill within ten (10) days from date of bill. PARAGRAPH 755 Meter Service: Section 2. No person, firm or cor- poration, supplying electrical energy in the City of Dubuque shall install any meter or meters upon a customer's premises for the purpose of measuring electrical energy to be supplied to said customer unless and until such meter has been compared with a standard me- ter and adjusted so that the error in registration at full load is not more than plus or minus two per cent (2%) of accuracy within a period of six months preceding date of installation "Pon said customer's premises. Anv meter installed it a customer's prem- ises shall bear a label clearly indicating the date that said meter was tested and recalibrated. Meters at the effective date of this ordinance in service shall be systemat- ically tested and/or compared with a standard meter and adjusted to register within plus or minus two per cent (2c/, ) of accuracy, in such numbers so that within five years from and after the effective date of this ordinance all Me- ters in service within the Citv of Du- buque will have been tested and recali- brated, and no meter shall be kept in service which has not been recalibrated within said five-year period. The person, firm or corporation sup- plying electrical energy in the City of Dubuque shall keep on file a record of the test of each meter, installed upon or, retained in service upon a custon)- er's premises after test, which record shall be available for inspection by offi- cials of the Citv of Dubuque. Such record as flied shall indicate the name of the manufacturer of said meter it, serial number, hype, capacity, number assigned to it 1)y its owner, the name and address of the customer where said meter was in service prior to said test, the date of said test and date of last previous test, together with the percentage of error above or below ac- curacy, as disclosed by said test. Meters shall be adjusted to register within plus or minus two per cent (217o) of accu- racy at full load. PARAGRAPH 756 Penalty Section 3. Ane person, firm or cor- poration who shall charge or exact other or different rates or charges for any type of service, the rates for which service are herein fixed and determined, or who shall violate any of the provi- sions hereof, shall be denied guilty of a misdemeanor and upon conviction thereof shall be fined not to exceed $100.00, or imprisoned not to exceed thirtY (30) days in jail. PARAGRAPH 757 Repeal Clause: Section d. All ordinances, parts of ordinances or resolutions in conflict herewith or in any manner relating to the subject matter hereof be, and the same are, hereby repealed. PARAGRAPH 758 Publication: Section 5. This ordinance being: deemed urgent and of inunediate neces- city and in the interest of the public peace and safety shall be in effect from and after its final passage, adoption, and approval by the Council of the Cit} of Dubuque and publication as provid- ed by law. Passed upon first and second read- ings this 23rd day of March, 1939. Passed, adopted and approved this 30th day of March, 1939. CART, A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F. AV. THt)MPSON, Councilmen. Attest: J. J. SHL;A, City Clerk. Session, March 30th, 1939. Published officially in the Telegraph - Herald newspaper ;\larch 31st, 1939. J. J. SHEA, 3-31-1t. City Clerk. Councilman Van Duelman moved the adoption of the ordinance. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson Van Duelman, Wharton. Nays—None. Ordinance No. 8-39. An ordinance appropriating money for the various funds and purposes of the City of Du- buque for the fiscal year beginning April 1, 1939, and ending March 31, 1940, said ordinance having been passed upon first and second readings on March 23rd, 1939, presented and read a third time. Ordinance No. 8-39. An ordinance appropriating money for the various funds and purposes of the City of Dubuque for the fiscal year beginning April 1, 1939, and ending March 31, 1940. Be it ordained by the City Council of the City of Dubuque: Paragraph 759. Consolidated tax levy, Section 1. That the consolidated tax heretofore levied pursuant to Section 6217 of the 1935 Code of Iowa is hereby appropriated to the General, Grading Improvement, Sewer and Light Funds in the following ratios, to -wit: (a) Gen- eral Fund $169,166.00; (b) Grading Fund, $9,500.00: (c) Improvement Fund, $13,500.00: (d) Sewer Fund, $2,000.00; (e) Light Fund, $39,372.00. Paragraph 760. Agricultural tax. Section 2. That the revenue anticipat- ed to be received from the tax upon agricultural lands within the City (ex- clusive of such portion thereof allotted to the Library Fund) in the sum of $105.00 is hereby appropriated to the General Fund, making the tax total of said General Fund, $169,271.00. Paragraph 761. Funds. Section 3. That the appropriations for the fiscal year beginning April 1, 1939, and end- ing March 31, 1940, for the various de- partments and purposes of the City of Dubuque be fixed and determined as follows: Group 1. General Administration— Departments 101—City Council ___________$ 200.00 102—Office of City Manager__ 8,805.00 103—Office of City Clerk_____ 2,725.00 104—Office of City Auditor___ 2,110.00 105—Office of City Treasurer_ 21670.00 106—Office of City Solicitor__ 3,965.00 108—Board of Review________ 625.00 109—Office of Civil Engineer_ 2,560.00 113—Elections -------------- 950.00 114—City Buildings _ __ 9,900.00 115—Police Court ____ - 1,515.00 116—Civil Service Commission 100.00 (These appropriations shall be paid from the General Fund.) 99 Group II. Protection of Life and Property. 118—Police Department __-_$77,905.00 ($23,836.00 of this appropriation shall be paid from the General fund and $54,069,00 from mis- cellaneous general revenues.) 119A—Fire Dept. Mainten- ance -----------------$116.602.00 ('Phis appropriation shall be paid from the Fire Department Maintenance Fund.) 119E—Fire Equipment ____$ 12,510.00 ('Phis appropriation shall be paid from the Fire Equipment Fund- 120—Fire and Police .alarm Systems -------------$ 4,650.00 ('Phis appropriation shall be paid from the General Fund.- 121—Office of Building Com- niissioner ------------$ 3,475.00 ($1,675.00 of this appropriation shall be paid front the General Fund and $1,800.00 from mis- cellaneous general revenue.) 172—Office of Plumbing in- spector ______________$ 2,430.00 ($830.00 of this appropriation shall be paid from the General Fluid and $1,600.00 from mis- cellaneous general revenues.) i?., ()Dice of Electrical In- ,pector______________$ 2,685.00 ($1,285.00 of this appropriation shall be paid from the General Fund and $1,400.00 from mis- cellaneous general revenues.) 124—Dog Pound ----------$ 150.00 (This appropriation shall be paid from miscellaneous general revenues.) Group III. Health and Sanitation 125-1-lealth Operation -----$ 13,060.00 (']'his appropriation shall be paid from the General Fund.) 126—Control of Contagious Diseases -------------$ 1,200.00 (This appropriation shall be paid from the General Fund.) 127—Sewer Maintenance ---$ 13 100.00 ('Phis appropriation shall be paid from the Main Sewer Fund.) 128—Garbage Disposal ____$ 18,000.0() (This appropriation shall be paid from the General Fund.) 129—Milk Inspection ------$ 2,360.00 ($860.00 of this appropriation shall he paid from. the General Fund and $1,500.00 from miscel- laneous general revenues.) Group IV. Highways and Street Lights 131-1-lighway Admill istration$ 2,050.11(1 (This appropriation shall be paid from the General Fund.) 132—Street Repairing and -$ 29 500.00 Grading -------;--- ($24,500.00 of this appropriation shall be paid from the General Fund and $5,000.00 from the Grading Fund.) I 100 Special Session, March 30th, ,1939. ------------------- � 133—Cite Garage ---------- ` 11,350,00 134—Ash and Can Collectton5 9,O(Ill.11l) ('These appropriations .hall he Paid from the General Fund.) 138--Strect and 'I'rallic Signal Lighting ------------- $ 39,372.00 (']'his appropriation shall be paid front tile bight hun(I.) 1.10 Street Clc;oiing ------- 9"' 16,6811.011 1'fhis appropriation shall he paid front the Garbage Disposal and Strect Cleaning Ftunl. ) 141—Snow and Ice Removal.$ 5,637.00 ('['his appropriation shall he paid from the Snon• Removal Fund.) Group V. Library 143,— Uhrary Operation ----$ 28,113.00 (26 890.00 of this appropriation -hall be paid from the i,ihrary Fund and 51,223.00 from niis- eellaneou.s library revenues.) Group VI. Parks I HA—Park Administration 5 2,086.00 1-141.- Park Areas, Buildings. etc. ----------------- 20,915.00 1520,851.00 of these appropria- tions shall be paid from the Park Fund and $2,150.00 from miscellaneous park revenues.) Group VII. Recreation 145A—Recreation Administra- tion -------------------52,88(1.0(1 14513—Playgrounds ---------- $.1,9,;o.0(1 145D—\Vinter Sports _-__--_-51,501),00 145E-Stvinmtin,g Pool ------- 4,540.011 145G— indoor \\'inter Sport, 100.011 14$1-1---EniergencN ___--- a 232.00 146 --Athletic I';uh 52,050.011 $12,677.00 ,f these apprupria- tinos shall he Laid rum the 1'I;n L41 ound and tiff inning Pool Fund and $2.575.00 from miscellaneous recreation rev- enues.) Group VIII. Miscellaneous 147—Planning and Zoning __$ 25.00 (']'his appropriation shall be paid from the General Fund.) 148$—Ambulance ----------- $4,335.00 ($3,335.00 of this appropriation shall be paid from the General Fund and $1000.00 from mis- cellaneous general revenues.) 148C—Other Miscellaneous 148F—Airport_R15,605.00 -------------$ 680.00 (These appropriations shall be Paid front the General Fund.) Group IX. Markets and Scales 152—Office of Market lIaster_$1,505.00 ($305.00 of this appropriation shall be paid from the General Fund and $1,200.00 front nlis- cellaneons general revenues.) Group X. Municipal Improvements 162J-1—Citv's share of Special assessments (This appropriation sh $8,0()0.0() (This Paid from the Improvement Fund.) 121 -2 --Storni Sewers and "'lets ---------------$2,000.00 (Thi, appropriation shall be paid from the Setter Fund,) Group XI. Pensions 154J -1 ----Police Pensions _ c9,300.00 (This ;tpl(roln iatio tt .Ball be paid from the Police Pension Fund.) 154J-2—Police Retirement System _S 7.42011 ('This approIpriation shall hr paid from the Police Retire- ment Fund.) 155J-1—Fire Pensions ------$15,700.00 ("this appropriation shall be paid from the hire Pension Fund.) 15,;J -2 --Fire Retirement Sv.tem,,�980.00 ('chis appropriation shall be paid from the Fire Retire- ment Fund.) Group XII. Municipal Indebtedness 161J-1—Retirement of Gonds and payment of in- terest ------------- $15(1,-480.00 ("Phis ;tl,propriation :hall be Paid fruit the foll,m-ing funds: Bund Interc,t Fend, x+27,023.00: Bond Retirement Fund, S50.21 5.()0: Grading Fund, 54,500.00: 1inprovc- ntent Fund X5,'3011. 10: Main Sewer Fund, X4.014.00: �Vat- er \Vorl.< Fund, 520,000.00: I';nlc•r,c(,nc� Fund, 533,228.00.) 161J-2--Retircm(tit of Dock Bonds an(1 Pavntent of Interest --------- $36,998.00 (]'his appropriation shall be Paid from the Dock Bond Fund.) Group XIII. Public Docks 153:\—Dock Operation ------ X2115.00 15313—Dredge Operation ____`9,453.011 153C—`,V. P. A. Project-- ____`2,500.00 153D—Seventh Street Storni Sewer Material., _____$4,612.(1(1 ($16,680.00 of these appro- priations shall be paid front the Dock Operation Fund ;ofd $2,000.00 front nliscel- lancnus (lock revenues.) Group XIV. Waterworks 1.490—Adrttinistration - ___$ 24,365.011 1498—Operation----------$125,26000 ('This department is operated from its receipts and is not stipported by tax Irt c, hcncc no appropriation front taxe, is made, but the foregoinu amounts are appropriatrd from the revenue of >uch depmu-tment. ) Paragraph 762. General miscellane- eous revenues, Section 4. General III isccllattc(ws revenues which are col- lected during the fiscal year shall be allocated to the departments and pur- Poses as Provided for herein and shall LA f Special Session, March 30th, 1939, he used for the payment of the expen- ses of such departments and purposes in the ,trills herein shown. Paragraph 763. Surplus. Section 5). Any surplus not specifically allocated for a definite purpose in the budget and which may exist in either the Gell eral Fund or miscellaneous revenue - account shall he and the sante is hereby appropriated and set apart to he ;ap- plied as contingencies arise or iiia\ be used for such proper purposes as the Council may determine upon. Any sur- plus not ,pecitically distributed in the budget and remaining in fonds created I)%, the Icv.v of special taxes shall be and the saune is hereby appropriated for ;nit proper purpose incident to such funds. Any surplus remaining in any fond at the close of the fiscal year 1933-19,iV I exc(pt taxes which have been levied for special purpose,) shall he trans- ferred into and become a part of the General Fond. Nothing herein con- tained shall authorize the transfer funds realiied front special taxes to a fund or purpose for which ;Illy ,pedal tax levy has been made, except only Leith the approval of the Static Contp- I troller. Paragraph 764. Receipts front Stint - tiling Pool. Section 6. All receipts I from the operation of the swinuttilig pool shall be allocated to the General Fund in part re -payment for the re- demption of general fund warrants and the payment of interest thereon ossa ,ioned by the construction of the swim- ming pool. Paragraph 765. Emergency Funds. Section 7. Transfers of money tn;tt be made from the Emergency Fund to ;Mtv other fond for the purpose of meeting deficiencies in an_v such fund arising from any cause: provided, 11(m ever. that no such transfer shall he made ex- cept upon the written approval of the State Comptroller and then only when such approval is to anintoush requested Ill' the Cit\ Council. Paragraph 766. Delinquent taxes. Section 3. Delinquent prior years' tax- es shall be allocated to the respective funds entitled to the sane when and as the sante are received ht the City Treasurer. Paragraph 767. I)istribution. Sec- tion 9. That the (listribution and divi- sion of the within appropriation shall be made in accordance with the budget of the City Council adopted ou March 23, 1939 which budget is nu,dc a part of this ordinance by reference thereto ;uld shall be considered in connection with the expenditures of said appropriation. Paragraph 763. P*,Mergt•ncy clause. Section 10. This ordinance, in the in- terest of the preservation, of pul)lic peace, health, safety and the general welfare of the City of Dubuque and the inhabitants thereof being deemed ur- 101 tl i'nnwiiiatc necessity. .,hall he i' rct from and ;rftcr it, :,111tion and approval by the C•it. ( 11 and ptthlic.ttion n, pro tided be I,ttt, ;and the appropriation - herein provided for shall be available lien transferred to their rc,pective i ands. I'asscel upon first and second read- ings thi, ?.ird flat of March, 1939. Pa„cd, ;ulopted and approved upon final readint; this 30th day of March, 19,39• A. CLARK, \lacor FfZANK VAN DUFI3iAN, k[JI ;RT WHARTON. (il?O. R. MURPHY, F. W. TlI( )MI'SON, C•nuncilnl; n W, -1 I. 1. ;�hll;.\, City C'letk. I'ttblishcd officiallt in the Telegraph - Herald newspaper, March 31st, 1939. J. I.';Fll,A, 3-31-1t. C'itt Clerk. ('ouncilttlarr Van 1)uclnuut nloted the Mloption o of thr rdinlice. it let C'ottncilntan \Vli:Irton. Carried In the following tote: Yeas—Ma\or Cl: ,;!c Councilutcn Murphy, Thonip, ori, A ;�:t I)uelnt:ut \\•hc!rteln. Nae, ---'-Colic. Ordinance No. 9-39. .\n ordinance granting to hretach11ter-'I r do: ay Com- pany, it, successors and assigns, the right to construct and maintain an un- loading platform and canopy over- the saune, in \\'ashingtorl Street, abutting Cite bots 413 and -11”. in the town nota cite ; of Dtthnrpte, lots: and pre - tile conditions of such permit, ,aid ordinance hating been passed Ill, t.n hr,t anrd second readings oft March '3r(1, 19.11), 1 re,eine(I ;n:d read a third tints. ORDINANCE NO. 9-39 \n ,irdinance granting to Krct,ch- nnr-'I'redt,ay Compal\, its sttccc,sor, surd a>sign,, the right to construct and maintain an nnloadirtg platf''rrtt and canal c o\.er flu• saint•, in Washington . t-ect, abutting city bots 413 and 419, in the toren (nota city) of Utthtt<lue Intl.,; and pre<cribing the condition., of such permit. Be It Ordained BY Tile cite Council Of The City Of Uubrnlrne' PARAGRAPH 769 SECTION 1 That Krct,chnl.r-'llcdtyav Contpattt. it, ,nese„or< and a signs, bc, :uul the \ arc Ilel•ebt granted the right an l silt ihoritt to eon:U'ui t ;utel nlaitttain at: nilivadllt.q pl:�tf, ;ntd c;ulopy uyet the ,ante int A\ ngton Street, abut- ting Cite Lots 413 and 41') in the t(t P i not•r cite ; ..i Uuh11gtac, 'lots, such I'll dirlg pl;atfornt to be 70 feel in Icn);th. :(ct : inches in ttidth, and it ') irtcbc, in 11ciLilt; and ;t canopy assn tb same, ,11(.11 canopy to be not ,I'll I” thio. 70 feet in length and extend out iron the building upon said lots a distano. 102 Special. Session, March 30th, 1939. of not more than 6 feet 6 inches, and to be not less than 16 feet 9 inches above the surface of said Washington Street, and to be attached to the build- ing located upon said Lots 418 and 419, said unloading platform and canopy to be used in connection with the opera- tion of said business of the Kretschmer- Tredway Company, and to he built un- der the supervision of the Building Commissioner of the City of Dubuque, and according to plans filed with and approved by him. PARAGRAPH 770 SECTION 2 It is understood and provided that such right, license and permission here- in granted to use said Washington Street for the construction and main- tenance of said unloading platform and canopy is subject to the continuous con- trol of the City Council of the City of Dubuque. said City Council reserving the right to impose restrictions or con- ditions upon the enjoyment thereof, as may be reasonably necessary for the protection of the public interests, in- cluding the right to revoke and rescind such permission, if at any time the pub- lic interest should require such revoca- tion. If, and when, such permit, right and license is revoked by said City Council, said Kretschmer-Tredwav Company, its successors or assigns, shall remove such unloading platform and canopy at its or his own expense, and restore such part of said Washing- ton Street as has been occupied thereby to the same condition it was in prior to the construction of such platform and canopy. PARAGRAPH 771 SECTION 3 It is understood and provided that the cost of publication of this ordin- ance enacted for the benefit of said Kretschmer-Tredwav Company, shall be borne by said Kretschmer-Tredwav Company of Dubuque, Iowa. PARAGRAPH 772 SECTION 4 This ordinance shall be in force and effect ten (10) days from and after its final passage, adoption and approval be the City Council and publication as pro- vided by law, and all rights hereunder shall accrue to said Kretschmer-Tred- way Company, its successors orassigns when the provisions hereof shall have been accepted by said company. Passed upon first and second read- ings this 23rd day of March, 1939. Passed, adopted and approved upon final reading this 30th day of \I 1arch, '939. CAR[, A. CLARK, Xfayor. FRANK VAN DLIELMAN, ALBERT WHARTON, GEO.R. MURPHI', F. \b'. THOMPSON, Attest: J. J. SHEA, Councilmen. City Clerk. Acceptance of Ordinance The Kretschmer-'I'redway Company does hereby accept the terms, provi- sions and conditions of the ordinance adopted by the City Council of the City of Dubuque, designated as: "Ordinance No. 9-39. An ordinance granting to KretSC11111Cr-•Tredway Com- pany, its successors and assigns, the right to construct and maintain an un_ loading platform and canopy over the sauce, in Washington Street, abuttint; City Lots 418 and 419, in the n w n ( now City) of Dubuque, Iowa; and prescribing the conditions of such per- mit," this 31st day of \larch, 1939• K R r'I'SCHM I? R -•I' R F, D WAY COMPANY, By LABRA A. KRETSCHMER Pres. Published officially in The 'rete - graph -Herald newspaper on the 3rd day of April, 1939. J. J. SHEA, 4-3-1t. City Clerk. Councilman Murphy moved the adop- tion of the ordinance. Seconded bt Councilanut Thompson. Carried by the following vote: Peas—Mayor Clark, Councilmen Murphy, 'rhoirtpsoil, Van Duelman, Wharton. Nays—None. Communication of J. W. Manly, State Representative, advising ot re- ceipt of resolution adopted by the City Council of the City of Dubuque in rela- tion to the housing and slum clearance enabling act, presented and read. Coun- cilman 'Thompson moved that the com- munication be received and tiled. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas— \Iayor Clark, Councilmen XIurphy. 'Thompson, Van Duelman, Wharton. Nays—None. Communication of Robert C. Reilly, `;tate Representative advising of re- ceipt of resolution adopted by the City Council of the City of Dubuque ill re- lation to the housing and slum clear - once enabling act, presented and read. Councilman Thompson moved that the communication be received and filed. Seconded by Councilman Murphy. Car- ried by the following vote: Peas_ Mayor Clark, Councilmen Murphy. Thompson, Van Duelman, Wharton. Nays—None. Communication of Richard V. \I c - Kay accepting with thanks his rcalr pointment as a member of the Plan ming and Zoning Commission, present- ed and read. Councilman \I urph> moved that the communication bc re- ceived and filed. Seconded by Council- man Thompson. Carried by the fol- lowing vote: Yeas—Mayor Clark, Councilmen Murphy. Thompson, Van Duelman, \Vharton. Nays—None. Communication of N, M. Sutton, ad- vising Council that some months ago that he addressed a petition to the Special Session, March 30th, 1939. 103 City Council requesting that the Alley abutting his property oil Hill Street be I improved, and stating that he has viewed the grade with the City 1:n- t gineer and finds the same satisfactory, and that he is desirous of knowing whether his petition Neill be granted or not, presented and read. Councilman Van Duelnlan moved to refer the com- munication to the City Council. Sec- onded by Councilman :\lurphy. Car- ried by the following vote: Yeas— \layor Clark, Councihllerl \lurphy, '1 honlpsou, Van Duelnlan, Wharton. Nays—None. Peetition of P. R. Kennedy, request- ing a refund oil his cigarette license as he has discontinued the sale of cig- arettes, presented and read. Council- man Van Duelman Moved that the re- quest be granted and that a warrant ill the amount of $25.00 be ordered drawn in favor of Y. K. Kennedy to cover the amount of refund granted. Seconded by Councilman \lurphy. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, 'Thompson, Van Duelman, \Vharton. Nays—None. Petition of Mrs. Enlnla Zillig re- questing a refund covering the unex- pired period of three months oil cigar- ette license issued to tier late husband, Peter F. Zillig, presented and read. Councilman Van Duelman moved that the request be granted and a warrant in the amount of $25.00 ordered drawn in favor of Mrs. Enlnla Zillig to cover the amount of refund granted oil cig- arette license issued to Peter F. Zillig, deceased. Seconded by Councilman 'Thompson. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of Wm. Dalbkermeyer et at requesting that all electric street light be placed at the intersection of East 27th Street and White Street. presented and read. Councilman Murphy moved that the petition be referred to the City Manager for investigation and report. Seconded by Councilman 'Thompson. Carried by the following vote: Yeas— Mayor Clark, Councilmen Murphy, Thompson, Van Duelnlan, Wharton. Nays—None. Petition of Dubuque 'Tent No. 24, The Maccabees, requesting permission to use the City Lots, West of the Du- buque Athletic Field for the purpose of holding a carnival during the week of June 26th to July 1st, 1939, both inclu- sive, and also requesting that the li- cense fee and rental charge be waived, presented and read. Councilman \I ur- phy moved that the request be granted and the license fee and rental charge be waived. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of \targaret V. slogan, re - erred to the City Council I)\. tile Board Of Supervisor.,. requesting ,ttsl cosi m )f the 193'3 taxes oil the North :n City Lot 326, presented and read. Coun- cillan \lurphy moved that the pt•titiou I referred to the City Solicitor for in- vestigation toll report. Seconde'l Ly Councilman \'an Duelnlan. Carried by the following Mute: Yeas—\layor Clark, Councilmen \lurphy, 'Thompson, \•cut Duelman. Wharton. Nays—None. Petition of \Ir>. \Iartha \Vil.,oit• ru- ferred to the City Council by the Loard ofSupervisor,, requesting su,pension of the 1938 taxes on Lot % of \\'ilson Still., presented and read. Counciintan \lurphy moved to refer the petition to the City Solicitor for investigation and report. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—\layor Clark, Councilmen \1 urphy, T11011tpson, \-an Duelman, Wharton. Nays—None. Petition of Louis 1-1, Kitehnle, re- fcrred to the City Council by the Board of Supervisors requc,ting ,uspewiun of the 1938 taxes on I,ot 60 of \IcCra- neV's lst Addition, presented and read. Councilman \lurphy moved to refer clic petition to the City Solicitor for inVc,- tigation and report. Seconded I>y Coun- cilman Van Duelnlan. Carried by the following vote: Yeas—\layor Clark, Councilmen Murphy, Thompson, \'alt Duelnlan, Wharton. Nays—None. Conmllunicatiou of B. J. Kramer, Owner, Black and \\•kite 'Transporta- tion Co., calling the attention of Citi• Council to the nectssity of a sidewalk ou the new Rockdale }Load between Railroad Avenue and Grandvicty .Ve- nue, presented and read. Councilman •Thompson moved to refer tile. to tilt City \IallaL, for to cun- Icl' with the State lligh\VaV Conutlis- ,ion on this matter. Seconded by Councilman \lurldl Carried by the fulotying vote: Teas --Mayor Clark, Councilmen \lurpbY, 'I'honlpson, Van Duelnlan, \\batum. Nays—None. Petition of 11,eyc tiros, requesting permission to excavate in the alley Ile- tweelt Central \Venue and \\•hitt Street and hetween Sixth and SeVenth streets for the I'll, e ..i running all air lint frons the building on Central Avenue to the building located on \\'bite Street, Itncst•ttted and read. Councilman \1 urpbc moved that the re- gticst be granted. the \cork to be done under the ,nperyt,i„ii of the liuilding Conmtlis,ioncr and a proper bond to be furnished before a permit is granted. Seconded 1>y Councilman 'I'hontltson. Carried by the following vote: Yeas— \layor Clark Cotmt•tlulen \lurphy. Thonlpsoll, Van Duelman, Wharton. Nays—None. petition of Ulrich \\'illy, Contractor, requesting permission to d.. blasting ilt the excavating and clearing at the Bry- 104 Special Session, March 30th, 1939. ,,,It :school :uul submitting a certificate of insurance as required, presented and read. Comwilman Thontp,on moved that the rcwle( t he {;ranted anti the cer- liticate of insurance covering the sante be placed on file. Seconded h>• Cotin- cihnan \lurphy, Carried by the follUtt- ing vote: yeas—Jlayor Clark, Comi- ciltnen Murphy, 'I'lumtp,on, Van Dttel- m:ut, Wharton. NiceNone. 1'n,of of publication, ccrtibcd to by tilt- publi,hcr,, ul a ,tatcrncnt of re- ccipt, and al.o a li,t of claim, for which warrants acre dr;m ii daring the month of Februar,\. 1939, presented and read. Councilman Murphy moved that the proof of publication be receiecd and filed. Seconded bt Councilman "I'honlp- ;on. Carried ht the following tote: yeas—\I:t"..r Clark, Councilmen \l ur- phy, Thontp,on, Van Duelman, \\'har- ton. Nat,- None. March 29, 1939, To the Ilonorable \Enol- anti City Council, Dubuque, Iowa. ("cntlenteu: \\•c beg to report that pctitiotl of William C. 11rot"n and William I.. lone,, attached hereto, t"hick teas rcfcrrcd to the Planning and 7.oning Conuui„ion by action Cit” Council on February 2i, 1939, ha, rce. iced the careful consideration of ,aid Contnli.s- .ion. In View of the fact that the unnamed ,trect iu question proti(I(•s the )nit nu:ol, of ;tcccss to \lincral Lot No. 2%, t cert dt',ir;tble piece of residential building property. amwoxintatelt 25 acres, otene(I by \Ire,. l rc(1 Fal(lorf) the Planning an(I Zoninsr Couunission, recommend, to _tote• honorable• ho(I_" that the petition be denied. Rc.pectfullt• submitted, R. V. \1cKAy, Secertar". Councilman \ an I)' elnl;ut moved that the reconuttendatiott of the plan- ning and •Zoning Conullission he re- cei"cd :nut tiled. SM)MIcd by Cotut- cilnt;m \\'hartotl, C;o•rie(I by the fol- lo%"ing tutt.: yeas—\layor Clark, Cotntcilmen \lurphy. "I'honlpson, Van Duclnn[n, \\'harlon. N;tc>-- None. Councilman all Uuclntan moved that the petition of \It -„r,. \1 illiam C. tire. ten soul \\'illi;nn I•. Ione,, regue,t- nlg the ""'cation of the nnattted street on tehich I.ot, 33 and 3inof (:ran(l\'icty height, :[but from 1'It nu'tttlt Street >onthcrlc Wtile .end of the street ;nut utTerinc tilt' amount of "13Q1111 for said ""'caved p;n cel, of ,treet if vacated, he granted :11111 the (•its Solictior to be itt- Unett d to prepare the proper procee( illi”, lv. ticcondcd by Cottncilntan \I nr phy. C'at-vied by the follotting tote: Peas-- \layor Cliwk, Cotntcilmen \lttr- phy, "I•hontpso1. \'an lhulnt:ut, \\'har- ton. Nays --\one. March 29, 1939• To the Ilonbrable \Mayor and City Council, Dubuque, iotva. Gentlemen: At the session of the Council' held February G, 1939, the hill of James F. I,(•(. Pa"ill", Co. in the amount of :�281.,50 to coyer ;(i3 cu. Nods. of sand taken by the City from Lot 129 of 1lallt•, Add. "ta, referred to the' City \l;ou[gcr for intc,tigation and report. f have investigatcd the ,ituation and Conferred several times ttith \Ir. I,ee.' It is evident that the cite has for some vc;o'• Fast ellcroachetl on I.ot 129 of ":I'll's '\(I(" ot"rte(I by I. F. I.cc soul renis ved sant) front it. \Ir. Lee has al;rccd to accept $11111•Ilo in fall settle- ment of his claim, all(] f, therefore, rec- nntmen(l that a ttarrartt in tilt- stint of $100.00 he drawn payable to Janles F. l.ce upon his signin,tr the attached re- ceipt and release. Res )ectfullt• <nhntittvd, A. A. RHO\IRF,R(;, City \tanager• Cnntcilntan \Irtrphy ncoted that the reconrtuelidation of Cite \tanager Rhontben" he apinv."ct! ;incl that a war- rant in the amount .,i 5100.00 be or - tiered drawn in favor of I;unes F. Lee facing Contp<uly in full settlement of his claim• said ttarrant to he delivered upon tilt. signing of the attached re- ceipt and relett,e by Jame; F. [,m Sec- onded by Ctntltciltttan Thompson. Car- ried by the following vote: yeas---- \layor Clark, Councilmen Murphy, 'I'hontpson, \%an Duelman, Wharton. Nays—Noce. March 30, 1939. To tilt, Ilonorahle Alavor and City Council, Dubuque. na uqe. lo. ("entlenlen: At the ,c„inn of the City Council held \farclt 15, 1939, the petition of the Fischer .Artificial Ice and Cold Storage Co., requc,ting permission to construct and rttainutin :[ railroad track acro>: the ,trcct, and alleys in Booth's Addi- tion was referred to the Council to view the ,erotllldS. The Council (lid so view the ,itc on \larch 22nd, and decided to grant the petition, ordere(I the proper ordinance (lrattn and printed at the 1 - titioner•s expense. I recommend that the action of the Council of March 22, 1939, be con- firmed. Respectfully submitted, A. A. RHOMBERG, City Manager. Cotutcilntan Van Ditelman moved that the t'cconttile itdation of City Man- iger Rhomberg he approved alit] the City Solicitor to be instructed to pre pare the proper procceding,. Seconded I>y Courtcilnl:ol \\'harton. Carried by the following vote: yea.<—Mayor Clark. Councilmen \I urphy, Thompson, Van Duelm:ul, Wharton. Nays—None. Special Session, March 30th, 1939. 105 \larch ,ill, 1939• tike coli'liti+n1 of ill. 1•o the Honorable Jlayor and upon the Sallie, 111(1 is ,i(tt ++f tali, la,I City Council, Dubuque, Iowa. ;11d of the f;t. t that 111cr( I+IiL;ht 11,-1 Gentlemettsession It- he ,ttlT,ticnt ccidcucc n•otlllCc+ t 1 I At the of the City Council i + file trial of t 1. ;a -c t++ a,+rr,utt tin p;, held lFebruary 27, 1939, 31r. Carl A. V. ,entation of file (;,-c t.• ill, iury in til, Dieterich petitioned to buy Lot lit ,+i �lut•ti";l of nc.�lic(n+c, I f,ittleton and Sawyer's :Add. On \larch •itc(l ;111(1 -lfcck(1 ;! '+ 111, 1 it - 3rd, the Council vie).ccd the tronnd- tilt li::l i i:% „; C' t'it I)ui,.l I,!c and decided to sell cheaply ;ince the ,, - I I i� I -,. :11.1111 in lot is considerably below street level. iull sculct'. � , .,f ;til \Ir. Dieteerich has since offered S25.00 lainis of t!l� -+it! cklinlaill :,e;un t the fur the property. Cit., of lluinnluc. I recommend that the offer of r'; -.nu I eruuld acr, rdnlelc rrc+nnnlcml tlr,t made by ;\ir. Carl A. F'- Dictericii for 111,+.n the cec; ration of . r•:ctipt : n l It - I,ot 16 of l,ittleton and Sa(vycr's .Wd. Itn,c in full �,ctticnlcnt of all claim, or be accepted and that it quit -claim decd ,a:tsc-. of action bl the ,:,id :\lir-! I1 -ill IR, i,,ued to him upon the i, .Anent of nr.i: n,. I Illi di.nli- ;!1 If ,;:id =uit in the money. 287;0 in tl,• !)i�t.irt C•,+nit Respectfully submitted, t,:ht1 ue Count". I'ma, \%ill: 1+itiu A. A. RHON113P,N1 and at file cost, ,+f illl'Ltintltl Cit\. \larta�, 1. ii•, ihat a warl_,1111 Me +Iri1\,11 p,l} Councilman Van Duelman mo --d I ,tnd delivered to Walter Koer- that the recommendation of Citc Nix _I, LlW\ for \i r•. .Vile, 1;aunn111n ;tger Rhomberg be approved. tier++tl,l, l ttlenu.nt of ,ai,l claim ;cld ,aft. Councilman Murphy. Carried b.' Iii: ant of S230.00. the following vote: Veas— %layor Clark• Ke,pcctfttlly suhntitted. Councilmen \lurphy, Thompson, Van Al,. J. NFUSON. Duelman, Wharton. \ac's--No11(. Cite Solicitor Noo CoullCilnutli \'an 1)l1elltla1l ar+„t ,\larch .30, Honorable \-layor and Cit} Council, that the re(7ounnend:tti„lt of Ott, So- 1)ubtique, Iowa. licitor Nel,on he approved a"d that ;, Re: Claim and Suit of Mrs. Alma Bau- want in tilt :t11wn11t of .�230.00 he or- mann vs. City of Dubuque dcred drawn in favor of \\-ai•tcr Ko'r Gentlemen: 11cr, .Wollic\ f+n \Ir'. ..tufa 1';nn•1:u•n Prior to ill}• assttntption of that (1"i c, in fall scttlt11i: rat „f cl;ur,i -,,I ,ult. •:,i,l there was referred to tile Cit e Solicitor Wal,rallt to he delfvcrcrl 11p+ a tilt- exccu- bv the Cit\. Council the claim of. \Ir's. tion :111(1 r,lt;t,r ++f all rl;+in:. + r cill.-c' Alma 13au11lal,n tiled Ucceiuher of action .i -tilt ill til+ 1937, claiming danta: cs in the still, (i Ui,tri:t ('ourL it!! i rciu+lir ;+n+l itt 57, 00.00, on account of personal in- root. (.f ,aid "nit to he h"rnr I,.% the I,•r C +u: ilnl;ui juries sustained by her in it fall upoll the sidclvalk on the North side of •I'Ilir plailititl. :41.r,-IIdc(I \\'hartoll. Carlic+l tl:+ i+.ii +scute teenth Street bchvccn loeva Stl-('('t ;!n(! "'le: Pest. \1a.” r C'I: r!., ('+'nnrilincn the alley uc.\t West of Iowa Strc+ t• \Itirph'fMonlp<on, \';:n I)Itclnut'i. and bet\\•t'e'll \Iain and Iowa titrect- \\'Marton. N;tcs Nouc. further husines, on the 1st clay of December, 1937, sai(I there hcilig no Van i)uelntall ulovc(I t•, fall allel,''ed to have been due to the (•,+uncililr,nt Seconded by Councilman rona;. rigid and uneven condition (.i ice ;Wd ,note upon the sidelvalk and ;il li, urn. \\'hartou, Carried by file follotvnlp leged to have been caused duc to IMI vote: \-cas--\lavor Clark. C,+unt ilmcn neglipclicc of the City of Dubu(lin•• NI 111-101Y. Thonip,on• \;ut Ihltlm:,n. Thereafter on or about the 234d Ila Wharton- A;n ' A+'�I` of February, 1938. suit was il-titutc,l City C'Icr!:. in the District Court of Ih1bu(1uc Co!l'l ty, Iowa, by ;aid Claimant, .\1111:1 1;ati q mann against the Cite of Dnhu+Int \I it •t, asking damages in tilt• ,11111 of -:1 11011.011 on account of said fall and iM( alltl cd ncjilicncc of the Citc.� l have completed invcstigatioll d " this claim and 'suit and h:tt•e intvrvict. t+I it large number of possihlc tvitncs"' •. and, as the result of said investi+;atiot,, and from the evidence adduced 1 Iunl that claimant did sustain said injuri - t' . " ' Z,, J at Or about the Lillie alld place 111 (Iil, tion £L-; alleged 111 ,aid clallli and sunt. Investigation mad( by tele :!Iso df-- closes that there is sonic questi(m a, t+ the exact condition of said sidewalk at the time and place in questiun, and a< I 106 Regular Session, April 3, 1939 City Council (Official) Regular Session, April 3rd, 1939. Council met at 7:40 P. M. Present — Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton, City Manager Rhomberg. Mayor Clark stated that this is the regu. lar monthly meeting of the City Coun. cil, and also the first meeting of the fis. cal year, for the transaction of such business as may properly come before the meeting. Councilman Van Duelman moved that Councilman Murphy be elected Mayor for the ensuing year. Seconded by Coun- cilman Wharton. Carried by the follow- ing vote: Yeas—Mayor Clark, Council- men Thompson, Van Duelman, Whar- ton. Nays—None. Councilman Murphy not voting. Before retiring from the Mayor's chair, Mayor Clark administered the oath of office to Mayor Murphy, whereupon Mayor Murphy took the Mayor's chair. Resolution No. 48-39 A resolution providing for the appoint- ment of officers of the City of Dubuque; prescribing their salaries and fixing their bonds. Be it Resolved by the City Council of the City of Dubuque that the following officers be appointed to serve durin¢ the fiscal year 1939-1940, subject, however, to the right of the Council to declare such offices vacant or remove the officers therefrom at the pleasure of the Council with or without cause, and to be paid the following compensation provided for in the budget as adopted for the fiscal year 1939-1940, and the following bonds shall be provided by such officers at the ex- pense of the individual officer: City Man- ager A. A. Rhomberg, salary, $6,000.00, bond $5,000.00; City Solicitor,' Al. J. Nelson, salary $3,800, bond $1,000.00; City Clerk, J. J. Shea, salary, $2,500.00, bond $1,000.00; Police Judge, Louis Fautsch, salary $1,500.00, bond $1,- 000.00; City Assessor, George Bennett, salary as provided by law, bond $500.00. Be it Further Resolved that the salary of the City Manager shall be paid as follows: $4,800.00 from the General Fund and $1,200.00 from the Water Works Administration Fund. Passed, adopted and approved this 3rd day of April, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen Attest: J. J. SHEA, City Clerk. 107 Councilman Clark moved the adop- tion of the resolution. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duel. man, Wharton. Nays—None. Mayor Murphy then administered the oath of office to City Manager A. A. Rhomberg, City Solicitor Al. J. Nelson, City Clerk J. J. Shea, Police Judge Louis Fautsch, City Assessor George Bennett. Councilman Clark moved that the rules be suspended for the purpose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Van Duelman. Carried by the follow- ing vote: Yes—Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton. Nays—None. The Daughters of Union Veterans of the Civil War, Mary Agard Tent, presented a verbal request for permission to hold a tag day on June 10th, 1939. Councilman Van Duelman moved that the verbal request of The Daughters of Union Veterans of the Civil War, Nlary Agard Tent, for permission to hold a tag day on June 10th, 1939, be granted. Seconded by Councilman Thompson. Carried by the following vote: Ye�s— Mayor Murphy, Councilmen Cl -irk, Thompson, Van Duelman, Wharton. Nays—None. April 3, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: As City Manager of the City of Du- buque, I beg to advise you that I have appointed the following persons to assist me as officers and employees in the or- derly administration of the city govern- ment of this City and of the various departments thereof, said officers and employees to be under my supervision, direction and control and their appoint- ments to continue during the pleasure of the Manager, and they shall b a d such salaries as are set up opposite with names and approved the City eCouncilhfo bud- get get fiscal year, 1939-1940. City Auditor—R. P. Marshall $2,450.00 City Treasurer—Otto F. Puts-- 2,400.00 Building Commissioner— 3,000.00 H. H. Howie- -- - Health Director— 1,800.00 Dr. A. J. Entringer Market Master— 1,400.00 Charles McCarthy Clerkof (Paideas amembberoCourt—Detective of the Po- lice Department) All other employees of departments at present engaged therein in accordance with the budget eof 19339-1 9! 0 havecontinbe eo remployed by 108 Regular Session, April 3, 1939 work for the City under such conditions as to time and rates of salary and wages as provided for in said budget. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Van Duelman moved that the communication of City Manager Rhomberg be made a matter of record. Seconded by Councilman Wharton. Car- ried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 49-39 A resolution selecting the official news- paper of the City of Dubuque. Be it resolved by the City Council of the City of Dubuque that the Telegraph - Herald, a daily newspaper of general circulation in the City of Dubuque, be and it is hereby designated and appointed the official newspaper of said City. Passed, adopted and approved this 3rd day of April, 1939. Geo. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Clark moved the adoption of the resolution. Seconded by Coun- cilman Thompson. Carried by the fol- lowing vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duel - man, Wharton. Nays—None. Resolution No. 50-39 A resolution designating the deposi. tories for public funds of the City of Dubuque. Be it Resolved by the City Council of the City of Dubuque that the following banks be appointed depositories of the public funds, and the City Treasurer is hereby authorized to distribute such funds in such banks in amounts not to exceed the following: First National Bank, $175,000.00; American Trust and Savings Bank, $150,000.00; Dubuque Bank and Trust Company, $100,000.00. Be it Further Resolved that the City Treasurer be and he is hereby directed to file with the County Treasurer of Du. buque County, Iowa, a list of such de. positories and to keep such list on file with such County Treasurer at all times. Passed, adopted and approved this 3rd day of April, 1939. GEO. R. MURPHY, Mayor. Frank Van Duelman, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Attest: J. J. SHEA, Councilmen. City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duel. man, Wharton. Nays—None. Resolution No. 31-39 A resolution appointing the Board of Review and fixing the compensation of the members thereof. Be it Resolved by the City Council of the City of Dubuque that the following named persons be appointed the Board of Review of the City of Dubuque for the year 1939; JOHN H. WEIMER EUGENE FORWARD FRANK J. HICKSON Be it Further Resolved that each of the above named members of the said Board of Review be paid the sum of $200.00 in full compensation for all ser- vices to be rendered by them in the per- formance of their duties, said sum to be paid from the General Fund. Passed, adopted and approved this 3rd day of April, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Clark moved the adoption of the resolution. Seconded by Council- man Wharton. Carried by the following vote: Yeas—Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton. Nays—None. Communication of A. Y. McDonald Mfg. Co., Geo. M. Galloway, Pump Di- vision, stating that they believe that if the bids as received by the City of Du- buque, for pumping Unit Contract 3 P.W.A. Docket Iowa 1684-F, had been submitted to P.W.A. together with all the qualifying letters which became a part of the bid in a different manner, P.W.A. would have recommended the award of the pumping contract to A. Y. McDonald Mfg. Co. as submitting the lowest bid which complied with the es- sence of the specifications, presented and read. Councilman Wharton moved to re- fer the communication to the City Coun- cil. Seconded by Councilman Van Duel - man. Carried by the following vote: Yeas — Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Whar- ton. Nays—None. Communication of Milton J. Glenn and Hugh Stuart, Judges, Nineteenth Ju- dicial District, State of Iowa, submitting facts to the City Council to assist them in considering the advisability of revising the City Ordinance with reference to the Regular Session, April 3, 1939 purchase of goods by junk .dealers, sec- ond hand dealers, and pawnbrokers, pre. sented and read. Councilman Thompson moved that the communication be re- ceived and filed. Seconded by Council. man Clark. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Whar- ton. Nays—None. April 3, 1939. Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: I have recently been called into con- sultation with, and have attended a num- ber of conferences of the judges of the District Court, the juvenile and proba- tion officers of the County, and the Chief of Police relative to the matter of juvenile delinquency in our city. Investigation made discloses that much of this juvenile delinquency is and has been brought about by the petty steal- ing of junk, metals, and other articles of used property for which there appar- ently has been a ready market in which these juveniles have been able to dispose of the property stolen. In an effort to stop this practice and curtail the market for such articles, it has been suggested that certain of our ordinances relating to the purchase of such articles of property from minors be changed. I have heretofore discussed this matter informally with your honorable body, and, after fully considering the situation, and making a study of the ordinances now in force, I submit herewith the fol- lowing: (1) An ordinance repealing ordi- nance No. 76 which provided that a pawn broker, junk dealer or second-hand dealer could purchase property from a minor by obtaining or receiving the writ- ten consent of the parent or guardian of said minor. (2) An ordinance amending Ordi- nance No. 3-38 and paragraph 644, Section 2 thereof, which contained the same provision as Ordinance No. 76, the amendinent providing that no such prop- erty could be purchased or received from any minor under the age of 18 years, or any minor over the age of 18 years with- out the written consent of the parents or guardian of such minor; (3) An ordinance providing that all pawn brokers, junk dealers and dealers in second-hand goods shalt keep a record in a book of all purchases of personal property, with the name of the person from whom purchased or received, a de- scription of the property, the purchase price of the same, the name of the per. son to whom sold, and the sale price thereof. This ordinance also provides that no pawn broker, junk dealer or sec- ond-hand dealer shall purchase or re• 109 ceive any such property from any minor under the age of 18 years, nor sha!l any such property be purchased or received from any minor over the age of 18 years without first receiving a wri:ten consent of the parent or _riL, of such minor. In order that proper be given in the mare: _ - r . _ _ : : juvenile delinquency o`" :-7 :1 I would respectfully:, - ordinances transm::1ec adopted. Respec - a : Councilman Van - _. _ -iiac the recommends --r.. Nelson be approved_aua- cilman Clark. Carried - :.vt.lg vote: Yeas—Mayor M_-77. _. _ ._sen Clark, Thompson, Van ton. Nays—None. Ordinance No. 10-39 An repealing an ordinance nance No. 76. An ordinan--: pawn brokers, junk dealers .._ hand dealers from purchas::-- - ing from minors any propo.:. the written consent of their paren-s or guardian and providing for the enforce- ment thereof", and declaring an emer- gency, presented and read. Councilman Van Duelman moved that the reading just had be considered the first reading of the ordinance. Seconded by Council- man Wharton. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Whar- ton. Nays—None. Councilman Van Duelman moved that the rules be sus- pended requiring an ordinance to be read on three separate days. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duel - man, Wharton. Nays—None. The ordi- nance was then read a second time. Councilman Van Duelman moved that the reading just had be considered the second reading of the ordinance. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Ordinance No. 11-39. An Ordinance amending Ordinance No. 3-38 entitled: "An Ordinance requiring pawn brokers, junk dealers and dealers to second-hand goods to give notice of the purchase or receipt of mechanics' tools and equip- ment; prohibiting the purchase by pawn brokers, junk dealers and dealers from and -hand goods of any p p Y minors; prescribing a penalty for viola- tion hereof; and declaring an emergen- cy" by repealing Paragraph 644, Section 2 relating to the purchase or receipt of property from minors, and enacting in substitute therefor, and declaring an 110 Regular Session, April 3, 1939 emergency, presented and read. Coun- cilman Van Duelman moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duel- man, Wharton. Nays—None. Council- man Van Duelman moved that the rules be suspended requiring an ordinance to be read on three separate days. Sec- onded by Councilman Wharton. Car- ried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. The ordinance was then read a second time. Councilman Van Duelman moved that the reading just had be considered the second reading of the ordinance. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Ordinance No. 12-39. An Ordinance providing for the keeping of records of the purchase of personal property by pawn brokers, junk dealers and second- hand dealers; prohibiting the purchase by pawn brokers, junk dealers and second- hand dealers of personal property from any minors under the age of 18 years; or from any minor over the age of 18 years without the written consent of the parent or guardian of said minor; pre- scribing a penalty for violation thereof; defining the terms used herein; and de- claring an emergency, presented and read. Councilman Van Duelman moved that the reading just had be considered the first reading of the ordinance. Sec. onded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Councilman Van Duelman moved that the rules be suspended requiring an ordi. nance to be read on three separate days. Seconded by Councilman Wharton. Car- ried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None, The ordinance was then read a second time. Councilman Van Duelman moved that the reading just had be considered the second reading of the ordinance. Seconded by Councilman Wharton. Carried by the following vote: Yeas — Mayor Murphy, Councilman Clark, Thompson, Van Duelman, Whar- ton. Nays—None. Notice of Claim of Miss Mildred Eye in the amount of $300.00 for personal injuries received in falling on icy side- walk on the easterly side of Roosevelt Street just west of the Giese home near Rhomberg Avenue, presented and read. Councilman Clark moved to refer the no- tice of claim to the City Solicitor for in- vestigation and report. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duel. man, Wharton. Nays—None. Communication of Howard C. Bald- win, State Senator, advising of the receipt of Council resolution relative to the pass- age of enabling acts for slum clearance and housing, presented and read. Coun. cilman Clark moved that the communi- cation be received and filed. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Petition of John B. Wersinger, request- ing a free license to peddle fruit and vegetables, presented and read. Council- man Thompson moved that the petition be referred to the City Manager for a report. Seconded by Councilman Clark. Carried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Petition of Mrs. Mary Faldorf object- ing to the vacation of the unnamed street running south from Plymouth Street at this unnamed street is the only access that she has to a tract of land, presented and read. Councilman Thompson moved that the petition be received and filed. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Petition of M. J, Pautvein, requesting that action be taken at once to stop the water from draining onto his property from the alley in the rear of 770 Angella Street, presented and read. Councilman Wharton moved to refer the petition to the City Council to view the grounds. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphv, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Petition of F. D. Brown et at, request- ing the erection of a street light at the west end of Hayden's Lane, presented and read. Councilman Wharton moved to refer the petition to the City Manager for investigation and report. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duel - man, Wharton. Nays—None. April 3, 1939. To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: In compliance with your instructions bids were taken for the printing of the index and binding of the Council pro- ceedings for the calendar year 1938. Ap- proximately twenty (20) firms were con- tacted and two bids were received, that of the Telegraph -Herald for $97.00 be- ing the lowest. Regular Session, April 3, 1939 I recommend that the bid of the Tele. graph Herald be accepted and that they be awarded the contract for the printing of the index and binding of the 1938 Council Proceedings. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Clark moved that the rec. ommendation of City Manager Rhomberg be approved. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Whar- ton. Nays—None. April 3, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have approved the following personal bonds and desire to have your approval on same for filing: A. A. Rhomberg--------- City Manager Geraldine L. Demkier— _---_______Secretary to City Manager Daniel J. O'Leary ---Plumbing Inspector Otto F. Bethke______ Electrical Inspector J. J. Shea ------------------ City Clerk Al. J. Nelson ------------ City Solicitor Robert P. Marshall -------- City Auditor John Joseph Hail- ------ Supt. and Cashier, Water Dept. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Van Duelman moved that the bonds be approved and placed on file. Seconded by Councilman Thompson. Carried by the following vote: Yeas— Mayor Murphy, Councilmen Clark Thompson, Van Duelman, Wharton. Nays—None. April 3, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The closing of the fiscal year 1938- 1939, just completed, is significant and unusual in that it represents the first time in some years that no deficit financ- ing is necessary. I beg to report that all funds of the city have some money in the balance, that all bills have been paid, and no "floating" or unbonded debt is outstanding. This is all the more remarkable when consideration is given to the deficit fi- nancing required in the previous three years: $134,000.00 in 1936, $149,000.00 in 1937, and $55,000.00 in 1938. The reason for the present successful finan- cial situation is the adherence to a soundly planned budget. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Clark moved that the communication of City Manager Rhom- berg be made a matter of record. Sec- onded by Councilman Thompson. Car- ried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 52-39 BE IT RESOLVED by the City Coun- cil of the City of Dubuque that the fol- lowing, having complied with the pro- visions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City: Name Address Mrs. Emma Zillig---- 2222 Central Ave. BE IT FURTHER RESOLVED that the bond filed with the application be ap- proved. Passed, adopted and approved this 3rd day of April, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Clark. Carried by the fol- lowing vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duel - man, Wharton. Nays None. Resolution No. 53-39 WHEREAS, applications for Class "B" Beer Permits havebeen submitted ht have Council for approval 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 appli- cants shall be forthwith inspected. Class "B" Permit Address Name Alvin Lee and Joseph P701wCentral Aveune Jacob Hedrick_-- -- -- 1236 Iowa Street Passed, adopted and approved this 3rd day of April, 1939. PHY, Mayor. FRAONK VAN RDUELMAN, ALBERTWHARTON, CARL A. CLARK, F. W. THOMPSO' Councilmen. Attest: J. J. SHEA, City Clerk. 112 Regular Session, April 3, 1939 Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Clark. Carried by the fol- lowing vote: Yeas—MayorMurphy, Councilmen Clark, Thompson, Van Duel - man, Wharton. Nays—None. Resolution No. 54-39 WHEREAS, heretofore applications were filed by the within named appli. cants for Class "B" Beer Permits and they received the approval of this Council; and WHEREAS, the premises to be occu- pied by them have been inspected 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 following named persons a Beer Permit. Class "B" Permit Name Address Alvin Lee and Joseph Walsh- ---------------- 701 Central Avenue Jacob Hedrick -------- 1236 Iowa Street BE IT FURTHER RESOLVED that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 3rd day of April, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Access: J. J. SHEA, Councilmen. City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Clark. Carried by the fol- lowing vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duel - man, Wharton. Nays—None. April 3, 1939. Honorable Mayor and City Council., Dubuque, Iowa. CLAIM OF HENRY HIER Gentlemen: On March 30, 1939, the City Council referred to me for investigation and re. port the claim of the above named Henry Hier, filed March Z3, 1939, in the sum of Seventy-five ($75.00) Dollars, for in- juries sustained by him in a fall upon the sidewalk on the West side of Central Avenue, just North of Twenty-third Street, and North of the Tegeler Garage, sad fall alleged to have been caused by rough and ridged snow and ice upon said sidewalk, and due to the negligence of the City of Dubuque, Iowa. I was notified of this accident very shortly after it happened and made an investigation of the same both before and since the filing of the claim, and find that there was some rough ice upon the side. walk and in view of the fact that an alle. gation of negligence might be sustained, I have effected a settlement and com- promise of the claim in the sum of Twenty-five ($25.00) Dollars, and re- spectfully recommend that upon the exe. cution of the enclosed receipt and release by the said Henry Hier, a warrant in the sum of Twenty-five ($25.00) Dollars be drawn and delivered to Mr. Hier. I am returning the claim herewith. Respectfully submitted, AL J. NELSON, City Solicitor. Councilman Clark moved that the rec. ommendation of City Solicitor Nelson be approved and that a warrant in the amount of $25.00 be ordered drawn in favor of Henry Hier as settlement in full of his personal injury claim, said war- rant to be delivered upon the execution of receipt and release by Henry Hier. Seconded by Councilman Thompson. Carried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. There being no further business, Councilman Van Duelman moved to ad- journ. Seconded by Councilman Clark. Carried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. J. J. SHEA, City Clerk. Approved_ _p�Q 1939. Adopted �,_�Q� - 1939. ll 11 �� Attest: City Clerk. Awl - Special Session, April 4, 1939 City Council (Official) Special Session, April 4th, 1939. Council met at 6:05 P. M. Present—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Whar- ton, City Manager Rhomberg. Meeting called by order of Council- men Clark and Thompson. Mayor Murphy read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of considering the awarding of the contract for the installation of the proposed Pumping Unit at Eagle Point Pumping Station and acting on any other business as may properly come before a regular meeting of the City Council. FEDERAL EMERGENCY ADMINI- STRATION OF PUBLIC WORKS REGIONAL DIRECTOR Region No. 4 Public Works Building 2040 Howard St. Omaha, Nebraska 2040 Howard St., Omaha, Neb. In reply please refer to Docket No. Ia. 1684-F, Water Works Improvements, Du- buque, Iowa. Eng. S 6—CRD: LL March 28, 1939. Mr. A. A. Rhomberg City Manager Dubuque, Iowa Dear Sir: We are in receipt of a communication from our Central Office in Washington with reference to the award of Contract No. 3 for the pumping unit on the above docket. The Central Office states that they find the method of valuation that was set up in the specifications to be fair and reasonable and not restrictive to competitive bidding. They also state that the bid of the Climax Engineering Company is the lowest according to this evaluated basis and that the acceptance of this Climax equipment will be far the most economical for the above listed rea- sons. The award of the contract for this pumping unit can only be approved by the Public Works Administration if let "to tlle-Climax Eggsneering Company. �It T,\odr-unle%anding that Resolu- tio,n� of Award which the Council drew up awarding this contract to the A. Y. McDonald Company was tabled and has not yet been signed. It would appear from the decision of our Central Office that if the Council persists in awarding to the A. Y. McDonald Company that this item of the project will not be eligible for grant. Yours very truly, R. A. RADFORD, Regional Director, PWA_ By HENRY H. JEWELL, Regional Engineer, PWA. For the Administrator 113 Councilman Clark moved that the com- munication be received and made a mat- ter of record. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Whar- ton. Nays—None, Councilman Thompson moved that the City Council rescind their previous action in approving and ordering placed on file for public inspection for at least one week Resolution No. 41-39, a resolution awarding the contract for the installa- tion of a new pumping unit, as Contract No. 3, in the amount of $10,656.85 to A. Y. McDonald Manufacturing Com- pany of Dubuque, Iowa. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Wharton. Nays—Councilman Van Duelman. CITY OF DUBUQUE, IOWA Resolution No. 55-39 BE IT RESOLVED by the City Coun- cil, of the City of Dubuque, Iowa; WHEREAS the City of Dubuque, of the County of Dubuque, and State of Iowa pursuant to an advertisement for bids on the Installation of the proposed Pumping Unit heretofore published on the 10th and 17th day of January, 1939, did on the 26th day of January, 1939, at ten o'clock A. M. at the City Clerk's Office in the City Hall, in Dubuque, Iowa, receive bids for the installation of a pumping unit, which said bids were taken under advisement of the City Council. WHEREAS, the base bid of Climax Engineering Co., of Clinton, Iowa, for the installation of a pumping unit is the lowest and best bid submitted by any responsible bidder; on evaluation basis, and whereas a present estimate cost is: 1. Preliminary -.--_ -----$ 500.00 2. Land and Right of Way-- .00 3. Construction ----------- 151,564.70 Previous Contracts Awarded Contract No. 1 Well --- -- - .$19,977.70 Contract No. Z Reservoir - -_ 38,365.00 Contract No. 4 Building and 52,769.00 Construction _ ---- Contract No. 5 Heating and Plumbing Contract No. 6 Electrical Work 14,978.00 1,200.00 Bid Received Jan. 26, 1939: 11,275.00 Contract No. 3 Pump -- -- -- Future Contract on Estimate— as follows: Well No. 7 Deep Contract 8,000.00 Pump Nouse Contract No. 8 Pump 2,000.00 Main Contract No. 9 House. 3,000.00 from Pump - 8,500.00 4. Engineering 114 Special Session, 5. Legal and , Administration 500.00 00 6. Interest --------------- .00 7. Miscellaneous ---------- Total Estimate of Construe - tion Contracts ----- --- $161,064.70 Funds Available PWA Grant $ 67,500.00 City of Dubuque Funds Deposited -------------- 95,000.00 $162,500.00 NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, that the contract for the Installation of a New Pumping Unit, as Contract No. 3, in the amount of $11,275.00 be awarded to the Climax Engineering Co. of Clinton, Iowa; PROVIDED, however, that this .award shall not be effective until the Climax Engineering Co. shall have been notified in writing by the City Manager of such award. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity become effective from and after its final passage and adop- tion by the City Council. Approved and placed on file for one week on April 4th, 1939. Councilman Wharton moved that the resolution be approved and placed on file for public inspection for at least one week. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas —Mayor Murphy, Councilmen Clark, Thompson, Wharton. Nays ---Council- man Van Duelman. Councilman Clark moved that the com- munication of A. Y. McDonald Mfg. Co., Geo. M. Galloway, Pump Division, stating that they believe that if the bids received by the City of Dubuque, for Pumping Unit, Contract No. 3, P.W.A. Docket Iowa -1684-F, had been submit. ted to P.W.A. together with all the qual- ifying letters which became a part of the bid in a different manner, P.W.A. would have recommended the award of the pumping equipment to the A. Y. McDonald Mfg. Co. as submitting the lowest bid which complied with the es. sence of the specifications, be received and filed. Seconded by Councilman Wharton. Carried by the following vote: Yeas — Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Whar. ton. Nays—None. Councilman Wharton moved that the City Council go on record for the em. ploying of an Independent Engineering Firm to test the efficiency of the Pump. ing Unit after the same is installed and before its acceptance and payment by the City of Dubuque. Seconded by Councilman Clark. Carried by the fol. lowing vote: Yeas—Mayor Murphy, 4, 1939 Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Council Proceedings for the month of January, 1939, presented for approval. Councilman Clark moved that the Coun. cil Proceedings for the month of Janu- ary, 1939, be approved as printed. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. There being no further business Coun. cilman Van Duelman moved to adjourn. Seconded by Councilman Thompson. Carried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. J. J. SHEA, City Clerk. Approved -- Adopted- pproved__Adopted-ias./i4 1939. Councilmen: L Attest. _ __ ��= City Clerk. Special Session, April 12, 1939 115 City Council (Official) Special Session, April 12th, 1939 Council met at 5:10 P. M. Present—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Whar- ton, City Manager Rhomberg. Meeting called by order of Councilmen Wharton and Van Duelman. Mayor Murphy read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of considering for final adop- tion Resolution No. 55-39, a resolution awarding the contract for Pumping Unit at the Eagle Point Station, to the Cli- max Engineering Co., of Clinton, Iowa, and acting on any other business as may properly come before a regular meeting of the City Council. CITY OF DUBUQUE, IOWA Resolution No. 55-39 BE IT RESOLVED by the City Coun- cil, of the City of Dubuque, Iowa: WHEREAS the City of Dubuque, of the County of Dubuque, and State of Iowa pursuant to an advertisement for bids on the installation of the proposed Pumping Unit heretofore published on the 10th and 17th day of January, 1939, did on the 26th day of January, 1939, at ten o'clock A. M. at the City Clerk's Office in the City Hall, in Dubuque, Iowa, receive bids for the installation of a pumping unit, which said bids were taken under advisement of the City Council. WHEREAS, the base bidof Climax Engineering Co., of Clinton, Iowa, for the installation of a pumping unit is the lowest and best bid submitted by any responsible bidder; on evaluation basis, and whereas a present estimate cost is: 1. Preliminary ____________$ 500.00 2. Land and right of way___ .00 3. Construction 151,564.70 Previous Contracts Awarded Contract No. 1 Well -------- $19,977.70 Contract No. 2 Reservoir _ _ 38,365.00 Contract No. 4 Building and Construction _________ __ 52,769.00 Contract No. 5 Heating and Plumbing _ _ 14,978.00 Contract No. 6 Electrical Work 1,200.00 Bid Received Jan. 26, 1939: Contract No. 3 Pump _ _ 11,275.00 Future Contract on Estimate—as follows: Contract No. 7 Deep Well Pump _ _ 8,000.00 __ Contract No 8 Pump House_ _ 2,000.00 Contract No. 9 Supply Main from Pump House ------- 3,000.00 4. Engineering 8,500.00 5. Legal and Administration- 500.00 6. Interest ______________ _ .00 7. Miscellaneous .00 Total Estimate of Construc. tion Contracts ---------- $161,064.70 Funds Available PWA Grant $ 67,500.00 City of Dubuque Funds Deposited ______________ 95,000.00 $162,500.00 NOW, THEREFORE, BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, that the contract for the Installation of a New Pumping Unit, as Contract No. 3, in the amount of $11,275.00 be awarded to the Climax Engineering Co. of Clin- ton, Iowa; PROVIDED, however, that this award shall not be effective until the Climax Engineering Co. shall have been notified in writing by the City Manager of such award. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity become effective from and after its final passage and adop- tion by the City Council. Approved and placed on file for one week on April 4th, 1939. Passed and adopted this 12th day of April, 1939. GEO. R. MURPHY, Mayor. ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Wharton moved the adop- tion of the resolution. Seconded by Coun- cilman Clark. Carried by the following vote. Yeas—Mayor Murphy, Councilmen Clark, Thompson, Wharton. Nays— Councilman Van Duelman. Notice of Claim of Mrs. Rose Geske in the amount of $787.50 for personal in- juries received in a fall on an icy and defective sidewalk on Alta Vista Street near the corner of Vernon Street, pre- sented and read. Councilman Clark moved to refer the Notice of Claim to the City Solicitor for investigation and report. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas —Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Communication fthen Conti ental Casualty Company g of Compliance showing that they have qualified for the transaction of Fidelity and Surety business in the State of Iowa for the year ending March 31, 1940, pre- sented and read. Councilman Van Duel• 116 Special Session, April 12, 1939 man moved that the communication be received and filed and the Certificate of Compliance placed on file. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duel - man, Wharton. Nays—None. Petition of Farmers Supply Co., by J. J. Behr, requesting that parking regu- lations be established in the vicinity of White and Tenth Streets, presented and read. Councilman Van Duelman moved that the petition be referred to the City Council for further consideration. Sec- onded by Councilman Thompson. Car- ried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Petition of Emil Machinek, referred to the City Council by the Board of Super. visors, requesting suspension of the 1938 taxes on Lot 17 of Linehan Park Addi- tion, also the West 170 feet of Lot 321 of Davis Farm Addition, and also Lot 51 of McDaniel's Park Hill Addition, presented and read. Councilman Van Duelman moved to refer the petition to the City Solicitor for investigation and report. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Ordinance No. 10-39. An Ordinance repealing an ordinance entitled: "Ordi. nance No. 76. An ordinance to prevent pawn brokers, junk dealers and second- hand dealers from purchasing or receiv. ing from minors any property without the written consent of their parents or guardian and providing for the enforce. ment thereof", and declaring an emer. gency, said ordinance having been passed upon first and second readings on April 3rd, 1939, presented and read a third time. ORDINANCE NO. 10-39 An Ordinance repealing an ordinance entitled: "Ordinance No. 76. An ordi- nance to prevent pawn brokers, junk deal. ers and second-hand dealers from pur- chasing or receiving from minors any property without the written consent of their parents or guardian and providing for the enforcement thereof', and de. claring an emergency. BE IT BY CITY NED COUNCILO OF ITHE CITY HOF DU. BUQUE: Paragraph 773, Section An ordinance entitled: "Ordinance No. 76. An Ordinance to prevent pawn brokers, junk dealers and second-hand dealers from purchasing or receiving from minors any property without the writ. ten consent of their parents or guardian, and providing for the enforcement there- of', be, and the same is hereby repealed. Paragraph 774, Section 2 This ordinance being deemed urgent and in the need of public safety, health and convenience shall be in force and effect after its passage, adoption and ap. proval by the City Council and publica. tion as provided by law. Passed upon first and second readings this 3rd day of April, 1939. Passed, adopted and approved upon final reading this 12th day of April, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Published officially in the Telegraph - Herald newspaper April 14th, 1939. 4-14-1T J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the ordinance. Seconded by Councilman Clark. Carried by the fol- lowing vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duel - man, Wharton. Nays—None. Ordinance No. 11-39. An Ordinance amending Ordinance No. 3-38 entitled: "An Ordinance requiring pawn brokers, junk dealers and dealers in second-hand goods to give notice of the purchase or receipt of mechanics' tools and equip- ment; prohibiting the purchase by pawn brokers, junk dealers and dealers in sec- ond-hand goods of any property from minors; prescribing a penalty for viola- tion hereof; and declaring an emergen- cy", by repealing Paragraph 644, Sec- tion 2 relating to the purchase or receipt of property from minors, and enacting in substitute therefor, and declaring an emergency, said ordinance having been passed upon first and second readings on April 3rd, 1939, presented and read a third time. ORDINANCE NO. 11-39 An Ordinance amending Ordinance No. 3-38 entitled: "An Ordinance re- quiring pawn brokers, junk dealers and dealers in second-hand goods to give notice of the purchase or receipt of me- chanics' tools and equipment; prohibit- ing the purchase by pawn brokers, junk dealers and dealers in second-hand goods of any property from minors- prescrib- ing a penalty for violation hereof; and declaring an emergency," by repealing Paragraph 644. Section 2 relating to the Purchase or receipt of property from minors, and enacting in substitute there- for, and declaring an emergency. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE: Special Session, April 12, 1939 117 Paragraph 775 Section 1 That Paragraph 664, Section 2 of an ordinance entitled: "An ordinance re- quiring pawn brokers, junk dealers and dealers in second hand goods to give no- tice of the purchase or receipt of me- chanics' tools and equipment; prohibit- ing the purchase by pawnbrokers, junk dealers, and dealers in second-hand goods of any property from minors; prescribing a penalty for violation hereof- and de. claring an emergency," relating to the purchase or receipt of property from minors, be, and the same is hereby re- pealed. Paragraph 776, Section 2 That in lieu of said Paragraph 644, Section 2, hereby repealed, there be en. acted the following: "Paragraph 644, Section 2. Pawn brokers, junk dealers and second hand dealers shall not purchase or receive any property whatsoever from any minor under the age of 18 years; nor shall any pawn broker, junk dealer or second-hand dealer purchase or receive any property from any minor over the age of 18 years of age without first obtaining or receiv- ing the written consent of parents or the guardian of said minor, which said writ- ten consent shall accurately describe the property to be sold by said minor, and consent to the sale of the same, and such consent shall be retained and preserved by the purchaser thereof, and shall be exhibited when requested by any sheriff, chief of police, constable, or police offi- cer, or the parent or guardian of said minor." Paragraph 777 Section 3 This ordinance being deemed urgent and in the interest of public safety, health and convenience shall be in force and effect from and after its final pas- sage, adoption and approval by the City Council, and publication as provided by law. Passed upon first and second readings this third day of April, 1939. Passed, adopted and approved upon final reading this 12th day of April, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARLA. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Published' officially in the Telegraph, Herald newspaper April 14th, 1939. 4-14-1T J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the ordinance. Seconded by Councilman Clark. Carried by the fol- lowing vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays None. Ordinance No. 12-39. An Ordinance providing for the keeping of records of the purchase of personal property by pawn brokers, junk dealers and second- hand dealers; prohibiting the purchase by pawn brokers, junk dealers and sec- ond-hand dealers of personal property from any minors under the age of 18 years; or from any minor over the age of 18 years without the written consent of the parent or guardian of said minor; prescribing a penalty for violation there- of; defining the terms used herein; and declaring an emergency, said ordinance having been passed upon first and sec- ond readings on April 3rd, 1939, pre- sented and read a third time. ORDINANCE NO. 12-39 An Ordinance providing for the keeping of records of the purchase of personal property by pawn brokers, junk dealers and second-hand dealers; prohibiting the purchase by pawn brokers, junk dealers and second-hand dealers of personal property from any minors under the age of 18 years; or from any minor over the age of 18 years without the written con- sent of the parent or guardian of said minor; prescribing a penalty for viola- tion thereof; defining the terms used herein; and declaring an emergency. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU. BUQUE Paragraph 778, Section 1 TERMS DEFINED: The term "pawn broker" shall mean any person, firm or corporation who makes loans or advancements upon pawn, pledge or deposit of personal prop- erty, or who receives actual possession of personal property as security for a loan, or with or without a mortgage or bill of sale. The term "junk dealer" shall mean any person, firm or corporation who buys and/or sells, or collects junk, automobile parts or tires, of every kind and descrip- tion, either as his or its main business or as incidental to some other business. The term "junk" shall mean rap metals or machinery, rags, paper, bot- tles, tinware, furniture, used plumbing and electrical materials and fixtures, used automobile parts or tires, platinum, gold or silver, or anythe article owi h thing as usually bought, so or dealjunk. The term "secoperson, firm or colshall mean any P corporation who buys, sells or deals in used or sec- ond-hand goods, wares, or merchandise,furniture, including metals, machinery, plumbing or electrical materials and fix- tures. 118 Special Session, April 12, 1939 Paragraph 779, Section 2 From and after the effective date of this ordinance every pawn broker, junk dealer and second-hand dealer shall keep a record in the English language, and in a book kept for that purpose in which shall be intelligently and accurately en- tered the time of purchasing or receiving each article of personal property pur- chased or received, and the following data: (1) The name of the person from whom the article of property was pur. chased or received, and his place of resi- dence, showing street and number where possible. (2) A detailed and accurate descrip. tion of each article purchased or re- ceived; (3) A statement giving the nature of the transaction and whether the article or property was received in purchase or as security; (4) The weight or quantity of each article purchased or received-, (5) The amount paid for or loaned on each article of property purchased or received; (6) The date and hour of each trans- action and if said article of property was received as security the expiration date of the period of redemption thereof; (7) The time when and the person to whom such article of property was disposed of, if sold, or the time when, and the name of the person who redeemed the same, if said property was taken as security. Such record or book shall be open to public inspection by any sheriff, chief of police, constable, or police officer. Failure to keep such record book, or making false entries therein, or refusal to by the persons n entitled uce the st inspect the samame when requeste, shall subject the offender to the penalty here. inafter provided. Paragraph 780, Section 3 No pawn broker, junk dealer, second. hand dealer, and no clerk, agent or em. ployee of any pawn broker, junk dealer, or second-hand dealer shall purchase or receive from any minor, under the age of 18 years any junk, used or second. hand furniture, fixtures, goods, wares, or merchandise, or any property of any kind or character whatsoever; no pawn broker, junk dealer, second-hand dealer, and no clerk, agent or employee of any pawn broker, junk dealer or second-hand dealer shall purchase or receive any prop. erty of any kind or character from any whatsoever minor over the age of 18 years, without first obtaining and receiv. ing the written consent to the purchase or receipt of said property, signed and executed by the parent or guardian of said minor, which said consent shall de. scribe the property being received or pur. chased, and consent to the sale thereof by said minor, and such consent shall be retained and preserved, and shall be ex. hibited when requested to by any sheriff, chief of police, constable or police offi. cer, or the parent or guardian of said minor. Paragraph 781, Section 4 Any person, firm or corporation who violates any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction there- of, shall be fined not to exceed One Hun. dred ($100.00) Dollars, or in prison not to exceed thirty (30) days in jail. Paragraph 782, Section 5 This ordinance being deemed urgent and in the interest of public safety, good order and public convenience shall be in force and effective from and after its final passage and adoption and pub- lication as required by law. Passed upon first and second readings this 3rd day of April, 1939. Passed, adopted and approved upon final reading this 12th day of April, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Attest: J. J. SHEA, Councilmen. City Clerk. Published officially in The Telegraph - Herald newspaper April 14th, 1939. 4-14-1t J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the ordinance. Seconded by Councilman Clark. Carried by the fol- lowing vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duel - man, Wharton. Nays—None. Resolution No. 56-39 BE IT RESOLVED by the City Coun- cil of the City of Dubuque, State of Iowa, as follows: (1) That it is deemed advisable and for the best interest of said City of Du- buque, that the contract between the said City of Dubuque and Linehan & Molo, Contractor, covering the work on Docket No. Iowa 1684-F, Contract No. 5 be changed as is outlined on the attached Request for Proposal. (2) That the proposal of said Con- tractor covering the change is hereby approved and accepted. (3) That the contract price will be decreased in the sum of Eighty dollars and fifty-four cents ($80.54). Special Session, April 12, 1939 119 (4) That such acceptance of the Contractor's proposal shall become effec. tive only when a certified copy of this resolution is sent to the Contractor by the Engineer of said City of Dubuque, Iowa. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity become effective from and after its final passage and adoption by the City Council. Passed, adopted and approved this 12th day of April, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Clark moved the adop- tion of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas Mayor Murphy, Councilmen Clark, Thompson, Van Duel - man, Wharton. Nays—None. Resolution No. 57-39 BE IT RESOLVED by the City Coun- cil of the City of Dubuque, State of Iowa. as follows: (1) That it is deemed advisable and for the best interest of said City of Du- buque, that the contract between the said City of Dubuque and Anton Zwack, Inc., Contractor, covering the work on Docket No. Iowa 1684-F, Contract No. 4 be changed as is outlined on the at- tached Request for Proposal. (2) That the proposal of said Con- tractor covering the change is hereby approved and accepted. (3) That the contract price will be increased in the sum of One Thousand Two Hundred Fifteen Dollars and Six- teen Cents ($1,215.16). (4) That such acceptance of the Contractor's proposal shall become ef- fective only when a certified copy of this resolution is sent to the Contractor by the Engineer of said City of Dubuque, Iowa. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity become effective from and after its final passage and adoption by the City Council. Passed, adopted and approved this 12th day of April, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Wharton moved the adop- tion of the resolution. Seconded by Councilman Thompson. Carried by the following vote. Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duel. man, Wharton. Nays—None. Resolution No. 58-39 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE: That it is deemed advisable to sell Lot Sixteen (16) of Littleton and Saw. yer's Addition to the City of Dubuque, Iowa, to Carl A. E. Dieterich of Du- buque, Iowa, for the sum of Twenty-five ($25.00) Dollars, and to execute a Quit Claim Deed of such premises to said grantee, and deliver the same to him upon payment of said purchase price. BE IT FURTHER RESOLVED that the Mayor and City Clerk of said City be, and they are, hereby authorized and directed to execute said deed on behalf of the City of Dubuque, and to affix thereto the official seal of the City of Dubuque. Passed, adopted and approved this 12th day of April, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Clark. Carried by the fol- lowing vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duel - man, Wharton. Nays—None. Resolution No. 59-39 BE IT RESOLVED by the City Coun- cil of the City of Dubuque that the fol- lowing, having complied with the provi- sions of law relating to the sale of cig- aretres within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City: Names Address Mrs. Agnes Grady, Eleanor Anderson and Ann Haley (Euqubud Cafe) 623 Main Street BE IT FURTHER RESOLVED that the bond filed with the application be approved. 120 1 Session, April 12, 19 3 9 Passed, adopted and approved this 12th day of April, 1939. GEO, R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Clark. Carried by the fol- lowing vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duel - man, Wharton. Nays—None. Resolution No. 60-39 WHEREAS, applications for Class "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 follow. ing 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 Name Address F. A. Nelson -------431 Rhomberg Ave. H. A. Vandercook, Jr., and Jos. M. Zehentner__1944 Central Ave. Passed, adopted and approved this 12th day of April, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, ` CARL A. CLARK, F. W. THOMPSON, Attest: J. J. SHEA, Councilmen. City Clerk. Councilman Duelman at adoptionof he esolution.Se Seconded by Councilman Clark. Carried by the fol- lowing vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duel - man, Wharton. Nays—None. Resolution No. 61-39 WHEREAS, heretofore applications were filed by the within named applicants for Class "B" Beer Permits and they re- ceived the approval of this Council; and WHEREAS, the premises to be occu. pied by them have been inspected 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 following named persons a Beer Per- mit. Class "B" Permit Name Address F. A. Nelson_______ 431 Rhomberg Ave. H. A. Vandercook, Jr., and Jos. M. Zehentner__1944 Central Ave. BE IT FURTHER RESOLVED that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 12th day of April, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Clark moved the adop- tion of the resolution. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Mur- phy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Ordinance No. 13-39. An Ordi- nance granting to the Fischer Artificial Ice and Cold Storage Company, its suc- cessors and assigns, the right to con- struct, maintain and operate an industry track over, along and across certain streets and alleys in Booth's Addition to the City of Dubuque, Iowa, and de- claring an emergency, presented and read. Councilman Van Duelman moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duel - man, Wharton. Nays—None. Council- man Van Duelman moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duel - man, Wharton. Nays—None. The ordi- nance was then read a second time. Councilman Van Duelman moved that the reading just had be considered the second reading of the ordinance. Sec- onded by Councilman Clark. Carried by the following vote: Yeas—Mayor Mur- phy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays None. April 12, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I herewith submit the reports of the City Auditor, City Treasurer, and City Water Department for the month of March, 1939, the annual report of the City Treasurer for the fiscal year begin- ning April 1st, 1938, and ending March 31st, 1939, also a list of claims and list Special Session, April 12, 1939 121 of payrolls for which warrants were drawn during the month of March, 1939. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Van Duelman moved that thereports be received and placed on file. Seconded by Councilman Clark. Car- ried by the following vote: Yeas—Mayor Murt)hy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. April 12, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Mr. John Wieser and Mrs. Charlotte S. Shambaugh, the owners respectively of Lot 2 of 12 and of Lot 2 of 2 of the Sub of Lots 19, 20 and 21 of Stewart's Sub. have petitioned for the vacation of the alley between their lots and have offered $50.00 for the land if vacated. On March 7, 1938, I addressed a letter to the council on the same matter sug- gesting that the site be visited. The council viewed the grounds and decided to vacate that portion of the alley if the offer of $50.00 was forthcoming. On June 6, 1938, the petition of John Wie- ser et al, not including any offer for the land, was referred to the Council. Interest in the matter then ceased for a time and has now revived. I recom- mend that the matter be referred to the Planning and Zoning Commission for their recommendation and report. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Clark moved that the rec. ommendation of City Manager Rhom- berg be approved. Seconded by Council- man Thompson. Carried by the follow- ing vote: Yeas—Mayor Murphy, Coun• cilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. April 12, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the session of the council held April 3, 1939, the petition of F. D. Brown et at requesting the erection of a street light at the west end of Hayden's Land was referred to the City Manager for investigation and report. I have examined the records of the County Recorder's office and find that Hayden's Land is not a public thorough- fare, but is privately owned. The original seeds of McCann to Hayden and from Hayden to McCann convey the recipro. :al rights of access and use of this 18 - Foot strip of land to the owners and oc- -upants of City Lots 609 and 609A. I, ^herefore, recommend that the petition be denied as it is out of the jurisdiction of the city to light private property. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Van Duelman moved that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duel. man, Wharton. Nays—None. There being no further business Coun- cilman Wharton moved to adjourn. Sec- onded by Councilman Clark. Carried by the following vote: Yeas—Mayor Mur- phy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. J. J. SHEA, City Clerk. Approved_ WA 1_ & a;a,.1939. Adopted_.. Councibav Attest: _ • - - oCity Clerk. 122 Regular Session, May 1, 1939 City Council (Official) Regular Session, May 1st, 1939 Council met at 8:15 P. M. Present—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Var. ton, City Manager Rhomberg. Mayor Murphy 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. Councilman Wharton moved that the rules be suepended for the purpose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Whar. ton. Nays—None. Messrs. Howard Bate- son and Henry Bitters addressed the Council requesting that a resolution be passed by the City Council directing the Mayor to issue a proclamation notifying the youth of the City of Dubuque, be- tween the school age of the Ninth Grade and the age of 19 years, of a special election to be held on Wednesday, May 10th, for the purpose of electing 12 rep- resentatives to attend a training school known as "Boys' State" to be conducted under the auspices and supervision of the Iowa Department of the American Legion at Camp Dodge, Des Moines, Iowa, from the 3rd day to the 10th day of June, 1939. Resolution No. 62-39 WHEREAS, it has come to the atten- tion of the City Council of the City of Dubuque that the Iowa Department of the American Legion in an effort to bring to the youth of the State of Iowa a knowledge of the fundamental principles of American Government, to the actual practice and control of City, County and State offices, elective or appointive, for a period of training given each year under the auspices of the American Legion through what is known as "Boys' State", which is to be held from the 3rd to the 10th day of June in the year 1939, at which time the attendance at said train. ing school receive a course of intensive instruction in the principles of govern- ment by practical demonstration; and, WHEREAS, this Council understands that 600 of the youth of the State of Iowa, between the ages of 16 and 19 are given this intensive training each year under the guidance of the American Legion; and, WHEREAS, this Council further un- derstands that the quota from our com- munity to be chosen for this training are to be selected by popular vote of the 123 Youths of our community from the Ninth Grade school age to the age of nineteen (19) years, in an election to be held in strict accordance with the general elec. tion laws of the State of Iowa, and City of Dubuque, including the use of voting machines, which said election is to be held upon the 10th day of May, 1939; and, WHEREAS, the City Council of the City MEAS, in recognition of the spirit of true Americanism displayed by the Legion in the carrying out of this program desires to cooperate in every way possible in the success of such a pro. gram engendered and carried on for the benefit of the youth of today who will be the citizens of tomorrow. NOW. THEREFORE, BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: That, the Mayor of the City of Du- buque, be, and he is hereby directed to issue a proclamation notifying the youth of the City of Dubuque, between the school age of the Ninth Grade and the age of 19 years, of a special election to be held in the City of Dubuque, on Wednesday, May 10th, between the hours of 10 o'clock A. M. and 6 o'clock P. M., at which time there will be elected from the eligible youth electorate of said City of Dubuque, twelve (12) representatives from the City of Dubuque to attend a training school, known as "Boys' State" to be conducted under the auspices and supervision of the Iowa Department of the American Legion at Camp Dodge, Des Moines, Iowa, from the 3rd day to the 10th day of June, 1939. Passed, adopted and approved this Ist day of May, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Councilman Clark moved the adoption of the resolution. Seconded by Council- man Wharton. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Whar- ton. Nays—None. Petition of Mrs. Mary Faldorf object- ing to the proposed vacation of Lot 34 in Grandview Heights Addition, original- ly dedicated to the City of Dubuque for street purposes, presented and read. Miss Faldorthe appeal f that said addressed Council treet benotmaking vacated.an d.. Koen addressed the Attorney Walter Ko Council relative to the objections filed by Mrs. Mary Faldorf and requestedthat action be deferred on the proposed en able ttougive such the mattertime as e has somes study and 124 Regular Session, May 1, 1939 Claim of H. J. Hazewinkel in the amount of $8.00 for damages to his automobile and loss of time caused in striking a hole in Bryant Street at the intersection of Rush Street, presented and read. Councilman Clark moved to refer the Claim to the City Solicitor for in. vestigation and report. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Deulman, Wharton. Nays—None. consideration. Attorney Marshall Thomas addressed the Council requesting that pe- tition of Messrs. Brown and Jones re- questing the vacation of Lot 34 in Grand- view Heights Addition be granted. Coun- cilman Van Duelman moved that the matter of the proposed vacation of Lot 34 in Grandview Heights Addition, together with the objections filed by Mrs. Mary Faldorf be referred to the Council for the purpose of considering the same at a joint meeting with the Planning and Zoning Commission. Seconded by Coun- cilman Wharton. Carried by the follow- ing vote: Yeas—Mayor Murphy, Coun- cilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Attorney Frank Gilloon addressed the Council requesting that the Perfection Oil Comvany be granted permission to erect curb pumps between the property line and the curbing at their property located at the intersection of Rhomberg and Lincoln Avenues. Councilman Clark moved that the verbal request be referred to the City Council to view the grounds. Seconded by Councilman Thompson. Carried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Claim of Dolores Rahloff in the amount of $700.00 for personal injuries sustained in a fall on an icy sidewalk on the south side of Fifteenth Street be- tween Elm Street and PineStreet at or about the driveway into the Deckert Coal Yards, presented and read. Councilman Clark moved to refer the claim to the City Solicitor for investigation and re- port. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas — Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Whar- ton. Nays—None. Claim of Jos. E. Maher in the amount of $78.00 for personal injuries received in a fall on an icy sidewalk at 1421 Mt. Pleasant Avenue, presented and read. Councilman Clark moved to refer the Claim to the City Solicitor for investiga• tion and report. Seconded by Council. man Thompson. Carried by the follow. ing vote: Yeas—Mayor Murphy, Coun. cilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Claim of Daniel Haas, by hiq next friend Dorothy Haas, in the amount of $99.00 for personal injuries received and damages to his bicycle caused in strik- ing a hole in West Locust Street about one block easterly of the intersection of West Locust Street and Seminary Street, presented and read. Councilman Clark moved to refer the Claim to the City Solicitor for investigation and report. Seconded by Councilman Thompson. Carried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Claim of Catherine Roche in the amount of $300.00 for personal injuries received in falling on a defective side. walk on the North side of West Seventh Street at a point opposite the entrance of the Elks Club, presented and read. Councilman Clark moved to refer the Claim to the City Solicitor for investi. gation and report. Seconded by Coun- cilman Van Duelman. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duel - man, Wharton. Nays—None. License granted by the Chicago, Mil- waukee, St. Paul and Pacific Railroad Company to the City of Dubuque, Iowa, for permission to install and maintain a sewer underneath the right of way and tracks of the Railroad Company in the Southeast quarter of the Southeast quar- ter of Section Seven, Township Eighty- nine, North, Range Three East, Du- buque County, Iowa, in said City of Du- buque, presented and read. Councilman Thompson moved to refer the License to the City Solicitor for investigation and report. Seconded by Councilman Clark. Carried by the following vote: Yeas— Mayor Murphy, Councilman Clark, Thompson, Van Duelman, Wharton. Nays—None. Communication of Harry M. Hag- gerty, driver of the City Ambulance, re- questing that his name be placed on the Fire Department pay roll in order that he may be entitled to the full benefits of Pension under the Firemen's Retirement System, presented and read. Councilman Clark moved to refer the communication to the City Solicitor for investigation and report. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas — Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Whar- ton. Nays—None. Communication of Edward Farrell, driver of the City Ambulance, requesting that his name be placed on the Fire De- partment pay roll in order that he may be entitled to the full benefits of pension under the Firemen's Retirement System, Presented and read. Councilman Clark moved to refer the communication to the City Solicitor for investigation and report. Seconded by Councilman Thomp- son. Carried by the following note: Yeas —Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Regular Session, N1,1 y _1,_ 1939 127 Communication of A. J. Strohmeyer, Assistant Superintendent of the Fire Alarm System, and Jos. F. Correll, Su. perintendent of the Fire Alarm System, requesting that their names be placed on the Fire Department pay roll in order that they may be entitled to the full bene- fits of pension under the Firemen's Re- tirement System, presented and read. Councilman Clark moved to refer the communication to the City Solicitor for investigation and report. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duel - man, Wharton. Nays—None. Petition of Dubuque Trades and La.. bor Congress requesting permission for the holding of a carnival on City owned property on East Fourth Street adjoining the Ball Park during the week of June 5th and that the license fee and rental fee be waived, presented and read. Coun- cilman Clark moved that the request be granted and that both the license fee and rental fee be waived. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duel - man, Wharton. Nays—None. Petition of Clem J. Smith requesting permission to redeem the tax sale cer. tificate on Lot 14 in Yates Subdivision, upon the payment of the principal, less penalties and interest, presented and read. Councilman Clark moved to refer the petition to the City Manager for investi- gation and report. Seconded by Coun- cilman Thompson. Carried by the fol- lowing vote: Yeas Mayor Murphy, Councilmen Clark, Thompson, Van Duel. man, Wharton. Nays—None. Petition of Carl L. Grabow, Chairman of Parade Committee of the Boys State Committee of the American Legion, re- questing permission for the holding of a street parade on the evening of May 9th, and extending an invitation to the City Council and City Manager to participate in said parade, presented and read. Coun- cilman Van Duelman moved that the request be granted. Seconded by Coun- cilman Clark. Carried by the following vote: Yeas Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Whar- ton. Nays—None. Petition of G. H. Holscher requesting that Henderson Street from the intersec- tion of Bradley Street, West, to the Coun- try Club, be opened, presented and read. Councilman Wharton moved to refer the petition to the City Council to view the grounds. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas — Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Whar. ton. Nays—None. Communication of Kretschmer Insur ance Agency relative to the proposec City Play Ground adjacent to Maize wood Insulation Company, presented and read. Councilman Clark moved that the City Manager be instructed to confer with the Officials of the Maizewood In- sulation Company as to the extension of the present baseball diamond, north, for a distance of 164 feet. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Council Proceedings for the month of February, 1939, presented for approval. Councilman Clark moved that the Coun. cil Proceedings for the month of Febru- ary, 1939, be approved as printed. Sec- onded by Councilman Van Duelman. Carried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Ordinance No. 13.39. An Ordinance granting to the Fischer Artificial Ice and Cold Storage Company, its successors and assigns, the right to construct, maintain and operate an industry track over, along and across certain streets and alleys in Booth's Addition to the City of Dubuque, Iowa, and declaring an emergency, said ordinance having been passed upon first and second readings on April 12th, 1939, presented and read a third time. ORDINANCE NO. 13-39 An Ordinance granting to the Fischer Artificial Ice and Cold Storage Company, its successors and assigns, the right to construct, maintain and operate an in- dustry track over, along and across cer- tion to the City of Dubuque, Iowa, and tain streets and alleys in Booth's Addi- declaring an emergency. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU. BUQUE: Paragraph 783, Section 1. That there be and there is hereby granted to the Fischer Artificial Ice and Cold Storage Company of Dubuque, Iowa, its successors and assigns, the right and authority to construct, maintain and operate an industry track over, along and across certain streets and alleys in Booth's Addition to the City of Dubuque, Iowa, said tract to intersect and connect with an existingrailroad track in the alley be- tween East Third Street and East Fourth Street in Block F of Booth's Addition, and at a point in said alley opposite the center of lots 19 and 24 in said Block F, and extending in a Southeasterly di- rection along and upon said alley and across Bell Street, and through Lots 1, 2, 3, 4, 5, 6, 7, 8 and 9 of Block K of said addition, and thence in the same direction across EastFourth ur hl9 trt and oe Block across Lots 16, l 126 Regular Session, May 1, 1939 J of said addition, and thence across the alley in said Block J between East Fourth and East Fifth Street and over, alon¢ and upon the alley between Blocks I and J and N and O of said Booth's Addition to a point opposite the center of Lot 4 of Block O of said addition, as indicated by a red line drawn upon a plat hereto attached and made a part hereof,said track to be used to serve the ice and cold storage plant of said Fischer Artificial Ice and Cold Storage Company located on Blocks N and O of said Booths' Addition. Paragraph 784, Section 2 Said track shall conform to the grade of said alleys and streets over which it passes, as now or as hereafter established, and, shall be so constructed and forever maintained that the free passage for ve. hicles across said alleys and streets at all points shall not be interfered with, and the right to impose additional conditions and requirements upon the use of said track or its maintenance whenever reason- able circumstances arise to require the same, is reserved to the City Council of the City of Dubuque. Paragraph 785, Section 3 That the cost of publication of this ordinance enacted for the benefit of the said Fischer Artificial Ice and Cold Stor. age Company shall be borne by said Fischer Artificial Ice and Cold Storage Company of Dubuque, Iowa. Paragraph 786, Section 4 This ordinance being deemed urgent and of immediate necessity, shall become effective upon its passage, adoption and approval by the City Council and pub. lication as provided by law, and all rights hereunder shall accrue to the said Fischer Artificial Ice and Cold Storage Company, its successors and assigns, when the provisions hereof shall have been accepted by said company. Passed upon first and second readings this 12th day of April, 1939. Passed, adopted and approved upon final reading this 1st day of May, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk Acceptance of Ordinance The Fischer Artificial Ice and Cold Storage Company, does hereby accept the provisions and conditions of the ordinance adopted by the City Council of the City of Dubuque, Iowa, designated as: "Ordinance No. 13-39. An ordinance granting to the Fischer Artificial Ice and Cold Storage Company, its successors and assigns, the right to construct, maintain and operate an industry track over, along and across certain streets and alleys in Booth's Addition to the City of Dubuque, Iowa, and declaring an emergency." this 2nd day of May, 1939. THE FISCHER ARTIFICIAL ICE AND COLD STORAGE COMPANY, By ELDON F. FISCHER. Published officially in the Telegraph - Herald newspaper the 3rd day of May, 1939. 5-3-1t J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the ordinance. Seconded by Councilman Clark. Carried by the fol- lowing vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duel - man, Wharton. Nays—None. Proof of publication, certified to by the publishers, of the statement of re- ceipts and also a list of claims for which warrants were drawn during the month of March, 1939, presented and read. Councilman Thompson moved that the proof of publication be received and filed. Seconded by Councilman Clark. Carried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Report of the Board of Health for the month of March, 1939, presented. Coun- cilman Van Duelman moved that the report of the Board of Health for the month of March, 1939, be received and placed on file. Seconded by Councilman Thompson. Carried by the following vote: Yeas — Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Whar- ton. Nays—None. May 1, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the council meeting of March 3, 1939, the petition of Wm. Dalbkermeyer et al requesting the installation of a street light at the intersection of 27th and White Streets was referred to the City Manager for investigation and report. I have investigated and find that be- ginning at 26th and White Streets, the street lights are located in the middle of the blocks on White Street up to 32nd Street. These lights are so placed because the distance from Central Avenue across White Street to Jackson Street is 380 feet, while the length of the blocks of L Regular Session, May 1, 1939 White Street are 600 feet each. It seems to me that the present lights are spaced to good advantage and that no change should be made. I, therefore, recommend that the petition be denied. Respectfully submitted, A. A. RHOMBERG, City Manager Councilman Van Duelman moved that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Clark. Carried by the fol. lowing vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duel - man, Wharton. Nays—None. May 1, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the council meeting of April 3, 1939, the petition of John B. Wersinger requesting a free license to peddle fruit and vegetables was referred to the City Manager for a report. I find that Mr. Wersinger was granted free licenses in the past, the last one being in 1937, during which year he did not avail himself of the privilege having obtained other employment. His plea for a free license is based upon the fact that he is unemployed. It appears that there are enough fee paying fruit and vegetable peddlers in the city at present. The granting of free licenses, excpt to handicapped persons, can only increase competition and I, therefore, recommend that no free license be granted Mr. Wer - singer. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Van Duelman moved that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Clark. Carried by the fol- lowing vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duel - man, Wharton. Nays None. Resolution No. 63-39 127 Class "B" Permit Frank Reis ------------ 553 Eighth Ave. Harry N. Gantert_1301 Rhomberge Ave. Martin Meyer and Vernon Meyer _530 East 22nd St. Dell Warren and Ralph Warren ________1700 Central Ave. P. J Ferring --------- 678 Central Ave. Arthur J. Spahn_____428 W. Locust St. Class °B" Permit for Private Club Dubuque Golf Club ______________End of Randall Place Dubuque Metal Trades Council Club --------------- 290 West 4th St. WHEREAS, applications for Beer Per- mits 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 prem- ises to be occupied by such applicants shall be forthwith inspected. Class "C" Permit Ethel Mae Barrett_____ 2401 Jackson St. Jacob Schwietering-------- 898 Main St. Chas. H. Savary ---- 892 Cleveland Ave. F. W. Thompson --------- 55 Locust St. Jos. J. Sullivan ------- 800 West 5th St. Passed, adopted and approved this 1st day of May, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Clark moved the adop- tion of the resolution. Seconded by Councilman Van Duelman. Carried by the following vote. Yeas—Mayor Mur- phy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 64-39 WHEREAS, heretofore applications were filed by the within named applicants for Beer Permits and they received the approval of this Council; and WHEREAS, the premises to be occu- pied by them comply been he ettnspected and ordinances of found to comply wit 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 following named persons a Beer Per- mit. Class "B" Permit Frank Reis __ -- - 553 Eighth Ave. Harry N. Gantert 1301 Rhomberg Ave. Martin Meyer and Ver n Meyer 590 East 22nd St. Dell Warren and Ralph arren 00 Central Ave. P. J. Ferring_ 678 Central Ave. 428 W. Locust St. Arthur J. Spahn Class "B" Permit for Private Club Dubuque Golf Club End of Randall Place Dubuque Metal Trades C u West 4th St Club 128 Regular Session, May 1, 1939 Class "C" Permit Ethel Mae Barrett- ____2401 Jackson St. Jacob Schwietering.------- 898 Main St. Chas. H. Savary -----892 Cleveland Ave. F. W. Thompson --------- 55 Locust St. Jos. J. Sullivan - _ - 800 West 5th St. BE IT FURTHER RESOLVED that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 1st day of May, 1939. GEO. R. MURPHY, Mayor FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Clark. Carried by the fol- lowing vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duel. man, Wharton. Nays—None. May 1, 1939. Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the request of the Kretschmer-Tred- way Company I submit herewith an ordi- nance amending Ordinance No. 9-39, granting said company the right to con- struct and maintain an unloading plat- form and canopy over the same on Wash. ington Street. It appears that in the previous request for an ordinance granting such authority, a mistake was made in the heighth of the canopy from the ground, and the en. closed ordinance remedies that matter. It is understood that the cost of pub- lication of this amending ordinance is to be paid by the petitioner. I respectfully recommend the passage of the ordinance. Respectfully submitted, AL J. NELSON, City Solicitor. Councilman Van Duelman moved that the recommendation of City Solicitor Nelson be approved. Seconded by Coun. cilman Wharton. Carried by the follow. ing vote: Yeas—Mayor Murphy, Coun- cilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Ordinance No. 14-39An Ordinance amending an Ordinance entitled: "Ordi- nance No. 9-39. An Ordinance granting to the Kretschmer-Tredway Company, its successors and assigns, the right to con. struct and maintain an unloading plat. form and canopy over the same, in Wash. ington Street, abutting City Lots 418 and Iowa;19n the town (now city) of Dubuque, prescribing the conditions of such permit", by amending Paragraph 769 Section 1 of said ordinance, pre. sented and read. Councilman Van Duel. man moved that the reading just had be considered the first reading of the ordi. nance. Seconded by Councilman Whar. ton. Carried by the following vote: Yeas —Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Councilman Van Duelman moved that the rules be suspended re- quiring an ordinance to be read on three separate days. Seconded by Councilman Wharton. Carried by the following vote: Yeas — Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Whar. ton. Nays—None. The ordinance was then read a second time. Councilman Van Duelman moved that the reading just had be considered the second read. ing of the ordinance. Seconded by Councilman Wharton. Carried by the following vote! Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duel - man, Wharton. Nays—None. May 1, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the request of the City Engineer and Manager, I submit herewith an Or- dinance repealing Ordinance No. G-421, and enacting a substitute in lieu thereof, establishing a new grade on Cox Street from the North property line of West Fourteenth Street to the South curb line of West Seventeenth Street, with the rec- ommendation that the same be adopted. Respectfully submitted, AL. J. NELSON, City Solicitor. Councilman Van Duelman moved that the recommendation of City Solicitor Nelson be approved. Seconded by Coun- cilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Whar- ton. Nays—None. Ordinance No. 15-39. An Ordinance repealing Ordinance No. G-421 entitled: "An Ordinance establishing a grade on Cox Street from the North property line of West Fourteenth Street to the South curb line of West Seventeenth Street", and enacting a substitute in lieu thereof, presented and read. Councilman Van Duelman moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Wharton. Carried by the following vote: Yeas — Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Whar- ton. Nays—None. Councilman Van Duelman moved that the rules be sus- pended requiring an ordinance to be read on three separate days. Seconded by Councilman Clark. Carried by the fol- lowing vote: Yeas—Mayor Murphy, Regular Session, May 1, 1939 Councilmen Clark, Thompson, Van Duel - man, Wharton. Nays—None. The ordi. nance was then read a second time. Coun- cilman Van Duelman moved that the reading just had be considered the sec- ond reading of the ordinance. Seconded by Councilman Wharton. Carried by the following vote: Yeas Mayor Murphy, Councilmen Clark, Thompson, Van Duel. man, Wharton. Nays—None. April 24, 1939 Honorable Mayor and City Council, Dubuque, Iowa. RE: CLAIM OF E. T. McKENNA Gentlemen: On January 31, 1939, there was re- ferred to me for investigation and report, claim of the above named E. T. Mc- Kenna, filed January 24, 1939, in the sum of $530.00, for personal injuries sus. tained by him on January 3, 1939, in a fall upon the sidewalk on the Westerly side of Fremont Avenue at or near the intersection of Fremont Avenue with Simpson Avenue, said fall alleged to have been caused by the defective condi- tion of the sidewalk at said time and place, and by reason of which fall said claimant sustained an injury to his right hand, wrist and arm as the result of which he required an X -Ray and medical treatment, and suffered loss of time. I beg to advise that I have completed investigation of this claim and find that at the time and place of this accident the sidewalk where the accident occurred was adjacent to a tree, one root of which has grown and raised a slab of the side- walk almost four inches above the adja- cent slab and that the claimant sustained his injury by reason of tripping over this raised sidewalk and falling upon the sidewalk at this place. I find that the condition of this sidewalk constituted what might be termed a culpable defect. and might properly be made the basis of a suit on account of damages sustained by said claimant. I find further that claimant sustained medical and other expenses in this mat- ter to the extent of $25.00 to $30.00 and suffered loss of time for a number of weeks. I have effected compromise and settle- ment of the claim in the sum of $65.00 and respectfully recommend that upon the execution of the receipt and release by the claimant, a warrant be issued in the sum of $65.00 to Fabian Beckett for claimant E. T. McKenna. T am returninn the claim herewith. 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 $65.00 be ordered drawn in favor of Fabian Beckett for the 129 claimant E. T. McKenna, as settlement in full of the personal injury claim of said E. T. McKenna caused in falling on a defective sidewalk on the westerly side of Fremont Avenue at or near the intersec. tion of Fremont Avenue with Simpson Avenue, said warrant to be delivered up- on the execution of a receipt and release by the claimant E. T. McKenna. Sec. onded by Councilman Clark. Carried by the following vote: Yeas—Mayor Mur. phy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. April 26, 1939. Honorable Mayor and City Council, Dubuque, Iowa. RE: CLAIM OF MRS. RUTH (J. V.) ROSCHITSCH Gentlemen: There has been referred to me for in- vestigation and report by your honorable body, the claim of the above named Mrs. Ruth (J. V.) Roschitsch, filed November 15, 1938, in the sum of $500.00 for per- sonal injuries sustained by her on Octo- ber 14, 1938, in a fall upon a sidewalk on the Northerly side of Kaufman Ave- nue,in front of 454 Kaufman Avenue, in the City of Dubuque, said fall alleged to have been caused by the defective con- dition of the sidewalk at said place, and by reason of which fall said claimant sustained a compound fracture of her left ankle and leg, and other injuries, all alleged to have been due to the negligence of the city. I beg to advise that I have completed investigation of this claim and find that this accident did occur as alleged in said claim in a fall upon a sidewalk at the place alleged, and that claimant did sus- tain serious compound fracture of her left ankle and leg and other injuries ne- cessitating X -Ray examinations, medical services, hospital treatment and other ex- penses. Investigation further disclosed that at the place of this accident the sidewalk is more than two feet above the level of the street, and that the owner of the property in front of which the accident happened, had installed a driveway from the street in and upon his lot to a garage, and that where this driveways r crossed ,he sidewalk, the driveway sa ilt lower thn the sidewalk and caused a a con�iderahle depre,sion, and that the sidewalk was net properly sloped to ,he driveway in a smooth and ev^n manner, but that holes were left on in the either side of theplain walk, and that tiffewaystepped �nto one of these holes and fell sustaining a com- pound fracture of her left ankle and leg and other injuries. The condition of this walk at the place in question was such mightthat it bla ect and oneforwhc sc h thecittybis re* f sponsible. 130 Regular Session, May 1, 1939 Special Charter City Form to the Man. ager Form. Changes are necessary in nearly all of these ordinances to conform to our present system of government, and at the present time I am herewith submitting six ordinances either repeal. ing or amending ordinances contained in the revision of 1919, as follows: 1.—Ordinance amending Ordinance No. 9, by striking therefrom the word "recorder" and inserting the word "city clerk. This is necessary because under our present form of government we have no, city recorder. 2.—An Ordinance amending Ordi. nance No. 82, by striking therefrom the word "recorder" and inserting "city clerk", made necessary for the same rea. son as the previous ordinance. 3.—An Ordinance amending Ordi- nance No. 80, prescribing the fiscal year by changing the date thereof from March to April, necessitated by reason of the fact that the statute relating to City Manager Cities prescribes that the fiscal year begins April 1st. 4.—An Ordinance amending Ordi- nance No. 81, relating to the execution of contracts by the city by striking the word "recorder" from said ordinances, and inserting in lieu thereof the word "City Clerk", necessary for the reason that under our present form of city govern- ment, we have no city recorder and all duties are performed by the city clerk. 5.—An Ordinance amending Ordi- nance No. 79, relating to the city seal by striking from the ordinance the word "recorder" and inserting in lieu thereof the word "city clerk" for the same reason as the preceding ordinance. 6.—An ordinance repealing Paragraph 638, Section 3, of Ordinance No. 83, which paragraph provides for the pur- chase of personal property by others than the City Manager, necessitated by reason of the fact that the City Manager under the law, is purchasing agent for the city under our present form of gov- ernment. It will be necessary that a number of other ordinances in force since prior to the revision in 1919 be revised or amend- ed and made applicable to our present form of government, and this will be done as soon as conferences can be held with the persons in charge of the differ- ent Departments of the City Government, which are effected by those particular ordinances, and the ordinances in ques- tion brought down to date and made to conform to our present form of govern- ment, and the provisions of our present statutes. I would respectfully recommend that the ordinances submitted herewith be adopted by your honorable body. Investigation further discloses that as the result of her injuries, claimant had to have X -Ray pictures taken of her leg and ankle and was put to the expense of considerable medical and hospital treat- ment, and that she was unable to per- form her household duties for approxi- mately fourteen (14) weeks and had to employ someone to do her household work. In view of all of the evidence secured as result of the investigation, I am of the opinion that actionable negligence might be proven and sustained in this case, and for that reason I have effected a com- promise and settlement of the claim for the sum of $225.00 and respectfully rec- ommend settlement of the claim on that basis. I further find that on February 6, 1939, St. Joseph's Mercy Hospital filed with the Clerk of the District Court of Dubuque County, notice of hospital lien and statement of the same which notice was referred by your honorable body to me for investigation and report. Investi- gation discloses that the original amount of this claim and lien was in the sum of $28.00 upon which claimant has made payment since the time of filing of the same. I herewith respectfully recommend that upon the execution of the receipt and release by the claimant, a warrant in the sum of $225.00 be issued to Mrs. Ruth (J. V.) Roschitsch, and St. Joseph's Mercy Hospital. I am returning claim and lien here- with. 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 $225.00 be ordered drawn in favor of Mrs. Ruth (J. V,) Roschitsch and St. Joseph's Mercy Hos- pital as settlement of the personal in- jury claim of Mrs. Ruth (J. V.) Rosch- itsch caused in falling on a defective sidewalk in front of 454 Kaufmann Ave- nue. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas —Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. May 1, 1939. Honorable Mayor and City Council, Dubque, Iowa. Gentlemen: In the progress of the work of revising the City Ordinances which is being done as a WPA project under my supervision, it has been ascertained that there are a considerable number of ordinances which are included in the revision of 1919 and which are still in force and were not re- pealed or amended after the form of the City Government was changed from the Respectfully submitted, AL J. NELSON, City Solicitor. Regular Session, Nlay 1, 1939 Councilman Van Duelman moved that the recommendation of City Solicitor Nelson be approved. Seconded by'Coun- cilman Wharton. Carried by the follow- ing vote: Yeas—Mayor Murphy, Coun- cilmen CIark, Thompson, Van Duelman, Wharton. Nays—None. Ordinance No. 16-39. An Ordinance amending an ordinance entitled: "Ordi- nance No. 9. An Ordinance defining the duties and powers of the recorder", by striking from the title of said ordinance the word "recorder", and inserting in lieu thereof "city clerk"; and by striking from line 4 of Paragraph 43, Section 5 of said ordinance, the word "recorder", and inserting in lieu thereof the words "city clerk", presented and read. Coun- cilman Van Duelman moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duel - man, Wharton. Nays—None. Council- man Van Duelman moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duel - man, Wharton. Nays None. The ordi- nance was then read a second time. Coun- cilman Van Duelman moved that the reading just had be considered the sec- ond reading of the ordinance. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duel - man, Wharton. Nays None. Ordinance No. 17-39. An Ordinance amending an Ordinance entitled: "Ordi- nance No. 82. An Ordinance prescribing the manner of keeping the official record of the proceedings of the Council and providing for the publication of the same", by striking from Paragraph 632, Section 1; Paragraph 633, Section 2; Paragraph 634, Section 3; Paragraph 635, Section 4, the word "recorder" wher- ever the same may appear in said para- graphs and sections, and inserting in lieu thereof the words "city clerk", presented and read. Councilman Van Duelman moved that the reading just had be con, sidered the first reading of the ordinance. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Councilman Van Duelman moved that the rules be suspended requiring an ordi- nance to be read on three separate days. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. The ordinance was then read a second time. Councilman Van Duelman moved that the reading just had be considered the second reading of the ordinance. Sec - 131 onded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Ordinance No. 18.39. An Ordinance amending an Ordinance entitled: "Or- dinance No. 80. An Ordinance fixing and defining the fiscal year for the City to provide for the making of an annual ap- propriation of funds to be expended during the ensuing year", by striking from Paragraph 628, Section 1; Para- graph 629, Section 2; Paragraph 630, Section 3 of said Ordinance the word "April" wherever the same may appear and inserting in lieu thereof "May", and by striking the word "recorder" wherever the same may appear and inserting in lieu thereof the words "city clerk", pre- sented and read. Councilman Van Duel - man moved that the reading just had be considered the first reading of the ordi- nance. Seconded by Councilman Clark. Carried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Councilman Clark moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas — Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Whar- ton. Nays—None. The ordinance was then read a second time. Councilman Van Duelman moved that the reading just had be considered the second read- ing of the ordinance. Seconded by Councilman Clark. Carried by the fol- lowing vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Ordinance No. 19-39. An Ordinance amending an Ordinance entitled: "Ordi- nance No. 81. An Ordinance providing for the execution of contracts by the City", by striking from Paragraph 631, Section 1 of said Ordinance the word "recorder" and inserting in lieu thereof the words "city clerk", presented and read. Councilman Van Duelman moved that the reading just had be considered the first reading of the ordinance. Sec- onded by Councilman Wharton. Carried by the f Conuc Imenlowing t e: Yeas—Mayor Murphy, k, Thompson, Murphy, Van Duelman, Wharton. Nays—None. Councilman Van Duelman moved that the rulesbe suspended requiring an ordi- nance to be read on three sparate days. Seconded by Councilman Wharton. Car- ried by the following vote: Yeas—Mayor Murphy, Councilmen nlarkN Thompson, o None, Van Duelman, The ordinance was then read a second time. Councilman an Duelmanmoved moved that the reading just of the ordinance. the second reading Car - Seconded by Councilman Wharton. Car- S tied by the following vote: Yeas—Mayor 132 Regular Session, May 1, 1939 Murphy, 'Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Ordinance No. 20.39. An Ordinance amending an Ordinance entitled: "Ordi- nance No. 79. An Ordinance establish- ing the City Seal", by striking from Par- agraph 627, Section 2 of said Ordinance No. 79, wherever the same may appear, the word "recorder" and inserting in lieu thereof, the words "City Clerk", presented and read. Councilman Van Duelman moved that the reading just had be con- sidered the first reading of the ordinance. Seconded by Councilman Clark. Car- ried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Councilman Van Duelman moved that the rules be suspended requiring an ordi. nance to be read on three separate days. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. The ordinance was then read a second rime. Councilman Van Duelman moved that the reading just had be considered the second reading of the ordinance. Sec- onded by Councilman Clark. Carried by the following vote: Yeas—Mayor Mur- phy, Councilmen Clark, Thompson, Van Duelman, Wharton, Nays—None. Ordinance No. 21-39. An Ordinance repealing Paragraph 638, Section 3, of an Ordinance entitled: "Ordinance No. 83. An Ordinance relating to the per. sonal property of the City", said ordi. nance being Ordinanec No. 83 of the Revised Ordinances of the City of Du- buque of 1919, presented and read. Coun- cilman Van Duelman moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Clark. Carried by the fol- lowing vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duel- man, Wharton. Nays—None. Council- men Van Duelman moved that the rules he suspended requiring an ordinance to be read on three separate days. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duel - man, Wharton. Nays—None. The ordi- nance was then read a second time. Coun- cilman Van Duelman moved that the reading just had be considered the sec- ond reading of the ordinance. Seconded by Councilman Clark. Carried by the fol- lowing vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duel - man, Wharton. Nays—None. There being no further business Coun- cilman Van Duelman moved to adjourn. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Mur. phy, Councilman Clark, Thompson, Van Duelman, Wharton. Nays—None. J• J. SHEA, City Clerk. Approved a4-� Jtk . 1939. Adopted QAA{ . v. ?o Councilmen: I �,. Attest. /11•��- 1Y1---- City Clerk. Special Session,' INlay 4, 1939 City Council (Official) 13> published in the City of Dubuque, at which hearing the Council will hear any objections and enter on record its final decision thereon. Special Session, May 4th, 1939. Passed, adopted and approved this 4th day of May, 1939. Council met at 5:45 P. M. GEO. R. MURPHY, Mayor. Present—Mayor Murphy, Councilmen FRANK VAN DUELMAN, Clark, Thompson, Van Duelman, Whar. CARL A. CLARK, ton, City Manager Rhomberg. Meeting F. W. THOMPSON, called by order of Councilmen Clark ALBERT WHARTON, and Thompson. Councilmen. Mayor Murphy read the call and stated Attest: J. J. SHEA, that service thereof had been duly made City Clerk. and that this meeting is called for the Councilman Van Duelman moved the adoption purpose of considering for preliminary of the resolution. Seconded by approval the plans and specifications, Councilman Clark. Carried by the fol - form of contracts, and cost of improve- lowing vote: Yeas—Mayor Murphy, ments for: No. 1—Furnishing of a Deep Councilmen Clark, Thompson, Van Duel - Well Turbine Pump at Lot 503 Ham's man, Wharton. Nays—None. Addition, northeast corner of Shiras and Lincoln Avenues, estimated total cost $10,000.00; No. 2—Installation of Sup- ply Main from No. 7 Well House on Shiras and Lincoln Avenues to No. 5 Well Piping, estimated cost $5,000.00; No. 3—Construction of a Well House at Lot 503 Ham's Addition, northeast corner of Shiras and Lincoln Avenues, estimated cost $3,000.00. Such other busi. ness will be acted upon as may properly come before a regular meeting of the City Council. Resolution No. 65-39. Preliminary approval of plans and specifications, form of contract and cost of improvement for the furnishing of a Deep Well Turbine Pump, presented and read. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, I Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 66-39. WHEREAS, the City Council of the City of Dubuque, Iowa, has by resolution No. 65-39 given its preliminary approval on the proposedplans, specifications and form of contract, and estimated cost of improvement, and placed same on file in the office of the City Clerk for public inspection, for the Furnishing of a Deep Well Turbine Pump, at Lot 503 Ham's Addition, northeast corner of Shiras and Lincoln Avenue. BE IT THEREFORE RESOLVED that on the 16th day of May, 1939, a Public Hearing will be held at 7:30 o'clock P. M. in the Council Chamber in the City of Dubuque, at which time the tax- payers may appear and make objection to the proposed plans and specifications and proposed form of contract, to the cost of the improvement, and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published 10 days before said hearing in official newspaper Resolution No. 67-39 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA, that pursuant to a Resolution No. 65-39, which was duly passed by this Council for the furnish- ing of a Deep Well Turbine Pump, at Lot 503 Ham's Addition, northeast cor- ner of Shiras and Lincoln Avenue; BE and the same is hereby ordered furnished by this council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said Im. urovement b' p id `or ',,v', ,v 45fPWA and balance from City Water De. partment Funds. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby or- dered and directed to advertise for pro- posals for the construction of the various improvements herein provided for in the manner provided by law, the said im- provements shall be completed within 60 consecutive calendar days from the date of commencement, which shall be specified in a written order by the City Manager. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and dCity after its passage and adoption by the Passed, adopted and approved this 4th day of May, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, CARL A. CLARK, F. W. THOMPSON, ALBERT WHARC Onc�lmen. Attest: J. J. SHEA, City Clerk. 134 Special Session, May 4, 1939 Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Clark. Carried by the fol- lowing vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duel - man, Wharton. Nays None. Resolution No. 68-39. Preliminary approval of plans and specifications, form of contract and cost of improve- ment for installation of Supply Main from Pump House, presented and read. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Clark. Carried by the fol- lowing vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duel - man, Wharton. Nays—None. Resolution No. 69-39 WHEREAS, the City Council of the City of Dubuque, Iowa, has by resolu. tion No. 68-39 given its preliminary approval on the proposed plans, specifi- cations and form of contract, and esti- mated cost of improvement, and placed same on file in the office of the City Clerk for public inspection, for the In- stallation of Supply Mains from No. 7 Well House on Shiras and Lincoln Ave. nue to No. 5 Well Piping. BE IT THEREFORE RESOLVED that on the 16th day of May, 1939, a Public Hearing will be held at 7:30 o'. clock P. M. in the Council Chamber in the City of Dubuque, at which time the taxpayers may appear and make objec. tion to the proposed plans and specifi- cations and proposed form of contract, to the cost of the improvement, and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published 10 days before said hearing in official newspaper Published in the City of Dubuque, at which hearing the Council will hear any objections and enter on record its final decision thereon. Passed, adopted and approved this 4th day of May, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, CARL A. CLARK, F. W. THOMPSON, ALBERT WHARTON, Attest: J. J. SHEA, Councilmen. City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duel - man, Wharton. Nays --None. Resolution No. 70-39 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU. BUQUE, IOWA, That pursuant to a Resolution No. 68-39, which was duly passed by this Council for the Installa. tion of Supply Mains from No. 7 Well House on Shiras and Lincoln Avenue to No. 5 Well Piping; BE and the same is hereby ordered in. stalled by this Council upon its own mo. tion and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED That the cost and expense' of the said Im- provement be paid for by 45% P.W.A. Grant and balance from City Water De- ' partment Funds. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby or- dered and directed to advertise for pro- posals for the construction of the vari- ous improvements herein provided for in the manner provided by law, the said im- provements shall be completed within 75 consecutive calendar days from the date of commencement, which shall be speci- fied in a written order by the City Man- ager. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 4th day of May, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, CARL A. CLARK, F. W. THOMPSON, ALBERT WHARTON, Attest:1. J. sHEACouncilmen. , City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duel - man, Wharton. Nays—None. Resolution No. 71-39. Preliminary approval of plans and specifications, form of contract and cost of improvement for the construction of a Well House, pre. sented and read. Councilman Van Duel - man moved the adoption of the resolu' tion. Seconded by Councilman Clark. Carried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Special Session, May 4, 1939 Resolution No. 72-39 WHEREAS, the City Council of the City of Dubuque, Iowa, has by resolu. tion No. 71-39 given its preliminary ap. proval on the proposed plans, specifica. tions and form of contract, and estimated cost of improvement, and placed same on file in the office of the City Clerk for public inspection, for the Construction of a Well House, at Lot 503 Ham's Ad. dition, northeast corner of Shiras and Lincoln Avenue; BE IT THEREFORE RESOLVED that on the 16th day of May, 1939, a Public Hearing will be held at 7:30 o'. clock P. M. in the Council Chamber in the City of Dubuque, at which time the taxpayers may appear and make objec- tion to the proposed plans and specifi. cations and proposed form of ocntract, to the cost of the improvement, and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published 10 days before said hearing in official newspaper published in the City of Dubuque, at which hearing the Council will hear any objections and enter on records its final decision thereon. Passed, adopted and approved this 4th day of May, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, CARL A. CLARK, F. W. THOMPSON, ALBERT WHARTON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Clark. Carried by the fol- lowing vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duel - man, Wharton. Nays—None. Resolution No. 73-39 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA, That pursuant to a Resolution No. 71-39, which was duly passed by this Council for the Construc- tion of a Well House, at Lot 503 Ham': Addition, northeast corner of Shiras anc Lincoln Avenue; BE and the same is hereby orderer constructed by this council upon its owt motion and with or without the petition Of property owners. All the work shal be constructed in accordance with th, plans and specifications heretofor adopted and now on file in the office o the City Clerk. 135 BE IT FURTHER RESOLVED that :he cost and expense of the said improve. merit be paid for by 45% P.W.A. grant and balance from City Water Depart- ment Funds. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby or- dered and directed to advertise for pro- posals for the construction of the vari. ous improvements herein provided for in the manner provided by law, the said improvements shall be completed within 75 consecutive calendar days from the date of commencement, which shall be specified in a written order by the City Manager. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 4th day of May, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, CARL A. CLARK, F. W. THOMPSON, ALBERT WHARTON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Clark. Carried by the fol- lowing vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duel - man, Wharton. Nays—None. Communication of Concrete Products Company submitting an offer in the amount of $750.00 for the purchase of Lot 9 in Industrial Subdivision No. 2, presented and read. Councilman Whar- ton moved that the communication be received and filed. Seconded by Coun- Gilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Whar. ton. Nays—None. Petition of A. L. Satz requesting the opening of Henderson Street from the intersection of Bradley and Henderson Streets toward the Golf Course, presented and read. Councilman Wharton moved to refer the petition to the City Manager and City Engineer with instructions to prepare a proper grade and submit a report back to the City Council. Sec- onded by Councilman vote: easCar- Mayor ried by the following Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. the atmount ofice of ai$2,500of Anna C. Dax in .00 for personal injuries received in falling on an icy sidewalk on the easterly side of Bryant 136 Special Session, Street at a point approximately at the center of the distance between house number 244 and house number 280 Bry- ant Street, presented and read. Council- man Clark moved to refer the Claim to the City Solicitor for investigation and report. Seconded by Councilman Whar- ton. Carried by the following vote: Yeas —Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. There being no further business Coun- cilman Clark moved to adjourn. Sec- onded by Councilman Van Duelman. Carried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. J. J. SHEA, City Clerk. Approveder 4P IA*-- 1939. Adopted Councilmyn. --- ----- . G. Attest:.----- �� City Clerk. May 4, 1939 ti -W Special Session, May, 16, 1939 City COUDCIl (Off icial) Special Session, May 16th, 1939 Council met at 8:00 P. M. Present—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Whar. ton, City Manager Rhomberg. Meeting called by order of Councilmen Van Duel - man and Wharton. Mayor Murphy read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of conducting a hearing upon the plans and specifications, form of con- tracts and cost df improvements for: No. 1—Furnishing of a Deep Well Turbine Pump at Lot 503 Ham's Addi. tion, northeast corner of Shiras and Lin- coln Avenues, estimated total cost $10,- 000.00. No. 2—Installation of Supply Main from No. 7 Well House on Shiras and Lincoln Avenues to No. 5 Well Piping, estimated cost $5,000.00. No. 3—Construction of a Well House at Lot 503 Ham's Addition, northeast corner of Shiras and Lincoln Avenues, estimated cost $3,000.00. Such other business will be acted upon as may properly come before a regular meeting of the City Council. Councilman Clark moved that the rules be suspended for the purpose of allow- ing any one present in the Council Cham- ber, who wishes to do so, to address the Council. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Whar- ton. Nays—None. Mr. John Kerper, President of the Dock Board, addressed the Council relative to acquiring the property on City Island and on the mainland as outlined on the Master Plan of the City in connection with the pro- posed Peosta Channel Industrial Devel- opment. Stating to Council that so far the Board had been unable to deal sat- isfacorily with the present owners and verbally petitioned the Council to au- thorize condemnation proceedings to ac- quire the property if other means of ob- taining the same do not produce results. Councilman Clark moved that the ver- bal request of the Dock Board be granted and that the Dock Board be authorized to proceed with acquiring the land re- quired for the Peosta Channel Industrial Development and to institute condemna- tion proceedings if necessary to obtain the same. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas — Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Whar- ton. Nays—None. 137 Attorney Frank Gilloon, representing the Perfection Oil Company, addressed the Council requesting that favorable ac. tion be taken on the previous verbal re- quest of the Perfection Oil Company for permission to erect curb pumps between the property line and the curbing at their property located at the intersection of Rhomberg and Lincoln Avenues, City Manager Rhomberg advising Mr. Gil. loon that the verbal request of the Per. fection Oil Company had been denied by the Council after viewing the grounds. Proofof publication, certified to by the publishers, of notice of a hearing up. on the plans and specifications, form of contract and cost of improvements for the No. 1—Furnishing of a Deep Well Turbine Pump, at Lot 503 Ham's Addi- tion, northeast corner of Shiras and Lin- coln Avenue, estimated total cost $10,- 000.00. No. 2—Installation of Supply Main from No. 7 Well House on Shiras and Lincoln Avenue to No. 5 Well Piping, estimated cost $5,000.00. No. 3—Construction of a Well House, at Lot 503 Ham's Addition, northeast corner of Shiras and Lincoln Avenue, estimated cost $3,000.00. No objections filed and no one present in the Council Chamber objecting, Coun- cilman Thompson moved that the proof of publication be received and filed. Sec- onded by Councilman Clark. Carried by the following vote- Yeas—Mayor Mur- phy, Councilmen Crark, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 74-39 WHEREAS, proposed plans and speci- fications and form of contract, for the furnishing of a Deep Well Turbine Pump, at Lot 503 Ham's Addition, north. east corner of Shiras and Lincoln Ave. nue; have been approved by the Coun- cil of the City of Dubuque, and public notice given as provided by Chapter 23 of the Code of Iowa 1935, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all ob- jections to said plans, specifications or contract for cost of such improvements, said time being this 16th day of May, 1939; and S WHEREA, the City Council met in Special Session this 16th day of May. 1939, at 7:30 o'clock P. M'at the Coun- cil Chamber in the City Hall for the purpose of hearing any all interested artie and considering objections which have been filed to the proposed plans, specifications or contract for or cost of the improvement herein described and proposed to be made; and WHEREAS, all interested pa to shave heave been given an opportunity and all objectionsulweighed andbeen considered; led have been duly S now, therefore 138 Special Session, May 16, 1939 BE IT RESOLVED by the City Coun- cil of the City of Dubuque, that all ob- jections which have been made and filed to the plans, specifications, contract for or cost of said improvement herein de- scribed and proposed to be made, be and the same are hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this council upon all objections which have been filed to the plans, specifica- tions and form of contract for or cost of said improvement be made a matter of permanent record in connection with said improvement. Passed, adopted and approved this 16th day of May 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Clark moved the adop- tion of the resolution. Seconded by Coun. cilman Van Duelman. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duel - man, Wharton. Nays—None. Resolution No. 75-39 WHEREAS, proposed plans and speci. fications and form of contract for the Installation of Supply Mains from No. 7 Well House on Shiras and Lincoln Avenue to No. 5 Well Piping; have been approved by the City Council of the City of Dubuque, and public notice given as provided by Chapter 23 of the Code of Iowa 1935, pertaining to public con. tracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifications or contract for cost of such improvements, said time being this 16th day of May 1939; and WHEREAS, the City Council met in Special Session this 16th day of May 1939, at 7:30 O'clock P. M, at the Coun- cil Chamber in the City Hall for the Purpose of hearing all interestedparties and considering any and all objections which have been filed to the proposed plans, specifications or contract for or cost of the improvement herein described and proposed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered; now, therefore BE IT RESOLVED by the City Coun. cil of the City of Dubuque, that all ob- jections which have been made and filed to the plans, specifications, contract for or cost of said improvement herein de. scribed and proposed to be made, be and the same are hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, sPecifica. tions and form of contract for or cost of said improvement be made a matter of permanent record in connection with said improvement. Passed, adopted and approved this 16th day of May, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Clark moved the adop. tion of the resolution. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Mur- phy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 76-39 WHEREAS, proposed plans and speci- fication and form of contract for the Construction of a Well House, at Lot 503 Ham's Addition, northeast corner of Shiras and Lincoln Avenue; have been approved by the City Council of the City of Dubuque, and public notice given as provided by Chapter 23 of the Code of Iowa 1935, pertaining to pub- lic contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifications or contract for cost of such improvements, said time being this 16th day of May, 1939; and WHEREAS, the City Council met in Special Session this 16th day of May, 1939, at 7:30 o'clock P. M. at the Coun. cil chamber in the City Hall for the Purpose of hearing all interested parties and considering any and all objections which have been filed to the proposed Plans, specifications or contract for or cost of the improvement herein described and proposed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered; now, therefore BE IT RESOLVED by the City Coun- cil of the City of Dubuque, that all ob• jections which have been made and filed to the plans, specifications, contract for or cost of said improvement herein de- scribed and proposed to be made, be and the same are hereby overruled and such Special Session, May 16, 1939 plans, specifications and form of con. tract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifica- tions and form of contract for or cost of said improvement be made a matter of permanent record in connection with said improvement. Passed, adopted and approved this 16th day of May, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. 13q lature just closed that a law was passed permitting cities the option of employing practicing accountants duly registered with the Iowa Board of Accountancy to make their audits instead of the Auditor of State if they so desire, presented and read. Councilman Wharton moved to re- fer the communication to the City Coun. cil. Seconded by Councilman Thompson. Carried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Communication of W. M. Thurber, Asst. Superintendent of the Chicago, Milwaukee, St. Paul & Pacific Railroad Company, together with license in dupli. cate covering electric line or cable on Milwaukee R/W and tracks near the City Water Works, presented and read. Councilman Van Duelman moved to re- fer the communication and license to the Councilman Van Duelman moved the City Solicitor for investigation and re - adoption of the resolution. Seconded by Port. Seconded by Councilman Clark. Councilman Murphy. Carried by the fol- Carried by the following vote: Yeas— lowing vote: Yeas—Mayor Murphy, Mayor Murphy, Councilmen Clark, Councilmen Clark, Thompson, Van Duel. Thompson, Van Duelman, Wharton. man, Wharton. Nays—None. Nays—None. Petition of Board of Trustees of Car- Petition of Albert Hird et al, request. negie Stout Public Library, requesting in¢ that the one block of Seminary Street that an application be made to the State between St. Ambrose Street and the City Comptroller for authority to transfer Limits be put in first class condition, pre - from the Library Maintenance Fund to sented and read. Councilman Clark the Library Building Fund the sum of moved that the request be granted. Sec - $683.97, presented and read. Council. onded by Councilman Wharton. Carried man Wharton moved that the request be by the following vote: Yeas—Mayor granted and that the City Manager be Murphy, Councilmen Clark, Thompson, instructed to prepare the proper resolu- Van Duelman, Wharton. Nays—None. tion. Seconded by Councilman Clark. Petition of Mrs. Anna Fatka Boesen, Carried by the following vote: Yeas— referred to the City Council by the Board Mayor Murphy, Councilmen Clark, of Supervisors, requesting suspension of Thompson, Van Duelman, Wharton. the 1938 taxes on Lots 255 and 256 East Nays—None. Dubuque Addition, presented and read. Notice of Claim of Mrs. Fred Rusch Councilman Van Duelman moved to re- in the amount of $200.00 for personal fer the petition to the City Solicitor for injuries received in falling on sidewalk investigation and report. Seconded by on the West side of Jackson Street be- Councilman Clark. Carried by the fol- tween 15th and 16th Streets in front of lowing vote: Yeas—Mayor Murphy, St. Mary's School, presented and read. Councilmen Clark, Thompson, Van Duel- Councilman Wharton moved to refer man, Wharton. Nays—None. the notiec of claim to the City Solicitor petition of Mrs. Mary Klinkhamer, re - for investigation and report. Seconded ferred to the City Council by the Board by Councilman Thompson. Carried by of Supervisors, requesting suspension of the following vote: Yeas—Mayor Mur- the 1938 taxes on Lot 32 of Min. Lot phy, Councilmen Clark, Thompson, Van 39 presented and read. Councilman Van Duelman, Wharton. Nays—None. Duelman moved to refer the petition to ion and Communication of N. M. Sutton, rel- repoCctySSolicitor oonded by rCouncilman Clark. ative to the improving of the Alley abut- ting his property on Hill Street, said alley Carried by the followingCouncilmen Yeas— running between Bonson and Wooten Mayor Murphy, Streets, presented and read. Councilman Thompson, Van Duelman, Wharton. Clark moved to refer the communication Nays—None. to the City Manager. Seconded by Coun- Ordinance No. 14.39. An Ordinance cilman Van Duelman. Carried by the fol- amending an Ordinance entitled: Ordi- lowing vote: Yeas—Mayor Murphy, nance No. 9.39. An Ordinance granting Councilmen Clark, Thompson, Van Duel- to the Kretschmer-Tredway Cmpany, its man, Wharton. Nays—None. successors and assigns, the right to ading plat - Communication of the Iowa Society of struct and maintain the same, in Wash - Certified Public Accountants, advising form and canopy City Lots 418 Council that at the session of the Legis- ington Street, abutting 140 Special Session, May 16, 1939 and 410 in the town (now city) of Dubuque. Iowa: and prescribing the con- ditions of such permit", by amending Paragraph 769 Section 1 of said ordi nance, said ordinance having been passed upon first and second readings on May 1st, 1939, presented and read a third time. ORDINANCE NO. 14-39 ___ An Ordinance amending an Ordinance entitled: "Ordinance No. 9-39. An Ordi- nance granting to the Kretschmer-Tred- way Company, its successors and assigns, the right to construct and maintain an unloading platform and canopy over the same, in Washington Street, abutting City lots 418 and 419 in the town (now city) of Dubuque, Iowa; and prescribing the conditions of such permit," by amend- ing Paragraph 769 Section 1 of said or- dinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE: Paragraph 787 Section 1. That an ordinance entitled: "Ordi- nance No. 9-39. An Ordinance granting to the Kretschmer-Tredway Company, its successors and assigns, the right to con- struct and maintain an unloading plat- form and canopy, over the same, in Washington Street, abutting city lots 418 and 419, in the town (now city) of Du- buque, Iowa; and prescribing the condi- tions of such permit," be, and the same is hereby amended by striking from said Paragraph 769 Section 1 of said ordi. nance and from lines 9 and 10 thereof the following: "and to be not less than 16 feet 9 inches above the surface of said Washington Street," and inserting in lieu thereof the following: "and to be not less than 14 feet 3 inches above the surface of said Washington Street." Paragraph 788 Section 2 It is understood and provided that the cost of publication of this ordinance en. acted for the benefit of said Krerschmer- Tredway Company, shall be borne by said Kretschmer-Tredway Company of Du. buque, Iowa. Paragraph 789 Section 3 This ordinance shall be in force and effect ten (10) days from and after its final passage, adoption and approval b the City Council and publicatiy on as pro- vided by law, and all rights hereunder shall accrue to said Kretschmer-Tredway Company, its successors or assigns, when the provisions hereof shall have been ac. cepted by said company. Passed upon first and second readings this 1st day of May, 1939. Passed, adopted and approved upon final reading this 16th day of May, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen, Attest: J. J. SHEA, City Clerk. ACCEPTANCE OF ORDINANCE The Kretschmer-Tredway Company, does hereby accept the terms, provisions and conditions of the ordinance adopted by the City Council of the City of Du. buque, designated as: "Ordinance No. 14-39. An ordinance amending an ordi- nance entitled: "Ordinance No. 9-39. An Ordinance granting to Kretscher-Tredway Company, its successors and assigns, the right to construct and maintain an un- loading platform and canopy over the same in Washington Street abutting city lots 418 and 419, in the town (now city) of Dubuque, Iowa, and prescribing the conditions of such permit", by amending Paragraph 769, Section 1 of said ordi- nance," this 17th day of May, 1939. KRETSCHMER-TREDWAY COM- PANY, By Laura A. Kretschmer, President. Published officially in the Telegraph - Herald newspaper, this 18th day of May. 1939. J. J. SHEA, City Clewk. 5-18-1t Councilman Van Duelman moved the adoption of the ordinance. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duel - man, Wharton. Nays—None. Ordinance No. 15-39. An Ordinance repealing Ordinance No. G-421 entitled: "An Ordinance establishing a grade on Cox Street from the North property line of West Fourteenth Street to the South curb line of West Seventeenth Street", and enacting a substitute in lieu thereof, said ordinance having been pased upon first and second readings on May 1st. 1939, presented and read a third time. ORDINANCE NO. 15-39 An Ordinance repealing Ordinance No. G-421 entitled: An Ordinance es- tablishing a grade on Cox Street from the North property line of West Four- teenth Street to the South curb line of West Seventeenth Street," and enacting a substitute in lieu thereof: Be it Ordained by the City Council of the City of Dubuque: Special Session, May 16, 1939 Paragraph 790, Section 1 That Ordinance G-421 entitled: "An Ordinance establishing a grade on Cox Street from the North property line of West Fourteenth Street to the South curb line of West Seventeenth Street," be, and the same is hereby repealed. Paragraph 791, Section 2 That a grade on Cox Street from the North property line of West Fourteenth Street to the South curb line of West Seventeenth Street, be, and the same is hereby established and adopted as shown by the profile of said street and grade prepared by the City Engineer, being Profile No. 1293. B. M. on Southwest corner rail base, stairway to Loras Col- lege boiler room, elevation 197.96. Said grade begins at the North property line of West Fourteenth Street, which is Sta- tion 0, East curb elevation 196.8, West curb elevation 197.99; thence to station 1 plus 00, East and West curb eleva- tion 198.3; thence to station 4 plus 92, East and West curb elevation 206.9; thence to station 5 plus 17, East and West curb elevation 207.27; thence to station 5 plus 42, East and West curb elevation 207.42; thence to station 5 plus 67, East and West Curb elevation 207.26; thence to station 5 plus 92, East and West curb elevation 206.88; thence to station 6 plus 17, East and West curb elevation 206.24: thence to station 6 plus 42, East and West curb elevation 205.45; thence to station 6 plus 67, East and West curb elevation 204.24; thence to station 6 plus 92. East and West curb elevation 202.88; thence to station 7 plus 17, East and West curb elevation 201.26; thence to station 7 plus 42, East and West curb elevation 199.4; thence to station 7 plus 67, East and West curb elevation 197.27; thence to station 7 plus 92, East and West curb elevation 194.9; thence to station 9 plus 01.6; South curb line of West Sev- enteenth Street, East and West curb ele- vation 184.0. Paragraph 792, Section 3 This Ordinance shall be in force and effect ten (10) days from and after its final message and adoption by the City Council and publication as provided by law. Passed upon first and second readings May 1st, 1939. Passed, adopted and ap- proved May 16th, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Published officially Herald newspaper on May, 1939. J. J. SHEA, City Clerk in The Telegraph - the 18th day of 5-18-1t 141 Councilman Thompson moved the Ldoption of the ordinance. Seconded by 'ouncilman Wharton. Carried by the Following vote: Yeas—Mayor Murphy. .'.ouncilmen Clark, Thompson, Van Duel- nan, Wharton. Nays—None. Ordinance No. 16.39. An Ordinance tmending an Ordinance entitled: "Ordi. iance No. 9. An Ordinance defining the iuties and powers of the "recorder", by striking from the title of said ordinance a:e word "recorder", and inserting in lieu thereof "city clerk"; and by striking from line 4 of Paragraph 43, Section 5 of said ordinance, the word "recorder", and inserting in lieu thereof the words "city clerk", said ordinance having been passed upon first and second readings on May 1st, 1939, presented and read a third time. ORDINANCE NO. 16-39 An Ordinance amending an ordinance entitled: "Ordinance No. 9. An Ordi. nance defining the duties and powers of the recorder", by striking from the title of said ordinance the word "recorder", and inserting in lieu thereof "city clerk"; and by striking from line 4 of Paragraph 43. Section 5 of said ordinance, the word "recorder", and inserting in lieu thereof the words "city clerk". BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: Paragraph 793 Section 1 That the title of an ordinance of the City of Dubuque, entitled: "Ordinance No. 9. An ordinance defining the duties and powers of the recorder", be, and the same is hereby amended by striking from the title of said ordinance the word "re- corder' and inserting in lieu thereof the words "city clerk". Paragraph 794 Section 2 That Paragraph 43, Section 5 of an Ordinance of the City of Dubuque, en- titled. "Ordinance No. 9. An Ordinance defining the duties and powers of the recorder", be, and the same is hereby amended by striking from line 4 of said paragraph 43, Section 5 of said Ordi- nance, the word recorder" and inserting in lieu thereof the words "city clerk". Paragraph 795 Section 3 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 pro- vided by law. Passed upon first and second readings this ht day offlay. 1939' Passed, adopted and approved upon final reading this 16th day of May, upon 1939. R. MURPHY, FRANK K VAN DUELMAN, , R ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON n Councilmen. Attest: J. J• SHEA, City Clerk. 142 Special Session, May 16, 1939 Published officially in The Telegraph - Herald newspaper on the 18th day of May, 1939. J. J. SHEA, City Clerk. 5-18-1t. Councilman Van Duelman moved the adoption of the ordinance. Seconded by Councilman Clark. Carried by the fol- lowing vote: Yeas -Mayor Murphy, Councilmen Clark, Thompson, Van Duel. man, Wharton. Nays -None. Ordinance No. 17.39. An Ordinance amending an Ordinance entitled: "Ordi- nance No. 82. An Ordinance prescrib- ing the manner of keeping the official record of the proceedings of the Coun- cil and providing for the publication of the same", by striking from Paragraph 632, Section 1; Paragraph 633, Section 2; Paragraph 634, Section 3; Paragraph 635, Section 4, the word "recorder" wher. ever the same may appear in said para- graphs and sections, and inserting in lieu thereof the words "city clerk", said ordinance having been passed upon first and second readings on May 1st, 1939, presented and read a third time. ORDINANCE NO. 17-39. An Ordinance amending an Ordinance entitled: "Ordinance No. 82. An Ordi- nance prescribing the manner of keeping the official record of the proceedings of the Council and providing for the pub- lication of the same," by striking from Paragraph 632, Section 1; Paragraph 633, Section 2; Paragraph 634, Section 3; Paragraph 635, Section 4, the word "recorder" wherever the same may appear in said paragraphs and sections, and in- serting in lieu thereof the words "city clerk". Be It Ordained by the City Council of the City of Dubuque. Paragraph 796, Section 1 That an Ordinance entitled: "Ordi. nance No. 82. An Ordinance prescrib. ing the manner of keeping the official record of the proceedings of the Council and providing for the publication of the same," be, and the same is hereby amended as follows: 1 -By striking from line 3 of Para- graph 632, Section 1, of said Ordinance the word "recorder" and inserting in lieu thereof the words "city clerk". 2 -By striking from line 1 of Para. graph 633, Section 2, of said Ordinance the word "recorder" and inserting in lieu thereof the words "city clerk". 3 -By striking from line 2 and line 15 of Paragraph 634, Section 3, of said Ordinance the word "recorder" and in- serting in lieu thereof the words "city clerk". 4 -By striking from line 2 and line 8 of Paragraph 635Section 4, of said Or. th, e word "recorder" and insert. ing in lieu thereof the words "city clerk". Paragraph -797, Section 2 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 pro. vided by law. Passed upon first and second readings this 1st day of May, 1939. Passed, adopted and approved upon final reading this 16th day of May, 1939, GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Published officially in The Telegraph - Herald newspaper on the 18th day of May, 1939. J. J. SHEA, City Clerk. 5-18-1t. Councilman Clark moved the adoption of the ordinance. Seconded by Council- man Van Duelman. Carried by the fol- lowing vote: Yeas -Mayor Murphy, Councilmen Clark, Thompson, Van Duel - man, Wharton. Nays -None. Ordinance No. 18-39. An Ordinance amending an Ordinance entitled: "Ordi- nance No. 80. An Ordinance fixing and defining the fiscal year for the City to provide for the making of an annual appropriation of funds to be expended during the ensuing year", by striking from Paragraph 628, Section 1; Para- graph 629, Section 2; Paragraph 630, Section 3 of said ordinance the word "March", wherever the same may appear and inserting in lieu thereof "April"; and the word "February" wherever the same may appear, and inserting in lieu thereof the word "March"- and striking the word "April" wherever the asme may appear and inserting in lieu thereof "May", and by striking the word "re- corder" wherever the same may appear and inserting in lieu thereof the words "city clerk", said ordinance having been passed upon first and second readings on May 1st, 1939, presented and read a third time. ORDINANCE NO. 18-39. An Ordinance amending an Ordinance entitled. "Ordinance No. 80. An Ordi- nance fixing and defining the fiscal year For the city to provide for the making of an annual appropriation of funds to be expended during the ensuing year," by striking from Paragraph 628, Section 1; Paragraph 629, Section 2; Paragraph 630, Section 3, of said Ordinance the word "March" wherever the same may appear and inserting in lieu thereof April"; and the word "February" wher- ever the same may appear, and insert- ing in lieu thereof the word "March"; EA Special Session, May 16, 1939 143 and striking the word "April" wherever the same may appear and inserting in lieu thereof "May", and by striking the word "recorder" wherever the same may appear and inserting in lieu thereof the words "city clerk". Be It Ordained by the City Council of the City of Dubuque. Paragraph 798, Section 1 That an Ordinance entitled: "Ordi. nance No. 80. An Ordinance fixing and defining the fiscal year for the City to provide for the making of an annual publication of funds to be expended dur- ing the ensuing year," be, and the same is hereby amended as follows: 1—By striking from line 2 and line 5 of Paragraph 628, Section 1, of said Ordinance the word "March" and in- serting in lieu thereof the word "April"; and by striking from line 7 of said Para- graph 628, Section 1, of said Ordinance, the word "February" and inserting in lieu thereof the word "March". 2—By striking from line 5 of Para- graph 629, Section 2, of said Ordinance, the word "recorder" and inserting in lieu thereof the words "city clerk"; and by striking from line 6 of Paragraph 629, Section 2, of said Ordinance, the word "April" and inserting in lieu thereof the word "May"; and by striking from line 7 and line 9 in said Paragraph 629, Sec- tion 2, of said Ordinance, the word "March" and inserting in lieu thereof the word "April". 3—By striking from line 2 of Para- graph 630, Section 3, of said Ordinance, the word "March" and inserting in lieu thereof the word "April". Paragraph 799, Section 2 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 pro- vided by law. Passed upon first and second readings this 1st day of May, 1939. Passed, adopted and approved upon final reading this 16th day of May, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Published officially in The Telegraph. Hearrld newspaper on the 18th day of May, 1939. J. J. SHEA, City Clerk. 5.18-1t. Councilman Clark moved the adoption of the ordinance. Seconded by Council- man Thompson. Carried by the follow- ing vote: Yeas—Mayor Murphy, Coun- cilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Ordinance No. 19-39. An Ordinance amending an Ordinance entitled: "Ordi. nance No. 81. An Ordinance providing for the execution of contracts by the City", by striking from Paragraph 631, Section 1 of said Ordinance the word "recorder" and inserting in lieu thereof the words "city clerk", said ordinance having been passed upon first and second readings on May 1st, 1939, presented and read a third time. ORDINANCE NO. 19-39 An Ordinance amending an Ordinance entitled: "Ordinance No. 81. An Ordi- nance providing for the execution of contracts by the City," by striking from Paragraph 631, Section 1, of said Ordi. nance, the word "recorder" and insert- ing in lieu thereof the words "city clerk". Be it Ordained by the City Council of the City of Dubuque: Paragraph 800, Section 1 That an Ordinance entitled: "Ordi- nance No. 81. An Ordinance • providing for the execution of contracts by the City," be, and the same is hereby amend- ed by striking from line 5 of said Para- graph 631, Section 1, of said Ordinance, the word "recorder" and inserting in lieu thereof the words "city clerk". Paragraph 801, Section 2 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 pro- vided by law. Passed upon first and second readings this 1st day of May, 1939. Passed, adopted and approved upon final reading this 16th day of May, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSO , Councilmen. Attest: J. J. SHEA, City Clerk. Published officially in The Telegraph - Herald newspaper on the 18th day of May, 1939. J. J. SHEA, City Clerk. 5.18-1t. Councilman Thompson moved the adoption of the ordinance. Seconded by Carried by the Councilman Wharton. following vote, Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duel, man, Wharton. Nays—None, Ordinance No. 20.39. An Ordinance amending an Ordinance entitled: "Ordi- nance No. 79, An Ordinance establish- 144 Special Session, May 16, 1939 ing the City Seal", by striking from Paragraph627, Section 2 of said Ordi- nance No. 79, wherever the same may appear, the word "recorder" and insert. ing in lieu thereof, the words "City Clerk", said ordinance having been passed upon first and second readings on May 1st, 1939, presented and read a third time. ORDINANCE NO. 20-39. An Ordinance amending an Ordinance entitled: "Ordinance No. 79. An Ordi- nance establishing the City seal", by striking from Paragraph 627, Section 2 of said Ordinance No. 79, wherever the same may appear, the word "recorder" and inserting in lieu thereof, the words "City Clerk". BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: Paragraph 802, Section 1 That an Ordinance entitled: "Ordi- nance No. 79. An Ordinance establish- ing the City Seal", being Ordinance No. 79 of the Revised Ordinances of the City of Dubuque of 1919, be, and the same is hereby amended by striking the word "recorder" in line 2 and line 5 and line 6 and line 9 of Paragraph 627, Sec. tion 2 of said Ordinance No. 79, and in. serting in lieu thereof in each of said lines the words "city clerk", Paragraph 803, Section 2 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 pro. vided by law. Passed upon first and second readings this 1st day of May, 1939. Passed, adopted and approved upon final reading this 16th day of May, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Attest: J. J. SHEA, Councilmen. City Clerk. Published officially in The Telegraph. Herald newspaper on the 18th day of May, 1939. 5.18-1t. J- J. SHEA, City Clerk. Councilman Clark moved the adoption of the ordinance. Seconded by Council. man Thompson. Carried by the follow. ing vote: Yeas—Mayor Murphy, Coun. cilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Ordinance No. 21-39. An Ordinance repealing Paragraph 638, Section 3, of an Ordinance entitled: "Ordinance No. 83. An Ordinance relating to the per. sonal property of the City", said ordi. nance being Ordinance No. 83 of the Revised Ordinances of the City of Du. buque of 1919, said ordinance having been passed upon first and second read. ings on May 1st, 1939, presented and read a third time. ORDINANCE NO. 21-39 An Ordinance repealing Paragraph 638, Section 3, of an Ordinance entitled: "Ordinance No. 83. An Ordinance relat. ing to the personal property of the City", said ordinance being Ordinance No. 83 of the Revised Ordinances of the City of Dubuque of 1919. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: Paragraph 804, Section 1 That Paragraph 638 Section 3 of ar Ordinance entitled: "Ordinance No. 83. An Ordinance relating to the personal property of the City", be, and the same is hereby repealed. Paragraph 805, Section 2 This Ordinance shall be in force and effect ten (10) days from and after its final passage and adoption and approval by the City Council and publication as provided by law. Passed upon first and second readings this 1st day of May, 1939. Passed, adopted and approved upon final reading this 16th day of May, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Attest: J. J. SHEA, Councilmen. City Clerk. Published officiaQy in The Telegraph - Herald newspaper on the 18th day of May, 1939. 5.18-1t. J. J. SHEA, City Clerk. Councilman Clark moved the adoption of the ordinance. Seconded by Council- man Thompson. Carried by the follow- ing vote: Yeas—Mayor Murphy, Coun- cilmen Clark, Thompson, Van Duelman, Wharton. Nays --None. Special Session, May 16, 1939 145 May 16, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the City Council meeting of May 1, 1939, the Perfection Oil Company re- quested permission to erect curb pumps at their property located at the intersec. tion of Rhomberg and Lincoln Avenue. This request was referred to the City Council to view the grounds. On May 4, 1939, the Council viewed the premises and decided against the proposition. I, therefore, recommend that the action of the City Council in denying the petition be confirmed. Respectfully submitted, A. A. RHOMBERG, City Manager Councilman Van Duelman moved that the decision of the City Council be con- firmed and the recommendation of City Manager Rhomberg approved. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duel - man, Wharton. Nays—None. May 16, 1939 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the session of the City Council held May 1, 1939, the petition of Clem J. Smith requesting permission to redeem the tax sale certificate against Lot 14 in Yates Subdivision upon the payment of the principal without penalties and with lower interest charges was referred to the City Manager for investigation and re- port. I find that a tax sale certificate against this property was purchased by the city on December 1, 1930, for $26.17. Since then a penalty of 8% and interest at 8% have accumulated. In order to clear the matter, I recommend that the city surrender the tax sale certificate upon the payment of the principal amount plus 5'/(, simple interest. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Van Duelman moved that the recommendation of City Manager Rhomberg be approved and the City Treasurer to be instructed accordingly. Seconded by Councilman Wharton. Car- ried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. May 16, 1939. To the Honorabye Mayor and City Council, Dubuque, Iowa. Gentlemen: The terms of Monsignor J. M. Wolfe and Wm. Avery Smith as members of the Planning and Zoning Commission ex. pire on May 24, 1939. It is therefore necessary that the City Council make ap- pointments to this Commission for a five-year period to expire on May 24, 1944. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Clark moved that Mon- signor J. M. Wolfe and Wm. Avery Smith be reappointed as members of the Planning and Zoning Commission for a five year period, said terms to expire on May 24th, 1944. Seconded by Council man Van Duelman. Carried by the follow- ing vote: Yeas—Mayor Murphy, Coun- cilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. May 16, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have approved the following policy and bonds and de, sire to have your approval on same for filing: TAXICAB Black & White Cab Co., 876 Locust St. Policy No. 33141, Hawkeye Casualty Co. EXCAVATION W. J. Jordan, 1748 Audubon St. Massachusetts Bond & Ins. Co. George I. Beaves, 2531 Windsor Ave. Western Surety Co. F. J. Rellihan, 1715 Central e t al Ave Central Surety p. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Thompson movedthat the bonds and policies be apoved Councilman nd placed on file. Seconded by vote: Clark. Carried by Councilmen Yeas — Mayor Murphy Van Duelman, What- ton. Thompson, ton. Nays—None. 146 Special Session, May 16, 1939 May 15, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I herewith submit the reports of the City Auditor, City Treasurer, City Health Department, and City Water Department for the month of April, 1939, also a list of claims and list of payrolls for which warrants were drawn during the month of April, 1939. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Clark moved that the re- ports be received and placed on file. Seconded by Councilman Thompson. Carried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 77-39 WHEREAS, applications for Class "B" Beer Permits have been submitted to this Council for approval and the same have been examined: NOW, THERE. FORE, 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 prem. ises to be occupied by such applicants shall be forthwith inspected. Class 'B" Permit Name Address W. F. Trimpler (Transfer of ad. dress from 210 W. 5th 2400 Central Ave. Mrs. Margaret O'Brien (Trans. fer of address from 212 W. 1st) _________________338 Main St. Passed, adopted and approved this 16th day of May, 1939. GEO, R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Attest: J. J. SHEA, Councilmen. City Clerk. Councilman Clark moved the adop. tion of the resolution. Seconded by Coun. cilman Van Duelman. Carried by the following vote: Yeas—Mayor Murphy Councilmen Clark, Thompson, Van Duel - man, Wharton. Nays—None. May 5, 1939, Honorable Mayor and City Council, Dubuque, Iowa. RE: Margaret Lavery vs. City of Dubuque Gentlemen: Prior to my assumption to the office of City Solicitor and in September, 1937, I acted as attorney for the plaintiff, Margaret Lavery, in the above entitled action against the City of Dubuque, which is now pending before the Dis- trict Court of Dubuque County, Iowa. I have since my appointment as City Solicitor, withdrawn my appearance as attorney in this action, and the fact that I did represent this plaintiff when the action was instituted, disqualifies me from now acting as attorney for the City in the defense of said suit. The action is one brought for dam- ages for personal injuries sustained by the plaintiff on March 18, 1937, in fall- ing upon a sidewalk on the Easterly side of Wilson Avenue at the alley intersec- tion just North of Eighth Avenue. In view of my disqualification and in- ability to act for the City in this case, I would recommend that the matter be re- ferred to the City Manager for investiga- tion and report as to the advisability of employing special counsel to act in this case. Respectfully submitted, AL. J. NELSON, City Solicitor. Councilman Van Duelman moved that the recommendation of City Solicitor Nelson be approved. Seconded by Coun- cilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton. Nays—None. May 16, 1939. Honorable Mayor and City Council, Dubuque, Iowa. CLAIM OF JOSEPH E. MAHER Gentlemen: There has been referred to me for in- vestigation and report claim of Joseph E.Maher, claiming damages for in- juries sustained by him on the 23rd day of January, 1939, by reason of his fall- ing upon an icy sidewalk on the West side of Mt. Pleasant Avenue, in front of 1421 Mt. Pleasant Ave., in the City of Dubuque. I find upon investigation that com- munication was had with the City Clerk ofthe City of Dubuque by Mr. Maher relative to this accident, and he de- scribed the circumstances under which his injuries occurred, and gave the time and place, but did not specify any Special Session, INlay 16. 1939 amount for which he claimed damages. Mr. Maher later contacted me person- ally and I made investigation of this matter and in view of the fact that the communication originally filed by Mr. Maher did not set out the amount claimed his communication was referred by your honorable body to myself and the City Manager. After checking up with authorities relative to the claim, I am of the opinion that the communica- tion forwarded the City Clerk on the 25th day of January, 1939, did consti- tute a claim and under the circumstances his later communication of April 22, 1939, stating the amount thereof should not be rejected because of not having been filed within the statutory period. I further report that I have made an investigation of the facts and circum- stances surrounding this claim and beg to report that at the time and place in question there was a defect in this side- walk at the place where the accident hap- pened, which was caused by the water which came upon the sidewalk from an adjoining terrace to accumulate and freeze, and the ice thereon formed was in a rough and uneven condition and that the cause of the accident was due to Mr. Maher's slipping upon this ice and falling and sustaining injuries. I have effected compromise and settle- ment with him of his claim and herewith respectfully recommend that upon the execution by him of a receipt and release herewith enclosed, that a warrant be drawn payable to Joseph E. Maher, in the sum of $45.50. Respectfully submitted, AL. J. NELSON, City Solicitor Approved Adopted {,��{ ��, 1939. CouncilTen: L ` Councilman Van Duelman moved that the recommendation of City Solicitor li Nelson be approved and that a warrant- in the amount in the amount of $45.50 be ordered drawn in favor of Joseph E. Maher as settlement in full of his per- sonal injury claim caused in falling upon an icy sidewalk on the West side of Mt. Pleasant Avenue in front of 1421 Mt. Pleasant Avenue. Said warrant to be de. livered upon the execution of a receipt and release by the claimant Joseph E. Maher. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas —Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Attest. --_ 1 V-- _ v City Clerk. There being no further business, Coun- cilman Clark moved to adjourn. Seo- eli onded by Councilman Van Duman. Carried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. J. J. SHEA, City Clerk. 148 Special Session, May 22, 1939 City Council (Official) Special Session, May 22nd, 1939 Council met at 5:30 P. M. Present—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Whar- ton, City Manager Rhomberg. Meeting called by order of Councilmen Clark and Wharton. Mayor Murphy read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of considering bids sub- mitted for the furnishing and deliver- ing of one gasoline engine and motor driven deep well pump unit, also for the construction of a cast iron water main from new well No. 7 to connection with existing mains, and also for the con- struction of a well house, and acting on any other business as may properly come before a regular meeting of the City Council. Communication of Mrs. Adeline Muse. man, Chairman of Parade Committee, ex- tending invitation to the Honorable Mayor and members of the City Coun- cil to take part in the Memorial Day Parade, presented and read. Council- man Van Duelman moved that the invi. tation be accepted. Seconded by Coun- cilman Wharton. Carried by the fol. lowing note: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duel - man, Wharton. Nays—None. Proof of publication, certified to by the publishers, of the notice to pump manufacturers of the receipt of bids for the furnishing and delivering of one gas- oline engine and electric motor driven deep well pump unit, presented and read. Councilman Van Duelman moved that the proof of publication be received and filed. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas —Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. May 22, 1939 To the Honorable Mayor and City Conucil, Dubuque, Iowa. Gentlemen: Pursuant to your instructions sealed bids were received at 10:00 o'clock A. M. May 22nd, 1939, for the furnishing of a deep well turbine pumping unit for the newly drilled No. 7 Well. Three bids were received as outlinedon the at. tached tabulation. The bid of the Stand- ard Power Equipment Co. wis invalid be. cause a water lubricated pump is offered and the specifications provide that oil lubrication must be furnished, leaving two valid bids. We recommend that all bids for the deep well turbine be rejected for the reason that in our opinion maximum pos. sible competition was not obtained due to issuance of an addendum to the speci. fications at the request of a number of prospective bidders as late as last Sat. urday, May 20th. We further recommend that bids be readvertised for a deep well turbine pump, with a one year guarantee on efficiency and that a separate bidding item be made of the pump installation. In our opinion such a set-up would in. vite greater competition and effect great. er economy. Respectfully submitted, WATER DEPARTMENT CITY OF DUBUQUE A. A. RHOMBERG, City Manager. J. J. HAIL, Superintendent. Councilman Clark moved that the rec- ommendation of City Manager Rhom- berg and Water Supt. Hail be approved. Seconded by Councilman Wharton. Car- ried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Proof of publication, certified to by the publishers, of the notice to plumbing contractors of the receipt of bids for the construction of a cast iron water main from new well No. 7 to connection with existing mains, presented and read. Coun- cilman Thompson moved that the proof of publication be received and filed. Sec- onded by Councilman Clark. Carried by the following vote: Yeas—Mayor Mur- phy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. May 22, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your instructions sealed bids were received at 10:00 o'clock A. M. on May 22, 1939, for the installation of a 16" water supply line from the New No. 7 well to the existing piping at No. 5 Well. Two bids were received as shown on the attached tabulation. We recommend the award of Contract No. 8 for the above work to the Thomas Flynn Coal Company for the sum of ,$4,- 917.72, this bid being the lowest and best received. Respectfully submitted, CITY OF DUBUQUE, IOWA. WATER DEPARTMENT, A. A. RHOMBERG, City Manager. J. J. HAIL, Superintendent. Special Session, May 22, 1939 Councilman Clark moved that the rec- ommendation of City Manager Rhomberg and Water Supt. Hail be approved. Sec- onded by Councilman Van Duelman. Carried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 78-39 BE IT RESOLVED by the City Council, of the City of Dubuque, Iowa: WHEREAS the City of Dubuque, of the County of Dubuque, and State of Iowa pursuant to an advertisement for bids on the installation of the Supply Main from Well No. 7 to existing pipe line, heretofore published on the 5th and 12th day of May, 1939, did on the 22nd day of May, 1939, at ten o'clock at the City Clerk's office, in the City Hall, in Dubuque, Iowa, receive bids for the installation of the Supply Main from Well No. 7 to existing pipe line, which said bids were taken under advise- ment of the City Council. WHEREAS, the base bid of Thos. Flynn Coal Company, Dubuque, Iowa, for the installation of supply main is the lowest and best bid submitted by any re- sponsible bidder; on evaluation basis, and whereas present estimated cost is: 1. Preliminary -------------$ 500.00 2. Land and Right of Way__ .00 3. Construction ----------- 157,617.04 Previous Contracts Awarded Contract No. 1 Well -------- $19,977.70 Contract No. 2 Reservoir ----- 38,365.00 Contract No. 3 Pumping Unit_ 11,275.00 Contract No. 4 Add. to Pump- ing Station -------------- 53,984.16 Contract No. 5 Heating and Plumbing ---------- 14,897.46 Contract No. 6 Electrical Work ------------------ 1,200.00 r � y 149 NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, that the contract for the installation of the Supply Main from Well No. 7, as Contract No. 8, in the amount of $4,917.72 be awarded to Thos. Flynn Coal Co. of Dubuque, Iowa. PROVIDED, HOWEVER, that this award shall not be effective until THOS. FLYNN COAL COMPANY shall have been notified in writing by the City Man- ager of such award. Contract Tentatively Awarded May 22, 1939 Contract No. 8 Supply Main from Pump House ---------- $4,917.72 Estimates on the Contracts to Be Awarded at Later Date Estimate No. 7 Deep Well Tur- bine Pumping Unit_ ------ $10,000.00 Estimate No. 9 Well House-- 3,000.00 4. Engineering ------------$ 8,500.00 5. Legal and Administration_ 6. Interest --------------- .00 7. Miscellaneous ---------- .00 Total Estimate of Con- struction Costs ----------- $166,617.04 Funds Available PWA Grant $ 67,500.00 City of Dubuque Funds Dept. -102,500.00 $170,000-00 BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity become effective from and after its final passage and adop- tion by the City Council. Approved and ordered placed on file for public inspection for at least one week on May 22nd, 1939. Councilman Van Duelman moved that the resolution be approved and placed on file for public inspection for at least one week. Seconded by Councilman Whar- ton. Carried by the following vote: Yeas —Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Proof of publication, certified to by the publishers, of the notice to general con- tractors of the receipt of bids for the construction of a well houes, (including pump piping and building construction complete,) presented and read. Council- man Clark moved that the proof of pub- lication be received and filed. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Mur- phy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. May 22, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your instructions sealed bids were received at 10:00 o'clock A. M., Mays 22nd, 1939, for the construction of a Well House on Lot 503, Ham's Addi- tion. Two bids were reecived as outlined on the attached tabulation. We recommend that all bids for the above work be rejected for the reason that in our opinion maximum possible petition was not obtained installation ue he i - clusion of the PUMP construction con - part of the building tract. We further recommend that bids be readvertised for the construction of the well house, and that a separate biddi ng item be made of the pump 150 Special Session, May 22, 1939 In our opinion such procedure will pro- mote greater competition and effect an economy. Respectfully submitted, WATER DEPARTMENT, CITY OF DUBUQUE, IOWA. A. A. RHOMBERG, City Manager. J. J. HAIL, Superintendent. Councilman Clark moved that the rec- ommendation of City Manager Rhomberg and Water Supt. Hail be approved. Sec- onded by Councilman Thompson. Car- ried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 79-39 BE IT RESOLVED by the City Coun- cil of the City of Dubuque, State of Iowa, as follows: (1) That it is deemed advisable and for the best interest of said City of Du- buque, that the contract between the said City of Dubuque, and C. W. Varner, Contractor, covering the work on Docket No. Iowa -1684-F be changed as is out- lined on the attached Request for Pro. posal. (2) That the proposal of said con- tractor covering the change is hereby approved and accepted. (3) That the contract price will be decreased in the sum of TWO HUN. DRED AND FOUR DOLLARS AND SIXTY CENTS ($204.60). (4) That such acceptance of the Con. tractor's proposal shall become effective only when a certified copy of this resolu- tion is sent to the contractor by the Ar. chitect Engineer of said City of Du. buque, Iowa. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity become effective from and after its final passage and adoption by the City Council. Passed, adopted and approved this 22nd day of May, 1939, GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Attest: J. J. SHEA, Councilmen, City Clerk. Councilman adoptionof the esolution Duelman a the econd d by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duel - man, Wharton. Nays—None. Resolution No. 80-39 BE IT RESOLVED BY THE CITY COUNCIL of the City of Dubuque, Stara of Iowa as follows: (1) That it is deemed advisable and for the best interest of said City of Du. buque, that the contract between the said City of Dubuque and ANTON ZWACK, INC., Contractor, covering the work on Docket No. Ia.-1684-F be changed as is outlined on the reverse side in the Re• quest for Proposal. (2) That the proposal of said Con- tractor covering the change is hereby ap. proved and accepted. (3) That the contract price will be increased in the sum of Four Hundred Ninety Seven Dollars and twenty-four cents ($497.24). (4) That such acceptance of the Con- tractor's proposal shall become effective only when a certified copy of this reso- lution is sent to the Contractor by the Engineer of said City of Dubuque, Iowa. BE IT FURTHER RESOLVED tha- this resolution being deemed urgent and of immediate necessity become effective from and after its final passage and adoption by the City Council. Passed, adopted and approved this 22nd day of May, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duel - man, Wharton. Nays—None. Resolution No. 81-39 WHEREAS, the City Council of Du- buque, Iowa, has heretofore by resolu- tion No. 107-38 accepted the offer of the United States of America through the Federal Emergency Administration of Public Works to aid in financing the Con- struction of Improvements to Water Works System and Demolition of Old Building as outlined in Iowa Docket No. 1684-F and \VHEREAS, such offer and acceptance is conditioned upon the expenditure of the balance on the part of the City of Dubuque, Iowa, and WHEREAS in the progress of the project it has become necessary and ex. pedient to supplement the funds avail- able for construction purposes in order to insure the completion of the Project Special Session, May 22, 1939 to the satisfaction of the Federal Emerg. ency Administration of Public Works. NOW, THEREFORE, BE IT RE. SOLVED by the City Council of the City of Dubuque, Iowa, that there be and there is hereby appropriated the sum of $7,500.00 from the Water Works General Fund for the purpose of financing the aforesaid construction of Improvements to the Water Works System, and BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to deposit in the First National Bank of Dubuque, Iowa, to the credit of the "Construction Account, Improve. ments to the Water Works System, Dock. et Iowa 1684-F" the sum of $7,500.00 the same to be segregated from all other funds and to be used for no other pur- pose whatsoever. Passed, adopted and approved this 22nd day of May, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Wharton moved the adop- tion of the resolution. Seconded by Councilman Clark. Carried by the fol- lowing vote: Yeas Mayor Murphy, Councilmen Clark, Thompson, Van Duel - man, Wharton. Nays—None. Resolution No. 82-39 171 of the Lagen contract of $5,500.00 has been paid, although payment was due February 1, 1939; that there existi a balance in the Library Building Fund at this time of $4,897.92, which is $602.08 less than the amount needed to pay the Lagen contract; and WHEREAS, theer is now in the hands of the City Treasurer and credited to the Library Fund the sum of $4,752.19; NOW, THEREFORE, BE IT RESOLVED by the City Coun• cil of the City of Dubuque, that subject to the approval of the State Comptroller, there be and there is hereby transferred from the Library Fund of the City of Dubuque to the Library Building Fund of said City, the sum of $602.08, which is now in the hands of the City Treas- urer, and the State Comptroller is hereby petitioned to authorize such transfer. BE IT FURTHER RESOLVED that the collections of delinquent taxes accru• ing in the Library Building Fund during the balance of the fiscal year ending March 31, 1940, be returned to the Li. brary Fund in payment of the above transfer. BE IT FURTHER RESOLVED that when such approval has been received from said State Comptroller that the Auditor and Treasurer adjust their books accordingly. PASSED, ADOPTED AND AP- PROVED this 22nd day of May, 1939. Resolution and application for author- I ity to transfer the sum of $602.08 from the Library Fund to the Library Build- ing Fund of the City of Dubuque. WHEREAS, in June, 1937, the Board of Trustees of the Carnegie -Stout Public Library, entered into contracts with the J. J. Nagle Estate and Louis Lagen et al. for the purchase of the following described real estate: North 17.2' of Lot 658 and South 16.2' of East t/2 of Lot 659 and South Middle 32' of Lot 658 in town (now city) of Dubuque, Iowa, for the total price of $16,000.00, said real estate to be used for the purpose of enlarging library grounds and premises owned by the City of Dubuque: and WHEREAS, pursuant thereto, the City Council, in July, 1937, caused to be lev- ied a tax in the amount of $16,144.00 for the Library Building Fund, said tax to be collected in the year 1938; and WHEREAS, up to May 22, 1939, there has been collected from taxes for the Li- brary Building Fund the sum of $15,- 397.92; and that out of this amount there has been paid upon the Nagle contract the full price of $10,500.00; that no part GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Wharton moved the adop. tion of the resolution. Seconded by Councilman Clark. Carried by the fol- lowing vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Due[* man, Wharton. Nays—None. Resolution No. 83-39 WHEREAS, heretofore application wai filed by the within named applicant for Class "B,, Beer Permit and has received the approval of this Council: and WHEREAS, the premises to be occu. pied by him have been inspected ant found to comply with the ordinances of this City and he has filed a proper bond. NOW, THEREFORE, BE IT RESOLVED by the Council o!' the City of Dubuque that the Manage, be and he is hereby ndtBeeruP" the following named person a mit. 152 Special Session, May 22, 1939 Class "B" Permit NAME ADDRESS W. F. Trimpler (Transfer of address from 210 W 5t 2400 Central Ave. BE IT FURTHER RESOLVED that the bond filed by such applicant be and the same is hereby approved. Passed, 'adopted and approved this 22nd day of May, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Clark moved the adoption of the resolution. Seconded by Council- man Wharton. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Whar- ton. Nays—None. Resolution No. 84-39 BE IT RESOLVED by the City Coun- cil of the City of Dubuque, Iowa. WHEREAS. the total project costs on PWA Docket Iowa 1684-F for Improve- ments to Waterworks System and Demoli- tion of Old Building are now estimated to exceed the original estimated project cost of $150,000.00, as indicated below in a present estimate of cost: 1. Preliminary .. ___. ._ ___$ 500.00 2. Land and Right of Way _ .00 3. Construction __ 157,617.04 Previous Contracts Awarded Contract No. 1 Well _ - _ $19,977.70 Contract No. 2 Reservoir 38,365.00 Contract No. 3 Pumping Unit _ 11,275.00 Contract No. 4 Addition to Pumping Station __ _ _ _ 53,984.16 Contract No. 5 Heating and Plumbing- _ _ _ 14,897.46 Contract No. 6 Electrical Work 1,200.00 Contract Tentatively Awarded May 22, 1939 Contract No. 8 Supply Main from Pump House __ $4,917.72 Estimates on the Contracts to Be Awarded at Later Date Estimate No. 7—Deep Well Tur- zine Pumping Unit Estimate No. 9—Well House $10,000.00 4. Engineering 3,000.00 5. Legal and Administration 8'500.00 6. Interest -00 7. Miscellaneous - .00 .00 Total Present Estimate of Project Cost - 1 $166,617.04 AND, WHEREAS, the Grant hereto- fore alloted to the City of Dubuque on PWA Docket Iowa 1684-F was in the sum of $67,500.00 as given in Grant Of- fer of Sept. 23, 1938. AND, WHEREAS it now appears that 45% of Project Costs will amount to $74,977.66. NOW, THEREFORE BE IT RE- SOLVED That the Federal Emergency Administration of Public Works be re- quested to increase its Grant on PWA Docket Iowa 1684-F from $67,500.00 to $74,900.00. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity become effective from and after its final passage and adop- tion by the City Council. Passed and adopted this 22nd day of May, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Clark moved the adop- tion of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duel - man, Wharton. Nays—None. Ordinance No. 22-39. An Ordinance amending an Ordinance entitled: "Ordi- nance No. Z7 of the Revised Ordinances of 1919. An Ordinance accepting the grant of certain lands and real estate by the State of Iowa to the City of Du- buque, and dedicating the same as a public park for the ues and benefit of said city, and the inhabitants thereof for- ever", by striking certain parts of the title of said Ordinance and by repeal- ing Paragraph 119, Section 2, and Para- graph 120, Section 3, of said Ordinance, presented and read. Councilman Van Duelman moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Wharton. Carried by the following vote: Yeas — Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Whar- ton. Nays—None. Councilman Van Duelman moved that the rules be sus- pended requiring an ordinance to be read on three separate days. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duel - man, Wharton. Nays—None. The ordi- nance was then read a second time. Coun- cilman Van Duelman moved that the Special Session, May 22, 1939 reading just had be considered the sec. ond reading of the ordinance. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duel - man, Wharton. Nays—None. May 22, 1939. Honorable Mayor and City Council, Dubuque, Iowa. RE: Agreements between City of Du- buque and Chicago, Milwaukee, St. Paul and Pacific R.R. Company Gentlemen: On May 1, 1939, there was referred to me for investigation and report, pro- posed agreement between the City of Du- buque and the Chicago, Milwaukee, St. Paul and Pacific Railroad Company, un- der the terms of which the City of Du- buque is granted a license and permis- sion to construct and maintain a sewer under the right of way and tracks of the railroad company adjacent to properties used in connection with the operation of Dubuque Water Works System. On May 16, 1939, there was referred to me for investigation and report a fur- ther agreement between the City of Du- buque and the Chicago, Milwaukee, St. Paul and Pacific R.R. Company, under the terms of which the City of Dubuque is granted a license to install and main- tain an underground electrical supply line under the right of way and railroad tracks of the railroad company in the same vicinity. I beg to advise that I have examined both of said agreements and find them in due form according to law, and I, therefore, recommend that the Mayor and City Clerk be authorized and directed to execute both of said agreements on be- half of the city. Respectfully submitted, AL J. NELSON, City Solicitor Councilman Clark moved that the rec- ommendation of City Solicitor Nelson be approvdd and that the Mayor and City Clerk be authorized and directed to execute both of said agreements and that warrants in the amount of $1.00 each be ordered drawn in favor of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company to cover the consid- eration mentioned in the agreements. Seconded by Councilman Thompson. Carried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. 153 May 20--�--------- Honorable Mayor and City Council, Dubuque, Iowa. RE: CLAIM OF DANIEL HAAS (by his mother and next friend DORO. THY HAAS) Gentlemen: There has been referred to me for investigation and report by your honor- able body, the claim of Daniel Haas, by his mother and , next friend, Dorothy Haas, filed April 20, 1939, in the sum of $99.00, for personal injuries alleged to have been sustained by the said Daniel Haas, minor, by reason of his being thrown from a bicycle upon which he was riding on West Locust Street, about one block East from Seminary Street, said injuries alleged to have been sus- tained by reason of said bicycle running into a hole on said street, and alleged to have been due to the negligence of the City of Dubuque, and the defective con- dition of the street. I have completed investigation of this claim and find that at the time and place in question there was a defect in West Locust Street at the place of this accident, and that said injuries were sustained as alleged in said claim. The defective condition in this street in my opinion constitutes a culpable de- fect for which the City was liable, and I beg to advise that I have effected com- promise and settlement of this claim for the sum of $87.00, and respectfully rec- ommendthat claim be allowed in that amount, and that upon the execution of receipt and release by her, a warrant be drawn, payable to Dorothy Haas, mother and next friend of Daniel Haas, in the sum of $87.00 in full settlement of said claim. I am returning the claim herewith. Respectfully submitted, AL. J. NELSON, City Solicitor. Councilman Van Duelman moved that the recommendatioenn ofd City yaSolicrant Solicitor Nelson be approved the amount of $87.00 ordered drawn in favor of Dorothy Haas, mother and inxfull1eof theDaniel claimHaas' Dsettlement Haas caused in striking a hole in the street on West Locust etre taboutNone block ra st a from Seminary bicycle, said warrant to be delivered upon the execution of receipt and release d by the said Dorothy the fol- CouncilmVoneClaYea —Mayo by Murphy, lowing son, Van Duel. Councilmen Clark, Ths None. man, Wharton. Nay—None. 1 4 Special Session, May 22, 1939 Communication of The United States Flag. .Association, requesting that the Mavor appoint a Mayor's Flag Week Committee. of which the Mayor shall be Honorary Chairman, and also that the Mavor Issue a Flag Week Proclamation, presented and read. Councilman Clark mo%ed that the request be granted and that the Mayor be authorized to issue a Proclamation and appoint a Flag Week Committee as requested. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Mur- phy. Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. There being no further business, Coun- cilman Van Duelman moved to adjourn. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None, J. J. SHEA, City Clerk, Approved Adopted .1939. ; Councilmen: Attest: Cay Clerk. Regular Session, June 5th, 1939. 155 City Council (Official.) Regular Session, June 5th, 1939. Council met at 8:10 P. M. Present—Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton, City Manager Rhomberg. Mayor Murphy staed 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. Claim of Robert Fitzke in the amount of $25.00 for injuries received by his son, Bobby Fitzke, caused in a fall at the corner of Algona and Delhi Streets, the result of tripping over sev- eral bricks protruding above the nor- mal street level, presented and read. Councilman Clark moved to refer the claim to the City Solicitor for investi- gation and report. Seconded by Coun- cilman Thompson. Carried by the fol- lowing vote: Yeas—Mayor Murphy, Councilmen Clark, 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 following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Attorney John K. Chalmers, repre- senting the Perfection Oil Company, addressed the Council, submitting a verbal request for the vacation of a 4 - foot strip south of their property line and also for the vacation of a 4 -foot strip east of their property line at the intersection of Rhomberg and Lincoln Avenues in order that they may be able to erect gasoline curb pumps to con- form with the Zoning Ordinance. Coun- cilman Wharton moved that the verbal request of John K. Chalmers, Attor- ney, representing the Perfection Oil Company, be referred to the City Coun- cil to view the grounds. Seconded by Councilman Clark. Carried by the fol- lowing vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Petition of Leo Schwind Post No. 508, Veterans of Foreign Wars, re- questing permission to hold a carnival during the week of July 17th to July 22nd, 1939, on the city property ad- joining the Base Ball Park, presented and read. Mr. Arnold Utzig addressed the Council requesting that the prayer of their petition be granted. Council man 'Thompson moved that the request be granted and that the license fee and rental fee be waived. Seconded by Councilman \-an Duelman. Carried by the following vote: Yeas—\favor :\•lurphv, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Mr. Antoth, representing the Osweil- er Van Service, addressed the Council, making inquiry as to what dispositi,oi has been made of their claim for dam - to their truck caused in striking a tree on Merz Street, this claim having heen referred to the Council for con- sideration at a previous meeting. \layor Murphy advised Mr. Amoth that upon the recommendation of the City Solici- tor that the claim had been denied. Communication of \lav Clark, Li- brarian, advising Council that the terms of Dr. James Alderson and \Ir. Frank Huftill expire July 1, 1939, as numbers of the Board of Trustees of the Car- negie -Stout Free Public Library, also the communication of Dubuque 'Trade. and Labor Congress advising C _auncil that they would appreciate the reap- pointment of Mr. Frank Huftill as a member of the Board of 'Trustees of the Carnegie -Stout Free Public U- brary, also the communication of James Alderson advising Council that he would be pleased to accept reappoint- ment as a member of the Board of Trustees of the Carnegie -Stout Free Public Library, presented and read. Councilman Van Duelman moved that Dr. James Alderson and \Ir. Frank Huftill be reappointed as mcmhcr, � f the Board of Trustees of the Carnceic- Stout Free Public Library for a term of six years, said terms expiring July 1st, 1945. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson Van Duelman, Whar- ton. Nays—None. Petition of Rey. Kirchhoff, St. Cath- erine's Parish, Route 4, requesting per- mission to stretch a banner across Main Street between 5th and 6th Streets to advertise a July 4th picnic, presented and read. Councilman Clark moved that the request be granted, the erec- tion of said banner to be done under the supervision of the Building Com- missioner. Seconded by Councilman Van Duelman. Carried by the follow- ing vote: Yeas—Alavor Murphy, Coun- cilmenm Clark, Thompson, Van Duel - man, Wharton. Nays—None. Petition of Jtrs. Sophia Schnee re- questing that the City Treasurer be in- structed to accept the face amount of the Tax Sale Certificate, in the sum of 185.-16, held by the City of Dubuque against Lot 20 of \IcCraney's First Addition, presented and read. Cnun- cilman Clark moved to refer the pctU- tion to the City Manager for ince>ti- port. SCeollde(I by Couu gatiou and re - 156 Regular Session, June 5th, 1939. cilman Thompson. Carried by the fol- lowing vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Petition of Taxi Cab Drivers of Du- buque requesting the City Council to take some action on the City Taxi Cab Ordinance which would benefit the drivers and also the companies, pre- sented and read. Councilman Clark moved to refer the petition to the City Solicitor for investigation and report. Seconded by Councilman Wharton. Carried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Petition of Iowa Children's Home Society, Des Moines, Iowa, requesting permission to hold a tag day on either July 29th or August 5th, 1939, pre- sented and read. Councilman Clark moved that the request be granted, the date being set as July 29th, 1939. Sec- onded by Councilman Thompson. Car- ried by the following vote. Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Petition of A. A. Helling requesting the City Council to view Lot 29 of C. A. Voelker's Addition and insist that the owner of said lot be compelled to remove the trees which constitute a nuisance, presented and read Council- man Wharton moved to refer the peti- tion to the Citv Manager for investiga- tion and report. Seconded by Council- man Clark. Carried by the following vote, Yeas—Mayor Murphy, Council- men Clark, Thompson, Van Duelman, \\'harton. Nays—None. RESOLUTION NO. 82-39 Resolution and aoplication for au- thority to transfer the sum of $602.08 from the Library Fund to the Library Building Fund of the City of Dubuque. \1'FII:REAS, in June, 1937, the Board of Trustees of the Carnegie - Stout Public Library entered into con- tracts with the J. J. Nagle Estate and Louis Lagen et at, for the purchase of the following described real estate: North 17.2' of Lot 658 and South 16.2' of Past '/. of Lot 659 and South Mid- dle 32' of Lot 658 in the town (now city) of Dubuque, Iowa, for the total price of $16,000.00, said real estate to he used for the purpose of enlarging library grounds and premises owned In the City of Dubuque; and \\ If1?RTAS, pursuant thereto, the City Council, in July, 1937, caused to he levied a tax in the amount of $16,- 144.00 for the Library Building Fund , said tax to he co 1938; and llected in the year WHEREAS, up to May 22, 1939, there has been collected from taxes for the Library Building Fund the sum of $15,397.92; and that out of this amount there has been paid upon theNagle contract the full price of $10,500.00: that no part of the Lagen contract of $5,500.00 has been paid, although pay- ment was due February 1, 1939; that there exists a balance in the Library Fund at this time of $4,897.92, which is $602.08 less than the amount needed to pay the Lagen contract; and WHEREAS, there is now in the hands of the City Treasurer and cred- ited to the Library Fund the sum of $4,752.19; NOW, THEREFORE.. Be It Re- solved by the City Council of the City of Dubuque that, subject to the ap- proval of the State Comptroller, there be and there is hereby transferred from the Library Fund of the City of Du- buque to the Library Building Fund of said City, the sum of $602.08, which is now in the hands of the City Treas- urer, and the State Comptroller is here- by petitioned to authorize such transfer. BE IT FURTHER RESOLVED that the collection of delinquent taxes accruing in the Library Building Fund during the balance of the fiscal yea - ending March 31, 1940, be returned to the Library Fund in payment of the above transfer. BE IT FURTHER RESOLVED that when such approval has been re- ceived from said State Comptroller that the Auditor and Treasurer adjust their books accordingly. Passed, adopted and approved this 22nd day of May, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. The above resolution and application having been filed with the State Comp- troller, the transfer requested is ai)- provd this 25th day of May, 1939. C. FRED PORTER, State Comptroller Councilman Clark moved that the ai�- proval of State Comptroller C. Fred Porter be made a matter of record. Seconded by Councilman Thompson. Carried by the following vote: Yeas— Nlayor Murphy, Councilmen Clark, 'ihompson, Van Duelman, Wharton. Nays—None. Regular Session, June 5th, 1939. _ 157 ORDINANCE NO. 22-39, I Paragraph 809, Section 4 An Ordinance amending an Ordi- nance entitled: "Ordinance No. 27 of the Revised Ordinances of 1919. An Ordinance accepting the grant of cer- tain lands and real estate by the State of Iowa to the City of Dubuque, and dedicating the same as a public park for the use and benefit of said Cite. and the inhabitants thereof forever," by striking certain parts of the title of said Ordinance and by repealing Para- graph 119, Section 2, and Paragraph 120, Section 3, of said Ordinance, said ordinance having been passed upon first and second readings on blav 22nd, 1939, presented and read a third time. ORDINANCE NO. 22-39 An Ordinance amending an Ordi- nance entitled: "Ordinance No. 27 of the Revised Ordinances of 1919. Ail Ordinance accepting the grant of cer- tain lands and real estate by the State of Iowa to the City of Dubuque, and dedicating the same as a public park for the use and benefit of said Citv, and the inhabitants thereof forever," by striking certain parts of the title of said Ordinance and by repealing Para- graph 119, Section 2, and Paragraph 120, Section 3, of said Ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: Paragraph 806, Section 1 That the title of an Ordinance of the City of Dubuque, entitled: "Ordinance No. 27. An Ordinance accepting the grant of certain lands and real estate by the State of Iowa to the City of Dubuque, and dedicating the same as a public park for the use and benefit of said City, and the inhabitants there- of forever," be, and the same is hereby amended by striking from said title the following: "And dedicating the same as a public park for the use and benefit of said City, and the inhabitants thereof for- ever." Paragraph 807, Section 2 That Paragraph 119, Section 2 of said Ordinance No. 27 of the Revised Ordinances of the City of Dubuque of 1919, be, and the same is hereby re- pealed. Paragraph 808, Section 3 That Paragraph 120, Section 3 of Ordinance No. 27 of the Revised Or- dinances of the City of Dubuque of 1919, be, and the same is hereby re- pealed. This Ordinance shall be in force and effect ten (10) days from and after its final passage, adoption, and approval by the Citv Council and publication as provided by law. Passed upon first and second read- ings this 221ld day of May, 1939. Passed, adopted and approved upon final reading this 5th day of June, 1931). GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Published officially iii the rele�raph- Herald newspaper on this 7th day of June, 1939. J. J. SHEA, 6-7-1t City Clerk. Councilman Van Duelman moved the adoption of the ordinance. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayer Xlur- phy, Councilmen Clark, Thmnpsm, Van Duelman, Wharton. Nays—N0:1– Proof of publication, certified to by the publishers, of a statement of ceipts and also a list of claims for which warrants were drawn during th- month of April, 1939, presented and read. Councilman Clark moved that the proof of publication be received and filed. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, \Vharton. Nays—None. Dubuque, Iowa, Julie 1, 1939. To the Honorable :Mayor and City Council, Dubuque, Iowa. Gentlemen:— In accordance with the provisions of Chapter 289 of the Code of Iowa, 1935, as amended, the Civil Service Commis- sion conducted an entrance examina- tion on April 18, 1939: for those seek- ing positions on the eligible list for ap pomtment to positions nil the Police Department. The following are those who passel the mental and physical exanlmatimlti with the highest averages. All appoint- ments for positions on the Policy D partment should be mane from thi+ li.t for the period ending April, 1910. Steffen --98q Jerome C. ---- r ri Joseph 1. O>terhoff------9�'." Harold 1. Pinger----------9 -------__9:) liugene F. %10,reeev>• ----- 158 Regular Session, June 5th, 1939. Walter L. Grace -----------93 17o Roberet L. Golden --------- 90/�0 :Merlin J. Lange -----------89Y `70 Maurice F. Germain ----- 873 no John P. Kemps ----------- 86,.4 Earle J. Sowle ------------ 85V17° FRANCIS P. QUINN, M.D., Chairman. W. J. RA\\%SON, C. S. HARKER, Commissioners. J. J. SHEA, Clerk. Subscribed and sworn to before me this 1st day of June, 1939. GERALDINE L. DEMKIER, Notary Public. Councilman Thompson moved that the report of the Civil Service Commis- sion be received and made a matter of record. Seconded by Councilman \\ harton. Carried by the following vote: Yeas—Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton. Nays—None. Dubuque, Iowa, May 26, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: In accordance with the provisions of Chapter 289 of the State Code of Iowa 1933, as amended, Section 5696-d1, the Civil Service Commission conducted a promotional examination, as of April 25, 1939, for those seeking promotions on the Police Department. The following are those who passed with the highest averages. All promo- tions on the Police Department should be made from this list for the period commencing April, 1939, and ending April, 1941. Eligible List for Promotions—Police Department Hugh B. Callahan ___________995' \\'ilfrid J Andresen ---------97`71 John J. Dolan _______________9617, Fred V. Voels ______________9417, Frank M. Matz ______________9317, John Donahue -------------- 91% John A. Brady --------------90%, Albert M. Altman ----------- 8617o 1?d�si❑ A. Whitfield __86io \\•illiam A. Trentz-----------8611 I;ldun \\. Dane-------------85io 1 ercy N. Lucas -------------84170 \\'illiant J. Stratton ________ g2 �° Russell S. Fullerton _____-___81o7a I-:divard A. \\�elu ___ 75%0 Respectfully submitted, FRANCIS P. QUINN, M. D, \\ • J. RAWSON, Chairman. C. S. HARKER, Commissioners. Clerk, Civil Service Commsion. Subscribed and sworn to before nie this 26th day of May, 1939. GERALDINE L. DEMKIER, Notary Public. Councilman Thompson moved that the report of the Civil Service Commis- sion be received and made a matter of record. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton. Nays—None. Dubuque, Iowa, May 26, 1939. To the Honorable 1\Iayor and Cit_v Council, Dubuque, Iowa. Gentlemen:— In accordance with the provisions of Chapter 289 of the State Code of IoNva 1935, as amended. Section 5696-d1, the Civil Service Commission conducted a promotional examination, as of April 27, 1939, for those seeking promotions on the Fire Department. The following are those who passed with the highest averages. All pro- motions on the Fire Department should be made from this list for the period commencing April, 1939, and ending April, 1941. Eligible List for Promotion to Captain —Fire Department Harold H. Cosgrove -------- 911-, William F. Higgins --------- 88 c: John M. Walsh ------------- 741; Eligible List for Promotion to Engineer —Fire Department Ben J. O'Leary ------------ 925c Eldon H. StrArnever ------ 911' Tohn P. Schadle ------------ 90-" Francis R. Henkels--------- 85% Cvril G. Roberts ------------ 831io Martin J. Fury ------------- 83% Ray Henry Slaght --------- 78%, Eligible List for Promotion to Lieuten- ant—Fire Department Mayhew Fred Bennett ------ 100% Chalmers S. Corzine -------- 100"' Fred J. Huftill -------------1000 Martin J. Cahill ------------ 1001"0 Otto T. Larson __________-_100% Ellwood J. Flick ------------98,70 Vincent E. Kluck ---------- 96t7o John W. Goff -------------- 9217o John F. McCann ----------- 91 5', William E. Blaser --------- 90 "0 Patrick M. Casey ----------- 89% Louis J. Donovan ----------- 88'"0 Leo Hallahan -------------- 87''% Chester C. Lorenz ---------- 83` Terence J. Hanley --------- 81', Respectfully submitted, FRANCIS P. QUINN. M. D., Chairman. W. J. RAWSON, C. S. HARKER, Commissioners. J. J. SHEA, Clerk, Civil Service Commission. Regular Session, June 5th, 1939. Subscribed and sworn to before me this 26th day of May, 1939. GERALDINE L. DEMKIER, Notary Public. Councilman Thompson moved that the report of the Civil Service Commis- sion be received and made a matter of record. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton. Nays—None. Dubuque, Iowa, June 5, 1939. To the Honorable Mayor and City Council, City of Dubuque, Iowa. The Local Board of Review appoint- ed by your Honorable Body to equal- ize the taxes for the year 1939 beg to advise that it has completed its work after having been in session from the first Monday in May, 1939. We have had a number of complaints and have made personal investigation in each in- stance. Hereto attached you will find all assessments equalized by the Board. There being no further business the Board has taken final adjournment. Respectfully submitted, E. G. FORWARD, Chairman. J. H. WEIMER, F. J. HICKSON, Members, Board of Review. Attest: J. J. SHEA, Clerk, Board of Review. 159 Rhomberg be approved and that 1\lessrs. Fred Schroeder, Norman J. Kormann and C. I. Krajctvski be ap- pointed as members of a Condenuta- tion Committee to investigate the buildings located at 55, 59 and 61 Hill Street on bots 8, 9 and 10 of Sub. of Min. Lot 68; 1512, 1514, 1528 and 1530 Washington Street on Lots 115 and 116, East Dubuque Addition; 438 to 448 Main Street on City Lot 14; 2666 Lincoln Avenue on Lot 354, Hatn's Ad- dition; 2757 Windsor Avenue on Lot 1 of Burden & Lawther's Addition and to report their findings and recommen- dations back to the City Council. Sec- onded by Councilman Van Duelman. Carried by the following vote: Yeas —Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Councilman Thompson moved that the report of the Board of Review be received and placed on file and that warrants in the amount of $200.00 each he ordered drawn in favor of Eugene G. Forward, Frank J. Hickson and John H. Weimer for services rendered as members of the Board of Review. Seconded by Councilman Clark. Car- ried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. June 5, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen:— Attached are reports of the Building. Health and Fire Departments advising the condemnations of five properties. I recommend that the Council ap- point a condemnation committee of three men to investigate and report their findings and recommendations to the next meeting of the City Council. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Wharton moved that the recommendation of City Manager Annual report of May Mehlhop Clark, Librarian of Carnegie -Stout Free Public Library for the year end- ing March 31, 1939, presented. Coun- cilman Clark moved that the report be received and placed on file. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor .Murphy, Councilmen Clark, Thompson. Van Duelman, Wharton. Nays—None. Annual report of Board of Trustees of Carnegie -Stout Free Public Library for the year ending March 31, 1939, presented. Councilman Clark moved that the report be received and placed on file. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton. Nays—None. CITY OF DUBUUE RESOLUTION NO. 78-39 BE IT RESOLVED by the City Council, of the City of Dubuque, Iowa. WHEREAS, the City of Dubuque, of the County of Dubuque, and State of Iowa, pursuant to an advertisement for bids on the Installation of the Sup- ply Main from \Well No. 7 to existing pipe line, herctoforc published on the 5th and 12th day of flay, 1939, did on the 22nd day of Alay, 1939, at ten o'clock at the Cite Clerk's Office, in the City Hall, in llubugtae, Iowa, re- ceive bids for the in�,tallatton W the Sttftply i\lain from \Well No. 7 to ext- ing pipe line, tile said bids were tak- en tinder advisement of the Citp Coun- cil. \WHF.RI;AS, the ha�c bid of Flynn Coal Company. Duhimlic, Iowa, for the installati„n nt supply main i, bY the lowest and bc•t rl lmi�tlu��ti�n any respon onsibly bidder; 160 Regular Session, June 5th, 1939. basis, and whereas present estimated cost i.: 500.00 1. Preliminary -----------$ UO 2. Land and Right of Way 3. Construction ----------- 157,617.04 Previous Contracts Awarded Contract No. 1 Well --------$19,977.70 Contract No. 2 Reservoir---- 38,365.00 Comract No. 3 Pumping Unit 11,275.00 Contract No. 4 Addition to Pumping Station --------- 53.05-1.16 Contract No. 5 Heating and Plumbing ------------ -- 14,897.46 Contract No. 6 Electrical Work -------------------- 1,200.00 Contract Tentatively Awarded May 22, 1939 Contract No. 8 Supply Main from Pump House --------$4,917.72 Estimates on the Contracts to be Awarded at Later Date 1{aimatc No. 7 Deep Well f urbine Pumping Unit --- $ 10,000.00 ktimate No. 9 Well House 3,000.00 !. 1, nginecring ----------- 8,500.00 Legal and Admiuistra- ti:m--------------------- .00 6. Interest --------------- .00 7. Miscellaneous ---------- .00 Total Estimate of Con- struction Costs --------$166,617.04 Funds Available PWA Grant -------------------$ 67,500.00 City of Dubuque Funds Dept. ------------------- 102,500.00 $170,000.00 NOW, THEREFORE, Be It Re- solved by the City Council of the City of I)ubuque, Iowa ,that the contract for the installation of the Supply \lain from Well No. 7, as Contract No. 8, in the amount of $4,917.72 he awarded to Thos. Flynn Coal Co. of Dubuque, Iowa, PROVIDED, however, that this :ward shall not he effective until Thos. FIYmt Coal Company shall have been notified in writing by the City Manager of such award. BI 1'1' hl?RTHER RESOI,A'F,D that till'; resolution being deente(t ur- t;ent and of immediate necessity, be- come effective from and after its final P:t"age and adoption by the City Coun- cil. \! Pr cd and placed ou file for one week on Nlay 22, 1939. Passed and adopted this 5th day of June, 1939, GI:(). R. 11t-RIlly, Mayor. FRANK \'AN UU['[.\dAN :\I,BERT \\'HARTON, I'. W. THONIPSON, Cuuuci[meu. Attest: 1 • J I f I" \, City Clerk. Councilman Clark .moved the adop- tion of the resolution. Seconded !n• Councilman Van Duelman. Carric(t by the following vote: Yeas—\I hour Murphy, Councilmen Clark, Thomps„ tt Van Duelman, Wharton. N -i. - –N(,;;;,. RESOLUTION NO. 35-39 WHEREA�. it was the expressed in- tent of the City Council to dev,,te a part of the Rafferty Slough area, n•nV known as Industrial Subdivision, to playground purposes as shown in th, Council Record of March 18, 1922: and WHEREAS, it is desirable that Block F. and Lots 1 and 4 of Block E of Industrial Subdivision be devoted to playground purposes: NOW, THEREFORE, Be It Re- solved by the City Council of the City of Dubuque that Block F and Lots 1 and 4 of Block E of Industrial Subdi- vision be set aside and used for play- ground purposes until such time as the use of the above described land for in- dustrial purposes becomes expedient and necessary. Passed, adopted, and approved this 5th day of June, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Clark moved the adup- tion of the resolution. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Nfur- phy, Councilmen Clark, Thompson. Van Duehrtan, Wharton. Nays --None. RESOLUTION NO. 86-39 WHEREAS, applications for Cl, "B" Beer Permits have been submitte'l to this Council for approval and th< same have been examined: NOW, THEREFORE, Be It Re- solved by the Council of the City Dubuque that the following applic , tions be and the same are hereby a' o!•oved and it is ordered that the prep ices to be occupied by such app!iran' :hall be forthwith inspected. Class "B" Permit Nance Address Leo Link and Bw-nice Link. 1 i Central Avenue. A. R. Uppinghouse and Philomii!a UPpinghouse, 238-240 West Sixth Street. Regular Session, June 5th, 193), Passed, adopted and approved this 5th day of June, 1939. GRO. R. MURPHY, :Mayor. FRANK VAN DUELbIAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Clark moved the adop- tion of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. RESOLUTION NO. 87-39 WHEREAS, heretofore applications were filed by the within named appli- cants for Class "B" Beer Permits and they received the approval of this Council; and WHEREAS, the premises to be oc- cupied by them have been inspected and found to comply with the ordi- nances of this City and they have filed a proper bond; NOW, THEREFORE, Be It Re- solved by the Council of the City of Dubuque that the Manager be and he is hereby directed to issue to the fol- lowing named persons a Beer Permit: Class "B" Permit Name Address Leo Link and Bernice Link, 1.487 Central Avenue. A. R. Uppinghouse and Philotuina Uppinghouse, 238-240 West Sixth Street. Mrs. Margaret O'Brien (Transfer of address from 212 West First Street), 338 Main Street. BE IT FURTHER RESOLVED that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 5th day of June, 1939. GEO. R. MURPHY, \lavor. FRANK VAN DUEL\iAN, ALBERT WHARTON. CARL A. CLARK, F. \\'. THOMPSON, Councilmen. Attest: J. J. SHEA, Citv Clerk. Councilman Van Duelman moved till adoption of the resolution. Seconder by Councilman Clark. Carried by tilt following vote: Yeas—'Mayor \lurphy Councilmen Clark, Thompson, \'at Duelman, Wharton. Nays—None. 161 Resolution No, 88-39, preliminarr approval of plans, specifications, form of contract, cost of improvement for the furnishing and installation of a Deep Well Turbine Pump, presented and read. Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Clark. Carried iw the following vote: Yeas—blavor \lurphy, Councilmen Clarl<, 'I'hompann, \-an Duelman, Wharton. N av .<—N one. RESOLUTION NO. 89-39 WHEREAS, the City Council of the City of Dubuque, Iowa, has by resolu- tion No. 88-39 given its preliminary ap- proval on the proposed plans, specifi- cations and form of contract, and esti- mated cost of improvement, and placed same on file in the office of the City Clerk for public inspection, for the fur- nishing of a Deep Well Turbine Pump, at Lot 503, Ham's Addition, northeast corner of Shiras and Lincoln Avenue. BE IT rHERLFORr, RE- SOL\'ED that on the 2211d day of June, 1939, a Public Hearing will be held at 7:30 o'clock P. M. in the Council Chamber in the City of Dubuque, at which time the taxpayers may appeal- and ppearand make objection to the proposed plans and specifications and proposed form of contract, to the cost of the im- provement, and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing; to be published 10 days before said hearing in official newspaper published in the City of Dubuque, at which hear- ing the Council will hear any objections and enter on record its final decision thereon. Passed, adopted and approved this 5th day of June, 1939. GEO. R. \iLTRPHY, mayor. FRANK VAN DUELNIAN, ALBERT WHARTON, CARL A. CI,ARK, F. \\•. 1'Ht)JIPSON, Councilmen. Atte>t: J. J. SHEA, City Clerk. Councilman Van Duelman mover) til,, adoption of the re>olution. Seconded b>• Grtmcilntan Wharton. Carrier! 1)"the folloxvin" Vote; 1•ea,—Mayor %hr - phv, Councilman Clark, 'rhonip—r. \'an Duelman, \\ h u b,n. Nay,—N " t'. RESOLUTION NO. 90-39 by tilt' Cit- Co"111Jl :,f thr Cite ofUubu,luc, I"t'• �, th,;t put'>u:tnt to a Resolution No. 8i•.l' . chiih ��as dulc pa -ed by thi> C,uutri, tilt' furri hies of 't Deep Well 'i'tr. 162 Regular Session, June 5th, 1939. bine Pump, at Lot 503, Ham's Addi- tion, northeast corner of Shiras and Lincoln Avenue: Be and the same is hereby ordered furnished by this Council upon its own motion and with or without the peti- tion of property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvement be paid for by 45110 P. W. A. Grant and balance from City Water Department Funds. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the construction of the various improvements herein provided for in the manner provided by law, the said improvements shall be completed within 90 consecutive calendar days from the date of commencement, which shall be specified in a written order by the City Manager. BE IT FURTHER RESOLVED that this resolution being deemed ar- gent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 5th day of June, 1939, GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton.Nays—None. Resolution No. 91-39, preliminary ap- proval of plans, specifications, form of contract and cost of improvement for tine construction of a Well House, pre- sented and read. Councilman Van Ducl- man moved the adoption of the reso- lution. Seconded by Councilman Clark. Carried by the following vote: Yeas— Mayor Murphy. Conncilamcn Clark, I'hnmpsoln, Van Duchnan, \Vharton. Nav%—None. RESOLUTION NO. 92-39 \\'Hf?REAS, the City Council of the City of Dubuque, Iowa, has by Reso- lution No. 91-39 given its preliminary approval on the proposed plans, speci- fications and form of contract, and es- timated cost of improvemnt, and placed same on file in the office of the City Clerk for public inspection, for the c(in- struction of a Well House, at Lot 503, Hams Addition, northeast corner of Shiras and Lincoln Avenue; BE IT THEREFORE RE- SOLVED that on the 22nd day of June, 1939, a Public Hearing will be held at 7:30 o'clock P. M. in the Coun- cil Chamber in the City of Dubuque, at which time the taxpayers may appear and make objection to the proposed plans and specifications and propo�erl form of contract, to the cost of the improvement, and the City Clerk be and he is hereby directed to ause a notice of the time and place of such hearing to be published 10 days before said hearing in official newspaper pub- lished in the City of Dubuque, at which hearing the Council will hear any ob- jection and enter on record its final decision thereon. Passed, adopted and approved thi, 5th day of June, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN. ALBERT WHARTON. CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved tine adoption of the resolution. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy. Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. RESOLUTION NO. 93-39 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, That pursuant to a Resolution No. 91- 39, which was duly passed by this Council for the construction of a Well House, at Lot 503, Ham's Addition, northeaest corner of Shiras and Lin- coln Avenue; Be and the same is hereby ordered constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accord- ance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOL\'h.I-) that the cost and expense of said inn- provement be paid for by 45c" P*W' =\• Grant and balance from City \l atcr Department Funds. Regular Session, June 5th, 1939. i 163 BE IT FURTHER RESOLVED that the City Clerk: he and he is hereby ordered and directed to advertise for proposals for the construction of the various improvements herein provided for in the manner provided by law, the said improvements shall be completed jyithin 75 consecutive calendar days from the date of commencement, which shall be specified in a written order by the City -Manager. BE IT FURTHER RESOLVED that this resolution being cleennecl ur- gent and of immediate necessity shall be in force and effect from and aft•:,- its passage and adoption by the City Council. Passed, adopted and approved this 5th day of June, 1939. GEO. R. MURPHY, Vayor. FRANK VAN Dt'I LMAN, ALBERT WHAR'ION, CARL A. CLARK, F. W. THOMPSO\, Councilmen. Attest: J. J. SHEA, City Clerk- Councilman lerk Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor \luri)hy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. RESOLUTION NO. 94-39 A resolution authorizing the City Manager of Dubuque, Iowa. to suhnnit additional information to the Federal Administration of Public Works coc- ering a supplementar• grant on P. \V. A. Docket Iowa 168-4-F: WHEREAS, the City Council of the Citv of Dubuque, Iowa, has heretofore in Reseolution No. 84-39 requested the Federal Emergency Administration of Public Works to increase its Grant on P. W. A. Docket Iowa 1684-F from $67,500.00 to $74,900.00; and WHEREAS, it is expedient and nec- essary thatthe City furnish additional information citing reasons why supple- mentary funds are necessar : NOW, THEREFORE, Be It Re- solved by the City Council of the Cit}- of Dubuque, Iowa, that the City :Man- ager be and he is hereby authorized and directed to furnish all necessary information to the Federal Emergency Administration of Public Works in support of the application for an in- crease of the Grant on P. W. A. Docket Iowa 1684-F from $67,500.00 to 574,- 900.00. Pasted, adopted and approved this th clay of June, 1939. GEO. R. ML-RPHY, Mayor. FRANK VAN DL'EL\l:\\, ALBERT \VHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA. City Clerk. l", r:uiimtn \ an Duelman m ped the ac oi't)tn of the resolution. �ecornuled C ,,ncii pan '1'hrnnp.:m. Carried h.• " rote: Yeas—Mayor Mur- i"hy. Councilnnen Clark. 'Thompson, Van llue'ntan, \\ harton. Nays—None. June 5, 1939• Honorable Mayor and City Council. Dubuque, Iowa. G,ntlemen:— I =uhnlit to coil her( vwitlt f -.r ad m - tion h}- your Honorahle F,r,dc two or- dinances repealing Ordinances Nos. 23 and 2-t of the Revised Ordinances of 1919. Ordinance No. 23 relates to the hath - Ing )each comnnission and detio°s t,o- nowers and ditties of this conunission and provides for the m,uia"'ennent of public fear) or beaches h_c said com- mission. This rn rlinaner v. as never r, - pealecl after the change of our forst of government in 1920 but has been i,,- norc•d and no commission has ever been appointed since that time so f,u- a, I have been able to ascertain. It ap- pears to me that all of the functions of thi; conunission are now exercised by our recreational commission to whou, has been given the supervision of the swimming pool. Ordinance No. 2.1 relates to the ap- pointment of a levee improvement conn- mittee and defines its duties and pow- ers and provides for the furnishing of bond by members of the commission. ']•his ordinance has never been repealed or changed in ani, way since the change in our form of government and it ap- pears to one that the duties of the conn– rnnission as set out in the ordinance are now being perforuucl 1,}- the dock annn- mission. I would respectful]}- reconunend both of the ordinances transmitted herewith he adopted in „rder that ordinance, 23 and 24 may be repealed before the publication of the new revised ordi- nances of the City. Resllectfulh submitter], NI?LSttN, Cit\- 164 Regular Session, June 5th, 1939. Councilman Clark moved that the recommendation of City Solicitor Nel- son be approved. Seconded by Coun- cilman Thompson. Carried by the fol- lowing vote: Yeas—Mayor 'Murphy, Councilman Clark, Thompson, Van Duelman, Wharton. Nays—None. Ordinance No. 23-39. An ordinance repealing an ordinance entitled: "Or- dinance No. 24. An ordinance relating to the appointment of the Levee Im- provement Commission of the City and defining its duties and powers," pre- sented and read. Councilman Van Duelman moved that the reading just had be considered the first reading of the ordinance. Seconded by Coun- cilman Clark. Carried by the follow- ing vote: Yeas—Mayor Murphy, Coun- cilmen Clark, Thompson, Van Due! - man, Wharton. Nays—None. Coun- cilman Van Duelman moved that the rules be suspended requiring an ordi- nance to be read on three separate clays. Seconded by Councilman Whar- ton. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. The ordinance was then read a second time. Council- man Van Duelman moved that the reading just had be considered the sec- ond reading of the ordinance. Second- ed by Councilman Clark. Carried by the following vote: Yeas—Mayor Mur- phy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Ordinance No. 24-39. An ordinance repealing an ordinance entitled: "Or- dinance No. 23. An ordinance relating to the appointment of the bathing beach commission, defining its duties and powers, and providing for the man- agement of the public bathing beach car beaches," nresented and read. Coun- cilman Van Duelman moved that the reading just had be considered the first r^:cling of the ordinance. Seconded by Councilman Clark. Carried by the fol- lowing vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Councilman Van Duelman moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Councilman Clark. Carried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton, Nays—None. The ordinance was then read a second time. Councilman Van Duelman moved that the reading fust had be considered the second reading of the ordinance. Seconded by Coun- rilman Clark. Carried by the follow- ing vote: Yeas --Mayor Murnhv. Councilmen Clark, Thompson, Van Duelman, Wharton. 1Vays—None. There beim* no further business Councilman Van Duelman moved to adjourn. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton. Nays—None. J. J. SHEA, gqCity Clerk. Approved _-- �70-A-1939. Adopted =��' _�Q� 1939, � G�------ f ��L �vl ✓YL(,�i Councilmen; r' Attest: f Citv Clerk Special Session, June 22nd, 1939. City Council (O fficial.) Special Session, June 22nd, 1939. Council met at 3:15 P. DI. Present—Mayor .Murphy, Council- men Clark, Thompson, Van Duelman, Wharton, City Manager Rhomberg. Meeting called by order of Council- men Clark and Thomps n. call and Mayor Murphy read stated that service thereof had been duly made andhat oe of conducting la is called for the purpose public hearing upon the plans and specifications, form of contracts, and cost of improvements, also for consid- for the ing Wsubmitted WorksImprovements: mp ° ementsollow- No. 1—Furnishing of a Deep Well Turbine Pump at Lot 503, Ham's Ad- dition on the northeast corner of Shiras and Lincoln Avenues, estimated cost $10,000.00; No. 2—Construction of a Well House at Lot 503, Ham's Addition, on the northeast corner of Shiras and Lincoln Avenues, estimated cost $4,000.00; Such other business will be acted upon as may properly come before a regular meeting of the City Council. Proof of publication, certified to by the publishers, of the official notice for the holding of a public hearing upon the plans and specifications, form of contracts, and cost of improvements, for the furnishing of a Deep Well Tur- bine Pump at Lot 503, Ham's Addi- tion, on the northeast corner of Shiras and Lincoln Avenues, estimated cost $10,000.00, and for the construction of a Well House at Lot 503, Ham's Addi- tion, on the northeast corner of Shiras and Lincoln Avenues, estimated cost $4,000.00, presented and read. No writ- ten objections filed and no one present in the Council Chamber offering objec- tions. Councilman Clark moved that the proof of publication be received and filed. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Council- man Clark, Thompson, Van Duelman Wharton. Nays—None. RESOLUTION NO. 95-39 WHEREAS, proposed plan, anct specifications and form of contract, for the furnishing of a Deep Well Turbine Pump, at Lot 503, Ham's Addition, northeast corner of Shiras and Lincoln Avenue; have been approved by the City Council of the City of Dubuque, and public notice given as provided by Chapter 23 of the Code of Iowa, 1935, Pertaining to public contracts and 165 )onds, and the time and place fixed for she hearing of all objections to said >lans, specifications or contract for cost )f such improvements, said time being this 22nd day of June, 1939; and WHEREAS, the City Council met n Special Session this 22nd day of June, 1939, at 7:30 o'clock P. M. at the Council Chamber in the Cit_v Hall for the purpose of hearing all interested Parties and considering any and all oh- jections which have been filed to the proposed plans, specifications or con- tract for or cost of the improvement herein described and proposed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly neighed and considered; NO\V, THEREFORE, Be It Re- solved by the City Council of the City of Dubuque, that all objections which have been made and filed to the plan;, specifications, contract for or cost of said improvement herein described and proposed to be made, be and the same are hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopt- ed. BE IT FURTHER RESOLVED that this resolution containing the deci- sion of this Council upon all objecetions which have been filed to the plans, specifications and form of contract for or cost of said improvement be made a matter of permanent record in connec- tion with said improvement. Passed, adopted and approved this 22nd day of June, 1939. GEO. R. MURPHY, :Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the by Co ncilmaof ne Clark.utiCarri de by dthe following vote: Yeas—Mayor Mur- phy, Councilmen Clark, 'Thompson, Van Duelman, NVharton. Nays—NoOe• Proof of publication, certified to by the publishers, of the official notice to Pump Manufacturersof themeaeiptiof bids for furnishing, )11one gasoline engine tricn of rdriven deepwell pump n} unit, presented and read. Councilman Clark moved that the proof of publi- cation be received and filed. Seconded l,v Councilman Thompson. ea arrieds—M`or by the following Murphy, Ccnuicdmen Clark. Thompson, Van Duelman, Wharton. tia% —None. 166 Special Session, June 22nd, 1939. June 22, 1939. The Honorable \layor and :liembers of the City Council. Gentlemen:— Pursuant to your instructions scaled bids were received until 10:00 A. NI. June 22, 1939, for the furnishing and installing of a New Deep Well Tur- bine Pump, otherwise known as Con- tracts No. 7A and 7B of P. W. A. Docket Iowa 1684-1,'. Four proposals were received of which two, in our opinion, are disqualified for the reason that they refused to guarantee the pump efficiency for a period of one year as provided by the specifications. This ,;uarantee provision is a very impor- tant feature and was incorporated in the specifications only after consider- able study and consultation with the !`%,"A officials. Attached is a copy of the tabulation ,,f hid, We reconnnend that Contracts 7.1 and 713 combined for furnishing nd installing a New Deep Well Tur- ,;:w Pump be awarded to the A. Y. IcD,mald Jlfg. Co, of Dubuque, Iowa, at their bid price of Nine 'Thousand Nine Hundred Ninety -Eight Dollars ($9,998.00) such bid being the lowest and best received in accordance with the specifications. Respectfully submitted, A. A. RHOMBERG, City Manager J. HAIL, Supt. of Nater Dept. Coauicilmau Van Duelman moved that the recommendation of City Man- ager Rhonuberg and Funerintendent of Water Department Hail be approved. Seconded by Councilman Wharton. Carried by the following vote: Yeas- -�Iayor Murphv. Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 96-39. Awarding the contract for the furnishing and install- ing of a Deet) Well Pumping Unit to the A. 1•. 1IcDonald Mfg. Co., pre- sented and read. Councilman Clark moved that the resolution be approved and placed on file for public inspec- tion for at least one week. Seconded by Councilman Thompson. Carried by the following vote: Yeas—�i:;;or \lurphy, Cotuu•ilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. RESOLUTION NO. 97-39 lans and specifications anproposed� dform of contract for the construction of a Well House, at Lot 503 Ham's Addition, northeast corner of Shiras and Lincoln Avenue; have been approved by the City Coun- cil of the City of Dubuque and Colic notice given as provided by Chapter 23 of the Code of Iowa, 1935, pertaining to public contracts and bonds, and th, time and place fixed for the hearing of all objections to said plans. specincau- tions or contract for cost of such im_ provements, said time being this 22nd day of June, 1939; and WHEREAS, the City Council m<t in Special Session this 22nd day of June, 1939, at 7:30 o'clock P. M. at the Council Chamber in the City Hall for the purpose of hearing all interested parties and considering any and all oh- jections which have been filed to the proposed plans, spr-cifications or con- tract for or cost of the improvement herein described and proposed t(� l: made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered; NOW, THEREFORE, Be It P,,, - solved by the City Council of the Cit: of Dubuque, that all objections which have been made and filed to the specifications, contract for or cell said improvement herein descrihed :ori.. proposed to be made. be and the sam: are hereby overruled and such nlan<, specifications and form of contra; t heretofore approved are hereh}• adopt- ed. BE IT FURTHER RESOLN'1;'� that this resolution containing the d,-i- sion of this Council upon all objections which have been filed to the pian-, specifications and form of contract for or cost of said improvement be made a matter of permanent record in com- nection with said improvement. Passed, adopted and approved this 2211d day of June, 1939. GEO. R. MURPHY, lT•uvor. FRANK VAN DT-FT\TA\1', ALBERT WHARTON. CARL A. CLARK. F. W. THOMPSON, Councilmen. Attest: J. J. SHEA', City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconde(' by Councilman Clark. Carried by the following vote: Yeas—Alavor Nltir- nhy, Councilmen Clark. Thompson. Van Duelman, Wharton. Nays—None. Proof of publication, certified to by the publishers, of the official notice to General Contractors of the receipt of bids for the construction of a Well Pump House presented and read. Councilman Clark moved that the proof of publication be received and filed. Seconded by Councilman Thomf,soai. Carried by the following vote: Yeas— 'layor 'Murphy, Councilmen Clark, Thompson, Van Duelman, Whart,m. Nays --None. Special Session, June 22nd, 1939. June 22, 1939. The Honorable Mayor and Members of the City Council. Gentlemen:— Pursuant to your instructions sealed bids were received until 10:00 A. M. June 22, 1939, for the construction of a Well House, otherwise known as Contract 9 of P. W. A. Docket Iowa 1684-F. Attached is a copy of the tabulation of the three bids received. No irregu- larities or informalties were noted in any of the bids. We recommend that Contract 9 for the construction of a Well House be awarded to the Thos. Flynn Coal Co. of Dubuque, Iowa, at their bid price of Four Thousand Six Hundred Fiftv Dollars ($400.00), such bid being the best and lowest received. Respectfully submitted, A. A. RHOMBERG, City Manager. J. J. HAIL, Supt. of Water Department. Councilman Van Duelman moved that the recommendation of City Man- ager Rhomberg and Superintendent of Water Department Hail be approved. Seconded by Councilman Wharton. Carried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 98-39. Awarding the contract for the construction of a Well House to Thos. Flynn Coal Co., presented and read. Councilman Clark moved that the resolution be approved and placed on Ile for public inspection for at least one week. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Councilman Clark, Thompson, Van Duelman, Wharton. Nays—None. Warranty Deeds of C. P. Lagen and Eugenie Lagen, husband and wife, Louis J. Lagen, unmarried, and Admin- istrator's Deed of M. H. Czizek, Ad- ministrator of the Estate of Joseph T. Lagen, Deceased, together with an Ab- stract of Title, conveying the South Middle 32 feet of Lot 658 in the Town (now City) of Dubuque, Iowa, to the City of Dubuque for use of Carnegie - Stout Public Library, presented. Coun- cilman Van Duelman moved that the ')eeds and Abstract of Title be re- ferred to the City Solicitor for investi gation and report. Seconded 1>y Coun- cilman Clark. Carried by the follow- itlg vote: Yeas—Mayor 14Surphy, Cuuncilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Notice of Claim of Mrs. Carl :Mailer in the amount of $200.00 for personal injuries received in stepping off the 167 urb at the southwest corner of Fif- eenth and Iowa Streeets onto the ewer grate the heel of her shoe caught n said grate causing her to fall for- vard, presented and read. Councilman Chompson moved that the Notice of �laim be referred to the City Solicitor or investigation and report. Seconded )y Councilman Clark. Carried by the ollowing vote: Yeas—Jiavor 3fur- )hy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Notice of Claim of Floyd Roth in the amount of $7.50 for damages to nis car caused in having the front right fender and running board caught on the manhole cover which stuck out from the curb in front of the State Theatre, presented and read. Council- man Van Duelman moved to refer the Notice of Claim to the City Solicitor for investigation and report. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, \Vharton. Nays—None. Notice of Claim of R. J. Byam in the amount of $13.23 for damages received to the windshield of his car while driv- ing past the Municipal Ball Park caused by a foul ball driven from in- side of the ball park striking the wind- shield of his car, presented and read. Councilman Thompson moved to refer the Notice of Claim to the City Solici- tor for investigation and report. Sec- onded by Councilman Clark. Carried by the following vote: Yeas—:Mayor Murphy, Councilmeen Clark, Thomp- son, Van Duelman, Wharton. Nays— None. Communication of Dr. James Alder- qon thanking the Council for his re- appointment to the Board of Library Trustees, presented and read. Coun- cilman Clark moved that the communi- cation he received and filed. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—'Mayor Murphy, Councilmen Clark, Thompson. Van Duelman, \Vharton. Arays—None. Communication of Dubuque Trades -,nd Labor Congress thanking Council for the use of City Lot holdingourth treet Extensr ion their carnival, presented and read. Councilman Clark ,loved that the com- munication he received and filed. Sec- onded 1>y Councilman Van Duelman. Matvorl ly the -Murphy following vote: Yeas— Clark, Thompsorr. Van Duelman, Wharton. Nays—None. Cornunrnication of Dubuque 'Trades and Labor Cwigress submitting the name of 11 r. Joe Conley for appoint- ment as a member of the Board of Li - bran T ustee", Pre-nted and reed. Councilman \Vharton nnn•ed that +he conununiratinn hr recciyerl and filed. 168 Special Session, June 22nd, 1939. Ca ;;c•; ,nded by Councilman Clark. 'ote, Yeas— r- 'i"d ouncilmaClark.Yeasr- ri^d b;: the following Councilmen Clark, Mayor Murphy, Thompson, Van Duelman, Wharton. Nays—None. Communication of Henry Bitter, Chairman Americanism Committee, lost No. 6, American Legion, extend - g thank:; to the City Manager and city Council for their cooperation in the holding of the Boys' State Elec- tion, presented and read. Councilman Clark moved that the communication be received and filed. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Mur- phy, Councilmen Clark, 'Thompson, \'an Duelman, NVIlarton. Nays—None. Communication of Ernest Bohn, Chairman of Housing Committee, City of Cleveland, Ohio, requesting that the City of Dubuque adopt a resolution re- questing the Senators and Congress- men of Iowa to join in the early pass- age of "Amendment to U. S. Housing Act of 1937," presented and read. Coun- cibnan Clark moved that the request be granted and the City Solicitor to be in- structed to prepare a proper resolution. Seconded by Councilman 'Thompson. Carried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Communication of the Board of Trustees of the Police and Fire "en- sion Systems certifying the amount of $14,735.00 as the amount necessary for the operation of Police Pension Systefn for the fiscal year beginning April 1, 1940, and ending March 31, 1941, also certifying the amount of $26,763.00 as the amount necessary for the operation of Fire Pension System for the fiscai year beginning April 1, 1940, and end- ing March 31, 1941, presented and read Councilman Thompson moved that the communication be referred to the City Council for consideration at the time the City Council is considering the tax levy for the ensuing year. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Mur- phy, Councilmen Clark, 'Thonn,.nrr, \':cn Duelm:ur, Wharton, Nays—None. Certificate of Board of Trustees of the Dubuque, Iowa, Public Library, certifying the :111,0111't of $30,000.00 as requirements and tax levy for the en- suing year for library purposes, pre- sented and read. Councilman Thomp- III moved that the ("crtilcate of Li- brary Tax Levy be referred to the Citv Council for consideration at the time the Citv Council is considering the tax levy for the ensuing year, Seconded hy' Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy-, Councilmen Clark. Thompson, Van Due!man, Wharton. Nays—None. Communication of the Playgrou ,d and Rrecreation Commission certifying the amount of $17,024.00 as the am )ur.; necessary for the operation of the Piav- ground and Recreation Commission for the fiscal year beginning April 1, and ending March 31, 1941, presented and read. Councilman Thompson moved that the communication be re- ferred to the City Council for consid- eration at the time the City Council i-, considering the tax levy for the ensu- ing year. Seconded by Councilman Clark. Carried by the following vot.: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelnra:;, Wharton. Nays—Nene. Petition of Dubuque Drum a:. Bugle Corps, Dubuque Post No. 6, American Legion, requesting permis- sion to place a banner across Alain Street between 8th and 9th Streets, presented and read. City M anagcr Rhomberg advising Council that he had granted the request due to the fact til.:: no Council meeting was to be he'd i,�- fore the date asked for in the petiti u. Councilman Clark moved that the ac- tion of City Manager Rhomberg ire approved. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton. Nays—None. Petition of J. E. Kemler requesting the Council to make all possible reduc- tions on the assessments levied again.t the East 100 feet of the North 88 feet of Lot 783 of A. McDaniel's Sub., and also against City Lots 281 and 282 a�; she is desirous of handling the red.:: tion of tax sales, presented and r Councilman Thompson moved to rc:, the petition to the City Manager f ;. investigation and report. Seconded by Councilman Clark. Carried by the fol- lowing vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Vail Duelman, Wharton. Nays—None. Petition of Al. J. Boland et al re- questing the installation of a street light at the intersection of Winds••r Avenue and Providence Street, w-e- sented and read. Councilman Van Duelman moved to refer the petition It., the City Manager for investigation and report. Seconded by Councilman Clark. Carried by the following vote: Yeu -- Mayor Murphy, Councilmen Curl<, Thompson, Van Duelman, Wharto,:. Nays—None. Petition of St. Mark's Women's Guild requesting permission to rope otf 12th Street between Locust and B:utL Streets on afternoon and evening o: June 22nd, presented and read. Carr Manager Rhomberg advising Cou:lc:l that he had granted the request due t.' the fact that no Council meeting wa- to be held before the date asked for Special Session, June 22nd, 1939, 169 in the petition. Councilman Clark moved that the action of City Mana- ger Rhomberg he approved. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Mur- phy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Petition of Wm. V. Toepel, General Chairman, Speed Boat Regatta, re- questing permission for the use of the grounds adjacent to the Municipal Ball Park on July 3rd and 4th for the pur- pose of parking cars, presented and read. Councilman Clark moved that the request be granted. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Petition of Mabel -.%[. Dillon Reimann requesting a survey of the sidewalks from Seippel's corner on South Locust Street through Southern Avenue, pre- sented and read. Councilman Thomp- son moved to refer the petition to the City Manager. Seconded by Council- man Van Duelman. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Communication of City Manager Rhomberg submitting attached letter from the Iowa State Highway Commis- sion advising Council that the matter of .planting shrubbery on Lot 1 of 1 of 1 of Mineral Lot 12 will be taken care et in the Fall, presented and read. Councilman Thompson moved that the communication of City Manager Rhomberg be received and filed. Sec - ended by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Council Proceedings for the month of March, 1939, presented for approval. Councilman Clark moved that the Council Proceedings for the month of March, 1939, be approved as printed. Seconded by Councilman Thompson. Carried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Ordinance No. 23-39. An ordinance repealing an ordinance entitled: "Or- dinance No. 24. An ordinance relating to the appointment of the Levee Im- provement Commission of the City and 0.efining its duties and powers, laic ordinance having been passed upon first and second readings on June 1939, presented and read a third time. ORDINANCE NO. 23-39 An ordinance repeaiing an ordi:ranc, entitled: "Ordinance No. 24. An „' dinance relating to the appointment o the Levee Improvement Conunissiol of the City and defining its duties and powers." BE IT ORDAINED BY THE CITY COUNCIL OF THE CIT\• OF DUBUQUE: Paragraph 810, Section 1 That an ordinance entitled: "Ordi- nance No. 24. An ordinance relating to the appointment of the Levee Im- provement Commission of the City an,l defining its duties and powers," be, and the same is hereby repealed. Paragraph 811, Section 2 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 5th day of June, 1939. Passed, adopted and approved t'.ris 22nd day of June, 1939. GEO, R. MURPHY, Mayor. CARL A. CLARK, ALBERT \\'HARTON, F. W. THOMPSON, FRANK VAN DUELNIAN, Councilmen. Attest: J. J. SHEA, City Clerk. Published officially in the Telegraph- xerald newspaper on the 26th day of 1939. ' 0-26-1t. City Clerk. Councilman Clark moved the adop- tion of the ordinance. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Nlayor Miu-p}n, Councilmen Clark, Thompson. V111 Duelman, \\'hartou. Nays—None. Ordinance Nig. 24-39. .Arc ordinance entitled: "Ordinance No. 23, An or- dinance relating to the appointment of the Bathing Beach Commission, delis ing its duties and powers, and provid- ing for the management of the publi bathing beach or beaches," said or-ti- nance haN - been passed upon tint and second reading on June 193". presented and read a third time. ORDINANCE NO. 24-39 .An ordinance rcpealiur; an ordiln:l . entitled: •' Ordinance No. 23. All dinance rclatin;,, to th, al,pointnunt the bathir;g beach connni—inn, ink; it: dutie> and :urd pane'. in:_. i„r the nnura,;ement of the public ',:abin� ��each ,n• hr:�chr� 170 Special Session, June 22nd, 1939. BE IT ORDAINED BY CITY COUNCIL OF THE CITY OF DUBUQUE: Paragraph 812, Section That an ordinance entitled: "Ordi- nance No. 23. An ordinance relating to the appointment of the bathing beach commission, defining its dirties and powers and providing for the rnan- agement of the public bathing beach or beaches," be, and the same is here- hv repealed. Paragraph 813, Section 2 Thisordinance shall be in force and efTect (10) ten 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 5th day of June, 1939. Passed, adopted and approved this 22nd day of June, 1939. CEO, R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Published officially in the Telegraph - Herald nc%%spaper on the 26th day of June, 1939. J. J. SHEA, 6-26-1t Citv Clerk. Councilman Clark moved the adop- tion of the ordinance. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. June 16, 1939. To the Honorable Mayor, City Coun- cil and City Manager, Dubuque, Iowa. Gentlemen:— On June 5, 1939, the City Council annointed a Condemnation Committee with the purpose of viewing properties ^d submitting reports and recommen- 'ionc. In accordance with the ahrrm•e i am attaching herewith the recommen_ dntirnis of the Condemnation Commit - h e with the request that the necessary resolutions he passed at your earliest convenience. Respectfulh• bmitted, Hsu H. H. HO\YI1;, Building Commissioner. Councilman Clark moved that the c•?mmunication of Building Conimis- sioner Howie be made a matter of rec- ord. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. To the Honorable 'Mayor and Citv Council, Dubuque, Iowa. Gentlemen:— The undersigned committee hereto- fore appointed by your Honorable Body to examine the building located upon Lot 10. Suhdiyisi m of Mineral Lot 68 (55 Hill Street) and owned l,y Alvin Dee and report to you our find- ings, beg leave to submit the follow- ing report: We find that said building is in a dan- gerous and unsafe conditi:Yn for the fol- lowing reasons: Structurally—Foundation wall bulg- ing—structure settled 12 inches—floor joists not adequate—roof beyond repair —walls not sound. Fire Hazard --Chimneys on brackets, cracked and extreme clanger of fire. Health—No sanitary connections. Unanimously recommend demolition. Yours very truly, '.NORMAN J. KORMANN, FRED W. SCHROEDER, C. I. KRAJEWSKI, Condemnation Committee. Councilman Clark moved that the recommendation of the Condemnation Committee be made a matter of record and that the City Solicitor be instruct- ed to prepare a proper resolution. Sec- onded by Councilman Thompson. Car- ried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. To the Honorable 'Tfavor and City Council, Dubuque, Iowa. Gentlemen:— The undersigned committee hereto- fore appointed by your Honnrah'.c Body to examine the building locatrd upon Lots 8 and 9, Subdivision of \lin- eral Lot 68 (59 and 61 Hill Street) and owned by Alvin Lee and report t(I You our findings, beg leave to submit the following report: We find that said building is in a dangerous and unsafe condition for the following reasons: Structurally—Front porch not safe— sidewalks dangerous—roof in bad con- dition—base boards rotten—siding Ill bad shape—gutters and conductor pipe's entirely gone—interior stairs dangernu` and not adequate. Special Session, June 22nd, 1939. 171 Fire Hazard—Chimneys dangerous— stairways 'too narrow . and not strong enough. Health—No sanitary connections Committee would approve repair of structure providing that it was brought up to the standard of the adjacent dwellings to the North. Above conditions remedied—com- plete bath rooms for each tenant on either Ist or 2nd floor—sheds removed in rear—all missing windows replaced. Specifications covering the above re- quirements would prevent this build- ing from continuing as a blight on the neighborhood. Repair work to start within 30 days with completion within 90 days or demolition recommended. Yours very truly, NORMAN J. KORMANN, FRED W. SCHROEDER, C. I. KRAJEWSKI, Condemnation Committee. Councilman Clark moved that the recommendation of the Condemnation Committee be made a matter of record and that the City Solicitor be instruct- ed to prepare a proper resolution. Sec- onded by Councilman Thompson. Car- ried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen:— The undersigned committee hereto- fore appointed by your Honorable Body to examine the building located upon Lot 1, Burden and Lawther's Ad- dition (2757 Windsor Ave.) and owned by Celia A. Heyne and report to you our findings, beg leave to submit the following report: We find that said building is in a dangerous and unsafe condition for the following reasons: Structurally—Roof gone allowing water to soak entire structure—plaster fallen off ceilings and walls—walls not sound— foundation failing— structure stripped of windows and doors. Fire Hazard—Open to use of casu- als—littered with rubbish and debris. Health—Stripped of plumbing fix- tures—no sanitary connections. Unanimously recommend demolition. Yours very truly, NORMAN J. KORMANN, FRED W. SCHROEDER, C. 1. KRAJEWSKI, Condemnation Committee. Counr_ilmaii Clark mored that the recommendation of the Condemnation Committee be made a matter of record and that the City Solicitor be instruct- ed to prepare a proper resolution. Sec- onded by Councilman Thompson. Car- ried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, ThompsonVan Duelman, Wharton. Nays—Nolle. T, the Honorable Mavor and City Council, Dubuque, Io%ea. Gentlemen:— "he un l,rsigned cnnuttittee hereto- fore appointed by your Honorable Body to examine the building located upon Lot 334, Ham's Addition (2666 Lincoln Ave.) and owned by Leonard Schuster and report to you our findings, beg leave to submit the following re- port: We find that said building is in a dangerous and unsafe condition for the following reasons: Structurally—Building partly demol- ished a year ago—casuals use it result- ing in an unsanitary condition—Nvalls sagging and in danger of collapse— roof gone—sills rotten. Fire Hazard—Wood construction with rubbish and kindling presents ex- treme danger of fire and building is ad- jacent to lumber yard. Health—No sanitary connections. Unanimously recommend demolition. Yours very truly, NORMAN J. KORMANN, FRED W. SCHROEDER, C. I. KRAJEWSKI, Condemnation Committee. Councilman Clark moved that the recommendation of the Condemnation Committee be made a matter of record and that the City Solicitor be instruct- ed to prepare a proper resolution. Sec- onded by Councilman Thompson. Car- ried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen:— The undersigned committee ehereto- fore appointed by your able Body to examine the building located upon Lot 14, Original Town of Du- buque (438 to 438 Alain Street) and owned by Sisters of The Holy Ghost and report to vuu our findings, beg leave to submit the following report: we find that said building is in a dangerous and unsafe condition for the following reasons: 172 Special Session, June 22nd, 1939. Structurally—Fire ruins are in dan- ger of collapse—brick walls, steel beams, wood joists and timbers are in such condition that a strong wind or the moving of key members by casuals would cause collapse and endanger public life and property. Such an acci- dent would scatter the ruins in and upon Main Street. Unanimously recommend complete clearing of site, foundation to be filled and a six foot fence erected front and rear. This fence to be of welded wire to eliminate bill posting. Yours very truly, NORMAN J. KORMANN, FRED W. SCHROEDER, C. I. KRAJEWSKI, Condemnation Committee. Cuuncilman Clark moved that the recommendation of the Condemnation Committee be made a matter of record and that the City Solicitor be instruct- ed to prepare a proper resolution. Sec- onded by Councilman Thompson. Car - i ied by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. To the Honorable Mayor and City Council, Dubuque, Iowa. Centlemem— The undersigned committee hereto- fore appointed by your Honorable Body to examine the building located upon Lots 115 and 116, East Dubuque Addition (1512, 1514, 1528 and 1530 Washington Street) and owned by Thomas Farley et al and report to you our findings, beg leave to submit the following report: We find that said building is in a dangerous and unsafe condition for the following reasons: Structurally—These dwellings con- sisting of two 2 -family houses are in an extremely dangerous condition— walls unsound—sills rotten—roofs very bad—hazard of complete collapse. Fire Hazard—Chimneys very bad— stoves necessary with no protection— stairways dangerous and not sound. Health—No sanitary connections. Unanimously recommend demolition. Yours very truly, NORMAN J. KORMANN, FRED W. SCHROEDER, C. 1. KRAJEWSKI, Condemnation Committee. Councilman Clark moved that the recommendation of the Condemnation Committee be made a matter of record and that the City Solicitor be instruct- ed to prepare a proper resolution. Sec- onded by Councilman Thompson. Car- ried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. June 16, 1939. To the Honorable Mayor, City Council and City Manager, Dubuque, Iowa. Gentlemen:— I am attaching reports of the Health Department and of the Chief of the Fire Department regarding various properties. In accordance with the Building Code I am listing each of these prop- erties with the recommendation of the Building Department and respectfully request that a Condemnation Commit- tee of three be appointed by your Hon- orable Body to inspect these properties and make reports and recommenda- tions acording to law. Description and Recommendation - 239 Iowa Street, 2 story brick, City Lot 195. Owner—Klauer Julien Ho- tel Co. Condemn. 281 Iowa Street, 4 story brick, City Lot 193. Owner—Wm. Lawther. Con- demn. 14 Locust Street, 2 story frame, City Lot 554. Owner—Mary F. Doyle. Con- demn. 20 Locust Street, 2 story stucco, City Lot 555. Owner—Frank White. Con- demn. 17 Harrison Street, 2 story frame, City Lot 554. Owner—Mary F. Doyle. Condemn. 21-23 Harrison Street, 2 story frame, City Lot 555. Owner—Mary F. Doyle. Condemn. 10-20 W. 5th Street, 2 story frame, City Lot 238. Owner—P. J. and Min- nie Norton. Condemn. 362-364 W. 9th Street, 2 story frame, City Lot 643. Owner—J. E. Fairbanks, Estate. Condemn. 1445%-1453 Maple Street, 2 story frame, Lot 284, East Dubuque No. 2 Addition. Owner—Fealty Inv. Corp. Condemn. 636 W. 17th Street, 1 story frame, Lot 14, Yates Sub. Owner—�1lary and Catherine Smith. Condemn. 558 W. 7th Street (rear), 1 story rock, Lot 19, Correll's Subdivision. Owner—Anchor Inv. Co. Description and Recommendation - 479 Robinson Street, 1/ story frame, Lot 7, Central Addition. Owner— Katherine Maury, et al. Condemn. 481 Robinson Street, 1 story frame, Lot 7, Central Addition. Owner -- Katherine Maury, et al. Condemn. 507 Robinson Street, 1 story frame, Lot 9, Central Addition. Owner—Jos- eph Paar Estate. Condemn. 910 White Street, 2 story brick, City Lot 348. Owner—Dubuque Biscuit Co Repair or demolish. Special Session, June 22nd, 1939. 918 White Street, 2 story frame, City Lot 348. Owner—Dubuque Bis- cuit Co. Repair or demolish. 938 White Street, 3 story brick, City Lot 347. Owner—Dubuque Biscuit Co. Repair or demolish. 143-147 East 9th Street, 2 story frame, City Lot 348. Owner—Dubuque Biscuit Co. Condemn. 961 Oak Street, 1/ story frame, Lot 22, Union Addition. Owner—Wm. J. Robinson. Condemn. 968 Dodge Street, 2 story frame, Lot 9, Union Addition. Owner—O. Wied- ner and C. C. Jungwirth. Condemn. All of the above properties are in a dilapidated condition, structurally dan- gerous, constitute a fire hazard and with very few exceptions have no sani- tary connections. In the opinion of the building department none are worth repairing to the standards now re- quired by law. Respectfully submitted, H. H. HOWIE, Building Commissioner Councilman Wharton moved that the reports and recommendations be re- ceived and made a matter of record and that Messrs. Fred W. Schroeder, Nor- man J. Kormann and C. I. Krajewski be appointed as a Condemnation Com- mittee to view said properties and buildings and to report their findings and recommendations back to the City Council. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Dubuque, Iowa, June 9, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen:— In accordance with the provisions of Chapter 289 of the Code of Iowa, 1935, as amended, the Civil Service Commis- sion conducted an entrance examination on April 18, 1939, for those seeking pol sitions on the eligible list for appoint- ment to positions on the Fire Depart- ment. The following are those who passed the mental and physical exami- nations with the highest averages. All appointments for positions on the Fire Department should be made from this list for the period ending April, 1940: Edward L. Gerhards _______97Y4% John M. Connelly -------- 96/oIo J. Norbert Rauch --------- 95/% Vincent G. Weber -------- 93 / 90 Robert N. Dunphy -------- 91 0/0 Paul J. Corbett ----------- 90 V4 %, John R. McEvoy ---------- 89/% Homer M. Buckley -------- 88/% i 1733 Melvin A. Vonah----------88`/47, Paul E. Gleason ---_ -_--87Y4 t7o FRANCIS P. QUINN, M. D., Chairman. W. J. RA�VSON, C. S. HARKER, Commissioners. J. J. SHEA, Clerk Subscribed and sworn to before me this 9th day of June, 1939, GERALDINE L. DEMKIER, Notary Public. Councilman Van Duelman moved that the report of the Civil Service Commission be made a matter of rec- ord. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. June 22, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen:— This is to advise that I have ap- proved the following bonds and desire to have your approval on same for fil- ing: PERSONAL Allen Kane, Bond No. 622, Mutual Surety Co. of Iowa. EXCAVATION Reuben L. Anderson, Inc., Maryland Casualty Co. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Clark and placed hat on the bonds be approved Seconded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman. Wharton. Nays—None. June 22, 1939. To the Honorable Mayor Council, Dubuque, Iowan and City Gentlemen:— The pumping equipment of our Fire Department is in need of some replace- ments because of the age of some of the units. The two oldest pumpers in regular service date from 1917 and 1922 respectively and the reserve pumper i- a 1915 model. I recommendClerk oe advertise sfor in- struct the City bids for the purchase of two new 750_ gallon triple combination pumping ell gine;, bids I further recrnnm a� menttbasts be solicited upon a cash solely from manufacturee uch Y rs and s 174 Spe:ial Session, June 22nd, 1939. authorized agencies that maintain com- plete stocks of replacement parts and competent mechanical service. If two such pumpers are purchased the replaced units could then be placed in reserve and the fire fighting facili- ties of the City would be considerably augmented and bettered. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Van Duelman moved that the recommendation of City Man- ager Rhomberg be approved. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. June 19, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen :— I herewith submit the reports of the City Auditor, City Treasurer, City Water Department and the City Health Denartment for the month of May, 1939, the annual reports of the City Auditor and Harbor Master for the fis- cal year beginning April 1, 1938, and ending March 31, 1939, also a list of claims and list of payrolls for which warrants were drawn during the month of May, 1939. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Thompson moved that the reports be received and placed on file. Seconded by Councilman Clark. Carried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. RESOLUTION NO. 99-39 Resolution and application for au- thority to levy an emergency tax for the City of Dubuque. WHERh;AS, the City Council of the City of Dubuque has made a compila- tion of the expenses which will be in- curred during the fiscal year beginning April 1, 1940, and ending March 31., 1941, including the payment of prin- cipal and interest upon outstanding in- debtedness, and tax levies for the vari- ous funds and purposes have been de- termined; and WHEREAS, a serious effort has been made to keep operating costs as low as is consistent with good govern- ment; and WHEREAS, in the past bonds have been issued in anticipation of some of the taxes embraced in the consolidated tax levy and the revenues derived from such taxes are pledged to the payment of such bonds, as to principal and in- terest; and WHEREAS, payments of $47,000.00 in principal, and of $15,480.00 in inter- est are to be made during the fiscal vear beginning April 1, 1940, and end- ing March 31, 1941, from the funds em- braced in the consolidated tax levy; and WHEREAS, the inadequacy of th, revenues for ordinary purposes remain- ing after the payment of such principal and interest constitutes an emergency which requires the levy of an emer- gency tax and this Council considers the levy of an emergency tax of one (1) mill to be absolutely necessary; NOW, THEREFORE, Be It Re- solved by the Citv Council of the City of Dubuque that the State Comptroller he and he is hereby requested to au- thorize and approve the levy of an emergency tax in the year 1939 to he approximately $33,467.00, the same to be used in supplementing the funds re- quired for debt service and in the man- ner provided by law. The foregoing resolution was adopt- ed at a special meeting of the City Council of the City of Dubuque on the 22nd day of June, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Clark moved the adop- tion of the resolution. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. RESOLUTION NO. 100-39 BE IT RESOLVED by the City Council 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 Du- buque, be granted a permit to sell cig- arettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City: Name Address R. D. Hughes (Central Hotel), 1006 Central Avenue. Mike Sand, 2498 Central Avenue. Geo. Nardin, 1105 Julien Avenue. Harry J. Jacquinot (Central Confec- tionery), 1850 Central Avenue. Paul J. Meyer, 532 East 22nd Street. cial Session, June 22nd, 1939. Millard Poquette (Dubuque Recrea- tion), 923 Main Street. Miss Louise M. Haas (Haas Drug Store), 2510 Central Avenue. Daniel McDonald, 216 West First Street. Thos. A. Wragg, 332 Eighth Avenue. George Miller, 22-24 West Fourth Street. The Dubuque Club, 9th and Main Streets. Timothy O'Regan, 1052 Julien Ave- nue. F. W. Thompson (Thompson & Ho- gan), 55 Locust Street, Elmer Eppler, 1 Locust Street. Wm. T. Potterveld (Potterveld Drug Co.), 1687 Delhi Street. Mrs, Cecelia Weber, 998 Central Avenue. John Hochberger, 1701 Asbury Street. Robert McFarlane, 1798 Central Ave- nue. Karl Page, 73-75 East Fourth Street. Triangle Cafe, 926 Main Street. Fred H. Cooper and Frank A. Lambe, 250 West Sixth Street. Dominick Gala, 1563 Central Avenue. Jos. W. Hanten, 2220 Delhi Street. Merlin Apel, 1205 Cleveland Avenue. John J. Grommersch, 55 East Sev- enth Street. William C. Leik, 501 Rhomberg Ave- nue. Peter Petrakis, 1401 Central Avenue. Jacob Hedrick, 1236 Iowa Street. Wm. E. Wodrich, 1101 Rhomberg Avenue. United Cigar—Whelan Stores Cor- poration, 801 Main Street. Nicholas Steffen, 1369 Central Ave- nue. A. R. Uppinghouse, 238-40 West 6th Street. Arthur J. Trapp, 1266 Central Ave- nue. Joseph A. Hennig and H. A. Raw- son, 509 Eighth Avenue. Wm. Horne, 400 Rhomberg Avenue. Walgreen Drug Co., 813 Main Street. John Schaetzle, 2162 Central Ave- nue. Anton Fortman, 253 Main Street. Charles Falkenhainer (Falkenhainer Drug Co.). 1097 Julien Avenue. Arthur J. Eisenegger, 1105-7 Iowa Street. Mrs. M. L. Harwood, 1875 Julien Avenue. Charles M. Eichhorn (Eichhorn's Pine Shop), 1296 Central Avenue. Mrs. Agnes Grady and Ann Haley (Euqubud Cafe). 623 Main Street. Andrew Karigan (Coney Island Lunch). 720 Main Street. The Great Atlantic and Pacific Tea Co., 13th and Iowa Streets. Leonard Schuster, 2656 Lincoln Ave- nue. Steve Koleopoulos, 493 Main Street. 175 Paul Megonigle and J. B. Megonigle, 378 Main Street. Bert Zelens, 401 Main Street. Klauer-Julien Hotel Co., 2nd and Main Streets. John Stemm, 1298 Main Street. \l orris B. Flick, 5 Eighth Avenue. \\-nt. Wagner, 1501 Rhomberg Ave- nue. Diamond's Grill, Inc., 900-910 Main Street. Gust Billis (Coney Island Lunch), 605 Main Street. Benevolent & Protective Order of Elks, Lodge No. 297, 7th and Locust Streets. William Maas and Morris Blutn, 700 East 16th Street. Frank J. Weber, 189 Locust Street. BE IT FURTHER RESOLVED that the bonds filed with the applica- tions be approved. Passed, adopted and approved this 22nd day of June, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL, A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Clark moved the adop- tion of the resolution. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Mur- phy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. RESOLUTION NO. 101-39 WHEREAS, applications for Beer Permits, which expire on July 1, 1939, have been submitted to this Council for approval and the same have been examined; NOW, THEREFORE, Be It Re- solved by the Council of the City of Dubuque that the following applica- tions be and the same are hereby ap- proved and it is ordered that the prem- ises to be occupied by such applicants shall be forthwith inspected. CLASS "B" PERMIT Name Address Dominick Gala and Alice Gala, 1.563 Central Avenue. 1,�hn linth. 2991 Central Avelitic. \V-illiam Sacary and Viola 827 f)odge Street. I,'hn 1). I�l��nn and Gua:ic FI}nn. 430 West I,�,cn<t Street. Millard d Lucille queue 923:lain Strect. Iiughcs and :1111a Ilu he<, 1006 Central Avenue. 176 Special Session, ,June 22nd, 1939. ,;icholas Steffen and Beatrice Steffen, 1369 Central Avenue. Andrew D. Karigan, 720 Main Street. Frank NicLaughlin and Anna S. JTc- Laughlin, 115 Fast 22nd Street. Frank H. Berntgcn and Dorothv Lcrntgen, 2186 Central Avenue. 1„11n S. Mayerle and Florence \lay- erfe, 400 Central Avenue. IVrn. Carl \Vallig (Expires 7/5/39), 1736 Central Avenue. Daniel ?\lcDonald and Loretta Mc- Donald, 216 West First Street. t 1, my Lemper and Lillian Lemper, 2;10 Jackson Street. Mrs. Agnes L. Sheehan 116 West Sixth Street. Joseph J. Machinuk, 1399 Jackson Street. Joseph A. Hennig and H. A. Raw- son, 509 Eighth Avenue. Arthur J. Eisenegger, 1105-7 Iowa Street. .0ichael J. Graff and Neda Graff, 2364 Washington Street. Chris Capretz and Wm. Lcmbke, 2595 Rhomberg Avenue. Lloyd Bowman and Frances Bow- man, 2108 Central Avenue. Fred H. Cooper and F. A. Lambe. 250 West Sixth Street. Louis A. Wright and Augusta Wright, 1828 Central Avenue. Wm. F. Van der Xleulen, 2327 Cen- tral Avenue. Paul Megonigle and J. B. Megonigle, 378 Main Street. Steve Koleopulos, 493 Main Street. Karl Page (.Page Hotel), 73-75 Fast Fourth Street. Geo. Kanavas, 1689 Elm Street. %I i; hael B. Schnee and Sophie Schnee, 37 Eighth Avenue. Willi;un W. Coslev and Nlaggie Cos - 10% 1121 Julien Avenue. :Vhert J. Vogelsberg, 29 Eighth Ave- nue, Frank J. Weber and Tillie Weber, 189 Locust Street. Walter Mengis and Mathilda Mengis, 1618 Central Avenue. Timothy O'Regan and Louise O'Regan; 1052 Julien Avenue. Mrs. Cecelia Weber and Nick \\'cher, 998 Central Avenue. Anton Fortman, 253 Main Street. William Horne, 400 Rhomberg Ave- nue. Frank Sand and Elsie Sand, 103 Fast 22nd Street. Thomas A. Wragg, 332 Eighth Ave- nue. Raymond J. Stoltz and George J. 7.illir;, 234 \\'e,t Ninth Street. Tohn A. Stirher and I?Isie Stieber, 3165 Central Avenue. John J. Grommersch and Frances Grommersch, 55 East 7th Strect. li',ner Eppler and Eileen Eppley, 1 Locust Street. Ilarvev L. Spielman, 185 Main Street. Klauer-Julien Hotel Co., Second and Main Streets. William A. Schaffhauser and Georg,c J. Schaffhauser 576 Central Avenue. \"ern Okey (Transfer of address from 500 E. 22nd St.), 2400 Central Avenue. Arthur Norton and Adele Ncwton, 198 Main Street. CLASS "B" PERMIT FOR PRIVATE CLUB Eagles' Club, 6th and Locust Streets. Benevolent and Protective Order of Elks, Dubuque bodge No. 297, 7th and Locust Streets. Fraternal Order of Orioles, Lods,: No. 11, 16th and Central Avenue. The American Legion, Dubuque Post No. 6, 498 Main Street. CLASS "C” PERMIT Jos. Amodeo (Expires 7/14/39), 2601 Jackson Street. Ray E. Duttle, 1105 Walnut Street. Passed, adopted and approved this 22nd day of June, 1939. GEO. R. MURPHY, Mavor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. \V. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Clark moved the adop- tion of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mavor Murphy. Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. RESOLUTION NO. 102-39 \VHERI~AS, heretofore applications were filed by the within named appli- cants for Beer Permits and they re- ceived the approval of this Council; and WHEREAS, the premises to be oc- cupied by them have been inspected and found to comply with the ordi- nances of this City and they have filed a proper bond; NOW, THEREFORE, Be It Re- solved by the Council of the City of Dubuque that the Manager be and he is hereby directed to issue to the fol- lowing named persons a Beer Permit: CLASS "B" PERMIT Nannc Address Dominick Gala and Alice Gala, 1563 Central Avenue. John Roth, 2991 Central Avenue. William Savary and Viola Savary. 827 Dodge Street. Special Session, June 22nd, 1939. John D. Flynn and Gussie Flynn, 450 West Locust Street. Millard Poquette and Lucille Po- quette, 923 Main Street. R. D. Hughes and Anna Hughes, 1006 Central Avenue. Nicholas Steffen and Beatrice Steffen, 1369 Central Avenue. Andrew D. Karigan, 720 Main Street. Frank McLaughlin and Anna S. '%Ic- Laughlin, 115 East 22nd Street. Frank H. Berntgen and Dorothy Berntgen,2186 Central Avenue. 0John S. Mayerle and Florence bta}- erle, 40Central Avenue. Wm. Carl Wallig, 1736 Central Ave- nue. Daniel McDonald and Loretta Mc- Donald, 216 West First Street. Henry Lemper and Lillian Lemper, 2776 Jackson Street. Mrs. Agnes L. Sheehan, 116 West Sixth Street. Joseph J. Machinek, 1399 Jackson Street. Joseph A. Hennig and H. A. Raw- son, 509 Eighth Avenue. Arthur J. Eisenegger, 1105-7 Iowa Street. Michael J. Graff and Neda Graff, 2364 Washington Street. Chris Capretz and Wm. Lembke, 2595 Rhomberg Avenue. Lloyd Bowman and Frances Bow- man, 2108 Central Avenue. Fred H. Cooper aitd F. A. Lambe, 250 West Sixth Street. Louis A. Wright and Augusta Wright, 1828 Central Avenue. Wm. F. Van der Meulen, 2327 Cen- tral Avenue. Paul Megonigle and J. B. hfegonigle. 378 Main Street. Steve Koleopulos, 493 'Main Street. Karl Page (Page Hotel), 73-75 East Fourth Street. Geo. Kanavas, 1689 Elm Street. Michael B. Schnee and Sophie Schnee, 37 Eighth Avenue. William W. Coslev and Maggie Col ley, 1121 Julien Avenue. Albert J. Vogelsberg, 29 Eighth Ave- nue. Frank J. Weber and Tillie Weber, 189 Locust Street. Walter Mengis and Mathilda Meneis, 1618 Central Avenue. Timothy O'Regan and Louise O'Regan, 1052 Julien Avenue. Mrs. Cecelia Weber and Nick NVehcr, 998 Central Avenue. Anton Fortman, 253 Main Street. William Horne, 400 Rhomberg Avc- nue. Frank Sand and Elsie Sand, 103 Eas, 22nd Street. Thomas A. Wragg, 332 Eighth Ave nue. r'avmond J. Stoltz and George J Zillig, 234 West Ninth Street. 177 John A. Stieber and Elsie Stieber, 3165 Central Avenue, John J. Grommersch and Frances Grommersch, 55 East 7th Street. Elmer Eppler and Eileen Eppler, 1 Locust Street. Haney L. Spielman, 185 Main Street. Mauer -Julien Hotel Co., Second and Main Streets. William A. Schaffhauser and George J. Schaffhauser, 576 Central Avenue. Vern Okey (Transfer of addrea; from 500 E. 22nd St.), 2400 Central Avenue. Arthur Norton and Adele Norton, 198 Main Street. CLASS "B" PERMIT FOR PRIVATE CLUB Fraternal Order of Eagles, Aerie No. 568, 6th and Locust Streets. Benevolent and Protective Order of Elks, Dubuque Lodge No. 297, 7th and Locust Streets. Fraternal Order of Orioles, Lodge No. 11, 16th and Central Avenue. The American Legion, Dubuque Post No. 6, 498 Main Street. CLASS "C" PERMIT Jos. Amodeo, 2601 Jackson Street. Ray E. Duttle, 1105 Walnut Street. BE IT FURTHER RESOLVED that the bonds filed by such applicant; be and the same are hereby approved. Passed, adopted and approved thi< 22nd day of June, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. \G. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Clark moved the adop- tion of the resolution. Seconded by Councilman Thompson. Carried by th , following vote: 1•eas—Alavor Murpliv, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. CITY OF DUBUQUE, IOWA RESOLUTION NO. 103-39 WHEREAS, in the project 1,i t%h Improvements to the N%.'aterworks :- tem and Demolition of Old Building, otherwise kno%vn as 1:)WA Docket I-- 1684-F. the eom),letion date of Augtl�' >> l(,, ), was -pecified by the Federal Emergence Administration of 1'uh!i Works iu it: ( .rant offer, and WHERF,AS, in the conduct of thi- project unf,rre,een difficulties, neck, 178 Special Session, June 22nd, 1939. can• changes and unavoidable obstacles have caused considerable delays as out- lined on the attached two sheets sup- porting this request for a New Com- pletion date of Project (PWA Docket lona 1684-F) and such delays have made it necessary to appeal to the Federal I3mergency Administration of Public Works for a New Completion date extended an additional sixty days; and WHEREAS, it is necessary, expedi- ent and for the best interests of the City of Dubuque that such new com- pletion (late be requested; and WHEREAS, such new completion date will not involve any additional costs; NOW, THEREFORE, Be It Re- solved by the City Council of the City of Dubuque, Iowa, that the Federal Emergency Administration of Public Works be and it is hereby petitioned to extend the completion date of PWA Docket Iowa 1684-F an additional sixty days beyond August 22, 1939. BE IT FURTHER RESOLVED that this resolution being deemed ur- gent and of immediate necessity be- come effective from and after its final passage and adoption by the City Council. Passed, adopted and approved this 22nd day of June, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Mur- PhY. Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. RESOLUTION NO. 104-39 prepare and t submitted (bv mitd to been City Council for its approval shoNving the Subdivisions of Lot No. 1 of 1 of 1 of 1 of Mineral Lot No. 365A and of Lot No. 1 of 1 of 1 of 1 of 1 of Mineral Lot '05A which real estate is owned by the City of Dubuque, and used as a part of Eagle Point Park; and W H E R F1.\ S, said plats have been n duly examined and cosidered by the City Council; it Re - s"1 •eOd\bv the Cit l Co uncil oftheCitv of Dubuque. Iona, that said plats he and the same are hereby approved. BE IT FURTHER RESOLVED that the Mayor and Clerk be and they are hereby directed to execute said plats on behalf of the City of Dubuque. Passed, adopted and approved this 22nd day of June, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Ordinance No. 25-39. An ordinance prohibiting weeds and noxious growths upon lots and parcels of land within the limits of the City of Dubuque, pro- viding for the destruction of the same, and punishing the violation thereof, presented and read. Councilman Van Duelman moved that the reading just had be considered the first reading of the ordinance. Seconded by Council- man Wharton. Carried by the follow- ing vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Councilman Van Duelman moved that the rules be suspended requiring an or- dinance to be read on three separate days. Seconded by Councilman Whar- ton. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. The ordi- nance was then read a second time. Councilman Van Duelman moved that the reading just had be considered the second reading of the ordinance. Sec- onded by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Ordinance No. 26-39. An ordinance repealing an ordinance entitled: "Or- dinance No. 21. An ordinance govern- ing contested elections and tie votes," presented and read. Councilman Van Duelman moved that the reading just had be considered the first reading of the ordinance. Seconded by Council- man Clark. Carried by the following vote: Yeas—Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton. Nays—None. Councilman \-an Duelman moved that the rules he suspended requiring an ordinance to be read on three separate days. So -_ onded by Councilman Clark. Carried Murphy, Councilmen Clark, Thomason, by th6 following vote: Yeas—?Mayor Special Session, June 22ncj, 1939. Van Duelman, Wharton. Nays—None. The ordinance was then read a second time. Councilman Van Duelman moved that the reading just had be considered the second reading of the ordinance. Seconded by Councilman Clark. Car- ried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. June 19, 1939. Honorable Mayor and City Council, Dubuque, Iowa. Re: Claim of Nan McCafferey vs. Citv of Dubuque. Gentlemen:— There has been referred to me for investigation and report by your Hon- orable Body, the claim of Nan Ulc- Cafferey, filed February 23, 1939, in the sum of $5.000.00 for injuries sus- tained by her on January 17, 1939, by reason of falling upon a crosswalk on the westerly side of Main Street, at the intersection of Main and Thirteenth Streets, said injuries alleged to have been sustained by reason of the negli- gence of the City. I beg to advise that upon investiga- tion of this claim I find no evidence of negligence on the part of the City of Dubuque and respectfully recommend that the claim be disallowed. I am returning herewith claim Yours very truly, AL. J. NELSON, City Solicitor. 179 moved that the reading just had be con- sidered the second reading of the or- dinance. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Council- man Clark, Thompson, Van Duelman, Wharton. Nays—None. Ordinance No. 28-39. An ordinance repealing an ordinance entitled: "Ordi- nance No. 67. An ordinance providing for the Licensing and Regulation of Ferry Boats, Liveries, and Landings. and prescribing a penalty for the vio- lation hereof," presented and read. Councilman Van Duelman moved that the reading just had be considered the first reading of the ordinance. Second- ed by C:,uncilman Wharton. Carried by the following vote: Yeas—:flavor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Councilman Van Duelman moved that the rules be suspended requiring an or- dinance to be read on three separate days. Seconded by Councilman Whar- ton. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. The ordinance was thea read a second time. Council- man Van Duelman moved that the reading just had be considered the sec- ond reading of the ordinance. Second- ed by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays— None. June 20, 1939. Councilman Van Duelman moved that the recommendation of City So- licitor Nelson be approved and that the claim be disallowed. Seconded by Councilman Clark. Carried by the fol- lowing vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Ordinance No. 27-39. An ordinance repealing an ordinance entitled: "Or- dinance No. 19. An ordinance appoint- ing a harbor master and defining his duties and powers and regulating public landings and wharfage," presented and read. Councilman Van Duelman moved that the reading just had be con- sidered the first reading of the ordi- nance. Seconded by Councilman Clark. Carried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Councilman Van Duel - man moved that the rules be suspend- ed requiring an ordinance to be read on three separate days. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Mur- PhY, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—Non. The ordinance was then read a second time, Councilman Van Duelman Honorable Mayor and City Council, Dubuque, Iowa. Re: Claim of Emily Hoppmann. Gentlemen.:— Prior entlemen;— Prior to my assumption of that office. there was referred to the City SOl ici- tor, the claim of Mrs. Emily Hoppmann filed January 1, 1938, in the sum of $1,500.00 for injuries alleged to have been sustained by the claimant in a fall on the sidewalk on Alta Vista Street on the morning of December 19, 1937, between the hours of 7 and 8 o'clock A. M. I have completed investigation of this claim and find that the claimant did fall upon the sidewalk on the Easterly side of Alta Vista Street on the date and at about the hour in question, but that the injuries sustained ,vas as not the to the negligence on the p City of Dubuque, and from the evi- dence adduced I5 amesatisfiedhthererof te i1 tigation made, no liability on the part of the City of hereyour recommen to Honorable Bodyrthat the claim to be disallowed. submitted, Respectfully AL. J. NELSON, City Solicitor. 180 ;-,-`al Session,- Tune 22nd, 1939. Councilman Clark moved that the recommendation of Citv Solicitor Nel- son be approved and that the claim be disallowed. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton. Nays—None. June 22, 1939. Honorable Mayor and City Council, Dubuque, Iowa. Re: Ordinance amending Ordinance No. 30-38, J. F. Stampfer Company. Gentlemen:— At the request of the J. F. Stampfer Company and the Building Commis- sioner I submit herewith an ordinance amending ordinace No. 30-38 granting to the J. F. Stampfer Company the right to construct and maintain an un- loading platform and enclosed entrance in the alley abutting City Lot 29. The amending ordinance changing the di- mension of said platform and entrance. The amending ordinance provides that the cost shall be paid by the J. F. Stampfer Company and with that un- derstanding I would recommend the adoption of the enclosed ordinance. Respectfully submitted, AL. J. NELSON, City Solicitor Councilman Clark moved that the recommendation of Citv Solicitor Nel- son be approved. Seconded by Council- man Van Duelman. Carried by the fol- lowing vote: Yeas—Mayor Murphy, Councilman Clark, Thompson, Van Duelman, Wharton. Nays—None. Ordinance No. 29-39. An ordinance annending an ordinance entitled: "Or- dinance No. 30-38. An ordinance grant- ing to J. F. Stampfer Co., its successors or assigns, the right to construct and maintain an unloading platform and en- closed entrance in the alley abutting City Lot Twenty-nine (29) in the town (now city) of Dubuque, Iowa: and pre- scribing the conditions of such permit," by amending Paragraph 730, Section 1 of said ordinance, presented and read, Councilman Van Duelman moved that the reading just had be considered the first reading of the ordinance. Second- ed by Councilman Clark. Carried by the following vote: Yeas—Mayor Mur- phy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Councilman \'an Duelman moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Councilman Clark. Carried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson. Van Duelman, Wharton. Nays—None. The ordinance was then read a second time. Councilman Van Duelman moved that the reading just had be considered the second reading of the ordinance. Seconded by Coun- cilman Clark. Carried by the following voter Yeas—Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton. Nays—None. RESOLUTION NO. 105-39 WHEREAS, Thomas Farley, Wil- bert Farley, Lillian Ternes, John Far- ley, Mary Howard. Ethel Ferring and Rose McLaughlin Meng, are the own- ers of Lots 115 and 116 of East Du- buque Addition to the City of Du- buque. Iowa, upon which is located and situated a building which has been ex- amined by the Board of Health, Build- ing Commissioner, and the Chief of the Wire Department and found to be a dangerous structure and unfit for hu- man habitation and a menace to public safety by reason of want of repair, and defects in drainage and plumbing; and WHEREAS, this Council has hereto- fore appointed a Condemnation Com- mittee of three disinterested persons to Tnake a thorough investigation of said building and to report their findings to the Council, the same to act in con- iunction with the Building Commis- sion; and WHEREAS, said committee has filed its repor tand recommends that said building be condemned as a nuis- ance, said report being attached hereto and made a part hereof: NOW, THEREFORE, Be It Re- solved by the City Council of the Citv of Dubuque, that the Building Commis- sioner be, and he is hereby directed to cause to be served upon the said Thomas Farley, Wilbert Farley, Lillian Ternes, John Farley, Mary Howard. Ethel Ferring and Rose McLaughlin Meng, owners of the building de- scribed herein, a written notice com- manding them to appear before this Council at a meetine thereof to be held at 7:30 o'clock P. M., on the 5th day of July, 1939, in the Council Chamber in the City Hall, in the City of Du- bunue, and to show cause why said building should not be declared a dan- gerous structure and a nuisance. Passed, adopted and approved this 22nd day of June, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest. J. J. SHEA, City Clerk. Special Session, June 22nd, 1939. 181 Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. RESOLUTION NO. 106-39 WHEREAS, Alvin Lee is the owner of Lot Ten (10) of the Subdivision of Mineral Lot 68 in the City of Dubuque, Iowa, uponwhich is located and situ- ated a building which has been ex- amined by the Board of Health, Build- ing Commissioner, and the Chief of the Fire Department and found to be a dangerous structure and unfit for hu- man habitation and a menace to public safety by reason of want of repair, and defects in drainage and plumbing; and WHEREAS, this Council has hereto- fore appointed a Condemnation Com- mittee of three disinterested persons to make a thorough investigation of said building and to report their findings to the Council, the same to act in con- junction with the Building Commission: and WHEREAS, said committee has filed its report and recommends that said building be condemned as a nuis- ance, said report being attached hereto and made a part hereof; NOW, THEREFORE, Be It Re- solved by the City Council of the City of Dubuque, that the Building Com- missioner be, and he is hereby directed to cause to be served upon the said Alvin Lee, owner of the building de- scribed herein, a written notice com- manding him to appear before this Co+mcil at a meeting thereof to be held at 7:30 o'clock P. M., on the 5th day of July, 1939, in the Council Chamber in the City Hall, in the City of Dubuque, and to show cause why said building should not be declared a dangerous structure and a nuisance. Passed, adopted and approved this 22nd day of June, 1939. GEO. R. MURPHY, :Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. RESOLUTION N0. 107-39 WHEREAS, Alvin Lee is the owner of Lots 8 and 9 of the Subdivision of Mineral Lot 68 in the City of Dubuque, Iowa, upon which is located and situ- ated a building which has been ex- amined by the Board of Health, Build- ing Commissioner, and the Chief of the Fire Department and found to be a dan- ciernus structure and unfit for human habitation and a menace to public safe- tv I,v reason of want of repair, and de- fects in drainage and plumbing; and WHEREAS, this Council has here- tofore appointed a Condemnation Com- mittee of three disinterested persons to make a thorough investigation of said building and to report their findings to the Council, the same to act in con- junction with the Building Commission; and Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Murph',. Councilmen Clark, Thompson, Van Duelman ,Wharton. Nays—None. WHEREAS, said committee has filed its report and recommends that said building be condemned as a nuis- ance, said report being attached hereto and made a part hereof; NOW, THEREFORE. Be It Re- solved by the City Council of the City of Dubuque, that the Building Com- missioner be, and he is hereby directed to cause to be served upon the said Alvin Lee, owner of the building de- scribed herein, a written notice com- manding him to appear before this Council at a meeting thereof to be held at 7:30 o'clock P. M., on the 5th day of July, 1939, in the Council Chambers in the City Hall, in the City of Duburiue, and to show cause why said building should not be declared a dangerous structure and a nuisance. Passed, adopted and approved this 22nd day of June, 1939. GEO. R. 'MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J• SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Thompson. Carried by Mur - the following vote: Yeas nci—`Thompson, pbv Coulmen Clark, gone. Van Duelman, Wharton. Nays RESOLUTION NO. 108-39 WHEREAS, The �'�tt I.otrs f Fourthe teen Ghost are the ownc'rno« City) of Du - (14) original town buque, Iowa, upon vhichn. which been and situated a build" of Health, examined by the Building Coin inner, and the Chief 182 I Session, June 22nd, 1939. of the Fire Department and found to be a dangerous. structure and unfit for human habitation eason of want oftrepab; repair, safety by and defects in drainage and plumbing; and WHEREAS, this Council has here- tofore appointed a Condemnation Com- mittee of three disinterested persons to make a thorough investigation of said building and to report their findings to the Council, the same to act in con- junction with the Building Commis- sion; and WHEREAS, said committee has filed its report and recommends that said building be condemned as a nuis- ance, said report being attached hereto and made a part hereof; NOW, THEREFORE, Be It Re- solved by the City Council of the City of Dubuque, that the Building Com- missioner be, and he is hereby directed to cause to be served upon the said Sis- ters of the Holy iG,host, the owners of the building described herein, a writ- ten notice commanding them to appear before this Council at a meeting there- of to be held at 7:30 o'clock P. M., on the 5th day of July, 1939, in the Coun- cil Chamber in the City Hall, in the City of Dubuque, and to show cause why said building should not be de- clared a dangerous structure and a nuisance. Passed, adopted and approved this 22nd day of June, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Clark. Carried by the fol- lowing vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, V:in Duelman, Wharton. Nays—None. RESOLUTION NO. 109_39 \1 I1 RREAS, Leonard Schuster is, the � vner of Lot 354 in Ham's Addi tion to the City of Dubuque, Iowa, upon which lot is located and sitilatea a building whirh has been examined by the Board of Health, Building Com- missioner, and the Chief of the Fire Department and found to be a dan- ,.,.rous structure and unfit for human hahitation and a menace tr public safety by reason of want of renair. and defects in drainage and plumbing; and WHEREAS, this Council has here- tofore appointed a Condemnation Com- mittee of three disinterested persons to make a thorough investigation of said building and to report their findings to the Council, the same to act in con- junction with the Building Commis- sion; and WHEREAS, said committee has filed its report and recommends that said building be condemned as a nuis- ance, said report being attached hereto and made a part hereof; NOW, THEREFORE, Be It Re- solved by the City Council of the Citv of Dubuque, that the Building Com- missioner be, and he is hereby directed to cause to be served upon the said Leonard Schuster, the owner of the building described herein, a written notice commanding him to appear be- fore this Council at a meeting thereof to be held at 7:30 o'clock P. M. on the 5th day of July, 1939, in the Council Chamber in the City Hall, in the City of Dubuque, and to show cause why said building should not be declared a dangerous structure and a nuisance. Passed, adopted and approved this 22nd day of June, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL, A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Clark moved the adop- tion of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. RESOLUTION NO. 110-39 WHEREAS, Celia A. Heyne is the owner of Lot One (1) of Burden and Lawther's Addition to the City of Du- buque, Iowa, upon which lot is located and situated a building which has been examined by the Board of Health. Building Commissioner, and the Chief of the Fire Department and found to be a dangerous structure and unfit for �umaj ll,bitation and a menace to pub- lic safety V reason of want of repair. and defects in drainage and plumbing: and WHEREAS, this Council has here- tofore appointed a Condemnation Com- mittee of three disinterested persons to make a thorough investigation of said building and to report their findings to Special Session, June 22nd, 1939. 183 the Council, the same to act in con- junction with the Building Commission; and WHEREAS, said committee has filed its report and recommends that said building be condemned as a nuis- ance, said reportbeing of attached here- to and made a part NOW, THEREFORE, Be It Re- solved by the City Council of the City of Dubuque, that the Building Com- missioner be, and he is hereby directed to cause to be seed upon owner the of said Celia A. Hey'e the building described herein, a written no- tice commanding her to appear before this Council at a meeting thereof to be held at 7:30 o'clo9ckk P39, i M, n the 5th Council day of July, Chamber in the City Hall, in the City, of Dubuque, and to show cause why said building should not be declared a dangerous structure and a nuisance. Passed, adopted and approved this 22nd day of June, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. There being no further business Councilman Van Duelman moved to adjourn. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. J. J. SHEA, City Clerk. Approve(l _ - -3a. A939 ID Adopted Council d 0 Z/ _e.�71r� Attest:- - --� Citi' C1,rk. Special Session, June 30th, 1939. city council (Official) Special Session, Jun 30, 1939. Council stet at 8:15 P. \l. ;',.•sent—\layor Murphy, Council- men Clark, 'Thompson, Van Duclman, \\•harton, City Xtanager Rhomberg. Meeting called by order of Council- men Van Duelman and Wharton. \lavor \lurphy read the call and stat- ed that service thereof had been duly made and that this meeting is called for the purpose of considering appli- cations for beer and cigarette permits .,ud acting on any other business as may properly come before a regular n!_cti,:g of the City Council. RESOLUTION NO. 99-39 Resolution and application for au- th(,rity to levy an emergency tax for the City of Dubuque. \\'HEREAS, the City Council of the City of Dubuque has made a compiia- tion of the expenses which will be in- curred during the fiscal year beginning April 1, 1940, and ending March 31, 041, including the payment of princi- pal and interest upon outstanding in- debtedness, and tax Levi, s for the va- rious funds and purposes have been de- tcrmined; and \\'HEREAS, a serious effort has been made to keep operating costs as I-V as is consistent with good govern- ment; and \\'1il;REAS, in the past bonds have been issued in anticipation of some of the taxes embraced in the consolidated tax levy and the revenues derived from such taxes are pledged to the payment of such bonds, as to principal and in- terest: and \\-HEREAS, payments of 547,000.00 is imncipal ,and of $li,480.00 in interest are to he made during the fiscal year beginning April 1, 1940, and ending Dfarch 31, 1041, from the funds em- I"aced in the consolidate(1 tax levy; and \\'HEREAS, the inadequacy of the revenues for ordinary purposes remain - in, atter the payment of such princi- u a:ul interest constitutes an enter- src my which requires the levy o; an enu'rency tax and this Council c"n si,lers the levy of an euiergencv tax of one (1) null to he absolutely neves_ nary; s !vcd b� the City CCo nc'R E,1 ofe eIt Re - the City of Dubuque that the State Comptroller be and he is hereby requested to at;- Ciorize and approve the levy of au emergency tax in the year 1939 to be approximately $33,467.00, the same to be used in supplementing the funds re- quired for debt service and in the man- ner provided by law. The foregoing resolution was adopt- ed at a special meeting of the Cit-; Council of the City of Dubuque on the 22nd day of June, 1939. GEO. R. MURPHY, �,layar. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. the levy of not exceeding one (1) mill emerg-,ncy tax for 1940 collection is approved this 27th day of June, 1939, prrividin-, said levy together with all other city levies does not exceed the total of 20 mills. Approval of this le.•v is also subject to any subsequent re- duction in city levies due to an appeal of taxpayers. C. FRED PORTER, State Comptroller. Councilman Thompson moved that the approval of State Comptroller C. Fred Porter he made a matter o: rec- ord. Seconded by Councilman Clark. r ried by the following votc: Yeas— .\t,iyor Murphy, Councilmen Clark, Thomp:-,n, %'an Duelman, Wharton. N ays—'None. Councilman Clark moved that the rules be suspended for the tour nosy of allowing any one present in the Council Chamber, who wishes to do so, t,) ad- dress the Council. Seconded h_v Coun- cilman Thompson. Carried by the fol- 1,Winc ynte: Teas—'\favor ,Murphy. Councilmen Clark, Thompson, Val. Duelman, Wharton. Nays—None. Petition of Tavern Keeper's Assn. re- "lestiliv the City Council to do sonr'- thing about the abuse of the Class "C•" licenses by either to refuse to issue ane more licenses or to raise the fee t;') even with the Class "B" permits, pre- sented and read. Mr. Tohn Flynn c: ,,t -ether of the Tavern Keeper's Assn.. addressed the Council statins; that At- torney John A. Cunningham 1voal'1 address the Council as the representa- tive of the Tavern Keeper's Assn, re'- ative to their petition. Attorney John A. Cunningham, stating that lie repre- sented the Tavern Keeper's -assn., the Bartender's Union and the Hotel and Special Session, June 30th, 193 �. Restaurant Employees union, a& dressed the Council stating that the State Law sets out the license fee for Class C beer permits and the Council was in no position to raise the license fee as requested in the petition and re- quested that no more Class "C" beer permits be issued as this type of per- mit leads to the cutting in prices by s some and makes unfair competition among the holders of other permits and further requesting that aliwhen a thatr it holder gives up his practice of allowing some one else to add his name to the permit be discon- tinued as too many taverns operating in a city is not to the best interest of the tavern business, also suggesting that a conference be held with a com- mittee of the Tavern Keeper's Assn. to talk over the violations which are oc- curring under Class "C" beer permits. Councilman Clark moved to refer the petition to the City Council. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson' Van Duelman, \Vharton. RESOLUTION NO. 111-39 WHEREAS, application for Beer Permit has been submitted to this Council for approval and the same has been examined; NOW, THEREFORE, Be It Re- solved by the Council of the City of Dubuque that the following application be and the same is hereby approved and it is ordered that the premises to be occupied by such applicant shall be forthwith inspected: RESOLUTION NO. 112-39 185 yVHLJ~ I:.A�, herctnfore application was filed by the within named appli- cant for Beer Permit and has received the approval of this Council; and \VHEREAS, the premises to be oc- cupied by him have been inspected and frnuld to comply with the ordinances of this City and he has filed a proper bond; NOV.', THEREFORE, Be It Re- solved by the Council of the Citv of Dubuque that the Manager be and lie i, hereby directed to issue to the follow- ing named person a Beer Permit: CLASS "B" PERMIT Name Address Henry C. Esser (Transfer of address from 530 Main St.). River Front. Passed, adopted and approved this 30th day of June, 1939. GEO. R. MURPHY. Mayor. FRANK VAN DUE],MAN. ALBERT WHARTON, CART, A. CLARK, F. \`r. 'rHOMP-�0N, Councilmen. Attest: J. J. SHEA, City Clerk. CLASS "B" PERMIT Name Address Henry C. Esser (Transfer of address from 530 Main St.). River From . BE IT FURTHER RESOLVF.D that the bond filed by such applicant be and the same is hereby approved. Passed, adopted and approved this 30th day of June, 1939. GEO. R. MURPHY, May(,r. FRANK VAN DUF.I.\iAN. ALBERT \\'HARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Wharton moved the adoption of the resolution. Seconded 1•y Councilman Clark. Carried by the following vote: Yeas—INlayor Murph`', Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Councilman Wharton moved the adoption of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Peas—Mayor :Mur- phy, Councilmen Clark, Thompson. Van Duelman. \Vharton. Conununication of Board of Dock Commissioners certifying the sum of S1S.9h0,00 a� the amount needed for the Department of Public Docks for th, l;:rtl •ear be.ginuin^ Apr�rl�set ted aril 940, wid March 31. 19.11, i d. C )tmciliTiaii Clark moved to rc- rr tile o e cmmunication to the City i<ideratioii at th,. ,,>idering the tax ear. Seconded Carried by 1��C' ... .. - �. \taco;• Alu�-- Na} --- Park Resolutirni of 1) 1r.triui certifving theg�(1,91fi.0ll a. the amount needed for Park ptirl)—t , f"r the fiscal year becinnuig April 1, 1940• and ending 'March 31, 1941. Cl non,• l t and read. Clar tCl Cit C refer the resolution t' f,,r their c0nsiderati011 at thr tit 18.6 Special Session, June 30th, 1939. Council is considering the tax levy for the ensuing year. Seconded by Coun- cilman Thompson. Carried by the fol- lowing vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Communication of Dubuque Trades nn(! Labor Congress, with enclosed resolution adopted by the Dubuque Trades and Labor Congress, request- ing the assistance of the City Council to stop the practice of groups of labor- ing men from Freeport, Ill., in coining to Dubuque every day to work and re- turning to Freeport every evening after work, presented and read. Councilman Wharton moved that the communica- tion be received and filed. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—Drone. Petition of The Dubuque Chamber of Commerce requesting permission to place small arrows outlining "See Du- buque Trail" on poles and electric light posts owned by the City, presented and read. Councilman Clark moved that the request be granted. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphv, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Petition of Mabelle Bollen, et al, re- questing that the limited parking re- strictions on 5th Street from Central Avenue to Iowa Street and on Iowa Street from 4th to 5th Streets be changed to frill time parking, presented and read. Councilman Wharton moved to refer the petition to the Citv Council. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Petition of Mrs. Rose Norris re- questing that Lot 7 of.Sub, of Citv Lot 598, No. 637 Dodge Street, be rezoned from a residential district to a business district, presented and read. Council- man Van Duelman moved that the pe- tition be referred to the Planning and Zoning Commission for their recom- mendation and report. Seconded by C0lnilellnan Wharton. Carried by the f�lloainy vote: Yeas—Mayor \turohv, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Ordinance No. 25-39. An ordinance prohibiting weeds and noxious growths upon lots and parcels of land within the limits of the City of Dubuque, pro- viding for the destruction of the same, and punishing the violation thereof, said ordinance having been passed upon first and second readings on June 22, I0391 presented and read a third time. ORDINANCE NO. 25-39. An Ordinance prohibiting ,reeds and noxious growths upon lots and parcels of land within the limits of the City of Dubuque, providing for the destractioa of the same, and punishing the violation thereof. BE IT ORDAINED BY THF, CITY COUNCIL OF THE CIT1' OF DUBUQUE: Paragraph 814, Section 1 That it shall be unlawful for any person, firm or corporation owning property within the limits of the City of Dubuque to permit any weeds of any variety and noxious growths to grow thereon and it shall be the duty of every such owner of lands to cut said weeds and noxious growths be- tween the 15th day of July and the 15th day of August of each year so that said weeds may not be permitted to bloom or blossom or go to seed. Paragraph 815, Section 2' The terms "Weeds and Noxious Growths" shall be taken to mean weeds of all varieties and especially quack grass, Canadian thistle, cocklebur, wild mustard, sour or curied dock, smooth dock, buckhorn or ribbed plantain, wild parsnip, horsenettle, velvetweed, or but- tonweed, burdock, shoofly, wild carrot and Russian thistle. Paragraph 816, Section 3 Any owner of lands who fail to cut and remove said weeds or noxious growths from his land or permits said weeds to bloom, blossom or go to seed within the time above stated, shall be fined for each lot or parcel of land upon which said weeds are permitted to grow, a sum not to exceed one hundred ($100.00) dollars or imprisonment not to exceed thirty (30) days, and it shall be the duty of the Street Commissioner to report all violations of this Ordi- nance. Paragraph 817, Section 4 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 22nd day of June, 1939. Passed, adopted and approved this 30th day of June, 1939. GEO. R. MURPHY, '.Mayor. FRANK VAN DUELMAN. ALBERT WHARTON, CARL, A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA City Clerk. Special Session, June 30th, 1939. Published officially in the Telegraph - Herald newspaper this 3rd day of July, 1939. J. J. SHEA, 7-3-1t City Clerk. Councilman Van Duelman moved the adoption of the ordinance. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Mur- phy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Ordinance No. 26-39. An ordinance repealing an ordinance entitled: "Or- dinance No. 21. An ordinance gov- erning contested elections and tie votes," said ordinance having been passed upon first and second readings on June 22, 1939, presented and read a third time. ORDINANCE NO. 26-39 An ordinance repealing an ordinance entitled: "Ordinance No. 21. An Or. dinance governing contested elections and tie votes." 187 by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Ordinance No. 27-39. An ordinance repealing an ordinance entitled: "Or- dinance No. 19. An ordinance appoint- ing a harbor master and defining his duties and powers and regulating pub- lic landings and wharfage," said ordi- nance having been passed upon tint and second readings on June 22, 1939, presented and read a third time. ORDINANCE NO. 27-39 An ordinance repealing an ordinance entitled: "Ordinance No. 19. An Or- dinance appointing a harbor master and defining his duties and powers and reg- ulating public landings and wharfage." BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: Paragraph 820, Section 1 BE IT ORDAINED BY THE That an ordinance entitled: "Ordi- CITY COUNCIL OF THE CITY nance No. 19. An Ordinance appoint- ing a harbor master and defining his duties and powers and regulating pub - Paragraph 818, Section 1 lic landings and wharfage,"'be, and the same is hereby repealed. That an ordinance entitled: "Ordi- nance No. 21. An Ordinance govern- ing contested elections and tie votes," be, and the same is herebv repealed. Paragraph 819, Section 2 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. Paragraph 821, Section 2 This Ordinance days from and after i e in force d effect ten (10) final passage, adoption and approval by the City Council, and publication as provided by law. Passed upon first and second read- ings this 22nd day of June, 1939. Passed, adopted and approved this 9 Passed upon first and second read- 30th ay of June, 193. ings this 22nd day of June, 1939. GEO. R. MURPHY, Mayor. UVT MAN Passed, adopted and approved this 30th day of June, 1939. GEO. R. MUfi;PHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. FRANK VAN D • ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J• SHEA, City Clerk. Published officiallyin therd Teleay graph - Herald newspaper 1939. r r SHEA, Published officially in the Telegraph- 7-3-1t Herald newspaper this 3rd day of July, 1939. J. J. SHEA, 7-3-1t City Clerk. Councilman Van Duelman moved the adoption of the ordinance. Seconded Citv Clerk. Councilman Van Duelman moved the ed adoption of the ordinance. Sec°n th by Councilman Clark. Mayor �l y h e following rote: Yeas Thun psnn, Van Councilmen Clark, s our. Duelman, Wharton. Nay.--- 188 Special Session, June 30th, 1939. Ordinance No. 28-39. An ordinance repealing an ordinance entitled: "Or- dinance No. 67. An ordinance provid- ing for the licensing and regulation of ferry boats, liveries, and landings, and prescribng a penalty for the violation hereof," said ordinance having been passed upon first and second readings on June 22, 1939, presented and read a third time. ORDINANCE NO. 28-39 An ordinance repealing an ordinance entitled: "Ordinance No. 67. An Or- dinance providing for the Licensing and Regulation of Ferry Boats, Liv- eries, and Landings, and prescribing a penalty for the violation hereof." BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: Paragraph 822, Section 1 That an ordinance entitled: "Ordi- nance No. 67. An Ordinance providing for the licensing and regulation of ferry boats, liveries ,and landings and pre- scribing a penalty for the violation hereof," be and the same is hereby re- pealed. Paragraph 823, Section 2 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 22nd day of June, 1939. Passed, adopted and approved this 30th day of June, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUE LMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen, Attest: J. J. SHEA, City Clerk. Published officially in the Telegraph - Herald newspaper this 3rd day of July, 1939. 7-3-1t J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the ordinance. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy Councilmen Clark, Thompson, Van Duelman, «'harton. Nays—None. Ordinance No. 29-39. An ordinance amending an ordinance entitled: "Or- dinance No. 30-38. An ordinance grant- ing to J. F. Stampfer Co., its successors or assigns, the right to construct and maintain an unloading platform and en- closed entrance in the alley abutting City Lot Twenty-nine (29) in the town (now City) of Dubuque, Iowa; and prescribing the conditions of such per- mit," by amending Paragraph 730, Sec- tion 1 of said ordinance, said ordinance having been passed upon first and sec- ond readings on June 22, 1939, pre- sented and read a third time. ORDINANCE NO. 29-39 An ordinance amending an ordinance entitled: "Ordinance No. 30-38. An Ordinance granting to J. F. Stampfer Co., its successors or assigns, the right to construct and maintain an unloading platform and enclosed entrance in the alley abutting City Lot Twenty-nine (29) in the town (now City) of Du- buque, Iowa; and prescribing the con- ditions of such permit," by amending Paragraph 730, Section 1 of said ordi- nance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: Paragraph 824, Section 1 That an ordinance entitled: "Ordi- nance No. 30-38. An Ordinance grant- ing to J. F. Stampfer Co., its successors or assigns, the right to construct and maintain an unloading platform and en- closed entrance in the alley abutting City Lot Twenty-nine (29) in the town (now City) of Dubuque, Iowa; and pre- scribing the conditions of such permit." be, and the same is hereby amended by striking from said Paragraph 730, Sec- tion 1 of said ordinance, and from lines 5, 6, 7 and 8 thereof, the following: "such unloading platform to be 4 feet 91/2 inches in width, and 8 feet in length, and four inches in height above said alley, and said enclosed entrance to be 4 feet 9% inches in width, 8 feet in length and 11 feet 6 inches in height," and inserting in lieu thereof the following: "such unloading plat- form to be 8 feet 6 inches in length, and 4 feet 9 inches in width, and 9 inches in height above said alley, and said enclosed entrance to be 17 feet 6 inches in length, 4 feet 9 inches in width, and 11 feet in height." Paragraph 825, Section 2 It is understood and provided that the cost of publication of this ordinance enacted for the benefit of said J. F. Stampfer Co., shall be borne by said J. F. Stampfer Company of Dubuque, Iowa. Special Session, June 30th, 1939. 189 Paragraph 826, Section 3 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 all rights here- under shall accrue to said J. F. Stamp- fer Company, its successors or assigns, when the provisions hereof shall have been accepted by said company. Passed upon first and second read- ings this 22nd day of June, 1939. Passed, adopted and approved this 30th day of June, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: T. T. SHEA, City Clerk. ACCEPTANCE OF ORDINANCE The J. F. Stampfer Company does hereby accept the terms, provisions and conditions of the ordinance adopted by the City Council of the City of Du- buque, designated as: "Ordinance No. 29-39. An Ordinance granting to J. F. Stampfer Co., its successors or assigns, the right to construct and maintain an unloading platform and enclosed en- trance in the alley abutting City Lot Twenty-nine (29) in the town (now City) of Dubuque, Iowa; and prescrib- ing the conditions of such permit," by amending Paragraph 730, Section 1 of said ordinance, this 1st day of July, 1939. J. F. STAMPFER COMPANY, By T. M. STAMPFER. Published officially in the Telegraph - Herald newspaper, this 3rd day of July, 1939. J. J. SHEA, 7 -3 -It City Clerk. June 30, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen:— The petition of Mr. John Wieser and Mrs. Charlotte Shambaugh attached hereto was considered further at the June 19th meeting of the Planning and Zoning Commission. Since the prop- erty ownerships represented by the pe- tition have changed since the original petition was presented, the planning and Zoning Commission takes the lib- erty to recommend to your Honorable Body that a new petition be required before any action is taken. If such a petition is granted later, the Commis- sion feels that the parties taking over vacated property should pay a fair price, or else the city make a long term lease reserving to itself all the rights to such property. Respectfully submitted, R. V. McKAY, Secretary, Planning and Zoning Commission. Councilman Van Duelman moved the adoption of the ordinance. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Proof of publication, certified to by the publishers, of a statement of re- ceipts and also a list of claims for which warrants were drawn during the month of May, 1939, presented and read. 'Councilman Clark moved that the proof of publication be received and filed. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Councilman Van Duelman moved that the recommendation of the Plan- ning and Zoning Commission be made a matter of record. Seconded by Coun- cilman Thompson. Carried by the fol- lowing vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. June 30, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen:— Attached are four copies of a contract supplementing the agreement of Janu- ary 30, 1939, and covering special main- tenance on primary road extensions within the City of Dubuque proposed by the Iowa State Highway Commis- sion. The amount to be paid the City by the Highway Commission is $1,- 420.00 for the work listed. I recommend that the contract be approved and placed on file for public inspection for one week. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Clark moved Manager Rhat the ommendaeapproved sand the con- tract be tract be placed on file for at least one week for public inspection. Seconded by Councilman Thompson Carried by Mur - the following vote: Peas—Thompson, lmen Clar phy, Councilmen Van Duelman, Wharton. Nays --hone. Special Session, June 30th, 1939. June 30. 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen:— At the session of the City Council held June 22, 1939, the petition of J. F. Kemler requesting reductions on snecial assessments levied against the Fast / of the North 88 feet of Lot 783 of A. McDaniel'% Sub. and also on City Lots 281 and 282 in order to handle the tax sale redemptions was referred to the City Manager for investigation and report. The records show that tax certificate No. 55 was sold to Dubuque County on January 2, 1939, against the Fast ;! of the North 88 feet of Lot 783 of A. McDaniel's Sub. for the paving of West Fourteenth Street in the amount of $?6.69 plus interest of $1.33. The de- linquent assessments against City Lots 281 and 282 are for paving Central Avenue in the amount of $133.83 plus i,itvrest of $3.92 and for Boulevard lights on Central Avenue in the amount of $27.62 plus interest of $2.07. 1 re-ommend that following the re- demption of the tax sale certificate held by Dubuque County and after the payments of the delinquent special as- crssments that the City Auditor be au- thorized to draw a warrant on the Spe- ri:il Bonded Fund in the amount of $11.42, representing a refund of all interest in excess of 517o per annum and all penalties included in the pay- ments made to the County Treasurer. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Van Duelman moved that the recommendation of City Man- ager Rhomberg be approved and the City Auditor to be instructed accord- ingly. Seconded by Councilman Clark. Carried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. June 30, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen:— At the session of the City Council held June 5, 1939, the petition of Mrs. Sophia Schnee requesting that the City Treasurer be instructed to accept the face value of the tax sale certificate in the amount of $85.46 held by the City of Dubuque against Lot 20 of Me- Craney's First Addition was referred to the City Manager for investigation and report. An dis- closes that �ont1December 7, 1931, the City bought tax sale certificate 142 against Lot 20 of McCraney's First Ad- dition for paving Garfield Avenue in Fund 553 in the amount of $38.40 and for paving of Ann Street in Fund 831 in the amount of $47.06 or a total of $85.46. Since the date of the sale pen- alties of $6.84 and interest of $51.42 has accrued, making a total of $143.72. I recommend that the petitioner be allowed to redeem tax sale certificate 142 held by the City against Lot 20 of McCraney's First Addition upon the payment of the face value of the cer- tificate plus 501c interest per annum, the balance of interest and penalties to be. waived. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Thompson moved that the recommenddation of City Manaeer Rhomberg be approved and the City Treasurer to be instructed accordinely. Seconded by Councilman Clark. Car- ried by the following vote: Yeas— ?,favor Murnhy, Councilmen Clark. Thomp%on, Van Duelman, Wharton. Nays—None. June 30, 1939. To the Honorable Mayor and City Council. Dubuque, Iowa. Gentlemen:— At the session of the City Council held June 5, 1939, the petition of A. A. Helling requesting the removal of trees from Lot 29 of C. A. Voelker's Addi- tion was referred to the City Manager for investigation and report. I have examined the lot, which is owned by Miss Mildred Schuster of Chicago, and find it to be entirely cov- ered with trees. There is no doubt that the trees along the lot line are a sotirce of annoyance to the adjoining neigh- bor, but since they are not public nuis- ances, the remedy does not rest with the City Council. However, the trees overhanging the alley in the rear are obstacles and hazards to the public use of the alley. I, therefore, recommend that the City Council order the trim- ming and removal of the trees over- hanging the alley. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Thompson moved that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Clark. Carried by the fol- lowing vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson. Van Duelman, Wharton. Nays—None. Special Session, June 30th, 193,. 191 June 30, 1939. To the Honorable Council, Dubuque, Iowa. Gentlemen.— At the session of the City Council held June 22, 1939, the petition of At. nBoland and others requesting the stallation of a street light at the inter- section of Windsor Avenue and Provi- dence Street was referred to the City Manager for investigation and report. Providence Street and East Twenty- second Street are parallel streets only 52.6 feet apart. There is, at present, a street light at the intersection of Wind - sore Avenue and Providence Street, which is unobstructed by trees or build- ings. There is no reason for placing another light within 100 feet of an ex- isting one. I, therefore, recommend that the petition be denied. Respectfully submitted, A. A. RHOMBERG, City Manager Councilman Wharton moved that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mavor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. CITY OF DUBUQUE RESOLUTION NO. 96-39 Previous Contracts Awarded Contract No. 1—Well _-$19,773.10 —Combined Deep Contract No. 2—Reser- \Veil Turbine Pump- voir _________________ 38,365.00 Contract No. 3—Pump- Contract No. 9—Well ing Unit -------------- 11,275.00 Contract No. 4—Addi- 4. Engineering ___-___---- tion to Pumping Sta- 5. Legal and Administration tion ----------------- 54,481.40 Contract No. 5—Heating 7. Miscellaneous ----------- and Plumbing ------- 14,897.46 Contract No. 6—Electri- cal Work ------------ 1,200.00 Contract No. 8—Supply Main From Pump House --------------- 4,917.72 Contracts Tentatively Awarded June 22, 1939 Contract N.o. 7A and 7B —Combined Deep \Veil Turbine Pump- ing Unit ------------ 9,998.00 Contract No. 9—Well House --------------- 50.00 4'68,500.00 4. Engineering ___-___---- 5. Legal and Administration .00 6. Interest ---------------- .00 7. Miscellaneous ----------- .00 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa. WHEREAS, the City of Dubuque, of the County of Dubuque, and State of Iowa pursuant to an advertisement for bids on the furnishing of the proposed Veep Well Pumping Unit, at Lot 503, Ham's Addition, northeast corner of Lincoln and Shiras Streets, heretofore Published on the 6th and 13th day of June, 1939, did on the 22nd day of June, 1939, at ten o'clock at the City Clerk's Office, in the City Hall, in Dubuque, Iowa, receive bids for the furnishing and installing of a Deep Well Turbine Pumping Unit, which said bids were taken under advisement of the City Council. WHEREAS, the base bid of A. Y. McDonald Mfg. Co., Dubuque, Iowa, for the furnishing and installing of a Deep Well Pumping Unit is the lowest and best bid submitted by any re- sponsible bidder, on evaluation basis, and whereas present estimated cost is: 1. Preliminary _______ ---$ 500.00 2. Land and Right of Way- .0C 3. Cnnstruction ------------ 159,557.6E Total Estimate of Construc- tion Contracts -------- $168,557.68 Funds Available PWA Grant -------------- ____-___ __ $ 67,500.00 City of Dubuque Funds 102,500.00 Deposited ---------- Total ---------------$170,000.00 NOW, THEREFORE, Be It Re- 5olved by the City Council of the City Df Dubuque, Iowa, that the contract for the furnishing and installing of a Deep Well Pumping Unit, as Contract 7A and 7Bbeoawardedt to $9,99the Y. Mc- Donald Dubuque, Iowa. Donald Mfg. Co., PROVIDED, however, that this award shall not be o eshtall have been :McDonald Mfg. notified in writing by the City Manager of such award. BE IT FURTHER RESOLVED that this resolution being deemee Dine gent and of immediate necessity effective from and after its final passage and a,110ou by the City Council. Approved and placed on file for one week on June 22, 9. Passed and adopted this 30th day of June, 1939. '�f avor GEO• R. MURPHY, FRANk VAN DUELNIAN. �LBERT CARL A. CIHTORKt�, F �V. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk, 192 Special Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. CITY OF DUBUQUE, IOWA RESOLUTION NO. 98-39 BE IT RESOLVED by the City Council of the City of Dubuque, Ioma. WHEREAS, the City of Dubuque, of the County of Dubuque, and State of Iowa pursuant to an advertisement for bids on the Construction of the Well House at Lot 503, Ham's Addi- tion, northeast corner of Shiras and Lincoln Avenue, heretofore published on the 6th and 13th day of June, 1939, did on the 22nd day of June, 1939, at ten o'clock at the City Clerk's Office, in the City Hall, in Dubuque, Iowa, re- ceive bids for the construction of the Well House, which said bids were tak- en under advisement by the City Coun- cil. WHEREAS, the base bid of the Thos. Flynn Coal Co., Dubuque, Iowa, for the Construction of the Well House is the lowest and best bid submitted by any responsible bidder; and whereas present estimated cost is: 1. Preliminary _____________$ 500.00 2. Land and Right of Way_ .00 3. Construction ------------ 159,557.68 Previous Contracts Awarded Contract No. 1—Well__$19,773.10 Contract No. 2—Reser- voir ----------------- 38,365.00 Contract No. 3—Pump- ing Unit ------------- 11,275.00 Contract No. 4—Addi- tion to Pumping Sta- tion _________________ 54,481.40 Contract No. 5—Heating and Plumbing_______ 14,897.46 Contract No. 6—Electri- cal Work ------------ 1,200.00 Contract No. 8—Supply Main From Pump House --------------- 4,917.72 Contracts Tentatively Awarded June 22, 1939 Contract No. 7A and 7B —Combined Deep Well Turbine Pump- ing Unit ------------- 9,998,00 Contract No. 9—\%'ell House _______________ 4,650.00 4. Engineering ------------8,500.00 5. Legal and Administration .00 6. Interest 7. 3liscellaneous---------- .00 --------- .00 Total Estimate of Con struction Contracts __-_$168,557.68 30th, 1939 Funds Available PWA Grant ______________$ 67,500.00 Citv of Dubuque Funds Deposited ---------- 102,500.00 $170,000.00 NOW, THEREFORE, Be It Re- solved by the City Council of the City of Dubuque, Iowa, that the contract for the construction of the Well House, as Contract No. 9, in the amount of $4- 650.00, be awarded to Thos. Flynn Coal Co., Dubuque, Iowa. PROVIDED, however that this award shall not be effective until Thos. Flynn Coal Co. shall have been notified in writing by the City Manager of such award. BE IT FURTHER RESOLVED that this resolution being deemed ur- gent and of immediate necessity become effective from and after its final passage and adoption by the City Council. Approved and placed on file for one week on June 22, 1939. Passed and adopted this 30th day of June, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. RESOLUTION NO. 113-39. BE IT RESOLVED by the City Council of the City of Dubuque, State of Iowa, as follows: (1) That it is deemed advisable and for the best interest of said City of Dubuque, that the contract between the said City of Dubuque and ANTON ZWACK, INC., Contractor, covering the work on Contract No. 4 of Docket No. Iowa 1684-F be changed as is out- lined on the attached Request for Pro- posal. (2) That the proposal of said Con- tractor covering the change is hereby approved and accepted. (3- That this change will occasion no change in contract price, nor in the con- tractual time limit. Special Session, June 30th, 1939. (4) That such acceptance of the con- tractor's proposal shall become effective only when a certified copy of this reso- lution is sent to the contractor by the engineer of said City of Dubuque, Iowa. BE IT FURTHER RESOLVED, That this resolution being deemed ur- gent and of immediate necessity, be- come effective from and after its final passage and adoption by the City Coun- cil. Passed, adopted and approved this 30th day of June, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Clark moved the adop- tion of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Mur- phy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. RESOLUTION NO. 114-39. BE IT RESOLVED by the Citv Council 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 papers within said City and the Manager is directed to issue such permit on behalf of said City: Name Address Alfred Finch, 1347 Central Avenue. Mrs. Ethel Barrett, 2401 Jackson Street. Henry Manders and John Manders, 2003 Washington Street. Emil Leiser and Hugh J. Kress, 1348 Central Avenue. Frank Reis, 553 Eighth Avenue. Clarence C. Buelow, 1555 So. Grand- view Avenue. Carl A. Clark, 976 Main Street. Joseph C. Schneider, 2900 Central Ave Wm. J. Clesen, 1097 Jackson Street. The American Legion, Dubuque Pos No. 6, 494 Main Street. E. P. Kretz, 498 Main Street. Mrs. F. X. Wille, 2678 Central Avenue Theodore T. Kies, 1362 Central Avenuf A. J. Ender, 2311 Windsor Avenue. A. J. Ender, 1703 Maple Street. Albert G. Peryon, 257 Eighth Avenue The Interstate Company, Illinois Cet tral R. R. Depot. B. A. Ruegnitz, 629 Rhomberg Avenu M. J. Ludwig, 1545 So. Grandview Av Mae Keller and Ruth Keller Motz, 41 and Central Avenue. Roshek Bros. Company, 700-798 Locu Street. 193 ['he Service Club, 951;:: Main Street. ugene McCann, 802 Iowa Street, Phomas P. Sullivan, 620 So. Grandview Avenue. fohn C. Beck, 1501 Central Avenue. Charles Petrakis, 1958 Central Avenue. George Stavros, 1564 Central Avenue. Elmer R. Bradley 2117 Delhi Street. Charles Pochter 342 Eighth Avenue. Rav Nicks and Fred Herber, 521 East 22nd Street. Dell Warren and Ralph Warren, 1700 Central Avenue. B. L. Baumhover, 1040 Julien Avenue. Hartig Drug Co., Inc., 756 'Main Street. Hartig Drug Co., Inc., 97 Locust St. Hartig Drug Co., Inc., 2376 Central Avenue. Arthur H. Eichman, 2119 Rhomberg Avenue. Gen. Ragatz, Jr., 1906 Central Avenue. Henry C. Braun, 1415 Rhomberg Ave. \Irs. N. B. Joseph, 120 Nest First St. \Irs. Emma Zillig, 2222 Central Ave. William H. Pfeffer, 1048 Main 'Street. Arthur W. Pins, 408 West Locu�t St. Amv Haley, 815 West Fifth Street. J. L. Spielman, 601 Rhomberg Avenue. Joseph J. Ott, 1001 Rhomberg Avenue. Norbert W. Brodeur, 1080. Julien Ave. Geo. C. Kruse, 2418 Central Avenue. hermit Meyers and Thomas Lilly, 714 Main Street. Roy A. Wright, 2600 Central Avenue. Georpe J. Scherer, 1187 Iowa Street. Robert J Quinlan and Evelyn J. Quin- lan, 1091 White Street. Jos, J. Bertsch, 304-310 Main Street. Mrs. Elsie Recker, 127 West Sixth St. Norman Palmer and Roy McLean, 1322 Central Avenue. J. F. Stampfer Co., 8th and Main Sts. BE IT FURTHER RESOLVED that the bonds filed Nvith the applica- tions be approved. Passed, adopted and approved this 30th day of June, 1939. GEO. R. MURPHY, Mayor. FRA \ I: \-AN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. L Attest: J. J. SHEA, Citv Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas-111'ahomptnn, phv, Councilmen Clark, �'an Duelman Wharton. Nays—None. RESOLUTION NO. 115-39. e• for Beer WHERL-k, 6pplicatiottl 1939. have h Permits expirin on July been submitted to this Council for ap- st In -oval and the same have been exam- ined; Now, 194 Special Session, June 30th, 1939. BE IT RESOLVED by the Council of the Cit}, of Dubuque that the fol - lo« ing 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 Name Address Theodore E. Anthony and Lillian An- thony, 1179 Iowa Street. William E. \\'odrich and Anna Wod- rich, 1101 Rhomberg Avenue. John Stemm and Alberta Stemm, 1298 main Street. Andrew Schiltz and Lewis J. Schiltz, 1540 Central Avenue. Mike Sand and Marie Sand, 2498 Cen- tral Avenue. Mrs. Anna Kirkpatrick, 457 Eighth Ave. Mrs. Lois H. King, 2372 Central Ave. Frank W. Childers and Rosella Chil- ders, 3203 Jackson Street. Clarence C. Buelow and Adele Buelow, 1555 So. Grandview Avenue. Frank Reuter, 2616 Windsor Avenue. Joseph A. Beecher, 24th and White Streets. Emil Leiser and Hugh J. Kress, 1348 Central Avenue. Percy L. Smith, 2116 Central Avenue. 'Phomas R. Peed and Kathryn Peed, 236 West Seventh Street. Charles T. Snyder, 543 Eighth Avenue. Charles Pochter and Ruth Pochter, 342 Eighth Avenue. James Slack and Leo P. Meyer, 1200 Iowa Street. George J. Scherer, 1187 Iowa Street. Al. V. Poire and Mary Poire, 1638 Central Avenue. Frank Klein and Anna Klein, 600 Cen- tral Avenue. George Berwick, 400 Iowa Street. Carl J. I\Ioes and Anton does, 698 Central Avenue. Leo Cunningham and John M. Thomp- son, 263 West First Street. Norbert W. Brodeur and Catherine Brodeur, 1080 Julien Avenue. Jos. J. Bertsch and Edw. Cosgrove, 304-310 Main Street. Robert J. Quinlan and Evelyn Quin- lan, 1091 \Vhite Street. AlbeV rt Df. ccer, 130 Eighth Avenue. N Arman Talnur olid Roy McLean, 1322 Central Avenne, Class "B" Permit For Private Club The Service Club, 951V Main Street. C lie Dubuque Club, 9th and 11 ain Sts. Class "C" Permit. Roshck Brothers Locust Street. Company, 700-798 Alfred Manders, 83 Locust Street. Arthur I\% Pins, 408 Nest Locust St. Passed, adopted and approved this 30th day of June, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL, A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Clark moved the adop- tion of the resolution. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Mur- phy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. RESOLUTION NO. 116-39. WHEREAS, heretofore applications were filed by the within named appli- cants for Beer Permits and they re- ceived the approval of this Council; and WHEREAS, the premises to be oc- cupied by them have been inspected and found to comply with the ordin- ances of this City and they have filed a proper bond; Now, Therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the Manager be and he is hereby di- rected to issue to the following named persons a Beer Permit. Class "B" Permit. Name Address Theodore E. Anthony and Lillian An- thony, 1179 Iowa Street. William E. Wodrich and Anna Wod- rich, 1101 Rhomberg Avenue. John Stemm and Alberta Stemm, 1298 Main Street. Andrew Schiltz and Lewis J. Schiltz, 1540 Central Avenue. Mike Sand and Marie Sand, 2498 Cen- tral Avenue. Mrs: Anna Kirkpatrick, 457 Eighth Avenue. Mrs. Lois H. King, 2372 Central Ave. Frank W. Childers and Rosella Chil- ders, 3203 Jackson Street. Clarence C. Buelow and Adele Buelow, 1555 So. Grandview Avenue. Frank Reuter, 2616 Windsor Avenue. Joseph A. Beecher, 24th and White Sts. Emil Leiser and Hugh J. Kress, 1348 Central Avenue. Percy L. Smith, 2216 Central Avenue. Thomas R. Peed and Kathryn Peed, 236 West Seventh Street. Charles T. Snyder, 543 Eighth Avenue. Charles Pochter and Ruth Pochter, 342 Eighth Avenue. James Slack and Leo P. Meyer, 1200 Iowa Street. George J. Scherer, "1187 Iowa Street. Al. V. Poire and Mary Poire, 1638 Cen- tral Avenue. Frank Klein and Anna Klein, 600 Cen. tral Avenue. George Berwick, 400 Iowa Street. Carl J. Moes and Anton Moes, 698 Central Avenue. Leo Cunningham and John M. Thomp- son, 263 West First Street. Norbert W. Brodeur and Catherine Brodeur, 1080 Julien Avenue. Jos. J. Bertsch and Edw. Cosgrove, 304-310 Main Street. Robert J Quinlan and Evelyn Quinlan 1091 White Street. ' Albert M. Meyer, 130 Eighth Avenue. Norman Palmer and Roy McLean, 1322 Central Avenue. Class "B" Permit For Private Club The Service Club, 951V2 Main Street. The Dubuque Club, 9th and Main Sts. Class "C" Permit. Roshek Brothers Company, 700-798 Locust Street. Alfred Manders, 83 Locust Street. Arthur W. Pins, 408 West Locust St. BE IT FURTHER RESOLVED that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 30th day of June, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL, A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Clark moved the adop- tion of the resolution. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. There being no further business, Councilman Clark moved to adjourn. Seconded by Councilman Thompson. Carried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. J. J. SHEA, City Clerk. Approved 3 0244939. Adopted _ _DAll 939. Q---- -------- Councilmen: l r ___7 --------- Attest: -__-__Attest: Cierk. lune 30th, 1939. Board of Health (Official.) Special Session, June 30th, 1939 Board met at 9:10 P. M. Present—Chairman Geo. R. Murphy, Messrs. Carl A. Clark, F. � DV. Thomp- son, Frank Van uelman, Albert Wharton. Communication of Health Director Entringer and Sanitary Officer Scherry advising Board of Health that approxi- mately 25 houses on Southern Avenue are not connected with the sewer, where sewer and water are both avail- able, presented and read. Mr. Carl A. Clark moved that- the communication be referred to the City Manager and Water Superintendent for to try and work out some solution of this matter. Seconded by Mr. F. W. Thompson. Carried by the following vote: Yeas— Chairman Geo. R .Murphy, Messrs. Carl A. Clark, F. W. Thompson, Frank Van Duelman, Albert Wharton. Nays —None. There being no further business, Mr. Frank Van Duelman moved that the Board of Health adjourn. Seconded byMr. F. W. Thompson. Carried by the following vote: Yeas—Chairman Geo. R. Murphy Messrs Carl A. Clark, F. W. Thompson, Frank Van Duel - man, Albert Wharton. Nays—None. J. J. SHEA, Clerk, Board of Health. Approved GAAT"t 16t�4939. Adopted DAA 3ii_;d-1939. C Members of z 1A Board of Health -�- J Attest:__ - -*------- Cl oard of Health. 1 YO - -- - --- Regular Session, July 3rd, 1939. 197 City Council (official.) Regular Session, July 3rd, 1939. No members of the Council being present on roll call, the meeting was postponed subject to call. J. J. SHEA, City QClerk. Approved -V Q ee Adopted SD� _D .-1939. ---- -- Counc --- ---- = - --------- Attest: --- Y �� City Clerk. 1 y� Adjourned Regular Session, July 5th, 1939. City council (official) Adjourned Regular Session, July 5th, 1939. Council met at 7:45 P. M Present—Mayor Murphy, Council- men Clark, Van Duelman, Wharton, City Manager Rhomberg. Absent— Councilman Thompson. Mayor Murphy stated that this meet- ing is an adjourned meeting of the regular meeting of July 3rd, 1939, for the purpose of acting upon such busi- ness as may properly come before a regular meeting of the City Council. Petition of St. Patrick's Parish, Ep- worth, Iowa, requesting permission to suspend a banner across Main Street between 8th and 9th Streets, presented and read. Councilman Van Duelman moved that the request be granted. Seconded by Councilman Clark. Car- ried by the following vote: Yeas— Mayor Murphy, Councilmen Clark,Van Duelman, Wharton. Nays—None. Ab- sent—Councilman Thompson. Petition of Edwin C. Kuehnle re- questing a refund of the interest and penalties due on special sewer assess- ment for Lot 25, Sister's Addition, pre- sented and read. Councilman Wharton moved to refer the petition to the City Manager for investigation and report. Seconded by Councilman Clark. Car- ried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Van Duelman, \\'harton. Nays—None. Ab- sent—Councilman Thompson. Petition of Mrs. Louis Welter et at requesting the City Council to abate the smoke nuisance caused by the Iowa Dail Company and also to prohibit the I"wa Dairy Company from blowing their flues in the morning, presented and read. Councilman Clark 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 Wharton. Carried by the fullowint> vote: Yeas—Mayor Murphy, COm1Cillilen Clark, Van Duelman Wharton. Nays—None. Absent— , Councilman Thompson. Mr. Louis \\'el - ter addressed the Council requesting that favorable action be taken on their petition and that the nuisance be or- dered abated. Councilman Wharton nw-•ed that the petition be referred to the Cite Manager and Chief of Police for investigation and report. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Van Duelman: Wharton. Nays—None. Absent— Councilman Thompson. Returns of service, subscribed and sworn to by H. H. Howie, Building Commissioner, of notices of condemna- tion proceedings on Wilbert Farley, Lillian Ternes, Rose McLaughlin, Ethel Ferring, Elrene Meng, Thomas Farley, John Farley, and Mary Howard, noti- fying them to appear before the City Council and show cause why the buildings located upon the south one- half of Lot 115 and the north thirty- two feet and ten inches of Lot 116 of East Dubuque Addition should not be declared a nuisance and abated, pre- sented and read. Attorney J. Edward Whelan addressed the Council on be- half of Adam Berntgen, as the mort- gage holder against the south one-half of Lot 115 and the north thirty-two feet ten inches of Lot 116 of East Dubuque Addition, stating that no notice of con- demnation proceedings had been served upon Adam Berntgen, as the mortgage holder, as the State Law requires that the mortgage holder must be served with a notice of the condemnation pro- ceedings. Councilman Clark moved that action be deferred until such time as the City Solicitor can give an opinion to the Council as to the legality and need of serving condemnation notice upon Adam Berntgen, the mortgage holder. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Murphy, Council- men Clark, Van Duelman, Wharton. Nays—None. Absent—Councilman Thompson. Return of service, subscribed and sworn to by H. H. Howie Building Commissioner, of notice of condemna- tion proceedings on Frank Mathis, noti- fying him to appear before the City Council and show cause why the build- ings located on Lots 10 and 11 of Sub. of Mineral Lot 68 should not be declar- ed a nuisance and abated, presented and read. Councilman Clark moved that the return of service be received and filed. Seconded by Councilman Whar- ton. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Van Duelman, Wharton. Nays —None. Absent—Councilman Thomp- son. Return of service, subscribed and sworn to by H. H. Howie, Building Commissinoer, of notice of condemna- tion proceedings on Alvin Lee notify- ing him to appear before tl,e Cit;: Council and show cause why the build- ings located on Lots 10 and 11 of Sub - of Mineral Lot 68 should not be de- clared a nuisance and abated, presented and read. Mr. Alvin Lee addressed the Adjourned Regular ,Session, July 5th, 1939. 199 Council stating that on account of con- demnation proceedings being started that the loan which he had applied for was cancelled and stated that if he was given sixty days' time he could prob- ably secure the necessary loan. Coun- cilman Clark moved that the return of service be received and filed. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Mur- phy, Councilmen Clark, Van Duelman, Wharton. Nays—None. Absent— Councilman Thompson. Resolution No. 117-39. Whereas, Under appropriate pro- ceedings heretofore taken by this Council, a certain structure located up- on Lot Ten and Lot Eleven of the Sub- division of Mineral Lot 68 in the City of Dubuque, Iowa, owned by Alvin Lee, has been declared to be dangerous, due to dilapidation, lack of repair, and other causes, and the owner thereof was given an opportunity to be heard and to show cause why said building should not be declared to be a nuisance and ordered abated. Now, Therefore, Be It Resolved By The City Council Of The City of Du- buque, after full and fair consideration, that the building above described be, and it is ordered abated and taken down on or before the 15th day of September, 1939.. Be It Further Resolved, That the Building Commissioner be, and he is hereby directed to serve upon the said Alxin Lee a written notice requiring him to abate said nuisance and to take down and demolish said building on or before the 15th day of Sepember, 1939, attaching to said notice copy of this resolution. Be It Further Resolved, That should said owner fail to demolish or abate said nuisance within the time herein provided, then and in that event said building shall be demolished and taken down and the nuisance caused thereby shall be abated by and under the directions of the Chief of the Fire Department of the City of Du- buque, and all costs thereof and ex- penses incident thereto shall be as- sessed against the above described real estate. Passed, adopted and approved this 5th day of July, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Wharton moved the adoption of the resolution. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Van Duelman, Wharton. Nays—None. Absent— Councilman Thompson. Return of service, subscribed and sworn to by H. H. Howie, Building Commissioner, of notice of condemna- tion proceedings on The Sisters of the Holy Ghost notifying them to appear before the City Council and show cause why the buildings located on City Lot 14 should not be declared a nuisance and abated, presented and read. Coun- cilman Wharton moved that the return of service be received and filed. Sec- onded by Councilman Clark. Carried by the following vote: Yeas—Mayor 'Murphy, Councilmen Clark, Van Duel - man, Wharton. Nays—None. Absent —Councilman Thompson. Resolution No. 118-39. Whereas, under appropriate proceed- ings hereofore taken by this Council, a certain structure located upon Lot Fourteen (14) original town (now City) of Dubuque, Iowa, owned by The Sisters of the Holy Ghost, has been declared to be dangerous, due to dilapi- dation, lack of repair, and other cau;r�, and the owner thereof was given an opportunity to be heard and to show cause why said building should not be declared to be a nuisance and ordered abated. Nojv, Therefore, Be It Resolved By The City Council of The City of Du- buque, after full and fair consideration, that the building above described be, and the same is hereby declared to be a nuisance and it is ordered abated and taken down oil or before the 15th day of August, 1939. Be It Further Resolved, That the Building Commissioner be, and he is hereby directed to serve upon the said Sisters of the Holy Ghost a written notice requiring them to abate said nuisance and to take clown and denu'l i'h said building on or before the 15th day of August, 1939, attaching to said notice copy of this resolution. Be It Further Resolved, That should said olvner fail to demolish or abate said nuisance within the time herein provided, then and in that event said building shall be demolished and taken down and the nuisance caused thereby shall be abated by and under the direr tions of the Chief of the Fire D idaall meat of the City of Dubuque, , costs thereof and expen'e' incident f 200 Adjourned Regular Session, July 5th, 1939. thereto shall be assessed against the above described real estate. Passed, adopted and approved this 5th day of July, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Clark moved the adop- tion of the resolution. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Mur- phy, Councilmen Clark, Van Duelman, Wharton. Nays—None. Absent— Councilman Thompson. Return of service, subscribed and sworn to by H. H. Howie, Building Commissioner, of notice of condemna- tion proceedings on Celia A. Heyne notifying her to appear before the City Council and show cause why the build- ing located on Lot 1 of Burden and Lawther's Addition should not be de- clared a nuisance and abated, presented and read. Councilman Clark moved that the return of service be received and filed. Seconded by Councilman Van Duelman. Carried by the follow- ing vote: Yeas—Mayor Murphy, Coun- cilmen Clark, Van Duelman Wharton. Nays—None. Absent-6ouncilman Thompson. Resolution No. 119-30. Whereas, Under appropriate proceed- ings heretofore taken by this Council, a certain structure located upon Lot 1 of Burden and Lawther's Addition to the City of Dubuque, Iowa, owned by Celia A. Heyne, has been declared to be dangerous, due to dilapidation, lack of repair, and other causes, and the owner thereof was given an opportun- ity to be heard and to show cause why said building should not be declared to be a nuisance and ordered abated. Now, Therefore, Be It Resolved By The City Council of the City of Du- buque, after frill and fair consideration, that the building above described be, and the same is hereby declared to be a nuisance and it is ordered abated and taken down on or before the 15th day of September, 1939. Be It Further Resolved, That the Building Commissioner be, and he is hereby directed to serve upon the said Celia A. Heyne a written notice re- quiring her to abate said nuisance and to take down and demolish said build- ing on or before the 15th day of Sep- tember, 1939, attaching to said notice copy of this resolution. Be It Further Resolved, That should said owner fail to demolish or abate said nuisance within the time herein provided, then and in that event said building shall be demolished and taken down and the nuisance caused thereby shall be abated by and under directions of the Chief of the Fire Department of the City of Dubuque and au costs there- of and expenses incident thereto shall be assessed against the above described real estate. Passed, adopted and approved this 5th day of July, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Wharton moved the adoption of the resolution. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Van Duelman, Wharton. Nays—None. Absent— Councilman Thompson. Return of service, subscribed and sworn to by H. H. Howie, Building Commissioner, of notice of condemna- tion proceedings on Leonard Schuster notifying him to appear before the City Council to show cause why the build- ing located on Lot 354 Ham's Addition should not be -declared a nuisance and abated, presented and read. Councilman Clark moved that the return of service be received and filed. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Van Duelman, Wharton. Nays—None. Absent— Councilman Thompson. Resolution No. 120-39. Whereas, Under appropriate proceed- ings heretofore taken by this Council, a certain structure located upon Lot 354 in Ham's Addition to the City of Du- buque, Iowa, owned by Leonard Schus- ter, has been declared to be dangerous, due to dilapidation, lack of repair, and other causes and the owner thereof was given an opportunity to be heard and t�show cause why said building should no the declared to be a nuisance and ordered abated. Now, Therefore, Bt It Resolved By the City Council of the City of Du- buque, after full and fair consideration, that the building above described be, and the same is hereby declared to be a nuisance and it is ordered abated and taken down on or before the 15th day of August, 1939. Adjourned Regular Session, July 5th, 1939. Be It Further Resolved, That the Building Commissioner be, and he is 201 damnation committee of three be hereby directed to serve upon the said Schuster, a written notice re- a pointed by your honorable body to in. tand he recoove quiring him to abate said nuisance and reportect mmendation according to law. to take down and demolish said build- ing on or before the 15th day of Au- Respectfully submitted, gust, 1939, attaching to said notice copy of this resolution. H. H. HOWIE, Be It Further Resolved, That should Building Commissioner. said owner fail to demolish or abate said nuisance within the time herein provided, then and in that event said July 5, 1939. building shall be demolished and taken down and the nuisance caused thereby Mr. Harry Howie, Building Commis- shall be abated by and under the di- sioner, Dubuque, Iowa. rections of the Chief of the Fire De- Dear Sir: partment of the City of Dubuque, and all costs thereof and expenses incident thereto shall be Complying with your request of re- assessed against the above described real estate. cent date, I have made an inspection of the barn and outbuildings on the Passed, adopted and approved this 5th day of July 1939. premises of Lot 1 of Mineral Lot 145. The barn is a two story frame with one story wood lean-to addition. The bung and aitions GEO. R. MURPHY, Mayor. eralddi ap dateddco nditionrandt because FRANK VAN DUELMAN, of hay storage, corn stalks, and failure ALBERT WHARTON, to remove excess manure accumula- CARL A. CLARK, tions, constitute a fire hazard to other buildings in the vicinity. I therefore Councilmen. recommend that the buildings be con- Attest: J. J. SHEA, City Clerk. demned and ordered torn down, and all inflammable waste material removed Councilman Clark moved the adop- from the premises. tion of the resolution. Seconded by Councilman Van Duelman. Carried by Yours very truly, the following vote: Yeas—Mayor Mur- WM. L. RYAN, hpy, Councilmen Clark, Van Duelman, Wharton. Nays—None. Absent— Chief, Fire Department. Councilman Thompson. July 5, 1939. June 27th, 1939. To the Honorable Mayor, City Council City Manager and City Council, and City Manager, Dubuque, Iowa. Dubuque, Iowa. Gentlemen: Gentlemen: I am attaching reports of the Health The Health Department wishes to Department and of the Fire Depart- recommend that old barn and sheds at ment regarding the property of Patrick 39 S. Grandview Avenue, owned by O'Shea at 39 South Grandview Ave- Patrick O'Shea, should be condemned. nue, Lot 1 of Mineral Lot 1.15. Upon investigation we find that there These departments as well as the is a very strong odor from horse nna- Building Department have received numerous complaints during the past pure which is scattered around pro- nniscuously and causes a very bad odor. two years based on the odors, appear- ance and danger of fire due to mainten- The sheds and barns are dilapidated and in our opinion are wery dangerous ance of horses on the property. In ad- both from a health and sanitary con- dition to the storage of manure, corn dition. stalks, hay, kindling and old equipment used for farming has been allowed to Some action should be taken in re- accumulate and the general appearance g aro to this matter. tends to detract from the value of the Very truly yours, surrounding properties. ALJ. ENTRINGER, M.D. In my estimation the buildings have deteriorated to such an extent that de- Director of Health. molition should be recommended. In JOSEPH '1'. SCH.\RKY, accordance with the City Ordinance I Sanitary Inspector. would respectfully request that a con- 202 Adjourned Regular Session, July 5th, 1939. r Councilman Van Duelmau moved that the comunications and reports of Building Commissioner Howie, Fire Chief RyanDirector of Health I;n- gincer n , officer received and made aOmatter S of ;record and that Messrs. Fred Schroeder, Nor- man Kormann and C. I. Krajewski be appointed as a condemnation committee to inspect said buildings and report their findings and recommendations back to the City Council. Seconded by Coun- cilman Clark. Carried by the following vote. Yeas—Mayor Murphy, Council- men Clark, Van Duelman, Wharton. Nays—None. Absent — Councilman Thompson. July 5, 1939 Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: On June 27th there was referred to me for investigation and report the claim of Floyd Roth in the sum of $7.50 for damages to an automobile on June lith, said damages being incurred when the right fender and running board of said car caught on the man- hole cover which extended from the curb in front of the State Theatre. I have completed investigation of this claim and respectfully recommend that said claim be allowed in the sum of $7.50, and upon the execution of a receipt and release, a warrant be drawn payable to Floyd Roth in the sum of :7.50, in full settlement of said claim. Claim and statement are attached hereto. Respectfully submitted AL. J. NELSON, City Solicitor. Councilman Clark moved that the recommendation of City Solicitor Nel- son be approved and that a warrant in the amount of $7.50 be ordered drawn in favor of Floyd Roth as settlement in full of his damage claim, said damage being incurred when the right fender and running board of his car caught on the manhole cover which extended in to the street in front of State Theatre, said warrant to be delivered to Floyd Roth upon the execution of a receipt and release. Seconded by Councilman Van Duelman. Carried by the follow- ing vote: Yeas—Mayor Murphy, Coun- cilmen Clark, Van Duelman, Wharton. Nays—None. Absent — Councilman Thompson. Resolution No. 121-39. Be It Resolved By the City Council of the City of Dubuque, Iowa, That it is deemed advisable to sell Lot Twenty - Nine (29) of O'Neill's Riverview in the City of Dubuque, Iowa, to Geraldine O. Harms for the sum of One Hundred Fifty and No/100 ($150.00) Dollars, and to execute a quit claim deed of said premises to said grantee and deliver the same to her upon the payment of said purchase price. Be It Further Resolved, That the Mayor and Clerk of said City of Du- buque, be, and they are hereby author- ized and directed to execute said deed on behalf of the City of Dubuque, and to affix thereto the official seal of said city. Passed adopted and approved this 5th day of July, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Clark moved the adop- tion of the resolution. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Mur- phy, Councilmen Clark, Van Duelman, Wharton. Nays—None. Absent— Councilman Thompson. #1 Adjourned Regular Session, ,July 5th, 1939. 203 BUDGET ESTIMATE AND RECORD OF FILING CITY ESTIMATE NOTICE -The City Council of City of Dubuque of Dubuque County, Iowa, will meet August 7th, 1939, at 7:30 P. M., at the Council Chamber in the City Hall. Taxpayers will be heard for or against the following estimate of expenditures at that time. J. J. SHEA, 7-11-1t City Clerk. General _____$216,003 $ 1 2 3 4 5 6 7 5,584 3,840 Grading _____ 10,000 773 ----- ------- 234.,i/75 4,676 7,8.45 Sewer _______ 2,000 1,025 ----- ------- ------ 846 1,830 z ------ ------------� ----- ---- Light _______ 39,372 5,420 _____ ------- oar= 45,510 49,761 Consolidated Tax _______ 281,375 47,000 234,375 294,957 324,582 Fire Equipment 12,550 9,748 ----- ------- 12,550 General _____$216,003 $ 4,448 $ ----- $ 47,000) ----- $238,341 $ 261,306 Improvement 14,000 1,102 _____ ------- ------ 5,584 3,840 Grading _____ 10,000 773 ----- ------- 234.,i/75 4,676 7,8.45 Sewer _______ 2,000 1,025 ----- ------- ------ 846 1,830 Water------- ------ ------ ------------� ----- ---- Light _______ 39,372 5,420 _____ ------- ------ 45,510 49,761 Consolidated Tax _______ 281,375 47,000 234,375 294,957 324,582 Fire Equipment 12,550 9,748 ----- ------- 12,550 1,595 10,406 Fire Main- tenance ___ 116,600 5,781 ----- ------- 116,600 103,919 107,656 Firemen's Pension ___ 26,763 12,051 4,011 1,300 21,425 17,663 16,836 Street Cleaning & Garbage Disposal __ 34,734 249 ----- 18,000 16,734 35,855 36,944 Library _____ 28,407 453 ----- 1,500 26,907 28,805 27.119 Waterworks__ 160,450 92,038 10,000 150,450 ------ 143,547 181,264 22,702 Park -------- 23,000 536 1,434 650 20,916 22,930 Policemen's Pension 14,735 8,647 214 1,000 13,521 11,128 11,309 _ _ Bond -------- 61,245) 19,472 ----- ------- 61,245 95,000 93,000 47,414 Bond Interest 24,096) ------- 24,096 33,467 47,512 13,62-5 31,524 Emergency __ 33,467 1,248 ----- ------- Dock Bond &35 810 27425 , 31,104 Interest ___ 35,810 10,069 ----- 16,734 13.239 13,396 Main Sewer _ 16,734 740 ----- ------- 2,260 16,700 15,283 38,140 Dock Operating 18,960 3,490 ----- Playground & 2,575 12,684 12,923 12,980 Swim Pool_ 15,259 1,986 ----- . 5,656 ----- Snow Removal_ 5,656 323 ----- ------- Totals _____$909,841 $179,599 $15,659 $224,735 $669,4.37 $885,406 $1,006,376 Estimated Taxes per $1,000.00 of assessed value, $19.998. __$ $ 33,362.735 Adjusted Taxable Valuation (1938)------------------------------ -- 7,647,739 Moneys and Credits (1938) at 6 mills ----------------------155,286 Moneys and Credits (1938) at 2 mills------------- 104 Adjourned Regular Session, July 5th, 1939. Resolution No. 122-39 �� hcreas, the Council of the City of Dubuque has duly considered and caused to be prepared the budget esti- mate of expenditures for the fiscal year beginningApril 1, 1940, and end- ing March 31, 1941, as a basis for the tax levy for the year 1939, the same to be collected in the year 1940, and said budget having been duly approved by it; Now, Therefore, Be It Resolved by the Council of the City of Dubuque that said budget estimate be and the same is hereby ordered filed in the office of the Clerk of Dubuque and the date of public hearing thereon is hereby fixed as the 7th clay of August, 1939, at 7:30 o'clock p. in. in the Council Chamber in the City Hall. Be It Further Resolved, That said Clerk be and he is hereby directed to cause said budget estimate of expendi- tures and proposed tax levy to be pub- lished in the official newspaper of the City of Dubuque and an official notice to be given of the time and place, when and where said budget estimate will be considered by said Council for final adoption, at which time and place tax payers will be heard for and against said estimate, said publication to be not less than ten (10) days before said date of hearing. Be It Further Resolved, That in lieu of all of the separate annual levies for the General Fund, the Grading Fund, the Improvement Fund, the Sewer Fund and the Electric Light and Power Fund, there shall be levied one (1) tax which shall be designated as the "Con- solidated Tax Levy." Passed, adopted and approved this 5th day of July, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Clark moved the adop- tion of the resolution. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Van Duel - man, Wharton. Nays—None. Absent —Councilman Thompson. Resolution No. 123-39 Be It Resolved by the City Council of the City of Dubuque that the fol- lowing, having complied with the pro- visions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City: Name Address Fraternal Order of Eagle, No. 568, 6th and Locust Streets; Milton J. Kal- mes, 1085 Julien Avenue; Raymond Stoltz and George Zillig, 234 West Ninth Street. Be It Further Resolved, That the bonds filed with the applications be approved. Passed, adopted and approved this 5th day of July, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Second- ed by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Van Duel - man, Wharton. Nays—None. Absent —Councilman Thompson. July 5, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen:— Pursuant to your instructions 'sealed bids were received until 10:00 o'clock A. M., July 5, 1939, for furnishing two 750 G. P. M. Triple combination pump- ing engines for the Fire Department. Attached hereto is a tabulation of the bids received showing prices and the essential data on the various types of equipment offered by the bidders. Respectfully submitted, A. A. RHOMBERG, City 'Manager. Councilman Clark moved that the communication of City Manager Rhom- berg and attached tabulation of bids be referred to the City Council for con- sideration. Seconded by Councilman Van Duelman. Carried by the follow- ing vote: Yeas—Mayor Murphy, Coun- cilmen Clark, Van Duelman, Wharton. Nays — None. Absent — Councilman Thompson. There being no further business Councilman Van Duelman moved to adjourn. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Van Duelman, Wharton. Nays —None. Absent—Councilman Thomp- son. J. J. SHEA, City Clerk. Approved_o __ 39. Adopted _ _ A 1939. � Councilm _ _____ ____ _________ Attest: City Clerk. Nm Special Session, July 20th, 1939, 205 __ 1 City Counc (official.) Special Session, July 20th, 1939. Council met at 8:10 P. M. Present—Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton, Manager Rhomberg. Meeting called by order of Councilmen Clark and Wharton. Mayor Murphy read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of considering for approval 'Supplemental Contract No. 1 between the City of Dubuque and the Iowa State Highway Commis- sion for Primary Road Extension Maintenance and acting on any other business as may properly come before a regular meeting of the City Council. Councilman Clark 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 following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. plan. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Petition of Dubuque Tri-State Rodeo requesting permission for the use of the City property adjoining the Municipal Athletic guField for parking purposes on Aust 3rd, 4th, 5th and 6th, presented and read. Councilman Clark moved to refer the petition to the City Manager. Seconded by Councilman Thompson. Carried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Petition of M. A. Herbst, et al, re- questing the Council to reconsider their action taken in the matter of the in- stallation of a street light at the inter- section of \\"indsor Avenue and Provi- dence Street, presented and read. Coun- cilman Clark moved to refer the peti- tion to the Council to view the grounds. Seconded by Councilman Thompson. Carried by the following vote: Yeas— Mayor Murphy Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Petition of Chas. Gau requesting re- lief on the special assessments levied against Lot 1 of 2 of 1 of 7 and Lot 1 of 1 of 7 of Peil's Subdivision, present- ed and read. Mr. F. Millin addressed the Council requesting that Mr. Chas. Gau be given some relief on the spe- cial assessments levied against his prop- erty as the Pier Company are the hold- ers of a mortgage against this property and if Mr. Gau is given some relief it may not be necessary that the mortgage be foreclosed. Councilman Clark moved to refer the petition to the City Man- ager for investigation and report. Sec- onded by Councilman Thompson. Car- ried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Communication of Seubert & Fessler submitting enclosed bill from A. J. Huss in the amount of $8.94 for dam- ages to his truck caused in driving over a ditch at 654 Kane Street, this ditch being filled on July 6th and the next morning, July 7th, during a rain storm, Mr. Huss drove over this ditch breaking the front spring of his truck, and requesting that the matter of pay- ment of this bill be taken up with the Bonding Company, presented and read. Councilman Clark moved to refer the communication and bill to the City So- licitor for investigation and report. Seconded by Councilman Van Duel- Petition of W. M. Kretschmer, re- questing that the Southeasterly 93 feet of Lot 5 in Fengler's Addition be re- zoned as a business district, presented and read. Councilman Wharton moved to refer the petition to the Planning and Zoning Commission for their rec ommendation and report. Seconded by Councilman Clark. Carried by the iol- lo,ving vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson. \•an Duelman, Wharton. Nays—None. Petition of St. Paul's \fission House, a Epworth, Iowa, requesting permission to place a sign cross Main Street be- tween Sth and 9th Streets and also for permission to place an automobile on Main Street at the corner of 9th and \lain Streets for the purpose of asking for donations to help their poor Mission students, presented and read. City Manager Rhomberg recommending that the request for the placing of a sign across Main Street he granted -but a t that the request for the parking f automobile at the corner of Ninth and \lain Streets be denied. Councilman Clark moved that the recommendation of City Manager Rhomberg be ap- proced. Seconded by Councilman Thompson. '�-or Murphy,fCo(wing uncil- vote: Yeas—. men Clark, Thompson. A'an Duelman, Wharton. Nays—None. Petition of J. F. Stampfer Compan>'• requesting dingpermission t'"en erect a their buildi ng truss extending sHouse Theatre in and the Grand Opera order that a pole carrving the wires of the Interstate Power Company may be 206 Special Session, July 20th, 1939. removed, presented and read. Council- man Wharton moved that the petition be referred to the City Manager and Building Commissioner for a report to be submitted back to the City Council. Seconded by Councilman Clark. Car- ried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Petition of University of Dubuque, requesting that the entire alley north of Grace Street and connecting Algona Street and Auburn Street in the rear of Lots 28 to 34 inclusive, in Reche's Subdivision, be vacated, also that the alley connecting the above mentioned alley and lying in the rear of Lots 35 to 38 in Reche's Subdivision be vacated and also that that portion of the alley north of Lot 7 in Reche's Subdivision be vacated, presented and read. Coun- cilman Van Duelman moved to refer the petition to the Planning and Zon- ing Commission for their recommenda- tion and report. Seconded by Council- man Clark. Carried by the following vote: Yeas—Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton. Nays—None. Return of service, subscribed and sworn to by H. H. Howie, Building Commissioner, of condemnation pro- ceedings, Resolution No. 119-39, served upon Celia A. Heyne, owner of Lot 1 of Burden and Lawther's Addition, notify- ing her that the building located on said Lot 1 of Burden and Lawther's Addition has been declared a nuisance and is ordered abated and taken down on or before the 15th day of Septem- ber, 1939, presented and read Council- man Clark moved that the return of service be received and filed. Seconded by Councilman Van Duelman Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Return of service, subscribed and sworn to by H. H. Howie, Building Commissioner, of condemnation pro- ceedings, Resolution No. 118-39, served upon The Sisters of the Holy Ghost, owners of City Lot 14, notifying them that the building located on said City Lot 14 has been declared a nuisance and is ordered abated and taken down on or before the 15th day of August, 1939. presented and read. Councilman Clark moved that the return of service be received and filed. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Return of service, subscribed and sworn to by H. H. Howie, Building Commissioner, of condemnation pro- ceedings, Resolution No. 117-39, served upon Alvin Lee, owners of Lots 10 and 11 of 'the Subdivision of Mineral Lot 68, notifying him that the buildings located upon said Lots 10 and 11 of the Sub- division of Mineral Lot 68 have been declared a nuisance and is ordered abated and taken down on or before the 15th day of September, 1939, presented and read. Councilman Clark moved that the return of service be received and filed. Seconded by Councilman Van Duelman. Carried by the follow- ing vote: Yeas—Mayor Murphy, Coun- cilmen Clark, Thompson, Van Duel - man, Wharton. Nays—None. Return of service, subscribed and sworn to by H. H. Howie, Building Commissioner, of condemnation pro- ceedings, Resolution No. 120-39, served upon Leonard Schuster, owner of Lot 354, Ham's Addition, notifying him that the building located on said Lot 354 of Ham's Addition, has been de- clared a nuisance and is ordered abated and taken down on or before the 15th clay of August, 1939, presented and read. Councilman Clark moved that the re- turn of service be received and filed. Seconded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Council Proceedings for the month of April, 1939, presented for approval. Councilman Van Duelman moved that the Council Proceedings for the month of April, 1939, be approved as printed. Seconded by Councilman Clark. Car- ried by the following vote: Yeas— iVlayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Petition of Mrs. R. A. French, re- questing the rezoning to permit the residence at 275 North Grandview Ave- nue to be converted into a two-family duplex and also for the rezoning of the 1900 block on Delhi Street for to allow for multiple family housing and remod- eling, presented and read. Councilman Thompson moved to refer the petition to the Planning and Zoning Commis- sion for their recommendation and re- port. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton. Nays—None. Supplemental Contract No. 1 be- tween the City of Dubuque and the Iowa State Highway Commission, Ames, Iowa, on Primary Road Exten- sion Maintenance, said contract having been placed on file for public inspec- tion on June 30th, 1939, as follows: Remove brick and raise baw 0 to S" as needed for drainage and relay brick oil approximately 450 square yards of brick paving on Central Avenue be- tween Diamond Street and City Limits, agreed price $1,100.00; Build and main - 1 Session, July 20th, 1939, tain to December 1, 1939, 4 sumps for underground drainage of surface water on 4th Street, east of Bodega Street, at $50.00 each, $200.00; Build catch basin and lay 2toLin. connectft8"st vitri- fied sewer pipe sewer, $120.00; Total amount of con- tract, $1,420.00, presented for approval. Councilman Clark moved that Supple- mentl Contract No. I between of Dubuque and t eIowa the City State Highway Commission, Ames, Iowa, be approved and the Mayor authorized to execute the same on behalf of the City of Dubuque, Iowa. Seconded by Coun- cilman Thompson. Carried by the fol- lowing vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. July 12, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen:— I herewith submit the reports of the City Auditor, City Treasurer, City Health Department, and the City Water Department for the month of June, 1939, also a list of claims and list of payrolls for which warrants were drawn during the month of June, 1939. Respectfully submitted, A. A. RHONIBERG, Citv \Tanager. Councilman Thompson moved that the reports be received and placed on file. Seconded by Councilman Clark. Carried by the folloxving vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, %Vharton. Nays—None. Resolution No. 124-39 Be It Resolved by the City Council of the City of Dubuque that the fol- lowing, having complied %vith the pro- visions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City: Name Address Wm. Van der Meulen, 2327 Central Avenue; Harry N. Gantert, 1301 Rhom- berg Avenue; F. W. Childers, 320: Jackson Street. Be It Further Resolved, That tha bonds filed with the applications be ap proved. Passed, adopted and approved thi 20th day of July, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest. J. J. SHEA, City Clerk. 207 Councilman Clark moved the adop- tion of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. City of Dubuque Resolution No. 125-39 Whereas, A thorough investigation has been made of the hourly wage rates which are being paid in the Cite of Dubuque, Iowa, in Dubuque Coun- tv, which is the locality in which the project is known as Iowa 1684-F, is he- ir; constructed by the City of Du- buque, Iowa, to employ in each trade or occupation engaged in work of a na- ture similar to the work being per- formed in the construction of said Proj- ect and the prevailing hourly wage rates being paid in such locality to such employees for such work have been determined by the City Council through aid of secretary of Trades and Labor Congress, secretaries of Trade Unions and Local Contractors and, Now, Therefore, Be It Resolved by the City Council of the City of Dubuque, Iowa, that the following rates for the respective trades as listed below shall be and are hereh_v fixed as the minimum hourly wage rates and have been determined in accordance with rates prevailing fnr work of a similar nature in the locality in which the project is being construct- ed: Plumber helper, 50c per hour. Brick Laver apprentice, 1st year, ,$.48125 per hour. Brick Laver apprentice, 2nd year, $.6875 per hour. Brick Layer apprentice, 3rd year, 5.9625 per hour. Brick layer apprentice, 401 year, $1.2375 per hour. Be It Further Resolved, That there be transmitted with this resolution the substantiating data upon which the foregoing determination is based. Be It Further Resolved, That this resolution being deemed urgent and of immediate necessity become effective from and after its passage and adoption h_y the City Council. Passed and adopted this 20th day of July, 1939. GEO. R. -.\IURPHY, Mayor. FRANK VAN DUEl,NfAN, ALBERT wHARTON, CARL A. CLARK, F \\. THOMpSON, Councilmen. Attest: J. J. SHEA, City Clerk. 208 Special Session, July 20th, 1939. Councilman Van Duelman moved the adoption of the resolution. Second- ed by Councilman Clark. Carried by the following vote: Yeas—Mayor Mur- phy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. July 14, 1939. Honorable Mayor and City Council, Dubuque, Iowa. Re: Condemnation Proceedings— South One-half Lot 115 and North 32 ft. 10 inches Lot 116, East Du- buque Add., Thos. Farley, et al, owner; Adam Berntgen, Mortgage Holder. Gentlemen At the session of the City Council held July 5, 1939, action upon the con- demnation of buildings upon the above entitled real estate was deferred, and the matter referred to me for opinion as to the legality and serving of con- demnation notice upon Adam Berntgen, whom it appears holds a mortgage se- cured by the above described premises. It is my opinion that notice of the condemnation proceedings in this mat- ter should be served upon the mortgage holder as well as upon the owner of the above described premises for the reason that any demolition of the build- ings upon these premises might lessen the value of the security of the mort- gage in question, and that, therefore, the mortgage holder shoul$ be made a party to any proceedings looking tow- ard the demolition of the buildings upon this property. Yours very truly, AL. J. NELSON, City Solicitor. Councilman Clark moved that the written opinion of City Solicitor Nelson be made a matter of record. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 126-39 Whereas, Adam Berntgen is the own- er of the south one-half of Lot 115 and the north thirty-two feet and ten inches of l,ot 116 of East Dubuque Addition to the City of Dubuque, Iowa, upon which are located and situated build- ings which have been examined by the Board of Health, Building Commission- er, and the Chief of the Fire Depart- ment and found to be dangerous struc- tures and unfit for human habitation and a menace to public safety by reason of want of repair, and defects in drain- age and plumbing; and Whereas, This Council has hereto- fore appointed a Condemnation Com- mittee of three disinterested persons to make a thorough investigation of said buildings and to report their find- ings to the Council, the same to act in conjunction with the Building Commis- sioner; and Whereas, Said committee has filed its report and recommends that said buildings be condemned as a nuisance, said report being attached hereto and made a part hereof. Now, Therefore, Be It Resolved by the City Council of the City of Dubuque, that the Build- ing Commissioner be, and he is hereby directed to cause to be served upon the said Adam Berntgen, owner of the buildings described herein, a written notice commanding him to appear be- fore this Council at a meeting thereof to be held at 7:30 o'clock P. M. on the 7th day of August, 1939, in the Council Chamber in the City Hall, in the City of Dubuque, and to show cause why said buildings should not be declared dangerous structures and a nuisance. Passed, adopted and approved this 20th day of July, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Clark moved the adop- tion of the resolution. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Mur- phy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. July 12, 1939. Honorable Mayor and City Council, Dubuque, Iowa. Re: Abstract of Title, Warranty Deeds and Administrator's Deed, South Middle 32 ft. City Lot 658, City of Dubuque. Gentlemen:— On June 22, 1939, there was referred to me for investigation and report, the abstract of title to the Northerly 32 ft. 7 inches of the Southerly 33 ft. 7 inches of Lot 658 in the City of Dubuque, and certain Warranty Deeds and Adminis- trator's Deed conveying the South Mid- dle 32 feet of Lot 658 in the City of Dubuque. The abstract of title submitted to me consists of entries from the sale by the United States Government to Ezra Davis, September 25, 1840, to the 11th day of December, 1937, the entries therein from the date of the original sale September 25, 1840, to October 31, Special Session, July 20th, 1939. 209 1878, not being certified to by any ab- Warranty Deed filed December 6, 1937, stractor, and the entries from.October to C. D. Lagen, Joseph T. Lager, and 31, 1878, to November 1; 1898, being Louis J. Lagen the same South Middle Nand Ab- 32 feet of Lot 658 lit the City of Du- certified to by W. S. Wrightstractors, and entries from November buque. 1 1898, to July 25, 1900, being certified A plat of Lot 658 as shown at entry to by. Leathers & Tre\vin, Abstractors, No. 42, page 19 of the abstract of title and the entries from July 25, 1900, to shows Lot 658 to be 51 feet 2 inches in April 7, 1931, being certified to by A. width and 85 feet in length and said P. Abeln, Abstractor, and the entries plat does not set out or include any from April 7, 1931, to December 11, such description as the South Middle 1937, being certified to by the Abeln 32 feet of Lot 658. It is the under- Abstract Company. standing of the undersigned that in this I find upon investigation of the ab_ transaction it is the desire to convey to the City of Dubuque for the use of the stract submitted to me that on the last mentioned date December 11, 1937, the Carnegie-Stout Library all of the in- terest of the Lagen heirs in this Lot title in fee simple to the Northerly 32 658. The deeds submitted for examina- ft. 7 inches of the Southerly 33 ft. 7 tion do not convey the entire interest inches of Lot 658 in the City of Du- owned originally by John Lagen and buque was in the following persons: then by the Lagen heirs. The descrip- George B. Lagen, Tacoma, Wash- tion given in the deed submitted as tak- ington. Daniel J. Lager, San Francis- en from the deed from John Lagen to co, California; Mark A. Lagen, Seattle, his wife and later from his wife, then Washington; Cyril D. Lagen, Dubuque, his widow, to C. D. Lagen, Joseph T. Iowa, Joseph T. Lagen, Dubuque, Lagen, and Louis Lagen and described Iowa; Louis J. Lagen, Dubuque, Iowa; as: "The South Middle 32 feet of Lot Daphene Lagen and Alice Lagen, chit- 658" is indefinite and not properly de- dren and heirs at law of John Lagen scriptive of the interest owned origin- and Johanna Lagen, and children of a ally by the said John Lagen and even deceased son, Seattle, Washington; though it would be sufficient to convey subject to the following qualifications, 3_' f(•et of this lot, there would still be objections and encumbrances: left 7 inches of this lot which would be Note: owned by all of the legal heirs of John The abstract of title does not indi- Lagen and Johanna Lagen which has cate whether Daphene Lagen and not been conveyed. Alice Lagen are the children of Mark Lagen of Seattle, Washington, or chil- Encumbrances: Mortgages- dren of another deceased son whose name is not given in the abstract. Entry No. 33, page 16 of the abstract It appears from an examination of shows a mortgage in the sum of $1,700 the abstract of title that this real estate due April 7, 1934, with interest at the first came into the Lagen family on rate of 6%, payable semi-annually, giv- October 31, 1878, by virtue of a War- en by Johanna Lagen to Julia Sullivan ranty Deed filed November 2, 1878, on April 7, 1931, and recorded on the wherein John O'Brien conveyed to same date. This mortgage appears to John Lagen the South 33 feet 8 inches be unsatisfied as on the date of the of Lot 658 in the City of Dubuque. close of the abstract April 1, 1937. However, it appears from the abstract Entry No. 40, page 18 of the abstract of title that the only interest that John shows records of a mortgage in tot he O'Brien ever acquired in this lot was SUM of 5342 with interest at the rate by virtue of a Warranty Deed from 6,r given June 24, 1935, by Joseph• Julia Lewis dated February 18, 187.4, Lagen and Isabelle Lagen, his vvifc, to filed February 17, 1874, wherein she Enuua \i. \ ;ui\\•uikle which also ap- conveyed to the said John O'Brien the pears to be unsatisfied of record as of South 33 feet 7 inches of City Lot 658. the (late of the close of the abstract oil The deed from O'Brien to John Lagen, December 11, 1937. however, attempts to convey the South 33 feet 8 inches instead of 33 feet 7 Judgments- inches as owned by him. hcitry No. 43 to Entry No. 48 inclu- The abstract of title indicates that give ou page 20 of the abstract, contain on December 22, 1913, John Lagen by record of judgment against Cyril Lag- Warranty Deed filed December 30, ell aI follows; 1920, and recorded in Book 87, Tovv'ri 1; ntr W, . -4.;. Dubuque Band Acad- Lot Deed Record, page 546, conveyed eine �'-' S��. c";t; $4.70; to his wife Johanna M. Lagen among ii, 1 w \i,. 44. Renier s, $164.ai, co,t, other real estate the, "South Middle 32 $6 20 Hospital, feet of Lot 658 in the City of Dubuque Entry IA u, 45, Finley according to the recorded plat thereof, ~1709-4, costs?.'S and that on December 11, 1929, the said Enti-v. No• 46. Carrie •\ciders"n, Johanna M. Lagen, then widow of x-17000. costs 57.1x. John Lagen, deceased, conveyed by 03 210 Session, July 20th, 1939. Entry No. 47. John C. Hancock, $663.00, costs $54.54. Entry No. 48, Herbert F. Smith, $32.18, costs $4.70. The abstract of title shows that as of the date of the close of the abstract on December 11, 1937, these judgments had not been paid and were a lien upon the property. Entry No. 49, page 21 of the abstract shows a judgment rendered against Joseph A. Lagen and in favor of Jos- eph J. Sullivan March 4, 1936, in the sum of $99.50 with interest at the rate of 5Mo and costs in the sum of $16.50 which the abstract shows is unsatisfied and also a lien against this property as of the date of the close of the abstract on December 11, 1937. Real Estate: Taxes - Entry No. 37 on page 17 of the ab- stract indicates that the record of taxes for 1928 and 1929 were paid by sale to the City of Dubuque oil December 1, 1930, and that special taxes of three in- stallments of $2.16 each, with interest from \larch were made by sale to the City of Dubuque on the same date, De- cember 1, 1930. Entry No. 50, page 21 of the abstract indicates that this property was sold at Scavenger Sale February 3, 1938, at Dubuque, Iowa, for the taxes for the years 1931, 1932, 1933 and 1934 and that for the special tax improvement for Locust Street the abstract indicates that the amount necessary to redeem this sale as of December, 1937, was the sum of $1,254.62, and that the real es- tate tax for the year 1936, including interest and penalties to the month of December, 1937, was in the stun of $115.62. The abstract of title being brought down only to December 11, 1937, shows nothing with reference as to whether or not the taxes for the years 1937 and 1938 have been paid or whether any of the other items of taxes have been re- deenied or paid. Personal Taxes - The abstract of title at entry No. 50, page 21, shows unpaid personal taxes for the years 1936 and prior years as follows: Joseph T. Lagen ----- ----------$68.60 Joseph T. Lagen (Old Age \sst. taxi------------------------- 6.26 Louis Lagen------------------- 7.85 Cyril Lagen------------------- 65.10 The abstract of title being brought down only to the date of December 11, 1937, does not indicate whether there are unpaid personal taxes assessed against any of the above three named persons for the years 1937 or 1935 which remain unpaid. Recommendation: It is the recommendation of thi< , f- fice that the abstract of title and war- ranty deeds and administrator's deed submitted therewith be returned to the Board of Trustees of the Carnegie - Stout Library with instructions to have the abstract of title brought down to date at the expense of the sellers of this property and resubmitted for examina- tion, and that proper deeds from all of the heirs at law of John Lagen and Johanna M. Lagen be secured, and that if anv of said heirs have since deceased since the date of the death of the said John Lagen and Johanna M. Lagen, that deeds from either the estates of said deceased or deeds from the heirs of said deceased person or persons con- veying to the City of Dubuque for the use of Carnegie -Stout Library of the City of Dubuque, the entire interest owned by the said John Lagen in his lifetime and described as: "The Southerly 33 ft. 7 inches of Lot 658 in the City of Dubuque." I am returning to you herewith the abstract of title and warranty deeds to the City of Dubuque from C. D. Lagen and Eugenie Lagen, his wife, and Louis J. Lagen. an administrator's deed to the City of Dubuque from M. H. Czizek, administrator of the estate of Joseph I'. Lagen, deceased. Respectfully submitted, AL. J. NELSON, City Solicitor. Councilman Clark moved that the recommendation of City Solicitor Nel- son be approved. Seconded by Council- man Thompson. Carried by the fol- lowing vote: Yeas -Mayor Murph}, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays -None. July 12, 1939. Honorable Mayor and City Council, Dubuque, Iowa. Re: Claim of Mildred Eye Gentlemen:- On entlemen:On April 3, 1939, there was referred to me for investigation and report by Your Honorable Body the claim of Miss Mildred Eye filed April 1, 1939, in the sum of $300.00 for injuries alleged to have been sustained by her on the 3rd day of February, 1939, on the Easterly side of Roosevelt Street and near Rhomberg Avenue, and in front of the Giese home, in a fall upon an icy side- walk at the time and place in question. said fall alleged to have been due to the rough, icy condition of the sidewalk and caused by the negligence of the City of Dubuque. I have completed investigation of this claim and find no liability on the part Special Session, July 20th, 1939. 211 of the City and, therefore, recommend that the claim be disallowed. I am returning claim herewith. Respectfully submitted, AL. J. NELSON, City Solicitor. Councilman Van Duelman moved that the recommendation of City So- licitor Nelson be approved and that the claim be disallowed. Seconded by Coun- cilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton. Nays—None. July 7, 1939. Honorable Mayor and City Council, Dubuque, Iowa. Re: Claim of Catherine Roche Gentlemen On May 12th, 1939, there was re- ferred to this office by your Honorable Bodv the claim of Catherine Roche filed April 25, 1939, in the stmt of $300.00 for injuries alleged to have been sustained by her on March 18, 1939, in a fall upon the sidewalk on the north side of West Seventh Street, be- tween Locust and Bluff Streets, and at approximately in front of the Elks Club, which injuries alleged in said claim were caused by the defective con- dition of said sidewalk, and due to the negligence of the City of Dubuque. I beg to advise that I have complet- ed investigation of this claim and made a personal investigation and inspection of the sidewalk at the time and place in question and find no defect in said sidewalk which might be made the sub- ject matter of a suit for injuries against the City. I find no liability on the part of the City, and am, therefore, compelled to recommend that the claim be disallowed. I am returning the claim herewith. Yours very truly, AL. J. NELSON, City Solicitor. alleged to have been sustained by him for injuries to his automobile on April 3, 1939, by running into a hole in the street at or near the intersection of Bryant and Rush Streets. Said claim al- leging said injuries were due to the negligence of the City and to the de- fective condition of said street. I beg to advise that I have completed investigation of this claim and find that at the time and place in question there was a defect in Bryant Street consisting of a fairly large hole which was allowed to remain in the street for a consider- able length of time, and I am advised by certain neighbors living in that vi- cinity. they reported the condition of the street to the proper city authorities before the time of this accident. In view of these facts and under these circumstances it would appear that the City is liable and I would, therefore, recommend that upon the execution of a receipt and release by \Ir. Hazewinkle, that a warrant be drawn payable to H. J. Hazewinkle in the sum of $8.00 in full settlement of said claim. I am returning the claim herewith. Yours very truly, AL. J. NELSON, Citv Solicitor. Councilman Van Duelntan moved that the recommendation of Citv Solici- tor Nelson be approved and that the claim be disallowed. Seconded by Councilman Thompson. Carried by the following vote: Yeas—flavor \lurph`'- Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. July 7, 1939. Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen:— On May 12, 1939, there vas referred to me for investigation and report the claim of H. J. Hazewinkle dated May 1, 1939, in the sum of $8.00 for damage's Wq Councilman Van Duelman moved that the recommendation of City Solici- tor Nelson be approved and that a war- rant in the amount of $8.00 be ordered drawn in favor of H. J. Hazewinkle a� settlement in full of his claim for dam- ages sustained to his automobile caused in striking a hole in the street at or near the intersection of Bryant and Rush Streets and that said warrant be delivered upon the execution of it rr- ceipt and release by the claimant, H. J. Hazewinkle. Seconded by Councilman Clark. Carried by the following vote: yeas—\lavor Morph}, Councilmen Clark, Thompson, \7an Duelman, \Vllarton, Nays—None. Resolution No. 127-39 NYbereas, The City of Dubuque, pur- suant to an advertisement for bid' on the ll furnishing of fire apparatus. did ck the 5th day of Jul)', 1939, at ten o'clock ,\I - at the City Clerk's office in the City Hall, Duhurl1t. Iowa. receive hid, for the furnishing of two triple combi- nation fire engine pumpers, which said the City Co bids were taken under advisement I>y uncil; and �\'hereas, The prnpos,, have been compared and exanuned and this Conn ablvor- e apra poral eterinined the susubm�itted i,c the l) s, I rr Construction Com pany: , w. Therefore, 212 Special Session, July 20th, 1939. Be It Resolved by the City Council of the City of Dubuque, Iowa, that the contract for the furnishing of two 1000 -gallon triple combination fire en- gine pumpers in the amount of $18,900 be awarded to the Waterloo Construc- tion Company, Waterloo, Iowa, and that the contract hereto attached is ap- proved and made a part hereof and the Mayor and Clerk be and they are here- by authorized and directed to execute the same on behalf of the City of Du- buque. Be It Further Resolved that this res- olution being deemed urgent and of im- mediate necessity become effective from and after its final passage and adoption by the City Council. Approved and placed on file for one week on July 20, 1939. Councilman Clark moved that the resolution be approved and that the resolution and contract be ordered placed on file for public inspection for at least one week. Seconded by Coun- cilman Van Duelman. Carried by the fol1mving vote: Yeas—Mayor Murphy, G,nncilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. There being no further business Councilman Van Duelman moved to adjourn. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Council- tnen Clark, Thompson, Van Duelman, Wharton. Nays—None. J. J. SHEA, City Clerk. Approve( ---- -_D_= "1939. Adopted 7Q _ 191939. --- _------- __--_ Cou Attest: City Clerk. s Special Session, July 20tli, 1939. Board of Health (Official) Special Session, July 20th, 1939. Board met at 8:45 P. M. Present—Chairman Geo. R. Murphy, Messrs. Carl A Clark, F. W. Thomp- son, Frank Van Duelman, Albert Wharton. Special Order and Notice From Board of Health To Voelker Realty oo Company, tral Avenue, pPrn730NAl- gona St.) You are herebidly, notified that on the1 20th day of July, 939, the Local Board of Health for the City of Dubuque adopted a resolution ordering you to abandon and remove the outside water closet,, privy or privy vault located upon the premises described therein and to clean the same; also to connect said premises with the sanitary sewer and install sanitary toilet and toilet facilities and connect the same with said sewer, all of which to be done within Thirty (30) days from the date of said resolution, a copy of which is herein set out and is as follows: Resolution No. 128-39 Resolution of the Board of Health 213 or such other action as the Council or Board of Health may determine. Dated this 20th day of July, 1939. GEO. R. MURPHY, Attest: J. J. SHEA, Clerk. Mayor. You are further notified that prosecu- tion will follow a failure to comply with this order and notice, or such further action will be taken as to the Council or Board of Health may seem proper. Signed ALBERT J. ENTRINGER, Health Officer. Be It Resolved by the Board of Health of the City of Dubuque, Iowa, that it is deemed necessary that I,ot No. 221, Woodlawn Park Add., 1730 N. Algona Street, owned by Voelker Realty Co., be connected with sanitary sewer; that the outside water closet, privy or privy vault upon said premises be abandoned and removed and said vault cleaned and that a sanitary toilet and toilet facilities be installed and con- nections made with the sanitary sewer. Be It Further Resolved, That said Voelker Realty Company be notified to remove and abandon the outside water closet, privy or privy vault located upon the premises above described and to clean said vault; that said property be connected with the sanitary sewer and that sanitary toilet and toilet facilities be installed and connections made with said sewer, all of which to be done within Thirty (30) days from the date hereof. Be It Further Resolved, That said Voelker Realty Co. be notified of the action of this Board by the service of a written notice together with a copy of this resolution. Failure to comply with the terms hereof within the time stated shall be followed by prosecution .L Mr. Frank Van Duelman moved the adoption of the resolution. Seconded by Mr. Carl A. Clark. Carried by the following vote: Yeas—Chairman Geo. R. Murphy, Messrs. Carl A. Clark, F. Wi Thompson, Frank Van Duelman, Albert Wharton Nays—None. Special Order and Notice From Board of Health To John Schaul, 1807 Prescott Street. You are hereby notified that on the 20th day of July, 1939, the Local Board of Health for the City of Dubuque adopted a resolution ordering you to abandon and remove the outside water closet, privy or privy vault located upon the premises described therein and to clean the same; also to connect said premises with the sanitary sewer and install sanitary toilet and toilet facilities and connect the same with said sewer, all of which to be clone within Thirtv (30) days from the date of said resolution, a copy of which is herein set out and is as follows: Resolution No. 129-39 Resolution of the Board of Health Be It Resolved by the Board of Health of the City of Dubuque, Iowa, that it is deemed necessary that N. l.• ,w of S. E. 150,' of Lot 595, Hann', Add, owned by John Schaul, 1807 Pre,- cott Street, be connected with sanitary sewer; that the outside water cl()�et. privy or privy vault upon said premise, be abandoned and removed and said vault cleaned and that a sanitary toilet aitd toilet facilities be installed and con- nections made with the sanitary sewer. Be It Further Resolved, That said John abandonhthe outsideaul be notified ard atery clos' t,remove or privy vault located upon the prenn- ises above described ertd be connected vault: that said prop 1' with the sanitary sewer and that sani- tary toilet and toilet facilities be in- stalled and connections made with said :ewer, all ot days ftrom the dbe ate hereone f• Thirty (30) That said Be It Further Resolved: John Schaul, be notified of the action 214 Special Session, July 20th, 1939. of this Board by the service of a writ- ten notice together with a copy of this resolution. Failure to comply with the terms hereof within the time stated shall be followed by prosecution or such other action as the Council or Board of Health may determine. Dated this 20th day of July, 1939. GEO. R. MURPHY, Mayor. Attest: J. J. SHEA, Clerk. You are further notified that prosecu- tion will follow a failure to comply with this order and notice, or such further action will be taken as to the Council or Board of Health may seem proper. Signed ALBERT J. ENTRINGER, Health Officer. Mr. Frank Van Duelman moved the adoption of the resolution. Seconded by Mr. Carl A. Clark. Carried by the following vote: Yeas—Chairman Geo. R. Murphy, Messrs. Carl A. Clark, F. W. Thompson, Frank Van Duelman, Albert Wharton. Nays—None. Special Order and Notice From Board of Health To Seippel Lumber Company, 5 S. Lo- cust Street, (property 2510 Roosevelt St.) You are hereby notified that on the 20th day of July, 1939, the Local Board of Health for the City of Dubuque adopted a resolution ordering you to abandon and remove the outside water closet, privy or privy vault located upon the premises described therein and to clean the same; also to connect said premises with the sanitary sewer and install sanitary toilet and toilet facilities and connect the same with said sewer, all of which to be done within Thirty (30) days from the date of said resolution, a copy of which is herein set out and is as follows: Resolution No. 130-39 Resolution of the Board of Health Be It Resolved by the Board of Health of the City of Dubuque, Iowa, that it is deemed necessary that Lot 2 of 7 of Peil's Sub., 2510 Roosevelt Street, owned by Seippel Lumber Com- pany (2510 Roosevelt Street) be con- nected with sanitary sewer; that the outside water closet, privy or privy vault upon said premises be abandoned and removed and said vault cleaned and that a sanitay toilet and toilet facilities be installed and connections made with the sanitary sewer. Be It Further Resolved, That said Seippel Lumber Company be notified to remove and abandon the outside water Closet, privy or privy vault located upon the premises above described and to clean said vault; that said property be connected with the sanitary sewer and that sanitary toilet and toilet facili- ties be installed and connections made with said sewer, all of which to be done within Thirty (30) days from the date hereof. Be It Further Resolved, That said Seippel Lumber Company be notified of the action of this Board by the service of a written notice together with a copy of this resolution. Failure to comply with the terms hereof within the time stated shall be followed by prosecution or such other action as the Council or Board of Health may determine. Dated this 20th day of July, 1939. GEO. R. MURPHY, Mayor. Attest: J. J. SHEA, Clerk. You are further notified that prosecu- tion will follow a failure to comply with this order and notice, or such further action will be taken as to the Council or Board of Health may seem proper. Signed ALBERT J. ENTRINGER, Health Officer. Mr. Frank Van Duelman moved the adoption of the resolution. Seconded by Mr. F. W. Thompson. Carried by the following vote: Yeas—Chairman Geo. R. Murphy, Messrs. Carl A. Clark, F. W. Thompson, Frank Van Duelman, Albert Wharton. Nays—None. There being no further business Mr. Frank Van Duelman moved to adjourn. Seconded by Mr. Albert Wharton. Car- ried by the following vote: Yeas— Chairman Geo. R. Murphy, Messrs. Carl A. Clark, F. W. Thompson, Frank Van Duelman, Albert Wharton. Nays —None. J. J. SHEA, Clerk, Board of Health. Approved ; -1 V Adopted % 1939. Me Attest: Cl and of Health. Regular Session, August 7th, 1939. 215 City Council (Official.) Regular Session, August 7, 1939. Council met at 8:30 P. M. Present—Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton, City Manager Rhomberg. Mayor Murphy 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. Proof of publication, certified to by the publishers, of the notice of a public hearing upon the Budget Estimate of Expenditures for the fiscal year begin- ning April 1st, 1940, and ending March 31st, 1941, as a basis for the tax levy for the year 1939, the same to be col- lected in the year 1940, presented and read. Councilman Clark moved that the proof of publication be received and filed. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton. Nays—None. No written objections were filed, and no objectors were present in the Coun- cil Chamber, to the Budget Estimate of Expenditures for the fiscal year begin- ning April 1st, 1940, and ending March 31st, 1941. icv)'� ;"• V-1 216 Reau(ar Session, August 7th, 1939. BUDGET ESTIMATE AND RECORD OF FILING CITY ESTIMATE NOTICE -The City Council of City of Dubuque of Dubuque County, Iowa, will meet August 7th, 1939, at 7:30 P. M., at the Council Chamber in the City Hall. Taxpayers will be heard for or against the following estimate of expenditures at that time. J. J. SHEA, 7-11-1t City Clerk. General 1 2 3 4 5 6 -7_- _______) ______ 5,584 3,840 Grading ----- 10,000 773 _____ _______) 234,375 4,676 N o Sewer _______ 2,000 1,025 _____ _______) ______ 846 u c 0i'.c -------) ------ ------ Light ------- Cd 5,420 _____ Cd z 't M wv Ymcd om �v GK p,°gwLk MOd C, M� w G O vw40aNz U 0 � �•-' 17,663 �� wc xcd Ftd; wy� oo w General _____$216,003 $ 4,448 $ _____ $ 47,000) $ _____ $238,341 $ 261,306 Improvement 14,000 1,102 _____ _______) ______ 5,584 3,840 Grading ----- 10,000 773 _____ _______) 234,375 4,676 7,845 Sewer _______ 2,000 1,025 _____ _______) ______ 846 1,830 Water------- ------ ------ ----- -------) ------ ------ Light ------- 39,372 5,420 _____ ------- ______ 45,510 49,761 Consolidated Tax ------- 281,375 47,000 234,375 294,957 324,582 Fire Equipment 12,550 9,748 _____ ------- 12,550 1,595 10,406 Fire Main- tenance ___ 116,600 5,781 _____ _______ 116,600 103,919 107,656 Firemen's Pension ___ 26,763 12,051 4,011 1,300 21,425 17,663 16,836 Street Cleaning & Garbage Disposal __ 34,734 249 _____ 18,000 16,734 35,855 36.944 Library _____ 28,407 453 _____ 1,500 26,907 28,805 27.119 Waterworks__ 160,450 92,038 10,000 150,450 ______ 143,547 181,264 Park ________ 23,000 536 1,434 650 20,916 22,930 22,702 Policemen's Pension ___ 14,735 8,647 214 •1,000 13,521 11,128 11,309 Bond -------- 61,245) 19,472 _____ ------- 61,245 95,000 93,000 Bond Interest 24,096) ------- 24,096 47,512 47,414 Emergency __ 33,467 1,248 _____ _______ 33,467 13,625 31,524 Dock Bond & Interest -__ 35,810 10,069 _____ ------- 35,810 27,425 31,104 Main Sewer _ 16,734 740 ....... 16,734 13,239 13,396 Dock Operating 18,960 3,490 ----- 2,260 169700 15,283 38,140 Playground & Swim Pool_ 15,259 1,986 _____ 2,575 12,684 12,923 12,980 Snow Removal_ 5,656 323 _____ ------- 5,656 _____ -------- Totals _____$909,841 $179,599 $15,659 $224,735 $669,447 $885,406 $1,006,376 Estimated Taxes per $1,000.00 of assessed value, $19.998. Adjusted Taxable Valuation (1938)______________________________$ 33,362.735 Moneys and Credits (1938) at 6 mills ---------------------------- 7,647,739 Moneys and Credits (1938) at 2 mills____________________ ________ 155,286 Regular Session, August 7th, 1939. 217 Resolution No. 131-39 "'Ills oil the dollar of all taxable prop- . Whereas, The Councilo{ the City of erty within the corporate limits of said Cit y: Dubuque caused to be prepared and as provided by law, the 7.000 mills for Consolidated Tax as published, Budget Estimate of Expenditures for provided for by Section 6217 of the Code Iowa, the fiscal year 1940, and the hearing Budget Estimate was fixed of 1935. 0.720 mills for Bond Interest Fund. upon said for the 7th day of August, 1939, at 1.830 mills for Bond Retirement Fund. 7:30 P. M., at the Council Chamber in the City Hall; and 3.484 mills for Fire Maintenance Fund. Whereas, This being the time and 0.375 mills for Fire Equipment Fund. place set for said hearing, said Budget 0.500 mills for Garbage and Street Estimate was taken up for final consid- Cleaning Fund. eration by the Council and all taxpay- 0.625 mills for Park Fund. ers have been given an opportunity to 0.404 mills for Police Pension Fund. be heard for or against said Budget Es- 0.641 mills for Fire Pension Fund. timate. 0.802 mills for Library Fund. 0.500 mills for Main Sewer Fund. It Is Therefore Resolved by the City 0.379 mills for Playground and Council of the City of Dubuque, Iowa: Swimming Pool Fund. 0.499 mills for Dock Fund. Budget Estimate of Ex en- That the Bud g P 1.070 mills for Dock Bond and In- ditures for 1940 heretofore prepared terest Fund. and published be and the same is here- 0.169 mills for Snow Removal Fund. by finally approved and adopted and 1.000 mills for Emergency Fund. the Mayor and Clerk are directed to certify the same to the County Auditor Be It Further Resolved, That 2.052 of Dubuque County, Iowa, together mills o" the dollar is herebv levied with the verified proof of publication upon all lots or parcels of land contain- and the notice of hearing upon said ing ten acres or more which are occu- Budget Estimate. Pied in good faith and used for agri- cultural or horticultural purposes. Be It Further Resolved that the taxes required to be collected in the Be It Further Resolved, That all year 1940 be and the same are hereby Property within the corporate limits of levied in the various funds in the said City is hereby determined to re- amounts shown in said Budget Esti- ceive benefits from each of the said mate, tax levies. Passed, adopted and approved this Be It Further Resolved, That the Mayor and Clerk be and they are here- 7th day of August, 1939. by directed to certify the sums of GEO. R. MURPHY, Mayor. money that the said tax levies will pro- Esti- FRANK VAN DUELMAN, duce, as shown by the Budget mate of Expenditures adopted by this ALBERT WHARTON, Council on the 7th day of August, CARL A. CLARK, 1939, to the Auditor of Dubuque Coun- F. W. THOMPSON, ty on or before August 15th, 1939. Councilmen. Passed, adopted and approved this Attest: J. J. SHEA, City Clerk. 7th day of August, 1939. Councilman Van Duelman moved GEO. R. MURPHY, Mayor. FRANK VAN DUEL\IAN, the adoptoin of the resolution. Second- ed by Councilman Wharton. Carried ALBERT WHARTON, by the following vote: Yeas—:Mayor CARL A. CLARK, Murphy, Councilmen Clark, Thomp- F W, THOMPSON, son, Van Duelman, Wharton. Nays— Councilmen. None. Attest: J. J. SHEA, City Clerk. Resolution No. 132-39 Councilman Van Duelman moved A resolution establishing the tax lev- adoption of the resolutiuu. Second- ies for the year 1939,, the taxes to 1>c the by Colnlcilman 'Thompson. Carried collected in the year 1940 and used for ed by the follolunci vote: areas—Mayor Municipal purposes of the Cit of Du- p p P y Murphy Councilmen Clark, Thomp- buque. Van Duelman, a4`ha rton. Nays— son, Be It Resolved by the City Council None. of the City of Dubuque that there be olincilman Clark moved that the of and there is hereby levied the taxes for Municipal purposes for the ensuing rules be suspended for the purpose anv one present Ill the Coun- year 1940 of the following number of 218 Regular Session, August 7th, 1939. cil Chamber, who wishes to do so, to address the Council. Seconded by Councilman Thompson. Carried by the follo%ving vote: Yeas—Mayor Mur- phy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Petition of Western Grocery Com- pany et al, requesting that the proper authority be instructed to enforce all City ordinances with respect to ped- dling, presented and read. Messrs. Leo Addabbo and Morris Farber ad- dressed the Council requesting that the ordinance relative to peddling be en- forced as the allowing of truck loads of fruit and vegetables to be peddled direct to the stores creates unfair com- petition with the local established fruit merchants. Councilman Thompson moved that the petition be referred to the City Council and City Solicitor for further consideration. Seconded by Councilman Clark. Carried by the fol- lowing vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Petition of Edward Frudden et al, residents of Dodge Street, requesting and petitioning, in connection with the relocation of Highway 20, that the parkway and boulevard lights be re- tained on Dodge Street, presented and read. Mr. Walter Daykin addressed the Council requesting -that the parkway and boulevard lights which have been as- sessed and paid for by the property owners on Dodge Street be allowed to reemain when said street is made a highway. Councilman Wharton moved that the petition be referred to the City Council. Seconded by Council- man Van Duelman. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Communication of League of Iowa Municipalities urging the City of Du- buque to send delegates to the annual convention of the League to be held at Cedar Rapids on August 15, 16 and 17, presented and read. Councilman Thompson moved that the communica- tion be received and filed. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Mur- phy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Communication of Iowa Children's Home Society, Des Moines, Iowa, ex- pressing their appreciation for permis- sion given for the holding of a tag day on July 29, presented and read. Coun- cilman Van Duelman moved that the communication be received and filed. Seconded by Councilman Clark. Car- ried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Communication of J. E. Kemler, call- ing the attention of the City Council to the condition of West Third Street near College Street stating that the overflow from the City Water Tank on West Third Street has shot across and undermined and destroyed the gutter on the south side of the street and also calling the attention of the City Coun- cil to the cracks in the street where water may get in and damage the street, presented and read. Councilman Wharton moved that the communica- tion be referred to the City Manager for investigation and report. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thomp- son, Van Duelman, Wharton. Nays— None. Communication of Mrs. George Kan- avas, advising Council that some time ago that a claim was filed with the City for her by a young Mr. Czizek, an Attorney, in the amount of $5,000.00 for injuries received by her on falling upon the sidewalk on East 17th Street on December 12, 1938, and stating that she did not consent or authorize the filing of this claim in this amount and really did not want to have an Attor- ney represent her and further stating that Mr. Czizek no longer represents her and now asking that she be allowed the amount of $442.80 to cover ex- penses for the injuries received by her in falling on said sidewalk on East 17th Street, presented and read. Council- man Clark moved to refer the com- munication to the City Solicitor for investigation and report. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Mur- phy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Petition of Barney Ludescher, re- questing that the Alley in the rear of his property known as Lot 89 of Bel- mont Addition be placed in a all year around passable condition, presented and read. Councilman Clark moved that the petition be referred to the City Council to view the grounds. Second- ed by Councilman Van Duelman. Car- ried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Petition of Andrew Angelos, re- questing a free permit to sell pop -corn from a wagon, as he is unable to pay for said permit due to the loss of his house, the serious illness of his wife, and the care of six small children, pre- sented and read. Councilman Van Duelman moved that the request be granted and the City Manager in- structed to issue said free permit. Sec- onded by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. 0 Regular Session, August 7th, 1939. 219 petition of Mrs. Catherine Weber, Return of service, subscribed and requesting that the penalties in the sworn to by H. H. Howie, Building amount of $41.89 due on the special Commissioner, of notice of condemna- assessments levied against Lot 1 of tion proceedings on Adam Berntgen Quigley's Sub. of Out Lot 711 for the notifying him to appear before the City pavof Pierce Street be waived as Council and show cause why the build - she is desirous of paying the delinquent ings located on the south one-half of build - she special assessments, presented and Lot 115 and the north thirty-two feet read. City Manager Rhomberg rec- and ten inches of Lot 116 of East Du- ommending that the request be grant- buque Addition should not be declared ed. Councilman Wharton moved that a nuisance and abated, presented and the recommendation of City Manager read. Councilman Clark moved that Rhomberg be approved and that the the return of service be received and County Treasurer be instructed to ac- filed. Seconded by Councilman Thomp- cept the amount of $134.72 as payment son. Carried by the following vote: of the delinquent special assessments Peas—Mayor Murphy, Councilmen levied against Lot 1 of Quigley's Sub. Clark, Thompson, Van Duelman, of Out Lot 711 for the paving of Pierce Wharton. Nays—None. Street, Mrs. Catherine Weber, owner, and that the penalties in the amount Condemnation Resolution No. 133-39 of $41.89 be waived. Seconded by Whereas, Under appropriate roceed- Councilman Clark. Carried by the in s heretofore takbthis Council, following vote: Yeas—Mayor Murphy, certain buildings located upon the south Councilmen Clark, Thompson, Van one-half it Lot 10 and the north ouch Duelman, Wharton. Nays—None. thir- tv-t\vo feet and ten inches of Lot 116, Petition of Margaret Nagle, Execu- Gast Dubuque Addition, in the City of trix of the Estate of J. J. Nagle, re- Dubuque and owned by Adam Bernt- questing that the City Treasurer be lien were declared to be dangerous, authorized to make refunds of penalties due to dilapidation, lack of repair and and interest on special assessments as other causes, and the owners thereof set out on the attached list, presented were given an opportunity to be heard and read. Councilman Clark moved to and show cause why such buildings refer the petition to the City DIanager should not be declared a nuisance and and City Treasurer for investigation ordered abated; Now, Therefore, and report. Seconded by Councilman Be It Resolved by the Council of the Thompson. Carried by the following City, of Dubuque, after full and fair vote: Yeas—Mayor Murphy, Council- consideration, that the buildings above men Clark, Thompson, Van Duelman. described be and the same are hereby Wharton. Nays—None. declared to be a nuisance and are or- dered abated and taken down on or be - Petition of Margaret Nagle, Execu- fore the lst day of October, 1939. trix, requesting the cancellation of the Be It Further Resolved, That the special assessment, or at least a com- Iuilding Commissioner be and he is promise of the special assessment, le v- hereby directed to serve upon said ied against the Westerly 116 feet of Lot Adam Berntgen a written notice re- t of Lot 703 for the construction of a quiring him to abate said nuisance and sewer in Wilbur Street, presented and take the same down on or before the read. Councilman Clark moved to re- 1st day of October, 1939. fer the peetition to the City Manager Be It Further Resolved, That should and City Treasurer for investigation said ON, fail to demolish or abate and report. Seconded by Councilman said nuisance within the time herein Thompson. Carried by the following provided for, or in case of dispute aris- vote: Yeas—Mayor Murphy, Council- In , On account of said notice and order, men Clark, Thompson, Van Duelman. this Council should confirm this order, Wharton. Nays—None. then and in such event, said buildin^ Petition of Dubuque Musicians' Pro- shall be demolished and taken clown tective Association, requesting periis- and the nuisance caused thereby shall sion to stretch a banner across Main he abated by and wider the directions Street between 6th and 7th Streets for of the Chief of the Fire Department the purpose of advertising their annual and all costs thereof shall e assessed ball and also requesting permission to agafust the real estate above described. Passed, adopted and approved this appear on the various street corners in the business district on Saturday night, 7th day of August, 1939. . August 19, for the purpose of advertis- CLO. R. niURPHY, mg said ball, presented and read. Court- FRANK VAN DUELbIAA. cilman Van Duelman moved that the ALBERT WH.ARTON. requests be granted. Seconded by Court- CARL A. CLARK, _ cilman Thompson. Carried by the fol- F. \V. THOMPSON, P Councdmecc• lowing vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Attest: J. J• SHEA, City Clerk. Duelman, Wharton. Nays—None. i 220 Regular Session, August 7th, 1939. Councilman Van Duelman moved the adoption of the resolution. Seconded by follow Councilman ote:ClYeasCMayorarried bMur- phy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Returns of service, subscribed and sworn to by H. H. Howie, Building Commissioner, of notices of condemna- tion proceedings on Wilbert Farley, Lillian Ternes, Rose McLaughlin, Ethel Ferring, Elrene Meng, Thomas Farley, John Farley, Mary Howard notifying them to appear before the City Council at a meeting to be held July 5, 1939, and show cause why the buildings located on the south one-half of Lot 115 and the north thirty-two feet ten inches of Lot 116 of East Du- buque Addition should not be declared a nuisance and abated, action having been deferred at the meeting of July 5, 1939, on the above mentioned returns of service until an opinion could be se- cured from City Solicitor Nelson as to whether the mortgage holder on the above described property should be notified of the pending condemnation proceedings, presented and read. Coun- cilman Clark moved that the returns of service be received and filed. Sec- onded by Councilman Van Duelman. Carried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 134-39 Whereas, Under appropriate proceed- ings heretofore taken by this Council, a certain structure located upon Lots 115 and 116 of East Dubuque Addition to the City of Dubuque, Iowa, owned by Thomas Farley, Wilbert Farley, Lil- lian Ternes, John Farley, Mary How- ard, Ethel Ferring, Rose McLaughlin and Elrene Meng, has been declared to be dangerous, due to dilapidation, lack of repair, and other causes, and the owner thereof was given an opportuni- ty to be heard and to show cause why said building should not be declared to be a nuisance and ordered abated; Now, Therefore, Be It Resolved by the City Council of the City of Dubuque, After full and fair consideration, that the building above described be, and the same is hereby declared to be a nuisance and it is ordered abated and taken down on or before the 1st day of October, 1939, Be It Further Resolved, That the Building Commissioner be, and he is hereby directed to serve upon the said Thomas Farley, Wilbert Farley, Lillian Ternes, John Farley, Mary Howard, Ethel Ferring, Rose McLaughlin and Elrene Meng a written notice requir- ing them to abate said nuisance and to take down and demolish said building on or before the 1st day of October, 1939, attaching to said notice copy of this resolution. Be It Further Resolved, That should said owner fail to demolish or abate said nuisance within the time herein provided, then and in that event said building shall be demolished and tak- en down and the nuisance caused thereby shall be abated by and under the directions of the Chief of the Fire Department of the City of Dubuque, and all costs thereof and expenses in- cident thereto shall be assessed against the above described real estate. Passed, adopted and approved this 7th day of August, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Council Proceedings for the month of May, 1939, presented for approval. Councilman Clark moved that the Council Proceedings for the month of May, 1939, be approved as printed. Seconded by Councilman Thompson. Carried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Proof of publication, certified to by the publishers, of a statement of re- ceipts and also a list of claims for which warrants were drawn during the month of June, 1939, presented and read. Councilman Clark moved that the proof of publication be received and filed. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Council- men Clark, Thompson, Van Duelman NVharton. Nays—None. July 28, 1939. Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen:— On July 20, 1939, there was referred to me by the City Council a communi- cation of Seubert and Fessler Plumbing and Heating Contractors, enclosing statement of the International Harvest- er Company to one A. J. Huss, cover- Regular Session, August 7th, 1939. 221 ing repair to the front axle and spring of the truck of Mr. Huss, alleged to of the condition of this excavated ditch, and it is recommended that the have been damaged on July 7, 1939, in state - meat be returned to the firm of Seu- crossing an excavated ditch in front of Bert and Fessler with suggestion that 645 Kane Street, in the City of Du- the matter be referred directly to the buque, which excavation was made by bonding company and appropriate ac - the firm of Seubert and Fessler in mak- tion be taken by that company ing plumbing connections to the ad- prior to the filing of a claim or institution of joining property, and which ditch was a suit by Mr. Huss. filled in on July 6th, and probably part- Respectfully submitted, ly washed out in a storm in the early morning of July 7th at or about the AL. J. NELSON, time Mr. Huss drove across this Glitch. per E. Burdt. The communication asked that the mat- Citv Solicitor. ter be taken up with the bonding com- pany for payment of the claim. Councilman Clark moved that the I find upon investigation that Ordi- recommendation of City Solicitor Nel- nance No. 171 adopted February 1, son be approved. Seconded he Colin - 1926, and particularly Section 3 of said Gilman Thompson. Carried be the iol- Ordinance, provides that as a condi- lowing vote: Yeas—Mavor \lurphv, tion precedent to the granting of any Councilmen Clark, Thompson, Van permits for excavations in streets, or Duelman, Wharton. Nays—None. other public places by any person, firm or corporation, there shall first be filed July 28, 1939. with the City Clerk and approved by Honorable Mayor and City Council, the City Council bond executed by a Dubuque, Iowa. surety company in the sum of $5,000, Centlemen:— "the condition of which shall be to hold t n July* 22 there was referred to this Oil the City harmless from any and all office for attention the claim of J. damages to persons or property that may occur by reason of any negligence Huss, in which he alleges damages to his car in the sum of $8.94, said claim ni the manner of making such excava- being filed on July 13, which damages tion or maintaining the same,' . • • • occurred on July 7. I further find that there is on file with the City of Dubuque the bond of I have made investigation of this claim and find there is no liability on Seubert and Fessler as principals, and the part of the City, of Dubuque, which the Commercial Casualty Insurance information is fully detailed in an ac - Company of Newark, New Jersey, as in the sum of $5,000, which said companving letter to the City Council. invoice for surety, bond is filed in accordance with the Iain returning claim and repairs in the sum of $8.94. provisions of Ordinance No. 171 above quoted, which said bond provides that Yours very truly, the principals, "Seubert and Fessler" AL. J. NELSON, shall protect any excavation, "so as to per, E. Burdt. assure and protect life, limb, and prof- City Solicitor. erty, and shall indemnify and save harmless the City of Dubuque, Iowa, Councilman Wharton moved that the from all accidents and damages couse--eport of City Solicitor Nelson he re- record. quent thereupon for or by reason of -seconded ceived and made a matter of Councilman Clark. Car- any opening in any streets, lanes, ave nues, or other grounds, or pri- by rico he the following vote: Yeas— public vate property, made by them or those that he flavor Murphy, Councilmen Clark, '1,1,0,1soii, Van Duehnari, Wharton. in their employment,,, ... and will also place or restore the street planking or or the roadway, Nay None' .\ugust 7, 19311. pavement, in whatever manner constructed, over ro the honorable %layer and City such opening, to as good a state and Council, Dubuque, Iowa. condition as he found it, and keep and (,,entleinen:— maintain the same in good order, to the satisfaction of the City of Dubuc ue. is - The Planning and Zoning Co cable . coil, Ille"d5 tof i Iowa, for the period of one month next Sion rers. Rose Nor- Body that f �claasi- thereafter." Under the provisions of this bond of ris re 11les �'et to�loctld'busine>s there is a duty on the part of the Dodge be denied. Plumbing contractor to put the street back in the same condition as it w:is ticThis This case i.,g o di the infraction e- ordinances, and a do prior to the time of the plumbing work, present building to of the pthro and to protect any excavation for a Sue on tthe part rough make illegal acs legal through a In addition period of one month. The City is fully protected under change in the ordinance, tile hno .disug41 ,tioii to re this bond for any liability on account (7011W,tin .4� 222 Regular Session, August 7th, 1939. zone a single piece of property which is contrary to zoning principles and opposed by the Planning and Zoning Commission as a matter of policy. Here again, the interests of other prop- erty owners, as well as the future de- velopment of the Master Plan are ig- nored. Respectfully submitted, R. V. McKay, Secretary. (H. H. H.) Dubuque Planning and Zoning Commission. Councilman Van Duelman moved that the recommendation of the Plan- ning and Zoning Commission be ap- proved. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton. Nays—None. August 7, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen:— With entlemen:With reference to attached petition of W. M. Kretschmer requesting re- zoning of Lot known as No. 1203 Rhomberg Avenue the Planning and Zoning Commission respectfully rec- ommends that the petition be denied. This case involves the rezoning of a single piece of property which is con- trary to all rales of zoning and de- clared illegal by Supreme Court of Pennsylvania. If a more general de- mand existed for change of classifica- tion in this area, the Commission might be sympathetic. However, the adjoining properties are chiefly residen- tial and unless the signatures of a ma- jority of property owners in the affect- ed area are attached to petition the Commission feels that no change should be made. Respectfully submitted, R. V. McKay, Secretary. (H. H. H.) Dubuque Planning and Znnincr Commission. Councilman Van Duelman moved that the recommendation of the Plan- ning and Zoning Commission be ap- proved. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Council- men Clark, Thompson, Van Duelman. Nays—Councilman Wharton, August 7, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen:— The attached letter of Mrs. R. A. French requesting rezoning of property located at 275 North Grandview was considered by the Planning and Zon- ing Commission on August 5, 1939, and since the rezoning of any single piece of property is contrary to all the rules of zoning, the Planning and Zoning Commission recommends to your Hon- orable Body that the petition be denied. If there is a general demand for re- zoning property in this section, then a petition from the majority of interested property owners in the affected area should start any such movement. Respectfully submitted, R. V. McKay, Secretary. (H. H. H.) Dubuque Planning and Zoning Commission. Councilman Clark moved that the recommendation of the Planning and Zoning Commission be approved. Sec- onded by Councilman Wharton. Car- ried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. August 7, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen:— Regarding the second petition of Mrs. R A. French requesting rezoning of the 1900 block on Delhi Street to Multiple Dwelling classification the Planning and Zoning Commission rec- ommerds that the petition be denied. Here again the Planning and Zoning Commission feels that a demand for such an extensive change should come from a majority of the property own- ers whose interests are involved. The Commission can see the possible future need for extension of the Al ul- tiple Residence area in the vicinity of the University of Dubuque, but as stat- ed feels that a more general intern: -t should assert itself before the Citv is called upon to alter existing laws. Respectfully submitted, R. V. McKay, Secretary. (H. H. H.) Dubuque Planning and Zoning Commission. Councilman Clark moved that the recommendation of the Planning and Zoning Commission be approved. Sec- onded by Councilman Wharton. Car- ried by the following vote: Yeas— Mayor Murphy, Councilmen Clark. Thompson, Van Duelman, Wharton. Nays—None. August 7, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen:— At the session of the City Council held July 5, 1939, the petition of Mrs. Louis Welter et al requesting that the smoke nuisance and the noise of blow- Regular Session, August 7th, 1939. 223 I ing flues caused by the Iowa Dairy be abated was referred to the City Man- ager and Chief of Police for investiga- tion and report. We have investigated the case and conferred with the officials of the Iowa Dairy. They have cooperated and have taken steps to eliminate the trou- ble. Respectfully submitted, A. A. RHOMBERG, City Manager. JOS. H. STRUB, Chief of Police. Councilman Van Duelman moved that the report of City Manager Rhom- berg and Chief of Police Strub be re- ceived and made a matter of record. Seconded by Councilman Wharton. Carried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. August 4, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen:— This is to advise that I have ap- proved the following bonds and desire to have your approval on same for fil- ing: Personal Louis F. Fautsch, Police Judge. Esther E. Fritschel, Stenographer, Water Works. George Bennett, City Assessor. and that an ordinance be prepared granting the right to erect the truss, making the maintenance of the truss and all wall fastenings the obligation of the petitioner, the J. F. Stampfer Co. to pay the publication costs. Respectfully submitted, A. A. RHOMBERG, City Manager. H. H. HOWIE, Building Commissioner. Excavation Philip Breithaupt, 2120 Washington Street. Respectfully submitted, A. A. RHOMBERG, City Ttanager. Councilman Clark moved that the bonds be approved and placed on file. Seconded by Councilman Thompson. Carried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. August 7, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen:— At the session of the City Council held July 20, 1939, the petition of J. F• Stampfer Co. requesting pernu"'o'1 to erect a 30 -foot truss, extending across the alley from the petitioners building to the Grand Opera Theatre was re- ferred to the City Manager and Build- ing Commissioner for a report. We have examined the situation to- gether with the proposed plan and rec- ommend that the petition be granted Councilman Clark moved that the recommendation of City Manager Rhomberg and Building Commissioner Howie be approved and that the .City Solicitor be instructed to prepare a proper ordinance. Seconded by Coun- cilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. August 7, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen:— At the session of the City Council held July 5, 1939, the petition of Edwin C. Kuehnle requesting a refund of the interest and penalties due of sewer assessments for Lot 25 of Sisters' Ad- dition was referred to me for investi- gation and report. I have examined the records and find the sewer assessment record on Lot 25 of Sisters' Addition as follows: Principal ---------------$217.20 Interest ---------------- 32.55 Penalties to 8/31/39------ 39.96 Advertising Costs ------- $290.61 I recommend that a «arrant in the amount of the penaltic: or $39.96 be ordered drawn on the Special Bonded Fund and made payable to the County Treasurer, providing Mr. Kuehnle pays the balance due on or before August 31, 1939. Respectfully submitted, A. A. RHOMBERG,tacr. Councilman Van Duelman moved that tilt, recommendat approved Cit , Man- ager Rhnmherg be all hat a warrant in the amount of the penal ties or $39.96 he ordered drawn on the ,,pecial BonTrea Treasurer, aced Fund lde recornmendtd the County "I r. KlCety hnlcl pay e the iI alanceproviding Nit on or before August 31, 19, and tilt, City \editor to he instructed accordingly. Seconded by Councilman Wharton. he follo"'illg Vote: Yea, Carried by tolincil _Mayor Mivi`n� DCclman.n\\ party . Thomi Nays—None. 224 Session, August 7th, 1939. August 7, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen:— At the session of the Council of Julv 20, 1939, the petition of Charles Gau re- questing relief on the special asseess- ments levied against Lot 1 of 2 of 1 of 7 of Peil's Sub. and against Lot 1 of 1 of 7 of Peil's Sub. was referred to me for investigation and report. I find that Lot 1 of 2 of 1 of 7, Peil's Sub., was sold to Dubuque County at tax sale on January 2, 1939, for $1,- 128.92 to which penalty of $45.16 and interest of $43.64 here since attached. The amount due on Lot 1 of 1 of 7, Peil's Sub., is as follows: Principal $180.11, interest $11.40, penalties $81.05, and advertising costs of $1.50, a total of $274.06. This account is quite involved and the penalties are considerable. I rec- ommend that upon the petitioner pay- ing the original assessments with 59'o straight interest from the date of levy to the date of redemption together with advertising and certificate costs, that a warrant be drawn on the Special Bond- ed Fund payable to the County Treas- urer for balance which represents the penalties. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Clark moved that the recommendation of City Manager Rhomberg be approved and that upon Mr. Charles Gau paying the original assessments with 5% straight interest from the date of levy to the date of redemption together with the adver- tising costs and certificate cost that a warrant be drawn on the Special Bond- ed Fund payable to the County Treas- urer for the balance which represents the penalties and that the City Audi- tor be instructed accordingly. Second- eed by Councilman Van Duelman. Car- ried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. August 7, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen:— The five-year contract of the E. R. Frith Company for the collection and disposal of garbage and dead animals expires September 16, 1939. I recommend that City Council di- rect the Clerk to advertise for bids for a new contract including the following provisions: 1. Duration of contract to be five (5) years. 2. Payments by the City to be made twice each month, each payment to be 1-24 of the annual contract price. 3. Collections of garbage and de- cayed matter to be made as at present in two districts as follows: District No. 1—This district includes all the territory circumscribed by West 17th Street on the North, Jones Street on the South, Bluff Street on the West, and Central Avenue on the East, both sides of these streets included. In this district, collections shall be made three times a week from June 1st to Novem- ber 1st and twice a week at other times. District No. 2—This district embraces all parts of the City within its present limits which are not included within District No. 1. Collections shall be made in District No. 2 twice a week from May 1st to November 1st and once a week at other times. 4. The contractor to be required, at his bid price, to collect all garbage and decayed matter and to remove dead ani- mals daily, Sundays and holidays in- cluded, within the entire limits of the City and to dispose of the same in a proper manner. 5. Non-leakable and covered veh- icles to be required for all collections. 6. The successful bidder to furnish the City a surety bond at his expense in the sum of $5,000.00 conditioned upon the faithful performance, for the five-year period, of all conditions of the cohtract and in order to protect the City against all damages; this surety bond to be made a part of the contract. 7. Bids be advertised and received up to Tuesday, September 5, 1939, at 11:00 A. M. and referred to the City Council at 7:30 P. M. on the same day. Respectfully submitted, A. A. RHOMB$RG, City Manager. Councilman Clark moved that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Mur- phy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. August 7, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen:— On entlemen:On May 22, 1939, the City Council adopted Resolution No. 84-39 request- ing the Federal Emergency Adminis- tration of Public Works to supplement the $67,500.00 grant with additional funds in order to meet the increased costs of Project Iowa 1684-F of Im- provements to the Water Works Sys- tem. Regular Session, August 7th, 1939. 225 1 I am pleased to report that on Aug- ust 3 the attached telegram was, re- ceived which revised the grant allot- ment from $67,500.00 to $74,978.00, an increase of $7,498.00. Very truly yours, A. A. RHOMBERG, City Manager. Councilman Clark moved that the communication of City Manager Rhomberg be made a matter of record. Seconded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Reesolution No. 127-39 Whereas, The City of Dubuque, pur- suant to an advertisement for bids on the furnishing of fire apparatus, did on the 5th day of July, 1939, at ten o'clock A. M. at the City Clerk's office in the City Hall, Dubuque, Iowa, receive bids for the furnishing of two triple combi- nation fire engine pumpers, which said bids were taken under advisement by the City Council; and Whereas, The proposals have been compared and examined and this Coun- cil has determined that the most favor- able proposal received was submitted by the Waterloo Construction Com- pany; Now, Therefore, Be It Resolved by the City Council of the City of Dubuque, Iowa, that the contract for the furnishing of two 1000 -gallon triple combination fire en- gine pumpers in the amount of $18,- 900.00 be awarded to the Waterloo Con- struction Company, Waterloo, Iowa, and that the contract hereto attached is approved and made a part hereof and the Mayor and Clerk be and they are hereby authorized and directed to exe- cute the same on behalf of the City of Dubuque. Be It Further Resolved that this res- olution being deemed urgent and of immediate necessity become effective from and after its final passage and adoption by the City Council. Approved and placed on file for one week on July 20, 1939. Passed, adopted and approved this 7th day of August, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Clark. Carried by the following vote: Yeas—Mavoi• Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. City of Dubuque, Iowa Resolution No. 135-39 Be It Resolved by the City Council of the City of Dubuque, State of Iowa, as follows: (1) That it is deemed advisable and for the best interest of said City of Du- buque, that the contract between the said City of Dubuque, and Anton Zwack, Inc., Contractor, covering the work on Contract No. 4 Docket No. 1684-F be changed as it is outlined on the attached sheet in the request for contract extension of time. (2) That the request of said con- tractor covering the change is hereby approved and accepted. (3) That the contract time limit be extended 60 calendar days. (4) That the contract price will not be changed by this change. (5) That the City of Dubuque waives any and all claims for liquidat- ed damages arising out of the failure of the contractor to complete the work prior to the date for the completion thereof as modified by this resolution. (6) That said contractural provi- sion providing for liquidated damages shall otherwise remain in full force and effect. (7) That such acceptance of the Contractor's proposal shall become ef- fective only when a certified copy of this resolution is sent to the contractor by the engineer of said City of Du- buque, Iowa. Be It Further Resolved that this resolution being deemed argent and of immediate necessity become effective from and after its filial adoption by the Citv Council. :d ri Passed, adopted and approved this 7th day of August, 1939. C,EO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSOONnCouciluuen. Attest: J. J• SHEA, City Clerk. Councilman Thompson moved the adoption of the resolution. Seconded by Councilman Clark. Carried by the following vote: Yeas Mayor Murphy. Councihuen Clark, Thompson, Van Duelman, \\"harton. Nays—None. 226 Regular Session, August 7th, 1939. City of Dubuque, Iowa Resolution No. 136-39 Be It Resolved by the City Council of the City of Dubuque, State of Iowa, as follows: (1) That it is deemed advisable and for the best interest of said City of Dubuque, that the contract between the said City of Dubuque, and Linehan & Molo, Contractor, covering the work on Contract No. 5 Docket No. Iowa 1684-F be changed as is outlined on the attached sheet in the request for contract extension of time. (2) That the request of said con- tractor covering the change is hereby approved and accepted. (3) That the contract time limit be extended 60 calendar days. (4) That the contract price will not be changed by this change. (5) That the City of Dubuque waives any and all claims for liquidated damages arising out of the failure of the contractor to complete the work prior to the date for the completion thereof as modified by this resolution. (6) That said contractual provision providing for liquidation damages shall otherwise remain in full force and ef- fect. (7) That such acceptance of the Contractor's proposal shall become ef- fective only when a certified copy of this resolution is sent to the contractor by the engineer of said City of Du- buque, Iowa. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity become effective from and after its final passage and adoption by the City Council. Passed, adopted and approved this 7th day of August, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Clark moved the adop- tion of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. City of Dubuque, Iowa Resolution No. 137-39 Be It Resolved by the City Council of the City of Dubuque, State of Iowa. as follows: (1) That it is deemed advisable and for the best interest of said City of Du- buque, that the contract between the said City of Dubuque, and United Elec- tric Company, electricians covering the work on Contract No. 6 Docket No. Iowa 1684-F be changed as is outlined on the attached sheet in the request for contract extension of time. (2) That the request of said con- tractor covering the change is hereby approved and accepted. (3) That the contract time limit be extended 60 calendar days. (4) That the contract price will not be changed by this change. (5) That the City of Dubuque waives any and all claims for liquidat- ed damages arising out of the failure of the contractor to complete the work prior to the date for the completion thereof as modified by this resolution. (6) That said contractual provision providing for liquidated damages shall otherwise remain in full force and ef- fect. (7) That such acceptance of the Contractor's proposal shall become ef- fective only when a certified copy of this resolution is sent to the contractor by the engineer of said City of Du- buque, Iowa. Be It Further Resolved that this res- olution being deemed urgent and of immediate necessity become effective from and after its final passage and adoption by the City Council. Passed, adopted and approved this 7th day of August, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Clark moved the adop- tion of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor :Mur- phy, Councili.zen Clark, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 138-39 Be It Resolved by the City Council of the City of Dubuque that the fol- lowing, having complied with the pro- visions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City: Name and Address— Joseph J. Weiner, 709 Julien Avenue Regular Session, August 7th, 1939, ?'7 Be It Further Resolved that the bondiollowinq filed with the application be approved. vote: Yeas—Mayor Murphy, Couucihiten Passed, adopted and approved this Clark, Thompson, Van Duelman, NVharton, Nays—None. 7th day of August, 1939. GEO. R. MURPHY, Mayor. Resolution No. 140-39 FRANK VAN DUELMAN, Whereas, Heretofore applications ALBERT WHARTON, Were filed by the within named appli- cants for Class "B" Beer Permits CARL A. CLARK, and they received the approval of this F. W. THOMPSON, Council; and Councilmen. Whereas, The premises to be occu- Attest: J. J. SHEA, City Clerk. pied by them have been inspected and found to comply with the ordinances of Councilman Clark moved the adop- thia City and they have filed a proper tion of the resolution. Seconded by bond; Now, Therefore, Councilman Thompson. Carried by the following vote: Yeas—Mayor I11ur- Be It Resolved U y the Council of phy, Councilmen Clark, Thompson, the City of Dubuque that the Manager Van Duelman, Wharton. Nays—None. be and he is hereby directed to issue to the following named persons a Beer Resolution No. 139-39 Permit: Whereas, Applications for Class "B„ Class "B" Permit Beer Permits have been submitted to Name. Address. this Council for approval and the same Arthur and Adele Norton (res.. fer Tr have been examined; Now, Therefore, of address from 198 Dorton Cell - 9 Cell Be Be It Resolved by the Council of oral Avenue; Philip Mihalakis - the City of Dubuque that the following fer of address from 469 Main), 500 applications be and the same are hereby East 22nd Street; W. F. Trimpler East 2 approved and it is ordered that the of address from 2Tr Ceer (Trorala fer r premises to be occupied by such appli- East 16th Street; William cants shall be forthwith inspected. Tharp, 2403 Central Avenue; Joseph J. and Evelyn Weiner, 709 Julien Ave - Class "B" Permit mte; Win. J. Clesen, 1097 Jackson Street; Payson and Harry Berg, 1804 Name. Address. Central :lvenue; Wm. C. Miller, 3� Arthur and Adele Norton (Transfer Nest 4th Street; John J. and Marie of address from 198 Main), 659 Cen- Rettenmaier, 1100 Lincoln Avenue; tral Avenue; Philip Mihalakis (Trans- Milo Barrett, 241 Main Street; Carl J. fer of address from 469 Main), 500 East McDermott, 265 Main Street; Knights 22nd Street; W. F. Trimpler (Trans- of Columbus, Dubuque Council No. fer of address from 2400 Central), 574 510, 781 Locust Street; Philip Mihala- East 16th Street; William Tharp, 2403 kis, 500 East 22nd Street. Central Avenue; Joseph J. and Evelyn Weiner, 709 Julien Avenue; Win. J. Be It Further Resolved that the Clesen, 1097 Jackson Street; Payson bonds filed by such applicants be and hereby approved. and Harry Berg, 1804 Central Avenue; the same are Wm. C. Miller, 35 West 4th Street; passed, adopted and approved this John J. and Marie Rettenmaier, 1100 7th d ay of August, 1939. Lincoln Avenue; Milo Barrett, 241 Main Street; Carl J. McDermott, 265 GEO. R. MURPHY, Mayor. Main Street; Knights of Columbus, Dubuque Council 781 FRANK VAN DUELMAN, No. 510, Locust Street; Philip Mihalakis, 500 East 22nd ALBERT WHARTON, Street. CARL A. CLARK, Passed adopted and approved this F. NN'. THOMPSON, Councilmen. 7th day of August, 1939. J. J. SHEA, City Clerk. GEO. R. MURPHY, Mayor, Attest: the adop- FRANK FRANK VAN DUELMAN, Councilman Clark moved resolution. Seconded by ALBERT WHARTON, CAR R A. CLARK, L A. CLARK, tion of the Councilman Thompson. Carried by Yeas—Mayor Mur - F. the following vote: Councilmen. 1 Van Duelman1, Wharton. Nay s—N une. Attest: J. J. SHEA, City Clerk.Application of John O'Brien for a to be located Councilman Clark moved the adop- tionresoon. Class "C" Beer Permit at 1120 Julien Avenue, presented and h. Chief of Councilman Thompson. Carried dby the read, also report submitted 228 Regular Session, August 7th, 1939. _ Police Str»b upon the application for a Class "C" Beer Permit of John O'Brien, presented and read. Council- man Wharton moved that the applica- tion of John O'Brien for a Class "C" Beer Permit to be located at 1120 Julien Avenue be denied. Seconded by Councilman Clark. Carried by the fol- lowing vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 141-39 Resolution and application for per- manent transfer of funds. Whereas, An emergency tax levy was made by the City Council of the Citv of Dubuque for use in supple- menting the funds required for debt service during the fiscal year beginning April 1, 1939, and ending March 31, 1940, upon authority and approval of the State Comptroller; and Whereas, As of the 31st of July, 1939, there was a cash balance in the Grading Fund of $1,630.83; and Whereas, There is now in the hands of the City Treasurer and credited to the Emergency Fund the sum of $15,- 854.79, which is available for transfer to the Grading Fund above referred to for debt service; and Whereas, On August 1, 1939, Grad- ing Bonds in the amount of $6,000.00 matured and Grading Bond Interest in the amount of $420.00 became due and payable; and Whereas, In order to pay the obliga- tions due it will be necessary to make a transfer of $6,420.00 from the Emer- gency Fund to the Grading Fund; and Whereas, Before any transfer can be made from the Emergency Fund to any other fund, an application must be made to the State Comptroller for au- thority to make the transfer and his approval secured thereon; Now, There- fore, Be It Resolved by the Citv Council of the Citv of Dubuque that, subject to the approval of the State Comptroller, there be and there is hereby transferred from the Emergency Fund to the Grading Fund the sum of $6,420.00, and the State Comptroller is hereby Petitioned to authorize and approve such transfer,. Be It Further Resolved that, upon the approval of such transfer, the Aud- itor of the City of Dubuque is directed to adjust his books accordingly and notify the Treasurer of such transfer, and such notification shall be accom- panied by a copy of this resolution and the record of its adoption. The resolution was passed, adopted, and approved by unanimous action of the City Council on the 7th day of August, 1939, and all members thereof signed their names thereto. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen, Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Julv 26, 1939. Mr. A. A. Rhomberg, City Manager, and Members of Citv Conncil, Du- buque, Iowa. Gentlemen:— I herewith submit the attached re- port on William Blum, the holder of Class "B" Beer Permit at 1654 Cen- tral Avenue. The Class "B" Beer Per- mit No. 109 was issued to the above mentioned William Blum on August 9, 1938. An investigation concerning the operation of this establishment since Permit was last issued has been made and is included in this report, together with my findings regarding the char- acter and record of the permit holder. History—July 24, 1939, arrested on a charge of selling beer to minors and nossession of a gambling device. De- faulted a bond of $100.00 on selling beer to minors and defaulted a bond of $25.00 on possession of gambling de- vice. March 11, 1939—Disturbing the peace. Discharged in Police Court, 3/11/39. August 21, 1938—Arrested on charge of illegal transportation of distilled snirits and illegal nossession of the dis- tilled spirits on which the tax had not been paid to the United States (in two counts). October 27, 1938—Indicted at Sioux City; he was indicted on both counts. December 6, 1938—Entered a plea of guilty. December 6, 1938—Sentenced to serve 60 days in the County Jail. This time was served in the Lynn County Jail at midnight February 4, 1939. Remarks --You are advised that the indictment was returned under Section 1152, a Title 26 U. S. Code (1934 edi- tion) and said penalty for said viola- tion, as provided in Section 1152, a Title of U. S. Code reads as follows: Regular Session, August 7th, 1939. 229 Shall on conviction be punished by a fine not exceeding $1,000.00 or by im- prisonme1taohard r by laborbothnot exceed- ing five years, If I understood the law correctly the punishment provided by this statute would make the guilty off atlfelose ny which It isiful cant pleadsr- ther pointed out according No. 12890 Code of Iowa, 1935, a felony is a pub- lic offense which "may" be punished with death, or which is, or in the dis- cretion of the Court may be punished by imprisonment in the penitentiary or men's reformatory. Further reference is made to Par. 518 of Ordinance No. 9-35. Revocation mandatory. Section 9, wherein a per- son had been convicted of a felony, revocation is mandatory. You are further advised that the Po- lice Department has received many and divers complaints concerning the violent and tumultous conduct and pro- fane language and offensive talk of the patrons of this tavern. (Names of complainants furnished on request). An investigation revealed this condi- tion to exist and to prevent a continui- ty of this condition, it became neces- sary to assign a special police detail to the vicinity of this tavern. And fur- thermore, in dealing with juveniles, it has been learned by the Police Depart- ment, the Probation Officer, Social Worker and Judges of the District Court that this applicant solicits, or at least permits persons of tender years to loiter around and in his place of busi- ness. Statements have been made by juveniles that it is not difficult to se- cure beer in said tavern. Recommendations—Because of the disorderly conduct of William Blum in the operation of his Class "B" Tavern and of the above cited violations of law, I hereby recommend that the City Council proceed under the provisions of Section 1921-F123 making it manda- tory that license No. 109 issued to Wil- liam Blum at 1654 Central Avenue on August 9, 1938, be revoked forthwith. Respectfully submitted, JOS. H. STRUB, Chief of Police. crating a tavern at 1654 Central Ave- nue in the City of Dubuque; and Whereas, It has come to the atten- tion of this Council that the owner and holder of said permit has conducted his place of business in a disorderly manner and otherwise in violation of law; Now, Therefore, Be It Resolved by the City Council of the City of Dubuque that Class "B" Beer Permit No. 109, heretofore issued to William Blum, be and the same is hereby revoked and the Chief of Police is directed to take up such permit forthwith and return the same for can- cellation. Passed, adopted, and approved this 7th day of August, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Wharton moved the adoption of the resolution. Seconded I)%- Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. There being no further business Councilman Wharton moved to ad- journ. Seconded by Councilman Clark. Carried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. J. J. SHEA, City Clerk. Approved 4939. n j ('J .QJk b�s,1939. Adopt(.' Councilman Wharton moved that the recommendation of Chief of Police Strub be approved. Seconded by Coun- cilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Council- men Clark, Thompson, Van Duelman. Counci� men: Wharton. Nays—None. Resolution No. 142-39 Whereas This Council, on the 901 Attest: --• day of August, 1938, caused to be is- v sued a Class "B" Beer Permit bearing the Number 109 to William Blum, op - 230 Session, August 7th, 1939. Board of Health (Official) Special Session, August 7, 1939. Board met at 9:55 P. M. Present—Chairman Geo. R. Murphy, Messrs. Carl A. Clark, F. W. Thomp- son, Frank Van Duelman, Albert Wharton. Communication of A. H. Wieters, Director, Division of Public Health Engineering, State Department of Health, Des Moines, Iowa, submitting a copy of letter received from Mrs. Theo. Kale, 569 Southern Avenue, com- plaining about an outside closet belong- ing to Leo Houpes, 567 Southern Ave- nue, and statfng that this matter has been taken up with the Local Board of Health but so far no results have been shown, advising the Local Board of Health that the matter complained of by Mrs. Theo. Kale comes under their jurisdiction and requests an inves- tigation and action, presented and read. Mr. Albert Wharton moved that the communication and accompanying let- ter of complaint be referred to the Health Director and Sanitary Officer for investigation and report. Seconded by Mr. Carl A. Clark. Carried by the following vote: Yeas—Chairman Geo. R. Murphy, Messrs. Carl A. Clark, F. W. Thompson, Frank Van Duelman, Albert Wharton. Nays—None. Return of service, subscribed and sworn to by Joseph T. Scharry, Sani- tary Officer, of notice served upon Voelker Realty Company to connect Lot 221, Woodlawn Park Addition, with the sanitary sewer, presented and read. Mr. Carl A. Clark moved that the return of service be received and filed. Seconded by Mr. Frank Van Duelman. Carried by the following vote: Yeas—Chairman Geo. R. Mur- phy, Messrs, Carl A. Clark, F. W. Thompson, Frank Van Duelman, Al- bert Wharton. Nays—None. Return of service, subscribed and sworn to by Joseph T. Scharry, Sani- tary Officer, of notice served upon John Schaul to connect the N. E. 38 feet of S. E. 150 feet of Lot 595, Ham's Add., with the sanitary sewer, present- ed and read. Mr. Carl A. Clark moved that the return of service be received and filed. Seconded by Mr. Frank Van Duelman. Carried by the following vote: Yeas—Chairman Geo. R. Mur- PhY, Messrs. Carl A. Clark, F. W. Thompson, Frank Van Duelman, Al- bert Wharton. Nays—None. Return of service, subscribed and sworn to by Joseph T. Scharry, Sani- tary Officer, of notice served upon Seippel Lumber Company to connect Lot 2 of 7 of Peil's Sub, with the sani- tary sewer, presented and read, Mr. Carl A. Clark moved that the return of service be received and filed. Sec- onded by Mr. Frank Van Duelman. Carried by the following vote: Yeas— Chairman Geo. R. Murphy, Messrs. Carl A. Clark, F. W. Thompson, Frank Van Duelman, Albert Wharton. Nays—None. There being no further business Mr. Frank Van Duelman moved that the Board of Health adjourn. Seconded by Air. Carl A. Clark. Carried by the following vote: Yeas—Chairman Geo. R. Murphy, Messrs. Carl A. Clark, F. W. Thompson, Frank Van Duelman, Albert Wharton. Nays—None. J. J. SHEA, Clerk, Board of Health. Approve_ _ -1-d'1939. Adopted 01)c '_ 39. Members o ��' -- Boar ----------- _o— t Health C-tt c -/l ----------------- Attest: __ •_,7G2____ CAN of Health. i Special Session, August 30th, 1939, 231 City Council (official.) Special Session, .August 30, 1939. Council met at 7:55 P. M. Present—Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton, City Manager Rhomberg. Meeting called by order of Councilmen Van Duelman and Clark. Mayor Murphy read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of considering an offer to amend the contract created by the acceptance of the original offer made by the United States of America to City of Dubuque, Iowa, to aid by way of grant in financing Improve- ments to Water Works System and Demolition of Old Building made by the United States of America to the City of Dubuque, Iowa, and acting on any other business as may properly come before. a regular meeting of the City Council. Notice of Special Meeting To: Geo. R. Murphy, Mayor; Carl A. Clark, F. W. Thompson, Frank Van Duelman, Albert Wharton, Council- men. •,Yqu and each of you are hereby noti- fieti tRa*4here -will be a special meet- ing of the City Council of the Citv of Dubuque, Iowa, at Council Chamber, Citv Hall, on the 30th day of August, 1939, at 7:30 o'clock P. M. for the pur- pose of considering an offer to amend the contract created by the acceptance of the original offer made by the Unit- ed States of America to City of Du- buque, Iowa, to aid by way of grant in financing Improvements to Water Works System and Demolition of Old Building made by the United States of America to the City of Dubuque, Iowa. FRANK VAN DUELMAN, CARL A. CLARK, Councilmen. Consent to Meeting We, the undersigned members of the City Council of the City of Dubuque, Iowa, hereby accept service of the fore- going ,notice, waiving any and all ir- regularities in such service and such notice, and consent and agree that said City Council shall meet at the time and place therein named, and for the pur- pose therein stated. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL, A. CLARK, F. W. THOMPSON, Councilmen. Witness my hand this 30th day of August, 1939. J. J. SHEA, City Clerk. Resolution No. 141-39 Resolution and application for per- manent transfer of funds. Whereas, An emergency tax levv was made by the City Council of the City of Dubuque for use in supple- menting the funds required for debt service during the fiscal year begin- ning April 1, 1939, and ending Alarch 31, 1940, upon authority and approval of the State Comptroller; and Whereas, As of the 31st of July, 1939, there was a cash balance in the Grading Fund of $1,630.83; and Whereas, There is now in the hands of the City Treasurer and credited to the Emergency Fund the sum of $15,- 854.79, which is available for transfer to the Grading Fund above referred to for debt service; and Whereas, On August 1, 1939, Grad- ing Bonds in the amount of $6,000.00 matured and Grading Bond Interest in the amount of $420.00 became due and payable; and Whereas, In order to pay the obliga- tions due it will be necessary to make a transfer of $6,420.00 from the Emer- gency Fund to the Grading Fund; and \\'hereas, Before any transfer can be made from the Emergency Fund to any other fund, an application must be made to the State Comptroller for au- thority to make the transfer and his approval secured thereon; Now, There- fore, Be It Resolved by the City Council of the City of Dubuque that, subject to the approval of the State Comp- troller, there be and there is hereby transferred from the Emergency Fund to the Grading Fund the sum of $6,- 420.00, 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 Aud- itor of the City of Dubuque is directed to adjust his books accordingly and notify the Treasurer of such transfer, and such notification shall be accom- panied by a copy of this resolution and the record of its adoption. The resolution was passed, adopted and approved by unanimous action of the City Council on the 7th day of August, 1939, and all members thereof signed their names thereto. GCO FRANK VAN DUL:1 M.�N, ALBERT WHARTON, CARL A. CLARK, F. W. THOMrSOCoui cilmcn. Attest: J. J. SHEA, City Clerk. 232 Special Session, August 30th, 1939. The above resolution and application having been filed with the State CoMP- troller, lthis troller, the transfer is approved 12th day of August, 1939. C. FRED PORTER, State Comptroller Councilman Thompson moved that the approval of State Comptroller C. Fred Porter be made a matter of rec- ord. Seconded by Councilman Clark. Carried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Communication of Iowa Association of Chiefs of Police urging the City Council to arrange for the sending of the Chief of Police to attend the Con- vention of the Iowa Association of Chiefs of Police to be held in Daven- port, Iowa, on September 19, 20, 21, 1939, presented and read. Councilman Clark moved that the communication be received and that Chief of Police Strub be authorized to attend the Con- vention of the Iowa Association of Chiefs of Police to be held in Daven- port, Iowa, on September 19, 20, 21, 1939. Seconded by Councilman Whar- ton. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Communication of the International City Managers' Association extending invitation to the Honorable Mayor and Members of the City Council to attend the annual conference of the Interna- tional City Managers' Association to be held in Detroit on October 9th to 12th, inclusive, presented and read. Councilman Van Duelman moved to refer the communication to the City Council for further consideration. Sec- onded by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Notice of Claim of John Bjerke in an amount to reimburse him for the doctor bills and loss of time from work for personal injuries sustained in a fall at Eagle Point Park and stating that the accident happened because the lights had been turned off and that he was unable to see where he was walk- ing, presented and read. Councilman Clark moved to refer the Notice of Claim to the City Solicitor for investi- gation and report. Seconded by Coun- cilman Thompson. Carried by the fol- lowing vote: Yeas—Mavor Murphy, Councilman Clark, Thompson, Van Duelman, Wharton. Nays—None. Notice of Levy and Sale of T. J. O'Donnell, Plaintiff, versus Birdena E. Bush, Virginia E. B. Robinson, Anna M. Utt, City of Dubuque, James F. Lee Paving Company, John D. Bush, De- fendants, upon Lot 1 in Pinehurst Sub- division, presented and read. Council- man Van Duelman moved to refer the Notice of bevy and Sale to the City Solicitor for investigation and report. Seconded by Councilman Clark. Car- ried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Petition of The Volunteers of Amer- ica, requesting permission for the hold- ing of a Red Heart tag sale on Septem- ber 23, 1939, presented and read. Councilman Van Duelman moved that the request be granted. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Vail Duelman, Wharton. Nays—None. Petition of Susan Erschens, request- ing permission to redeem the tax sale certificate held by the City of Du- buque on Lot 2 of the Subdivision of Lots 7 and 8 of S. M. Langworthy's Subdivision upon the payment of the face of the certilcate plus 5ojo straight interest from the date of the sale to the date of redemption, presented and read. Councilman Wharton moved to refer the petition to the City Manager and City Treasurer for investigation and re- port. Seconded by Councilman Clark. Carried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Petition of Mrs. Bertha Lange, re- questing the remission of the penalties paid on special assessments in the amount of $10.01 levied against Lot 5 of Jansen's Subdivision No. 3 for the improvement of Roosevelt Street, pre- sented and read. Councilman Whar- ton moved to refer the petition to the City Manager and City Treasurer for investigation and report. Seconded by Councilman Clark. Carried by the fol- lowing vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Petition of Louise Scharff, referred to the City Council by the Board of Supervisors, requesting suspension of the 1938 taxes on Lots 34 and 35, Bel- mont Addition, presented and read. Councilman Wharton moved to refer the petition to the City Solicitor for investigation and report. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Petition of Della C. Thul, referred to the City Council by the Board of 0 Mr "NA NA Special Session, August 30th, 1939. 233 Supervisors, requesting cancellation of the 1938 taxes on the South 2 feet 6 115 and the North thirty-two feet 6 inches inches of Lot 2 and all of Lot 3 of of Lot 116 of East DubuyUe Addition on 'or before Kleinschmidt's Subdivision, presented the 1st day of October, 1939, and read. Councilman Wharton moved presented and read, Councilman Thompson to refer the petition to the City Solici- moved that the returns of service be received for for investigation and report. Sec- and filed. Seconded by Councilman onded by Councilman Van Duelman. Clark. Carried by the following Carried by the following vote: Yeas— vote: Yeas— Mayor Murphy, Councilmen Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Clark, 'Thompson, Van Duelman, Wharton. Nays—None. Nays—None. August 10, 1939. Petition of Alvina Hill, requesting that the City Council grant whatever To the HonorableMayor and City Council, Dubuque, Iowa. relief they may be able to extend in the Gentlemen:— matter of the payment of the delinquent I herewith submit the reports of the special assessments and also for the City Auditor, City Treasurer, City redemption of the tax sale certificate Health Department, and the City held by the City of Dubuque against !Water Department for the month of Lot 3 of Tschirgi and Schwind's Sub- July, 1939, also a list of claims and list division, presented and read. Council- of payrolls for which warrants were man Clark moved to refer the petition drawn during the month of July, 1939. to the City Manager and City Treas- Respectfully submitted, urer for investigation and report. Sec- A. A. RHOMBERG, onded by Councilman Thompson. Car- City Manager, ried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Councilman Clark moved that the Thompson, Van Dueleman, Wharton, reports be received and placed on file. Nays—None. Seconded by Councilman Thompson. Carried by the following vote: Yeas— Council Proceedings for the month NI avor Murphy, Councilmen Clark, of June, 1939, presented for approval. 'l'honipson, Van Duelman, Wharton. Councilman Clark moved that the X a. s—None. Council Proceedings for the month of June, 1939, be approved as printed. Resolution Na. 143-39 Seconded by Councilman Thompson. City of Dubuque, Iowa Carried by the following vote: Yeas— Mayor Murphy, , Councilmen Clark, A resolution accepting the offer to Thompson, Van Duelman, Wharton• amend the contract created by the ac - Nays—None. cel,tance of the original offer of the United States of America to City of Return of service, subscribed and Dubuque, Iowa, to aid in financing the construction of Improvement to Water sworn to by H. H. Howie, Building Commissioner, of notice of condemna- \Works System and Demolition of Old tion proceedings served upon Adam Berntgen and Edward Whelan Attor- Building. Be It Resolved by the City Council ney for Adam Berntgen, requiring them to abate the nuisance and take of the City of Dubuque, Iowa: Section 1. That the offer to amend down the buildings located on the South the contract created by the acceptance one-half of Lot 115 and the North thirty-two feet 6 inches of Lot of the original offer of the United States to City of Dubuque. Iowa, to aid 116 of East Dubuque Addition on or before by way of grant in financing Improve - the 1st day of October, 1939, ments to Nater Works System and presented and read. Councilman Demolition of Old Building, a copy of Thompson moved that the return of which offer follows, be and the same service be received and filed. Seconded hereby is in all respects accepted. by Councilman Clark. Carried by the followingvote: Yeas—Mayor Murphy,Federal Works Agency Councilen Clark, Thompson, V Duelman, Public Works Administration Wharton. Nays—None. Copy conformed to executed original Returns of service subscribed and 'Howie, Aug.2, 1939. Checked; Penn. Legal sworn to by H. H. Building Commissioner, Divn., PWA. P W 91412-12 of notices of condemna- tion proceedings served upon Wilbert W j,shington, D. C. Dated; Aug. 24, Farley, Thomas Farley, John Farley, Lillian 1939. Docket No. Iowa 1684-F. Ternes, Mar Howard Ethel Ferring, Elrene City of Dubuque, Iowa, Dubuque, Meng and Rose Mc- Laughlin, Iowa. notifying them to abate the nuisance and take down the buildings The United States of America here - the contract created located on the South one-half of I,ot by offers to amend 234 Special Session, August 30th, 1939. by the acceptance by the City of Du- buque, Iowa, on October 3, 1938, of the offer made by the United States of America and dated September 23, 1938, by striking out, in Line 8 of Para- graph 1 of said offer, the figures "$67,- 500" an dinserting in lieu thereof the figures "$74,978." United States of America Federal Works Administrator. By: (SGD) E. W. Clark, Acting Commissioner of Public Works. Section 2. That said City of Du- buque, Iowa, agrees to abide by all the terms and conditions relating to such original offer, a copy of which terms and conditions was annexed to the Government's original offer and made a part thereof. Section 3. That the Mayor is hereby directed to sign, and the City Clerk to attest and affix the corporate seal of the City of Dubuque, Iowa, to the ex- ecuted amendatory offer made by the United States of America to the City of Dubuque, Iowa, as evidence of the acceptance of said offer by City of Du- buque, Iowa. Section 4. That the City Clerk is hereby authorized and directed to send to the Public Works Administration certified copies of the proceedings of this meeting and the action taken in connection with the adoption of this resolution, and such further documents or proofs in connection with the ac- ceptance of said amendatory offer as may be requested by the Public Works Administration. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thomp- son, Van Duelman, Wharton. Nays— None. City of Dubuque, Iowa Resolution No. 144-39 Whereas, A thorough investigation has beeen made of the hourly wage rates which are being paid in the City of Dubuque, Iowa, in Dubuque Coun- ty, which is the locality in which the project is being constructed by the City of Dubuque, Iowa, to employ in each trade or occupation engaged in work of a nature similar to the work being Performed in the construction of said project and the prevailing hourly wage rates being paid in such locality to such employees for such work have been determined by the City Council through aid of secretary of Trade and Labor Congress, secretaries of Trade Unions and Local Contractors; and, Now, Therefore, Be It Resolved by the City Council of the City of Dubuque, Iowa, that the following rates for the respective trades as listed below shall be and are hereby fixed as the minimum hourly wage rates and have been determined in accordance with rates prevailing for work of a similar nature in the locality in which the project is being con- structed: Electrician Apprentice, 1st year, $.35 Electrician Apprentice, 2nd year, $.50 Be It Further Resolved that there be transmitted with this resolution the substantiating data upon which the foregoing determination is based. Be It Further Resolved that this res- olution being deemed urgent and of immediate necessity become effective from and after its passage and adoption by the City Council. Passed and adopted this 30th day of August, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. City of Dubuque, Iowa Resolution No. 145-39 Be It Resolved by the City Council of the City of Dubuque, State of Iowa, as follows: (1) That it is deemed advisable and for the best interest of said City of Du- buque, that the contract between the said City of Dubuque, and Climax En- gineering Company, Clinton, Iowa, covering the work on Contract No. 3, Docket Iowa 1684-F be changed as it is outlined on the attached sheet in the request for contract extension of time. Special Session, August 30th, 1939. 235 (2) That the request of said con- tractor covering the change is hereby approved and accepted. (3) That the contract time limit be extended 15 calendar days. (2) That the request of said con- tractor covering the change is hereby approved and accepted. (3) That the contract time limit be extended 15 calendar days. (4) That the contract price will not(4) That the contract price will be changed by this change. not be changed by this change. (5) That the City of Dubuque waives any and all claims for liquidat- ed damages arising out of failure of the contractor to complete the work prior to the date of the completion thereof as modified by this resolution. (6) That the said contractual pro- vision providing for liquidated damages shall otherwise remain in full force and effect. (7) That such acceptance of the Contractor's proposal shall become ef- fective only when a certified copy of this resolution is sent to the contractor by the engineer of said City of Du- buque, Iowa. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity become effective from and after its final passage and adoption by the City Council. Passed, adopted and approved this 30th day of August, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Wharton. Car- ried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. (5) That the City of Dubuque waives any and all claims for liquidated damages arising out of failure of the contractor to complete the work prior to the date of the completion thereof as modified by this resolution. City of Dubuque, Iowa Resolution No. 146-39 Be It Resolved by the City Council of the City of Dubuque, State of Iowa. as follows: (1) That it is deemed advisable and for the best interest of said City of Du- buque, that the contract between the said City of Dubuque, and The A. Y. McDonald Mfg. Co., Dubuque, Iowa. covering the work on Contract 7A and 7B Combined, Docket Iowa 1684-F be changed as it is outlined on the at- tached sheet in the request for con- tract extension of time. (6) That the said contractual pro- vision providing for liquidated dam- ages shall otherwise remain in full force and effect. (7) That such acceptance of the Contractor's proposal shall become ef- fective only when a certified copy of this resolution is sent to the contractor by the enginneer of said City of Du- buque, Iowa. Be It Further Resolved that this res- olution being deemed urgent and of immediate necessity become effective from and after its final passage and adoption by the City Council. Passed, adopted and approved this 30th day of August, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved Sec - the adoption of the resolution. Sec- onded op Councilman Wharton. Car- cas— ried by the follow'Co nc linen YClark, Mayor Murphy, Thompson, Van Duelman, Wharton. Nays—None. City of Dubuque, Iowa Resolution No. 147-39 Be It Resolved by the City Council of the City of Dubuque, State of Iowa. as follows: (11 That it is deemed advisable and for the best inDu- terest of said City buque, and Thos. Io 1. ° co Coal in9C the pally, Dubuque Docket Iowa work on Contract ao it is outlined on 1684-F, be changed the attached sheet m the request for contract extension of time. 236 Special Session, August 30th, 1939. (2) That the request of said con- tractor covering the change is hereby approved and accepted. (3) That the contract time limit be extended 15 calendar days. (4) That the contract price will not be changed by this change. (5) That the City of Dubuque waives any and all claims for liquidat- ed damages arising out of failure of the contractor to complete the work prior to the date of the completion thereof as modified by this resolution. (6) That the said contractual pro- vision providing for liquidated damages shall otherwise remain in full force and effect. (7) That such acceptance of the Contractor's proposal shall become ef- fective only when a certified copy of this resolution is sent to the contractor by the engineer of said City of Du- buque, Iowa. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity become effective from and after its final passage and adoption by the City Council. Passed, adopted and approved this 30th clay of August, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Second- ed by Councilman Clark. Carried by the following vote: Yeas—Mayor Mur- phy, Councilmen Clark, Thompson Van Duelman, Wharton. Nays—None., Resolution No. 148-39 Be It Resolved by the City Council of the City of Dubuque that the follow- ing, having complied with the provi- sions of law relating to the sale of ci arettes within the City of Dubuque, b'granted a _permit to sell cigarettes and cigarette papers within said Citv and the Manager is directed to issue such permit on behalf of said City: Name. Address. Al. V. Poire, 1638 Central Avenue. Be It Further Resolved that the bond filed with the application be ap- proved. Passed, adopted and approved this 30th day of August, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the resolution. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Mur- phy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. August 10, 1939. Mr. A. A. Rhomberg, City Manager, and Members of the City Council, Dubuque, Iowa. Gentlemen:— I herewith submit the attached re- port on Thos. Wragg, the holder of Class "B" Beer Permit at 332 Eighth Avenue. The Class "B" Beer Permit No. 46 was issued to the above men- tioned Thos. Wragg on July 1, 1939. An investigation concerning the oper- ation of this establishment since permit was last issued has been made and is included in the report together with my findings regarding the. character and record of the permit holder. History—On August 7, 1939, the above named permit holder was arrest- ed on a charge of violating Ordinance No. 9-35, Par. 512 and Par. 519. On August 8, 1939, in City Police Court he was found guilty of violating Par. 519 and fined $100.00 and costs of $3.50, which he paid. Remarks—The office of the Chief of Police had for sometime past received complaints that this tavern was a meet- ing place for prostitutes plying their trade and that the operator permitted them to become intoxicated and al- lowed them to solicit, pander and loiter in and around his place of business. An investigation was instituted which revealed that the complaints were jus- tified and as a direct result of the in- vestigation the arrest and conviction of this Class "B" Permit holder fol- lowed. Recommendations—Because of the disorderly conduct of Thos. Wragg in the operation of his Class "B" Tavern and of the above cited violations of law, I hereby recommend that the City Council proceed under the provisions of Sec. 1921-F123 making it mandatory that license No. 46 issued to Thos. Wragg at 332 Eighth Avenue on July 1, 1939, be revoked forthwith. Respectfully submitted, JOS. H. STRUB, Chief of Police. n1i 11 Special Session, August 30th, 1939. 237 Councilman Wharton moved that the recommendation of Chief Police Strub , be app Seconded y Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 149-39 Councilman Clark moved that the communication of City Solicitor Nel- son be made a matter of record. Sec- onded by Councilman Thompson. Car- ried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None, Ordinance No. 30-39. An Ordinance granting to J. F. Stannpfer Company, Whereas, This Council, on the 1st its successors or assigns the right to day of July, 1939, caused to be issued construct and maintain a truss extend - in a Class `B" Beer Permit bearing the S from the building upon City Lot Number 46 to Thomas A. Wragg, op- 29 in the town, (now city) of Dubuque, erating a tavern at 332 Eighth Avenue lowa, and across the alley adjacent in the City of Dubuque; and thereto to the huilding upon the lot on Whereas, It has come to the atten- the East side of said alley, and oppo- tion of this Council that the owner and site thereto; and prescribing the con - holder of said permit has conducted his ditions of such permit, presented and place of business in a disorderly man- read. Councilman Van Duelman ner and otherwise in violation of law; moved that the reading just had be con - Now, Therefore, sidered the first reading of the ordi- Be It Resolved by the City Council mance. Seconded by Councilman Clark. of the City of Dubuque that Class "B" Carried by the following vote: Yeas— Permit No. 46, heretofore issued to Mayor Murphy, Councilmen Clark, Thomas A. Wragg, be and the same is Thompson, Van Duelman, Wharton. hereby revoked and the Chief of Police Nays—None. Councilman Van Duel - is directed to take up such permit man moved that the rules be suspended forthwith and return the same for can- requiring an ordinance to be read on cellation. three separate days. Seconded by Passed, adopted and approved this Councilman Clark. Carried by the fol - 30th day of August, 1939. lowing vote: Yeas—Mayor Murphy, GEO. R. MURPHY, Mayor. Councilmen Clark, Thompson, Van y Duelman, Wharton. Nays—None. The FRANK VAN DUELMAN, ordinance was then read a second time. ALBERT WHARTON, Councilman Van Duelman moved that CARL A. CLARK, the reading just had be considered the F. W. THOMPSON, second reading of the ordinance. Sec - Councilmen. onded by Councilman Clark. Carried Attest: J. J. SHEA, City Clerk. by the following vote: Yeas—Mavor Murphy, Councilmen Clark, Thompson, Councilman Wharton moved the Van Duelman, Wharton. Nays—None. adoption of the resolution. Seconded There being no further business by Councilman Van Duelman. Car- Councilman Clark moved to adjourn. ried by the following vote: Yeas— Seconded by Councilman Van Duel - Mayor Murphy, Comncilmen Clark, man. Carried by the following vote: Thompson, Van Duelman, NN'harton• Peas—Mayor Murphy, Councilmen Nays—None. Clark, Thompson, Van Duclman, August 25, 1939. Wharton. Nays—J J1eSH$A, Honorable Mayor and City Council, City Clerk. Dubuque, Iowa. Gentlemen :—h At the meeting of the Citv Council �ptirove,, J - _w _ 939 held August 12, 1939, your Honorable `e` Body approved the recommendation of the City Manager and Building Conn --1939. missioner that the petition of the J. F. Adopted Stampfer Company, requesting author- ity to erect and maintain a truss across the alley from its building to the building on the East side of said alley. and directed me to prepare proper or- dinance. In accordance with your instructions I herewith submit ordinance covering this matter. I am also returning herewith the petition together with blue print of the proposed truss construction. Respectfully submitted, AL. J. NELSON, City Solicitor. Attest Regular Session, September 4th, 1939. 239 City Council (official) Regular Session, September 4th, 1939. 1No members of the Council being present on roll call, the meeting Nvas postponed subject to call. J. J. SHI'.\. City Clerk. Approved -&7 9. Adopted 4 _(_ 1939. Council n: ------------ __1 Attest: - '--- City Clerk. 240 Adjourned Regular Session, September 5th, 1939. City Council (Official) Adjourned Regular Session, Septem- ber 5th, 1939. Council met at 8:10 P. M Present—Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton, City Manager Rhomberg. Mayor Murphy stated that this meet- ing is an adjourned meeting of the reg- ular meeting of September 4th, 1939, for the purpose of acting upon such business as may properly come before a regular meeting of the City Council. Original Notice of Suit of Clarence Schetgen, Administrator of the Estate of Joseph Schetgen, Deceased, Plain- tiff, vs. City of Dubuque, Defendant, in the amount of $10,000.00 damages for the death of Joseph Schetgen, said damages and death being caused in falling into an open sewer, being com- monly known as the Bee Branch Sewer on East 16th Street, presented and read. Councilman Clark moved to re- fer the Original Notice of Suit to the City Solicitor. Seconded by Council- man Thompson. Carried by the fol- lowing vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Communication of Mrs. Frank Ze- nnanek, submitting attached bill in the amount of $25.94 for damages created while City men were removing a tree in front of her residence located at 1305 Lincoln Avenue, presented and read. Councilman Thompson moved to refer the communication and attached bill to the City Manager for investigation and report. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Communication of A. A. Burgtneier, calling attention of the City Council to the need of street repairs on both Oak Street and Apple Street and ask- ing the City Council to make an in- spection of said streets, presented and read. Councilman Thompson moved that the communication be referred to the City Council to view the grounds. Seconded by Councilman Clark. Car- ried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Petition of Millworkers Local Union 1646, requesting permission for the holding of a carnival from September 4th tip to and including September 10th, 1939, on the City Lot on Fast 4th Street Extension and asking that the license fee and rental charge be dispensed with, presented and read. Councilman Van Duelman moved that the request be granted and that the license fee, as paid, for the holding of said carnival be refunded. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mavor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays— None. Petition of Ed. C. Kuehnle, request- ing a refund of penalties included in the redemption of tax sale certificate on Lots 1 and 2 of Lot 25, Sister's Addition, presented and read. Council- man Clark moved to refer the petition to the City Manager and City Treasur- er for investigation and report. Sec- onded by Councilman Van Duelman. Carried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Petition of Will. A. Haller, referred to the City Council by the Board of Supervisors, requesting suspension of the 1938 taxes on Lot 27 of McCraney's 2nd Addition, presented and read. Councilman Van Duelman moved to refer the petition to the City Solicitor for investigation and report. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Mur- phy, Councilmen Clark, Thompson. Van Duelman, Wharton. Nays—None. Communication of Ludwig Brada, together with attached petitions, re- questing the City Manager and mem- bers of the City Council to re -instate Ludwig Brada as an employee of the City of Dubuqne, presented and read. Councilman Wharton moved that the communication and attached petitions be referred to the City Council. Sec- onded by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays— None. September 4, 1939. To the Honorable Mayor, City Council and City Manager, Dubuque, Iowa. Gentlemen:— On June 22nd, 1939, the City Council appointed a Condemnation Committee for the purpose of viewing properties and submitting reports and recommen- dations. In accordance with the above I am attaching herewith the recommenda- tions of the Condemnation Committee with the request that the necessary resolutions be passed at your earliest convenience. Respectfully submitted, H. H. HOWIE, Building Commissioner. 11 Adjourned Regular Session, September 5th, 1939. 241 ing, general condition run down as a result Councilman Clark moved that the communication of Building Commis- sioner Howie be received and made a of being unoccupied and not properly maintained matter of record. Seconded by Coun- for a number of wars cilman Thompson. Carried by the fol- Yeas—Mayor Sanitation—being formerly lowing vote: Murphy, Councilmen Clark, Thompson, Van st g used for °rage and warehouse purposes there Duelman, Wharton. Nays—None, are no sanitary provisions. Fire Hazard—the roof and interior To the Honorable Mayor and City frame construction create a fire hazard• Council, Dubuque, Iowa. 'Che condemnation committee unani- mousy- recommend demolition. Gentlemen:— The undersigned committee hereto- your` veru truly, fore appointed by your Honorable C. 1. KRAJ IS\\'SKI, Body to examine the building located NORM:1N J. KORMANN, upon City Lot 195 (239 Iowa Street) FRED W. SCHROEDER, and owned by Klauer Julien Hotel Co. Condemnation Committee. and report to you our findings, beg leave to submit the following report. We find that said building is ill a Councilman Van Duelman moved dangerous and unsafe condition for the that the recommendation of the Con- following reasons: demnation Committee be made a mat- Structurally—over 70°fo depreciated, ter of record and the Citv Solicitor to windows broken, roof in bad shape, be instructed to prepare the proper Nvalls bulging, general condition the re- resolutions. Seconded by Councilman sult of being unoccupied and not main- Thompson. Carried by the following tained. vote: yeas—Mayor Murphy, Council- Sanitation—being used for storage men Clark, 'Thompson, Van Duelman, Wharton. Nays—None. and warehouse purposes, there are no sanitary provisions. Fire Hazard—the roof and interior 'To the Honorable Mayor and City frame construction create a fire hazard. Council, Dubuque, Iowa. The condemnation committee unani- (;'.litlemew— mously recommend demolition. Yourstruly Yours very truly, "1'he undersigned committee hereto- I. KRA very J fore appointed by your Honorable Body to examine the building located NORMAN J. KORMANN, upon the North one-third of City Lot FRED W. SCHROEDER, 554 (1.1 Locust Street) and owned by Condemnation Committee. Mary F. Dovle and report to you our findings, beg leave to submit the fol- lowing report. Councilman Van Duelman moved We find that said building is in a that the recommendation of the Con- dangerous and unsafe condition for the demnation Committee be made a mat- following reasons: ter of record and the City Solicitor to Structurally'—interior satisfactory, be instructed to prepare the proper outside in a generally run down condi resolutions. Seconded by Councilman tion' Thompson. Carried by the following vote: Yeas—Mayor Murphy, Council Council- S:uiitation—there are no sanitary men Clark, Thompson, Van Duelman, Wharton. Nays—None. pro i`n,ns• Fire Hazard—the exterior presents a fire hazard clue to frame construction and lack of repair. To the Honorable Mayor and City l 11e' condemnation recom colowed Council, Dubuque, Iowa. to mends that owner be allowed to retain owner Gentlemen:— this building providing that the exterior plumbing The undersigned committee hereto- is rcptni cd l that proper fabe installed in the fore appointed by your Honorable : nd waur acilities fln�,r and second floor apartment. Body to examine the building located first li thcse two reconiniendations are not Upon City Lot 193 (281 Iowa Street) foiloned by the owner the buildine and owned by Win. Lawther and re- he demolished. port to you our findings, beg leave to should yours very truly, submit the following report. We find that said building is in a C. I. KRAJ1'.\\•SKl, dangerous and unsafe condition for the NOFMAN J. KOR\l:ANN, following reasons: FRTJ) \V'. SCHROEDER, Structurally—over 70�1>r depreci:1tecl, Condemnation Committee•. windows, roof in bad shape, walls bnlg- 242 Adjourned Regular Session, September 5th, 1939. Councilman Van Duelman moved that the reconnrnendation of the Con- demnation Committee be made a mat- ter of record and the City Solicitor to be instructed to prepare the proper resolutions. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton. Nays—None. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen:— The undersigned committee hereto- fore appointed by your Honorable Bodv to examine the building located upon the North one-third of City Lot 554 (17 Harrison Street) and owned by Mary F. Doyle and report to you our findings, beg leave to submit the fol- lowing report. We find that said building is in a dangerous and unsafe condition for the following reasons: Structurally—depreciated over 70%, floors sagging, walls bulging and out of plumb, stairways dangerous. Sanitation—there are no sanitary provisions. Fire Hazard—frame construction and due to lack of maintenance are a dis- tinct fire hazard. The condemnation committee unam- mously recommend demolition. Yours very truly, C. I. KRAJEWSKI, NORMAN J. KORMANN, FRED W. SCHROEDER, Condemnation Committee. Councilman Van Duelman moved that the recommendation of the Con- demnation Committee be made a mat- ter of record and the City Solicitor to he instructed to prepare the proper resolutions. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton. Nays—None. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen:— The undersigned committee hereto- fore appointed by your Honorable Body to examine the building located upon Lots 2 and 4 of City Lot 555 (21- 23 Harrison Street) and owned by Mary F. Doyle and report to you our findings, beg leave to submit the fol- lowing report. We find that said building is in a dangerous and unsafe condition for the following reasons- Structural] easons: Structurally—depreciated over 7091o,fl°ors sagging, walls bulging and out of plumb, stairways dangerous. Sanitationthereare no sanitary provisions. Fire Hazard—frame construction and due to lack of maintenance is a distinct fire hazard. The condemnation committee unani- mously recommends demolition. Yours very truly, C. I. KRAJEWSKI, NORMAN J. KORMANN, FRED W. SCHROEDER, Condemnation Committee. Councilman Van Duelman moved that the recommendation of the Con- demnation Committee be made a mat- ter of record and the City Solicitor to be instructed to prepare the proper resolutions. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton. Nays—None. To the Honorable Mayor and City Council, Dubuque, IoNA*a. Gentlemen:— The undersigned committee hereto- fore appointed by your Honorable Bodv to examine the building located upon City Lot 238 (10-20 West 5th Street) and owned by P. J. and Minnie Norton and report to you our findings, beg leave to submit the following re- port. We find that said building is in a dangerous and unsafe condition for the following reasons: Structurally—depreciated over 70010, sills rotten, stairways and porches dangerous, walls bulging and out of plumb, entire structure in a very di- lapidated condition. Sanitation—although several families occupy the building there is only one toilet and one water connection. Fire Hazard—due to the run clown condition of this structure it is a dan- gerous fire hazard. The condemnation committee unani- mously recommends demolition. Yours very truly, C. I. KRAJEWSKI, NORMAN J. KORMANN, FRED W. SCHROEDER, Condemnation Committee. Councilman Van Duelman moved that the recommendation of the Con- demnation Committee be made a mat- ter of record and the City Solicitor to be instructed to prepare the proper resolutions. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton. Nays—None. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentletnen:— The undersigned committee hereto- fore appointed by your Honorable Body to examine the building located Adjourned Regular Session, September 5th, 1939. 243 upon the East 33' 6" of City Lot 6.13 (362-364 West 9th Street) and owned Councilman Van Duelman moved that the recommendation of the Con- by j. E. Fairbanks Estate and report denotation Committee be made a mat- to you our findings, beg leave to sub- ter of record and the Citv Solicitor to mit the following report. We find that said building is in a be instructed to pre tare the l I proper resolutions. Seconded by Councilnt:ut dangerous and unsafe condition for the 'Thompson. Carried by the following following reasons: vote: Yeas—Mavor Murphy, Council- Structurally — basement wall and men Clark, Thompson, Van Duelntan, building walls bulging and out of \Vharton. Nays—None. plumb, porches dangerous, floors sag - ging, depreciated over 70%, roof in bad shape, siding rotting and deteri- 1,0 the Honorable ;\favor and City Council, Dubuque, Iowa. orated. Sanitation—the sanitation provisions Gentlemen:— comply with the minimum require The utndersi >m ned comittee hereto- fore appointed by flonorable ments but are very old. your Fire Hazard—run down frame con- Bodo to examine the building located struction and occupancy by four fami- a up �� Lot 14, Yates Sub. .636 West tes S . lies present a dangerous fire hazard. 17th Street) and Catherine The condemnation committee unani Smith and report to you our findings, Itce leave to submit the following re- Yours very truly, port: \\'e find that said building is in a C. I. KRA J EWSKI, dangerous and unsafe condition for the NORMAN J. KORMANN, following reasons: FRED W. SCHROEDER, Structurally—building has been va- Condemnation Committee. cant for a number of years, roof in had shape, floors sagging, exterior de- Councilman Van Duelntan unwed teriorated. that the recommendation of the Con- demnation Committee be made a mat- Prov'sions. Fire Hazard—frame construction ter of record and the City Solicitor to Nvith rundown condition plus vacancy be instructed to prepare the proper resolutions. Seconded by Councilman creates afire hazard. I'he unanimously recant Thompson. Carried by the following demolitioc 111ettds demolition. vote: Yeas—Mayor I\furthy, Council- > l Yours very truly, men Clark, Thompson, Van Duelman, C. 1. KRAJL0N'SK1, Wharton. Nays—None. NORMAN J. }<OR\I:\NN. To the Honorable Mayor and City FRED \\'. SCHROF,DI:I\'• Council, Dubuque, Iowa. Condemnation Conunittce. Gentlemen:— The undersigned committee hereto- Cotttuilman Van Duelntan II-Ved fore appointed by your Honorable that the recommendation of the Con- Bodv to examine the building located damnation Committee be made it ntat- upon Lot 284, East Dubuque No. 2 ter of record and the City Solicitor to Addition1445',-1453 Maple Street) ( he instructed to prcpate the prolicr Councilman and owned by Realty Inv. Corp. and report to findings, beg leave resolutions• Seconded i,y Carried by the following you our to submit the following report. I'hon,pson, vote: Peas—\layor \lurphv, Couneil- 'I'houlf„c„ Van Duelntan, We find that said building is in a men Clark, dangerous and unsafe condition for the \\•hartou. N:., -No nc. following reasons: Structurally—building has been t I'n the ifouoralalc :Mayor rate) ('itcI'-occupied for years, w•indotvs out, in- Council, Dubuque, Iowa. terior stripped, roof had, depreciated over 70%• (;cnticmett. '1'hc committee beret Sanitation—there are no sanitary undersigned fore appointed by vour Hon rabl located provisions. Fire Hazard—used h} transients and 13o<tc to cxantine the building S�,ntlt „nc hall of Lot 1't. G,r presents one of the most fire hazards. upon tht ” o `t i •tl f;;� \Vest 7th St. rear) Co. being frame construction and situated d wtxd h. \nchor investment in a densely populated arca. �tllwv and rcp� art to Cott our findi'tg,or�t following ref The condemnation conitnittee unani- ntously recommends demolition. leavt t" submit the that said building is in :t Yours very truly• \\ c find d;ut er„tt� and unr;,fe condition for the C. I. KRAJ};\\'SK 1, foli( r a c t i c a l l y NORMAN J. KORMANN•, p Stru,dur;'11Y r,nttng, buildilIv ha, flo FRED W. SCHROF.DF'R. stril f leen vacant j��r Condemnation Committee. 244 Adjourned Regular Session, September 5th, 1939. Sanitation—there are no sanitary provisions. Fire Hazard—due to building being open it is used by transients and pre- sents a bad fire hazard. There have been many complaints concerning dan- ger to children. The condemnation committee unani- inously recommends demolition. Yours very truly, C. I. KRAJEWSKI, NORMAN J. KORMANN, FRED W. SCHROEDER, Condemnation Committee. Councilman Van Duelman moved that the recommendation of the Con- demnation Committee be made a mat- teer of record and the City Solicitor to be instructed to prepare the proper resolutions. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Council- men Clark, Thompson ,Van Duelman, Wharton. Nays—None. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen:— The entlemen:The undersigned committee hereto- fore appointed by your Honorable Body to examine the buildings located upon Lot 1 of Mineral Lot 145 (39 South Grandview Ave.) and owned by Patrick O'Shea and report to you our findings, beg leave to submit the fol- lowing report. We find that said buildings are in a dangerous and unsafe condition for the following reasons: The buildings inspected consist of a barn and three (3) sheds. Structurally—all frame construction, barn walls bulging, balance of sheds are old, poorly constructed and badly deteriorated. Sanitation—being used for the hous- ing of horses ,as well as storage of grain and hay; the barn has created numerous complaints from the neigh- borhood. Sheds are worse as a breed- ing place for rats. Fire Hazard—these sheds and the barn are an extremely bad fire hazard. The committee unanimously recom- mends that the barn and all sheds be demolished and that the matter of fu- ture use of the premises be under the control and rules of the Health Depart- nnent. Yours very truly, C. I. KRAJEWSKI, NORMAN J. KORMANN, FRED W. SCHROEDER, Condemnation Committee. that they recommeman ndaDuelman on of the Con dennnation Committee be made a nnat- ter of record and the City Solicitor to be instructed to prepare the proper resolutions. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton. Nays—None. To the Honorable Mayor and Citv Council, Dubuque, Iowa. Gentlemen:— The undersigned committee hereto- fore appointed by your Honorable Bodv to examine the building located upon Lot 10, Central Addition (507 Robinson Street) and owned by Rich- ard Fuhrmann and/or John O'Brien and report to you our findings, beg leave to submit the following report. We find that said building is in a dangerous and unsafe condition for the following reasons: Structurally—building is badly de- teriorated, walls bulging and rotten, floors sagging, exterior walls and roof in very bad shape. Sanitation—there are no sanitary provisions. Fire Hazard—due to location and frame construction plus the condition of the building it is a bad fire hazard. The committee unanimously recom- mends demolition. Yours very truly, C. I. KRAJEWSKI, NORMAN J. KORMANN, FRED W. SCHROEDER, Condemnation Committee. Councilman Van Duelman moved that the recommendation of the Con- demnation Committee be made a mat- ter of record and the City Solicitor to be instructed to prepare the proper resolutions. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton. Nays—None. To the Honorable Mayor and Citv Council, Dubuque, Iowa. Gentlemen:— The undersigned committee hereto- fore appointed by your Honorable Body to examine the building located upon City Lot 348 (910 White Street) and owned by Dubuque Biscuit Co.) and report to you our findings, beg leave to submit the following report. We find that said building is in a dangerous and unsafe condition for the following reasons: Structurally—walls sound, building used for storage only, eaves are in need of repair, porch and stairway danger- ous, brick construction. Sanitation—storage only, no sanitary provision. Adjourned Regular Session, September 5th, 1939. 245 Fire Hazard—the wood cornice, 'I'o the Honorable Mayor and City porch and stairway constitute a fire Council, Dubuque, Iota. hazard.Ccnticntcn:-- The committee recommends that the 'f he undersigned committee hereto- porch, stairway and chimneys be re- iorC appointed by Your Honorable moved. That the roof and cornice 1)e 1306, to examine the' building located repaired. For storage only one en upon City hot 347 (938 White Street) trance and the balance of the openings and c,tetted he Dubuque Biscuit Co. and Ile closed properly. report to )•cit our findings. beg leave Yours very truly, to ,ubnlit the following report. C. I. KRAJE\\'SI:I, We find that said building i, in a NORMAN J. KOR\IANN, dangerous and unsafe condition for the FRLD \V. SCHROEDER, following reasons: Condemnation Conutnittee. Structurally--Malls sound, buildinfi used for storage only, Cates are in ncc,l of rep;cir, porches and stairway, dan- Councilnlan Van Duelman moved gcrous, brick construction. that the recommendation of the Cot- ",aniti.tion—there are nn sanitary demnation Committee be n1Solic Solicitor t to ,rovisions. ter of record and the City be instructed to prepare the proper Tire Flazard—the hood Cornice, hes re resolutions. Carded tbyt,theofolloting ltal•�ud and are trdangerous ways ttottPersoe a ns Thomp vote: Yeas—Mayor \Itlrphy, Council �•;:cll:iu on the sidewalks or near t tr men Clark, Thompson, Van Duelman, building. Wharton. Nays—Note• fronts csecondt floorCc porchlullien�l tile. rs thateal or and City porches, stairways, and the cornices be To the Honorable Nlay' removed. That the openings he prop- Council, Dubuque, Iowa. erly closed. For storage purposes only Gentlemen:ee one entrance is necessary. The undersigned cotourttHonoraole Yours very trul>, fore appointed by Y Body to examine the building located A OI.hR`_ J� \ h(�R \1.\ upon City Lot 348 Dubuque White cuitreCo. FRF;D \V'. tiCHRO1;DI(R, and owned by and report to you our findineiorteg Condemnation Committee. leave to submit the following t We find that said building is in a Councilman Van Duehnatt moved dangerous and unsafe condition for the that the recommendation of lite Con- following reasons: that tltion Committee he made ;I tnat- trr of record and the Citc Solicitor t„ Structurally—frame used et storage tc tt.c, tits {,r l,cr only, roof and side walls deteriorated, ad resolutions. Seconded by Counrilm:ut W broken, stairways he instructed to 1 'I shape, depreciated over 7d`�C sanitary (,,nncil two Chat»{,son. Carried hY the iollownt) Sanitation—there are lute \l;iyol \Ivry Yeas- - men Clark. I homl son• \ ;ut I>ocltnan, Provisions. Fire Hazard—building located it' one \\•hartott• Nac> \one. of the most densely populated district, and near large industries. Bering it resents a 1•o lite Honorable \lay„t. and City for storage only and not maintained Council, Duburltn • lona. as a dwelling would be, P dangerous fire hazard. to- 'l'hc ,tioi rte I hit. vnurtittlfunnree ablc The committee unanimously recons- (;est Cmcn: mends demolition. truly fore ai 1 .located Yours very l;odv to examine the buildinfi C. I. KRAJLW SKI, ❑poo C-it>• hot .347 (rc;cr of 938 \V'hive NORMAN J. KORMANN, (Street) and O`,ortlt') y �t)out�cIle fioling,, reit Co. and ret rt,- FRED W• SCHROEDER, beg Condemnation Conntnittce. Port. It to submit the tollotttng \\ c find that said building Councilman Van Duelman mCoid danctrc u, and uns;ijc. condition for the that the recommendation of the mat reasons Solicitor to 'structurally_—framC building in a demnation Committee be made a iollowittg ter of record and the City proper sttinway re rare the 1 • wcr> Tutt-d,„c» C`,orlche,t auric rtor walls be instructed to P l I Councilman iu bad shape, 1 the following rlanI, -ons• depreciated over 70Sc • tnd resolutions. Seconded Y „ot used for dwell ing Thompson. Ma)'or \lurphY, Council S,initation— vote: Yeas— Tau Duelman. m ,:tttitar> prO`ist"n,. man Clark, Thompson, \ Wharton. Nays—None. �M 246 Adjourned Regular Session, September 5th, 1939. Fire Hazard—the building being frame, in a generally run-down condi- tion and located in one of the most densely populated districts and adja- cent to large industries constitutes a dangerous fire hazard. The committee unanimously recom- mends demolition. Yours very truly, C. I. KRAJEWSKI, NORMAN J. KORMANN, FRED W. SCHROEDER, Condemnation Committee. Councilman Van Duelman moved that the recommendation of the Con- demnation Committee be made a mat- ter of record and the City Solicitor to be instructed to prepare the proper resolutions. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton. Nays—None. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen:— The undersigned committee hereto- fore appointed by your Honorable Body to examine the building located upon City Lot 348 (143-147 East 9th Street) and owned by Dubuque Biscuit .o. and report to you our findings, beg leave to submit the following report. We find that said building is in a dangerous and unsafe condition for the following reasons: Structurally—frame two-story two- family dwelling used for storage pur- poses only, generally run-down and de- preciated more than 70%. Sanitation—used for storage only and no sanitary provisions. Fire Hazard—building being frame and not maintained as a dwelling, lo- cated in a densely populated district and adjacent to large industries, pre- sents a dangerous fire hazard. The committee unanimously recom- mends demolition. Yours very truly, C. I. KRAJEWSKI, NORMAN J. KORMANN, FRED W. SCHROEDER, Condemnation Committee. Councilman Van Duelman moved that the recommendation of the Con- demnation Committee be made a mat- ter of record and the Citv Solicitor to be instructed to prepare the proper resolutions. Seconded by Councilman Thompson. Carried by the following Vote: Yeas—Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton. Nays—None. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen:— The entlemen:The undersigned committee hereto- fore appointed by your Honorable Bodv to examine the building located upon Lot 22, Union Addition (961 Oak Street) and owned by Wm. J. Robinson (J. P. Hanten, mortgagee) and report to you our findings, beg leave to sub- mit the following report. We find that said building is in a dangerous and unsafe condition for the following reasons: Structurally—frame building, vacant for a long period of time, over 70O10 depreciated, stripped of doors and win- dows, and in a very run-down condi- tion. Sanitation—there are no sanitary provisions. Fire Hazard—in its present condi- tion presents a dangerous fire hazard and is used by transients. Many com- plaints from adjacent owners. The committee unanimously recom- mends demolition. Yours very truly, C. I. KRAJEWSKI, NORMAN J. KORMANN, FRED W. SCHROEDER, Condemnation Committee. Councilman Van Duelman moved that the recommendation of the Con- demnation Committee be made a mat- ter of record and the City Solicitor to be instructed to prepare the proper resolutions. Seconded b_v Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton. Nays—None. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen:— The undersigned committee hereto- fore appointed by your Honorable Body to examine the building located upon Lot 3 of Lot 9, Union Addition, and owned by S. Wiedner and C. J. Jungwirth and report to you our find- ings, beg leave to submit the following report. We find that said building is in a dangerous and unsafe condition for the following reasons: Structurally—frame building occu- pied by two families until vacated as dangerous to life. Entire building sag- ging, walls bulging ,and so run-down that there is an extreme danger of col- lapse. Sanitation—occupied by two large families but has only one toilet and one water connection, both located in the basement. Adjourned Rel Session, Fire Hazard—due to condition and occupancy there is an extreme clanger of fire. Note: Nater Department clisconnect- ed water since inspection. One family moved and the second has been given final notice on vacatine order. The committee unanimously recom- mends demolition. Yours very truly, C. I. KRAJrNVSKI, NORMAN J. KORMANN, FRED W. SCHROEDER, Condemnation Conurtittec. Councilman Van Duelman moved that the recommendation of the Con- demnation Committee be made a mat- ter of record and the City Solicitor to be instructed to prepare the proper resolutions. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor M m-phy, Comicil- men Clark, Thompson, Van Duelman, Wharton. Nays—Nous. Bills of C. I. Krajewski in the amount of $65.00: Fred W. Schroeder in the amount of $65.00; Norman J. Kormann in the amount of $65.00: for services rendered as members of Con- demnation Committee, presented and read. Councilman Clark moved that the bills of C. I Krajewski, Fred W. Schroeder and Norman J. Kormann in the amount of $65.00 each, he allmved, and the City Auditor to be instructed to draw warrants in the amount of $65.00 each in favor of C. I. Krajewski, Fred W. Schroeder and Norman J. Kormann for services rendered as members of Condemnation Committee. Seconded by Councilman Van Ducl- man. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. September 5, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen:— At the meeting of the City Council held August 30, 1939, the petition of Mrs. Alvina Hill was referred to the City Manager and City Treasurer for investigation and report. We have examined the records and find the assessment against hot 3 of Tschirgi and Schwind's Sub. to be as stated in the petition. We recommend that following the redemption of the tax sale certificate held by Dubuque County that the City Auditor be au- thorized to draw a warrant on the Spe- cial Bonded Fund in the amount of $34.64, payable to Mrs. Alvina Hill, representing the refund of all in- terest in excess of 55o' per annum 5th, 1939. 747 and all penalties included in the pay.. Items oracle to the COunt.- Treasurer. 1Vc further recommend that the peti tioner he Allo.. cd to redcettt tax .ale certilicate No. 1.31 held I)v the City 111)()" pon the payment of the face value f the certificate plus 9�� interest per ano- num, the balance of interest and pen- ;tltic: to he waived. Respectfully- submitted, A. ;V RHO\IBERG, City %lanagcr. 01"I'0 F. PL -1,S, City 'Crcasurer. COunCihman Van Duclman mooed that the recommendations of City ager Rhomberg and City 'I'reasurcr Puls be approved and that the City auditor be authorized to dray.- a war- rant on the Special Bonded Fund in the artuntnt of $34.64, as recommended, in favor of Mrs. Alvina Hill, represcnt- ing the refund of all interest in excel. Of 5C1; per annum and all pen: lti,• in eluded in the payments made t,, the County 'I'rcasurer oil the special a..e., mcnts levied against Lot 3 of 'I schil-gi and Schwind's Subdivision and al>o that the Citv Treasurer be instructed to allo.v Nlrs. Alvina Hill to redeem tax sale certificate No. 1,11 held I)v the City against f,ot 3 of '1'schir,gi and Seh%vind's Subdivision upon the pay- nx•nt of the face value of the certificate ilu< 5% interest per annum, the hal ance of interest and penalties to he I% -dived. Seconded h_y Couucilm:ui Clark. Carried by the follo.yin.L� yoti Yeas—Jfavor Murl-ohy, Councilnn,n Clark, 'f'hompson, Van 1)ttelncm. Wharton. Nays—Nene. September 5, 1939. '1'o the Honorable Mayor and Cit. Council, Dubuque, Iowa. Gentlemen:— At the session of the City Council held August 30, 1939, the petition of Susan Grschens requesting permission to redeem tax sale certificate No. 128 held by the City Against Lot 2 of the Still. of bots 7 and 8 of S. %I. f,ang- worthyV'S Still. upon payment of the face of the certificate plus 517, straight interest from the date of sale to the date of redemption was referred to the Manager and Treasurer for investiga tion and report. We find the account as stated in the petition and recommend that the peti- tion be granted. Respectfully submitted. 1. A. RHOMBF,RG, City 1f anager. O'1'T0 F. PULS, City Treasurer. 248 Adjourned Regular Session, September 5th; 1939. Councilman Van Duelman moved that the recommendation of City Man- ager Rhomberg and City Treasurer Puls be approved and that the City Treasurer be instructed to allow Su- san Erschens to redeem tax sale cer- tificate No. 128 held by the City against Lot 2 of the Sub. of Lots 7 and 8 of S. M. Langworthy's Sub. upon payment of the face of the certificate plus 5% straight interest from the date of sale to the date of redemption. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays— None. September 5, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen:— At the session of the City Council held August 30, 1939, the petition of Mrs. Bertha Lange requesting a re- fund in the amount of $10.01 for pen- alties paid on delinquent special as- sessments levied against Lot 5 of Jen- sen's Sub. No. 3 for the improvement of Roosevelt Street was referred to the Manager and Treasurer for investiga- tion and report. We find the conditions to be as set out in the petition and recommend that the petition be granted and a warrant of $10.01 ordered drawn on the Special Bonded Fund in favor of Mrs. Bertha Lange. Respectfully submitted, A. A. RHOMBERG, City Manager. OTTO F. PULS, City Treasurer Councilman Van Duelman moved that the recommendation of City Man- ager Rhomberg and City Treasurer Puls be approved and the City Auditor to be instructed to draw a warrant in the amount of $10.01 on the Special Bonded Fund in favor of Mrs. Bertha Lange to cover the amount of refund granted for penalties paid on delin- quent special assessments levied i minst Lot 5 of Jansen's Sub. No. 3 for the improvement of Roosevelt Street. Seconded by Councilman Clark. Carried by the following votr ^as—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. September 5, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen:— At the session of the City Council held August 7, 1939, the petition of Margaret Nagle, Executrix of the Es - tate of J. J. Nagle, requesting that the City Treasurer be authorized to make refunds of penalties and interest on special assessments on a list of prop- erty, was referred to the Manager and Treasurer for investigation and report. We have searched the records and tabulated the information on the vari- ous properties on the attached sheet. We recommend that following the re- demption of tax sale certificates held by Dubuque County and after the pay- ments of the delinquent special assess- ments that the City Auditor be author- ized to draw a warrant on the Special Bonded Fund in the amount of $469.25, representing a refund of all interest in excess of 5ofo per annum and all pen- alties included in the payments made to the County Treasurer. We further recommend that the petitioner be given the right to redeem any certificates held by the City against any of the at- tached listed property upon the pav- ment of the face value of the certificate plus 5% straight interest from the date of the sale to the date of redemption. Respectfully submitted, A. A. RHOMBERG, City Manager. OTTO F. PULS, City Treasurer. Councilman Van Duelman moved that the recommendations of City Man- ager Rhomberg and City Treasurer Puls be approved and that the City Auditor be authorized to draw a war- rant on the Special Bonded Fund in the amount of $469.25, as recommended, in favor of Margaret Nagle, Executrix of the Estate of J. J. Nagle, represent- ing a refund of all interest in excess of 5% per annum and all penalties in- cluded in the payments made to the County Treasurer on the special assess- ments as shown on the attached list and also that the City Treasurer be in- structed to allow Margaret Nagle, Ex- ecutrix of the Estate of J. J. Nagle, to redeem any certificates held by the City against an, of the attached listed property upon the payment of the face value of the certificate plus 51yo straight interest from the date of the sale to the date of redemption. Seconded by Councilman Clark. Carried by the fol- lowing vote: Yeas—Mavor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. September 5, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen:— Pursuant to your instructions sealed bids were received until 11:00 o'clock A. M. September 5, 1939, for the col- lections and disposal of garbage, de- Adjourned Regular Session, September 5th, 1939. 249 cayed matter, and (lead animals in the City of Dubuque on all annual basis for a five-year period. Attached are the three bids received. No irregu- larities nor informalities were noted in any of the bids. A summary of the bids is as follows: James F. McGloughli»—$15,490.00 per year. The Collections Company—$16,728.00 per year. E. E. Frith Company—$19,000.00 per year. I, therefore, recommend that the bid of James F. McGloughlin be accepted and the contract awarded him for a five-year period from and after Septem- ber 16, 1939, his being the lowest hid received. Respectfully submitted, A. A. RHOMBERG, City Manager Councilman Clark moved that the communication of City Manager Rhomberg together with the bids re- ceived for the collection and disposal of garbage, decayed matter, and dead animals within the City of Dubuque be referred to the City Council. Sec- onded by Councilman Wharton. Car- ried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. September 5, 1939. Honorable Mayor and City Council, Dubuque, Iowa. Re: Applications for Tax Suspensions Gentlemen :— I herewith return to you applications for suspensions of taxes for the year 1938, referred to me for investigation and report, together with reports of my investigation in each individual case, the applications having been filed by the following named persons: John J. and H. L. Lundbeck, 525 West Locust Street. Mrs. Mary Kliukhammmer, 295 South- ern Avenue. Mrs. Martha Wilson, 675 Jefferson Street. Mrs. Margaret Hogan, 855 \Vhitc Street. Louis Kuehnle, 1319 Rhomberg Ave nue. Lillian L. Hargus, 1449 Bluff Str rtl Mrs. Emma Rummel, 600 Grandview Ave. Peter Haupert, 809 Seminary Street. Mary Bertsch, 2510 Stafford AvC'll" Mrs. Anna Fatka Boescn, 501 Ea` 15th Street. \Irs. Louise Kirk, 880 Rose Street. \Irs. Louisa Scharff, 2951 Balke Street. \lrs. :\nna KOH, 412 \\'est Four- tceuth Street. Respectfully submitted, AL. J. NELSON, City Solicitor. Councilman Van Duelman moved that the communication of Cit1Solici- tor Nelson be received and made a matter of record. Seconded h, Coun- cilman Clark. Carried by the follonc- ing vote: Yeas—Mayor \lurplly' Coun- cilmen Clark, Thompson, \'an Duel - man, \\'harton. Nays—None. The follotting dcci ion; of the Cit\ Council relative to various Council I.Iti- tions requesting suspension of tax(, presented for approval: 1'ctitioll of \Irs. :\nna Kolf requesting ,u;pen,ton of t1u 1938 taxes on Lot 1 of :A. I.. Broten's Subdivision, rcqur,t grunted: Louisa Schartl requesting su,pen;ton of the 1938 taxes on Lots 31 and 35 of Belmont ;Addition, rcquc,t granted: Louise Kirk requesting ran suy esioof the 1938 taxes oilLott (-of tf\lin. of of \Iin. Lot 87 and t Lot 88, request granted: AIr,. .Ann�i Iatka Boesen requesting suspen>i" c'il t� t 1938 talc; on Lots 255 ,iu,l Uubugtt; :Addition, reque>t grant' d: of 'Mary Bertsch requesting �1��l i0ttamth .il the 19,38 taxes on Lot, _ of A. Stine's Addition, rcqucst granted: peter Haupert requesting ,nspcn,iun of the 1938 taxes oil, Lot; 3, -I and Buscman .� h:berls Suhdici.ion, rc quest granted; Lillian I,. llargu; re questing suytension of the 1938 taxes oil 667.1 rcqucst granted; Louis Kuehnle requesting suspension of the 1Ad itt;kio, on Lot 60 of NICCranc'' 1st Addition, requU>t granted: \Irs. \I;ugaret I',. Hogan requesting suspension of the 1938 taxes on North orae half of City Lot 326, request granted: AIrs. Alartha \Wilson regttesting suspension of the 1938 taxes on Lot 7 of Subditi,urrn of Cite Lot 730 and Lot 1 of jTnion Addi- tion, rcqucst granted: hlinkhammer requesting the the 1938 taxes on Sul) Lot 32, oho Ural Lot 39, rcu c�c>t gr:uttcd: ) J. and I-1. L. Lttndl,crl: rc�lucstin ,us pcnsic,in of thU 1938 taxcstcitntcd:t C�cth� .\ddition• rec1uest gr ,u` ,erasion (rine I,undbcUk rcquU;ttn92 2I\\ nod Of the 1938 taxes cttt thc�ue tgrantcd: lawn Park-Vidition, I suy- \lrs, l;nrma RummU1 rcctuc ting pen -ton of the 1938 tax, ofit3loft Mint. 2 c,f Alin. Lot 46, 1 ,t _ Lot 17 and Soutlt 10 teen of Lot 13 of Gr;tttdctctt \venue :\ddition, rcqucst t dellie� - Cool 11 ofttttile (,it . (III 250 Adjourned Regular Session, September 5th, 1939. the various tax petitions be approved and that the Board of Supervisors be notified of the action of the City Coun- cil. Seconded by Councilman Van Duelman, Carried by the following vote: Yeas—Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 150-39 Whereas, Applications for Class "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 ap- plications be and the same are hereby approved and it is ordered that the premises to be occupied by such appli- cants shall be forthwith inspected. Class "B" Permit Name. Address. Dubuque Lodge, No. 355, Loyal Or- der of Moose, 1379 Central Avenue; John A. Armstrong and Harriett Arm- strong, 398 Main Street; Mrs. Viola Grode, 1643 Central Avenue; John A. Hochberger and William Hochberger, 1701 Asbury Street; Frank Spielman and Geraldine Spielman, 1464 Central Avenue; Gust Billis, 605 Main Street; George Nardin, 1105 Julien Avenue; Patrick R. Kennedy and Minnie Ken- nedy, 2412 Central Avenue; Alois O. Weitz and Nellie M. Weitz, 201 East 22nd Street. Passed, adopted and approved this 5th day of September, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Second- ed by Councilman Clark. Carried by the following vote: Yeas—Mayor Mur- phy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 151-39 Whereas, Heretofore applications were filed by the within named appli- cants for Class "B" Beer Permits and they received the approval of this Council; and Whereas, The premises to be occu- pied by them have been inspected 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 following named persons a Beer Permit. Class "B" Permit Name Address Dubuque bodge No. 355, Loyal Or- der of Moose, 1379 Central Avenue; John A. Armstrong and Harriett Arm- strong, 398 Main Street; Mrs. Viola Grode, 1643 Central Avenue; Joh„ A. Hochberger and William Hochberger, 1701 Asbury Street; Frank Spielman and Geraldine Spielman, 1464 Central Avenue; Gust Billis, 605 Main Street; George Nardin, 1105 Julien Avenue; Patrick R. Kennedy and Minnie Ken- nedy, 2412 Central Avenue; Alois O. Weitz and Nellie M. Weitz, 201 hast 22nd Street. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 5th day of September, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. . Councilman Van Duelman moved the adoption of the resolution. Second- ed by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Application of Tenenbom Super - Market, Inc., for renewal of Class "C" Beer Permit presented for approval. 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 following vote: Yeas—Mayor Murphy, Councilmen Clark, Thomp- son, Van Duelnau, Wharton. Nays— None. Attorney John J. Nelson ad- dressed the Council relative to the ap- plication of Tenenbom Super -Market, Inc., for renewal of Class "C" Beer Permit and requesting the City Council to approve said application or in the event that the Council does not desire to issue said permit that the Council defer action until their next meeting. Councilman Wharton moved that the application of Tenenbom Super -Mar- ket, Inc., for renewal of Class "C" beer Permit be referred to the City Coun- cil. Seconded by Councilman Clark. Adjourned Regular Session, September 5th, 1939. 251 Carried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Application of William R. Ebner for a new Class "C" beer permit to be lo- cated at 1120 Julien Avenue, presented for approval. Councilman Wharton moved that the application of William R. Ebner for a new Class "C" beer per- mit to be located at 1120 Julien Avenue be referred to the City Council. Sec- onded by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, 'Thompson, Van Duelman. Wharton. Nays—None. There being no further business Councilman Clark moved to adjourn. Seconded by Councilman Thompson. Carried by the Councilmen Clark, Yeas— Mayor Murphyy,, Thompson, Van Duelman, Wharton. Nays—None. SHEA. J. J. City Clerk. Approved IwIt+_ - 939. 41 Adopted 4 !'1t �- 1939. Councilmen: i _ Attest: - City Clerk. Special Scssion, September 5th, 1939. Board of Health (Official.) Special Session, September 5th, 1939. Board met at 9:00 P. 1N1. Present—Chairman Geo. R. Murphy, Messrs. Carl A. Clark, F. W. Thomp- son, Frank Van Duelman, Albert Wharton. August 17, 1939. Board of Health, Dubuque, Iowa. Gentlemen:— In reply to communication received from J. J. Shea, Clerk of the Board of Health, requesting the Health Director and the Sanitary Inspector to make a report to your Honorable Body pertain- ing to a complaint of Mrs. Theo. Kale, 569 Southern Avenue, in regard to the premises of Leo Houpes at 567 South- ern Avenue. This is to advise that this inspection was made by the Sanitary Officer and he finds an outside toilet is on the Houpes premises about 30 feet from the Kale residence and that the Houpes property is not connected with water and sewer. As you recall this matter pertaining to sewer and water connections on Southern Avenue was taken up at a previous Council meeting. It is our understanding that Manager Rhomberg was to endeavor to secure a W. P. A. project for these sewer and water con- nections on Southern Avenue. Yours truly, ALBERT J. ENTRINGER, Director of Health. JOSEPH T. SCHARRY, Sanitary Inspector. Mr. F. W. Thompson moved that the communication of Director of Health Entringer and Sanitary Officer Scharry be received and made a matter of rec- ord. Seconded by Mr. Carl A. Clark. Carried by the following vote: Yeas— Chairman Geo. R. Murphy, Messrs. Carl A. Clark, F. W Thompson, Frank Van Duelman, Albert Wharton. Nays —None. September 5, 1939. To the Board of Health, Dubuque, Iowa. Gentlemen At the session of the Board of Health held June 30, 1939, the communication of Director of Health Entringer and Sanitary Officer Scharry advising that approximateely 25 homes on Southern Avenue are not connected with the sewer, where sewer and water are available, was referred to the City Man- ager and Water Superintendent to work out some solution to the matter. We have investigated the situation and caused a survey and estimate to be made of the cost of materials for making sewer and water connections. A copy of the survey and estimate to- gether with a plat is attached. We recommend that an application for a project be made to the W. P. A. to carry out this necessary work. Respectfully submitted, A. A. RHOMBERG, City Manager. J. J. HAIL, Supt. of Water Dept. Mr. Albert Wharton moved that the recommendation of City Manager Rhomberg and Supt. of Water Hail be approved. SeconcTed by Mr. Frank Van Duelman. Carried by the follow- ing vote: Yeas—Chairman Geo. R. Murphy, Messrs. Carl A. Clark, F. W. Thompson, Frank Van Duelman, Al- bert Wharton. Nays—None. There being no further business Mr. Frank Van Duelman moved that the Board of Health adjourn. Seconded by Mr. F. W. Thompson. Carried by the following vote: Yeas—Chairman Geo. R. Murphy, Messrs. Carl A. Clark, F. W. Thompson, Frank Van Duel - man, Albert Wharton. Nays—None. J. J. SHEA, Clerk, Board of Health. Approved/&n>_4"_1J _hL�_ 1939. Adopted�___O��!__ 1939. Members --- 77 ------ ealt Attest: ---j_�Hialth. ----- Cle f and o a4,t Special Session, September 8th, 1939, 253 City Council (Official.) Special Session, September 8th, 1939. Council met at 6:00 P. M. Present—Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton, City Manager Rhomberg. Meeting called by order of Councilmen Clark and Thompson. Mayor Murphy read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of considering bids submitted for the collection and disposal of garbage, decaved matter, and dead animals in the Cite of Du- buque, and acting on any other busi- ness as may properly come before a regular meeting of the City Council. Council Proceedings for the month of July, 1939, presented for approval. Councilman Clark moved that the Council Proceedings for the month of July, 1939, be approved as printed. Sec- onded by Councilman Thompson. Car- ried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelnlan, NVharton. Nays—None. Ordinance No. 30-39. An Ordinance granting to J. F. Stampfer Company, its successors or assigns the right to construct and maintain a truss extend- ing frons the building upon City Lot 29 in the town, (now City) of Dubuque, Iowa, and across the alley adjacent thereto to the building upon the lot on the East side of said alley, and oppo- site thereto; and prescribing the con- ditions of such permit, said ordinance having been passed upon first and sec- ond readings oil August 30th, 1939, presented and read a third tinle. ORDINANCE NO. 30-39 An Ordinance granting to J. F. Stampfer Company, its successors or assigns the right to construct and maintain a truss extending from the building upon City Lot 29 in the town. (now city) of Dubuque, Iowa, and across the alley adjacent thereto to the building upon the lot on the Fast side of said alley, and opposite thereto: and prescribing the conditions of such per- illit: Be It Ordained by the City Council of the City of Dubuque: Paragraph 827, Section 1. That, J. F. Stampfer Company, its successors or assigns, be, and they are hereeby granted the right and autlirrrity to construct and maintain a truss ex- tending frmll the building upon Cith- "ot 29 in the town (now City) of Dti- buque, Ioiva, and across the alley ad- jacent thereto, to the building upon the lot on the i'ast side of said alley and Opposite thereto, such truss to be con- structed of steel and iron and to be at least 2 feet 6 inches in height, and at least 10 inches in width, and the full width of said alley and the hill disruxc between said builditigs approxint,ttcl 30 feet in length, and at least 35 f( -(.t b inches above the surface of said asset and securely attached to the huildin} s Oil either side of said alley, the same to he used for file purpose of carrying electric light tyires and power wires of the Interstate Power Contpany across said alley; said truss to be built and erected tinder the super6sion of the building commissioner of the Citv of Duhuquc, Iowa. Paragraph 828, Section 2 Said J. F. Stampfer Contpany, its successors or 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 hereof, to fully protect and save the City of Dubuque harmless as to any claims, damages or liabilities of any kind which nlay arise bccausc of the construction and maintenance of said truss, and any and all claims. damages or liabilities that ntav arise nr Ile incurred by reason of the grantinv of the privileges herein made, and in any suit which may arise or be i -ii tuted because of said tress, or the con- struction or maintenance thereof, said J. F. Stampfer Company, its suc•ccssnrI or assigns, shall, at the direction of the Citv of Dubuque, make all uece-ar\ defense to said suit and fully indcmnik said City of Dubuque for ally expenses (1r liabilities to which said city stay be subjected because of said suit. Paragraph 829, Section 3 It is understood and provided that such right, license and permission here- in ,granted to erect and maintain said truss is subject to the paynient and as- sumption by the said J. 1�- Stampfer Conti)anv of the cost of publication (11 this ordinance, and subject to the con- tinnous anttrol of the City Council of the City of Dubuque, said City Council resc•t•t•ittg the right to impose restric- tion; or conditions 111)(111 the cnjuyntcnt thercncf, as may be rrasonnlily tntblir sar}' for the pt'otec•ti„tt of the I interests. including file right to re cake and rescind such pet mi,=inn, if at any time the public interest should require I If. and when such stsuch permit, e Cit>' C right and licnse i. revoked by ouncil• the said 1. 1'. Stamp �airl icr Contpany, its successors or a,si ns, 254 ial Session, September 8th, 1939. shall remove such truss at its or their own expense and restore such part of said alley as has been occupied thereby to the condition it was in prior to the construction of said truss. Paragraph 830, Section 4 This ordinance shall be in force and effect ten (10) days from and afterits final passage, adoption and approval by the ('ity Council and publication as provided by law, and the rights here- under shall accrue to said J. F. Stamp- fer Company, its successors or assigns when the provisions hereof shall have been accepted. Passed upon first and second read- ings this 30th of August, 1939. Passed, adopted and approved upon final reading this 8th day of September, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK. F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Acceptance of Ordinance The J. F. Stampfer Company does hereby accept the terms, provisions and conditions of the ordinance adopt- ed by the City Council of the City of Dubuque, designated as: "Ordinance No. 30-39. An ordinance granting to J. F. Stampfer Company, its successors or assigns the right to construct and maintain a truss extending from the building upon City Lot 29 in the town, (now City), of Dubuque, Iowa, and across the alley adjacent thereto to the building upon the lot on the East side of said alley, and opposite thereto, dnd prescribing the conditions existing thereto," this 11th day of September, 1939. J. F. STAMPFER COMPANY. -• By— T. M. STAMPFER, 4" President. By—EMILY P. STAMPFER, Secretary. Published officially in the Telegraph - Herald newspaper on the 14th day of September, 1939. 9-14-1t J. J• SHEA, City Clerk. Councilman Van Duelman moved the adoption of the ordinance. Sec- onded by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Vain Duelman, Wharton. Nays—None. Petition of Senior High School, re- questing permission to stretch a ban- ner across Main Street between the Federal Bank Building and the build- ing of the Fitzpatrick Sporting Goods Company, the permission to extend from September. 8th through Novem- ber 10th, 1939, presented and read. Councilman Van Duelman moved that the request be granted. Seconded by Councilman Clark. Carried by the fol- lowing vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Proof of publication, certified to by the publishers, of a statement of re- ceipts and also a list of claims for which warrants were drawn daring the month of July, 1939, presented and read. Councilman Van Duelman moved that the proof of publication be re- ceived and filed. Seconded by Council- man Wharton. Carried by the follow- ing vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 152-39 Whereas, Application for Class "B" Beer Permit has been submitted to this Council for approval and the same has been examined; Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the following application be and the same is hereby approved and it is ordered that the premises to be occupied by such appli- cant shall be forthwith inspected. Class "B" Permit Name Address George Hail (Transfer of address from 1766 Central Ave.), 332 Eighth Avenue. Passed, adopted and approved this 8th day of September, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL, A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Second- ed by Councilman Clark. Carried by the following vote: Yeas—Mayor Mur- phy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays— None. Resolution No. 153-39 Whereas, Heretofore application was filed by the within named applicant for Class `B" Beer Permit and has re- ceived the approval of this Council; and Whereas, The premises to be occu- pied by him have been inspected and found to comply with the ordinances of this Citv and he has 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 following named person it Beer Permit. Special Session, September 8th, 1939. 1 255 Class "B" Permit Name Address George Hail (Transfer of address from 1766 Central Ave.), 332 Eighth Avenue. Be It Further Resolved that the bond filed by such applicant be and the same is hereby approved. Passed, adopted and approved this 8th day of September, 1939. GAO. R. MURPHY, Mayor. FRANK VAN ALBERT WHARTON, CARL A. CLARK. F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, Citv Clerk. Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None, Councilman Thompson moved that the contract for the collection and dis- posal of garbage, decayed matter, and dead animals beawarded to the low bidder, James F. \1cGloughlin. Sec- onded by Councilman Van Duelman. Carried by the following vote: Yeas— Mayor Murphy, Councilmen Thomp- son and Van Duelman. Nays—Coun- cilmen Clark and Wharton. Resolution No. 154-39 Resolution Awarding Contract for the Collection and Disposal of Garbage, Decayed Matter and Dead Animals. Be It Resolved by the City Council of the City of Dubuque, Iowa, that a contract be awarded to James F. Mc- Gloughlin for the collection and dis- posal of garbage, decayed matter, and dead animals in said City, said contract to cover a period of five (5 ) years from the sixteenth (16th) day, of September, 1939, at an annual cost to said Cit`' of $15,490.00 per year. Be It Further Resolved that the City Manager and Clerk be and they are hereby directed to execute said con tract on behalf of the City, of Dubuque, Iowa, said contract to be in accordance with the proposal executed and sub- mitted by the contractor and the pub- lished notice to Bidders, as authorized by the City Council, August 7th, 1939, all of which are hereby made a t art hereof, by reference thereto, a form of contract to be approved by this Council before the same is finally executed. Approved and placed on file for one week for public inspection this 8th day of September, 1939. Councilman Thompson moved that the resolution be approved and placed on file for one week for public inspec- tion. Seconded by. Councilman Van Duelman. Carried by the follouving vote: Yeas—Mayor Murphy, Council - "nen Thompson and Van Duelman. Nays—Councilmen Clark and Wharton. Contract for the collection and dis- posal of garbage, decayed matter and (lead auinnals by and between the City of Dubuque, a municipal corporation, of lova, as party of the first part, and lames F. McGloughlin of Dubuque, fouva, party of the second part, prc- scntcd and read. Courncilman "fh�nnp- sun moved that the contract be ap- proved and placed on file for one week i;;r public inspection. Seconded by Councilman \'an Duelnnan. Carried be the following vote: Yeas—Mayor \lur- phy, Councilmen Thompson and Van Duelman, bays—Councilmen Clark and Wharton. "I'here being no further business Councilman Clark moved to adjourn. :ieconded by Councilman Van Mick man. Carried by the follouving vote: Peas—\favor Murphy, Councilmen Clark, Thompson, Van Duelman, \Vharton. Nays—None. J. J. SFILA. City Clerk. Approved "__ '0___1139 Adopted �..9 ( ��, ffa c�1 i Councilnl Attest: - City Clerk... V� 256 Special Session, September 15th, 1939. City -Council (Official.) Special Session, September 15th, 1939. Council met at 7:50 P. M. Present—Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton, City Manager Rhomberg. Meeting called by order of Councilmen Clark and 'Thompson. Mayor Murphy read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of considering for final adoption Resolution No. 154- 39, a resolution awarding contract for the collection and disposal of garbage, decayed matter and dead animals to James F. McGloughlin, said resolution having been approved and ordered placed on file for public inspection on September 8th, 1939, and acting on any other business as may properly come before a regular meeting of the City Council. Councilman Clark moved that the rules be suspended for the purpose of allowing any one present in the Cotul- cil Chamber, who wishes to do so, to address the Council. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mavor Murphy, Councilmen Clark, Thompson, Van Dnelman, Wharton. Nays—None. Dr. C. W. Stewart of State Department of Agriculture, Des Moines, Iowa, ad- dressed the Council relative to the awarding of the contract for the col- lection and disposal of dead animals and advising Council that in order for persons or firms to pick up and dispose of (lead animals in the State of Iowa that they must be registered and li- censed by the Secretary of Agriculture and must be equipped with a rendering plant and under State inspection. Dr. Stewart advised Council that he would recommend to his department that no action be taken until City Solicitor Nelson could obtain an opinion from the Attorney General as to whether a State license was required and a render- ing plant to he provided in the case of a contractor tvh„ intends to burr- dead animals and not process the same. Resolution No. 154-39 Resolution Awarding Contract for the Collection and Disposal of Garbage, Decayed Matter and Dead Animals. Be It Resolved by the City Council of the City of Dubuque, Iowa, that a contract be awarded to James F. Mc- Gloughlin for the collection and dis- posal of garbage, decayed matter, and (lead animals in said City, said contract to cover a period of five (5) years from the sixteenth (16th) day of September, 1939, at an annual cost to said City of $15,490.00 per year. Be It Further Resolved that the Citv Manager and Clerk be and they arc hereby directed to execute said con- tract on behalf of the City of Dubuque, Iowa, said contract to be in accordance with the proposal executed and sub- mitted by the contractor and the pub- lished notice to Bidders, as authorized by the City Council, August 7th, 1039, all of which are hereby made a part hereof, by reference thereto, a form of contract to be approved by this Council before the same is finally executed. Approved and placed on file for one week for public inspection this 8th da_v of September, 1939. Passed, adopted and approved thins 15th day of September, 1939. t;1 0. R. MURPHY, lfavor. FRANK VAN DUELMAN, F. AV. THOMPSON, Councilnu•n. Attest: J. J. SHEA, City Clerk. Councilman 'Thompson moved the adoption of the resolution. Seconded by Councilman Van Duehuan. Carried by the following vote: Yeas—Mavor Murphy, Councilmen Thompson and Van Duelman. Nays—Councilmen Clark and Wharton. Garbage Contract Know All Men By These Presents: That articles of agreement are liereb' entered into by and between the Cite of Dubuque, a municipal corporation, of Iowa, as party of the first part, and James F. McGloughlin of Dubuque, Iowa, party of the second part, with and under the following terms and con- ditions, to -wit: 1. In consideration of the matters and things and works to be done and Performed by said party of the second part, the party' of the first hereby agrees to pay said party of the second part the sum of $15,490.00 per year for a period of five years from the 16th day of September, 1939, payments each year to .be made in twenty-four install- ments computed at the middle and end of each month. 2. The party of second part, in con- sideration of the payments to be made as herein stated, agrees to collect all garbage, dead animals and decayed matter within the entire limits of the City of Dubuque as now existing, and dispose of the same in a proper man- ner ,and, in order that the periods of collections and the number of times collections are to be made may be un- derstood, the said City is divided into two districts within which collections are to he made as follows: :,t.Jccial Session, September 15th, 1939. 257 i DISTRICT NO. 1. This district in- cludes all the territory circumscribed by West 17th Street on the North, Jones Street on the South, Bluff Street on the West, and Central Avenue on the cast, both sides of these streets in- cluded. In this district, collections ,,hall he made three times a ,geek front June 1st to November 1st and twice a week at other times. DISTRICT NO. 2. This district embraces all parts of the City within its present !inlits which are not included within District No. 1. Collections shall be made in District No. 2 twice a week from \I;n' 1st to November 1st and once a v,-eck•at other tulles. 3. Throughout the entire city, dead animals shall be removed daily, Sun- days and holidays included. -l. The second part}, shall Ilse ;u, adequate number of vehicles for the collection of garbage, which vehicles shall he so constructed as to be non- leakable and so loaded as not to per- mit the scattering; of garbage or refuse upon the streets, sidewalks, or alleys. and lvhen loaded the contents thereof shall be securely covered. 5. To insure the faithful perform- ance of the contract during; the Coll - tract period, the Darty of the second part shall furnish the party of the first part with a surety bond in the penal sum of $5,000, which bond shall be so conditioned as to protect the said first party against all danlaves which it nlay sustain by reason of the breach of ane of the terms or conditions of this colt - tract. 6. The proposal submitted by the party of the second part and the surety bond furnished by it are hereby made a part of this contract just as much as if the provisions thereof were set out fully herein. This contract has been executed by the City of Dubuque by its City Man- ager and Clerk pursuant to a resolution duly adopted September 15th, 1939, by the City Council of said City and the execution of the same by all of the parties hereto which constitute •u, ac- ceptance of all of the provisions hereof. Dated and signed at Dubuque, Iowa, this 16th day of September, 1939. CITY OF DtiBL'QUl` Party of the first part. By A. A. RHO -TV BRRG. Niamtg;er. By J. J. ,HrA, City Clerk- Witness: lerkV'Witness: G. L. DrMKIF,R. G. E. THEIS. JAMES F. 11c ,I,OitGHLIN, Party of the second part By JAMES F. McGLOI1GIILIN, Notice of Clailn of \1 rs. Ruth N el - sun in the anuxntt of $75.00 for 1)(.r - injuries received in falling on side\eall< on \West Ninth Street bc- Oxcen the entr;tncc of the N-1, Sand- Shopat 242 ),Vest Ninth Street rand the rear of the Iacoh Sch\\•ieter- ing Grocery Store at 898 slain Street, presented and read. Councilman Clark 1110-d to refer the Notice of Clain, to lite City Solicitor for investigation ;kill? report. Seconded h\' Cottncilntan Val; I)tlelnt;,n. Carried by the following; c(Ite:1'cas—ALt'vor ),lurphy, Council- men Carl. •fttrnnpson, Van I)uelntan. \Vllarttn. Nays—None. Nrtice of Clain, of \1rs. :dart• K. Ilcnse in the amount of :,200.00 for per - ,,,nal illiuries recri\'cd in falling, on idcwalk oil \Vest Fifth Street hetwecn lona and :%lain Streets in front of U, 'llan and \folo's office, presented ;;nrl rend. Councilman Clark moved to rc�cr the Notice of Claim to the Cit\• Solicitor for invcstig;atiou and report. Sceondcd ht• Coll ncilnta ll Van ]hu %- man. Carried by the following; cote 1-ees--Alayor \lurphy, Councilmen Clark, 'I'hnntpson, Van Duclman, \Vharton. Nays—None. Communication of \lississippi Valley Association, extending; im-itation to the Honorable Vavor and %(embers of the City Council to ;tttend the Illeeling; of the to be h,•Id at St. Louis. Nlissollri. on ()ctober 10111 and l7th, 1939, presented and rear(. Councilmaut Van Duclnl;ot Moved 1 - refer the conuntntication to the Cit% Council. Seconded by C-m111-ilnt•o1 Clark. Carried by the follo\611L4 \,.t, : 1'cas—AI;taM' Murphy, C'onncilrtn•n Clark, •Thompson, \•an I)IR-11I 111. \Vhartou. Nays—None. Petition of AI r,. Matic A. Alillcr, rc ferred to the Cit\' Council 1,Y the Board of Supert'isors, rc(luc,tIIIV ,u,. pension of the 1938 tax(-, un 1,ot: r) :111(1 I(I of luhnston's Subdi\i,ion, presented and read. Councilman \•an I)nelman wovcd to rcfcr the petition to the City Solicitor for inyt.stivAion and report. Sceondcd by Cnttncilnt;ut AVbarton. Carried by the follmving; yule: 1'<•;r \favor \lurphy, Councifntcn Clarl:. Thompson, Van Dllultn;tn. \1 Karl n. Nays—None. 1'etition of Jalncs Snllir;ut, rcieirerl to the Cit\, Council b}' the Hoald of tiuper\i,t,1,,, rcr�uestll c;un'rlLtlion of the 1935 L'txcs on Iht tiouth one half of City kot 3.32, pi-c-Cnted ;11111 real Conncililmlt Van 1)ucllnan ill-tlitt,r rcfcr the petition to lilt. Cilt for ince-tiC:ttinn ;'I'llreport. tircnndcd by Coun;u cillluot \VI 'ton. farrier( b\ the follovvin:• not(.: y(,a, Alayor \Iur ph\, C•omrcilnnn Clrtrk, 'I'hontp-on. \-an lhtelu,an. \\'h;trt,,n. Nacs--Nun<•. 258 Special Session, Se Petition of Mrs. Mary Doyle, re- ferred to the City Council by the Board of Supervisors, requesting cancellation of the 1938 taxes on the North / of City Lot 554, Lot 2 of City Lotsen555, and Lot 4 of City Lot 555, p and read. Councilman Van Duelman moved to refer the petition to the City Solicitor for investigation and report. Seconded by Councilman Wharton. Carried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. September 8, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen:— This is to advise that I have ap- proved the following bonds and policy and desire to have your approval on same for filing: Excavation Richard J. Burke, 130 West 13th Street. Personal Harry H. Howie, Building Commis- sioner. Edward M. Tschirgi, Accountant, Water Dept. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Van Duelman moved that the bonds be approved and placed on file. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman Wharton. Nays—None. September 12, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen:— I herewith submit the reports of the City Auditor, City Treasurer, City Health Department, and the City Water Department for the month of August, 1939, also a list of claims and list of payrolls for which warrants were drawn during the month of August, 1939. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Van Duelman moved that the reports be received and placed on file. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. 1939. September 15, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Re: Margaret Lavery vs. City of Dubuque Gentlemen:— At the session of the City Council held May 16, 1939, the recommendation of City Solicitor Nelson that the mat- ter of the suit of Margaret Lavery vs. City of Dubuque be referred to the City Manager for investigation and re- port as to the advisability of employing special counsel to act in this case was approved. I have investigated and believe that it is to the best interest of the City that the suit be settled out of court. I have negotiated and effected a settle- ment in the amount of the medical and out of pocket expense of $75.45 in full settlement of all claims of said claim- ant against the City of Dubuque, the plaintiff to assume the court costs. I would accordingly recommend that upon the execution of a receipt and re- lease in full settlement of all claims or causes of action by the said Margaret Lavery and the dismissal of said suit in the District Court of Dubuque County and at the cost of the plaintiff, that a warrant be drawn payable to Margaret Lavery in full settlement of said suit in the sum of $75.45. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Clark moved that the recommendation of City Manager Rhomberg be approved and that the City Auditor be instructed to draw a warrant in the amount of $75.45 in favor of Margaret Lavery, said war- rant to be delivered upon the execution of a receipt and release in full settle- inent of all claims or causes of action by the said Margaret Lavery and the dismissal of said suit in the District Court of Dubuque County at the cost of said plaintiff. Seconded by Council- man Thompson. -Carried by the fol- lowing vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. September 15, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen:— At the session of the City Council held August 7, 1939, the petition of Margaret Nagle, Executrix, requesting a cancellation or a compromise of the special assessment against the Wester- ly 116 feet of Lot 2 of City Lot 703 for the construction of a sewer in Wilbur Street was referred to the City Mana- ger and City Treasurer for investiga- tion and report. Special Session, September 15th, 1939. 259 We have examined the records and find that the sewer referred to in the petition which was constructed in Wil- bur Street in 1929 did not abut the lot in question and no sewer assessment was levied against it. However, later in 1929, Wilbur Street was paved and an assessment of $350.90 was levied against the lot for the paving. On August 3, 1936, the City purchased cer- tificate No. 1927 for the delinquent spe- cial assessments of 1935 and prior years. The later installments of 1936, 1937 and 1938 have since become delin- quent. On January 2, 1937, Dubuque County acquired a tax certificate against this property for the regular taxes for the years 1935, 1936 and 1937. The petition is based upon a mis- understanding and is not in accord with the facts. We therefore recom- mend that the petition be received and filed. Respectfully submitted, A. A. RHO'MBERG, City Manager OTTO F. PL: LS, Citv 'Treasurer Councilman Clark moved that the recommendation of City :Manager Rhomberg and City Treasurer Puls he approved. Seconded by Councilman Thompson. Carried by the following vote: Yeas—'Mayor 'Murphy, Council- men Clark, Thompson. Van Duclman, Wharton. Nays—None. September 15, 1939. Honorable :Mayor and City Council, Dubuque, Iowa. Re: Application for Tax Suspensions Gentlemen:— I herewith return to you applications for suspension of taxes for the year 1938, referred to me for investigation and report, together with reports of my investigation in each individual case, the applications having been filed i,y the following named persons: Wm. A. Haller, 1023% High Bluff St.: Emil Maehinek, 3495 \Vest 8th Avenue; Della C. Thul, 1983 St. Am- brose St. Yours very tru]y. AL. J. NL:LSON, City Solicitor. Councilman Van Duelman moved that the communication of City Solici- tor Nelson be received •>nd made a matter of record. Seconded by C�,urlcil- man Wharton. Carried by the iolloc - ing vote: Yeas—'Mayor :1lurphv• Councilmen Clark, Thontp,r,It. V `"' Duclman, Wharton. Nay,—None•. The following decision "i t'I Cite Council relative to variou, tas 11tl tions requesting cancellati o, and pension of taxes prescntr.'1 f,,r .,i al: Petition of N\'nt. .1. Haller re- questing suspensionof the 1938 taxes on Lot 27 of XfcCrancy's 2nd Addi- tion, request granted; F;mil ltachinek requesting suspension of the 1938 tare. Oil Lot 17, Linehan Park Addition, West 170 feet of l,ot 321 of Davi. Farm Addition and Lot 51 of \fcDan- iel's Park Hill Addition, request de- nied: Della C. Thu] requesting cancel- lation of the 1938 taxes on the South 2 feet 6 inches of Lot 2 and all of Lot 3 of Kleinschmidt's Subdivision, request granted. Councilman Clark moved that the decisions of the Citv Council on the various tax petitions be ap- proved and that the Board of Super- vkors be notified of the action of the City Council. Seconded by Council- ntan 'Thompson. Carried by the fol lowing vote: Peas—Mayor Murphy, Councilmen Clark, Thompson, Van Duettnan• Wharton. Nays—None. September 15, 1939. Honorable \favor and City Council, Dubuque, Iowa. Re: Claim and Suit of 11r,;. Elsie Bcresiord vs. City of Dubuque, et al. Gentlemen:— On March 21, 1938, there tragi filed against the City of Dubuque, claim of 'Mrs. hlsie (Arnold) Beresford, in the stmt of Four Hundred ($400) Dollar,. for clantages on account of injuries al- leged to have been sustainers by her in a fall upon a sidewalk on the I?a,terly side of Central Avenue in front of 1672 Central Avenue on the 29th dad of January, 1938. Thi; claim n•as referred by the Cite Council to) the City Solicitor for invt>" tigation and report, and on June 11. 1938, report of investigation was nr•,de by the City Solicitor to the Council r<conunellding that the claim be di- allowed. On September 21. 1938, there na, a•rved upon the City• r . i' :1 Notice of Quit of the said Nlr- I.� Beres fr,r(i, a, plaintiff, % C ) lbuque, fovea. and Laura ;Fart l' "1,11 A. Lenz, rleitodants, in 11i, h .nit Plaintiff claimed the ,11111 o`, },ru- ]lnndrerl (.4400) Dollar, r,ac r rot , , .ai,l iuiuric, a, ,et out ().it th, 1'l:anl i:l, rl,.. e'ftln�t the C It\. 1 h - -a I,t Laura L(,Ilz and Caroline 41i (r.-( ph V. Lew arc ther•r- r , t' t, in Ir,nit of V hi( }1 air! �!� .I�t i_ :::i, _Fri t., h�:cr ha;,po:;,•, r other pir •rdinc- �-, 1 r••o-I'v W, hr•hal: 111 till ,., t ::nrl t�1,• 1,!;'intiff h:,- 4f";ed ,l tIr (it Dlal 'Iy,I,lu,- fr.mt i I IE e"tR,rrl:,,a ;tl, r th+ „. of Fi;t•, , t th:,t t. 1. 260 Session, September 15th, 1939. anuouilf involved in the offer of settle- ment, and the further fact that the trial of this case would require the at- tendance in Court of representatives of the Engineer's Office and the Street Department, for perhaps a number of days with their attendant loss of time in their own department during trial of the case, I would recommend that this case be settled by the payment of the City of Dubuque to the said Mrs. Elsie Beresford of the sum of Fifty ($50) Dollars, upon her execution and deliv- ery to the City of Dubuque of a receipt and release in fall for all claims for damages in said matter, and the dis- missal of said suit in the District Court of Dubuque County, Iowa, at plaintiff's costs. I would, therefore, recommend that upon the execution of the receipt and release by the claimant, a warrant be issued in the sum of $50.00 to Ray Licklider for claimant Mrs. Elsie Beresford. Respectfully submitted, AL. J. NELSON, City Solicitor. Councilman .Van Duelman moved that the recommendation of Citv Solici- tor Nelson be approved and that the Citv Auditor be instructed to draw a warrant in the amount of $50.00 in favor of Ray Licklider for claimant Mrs. Elsie Beresford, said warrant to be delivered upon the execution of a receipt and release in full for all claims for damages and the dismissal of said snit in the District Court of Dubuque County, Iowa, at plaintiff's costs. Sec- onded by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thomp- son, Vail Duelman, Wharton. Nays— None. Reseolution No. 155-39 Whereas, C. F. Hay of Muncie, In- diana, and Mrs. Frances Stark of De- troit, Michigan, sole and surviving legal heirs of J. E. Fairbanks, are the mvners of the East 33' 6" of City Lot 643, in the City of Dubuque, Iowa, neon which is located and situated a building which has been examined by the Board of Health, Building Com- missioner, and the Chief of the Fire Department and found to be a danger - nus structure and unfit for habitation and a menace to public safety by rea- son of avant of repair, and defects in drainage and plumbing; and, Whereas, This Council has hereto- fore appointed a Condemnation Com- mittee of three disinterested persons to make a thorough investigation of said building and to report their find- ings to the Council, the same to act in conjunction with the Building Comntis- sion; and, Whereas, Said Committee has filed its report and recommends that said building be condemneed as a nuisance, said report being attached hereto and made a part hereof; Now, Therefore, Be It Resolved by the City Council of the Citv of Dubuque, That the. Building Commissioner, be, and he is hereby directed to cause to be served upon the said C. F. Hay of Muncie, Indiana, and Mrs. Frances Stark of De- troit, Michigan, owners of the build- ing described herein, a written notice commanding them to appear before this Council at a meeting thereof to be held at 7:30 o'clock P. `L, on the 2nd clay of October, 1939, and to show cause why said building should not be (I clared a dangerous structure and a nuisance. Passed, adopted and approved this 15th day of September, 1939. GEO. R. MURPHY, Mayor, FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Clark moved the adop- tion of the resolution. Seconded by Councilman Thompson. Carried b'Y the following vote: Yeas—Mayor Min- phy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Reesolution No. 156-39 Whereas, The Realty Inv. Corp. is the owner of Lot 284, East Dubuque No. 2 Addition, in the City of Dubuque, Iowa, upon which is located and situ- ated a building which has been ex- amined by the Board of Health, Build- ing Commissioner, and the Chief of the Fire Department and found to be a dangerous structure and unfit for habitation and a menace to public safe- tv by reason of want of repair, and defects in drainage and plumbing; and, Whereas, This Council has hereto- fore appointed a Condemnation Com- mittee of three disinterested persons to make a thorough investigation of said building and to report their find- ings to the Council, the same to act in conjunction with the Building Commis- sion; and, Whereas, Said committee has filed its report and recommends that said building be condemned as a nuisance, said report being attached hereto and made a part hereof; Now, Therefore, Be It Resolved by the City Council Of the City of Dubuque, That the Building Commissioner, be, and he is hereby directed to cause to be served Special Session, September 15th, 1939. 261 upon the said Realty Inv. Corp., owner of the building described herein, a writ- P:(sscd, ;idol,tecl and approved this ] Sth day ten notice commanding them to appear of September, 1939. before this Council at a meeting there- GF,O. R. \f [TR I'f Il', \laver. of to be held at 7:30 o'clock P. M., on FR:\Ni: \':\N the 2nd day of October, 1939, and to ALBi?RT show cause why said building should CARL :\. C l,.UK, not be declared a dangerous structure F. W. THO\f i'SON, and a nuisance. Councilmen. Passed, adopted and approved this Attest: J. J, S} 1 f?.\, City Clerk. 15th day of September, 1939. GEO. R. MURPHY, Mayor. Councilman Clark moved the adop- tion of the resolution. Seconded FRANK VAN Dt11?},\t:\\, by Councilman 'fftr,utps(ut. Carried hp ALBERT WHAR'I.ON, the following tote: Peas ---Macer J1nr- CARL A. CLARK, nhc. Cottttcilnleu Clark, 'I'hentpson, F. W. THOM PSON. \'an Duelntan, Wharton. Nax, -None Councilmen. Attest: J. J. SHEA, Citv Clerk. Resolution No. 158-39 Councilman Clark nutted the a(lop- \\"hercas, Richard Fuhnuann soul! •r John O'Brien are the otcners l,ot tion of the resolution. Seco,uled by Councilman Thompson. Carried by ..f 10 Central Addition, in the City .n the following vote: Yeas—Mayor Mur- Dubuque, town, upon which is lor;rtcd and smell 1 a building which has been phy, Councilmen Clark, Thompson, Van Duehnan, Wharton. Nays --None. examined by the Board (of I1c:dth, Buil(hug, Commissioner, an(I the Chief Resolution No. 157-39 of the fire Department art(1 found to he a dangerous structure and unfit for Whereas, The Anchor Investment habitation and a menace to public safe - Co. is the owner of the South one-half tv by reason of want of repair, and of Lot 19, Correll's Subdivision in the clefects in drainage and plumbing: mull, City of Dubuque, Iowa, upon NOlich is Whereas, 'Phis Council has hcrctr, located and situated a building which fore appointed a Condemnation Cr,nr- has been examined by the Board of tnittce of three (1kintcreste(l persons to Health, Building Commissioner, and make a thorough im-estigation of said the Chief of the Fire Department and 1,,il(1ing and to report their findim•, t" found to be a dangerous structure and the Council, the sane• to act in c ni- unfit for habitation and a menace to (miction with the Building C'ommi,- public safety by reason of watt of re- sign; an(I, pair, and defects in drainage and plumbing; and, W11crcas, Sai(1 conttnittee has filed its report aml reconnncnds that maid Whereas, This Council has heron- buil(ling he condcmnc(I ;is a nnisam c. fore appointed a Couclentnation Com- said report being attached hcrcl( omd mittee of three disinterested persons to mlacic a part hereof; \otc, 'I'll(n-6,rc, Ia thorough investigation of said building and to report their findings to lie it Resulted by the Cite Council 'I'h;1t the Council, the <ame to act in con- junction with tilt, Building Conlmis- (,f the City of I)ubutluc, the Duilding Commuissioner, bc, and he 1s cion: and, hereby (lirecte(1 to cans t'' bt, screed upon tilt' sai(I Richard fullrntatn and/ Whereas, Said committee has filed Or Jehn O'Bricn, owners Of the huilrl its report and recommends that sai(1 ing do<cribcd herein, a written m tic to appear hci',rc thi- building he condemned as a nuisance, cc,nmtan(ling them thcre„f to be held said report being attached hereto an(l ('ouncil at a ntcetin,q Al.. the 211"1 ala, made a part hereof: Now-, Therefore, at 7:.10 o'clock P. nn 1939, in the Cotnn iI (barn Be It Resolved by the Citv Council f Octohet-, hu in tilt, Litt (fall in the of the City of Dttbttclue. That the is Int(Itt(.(.. ;111(1 to shmc cau,c he rl(rl;ued Building Conumissioncr, be, aid he bnil(lirg heulrl n''t hereby directed to cause to he serve(l I;ut_ "„u, su urtur( ;:nd a nui.ancc upon the said Anchor Investmcnt Co.. d. adti` tc(1 and ;((1111occd thi owner of the httilciing describc(I herein, I'a s 1 tli rl;tc ..f I tcnibc•r. 1931). a written notice commanding then, to ;u,;rtar before this Council ;it a meet ;I;c�. IZ. \1l'I:I'ifl'. \Ia—r. ing thereof to be held at 7:30 o'clock I I:.\\F; \ `\ 111"I(1,\L\N, P. 'M., on the 2n(} day of OctOber• 1939• \ I . I S I? I: !" l\ 11 \ p in the Council Chamber in the Cit} Hall in the Citv of Dubuque, and to buil(ling should I: \ 'I"Ii t\I('SON. show cause w•hv said not be declared a danger(,tts strnctttr(• I. �11(.l. (-itc Clerk. and a nuisance. \it",t: I. 262 Special Session, September,15th, 1939. Councilman Clark moved the adop- tion of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Mur- phy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 159-39 Whereas, S. Wiedner and C. J. Jung- wirth are the owners of Lot 3 of Lot 9, Union Addition, in the City of Du- buque, Iowa, upon which is located and situated a building which has been ex- amined by the Board of Health, Build- ing Commissioner, and the Chief of the Fire Department and found to be a dangerous structure and unfit for habi- tation and a menace to public safety by reason of want of repair, and defects in drainage and plumbing; and, Whereas, This Council has hereto- fore appointed a Condemnation Com- mittee of three disinterested persons to make a thorough investigation of said building and to report their findings to the Council, the same to act in con- junction with the Building Commis- sion; and, Whereas, Said committee has filed its report and recommends that said building be condemned as a nuisance, said report being attached hereto and made a part hereeof; Now, Therefore, Be It Resolve& by the City Council of the City of Dubuque, That the Build- ing Commissioner, be, and he is hereby directed to cause to be served upon the said S. Wiedner and C. J. Jungwirth, owners of the building described here- in, a written notice commanding thein to appear before this Council at a meeting thereof to be held at 7:30 o'clock P. M., on the 2nd day of Octo- ber, 1939, in the Council Chamber in the City Hall in the City of Dubuque, and to show cause why said building should not be declared a dangerous structure and a nuisance. Passed, adopted and approved this 15th day of September, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Clark moved the adop- tion of the resolution. Seconded by Councilman Thompson. Carried by the folloWing vote: Yeas—Mayor Mur- phy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 160-39 Whereas, Wm. J. Robinson is the owner and J. P. Hanten is the mort- gagee of Lot 22, Union Addition, to the City of Dubuque, Iowa, upon which is located and situated a building which has been examined by the Board of Health, Building Commissioner, and the Chief of the Fire Department and found to be a dangerous structure and unfit for habitation and a menace to public safety by reason of want of re- pair, and defects in drainage and plumbing; and, Whereas, This Council has hereto- fore appointed a Condemnation Com- mittee of three disinterested persons to snake a thorough investigation of said building and to report their findings to the Council, the same to act in con- junction with the Building Commis- sion; and, Whereas, Said committee has filed its report and recommends that said building be condemned as a nuisance, said report being attached hereto and made a part hereof; Now, Therefore, Be It Resolved by the City Council of the City of Dubuque, That the Building Commissioner, be, and he is hereby directed to cause to be served upon the said Wm. J. Robinsos, owner of the building described herein, and J. P. Hanten, Mortgage, a written no- tice commanding them to appear before this Council at a meeting thereof to be held at 7:30 o'clock P. M., on the 2nd day of October, 1939, in the Council Chamber in the City Hafl, in the City of Dubuque, and to show cause why said building should not be declared a dangerous structure and a nuisance. Passed, adopted and approved this 15th day of September, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL, A. CLARK, F. W. THOMPSON, Attest: J. J. SHEA, City Clerk. Councilman Clark moved the adop- tion of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Mur- phy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 161-39 Whereas, P. J. and Minnie Norton, are the owners of City Lot 238 in the City of Dubuque, Iowa, upon which is located and situated a building which has been examined by the Board of Health, Building Commissioner, and the Chief of the Fire Department and found to be a dangerous structure and unfit for habitation and a menace to public safety by reason of want of re- Special Session, September 15tH, 1939. — - - 263 pair, and defects in drainage and plumbing; and, 1\'hereas, This Council has hereto- fore appointed a Condemnation Corn- ruittee of three disinterested persons to make a thorough investigation of said building and to report their findings to the Council, the sante to act in con- junction with the Building Colurnls- ,ion: and, Whereas, Said connuittcc has filed its report and recommends that said building be condemned as a nuisance, said report being attached hereto and made a part hereof; Now, Therefore, Be It Resolved by the City Council of the City of Dubuque, That the Building Commissioner, be, and he is hereby directed to rause to he served anon the said P. J and Minnie Norton, owners of the building described here- in, a written notice conlntanding them to appear before this Council at a meeting thereof to be held at 7:30 o'clock P. M., on the 2nd day of Octo- ber, 1939, in the Council Chamber in the City Hall, in the City of Dubuque, and to show cause tvhy said building should not be declared a dangerous structure and a nuisance. Passed, adopted and approved this lith day of September, 1939. GEO. R. MURPHY, Mayor. FRANK VAN ALBERT WHAR'i'ON. CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Clark moved the adop- tion of the resolution. Seconded by Councilman Thompson. Carried 1) the following vote: Yeas—\laVnr ilnr phy, Councilmen Clark, Thompson, Van Duelnlan, \\•harton. NaYs—None. Reesolution No. 162-39 Whereas, Patrick O'Shea is the own- er of Lot 1 of Mineral Lot 145 in the Citv of Dubuque, Iowa, upnn which is located and situated huildings which have been examined by the Roard of Health, Building Commissioner, and the Chief of the Fire Department and found to be a dangerous structure aurl a menace to public safety by reason of want of repair, and sanitation: and. Whereas, This Council has hereto- fore appointed a Condemnation Conl- mittee of three disinterested persons to make a thorough investigation of sand building and to report their findings to the Council, the same to act in con- junction with the Building Cnmtuis- sion: and, \\ herc;ts, S;tid committee has filed its ren„rt and recolnntends that said hui!tling be rr,ndentned as a nuisvu-c, said report bring attached hereto azul made a part hereof; Now, Therefore, i,(. it Resolved bt• the Citv Council Of the City of Dubuque. That the Buildi"g Contnlissioner, be, and he is hereby' directed to cause to hr served "Iron the said Patrick O'Shca, owner rtf the buildings described herein, a written notice conlntanding him to , pear before this Council at a meeting thereof to be held at 7:30 o'clock 11. \l., ou the 2nd day of Octol,cr, 1930, in the Council Chamber in the Cite Flall, in the Cite of Dubuque, and to shote cause tvlty said buildings should not be declared as dangerous struc- tures and a nuisance. Passed, adopted and approved this i ith day of September, 1939. GI;O. R. MURMIY, Mayor. FRANK V'AN DI'1;LN1.AN, ALBERT \V'lfARTON, CARL A. CI,ARK, F. W. THOMPSON, Councilmen. :Attest. J. J. ti111,:\, Cin• Clerk. Councilman Clark moved the adop- tion of the resolution. Seconded by Cotmcilmau Thompson. Carried by the following vote: Yeas—flavor 11nr ph v, Councilmen Clark. 'Thomp—ti, \'an Duclnt;ut, \\'Marton. Nays---Neme. Resolution No. 163-39 \\ hcrcas, Catherine Sntith is the owner of Lot 14, Yates' Fah.. ill the Ci n- of Duburluc, Iowa, upon which is located and situated a building which has peen examined by the Roard of Health, Building Conttnissioner, and the Chief of the Fire Department and found to he a dangerous structure and unfit for habitation and a menace to puhlic safety h%, reason of want of rc- pair, and defects in draivagc and plurttbing: and, \\'hcrcas, 'i'his Council has hereto fink appointed a Condemnation Cont- ntittec of three disinterested perrOn, t, make a thorough investigation of said building and to report their hurling, to the Council, the same to act in con iunction tvitlu the Building (otunti, Boll; and. \Chet ea>, Said e„nlnittee has filed it, report and rccnnrtnenl, that said building be condemned as a nui,;utce. s;tirl report being attached hereto and made a part hereof: Nou, 'Therefore, Bc It Rc.olved by ill(. ('it. Council of the Cin' of Dubtnluc, That the Building C, ""ill be, •utd he is hereby dirct•tcd to ca"•c to be ,cnerl 264 Special Session, September 15th, 1939. upon the said Catherine Smith, owner of the building described herein, a writ- ten notice commanding her to appear before this Council at a meeting there- of to be held at 7:30 o'clock P. M., on the 2nd day of October, 1939, in the Council Chamber in the City Hall, in the City of Dubuque, and to show cause why said building should not be declared a dangerous structure and a nuisance. Passed, adopted and approved this 15th day of September, 1939. CEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Clark moved the adop- tion of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Mur- phy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 164-39 Whereas, Mary F. Doyle is the own- er of Lots 2 and 4 of City Lot 555, in the City of Dubuque, Iowa, upon which is located and situated a building which has been examined by the Board of Health, Building Commissioner, and the Chief of the Fire Department and found to be a dangerous structure and unfit for habitation and a menace to public safety by reason of want of re- pair, and defects in drainage and plumbing; and, Whereas, This Council has hereto- fore appointed a Condemnation Com- mittee of three disinterested persons to make a thorough investigation of said building and to report their findings to the Council, the same to act in con- junction with the Building Commis- sion; and, Whereas, Said committee has filed its report and recommends that said building be condemned as a nuisance, said report being attached hereto and made a part hereof; Now, Therefore, Be It Resolved by the City Council of the City of Dubuque, That the Building Commissioner, be, and he is hereby directed to cause to be served upon the said Mary F. Doyle, owner of the building described herein, a writ- ten notice commanding her to appear before this Council at a meeting there- of to be held at 7:30 o'clock P. M., on the 2nd day of October, 1939, in the Council Chamber in the City Hall in the City of Dubuque, and to show cause why said building should not be declared a dangerous structure and a nuisance. Passed, adopted and approved this 15th day of September, 1939. CEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Clark moved the adop- tion of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Mur- phy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 165-39 Whereas, Mary F. Doyle is the own- er of the North one-third of City Lot 554, in the City of Dubuque, Iowa, upon which is located and situated a building which has been examined by the Board of Health, Building Com- missioner, and the Chief of the Fire Department and found to be a danger- ous structure and unfit for habitation and a menace to public safety by rea- son of want of repair, and defects in drainage and plumbing; and, Whereas, This Council has hereto- fore appointed a Condemnation Com- mittee of three disinterested persons to make a thorough investigation of said building and to report their findings to the Council, the same to act in con- junction with the Building Commis- sion; and, Whereas, Said committee has filed its report and recommends that said building be condemned as a nuisance, said report being attached hereto and made a part hereof; Now, Therefore, Be It Resolved by the City Council of the City of Dubuque, That the Building Commissioner, be, and he is hereeby directed to cause to be served upon the said Mary F. Doyle, owner of the building described herein, a writ- ten notice commanding them to appear before this Council at a meeting there- of to be held at 7:30 o'clock P. If., on the 2nd day of October, 1939, and to show cause why said building should not be declared a dangerous structure and a nuisance. Passed, adopted and approved this 15th day of September, 1939. CEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Special Session, September 15th, 1939. Councilman Clark nu,yccl the adop- tion of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Mur- phy 'Councilmen Clark, 'Thompson, Van Duclntan, \\'harton. Nays ---None. Resolution No. 166-39 Whereas, \\%m. Lavrther is the owner of City Lot 193, in the City of Du- buquc, Iowa, upon which is located and situated a building tyhich has been ex- amined by the Board of Health, Build- ing Commissioner, and the Chief of the Fire Department and found to be a dangerous structure and unlit for habi- tation and a menace to public safety by reason of want of repair, and defects m drainage and plumbing: and, Whereas, This Council has hereto- fore appointed a Condemnation Com- mittee of three disinterested persons to make a thorough investigation of said building and to report their findings to the Council, the same to act in con- junction t% ith the Building Commis - Sion: and, Whereas, Said committee has filed its report and recommends that said building be condemned as a nuisance, said report being attached hereto and made a part hereof: Now, Therefore, Be It Resolved by the City Council of the City of Dubuque, That the Building Commissioner be, and he is hereby directed to cause to be served upon the said Wm. Lawther, owner of the building described herein, a writ- ten notice commanding hitt to appear before this Council at a meeting there- of to be held at 7:30 o'clock P. M., On the 2nd day of October, 1939, ill tile Hall Council Chamber in the City the City of Dubuque, and to show cause why said building should not be declared a dangerous structure and a nuisance. Passed, adopted and approved this 15th dav_ of September, 1939. GEO. R. MJTRPHY, Mayor. FRANK VAN DUEL\T:\�• ALBERT WHARTON• CARL A. CLARK, F. W. THOMPSON, Councilluett. Attest: J. J. SHEA, City Clerk. Councilman Clark moved the adop- tion of the resolution. Seconded by Councilman 'Thompson. Carried by the following vote: Yeas—Mayor ;Mur phy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 167-39 265 \\'hcreas, 'rhe Mauer Julien flotel Co, are the owners of City Lot 195, in the City of Dubuque, Iowa, upon which is located and situated a building tthich has been examined by the Board of Health, Building Commissioner, and the Chief of the Fire Department and found to be a dangerous structure and unfit for habitation and it menace to public safety by rcasott of want of re- pair, and defects in drainage and plumbing: and. \\'hcreas. This Council has hereto- fore appointed a Condemnation Com- mittee of three disinterested persons to make a thorough investigation of said httilding and to report their finding< to th; Council, the sante to act in om- junction with the Building Connni�- Mon: and, \\'hereas, Said committee has filed its report and recommends that said building be condemned as a nuisance• said report being attached hereto and made a part hereof; Now, "I'herefore, Be It Rcsok-ed by the City Council of the City of Dubuque, Chat the Building Gammissioner be, and he i, here])\, directed to cause to be <er ed upon the said Matter Julien llot('l Co.. owner of the building described herein• a written notice commanding them to aupear before this Council at a meeting thereof to be held at 7:30 o'clock 1'. on the 2nd clay of October, V)39. in the Council Chamber in the Cit. i-lall in the City of Dubuque, and I` shot\,- cause whoo'y said building '11`11(lnot lx' declared at dangerous structure and a nuisance. Passed. adopted and approved this 15th da} of September. 1939. GEO. R. \i C R I' l l \', FRANK \'AN ALBERT \VHAR'I'ON, CARL A. CI,:\ 1 <, F. W. THOMI'SON, Councilmen. Auest: J. J. Slll?.\. City Clerk. Councilman Clark moved the adop- tion of the resolution. Seconded by Councilman Thompson. Carried by the follott•iug cote: Yeas—Mayor Mur - pill. Councilnu•n Clark•"Thoutpson. Van Duelmau, AWharton. Nays—None. Resolution No. 168-39 \\'hcrcas, "'he Dubuque Biscuit Cin is the out mer of bots 317 and 348, ut the City of Dubuque, Iowa, upon uvhich is located and situated buYf"ittBoardmof have been examined by 1Tealth: Building Conuni,sioner, and the dh of bcfdthe rem, l truactures and a 266 Special Session, September 15th, 1939. menace to public safety by reason of want of repair, and defects in drainage and plumbing; and, Whereas, This Council has hereto- fore appointed a Condemnation Com- mittee of three disinterested persons to make a thorough investigation of said building and to report their findings to the Council, the same to act in con- junction with the Building Commis- sion; and, Whereas, Said committee has filed its report and recommends that said buildings be condemned as a nuisance, said reports being attached hereto and made a part hereof; Now, Therefore, Be It Resolved by the City Council of the City of Dubuque, That the Building Commissioner, be, and he is hereby directed to cause to be served upon the said Dubuque Biscuit Co., owner of the buildings described here- in, a written notice commanding them to appear before this Council, at 'a meeting thereof to be held at 7:30 o'clock P. M., oil the 2nd day of Octo- ber, 1939, and to show cause why said buildings should not be declared -a dan gerous structures and a nuisance. Passed, adopted and approved this 15th day of September, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Clark moved the adop- tion of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Mur- phy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 169-39 Whereas, Mary F. Doyle is the own- er of the North one-third of City Lot 554, in the City of Dubuque, Iowa, upon Ivhich is located and situated a building which has been examined by the Board of Health, Building Com- missioner, and the Chief of the Fire Department and found to be a danger- ous structure and unfit for habitation and a menace to public safety by rea- son of want of repair, and defects in drainage and plumbing; and, N'Whereas, This Council has hereto- fore appointed a Condemnation Com- mittee of three disinterested persons to make a thorough investigation of said building and to report their findings to the Council, the same to act in con- junction with the Building Commis- sion; and, Whereas, Said committee has filed. its report and recommends that said building be condemned as a nuisance, said report being attached hereto and made a part hereof; Now, Therefore, Be It Resolved by the City Council of the City of Dubuque, That the Building Commissioner be, and he is hereby directed to cause to be served upon the said Mary F. Doyle, owner of the building described herein, a written notice commanding her to ap- pear before this Council at a meeting thereof to be held at 7:30 o'clock P. M., on the 2nd day of October. 1939, in the Council Chamber in the City Hall in the City of Dubuque, and to show cause why said building should not be declared a dangerous structure and a nuisance. Passed, adopted and approved this l5th day of September, 1939. .GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL ,A, CLARK, k- < IF, W."I-tOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk, Councilman Clark moved the adop- tion of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Mur- phy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 170-39 Be It Resolved by the City Council of the City of Dubuque, That the fol- lowing, having complied with the pro- visions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City: Name Address General Sales Company (Cliff Har- ker, Mgr.), 951 Main Street; Leo N. Theisen (This permit to become effect- tive 10/1/39), 332 Eighth Avenue. Be It Further Resolved, That the bonds filed with the applications be ap- proved. Passed, adopted and approved this 15th day of September, 1939. GEO. R. MU_PPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Special Session, September 15th, 1939. 267, Councilman Van Duelman moved the adoption of the resolution. Second- ed by Councilman Wharton. Carried by the following; vote: Yeas—Mayor Murphy, Councilmen Clark, Thomp- son, Van Duelman, Wharton. Nays— None. There being no further business Councilman Clark moved to adjourn. Seconded by Councilman Thompson. Carried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. J. J. SHDA, City nClerk. Approved Adopted _l---iy39. .,ouncum!;k_- Attest: __ - City Clerk. 'r,r; Regular Session, October 2nd, 1939, l 269 City C ounc (Official) Regular Session, October 2nd, 193! Council met at 8:15 P. M. Present—Mayor Murphy, Council men Clark, Thompson, Van Duelmat Wharton, City Manager Rhomberg. Mayor Murphy stated that this is th regular monthly meeting of the Cit; Council for the purpose of acting upoi such business as may properly com before the meeting. Returns of service, subscribed ano sworn to by H. H. Howie, Building Commissioner, of condemnation reso lutions served upon C. F. Hay, of Mun cie, Indiana, and Mrs. Frances Stark Detroit, Michigan, commanding then to appear before the City Council at meeting to be held October 2, 1939, ant to show cause why said building locat ed upon the East 33 feet 6 inches o City Lot 643 should not be declared dangerous structure and a nuisance presented and read. Councilman Vat Duelman moved that the returns of service be received and filed. Secondee by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Petition of C. F. Hay requesting an extension of time for complying with the requirements of condemnation reso- lution and advising Council that he is willing to repair the building located upon the East 33 feet 6 inches of City Lot 643 in accordance with building regulations, presented and read. Coun- cilman Van Duelman moved that the request be granted and the date for complying with condemnation resolu- tion requirements be set as April 15, 1940. Seconded by Councilman Whar- ton. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Returns of service, subscribed and sworn to by H. H. Howie, Building Commissioner, of condemnation resolu- tion served upon Richard Fuhrmann and John O'Brien commanding them to appear before the City Council at a meeting to be held October 2, 1939, and to show cause why said building locat- ed upon Lot 10 of Central Addition should not be declared a dangerous structure and a nuisance, presented and read. Councilman Van Duelman mewed that the returns of service be received and filed. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Murphy, Council men Clark, Thompson, Van Duelman, Wharton. Nays—None. Petition of John O'Brien requesting permission to repair the building locat- ed upon Lot 10 of Central Addition, presented and read. Councilman Van Duelman moved that the request be granted and a time limit of 60 days be allowed for complying with condemna- tion resolution requirements. Second- ed by Councilman Wharton. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Returns of service, subscribed and sworn to by H. H. Howie, Building Commissioner, of condemnation reso- lutions served upon Mary F. Doyle commanding her to appear before the City Council at a meeting to be held October 2, 1939, and to show cause why said buildings located upon bots 2 and 4 of City hot 555 and the North one- third of City Lot 554 should not be declared dangerous structures and nui- sances, presented and read. Council- man Clark moved that the returns of service be received and filed. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Mur- phy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays— None. Councilman Wharton moved that Mary F. Doyle be granted an extension of time until April 15, 1940, for to coin - ply with the requirements of condem- nation resolutions for abatement of the nuisance caused by buildings located on hots 2 and 4 of City l,ot 555 and the North one-third of City f,ot 554. Seconded by Councilman Van Duel - man. Carried by the following cote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Returns of service, subscrmea :ma sworn to by H. H. Howie, Building Commissioner, of condemnation resolu- tions served upon Wm. J. Robinson and J. P. Hanten as Mortgagee, com- manding them to appear before the City held ctCouncil1939,aitoshow a d tge Oob ercause why said building located upon hot 22 of Union Addition should not he de- clared a dangerous structure and a nui- sance, presented and read. Council- man Clark moved that the returns of ;ervice be received and filed. Second - A by Councilman Van Duclman. Car- •ied by the following vote: Yeas— Nfayor Murphy, Councilmen Clark, Thompson, Van Duchnan, Nk'harton. Vays—None. Returns of service, subscriber) and ;worn to by H. H. Howie, Building commissioner, of condemnation resolu- ions served upon S. Wicdner and C. Iungwirth commanding them to ap year before the City Council at a meet- 270 Regular Session, October 2nd, 1939. ing to be held October 2, 1939, and show cause. why said building located upon Lot 3 of Lot 9 of Union Addition should not be declared a dangerous structure and a nuisance, presented and read. Councilman Clark moved that the returns of service be received and filed. Seconded by Councilman Whar- ton. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, `an Duelman, Wharton. Nays—None. Returns of service, subscribed and sworn to by H. H. Howie, Building Commissioner, of condemnation reso- lution served upon Wm. Lawther com- manding him to appear before the City Council at a meeting to be held Octo- ber 2, 1939, and show cause why said building located upon City Lot 193 should not be declared a dangerous structure and a nuisance, presented and read. 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 Clark. Carried by the fol- lowing vote: Yeas—Mayor Murphy, Councilman Clark, Thompson, Van Duelman, Wharton. Nays—None. Mr. Wm. Lawther, Jr., addressed the Coun- cil requesting that a reasonable length of time be given for the removal of the building located on City Lot 193. Coun- cilman Clark moved that the return of service be received and filed and that Mr. Lawther be granted a sixty-day time Jimit for complying with the re- quirements of condemnation resolu- tions for abating the nuisance caused by building located on City Lot 193. Seconded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Return of service, subscribed and sworn to by H. H. Howie, Building Commissioner, of condemnation resolu- tion served upon Klauer Julien Hotel Company commanding them to appear before the City Council at a meeting to be held October 2, 1939, and to show cause why said building located upon City Lot 195 should not be declared a dangerous structure and a nuisance, presented and read. Councilman Van Duelman moved that the return of service be received and filed. Second- ed by Councilman Clark. Carried by the following vote: Yeas—Mayor Mur- phy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Return of service, subscribed and sworn to by H. H. Howie, Building Commissioner, of condemnation resolu- tion served upon Dubuque Biscuit Company commanding them to appear before the City Council at a meeting to be held October 2, 1939, and to show cause why said buildings located upon City bots 347 and 348 should not be declared dangerous structures and nuisances, presented and read. Mr. Louis Meyer, representing the Du- buque Biscuit Company, addressed the Council requesting that they be al- lowed a reasonable length of time for the repairing and removal of the nui- sance caused by buildings located on City bots 347 and 348. Councilman .Clark moved that the return of service be received and filed and that the Du- buque Biscuit Company be granted a 60 -day time limit for complying with the requirements of condemnation reso- lution for abating the nuisance caused by buildings located on City bots 347 and 348. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton. Nays—None. Return of service, subscribed and sworn to by H. H. Howie, Building Commissioner, of condemnation resolu- tion served upon Realty Inv. Corp. commanding them to appear before the City Council at a meeting to be held October 2, 1939, and show cause why said building located upon Lot 284 of Bast Dubuque Addition No. 2 should not be declared a dangerous structure and a nuisance, presented and read. Councilman Thompson moved that the return of service be received and filed. Seconded by Councilman Clark. Car- ried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Return of service, subscribed and sworn to by H. H. Howie, Building Commissioner, of condemnation reso- lution served upon Anchor Investment Company commanding them to appear before the City Council at a meeting to be held October 2, 1939, and show cause why said building located upon Lot 19 of Correll's Subdivision should not be declared a dangerous structure and a nuisance, presented and read. Councilman Thompson moved that the return of service be received and filed. Seconded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Return of service, subscribed and sworn to by H. H. Howie, Building Commissioner, of condemnation resolu- tion served upon P. J. and Minnie Nor- ton commanding them to appear be- fore the City Council at a meeting to be held October 2, 1939, and show cause why said building located upon City Lot 238 should not be declared a dangerous structure and a nuisance. Regular Session, October 2nd, 1939. 271 presented and read. Councilman Clark moved that the return of service be re- ceived and filed. Seconded by Coun- cilman Van Duelman. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Return of service, subscribed and sworn to by H. H. Howie, Building Commissioner, of condemnation reso- lution served upon Patrick O'Shea commanding him to appear before the City Council at a meeting to be held October 2, 1939, and show cause why said buildings located upon Lot 1 of Mineral Lot 145 should not be declared dangerous structures and nuisances, presented and read. Mr. Patrick O'Shea addressed the Council requesting that he be allowed a reasonable length of time for complying with the require- ments of condemnation resolution or- dering the abating of the nuisance caused by sheds and barn on Lot 1 of Mineral Lot 145. Councilman Clark moved that the return of service be re- ceived and filed and that Patrick O'Shea be granted a sixty-day time limit for complying with the require- ments of condemnation resolution or - the abating of the nuisance caused by sheds and barn located on Lot 1 of Mineral Lot 145. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thomp- son, Van Duelman, Wharton. Nays— None. Return of service, subscribed and sworn to by H. H. Howie, Building Commissioner, of condemnation resolu- tion served upon Catherine Smith com- manding her to appear before the City Council at a meeting to be held Octo- ber 2, 1939, and show cause why said building located upon Lot 14 of Yates' Sub. should not be declared a danger- ous structure and a nuisance, present- ed and read. Mr. Clement Smith ad- dressed the Council requesting or that he be allowed a 3f1 -day period that he may comply with the require- ment or s resolution of the building located f theoil Lot 14 of Yates' Sub. Councilman Clark moved that the return of service be received and filed and that Mr. Clement Smith be granted a 30 -day time limit for to comply with the requirements of condemnation res- olution ordering the removal of the building located on Lot 4 of Yates' Sub. Seconded by the fol- rt - lowing Thompson. Carried o by the fol, lowing vote: Yeas—Mhaornpson, Van Councilmen Clark, Ivrn, Duelman, Wharton. Nays— Petition of Peter J. Seippel Lumber Company, by Gilloon and Chalmers, its attorneys, requesting that the County Treasurer be authorized and directed to accept in full settlement of all de- linquent special assessments against their property and represented in Funds Nos. 793, 868 and 945, the prin- cipal amount of said delinquent special assessments with interest thereon at 5c7o per annum without penalties and also that the County Auditor be au- thorized and directed to accept in full payment for the redemption from sale of said property for said special assess- ments the principal amount thereof, with interest at 5176 per annum on the principal of said special assessments, included in said sale to the date of re- demption, excluding all penalties, plus the advertising fee and the stint of twenty-five cents for the redemption of each certificate, presented and read. Attorney Frank D. Gilloon addressed the Council requesting that favorable action be taken upon the petition of Peter J. Seippel Lumber Company in order that they may be able to take care of the payments as outlined in their petition on or before October 27, 1939. Councilman Wharton moved to refer the petition to the City Manager and City Treasurer for investigation and report. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Petition of A. L. Brophy et al re- questing that the City Council make a survey of the building located at 1696 Jackson Street, Latvther Realty Com- pany, owners, and deny the privilege of turning this building into a thrcr- story flat building and also that the u Coucil make a survey of the Lawther flats on 18th and Washington Strcct'�, presented and read. Mr. A. L. Brophy et al addressed the Council protesting against the alteration of the I-awther building located at 1696 Jackson Street into a three-story flat building and re- questing that the Council view both this building at 1696 Jackson Street and also the Law•ther flat building at 18th and N,k'ashingtott Streets. Council - mail Clark moved that the petition be referred to the Citv Council to %'tew the grounds. Seconded b}• Councilman Van Duelman. Ciarriedayor iurplhcv,follow ing vote: Yeas—. oilmen bark, TI-1111"'11,:nt Utixl- man, Wharton. Nays—None. Petition of Df r. and :firs. Adam Link et al requesting the rcrontlgj of the erv- Grandview Avenue Bu to gine sreet ice the entire length of Algona Street front 14th Street and then 0%,c'r New Highway 20 as so()" r as ented anderead, Grandview Avenue, I Mrs. Adartt Link et a addressed the Council regtic,tin[' that favorable ac- tion be taken upon their petition ie order that hu, service Hill be made 272 Regular Session, October 2nd, 1939. available as outlined in their petition. Councilman Thompson moved that the petition be referred to the City Man- ager to confer with the officials of the Interstate Power Company and sub- mit a report back to the City Council. Seconded by Councilman Clark. Car- ried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Notice of Claim of A. W. Reifsteck in the amount of $26.88 for damages to his automobile caused in striking a pro- truding manhole pipe or cover in Adair Street about ten or fifteen feet north of the 14th Street intersection on Adair Street, presented and read. Coun- cilman Van Duelman moved to refer the Notice of Claim to the City Solici- tor for investigation and report. See- onded by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thomp- son, Van Duelman, Wharton. Nays— None. Notice of Claim of Bessie L. Boehm in the amount of $14.85 for damages to her automobile caused in striking a de- fective curb in front of the premises known as 169 Bryant Street, presented and read. Councilman Thompson moved to refer the Notice of Claim to the City Solicitor for investigation and report. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton. Nays—None. Original Notice of Suit of Mrs. Cath- erine Avenarius, Plaintiff, vs. City of Dubuque, Defendant, in the amount of '$2,500.00 for damages resulting from personal injuries sustained as a result of falling on a defective sidewalk in front of the building located on the North Westerly corner of Windsor Avenue and Regent Streets at a point within about 30 feet Northerly of said North Westerly corner of said street, presented and read. Councilman Thompson moved that the Original Notice of Suit be referred to the City Solicitor. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman Wharton. Nays—None. Certificate of the Aetna Casualty and Surety Company appointing their Resi- dent Vice -Presidents and Resident As- sistant Secretaries of Des Moines, IoNva, with frill power and authority to sign and execute, seal and attest, any and all bonds, recognizances, contracts of indemnity, or writings obligatory in the nature of a bond, recognizance, or conditional undertaking, presented and read. Councilman Clark moved that the Certificate of Authority be re- ceived and placed on file. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Petition of Thomas A. Wragg re- questing a refund in the amount of $75.00 on his cigarette permit as he has discontinued business, said refund to cover the unexpired three-quarters of the year, presented and read. Coun- cilman Van Duelman moved that the request be granted and that the City Auditor be instructed to draw a war- rant in the amount of $75.00 on the General Fund in favor of Thomas A. Wragg to cover the amount of refund granted on his cigarette permit. Sec- onded by Councilman Wharton. Car- ried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Petition of L. Schuster requesting a refund in the amount of $75.00 on his cigarette permit as he is discontinuing business until next year, presented and read. Councilman Van Duelman moved that the request be granted and that the City Auditor be instructed to draw a warrant in the amount of $75.00 on the General Fund in favor of L. Schuster to cover the amount of refund granted on his cigarette permit. Seconded by Councilman Wharton. Carried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Petition of J. J. Nagle Estate, by John A. Nagle ,requesting that the City Treasurer by instructed to draw a check in the approximate amount of $632.30 for canceled interest and pen- alties paid on delinquent special assess- ments in order that the same may be applied on the payment of further de- linquent special assessments, presented and read. Councilman Wharton moved that the petition be referred to the City Council. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton. Nays—None. Proof of publication, certified to by the publishers, of a statement of re- ceipts and also a list of claims for which warrants were drawn during the month of August, 1939, presented and read. Councilman Clark moved that the proof of publication be received and filed. Seconded by Councilman Van Duelman. Carried by the follow- ing vote: Yeas—Mayor Murphy, Coun- cilmen Clark, Thompson, Van Duel - man, Wharton. Nays—None. Regular Session, October 2nd, 1939. 273 October 2, 1939. light at the southwest To the Honorable Mayor and City Council, Dubuque, Iowa. corner of Wind - sor and Fast 22nd Street moved to the northeast Gentlemen:— corner adjacent to Provi- dence Street. At the session of the City Council The installation is now complete and held September 5, 1939, the communi- the light was put into service in the cation of Mrs. Frank Zemanek sub- new location on September 29, 1939. mitting a plumbing bill in the amount Respectfully submitted, of $25.94 for damages alleged to have A. A. RHOMBFRG, been caused by city men in removing a tree in front of her residence at 1305 Cit Manager. Y ger. Lincoln Avenue was referred to the City Manager for investigation and re- Councilman Van Duelman moved port. that the communication of City Man- Man - I have inquired into the situation and ager Rhomberg be made a matter of record. Seconded by Councilman find that the Park Board removed a Thompson. Carried by the following tree at the above address and left the vote: Yeas—Mayor Murphy, Council - stump about 18 inches above the men Clark, Thompson, Van Duelman, ground. In answer to a complaint, Wharton. Nays—None. street department employees were sent to remove the stump. On arriving they October 2, 1939. noticed that the water stop box was To the Honorable Mayor and City broken and in grubbing the stump en- Council, Dubuque, Iowa. countered water. Mrs. Zemanek was Gentlemen:— notified of the condition and the city workmen withdrew from the job for At the session of the Cit Y Council several days while water line repairs held August 7, 1939, the communica- were made by Nesler & Buechel, tion of J F. Kemler calling the atten- plumbers, whom Mrs. Zemanek hired. tion of the City Council to the condi- On the completion of the plumbing tion of West Third Street near Col - work the city workmen returned and lege Street was referred to the City removed the stump and replaced the Manager for investigation and report. sidewalk that was broken in the grub- I have examined the conditions men- bing. tioned in the letter and found that sev- From the facts adduced from my in- eral patches of gutter on the south side vestigation I am of the opinion that of West Third Street have poor con - crete that has weathered badly, prob- the water service at 1305 Lincoln Ave- ably from alternate freezing and thaw - nue was not broken by city employees and that the city is not liable for the mg. West Third Street at this point plumbing bill. Therefore, I recommend is an asphalt street with concrete gut - ters that has developed some cracks that the communication be received from age, use and weathering. The and filed. street department has been ordered to Respectfully submitted, P Y make the necessary repairs. A. A. RHOMBFRG, Respectfully submitted, City Manager. A. A. RHOMBERG, City Manager. Councilman Wharton moved that the recommendation of City Manager Councilman Wharton moved that Rhomberg be approved. Seconded by the communication of City Manager Councilman Clark. Carried by the fol- Rhomberg be received and made a lowing vote: Yeas—Mayor Murphy, Van matter of record. Seconded by Coun- Carried by the follow- Councilmen Clark, Thompson, Duelman, Wharton. Nays—None. Gilman Clark. ing vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van October 2, 1939. Duelman, Wharton. Nays—None. To the Honorable Mayor and City Resolution No. 171-39 Council, Dubuque, Iowa. Gentlemen:— Be It Resolved by the City Council Dubuque that the fol - At the session of the City Council held July 20, 1939, the petition of M. of the City of lowing, having complied with the pro - to the sale of A. Herbst et al requesting the Council matter visions of law relating within the City of Dubuque, to reconsider its action in the of installing a street light at the inter- cigarettes be granted a permit to sell cigarettes within said City section of Windsor Avenue and Provi- dence Street was referred to the City and cigarette papers and the Manager is directed to issue behalf of said City: Council to view the grounds. such Permit on Subsequently the Council did view the location and decided to accomplish Name Address Leo Link, 1487 Central Avenue. the purpose by having the overhead 274 Session, October 2nd, 1939. Be It Further Resolved, That the bond filed with the application be ap- proved. Passed, adopted and approved this 2nd day of October, 1939. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk Councilman Van Duelman moved the adoption of the resolution. Second- ed by Councilman Wharton. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thomp- son, Van Duelman, Wharton. Nays— None. Resolution No. 172-39 Whereas, Application for Class "C" Beer Permit has been submitted to this Council for approval and the same has been examined; Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the follow- ing application be and the same is here- by approved and it is ordered that the premises to be occupied by such appli- cant shall be forthwith inspected. Class "C" Permit Name Address 'I enenbom Super -Market, Inc., 630 Locust Street. Passed, adopted and approved this 2nd day of October, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Clark moved the adop- tion of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 173-39 Whereas, Heretofore application was filed by the within named applicant for Class "C" Beer Permit and has re- ceived the approval of this Council; and Whereas, The premises to be occu- pied by them have been inspected 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 lie is hereby directed to issue to the following named applicant a Beer Permit. Class "C" Permit Name Address Tenenbom Super -Market, Inc., 630 Locust Street. Be It Further Resolved, That the bond filed by such applicant be and the same is hereby approved. Passed, adopted and approved this 2nd day of October, 1939. GEO. R. MURPHY, Mayor. FRANK VAIN DUELMAN, ALBERT WHARTON, CARL, A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Clark moved the adop- tion of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thomp- son, Van Duelman, Wharton. Nays— None. Resolution No. 174-39 Whereas, Applications for Class "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 here- by approved and it is ordered that the premises to be occupied by such appli- cants shall be forthwith inspected. Class "B" Permit Name Address Dorrance Clancy and Mrs. Margaret Clancy (Transfer of address from 336 Main Street), 469 Main Street; Dor- rance Clancy and Mrs. Margaret Clan- cy (Renewal), 469 Main Street. Passed, adopted and approved this 2nd day of October, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Regular Session, October 2nd, 1939. 275 Councilman Thompson moved the adoption of the resolution. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thomp- son, Van Duelman, Wharton. Nays— None. Resolution No. 175-39 Whereas, Heretofore applications were filed by the within named appli- cants for Class "B" Beer Permits and they received the approval of this Council; and Whereas, The premises to be occu- pied by them have been inspected and found to comply with the ordinances of this City and they have filed a prop- er 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 following named persons a Beer Permit: Class "B" Permit Name Address Dorrance Clancy and Mrs. Margaret Clancy (Transfer of address from 336 Main Street), 469 Main Street; Dor- rance Clancy and Mrs. Margaret Clan- cy (Renewal), 469 Main Street. Be It Further Resolved, That the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 2nd day of October, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the resolution. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Mur- phy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 176-39 Whereas, Applications for Class "B" Beer Permits have been submitted to this Council for approval and the � Tome have been examined; Now, Be It Resolved by the Council of the City of Dubuque that the following applications be and the same are here- by approved and it is ordered that the premises to be occupied by such apP li- cants shall be forthwith inspected. Class "B" Permit Name Address Hubert Meissen and Veronica Mels - sen, 1389 Elm Street; J. H. Jassman, 390 East 12th Street; Eugene P. Mc- Cann, 802 Iowa Street; Joseph W. Hanten and Virginia Hanten, 2220 Del- hi Street; Edward J. Duccini and Ma- bel Duccini, 1698 Maple Street; Mrs. Elsie Recker (Transfer of address from 1766 Central Avenue), 127 West Sixth Street; Mrs. Elsie Recker (Renewal), 127 West Sixth Street. Passed, adopted and approved this 2nd day of October, 1939. GEO. R. MURPHY, Mayor FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Thompson. Car- ried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 177-39 Whereas, Heretofore applications were filed by the within named appli- cants for Class "B" Beer Permits s the they received the approval Council; and Whereas, The premises to be occu- pied by them have been inspected 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 herebyand he is the following nemedpeso s issue to a Beer Permit: Class "B" Permit Hubert Meissen and VeronicasMeln- sen, 1389 Elm Street; J. H. Ja 390 East 12th Street; Eugene P.Mc- Cann, 802 Iowa Street; Joseph W. Hanten and Virginia ante iii n, 2220 Ma- el - hi Street; Edward J. Ma- bel Duccini, 1698 Maple Street; Mrs. Elsie Recker (Transfer of address from Sixth 1766 Central Avenue), 127 West Str «'est s. El ie Recker ( Renewal), 13e It Further Rrsolved, That the bonds filed by such applicants be and the same are hereby approved. 276 Session, October 2nd, 1939. Passed, adopted and approved thig .2nd day of October, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Wharton. Car- ried by the following vote. Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. October 2, 1939. Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen:— Under date of September 19, 1939, there was referred to this office, the petitions of Mrs. Katie A. Miller, Mrs. Mary Doyle and James Sullivan for the suspension of 1938 taxes. I have investigated these petitions and attach hereto my report on the findings. Yours very truly, AL. J. NELSON, City Solicitor. Councilman Van Duelman moved that the communication of City Solici- tor Nelson be made a matter of record. Seconded by Councilman Clark. Car- ried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Councilman Clark moved that the pe- tition of Mrs. Katie A. Miller, request- ing suspension of the 1938 taxes on Lots 9 and 10 of Johnston's Subdivi- sion, be granted and that the Board of Supervisors be notified of the action of the City Council. Seconded by Coun- cilman Thompson. Carried by the fol- lowing vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Councilman Clark moved that the petition of James Sullivan, requesting cancellation of the 1938 taxes on the South one-half of City Lot 332, be granted and that the Board of Super- visors be notified of the action of the City Council. Seconded by Council- man 'Thompson. Carried by the fol- lowing vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Councilman Clark moved that the pe- tition of Mrs. Mary Doyle, requesting cancellation of the 1938 taxes on the North % of City Lot 554, Lot 2 of City Lot 555 and Lot 4 of City Lot 555, be granted and that the Board of Super- visors be notified of the action of the City Council. Seconded by Councilman Thompson. Lost by the following vote: Yeas—Councilmen Clark and Thompson. Nays—Mayor Murphy, Councilmen Van Duelman and Whar- ton. Resolution No. 178-39 Whereas, Under appropriate pro- ceedings heretofore taken by this Coun- cil, a certain structure located upon City Lot 193, in the City of Dubuque, Iowa, owned .by Wm. Lawther, has been declared to be dangerous, due to dilapidation, lack of repair, and other causes, and the owners thereof were given an opportunity to be heard and to show cause why said building should not be declared to be a nuisance and ordered abated; Now, Therefore, Be It Resolved by the City Council of the City of Dubuque after full and fair consideration, that the building above described be, and the same is hereby declared to be a nuisance and it is ordered abated and taken down on or before the 2nd day of December, 1939. Be It Further Resolved that the Building Commissioner be, and he is hereby directed to serve upon the said Wm. Lawther, a written notice requir- ing him to abate said nuisance and to take down and demolish said building on or before the 2nd day of December, 1939, attaching to said notice copy of this resolution. Be It Further Resolved that should said owner fail to demolish or abate said nuisance within the time herein provided, then and in that event said building shall be demolished and taken down and the nuisance caused thereby shall be abated by and under the direc- tions of the Chief of the Fire Depart- ment of the City of Dubuque, and all costs thereof and expenses incident thereto shall be assessed against the above described real estate. Passed, adopted and approved this 2nd day of October, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL, A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Regular Session, October 2nd, 1939. Councilman Van Duelman moved the adoption of the resolution. Second- ed by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson Van Duelman, Wharton. Nays—Non Reesolution No. 179-39 Whereas, Under appropriate pro- ceedings heretofore taken by this Council, certain structures on Lots 347 and 348, in the City of Dubuque, Iowa, owned by the Dubuque Biscuit Co. have been declared to be dangerous, due to dilapidation, lack of repair, and other causes, and the owners thereof were given an opportunity to be heard and to show cause why said building should not be declared to be a nui- sance and ordered abated; Now, There- fore Be It Resolved by the City Council of the City of Dubuque after full and fair consideration, that the buildings above described be, and the same are hereby declared to be a nuisance and it is ordered abated and taken down on or before the 2nd day of December, 1939. Be It Further Resolved, That the Building Commissioner be, and he is hereby directed to serve upon the said Dubuque Biscuit Company written no- tice requiring them to abate said nui- sance and to take down and demolish said buildings on or before the 2nd day of December, 1939, attaching to said notice copy of this resolution. Be It Further Resolved, That should said owner fail to demolish or abate said nuisance within the time herein provided, then and in that event said building shall be demolished and taken down and the nuisance caused thereby shall be abated by and under the directions of the Chief of the Fire Department of the City of Dubuque, and all costs thereof and expenses in- cident thereto shall be assessed against the above described real estate. Passed, adopted and approved this 2nd day of October, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. 277 Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 180-39 Whereas, Under appropriate pro- ceedings heretofore taken by this Council, a certain structure located upon Lots 2 and 4 of 555 in the City of Dubuque, Iowa, owned by Mary F. Doyle, have been declared to be dan- gerous, due to dilapidation, lack of re- pair, and other causes, and the owners thereof were given an opportunity to be heard and to show cause why said buildings should not be declared to be a nuisance and ordered abated; Now, Therefore Be It Resolved by the City Council of the City of Dubuque after full and fair consideration, that the buildings above described be, and the same are here])_\, declared to be a nuisance and the\, are ordered abated and taken down on or before the 15th day of April, 1940. F,e It Farther Resolved, That the Building Commissioner be, and he is hereby directed to serve upon the said \far\, F. Doyle, a written notice re- quiring her to abate said nuisance nr to take down and demolish said buildings Oil or before the 15th clay of April, 1940, attaching to said notice copy of this resolution. Be It Further Resolved. That should said owner fail to demolish or abate said nuisance within the time herein provided, then and in that event said buildings shall be demolished and tak— en down and the nuisance caused thereby shall be abated by and under the directions of the Chief of the Fire Department of the City of Dubuque, sel Ill - and cidentlltheretotand Ile i assessed against the above described real estate. s Passed, adopted and approved thi 2nd clay of October, 1939. CEO. R. Nit 1RPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. 'rHOMPSON, Councilmen. Atte't: J. J. SHLA. City Clerk. A. 278 Regular Session, October 2nd, 1939. Councilman Van Duelman moved the adoption of the resolution. Sec– onded by Councilman Thompson. Car– ried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 181-39 Whereas, Under appropriate pro– ceedings heretofore taken by this Coun– cil, a certain structure located upon the North one–third of City Lot 554, in the City of Dubuque, Iowa, owned by Mary F. Doyle has been declared to be dangerous, due to dilapidation, lack of repair, and other causes, and the owners thereof were given an op– portunity to be heard and to show cause why said building should not be declared to be a nuisance and ordered abated; Now, Therefore Be It Resolved by the City Council of the City of Dubuque after full and fair consideration, that the buildings above described be, and the same are hereby declared to be a nuisance and they are ordered abated and taken down on or before the 15th day of April, 1940. Be It Further Resolved, That the Building Commissioner be, and he is hereby directed to serve upon the said Mary F. Doyle, a written notice re– quiring her to abate said nuisance and to take down and demolish said build– ings on or before the 15th day of April, 1940, attaching to said notice copy of this resolution. Be It Further Resolved, That should said owner fail to demolish or abate said nuisance within the time herein provided, then and in that event said buildings shall be demolished and tak– en down and the nuisance caused there– by shall be abated by and under the directions of the Chief of the Fire De– partment of the City of Dubuque, and all costs thereof and expenses inci– dent thereto shall be assessed against the above described real estate. Passed, adopted and approved this 2nd day of October, 1939. GEO. R: MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Councilman Van Duelman moved the adoption of the resolution. Sec– onded by Councilman Wharton. Car– ried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 182-39 Whereas, Under appropriate pro– ceedings heretofore taken by this Coun– cil, a certain structure located upon City Lot 195 in the City of Dubuque, Iowa, owned by the Klauer Julien Ho– tel Co. has been declared to be dan– gerous, due to dilapidation, lack of re– pair, and other causes, and the owners thereof were given an opportunity to be heard and to show cause why said building should not be declared to be a nuisance and ordered abated; Now, Therefore Be It Resolved by the City Council of the City of Dubuque after full and fair consideration, that the buildings above described be, and the same are hereby declared to be a nuisance and they are ordered abated and taken down on or before the 2nd day of De– cember, 1939. Be It Further Resolved that the Building Commissioner be, and he is hereby directed to serve upon the said Klauer Julien Hotel Co. a written no- tice requiring it to abate said nuisance or to take down and demolish said building on or before the 2nd day of December, 1939, attaching to said no- tice copy of this resolution. Be It Further Resolved that should said owner fail to demolish or abate said nuisance within the time herein provided, then and in that event said buildings shall be demolished and taken down and the nuisance caused thereby shall be abated by and under the direc- tions of the Chief of the Fire Depart- ment of the City of Dubuque, and all costs thereof and expenses incident thereto shall be assessed against the above described real estate. Passed, adopted and approved this 2nd day of October, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest. J. J. SHEA, City Clerk. I Attest: J. J. SHEA, City Clerk. Regular Session, October 2nd, 1939 Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Mur- phy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 193-39 Whereas, Under appropriate proceed- ings heretofore taken by this Council, certain building on Lot 3 of Lot 9, Union Addition in the City of Du- buque, Iowa, owned by C. J. Jung- wirth and S. Wiedner has been declared to be dangerous, due to dilapidation, lack of repair, and other causes, and the owners thereof were given an op- portunity to be heard and to show cause why said building should not be declared to be a nuisance and ordered abated; Now, Therefore, Be It Resolved by the City Council of the City of Dubuque, after full and fair consideration, that the building above described be, and the same is hereby declared to be a nuisance and it is ordered abated and taken down on or before the 2nd day of December, 1939. Be It Further Resolved that the Building Commissioner be, and he is hereby directed to serve upon the said C. J. Jungwirth and S. Wiedner a writ- ten notice requiring them to abate said nuisance and to take down and demol- ish said building on or before the 2nd day of December, 1939, attaching to said notice copy of the resolution. Be It Further Resolved that should said owners fail to demolish or abate said nuisance within the time herein provided, then and in that event said building shall be demolished and taken down and the nuisance caused thereby shall be abated by and under the direc- tions of the Chief of the Fire Depart- ment of the City of Dubuque, and all costs thereof and expenses incident thereto shall be assessed against the above described real estate. Passed, adopted and approved this 2nd day of October, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUEL'M \N ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. 279 Councilman Van Duelman moved the adoption of the resolution. Second- ed by Councilman Wharton. Carried by the following vote: Yeas—Mayor tliurphy, Councilmen Clark, Thompson, Van Duelntan, Wharton. Nays—None. Resolution No. 184-39 NVhereas, Under appropriate proceed- ings heretofore taken by this Council, certain building on Lot 10, Central Ad- dition, in the City of Dubuque, Iowa, owned by Richard Fuhrmann and/or Joh„ O'Brien has been declared to be dangerous, due to dilapidation, lack of repair, and other causes, and the own- ers thereof were given an opportunity to Ile heard and to show cause why said building should not be declared to be a nuisance and ordered abated; Now, Therefore, Be It Resolved by the City Council of the City of Dubuque, after full and fair consideration, that the building above described be, and the same is hereby declared to be a nuisance and it is ordered abated and taken down on or before the 2nd day of December, 1939. Be It Further Resolved that the Building Commissioner he, and lie is hereby directed to serve upon the said Richard Fuhrman and/or John O'Brien a written notice requiring him to abate said nuisance and to take down and demolish said buildings on or before the 2nd day of December, 1939, at- taching to said notice copy of the reso- lution. Be It Further Resolved that should said owner fail to demolish or abate said nuisance within the time herein provided, then and in that event said building shall be demolished and taken down and the nuisance caused thereby shall be abated by and under the direc- tions of the Chief of the Fire Depart- ment of the City of Dubuque, and all thereofcosts heretoshall be'tassessed stagain td ttlle above described real estate. Passed, adopted and approved this 2nd day of October, 1939. GEO. R. Mt RPliy, Mayor. FRANK VAN DUELMAN, ALBERT \\'HARTON, CARL A. C1,.\RK, F. \V. '1THO>Nfl'SON, Councilmen. Attest: J. J. ,, A, City Clerk. 280 Regular Session, October 2nd, 1939. Councilman Van Duelman moved the adoption of the resolution. Second- ed by Councilman Wharton. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 185-39 Whereas, Under appropriate proceed- ings heretofore taken by this Council, certain structure on the South One-half of Lot 19, Correll's Subdivision, in the City of Dubuque, Iowa, has been de- clared to be dangerous, due to dilapida- tion, lack of, repair, and other causes, which building is owned by the Anchor Investment Co., and the said owners thereof were given an opportunity to be heard and to show cause why said building should not be declared to be a nuisance and ordered abated; Now, Therefore, Be It Resolved by the City Council of the City of Dubuque, after full and fair consideration, that the building above described, be, and the same is hereby declared to be a nuisance and it is ordered abated and taken down on or before the 2nd day of December, 1939. Be It Further Resolved that the Building Commissioner be, and he is hereby directed to serve upon the said Anchor Investment Co. a written no- tice requiring them to abate said nui- sance and to take down and demolish said building on or before the 2nd day of December, 1939, attaching to said notice copy of the resolution. Be It Further Resolved that should said owner fail to demolish or abate said nuisance within the time herein provided, then and in that event said building shall be demolished and taken down and the nuisance caused thereby shall be abated by and under the direc- tions of the Chief of the Fire Depart- nrcnt of the City of Dubuque, and all costs thereof and expenses incident thereto shall be assessed against the above described real estate. Passed, adopted and approved this 2nd day of October, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON. CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Second- ed by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 186-39 Whereas, Under apprupriate proceed- ings heretofore taken by this Council, a certain structure located on City Lot 238 in the City of Dubuque, Iowa, owned by P. J. and Minnie Norton has been declared to be dangerous, due to dilapidation, lack of repair, and other causes, and the owners thereof were given an opportunity to be heard and to show cause why said building should not be declared to be a nuisance and ordered abated; Now, Therefore, Be It Resolved by the City Council of the City of Dubuque after full and fair consideration, that the building above described be, and the same is hereby declared to be a nuisance and it is ordered abated and taken down on or before the 2nd day of December, 1939. Be It Further Resolved that the Building Commissioner be and he is hereby directed to serve upon the said P. J. and Minnie Norton a written no- tice requiring them to abate said nui- sance and to take down and demolish said building on or before the 2nd day of December, 1939, attaching to said notice copy of this resolution. Be It Further Resolved that should said owner fail to demolish or abate said nuisance within the time herein provided, then and in that event said building shall be demolished and taken down and the nuisance caused thereby shall be abated by and under the direc- tions of the Chief of the Fire Depart- ment of the City of Dubuque, and all costs thereof and expenses incident thereto shall be assessed against the above described real estate. Passed, adopted and approved this 2nd day of October, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Kegular Session, October 2nd, 1939. Councilman Van Duelman 281 the adoption of the resolution, moved Councilman ed by Councilman Wharton. Caroried Van Duelman moved tnd-he adoption of the resolution. Second - by the following vote: YeasMayored by Councilman Wharton. Carried by Murphy, Councilmen Clark, Thompson, Murphyhfollowing vote: Yeas—Mayor Van Duelman, Wharton. Nays—None, . Councilmen Clark. Thompson, Van Duelman, Wharton. Nays—None. Reesolution No. 187.39 Whereas, Under appropriate proceed- ings heretofore taken by this Council, a certain structure located on Lot 1 of Mineral Lot 145 in the City of Du- buque, Iowa, owned by Patrick O'Shea. has been declared to be dangerous, due to dilapidation, lack of repair, and other causes, and the owners thereof were given an opportunity to be heard and to show cause why said building should not be declared to be a nuisance and ordered abated; Now, Therefore, Be It Resolved by the City Council of the City of Dubuque after full and fair consideration, that the building above described be, and the same is hereby declared to be a nuisance and it is ordered abated and taken down oil or before the 2nd day of December, 1939. Be It Further Resolved that the Building Commissioner be, and he is hereby directed to serve upon the said Patrick O'Shea a written notice requir- ing him to abate said nuisance and to take down and demolish said building on or before the 2nd day of December, 1939, attaching to said notice copy of this resolution. Be It Further Resolved that should said owner fail to demolish or abate said nuisance within the time herein provided, then and in that event said building shall be demolished and taken down and the nuisance caused thereby shall be abated by and under the direc- tions of the Chief of the Fire Depart- ment of the City of Dubuque, and all costs thereof and expenses incident thereto shall be assessed against the above described real estate. Passed, adopted and approved this 2nd day of October, 1939. GEO. R. MUI,PHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Resolution No. 188-39 Whereas, Under appropriate proceed- ings heretofore taken by this Council, a certain building on City Lot 22. Union Addition, to the City of Du- buque, Iowa, and owned by Wm. j. Robinson and J. P. Hanten, Mortgagee, has been declared to be dangerous, due to dilapidation, lack of repair, and other causes, and the owner thereof was giv- en an opportunity to be heard and to show cause why said building should not be declared to be a nuisance and ordered abated; Now, Therefore, Be It Resolved by the City Council of the City of Dubuque after full and fair consideration, that the building above described be, and the same is hereby declared to be a nuisance and it is ordered abated and taken down on or before the 2nd day of December, 1939. Be It Further Resolved that the Building Commissioner be, and he is hereby directed to serve upon the said Will. J. Robinson, and J. P. Hanten a written notice requiring them to abate said nuisance and to take down and demolish said building on or before the 2nd day of December, 1939, attaching to said notice copy of this resolution. Be It Further Resolved that should said owner fail to demolish or abate said nuisance within the time herein provided, then and in that event said building shall be demolished and taken down and the nuisance caused thereby shall be abated by and under the direc- tions of the Chief of the Fire Depart- ment of the City of Dubuque, and all costs thereof and expenses incident thereto shall be assessed against the above described real estate. Passed, adopted and approved this 2nd day of October, 1939. GEO, R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. I Attest: J. J. SHEA, City Clerk. 7II7 Re¢ular Session, October 2nd, 1939. Councilman Van Duelman moved the adoption of the resolution. Second- ed by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 189-39 Whereas, Under appropriate proceed- ings heretofore taken by this Council, a certain structure located on Lot 14, Yates' Sub., in the City of Dubuque, Iowa, owned by Catherine Smith has been declared to be dangerous, due to dilapidation, lack of repair, and other causes, and the owners thereof were given an opportunity to be heard and to show cause why said building should not be declared to be a nuisance and ordered abated; Now, Therefore, Be It Further Resolved by the City Council of the City of Dubuque after full and fair consideration, that the building above described be, and the same is hereby declared to be a nui- ance and it is•ordered abated and tak- n d&wnon• yr bir`ofe the 2nd day of November, 1939. Be It Further Resolved that the Building Commissioner be, and he is hereby directed to serve upon the said Catherine Smith, a written notice re- quiring them to abate said nuisance and to take down and demolish said build- ing on or before the 2nd day of Novem- ber, 1939, attaching to said notice copy of this resolution. Be It Further Resolved that should said owner fail to demolish or abate said nuisance within the time herein provided, then and in that event said building shall be demolished and taken down and the nuisance caused thereby shall be abated by and under the direc- tions of the Chief of the Fire Depart- ment of the City of Dubuque, and all costs thereof and expenses incident thereto shall be assessed against the above described real estate. Passed, adopted and approved this 2nd day of October, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL, A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Second- ed by Councilman Wharton. Carried by the following vote: Yeas—Mayor Murphy; Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 190-39 Whereas, Under appropriate proceed- ings heretofore taken by this Council, a certain structure located upon the E. 33' 6" of City Lot 643, in the City of Dubuque, Iowa, owned by C. F. Hay, Muncie, Indiana, and Mrs. Frances Stark of Detroit, Michigan, sole and surviving legal heirs of J. E. Fairbanks, has been declared to be dangerous, due to dilapidation, lack of repair, and other causes, and the owners thereof were given an opportunity to be heard and to show cause why said building should not be declared to be a nuisance and ordered abated; Now, 'Therefore, Be It Resolved by the City Council of the City of Dubuque after full and fair consideration, that the building above described be, and the same is hereby declared to be a nuisance and it is ordered abated and taken down on or before the 15th day of April, 1940. Be It Further Resolved that the Building Commissioner be, and he is hereby directed to serve upon the said C. F. Hay and Mrs. Frances Stark a written notice requiring them to abate said nuisance and to take down and demolish said building on or before the 15th day of April, 1940, attaching to said notice copy of this resolution. Be It Further Resolved that should said owner fail to demolish or abate said nuisance within the time herein provided, then and in that event said building shall be demolished and taken down and the nuisance caused thereby shall be abated by and under the direc- tions of the Chief of the Fire Depart- ment of the City of Dubuque, and all costs thereof and expenses incident thereto shall be assessed against the above described real estate. Passed, adopted and approved this 2nd day of October, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL, A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J, SHEA, City Clerk. Regular Session, October 2nd, 1939. 283 Councilman Van Duelman moved the adoption of the resolution. Second- ed by Councilman Wharton. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 191-39 Whereas, Under appropriate proceed- ings heretofore taken by this Council, certain structure on Lot 284 Bast Du- buque No. 2 Addition, in the City of Dubuque, Iowa, owned by the Realty Inv. Corp., has been declared to be dangerous, due to dilapidation, lack of repair, and other causes, and the own- ers thereof were given an opportunity to be heard and to show cause why said building should not be declared to be a nuisance and ordered abated; Now, Therefore, Councilman Van Duelman moved the adoption of the resolution. Second- ed by Councilman Wharton. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. There being no further business Councilman Thompson moved to ad- journ. Seconded by Councilman Clark. Carried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. J. J. SHEA, City Clerk. or Approved 1pau _T-_ 1939. LLJJ Adopted%�JI�CPN-t•N+� 1939. Be It Resolved by the City Council of the City of Dubuque, after full and fair consideration, that the buildings above described be, and the same is hereby declared to be a nuisance and it is ordered abated and taken down on or before the 2nd day of December, Co 1939. Be It Further Resolved that the Building Commissioner be, and he is hereby directed to serve upon the said Realty Inv. Corp. written notice requir- ing them to abate said nuisance and to take down and demolish said buildings on or before the 2nd day of December, 1939, attaching to said notice copy of the resolution. Be It Further Resolved that should said owner fail to demolish or abate said nuisance within the time herein provided, then and in that event said building shall be demolished and taken down and the nuisance caused thereby shall be abated by and under the direc- tions f f the Depart- ment the of e CityofDubuque, Dandaall thereofcosts ent theretoshall be assessed againstdthe above described real estate. Passed, adopted and approved this 2nd day of October, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON. CARL A. CLARK, F. W. THOMPSOu Coilmen. Attest: J. J. SHEA, City Clerk. C� , .-!� -- --------- Z 1"` LI( !�Y[ NK-- --K,- Attest: -- - -City Clerk. 284 1 Session, October 6th, 1939. City Council (Official.) Special Session, October 6th, 1939. Council met at 5:40 P. M. Present—Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton, City Manager Rhomberg. Meeting called by order of Councilmen Clark and Thompson. Mayor Murphy read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of considering the report and recommendation of City Manager Rhomberg and City Treasur- er Puls upon the petition of the Peter T. Seippel Lumber Company, in which petition the Peter J. Seippel Lumber Company requests the waiving of pen- alties on special assessments levied against their property as set out in their petition, and acting on any other busi- ness as may properly come before a regular meeting of the City Council. Petition of Carl L. Grabow, Director of Recreation, requesting permission for the holding of a Halloween parade and street dance on Tuesday evening, October 31, 1939, presented and read. Councilman Clark moved that the re- quest be granted. Seconded by Coun- cilman Thompson. Carried by the fol- lowing vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Council Proceedings for the month of August, 1939, presented for approval. Councilman Clark moved that the Council Proceedings for the month of August, 1939, be approved as printed. Seconded by Councilman Wharton. Carried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 192-39 Be It Resolved by the City Council of the City of Dubuque that the fol- lowing, having complied with the pro- visions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City: Name Address John A .Armstrong, 398 Main Street. Be It Further Resolved that the bond filed with the application be approved. Passed, adopted and approved this 6th day of October, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL, A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Clark moved the adop- tion of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. October 6, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen This is to advise that I have ap- proved'the following bond and policy and desire to have your approval on same for filing: Personal C. J. McCarthy, Harbor and Market Master, No. 831463, New Amsterdam Casualty Co. Taxicab Yellow Cab Company, 9th and Iowa Streets, Policy No. 8765, Lloyd's, Lon- don. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Clark moved that the bonds be approved and placed on file. Seconded by Councilman Thompson. Carried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. October 6, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen:— At the session , of the City Council, held October 2, 1939, the petition of the Peter J. Seippel Lumber Co. requesting the waiving of penalties on special as- sessments levied against the following described property: Sub. of City 551 Lots 1, 2 and 3. Sub. of City S 84' of 552A. Sub. of City N 50' of 552A. Dub. Har. Co. Add. Lot 1 B13, Dub. Har. Co. Add. Lot 2 B13. Dub. Har. Co. Add. Lot 3 B13. Dub. Har. Co. Add. Lot 10 B13 Dub. Har. Co. Add. Lot 11 B13 Dub. Har. Co. Add. Lot 12 B13. Sub. 3 Industrial Sub. Lot 2, Blk. C. Sub. 17 Wilson's Sub. Lot 2). Sub. 18, Wilson's Sub. Lot 2). Special Session, October 6th, 1939. 285 was referred to the City Manager and Treasurer for investigation and report. We have examined the records in the offices of the County Anditor and County Treasurer and have listed the informatioll there obtained on the at - ".ached twO sheets, showing the amounts in%4+Tved in tax certificates and the de- linquents unpaid since the certificate, were issued. We recommend that the matter of the delinquency involved in certificates be adjusted by the petitioner paying in the office of the County Atiditor the principal amount of the assessments plus 50/0 interest to October 27, 1939, plus advertising costs and that •I war- ra ant be ordered dr%%n on the Special Bonded Fund in the amount of $393.87 .representing the penalties thus waived. We further reconunt•nd that the mat- . ter of the delingtlency- since the t•er- tificates were issued Ile atlillstetl by iu- I atructing the Count}% 'I"reasurer to ac- cept in full payment thereof the princi- pal amounts of said delinquent special assessments with interest thereon at e/o per anntttn pills advertisillg rherehr ,.airing the penalties. Respcctftllly submitted. \..\. RHpNMERl'.. Cit- Managcr. Couucilutan Clark nno-cd that the -ecommendation of City' &Tanager Rhonlberg and City Treasurer Puls he approved and that the City Auditor be instructed to draw ,I warrant in the amotmt of $393.87 against the Special r,onded Feud representing the penal ties waived and that the County Audi- t and Counh "Treasurer bt instructed t, recomnlentjed. Sec.Iudc•tl by Couti- cilnlan 'I•hompsoll. C;u'ricd ly the fol \. iowitig eotc: \.e'�I` \lavor Turpll,\ Cotutc•ill,lcll Ckirk, I Il nils n, �.uelman, I bug to advist• that 1 pace complet ed irne,tigation of thi- claim and find tImt this accident olid take place as in diclted in said claim, and that there dOeS exist in Adair Street just North of \\ c,t l•lth Street, a manhole pipe which extent,, above the surface of ground of street about 6 or 8 inches. and that the top of thi- manhole pipt•, which is of iron or steel. i. very ,harp 1,11i, pipe is just east of the center of this ,treet and partly ulcered by gr ,,\%, inc ,+reds. I also' investigated the c''nditio❑ of the tire, of claimant's car and found that both the front ami rear tires and tube, used on tilt. right ,ide of the car %vert cut damaged and punctured, ne ressitating their replacement by t -o net, tires. I ain Satisfied that tilt• condition of the nlauhoke in this street constitutes :nl ohstrtictiorl and nuisance and that the Cit. is liable in this case and t. tlivl,efure, recommend that the claim be al1mved in the sum of $26.88 and that upon signing thereceipt and release. i%varratlt he dr:ttcn payable to Rcifshck in tilt. ,un, of 52688 I ,tin ,etnrning the claim herewith. Respectfully submitted. Af,. 1. NVJ `-,0 N. Cit\Soliclt(.1 To the Honorable Alayor and Cit, Council, Dtibmilic•. Iowa. Re: Clain, rl l rt•lltlelllell:— On Oct0ht•r ' It)39, the Cit>' Comlcil referred to nn for invcstigatior' anttileil wort the cla oil,; ). fol d %mages to his Septeulher ). I lutonulbilc,alleged �" Ih)�e. e�ntl\dair curred Scptcnlll(r Street Inst .If \\ cit 14 `tree% «hen Ili ran into ;incl ull:�ct ni t" the `rttding n,auhilt. pipe h- reason 1'f _oad%ca,y in the street vVilich loth tire, ;uld inner tul'rarol` tit, I right sick of tie clainlaut' crit and punctured, and neress,tated the ,urchase of hvei ue%v til t. clai,n nn' Lich %,:1< filed iu tilt ,unl of 526,88. t•„llmilni:tn Van Uuelntan moved that the rt, o timendati011 of City 5o licitor Acton Ile approved and that the Cite :\editor he instructed to drat%• a warrant in the amount of $26.88 against the General Fund in favor of A. W Reilsteck as settlement in fall of tilt ait e claim of said A. \V. Reifsteck. l dalnace heing caused in striking a trn(liup manhole pipe on Adan inst north of West I -4th Street ,,•„�Icd by Councilman Clark. Car \ild h, tilt• following vote: Yca- 11 urp1 n f) tltuncilrnell Clark, Va el Hall, Wharton I'I,olnl .nu. \a.• \I uc. ( )ctnit•r 6, 1930 Ilona able \i ay or anrd City Council, f>nhulluc. I��%c:,. Rc Claim of john Rjerkr 1,1'11 tlelile•I1: nn .August 3(l, 1939, the City Council cicrrcrl to ult for investigation and re ort the claim of John 13jerke filed d port it)39, asking for payment „ct,,, bells anti Ins, of time• man UD t:ltell :uuo,l„t oo account of injuries alleged to have been sustained on Aug est ln, 1939, Hhile the claimant was at fu, le Point Park for a picnic supper aull ieli neer :, %%all and broke hie left %%ri-t. I }Ire., t�� arl.i.e that l have• conthletrd tig',tion of tl f`rnu-tCtatc�dthrl�nnurt �ll , the I,a%% 286 Special Session, October 6th, 1939_ tenance of a public park of the City is the exercise of a governmental func- tion, and the City is not liable for dam- ages for the negligence of any of its officers or employees engaged in the maintenance of said park. In view of this I respectfully recom- mend that the claim be denied. 1 am returning herewith the original claim as filed with the City Clerk. Yours very truly, AI,. J. NELSON, City Solicitor Councilman Clark moved that the recommendation of City Solocitor Nel- son be approved and that the claim be disallowed. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Murphy, Council- men Clark, 'Thompson, Van Duelman, Wharton. Nays --None. October 6, 1939. Honorable Mayor and City Council, Dubuque, Iowa. Re: Claim of Mrs. Fred Busch t;enticnten:-- At a meeting of the City Council oil Ma ' v 16, 1939, there was referred to me forinvestigation and report the claim of Mrs. Fred Busch filed May 9, 1939, for damages in the sum of $200.00 for injuries alleged to have been sustained by the claimant on the 6th day of ,N1 arch, 1931), while the claimant was %i dl,ing on the Westerly side of Jack -'Street bel%%cen Fifteenth Street and Sixteenth Street, when she is al- leged to have fallen on all icy sidewalk, fracturing her left arm and which claim alleges that her injuries were clue to the negligence of the City. 1 beg to advise that I have complet- ed intion of this claim and find that this \c Ak was covered at the time with ;+ thin coating of slippery ice which %vas not in such condition as to make the city, liable for any person falling therewm. I further find that this accident hap- pened on Match 6, 1939, aml that claim t thV'Tfor was not fil d with the• city un- til Mity 9, M39, more titan sixty days „ after the happening of the accident, and that under the provision; „f S, ctiott 11007 of the Code of Iowa „f 1931 the claim is outlawed in that it was not filed with the City within sixty days from the happening of the injury. I would, therefore, respectfully rec- otnmend that the claim be denied. I am returning the original of the claim here- with. Respectfully submitted, AL. J. NELSON, City Solicitor. Councilman Clark moved that the recommendation of City Solicitor be ap• proved and that the claim be disal- lowed. Seconded by Councilman Thompson. Carried by the following vote: Yeas --Mayor Murphy, Council• inen Clark, 'Thompson, Van Duelman. Wharton. Nays—None. October 6, 1939. Honorable Mayor and City Council Dubuque, Iowa. R.e: Claim of Mary Van Vors Gentlernen:— On February 27, 1939, there was re (erred to me for investigation and re- port the claim of Miss Mary Van Vors, filed February 14, 1939, for damages in the sum of $175.00 on account of in jnries alleged to have been sustainer by her on January 2, 1939, in a fall or. the crosswalk upon the South side of "Twentieth Street, at the intersection of Tackson Street, in the City of Dubuque, in which the claimant alleged injurie•+ were sustained by her consisting of broken wrist and other injuries, said claim alleging that said damages were due to the rough and uneven conditio:t. -f the snow and ice upon this cross. Ncalk and to the negligence of the City I beg to advise that I have counpletej an investigation of the facts and cir cutvstances surrounding this claim an.q find, that the claimant did ;ii oaiii tit - injuries alleged to have been :u,tainc d by her in a fall at the place in gnestir ?. on the date alleged, and that at til, time said injuries were snst, incd, they - Was considerable icc• and ,t ,w upon the crosswalk where this accident han- pened in such a rough and uneven con• clition that negligence might be impute'l to the City and made the basis of a suis against the Citv. From the evidenc,, adduced as the result of the investiga. tionm;i,le, I aut convinced that there' was liability in this case. I farther find that the claimant at the time of her alleged injury, gloved at the A. Y. McDonald C,n pane and earning approximately X20.0" per week, ,111,1 that she was enable I. work for :1 l,rri,nd 'If five weeks. I 1e11 ctfully' recommend that thi claim he settled by the payment to th• claimant (If the sum of One Hundred Fifty and 11„!100 ($150.00) Dollars, an f that upon her signing the enclosed r ccipt and release, a warrant be drawl+ in the sum of One Hundred Fifty 1$150) Dollars, payable to 'Mary V:a,l Vors. I am returning the claim herewith. Respectfully submitted, A1,. J. NELSON. City Solicitor Special. Session, October lith, 1939. i1t7 �:ouuciltnan Van Duelman moved that the recommendation of City So- licitor Nelson be approved and that t}te City Auditor he instructed to draw a warrant in the amount of $150.00 oil the General Fund in favor of Mary Van Vors as settlement in full of her personal inury claim caused in a fall on the crosswalk upon the South side of Twentieth Street at the intersection of Jackson Street. Seconded by Council- man Thompson. Carried by the fol- lowing vote: 1-c,ts--,Mayor Murphy, Councilmen Clark, Thompson, Van Duelman. wharton. Nay'; ---None. t trtobcr 6, 1939 1401101'ablu y1:ty,.' nd City Council, Dubugrtc• lntva. Rr: Claim Reesit 1, linrhm Gentlemen: At a o, If the City Council ou there was referred to ;r.t tion and r, 1 rite I,. Bochl„• ,.p- trn11?r' _ 1939. for 1a1' her aUlUlit��l lilt tl1i'F;ed b.l 'I'::. •, �n �'.t- taiued on nlber 31. 19:" l,r,l , right fl -mit Urr and nll- 'I actotu'thile were cut. destro''CII bV rea<rnl 1 It•t(rt,t,. curt) iu 11,011t It tit I t t,1,, kn ttsn No. }()9 firc;tnt St,, in Iht Cit.' Dubin{nc. for - airncd ill the suns of r14,85. Councilman . Van Duelntan :ctov- d that the recommendation of City do licitor Nelson be approved and that the laity Auditor be instructed to draw a warrant in the atnonnt •f :1.'. °,S :'t the general Fund in f:t, vn Itids, attorney for f', , ,ettlentent in bull �,i ,,i Bessie L. Boehm, ;.t: Caused when her autcn,. ' tteiective curb in front I,nown as No. 169 Bry.;: t t ,,uded by Councilman fly the following vote: Murphy, Counrihnen Clatk, Van I)uelrnan, Wharton Councilman Clatk u. Manager Rhotnbc•rg l-- ttend the Annual Conici, International City klanag,1 tion to be held at Detrt.it, '•i ' inrntt; tilt, week of Octu',.I ondc i by Councilman 1'�, :ttri„,1 by the following vW,' Mayor Mtttphv, Couucilu • Thompson, Van f)-1111:tn. c-:r,nt,r.iltnan Cl.uk unr , � .' . r'nnnt'.' 1 i ? o 1:t_>r';'�.c r ' t.te•i:.,;.,. oa.l i7 1hat f hast ;r)112L 11 ti rl llj iii 17,n he ' t,, advise t p••r� ed in N,Vstil�<ttioll 111 this ilalilt ;11111 Iltli: •^ that this accident happened illclaim and that at the tinx .� plsaid place in question the cln'hini; on 1L. 1, Bryant Street acid in vVesterly >ide nt front of 169 Bryant Ntret t was deicrt,t'c �� ut that a ssetitnl 1i this iu-')"I hal becnmr !on;e anti protruded �nto the int hes I�Wt►. i� street a �listanrC ..i alnlo;t t her st 111 and th;tt in tilt' operatioo „f J.S. S-�- automobile, the claiulant ill parkln.t; xt car in front of these prrntiscs ran utb, ✓�� . � ,��Z and against this protrurlills rurbin> �/� causing the damage to) tilt' richt it tnt l ,� fire and tube then'oi ,�'��'� r" ° Pby� ��• � "� � 1 and ,ati-lied that the this cut•bing i- ,urh a- bl make the Gt> liable iu t}ti> rase, atnd I, therefore• reconunett,l ,.tilt n cllt of tilt rlaint hV the payuutlt thrrcof in tilt uln ni X14.8` and that npoll the exernti,In ,tf the rt•cript and rcica;c by the Claimant ltcssic I.. 11(whrlt• a warrant he h';+wn payai,lr to Ii. h. hr\-IwI' ;, attorney for Br;;ic I,. B01, 11,11. 1 ;on returnilig the claim herewith. IlrspcC.tiully ;nhnlith•1. A.1,. I. N1:I,Sr)N. Cite Slieitor I Regular Session, November 6th, 1939. 289 City Council (O fficial.) Regular Session, November 6th, 1935 Council met at 8:00 P. M. Present—Mayor Murphy, Council men Clark, Thompson, Van Duelmar Wharton, City Manager Rhomberg. Mayor Murphy stated that this is th regular monthly meeting of the Cit, Council for the purpose of acting upoi such business as may properly com before the meeting. Notice of Claim of E. A. Stewart, ii the amount of $25.82 for damages to his automobile caused when a stree washing truck backed into his autonno bile on Fenelon Place near the inter section of Burch Street, presented ane read. Councilman Clark moved to re fer the notice of claim to the City So licitor for investigation and report Seconded by Councilman Thompson Carried by the following vote: Yea: —Mayor Murphy, Councilmen Clark Thompson, Van Duelman, Wharton Nays—None. Notice of Claim of Mrs. Lyle Kemp ter, in an amount to cover doctor bill for injuries received by her five-year old daughter caused in falling on a de- fective sidewalk on the south side of Fourteenth Street between White Street and Central Avenue, presented and read. Councilman Clark moved tc refer the notice of claim to the City Solicitor for investigation and report. Seconded by Councilman Thompson, Carried by the following vote: Yeas— Mayor Murphy, Councilman Clark, Thompson, Van Duelman, Wharton. Nays None. Petition of Disabled Veterans of the World War, requesting permission to conduct their annual Forget -Me -Not drive on November 11, 1939, presented and read. Councilman Van Duelman moved that the request be granted. Sec- onded by Councilman Thompson. Car- ried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Petition of The Salvation Army, re- questing permission for the holding of a tag day on November 11, 1939, pre- sented and read. Councilman Whar- ton moved that the request be granted for the holding of a tag day and that the date be set as November 18, 1939. Seconded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Petition of ilfettel Realty, & Invest- ment Company, Property Alanagenient Brokers. Home Owners' 1,0,111 C'or poration, requesting the rezoning of the property known as Lot 2 of 1 of 8 (4 Mineral f,ot 158 in order that the honic located on said lot could be re- modeled into a duplex, presented and read. Councilman \\"hartoii moved that the petition be referred to the Planning and Zoning Commission for their recommendation and report. Sec- onded by Councilman Clark. Carried by the following vote: Yee ts—Alacor Aiurphy, Councilmen Clark, 'Thonip- sun, Van Duchuan, AWharton. Nays— None. 1'ctition of Retail \Ierchants' Bureau. requesting permission to erect Christ - inas street lighting decorations at tht• intersections on \lain Strect frons Fourth to 11th Streets inclusive, also on Eighth :Acs nue from fovea Street to Bluff Strects inclusive, and nn Seventh Strect at Locust Strect ,111(1 also IT rluesting that the Citv assunu the roa of the current for thr electric lights to he placed in the business di�trirt from Nocenihrr 23, 1939, to Jcom;u'c 2, 1940, presented and read. Councilman Van Duelman moved that the request he granted with the provision that the Re- tail \lu...::nts' Bureau furnish a i'uh- liruitc Bond in the amount of `5,000.00 to corer ane accidents which ntav occur. lccO lid((I by Councilmrui Thompson. Carried I)v the following vote: Yeas—Mayor Murphy, Council - nun Clark, Thonnpscn, Van I)uclman• Wharton. Nays—None. Petition of Duburluecl- i11' Association, requesting prrniission to erect two higlm;l,v signs Irttered \\ cicouie onun R Mors, etc. " oar un the Rockdale Road and one wherr Higliway No. 20 enters Dubuque, hrntil signs to be placed about 50 feet cI(, er to Dubuque than the "Dubuque" cit }• limits sighs, presented and read. Cwun- cilinan Thompson nirwrd that the 1 -ti - tion he referred to the City Alnnager with power to act. Seconde() he C'onn- cilinan Clark. Carried I)v the 1-11 -- in,g %'etc: YcaI; :Macer Min-lrhy, 0n111- cilnien Clark, 'I'honip—ii, Vail Duel - man, \\'harton. Nays—None. Petition of Milizcwood Insulation Company, requesting rcdrrss from the existing condition of Charter Street he- tween &'Iain and Salina Streets and also requesting that a street light be placed at the intersection of Afam and Charter Streets, presented and read. Councilman Clark moved that the rules be suspended for the purpose of allow- ing any one present in the Council Chamber, tivho wishes to do so, to ad- dress the Council. Seconded by Coun- cilman Thompson. Carried by the fol- lowing vote: Yeas—Mayor :Murphy, Councilmen Clark, 'Thompson, Van 290 Regular Session, November 6th, 1939. Duelman, Wharton. Nays—None. Mr. George Homan addressed the Council requesting that the City Council view the requests as outlined in the petition of the Maizewood Insulation Company. Councilman Thompson moved that the petition be referred to the City Council to view the grounds. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Mur- phy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays— None. Petition of University of Dubuque, requesting the City Council to give serious consideration to the rerouting of bus service which now travels on Algona Street from Delhi Street to Bennett Street, presented and read. Councilman Wharton moved to refer the petition to the City Council. Sec- onded by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thomp- son, Van Duelman, Wharton. Nays— None. Petition of E. P. Kretz, requesting permission to erect a canopy over the sidewalk on the Main Street entrance of their building located at the South- east corner of Main and West Sixth Streets, presented and read. Council- man Clark moved that the request be granted and that the City Solicitor be instructed to prepare the proper ordi- nance. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton. Nays—None. Petition of J. E. Kemler, requesting reductions on the assessments levied against the North % of Lot 4 of O'Hare's Sub. for the paving of Grace Street and for the West Dubuque Sam- tary Sewer, presented and read. Coun- cilman Thompson moved that the peti- tion be referred to the City Manager for investigation and report. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Mur- phy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Petition of Mrs. Anna Theis, request- ing the removal of the penalties on the special assessments levied against the East 100 feet of the East 200 feet of Lot 17 of Sister's Addition in order that she may redeem the same, present- ed and read. Councilman Clark moved that the petition be referred to the City Manager for investigation and re- port. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Petition of Edwin C. Kuehnle, re- questing a refund of the total amount Of penalties due on special assessments for bots 11, 13, and 14 of 6, 7, 8, 9 of Quigley's Sub. 157 and for Lot 8, O'Neill's Sub. No. 3, presented and read. Councilman Clark moved to re- fer the petition to the City Manager for investigation and report. Second- ed by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Petition of W. F. Allendorf request- ing a refund of the total amount of penalties which were paid on special assessments for Lot 35 of part of Far- ley's Sub., presented and read. Coun- cilman Clark moved to refer the peti- tion to the City Manager for investi- gation and report. Seconded by Coun- cilman Thompson. Carried by the fol- lowing vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Petition of J. H. Wallis, by J. Allen Wallis, Tr., requesting a refund in pen- alties paid on the redemption of tax certificates on Lot 7 of McClain's Sub. and on Lot 1 of 1 of 1 of 1 of 16 of McClain's Sub. and Lot 2 of 2 of 1 of Min. Lot 150, presented and read. Councilman Thompson moved to refer the petition to the City Manager for investigation and report. Seconded by Councilman Clark. Carried by the fol- lowing vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Petition of Realty Investors Corpora- tion, requesting a refund of the penal- ties which were assessed against Lot 164, Woodlawn Park Subdivision for the 1933-34-35-36 installments for street improvement, presented and read. Councilman Thompson moved to refer the petition to the City Manager for investigation and report. Second- ed by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thomp- son, Van Duelman, Wharton. Nays— None. Petition of Peter J. Seippel Lumber Company, requesting that a warrant in the amount of $401.43 be ordered drawn on the Special Bonded Fund representing the penalties waived by the action of the City Council at their meeting of October 6, 1939, and includ- ed in the payment made to the County Auditor in effecting the redemption from Tax Sales for Special Assess- ments, presented and read. City Man- ager Rhomberg recommending that a warrant in the amount of $7.56 be or- dered drawn on the Special Bonded Fund in favor of Peter J. Seippel Lum- ber Company representing the differ- ence in the penalties waived and or- dered refunded at the Council meet- ing of October 6, 1939, and the actual amount paid in the sum of $401.43 on Regular Session, November 6th, 1939. 291 the redemption of Tax Sales for Spe- cial Assessments. Councilman Clark moved that the recommendation of City Manager Rhomberg be approved and that the City Auditor be instructed to draw a warrant in the amount of $7.56 on the Special Bonded Fund in favor of Peter J. Seippel Lumber Com- pany to cover the difference in the to- tal amount of penalties actually paid and the amount ordered refunded at the Council meeting of October 6, 1939, in the amount of $393.87, for redemption of Tax Sales on special assessments. Seconded by Councilman Thompson. Carried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Petition of Mrs. Frank E. Leonard, referred to the City Council by the Board of Supervisors, requesting sus- pension of the 1938 taxes on Lot 5 of 2 of Citv Lot 720, presented and read. Councilman Van Duelman moved to refer the petition to the City Solicitor for investigation and report. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Petition of Mrs. Mary Byrne, re- ferred to the City Council by the Board of Supervisors, requesting suspension of the 1938 taxes on Lot 8 of Finley Home Addition, presented and read. Councilman Van Duelman moved to refer the petition to the City Solicitor for investigation and report. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Petition of George J. Roepsch, re- ferred to the City Council by the Board of Supervisors, requesting suspension of the 1938 taxes on Lot 82 of Mc- Craney's Addition, presented and read. Councilman Van Duelman moved to refer the petition to the City Solicitor for investigation and report. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Mur- phy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Petition of Mrs. R. A. French, to- gether with the attached petitions of property owners, requesting that the 1900 block on Delhi Street be rezoned so as to permit multiple housing, pre- sented and read. Councilman Wharton moved that the petition be referred to the Planning and Zoning Commission for their recommendation and report. Seconded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Return of Service, subscribed and sworn to by H. H. Howie, Building Commissioner, of condemnation reso- lution No. 178-39 served upon N�'nl. Lawther notifying him that the build- ing located upon City Lot 193 has been declared a nuisance and requiring him to abate said nuisance on or before the 2nd day of December, 1939, pre. sented and read. Conticiltnan Thomp- son mover( that the return of service be received and filed. Seconded by Coun- cilman Van Duelman. Carried by the following vote: Yeas—Mayor Jf urpli , Cotmcilmen Clark, 'Thompson, Vau Duelman, Wharton. Nays—None. Return of Service, subscribed and sworn to by H. H. Howie, Building Coinntissioner, of condemnation resohi- tion No. 179-39 served tip n the Iht- buque Biscuit CompanN notifying tlj,�nt that the buildings located upon Cite Lots 347 and 338 have been declared a nuisance and requiring them to abate said nuisance on or before the 2nd day of December, 1939, presented and read. Councilman Thompson moved that thy• return of service he received and !11cd. Seconded by Councilman Van I )ticl man. Carried by the following \'-tc: Yeas—Mavor Murphy, Councilmen Clark, 'Thompson, Van Duelman, Wharton. Nays—None. Returns of Service, suhscrihed and sworn to by H. I1. Howie, Building Commissioner, of condcnutation resolu- tions No. 180-39 and No. 181-39 served ttpnn %Iary F. Doyle notifying her that the buildings located upon Lots 2 and 4 of Citv Lot 555 and upon the North of City Lot 554 have been declared a nuisance and requiring her to abate said nuisance on or before the 15th day of April, 1940, presented and read. Councilman 'Thompson moved that the returns of service be received and filed. Seconded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, 'Thompson, Van Duelman, Wharton. Nays—None. Return of Service, subscribed and sworn to by H. H. Howie, Building Commissioner, of condemnation resn- lution No. 182-39 served upon Matter Julien Hotel Company notifying them that the building located upon City Lot 195 has been declared a nuisance and requiring them to abate said nuisance on or before the 2nd day of December, 1939, presented and read. Councilman Thompson moved that the return of service be received and filed. Second- ed by Councilman Van Duelman. Car- ried by the following vote: Yeas— ll,, I :Murphy, Councilmen Clark, 'Thompson, Van Duelman, Wharton. Nays—None. Returns of Service, subscribed and sworn to by H. H. Howie, Building 292 Regular Session, November 6th, 1939. Commissioner, of condemnation resolu- tion No. 183-39 served upon C. J. Jung- wirth and S. Wiedner notifying them that the building located upon Lot 3 of Lot 9 of Union Addition has been declared a nuisance and requiring them to abate said nuisance on or before the 2nd day of December, 1939, presented and read. Councilman Thompson mov- ed that the return of service be re- ceived and filed. Seconded by Council- man Van Duelman. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Returns of Service, subscribed and sworn to by H. H. Howie, Building Commissioner, of condemnation resolu- tion No. 184-39 served upon Richard Fuhrmann and John O'Brien notifying them that the building located upon Lot 10, Central Addition, has been de- clared a nuisance and requiring them to abate said nuisance on or before the 2nd day of December, 1939, presented and read. Councilman Thompson moved that the returns of service be re- ceived and filed. Seconded by Coun- cilman Van Duelman. Carried by the following vote: Yeas—Mayor Mur- phy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Return of Service, subscribed and sworn to by H. H. Howie, Building Commissioner, of condemnation reso- lution No. 185-39 served upon Anchor Investment Company notifying them that the building located upon the South / of Lot 19 of Correll's Subdi- vision has been declared a nuisance and requiring them to abate said nuisance on or before the 2nd clay of December, 1939, presented and read. Councilman Thompson moved that the return of service be received and filed. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Return of Service, subscribed and sworn to by H. H. Howie, Building Commissioner, of condemnation resolu- tion No. 186-39 served upon P. J. and Minnie Norton notifying them that the building located upon City Lot 238 has been declared a nuisance and requiring them to abate said nuisance on or be- fore the 2nd day of December, 1939, presented and read. Councilman Thompson moved that the return of service be received and filed. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Return of Service, subscribed and sworn to by H. H. Howie, Building Commissioner, of condemnation resolu- tion No. 187-39 served upon Patrick O'Shea notifying him that the buildings located upon Lot 1 of Mineral Lot 145 have been declared a nuisance and re- quiring him to abate said nuisance on or before the 2nd day of December, 1939, presented and read. Councilman Thompson moved that the return of service be received and filed. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Returns of Service, subscribed and sworn to by H. H. Howie, Building Commissioner, of condemnation resolu- tion No. 188-39 served upon Win. J. Robinson and J. P. Hanten notifying them that the building located upon Lot 22, Union Addition, has been de- clared a nuisance and requiring them to abate said nuisance on or,before the 2nd day of December, 1939, presented and read. Councilman Thompson moved that the returns of service be received and filed. Seconded by Coun- cilman Van Duelman. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, NVharton. Nays—None. Return of Service, subscribed and sworn to by H. H. Howie, Building Commissioner, of condemnation resolu- tion No. 189-39 served upon Catherine Smith notifying her that the building located upon Lot 14, Yates' Subdivi- sion, has been declared a nuisance and requiring her to abate said nuisance on or before the 2nd day of November, 1939, presented and read. Councilman Thompson moved that the return of service be received and filed. Second- ed by Councilman Van Duelman. Car- ried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Returns of Service, subscribed and sworn to by H. H. Howie, Building Commissioner, of condemnation reso- lution No. 190-39 served upon C. F. Hay and Mrs. Frances Stark notifying them that the building located upon the Fast 33 feet 6 inches of City Lot 643 has been declared a nuisance and re- quiring them to abate said nuisance on or before the 15th day of April, 1940, presented and read. Councilman Thompson moved that the returns of service be received and filed. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Return of Service, subscribed and sworn to by H. H. Howie, Building Commissioner, of condemnation reso- lution No. 191-39 served upon Realty Investors Corporation notifying them that the building located upon Lot 284, Fast Dubuque Addition No .2 has been declared a nuisance and requiring Session, November 6th, 1939. 293 them to abate said nuisance .on or be- fore the 2nd day of December, 1939, presented and read. Councilman Thompson moved that the return of service be received and filed. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—D4ayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. October 10, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen:— I herewith submit the reports of the City Auditor, Citv Treasurer, City Health Department, and the City Water Department for the month of September, 1939, also a list of claims and list of payrolls for which warrants were drawn during the month of Sep- tember, 1939. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Clark moved that the re- ports be received and placed on file. Seconded by Councilman Thompson. Carried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. November 6, 1939. To the Honorable ;Mayor and City Council, Dubuque, Iowa. Gentlemen:— At the session of the City Council of September 5, 1939, the communication of A. A. Burgmeier was received in which repairs to Oak and Apple Streets were requested. The work requested has been com- pleted and the condition complained of has been remedied. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Thompson moved that the communication of City Jfanager Rhomberg be made a matter of record. Seconded by Councilman Clark. Car- ried by the foll-,ving vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. November 6, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen:— At the session of the tlCitpetCOo it o held September 5, 1939, .the nalties�includeduehnie ein thet�redemption a refund o special assessments on Lot 25 of Six ter's Addition was referred to the Cit Manager and City vestigation and report. A previous petition of \fr. Kuehnle's was acted on by the Council on August 7th involving the 6th, 7th, 8th, 9th, and 10th installments of the sewer assess- ment and penalties of $39.96 were paid the County Treasurer by the City. The 2nd, 3rd, 4th and 5th installments, how- ever, were involved in a Public Bidders' Sale to the County Auditor. Mr. Kuehnle has redeemed these as well, as follows: 2nd, 3rd, 4th, and 5th install- ments ----------------------$173.78 Interest to date of sale Feb. 3, 1936 ------------------------ 1_'1.27 Four Percent (4r'c) penalty____ 11.8_' Six Percent Interest 2/3/36 to 8/12/39 --------------------- 65.14 Advertising costs -------------- •40 $372.41 �1 e recommend that a warrant in the amount of $123.79 be drawn on the Spe- cial Bonded Fund in favor of Ed. C. Kuehnle representing a refund of the amount paid in excess of the principal plus 5e/dinterest plus advertising costs. Such account is as follows: Total paid to County Auditor -_S372.41 Principal amount -4 in- stallments -----------$173.78 Five Percent (5rio) In- terest—Jan. 22, 1931, to Aug. 12, 1939----- 74.44 Advertising costs __---- •40 248.62 _$123.79 Refund ---------------------- Respectfully submitted, A. A. RHOMBERG. OTTO F. PULS, City Treasurer. Councilman Clark moved that ill(' tanager recommendation of City Rhomberg and City 'Treasurer Puls be approved and that the City Auditor be instructed to draw a warrant in the amount of $123.79 on the Special Rnnd- ed Fund in favor of Ed. C. }tuchnlc representing a refund of the amount P, in excess of the principal plus 5"c interest plu; adverti.ing cast; ut the ll redemption of special rise`s "eco nded Lot 25 of Sisters Addition. by Councilman ),on Carried Carried by the folLnvi»g Vote; Yea.—\fa}or \fur - 1,h} C„imcilmen Clark, Thompson, Can Duelman, R harton, Nays—None. November 6, 1939. 1 Of To the Honorable Mayor and City f Council, Dubuque, luwa. f Gentlemen: — Gavin as a mem The term of Mark I Ovem- her of the Dock Board expiresthat the City her 26, 1939. It is necessary CitN. Council make an appointment for 294 Regular Session, November 6th, 1939. a three-year term expiring November 26, 1942. Respectfully submitted, A. A. RHOMBRRG, City Manager. Councilman Van Duelman moved that Mr. Mark Gavin be reappointed as a member of the Dock Board for a term of three years, said term expiring November 26, 1942. Seconded by Coun- cilman Wharton. Carried by the fol- lowing vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. November 6, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen:— At the session of the City Council held October 2, 1939, the petition of Mr. and Mrs. Adam bink et al request- ing the rerouting of the Grandview bus to give service the entire length of Algona Street from 14th Street and then over New Highway 20, as soon as completed, to Grandview Avenue was referred to me to confer with the offi- cials of the Interstate Power Company and to report to the Council. I have met with the officials of the transportation department and dis- cussed the proposed rerouting. It ap- pears that the proposal is not feasible for the following reasons: 1st.—It would involve a dangerous left-hand turn into arterial highway traffic; 2nd. —The part of St. Joseph Street from Algona Street to the New Highway— about l;z blocks—is unpaved and would be difficult for buses; 3rd,—The portion of New Highway 20 that would be traversed has no homes abutting and would, therefore, contribute no bus passengers nor bus revenue. For the reasons cited, I recommend that the petition be denied. Respectfully submitted, A. A. RHOMB$RG, City Manager. Councilman Wharton moved that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Clark. Carried by the fol- lowing vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. November 6, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen:— The Planning and Zoning Commis- sion wishes to recommend to your Honorable Body the granting of the attached petition of Joseph P. Simones et al asking rezoning of the westerly end of Kirkwood Street in accordance with attached plat. Respectfully submitted, R. V. McKAY, Secretary, Planning and Zoning Commission. Councilman Clark moved that the recommendation of the Planning and Zoning Commission be received and made a matter of record and that the City Solicitor be instructed to prepare the proper proceedings. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. November 6, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen:— The entlemen:The letter of Mettel Realty and In- vestment Company, dated October 7, 1939, and addressed to the City Coun- cil, received the attention of the Plan- ning and Zoning Commission at the meeting of November 3, 1939. This letter could hardly be considered a pe- tition as it is not from the owner of the property in question. Therefore, the Planning and Zoning Commission recommends to your Hon- orable Body that the request be denied. The petition is not in proper form. Furthermore, it is the sense of the Planning and Zoning Commission that the rezoning of single properties is not only illegal, but is repugnant to sound city zoning. The Commission feels that if there is a trend in this particu- lar neighborhood away from single family classification, such trend should be indicated by the signatures or other expressions of interest on the part of the majority of the property owners in the block. Respectfully submitted, R. V. MCKAY, Secretary, Planning and Zoning Commission. Councilman Clark moved that the recommendation of the Planning and Zoning Commission be received and made a matter of record. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Oct. 20, 1939. Subject: Improvement to Water Works System At Dubuque, Iowa, and De- molition of Old Building, P. W. A. Docket Iowa 1684-F. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen:— On October 3 1938, the City of Du- buque by resolution 107-38 accepted the offer of the United States of America to aid in financing the Construction of Improvements to Water Works Sys- tem and Demolition of Old Building, which project is known as P. W. A. Docket Iowa No. 1684-F. Subsequently Session, November 6th, 1939. 295 the following contracts were awarded and completed as follows: Date awarded, original contract, date of completion and final contract* fol- low: Contract No. 1 Well -11-16-38; $17,- 542.00; 5-6-39; $19,773.10. Contract No. 2 Reservoir -1-4-39; $38,365.00; 7-14-39; $389365.00. Contract No. 3 Booster Pump -4-7- 39; $11,275.00; 9-6-39; $11,275.00. Contract No. 4 Gen'l (Bldg.) -2-3- 39; $52,769.00; 10-20-39; $54,481.40. Contract No. 5 Heating and Plumb- ing -2-3-39; $14,978.00; 10-20-39; $14,- 897.46. Contract No. 6 Electrical -2-3-39; $1,200.00; 10-20-39; $1,200.00. Contract No. 7 Deep Well Pump - 6 -30-39; $9,998.00; 9-6-39; $9,998.00. Contract No. 8 Water Main -6-5-39; $4,917.72; 7-21-39; $4,917.72. Contract No. 9 Well House -6-30- 39; $4,650.00; 9-6-39; $4,650.00. (*) includes all change orders at a Total Completion cost of $159,- 557.68 and We hereby certify that the work of construction has been completed in substantial compliance with the re- quirements of the contract documents including the plans and specifications. We further certify that the contract amounts will be due the contractors in accordance with the terms of the conn - tracts upon the filing of the required maintenance bonds and placing on file in the office of the City Auditor satis- factory proof that all bills and claims for material, service or expense in- curred in connection with said project have been paid or satisfied as shown on the following schedule: Contract No. 1 Well—C. W• Varner, Dubuque, Ia. -----$19,773.10 Contract No. 2 Reservoir— Anton Zwack, Inc., Du_ 38,365.00 buque, Ia.-------------- Contract No. 3 Booster Pump —Climax Eng. Co., Clinton, 11,275.00 Ia.------------- Contract No. 4 General ( Bldg.) — Anton Zwack, 54 481.40 Inc., Dubuque, Ia.-------- Contract No. 5 Plumbing and Heating—Linehan_& Volo' 14,897.46 Dubuque, Ia. --- -------- Contract No. 6 Electrical— United Elec. Co., Dubuque 1,200.00 Contract No. 7 Deep Well Pump—A. Y. McDonald9 998.00 Mfg. Co., Dubuque ------- Contract No. 8 Water Main— Thos. Flynn Coal Co., Du- 4,917.72 buque------------ -- Contract No. 9 Well House— Thos. Flynn Coal Co., Du- 4650-00 buque------------ commend that We respectfully reaccept and ap- your Honorable Body W. A. prove the completion of P. Docket Iowa 1684-F, otherwise known as Improvements to Water Works Sys- tem at Dubuque, Iowa, and Demoli- tion of Old Building. Respectfully submitted, A. A. RHOMBERG, City \tanager. J. J. HAIL, Nater Superintendent. Subscribed and sworn to by A. A. Rhomberg, J. J. Hail before me, a notary public of the State of Iowa in and for Dubuque County, this 20th day of October, 1939. Witness my hand and seal. GERALDINE L. DENIKIER, (Seal) Notary Public. My commission expires July 4, 1942. Councilman Van Duelman moved that the recommendation of Cit Alanager Rhomberg and 'Vater Super- intendent Hail be approved and made a matter of record. Seconded by Coun- cilman Clark. Carried b'• the follow- ing vote: Yeas—Niayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. October 20, 1939. Subject: Improvement to Water Works System at Dubuque, Iowa, and De- molition of Old Building, P. W. A. Docket Iowa 1684-F. To the Honorable ?mayor and City Council, Dubuque, Iowa. Gentlemeu:— We hereby certify that the work of construction on the above (locket has been completed in substantial connpli- ance with the requirements of the con- tract documents including the plans and specifications. We further certify that the contract amounts will he due the contractors in accordance kith the ternns of the contracts upon the tdtng of the required maintenance bonds and placing on file in the office of the City .Auditor satisfactory proof that all bills and claims for material, service or ex- pense incurred in connection with said ,�hsfied c,ct o,lln have h folioeel atnlgoschedule: as Contract No. 1 Well—C. W• 773.10 Varner, Dubuque, Ia. -----$19 Contract No. 2 ReGervoir— Anton 7.wack, Inc., Du buque, Ia. ---------------- 38,365.00 Contract No. 3 Booster lintton, —Climax Eng-- 11,275.00 Ia.----------------General Contract No. 4 (131dg.) — Anton Zwack, 54,481.40 Inc.. Dubuque. Ia.------- Conhact No. n 5ehan& lng�lolo, IIeatiI19-- a _ 14,897.46 Dubuque, la. ------------ Contract No. 6 Electrical— 296 Regular Session, November 6th, 1939. United Elec. Co., Dubuque 1,200.00 Contract No. 7 Deep Well Pump—A. Y. McDonald Mfg. Co., Dubuque ------- 9,998.00 Contract No. 8 Water Main— Thos. Flynn Coal Co., Du- buque -------------------- 4,917.72 Contract No. 9 Well House— Thos. Flynn Coal Co., Du- buque -------------------- 4,650.00 We respectfully recommend that your Honorable Body accept and ap- prove the completion of P. W. A. Docket Iowa 1684-F, otherwise known as Improvements to Water Works Sys- tem at Dubuque, Iowa, and Demolition of Old Building. Respectfully submitted, CONSOER, TOWNSEND & QUINLAN. By Eugene A. Hardin. Subscribed and sworn to by Eugene A. Hardin before me, a Notary Public of the State of Iowa in and for Du- buque County, this 20th day of Octo- ber, 1939. Witness my hand and seal. GERALDINE L. DEMKIER, (Seal) Notary Public. My commission expires July 4, 1942. Councilman Van Duelman moved that the recommendation of Consoer, Townsend & Quinlan, Consulting En- gineers, be approved and made a mat- ter of record. Seconded by Council- man Clark. Carried by the following vote: Yeas—Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 193-39 City of Dubuque, Iowa Whereas, On the 3rd day of October, 1938, the City of Dubuque, Iowa, by resolution 107-38 accepted the offer of the United States of America, to the City of Dubuque, Iowa, to aid in Financing the Construction of Im- provements to Water Works System and Demolition of Old Building, Docket Iowa No. 1684-F, and Whereas, The City of Dubuque, Iowa, by resolution did award contracts for the Construction of Improvements to Water Works System and Demoli- tion of Old Building as follows: Date awarded, original contract, date of completion and final contract* fol- low: Contract No. 1 Well -11-16-38; $17,- 542.00; 5-6-39; $19,773.10. Contract No. 2 Reservoir -1-4-39; $38,365.00; 7-14-39; $38,365.00. Contract No. 3 Booster Pump -4-7- 39; $11,275.00; 9-6-39; $11,275.00. Contract No. 4 Gen'1 (Bldg.) -2-3- 39; $52,769.00; 10-20-39; $54,481.40. Contract No. 5 Heating and Plumb- ing -2-3-39; $14,978.00; 10-20-39; $14,- 897.46. Contract No. 6 Electrical -2-3-39; $1,200.00; 10-20-39; $1,200.00. Contract No. 7 Deep Well Pump - 6 -30-39; $9,998.00; 9-6-39; $9,998.00. Contract No. 8 Water Main -6-5-39; $4,917.72; 7-21-39; $4,917.72. Contract No. 9 Well House -6-30- 39; $4,650.00; 9-6-39; $4,650.00. (*) includes all change orders at a Total Completion cost of $159,- 557.68 and Whereas, On the 20th day of Octo- ber, 1939,. the Engineer, City Manager and Water Superintendent did certify to the City Council that the work of Construction in connection with said project had been completed by said contractors in substantial compliance with the requirements of the contract documents including the plans and specifications, and Whereas, After the examination by this City Council said construction and the certificate of the Engineers, City Manager and Water Superintendent appear to be acceptable; Nov, There- fore, Be It Resolved by the City Council, of the City of Dubuque, Iowa, that said certificate of completion of the Engineers, City Manager and Water Superintendent be and the same are hereby accepted, approved and ordered placed on file in the office of the City Clerk, and Be It Further Resolved that the work of construction be and the same is here- by accepted on behalf of the City of Dubuque, Iowa, and the Auditor is hereby authorized and directed to pre- pare and deliver to the contractors, in accordance with the terms of the Con- tract documents, a warrant or warrants for final payment sufficient when added to payments already made to total an amount equal to their contract sum. The contract totals are as follows: Contract No. 1 Well—C. W. Varner, Dubuque, Ia. _----$19,773.10 Contract No. 2 Reservoir— Anton Zwack, Inc., Du- buque, Ia.---------------- 38,365.00 Contract No. 3 Booster Pump —Climax Eng. Co., Clinton, Ia.----------------------- 11,275.00 Contract No. 4 General (Bldg.)—Anton Zwack, Inc., Dubuque, Ia.-------- 54,481.40 Contract No. 5 Plumbing and Heating—Linehan & Moto, Dubuque, Ia. ------------ 14,897.46 Contract No. 6 Electrical— United Elec. Co., Dubuque 1,200.00 Regular Session, November 6th, 1939. 29" Contract No. 7 Deep, Well Pump—A. Y. McDonald Mfg. Co., Dubuque ------- 9,998.00 Contract No. 8 Water Main— Thos. Flynn Coal Co., Du- buque -------------------- 4,917.72 Contract No. 9 Well House— Thos. Flynn Coal Co., Du- buque -------------------- 4,650.00 Arthur J. Spahn (Transfer of address from 428 W. Locust) 410 Eighth Ave. Passed, adopted and approved thi, 6th day of November, 1939. Provided, however, that the con- tractor prior to delivery of said final payments shall place on file in the of- fice of the City Auditor satisfactory evidence that all bills for service, ma- terials, labor and other costs incurred by the contractors in connection with the construction of said project have been duly paid or satisfied. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity become effective from and after its adoption by the City Council. Passed, adopted and approved this 6th day of November, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Second- ed by Councilman Clark. Carried by the following vote: Yeas—Mayor urphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 194-39 Whereas, applications for Class "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 approved nand to s orde e arehereby tlhe premises to be occupied by such aPPlt- cants shall be forthwith inspected. Class "B" Permit Address Name Milton J. Kalmes, 1085 Julien :venue Wm. Barrington and Glen 1�liller, 250 West First Street Morris Blum and William Maas, 700 East 16th Street George Hail, 332 Eighth Avenue Ray Nicks and Fred Herber, 521 East 22nd Street Joseph Graff, ,�ransfer046 tnof addresstral efrom Vern Okey 2400 Central Ave.) 1766 Central Ave. GEO. R. \IVRPHY, Mayor FRANK %'AN Dt'ELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THO.1fPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Thompson. Carried b% the following vote: Yeas—Mayor \lur- phy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nass—None. Resolution No. 195-39. Whereas, heretofore applications were filed by the within named appli- cants for Class "B" Beer Permits and they received the approval of this Coun- cil; and Whereas, the premises to be occupied by them have been inspected 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 Citv of Dubuque that the Manager be and he is hereby directed to issue to the following named persons a Beer Permit. Class "B" Permit Address _ Name Milton J. Kalmes, 1085 Julien Avenue Wm. Barrington and Glen :Miller, 250 West First Street Morris Blum and William Itfaas, 700 East 16th Street George Hail, 332 Eighth :venue Ray Nicks and Fred Herber, 521 East 22nd Street Vern Okey (Transfer of address from Joseph Graff, 2400 11046 Central Ave. Avenue. Be It Further Resolved, that the bonds filed by such apP (�a` is be and the same are hereby apP Passed, adopted and approved this 6th day of November, 1939. GEO. R. MURPHY, lfayor. FRANK VAN DUELMAN, ALBERT WHARTON. CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. 298 Regular Session, November 6th, 1939. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. November 6, 1939. Honorable Mayor and City Council, Dubuque, Iowa. Re: Tax Suspension Gentlemen: I have completed investigation for tax suspension and submit to you here- with the following: George Roepsch, 1324 Lincoln Avenue. Mrs. F. E. Leonard, 639 West Fifth St. Mrs. Mary Byrne, 1655 Asbury St. Yours very truly, AL. J. NELSON, City Solicitor. Councilman Thompson moved that the communication of City Solicitor Nelson be received and made a matter of record. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. The following decisions of the City Council relative to petitions requesting suspension of their 1938 taxes present- ed for Council approval: Mrs. F. E. Leonard requesting suspension of the 1938 taxes on Lot 5 of 2 of City Lot 720, request granted; Mrs. Mary Byrne requesting suspension of the 1938 taxes on Lot 8 of Finley Home Addition, re- quest granted: George J. Roepsch re- questing suspension of the 1938 taxes, on Lot 82 of McCraney's Addition, request granted. Councilman Clark moved that the decisions of the City Council on the various tax petitions be approved and that the Board of Super- visors be notified of the action of the City Council. Seconded by Council- man Van Duelman. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. November 3, 1939. Honorable Mayor and City Council, Dubuque, Iowa. Re: Claim of John Schultz Gentlemen: On February 27, 1939, there was re- ferred to me for investigation and re- port the claim of John Schultz, filed February 20, 1939, in the sum of $3,000.06, for injuries alleged to have been sustained by claimant on Decem- ber 24, 1938, in falling on an accumula- tion of ice on the crosswalk across the alley on the South side of West Ninth Street between Main Street and Locust Street. I beg to advise that I have completed investigation of this claim and find no liability oil the part of the City and, therefore, recommend that the claim be disallowed. I am returning the claim herewith. Yours very truly, AL. J. NELSON, City Solicitor. Councilman Clark moved that the recommendation of City Solicitor Nel- son be approved and the claim ordered disallowed. Seconded by Councilman Van Duelman. Carried by the follow- ing vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. November 1, 1939. Honorable Mayor and City Council, Dubuque, Iowa. Re: Claim of Mrs. Mary E. Hense Gentlemen: There has been referred to me for investigation and report the claim of Mrs. Mary E. Hense, filed September 15, 1939, in the sum of Two Hundred ($200) Dollars, for damages on account of injuries alleged to have been sus- tained by her on the 30th day of Au- gust, 1939, at about 10 o'clock A. M., while she was walking upon a sidewalk on the Northerly side of Fifth Street, between Iowa Street and Main Street, and in front of the Linehan & Molo office, when she alleges her foot became caught in a hole in the cement side- walk and that she was thrown to the sidewalk with such force that she broke her right wrist and her spectacles. I beg to advise that I have coin- pleted hivestigation of this claim and find that the sidewalk in question in front of the Linehan & Molo office is of full width, approximately 8 feet, and is almost perfect with the exception of a very small depression about 3 or 4 inches in diameter, and about 1 inch in depth. I am of the opinion that this depres- sion in the walk did not amount to or constitute a defect such as would ren- der the city liable in this case, and not only did the city have no actual knowl- edge of the existence of this depres- sion, but the company owning the prop- erty had no knowledge of its existence, and I do not believe that the character and size of this depression was such as to give the city constructive notice which is required as a condition prece- dent to liability. I find no liability on the part of the city, and, therefore, recommend that the claim be disallowed. Respectfully submitted, AL. J. NELSON, City Solicitor. Session, November 6th, 1939. Councilman Clark moved that the recommendation of City Solicitor Nel- son be approved and the claim ordered disallowed. Seconded by Councilman Van Duelman. Carried by the follow- ing vote: Yeas—Mayor Murphy, Coun- cilman Clark, Thompson, Van Delman, Wharton. Nays—None. November 2, 1939. Honorable Mayor and City Council, Dubuque, Iowa. Re: Claim of Mrs. Carl (Dora) Mauer Gentlemen: 299 considerable number of people congre- gate and use the sidewalk. I am of the opinion that the condi- tion of this grate and the fact and cir- cumstances surrounding the injuries sustainer) by this claimant indicate lia- bility on the part of the city and in view of the fact that claim was filed for only the amount of the expenses actually incurred by the claimant, I recommend that the claim be allowed in the sum of $200.00 and that upon her signing receipt and release, that a war- rant be drawn payable to Mrs. Carl (Dora) Mauer in full settlement of this claim. At a meeting of the City Council held I am returning the claim herewith. June 27, 1939, there was referred to me for investigation and report the claim of Mrs. Carl (Dora) Mauer, filed June 17, 1939, for damages for personal in- juries alleged to have been sustained by her on the 21st day of April, 1939, in a fall upon the curbing and gutter in front of St. Patrick's Church on the Southwest corner of Fifteenth Street and Iowa Street in the City of I) - buque, which said injuries were al- leged to have been due to the negli- gence of the City of Dubuque and which claim was filed in the sum of $200. I beg to advise that I have complet- ed investigation of this claim and find that on the date in question claimant attended services at St. Patrick's Church at about the hour of 8.30 P. 1\I., at the conclusion of said services she came out upon the sidewalk together with a number of other persons and in walking in an Easterly direction upon said sidewalk she was accidentally brushed or pushed from the curbing, stepped into the gutter at a crosswalk crossing Fifteenth Street upon the Easterly side of Iowa Street, and that when she stepped into the gutter she stepped upon a grate over a catch ba- sin and the heel of her left shoe became caught in this grate causing claimant to fall and in falling she fractured her left lbruis d herplaces rightand ankle and sprained and left hand. Claimant was taken to the 21 os pital, where she was a patient days and later confined to her home and her bed for a period of approxi- mately pi mately 4 weeks during which time she unable was under a dperform herhousehold duti t octor's care d during that time, rate Investigation discloses that the g over this catch basin consists of iron bars which are sufficient distance apart to permit the heel of a woman's shoe to become caught between these bars which condition as described, is: in my opinion, a culpable defect, particularly where such covering for such a catch basin is located in front of a church, public building or other place where a Respectfully submitted, AL. J. NELSON, City Solicitor. Councilman XVharton moved that the recommendation of City Solicitor Nelson he approved and that the City Auditor be instructed to draw a war- rant on the General Fund in the amount of $200.00 in favor of Mrs. Carl (Dora) Mauer as settlement in full of the personal injury claim, said claim resulting from a fall when she stepped upon a grate over a catch basin on the Southwest corner of Fifteenth and Iowa Streets, said warrant to be delivered upon the signing of a receipt and release by the said Mrs. Carl (Dora) Mauer. Seconded by Council- man Clark. Carried by the following vote: Ycas—Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton. Nays—None. November 3, 1939. Honorable Mayor and City Council, Dubuque, Iowa. Re: Claim of Donald Morris Gentlemen: Prior to my assumption of that office, there was referred to the City Solicitor for investigation and report the claim of Donald Morris in the sum of $76.38 filed October 27, 1937, on account of damages alleged to have been sustained to his airplane in landing at the of August, pal Airport on the 1st day 1937, and alleged to have been caused by the condition of the vegetable growth and weeds adjacent to the run- ways of said airport and alleged to have been due to the negligence of the City. I beg to advise that I find no liability on the part of the City in this matter and, therefore, recommend that the claim be disallowed. I am returning the claim herewith. Respectfully submitted, AL, J. NELSON, City Solicitor. 300 Regular Session, November 6th, 1939. Councilman Clark moved that the recommendation of City Solicitor Nel- son be approved and that the claim be ordered disallowed. Seconded by Coun- cilman Van Duelman. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. November 2, 1939. Honorable Mayor and City Council, Dubuque, Iowa. Re: Claim of Paul V. Weis. Gentlemen: Prior to my assumption of that office there was referred to the City Solicitor for investigation and report, the claim of Paul V. Weis filed August 24, 1937, in the total sum of $400.00, for injuries alleged to have been sustained on the 25th day of June, 1937, while claimant was walking in an Easterly direction on the North side of Cherry Street about one-half block from Asbury Street, when claimant stepped from the curb- stone on to a number of larger stones in the street which he could not see due to defective lighting as the result of which he fell and broke his right ankle. I beg to advise that there is no lia- bility on the part of the City with ref- erence to this claim, and I, therefore, recommend that the same be disal- lowed, I am returning claim herewith. Respectfully submitted, AL. J. NELSON, City Solicitor. Councilman Clark moved that the recommendation of City Solicitor Nel- son be approved and that the claim be ordered disallowed. Seconded by Coun- cilman Van Duelman. Carried by the following vote: Yeas—Mayor Mur- phy, Councilman Clark, Thompson, Van Duelman, Wharton. Nays—None. November 2, 1939. Honorable Mayor and City Council, Dubuque, Iowa. Re: Claim of Russel J. Smith. Gentlemen: Prior to my assumption of that office, there was referred to the City Solicitor for investigation and report the claim of Russell J. Smith, filed October 12, 1937, in the total sum of $796.00 on ac- count of damages alleged to have been sustained August 27, 1937, to his air- plane in making a landing in the Mu- nicipal Airport, said damages alleged to have been caused by the high weeds and vegetation growing upon the land- ing field and to have been due to neg- ligence of the City of Dubuque. I beg to advise that I have made an investigation of the facts and circum- stances'surrounding this claim and find no liability on the part of the City, and, therefore, recommend that the claim be disallowed. I am returning the claim herewith. Respectfully submitted, AL. J. NELSON, City Solicitor. Councilman Clark moved that the recommendation of City Solicitor Nel- son be approved and that the claim be ordered disallowed. Seconded by Coun- cilman Van Duelman. Carried by the following vote: Yeas—Mayor Mur- phy, Councilmen Clark, Thompson,Van Duelman, Wharton. Nays—None. November 2, 1939. Honorable Mayor and City Council, Dubuque, Iowa. Re: Claim R. J. Byam. Gentlemen: On June 27, 1939, there was referred to me for investigation and report the claim of R. J. Byam, filed June 10, 1939, in the sum of $13.23, for damages to the windshield of his automobile alleged to have been caused on June 4, 1939, by a foul ball driven from the Municipal Baseball Park during the course of a ball game. I beg to advise that I have completed investigation of this claim and find no liability on the part of the City, and, therefore, recommend that the claim be disallowed. I am returning the original claim herewith. Respectfully submitted, AL. J. NELSON, City Solicitor. Councilman Clark moved that the recommendation of City Solicitor Nel- son be approved and that the claim be ordered disallowed. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Mur- phy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. November 1, 1939. Honorable Mayor and City Council, Dubuque, Iowa. Re: Claim of Mrs. Kathryn Kanavas Gentlemen: On December 31, 1938, there was re- ferred to me for investigation and re- port the claim of Mrs. Kathryn Kana - vas filed Derember 27, 1938, in the sum of Five Thousand ($5,000) Dollars for damages on account of injuries alleged to have been sustained by her on the 12th day of December, 1938, when she stepped into a depression or hole in a rock -curbing at the end of the South- erly sidewalk on East 17th Street be- Regular Session, November 6th, 1939. 301 tween Elm and Washington Streets, and at the Easterly side of the alley be- tween said Elm and Washington Streets, beg to advise so that I have completed investigation of this claim and find that the accident in question did happen as set out in said claim, and that at the time and place in question there was a rock curbing at the end of the sidewalk oil the Easterly side of this alley, and that a piece of this curb- ing, approximately 6 inches in depth and 9 inches long had broken from the curbing, leaving a hole or depression into the curbing into which the claim- ant stepped, causing her to fall. I further find that as a result of in- vestigation made that the claimant at the time of the accident was a woman of large stature and of considerable weight, and that when she fell she struck this curbing causing a fracture of the sacrum necessitating X -Ray ex- aminations, hospital care for approxi- mately two weeks, and medical care for almost four months during which time claimant was confined to her bed and unable to perform her household duties. I further find from investigation made in this case that prior to the time of this accident actual notice of the con- dition of this curbing had been given to the city by a former employee of the city, and find and am satisfied that the condition of this curbing constituted a culpable defect for which the city was liable. Under date of August 4, 1939, there was filed with the City Clerk a com- munication from the claimant herself in which she sets out expenses incurred as the result of said fall in the total sum of $442.80. This does not include any item or amount for pain, suffering or per- manent injury. I beg to advise that I have effected settlement of this claim for the sum of $442.80 and respectfully recommend that upon her execution of a receipt ane release herewith enclosed, warrant b( drawn in the sum of $442.80, payable to Mrs. Kathrvn Kanavas. I am returning the claim and coni munication herewith. Respectfully submitted, AL. J. NELSON, City Solicitor. Councilman Van Duelman move( that the recommendation of City So. licitor Nelson be approved and that tht City Auditor be instructed to draw warrant on the General Fund in th4 amount of $442.80 in favor of Mrs Kathryn Kanavas as settlement in ful of her personal injury claim, said (lain resulting from a fall caused when shi stepped into a depression or hole in till rock -curbing at the end of the Sotuh erly sidewalk on East 17th Street be tween Elm and Washington Streets, and at the Easterly side of the alley be- tween Elm and Washington Streets, said warrant to be delivered upon the signing of a receipt and release by the said Mrs. Kathryn Kanavas. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelinan, Wharton. Nays—None. There being no further business, Councilman Clark moved to adjourn Seconded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. J. J. SHEA, City Clerk. Approval r" - jA�,,l940. Adoptc( Council Attest - City Clerk. 302 Special Session, November 27th, 1939. City Council (Official) Special Session, November 27th, 1939. Council met at 6:00 P. M. Present—Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton, City Manager Rhomberg. Meeting called by order of Councilmen Van Duelman and Wharton. Mayor Murphy read the call and stated that service thereof had bee duly made and that this meeting in s called for the purpose of considering petitions requesting suspension of their 1938 taxes and acting on any other business as may properly come before a regular meeting of the City Council. Notice of Claim of Joe P. Heim in an unstated amount for personal injuries received in a fall on an icy sidewalk at 20th and Central Avenue, stating that the accident was caused due to the sprinkling of said street 'by the street sprinkler, after which ice formed on the sidewalk, presented and read. Coun- cilman Clark moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Mur- phy, Councilmen Clark, Thompson,Van Duelman, Wharton. Nays—None. Comunication of J. M. Cleminshaw Co., Appraisal Engineers, relative to the revaluation of properties in the City of Dubuque, presented and read. Coun- cilman Thompson moved that the com- munication be received and filed. Sec- onded by Councilman Clark.' Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Petition of Kretschmer Insurance Company requesting release of the Ex- cavation Bond of George F. Pinski, presented and read. Councilman Clark moved that the request be granted. Seconded by Councilman Wharton. Carried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Petition of Ryder Realty Company requesting permission for the installing of an area -way on the West Third Street side of the new Bus Station, pre- sented and read. Councilman Clark moved that the request be granted and that the City Solicitor be instructed to prepare a proper ordinace, the cost of publication of said ordinance to be borne by the Ryder Realty Company, Supervisors, requesting suspension of Carried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Petition of Perfection Oil Company requesting permission to erect a four inch light standard directly back of the curbing in front of their station at Rhombrg Avenue and Elm Street, presented and read. Councilman Clark moved that the request be granted and that the Perfection Oil Company be re- quired to furnish the City of Dubuque with a Public Liability Bond covering said light standard. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Petition of P. S. Fawkes, et al, re- questing the installation of a street light on Langworthy Avenue midway between Hill and Alpine Streets, pre- sented and read. Councilman Van Duelman moved that the petition be referred to the City Manager with power to act. Seconded by Council- man Clark. Carried by the following vote: Yeas—Mayor Murphy, Council- man Clark, Thompson, Van Duelman, Wharton. Nays—None. Petition of Midwest Lumber Com- pany requesting the waiving of the pen- alties and other extra interest charges on the redemption of Lots 4, 5 and 6 of Grandview Heights Addition from delinquent tax sales which involves special assessments for the paving and sewerage on Plymouth Street, present- ed and read. Councilman Wharton moved that the petition be referred to the City Manager and City Treasurer for investigation and report. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Mur- phy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Petition of Interstate Power Com- pany requesting permission to erect structures across the alley at the Kretz Cafeteria located at Sixth and Main Streets and also at the Dubuque Medi- cal Association located at Twelfth and Main Streets for the purpose of mount- ing their wires and transformers, pre- sented and read. Councilman Wharton moved that the requests be granted and that the City Solicitor be instructed to prepare the proper ordinances the cost of publication of said ordinances to be borne by the petitioners. Seconded by Councilman Clark. Carried by the fol- lowing vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Petition of Julia E. Kemler, referred to the City Council by the Board of Supesvisors, requesting suspension of Special Session, November 27th, 1939. the 1938 taxes on the North % of Lot 4 of O'Hare's Subdivision, presented and read. Councilman Van Duelman moved that the petition be referred to the City Solicitor for investigation and report. Seconded by Councilman Clark. Car- ried by the following vote: Yeas— Mayor Murphy, Councilman Clark, Thompson, Van Duelman, Wharton. Nays—None. Petition of Mrs. G. Waldorf, referred to the City Council by the Board of Supervisors, requesting suspension of the 1938 taxes on Lot 81 Langworthy's Addition, presented and read. Council- man Van Duelman moved that the pe- tition be referred to the City Solicitor for investigation and report. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Petition of A. J. Stapleton request- ing that he be reimbursed in the amount of $129.63 for work, labor and materials in repairing the sewer on Grandview Avenue in front of his resi- denre located at 864 South Grandview Avenue, presented and read. Council- man Van Duelman moved that the pe- tition be referred to the City Manager for investigation and report. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Mur- phy, Councilman Clark, Thompson,Van Duelman, Wharton. Nays—None. Council Proceedings for the month of September, 1939, presented for approv- al. -Councilman Clark moved that the Council Proceedings for the month of September, 1939, be approved as print- ed. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Proof of publication, certified to by the publishers, of a statement of re- ceipts and also a list of claims for which warrants were drawn during the month of September, 1939, presented and read. Councilman Clark moved that the proof of publication be received and filed. Seconded by Councilman Thompson. Carried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Dubuque, Iowa, November 15th, 1939. To the Honorable Mavor and Citv Council, Dubuque, Iowa. Gentlemen: In accordance with the provisions of Chapter 289 of the State Code of Iowa, 1935, as amended, the Civil Service Commission conducted a competitive examination for eligible list for appoint - 303 ment to the position of Public Health Nurse, said examination being held on November 10th, 1939. The following list shows the names of those who passed the examination with an average of 70010 or better. Harriet L. Hilton ------------ 91% Elinore J. Kleih-------------- 85/ofo Maude Hammond ----------- 839o' Frances I. O'Meara ----------80% Mary Herrmann ------------ 79%% Mary Catherine Koppes------ 79% Respectfully submitted, FRANCIS P. QUINN, M.D. Chairman. W. J. RAWSON, C. S. HARKER, Commissioners. J. J. SHEA, Clerk, Civil Service Com- mission. State of Iowa, County of Dubuque, ss: Subscribed and sworn to before me a Notary Public in and for Dubuque County, State of Iowa, this 15th day of November, 1939. GERALDINE L. DEMKIER, Notary Public, Dubuque County, Iowa. Councilman Clark moved that the communication and report of the Civil Service Commission be received and made a matter of record. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. November 10, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I herewith submit the reports of the City Auditor, City Treasurer, City Health Department, and the City Wa- ter Department for the month of Octo- ber, 1939, also a list of claims and list of payrolls for which warrants were drawn during the month of October, 1939. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Clark moved that the reports be received and placed on file. Seconded he Councilman Thompson. Carried by the following vote: Yeas— ll a or �I nrl hy, Councilmen Clark, I'humpsun. Van Duelman, Wharton. a� s—None. Resolution No. 196-39. \\'hereas, application for Class 1113" Beer Permit has been submitted to this Council for approval and the same has been examined; Now, Therefore, 304 Special Session, November 27th, 1939. Be It Resolved by the Council of the City of Dubuque that the following ap- plication be and the same is hereby ap- proved and it is ordered that the prem- ises to be occupied by such applicant shall be forthwith inspected. Class "B" Permit. John S. Mayerle and Florence Mayerle (Transfer of address from 400 Cen- tral Avenue) 116 West Sixth Street. Passed adopted and approved this 27th day of November, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. .Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Clark. Carried by the following vote: Yea—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 197-39. Wheras, heretofore application was filed by the within named applicant for Class "B" Beer Permit and has re- ceived the approval of this Council; and Whereas, the premises to be occupied by him have been inspected and found to comply with the ordinances of this City and he has 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 following named persons a Beer Per- mit. Class "B" Permit. Name Address Arthur J. Spahn (Transfer of address from 428 W. Locust St.) 410 Eighth Avenue. Be It Further Resolved that the bond filed by such applicant be and the same is hereby approved. Passed, adopted and approved this 27th day of November, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Clark. Carried by the fol- lowing vote: Yeas—Mayor Murphy, Councilman Clark, Thompson, Van Duehnan, Wharton. Nays—None. Resolution No. 198-39. Resolution and Application for Perma- nent Transfer of Funds. Whereas, an emergency tax levy was made by the City Council of the City of Dubuque for use in supplementing the funds required for debt service dur- ing the fiscal year beginning April 1, 1939, and ending March 31, 1940, upon authority and approval of the State Comptroller; and Whereas, as of the 25th of Novem- ber, 1939, there were cash balances in the Granding Fund of $6,123.72 and in the Improvement Fund of $4,154.56; and Whereas, there is now in the hands of the City Treasurer and credited to the Emergency Fund the sum of $24,- 134.54, which is available for transfer to the Grading and Improvement Funds above referred to for debt service; and Whereas, on November 1, 1939, Grad- ing Bonds in the amount of $10,000.00 and Improvement Bonds in the amount of $30,000.00 matured and Grading Bond Interest in the amount of $2,- 250.00 plus Improvement Bond Interest in the amount of $4,837.50 became due and payable; and Whereas, in order to pay the obliga- tions due it is necessary to make trans- fers of $10,330.00 from the Emergency Fund to the Grading Fund and of $13,- 804.54 from the Emergency Fund to the Improvement Fund; and Whereas, before any transfer can be made from the Emergency Fund to any other fund, an application made to the State Comptroller for authority to make the transfer and his approval secured thereon; Now, Therefore, Be It Resolved by the City Council of the City of Dubuque that, subject to the approval of the State Comptroller, there be and there are hereby trans- ferred from the Emergency Fund the sum of $10,330.00 to the Grading Fund and the sum of $13,804.54 to the Im- provement Fund, and the State Comp- troller is hereby petitioned to authorize and approve such transfers. Be It Further Resolved that, upon the approval of such transfer the Audi- tor of the City of Dubuque is directed to adjust his books accordingly and to Special Session, November 27th, 1939. 305 notify the Treasurer of such transfers, and such notification shall be accom- panied by a copy of this resolution and the record of its adoption. The resolution was passed, adopted, and approved by unanimous action of the City Council on the 27th day of November, 1939, and all members there- of signed their names thereto. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Mur- phy, Councilmen Clark, Thompson,Van Duelman, Wharton. Nays—None. Resolution No. 199-39. Resolution and Application for Perma- nent Transfer of Funds. Whereas, on November 1, 1939, Im- provement Bonds in the amount of $30,000.00 matured and Improvement Bond Interest in the Amount of $4,- 837.50 became due and payable; and Whereas, there is now in the hands of the City Treasurer and credited to the Improvement Fund the sum of $4,- 154.56 which is to be supplemented by a transfer of $1804.54 from the Emer- gency Fund; and Whereas, as of the 25th of Novem- ber, 1939, there were cash balances of $57,193.20 in the Water Works General Fund and of $50,575.40 in the Water Works Sinking Fund; and Whereas, no Water Works Bonds nor interest are due and payable during the remainder of the current fiscal year and $35,000.00 in bonds and $6,862.50 became due and payable during the suc- ceeding year and therefore the require- ments of Section 6151-b1 of the Code of Iowa have been fully met: and Whereas, in order to pay the obliga- tions due it is necessary to make a transfer of $20,000.00 from the Water Works General Fund to the Improve- ment Fund; and Whereas, before any transfer can be made from the Water Works General Fund to any other fund, an application must be made to the State Comptroller for authority to make the transfer and his approval secured thereon; Now, Therefore, Be It Resolved by the City Council of the City of Dubuque that, subject to the approval of the State Comptroller, there be and there is hereby transferred from the Water Works General Fund to the Improvement Fund the sum of $20,000.00, 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 Audi- tor of the City of Dubuque is directed to adjust his books accordingly and to notify the Treasurer of such transfers, and such notification shall be accom- panied by a copy of this resolution and the record of its adoption. The resolution was passed, adopted, and approved by unanimous action of the City Council oil the 27th day of November, 1939, and all members thereof signed their names thereto. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. November 16, 1939. Honorable Mayor and City Council, Dubuque, Iowa. Re: Claim of E. A. Stewart. Gentlemen: There has been referred to me for investigation and report the claim of E. A. Stewart filed October 14, 1939, for damages to his automobile sus- tained October 10, 1939, at or near the corner of Burch and Hill Streets in the Citv of Dubuque, when his automobile stopped about a car length from the rear of one of the street flushers and when, without knowing of the presence of the automobile, the employee operat- ing the street flusher backed same into and against Mr. Stewart's automobile, damaging the left headlight and fender. I find that this street flusher was en- gaged in a governmental function at the time of this accident, and for that rea- son there is no liability on the part of the citY, and I respectfully recommend that the claim be disallowed. 1 am returning the claim herewith. Yours very truly, Al„ J. NELSON, City Solicitor. Per E. Burds. Councilman Clark moved that the recommendation of Cit), Solicitor Nel- som be approved and that the claim be <lisall �� cd, Seconded by Councilman Van Duelman. Carried by the follow- ing vote: Yeas—May(,r Murphy, Coun- 306 Special Session, November 27th, 1939, cilmen Clark, Thompson, Van Duel - man, Wharton. Nays—None. Resolution 200-39. Whereas, the City Council of the City of Dubuque, upon its own action, e proposes to a-nd and change the zoning may of said City, in the follow- ing respects: By changing from "single-family res- idence district," to "two-family resi- dence district," the area described as follows: From a point on the Northerly property line of Kirkwood Street 100 feet Easterly from the Easterly property line of Alta Vista Street, thence parallel to Alta Vista Street to the center line of the alley be- tween Kirkwood and Bellevue Strets, thence Easterly along the center line of said alley to the cen- ter line of Blake Street, thence Northerly along the center line of Blake Street to the center line of Bellevue Street, thence Easterly along the center line of Bellevue Street to the Easterly line of Eliza- beth Place extended, thence South- erly to the center line of Elizabeth Place, thence Westerly along the center line of Elizabeth Place to the Westerly property line of Cox Street, thence Westerly on a line 100 feet Southerly and parallel to the Southerly property line of Kirkwood Street to a point 100 feet Easterly from the Easterly property line of Alta Vista Street, thence Northerly on a line parallel to and 100 feet from the Easterly property line of Alta Vista Street to the point of be- ginning." Whereas, before said zoning map may be thus amended and changed it is necessary that a public hearing be held thereon; Now, Therefore, Be It Resolved by the City Council of the City of Dubuque that the City Clerk be, and he is hereby directed to cause to be published in the Dubuque Telegraph -Herald, a notice of a public hearing to be held by this Council upon the propo$ed changes and amendments, said meeting and hearing being hereby fixed at 7:30 o'clock P. M., December 18th, 1939, and to be held in the Coun- cil Chamber in the City Hall, said no- tice to be published at least fifteen (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, adopted and approved this 27th day of November, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL, A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Mur- phy, Councilmen Clark, Thompson,Van Duelman, Wharton. Nays—None. Ordinance No. 31-39. An ordinance granting to E. P. Kretz, owner, his heirs and assigns the right to construct and maintain a canopy in front of and attached to a building located on the North 37 feet 11 inches of Lot Twenty (20) in the City of Dubuque, Iowa, and prescribing the conditions of such per- mit, presented and read. Councilman Van Duelman moved that the reading just had be considered the first reading of the ordinance. Seconded by Coun- cilman Wharton. Carried by the fol- lowing vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Councilman Van Duelman moved that the rules be suspended requiring an or- dinance to be read on three separate days. Seconded by Councilman Whar- ton. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. The ordi- nance was then read a second time. Councilman Van Duelman moved that the reading just had be considered the second reading of the ordinance. Sec- onded by Councilman Wharton. Car- ried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. There being no further business, Councilman Clark moved to adjourn Seconded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman,Whar- ton. Nays—None. J. J. SHEA, City Clerk. Approved _ _ ----- 1940. Adopted _ -1940. U G1�xi Coutl* en Attest: City Clerk. Regular Session, December 4th, 1939. 307 City Council (Official) Regular Session, December 4th, 1939. Council met at 8:00 P. M. Present—Mayor Murphy, Council- men Clark, 'Thompson, Van Duelman, Wharton, City Manager Rhomberg. ivlayor Murphy stated that this :s t't(: regular monthly meeting of the City Council for the purpose of acting upon such business as may properly come before the meeting. Original Notice of Suit of Mary E. Hense in the amount of $1,000.00 as damages for personal injuries sustained in a fall on a defective sidewalk on the North side of West Fifth Street, be- tween Main and Iowa Streets, and in front of the building occupied by the Molo Oil Company, presented and read. Councilman Clark moved that the Orig- inal Notice of Suit be referred to the City Solicitor. Seconded by Council- man Thompson. Carried by the fol- lowing vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 198-39. Resolution and application for perma- nent transfer of funds. Whereas, an emergency tax levy ,vas made by the City Council of the Citv of Dubuque for use in supplementing the funds required for debt service dur- ing the fiscal year beginning April 1, 1939, and ending March 31, 1940, upon authority and approval of the State Comptroller; and Whereas, as of the 25th of Novem- ber, 1939there were cash balances in the Grading Fund of $6,123.72 and in the Improvement Fund of $4,154.56; and Whereas, there is now in the hands of the City Treasurer and credited tc the Emergency Fund the sum of $24,. 134.54, which is available for transfer to Fundseabove Grading eto forpdebtttser- vice; and Whereas, on November 1, 1939 Grading Bonds in the amount of $10, 000.00 and Improvement Bonds in till amount of $30,000 matured and Grad ing Bond interest in the amount o $2,250.00 plus Improvement 1 e nd 11, terest in the amount of $4,837-50 came due and payable; and Whereas, in order to pay the obliga tions due it is necessary to make trans fers of $10,330.00 from the Emergenc. Fund to the Grading Fund and of $13,- iO4.54 from the Emergency Fund to :he Improvement Fund, and Whereas, before any transfer can be rade from the Emergency Fund to any )they food, an application made to the ;tate Comptroller for authority to make the transfer and his approval secured thereon; --ow, Therfeore, Be It Resolved, by the City Council of the City of Dubuque, that, subject to the approval of the State Comptroller, there he and there are herebyy trans- ferred from the Entrgency Fund the punt of $10,330.00 to the Grading Fund and the sum of $13,804.54 to the Im- provement Fund, and the State Comp- troller is hereby petitioned to author- ize and approve such transfers. Be It Further Resolved that, upon the approval of such transfer the Aud- itor of the City of Dubuque is directed to adjust his books acordingly and to notify the 'Treasurer of such transfers, and such notification shall be accom- panied by a copy of this resolution and the record of its adoption. The resolution was passed, adopted, and approved by unanimous action of the Citv Council on the 27th day of Novemf)er, 1939, and all members thereof signed their names thereto. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. The above resolution and application having been filed with the State Comp- troller, the transfer requested is hereby approved this 28th day of November, 1939. C. FRED PORTER, State Comptroller. Councilman Clark moved that the ap- proval of State Comptroller Porter be received and made a matter of record. Seconded by Councilman Thompson. Carried by the following vote: Yeas— Mayor \lurphy, Councilmen Clark, I'hompse,n, Van Duelman, Wharton. Nays Nene. Resolution No. 199-39. Resolution and application for per- manent transfer of funds, Whereas, on November 1, 1939, Int- 1>rovemeut Bonds in the amount of $30,- 000.00 matured and Improvement Bond 30S Regular Session, December 4th, 1939. interest in the amount of $4,837.50 be- came due and payable; and Whereas, there is now in the hands of the City Treasurer and credited to the Improvement Fund the sum of $4,- 104.56 which is to be supplemented by a transfer of $13,80.1.54 from the Emergency Fund; and Whereas, as of the 25th of Novem- ber, 1939, there were cash balances of $57,193.20 in the Water \\'orks General Fund and of $50,575.40 in the Water Works Sinking Fund; and Whereas, no Water Works Bonds nor interest are clue and payable during the remainder of the current fiscal year and $35,000.00 in bonds and $6,862.50 became due nad payable during the suc- ceeding year and therefore the require- ments of Section 6151-b1 of the Code of Iowa have been fully met; and Whereas, in order to pay the obliga- tions due it is necessary to make a transfer of $20,000.00 from the Water Works General Fund to the Improve- ment Fund; and Whereas, before any transfer can be made from the Water Works General Fund to any other fund, an application must be made to the State Comptroller for authority to make the transfer and his approval secured thereon; Now, Therefore, Be It Resolved by the City Council of the City of Dubuque that subject to the approval of the State Comptroller, there be and there is hereby transfer- red from the Water Works General Fund to the Improvement Fund the sum of $20,000.00, and the State Comp- troller is hereby petitioned to authorize and approve such transfer. Be It Further Resolved, that upon the approval of such transfer the Aud- itor of the City of Dubuque is directed to adjust his books accordingly and to notify the Treasurer of such transfers, and such notification shall be accom- panied by a copy of this resolution and the record of its adoption. The resolution was passed, adopted, and approved by unanimous action of the City Council on the 27th day of November, 1939, and all members thereof signed their names thereto. GEO. R. MURPHY, Mavor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL, A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. The above resolution and application Irving been filed with the State Comp- troilcr, the transfer requested i, ap- proved this 23th day of Novernber, i 93 9. C. FRED PORTER, State Comptroller. Councilman Clark moved that the. approval of State Comptroller Porter be received and made a matter of rec- ord.Seconded by Councilman Thomp- son. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Dulman, Whar- ton. Nays --None. Petition of Board of Trustees of'v\'est Hill Chapel requesting that the sewer assessment levied against the North 40 feet of Lot 122 in Union Addition be remitted or in the event that said peti- tion is denied, then to cancel the inter- est and penalties on said assessment presented and read. Councilman Clark moved to refer the petition to the Citv Manager and City Treasurer for inves- tigation and report. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Mur- phy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Council Proceedings for the month of October, 1939, presented for approv- al. Councilman Thompson moved that the Council Proceedings for the month of October, 1939, be approved as print- ed. Seconded by Councilman Clark. Carried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Ordinance No. 31-39. An Ordinance granting to E. P. Kret-r., owner, his heirs and assigns the right to construct and maintain a canopy in front of and attached to a building located oil the North 37 feet 11 inches of Lot Txventy (20) in the City of Dubuque, Iowa, and prescribing the conditions of such per- mit, said ordinance having been passed upon first and second readings on the. 27th day of November, 1939, presented and read a third time. ORDINANCE NO. 31-39. Ali Ordinance granting to E. 1'. I-�retz, owner, his heirs and assigns, the right to construct and maintain a can- opy in front of and attached to a build- ing located on the North 37 feet 11 inches of Lot Twenty (20) in the City of Dubuque, Iowa, and prescribing the conditions of such permit: BE IT ORDAINED BY THE CITY COUNCIL, OF THE CITY OF DUBUQUE: PARAGRAPH 831, Section 1. That E. P. Kretz, owner, his heirs and assigns, be and he is hereby grant- ed the right and authority to construct Regular Session, December 4th, 1939. and maintain a canopy in front of and attached to 1 building located on the NorCl 35 feet 11 inches of I,ot 'I'v emy (20) in the City of Dubuque, Iota, such canopy to be 11 feet 7 inches in length, 10 feet 6 inches in width and 8 feet 6 inches above the sidewalk, and to be attached to the building located upon said lot and constructed over the entrance to the building owned by E. P. 1�retz, located thereon, according to the plans tiled with the building commis- sioner of the City of Dubuque, and to be built under the supervision of the building commissioner of the City of Dubuque. PARAGRAPH 832, Section 2. It is understood and provided that such right, license and permission is herein granted, subject to the payment and assumption by the said E. P. Pretz, owner, of the cost of publication of this ordinance and subject to the continuous control of the City Council of the City of Dubuque, reserving the right to im- pose restrictions or conditions upon the enjoyment thereof, as may reasonably be necessary for the protection of the public interests, including the right to revoke and rescind such permission if at any time the public interests should require such revocation. If, and when such permit, right and license is re- voked by the City Council, E. P. Kretz, owner, his heirs or assigns, shall re- move such canopy at his or their owii expense, or restore such part of the sidewalk as has been occupied thereby to the same condition as it was in prior to the construction of such canopy. PARAGRAPH 833, Section 3. This ordinance shall be in force and effect tett (10) days from and after its final passage, adoption and approval by the City Council, and publication as provided by law, and the rights here- under shall accrue to said E. P. Kretz, his heirs and assigns, when the provi- sions hereof shall have been accepter' by them. That the cost of publication of this ordinance enacted for the benefit of the said E. P. Kretz, shall be borne b% 1'• P. Kretz, of Dubuque, Iowa. Passed upon first and second read ings this 27th clay of November, 1939 Passed, adopted and approved upas final reading this 4th day of December 1939. GEO. R. MURPHY, Mayo'' FRANK VAN DUELMAN ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON. Councilmen. Attest: J. J. SHEA, City Clerk. 309 .\CCI?P'I'ANCC OF ORDINANCE, BY OWNER I,;. 1'. Krctz, owner, of the North 37 icet 11 inches of Lot Twenty (20) in the City of Dubuque, Iowa, does hereby accept the terms, provisions and condi- tions of the ordinance adopted by the Cite Council of the City of Dubuque, designated as "Ordinance No. 31-39." "An Ordinance granting to E. P. Kretz, owner, his heirs and assigns the ri ;ht to construct and maintain a can- opy- in front of and attached to a build- ing located on the North 37 feet 11 inches of Lot Twenty (20) in the City of Dubuque. Iowa, and prescribing the conditions of such permit," this 5th day of December, 1939. E. P. KRETZ, Owner. Published officially in The Telegraph- Ilerald newspaper December 6th, 1939. J. J. SHEA, 12-6-1t City Clerk. Councilman Clark moved the adop- tion of the ordinance. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, \\'harton. Nays—None. December 4, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Having received the attached petition of Mrs. R. A. French, which was re- ferred to the Planning and Zoning Commission by the City Council on November 9th, the latter Commission made a study of the existing conditions in the entire neighborhood involved, and recommends to the City Council the re -zoning of the section of Delhi Street from Auburn Street to West Fourteenth Street, on both sides of the street, front the present Two Family Residence classification to a Multiple Residence District as per the attached plat. Respectfully submitted. R. V. McKAY, Secretary. Dubuque Planning and Zoning Commission, H. H. H. Cotntcilman Clark moved that the recommendation of the Planning and Zoning Commission be received and made a matter of record and that the City Solicitor be instructed detprepare tits proper proceeding.'. on by Councilman Van Duelman. Carried by the following vote: Yeas—�lThomayor Mon, shy , ur- Councilmen Clark, \"an Duehnan, Wharton. Nays—None. 310 Regular. Session, December 4th, 4939. December 4, 1939. To the Honorable Mavor and City Council, Dubuque, Iowa. Gentlemen: At the Council meeting of November 6th the petition of the Realty Investors Corporation requesting a refund of pen- alties clue on Special assessments against Lot 164 of Woodiawn Park for the paving of Auburn Street (Fund $98) was referred to the City Manager for investigation and report. Dubuque County held a tax sale cer- tificate against the above lot and the principal amount of the delinquency was $71.08 and the cost to redeem was $138.78. I recommend that the City Auditor be authorized to draw a warrant on the Special Bonded Fund in the amount of $44.33 representing a refund of all in- terest in excess of 5% per annum and all penalties included in the payment made to the County. Respectfully submitted, A. A. RHOMBERG, City Manager Councilman Wharton moved that the recommendation of City Manager Rhomberg be approved and that the City Auditor be instructed to draw a warrant on the Special Bonded Fund in the amount of $44.33 in favor of Realty Investors Corporation repre- senting a refund of all interest in excess of 51yo per annum and all penalties in- cluded in the payment made to the County on special assessments against Lot 164 of Woodlawn Park Sub. for the paving of Auburn Street. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nayg—None. December 4, 1939. '1'o the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the Council meeting of November 6th the petition of Mrs. Anna Theis requesting a reduction in penalties on the delinquent special assessments against the E. 100 ft. of the E. 200 ft. of Lot 17, Sister's Add. was referred to the City Manager for investigation and report. The records show that the delinquent special assessments for 1933-1934-1935 totalling $17.25 plus interest and penal- ties of $17.95 equal $35.20. I recommend that following the re- demption of the tax sale certificate held by Dubuque County that the City Au- ditor be authorized to draw a warrant in the special Bonded Fund in the amount of $12.52, representing the re- fund of all interest in excess of 5ofo per annum and all penalties included the payment inade to the Count.. Respectfully submitted, A. A. RHOMBERG, City \lanager. Councilman Van Duelman moved that the recommendation of City Man- ager Rhomberg be approved and that the City Auditor be instructed to draw a warrant on the Special Bonded Fund in the amount of $12.52 in favor of Mrs. Anna Theis representing a refund of all interest in excess of 5ofo per annum and all penalties included in the payment made to the County on special assess- ments against the E. 100 ft. of the E. 200 ft. of Lot 17, Sister's Addi- tion. Seconded by Councilman Clark. Carried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. December 4, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the Council meeting of November 6th the petition of Edwin C. Kuehnle requesting a refund of penalties clue on special assessments for Lots 11, 13, and 14 of 6, 7, 8, 9 Quigley's Sub. of 157 and for Lot 8 of O'Neill's Sub. No. 3 was referred to the City Manager for investigation and report. The records show that all of the above lots are delinquent for the West Dubuque Sewer (Fund 903) and in ad- dition Lot 8 of O'Neill's Sub. is delin- quent for the paving of Algona Street (Fund 921) and that all of these de- linquencies are involved in tax sale cer- tificates held by Dubuque County. The principal amounts of the delinquencies and the costs of redemption are as fol- lows: Lots 11, 13, 14 of 6, 7, 8, 9 Quigley's Sub. of 1z)7 -- Fund 903 --------- $65.10 and $131.05 Lot 8 of O'Neill's Sub. No. 3 -- Fund 903 --------- $21.72 and $ 43.61 Fund 921 --------- $29.37 and $ 59.06 I recommend that upon the redemp- tion of the tax sale certificates held by Dubuque County on the above lots that the City Auditor be authorized to draw a warrant on the Special Bonded Fund in the amount of $78.50 ($43.58 for Lots 11, 13, 14 of 6, 7, 8, 9 Quigley's Sub. of 157; $14.76 for Fund 903 and $20.16 for Fund 921 against Lot 8, O'Neill's Sub. No. 3) representing the refund of all interest in excess of 5% per annum and all penalties included in the pay- ment made to the Countv. Respectfully submitted, A. A. RHOMBERG, City Manager. Regular Session, December 4th, 1939. 311 Councilman Clark moved that the recommendation of City Manager Rhomberg be approved and that the City Auditor be instructed to draw a warrant on the Special Bonded Fund in the amount of $78.50 in favor of Fd - will C. Kuehnle representing the re- fund of all interest in excess of 5% per annum and all penalties included in the payment made to the County on special assessments against Lots 11, 13, and 14 of 6, 7, 8, 9 of Quigley's Sub. of 157 and for Lot 8 of O'Neill's Sub. No. 3. Seconded by Councilman Thompson. Carried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. December 4, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the Council meeting of November 6th the petition of W. F. Allendorf re- questing a refund of penalties due on special assessments for Lot 35 of part of Farley's Sub. was referred to the City Manager for investigation and report. There are delinquencies in Funds 822 and 839 involvd in a tax sale certificate to Dubuque County. The principal amount of the delinquencies and the costs to redeem are as follows: Fund 822 --------- $68.60 and $180.51 Fund 839 --------- $42.12 and $ 84.12 I recommend that upon the redemp- tion of the tax sale certificate held by Dubuque County against the above lot that the City Auditor be authorized to draw a warrant on the Special Bond- ed Fund in the amount of $113.99 ($85.79—Fund 822 and $28.20—Fund 839) representing a refund of all inter- est in excess of 5% per annum and of all penalties included in the payments made to the County. Respectfully submitted, A. A. RHOMBFRG, City Manager. Councilman Clark moved that till recommendation of City Managei Rhomberg be approved and that th( City Auditor be instructed to draw , warrant on the Special Bonded Fun( in the amount of $113.99 it, favor o W. F. Allendorf representing a refun( of all interest in excess of 5°/o per an num for all penalties included in til, payments made to the County on spe cial assessments against Lot 35 of par of Farley's Subdivision. Seconded b; Councilman Thompson. Carried h; the following vote: Yeas—.\favor A r psol Vail DuelmannWha Coen al k Nayls Non( December 4, 1939. 1'o the Honorable Mayor and -ity Council, Dubuque, Iowa. Gentlemen: At the Conucil meeting of November 5th the petition of J. F. Kemler re- questing reductions on asssessments against the N. % of Lot 4 of O'Hare's Sul). for the paving of Grace Street ( Fund 925) and for the West Dubuque Sewer (Fund 903) was referred to the City Manager for investigation and re- port. The records show that the assess- ments against the above lot for the West Dubuque Sewer were paid for 6 vears, are delinquent for 3 years, with the 1940 installment soon to become due. The first five installments for the Grace Street paving were paid, three payments are delinquent, and the 1940 and 1941 still remain to be met. I recommend that upon the payment of the delinquent special assessments against the N. % of Lot 4, O'Hare's Sub. that the City Auditor be author- ized to draw a warrant on the Special Bonded Fund for the refund on all in- terest in excess of 5% per annum and all penalties included in the redemp- tion. Respectfully submitted, A. A. RHOMBFRG, City Manager. Councilman Clark moved that the recommendation of City Manager Rhomberg be approved and that upon the payment of the delinquent special assessments by J. F. Kemler against the North % of Lot 4 O'Hare's Sub. that the City Auditor be authorized to draw a warrant on the Special Bonded Fund in favor of J. F. Kemler for the refund on all interest in excess of 5% per annum and all penalties included in the redemption. Seconded by Council- man 'Thompson. Carried by the fol- lowing vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. December 4, 1939. 'I'o the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: ,\t the Council meeting of November 6th, the petition of J. H. Wallis by J. Allcn \\'allis, Tr., requesting a refund of pcnaltics due on special assessment; against Lot 7 of McClain's Sub, of Lots I of 1 of 1 of 16 of McClain's Sub. and 2 of 2 of 1 of Mineral l,ot 150 in Fund 872 was referred to the City Manager for investigation and report. Dubuque County held tax certificate against the above lots and the principal amrnlnts of the delinquency was $169.11 and the cost to reticent was $291.80. 312 Regular Session, December 4th, 1939. I recommend that the City Auditor be authorized to draw a warrant on the Special Bonded Fund in the amount of $75.62 representing a refund n annum l and in- terest in excess of 5% p all penalties included in the payment made to the County. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Thompson moved that the recommendation of City Manager Rhomberg be approved and that the City Auditor be authorized to draw a warrant on the Special Bonded Fund in the amount of $75.62 in favor of J. H. Wallis by J. Allen Wallis, Tr., re- presenting a refund of all interest in excess of 5010 per annum and all penal- ties included in the payment made to the county on special assessments against Lot 7 of McClain's Sub. and Lots 1 of 1 of I of 16 of McClain's Sul). and 2 of 2 of 1 of Mineral Lot 150. Seconded by Councilman Clark. Carried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. December 4, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the Council meeting held Novem- ber 27th the petition of the Midwest Lumber Company requesting a refund of penalties due on Special Assessments against Lots 4, 5 and 6 of Grandview Heights Add. was referred to the City Manager and City Treasurer for inves- tigation and report. The records show that the above lots are delinquent for the paving of Plymouth Street (Fund 806) and for the Grandview Heights Sewer (Fund 940) and that these delinquencies are in- volved in tax sale certificate held by Dubuque County. The principal amounts of the delinquencies and the costs of redemption of the three lots are as follows: Fund 806 -------- $317.64 and $633.81 Fund 940 -------- $433.93 and $705.8E We recommend that upon the re- demption of the tax sale certificate held by Dubuque County on the above lot, that the City Auditor be authorized tc draw a warrant on the Special Bonded Fund in the amount of $302.14 ($195.15 for Fund 806 and $106.95 for Fund 940' representing the refund of all interest it excess of 50/c per annum and all penal ties included in the payment made t( the county. Respectfully submitted, A. A. RHOMBERG, City Manager. OTTO F. PULS, City Treasurer. Councilman Clark moved that the ecommendation of City Manager Rhomberg and City Treasurer Puls be ipproved and that upon the redemption :)f the tax sale certificate held by Du- buque County on Lots 4, 5 and 6 of Grandview Heights Addition by Mid- west Lumber Company that the City Auditor be authorized to draw a war- rant on the Special Bonded Fund in the amount of $302.14 in favor of Midwest Lumber Company representing the re- fund of all interest in excess of 5ofo per annum and all penalties included in the payment made to the Countv. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 201-39. Whereas, applications for Class "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 ap- plications be and the same are hereby approved and it is ordered that the premises to be occupied by such appli- cants shall be forthwith inspected. Class "B" Permit. Name Address Francis X. Page, 73-75 East Fourth St. Fred J. Saeugling and Ed. M. Harks, 2417 Rhomberg Avenue. Rul en J. Weber, 1543 Central Avenue. Vern Okey, 1766 Central Avenue. Peter J. Kress, 41 West Seventh Street. Passed. adopted and approved this 4th day of December, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy. Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 202-39. Whereas, heretofore applications were filed by the within named appli- cants for Class "B" Beer Permits and thev received the approval of this Coun- cil: and Whereas, the premises to be occupied by them have been inspected and found to comply with the ordinances of this Regular Session, December 4th, 1939. 313 City and they have filed a proper bond; Now, Therefore, Be It Resolved by the Council of the Citv of Dubuque that the Manager be and he is hereby directed to issue to the following named persons a Beer Permit. Class "B" Permit. Name Address John S. Mayerle and Florence Mayerle (Transfer of address from 400 Cen- tral Avenue) 116 West Sixth Street. Francis X. Page, 73-75 Bast Fourth St. Fred J. Saeugling and Ed. M. Harks, 2417 Rhomberg Avenue. Ruben J. Weber, 1543 Central Avenue. Vern Okey, 1766 Central Avenue. Peter J. Kress, 41 West Seventh Street. Be It Further Resolved, that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 4th day of December, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded ' Councilman Wharton. Carried by the following vote: Yeas—Mayor Mur- phy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. December 4, 1939. Honorable Mayor and Citv Council, Dubuque, Iowa. 1938 Tax Suspension. Gentlemen: Under date of November 28th there was referred to this office for investiga- tion, petitions of Mrs. G. Waldorf and Julia E. Kmler for suspension of 1938 taxe s. Beg to advise that I have made in- vestigation of said petitions and attach- ed hereto report on same. Respectfully submitted, AI„ J. NELSON, City Solicitor. Per E. Burdt. Councilman Clark moved that the communication of City Solicitor Nelson be received and made a matter of rec- ord. Seconded by Councilman Thomp- son. Carried by the following cilm , Yeas—Mayor Murphy, Clark, Thompson, Van Duchnan, Wharton. Nays—None, Councilman Clark moved that the pe- tition of Mrs. Gertrude Waldorf, re- questing suspension of the 1938 taxes on Lot 81 Langworthy's Addition, be granted and that the Board of Super- visors be notified of the action of the City Council. Seconded by Councilmen Thompson. Carried by the following vote: Yeas—Mayor Murphy, Council- men Clark, Thompson, Van Duelman, \\'harton. Nays—None. Councilman Clark moved that the pe- tition of Julia E. Kemler, requesting suspension of the 1938 taxes on the North % of Lot 4 of O'Hare's Subdivi- sion, be granted and that the Board of Supervisors be notified of the action of the City Council. Seconded by Coun- cilman Thompson. Carried by the fol- lowing vote: Yeas—Mayor Murphy, Councilman Clark, Thompson, Van Duelman, \\'harton. Nays—None. December 4, 1939. Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At a meeting of the City Council held Oil November 27, 1939, I was directed to prepare ordinance granting the In- terstate Power Company the right to construct and maintain trusses for the carr 'ving of transformers and other elec- trical apparatus in the alleys in the rear of the building occupied by the Medical Associates and also Kretz Cafeteria. I herewith submit such ordinances, which provide that the cost of publica- tion thereof shall be borne by the In- terstate Power Company. Respectfully submitted, AL. J. NELSON, City Solicitor. Per E. Burdt. Councilman Van Duelman moved that the communication of City Solicit- or Nelson be received and made a mat- ter of record. Seconded by Councilman Clark. Carried by the foil Councilmen eas—Mayor Murphy, Clark, Thompson, Van Duelman,Whar- ton. Nays—None. Ordinance No. 32-39. An Ordinance granting to Interstate Power Company of Dubuque, Iowa, its successors or as- signs, the right to construct and main- tain a truss or trusses across the alley between 'Twelfth Street and 'Thirteenth Street, and Main Street and Iowa af a ill l` t oD ufeet of he ndbutti ngthe 'North 40 314 Regular Session, December 4th, 1939. South Two -Fifths, and the West 65 feet 8 inches of the South 62 feet 4 inches of the South Two -Fifths of City Lot 465, and extending from a pole ad- jacent to the building on the Westerly side of said alley to a hole on the E•t• eriv side of said alley, and prescribing the conditions of such permit, present- ed and read. Councilman Van Duel - man moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mavor Murphy, Council- men Clark, 'Thompson, Van Duelman. Wharton. Nays—None. Councilman Van Duelman moved that the rules be suspended requiring an ordinance to be read on three separate clays. Seconded b- Councilman Wharton. Carried by the following vote: Yeas—Mayor Mur- phy, Councilmen Clark, Thompson,Van Duelman, Wharton. Nays—None. The ordinance was then read a second time. Councilman Van Duelman moved that the reading just had be considered the second reading of the ordinance. Sec- onded by Councilman Wharton. Car- ried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Ordinance No. 33-39. An Ordinance granting to Interstate Power Company of Dubuque, Iowa, its successors or as- signs, the right to construct and main- tain a truss or trusses across the alley between Fifth Street and Sixth Street and Main Street and Iowa Street, in the Citv of Dubuque, Iowa, and abutting the North 37 feet 11 inches of City Lol 20, and extending from a pole adjacen to the building on the Westerly side o'. said alley to a pole on the Eastrely sid( of said alley, and prescribing the condi tions of such permit, presented am read. Councilman Van Duelmai moved that the reading just had be con sidered the first reading of the ordin ince. Seconded by Councilman Whar ton. Carried by the following vote Yeas—Mayor Murphy, Councilmai Clark, Thompson, Van Duelman,Whar toil. Nays—None. Councilman Vai Duelman moved that the rules be sus pended requiring an ordinance to b read on three separate days. Seconde by Councilman Wharton. Carried 1) the following vote: Yeas—Mavor Mur u,hy, Councilmen Clark, Thompson,Va Duelman, Wharton. Nays—None. Th ordinance was then read a second time Councilman Van Duelman moved thr the reading just had be considered th second reading of the ordinance. Sec onded by Councilman Wharton. Cai ried by the following vote: Yeas - Mayor Murphy, Councilmen Clarl 'Thompson, Van Duelman, Wharto Nays—None. December 4th,. 1939. -lonorable Mayor and City Council, ?ubuque, Iowa. ;entlemen: At a meeting of the City Council held November 27th, 1939, I was directed to )repare proper ordinance granting to Ryder Realty Company the right to :onstruct an areaway in West Third itreet and abutting the new bus station. I find that permission to construct and maintain said areaway should be riven to the owners of the property, vho are, Marion J. Ryder and Isabel M. Ryder, and I, therefore, submit here- �vith ordinance granting such right to them. Ordinance provides the cost of pub- lication thereof shall be borne by the owners of the building. Respectfully submitted, AL. J. NELSON, City Engineer. Per E. Burdt. Councilman Thompson moved that the communication of City Solicitor Nelson be received and made a matter of record. Seconded by Councilman Clark. Carried by the following vote. Yeas—Mayor Murphy, Councilmen Clark, Thompson,, Van Duelinan,Whar- ton..� Nays—None'. Ordinance No. 34-39. An Ordinance granting to Marion J. Ryder and Isabel M. Ryder, owners, their heirs and as- signs, the right to construct and main- tain an areaway in West Third Street. adjacent to and abutting City Lot 72-A, in the town, now city, of Dubuque, Iowa, and prescribing the conditions of Faid permit, presented and read. Coun- cilman Van Duelman moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Councilman Van Duelman moved that the rules be suspended requiring an or- dinance to be read on three separate clays. Seconded by Councilman Whar- ton. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, 'Thompson, Van Duelman,Whar- ton. Nays—None. The ordiannce was then read a second time. Councilman Van Duelman moved that the reading just had be, considered the second reading of the ordinance. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Murphy. Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Regular Session, December 4th, 1939. Councilman Clark moved that the two new pumping engines for the hire Department furnished under contract with the Waterloo Construction Com- pany, Waterloo, Iowa, be accepted. Seconded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman,Whar- ton. Nays—None. There being no further business, Councilman Wharton moved to ad- journ. Seconded by Councilman Van Duelmau. Carried by the following vote: Yeas—Mayor 141urphy, Council- men Clark, Thompson, Van Duelman, Wharton. Nays—None. J. J. SHEA, City Clerk. sat 1940. Adopted AJ 1940. -,---- d--- - -- ;:.2�J.�r- Cou--------------------- L - -----------L- ------------------ __-- _- �,-? ' --- Attest: City Clerk. 115 316 S^e ial Session, December 18th, 1939. City Council (O (ficial) Special Session, December 18th, 1939. Council met at 7:30 P. M. Present—Mayor Murphy, Council- men Clark, Thompson, Van Duelman, \\'harton, City Manager Rhomberg. Resolution No. 203-39. On December 17, 1939, Al. J. Nelson, Solicitor of the City of Dubuque was summoned by Almighty God to his eternal reward. The news of his death has shocked this entire community. His friends were legion. He was honored and esteemed by his fellow men and was endeared to all who knew him. As a lawyer he won the respect and ad- miration of not only the courts, the Council, and his colleagues, with whom he was directly associated, but also of all who had occasion to consult him in his professional capacity. The count- less gratuitous services rendered by the deceased to alleviate the distress of World War veterans, their widows and orphans, marked him as an exemplar of Christian charity. As a public official, he was courteous, honest and conscien- tious in the performance of his duty. The position he occupied with the City of Dubuque was of great importance and trust and he fulfilled his responsi- bilities in a commendable and capable manner. The City of Dubuque owes to Al. J. Nelson a debt of gratitude and this Council, as the governing body thereof, wishes to repay this obligation by giving public expression of the ap- preciation and high regard in which he Nvas held by all, as a public official, as a lawver and as a man. It is Therefore Resolved, that this tribrte to his memory be perpetrated by having the same recorded upon the public records of the City Council of the City of Dubuque. It is Further Resolved, that a copy hereof be delivered by the Clerk to the sorrowing family. Passed, adopted and approved tnis 18th day of December, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL, A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHrA, City Clerk. Councilman Clark moved the adop- tion of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Councilman Clark moved that out of respect for the death of City Solicitor Al. J. Nelson that Council adjourn to meet December 19th, 1939, at 7:30 P. M. Seconded by Councilman Wharton. Carried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. J. J. SHEA, City Clerk. Approved ----------------------1940. Adopted -----------------------1940. ---- ------------------ ------------------- Councilmen: ---------------------- - I----------------------- �----------------------- Attest: ----------------------------- City Clerk. Adjourn-] Spec'al Session December 19th, 1939. . 317 City Council (Official) Adjourned Special Session, Decem- ber 19th, 1939. Council met at 7:55 P. M. Present—Mayor Murphy, Council- men Thompson, Van Duelman, Whar- ton, City Manager Rhomberg. Absent —Councilman Clark. Meeting called by order of Council- men Van Duelman and Wharton. Mayor Murphy read the call and stated that service thereof had been duly made and that this meeting is an adjourned meeting of the Special Meeting of December 18th, 1939, for the purpose of conducting a public hearing upon a proposal to amend and change the Zoning Map by changing from "single-family residence district" to `two-family residence district" the area described as follows: From a point on the Northerly property line of Kirk- wood Street 100 feet Easterly from the Easterly property line of Alta Vista Street; thence parallel to Alta Vista street to the centerline of the alley be- tNveen Kirkwood Street and Bellevue Street; thence Easterly along the cen- ter line of said alley to the center line of Blake Street; thence Northerly along the center line of Blake Street to the center line of Bellevue Street; thence Easterly along the center line of Bellevue Street to the East- erIv line of Elizabeth Street Extended; thence Southerly to the center line of i;lizabeth Street; thence Westerly along the center line of Elizabeth Place to the Westerly property line of Cox Street; thence Westerly on a line 100 feet Southerly and parallel to the South- erly property line of Kirkwood Street to a point 100 feet Westerly from the Easterly property line of Alta Vista Street; thence Northerly on a line par- allel to and 100 feet from the Easterly propery line of Alta Vista Street to the point of beginning, and acting on any other business as may properly come before a regular meeting of the City Council. Proof of publication, certified to by the publishers, of the notice of a public hearing upon a proposal to amend and change the Zoning Map in the follow- ing respects: By changing from "sin- gle-fanvly residence district." to "two family residence district," the area de scribed yroma of' thNotherlypropertline k wood Street 100 feet Easterly from th Easterly property line of alta Vist; Street; thence parallel to Alta Vista Street to the center line of the alley be- tween Kirkwood Street and Bellevue Street: thence Easterly along the cen- ter iine of said alley to the center line of Blake Street; thence Northerly along the center line of Blake Street to the center line of Bellevue Street; thence E,asterl• along the center line of Belle - tic Street to the Easterly line of Eliza- beth Street extended; thence Southerly to the center line of Elizabeth Place; thence \\'esterly along the center line of l:;lizabeth Place to the Westerly property line of Cox Street; thence Westerly on a line 100 feet Southerly <uid parallel to the Southerly property line of Kirkwood Street to a point 100 feet Easterly from the Easterly prop- erty line of Alta Vista Srteet; thence Northerly on a line parallel to and 100 feet from the Easterly property line of Alta Vista Street to the point of be- ginning," presented and read. No writ- ten objections filed and no objectors present in the Council Chamber. Coun- cilman Van Duelman moved that the proof of publication be received and filed. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Thompson, Van Duelman, Wharton. Nays—None. Absent—Councilman Clark. Communication of Melvin Hennings, Recording Secretary, Dubuque Build- ing Trades Council, submitting at- tached cominunication calling the at- tention of the City Council to the fact that the last Congress failed to pro- vide an appropriation for the purpose of continuing the program of the Pub- lic Works Administration and request- ing that both the United States Senat- ors and Representatives be contacted and to insist upon the new Congress tyhich meets January 3rd, 1940, on passii;g a Bill which will proceed with the Public Works Program, presented and read. Councilman Van Duelman moved that the City Manager be in- structed to comply with the request and then refer the communication to the Memorial Commission. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Mur- phy, Councilmen Thompson, Van Duel - man, Wharton. Nays—None. Absent —Councilman Clark. Petition of Realty Improvement Company submitting an offer to pur- and 6 of Mills Chase •ots 2, 3, 4, 5 \\'est Dubuque from the Citv in the sunt of $348.02, said lots having been acquired by the City by tax deed and agreeing to assume all taxes now due and delinquent and that no abstract is to be furnished by the City, presented and read. Councilman Wharton moved th:lt the petition be referred to the City IIq Adiourned Special Session December 19th, 1939. Council: to view the grounds. Second - (A by Councilman Van Duclman. Car- ried by the following vote: Yeas— Nlavor Murphy, Councilmen Thomp- son, Van Duelman, Wharton. Nays— None. Absent—Councilman Clark. Communication of J. Edward Whe- lan submitting application for appoint- ment to the now vacant position of City Solicitor or to the position of as- sistant City Solicitor, presented and read. Councilman Van Duelman moved to refer the communication to the City Council. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Murphy, Council- men 'Thompson, Van Duelman, Whar- ton. Nays—None. Absent—Council- man Clark. Proof of publication, certified to by the publishers, of a statement of re- ceipts and also a list of claims for which warrants were drawn during the month of October, 1939, presented and read. Councilman Thompson moved that the proof of publication be received and filed. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Murphy, Council- men Thompson, Van Duelman, Whar- ton. Nays—None. Absent—Council- man Clark. Councilman Thompson moved that the rules be suspended for the purpose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Mur- phy, Councilmen Thompson, Van Duel - man, Wharton. Nays—None. Absent —Councilman Clark. Mr. Frank Har- dy of the Dubuque Poster Advertising Company addressed the Council re- questing that they be granted a permit for the erection of a show window dis- play board abutting the Rockdale Road Ilighwav near the City Limits. Coun- cilman Thompson moved that the ver- bal request of Mr .Frank Hardie of the Dubuque Poster Advertising Company, be referred to the City Manager with instructions to secure an opinion from the State Higway Commission on this request and upon the securing of said opinion that a joint meeting be arranged wth the Planning and Zoning Commis- sion to discuss this matter. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Mur- phy, Councilmen Thompson, Van Duel - man, Wharton. Nays—None. Absent —Councilman Clark. Ordinance No. 32-39. An Ordinance granting to Interstate Power Company of Dubuque, Iowa, its successors or as- signs, the right to construct and main- tain a truss or trusses across the alley between Twelfth Street and Thirteenth Street, and Main Street and Iowa Street, in the City of Dubuque, Iowa, and abutting the North 40 feet of the South Two -Fifths and the West 65 feet 8 inches of the South 62 feet 4 inches of South Two -Fifths of City Lot 463 and extending from a pole adjacent to the building on the Westerly side of said alley to a pole on the Easterly side of said alley, and prescribing the condi- tions of such permit, said ordinance having been passed upon first and sec- ond readings on December 4th, 1939, presented and read a third time. ORDINANCE NO. 32-39. An Ordinate granting to Interstate Power Company of Dubuque, Iowa, its successors or assigns, the right to con- struct and maintain a truss or trusses across the alley between Twelfth Street and Thirteenth Street, and Main Street and Iowa Street, in the City of Du- buque, Iowa, and abutting the North 40 feet of the South Two -Fifths, and the West 65 feet 8 inches of the South 62 feet 4 inches of South Two -Fifths of City Lot 465, and extending from a pole adjacent to the building on the Wester- ly side of said alley to a pole on the Easterly side of said alley, and pre- scribing the conditions of such permit: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: Paragraph 834—Section 1 That, Interstate Power Company, its successors or assigns, be, and they are hereby granted the right and authority, to construct and maintain a truss or trusses across the alley between Twelfth Street and Thirteenth Street, and Main Street and Iowa Street, in the City of Dubuque, Iowa, and abutting the North 40 feet of the South Two - Fifths and the West 65 feet 8 inches of the South 62 feet 4 inches of South Two -Fifths of City Lot 465, and ex- tending from a pole adjacent to the building on the Westerly side of said alley to a pole on the Easterly side of said alley, such truss or trusses to be constructed of steel and iron and to be of sufficient height, width and size to safely carry and support electrical transformers or other electrical appar- atus attached thereto, and to extend the full width of said alley between two Poles to which said truss or trusses are to be attached, which said poles are to be of sufficient size and strength to safely carry said truss or trusses; the truss nearest the surface of said allev to be at least 19 feet 6 inches above the surface of said alley, said truss to be securely attached to said poles on either )ecial Session December 19th, 1939. 319 side of said alley, the same to be used for the purpose of carrying electrical light transformers and electric light wires and power wires and other ap- paratus of the Interstate Power Com- pany; said truss to be built and erected, and said poles'to be installed under the supervision of the Building Commis- sioner of the City of Dubuque, Iowa. Paragraph 835—Section 2. Said Interstate Power Company, its successors or 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 hereof, to fully protect and save the City of Dubuque harmless as to any claims, damages or liabilities of any kind which may arise because of the construction and maintenance of said truss, or trusses, and any and all claims, damages or liabilities that may arise or be incurred by reason of the granting of the privileges herein made, and in any suit which may arise or be institut- ed because of said truss or trusses, or the construction or maintenance there- of, said Interstate Power Company, its successors or assigns, shall, at the di- rection of the City of Dubuque, snake all necessary defense to said suit and fully indemnify said City of Dubuque for any expenses or liabilities to which said city may be subjected because of said suit. Paragraph 836—Section 3. It is understood and provided that such right, license and permission here- in granted to erect and maintain said truss or trusses is subject to the pay- ment and assumption by the said Inter- state Power Company of the cost of publication of this ordinance, and sub- ject to the continuous control of the City Council of the City of Dubuque, said City Council reserving the right to impose restrictions or conditions upon the enjoyment thereof, as may be rea- sonably necessary for the protection of the public interests, including the right to revoke and rescind such permission, if at any time the public interest should require such revocation. If, and when such permit, right and license is re- voked by said City Council, the saie Interstate Power Company, its success- ors or assigns, shall remove such truss or trustees at its or their own expens< and restore such part of said alley a, has been occupied thereby to the condi tion it was in prior to the constructioi of said truss. Paragraph 837—Section 4. provided by law, and the rights here- under shall accrue to said Interstate Power Company, its successors or as- signs when the provisions hereof shall have been accepted. Passed upon first and second readings this 4th day of December, 1939. Passed, adopted and approved upon final reading this 19th day of Decem- ber, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. nd This of (10) days from andall be in orce afteraits effect ten (10) royal by final passage, adoption and app the City Council and publication as ACCEPTANCE The Interstate Power Company, its successors or assigns, hereby accepts the terms, provisions and conditions of the Ordinance adopted by the City Council of the City of Dubuque, desig- nated as: "Ordinance No. 32-39. An Ordinance granting to Interstate Power Company of Dubuque, Iowa, its successors or assigns, the right to construct and maintain a truss or trusses across the alley between Twelfth Street and Thir- teenth Street, and Main Street and Iowa Street, in the City of Dubuque, Iona, and abutting the North 40 feet 65 South 8oi ichesvofFthe sSou ht 62 he West tile 4 inches of South Two -Fifths of City Lot 465 and extending from a pole adjacent to the building on the Westerly side of said alley to a pole on the Easterly side of said alley;" this 28th day of December, 1939. INTERSTATE POWER COMPANY By C. E. DOVE, District Manager. By OSCAR SOLBERG, Secretary. Published officially in the Telegraph - Herald newspaper on the 29th day of December, 1939. SHEA, J• J• 12-29-1t City Clerk. Councilman Van Duelman moved the adoption Of the ordinance. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Mur- phy, Councilmen Thompson, Van Duel - man, Wharton. Nays—None. Absent —.Colincilman Clark. 320 Adjourned Special Session December 19th, 1939. Ordinance No. 33-39. An Ordinance granting to Interstate Power Company of Dubuque, Iowa, its successors or as- signs, the right to construct and main- tain a truss or trusses across the alley between Fifth Street and Sixth Street and Main Street and Iowa Street, in the City of Dubuque, Iowa, and abut- ting the North 37 feet 11 inches of City Lot 20, and extending from a pole ad- jacent to the building on the Westerly side of said alley to a pole on the East- erly side of said alley, and prescribing the conditions of such permit, said ordi- nance having been passed upon first and second readings on December 4th, 1939, presented and read a third time. ORDINANCE NO. 33-39. An Ordinance granting to Interstate Power Company, of Dubuque, Iowa, its successors or assigns, the right to construct and maintain a truss or truss- es across the alley bet-,veen Fifth Street and Sixth Street, and Main Street and Iowa Street, in the City of Dubuque. Iowa, and abutting the North 37 feet 11 inches of City Lot 20, and extending from a pole adjacent to the building oil the Westerly side of said alley to a pole oil the Easterly sdie of said alley, and prescribing the conditions of such per- mit: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: Paragraph 838—Section 1 That, Interstate Power Company, its successors or assigns, be, and they are hereby granted the right and authority to construct and maintain a truss or trusses across the alley between Fifth Street and Sixth Street, and Main Street and Iowa Street, in the City of Dubuque, Iowa, and abutting the North 37 feet 11 inches of City Lot 20, and extending from a pole adjacent to the building on the Westerly side of said alley to a pole on the Easterly side of said alley, said truss or trusses to be constructed of steel and iron and to be of sufficient height, width and size to safely carry and support electrical transformers or other electrical appar- atus attached thereto, and to extend the full width of said alley between two poles to which said truss or trusses are to be attached, which said poles are to be of sufficient size and strength tc safely carry said truss or trusses; the truss nearest the surface of said alley tc be at least 19 feet 6 inches above the surface of said alley, said truss to b( securely attached to said poles on either side of said alley, the same to be use( for the purpose of carrying electrica light transformers and electric wire and power wires and other apparatus of the Interstate Power Company; said truss to be built and erected, and said holes to be installed under the super- vision of the Building Commissioner of the City of Dubuque, Iowa. Paragraph 839—Section 2. Said Interstate Power Company, its successors or 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 hereof, to fully protect and save the City of Dubuque harmless as to any claims, damages or liabilities of any kind which may arise because of the construction and maintenance of said truss, or trusses, and any and all claims. damages or liabilities that may arise or be incurred by reason of the granting of the privileges herein made, and in any suit which may arise or be instituted because of said truss or trusses, or the construction or maintenance thereof, said Interstate Power Company, its successor or assigns, shall, at the direc- tion of the City of Dubuque, make all necessary defense to said suit and gully indemnify said City of Dubuque for any expenses or liabilities to which said city may be subjected because of said slut. Paragraph 840—Section 3. It is understood and provided that such right, license and permission here- in granted to erect and maintain said truss or trusses is subject to the pay- ment and assumption by the said Inter- state Power Company of the cost of publication of this ordinance, and sub- ject to the continuous control of the City Council of the City of Dubuque, said City Council reserving the right to impose restrictions or conditions upon the enjoyment thereof, as may be reas- onably necessar- for the protection of the public interests, including the right to revoke and rescind such permission, if at any time the public interest should require such revocation. If, and when such permit, right and license is re- voked by said City Council, the said In- terstate Power Company, its successors or assigns, shall remove such truss or trusses at its or their own expense and restore such part of said alley as has been occupied thereby to the condition it was in prior to the construction of said truss. Paragraph 841—Section 4. 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 pro- vided by law, and the rights hereunder shall acrue to said Interstate Power Adjourned Special Session December 19th, 1939. 321 Company, its successors or assigns when the proviions hereof shall have been accepted. Passed upon first and second read- ings this 4th day of December, 1939. Passed, adopted and approved upon final reading this 19th day of Decem- ber, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN. ALBERT WHARTON, F. W. THOMPSON, Councilmen. Attest. J. J. SHEA, City Clerk. ACCEPTANCE •xeaS aad The Interstate Power Company, its successors or assigns, do hereby accept the terms, provisions and conditions of the ordinance adopted by the City Council of the City of Dubuque, desig- nated as: "Ordinance No. 33-39. An Ordi- nance granting to Interstate Power Company of Dubuque, Iowa, its successors or assigns, the right to construct and maintain a truss or trusses across the alley between Fifth Street and Sixth Street, and Main Street and Iowa Street, in the City of Dubuque, Iowa, and abutting the North 37 feet 11 inches of City Lot 20, and extending from a pole adjacent to the building on the Westerly side of said alley to a pole on the Easterly side of said alley:" this 28th day of December, 1939. INTERSTATE POWER COMPANY By C. E. DOVE, District Manager By OSCAR SOLBERG, Secretary adjacent to and abutting City Lot 72-A, in the town, now city, of Dubuque, Iowa, and prescribing the condtions of said permit, said ordinance having been passed upon first and second readings Oil December 4th, 1939, presented and read a third time. Published officially in the Telegraph - Herald newspaper on the 29th day of December, 1939. SHEA, J. J. 12-29-1t Citv Clerk. Councilman Van Duelman moved the adoptCtuncil f m Thompson. Carrid Seconded byo 11, the following vote: Veas—Mavor Mur- phy, Councilmen Thompson, Van Duel - man, Wharton. Nays—None. Absent —Councilman Clark. Ordinance No. 34-39. An Ordinance granting to Marion J Ryder and Isabel M. Ryder, owners, their heirs and as- signs, the right to construct and main- tain an areaway in \Fest Third Street, Ordinance No. 34-39. An Ordinance granting to Marion J. Ryder and Isabel M. Ryner, owners, their heirs and assigns, the right to con- struct and maintain an areaway in West Third Street, adjacent to and abutting City Lot 72-A, in the town, now cite, of Dubuque, Iowa, and pre- scribing the conditions of said permit. Be It Ordained By the City Council of the City of Dubuque, Iowa: PARAGRAPH 842—Section 1. That Marion J. Ryder and Isabel M. Ryder, their heirs and assigns, be, and they are, hereby granted the right and authority to construct and maintain an areaway in West Third Street, abutting City Lot 72-A, in the town, now city, of bubuque, Iowa, said areaway to ex- tend into said street from the building upon said lot a distance of one foot six inches (1 ft. 6 in.), and to be six feet 7 inches (6 ft. 7 in.) in length, and to be built or erected flush or level with the sidewalk level of said street at said point, said areaway to be built of con- crete and to be covered with an iron or steel grille, the same to be used in con- nection with the use of the building on said lot by the owners or tenants thereof, said structure to be built under the supervision of the Building Com- missioner of the City of Dubuque, Iowa. PARAGRAPH 843—Section 2. It is understood and provided that such right, license and permission here- in granted to erect and maintain said areaway is subject to the payment and assumption by the said Marion J. Ryder and Isabel M. Ryder, their heirs and assigns, of the cost of publication of this ordinance, and subject to the con- tinuous control of the City Council of the City of Dubuque, said City Council reserving the right to impose such re- strictions or conditions upon the enjoy- ment thereof, as may be reasonably necessary for the protection of the pub- lic interests, including the right to re- voke and rescind such permission, if. at any time, the public interests should require such revocation. If, and when, such permit, right or license, is revoked by said City Council, said owners, their heirs or assigns shall remove said area- way at their own expense, and restore such part of said West Third Street or 322 Adjourned Special Session December 19th, 1939. _ and Isabel M. Ryder, owners, their heirs and assigns, the right to con- struct and maintain an areaway in %fest Third Street, adjacent to and abutting City Lot 72-A, in the town, now city, of Dubuque, Iowa;" this ---- day of December, 1939. sidewalk thereof, as has been thereto- fore occupied, to the same condition said street or sidewalk thereof was in prior to the construction of said area- way. PARAGRAPH 844—Section 3. Said Marion J. Ryder and Isabel M. Rvder, their heirs and assigns, shall agree, as a condition to the granting of the permit and privilege herein grant- ed, and shall guarantee by the accept- ance of the terms hereof, to fully pro- tect and save the City of Dubuque harmless as to any claims, damages, or liabilities of any kind which may arise because of the construction and main- tenance of said areaways, and any and all claims, damages or liabilities that may arise or be incurred by reason of the granting of the privileges herein made, and in any suit which may arise or be instituted because of said area- ways, said Marion J. Ryder and Isabel M. Ryder, their heirs and assigns, shall, at the direction of the City of Dubuque, make all necessary defense to said suit, and fully indemnifv said city for an> expenses or liabilities to which said City of Dubuque may be subjected because of said suit. PARAGRAPH 845—Section 4. This ordinance shall be in force a effect ten (10) da -s from and after its nal nassage, adoption and approval 1 the City Council, and publication, as provided by law, and the rights here- under shall accrue to the said Marion J. Ryder and Isabel M. Ryder, their heirs and assigns, when the provisions here- of have been accepted by them. Passed upon first and second readings this 4th day of December, 1939. Passed, adopted and approved upon final reading this 19th day of Decem- ber, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. ACCEPTANCE BY OWNER. Marion J. Ryder and Isabel M. Ry- der, owners in fee of City Lot 72-A, in the town, now city, of Dubuque, Iowa, do hereby accept the terms ,provisions and conditions of the Ordinance adopt- ed by the City Council of the City of Dubuque, designated as: "Ordinance No. 34-39. An ordi- nance granting to Marion J. Ryder Published officially in the Telegraph - Herald newspaper on this ------ day of December, 1939. ------- Citv Clerk. Councilman Van Duelman moved the adoption of the ordinance. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Mur- phy, Councilman Thompson, Van Duel - mail, Wharton. Nays—None. Absent —Councilman Clark. Note—This ordinance was never pub- lished because of the fact that Marion J. Ryder and Isabel M. Ryder refused to accept and sign the same. December 10, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: i herewith submit the reports of the City Auditor, City Treasurer, City Health Department, and the City Wa- ter Department for the month of No- vember, 1939, also a list of claims and list of payrolls for which warrants were drawn during the month of November, 1939. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Thompson moved that the reports be received and placed on file. Seconded by Councilman Whar- ton. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Thompson, Van Duelman, Wharton. Nays—None. Absent—Councilman Clark. December 12, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the sesion of the City Council held December 4, 1939, the petition of the Board of Trustees of West Hill Chapel asking that the sewer assess- ment levied against the North 40 feet of Lot 122 of Union Addition be re- Adjourned Special Session December 19th, 1939. 323 ` tnitted, or in the event that said petition is denied, then to cancel the interest and penalties on said assessment was referred to the City Manager and City Treasurer for investigation and report. We find that on February 3, 1936, a special assessment for the sanitary sewer in Pear Street (Fund 952) was levied against the above described lot in the amount of $38.31. Nothing has been paid on this account to date. There is no statutory authority permitting the cancellation of the special assessment by the city. We recommend that following the payment of the delinquent special as- sessment against the north 40 feet of Lot 122 of Union Addition, that the City Auditor be authorized to draw a warrant on the Special Bonded Fund in the amount of $3.80 for the refund of all interest in excess of 5010 per an- num and all penalties included in the payment to the County Treasurer. Respectfully submitted, A. A. RHOMBERG, City Manager. OTTO F. PULS, City Treasurer. Councilman Van Duelman moved that the recommendation of City Man- ager Rhomberg and City Treasurer Puls be approved and that the City Auditor be authorized to draw a war- rant on the Special Bonded Fund in the amount of $3.80 in favor of the Board of Trustees of West Hill Chapel for the refund of all interest in excess of 5% per annum and all penalties in- cluded in the payment to the County Treasurer on special assessments levied against the North 40 feet of Lot 122 of Union Addition. Seconded by Coun- cilman Wharton. Carried by the fol- lowing vote: 'Yeas—Mayor Murphy, Councilmen Thompson, Van Duelman, Wharton. Nays—None. Absent— Councilman Clark. December 6, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the session of the City Council held November 27th, 1939, the petition of A. J. Stapleton requesting that he be reimbursed in the amount of $129.63 for labor and material furnished in re- pairing the sewer in Grandview Avenue in front of his residence at 864 South Grandview was referred to the City Manager for investigation aad report. I have inquired into the situation with the plumber who did the job and our plumbing inspector who saw the work being done. This work consisted of a new connection from the main sewer in the center of Grandview Ave- "tieto Mr. Stapleton's home. The main sewer itself was not dug up nor changed. Since the main sewer is functioning properly and the work was entirely on a house connection I find no liability of the pai t of the city and, therefore, rec- onuncnd that the claim be denied. 12espectfully submitted, A. A. RHOMBERG, City Manager. Councilman Van Duelman moved that the recommendation of City Man- ager Rhomberg be approved and that the City Manager be instructed to again confer with Mr. A. J. Stapleton on this matter. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Murphy, Cuncil- men Thompson, Van Duelman, Whar- ton. Nays—None. Absent—Council- men Clark. Dubuque County. Resolution No. 204-39. PRIMARY ROAD EXTENSIONS Cities Population 2,500 or More. Be It Resolved by the City Council of tile. City of Dubuque, Iowa. 1. That pursuant to the provisions of Section 4755-b29 of the Code and Chapter 154 of the Laws of the 47th General Assembly of the State of Iowa, we hereby approve and consent to the maintenance of all primary road exten- sions within said city of Dubuque by the State Highway Commission, as hereinafter set forth. 2. That the approval and consent herein given for the maintenance of said primary road extensions within the city of Dubuque is based on the as- sumption and understanding that said maintenance to be done by the State Ilighwav Commission will be paid for by the State Highway Commission out of the primary road fund, and that no charge will be made against the city of Dubuque on account of such mainten- ance performed or to be performed by the State 1-fighway Commission on the said primary road extensions within the said city of Dubuque. 3. That the maintenance to he done by the State Highway COmillisslotl on t!le primary road extensions %Within the city of lluf,uque shall include the usual surface ntaintenace, roadbed repairs• repairs to bridges, culverts and guard rail, and other maintenance usually per- formed on primary roads outside of cities and towns. That on streets or porti,,n� of streets \yhich are curbed, the maintenance, except snow removal, shall extend from curb to curb. that the maintenance of such primary road 324 Adjourned Special Session December 19th, 1939. extensions shall include plowing the snoNv from the full width of the pave- ment or other surfacing, provided that if the pavement or other surfacing is more than thirty feet in width, then the Highway Commission will 1)1* the snow from a traveled way only about thirty feet in width. 4. That the maintenance of such pri- mary road extensions by the Highway Commission shall not include fa)s'The loading and hauling away o ow which is plowed off to the side of the traveled portion of the roadway. (b) The sprinkling of the streets. (c) The sweeping of the streets. (d) The main- tenance or repair of any sewers, water pipes or other services under the trav- eled surface of the roadwav or any costs incident thereto. 5. That this resolution and the terms thereof shall become effective upon the approval and acceptance thereof by the Iowa State Highway Commission and shall be in effect until January 1, 1945, except that the resolution may be re- scinded by the city at the end of any calendar year. Resolution approved and adopted by the city council of the city of Dubuque, Iowa, this 19th day of December, 1939. GEO. R. MURPHY, Mayor. Attest: J. J. SHEA, City Clerk. Resolution approved and accepted l,y the Iowa State Highway Cominis- sion on the 27th day of December, 1939. L. M. EICHER, Vice -Chairman. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Mur- phy, Councilmen Thompson, Van Duel - man, Wharton. Nays—None. Absent —Councilman Clark. Resolution No. 205-39 Whereas, the City Council of the City of Dubuque, upon its own motion, proposes to -amend and change the zon- ing map of said City, in the following respects: By changing from "Two -Family Res- idence District," to "Multiple Residence District," the area described as follows: "That section of Delhi Street from Auburn Street to West Fourteenth Street, on both sides of the street,' and described as follows: Streets: thence Northwesterly along the center line of the above alley to the renter line of Algona Street; thence Northeasterly along the center line of Algona Street to a point 100 ft. North- easterly from the Northerly property line of Delhi Street, thence North- westerly along a line 100 feet from the Northerly line of Delhi Street to the center line of West 14th Street; thence Southwesterly along the center line of }Fest 14th Street to the center line of Delhi Street; thence Southeasterly ,.long the center line of Delhi Street to the center line of McCormick Street; thence Southwesterly along the center line of McCormick Street to a point 100 ft. Southerly from the Southerly prop- erty line of Delhi Street; thence South- easterly along a line 100 ft. from the Southerly property line of Delhi Street to the center line of Algona Street: thence Southwesterly along the center line of Algona Street to the center of the first alley South of Delhi Street and between Delhi Street and Grace Street; thence Southeasterly along the center line of said alley to the center line of Auburn Street; thence Northeasterlv along the center line of Auburn Street to the center line of Delhi Street; thence Northwesterly along the center line of Delhi Street to the point of be- ginning." W heras, before said zoning map may be thus amended and changed, it is necessary that a public hearing be held thereon; Now, Therefore, Be It Resolved By the City Council of the City of Dubuque that the Cit, Clerk be, and he is hereby directed to cause to be published in the Dubuque Telegraph -Herald, a notice of a public hearing to be held by this Council up- on the proposed changes and amend- ments, said meeting and hearing being hereby fixed at 7:30 o'clock P. M., Janu- ary 8th, 1940, and to be held in the Council Chamber in the City Hall, said notice to be published at least fifteen (15) days before the date of said meet- ing, at which time all parties in interest and citizens shall have an opportunity to be heard. Passed, adopted and approved this 19th day of December, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, F. W. THOMPSON, Councilmen. -ttcst: J. J. SHEA, City Clerk "Beginning at the center of the inter- section of Delhi and Auburn Streets; Councilman Van Duelman moved the thence Northeasterly along the center adoption of the resolution. Seconded line of Auburn Street to the center line by Councilman Thompson. Carried by of the alley between Delhi and Custer the following vote: Yeas—Mayor Mur- Adjourned Special Session December 19th, 1939. 325 phy, Councilmen Thompson, Van Duel - man, Wharton. Nays—None. Absent —Councilman Clark. Resolution No. 206-39. Be It Resolved by the Citv Council of the City of Dubuque that the follnw- ing, having complied with the provi- sions of law relating to the sale of cig- arettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City: Name Address Joe Machinek (effective January 1, 1940), 1399 Jackson Street. Frank and Anna McLaughlin (effective January 1, 1940) 115 East 22nd St. Ray Irwin (effective January 1, 1940) 113 Main Street. Loras College (effective January 1, 1940) 655 West Fourteenth Street. Be It Further Resolved that the bonds filed with the applications be ap- proved. Passed, adopted and approved this 19th day of December, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Mur- phy, Councilmen Thompson, Van Duel - man, Wharton. Nays—None. Absent —Councilman Clark. Ordinance No. 35-39. An Ordinance amending and changing the Zoning Map of the City of Dubuque, as pro- vided for by Ordinance No. 3-34, desig- nated, "Zoning Ordinance of the City of Dubuque," so as to change to "Two - Family Residence District," certain de- fined property now delimited as "Sin- gle -Family Residence District," and declaring an emergency, presented and read. Councilman Van Duelman moved that the reading just had be considered the first reading of the ordinance. Sec- onded by Councilman Wharton. Car- ried by the following vote: Yeas - Mayor Murphy, Councilmen Thomp- son, Van Duelman, Wharton. Nays— None. Absent—Councilman Clark Councilman Van Duelman moved thal the rules be suspended requiring an or- dinance to be read on three separate days. Seconded by Councilman Whar- ton. Carried by the following vote: Yeas --Mayor Murphy, Councilmen Thompson, Van Duelman, Wharton. Nays --None. Absent — Councilman Clark. The ordinance was then read a second time. Councilman Van Duel - man moved that the reading just had be considered the second reading of the ordinance. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Murphy, Council- men Thompson, Van Duelman, Whar- ton. Nays—None. Absent—Council- man Clark. December 18, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Herewith submitted is Profile No. 1294, showing the proposed grade of Salina Street from the North property line of Railroad Street to the South property line of Dodge tSreet. I recommend that the proposed grade be approved as shown on Profile No. 1294 and an ordinance be passed estab- lishing such grade on Salina Street. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Van Duelman moved that the recommendation of City Man- ager Rhomberg be approved and that Profile No. 1294 be approved and that an ordinance be ordered prepared cov- ering the proposed grade of Salina Street from the North property line of. Railroad Street to the South property line of Dodge Street. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Thompson, Van Duelman, Wharton. Nays—None. Absent— Councilman Clark. December 18, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: HereNvith submitted is Profile No. 1295, showing the proposed grade of Camp Street from the West property line of Main Street to the West prop- erty line of Salina Street. I recommend that the proposed grade be approved as shown on Profile No. 1295 and an ordinance be passed establishing such grade on Camp Street. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Van Duelman moved that the recommendation of City Man- 326 Adjourned Special Session December 19th, 1939. ager Rhomberg be approved and that Profile No. 1295 be approved and that an ordinance be ordered rade prepared Camp Bring the proposed g Street from the West property line of Main Street to the West property line of Salina Street. Seconded by Council- man Wharton. Carried by the follow- ing vote: Yeas—Mayor Murphy, Coun- cilmen 'Thompson, Van Duelman. Wharton. Nays—None. Absent— Councilman Clark. December 18, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Herewith submitted is Profile .Nm: 1296, showing the proposed grade of Charter Street from the West property line of Main Street to the East prop- erty line of Salina Street. I recommend that the proposed grade be approved as shown on Profile No. 1296 and an ordinance be passed estab- lishing such grade on Charter Street. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Van Duelman moved that the recomemndation of City Man- ager Rhomberg be approved and that Profile No. 1296 be approved and that an ordinance be ordered prepared cov- ering the proposed grade of Charter Street from the West property line of Main Street to the East property line of Salina Street. Seconded by Council- man Wharton. Carried by the follow- ing vote: Yeas—Mayor Murphy, Coun- cilmen Thompson, Van Duelman, Wharton. Nays—None. Absent— Councilman Clark. Ordinance No. 36-39. An Ordinance establishing a grade on Salina Street from Railroad Street to Dodge Street, presented and read. Councilman Van Duelman moved that the reading just had be considered the first reading of the ordinance. Seconded by Council- man Wharton. Carried by the follow- ing vote: Yeas—Mayor Murphy, Councilmen Thompson, Vail Duelman, Wharton. Nays—None. Absent — Councilman Clark. Councilman Van Duelman moved that the rules be sus- pended requiring an ordinance to be read on three separate days. Seconded by Councilman Wharton. Carried by the JolioNving vote- Yeas—Mayor Mur- phy, CouireHmen Thompson, Van Duel - man, Wharton. Nays—None. Absent —Councilman Clark. The ordinance was then read a second time. Council- man Van Duelman moved that the reading just had be considered the sec- ond reading of the ordinance. Second- ed by Councilman Wharton. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Thompson, Van Duelman, Wharton. Nays—None. Ab- sent—Councilman Clark. Ordinance No. 37-39. An. Ordinance establishing a grade oil Camp Street from Main Street to Salina Street, pre- sented and read. Councilman Van Duelman moved that the reading just had be considered the first reading of the ordinance. Seconded by Council- man Thompson. Carried I y the fol- lowing vote: Yeas—Mayor Murphy, Councilmen Thompson, Van Duelman. Wharton. Nays—None. Absent— ,Councilman Clark. Councilman Van bbelrnan moved that the rules be sus- pended requiring an ordinance to be read on three separate days." Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Mur- phy, Councilmen Thompson, Van Duel - man, Wharton. Nays—None. Absent —Councilman Clark. The ordinance was then read a second time. Council- man Van Duelman moved that the reading just had be considered the sec- ond reading of the ordinance. Second- ed by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Thompson, Van Duelman, Wharton. Nays—None. Ab- sent—Councilman Clark. Ordinance No. 38-39. Au Ordinance establishing a grade on Charter Street from Main Street to Salina Street, pre- sented and read. Councilman Van Duel - man moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Council- men Thompson, Van Duelman, Whar- ton. Nays --None. Absent—Council- man Clark. Councilman Van Duelman moved that the rules be suspended re- quiring an ordinance to be read on three separate days. Seconded by Council- man Thompson. Carried by the follow- ing vote: Yeas—Mayor Murphy, Coun- cilmen Thompson, Van Duelman, Wharton. Nays—None. Absent — Councilman Clark. The ordinance was then read a second time. Councilman Van Duelman moved that the reading just had be considered the second read- ing of the ordinance. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Thompson, Van Duelman, Wharton. Nays—None. Absent — Councilman Clark. There being no further business, Councilman Van Duelman moved to adjourn. Seconded by Councilman Wharton. Carried by the following vote. Yeas—Mayor Murphy, Council- Special Session, December 29th, 1939. men Thompson, Van Duelman, Whar- ton. Nays—None. Absent—Council- man Clark. J. J. SHEA, Citv Clerk. Approved _ _jXp.0940. :Adopted � _ S;tI7 19-40. Cotnt Attest: ------�tqi�Kiiu�>----- City Clerk. City Council (Official.) Special Session, December 29th, 1939. Council met at 7:55 P. M. Present—Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton, City Manager Rhomberg. Meeting called by order of Councilmen Clark and Thompson. Mayor Murphy read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of considering the petition of Celia Howe requesting the suspension of the 1937 and 1938 asn. Lot 17 in Yates Subdivision -and acting upon any other business as may properly come before a regular mceting of the City Council. Petition of Celia Howe, referred to the City Council by the Board of Su- ,pervisors, requesting suspension of the 1937 and 1938 taxes on Lot 17 in Yates Subdivision, presented and read. Coun- cilman Van Duelman moved that the request of Celia Howe for suspension of the 1937 taxes on Lot 17 in Yates Subdivision be denied as the request is out of the jurisdiction of the City Coun- cil and that the request of Celia Howe for suspension of the 1938 taxes on Lot 17 in Yates Subdivision be granted and that the Board of Supervisors be noti- fied of the action of the City Council. Seconded by Councilman Wharton. Carried by the following vote: Yeas— Mavor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. There being no further business, Councilman Wharton moved to ad- journ. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton. Nays—None. J. J. SHBA, City Clerk. 1ppr( \'( Adoptci Council Attest: 328--- 0 giw F goo NO* ��cen-) %c r :2% �Q3 �I v M... I OFFICIAL PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA For the Year 1940 —Lb:un.. ,. .,,.-,�' t_ • CITY OFFICERS FOR THE YEAR 1940 COUNCILMEN F. W. THOMPSON, Mayor GEO. R. MURPHY FRANK VAN DUELMAN B. A. SCHUELLER ALBERT WHARTON City Clerk, J. J. SHEA City Solicitor, JOHN J. KINTZINGER City Manager, A. A. RHOMBERG City Treasurer— OTTO F. PULS City Auditor— R. P. MARSHALL Chief of Fire Department— WILLIAM L. RYAN City Electrician— JOSEPH CORRELL Police Judge— LOUIS F. FAUTSCH Plumbing Inspector— D. J. O'LEARY Electrical Inspector— OTTO BETHKE Building Commissioner— PAUL ROSSITER City Assessor— GEORGE BENNETT Chief of Police— JOSEPH 11. STRUB Health Director— DR. A. J. ENTRINGER Sanitary Officer— JOSEPH T. SCHARRY Milk Inspector— V. F. CHAPMAN Food and Restaurant Inspector— MRS. ALMEDA TIMMONS Market Master— C. J. McCARTHY Recreational Director— CARL GRABOW Superintendent of Water Works— J. J. HAIL Regular meetings of the City Council are held the first Monday of each month at 7:30 P. M. INDEX—Book 70 SUBJECT Page A Feb. 5—Anthoine Louis and Angella, granted Class "B" beer permit.................................................................................... 20 Mar. 20—American Legion Auxiliary, asking permission for the holding of annual Poppy Distribution Day ................ 62 " 27—Auditor of State, relative to annual audit ............................ 68 April 1—Appointment of Officers by the City Council .................... 77 " 1—Appointment of Officers and Employees by the City Manager................................................................................ 78 " 16—Annual report of City Treasurer .............................................. 89 May 6—Annual report of Librarian of Carnegie -Stout Free Pub- licLibrary............................................................................ 100 " 6—Annual report of Board of Trustees of Carnegie -Stout Free Public Library.......................................................... 100 " 6—Annual report of City Auditor ................................................ 102 " 16—American Red Cross, Dubuque County Chapter, request- ing permission to string a banner across Main Street...................................................................................... 116 June 3—Application of City of Dubuque Bridge Company for ap- proval of plans of a highway bridge to be construct- ed across the Mississippi River, notice of public hearing 120 " 28—Avenarius Mrs Catherine, settlement of claim and suit 135 " 28—Anthony Theodore E. and Lillian B., granted Class "B" beerpermit.......................................................................... 139-141 " 28—Apel Merlin, granted cigarette permit .................................... 142 .July 15—Altman Franc K., Notice of Appeal from the action of the Board of Review........................................................ 151 " 15—Agrement between the Interstate Power Company and the City of Dubuque on the value for rate making purposes of the Dubuque Steam Generating Plant and the Dubuque Electrical Distribution System as they existed on October 1, 1938, plus net additions to December 31, 1938 ................................................. ..... ..152-153-154 Sept. 3—Armstrong John A., granted cigarette permit .................... 201 " 3—Armstrong John A. and Harriet M., granted Class "B" beerpermit.......................................................................... 201-202 Nov. 26—Allison William B. and David B. Henderson Memorial purchase of Lot 1 Pinehurst for said purpose............ 236-237 Dec. 18—Arp H. C., notice of claim ...................................................... 246 INDEX—Book 70 19110 SUBJECT Page 6 Jan. 8—Bakers Local No. 307, requesting appointment of John Schaetzle as a member of Police and Fire Com- mission................................................................................. 11 Feb. 5—Barbers' Local, requesting appointment of John Schaet- zle as a member of Police and Fire Commission........ 13 " 5—Benzer Lester, reappointed as a member of Board of Fire and Police Pension System .................................... 16 " 26—Blondin John R. et al, requesting the installation of a street light on Roosevelt Street ...................................... 24-31 Mar. 4—Budget for the fiscal year of April 1, 1940 to March 31, 1941 .......................................... 3 2-33-34.35-36-3 7-3 8-39-40-41-42-43-44- 48-49-50-51-52-53-54-55-56-57-58-59-60-61 " 4—Barrett H. L., granted Class "B" beer permit ...................... 45 " 20—Board of Trustees of Carnegie -Stout Free Public Library, requesting that the estimate of receipts from sources other than taxes be changed in the budget to $2,500.00 ...................................... :......................................... 48 " 20—Becker Mrs. Barbara, notice of claim .................................. 61-91 " 20—Berendes Floyd D., notice of claim ........................................ 61-82 " 20—Burke R. J., excavation bond ................................................ 63 " 20—Buechel Louis, excavation bond .............................................. 63 " 20—Braconier Frank G., excavation bond .................................... 63 " 20—Busch Mary, Administratrix of the Estate of Herman H. Busch, settlement of claim and suit .............................. 65-66 " 27—Baumhover Ben L., requesting the re -zoning of the pro- perty of Mrs. Mary Fuchs and daughter, Clarice Baumhover, located on Highway No. 20 near the intersection of Fremont Avenue ...................................... 69-88 April 1—Board of Review, appointment of members 77 " 16—Bierring ........................ Walter L., Health Commissioner, State Depart- ment of Health, extending invitation to local health officer to attend meeting of Iowa Public Health Asso- 16—Board ciation............................. of Education, objecting to the re -zoning of any pro- perty for commercial purposes in the vicinity of the " Washington Junior High School ...................................... 87 16—Brummer " A. L., suspension of 1939 taxes ............................ 89-103-104 16—Bethke " Otto F., Electrical Inspector, bond of ...................... 90 16—Berg Payson, granted cigarette permit May 6—Boyer .................................. Julius et al, requesting that water mains be 93 placed on Samuel Street, and also that the Health Department's attention be called to the homes on Southern Avenue without toilet facilities .................. 97-112 " 6—Board of Trustees of Carnegie -Stout Free Public Library, annualreport...................................................................... 100 " 6—Baumgartner C. and J., granted cigarette permit............ 105 " 6—Barrett Mrs. Ethel Mae, granted Class "B" beer permit 106 " 6—Board of Health, Special Session " 13-13rauhn .......................................... C. D., Mayor of East Dubuque, Illinois, express- 108 ing appreciation for assistance given by the Du- buque Fire Department and requesting that in the future the Fire Chief of Dubuque be permitted to send equipment without delay " 13—Bicycle .................................... ordinance, City Solicitor instructed to 109 prepare an ordinance for Council consideration and discussion. .109-127-136 June 3—Board of Education objecting to the adoption of the ordinance creating and establishing a Board of Ex- " amining Engineers ............................................................ 121 3—Bartels Roy, et al, requesting fire protection for their Property known as Crystal Ballroom .............................. 121 INDEX—Book 70 1940 SUBJECT Page B " 3—Board of Trustees of Carnegie -Stout Free Public Library et al, requesting the vacation of that portion of the alley lying between Bluff and Locust Streets and abutting City Lot 658A on the one side and City Lots 658, 659 and 660 on the other side................122-132-156-167 " 3—Board of Trustees of Carnegie -Stout Free Public Library stating that they are opposed to the granting of the petition of the Chamber of Commerce Parking Com- mission for the use of City Lots at Eleventh and Locust Streets for parking purposes ............................ 122 " 3—Beaves George I., excavation bond .......................................... 122 " 28—Bakey Mrs. Catherine, notice of claim .................................. 129-175 " 28—Board of Dock Commissioners certifying the amount of $18,967.00 as the amount needed for the Depart- ment of Public Docks for the fiscal year of April 1, 1941 to March 31, 1942 .................................................... 130 " 28—Board of Trustees of the Public Library certifying the amount of $33,231.00 as the amount needed for Library purposes for the fiscal year of April 1, 1941 to March 31, 1942................................................................ 131 " 28—Board of Trustees of the Dubuque Fire Pension and Re- tirement System certifying the amount of $22,828.00 as the amount needed for the Fire Pension and Retirement System for the fiscal year of April 1, 1941 to March 31, 1942 .................................................... 131 " 28—Board of Trustees of the Dubuque Police Pension and Retirement System certifying the amount of $15,148.00 as the amount needed for the Police Pen- sion and Retirement System for the fiscal year of April 1, 1941 to March 31, 1942 ........................................ 131 " 28—Board of Review, report for the year 1940 ............................ 133 " 28—Bowman Lloyd and Frances, granted Class "B" beer permit................................................................................... 139-140 " 28—Berntgen Frank H. and Dorothy, granted Class "B" beer permit............................................................................................ 139-140 " 28—Bertsch Jos J. and A. J. Berntgen, granted Class "B" beer permit.................................................................................... 139-141 " 28—Buelow Clarence C. and Adele, granted Class "B" beer permit.................................................................................... 139-141 " 28—Brodeur Norbert W. and Catherine, granted Class "B" beerpermit.......................................................................... 140-141 " 28—Berwick George and Florence, granted Class "B" beer permit.................................................................................... 140-141 " 28—Beerman John and Mathilda, granted Class "B" beer permit................................................................................... 140-141 " 28—Bradley Elmer R., granted cigarette permit ...................... 141 " 28—Baumgartner Carl and John, granted cigarette permit...... 141 " 28—Blum Morris, granted cigarette permit .................................. 142 " 28—Bertsch Jos. J., granted cigarette permit.., .... ............ .... 142 " 28—Billis Gust, granted cigarette permit .................................. 142 " 28—Baumhover B. L., granted cigarette permit ....................... 142 " 28—Buelow Clarence C., granted cigarette permit ............... 142 ". 28—Brodeur Norbert W., granted cigarette permit ................ 142 " 28—Braun Henry C., granted cigarette permit ...................... 142 " 28—Beerman John, granted cigarette permit ............................ 142 " 28—Beck John C., granted cigarette permit ............................ 142 " 28—Barrett Mrs. Ethel, granted cigarette permit ...................... 142 July 1—Board of Health, Special Session ........................................ 148 " 15—Budget Estimate of Expenditures for the fiscal year be- ginning April 1, 1941 and ending March 31, 1942, as a basis for the tax levy for the year 1940........150-151-186-187-188 " 15—Bennett George, City Assessor, bond of .............................. 155 INDEX—Book 70 1940 SUBJECT B Aug. 5—Board of Dock Commissioners, requesting vacation of streets and alleys located in the River Front Im- provement Wharf Property between East Eighth Avenue and the Dubuque and Dunleith Bridge Com- pany from Cypress Street east to the Mississippi River and also to have the property which is allocat- ed to the Allison -Henderson Park revert to the City for other uses ..................................... .................. 171-198-199-240-241 " 5—Breithaupt " Philip, excavation bond ........................................ 174 5—Bellevue Addition, Lots 30-31-32, 2 of 50 and 2 of 51, au- thorizing and approving the sale of said lots by Dubuque County ............................... .................................. 176-177 Sept. 3—Billis " Gust, granted Class "B" beer permit ....................... 201-202 3—Berwick Mrs. Florence, transfer of address of Class "B" Oct. 7—Brandt " beerpermit .......................................... .............................. George H., requesting suspension of 1939 taxes.... 201-202 212-219 7—Baumgartner Carl and John, granted Class "B" beer Nov. 4—Barrington permit....................................... ..... Wm. and Glenn Miller, granted Class "B" beer 214-215 permit............................. 227 4—Blum Morris and Margaret, granted Class "B" beer per- mit..................................................................................... " 4—Board " of Health, Special Session ............... 227 229 4—Board of Health, reports submitted upon investigations and inspections made at the General Insulating and and Manufacturing Company Rock Wool Plant and also in the vicinity of the factories which manufac- ture millwork in regard to the condition of the Dec. 2—Brown " air....................... ........................................229-230-231 Mrs. Robert J., notice of claim ............................. 239 2—Board of Dock Commissioners, requesting the vacation of certain streets and alleys in Dubuque Harbor Im- " provement Company's Addition ...................................... 241 2—Braconier „ Frank G., excavation policy ..... .............. 242 18—Bennett ............. George, submitting his resignation as City 4 Assessor................................................................................ 246-257 h j IR INDEX—Book 70 1940 SUli.l KCT Page Jan. 1—City Council, Regular Session ................... I .................... ...... 1 " 2—City Council, Adjourned Regular Session ............... ....... 2 " 2—Claims for month of November, 1939, proof of publica- tion.......................................................................................... 2 " 2—Camp Street from Main Street to Salina Street, estab- lishinga grade on................................................................ 4 " 2—Charter Street from Main Street to Salina Street, estab- lishinga grade on............................................................... 4 " 2—Canfield Hotel, granted Class "B" beer permit .................. 5 " 8—City Council, Special Session ................................................... 9 " 8—Correll Jos. F., Supt. of Fire Alarm System, requesting that his name be placed upon the rolls of the Fire Department for pension purposes .................................. 11-123 Feb. 5—City Council, Regular Session ................................................ 13 " 5—City Auditor, City Treasurer, City Health Department, City Water Department, reports for month of De- cember, 1939........................................................................ 14 " 5—Claims for month of December, 1939 .................................... 14 " 5—City Solicitor, report and inventory covering work for the period April. 1938 to January, 1940 ...................... 17 " 5—Council Proceedings for the month of November, 1939, approved as printed......................................................... 18 5—Council Proceedings for the month of December, 1939, approved as printed......................................................... 18 " 5—Clancy Mrs. Margaret and Dorrance, transfer of address of Class "B" beer permit ................................................ 20 " 5—Council Proceedings for the year 1939, bids for the print- ing of the index and binding of same .......................... 20-24 " 26—City Council, Special Session .................................................. 22 " 26—Chase Mrs. W. C., notice of claim.., ................................... 22-113 " 26—County Auditor, advising Council that. Dubuque County is about to take Treasurer's Deed on several hundred pieces of property purchased at scavenger sale or under the public bidders statute and asking Council to give blanket authority to the Board of Supervisors to sell same for less than the amount of taxes.......... 23 " 26—Conlan Hudson Company et al, requesting elimination of the one hour parking restriction in front of their respective places of business on all cars bearing Dealer's plates...................................................................... 24 " 26—Claims for month of December, 1939, proof of publi- cation...................................................................................... 24 " 26—Claims for montn of January, 1940 ...................................... 24 " 26—City Auditor, City Treasurer, City Health Department, City Water Department, reports for month of Jan- uary, 1940.............................................................................. 24 Mar. 4—City Council, Regular Session ................................................ 29 " 4—Clark Carl A., requesting a refund on his cigarette per- mit.......................................................................................... 30 " 4—Council Proceedings for month of January, 1940, ap- provedas printed................................................................ 31 " 4—Consolidated tax levy, appropriated in ratio to the Gen- eral, Grading, Improvement, Sewer and Light Funds 32 " 16—City Council, Special Session .................................................... 47 " 20—City Council, Special Session .................................................... 48 " 20—Carroll Curran J., notice of claim ....................................... 61-86-104 " 20—Claims for month of January, 1940, proof of publication 62 " 20—Civil Service Commission, submitting report on examina- tion held for eligible list for appointment to the posi- tion of Sewer Foreman ...................................................... 63 INDEX—Book 70 1940 SUBJECT Page C " 20—City Auditor, C i Treasurer, City Water Department, City Health Department, reports for month of Feb- ruary, 1940............................................................................ 63 " 20—Claims for month of February, 1940 .................................... 63 " 20—Cleaver Edward T., excavation bond .................................... 63 " 26—City Council, Special Session .................................................... 67 " 27—City Council Special Session .................................................... 68 " 27—Callaghan James J., making application for appointment on the Board of Review .................................................. 68 " 27—Civil Service Commission, submitting report on examin- ation held for eligible list for appointment to the position of assistant Engineer at Pumping Station 71-72 April 1—City Council, Regular Session ................................................ 77 111—Clemens W. M., Park Commissioner, bond of .................... 79 " 1—Continental Casualty Company, Certificate of Compli- ance for the transaction of Fidelity and Surety " 1—Clemens business.............................................................. W. M., objecting to the re -zoning of the Fre- 79 mont Avenue and Dodge Street residential district 80 " 16—City " Council, Special Session .................................................... sg 16—Carpender William, calling attention of Council to the condition of sidewalk at the corner of Pear and Rush 16—Chamber Streets ..................... of Commerce Parking Commission, requesting 87-103 the use of City Lots at Eleventh and Locust Streets " 16—Council for parking purposes.......................................................... Proceedings for month of February, 1940, ap- 89.122 proved as printed 89 16—Claims " for month of February, 1940, proof of publication 89 16—City Auditor, City Treasurer, City Health Department, City Water Department, reports for month of March, " 16—Claims " 1940 ............... .......... ............................................................ . for month of March, 1940 ......................................... 89 89 16—City " Treasurer, annual report ............................ 89 16—City Manager Rhomberg, submitting report on applica. tion of Dr. W. J. Connell for appointment as Health " 16—Chief Director ..................... of Police, submitting recommendation for revoca- " 16—Chief tion of Class "B" beer permit of John Grommersch 91 . of Police, submitting recommendation for revoca- " 16—Chief tion of Class "B" beer permit of Anna Heiar................ 91-92 of Police, submitting recommendation for revoca- May 6—City tion of Class "B" beer permit of Anton Portman.... Council, Regular Session 92 6—Chamberlain .............. I. C. and Son, requesting return of the Excavation Bond of F. J. Rellihan 97 6—Cunningham 6—Claims .............................. Clem D. and Alma, grant and easement.... for month of March, 1940, 98 100 6—City proof of publication.... of Dubuque financial report for the fiscal year end- 100 " 6—City ing March 31, 1940, proof of publication ........................ Auditor, annual report 100 " 6—City .................................................... Solicitor instructed to prepare a resolution of ac- 102 ceptance on the awarding of the Safety Plaque to the City of Dubuque " 13—City ... Council, Special Session 107-111 " 13—City .................................................. Auditor, City Treasurer, City Health Department, 108 City Water Department, reports for the month of April, 1940..................................................................... " 13—Claims for month of April, 1940 111 " 13—City .......................................... Solicitor instructed to prepare a proper resolution 111 commending the Fire Department for their record for the year 1939 .................................... . ..................... 113 t� INDEX—Book 70 1940 SUBJECT Page " 16—City Council, Special Session .................................................. 114 June 3—City Council, Regular Session ................................................ 119 " 3—Chief of Police, submitting recommendation for revoca- tion of Class "B" beer permit of Mrs. Anna Kirk- patrick.................................................................................... 119-120 " 3—Cholvin Mary, notice of claim ................................................ 121 " 3—City Manager, submitting verbal recommendation that street lights be installed on Edina Street west of Alta Vista Street, on South Locust Street between Southern Avenue and Rowan Street, at Hamilton Street and Lincoln Avenue, at West Thirtieth and Lemon Street ................................................ :............. 122 " 3—Claims for month of April, 1940, proof of publication........ 122 " 3—Civil Service Commission, submitting eligible list for appointment to positions on Fire Department.......... 123-124 " 3—Civil Service Commission, submitting eligible list for appointment to positions on Police Department...... 124 " 3—Chief of Police, submitting recommendation for revoca- tion of Class "B" beer permit of Carl McDermott.... 124-125 " 28—City Council, Special Session ................................................ 128 " 28—Conlan James A., requesting a refund of penalties and excess interest charges paid on redemption of tax sale certificate against Lots 47, 48, 49 and 50 of Quig- ley's Sub............................................................................... 129-152 " 28—Conlon R. F. Sons Construction Company, requesting Council approval of plat of a proposed Subdivision to be known as "Conlon Court"......................................130-157-158 " 28—Council Proceedings for month of March, 1940, approved asprinted.............................................................................. 133 " 28—Council Proceedings for month of April, 1940, approved asprinted.............................................................................. 133 " 28—City Auditor, City Treasurer, City Health Department, City Water Department, reports for month of May, 1940........................................................................................ 133 " 28—Claims foi• month of May, 1940 .............................................. 133 " 28—City Manager, submitting data to aid the Council in studying the matter of response of the City of Du- buque Fire Department to fires outside the corporate limits...................................................................................... 134 " 28—Cunningham Leo and John M. Thompson, granted Class "B„ beer permit.................................................................. 139-140 " 28—Childers Frank W. and Rosella, granted Class "B" beer permit.................................................................................... 139-140 " 28—Cooper Fred H. and F. A. Lambe, granted Class "B" beer permit............................................................................................ 140-141 " 28—Capretz Chris and William Lembke, granted Class "B" beerpermit.......................................................................... 140-141 " 28—Cosley William and Maggie, granted Class "B" beer permit............................................................................................ 140-141 " 28—Childers F. W., granted cigarette permit ............................ 142 " 28—Cooper Fred H. and Frank A. Lambe, granted cigarette ... ..................................................................... permit............ 142 " 28—Clesen William J., granted cigarette permit ...................... 142 " 28—Chicago, Milwaukee, St. Paul and Pacific Railroad Com- pany, notified to repair railroad crossings on Thir- teenth, Fourteenth, Fifteenth, Sixteenth and Seven- teenthStreets...................................................................... 143 " 28—Chicago Great Western Railroad Company, notified to repair railroad crossings on Thirteenth, Fourteenth, Fifteenth, Sixteenth and Seventeenth Streets............ 143 July 1—City Council, Regular Session .............................................. 145 11 15—City Council, Special Session ............................................... 150 INDEX --Book 70 1940 SUBJECT r " 15—Claims for month of May, 1940, proof of publication........ 152 " 15—City Auditor, City Treasurer, City Health Department, City Water Department, reports for month of June, 1940....................................................................................... 155 " 15—Claims for month of June, 1940 ............................................ 155 " 23—City Council, Special Session .................................................. 162 " 23—Cunningham John A., notice of claim .................................. 164 " 23—Council Proceedings for the month of May, 1940, ap- proved as printed............................................................. 165 Aug. 5—City Council, Regular Session .............................................. 169 " 5—Claims for month of June, 1940, proof of publication........ 174 " 5—City Manager, recommending that a warrant in the amount of $748.44 be ordered drawn on the Improve- ment Fund in favor of County Treasurer to pay for the deficiencies in special assessments against Lots 11 and 12 of Sisters Addition and against Lots 24, 25 and 26 of Babcock's Subdivision ............................ 174-175 " 5—City Lot 14, authorizing and approving the sale of said lot by Dubuque County .................................................... 176-177 " 5—Clesen Win. J., granted Class "B" beer permit ................. 177-178 " 5—Contract between City of Dubuque and the Park Board of the City of Dubuque and the Dubuque Stone Pro- ducts Company .......... .................................... ..................... 178-179-180 " 5—Contract and agreement between City of Dubuque and Dubuque Packing Company ............................................ 181-182 " 9—City Council, Special Session ................................................... 186 Sept. 2—City Council, Regular Session ................................................ 193 " 3—City Council, Adjourned Regular Session .......................... 194 " 3—Cunningham John A., original notice of suit ........................ 195 " 3—Council Proceedings for month of June, 1940, approved " 3—City asprinted........................................................................... Auditor, City Treasurer, City Health Department, 196 City Water Department, reports for month of July, 1940........................................................................................ 199 " 3—Claims for month of July, 1940 .............................................. 199 " 6—City Council, Special Session .................................................... 203 " 6—Council Proceedings for the month of July, 1940, ap- provedas printed................................................................ 203 13—City Council, Special Session .................................................. 204 13—Claims for month of July, 1940, proof of publication........ 204 " 13—City Auditor, City Treasurer, City Health Department, City Water Department and City Recreational De- partment, reports for month of August, 1940............ 204 " 13—Claims for month of August, 1940 .............................................. 204 Oct. 7—City Council, Regular Session .................................................. 211 " 7—Cosley " Ray J., original notice of suit .................................... 211 7—Cholvin " Mary, original notice of suit. 211 7—Collinson " George B., requesting cancellation of 1939 taxes 213-219 7—Claims " foi• month of August, 1940, proof of publication.... 213 7—Clancy " Mrs. Margaret, granted Class "B" beer permit.... 214-215 21—City " Council, Special Session .................................................... 216 21—Council Proceedings for the month of August, 1940, ap- proved as printed ..................... 217 21—City Auditor, City Treasurer, City Health Department, City Recreational Department, reports for month of " September, 1940.................................................................. 217 21—Claims " for month of September, 1940 ...................................... 217 21—Cunningham Leo V. and J. M. Thompson, granted cigar- " ette permit ....................... .................................. 21—Church . of the Nativity, granted permission to erect a t ere " banner across Julien Avenue at Alpine Street............ 221 29—City Council, Special Session ............................................... 222 INDEX—Book 70 1940 SUBJECT Page C Nov. 4—City Council, Regular Session ............. _ . .......................... 225 " 4—Carter Julia, notice of claim .................................................... 225 " 4—Chicago, Milwaukee, St. Paul & Pacific Railroad Com- pany, proposed agreement in lieu of opening their railroad crossing on Eighteenth Street ...................... 225 14—City Council, Special Session .................................................. 232 " 14—Claims for month of September, 1940, proof of publica- tion.......................................................................................... 234 14—City Auditor, City Treasurer, City Health Department, City Water Department, City Recreational Depart- ment, reports for the month of October, 1940............ 234 " 14—Claims foi• month of October, 1940 ........................................ 234 26—City Council, Special Session ................................................ 235 Dec. 2—City Council, Regular Session .................................................. 239 " 2—Carter Frank, administrator of the Estate of Julia Car- ter, notice of amended claim .......................................... 239 2—Council Proceedings for the month of September, 1940, approved as printed.......................................................... 241 2—Claims for month of October, 1940, proof of publication 241 " 2—Curtis-Straub Company, excavation policy .......................... 242 " 18—City Council, Special Session .................................................. 246 18—City Auditor, City Treasurer, City Health Department, City Water Department and City Recreational De- partment, reports for month of November, 1940 ................ 255 18—Claims for month of November, 1940 ................................ 255 " 18—Corbett J. G., granted cigarette permit .................................. 255 " 18—Clark Carl A., appointed Deputy Assessor ........................ 257 " 18—Chamber of Commerce, City Manager Rhomberg in- structed to send an appropriate letter congratulating them on the noble effort they are making to bring the J. P. Smith Shoe Industry to the City ................. 257 9W INDEX—Book 70 1940 SUBJECT Page ❑E Jan. 2—Duccini Edward J. and Mabel, transfer of address of » 6—Dubuque Class "B" beer permit ...................................................... 5 " 2—Dodge Street from the intersection of Dodge and Bluff 126 28—Dr. Streets to the City Limits, recommendations of the Planning and Zoning Commission for zoning of same " 28—Dubuque ................................................................I........................... 5-6-19-22-26-30 130 " 8—Dubuque Trades and Labor Congress, requesting the " 28—Dubuque appointment of John Schaetzle as a member of Po- 131 lice and Fire Commission ................................................ 10 " 8—Dubuque Building Trades Council, requesting the ap- pointment of John Schaetzle as a member of Police 28—Donahue and Fire Commission.......................................................... 10 Feb. 5—Duncan Dale, granted cigarette permit .............................. 19 " 26—Dubuque Master Plumbers' Assn. and Dubuque Journey- 142 142 28—Duccini " men Plumbers' Local submitting additions and pro- 142 28—Donahue posed changes to Plumbing Ordinance .......................... 23 Mar. 4—Daughters of Civil War Veterans, requesting permis- sion for the holding of a Flag Tag Day ........................ 29 " 4—Dubuque Printing Pressmen and Assistants Union, re- questing a permit to sponsor a carnival on the " grounds outside of Athletic Field .................................. 30 20—DeSotel " Leona, notice of claim......................................61-86-164-175-176 20—Dubuque Master Plumbers' Association, submitting addi- tion and proposed changes to the Plumbers' Ordi- April 1—Depositories " nance ......................... .. ............................ of public funds, appointment of banks........ 62 7g 1—Dubuque Trades and Labor Congress, requesting that the Dubuque Leader be made an official newspaper " for the City of Dubuque .................................................... 80 1—Dubuque Trades and Labor Congress, endorsing J. M. Conley for appointment as a member of Board of " Review............................................................ 80 1—Dock Bonds in the amount of $8,500.00 to be issued " 16—Dura ........................................... ........... 82-83-84-85-97-114.115-116 Steve et al, requesting that they be allowed to con- tinue their market stands on Iowa Street in the " vicinity of the City Hall ........................... 89 16—Demkier Geraldine L., Secretary to City Manager, bond M of............................................................................................ 90 ay 6—Dubuque Metal Trades Council, granted Class "B" beer » 6—Dubuque permit................................................ .................................... Golf Club, granted Class "B" beer permit........ los-los 105-106 June 3—Duttle " Ray E., granted Class "C" beer permit ................ 126 28—Dr. Pepper Bottling Company, requesting that the ordi- nance be amended regulating license fees exacted for use of their vending machines " 28—Dubuque ................................ Park Board, certifying the amount of $23,446.10 130 as the amount needed for Park purposes for the fiscal year April 1, 1941 to March 31, " 28—Dubuque 1942 .................... Harbor Company's Addition Lots 16 and 17 in 131 the Subdivision of West % of Block 1, approving of sale of said lots to Mary G. Schroeder by Dubuque County............................................ 28—Donahue .......... James and Persis, granted Class "B" beer permit....................................... 138-139 28—Diamond's ...... Grill, Inc., granted cigarette permit 140-141 28—Duncan " .................. Dale, granted cigarette permit .............................. 142 142 28—Duccini " Edward, granted cigarette permit ........................ 142 28—Donahue James and Persis, granted cigarette permit.... 142 INDEX—Book 70 1940 SUBJECT Page D July 1—Dubuque Trades and Labor Congress, calling attention of the City Council to a condition existing at the Rock Wool Factory and requesting that something be done to alleviate this condition .............................. 148 " 15—Dubuque Fire and Marine Insurance Company, Notice of Appeal from the action of the Board of Review ............ 151 " 15—Dugan Charles S., granted cigarette permit ........................ 159 " 15—Dubuque Packing Company, requesting the vacation of East Seventeenth Street from Cedar Street to Syca- more Street; the vacation of the alley lying between Cedar and Sycamore Streets from East Sixteenth Street to East Eighteenth Street; the construction of a switch track on Cedar Street; the construction of loading platforms and other improvements upon a contemplated program of expanding its present plant..........................................................................160-161-162-163-164 " 23—Dubuque Packing Company, contract and agreement with the City of Dubuque to reconstruct and rebuild the surface water drainage system on East Seven- teenth Street at or near Cedar Street ..................... 162 " 23—Dubuque Packing Company, requesting that permission be granted to the Trustees of the Chicago, Milwau- kee and St. Paul Railway Company, its successors and assigns, the right and authority to construct, maintain and operate an industry track as shown on attached blue print, said track to service the Dubuque Packing Company .............................................. 163-164 " 23—Dubuque Fire Department, requesting that they be placed on a seventy-two hour work week instead of their present eighty-four hour work week .................. 164 " 23—Dubuque Trades and Labor Congress, requesting the City Council to consider a 72 -hour week for the FireFighters........................................................................ 164 Aug. 5—Dubuque Harbor Company's Addition, Lots 10 and 11 of Sub. of West 1/2 of Block 1 authorizing and ap- proving the sale of said lots by Dubuque Countq.... 176-177 " 5—Dubuque Stone Products Company, contract and agree- ment with the City of Dubuque and the Park Board of City of Dubuque ..........................................................178 -179-180 " 5—Dubuque Packing Company, contract and agreement with the City of Dubuque .............................................. 181-182 " 9—Dubuque Policemen's Protective Association, requesting permission to erect a banner across Main Street at Fifth Street.......................................................................... 189 Sept. 3—Doty Albert, Jr. et al, requesting the surfacing of Hale Street west of Algona Street ........................................ 195 Oct. 7—Dubuque Trades and Labor Congress et al, protesting with the thought of seeking relief from the heavy prevalence of mill dust in the atmosphere in the vicinity of the factories which manufacture mill- work........................................................................................ 211-230 " 7—Duccini Edward J. and Mabel, granted Class "B" beer permit................................................................................... 214-215 " 21—Dunleith and Dubuque Bridge Company, Quit Claim Deed to the City of Dubuque conveying all that part of Lots 1, 2, 3, 4 and 5 in Block 11 in Dubuque Har- bor Improvement Company's Addition, lying north- erly of a line located 70 feet perpendicularly dis- tant northerly from and parallel with the center line of the Dunleith and Dubuque Bridge Company's main track, as now located ................................................ 217 INDEX—Book 70 1940 SUBJECT Page 0 Nov. 14—Dubuque Metal Trades Council Club, granted cigarette permit.................................................................................... 234 Dec. 18—Duffy, Charley S., notice of claim .......................................... 246 18—Dubuque Visiting Nurse Association, requesting per- mission for the holding of a Bangle Sale .................. 246-247 INDEX—Book 70 1940 S l' 1"i ECT Page E Feb. 26—Erschen Robert, notice of claim ..... ...... ..................... ......... 23-65 1126—Election of March 25th, 1940, voting places selected...... 26 Mar. 16—Election of March 25th, 1940, canvassing petitions for nominations for Councilmen and Park Commissioner 47 " 16—Election of March 25th, 1940, Judges and Clerks ap- pointed................................................................................. 47-48 " 26—Election of March 25th, 1940, canvass of vote cast ............. 67 " 26—Election of March 25th, 1940, Judges and Clerks pay- ment for services................................................................ 68 April 1—Eberhardt Mr. and Mrs. Anthony J., objecting to the re -zoning of the Fremont Avenue and Dodge Street residential district.............................................................. 80 May 6—English Lane Subdivision, approval of plat ...................... 102-111 June 28—Emergency tax, resolution and application for authority tolevy................................................................................... 138-145 " 28—Eppler Elmer and Eileen, granted Class "B" beer per- mit.......................................................................................... 139-140 " 28—Eisenegger Arthur J., granted Class "B" beer permit.... 139-140 " 28—Eagles' Club, granted Class "B" Club permit ................ 140-141 " 28—Elks' Club, granted Class "B" Club permit .......................... 140-141 " 28—Eagles' Club, granted cigarette permit .............................. 141 " 28—Elks' Club, granted cigarette permit .................................. 141 " 28—Eppler Elsner, granted cigarette permit .............................. 142 " 28—Eichman Arthur H., granted cigarette permit ................ 142 " 28—Eisenegger Arthur J., granted cigarette permit.. ........ ..... . 142 " 28—Ender A. J., granted two cigarette permits ........................ 142 " 28—Eichhorn Charles M., granted cigarette permit ................ 142 Aug. 5—Emergency Fund, application for permanent transfer of $7,330.00 to the Grading Fund ............................... 176-189 Oct. 21—Election of November 5th, 1940, voting places selected 221 Nov. 26—Emergency Fund, resolution and application for au- thority to transfer the sum of $12,025.00 from said fund to the Grading Fund and the sum of $14,162.50 from said fund to the Improvement Fund ................ 235-239 INDEX—Book 70 1940 SUBJECT Page F Jan. 8—French Mrs. R. A., also petitions of property owners, requesting that the 1900 block on Delhi Street from Auburn Street to West Fourteenth Street be re- zoned...................................................................................... 9-11-18 " 8—Freund A. A. et al, requesting that Rafferty Slough be flooded for skating rink purposes .................................... 9 " 8—Farrell Edward, Ambulance Driver, requesting that his name be placed on rolls of Fire Department for pen- sionpurposes...................................................................... 11-123 Feb. 5—Flynn Josephine, requesting suspension of 1939 taxes.... 14-26 Mar. 4—Fischbach Hubert M. and Mae, granted Class "B" beer permit.............. .................... 45 " 27—Forward .. ....... E. G., making application for re -appointment as a member of Board of Review ........................................ 68 " 27—Fischbach Hubert M. and Mae, granted cigarette permit 72 April 1—Fremont Avenue and Dodge Street residential district, " objections to the re -zoning of said district ................ 80-87-88 16—Fortman Anton, recommendation of Chief of Police for the revocation of his Class "B" beer permit............ 92 May 6—Financial report for the fiscal year ending March 31, " 1940, proof of publication ................................................ 100 13—Fleege Joseph, et al, requesting Council assistance in having old route No. 20 marked as City Route June 3—Freiburger No. 20 ............... Nick, Mayor of Town of Sageville, Iowa, re- 109 questing that fire protection be extended to the town „ f Sageville, Iowa ............. ...................................... 121 3—Frith E. E. Co. Inc., requesting fire protection for the " Frith Fertilizing Works on the Sageville Road........ 121 3—Ford " Hopkins Company, granted cigarette permit............ 126 28—Flege Wm. B. and F. B. Fuhrmann, objecting to the pro- posed paving of the alley between Auburn Street and Atlantic Street from West Fourteenth Street » 28—Fortman " 28—Flynn to Fillmore Street ............ Anton,grantedClas................................................ "B" beer permit............ 128-155 139-140 John D. andGussies granted Class "B" beer per- 28—Flick " 28—Ford mit .... Morris B., granted cigarette permit ......................... Hopkins Company, 139-141 142 granted cigarette permit........ " 28—Freymann L. A. and Ira L. Smith, granted cigarette per- 142 mit................................... 28—Falkenhainer " 28—Finch . Charles, ..g ................142 Alfred, granted ci arette permit .................. Aortman 142 " 28—Finch " red,Antgranted cigarette permit ................................ anted 1Maette permit 142 28—Fischbach HubergtrM ..................... granted cigarette perr and - i 142 • ................ July 1—Flynn Thomas L., submitting an offer in the amount of $150.00 for the purchase of Lot 1 142 of 9 of Union Ad- dition..................................... " 1—Foley Minnie, ordered...to..connect....Lot 81 of Cook's Ad- ditionwith t 145-157 Aug. 5—Fritsc elEtherE., stenographer, City Water Depart- Sept. 3—Fritschel ment, bond ................................... . . Sig. et al .............. , requesting the continuation of the 174 public band concerts at Eagle Point Park ................ 3—Fautsch Louis F., Police Judge, bond " 196 6—Fett Nov. 4—Frith Lena, notice of claim .................................. ....................... 199 ... . E. E. Company, by E. T. Frith, advising Council that the agreement as proposed 203 waukee,by the Chicago, Mil- ul acific Railroad Company ath „ eu of opening it in raiillr ad crossing on Eighteenth 4—Frey ........ n neLewis A. and Ira Lee Smith, granted Class "B" beerpermit ......................... 225 ........................................I........ 227 to INDEX—Book 70 1940 SUBJECT Page G Feb. 26—General Municipal Election, voting places selected.... 26 Mar. 4—Grimme Henry and Elizabeth, granted Class "B" beer permit.................................................................................... 45 " 4—Grab Erwin M., granted Class "C" beer permit................ 45 " 16—General Municipal Election, canvassing petitions for nominations for Councilmen and Park Commissioner.... 47 " 16—General Municipal Election, Judges and Clerks appoint- ed............................................................................................ 47-48 " 20—Ceske Mrs. Rose, settlement of claim.................................... 64 " 26—General Municipal Election, canvass of votes cast........ 67 " 26—General Municipal Election, Judges and Clerks, pay- ment for services...............................:................................ 68 April 16—Grommersch John, recommendation of Chief of Police for the revocation of his Class "B" beer permit........ 91 May 6—Grant and Easement, Clem D. and Alma Cunningham to City of Dubuque................................................................ 100 " 6—Gantert Harry N. and Lucille, granted Class "B" beer permit.................................................................................... 105-106 " 13—Gleason Mrs. Katherine, et al, requesting the installation of a street light on the lower end of Edina Street.... 109-122 " 16—Grandview Avenue, prohibiting heavily laden vehicles over five tons in weight, including weight of vehicles, from traveling over said street...................................... 118 June 28—General Insulating and Manufacturing Company Rock Wool Plant, complaint from persons living in the neighborhood charging that the gases from said plant were interfering with their health and the health of their children and requesting Council action on the elimination of said gases........................ .................................................................... 128-129-148-149-189-229-230 " 28—Lotto John W. et al, requesting that Stoltz Street be repaired and given a coating of oil..............................130.155-156 " 28—Graff Michael J. and Neda, granted Class "B" beer per- mit.......................................................................................... 139-140 " 28—Gala Dominick and Alice, granted Class "B" beer permit 139-140 " 28—Grommersch John J. and Frances, granted Class "B" beerpermit.......................................................................... 140-141 " 28—Gantert Harry N., granted cigarette permit...................... 142 " 28—Gala Dominick, granted cigarette permit ............................ 142 " 28—General Sales Co., granted cigarette permit........................ 142 " 28—Grommersch John J., granted cigarette permit.............. 142 " 28—Grode Harry, granted cigarette permit .............................. 142 July 15—Gulick Floris J., suspension of last half of 1939 taxes........ 152-167 " 15—Greyhound Travel Station, Inc., granted cigarette per- mit.......................................................................................... 159 " 15—Galle Mrs. Bernice, granted Class "B' beer permit........ 159 Aug. 5—Grading Fund, application for the permanent transfer of $7,330.00 from the Emergency Fund ........................ 176-189 Sept. 3—Grode Mrs. Viola, granted Class "B" beer permit............ 201-202 Oct. 21—Grabow Carl L., Director of Recreation, requesting per- mission for the holding of a street parade and a street dance on night of October 31st........................ 217 " 21—Grassel Emil, approval of sale of Lots 109-110-111-112- 113-114 and Lot 1 of 115 of Ham's Addition by Du- buqueCounty...................................................................... 220 " 29—Grotkin Ethel and Austin, Quit Claim Deed...................... 222 Nov. 26—Grading Fund, resolution and application for authority to transfer the sum of $12,025.00 from the Emergen- cy Fund to said Grading Fund ....................... ..............235.239.240 Dec. 18—Grant and easement of Albert A. and Birdetta L. Gieg- _ erich.................................... ............... _ _ _ .. 247 to INDEX—Book 70 1940 SUBJECT I'age " 18—Giegerich Albert A. and Birdetta L., grant and ease- ment........................................................................................ 247 " 18—Grant and easement of Wm. V. Toepel et al .................... 247-248 " 18—Grant and easment of Voelker Realty Co ........................... 248 " 18—Grant and easement of Zita and Wm. Lenstra................ 248-249 " 18—Grant and easement of Oliver G. Kringle ............................ 249 " 18—Grant and easement of Anna C. Schiltz ............................ 249 " 18—Grant and easement of F. J. and Elsie Lillie ...................... 250 " 18—Grant and easement of Edward W. Horrig........................ 250 " 18—Grant and easement of Frank X. Rettenmaier and Rose Mueller.................................................................................. 250-251 " 18—Grant and easement of Peter P. Mueller, Jr ........................ 251 " 18—Grant and easement of George Hochrein et al ................. 251 " 18—Grant and easement of C.F. Lillie Est ................................... 252 " 18—Grant and easement of Augusta and John Marsh ............ 252 " 18—Grant and easement of Rose Zmudka ............................ 252-253 INDEX—Book 70 1940 SUBJECT Page T AU Jan. 2—Hail J. J., appointed Clerk Pro Tem of Council meeting 2 " 2—Herrmann Henry, requesting a refund of the penalties involved on special assessments levied against the East 3/5 of Lot 27 of L. H. Langworthy's Sub. and of Lot 20 of Marsh's Addition .......................................... 7-15 " 8—Haggerty Harry, Ambulance Driver, requesting that his name be placed on the rolls of Fire Department for pension purposes................................................................ 11-123 Feb. 5—Healy Emory F., original notice of suit .............................. 13-226 " 5—Hill Thomas, reappointed as a member of Board of Fire and Police Pension System ................................................ 16 " 5—Heim Joseph P., settlement of claim .................................... 17 " 26—Hargus Lillian L., requesting suspension of taxes............ 24-46 " 26—Hence Mary E., settlement of claim and suit .................. 25 Mar. 4—Heiar Mrs. Anna, granted Class "B" beer permit............ 45 " 20—Haller Wm. A., requesting suspension of 1939 taxes........ 62-81 " 20—Hammel A. L., excavation bond .............................................. 63 " 20—Hall J. G., requesting that he be allowed to continue operation of the Class "B" beer permit of Arthur J. Norton.............................................................................. 66 " 27—Hogan Mrs. Margaret E., suspension of 1939 taxes........ 69-82 " 27—Hagenocolas Jim, cancellation of second half of 1939 taxes........................................................................................ 69-82 " 27—Hintgen N. J., requesting the abandoning of Fairmont Avenue between Levi Terrace and Saunders Avenue 69-103-130 April 1—Hedrick Jacob and Ernestine, granted Class "B" beer permit.................................................................................... 81 " 16—Hail John Joseph, Supt, and Cashier, Water Dept., bond of.............................................................................................. 90 " 16—Heiar Anna, recommendation of Chief of Police for the revocation of her Class "B" beer permit .................. 91-92 " 16—Hill William M., granted cigarette permit ......................... 93 May 6—Hoerstmann Victor, making application for concession privilege at Municipal Athletic Field for the year 1940.................................................................................I...... 98 June 3—I-Iartig David, et al, requesting that the present "City Routes" markings on Main Street be allowed to remain................................................................................... 119 " 3—Harwood M. L., requesting that Highway No. 20, "City Routing" be taken over East Fourth Street to Cen- tral Avenue, thence over Eighth Avenue to Julien Avenue, thence over Julien Avenue to Delhi Street 119 " 3—Hoermann Charles S., et al, requesting that Highway No. 20 "City Routing" be taken over East Fourth Street to Fourth and Central Avenue, thence to Eighth Avenue, thence to Julien Avenue, thence to DelhiStreet........................................................................ 121 " 3—Holy Trinity Church, requesting permission to place a banner across Main Street and also requesting the installation of a street light at the corner of Lincoln Avenue and Hamilton Street ........................................ 121-122 " 3—Hoffman Mrs. Kathryn et al, asking the Council to sell as building lots the property known as the Ott property instead of turning the same into a public playground............................................................................ 122 " 3—Heine Louis et al, requesting that the alley between Auburn Street and Atlantic Street from West Four- teenth Street to Fillmore Street be paved ...... .......... 122-128-155 " 28—Home Owners' Loan Corporation, notice of appeal from the action taken by the Board of Review .................... 129 " 28—Hughes R. D. and R. D. Jr., granted Class "B" beer per- mit... _._ .................._......................................... 139-140 .r - INDEX—Book 70 1940 SUBJECT Page H " 28—Horne William and Mary, granted Class "B" beer permit 140.141 " 28—Harwood Mrs. M. L., granted cigarette permit ................ 141 " 28—Hughes R. D. and R. D. Jr., granted cigarette permit 142 " 28—Hochberger John, granted cigarette permit ................ 142 " 28—Hartig Drug Co. Inc., granted three cigarette permits 142 " 28—Hanten, Joseph W. and 'Virginia, granted cigarette per- mit.......................................................................................... 142 " 28—Hill William M., granted cigarette permit ........................ 142 " 28—Haas Louise M., granted cigarette permit .......................... 142 " 28—Hedrick Jacob, granted cigarette permit ............................ 142 " 28—Haley Amy, granted cigarette permit .................................. 142 " 28—Hogan Richard, granted cigarette permit .......................... 142 " 28—Horne William, granted cigarette permit ............................ 142 " 28—Haley Ann and Mrs. Agnes Grady, granted cigarette permit.................................................................................... 142 " 28—Hogan Vincent, granted cigarette permit ............................ 142 Aug. 5—Hogan Richard and Lillian, granted Class "B" beer per- mit.......................................................................................... 177-178 Sept. 3—Haas Theo. V., calling the attention of the City Council to a condition which exists in the alley extending from Forrest Lane to West Fifth Street and running Parallel to Booth and Glen Oak Streets .................... 196 " 3—Hochberger John A. and William, granted Class "B" beer Oct. 7—Hanten permit ........ ............... .................. Joseph W. and Virginia, granted Class "B" beer 201-202 " 21—Hind permit ............ Frank B., requesting cancellation of 1939 taxes...... 214.215 217-225 " 21—Hintgen N. J., approval of sale of Lots 15 to 31 inclusive and Lots 42-43-44 of Fairmont Park by Dubuque Nov. 4—Haupert County .................... ................................. . George J. et al, requesting the Council to use every effort in preventing the occupancy of the buildings and grounds formerly occupied by the Corn Belt Packing Company by a packing plant in- dustry or other type of industry which will be of an " objectionable nature.......................................................... 225 4—H. & W. Motor Express Company, proposal for the pur- chase of the grounds and buildings formerly occu- " pied by the Corn Belt Packing Company 4—Henkel ................225-232-233 Gus and Bernice, granted Class "B" beer permit 227 Dec. 18—Hail " J. J., appointed Clerk of the Council meeting........ 246 18—Hanover Harry J., submitting application for appoint- ment to the office of City Assessor 246-256 18—Horrig " .............................. Edward W., grant and easement 250 18—Hochrein ............................ George et al, grant and easement ........................ 251 INDEX—Book 70 1940 S UBJE('T Page Jan. 8—Interstate Power Company instructed not to discon- tinue or change the routes and schedules of buses which existed prior to January 7, 1940 .................... 10 " 8—International Hod Carrier Building and Common Labor- ers Union, requesting the appointment of John Schaetzle as a member of Police and Fire Commis- sion.......................................................................................... 10 " 8—International Union of Operating Engineers, requesting appointment of John Schaetzle as a member of Po- lice and Fire Commission .............................................. 10 " 8—International Association of Machinists, submitting the name of Art Schroeder for appointment as a member of Police and Fire Commission ........................................ 11 Feb. 5—International Molders' Union of America, recommend- ing John Schaetzle for appointment as a member of Police and Fire Commission .......................................... 13 " 5—Iowa State Highway Commission, Engineer of Safety and Traffic, submitting a proposal to place traffic signals on all four corners at the intersection of Dodge Street and Grandview Avenue ........................ 13-14 " 5—Iowa State Highway Commission, submitting contract covering Primary Road Extension maintenance for the period from December 1st, 1939 to June 30th, 1940.......................................................................................... 14 Mar. 4—Irwin Ray, granted cigarette permit .................................... 44 _ April 1—Iowa Co-operative Publishing Company, making applica- tion for The Dubuque Leader to be named an official newspaper............................................................................ 78 " 1—International Brotherhood of Bookbinders, asking Coun- cil to consider the matter of union binders when placing the contract for the printing and binding of the monthly Council Proceedings .............................. 80 May 6—Iowa Municipal Accounting Officers Association, extend- ing invitation to accounting officials to attend meet- ing.......................................................................................... 98 " 6—International Brotherhood 6f Teamsters, Chauffeurs, Stablemen and Helpers of America, Local No. 421, application for a Class "B" beer permit for private club........................................................................................ 106.117 " 16—Interstate Power Company, statement showing analysis of revenues and expenses and rate of return for electric and bus transportation service for the City of Dubuque as of December 31, 1939 ........................ 116 June 28—Iowa Children's ' Home Society, Des Moines, Iowa, re- questing permission for the holding of a tag day.... 129 " 28—Iowa State Highway Commission submitting contract covering Primary Road Extension Maintenance during the period of July 1st, 1940 to June 30th, 1941 131-132 " 28—Irwin Ray, granted cigarette permit ........................................ 142 July 15—Interstate Power Company, agreement with the City of Dubuque on the value for rate making purposes of the Dubuque Steam Generating Plant and the Du- buque Electrical Distribution System as they existed on October 1, 1938, plus net additions to December 31, 1938................................................................................. 152.153-154 " 15—Interstate Power Company, submitting analysis of Rev- enues and Expenses and Rate of Return of the Elec- tric and Bus Transportation Service during the cal- endar years of 1938 and 1939 ........................................ 155-199 INDEX—Book 70 ------------ 1940 SUBJECT Page Aug. b—Interstate Power Company, requesting permission to re- construct their distribution system in the alley be- tween Main and Iowa Streets and Second and Third Streets.............................. ..................172-197.198 Sept. 3—Iowa Association of Chiefs of Police, Chief of Police Strub authorized to attend the convention to be held at Sioux City on September 17-18-19 ...................... 195 Oct. 7—International Association of Fire Chiefs, concerning the Importance of building up the fire forces to cope with problems of National Defense ........................... 212 29—International Brotherhood of Teamsters, Chauffeurs, Stablemen and Helpers of America, Local 421 (Un- ion League Club) application for Class "B" beer per- mit for Private Club ..............................223 227 Nov. 14—Iowa Taxpayers Association, extending invitation to the Mayor, Councilmen and City Officials to attend the Annual Meeting of the Association to be held at Des Moines on November 22nd, 1940 .......................... 233 " 26—Improvement Fund, resolution and application for au- thority to transfer the sum of $14,162.50 from the Emergency Fund to said Improvement Fund......... 235-239-240 26—Improvement Fund, resolution and application for au- thority to transfer the sum of $20,000.00 from the Water Works General Fund to said Improvement Fund..............................................: ........................................23b-236-240 – ---wo INDEX—Book 70 1940 SUBJECT Page 1� Mar. 4—Jansen Lucille Mrs., granted Class "B" beer permit ....... 45 " 16—Judges and Clerks appointed to serve at the General Municipal Election on March 25, 1940 ........................ 47-48 " 26—Judges and Clerks of General Municipal Election, pay- ment for services ................................................... ........ 68 May 6—Jones Mrs. Agnes et al, requesting removal of the adver- tising sign located on the Southwest corner of the intersection of West Fourteenth Street and Wood Street...................................................................................... 99-112 " 13—Juvenile playground purposes, City Manager authorized to acquire Lot 3 of Randall's Sub .................................. 112-116 June 3—Jordan W. J., excavation bond ................................................ 123 " 28—Jacobson Iron and Metal Company requesting permis- sion to construct, maintain and operate an industry track over and along the alley between Elm and Pine Streets and Eleventh and Twelfth Streets ........ 130-156-167 " 28—Joseph Mrs N. B., granted cigarette permit ........................ 142 " 28—Jacquinot Harry J., granted cigarette permit .................. 142 qW INDEX—Book 70 1940 mit SUBJECT Page „ 8—Klein K 140-141 140-141 Jan. 2 --Kurt Merlyn B., requesting that he be allowed the sum 141 of $60.00 for the replacement of the sanitary sewer 28—Kretz at 874 South Grandview Avenue .................................... 7.25 " 2—Kissell Mrs. Francis, requesting suspension of penalties 28—Kalmes 28—Kress ............................ Milton J., granted cigarette permit ...................... Hubert J., in the amount of $37.91 due on special assessments 28—Karigan " granted cigarette permit ......................... Andrew, granted two cigarette permits. ermits levied upon Lot 44 of Farley's Sub ...................... I............ 7 " 2—Kintzinger John J., appointed City Solicitor ...................... 7 Feb. 5—Key City Gas Co., submitting annual report showing re- pen- alties due on special assessment for Lot 113, Finley, Waples ceipts and disbursements for calendar year 1939.... 13 " 5—Kemler J. E., granted a refund of interest charges in requesting permission to construct a loading platform and canopy over excess of 5%, per annum and penalties paid on same on Washington Street between Ninth Street and southerly toward Eighth, assessments on City Lots 281 and 282 ....................... 15 Mar. 4—Koehler Sarah, requesting suspension of 1939 taxes.......... 30-64 " 4—Kluck Earl, granted Class "B" beer permit ........................ 45 " 20—Key City Gas Co., excavation bond .................................... 63 April 1—Kiesel Henrietta Coates, objecting to the re -zoning of the Fremont Avenue and Dodge Street residential district.................................................................................... 80 " 1—Knopp Anthony, requesting that the Bee Branch Sewer running through his property be enlarged and straightened.......................................................................... 85 " 16—Kuehnle Louis, suspension of 1939 taxes ............................ 89-103-104 May 6—Kenneally Bud, notice of claim .............................................. 98117 11 6—Kolf Mrs. Anna, suspension of 1939 taxes .......................... 99-123 " 6—Karigan Andrew, granted cigarette permit ...................... 105 " 13—Kane Nora, notice of claim .................................................... 108 June 3—Kirkpatrick Mrs. Anna, revocation of her Class "B" beer permit.................................................................................... 119-120 " 28—Kane Nora, original notice of suit ...................................... 129 " 28—Kane " Allen C., Clerk of City Water Department, bond of 134 28—Kintzinger " John J., City Solicitor, bond of ....................... 134 28—Koleopulos " Steve, granted Class "B" beer permit.......... 139-140 28—Kanavas George, granted Class "B" beer permit............ " 139-140 28—Karigan Andrew D. and Violet, granted Class "B" beer 28—Kress permit..................................................... Hubert J. and Mary, granted Class "B" beer per- 139-140 28—Klauer-Julien . .. ' Hotel Company, granted Class "B" beer 139 140 „ 8—Klein permit ..................................... ....................... Frank and Anna, granted Class "B" beer permit.... 140-141 140-141 28—Klauer-Julien " 28—Keller, Hotel Co., granted cigarette permit............ Mae and Ruth Keller Metz, 141 granted cigarette per- mit............................. 28—Kretz E. P., granted cigarette permit 142 .................................... " 28—Kruse Geo. C., granted cigarette permit " 142 142 28—Kalmes 28—Kress ............................ Milton J., granted cigarette permit ...................... Hubert J., 142 28—Karigan " granted cigarette permit ......................... Andrew, granted two cigarette permits. ermits 142 142 .............. 28—Kies Theodore T., granted cigarette permit .................... " 28—Koleopulos Steve, granted 142 Aug. 5—Kuehnle cigarette permit .......................... Edwin C., requesting refund of interest and 142 pen- alties due on special assessment for Lot 113, Finley, Waples " 5—Klauer and Burton's Addition .................... :................. Manufacturing Company, 171-242 requesting permission to construct a loading platform and canopy over same on Washington Street between Ninth Street and southerly toward Eighth, also for permission to construct steps leading into their office and a canopy over the same, also for permission to install a 10,000 gallon fuel oil tank under the side- walk on south side of Ninth Street and east of Washington Street ......................................... ,...... 172.199-200-204-205 INDEX—Book 70 1940 SUBJECT Page K " 5—Klingenberg's Chas. 4th Subdivision, Lot 17, author- izing and approving the sale of said lot by Dubuque County.................................................................................... 176-177 " 5—Knights of Columbus, granted Class "B" beer permit.... 177-178 Sept. 3—Kelly Frank M., requesting the extension of the Local Business District on Lot 1 of 2 of 1 of 1 of Mineral Lot67.................................................................................... 196-214 " 3—Kennedy Patrick R. and Minnie, granted Class "B" beer permit........................................................................................ 201-202 Oct. 21—Kuehnle Edwin C., requesting a refund of interest and penalties paid on special assessments on Lot 1 of 1 of East % of Lot 10 in Sisters' Addition ................ 217-242 " 29—Kohler Melvin, Ervin, A. G., and Clifford, granted cigar- ettepermit............................................................................ 223 Nov. 4—Kalmes Milton J., granted Class "B" beer permit............ 227 " 4—Klauer Manufacturing Company, approval of the sale of Lots 167-168-169-170,171-232-233-234-235-236 of East Dubuque Addition by Dubuque County ........................ 228 Dec. 2—Keen A. E. et al, requesting that Bluff Street extension be improved in order that it can be used for vehicle transportation.................................................................... 241 " 2—Kies Bess K., approval of sale of Lot 3 of St. Raphael's Addition by Dubuque County .......................................... 243 " 2—Kress Peter J., granted Class "B" beer permit ................... 244 " 18—Kluck Mrs Merlin, notice of claim ........................................ 246 " 18—Kringle Oliver G., grant and easement .............................. 249 " 18—Kelly Frank M., submitting an offer of $1.00 in full com- promise and payment of the special assessments levied against Lot 1 of 2 of 1 of 1 of Mineral Lot 67 256 INDEX—Book 70 1940 SUBJECT I'age L Jan. 2—League of Iowa Municipalities, requesting Council co- operation and help in the legislative program adopt- edby the League............................................................. 6 Feb. 5—Lundbeck Catherine S., requesting suspension of 1939 taxes................................ ........................................................ 14-26-62-81 " 5—Lundbeck John J. and H. L., requesting suspension of 1939 taxes........................................................................... 14-26 " 5—Loyal Order of Moose, granted cigarette permit............ 19 " 5—Lemper H. P., granted cigarette permit .............................. 19 Mar. 20—Levan Archie, excavation bond ............................................ 63 April 16—League of Iowa Municipalities urging the City Council to take an active interest in the nomination of can- didates foi• the legislature .............................................. 87 " 16—Lyons E. B., objecting to the re -zoning of the Fremont Avenue and Dodge Street residential district........ 88 May 6—Lechtenberg Mrs F. E., notice of claim ........................... 98 " 6—Leach George E., Mayor of Minneapolis, Minn., extend- ing invitation to Council to attend the annual Aquatennial......................................................................... 98 " 6—Leonard Frank E., suspension of 1939 taxes ....................... 99-113 6—Loftus John J., asking approval of plat of South Grand- viewPark Addition.......................................................... 99-132-133 " 6—Librarian of Carnegie -Stout Free Public Library, annual report...................................................................................... 100 " 16—Lange Elizabeth, settlement of claim and suit ................ 117 June 3—Link Leo and Bernice, granted Class "B" beer permit.... 126 28—Leiser Mrs. Wilhelmina, granted Class "B" beer permit 140-141 " 28—Leik William C., granted cigarette permit .......................... 141 " 28—Ludwig M. J., granted cigarette permit ............. I................ 141 " 28—Link Leo, granted cigarette permit .................................... 142 July 15—Lewis S. M., Notice of Appeal from the action of the Boardof Review................................................................ 151 " 15—Loetscher John A., Notice of Appeal from the Action of the Board of Review........................................................ 151 " 15—Linehan and Molo, excavation bond ........................................ 155 " 15—Lott Herman, requesting that the alley between Auburn Street and Atlantic Street from West Fourteenth Street to Fillmore Street be brought to a proper Aug. 5—Leslein grade............................................................... . ..................... Mrs. Chris, requesting payment of Doctor bill 161 for injuries sustained by her son in a fall on defec- tive sidewalk at 610 West Locust Street .................. 171-200 " 5—League of Iowa Municipalities, requesting the City Coun- cil to send delegates to annual convention at Council Bluffs, Iowa.......................................................................... 171 " 5—Langworthy's L. H. Addition, Lot 2 of 1 of 138, 140 and 142, authorizing and approving the sale of said lot by Dubuque County ........................ ........ ...................... . 176-177 Sept. 3—Lange Jacob, requesting the City to aid in the con- struction of a catch basin to divert the flow of sur- face water from Delhi Street down and upon his " premises................................................................................ 194 3—Lenstra F. H., granted cigarette permit " 3—Lenstra " .............................. F. H., granted Class "B" beer permit .................. 201 201-202 3—Loyal Order of Moose, granted Class "B" beer permit.... 201-202 Oct. 7—Loras College et al, requesting that the name of West Fourteenth Street be changed to Loras Boulevard.... 211-245-254 7—Lytle Dr. C. C. et al, requesting that the name of Julien Avenue and a portion of Delhi Street be changed to University Avenue ............................... .......... ....... 211-241-245-254-255 INDEX—Book 70 1940 SUBJECT Page L " 7—League of Iowa Municipalities, calling attention of the City Council to the importance of contacting can - dates for the Legislature upon matters which are of interest to Cities and Towns ........................................ 212.216 " 7—Loral College, granted cigarette permit ............................ 214 " 21—Lucas Marie, approval of sale of Lot 1 of the Subdivision of Lots 22 and23 of Kelly's Sub. by Dubuque County 220 Dec. 2—LeVan Archie, excavation policy .......................................... 242 " 2—Luber John and Anna, granted Class "B" beer permit.... 244 " 18—League of Iowa Municipalities, submitting for Council consideration and approval copies of bills exempt- ing cities and towns from state sales and gasoline taxes and for switching a levy on city real estate for county roads to city streets .................................. 246 " 18—Lenstra Zita and Wm., grant and easement .................. 248-249 " 18—Lillie F. J. and Elsie, grant and easement ...................... 250 " 18—Lillie C. F., Estate, grant and easement .............................. 252 " 18—Lee John R., submitting an offer of $20.00 per lot as a compromise settlement of the special assessments levied against Lot 26 and Lot 27 in Quigley's Sub- division.................................................................................. 256 r INDEX—Book 70 1940 SUBJECT Page Mc Feb. 26—McManus Regina, notice of claim .......................................... 22-74 Mar. 20—McCarten H. B., excavation bond ............................................ 63 " 27—McDermott Carl J., transfer of address of Class "B" beer permit.................................................................................... 72 May 6—McCabe Mrs. Catherine, notice of claim ............................ 98-123 June 3—McDermott Carl, revocation of his Class "B" beer per- mit.......................................................................................... 124-125 " 28—McDonald Daniel and Loretta, granted Class "B" beer permit.................................................................................... 139-140 " 28—McLaughlin Frank and Anna, granted Class "B" beer permit.................................................................................... 139-140 " 28—McDonald Daniel, granted cigarette permit ..................... 141 " 28—McLaughlin Frank and Anna, granted cigarette permit 142 " 28—McCann Eugene, granted cigarette permit .......................... 142 " 28—McFarlane Robert, granted cigarette permit .................. 142 Oct. 7—McCarthy C. J., Harbor and Market Master, bond.......... 213 " 7—McCann Eugene P. and Katherine, granted Class 'B" beerpermit .................................................... .............. 214-215 " 21—McCutcheon G. H., requesting installation of a stop light at the intersection of Twentieth and Jackson streets .............................................................. 217 Dec. 2—McNamara Grocery et al, merchants in the 1000 block on Julien Avenue, remonstrating against the chang- ing of the name of Julien Avenue to University Avenue.................................................................................. 241 INDEX—Book 70 1940 SI'Ii.i111C I' 11;1ge M Jan. 2—Miller Win. C., transfer of address of Class "B" beer permit.................................................................................... 5-20 Feb. 5—Metal Trades Council, endorsing John Schaetzle as a member of the Police and Fire Commission............ 13 " 5—Molo Bart L., making application for fire protection on the Middle Road on his place known as Silver Acres...................................................................................... 13 " 5—Matz Frank, reappointed as a member of Board of Fire and Police Pension System ............................................ 16 " 5—Mihalakis Philip, transfer of address of Class "B" beer permit.................................................................................... 20 " 26—Meyers Viola, notice of claim ................................................ 23 " 26—Mount Pleasant Home, requesting permission to con- nect a Gamewell fire alarm system with the City Master fire alarm box at the end of Mt. Pleasant Avenue.................................................................................. 23 Mar. 4—Mathis Arnold and Carrie, granted Class "B" beer per- mit.......................................................................................... 45 " 20—Massachusetts Bonding and Insurance Company, submit- ting revocation of Power of Attorney of F. W. Coates 62 " 20—Midwest Lumber Company, requesting a refund on pen- alties and interest charges on delinquent special as- sessments paid on Lots 4, 5 and 6 in Grandview Heights Addition................................................................ 62-73 " 20—Mullen Bros. Co., excavation bond ........................................ 63 April 16—May C. J. et al, objecting to the re -zoning of the Fre- mont Avenue and Dodge Street residential district 88 " 16—Marshall Robert P., City Auditor, bond ............................. 90 May 6—Mills West Dubuque Addition, Lots 2, 3, 4, 5 and 6, pur- chase of said lots by Realty Improvement Company 102 " 6—Manders Edmund N., granted cigarette permit ................ 105 " 6—Meyer Martin and Vernon, granted Class "B" beer per- mit.......................................................................................... 105-106 " 13—Memorial Day Parade, invitation to Council to partici- pate in said parade.......................................................... 108 " 13—Maryland Casualty Company, requesting cancellation of the Excavation Bond of Reuben L. Anderson, Inc..... 109 June 3—Miller Leo J., requesting a refund of penalties and inter- est paid on special assessments on Lots 48 and the Westerly 10 feet of Lot 47 in Union Addition........ 121-134 " 28—Mueller Henry, asking reclassification of the property platted as Lot 1 of Lot 3 of Mineral Lot 367 from Two-family Residence to Multitple Residence.... 132-158-178-196 " 28—Machinek Joseph J., granted Class "B" beer permit........ 139-140 " 28—Meyer Albert M., granted Class "B" beer permit............ 139-140 " 28—Megonigle Paul and J. B., granted Class "B" beer permit 139-140 " 28—Mayerle John S. and Florence, granted Class "B" beer permit................................................................................... 139-141 " 28—Moes Carl J., and Anthony W., granted Class "B" beer permit.................................................................................... 140-141 " 28—Mengis Walter and Mathilda, granted Class "B" beer permit.................................................................................... 140.141 " 28—Meyer Paul J., granted cigarette permit ............................. 141 " 28—Machinek Joseph J., granted cigarette permit ................ 141 " 28—Moose Club, granted cigarette permit .................................. 141 " 28—Manders Edmund N., granted cigarette permit, ....... ....... 142 " 28—Miller George, granted cigarette permit ........................... 142 " 28—Megonigle Paul and J. B., granted cigarette permit............ 142 " 28—Moes Carl J., and Anton, granted cigarette permit.......... 142 " 28—Meyers Kermit and Thomas Lilly, granted cigarette per- mit.......................................................................................... 142 INDEX—Book 70 1940 SUBJECT Page M July 23—Meyers John P., submitting bill in the amount of $4.00 for removal of a broken limb of tree from residence at 266 Nevada Street........................................................ 164-175 Aug. 5—Murphy Insurance Agency, requesting release of the cigarette bond of Robert Zehentner .............................. 171 " 5—Murphy Insurance Agency, requesting release of the cig- arette bond of Ford Hopkins Company ....................... 171 " 5—Mihalakis Philip and Viola, granted Class "B" beer per- mit......................................................................................... 177-178 " 5—Miller William C. and Florence, granted Class "B" beer permit.................................................................................... 177-178 " 9—Mathis Paul, requesting that the City Hall be remodeled andbeautified...................................................................... 192 Sept. 3—Mosbauer Mrs. Emma, requesting the City of Dubuque to accept the amount of $361.76 for the surrender of tax sale certificates and also for the payment in full of delinquent special assessments against Lots 247 and 248 Davis Farm Addition ............................... 195 Oct. 7—Mihulka Mrs. Mary et al, requesting the opening of NapierStreet...................................................................... 211 " 7—Mississippi Valley Association, extending invitation to the Mayor and Members of City Council to attend the annual meeting to be held in St. Louis on Octob- er 14th and 15th.............................................................. 212 " 7—Miller Mrs. Katie A., requesting suspension of 1939 taxes 213-219 " 7—Melssen Hubert and Veronica, granted Class "B" beer " 21—Murphy permit.................................................................................... John F., notice of claim. ......................................... 214-215 216-226 " 21—Murphy Patricia Ann, by William Murphy, her next friend, settlement of claim and suit 218 Nov. 26—Memorial ....................... to William B. Allison and David B. Henderson, purchase of Lot 1 of Pinehurst for said purpose.... 236-237 Dec. 18—Martin Oil Company, requesting permission to erect a combination sign post and flood -light post in front " of their filling station at 280 Locust Street 247 18—Mueller .................. Rose and Frank X. Rettenmaier, grant and 18—Mueller ' easement ............. Peter P. Jr., grant and easement 250-251 251 18—Marsh " 18—Mettel ....................... Augusta and John, grant and easement............ Katharine A., 252 notice of claim .................................. 266 INDEX—Book 70 1940 SCI;.1 ECT Page N Jan. 8—Nolan Mary G., notice of claim............................................10.13-73-74 Feb. 26—Nagle J. J. Estate, offering the amount of $100.00 for surrender of Tax Sale Certificate held by the City of Dubuque against Lot 2 of the West 116 feet of CityLot 703.......................................................................... 25 Mar. 20—Norton Arthur and Adele, matter of revocation of their Class "B" beer permit ...................................................... 66 April 1—National Safety Council, advising that the City of Du- buque has been awarded second place in the 1939 National Traffic Safety Contest ........................................ 79 " 1—Newburgh Mr. and Mrs. J. W., objecting to the re -zoning of the Fremont Avenue and Dodge Street residential district.................................................................................. 80 " 1—Nelson Frank A., granted Class "B" beer permit............ 81 June 3—Notice of public hearing upon application of City of Dubuque Bridge Company for approval of plans for contruction of a highway bridge across the Mississippi River................................................................ 120 " 28—Ney, Roy, granted Class "B" beer permit .......................... 140.141 " 28—Nardin George, granted cigarette permit ............................ 141 " 28—Nicks Ray and Fred Herber, granted cigarette permit.... 142 Sept. 3—Nardin George and Rose, granted Class "B" beer permit 201-202 Oct. 7—Nelson Charles R., granted cigarette permit .................. 214 Nov. 4—Nicks Ray and Fred Herber, granted Class "B" beer permit.................................................................................... 227 " 4—National Youth Administration Program, appropriating the amount of $350.00 from the General Fund in furtherance of the N. Y. A. Program ............................ 228 Dec. 2—National Institute of Municipal Law Officers requesting that City Solicitor Kintzinger be sent as the City's representative to the national conference to be held atWashington, D. C ......................................................... 240 INDEX—Book 70 1940 SUBJECT Page O Jan. 2 --Ordinance No. 35-39. An ordinance amending and changing the Zoning Map of the City of Dubuque as provided for by Ordinance No. 3-34, designated "Zoning Ordinance of the City of Dubuque," so as to change to "Two Family Residence District" cer- tain defined property now delimited as "Single Fam- ily Residence District," as petitioned for by Joseph P. Simones, et al, property abutting on Kirkwood " 2—Ordinance Street...................................................................................... No. 36--39. An ordinance establishing a 2-3 grade on Salina Street from Railroad Street to Dodge Street .............. 3 2—Ordinance No. 37-39. An ordinance establishing a grade on Camp Street from Main Street to Salina Street 2—Ordinance No. 38-39. An ordinance establishing a .1 grade on Charter Street from Main Street to Salina Street............................... . 2—Okey Vern, requesting release of his Class "B" beer bond 5 8—Ordinance No. 1-40. An ordinance amending and changing the Zoning Map of the City of Dubuque as provided for by Ordinance No. 3-34, designated "Zoning Ordinance of the City of Dubuque," so as to change to "Multiple Residence District" the 1900 Block on Delhi Street from Auburn Street to West Fourteenth Street Feb. 26—Ordinance .................................... No. 2-40. An ordinance amending and changing the Zoning Map 11-18 of the City of Dubuque as provided for by Ordinance No. 3-34, designated "Zoning Ordinance of the City of Dubuque," so as to change to "Local Business District" both Mar. 4—Obermiller sides of Dodge Street from Bluff Street to Bryant Street.... Lena, 26-30-31 " 20—Ordinance notice of claim .................................. ..mo.ney No. 3-40. An ordinance a .e.y appropriating 29-64 for the various funds and PCity ofurposes Dubuque for the fiscal year beginn April 16—O'Brien ng April 1, 1940 and ending March 31, 1941 ........................................61-68-69-70-71 Mrs John, 16—O'Leary " 16—Ordinance notice of claim ...................................... Daniel J., Plumbing Inspector, bond of.......... No. 86-87104 90 4-40. An ordinance amending an ordi- nance entitled "Ordinance No. 4-33" and amend- ment thereto entitled "Ordinance No. 6-37." An ordinance providing that certain business and voca- tions shall be licensed: fixing the license fee for Carnivals, „ and repealing Ordinance No. 6-37........ 94-100-101 16 -=Ordinance No. 5-40. An ordinance amending an ordi- nance entitled "Ordinance No. 4-1933." An ord- inance providing that certain businesses and voca- tions shall be licensed by „ 16—Ordinance amending Section 5 of said ordinance regulating "Temporary Vendors".... No. 94-101 —40. An ordinance creating and estab- lishing a "Board of Examining May 6—Ordinance Engineers .................. No. 6-40. An ordinance 94-121 „ 6—Olansky " authorizing the isuance of $8,500.00 Dock Bonds................................97-114-11511G M. B., granted cigarette permit ............................ 6—Ordinance No. 7-40. An ordinance amending dinance 105 an or- entitled "Ordinance No. 9-35" and an amendment thereto entitled "Ordinance No. 19-38." An ordinance providing for the isuance of Class "B" and Class "C" beer permits and for the revocation thereof by insertion in andaddition to Ordinance No. 19-38, Paragraph 493A, a provision for limita- INDEX—Book 70 1940 SUBJECT Page O tion upon the issuance of Class "B" permits and providing for sale or disposition of Class "B" beer permits.................................................... .... .......................... 106-109-110 " 6—Ordinance No. 8-40. An ordinance establishing a grade on Shelby Street from the north property line of Seminary Street to the end of said street .................... 107-110 June 3—Ordinance No. 9-40. Au ordinance granting to Louis Rotman, owner, his heirs and assigns the right to construct and maintain a loading platform in the rear of a building located on City Lot 191 at 331 rIowa Street....................................................................126-127.135-136 " 3—Ordinance No. 10-40. An ordinance regulating the use of Bicycles within the City of Dubuque, Iowa, providing for the registration thereof and providing a penalty for violation hereof........................................127-136-137 " 28—Ordinance No. —40. An ordinance to amend Ordinance No. 28-30 entitled: "An ordinance to regulate all electrical installations and service with the corpor- ate limits of the City of Dubuque .................................. 138 " 28—Ordinance No. —40. An ordinance for safeguarding persons and property and promoting the welfare of the public: creating an Electrical Examining Board and prescribing its duties, providing for the licensing by the Electrical Board of persons, firms and corporations undertaking the installation of electrical equipment and making it unlawful to undertake the installation of electrical equipment without a license................................................................ 138 " 28—O'Regan Timothy and Louise, granted Class "B" beer permit.................................................................................... 139-140 " 28—Orioles Lodge, granted Class "B" club permit .................. 140-141 " 28—Ott Joseph J. Jr., granted cigarette permit ........................ 141 R 28—O'Regan Timothy, granted cigarette permit ...................... 142 " 28—Olansky M. B., granted cigarette permit ............................ 142 ' July 15—Ordinance No. 11-40. An ordinance vacating that part of Fairmont Street from Saunders Street to Lafayette Street and conveying that vacated part of said Fair- mont Street from Saunders to Lafayette Street to ArnoldStegar.................................................................... 160-165 " 15—Ordinance No. 12--40. An ordinance repealing an ordi- nance No. 204-1928, creating a Municipal Play- ground and Recreation Commission and deflning its powers and duties; and providing for joint maintenance and operation of Playground and Recre- ation Facilities with the Board of Education of the Independent School District of Dubuque ....................160-165-166 " 23—Ordinance No. 13-40. An ordinance providing for the Vacation of East Seventeenth Street from the East Line of Cedar Street to the West Line of Sycamore Street; also for the Vacation of the alley lying be- tween Cedar and Sycamore Streets from the North Line of East Sixteenth Street to the South Line of East Eighteenth Street; also for the conveyance of said Vacated Areas to Dubuque Packing Com- pany ............................. ............................ ................. 162-169-182-183-184 " 23—Ordinance No. 14-40. An ordinance granting to Du- buque Packing Company, its successor and assigns, the right to construct and maintain a Loading Plat- form on Cedar Street; upon East Seventeenth Street; upon East Eighteenth Street; and upon Sycamore Street; also the right to occupy a portion of East Eighteenth Street with Stockyards; also the IT �! --yr INDEX—Book 70 1940 SUBJECT page 0 right to replace the sidewalk on East Eighteenth Street........................ ..................................................... 163-169-184-185 23—Ordinance No. 15-40. Special Ordinance. An ordi- nance granting to Henry A. Scandrett, Walter J. Cummings and George I. Haight, as Trustees of the property of Chicago, Milwaukee, St. Paul and Pacific Railroad Company, their successors and as- signs, the right to construct, maintain and operate an industry spur track in and across Sycamore Street, across the public alleys between Sycamore Street and Cedar Street, across "B" Branch Sewer, across East Eighteenth Street and over and along and upon Cedar Street from a point approximately 30 feet southerly of the southerly line of East Eigh- teenth Street, across East Seventeenth Sheet to a point approximately 50 feet North of the North line of East Sixteenth Street, and declaring an emer- gency............................................ ......164.169-170 23—Ordinance No. 16-40. An ordinance vacating part of the alley between and abutted on by Lots 658A on the one side and 658, 659 and 660 on the other side, being the Northerly 3-5ths of the alley running from West Tenth Street to West Eleventh Street between and parallel to Bluff Street and Locust Street and conveying same to Carnegie -Stout Free Public Library 167-172-17:3 23—Ordinance No. 17-40. Special Ordinance. An ordinance granting to the Chicago Great Western Railroad Company, its successors and assigns, the right to construct, maintain and operate an Industry Track over, along and upon the alley between Elm and Pine Streets and between Eleventh and Twelfth Streets, said track to connect with an existing rail- road track in said alley ........................................ Aug. 5—Ordinances of the City of Dubuque, providing for .......167-173-174 the 67 173-174the Revising, Amending and Consolidating of the same 177 5—Ordinance No. 18-40. .. An ordinance amending and changing the Zoning Map of the City of Dubuque as provided by Ordinance No. 3--34 designated "Zoning Ordinance of the City of Dubuque" so as to change to "Multiple Residence District" the area described as Lot 1 of Lot 3 of Mineral Lot 367........ 178-196 9—Ordinance No. 19-40. An ordinance granting the In- terstate Power Company of Dubuque, Iowa, its suc- cessors or assigns the right to construct and main- tain a Truss or Trusses across the alley between Sec- ond and Third Streets and Main and Iowa Streets, near the Julien Hotel, and extending from a pole on the West Side of said alley to a pole on the East Side of said Alley and prescribing the condi- tions of such permit ..... I ......... I ............... Sept. 3-011ver Mike, certified check ordered returned..............::::192-197-198 194 3—Ordinance No. 20-40. An ordinance granting to Klauer Manufacturing Company, its successors and assigns, the right to construct and maintain a loading plat- form with canopy over it on the East side of Wasp- ington Street, South of East Ninth Street, adjacent to City Lot 509; three steps on the sidewalk on the South side of East Ninth Street with canopy over same entering the building of the Klauer Manufac- turing Company and fuel oil tank under sidewalk on the South side of East Ninth Street and East of INDEX—Book 70 1940 SUBJECT Page X01 Washington Street, prescribing the conditions of such permit and declaring an emergency ............ 200-204-205-206 3—Ordinance No. 21-40. An ordinance providing for the vacation of all streets and alleys situated in "Part of Clifton, a Subdivision of Mineral Lot 133 in the City of Dubuque, Iowa," except that part thereof con- stituting Wartburg Place and the entrance to Sun- set Ridge, City of Dubuque, Iowa, and declaring an emergency......................................................................200-206-207-208 Oct. 21—Ordinance No. 22-40. An ordinance amending ordi- nance No. 1-39, being an ordinance amending ordi- nine No. 10-37, entitled "An ordinance regulating the use of vehicles upon the streets of the City of Dubuque; designating the provisions hereof as the Traffic Code"; by repealing Subdivisions C, D, F and G, Section 1; Subdivision D, E, F and G, Sec- tion 2, and all of Section 3, excepting the last para- graph thereof, of D Rule 108, paragraph 736, Section 1 of Ordinance No. 1-39 and enacting substitutes therefore and in lieu thereof .......................................... 216-222 21—Olinger Peter et al, requesting Council to reconsider their decision in the matter of tagging all cars found parked in violation of the time limit ................ 217 Dec. 2—Ordinance No. 23-40. An ordinance granting to the Telegraph -Herald, its successors and assigns, the right to construct and maintain a canopy over the entrance to the Radio Station on the Southeast cor- ner of Eighth Avenue and Bluff street, and Fuel Tank under the sidewalk on the West side of said building..... ............................................................................. 244-253-254 " 2—Ordinance No. 24-40. An ordinance amending an ordi- nance entitled "Ordinance Number 99 changing the names of Streets and Avenues within the City of Dubuque," by changing the name of West Fourteenth Street to Loras Boulevard ................................................ 245-254 " 2—Ordinance No. 25-40. An ordinance amending an ordi- nance entitled "Ordinance Number 99 changing the names of Streets and Avenues within the City of Dubuque," by changing the name of Julien Avenue and Delhi Street commencing at Auburn Street west to the City Limits to the name of University Avenue.............. ...... ............ ........................................ ...... 245-254-255 INDEX—Book 70 1940 SUBJECT Page P Jan. 2—Planning and Zoning Commission, recommending that both sides of Dodge Street from the Bryant Street intersection and both sides of Highway Twenty be- yond the intersection of Dodge and Fremont Streets westward to the City limit, and the large areas of undeveloped property contiguous thereto, be pre- served and continued as residence district and also recommending that the present "Local Business Dis- trict" at the intersection of Dodge and Bluff Streets be extended westward on Dodge Street to Bryant Street intersection on both sides of Dodge Street, with the exception of Lots 1 of 2 of M. L. 66, the Southerly 100 feet of Lot 2 of 2 of M. L. 66, and the Southerly 100 feet of Lot 1 of 2 of 1 of 1 of M. L. 67 for a distance of 328 feet West of the Westerly line of M. L. 66.................................................................. 5-6.19 " 2—Paisley Walter W., report of Council on investigation conducted as to his qualifications for the position of City Solicitor.................................................................. 7 Feb. 5—Payrolls for the month of December, 1939 ............................ 14 " 5—Paisley Walter W., requesting transfer or release and surrender of tax sale certificate held by the City of Dubuque against Lot 2 of the Sub. of Lot 23 in Grandview Heights upon the payment to the City in the sum of$40.00.............................................................. 15-23-24 " 26—Payrolls for the month of January, 1940 ........................ 24 Mar. 4—Pins Donald M. and Genevieve, granted Class "B" beer Permit.................................................................................... 45 " 20—Payrolls for the month of February, 1940 ........................ 63 April 16—Pye J. A., chairman of Flag Week Committee, extending invitation to Council to attend meeting of said com- mittee..................................................................................... 87 " 16—Planning and Zoning Commission, submitting reconn- mendation on petition of Ben. L. Baumhover ..... 88 " 16—Payrolls ...... for month of March, 1940 ........................................ 89 " 16—Planning and Zoning Commission, submitting recom- mendation on request of Wm. J. Watkins ................ 92 " 16—Planning and Zoning Commission, submitting recom- mendation on approval of plat of Joseph P. Schiltz for for "English Lane Subdivision" ................................... 93 May for the month of April, 1940 ................................... 111 June 28—Planning and Zoning Commission, submitting recom- mendation on petition of N. J. Hintgen requesting vacation of part of Fairmont Avenue between La- " fayette Street and Saunders Avenue 130 28—Playground ........................ and Recreation Commission, certifying the amount of $16,295.00 as the amount needed for the department of Playground and Recreation for the " fiscal year of April 1, 1941 to March 31, 1942............ 130-131 28—Planning and Zoning Commission, submitting recom- mendation on petition of Board of Trustees of the Carnegie -Stout Free Library, requesting vaca- tion of alley abutting the Library " 28—Planning property ................ and Zoning Commission, submitting recom- 132 mendation on petition of Henry Mueller, requesting reclassification of the property platted as Lot 1 of Lot 3 of Min. Lot 367 " 28—Planning .................................................. and Zoning Commission, submitting recom- mendation on petition of John 132 " J. Loftus, requesting approval of plat of South Grandview Park Addition 132-133 28—Payrolls for month of May, 1940 ...................................... 133 INDEX— Book 70 1940 s i' n,1 I,: C'C Page P " 28—Poquette Millard and Lucille, granted Class "B" beer permit..................................................................................... 139.140 " 28—Peed Thomas R. and Kathryn, granted Class "B" beer permit...................................................................................... 139-140 " 28—Pochter Charles and Ruth, granted Class "B" beer per- mit.......................................................................................... 139-141 " 28—Poire Al V. and Mary, granted. Class "B" beer permit.... 140-141 " 28—Petrakis Charles, granted cigarette permit .................... 141 " 28—Poquette Millard, granted cigarette permit ...................... 141 " 28—Petrakis Peter, granted cigarette permit ............................ 141 " 28—Page Hotel Co., granted cigarette permit ............................ 142 " 28—Peryon Albert G., granted cigarette permit ...................... 142 " 28—Pins Arthur, granted cigarette permit ................................ 142 " 28—Pochter Charles, granted cigarette permit ................. :...... 142 " 28—Poire Al V., granted cigarette permit ................................. 142 " 28—Pfeffer William H., granted cigarette permit ...................... 142 " 28—Potterveld Wm. T. and F. C., granted cigarette permit...... 142 July 1—Porter C. Fred, State Comptroller, approval of Resolu- tion No. 49-40, resolution and application for au- thority to levy an emergency tax of one mill............ 145 " 1—Peed John, granted Class "B" beer permit ....................... 146 " 15—Postal Telegraph- Cable Company, requesting that they be notified in case any action is to be taken In the closing of East Seventh Street and Commer- cial Street as they maintain a pole line on said streets.................................................................................... 151 " 15—Payrolls for month of June, 1940 .............................................. 155 " 15—Planning and Zoning Commission, submitting recom- mendation on approval of plat of "Conlon Court" Subdivision.......................................................................... 157-158 " 23—Planning and Zoning Commission, recommending the granting of the petition of the Dubuque Packing Company and that East Seventeenth Street be- tween Cedar and Sycamore Streets be vacated and also that the alley running parallel to and between these two streets between Sixteenth and Seven- teenth Streets be vacated .................................................. 162 " 23—Palmer Norman J. and Kathleen Dahl, granted Class „B„ beer permit.................................................................. 166 Aug. 5—Pickard Dr. and Mrs. J. C. et al, requesting the vacation of streets and alleys in Clifton Subdivision except those parts thereof constituting Fremont Avenue and the entrance of Sun Set Ridge..................172-198-206-207-208 " 9—Porter C. Fred, State Comptroller, approval of Resolu- tion No. 74-40, a resolution and application for per- manent transfer of $7,330.00 from the Emergency Fund to Grading Fund ...................................................... 189 Sept. 3—Paradiso Philip, requesting that Woodworth Street be opened from Montcrest to Seward and that said por- tion of Woodworth Street be brought to grade........ 194 " 3—Planning and Zoning Commission, submitting recom- mendation for the granting of the petition of Dr. and Mrs. J. C. Pickard, et al, requesting the vacation of streets and alleys in Clifton Subdivision .................. 198 " 3—Planning and Zoning Commission, submitting recom- mendation for the granting of the petition of Board of Dock Commissioners, requesting the vacation of streets and alleys located in River Front Improve- ment Wharf Property and also to have the Allison - Henderson Park property revert to the City for otberpurposes................................................................... 198-199 " 3—Payrolls for month of July, 1940 ............................................ 199 INDEX—Book 70 1940 SIT 13J F.('T Page P " 13—Payrolls for month of August, 1940 ...................................... 204 Oct. 7—Postal Telegraph -Cable Company, requesting that they be advised as to when action is to be taken clos- ing East Seventh Street .................................................. 211-212 " 7—Planning and Zoning Commission, submitting recom- mendation on petition of Frank M. Kelly, requesting the extension of the Local Business District on Lot 1 of 2 of 1 of 1 of Min. Lot 67 ................................ 214 " 21—Payrolls for the month of September, 1940 ....................... 217 " 29—Pickard John C. and Marjorie M., Quit Claim Deed...... 222 " 29—Peed John, transfer of address of Class "B" beer per- mit.......................................................................................... 223-224 Nov. 14—Planning and Zoning Commission, submitting recom- mendation on petition of Mrs. Martin Seippel, re- questing rezoning of Lot 11/2 of Watters Subdivision 234 " 26—Park and Playground Purposes as a Memorial to Wil- liam B. Allison and David B. Henderson, purchase of Lot 1 of Pinehurst........................................................ 236-237 Dec. 2—Porter C. Fred, State Comptroller, approval of resolu- tion and application for the transfer of $12,025.00 to the Grading Fund and also for the transfer of $14,162.50 to the Improvement Fund ............................ 240 " 2—Porter C. Fred, State Comptroller, approval of resolu- tion and application for the transfer of $20,000.00 from the Water Works General Fund to the Im- " provement Fund .............................................. 240 2—Park Commissioners, report submitted from April 1, 1939 " toApril 1, 1940 .......................................... ........................ 241 2—Page " Francis X., granted Class "B" beer permit............ 244 18—Payrolls for month of November, 1940 .................................. 255 I INDEX—Book 70 1940 SUBJECT P:i.ee Q Mar. 27—Quinn Francis P., M.D., re -appointed as a member of Civil Service Commission ........................................... 69 June 28—Quinlan Robert J. and Evelyn, granted Class "B" beer permit...................................................................................... 139-141 28—Quinlan Robert J. and Evelyn, granted cigarette permit 142 Oct. 21—Quit Claim Deed from the Dunleith and Dubuque Bridge Company, conveying part of Lots 1, 2, 3, 4 and 5 in Block 11 in Dubuque Harbor Improvement Com- pany's Addition.................................................................. 217 " 29—Quit Claim Deed of Ethel and Austin Grotkin, John C. and Marjorie M. Pickard, Dudley S. and Sara J. Thomas to City of Dubuque .......................................... 222 INDEX—Book 70 1990 SUBJECT Page R Jan. 2—Receipts for month of November, 1939, proof of publica- tion.......................................................................................... " 8—Rawson Walter d., submitting his resignation as a mem- ber of Civil Service Commission ...................................... lQ Feb. 5—Registration Clerks appointed to assist in the registra- tion of voters at the Central Registration Office........ i6 " 5—Registration Clerks appointed for each precinct who shall have charge of the election register .................. 16-17 " 26—Receipts for month of December, 1939, proof of publica- tion.......................................................................................... 24 Mar. 4—Rowe Mrs. Wm., notice of claim .............................................. 29-74 " 20—Ricketts Anna, requesting suspension of 1939 taxes.... 62-81 " 20—Receipts for month of January, 1940, proof of publi- cation...................................................................................... 62 April 1—Rhomberg A. A., City Manager, bond of ........................... 79 " 16—Roepsch Joseph J., requesting that the City authorize the payment of X -Ray bill of St. Joseph Mercy Hospital as said X -Ray was ordered taken by the Cityof Dubuque................................................................ 87 " 16—Receipts for month of February, 1940, proof of publica- tion.......................................................................................... 89 May 6—Roepsch George J., suspension of 1939 taxes ........................ 99-113 " 6—Receipts for month of March, 1940, proof of publication 100 " 6—Realty Improvement Company, purchase of Lots 2, 3, 4, 5 and 6 of Mills West Dubuque .................................. 102 " 6—Robothem Ruth, settlement of claim and suit .................. 105 " 6—Reis Frank and Kathryn, granted Class "B" beer per- 13—Rotman mit........................................................................ Louis, requesting permission to install a loading 105-106 Platform in the rear of his property in the alley between Main and Iowa Streets and between Third " 13—Rounds and Fourth Streets ..........................................................109 -126-135 Mr., representing the Junior Chamber of Com- merce, requesting that Council order prepared and " submitted for adoption a bicycle ordinance 109 13—Randall's ................ Sub. Lot 3, City Manager authorized to ac- quire same for juvenile playground purposes............ 112-116 June 3—Richard Andrew J. et al, requesting that Davenport Street between Stoltz Street and National Street and National Street between Davenport Street and 3—Receipts Muscatine Street be brought to poper grade........ for month of April, 1940, 122-156 3—Rellihan proof of publication.... F. J., excavation bond 122 " 28—Reuter .............................................. Frank and Clara, granted Class "B" beer per- 122 28—Rawson mit............... ......................... H. A. and Grace, granted Class "B" beer 139-140 per- mit......................................................... " 28—Roshek " Bros. Co., granted cigarette permit 139-140 141 28—Rawson " 28—Ragatz .......................... H. A., granted cigarette permit ....I............ Geo. Jr., •••.••••.••. 142 „ 28—Reugnitz " granted cigarette permit ......................... B. A., granted cigarette permit 142 28—Ries " ........................... Frank, granted cigarette permit 142 28—Recker Ju11 ly 15—Receipts .................................. Mrs. Elsie, granted cigarette permit ................... for month of May, 1940, 142 142 23—Rossiter proof of publication.... Paul, Building Commissioner, 152 Aug. 5—Receipts " bond of ................ for month of June, 1940, proof of publication.... 167 174 5—Recreation Department, reports for months of June and July, 1940 ................ " 5—Revising, Amending and Consolidating the Ordinances " of the City of Dubuque.......... 5—Rettenmaier I .................... . . John J. and Marie, granted Class "B" beer 177 permit.................................................................................... 177.178 F] INDEX—Book 70 1940 SUBJECT Page R 5—Retail Merchants Bureau, requesting a change in park- ing regulations on the four streets bordering Wash- ington Park ............................................. ............... 181-190-194-216-233 Sept. 6—Recker Mrs. Elsie, requesting refund on cigarette license 203 13—Ryder Mrs. Lena, requesting cancellation of taxes ....... 204-213 " 13—Receipts for month of July, 1940, proof of publication.... 204 Oct. 7—Reis Frank, requesting a refund on his cigarette permit 212 " 7—Republican County Central Committee, requesting per- mission to erect a banner across Main Street at 1071 Main Street 212 " 7—Ryan Paul V. and Roy F. Sprengelmeyer, requesting that A their petition in the matter of their application for ;i Right-of-Way to their properties be referred to the City Solicitor for an opinion.................................... ....213-218-219 7—Receipts for month of August, 1940, proof of publica- tion.......................................................................................... 213 " 21—Republican County Central Committee, requesting per- mission to erect a banner across Main at Seventh Street for Judge W. A. McCullough, candidate for Congress.............................................................................. 216 Nov. 4—Reis Frank and Kathryn, transfer of address of Class q"B" beer permit................................................................ 227 " 14—Retail Merchants Bureau, requesting permission for the holding of a Christmas Parade on Saturday, Nov. 30, 1940, and also requesting permission to erect Christmas street lighting decorations and that the City assume the cost of current for the street light- ing decorations.................................................................... 233-246 " 14—Receipts for month of September, 1940, proof of publica- tion........................................................................................ 234 Dec. 2—Receipts for month of October, 1940, proof of publication 241 " 2—Report of Park Commissioners from April 1, 1939 to April 1, 1940 ..................... ...... 241 " 2—Riniker Frank, approval of sale of Lot 4 of the Sub- 4 division of Lots 131 and 132 of Union Addition by DubuqueCounty.................................................................. 243 " 18—Rettenmaier Frank X. and Rose Mueller, grant and ease- ment........................................................................................ 250-251 18—Reis Frank, granted cigarette permit................................. 255 s :F INDEX—Book 70 1940 SUBJECT Page S Jan. 2—Salina Street from Railroad Street to Dodge Street, gradeestablished................................................................ 3 " 2—Spielman J. L. and Susan, granted Class "B" beer per- " 8—Smith mit........................................................................................ Thos. S., Secretary Stage Employees and Mov- 5 ing Picture Machine Operators, requesting Coun- cil to prevent the Interstate Power Company in changing their bus schedules .......................................... 10 " 8—Strohmeyer A. J., Ass't. Supt. of Fire Alarm, requesting that his name be placed on the rolls of the Fire Department for pension purposes ................................ 11-123 Feb. 5—Schmitz Anthony, notice of claim ........................................ 13 " 5—Sprague Jackson M., notice of claim .................................. 13 " 5—Schnee Mildred Sheehan, requesting a refund on Class "B" beer permit of Mrs. Agnes L. Sheehan ................ 14 " 5—Schetgen Clarence, administrator of Estate of Joseph Sche-gen, notice of suit referred to City Manager.... 17 " 5—Staufenbeil August R. Estate, et al, notice of suit re- ferred to City Manager .................................................. 17 " 5—Spahn Arthur J., transfer of address of Class "B" per- mit.......................................................................................... 20 " 5—Schaetzle John, appointed as a member of Civil Service Commission.......................................................................... 21 Man 4—Sprague Jackson M., original notice of suit ...................... 29-46 " 4—Stapleton A. J., claim for repair to his sewer connection at 864 South Grandview Avenue .................................... 31 " 20—Seubert and Fesler, excavation bond .................................. 63 " 20—Sieg and Kenniker, granted cigarette permit ................ 66 April 1—Shea J. J., City Clerk, bond of .............................................. 79 " 1—Schiltz Joseph P., asking Council approval of the plat of "English Lane Subdivision"..........................................79-93-102-111 " 1—Sand Mike, requesting that Twenty-fifth Street be re- paired and that the street and gutters be raised........ 86 " 16—Stampfer Thomas M., objecting to the re -zoning of the Fremont Avenue and Dodge Street residential dis- trict................................... ................. .......... 88 " 16—Spahn Arthur J., transfer of address of Class "B" beer permit............................... .. 93 May 6—Shiloh Circle No. 37, Ladies of the Grand Army of the Republic, requesting permission for the holding of atag day.............................................................................. 97 " 6—Shelby Street, profile showing the proposed grade of said street from the north property line of Seminary Street to the end of said street ................ 99-107 " 6—Spahn .._.......... Arthur J., granted Class "B" beer permit .............. 105-106 " 6—Schwietering Jacob, granted Class "C" beer permit........ 106 " 6—Sullivan Jos. J., granted Class "C" beer permit............ 106 " 6—Savary Chas. H., granted Class "C" beer permit .............. 106 " 6—Safety Plaque, City Solicitor instructed to prepare a resolution of acceptance .................................................. 107-111 " 6—Septic tanks to be installed for all new buildings where City water is available but no sanitary sewer is installed and that out -houses be permitted on a tem- porary basis only in such cases where no water or sewer facilities are to be had .................................... 108 June 3—St. Joseph Mercy Hospital requesting fire protection for both St. Joseph Sanitarium and Mt. Saint Agnes.... 121 " 3—Spielman Frank and Geraldine, transfer of address of Class "B" beer permit ...................................................... 126 " 28—St. .. John the Baptist Church, Peosta, Iowa, requesting permission to stretch a banner across Main Street 129 INDEX --Book 70 1940 SUBJECT Page " 28—Stegar Arnold, requesting the vacation of that part of Fairmont Avenue which runs between Levi Terrace and Saunders Avenue ...................................... ................ 130-160-165 " 28—Schroeder Mary G., approval of sale of Lots 16 and 17 in the Subdivision of West Y2 of Block 1 in Dubuque Harbor Company by Dubuque County .......................... 138-139 " 28—Stemm John and Alberta, granted Class "B" beer per- mit.......................................................................................... 139-140 " 28—Stoltz Raymond J. and George J. Zillig, granted Class "B" beer permit................................................................ 139.140 " 28—Schiltz Andrew and Lewis J., granted Class "B" beer permit.................................................................................... 139-140 " 28—Sand Mike and Marie, granted Class "B" beer permit.... 139-140 " 28—Steffen Nicholas and Beatrice, granted Class "B" beer permit.................................................................................... 139-140 " 28—Scherer George J. and Emma, granted Class "B" beer permit.................................................................................... 139-140 " 28—Savary William and Viola, granted Class "B" beer permit 139-141 " 28—Spielman, Harvey L., granted Class "B" beer permit........ 139-141 " 28—Stieber John A. and Elsie, granted Class "B" beer per- mit.......................................................................................... 139-141 " 28—Sand Frank and Elsie, granted Class "B" beer permit.... 140-141 " 28—Snyder Charles T. and Elsie, granted Class "B" beer per- mit.......................................................................................... 140-141 " 28—Schnee Michael B. and Sophie, granted Class "B" beer permit.................................................................................... 140-141 " 28—Stoltz Raymond J., George J. Zillig, granted cigarette permit.................................................................................... 141 " 28—Stemm John, granted cigarette permit .............................. 142 " 28—Sand Mike, granted cigarette permit ................................. 142 " 28—Sullivan Thos. P., granted cigarette permit ...................... 142 " 28—Steffen Nicholas, granted cigarette permit ........................ 142 " 28—Stavros George, granted cigarette permit ............................ 142 " 28—Schuster Leonard, granted cigarette permit ................. 142 " 28—Stampfer J. F. Co., granted cigarette permit .................... 142 " 28—Scherer George J., granted cigarette permit ........................ 142 " 28—Schneider Joseph, granted cigarette permit ...................... 142 " 28—Schaetzle John, granted cigarette permit .......................... 142 " 28—Siege Joseph J. Jr., and Ferdinand W. Kenniker, granted cigarettepermit.................................................................. 142 " 28—Snyder Charles T., granted cigarette permit ...................... 142 " 28—Spielman J. L., granted cigarette permit ............................ 142 July 1—Schwaegler Roy et al, requesting the installation of a street light at the intersection of Algona Street and West Third Street.......................................................... 145-156 " 1—St. Mary's Orphan Home, requesting fire protection for their property located outside the limits of the City ofDubuque........................................................................... 146 " 1—Sisters of the Good Shepherd, requesting fire protection for their property located outside the limits of the Cityof Dubuque.................................................................... 146 " 15—Sanitary sewer to be constructed in Concord Street, Coates Street and in Fremont Avenue, .... .......... ..... .............. . 159-160-170-171-190-191-194-203-204-242-243 Aug. 5—Steichen Nicholas, objecting to the passage of Ordi- nance No. 1.3-40 providing for the vacation of East Seventeenth Street from Cedar Street to Sycamore Street and the alley between Cedar and Sycamore Streets, also to the passage of Ordinance No. 15-40 providing for the construction of a railway upon Cedar Street and erection of loading platforms by the Dubuque Packing Company ...... .... ... .._ ... ... 169-181 INDEX—Book 70 1940 SUBJECT Page S " 5—Saint Patrick's Rectory, Epworth, Iowa, requesting per- mission to erect a banner across Main Street............ 171 Sept. 3—Schiltz J. H., re -appointed as a member of Board of Zon- ing Adjustment, term expiring March 5, 1945........ 199 " 3—Spielman Frank and Geraldine, granted Class "B" beer permit.................................................................................... 201-202 " 13—Senior High School, requesting permission to stretch a banner across Main Street .............................................. 204 " 13—Spielman Frank, granted cigarette permit ........................ 208 " 13—Shea J. J., City Clerk, appointed Acting Manager dur- ing the absence of City Manager Rhomberg from theCity.................................................................................. 209 Oct. 7—Spiegelhalter Mrs. H., notice of claim ................................ 211-218 " 7—Strub Jos., Chief of Police, thanking Council for the favor extended in authorizing him to attend the conven- tion of the Iowa Association of Police Chiefs............ 212 " 7—Schuster L., requesting a refund on his cigarette permit 212 " 21—Seippel Mrs. Martin, requesting the rezoning of Lot 11/2 in Watters Subdivision.................................................... 217-234 Dec. 18—Schiltz Anna C., grant and easement .................................... 249 " 18—Smith J. P. Shoe Company, City Manager Rhomberg in- structed to send an appropriate letter congratulating them for locating their industry in the City ................ 257 INDEX—Book 70 1940 S V KJ I,:CT Page T Jan. 8—Truck Drivers Union, Coal and Ice Division, requesting appointment of John Schaetzle as a member of Po- lice and Fire Commission ............................................... 10 " 8—Truck Drivers Union, Dairy Division, requesting ap- pointment of John Schaetzle as a member of Police and Fire Commission........................................................ 11 " 8—Truck Drivers Union, General Drivers Division, request- ing appointment of John Schaetzle as a member of Police and Fire Commission ............................................ 11 " 8—Trimpler W. F., transfer of address of his Class "B" beerpermit.......................................................................... 11-20 Mar. 4—Tri-State Electric Construction Co. et al, submitting addition to the Electrical Ordinance for Council consideration....................................................................... 29 " 4—Trimpler W. F. and Ruth, granted Class "B" beer per- mit.......................................................................................... 45 April 1—Thompson Councilman, elected Mayor for the ensuing year....................................................................................... 77 " 1—Telegraph-Herald appointed official newspaper .................. 78 " 1—The Maccabees, requesting permission to use City lots west of the Athletic Field for the holding of a car- nival........................................................................................ 79-102 " 1—Telegraph-Herald requesting the privilege of printing and binding the monthly Council Proceedings............ 80 " 16—Theiring Mrs. Caroline, notice of claim .............................. 86-104-119 May 6—The Daily Tribune, requesting that they be allowed the printing of the Council pamphlets .................................. 99 " 6—Thompson F. W., granted Class "C" beer permit ................ 106 June 28—Thomas Marjorie J., et al, requesting the construction of a sanitary sewer running generally on Coates Street near Fremont Avenue to the corner of Concord Street, thence on Concord Street one block to Mar- ion Street to connect with a wet well of an exist- ingsewer................................................................... ..... 129 " 28—The Page Hotel Co., granted Class "B" beer permit.... 139-140 " 28—The American Legion, granted Class "B' club permit.... 140-141 " 28—The Dubuque Club, granted Class "B" club permit........ 140-141 " 28—The Service Club, granted Class "B" club permit............ 140-141 " 28—The American Legion, granted cigarette permit............ 141 " 28—The Dubuque Club, granted cigarette permit .................. 142 " 28—The Service Club, granted cigarette permit ...................... 142 " 28—Thompson F. W., granted cigarette permit ........................ 142 " 28—Trapp Arthur J., granted cigarette permit ....................... 142 " 28—The Great Atlantic and Pacific Tea Co., granted cigarette permit................................................................................... 142 " 28—The Interstate Co., granted cigarette permit .................... 142 " 28—Triangle Cafe, granted cigarette permit ............................ 142 Aug. 5—Thul Della C., cancellation of 1939 taxes .......................... 172-190 " 5—Tharpe William, granted Class "B" beer permit............ 177-178 " 9—Tax levies for the year 1940 ................................................. 188 " 9—Trimpler W. F. and Ruth, transfer of address of Class „B„ beer permit................................................................. 191.192 Sept. 3—The International City Managers' Association, extend- ing invitation to attend the annual conference of the Association to be held in Colorado Springs on September 23rd to 26th inclusive ................................... 195 " 3—The Volunteers of America, requesting permission for the holding of their Heart Tag Sale on September 7th, 1940 ............................... _ _ _ .................. 195 " 3—Tschirgi Edward M., accountant. water Department, bond......................................... _ I ..... 199 INDEX—Book 70 1940 SUBJECT Page T " 3—Tenenbom Super -Market, Inc., granted Class "C" beer permit.................................................................................... 201-202 -Oct. 21—Tschiggfrie Floyd, approval of sale of Lot 2 of 11 of City Lot 703 by Dubuque County .................................. 221 " 29—Thomas Dudley S. and Sara J., quit claim deed ................ 222 Nov. 14—Telegraph-Herald, requesting permission to erect a can- opy over the sidewalk at the southeast corner of Eighth Avenue and Bluff Street and also requesting permission to install a 1000 gallon oil tank under the sidewalk on the Bluff Street side of their new building..........................................................................233-244-253-254 Dec. 18—Toepel Wm. V., et al, grant and easement .......................... 247-248 INDEX—Book 70 1940 SUBJECT Page U June 3—Uppinghouse A. R. and Philomenia, granted Class "B" beerpermit.......................................................................... 126 " 28—University of Dubuque et al, requesting the construc- tion of a sanitary sewer on the westerly side of Fremont Avenue from Coates Street to Simpson Street...................................................................................... 129 " 28—United Cigar -Whelan Stores Corporation, granted cigar- ettepermit............................................................................ 142 " 28—Uppinghouse A. R., granted cigarette permit .................... 142 INDEX—Book 70 1940 SUBJECT 1%1g(, V Mar. 6—Veterans of Foreign Wars, Ladies' Auxiliary, request - D Ing permission for holding of Poppy Day Sale.......... 30 " 6—Vogelsberg A. J., requesting a refund on duplicate rest- aurant license...................................................................... 98 June 28—Veterans of Foreign Wars, Inc., application for Class "B" beer permit............................................................139-143-146-147 " 28—Vogelsberg Albert J., granted Class "B" beer permit.... 139-141 " 28—Van der Meulen Wm. F. and Sophie M. McMann, grant- ed Class "B" beer permit .................................................. 139-141 " 28—Van Duelman Carl A., granted cigarette permit .............. 142 " 28—Van der Meulen Wm. F. and Sophie M. McMann, grant- ed cigarette permit......................................................... 142 July 23—Vonah M. A. et al, requesting the City Council to favor the request of the Dubuque Fire Department for a 72 -hour work week............................................................ 164 Oct. 21—Varner C. W., submitting offer to purchase Lots 3, 4, b, 6 and 7 in Industrial Subdivision No. 2 ........................ 216-227 Dec. 18—Voelker Realty Co., grant and easement ............................ 248 D INDEX --Book 70 1940 S I'BJECT I'age \1I Feb. 5—Wunder Al, requesting Council to assist him in dispos- ing of his property at West Third Street near Col- lege Street or else the City purchase the same, as he is unable to dispose of the same on account of the erection of the water reservoir .............................. 14-29-103 " 26—Wells M. J., requesting cancellation of interest and pen- alties and charge a straight 5%,,, interest on delin- quent items on Lot 5 in Pinehurst Subdivision............ 24-63 Mar. 4—Weimer John H., application for reappointment on the Boardof Review................................................................ 29 " 4—Wright Roy A. and Esther, granted Class "B" beer per- mit.......................................................................................... 45 " 20—Wohlert Mrs. Ida, requesting the waiving of penalties and interest charges in excess of 5%,, per annum in the redemption of special assessments on Lot 3 of Jansen's Sub. No. 3 .................................................... 62-73 April 1—Watkins Wm. J., requesting a permit to complete the sign which is being erected on the Kircher property on the new Highway No. 20 .......................................... 79-92 " 1—Walsh Joseph and Helen, granted Class "B" beer per- mit......................................................................................... 81 May 6—Wernimont Gus et al, requesting the paving of the alley first South of Dodge Street from South Booth Street to South Grandview Avenue ........................................... 99 " 6—Warren Dell and Ralph, granted Class "B" beer permit 105-106 " 13—Wagner Mrs. Emma, notice of claim..................................108-195-213 June 3—Wilson Geo. A., Governor of State of Iowa, advising that the Traffic Safety Commission has recommended that special attention be given to the traffic laws of Iowa during the month of June, 1940 ................. 120 " 3—Wunder Raymond and Eileen, granted Class "B" beer permit................................................................................... 126 " 28—Weber Frank J. and Tillie, granted Class "B" beer per- mit.......................................................................................... 139-140 " 28—Wallig William Carl, granted Class "B" beer permit.... 139-140 " 28—Weber Mrs. Cecelia and Nick, granted Class "B" beer permit.................................................................................... 139-140 " 28—Wodrich William E. and Anna, granted Class "B" beer permit.................................................................................... 139-141 " 28—Wright Louis A. and Augusta, granted Class "B" beer permit.................................................................................... 139-141 " 28—Wathier Nick and Marie A., granted Class "B" beer permit.............................................................................. 140-141 " 28—Walgreen Co., granted cigarette permit......... ._. ... _. _. 141 " 28—Weiner Joseph J., granted cigarette permit.._ .... .__..... 141 " 28—Weber Mrs. Cecelia, granted cigarette permit.__. _........ 142 " 28—Weber Frank J., granted cigarette permit......... _._ _... .... 142 " 28—Wodrich Wm. E., granted cigarette permit......... .._..... 142 " 28—Wille Mrs. F. X., granted cigarette permit.......... _.... 142 " 28—Warren Dell and Ralph, granted cigarette permit _ ... 142 " 28—Wright Roy A., granted cigarette permit _ _ 142 142 28—Wagner July 23—Wunder William, granted cigarette permit _ Raymond and Eileen, granted cigarett(, I-1.111it 166 Aug. 5—Wright John L. and A. B. Cramer, requesting Council to investigate the condition of the alley in the 1900 block on Asbury Street .......... ... __ _ _ _ ... 171 " 5—Weiner, Joseph J. and Evelyn, granted Class "B" beer permit_ _ __ .. _.... .............................................. . 177-178 " 9—Wright Roy A. and Esther, transfer of address of Class "B„ beer permit ................ ..... ......... ........._ 191 Sept. 3—Weimerskirch Margaret, notice of claim_ __ 195 INDEX—Book 70 1940 SUBJECT Page 11 " 3—Wilbricht A. E., requesting the construction of a side- walk in front of house number 731 Lowell Street.... 195 " 3—Weitz Alois O. and Nellie M., granted Class "B" beer permit.................................................................................... 201-202 " 13—Wright Roy A. and Esther M., transfer of address of Class "B" beer permit ...................................................... 208 00. 7—Wallis John Rider, Chairman of Parade Committee of the Community Chest, requesting permission for the holding of a street parade on October 12, 1940........ 212 " 29—Walz Clarence E. and Maletta P., requesting cancellation of the unpaid special assessment against Lot 6 in Pinehurst.............................................................................. 223 Nov. 4—Walz Clarence E. and Melitta S., submitting an offer in the amount of $5.00 for cancellation of special as- sessment against Lot 6 in Pinehurst ............................ 225 " 14—Woodnorth Paul T. and Helen, Warranty Deed convey- ing to the City of Dubuque for street purposes Lot 2 of Lot 2 of Min. Lot 42 and Lot 2 of Lot 1 of Lot 4 of Min. Lot 42............................................................ I..... 233 " 26—Water Works General Fund, resolution and application for authority to transfer the sum of $20,000.00 from said fund to the Improvement Fund ..........................235-236-240 Dec. 18—Wunder Al, requesting suspension of the 1939 taxes on various pieces of real estate .......................................... 247 " 18—Wiegand Cora K., requesting suspension of 1939 taxes.... 247-256 " 18—Waldorf Mrs. G., requesting suspension of 1939 taxes.... 247-256 INDEX—Book 70 1940 SUBJECT page Dec. 2—Yellow Cab Company, taxi -cab policy.... .. _.................... 242 INDEX—Book 70 1940 SUBJECT Page Z Jan. 2—Zillig Mrs. Emma, granted Class "B" beer permit.......... 5 " 2—Zoning Map, amended and changed as the same applies to both sides of Dodge Street ........................................ 19-22-26-30 Feb. 26—Zumhof Insurance Agency, requesting cancellation of the Excavation Bond of Nesler & Buechel .................. 23 Mar. 27—Zumhof Insurance Agency, Power of Attorney ................ 69 11 27—Zehentner Robert D., granted cigarette permit .............. 72 April 1—Zehentner Joseph M. and Robert D., granted Class "B" beerpermit.......................................................................... 81 June 28—Zillig Mrs. Emma, granted cigarette permit .................... 142 " 28—Zelens Bert, granted cigarette permit .................................. 142 " 28—Zehentner Robert D., granted cigarette permit............ 142 July 15—Zumhof Insurance Agency, requesting cancellation of the cigarette bond of Payson Berg ................................ 152 Aug. 5—Zumhof Insurance Agency, requesting release of the beer bond of Payson Berg .................................................. 171 Dec. 18—Zmudka Rose, grant and easement ........................................ 252-253 ZZ Regular Session, January 1st, 1940. City Council (Official) Regular Session, January 1st, 1940. No members of the Council being present on roll call the meeting was postponed subject to call. J. J. SHEA, City Clerk. :\pproeedA'- -'-Y-'*a-V--1940. Adopted Council Attest: -_- -tr ---- City Clerk. E�' 1 Adjourned Regular Session, January 2nd, 1940. City Councl, i (Official) Adjourned Regular Session, January 2nd, 1940. Council met at 8:20 P. M Present—Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton, City Manager Rhomberg. Mayor Murphy stated that this meeting is an adjourned meeting of the regular meeting of January 1st, 1940, for the purpose of acting upon such business as may properly come before a regular meeting of the City Council. Councilman Clark moved that J. J. Hail be appointed Clerk Pro Tem of the meeting due to the absence of City Clerk J. J. Shea. Seconded by Coun- cilman Thompson. Carried by the fol- lowing vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton, Nays—None. Proof of publication, certified to by the publishers, of a statement of re- ceipts and also a list of claims for which warrants were drawn during the month of November, 1939, presented and read. Councilman Clark moved that the proof of publication be re- ceived and filed. Seconded by Coun- cilman Van Duelman. Carried by the following vote: Yeas—Mayor Mur- phy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Ordinance No. 35-39. An ordinance amending and changing the zoning map of the City of Dubuque, as provided for by Ordinance No. 3-34, designated, "Zoning Ordinance of the City of Du- buque," so as to change to "Two -Fam- ily Residence District," certain defined property now delimited as "Single - Family Residence District," and de- claring an emergency, said ordinance having been passed upon first and sec- ond readings on December 19th, 1939, presented and read a third time. ORDINANCE NO. 35-39. An Ordinance amending and chang- ing the zoning map of the City of Du- buque, as provided for by Ordinance No. 3-34, designated "Zoning Ordin- ance of the City of Dubuque," so as to change to 'Two -Family Residence Dis- trict," certain defined property now de- limited as 'Single -Family Residence District," and declaring an emergency. WHEREAS, Joseph P. Simones, et al, residing in the Citv of Dubuque, Iowa, desire to amend the Zoning Map of the City of Dubuque as provided by Ordinance No. 3-34 designated as, "Zoning Ordinance of the City of Du- buque, so as to change to "Two -Fancily Residence District," the following: "From a point on the northerly property line of Kirkwood Street 100 feet Easterly from the Easterly property line of Alta Vista Street; thence parallel to Alta Vista Strect to the center line of the alley he- tween Kirkwood and Bellevue Streets; thence Easterly along the center line of said alley to the cen- ter line of Blake Street: thence Northerly along the center line of Blake Street to the center line of Bellevue Street; thence Easterly along the center line of Bellevue Street to the Easterly line of Elizabeth Place extended; thence Southerly to the center line of Elizabeth Place; thence Westerly along the center line of Elizabeth Place to the Westerly property line of Cox Street; thence Wester- ly on a line 100 feet Southerly and parallel to the Southerly property line of Kirkwood Street to a point 100 feet Easterly from the Easterly property line of Alta Vista Street; thence Northerly on a line parallel to and 100 feet from the Easterly property line of Alta Vista Street to the point of beginning," and now being delimited as "Single - Family Residence District," and, WHEREAS, it is deemed advisable by this Council to amend the Zoning Map of the City of Dubuque as pro- vided by Ordinance No. 3-34 desig- nated as "Zoning Ordinance of the City of Dubuque," so as to change to "Two - Family Residence District" certain de- fined territory now delimited as "Sin- gle -Family Residence District," and WHEREAS, notice of such proposed change has been published as provided by law and an opportunity has been af- forded to all interested parties to ob- ject thereto at a public meeting held on the 19th day of December, 1939. WHEREAS, no objections have been filed to the proposed changes: NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCII, OF THE CITY OF DUBUQUE: Paragraph 846—Section 1. That the "Zoning Map be, and the same is hereby amended and changed as follows: "By changing from "Single -Family Residence District" to "Two -Family Residence District" the following: ourned Regular Session, January 2nd, 1940. "From a point on the Northerly property line of Kirkwood Street 100 feet Easterly from the Easter- ly property line of Alta Vista Street; thence parallel to Alta Vis- ta Street to the center line of the alley between Kirkwood and Belle- vue Streets: thence Easterly along the center line of said alley to the center line of Blake Street; thence Northerly along the center line of Blake Stret to the center line of Bellevue Street; thence Easterly along the center line of Bellevue Street to the Easterly line of Eliz- abeth Place extended; thence Southerly to the center line of Elizabeth Place; thence Westerly along the center line of Elizabeth Place to the Westerly property line of Cox Street; thence Westerly on a line 100 feet Southerly and par- allel to the Southerly property line of Kirkwood Street to a point 100 feet Easterly from the Easterly property line of Alta Vista Street; thence Northerly on a line parallel to and 100 feet from the Easterly property line of Alta Vista Street to the point of beginning." Paragraph 847—Section 2. That the cost of publication of this ordinance enacted for the benefit of Joseph P. Simones, et at, of Dubuque, Iowa, shall be borne by said Joseph P. Simones, et at, of Dubuque, Iowa. Paragraph 848—Section 3. This ordinance being deemed urgent and of immediate necessity shall be in force and effect from and after its final passage, adoption and approval by the City Council, and publication as provid- ed by law. Passed upon first and second read- ings this 19th day of December, 1939. Passed, adopted and approved this 2nd day of January, 1940. GRO. R. MURPHY, FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the ordinance. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Mur- phy, Councilmen Clark, Thompson Van Duelman, Wharton. Nays—None Ordinance No. 36-39. An Ordinance establishing a grade on Salina Stree, from Railroad Street to Dodge Street said ordinance having been passed up on first and second readings on De cember 19th, 1939, presented and reac a third time. ORDINANCE NO. 36-39. AN ORDINANCE establishing a grade on Salina Street from Railroad Street to Dodge Street. BE IT ORDAINED by the City Council of the City of Dubuque: PARAGRAPH 849, SECTION 1. That a grade on Salina Street from the orth property line of Railroad Street to the South property line of Dodge Street be, and the same is hereby estab- lished and adopted as shown by the profile of said street and grade pre- pared by the City Engineer, being Pro- file No. 1294, B. M., on the Southeast corner of the concrete loading platform of the Maizewood Insulation Company, elevation 608.143 (1929 Adjustment of U. S. C. & G. Survey datum). Said grade begins at the North property line of Railroad Street, which is Station 0, East curb .elevation 604.84, West curb elevation 604.93; thence to Station 2 plus 80, East and West curb elevations 606.30; thence to Station 3 plus 40, South property line of Camp Street, East and West curb elevations 606.00; thence to Station 4 plus 4, North property line of Camp Street, East and West curb ele- vations, 606.00; thence to Station 5 plus 4, East and West curb elevations, 606.50; thence to Station 6 plus 4, East and West curb elevations, 606.00; thence to Station 7 plus 4, East and West curb elevations, 606.50; thence to Station 8 plus 4, South property line of Charter Street, East and West curb elevations, 606.00; thence to Station 8 plus 68, North property line of Char- ter Street, East and West curb eleva- tions, 606.00; thence to Station 10 plus 26, East and West curb elevations, 606.79; thence to Station 11 plus 84, East and West curb elevations, 606.00; thence to Station 13 plus 42, East and West curb elevations, 606.79; thence to Station 15 plus 75, South property line of Dodge Street on East curb line of Salina Street, East curb elevation, 605.50; thence to Station 15 plus 99, South property line of Dodge Street on West curb line of Salina Street, West curb elevation, 605.50. PARAGRAPH 850, SECTION 2. This ordinace shall be in force and effect ten (10) days from and after its final passage and adoption by the City Council and publication as provided by law. Passed upon first and second readings December 19th, 1939. Passed, adopted and approved Janu- ary 2nd, 1940. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA. City Clerk. 4 Adjourned Regular Session, January 2nd, 1940. Published officially in The Telegraph - Herald newspaper this 10th clay of Jan- uary, 1940. J. J. SHEA, 1-10-1t City Clerk. Councilman Van Duelman moved the adoption of the ordinance. Sec- onded by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Councilman Clark, Thompson, Van Duelman, Wharton. Nays—None. Ordinance No. 37-39. An Ordinance establishing a grade on Camp Street from Main Street to Salina Street, said ordinance having been passed upon first and second readings on December 19th, 1939, presented and read a third time. ORDINANCE NO. 37-39. AN ORDINANCE establishing a grade on Camp Street from Main Street to Salina Street. BE IT ORDAINED by the City Council of the City of Dubuque: Paragraph 851, Section 1. That a grade on Camp Street from the West property line of Main Street to the West property line of Salina Street be, and the same is hereby es- tablished and adopted as shown by the profile of said street and grade prepared by the City Engineer, being Profile No. 1295. B. M. on the South East corner of the concrete loading platform of the Maizewood Insulation Company, eleva- tion 608.143 (1929 adjustment of U. S. C. & G. Survey datum). Said grade begins at the West property line of Main Street, which is Station 0, North and South curb elevations, 606.30; thence to Station 1 plus 0, East line of alley, North and South curb elevations, 606.80; thence to Station 1 plus 20, West line of alley, North and South curb elevations, 606.80; thence to Sta- tion 2 plus 20, East property line of Sa- lina Street, North and South curb ele- vations, 606.00; thence to Station 2 plus 84, West property line of Salina Street, North and South curb elevations, 606.00. Paragraph 852, Section 2. This Ordinance shall be in force and effect ten (10) days from and after its final passage and adoption by the City Council and publication as provided by law. Passed upon first and second readings December 19th, 1939. Passed, adopted and approved Janu- ary 2nd, 1940. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Published officially in the Telegraph - Herald newspaper this 10th day of January, 1940. J. J. SHEA, 1-10-1t City Clerk. Councilman Van Duelman moved the adoption of the ordinance. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Mur- phy, Councilmen Clark, Thompson,Van I)uelman, Wharton. Nays—None. Ordinance No. 38-39. An Ordinance establishing a grade on Charter Street from Main Street to Salina Street, said ordinance having been passed upon first and second readings on December 19th, 1939, presented and read a third time. ORDINANCE NO. 38-39. AN ORDINANCE establishing a grade on Charter Street from Main Street to Salina Street. BE IT ORDAINED by the City Council of the City of Dubuque: Paragraph 853, Section 1. That a grade on Charter Street from the West property line of Main Street to the East property line of Salina Street be, and the same is hereby es- tablished and adopted as shown by the profile of said street and grade prepared by the City Engineer, being Profile No. 1296. B. M. on the South East corner of the concrete loading platform of the Maizewood Insulation Company, eleva- tion 608.143 (1929 adjustment of the U. S. C. and G. Survey datum). Said grade begins at the West property line of Main Street, which is Station 0, North curb elevation 606.08, South curl) elevation 606.76; thence to Station l plus 0, East line of alley, North and South curb elevations, 606.50; thence to Station 1 plus 20, West line of alley, North and South curb line elevation, 606.50; thence to Station 2 plus 20, East property line of Salina Street, North and South curb elevations, 606.00. Paragraph 854, Section 2. This Ordinance shall be in force and effect ten (10) days from and after its final passage and adoption by the City Council and publication as provided by law. Passed upon first and second readings December 19th, 1939. Passed ,adopted and approved Janu- ary 2nd, 1940. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. 3 r T �'' •t •;+M1 A Adjourned Regular Session, January 2nd, 1940. 5 Published officially in the Telegraph - Herald newspaper this 10th day of Jan- uary,1940. J. J. SHEA. 1-10-1t City Clerk. Councilman Van Duelman moved the adoption of the ordinance. Seconded by Councilman Clark. Carried by the fol- lowing vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None.. Petition of Vern Okey requesting that his Class "B" beer bond number 4216488 dated Dec. 8, 1937, and re- newed under renewal certificate num- ber 14110, Fidelity and Deposit Com- pany, be released to William Zumhof, Agent for the Fidelity and Deposit Company of Maryland, presented and read. Councilman Van Duelman moved that the request be granted and that William Zumhof, Agent, for the Fidel- ity and Deposit Company of Maryland, be notified of the action of the City Council. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 1-40. V% hereas, applications for Class "B" 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 Citv of Dubuque that the following ap- plications be and the same are hereby approved and it is ordered that the premises to be occupied by such appli- cants shall be forthwith inspected. Class "B" Permit Name Address Edward J. and Mabel Duccini (transfer of address from 1698 Maple Street) 574 East 16th Street. Wm. C. Miller (Transfer of address from 35 West Fourth Street) 400 Central Avenue. J. L. Spielman and Susan Spielman, 601 Rhomberg Avenue. Canfield Hotel (W. J. Canfield, Jr.) 4th and Central Avenue. Mrs. Emma Zillig, 2222 Central Ave. Passed, adopted and approved this 2nd day of January, 1940. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 2-40. N\ hereas, heretofore applications were filed by the within named appli- cants for Class "B" Permits and they received the approval of this Council; and Whereas, the premises to be occu- pied by them have been inspected and found to comply with the ordinances of this City and they have filed a prop- er 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 following named persons a Beer Permit. Class "B" Permit. Name Address J. L. Spielman and Susan Spielman, 601 Rhomberg Avenue. Canfield Hotel (W. J. Canfield, Jr.) 4th and Central Avenue. \Irs. Enema Zillig, 2222 Central Ave. Edward J. and Mabel Duccini (Trans- fer of address from 1698 Maple Street) 574 East 16th Street. Be It Further Resolved, that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 2nd day of January, 1940. GE 0. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Mur- phy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. January 2, 1940. To the Honorable Mayor and Citv Council, Dubuque, Iowa. Gentlemen: At a special meeting of the Planning and Zoning Commission held at City Hall, December 29th, 1939, the said Commission unanimously adopted the attached recomendations to your Honorable Body which are hereby sub- mitted in the form of resolutions for vnur consideration. Respectfully submitted, PLANNING AND ZONING COMMISSION, Ilv Richard V. \fcKay, Secretary. 6 Adjourned Regular Session, January 2nd, 1940. Councilman Clark moved that the communication of the Planning and Zoning Commission be received" and made a matter of record. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 3-40. Whereas, the relocation by the State Highway Commission of Highway Number Twenty, a Federal Highway, from a point west of Center Grove to Locust Street via Dodge Street raises many problems which are common to scientific planning, and zoning, among which may be mentioned reduction of traffic congestion, re-routing of heavy traffic to prevent wear and tear on city streets, straightening of through traffic streets, beautification of approaches to the city, study of shifts of population in residential districts, rejuvenation of decadent districts by finding new uses for real estate, preservation of park reserves, and the provision of services for travelling motorists, and Whereas, at the call of the Honor- able Mayor of the City of Dubuque, a joint conference to consider the many problems involved in the relocation of Highway Twenty has been held, the Honorable Mayor, the members of the City Council, the City Manager, the Building Commissioner, and the Plan- ning and Zoning Commission partici- pating, and Whereas, following said conference at which a common understanding was reached, the entire route of the newly relocated Highway Twentv was again surveyed and studied, from all avail- able maps, including the Master Plan of the City of Dubuque in which the Highway Twenty relocation was orig- inally approved by the City Council as preesenting the safest and easiest grade out of the City of Dubuque to the west: Now, Therefore, Be It Resolved, that the following recommendations be presented to the City Council for its approval. ITEM I. It has been definitely es- tablished that the most active move- ment of residential building continues to be on Grandview Avenue and to the wast, south and southwest of it. There is every indication that this trend, be- cause of the topography of the city, be- cause of the fact that the sections men- tioned are easily accessible by automo- bile, and because they offer large areas where the prime conditions of air and light in abundance are available, will continue. It is therefore recommended that both sides of Dodge Street from the Bryant Street intersection and both sides of Highway Twenty, beyond the intersection of Dodge and Fremont Streets westward to the city limits, and the large areas of undeveloped property contiguous thereto, lying within the corporate limits of the City of Dubuque and such subdivisions as may be an- nexed thereto, be preserved and con- tinued as residence district. ITEM II. Below, the Bryant Street intersection, Highway Twenty (Dodge Street) particularly so in case Dodge Street acts as the main east and west feeder for the proposed Mississippi River bridge, must of necessity become a local business district. We cannot hasten this movement, but we should prepare for it. It is therefore recom- mended that the present "Local Busi- ness jistrict" at the intersection of Dodge and Bluff Streets he extended westward on Dodge Street to Bryant Street intersection, on both sides of Dodge Street, as shown on attached plat, with the exception of bots 1 of 2 of M. L. 66, the Southerly 100' of l,ot 2 of 2 of M. L. 66, and the Southerlv 100' of Lot 1 of 2 of 1 of 1 of M. L. 67 -for a distance of 328' West of the \Vested, line of M. L. 66. ITF,D1 111. It is recommended that the abrupt turns in Dodge Street at Bluff Street, Rising Avenue, Bryant Street, and Booth Street, and Booth Street intersections with Dodge Street be removed and the street thereby made safe for through traffic. Passed, adopted and approved this 211d day of January, 1940. GCO. R. MURPHY, Mayor FRANK VAN DUEL�IAN, ALBERT WHARTON, CARL, A. CLARK, F. W. THO\1PSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Clark moved that the resolution be adopted and that the City Solicitor be instructed to prepare the proper proceedings. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor 11\1ur- 1>hy, Councilmen Clark, Thompson Van Duelman, Wharton. Nays—None. Communication of League of Iowa Municipalities requesting Council co- operation and help in the legislative program adopted by the League, pre- sented and read. Councilman Clark 1110^ed to refer the commun-atiwi to the Citv Cnuncil for consideration. Scc- cndee.. by Cul.ncatnan Wharton. (-ac - ried by the rollowing vote: Year-- Nfavor, Murphy, Councilmen Clark. Adjourned Regular Session, January 2nd, 1940. 7 Thompson, Van Duelman, Wharton. :Nays—None. Petition of Merlyn B. Kurt request- ing that he be allowed the sum of $60.00 for the replacement and labor in the replacement of the sanitary sewer con- nection, from the main sewer to the curb, in front of his property located at 874 South Grandview Avenue, present- ed and read. Councilman Clark moved to refer the peetition to the City Man- ager and City Solicitor for investigation and report. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton. Nays—None. Petition of Henry Herrmann request- ing a refund of the penalties involved in the redemption for special assess- ments levied against the East 315 of Lot 27 of L. H. Langworthy's Sub. and of Lot 20 of Marsh's Addition, Pre- sented and read. Councilman Wharton moved to refer the petition to the City Manager and City Treasurer for invcs- tigation and report. Seconded by Councilman Clark. Carried by the fol- lowing vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Petition of Mrs. Francis Kissell re- questing suspension of the penalties in the amount of $37.91 clue on special as- sessments levied upon Lot 44 of Far- ley' Subdivision, presented and read. Councilman Wharton moved that the request be granted and that the City Auditor be authorized to draw a war- rant on the Special Bonded Fund in the amount of $37.91 in favor of the County Treasurer representing the amount of suspension granted on the penalties for special assessment levid againt Lot 44 of Farley's Subdivision, Mrs. Francis Kissel], owner. Seconded by Council- man Clark. Carried by the following vote: Yeas—Mayor Murphy, Coun- cilmen Clark, Thompson, Van Duel - man, Wharton. Nays—None. Resolution No. 4-40. A Resolution providing for the ap- pointment of a Citv Solicitor of the City of Dubuque to fill the vacancy for the unexpired term caused by the death of City Solicitor Al. J. Nelson, prescrib- ing his salary and fixing his bond. Whereas, a vacancy exists in the of fico of Citv Solicitor because of the death of Al. J. Nelson for the unex- pired term during the balance of the fiscal year 1939-40, and Whereas, this Council has received five applications for tb% position, tenon, them the application of Walter W. Pais- ley, a World War veteran, asking for soldier's preference under Chapter 60 of the Code of Iowa and dated Decem- ber 21, 1939, and the application of John J. Kintzinger, a non -veteran and dated December 20, 1939, and Whereas, this Council, since the fil- ing of said applications, has conducted a full and careful investigation as to the qualifications of the various applicants for the position, and Whereas, after said investigation the Council being fully advised in the premises, finds and determnes that the qualifications of John J. Kintzinger for the position are superior and great- er to those of Walter W. Paisley be- cause of his greater experience in the general practice of law and his greater experience in the conduct of public af- fairs, he having been County Attorney of Dubuque County for six years, his wider and more extensive experience and success in trial work in the Dis- tricts, Supreme and other Courts of the State of Iowa, and Whereas, the specific grounds for the refusal of this Council to appoint Wal- ter Paisley are because this Council has found and determined that his qual- ifications for the position are inferior to those of John J. Kintzinger because of his lesser experience in the general practice of law, his inexperience in the conduct of public affairs, he not having Previously represented a political sub- division as a public official, his lack of experience in trial cases before the Dis- trict, Supreme and other Courts of the State of Iowa: Now, Therefore, Be It Resolved by the Citv Council of the City of Dubuque that John J. Kintzinger be appointed as City Solicit- or of the City of Dubuque, Iowa, to serve (luring the balance of the fiscal Year 1939-40 subject, however, to the right of the Council to declare such of- fice v„cont or remove the officer there- from at the pleasure of the Council with or without cause and to be paid the fol- Iowing compensation and to furnish a bond by such officer at his own ex- pense in the following amount: John 1. Kintzinger, City Solicitor -- Salary $3,800-00 prr year — Bond s 1,000.00. L'e 1t Further pt-v(,lved that the Citv Clerk i, directed to fele a copy of this resolution, for public inspection c•_)u- taining the specific grounds for the ap- pointment of John J. Kintzinger as City :?olicitor and stating further the specific :;rounds for the refusal to appoint ter \\'. Paisley. g Adjourned Regular Session, January 2nd, 1940. Passed, adopted and approved this 2nd day of January, 1940. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL, A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Wharton moved the adoption of the resolution. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. There being no further business, Councilman Clark moved to adjourn. Seconded by Councilman 'Thompson. Carried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, \'an Duelman, Wharton. Nays—None. J. J. SHEA, City Clerk. Approved ?�YAL ---- 1940. Adopted ccn I co -.11161' Attest: City Clerk. Special Session, January 8th, 1940. 9 City Council (Official.) Special Session, January 8th, 1940. Council met at 8:05 P. M. Present—Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton, City Manager Rhomberg. Meeting called by order of Councilmen Clark and Thompson. Mayor Murphy read the call and stat- ed that service thereof had been duly made and that this meeting is called for the purpose of conducting a public hearing upon a proposal to amend and change the Zoning Map of the City of Dubuque, Iowa, by changing from "Two -Family Residence District," to "Multiple Residence District," the area described as follows: "That section of Delhi Street from Auburn Street to West Fourteenth Street, on both sides of the street," and described as follows: "Beginning at the center of the inter- section of Delhi and Auburn Streets: thence Northeasterly along the center line of Auburn Street to the center line of the alley between Delhi and Custer Streets; thence Northwesterly along the center line of the above alley to the center line of Algona Street; thence Northeasterly along the center line of Algona Street to a point 100 feet North- easterly from the Northerly property line of Delhi Street; thence Northwes- terly along a line 100 feet from the Northerly line of Delhi Street to the center line of West 14th Street; thence Southwesterly along the center line of West 14th Stret to the center line of Delhi Street; thence Southeasterly, along the center line of Delhi Street tc the center line of McCormick Street thence Southwesterly along the center line of McCormick Street to a point IN feet Southerly from the Southerly prop erty line of Delhi Street; thence South easterly along a line 100 feet from the Southerly property line of Delhi Stree to the center line of Algona Street thence Southwesterly along the center line of Algona Street to the center ling of the first alley South of Delhi Stree and between Delhi Street and Grac, Street; thence Southeasterly along th, center line of said alley to the cerate line of Auburn Street; thence North easterly along the center line of Auburi Street to the center line of Delh Street; thence Northwesterly along th center line of Delhi Street to the poin of beginning," and acting on any othe business as may properly come befor a regular meeting of the City Counci Proof of publication, certified to b the publishers, of the notice of a publi wearing upon a proposal to amend and :hange the Zoning Map by changing 'rom "Two -Family Residence District," to "Multiple Residence District," the area described as follows: "That sec - ion of Delhi Street from Auburn Street to West Fourteenth Street, on both ;ides of the street," and described as follows: "Beginning at the center of the intersection of Delhi and Auburn Streets; thence Northeasterly along the center line of Auburn Street to the cen- ter line of the alley between Delhi and Custer Streets; thence Northwesterly along the center line of the above alley to the center line of Algona Street; thence Northeasterly along the center line of Algona Street to a point 100 feet Northeasterly from the Northerly prop- erty line of Delhi Street; thence North- westerly along a line 100 feet from the Northerly line of Delhi Streeet to the center line of West 14th Street; thence Southwesterly along the center line of West 14th Street to the center line of Delhi Street; thence Southeasterly along the center line of Delhi Street to the center line of McCormick Street; thence Southwsterly along the center line of McCormick Street to a point 100 feet Southerly from the Southerly property line of Delhi Street; thence Southeast- erly along a line 100 feet from the Southerly property line of Delhi Street to the center line of Algona Street; thence Southwesterly along the center line of Algona Street to the center line of the first alley South of Delhi Street and between Delhi Street and Grace Street; thence Southeasterlv along the center line of said alley to the center line ' of Aub urn Street; thence North- easterly atong the center line of Auburn Street to the center. line of Delhi Street; thnc Northwesterly along the center line of Delhi Stret to the point of be- ginning," presented and read. No writ- ten objections filed and no objectors present in the Council Chamber. Coun- cilman Clark moved that the proof of publication be received and filed. Sec- onded by Councilman Thompson. Car- ried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Councilman Clark moved that the rules be suspended for the purpose of allowing any one present in the Conucil Chamber, who wishes to do so, to ad- dress the Council. Seconded by Coun- cilman Thompson. Carried by the fol- lowing vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Messrs. A. A. Freund, et al, addressed the Council requesting that Rafferty Slough be flooded for skating rink pur- poses. Councilman Clark moved that the rectucst he referred to the City ',Manager to confer with the Recreation 10 Special Session, ,J Commission for the purpose of taking proper action. Seconded by Council- man Wharton. Carried by the follow- ing vote: Yeas—Mayor Murphy, Coun- cilmen Clark, Thompson, Van Duel - man, Wharton: Nays—None. Communication of Mary G. Nolan stating that she tripped, fell and injured her right foot on a defective sidewalk on Burch Street, between West Third Street and Fenelon Place, presented and read. Councilman Wharton moved that the communication be received and filed. Seconded by Councilman Clark. Carried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Tompson, Van Duelman, Wharton. Nays—None. Communication of Thos. S. Smith, Secretary Stage Employees and Mov- ing Picture Machine Operators, Local No. 103, calling the attention of the City Council to the newspaper adver- tisements in which the Interstate Pow- er Company is going to change their bus schedules, as such change will force eleven employees to buck the extra board, and asking the City Council to use the power that has been invested in them to protect the jobs of these men, presented and read. Councilman Thompson moved that the communica- tion be received and filed. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Councilman . Van Duelman offered the following: Controversy having aris- en with respect to the change in the routes and schedule of buses put in ef- fect by the Interstate Power Company, without the approval of the City Coun- cil, and whereas it is provided: Special Ordinance (Special Session, February 14, 1922.) Section 10. The City Coun- cil shall have full power from time to time to make reasonable regulations respecting the service rendered by said Company, which service shall be con- tinuous during the term of this fran- chise, unless interfered with or pre- vented by causes beyond the reasonable control of the Company. Should any controversy arise respecting rates of fare or other matters subject to regu- lation by the City Council, service shall not be discontinued, pending the ad- justment of the same, except with the approval of the City Council. I hereby move that the City Manager of the City of Dubuque notify the Interstate Power Company not to discontinue the ser- vice existing prior to January 7, 1940; pending the adjustment of the same. Seconded by Councilman Clark. Car- ried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. 8th, 1940. Communication of Walter J. Rawson submitting his resignation from the Civil Service Commission, the resigna- tion to take effect at once, presented and read. Councilman Wharton moved that the resignation be accepted with regret and, that the City Manager be instructed to write Mr. Walter J. Raw- son to that effect. Seconded by Coun- cilmen Van Duelman. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Vau Duelman, Wharton. Nays—None. Communication of Elroy H. Gras - horn, Secretary of Dubuque Trades and Labor Congress, requesting the ap- pointment of Mr. John Schaetzle to the vacancy on the Police and Fire Com- mission, presented and read. Council- man Clark moved to refer the com- munication to the City Council. Sec- onded by Councilman Wharton. Car- ried by the following vote: Yeas -- Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Communication of Melvin Hennings, Recording Secretary, Dubuque Build- ing Trades Council, advising Council that the Dubuque Building Trades Council have gone on record support- ing John Schaetzle for appointment to the Police and Firemen's Commission, presented and read. Councilman Clark moved to refer the communication to the City Council. Seconded by Coun- cilman Wharton. Carried by the fol- lowing vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Communication of Vincent Duffy, Re- cording Secretary, International- Hod Carriers' Building and Common La- borers' Union, advising Council that they would like to see John Schaetzle appointed to the Police and Fire Com- mission, presented and read. Council- man Clark moved to refer the commu- nication to the City Council. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Communication of Willard Preston, Secretary Coal and Ice Division Truck Drivers Union asking Council to seri- ously consider 'the appointment of John Schaetzle to the vacancy on the Fire and Police Commission. Councilman Clark moved to refer the comnriinica- tion to the City Council. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Communication of Robert Licht, Re- cording Secretary, International Union of Operating Engineers, recommending Session, January 8th, 1940. John Schaetzle for appointment on the Fire and Police Commission. Council- man Clark moved to refer the commun- ication to the City Council. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Mur- phy, Councilmen Clark, Thompson,Van Duelman, Wharton. Nays—None. Communication of Earl Pfohl, Secre- tary of the Dairy Division Truck Driv- ers Union, requestingCouncil to seri- ously consider the appointment of John Schaetzle to the vacancy on the Fire and Police Commission, presented and read. Councilman Clark moved to re- fer the communication to the City Council. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton. Nays—None. Communication of L. A. Vonah, Sec- retary Bakers Local No. 307, advising Council that the Bakers Local would like to have the Council appoint John Schaetzle on the Police and Fire Com- mission as one of the Commissioners, presented and read. Councilman Clark moved to refer the communication to the City Council. Seconded by Coun- cilman Wharton. Carried by the fol- lowing vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Communication of Ray Blankenship, Secretary General Drivers Division Truck Drivers Union, requesting the Council to seriously consider the ap- pointment of John Schaetzle to the va- cancy on the Fire and Police Commis- sion, presented and read. Councilman Clark moved to refer the communica- tion to the City Council. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Communication of Frank Reisen, President Local No. 1238, International Association of Machinists, submitting the name of Art Schroeder as a pos- sible candidate for the Fire Police and Commission vacancy, presented read. Councilman Clark moved to re- fer the communication to the City Council. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Murphy. Council- men Clark, Thompson, Van Duelman, Wharton. Nays—None. Petition of Jos. F. Correll, Supt. of Fire Alarm System and A. J. Stroh• meyer, Asst. Supt. of Fire Alarm Sys- tem, requesting that the City Counci direct that their names be 1placedt fol ol the rolls of the Fire Dep pension purposes and that they bo 11 granted the same rights and privileges as other members of said department enjoy under our present laws, presented and read. Councilmen Clark moved that the petition be referred to the City Solicitor for a written opinion on this request and also that the City Solicitor be instructed to include in his written opinion the former requests made by Ambulance Drivers Edward Farrell and Harry Haggerty that their names be placed on the rolls of the Fire De- partment for pension purposes. Sec- onded by Councilman Thompson. Car- ried by the following vote: Yeas— Mayor Murphy, Councilman Clark, Thompson, Van Duelman, Wharton Nays—None. Resolution No. 5-40. Whereas, application for Class "B" Beer Permit has been submitted to this Council for approval and the same has been examined; Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the following ap- plication be and the same is hereby ap- proved and it is ordered that the prem- ises to be occupied by such applicant shall be forthwith inspected. Class "B" Permit. W. F. Trimpler (Transfer of address from 574 East 16th St.) 1654 Central Ave. Passed, adopted and approved this 8th day of January, 1940. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Mur- phy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Ordinance No. 1-40. An ordinance amending and changing the zoning map of the City of Dubuque, as provided for by Ordinance No. 3-34, designated "Zoning Ordinance of the City of Du- buque,' so as to change to "Multiple Residence District." certain defined property now delimited as "Two -Fam- ily Residence District," and declaring an emergency, presented and read. Cotlicit nian Van Duelman moved that the reading just had be considered the first reading of the ordinance. See- 12 Session, January &h, 15 onded by Councilman Wharton. Car- ried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Councilman Van Duel - man moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Mur- phy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. The ordinance was then read a second time. Councilman Van Duelman moved that the reading just had be considered the second reading of the ordinance. Seconded by Councilman Wharton. Carried by the following vote: Yeas— lfayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. J. J. SHEA, City Clerk. Approved �"_Y';t4_1940. Adopted41/�el.t�i.+__1940. ------ --�_Z_---- {�-- Councilm G;��-� �- Attest: __�'_ _ Clty �lerk. Regular Session, February 5th, 1940. 13 City Council (Official) Regular Session, February 5th, 1940. Council met at 8:25 P. M. Present—Mayor Murphy, Council- men Clark, Thompson, Van Duelman' Wharton, City Manager Rhomberg. Mayor Murphy stated that this is the regular monthly meeting of the City Council for the purpose of acting upon such business as may properly come before the meeting. Notice of Claim of Mary G. Nolan in amount unknown at the present time for personal injuries sustained in a fall on a defective sidewalk on Burch Street between West Third Street and Fene- lon Place, presented and read. Coun- cilman Clark moved to refer the Notice of Claim to the City Solicitor for in- vestigation and report. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Notice of Claim of Anthony Schmitz in the amount of $5,000.00 for personal injuries sustained in a fall upon an icy crosswalk at the intersection of Twen- tieth and White Streets, presented and read. Councilman Clark moved to re- fer the Notice of Claim to the City So- licitor for investigation and report. Sec- onded by Councilman Thompson. Car- ried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Wharton. Nays—None. Notice of Claim of Jackson M. Sprague in the omount of $1,000.00 for personal injuries sustained in a fall up- on an icy sidewalk on the Southwest corner of Eighth Avenue and Bluff Street, presented and read. Council- man Wharton moved to refer the No- tice of Claim to the City Solicitor for investigation and report. Seconded by Councilman Clark. Carried by the fol- lowing vote: Yeas—Mayor Murphy Councilmen Clark, Thompson, Var Duelman, Wharton. Nays—None. Original Notice of Suit of Emory F Healy, Plaintiff, vs. City of Dubuque Iowa, Defendant, in the amount o: $10,641.30 for personal injuries sus- tained by reason of a fall on an icy side walk on the Northeast cnrner of Nintt and White Streets on January 25, 1938 presented and read. Councilmat Thompson moved that the Origina Notice of Suit be referred to the Cit, Solicitor for investigation and repori Seconded by Councilman Van Duel man. Carried by the following vote. Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Communication of Elroy H. Gras - horn, Sec. and Treas. Barbers' Local No. 429 advising Council that they are in favor of the appointment of Mr. John Schaetzle to the Police and Fire Commission, presented and read. Councilman Van Duelman moved to refer the communication to the City Council. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton. Nays—None. Communication of Frank Defendi, Corresp. Sec. of International Molders' Union of America Local No. 263, rec- ommending and endorsing John Schaetzle for the Police and Fire Com- mission, presented and read. Council- man Wharton moved to refer the com- munication to the City Council. Sec- onded by Councilman Van Duelman. Carried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Communication of Chas. G. Demp- sey, Rec. Sec. Metal Trades Council, endorsing John Schaetzle for the posi- tion of Police and Fire Commissioner, presented and read. Councilman Thompson moved to refer the commu- nication to the City Council. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Communication of Bart L. Molo, snaking aplication for fire protection on the Middle Road on his place known as Silver Acres, presented and read. Coun- cilman Clark moved to refer the com- munication to the City Council. Sec- onded by Councilman Thompson. Car- ried by the following vote: Yeas— Alayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Communication of The Key City Gas Company submitting attached annual report required by ordinance showing receipts and disbursements for the calendar year 1939, presented and read. Councilman Van Duelman moved to refer the communication and annual report to the City Council. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Mur- phy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Communication of W. O. Price, En- gineer of Safety and Traffic, Iowa State Highway Commission, submitting a proposal to the effect that the Iowa 14 Session, February 5th, 1940. State Highway Commission will place traffic signals on all four corners at the intersection of Dodge Street and - Grandview Avenue providing that the City of Dubuque take care of the oper- tion and maintenance of said signals presented and read. City Manager Rhomberg recommending that the pro- posal of the Iowa State Highway Com- mission be accepted. Councilman Wharton moved that the recommen- dation of City Manager Rhomberg be approved and that the City Manager be instructed to notify the Iowa State Highway Commissions of the action taken by the City Council up- on their proposal. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Communication of C. R. Livingston, Asst. Dist. Eng., Iowa State Highway Commission, submitting attached four copies of a contract covering Primary Road Extension maintenance thru Du- buque for the period from December 1st, 1939, to June 30th, 1940, presented and read. Councilman Van Duelman moved that the contract be approved imd the Mayor authorized to execute the same on behalf of the City of Du- buque. Seconded by Councilman Wharton. Carried by the following voter Yeas—Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton. Nays—None. Petition of Mildred Sheehan Schnee requesting a refund on the license of Mrs. Agnes L. Sheehan, deceased, pre- sented and read. Councilman Van Duel - man moved that the petition be received and filed due to the fact that the Coun- cil is without authority to grant the re- quest. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton. Nays—None. Petition of Josephine Flynn, referred to the City Council by the Board of Su- pervisors, requesting suspension of the 1939 taxes on the N. W. 20 feet of City Lot 83, presented and read. Council - mail Thompson moved that the petition be referred to the City Solicitor for in- ggation and report. Seconded by Cuncilman Clark. Carried by the fof- lowing vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Petition of Catherine S. Lundbeck, referred to the City Council by the Board of Supervisors, requesting sus- pension of the 1939 taxes on Lot 242 Woodlawn Park Addition, presented and read. Councilman Thompson mov- ed that the petition be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Clark. Carried by the following vote: Yeas— Mayor Murphy, Councilman Clark, Thompson, Van Duelman, Wharton. Nays—None. Petition of John J. and H. L. Lund - beck, referred to the City Council by the Board of Supervisors, requesting suspension of the 1939 taxes on Lot 11 of Cox Addition; p:-esented and read. Councilman Thompson moved that the petition be referred to the City Solic- itor for investigation and report. Sec- onded by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays --None. January 18, 1940. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen—I herewith submit the reports of the City Auditor, City Treas- urer, City Health Department, and the City Water Department for the month of December, 1939, also a list of claims and list of payrolls for which warrants were drawn during the month of De- cember, 1939. Respectfully submitted. A. A. RHOMBERG, City Manager. Councilman Clark: moved that the re- ports be received and placed on file. Seconded by Councilman Thompson. Carried by the following vote: Yeas— \'iayor Murphy, Councilmen Clark, 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 Clark. Carried by the fol- lowing vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Mr. Al. Wunder addressed the Coun- cil stating that on account of the erec- tion of the water reservoir at West Third Street near College Street that his property has depreciated in value and that he is unable to dispose of the same at a fair price and asking the City Council to assist him in the disposing of his property or else that the City pur- chase the same. Councilman Clark moved that the verbal request of Mr. Al. Wunder be referred to the City Council for further consideration. Sec- onded by Councilman Thompson. Car- ried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Session, February 5th, 1940. Mr. Walter W. Paisley addressed the Council requesting Council action on the petition of Walter W. Paisley and Rebecca L. Paisley filed at the meeting of January 15th, 1937, in which they asked for the transfer or the release and surrender of the tax sale certificate held by the City of Dubuque against Lot 2 of the Sub of Lot 23 in Grand- view Heights upon the payment to the City of Dubuque in the sum of $40.00 for an assessment in the amount of $128.00. February 2, 1940. City Council, City of Dubuque, Iowa. Report of Petition of Walter W. Pais- ley and Rebecca L. Paisley. Gentlemen: On January 15, 1937, a petition was filed by Walter W. Paisley and Re- becca L. Paisley asking for the transfer or the release and surrender of tax sale certificate then held by the City of Du- buque, to Lot Two (2) of the Subdivi- sion of Lot Twenty-three (23) in the City of Dubuque, upon the payment to the City of Dubuque of the sum of $40.00 for assessment in the amount of $128.00. Upon investigation, I find that the City of Dubuque does not hold a tax sale certificate to said property and re- quest that said petition be received and filed. Yurs truly, JOHN J. KINTZINGER, City Solicitor. Councilman Wharton moved that the recommendation of City Solicitor Kintzinger be approved. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Mur- phy, Councilmen Clark, Thompson,Van Duelman, Wharton. Nays—None. February 5, 1940. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen—At the session of the City Council held June 30, 1939, the pe- tition of J. E. Kemler concerning de- linquent special assessments against the East / of the North 88 feet of Lot 783 of A. McDaniel's Sub. and on City Lots 281 and 282 was acted upon by directing the City Auditor to draw a warrant in the amount of $11.70 repreenting a re- fund of all interest in excess of 5% per annum and all penalties on the pay- ments made in redeeming the East of the North 88 feet of Lot 783 of A. McDaniel's Sub. only, since nothing was then paid on the delinquencies of City Lots 281 and 282. Later the petitioner, on December 29, 1939, paid the delinquent special assess- ments on City Lots 281 and 282 for the paving of Central Avenue and for the 15 installation of boulevard lights. In order to complete the transaction I rec- ommend that the City Auditor be auth- orized to draw a warrant on the Special Bonded Fund in the amount of $18.64 (Fund 879—$14.95 plus Fund 882— $3.69) in favor of J. E. Kemler, repre- senting the refund of interest in excess of 5010 per annum and all penalties paid to the County Treasurer on City Lots 281 and 282. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Clark moved that the recommendation of City Manager Rhomberg be approved and that the City Auditor be authorized to draw a warrant on the Special Bonded Fund in the amount of $18.64 (Fund 879— $14.95 plus Fund 882—$3.69) in favor of J. E. Kemler representing the re- fund of interest in excess of 5% per an- num and all penalties paid to the Coun- ty Treasurer on City Lots 281 and 282. Seconded by Councilman Wharton. Carried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. February 5, 1940. To the Honorable Mayor and City Council, Dubuque, Iowa. Dear Sirs—At the session of the City Council held January 2, 1940, the peti- tion of Henry Herrmann requesting a refund of penalties involved in the re- demption of the Fast 3/5 of Lot 27 of L. H. Langworthy's Sub. and of Lot 20 of Marsh's Addition for delinquent spe- cial assessments was referred to the City Manager and Treasurer for inves- tigation and report. We find in the records that the above described property was delinquent for the 8th, 9th and 10th installments for the paving of Main Street and the amount necessary for redemption was as follows: E. 3/5 of 27 of L. H. Langworthy's Sub. Principal --------------------$39.15 Interest and Penalties -------- 10.66 Lot 20 of Marsh's Addition: 64.35 Principal _ Interest and Penalties --------- 16.55 We recommend that the City Auditor be authorized to draw a warrant on the Special Bonded Fund payable to Henry Herrmann in the amount of $12.21 ($7.60 for N. 3/5 of 27 of L. H. Lang- ,vorthy's Add and $4.61 for Lot 20 of Marsh's Add.) representing a refund of penalties and all interest charges in excess of 59o' per annum. Respectfully submitted, A. A. RHOMBERG, City Manager. OTTO F. PULS. City Treasurer. 16 Session, February 5th, 1940. Councilman Van Duelman moved that the recommendation of City Man- ager Rhomberg and City Treasurer Puls be approved and that the City Au- ditor be authorized to draw a warrant on the Special Bonded Fund payable to Henry Herrmann in the amount of $12.21 ($7.60 for E. 3/5 of 27 of L. H. Langworthy's Add. and $4.61 for Lot 20 of Marsh's Add.) representing a re- fund of penalties and all interest charges in excess of 59o' per annum. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. February 5th, 1940. Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen—The undersigned, Secre- tary of the Fire and Police Pension System, begs to advise that the terms of Citzen member of the Board—Thom- as Hill, Policeman member of the Board—Frank Matz, and Fireman member of the Board—Lester Benzer, have expired. I suggest that these men be reappointed or replacements made. The terms of these men should then expire April 1st, 1943. Very respectfully, OTTO F. PULS, Secretary Fire asd Police Pen- sion System, Dubuque, Iowa. Councilman Thompson moved that Mr. Thomas Hill be reappointed as Citizen member of the Board of Fire and Police Pension System, also that Frank Matz be reappointed as Police- man member of the Board of Fire and Police Pension System, also that Lester Benzer be reappointed as Fireman member of the Board of Fire and Police Pension System, said terms to expire on April 1st, 1943. Seconded by Councilman Clark. Carried by the fol- lowing vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Dubuque, Iowa, Feb. 3rd, 1940. To the Honorable Mayor and City Council, City of Dubuque, Iowa. Gentlemen—Section 718-b4 of the Code of Iowa, Permanent Registration, provides that the Commissioner of Reg- istration shall appoint such deputies and clerks as may be necessary, to as- sist in the registration of voters at the central registration office, said deputies and clerks to be equally divided be- tween the members of the two political parties receiving the highest vote at the last general election, said appoint- ments shall be subject to the approval of the City Council. I herewith recommend for your ap- proval the following named persons to assist in the registration of voters at the central registration office, such per- sons to be designated as deputies and clerks of registration. Democratic—Mr. R. P. Marshall and Miss Gladys E. Theis. Republican—Mr. Otto F. Puls and Miss Geraldine L. Demkier. Respectfully submitted, J. J. SHEA, Commissioner of Registration, City of Dubuque, Iowa. Councilman Wharton moved that the recommendation of the Commissioner of Registration be approved. Second- ed by Councilman Clark. Carried by the following vote: Yeas—Mayor Mur- phy, Councilmen Clark, Thompson,Van Duelman, Wharton. Nays—None. Dubuque, Iowa, February 5th ,1940. ,ro the Honorable Mayor and City Council, City of Dubuque, Iowa. Gentlemen—Section 718-b4 of the Code of Iowa, Permanent Registration, provides that the Commissioner of Registration shall appoint the two clerks of election for each precinct, Nvho shall have charge of the election register. I herewith recommend for your ap- proval the appointment of the following named persons to serve as Clerks of Election for each precinct, who shall have charge of the election register: First Precinct—Democratic, Vera Ham; Republican, Mrs. Lillian Jones. Second Precinct—Democratic, Mar- garet Kinsella; Republican, Mrs. Geo. R. Fox. Third Precinct—Democratic, Carrie McGough; Republican, Mrs. Pearl Hoerner. Fourth Precinct—Democratic, Mary Hughes; Republican, Martha Hunt. Fifth Precinct—Democratic, Marga- ret Lavery; Republican, Mrs. F. W. Trader. Sixth Precinct—Democratic, Lillian Fleege; Republican, Mrs. Hazel Yo- kom. Seventh Precinct—Democratic, Ce- celia Weber; Republican, Cora Wolf. Eighth Precinct—Democratic, Jennie I. Starr; Republican, J. W. Millin. Ninth Precinct—Democratic, Mayme Casutt; Republican, Mrs. Edna Wid- dowson. Tenth Precinct, Democratic, Charles V. Correll; Republican, Hattie Do- natsch. Eleventh Precinct—Democratic, Ger- trude Zwack; Republican, Mrs. Frank Kurt. Twelfth Precinct—Democratic, Cath- erine Jehring; Republican, Helen Stans- field. Regular Session, February 5th, 1940. Thirteenth Precinct — Democratic, Freda Foell; Republican, Marguerite Liddle. Fourteenth Precinct — Democratic, Lucille Pleimling; Republican, Dorothy Bauer. Fifteenth Precinct—Democratic, Ro- sa Fox; Republican, Helen Hohnecker. Respectfully submitted, J. J. SHEA, Commissioner of Registration. City of Dubuque, Iowa. Councilman Van Duelman moved that the recommendation of the Com- missioner of Registration be approved. Seconded by Councilman Clark. Car- ried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. January 26, 1940. Honorable Mayor and City Council, Dubuque, Iowa. Re: Clarence Schetgen, Administrator of the Estate of Joseph Schetgen, deceased, vs. City of Dubuque; Re: August R. Staufenbeil Estate, et al, vs. Local Board of Review. Gentlemen: Prior to my assumption to the office of City Solicitor, in Janu- ary, 1940, I acted as attorney for the plaintiff, Clarence Schetgen, Adminis- trator of the Estate of Joseph Schetgen, and for the Estate of August R. Stau- fenbeil, deceased, both of said actions involving matters against the City of Dubuque, and both of which are now pending before the District Court of Dubuque County, Iowa. Since my ap- pointment as City Solicitor. I have withdrawn my apearance as attorney in said actions, and the fact that I did represent the above parties in their ac- tions against the City when the actions were commenced disqualifies me from now acting as attorney for the City in said actions. The action of Clarence Schetgen, Ad- ministrator of the Estate of Joseph Schetgen, deceased, vs. the City of Du- buque, involves a claim for damages for death of Joseph Schetgen on May 18, 1938, at which time he fell into a sewer and drowned, said claim being for $10,000.00. The Staufenbeil matter involves an appeal from assessment of property on Central Avenue near 14th Street, in the City of Dubuque. In view of my disqualification and in- ability to act for the City in these mat- ters, I recommend that the matters be referred to the City Manager for inves- tigation and report as to the advisabil- ity of employing special counsel to act in the above matters. Resvectfully submitted, JOHN J. KINTZINGER, City Solicitor 17 Councilman Van Duelman moved that the recommendation of City So- licitor Kintzinger be approved. Sec- onded by Councilman Thompson. Car- ried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Final Report and Inventory 1938- 1940 covering work submitted by, and files in the possession of the office of the former City Solicitor Al. J. Nelson for the period covering April, 1938, to January 1, 1940, presented and read. Councilman Van Duelman moved that the Report and Inventory be received and placed on file. Seconded by Coun- cilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Council- man Clark, Thompson, Van Duelman, Wharton. Nays—None. February 5, 1940. Honorable Mayor and City Council, Dubuque, Iowa. Re: Claim of Joseph P. Heim. Gentlemen—Prior to January 2, 1940, there was referred by your honorable body to the City Solicitor for investiga- tion and report, claim of Joseph P. Heim, 3201 Central Avenue, Dubuque, Iowa, on account of injuries sustained in a fall on the sidewalk on November 6, 1939, on 20th and Central Avenues, due to a slippery, icy condition caused by water from the sprinkling of the street reaching the sidewalk and freez- ing. I have completed investigation of this claim and respectfully recommend that the claim be allowed in the sum of $165.00 and that a warrant payable to Joseph P. Heim in the sum of $135.00 and a warrant payable to Dr. H. A. Stribley in the sum of $30.00 be issued and delivered upon the execution by claimant of the inclosed receipt and re- lease. Respectfully submittted, JOHN J. KINTZINGER, City Solicitor. Councilman Clark moved that the recommendation of City Solicitor Kintzinger be approved and that the City Auditor be instructed to draw a warrant in the amount of $135.00 in favor of Joseph P. Heim and also that the City Auditor be instructed to draw a warrant in the amount of $30.00 pay- able to Dr. H. A. Stribley as settlement in full of the personal injury claim of Joseph P. Heim for injuries sustained in a fall on the icy sidewalk at 20th and Central Avenue, said warrants to be de- livered upon the execution by Joseph P. Heim of receipt and release. Seconded by Councilman Thompson. Carried by 18 Regular Session, February 5th, 1940. the following vote: Yeas—Mayor Mur- phy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Council Proceedings for the month of November, 1939, presented for ap- proval. Councilman Clark moved that the Council Proceedings for the month of November, 1939, be approved as printed. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton. Nays—None. Council Proceedings for the month of December, 1939, presented for ap- proval. Councilman Clark moved that the Council Proceedings for the month of December, 1939, be approved as printed. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton. Nays—None. Ordinance No. 1-40. An ordinance amending and changing the zoning map of the City of Dubuque, as provided for by Ordinance No. 3-34, designated "Zoning Ordinance of the City of Du- buque,' so as to change to "Multiple Residence District," certain defined property now delimited as "Two -Fam- ily Residence District," and declaring an emergency, said ordinance having been passed upon first and second read- ings on January 8th, 1940, presented and read a third time. ORDINANCE NO. 1-40. An ordinance amending and changing the zoning map of the City of Dubuque, as provided for by Ordinance No. 3-34, designated "Zoning Ordinance of the City of Dubuque," so as to change to `Multiple Residence District," certain defined property now delimited as "Two -Family Residence District," and declaring an emergency. WHEREAS, it is deemed advisable by the City Council to amend the zon- ing map of the City of Dubuque pro- vided for by Ordinance No. 3-34, desig- nated as, "Zoning Ordinance of the City of Dubuque," so as to change to "Multiple Residence District," certain defined property now delimited as "Two -Family Residence Districts"; and WHEREAS, the proposed change and amendment of said zoning map re- quested by Mrs. R. A. French, et al, meets with the approval of the Plan- ning and Zoning Commission of the City of Dubuque, and WHEREAS, notice of such proposed change has been published as provided by law, and an opportunity has been af- forded to all interested parties to object thereto at a public meeting held on the 8th day of January, 1940; and WHEREAS, no objection has been filed to the proposed change, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, OF THE CITY OF DUBUQUE: Paragraph 855, Section 1.—That the zoning map of the City of Dubuque be, and the same is hereby amended and changed as follows: By changing from "Two-Familv Residence District," to "Multiple Resi- dence District," the arca described as follows: "That section of Delhi Street from Auburn Street to West Four- teenth Street, on both sides of the street" and described as follows: "Beginning at the center of the inter- section of Delhi and Auburn Streets; thence Northeasterly along the center line of Auburn Street to the center line of the allev between Delhi and Custer Streets; thence Northwesterly along the center line of the above alley to the center line of Algona Street: thence Northeasterly along the center line of Algona Street to a point 100 feet North- easterly from the Northerly property line of Delhi Street; thence Northwest- erly along a line 100 feet from the Northerly line of Delhi Street to the center line of West 14th Street; thence Southwesterly along the center line of West 14th Street to the center line of Delhi Street; thence Southeeasterly along the center line of *Delhi Street to the center line of McCormick Street; thence Southwesterly along the center line of McCormick Stret to a point 100 feet Southerly from the Southerly Property line of Delhi Street; thence Southeasterly along a line 100 feet from the Southerly property line of Delhi Street to the center line of Algona Street; thence Southwesterly along the center line of Algona Street to the cen- ter line of the first alley south of Delhi Street and between Delhi Street and Grace Street; thence Southeasterly along the center line of said alley to the center line of Auburn Street; thence Northeast- erly along the center line of Auburn Street to the center line of Delhi Street; thence Northwesterly along the center line of Delhi Street to the point of be- ginning. Paragraph 856, Section 2—That the cost of publication of this ordinance, enacted for the benefit of Mrs. R. A. French, et al, shall be borne by the said Mrs. R. A. French, et al. Regular Session; February 5th, 1940. 19 Paragraph 857, Section 3—This ordi- nance, being deemed urgent and of im- mediate necessity, shall be in force and effect from and after its final passage, adoption and approval by the City Council and publication as provided by law. Passed upon first and second readings this 8th day of January, 1940. Passed, adopted and approved upon final reading this 5th day of February, 1940. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Published officially in The Telegraph - Herald newspaper this 7th day of Feb- ruary, 1940. J. J. SHEA, 2-7-1t. City Clerk. Councilman Van Duelman moved the adoption of the ordinance. Seconded by Councilman Clark. Carried by the fol- lowing vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 6-40. Wheeras, the City Council of the City of Dubuque, upon its own motion, proposes to amend and change the Zoning Map of said City, in the follow- ing respects: By changing from "Two -Family Residence District" to Local Business District," the area described as follows: "Commencing at the Westerly end of the preesent Local Business district at Dodge and Bluff Streets at a point 100 feet Northerly of the Northerly property line of Dodge Street, thence Westerly parallel to, and 100 feet Nor- therly from, the Northerly property line of Dodge Street to the Easterly line of Lot 1 of 2 of Mineral Lot 66, thence Southerly to the center line of Dodge Street, thence Westerly along the cen- ter line of Dodge Street to a point 328 feet Westerly of the Westerly line of the Southerly 100 feet of Lot 2 of 2 of Mineral Lot 66, thence Northerly to a point 100 feet Northerly from the Nor- therly property line of Dodge Street, thence Westerly 384 feet along a line parallel to, and 100 feet Northerly from, the Northerly property line of Dodge Street, thence Southerly to the center line of Dodge Street, thence Easterly along the center line of Dodge Street, to the center line of Bryant Street, thence Southerly along the center line of Bryant Street to a point 100 feet Southerly from the Southerly property line of Dodge Street, thence Easterly on a line parallel to, and 100 feet Southerly from, the Southerly property line of Dodge Street to the Westerly end of the present Local Business Dis- trict at Dodge and Bluff Streets, thence Northerly along the Westerly end of the present Local Business District at Dodge and Bluff Streets to the point of beginning." Whereas, before said Zoning Map may be thus amended and changed, it is necessary that a public hearing be held thereon; Now, Therefore, Be It Resolved By the City Council of the City of Dubuque, that the City Clerk be, and he is hereby directed to rause to be published in the Dubuque Telegraph -Herald, a notice of a public hearing to be held by this Council upon the proposed changes and amendments, said meeting and hearing being hereby fixed at 7:30 o'hlock P. M., February 26th, 1940, and to be held in the Coun- cil Chamber in the City Hall, said no- tice to be published at least fifteen (15) days before the date of said hearing, at which time all parties in interest and citizens shall have an opportunity to be heard. Passed and approved this 5th day of February, 1940. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 7-40. Be It Resolved, by the City Council of the City of Dubuque, that the fol- loNving, having complied with the pro- visions of law relating to the sale of cigareettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City. Name Address Dubuque Lodge No. 355 Loyal Order of Moose, 1379 Central Avenue. H. P. Lemper, 2776 Jackson Street. Dale Duncan (Dale's Maid -Rite), 155 West 11th Street. 20 Regular Session, February 5th, 1940. Be It Further Resolved, that the bonds filed with the applications be ap- proved. Passed, adopted and approved this 5th day of February, 1940. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL, A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 8-40 WHEREAS, applications for Class "B" Beer Permits have been submitted to this Council for approval and the same have been examined; Now, There- fore, Be It Resolved, by the Council of the City of Dubuque that the following ap- plications be and the same are hereby approved and it is ordered that the premises to be occupied by such appli- cants shall be forthwith inspected. Class "B" Permit. Name Address Louis Anthoine and Angella Anthoine, 119 West Sixth Street. Philip Mihalakis (Transfer of address from 500 E. 22nd St.), 1698 Maple St. Arthur J. Spahn (Transfer of address from 410 8th Ave.) 1766 Central Ave. Mrs. Margaret Clancy and Dorrance Clancy (Transfer of address from 469 Main Street), 336 Main Street. Passed, adopted and approved this 5th day of February, 1940. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Wharton. Carried by the following vote. Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 9-40. Whereas, heretofore applications were filed by the within named appli- cants for Class "B" Beer Permits and they received the approval of this Coun- cil; and Whereas, the premises to be occupied by them have been inspected 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 following named persons a Beer Permit. Class "B" Permit. Name Address Louis Anthoine and Angella Anthoine, 119 West Sixth Street. Philip Mihalakis (Transfer of address from 500 E. 22nd St.), 1698 Maple St. Arthur J. Spahn (Transfer of address from 410 8th Ave.) 1766 Central Ave. Mrs. Margaret Clancy and Dorrance Clancy (Transfer of address from 469 Main Street), 336 Main Street. W. F. Trimpler (Transfer of address from 574 E. 16th, St.) 1654 Central Avenue. Wm. C. Miller (Transfer of address from 35 West 4th St.) 400 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 5th day of February, 1940. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Dueltnan, Wharton. Nays—None. Councilman Clark moved that the City Manager be instructed to advertise for bids for the printing of the index and binding of the Council Proceedings for the year 1939. Seconded by Coun- cilman Van Duelman. Carried by the following vote: Yeas—Mayor Murnhy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Regular Session, February 5th, 1940. 21 Councilman Van Duelman moved that Mr. John Schaetzle be appointed as a member of the Civil Service Com- mission to fill the unexpired term of Walter J. Rawson, recently resigned, said term expiring March 31st, 1942. Seconded by Councilman Wharton. Carried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompsin, Van Duelinan, Wharton. Nays—None. There being no further business, Coun- cilman Van Duelman moved to adjourn. Seconded by Councilman Clark. Car- ried by the following vote: Yeas— Mayor Murphy, Comuncilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. J. J. SHEA, City Clerk. Approved _)4--1940. Adopted -_I1?,&-1940. Uf"X -/15- Attest: ____ _J'R". - - City Clerk. 22 Special Session, February 26th, 1940. City Council (Official.) Special Session, .February 26th, 1940. Council met at 8:30 P. M. Present—Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton, City Manager Rhomberg. Meeting called by order of Council- men Clark and Wharton. Mayor Murphy read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of conducting a public hearing upon a proposal to amend and change the Zoning Map of said City in the following respects: By changing from "Two -Family Residence District" to "Local Business District," the area described as follows: "Com- mencing at the Westerly end of the present Local Business District at Dodge and Bluff Streets at a point 100 feet Northerly of the Northerly prop- erty line of Dodge Street, thence Wes- terly parallel to, and 100 feet Norther- ly from, the Northerly property line of Dodge Street to the Easterly line of Lot 1 of 2 of Mineral Lot 66, thence Southerly to the center line of Dodge Street, thence Westerly along the cen- ter line of Dodge Street to a point 328 feet Westerly of the Westerly line of the Southerly 100 feet of Lot 2 of 2 of Mineral Lot 66, thence Northerly to a point 100 feet Northerly from the Nor- therly property line of Dodge Street, thence Westerly 384 feet along a line parallel to, and 100 feet Northerly from, the Northerly property line of Dodge Street, thence Southerly to the center line of Dodge Street, thence Easterly along the center line of Dodge Street, to the center line of Bryant Street, thence Southerly along the center line of Bryant Street to a point 100 feet Southerly from the Southerly property line of Dodge Street, thence Easterly on a line parallel to, and 100 feet Southerly from, the Southerlyproperty line of Dodge Street to the Westerly end of the present Local Business Dis- trict at Dodge and Bluff Streets, thence Northerly along the Westerly end of the present Local Business District at Dodge and Bluff Streets to the point of beginning," and acting on any other business as may properly come before a regular meeting of the City Council. Proof of publication, certified to by the publishers, of the notice of a public hearing upon a proposal to amend and change the Zoning Map of said City in the following respects: By changing from "Two -Family Residence District" to "Local Business District," the area described as follows: "Commencing at the Westerly end of the present Local Business District at Dodge and Bluff Streets at a point 100 feet Northerly of the Northerly property line of Dodge Street, thence Westerly parallel to, and 100 feet Northerly from, the Northerly property line of Dodge Street to the Easterly line of Lot 1 of 2 of Mineral Lot 66, thence Southerly to the center line of Dodge Street, thence Westerly along the center line of Dodge Street to a point 328 feet Westerly of the Westerly line of the Southerly 100 feet of Lot 2 of 2 of Mineral Lot 66, thence Northerly to a point 100 feet Northerly from the Northerly property line of Dodge Street, thence Westerly 384 feet along a line parallel to, and 100 feet Northerly from, the Northerly property line of Dodge Street, thence Southerly to the center line of Dodge Street, thence Easterly along the Center line of Dodge Street, to the center line of Bryant Street, thence Southerly along the center line of Bryant Street to a point 100 feet Southerly from the South- erly property line of Dodge Street, thence Easterly on a line parallel to, and 100 feet Southerly from, the South- erly property line of Dodge Street to the Westerly end of the present Local Business District at Dodge and Bluff Streets, thence Northerly along the Westerly end of the present Local Business District at Dodge and Bluff Streets to the point of beginning, pre- sented and read. No written objections filed and no objectors present in the Council Chamber. Councilman Van Duelman moved that the proof of pub- lication be received and filed. Second- ed by Councilman Wharton. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Notice of Claim of Mrs. W. C. Chase in the amount of $350.00 for personal injuries sustained in a fall on an icy sidewalk on Sixth Street beteween Main and Iowa Street on the steep part of the sidewalk by the side of the old Kin- ney Shoe Store, presented and read. Councilman Clark moved to refer the notice of claim to the City Solicitor for investigation and report. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Notice of claim of Regina McManus in an unknown amount for personal in- juries sustained in a fall on icy side- walk near the City steps on West Fifth Street, presented and read. Councilman Clark moved to refer the notice of claim to the City Solicitor for investigation Special Session, February 26th, 1940. 23 and report. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton. Nays—None. Notice of claim of Robert Erschen in the amount of $67.00 for personal in- juries and damages sustained in falling on an icy and defective sidewalk on the south side of West Third Street just West of Alpine Street, presented and read. Councilman Clark moved to re- fer the notice of claid to the City Solic- itor for investigation and report. Sec- onded by Councilman Thompson. Car- ried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Notice of claim of Viola Meyers in the amount $3,000.00 for personal inju- ries sustained in falling on an icy side- walk on the easterly side of Central Avenue opposite and in front of 1746 Central Avenue, preesented and read. Councilman Clark moved to refer the notice of claim to the City Solicitor for investigation and report. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Communication of the Executive Committee of the Dubuque Master Plumbers' Assn, and Dubuque journey- men Plumbers' Local Number 66 sub- mitting attached additions and proposed changes to the Plumbing Ordinance, presented and read. Councilman Whar- ton moved that the rules be suspended for the purpose of allowing any one present in the Council Chamber, who wishes to do so, to address the Coun- cil. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton. Nays—None. Messrs. Irvin Seubert and Harry Lewis addressed the Council requesting that the proposed changes and additions to the Plumbing Ordinance be acted upon favorably by the City Council. Councilman Whar- ton moved that the communication and attached additions and proposed changes to the Plumbing Ordinance be referred to the City Solicitor for inves- tigation and report. Seconded by Councilman Van Duelman. Carries by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson Van Duelman, Wharton. Nays—None Communication of County Audita Daykin advising the City Council tha the County of Dubuque is about to take Treasurer's Deed on several hundrec pieces of property under certificate; purchased by it at scavenger sale of under the public bidder's statute and asking the City Council to give the Board of Supervisors blanket authority to sell property for less than the amount of taxes, interest and penalties due against it when the delinquency is more than the value nf the property, presented and read. Councilman Whar- ton moved that the communication be referred to the City Manager and City Solicitor to confer with the County Auditor on this matter and to consider each piece of property separately and report on each to the City Council. Seconded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Petition of Board of Directors of the Mount Pleasant Home requesting per- mission to connect a Gamewell fire alarm system for their children quar- ters with the City Master fire alarm box located at the end of Mt. Pleasant Avenue in case their plan materializes, presented and read. Councilmen Van Duelman moved that the request be granted. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton. Nays—None. Petition of Fidelity and Deposit Company, by William Zumhof, Agent, requesting the cancellation of the Ex- cavation Bond of Nesler & Buechel as said firm has been dissolved, presented and read. Councilman Clark moved that the request be granted and that the City Clerk be instructed to notify Mr. William Zumhof of the action taken by the City Council. Seconded by Coun- cilman Thompson. Carried by the fol- lowing vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duedman, Wharton. Nays—None. Petition of Walter W. Paisley and Rebecca L. Paisley asking the City Council to reduce the assessment levied against Lot 2 of Lot 23 of Grandview Heights Addition to an amount not ex- ceeding $40.00, or, that the assessment be reduced to an amount as will be just and equitable under the facts and circumstances as set forth in their petition, presented and read. Council- man Clark moved to refer the petition to the City Manager and City Solicitor for investigation and report. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Verbal report of Cite Solicitor Kintz- inger, concurred in by City Manager Rhomberg, upon the petition of Walter W. Paisley and Rebecca L. Paisley pre- 24 Special Session, February 26th, 1940. sented and recommending that Walter W. and Rebecca Paisley be granted permission to pay the principal of the delinquent special assessment levied against Lot 2 of Lot 23 of Grandview Heights Addition by the payment of the principal plus 51yo straight interest per annum and advertising costs, the balance of interest and penalties to be waived and the County Treasurer to be instructed accordingly. Councilman Van Duelman moved that the verbal recommendation of City Solicitor Kintzinger, concurred in by City Man- ager Rhomberg, be approved and the County Treasurer to be instructed ac- cordingly. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton. Nays—None. Petition of John R. Blondin, et at, requesting the installation of a street light on Roosevelt Street midway be- tween the present lights located at Prescott Street and Jansen Street, pre- sented and read. Councilman Thomp- son moved that the petition be referred to the City Council to view the grounds. Seconded by Councilman Clark. Car- ried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Petition of M. J. Wells, advising Council that he contemplates the pur- chase of Lot 5 in Pinehurst Subdivision, and asking the City Council to cancel interest and penalties and charge a straight five per cent interest on the delinquent items, presented and read. Councilman Wharton moved that the petition be referred to the City Man- ager and City Treasurer for investiga- tion and report. Seconded by Council- man Clark. Carried by the following vote: Yeas—Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton. Nays—None. Petition of Lillian L. Hargus, re- ferred to the City Council by the Board of Supervisors, requesting suspension of the 1939 taxes on lot 1 of 1 of 1 of City Lot 667, preesented and read. Councilman Van Duelman moved to re - for the petition to the City Solicitor for investigation and report. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Petition of Conlan Hudson Company et at, Automobile Dealers of Dubuque, requesting the elimination of the one hour parking restriction in front of their respective places of busines on all cars bearing the Dealer's plates, pre- sented and read. Councilman Thomp- son moved to refer the petition to the City Council for further consideration. Seconded by Councilman Clark. Car- ried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Proof of publication, certified to by the publishers, of a statement of re- ceipts and also a list of claims for which warrants were drawn during the month of December, 1939, presented and read. Councilman Clark moved that the proof of publication be received and filed. Seconded by Councilman Thompson. Carried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. February 10, 1940. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen—I herewith submit the reports of the City Health, City Audit- or, City Treasurer, and City Water De- partment for the month of January, 1940, also a list of claims and list of payrolls for which warrants were drawn during the month of January, 1940. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Clark moved that the re- ports be received and placed on file. Seconded by Councilman Thompson. Carried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. February 26, 1940. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen—In compliance with your instructions, bids were taken for the printing of the index and the binding of the Council proceedings for the calen- dar year 1939. Two bids were received, that of the Times Hotel Register Co. for $94.75 and from the Telegraph -Her- ald for $95.50. Uncertainty has arisen regarding the 11uality of workmanship required in th- binding. For this reason I recommend that all bids be rejected. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Clark moved that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Mur- phy, Councilmen Clark, Thompson. Van Duelman, Wharton. Nays—None. Special Session, February 26th, 1940. 25 February 26, 1940. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen—Herewith is the written offer of the J. J. Nagle Estate by John Nagle of $100.00 for tax certificate No. 1927 for special assessment held by the City of Dubuque against Lot 2 of the West 116 feet of City Lot 703. Unless this property is redeemed by February 27, 1940, Dubuque County will acquire it by treasurer's deed and city's tax sale certificate 1927 will be wiped out. I recommend that the of- fer be accepted and the City Treasurer instructed to 'surrender Certificate No. 1927 upon the receipt of the money. Respectfully submitted, A. A. RHOMBERG, City Manager Councilman Wharton moved that the recommendation of City Manager Rhomberg be approved and the City Treasurer to be instructed to surrender Certificate No. 1927 to J. J. Nagle Es- tate, upon the payment of $100.00, this certificate being held by the City for special assessment against I,ot 2 of the West 116 feet of City Lot 703. Seconded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman,Whar- ton. Nays—None. February 26, 1940. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen—At the session of the City Council held January 2, 1940, the petition of Merlyn B. Kurt requesting that he be allowed the sum of $60.00 for the replacement and labor of the sanitary sewer connection from the main sewer to the curb at his property located at 874 South Grandview Ave- nue was referred to the City Manager and City Solicitor for investigation and report. We have investigated the case and find that the sanitary sewer connection from the main sewer to the curb was defective and recommend that the Au- ditor be instructed to draw a warrant in favor of Merlyn B. Kurt in the sum of $60.00 in full settlement of his claim. Respectfully submitted, A. A. RHOMBERG, City Manager. JOHN J. KINTINGER, City Solicitor. Councilman Clark moved that the recommendation of City Manager Rhomberg and Citv Solicitor Kintzing- er be approved and the City Auditor in- structed to draw a warrant in the amount of $60.00 in favor of Merlyn B. Kurt as settlement in full of his claim for the replacement and labor of the sanitary sewer connection at his prop- erty located at 874 South Grandview Avenue. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton. Nays—None. February 10, 1940. Honorable Mayor and City Council, Dubuque, Iowa. Re: Claim of Mary E. Hense. Gentlemen: With reference to the suit com- menced in the District Court of Du- buque County, Iowa, entitled No. 29340 Law, Mary E. Hense vs. the City of Dubuque, claiming $1,000.00 of the City of Dubuque for injuries susatined by plaintiff on or about August 30, 1939, when she fell in front of the Molo Oil Company on the North side of West 5th Street, between Main and Iowa Streets, at which time she received se- rious injuries, among which was a brok- en wrist and other injuries, for which injuries and expenses she has sued. I have invetigated this case and have consulted with the attorney for the plaintiff and after investigation, plain- tiff has agreed to accept $25.00 plus Court Costs in the amount of $5.95, for which plaintiff will dismiss said action, with prejudice and sign a release in full settlement of this claim. I would re- spectfully recommend that the claim be allowed in the sum of $25.00, plus $5.95 Court Costs, and that a warrant be is- sued payable to Earl Scharry, attorney for Mary E. Hense, in the sum of $25.00 and a warrant be issued payable to the Clerk of the District Court in the sum of $5.95, and that the same be delivered upon the execution by claim- ant of the inclosed Receipt and Release. Respectfully submitted, JOHN J. KINTZINGER City Solicitor. Councilman Thompson moved that the recomimendatio not City Solicitor Kintzinger be approved and the City Auditor instructed to draw a warrant in the amount of $25.00 in favor of Earl Scharry, Attorney for Mary E. Hense and also to draw a warrant in the amount of $5.95 in favor of Clerk of the District Court to cover court costs as seettlement in full of the claim and suit of Mary E. Hense, said warrants to be delivered upon the execution by claimant of a receipt and Release. Sec- onded by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. 26 Special Session, F February 10, 1940. Honorable Mayor and City Council, Dubuque, Iowa. Re: Applications for Tax Suspension. Gentlemen: I herewith return to you the follow- ing Applications for Suspension of Taxes for the year 1939: Josephine Flynn, 162 Locust St., N. M. 20 feet of City Lot 83. Catherine S. Lundbeck, Lot 242 Woodlawn Park Addition. John J. and H. L. Lundbeck, Lot 11 Cox Addition, and with reference thereto report as follows: That the City Council should approve the Petition of Josephine Flynn, and that the Board of Supervisors should be notified of said approval. With reference to the petition of Catheerine S. Lundbeck, and John J. and H. L. Lundbeck, Section 6950 of the Statute provides: "whenever a person, by reason of age or infirmity, is unable to contrib- ute to the public revenue, such person may file a Petition, duly sworn to, with the Board of Supervisors, stat- ing such facts, etc." These Petitions give as a reason "un- able to pay"; this is not in compliance with the Statute. The John J. and H. L. Lundbeck petition is signed by Catherine S. Lundbeck, and the law provides that the person owning the property may file a Petition, duly sworn to. Both of these Petitions are not in conformity with the law and I am therefore of the opinion that the same should not be approved by the Council. Respectfully submitted, JOHN J. KINTZINGER, City Solicitor. Councilman Van Duelman moved that the recommendation of City Solic- itor Kintzinger be approved and that the petition of Josephine Flynn request- ing suspension of the 1939 taxes on the N. M. 20 feet of City Lot 83 be grant- ed and the Board of Supervisors to be notified of the action of the City Coun- cil also that the petition of Catherine S. Lundbeck requesting suspension of the 1939 taxes on Lot 242 Woodlawn Park Addition and the petition of John J. and H. L. Lundbeck requesting suspension of the 1939 taxes on Lot 11 of Cox Ad- dition be denied, as said petitions do not conform with the Statute, and the Board of Supervisors to be notified of the action of the City Council. Sec- onded by Councilman Thompson. Car- ried by the following vote: Yeas— Mayor Murphy, Councilman Clark, Thompson, Van Duelman, Wharton. Nays—None. 26th, 1940. Ordinance No. 2-40. An ordinance amending and changing the Zoning Map of the City of Dubuque as pro- vided by Ordinance No. 3-34, desig- nated "Zoning Ordinance of the Cih, of Dubuque," so as to change to "Local Business District," certain defined ter- ritory now delimited as "Two -Family Residence District," and declaring an emergency, presented and read. Council- man Van Duelman moved that the read- ing just had be considered the first reading of the ordinance. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Mur- phy, Councilman Clark, Thompson,Van Duelman, Wharton. Nays—None. Councilman Van Duelman moved that the rules be suspended requiring an or- dinance to be read on three separate days. Seconded by Councilman Whar- ton. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman,Whar- ton. Nays—None. The ordinance was then read a second time. Councilman Van Duelman moved that the reading just had be considered the second read- ing of the ordinance. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. Councilman Van Duelman moved that the following places be selected as voting places for the General Municipal Flection to be held March 25th, 1940. Seconded by Councilman Thompson. Carried by the following vote: Yeas— Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays—None. 1st Precinct—No. 5 Engine House, Grandview Avenue and Bryant Street; 2nd Precinct—Washington Junior High School, Grandview Avenue and Dodge Street; 3rd Precinct—Franklin School, Jones and Bluff Streets; 4th Precinct— Court House, 7th Street and Central Avenue; 5th Precinct—Lincoln School, West 5th and Nevada Streets; 6th Pre- cinct—Irving School, Delhi and Irvin:. Streets; 7th Precinct—City Hall, 13th Street and Central Avenue; 8th Pre- cinct—Chamber of Commerce Building, 9th and Locust Streets; 9th Precinct— No. 1 Engine House, 18th Street and Central Avenue; 10th Precinct—Central High School Building, 15th and Locust Streets; 11th Precinct—Kohlman Build- ing, 15 East 21st Street; 12th Precinct —Fulton School, 2537 Central Avenue; 13th Precinct—Lemper Building, 2774 Jackson Street; 14th Precinct—Audu- bon School, Lincoln Avenue and John- son Street; 15th Precinct—Marshall School, 1450 Rhomberg Avenue. There being no further business, Councilman Wharton moved to ad- Special Session, Fel journ. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Murphy, Council- meen Clark, Thompson, Van Duelman, Wharton. Nays—None. J. J. SHEA, City Clerk. A .tApproved __1614--1940. Adopted _ -1+_1940. Councilm T-3-- - K-_ Attest: - City Clerk. )ruary 26th, 1940. 27 C W--� } 2s Regular Session, March 4th, 1940 29 City Council (Official.) Regular Session, March 4th, 1940. Council met at 7:55 P. M. Present—Mayor Murphy, Council- men Clark, Thompson, Van Duel - man, Wharton, City Manager Rhom- berg. Mayor Murphy stated that this is the regular monthly meeting of the City Council for the purpose of act- ing upon such business as may pro- perly come before the meeting. Councilman Thompson m o v e d that the rules be suspended for the purpose of allowing any one present in the Council Chamber, who wish- es to do so, to address the Council. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Council- men Clark, Thompson, Van Duel - man, Wharton. Nays—None. Mrs. Frank Kurt addressed the Council requesting that the Daugh- ters of C i v i l War Veterans be granted a permit for the holding of Flag Tag Day on June 8, 1940. Councilman Clark moved that the request be granted. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Council- men Clark, Thompson, Van Duel - man, Wharton, Nays—None. Mr. Al Wunder addressed the Council stating that on account of the erection of the water reservoir at West Third Street and College Street that his property has deprec- iated in value and that he is unable to dispose of the same at a fair price and requests the City Council to assist him in disposing of his property or that the City purchase the same from him. Councilman Clark moved that the verbal request of Mr. Al Wunder be referred to the City Council to view the grounds. Seconded by Council- man Wharton. Carried by the fol- lowing vote: Yeas—M a y o r Murphy, Council- men Clark, Thompson, Van Duel - man, Wharton. Nays—None. Communication of Tri-State Elee. tric Construction Co., et al, submit, Ling addition to the Electrical Or, dinance, requesting that said ordin- ance be given Council consideration and that said ordinance be adopted, presented and read. Mr. A. J. Sta• pleton and Mr. George Kennelly ad dressed the Council stating that the reason for presenting the additiU to the Electrical Ordinance was fol the better protection of life and pro- perty and requested that said ordin- ance be adopted. Mr. John A. Cun- ningham addressed the Council sug- gesting that Council give considera- tion to the appointment of a con- sumer member on the examining board, as proposed, in the addition to the Electrical Ordinance. Councilman Thompson moved that the communication of Tri- State Electric Construction Co., et al, and the proposed addition to the Electrical Ordinance be referred to the City Solicitor for investigation and report. Seconded by Council- man Clark. Carried by the follow- ing vote: Yeas—M a y o r Murphy, Council- men Clark, Thompson, Van Duel - man, Wharton. Nays—None. Notice of Claim of Mrs. Wm. Rowe in the amount of $100.00 for personal injuries sustained in a fall on icy crossing at Spruce Street and Julien Avenue presented and read. Councilman Clark moved to refer the Notice of Claim to the City So- licitor for investigation and report. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas—M a y o r Murphy, Council- men Clark, Thompson, Van Duel - man, Wharton. Nays—None. Notice of Claim of Lena Ober - miller in the amount of $350.00 for personal injuries sustained in a fall on icy crossing at the corner of 12th Street and Central Avenue present- ed and read. Councilman Van Duelman moved to refer the Notice of Claim to the City Solicitor for investigation and report. Seconded by Councilman Wharton. Carried by the following vote: Y e a s—Mayor Murphy, Council- men Clark, Thompson, Van Duel - man, Wharton. Nays—None. Original Notice of Suit of Jack- son M. Sprague, Plaintiff, vs. City of Dubuque, Defendant, in the amount of $1,000.00 and interest thereon from January 22, 1940, at 5 per cent, presented and read. Councilman Clark moved to refer the Original Notice of Suit to the City Solicitor for investigation and report. Seconded by Councilman Thompson. Carried by the follow- ing vote: Y e a s—Mayor Murphy, Council- men Clark, Thompson, Van Duel - man, Wharton. Nays—None. C(?m,In nication of John H. Wei- mer announcing his candidacy for reappointment on the Local Board of Iteview presented and read. 30 . Regular Session, March 4th, 1940 Councilman Clark moved to refer the communication to the City Council. Seconded by Councilman Thompson. Carried by the follow- ing vote: Y e a s—Mayor Murphy, Council- men Clark, Thompson, Van Duel - man, Wharton. Nays—None. Petition of Carl A. Clark request- ing a refund in the amount of $25.00 on his cigarette permit, as he has discontinued business as of Jan- uary 3, 1940, presented and read. Councilman Wharton moved that the request be granted and that the City Auditor be instructed to draw a warrant in the amount of $25.00 in favor of Carl A. Clark to cover the amount of refund granted. Sec- onded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Murphy, Council- men Thompson, Van Duelman, Wharton. Nays—None. Councilman Clark not voting. Petition of Dubuque Printing Pressmen and Assistants Union No. 225 requesting a permit to sponsor a carnival to be held at the grounds outside the Athletic Field on the Fourth Street Extension, the ten- tative dates selected are from May 13th up to and including Sunday, May 19, 1940, presented and read. Councilman Van Duelman moved that the request be granted. Sec- onded by Councilman Thompson. Councilman Wharton moved that the motion of Councilman Van Duel - man be amended and that the re- quest be granted upon payment of fees. The amended motion of Coun- cilman Wharton received no sec- ond. The original motion of Conn. cilman Van Duelman carried by the following vote: Yeas—Mayor Murphy, Council men Clark, Thompson, Van Duel - man. Nays—None. Councilman Wharton not voting. Petition of Ladies' Auxiliary to Leo Schwind Post No. 508, Veterans of Foreign Wars, requesting per- mission for the holding of a Poppy Day Sale on May 18, 1940, present- ed and read. Councilman Clark moved that the request be granted. Seconded by Councilman Van Duelman. Carried by the following vote: Y e a s—Mayor Murphy, Council- men Clark, Thompson, Van Duel - man, Wharton. Nays—None. Petition of Sarah Koehler, re. ferred to the City Council by the Board of Supervisors, requesting suspension of the 1939 taxes on Lot 15 of Jackson School Subdivi- sion, presented and read. Councilman Clark moved to refer the petition to the City Solicitor for Investigation and report. Seconded by Councilman Thompson. Carried by the following vote: Y e a s—Mayor Murphy, Council. men Clark, Thompson, Van Duel. man, Wharton. Nays—None. Ordinance No. 2-40. An ordin. ance amending and changing the Zoning Map of the City of Dubuque as provided by Ordinance No. 3-34, designated "Zoning Ordinance of the City of Dubuque", so as to change to "Local Business District" certain defined territory now de. limited as "Two -Family Residence District," and declaring an emerg- ency, said ordinance having been passed upon first and second read- ings on February 26, 1940, present. ed and read a third time. Ordinance No. 2-40 An ordinance amending and changing the Zoning Map of the City of Dubuque as provided by Or- dinance No. 3-34, designated "Zon- ing Ordinance of the City of Du- buque," so as to change to "Local Business District" certain defined territory now delimited as "Two. Family Residence District," and de- claring an emergency. WHEREAS, it is deemed advis- able by this Council to amend the Zoning Map of the City of Dubuque as provided by Ordinance No. 3-34 designated as "Zoning Ordinance of the City of Dubuque" so as to change to "Local Business District" certain defined territory now delim- ited as "Two -Family Residence Dis- trict"; and WHEREAS, notice of such pro- posed change has been published as provided by law and an opportunity afforded to all interested parties to object thereto at a public meeting held at 7:30 o'clock p. m., February 26, 1940; and WHEREAS, no objections have been filed or made to the proposed changes; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DU- BUQUE: Section 1. That the Zoning Map be, and the same is hereby amend- ed and changed as follows: by changing from "Two -Family Resi- dence District" to "Local Business District" the area described as fol- lows: "Commencing at the Westerly end of the present Local Business District at Dodge and Bluff Streets at a point 100 feet Northerly of the Northerly property line of Dodge Regular Session, March 4th, 1940 31 Street, thence Westerly parallel to, C o u n c i l Proceedings for the and 100 feet Northerly from, the month of January, 1940, presented Northerly property line of Dodge for approval. Street to the Easterly line of Lot 1 Councilman Clark moved that of 2 of Mineral Lot 66, thence the Council Proceedings for the Southerly to the center line of month of January, 1940, be ap- Dodge Street, thence Westerly proved as printed. Seconded by along the center line of Dodge Councilman Wharton. Carried b',✓ Street to a point 328 feet Westerly the following vote: of the Westerly line of the South- Y e a s—Mayor Murphy, Council- erly 100 feet of Lot 2 of 2 of Min- men Clark, Thompson, Van Duel- eral Lot 66, thence Northerly to a man, Wharton. point 100 feet Northerly from the Nays—None. Northerly property line of Dodge March 4, 1940. Street, thence Westerly 384 feet To the Honorable Mayor and City along a line parallel to, and 100 feet Council, Northerly from, the Northerly pro- Dubuque, Iowa. perty line of Dodge Street, thence Gentlemen: —At the session of Southerly to the center line of the City Council held December 26, Dodge Street, thence Easterly 1939, I was instructed to confer along the center line of Dodge with A. J. Stapleton on the matter Street, to the center line of Bryant of his claim for repair of the sewer Street, thence Southerly along the connection in front of his residence center line of Bryant Street to a at 864 South Grandview Avenue. point 100 feet Southerly from the The claim was received at the No - Southerly property line of Dodge vember 27th meeting and reported Street, thence Easterly on a line on December 19, 1939. parallel to, and 100 feet Southerly from, the Southerly property line of Pursuant to your instructions I Dodge Street to the Westerly end have met with Mr. Stapleton and of the present Local Business Dis- find that the sanitary sewer connec- the trict at Dodge and Bluff Streets, tion from the main sewer to curb was defective and recommend thence Northerly along the Wester- that the Auditor be instructed to ly end of the present Local Busi- draw a warrant in favor of A. J. ness District at Dodge and Bluff Stapleton in the amount of $60.00 in Streets to the point of beginning." full settlement of his claim. Sec. 2. This ordinance being Respectively submitted, deemed urgent and of immediate necessity shall be in force and ef- A. A. RHOMBERG, feet from and after its final pass City Manager. age, adoption and approval by the Councilman Wharton moved that City Council and publication as pro- the recommendation of City Man- vided by law. ager Rhomberg be approved and Passed upon. first and second that the City Auditor be instructed to draw a warrant in the amount of readings this 26th day of February, $60.00 in favor of A. J. Stapleton 1940. as settlement in full of his claim for Passed, adopted and approved repair of the sewer connection in this 4th day of March, 1940. front of his residence at 864 South CEO. R. MURPHY, Grandview Avenue. Seconded by Mayor. Councilman Clark. Carried by the FRANK VAN DUELMAN, following vote: ALBERT WHARTON, Yeas—Mayor Murphy, Council- } CARL A. CLARK, men Clark, Thompson Van Duel- , F. W. THOMPSON, man, Wharton. Councilmen. Nays—None. i Attest: J. J. SHEA, March 4, 1940. City Clerk. To the Honorable Mayor and City Published officially in The Tele- Council, Dubuque, Iowa. graph -Herald newspaper this 6th Gentlemen: —At the session of day of March, 1940. the City Council held February 26, J. J. SHEA, 3-6-1T. City Clerk. 1940, the petition of John R. Blon- din et al requesting the installation Councilman Van Duelman moved street light on Roosevelt Street the adoption of the ordinance. Sec- of a mid -way between the present lights onded by Councilman Clark. Car- located at Prescott and Jansen ried by the following vote: Streets was referred to the Council Y e a s—Mayor Murphy, Council- to view the grounds. did so view the men Clark, Thompson, Van Duel- The Council the same evening and de- man, Wharton. grounds tided to grant the petition. I rec. Nays—None. 32 _ Regular Session, March 4th, 1940 ommend that the action of the Council in granting the petition be confirmed. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Van Duelman moved that the decision of the City Coun- cil be confirmed. Seconded by Coun- cilman Clark. Carried by the fol- lowing vote: Y e a s—Mayor Murphy, Council- men Clark, Thompson, Van Duel - man, Wharton. Nays—None. Resolution No. 10-40 A resolution in relation to the ap- propriation of the consolidated tax levy in ratio, as provided by law, for the fiscal year beginning April 1, 1940, and ending March 31, 1941. Whereas, the City Council of thb City of Dubuque has heretofore caused to be levied a consolidated tax in accordance with the provis- ions of Section 6217 of the Code of Iowa 1935, included within which are the taxes for the General, Grad- ing, Improvement, Sewer and Light Funds, and the estimated revenue to be derived from such tax has been determined to be $233,305.00, and it is now deemed necessary and advisable to determine the ratio upon which such funds and pur- poses included therein: NOW, THEREFORE, Be it Resolved by the City Coun- cil of the City of Dubuque that the estimated revenue from the 'consol- idated tax levy be and the same is hereby appropriated in the ratio herein appointed to the General Grading, Improvement, Sewer and Light funds, such sums to be set aside for the use of each of such funds, as provided by law, as fol- lows: General Fund ....................$167,933.00 Grading Fund .................... 10,000.00 Improvement Fund .......... 14,000.00 Sewer Fund ........................ 21000.00 Light Fund ........................ 39,372.00 Total ................................$233,305.00 Be it further resolved, that the estimated revenue to be derived from the tax upon agricultural lands within the City be appro- priated in the sum of $105.00 to the General Fund, making the total of said General Fund $168,038.00. Be it further resolved that the provisions of this resolution are de- clared to be necessary as in the preservation of the best interests of the City of Dubuque and the same shall take effect and be in force from and after the adoption hereof by the City Council, as provided by law. Passed, adopted and approved this 4th day of March, 1940. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Clark. Car- ried by the following vote: Y e a s—Mayor Murphy, Council- men Clark, Thompson, Van Duel - man, Wharton. Nays—None. March 1, 1940. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: — In accordance with the provisions of law, as City Man- ager, I have prepared an annual budget for the fiscal year April 1, 1940 to March 31, 1941, based upon estimated income and expenses for the various departments of the City of Dubuque, including certain changes as were approved and auth- orized by the City Council. These estimates show departmental ap- propriations for each department for the preceding year (1939-40) and also the increases or decreases, as were determined for the ensuing year (1940-1941). This budget is submitted to the City Council for tentative approval and the same will be published as required by law in order that ob- jections thereto may be made be. fore final action is taken on this budget by the City Council. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Van Duelman moved that the communication of City Manager Rhomberg be received and made a matter of record. Seconded by Councilman Wharton. Carried by the following vote: Y e a s —Mayor Murphy, Council- men Clark, Thompson, Van Duel - man, Wharton. Nays—None. Regular Session, March 4th, 1940 33 OFFICIAL NOTICE OF THE PROPOSED ANNUAL BUDGET PRE- PARED BY THE CITY MANAGER AND CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, FOR THE FISCAL YEAR, 1940-41 Notice is hereby given that the City Manager of the City of Du- buque has prepared a budget on the basis of estimates of the ex- penses of the various departments of said City for the fiscal year beginning April 1, 1940, and ending March 31, 1941, and such de- partmental estimates show expenses of each department for the pre- ceding year in addition thereto, the City Council has caused to be prepared a budget for said fiscal year on the basis of estimates of the expenses of the several departments of said City, such estimates showing therein not only the purpose for which the consolidated tax levy authorized by Section 6217 of the Code of Iowa 1935 is to be used, but in addition thereto, the purpose for which all other tax levies heretofore made are to be used, including revenues from miscellaneous sources, the apportionment of the consolidated tax levy having hereto- fore been determined by said Council and incorporated in a resolution for such purpose. This budget will be considered for final adoption by the City Council at a special meeting to be held in the Council Chamber at the City Hall on the 20th day of March, 1940, at 7:30 o'clock p. m. Any taxpayer objecting thereto or protesting to the same, or to any item thereof, or any omission therefrom, shall pre- sent his objections to said Council on or before that date. This notice is given pursuant to the direction of the City Council. 3-5--1T. J. J. SHEA, City Clerk. PROPOSED BUDGET FOR THE CITY OF DUBUQUE, IOWA, FOR THE FISCAL YEAR 1940-41 Distribution of Consolidated Tax Levy $167,933.00 General Fund ......... _ _ __ Grading Fund ...... ... __.................................... 10,000.00 Improvement Fund ..... ... 14,000.00 Sewer Fund - 2,000.00 ................ . Light Fund ........... 39,372.0 _ $233,305.00 Total ............... _................_ ... . SOURCES OF REVENUE FOR 1940-41 FISCAL OPERATION A. From Taxes and Moneys and Credits LeN Regular Jl��n� �_ .n..l Fund— l�� ern, rax Consolidated G.R78 $227,429.00 $ 5,876.00 T, I a $233,305.00 ................... Bond Interest .................. 0.708 23,411.00 605.00 59,519.00 1,538.00 24,016.00 61,057.00 Bond Retirement ............1.800 3.423 113,186.00 2,924.00 116,110.00 Fire Maintenance ............ Fire Equipment ............. 0.370 12,234.00 316.00 12,550.00 Garbage Disposal and 0.493 16.,302.00 421.00 16.,723.00 St. Cleaning ................ 0.616 20,369.00 526.00 20,895.00 Park .................................... Police Pension ................ 0.399 13,193.00 341.00 539.00 13,534.00 21,404.00 Fire Pension ......... _.._.... 0.631 20865.00 0.791 26,,155.00 676.00 26,831.00 Library Operation 0.493 16,302.00 421.00 16,723.00 Main Sewer ._ _ - Playground and Swim320.00 0.375 12,400.00 12,720.00 ming Pool ........ _ __... 0.492 16,269.00 420.00 16,689.00 Dock Operation ............. Dock Bond and Interest 1.053 34,818.00 900.00 35,718-00 Snow Removal .............. 0.167 5,522.00 143.00 32,636.00 843.00 33,479.00 Emergency ........................ 0.987 Subtotals ................... 19.676 $650,610.00 $ 16,809.00 419.00 $667,105.00 $ 0500 Road Tax on Agricultural Lands (General Fund). Library Tax on Agricultural Lands (Library Fund) . Grand Total Receipts from Taxes as Levied August, 1939 $667,590.00 The above estimate is based on a revised taxable value of $33,913,- upon which 753.00, which is the assessed value for 1940-41 operation and credits equal the 19.676 mill levy and the adjustment of moneys agricultural lands to $16,809.00 amounts to $667,419.00, plus taxes on flour the County equal to $171..00, totals $667,590.00, as obtained Auditor. 34 Regular Session, Marcy 4th, 1940 The millage for 1939-40 operation was 19.766 mills on a taxable valuation (100°h of assessed value) of $33,362,735.00 amounting to $643,479.00, plus Moneys and Credits of $15,953.00, plus taxes on Agricultural lands of $172.00, totalling $659.604.00. GENERAL MISCELLANEOUS REVENUES B. From Miscellaneous Sources, 1940-41 Excavation Permits . ........... _ ... _ .......... $ 100.00 Police Court Returns ................. _ _. 91000.00 ElectricalPermits............................................................................. 1,600.00 Plumbing Permits............................................................................... 1,400.00 BuildingPermits................................................................................ 1,800.00 FranchiseTax..................................................................................... 600.00 ScaleFees.............................................................................................. 200.00 State Highway Maintenance............................................................ 2,790.00 Sale of Real Property..................................................................... 500.00 DietingPrisoners................................................................................ 100.00 Ambulance Fees............................................................................. 1,200.00 DogLicenses........................................................................................ 700.00 Business Licenses............................................................................ 4,000.00 Miscellaneous Rentals .................................................... ............... 700.00 Cigarette Permits............................................................................... 12,000.00 BeerPermits..................................................................................... 20,000.00 Miscellaneous Sales............................................................................ 360.00 Swimming Pool Receipts................................................................ 2,500.00 Milk Inspection Fees......................................................................... 1,700.00 Department Receipts.................................................................... 2,500.00 Board of Education (Nurse) ........................ ........................... 1.250.00 Total General Miscellaneous Receipts. .... .... ..... ... ... ... $ 65,000.011 LIBRARY FUND Fines, Book Rentals, etc. ... .... ....$ 1,500.00 PARK FUND Estimated Balance April 1, 1940._ ___ _ ......$ 11000.00 Collections, Concessions, etc . ...................................................... 750.00 Total ...._ ....................................... _ $ 1,750.00 PLAYGROUND AND SWIMMING POOL FUND Board of Education (Playgrounds) ............. $ 2,000.00 SkatingReceipts................................................................................ 200.00 Athletic Field Fees............................................................................ 375.00 Total............................................................................................$ 2,575.00 DOCK FUND WharfageFees....................................................................................$ 1,300.00 Harbor Rentals, Leases, etc............................................................. 960.00 Total....................................... ...........................$ 2,260.00 POLICE PENSION FUND Estimated Balance April 1, 1940 ..................................................$ 201.00 Contributions from Members.......................................................... 1,000.00 Total ......................................$ 1,201.00 ..................................... FIRE PENSION FUND Estimated Balance April 1, 1940 ................................................J..$ 4,059.00 Contributions from Members........................................................ 1,300.00 Total ........................................ $ 5,359.00 Total Estimated Miscellaneous Revenues .......... ...............$ 79,645.00 Total Taxes, Moneys and Credits ........... ............................. $667,590.00 Total Estimated City Revenue .............................. ...$747,235.00 Regular Session, March 4th, 1940 35 WATER WORKS DIVISION (Self Supporting) Estimated Balance April 1, 1940 $ 10,000.00 Estimated 1940-41 Water Revenue _ _. 150,450.00 Total ........................... _ _. $160,450.00 Estimated Grand Total Cit. Revenue and Water Division .................. __.............. $907,685.00 CITY OF DUBUQUE, IOWA APPROPRIATIONS FOR THE FISCAL YEAR APRIL 1, 1940 TO MARCH 31, 1941 GROUP I-GENERAL ADMINISTRATION (General Fund) -11,proprit>.tiuus :\l,pngniutium 1939-40 Protwse,1 1940-41 Item 101-Council B. Travel ............ ..._ .. .. .......$ 175.00 $ 175.00 J. Miscellaneous ......_ _ _ _... 25.00 25.00 Totals ......................... _. _ _ _ __ $ 200.00 $ 200.00 Item 102-City Manager's Office A. Salary City Manager (80%) _ _ *$ 4,800.00 *$ 4,800.00 A. Salary Secretary ... _ . _ _ 1,800.00 1,800.00 A. Salary Stenographer _ _ _ . 1,440.00 1,440.00 B. Travel ....... . _. . _ _ _ _ _ _ 100.00 100.00 C. Of ee .........._. _ _ _ _ 125.00 125.00 D. Printing _...... 15.00 15.00 F. Maintenance ............ ._ __ _ 200.00 200.00 G. Material and Supplies _ ._ _ 325.00 325.00 Totals ........ ......... .. _ _ $ 8,805.00 $ 8,805.00 Item 103-City Clerk's Office A. Salary City Clerk _. _ _ __ $ 2,500.00 $ 2.500.00 A. Salary Extra. Llelp _ 150.00 150.00 G. Material and Supplies __ __ __....._ 75.00 75.00 Totals $ 2,725.00 $ 2,725.00 Item 104-City Auditor's Office A. Salary City Auditor (80%)....... ........*$ 1,960.00 *$ 1,960.00 .. F. Maintenance................ . ........................ 50.00 100.00 50.00 100.00 G. Material and Supplies ...... ................... Totals .... _... __.. _............ ........... $ 2.110.00 $ 2,110.00 Item 105-City Treasurer's Office *$ 1,920.00 A. Salary City Treasurer (80%)...............*$ 1,920.00 500.00 A. Salary Stenographer (50%).................... 500.00 25.00 D. Printing and Advertising ....................... 25.00 25.00 F. Maintenance ............. 25.00 150.00 150.00 G. Material and Supplies ............................. 50.00 50.00 I. Surety Bond .... .... ... .............................................. Totals............ 2,670.00 $ 2,670.00 (*Note: 20% of Salaries of City Manager, City Auditor and City Treastu•er are Paid directly by Water Dept.) Item 106-City Solicitor's Office :\pprutniuliuus :\l,p up 0iil im" 1939-40 3,500.00 Py,q--d 1!010.41 $ 3.800.00 A. Salary City Solicitor .._ . __ _ _...........$ 40.00 40.00 B. Travel.... ___. .... 40.00 40. 1 C. Office ...................................... 55.00 85.00 G. Material and Supplies .. _ _... $ 3.965.00 $ 3,965.00 Totals .................... .. Item 108-City Assessor's Office $ 1.500.00 A. Salary City Assessor - - $- 1,125.00 A. Salary Deputy Assessors 25.00 25.00 G. Material and Supplies 600.00 600.00 J. Board of Review . $ 625.00 $ 3,250.00 Totals 36 Regular Session, March 4th. 1940 Item 109 -Civil Engineer's Office 118 -Police Department (General Fund) A. Salary Rodman .........................................$ 11500.00 $ 11500.00 C. Office.............................................................. 10.00 A. 10.00 E. Equipment .................................................. 50.00 A. 50.00 F. Maintenance ................................................ 500.00 A. 500.00 G. Material and Supplies ............................. 500.00 A. 500.00 5,580.00 Totals ......................................................$ 2,560.00 $ 2,560.00 Item 113 -City Elections ( 2) @ $145.00 3,480.00 A. A. Salaries Clerks, etc ..... ........ ....................$ 500.00 $ 500.00 G. Material and Supplies .............................. 400.00 400.00 J. Rents ......................................................... 50.00 2,400.00 50.00 Salaries Special Officers.. Totals ...................................................$ 950.00 $ 950.00 Item 114 -City Buildings 50.00 50.00 A. Salaries Janitor.. .......................................$ 2,000.00 $ 2,000.00 E. Equipment ............................................... 1,500.00 11500.00 F. Maintenance and Repairs ...................... 2,500.00 2,500.00 G. Material and Supplies .............................. 1,000.00 11000.00 H. Heat and Light .......................................... 2,900.00 2,900.00 I. Insurance (3 Year) .................................. ................ 550.00 J-2. Totals .....................................................$ 9,900.00 $ 10,450.00 Item 115 -Police Court Totals ............................$ 77,905.00 $ 77,965.00 A. Salary Police Judge ..................................$ 1,500.00 $ 1,500.00 G. Material and Supplies .............................. 15.00 $ 2,760.00 15.00 Salaries Sen'r Capt'ns (2) Totals .....................................................$ 1,515.00 $ 1,515.00 Item 116 -Civil Service Commission 9,300.00 ( 5) @ $155.00 9,300.00 G. Material and Supplies ..............................$ 50.00 $ 50.00 J. Miscellaneous .............................................. 50.00 ( 4) @ $145.00 50.00 A. Totals ..................................................... $ 100.00 $ 100.00 Subtotals Group 1, General Admin- A. istration .... _........................$ 36,125.00 $ 39,300.00 GROUP II -PROTECTION OF LIFE AND PROPERTY Item 118 -Police Department (General Fund) Rate Per Mo. A. Salary Chief of Police .... $ 2,700.00 ( 1) @ $230.00 $ 2,760.00 A. Salary Senior Capt'n (1) 2,100.00 ( 1) a $175.00 2,100.00 A. Salaries Captains (2)...... 3,720.00 ( 2) n $155.00 3,720.00 A. Salaries Detectives (4).... 7,200.00 ( 4) a $150.00 7,200.00 A. Salaries Desk Serg'ts (3) 5,580.00 ( 3) @ $155.00 5,580.00 A. Salaries Motorcycl'ts (2) 3,480.00 ( 2) @ $145.00 3,480.00 A. Salaries Patrolmen (25) 42,000.00 (25) n $140.00 42,000.00 (After First Year) A. Salaries Matrons (2)........ 2,400.00 ( 2) Of $100.00 2,400.00 A. Salaries Special Officers.. 100.00 100.00 B. Travel .................................. 50.00 50.00 C. Office .................................... 425.00 425.00 D. Printing .............................. 50.00 50.00 E. Equipment .......................... 2,000.00 2,000.00 F. Maintenance ...................... 2,200.00 2,200.00 G. Material and Supplies...... 2,700.00 2,700.00 J-1. Feeding Prisoners .............. 900.00 900.00 J-2. Miscellaneous (injuries).. 300.00 300.00 Totals ............................$ 77,905.00 $ 77,965.00 Item 119A -Fire Department Maintenance Fund A. Salary Fire Chief ..............$ 2,760.00 ( 1) @ $230.00 $ 2,760.00 A. Salaries Sen'r Capt'ns (2) 3,960.00 ( 2) Of $165.00 3,960.00 A. Salaries Captains (5)...... 9,300.00 ( 5) @ $155.00 9,300.00 A. Salaries Lieutenants (7) 12,180.00 ( 7) @ $145.00 12,180.00 A. Salaries Engineers (4).... 6,960.00 ( 4) @ $145.00 6,960.00 A. Salaries Firemen (34)...... 58,800.00 (34) @ $140.00 58,800.00 (After First Year) A. Salaries Firemen (2)........ 3,000.00 ( 2) @ $125.00 3,000.00 (During First Year) B. Travel ................................. 50.00 50.00 M Regular Session, March 4th, 19=40 37 C. Office .................................. 650.00 650.00 D. Printing .............................. 35.00 35.00 F. Maintenance ........................ 2,600.00 2,600.00 F. Repairs to Buildings.......... 7,000.00 7,000.00 G. Material and Supplies...... 2,700.00 2,700.00 H. Heat, Light ............... I........ 3,300.00 3,300.00 I. Insurance ........................... 200.00 200.00 J-1. Miscellaneous (Injuries).. 1,200.00 1,200.00 J-2. Interest on Warrants........ 160.00 160.00 J-3. Reserve for Emergency.... 1,747.00 1,255.00 Totals ... _ _ _ _ _ $116,602.00 $116,110.00 Item 1198-Fire Equipment Fund E. Equipment .................. _ _ $ 12,510.00 $ 12,550.00 Item 120-Fire and Police Alarm (General Fund) A. Salary City Electrician .... ................. $ 1,950.00 $ 1,950.00 A. Salary Asst. City Electrician.................. 1,800.00 1,800.00 A. Salary Extra Help .............. 100.00 100.00 eC. Office............................................................. 100.00 150.00 100.00 150.00 E. Equipment .................................................... 150.00 150.00 F. Maintenance.............................................. G. Material and Supplies .............................. 200.00 200.00 H. Heat, Light and Power ............................ 200.00 00.00 240.00 I. Insurance (3 Year).......... ............ ................ Totals......................................................$ 4,650.00 $ 4,690.00 Item 121-Building Commissioner's Office (General Fund and Miscel- laneous General Revenues) A. Salary Building Commissioner ........... ..*$ 3,000.00 *$ 3,000.00 A. Salary Stenographer (20% Time).......... 200.00 200.00 25.00 C. Office.............................................................. 25.00 150.00 150.00 F. Maintenance................................................ G. Material and Supplies 100.00 100.00 Totals ..............................$ (General Fund-$1,675.00; Fees-$1,800.00) 3,475.00 $ 3,475.00 (Note: Includes Civil Engineering Duties.) v Item 122-Plumbing Inspector's Office (General Fund and Miscellane- ous General Revenues)2,1G0.00 2,160.00 $ A. Salary Plumbing Inspector ......................$ A. Salary Stenographer (15% Time)........ 150.00 150.00 25.00 C. Office ................................................... _.... 25.00 15.00 15.00 D. Printing........................................................ G. ;Material and Supplies ............... ........ 50.00 30.00 50.00 30.00 J-1. Plumbing Board .......................................... 2,430.00 $ 2,430.00 ............................................. . Totals......$ (General Fund-$1,030.00; Fees-$1,400.00.) Item 123-Electrical Inspector's Office (General Fund and Miscellane- ous General Revenues) •, •,.,0) 00 $ 2,220.00 A. Salary Electrical Inspector..... _ - -- 100.00 150.00 A. Salary Stenographer (15% Time)...- - 25.00 25.00 C. Office........................................................... 15.00 15.00 D. Printing...................................................... 175.00 175.00 F. Maintenance.......... ........ ..... _............. _ .. 100.00 100.00 G. Material and Supplies ......•................ .... - ......$ 2,685.00 $ 2,685.00 Totals...................................... ... 11 (General Fund-$1,085.00; Fees-$1,600.00.) Item 124-Dog Pound (Miscellaneous General Revenues) 150.00 150.00 J. Enforcement Dog Ordinance .... __. _,$ Subtotals Group 1I, Protection of Life $220,407.00 $220,055.00 and Property ... ........ GROUP III-HEALTH AND SANITATION Item 125-Health Operation (General Fun d) 1,800.00 $ 1,800.00 A. Salary Director (Part Time)...... 1,450.00 1,450.00 A. Salary Sanitary Inspector - - 1,080.00 1,080.00 A. Salary Clerk ........ .._ 1,080.00 1.080.00 A. Salary Restaurantlnspector M 38 Regular Session, March 4th, 1940 A. Salary Head School Nurse (10 Mo.).... 1,700.00 1,700.00 A. Salary School Nurse ................................ 1,400.00 1,400.00 A. Salary School Nurse ............................. 1,350.00 1,350.00 A. Salary School Nurse ............................... 1,250.00 1,250.00 B. Travel.......................................................... 50.00 50.00 C. Office........ .................................................... G. Material and Supplies ............................ D. Printing ...................... ................. .... .. . .... ..... 50.00 50.00 E. Equipment ................................................... 50.00 50.00 E. Maintenance (2 cars) ................................ 250.00 250.00 G. Material and Supplies ................................ 400.00 400.00 J-1. Laboratory Expense ............................... 900.00 900.00 J-2. Miscellaneous ............................................ 100.00 100.00 A. Totals ............................................. $ 13,060.00 $ 13,060.00 Item 126 -Control of Contagious Diseases Maintenance ............................................. 100.00 J. Control of Contagious Diseases ..... ... . $ 1,200.00 $ 1,200.00 Item 127 -Sewer Maintenance (Main Sewer Fund) A. Salary Sewer Foreman ........................... $ 1,800.00 $ 1,800.00 A. Wages Laborers ........................................ 8,500.00 8,500.00 E. Equipment .......................................... I 1 500.00 500.00 F. Maintenance ................................................ 700.00 700.00 G. Material and Supplies ..... .................... 300.00 300.00 J-1. Power for Sewer Pumps ........................ 1,300.00 1,300.00 Totals ..................................................... $ 13,100.00 $ 13,100.00 Item 128 -Garbage Disposal (General Fund) J. Contract for Garbage Collection and Item 134 -Ash and Can Collections (General Fund) A. Wages Drivers and Laborers ...............$ 8,000.00 $ 8,000.00 Disposal ............................ ........................... $ 18,000.00 $ 15,490.00 Item 129 -Milk Inspection (General Fund and Miscellaneous General Revenues) A. Salary Milk Inspector ...... ............... $ 1,800.00 $ 1,800.00 E. Equipment ................................... .............. 160.00 160.00 F. Maintenance of Inspector's Cal ............... 300.00 300.00 G. Material and Supplies ............................ 100.00 100.00 Totals ..................................................... $ 2,360.00 $ 2.360.00 (Milk Inspector's Fees -$1,700.00; General -$660.00). Subtotals Group III, Health and Sanitation ..................................... $ 47,720.00 $ 45.210.00 GROUP IV -HIGHWAYS AND STREET LIGHTS Item 131 -Highways Administration (General Fund) A. Salary Timekeeper ..... ............................. $ 1,800.00 $ 1,800.00 F. Maintenance ............................................. 100.00 100.00 G. Material and Supplies ..... _...................... 150.00 150.00 Totals ......................................................$ 2,050.00 $ 2.050.00 Item 132 -Street Repairing and Grading (General Fund and Grading Fund) A. Wages Laborers ........................................$ 15,000.00 $ 15,000.00 E. Equipment .................................................... 4,500.00 4,500.00 F. Maintenance .......................................... 4,500.00 4,500.00 G. Material and Supplies ............................. 5,500.00 5,500.00 Totals ...................................................$ 29,500.00 $ 29,500.00 (General -$24,500.00; Grading -$5,000.00.) Item 133 -City Garage (General Fund) A. Salary Head Mechanic . ..................... $ 2,300.00 $ 2,300.00 A. Salary Mechanics ...... ..... .. _. __....--. 5,200.00 5,200.00 C. E. Office .................................... . . . ..... ................. Equipment 75.00 75.00 F. ............................ ................... Maintenance on Garage ......................... 500.00 400.00 500.00 400.00 G. Material and Supplies ........................... 325.00 325.00 H. Heat, Light, Power ............. ...I................. 2,500.00 2,500.00 I. Insurance on Garage ...... I ..... ................ 1. 50.00 50.00 Totals .............................. ..._.....$ 11.350.00 $ 11,350.00 Item 134 -Ash and Can Collections (General Fund) A. Wages Drivers and Laborers ...............$ 8,000.00 $ 8,000.00 Totals ... .. $ 2,086.00 $ 2,090-00 Item 144B -Park Areas, Buildings, etc. $ 10,500.00 $ 10,500.00 A. Wages of Laborers . _ 2,000.00 C. Forestry_ 2,000.00 ........ _ _ _ 1,125.00 1.150.00 E. Equipment RCgLdilr Session, March 4th, 1940 39 F. Maintenance ................................................ 1,400.00 1,400.00 G. Material and Supplies ....................0.... 500.00 500.00 Totals . ... .... .........................$ 9,900.00 $ 9,900.00 Item 138 -Street and Traffic Signal Lighting (Light Fund) H. Total for Street Lighting and Traffic Signals ........................... _ _... . _....... $ 38,600.00 $ 38.600.00 J. 2% Sales Tax .............................................. 772.00 772.00 Totals .......... ......... ... I .................$ 39,372.00 $ 39,372.00 Item 140 -Street Cleaning (Garbage Disposal and Street Cleaning Fund) A. Wages Drivers and Laborers.... $ 12,500.00 $ 12,500.00 E. Equipment .......... .......... ............... .......... 500.00 500.00 F. Maintenance ............................................... 3,000.00 3,000.00 G. Material and Supplies ................. .......... 580.00 580.00 J. Surplus ....................................... .... ........ 100.00 143.00 Totals ............................ I__ . ..............$ 16,680.00 $ 16,723.00 Item 141 -Snow and Ice Removal (Snow Removal Fund) A. Labor. ...........................................................$ 3,900.00 $ 3,900.00 E. Equipment .................................................... 350.00 350.00 F. Maintenance ....... .... ..... ....._.... .......... .. .. 1,000.00 1,000.00 G. Material and Supplies ............................. 350.00 350.00 J. Reserve........................................................ 37.00 65.00 Totals ............... ... ......... .................$ 5,637.00 $ 5,665.00 Subtotals Group IV, Highways and Street Lighting ... _ ........................$114,489.00 $114,560.00 GROUP V -LIBRARY Item 143A -Library Fund and Miscellaneous Library Revenue A. Salary Librarian ........ ....... ....................... $ 2,280.00 $ 2,340.00 A. Salary Reference Librarian .................... 1,680.00 1,740.00 A. Salary Catalogue Librarian ................... 1,500.00 1,560.00 A. Salary Child Librarian ......................... 1,380.00 1,440.00 A. Salary School Librarian ........ .__ ....... 1,080.00 1,020.00 1,140.00 1,080.00 A. Salary Acting Circulation Librarian_.. A. Salary General Assistant - ........ 900.00 960.00 A. Salary General Assistants (3) ................ 2,520.00 2,700.00 A. Salary General Assistant (half time).. 621.00 450.00 A. Salary Janitor ..................... ................... 1,260.00 50.00 1,320.00 50.00 B. Travel .........................._.._........ ................. 100.00 100.00 C. Office .......................................... .............. D. E. Printing........... ............................................ Equipment Books .. _ . .... _ ............ 6,000.00 6,000.00 2,700. F. Maintenance..........00 ......................_........_. 2,711.00 1,000.00 1,000.00 G. Material and Supplies .. .... ................ 2,100.00 2,100.00 H. Heat, Light, Water ... ... ..__.. ....... 300.00 300.00 I. J-1. Insurance .................................................... Interest on Warrants ................................ 100.00 100.00 1,267.00 J-2. Reserve for Emergency .......................... 1,461.00. $ 28,113.00 $ 28,397.00 Totals .................................................. Subtotals Group V -Library ..... .. $ 28,113.00 $ 28,397.00 -$1,500.00.) (Library Fund -$26,897.00; Mist. Library Revenue GROUP VI -PARK FUND Item 144A -Park Administration $ 1,800.00 $ 1,800.00 A. Salary Superintendent --- - -- 100.00 100.00 B. Travel ............... _..._ . ... ......... . 125. 125.00 C. D. Office ... .._........ . _ Printing and Advertising _ 50.00 50.00 15.00 J-1. Miscellaneous ......... .. - 11.00 Totals ... .. $ 2,086.00 $ 2,090-00 Item 144B -Park Areas, Buildings, etc. $ 10,500.00 $ 10,500.00 A. Wages of Laborers . _ 2,000.00 C. Forestry_ 2,000.00 ........ _ _ _ 1,125.00 1.150.00 E. Equipment 40 Regular Session, March 4th, 1940 F. Maintenance ................................................ 800.00 1,175.00 G. Material and Supplies .............................. 2,890.00 2,900.00 H. Heat, Light, Water and Telephone...... 2,000.00 1,775.00 I. Insurance .................................................... 500.00 300.00 J-1. Renovations and Replacements .............. 500.00 225.00 J-2. Interest, Reserve and Assessments........ 600.00 530.00 Item 145B -Playgrounds - A. Totals ......................................................$ 20,915.00 $ 20,555.00 $ Subtotals Group VI -Park Fund ...... $ 23,001.00 $ 22,645.00 (Park Tax -$20,895.00; Misc. Park Revenues -$1,750.00) E. GROUP VII -PLAYGROUND AND SWIMMING POOL FUND Item 145A -Recreation Administration 500.00 A. Salary Director ............................................$ 2,250.00 $ 2,250.00 B. Travel............................................................ 50.00 50.00 C. Office .............................................................. 120.00 120.00 F. Maintenance (car) .................................... 360.00 360.00 G. Material and Supplies .............................. 100.00 100.00 Insurance ....................... .......................... Totals ....................................................$ 2,880.00 $ 2,880.00 Item 145B -Playgrounds - A. Salary Supervisors, Directors, etc ......... $ 2,050.00 $ 2,050.00 A. Wages of Laborers .................................... 200.00 200.00 E. Equipment .................................................... 500.00 500.00 F. Maintenance ................................................ 650.00 650.00 G. Material and Supplies .............................. 400.00 400.00 H. Heat, Light .................................................. 100.00 100.00 I. Insurance ....................... .......................... 50.00 50.00 Totals .. ... .......................$ 3,950.00 $ 3,950.00 Item 145D -Winter Sports A. Wages Check Room, etc .........................$ 650.00 $ 650.00 C. Office ............. _................................. 25.00 25.00 E. Equipment ............................. 100.00 100.00 F. Maintenance ........................................... 200.00 200.00 G. Material and Supplies ........................... 150.00 150.00 H. Heat and Light .......................................... 375.00 375.00 Totals ......................................................$ 1,500.00 $ 1,500.00 Item 145E -Swimming Pool Operation A. Salary Superintendent ............................$ 450.00 $ 450.00 A. Salary Guards (4) .................................... 840.00 840.00 A. Salary Attendants .................................... 1,500.00 1,500.00 F. Maintenance ................................................ 600.00 600.00 G. Material and Supplies .............................. 250.00 250.00 H. Light and Power ........................................ 600.00 600.00 I. Insurance .................................................... 200.00 200.00 J. Miscellaneous .............................................. 100.00 100.00 Totals .....................................................$ 4,540.00 $ 4,540.00 Item 145G -Indoor Winter Sports J. Miscellaneous ..............................................$ 100.00 $ 100.00 Item 145H -Emergency J-1. Interest on Warrants ........................:......$ 50.00 $ 50.00 J-2. Reserve......................................................... 182.00 225.00 Totals .....................................................$ 232.00 $ 275.00 Item 146 -Athletic Park A. Wages Caretaker ......................................$ 400.00 $ 400.00 F. Maintenance ......................................... 750.00 750.00 G. Material and Supplies .............................. 150.00 150.00 H. Lights............................................................ 200.00 200.00 I. Insurance .................................................... 500.00 500.00 J-1. Miscellaneous ............................................ 50.00 50.00 Totals ....................................................$ 2,050.00 $ 2,050.00 Subtotals Group VII -Playground and Swimming Pool ...........................$ 15,252.00 $ 15,295.00 (Playground and Swimming Pool Tax -$12,720.00; Misc. Play- ground Revenue -$2,575.00.) Regular Session, March 4th. 194(; t1 GROUP VIII -MISCELLANEOUS Item 147 -Planning and Zoning (General Fund) J. Miscellaneous ..._................................ ....$ 25.00 $ 25.00 Item 148E -Ambulance (General Fund and Misc. Revenues) A. Salaries Drivers (2) ... .. ........ .........$ 3,360.00 $ 3,360.00 F. Maintenance .................. _ . _.._ ...... 300.00 400.00 G. Material and Supplies _ .. __ 150.00 350.00 1. Insurance ...................... .... .. .... ... _... 525.00 225.00 Totals .............................. ......................$ 4,335.00 $ 4.335.00 (Ambulance Fees -$1,200.00; General Fund -$3,135.00.) Item 148C -Other Miscellaneous (General Fund) $ 80.00 J-1. Iowa League of Municipalities ................$ 80.00 J-2. Damages ................................................... J-3. Printing Council Proceedings..... _..... 3,300.00 3,200.00 3,300.00 3,200.00 J-4. Revised Ordinances ......... ............ _ . __.. 1,600.00 2,000.00 1,500.00 2,000.00 J-5. State Examiners ...................................... J-6. Repairs to Town Clock .............................. 500.00 500.00 J-7. Misc. Unclassified ..................................... 3,000.00 1,900.00 3,000.00 1,900.00 J-8. Workmen's Compensation Insurance.... 125.00 125.00 J-9. Interest on Warrants ................................ Totals ...................................................$ 15,605.00 $ 15,605.00 Item 148F -Airport (General Fund) $ 130.00 $ 130.00 I. Insurance ........................... .. 550.00 550.00 J. Miscellaneous ... _...._.... .... ....... ...... ... Totals .....__ ... .... _......... $ 680.00 $ 680.00 Subtotals Group VIII, $ 20,645.00 $ 20,645.00 Miscellaneous .......... _.......... GROUP IX -MARKETS AND PUBLIC SCALES (General Fund and Misc. General RCVenU05) Item 152 -Market Master's Office 1,400.00 $ 1,400.00 A. Salary Market Master ...........................$ 20.00 20.00 F. Maintenance .............. ............... G. Material and Supplies ............................ 65.00 65.00 20.00 J-1. Miscellaneous ....................................... .... 20.00 1,505.00 $ 1,505.00 Totals... . . .. . ......................$ ....... (General Fund -$305.00; Misc. General revenues -$1,200.00.) Subtotals Group IX -Market and$ 1,505.00 $ 1,505.00 Public Scales ............ GROUP X -MUNICIPAL IMPROVEMENTS Item 162 -Assessments and Sewers J-1. City's Share of Special Assessments ......$ 8,000.00 $ 8,000.00 J-2. Storm Sewer and Ililets ............................ 2,000.00 2,000.00 $ 10,000.00 $ 10,000.00 Totals .............................................. Subtotals Group X- Municipal I11-1 $ 10,000.00 $ 10,000.00 provements ........................ ......... .......... (Improvement Fund -$8,00.00; Sewer Fund -$2,000-00.) GROUP XI --PENSION FUNDS Item 154 -Police Pensions $ 9,300.00 $ 13,698.00 J-1. Police Pensions .... ._. 742.00 1,037.00 J-2. Police Retirement Sys' ui - ... $ 10,042.00 $14,735.00 Totals ..._ ....... ... ... ............... Item 155 -Fire Pensions $ 15,700.00 $ 24,798.00 J-1. Fire Pensions 980.00 1,965.00 J-2. Fire Retirement SYsteni $ 16,680.00 $ 26,7 63.00 Totals .. Subtotals Group XI -Pensions 26,722.00 534 41.498.00 on$hand and 1 (Policemen's Pension Levy -W;,534.00; 0�;'7alance 21,404.00; Pension Levy-$� contributions -$1,201.00; Firemen's Balance on hand and conti•ihutionti--$5,359.00•) 42 Reguiar Session, March 4th, 1940 GROUP XII -MUNICIPAL INDEBTEDNESS Totals ...................................................$150,480.00 Item 161.1-1 City Bonds and Interest $152,996.00 A-1. Regular City Bond Interest ....................$ 43,985.00 $ 39,615.00 A-2. Grading Bond Redemption .......... ...... 16,000.00 17,000.00 A-3. Storm Sewer Bond Redemption.......... 48,000.00 58,000.00 A-4. Sinking Fund ........................................... 11,000.00 7,000.00 A-5. Improvement Bond Redemption............ 30,000.00 30,000.00 A-6. Surplus.......................................................... 1,495.00 1,381.00 Totals ...................................................$150,480.00 $152,996.00 (Bond Interest Fund -$24,016.00; Bond Retirement Fund -$61,- 057.00; Grading Fund -$5,000.00; Improvement Fund -$6,- 000.00; Main Sewer -$3,623.00; Water Works Fund -$20,- 000.00; Emergency Fund -$33,300.00.) Item 161.1-2 Dock Bond and Interest Fund A-1. Interest on Dock Bonds ............................$ 9,345.00 $ 8.240.00 A-2. Dock Bond Redemption ............................ 26,000.00 27,000.00 A-3. Surplus .........._............................................. 1,653.00 478.00 Totals .....................................................$ 36,998.00 $ 35,718.00 Subtotals Group XII -Municipal In- debtedness ...........................................$187,478.00 $188,714.00 EMERGENCY AND RESERVE Reserve in General Misc. Revenues.......... _ $ 2,281.00 $ 283.00 Reserve in Emergency Fund ......... . ......... 134.00 179.00 Totals _ _ $ 2,415.00 $ 462.00 GROUP XIII -DOCKS (Dock Fund and Misc. Dock Revenues) Item 153A -Dock Operation A. Salary Engineers ...... _............. $ 240.00 $ 420.00 B. Travel............................................................ 150.00 100.00 F. Maintenance ............................................... 100.00 100.00 G. Material and Supplies .............................. 50.00 75.00 I. Insurance...................................................... 475.00 467.30 J-1. Traffic Association Dues .......................... 300.00 300.00 J-2. Improvements ............................................... 100.00 100.00 J-3. Miscellaneous ............................................. 200.00 200.00 J-4. Land Purchase Contract .......................... 500.00 500.00 J-5. Land Purchase Contract (Interest) ...... ................ 480.00 Totals ................................................. $ 2,115.00 $ 2,742.30 Item 1538 -Dredge Operation A. Salary Engineers ......................................$ 180.00 $ 180.00 A. Salaries Operators .................................... 1,800.00 3,324AS A. Salary Oiler ................................................ 1,100.00 ................. A. Wages Laborers .......................................... 578.00 832.00 F. Maintenance (Repairs) .......................... 500.00 300.00 G. Material and Supplies .............................. 200.00 500.00 H. Electric Power ........................................... 3,500.00 4,524.00 I. Marine Insurance .................................... 725.00 706.25 I. Workmen's Compensation Insurance.... 225.00 225.00 J. Miscellaneous .............................................. 645.00 500.00 Totals ................................. ..................$ 9,453.00 $ 11,091.73 Item 153C -W. P. A. Project E. Trucking......................................................$ 1,450.00 $ 1,250.00 E. Scale Rental ............................................... 250.00 100.00 E. Tools.............................................................. 300.00 200.00 G. Supplies....................................................... 500.00 1,250.00 Totals ......................................................$ 2,500.00 $ 2,800.00 Item 153D_ G. Seventh St. Storm Sewer Materials ...... $ 4,612.00 $........... G. Rip Rap and Surfacing .............................. ................ 2,314.97 Totals ..................... . .....................$ Subtotals Group XIII -Docks .......... 4,612.00 $ 18,680.00 $ 2,314.97 $ 18,949.00 (Dock Tax Fund -$16,689.00; Misc. Dock Revenue -$2,260.00.) Regular Sessiorn, March 4th, 1940 4i GROUP XIV -WATER WORKS (Self Supporting) Receipts - Est. Cash on Hand, April 1st ..........................$ 20,000.00 $ 10,000.00 Est. Receipts for Metered Sales ...................... 140,000.00 140,000.00 Est. Receipts from Flat Sales ........................ 260.00 250.00 Est. Receipts from Fire Protection Service 2,250.00 2,250.00 Est. Receipts from Non -Operation Service.. 5,000.00 5,000.00 Est. Receipts from Sales Tax .......................... 2,950.00 2,950.00 Totals ..._.. .......__ .. .............. $170,450.00 $160,450.00 DISBURSEMENTS 149A -Administration A. Salary Superintendent ..........................*$ 3,000.00 *$ 3,000.00 A. Salary Accountant ...... _ ..__. _ .. 2,160.00 2,160.00 A. Salary Stenographer and Clerk_ _ _..... 1,56000 1,560.00 A. Salary Clerk ............................ .__. _ ...... 1,200.00 1,200.00 A. Salary City Manager (20%n) _ ............ 1,200.00 1,200.00 A. Salary City Auditor (20%)• ..................• . 490.00 490.00 A. Salary City Treasurer (20%)... 480.00 480.00 B. Travel........................................................... C. Office Expenses and Postage ................ 125.00 800.00 125.00 800.00 D. Printing and Advertising ........................ 300.00 150.00 1,150.00 300.00 1,150.00 E. Equipment ................................................... 300.00 F. Maintenance .............................................. G. Material and Supplies ... .............._...... 800.00 800.00 I. Insurance .............................................. 50.00 4,800.00 50.00 4,800.00 J-1. Sinking Fund ........................... ............. 2,500.00 2,500.00 J-2. Refunds _ . ................. ............................. 500.00 500.00 J-3. Miscellaneous ............................................. 2,950.00 2,950.00 J-4. State Sales Tax .................................... Totals .............................................. $ 24,365.00 $ 24,365.00 (*NOTE: Includes Cashier Duties) 1498 -Water Operation $ 2,400.00 $ 2,400.00 A. Salary Field Engineer ...... ....... 2,160.00 2,160.00 A. Salary Plant Chief Engineer (6)..... 10,800.00 10,800.00 A. Salary Plant Engineers - - 1,000.00 1,000.00 A. Wages Extra Station Labor...... 1,620.00 1,620.00 A. Salary Tapper ......................................... A. Salary Meter Service Man._ ............... 1,560.00 1,560.00 1,860.00 A. Salary Meter Repair Man -- - -- 1,860.00 1,660.00 1,560.00 A. Salary Meter Reader......... _...,, .,.... A. Salary Asst. Meter Repair Man _- -- 1,620.00 1,620.00 2,250.00 A. Salary General Foreman ......... -. .- - 2,250.00 1,680.00 1,680.00 A. Salary Asst. Foreman 8,000.00 8,000-00 A. Wages of Laborers ................................ 10,000.00 10,000 00 E. Equipment ................................................ 12,000.00 11,500.00 F. Maintenance ............................................... 1,500.00 G. Material and Supplies ............................. 5,000-00 21,250.00 25,000.00 H. Heat, Light and Power' ... 1,250.00 I. Insurance .................................................. J-1. Water Main Materials ............................ 10,000.00 25,000.00 10,000.00 15,000.00 J-2. Other Betterments ......_ .......... ........... 3,000.00 3,000.00 J-3. Store Reserve .............................. .... 1,000.00 1,000.00 J-4. Miscellaneous $115,260.00 Totals _ .............$125,260.00 ................ . Grand Total Water Works Appropriation .. $149,825.00 5.00 $139,825 00 Non -Appropriated Reserve - 20,000.00 20,000.00 Transfer to City Indebtedness. _ _... ...... $170.450.00 $160,450-00 Totals ...... _.. _ . _ _ _ _ AL APPROPRIATIONS RECAPITULATIONNOFREO A Budget Proposed 1939.40 1940.41 (a) ' I i�u Re ltr $543 979.00 $559,110.00 sive Eme gency and er e 44 Tlc alar Session, March 4th, 1940 Reserve in General Fund and General Misc. Revenues .......................................... 2,281.00 283.00 Reserve in Emergency Fund .................. 134.00 179.00 (b) Municipal Indebtedness, Group XII...... 187,478.00 188,714.00 (c) Docks, Group XIII .................................... 18,680.00 18,949.00 (d) Water Works Appropriation, Group XIV................................................................ 149,625.00 139,625.00 Water Works Reserve ........................... 825.00 825.00 Totals......................................................$903,002.00 $907,685.00 Tax Revenues ..............................................$659,604.00 $667,590.00 Miscellaneous Revenues and Estimated Balances April 1, 1940.......... 72,948.00 79,645.00 Water Works Revenue ............................ 170,450.00 160,450.00 Totals......................................................$903,002.00 $907,685.00 Resolution No. 11-40 Whereas, the City Manager has caused to be prepared a budget on the basis of estimates of the ex- penses of the various departments of the City of Dubuque for the fiscal year beginning April 1, 1940, and ending March 31, 1941, and such departmental estimates show the expenses of each department for the preceding year, and the same has been submitted to this Council as a basis for the preparation of the annual budget required by law to be prepared by the City Council of said City; and Whereas, this Council has exam- ined such budget and from the in- formation therein contained has prepared its budget for said fiscal year on the basis of estimates of the expenses of the several depart- ments of such city, such estimates showing therein not only the pur- pose for which the consolidated tax authorized by Section 6217 of the Code, of Iowa 1935 is to be used, but in addition thereto, the Purposes for which all other levies heretofore made are to be used and including therein also the estimated revenue from miscellaneous receipts and the Purposes for which the same are to be used, so that said budget shows all of the proposed expenditures for the ensuing fiscal year: Now, Therefore, Be it Resolved by the City Coun- cil of the City of Dubuque: That the Manager's budget be and the same is hereby approved and the City Clerk is hereby di- rected to cause the budget pre- pared by the City Council for the fiscal year beginning April 1, 1940, and ending March 31, 1941, to be pubished in the official newspaper of this City at least once, said pub- lication to be at least two weeks in advance of the date set herein for final hearing thereon and adoption thereof. Be it Further Resolved, that this Council meet on the 20th day of March, 1940, at 7:30 o'clock P. M., in the Council Chamber at the City Hall for the purpose of conducting a hearing upon said budget, at which time any taxpayer of said City will be given full opportunity to be heard upon any objections or protests made thereto, or to any item or items thereof, or to any omission therefrom, and after all parties have been heard, said bud- get will be amended or adopted as proposed. This resolution being deemed ur- gent and in the preservation of peace, health, safety and public in- terest shall be in force and effect from and after its adoption and ap- proval by the City Council, as pro- vided by law. Passed, adopted and approved this 4th day of March, 1940. GEO. R. MURPHY, Mayor. FRANK VAN DUEL�IAN. CARL A. CLARK, ALBERT WHARTON. F. W. THOMPSON, Councilmen. Attest: J. J .SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Wharton. Carried by the following vote: Y e a s—Mayor Murphy, Council- men Clark, Thompson, Van Due] - man, Wharton. Nays—None. Resolution No. 12-40 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 Cita' of Dubuque, be granted a permit to sell cigarettes and cigarette papers; within said City and the Manager is directed to issue such permit on behalf of said City: Name Address Ray Irwin (Irwin Cafe)—Trans- fer of address from 113 Main) 101 Main Street. Be It Further Resolved that the Regular Session, ;March 4th, 1940 45 bond filed with the application be approved. Passed, adopted and approved this 4th day of March, 1940. CEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Clark. Car- ried by the following vote: Y e a s—Mayor Murphy, Council- men Clark, Thompson, Van Duel - man, Wharton. Nays—None. Resolution No. 13-40 Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Wharton. Carried by the following vote: Y e a s—Mayor Murphy, Council- men Clark, Thompson, Van Duel - man, Wharton. Nays—None. WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: Now, Therefore, Be it Resolved by the Council of the City of Dubuque that the fol- lowing applications be and the same are hereby approved and it is ordered that the premises to be occupied by such applicants shall be forthwith inspected. CLASS "B" PERMIT Name Address Arnold Mathis and Carrie Mathis —2319 Prince Street. H. L. Barrett -236 West First Street. Earl Kluck-500 Rhomberg Ave- nue. Hubert M. Fischbach and Mae Fishbach-1255 Central Avenue. Mrs. Anna Heiar-1900 Washing- ton Street. Roy A. Wright and Esther Wright —2600 Central Avenue. Mrs. Lucille Jansen -504 Central Avenue. Donald M. Pins and Genevieve Pins -1555 Central Avenue. Henry Grimme and Elizabeth Grimme-310 East 30th Street. W. F. Trimpler acid Ruth TrimP- ler-1654 Central Avenue. CLASS "C" PERMIT Name Address Erwin M. Grab -1575 C e n t r a l Avenue. Passed, adopted and approved this 4th day of March, 1940. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Resolution No. 14-40 Whereas, heretofore applications were filed by the within named ap- plicants for Beer Permits and they received the approval of this Coun- cil; and Whereas, the premises to be oc- cupied by them have been inspected and found to comply with the or- dinances of this City and they have filed a proper bond: Now, There- fore, 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 per- sons a Beer Permit: CLASS "B" PERMIT Name Address Arnold Mathis and Carrie Mathis —2319 Prince Street. H. L. Barrett -236 West First Street. Earl Kluck-500 Rhomberg Ave- nue. Hubert NJ. Fischbach and Mae Fischbach -1255 Central Avenue. Mrs. Anna Heiar-1900 Washing- ton Street. Roy A. Wright and Esther Wright —'2'600 Central Avenue. Mrs. Lucille Jansen -504 Central Avenue. Donald M. Pins and Genevieve Pins -1555 Central Avenue. Henry Grinune and Elizabeth Grinune-310 East 30th Street. W. F. Trimpler and Ruth Trimp- ler-1654 Central Avenue. CLASS "C" PERMIT Name Erwin M. Grab -1575 Central Avenue. Be it Further Resolvedthat ts the he bonds filed by such applicants and the same are hereby aPP'l Passed, adopted a 1194 approved this 4th clay of GEO. R. MURPHY. Iayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARLA. CLARK. F. W. THOMPSON, Councilmen. Attest: J. JCity Cl rk. Councilman ,Ian Duelman moved the adoption of the resolution. Sec- onded by Councilman Wharton. Carried by the following vote: Y c a s—ll:'yor AlurphY. 46 Regular Session, March 4th, 1940 men Clark, Thompson, Van Duel - man, Wharton. Nays—None. February 29, 1940. Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen:— In re: Application for Tax Suspen- sion of Lilian L. Hargus. I herewith return to you the Ap- plication of Lillian L. Hargus for either suspension or cancellation of taxes against the property owned by her, and with reference thereto report as follows: That the City Council should ap- prove the Petition so far as the same asks for suspension of the taxes against Lot 1 of the Subdivis- ion of 1 of 1 of City Lot 667 in the City of Dubuque, Iowa, and that the Board of Supervisors of Dii- buque County, Iowa, should be no- tified of said approval. Respectfully submitted, JOHN J. KINTZINGER, City Solicitor. Councilman Wharton moved that the recommendation of City Solic- itor Kintzinger be approved and the request of Lillian L. Hargus for suspension of the 1939 taxes on Lot 1 of the Sub. of 1 of 1 of City Lot 667 be granted and the Board of Supervisors to be notified of the action of the City Council. Sec- onded by Councilman Clark. Car- ried by the following vote: Y e a s—Mayor Murphy, Council- men Clark, Thompson, Van Duel - man, Wharton. Nays—None. March 4, 1940. Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: —With reference to the claim filed herein by Jackson M. Sprague, involving a claim for $1,000.00 for personal injuries sus- tained by said Jackson M. Sprague on or about January 22, 1940, when he fell on a sidewalk near the build- ing located on the southwest cor- ner of 8th and Bluff Streets and sustained said injuries, for which injuries and expenses he has com- menced suit by serving an Original Notice on the City of Dubuque: I have investigated this case and have consulted with the plaintiff's attorney, and plaintiff has agreed to accept $125.00 in full settlement of said claim. I respectfully recom- mend that the claim be allowed in the sum of $125.00 and that a war- rant be issued payable to John A. Cunningham, Attorney for Jackson M. Sprague, and that the same be delivered upon the execution by claimant of the inclosed Receipt and Release. Respectfully submitted, JOHN J. KINTZINGER, City Solicitor. Councilman Clark moved that the recommendation of City Solicitor Kintzinger be approved and that the City Auditor be instructed to draw a warrant in the amount of $125.00 in favor of John A. Cun- ningham, Attorney for Jackson M. Sprague, as settlement in full of the claim of Jackson M. Sprague and that said warrant be delivered upon the execution by claimant of a Receipt and Release. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Council- men Clark, Thompson, Van Duel - man, Wharton. Nays—None. There being no further business. Councilman Clark moved to ad- journ. Seconded by Councilman Thompson. Carried by the follow- ing vote: Y e a s—Mayor Murphy, Council- men Clark, Thompson, Van Duel - man, Wharton. Nays—None. J. J. SHEA, City Clerl;. Approved p`� 1 1-1 i �. Adopted 1940. ................ ......... I........ Attest: .........i�*"��'►�...... �� City Clerk. Special Session, March 16th, 1940 _ 47 City Council (Official.) Special Session, March 16, 1940. Council met at 2:10 P. M. Present—Mayor Murphy, Council- men Clark, Van Duelman, Wharton, City Manager Rhomberg. Absent—Councilman Thompson. Meeting called by order of Coun- cilmen Clark and Wharton. Mayor Murphy read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of canvass- ing the petitions for nominations for Councilmen and Park Commis- sioner to be voted on at the Gerf- eral Municipal Election to be held March 25, 1940, and acting on anY other business as may properly come before a regular meeting of the City Council. Reso;ution No. 15-40 Passed, adopted and approved this 16th day of March, 1940. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, 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: Y e a s—Mayor Murphy, Council- men Clark, Van Duelman, Wharton. Nays—None. Absent—Councilman Thompson. Whereas, petitions in legal form have been filed with the City Clerk of the City of Dubuque nominating candidates for the office of Council- man for the year commencing on the first Monday of April, 1940, and for the office of Councilman com- mencing on the first Monday of April, 1941, and for the office of Park Commissioner, and said peti- tions have been canvassed by. the City Council of said City and found to contain the number of signa- tures of electors provided by law to entitle such persons for whom such petitions have been filed to be i candidates for the office of Coun- cilmen and Park Commissioner and have their names printed on the of- ficial ballots to be voted on at the General Municipal Election to be held on the 25th day of March, 1940: Now, Therefore, Be it Resolved by the City Council of the City of Dubuque: That the City Clerk be and he is hereby directed to place the names of the following named persons up- on the official ballots for the elee. tion referred to and for the respec- tive terms and offices to be filled at said election, to -wit: For councilman, term commenc- ing the first Monday of April, 1940: Carl A. Clark, Geo. R. Murphy, Ber- nard Schueller, Wm. V. Toepel; term commencing the first Monday of April, 1941: Frank W. Thomp- son, Frank Van Duelman, Albert Wharton; For Park Commissioner: William M. Clemens. Councilman Clark moved that the following named persons be ap- pointed as Judges and Clerks to serve at the General Municipal Election to be held Monday, March 25, 1940. Seconded by Councilman Wharton. Carried by the following vote: Y e a s—Mayor Murphy, Council- men Clark, Van Duelman, Wharton. Nays—None. Absent—Councilman Thompson. First Precinct—Democratic, Judges, Thomas E. Byrne and Bar( Kane; Clerk, Mrs. Vera Ham. Re- publican—Judge, Eugene Forward; Clerk, Mrs. Lillian Jones. Second Precinct — Democratic, Judge, Michael Cahill; Clerk, Mrs. Margaret Kinsella. Republican— Judges, Mrs. Nettie Lyons and L. J. Hall; Clerk, Mrs. Geo R. Fox.. Third P r e c f n c t— Democratic. Judges, Dorrance Mullin and Mari- etta Duggan; Clerk, Mrs. Carrie McGough. Republican, Judge, Mrs. Esther Byard; Clerk, Mrs. Pearl Hoerner. F o u r t h Precinct— Democratic, Judge, Charles Stevenson; Clerk, Mr's. Mary Hughes. Republican, Judges, II; -s. Mae E. Hedley and Ed. Schneller; Clerk, Mrs. M a r t h a Hunt. Fifth Precinct—Democratic, Judges, Mrs. Geo. Hohman and Stan- ley Meyer; Clerk, Mrs. Margaret Lavery. Republican, Judge, Mrs. Ruby Steuck; Clerk, Mrs. F. W. Trader. Sixth P r e c i n c t— Democratic, Judge, T. E. Kingsley; Clerk, Mrs. Lillian Fleege. Republican, Judges, Mrs. Myrtle Westaby and Jack Tay- lor; Clerk, Mrs. Hazel Yokum. Seventh Precinct — Democratic, Judges, Al. Bitzberger and John 1-i. Weimer; Clerk, Mrs. Cecelia Web- er. Republican, Judge, A. J. Trapp; Clerk, Mrs. Cora Wolff. E i g h t h Precinct—Democratic. Judge, Mrs. M�yme McCraney; Session, March 20th, 1940 Clerk, Mrs. Jennie I. Starr. Repub- lican, Judges, Mrs. Zella Chaloupka and Mrs. Maude Rideout; Clerk, J. W. Millin. N i n t h Precinct—Judges, Demo- cratic, Herman Schmidt and John P. Merkes; Clerk, Mrs. Mayme Ca- sutt. Republican, Judge, Miss Paul- ine Kleih; Clerk, Mrs. Edna Wid- dowson. Tenth P r e c i n c t—Democratic. Judge, Miss Leona Palen; Clerk, Charles V. Correll. Republican, Judges, Mrs. Catherine Teal and Mrs. Pearl Zernecke; Clerk, Mrs. Hattie Donatch. Eleventh Precinct — Democratic, Judges, Glen Schroeder and Earl Jaeger; Clerk, Mrs. Gertrude Zwack. Republican, Judge, Carrie L. Saunders; Clerk, Mrs. Frank Kurt. Twelfth Precinct — Democratic, Judge, Mrs. Ethel Barrett; Clerk, Mrs. Catherine Jehring. Republi- can, Judges, W. S. Ludwick and Sam Muir; Clerk, Mrs. Helen Stans- field. Thirteenth Precinct—Democratic, Judges, Ben Becke and John Grutz; Clerk, Mrs. Freda Foell. Republi- can, Judge, Ernest Joy; Clerk, Mrs. Marguerite Liddle. Fourteenth Precinct—Democratic, Judge, Mike Mueller; Clerk, Mrs, Lucille Pleimling. Republican, Judges, Mrs. Sophia Moritz and Ed- ward Kupferschmidt; Clerk, Mrs. Dorothy Bauer. Fifteenth Precinct —Democratic, Judges, George Roepsch and May Bruning; Clerk, Mrs. Rosa Fox. Republican, Judge, Jacob Ganten- bein; Clerk, Helen Hohneeker. There being no further business, Councilman Clark moved to adourn. Seconded by Councilman Van Duel - man. Carried by the following vote: Y e a s—Mayor Murphy, Council- men Clark, Van Duelman, Wharton. Nays—None. Absent—Councilman Thompson. J. J. SHEA, City Clerk. Approved gt',,.nQ, ft -d-1940 Adopted+?'-•C�,iy,.1940. ..,.... .:............. Attest: .... ... *Ctv C1l- City Councii (Official.) Special Session, ➢Iarch 20th, 1910. Council met at 7:30 P. M. Present—Mayor Murphy, Council- men Clark, Thompson, Van Duel - man, Wharton, City Manager Rhom- berg. Meeting called by order of Coun- cilmen Clark and Thompson. Mayor Murphy read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of conduct- ing a public hearing on the Annual Budget for fiscal year April 1, 1940, and ending March 31st, 1941, and acting on any other business as may properly come before a regular meeting of the City Council. Communication of F. R. Lacy, President, Board of Trustees, Car- negie -Stout Free Public Library, re- questing that the estimate of re- ceipts of the Public Library from sources other than taxation be changed in the budget to $2,500.00 thereby increasing the total apprd- priation from $28,397 to $29,397, pre- sented and read. Councilman Van Duelman mored that the request be granted. See- onded by Councilman Wharton. Carried by the following vote: Y e a s—Mayor Murphy, Council- men Clark, Thompson, Van Duel - man, Wharton. Nays—None. Resolution No. 16-40 Whereas, the budget of proposed expenditures for the fiscal year be- ginning April 1, 1940, and ending March 31, 1941, provides for the ap- propriation for Library Operation of $28,397.00, of which $26,897.00 is to be obtained from the Library Tax Levy and $1,500.00 is to be obtained from miscellaneous library rev- enue; and Whereas, the Library Board has now directed attention to the fact that the anticipated collection of miscellaneous library revenues will be $2,500.00 instead of $1,500.00; and Whereas, it is deemed necessary and advisable by this Council to said budget as heretofore Proposed and published, in order .that said increased miscellaneous library revenues may be included therein and appropriated for library operation: Now, Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that the Budget of expenditures for the fiscal Year beginning April 1, 1940, and al Session, March 20th, 1940 49 ending March 31, 1941, be and the same is hereby amended as follows: (1) By increasing in Group V under the title "Library" the follow- ing: Item 143A—E. Equipment —Books from $6,000.00 to $7,000.00. (2) By increasing the total of G r o u p V—"Library" f r o m $28,397.00 to $29,397.00 of which $26,897.00 is to be obtained from the Library Tax Levy and $2,500.00 is to be obtained from miscellaneous library revenues. Passed, adopted and approved this 20th day of March, 1940. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Sec - ouded by Councilman Wharton. Carried by the following vote: Y e a s—Mayor Murphy, Council- men Clark, Thompson, Van Duel - man, Wharton. Nays—None. Proof of publication, certified to by the publishers, of the notice of a public hearing upon the Annual Budget of Expenditures for the fis- cal year beginning April 1, 1940, and ending March 31, 1941, said public hearing to be held in the Council Chamber at the City Hall at 7:30 P. M. on March 20th, 1940, presented and read. No written ob- jections filed and no objectors pres- ent in the Council Chamber. Councilman Thompson moved that the proof of publication be re- ceived and filed. Seconded by Coun- cilman Clark. Carried by the fol- lowing vote: Y e a s—Mayor Murphy, Council- men Clark, Thompson, Van Duel - man, Wharton. Nays—None. OFFICIAL NOTICE OF THE PROPOSED ANNUAL BUDGET PRE- PARED BY THE CITY MANAGER AND CITY COUNCIL OF THE, CITY OF DUBUQUE, IOWA, FOR THE FISCAL YEAR, 1940-41 Notice is hereby given that the City Manager of the City of Du- buque has prepared a budget on the basis of estimates of the ex- penses adepartments fsaid Cthe fiscal beginning April 1, 1940,and ending March 31, 1941,and such y de- partmental estimates show expenses of each department for the pre- ceding year in addition thereto, the City Council has caused to be prepared a budget for said fiscal year on the basis of estimates of the expenses of the several departments of said City, such estimates showing therein not only the purpose for which the consolidated tax levy authorized by Section 6217 of the Code of Iowa 1935 is to be used, but in addition thereto, the purpose for which all other tax levies heretofore made are to be used, including revenues from miscellaneous sources, the apportionment of the consolidated tax levy having hereto- fore been determined by said Council and incorporated in a resolution for such purpose. This budget will be considered for final adoption by the City Council at a special meeting to be held in the Council Chamber at the City Hall on the 20th day of March, 1940, at 7:30 o'clock p. m. Any taxpayer objecting thereto or protesting to the same, or to any item thereof, or any omission therefrom, shall pre- sent his objections to said Council on or before that date. This notice is given pursuant to the Jdirection of theity Clerk. Council. 3-5--1T. PROPOSED BUDGET FOR THE CITY OF DUBUQUE, IOWA, FOR THE FISCAL YEAR 1940-4 Distribution of Consolidated Tax Levy $167,933.00 General Fund .......................... ....... .......... 10,000.00 Grading Fund .... ..... .... ......... ...__. .._. .................. 14,000.00 Improvement Fund .................... 2,000.00 Sewer Fund ...................................................... 39,372.00 LightFund ...... ...... .... .....__......_... __.... ..... $233,305.00 Total.............. SOURCES OF FOR 1940-41 Moneys FISCAL OPERATION and Credits Frrom Tax s annd Fund— Lrcc in 1lriils H�gu]ar Tax $227,429.00 VIrn�:.- and t 1,. -lit. Total $ 5,876.00 $233,305.00 Consolidated 6.878 0.708 23,411.00 605.00 24,016.00 Bond Interest ............... wn 50 Special Session, March 20th, 1940 Bond Retirement ........... Fire Maintenance ........... Fire Equipment ............. Garbage Disposal and St. Cleaning ............... Park................................... Police Pension ............... Fire Pension ................... Library Operation ......... Main Sewer .:................... Playground and Swim - 1.800 59,519.00 1,538.00 61,057.00 3.423 113,186.00 2,924.00 116,110.00 0.370 12,234.00 316.00 12,550.00 0.493 16,302.00 421.00 16,723.00 0.616 20,369.00 526.00 20,895.00 0.399 13,193.00 341.00 13,534.00 0.631 20,865.00 539.00 21,404.00 0.791 26,155.00 676.00 26,831.00 0.493 16,302.00 421.00 16,723.00 ming Pool .................... 0.375 Dock Operation .............. 0.492 Dock Bond and Interest 1.053 Snow Removal ................ 0.167 Emergency ........................ 0.987 12,400.00 320.00 16,269.00 420.00 34,818.00 900.00 5,522.00 143.00 32,636.00 843.00 Subtotals ......................19.676 $650,610.00 $ 16,809.00 Road Tax on Agricultural Lands (General Fund) ................. Library Tax on Agricultural Lands (Library Fund) ............. 12,720.00 16,689.00 35,718.00 5,665.00 33,479.00 $667,419.00 $ 105.00 66.00 Grand Total Receipts from Taxes as Levied August, 1939 $667,590.00 The above estimate is based on a revised taxable value of $33,913.- 753.00, which is the assessed value for 1940-41 operation upon which the 19.676 mill levy and the adjustment of moneys and credits equal to $16,809.00 amounts to $667,419.00, plus taxes on agricultural lands equal to $171.00, totals $667,590.00, as obtained from the County Auditor. The millage for 1939-40 operation was 19.766 mills on a taxable valuation (100% of assessed value) of $33,362,735.00 amounting to $643,479.00, plus Moneys and Credits of $15,953.00, plus taxes on Agricultural lands of $172.00, totalling $659,604.00. GENERAL MISCELLANEOUS REVENUES B. From Miscellaneous Sources, 1940-41 Excavation Permits............................................................................$ 100.00 Police Court Returns...................................................................... 9,000.00 Electrical Permits.............................................................................. 1,600.00 Plumbing Permits................................................................................ 1,400.00 Building Permits................................................................................ 1,800.06 FranchiseTax...................................................................................... 600.00 ScaleFees.............................................................................................. 200.00 State Highway Maintenance.............................................................. 2,790.00 Sale of Real Property........................................................................ 500.00 Dieting Prisoners................................................................................ 100.00 Ambulance Fees.................................................................................. 1,200.00 DogLicenses........................................................................................ 700.00 Business Licenses ..................................................................... 4,000.00 Miscellaneous Rentals........................................................................ ........... 700.00 Cigarette Permits................................................................................ 12,000.00 BeerPermits....................................................................................... 20,000.00 Miscellaneous Sales ............................................. 360.00 Swimming Pool Receipts.................................................................. .......... ..................... 2,500.00 Milk Inspection Fees.......................................................................... 1,700.00 Department Receipts........................................................................ Board of Education (Nurse) 2,500.00 ............................................................ 1,250.00 Total General Miscellaneous Receipts ..................................$ 65,000.00 LIBRARY FUND Fines, Book Rentals, etc.................................................................$ 2,500.00 PARK FUND Estimated Balance April 1, 1940 ......................................................$ 1,000.00 Collections, Concessions, etc . ........................................................ 750.00 Total................................................................................................$ 1,750.00 Special Session, March 20th, 1940 i1 PLAYGROUND AND SWIMMING POOL FUND Board of Education (Playgrounds)................................................$ 2,000.00 SkatingReceipts................................................................................ 200.00 AthleticField Fees............................................................................ 375.00 Total.......................................... - __....... .... ......... � z,ovo.uu DOCK FUND WharfageFees....................................................................................$ 1,300.00 Harbor Rentals, Leases, etc............................................................. 960.00 Total................................................................................................$ 2,260.00 POLICE PENSION FUND Estimated Balance April 1, 1940 ..... .............................. ..............$ 201.00 Contributions from Members........................................................1.1,000.00 Total................................................................................................$ 1,201.00 FIRE PENSION FUND Estimated Balance April 1, 1940 ....................................................$ 4,059.00 Contributions from Members........................................................ 1,300.00 Total................................................................................................$ 5,359.00 Total Estimated Miscellaneous Revenues ..........................$ 80,645.00 Total Taxes, Moneys and Credits._ _ ..................................$667,590.00 25.00 Total Estimated City Revenue...._ ..................................$748,235.00 J. WATER WORKS DIVISION (Self Supporting) Estimated Balance April 1, 1940._ _ ._ ... .._ _ _ $ 10,000.00 150,450.00 Estimated 1940-41 Water Revenue .................................................. $160,450.00 Total ................................................... ........................................... .. Estimated Grand Total City Revenue and Water $908,685.00 Division _................... . .................... . *$ 4,800.00 6 CITY OF DUBUQUE, IOWA APPROPRIATIONS FOR THE FISCAL YEAR APRIL 1, 1940 TO MARCH 31, 1941 GROUP [—GENERAL ADMINISTRATION (General Fund) Appropriations 1939.40 Appropriations Proposed 1940.41 Item 101—Council $ 175.00 $ 175.00 B. Travel ............................................ 25.00 25.00 J. Miscellaneous ........................................... 200.00 $ 200.00 Totals ................$ Item 102—City Manager's Office * 4,800.00 $ *$ 4,800.00 A. Salary City Manager (80'% )- ................ 1,800.00 1,800.00 A. Salary Secretary ............... _ .................. 1,440.00 1,440.00 A. Salary Stenographer ..... .............. ......... 100.00 100.00 B. Travel............................................................ 125.00 125.00 C. Office........................................................... 15.00 15.00 D. Printing....................................................... 200.00 200.00 F. Maintenance ............................................... 325.00 325.00 G. Material and Supplies .......................... 8,805.00 $ 8,805.00 Totals ............................. . ..................$ Item 103—City Clerk's Office..... $ 2,500.00 $ A. Salary City Clerk ........ -..- - - 150.00 150.00 A. Salary Extra Help . .... • • .• • • . 75.00 75.00 G. Material and Supplies ........................... ... $22 057 0 $ 2,725.00 Totals ......................................... 6 52 Special Session, March 20th, 1940 Item 104 -City Auditor's Office Totals ......................................................$ A. Salary City Auditor (80%) ..................• *$ 1, 960.00 $ 1,960.00 F. Maintenance .............................................. 50.00 50.00 G. Material and Supplies ............................ 100.00 100.00 Totals ......................................................$ 2,110.00 $ 2,110.00 Item 105 -City Treasurer's Office A. Salary City Treasurer (80%n) ........... .••••*$ 1,920.00 *$ 1,920.00 A. Salary Stenographer (50%) ..................••500.00 3,800.00 500.00 D. Printing and Advertising ........................25.00 25.00 F. Maintenance ................................................ 25.00 25.00 G. Material and Supplies .............................. 150.00 150.00 I. Surety Bond .................................................. 50.00 50.00 Totals ......................................................$ 2,670.00 $ 2,670.00 (*Note: 20%v of Salaries of City Manager, City Auditor and City Treasurer are paid directly by Water Dept.) Item 106 -City Solicitor's Office Appropriations Appropriatian.a 1939.40 Proposed 1940.41 A. Salary City Solicitor ................................$ 3,800.00 $ 3,800.00 B. Travel........................................................... 40.00 40.00 C. Office ............................................................. 40.00 40.00 G. Material and Supplies .............................. 85.00 85.00 Totals ......................................................$ 3,965.00 $ 3,965.00 Item 108 -City Assessor's Office A. Salary City Assessor ................................$................ $ 1,500.00 A. Salary Deputy Assessors ........................ ................ 1,125.00 G. Material and Supplies .............................. 25.00 25.00 J. Board of Review ........................................ 600.00 600.00 Totals ......................................................$ 625.00 $ 3,250.00 Item 109 -Civil Engineer's Office A. Salary Rodman ..........................................$ 1,500.00 $ 1,500.00 C. Office.............................................................. 10.00 10.00 E. Equipment .................................................... 50.00 50.00 F. Maintenance ................................................ 500.00 500.00 G. Material and Supplies .............................. 500.00 500.00 Totals ......................................................$ 2,560.00 $ 2,560.00 Item 113 -City Elections A. Salaries Clerks, etc ...................................$ 500.00 $ 500.00 G. Material and Supplies .............................. 400.00 400.00 J. Rents........................................................... 50.00 50.00 Totals ......................................................$ 950.00 $ 950.00 Item 114 -City Buildings A. Salaries Janitors ........................................$ 2,000.00 $ 2,000.00 E. Equipment .................................................. 11600.00 1,500.00 F. Maintenance and Repairs ...................... 2,500.00 2,500.00 G. Material and Supplies .............................. 11000.00 1,000.00 H. Heat and Light .......................................... 2,900.00 2,900.00 I. Insurance (3 Year) .................................. ................ 550.00 Totals .....................................................$ 91900.00 $ 10,450.00 Item 115 -Police Court A. Salary Police Judge ..................................$ 1,500.00 $ 1,500.00 G. Material and Supplies .............................. 15.00 15.00 Totals ....................................................$ 1,515.00 $ 1,515.00 Item 116 -Civil Service Commission G. Material and Supplies ..............................$ 50.00 $ 50.00 J. Miscellaneous .............................................. 50.00 50.00 Totals .....................................:...............$ 100.00 • $ 100.00 Subtotals Group I, General Admin. istration..........................................$ 36,125.00 $ 39,300.00 dk Special Session, March 20th. 1940 i3 GROUP II -PROTECTION OF LIFE AND PROPERTY Item 118 -Police Department (General Fund) Salaries Matrons (2)........ 2,400.00 ( 2) @ $100.00 2,400.00 Rate Per Mo. Salaries Special Officers.. 100.00 100.00 A. Salary Chief of Police .... $ 2,700.00 ( 1) @ $230.00 $ 2,760.00 A. Salary Senior Capt'n (1) 2,100.00 ( 1) @ $175.00 2,100.00 A. Salaries Captains (2)...... 3,720.00 ( 2) @ $155.00 3,720.00 A. Salaries Detectives (4).... 7,200.00 ( 4) @ $150.00 7,200.00 A. Salaries Desk Serg'ts (3) 5,580.00 ( 3) @ $155.00 5,580.00 A. Salaries Motorcycl'ts (2) 3,480.00 ( 2) @ $145.00 3,480.00 A Salaries Patrolmen (25) 42,000.00 (25) @ $140.00 42,000.00 (After First Year) A. Salaries Matrons (2)........ 2,400.00 ( 2) @ $100.00 2,400.00 A. Salaries Special Officers.. 100.00 100.00 B. Travel .................................. 50.00 50.00 C. Office .................................... 425.00 425.00 D. Printing ............................ 50.00 50.00 E. Equipment ......................... 2,000.00 2,000.00 F. G. Maintenance ..................... 2,200.00 Material and Supplies...... 2,700.00 2,200.00 2,700.00 J-1. Feeding Prisoners .............. 900.00 900.00 300.00 J-2. Miscellaneous (injuries).. 300.00 Totals ............................$ 77,905.00 $ 77,965.00 Item 119A -Fire Department Maintenance Fund A. Salary Fire Chief ..............$ 2,760.00 ( 1) @ $230.00 $ 2,760.00 A. Salaries Sen'r Capt'ns (2) 3,960.00 ( 2) @ $165.00 3,960.00 A. Salaries Captains (5)...... 9,300.00 ( 5) @ $155.00 9,300.00 A. Salaries Lieutenants (7) 12,180.00 6,960.00 ( 7) @ $145.00 ( 4) @p $ 145.00 12,180.00 6,960.00 A. A. Salaries Engineers (4).... Salaries Firemen (34)...... 58,800.00 (34) @ $140.00 58,800 00 A. (After First Year) Salaries Firemen (2)........ 3,000.00 ( 2) @ $ 125.00 3,000.00 (During First Year) 50.00 B. Travel ................................. 50.00 650.00 650.00 C. D. Office .................................... Printing .. ......... 35.00 ................... 35.00 00.00 2,7,6600.00 F. F. Maintenance ........................ 2,600.00 Repairs to Buildings.......... 7,000.00 2,700.00 G. Material and Supplies...... 2,700.00 3,300.00 H. Heat, Light ........................ 3'300-00 200.00 200.00 I. J-1. Insurance .......................... Miscellaneous (Injuries).. 1,200.00 1,200.00 160.00 J-2. Interest on Warrants........ 160.00 1,255.00 J-3. Reserve for Emergency.... 1,747.00 Totals $116,602.00 $116,110.00 Item 119B -Fire Equipment Fund $ 12,550.00 E. .......................... Equipment$ 12,510.00 Item 120 -Fire and Police Alarm (General Fund) 1,950.00 $ 1,950.00 A. Salary City Electrician ............................$ 1,800.00 1,800.001 A. Salary Asst. City Electrician .................. 100.00 00.00 A. Salary Extra Help .................................. • 100.00 100.00 C. Office............................................................. 150.00 150.00 E. Equipment ................................................... 150.00 150.00 F. Maintenance ................................................ 200.00 200.00 G. Material and Supplies .............................. 200.00 200.00 H. Heat, Light and Power ............................ 40.00 I. Insurance (3 Year) .................................... ................ 4,650.00 $ 4,690.00 Item Totals ............................................... 121 -Building Commissioner's Office . ...$ (General Fund and Miscel- laneous General Revenues) 3,000.00 *$ 3'200.00 A. Salary Building Commissioner. Stenographer (20% Time). ••••••• 200.00 25.00 A. Salary 25.00 C. Office.................................4............................ 150.00 150.00 F. Maintenance ............................................... 100.00 100.00 G. Material and Supplies ....................... •..•. $ 3,475.00 $ 3,475400 Totals.................... ...................... (General Fund -$1,675.00; Fees •. -$1,800.00) (Note: includes Civil Engineering Duties.) } Special Session, March 20th, 1940 Item 122 -Plumbing Inspector's Office (General Fund and Miscellane Totals ......................................................$ 2,430.00 $ 2,430.00 (General Fund -$1,030.00; Fees -$1,400.00.) Item 123 -Electrical Inspector's Office (General Fund and Miscellane- ous General Revenues) A. Salary Plumbing Inspector ......................$ 2,160.00 $ 2,160.00 A. Salary Stenographer (15% Time)........ 150.00 150.00 C. Office .............................................................. 25.00 25.00 D. Printing........................................................ 15.00 15.00 G. Material and Supplies ..............................50.00 175.00 50.00 J-1. Plumbing Board .......................................... 30.00 30.00 Totals ......................................................$ 2,430.00 $ 2,430.00 (General Fund -$1,030.00; Fees -$1,400.00.) Item 123 -Electrical Inspector's Office (General Fund and Miscellane- ous General Revenues) A. Salary Electrical Inspector ......................$ 2,220.00 $ 2,220.00 A. Salary Stenographer (15% Time).......... 150.00 150.00 C. ' Office.............................................................. 25.00 25.00 D. Printing........................................................ 15.00 15.00 F. Maintenance ................................................ 175.00 175.00 G. Material and Supplies .............................. 100.00 100.00 Totals .....................................................$ 2,685.00 $ 2,685.00 (General Fund -$1,085.00; Fees -$1,600.00.) Item 124 -Dog Pound (Miscellaneous General Revenues) J. Enforcement Dog Ordinance ..................$ 150.00 $ 150.00 Subtotals Group II, Protection of Life and Property .... ............ ................... $220.407.00 $220,055.00 GROUP III -HEALTH AND SANITATION Item 125 -Health Operation (General Fund) A. Salary Director (Part Time) ..................$ 1,800.00 $ 1,800.00 A. Salary Sanitary Inspector ...................... 1,450.00 1,450.00 A.. Salary Clerk ................................................ 1,080.00 1,080.00 A. Salary Restaurant Inspector .................... 1,080.00 1,080.00 A. Salary Head School Nurse (10 Mo.).... 1,700.00 1,700.00 A. Salary School Nurse .............. I................. 1,400.00 1,400.00 A. Salary School Nurse .............................. 1,350.00 1,350.00 A. Salary School Nurse ................................ 1,250.00 1,250.00 B. Travel............................................................ 50.00 50.00 C. Office ............................................................ 150.00 150.00 D. Printing........................................................ 50.00 50.00 E. Equipment .................................................... 50.00 50.00 E. Maintenance (2 cars) ................................ 250.00 250.00 G. Material and Supplies ................................ 400.00 400.00 J-1. Laboratory Expense............I................... 900.00 900.00 J-2. Miscellaneous ............................................. 100.00 100.00 Totals ..... _. _ _ _............................$ 13,060.00 $ 13,060.00 Item 126 -Control of Contagious Diseases J. Control of Contagious Diseases ............ $ 1,200.00 $ 1,200.00 Item 127 -Sewer Maintenance (Main Sewer Fund) A. Salary Sewer Foreman ............................$ 1,800.00 $ 1,800.00 A. Wages Laborers ........................................ 8,500.00 8,500.00 E. Equipment ..........................................:......... 500.00 500.00 F. Maintenance ................................................ 700.00 700.00 G. Material and Supplies ........................... 300.00 300.00 J-1. Power for Sewer Pumps ........................ 1,300.00 1,300.00 Totals .......................................... ......_ $ 13,100.00 $ 13,100.00 Item 128 -Garbage Disposal (General Fund) J. Contract for Garbage Collection and Disposal . I ...........................................$ 18,000.00 $ 15,490.00 Item 129 -Milk Inspection (General Fund and Miscellaneous General Revenues) A. Salary Milk Inspector ..............................$ 1,800.00 $ 1,800.00 E. Equipment ................................................. 160.00 160.00 F. Maintenance of Inspector's Car .............. 300.00 300.00 Special Session, March 20th, 1940 55 G. Material and Supplies .............................. 100.00 100.00 Totals ......................................................$ 2,360.00 $ 2,360.00 (Milk Inspector's Fees—$1,700.00; General—$660.00). Subtotals Group III, Health and Sanitation ......................................$ 47,720.00 $ 45,210.00 GROUP IV—HIGHWAYS AND STREET LIGHTS Item 131—Highways Administration (General Fund) A. Salary Timekeeper..................I................$ 11800.00 $ 1,800.00 F. Maintenance ............................................... G. Material and Supplies ............................. 100.00 150.00 100.00 150.00 Totals ......................................................$ 2,050.00 $ 2,050.00 Item 132—Street Repairing and Grading (General Fund and Grading Fund) A. Wages Laborers............................I...........$ 15,000.00 $ 15,000.00 E. Equipment .................................................... 4,500.00 4,500.00 4,500.00 4,500.00 F. Maintenance ................................................ G. Material and Supplies .............................. 5,500.00 5,500.00 Totals .....................................................$ 29,500.00 $ 29,500.00 (General—$24,500.00; Grading—$5,000.00.) Item 133—City Garage (General Fund) $ 2,300.00 $ 2,300.00 A. Salary Head Mechanic .................... 5,200.00 5,200.00 A. Salary Mechanics ...................................... 75.00 75.00 C. Office.............................................................. 500.00 500.00 E. Equipment .................................................... F. Maintenance on Garage .......................... 400.00 400.00 325.00 G. Material and Supplies .............................. 325.00 00-00 2'550 00-00— 2550.00 H. Heat, Light, Power ......• ........ . • 00 1. Insurance on Garage ................................ Totals ....................................................$ 11,350.00 $ 11,350.00 Item 134—Ash and Can Collections(General Fund) 8,000.00 $ 8,000-00 A. Wages Drivers and Laborers ................$ 1,400.00 1,400.00 F. Maintenance ............................................... G. Material and Supplies .......... .................. 500.00 500.00 t' 9,900.00 $ 9,900.00 Totals .... >` Item 138—Street and Traffic Signal Lighting .$ (Light Fund) f H. Total for Street Lighting and Traffic $ 38,600.00 $ 38,600.00 Signals ............................................. 772.00 772.00 J. 2% Sales Tax ................................... r $ 39,372.00 $ 39,372.00 Totals................................................... Item 140—Street Cleaning (Garbage Disposal and Street Cleaning Fund)$ A. Wages Drivers and Laborers ................ $ 12,500-00 12,500.00 500.00 E. Equipment .................................................... 3,000.00 3,000.00 F. Maintenance ................................................ 580-00 580.00 G. Material and Supplies .............................. 100.00 143.00 J. Surplus......................................................... ......$ 16,680-00 $ 16,723.00 Totals _............................ Item 141—Snow and Ice Removal (Snow $e 3 val Fund) $ 3,900-00 A. Labor .. _... .................._. __ 350.00 350.00 E. Equipment .................................................... 1 000.00 1,000.00 F. Maintenance .......................................... 33� 350.00 G. Material and Supplies ........................ ••.• 00 65.00 J. Reserve........................................................ _--- 5,637.00 $ 5,665.00 Totals .................................. ..................$ Subtotals Group IV, Highways and $114,489.00 $114,560.00 Street Lighting ..•• •.• • • • GROUP V—LIBRARY Item 143A—Library Fund and Miscellaneous Lib ra1ryy0Revenuue 2,340.00 A. Salary Librarian ................ 1.1,"o.00 1,740.00 A. Salary Reference Librarian 56 Special Session, March 20th, 1940 A. Salary Catalogue Librarian ....................1,500.00 200.00 1,560.00 A. Salary Child Librarian .......... .................. 1,380.00 1,440.00 A. Salary School Librarian .......................... 1,080.00 1,140.00 A. Salary Acting Circulation Librarian.... 1,020.00 1,080.00 A. Salary General Assistant ........................ 900.00 960.00 A. Salary General Assistants (3) ................ 2,520.00 2,700.00 A. Salary General Assistant (half time).. 621.00 450.00 A. Salary Janitor ............................................ 1,260.00 1,320.00 B. Travel............................................................ 50.00 50.00 C. Office .............................................................. 100.00 100.00 D. Printing........................................................ 50.00 50.00 E. Equipment Books ..................................... 6,000.00 7,000.00 F. Maintenance ................................................ 2,711.00 2,700.00 G. Material and Supplies .............................. 1,000.00 11000.00 H. Heat, Light, Water .................................. 2,100.00 2,100.00 I. Insurance .................................................... 300.00 300.00 J-1. Interest on Warrants ................................ 100.00 100.00 J-2. Reserve for Emergency .......................... 1,461.00. 1,267.00 $ 23,001.00 Totals ......................................................$ 28,113.00 $ 29,397.00 -$1,750.00) Subtotals Group V -Library ............ $ 28,113.00 $ 29,397.00 (Library Fund -$26,897.00; Misc. Library Revenues - A. $2,500.00.) $ 2,250.00 $ 2,250.00 GROUP VI -PARK FUND Item 144A -Park Administration $ 2,050.00 200.00 A. Salary Superintendent ............................$ 1,800.00 $ 1,800.00 B. Travel............................................................ 100.00 100.00 C. Office.............................................................. 125.00 125.00 D. Printing and Advertising .......................... 50.00 50.00 J-1. Miscellaneous .............................................. 11.00 15.00 Totals ......................................................$ 2,086.00 $ 2,090.00 Item 1446 -Park Areas, Buildings, etc. A. Wages of Laborers ....................................$ 10,500.00 $ 10,500.00 C. Forestry........................................................ 2,000.00 2,000.00 E. Equipment .................................................... 1,125.00 1,150.00 F. Maintenance ................................................ 800.00 1,175.00 G. Material and Supplies .............................. 2,890.00 2,900.00 H. Heat, Light, Water and Telephone...... 2,000.00 1,775.00 I. Insurance .................................................... 500.00 300.00 J-1. Renovations and Replacements .............. 500.00 225.00 J-2. Interest, Reserve and Assessments........ 600.00 530.00 Totals ......................................................$ 20,915.00 $ 20,555.00 Subtotals Group VI -Park Fund ...... $ 23,001.00 $ 22,645.00 (Park Tax -$20,895.00; Misc. Park Revenues -$1,750.00) GROUP VII -PLAYGROUND AND SWIMMING POOL FUND Item 145A -Recreation Administration A. Salary Director ........................................ $ 2,250.00 $ 2,250.00 B. Travel............................................................ 50.00 50.00 C. Office.............................................................. 120.00 120.00 F. Maintenance (car) .................................... 360.00 360.00 G. Material and Supplies .............................. 100.00 100.00 Totals.....................................................$ Item 145B -Playgrounds - A. Salary Supervisors, Directors, etc ......... $ A. Wages of Laborers .................................... E. Equipment ..................... ............................... F. Maintenance ................ ................................ G. Material and Supplies .............................. H. Heat, Light ......................... ......................... I. Insurance .................................................... Totals......................................................$ Item 145D -Winter Sports A. Wages Check Room, etc.... .................... $ C. Office ........................................... ................ 2,880.00 $ 2,880.00 2,050.00 $ 2,050.00 200.00 200.00 500.00 500.00 650.00 650.00 400.00 400.00 100.00 100.00 50.00 50.00 3,950.00 $ 3,950.00 650.00 $ 650.00 25.00 25.00 Special Session, March 20th, 1910 57 E. Equipment..................................................100.00 100.00 F. Maintenance............................................ 200.00 200.00 G. Material and Supplies ........................... 150.00 150.00 H. Heat and Light .......................................... 375.00 375.00 Totals......................................................$ 1,500.00 $ 1,500.00 Item 145E-Swimming Pool Operation A. Salary Superintendent _ ........................$ 450.00 $ 450.00 A. Salary Guards (4) ......... 11 ........................ 840.00 840.00 A. Salary Attendants.................................... 1,500.00 1,500.00 F. Maintenance................................................ G. Material and Supplies .............................. 600.00 250.00 600.00 250.00 H. Light and Power..........................I.............600.00 200 00 600.00 2 0.00 I. Insurance.................................................... J. Miscellaneous.............................................. 100.00 100.00 Totals......................................................$ 4,540.00 $ 4,540.00 Item 145G-Indoor Winter Sports100.00 100.00 $ J. Miscellaneous..............................................$ Item 145H-Emergency 50.00 $ 50.00 J-1. Interest on Warrants................................$ 182.00 225.00 J-2. Reserve......................................................... Totals......................................................$ 232.00 $ 275.00 Item 146-Athletic Park 400.00 $ 400.00 A. Wages Caretaker......................................$ 750.00 750.00 F. Maintenance............................................... G. Material and Supplies .............................. 150.00 150.00 200.00 H. Lights............................................................ 200.00 500.00 500.00 1. Insurance.................................................... 50.00 50.00 J-1. Miscellaneous............................................ Totals.....................................................$ 2,050.00 $ 2,050.00 Subtotals Group VII-Playground $ 15,252.00 $ 15,295.00 and Swimming Pool .................... . Swimming Pool Tax-$12,720.00; Misc. Play- (Playground and ground Revenue-$2,575.00.) GROUP VIII-MISCELLANEOUS Item 147-Planning and Zoning (General Fund) 25.00 $ 25.00 J. Miscellaneous..............................................$ Item 148E-Ambulance (General Fund and Misc. Revenues) 3,360.00 $ 3,360.00 A. Salaries Drivers (2)................................$ 300.00 400.00350.00 . F. Maintenance ............................ .................. G. Material and Supplies .............................. 150.00 225.00 525.00 1. Insurance.................................................... 4,335.00 $ 4,335.00 Totals .......$ • (Ambulance Fees-$1,200.00; General Fund-$3,135.00.) Item 148C-Other Miscellaneous (General Fund)80.00 80.00 $$ J-1. Iowa League of Municipalities............... 3,300.00 3,300.00 J-2. Damages........................................................ J-3. Printing Council Proceedings ................ 3,200.00 1,500.00 3,200.00 1,500.00 J-4. Revised Ordinances 2,000.00 2,000.00 J-5. State Examiners .................................... 500.00 500.00 J-6. Repairs to Town Clock .............................. 3,000.00 3,000.00 J-7. Misc. Unclassified..................................... 900.00 J-8. Workmen's Compensation Insurance...• 1'125.00 1,900.00 125.00 J-9. Interest on Warrants............................... 15,605.00 $ 15,605.00 Totals......................................................$ Item 148F-Airport (General Fund) $ 130.00 I. Insurance.................................................$ 550.00 550.00 J. Miscellaneous .. ....................... . $ 680.00 $ 680.00 Totals ................ ............. Subtotals Group VIII, $ 20,645.00 $ 20,645.00 Miscellaneous . - - 58 Special Session, March 20th, 1940 Item 161J-1 City Bonds and Interest GROUP IX—MARKETS AND PUBLIC SCALES $ 39,615.00 A-2. Grading Bond Redemption .................... 16,000.00 (General Fund and Misc. General Revenues) A-3. Storm Sewer Bond Redemption............ 48,000.00 Item 152—Market Master's Office 7,000.00 A. Salary Market Master ..........I .................$ 1,400.00 $ 1,400.00 F. Maintenance ................................................ 20.00 20.00 G. Material and Supplies .............................. 65.00 65.00 J-1. Miscellaneous .............................................. 20.00 20.00 000.00; Emergency Fund—$33,300.00.) Totals ......................................................$ 1,505.00 $ 1,505.00 (General Fund—$305.00; Misc. General Revenues—$1,200.00.) $ 8,240.00 A-2. Dock Bond Redemption ............................ 26,000.00 Subtotals Group IX—Market and A-3. Surplus.......................................................... 1,653.00 478.00 Public Scales ........................................$ 1,505.00 $ 1,505.00 GROUP X—MUNICIPAL IMPROVEMENTS Item 162—Assessments and Sewers J-1. City's Share of Special Assessments ...... $ 8,000.00 $ 8,000.00 J-2. Storm Sewer and Inlets ............................ 2,000.00 2,000.00 Totals ......................................................$ 10,000.00 $ 10,000.00 Subtotals Group X—Municipal Im- provements ............................................$ 10,000.00 $ 10,000.00 (Improvement Fund—$8,00.00; Sewer Fund—$2,000.00.) GROUP XI—PENSION FUNDS Item 154—Police Pensions J-1. Police Pensions ..........................................$ 9,300.00 $ 13,698.00 J-2. Police Retirement System ...................... 742.00 1,037.00 Totals.......................................................$ 10,042.00 $14,735.00 Item 155—Fire Pensions J-1. Fire Pensions ............................................$ 15,700.00 $ 24,798.00 J-2. Fire Retirement System ........................:. 980.00 1,965.00 Totals ......................................................$ 16,680.00 $ 26,763.00 Subtotals Group XI—Pensions .......... $ 26,722.00 $ 41,498.00 (Policemen's Pension Levy—$13,534.00; Balance on hand and contributions—$1,201.00; Firemen's Pension Levy—$21,404.00; Balance on hand and contributions—$5,359.00.) GROUP XII—MUNICIPAL INDEBTEDNESS Item 161J-1 City Bonds and Interest A-1. Regular City Bond Interest ....................$ 43,985.00 $ 39,615.00 A-2. Grading Bond Redemption .................... 16,000.00 17,000.00 A-3. Storm Sewer Bond Redemption............ 48,000.00 58,000.00 A-4. Sinking Fund .............................................. 11,000.00 7,000.00 A-5. Improvement Bond Redemption .............. 30,000.00 30,000.00 A-6. Surplus.......................................................... 1,495.00 1,381.00 Totals......................................................$150,480.00 $152,996.00 (Bond Interest Fund—$24,016.00; Bond Retirement Fund—$61,- 057.00; Grading Fund—$5,000.00; Improvement Fund—$6,- 000.00; Main Sewer—$3,623.00; Water Works Fund—$20,- 000.00; Emergency Fund—$33,300.00.) Item 161J-2 Dock Bond and Interest Fund A-1. Interest on Dock Bonds ............................$ 9,345.00 $ 8,240.00 A-2. Dock Bond Redemption ............................ 26,000.00 27,000.00 A-3. Surplus.......................................................... 1,653.00 478.00 Totals .................... .............................$ 36,998.00 $ 35,718.00 Subtotals Group XII—Municipal In- debtedness ............................... $187,478.00 $188,714.00 EMERGENCY AND RESERVE Reserve in General Misc. Revenues.... .. ...$ 2,281.00 $ 283.00 Reserve in Emergency Fund ............................ 134.00 179.00 Totals ......................................................$ 2,415.00 $ 462.00 Special Session, March 20th, 1940 59 GROUP XIII -DOCKS (Dock Fund and Misc. Dock Revenues) Item 153A -Dock Operation A. Salary Engineers ........................................$ 240.00 $ 420.00 B. Travel............................................................ 150.00 100.00 F. Maintenance ................................................ 100.00 100.00 G. Material and Supplies .............................. 50.00 75.00 I. Insurance...................................................... J-1. Traffic Association Dues .......................... 47b 00 300.00 467.30 300.00 J-2. Improvements .............................................. 100.00 100.00 J-3. Miscellaneous ............................................. 200.00 500.00 200.00 500.00 J-4. Land Purchase Contract .......................... 480.00 J-5. Land Purchase Contract (Interest) ...... ............... Totals ....................................................$ 2,115.00 $ 2,742.30 Item 153B -Dredge Operation 180.00 $ 180.00 A. Salary Engineers ......................................$ A. Salaries Operators .................................... 1,800.00 3,324.48 A. Salary Oiler 1,100.00 578.00 .................. 832.00 A. Wages Laborers .......................................... F. Maintenance (Repairs) .......................... 500.00 300.0 G. Material and Supplies .............................. 200.00 3,500.00 500.00 4,524.00 H. Electric Power .......................................... 725.00 706.25 I. Marine Insurance .................................... 1. Workmen's Compensation Insurance.... 225.00 225.00 J. Miscellaneous .............................................. 645.00 500.00 ...................................................... Totals$ 9,453.00 $ 11,091.73 Item 153C -W. P. A. Project 1,450.00 $ 1,250.00 E. Trucking......................................................$ 250.00 100.00 E. Scale Rental ................................................ 300.00 200-00 E. Tools.............................................................. 500.00 1,250 00 G. Supplies........................................................ ..................................................... Totals.$ 2,500.00 $ 2,800.00 Item 153D- G. Seventh St. Storm Sewer Materials......$ 4,612.00 $ 2,314.97 G. Rip Rap and Surfacing .............................. .............. . Totals... ................................................. Subtotals Group XIII -Docks ......... .$ 18,680.00 Misc. Dock Revenue $ 18,949. 00 -$2,260.00.) (Dock Tax Fund -$16,689.00; GROUP XIV -WATER WORKS (Self Supporting) Receipts -10,000.00 Est. Cash on Hand, April 1st ............................$ 20,000.00 140,000.00 $140,000.00 Est. Receipts for Metered Sales ...................... 250.00 250.00 Est. Receipts from Flat Sales ........................ Fire Protection Service 2,250.00 2,250.00 Est. Receipts from Est. Receipts from Non -Operation Service.. 5,000-00 2,950.00 5,000.00 2,950.00 Est. Receipts from Sales Tax .......................... _ _- $160,450.00 Totals.......4.......................I....................$170,450.00 DISBURSEMENTS 149A -Administration *$ 3,000.00 *$ 3,000.00 A. Salary Superintendent _ - 2,160.00 2,160.00 A. Salary Accountant ....... ................... A. Salary Stenographer and Clerk .............• 560-00 1,200.00 1,560.00 1,200.00 A. Salary Clerk ................................................ 1,200-00 1,200.00 A. Salary City Manager (20%)••.••••• •••• . • 490.00 490.00 A. Salary City Auditor (20%) ...................... 480.00 480.00 A. Salary City Treasurer (20%).•• • •••. • • 125.00 125.00 B. Travel.......................................................... 800.00 800.00 C. Office Expenses and Postage .•.••••.• .• : 300.00 300.00 D. Printing and Advertising ••••• ••• •. • • •••• 1,150.00 1,150.00 E. Equipment .......................................... .. 300.00 300.00 F. Maintenance ................................................ G. Material and Supplies ................4............. 8 00-00 50.00 800.00 50.00 I. Insurance .............................................. 60 Special Session, March 20th, 1940 J-1. Sinking Fund ............................................. 4,800.00 4,800.00 J-2. Refunds.......................................................... 2,500.00 2,500.00 J-3. Miscellaneous .............................................. 500.00 500.00 J-4. State Sales Tax ...................................... 2,950.00 2,950.00 Totals ......................................................$ 24,365.00 $ 24,365.00 (*NOTE: Includes Cashier Duties) 14913—Water A. Operation Salary Field Engineer ............................$ 2,400.00 $ 2,400.00 A. Salary Plant Chief Engineer .................. 2,160.00 2,160.00 A. Salary Plant Engineers (6) .................... 10,800.00 10,800.00 A. Wages Extra Station Labor....................1,000.00 11000.00 A. Salary Tapper ............................................ 1,620.00 1,620.00 A. Salary Meter Service Man ...................... 1,560.00 1,560.00 A. Salary Meter Repair Man........................1,860.00 1,860.00 A. Salary Meter Reader..................................1,560.00 1,560.00 A. Salary Asst. Meter Repair Man..............1,620.00 1,620.00 A. Salary General Foreman ........................2,250.00 2,250.00 A. Salary Asst. Foreman ..............................1,680.00 1,680.00 A. Wages of Laborers....................................8,000.00 8,000.00 E. Equipment....................................................10,000.00 10,000.00 F. Maintenance................................................12,000.00 12,000.00 G. Material and Supplies .............................. 1,500.00 1,500.00 H. Heat, Light and Power ............................ 25,000.00 25,000.00 I. Insurance...................................................... 1,250.00 1,250.00 J-1. Water Main Materials .............................. 10,000.00 10,000.00 J-2. Other Betterments .................................. 25,000.00 15,000.00 J-3. Store Reserve .............................................. 3,000.00 3,000.00 J-4. Miscellaneous .............................................. 1,000.00 1,000.00 Totals......................................................$125,260.00 $115,260.00 Grand Total Water Works Appropriation .... $149,625.00 $139,625.00 Non -Appropriated Reserve .............................. 825.00 825.00 Transfer to City Indebtedness .......................... 20,000.00 20,000.00 Totals......................................................$170,450.00 $160,450.00 RECAPITULATION OF TOTAL APPROPRIATIONS AND RESERVES Budget Proposed 1939-40 1940-41 (a) City Operation, Groups I to XI inclu- sive, Emergency and Reserve ...............$543,979.00 $560,110.00 Reserve in General Fund and General Misc. Revenues .......................................... 2,281.00 283.00 Reserve in Emergency Fund .................. 134.00 179.00 (b) Municipal Indebtedness, Group XII...... 187,478.00 188,714.00 (c) Docks, Group XIII .................................... 18,680.00 18,949.00 (d) Water Works Appropriation, Group XIV................................................................ 149,625.00 139,625.00 Water Works Reserve ............................ 825.00 825.00 Totals......................................................$903,002.00 $908,685.00 Tax Revenues ..............................................$659,604.00 $667,590.00 Miscellaneous Revenues and Estimated Balance April 1, 1940.......... 72,948.00 50,645.00 Water Works Revenue ............................ 170,450.00 160,450.00 Totals...............................................:......$903,002.00 $908,685.00 Reso!ution No. 17-40 Whereas, this Council has pre- pared its budget of proposed expen- ditures for the fiscal year beginning April 1, 1940, and ending March 31, 1941, wherein estimates of the ex. penses of the departments and pur- poses are shown, including the esti- mates for which the consolidated tax levy and all other levies hereto- fore made, receipts from moneys and credits and miscellaneous sources are to be used, and said budget shows all of the proposed expenditures for the ensuing fiscal year, and the same was published by law and an opportunity was given all who might wish to file ob- jections or protest to the same or to any omissions therefrom, and the time for final action thereon having been fixed as the 20th day of March, 1940; and Special Session, March 20th, 1940 61 Whereas, subsequent to the pre e paration and publication of such d budget, this Council has deemed it necessary and advisable to amend the same by incorporating therein the proposed increased miscellan- eous library revenues and their ap- t propriation for books; all of said proposed changes having been here- tofore provided for in a resolution t adopted by this Council on the 20th day of March, 1940; and Whereas, no objections have been filed or made to said budget: Now, Therefore, Be It Resolved by the City Coun- cil of Dubuque that said budget of proposed expenditures for the fiscal year beginning April 1, 1940, and ending March 31, 1941, as hereto- fore prepared, and as amended, as herein stated, be and the same is hereby adopted and approved. Passed, adopted and approved this 20th day of March, 1940. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Clark. Car- ried by the following vote: Y e a s — Mayor Murphy, Council- men Clark, Thompson, Van Duel - man, Wharton. Nays—None. Ordinance No. 3-40. An ordin- ance appropriating money for the various funds and purposes of the City of Dubuque for the fiscal year beginning April 1, 1940, and ending March 31, 1941, presented and read. Councilman Van Duelman moved that the reading just had be consid- ered the first reading of the ordin- ance. S e c o n d e d by Councilman Clark. Carried by the following vote: Y e a s — Mayor Murphy, Council- men Clark, Thompson, Van Duel - man, Wharton. Nays—None. Councilman Van Duelman moved that the rules be suspended requir- ing an ordinance to be read on three separate days. Seconded by Councilman Wharton. Carried by the following vote: Y e a s — Mayor Murphy, Council- men Clark, Thompson, Van Duel - man, Wharton. Nays—None. The ordinance was then read a second time. Councilman Van Duelman moves'. that the reading just had be consid- red the second reading of the or - red "e-, Seconded by Councilman Clark. Carried by the following vote: Y e a s — Mayor Murphy, Council- men Clark, Thompson, Van Duel- nan, Wharton. Nays—None. Notice of Claim of Curran J. Car- oll in an unknown amount for in- juries sustained in a fall on an icy driveway on 24th Street, about 75 feet from Jackson Street, on the south side of the street, presented and read. Councilman Wharton moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Council- man Van Duelman. Carried by the following vote: Y e a s—Mayor Murphy, Council- men Clark, Thompson, Van Duel - man, Wharton. Nays—None. Notice of Claim of Leona De So - tel for damages to her clothing and for a doctor bill caused in a fall on a defective sidewalk in front of 1264 Langworthy Street, presented and read. Councilman Wharton moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Council- man Van Duelman. Carried by the following vote: Y e a s — Mayor Murphy, Council- men Clark, Thompson, Van Duel - man, Wharton. Nays—None. Notice of Claim of Mrs. Barbara Becker in the amount of $25.00 for injuries sustained in a fall on a de- fective sidewalk on the corner of Delhi and Stewart Streets, present- ed and read. Councilman Wharton moved that the Notice of Claim be referred to the City Solicitor for investigation report.and man VanDuele Council- man Carried by the following vote: Y e a s—Mayor Murphy, Council- men Clark, Thompson, Van Duel - man, Wharton. Nays—None. Notice of Claim of Floyd D. Ber- endes in the amount of $150.00 for damages sustained by his minor sou, Floyd T. Berendes, caused in a fall on an icy sidewalk idewa k1nfront Of presented 1521 Rhomberg and read. Councilman Thompson m o v e d that the Notice of Claim be referred to the City Solicitor for iuvestiga- tiou and report Seconded by Coun- cilman Clarlc. Carried by the fol- lowing vote: 62 'necial Session, March 20th, 1940 Y e a s —Mayor Murphy, Council- men Clark, Thompson, Van Duel - man, Wharton. Nays—None. Communication of Dubuque Mas- ter Plumbers Association submit- ting attached addition and proposed changes to the Plumbers Ordinance, presented and read. Councilman Clark moved that the communication and attached addi- tion and proposed changes to the Plumbing Ordinance be referred to the City Solicitor for investigation and report. Seconded by Council- man Thompson. Carried by the fol- lowing vote: Y e a s—Mayor Murphy, Council- men Clark, Thompson, Van Duel - man, Wharton. Nays—None. Communication of Massachusetts Bonding and Insurance Company submitting Revocation of Power of Attorney of F. W. Coates, deceased, presented and read. Councilman Clark moved that the Revocation of Power of Attorney of F. W. Coates, deceased, be received and placed on file. Seconded by Councilman Thompson. Carried by the following vote: Y e a s—Mayor Murphy, Council- men Clark, Thompson, Van Duel - man, Wharton. Nays—None. Petition of American Legion Aux- iliary asking permission for the holding of their annual Poppy Dis- tributiou Day on Saturday, May 25th, 1940, presented and read. Councilman Van Duelman moved that the request be granted. Sec- onded by Councilman Clark. Car- ried by the following vote: Yeas—Mayor Murphy, Council- men Clark, Thompson, Van Duel - man, Wharton. Nays—None. Petition of Mrs. Ida Wohlert re- questing the waiving of the penal- ties and interest charges in excess of 5% per annum involved in the redemption of the delinquent spe- cial assessment on Lot 3 of Jansen's Sub. No. 3, presented and read. Councilman Thompson m o v e d that the petition be referred to the City Manager for investigation and r e p o r t. Seconded by Councilman Clark. Carried by the following vote: Y e a s—Mayor Murphy, Council- men Clark, Thompson, Van Duel - man, Wharton. Nays—None. Petition of Midwest Lumber Com- pany requesting a refund on pen- alties and interest charges on de- linquent special assessments paid on Lots 4, 5 and 6 in Grandview Heights Addition, presented and read. Councilman Wharton moved that the petition be referred to the City Manager and City Treasurer for investigation and report. Second- ed by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Council- men Clark, Thompson, Van Duel - man, Wharton. Nays—None. Petition of Anna Ricketts, refer- red to the City Council by the Board of Supervisors, requesting suspension of the 1939 taxes on Lot 2 of 4 Sub. of 1 of 1 of 1 of 3 of Min. Lot 172, presented and read. Councilman Van Duelman moved that the petition be referred to the City Solicitor for investigation and report. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Council- men Clark, Thompson, Van Duel - man, Wharton. Nays—None. Petition of Kate S. Lundbeck, referred to the City Council by the Board of Supervisors, request- ing suspension of the 1939 taxes on Lot 11 Cox Addition and Lot 242 Woodlawn Park Addition, pre- sented and read. Councilman Van Duelman moved that the petition be referred to the City Solicitor for investigation and report. Seconded by Council- man Clark. Carried by the fol- lowing vote: Yeas—Mayor Murphy, Council- men Clark, Thompson, Van Duel - man, Wharton. Nays—None. Petition of Wm. A. Haller, re- ferred to the City Council by the Board of Supervisors, requesting suspension of the 1939 taxes on Lot 27 of McCrauey's 2nd Addition, pre- sented and read. Councilman Van Duelman moved that the petition be referred to the City Solicitor for investigation and report. Seconded by Council- man Clark. Carried by the fol- lowing vote: Yeas—Mayor Murphy, Council- men Clark, Thompson, Van Duel - man, Wharton. Nays—None. Proof of publication, certified to by the publishers, of a statement Of receipts and also a list of claims for which warrants were drawn during the month of January, 1940, Presented and read. Councilman Van Duelman moved that the proof of publication be re- ceived and filed. Seconded by Coun- Session, March 20th, 1940 63 cilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Council- men Clark, Thompson, Van Duel - man, Wharton. Nays—None. Dubuque, Iowa, March 11, 1940. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: In accordance with the provisions of Chapter 289 of the State Code of Iowa, 1935, as amended, the Civil Service Commission conduct- ed a competitive examination for eligible list for appointment to the position of sewer foreman, said examination being held on March 8, 1940. The following list shows the names of those who passed the examination with an average of 70% or better. Name Average Brothers, Earl S . ........................95% Coffee, Andrew B . ......................75% Brandt. William ............................70% Burke, R. J . ............................. Respectfully submitted, FRANCIS P. QUINN, M.D. Chairman. JOHN SCHAETZLE, C. S. HARKER, Commissioners. Attest: J. J. SHEA, Clerk, Civil Service Commission. State of Iowa County of Dubuque ss. Subscribed and sworn to before me a Notary Public in and for Dubuque County, State of Iowa, this 11th day of March ,1940. GERALDINE L. DEMKIER, Notary Public in and for Dubuque County, State of Iowa. Councilman Clark moved that the report of the Civil Service Commis- sion be received and made a matter of record. Seconded by Council- man Thompson. Carried by the following vote: Yeas—Mayor Murphy, Council- men Clark, Thompson, Van Duel - man, Wharton. Nays—None. March 20, 1940. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I herewith submit thf reports of the City Auditor, Citi Treasurer and City Water Depart anent, Health Department, for thi month of February, 1940, also s list of claims and list of payroll for which warrants were draw] during the month of February 1940. Respectfully submitted, A. A. RHOMBERG, City Managei 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 Murphy, Council- menClarlc, Thompson, Van Duel - uiau, Wharton. Nays—None. March 12, 1940. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have approved the follow- ing Excavation Bonds and desire to have your approval on same for tiling: Richard J. Burke, 130 West 13th Street—Policy No. YE 3361, London Guarantee & Accident Co., Ltd. H. B. McCarten, 231 West 5th Street—Policy No. O 62091, Ameri. can Employers' Ins. Co. Louis Buechel, 1043 Main Street —Bond No. 4387314, Fidelity & De- posit Co. of Maryland. Frank G. Braeonier, 1091 Julien Avenue—Policy No. YM 1508, Lon- don Guarantee & Accident Co., Ltd. Archie LeVan, 2239 Central Av- enue -1 olicy No. CLP 8332, The *vVestern Casualty & Suercy Co. Seubert and Fesler, 1603 Central Avenue—Policy No. 3-331663, Em- ployers Mutual Liability Ins. Co. of Wis. Mullen Bros. Co., 1036 Main Street—Bond No. 54381, Continental Casualty Co. A. L. Hammel, 2251 Prince Street —lsond No. 139114, Western Surety t;o. Key City Gas Co., 669 Main Street —Bond No. 735673, The Fidelity & Casualty Go. of N. Y. Edward T. Cleaver, 1135 Main Street—Bond No. 735674, The Fidel- ity & Casualty Co. of N. Y. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Van Duelman moved that the bonds be approved and placed on file. Seconded by Coun- cilman Thompson. Carried by the Lullowmg vote: Yeas—Mayor Murphy, Council- men Clark, Thompson, Van Duel - man, Wharton. Nays—None. March 20, 1940. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the session of L the City Council held February 26, 1940, the petition of M. J. Wells asking cancellation of interest and penalties on delinquent special as- sessments against Lot 5 of Pine- hurst Subdivision was referred to fa Suecial Session, March 20th, 1940 the City Manager and City Treas- urer for investigation and report. We have examined the records and find that Dubuque County is acquiring a Treasurer's Deed to the property. The petitioner has entered into an agreement to pur- chase the lot from Dubuque County. Respectfully submitted, A. A. RHOMBERG, City Manager. OTTO F. PULS, City Treasurer. Councilman Van Duelman moved that the communication of City Manager Rhomberg and City Treas- urer Puls be received and made a record. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Council- men Clark, Thompson, Van Duel - man, Wharton. Nays—None. March 8, 1940. Honorable Mayor and Members of the City Council of Dubuque, Iowa. Gentlemen: I herewith return to you the fol- lowing petition for suspension of taxes: Sarah Koehler and Henry E. Koehler, Jackson School Sub. Lot 15, City of Dubuque, Iowa. And with reference thereto re- port: That the City Council of the City of Dubuque should approve the petition and that the Board of Supervisors should be notified of said approval. Respectfully submitted, JOHN J. KINTZINGER, City Solicitor. Councilman Clerk moved that the report of City Solicitor Kintzinger be approved and that the petition of Sarah Koehler and Henry E. Koehler requesting suspension of the 1939 taxes on Lot 15 of Jack- son School Subdivision be granted and that the Board of Supervisors be notified of the action of the City Council. Seconded by Coun- cilman Van Duelman. Carried by the following vote: Yeas—Mayor Murphy, Council- men Clark, Thompson, Van Duel - man, Wharton. Nays—None. March 6, 1940. Honorable Mayor and City Council, City of Dubuque, Iowa. Gentlemen: On April 12, 1939, there was referred to the City So- licitor claim of Mrs. Rose Geske in the amount of $787.50 for expenses and personal injuries received in a fall on an icy and defective side- walk on Alta Vista Street near the corner of Vernon Street; that Mrs. Geske received broken bones in her ankle and was unable to walk from the date of the injury, March 5, 1939, until some time in July, 1939, and was thereafter incapacitated to a great extent; that she incurred doctor bills, had X-ray pictures tak- en and incurred other expenses; that I have talked the matter over with her, and have further investi- gated the situation and find that she fell at the place that she claims, and that the sidewalk was not only icy, but was defective because of smooth cement blocks having been raised higher than the adjoining blocks; that she had agreed to ac- cept $100.00 in full payment of her claim against the City. I respectfully recommend that the claim be allowed in the sum of $100.00 and that a warrant be is- sued to Mrs. Rose Geske therefor, and that the same be delivered to her upon the execution by claimant of the inclosed receipt and release. Respectfully submitted, JOHN J. KINTZINGER, City Solicitor. Councilman Clark moved that the recommendation of City Solicitor Kintzinger be approved and that the City Auditor be instructed to draw a warrant in the amount of $100.00 payable to Mrs. Rose Geske as settlement in full of her per- sonal injury claim caused in a fall on an icy and defective sidewalk on Alta Vista Street near the cor- ner of Vernon Street, said warrant to be delivered upon the execu- tion of a receipt and release by Mrs. Rose Geske. Seconded hY Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Council- men Clark, Thompson, Van Duel - man, Wharton. Nays—None. March 18, 1940. Honorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: On January 8, 1910, at about 1:20 p. m. one Lena Ober - miller fell while crossing the street at the corner of 12th and Central Avenue, in the City of Dubuque, Iowa, claiming that the condition Of the street was dangerous and unsafe because of the negligence of the City, and received serious in- juries, among which was a broken wrist, confining her to her home for a period of about eight weeks, causing her loss of wages and caus- ing her to employ help at home; that her actual expenses were $55.50; and that I have talked this matter over with her and others Special Session, 'March 20th, 1940 6J and have fully investigated the sit- uation, and find that she fell as she claims and sustained serious injuries; that she has agreed to accept $55.50 in full payment of her claim against the City for $350. I respectfully recommend that the claim be allowed in the sum of $55.50, and that a warrant be issued payable to Lena Obermiller therefor, and that the same be delivered to her upon the execu- tion by claimant of the inclosed Receipt and Release. Respectfully submitted, JOHN J. KINTZINGER, City Solicitor. caused in a fall on an icy and de- fective sidewalk on the south side of West Third Street just west of Alpine Street, said warrant to be delivered upon the execution of a receipt and release by Robert Erschen. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas—Mayor Murphy, Council- men Clark, Thompson, Van Duel - man, Wharton. Nays—None. Match 19, 1940. Honorable Mayor and Members of the City Council, Councilman Clark moved that the recommendation of City Solic- itor Kintzinger be approved and that the City Auditor be instruct- ed to draw a warrant in the amount of $55.50 in favor of Lena Ober - miller as settlement in full of her personal injury claim caused in a fall while crossing the street at the corner of 12th and Central Avenue, said warrant to be de- livered upon the execution of a receipt and release by Lena Ober miller. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas—Mayor Murphy, Council- men Clark, Thompson, Van Duel - man, Wharton. Nays—None. March 11, 1940. Honorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: On February 6, 1940, one Robert Erschen fell and sus- tained an injury on an icy and de- fective sidewalk on the south side of West Third Street, just west of Alpine Street. He filed a claim for damages in the sum of $67.00. 1 have investigated this matter and have come to an agreement with him that his claim should be set- tled for $35.00. I respectfully rec- ommend that the claim be allowed in the sum of $35.00 and that a warrant be issued to Robert Er - schen for said sum, and that the same be delivered to him upon the execution by him of the inclosed Receipt and Release. Respectfully submitted, JOHN J. KINTZINGER, City Solicitor. Dubuque, Iowa. Gentlemen: On April 30, 1936, there was filed with the City Clerk Notice of Claim for personal injury by Mary Busch, Administratrix of the Estate of Herman H. Busch, deceased. This claim was referred to the then City Solicitor. There- after, action was commenced in the District Court of Dubuque County, Iowa, for the March, 1938, term, for the sum of $4,000.00 claiming that on or about March 1, 1936, while plaintiff's intestate was walking from the alley between Locust and Main Streets in the City of Pu - buil upon the southerly sidewalk on FifteentT"Street right near the alley, his foot struck one of the ridges, hillocks or obstructions of iceand snow formed on said walk, causing him to be thrown down, sustaining injuries which resulted in his death about three weeks later. That Laura Bell, owner of the property is a defendant in said action with the City of Dubuque. That said action was set for trial during this March, 1940, term of the District Court of Dubuque Coun- ty, Iowa, and after negotiations with the plaintiff's counsel, they have agreed to accept the sum of $25.00 plus the court costs of $10.45. The co-defendant. Laura Bell, will pay one-half of this amount, which leaves an amount of $17.75 for the Councilman Clark moved that the recommendation of City Solicitor Kintzinger be approved and that the City Auditor be instructed to draw a warrant in the amount of $35.00 in favor of Robert Erschen as settlement in full of his claim ;iw City of Dubuque to pay. I respectfully recommend that the claim be allowed in the sum of $17.75, and that a warrant be is- sued to Peter B. Klauer, Attorney for Mrs. O'Tillia Busch, Adminis- tratrix of the Estate of Herman H. Busch, deceased, and that the same be delivered to him upon the execution by Mrs. O'Tillia Busch, Ad ministratrix, of the inclosed Re ceipt and Release, and upon execu- tion by her of a written dismissal of the action now pending in the District Court of Dubuque County, Iowa, being law No. 28751, Mary Busch, Administratrix of the Estate of Herman H. Busch, Deceased. 66 Special Sessjon, March 20th, 1940 Plaintiff, vs. City of Dubuque, Iowa, and Laura Bell, Defendants. Respectfully submitted, JOHN J. KINTZINGER, City Solicitor. Councilman Clark moved that the recommendation of City Solicitor Kintzinger be approved and that the City Auditor be instructed to draw a warrant in the amount of $17.75 in favor of Peter B. Klauer, Attorney for Mrs. O'Tillia Busch, Administratrix of the Estate of Herman H. Busch, Deceased, as set- tlement in full of the claim by Mary Busch, Administratrix of the Estate of Herman H. Busch, De- ceased, and that said warrant be delivered upon the execution by Mrs. O'Tillia Busch, Administratrix, of a receipt and release and upon execution by her of a written Dis- missal of the action now pending in the District Court of Dubuque County, Iowa. Seconded by Coun- cilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Council- men Clark, Thompson, Van Duel. man, Wharton. Nays—None. Resolution No. 18-40 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 papers within said City and the Manager Is directed to issue such permit on behalf of said City. Sieg and Kenniker (to be effec- tive April 1, 1940), 2401 Windsor Avenue. Be it further resolved that the bond filed with the application be approved. Passed, adopted and approved this 20th day of March, 1940. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: . J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Wharton. Car- ried by the following vote: Yeas—Mayor Murphy, Council- men Clark, Thompson, Van Duel - man, Wharton. Nays—None. Councilman Clark moved that the rules be suspended for the purpose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Thomp. son. Carried by the following vote: Yeas—Mayor Murphy, Council. men Clark, Thompson, Van Duel. man, Wharton. Nays—None. Attorney Arthur Edwards, repre- senting J. G. Hall, addressed the Council stating that under a bill of sale of certain articles from Arthur Norton, holder of a Class "B" beer permit, that J. G. Hall then became the manager of the tavern under the Class "B" beer permit of Arthur Norton, and requesting that the City Council allow J. G. Hall to continue oper- ating the Class "B" beer permit of Arthur J. Norton, as manager, or to grant to J. G. Hall a new Class "B" beer permit if it can be legally done. Councilman Wharton moved that the matter of the license and its revocation for the Class "B" beer permit of Arthur and Adele Norton be referred to the City Council for further consideration and that the legal aspect of the matter be referred to the City Solicitor. Sec- ouded by Councilman Van Duel - man. Carried by the following, vote: Yeas—Mayor Murphy, Council- men Clark, Thompson, Van Duel - man, Wharton. Nays—None. There being no further business. Councilman Clark moved to ad- journ. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas—Mayor Murphy, Council- men Clark, Thompson, Van Duel - man, Wharton. Nays—None. J. J. SHEA, City Clerk. Approved'Z�,tq, .iD.A%Aj, 1940. Adopted �..)W; Y r Attest: ..... .... City Clerk. Special Session, City Council (Official) Special Session, March 26, 1940. Council met at 7:35 P. m. Present—Mayor Murphy, Council- men Clark, Van Duelman, Wharton, City Manager Rhomberg. Absent—Councilman Thompson. Meeting called by order of Coun- cilmen Van Duelman and Wharton. March 26th, 1940 67 Mayor Murphy read the call and stated that service thereof had been duly made and that this meeting 'is called for the purpose of can- vassing the vote cast at the General Municipal Election held March 25, 1940, and acting on any other busi- ness as may properly come before a regular meeting of the City Coun- cil. The vote of the General Munici. pal Election of March 25, 1940, was then canvassed and showed the following result: Resolution No. 19-40 Whereas, the Council of the City of Dubuque has met on this day for the purpose of canvassing the votes cast at the regular municipal election held on the 25th day of March, 1940; and Whereas, said Council has can- vassed said votes and the result determined therefrom has been found to be that the following named persons have received the greatest number of votes cast for the offices of Councilmen and Park Commissioner, to -wit: For Council- men for the term commencing the first Monday of April, 1940—George R. Murphy, Bernard Schueller; for Councilmen for the term commenc- ing the first Monday of April, 1941 —Frank W. Thompson, Frank Van Duelman, Albert Wharton; for Park Commissioner—William M. Clem- ens; Now, therefore Be it resolved by the Council of the City of Dubuque that said George R. Murphy and Bernard Schueller be and they are hereby declared to be elected to the office of Councilmen of the City of Du. buque for the term to commence on the first Monday of April, 1940; and Be it further resolved that Frank W. Thompson, Frank Van Duelman and Albert Wharton be and they are declared to be elected to the office of y Of Dubuque for tl heetm to comcilmen of the m nce on the first Monday of April, 1941; and Be it further resolved that Wil- liam ll. Clemens be and he is hereby declared to be elected to the office of Park Commissioner. ing the First Monday in April, 1940 the First Monday in April, 1941 missioner Regular Term Number of Electors Who Voted A 0 Cd Cd � o o F Cd cC U �O mnz Ci O s. Cd cd cd Precinct First 299 339 362 332 629 606 629 447 708 624 .................. Second ............ 211 228 370 384 519 504 564 421 364 725 Third ................ 393 •257 421 288 267 272 270 242 617 451 566 539 452 484 329 563 Fourth ............ Fifth 208 252 459 443 576 1181 638 484 715 759 ................ Sixth .. 253 296 462 346 634 6291 672 494 260 504 Seventh ............ 272 284 211 1 91 432 430 431 442 480 335 572 Eighth .............. 237 283 296 320 292 189 250 168 467 449 444 448 285 522 Ninth ................ Tenth ................ 253 311 440 410 594 582 6391 453 272 737 503 Eleventh ........., 275 292 219 184 449 479 456 446 4fi91 46? 296 572 Twelfth ............ 319 281 361 335 212 428 165 305 554 5651 573 355 1 716 Thirteenth ..... Fourteenth 346 410 282 2241 b63 5641 563 374 329 658 549 Fifteenth ....... 2991 326 217 196 480 4791 491 8427 Total ............14186!4758�4682�4110�7893�77b6�8084� 4-98 5 Resolution No. 19-40 Whereas, the Council of the City of Dubuque has met on this day for the purpose of canvassing the votes cast at the regular municipal election held on the 25th day of March, 1940; and Whereas, said Council has can- vassed said votes and the result determined therefrom has been found to be that the following named persons have received the greatest number of votes cast for the offices of Councilmen and Park Commissioner, to -wit: For Council- men for the term commencing the first Monday of April, 1940—George R. Murphy, Bernard Schueller; for Councilmen for the term commenc- ing the first Monday of April, 1941 —Frank W. Thompson, Frank Van Duelman, Albert Wharton; for Park Commissioner—William M. Clem- ens; Now, therefore Be it resolved by the Council of the City of Dubuque that said George R. Murphy and Bernard Schueller be and they are hereby declared to be elected to the office of Councilmen of the City of Du. buque for the term to commence on the first Monday of April, 1940; and Be it further resolved that Frank W. Thompson, Frank Van Duelman and Albert Wharton be and they are declared to be elected to the office of y Of Dubuque for tl heetm to comcilmen of the m nce on the first Monday of April, 1941; and Be it further resolved that Wil- liam ll. Clemens be and he is hereby declared to be elected to the office of Park Commissioner. 58 Special Session, March 27th, 1940 -------- Passed, adopted and approved this 26th day of March, 1940. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Wharton moved the adoption of the resolution. Second- ed by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Council- men Clark, Van Duelman, Wharton. Nays—None. Absent—Councilman Thompson. Councilman Wharton moved that the Judges and Clerks who served at the General Municipal Election held on March 25, 1940, be allowed the amount of $6.00 each for ser- vices rendered as such Judges and Clerks. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Murphy, Council- men Clark, Van Duelman, Wharton. Nays—None. Absent—Councilman Thompson. There being no further business, Councilman Clark moved to ad- journ. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote: Yeas—Mayor Murphy, Council- men Clark, Van Duelman, Wharton. Nays—None. Absent—Councilman Thompson. J. J. SHEA, City Clerk. Approved .9 14_40.1940. Adopted dl.DU1940. Councilme$--f!'!!'�i�.-.i-- Attest: ...... . City Clerk. City Council (Official) Special Session, March 27, 1940. Council met at 7:40 p. m. Present—Mayor Murphy, Coun- cilmen Clark, Thompson. Van Duel. man, Wharton, City Manager Rhom. berg. Meeting called by order of Coun. cilmen Clark and Thompson. Mayor Murphy read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of con- sidering for final adoption Ordin. ance No. 3-40, an ordinance ap. propriating money for the various funds and purposes of the City of Dubuque for the fiscal year begin- ning April 1, 1940, and ending March 31, 1941, and acting on any other business as may properly come before a regular meeting of the City Council. Communication of James J. Cal- laghan making application to be appointed to the Board of Review for the year 1940, presented and read. Councilman Clark moved that the communication be referred to the City Council. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Murphy, Council- men Clark, Thompson, Van Duel - man, Wharton. Nays—None. Communication of E. G. Forward making application for reappoint- ment as a member of the local Board of Adjustment and Review for the current year, presented and read. Councilman Clark moved that the communication be referred to the City Council. Seconded by Council- man Thompson. Carried by the following vote: Yeas—Mayor Murphy, Council- 'ftf Clark, Thompson, Van Duel - man, Wharton. Nays—None. Communication of Chet B. Akers. uditor of State, by T. E. DeHart, Supervisor, relative to the annual audit of cities and requesting that the City of Dubuque advise wheth- er they desire an audit to be made by examiners from the office of Auditor of State or whether the City of Dubuque will take advan- tage of the optional feature of the law, presented and read. City Manager Rhomberg recom- mending that the audit be made by the State Examiners. Councilman Clark moved that the recommendation of City Manager 4 Special Session, March 27th, 1940 69 Rhomberg be approved and that the office of the Auditor of State be notified of the action taken by the City Council. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Murphy, Council- men Clark, Thompson, Van Duel - man, Wharton. Nays—None. Communication of Zumhof Insur- ance Agency with attached Power of Attorney of Fidelity and Deposit Company of Maryland empowering William Zumhof and Eugene G. Zumhof to execute certain bonds as specified in behalf of said Com- pany, as Attorney in Fact and stat- ing that this Power of Attorney revokes that issued on behalf of William Zumhof dated February 17, 1921, presented and read. Councilman Thompson moved that the communication and Pow- er of Attorney be received and placed on file. Seconded by Coun- cilman Clark. Carried by the fol- lowing vote: Yeas—Mayor Murphy, Council- men Clark, Thompson, Van Duel - man, Wharton. Nays—None. Communication of Francis P. Quinn, M.D., making formal appli- cation for appointment to the Civil Service Commission for a full term, presented and read. Councilman Clark moved that Francis P. Quinn, M.D., be reap- pointed as a member of the Civil Service Commission for a six year term, said term expiring March 31, 1946. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas—Mayor Murphy, Council- men Clark, Thompson, Van Duel - man, Wharton. Nays—None. Petition of Mrs. Margaret E. Hog- an, referred to the City Council by the Board of Supervisors, re- questing suspension of the 1939 taxes on the north half of City Lot 326, presented and read. Councilman Clark moved that the Petition be referred to the City So- licitor for investigation and re- port. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas—Mayor Murphy, Council- men Clark, Thompson, Van Duel - man, Wharton. Nays—None. Petition of Jim Hagenecolas, re- ferred to the City Council by the Board of Supervisors, requesting cancellation of the second half of the 1939 taxes on Lot 326 East Dubuque Addition, presented and read. Councilman Clark moved that the petition be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas—Mayor Murphy, Council- men Clark, Thompson, Van Duel - man, Wharton. Nays—None. Petition of Ben L. Baumhover, requesting the re -zoning of the property of Mrs. Mary Fuchs and daughter, Clarice Baumhover, lo- cated on Highway No. 20 near the intersection of Fremont Avenue, presented and read. Councilman Clark moved that the petition be referred to the Planning and Zoning Commission for their recommendation and report. Sec- onded by Councilman Wharton. Car- ried by the following vote: Yeas—Mayor Murphy, Council- men Clark, Thompson, Van Duel - man, Wharton. Nays—None. Petition of N. J. Hintgen, request- ing the abandoning of Fairmount Avenue running between Levi Ter- race and Saunders Avenue, present- ed and read. Councilman Van Duelman moved that the petition be referred to the City Council to view the grounds. Seconded by Councilmen Thomp- son. Carried by the following vote: Yeas—Mayor Murphy, Council- men Clark, Thompson, Van Duel - man, Wharton. Nays—None. Ordinance No. 3-40 An ordinance appropriating money for the various funds and purposes of the City of Dubuque for the fiscal year beginning April 1, 1940, and ending March 31, 1941, said ordinance having been passed upon first and second readings on March 20, 1940, presented and read a third time. ORDINANCE NO. 3-40 An ordinance appropriating money for the various funds and purposes of the City of Dubuque for the fiscal year beginning April 1, 1940 and end- ing March 31, 1941. Be it ordained by the City Cuuucil of the City of Dubuque: Paragraph S58. Consolidated tax levy. Section 1. That the consolidated heretofore eretofore levied pursuant to Sec- tion 6217 of the 1939 Code of Iowa is hereby appropriated to the Cou- eral. Grading, improvement, sewirr and Light Funds in the following ratios, to -wit: (a) General Fund $167.- 933.00; (b) Grading Fund. $10,000.11(); (c) Improvement Fund, $14,000.00; (d) Viewer Ftnul,;ht fund, $39.:;71.nu Paragraph 959 Agreultural tax. Section 2. That the revenue anticipat- ed to he. received from the tax upon