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Y Roll_29 Part 1nuc ried by the following vote: Councilmen. plaints along the same line that I C Of Ccunc1, Ou�u�ue. Jar,. � � r.� Ap l�rD �Ir t 236 Special Session, S City Council (Official.) Special Session, September 23rd, 1937. Council met at 5:00 P. M. Present—Mayor Chalmers, Coun- cilmen Bennett, Kane, Murphy, City Manager Rhomberg. Absent—Councilman Clark. M e e t i n g called by order of Mayor Chalmers and Councilman Kane. Mayor Chalmers read the call and stated that service thereof had been duly made and that this meet- ing is called for the purpose of considering tax petitions request- ing cancellation and suspension of taxes for the year 1936 and acting on any other business as may pro- perly come before a regualr meet- ing of the City Council. Office of State Board of Appeal, State of Iowa. NOTICE OF HEARING. To the Honorable John K. Chal- mers, Mayor of the City of Du- buque, Iowa, and to: Jas. F. Lee, T. A. Polsean, Lynn E. Allen, A. L. Mutschler, Theo. 'Scharle, Melvin C. Lynn, Frank C. Byrne, Joe Keppler, Paysen Berg, A. Cartigny, Objectors. You, and each of you, are hereby notified as follows: That as shown by the records which have been certified to the State Board of Appeal, the above named objectors, et al. filed a pro- test with the County Auditor of Dubuque County, Iowa, objecting to the budget and tax levy of the City of Dubuque as provided by the Budget Appeal Law, Chapter 91, Laws of the 47th G. A. There- after, a copy of said protest to. gether with a copy of the proposed budget, was filed with the State Board. You are further notified that said appeal is now pending and the following time and place are here. by fixed for the hearing thereon, before the State Board, or their Properly accredited representa- tive: City Hall, Dubuque, Iowa. Thursday, September 30, 1937, at 10:00 A. M. At such hearing interested per- sons may appear and show cause why the b u d g e t and tax levy tember 23rd, 1937 should be reduced or stand as certified. STATE BOARD OF APPEAL. —By C. B. Murtagh, Chairman. Dated this 16th day of September, 1937. Councilman Murphy moved that the notice be made a matter of record. Seconded by Councilman Bennett. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Chalmers, Kane, Murphy. Nays—None. Absent—Councilman Clark. Original Notice of Suit of Mary Erner, Plaintiff, vs. City of Du- buque, Iowa, Defendant, in the sum of $750.00 as damages for personal injuries sustained by her in falling over a tree stump located in the middle of the block on White Street between 11th and 12th Streets, presented and read. Councilman Bennett moved to refer the notice to the City So- licitor. Seconded by Councilman Kane. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Kane, Murphy. Nays—None. Absent—Councilman Clark. Original Notice of Suit of Chris- tine Larson, Plaintiff, vs. City of Dubuque, Iowa., Defendant, in the sum of $2,450.00 for personal in- juries sustained in falling on a de- fective sidewalk in front of the premises known as 284 James Street, presented and read. Councilman Bennett moved to refer the notice of suit to the City Solicitor. Seconded by Councilman Kane. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Kane, Murphy. Nays—None. Absent—Councilman Clark. Communication of Dubuque Trades and Labor Congress con- veying their sincere thanks to the City Council for their co-operation in making Labor Day celebration such a great success, presented and read. Councilman Bennett moved to receive and file the communication. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Kane, Murphy. Nays—None. Absent—Councilman Clark. Communication of The Interna- tional City Managers' Association extending invitation to the Honor- Special Session, September 23rd, 1937 237 able Mayor and City Council to at. tend the Annual. Conference of the International City Managers' Asso- ciation to be held in New Orleans, October 18 to 21 inclusive, pre- sented and read. Councilman Bennett moved that City Manager Rhomberg be author ized to attend the conference if he so wishes. Seconded by Council- man Kane. Carried by the follow. ing vote: Yeas—Mayor Chalmers, Council- men Bennett, Kane, Murphy. Nays—None. Absent—Councilman Clark. Petition of Leonard Schuster re- questing a refund in the amount of $75.00 on his cigarette permit as he has discontinued business as of September 15th, 1937, presented and read. Councilman Murphy moved that the request be granted and that a warrant in the amount of $75.00 be ordered drawn on the City Treasurer in favor of Leonard Schuster to cover the amount of refund granted. Seconded by Coun- cilman Kane. Carried by the fol.- lowing ol-lowing vote: Yeas—Mayor Chalmers, Council- men Bennett, Kane, Murphy. Nays—None. Absent—Councilman Clark. Petition of taxpayers and pro- perty owners protesting and ob- jecting to the existing condition Pertaining to the overtaxing of the sanitary sewer in West Locust Street from 16th Street to Kirk- wood Street, presented and read. Councilman Bennett moved to re- fer the petition to the City Man ager for investigation and report. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Chalmers,, Council men Bennett, Kane, Murphy. 0 Nays–None. Absent—Councilman Clark. t Petition of Mrs. Anna Iiirmse, a referred to the City Council by the 3 Board of Supervisors, requesting A suspension of the 1936 taxes on of Lot 4 of Cook's Addition and also a the North 57 feet of Lot 1 of the di Fast 50 feet of 789 of A. Me- of Daniel's Sub., presented and read. 21 Councilman Murphy moved to re� P. fer the petition to the City Solic- 38 itor for investigation and report. 27 Seconded by Councilman Bennett. di Carried by the following vote: of Yeas—Mayor Chalmers, Council- Fu men Bennett, Kane, Murphy. on Nays—None. Fu Absent—Councilman Clark. on Petition of May L. Donaldson, rlit referred to the City Council by the e?2 Board of Supervisors, requesting Lo suspension of the 1936 taxes on Lot diti 6 of South Avenue Addition, pre. sented and read. Councilman Murphy moved to re- fer the petition to the City Solle. itor for investigation and report. Seconded by Councilman Bennett. Carried by the following vote: Yeas—Mayor Chalmers, Council. men Bennett, Kane, Murphy. Nays—None. Absent—Councilman Clark. Petition of Kretschmer Insur. ance Agency requesting release of the bond of R. M. Evans, former City Manager,, as of July 15th, 1937, presented and read. Councilman Kane moved that the request be granted and that the Mayor be authorized to execute the release. Seconded by Councilman Bennett. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Kane, Murphy. Nays—None. Absent—Councilman Clark. Petition of Voelker Realty Com- pany, submitting attached list of special assessments which were paid on August 30th, 1937, and which were included in Scavenger Tax Sale Certificates, requesting refunds of all penalties and inter- est on these assessments in ac- cordance with agreement reached at a recent meeting with your hon- orable body, presented and read. Councilman Bennett moved that Voelker Realty Company be grant- ed refunds in the following amounts, for penalty charges paid on delinquent special assessments and that warants in the following amounts be ordered drawn on the Special Bonded Fund to cover the amounts of refunds granted, total amount of refunds granted $452.73: Fund 917 in the amount of $38.23 n the west i/, of south 1/2 of south �y of Lot 16P of L. H. Langwor- hy's Addition; Fund 510 in the mount of $9.85 on the northeast 7 ft. 6 in. of Lot 441 of Ham's ddition; Fund 885 in the amount X10.78 on the east ". of Lot 5 nd all of Lot ti of Gmehle's Sub. vision: Fund 578 in the amount $24.19 on the south V, of Lot and the north V, of Lot 22 of Langworthy's Addition; Fnnd 7 in the amount of $2.55 on Lot of Tschirgi & Schwind'.,; Sub - vision: Fund 629 in thn amount $34.44 on Lot 2.3 of Pinnhprst: nd 413 in the amount of $12.63 Lot 1 of Voniknr HiahlandG: nd 901 in thn amnunt of $12 3R Lot 221 of Woodlawn Park Ad- i5n. on��thn r,60(,ast 3. ft ns Int of t 52 of Llttl-tm, on: Fund 917 in ih anwur:t of 238 Special Session, September 23rd, 1937 $33.29 on the east 118 ft. of the north 36 ft. 6 in of Lot 263 of Davis Farm Addition; Fund 553 in the amount of $41.47 on Lot 6 of HoopeT's Addition; Fund 553 in the amount of $37.03 on Lot 2 of Jaeg- er's Subdivision; Fund 553 in the amount of $7.37 on Lot 2 of 3 and Lot 2 of 4 of Jaeger's Subdivision; Fund 423 in the amount of $10.79 on the east 50 ft, of west 93 ft. of the north 1/2 of Lot 2 of Pauline Langworthy's Subdivision; Fund 652 in the amount of $79.38 on Lot A of Subdivision of 2 of 2 of 2 of Min. Lot 72 and Lot 1 of 10 of Min. Lot 73 and Lot 2 of Min. Lot 74; Fund 626 in the amount of $23.66 on the south 7 ft. 6 in. of west 1/2 of Lot 23A of L. H. Lang,worthy's Addition and the north 31 ft. of west 1/2 of Lot 24A of L. H. Langworthy's Addition; Fund 553 in the amount of $22.19 on the southwest lis of Lot 5 of Cook's Addition. Seconded by Coun- cilman Murphy. Carried by the fol- lowing vote: Yeas—Mayor Chalmers, Council- men Bennett, Kane, Murphy. Nays—None. Absent—Councilman Clark. Petition of Senior High School requesting permission to hang a banner across Main Street between 8th and 9th Streets, presented and read. Councilman Murphy moved that the request be granted. Seconded by Councilman Bennett. Carried by the following vote: Yeas—Mayor Chalmers, Council. men Bennett,, Kane, Murphy. Nays—None. Absent—Councilman Clark. September 20, 1937. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: With reference to attached petition of Mr. Roy Bram- mer, requesting certain changes in the Planning and Zoning Ordin- ance, which was referred to the Planning and Zoning Commission on September 7th, 1937, the Com- mission recommends that the peti- tion be denied for the following reasons: (1) Rezoning of one lot to a classification different than sur- rounding properties is contrary to first principles of city zoning and hence contrary to a long standing policy of the Commission. Incidentally, you will be interest- ed to know that a recent decision of the Supreme Court of Pennsyl- vania sustains this policy. In a recent decision Huebner vs. Phila- delphia Savings Fund Society, the court ruled,—" a single lot is not a proper area to be classified as a zoning district in itself; and the action of City Council in creating a separate commercial zone of iso- lated area comprising a single cor- ner lot is unreasonable and void." (2) Adequate local business fa- cilities are already available in the general area, the lot under consid- eration being but one and one-half blocks from a local basiness dis- trict to the east on Julien Avenue, and two blocks from another to the west on Delhi Street. Yours very truly, R. V. McKay, Secretary, Planning and Zoning Commission. Councilman Kane moved that the recommendation of the Planning and Zoning Commission be made a matter of record. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Kane, Murphy. Nays—None. Absent—Councilman Clark. September 20, 1937. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Attached please find petition of Interstate Power Com- pany, dated January 13, 1937, re- questing vacation of certain pro- perty by the City adjacent to its main power plant in Block 14, Du- buque Harbor Improvement Com- pany's Subdivision. Attached like- wise is a letter of Dubuque Dock Commission signed by J. A. Kerper and addressed to Mr. Bissell of the Planning and Zoning Commis- sion, referring to the same sub- ject matter. The Planning and Zoning Com- mission recommends to the City Council that the petition of the In- terstate Power Company be grant- ed at such time as the tentative agreement between Interstate POW- er Company and Dubuque Dock Commission, calling for certain per- manent easements over the Power Company property mentioned in Mr. Kerper's letter, be carried out —the details of agreement, maps, etc., to be prepared by the Dock Commission and City Attorney Czizek. Yours very truly,. R. V. McKay, Secretary, Planning and Zoning Commission. Councilman Kane moved that the recommendation of the Planning and 'Zoning Commission be made a matter of record and the City So- licitor to be instructed to prepare the proper proceedings. Seconded by Councilman Murphy. Carried by the following vote: Special Session, September 23rd, 1937 239 Yeas—Mayor Chalmers, Council-. the State Code of Iowa, 1935, as men Bennett, Kane, Murphy. amended, Section 5696, the Civil Nays—None. Service Commission conducted an Absent—Councilman Clark. entrance examination on Septem- September 23, 1937, ber 15th, 1937, for those seeking Honorable Mayor and City Council, positions on the eligible list for Dubuque, Iowa. appointment to the position of Gentlemen: With reference to Head Garage Mechanic. attached petition of Carl J. Dangel- Four applications were received meyer requesting rezoning of his for this examination and only one property on the South West corner applicant, Clarence H. Briggs, pass - of Fenelon Place and Summit ed the mental and physical exam - Street to Multiple Residence clas- inations, his average being 947o. sification, a study of the general The other three applicants falling district lead the Planning and Zon- below the required 705'x. ing Commission to favor the rezon- Respectfully submitted, ing of a much larger area than that R. L. WOODWARD, in which Mr. Dangelmeyer is par- Chairman. titularly interested. In this dis- E. J. RYAN, trict are numerous other large old B. C. SCHMIDT, homes which will undoubtedly, Commissioners. some day, naturally lead them- J. J. SHEA, Clerk. selves to Multiple Residence use. State of Iowa ) Therefore, the Planning and Zon- ) ss. ing Commission recommends that Dubuque County) the area bounded on the south by Subscribed and sworn to before the center line of Third Street; me, a Notary Public, this 20th day on the north the center line of of September,. 1937. Fifth Street; on the east by the center line of Bluff Street, and on A. REED,Publiin and for (Seal) C. the west by the center line of Dubuque County, Iowa. Councilman Murphy moved that Burch Street, be rezoned from Two the communication of the Civil Ser - Family to Multiple Residence Commission be made a mat, classification. Respectfully submitted, vice ter of record. Seconded by Coun- Carried by the R. V. McKay, Secretary, cilman Bennett. following vote: Dubuque Planning and Zoning Yeas—Mayor Chalmers, Council - Commission. Councilman Murphy moved that men Bennett, Kane, Murphy. the recommendation of the Plan- Nays—None. Absent—Councilman Clark. ning and Zoning Commission be of record and the September 13, 1937. made a matter City Solicitor to be instructed to To the Honorable Mayor and City prepare the proper proceedings. Seconded by Councilman Kane. Council, Dubuque, Iowa Carried by the following vote: Council Gentlemen: This is to advise folthalow- have approved idesi Yeas—Mayor Chalmers, Murphy. ing bond and policies and e men Bennett, Kane, to have your approval on same for Nays—None. Absent—Councilman Clark. filling: SIGNS Proof of publication, certified to the statement Merchants Hotel, 300-326 Main by the publishers, of of receipts and also a list of claims Street—Policy No. 18299, Employ - d for which warrants were rawn ers Mutual Casualty Co. 846 Graham & Sona, during the month of August, 1937, Edward No. LO 220283, presented and read. Bennett moved that Main Street—Policy Great American Indemnity Co. 83 Lo- Councilman the proof of publication be ire- Walther Dairy Products, No. ILO 55769, ceived and filed. Seconded by Carried by cust Street—Policy Great American indemnity fol - Councilman Murphy. the following vote: Belsky Motor Co., at Yeas—Mayor Chalmers, Council owing Cent al aAven ie,°650.656 562 LAG men Bennett, Kane, Murphy. Locust Street—Policy No. Fund Indemnity Nays—None. Clark. 4138, Fireman's Absent—Councilman Dubuque, Iowa. Co. 13th and Iowa C• E• Mettel, Western 704721, September 17th, 1937. and City Streets—Bond No. CO To the Honorable Mayor Surety E tCAVATIONS Council, Dubuque, Iowa. iof a Burke,130 West 13th E 70548, L°II Gentlemen: In accordae�c 289 Street Pol (' the provisions of Chap 240 Special Session, September 23rd, 1937 don Guarantee & Accident Co., Ltd. George F. Pinski; 485 8th Avenue —The Fidelity & Casualty Co. of N. Y. Respectfully submitted, A. A. Rhomberg, City Manager. Councilman Kane moved that the bonds and policies be approved and placed on file. Seconded by Coun- cilman Bennett. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Kane, Murphy. Nays—None. Absent—Councilman Clark. September 23, 1937. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the session of the City Council held September 13th the petition of John Ramsey requesting that he be ;ranted an excavation permit without charge for the installation of a sewer con- nection at 408 Klingenberg Terrace was referred to me. On September 18th I succeeded in getting a contractor to take out the permit for Mr. Ramsey and to Pay the fee. The sewer connec- tion was installed on September 20th and the street replaced. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Murphy moved that the communication of City Manag- er Rhomberg be received and made a matter of record. Seconded by Councilman Bennett. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Kane, Murphy. Nays—None. Absent—Councilman Clark. September 23, 1937. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the session of the City Council held September 2nd, the petition of Oscar Irmen et al. requesting that the resurfac- ing of West 28th Street be con- tinued to Muscatine Street was re- ferred to me. I have examined West 28th Street and find that West 28th Street has been improved with bi- tuminous surfacing from Central Avenue to a point just east of Da- venport Street. The balance of the street is not graded and therefore I recommend that no surfacing be applied to West 28th Street until such time as it is brought to a pro- per grade from the end, of the present improvement westerly to Muscatine Street. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Kane m o v e d that the recommendation of City Man- ager Rhomberg be approved. Sec- onded by Councilman Bennett. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Kane, Murphy. Nays—None. Absent—Councilman Clark. September 23, 1937. To the Honorable Mayor and City Council, Dubuque, Iowa.,. Gentlemen: On September 7th John L. Deckert, the owner of Lot 19 of Yate's Subdivision, request- ed that sewer and water mains be laid in West 16th Street. The pres- ent water main ends approxim- ately 75 ft. west of Henion Street. Before 'a water main could be laid from the present main westerly it would be necessary to do a great deal of grading on West 16th Street and to do considerable ex- cavation in solid rock. To provide sewer facilities it would be neces- sary to build 318 ft. of sewer main on Catherine Street from West 17th Street southerly and 363 ft. of sewer on West 16th Street from Catherine Street west. These improvements would pro- vide for five homes, all of which are on the north side of West 16th Street from Catherine Street west to the end of West 16th Street. The property on the south side of this street is wholly owned by Co- lumbia College. I am of the opin- ion that this work would be very expensive in nature and I serious- ly question whether the property values in the neighborhood would stand the assessments. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Kane moved that the communication of City Man- ager Rhomberg be made a matter of record. Seconded by Council- man Murphy. Carried by the fol- lowing vote: Yeas—Mayor Chalmers, Council- men Bennett, Kane, Murphy. Nays—None. Absent—Councilman Clark. September 23, 1937. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The petition of G. L. Neuwohner for the repair of the alley beginning at 1530 Julien Ave- nue and extending southerly and Special Session, September 23rd, 1937 241 westerly to Stewart Street with bituminous paving was referred to me on August 2nd for an investiga- tion and report. I have examined this alley and find that it needs grading. Our funds at the present moment will not permit any extensive grading program. The bituminous paving would not be possible unless it be done as a special assessment pro- position according to the Council's action of August 2nd. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Kane moved that the communication of City Manager Rhomberg be made a matter of record. Seconded by Councilman Bennett. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Kane, Murphy. Nays—None. Absent—Councilman Clark. September 23, 1937. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The new concrete floor on the east side of the 18th Street Fire Station and the neces- sary new plumbing under the floor has been completed. The plumbing was installed by F. C. Braconier at a cost of $95.00 and the concrete work was installed by the James F. Lee Paving Co. for $10.00. These prices represented the low- est bids received at an informal letting. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Murphy moved that the communication of City Man- ager Rhomberg be made a matter of record. Seconded by Council- man Kane. Carried by the follow- ing vote: Yeas—Mayor Chalmers, Council- men Bennett, Kane, Murphy. Nays—None. Absent—Councilman Clark. September 23, 1937. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your order I solicited bids for the fuel requirements for the City for the season of 1937-1938. The best bids received were by the M i d w e s t Lumber Company for coal and coke, by Fischer & Company for 2" screenings and by the Rainbo Oii Company for fuel oil. I recommend that contracts be entered into by the Council with' i these three firms for the various classes of fuel. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Kane moved that the recommendation of City Man- ager Rhomberg for the a%Narding of the coal and coke contract to the Midwest Lumber Company and for the awarding of the 2" screen- ings contract to Fischer & Com- pany be approved and the Mayor and Clerk authorized to execute said contracts on behalf of the City of Dubuque. Seconded by Councilman Bennett. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Kane, Murphy. Nays—None. Absent—Councilman Clark. Councilman Kane moved that the recommendation of City Man- ager Rhomberg for the awarding of the fuel oil contract to the Rain - bo Oil Company be not approved and that the City Manager be in- structed to distribute, to the best of his judgment, the fuel oil bust. ness among the various dealers at the price of 6.8 cents. Seconded by Councilman Bennett. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Kane, 'Murphy. Nays—None. Absent—Councilman Clarl:. Resolution No. 109-37 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 permis and cig- arettepaperswithin tto lsaid City and the Manager is directed to issue such permit on behalf of said City. Name. Address. 2230 Delhi Jas. W. Hanten, Street. Be It Further Resolved that till' bond filed with the application be approved. ,t olell Passed, adopted and aI [ 'of September, 16, this 23rd JOHN K. CHALMF.RS, Mayor. IM. R. K_k I"l!I;i'IIl GEO. R. - A. M. BENNE IT, Councilmen. Attest: . City Clerk. Councilman Kane 'move ,l the adoption of the resoluti�>n• 5t'` 242 Special Session, September 23rd, 1937 _ John A. Armstrong (New), 398 Main Street. Joseph W. Hanten (New), 2220 Delhi Street. Alois O. Weitz (Renewal), 201 East 22nd Street. Mrs. Etta Tarkett (Renewal), 500 Rhomberg Avenue. Patrick R. Kennedy (Renewal), 2408 Central Avenue. George Nardin (Renewal), 555 8th Avenue. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 23rd day of September, 1937. JOHN K. CHALMERS, Mayor. onded by Councilman Bennett. Car- ried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Kane, Murphy. Nays—None. Absent—Councilman Clark. Resolution No. 110--37 Whereas, applications for Class "B" Beer Permits have been sub- mitted to this Council for approval and the same have been examined: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the following applications be and the same are hereby approved, and it is ordered that the premises to be occupied by such applicants shall be forthwith inspected. CLASS "B" PERMIT Name. Address. Andy Reiter, 2319 Prince Street. John A. Armstrong, 398 Main Street. Joseph W. Hanten, 2220 Delhi Street. Passed, adopted and approved this 23rd day of September, 1937. JOHN K. CHALMERS, Mayor. M. R. KANE, GEO. R. MURPHY, A. M. BENNETT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Murphy moved the adoption of the resolution. Sec- onded by Councilman Bennett. Car- ried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Kane, Murphy. Nays—None. Absent—Councilman Clark. Resolution No. 111-37 Whereas, heretofore applications were filed by the within named applicants for Class "B" Beer Per. mits and they received the appro- val of this Council; and Whereas, the premises to be oc- cupied by them have been in- spected and found to comply with the ordinances of this City and they have filed a proper bond: Now, Therefore, Be It Resolved by the City Coun- cil 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. Andy Reiter (New), 2319 Prince Street. M. R. KANE, GEO. R. MURPHY, A. M. BENNETT, Councilmen. Attest: J. J. SHEA, City Cleric. Councilman Kane m o v e d the adoption of the resolution. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Kane, Murphy. Nays—None. Absent—Councilman Clark. Verbal report of City Solicitor Czizek recommending that a war- rant in the amount of $125.00 be ordered drawn on the City Treas- urer in favor of Attorney E. H. Willging as settlement in full of the claim of Wm. Gassman for damages received to his property caused by blasting in the quarry on Cox Street, presented. Councilman Murphy moved that the recommendation of City SOIiC- itor Czizek be approved and that a warrant in the amount of $125.00 be ordered drawn on the City Treasurer in favor of Attorney E. H. Willging as settlement in full of the claim of Wm. Gassman for damages received to his property caused by blasting in the quarry on Cox Street. Seconded by Coun- cilman Kane. Carried by the fol- lowing vote: Yeas—Mayor Chalmers, Council- men Bennett, Kane, Murphy. Nays—None. Absent—Councilman Clark. September 22nd, 1937. To the Honorable Mayor and Coun- cil of the City of Dubuque. Gentlemen: The communication of L. E. Taylor requesting the re- moval of signs which have been erected throughout the City by the State Auto Insurance Association of Des Moines on the grounds that Special Session, September 23rd, 1937 243 the same are violative of the motor vehicle laws of the State and constitute an unlawful inter ference with the free use of pub- lic property has been referred to me for an opinion. It will be remembered that the erection of these signs was auth- orized by the Council prior to the enactment of the new Motor Ve- hicle Law. When authorized, the Council felt that the signs would serve a useful purpose by directing the attention of the public to dan- gerous intersections and places where accidents has occurred and, therefore, would be in the interest of public safety. However„ since objections to the maintenance of such signs have now been made, it is necessary to consider the same in the light of existing laws and determine whether or not such signs can be legally maintained. The principal objection to them is two -fold: (a) They bear on their face advertising matter; and (b) They constitute an obstruction to the free use of the street and side- walks. Mr. Taylor refers to certain specific sections of the Code and of the Motor Vehicle Law which hr claims are being violated, to -wit: Section 4846 which prohibits bill- boards and signs on highways; Section 290 of the Motor Vehicle Law which prohibits signs con- taining commercial advertising; and Section 5079-02 of the Code (now Section 373 of the Motor Ve- hicle Law) ; and the general sta- tute against nuisances and obstruc- tions. As to Section 4846, it is clear this statute has reference only roads primary and secondary which are exclusively underthe jurisdiction of the Highway C Om - mission and Board of Supervisors. It has no application to this case. As to Section 290 of the Motor Vehicle Law, this statute prohibits the maintaining of any signs relat- ing to traffic which resembles or might be mistaken for an author- ized traffic sign and contains an express prohibition against the maintenance of any traffic sign or signal "bearing thereon any com- mercial advertising." Are the signs complained of a violation of this section? are. In the It seems to me ea direction to first place, they are traffic to "drive slowly," and ri ted next place, they have p„State thereon the name eg f Moines.” Auto Association, While the signs cannot be mis- taken for authorized traffic signs, nevertheless they attempt to con- trol traffic and contain commercial advertising matter thereon. A careful reading of the statute seems to throw light upon the in- tention of the Legislature when it enacted the statute. While it pro- hibits on highways the mainten- ance of signs which direct and which contain commercial adver- tising, it permits signs when placed upon private property adja- cent to highways which give use- ful, directional information of a type that cannot be mistaken for official signs even though such signs do contain commercial adver- tising upon them. The fact that the exception was made as to such signs when located on p r i v a t e property indicates the legislative intention to exclude such signs from highways. As to Section 5079-C2 (now Sec- tion 373 of the Motor Vehicle Law). I do not believe such sec- tion applies to the instant case as the signs were not erected or caused to be erected" by the City. As to such signs constituting an obstruction to the free use of the streets and are nuisances, it is my opinion that this is true. Section 290 of the Motor Vehicle Law de- fines any prohibited sign, signal or marking to be nuisance and auth- orizes the City to remove the same without notice. Section 5945 of the Code places the, supervisioneets,nd control of avenues, alleys, highwaysys public sq,uares and commons upon the City and requires that they be kept open and in repair and free from nuisances. A public street includes sidewalks ted ex" tends from property ro- perty line. Since such signs are prohibited by law and are declared to be nuisances, and since the City fs charged wita the duty of keep- ing streets free from nuisances, t seems to follow that byallowing pro- on P such Signs to �915ermitt ng a nuts- pertY. the City P ind in order ante to he eaitsalynll duty to the to discharge its should be rem hat the ld ed. There is no do ont toccur account not an accidentthe City would be held such signs, liable in damages. It is my opinion that the signs complained of do violate the Motor Vehicle Law and do constitute a obstruction to The bo nuisance and dpublic property, free use 244 Special Session, September 23rd, 1937 Council is, therefore, authorized to direct their removal. Respectfully submitted, M. H. CZIZEK, City Solicitor. Councilman Kane moved that the communication of City Solicitor Czizek be made a matter of record and that the City Manager be in- structed accordingly. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Kane, Murphy. Nays—None. Absent—Councilman Clark. Resolution No. 112-37 Whereas, the City of Dubuque is the owner of Lot 27B of A. P. Wood's Addition to the City of Du- buque, having acquired title there- to by virtue of a tax deed; and Whereas, said premises is not needed for any public purpose and is purely residential property; and Whereas, Harold Neubauer has submitted an offer to purchase said real estate for the sum of $400.00, $100.00 to be paid at the time of the execution of a contract for deed and the balance to be paid on the basis of twelve monthly in- stallments of $25.00 each beginning with the first day of October, 1937, together with interest thereon at the rate of 5010 upon all deferred Payments and this Council consid- ers such offer fair and reasonable and has accepted the same; and Whereas,, a contract for a deed has been duly prepared and sub- mitted to this Council for approv- al: Now, therefore, Be it resolved by the Council of the City of Dubuque that said con- tract for deed be and the same is hereby approved, and the Mayor and Clerk are hereby authorized and directed to execute the same on behalf of the City of Dubuque. Passed, adopted and approved this 23rd day of September, 1937. JOHN K. CHALMERS, Mayor. M. R. KANE GEO. R. MURPHY, ARTHUR M. BENNETT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kane moved the ad- option of the resolution. Second- ed by Councilman Bennett. Car- ried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Kane, Murphy. Nays—None. Absent—Councilman Clark. Resolution No. 113-37 Whereas, under date of October 26, 1925, the City of Dubuque en- tered into a contract with Harriet Guthrie for the installation of wa- ter mains in Sunset Ridge, an ad- dition to the City of Dubuque, by the terms of which Lots No. 1 to 30 inclusive were charged with a proportionate share of the annual interest upon the cost of installing such water service, said contract having been filed for record in the office of the County Recorder of Dubuque County, Iowa, on October 28, 1925, and recorded in Book 122 on page 521; and Whereas, the owner of Lot 19 of Sunset Ridge, an addition to the City of Dubuque, having paid in full the portion of the interest charged to said lot and fully dis- charged any lien upon said lot as the result of said contract: Now, therefore, Be it resolved by the City Coun- cil of the City of Dubuque that the Mayor and Clerk be and they are hereby authorized and directed to execute a Satisfaction and Release of the lien created by said contract against said Lot 19 of Sunset Ridge and file the same for record in the office of the Recorder of Dubuque County, Iowa. Passed, adopted and approved this 23rd day of September, 1937. JOHN K. CHALMERS, Mayor. M. R. KANE, GEO. R. MURPHY, A. M. BENNETT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Bennett moved the adoption of the resolution. Second- ed by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Kane, Murphy. Nays—None. Absent—Councilman Clark. The following decisions of the City Council relative to various tax petitions requesting cancellation and suspension of taxes presented for Council approval: Mrs. Anna Kolf requesting suspension of the last half of the 1936 taxes on Lot 1 of A. L. Brown's Sub., petition withdrawn; Mrs. Anna Wampach requesting suspension of the 1936 taxes on Lot 39 of Hooper's Add., petition returned as she receives an old age pension; Bethany Home for the Aged requesting remission of the 1936 taxes on S. E. 42 feet of E. 5 feet of Lot 10 of King's Grove Addition and Lots 83, 84 and 85 of Pleasant View Addition, re- quest denied; Della C. Thul re- questing cancellation of the 1936 taxes on Lot 3 of S. 2 feet 6 inches of Lot 2 of Kleinschmidt's Sub., Special Session, September 23rd, 1937 245 request granted; Mrs. Edith Law- son requesting cancellation of the 1936 taxes on Lot 2 of Sub. of 1 of 30 and 31 of Morheiser's Add., the west 30 feet of Lot 2 of 30 and 31 of Morheiser's Add., and Lot 2 of Sub. of 2 of 16 of Tschirge & Schwind's Sub., request granted; Miss Josephine Flynn requesting suspension of the 1936 taxes on N. M. 20 feet of City Lot 83, re- quest granted; Mrs. Louise Moser requesting suspension of the 1936 taxes on Lots 16, 43, 44 and 45 of O'Neill's Sub. No. 3 and Lot 2 Sub. 1 of 2 of 11 of Westaby's Sub., and the west 100 feet of Lot 2 Sub. 2 of 11 of Westaby's Sub., request granted; Lillian L. Hargus request- ing suspension of the 1936 taxes on Lot 1 of the Sub. of 1 of 1 of City Lot 667,request granted; Pet- er Haupert requesting suspension of the 1936 taxes on Lots 3, 4 and 5 of Buseman and Eberl's Sub., request granted; Josephine Me- Ceney requesting suspension of the 1936 taxes on Lots 3, 4 and 5 of William Blake's Add., request granted; Louisa Scharff request- ing suspension of the 1936 taxes on Lots 34 and 35 of Belmont Add., request granted. Councilman Kane moved that the decisions of the City Council on the various tax petitions be approved and that the Board of Supervisors to be notified of the action of the City Council. Seconded by Coun- cilman Murphy. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Kane, Murphy. Nays—None. Absent—Councilman Clark, Yeas—Mayor Chalmers, Council- men Bennett, Kane, Murphy. Nays—None. Absent—Councilman Clark, Councilman Kane moved that the request. of. W. M. Kretschmer, Agent for John Frey, requesting a refund in the amount of $13.12 for penalty charges paid on delinquent special assessments levied against Lot 30 of Reche's Sub., Funds 903 and 925,, be denied. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Kane, Murphy, Nays—None. Absent—Councilman Clark. There being no further business, Councilman Bennett moved to ad- journ. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Kane, Murphy. Nays—None. Absent—Councilman Clark. J, J. SHEA, City Clerk. Approved . % ), .193. Adopted/Ull- x *137 7 d Counailmen••. , ....... Councilman Kane moved that the Attest: City Council reconsider their lire` vious action in denying the peti- tion of Mrs. Stella J. Schneider re- questing cancellation of the 1936 taxes on Lot 2 of the Sub. of Lots 36 and 37 of Grandview Heights Addition and that the Board of Su- pervisors be notified of the action Of the City Council. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Kane, Murphy. Nays—None. Absent—Councilman Clark. Councilman Kane moved that the request of Mrs. Stella J. Schneider for a cancellation of the 1935 taxes on Lot 2 of the Sub. of Lots 36 and 37 of Grandview Heights Ad- dition be denied but that a suspen- sion of said taxes be granted and the Board of Supervisors be noti- fied of the action of the City Conn- ell. Seconded by Councilman Mur- Phy. Carried by the following vote: 7`City Clerk. Regular Session, October 4th, 1937 47 City Council (official) Regular Session, October 4, 1937. Council met at 7:35 P. M. Present—Mayor Chalmers, Coun- cilmen Bennett, Clark, Kane, Mur- phy, City Manager Rhomberg. Mayor Chalmers stated that this is the regular monthly meeting of the City Council for the purpose of acting upon such business as may properly come before the meeting. Petition of Midwest-Timmermann Company et al requesting that they be allowed to transfer the private fire alarm bell system ennunciator board from the 9th Street engine house to the 18th Street alarm headquarters, presented and read. Councilman Kane moved to sus- pend the rules for the purpose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Sec onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Chalmers,. Council- men Bennett, Clark, Kane, Murphy. Nays—None. Messrs. Thomas M. Stampfer and G. J. Timmermann addressed the Council requesting that the prayer of the petition of Midwest -Timmer - mann Company et al be granted. Councilman Clark moved that the prayer of the petition of Midwest- Timmermann Company et al be granted upon condition that the add Telephone Company provide i. tionai facilities for the installation of the private fire alarm bell sys- tem ennuncfator board at the 18th Street alarm headquarters and that proper waivers be prepared and signed by the various petitioners. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Chalmers, COuncl Murphy. men Bennett, Clark, Kane, Nays—None. Communication of Murphy Insur' ante Agency informing the City Council that Mrs. Ray Powers has advised them that she does not wish to have her Excavatton he IC ty ond renewed and re nesting Council to authorize a letter ofec cellation of liability as of ef- fective date which is August 5, 1.937, presented and read. Councilman Bennett moved that the request be granted. Seconded by Councilman Clark. Carried b the following vote: Council Yeas—Mayor Chalmers, Murphy men Bennett, Clark, Kane, Nays—None. T ulberg ►'e Petition of George A. questing permission to redeem the Tax Sale Certificate No. 184 held by the. City of Dubuque against the westerly 150 feet of Lot 24 of Min. eral Lot 149 upon the payment of the face value• of the certificate in the amount of $68.31, presented and. read. Councilman Kane moved that the request be granted and that George A. Eulberg be allowed to rede?m the Tax Sale Certificate No. 184 held by the City of Dubuque against the westerly 150 feet of Lot 24 of Mineral Lot 149 upon the pay- ment of the face value of the cer- tificate plus 55� interest per aunuu►, the balance of penalties and in. terest to be waived, and the City Treasurer to be instructed accord. ingly. Seconded by Councilman Bennett. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Petition of Angelina Hillard and Carrie P. Stone requesting the City Council to consider the correcting of lands as were relocated and sur. veyed for the relocating of an alley on College Avenue in which Lots 10 and 11 of Finley Home Addition were concerned and requesting that the City Council convey Lot No. A by quit claim deed to An- gelina Hillard and Angelina Ilil- lard agrees to convey to the City of Dubuque by quit claim deed Lot 1 of Lot 2 of 10 and 11 in Finley Home Addition and that the City Council convey Lot No. B by quit claim deed to Carrie P. Slone and Carrie P. Stone agrees to convey to the City of Dubuque by quit claim dead Lot 1 of Lot 1 of 10 and 11 all in Finley Home Addition, presented and read. Councilman Kane moved �torcfer nager the petition to the City and City Solicitor for their mendation and report. by Councilman Clark. Carried by the following vote: Yeas—Mayor Chalmers, COUncil- hy. men Bennett, Clark, Kane, -' P Nays—None. Petition of Fighting Back (,hill )- Petition Post 6, Disabled Veteran,. ►'" questing Permission for the bolding of Drive o►n Satilyday, Or annual ctober 2, 19:17, presented and read. the Councilman Kane mE'�. 11tqj homberg action of City Manage ' ►ov t g the request be app' i❑ gra.ntin y ed. $eCarried b}w ►�theil►tollowing nett. vote: Council Yeas —Mayor Chalmers, lfurphy. men Bennett, Clark. Kant'• Nays—None. 248 lar Session, October .4th, 1937 Petition of the Salvation Army requesting permission for the hold- ing of a tag day on October 16, 1937, presented and read. Councilman Murphy moved that the request be granted. Seconded by Councilman Kane. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Petition of Iowa Children's Home Society, Des Moines, Iowa, requesting permission for the hold- ing of a tag day on November 6, 1937, presented and read. Councilman Bennett moved that the request be granted. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Petition of Tavern Keepers Asso- ciation requesting the cooperation of the City Council to stop the sale of beer by places that have no li- cense and also Class C license that are selling beer by the bottle re- frigerated which is against the law, presented and read. Councilman Kane moved to re- ceive and file the petition. Second- ed by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Petition of C. F. Arendt, referred to the City Council by the Board of Supervisors, requesting suspen- sion of the 1936 taxes on the north 40 feet of Lot 7 of McCraney's 2nd Addition, presented and read. Councilman Kane moved to re- fer the petition to the City Solic- itor for investigation and report. Seconded by Councilman Bennett. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Petition of Hal. Miller, referred to the City Council by the Board of Supervisors, requesting suspension of the 1936 taxes on the north 21 feet 6 inches of Lot 167 and the south 16 feet of Lot 168 of Glen. dale Addition, presented and read. Councilman Kane moved to refer the petition to the City Solicitor for investigation and report. Sec- onded by Councilman Bennett. Car- ried by the following vote: Yeas—Mayor Chalmers, Council. men Bennett, Clark, Kane, Murphy, Nays—None. Petition of John Badger, referred to the City Council by the Board Of Supervisors, requesting suspen. sion of the 1936 taxes on the north. east 24 feet of the southwest 24 feet 8 inches of the east 134 feet of Lot 10 of Fengler's Addition, presented and read. Councilman Kane moved to refer the petition to the City Solicitor for investigation and report. Sec. onded by Councilman Bennett. Car. ried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Petition of Henry Mueller, re- ferred to the City Council by the Board of Supervisors, requesting suspension of the 1936 taxes on Lot 1 of 2 of 1 of 12 of Kneist Sub., Lot 2 of 2 of 1 of 12 of Kneist Sub., and Lot 1 of 1 of north % of Lot 99 of L. H. Langworthy's Addition, presented and read. Councilman Kane moved to refer the petition to the City Solicitor for investigation and report. Sec- onded by Councilman Bennett. Car- ried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Report of the Board of Health for the month of August, 1937, pre- sented. Councilman Bennett moved that the report of the Board of Health for the month of August, 1937, be received and placed on file. Sec- onded by Councilman Clark. Car- ried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. October 4, 1937. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentleman: Herewith is the re- port of the investigation made by the State Department of Health of the nuisance condition caused by the discharge of gas from the Gen- eral Insulating & Manufacturing Plant. I have visited the plant today and find that the new down -shaft blower is in operation on one of the four units and that the sec- ond installation will be completed tomorrow. The same improvement will be made on the remaining two units as soon as the equipment ar- rives. The officials of the Rock Wool Plant feel that this will re- move the flying wool and the . ob- noxious odors that have been the cause of the complaints from the People in the neighborhood. The Inspection that I made leads me to believe that when all of the new apparatus is installed there should be small cause for any future com- plaints. Respectfully submitted, A. A. RHOMBERG, City Manager. 4 Regular Session, October 4th, 1937 249 Councilman Bennett moved that Councilman Clark moved the the communication of City Manag- adoption of the resolution. Second- er Rhomberg be made a matter of ed by Councilman Bennett. Carried record. Seconded by Councilman by the following vote: Murphy. Carried by the following Yeas—Mayor Chalmers, Council - vote: men Bennett, Clark, Kane, Murphy. Yeas—Mayor Chalmers, Council- Nays—None. men Bennett, Clark, Kane, Murphy. Nays—None. Resolution No. 116-37 Resolution No. 114-37 WHEREAS, heretofore applica- BE IT RESOLVED by the City tions were filed by the within Council of the City of Dubuque that named applicants for Class '•B" the following, having complied Beer Permits and they received the with the provisions of law relating approval of this Council; and to the sale of cigarettes within the WHEREAS, the premises to be City of Dubuque, be granted a per- occupied by them have been in - spected and found to comply with mit to sell cigarettes and cigarette within said city and the the ordinances of this City and papers Manager is directed to issue such they have filed a proper bond: NOW, THEREFORE, permit on behalf of said city. 2510 Central BE IT RESOLVED by the Coun- M. Haas, cil of the City of Dubuque that the v Avenue. T� BE IT FURTHER RESOLVED Manager be and he is hereby directed to issue to the following that the bond filed with the appli- named persons a Beer Permit. cation be approved. Passed, adopted and approved CLASS B' PERMIT this 4th day of October, 1937. Mrs. Hilda C. Ellwanger, (New). JOHN K. CHALMERS, 400 Iowa Street. Mayor. Gust Billis, (Renewal), 597 Main CARL A. CLARK, Street. M. R. KANE, Eugene McCann, (Renewal), 302 GEO. R. MURPHY, Iowa Street. A. M. BENNETT, BE IT FURTHER RESOLVED Councilmen. that the bonds filed by such appli- Attest: J. J. SHEA, cants be and the same are hereby City Cleric. Councilman Bennett moved the approved. Passed, adopted and approved 1937. adoption of the resolution. Second- this 4th hayJ f O October, S, ed by Councilman Murphy. Carried Mayor.by the following vote: Yeas—Mayor Chalmers, Council CARL A. CLARK. men Bennett, Clark, Kane, Murphy. M. R. BANE, GEO. R. MURPHY, Nays—None. Resolution No. 115-37 A. M. BENNETT,W H E R E A S, applications for Class "B" Beer Permits have been Attest: J. J. SHEA, Clerk. submitted to this Council for ap' proval and the same have been City Councilman Clark moved the Sec - examined: NOW, THEREFORE, adoption of the resolution. Bennett. Car. BE IT RESOLVED by the Coun- Dubuque that the onded by Councilman by the following vote: cii of the City of be and the ried Chalmers,, Council - following applications and it is Yeas—Mayor AIurphY. Bennett, Clark, lane . same are hereby approved ordered that the premises to be men Nays—None. decisions of the occupied by such applicants shall The following relative to various tax be forthwith inspected. City Council su�o tnc�il�� tiP CLASS "B" PERMIT C. Eliwanger, 400 petitions requesting taxes P1 rPquest"" Mrs. Hilda Iowa Street. ttoved Passed, adopted and a.pl p,. Afendt proval: C. h'. suspension of the 1936 taxes susp 0 feet of Lot 7 of 11c� this 4th day of October, 1937. the north h2nd Addition, r e q u es t Badger requesting JOHN K. CHAmyor. grante taxes on the ranted; John the 1.30 CARL A. CLARK, suGpec�s�on of 24 feet of the s Past'°134 M. R. KANE, GEO. R. MURPHY, northeast 2�} feet 3 inches of the ddi Lot 10 of FenNialy A hiller A. M. BENNETT, feet of tion, request granted of the 1`.t3f1 Councilmen. requesting suspension 21 feat 0 ineh's Attest: J. J. SHEA, City Clerk. taxes on the north 250 Special Session, October 8th, 1937 of Lot 167 and the south 16 feet Of Lot 168 of Glendale Addition, request granted. moved that Councilman Murphy the decisions of the City Council on the various tax petitions be ap- proved and that the Board of Sup- ervisors be notified of the action of the City Council. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. There being no further business Councilman Bennett moved to . ad- journ. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. J. J. SHEA, p� �Ciitty� Clexk. Approved d�+�%i L 6.119937, Adoptee b 1y37 Councilmen I' LCP...QQ.....QQ.....^^....��.. Attest: ........aQ.!'f'�.NA. City Clerk. City Council (Official.) Special Session, October 8th., 1937. Council met at 4:45 P.M. Present — Councilmen C 1 a r k, Kane, Murphy, City M a n a g e r Rhomberg. Absent—Mayor Chalmers and Councilman Bennett. Meeting called by order of Coun- cilmen Kane and Clark. Councilman Murphy moved that Councilman Kane be appointed Mayor Pro Tem of the meeting. Seconded by Councilman Clarlc. Carried by the following vote: Yeas — Councilmen Clark and Murphy. Nays—None. Absent — Mayor Chalmers and Councilman Bennett. Councilman Kane not voting. Mayor Pro Tem Kane read the call and stated that service thereof had been duly made and that this meeting is called for the purpose considering for approval appli- cations for Class "B" beer permits and acting on any other business as may properly come before a ,regular meeting of the City Coun- Councilman Murphy 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 following vote: Yeas—Mayor Pro Tem Kane, Councilmen Clark and Murphy. Nays—None. Absent—Mayor Chalmers and Councilman Bennett. Mr. Larry Flynn addressed the Council requesting that the Gold Star Mothers be granted a free per- mit for the holding of a charity circus. Councilman Clark moved that the request be granted. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Pro Tem Kane, Councilmen Clark and Murphy. Nays—None. Absent—Mayor Chalmers and Councilman Bennett. Councilman Bennett entered the Council Chamber and took his seat at 4:50 P. M. Mr. Hodgesman, representative Of God's Missionary Army, ad- dressed the Council requesting per- mission for the holding of an open air meeting upon the streets of the Special. Session, October 8th, 1937 251 City of Dubuque on Saturday eve- ning, October 9th., 1937. Councilman Clark moved that the request be granted and that City Manager Rhomberg designate the place of holding said meeting. Seconded by Councilman Bennett. Carried by the following vote: Yeas — Mayor Pro Tem Kane, Councilmen Bennett, Clark, Alur- phy. Nays—None. Absent—Mayor Chalmers. October 7th., 1937 Mr. J. J. Shea, City Clerk, Dubuque, Iowa. Dear Mr. Shea: On September 4 we received from you an application of the City Council to transfer $5,500.00 from the Emergency Fund to the Dock Maintenance Fund. We have hesitated to approve the transfer for the reason that during the past few years receipts in the Consolidated Fund have been inade- quate to meet disbursements and they have had to resort to various means to meet expenses. The present Emergency Fund from which transfer is asked was approved and levied to augment the Consolidated Fund in case of neces. sity and at this time the city has not shown that the Consolidated Fund was in such condition that it will not need the Emergency Fund money before the close of the year. This year an Emergency Tax of less than .50 mills for 1938 collec- tion was approved for the same purpose as the previous year. It has been the hope of this office that the city could arrange its finances so as to dispense with the Emergency Tax altogether but 80 long as it is being approvedmade by on the showing of necessity the Council we do not believe the money should be diverted other. wise. Our records also show that a temporary transfer from the City Bond or Sinking Fund to the COn- solidated Fund has not been fully repaid. This is another reason why no the money in question will doubt be needed in the COD Soii- dated Fund. in deciding We regret the delay this question and also that we can- not cooperate with the Council Dock Board in approving the trans- fer but under the circumstance we do not believe it advisable an the papers are returned n0 approved. In connection with N Outstanding stanask dh°t temporary transfers E__11 you check your records and advise if any have been returned recently or when the money will be re- turned. Very truly yours, C. B. MURTAGH, State Comptroller. Councilman Bennett moved that the communication of C. B. Mur- tagh, State Comptroller, be made a matter of record. Seconded by Councilman Murphy. Carried by the following vote: Yeas — Mayor Pro Tem Kane, Councilmen Bennett, Clark, Mur- phy. Nays—None. Absent—Mayor Chalmers. Petition of John A. Cunningham requesting refunds on penalty and interest charges paid under protest on delinquent special assessments levied against Lot 6 of Cain's Sub., Fund 790 and also against Lots 25-26 of Prospect Hill Addition, Fund 525, presented and read. Councilman Bennett moved that the request be granted and that a warrant in the amount of $47.87 be ordered drawn on the Special Bonded Fund No. 790 and also that a warrant in the amount of $42.03 be ordered drawn on the Special Bonded Fund No. 525 in favor of John A. Cunningham to cover the amounts of refunds granted. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas --Mayor Pro Tem Kane, Councilmen Bennett, Clark. Mur- phy. Nays—None. Absent—Aiayor Chalmers. Petition of Frank E. Leonard, re- ferred to the City Council by the Board of Supervisors, requesting suspension of the 1436 taxes on Lot 5 of 2 of City Lot 720, pre- sented and read. Councilman Murpby moved to refer the petition to the City Solici- tor for investigation and report. Seconded by Councilman Bennett. Carried by the following vote: Yeas — Mayor Pro Tam K fur. Councilmen Bennett, phY. Nays—None. Absent—:Mayor Chalmers. 1fil:f I' Petition of Alr�. Katie A referred to the City C0U1requ by Board of 5111' ors'v rtaxe- suspension of the 1 "3 Lots 9 and 10 of Johnston'. presented and read. mo�•i,d "- s Councilman d refer the petition to the City So1ic:- t for for investigation and rNhc,r' Seconded by Couneiiman��3�nu�'` Carried by the following g , yo Pro Tkn, Yeas — 252 Special Session, October 8th, 1937 Councilmen Bennett, Clark, Mur- Murphy. Carried by the following phy, vote: Nays—None. Yeas — Mayor Pro Tem Kane, Absent—Mayor Chalmers. Councilmen Bennett, Clark, Mur. Petition of Mrs. Walter Burke, phy. referred to the City Council by the Nays—None. Board of Supervisors, requesting Absent—Mayor Chalmers. suspension of the 1936 taxes on Resolution No. 117-37 Lot 4 of South Avenue Addition, presented and read. BE IT RESOLVED by the Cit Councilman Murphy moved to Council of the City of Dubuque que that the following, having complied refer the petition to the City Solici- with the provisions of law relating for for investigation and report, Seconded by Councilman Bennett. to the sale of cigarettes within the Carried by the following vote: City of Dubuque, be granted aper- Yeas—Mayor Pro Tem Kane, mit to sell cigarettes and cigarette Councilmen Bennett, Clark, Mur- papers within said city and the Manager is directed to issue phy. Nays—None. such permit on behalf of said City. Absent—Mayor Chalmers. Mrs. Margaret Clancy, 378 Main Petition of Bridget Casey, re- ferred to the City Council by the Street. BE IT FURTHER RESOLVED Board of Supervisors, requesting that the bond filed with the applica- suspension of the 1936 taxes on tion be approved. Lot 1 of 2 of 7 of Min. Lot 79, Lot Passed, adopted and approved 2 of 1 of 1 of 3 of 7 of Min. Lot 79 this 8th day of October, 1937. and Lot 2 of 1 of 3 of 7 of Min. Lot M. R. KANE, 79, presented and read. Mayor Pro Tem. Councilman Murphy moved to CARL A. CLARK, refer the petition to the City Solici- GEO. R. MURPHY, for for investigation and report. A. M. BENNETT, Seconded by Councilman Bennett. Councilmen. Carried by the following vote: Attest: J. J. SHEA, Yeas — Mayor Pro Tem Kane, City Clerk. Councilmen Bennett, Clark, Mur- Councilman Murphy moved the phy. adoption of the resolution. Sec. Nays—None. onded by Councilman Bennett. Car. Absent—Mayor Chalmers, ried by the following vote: Council Proceedings 10 r t h e Yeas -- Mayor Pro Tem Kane, month of August, 1937, presented Councilmen Bennett, Clark, Mur- for approval. phy. Councilman Bennett moved that Nays—None. the Council Proceedings for the Absent—Mayor Chalmers. month of August, 1937, be approved Resolution No. 118-37 as printed. Seconded by Council- man Murphy. Carried by the follow. WHEREAS, applications for "B" ing vote: Class Beer Permits have been Yeas — Mayor Pro Tem Kane, Councilmen Bennett, submitted to this Council for ap- proval and the same have been phy. Clark, Mur- examined: NOW, THEREFORE, Nays—NoneBE IT RESOLVED by the Coun- , Absent—Mayor Chalmers, cil of the City of Dubuque that the October 7, 1937. following applications be and the To the Honorable Mayor same are hereby approved and it is and City Council, ordered that the premises to be Dubuque, Iowa. occupied by such applicants shall Gentlemen: be forthwith inspected. I am submitting herewith reports p CLASS "B" PERMIT of the City Auditor, y and Cit Cit Treasurer John J. Jassman, 390 East 12th Street; Mrs. 3 Water Department for the month of September, Margaret Clancy, 378 Main Street; Hubert Meissen, 1401 1937, also list of claims and list of payrolls Elm Street. for which warrants were issued during the th sassed 8th 'day oofteand al month of September, 1937, October, 37ved M. R. KANE, Respectfully submitted, Mayor Pro Tem. A. A. RHOMBERG, CARL A. CLARK, City Manager. Councilman Bennett GEO. R. MURPHY, A. moved that the reports be M. BENNETT, received and placedCouncilmen. on file. Seconded by Councilman Attest: J. J. SHEA, City Clerk. tial Session, October 8th, 037 ' 253 Councilman Bennett moved the adoption of the resolution. Second- ed by Councilman Clark. Carried by the following vote: yeas—Mayor Pro Tem Kane, Councilmen Bennett, Clark, Mur- phy. Nays—None. Absent—Mayor Chalmers. Resolution No. 119-37 WHEREAS, heretofore applica- tions were filed by the within named applicants for Class "B" Beer Permits and they received the approval of this Council; and WHEREAS, the premises to be occupied by them have been in- spected and found to comply with the ordinances of this City and they have filed a proper bond: NOW, THEREFORE, BE IT RESOLVED by the Coun. cil 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 John J. Jassman, (New), 390 East 12th Street. (New), Mrs. Margaret Clancy, (: 378 Main Street. 1401 Hubert Meissen, (New), Elm Street. Edward J. Duccini, (Renewal), 574 East 16th Street. BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. roved Passed, adopted and app this 8th day of October, 1937. M. R. KANE, Mayor Pro Tem. CARL A. CLARK, GEO. R. MURPHY, A. M. BENNETT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Bennett moved the adoption of the resolution. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas — Mayor Pro Tem Kane, Councilmen Bennett, Clark, Mur- phy Nays—None. Absent—Mayor Chalmers. There being no further business Councilman Clark moved ad- journ. Seconded by Councilman Bennett. Carried by the following vote: Bane, Yeas — Mayor Pro dark Councilmen Bennett, Mur- phy. Nays—None. Absent—Mayor Chalmers. J. J. SHEA, City Clerk. Approved 37. Adopted 937. ...... ..... ._.�............. ....... Councilmen ........ ..................... . ....� �' ..��,.. Attest: �(\ City Clerk. 254 Special Session, October 25th, 1937 City Council (Official) Special Session, October 25th., 1937. Council met at 4:50 P. M. Present—Mayor Chalmers, Coun- cilmen Bennett, Clark, Murphy, City Manager Rhomberg. Absent—Councilman Kane. Meeting called by order of Mayor Chalmers and Councilman Clark. Mayor Chalmers read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of considering petitions requesting suspension of the 1936 taxes and acting on any other business as may properly come before a regular meeting of the City Council. Councilman Murphy moved to suspend the rules for the purpose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Sec- onded by Councilman Clark. Car- ried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Murphy. Nays—None. Absent—Councilman Kane. Petition of Mrs. Mary Kaiser de- manding an efficient water service to her home located on Kaufman Avenue and advising the City Coun- cil that this is the fourth time in the last three years that she has been forced to repair this water service, presented and read. Mrs. Kaiser addressed the Coun- cil requesting that an efficient water service be installed in Kauf- man Avenue to take care of her home. Councilman Murphy moved to refer the petition to the City Man. ager and Plumbing Inspector for investigation they to use their own judgment in the matter of making a settlement of the same. Second- ed by Councilman Bennett. Car- ried by the following vote: Yeas -Mayor Chalmers, Council- men Bennett, Clark, Murphy. Nays—None. Absent—Councilman Kane. Notice of Claim of Russell J. Smith in the amount of $796.00 for property damage sustained to his airplane caused while making a landing at the Municipal Airport Oil or about August 27th., 1937, presented and read. Attorney Robert H. Kintzinger addressed the Council relative to the claim of Russell J. Smith. Councilman Bennett moved to refer the claim to the City Solicitor for investigation and • report. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Murphy. Nays—None. Absent—Councilman Kane. Claim. of Jerome H. Chopa in the amount of $12.00 for replacing a broken wind -shield in his automo- bile caused when striking a gully at the corner of Queen and Regent Streets and throwing the occupant of the front seat against said wind- shield, presented and read. Councilman Bennett moved to refer the claim to the City Solici- tor. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Murphy. Nays—None. Absent—Councilman Kane. Communication of Iowa State Highway Commission calling the attention of the City Council to Section 324 of the Motor Vehicle code, under which section, they may establish speeds greater than those provided by law, and advising Council that the Iowa State High- way Commission do not suggest the stepping up of speeds in school and business districts but that they would suggest that in the outlying sections of town where the houses are 200 feet apart, which are now marked as residence districts speed limit 25 miles per hour, that the municipalities enact an ordinance establishing such districts as spe- cial districts with a speed limit of 35 miles per hour or as suburban districts with a speed limit of 45 miles per hour and further advising Council that if an ordinance is enacted establishing either of these districts and furnishing the Iowa State Highway Commission with a COPY of the same that they will be glad to erect these special or subur- ban district speed signs on the primary road extensions without cost to the City, presented and read. Councilman Murphy moved that the communication be referred to the City Manager to make a survey. and submit his report to the City Council. Seconded by Councilman Clark. Carried by the following vote: : Yeas—Mayor Chalmers, Council- men Bennett, Clark, Murphy. Nays—None. Absent—Councilman Kane. Petition of Dubuque Community Chest requesting permission to dis- play a banner across Main Street and also that they be granted per- Special Session, October 25tH, 1937 255 mission to conduct .a parade on I the suspension of the 1936 taxes on. Saturday. October 23rd., presented L•nd. % of N. 23% feet of S. ithe and read. 75 feet of Lots 1, 2 and 3 of Kiene Councilman Bennett moved that & Blocklinger's Sub., presented and the requests be granted. Seconded read: by Councilman Murphy. Carried Bennett d reCouncilfer the petn to the City Solied by the following vote: Yeas—Mayor Chalmers, Council- I for for investigation and report. men Bennett, Clark. Murphy. Seconded by Councilman Murphy. Nays—None. Carried by the following vote: Absent—Councilman Kane. Yeas—Mayor Chalmers, Council Petition of Dubuque Packing men Bennett, Clark. Murphy. Company requesting permission to un- Nays—None. Absent—Councilman Kane. construct a concrete railroad loading platform 12 feet wide ex- Petition of Henry E. Koehler, into Sycamore Street east- referred to the City Council by the tending erly of Lots 425, 426 and 427 of lying Board of Supervisors. requesting the suspension of the 1936 taxes Fast Dubuque Addition and the railroad tracks and on the find. % of N. 23% feet of between the east line of said lots: also for S. i5 feet of Lots 1. 2 and 3 of Sub., - permission to construct and oper- Kiene & Blocklinger's pre and read. ate gates to be erected on East as to form a contin- sented Councilman Bennett moved to 17th. Street so uation of the east and west lines refer the petition to the City Solici- investigation and report. of the alley between Sycamore and for for Councilman MurCedar Streets, presented manoderrea . Councilman Murphy CarSecded byded the voteph, Chalmers, Council - refer the petition to the City Coun- Seconded Yeas—Mayor cil to view the grounds. Carried None• Nays—None. by Councilman Bennett. Absent—Councilman Kane. by the following vote: Yeas --Mayor Chalmers, Council Petition of Mrs. Marguerite requesting a refund in men Bennett, Clark, Murphy. Schetgen the amount of $20.55 for penalty Nays—None• charges paid on delinquent special Absent—Councilman Kane, Dubuque Packing assessments levied against the Lot 156 of East Petition of Company requesting the vacation south 22 feet of Dubuque Fund No. 649, of the easterly 25 feet of Cedar 16th. Street to p ed andAddread. moved that Street from East East 17th. Street and that a eon Councilman Bennett be ranted and that a veyance of such vacated portion of nth the amount of $20.85 be `arrant it Special said street be made to the Dubuque and ordered drawn on the in favor of Mrs. Mar - Packing Company, presented Bonded Fund to cover the read. moved to Councilman Murphy n gueritE Schetgen amount of refund granted. Car Murphy. refer the petition to the City Con Seconded onded by Councilman vote: cil to.view the grounds. by Councilman Bennett. Carried vied by the following Yeas—Mayor Chalmers• Council by the following vote:Hien Council Bennett, Clark, Murpliv. Yeas—Mayor Chalmers, men Bennett, Clark, Murphy. Nays—None. Absent—Councilman lane. Sl>ielman 'of Nays—None. Kane. Petition of Matt refund in the amount Absent—Councilman Petition of Mrs. Anna S5 Council viet questing a n $3x•91 for P enalt� charges paid on ing, referred to the City re.1936 special assessments delinquent t 2 of Sub. °f Niro. Lo by the Board of Supervisors. of the levied against and �t,. Fund No. 872 "d questing suspension taxes on Lots 23 and 24 of High Lot 67. 877 presented and read. Benn Moved that Street Sub., presented and read. Bennett moved Councilman request be granted q q7 1>a the req of $3special Councilman ton warrant in the amount the refer the petition and rep for for investigation Murphy 1Vl p draw °f Batt ordered on Fund e Seconded by Councilman by the follo i vote: Bonded Spielman to cover the amp"fount Seconded by Carried er Yeas—Mayor Chalmers, Council i ranted. ` the refund g lurphy Carried men Bennett, Clark, Murphy• cilman vote: ounril• Nays—None. ane. o following Mayo Chaluler '. Absent—Councilman re Petition of Sarah bier, by the men Bennett, ou Council ,,y,—None. ferred to the City requesting Board of Supervisors, 256 Special Session, October 25th, 1937 Absent -Councilman Kane. Petition of Leo F. Biy requesting a refund in the amount of $28.59 for penalty charges paid on delin- quent special assessments levied against Lot 10 of O'Neill's Sub. No. 3, Fund No. 903 and Fund No. 921, presented and read. Councilman Bennett moved that the request be granted and that a warrant in the amount of $28.59 be ordered drawn on the Special Bonded Fund in favor of Leo F. Bly to cover the amount of refund granted. Seconded by Councilman Murphy. Carried by the following vote: Yeas -Mayor Chalmers, Council- men Bennett, Clark, Murphy. Nays -None. Absent -Councilman Kane. Petitions of Voelker Realty Com- pany, submitting attached lists of special assessments which were paid on September 27th, October 14th. and October 18th., and which were included in Scavenger Tax Sale Certificates, requesting re- funds of all penalties and interest on these assessments in accordance with agreement reached at a recent meeting with your honorable body, presented and read. Councilman Bennett moved that Voelker Realty Company be grant- ed refunds in the following amounts, for penalty charges paid on delinquent special assessments and that warrants in the following amounts be ordered drawn on the Special Bonded Fund to cover the amounts of refunds granted, the total amount of refunds granted $1,101.75: Fund 631, Lot 4 of Line. han Park Addition $7.60; Fund 789, Lots 17, 18, 19 and 146 Burden & Lawther's Addition $86.34; Fund 485, Lots 17, 18 19 and 146 Burden & Lawther's Addition $13.64; Fund 558, E. 170 feet of Lot 327 of Davis Farm Addition $46.36; Fund 738, E. 170 feet of Lot 327 of Davis Farm Addition $50.60; Fund 444, W. 40 feet of Lot 76 of East Du- buque Addition $5.60; Fund 454, W. 40 feet of Lot 76 of East Du- buque Addition $9.64; Fund 454, N. 17 feet of E. 60 feet of Lot 76 of East Dubuque Addition $3.97; Fund 444, N. 17 feet of E. 60 feet of Lot 76 of East Dubuque Addi- tion $9.90; Fund 649, N. 1/2 of Lot 174 East Dubuque Addition $28.64; Fund 516, N.1A of Lot 174 of East Dubuque Addition $3.57; Fund 554, Lot 284 of East Dubuque Addition $4.62; Fund 643, N. 40 feet of Lot 11 of F. Fosselmann's Sub. $22.84; Fund 441, Lot 2 of A of 12 of S. M. Langworthy's Addition $19.40; Fund 412, Lot 2 of A of 12 of S. M. Langworthy's Addition $7.14; Fund 411, Lot 2 of Sub. 27 and 28 of S. M. Langworthy's Addition $10.01, Fund 845, Lot 1 of Sub. 1 of 1 of 3 of Min. Lot 76 and 2 of Min. Lot 77 $13.40; Fund 840, Lot 1 of Sub. 1 of 1 of 3 of Min. Lot 76 and 3 of Min. Lot 77 $13.00; Fund 412, Lot 4 of Newberry & Hales $0.65; Fund 659, Lot 4 of Newberry & Hales $32.90; Fund No. 643, Lot 10 of New Jackson Sub. $15.21; Fund 465, Lot 6 of O'Neill's Sub. $8.14; Fund 458, Lot 6 of O'Neill's Sub. $21.02; Fund 819, Lot 54 of O'Neill's Riverview $7.81; Fund 838, Lot 54 of O'Neill's Riverview $13.08; Fund 847, I.ot 54 of O'Neill's Riverview $1.95; Fund 819, Lot 55 of O'Neill's Riverview $7.81; Fund 838, Lot 55 of O'Neill's Riverview $11.36; Fund 847, Lot 55 of O'Neill's Riverview Addition $1.95; Fund 650, Lot 1 of E. Ryan's Sub. $43.25; Fund 646, Lot 1 of E. Ryan's Sub. $20.66; Fund 751, Lot 16 of J. P. Schroed- er's Addition $8.05; Fund 751, Lot 19 of J. P. Schroeder's Add. $13.67; Fund 445, Lot 19 of J. P. Schroed- er's Add. $0.97; Fund 445, Lot 20 of J. P. Schroeder's Add. $5.61; Fund 560, Lots 19, 20 and Und. 1/3 of E. 1/2 of Lot 14 of South View Heights $52.14; Fund 484, Lots 19, 20 and Und. 1/3 of E. % of Lot 14 of South View Heights $26.13; Fund 628, N. M2 of Lot 16 of Tivoli Add. $28.04; Fund 630, Lot 50 of Tschirgi & Schwind's $24.54; Fund 457, Lot 50 of Tschirgi & Schwind's $1.62; Fund 435, Lot 50 of Tschirgi & Schwind's $1.62; Fund 413, Lots 5 of Voelker Highlands $13.48; Fund 387, Lot 94 of Woodlawn Park Add. $7.49; Fund 898, Lot 197 of Wood - lawn Park Add. $72.00; Fund 707. Lot 3 of Johnston Sub. $9.84, Fund 630, S. 1/ of Lots 47 and 48 of Tschirgi & Schwind's Sub. $23.01; Fund 435, S. % of Lots 47 and 48 of Tschirgi & Schwind's Sub. $9.74; Fund 631, Lot 3 of Linehan Park Add. $14.48; Fund 638, Lot 10 of Sub. 3 of Min. Lot 90 $38.27; Fund 573, Lot 2 of Sub. 2 of 1 of Min. Lot 314 $46.85; Fund 553, Lot 2 of Sub. 2 of 1 of Min. Lot 314 $17.45; Fund 490, Lots 291 and 292 of Woodlawn Park Add. $11.95; Fund 467, Lot 6 of O'Taylor's Sub. $3.32; Fund 885, Lot 6 of O'Taylor's Sub. $6.98; Fund 643, W. 86 feet 9 inches of Lot 182 of L. H. Langworthy's $37.58; Fund 643, W. 86 feet 9 inches of Lot 184 of L. H. Lang - worthy's $37.58; Fund 643, W. 86 feet 9 inches of Lot 185 of L. H. Langworthy's $37.20; Fund 708, Lot 52 of Pleasant View Add. $5.03; Fund 708, Lot 53 of Pleasant View Add. $5.03. Seconded by Council - Special Session, October 25th, 1937 257. man Clark. Carried by the follow. ing vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Murphy. Nays—None. Absent --Councilman Kane. Petition of Helen McGuinness re- questing a refund in the amount of $21.57 for penalty charges paid on delinquent special assessments levied against Lot 88 of Union Addition, Fund No. 582, presented and read. Councilman Murphy moved that the request be granted and that a warrant in the amount of $21.57 be ordered drawn on the Special Bonded Fund in favor of Helen McGuinness to cover the amount of refund granted. Seconded by Councilman Bennett. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Murphy. Nays—None. Absent --Councilman Kane. Petition of Olive E. Trieb re- questing a refund in the amount of $22.95 for penalty charges paid on delinquent special assessments levied against Lot 1 of M. A. Reb- man's Sub., Fund No. 725, pre- sented and read. Councilman Clark moved that the request be granted and that a war- rant in the amount of $22.95 be ordered drawn on the Special Bonded Fund do favor of Olive E. Trieb to cover the amount of re- fund granted. Seconded by Coun- cilman Murphy. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Murphy. Nays—None. Absent—Councilman Kane. Proof of publication, certified to by the publishers, of a statement of receipts and also a list of claims for which warrants were issued during the month of September, 1937, presented and read. Councilman Bennett moved that the proof of publication be received and filed. Seconded by Counciman Murphy. Carried by the ng vote: Yeas—Mayor Chalmers, council- men Bennett, Clark, Murphy. Nays—None. Absent—Councilman Kane. Report of the Board of Health for the month of September, 1937, presented. Councilman Bennett moved that the report of the Board of Health for the month of September1937, , be received and placed on file. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Murphy. Nays—None. Absent --Councilman Kane. Dubuque, Iowa, October 22, 1937 To the City Council: At a meeting of the Board of Dock Commissioners held on Octo- ber 22, 1937, the following resolu- tion was adopted: Whereas, on July 13, 1937 this Board asked the City Council to appropriate money for the opera- tion of the Dredge in excavating the Ice Harbor and Whereas, the Council in response requested the State Comptroller to approve a transfer of $5,500.00 from the Emergency Fund to the Dock Operating Fund and Whereas, On October 7 the said State Comptroller notified the City Clerk that said transfer could not be approved by him, therefore, be it now Resolved: That the City Council be requested to ask the State Comptroller to approve of a loan from any available funds of the Water Department which may not be needed at this time in an amount of $5,500.00, the same to be repaid Within, one year out of the funds placed to the credit of the Dock Operating Fund as a result of levy of sis mill tax for the fiscal year ending March 31, 1939. Pursuant to the above Resolu- tion, you are hereby respectfully requested to ask the State Comp- troller to approve of the loan as set out in said Resolution. Very respectfully, By P. S. FAWKE President. By J. A. KERP Secretary. By ALBERT WHARTON, Commissioner. Councilman Bennett moved that the petition be made a matter of Councilman record. Seconded by ythe following Murphy. Carried by vote: Yeas—Mayor Chalmers, Council men Bennett, Clark, Murphy. Nays—None. Absent—Councilman Kane. Resolution No. 120-37io n for Resolution and app licatauthority to transfer $5.500.00 from the Waterworks Operation Fund of the City of Dubuque to the Dock Fund. WHEREAS, there exists in the City of Dubuque a Board of Dock ic- Ch has j on and control of a dockP operrty. 258 Special Session, October 25th, 1937 including the harbor and water. fronts of said City; and WHEREAS, for several years the harbor has been filling up with silt and mud so that it has become use- less for the harboring of water craft and other purposes incident to the proper operation of the, docks; and WHEREAS, in order to clean out and dredge said harbor and to make other improvements related to the operation of the docks at Dubuque, the City of Dubuque pur- chased and caused to be built a dredge at a cost of approximately $30,000.00, which dredge is now ready for use and operation; and WHEREAS, competent engineers have determined that to dredge the harbor and make certain other con- templated improvements, it will re- quire several months of operation, such work to continue until the river and harbor becomes frozen over with ice; and WHEREAS, the purchase of the dredge and the doing of the work herein described was not contemp. lated when taxes were levied in the year, 1936, and as a result no taxes were levied for the Dock Fund and the income from the operation of the docks is wholly insufficient to Pay the expenses now required to be paid for such purpose; and WHEREAS, it is now evident that unless funds are made avail- able by transfer from the Water- works Operation Fund to the Dock Fund, it will be impossible to do the work for which said dredge was acquired and the investment of the City in said equipment will be jeo- pardized as there are no other funds available which might be used for such purpose; and Whereas, there is now in the Waterworks Operation Fund of said City the sum of $49,810.01, which, together with current rev. enues to be received will be more than sufficient to pay the expenses of the operation of the Waterworks so that a transfer of $5,500.00 to the Dock Fund can be made at this time wtihout interfering with the operation of said Waterworks, said sum however, to be repaid to said Waterworks Operation Fund on or before November 30, 1938; and Whereas, before any transfer can be made from the Waterworks Operation Fund to the Dock Fund, an application must be made to the State Comptroller for author. ity to make the transfer and his approval secured thereon: 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 Waterworks Operation Fund of the City of Dubuque to the Dock Fund of said City the sum of $5,500.00 which is now in the hands of the City Treasurer, and the State Comptroller is hereby Petitioned to authorize such trans. fer, said sum to be returned to the Waterworks Operation Fund from the Dock Fund on or before No- vember 30, 1938. Be it further resolved that when such approval has been received from said State Comptroller that the Auditor and Treasurer correct their books accordingly. Passed, adopted and approved this 25th day of October, 1937. JOHN K. CHALMERS, Mayor. A. M. BENNETT, CARL A. CLARK, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. APPROVAL. The foregoing resolution and petition for transfer of funds be and the same is hereby approved this ............ day of .................. 1937. State Comptroller. Councilman Bennett moved the adoption of the resolution. Sec- onded by Council Murphy. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Murphy. Nays—None. Absent—Councilman Kane. October 25, 1937. 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. E. L. Scheppele et al., 1420 Central Avenue; Policy No. GPL 107957, Massachusetts Bonding and Insurance Co. Dubuque Cooperative Dairy Mar- keting Association, 1020 Central Avenue; Policy No. PL 43119, Bi- tuminous Casualty Corporation. L. F. Rolling, 2155 West 8th Street; Policy No. L.O.L. 1720, New Amsterdam Casualty Com- pany. Special Session, October 25th, 1937 Edward B. Tegeler, 2293 Central Avenue; Policy No. 12514, The Ohio Casualty Insurance Co. Ruprecht Brothers, 1423-27 Cen- tral, Avenue; Policy No. OPW 269, Central Surety and Insurance Cor- poration. Western Union Telegraph Co., 490 Main Street; Policy No. PL 43133, Bituminous Casualty Cor- poration. George C. Rath & Son, Inc., 12th and Central Avenue; Policy No. GL 9360, Utilities Insurance Co. Black and White Cab Co., 876 Locust Street; Policy No. C.L.I. 2554, Columbia Casualty Co. Firestone Service Stores, Inc., 7th and Bluff Streets; Policy No. GL 3402, The Hoosier Casualty Co. Central Auto Parts & Wrecking Co., 870-880 Central Avenue; Pol- icy No. 64325, Hawkeye Casualty Co. Hartman Furniture Co., 872 Main Street; Policy No. 0. L. & T. 2202147, Continental Casualty Co. Star Brewing Company; Policy No. C.L.I. 2539, Columbia Casualty Company. Signs at following loca- tions: Harold A. Casey, 1097 Jack- son Street; Eugene McCann, 800 Iowa Street; Al. Vogelsburg, 29 8th A v e n u e; Mike Schnee, 37 8th Avenue; Jos. J. Ma- chinek, 1399 Jackson Street-, Nick Weber, 431 Rhomberg Avenue; Toni Peed, 236 W. 7th Street; Joe Bewer, 527 East 22nd Street; John Stieber, 3165 Central Avenue; Mrs. Anna Heiar, 1900 Washington Street; Mrs. Mildred Sheehan, 116 West 6th Street; Frank Gregory, 110E Julien Avenue; Roy Wright, 2600 Central Avenue; Louis A. Wright, 1828 Central Avenue; Clarence L. Schadle, 461 8th A v e n u e; George Nardin, 553 8th Avenue; R. D. Hughes, 1006 Central Avenue; George Trimpler, 1701 Asbury Street; H. P. Lemper, 2776 Jackson Street; A. O. Weitz, 201 E. 22nd Street; Mrs. Lucille Jansen, 504 Central Avenue; Wm - E. Briggs, 1255 Central Avenue; John Amacher, 390 East 12th Street; Peter Kress, 41 West 7th Street; E. Eppler, 1 Locust Street; Michael J. Graff, 2364 Washington Street; George Rettenmaier, 1100 Lincoln Avenue; Mrs. Frances Hal- pin, 2106 Central Avenue; George J. Scherer, 1187 Iowa Street; Wm• Woodrich, 1101 Rhomberg Avenue; Frank P. McLaughlin, 115 oast East 22nd Street; John �' Horne,400Win.398 Main Street, W• J g Rhomberg Avenue; A. ger, 1105-07 Iowa Street; Joe 259 Beecher, Nth and White Streets; Leo J. Roth, 399 East 20th Street; A. J. Vogler, 2216 Central Avenue; R. J. Weber, 1545 Central Avenue; F. J. Saengling, 2417 Rhomberg Avenue; Wm. Schaffhauser, 576 Central Avenue; N. Brodeur, 1080 Julien Avenue; Dell Warren, 1702 Central Avenue; Fred Boyes, 511 Garfield Avenue; Mrs. H. E. Ell- wanger, 400 Iowa Street; Henry Oleson, 212 1st Street; Percy L. Smith, 678 Central Avenue; Viola Grode, 1643 Central Avenue. F. A. Nesler & Son, 1732 Central Avenue; Policy No. PL 43139, Bi- tuminous Casualty Corporation. The Orange Bowl, 1078 Main Street; Policy No. OLT 5308, Fire- man's Fund Indemnity Company. Johnson High Test Oil Company. Policy No. C.L.I. 2553, Columbia Casualty Company. Signs at fol- lowing locations: 9th and Central Avenue; 10th and Locust Streets; 801 Rhomberg Avenue-, 2500 Rbom- beg Avenue; East Fourth Street. Grand Opera House, Inc.; Policy No, LDL 1157, Eagle Indemnity Company. Sign at Strand Theatre, 12th and Main Streets. Fisher & Co., Inc., N. W. Cor. 4th and Locust Streets; Policy No. 12516, The Ohio Casualty Insur- ance Company. Ellen Rider Knowlton et al.; Policy No. IOT 1063, The Fidelity and Casualty Company. Sign at L. J. Fosselman, Jeweler, 551 Main Street. J. C. Martell, 2651A Main Street; Bond No. 15555, Merchants Mutual Bonding Company. Young Men's Christian Associa- tion, 9th and Iowa Streets; Policy No. OPW-411, Central Surety and Insurance Corporation. George W. 661671 Iowa Street; Motor Co.), Policy No. OPW 395, Central Sur- ety and Insurance Corporation. Phillips Petroleum Company, N. E. Cor. Jones and Locust Struts; Bond No. 57023-12-1201-31, U. S. Fi- delity and Guaranty Co. Phillips Petroleum C o m p a n y, 2295 Delhi St reet. Bond anr. 12-1203-31, U.St.i d Gua antY CO. Phillips Petroleum C o m p a n y. 1416 White Street; Bond No. 5 702 - 12-1203-31, U. S. Fidelity and Cas ualty CO-Society,238 Spiritual Science West 9th Street; Bond No. 76 Com 26368, Maryland Casualty pany. Co.; Pol- M. K, Goetz Brewing Reciprocal icy No. 90035, Casualty 260 Special Session, October 25th, 1937 Exchange. Signs at following loca- tions: J. Ray O'Brien, 701 Central Avenue; Timothy O'Regan, 1052 Julien Avenue; Victor Perry, 265 Main Street. policy The Coca-Cola Company; No. F10638, General Accident, Fire and Life Assurance Corp. Signs at following locations: Hartig Drug Co., 756 Main Street; Clark Drug Co., 976 Main Street; H. J. JacQui- not, 1830 Central Avenue; Rueg- nitz Drug Store, 629 Rhomberg Avenue; Meyer Confectionery, 532 East 22nd Street; University lnu, 2119 Delhi Street; H. L. Madley, 1048 Julien Avenue; Hartig Drug Co,. 297 Locust Street; Falken- hainer Drug Co., Cor. Booth and Julien. EXCAVATION. H. B. McCarten, 231 West 5th Street; Policy No. 20P564, The Aetna Casualty and Surety Co. F. J. Rellihau, 1715 Central Ave. nue; Central Surety and Insurance Corporation. W. J. Jordan, 1748 Audubon Street; Massachusetts Bonding and Insurance Co. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Bennett moved that the bonds and policies be approved and placed on file. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Murphy. Nays—None. Absent --Councilman Kane. Resolution No. 121-37 Whereas, application for Class "B" Beer Permit has been sub- mitted 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 fol. lowing application be and the same is hereby approved, and it is or. dered that the premises to be oc. cupied by such applicant shall be forthwith inspected. CLASS "B" PERMIT. Name. Address. Mrs. Elsie Recker, 428 West Lo- oust Street.. Passed, adopted and approved this 25th day of October, 1937. JOHN K. CHALMERS, Mayor. CARL A. CLARK, GEO. R. MURPHY, A. M. BENNETT, Councilmen, Attest: J. J. SHEA, City Clerk. Councilman Clark m o v e d the adoption of the resolution. Second- ed by Councilman Bennett. Car- ried by the following vote: Yeas—Mayor Chalmers, Council. men Bennett, Clark, Murphy. Nays—None. Absent—Councilman Kane. Resolution No. 122-37 Whereas, heretofore applications were filed by the within named applicants for Class "B" Beer Per- mits and they received the appro- val of this Council; and Whereas, the premises to be oc- cupied by them have been inspect- ed and found to comply with the ordinances of this City and they have filed a proper bond; Now. Therefore, Be It Resolved by the Council of the City of Dubuque that the Manager be and he is hereby di- rected to issue to the following named persons a Beer Permit. CLASS "B" PERMIT. Name. Address. Mrs. Elsie Recker, 428 West Lo- cust Street. Nicholas Steffen, 1369 Central Avenue. (Transfer of address from 378 Main Street.) Harvey L. Spielman, 185 Main Street. (Transfer of address from 303 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 25th day of October, 1937. JOHN K. CHALMERS, Mayor. CARL A. CLARK, GEO. R. MURPHY, A. M, BENNETT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Bennett moved the adoption of the resolution. Second- ed by Councilman Clark. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Murphy. Nays—None. Absent—Councilman Kane. Resolution No. 123-37 Be It Resolved by the City Coun- cil of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a per- mit to sell cigarettes and cigarette papers within said City, and the Manager is directed to issue such Permit on behalf of said City. Name. Address. Nicholas F. Steffen, 1369 Central Special Session, October 25th, 1937 Avenue. (Transfer of address from 378 Ma1•n Street.) Be It Further Resolved that the bond Sled with the application be approved. Passed, adopted and approved this 25th day of October, 1937. JOHN K. CHALMERS, Mayor. CARL A. CLARK, GEO. R. MURPHY, A. M. BENNETT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Clark moved the adoption of the resolution. Sec- onded by Councilman Bennett. Car- ried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Murphy. Nays—None. Absent—Councilman Kane. Resolution No. 124--37 Whereas, at the time of the plat- ting of Finley Home Addition in the City of Dubuque, there was laid out, established 'and dedicated an alley 20 feet in width extending northerly from College Street to an alley running in an easterly and westerly direction from Allison Place to West 5th Street; and Whereas, the southerly 110 feet of said alley was vacated by the City Council of the City of Du- buque by an ordinance adopted by said Council on the 28th day of February, 1906, and the portion of the alley so vacated was granted to one E. A. Engler and J. J. Mur- phy in exchange for a strip of ground 20 feet wide extending from the new southerly end of said al. ley between Allison Place and Col- lege Street to College Street and more particularly described on a proposed plat of the subdivision of Lots 10 and 11 of Finley Home Ad. dition as the southerly 20 feet of Lot 2 of the subdivision of Lots 10 and 11 of Finley Home Addition, said strip of land to constitute a continuation of said alley; and Whereas, subsequent thereto and on the 29th day of July, 1910, the location of that portion of said al- ley extending westerly from the new southerly end of said alley, as established by the ordinance adopted on February 28, 1906, was changed and a new plat thereof was made, which plat bore No. 0712 dated July 7, 1910, the re- location of said alley being shown upon said plat and said alley, and relocated and changed, was estab- lished as and for a public alley of the City of Dubuque; and 261 Whereas, in the re -location of said alley, it was contemplated that the owners of Lots 10 and 11 Of said Finley Home A d d i t 10 n would convey to the City of Du. buque by deed Lot 1 of 2 of Lots 10 and it and Lot 1 of 1 of Lots 10 and 11, Finley Home Addition, in exchange for a deed from said City of Dubuque of Lots A and B of said Finley Home Addition; and Whereas, although said a l l e y was platted and the ordinance was adopted providing for the exchange of said parcels of real estate, the deeds therefor were never deliv. ered and, in order to make effect. ive and carry out the intention of all parties to said transaction, it is now deemed advisable that the City of Dubuque convey by quit. claim deed said Lots A and B of Finley Home Addition in exchange for deeds from the present owners of the same of Lot 1 of 1 of Lots 10 and 1.1 and Lot 1 of 2 of Lots 10 and 11, all in Finley Home Ad- dition: Now, Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that the Mayor and Clerk are hereby auth- orized and directed to execute quit- claim deeds as follows: Of Lot A of Finley Home Addition to Ange- line Hillard; and of Lot B of Fin- ley Home Addition to Carrie P. Stone in exchange for a quit -claim deed from Angeline Hillard to the City of Dubuque of Lot 1 of 2 of Lots 10 and 11, Finley Home Addi- tion, and of a quit -claim deed from Carrie P. Stone to the City of Du- buque of Lot 1 of 1 of Lots 10 and 11, Finley Home Addition. Passed, adopted and approved this 25th day of October, 1937. JOHN K. CHALMERS, Mayor. CARL A. CLARK, GEO. R. MURPHY, A. M. BENNETT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Clark. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Murphy. Nays—None. Absent—Councilman Kane. Resolution No. 125-37 Whereas, the Planning an d Zon- ing Commission of the City of Du- buque has recommended to the City Council that the Zoning Map be amended and changed in the following respects: by changing 262 Special Session, October 25th, 1937 from "Two -Family Residence Dis- trict" to "Multiple Residence Dis- trict" all of the lots, lands and par- cels of real estate lying within an area bounded on the south by the center line of West 3rd Street; on the north, by the center line of West 5th Street; on the east, by the centerline of Bluff Street; and on the west, by the center line of Birch Street; and Whereas, before said Z o n i n g Map can be thus amended and changed, It is necessary that a pub- lic hearing be held thereon: Now, Therefore, Be It Resolved by the City Coun. cil of the City of Dubuque that said recommendation be and the same is hereby approved and the Clerk is hereby directed to cause to be published in the Telegraph - Herald a notice of a public hear- ing to be held by this Council upon the proposed changes and amendments, the date of said meet- ing being hereby fixed at 4:30 o'clock p. m. on November 15, 1937, and to be held in the Council Chamber at the City Hall, said no- tice to be published at least fif- teen (15) days before the date of said meeting, at which time all parties in interest and citizens shall have an opportunity to be heard. Passed, adopted and approved this 25th day of October, 1937. JOHN K. CHALMERS, Mayor. CARL A. CLARK, GEO. R. MURPHY, A. M. BENNETT, Attest: J. J. SHEACouncilmen. City Clerk. Councilman Murphy moved the adoption of the resolution. Sec- onded by Councilman Clark. Car. ried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Murphy. Nays—None. Absent—Councilman Kane. The following decisions of the CIty Council relative to various tax petitions requesting suspension of taxes presented for Council ap. proval: Mrs. Anna Schwietering requesting suspension of the 1936 taxes on Lots 23 and 24 of High Street Sub., request denied; Sarah Koehler requesting suspension of the 1936 taxes on Und. % of N. 23% feet of S. 75 feet of Lots 1, 2 and 3 of Kiene & Blocklinger Sub., request granted; Henry Koehler requesting suspension of the 1936 taxes on Und. % of N. 23% feet of S. 75 feet of Lots 1, 2 and 3 of Kiene & Blocklinger Sub., request granted; Mrs. Katie A. Mil- ler requesting suspension of the 1936 taxes on Lots 9 and 10 of Johnston's Sub., request granted; Mrs. Walter Burke requesting sus- pension of the 1936 taxes on Lot 4 of South Avenue Addition, request granted; Bridget Casey requesting suspension of the 1936 taxes on Lot 1 of 2 of 7 of Min. Lot 79, Lot 2 of 1 of 1 of 3 of 7 of Min. Lot 79 and Lot 2 of 1 of 3 of 7 of Min. Lot 79, request granted; Frank E. Leonard requesting suspension of the 1936 taxes on Lot 5 of 2 of City Lot 720, request granted. Councilman Clark moved that the decisions of the City Council on the various tax petitions be ap- proved and that the Board of Su- pervisors be notified of the action of the City Council. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Murphy. Nays—None. Absent—Councilman Kane. Verbal report of City Solicitor Czizek recommending the settle- ment of the claim of Floyd Peck in the amount of $10.00 for injuries received by his son, Kendall 1., caused in falling from a bicycle on Eighth Avenue between Locust and Main Streets when said bi- cycle struck a depression in the street, presented. Councilman Bennett moved that the recommendation of City Solic- itor Czizek be approved and that a warrant in the amount of $10.00 be ordered drawn on the City Treasurer in favor of Floyd Peck as settlement in full of the per- sonal injury claim for his son, Ken- dall L. Peck. Seconded by Coun- cilman Murphy. Carried by the fol- lowing vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Murphy. Nays—None. Absent—Councilman Kane. Communication of Mississippi Valley Association extending invi- tation to the Mayor and members of the City Council to attend the meeting of the Mississippi Valley Association to be held in St. Louis, MO., November 22 and 23, 1937, Presented and read. Councilman Clark moved that the invitation be accepted and members of the City Council, who desire to do so, be authorized to attend. Seconded by Councilman cial Session, October 25th, 1937 Murphy. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Murphy. Nays—None. Absent—Councilman Kane. There being no further business, Councilman Bennett moved to ad- journ. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Murphy. Nays—None. Absent—Councilman Kane. J. J. SHEA, ity Clerk. Approved ..17937. Adopted)_li.�',QyYt�A�R..b'19J37. 263 Regular Session, November lst, 1937 2o3 City C in the rear, abutting their pro- Aerty, presented and read. Councilman Kane moved that the (Official) petition be referred to the City Regular Session, November 1, Council. Seconded by Councilman 1937. bIurphy. Carried by, the follow - Council met at 7:45 P. M. ing vote: Yeas—Mayor Chalmers, Council- Present—Mayor Chalmers, Coun- men Bennett, Clark, Kane, Murphy. cilmen Bennett, Clark, Kane, Mur- Nays—None. phy, City Manager Rhomberg. Petition of I. Nemerowsky and Mayor Chalmers stated that this 19 other signers objecting to the is the regular monthly meeting of granting of the petition of the Du - the City Council for the purpose buque Packing Company for the of acting upon such business as use of 17th Street as a runway for may properly come before the cattle and hogs and for the erec- meeting. tion of barriers and gates on said Councilman Bennett moved that street, presented and read. the rules be suspended for the pur- Councilman Kane moved to refer pose of allowing any one present the petition to the City Council. in the Council Chamber, who wish- Seconded by Councilman Murphy. es to do so, to address the Coun. Carried by the following vote: cil. Seconded by Councilman Yeas—Mayor Chalmers, Council - Clark. Carried by the following men Bennett, Clark, Kane, Murphy. vote: Nays—None. Yeas—Mayor Chalmers, Council. Petition of Nicholas Steichen, men Bennett, Clark, Kane, Murphy. Margaret Steichen, Bessie Render Nays—None. and Mr. and Mrs. I. Nemerowsky Petition of Wincesias Benda and Protesting and objecting to the granting of the petition of the Du - Mary Benda, by Gilloon and Glenn their attorneys, protesting and ob- buque Packing Company asking jetting to the granting of the peti- Permission to construct a railroad tion of the Dubuque Packing Com- unloading platform in Sycamore Street abutting Lots 425, 426 and pany in which they request permis- 427 in East Dubuque Addition No. cion to construct a railroad unload- 2, also to construct and operate ing platform in Sycamore Street gates to be erected on East 17th abutting Lots 425, 426 and 427 in Street so as to form a continu- East Dubuque Addition No. 2 also ation of the East and West lines for permission to construct and op of the alley between Sycamore erate gates to be erected on East Street and Cedar Street and fur- 17th Street so as to form a con- ther objecting and protesting to tinuation of the East and West the granting of the petition of the lines of the alley between Syca- Dubuque Packing Company request. more Street and Cedar Street and ing the vacation of the easterly further protesting and objecting to 25 feet of Cedar Street from East the granting of the petition of the 16th Street to East 17th Street and Dubuque Packing Company request- vacated portion of ing the vacation of the easterly to convey such street to the said Dubuque 25 feet of Cedar Street from East said Packing Company, presented and 16th Street to East 17th Street and to convey such vacated portion of ad. read.K Walter Koerner ad said street to said Dubuque Pack- dressed the Council behalf o. ing Company, presented and read. addressed the petition of Nicholas Steichen, Bessie Render Attorney F. D. Gilloon the Council on behalf of the peti- Margaret Steichen, and Mr. and Mrs. I. Nemerowsky. - tion of Winceslas and Mary Benda. to re- Councilman Kane moved to re City Coun- Councilman Kane moved fer the to the City Coun. fer the petition to the Seconded by Co ncil'f n - petition Seconded by Councilman Mur, cil•. llowian thecil. phv Carried by phy. Carried by the following vote: Chalmers, Cou;iur vote: Yeas—Mayor Chalmers, Council- Yeas Mayor men Bennett, Clark, Kane, men Bennett, Clark, Kane, Murphy. phy. Nave—None.Nays—None. Marshal Boiler of C. W. Patch et 1lot n Petition of Works, by H. E. Marshall and by Petition nesting that Rush street, Street lie re" Jackson M. Marshall objecting le of the tain Lane and Villa that the bad dln at the granting of the petition Company paired, also 1 are end of mountain Dubuque Packing which they request the privilege the north som, he eli �- of erecting gates and other bar- the alley thing hPndorie of�laapermanvn. riers on 17th Street and 266 Regular Session, November 1st, 1937 ture to protect the retaining wall east of Villa Street between Rush Street and Cleveland Avenue and also that the Interstate Power Company be notified to continue to travel over the same route as in the past when repairs to above mentioned streets have been made, presented and read. Mr. Treanor et al addressed the Council requesting that the prayer of their petition be granted. Councilman Bennett moved that the petition be referred to the City Manager with authority to make the necessary repairs. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Mr. Nick Grommersch addressed the Council making inquiry as to when West 28th Street will be re- paired and also making inquiry as to the opening of Sabula Street. City Manager Rhombeig Inform- ing Mr. Grommersch that the City Council have made a decision as to the request for repairing West 28th Street and that in the matter of opening Sabula Street that he would have a conference with the property owners. Mr. Milton Kalmes addressed the Council requesting permission to erect a canopy in front of the build- ing located at 1085 Julien Avenue, said canopy to extend over the sidewalk for a distance of about five inches. Councilman Murphy moved that the request be granted, the canopy to be erected under the super- vision of the Building Commission- er and that the City Solicitor be instructed to prepare the proper proceedings covering the erection of said canopy. Seconded by Coun- cilman Clark. Carried by the fol- lowing vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Petition of Donald Morris sub- mitting claim in the amount of $76.38 for damages sustained to his airplane caused in making a land- ing at the Municipal Airport, pre- sented and read. Councilman Bennett moved to re- fer the claim to the City Solicitor. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. NaYs—Non c. Resolution No. 120-37 Resolution and application for authority to transfer $5,500.00 from the Water Works Operation Fund of the City of Dubuque to the Dock Fund. Whereas, there exists in the City of Dubuque a Board of Dock Com- missioners which has jurisdiction and control of dock property, in- cluding the harbor and waterfronts of said City; and Whereas, for several years the harbor has been filling up with silt and mud so that it has become use- less for the harboring of water craft and other purposes incident to the proper operation of the docks; and Whereas, in order to clean out and dredge said harbor and to make other improvements related to the operation of the docks at Dubuque, the City of Dubuque pur- chased and caused to be built a dredge at a cost of approximately $30,000.00, which dredge is now ready for use and operation; and Whereas, competent engineers have determined that to dredge the harbor and make certain other contemplated improvements, it will require several months of opera- tion, such work to continue until the river and harbor becomes froz- en over with ice; and Whereas, the purchase of the dredge and the doing of the work herein described was not contem- plated when taxes were levied in the year 1936, and as a result no taxes, were levied for the Dock Fund and the income from the operation of the docks is wholly insufficient to pay the expenses now required to be paid for such Purpose; and Whereas, it is now evident that unless funds are made available by transfer from the Water Works Operation Fund to the Dock Fund, it will be impossible to do the work for which said dredge was acquired and the investment of the City in said equipment will be jeopardized as there are no other funds available which might be used for such purpose; and Whereas, there is now in the Water Works Operation Fund of said City the sum of $49,810.01, which, together with current reven- ues to be received will be more than sufficient to pay the expenses Of the operation of the Water Works so that a transfer of $5,540.00 to the Dock Fund can be made at this time without inter- fering with the operation of said Water Works, said sum, however, to be repaid to said Water Works Operation Fund on or before No - ,*°ember 30, 1938; and Whereas, before any transfer can be made from the Water Works Operation Fund to the Dock Fund, an application must be made to the ity app thei cil sub Cor. her Wo of sail wh Cit tro the be Op Fu 19. Regular Session, NovetnVer 1st, 1937 267 the State Comptroller for author- ager instruct 'the 'Interstate Power ity to make the transfer and his Company, of the action of the City approval secured thereon: Now, Council. Seconded by Councilman therefore, Murphy. Carried by the following Be it resolved by the City Coun- vote: cil of the City of Dubuque that, Yeas—Mayor Chalmers, Council - subject to the approval of the State men Bennett, Clark, Kane, Murphy. Comptroller, there be and there is Nays—None. hereby transferred from the Water petition of Licorice Products Works Operation Fund of the City Company requesting that the alley of Dubuque to the Dock Fund of in the rear of their factory be City the sum of $5,500.00 said made level in order to eliminate which is now in the hands of the the difficulty they encounter in the City Treasurer and the State Comp- emptying of tank cars, presented troller is hereby petitioned to au- and read. thorize such transfer, said sum to Councilman Kane moved to refer be returned to the Water Works the petition to the City Manager Dock Operation Fund from the for investigation and report. Sec - Fund on or before November 30, onded by Councilman Murphy. Car - 1938. Be it further resolved that when ried by the, following vote: yeas—Mayor Chalmers, Council - such approval has been received men Bennett, Clark, Kane, Murphy. from said State Comptroller that Nays—None. the Auditor and Treasurer correct petition of Michael Schnee re - their books accordingly. questing refunds on penalty and in - Passed, adopted and approved terest charges paid on delinquent this 25th day of October, 1937. special assessments, Funds No. 553 JOHN K. CHALMERS, and No. 831, and also requesting Mayor. permission to redeem the tax sale A. M. BENNETT, certificate held by the City of Du - CARL A. CLARK, buque against Lot 20 of McCran- GEO. R. MURPHY, ey's 1st Addition upon the payment Councilmen. of the principal less penalties and Attest: J. J. SHEA, City Clerk. interest, presented and read. Kane moved that the APPROVAL Councilman request be granted and that a war $111.24 be The foregoing resolution and transfer of funds be rant in the amount of drawn on the Special Bond - petition for and the same is hereby approved ordered ed Fund in favor of Michael Schnee refunds this 29th day of October, 1937. to cover the amounts of Fund No. 553 in the C. B. MURTAGH, State Comptroller. granted: amount of $42.75; Fund No. 831 also Councilman Bennett moved that in the amount of $68.49; and that Michael Schnee be allowed to the approval of State Comptroller redeem the to salecertificateheld Murtagh be made a matter of rec- by of the CityphI. ord. Seconded by Councilman Mur- Carried bythe f ChalmerslollowCouncng il- upon the payment of the facevalue 5% interest men Bennett, Clark, Kane, Murphy. of the certificate plus per annum, the balance of inter. Nays—None. J, Communication of George est and penalties to be waived, irer to be m Roepsch tendering his resignation Playground and the accordingly. Seconded by Carried by as a member of the and Recreation Commission, pre- Councilman Bennett. the following vote: Council - sented and read. Councilman Bennett moved that Yeas—Mayor Chalmers, men Bennett, Clark, Kane, Murphy. the resignation be accepted. Car_ by Councilman Murphy. Nays—None. of Edwin C. Kue le re- onded ried by the following vote: Council petition esting refunds on penalty on delinquent Yeas—Mayor Chand lmers, Clark, Kane',. Murphy. inters charges paid Funds and o. 03, men Bennett, Nays—None. re- special assessments, 897 918, No. 813, d °read. Petition of Anthony Puccio Council to re 900 C esented an the 900. P' ane questing the City the Interstate Power Com Councilmarant d andvthathatwar- request be $61.64 be quire pany to extend electrical service 2eadi{eokuk rant in drawn on the Special Bond, n of to his home located at and r ordered r favor off Edwin C Fund of Street, presented Councilman Bennett moved that Company be ed Kuehnle to cover the amounts Fund N°• 903 Lot the Interstate Power instructed to render the service e a Canted: refunds granted: of 29 of Ann O'Hare's 2 of 2 of requested and that the City 268 Regular Session, November 1st, 1937 Sub. in the amount of $7.37; Fund No. 918 Lot 2 of 2 of 1 of 29 of O'Hare's Sub. in the amount of $12.95; Fund No. 813 Lot 35 O'- Neill's Riverview in the amount of $10.41; Fund No. 897 Lot 17 of Quigley's Sub. of Lot 709 in the amount of $13.04; Fund No. 900 Lot 17 of Quigley's Sub. of Lot 709 in the amount of $17.87. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Petition of Joseph A. Enzler re- questing refunds on penalty and in- terest charges, paid on delinquent special assessments, Fund No. 662, presented and read. Couucilman Clark moved that the request be granted and that a warrant in the amount of $38.35 be ordered drawn on the Special Bonded Fund in favor of Joseph A. Enzler to cover the amounts of refunds granted: Fund No. 662 Lot 5 Sub. 128 of Finley Add., in the amount of $11.74; Fund No. 662 Lot 6 Sub. 128 of Finley Add. in the amount of $9.98; Fund No. 662 Lot 7 Sub. 128 of Finley Add. in the amount of $7.90; Fund No. 662 Lot 1 Sub. 8 of 128 of Finley Add. In the amount of $8.73. Seconded by Councilman Bennett. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Petition of Joseph J. Weber et al requesting the City Council to take immediate steps to have the streets Properly and adequately marked and also that the houses be fully and completely numbered, present- ed and read. Councilman Bennett moved to re- fer the petition to the City Man. ager for a survey and report. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Petition of Mrs. Fred Marquard, referred to the City Council by the Board of Supervisors, requesting suspension of the 1936 taxes on Lot 9 of 1 of Min. Lot 68, presented and read. Councilman Bennett moved to re- fer the petition to the City Solicitor for investigation and report. Sec- onded by Councilman Murphy. Car. ried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—Nore. Petition of Geo. J. Hendricks, re- ferred to the City Council by the Board of Supervisors, requesting suspension of the 1936 taxes on Lot 1 of 1 of 1 of & % of Lot 40 of Kelly's Sub., Und. 1-5 of E. 9 feet of 2 of 1 of E. % of Lot 40 of Kelly's Sub., Und. 1-5 of E. 9 feet of W. 29 feet of 2 of 1 of E. 1/2 of Lot 41 of Kelly's Sub., Und. 1-5 of N. 9 feet of E. 100 feet of 2 of 1 of E. % of Lot 41 of Kelly's Sub., presented and read. Councilman Bennett moved to re- fer the petitionto the City Solic- itor for investigation and report. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Petition of Frank Kressig, refer- red to the City Council by the Board of Supervisors, requesting suspension of the 1936 taxes on Lot 76 of Pleasant View Addition, pre- sented and read. Councilman Bennett moved to re- fer the petition to the City Solic- itor for investigation and report. Seconded by Councilman Murphy. Carried by the. following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. October 28th, 1937. Honorable Mayor and City Council. Gentlemen: With regard to at- tached petition of Mr. M. J. O'Brien et al referred to the Planning and Zoning Commission by City Coun- cil Sept. 10th, the Planning and Zoning Commission recommends to Your body that said petition be re- jected. As a point of principle, the Plan- ning and Zoning Commission ob- jects to the encroachment of busi- ness onto Church property and Church activities. You will note attached letter signed by Rev. John. Halpin, pastor Of St. Colunlbkille's Church re- questing removal of his name from the petition, and stating that he does not favor the rezoning re- quested, having signed the petition originally under a misunderstand- ing of the situation. Respectfully submitted, Dubuque Planning and Zoning Commission. R. V. McKay, Secretary. Councilman Kane, moved that the recommendation of Dubuque Plan- ning and Zoning Commission be re- ceived and filed. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Councilman Bennett moved that the City Solicitor be instructed to pre the of Un ily Bu Co tI1( .am Regular Session, November 1st, 1937 269 prepare the proper proceedings for the re -zoning of the South 40 feet of the Sub. of Lot 81 and 82 of Union Addition from a. Single-fam- ily REeidence District to a Local Business District. Seconded by Councilman Murphy. Carried by the following vote: Yeas — Councilmen. Bennett, Clark, Kane, Murphy. Nays—Mayor Chalmers. November 1, 1937. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: As you no doubt know, it has been the practice of the Water Company to charge the Park Board for water used in Madi- son Park, Eagle Point Park, the Tourist Park and at the green- houses and office at 2241 Lincoln Avenue, the other park properties never having been charged for wa- ter at any time. The Park Board is faced with considerable additional expense because of improvements having been made, particularly at Eagle Point. Inasmuch as the Park Board is operating on a reduced budget compared to that of some years back, I recommend that the Park Board be allowed the use of $400.00 worth of water per year, without cost, and any used in ex- cess of this amount be charged to them, thus insuring that wasteful methods will be discourages expense Because of the heavy incurred by the Park Board dur- ing the current year, I recommend that the outstanding water bills against the Park be cancelled. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Kane moved that the recommendation of City Man- ager Rhomberg be approved. Sec- onded by Councilman Clark. Car- ried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nava—None. and recommend that an ordinance be drawn up to provide for a. spe- cial speed limit of 35 miles per hour on Highway No. 61 from the south corporation line to the south ,in of Lot 2 of J. C. Scully's Sub. for the reason that this section of the he highway has but one hotyse erected along it. In my opinion none of the other arterial entrances into the City of Dubuque should be changed from the present 25 mile per hour resi- dential district speed limit. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Kane moved that the recommendation of City Alan - ager Rhomberg be approved and the City Solicitor to be instructed to prepare the proper ordinance. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. November 1, 1937. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the session of the City Council held September 7, 1937, it was decided that the City Council view the proposed exten- sion of Abbott Street from Lowell Street to Seminary Street. The Council did so view the grounds on October 30th and it was their opinion that conditions did not warrant such expense and that the petition be denied. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Bennett moved that the decision of the City Council be approved. Seconded Carrin cil- Murphy. Carried by thefol- man lowing vote: Yeas—Mayor Chalmers,Council- men Bennett, Clark, Kane, Murphy. Nays—None. November 1, 1937. To the Honorable Mayor and City Council, Dubuque, I Gentlemen: At the meeting held September 7, 1937, the communica- tion of the Board of Education re- questing the extension Of Avoca to Street from Seminary Street Kaufmann Avenue was referred to the City Council to view the grounds. The City d Council viewed the grounds on October 30, 1937, and decided that the expense of such improvement would be large con" loreHi htSchoolapupi s that would November 1, la To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the session of the City Council held October 25, 1937, the communication Iowa State Highway Commission with reference to the establish- ment of special speed limit dis- tricts at the entrance of the ar- terial s into Of Dubuqueg wast' h referred t d city for investigation and report. I have examined all the arterial highway entrances into the City 270 --- - - Regular Session, November 1st, 1937_ be directly benefitted and that the petition therefore be denied. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Bennett moved that the decision of the City Council be approved. Seconded by Council- man Murphy. Carried by the fol- lowing vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Resolution No. 126-37 Be It Resolved by the City Coun- cil of the City of Dubuque that the following, h a v i n g complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a per- mit to sell cigarettes and cigar- ette papers within said City, and the Manager is directed to issue such permit on behalf of said City. Name. Address. Hartig Drug Co., Inc. (Transfer of address from 2510 Central Ave- nue), 2376 Central Avenue. Be It Further Resolved that the bond filed with the application be approved. Passed, adopted and approved this 1st day of November, 1937. JOHN K. CHALMERS, Mayor. CARL A. CLARK, M. R. KANE, GEO. R. MURPHY, A. M. BENNETT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Clark moved the adoption of the resolution. Sec- onded by Councilman Bennett. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bepnett,'Clstrk, Kane, Murphy. Nays -None. Resolution No. 127-37 Whereas, this Council, on the 5th day of August, 1937, caused to be issued a Class "B" Beer Per- mit bearing the Number 117 to Louis Chase, operating a tavern at 1046 Central Avenue in the City of Dubuque; and Whereas, it has come to the at. tention of this Council that the owner and holder of said permit has conducted his place of busi- ness 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. 117, heretofore issued to Louis Chase, 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 cancellation. Passed, adopted and approved this 1st day of November, 1937. JOHN K. CHALMERS, Mayor. CARL A. CLARK, M. R. KANE, GEO. R. MURPHY, A. M. BENNETT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kane moved the adoption of the resolution. Sec- onded by Councilman Bennett. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Resolution No. 128-37 Resolution and application for authority to transfer the sum of $18,000.00 from the Emergency Fund to the Garbage and Street Cleaning Fund of the City of Du- buque. Whereas, in the year 1936, the sum of $16,499.00 was certified by the City Clerk of the City of Du- buque as the tax levy for the Gar- bage and Street Cleaning Fund to be expended during the fiscal year, 1937-38, which sum was the max- imum amount authorized by sta- tute for such fund; and Whereas, the total amount of the tax levy for the Garbage and Street Cleaning Fund, to -wit, $16,499.00, is needed for street cleaning purposes and there will be no money available in such fund to pay the contract for gar- bage collection, which contract amounts to $18,000.00 annually; and Whereas, in order to pay such sum of $18,000.00 for garbage col- lection, it was proposed to trans- fer from the Consolidated Fund to the Garbage and Street Cleaning Fund during the fiscal year, 1937- 38, said sum of $18,.000.00; and Whereas, there has been repaid to the Bonded Sinking Fund from the Consolidated Fund the sum of $19,112.35, being the balance due such Bonded Sinking Fund on ac- count of a transfer heretofore made therefrom to the Consol- idated Fund and because of such payment, there is not sufficient money in the Consolidated Fund to permit a transfer therefrom to the Garbage and Street Cleaning Regular Session, November 1st, 1937 Fund of said sum of $18,000.00 or any other amount; and Whereas, there is now in the hands of the City Treasurer and credited to the Emergency Fund the sum of $23,583.79; and Whereas, the garbage contract obligates the City of Dubuque to pay the sum. of $1,500.00 monthly for the collection of garbage and dead animals and if the requested transfer is not authorized, said City will default in the making of such payments; and Whereas, there is no other fund from which such obligation can be Maid; and Whereas, before any transfer can be made from the Emergency Fund to the Garbage and Street Clean- ing 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 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 Emergency Fund of the City of Dubuque to the Garbage and Street Cleaning Fund of said City the sum of $18,000.00, which is now in the hands of the City Treasurer, and the State Comptroller is here- by petitioned to authorize such transfer. Be it further resolved that when such approval has been received from said State Comptroller that the Auditor and Treasurer correct their books accordingly. Passed, adopted and approved this 1st day of November, 1937. JOHN K. CHALMERS, Mayor. CARL A. CLARK, M. R. KANE, GEO. R. MURPHY, A. M. BENNETT, Councilmen. Attest: J. J. SHEA, City Clerk. APPROVAL. The foregoing resolution and petition for transfer of funds be and the same is hereby approved this................day of November, 1937. ......................................... I... State Comptroller. Councilman Bennett moved the adoption of the resolution. Sec- onded by Councilman Clark. Car• ried by the following vote: Yeas—Mayor Chalmers, Council' men Bennett, Clark, Kane, Murphy Nays—None. 271 Verbal. report of City Solicitor C z i z e k recommending that the Quit Claim Deed of Carrie P. Stone to the City of Dubuque of .Lot 1 of Lot 1 of Lots 10 and 11 of Finley Home Addition, and also the Quit Claim Deed of Angelina Hillard and Leo Hillard of Lot 1 of Lot 2 of Lots 10 and 11 of Finley Home Addition be accepted and recorded with the County Recorder. Councilman Clerk moved that the recommendation of City Solic- itor Czizek be approved and that the Deeds be recorded with the County Recorder. Seconded by Councilman Bennett. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Councilman Murphy moved that the request of Frank Kressig for suspension of the 1936 taxes on Lot 76 of Pleasant View Addition be granted and the Board of Super- visors to be notified of the action of the City Council. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. There being no further business, Councilman Kane moved to ad- journ. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. J. J. SHEA, City Clprk. Anw Approved...1938. Adopted QW, Councilmen Attest (1 City Clerk. 272 Special Session, November 15th, 1937 City Council (Official) Special Session, November 15th, 1937. Council met at 5:05 P. M. Present—Mayor Chalmers, Coun- cilmen Bennett, Clark, Kane, Mur. phy, City Manager. Rhomberg. Meeting called by order of May- or Chalmers and Councilman Kane. Mayor Chalmers read the call and stated that service thereof had been duly made and that this meet- ing is called for the purpose of conducting a public hearing upon a proposal to amend and change the 'Zoning Map as the same ap- plies to certain districts provided for therein as follows: By changing from "Two -Family Residence District" to "Multiple Residence District" all of the lots, lands and parcels of real estate ly- ing within the area bounded on the south by the center line of West 3rd Street; on the north by the center line of West 5th Street; on the east by the center line of Bluff Street; and on the west by the center of Burch Street; and acting on any other business as may prop- erly come 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 held upon a proposal to amend and change the Zoning Map by changing from "Two -Family Residence District" to "Multiple Residence District" all of the lots, lands and parcels of real estate lying within the area bounded on the south by the cen- ter line of West 3rd Street; on the north by the center line of West 5th Street; on the east by the cen- ter line of Bluff Street; and on the west by the center line of Burch Street, presented and read. There being no objections filed, Councilman Murphy moved that the proof of publication be re- ceived and filed. Seconded by Councilman Clark. Carried by the following vote: Peas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Councilman Bennett moved that City Solicitor Czizek be instructed to prepare the proper ordinance to amend and change the Zoning Map by changing from "Two -Family Residence District" to "Multiple Residence District" all of the lots, lands and parcels of real estate ly- ing within the area bounded on the south by the center line of West 3rd Street; on the north by the center line of West 5th Street; on the east by the center line of Bluff Street; and on the west by the center line of Burch Street. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Resolution No. 128-37 Resolution and application for authority to transfer the sum of $18,000.00 from the Emergency Fund to the Garbage and Street Cleaning Fund of the City of Du- buque. Whereas, in the year 1936, the sum of $16,499.00 was certified by the City Council of the City of Du- buque as the tax levy for the Gar- bage and Street Cleaning Fund to be expended during the fiscal year, 1937-38, which sum was the max- imum amount authorized by sta- tute for such fund; and Whereas, the total amount of the tax levy for the Garbage and Street Cleaning Fund, to -wit, $16,499.00, is needed for street cleaning purposes and there will be no money available in such fund to pay the contract for garbage collection, which contract amounts to $18,000.00 annually; and Whereas, in order to pay such sum of $18,000.00 for garbage col- lection, it was proposed to transfer from the Consolidated Fund to the Garbage and Street Cleaning Fund during the fiscal year, 1937-38, said sum of $18,000.00; and Whereas, there has been repaid to the Bonded Sinking Fund from the Consolidated Fund the sum of $19,112.35, being the balance due such Bonded Sinking Fund on ac- count of a transfer heretofore made therefrom to the Consol- idated Fund and because of such payment, there is not sufficient money in the Consolidated Fund to Permit a transfer therefrom to the Garbage and Street Cleaning Fund of said sum of $18,000.00 or any other amount; -and Whereas, there is now in the hands of the City Treasurer and credited to the Emergency Fund the sum of $23,583.79; and Whereas, the garbage contract obligates the City of Dubuque to pay the sum of $1,500.00 monthly for the collection of garbage and dead animals, and if the requested transfer is not authorized, said Cit; Sue fro. Pal ho Special Session, November lith, 1937 2731 City will default in the making of such payments; and «'hereas, there is no other fund from which such obligation can be paid; and Whereas, before any transfer can be made from the Emergency Fund to the Garbage and Street Clean- ing 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 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 Emer- gency Fund of the City of Dubuque to the Garbage and Street Clean- ing Fund of said City the sum of $18,000.00, which is now in the hands of the City Treasurer, and the State Comptroller is hereby petitioned to authorize such trans. fer. Be It Further Resolved that when such approval has been re- ceived from said State Comptroller that the Auditor and Treasurer correct their books agcordingly. Passed, adopted and approved this 1st d mber, 1937. JOHN K of eCHALMERS, Mayor. CARL A. CLARK, M. R. KANE, GEO. R. MURPHY, A. M. BENNETT, Councilmen. Attest: J. J. SHEA, City Clerk. APPROVAL. The foregoing resolution and petition for transfer of funds be and the same is hereby approved this 2nd day of November, 1937. C. B. MURTAGH, State Comptroller. Councilman Bennett moved that the approval of State Comptroller Murtagh of Resolution No. 128-37 be made a matter of record. Sec. onded by CouncilmanKane.Car- ried by the following Council- men Chalmers, men Bennett, Clark, Kane, Murphy. Nays—None. Notice of claim of Lucile Me- Aloon in the sum of $1,000.00 for injuries sustained and received as the result of a fall upon the side- walk id walk on the easterly side of Mai Street, between Fourth and Fifth Streets, directly in front of an adjacent to the entrance of the premises known and described scribedan 498 Main Street, presented read. Councilman Murphy moved to re- fer the notice of claim to the City Solicitor. Seconded by Counciltnan Clark. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Notice of Foreclosure of Mort- gage of Mary Weber Frehlich, Plaintiff, vs. Philip Erschens, Su- sana Erschens, City of Dubuque, et al, Defendants, presented and read. Councilman Bennett moved to refer the Notice of Foreclosure to the City Solicitor. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Notice of Claim of John Schoe- berl in the amount of $128.40 for injuries sustained in falling at the intersection of Eighth Avenue and Main Street, said fall resulting from the operation of the street - flusher causing water to fall upon said street and ice to form from said water, presented and read. Councilman Bennett moved to refer the notice of claim to the City Solicitor. Seconded by Carried by Coun- cilman Murphy. the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Petition of Leo Schwind Post, Veterans of Foreign Wars; request- ing Permission for the sponsoring of a series of dances to be held once a week for a Period of 15 weeks without having otPRY an for at the services of a Picem these dances as the veterans them- selves will maintain their own Pol- ice patrol, presented and read. Councilman Clark moved that the request be granted. Seconded by Councilman Bennett. Carried by the following vote- Yeas—Mayor Chalmers, uncil- men Bennett, Clark, Kane, Murphy. Nays—None. Petition of The Salvation Army requesting permission to use a small Christmas house on the side- walks instead of the old tripod for Christmas kettles; the houses will e be used on the streets from De- Main cember 1st to December 25th, pre- sented and read. d Councilman Bennett moved Secondedthat the request be granted. s by Councilman Clark. Carried by d the follo«'ing vote: Council- Teas—dMayor Chalmers. 274 Special Session, November 15th, 1937 men Bennett, Clark, Kane, Murphy. Nays—None. Petition of Barnsdali Refining Corporation submitting application for a Kermit to continue using the flood light pole installed at their service station located at Grand- view Avenue and Delhi Street, pre. sented and read. Councilman Bennett moved that the request be granted with the provision that a Public Liability Bond in the amount of $1,000.00 be furnished to the City of Dubuque covering liability on the erection of said flood light pole. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Petition of Retail Merchants Bu- reau requesting permission for the holding of a Santa Claus parade on Saturday, November 27th, and that two motorcycle policemen escort the parade and as many other policemen as are necessary to guard the parade at the various street intersections, and also that all parking be eliminated on Main Street from early in the morning until after the parade is over, and that the streets be roped off, also that a portion of Seventh Street between Locust and Bluff Streets be blocked off for the location of a cabin to house Santa Claus and that two policemen be stationed at the cabin to help control crowds, also requesting that the City as- sume the cost of current for the loud speaker which will be placed on top of the Roshek Building and that one city electrician be pro- vided to place a fuse block con- nection at or near the location of the cabin at Washington Park and also requesting permission for the erection of Christmas lighting decorations at the intersections on Main Street from 4th to 10th Streets, inclusive, and on Eighth Avenue from Iowa to Bluff Streets, Inclusive, and that the City as- sume the cost of current for the extra lights to be placed in the business district from November 25th to January 1st, presented and read. Councilman Kane moved that the requests be granted with the E}provision that a Public Liability be furnished covering the liability on the erection of said Christmas lighting decorations on the public streets. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Petition of John J. Rettenmaier, Administrator of the Estate of Geo. Rettenmaier, requesting a re- fund on penalty and i n t e r e s t charges paid on delinquent special assessments levied against the South 7 feet of Lot 10 and all of Lots 12 and 14 of Wick's Addition, Fund No. 880, presented and read. Councilman Kane moved that the request be granted and that a warrant in the amount of $76.25 be ordered drawn on the Special Bonded Fund, Fund No. 880, in fa- vor of John J. Rettenmaier, Ad- ministrator of the Estate of Geo. Rettenmaier, to cover the amount of refund granted. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—Nona. Petition of W. C. Folsom et al., residents of Asbury Road and em- ployees of St. Joseph's Sanitarium, requesting that the Interstate Power Company extend the bus route and service along Asbury Road to the Sanitarium, presented and read. Councilman Murphy moved that the petition be received and filed. Seconded by Councilman Kane. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Petition of Frank Seeley, re- ferred to the City Council by the Board of Supervisors, requesting the suspension of the 1936 taxes on Lots 11 and 12 of Block 5 of Grandview Park Addition, pre- sented and read. Councilman Bennett moved to re- fer the petition to the City Solic- itor for investigation and report. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Petition of Wm.. Canfield, Sr., re- questing permission to erect a can- opy over the hotel entrance at the southwest corner of 4th and Cen- tral Avenue, presented and read. Councilman Clark m o v e d that the request be granted and the City Solicitor to be instructed to prepare the proper ordinance cov- ering the erection of said canopy. Seconded by Councilman Kane. Carried by the following vote: Yeas—Mayor Chalmers, Council- Special Session, November 15th, 1937 275 men Bennett, Clark; Kane, Murphy. Nays—None. Petition of Wm. and Eliz. Rauch requesting the City to prepare the alley adjacent to Lots 11 and 12 in Stewart's Addition in order that they have a driveway into their garage, presented and read. Councilman Kane moved to refer the petition to the City Manager for investigation and report. Sec- onded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. C o u n c i l Proceedings for the month of September, 1937, pre- sented for approval. Councilman Bennett moved that the Council Proceedings for the month of September, 1937, be ap- proved as printed. Seconded by Councilman Kane. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Communication of Carl Grabow, Recreational Director, recommend- ing that an examination be made of the grandstand and bleachers at the Athletic Field in order that proper repairs be completed before the Athletic Field is again opened to the public in the spring, pre- sented and read. Councilman Murphy moved to refer the petition to the City Coun- cil for consideration at the time of making the appropriations for the ensuing year. Seconded by Coun- cilman Clark. Carried by the fol- lowing vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. November 8, 1937. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I am submitting herewith reports of the City Aud- itor, City Treasurer and City Water Department for the month of October, 1937, also list of claims and list of payrolls for which war- rants were drawn during the month of October, 1937. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Bennett moved that the reports be received and placed on file. Seconded by Councilman Clark. Carried by the following vote: Teas—Mayor Chalmers. Council- men Bennett, Clark, Kane, 9lurphy. Nays—None. November 15, 1937. 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: EXCAVATION. Seubert & Fesler, 1603 Central Avenue; Bond No. 137284, Com- mercial Casualty Insurance Co. SIGNS. Buechele Jewelry Shop, 1042 :Main St.; Policy No. PL43159, Bi- tuminous Casualty Corporation. R. J. Quinlan and Mrs. Margaret Quinlan, llth and White Streets; Policy No. MPL 1168, The Shelby Mutual Plate Glass and Casualty Co. Triangle Cafe, 926 Main Street; Policy No. OLT 20077, Bituminous Casualty Corporation. Taylor -Yonkers Company, N. W. Cor. 4th and Iowa Streets; Policy No. I.C.&M. 1746515, Continental Casualty Company. Beatrice Creamery Company -- Signs at following locations: Len Steiner, 2195 Delhi Street; Wm. Wagner, 1501 Rhomberg Avenue; Wm. Trimpler, 1585 Delhi Street. Policy No. G. 8225631, Zurich Gen- eral Accident and Liability insur- ance Co. A. H. & A. C. Ruprecht, 1423-27 Central Avenue; Policy No. OPW 269, Central Surety and Insurance Corporation. John A. Armstrong (Army's Re- creation), 398 Main Street; Policy No. IGB 3579, Standard Accident Insurance Company. Kies & Butler, 972 Main Street; Fidelity and Deposit Company of Maryland. Dubuque Leather and Finding Co., 133 West 7th Street. Mer- chants Mutual Bonding Co. Bond No. 155F5. Gust Billis, 597 Main Street; Western Surety Company. Premier Pabst Sales Company. Sign at following location: Greg- ory's Tavern, ll(i5 Julien Avenue. I Policy No. OLT 5256, Fireman'r. I Fund Indemnity Company. Dubuque ImPlement Company, zp7 Main Street; Policy No. -,J K -K , merican Surety Company of New York. Miss '_clary Callaghan, 2bU Main Street; Policy No. CLI 2536, Co- lumbia Casualty Company. Respectfully submitted, A. A. RHOMBERG, City _Maaa[e!. 276 Special Session, November 15th, 1937 Councilman Bennett moved that the bonds and policies be approved and placed on file. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Resolution No. 129-37 Be it resolved by the City Coun- cil of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a per- mit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City. 1 Kermit Meyers, 714 Main Street. Be it further resolved that the bond filed with the application be approved. Passed, adopted and approved this 15th day of November, 1937. JOHN K. CHALMERS, Mayor. CARL A. CLARK, M. R. KANE, GEO. R. MURPHY, A. M. BENNETT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kane moved the ad- option of the resolution. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Resolution No. 130-37 Whereas, applications for Class "B" Beer Permits have been sub- mitted to this Council for approval and the same have been examined: Now, therefore, Be it resolved by the Council of the City of Dubuque that the fol- lowing applications be and the same are hereby approved and it is ordered that the premises to be occupied by such applicant shall be forthwith inspected. CLASS "B" PERMIT Fred Herber and Ray Nicks, 521 East 22nd Street. George Hail, 1766 Central Aven- ue. Howard B. Brownell, 198 Main Street. Milton J. Kalmas, 1085 Julien Avenue. Joe Grail', 1046 Central Avenue. Wm. Canfield, Jr., S. W. Cor. 4th and Central Avenue. Passed, adopted and approved this 15th day of November, 1937. JOHN K. CHALMERS, Mayor. CARL A. CLARK, M. R. KANE, GEO. R. MURPHY, A. M. BENNETT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Clark moved the ad- option of the resolution. Seconded by Councilman Bennett. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Resolution No. 131-37 Whereas, heretofore applications were filed by the within named applicants for Class "B" Beer Per- mits and they received the approv- al 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, 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 persons a Beer Permit: CLASS "B" PERMIT Fred Herber and Ray Nicks, (New), 521 East 22nd Street. George Hail, (New), 1766 Cen- tral Avenue. Howard D. Brownell,, (New), 198 Main Street. Milton J. Kalmas, (New),, 1085 Julien Avenue. Joe Graff, (New), 1046 Central Avenue. Wm. Canfield, Jr., (New), S. W. Cor. 4th and Central. Morris Blum, (Renewal), 700 E. 16th Street. Arthur Norton, (Transfer of ad- dress from 342 Main St.), 336 Main Street. Mrs. Mary Berwick, (Transfer of address from 4010 Iowa St), 265 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 15th day of November, 1937. JOHN K. CHALMERS, Mayor. CARL A. CLARK, M. R. KANE, GEO. R. MURPHY, A. M. BENNETT,, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Clark moved the ad- option of the resolution. Seconded Special Session, November 15th, 1937 277 by Councilman Bennett. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Bane, Murphy. Nays—None. Resolution No. 132-37 Whereas, this Council, on the 1st day of July, 1937, caused to be is- sued a Class "B" Beer Permit bear- ing the Number 77 to Charles Pe- trakis, operating a tavern at 1958 Central Avenue in the City of Du- buque; and Whereas, it has come to the at- tention of this Council that the owner and holder of said permit has conducted his place of business in a disorderly manner and other- wise in violation of law: Now, therefore, Be it resolved by the City Coun- cil of the City of Dubuque that Class "B" Beer Permit No. 77, heretofore issued to Charles Pe- trakis, 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 cancellation. Passed, adopted and approved this 15th day of November, 1937. JOHN K. CHALMERS, Mayor. CARL A. CLARK, M. R. KANE, GEO. R. MURPHY, A. M. BENNETT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kane moved the ad- option of the resolution. Second- ed by Councilman Clark. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Resolution No. 133-37 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 following respects: by chang- ing from Single -Family Residence District" to "Local Business Dis- trict" the south 40 feet of Lots 81 and 82 of Union Addition to, the City of Dubuque; and Whereas, before said Zoning Map may be thus amended and changed, it is necessary that a public hear- ing be held thereon: Now, there- fore, Be it resolved by the City Coun- cil of the City of Dubuque that the Clerk be and he is hereby directed to cause to be published in the Telegraph -Herald a notice of a pub- lic hearing to be hield by thas Council upon the proposed chang- es and amendments, the date of said meeting being hereby fixed at 7:30 o'clock P. M. December 6th, 1937, and to be held in the Coun. cil Chamber at the City Hall, said notice to be published at least fif. teen (15) days before the date of said meeting, at which time all par- ties in interest and citizens shall have an opportunity to be heard. Passed, adopted and approved this 15th day of November, 1937. JOHN K. CHALMERS, Mayor. CARL A. CLARK, M. R. KANE, GEO. R. MURPHY, A. M. BENNETT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Clark moved the ad- option of the resolution. Second- ed by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Ordinance No. 11-37 An ordinance granting to Joseph Jungels, his successors and as- signs, the right to construct and maintain a canopy over the side- walk at 1085 Julien Avenue, pre- scribing the conditions of such per- mit and declaring an emergency, presented and read. Councilman Kane moved that the reading just had be considered the first reading of the ordinance. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Councilman Kane moved that the rules be suspended requiring, an ordinance to, be read on three separate days. Seconded by Coun- cilman Clark. Caried by the fol- lowing vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. The ordinance was then read a second time. Councilman Kane moved that the reading just had be considered the second reading of the ordinance. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Ordinance No. 12-37 An ordinance granting to the Maizewood Insulation Company, its successors and assigns, the right to construct and maintain a load- ing platform on Salina Street, pre- scribing the conditions of such per- mit and declaring an emergency, presented and read. 278 Session, November 15th, 1937 Coitncilman Murphy 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 Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Councilman Murphy moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- cilman Clark. Carried by the fol- lowing vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. The ordinance was then read a second time. Councilman Murphy moved that the reading just had be considered the second reading of the ordi- nance. Seconded by Councilman Bennett. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Ordinance No. 13-37 An ordinance amending Ordi- nance No. 10-37 entitled: "An or- dinance regulating the use of ve- hicles upon the streets of the City of Dubuque; designating the pro- visions hereof as the 'Tragic Code' of said City; repealing all ordi- nances or parts of ordinances in conflict herewith; and providing a penalty for violation hereof" by amending Rule No. 93 of Paragraph 609, Section 3, relating to speed, Presented and read. Councilman Bennett moved that the reading just had be consid- ered the first reading of the ordi- nance. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Councilman Bennett moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- ellman Clark. Carried by the fol- lowing vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. The ordinance was then read a second time. Councilman Bennett moved that the reading just had be considered the second reading of the ordi- nance. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. November 15, 1937. To the Honorable Mayor and Coun- cil of the City of Dubuque. Gentlemen: A petition has been filed with your Honorable Body by Dubuque Packing Company re- questing that it be granted permis- sion to construct and maintain an unloading platform on Sycamore Street adjacent to its property and to use and maintain gates on East 17th Street for the purpose of re- straining livestock while passing from the north side of said street to the south side thereof. Objec- tions have been tiled to the grant- ing of such permits, such objec- tions being based substantially up- on the claim that the Council has no legal authority or jurisdiction to grant the requests. My opinion has been requested regarding the legal aspects of the controversy which has arisen. I beg to advise you that I have given the matters serious consideration. As to the unloading platform. My understanding is that there exists a railroad track on Sycamore Street, the west rail of which is about 12 feet easterly of the east- erly lot lines of the. property own- ed by the petitioner; that there are no sidewalks on either the east or west sides of Sycamore Street; that the Packing Company owns all of the lots facing Sycamore Street from East 17th to East 18th Streets, except two lots owned by the Marshall Boilerworks on the northwest corner of 17th and Syca- more Streets; that the proposed unloading platform is to be used as an adjunct to the operation of stockyards to be conducted upon petitioner's lots and as a means of unloading cattle and hogs from railroad cars; that the construction and maintenance of the unloading platform and the operation of the stockyards is a part of an expan- sion program to be undertaken by the petitioner; that the platform is proposed to be built on Syca- more Street and to be about 12 feet in width. The question raised by the ob- jections is that the Council has no authority to authorize such a struc- ture because it constitutes an un- lawful interference with the free use of the street for its entire length and width and any such structure, if built, will constitute a nuisance. Under the circumstances sur- rounding this case, to so hold would be placing a too narrow con- struction upon the statutes of this State, and I cannot agree with such construction. It is true that the law imposes upon the Council the duty to keep streets and alleys Special Session, November 15th, 1937 279 "open and in repair and free from there are constructed many struc- nuisances," but it also vests in the tures which occupy at least a part Council "the care, supervision andof the streets and sidewalks. They control" of the streets and alleys. are used for purely private pur- While• an unloading platform poses as an incident to the con - might to some extent interfere venient use of premises and the with the full use of the street for operation of business. Very often the purposes of travel, it does not business would be seriously injured necessarily constitute a nuisance. if such uses were denied. Loading The character of the structure, its and unloading platforms are rec- use and its location are all matters ognized as necessary for many to be considered in determining types of business, and the Council whether or not it is a nuisance. has not hesitated to grant licenses Furthermore, since the "care, su- or permits for such uses. How- pervision and control" of the ever, such grants are always streets and alleys rests with the coupled with restrictions and regu- Council, the Council has some dis- lations so that the same never be- cretion in granting the use of come permanent but are subject to streets for purposes which bene continuous control by the Council. fit the owners of private property. All of such grants are made by Areaways built in sidewalks; steps ordinances and, among other constructed upon sidewalks; and things, usually contain a provision structures of similar nature all oc- by which the enjoyment of the cupy a part of the streets upon or license is dependent upon restric- be in which they are built. Yet they tions and conditions as may reasonably necessary for the pro- are recognized as legitimate uses tection of the public interest, in- cluding the right to revoke or re - In one case, our Supreme Court scind such license or permit if at has said: "We know of no rule of any time the public interest re - law which forbids the construction quires such revocation. of ways in the sidewalks to cellars In my opinion, this is a complete under the adjacent buildings." In protection to the public and is a another case, it is said: "The nec- proper exercise of the statutory essities of modern life demand the authority to "care, supervise and location of many obstacles in the control" the streets and alleys. I highways which in the olden time conclude that the Council, if it sees would not have been tolerated even fit to do so, has the power and in the king." authority to authorize the construc- It is true that such structures tion and maintenance of the un - cannot be permanent in the, sense loading platform requested by the that any right arises therefrom to petitioner, providing such license maintain them even though public and permit is coupled with proper necessity should require their re- regulatory provisions. As to the question of gates. The moval. Such grants are always ac- companied by a condition which second proposition is directed to requires their removal whenever the right to grant to petitioner the public nevessity arises and the right to erect and maintain gates Council should order their remov- across East 17th Street as a con- the alley line, such al.. Our Supreme Court has said "an not be con- tinuation of gates to be used only during the that area could the sidewalk with- time livestock is being driven from strutted under out complying with conditions im- the south to the north sides of the to be posed by the City." In another "Though scales street. The thought seems maintained by the objectors that case, it was held: had been located by permission the Council lacks the power and authority to grant the permit. of the town, as this was by a license, the Council might order its As I view the situation, it is of maintain. removal." And, in another case, "Areas for light and not entirely a question ing and operating gates, but it di• It was said: basement windows and descents rects itself to the question of the Council has are necessary in order to carry on whether or not the right to prevent the petitioner business in a city and, if such from using the streets and alleys excavations are properly guarded or covered after completion, they for driving livestock over and whether rte or do not in themselves constitute a acrosssucht it has the them, and to nuisance." use. These questions are decided The foregoing statements are to show the construction by statute. 5971 provides that: "Cit - sufficient that the courts have placed upon Section ies shall have power to restrain the laws of this State. knowl- d r not It is a matter of public City s Vgulatithit eelimrrta the cor edge that throughout this 280 Special Session, November 15th, 1937 poration." And Section 5744 (5) provides that: Cities have the pow- er to restrain and prohibit "the running at large of cattle, swine, sheep and other animals within the limits of the corporation." Under these granted powers, the Council may adopt an ordinance restraining the driving of livestock anywhere within the City; or it may adopt an ordinance regulat- ing the manner in which livestock may be driven within the City; or it may adopt an ordinance re- straining the driving of livestock in some parts of the City and per- mit livestock to be driven over the streets and alleys in other parts of the City subject to specified reg- ulations. Naturally, the driving of livestock over the streets and al- leys of the City, just like the driv- ing of vehicles, for the time be- ing obstructs the streets and al- leys. Yet power is granted to au- thorize such temporary obstruc- tions. And, further, the Council may prescribe conditions under which such operation may be carried on both as to the length of time the streets may be thus obstructed and as to protective measures to pre- vent livestock from running at large or trespassing upon private property while they are passing ov- er the streets and alleys. How- ever, the regulation should not be unreasonable. Further, every effort should be adopted to avoid the driving of live- stock over and across the streets and alleys becoming a nuisance by reason of the depositing of filth and offal on the same. In this connection, it would be a proper regulation to provide that such of- fal and filth must be removed promptly in order to avoid J n- noyance, discomfort or inconven- ience to adjacent property owners or the general public. In this connection, I would sug- gest that, rather than grant the petition of the Dubuque Packing Company for permission to main- tain gates on East 17th Street, that the Council adopt an ordi- nance prescribing regulations gov- erning the driving of livestock over the streets and alleys within a re- stricted area and, to that end, I have prepared such ordinance and I am submitting the same here- with for your consideration. If this ordinance should be ad- opted, it would not only permit the use of the streets and alleys for the purposes stated in tive pe- tition but it would also permit the maintaining of gates which could be operated for a limited period while livestock was being driven from one side of the street to the other. However, if gates are to be installed, they should be of such design, location and construc- tion as will meet the approval of the Council and, in no event, should they be permitted to be lo- cated upon the private property of others, nor so located as to inter- fere with the proper use of pri- vate property, or so located as to become an unreasonable interfer- ence with the use of public pro- perty. A second petition has been filed with the Council and Planning and Zoning Commission requesting the vacation of the easterly 25 feet of Cedar Street between East 16th and East 17th Streets and the sale of such vacated portion of the street to the petitioner which pro- poses to erect a permanent build- ing thereon. Objections to such vacation have also been filed by property owners on Sycamore Street and on Cedar Street assert- ing that the Council is without authority to grant such request. Before this petition can be act- ed upon by the Council, it must be referred to the Planning and Zon- ing Commission for its recommen- dation. After such recoinhienda- tion has been received, the Council may then consider whether or not to adopt such recommendation, whatever it may be, and it would then be .time enough to consider the objections. Respectfully submitted,, M. H. CZIZEK, City Solicitor. Councilman Kane moved that the legal opinion: of City Solicitor Czizek be made a matter of record. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Ordinance No. 14-37. An ordin- ance prohibiting the driving of cat- tle, sheep and swine on foot over and across the streets and alleys of the City of Dubuque except within prescribed areas thereof, de- fining the conditions under which such livestock may be driven over streets and alleys within such areas, and prescribing a penalty for the violation hereof, presented and read. Councilman Bennett m o v e d to suspend the rules for the purpose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Sec- onded by Councilman Murphy. Carried by the following vote: al Session, NON'ernher 15th, 193 I eas—Mayor Chalmers, Council. men Bennett, Clark, Kane, Murphy, \ay s—\one. Attorney F. D. Gilloon and At- toruey �N alter Koerner, represent. Ing petitioners who had previously entered written objections to the granting of the petitions of the Du. buque P a c k i n g Company, also Messrs. Marshall and Benda ad. dressed the Council objecting to the passage of Ordinance No. 14- 37 and also to the granting of the Petitions of the Dubuque Packing Company. Mr. Peter McCarthy- ad- dressed the Council in support of the petitions of the Dubuque Pack. ing Company. Councilman Kane moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Councilman Kane moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- cilman Murphy. Carried by the fol- lowing vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. The ordinance was then read a second time. Councilman Kane moved that the reading just had be considered the second reading of the ordin- ance. Seconded by Councilman Murphy., Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Councilman Clark m o v e d that the petition of the Dubuque Pack- ing Company, requesting permis- sion to construct a concrete rail. road unloading platform 12 feet wide extending into S y c a m. o r e Street easterly of Lots 425, 426 and 427 of East Dubuque Addition No. 2 and lying between the rail- road tracks and the east line of said lots, be granted and that the City Solicitor be instructed to pre Pare the proper ordinance cover- t ing the construction of said plat- form. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Chalmers, Council- e men Bennett, Clark, Kane, Murphy. I Nays—None. tl Councilman Clark m o v e d that a the petition of the Dubuque Pack- t ing Company, requesting the vaca- d 8l tiou of the easterly 25 feet of Ce'. dar Street from East loth Street tU Fast 17th street and a convey.Street ance of such vacated portion of said street to the Dubuque Pack - 1119 Company, be referred to the Planning and Zoning Commission for their recommendation and re - Port. Seconded by Councilman Bennett. Carried by the follol� iug vote: Teas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Naps—None. Councilman Bennett moved that the petitions of Winceslas Benda and Diary Benda, Nicholas Steich- en and Margaret Steichen, also Bessie Render and Mr. and Mrs. I Nenlerowsky, Marshall Boiler Corks by H. E. and Jackson JI. Marshall, and I. Netnerowsky- and 19 other signers, objecting and Protesting to the granting of the petitions of the Dubuque Packing Company, be received and filed. Seconded by Councilman Bounett. Clark, Kane, Murphy. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. The following decisions of tho City Council relative to various tax petitions requesting suspension of taxes presented for Council ap- proval: Mrs. Fred Marquard re. questing suspension of the 1936 taxes on Lot 9, Sub. 1 of Min. Lot 63, request granted; Geo. J. Hen- dricks requesting suspension of the 1936 taxes on Lot 1, Sub. 1 of 1 of E. 1� of Lot 40 of Kelly's Sub., Und. 1-5 of E. 9 feet of Lot 2, Sub. 1 of E. ?t_, of Lot 40 of Kelly's Sub., Und. 1-5 of E. 9 feet of W. 29 feet of Lot 2, Sub. 1 of E. I., of Lot 41 of Kelly's Sub., Und. 1-5 of N. 9 feet of E. 100 feet of Lot 2, Sub. 1 of E. ?? of Lot 41 of Kelly's Sub., request granted. Councilman Clark moved that the decisions of the City Council on the various tax petitions be ap- proved and the Board of Supervis- ors to be notified of the action of the City Council. Seconded by Bennett. Carried by lie following vote: Yeas—INfayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Mr. J. P. Treanor et al. address - d the Council requesting that the nterstate Power Company operate ieir buses over Mountain Lane nd that Rush Street and Moun- ain Lane be repaired and that the di at Mountain Lane be elimin- 282 Special Session, November 15th, 1937 ated and that the retaining wall on Villa Street be repaired. Councilman Clark moved that the requests be referred to the City Council to view the grounds. Seconded by Councilman Bennett. Carried by the following vote: Peas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. There being no further business, Councilman Kane moved to ad- journ. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. J. J. SHEA, Cityeql Clerk. Approvedohy_.19935. aqq'L 7GiG� Adopted �.94�{.... 1935. Councilmen: {�,:=-__ ............... ... Attest: ..... City Clerk. Board of Health (Official) Special Session, November 15th, 1.937. Board met at 6:40 P. M. P r e s e n t— Chairman John K. Chalmers, Messrs. A. M. Bennett, Carl A. Clark, M. R. Kane and Geo. R. Murphy. Special Order and Notice From Board of Health To Mrs. Mary F. Doyle: You are hereby notified that on the 15th day of November, 1937, the Local Board of Health for the City of Dubuque adopted a resolu- tion 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 here - n set out and is as follows: Resolution No. 134-37 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 No. North % of Lot 554 and Lot 2 of Lot 555 and Lot 4 of Lot 555, all in the original Town of Dubuque, owned by Mrs. Mary F. Doyle, 141/2 Locust Street, 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 sani- tary toilet and toilet facilities be installed and connections made with the sanitary sewer. Be it further resolved that said Mrs. Mary F. Doyle 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 Mrs. Mary F. Doyle be notified of the action of this Board by the service of a written notice togeth- Special Session, 'November ' 1 lith,' 1937 233 er 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 15th day of Novem- ber, 1937. JOHN K. CHALMERS, Mayor. Attest: J. J. SHEA, City Clerk. You are further notified that prosecution 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) W. J. CONNELL. M.D., Health Officer. Mr. A. M. Bennett moved the adoption of the resolution. Sec- onded by Mr. Geo. R. Murphy. Carried by the following vote: Yeas—Chairman John K. Chalm- ers, Messrs. A. M. Bennett, Carl A. Clark, M. R. Kane and Geo. R. Murphy. Nays—None. There being no further business, Mr. M. R. Kane moved to adjourn. Seconded by Mr. Geo. R. Murphy. Carried by the following vote: Yeas—Chairman John K. Chal- mers, Messrs. A. M. Bennett, Carl A. Clark, M. R. Kane and Geo. R. Murphy. Nays—None. J. J. SHEA, Clerk, Board of Health. ApprovedC%. 1938. A.4. Adopted 1 ' 1938. Members of T ?.;7" �f Board of {I Health Attest' ....... ........� . tea.., C1erAc,' Burd of Health. Regular Session, December 6th, 1937 285 City Council (Official) Regular Session, December 6th, 1937. Council met at 7:50 P. M. P r e s e n t—Councilmen Bennett, Clark, Kane, Murphy, City Man. ager Rhomberg. Absent—Mayor Chalmers. Councilman Clark moved that Councilman Kane be appointed Mayor Pro Tem of the meeting. Seconded by Councilman Bennett. Carried by the following vote: Yeas — Councilmen Bennett, Clark, Murphy. Nays—None. Absent—Mayor Chalmers. Councilman Kane not voting. Mayor Pro Tem Kane stated that this is the regular monthly meet- ing of the City Council for the purpose of acting upon such busi- ness as may properly come before the meeting. Petition of Mrs. Mattie Hoskins, et al, requesting that the Interstate Power Company be required to route part of their busses over Dodge Street between Bryant Street and Grandview Avenue, pre- sented and read. Councilman Bennett moved to suspend the rules for the purpose of allowing any one present in the Council Chamber, who wish- es to do so, to address the Coun- cil. Seconded by Councilman Clark. Carried by the following vote: Yeas -Mayor Pro Tem Kane, Councilmen Bennett, Clark, and Murphy. Nays—None. Absent—Mayor Chalmers. Mr. Geo. P. Siegworth addressed the Council requesting that the prayer of the petition requesting bus service over Dodge Street be- tween Bryant Street and Grand- view Avenue be granted. Councilman Clark moved that the petition be referred to the City Manager to confer with the offi- cials of the Interstate Power Com- pany. Seconded by Councilman Bennett. Carried by the following vote: Yeas—Mayor Pro Tem Kane, Councilmen Bennett, Clark and Murphy. Nays—None. Absent—Mayor Chalmers. Mr. E. O. Betscher, Commercial Superintendent, American District Telegraph Company, addressed the Council relative to the former ac- tion taken by the City Council in granting the request of the petition of Midwest -Timmerman Company et al, to transfer the, private fire alarm bell system ennunciator board from the Ninth Street engine house to the Eighteenth Street alarm headquarters, and making further inquiry as to the future Policy of the City Council in grant- ing such requests as the granting of future requests will interfere with their established business. Original Notice of Suit of Grover C. Hoch in the amount of $1,000.00 for damages caused by the flooding of the basement and the settlement of the piers of his house at No. 2270 Woodworth Street .resulting from a water main breaking in Woodworth Street, presented and read. Councilman Bennett moved to refer the Notice of Suit to the City Solicitor. Seconded by Coun- cilman Murphy. Carried by the following vote: Yeas—Mayor Pro Tem Kane, Councilmen Bennett, Clark and Murphy. Nays—None. Absent—Mayor Chalmers. Claim of Ewald F. Gerken for damages caused to his clothing caused in falling into an excava- tion on West 28th Street, present- ed and read. Councilman Murphy moved to refer the claim to the City Solici- tor. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Pro Tem Kane, Councilmen Bennett, Clark and Murphy. Nays—None. Absent—Mayor Chalmers. Communication of Retail Mer- chants Bureau expressing their sincere appreciation for assistance in connection with the Christmas Parade, presented and read. Councilman Murphy moved to re- ceive and file the communication. Seconded by Councilman Bennett. Carried by the following vote: Yeas—Mayor Pro Tem Kane, Councilmen Bennett, Clark and Murphy. Nays—None. Absent—Mayor Chalmers. Petition of the truck drivers lo- cal protesting to the laying off of two city employees and the re- duction of working time for several others to 120 hours per month, or three weeks work per month, pre. sented and read. Councilman Clark moved to re- rer the petition to the City Coun- ,il. Seconded by Councilman Ben- aett. Carried by the following vote: Yeas—Mayor Pro Tem Kane, 286 Regular Session, December 6th, 1937 _ Councilmen Bennett, Clark and Murphy. Nays—None. Absent—Mayor Chalmers. Petition of Dubuque Trades and Labor Congress opposing the ac- tion taken by the City Manager shortening the hours of the City Employees, especially at this time of the year, also the laying off of two men, presented and read. Messrs Mark Gavin, Norman Kormann and Charles Calahan ad- dressed the Council requesting that the employes be placed back on full time and also that the two employees who were laid off be put back to work. Councilman Clark moved to re- fer the petition to the City Coun- cil. Seconded by Councilman Ben- nett. Carried by the following vote: Yeas—Mayor Pro Tem Kane, Councilmen Bennett, Clark and Murphy. Nays—None. Absent—Mayor Chalmers. Petition of M. B. Olansky re- questing a refund on his cigarette permit as he has discontinued bus- iness as of November 16th, 1937, presented and read. Councilman Clark moved that the request be granted and that a warrant in the amount of $50.00 be ordered drawn on the City Treasurer in favor of M. B. Olan- sky to cover the amount of re- fund granted. Seconded by Coun- cilman Bennett. Carried by the following vote: Yeas—Mayor Pro Tem Kane, Councilmen Bennett, Clark and Murphy. Nays—None. Absent—Mayor Chalmers. Petition of Edwin Bull request- ing that someone be empowered to investigate and reimburse him with an amount which will be just and equitable on the special assess- ment for sanitary sewer on two lots, as only one lot is accessible to the sewer, the description be- ing the west fifty of the west one hundred of the east two hundred and forty feet of lots 8 and 9 of Sisters Addition, presented and read. Councilman Bennett moved to re- ceive and file the petition. Sec- onded by Councilman Clark. Car- ried by the following vote: Yeas—Mayor Pro Tem Kane, Councilmen Bennett, Clark and Murphy. Nays—None. Absent—Mayor Chalmers. Petition of Henry Suverkrup, Jr., requesting a refund on penalty charges paid on delinquent special assessments levied against Lot 50 of Cook's Addition, Fund No. 634, presented and read. Councilman Clark moved that the request be granted and that a warrant in the amount of $60.14 be ordered drawn on the Special Bonded Fund in favor of Henry Suverkrup, Jr., to cover the amount of refund granted. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Pro Tem Kane, Councilmen Bennett, Clark and Murphy. Nays—None. Absent—Mayor Chalmers. Petition of Mr. and Mrs. Chas. W. Avery requesting a refund on penalty charges paid on delinquent special assessments levied against the south 125 feet of Lot 19 of Littleton & Sawyer's Addition, Fund No. 864, presented and read. Councilman Murphy moved that the request be granted and that a warrant in the amount of $20.40 be ordered drawn on the Special Bond- ed -Fund in favor of Mr. and Mrs. Chas. W. Avery to cover the amount of refund granted. Second- ed by Councilman Bennett. Car- ried by the following vote: Yeas—Mayor Pro Tem Kane, Councilmen Bennett, Clark and Murphy. Nays—None. Absent—Mayor Chalmers. Petition of Mrs. Mary Nicks, re- ferred to the City Council by the Board of Supervisors, requesting suspension of the 1936 taxes on the N. 1/2 of S. M. 1-5 of City Lot 487 and on the S. 1/2 of M. 1-5 of City Lot 487„ presented and read. Councilman Bennett moved to re- fer the petition to the City So- licitor for investigation and report. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Pro Tem Kane, Councilmen Bennett, Clark and Murphy. Nays—None. Absent—Mayor Chalmers. Petition of Gertrude Waldorf, re- ferred to the City Council by the Board of Supervisors, requesting suspension of the 1936 taxes on Lot 81 of L. H. Langworthy's Ad- dition, presented and read. Councilman Bennett moved to re- fer the petition to the City Solic- itor for investigation and report. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Pro Tem Kane, Councilmen Bennett, Clark and Murphy. Nays—None. Absent—Mayor Chalmers. Petition of Frank Moots, et al, Regular Session, December 6th, 1937 ' 287 requesting that Bluff Street Exten- sion be put in condition for travel by delivery truck and passenger cars, also that park step lights be replaced and also that one more street light be installed half -way between park steps and Rush Street steps, presented and read. Councilman Murphy moved to re- fer the petition to the City Man- ager. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Pro Tem Kane, Councilmen Bennett, Clark and Murphy. Nays—None. Absent—Mayor Chalmers. Petition of J. J. Nagle Estate, by John A. Nagle, requesting the City Council to approve the occupancy of No. 429-437 Main Street for au- tomobile sales and show room, pre- sented and read. Councilman Clark moved that the Building Commissioner be in- structed to grant an extension of 60 days time for the occupancy of said building as an automobile sales and show room and that the City Solicitor be instructed to draft an ordinance amending the Zoning Ordinance as the same ap- plies to the, term Public Garage. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Pro Tem Kane, Councilmen Bennett, Clark and Murphy. Nays—None. Absent—Mayor Chalmers. Ordinance No. 11-37. An ordi- nance granting to Joseph Jungels, his successors and assigns, the right to construct and maintain a canopy over the sidewalk at 1085 Julien Avenue prescribing the conditions of such permit and de- claring an emergency, said ordi- nance having been passed upon first and second readings on No- vember 15th, 1937, presented and read a third time. ORDINANCE NO. 11-37. An ordinance granting to Joseph Jungels, his successors and assigns, the right to construct and maintain a canopy over the sidewalk at 1085 lnof suche, prescribinpermit and dcondi- tionseclaring an emergency. Be it ordained by the City Coun- cil of the City of Dubuque: PARAGRAPH 614, Section 1. That Joseph Jungels, his successors o assigns, be and he is hereby grant- ed ra t ed the right and authority to con- struct and maintain a canopy at- tached to his building located at 108-5 Julien Avenue, said canopy to extend over the sidewalk for a distance of not to exceed 6 inches, the same to the bBiuilding er the commissioner isofn the City of Dubuque. PARAGRAPH I , Section 2. It Is understood and provided that such permitis subject to the continuous control of the City Council of this City, reserving the right to impose restrictions or conditions upon, the enjoyment thereof as may be reason- ably necessary for the protection of the public interest, Including the right to revoke and rescind such permission if at any time the pub- lic Interest should require such tevocation. PARAGRAPH 616, Section 3. This Ordinance being deemed urgent and of immediate necessity shall become effective upon final passage, adoption and approval thereof by the City Council and publication as provided by law, and the rights hereunder shall accrue to said Joseph Jungels, his successors and assigns, when the provisions hereof shall have been ao- c:epted by him. Passed upon first and second read- ings this 1.5th day of November, 1937. Passed, adopted and approved up- on final reading this 6th day of De- cember. 1937. M. H. KANE, Mayor Pro Tem CARL A. CLARK, GEO. R. MURPHY, A. M. BE NNETT, Councilmen. Attest: .l. .1. SHEA, City Clerk. ACCEPTANCE OF ORDINANCE NO. 11-37. Joseph .lungels dues hereby accept all of the terms, conditions and pro- visiuuy of an t>rdinance adopted by the City Council of the City of Du- buque on the 'Ah day of December, 1937, and entitled: "An ordinance granting to Joseph Jungels, his suc- cessors and assigns, the right to con- struct and maintain a canopy over the sidewalk at 1085 Julien Avenue, prescribhig the conditions of such permit and declaring an emergency." Dated this 9th day of December, 1937. ,11151:YH P]. .JUNUELS. Published officially in The Tele- graph -Herald newspaper December loth, 1.:137. 11. J. SHEA, 12-10-1t City Clerk. Councilman Bennett moved the adoption of the ordinance. Sec- onded by Councilman Clark. Car- ried by the following vote: Yeas—Mayor Pro Tem Kane, Councilmen Bennett, Clark and Murphy. Nays—None. Absent—Mayor Chalmers. Ordinance No. 12-37. An ordi- nance granting to the Maizewood Insulation Company, its successors and assigns, the right to construct and maintain a loading platform on Salina Street, prescribing the con- ditions of such permit and declar- ing an emergency,. said ordinance having been passed upon first and second readings on November 15th, 1937, presented and read a third time. ORDINANCE NO. 12 -37 - An ordinance granting to the Matae- wood Insulation Company. t tots cess- con - ors and assigns, plat- formand maintain a loading P form on Salina street, prescribing 288 Regular Session, December 6th, 1937 the conditions of such permit and de- claring an emergency. Be it ordained by the City Council of the City of Dubuque: PARAGRAPH 617 Section 1. That the Maizewood Insulation Company, its successors and assigns, be and it is hereby granted the right and authority to construct and maintain aloading platform on Salina Street abutting its building located on Lot 4 of Lot B of Industrial Subdivision, such loading platform to occupy 147 square feet and 9 inches of said street, the same to be used in con- nection with the operatigaidothe business of said company, struc- ture to be built under the super- vision of the Building Commissioner of the City of Dubuque. PARAGRAPH 618 Section 2. It is understood and provided thatsuch right and permission to use such street is subject to the continuous control of the City Council of this City, reserving the right to impose re- strictions or conditions upon the en- joyment thereof as may be reasonably necessary for the protection of the public interest, including the right to revoke and rescind such permission if at any time the public interest should require such revocation. PARAGRAPH 619 Section 3. This Ordinance being deemed urgent and of immediate necessity shall become effective upon the final passage, adop- tion and approval thereof by the City Council and publication as provided by law, and the rights hereunder shall accrue to said Maizewood In- sulation Company, its successors and assigns, when the provisions hereof shall have been accepted by said com- pany. Passed upon first and second read- ing this 15th day of November, 1937. Passed, adopted and approved upon final reading this 6th day of Decem- ber, 1937. M. R. KANE, Mayor Pro Tem. CARL A. CLARK, GEO. R. MURPHY, A. M. BENNETT, Councilmen. Attest: J. J. SHEA, City Clerk. ACCEPTANCE OF ORDINANCE NO. 12-37. The Malzewood Insulation Company through its authorized officers does hereby accept all of the terins, con- ditions and provisions of an Ordin- ance adopted by the City Council of the City of Dubuque on the 6th day of December, 1937, and entitled: "Or- dinance No. 12-37. An ordinance granting to the Maizewood Insulation Company, its successors and assigns, the right to construct and maintain a loading platform on Salina Street, prescribing the conditions of such per- mit and declaring an emergency." Dated this 8th day of December, 1937. MAI7.EWOOD INSULATION COMPANY, by H. A. HAUPTLI, President. Published officially in the Tele• graph -Herald newspaper, December 10th, 1937. J. J. SHEA, 12-10-1t City Clerk. Councilman Bennett moved thl adoption of the ordinance. Sec onded by Councilman Murphy. Car ried by the following vote- Yeas—Mayor Pro Tem Kane ouncilmen Bennett, Clark and lurphy. Nays—None. Absent—Mayor Chalmers. Ordinance No. 13-37. An ordi- ance amending Ordinance No. 10 -37 entitled: "An ordinance regu- iting the use of vehicles upon the treets of the City of Dubuque; lesignating the provisions hereof ,s the 'Traffic Code' of said City; epealing all ordinances or parts f ordinances in conflict herewith; end providing a penalty for viola - ion hereof" by amending Rule No. 13 of Paragraph 609, Section 3, re- ating to speed, said ordinance hav- ng been passed upon first and second readings on November 15th, [937, presented and read a third .line. ORDINANCE NO. 13-37. 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 penaamenity ding forviolation 1No. 93 of hereof" Pa Paragraph 609, Section 3, relating to speed. Be it ordained by the City Council of the City of Dubuque: PARAGRAPH 620 Section 1. That Rule 93 of Paragraph 609, Section 3, of an ordinance entitled: "Ordinance No. 10-37. An ordinance regulating 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 ordi- nances or parts of ordinances in con- flict herewith; and providing a pen- alty for violation hereof" be and the same is hereby amended by adding thereto the following: "except, how- ever, that a speed of 35 miles an hour may be maintained on U. S. Highway No. 61 from the south corporation line of the City of Dubuque to the south line of Lot 2 of J. C. Scully's Sub- division" so that said Rule, as thus amended, will hereafter read as fol- lows: "RULE (93) The driver of a motor vehicle shall drive the same at a careful and prudent speed not greater than nor less than is reasonable and proper, having due regard to the traf- fic, surface and width of the street and of any other conditions then existing, and no person shall drive any vehicle upon a street at a speed great- er than will permit him to bring it to a stop within the assured clear distance ahead and in no event at a greater speed than 20 miles an hour in a business or school district or public park and 25 miles an hour in a residence district, except, however, that a speed of 35 miles an hour may be maintained on U. S. Highway No. 61 from the south corporation line of the City of Dubuque to the south line of Lot 2 of J. C. Scully's Sub- division." PARAGRAPH 621 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 read - Ings this 15th day of November, 1937. Passed, adopted and approved upon Regular Session, December 6th, 1937 289 final reading this Gth day of De- cember, 1937. At. R. KANE, :�layur Pro Tem. CARL A. CLARK, GEO. R. MURPHY, A. M. BENNETT Councilmen. ATTEST; J. J. SHEA, City Clerk. Published officially in The Tele- graph -Herald newspaper, December 10th, 1937. J. J. SHEA, 12 -to -1t. City Clerk. Councilman Murphy moved the adoption of the ordinance. Sec- onded by Councilman Clark. Car- ried by the following vote: Yeas—Mayor Pro Tent Kane, Councilmen Bennett, Clark and Murphy. Nays—None. Absent—Mayor Chalmers. Ordinance No. 14-37. An ordi- nance prohibiting the driving of cattle, sheep and swine on foot over and across the streets and alleys of the City of Dubuque ex- cept within prescribed areas there- of, defining the conditions under which such livestock may be driv- en over streets and alleys within such areas, and prescribing a pen- alty for the violation hereof, said ordinance having been passed upon first and second readings Novem- ber 15th, 1937, presented and read a third time. ORDINANCE NO. 14-37. An ordinance prohibiting the driv- ing of cattle, sheep and swine on foot over and across the streets and al- leys of the City of Dubuque except within the prescribed areas thereof, defining the conditions under which such livestock may be driven over streets and alleys within such areas, and prescribing a penalty for the violation hereof. Be it ORDAINED by the City Council of the City of Dubuque: PARAGRAPH 622, Section 1. It shall be unlawful for any person, firm or corporation or cause to be driven, cattle, e sheep and swine on foot over and across the streets and alleys of the City of Dubuque of which within such for the pure se s areusedof operating stockyards, slaughter hous- es and packing plants and, then only, subject to the following restrictions and regulations, to -wit: (a) When such livestock is being driven through alleys, themost be so guarded by fences or enclosures as will prevent them from running or trespassing up- on adjacent private property. (b) When such livestock is being driven over and across the streets, they shall be so guarded by attend- ants or by fences orenclosures as at large into otherrevent streets, t . stree, alleys i high- ways or over and across public or private property. (c) In driving such livestock over and across such streets and alleys, such streets and alleys shall not be obstructer time than fived(5) minutes in gin anyone pe- riod of operation, and after such live- stock"has passed, all such fences and enclosures shall be so removed or placed as not to obstruct the use of the streets and alleys by the travel- ing public or be an interference with private property. (d) Any offal or filth deposited by such livestock upon such streets and alleys while passing over and across the same shall be promptly removed therefrom by the owner of such live- stock and shall not be permitted to remain thereon to the annoyance, discomfort or inconvenience of ad- jacent property owners or the general public. PARAGRAPH 623, Section 2. Any person, firm or corporation violating any of the provisions hereof shall be fined not to exceed $100.00 or impris- oned not to exceed thirty (30) days in jail. PARAGRAPH 624, Section 3. This ordinance being deemed urgent and in the interests of the public health, comfort and convenience 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 read- ings this 15th day of November, 1937. Passed, adopted and approved upon final reading this 6th day of Decem- ber, 1937. M. R. KANE, Mayor Pro Tem CARL A. CLARK, GEO. R. MURPHY, A. M. BENNETT, Councilmen. Attest: J. J. SHEA, Clerk. Published officially in The Tele- graph -herald newspaper, December 10th, 1937. J. J. SHEA, 12-10-1t City Clerk. Councilman Bennett moved the adoption of the ordinance. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Pro Tem Kane, Councilmen Bennett, Clark and Murphy. Nays—None. Absent—Mayor Chalmers. 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 Octob- er, 1937, presented and read. Councilman Murphy moved to receive and file the proof of pub- lication. Seconded by Councilman Bennett. Carried by the follow- ing vote: Yeas—Mayor Pro Tem Kane, Councilmen Bennett, Clark and Murphy. Nays—None. Absent—Mayor Chalmers. Proof of publication, certified to by the publishers, of the notice of a public hearing to be held upon a proposal to amend and change the pliesZto ZoningMap �sout a 40the feet same ap- of Lot 81 and 82 of Union Addition by changing from "Single -Family Res- idence District" to Local Business District," presented and read. 290 Regular Session, December 6th, 1937 Councilman Clark moved to re- ceive and file the proof of pub- lication. Seconded by Councilman Murphy. Carried by the follow- ing vote: Yeas—Mayor Pro Tem Kane, Councilmen Bennett, Clark and Murphy. Nays—None. AbsEat—Mayor Chalmers. Council Proceedings for the month of October, 1937, present- ed for approval. Councilman L'enneLt moved that the Council Proceedings for the month of October, 1937, be ap- proved as printed. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Pro lL P.ln Kane, Councilmen Bennett, Clark and Murphy. Nays—None. Absent—Mayor Chalmers. Report of the Board of Health for the month of October, 1937, presented. Councilman Murphy movad that the report of the Board of llealth for the month of October,. 1937, be received and placed on file. Sec- onded by Councilman Clark. Car• rigid by the following vote: Yeas—Mayor Pro Tem Kane, Councilmen Bennett, Clark and Murphy. Nays—None. Absent—Mayor Chalmers. Communication of J. W. Giellis, Chief of Police, certifying that Police Officer John Dolan was elect- ed by the members of the Dubuque Police Department to serve as a member of the Board of Trustees of the Police Retirement and Pen- sion System, presented and read. Councilman Bennett moved that Police Officer John Dolan be appointed as a member of the Board of Trustees of the Police Retirement and Pension System for the term commencing April 1st, 1937, and ending April 1st, 1941. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Pro Tem Kane, Councilmen Bennett. Clark and Murphy. Nays—None. Absent—Mayor Chalmers. Communication of Wm. L. Ryan, Chief, Department of Fire, advis- ing that the members of the De- partment of Fire have selected Fireman Terrance Hanley to con tinue as their representative as a member of the Board of Trustees of the Firemen Retirement and Pension System, presented and read. Councilman Bennett moved that Fireman Terrance Hanley be ap• Jointed as a member of the Board )f Trustees of the Firemen Re- irement and Pension System for ;he term commencing April 1st, 1937, and ending April 1st, 1941. Seconded by Councilman Murphy. 'arried by the following vote: Yeas—Mayor Pro Tem Kane, -.ouncilmE•n Bennett, Clark and Murphy. Nays—None. Absent—Mayor Chalmers. November 17, 1937. To the Honorable Mayor and City Council. Gentlemen: The Planning and Zoning Commission held a special meeting November 16th to con- sider the petition of the Dubuque Packing Company referred to the Commission by action of the City Council in session November 15, 1937. The Planning and Zoning Com- mission begs leave to recommend to the Honorable Mayor and City Council that the petition of Du- buque Packing Company request- ing vacation of easterly 25 feet of Cedar Street for the entire dis- tance between 16th and 17th Streets and sale of such vacated portion to said Packing Company be granted upon such financial and other terms as the City Council may deem reasonable, the sense of the Commission being that the area proposed to be conveyed is practically equivalent to the area of sidewalks on both sides of Ce- dar Street which sidewalks have never been built nor needed. In this connection, the Planning and Zoning Commission also recom- mends the vacation of the side- walk along the west side of Cedar Street and reservation or dedica- tion of such sidewalk space exclu- sively for roadway purposes. Respectfully submitted, R. V. McKAY, Secretary, Dubuque Planning and Zoning Commission. Councilman Clark moved that the recommendation of the Plan- ning and Zoning Commission be made a matter of record. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Pro Tem Kane, Councilmen Bennett, Clark, Murphy. Nays—None. Absent—Mayor Chalmers. December 3, 1937. 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 Regular Session, December .6th, 1937 ___ 291 have ypur ' approval on same for Sling EXCAVATION. Archie LeVan, 2239 Central Ave- nue; Policy No. LBI 1027, Eagle Indemnity Company. SIGNS. Roehl-Phillips Furniture Co., 653 and 661 Main Street; Policy No. IHP 8630977, The Travelers Insur- ance Company. H. A. Engel (Engel Nash Com- pany), 13th and Iowa Streets; Policy No. 119101, Suburban Auto Insurance Company. Enzler Trunk and Luggage Shop, 567 Main Street; Policy No. PL 43161, Bituminous Casualty Corpor- ation. Bird Chevrolet Company. Signs at following locations: 6th and Iowa Streets and 588 Iowa Street. Policy No. CPW 416, Central Sur- ety and Insurance Corporation. Karl J. Page, 75 West Fourth Street; Policy No. GPL 107945, Massachusetts Bonding and Insur- ance Co. John Schaetzle (Schaetzle Drug Store), 2162 Central Avenue; Pol- icy No. PL 43168, American Surety Company. Mid -Continent Petroleum Corpor- ation. Signs at following loca- tions: S. E. corner 2nd and Lo- cust Streets, S. E. corner Julien Avenue and Nevada Street, 1865 Central Avenue, 32nd and Central Avenue; Policy No. OLT 5314, Fireman's Fund Indemnity Co. L. L. Coryell and Son, 7th an Iowa Streets; Policy No. PL 43166 Bituminous Casualty Corporation Central Battery and E lectri 4th an Company, S. W Main Streets; Indemnity Insuranc Co. of North America. L. R. Patch. Signs at followin locations: Frank Sand, 22nd an Jackson Streets; Leiser & Kres 13th and Central Avenue; To Wraggs, 332 West 8th Street Rugh W. Buse, 2400 Central Av nue; Ray Nicks, 521 West 22n Street; Frank Klein, 600 Centre Avenue; Al. Uppinghouse, 650 L cust Street; L. J. Healing, 151 Central Avenue; Carl 1Vloes, 6' Central Avenue; Geo. Miller, West 4th Street; Daniel McDe ald, 216 West 1st Street; H. Brownell, 198 Main Street; Pa Hotel, 75 East 4th Street; Pays Berg, 18th and Central Avenu Mrs.tt, 500 bE Avenue; Arthur Etta eNorton, 336Mf Street; Carl J. Pinger, 127 W� 6th Street; Mrs. Cecelia Weber, 998 Central Avenue; M. J. Kalm.es, 1085 Julien Avenue; Mrs. Elsie Recker, 428 West Locust Street. Policy No. 20GL1666, The Aetna Casualty and Surety Co. Zoller Brewing Company. Signs at following locations: Frank Reu- ter, 2616 Windsor Avenue; Frank J. Weller, 189 Locust Street; Chas. Schneider, 543 t-th Avenue; Walter Mengis, 1618 Central Avenue; Cos - ley Distrib. Co., 141 Locust Street; Harry King, '2385 Central Avenue; Wm. Cosley, 1121 Julien Avenue; Clarence Buelow, 1555 So. Grand. view Avenue; Mrs. Anna. Kirk- patrick, 457 8th Avenue; Miller & Barrington, 231 West 1st Street; Marguerite O'Brien, 2.11 Main Street. Policy No. GL443507. Hartford Accident and Indemnity Co. B. & G. Battery Lf Electric Co., 1084-90 Iowa Street; Policy No. ML5119, The Ohio Casualty Insur- ance Co. Renier Building Fund, 531 Main Street; Policy No. IGB 3553, Stan- dard Accident Insurance Co. Kassler Motor Co., 5th and White Streets. Policy No. 260505, Hoosier Casualty Co. Orpheum Theatre, N. W. corner 4th and Main Streets; Policy No. GPL-107344, Massachusetts Bond. ing and Insurance Co. Hartig Drug Company, Inc. Signs at following locations: 2376 Cen- tral Avenue and 97 Locust Street. Policy No. IOT 522, The Fidelity d and Casualty Co. of N. Y. Respectfully submitted, A. A. RHOMBERG, City Manager. d Councilman Bennett moved that e the bonds and policies be approved and placed on file. Seconded by g Councilman Murphy. Carried by d the following vote: S, Yeas—Mayor Pro Tem Kane, m Councilmen Bennett, Clark, ; Murphy. e- Nays—None. A Absent—Mayor Chalmers. December 6, 1937. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The three-year term of Albert Wharton, member of the ired on 26, 1lNovember 9 7. it will be necessary that the Council appoint someone toll the vacancy for a three-year to expire November 26, 1940.the There exists a vacancy on Recreation Commission due to the 292 Regular Session, December 6th,_1937 resignation of George Roepsch for a term to expire July 10, 1940. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Clark moved that Mr. Albert Wharton be reappoint- ed as a member of the Dock Board for a term of three -years, said term to expire November 26th, 1940. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Pro Tem Kane, Councilmen Bennett, Clark, Murphy. Nays—None. Absent—Mayor Chalmers. December 6, 1937. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the regular meet- ing of the City Council held No- vember 1, 1937, I was directed to make a survey of the street signs in the City and embody the results of the survey in a report. There are 821 street intersec- tions that are open to travel. Of these 211 have signs of some sort, the majority being of the bracket type suspended on poles. The re- maining 610 street intersections have no signs of any kind. The accompanying list supplies the con- ditions at the various intersec- tions. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Bennett moved that the communication of City Man- ager Rhomberg be made a matter of record and that the City Man- ager be instructed to furnish each member of the City Council with a copy of his report of the survey. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Pro Tem Kane, Councilmen Bennett, Clark, Murphy. Nays—None. Absent—Mayor Chalmers. Resolution No. 135-37 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. Francis X. Page, 73 East 4th Street. CLASS "C" PERMIT. Name. Address. Harold Barrett, 257 Southern Avenue. Passed, adopted and approved this 6th day of December, 1937. M. R. KANE, Mayor Pro Tem. CARL A. CLARK, GEO. R. MURPHY, A. M. BENNETT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Murphy moved the adoption of the resolution. Sec- onded by Councilman Clark. Car- ried by the following vote: Yeas—Mayor Pro Tem Kane, C o u n c f l m e m Bennett, Clark, Murphy. Nays—None. Absent—Mayor Chalmers. Resolution No. 136-37 Whereas, heretofore applications were filed by the within named applicants for Beer Permits and they received the approval of this Council; and Whereas, the premises to be oc- cupied by them have been inspect- ed and found to comply with the ordinances of this City and they have filed a proper bond: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the Man- ager be and he is hereby directed to issue to the following named persons a Beer Permit: CLASS "B" PERMIT. Name. Address. Wm. Barrington (Renewal), 250 West 1st Street. Ruben J. Weber (Renewal), 1543 Central Avenue. Fred J. Saeugling (Renewal), 2417 Rhomberg Avenue. Francis X. Page (New), 73 East 4th Street. CLASS "C" PERMIT. Name. Address. Harold Barrett, 257 Southern Avenue. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 6th day of December, 1937. M. R. KANE, Mayor Pro Tem. CARL A. CLARK, GEO. R. MURPHY, A. M. BENNETT, Councilmen. Attest: J. J. SHEA, City Clerk. IL Regular Session, December. 6th, 1937 Councilman Clark m o v e d th adoption of the resolution. Se onded by Councilman Murphy. Car ried by the following vote: Yeas—Mayor Pro Tem Kane Councilmen Bennett, CIark Murphy- Nays—None. Absent—Mayor Chalmers. Ordinance No. 15-37. An ordin ante amending and changing th Zoning Map of the City of Dubuque as provided for by Ordinance No 3-34, designated "Zoning Ordin- ance of the City of Dubuque," s as to change to "Multiple Resi- dence District" certain defined ter- ritory now delimited as "Two - Family Residence District," and declaring an emergency, presented and read. Councilman Murphy 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 Pro Tem Kane, C o u n c i l m e u Bennett, Clark, Murphy. Nays—None. Absent—Mayor Chalmers. Councilman Murphy moved to suspend the rules requiring an or- dinance to be read on three sep- arate days. Seconded by Council- man Clark. Carried by the follow- ing vote: Yeas—Mayor Pro Tem Kane, Councilmen Bennett, Clark, Murphy. Nays—None. Absent—Mayor Chalmers. The ordinance was then read a second time. Councilman Murphy moved that the reading just had be considered the second reading of the ordin- ance. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Pro Tem Kane, Councilmen Bennett, Clark, Murphy. Nays—None. Absent—Mayor Chalmers. Ordinance No. 16-37. 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 Dis- trict" certain defined territory now delimited as "Sir.gle-Family Resi- dence District," and declaring an emergency, presented and read. Councilman Murphy moved that the reading just had be considered the first reading of the ordinance. 293 e Seconded by Councilman Bennett. Sec Carried by the following vote: Yeas—Mayor Pro Tem. Kane,, C o u n c 11 m e n Bennett, Clark, , Murphy. Nays—None. Absent—Mayor Chalmers. Councilman Bennett moved to suspend the rules requiring an or. dinance to be read on three sep- arate days. Seconded by Council- man Clark. Carried by the follow. ing vote: Yeas—Mayor Pro Tem Kane, o C o u n c i l m e n Bennett, Clark, Murphy. Nays—None. Absent—Mayor Chalmers. The ordinance was then read a second time. Councilman Bennett moved that the reading just had be considered the second reading of the ordin. ance. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Pro Tem Kane, Councilmen Bennett, Clark, Murphy. Nays—None. Absent—Mayor Chalmers. Ordinance No. 17-37. An ordin- ance granting to Dubuque Packing Company, its successors and as- signs, the right to construct and maintain an unloading platform on Sycamore Street; prescribing the conditions of such permit, present- ed and read. Councilman Bennett moved that. the reading just had be considered the first reading of the ordinance. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Pro Tem Kane, Councilmen Bennett, Clark, Murphy. Nays—None. Absent—Mayor Chalmers. Councilman Bennett moved to suspend the rules requiring an or- dinance to be read on three sep- arate days. Seconded by Council- man Murphy. Carried by the fol- lowing vote: Yeas—Mayor Pro Tem Kane, Councilmen Bennett, Clark, Murphy. Nays—None. Absent—Mayor Chalmers. The ordinance was then read a second time. Councilman Bennett moved that the reading just had be consid- ered the second reading of the or- dinance. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Pro Tem Kane, 294 Regular Session, December 6th, 1937 Councilmen Bennett, Clark, Murphy. Nays—None. Absent—Mayor Chalmers. Ordinance No. 18-37. An ordin. ance granting to William J. Can- field, Sr., and William.. J. Canfield, Jr., their successors and assigns, the right to construct and main- tain a canopy over the sidewalk abutting City Lot 523A in the City of Dubuque and prescribing the conditions of such permit, pre- sented and read. Councilman Murphy 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 Pro Tem lane, Councilmen Bennett, Clark, Murphy. Nays—None. Absent—Mayor Chalmers. Councilman Murphy moved to suspend the rules requiring an or- dinance to be read on three sep- arate days. Seconded by Council- man Clark. Carried by the follow- ing vote: Yeas—Mayor Pro Tem Kane, Councilmen Bennett, Clark, Murphy. Nays—None. Absent—Mayor Chalmers. The ordinance was then read a second time. Councilman Murphy moved that the reading just had be considered the second reading of the ordin- ance. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Pro Tem Kane, Councilmen Bennett, Clark, Murphy. Nays—None. Absent—Mayor Chalmers. The following decisions of the City Council relative to various tax petitions requesting exemption and suspension of taxes presented for Council approval: Mrs. Irene Spie- gelhalter requesting exemption of the 1936 taxes on Lot 2 of Sub. 108, Cox's Addition, request for exemp- tion denied but a suspension granted; Frank Seeley requesting suspension of the 1936 taxes on Lots 11 and 12 of Block 5 of Grandview Park Addition, request granted; Mrs. Mary Nicks request- ing suspension of the 1936 taxes on the N. 1/ of S. M. 1-5 of City Lot 487 and the S. % of M. 1-5 of City Lot 487, request granted; Gertrude Waldorf requesting suspension of the 1936 taxes on Lot 81 of L. H. Langworthy's Addition, request ;ranted. Councilman Murphy moved that the decisions of the City Council [)n the various tax petitions be ap- proved and that the Board of Su- pervisors be notified of the action Df the City Council. Seconded by Councilman Bennett. Carried by the following vote: Yeas—Mayor Pro Tem Kane, Councilmen Bennett, Clark, Murphy. Nays—None. Absent—Mayor Chalmers. Councilman Clark m o v e d that the request of Wm. H. Meuser for a refund on penalty charges paid on delinquent special assessments levied against Lot 5 of Brewery Addition, Fund No. 917, be granted and that a warrant in the amount of $108.68 be ordered drawn on the Special Bonded Fund in favor of Wm. H. Meuser to c o v e r the amount of refund granted. Second- ed by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Pro Tem Kane, Councilmen Bennett, Clark, Murphy. Nays—None. Absent—Mayor Chalmers. Councilman Clark moved that the request of Wm. H. Meuser for a refund on penalty charges paid on delinquent special assessments levied against Lots 3, 4, the N. 1/2 of Lot 5, the N. 1/2 of Lot 6, the N. 1/2 of Lot 7 of Schaffner's Sub- division, Fund No. 917, be granted and that a warrant in the amount of $88.93 be ordered drawn on the Special Bonded Fund in favor of Wm. H. Meuser to c o v e r the amount of refund granted. Second- ed by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Pro Tem Kane, Councilmen Bennett, Clark, Murphy. Nays—None. Absent—Mayor Chalmers. Councilman Clark moved that the City Treasurer be authorized to redeem Lots 2, 3, 4, 5 and 6 of Mill's West Dubuque Addition when the City of Dubuque acquires title to said lots. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Pro Tem Kane, Councilmen Bennett, Clark, Murphy. Nays—None. Absent—Mayor Chalmers. There being no further business, Councilman Murphy moved to ad- cial Session, December 6th, 1937 295 journ. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Pro Tem Kane, Councilmen Bennett, Clark, Murphy. Nays—None. Absent—Mayor Chalmers. J. J. SHEA, City Clerk. Clerk. Approved o�i. i�38. L....1938. AAnnta ..QL 7 Councilmen Attest: ....` ... a....... �\ \, City Clerk. Board of Health (Official) Special Session, December Gth, 1937. Board met at 10:15 P. M. Present—Chairman Pro Tem M. R. Kane, Messrs A. M. Bennett; Carl A. Clark, Geo. R. Murphy. Absent—Chairman John K. Chal- mers. Mr. Carl A. Clark moved that Mrs. Mary F. Doyle be granted an Extension of time till April 1st, 1938, for the making of sanitary connections to the North % of City Lot 554 and Lot 2 of City Lot 555 and Lot 4 of City Lot 555. See- ded by Mr. A. M. Bennett. Car- ried by the following vote: Yeas—Chairman Pro Tem M. R. Kane, Messrs A. M. Bennett, Carl A. Clark, Geo. R. Murphy. Nays—None. Absent—Chairman John K. Chal- mers. Resolution and Order of the Board of Health of the City of Dubuque. Resolution No. 137-37. Whereas, Anna Heinz is the own- er of Lot 232, Woodlawn Park Ad- dition to the City of Dubuque (oth. erwise described as 1705 North Al- gona Street, Dubuque, Iowa) ; and Whereas, there is located there- on a building or buildings which are used as a stable or barn for the housing of a horse, junk, old lumber and other materials, said structures being situated within 60 feet of the residence on said lot and within 75 feet of adjoining residences, contrary to and in vio- lation of the Zoning Ordinance of the City of Dubuque; and Whereas, the premises upon which such barns and residences are located arc, maintained in a filthy and unsanitary condition; offensive and noxiousodors are and ated thereby;manure, old lumber are deposited thereon, forming breeding places for rats whicuch premises; and such h premises overrun sare so kept and maintained as to cause annoyance to the adjoining neighborhood and a menace to public health; and Whereas, due to the aforesaid conditions, such premises, as now maintained, constitute a nuisance and must be abated: Now, there. fore, Be, it resolved and ordered by the Board of ty Of Dubuque that Health s the exist 296 Special Session, December 6th, 1937 ing and created as stated in the preamble hereof be and the same is hereby ordered abated. Be it, further, resolved that said Anna Heinz, the owner of the premises upon which such nuisance is being maintained, be and she is hereby ordered to discontinue the keeping of a horse upon said premises within the barn or barns located thereon and to remove from said lot all junk, manure, old lumber and filth creating such nuis- ance; to clean up said premises and exterminate all rats therefrom; and to take such other and further means to render said premises free from such nuisance as may be rea- sonably necessary in the opinion of the Health Director and Sani- tary Officer of the City of Dubuque. Be it further resolved that the removal and abatement of the nuis- ance existing and created, as afore- said, be done and completed on or before January 1, 1938, and if said Anna Heinz should fail or refuse to comply with this resolution and order of the Board of Health and should refuse and fail to abate said nuisance, that her failure to com- ply with this resolution and order be reported to this Board of Health by the Health Director for further appropriate action, including the abatement of said nuisance and the prosecution for violation of this resolution and order. Be it further resolved that the Health Director be and he is here- by ordered to give a written notice of this action of the Board of Health to said Anna Heinz and ac- company such notice with a copy o1 this resolution. Passed, adopted and approved this 6th day of December, 1937. M. R. KANE, Mayor Pro Tem. Attest: J. J. SHEA, Clerk. Mr. Carl A. Clark moved the ad- option of the resolution. Second- ed by Mr. Geo. R. Murphy. Car- ried by the following vote: Yeas—Chairman Pro Tem M. R. Kane, Messrs A. M. Bennett, Carl A. Clark, Geo. R. Murphy. Nays—None. Absent—Chairman John K. Chal- mers. There being no further business Mr. Carl A. Clark moved to ad- journ. Seconded by Mr. Geo. R. Murphy. Carried by the following vote: Teas—Chairman Pro Tem M. R. Kane, Messrs A. M. Bennett, Carl k. Clark, Geo. R. Murphy. Nays—None. Absent—Chairman John K. Chal- mers. J. J. SHEA, Clerk, Board of uHealth. A Approved j u Adopted Q.q�y�,t,p,A„� •e�• ... 1938. Members o Board of "•.'•/.:• Health Attest:,.. ... ..* Cl, `Board of Health. ecial Session, December 20th, 1937 297 City Council (Official) Special Session, December 20th, 1937. Council met at 4:35 P. M. Present—Mayor Chalmers, Coun- cilmen Bennett, Clark, Murphy and City Manager R.homberg. Absent—Councilman Kane. Meeting called by order of May- or Chalmers and Councilman Clark. Mayor Chalmers read the call and stated that service thereof had been duly made and that this meet- ing is called for the purpose of ap- proving applications for Class "B" beer permits and acting on any other business as may properly come before a regular meeting of the City Council. Original Notice of Suit of Lucile McAloon, Plaintiff, VS. City of Du- buque, A Municipal Corporation, Defendant, in the amount of $1,000.00 for personal injuries re- ceived by reason of a fall upon the sidewalk in front of the entrance described as No. 498 Main Street, presented and read. Councilman Bennett moved to re- fer the Original Notice of Suit to the City Solicitor. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Murphy. Nays—None. Absent—Councilman Kane. Notice of Claim of Alma Bau. mann in the amount of $7,500.00 for personal injuries received by reason of a fall upon an icy side- walk in front of the property known as 105 West 13th Street, pre- sented and read. Councilman Bennett moved to re- fer the Notice of Claim to the City Solicitor. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Murphy. Nays—None. Absent—Councilman Kane. Communication of P. S. Fawkes tendering his resignation as a mem- ber of Board of Dock Commission• ers to take effect at once, present" ed and read. Councilman Bennett moved that the resignation be accepted with regret. Seconded by CouncilmaL Clark. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Murphy. Nays—None. Absent—Councilman Kane. Petition of Vern Okey requesting a refund on his cigarette permit as he has sold his tavern located at 521 East 22nd Street and discon- tinued the sale of cigarettes, pre- sented and read. Councilman Bennett moved that the request be granted and that a warrant in the amount of $50.00 be ordered drawn on the City Treasurer in favor of Vern Okey to cover the amount of refund granted on his cigarette permit. Seconded by Councilman Clark. Carried by the following vote: Yeas=Mayor Chalmers, Council- men Bennett, Clark, Murphy. Nays—None. Absent—Councilman Kane. Petition of Andrew Fondell, et al, requesting that a sanitary sewer be constructed' on Shiras Avenue, presented and read. Councilman Clark moved to re- fer the petition to the City Man- ager for investigation and report. Seconded by Councilman Bennett. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Murphy. Nays—None. Absent—Councilman Kane. Petition of Victor W. Nelson re- questing a refund in the amount of $36.47 for interest, penalties and costs paid on delinquent special as- sessments levied against Lot 88 in Finley, Waples & Burton's Addi- tion, Fund No. 903, presented and read. Councilman Clark moved that Victor W. Nelson be granted a re- fund in the amount of $27.53 on penalty charges paid on delinquent special assessments levied against Lot 88 in Finley, Waples & Bur- ton's Addition, Fund No. 903, and that a warrant in the amount of $27.53 be ordered drawn on the Special Bonded Fund in favor of Victor W. Nelson to cover the amount of refund granted. Second- ed by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Murphy. Nays—None. Absent—Councilman Kane. Ordinance No. 19-37 An ordinance amending an ordi- nance entitled: "An ordinance es- tablishing a Building Code for the City of Dubuque; creating the office of Building Commissioner, fixing the salary of said officer and defining the powers and duties of such Building Commissioner, and prescribing penalties for violation thereof," by repealing Section 639 relating to the location of heating plants in theaters, and enacting a substitute therefor, and declaring an emergency, presented and read. 298 Special Session, December 20th, 1937 Councilman Murphy moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Bennett. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Murphy. Nays—None. Absent—Councilman Kane. Mayor Chalmers not voting. Petition of Security Building Company requesting permission to build a loading platform in the al- ley at the rear of their building, presented and read. Councilman Clark moved that the request be granted and that the City Solicitor be instructed to prepare an ordinance covering the construction of said platform. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Ch.t, rrers. Council men Bennett, Clark, Murphy. Nays—None. Absent—Councilman Kane. Petition of Harry Schiltz request- ing the cancellation of interest and penalty on delinquent special as- sessments levied against Lots 5 and 8 of 1 of 7 of Bonson & Stew- art's Subdivision, Fund No. 874, pre- sented and read. Councilman Murphy moved that Harry Schiltz be granted permis- sion to pay the principal of the delinquent special assessments, plus 5% interest per annum and advertising costs, the balance of Interest and penalties to be waived, levied against Lots 5 and 8 of 1 of 7 of Bonson & Stewart's Sub- division, Fund No. 874, and the County Treasurer to be instructed accordingly. Seconded by Council- man Bennett. Carried by the fol- lowing vote: Yeas—Mayor Chalmers, Council. men Bennett, Clark, Murphy. Nays—None. Absent—Councilman Kane. Petition of Harry Schiltz request. ing refund of interest and penalty charges paid on delinquent special assessments levied against Lot 1 of Byrne Sub. No. 2, Funds No, 872 and 877,, presented and read, Councilman Bennett moved that Harry Schiltz be granted a refund In the amount of $21.04 on penalty charges paid on delinquent specia: assessments levied against Lot 1 of Byrne Sub. No. 2, Fund No. 871' and that a warrant in the amount of $21.04 be ordered drawn on the Special Bonded Fund, No. 872 it favor of Harry Schiltz to cover thi amount of refund granted and alse that Harry Schiltz be granted t refund in the amount of $6.00 of penalty charges paid on delinquen special assessments levied agains ,ot 1 of Byrne Sub. No. 2, Fund To. 877 and that a warrant in the mount of $6.00 be ordered drawn n the Special Bonded Fund, No. 77 in favor of Harry Schiltz to over the amount of refund grant - d. Seconded by Councilman Mur - ,by. Carried by the following vote: Yeas—Mayor Chalmers, Council- ien Bennett, Clark, Murphy. Nays—None. Absent—Councilman Kane. Petition of Emory F. Healy, re - erred to the City Council by the loard of Supervisors, requesting uspension of the 1936 taxes on Lot 09 McCraney's ist Addition, pre- iented and read. Councilman Bennett moved to re- er the petition to the City Solic- tor for investigation and report. Seconded by Councilman Murphy. ,arried by the following'vote: Yeas—Mayor Chalmers, Council - nen Bennett, Clark, Murphy. Nays—None. Absent—Councilman Kane. Ordinance No. 15-37 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 "Mul- tiple Residence District" certain defined territory now delimited as "Two -Family Residence District," and declaring an emergency, said ordinance having been passed upon and first and second readings on December 6th, 1937, presented and read a third time. ORDINANCE NO. 15-37. An ordinance amending and chang- ing the Zoning Map of the City of Dubuque as provided for by Ordi- nance No. 3-34. designated "Zoning Ordinance of the City of Dubuque." so as to change to ' Mu'tiple Resi- dence District" certain deflned ter- ritory now delimited as "Two -Family Residence District," and declaring an emergency. WHEREAS, it is deemed advisable by this Council to amend the Zon- ing Map of the City of Dubuque as provided for by Ordinance No. 3-3t. designated as "Zoning Ordinance of the City of Dubuque," so as to change to "Multiole Residence Dis- trict" certain defined territory now delimited as "Two -Family Residence Di^trice: and WHEREAS. notice of suer. proposers change has been published as pro- vided by law and an opportunity has been afforded to all interested par- ties to object thereto at a pnhl+c meeting held on November 15, 1937; anr1 WHEMEAS, no ohjectlons have been fired to the proposed changes; NOW, THEREFORE, Pe it ordained by the Council of the City of Tnnhunue: PARAGRAPH 625. Section 1. That the Zoning Map be and the same is hereby amended and changed as fol- lows: by chaneincr from "Two -Fam- ily Residence District" to "Multiple Special Session, December 20th, 1937 299 Residence District" all of the lots, lands and parcels of real estate ly- ing within an area bounded on the south by the center line of West 3rd Street; on the north, by the center line of West 5th Street: on the east, by the center line of Bluff Street; and on the west, by the cen- ter line of R+,rch Street. PARAGRAPH 626. Section 2. This ordinance being deemed urgent and of immediate necessity, shall be In force and effect from and after its final passage, adoption and ap- proval by the City Council and pub- lication as provided by law. Passed upon first and second read- ings this 6th day of 'December. 11117. Passed, adopted and apnroved this 20th day of December, 1937. JOHN K. CHALMERS, Mayor. CARL A. CLARK. GEO. R. MURPHY, A. M. BENNETT, Councilmen. Attest: J. J. SHEA, City Clerk. Pujius-he,i officially in The Tele- graph-'T,erald newspaper, 'December 22nd. 1937 J. J. SHEA. 12-22-1t. City Clerk. Councilman Clark moved the ad- option of the ordinance. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Murphy. Nays—None. Absent—Councilman Kane. been filed to the proposed changes; NOW, THEREFORE, Be it ordained by the Council of the City of Dubuque: PARAGRAPH 627 Section 1. That the Zoning Map be and the same is hereby amended and changed as fol- lows: by changing from "Single - Family Residence District" to "Local Business District" the south 40 feet of Lots 81 and 82 of Union Addition to the City of Dubuque. PARAGRAPH 628 Section 2. 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 provided by law. Passed upon first and second read- ings this 6th day of December, 1937. Passed, adopted and approved this 20th. day of December, 1937. John K. Chalmers, Mayor. Carl A. Clark, Geo R. Murphy. A. M. Bennett, Councilmen. ATTEST: J. J. Shea, City Clerk. Published officially in The Tele- graph -Herald newspaper, December 22nd., 1937. 12-22-1t. J. J. Shea. City Clerk. Ordinance No. 16-37 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 "Lo- cal Business District" certain de- fined territory now delimited as "Single -Family Residence District," and declaring an emergency, said ordinance having been passed up- on first and second readings on December 6th, 1937, presented and read a third time. ORDINANCE NO. 16-37 An ordinance amending and chang- Ing the Zoning Map of the City of Dubuque as provided by Ordinance No. 3.-34, designated "Zoning Ordi- to nchangece of h to i"Locall Buof siness sD es trict" certain defined territory now delimited as "Single -Family Residence District," and declaring an emerg- ency. 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 'Local Business District" certain Mined territory now delimited as "Single -Family Residence District"; and WHEREAS, notice of such proposed change has been published as pro- vided by law and an opportunity has been afforded to all interested parties to object thereto at a public meeting held on December 6, 1937; and WHEREAS, no objections have Councilman Murphy moved the adoption of the ordinance. Second- ed by Councilman Clark. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Murphy. Nays—None. Absent—Councilman Kane. Ordinance No. 17-37 An ordinance granting to Du- buque Packing Company, its stic- cessors and assigns, the right to construct and maintain an unload- ing platform on Sycamore Street; prescribing the conditions of such permit, said ordinance having been passed upon first and second read- ings on December 6th, 1937, pre- sented and read a third time. ORDINANCE NO. 17-37. An ordinance granting successors to Dubuque Packing Company, assigns, the right to construct and maintain Street 1 p els � ibingf the con orm 1 Sycamore ditioiis of such permit. Be it ordained by the City Council of the City of Dubuoue: PARAGRAPH 629, Section 1. That the Dubuque Packing Company, Its successors assigns t Is hereby granted thrii right and au- thority to construct and maintain an unloading platform on Sycamore Street abutting Lots 425, 426 and 427 in Fast Dubuque Addition No. 2, such unloading platform to be 12 feet wide and lots, the same efull width to be in connec- tion nnec-tion with the operation of the busi- ness of said company, said structure t" h� built under the supervision of the Building Commissioner of the City of Ilnhunne. PARAGRAPH 630, Section 2. It Is underi htratood lirense nand rpermission vided ttosuse such street Is subiect to the continuous control of the City Coun. 300 Special Session, December 20th, 1937 cil of this City, reserving the. right to impose restrictions or conditions upon the enjoyment thereof as may be reasonably necessary for the protec- tion of the public interests, including the right to revoke and rescind such permission if at any time the public interest should require such revoca- tion. If and when such permit, right and license is revoked by the Coun- cil, said Dubuque Packing Company, its successors and assigns, shall re- move such unloading platform at its own expense and restore such part of the street as has been occupied thereby to the same condition it was in prior to the construction of such platform. PARAGRAPH 631, 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 and the rights hereunder shall accrue to said Dubuque Pack- ing Company, its successors and as- signs, when the provisions hereof shall have been accepted by said company. Passed upon first and second read- ings this 6th day of December, 1937. Passed, adopted and approved upon final reading this 20th day of De- cember, 1937. JOHN K. CHALMERS, Mayor. CARL A. CLARK, GEO. R. MURPHY, A. M. BENNETT, Councilmen. Attest: J. J. SHEA, City Clerk. ACCEPTANCE BY DUBUQUE PACKING COMPANY. The Dubuque Packing 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 "Ordi- nance No. 17-37. An ordinance granting to Dubuque Packing Com- pany, its successors and assigns, the right to construct and maintain an unloading platform on Sycamore Street; prescribing the conditions of such permit" this 21st day of Decem- ber, 1937. DUBUQUE PACIiING COMPANY, By H. W. WAHLERT, President. Published officially in The Tele- graph -Herald newspaper, December 22nd, 1937. J. J. SHEA, 12-22-1t. City Clerk. Councilman Clark moved the ad- option of the ordinance. Second- ed by Councilman Bennett. Car. ried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Murphy. Nays—None. Absent—Councilman Kane. Ordinance No. 18-37 An ordinance granting to Wil- liam J. Canfield, Sr., and William J. Canfield, Jr., their successors and assigns, the right to construct and maintain a canopy over the sidewalk abutting City Lot 523A in the City of Dubuque and prescrib- ing the conditions of such permit, said ordinance having been passed upon first and second readings on December 6th, 1937, presented and read a third time. ORDINANCE NO. 18-37 An ordinance granting to William J. Canfield, Sr., and William J. Can- field,Jr., their successors and as- signs, the right to construct and maintain a canopy over the side- walk abutting city lot 523A in the City of Dubuque and prescribing the conditions of such permit. Be it ordained by the City Council of the City of Dubuque: PARAGRAPH 632 Section 1 That William J. Canfield, Sr., and William J. Canfield, Jr., their successors and assigns, be and they are hereby grant- ed the right and authority to con- struct and maintain a canopy over the sidewalk abutting city lot 523A, the same to be attached to the build- ing located upon said lot and con- structed over the entrance to the hotel located thereon, said canopy to be built under the supervision of the Building Commissioner of the City of Dubuque. PARAGRAPH 633 Section 2. It is understood and provided that such right, license and permission is sub- ject to the continuous control of the City Council of this City, reserving the right to impose restrictions or conditions upon the enjoyment there- of as may be reasonably necessary for the protection of the public interests, including the right to revoke and re- scind 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 Council, said William J. Canfield, Sr., and William J. Canfield, Jr., their successors and assigns, shall re- move such canopy at their own ex- pense and restore such part of the sidewalk as has been occupied there- by to the same condition it was in prior to the construction of such canopy. PARAGRAPH 634 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 William J. Canfield, Sr., and William J. Canfield, Jr., their successors and assigns, when the provisions hereof shall have been accepted by them. Passed upon first and second readings this 6th. day of December, 1937. Passed, adopted and approved upcln final reading this 20th day of Decem- ber, 1937. John K. Chalmers, Mayor. Carl A. Clark, Geo. R. Murphy, A. M. Bennett, Councilmen. Attest: J. J. Shea, City Clerk. ACCEPTANCE BY WILLIAM J. CANFIELD, SR., and WILLIAM J. CANFIELD, JR. William J. Canfield, Sr., and Wil- liam J. Canfield, Jr., do hereby ac- cept the terms, provisions and con- ditions of the ordinance adopted by the City Council of the City of Du- buque designated as "Ordinance No. 18-37. An ordinance granting to William J. Canfield, Sr., and William J. Canfield, Jr., their successors and assigns, the right to construct and maintain a canopy over the sidewalk abutting city lot 523A in the City of Dubuque and prescribing the condi- Special Session, December 20th, 1937 301 tions of such permit" this 21st day of December, 1937. Wm. J. Canfield, Sr. Wm. J. Canfield, Jr. Published officially in The Tele- graph -Herald 'newspaper, December 22nd., 1937. 12-22-1t. J. J. Shea, City Clerk.. Councilman Bennett. moved the adoption of the ordinance. Second- ed by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Murphy. Nays—None. Absent—Councilman Kane. Communication of Wm. L. Ryan, Chief, Department of Fire,. request- ing that the matter of outside ser- vice of the Fire Equipment and City Ambulance be given consider- ation by the City Council and that instructions be given on how to proceed in the future with such service, presented and read. Councilman Clark moved that the City Manager, Chief of Fire Department and City Solicitor be instructed to prepare a set of rules regulating the use of Fire Equip- ment and City Ambulance outside of the City Limits and that the Chief of the Fire Department be instructed to discontinue the send- ing of Fire Equipment outside of the City Limits, except in the case of an institution, until said rules are prepared and approved. Sec- onded by Councilman Bennett. Car- ried by they following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Murphy. Nays—None. Absent—Councilman Kane. December 15, 1937. Honorable Mayor and City Council,. Dubuque, Iowa. Gentlemen: At a regular meet- ing of the Playground and Recrea- tion Commission held last evening the director of recreation was auth orized to inform the City Council that the Recreation Commission recommends the appointment o Mr. Herbert J. Neenan, 510 South Grandview Avenue to fill the va- cancy caused by the resignation o Mr. George J. Roeps ours, Sincerely Y CARL GRABOW, Recreational. Director Councilman Clark moved tha the communication of the Recr ational Director be made a matte of record. Seconded by Councilma Bennett. Carried by the followin vote: Yeas—Mayor Chalmers, Counci men Bennett, Clark, Murphy. Nays—None. Absent—Councilman Kane. Councilman Clark moved th Mr. Herbert J. Neenan be appoin ed as a member of the Playground and Recreation Commission to fill the unexpired term of George J. Roepsch, who recently reigned, said term ending July 10th,. 1940. Seconded by Councilman Bennett. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Murphy. Nays—None. Absent—Councilman Kane. December 8, 1937. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I am submitting herewith reports of the City Audi- tor, City Treasurer and City Water Department for the month of No- vember, 1937, also list of claims and list of payrolls for which war- rants were drawn during the month of November, 1937. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Clark moved that the reports be received and placed on file. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Murphy. Nays—None. Absent—Councilman December 20> 1937. To the Honorable Mayor and City Council, Gentlemen: This is to advise that I have approved the follow- ing policies and desire to have your approval on same for filing: EXCAVATION Frank G. Braconier, 1091 Julien Avenue—Policy No. YE 3327, Lon- don Guarantee & Accident Co., Ltd. SIGNS Ray W 1048wards MainStmet (Crescent Sweet Policy Shop) , No. 19933, Employers Mutual Cas- ualty Co. Palace Theatre, 506 Main Street f —Policy No. PL 53184, Bituminous Casualty Corporatidh. f Singer Sewing Machine Co., 585 171, Bituminain ous Casualty Corporatreet—policy No. PL ion. Charles Landon, 245 West 8th Street—Policy No. o• L. & T 2202168, Continental Casualty Co- t Appel -Higley Electric Co., 962 e- Main Street—Policy No. GPL r 107988, Massachusetts Bonding & n Ins. Co. g Mary Coates (Goatee Beauty Shop), 1324 Central, icy No. ILO 55792, Great American Indemnity Co. Wm. Schaffhauser (St. George Hotel), 576 Central Avenue--POI, at icy No. IOT 1435, The Fidelity & t- Casualty Co. 302 Special Session, December 20th, 1937 Louis .Rotman (Dubuque Auto Exchange & Salvage Co.), 301.335 Iowa Street—Policy No. GL 3410, The Hoosier Casualty Co. De Maio Bros., 625 Main Street, Policy No. ILO 55785, Great Amer- ican Indemnity Co. Tri-State Advertising Service, Inc., signs at the following loca- tions: Dr. C. E. Rivers, 718 Main Street; Coney Island Lunch, 720 Main Street—Policy No. OLT 5325, Fireman's Fund Indemnity Co. Barnsdal•1 Refining Corporation, signs at following locations: Theis- en Battery Co., 330 8th Avenue; Barnsdall Refining Corp., 4th Street Extem3ion; Grandview Service Sta- tion, Grandview and Delhi; Barns- dall Refining Corp., 6th and Cen- tral Avenue; Barnsdall Refining Corp., 14th and Jackson Streets; Gibson Service Station, Asbury Road—Policy No. ILO 55793, Great American Indemnity Co. John C. Beck, 1501 Central Avenue—Bond No. 94059, Western Surety Co. Respectfully submitted, A. A. Rhomberg, City Manager. Councilman Clark moved that the bonds and policies be approved and placed on file. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Murphy. Nays—None. Absent—Councilman Kane. Resolution No. 138-37 Whereas, applications for "B" Beer Permits have been submitted to this Council for approval and the same have been examined: Now, therefore, Be it resolved by the Council of the City of Dubuque that the 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 Vern Okey, 431 Rhomberg Av- enue. Passed, adiopte(V and approved this 20th day of December, 1937. JOHN K. CHALMERS, Mayor. CARL A. CLARK, GEO. R. MURPHY, A. M. BENNETT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Clark moved the ad- option of the resolution. Second- ed by Councilman Murphy. Car. ried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Murphy. Nays—None. Absent—Councilman Kane. Resolution No. 139-37 Whereas, heretofore applications were filed by the within named ap- plicants for "B" Beer Permits and they received the approval of this Council; and Whereas, the premises to be oc- cupied by them have been in- spected 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 di- rected to issue to the following named persons a Beer permit: CLASS "B" PERMIT. Name. Address. Vern Okey (New), 431 Rhomberg Avenue. Harold A. Casey (Renewal), 1097 Jackson Street. Peter J. Kress (Renewal), 41 West 7th Street. Be It Further Resolved that the bonds filed by such applicants be and the•sam.e are hereby approved. Passed, adopted and approved this 20th day of December, 1937. JOHN K. CHALMERS, Mayor. CARL A. CLARK, GEO. R. MURPHY, A. M. BENNETT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Bennett moved the adoption of the resolution. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Murphy. Nays—None. Absent—Councilman Kane. Councilman Clark moved that the request of Emory F. Healy, for a suspension of the 1936 taxes on Lot 109 of McCraney's 1st Addi- tion, be granted and the Board of Supervisors to be notified of the action of the City Council. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Murphy. Nays—None. Absent—Councilman Kane. Verbal report of City Solicitor Czizek recommending the settle- ment of the personal injury claim Of John Schoeberl in the amount of $25.00 for injuries sustained in 7 Special Session; December 20th, 1937 a fall at the intersection of Eighth Avenue and Main Street, said fall resulting from the operation of the street -flusher causing water to fall upon said street and ice to form from said water, and that a war- rant in the amount of $25.00 be ordered drawn on the City Treas- urer in favor of E. H. Willging, Attorney, as settlement in full of the personal injury claim of John Schoeberl, presented. Councilman Clark moved that the recommendation of City Solic- itor Czizek be approved and that a warrant in the amount of $25.00 be ordered drawn on the City Treasurer in favor of E. H. Will - ging, Attorney, as settleemnt in full of the personal injury claim of John Schoeberl. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Chalmers, Council men Bennett, Clark, Murphy. Nays—None. Absent—Councilman Kane. Resolution No. 140-37 Whereas, the earnings of the Du- buque City Water Department at this time warrant the transfer of the sum of $20,000.00 from the General Fund of such department to the Sinking Fund herecreated for the purpose of paying interest and principal upon out- standing bonds; Now, Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that the Auditor be and he is hereby directed to draw a warrant upon the Treasurer against the Water Department General Fund in the Sum of $20,000.00, and deposit suer sum to the credit of the Sinkin€ Fund 303 Murphy. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Murphy. Nays—None. Absent—Councilman Kane. J. J. SHEA, City Clerk. G1 t� Approved �Vn 5�•.QF../.... 1� S. Adopted .1�9+3+8 _ . � .... vi Councilmen: ......... .... .............. ........ Attest: ..... ......�'• City Clerk. Passed, adopted 'and approved this 20th day of December, 1937. JOHN K. CHALMERS, MayoCARL A. CLARK, GEO. R. MURPHY, A. M BECouncilmen. Attest: J. J. SHECity C1eTk. Councilman Clark moved the Sec- onded by Councilman Bennett. Car- ried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Murphy. Nays—None. Absent—Councilman Kane. There being no further business, Councilman Clark moCouncilman ad- journ. Seconded by 71 �n d OF �L� K i��. � � U��enr ur) cl CC C, r cl� Uco It I�;�• �d OFFICIAL PROCEEDINGS OF THE CITY COUNCI OF THE CITY OF DUBUQUE, IOWA For the Year City Officers for the Year I938 Y COUNCILMEN CARL A. CLARK, Mayor GEO. R. MURPHY FRANK VAN DUELD F. W. THOMPSON ALBERT WHARTON City Clerk, J. J. SHEA City Solicitor, AL. J. Nl,,ILSa City Manager, A. A. RHOMBERG City Treasurer— Chief of Police— OTTO F. PULS JOHN W. GIELLIS City Auditor-- Health Director— R. P. MARSHALL DR. W. J. CONNELL Chief. of Fire Department— WILLIAM L. RYAN Sanitary Officer— JOSEPH T. SCHARRY City Electrician— JOSEPH CORRELL Milk Inspector— V. F. CHAPMAN Police Judge— LOUIS F. FAUTSCH Food and Restaurant Inspect Plumbing Inspector— MRS. ALMEDA TIMM( D. J. O'LEARY Market Master— Electrical Inspector— C. J. McCARTHY OTTO BETHKE Building Commissioner— Recreational Director--m- irector=HARRY HARRYH. HOWIE CARL GRABOW City Assessor— Superintendent of Water We GEORGE BENNETT J. J. HAIL Regular meetings of the City Council are held the first Monday of mouth at 7:30 o'clock p. m. INDEX—Book 68 1938 SUBJECT Pl A Jan. 24—Amesbury Dorcas, notice of claim...................................... 5- 24—American Legion Auxiliary, requesting permission for holding Annual Poppy Day Sale.................................. Feb. 7—Atkinson Rachel, settlement of claim................................ Mar. 7—Alley first east of Grandview Avenue from South Hill Street north, relative to whether the same is to be vacated or remain unopened................................ 22—Auxiliary of the General Fitzhugh Lee Camp of United Spanish American War Veterans, request- ing permission to hold a tag day................................ 22—Amateur Baseball League, requesting to have Base- ball Park repaired and ready for opening game.... " 22—American Legion Auxiliary, requesting permission to install hospital signs..................................................... 6' Apr. 4—Appointment of Officers by the City Council................ 4—Appointment of Officers and Employees by City Man- ager....................................................................................... 71 4—Appointment of Telegraph-Herald as the official news- paper of the City of Dubuque...................................... 4—Appointment of Banks as depositories of City Funds 4—American Trust and Savings Bank, appointed as a de- pository of City Funds.................................................... 4—Appointment of John H. Weimer, Eugene Forward and Robert Clancy as members of the Board of Review 4—Adams Waldo, Park Commissioner, bond of.................. May 2—Abbey Mattie E., agreement on vacation of alley in the rear of Lot 331 Woodlawn Park ........................ June 30—American Legion Drum Corps, requeisting permis- sion to suspend a banner across Main Street........ 30—Anthony Theodore E., granted Class "B" beer permit 131• 30—American Legion, granted Class "B" beer permit.... 132• " 30—Apel Merlin, renewal of cigarette permit........................ 30—American Legion, granted cigarette permit.................... July 5—Amodeo Joseph, granted Class "C" beer permit............ 12—Abbott Street, requesting the extension of same from Lowell Street to Seminary Street and properly grad- ing the same, and also that Lowell Street be re- paired....................................................................................143.155• 20—Adams Charles, complaining of the disturbance being created at the dine and dance tavern known as Ar- cade Tavern and stating that minors are employed atthis tavern...................................................................... Aug. 1—Atkinson G. H., et al, requesting that electric service be extended to their residences on Maple Island .164-176, 30—Agreements between the City of Dubuque and mem- bers of the Police and Fire Departments who have contributed to the Pension Funds....................199-200-204-205. Sept. 6—Approval of C. B. Murtagh, State Comptroller, of Reso- lution No. 88-38 and application for temporary transfer of $40,000.00 from the Water Works Sink- ing Fund to the Waterworks General Fund............ 6—Armstrong John A., granted Class "B" beer permit...... 208 Oct. 3—Approval of C. B. Murtagh, State Comptroller, of Reso- lution No. 101-38 and application for permanent transfer of $7,355.66 from the Emergency Fund to the General Fund............................................................ Dec, 13—Avon Theatre, requesting permission for the building and maintenance of a new marquee ......................268-274-279 " 19—Appel-Higley Elec. Company, sign bond........................ so Noma INDEX—Book 68 1938 SUBJECT Page 33 Jan. 3—Bull Edwin, requesting a refund on penalty and in- at West 12thStreet .................... ...............................38 -85-99.106 " 7—Board of Health, report for month of January, 1938.... 39 " 7—Barrington Wm. and Glenn Miller, granted Class "B" terest charges paid on delinquent special assess- beerpermit ........................... ..................................... " 7—Board of Health, Special Session 42 ments.................................................................................... 3 " 3—Beyer Mrs. E. H., requesting a refund on cigarette Lot 2 of Lot 1 of Min. Lot 319 .................................... " 19—Buettell Brothers Company, 47 permit.......................................................... 3 " 3—Bartels Ed. C., requesting fire protection for his pro- chase of City property located at 1801 Prescott Street........................ perty at Center Grove one mile west of Dubuque.... 3 3—Board of Health, report for month of November, 1937 4 Feb. 7—Board „ of Health, report for month of December, 1937 16 7—Berk Max, sign bond ........................................................ .... 17 " 7—Bock " George F. and Emil M., sign bond ...................... 17 7—Billis Gust, transfer of Class "B" beer permit ................ 19 Mar. 5—Budget for the fiscal year 1938 ................................23-24-25-26-27-28 " 29-30-31-32-33-34-55-56-57-58-59-60-61-62-63-64-65-66 81 7—Bennett Street, request for routing bus service over westerly line of the railroad tracks crossing Blocks 19 and 20 in Du- buque Harbor Improvement Company's " said street .................................. 35 7—Bennett Stephen et aI, objecting to the routing of " bus service over Bennett Street .................................. 35 7—Busch Mary, Administratrix of the Estate of Her- " man H. Busch, deceased, original notice of suit...... 36 7—Baumann Alma, notice of suit ................................................ 36 7—Braconier F. G., bill in the amount of $8.47 ordered paid 36 7—Breithaupt Ernest P., submitting an offer for the pur- chase of City property located at 1801 Prescott 7—Bertsch Street...................................... H. T., requesting the restoration of street lights on Sun t Rid „ se go .................................................... 7—Butt Homer V., requesting permission to construct a platform on the property located 133-135 37-119 at West 12thStreet .................... ...............................38 -85-99.106 " 7—Board of Health, report for month of January, 1938.... 39 " 7—Barrington Wm. and Glenn Miller, granted Class "B" beerpermit ........................... ..................................... " 7—Board of Health, Special Session 42 ............. " it—Becke Benjamin, quit claim deed of the westerly 25 45 feet of Lot 10 of Lot 3 also of Lot 1 of Lot 1 also Lot 2 of Lot 1 of Min. Lot 319 .................................... " 19—Buettell Brothers Company, 47 requesting the interpreta- tion of the State Law on the sale of fireworks........ " 49 19—Brown Mrs. John S., submitting an offer for the pur- chase of City property located at 1801 Prescott Street........................ 22—Birch Donald R., claim for personal injuries ............... " 22—Beresford Arnold, claim for personal injuries received 53 66-217 by his Wife Mrs. Arnold Beresford .............................. " 22-13urkhart, Otto, claim for damages to automobile........ 67-129 22—Board of Health, report for month of February, 1938 22—Barrett H. L., "B" 67 68 granted Class beer permit............ " 29-13raun Mr„ suggesting that an application be submitted 69 to Works Progress Administration for the construc- tion of a sanitary sewer in Shiras Avenue............ Apr. 4—Beldler James M., submitting application for the office 71 of Assessor .................................. 4—Boettcher Mrs. Walter, claim for personal injuries.... 4—Billie 77 Al., sign policy ................................................ Gust, " 4—Billie Gust, sign policy so 81 19—Becker Felix G. and E. J. Voggenthaler, requesting that Wall Street commencing 81 with the south line Of East Seventh Street to the westerly line of the railroad tracks crossing Blocks 19 and 20 in Du- buque Harbor Improvement Company's Addition be vacated and conveyed to said petitioners ................ 84-120 INDEX—Book 68 1938 SUBJECT Page B " 19—Boesen Mrs. Anna, suspension of 1937 taxes............ 85-219 " 21—Board of Health, report for month of March, 19'38.... 89 " 21—Breithaupt Ernest, purchase of the southeasterly 150 feet of Lot 593 in Eagle Point or Ham's Addition.... 89 " 25—Black and White Cab and Transportation Company objecting to Daylight Savings Time ........................ 91 " 25—Board of Dock Commissioners, resolution on resigna- tion of Mr. Albert Wharton as member of Board of Dock Commissioners........................................................ 91 May 2—Byrne Mrs. Elizabeth, requesting exemption of the 1937 tax on Lot 20of Bonson & Stewart's Sub....... 95 " 2—Board of Health, Special Session .................................... 101 " 20—Barrett Mrs. Ethel Mae, granted Class "Cl' beer permit.........:........................................................................ 102.103 " 20—Buse Elwood, granted Class "B" beer permit............ 102-103 " 20—Bus routes, report of City Solicitor on proposed changes................................................................................ 108-109 June 6—Bircher Mrs Laura, claim for personal injuries........ 111-199 " 6—Burkart Otto, original notice of suit .................................. 111 " 6—Buell & Winter Engineering Company, stating that they would like to make up an application for a sewage treatment plant .................................................. 111 " 6—Burden George R., agent for Viola Rider Burden et 91, requesting permission to construct an unloading platform in the alley in the rear of the south 7 feet of City Lot 28A and the North 33 feet of City Lot 27............................................................................................113-126-127 " 6—Board of Health, report for the month of April, 1938 118 " 6—Board of Health, Special Session ................................... 122 " 30—Barrett Harold, notice of claim .......................................... 123-198 " 30—Beck Gabriel P., notice of claim ........................................ 123-198 " 30—Board of Review, report of ................................................. 127 " 30—Beecher Joseph A., granted Class "B" beer permit.... 131-132 " 30—Bertsch Joseph J. and M. C. Mai;. granted Class "B" beer permit ................................ :....................................... 131-132 " 30—Bowman Mrs. Lloyd., granted Class "B" beer permit.... 131-133 " 30—Buelow Clarence C., granted Class "B" beer permit.... 131-133 " 30—Brodeur Norbert W., granted Class "B" beer permit.... 131-133 " 30—Berwick George, granted Class "B" beer permit............ 131-133 " 30—Berntgen Frank H., granted Class "B" beer permit.... 1.32-133 " 30—Bertsch Joseph J. and M. C. Mai, renewal of cigarette permit....................................................................:............... 134 " 30—Berg Payson, renewal of cigarette permit .................... 134 " 30—Brodeur Norbert W., renewal of cigarette permit........ 134 " 30—Beck John C., renewal, of cigarette permit ................ 134 " 30—Braun Henry C., renewal of cigarette permit ........ :....... 134 " 30—Busy Bee Cafe, granted cigarette permit ....................... 135 " 30—Bradley Elmer R., granted cigarette permit ................ 135 " 30—Billis Gust, granted cigarette permit ........................... I.... 135 " 30—Buelow C. C., granted cigarette permit .......................... 135 " 30—Baumhover Pharmacy, granted cigarette permit.......... 135 July 12—Board of Trustees of the Police Pension and Retire- ment System certifying the such of $10,000.00 for taxpurposes........................................................................ 141 " 12—Board of Trustees of the Fire Pension and Retirement System certifying the sum of $17,000.00 for tax purposes................................................................................ 141 " 12—Board of Trustees of the Public Library certifying the sum of $30;000.00 for tax purposes ...................... 141 " 12—Board of Dock Commissioners certifying a tax levy of one-half mill for tax purposes ............................ 141 " 12—Board of Health; Special Session ........................................ 152 INDEX—Book 68- 1938 SUBJECT page " 20—Budget estimate of expenditures for the fiscal year from April 1, 1939 and ending March 31, 1940, as a basis for the tax levy for the year 1938....153-154-171-•172-173 " 20—Badger Mrs, John, suspension of 1937 taxes .................. 155-219 " 20—Beaves, George I., excavation bond ...................................... 156 " 20—Breithaupt Philip, excavation bond .................................... 156 " 20—Bennett George, City Assessor, bond of ............................ 156 " 20—Belsky Motor Company, sign bond ................................ 157 " 20—Blatz Brewing Company, sign bond .................................... 157 " 20—Burden George R., wrecking bond .................................... 168 " 20—Blum William, granted Class "B" beer permit............ 160-168 " 20—Bertsch Jos. J., protesting to the disturbance being created from the dine and dance permit being operated at Norton's Tavern adjoining the Mer- chantsHotel...................................................................... 161 Aug. 1—Berg Payson, granted Class "B" beer permit ................ 168 " 1—Board of Health, Special Session ...................................... 170 " 11—Brake J. P., requesting that Warning Signs marked Blind with White Canes have Right -of -Way, be placed on stop -light posts and on each approach to theCity................................................................................171-172-241 " 11—Berwick George, transfer of Class "B" beer permit.... 179 " 11—Bradley Katherine W., granted the right to construct and maintain an unloading platform in the alley abutting City Lot 25 ........................................................180 -187-188 " 18—Barrett Milo, granted Class "B" beer permit ................ 185 " 30—Board of Health, report for month of July. 1938........ 195 Sept. 6—Billis Gust, granted Class "B" beer permit ................ 208-216 " 20—Burke Richard J., excavation bond .................................. 215 " 20—Bethke Otto F., Electrical Inspector, bond ...................... 215 ' 23—Beresford Elsie, original notice of suit ............................ 220 " 23—Board of Health, report for month of August, 1938.... 221 Oct. 3—Bartels Edward C., requesting fire protection for his property located on Highway 20 .............................. 226 " 7—Burden Geo. R., requesting permission to install and maintain a merchandise chute in the sidewalk in front of the northerly part of the new building " erected at 6th and Locust Streets .......................... 230 24—Bull Edwin L. and John Walbrun, requesting that side- walks be laid between the walks at 1875 St. Joseph Street and the intersecting walks at Fremont " 24 Avenue Avenue......................................... . ........ ................................ of Health, report for the month of September, 234-243 Nov. 7—Blum 1938 ..................... Morris and William Maas, renewal of Class "B" 234 ' 7—Barrington beer permit ........................................................................ Wm. and Glenn Miller, 247 renewal of Class "B" beer permit 7—Brownell " ............. Howard D., renewal of Class "B" beer permit 247 247 17—Bonz Julius, notice of claim " 17—Benda ...................... Mr. and Mrs. James, objecting to the petition 260.272 of the Dubuque Packing Company .............................. " 17—Braconier Frank G., excavation bond ................................ 250 251 28—Board 28—B. of Health, report for month of October, 1938 & G. Battery & Electric Company, 256 Dec. 5—Benn sign bond........ Dr. Raymond M., appointed as a member of 256 Memorial Commission " 19—Boy ................... ..... Scouts of America �� bial "' Boy Scout calendar to Mayors Members the 260 (, f City Council and City Officials ,� .............................................. 271 27—Board report for monthOfNovember, 1938 272 280 INDEX—Book 68 1938 SUBJECT Page C Jan. 3—City Council, Regular Session ............................................ 1 3—Catholic Daily Tribune, submitting offer to print the Council Proceedings in pamphlets ............................. 3 " 24—City Council, Special Session .......................................... 5 " 24—Corzine, C. S. et al, requesting bus routing over St. Joseph Street, Algona Street and Bennett Street also that St. Joseph Street be given a treatment of tar and gravel............................................................ 6-17 " 24—Council Proceedings for the months of November and December, 1937, approved as printed ........................ 7 " 24—Claims for month of November, 1937, proof of pub- lication.................................................................................. 7 " 24—City Auditor, City Treasurer and City Water De- partment, reports for month of December, 1937.... 7 " 24—Claims for month of December, 1937 ............................ 7 " 24—Council Proceedings, bids for the printing of the index and binding of same for the year 1937........ 9-41 Feb. 7—City Council, Regular Session .......................................... 13 " 7—Claims for month of December, 1937, proof of publi- cation.................................................................................... 16 " 7—Continental Oil Company, sign bond .................................. 17 Mar. 5—City Council, Special Session ............................................ 23 " 5—Consolidated tax levy, appropriation of .......................... 33 " 7—City Council, Regular Session .......................................... 35 " 7—Clancy Mary, original notice of suit ................................ 36 " 7—Council Proceedings for month of January, 1938, ap- proved as printed............................................................ 39 " 7—City Auditor, City Treasurer, City Water Department, • reports for the month of January, 1938 ...................... 41 " 7—Claims for the month of January, 1938 ............................ 41 " 7—Columbia Museum Catalogue, Mayor authorized to execute the Federal Writers Project application for permission to publish guide material ............................ 44 " 11—City Council, Special Session ............................................ 46 11—City Auditor, City Treasurer, City Water Department, reports for the month of February, 1938 .................... 47 " 11—Claims for the month of February, 1998 ............................ 47 " 11—Connell W. J., Director of Health, requesting that the previous appropriation of $1,200.00 given to the Visiting Nurse Association be made available for the Health Department to carry on their Commun- icable Disease Program ................................................ 47-54 " 19—City Council, Special Session .............................................. 48 " 22—City Council, Special Session .............................................. 54 " 22—Claims for month of January, 1938, proof of publication G5 " 22—Civil Service Commission, submitting eligible list for appointments: Supt. of Water Dept.; Head Public Health Nurse; City Electrician; Plumbing Inspec- tor; Electrical Inspector, Milk Inspector; Sewer Foreman; Food and Restaurant Inspector ................. 6S " 29—City Council, Special Session .............................................. 70 " 29—Claims for month of February, 1938, proof of publi- cation.................................................................................... 72 Apr. 4—City Council, Regular Session ............................................ 77 " 4—Clark Councilman, elected Mayor for ensuing year.... 77 " 4—Clancy Robert, appointed as member of Board of Review.................................................................................. 79 4—Cleaver Edward T., excavation bond ................................ 81 " 4—Curtis-Straub Company, excavation bond .......................... 81 " 4—Central Motor Company, sign policy .................................. 81 4—Coca-Cola Bottling Co., sign policy .................................... 81 " 4—Corbett & Scott, sign policy ................................................ 81 INDEX—Book 68 1938 SUBJECT Page C " 4—Czizek City Solicitor, annual report .................................. 82 " 19—City Council, Special Session .............................................. 84 " 19—Costa Joe, requesting a refund on cigarette permit.... 85 " 19—City Auditor, City Treasurer and City Water De- partment, reports on month of March, 1938............ 85 " 19—Claims for the month of March, 1938 ............................ 85 " 19—City Treasurer, annual report ............................................ 85 " 21—City Council, Special Session .............................................. 88 " 25—City Council, Special Session ............................................ 91-93 May 2—City Council, Regular Session .......................................... " 95 2—Claims for month of March, 1938, proof of publica- tion............................................................................... " 2—Council Proceedings for month of February, 1938, ap- 96 proved as printed ...................... " 96 2—Curtis Amelia, agreement on vacation of alley be- tween Lots 328 and 329 Woodlawn Park and Lot 165 in Finley Addition .................................................... 99 20—City Council, Special Session ......................... "' ' "' 102 20—City Market, re requesting q g permission to build a plat- la form in the alley in the rear of their building at 13th and Central Avenue..........................................105-121-130-145 " 20—Cox Mrs. Anna T. et al, requesting that steps be taken to end the menace to health caused by the saw -dust from the Farley and Loetscher and Carr, Ryder and Adams Manufacturing plants .................... " 20—Council Proceedings for month of March, 1938, ap- 105 proved as printed .......................................................... 20—Civil Service Commission, submitting eligible list for 106 appointment as Ambulance Driver .......................• " 20—City Auditor, City Treasurer, City Water Department, 107 reports for the month of April, 1938 ............................ " 20—Claims for the month of April, 107 1938 ................................ " 20—City Solicitor Nelson, submitting report, recommenda- 107 tions and proposed ordinances, covering the chang- ing of certain bus routes .............................................. June 6—City Council, Regular Session " 108 ............................ 6—Civil Service Commission, submitting eligible lists for appointments on the Police 111 and Fire Depart- ments....................... " 30—City Council, Special Session ............ ..... 119 " 30—Charles Street, request for vacation of said street .... 124-142-176- " 30—Clark Julia, suspension of 1937 taxes 202-207-214-221-227- " 30—Council Proceedings for month of April, 1938, ap- proved 127-224 as printed ............................ 30—Claims for month of April, 1938, �� lica 126 f ofb ion 30—City Auditor, City Treasurer, City Water 127 Depart- ment, reports for the month of May, 1938 .................. " 30—Claims for the month 128 of May, 1938 .............. " 30—Childers Frank W„ss • •.•• " 30—Cunningham Leo *andpermit 128 131-132 JohnCM. Tompson d Class "B" beer permit p granted " 30—Capretz Chris, granted Class "B" beer 30—Cooper Fred H., 131-132 131-133 granted Class "B" beer permit............ 30—Cosley William W., granted Class "B" beer 131-133 permit.... 30—Clark Drug Co., granted cigarette " 132-133 permit ...................... 30—Clesen Wm. J., granted cigarette 137 permit .......,,,..•,•..••.•.• 30—Coney Island Lunch, granted cigarette permits........ 30—Cooper Fred H., 135135 granted cigarette permit .................... " 30—Central Hotel, granted cigarette 135 i permit.....,,..•,•.•.. July 4—City Council, Regular Session " 135 .............. ....................... 5—City Council, Adjourned Regular Session 137 ........................ 137 INDEX --Book 68 1938 SUB.1 KX-P Page " 5—Conlon R. F. Sons Construction Company, submitting an offer for the purchase of Lot 9 of Industrial Sub. No. 2....................................................................................137 " 12—City Council, Special Session .............................................. 140 " 12—Chalmers John K., application for appointment as Po- liceJudge............................................................................ 142-169 " 12—Council Proceedings for month of May, 1938, approved asprinted.............................................................................. 143 " 12—City Manager directed to petition the Federal Power Commission to investigate the electric power situ- ation...................................................................................... 149 " 12—City Ordinances, revision and compilation to be done under a W. P. A. project ................................................ 150-151 " 20—City Council, Special Session ............................................. 153 " 20—City Solicitor Nelson, opinion and report on examina- tion of title to Lot 2 of Lot 1 of Lot 1 of Eagle Point View, Jerry Potter to Dubuque Park Board 154-156 " 20—Claims for month of May, 1938, proof of publication 156 " 20—City Auditor, City Treasurer, City Water Depart- ment, reports for month of June, 1938 ....................... 156 " 20—Claims for month of June, 1938 ....................................... 156 " 20—Clemens Ray N•, sign bond ................................................ 156 " 20—Clark Drug Company, Inc., sign bond ............................ 156 " 20—Cosgrove Ed. F., granted Class "C" beer permit........ 160 " 29—City Council, Special Session .......................................... 162 Aug. 1—City Council, Regular Session ............................................ 163 " 1—Crescent Sweet Shop, granted cigarette permit........ 169 " 11—City Council, Special Session ............................................ 171 " 11—Cupps Donald et al, requesting that St. Ambrose Street from Seminary Street to bottom of hill be improved and that the water pipe be cleaned out andextended...................................................................... 174-214 " 11—City Auditor, City Treasurer, City Water Department, reports for month of July, 1938 .................................. 175 " 11—Claims for the month of July, 1938 .................................... 176 " 11—Claims for month of June, 1938, proof of publication 175 " 11—Council Proceedings for month of June, 1938, ap- provedas printed.............................................................. 176 " 11—Clesen, Wm. J., granted Class "B" beer permit............ 178-179 " 18—City Council, Special Session .......................................... 181 " 23—City Council, Special Session .......................................... 190 " 23—Consoer, Townsend & Quinlan, Consulting Engineers, Chicago, Ill., authorized and directed to furnish in- formation as the United States of America through the Federal Emergency Administration of Public Works may request in connection with application of the City of Dubuque, Iowa, on Water Works Improvements....................................................................190-266269 " 30—City Council, Special Session ............................................ 191 " 30—Continental Casualty Company, release on liability of bond of City Manager Rhomberg....................... 193 " 30—Chicago, Milwaukee, St. Paul and Pacific Railroad Company, request of Trustees for the vacation of certain streets and alleys in Railroad Addition and Wiltse's Addition........................................................193-194-215.221 " 30—Claims for month of July, 1938, proof of publication 194 " 30—City Treasurer directed to deposit in the First National Bank to the credit of the Construction Account, Im- provements to Water Works System the sum of $82,500.00 .............................................................................. 197 INDEX—Book 68 1938 SUBJECT Page C " 30—City Solicitor Nelson, submitting an Ordinance and recommending its adoption, providing for written agreements between the City of Dubuque and mem- bers of the Police and Fire Departments who have contributed to the Pension Funds of their respec- tive departments................................................................ 199 Sept. 5—City Council, Regular Session ............................................ " 201 6—City Council, Adjourned Regular Session ........................ " 201 6—Council Proceedings for month of July, 1938, approved as printed ................................. ............................. 6—City Solicitor Nelson, submitting resolution, and recom- 203 mending the adoption of same, directing the Mayor and City Clerk to execute a Quit Claim Deed to Harold Neubauer of Lot 27B of A. P. Wood's Ad- dition....................................................... " 8—City Council, Special Session ........................................... " 20—City Council, Special Session 209 210 ......................... " 20—City Auditor, City Treasurer, and City Water Depart- 212 ment, reports for month of August, 1938 ................ 20—Claims for the month of August, 1938 214 ............................ 20—Cooper Fred H., transfer of Class "B" beer permit.... 20—Canavan & Lang, Consulting 214 216 Electrical Firm, Chicago, Ill., action of City Manager approved in employing said firm to make an inventory and valuation of the property of the Interstate Power Company that is used and useful in supplying the City of Dubuque with electrical energy and to submit a rate struc- ture based upon their findings " ...................................... 23—City Council, Special Session....................................... ..... Oct. 3—City Council, Regular Session... 216 220 ................... " 3—City Manager Rhomberg, submitting . . information in connection with the Special 225 Election of October 6th on the erection and equipping of a Memorial Build Ing...................................... - 3—Clancy Mrs. Margaret, transfer of Class "B" beer permit .................. 226 7—City Council, Special Session .....' """" " 7—Claims for month of August, 227-228 229 " 1938, proof oP publication 7—Council Proceedings for month 230 proved as printed of Au gust , 1938.ap- " 7—City . . . . . .......,.. ............... Auditor, City Treasurer, and City 230 Water Depart - „ ment, reports for month of September, 1938............ 7—Claims for the month 230 of September, 1938 ........................ ' 7—Clancy Dorrance and Margaret, 230 renewal of Class beer permit"B".................. ` ...... 7—City Solicitor Nelson . . . . , call in ......' ' h..C. • n.c.•1 t............. nt on to the fact that construction 231 platforms and stair- ways on public streets, alleys and sidewalks might properly be classed as obstructions and should be covered by an indemnifying bond and that the cost Of publication of ordinances granting said privilege Should be borne by the applicant .................................... 24—City Council, Special Session " 232 .............. 24—Chamberlain I. C. and Son, requesting the return of the Excavation Bond 234 of F. J. " 24—Cooper W. F„ for A. A. Relllhan................... .. Cooper Inc., 234 land Park, requesting to give consideration to the Parking apace on High - also called Cooper Heights .................. " 24—Claims for the month of September, 235-244 lication ........... 1938, proof of pub. Nov. 7—City Council, Regu.................................................................. gu lar Session ............................................ 236 241 INDEX—Book 68 1938 SUBJECT Page C " 10—City Council, Special Session ...... . . _ ................. 249 17—City Council, Special Session ................................................ 250 17—City Auditor, City Treasurer and City Water Depart- ment, reports for month of October, 1938 ................ 251 " 17—Claims for the month of October, 1938 ............................ 251 " 28—City Council, Special Session ............................................ 253 " 28—Council Proceedings for the month of September, 1938, approved as printed........................................................ 254 28—Coryell L. L. & Son, sign bond ........................................ 257 Dec. 5—City Council, Regular Session ............................................ 259 " 5—Claims for month of October, 1938, proof of publication 264 " 13—City Council, Special Session ................................................ 268 " 13—City Auditor, City Treasurer and City Water Depart- ment, reports for month of November, 1938............ 269 13—Claims for the month of November, 1938 ...................... 269 19—City Council, Special Session ............................................. 271 19—City Solicitor Nelson, submitting a tentative ordinance regulating parking and traffic in the downtown busi- nessarea.............................................................................. 275 " 27—City Council, Special Session ............................................ 277 " 27—City Solicitor instructed to prepare a new ordinance to include all of the provisions of original Ordi- nance No. 32-38 and that the request of the Wm. Schaffhauser et al petition and also the request of Walter Mengis be included in the new ordi- nance...................................................................................... 277 27—Council Proceedings for the month of October, 1938, approved as printed.......................................................... 280 ' 27—Claims for month of November, 1938, proof of publi- cation.................................................................................... 280 INDEX—Book 68 1935 S1TKTI�X T Page C Jan. 3—Dubuque Fire Fighters Association, requesting per- mission to solicit advertisements for their program to use in defraying expenses in holding the Iowa Association of Fire Fighters Convention .................... 2 " 3—Datisman C W., Trustee, requesting settlement on levied against Lots delinquent special assessments 33, 34 and 35 of Min. Lot 39 and also that he be permitted to redeem the Tax Sale Certificate held by the City of Dubuque against said lots ............... 2 " 24—Deed from County Treasurer of Lots 2, 3, 4, 5 and 6 of Mill's 'West Dubuque Addition .............................. 5 " 24—Dubuque Park Board advising that according to in- structions received from the office of the Auditor State that they discontinued all Public Liability of and Property Damage Insurance carried on its trucks............................................................ 6 " 24—Dock Commission, submitting resolution adopted upon resignation of Presley S. Fawkes .............................. 6 " 24—Dubuque Metal Trades Council Club, Class "B" beer Permit for Private Club ................................................. 8 Feb. 7—Dubuque Cooperative Dairy Marketing Association, endorsing the proposed milk ordinance ...................... 13 " 7—Dubuque Star Brewing Company, requesting permis- sion to erect a sign on their property at Ninth and Central Avenue........................................................ 14-40 " 7—Diamond Grill Inc., sign bond ............................................ 17 " 7—Datisman Miss Elsie, requesting bus service over BennettStreet.................................................................... 18 35 Mar. 7—Dubuque Trades and Labor Congress, requesting that action be taken to fill vacancies on Fire Depart- ment..................................................................................... 37 " 7—Dubuque Trades and Labor Congress, requesting per- mission to use grounds outside of Ball Park for holding a carnival............................................................. 37 " 7—Datisman C. W., Trustee, requesting permission to pay delinquent special taxes on Lots 33, 34 and 35 of the Sub. of Min. Lot 39 and also requesting permis. sion to redeem tax sale certiflcate on Lot 33............ 38 " 19—Daughters of Union Veterans of Civil War, requesting permission to hold a Flag Tag Day ............................ 48 " 19—Dubuque Trades and Labor Congress, requesting the Council to join in extending an invitation to Hon- orable William Green, President of American Feder- ation of Labor, to attend the Fiftieth Anniversary of Dubuque Trades and Labor Congress .................. 49 " 22—Dubuque Recreation Commission, advising Council that they would accept the responsibilities of the Dubuque Athletic Field in the event the grand- stands and bleachers are repaired ................................ 55 " 29—Denzler Ray, requesting suspension of 1937 taxes.... 71.224 " 29—Datisman C. W., Trustee, requesting a refund on pen- alty and interest charges paid on delinquent special assessments on Lots 33, 34 and 35 of Min. Lot 39, FundNo. 646...................................................................... 71 Apr. 4—Dubuque Bank and Trust Company, appointed as a depository of City Funds .............................................. 79 " 4—Dubuque Implement Company, sign policy .................... 81 " 21—Daylight Savings Time, petition requesting the Coun- cil to proclaim Daylight Savings Time for City of Dubuque..............................................................................88.9192-103 INDEX—Book 68 1938 SUBJECT Page " 21—Daylight Savings Time, petition of Board of Directors of Tavern Keepers Association protesting against the Daylight Savings Time plan for the City of Dubuque............................................................................... 88-91 " 21—Dubuque Golf Club, granted Class "B" beer permit.... 89-90 " 25—Dubuque Trades and Labor Congress, objecting to " Daylight Savings Time .................................................. of 91 25—Dock Board, submitting resolution on resignation Mr. Albert Wharton as a member of Dock Board.... 91-92 May 20—Daly Daniel E., granted Class "B" beer permit............ 102-103 " 20—Dubuque Metal Trades Council Club, granted Class "B" beer permit............................................................... 102-103 " 20—Davison J. M. Jr., claim of ................................................103-241-269 " 20—Driscoll Orland, claim of .................................................... 104-275 " 20—Dubuque Trades and Labor Congress, requesting that a project be secured for the erection of a band shell at Eagle Point Park ....................................................... 104 June 6—Dubuque Chamber of Commerce, requesting that the City refrain from granting licenses for shows, at- tractions or concessions during the Iowa Territorial Centennial............................................................................ 112 " 30—Dubuque Trades and Labor Congress, requesting per- mission to hold a parade on July 30, 1938 ................ 126 " 30—Duccini Edward J., transfer of Class "B" beer permit 132-133 " 30—Dell George, granted Class "B" beer permit ................ 132-133 " 30—Diamond's Grill, granted Class "B" beer permit........ 132-133 " 30—Dubuque Recreation, granted cigarette permit ................ 135 " 30—Diamond's Grill, granted cigarette permit ...................... 135 July 5—Dubuque Metal Trades Club, granted cigarette permit 138 " 12—Dubuque Park Board, certifying a tax levy of .625 mills in the sum of $20,869.00 for tax purposes...... 141 " 20—Dubuque Park Board submitting Warranty Deed, Plat and Abstract of Title from Jerry Potter of Lot 2 of Lot 1 of Lot 1 of Eagle Point View, also opinion of City Solicitor Nelson on the examination of the title....................................................................................... 154-155 " 20—Dubuque Library Board requesting the vacation of that part of the alley lying between Bluff and Lo- cust Streets from West 11th Street southerly to the southerly line of City Lot 658A . ................................ 156-367-174 20—Demkier Geraldine L., Secretary to City Manager, bondof.................................................................................. 156 Aug. 1—Dubuque Centennial Committee, requesting permission to attach street decorations to boulevard posts........ 164 " 11—Dubuque Trades and Labor Congress, requesting that a full crew be maintained at all times at Fire Station No. 6 on Rhomberg Avenue .......................... 174 " 11—Dubuque Chamber of Commerce, requesting that all applicants for peddlers license during the period of August 17 to 21 be referred to them .................... 175 " 11—Dubuque Chamber of Commerce, requesting permis- sion to place a banner across Main Street .............. 175 " 18—Dubuque Musicians' Club, granted Class "B" beer per- mit......................................................................................... 185 " 30—Dubuque Trades and Labor Congress, requesting per- mission to hold Labor Day Parade and also that streets be cleared of vehicles and also extending in- vitation to Mayor and Members of City Council and City Manager to participate .................................. 193 Sept. 6—Daughters of Union Veterans of the Civil War, pre- senting a new American Flag to the City Council.... 201 INDEX—Book 68 2838 SUBJECT Page D " 6—Dubuque Trades and Labor Congress, requesting that anion labor be employed when possible on any Public Works Administration projects sponsored by the City and also that steps be taken to insure all possible safety measures in the construction of saidwork............................................................................ 201-241 " 6—Dubuque Poster Advertising Co., requesting that the ordinances be changed to allow the erection of signsand signboards in various parts of the City 201 " 6—Dillon Mrs. Lawrence F., et al, requesting the recon- ditioning and surfacing of the gutters on Southern Avenue from No. 388 Southern Avenue to No. 248 SouthernAvenue................................................................ 202-214 6—Dock Board, advising Council that it is urgent that the City acquire as soon as possible all property upon which the present W. P. A. river front im- provement is now operating ....................................... 208 20—Driscoll Orland, original notice of sult ........................ " 212-275 20—Dubuque Musicians' Protective Association, request- ing permission to- hang a banner across Main Street .............. .... " 20—Disabled Veterans of World War, requesting permis- 212 sion to conduct Annual Forget -Me -Not Drive ............ " 213 23—Daly Daniel E., requesting that the Class "B" beer permit appearing in the name of Daniel E. Daly be changed to Dan. E. Daly and P. J. Ferring........ Oet. 3—Duceini Ed. J., renewal of Class "B" beer 220 permit...... ` 7—Dubuque County Democratic Central Committee re- 227-228 questing permission to extend a banner across Main Street................................... Nov. 7—Diener Leo J., Capitol Theatre, requesting ion q 23U to remodel steps on the southside of building.... 241-264 7—Dubuque Packing Company, requesting to use sidewalk on the south side of l 8th Street be- tween Sycamore and Cedar Streets also for per- mission to use the West 5 feet the of alley between 17th and 18th Streets ........................................................242-250-254 INDEX—Book 68 1938 SUBJECT Page E Feb. 7—Ellwanger Mrs. H., sign bond ................................................ 17 " 7—Emergency Fund, transfer of $13.523.96 to the Con- solidated, Street -cleaning and Main Sewer Funds.... 19-39 Mar. 19—Election of March 28th, 1938, canvassing petitions for nominations for Councilmen and Park Commission- er................................................................I..............I....I....... 48 " 22—Ellis Steve, granted Class "B" beer permit ................ 69 " 29—Election of March 28th, 1938, canvass of vote cast.... 70 June 30—Eppler Elmer, granted Class "B" beer permit............ 131-333 " 30—Eisenegger Arthur J., granted Class "B" beer permit 131-133 " 30—Elks Lodge, granted Class "B" beer permit ................. 132-133 " 30—Eagles Club, granted Class "B" beer permit......:......... 132-133 " 30—Ender A. J., renewal of cigarette permit ......................... 134 " 30—Eichman Arthur H., renewal of cigarette permit........ 134 " 30—Eppler Elmer, renewal of cigarette permit .................... 134 " 30—Eisenegger A. J., renewal of cigarette permit .............. 134 " 30—Erie Cafe, granted cigarette permit .................................. 135 " 30—Ender A. J., granted cigarette permit .............................. 135 July 5—Emergency Tax, resolution and application for author- ityto levy............................................................................ 138-143 " 5—Esser Henry C., granted cigarette permit ...................... 138 " 5—Esser Henry C., granted Class "B" beer permit........ 139 " 20—Excel Photo Shop, sign bond .................. 157 Aug. 1—Ellwanger Mrs. Eileen, notice of claim ........................ 163489 " 1—Essman Frank H., application for Class "C" beer per- mit.......................................................................................... 167 Sept. 8—Election Special, to vote upon the issuance of $230,- 010.00 bonds to cover the expense of the erecting and equipping of a Memorial Building ....... .210-211-225-232-•233 " 20—Eichhorn Charles M., granted cigarette permit............ 215 " 23—Emergency Fund, permanent transfer of $7,355.66 to the General Fund............................................................221-222-225 Oct. 3—Eichman Arthur H. et al, requesting that Shiras Street and Roosevelt Street be joined by a through street at the end of Roosevelt Street ... ........ :.... ..... ........... .. 227-•244 " 7—Ellwanger Eileen, original notice of suit .......................... 230 " 24—Eberhardt Mrs Anthony, notice of claim ........................ 234-274 INDEX—Book 68 1988 SUBJECT Page la Jan. 24—Frith E. E. Company, requesting the vacation of the southerly 25 feet of Eighteenth Street from Syca- more Street to Lynn Street including the alley portion................................................................................. 6-16 Mar. 19—Fishbach Hubert M., granted Class "B" beer permit.... 51-52 " 29—Fondell Mr., suggesting that an application be sub- mitted to Works Progress Administration for the construction of a sanitary sewer in Shiras Avenue 71 Apr. 4—First National Bank, appointed as a depository of CityFunds.......................................................................... 79 " 4—Forward Eugene, appointed as a member of Board of Review.................................................................................. 79 " 4—Falkenhainer Drug Company, sign policy ...................... 81 May 20—Flynn Josephine, suspension of 1937 taxes .................... 105-229 June 6—Fischer & Company, Inc., submitting invoice for dam- ages to a truck of Armour & Company which was serviced at their station ............................................... 111 " 30—Frehlick Mary Weber versus Philip Erschen et al, notice of levy and sale ............................................... 123-150 " 30—Funding Bonds in the amount of $55,000.00 to is- sue .............................................128140 -141-173-174-181-182-183-184 " 30—Flynn " John D., granted Class "B" beer permit............ 131-132 30—Fortman " 30—Fischbach Anton, granted Class "B" beer permit .... 131-133 Hubert M. and Emil C. Leiser, granted Class "B" beer permti ................ 30—Fortmann Anton, renewal of cigarette permit ............... " 132.333 134 30—Falkenhainer July 5—Fitzpatrick Drug Co., renewal of cigarette permit Frank J., granted Class "B" beer 134 " 12—Fautsch permit.... Louis F., application for appointment as 139 12—Federal Police Judge .............. ...... .............................. . Power Commission, City Manager directed to 141-169 Petition said Commission to investigate the electric Power situation and to recommend the adoption of such rates as their survey and study disclose to " be fair and equitable ............. 149 20—Fischbach Hubert M., requesting release of Class "B" beer bond of Hubert M. Fischbach and Emil C. Leiser................................................................................ " 20—First National Bank, bond for clock 165 ................................ " 20—Fuhrntan-Triller Company, sign bond ............................ 156 156 Aug. 18—Fautsch Louis F., Police Judge, bond of ...................... 184 Sept. 6—Faig Grace S., suspension of 1937 taxes ........................ 20—Fritschel Esther E., stenographer, Water Dept., bond.... 202 215 20,–Flick Morris B., granted cigarette permit ........................ 215 Oct. 3—Fidelity and Deposit Company, requesting the can- cellation of both the sign bond and cigarette bond of Charles F. Meyers .�24—Fay ............ .......................................... Charles P. et al, requesting that Rowan 226 Nov. 7—Fessler Street be surveyed, graded, and rock placed on said street Joe, suspension of last half of 1937 taxes........ 234-243 11 28—Flick Morris B., sign bond 241-252 Dec. 19—Firestone 11 ........................ Service Stores, Inc„ sign bond ........ 256 27—Finch Alfred, granted cigarette permit ............................ 280 INDEX—Book 68 1938 SUBJECT Page G Jan. 3—Glass Kate, original notice of suit ............................... 2 " 24—Gavin Mark, appointed as a member of Dock Com- mission to fill the unexpired term of Presley S. Fawkes................................................................................. 7 " 24—Gau Roy F., Class "B" beer permit ................................ 8-19 Feb. 7—Genz Stores, sign bond ........................................................ 16 7—Genz Ado, sign bond................................................................ 17 " 7—Goard Henry, requesting bus service over St. Joseph Street...................................................................................... 18 Mar. 7—Graf B. M., relative to vacating the alley first east of Grandview Avenue from South Hill Street north........ 41 " 7—Gerken Ewald F., settlement of claim ................................ 44 " 29—Grimme Henry, granted Class "B" beer permit ............. 76 " 29—Grab Erwin, granted Class "C" beer permit ................ 76 Apr. 4—Glenn Milton J., submitting application for the office ofPolice Judge.................................................................. 77 " 4—Glenn Milton J., Police Judge, continuation certificate onbond................................................................................ 80 " 4—Green Wm., President American Federation of Labor, acknowledging receipt of invitation to attend cele- bration of Fiftieth Anniversary of Dubuque Trades and Labor Congress........................................................ 81 " 4—Galloway Company, Inc., sign policy ................................ 81 " 4—Goodman's Incorporated, sign policy .................................. 81 " 4—Gregory Frank R„ transfer of Class "B" beer permit 82 " 14—Greater Dubuque Association, expressing thanks for the progress made on erecting street signs .............. 84 May 2—Greiner Peter, agreement on vacation of alley between Lot 165 Finley Addition and Lots 328, 329 and 330 WoodlawnPark.................................................................. 98 " 2—General Insulating Company, notified as to the recom- mendation and instructions embodied in the letter as submitted by P. J. Heuser, Industrial Hygiene Engineer, State Department of Health ........................ 101-122 " 20—Gantert Harry N., granted Class "B" beer permit........ 102-103 June 6—Gregory Mrs. Frank R., granted Class "B" beer permit 120421 " 30—Graff Michael J., granted Class "B" beer permit........ 132-133 " 30—Grommersch John J., granted Class "B" beer permit.... 132-133 " 30—Gala Dominick, granted Class "B" beer permit............ 132-133 " 30—Gala Dominic, renewal of cigarette permit .................... 134 " 30—Grommersch John, renewal of cigarette permit............ 134 July 12—Glenn Milton J., tendering resignation as Police Judge 141 " 12—Gable E., ordered to make sanitary connections on Lot 166 East Dubuque Addition ........................................ 152 Sept. 6—Grommersch Nick, requesting that Sabula Street be extended and also that Valeria Street adjoining his property be repaired...................................................... 202-214 " 6—Grommersch Nick, objecting to the vacation of Charles Street as asked for in the petition of Robert E. Miller................................................................................... 202-221 " 6—Grode Viola, granted Class "B" beer permit ...... ....... 208 Oct. 3—Grandgenet Nick, et al, requesting that Sabula Street be extended to Burlington Street and that the water mains be extended............................................................ 227 " 3—Grommersch Nick et al, requesting that Charles Street be graded instead of being vacated ............................ 227 " 3—Grommersch Nickolas, submitting offer for the pur- chase of Lot 37 of South Park Hill Add. and for that part of Charles Street from Broadway Extension to the alley first west, if the same is vacated............ 227 0 d INDEX—Book 68 1938 SUBJECT Page G " 24—Grether C. H. et al, requesting Council to take action relative to the condition of the buildings at 1504, 1506, 1508 and 1510 Washington Street .................... 235.244 Nov. 7—Graff Joe, renewal of Class "B" beer permit .................. 247 " 28—Graham Edward & Sons, et al, sign bond .................... 257 " 28—Grand Opera House, Inc., et al, sign bond .................... 257 Dec. 13—Genszler William et al, requesting Council to hold a special meeting for the purpose of discussing and acting upon, an industrial issue and requesting the Council to prevent the building of the stock- yards by the Illinois Central Railroad Company on SouthMain Street.......................................................... 268 INDEX—Book 68 1938 SUBJECT Page H Jan. 3—Hoskins Mrs Mattie, et al, requesting bus service on Dodge Street between Bryant Street and Grandview Avenue.................................................................................. 4-7 " 3—Harwood Mrs. M. L., granted cigarette permit............ 4 " 24—Hoppmann Emily, notice of claim .................................... 5 " 24—Hargus Lillian L., suspension of 1937 taxes .................. 6-219 Feb. 7—Hillyard Courtland F. & Sabyl H. Kretschmer, sign bond........................................................................................ 17 " 7—Hutchings Mrs. Maud, requesting bus service over BennettStreet................................................................... 18 Mar. 7—Hutchings Maud et al, requesting the routing of bus service over Bennett Street ........................................ 35 " 7—Haudenshield Sydney, requesting a compromise settle- ment of the special assessments levied against East 30 feet of Lot 1 of Breakley's Addition .................. 38 " 7—Healing Louis J., granted Class "V1 beer permit........ 42 " 7—Howe Ralph F., granted Class "C" beer permit............ 42 " 7—Heinz Mrs Anna, 1705 North Algona Street, City Solicitor instructed to take proper action in hav- the nuisance abated on her property ...................... 45-112 " 22—Healy Emory F., claim for personal injuries ................ 67-239 Apr. 4—Hard George W., submitting application for the office of Police Judge.................................................................. 77-104 " 4—Hogan Mrs. Margaret E., suspension of 1937 taxes.... 80-219 " 4—Holscher G. H., sign policy .................................................. 81 4—Horton J. P., sign policy .................................................... 81 " 4—Hedrick Jacob, granted cigarette permit ...................... 82 " 4—Hedrick Jacob, granted Class "B" beer permit............ 82 " 4—Harker Curtis S., appointed member of Civil Service Commission term expiring March 31, 1944 ................ 83 " 19—Haupert Peter, suspension of 1937 taxes ...................... 85-218 May 2—Heuser P. J., Industrial Hygiene Engineer, State De- partment of Health, relative to the nuisance con- dition caused by gases from the rock wool manu- facturing plant of General Insulating Company........ 101 " 20—Heitz Dan, claim of................................................................ 103-274 " 20—Hein William F. et al, requesting that a turn around be constructed at the north end of Lawndale Street 105-177 " 20—Hird Albert G. et aI, requesting that the westernmost block of Seminary Street be placed in a fit and safe condition for traffic also that the dump be cov- ered and further dumping prohibited .......................... 105 June 6—Hendricks Geo. J., requesting suspension of 1937 taxes 113-224 " 30—Huftill Frank, submitting application for appointment to the vacancy on Library Board ................................ 126 " 30—Hoffman Louis, et al, objecting to the discontinuing of the Mt. Carmel bus service over South Locust Street and Southern Avenue ........................................ 126 " 30—Horne William, granted Class "B" beer permit............ 131-132 " 30—Hughes R. D., granted Class "B" beer permit ................ 131-1.33 " 30—Hennig Joseph A., granted Class "B" beer permit........ 132-133 " 30—Harwood Mrs. M. L., renewal of cigarette permit........ 134 " 30—Haas, Louise M., renewal of cigarette permit............ 134 " 30—Hartig Drug, Inc., renewal of cigarette permits........ 134 " 30—Horne William, renewal of cigarette permit .................. 134 " 30—Hedrick Jacob, renewal of cigarette permit .................. 134 " 30—Hanten Joseph W., renewal of cigarette permit........ 134 " 30—Hennig George J., renewal of cigarette permit............ 134 " 30—Hartig Drug Company, granted cigarette permit........ 135 " 30—Hillside Confectionery, granted cigarette permit........ 135 July 20—Hill William M., sign bond .................................................. 157 41 20—Haudenschield Sydney, sign bond ...................................... 157 INDEX—Book 68 1938 SUBJECT Page H " 29-1-1offmann A. M., requesting the rezoning of the pro- perty located at 1640 Main Street from a multiple residence district to a local business district ........ 162-163-177- 178-191-192-203-204 Aug. 11—Hickey J. F. et al, requesting the opening and grading of a street from the corner of Langworthy and James Streets eastward one block and a half to the south line of Cardiff Street .................................. 174.214 " 11—Hochberger .John A., granted Class "B" beer permit 179 Sept. 6—Hazewinkel H. J., representing the Dubuque Trades and Labor Congress, requesting that union labor be employed when possible on any Public Works Ad- ministration projects which are sponsored by the City and also requesting that steps be taken to insure all possible safety measures in the con- struction of said work .................................................... 201 " 6—Hardie Frank, representing the Dubuque Poster Ad- vertising Co., requesting that the ordinance be changed to allow erection of signs and signboards In various parts of the City ....................................... 201 " 6—Howe Mrs. and Ralph F., requesting permission to use part of their home, with an addition thereto, to serve as a small grocery store at 1028 Walnut Street described as the northerly 68 feet of Lot 15 and the northerly 68 feet of the westerly 36 feet of Lot 16 in Farley's Subdivision ................202-213-217-229-235 " 20—Heitz Dan, original notice of suit .................................... 212-274 " 20—Neer Mrs Lena, et al, requesting an investigation of the condition of the sheds on the Jerry Walser Estate at 357 East 12th Street ...................................... 212 " 20—Hail John Joseph, Supt. and Cashier, Water Dept., bond........................................................................................ 215 " 23—Hanten Joseph W., granted Class "B" beer permit.... 222 Oct. 3—Head Donald H., requesting the Council to investigate the matter of drainage of the alley extending from Randall Street through to Dunning Street and be- tween Grandview Avenue and Bradley Street............ 227-243 Nov. 7—Hoer Mrs. L., requesting investigation of building " and dumping place on Walser Estate property........ 241 7—Herber Fred and Ray Nicks, renewal of Class "B" ., beer permit .................................... ...................................... 247 7—Hail George, renewal of Class "B" beer permit.......... 247 7—Howe Corine and Ralph F., granted Class "C" beer " permit..................... ........................ 247 10—Haudenshield Sydney, Administrator of the estate of Jacob Entringer, requesting a compromise settle- ment of the special assessments levied against the " East 30 feet of Lot 1 of Breakley's Addition........ 249-264 28—Hartman Carl F., sign bond ......................... Dec. 5—Holscher G. H., requesting Council to consider a com- promise offer on the assessments due on Lots 3 and 4 in Block 9 of Grandview Park Addition........ 260-273 INDEX—Book 68 1938 SUBJECT Page Feb. 7—Independent Milk Drivers, requesting postponement of consideration of the proposed milk ordinance.... 13 " 7—Interstate Power Co., requested to submit a state- ment of their earnings and disbursements for the past fiscal year.................................................................. 20-119 Apr. 4—Interstate Power Company, matter of regulating the charge for bus fare referred to Gity Solicitor for a report back to City Council...........................83-99-100-101-124 " 21—Interstate Power Company, granted a right -of -•way and easement for the purpose of transmitting elec- tric power across or over the southeasterly 150 feet of Lot 593 in Eagle Point or Ham's Addition .......... 89 May 20—Interstate Power Company, changes in bus routes and rerouting of buses upon these routes .... 108-109-115-116-117-118 June 30—Internaltional Association of Machinists, Key City Lodge No. 1238, requesting that names of Homer Clark and Herman Rave be given every consider- ation for appointment on Police Department............ 123 " 30—Iowa State Highway Commission, submitting Reso- lution Primary Road Extension and form of con tract........................................................................................ 123 " 30—Iowa Housing League, requesting Council support and advice on plans for better housing .............................. 124 July 12—Iowa Children's Home Society, Des Moines, Iowa, requesting permission to hold a tag day .................. 142 " 12—International Brotherhood of Teamsters, Chauffers, Stablemen and Helpers of America, requesting per- mission to hang advertising cards on metal lamp posts................................. ,.................................................... 142 " 12—International Brotherhood of Electrical Workers, re- questing permission to use grounds outside of Ball Park for holding a carnival ...................................... 142-184 " 20—Interstate Finance Corp., sign bond .................................. 156 Aug. 11—Iowa League of Municipalities, bill in the amount of $80.00 for membership dues ordered paid ................ 181 " 30—Iowa Association of Chiefs of Police extending invita- tion to attend Annual Convention ................................ 192 Sept. 20—Iowa State Policemen's Association, Local Chapter, thanking Council for the passage of the ordinance which guarantees the pensions now established by law.......................................................................................... 212 " 20—Interstate Power Co., inventory and valuation of their property to be made by Canavan & Lang, Consult- ing Electrical Firm, of Chicago, Ill . ........................... 216 Nov. 7—Irmen Oscar, requesting that West 28th Street be graded, and properly drained and repaired ................ 241 Dec. 13—Illinois Central Railroad Co., petition requesting that the City Council prevent the building of stock yards on their property on South Main Street ................ 268 INDEX—Book 68 1938 SUBJECT Page J Jan. 24—Jackson George W., notice of claim ................................ 5-20 Feb. 7—Juergens John N. & Son, sign bond .................................. 16 .1 7—Jaeger F. M. et al, sign bond ......................................... 17 Mar. 7—Jansen Mrs. Lucille, granted Class "B" beer permit.... 42 " 11—Jacobson J. J., requesting permission to erect a canopy over the sidewalk in front of the building at Tenth and Main Streets.............................................................. 46 " 11—Judges and Clerks, appointed to serve at the General Municipal Election of March 28, 1938 ........................ 47 " 29—Judges and Clerks of General Municipal Election of March 28, 1938, payment for services ........................ 71 May 2—Jankowitz Mr., requesting permission to take out a license for to peddle fruit and vegetables for a six monthperiod.................................................................... 96 June 6—Jacobson David S., requesting the City Council to waive the requirement of sewer connection for a proposed tavern on the property located at 1698 MapleStreet...................................................................... 113 " 30—Jaeger-Kunnert Co., granted cigarette permit ................ 135 July 5—Jacquinot Harry J., granted cigarette permit .............. 138 " 20—Jenna Henry, granted Class "C" beer permit............ 160 Aug. 1—James Dwight S., Attorney for Iowa Tavern Owners' Association requesting the adoption of an ordinance limiting taverns as provided by statute ...................... 166 Sept. 23—Judges and Clerks, appointed to serve at the Special Election of October 6, 1938 ............................................ 224 Oct. 3—Jassman John J., renewal of Class "B" beer permit.... 227-228 " 7—Judges and Clerks of Special Election of October 6, 1938, payment for services ............................................ 233 Nov. 7—Junior Auxiliary of Visiting Nurse Association, re- questing permission for the holding of a tag day.... 242 " 28—Johnson High Test Oil Company, sign bond .................... 257 INDEX—Book 68 11988 SUBJECT Page X Jan. 24—Kies Leona, notice of claim ................................................ 5-281 iFeb. 7—Kressig Frank, suspension of 1937 ,taxes ...................... 14 " 7—Kies Drug Store, sign bond ................................................ 17 " 7—Koleopulos Steve, sign bond ................................................ 17 7—Kinney G. R. Co., sign bond ................................................ 17 " 7—Klauer-Julien Hotel Co., sign bond .................................... 17 " 7—Kennedy Patrick R., transfer of Class "B" beer per- mit.......................................................................................... 19 " 7—Key City Gas Co., requested to submit a statement of their earnings and disbursements for the past fiscal year........................................................................................ 20-119 Mar. 7—Kluck Earl, granted Class "B" beer permit .................... 42 Apr. 4—Kirchhoff Ed„ request refund on cigarette permit.... 80 " 4—Key City Gas Co., excavation bond ................................ 81 " 25—Keller Mae and Ruth Keller Motz, granted a cigarette permit................................................................................... 82 'May 2—Knockel Louis J., agreement on vacation -of alley be- tween Lot 165 Finley Addition and Lots 328, 329, 330, 331 and 332 Woodlawn Park ................................ .99 June 6—Kartman Barbara Mrs., claim for personal injureis.... 111-218 " 6—Kresge Company S. S., requesting permission to con- struct a concrete vault beneath the sidewalk on 8thAvenue.......................................................................... 112 " 6—Kresge Company S. S., lessee, requesting permission to construct an unloading platform in the alley in the rear of the South 7 feet of City Lot 28A and the North. 33 feet of City Lot 27 .......................113-126-127 " 30—Kanavas George, granted Class "B" beer permit........ 131-132 " 30—King Mrs. Lois H., granted Class "B" beer permit.... 131-•133 " 30—Koleopulos Steve, granted Class "B" beer permit 131-133 " 30—Karigan Andrew D., granted Class "B"beer permit 131-133 " 30—Kirkpatrick Mrs. Anna, granted Class "B"i beer permit 132-133 " 30—Kress Hugh, granted Class `.`B" beer •permit ................ 132-133 " 30—Klein Frank, granted Class "B" beer permit ............... 132-133 " 30—Kochendorfer Adolph, granted Class "B" beer permit 132.133 " 30—Klauer-Jullen Hotel Co., granted Class "B" beer per- mit.......................................... ....... '....................................... 132-133 " 30—Keller Mae and Ruth, renewal of cigarette permit.... 134 " 30—Kruse Co., G. C., renewal of cigarette permit............ 134 " 30—Kies Drug Store, granted cigarette permit ...................... 135 " 30—Klauer-Julien Hotel Company, granted cigarette permit 135 " 30—Kress Hugh, granted cigarette permit .............................. 135 " 30—Kretz Cafeteria, granted cigarette permit ...................... 135 July 12—Kuehnle Mr. and Mrs. Ed., et al, requesting the placing of an electric light opposite house num- ber 505 Angella Street .................................................... 143-177 " 12—Kennedy Patrick R., granted cigarette permit............ 149 " 20—Karigan Andrew D., requesting permission to construct a loading platform at the rear entrance of his place of business at 720 Main Street........ 155-466-180-187-188 " 20—Kormann Geo. F. et al, remonstrating against the pro- posed improvement and continuation of Abbott Street.................................................................................... 155 " 20—Kane Allen C., Clerk, Water Dept. bond ........................ 156 Aug. 1—Korman Norman J. et al, representatives of Municipal Local 151 requesting the City Council to recom- mend to the City Manager the adoption of work- ing rules and regulations governing members of Municipal Local 651 ........................................................ 163 " 11—Kretschmer Insurance Agency, requesting the release of the Excavation Bond of George F. Pinski............ 175 1 1M INDEX—Book 68 1938 S U Ii.J EX T Page I4 " 11—Kieler W. J. et al, requesting that two blocks, 1000 to 1200, on Rush Street be oiled................................175.202-214 " 18—Kretschmer Insurance Agency, requesting that the blank certificate of audit covering the bond of former City Manager R. M. Evans be completed ................................................................ by proper party184 " 18—Knights of Columbus, granted Class "B" beer permit 185 Sept. 6—Kennedy Patrick R., granted Class "B" beer permit.... 208 .1 29—Kies Leona, original notice of suit .................................. 220-281 Oct. 24—Kieler Lillard, requesting that the County Treasurer be instructed to accept the principal of the special assessments, plus interest and advertising costs, the balance of penalties to be waived, against Lot 7 of Jansen's Sub............................................................. 234-243 " 24—Koehler Sarah, suspension of 1937 taxes .......................... 235-248 " 24—Koehler Henry E., suspension of 1937 taxes .................. 235-248 Nov. 7—Kalmes Milton J., renewal of Class "B" beer permit 247 " 17—Kemp John, notice of claim .................................................. 250-267 " 28—Kies & Butler et al, submitting an ordinance with reference to licensing auctioneers and the like and requesting the enactment of same into a legal ordinance.............................................................................. 253-261 " 28—Kinney G. R. Co. Inc., et al, sign bond .............................. 256 �< 28—Kretz E. P., sign bond.......................................................... 257 Dec. 5—Kretschmer Charles G., appointed as a member of Memorial Commission.................................................... 260 " 5—Kress Peter J., granted Class "B" beer permit............ 265 " 19—Klinkhammer Mrs. Mary, cancellation of 1937 taxes.... 274 " 27—Kiesel Carl, entering objections on behalf of H. B. Glover Company to the establishing of a parking limit around the H. B. Glover buildings between West 4th and West 6th Streets ...................................... 277 " 27—Kanavis Katheryn, notice of injury and claim ................ 278 INDEX—Book 68 1935 Siil3.11,cr Page L Jan. 24—Larson Mrs. Christine, settlement of claim .................. 10 Feb. 7—Luther Frank C., requesting permission to erect a new canopy over the sidewalk at No. 1111 West 13 41 14thStreet........................................................................... 17 " 7—Leath & Company, sign bond ............................................ 17 " 7—Loyal Order of Moose, sign bond ........................................ Mar. 7—Looney Estelle, requesting redress in the matter of the cost of repairs to sewer connection on Lot 1 ..................................................... . Columbia Add ................................................................... 37-38-53 " 7—Lundbeck Kate S., requesting suspension of 1937 taxes 38-224 " 19—Lundin J. W., submitting application for appointment as a member of Board of Review .......... ...................... 49 " 22—Ladies of the Grand Army of the Republic, Shiloh Circle No. 37, requesting permission to hold a tag day.......................................................................................... 54-96 " 22—Lee Alvin, granted Class `B" beer permit .................... 69-82 Apr. 4—Licklider Ray E„ submitting application for the office of Police Judge ... ....................... .......................... ........ 77-78-104-169 " 4—Levy and Sale of D. W. Bates as Receiver of Union Trust and Savings Bank, Plaintiff, versus Emma 80 99 Schmid et al ................................................................... 81 " 4—Loizeaux Dr. Charles E., sign policy .................................. 81 " 4—Leik William C., sign policy .............................................. May 2—Lime Rock Springs Company, requesting that they be granted City fire protection .......................................... qb June 6—Lawsen Mrs. Edith, requesting cancellation of 1937 taxes...................................................................................... 113-229 " 6—Link Leo, granted Class "B" beer permit ................ 120-121 " 30—Lemper Henry P., granted Class "B" beer permit 131-1.33 " 30—Leik Wm. C., renewal of cigarette permit ............... 134 " 30—I.emper H. P., granted cigarette permit ...................... 135 " 30—Loyal Order of Moose, granted cigarette permit........ 135 " 30—Ludwig M. J., granted cigarette permit .......................... 135 July 12—Lange Wilbert et al, protesting to the vacation of Charles Street and requesting that the alley be- tween Broadway Extension and Charles Street and between Charles Street and Muscatine Street be kept open and a W. P. A. project be secured for improvingsame.................................................................. 142-176 " 20—Linehan & Molo, excavation bond .................................... 156 " 20—Leiser Emil, approval of application for Class "B" beer permit ............................................................ ........... 160185 Aug. 1—League of Iowa Municipalities, submitting statement in the amount of $80.00 for annual dues ................ 163-181 " 1—Lange Clarence J., application for Class "B" beer per mit ............................................................. 167-177-178-179 " 11—Lee Mary L. et al, calling attention of Council to the backing up of sewers into their premises due to the overtaxing of the West Locust Street sewer by permitting an extension outside of the City Limits................................................................... 17b " 30—Lange's Insurance Agency, requesting release of the original bond of City Manager Rhomberg................ 193 Sept. 6—Loyal Order of Moose, granted Class "B" beer permit 208 " 23—Ludowisy Christina and Mary, requesting permission to redeem the tax sale certificate held by the City of Dubuque against the south part of Lot 136 UnionAdd.......................................................................... 220 234 Oct. 24—Lange Elizabeth, original notice of suit ........................ 251-°56 Nov. 17—Leonard Frank E., suspension of 1937 taxes ................. 6428—Luckert Lillian and Nora James, sign bond .................. INDEX—Book 68 1935 SUBJECT Page L l)ec. 5—Langton Thomas M., appointed as a member of Mem- orial Commission.............................................................. 260 19—Landon Charles, sign bond .................................................. 273 19—Lacy Frank R., Trustee, Owner, granted permission to construct and maintain a canopy in front of theAvon Theatre ............................ ................. .............. 2T4-279-280 INDEX—Book 68 1938 SUBJECT Mo Jan. 24—McDonald A. Y. Manufacturing Company, acceptance of the installation of pump and motpr at Level Station.................................................................................. 7 Feb. 7—McGuire Clem J., requesting permission to construct a loading platform in the alley on the northeast side of City Lots 752-7,53 ............................................ 13 �.�7—McCarten H. B., excavation bond ...................................... 16 Mar. 7—McCarten H. B., requesting exemption of the 1937 taxes on the west 60 ft. of 1, qts 24-22-•23 of Bonsgn 8; Stewart's Sub...............................................................$ Apr. 19—McAloon Lucile, settlement of personal injury suit.... 87 May 20—McLp4a Charles, Chairman on Waterways of Dubuque Chamber of Commerce, relative to the present need for the dredging of the Mississippi River at Du- buque...................................................................................... 104 June 30—McLaughlin Frank, granted Class "B" beer permit.... 132-133 " 30—McDonald Daniel, granted Class '`B" beer permit........ 132-133 30—McGonigle Paul and J. $., granted Class "B" beer permit.....................................................................:............ 132433 1$4 " 30—McFarlane Robert, renewal of cigarette permit............ " 30—McDonald Daniel, granted cigarette permit ................ 135 " 30—McCann Eugene, granted cigarette permit .................... 135 30—McGonigle Paul and J. B., granted cigarette permit 135 July 12—McClain Wm. and Charles J. Smith, requesting the replacing of the ligUts in the first parkway on DodgeStreet..................................................................... 142 +' 12—McDermott Carl, approval of application for Close "B" beer permit................................................................ 150.159 " 12—McLean Roy, approval pf application for Class "$" beerpermit.......................................................................... 150 Aug. 18—McDermott Carl, granted Class ' B" beer permit........ 185 Is 18—McEvoy John, making inquiry as to what action had been taken on the petition requesting that electric service be extended to the residents of Maple Isla{}d 189 Oct. 3—McCarthy Peter H., relative to the Special Election ofOctober G, 1988.............................................................. 225 " 3—McMann Mrs. Sophie and Mrd. Eleanora Yapder Meulen, requesting a refund on dine and dance license.................................................................................. 226 " 3—MciCann Eugene, renewal of Class "B" beer Permit...... 227-228 " 7—McCarthy Peter H•, requesting that the petition of Trustees of the Property of the C4icago, Milwau- kee, St. Paul and Pacific Railroad Company fpr the vacation of additional streets anti alleys in the vicinity of their shops be dent.eq and also that the City Solicitor be instructed to begin action in the courts to test the rights of the City gpder the terms of an ordinance of March 11, 1881 ................ 230-252 " 24—McCarthy C. J., bond .................. 237 Nov. 28—McDougal Motor Company, sign bond ........................... 2,fj6 I d INDEX—Book 68 1938 SUBJECT Page M Jan. 3—Machinek Jos. J., granted cigarette permit ...................... 4 " 24—Mills West Dubuque Add., Lots 2, 3, 4, 5 and 6, Deed of said lots from County Treasurer ................ 5 Feb. 7—Mettel Realty and Investment Company, requesting the vacation of the alley lying between Lot 165 and Lots 328, 329 and 330 in Finley Add. and submitting an offer of $50.00 therefor........................13-39-98- 112-129-130-143-144 " 7—Mi-Lady Beauty Salon, sign bond ................................. ..... 16 Mar. 7—Murphy Insurance Agency, requesting the return of excavation bond of Maurice A. Hill .............................. 36 " 7—Murtagh C. B., State Comptroller, approval of trans- fer of $13,523.96 from Emergency Fund to Consoli- dated, Street -cleaning and Main Sewer Funds........ 39 " 7—Mathis Arnold, granted Class "B" beer permit........... 42 " 11—Maguire Mrs. Mary, claim for personal injuries............ 46-150 " 19—Mutschler A. L„ claim for personal injuries............ 49.107 " 19—Manders H. & Son, granted cigarette permit............ 51 Apr. 4—Marshall Robert P., City Auditor, continuation cer- tificateon bond................................................................ 80 " 4—Mutual Surety Company of Iowa, certificate of author- ity to transact the business of Fidelity and Surety Insurance.............................................................................. fi0 " 4—Mullen Brothers Company, excavation bond ..................'. 81 " 4—Mathey Motors Company, sign policy ................................ 81 " 4—Montgomery Ward & Co., sign policy .............................. 81 „ 4—Muntz John, sign policy........................................................ 81 " 4—Meyers Charles F., sign policy .......................................... 81 May 2—Millworkers Union No. 1646, calling attention of the Council to the condition of dump in the south part of the business and industrial district, also that Salina Street is badly in need of repairs, also that street lights are needed on Charter Street............ " 20—Memorial Day Parade Committee, extending invitation 95-107 to Council to take part in the Memorial Day Parade " 104 20—Mt. Olivet Cemetery Association, requesting fire pro- tection.................................................... ................................ June 6—Murphy William, claim for personal injuries to his 105 daughter, Patricia Ann Murphy, a minor ................ " 111 6—Mettel Realty and Investment Company, submitting a correct legal description of lots involved in the vacation of the alley lying between Lot 165 in Finley's Addition and Lots 328, 329, 330, 331 and 332 in Woodlawn Park ..................................112-129-130-143-144 " 6—May Walter and George Kline, requesting the Council to make further inspection of Anna Hinze property " 112 6—Municipal Athletic Field, rules and regulations cover- ing the use of ........................... 114 6—Meyer Martin, granted Class "B" beer permit............ " 30—Miller Mr., requesting the vacation 120-121 of Charles Street..124-142-176- 24-142-176- 202-207-214-221 " 30—Molo Oil Company, requestingfire 202-207-214 221 Protection at Sil- ver Acres on July 3 and 4 ............... 30—Moes Carl J., granted Class "B" beer permit............ " 30—Machinek Joseph J., "B" 125 131-132 granted Class beer permit " 30—Mengis Walter, granted Class "B" beer " 132-133 permit............ 30—Meyer Albert M. and Herman Roesch, granted Class "B" 132-133 beer permit ......................................... . ......................................... 30—Mayerle John, granted Class "B" beer permit 132-133 132-133 .............. 30—Manders Julius S., granted Class "C" beer permit.... " 30—Manders H. & Son, renewal. 132-133 of cigarette permit........ 134 INDEX—Book 68 1938 SUBJECT rage " 30—Machinek Joseph J., renewal of cigarette permit........ 134 134 " 30—Meyers Kermit, renewal of cigarette permit ................ 134 " 30—Meyers Charles F., renewal of cigarette permit............ 134 " 30—Myers-Cox Co., renewal of cigarette permit .................... 136 " 30—Miller George, renewal of cigarette permit ................... 135 " 30—Meyer Paul J., granted cigarette permit .......................... July 5—Merz Mrs. Otto et al, requesting the elimination of the nuisance on the lots and streets on Maple 137 Street between 15th and 17th Streets ................. :.. " 12—Murtagh C. B., State Comptroller, approval for levying 143 an emergency tax for the year 1939 ............................ " 12—Melssen Hubert, transfer of Class "B" beer permit.... 149 " 12—Mihalakis Phillip, approval of application for Class "B" " 20—Montel beerpermit........................................................................150-159185 John, relative to a city owned light plant ....... 166 " 20—Murphy Insurance Agency, requesting release of the Class "B" beer bond of H. A. Vandercook............ 165 " 20—Morris Herman H., requesting a permit to operate an Ice cream and soda water stand on East 4th 155 " 20—Mathis-Moffatt Aug. 1—Municipal Street ................................................................................... Company, sign bond .................................. Local 651, working rules and regulations 156 163-164 " 1—Molo Bart L. et al, objecting to the rezoning of the property at 1640 Main Street for a mortuary and funeral home and requesting that the petition of A. M. Hoffmann be rejected ..................................... ....... 163191-192 " 11—Murtagh C. B., State Comptroller, decision in the matter of an appeal from the decision of the City Council to issue funding bonds in the sum of 173 " 11—Miller $55,000.00 ............... ............................................ ... ..I........... Wm. C., granted Class "B" beer permit............ 179 " 30—Memorial Building, Mayor authorized to file an appli- cation to the United States of America through the Federal Emergency Administration of Public Works for a grant to aid in financing the acquisition of a site and the construction of same .................................. 197 Sept. 6—Miller Robert E., requesting the Council to view the grounds as to the vacation of Charles Street and also as to the sale of Lot 37 in South Park Hill Addition....................................................202-207-214-221-237-242-243 " 6—Murtagh C. B., approval of Resolution No. 88-38 and application for temporary transfer of $40,000.00 from the Water Works Sinking Fund to the Water Works General Fund ...................................................... 203 " 6—Memorial Building Project, approval of the Planning ........................................... and Zoning Commission208 " 8—Memorial Building, special election for the issuance of $230,010.00 bonds to cover the expense of the erecting and equipping of same ......... ........................... 210.211-225 " 20—Murphy Councilman, appointed Mayor Pro Tem of 212 the meeting ............................................................... ........ " 20—Millville Road or West 32nd Street, decision of Coun- cil that the low spots be raised with rock fill........ 214 " 20—Magee Thos. J. Estate, granted Class "C" beer permit 216 " 23—Murphy Insurance Agency, requesting cancellation of liability on the excavation bond of W. J. Jordan.... 220 Oct. 3—Murtagh C. B., approval of Resolution No. 101-38 and application for permanent transfer of $7,355.66 from the Emergency Fund to the General Fund............ 225 " 3—Meyers Charles F., requesting a refund on cigarette .................................................................................. license226 INDEX—Book 68 SUBJECT pago " 3—Milldr 'R. 'E., submitting an offer for the purchase of Lot 37 of South Park Hill Addition and that portion of Charles Street adjoining said lot on Its north boundary ...................... ........227-237-242-243 " 3—Melssen Hubert and Veronica, renewal of Class "B" beerpermit........................................................................ 227-•228 ' 24 --Maas 'Peter, suspension of 1937 taxes ............................ 235.273 " 24—Miller Mrs. Katie A., suspension of 1937 taxes........ 'Nbv. 235-248 7—Mississippi Valley Association, extending invitation to Council to attend annual meeting at:St. Louis, Mo. " 241 17—Marshall Jacksbn M., requesting that the petition of the Dubtique Packing Company be denied 250 ................ " 28—Yiai-Ah'all Caroline Eleanora, Executrix of the Estate of Harry E. Marshall and Jackson M. Marshall, `Operator of Marshall'Boiidr Works, requesting that the petition of Dubuque 'Packing Company for Abe private kme' of street 'and alley be denied .................... " 28=Mtirlihy •Ellen E., et al, sign bond ...................................... 254 256 Dec. 5—Mett1'orial 'Commission, 'appointment of said com- mission .......................... " 19—Mid-Continent Petroleum, sign bond 259 ............................... " 27—Merfgts 'Waiter, requesting that the one hour parking 'limit 273 on Central Avenue be extended north to 18th Street Instead of to 16th Street ................................ 277 INDEX—Book 68 1938 SUBJECT Page N Jan. 3—National Guard Company, requesting inspection of the Fire Headquarters Building at 9th and Iowa H Streets with a view of removing the local limita- tions on the Armory floor ................................................ 2-8 " 3 --Neiman Jacob D., requesting that all penalty and in- terest charges be cancelled on his special assess- ments and also requesting the lowering of said special assessments.......................................................... 3-18 Mar. 7—Nicks Ray and Fred Herber, granted cigarette permit 42 .Apr. 4—Nelson Al J., submitting application for the office of CitySolicitor...................................................................... 77 " 4—Nesler & Buechel, excavation bond .................................... 81 " 19—Nelson Al J., City Solicitor, bond ...................................... 84 " 19—Nelson F. A., granted Class "B" beer permit............ 87 June 6—Nardin George, transfer of Class "B" beer permit........ 120-121 " 30—Norton Arthur, granted Class "B" beer permit........ 131-132 " 30—Nicks Ray and Fred Herber, renewal of cigarette per- mit.......................................................................................... 134 " 30—Norty's Tavern, granted cigarette permit ........................ 135 Aug. 11—Nelson Victor, notice of claim .......................................... 174 Sept. 6—Nardin George, granted Class "B" beer permit........ 208 " 6—Neubauer Harold, Mayor and City Clerk directed to issue a Quit Claim Deed to him for the purchase of Lot 27B of A. P. Wood's Addition .......................... 209 " 23—Norton Arthur, transfer of Class "B" beer permit.... 222 Oct. 3—Nickels C. W., et al, requesting the installation of a stop -and -go traffic light on Central Avenue at the intersection of Kaufman Avenue and Twenty-sec- ondStreet.......................................................................... 226-244 Nov. 28—Nesler F. A. & Son, sign bond .......................................... 257 " 28—Norton Arthur, transfer of Class "B" beer permit.... 257 Dec. 5—Norton Walter C., et al, chauffers of taxicabs, re- questing consideration with reference to parking and requesting that an ordinance be adopted wak- ing it a misdemeanor to attempt to beat a taxi bill 260 INDEX—Book 68 1938 SUBJECT Page O Jan. 3—Ordinance No. 19-37. An ordinance amending an ordinance establishing a Building Code by repeal- ing Section 639 relating to the location of heating plants in theaters ...... 24—Ordinance No. 1-38. Granting J. F. Stampfer Com- pany the right to construct and maintain an un- loading platform in the alley abutting City Lot 30 24—Ordinance No. 2-38. Amending Ordinance No. 4-33 by repealing the provisions thereof relating to itin- erant physicians, and surgeons as provided in Paragraph 309, Section 1, and enacting a substitute therefor 24—Ordinance No. 3-38, Requiring pawn brokers, junk dealers and dealers in second-hand goods to give no- tice of the purchase or receipt of mechanics' tools and equipment; prohibiting the purchase by pawn brokers, junk dealers and dealers in second-hand goods of any property from minors..' * ... ** ... * inors............ Mar. 7—Ordinance No. 4-38. Granting Frank C. Luther the right to construct a canopy over the sidewalk abutting Lot 1 of the Sub. of Lot 2 of the Sub. of Lot 1 of the Sub. of Lot 1 of the Sub. of Lot 16 in Mount Pleasant Add. .......... 7—Ordinance No. 5-38. Granting Clem J. McGuire per- mission to construct an unloading platform in the alley abutting City Lot 752 and 753 ........................ " 19—Ordinance No. 6-38. Granting George A. Burden, Viola Rider Burden, Cornelia Rider Possart, Fran- ces Rider Lee, Viola Burden James, George R. Bur- den, Ellen Rider Knowlton, heirs at law of Sam P. Rider, deceased, J. M. Burch Jr. and W. M. Kretschmer, trustees under the will of Sant P. Rider deceased, and J. J. Jacobson, Lessee, the right to construct a canopy over the sidewalk abut- ting the north 40 feet of City Lot 36A ........................ 19—Ordinance No. 7-38. Amending Ordinance,No. 3-34 "The Zoning Ordinance of the City of Dubuque" by repealing Subdivision (d) of Article IX relating to the location of filling stations and public garages and enacting a substitute therefor; and also by repealing the definitions of public and storage garages as contained within Article X and enacting substitutes therefor ............................... 19—Oneyear Frank J., submitting an offer for the purchase Of City property located at 1801 Prescott Street.... 22—Ordinance No. 8-38. Appropriating money for the various funds and purposes for the fiscal year beginning April 1, 1938 and ending March 31, 1939 Apr. 19—O'Brien J. Ray, transfer of Class "B" beer permit........ May 2—Ordinance No. 9-38. Granting Homer V. Butt, his heirs and assigns, the right to construct and main- tain an ingress and egress platform in the street and upon the sidewalk abutting the South- easterly two-fifths of City Lot 465 ............................ 20—Ott Arthur W., requesting permission to place a banner across Main Street .............................................. " 20—Ordinance No. 10-38. An ordinance repealing Ordi- nance No. 9-33, entitled: An ordinance amending an ordinance entitled. An ordinance authorizing Interstate Power Company, its successors and as- signs to substitute motor bus transportation for 1-2 9-14 9-35 10-15 44-50 44-50.51 52-72 52-73 53 66-74-75 87 99-106 104 I INDEX—Book 68 1938 SUBJECT Page W, transportation for street railway transportation in the City of Dubuque ................ .... ...... ............................. 109.115-116 20—Ordinance No. 11-38. An ordinance repealing Ordi- nance No. 20-32, entitled: An ordinance amending an ordinance entitled No. 15--32. An ordinance authorizing the Interstate Power Company, its successors and assigns, to substitute motor bus transportation for street railway transportation in the City of Dubuque ...................... .................... ................ 109.115-116 20—Ordinance No. 12-38. An ordinance amending an ordinance entitled: Ordinance No. 15-32. An ordi- nance authorizing Interstate Power Company, its successors and assigns to substitute motor bus transportation for street railway transportation in the City of Dubuque ...............................................109.116-117-118 June 6—Ordinance No. 13-38. An ordinance granting to Viola Rider Burden, Cornelia Rider Possart, Frances Rid- er Lee, Viola Burden James and George R. Bur- den, owners, and S. S. Kresge Company, lessee, and L. B. Wertz, sub -lessee, the right to construct and maintain an unloading platform in the alley abutting the South 7 feet of City Lot 28A and the North 33 feet of City Lot 27 ............................. .......... .113-126-127 30—Ordinance. No. 14-38. An ordinance vacating that portion of the alley lying first westerly of Avoca Street and between Lots 165 Finley Addition and Lots 328, 329, 330, 331 and 332 Woodlawn Park Addition and extending southwesterly from Cherry Street to the intersection of said alley with the alley lying westerly of Lot 165 of Finley Addi- tion..................................................... :............................ 129-130-143-144 30—Ordinance No. 15-38. An ordinance granting to C. A. Voelker Estate, owners, and Christian E. Staheli and Ernest W. Pfalzgraf, doing business under the firm name of the City Market, the right to construct an unloading platform in the alley abutting the south 2-5 of Lot 1 and Lot 2 of City Lot 444........ 130-145 30—Ordinance No. 16-38. An ordinance granting Trausch Baking Company the right to build, install and maintain an underground unloading hopper and coal storage bin in Salina Street, in the rear of Lot 4 of Dubuque Harbor Company's Addition.... 130-146-147 30—Ordinance No. 17-38. An ordinance granting Trausch Baking Company the right to build, install and maintain an underground gasoline storage tank in Salina Street in the rear of Lot 1 of Lot I. of Lot 1 of Lot 3 of Dubuque Harbor Company's Addi- tion........................................................................................130-147-148 30—O'Brien Mrs. Margaret, granted Class "B" beer per- mit........ 131-132 ............................................................ 30—O'Regan Timothy, grant Class "B" beer permit........ 131-133 30—Oriole's Lodge, granted Class "B" beer permit............ 132-133 " 30—O'Regan Timothy, renewal of cigarette permit............ 134 July 5—Oxus Caldron, requesiting permission to use 12th Street between Locust and Bluff Streets ................ 137 " 12—Ordinances to be revised and compiled under a W. P. A. project. .................................................... " 20—O'Leary Daniel J., Plumbing Inspector, bond of ......... 156 20—Ordinance No. 18-38. An ordinance amending Ordi- nance No. 9-35 providing for the issuance of Class "B" and Class "C" beer permits and fixing permit fees.161-165-166 ....................................................................................... INDEX—Book 68 ]93s SIT i 3J 1,X T Page X Aug. 11—Okey Vern, transfer of Class "B" beer permit............ 179-•185 11—Ordinance No. 19-38. An ordinance providing for the limitation upon the issuance of Class "B" beerpermits...................................................................... 180.186 11—Ordinance No. 20-38. An ordinance granting to Clif- ton B. Trewin, and Ellis Tindell the right to con- struct and maintain a porch and steps in the alley in the rear of Lot 25 of G. W. Rogers Subdivision 180-187 11—Ordinance No. 21-38. An ordinance granting to Kath- erine W. Bradley and Andrew D. Karigan the right to construct and maintain an unloading plat- form in the alley abutting City Lot 25 ................180-187-18'8 20 ---Ordinance No. 22-38. An ordinance amending Ordi- nance No. 3-34, Zoning Ordinance of the City of Dubuque and changing the Zoning Map, by amend- ing Section 1, Use Regulations of Article IV, mul- tiple residence district, by adding thereto an addi- tional paragraph prescribing an additional purpose for which buildings within a certain prescribed area, in said multiple residence district may be used........................................................................................192-203-204 " 30—Oliver Wm. R. et al, requesting that Valley Street be repaired and placed in a passable condition.... 194 " 30—Ordinance No. 23-38. An ordinance providing for written agreements between the City of Dubuque, Iowa, and members of the Police and Fire Depart- ments of the City of Dubuque, Iowa, who have con- tributed to the Pension Funds of fheir respective departments, and the surviving dependents of the deceased members of said Police and Fire De- partments who have so contributed ....... ............ 200-204-205-206 30—Ordinance No. 24-38. An ordinance granting to Spa.hn and Rose Lumber Company the right to construct and maintain areaways above the side- walk level or surface in Washington Street and in East Eighth Avenue adjacent to and abutting the South one-half of City Lot 415 ......................................200-.206-207 Sept. 6—Olanosky Wm., requesting an adjustment of the pen- alty charges on the delinquent special assessments levied against the North 1-5 and the North �/a of the North Middle 1-5 of City Lot 442 for the paving of Central Avenue202-214 ............................ . G—O'Brien Mrs. Margaret, transfer of address of Class "B„ beer permit................................................................ 208 20—Osweiler Van Service, notice of claim ............................ 212 Oct. 7—Ordinance No. 25-38. An ordinance amending Ordi- nance No. 3-34, Zoning Ordinance of the City of Dubuque and changing the Zoning Map by chang- ing from "Two Family Residence District" to "Local Business District" all of Lots 15 and 16 19 of part of Farley's Subdivision ....................... ..... 229230- 235-236 24—Ordinance No. 26-38. An ordinance vacating that part of Charles Street from Broadway to east line of alley first west of Broadway and conveying the same to Robert E. Miller and that part of Charles Street from the west line of the alley, first west of Broadway to Muscatine Street .................................... Nov. 17—Ordinance No. 27-1938. An ordinance vacating cer. 237-242 tain designated streets or parts of streets and alleys INDEX—Book 68 1938 SUB XT Page r01 LJ in Railroad Addition and in Wiltse's Dubuque and granting and conveying said vacated streets or parts of street and alleys to the Chicago, Mil- waukee, St. Paul and Pacific Railroad Company..252-254-255- 256-272 28—Ordinance No. 28-38. An ordinance amending and changing the Zoning Map, by changing from "Single Family Residence District" to "Local Pusiness Dis- trict" Lot 1 of Lot 1 of Lot 1 of Mineral Lot 12 and by extending said "Local Business District" easterly to the center line of Rowan Street and southerly to the center line of Scully Street........ 253-260 " 28—Ordinance No. 29-38. An ordinance amending an ordinance entitled "Ordinance 4-1933," relating to the licensing of auctioneers ..................................253-261-262-263 28—Ordinance No. 30-38. An ordinance granting ' J. F. Stampfer Co., the right to construct and maintain an unloading platform and enclosed entrance in the alley abutting City Lot 29 ..............................................258-263-264 Dec. 5—Okey Vern, granted Class "B" beer permit ................ 265 19—Ordinance No. 31-38. An ordinance granting to Frank R. Lacy, trustee owner, and James Yiannias lessee, their heirs and assigns the right to construct and maintain a canopy in front of the Avon Theatre, over the sidewalk abutting the North 33 feet of South 49 feet of City Lot 52 ........................................ 274-279-.280 19—Ordinance No. 32-38. An Ordinance amending Ordi- nance 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" of said City .................................... 276-277 INDEX—Book 68 1938 SUBJECT Page F6 Jan. 24—Payrolls for month of December, 1937 .......................... 7 24—Pinger Carl J., Class "B" beer permit .......................... 8-9 24—Poire Al V., Class "B" beer permit ................................ Feb. 7—Planning and Zoning Commission, recommendation on 8-9 petition of E. E. Frith Company requesting the vacation of southerly 25 feet of Eighteenth Street.. 16 Mar. 7—Playground and Recreation Commission, requesting Council to give consideration to the coasting on Bennett Street when considering bus service over said srteet ................. 7—Perfection Oil Company, requesting permission to construct a side track to their bulk plant property at Eagle Point ....................... ..... " 7—Planning and Zoning Commission, submitting recom- 37-148 mendation on the petition of Mettel Realty and Investment Company for the vacation of alley in Finley Additno ...................... . " 7—Payrolls for month of January, 1938 ............................ " 11—Pye J. A., requesting 39.4041 that the property owned by L. F. Baier located at the west end of West 3rd and Dodge Streets just south of Bennett Street be considered as a recreation center " ............................ 11—Payrolls for month of February, 1938 .............................. " 22—Planning 46 47 and Zoning Commission, recommendation on request of Frank R. Zemanek for vacation of alley from south of Green Street from Avoca Street east to the easterly line of Mills West Dubuque Addition................................................................................ Apr. 4—Peryon A. G., sin policy 68 ...................................................... 4—Patch L. R., sin " 81 19—Payrolls for monthofMarch, 1938 " 81 .................................... 19—Primary Road Extensions, maintenance of all85 Mary road extensions with the City during the calendar year 1938 to be done and paid for by the State Highway Commission out of the primary road fund ...................... ........ .....85-86-98-107.123 " 19—Playground Sinking Fund, balance of $807.01 trans- to the General nd May 20—Pay ollsdfor month 86 of April, 938 ..................................... June 6—Parent-Teachers Association, 107 requestingthe of an ordinance regulating the operation of bicycles on the streets of the City of Dubuque ...................... 6—Planning and Zoning Commission, recommendation that the petition of Felix 112 G. Becker and E. J. Vog- genthaler requesting the vacation of Wall Street, „ abutting their properties be denied ..................... 30—Puccio Anthony, 120 requesting exemption from the Fruit " License 30—Payrollsers ............................. ........... for for the month of May, 1938 30—Poquett Millard, Y ................. 124 128 t......... granted Class "B" beer permit " 30—Poire Al V., ........ " granted Class B" beer 30—Peed permit....... 131-133 Thomas it.... granted Class B" beer permit.... 30—Pochter Charles, granted Class '" 131-133 131-133 30—Pins Arthur W B beer permit........ " 30—Potterveld Drug granted Class "B" beer permit........ 132-133 132-133 " 30—Petrakis Peter, enewal eOfal Of permit........ « 134 ciga cigarette per 30—Page Hotel Co., renewal Of cigarette permit ..::::....:::.: 30—Pins Arthur, 134 134 granted cigarette permit ............................ 30—Peryon A. G., granted " 134 135 cigarette .......................... 30—Pochter Charles, granted cigarette July 12—Playground and Recreation 135 Commissionr certifying' the the sum of $13,050.00 for tax purposes 135 .............................. 141 INDEX -Book 68 1938 SUBJECT Page it P " 12—Paisley Walter W., application for appointment of Police Judge 142-169 " 12—Peschong Ernest V., approval of applicMion for Class "B„ beer permit.................................................................. 150 " 12—Playground and Recreation Commission ordered to Install toilet facilities and a bubbler fountain at the playgrounds on Rafferty Slough .............................. 152-170 " 20—Potter Jerry, Warranty Deed, Plat and Abstract of Title, to the Dubuque Park Board of Lot 2 of Lot 1 of Lot 1 of Eagle Point View .................................. 154 " 20—Payrolls for the month of June, 1938 ............................... 156 " 20—Powers Mrs. Ray, excavation bond.., .... ...................... ..... 156 „ 20—Paradiso N., sign. bond............................................................ 166 " 20—Premier Pabst Sales Company, sign bond ........................ 157 " 20—Potosi Brewing Company, sign bond ................................ 157 " 20—Palmer Norman, granted Class "B" beer permit........ 160 Aug. 1—Planning and Zoning Commission, submitting recom- mendation on petition of A. M. Hoffmann ................ 163 " 1—Planning and Zoning Commission submitting recom- mendation on petition of Dubuque Library Board for vacation of alley ........................ I........................... 167 " 1—Police Judge, report of investigation of City Council in the matter of applications .................................... 169 " 11—Peter Mrs Anna et al, requesting that Hazel Street be improved its full length .......................................... 174-214 " 11—Payrolls for the month of July, 1938 ............................ 175 " 30—Planning and Zoning Commission, submitting recom- mendation on the petition of Anna Strueber et al 194 " 30—Planning and Zoning Commission, recommendation on approval of plans for Water Works Improvements.... 195-196 Sept, 6—Planning and Zoning Commission, recommendation on petition of Charles Miller for the vacation of Charles Street.................................................................... 207 " 6—Planning and Zoning Commission, recommending ap- proval of the Memorial Building project ................... 208 " 20—Planning and Zoning Commission, recommendation on petition of Mr. and Mrs. Ralph Howe ........................ 213 " 20—Payrolls for the month of August, 1938 .......................... 214 " 23—Planning and Zoning Commission, recommendation on petition of Trustees of the Property of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company, asking vacation of certain streets and alleys east of their present shops property............ 221-252 Oct. 3—Plein Jos. Jr., requesting the installation of street lights on Davenport Street, also calling the atten- tion of the City Council to the dangerous condition of Davenport Street, and also to the open sewer drain at the base of his property .............................. 226-244 " 7—Payrolls for the month of September, 1938 ................ 230 " 24—Planning and Zoning Commission, recommending that the oral request of State Highway Department for the extension of Local Business District at Grand- view Avenue and Cascade Road be granted............ 236 Nov. 7—Pautvein M. J., requesting that the alley in the rear of 770 Angella Street be improved .............................. 241 " 17—Payrolls for the month of October, 1938 ...................... 251 " 17—Pinski George F., excavation bond .................................... 251 " 28—Page Karl J., et al, sign bond ............................................ 257 Dec. 5—Page Francis X., granted Class "B" beer permit........ 265 " 13—Payrolls for month of November, 1938 ............................ 269 " 19—Patch L. R., sign bond ........................................................ 272 " 19—Petrakis Charles, sign bond ................................................ 273 it INDEX—Book 68 1938 SUBJECT Page LN Mar. it—Quit Claim Deed of Benjamin Becke, conveying the westerly 25 feet of Lot 10 of Lot 3 also Lot 1 of Lot 1 also Lot 2 of Lot 1 of Min. Lot 319 .................... 47 .lune 30—Quinlan Robert J., granted Class "B" beer permit.... 132-133 11 30—Quinlan Robert J., granted cigarette permit .............. 135 Sept. 6—Quit Claim Deed, City of Dubuque to Harold Neubauer of Lot 27B of A. P. Wood's Addition .......................... 209 Nov. 28—Quinlan R. J. and Mrs. Margaret, sign bond ............ 257 INDEX- Rook 68 1938 SU IL) ECT Page R Jan. 3—Ruprecht Alfred C., notice of claim .............................. 3 " 24—Receipts for month of November, 1937, proof of pub- lication.................................................................................. 7 Feb. 7—Richards Mrs. F. A., notice of claim ................................ 13-129 " 7—Receipts for month of December, 1937, proof of pub- lication16 .................................................................................. Mar. 7—Roggensack Albert, claim of .................................................. 35 " 7—Rausch Mr. and Mrs., opening of the alley first east of Grandview Avenue from South Hill Street north 41 " 11—Robothem Ruth, claim for personal injuries ................ 46 " 11—Rhomberg Karl J., tendering his resignation as Board of Education member on Playground and Recrea- tion Commission................................................................ 47-67 " 22—Receipts for month of January, 1938, proof of pub- lication................................................................................. 68 " 29—Receipts for month of February, 1938, proof of pub- lication................................................................................ 72 " 29—Reiter Andy, transfer of Class "B" beer permit.......... 76 Apr. 19—Robothem Ruth, original notice of shit .......................... 84 " 25—Rawson Walter, appointed as a member of Civil Service Commission to fill unexpired term of B. C. Schmid................................................................................. 92.93 May 2—Riley William, claim of... ....................................................... 95.217-218 " 2—Receipts for month of March, 1938, proof of publication 9B " 2—Realty Investors Corporation, agreement on vacation of alley in the rear of Lot 332 Woodlawn Park.... 98 " 20—Reis Frank, granted Class "B" beer permit .................... 102-103 " 20—Roshek Bros. Co. et al, urging the City Council to promptly rescind its action whereby it approved Daylight Saving Time ...................................................... 103 June 6—Rules and Regulations covering use of Municipal AthleticField.................................................................... 114 " 30—Receipts for month of April, 1938, proof of publication 127 " 30—Reuter Frank, granted Class "B" beer permit ........... 131.132 " 30—Roshek Brothers Company, granted Class "B" beer permit.................................................................................... 131-132 " 30—Roth John, granted Class "B" beer permit ............... 132-133 " 30—Ragatz George, renewal of cigarette permit ................ 134 " 30—Reis Frank, granted cigarette permit .............................. 135 " 30—Roshek Bros. Co., granted cigarette permit ................... 135 " 30—Ruegnitz, B. A. Lab., granted cigarette permit............ 135 July 5—Roselip Mrs. et al, requesting that the upper portion of Roosevelt Street be repaired .................................... 138 " 20—Receipts for month of May, 1938, proof of publication 156 " 20—Rhomberg A. A., City Manager, bond of ........................ 156 „ 20—Rotman Sam., sign bond ...................................... ............. 15 Aug. 1—Report of investigation of City Council in the mat- ter of application for Police Judge ......... ................. 169 " 11—Receipts for month of June, 1938, proof of publication 175 " 18—Rettenmaier John J., granted Class "B" beer permit 185 " 30—Receipts for month of July,.1938, proof of publication 194 " 30—Recker Mrs. Elsie, transfer of Class "B" beer permit 195 Sept. 20—Rhomberg A. A., City Manager, authorized to attend the Annual Conference of International City Man- agers' Association at Boston, Mass ............................. 219 " 23—Republican County Central Committee, requesting permission to string a banner across Main Street 220 " 23—Reynolds Wesley B., by E. J. Murray, Agent, owner of the north 23 feet of City Lot 8, requesting permission to erect stairway and platform to an entrance to the main floor only on the Third Street side of the building............................................................ 220-231 INDEX — Book 68 1938 SUBJECT Page " 23—Rhomberg T. E. et al, protesting and objecting to the granting of the petition of the Trustees of the Property of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company requesting the vaca- tion of certain streets and alleys to the extent that It includes the vacation of 19th Street, Hickory Street and 20th Street ..................................................... 221 Oct. 3—Recker Mrs. Elsie, renewal of Class "B" beer permit 227-228 7—Receipts for month of August, 1938, proof of publica- tion........................................................................................ 230 " 24—Retail Merchants Bureau, suggesting one hour parking space on both sides of Locust Street between Sixth and Seventh Streets, on the north side of Sixth Street from Locust to Bluff Streets, Bluff Street on the east side from Sixth to Seventh Streets and the south side of Seventh Street from Bluff to Lo- custStreets.......................................................................... 234 " 24—Rowan Street, petition of Charles P. Fay et al, re- questing that said street be surveyed, graded and rock placed on said street ............................................ 234-243 " 24—Roepsch George J., suspension of 1937 taxes ................ 235-248 " 24—Receipts for month of September, 1938, proof of publi- cation................................ ........ .. " 24—Ryan Wm. L., Chief of Fire Dept., submitting a report on two surveys made relative to the congestion in the alleys in the business area and recom- mending that an ordinance be passed regulating parking in the alleys........................................................ '137 Nov. 17—Roschitsch Mrs. J. V., notice of claim .......................... 250 " 17—Retail Merchants Bureau, requesting permission to hold a parade on November 25, etc., also for permis- sion to erect Christmas lighting decorations at street intersections, the City to assume the cost " of current for the lights .......................................... 250 17—Roshek Realty Company, requesting protection for the fence surrounding their property on Seventh " Street between Main and Locust Streets ................ 251-265 28—Roehl-Phillipa " Furniture Company, sign bond............ 256 28—Rath George & Sons, et al, sign bond ............................ 257 28—Rolling " L. P., sign bond ........................................................ 257 28—Rotman Louis, sign bond ...................................................... 257 Dec. 5—Receipts for month of October, 1938, proof of publi- " cation........................................ 264 13—Rohr " Catherine, suspension of 1937 taxes ...................... 268 19—Riddle Bernice, Administratrix of the Estate of " Charles A. Riddle, Original Notice of Suit............ 272-278 19—Renier " Building Fund, sign bond .................................... 273 27—Rhoades C. E., Manager of Dubuque Automobile Club, objecting to proposed plan to have the busses load and unload on the far corners of the intersections " on Main Street between 4th Street and 11th Street 277-281 27—Receipts for month of November, 1938, proof of publi- cation.................................................................................... 280 INDEX --Book 68 1938 SITBJECT Page S Jan. 24—Swift Sam, notice of claim .............................................. 5-10 " 24—Seitz Mrs. J. P., bill in the amount of $17.71 for cleaning out sewer connection ........................................ 5-17-36 " 24—Spielman J. L., Class "B" beer permit ....................... 8-•9 " 24—Stuart Anna, settlement of claim ...................................... 10 Feb. 7—Slater Mrs. Dorothy, notice of claim .............................. 13 17 " 7—Spiritual Science Society, sign bond .............................. Mar. 7—Schaul Mrs. Anna, notice of claim.....................................36-198 36-258 " 7—Sowle Vincent, notice of claim .......................................... 36 " 7—Slater Dorothy, original notice of suit ............................... " 7—Schnee Katherine, requesting a refund of penalty and interest charges paid on delinquent special assess- ments levied against Lot 1 Sub. 42 and East ' z of East 1/4 of Lot 43 of Kelly's Sub ........................... 37 " 7—Sitterly Joseph, requesting suspension of 1937 taxes 38-224 " 7—Shambaugh Mrs., asking that the alley first east of Grandview Avenue from South Hill Street north remain unopened or be vacated ................ I................. 41 " 19—Stoltz Edward Sr., offering to sell his land located on Highway No. 20 for playground purposes ................ 49 " 19—Seubert & Fesler, bill in the amount of $63.56 ordered paid....................................................................................... 53 " 22—Schnee Michael, previous action of Council in grant- ing request for redemption of tax sale certificate against Lot 20 of McCraney's 1st Addition resoind- ............................................................ 69 " 29—Shaw Harry, Executor of the Estate of W. H. Shaw, deceased, requesting that the County Treasurer be instructed to accept the sum of $390.98 in full pay- ment of the special assessments levied against the South 1/2 of Lot and all of Lots 30, 32, 33, 34, Apr. 4—Shea .29 35 in O'Neill's Sub. No. 3, Fund 903.x ...................... J. J., City Clerk, continuation certificate on bond 71 80 4—Smith Carl J., sign policy ...................................................... 81 " 4—Stampfer Thomas M., appointed as a member of 83 Dock Board term expiring November 26, 1940........ " 4—Siegworth Geo. P., requesting bus service on Dodge Street between Bryant Street and Grandview 83 .......................................................... . Avenue................ " 19—Schmid B. C., et al, requesting that Ordinance No. 192 be either repealed or amended relative to display- ing merchandise on the sidewalks in the public 84 " 19—St. market district ......................................... John the Baptist Church, requesting permission to " 21—Sowle hang a banner across Main Street, ...... ............ .... . Vincent, original notice of suit .......................... 88 88-258 " 25—Schmid Manufacturing Company et al, advising that they favor Daylight Saving Time ...... ..................... 91 " 25—Schmid B. C., tendering resignation as a member of Civil Service Commission ................. ..._ .................... 91 May 2 --Shiloh Circle, Ladies of G. A. R., requesting permis- sion to change date of tag day sale to October 1, 1938 ...................................................................................... .. 96 " 2—Spahn Arthur and Raymond Wright, granted Class 97 98 "B" beer permit............................................................. " 2—Sullivan Jos. J., granted Class "C" beer permit............ 97-98 " 2—Smith Harry, granted Class "C" beer permit ................. 97-98 " 20—Schwietering Jacob, granted Class "C" beer permit 102-103 " 20—Schmid B. C., requesting permission to hang a banner acrossMain Street.......................................................... 106 INDEX—Book 68 1938 SUBJECT Page S " 20—Struber Anna et al, requesting the owner of the pro- perty at 581 Seminary Street be not allowed to establish a tinshop in the building in the rear of saidproperty...................................................................... June 6—St. Catherine's Parish, Route 4, requesting permis- 105.194 sion to hang a sign across Main Street ...................... " 112 6—Savary Chas., granted Class "C" beer permit ................ 120.121 " 30—Spielman Chas., addressed the Council relative to the charges made for bus fare and also for electricity.... " 124 30—St. Mary's Church, requesting permission to display a banner across Main Street ............ 24 30—St. Mark's Lutheran Church, Women's Guild, re- questing permission to block off 12th Street be- tween Locust and Bluff Streets .................................... " 124 30—Spahn & Rose Lumber Company, requesting permis- sion to erect a wall around their area ways..126-188-200.206-207 30—Stoltz Raymond J., granted Class "B" beer permit.... 30—Schauffhauser William, "B" 131-132 granted Class beer permit " 30—Schmitt Frank, granted Class `B" beer permit 131-133 ............. " 30—Stieber John, granted Class "B" beer permit............ " 30—Schiltz Andrew, "B" 131-133 131-133 granted' Class beer permit........ 30—Schnee Michael B., granted Class "B" beer 131-133 permit.... 30—Sheehan Mrs. Agnes L., granted Class "B" beer permit 131-133 131-133 30—Steffen Nicholas, granted Class "B" beer permit........ " 30—Scherer George J., "B" 131-133 granted Class beer permit........ " 30—Slack James, granted Class "B" beer permit............ " 131-133 30—Stemm John, granted Class "B" beer permit ............... " 30—Sand Frank, "B" 131-133 131-133 granted Class beer permit ................ " 30—Sand Mike, granted Class "B" beer permit " 131-133 dab .................... 30—Savary William, granted Class "B" beer permit........ " 30—Snyder Charles T„ 132-133 132-133 granted Class " ` 30—Spielman Harvey L. "B" granted Class beer permit.... " 30—Smith Percy L., granted Class "B" beer " 132-133 permit........ 30—Scherer George J., renewal of cigarette 30—Steffen N. ermit....::...... 132-133 134 F., renewal of cigarette permit 30—Schaetzle John, renewal of cigarette 30—Stampfer Co., J. F., renewal ofcigarette permit............ permit............ 134 134 30—Schneider Joseph C., „ granted cigarette permit ................ 30—Stoltz Raymond and George 134 136 Zillig, granted cigarette permit.......................... 30—Schroeder-Kleine Grocer Co., 135 mitgranted cigarette per- �� ................................................... 30—Sand Mike, ....... " 30—Stemm John ranted cigarette permit ................................ 136 135 ;? " granted 30—Stavros Georg•e,gianted ciga ette pert permit Jly......., 5—Sullivan ................ Thos. P., granted cigarette permit ................ 12—St. Joseph Mercy Hospital, 135 138 requesting a refund on penalty and interest charges paid on redemption of tax sale certificate held by City of Dubuque on Lot 2 of 1 of City Lot 731 " # ........................... 12—Spensley Anna T., Agent, requesting the cancellation 142155 fi of all penalties and interest upon the remaining in- stallments of special assessments against Lot 6 in Block 11 of Dubuque Harbor Company's Addition.... 12—Swift Clarence, suspended for fifteen days 142-158 conduct ............... for mis- " 20—Schetgen Clarence, Administrator of the estate of Joseph Schetgen, deceased, 148 claim for damages for injuries .............................. 20—Singer TheatresCor " 20—Sieg-Dubuque Company Inc., 154 156 sign bond ........................ 156 INDEX—Book 68 1938 SUBJECT Page S " 20—Schueller Nicholas F., wrecking bond .............................. 157 " 20—Spensley Luncheonette, sign bond ...................................... 157 „ 20—Slack James, sign bond ......................................................... 157 " 20—Star Brewing Company, sign bond ................................. 157 " 20—Standard Oil Company, sign bond ... .............................. 157 " 29—St, Paul's Mission House, Epwortb, Iowa, requesting permission to suspend a banner across Main Street 162 Aug. 1—Spensley Anna T., Agent, requesting suspension of the 1936 and 1937 taxes on Lot 2 of 1 of 1 of Min. Lot 139 ............................................. _............. _ .... 164-219 " 11—Shortell James E. et al, remonstrating against the proposed petition requesting the closing of the alley =i between Locust and Bluff Streets from Tenth to Eleventh Streets.............................................................. 174 11—St. John the Baptist Parish, Peosta. Iowa, requesting permission to erect a banner across Main Street.... 174 " 18—St. Peter's M. E. Church, requesting permission for the holding of a tag day on August 27, 1938............ 184 " 30—Smith A. H., Chairman Safety Committee, of both the Interstate Power Company and Kiwanis Service Club, requesting that stop signs be located on both sides of Seminary Street at the intersection of Madison Street that "Stop" in large letters be +} painted on pavement at all intersections where stop signs are located at the curb and that a stop and go light be located at the intersection of Fourteenth and Main Streets ........................................ 192-244 " 30—Scharff Louisa, suspension of 1937 taxes ...................... 194-224 " 30—St. Peter & Paul's Church Corp., Sherrill, Iowa, re- questing that fire service be extended to them........ 194 Sept. 6—Spera Guy C., requesting that the alley first west of Grandview Avenue running between Perry Street and Bradley Street be graded .................................... 201-214 " 6—Spielman Geraldine & Frank, granted Class "B" beer permit.... ................................................................................ " 20—Senior High School, requesting permission to hang a banner across Main Street .............................................. 212 " 20—Spensley Anne T., Agent, requesting agricultural ex- emption on Mineral Lot 138 for the years 1937 and 1938........................................................................................ 213-231 20—Spensley W. J. et al, requesting that the alley between Asbury and Finley on Cherry Street to the alley be - .J. tween Cherry Street and Green Street be graded ... 213 4 20—Shea J. J., City Clerk, appointed Acting City Manager during the absence of City Manager lthomberg- . 219 Oct. 3—Simon E. L. et al, requesting that sewage disposal facilities be installed to serve their properties on Seminary Street, Finley Street, Cherry Street, Hoyt Street, Ungs Street, Hazel Street and St. Ambrose Street.................................................................................... 226.243 " 3—Stampfer J. F. Company, requesting permission to build a canopy over the new entrance to their build- ing in the alley....................................................226-244-,258-263-264 " 24—Sutton N. M., requesting Council to view the alley east of Hill Street joining Wooten and Benson Streets relative to having the same improved in order that he may use his property ...................................... 234-243 " 24—State Highway Commission, relative to landscaping Lot 1 of Lot 1 of Lot 1 of Lot 1 of Mineral Lot 12 along Grandview Avenue when rezoned ............ 236-247-253-260 If INDEX—Book 68 1938 SUBJECT Page S " 24—Spahr Arthur J. and Raymond Wright, transfer of Class „B„ beer permit.................................................. 238 Nov. 17—Seeley Frank, suspension of 1937 taxes........................ 251-258 " 17—Seubert and Fesler, excavation bond ............................... 251 " 28—Schiltz J. Howard, notice of claim.................................... 253-270 " 28—Singer Sewing Machine Co., sign bond.......................... 257 " 28—Scheppele E. L. et al, sign bond.................................. 257 Dec. 5—Saegling Fred J. and Ed. M. Harks, granted Class "B" beerpermit.......................................................................... 265 " 13—Sanitary Milk Company, et al, requesting that East Seventh Street from Central Avenue to White r, Street be included in the restricted parking zone.... 268 " 19—Schaffhauser Wm. and St. George Hotel, sign bond........ 273 " 27—Schaffhauser Wm. et al, requesting the City Council to extend, In the proposed changes in the parking regulations for the downtown district, to Fifth and Central Avenue instead of Sixth and Central Avenue.................................................................................. 277 " 27—Spielman " J. L., granted cigarette permit...................... 280 27—Sullivan James, cancellation of 1937 taxes. ................... 280 INDEX --Book 68 1935 till IU ECT Page f .Ian. 3—Tavern Keepers' Association, submitting recommenda- tion that the City Council adopt an ordinance regu- lating the number of Class "B" beer permits to be Issued.................................................................................... 2-3-20 Feb. 7—Truck Drivers Local requesting postponement of the consideration of the proposed milk ordinance........ 13 " 7—Trenkle H. Company, sign bond ........................................ 17 Mar. 7—The Greater Dubuque Association, requesting the Coun- cil to include in the Budget the cost of adequately and properly marking the streets ................................ 35 " 7—Times-Hotel Register Company, awarded contract for printing the index and binding the Council Proceed- ings for year 1937............................................................ 42 " 11—Tavern Owners' Association, objecting as to procedure In the case of granting beer permits as per write- up in Telegraph -Herald ................................................ 46 " 19—The Service Club, granted cigarette permit .................... 51 " 22—Trimpler W. F., granted Class "B" beer permit............ 69 Apr. 21—Tavern Keepers' Association protesting against Day- light Savings Time plan for City of Dubuque............ 88 " 21—Thompson F. W., granted Class "C" beer permit........ 89-90 June 30—Tindell Ellis, requesting permission to construct a porch and steps on the rear of his house at 632 Eighth Avenue............................................................124-166-180-187 " 30—The Macabees, requesting permission to use the lots west of the Dubuque Athletic Field for the holding of a carnival and that the rental and license fees bewaived.............................................................................. 124 " 30—Trausch Baking Company, requesting permission to build and install an underground coal hopper and storage . bin in Salina Street..................................125-130-146-347 " 30—Trausch Baking Company, requesting permission to build and install an underground gasoline storage tank in the rear of Lot 1 of Lot 1 of Lot 1 of Lot 3 of Dubuque Harbor Company's Addition ........ 125-130-147-148 " 30—Thull Della C., cancellation of 1937 taxes ....................... 125-224 30—The Page Hotel, granted Class "B" beer permit............ 131-133 30—The Dubuque Club, granted Class "B" beer permit.... 132-133 " 30—The Service Club, granted Class "B" beer permit.... 132-133 " 30—The Service Club, renewal of cigarette permit............ 134 " 30—The Triangle Cafe, renewal of cigarette permit........ 134 " 30—The Elks Lodge, renewal of cigarette permit............ 134 134 " 30—The Dubuque Club, renewal of cigarette permit............ " 30—The Interstate Co., renewal of cigarette petrmit........ 134 " 30—Thompson & Hogan, renewal of cigarette permit........ 134 " 30—Trapp Arthur J., renewal of cigarette permit ................ 134 " 30—The Rex, granted cigarette permit .................................... 135 135 " 30—Trimpler George, granted cigarette permit ...................... 157 July 20—Theisen 11 20—Trimpler Battery & Electric Co„ sign bond ............... W. P., transfer of Class "B" beer bond........ 160-168 Aug. 1—Taverns, City Solicitor instructed to draft an ordi- nance limiting the number as provided by statute, said ordinance to provide that such limitation shall not operate to revoke any permit or the renewal of any permit in force upon the adoption of the ordinance.............................................................................. 166 " 1—Traffic survey ordered to be made of the conditions in the streets and alleys in down town districts........ 167 " 11—Tax " 11—Tharp levies for the year 1938 ............................................ Wm., granted Class "B" beer permit ................ 172 179 INDEX—Book 68 1938 SUBJECT Page ii " 11—Trewin Clifton B., granted the right to construct and maintain a porch and steps in the alley in the rear of Lot 25 of G. W. Rogers Subdivision............ 180-187 " 18—The Volunteers of America, requesting permission for the holding of a tag day on September 10, 1938 184 " 30—The International City Managers Association, extend- ing an invitation to the City Council and City Manager to attend the Annual Conference of the " City Managers Association ............................................ 192 30—The Galloway Company, Inc., requesting permission to erect a platform on First Street for the holding " of a festival ............... ................................................. 193 30—Trustees .. of the property of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company requesting the vacation of certain streets and alleys in Rail- road Addition and in Wiltse's Addition ........ 193-194-•215-221-252- " 30—The Daily Tribune, requesting that they be allo ted255-256 272 the business of printing the Council Proceedings 30—Temporary in pamphlets transfer of $40,000.00 from the Water 4 Works Sinking Fund to the Water Works General Fund............................................................196-202-203 .......................... Sept. 20—Tschirgi Edward M., accountant Water Dept., bond 215 " 20—Tenenbom Super -Market, granted Class "C" beer per- mit................................ . " 23—Transfer of $7,355.66 from the Emergency g y Fund to the General Fund Oct. 3—The .................................... . Salvation Army, requesting• ••• 221.222-225 permission to conduct " their annual tag day 24—The Salvation Army, requesting permission holding of a tag day it 226 on Noember5, 1938, as was necessary to postpone the previous date October 22, 1938 of ov. 28—Tegeler ................................. ............................... Edward B., sign bond 234 ............................................ 257 r �— INDEX—Book 68 1935 SUBJECT Page U Jan. 3—U. S. Engineer OBice, Federal Bldg., Rock Island, Ill., submitting notice advising that the Board of Dock Commissioners requests a permit for works to be done all located in Mississippi River at Dubuque, Iowa...................................................................................... 3 Mar. 7—United Brotherhood Carpenters and Joiners Local, re- questing that companies of the Fire Department be brought up to full strength ............................................ 37 " 19—United Brotherhood Carpenters and Joiners Local, re- questing that all City work be done by Union Car- penters.................................................................................. 50 Apr. 4—Universal Car & Tractor Co., sign policy ...................... 81 June 6—Uppinghouse A. R., granted Class "B" beer permit.... 120-121 " 30—Uppinghouse A. R., renewal of cigarette permit....... 134 " 30—United Cigar -Whelan Stores Corporation, renewal of cigarettepermit ....... :........................................... ............ Aug. 30—United Brotherhood of Carpenters and Joiners, re- questing that streets upon which the Labor Day Parade will be held be cleared of all cars ................ 193 Oct. 3—United States of America, offer accepted to aid in financing the construction of improvements to WaterWorks System........................................................ 228 Dec. 5—Utzig Arnold, appointed as a member of Memorial Commission.......................................................................... 260 INDEX—Book 68 1938 SUBJECT Page V Mar. 11—Visiting Nurse Association, requesting the Council to reconsider the budget for the coming year and in- clude the amount of $1,200.00 for Visiting Nurse Association.......................................................................... 46 " 29—Veterans of Foreign Wars, Ladies' Auxiliary of the Leo Schwind Post, requesting permission for the holding of a Poppy Sale ............................................. 71 " 19—Voggenthaler E. J. and Felix G. Becker, requesting that Wall Street commencing with the south line of East Seventh Street to the westerly line of the railroad tracks crossing Blocks 19 and 20 in Du- buque Harbor Improvement Company's Addition be vacated and conveyed to said petitioners ................ 84-120 19—Vandercook H. A. Jr., granted Class "B" beer permit.... 87 May 20—Village of Stockton, Illinois, extending greetings on the initial air mail flight ................................................ 104 June 30—Voelker C. A., Estate, granted permission to construct an unloading platform in the alley abutting the south two-fifths of Lot 1 and Lot 2 of City Lot 444 " 130-145 30—Vogelsberg Albert J., granted Class "B" beer permit.... " 131-133 30—Van der Meulen Wm. F., granted Class "B" beer per- mit................................................................... ....................... July 12—Vander Meulen Wm. F. et al, objecting to the proposed 132-133 issue nf any more bonds unless approved by a voteof the people........................................................ " 20—Varvis Wm., sign bond 140-173 ...................... Aug. 18—Voggenthaler A. G. et al, requesting that Stine Street 156 from the intersection of Viola Street to the alley east of Stafford Avenue and the alley from Stine Street to Merz Street be put in a passable condi- tion........................................... 184-214-215 " 30—Valley Street, request that said street be repaired and Placed in a passable condition ..................................... 194 INDEX—Book 68 1938 SUBJECT Page ,1 Feb. 7—Weitz Paul J., requesting permission to erect a canopy 13.41 over the sidewalk at No. 1111 West 14th Street.... " 7—Wilberding .......................................... Henry, sign bond .. 16 17 " 7—Walker Shoe Company, sign bond .................................... 17 7—Ward " 7—Winters Market, sign bond ................................................... Chas F. & Franklin American Trust Co., sign Mar. 7—Williams bond........................................................................................ Mrs. Oscar, claim of ........................................ 17 25-238 " 7—Welbes Field, petition requesting the acquiring of 38 " 7—Waller said Held for recreational purposes ............................ R. D., re -appointed as a member of the Board of Zoning Adjustment, term to expire March 5, 1943 41 " 7—Wright Roy A., granted Class "B" beer permit........ 42 " 7—White-Phillips Company, contract providing for the financing of no fund warrants and other obligations which are payable from special funds ...................... 43-93-94-96-97 " 19—Welsh Mary, claim for personal injuries .................... 49-267 " 22—Woodward Robert L., requesting that he be not re- 67 appointed as a member of Civil Service Commission " 29—Weimer John H., submitting application for appoint- ment as a member of the Board of Review ............ 71 " 29—Works Progress Administration requested to reopen Project Number 2274 and Project Number 2956.... `u Apr. 4—Wharton Albert, submitting his resignation as a mem- " ber of Dubuque Dock Commission .............................. J. Edward, submitting application for the office 4—Whelan .............................. of Police Judge 77-78-111-155-156 ...................... . " 4—Weimer John H., appointed as a member of Board 79 ofReview.............................................................................. 82 " 4—Weitz Paul J., theatre canopy Policy .............................. 95-108 May 2—Walker " 20—Wiedner Les, claim of.............................................................. Edw. H. et a1, requesting that the streets east of Railroad Tracks at 17th and Sycamore Street and from Sycamore Street to Milwaukee 105-214 Shops be repaired......................................................... June 6—Wieser John et al, requesting the closing of the alley running from South Hill Street parallel with Grand- view Avenue from Lot 13 to Lot 3 in Stewart's Sub. 113 " 6—Wertz L. B., sub -lessee, requesting permission to con- struct an unloading platform in the alley in the rear of the south 7 feet of City Lot 28A and the north 33 feet of City Lot 27 ......................... ............... 113-126-127 " 6—Warren Dell, granted Class "B" beer permit............ 120-121 125-224 " 30—Wilson " 30—Wragg Mrs. Martha, suspension of 1937 taxes............ Thomas A., granted Class "B" beer permit.... 131.133 " 30—Weber Mrs. Cecelia, granted Class "B" beer permit.... 131-133 132-133 " 30—Weber Frank J., granted Class "B" beer permit............ A., Class "B" beer permit........ 132-133 " 30—Wright " 30—Wodrich Louis granted William E., granted Class "B" beer permit.... 132-133 " 30—Warren " 30—Wodrich Dell, renewal of cigarette permit .................... Wm., renewal of cigarette permit ................ 134 134 " 30—Walgreen Drug Co., renewal of cigarette permit........ 134 135 " 30—Wille Mrs. F. N., granted cigarette permit .................. 135 " 30—Weber, Mrs. Cecelia, granted cigarette permit............ 135 " 30—Wragg " 30—Wagner Thos. A., granted cigarette permit .................. Wm., granted cigarette permit ....................... 135 " 30—Witwer Grocer Co., granted cigarette permit ................ 135 139 July 5—Wallig Wm. Carl, granted Class "B" beer permit........ " 20—Warranty Deed, Plat and Abstract of Title, of Jerry Potter to the Dubuque Park Board of Lot 2 of Lot 1 of Lot 1 of Eagle Point View .................................. 154 INDEX—Book 68 1938 SUBJECT Page W " 20—Walgreen Drug Co., sign bond ........................................ " 157 20—Weiner Joseph J., approval of application for Class B" beer permit.............................................................. Aug. 1—Working rules and regulations concerning all 160.168 general working rules for members of Municipal Local 651 164 23—Water Works Improvements, authorizing the City Manager to file an application to the United States of America through the Federal Emergency Admin- istration of Public Works for a grant to aid in financing .......................... ..... ` 30—Water Works Improvements, recommendation 190-228 of Plan- ning and Zoning Commission on approval of plans " 195-196 30—Water Works Sinking Fund, temporary transfer of $40,000.00 to the Water Works General Fund.......... 196-202-203 30—Water Works General Fund, the amount of $82,500.00 appropriated from said fund for the purpose of financing 55 per cent of the cost of the construc- tion of Water Works Improvements ........................ Sept. 20—Weitz Alois, 197 granted Class "B" beer permit ................ " 23—Water Works Improvements, adoption of minimum 216 rates of pay for the various classifications of labor on said improvements ............. .......223-224-245-246 Oct. 7—Water Works Improvements, new deep well located on Lot 503 or 504 part of Ham's Addition ........ 231-237.238-246 Nov. 28—Waldorf Gertrude, suspension of 1937 taxes .................... " 28—Ward Market, 249-251 254-267 sign bond ..................... " 28—Western Union Telegraph Co., sign bond " 256 .................... 28—Walther Dairy Products, sign bond .................................. Dec. 5—Weber Ruben J., 256 267 granted Class "B" beer permit........ " 5—Water Works Improvements, construction 265 of a new 1,000,000 Gallon Reservoir .............................26&266-271-277-278 " 27—WKBB Radio Station, extending thanks to the City Council for their co-operation during the past year and extending heartiest wishes for the Christmas season and the year 1939 ................................................ 278 'sf INDEX—Book 68 1938 SUBJECT Page A Oct. 24—Yellow Cab Co., taxi cab policy .......................................... 237 Dec. 13—Yiannias James, operator of Avon Theatre, requesting permission for the building and maintenance of a new marquee .................... ............................................ 268-274.279-280 INDEX—Book 68 1938 SUBJECT Page Z Jan. 11 3—Zillig Peter J., granted cigarette permit .......................... 4 24—Zilllg Peter, Class "B" beer permit .............. 8-.9 Feb. 7—Zemanek Frank R., requesting a. reduction of the special assessments levied against Lots 2, 3, 4, 5 and 6 of Mills' West Dubuque Add. and also re- questing the vacation of the alley from south of Green Street from Avoca Street east to the easterly " line of Mills' West Dubuque Add.............................13-43-44-68 7—Zillig Peter, sign bond Mar. ............. 7—Zemanek Frank R., purchase of Lots 2, 3, 4, 5 and 6 17 Apr. Mills' West Dubuque ..................................................... 4—Zillig Adam, sign policy 43 " May ................................................... 4—Zoller Brewing Co., sign policy ..................... 2—Zogg Mrs. Minnie et al, requesting a reduction on the 81 81 assessments levied for the improvement of Roose- " velt Street ......................... ..... 2—Zeil Gus et al, requesting that Welbes Field be leased 95-96-120 for playground and recreational purposes June " .................. 30—Zillig Peter, renewal of cigarette permit ...................... 30—Zillig Adam, 96 134 " renewal of cigarette permit ........................ 30—Zelens Bert, granted cigarette permit 134 July ..................... 20—Zelens Bert et al, requesting the appointment "' of f 135 Dec. " J. Edward Whelan as Police Judge ............................ 19—Zoller Brewing Company, sign bond 165 .............................. 27—Zogg J. A., requesting cancellation of the penalty on 273 the special assessments levied against his pro- perty for the improvement of Roosevelt Street.... 27—Zillig Adam, Estate, requesting refund on cigarette 279 license.................................................................................... 279 Regular Session, January 3rd, 1938 1 City Council (Official) Regular Session, January 3rd, 1938. Council met at 7:40 P. M. Present—Mayor Chalmers, Coun- cilmen Bennett, Clark, Kane, Mur- phy, City Manager Rhomberg. Mayor Chalmers stated that this is the regular monthly meeting of the City Council for the purpose of acting upon such business as may properly come before the meeting. Ordinance No. 19-37 An ordinance amending an ordi- nance entitled: "An ordinance es- tablishing a Building Code for the City of Dubuque; creating the of- fice of Building Commissioner, fix- ing the salary of said officer and defining the powers and duties of such Building Commissioner, and prescribing penalties for violation thereof," by repealing Section 639 relating to the location of heating plants in theaters, and enacting a substitute therefor, and declaring an emergency, said ordinance hay. ing been passed upon first reading on December 20th, 1937, presented and read a second time. ORDINANCE NO. 19-37 An ordinance amending an ordi- nance entitled: "An ordinance estab- lishing a Building Code for the City of Dubuque; creating the office of Building Commissioner, fixing the salary of said officer and defining the powers and duties of such Build- ing Commissioner, and prescribing penalties for violation thereof," . by repealing Section 639 relating to the location of heating plants in theaters, and enacting a substitute therefor, and declaring an emergency. Be it ordained by the City Council of the City of Dubuque: PARAGRAPH 635, Section 1. That Section 639 of an ordinance entitled: "Art ordinance establishing a Build- ing Code for the City of Dubuque; creating the office of Building Com- missioner, fixing the salary of said officer and defining the powers and duties of such Building Commission- er, and prescribing penalties for vio- lation thereof," relating to the loca- tion of heating plants in theaters be and the same is hereby repealed. PARAGRAPH 636. Section 2. 'rhnt in lieu of said Section 639 hereby re- pealed, there be enacted the follow- ing: "Section 639. Location of heating plants. In any building to be erect- ed for use as a theater, heating plants shalt be located outside the building, or in an extension thereof, but In no case shall such plant be located under or within any portion of the building, nor shall any boiler or furnace used for heating or other purposes be located within the en- closing walls of a theater, nor under any passageway, court or stairway used as a means of egress. In any existing building to be reconstructed or remodeled for use as a theater, heating plants shall be located out- sideof such building or In an ex- tension thereof where the building within which it is proposed to op- erate the theater does not occupy the entire lot or parcel of real estate to be used for such purposes. If. however, such building does occupy the entire lot or parcel of real estate to be used for such purposes, then and in such event, such heating plants may be located within the building at such places therein as, in the judgment of the Building Commissioner and the Chief of the Fire Department, will constitute the least possible danger as a fire haz- ard, and in locating such heating Plants, boiler or furnaces used for heating or other purposes, due re- gard shall be given to passageways, courts and stairways used as means of egress from said building. In any event, whether such heating plants are located outside of or with- in the building to be used and occu- pied as a theater, the space alloted therefor shall be enclosed by solid masonry walls of not less than 12 inches in thickness or of reinforced concrete not less than 8 inches in thickness, and the ceiling shall be constructed of reinforced concrete of not less than 6 inches in thickness. Doorways in walls connecting with the building to be used as a theater shall be equipped with automati.: fire doors which shall at all times be in good working condition. Complete plans and specifications of any proposed heating plant show- ing the proposed location thereof, the character of heating plant to be used and the method of installation shall be submitted to the Building Commissioner and Chief of the Fire Department, and their approval shall be received therefor before such plant is installed. Any heating plant Installed in any building proposed to be used as a theater which does not conform to the foregoing pro- visions shall be condemned by the Building Commissioner as a fire hazard and the building shall not be used as a theater until such heat - Ing plants are made to conform to the foregoing regulations." PARAGRAPH 637 Section 3. This ordinance being deemed urgent and in the interest of public safety, health and convenience, shall be in force from and after Its final pass- age, adoption and approval by the City Council and publication as pro- vided by law. Passed upon first reading this 20th. da of December, 1937. Passed upon second reading this 3rd, day of January, 1938. Passed, adopted and approved upon final reading this 3rd. day of .lanuary, 1938. John Ii. Chalmers, Mayor. Carl A. Clark, M. R. Kane, Geo. 12. Murphy, A. M. Bennett, Councilmen. Attest: .1. J. Shea, City Clerk. Published officially in The Tele- graph -Herald newspaper, January 5th., 1938. 1-5-1T. .1. .1. Shea, City Clerk. Councilman Bennett moved that the reading just had be considered 2 Regular Session, January 3rd, 1938 the second reading of the ordi- nance. SCarried byeconded ythe ofollolwIng Murphy. vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Mur- phy. `Nays—None. Councilman Kane moved that the rules be suspended requiring an or. dinance to be read on three separ- ate days. Seconded by Councilman Bennett, Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Councilman Kane moved that the ordinance be read a third time. Sec- onded by Councilman Bennett. Car- ried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. The ordinance was then read a third time. Councilman Kane moved that the reading just had be considered the third reading of the ordinance. Seconded by Councilman Clark, Carried by the following vote: Yeas—Mayor Chalmers,, Council- men Bennett, Clark, Kane, Murphy, Nays—None. Councilman Clark moved the ad- option of the ordinance. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Original Notice of Suit of Kate Glass, plaintiff, vs. City of Dubuque, Iowa, defendant, in the amount of $600.00 for personal injuries receiv- ed in falling on icy sidewalk lead- ing from Jackson Park to Iowa Street at about Sixteenth Street,, presented and read. Councilman Bennett moved to re- fer the Original Notice of Suit to the City Solicitor. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Notice of Claim of Alfred C. Ru. precht in the amount of $3,000.00 for injuries received in a fall upon an icy sidewalk on the northerly side of 14th Street between Main Street and the alley next East of Alain Street, presented and read. Councilman Bennett moved to re- fer the Notice of Claim to the City Solicitor. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Communication of George C. Flanders, Capt., 133rd. Inf., Iowa N. G. Comdg. Co. "A," requesting that the building on 9th and Iowa Streets occupied by Fire Head- quarters and the National Guard Company be inspected by the City Building Commissioner as to the stability of said building to hold large crowds on the third floor, known as the Armory floor, pre. sented and read. Councilman Kane moved to refer the communication to the City Man- ager and Building Commissioner for investigation and report. Sec- onded by Councilman Clark. Car- ried by the following vote: Yeas—Mayor Chalmers, Council. men Bennett, Clark, Kane, Murphy. Nays—None. Petition of Dubuque Fire Fight- ers Association requesting permis- sion to solicit advertisements for their program and to use any other legitimate means of raising the nec- essary funds to defray the expens- es that their organization will in- cur in entertaining the Iowa Asso- ciation of Fire Fighters Convention which will be held during the first week in June, 1938, presented and read, Councilman Murphy moved that the request be granted. Seconded by Councilman Clark. Carried by the following vote: Yeas --Mayor Chalmers, Council. men Bennett, Clark, Kane, Murphy. Nays—None. Petition of C. W. Datisman, Trus- tee, requesting that the City Coun- cil accept the delinquent City spe- cial taxes, without penalty and in- terest, on Lots 33, 34 and 35 of Min. Lot 39 and that the County Auditor be instructed accordingly and also that he be permitted to redeem Tax Sale Certificate No. 177 held by the City of Dubuque on Lot 33 of the Sub, of Min. Lot 39 without penalty and interest, pre- sented and read. Councilman Murphy moved that the petition be received and filed. Seconded by Councilman Bennett. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Petition of Tavern Keepers' s- soclation of Dubuque, Iowa, sub- mitting recommendation that the City Council, by a proper ordi- nance, regulate the issuance of Class "B" licenses, as follows: (1) That the number of Class "B" li- censes to be issued be limited to Regular Session, January 3rd, 1933 3 the number now issued and in op- eration; (2) That no new Class "B" licenses be issued excepting that it proper transfer of licenses be per- mitted from one location to another by a present license holder; (3) That said ordinance provide that a tavern and the license under which said tavern is being operated may, Nntn the consent of the City Coun- cil, be sold by the present owner of said license and tavern to anoth- er to whom a license would be is- sued if said purchaser meets the requirements of the law relating to the issuance of licenses and op- eration of said business, presented and read. Councilman Clark moved to sus- pend the rules for the purpose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Sec- onded by Councilman Kane. Car- ried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Attorney Al J. Nelson, represent- ing the Tavern Keepers' Associa- tion and W. E. Briggs, President of the Tavern Keepers' Associa- tion, addressed the Council sug. gesting that the petition be refer- red to the City Council for further consideration at an informal meet- ing and that the Tavern Keepers' Association would like to be pres- ent at said meeting to discuss this question with the City Council. Councilman Murphy moved to re- fer the petition to the City Council for further consideration. Second- ed by Councilman Bennett. Car- ried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Petition of Edwin Bull requesting a refund on penalty and interest charges, as has previously been the policy of the City Council, paid on special assessments levied against the West 50 fest of the 'Vest 100 feet of the hast 240 feet of Lots 8 and 9 of Sisters' Addition, presented and read. Councilman Bennett moved that the petition be received and filed. Seconded by Councilman Kane. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Petition of Jacob D. Neiman, re- questing that all penalties and in- terest charges be cancelled on pav- ing assessments on Lot G of Min. Lot 178 and on Lot 10 of Grey's Subdivision, Fund No. 891, and al- so requesting the lowering of said special assessments levied against said lots, presented and read. Councilman Kane moved to re- fer the petition to the City Man- ageT for investigation and report. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Petition of Mrs. E. H. Beyer re- questing a refund in the amount of $50.00 on her cigarette permit as she has sold her business located at 1875 Julien Avenue as of De- cember 31st, 1937, presented and read. Councilman Clark moved that the request be granted and that a war- rant in the amount of $50.00 be ordered drawn on the City Treasur- er in favor of Mrs. E. H. Beyer to cover the amount of refund granted, said warrant to be payable upon surrender of cigarette permit. Seconded by Councilman Bennett. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Communication of Catholic Daily Tribune submitting offer to print the Council Proceedings in pam- phlets as efficiently as it is being done now and at the same prices as the City is now paying, pre- sented and read. Councilman Clark moved to re- fer the communication to the City Manager for investigation. Second- ed by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Notice from U. S. Engineer Of- fice, Federal Building, Rock Island, Illinois, advising that the Board of Dock Commissioners, City of Dubuque, Iowa, has requested a War Department Permit for work to be clone, all located in the Miss- issippi River, at Dubuque, Iowa, between Miles 573 and 583 above Cairo, and advising that any ob- jections to the granting of this per- mit should be filed not later than January 10th, 1938, presented and read. Councilman Bennett moved that the Notice be received and filed. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Petition of Ed. C. Bartels re- questing the City Council to extend to him the service of fire protection 1Zcgular Session, January 3rd, from the City Fire Department to his property at Center Grove on U. S. Highway No. 20, one mile esand west of Dubuque, presented read. Councilman Clark moved to re- fer the petition to the City Council-. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Report of the Board of Health for the month of November, 1937, presented. Councilman Bennett moved that the report of the Board of Health for the month of November, 1937, be received and placed on file. Sec- onded by Councilman Clark. Car- ried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. January 3, 1938. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the session of the City Council held December 6th the petition of Mrs. Mattie Hos- kins, et al, requesting bus service on Dodge Street between Bryant Street and Grandview Avenue was referred to me to confer with the officials of the Interstate Power Company. Attached hereto is the bus sched- ule and a proposal to change the routings in order to accomplish the object of the petition. I recom- mend that the Council amend the Ordinance covering the bus rout- ings as outlined in the proposal of the Interstate Power Company. This will. provide the bus service as petitioned and will not disrupt the balance of the bus service with the exception that south bound bus service will not be available on South Locust Street from Dodge Street to Grandview Avenue. How- ever, the Interstate Power Com- pany agree that they will transport workmen in the mornings who may be engaged in the industries on South Locust Street and Railroad Avenue. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Kane moved that the recommendation of City Manager Rhomberg be approved and that the City Solicitor be instructed to Prepare the proper ordinance. Sec- onded by Councilman Clark. Car- ried by the following vote: Yeas—Mayor Chalmers, Council. men Bennett, Clark, Nays—None. Resolution 1-38 Be it resolved by the City Coun- cil of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a per- mit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City. Jos. J. Machinek, 1399 Jackson Street. Peter J. Zillig, 2222 Central Aven- ue. Mrs. M. L. Harwood, 1875 Delhi Street. Be it farther resolved that the bonds filed with the applications be approved. Passed, adopted and approved this 3rd day of January, 1938. JOHN K. CHALMERS, Mayor. CARL A. CLARK, M. R. KANE, GEO. R. MURPHY, A. M. BENNETT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Bennett move, the adoption of the resolution. Sec- onded by Councilman Clark. Car- ried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett,, Clark, Kane, Murphy. Nays—None. There being no further business, Councilman Bane moved to ad- journ. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. J. J. SHEA, City Clerk. Approved %%/}Q%L�j�et,..q,4wl93S. Adopted. x4131. Councilmen: Attest Shccial Scs5icm, January 24th, 1038 City Council (Official) Special Session, January 24th, 1938. Council met at 7:45 P. M. Present—Mayor Chalmers, Coun- cilmen Bennett,. Clark, Kane, Mur- phy, City Manager Rhomberg. Meeting called by order of May- or Chalmers and Councilman Kane. Mayor Chalmers read the call and stated that service thereof had been duly made and that this meet- ing is called for the purpose of con- sidering petitions requesting sus- pension of the 1937 taxes and act- ing on any other business as may properly come before a regular meeting of the City Council. Notice of Claim of Leona Kies in the sum of $5,.000.00 for injuries received in falling upon an icy cross -walk at the alley on the north side of Seventh Street between Lo- cust Street and Bluff Street, pre- sented and read. Councilman Clark moved to re- fer the Notice of Claim to the City Solicitor. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Notice of Claim of George W. Jackson in the sum of $400.00 for injuries received in falling on a defective sidewalk at the Jackson School, near the west line, pre- sented and read. Councilman Kane moved to re- fer the Notice of Claim to the City Solicitor. Seconded by Councilman Clark. Carried by the following vote! Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Notice of Claim of Emily Hopp• mann in the sum of $1,500.00 for injuries received in falling on an icy sidewalk on the Westerly side of Alta Vista Street opposite the entrance to the Visitation Academy (old building), presented and read Councilman Murphy moved to re ter the Notice of Vaim to the Cita ,Solid"tor.;` Seoctnded by Councilmar Kane. Carried by the following vote: Yeas—Mayor Chalmers, Council men Bennett, Clark, Kane, Murphy Nays—None. Communication of Dorcas Ames bury informing the City Council o injuries received in falling on I defective and icy sidewalk or- th south side of Julien Avenue in the L700 block and advising that she ,onsiders the City responsible for her present condition clue to said Fall, presented and read. Councilman Clark moved to re- fer the communication to the City Solicitor. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Notice of Claim of Sam Swift in the sunt of $46.00 for injuries re- ceived in failing on an icy and de- fective sidewalk at 196 North Grandview Avenue, presented and read. Councilman Murphy moved to re- fer the Notice of Claim to the City Solicitor. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Deed from County Treasurer of Dubuque County to the City of Du- buque of Lots 2,, 3, 4, 5 and 6 of Mill's West Dubuque Addition, pre- sented. Councilman Bennett moved that. the Deed be accepted and recorded with the County Recorder. Second- ed by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays --None. Bill of Mrs. J. P. Seitz of 1047 West 14th Street in the amount of $17.71 for services rendered by Mul- len Bros. & Co., for cleaning out house sewer from house to street, the cause of stoppage being located in the main sewer of the City, therefore she feels that the City of Dubuque should pay said bill, presented. Councilman Kane moved to refer the bill- to the City Manager for investigation and report. Second- ed by Councilman Clark. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Petition of American Legion Aux- iliary requesting permission for the holding of their Annual Poppy Sale on Saturday, May 28th, 1938, presented and read. Council -man Bennett moved that the request be granted. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Special scssion, January 24th, 1938 Petition of C. S. Corzine, et al, residents of the territory West of Fremont Avenue and South of Del. Id Street, requesting that the Fre. mont bus be rerouted from Fre• mont and St. Joseph Street west over St. Joseph Street to South Algona, then north over Algona to Delhi and Algona and then follow its present routing and that the Grandview bus proceed south on Algona from Delhi and Algona to Bennett Street, them east on Ben- nett to Grandview and then south on Grandview over its present root- ing and further requesting that St. Joseph Street be given a treatment of tar and gravel or oil so as to maintain it in fit condition for bus travel, presented and read. Councilman Murphy moved to re- fer the petition to the City Man- ager to confer with the officials of the Interstate Power Company. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Chalmers, Council- man Bennett, Clark, Kane, Murphy. Nays—None. Petition of E. E. Frith Company requesting the vacation of the southerly 25 feet of Eighteenth Street clear through the entire block from Sycamore to Lynn Street including the alley portion, Presented and read. Councilman Kane moved to re- fer the petition to the Planning and Zoning Commission for their rec- ommendation and report. Second- ed by Councilman Bennett. Car- ried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Petition of Lillian L. Hargus, referred to theCity Council by the Board of Supervisors, requesting suspension of the 1937 taxes on Lot 1 of 1 of 1 of City Lot 667, presented and read. Councilman Bennett moved to re- fer the petition to the City Solicitor for investigation and report. Sec- onded by Councilman Clark. Car- ried by the following vote: Yeas—Mayor Chalmers, Coundi. men Bennett, Clark, Kane, Murphy. Nays—None. Communication of Dubuque Park Board advising the City Council that according to instructions re. ceived from the office of the Audi- tor of State, that "the payment by the City, or any of its agencies, Of liability insurance premiums to protect against damage occurring In the ordinary pursuit of govern- mental functions, is ille„al,” that the Park Board instructed the Lange Insurance Agency to discon- tinue all Public Liability and Pro. perty Damage Insurance carried on Its trucks, presented and read. Councilman Murphy moved that the communication be received and filed. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Chalmers, Council. men Bennett, Clark, Kane, Murphy. Nays—None. Dubuque, Iowa. January 21st, 1938. Mr. A. A. Rhomberg, CIty Manager, City. Dear Mr. Rhomberg: At the last meeting of the Dock Commission, the enclosed resolu- tion was adopted, and as provided for therein, I am mailing copy to you so that it may be brought be- fore the City Council at the next meeting. Yours very truly, Dubuque Dock Commission, By, J. A. KeTper, Sec. Upon motion by J. A. Kerper, seconded by Albert Wharton, and carried unanimously, the following resolution was offered by the Board on the resignation of P. S. Fawkes. The resolution was ordered made a matter of record by incorporating it in the minutes, and a copy of the resolution was ordered sent to Mr. Fawkes:— Whereas, Mr. Presley S. Fawkes, President of the Dubuque Dock Commission, has found it necessary to resign from his position as a member of said commission be- cause of prolonged absences from the City, and, Whereas, Presley S. Fawkes has been a member of the Dubuque Dock Commission from its incep- tion in 1926 and has served this commission as its President for many years; where he has given an outstanding example of unsel- fish devotion to public duty and has brought to said commission his very sound, able and painstaking business judgment which was of great value to the commission, es- pecially during the construction period of the Public Docks and the new electric dredge "Caleb Booth," now Therefore, be it resolved on be- half of the Dubuque Dock Commis- sion, that we, his associates on said commission, John A. Kerper and Albert Wharton, express the great debt of gratitude and obligation that we and all of the people of the City of Dubuque owe to him for his outstanding loyalty and Special Session, Januar• 24th, 193+ service to the people of Dubuque, and Be it further resolved, that we order a copy of these resolu- tions spread upon the minutes of the Dubuque Dock Commission's proceedings, and a copy sent to the Dubuque City Council, and to our retiring member, Presley S. Fawkes. Councilman Bennett moved that the communication and resolution be made a matter of record. Sec- onded by Councilman Clark. Car- ried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Councilman Kane moved that Mr. Mark Gavin be appointed as a member of the Dock Commission to fill the unexpired term on said Dock Commission, caused by the resignation of Mr. P. S. Fawkes, said term to expire November 26th, 1939. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Council proceedings for the months of November and Decem- ber, 1937, presented for approval. Councilman Bennett moved that the Council Proceedings for the months of November and Decem- ber, 1937, be approved as printed. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Proof of publication, certified to by the publishers, of the statement of receipts and also a list of claims for which warrants were drawn during the month of November, 1937, presented and read. Councilman Bennett moved that the proof of publication be received and filed. Seconded by Council- man Murphy. Carried by the fol- lowing vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. January 7, 1938. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I am submittinf herewith reports of the City Audi tor, City Treasurer and City Wates Department for the month of De cember, 1937, also list of claim: and list of payrolls for which war rants were drawn during the month of December, 1937. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Bennett moved that the: reports be received and placed on file. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. January 24, 1938. To the honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to certify that the A. Y. McDonald Manufac- turing Company has completed the furnishing and installation of the Dayton -Dowd pump and the Gen- eral Electric motor at the Level Station as contracted for on June 7, 1937. The equipment and in- stallation complies with the speci- fications and guarantee and there. fore I recommend its acceptance by this Honorable Body. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Bennett moved that the recommendation of City Man- ager Rhomberg be approved. Sec- onded by Councilman Clark. Car- ried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. January 24, 1938. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: on January 3rd I recommended that the Council amend the ordinance covering the bus routings as outlined in a pro. posal of the Interstate Power Com- pany for the purpose of providing bus service on Dodge Street be- tween Bryant Street and Grand- view Avenue as petitioned for by Mrs. Mattie Hoskins, et al. The Council thereupon instructed the City Solicitor to prepare the nec- essary papers. Since that time the Interstate Power Company has met with con- siderable opposition to the change of the bus schedule as first pro. posed. To satisfy the objectors and yet appease the petitioners, they have now proposed to operate the Fremont Avenue bus over Dodge Street and South Booth Street to Grandview Avenue in- stead of on Bryant Street from Dodge to Grandview Avenue. This change would not disturb the g Special SCSSio ll, January 24th, 1938 Grandview Avenue and Mt. Carmel schedules as would the first pro- posal made. I recommend that the Council now amend the ordinance coveT- ing the bus routings as herein out. lined and further that it would be well at this time also to correct some few discrepancies that exist between the actual bus routings and the wording of the ordinance outlining the routes which have come to light in the present dis- cussion. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Clark moved that the recommendation of City Man- ager Rhomberg be received and filed. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. January 24, 1938. To the Honorable Mayor and City Council Dubuque, Iowa. Gentlemen: At the session of the City Council of January 3rd the request of the National Guard Company for an inspection of the Fire Headquarters Building at 9th and Iowa Streets with a view to removing the load limitations on the Armory floor was referred to the Building Commissioner and the City Manager for an investigation and report. We have inspected the entire building and beg to report that the limitation of 250 persons as a max- imum attendance at any one time on the fourth and third floors be not changed. There is grave doubt whether the present procedure of renting the Armory floor to the National Guard for drill purposes Is a safe proposition. We find that this building was erected by the City on a contract about the year 1894 and that the original plans Of the building called for a two- story structure, which plans were revised during the course of con- struction to include an additional floor. Mention is made in the petition of repairs and supports that have been done in recent years. The repair work and supporting that has been done was only in the matter of stopping further settle- ment of the building and in no way contributes to the stability of the Armory floor. For these reasons we recommend that your Honorable Body deny the petition. Respectfully submitted, A. A. RHOMBERG, City Manager. H. H. HO`JVIE, Building Commis'r. Councilman Kane moved that the recommendation of City Manager Rhomberg and Building Commis- sioner Howie be approved. Second- ed by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murpby. Nays—None. Resolution 2-38 Whereas, applications for Class "B" Beer Permits have been sub- mitted to this Council for approval and the same have been exam- ined: 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 Roy F. Gau (New), 2093 Wash- ington Street. Peter Zillig (New), 2222 Central Avenue. J. L. Spielman (New), 601 Rhom- berg Avenue. Carl J. PingeT (Renewal), 127 West 6th Street. Al. V. Poire (transfer of address from 603 Rhomberg Avenue), 1638 Central Avenue. CLASS "B" PERMIT FOR PRIVATE CLUB Dubuque Metal Trades Council Club, N. E. Cor. 6th and Locust Streets (upstairs). Passed, adopted and approved this 24th day of January, 1938. JOHN K. CHALMERS, Mayor. CARL A. CLARK, M. R. KANE, GEO. R. MURPHY, A. M. BENNETT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kane moved the ad- option of the resolution. Second- ed by Councilman Clark. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Resolution No. 3-38 Whereas, heretofore, applications were filed by the within named Special Session, January 2.3th, 1938 1 applicants for Class "B" Beer Per- mits and they received the approv- al• of this Council; and Whereas, the premises to be oc- cupied by them have been inspect- ed and found to comply with the ordinances of this City and they have filed a proper bond: Now, therefore, Be it resolved by the Council of the City of Dubuque that the Man- ager be and he is hereby directed to issue to the following named per- sons a Beer Permit. CLASS "B" PERMIT Peter Zillig (New), 2222 Central Avenue. J. L. Spielman (New), 601 Rhom- berg Avenue. Carl J. Pinger (Renewal), 127 W. Sixth Street. Al. V. Poire, (Transfer of ad- dress from 603 Rhomberg Avenue), 1638 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 24th day of January, JOHN K. CHALMERS, Mayor. CARL A. CLARK, M. R. KANE, GEO. R. MURPHY, A. M. BENNETT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Bennett moved the adoption of the resolution. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays --None. Councilman Clark moved that bids be received for the printing of the index and binding of the Council Proceedings for the year 1937. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Councilman Kane moved that the rules be suspended for the pur- pose of allowing any one present in the Council Chamber, who wish- es to do so, to address the Coun- cil. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Chalmers, Cottucil- men Bennett, Clark, Kane, Murphy. Nays --None. Ordinance No. 1-38 An ordinance granting to J. F. Stampfer Company, its successors and assigns, the right to construct and maintain an unloading plat- form in the alley abutting Lot 30 in the Town (now City) of Du- buque; prescribing the conditions of such permit, presented and read. Councilman Bennett moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Councilman Bennett moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- cilman Kane. Carried by the fol- lowing vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. The ordinance was then read the: second time. Councilman Bennett moved that the reading just had he considered the second reading of the ordi- nance. Seconded by Councilman Kane. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Ordinance No. 2-38 An ordinance amending Ordi- nance No. 4-33 entitled: "An (r. dinance providing that certain bus- inesses and vocations conducted in the City of Dubuque shall be licensed; fixing the license fee therefor; defining terms employed. prescribing the regulations which shai•1 apply to businesses and vo- cations required to be licensed; re- pealing all ordinances or parts of ordinances in conflict herewith; and prescribing a penalty for vio- lation hereof." by repealing the provisions thereof relating to itin- erant physicians and surgeons as provided for in Paragraph 309, Sec- tion 1., and enacting a substitute therefor, presented and read. Councilman Kane moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Bennett. Carried by the folloj�•ing vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Councilman Kane moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- cilman Clark. Carried by the fol- lowing vote: Yeas—Mayor Chalmers, Council- lU Sl)ecial Session, _lanuary' 24th, 1938 men Bennett, Clark, Kane, Murphy. Nays—None. The ordinance was then read a second time. Councilman Kane moved that the reading just had be considered the second reading of the ordinance. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Ordinance No. 3-38 An ordinance requiring pawn brokers, junk dealers and dealers in second-hand goods to give no- tice of the purchase or receipt of mechanics' tools and equipment; prohibiting the purchase by pawn brokers, junk dealers and dealers in second-hand goods of any pro- perty from minors; prescribing a penalty for violation hereof; and declaring an emergency, presented and read. Councilman Bennett moved that the reading just had be consid- ered the first reading of the ordi- nance. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Councilman Bennett moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- cilman Murphy. Carried by the following vote: Yeas—Mayor Chalmers, Council- man Bennett, Clark, Kane, Murphy. Nays—None. The ordinance was then read a second time. Councilman Bennett moved that the reading just had be considered the second reading of the ordi- nance. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Verbal report of City Solicitor Czizek recommending the settle- ment of the claim of Mrs. Christine Larson in the amount of $500.00 for injuries received in a fall on a defective sidewalk in front of No. 264 James Street and that a war- rant in the amount of $500.00 be ordered drawn on the City Treas- urer in favor of Smith and O'Con- nor, attorneys as settlement in full of the claim of Mrs. Christine Lar- son, presented. Councilman Kane moved that the recommendation of City Solicitor Czizek be approved and that a war- rant in the amount of $500.00 be ordered drawn on the City Treas- urer in favor of Smith and O'Con- nor, attorneys as settlement in full of the claim of Mrs. Christine Lar- son. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. '-&ays—None. V��rli' _0por(%�of City Solicitor Czize - reconi iending the settle- ment of the claim of Anna Stuart in the amount of $15.32 for dam- ages to her automobile caused in striking the rock curbing at the alley intersection of Paulina Street and Melrose Terrace and that a warrant in the amount of $15.32 be ordered drawn on the City Treas- urer in favor of Anna Stuart as settlement in full of her claim, pre- sented. Councilman Clark moved that the recommendation of City Solic- itor Czizek be approved and that a warrant in the amount of $15.32 be ordered drawn on the City Treasurer in favor of Anna Stuart as settlement in full of her claim. Seconded by Councilman Bennett. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Verbal report of City Solicitor Czizek recommending settlement of the claim of Sam Swift in the amount of $46.00 for injuries re- ceived in falling on an icy and defective sidewalk at 196 North Grandview Avenue and that a war- rant in the amount of $46.00 be ordered drawn on the City Treas- urer in favor of Sam Swift as set- tlement in full of his claim, pre- sented. Councilman Bennett moved that the recommendation of City So- licitor Czizek be approved and that a warrant in the amount of $46.00 be ordered drawn on the City Treasurer in favor of Sam Swift as settlement in full of his claim. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. There being no further business, Councilman Kane moved to. ad. Special Session, January 24th, 1938_ journ. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. J. J. SHEA, City Clerk. . Approved 7.��,�..y w..1938. rr77 Adopted /.ice ..t 8. Councilmen:.................... ....................... Attest: .. ,.. ..... ...... City Clerk. At 11 .r-__._... .. _.. ,... _ ..._ _ _.. .. _. _ � � i. Regular Session, February 7th, 1938 13 City Council (Official) Regular session, February 7, 1938. Council met at 8:05 p.m. Present—Mayor Chalmers, Coun- cilmen Bennett, Clark, Kane, Mur- phy, City Manager Rhomberg. Mayor Chalmers stated that this is the regular monthly meeting of the City Council for the purpose of acting upon such business as may properly come before the meeting. Notice of Claim of Mrs. Dorothy Slater in the sum of $500.00 for per- sonal injuries and damages sus- tained in falling on icy crosswalk on the south side of Rhomberg Avenue at the Alley between Jack- son Street and White Street, pre- sented and read. Councilman Bennett moved to refer the Notice of Claim to the City Solicitor. Seconded by Coun- cilman Murphy. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Notice of Claim of Mrs. F. A. Richards in the sum of $500.00 for injuries and damages sustained in falling due to the dangerous condi- tion of the street while crossing from the west to the east side of the street on Twelfth and Locust Streets, presented and read. Councilman Murphy moved to refer the Notice of Claim to the City Solicitor. Seconded by Coun- cilman Bennett. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Communication of the Executive Committee of the Truck Drivers Local 421 and the Independent Milk Drivers requesting postponement of consideration of the proposed milk ordinance for at least 30 days to grant time to study the ordinance, presented and read. Councilman Kane moved to refer the communication to the City Council for their consideration. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Communication of the Board of Directors of the Dubuque Coopera- tive Dairy Marketing Association endorsing the proposed milk ordi- nance regulating the production, processing, inspection and sale of milk and milk products in the City of Dubuque, Iowa, presented and read. Councilman Kane moved to refer the communication to the City Council for their consideration. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Petition of Frank C. Luther, Owner, and Paul J. Weitz, Leasee, requesting permission to remove the old canopy now extending over the sidewalk on the property known at No. 1111 West 14th. Street and asking further permis- sion to have erected a new canopy on this property, presented and read. Councilman Kane moved to refer the petition to the City Manager and Building Commissioner for in- vestigation and report. Seconded by Councilman Clarke. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays --None. Petition of Frank R. Zemanek re- questing the City Council to con- sider the reducing of the special sewer assessments levied against Lots 2, 3, 4, 5, and 6 in Mill's West Dubuque Addition and also that the penalty and interest charges be dropped on these assessments and also requesting the vacation of the Alley from south of Green Street from Avoca Street east to the east- erly line of Mill's West Dubuque Addition, presented and read. Councilman Kane moved that the request be denied. Seconded by Councilman Bennett. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Petition of Mettel Realty and In- vestment Company requesting the vacation of the Alley lying between Lot 165 and Lots 328, 329 and 330 in Finley Addition and submitting an offer of $50.00 therefor pro- vided the arrangement now under- way can be completed, presented and read: Councilman Clark moved to refer the petition to the Planning and Zoning Commission for their re- commendation and report. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Petition of Clem J. McGuire, owner, requesting permission to repair and extend a certain loading 14 Regular Session, February 7th, 1938 _ platform located on the north east side of City Lots 752-753 in the alley at the address 251 West Sixth Street, presented and read. Councilman Kane moved .that the request be granted and the City Solicitor to be instructed to pre- pare a proper ordinance covering said platform. Seconded by Coun- cilman Clark. Carried by the fol- lowing vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Petition of Dubuque Star Brew- ing Company requesting permis- sion to erect a large wood and steel sign on their property at 9th and Central Avenue, presented and read. Councilman Bennett moved to refer the petition to the City Solici- tor and Building Commissioner for investigation and report. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Petition of Frank Kressig, re- ferred to the City Council by the Board of Supervisors, requesting the suspension of the 1937 taxes on Lots 74, 75 and 76 of Pleasant View Addition, presented and read. Councilman Bennett moved to refer the petition to the City Solici. tor for investigation and report. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Ordinance No. 1-38 An ordinance granting the J. F. Stampfer Company, its successors and assigns, the right to construct and maintain an unloading plat- form in the alley abutting Lot 30 In the Town (now City) of Du- buque; prescribing the conditions of such permit, said ordinance hav- ing been passed upon first and second readings on January 24th., 1938, presented and read a third time. ORDINANCE NO. 1-38. An ordinance granting to J. F. Stsuccessors andeIts to ���assigns, tfer he ritssconstruct and maintain an unloading platform in the alley abutting Lot 30 in the Town scribingnow the conditions nsnof Dubuque; pre. pre- 1111t. Per - Be it ordained by the City Council of the RAGRAPH of Dubuque: ction 1. That the J. F. Stampfer Company, its suc- cessors and assigns, be and it is hereby granted the right and thority to construct and au - maintain nn unloading platform in the alley abutting Lot 30 In the Town (now City) of Dubuque, such unloading platform to be 4 feet, 6 inches in width and 19 feet, 9 inches in length, the same to be used in connection with the operation of the business of said company, said structure to be built under the supervision of the Building Commissioner of the City of Dubuque. PARAGRAPH 639, Section 2. It is understood and provided that such right, license and permission to use such alley Is subject to the continu- ous control of the City Council of this City, reserving the right to im- pose restrictions or conditions upon the enjoyment thereof as may be reasonably necessary for the protec- tion of the public interests, Includ- ing the right to revoke and rescind such permission if at any time the Public Interests should require such revocation, if and when such per- mit, right and license is revoked by the Council, said J. F. Stam- pfer Company, its successors and as- signs, shall remove such unloading platform at its own expense and restore such part of the alley as has been occupied thereby to the same condition it was in prior to the con- struction of such platform. PARAGRAPH 640, Section 3. This ordinance shall be in force and ef- fect ten (10) days from and after its final passage, adoption and ap- proval by the City Council and pub- lication as provided by law and the rights hereunder shall accrue to said J. F. Stampfer Company, its suc- cessors and assigns, when the pro- visions hereof shall have been ac- cepted by said company. Passed upon first and second read- ings this 24th day of January, 1938. Passed, adopted and approved upon final reading this 7th day of Feb- ruary, 1938. JOHN K. CHALMERS, Mayor. CARL A. CLARK, M. R. KANE, GEO. R. MURPHY, ARTHUR 111. BENNETT, Attest: J. J* SHEA, City Clerk. ACCEPTANCE BY J. F. STAMPFER COMPANY 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 Dubuque designated as "Ordinance No. 1-38. An ordinance granting to J. F. Stampfer Com- i,any, its successors and assigns, the right to construct and maintain an unloading platform in the alley abut- ting Lot 30 in the Town (now City) of Dubuque; prescribing the condi- tions of such permit," this 11th day of February, 1938. J. F. STAMPFER COMPANY, BY Thomas M. Stampfer, Published officially Inret. the nTele- graph-Herald newspaper, February 14th, 1938. J. J. SHEA, 2-14-1t City Clerk. Councilman Clark movled the adoption of the ordinance. Second- ed by Councilman Kane. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Regular Session, February 7th, 1938 15 Ordinance No. 2-38 An, ordinance amending Ordi- nance No. 4-33 entitled: "An or- dinance providing that certain busi- nesses and vocations conducted in the City of Dubuque shall be licensed; fixing the license fee therefor; defining terms employed; prescribing the regulations which shall apply to businesses and voca- tions required to be licensed; re- pealing all ordinances or parts of ordinances in conflict herewith; and prescribing a penalty for viola- tion hereof", by repealing the pro- visions thereof relating to itinerant physicians and surgeons as pro- vided for in Paragraph 309, Sec- tion 1, and enacting a substitute therefor, said ordinance having been passed upon first and second readings on January 24th., 1938, presented and read a third time. ORDINANCE NO. 2-38. An ordinance amending Ordinance No. 4-33 entitled: "An ordinance 1•roviding that certain businesses and vocations conducted in the City of Dubuque shall be licensed; fixing the license fee therefor; defining terms employed; prescribing the regulations which shall apply to businesses and vocations required to be licensed; re- pealing all ordinances or parts of or- dinances In conflict herewith; and prescribing a penalty for violation hereof," by repealing the provisions thereof relating to itinerant physi- cians and surgeons as provided for in Paragraph 309, Section 1, and enact- ing a substitute therefor. Be it ordained by the City Council of the City of Dubuque: PARAGRAPH 641, Section 1. That Ordinance No. 4-33 entitled: "An ordinance providing that certain busi- nesses and vocations conducted In the City of Dubuque shall be .licensed; fixing the license fee there- for; defining terms employed; pre- scribing the regulations which shall apply to businesses and vocations re- quired to lie licensed; repealing all ordinances or parts of ordinances in conflict herewith; and prescribing a penalty for violation hereof" be and the same is hereby amended by re- pealing the provisions thereof re- lating to itinerant physicians and surgeons as provided for in Para- graph 309, Section 1 thereof, and en- acting a substitute therefor, so that hereafter such provision shall be as follows: "Itinerant Physicians and Surgeons. (1) The term "itinerant physicians and surgeons" shall mean any per- son engaged in the practice of medi- cine and surgery who, by himself, agent or employee goes from place to place, or from house to house, or by circulars, letters or advertisements, solicits persons to meet him for pro- fessional treatment at places other than his office maintained at the place of his residence. (2) The license fee for itinerant physicians and surgeons, as herein defined, shall be as follows: $10.00 a day; $25.00 a week; $50.00 a month; and $120.00 a year. (3) Such license fee shall be pay- able in advance and any person who practices such profession without first securing a license shall be punished as provided for in Para- graph 315, Section 7, of said ordi- nance." Paragraph 642 Section 2. This ordi- nance shall be in force and effect 10 days from and after its final pas- sage, adoption and approval by the City Council and publication as pro- vided by law. Passed upon first and second read- ings this 24th. day of January, 1938. Passed, adopted and approved upon final reading this 7th, day of Feb- ruary, 1938. JOHN K. CHALMERS. Mayor. CARL A. CLARK. M. It. BANE. GEO. R. MURPHY. ARTHUR M.BENNETT Councilmen. Attest: J. J. SHEA. City Clerk. Published officially in the Tele- graph -Herald newspaper, February 9th., 1933. J. J. SHEA. 2-9-1t. City Clerk. Councilman Clark moved ,the adoption of the ordinance. Second- ed by Councilman Bennett. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Ordinance No. 3-38 An ordinance requiring pawn brokers, junk dealers and dealers in second-hand goods to give notice of the purchase or receipt of mechanic's tools and equipment; prohibiting the purchase by pawn brokers, junk dealers and dealers in second-hand goods of any pro- perty from minors; prescribing a penalty for violation hereof; and declaring an emergency, said ordi- nance having been passed upon first and second readings on Jan- uary 24th, 1938, presented and read a third time. ORDINANCE NO. 3-38 An ordinance requiring pawn brok- ers, junk dealers and dealers in sec- ond-hand gouds to give notice of the purchase or receipt of mechanics' tools and equipment; prohibiting the purchase by pawn brokers, junk deal- ers and dealers in second-hand goods of any property from minors; pre- scribing a Penalty for violation here- of; and declaring an emergency. Be it ordained by the City Council of the City of Dubuque: Paragraph 643. Section 1. Every pawn broker, junk dealer or dealer In second-hand goods conducting their business in the City of Dubuque who shall purchase or receive from any person any tool or implement such as is commonly used by carpenters, bricklayers, plasterers, plumbers or other mechanics in the construction or erection of buildings shall, within 24 hours after the purchase or receipt of such tool or implement, give no- tice to the Chief of Police, Captain of Police or Police Sergeant at the Po- lice Station in said City, stating the date on which said tool or implement was purchased or received and the 16 Regular Session, February 7th, 1938 name of the person from whom same was purchased or received; and the p,,wn broker, junk dealer or dealer In second-hand goods so purchasing or receiving such tool or implement shall not sell or dispose of the same for a period of 48. hours after the notice above specified is given, and until the expiration of such time shall keep said tool or implement in his store, shop or place of business in such place that the same can be readily seen and examined. Paragraph 644. Section 2. Pawn brokers, junk dealers and second- hand dealers shall not purchase or re- ceive any property from minors with- out the written consent of their par- ents or guardians. Paragraph 645. Section 3. Any per- son who violates the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon convic- tion shall be fined not to exceed 5100.00 or imprisoned not to exceed 30 days in jail. Paragraph 646. Section 4. This or- dinance being deemed urgent and in the Interest of public safety, good order and convenience, shall be in force and effect from and after its final passage and adoption by the City Council and publication as pro- vided by law. Passed upon first and second read - Ings this 24th day of January, 1938. Passed, adopted and approved upon final reading this 7th day of February, 1938. JOHN K. CHALMERS, CARL A. CLARK, Mayor. M. R. KANE, GEO. R. MURPHY,N ARTHUR M. BENETT, Attest: Councilmen. J. J. SHEA, Published officially InCiThelTele- eraph-l-Ierald newspaper, February 9th, 1938. 2-9-1t 3. J. SHEA, Councilman Bennett Cmgvedrk. the adoption of the ordinance. Second- ed by Councilman Clark. Carried by the following vote: Yeas—Mayor Chalmers, Council. men Bennett, Clark, Kane, Murphy. Nays—None. Proof of publication, certified to by the publishers, of the statement Of receipts and also a list of claims for which warrants were drawn during the month of December 1937, Presented and read. , Councilman Murphy moved that the proof of publication be received and filed. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Chalmers, Council. men Bennett, Clark, Kane, Murphy. Nays—None. Report of the Board of Health for the month of December, 1937, Presented. Councilman Bennett moved that the report of the Board of Health for the month of December, 1937, be received and placed on file. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. February 7th, 1938. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: With reference to the attached petition of the E. E. Frith Com- pany, which was referred to the Planning and Zoning Commission by the City Council on January 27th, Planning and Zoning Com- mission wishes to report that at a meeting, held today, this petition was considered and the property viewed. Considering the fact that the Planning and Zoning Commission had very little data to work on it was decided to recommend that the City Council request the E. E. Frith Company to file definite plans of their proposed improvements, and present same with the petition again to the City Council. After this the Planning and Zoning Com- mission would like to give the matter further study. Respectfully submitted, R. V. McKAY, Secretary. Councilman Bennett moved that the recommendation of the Plan. ning and Zoning Commission be approved. Seconded by Councilman Murphy, Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. February 5, 1938 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: EXCAVATION H. B. McCarten, 231 West 5th Street; Policy No, PL43174, Bitum- inous Casualty Corporation, SIGNS Genz Stores, 1301-1337 Central Avenue; Policy No. 20071, Employ- ers Mutual Casualty Co. Henry Wilberding, 449 Main Street; Policy No, 29180, Employ- ers Mutual Casualty Co. Mi -Lady Beauty Salon, 221 West 9th Street; Policy No. PL43214, Bituminous Casualty Corporation. John N. Juergens & Son, 1824 Central Avenue; Policy No. ILO Regular Session, February 7th, 1938 17 55808, Great American Indemnity Co. Walker Shoe Company, 661 Main Street; Policy No. PL43220, Bitum- inous Casualty Corporation. Max Berk, 611 Main Street; Policy No. PL43203, Bituminous Casualty Corporation. Ward Market, 1876 Central Ave- nue; Policy No. PL43188, Bitumin- ous Casualty Corporation. Peter Zillig, 2222 Central Ave- nue; Policy No. PL 43211, Bitumin- ous Casualty Corporation. F. M. Jaeger, et al, 622 Main Street; Policy No. GPL 107992, Massachusetts Bonding & Ins. Co. Diamond Grill, Incorporated, N. E. Cor. 9th & Main Streets; Policy No, OLT319235, Indemnity Ins. Co. of N. A. Kies Drug Store, 1362 Central Avenue; Policy No. 20459, Employ- ers Mutual Casualty Co. Ado Genz, 1333 Central Avenue; Policy No. O. L. & T. 2202215, Con- tinental Casualty Co. Steve Koleopulos (Coney Island Lunch), 493 Main Street; Policy No. ILO55809, Great American In- demnity Co. George F. Bock and Emil M. Bock, 2231 Central Avenue; Policy No. ILC 26359, Great American In- demnity Co. Courtland F. Hillyard & Sabyl H. Kretschmer, 1135 Main Street; Policy No. IOT 1400, The Fidelity & Casualty Co. Leath & Company, 664-72 Main Street; Policy No. OLT314249, In- demnity Ins. Company of N. A. Chas. F. Winters & Franklin American Trust Co., Garage at 880 Locust Street; Policy No. 17-011444, Maryland Casualty Co. Mrs. H. Ellwanger, 400 Iowa Street; Policy No. 131,504429 -III, Liberty Mutual Ins. Co. Loyal Order of Moose No. 355, 1379 Central Avenue; Bond No. 16223, Merchants Mutual Bonding Co. G. R. Kinney Co., Inc., 600 Main Street; Bond No. 165036-D, Amer. ican Surety Co. of N. Y. Spiritual Science Society, 236 West 9th Street; Bond No. 76835- 26368, Maryland Casualty Co. Continental Oil Company, 5th & Locust Streets; Policy No. PL - 169578, Hartford Accident & Indem- nity Co. H. Trenkle Company, 1227 Cen- tral Avenue; Policy No. IMC 655, Standard Accident Ins. Co. Klauer Julien Hotel Co., N. E. Cor. 2nd & Main Streets; Policy No. G. L. 457833, Hartford Accident & Indemnity Co. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Clark moved that the bonds and policies be approved and placed on file. Seconded by Coun- cilman Murphy. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. February 7, 1938. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the session of the City Coun- cil held January 24, 1938, the bill of Mrs. J. P. Seitz of 1047 West 14th Street for services rendered by Mullen Bros. & Company for clean- ing out her house sewer was re- ferred to me for an investigation and report. An investigation shows that the stoppage causing the trouble was in the main sewer in West 14th Street and I recommend that the bill of $17.71 be paid Mullen Bros. & Company from the main sewer fund of the City. Respectfully submitted, A. A. RHOMBER.G, City Manager. Councilman Kane moved that the recommendation of City Manager Rbomberg be approved and that a warrant in the amount of $17.71 be ordered drawn on the Main Sewer Fund in favor of Mullen Bros. & Company as per bill rendered for services in taking care of stoppage in main sewer at 1047 West 14th Street. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. February 7, 1938. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the meeting of the City Coun- cil on January 24, 1938, the petition of C. S. Corzine, et al, requesting that the routing of the Fremont Avenue and Grandview Avenue busses be changed and that St. Joseph Street be improved fit for bus travel was referred to me for the purpose of conferring with the officials of the Interstate Power Company. I have met with Mr. A. H. Smith of the Transportation Department of the Interstate Power Company 18 Regular Session, February 7th, 1938 and find that the re-routing of th Grandview Avenue bus to provide service on Bennett Street could b effected by the Power Company without undue disturbance of their schedule. A great number of the residents of Bennett Street and vicinity have telephoned to my, office the past few days indicating their desire for such a change. I find in the Council record that several years ago a similar pro- posal met with considerable ob. jection which was based largely up- on the fact that Bennett Street was set aside as a street for coasting in the winter. If the Council should desire to order the extension of bus service on Bennett Street this matter of coasting should be con- sidered. The Interstate Power Company is not favorable to re-routing of the Fremont Avenue bus over St. Jos- eph Street unless the street is first improved. St. Joseph Street at pre- sent is a macadam street with stone curbs on part of its length, the work having been done under relief projects. I have inquired into the possibility of paving St. Joseph Street by special assess- ment and find that of the lots front- ing on St. Joseph Street, 37% of the frontage represented is at pre- sent delinquent in the payment of the costs of the West Dubuque Sewer District. For this reason I do not believe it economically fea- sible to levy an additional assess- ment against the property for the Improvement of the street and re- commend that the proposed bus routing on St. Joseph Street be denied. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Kane moved to sus- pend the rules for the Purposeof allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Second- ed by Councilman Clark. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Mrs. Maud Hutchings and Miss Elsie Datisman addressed the Coun- cil requesting that the Interstate Power Company route their busses over Bennett Street, Mr. Henry Guard addressed the Council re- questing that the Interstate Power Company route the Fremont Ave- nue busses over St. Joseph Street. Councilman Kane moved to refer the communication of City Mana- ger Rhomberg to the City Council. e Seconded by Councilman. Clark. Carried by the following vote: e Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. February 7, 1938. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the regular monthly meeting of the Council held January 3rd the petition of Jacob D. Neiman con- cerning delinquent paving assess- ments was referred to me for in- vestigation and report. Mr. Neiman was assessed in 1931 for the paving of Wood Street be- tween 14th Street and Rosedale Avenue on Lot 6 of Mineral Lot 178 in the amount of $254.15 and on Lot 10 of Gray's Subdivision in the amount of $209.76. To date he has made two payments on Lot 6 of $25.41 each plus interest and on Lot 10 one payment of $20.97 plus interest. The lots in question on the west side of Wood Street slope rather sharply away from the street and at the time of levying the assess- ment Mr. Neiman's name appears on the Council Proceedings as ob- jecting to the amount against the lots. The Council record of Feb- ruary 16, 1931, states as follows: "Request of J. D. Neiman of December 12th for a 50% reduc- tion in the assessments for paving, water, sewer and gas connections on Lot 6 and 1 of 5 of Mineral Lot 178 and also on Lot 10 Gray's Sub- division (on which there is a house located) on Wood Street was in. vestigated but not allowed." The time that has elapsed since the levy was made may not permit a reduction at this time. I would suggest that the Council view the property if, in their opinion, any re- duction is possible. Respectfully submitted, A. A. RHQMBERG, City Manager. Councilman Kane moved that the cornmunicat�ion of City Manager Rhomberg a received and filed. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Resolution No. 4-38 WHEREAS, applications for Class "B" Beer Permits have been submitted to this Council for ap- Regular Session, February 7th, 1938 19 proval and the same have been examined: NOW, THEREFORE, BE IT RESOLVED by the Coun. cil of the City of Dubuque that the following applications be and the same are hereby approved and it is ordered that the premises to be occupied by such applicants shall be forthwith inspected. CLASS "B" PERMIT Patrick R. Kennedy (Transfer of address from 2408 Central Ave.), 2412 Central Avenue. Gust Billis (Transfer of address from 597 Main Street), 605 Main Street. Passed, adopted and approved this 7th day of February, 1938. JOHN K. CHALMERS, Mayor. CARL A. CLARK, M. R. KANE, GEO. R. MURPHY, A. M. BENNETT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Bennett moved the adoption of the resolution. Second- ed by Councilman Murphy. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Resolution No. 5-38 WHEREAS, heretofore applica- tions were filed by the within named applicants for Class "B" Beer Permits and they received the approval of this Council; and WHEREAS, the premises to be .occupied by them have been in- spected and found to comply with the ordinances of this City and they have filed a proper bond: Now, Therefore, BE IT RESOLVED by the Coun- cil 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 Roy F. Gau (new), 2093 Wash- ington Street. Patrick R. Kennedy (Transfer of -address from 2408 Central Avenue, .2412 Central Avenue. Gust Billis (Transfer of address from 597 Main Street), 605 Main .Street. BE IT FURTHER RESOLVE)✓ that the bands filed by such appli cants be and the same are hereby .approved. Passed, adopted and approved. this 7th day of February, 1938. JOHN K. CHALMERS, Mayor. CARL A. CLARK, M. R. KANE, GEO. R. MURPHY, A. M. BENNETT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Bennett moved the adoption of the resolution. Second- ed by Councilman Murphy. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Resolution No. 6-38 Resolution and application for Authority to transfer the sum of $13,523.96 from the Emergency Fund to the Consolidated, Street - cleaning, and Main Sewer Funds of the City of Dubuque. WHEREAS, as of the first day of February, 1938, there was a cash balance in the Consolidated Fund of $4,272.14 and no balance at all in the Street -cleaning and Main Sew- er Funds; and WHEREAS, there is now in the hands of the City Treasurer and credited to the Emergency Fund the sum of $13,523.96, which is available for transfer to the funds above referred to; and WHEREAS, there has been re- paid to the Bonded Debt Sinking Fund from the Consolidated Fund during the fiscal year, 1937-38, the sum of $19,112.35, being the balance due such Bonded Debt Sinking Fund on account of a transfer he made therefrom to the Con. solidated Fund and because of such payment, a deficiency has resulted in such fund; and WHEREAS, the Street -cleaning Fund has become exhausted be- cause of extraordinary weather con- ditions resulting in streets and sidewalks being covered with sleek ice and rendering the same danger- ous to vehicular and pedestrian travel, thereby necessitating the use of street crews by day and night; and WHEREAS, the tax levy for the Main SeweT 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 re- presented by the above funds to the end of the present fiscal year, it will be necessary to make trans- fers to such funds from the Emer- 20 Regular Session, February 7th, 1938 gency Fund in the following amounts: (a) to the Consolidated Fund, $6,523.96; (b) to the Street - cleaning Fund, $5,000.00; (c) to the Main Sewer Fund, $2,000.00; and WHEREAS, before any transfer can be made from the Emergency Fund to any other fund, an appli- cation must be made to the State Comptroller for authority to make the transfer and his approval se- cured thereon: NOW, THERE, FORE, HERE- FORE, 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 Emergency Fund of the City of Dubuque (a) to the Consolidated Fund the sum of $6,523.96; (b) to the Street -cleaning Fund the sum of $5,000.00; and (c) to the Main Sewer Fund the sum of $2,000.00, which is now in the hands of the City Treasurer, and the State Comptroller in hereby petitioned to authorize such transfer. Be it further resolved that when such approval has been received from said State Comptroller that the Auditor and Treasurer correct their books occordingly. Passed, adopted and approved this 7th day of February, 1938. JOHN K. CHALMERS, Mayor. CARL A. CLARK, M. R. KANE, GEO. R. MURPHY, A. M. BDNNETT, Attest: J. J. SHEA Councilmen. Approval City Clerk. The foregoing resolution and approval for the transfer of funds be and the same is hereby ap- proved this ........ day of February, 1938. .....................I State Comptroller. Councilman Clark moved the adoption of the resolution. Second- ed by Councilman Kane. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Councilman Bennett moved that the request of the Tavern Keepers Association, for permission to with- draw their petition recommending to the City Council that by a pro- per ordinance the issuance of Class "B" beer permits be regulated, be granted. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Chalmers, Council. men Bennett, Clark, Kane, Murphy. Nays—None. Attorney F. D. Gilloon addressed the Council requesting the City Council to consider and take steps: for the granting of relief on the electric light and power rates now being charged by the Interstate Power Company. Councilman Clark moved that the City Manager be directed to in- struct the Interstate Power Com- pany and the Key City Gas Com- pany to submit to the City Council a statement of their earnings and disbursements for the past fiscal year. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Verbal report of City Solicitor Czizek recommending the settle- ment of the Claim of George W. Jackson in the amount of $300.00 for personal injuries sustained in falling on a defective sidewalk at the Jackson school, near the west line, presented. Councilman Bennett moved that the recommendation of City Solici- tor Czizek be approved and that a warrant in the amount of $300.00 be ordered drawn on the City Trea- surer in favor of George W. Jack- son as settlement in full of his personal injury claim. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Verbal report of City Solicitor Czizek recommending the settle. ment of the Suit of Rachel Atkin- son in the amount of $75.00 for per- sonal injuries and damages sus- tained in falling on the street cross- ing at the intersection of Ninth Street and Central Avenue on the south side of said intersection, said fall occuring February 24th., 1936, and that a warrant in the amount of $75.00 be ordered drawn on the City Treasurer in favor of Kenline, Roedell and Hoffmann, Attorneys, as settlement in full of the Suit of Rachel Atkinson, the Plaintiff to pay court costs in the suit, presented. Councilman Bennett moved that the recommendation of City Solici- tor Czizek be approved and that a warrant in the amount of $75.00 be ordered drawn on the City Trea- surer in favor of Kenline, Roedell, and Hoffmann, Attorneys, as settle- ment in full of the Suit of Rachel Atkinson, the Plaintiff to pay costs Regular Session, hebruary 7th, 1938 21 of Suit. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. There being no further business Councilman Bennett moved to ad- journ. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. J. J. SHEA, City Clerk. Approved Adopted %%F%!�•Rn ►�!G�,1�;38. ;.(" -' Councilmen: Attest: ... a,....:..,8 C City Clerk. Special Session, March 5th, 1938 23 City Council (Official) Special Session, March 5th, 1938. Council met at 1:45 P. M. Present—Mayor Chalmers, Coun- cilmen Bennett, Clark, Kane, Mur- phy, City Manager Rhomberg. Meeting called by order of Mayor Chalmers and Councilman Kane. Mayor Chalmers read the call and stated that service thereof had been duly made and that this meet- ing is called for the purpose of con- sidering the Annual Budget for the fiscal year of April 1st, 1938, to March 31st, 1939. March 5, 1938. 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, 1938 to March 31, 1939, based upon estimated income and expenses for the various departments of the City of Dubuque, including certain chang- es as were approved and authorized by the City Council. These esti- mates show departmental appropri- ations for each department for the preceding year (1937.38) and also the increases or decreases, as were determined for the ensuing year (1938-39) . This budget is submitted to the City Council for tentative approval and the sante will be published as required by law in order that objections, thereto, may be Made before final action is taken on this budget by the City Council. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Bennett moved that the communication of City Manag- er Rhomberg be made a platter of record. Seconded by Councilman Murphy. Carried by the follow- ing vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays --None. OFFICIAL NOTICE OF THE PROPOSED ANNUAL BUDGET PREPARED BY THE CITY MANAGER AND CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, FOR THE FISCAL YEAR, 1938.1939. Notice is hereby given that the City Manager of the City of Dubuque has prepared a budget on the basis of estimates of the expenses of the various departments of said City for the fiscal year beginning April 1, 1938, and ending March 31, 1939, and such departmental es- timates 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 there- in 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 for miscellaneous sources, the apportionment of the consolidated tax levy having here- tofore 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 22nd day of March, 1938, at 7:30 o'clock p. m. Any taxpayer objecting thereto or pro- testing 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. City Clerk. 3-7-1t. PROPOSED BUDGET FOR THE CITY OF DUBUQUE, IOWA, FOR THE FISCAL YEAR 1938-39 Distribution of Consolidated Tax Levy Agricultural Tax ............ .... _..... ............ ................. $ 104.00 General Fund ................................ - ........... -- .... _.......... 177.108.00 $177.212.00 GradingFund ........ .......... ...... ...... _..--...................... 5.000.00 Improvement Fund ........................... _................ 6.000.00 SewerFund ..... ........ ........ -._..... _...... ....... _......... ... _ 1.744.00 LightFund ......... .............. _.................... ..... .-.............. 49.572.00 Total..........-...............-......-......_....._............................_......._..----......_..........$ 239.528.00 SOURCES OF REVENUE FOR 1938-39 FISCAL OPERATION A—From Taxes and Moneys and Credits Levy Regular Moneys and Funds— in Mills Tax Credits Total 00 Consolidated ....7.000 $234,133.00 $ 5,291.00 $239,424.00 Bond Interest ............1.361 45,522.00 1,029.00 46,551. 0 24 Special Session, March 5th, 1938 Bond Retirement _...__ 2.632 88,034.00 11959.00 90,023.00 Fire Maintenance - 3.200 107,032.00 2,41200 109,451.00 Fire Equipment ...0.224 7,492.00 169.00 7,661.00 Garbage Disposal S Street Cleaning ._0.500 16,724.00 378.00 17,102.00 Park ..........................0.625 20,905.00 472.00 21,377.00 Police Pension ......_.0.2(1,3 8.797.1)(1 199.00 8,996.00 Fire Pension .......... 0.497 16;623.00 376.00 16,999.00 tO 41.00 Library .•••••.••.••.......-•••0.783 26,189.00 592.00 26,781.00 Library Building .,0.472 15.787,00 3SLOO 16,144.00 Main Sewer ............ 0.332 11,105.00 251.00 11,356.00 Playground and Swimming Pool ...._1).31)8 in,302.00 233,00 10,535.00 Dock ........................:0.372 12,442.00 281.00 12,723.00 Dock Bond and Interest ......0.925 30,939.00 699.00 31,638.00 Airport ............... ... _.... ..... 0.020 669.00 15.00 684.00 Emergency ............0.331 11,071.00 250.00 11,321.00 Subtotals ..............19.845 $663,766.()0 $15,000.00 Road Tax on Agri- cultural Lands +104.00 (Consol.) Library Tax on A g rl c u ltural Lands .............. '•41.00 Total Moneys and - Credits .......... 15,000.00 G'rani total RerPlpt6 from Taxes as'Levied in August, 1937 .....................................:..........$678.911.00 The above estimate is based on a revised taxable value of $33,447,569.00, which is the assessed value for 1938-39 operation upon which the 19.845 mills on said value amounts to $663,766.00, plus Moneys -and Credits equal to $15,000.00, plus taxes on agricultural lands equal to $145.00, totaling $678,911.00, as obtained from the County Auditor. The millage for 1937-38 operation was 19.976 mills on a taxable valuation (100ry„ of assessed value) of $32,246,517.00 amounting to $644,1.56:00, pliis Moneys and Credits of $15,007.00• plus taxes on agricultural lands of $131.00, totaling $659,294.00. B -From Miscellaneous Sources, 1938-39 General Misc. Revenues DogLicenses ......__........ _.................. _........... :........................$ 1,200.00 73cerPermits ......... ....... _.._..... ..................... .......... ..... _......... ............. _ 15,500•.00 Business Licenses....._........................_"..._.�.........__._.......___..__......._ 4.000.00 Cigarette Licenses .............._.._.........._....._____...-.............._........ 12;000.00 Police Court Returns ..._........�..._.........._ ..........._..,..._..._:_.._.. 8,600.00 ScaleFees _... .... ..___._..__......_._...... .._....... _.......... __... Ambulance Fees - -"- ___._..._..__._..___......___.... 400.00 1,ono.o0 FranchiseTax ._..__..._... _......... __.... ___.._.....__.........--_-._._ Building Permits 600.00 ...._.. ................ _._............ �_........_._...._..__._. Electrical Permits 1;800.00 _ ........ _...._..._._...___..._.._._._. Plumbing Permits ........ 1;400.00 Miscellaneous Rentals_.._... 100.00 _•_ •„•___ _ .•• _,_, Milk Inspection Fees 1,400,00 ..... .... ._.._.....__..._....._....._. Garage Service to Water Department ........... .00 -500,00 __..._._. State Highway b7atntenance ....... ....._._.._, Dance Hall Permits ••••-•••••-•-••••......•-•••• 3,255.00 ......._._............_.._. Dieting Prisoners .....__............_......-"_'....... .... 200.00 Filling Cistprns ......_._....................�._..._._....._ .w..._........._.. _ _ Swimming Pon] Re'ceiptq 300.00 ......_....._......._ •Hiehway Department f }harees.......... .................._............. 5,000.00 Bnnrd of Eduention (Nurse) ..__....- ..................._.. ..... ......... 1.500.00 Miscellaneous Sales - - - - 1.25n.On ....__..... ............. ................................................_. General Miscellaneous Recelpts 800.00 .................................. Total General Miscellaneous 95.00 Revenues.......:... -...._.....$64,000,00 LIBRARY FUND ratimatpd 1 n1qnep Fines, Book Rentals petc ril t. 193...... $ 1,000.00 1,291.00 PARK FUND Estimated Ralnnce April 1, 1938....._.....$ 1,f,69.OR Cnncessfon Receipts ....,......_.,._.•.... . Miscelianenus Collections . Forest- 151.92 ..... ,..... ................... 250.00 PLAYGROUND AND $ 2,246.00 Board POOL FUND of Education (F, tS�VIMMiNG Skating Recelpts grounds)._ 2.000.00 ............. Athletic Field Fees 00 ..... ............. .._•, ,............. 200.00 $ 2,400.00 Special Session, March. 5th, 1938 25 DOCK FUND Estimated Balance April 1, 193& $ 2,500.00 Wharfage Fees .............. ........ _................ ..... ..... 4,500.00 Harbor Rentals, Leases, Etc ............... . 1,000.00 Total Estimated Miscellaneous $ 8,000.00 Revenues .._.._._.....___.._.....___._ ..................._ $ 77,937.00 Total Taxes, Moneys and Credits 678,911.00 Total Estimated City Revenue...... $756,848.00 WATER WORKS DIVISION Estimated Balance April 1, 1938....._...$ 20,000.00 Estimated 1938-9 Water Operation Revenue.................................... ....... -_....... _._ 159,612.52 Total Estimated Water Opera- tion Balance and Revenue ....... _..... $179,612.52 Estimated Grand Total City Revenues, Nater and Dock Divisions ............... ............................................. _.._ $936,460.52 CITY OF DUBUQUE, IOWA, APPROPRIATIONS FOR THE FISCAL YEAR, APRIL 1, 1938 TO MARCH 31, 1939 GROUP I -GENERAL ADMINISTRATION (General Fund) Item 101 -City Council 1937-8 Proposed 1938-9 Appropriations Appropriations 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 (80t1/ )'$4,800.110 -. •$ 4,400.00 A. Salary Secretary ............... _.... ._._-... 2,0110.00 1,800.00 A. Salary Stenographer .............. 1,440.00 1,440.00 B: Travel ........... _............. _..s: ... ...... _....... -........ 104).00 100.00 C. Office ..... ... .-.._........ ... __.......................... _.......... 125.00 125.00 D. Printing ... .... ... .......... _........ ........ ............. ... 15.00 15.00 F. Maintenance ................................. _.......... _ 200.00 200.00 G. Material and Supplies .............. 325.00 325.00 I. Insurance o?i Gar ...... - .... ....................... 35.00 TOTALS ................ ...... _....................... _._..... $ 9.040.00 $ 8,405.00 Item 103 -City Clerk's Office A. Salary City Clerk ........ _.... -.- .... ........ $ 2,400.00 $ 2,400.00 G. Material and `Supplies ............ .... 75.00 75.00 TOTALS ....................... ............................ - ........ $ 2,475.00 $ 2,475.00 Item 104 -City Auditor's Office A. Salary City Auditor (80%) *$ 1,960.00 •$ 11960.00 F. G. Maintenance .............. .............. .- ........... _ 60.00 Material and Supplies ............_... 100.00 50.00 100.00 TOTALS _ ... _................... ....................... _..... $,2,110.00 $-2,110.00 Item 105 -City Treasurer's Office A. : Salary City „•$ 1,920.00 Treasurer (8014.) _......... ..-...._. •$ 1,920.00 A. Salary Stenographer (One -Half Time) .._._... ............ _-_...._ 500.00 500.00 D. Printing and Advertising ..... ...... 25.00 25.00 25.00 25.00 F. G. Maintenance ....•.••••.••••.......••.••••• Material and Supplies ..... ......... .. 109.00 150.00 I, Surety Bond ...... _.... ._.............................. 55.00 50.00 TOTALS .............. _......................... _................. $ 2,625.00 $ 2,670.00 (• Note: 20!�, of Salaries of City Manager, City Auditor directly by Water Dept.) and City Treasurer are paid Item 106 -City Solicitor's Office A. Salary City Solicitor..._ ...................$ 4,050.00 40.00 $ 4,050.00 40.01) B. C. Travel ..... ...... ......................... ......... .... ............. Office ....._......_....._ ................ .............. ..._........... 40.00 85.00 40.00 85.00 G. Material and Supplies .............. TOTAI.S.........................................................$ 4,215.00 $ 1,215.00 Item 108 -Board of Review A. Salary City Assessor .... ..... ....._....... $ 1,200.00 A. Salaries 3 Asst. Assessors.....900.00 20.00 G. Material and Supplies - ... _.............. 1,200.01) 600.00 J. Board of Review ......... ....... ................. TOTALS .......: ................ -............... _............. $ 3,320.00 $ 600.00 Item 109 -Civil Engineer's Office A. Salary City Engineer .... 2,1 )0.00 $ A. ineen._$ Salary Asst. Ena............... 26 Special Session, March 5th, 1938 A. Salary Draftsman _.„„_._.._..._....._ 2,220.00 A. Salary Rodman ._....„_.__...___.._.„ 100.00 11500.00 I3. Travel _ --- _._........_..... _........ „._...... ..... ..„ 35.00 C. Office _.__.__._........_.__..„........._.__ .._...._ 10.00 10.00 E. Equipment ......_......_..„_......_.._......_..._._ 60.00 50.00 F. Maintenance _ ... _............. _................... 425.00 500.00 G. Material and Supplies .... _........... 400.00 500.00 I. Insurance on 2 Cars .................... 45.00 TOTALS ... _............... ................... _............ $ 8,386.00 $ 2,560.00 Item 113 -City Elections A. Salaries Clerks, Etc . ............... $ 500.00 G. Material and Supplies _.............. 400.00 J. Rents _..._._. . ...................... ......... ....... _.__.. 60.00 TOTALS ........................................ $ 950.00 Item 114 -City Buildings A. Salaries Janitors ... ..................... $ 1,890.00 $ 1,890.()0 E. Equipment (Boiler) _....... _.__.. 200.00 1,700.00 F. Maintenance ... _.... ....... ... ._._...... _... 700.00 700.00 G. Material and Supplies ... ._.,....... 710.00 1.000.00 H. Heat and Light ._..__ ............ _.......... 2,900.00 2,900.00 1. Insurance ............. __..... _„....__...__.._ 750.00 TOTALS _ ........... __.............. _........ _... _....... $ 7,150.00 $ 81190.00 Item 115 -Police Court A. Salary Police Judge ...... _..... _... _...$ 1,500.00 G. Material and Supplies $ 1,500.00 _.-........„... 15.00 15.00 TOTALS ........ . ......................... _.._....... _........ $ 1.515.00 $ 1.515.00 Item 116- Civil Service Commission G. Material and Supplies „................$ 15.00 J. Miscellaneous10.00 $ 50.00 _„_ ...._. ....�...._.__.. 50.00 TOTALS ............................. $ 25.00 $ 100.00 Subtotals Group 1, General Administration _._................ __..__.__, $11,060.00 $33,990.00 GROUP II -PROTECTION OF LIFE AND PROPERTY Item 118 -Police Department (General Misc. General Revenues) Fund and A. Salary Chief Rate Per Mo. of Pollee _._............ $ 31000.00 ( 1) @ $250.00 A. Salary Senior $ 3,000.00 Captain (1) _..._. 21100.00 ( 1) @ $175.00 A. Salaries 2,100.00 Captains (2) _..._ 3,720.00 ( 2) @ $155.00 A. Salaries 3,720.00 Detectives (4) 71200.00 ( 4) @ $150.00 A. Salaries Desk 7,200.00 Sergeants (3) ... 5,220.00 ( 3) @ $145.00 A. Salaries Motor- 5,220.00 cyclists (2) „_........ 3.480.00 ( 2) @ $145.00 A. Salaries 3,480.00 Patrolmen (24) 40,320.00 (25) @ $140.00 (After First Yejr) 42.000.00 A. Salaries Patrolmen (1) 11500.00 ( 0) @ (During First Year) A. Salaries Matrons (2) ...... 2,400.00 ( 2) @ $100.00 A. Salaries Special 2,400.00 Officers......_�...:_ 100.00 B. Travel 100.00 .............. _..... 50.00 C. Office ....._._....._....... 426.00 D. Printing 50.00 425.00 ..... 80.00 E• Equipment .... 1,400 00 F• Maintenance ', '" 50.00 2,300.00 G. ;Material and " 1.000.00 2,200.00 Supplies ..... _........_.... 2,700. UO 1• Insurance _ J-1. Feeding Prisoners 215.00 2,700.00 500 J-2• Miscellaneous .00 900.00 (Injuries) ............... 360.00 TOTALS .............. _..$ 77,470.00 300.00 Item 119 -A -Fire Department Maintenance A. Salary Tire Fund5.00 Chief ...... ................... _.$ 2,760.00 ( 1) @ $230.00 A. Salaries Senior $ ^ 760.00 A. Salaries (2) 3,960. � (2) @ $16500 . (5) Captains 9,300.00 (5) A. Salary sDriver. 0($155.00 3,960.00 A. Slal riesc (1)" " 1.980.00 ( 1) @ $165.00 91300.00 A. Salaries nta (7) 12,180.00 (7) @ $145.00 11980.00 Engineers (4) 12,180.00 - 6,960.00 ( 4) 0 $145.00 6,960.00 Special Session, March 5th, 1938 27 A. Salaries Firemen (35) 58,800.00 (34)(nl $140.00 57.120.00 (After First Year) A. Salaries Firemen(2) 3,000.00 ( 2) Q $125.00 3,000.00 (During First Year) D. Travel ...... ........ _.... _ 50.00 50.00 C. Office .................. 500.00 650.00 D. Printing ....._...._... 25.00 35.00 F. Maintenance .... 2,400.00 2,300.00 G. Material and Supplies ............... .. 2,700.00 2,700.00 H. Heat, Light......... 3,300.00 3,300.00 11. Insurance .._..... _.... 340.00 200.00 J-1. Miscellaneous (Injuries) ............ 1,000.00 1,200.00 J-2. Interest on Warrants .............. 160.00 160.00 J-3. Reserve for Emergency ....... 1,128.00 1,596.00 TOTALS _...._........ $11.0,543.00 $109,451.00 Item 119 -B -Fire Equipment Fund E. Fire Equipment ........................... _._...... $12,374.00 $ 7,661.00 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 C. Office .....-........ ................. ._.-.......... .......... 100.00 100.00 E. Equipment ............... .... ___.......... .... .- 150.00 150.00 F. Maintenance ...... ..... ..... _............._.........._ 150.00 150.00 G. Material and Supplies .....__..._.. 200.00 200.00 H. Heat, Light and Power .........___ 200.00 200.00 1. Insurance on Building ..... _....... 84.00 TOTALS ........................................$4,734.00 $ 4,650.00 Item 121 -Building Commissioner's Office (General Fund and Misc. General Revenues) A. Salary Building Commissioner .......... _........ _................... _$ 2,400.00 "$ 3.000.00 A. Salary Stenographer (20% Time) _ .... _...... _...... _....... ........ ..... 200.00 200.00 C. Office .............................................. 25.00 25.00 F. G. Maintenance __.__._.._.._.._......._.._.._ 80.00 Material and Supplies .....-.... 50.00 150.00 100.00 I. Insurance on Car ._... .................. _.. 25.00 TOTALS ....... ._........... ___....... ....... ___ _....$ 2,780.00 $ 3,475.00 (General Fund -$1,675.00: Fees $1,800.00) (• Note: Includes Civil Engineering Duties). Item 122 -Plumbing Inspector's Office (General Fund and Misc. General Revenues) A. Salary Plumbing Inspector ...$ 2,160.00 1 $ 2,160.00 A. Salary Stenographer 150.00 160.00 (15°in Time) ..... _....... _............. _....... ... _... 25.00 25.00 C. D. Office ...... -...... ___.._.... ....... _....................... Printing 15.00 15.00 50.00 G. Material and Supplies .............. 25.00 30.00 J-1. Plumbing Board ...... . .... ....... ... ......... .._ 30.00 TOTALS ........................... _ ...... ........................ $ 2,405.00 $ 2,430.00 (General Fund -$830.00; Pees -$1,600.00) Item 123 -Electrical Inspector's Office (General Fund and Misc. General Revenues) A. Salary Electrical Inspector ...$ 2,2'10.00 $ 2 220.00 A. Salary Stenographer 150.00 150.00 (15%, Time) _ ...... ...... ........ ... .__--------- -_ 25.00 25.00 C. Office ................ ....... ................... .... ............. - 15.00 15.00 D. Printing .................. _..... ...................... _........ 175.00 175.00 F. G. Maintenance ......... .. ..............................__ Material and Supplies ................. 100.00 100.00 I. Insurance ............... ._.... _........ _............ ..... .. 25.00 TOTALS.................................................._....$ 2,710.00 $ 2,685.00 (General Fiord -$1,285.00; Fees -$1,400.00) Item 124 -Dog Pound (Misc. General Revenues) J. Enforcement Dog Ordinance._$ 300.00 $ 150.0U Subtotals Group II, Protection 13,31f,.00 of Life and Property ...... ........ _.$ $207, ;17.00 GROUP III -HEALTH AND SANITATION Item 125 -Health Operation (General Fund) A. Salary 1)irector (Part Time) ...$ 1800.00 $ 1,800.00 1,1 50.00 A. Salary Sanitary Inspector............ 1.1180.00, 1,060.00 A. A. Salary Clerk ............................................._ Salary Restaurant Inspector 900.00 1700.00 Mi0.00 1.700.00 A. Salary Head School Nurse...._ ]1:400.00 1,400.00 A. Salary School Nurse ....... ............... 28 Special Session, March 5th, 1938 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 .._.. .... ...................... __...... _......... . 100.00 150.00 D. Printing _...___ .... ......... ........... ___ 50.00 50.00 E. Equipment -_.. ......................... __............... .25.00 50.00 F. Maintenance (2 Cars) ... _........ _... 120.00 250.00 G. Material and Supplies ............... . 150.00 400.00 .1-1. Laboratory Expense ....... ....... _...... 900.00 900.00 J-2. Miscellaneous ............ ........... ....... _......... 113.00 100.00 TOTALS ....... ........... __........ ............................ $12.438.00 $12.880.00 Item 126 -Visiting Nurses J. Visiting Nurse Association ......$ 1,200.00 Item 127 -Sewer Maintenance (Main Sewer and J. Sewer Fund) A. A. Salary Sewer Poreman.............. Wages Laborers _..$ 1.800.00 $ 1,800.0C E. ........................ Equipment ................................................... 7,200.00 600.00 8,500.00 500.00 F. G. Maintenance ........................ ............. ...... . 300.00 Material and Supplies 700.00 I. ... __.._.... Insurance on Truck ........................ 400.00 35.00 300.00 J-1. Power for Sewer Pumps.............. 1,100.00 1,300.00 TOTALS ..... ................. _....... __..._.._!........ ..$11,335.00 (Sewer Fund -$1,744.00; Main $13,100.00 Health and Sanitation .... ..... ....... ........ . .$45,173.00 ••-�-"• $46,340.00 Sewer Fund $11,356.00) Item 128 -Garbage Disposal (Misc. General Revenues and Garbage Disposal Fund) J. Contract for Garbage Collection and Disposal .........._.$18,000.00 $18,000.00 (General Revenue -$9,449.00; Garbage Fund -$8,551.00) Disposal Item 129 -Milk Inspection (General Fund Misc. General Revenues) and A. E. Salary Milk Inspector ............... 1,800.00 Equipment $ 11800.00 P. _........... Maintenance of Inspector's 160.00 G. Car___.._.__...._......___.._..._...__............ 300.00 Material and Supplies ..... __......100.00 300.00 _ TOTALS 100.00 .... _......_.. . $ 2,200.00 . .......... $ 2,360.00 (Milk Inspector's Fees -$1,500.00; General -$860.00) Subtotals Group Ill. Health and Sanitation .... ..... ....... ........ . .$45,173.00 ••-�-"• $46,340.00 GROUP IV -HIGHWAYS AND STREET LIGHTS A. Item 131 -Highway Administration (General Fund) A. Salary Superintendent ...$ 2,500.00 Salary Timekeeper F. G• .,_._.........._,•,_ Maintenance _ Material andSupplies__..__„_ 1,800.00 100.00 L 200150.00 .00 Insurance on Car ........................ 85 00 150.00 TOTALS ................... .$ 2,8 067 0 $ 2,050.00 Item 132- Fund and GradingRFund)ng and Grading (General A. E. Wages Laborers ...__._._. Equipment $15,000.00 $15,000.00 F. G• Maintenance -..__.....""' •"" "''-'- ..-•••- 1.000.00 Materialand Supplies 4.500.00 4,600.00 4,500.00 I• _" Insurance on Equipment _ 9.000.00 420.00 5,500.00 TOTALS ._... .... ...__._......._......__.._._...__$29,920 �0 (General -$24,500.00; Grading -$5,000.00) $29,500.00 A. Item 133 -City Garage (General Fund) Salary Read A. C. chanic ... _._$ 2,300.00 Office ....... --•• 41100.00 $ 2,300.00 E. F• ....... _......... Equipment ...._ ..._ _......_._...._...._ 75.00 Maintenance•on "' 100.00 Garage 6,200.00 75,00 500.00 G• H• Material and - 400.00 Heat, Light, Poweries 340.00 400.00 I• '__•__ In on 1,520.00 Garage--- 325.00 2.500.00 270.00 TOTALS ---_ _ 60.00 _..._._.._.........._............$ 9,105.00 Item 134 -Ash and Can Collection $11.350.00 A. (General Fund) Wages Drivers E. F. nt and EquipmeLaborers$ 7,200.00 _ enance ............ ..�".._......... $ 8,000.00 G• I• Material and SUpplies _. 1 Insurance -•- 750.00 1 ,400.00 ....... _.................__._ 125.00 TOTALS _........._..... �--- 600.00 _._..._ ...._.._........ $ 9,475.00 $ 9,900,00 Special Session, March 5th, 1938 2.9 Item 138 -Street and Traffic Signal Lighting (Light Fund) H. Total for Street Lighting and Traffic Signals .... .... _...... ... $48,400.0() $48,600.00 J. 2016 State Sales Tax ..... .... .... _..... _ 968.00 972.00 TOTALS.........................................................$49,368.00 $49,572.00 Item 140 -Street Cleaning (Garbage Disposal and Street Cleaning Fund and Misc. General Revenues) A. Wages Drivers and Laborers -$11,500.00 $12,500.00 E. Equipment .... _..... .................. _................-. 600.00 500.00 F. Maintenance .............................. 2,500.00 3,000.00 G. Material and Supplies .............. 1,500.00 11000.00 I. Insurance ..... ................... _.__.._..............- 280.00 J. Surplus . ............ .__......... _.... - ........ -....... _ 119.00 102.00 TOTALS .....................___ ...... _.................. _.... $16,499.00 $17,102.00 (Misc. General Revenues -$8,551.00; Street Cleaning Fund -$8,551.00) Subtotals Group IV, Highways and Street Lighting....._..............__$117,242.00 $119,474.00 GROUP V -LIBRARY Item 143 -A -Library Fund and Misc. Library Revenue A. Salary Librarian .............. ........ _......... $ 2,166.00 $ 2,280.00 A. Salary Reference Librarian...... 1,596.00 1,680.00 A. Salary Catalogue Librarian.... 1,425.00 1,500.00 A. Salary Child Librarian ...... _...... 1,311.00 1,380.00 A. Salary School Librarian ............. 960.00 1,080.00 A. Salary Acting Circulation Librarian ........ -... ........................ _......_...._ 1,008.00 1,020.00 A. Salary General Assistant ...... 621.00 900.00 A. Salary General Assistant ...... 840.00 840.00 A. Salary General Assistant....__... 780.00 840.00 A. Salary General Assistant ....... .... 840.00 A. Salary General Assistant (Half Time) ........ ..... ........... .............. ...... 1,560.00 621.00 A. Salary Janitor ...... ............. .................. .. 1,200.00 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 ..................._ ..... 4.000.00 2,711.00 G. Material and Supplies ..... _...... 1,000.00 1,000.00 H. Heat, Light, Rater ........................... 2,10.00 2,100.00 I. Insurance ...................... ............... _............... 300.00 300.00 J-1. Interest on Warrants ...... ........ ..... 100.00 100.00 J-2. Reserve for Emergency ..... _....... 588.00 1,461.00 TOTALS ....._ ................ - ........ ....................... $27,755.00 $28,113.00 Library Fund -$26,822.00; Misc. Library Revenue - $1,291.00) Item '143 -B -Library Building Fund J. Payment on Building ....... _.... _... $16,144.00 Subtotals Group V, Library......$27,755.00 $44,257.00 GROUP VI -PARK FUND Item 144 -A -Park Administration A. Salary Superintendent ........ _.... $ 1,800.00 $ 1,800.00 B. C. Travel ................... _._............ ........ -_._ 50.00 Office ..... _........ ........ ....... _--- -...----- _---- _ 125.00 50.00 125.00 D. ..... .... Printing and Advertising _._ 25.00 25.00 J-1. Miscellaneous ... ._..... ._........ ........ ............ 15.00 15.00 TOTALS .............................. ....... ._.... _._...._..$ 2,015.()0 $ 2,015.00 Item 144 -B -Park Areas, Buildings, Etc. A. Wages of Laborers .................... ... $10,300.00 $11,600.00 1,200.00 IF. F. Equipment ................. ..... _............. __.... 800.00 Maintenance ......................... _..... _.............. 800.00 800.00 G. Material and Supplies ...-- ....... 2.350.00 3,820.00 H. Heat, Light, Water .............. _........... 2,725.00 2,200.00 500.00 Y. J-1. Insurance ..... _......................._....................... 575.00 Renovation and Replacements 700.00 700.00 J-2. Interest, Reserve and 359.00 788.00 Assessments ................................ TOTALS...........................................................$18,609.00 $21,608.00 Subtotals Group VI' X20 f24 00 ParkFund ................................ $23,623.00 Park Tax -$21,377.00; �ii._ furl: Revenues - $2,246.00) SWIMMING GROUP VII-PLAPOOL FUDNDAND Item 145 -A -Recreation Administration $ 2,250.00 A. Salary Director ...... . ............... _.......... $ 2,250.00 X0.00 50.00 B. Travel ....._........_..................................._.._..._ 60.00 60.00 ,C. Office .................. _............. .................... -•-•-- - 30 Special Session, March Sth, 1938 F. Maintenance (Car) __.__.._ _. 360.00 360.00 G. Material and Supplies .__.._.... 100.00 100.00 TOTALS ____......_._._......__..-..._...$ 2,820.00 $ 2,820.00 Item 145 -,B -Playgrounds A. Salary Supervisors, Directors, Etc. ... ........2,050.00 $ 2,050.00 A. Wages Laborers .....................- 200.00 E. Equipment ........... 400.00 150.00 F. Maintenance _...._._.._...... _....... _._..._ 500.00 750.00 G. Material and Supplies .... ..... ... _.... 400.00 300.00 H. Heat, Light ... ..._........ __.... _ 100.00 100.00 1. Insurance _.._...___.....__.t___... _.._ 50.00 50.00 TOTALS ..... _......... _.......... ........... ... __....$ 3,700.00 $ 3,400.00 Item 145 -C -Music Events J. Cost of Music ___...__....__...__.__...$ 250.00 $ 250.00 Item 145 -D -Winter Sports A. Wages Check Room, Etc...._..$ 650.00 $ 350.00 C. Office ...... ....... _......... _......... .._........ __..._....._ 25.00 25.00 E. Equipment _...._.._..___...__ .-...__ 100.00 50.00 F. Maintenance __....._..._.._.. 200.00 50.00 G. Material and Supplies .._._......... 150.00 50.00 H. Heat. Light ___...._....____.�350.00 275.00 I. insurance ... ......................... _ 25.00 TOTALS ........................................$ 1,500.00 $ 800.00 Item 145 -E -Swimming Pool Operation A. Salary Superintendent ......... ...... $ 450.00 $ 300.00 A. Salary Guards (4) .... .... _.......... . 650.00 840.00 A. Salary Attendants (3 )r 4)...._ 900.00 750.00 A. Wages Laborers ..__._._...... ....... _ 300.00 110.00 C. F. Office ....._ ...............___..__._.._......____.._...... 50.00 Maintenance ................. ______..__...- 300.00 50.00 300.00 G. Material and Supplies _......... _ 500.00 150.00 H. I, Light and Power ..._..__....... __...... 350.00 Tnsurance 600.00 J. ....._._._..._._.._.__..... _..... 200.00 Miscellaneous .............................. 300.00 200.00 100.00 TOTALS .......... ...... _ ...._................ ...... ..$ 4,000.00 $ 3,400.00 Item 145 -G -Indoor Winter Sports J-1. Miscellaneous_., ......_.__.....�$ 100.00 $ 50.00 Item 145 -FI -Emergency J-1. J-2. Tnterest on Warrants _......_._..... $ 100.00 Reserve $ 50 00 .... _„_............ ._............. _..._....._ 520.00 115.00 TOTALS .......................... „,,. ,,,$ 620.00 $ 165.00 Item 146 -Athletic Park A• Wages Caretaker ...... ._................. $ F. _ 400.00 Maintenance G. H. ......._.._._....... Material and Supplies Lights. Water _ ;; $ 750.00 150.00 I. __._•_ insurance..... 200.00 J-1. . .. . . ........ Miscellaneous ........ 500.00 . ................. 50.00 _ TOTALS ................ _.._...._.__..... _......... _ Subtotals Group VTT, Play- $ 2,050.00 ground and Swimming Pool_$12,990.00 (Playground and Swimming Pool $12,935.00 Tax -$10,535.00; Misc. Playground Revenue -$2,400.00) GROUP VIII -MISCELLANEOUS Item 146 -Athletic Park A• F. Wage Caretaker ..... .............. _....... $ 400.00 Maintenance G. ......_ ................ ._...... ......... _. 550.00 Material and Supplies H. I. .............. 150.00 Lights. Water _._................_. I'nsurance--•••••• 200.00 J-1. Miscellaneous_ M W _ 515.00 ......_.._._...._.... 65.00 TOTALS............. ......... ...................._......_.....$ 1.880.00 Item 147 -planning and toning (General Fund) J• Miscellaneous ........................ 5 00 Item 148•E -Ambulance (General2Fund and eDrivers $ 26.00 A. 1'• Salaries (2) Maintenance - - $ 1.680.00 $ 3,360.00 G• ... Material and Supplies �... 300.00 I• .. .. 13200 Insurance ......._ 160.00 ................._. ... __............... 325.00 525.00 TOTALS ................. _.... ......... _...___.._.$ 2,537.00 (Ambulance Fee -$1,000.00; General Fund -$3,335 00) Item 148 -C• -Other Miscellaneous J-1. Iowa League of (General Fund) Municipalities ... _._ ......... .._..................$ 50.00 $ 50.00 Zt• Special Session, March 5th, 1938 31 J-2. Damages ......... _.__..... ._...................... 3,200.00 3,300.00 J-3. Printing Council Proceedings_. 3,200.00 3,200.00 J-4: Mississippi Valley Ass'n Dues.............................................. 50.00 J-5. State Examiners ..... .................._....... .. 1,400.00 2,000.00 J-6. Repairs to Town Clock - 120.00 150.00 J-7. Misc. Unclassified .................... 1,500.00 1,500.00 J-8. Workmen's Compensation 1'nsurance............. _....................... ._......... _ 1,700.00 1,900.00 J-9. Interest on Warrants ................. 125.00 125.00 TOTALS........................................................$11.345.00 $12,225.00 Item 148 -F -Airport Fund I. Insurance....................................................... _$ 130.00 $ 130.00 J. Miscellaneous _..._................................ 563.00 554.00 TOTALS._ ......... _...................... .... _..... ........ $ 693.00 $ 684.00 Subtotals Group VIII, Miscellaneous ............... ................. _........... $16,480.00 $17,269.00 GROUP IX -MARKETS AND PUBLIC SCALES (General Fund and Misc. General Revenues) Item 152 -Market Master's Office A. Salary Market Master ..................$ 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 TOTALS ..... . ....................................... _........... $ 1,505.00 $ 1.505.00 General Fund -$305.00; Misc. General Revenues - $1.200.00) Subtotals Group IX -Markets and Public Scales ......................$ 1,505.00 $ 1.505.00 GROUP X -MUNICIPAL IMPROVEMENTS (Improvement Fund) J. City's Share of Special Assessments ...... _...... ........ _....... ......... $ 5,400.00 $ 6,000.00 Subtotals Group X - Municipal Improvements ..........$ 5.400.00 $ 6,000.00 GROUP XI -PENSION FUNDS J-1. Police Pensions ...................... __----- $10,691.00 $ 8,996.00 J-2. Fire Pensions ......... ._.._-..__........ 23,659.00 16,999.00 TOTALS ..... _....... _................. _......................... $34,350.00 $25,995.00 GRORUP XII -MUNICIPAL INDEBTEDNESS Item 161 -J -1 -City Bonds and Interest (Bond and Interest Funds) A-1. Regular City Bond Interest_.$ 45,000.00 $ 46,535.00 A-2. Grading Bond Redemption_ 15.000.00 12,000.00 A-3. Storm Sewer Bond Redemption __.___.._......_....____...... 18,000.00 48.000.00 A-4. Sinking Fund ............. 5,000.00 A-5. Improvement Bond Redemption ................ _..... ..................... 30,000.00 30.000.00 A-6. Surplus ...... ...... _.._.......... M.._._........... 3.251.00 39.00 TOTALS .............. ..._......................... _.......... $116,251.00 $136,574.00 Item 161 -J -2 -Playground Bonds and Interest No Levy 1937) A-1. ]Merest on Bonds .... _......... ............. ... $ 100.00 3,500.00 None one A-2. Bond Redemption.................. 129.00 None A-3. Surplus ...... ................. _ ....... _..... _..... ............ TOTALS ............$ 3,729.00 None Item 161 -J -3 -Dock Bond and Interest Fund A-1. Interest on Dock Bonds ..... _...... $10,555.00 20,000.00 $10,265.00 11,000-00 A-2. Bond Redemption 529.00 373.00 A-3. Surplus ...... ............ ......... _....... _.... _............ . TOTALS . ....... _.._.................................... ..$31,084.00 $31.638.00 Subtotals Group XII, Municipal Indebtedness $151,061.00 $168,212.00 Emergency and Reserve Reserve in General Misc. 37.00 $ 384.50 Revenues ...... .... __...... _..... _......................$ W.P.A. Projects ...... ._...._...................._.__._. 1.500.00 32,998.00 11,321.00 Emergency Fund ................ .......... ............._..... Payment of General Fund Warrants for 1936-37 W.P.A. Projects and New Swimming 17,000.00 Pool...... ........ _........................_....._....................... 472.50 Interest on Same ............ ..._.............. TOTALS.......... ............. ..................... E34,535.00 $29.178.00 32 Special Session, March 5th, 1938 GROUP X111 -DOCKS (Dock Fund and Misc. Dock Revenues) 1,800.00 A. Item 153 -A -Dock Operation 1.100.00 678.00 I+'. A. Salary Engineers _..._....... __... __...$ 2,950.00 $ 240.00 A. Wages Laborers .......... 2,600.00 H. B. Travel _.._..___........_.._.._._...._._...._.._ 150.06 150.00 F. Maintenance ....._ ......................._..._.._...._ 300.00 100.00 G. Material and Supplies .............. 100.00 60.00 1. Insurance ..... .................. _.._._..................... 520.00 475.00 J-1. Traffic Association Dues ........... 300.00 300.00 J-2. Improvements ......... _.... .......... .... _.... . 530.00 100.00 J-3. Miscellaneous ...... ............... _.... ........... 1,000.00 200.00 J-4. Land Purchase Contract .......... _... $ 3,000.00 500.00 J-5. Dock Pond Sinking 250.00 E. Fund Reserve .............. _............................. 500.00 E. TOTAL DOCK. OPERATION...$ 6,000.00 72,115.00 Item 153 -B -Dredge Operation A. A. Salary Engineers .............................. Salary Operator $ 180.00 A. ........._..._.._....._..___ Salary Oiler 1,800.00 A. _ .... ...... . Wages Laborers.--.'.-.".'.""-'-**".'.'*.**'-.- . .. 1.100.00 678.00 I+'. Maintenance (Repairs) .......... 2,950.00 G. Material and Supplies 500.00 H. _..._._.._ Electric Power 200.00 I. ...... ...... _.............. _... Marine Insurance 3600.00 . r• ._..... ...... .......... _._ Workmen's Compensation 725.00 Est. Receipts from .. 600.00 Insurance 149 -A -Administration A. Salary Superintendent... J. Miscellaneous ......................_..._.._...................... .....__..__.. 225.00 350.00 31300.00 TOTAL Dredge Operation.... $ 9,153.00 2.400.00 Item 153-C-W.P.A, Project A. Salary Stenographer••'ii d .... ...... Clerk E. E. Trucking ..... . ............. ............ _.... Scale Rental .......... $ 3,000.00 E. Derrick Rental - - 250.00 E. Tools ..._._.._......... .._. _- 90.00 E. .._......._..e...r.._s.............. ....._......._......- Life Presery 200.00 G. .............. _........_. _ Cement ....... 60.00_.._ 300.00 1,350.00 ................ 360.00 TOTAL _..._.._..._. ... ............. _........ _..___ $ 3,950.00 Item 153-D _ - Est. Receipts from _ Repayment of Loan to 2,250.00 Water Works 6,000.00 .... _.......................... ... _ Subtotals Groups XIII Docks $ 6,000.00 (Dock Tax Fund -$12,723.00; Misc. $ 5,500.00 $20,723.00 Revenue -$8,000.00) Dock 2,950.00 GROUP XIV -WATER WORKS (Self -Supporting) Loan to Dock Fund.................. SUMMARY OF RECEIPTS AND EXPENDITURES RECEIPTS Est. Cash on Hand April 1st- ..$ 24.000.00 Est. Receipts from Metered Sales 130,000.00 Est. $ 20,000.00 Receipts from Flat Sales 140,000.00 Est. Receipts from .. 600.00 250 00 Protection Service _ - Est. Receipts from _ 2 000.00 2,250.00 Nott -Operating Service ......••„ Est. Receipts from 6,000.00 51000.00 Est.StateRepayment of ales x ••.-•••--- 2,750.00 2,950.00 Library Loan Balance ....,.._,,,.. Est. Repayment of 3.662.52 Loan to Dock Fund.................. . TOTALS 5,500.00 _.........._. __.$16 179.612.62 EXPENDITURES 149 -A -Administration A. Salary Superintendent... A. Salary Cashier (Asst. .... "$ Superintendent) 31300.00 $3,000.00 ....._............_......_. A. Salary Accountant ---- 2.400.00 A. Salary Stenographer••'ii d .... ...... Clerk 2.070.00 2.160.00 __._....___._.._._._...._..._._..._..___._._ A• Y Clerk (Extra Hel • ,-afarCity Manager (20%) A. 1.440.00 1,560.00 1.200.00 A. Salary City Treaitorer20 0) 1,200,00 490.00 1.100.00 13. Travel .... `y�) C. ___. 480.00 490.00 480.00 Office Ex ense - D. Printing and Adv rtPostage_ 125.00 800.00 126.00 E• EnuI rnent .............. g----- F. i<Iaintenance _ ' - 300.00 1,350.00 800.00 300.00 G. Material and Sl......... ........_...._.... -•- 1. Insurance Pplies .............__. 300.00 600.00 1.150.00 300.00 .J-1. Sinking Fund __.._.__._.__... J-2. Refunds ..................... 60.00 16,000.00 800.00 100.00 __.._....... ........ _ 2.000.00 3,600.00 2,000.00 Special Session, March 5th, 1938 33 J-3. Miscellaneous ._....._..._...___.._......__ 500.00 500.00 J-4. Sales Tax (2% to State) ......... _ 2,750.00 2,950.00 TOTALS ........................................$35,955.00 $22,615.00 (c) Emergency Levy .............. ..... 32,998,00 (• Note: Includes Cashier's Duties) 178,470.00 Water Works Reserve ...___...... 677.5U 149-B—Water Operation TOTALS.....__...._......._._.._...._....__.___..$89G,744.00Y $936,460.52 A. Salary Field Engineer ................ $ 2,280.00 $ 2,4110.00 A. Salary Plant Chief Engineer... 2,100.00 2.1110.00 A. Salary 6 Plant Engineers..-_ 10,350.00 IU,S00.00 A. Wages Extra Station Labor._ 650.00 :,000.011 A. Salary Tapper ....... . ............... 1,560.00 1,620.00 A. Salary Meter Service Man...... 1,500.00 1,560.00 A. Salary Meter Repair Man .......... 1,750.00 1,860.00 A. Salary Meter Reader ..................... 1,500.00 1,560.00 A. Salary Asst. Meter Repair Man......... ........ _... .... .._..... ....... __......... ... ...... 1,560.00 1,620.00 A. Salary General Foreman ..... _..... 2,180.00 2,250.00 A. Salary Asst, Foreman ............. . 1,610.00 1,680.00 A. Wages of Laborers ...... _................ 10,000.00 11,500.00 E. Equipment ..... _._.._.... ._..... ..................... 11,000.00 10,000.00 F. Maintenance ..... ............... _.................... _. 12,000.00 13,620.00 G. Material and Supplies .._ ...... 1,500,00 1,500.00 H. Heat, Light and Power _ 29,000,00 25,000.110 I. Insurance .................................... 1,000.00 4,500.00 J-1. Water Main Materials ............... 13,000.00 15,000.011 J-2. Other Betterments ....... .............. – 18,000.00 42,000.00 J-3. Store Reserve ........__ ... ............................ 3,000.00 3,000.00 J-4. Miscellaneous ................. _... ........... ..._... 2,047.50 1,225.00 TOTALS ...... . ............................. _...... __........$127,617.50 $155,855.00 Grand Total Nater Works Appropriations ..........$163,572.50 $178,470.00 Non -Appropriated Reserve .............. .. 677.50 1,142.52 TOTALS ..... .................. _..............._..............$164,250.00 $179,612.52 RECAPITULATION OF TOTAL APPROPRIATIONS AND RESERVES (a) City Operation, Pond and Interest, Groups I to XIII Inclusive ........................................$697,959.00 $745,142.50 (b) Reserve in General Fund and Mise. General Revenue .................. 1,537.00 384.50 (c) Emergency Levy .............. ..... 32,998,00 11,321.00 (d) Water Works Appropriations 163,572.50 178,470.00 Water Works Reserve ...___...... 677.5U 1,142.52 TOTALS.....__...._......._._.._...._....__.___..$89G,744.00Y $936,460.52 Resolution No. 7-38 A resolution in relation to the appropriation of the consolidated tax levy in ratio, as provided by law, for the fiscal year beginning April 1, 1938, and ending March 31, 1939. Whereas, the City Council of the City of Dubuque has heretofore caused to be levied a consolidated tax in accordance with the pro- visions 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 derives} from such tax has been determined to be $239,424.00, and it is now deemed necessary and advisable to determine the ratio upon which such revenue shall be apportioned among said funds and appropriate the same to such funds and purposes included therein: Now, therefore, Be it resolved by the City Coun- cil of the City of Dubuque that the estimated revenue from the con- solidated tax levy be and the same is hereby appropriated in the ratio herein apportioned 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 ....................$177,108.00 Grading Fund .................... 5,000.00 Improvement Fund .......... 6,000.00 Sewer Fund 1,744.00 Light Fund .......................... 49,572.00 Total ................................$239,44.00 Be it further resolved that the estimated revenues to be derived from the tax upon agricultural lands within the City be appropri- ated in the suns of $104.00 to the General Fund, making the total of said General Fund $177,212.00. 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 sante shall take effect and be in force from and after the adoption hereof by the City Council, as pro- vided by law. 31 Special Session, March 5th, 1938 Passed, adopted and approved this 5th day of March, 1938. JOHN K. CHALMERS, Mayor. CARL A. CLARK, M. R. KANE, GEO. R. MURPHY, A. M. BENNN:TT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kane moved the ad- option of the resolution. Seconded by Councilman Bennett. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark,, Kane, Murphy. Nays—None. Resolution No. 8-38 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 fis- cal year beginning April 1, 1938, and ending March 31, 1939, 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 prepar- at'on of the annual budget required by law to be prepared by the City Council of said City; and Whereas, this Council has exam - fined 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 de- partments of such City, such esti- mates showing therein not only the Purpose for which the consolidated tax authorized by Section 6217 of the Code of Iowa 1935 is to be used, but in addition thereto, the Pur- poses for which all other levies heretofore made are to be used and including therein also the esti- mated revenue from miscellaneous receipts and the purposes for Which the same are to be used, so that said budget shows all of the pro. Posed expenditures for the ensuing fiscal year: Now, therefore, Cil Bofi thtyof Dubuque: resolved by the ieCoun- 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, 1938, and ending March 31, 1939, to be Published in the official newspaper Of this City at least once, said Publication 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 22nd day of March, 1938, 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 approval by the City Council, as Provided by law. Passed, adopted and app1roved this 5th day of March, 1938. JOHN K. CHALMERS,, Mayor. CARL A. CLARK.., M. R. KANE, GEO. R. M IIRY.3Y, A. M. BENNETT, Attest: J. J. SHEA�uncilmen. Councilman Bennett moved the adoption of the resolution. Second- ed by Councilman Murphy, Car- ried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane,. Murphy. Nays—None. There being no further business, Councilman Clark moved to ad- journ. Seconded by Councilman Kane. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays --None. J. J. SHEA, City Clerk. Approved —T-`� � e7, Z1938. Regular Session, March 7th, 1938 35 City Council (Official) Regular Session, March 7th, 1938. Council met at 8:10 P. M. Present—Mayor Chalmers, Coun- cilmen Bennett, Clark, Bane, Mur- phy, City Manager Rhomberg. Mayor Chalmers 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 Clark moved to sus- pend the rules for the purpose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Petition of The Greater Dubuque Association requesting the City Council to include in the Annual Budget for the coming year the cost of adequately and properly marking the different streets in the City,, now wholly inadequately marked, presented and read by Dr. H. J. Kaep. Messrs. Leo A. Stef- fen, et al, addressed the Council requesting that the Council take a vote at this meeting as to whether or not they favor granting the re- quest as outlined in their petition. Councilman Bennett moved that the City Manager be instructed to begin the marking of the streets, the cost to be charged to the regu- lar street appropriation provided for in the 1938-1939 budget. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Petition of Maud Hutchings,, et al, residents of Bennett Street, re, questing the City Council to order the re-routing of the Grandview Avenue Bus to turn south on Delhi Street at Algona and proceed soutb on Algona Street to Bennett Street and thence east on Bennett Street to Grandview Avenue and thence on its present route, presented ane read. Mrs. Maud Hutchings and MisE Elsie Datisman addressed the Coun cil requesting that the prayer o. their petition be grantad. Councilman Murphy moved tha the prayer of the petition be grant ed. Seconded by Councilman Clark Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett,, Clark, Kane, Murphy. Nays—None. Petition of Stephen Bennett, et al, residents and property owners on Bennett Street, protesting and objecting to the granting of the pe, tition requesting the routing of bus service over Bennett Street, pre- sented and read. Messrs Stephen Bennett, Milton R. Jaeger and Charles Spielman addressed the Council, stating their objections to the routing of bus service over Bennett Street. Councilman Bennett moved that the petition be received and filed. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark„ Kane, Murphy. Nays—None, Communication of Carl Grabow, Recreational Director, advising the City Council that at a regular meet- ing of the Playground and Recrea- tion Commission that he was in- structed to inform the City Council that if thele was to be any change in the re-routing of the local bus service that Bennett Street be giv- en consideration as a coasting hill, presented and read. Councilman Bennett moved that the communication be received and filed. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Notice of Claim of Mrs. Oscar Williams in the amount of $200.00 for personal injuries received in falling on icy intersection at the north-east corner of 13th and Cen- tral Avenue, presented and read. Councilman Bennett moved to re- fer the Notice of Claim to the City Solicitor. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark,, Kane, Murphy. Nays—None. Notice of Claim of Albert Rog- gensack in the amount of $13.80 for personal injuries received in falling on an icy brick sidewalk on the north side of Seventeenth Street between the alley and Elm Street, presented and read. Councilman Murphy moved to re- fer the Notice of Claim to the City Solicitor. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. 36 Regular Session, March 7th, 1938 Notice of Claim of Mrs. Anna Schaul in the amount of $228.00 for injuries received in falling on the sidewalk located on the south. erly side of Thirteenth Street about midway between Iowa Street and Central Avenue and at a place northerly from the main entrance to the City Hall, presented and read. Councilman Murphy moved to re- fer the Notice of Claim to the City Solicitor. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Chalmers, CouncIl- men Bennett, Clark, Kane, Murphy. Nays—None. Notice of Claim of Vincent Sowle in the amount of $20,000.00 for in- juries received in falling on defec- tive and icy steps leading from Cleveland Park to Bluff Street Ex- tension, presented and read. Councilman Bennett moved to re- fer the Notice of Claim to the City Solicitor. Seconded by Coun- cilman Clark. Carried by the fol- lowing vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Original Notice of Suit of Mary Clancy, Plaintiff, in the amount of $600.00 for injuries received in fall- ing on icy sidewalk about 200 feet Southeast of the intersection of Bryant and Cleveland Avenue on the premises known as 228 Bryant Street, presented and read. Councilman Kane moved to refer the Original Notice of Suit to the City Solicitor. Seconded by Coun- cilman Clark. Carried by the fol- lowing vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Original Notice of Suit of Mary Busch, Administratrix of the Estate of Herman H. Busch, deceased, Plaintiff, vs. City of Dubuque, Iowa, and Laura Bell, Defendants, in the amount of $4,000.00 on account of injuries sustained by Herman H. Buech as a result of which he died; said injuries were received in fall- ing on icy sidewalk on 15th Street between Main Street and the north and south alley immediately to the west of Main Street and on the north side of real estate known as Lot 470A in the City of Dubuque, Iowa, presented and read. Councilman Kane moved to re- fer the Original Notice of Suit to the City Solicitor. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark,, Bane, Murphy. Nays—None. Original Notice of Suit of Dor- othy Slater, Plaintiff, in the amount of $500.00 for personal injuries re- ceived in falling on icy crosswalk on the South side of Rhomberg Avenue at the alley crosswalk be- tween Jackson Street and White Street, presented and read. Councilman Kane moved to refer the Original Notice of Suit to the City Solicitor. Seconded by Coun- cilman Clark. Carried by the fol- lowing vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Original Notice of Suit of Alma Baumann, Plaintiff, in the amount Of $15,000.00, for personal injuries received in falling on icy sidewalk on the north side of West Thir- teenth Street between Iowa Street and the Alley between Iowa Street and Main Street in front of the property known as 105 West Thir- teenth Street, presented and read. Councilman Kane moved to refer the Original Notice of Suit to the City Solicitor. Seconded by Coun- cilman Clark. Carried by the fol- lowing vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays --None. Bill of F. G. Braconier, Plumber, in the amount of $8.47 for services rendered in clearing the stoppage In the sewer connection: at 1047 West 14th Street, Mrs. J. P. Seitz,. owner, presented and read. City Manager Rhomberg recom- mending that the bill be allowed as the cause of stoppage was in the main sewer of the City. Councilman Kane moved that the recommendation of City Manager Rhomberg be approved and that a warrant in the amount of $8.47 be ordered drawn against the Main Sewer Fund in favor of F. G. Bra- conier to cover the amount of said bill. Seconded. by Councilman Clark. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy, NaYs—None. Communication of Murphy Insur- ance Agency requesting the return of the excavation bond of Maurice A. Hill for cancellation as he wish- es the termination of said bond, presented and read. Councilman Kane moved that the request be complied with providing that all excavations have been pro- perly taken care of. Seconded by Regular Session, March 7th, 1938 37 Councilman Clark. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. mays—None. Communication of Dubuque Trades and Labor Congress sub- mitting resolution adopted by their organization requesting the City Council to take the necessary ac- tion to immediately fill such vacan- cies that are now existing on the Fire Department, presented and read. Councilman Murphy moved that the communication be received and filed for the reason that the City Manager is preparing to put into effect the request as asked for :n the communication. Seconded by Councilman Bennett. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Communication of United Bro- therhood Carpenters and Joiners Local No. 1646, submitting a peti- tion indorsed by their organiza- tion requesting that all companies of the Fire Department be brought up to full strength at the earliest possible date with such standards to be maintained at all times in the future, presented and read. Councilman Murphy moved that the communication be received and filed for the reason that the City Manager is preparing to put into effect the request as asked for in the communication. Seconded by Councilman Bennett. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane,, Murphy. Nays—None. Communication of Ernest P. Breithaupt submitting an offer in the amount of $200.00 for the pur- chase of the City property located at 1801 Prescott Street, presented and read. Councilman Kane moved to refer the communication to the City Manager for the purpose of carry- ing on negotiations with this pro- posal and any other prospects with a view for the sale of said pro- perty. Seconded by Councilman Bennett. Carried by the following vote: Yeas --Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Petition of Dubuque Trades and Labor Congress requesting permis- sior to use the grounds outside of the Ball Park on Fourth Street Extension for the holding of a car - rival commencing Monday, May 30, 1938, and ending Sunday, June b, 1938, and that all charges for the use of said ground and the license fee to be eliminated, presented and read. Councilman Bennett moved that the prayer of the petition be grant- ed and the license fee to be elim- inated. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Petition of H. T. Bertsch calling the attention of the City Council to the condition of the street light- ing on Sunset Ridge and request- ing that at least one or two of the lights now installed be restored and placed in service, presented and read. Councilman Murphy moved to re- fer the petition to the City Manager for investigation and report. Sec- onded by Councilman Clark. Car- ried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays --None. Petition of the Perfection Oil Company requesting permission for the carrying out of the proposed construction of a side track to their bulk plant property at Eagle Point and advising Council that it will be necessary to cross the 30 foot un- named street and also Kimball Street for which it will be neces- sary to seek permission from the City Council, presented and read. Councilman Kane moved to refer the petition to the City Council to view the grounds. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Petition of Katherine Schnee re- questing refund of penalty and in- terest charges paid on delinquent special assessments, Fund 739, lev- ied against Lot 1 of Sub. 42 and the East 1/2 of the east 1/4 of Lot 43 of Kelly's Subdivision, presented and read. Councilman Kane moved that the request be granted and that a war- rant in the amount of $21.80 be ordered drawn in favor of l:ath- erine Schnee against Special Bond- ed Fund No.739,jo cover thei amount of refund granted. Seconded by Councilman Bennett. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Petition of Estelle Looney re- 38 Regular Session, March 7th, 1938 questing the City Council for re- dress in the matter of the cost of making necessary repairs to the sewer connection on Lot 1 of Co- lumbia Addition, presented and read. Councilman Kane moved to refer the petition to the City Solicitor for investigation and report. Sec- onded by Councilman Clark. Car- ried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Petition of Sydney Haudenshield, Trustee, requesting a compromise settlement of the special assess- ment levied against the East 30 feet of Lot 1 of Breakey's Addition, presented and read. Councilman Murphy moved that the petition be received and filed. Seconded by Councilman Bennett. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Petition of H. B. McCarten re- questing exemption of the 1937 tax- es on the West 60 feet of Lots 21.22-23 in Bonson and Stewart's Subdivision as said property is be6 Ing used for playground purposes, presented and read. Councilman Kane moved that the request be granted and that a war- rant in the amount of $13.40 be ordered drawn against the Recrea- tion Fund in favor of H. B. Mc- Carten, said amount to be applied on the payment of the 1937 taxes on said property as same is being used for recreational purposes. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Petition of C. I. Krajewski, et al, requesting the City Council to en- ter into negotiations with Nicholas Welbes for the acquiring of his pro- perty for recreational purposes and for the establishing of such recre- ational center, presented and read. Councilman Murphy moved to re- fer the petition to the City Coun- cil to view the grounds. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murph Nays—None. Y. Petition of Homer V. Butt, re- questing permission to construct a concrete and brick platform on the property located at 133-135 West 12th Street, said platform to extend a maximum of two feet on- to the street, presented and read. Councilman Kane moved to re- fer the petition to the City Man- ager and Building Commissioner for investigation and report. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Petition of Joseph Sitterly, re- ferred to the City Council by the Board of Supervisors, requesting suspension of the 1937 taxes on Lot 44 of Stafford's Addition, present- ed and read. Councilman Bennett moved to re- fer the petition to the City Solici- tor for investigation and report. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Petition of Kate S. Lundbeck, re- ferred to the City Council by the Board of Supervisors, requesting suspension of the 1937 taxes on Lot 11 of Cox Addition and on Lot 242 of Woodlawn Park Addition, pre- sented and read. Councilman Bennett moved to re- fer the petition to the City Solicitor for investigation and report. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark,, Kane, Murphy. Nays—None. Vietition of C. W. Datisman, Trus- tee, requesting permission to pay the delinquent regular special, taxes without penalty and interest on Lots 33, 34 and 35 of the Sub. of Min. Lot 39 and also requesting Permission to redeem Tax Sale Cer- tificate on said Lot 33 without pen- alty and interest, presented and read. Councilman Kane moved that C. W. Datisman, Trustee, be granted Permission to redeem the tax sale certificate held by the City of Du- buque against Lot 33 of Min. Lot 39 upon the payment of the prin- cipal, plus 5% interest per annum and advertising costs, the said C. W. Datisman, Trustee, having re- deemed said certificate, he is there- fore entitled to a refund of $4.00, and that a warrant in the amount of $4.00 be ordered drawn on the City Treasurer in favor of C. W. Datisman, Trustee, on the General Fund to cover the amount of re- fund granted. Seconded by Coun- cilman Clark. Carried by the fol- lowing vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. . Regular Session, March 7th, 1938 39 Report of Board of Health for carry on the various functions and the month of January, 1938, pre- 'activities of said City as represent- sented, ed by the above funds to the end Councilman Murphy moved that of the present fiscal year, it will the report of the Board of Health be necessary to make transfers to for the month of January, 1938, be such funds from the Emergency received and placed on file. Sec. Fund in the following amounts: onded by Councilman Clark. Car- (a) to the Consolidated Fund, ried by the following vote: $6,523.96; (b) to the Street-clean- Yeas—Mayor Chalmers,, Council- Ing Fund, $5,000.00; (c) to the men Bennett, Clark, Kane, Murphy. Main Sewer Fund, $2,000.00; and Nays—None. Whereas, before any transfer can Council Proceedings for the be made from the Emergency Fund month of January, 1938, presented to any other fund, an application for approval. must be made to the State Comp - Councilman Kane moved that the troller for authority to make the Council Proceedings for they month transfer and his approval secured of January 1938, be approved as thereon; Now, therefore, printed. Seconded by Councilman Be it resolved by the City Coun- Clark. Carried by the following cil of the City of Dubuque that, vote: subject to the approval of the State Yeas—Mayor Chalmers, Council- Comptroller, there be and there is men Bennett, Clark, Kane, Murphy. hereby transferred from the Emer- Nay s—None. gency Fund of the City of Dubuque Resolution No. 6-38 (a) to the Consolidated Fund the Resolution and application for sum of $6,523.96; (b) to the Street - authority to transfer the sum of cleaning Fund the sum of $5,000.00; $13,523.96 from the Emergency and (c) to the Main Sewer Fund Fund to the Consolidated, Street- the sum of $2,000.00, which is now cleaning, and Main Sewer Funds in the hands of the City Treasurer, of the City of Dubuque. and the State Comptroller is here - Whereas, as of the first day of by petitioned to authorize such February, 1938, there was a cash in the Consolidated Fund transfer. Be it further resolved that when balance of $4,272.14 and no balance at all such approval has been received in the Street -cleaning and Main from rAuaid Stat Treasurerer that the correct Sewer Funds; and Whereas, there is now in the their books accordingly. approved bands of the City Treasurer and accredited to the Emergency Fund Passed, adopted and this 7th day of February, 1938. the sum of $13,523.96, which is JOHN K. CH yoLMERS, available for transfer to the funds r. above referred to; and CARL A. CLARK, M. R. KANE, Whereas, there has been repaid to the Bonded Debt Sinking Fund GEO. BE from the Consolidated Fund during ,MURPHY, the fiscal year,. 1937-38, the sum of Councilmen. $19,112.35, being the balance due Attest: J. J. SHE City Clerk. such Bonded Debt Sinking Fund on account of a transfer heretofore therefrom to the Consolidat- APPROVAL The foregoing resolution and ap- made ed Fund and because of such pay- proval for the transfer of funds the same is hereby approv- ment, a deficiency has resulted in be and 938. 10th day of February, such fund; and Ed this C. B. MURTAGH,State Whereas, the Street -cleaning Comptroller. Fund has become exhausted be- Councilman Bennett moved that cause of extraordinary weather resulting in streets and Statehe aComptroller, be made a pproval of C. B. Murtagh, conditions being covered with sleet ter of record. SCa ried ice and rendering the same danger- Gilman Murphy. by theofol- ous to vehicular and pedestrian travel, thereby necessitating the lowing vote: Chalmers, Council - use of street crews by day and Yeas—Mayor men Bennett, Clark, Kane, Murphy• night; and Whereas, the tax levy for the ne No . Nays—March 1, 1938. Main Sewer Fund was inadequate to provide for the maintenance and Honorable Mayor and City Council: Withto at - red rent repairs of the main sewer system taGentlemen: petition Mettel of said City; and to be able to Realty and Investment Co. acting Whereas,, in order 40 Regular Session, March 7th, 1938 as agent for Roy Curtis, Peter Greiner and Louis Knockel•, owners of certain property on Cherry and Avoca Streets, in Finley Addition, said petition having been referred to the Planning and Zoning Com- mission by City Council on Febru- ary 7th, the Planning and Zoning Commission begs to recommend to City Council vacation of the alley requested. The diagonal course of the alley through the block forms Irregular shaped lots which are not entirely suitable for building pur- poses. The Commission recommend fur- ther that the vacation of said alley be conditioned upon payment of a price which City Council may deem reasonable, and upon proper ar- rangements being made so that all abutting property owners are treat- ed fairly in the distribution of the ground thus acquired. Respectfully submitted, Yours truly, R. V. McKAY, Sec'y Dubuque Planning and Zon- ing Commission. Mr. A. A. Rhomberg, City Manager, Dubuque, Iowa. Dear Sir: The Planning and Zoning Commission met February 23rd, and asked me to report to you that in addition to their recom- mendation, made to the City Coun- cil on the petition of the Mettel Realty and Investment Company, they feel that the offer of $50.00 for the vacation of the alley men. tioned in the request is not ade- quate. The vacating of this alley will mean that all adjacent property holders can make three saleable lots out of four parcels of land which are, at present, not in con- formity with the requirements of the Zoning Ordinance. They feel this is the logical step to take, but; are of the opinion that the area of the vacated alley is worth more than $50.00. They also feel that the cost of printing and of trans. ferring the title will amount to almost $50.00, and the least that should be asked would be $50.00, Plus the necessary cost of vacating and transferring. An investigation of the sewers shows a 20 inch storm sewer in the alley which they wish vacated. A plat and profile of this storm sewer is attached, and I would re. commend that if this alley is va- cated by the City Council that an easement should be obtained for a Permanent right of way of this storm sewer. It might be well to mention that the depth of this storm sewer varies, from four feet to six feet and might interfere with the construction on the lots Involved. A private sanitary sewer is also shown on the attached plat which was constructed by the owner of Lot 166, Finley's Addition. The profile of this sewer is also shown, and it would be well to mention to the prospective purchaser that this is a private sewer, and ar- rangements would have to be made with the owner before using it for any future construction. Respectfully submitted, H. H. HOWIE, Building Commissioner. Councilman C1Ark moved that the recommendations of the Planning and Zoning Commission be referred to the City Manager for to con- fer with the property owners as outlined in the recommendations of the Planning and Zoning Commis- sion. Seconded by Councilman Kane. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy, Nays—None. February 23, 1938. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the session of the City Council, held February 7th, the attached petition of the Dubuque Star Brewing Company was re- ferred to the City Solicitor and Building Commissioner for investi- gation and, report. A study of the Zoning Ordinance and of the Building Code leads us to the conclusion that such a sign board comes under the Building Code as provided for in Section 769. In accordance with the above a permit has been issued for the erection of the sign board in com- pliance with the requirements and specifications of the building code. We hope that this action meets with your approval. Respectfully submitted, H. H. HOWIE, Building Commissioner. M. H. CZIZEK, City Solicitor. Councilman Kane moved that the communication of the Building Commissioner and City Solicitor be made a matter of record. Sec- onded by Councilman Murphy, Car. ried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Regular Session, March 7th, 1938 41 February 23, 1938. pointment to this Board for the To the Honorable Mayor and City term commencing March 5, 1938 Council, and expiring March 5, 1943. Dubuque, Iowa. Respectfully submitted, Gentlemen: At the session of A. A. RHOMBERG, the City Council held February 7, City Manager. 1938, the petition of Frank C. Luth- Councilman Murphy moved that er, owner, and Paul. J. Weitz, les- Mr. R. D. Waller be re-appointed see, requesting permission to re- as a member of the Board of Zon- move the old canopy on the build- ing Adjustment for a term of five ing known as No. 1111 West 14th years, said term commencing Street and to erect a new canopy March 5th, 1938, and expiring in its place, was referred to the March 5th, 1943. Seconded by City Manager and Building Com- Councilman Clark. Carried by the missioner for investigation and re- following vote: port. Yeas—Mayor Chalmers, Council. We have inspected the premises men Bennett, Clark, Kane, Murphy. and find that the proposed canopy Nays—None. would be in entire accordance with March 7, 1938. the Building Code and therefore To the Honorable Mayor and City recommend that the petition be Council, ,granted and that the proper ordi- Dubuque, Iowa. pante be prepared. Respectfully submitted, Gentlemen: Some time ago the g A. A. RHOMBERG, Council was petitioned by Mr. and City Manager. Mrs. Rausch, the owners of Lot 11 of Stewart's Subdivision, to open H. H. HOWIE, the alley first east of Grandview Building Commissioner, Avenue from South Hill Street Councilman Bennett moved that north. Since that time Mrs. Sham- the recommendation of the City baugh, the owner of Lot 11 of Stew- Manager and Building Commission- art's Subdivision, has asked that er be made a matter of record. the alley remain unopened or be Seconded by Councilman Murphy. vacated. Carried by the following vote: At the present time Mr. B. M. Yeas—Mayor Chalmers, Council- Graf contemplates the purchase of men Bennett,. Clark, Kane, Murphy. the easterly 50 feet of Lot 12 of Nays—None. the same subdivision, which also February 8, 1938. fronts on the alley, and is only To the Honorable Mayor and City interested in the purchase of this Council, Dubuque, Iowa. property provided the alley be va- Gentlemen: I am submitting cated. herewith reports of the City Audi. I would recommend that the City tor, City Treasurer and City Wa- Council view the grounds at the ter Department for the month of earliest opportunity in order to .January, 1938, also list of claims have a proper basis for their de. and list of payrolls for which war. cision. rants were drawn during the Respectfully submitted, month of January, 1938. A. A. RHOMBERG, Respectfully submitted, City Manager. A. A. RHOMBERG, Councilman Bennett moved that City Manager. the recommendation of City Man- Councilman Bennett moved that ager Rhomberg be approved. Sec- -the reports be received and placed onded by Councilman Murphy. Car- on file. Seconded by Councilman ried by the following vote: Murphy. Carried by the following Yeas—Mayor Chalmers, Council- vote: men Bennett, Clark, Kane, Murphy. Yeas—Mayor Chalmers, Council- Nays—None. March 7, 1938. men Bennett,. Clark, Kane, Murphy. To the Honorable Mayor and City Nays—None. March 3, 1938. Council, To the Honorable Mayor and City Dubuque, Iowa. Council, Gentlemen: In compliance with Dubuque, Iowa, your instructions I took bids on of the index and bind- Gentlemen: The term of R. D. the printing ing of the Council Proceedings for Waller as a member of the Board the year Approximately 20 of Zoning Adjustment expires firms were9contacted and butone March 5, 1938. It will necessary bid was received, that of the Times - a for the Council to make an aP 42 Session, March 7th, 1938 Hcte; Register Company, who agreed to do the work for $94.50. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Clark moved that the bid of the Times -Hotel Register Company be accepted and that they be awarded the contract for the printing of the index and binding of the Council Proceedings for the year 1537. Seconded by Council- man Bennett. Carried by the fol- loWing vote: Teas—Mayor Chalmers, Council- men Be-inett, Clark, Kane, 'Murphy. Kays—Kone. Resolution No. 9-38 Be it resolved by the City Coun- cil of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a per- mit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City. Ray Nicks and Fred Herber, 521 East 22nd Street. Be it further resolved that the bond filed with the application be approved. Passed, adopted and approved this Tith day of March, 1938. JOHN K. CHALMERS, Mayor. CARL A. CLARK, M. R. KANE, GEO. R. MURPHY, A. M. BENNETT, Attest: J. J. SHEAouncilmen. City Clerk. Councilman Kane moved the ad- option of the resolution. Second- ed by th Councilman Clark. Carried by the following vote: Yeas Mayor Chalmers, Council. men Bennett, Clark, Kane, Murphy. Kays—None. Resolution No. lo -38 Whereas, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: Now, therefore, Be it resolved by the Council If the City of Dubuque that the following applications be and the same are hereby approved and it is ordered that the premises to be occupied by such applicants shall be forthwith inspected. CLASS "B" PERMIT Arnold Mathis (New), 2319 Prince Street. Earl Kluck (New), 500 Rhom. berg Avenue. Wm. Barrington & Glenn Miller (Transfer of address from 216 W, 1st Street), 250 West 1st Street. CLASS "C" PERMIT Ralph F. Howe, 1105 Walnut Street. Passed, adopted and approved this 7th day of March, 1938. JOHN K. CHALMERS, Mayor. CARL A. CLARK, JI. R. KANE, GEO. R. MURPHY, A. M. BEN NETT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Clark. Carried by the following vote: Yeas—Mayor Chalmers, Council. men Bennett, Clark, Kane, Murphy Nays—None. Resolution No. 11-38 Whereas, heretofore applications were filed by the within named ap- plicants for Beer Permits and they received the approval of this Coun- cil • and Whereas, the premises to be oc- cupied by them have been inspect- ed and found to comply with the ordinances of this City and they have filed a proper bond: Now, therefore, Be it resolved by the Council of the City of Dubuque that the Man- ager be and he is hereby directed to issue to the following named persons a Beer Permit. CLASS "B" PERMIT" Arnold Mathis (New), 2319 Prince Street. Earl Kluck (Neto), 500 Rhomberg Avenue. Wm. Barrington & Glenn Miller (Transfer of address from 216 W. 1st Street), 250 West 1st Street. Roy A.%Wght (Renewal), 2500 Central Avenue. Mrs. Lucille Jansen (Renewal), 504 Central Avenue. Louis J. Hesling (Renewal), 1555 Central Avenue. CLASS "C" PERMIT Ralph F. Howe (New), 1105 Wal- nut Street. Be it further resolved that the bonds filed by such applicants be and the same are hereby approved. Regular Session, March 7th, 1938 43 Passed, adopted and approved this 7th day of March, 1938. JOHN K. CHALMERS, Mayor. CARL A. CLARK, M. R. KANE, GEO. R. MURPHY, A. M. BENNETT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Bennett moved the adoption of the resolution. Second- ed by Councilman Clark. Carried by the following vote: Yeas --Mayor Chalmers, Council- men Bennett, Clark, Kane,, Murphy. Nays—None. Resolution No. 12-38 Be it resolved by the City Coun- cil of the City of Dubuque that it is deemed necessary and advisable and for the best interest of said City, that a contract be entered into with White -Phillips Co., a cor- poration of Iowa, providing for the financing of such warrants as are or may be issued against funds of said City and which cannot be paid for want of funds, and of oth- er obligations payable from spe- cial funds wherein there may not be sufficient cash in such funds to pay the same upon maturity, such contract being hereto attached and made a part hereof. Be it further resolved that this resolution and contract remain on file in the office of the City Clerk for public inspection for at least one week before final• adoption and approval thereof. Be it further resolved that, after the passage and adoption of this Resolution the Mayor and Clerk be and they are hereby directed and authorized to execute said contract for and on behalf of said City of Dubuque. Introduced and ordered placed on file with the City Clerk this 7th day of March. 1938. Passed, adopted and approved this................day of March, 1938. ......................................... .......... Mayor. .............................. ..................... Councilmen. Attest: ............................................. City Clerk. Councilman Bennett moved that :he resolution and contract be ord- �red placed on file with the City "Ierk for public inspection for at .east one week. Seconded by Coun- ilman Murphy. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Resolution No. 13-38 Whereas, the City of Dubuque is the owner of Lots 2, 3,, 4, 5 and 6 of Mill's West Dubuque, an addi- tion in the City of Dubuque, which lots were acquired pursuant to tax deed; and Whereas, one Frank R. Zemanek desires to purchase said lots; and Whereas, it has been ascertained that the fair and reasonable price of said lots is as follows: Lot 2 ................................$ 79.34 .. Lot3 .................................. 79.34 Lot4 .................................. 79.34 Lot5 .................................. 60.00 Lot6 .................................. 50.00 Total .......................... $348.02 Now, therefore, Be it resolved by the City Coun- cil of the City of Dubuque that said lots be sold to said Frank R. Zem- anek for the total sum of $348.02 and that said City shall cause to be issued and delivered to said pur- chaser a quit -claim deed thereof, said purchaser to assume all taxes now due or delinquent which have been assessed against the same and shall take said lots without being furnished by said City any abstract regarding the title thereof. Passed, adopted and approved this 7th day of March, 1938. JOHN K. CHALMERS, Mayor. CARL A. CLARK, M. R. KANE, GEO. R. MURPHY, A. M. BENNETT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Murphy moved the adoption of the resolution. Sec- onded by Councilman Clark. Car- ried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Councilman Kane moved that the City Council reconsider their previ- ous action in denying the petition of Frank R. Zemanek requesting the City Council to consider the reducing of the special assessments levied against Lots 2, 3, 4, 5 and 6 of Mill's West Dubuque Addition and also requesting that the Alley 44 Regular Session, March 7th, 1938 from south of Green Street from Avoca Street east to the easterly line of Mill's West Dubuque Addi- tion be vacated. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Councilman Bennett moved that the request of Frank R. Zemanek for the vacation of the Alley from south of Green Street from Avoca Street east to the easterly line of Mill's West Dubuque Addition be referred to the Planning and Zon- ing Commission for their recom- mendation and report. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None, Ordinance No. 4-38 An ordinance granting to Frank C. Luther, his successors and as- signs,, the right to construct and maintain a canopy over a sidewalk abutting Lot 1 of the Subdivision of Lot 2 of the Subdivision of Lot 1 Of the Subdivision of Lot 1 of Sub- division of Lot 16 in Mount Pleas- ant Addition to the City of Du- buque and prescribing the condi- tions of such permit, presented and read. Councilman Murphy 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 Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Councilman Murphy moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- cilman Clark. Carried by the fol- lowing vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. • The ordinance was then read a second time. Councilman Murphy moved that the reading just had be considered the second reading of the ordin- ance. Seconded by Councilman Clark. Carried by the vote: following Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Ordinance No. 5-38 An ordinance granting to Clem J. McGuire, his successors and as- sign's, the right to construct and maintain an unloading platform in the Alley abutting City Lots 762 and 753 and prescribing the con- ditions of such permit,. presented and read. Councilman Bennett 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 Chalmers, Council. M671 .Bennett, Clark, Kane, Murphy. Nays—None. Councilman Bennett moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- cilman Clark. Carried by the fol- lowing vote: Yeas --Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. The ordinance was then read a second time. . Councilman Bennett moved that the reading just had be considered the second reading of the ordin- ance. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Chalmers,, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Councilman Clark moved that the Mayor be authorized to execute the Federal Writers Project application for permission to publish guide ma- terial for Columbia Museum Cata- logue. Seconded by Councilman Kane. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Verbal report of City Solicitor Czizek recommending the settle- ment of the claim of Ewald F. Ger- ken in the amount of $10.00 for damages received to his trousers caused in falling into an excava- tion on West 28th Street upon which no lights were placed, pre- sented. Councilman Murphy moved that the recommendation of City Solici- tor Czizek be approved and that a warrant in the amount of $10.00 be ordered drawn on the City Treasurer in favor of Ewald F. Ger- ken as settlement in full of his claim for damages received to his trousers caused in falling into an excavation on West 28th Street up- on which no lights were placed. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Chalmers,. Council- men Bennett, Clark, Kane, Murphy. Nays—None. There being no further business, Councilman Murphy moved to ad- Special Session, March 7th, 1938 . Seconded by Councilman KaneHoard of Kane. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. J. J. SHEA, City Clerk. Approved T1.0%.0-7';JFw....1938. Adopted 0, 1938. Councilor .. ........ .... Attest: ...... . ` City Clerl:. Health (Official) Special Session, March 7th, 1938. Board met at 10:30 P. M. Present—Chairman John K. Chal- mers, Messrs A. M. Bennett, Carl A. Clark, M. K. Kane, Geo. R. Mur- phy. Communication of W. J. Connell, Health Director, advising the Board of Health that the resolution and order of the Board of Health was 'served upon Mrs. Anna Heinz of 1705 North Algona Street to abate ,Abo-nuisance on said property and that she has failed to abide by -the order, presented and read. Mr. M. R. Kane moved that the yC mmunication be referred to the TCity Solicitor to take the proper _action. Seconded by Mr. Carl A. Clark. Carried by the following vote: Yeas—Chairman John K. Chalm- ers, Messrs A. M. Bennett, Carl A. Clark, M. R. Kane, Geo. R. Mur- pby. Nays—None. There being no further business, M:• M. R. Kane moved to adjourn. Seconded by Mr. Geo. R. Murphy. Carried by the following vote: Yeas—Chairman John K. Chalm- ers, Messrs A. M. Bennett, Carl A. Clark, M. R. Kane, Geo. R. Mur- phy. Nays—None. J. J. SHEA, Clerk, Board of Health. Approved Adopted Members o Boar* -15r Health Attest: ...+.... rt .r oard of Health. 46 Speciai Session, March 11th, 1938 City Council (Official) Special Session, March 11th, 1938 Council met at 4.45 P. M. Present—Mayor Chalmers, Coun cilmen Bennett, Clark, Kane, Mur phy, City Manager Rhomberg. Meeting called by order of Maym Chalmers and Councilman Kane. Mayor Chalmers read the call and stated that service thereof had been duly made and that this meet• ing is called for the purpose of considering Budget Item in the 1938-1939 Budget covering Visiting Nurses and acting on any other business as may properly come be. fore a regular meeting of the City Council. Councilman Bennett moved to suspend the rules for the purpose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Petition of J. J. Jacobson request- ing permission to erect a canopy extending over the sidewalk in front of the building which is be- ing remodeled for a theater on the corner of Tenth and Main Streets, presented and read by Attorney John G. Chalmers. Attorney John G. Chalmers ad- dressed the Council requesting that the prayer of the petition of J. J. Jacobson be granted. Councilman Murphy moved that the request be granted and the City Solicitor to be instructed to to pre- pare an ordinance covering the same. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Petition of Visiting Nurse Asso- ciation, requesting the City Council to reconsider the planned budget for the coming year and again in- clude the amount of $1,200.00 in the proposed budget for services ren- dered by the Visiting Nurse Asso- ciation nurses staff to the City of Dubuque, presented and read by Mrs. G. J. Timmerman. Mrs. Mar- tha M. Lattner, et al, addressed the Council requesting that their Petition be granted. Councilman Kane moved to re. fer the petition to the City Coun- cil. Seconded by Councilman Ben- nett. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Notice of Claim of Mrs. Mary Maguire in the amount of $13.50 for personal injuries received in falling on icy sidewalk on West 12th Street on the north side of the building occupied by a grocery store and meat shop on the cor- ner of 12th and Iowa Streets, pre- sented and read. Councilman Bennett moved to re- fer the Notice of Claim to the City Solicitor. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Notice of Claim of Ruth Robo- them in the amount of $500.00 for Personal injuries received in fall- ing on icy sidewalk in front of The Royal Cafe located at 16th and Central Avenue, presented and read. Councilman Bennett moved to re- fer the Notice of Claim to the City Solicitor. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett,, Clark, Kane, Murphy. Nays—None. Communication of J. A. Pye sug- gesting to the City Council that before deciding upon a recreation center that the property inside the City Limits at the West end of West 3rd Street and Dodge Street just south of Bennett Street, L. F. Baler, owner, be viewed, presented and read. Councilman Bennett moved to re- fer the communication to the City Council to view the grounds. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy, Nays—None Communication of Committee Tavern Owners' Association offer- ing objections as to the procedure in the case of granting beer per- mits at the meeting of March 7th, 1938, as per write-up in local Tele- graph -Herald dated March 8th, 1938, presented and read. Councilman Bennett moved to re- ceive and file the communication. Seconded by Councilman Kane. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Quit -Claim Deed of Benjamin Special Session, March 11th, 1938 47 Becke conveying the Westerly 25 fer the communication to the City feet of Lot 10 of the Sub. of Lot Council. Seconded by Councilman 3 of Min. Lot 319; the Westerly Kane. Carried by the following 25 feet of Lot 1 of Lot 1 of 'Min. vote: Lot 319; and the westerly 25 feet Yeas—Mayor Chalmers, Council - of Lot 2 of Lot 1 of Min. Lot 319 men Bennett,, Clark, Kane, Murphy. in the City of Dubuque, presented Nays—None. and read. Councilman Clark moved that the Councilman Bennett moved that following named persons be ap- the Quit -Claim Deed be accepted pointed to serve as Judges and and recorded with the County Re- Clerks of Election at the Regular corder and that a warrant in the Municipal Election to be held amount of $1.00 be ordered drawn March 28th, 1938. Seconded by on the City Treasurer in favor of Councilman Murphy. Carried by Benjamin Becke to cover the con- the following vote: sideration embodied in the Quit- Yeas—Mayor Chalmers, Council - Claim Deed. Seconded by Council- men Bennett, Clark, Kane, Murphy. man Murphy. Carried by the fol- Nays—None. 1 -owing vote: List of Judges and Clerks Yeas—Mayor Chalmers, Council- First Precinct—Judges: William men Bennett, Clark, Kane, Murphy. McClain, Bart Kane and Fred Nays—None. Schreiner; Clerks: Mrs. Vera Ham Communication of Karl J. Rhom- and Mrs. George Collinson. berg tendering his resignation as Second Precinct—Judges: Mrs. the Board of Education's member Nettie Lyon, Lois Marie Fox and on the Playground and Recreation Michael Cahill; Clerks: Mrs. M. Commission, presented and read. Kinsella and Mrs. Gus. Vath. Councilman Bennett moved that Third Precinct—Judges: Pearl action be deferred till a later meet- Hoerner, Marietta Duggan and ing of the City Council. Seconded John Sutton; Clerks: Mrs. Carrie by Councilman Kane. Carried by McGough and Mrs. Esther Byard. the following vote: Fourth Precinct—Judges: Chas. Yeas—Mayor Chalmers, Council- Stevenson,. Mrs. John Hedley and men Bennett, Clark, Kane, Murphy. W. S. Cooper; Clerks: Mrs. Lor- Nays—None. etta Powers and Mrs. Martha Hunt. March 7,• 1938. Fifth Precinct — Judges: Mrs. To the Honorable Mayor and City George Hohman, Stanley Meyer Council, and Mrs. Sadie Trader; Clerks: Dubuque, Iowa. Mrs. Margaret Lavery and Mrs. Gentlemen: I am submitting herewith reports of the City Audi- Ruby Steuck. Sixth Precinct — Judges: Fred tor, City Treasurer and City Water Mayer, Mrs. Hazel Yokom and Geo. Department for the month of Feb- Gruener; Clerks: Mrs. Lillian ruary, 1938, also list of claims and Fleege and Myrtle Westaby. list of payrolls for which warrants Seventh Precinct—Judges: Wal - were drawn during the month of ter Ellwanger, Ray O'Brien and Cora Wolfe; Clerks: Margaret February, 1938. Respectfully 4ubinitted, Mrs. Kelly and Mrs. Nina Spates. A. A. RHOMBERG, Eighth Precinct — Judges: Mrs. City Manager. Mayme McCraney, James W. Mil - Councilman Bennett moved that lin and Edith L. Wolfe; Clerks: the reports be received and placed Mrs. Jennie Starr and Esther L. on file. Seconded by Councilman Sanderson. Murphy. Carried by the following Ninth Precinct—Judges: D. J. vote: Colbert, John Sprenglemeyer and Yeas—Mayor Chalmers, Council- Emma Hinz; Clerks: 'i: therine E. men Bennett, Clark, Kane, Murphy. Linehan and Mrs. Edna Widdow- Nays—None. son. Communication of W. J. Connell, Tenth Precinct—Judges: Miss Director of Health, advising the Leona Palen, Edward Sc'.ineller and City Council that in order to en- Mrs. Pearl Zerneeke; Clerks: Mrs. able the Health Department to car- Teresa Birkett and Mrs. Hattie ry on their Communicable Disease Donatsch. Program as it should be carried on Eleventh Precinct—Judges: Pet - in an efficient manner that the pre- er Schiltz, Earl Jaeger and Carrie vious appropriations of $1,200.00 giv- Saunders; Clarks: Mrs. W. Zwack en to the Visiting Nurse Associa- Mrs. Frank Kurt. andTwelfth tion be made available for health Precinct Judges: Frank purposes, presented and read. Reynolds, Sam Muir and W. S. Councilman Clark moved to re- 48 Special Session, March 19th, 1938 Ludwick; Clerks: Mrs. Kate Ber- inger and Mrs. Helen Stansfield. Thirteenth Precinct — Judges: Ben Becke, Louis Meyer and Mar- tin Reldi; Clerks: Mrs. Freda Foell and Mrs. Hazel Johannsen. Fourteenth Precinct—Judges: Jo- seph Ott, Henry Moritz and Lucille Hertner; Clerks: Mrs. Lucille Pleimling and Mrs. Dorothy Bauer. Fifteenth Precinct—Judges: Ge!). Roepsch, May Bruning and Mrs. Augusta Healy; Clerks: Mrs. Rosa Fox and Helen Hohnecker. There being no further business, Councilman Clark moved to ad- Journ. Seconded by Councilman Kane. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, '.Murphy. Nays—None. J. J. SHEA, City Clerk. ApprovedO�.Q...,...1938. Adopted Qn1. A. -44Y.....1938. Attest: (V\ City Clerk.... #110t ,. City Council (Official) Special Session, March 19, 1938. Council met at 1:45 p.m. Present—Mayor Chalmers, Coun- cilmen Bennett, Clark, Kane, Mur- phy, City Manager Rhomberg. Meeting called by order of Mayor Chalmers and Councilman Kane. .Mayor Chalmers read the call and stated that service thereof had been duly made and that this meet- ing is called for the purpose of canvassing the petitions for nomin. ations for Councilmen and Park Commissioner to be voted on at the General Municipal Election to be held March 28, 1938, and acting on any other business as may proper. ly come before a regular meeting of the City Council. Councilman Bennett moved to suspend the rules for the purpose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Second- ed by Councilman Murphy. Car- ;. ed by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. The Ladies of the Mary Agard Tent, Daughters of Union Veterans of the Civil War, addressed the Council requesting permission for the holding of a Flag Tag Day on June 11, 1938. Councilman Kane moved that the request be granted. Seconded by Councilman Bennett. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Resolution No. 14-38 WHEREAS, petitions in legal form have been filed with the City Clerk of the City of Dubuque nom- inating candidates for the office of Councilman for the year commenc- ing on the first Monday of April, 1938, and for the office of Park Commissioner, and said petitions have been canvassed by the City Council of said City and found to contain the number of signatures of electors provided by law to en- title such persons for whom such Petitions have been filed to be candidates for the office of Coun- cilman and Park Commissioner and have their names printed on the Official ballots to be voted on at the regular municipal election to be held on the 28th day of March, 1938: NOW, THEREFORE, Special Session, March 19th, 1938 49 Be it resolved by the City Coun- Council. Seconded by Councilman cil of the City of Dubuque: Clark. Carried by the following That the City Clerk be and he is vote: hereby directed to place the names Yeas—Mayor Chalmers, Council - of the following named persons men Bennett, Clark, Kane, Murphy. upon the official ballots for the Nays—None. election referred to and for the Communication of Edward Stoltz, respective terms and offices to be Sr., offering his land located on filled at said election, to -wit: Highway No. 20 for sale to the City For Councilman, term comment- of Dubuque for playground pur- ing the first Monday of April, 1938: poses, presented and read. Karl Kenline, Lester J. Meyer, Wil- Councilman Kane moved to re- liam F. Miller, Bart C. Schmid, ceive and file the communication. Frank W. Thompson, Frank Van- Seconded by Councilman Murphy. Duelman, Albert Wharton, Frank Carried by the following vote: R. Zemanek. For Park Commis- yeas—Mayor Chalmers, Council- sioner: Waldo Adams. men Bennett, Clark, Kane, Murphy. Passed, adopted and approved this 19th day of March, 1938. Nays—None. JOHN K. CHALMERS, Communication of Buettell Broth - Mayor. ers Company requesting the inter - CARL A. CLARK, pretation of the State Law as the M. R. KANE, same applies to the sale of fire- GEO. R. MURPHY. works in the State of Iowa, pre - A. M. BENNETT, sented and read. Councilmen. Councilman Kane moved to refer Attest: J. J. SHEA, the communication to the City Soli - City Clerk. citor for an interpretation of the Councilman Kane moved the law. Seconded by Councilman adoption of the resolution. Second- Clark. Carried by the following ed by Councilman Clark. Carried vote: by the following vote: Yeas—Mayor Chalmers, Council- Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. men Bennett, Clark, Kane, Murphy. Nays—None. Nays—None. Communication of D u b u q u e Notice of Claim of A. L. Mutsch- Trades and Labor Congress re- ler in the amount of $8.00 for per- questing the City Council to join in sonal injuries received due to the extending an invitation to Honor - icy condition of walk in front of able William Green, President of 2439 Cherry street, presented and the American Federation of Labor, read. to attend the celebration of the Councilman Bennett moved to Fiftieth Anniversary of the exist - refer the Claim to the City Solici- ence of the Dubuque Trades and tor. Seconded by Councilman Mur- Labor Congress, presented and phy. Carried by the following vote: read. Yeas—Mayor Chalmers, Council- Councilman Kane moved that the communication be referred to men Bennett, Clark, Kane, Murphy. the Mayor to extend the invitation Nays—None. as requested. Seconded by Coun- Notice of Claim of Mary Welsh Gilman Clark. Carried by the fol- in the amount of $200.00 for per- in lowing vote: injuries received in fall on Icy sidewalk in front of Burke resi- Yeas—Mayor Chalmers, Council- dence on West Locust street on the men Bennett, Clark, Kane, Murphy. west side of said street near West Nays—None. 17th street, presented and read. Dubuque, Iowa, March 12, 1938. Councilman Murphy moved to re- fer the Claim to the City Solicitor. Dubuque City Council, Seconded by Councilman Clark. City Hall, Carried by the following vote: Dubuque, Iowa. Yeas—Mayor Chalmers, Council- Dear Sirs: men Bennett, Clark, Kane, Murphy. As the time is about ready to Nays—None. start the building season, we wish Communication of J. W. Lundin to take this opportunity to say that work is done in or submitting application for appoint- if any carpenter by your organiza- ment as a member of the Board of around Dubuque that this Local, with one hun- Review, presented and read. tion dred members, and its State and Councilman Kane moved to refer International affiliates, will do all the communication to the City 50 Special Session, March 19th, 1938 In our power to have the carpente work done by Union Carpenters. Respectfully yours, Local No. 678, United Brotherhoo of Carpenters and Joiners c America. Councilman Murphy moved tha the request be granted and th communication made a matter o record. Seconded by Councilmal Kane. Carried' by the following vote: Yeas—Mayor Chalmers, Council men Bennett, Clark, Kane, Murphy Nays—None. Ordinance No. 4-38 An Ordinance granting to Franl C. Luther, his successors and as signs, the right to construct an( maintain a canopy over a sidewall abutting Lot 1 of the Subdivisiof of Lot 2 of the Subdivision of Lot ] of the Subdivision of Lot 1 of the Subdivision of Lot 16 in Moun Pleasant Addition to the City o: Dubuque and prescribing the con dations of such permit, said ordi nance having been passed upon first and second readings on Marcl 7, 1938, presented and read a third time. ORDINANCE NO. 4-38. An ordinance granting to Frank C. Luther, his successors and assigns, the right to construct and maintain a canopy over a sidewalk abutting Lot I of the ofof the subdivision doflsion Lot 1 of o the of Lot I of the subdivision of Lot1c)subdivisionn Mount Pleasant Addition to the City of Dubuque and prescrib- ing the conditions of such permit. Be It ordained by the City Council of the City of Dubuque: Paragraph 647, Section 1. That Frank C. Luther, his successors and assigns, be and he Is hereby granted the right and authority to construct and maintain a canopy over the side - of wbdision alk abutting2 of the osubdi is onof the uof Lot 1 of the subdivision of Lot 1 of the subdivision of Lot 16 In Mount Pleas- ant Addition to the City of Dubuque, the same to be attached to the build- ing located upon said lot described as 1111 West 14th Street and con- structed over the entrance to the theater located thereon, said canopy tof'o he built under the supervision Ci ty of Dubuque. the Building Commissioner of the C Paragraph 648, Section 2. It is understood and provided that such right, license and permission is sub- Citjecto the continuous control of the City Council of this City, reserving the right to Impose restrictions or conditions upon the en,ioy,nent there- of as may be reasonably the protection of necessary for Includiththe public interests, rescinng e right to revoke and d 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 Council, said Frank C. Luther, his successors and assigns, shall re- move such canopy at his own expense attfl restore such part of the sidewalk as has been occupied thereby to the same condition it was in prior to the construction of such canopy. Paragraph 649 Section 3. This or- dinance shall be in force and effect ten (10) days from and after its filial passage, adoption and approval by the City Council and publication as provided by law and the rights here- under shall accrue to said Frank C. Luther, his successors and assigns, when the provisions hereof shall have been accepted by hien. Passed upon first and second readings this 7th day of March, 1938. Passed, adopted and approved upon final reading this 19th. day of March, 1938. JOHN K. CHALMERS. CARL A. CLARK. Mayor. M. R. BANE. GEO. R. MURPHY. A. M. BENNETT. Attest. J. J. SHEA Councilmen. City Clerk. Acceptance by Frank C. Luther. Frank C. Luther does hereby accept the terms, provisions and conditions of the ordinance adopted by the City Council of the City of Dubuque de- signated as 'Ordinance No. 4-38. An ordinancegranting to Frank C. Luther, his successors and assigns, the right to construct and maintain a canopy over a sidewalk abutting Lot 1 of the subdivision of Lot 2 of the subdivision of Lot 1 of the sub- division of Lot 1 of the subdivision of Lot 16 in Mount Pleasant Addition to the CIty of Dubuque and prescribing the conditions of such permit" this 21st day of March, 1938. FRANK C. LUTHER. Published officially in the Telegraph - Herald newspaper, March 22nd, 1938. 3 -22 -IT. J. J. SHEA, Councilman Bennett Cmo edrk. the adoption of the ordinance. Second- ed by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Ordinance No. 5-38 An Ordinance granting to Clem J. McGuire, his successors and as- signs, the right to construct and maintain an unloading platform in the alley abutting City Lots 752 and 753 and prescribing the condi- tions of such permit, said ordi- nance having been passed upon first and second readings on March 7th, 1938, presented, and read a third time. ORDINANCE NO. 5-38. An ordinance granting to Clem J. McGuire, his successors and assigns, the right to construct and maintain sn unloading platform in the alley abutting City Lots 752 and 753 and )rescribing the conditions of such per- mit. Be it ordained by the City Council If the City of Dubuque: Paragraph 650, Section 1. That gem J. McGuire, his successors and heIsslgrigh t and authe and he ority to construct talyittgtlos7dn he maintain an Special Session, March 19th, 1938 51 753, such unloading platform to be 2 feet, 6 inches in width and 20 feet in Wngth, the same to be used in con- nection with the operation of the busi- ness of said Clem J. McGuire, said structure to be built under the super- vision of the Building Commissioner of the City of Dubuque. Paragraph 651, Section 2. It is un- derstood and provided that such right, license and permission to use such alley is subject to the continuous control of the City Council of this City, reserving the right to impose restrictions or conditions upon the enjoyment thereof as may be reason- ably necessary for the protection of the public interests, including the right to revoke and rescind such per- mission if at any time the public in- terests should require such revoca- tion. If and when such permit, right and license is revoked by the Coun- cil, said Clem J. McGuire, his suc- cessors and assigns, shall remove such unloading platform at his own ex- pense and restore such part of the alley as has been occupied thereby to the same condition it was in prior to the construction of such platform. Paragraph 652, Section 3. This or- dinance shall be in force and effect ten (10) days from and after its final passage, adoption and approval by the City Council and publication as provided by law and the rights hereunder shall accrue to said Clem J. McGuire, his successors and as- signs, when the provisions hereof shall have been accepted by said Clem J. McGuire. Passed upon first and second read- ings this 7th, day of March, 1938. Passed, adopted and approved upon final reading this 19th. day of March, 1938. JOHN K. CHALMERS. Mayor. CARL A. CLARK. M. R. KANE. GEO. R. MURPHY. A. M. BENNETT. Councilmen. Attest: J. J. SHEA. City Clerk. Acceptance by Clem J. McGuire. Clem J. McGuire does hereby accept the terms, provisions and conditions of the ordinance adopted by the Cit)' Council of the City of Dubuque de- signated as "Ordinance No. 5 —38. An ordinance granting to Clem J. McGuire, his successors and assigns, the right to construct and maintair an unloading platform in the alley abutting City Lots 752 and 753 ane prescribing the conditions of suet' permit' this 21st clay of March. 1935 CLEM J. McGUIRE. Published offlcially in the Tele graph -Herald newspaper, March 22nd 1938. .T. J. SHEA. 3-22-1T. City Clerk. Councilman Bennett moved th, adoption of the ordinance. Second ed by Councilman Murphy. Carrie by the following vote: Yeas—Mayor Chalmers, Counci. men Bennett, Clark, Kane, Murph3 Nays—None. Resolution No. 15-38 BE IT RESOLVED by the Cit Council of the City of Dubuque tha the following, having complied wit' the provisions of law relating t .he sale of cigarettes within the "ity of Dubuque, be granted per - nits to sell cigarettes and cigarette gapers within said city and the Manager is directed to issue such ?ermits on behalf of said City. H. Manders & Son, 2003% Wash- ngton St. The Service Club, 951% Main St. BE IT FURTHER RESOLVED that the bonds filed with the appli- cations be approved. Passed, adopted and approved this 19th day of March, 1938. JOHN K. CHALMERS, Mayor. CARL A. CLARK, M. R. KANE, GEO. R. MURPHY, A. M. BENNETT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kane moved the adoption of the resolution. Second- ed by Councilman Bennett. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Resolution No. 16-38 WHEREAS, application for Beer Permit has been submitted to this Council for approval and the same has been examined: NOW, THERE- FORE, BE IT RESOLVED by the Coun- cil 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. CLASS "B" PERMIT Hubert M. Fishbach (new), 1255 Central Ave. Passed, adopted and approved this 19th day of March, 1938. JOHN K. CHALMERS, Mayor. CARL A. CLARK, M. R. KANE, GEO. R. MURPHY, A. M. BENNETT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Bennett moved the adoption of the resolution. Second- ed by Councilman Clark. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Resolution No. 17-38 WHEREAS, heretofore applica- tions were filed by the within named applicant for Beer Permits 52 Special Session, March 19th, 1938 and they received the approval of this Council: and WHEREAS, the premises to be occupied by them have been in- spected and found to comply with the ordinances of this City and they have filed a proper bond. NOW, THEREFORE, BE IT RESOLVED by the Coun- cil of the City of Dubuque that the Manager be and he is hereby di- rected to issue to the following named person a Beer Permit. CLASS "B" PERMIT Hubert M. Fishbach (new), 1256 Central Ave. BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 19th day of March, 1938. JOHN K. CHALMERS, Mayor. CARL A. CLARK, M. R. KANE, GEO. R. MURPHY, A. M. BENNETT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Clark moved the adoption of the resolution. Second. ed by Councilman Bennett. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Ordinance No. 6-38 An ordinance granting to George A. Burden, Viola Rider Burden, Cornelia Rider Possart, Frances Rider Lee, Viola Burden James, George R. Burden, Ellen Rider Knowlton, heirs at law of Sam P. Rider, deceased, J. M. Burch Jr. and W. M. Kretschmer, trustees under the Will of Sam P. Rider, deceased, and J. J. Jacobson, Les. see, their successors and assigns, the right to construct and main- tain a canopy over the sidewalk abutting the north 40 feet of Lot 36A in the City of Dubuque, Du. buque County, Iowa, and prescrib. Ing the conditions of such permit, presented and read. Councilman Clark moved that the reading Just had be considered the first reading of the ordinance. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Chalmers, Council. men Bennett, Clark, Kane, Murphy. Nays—None. Councilman Clark moved to sus - Pend the rules requiring an ordi. nance to be read on three separate days. Seconded by Councilman Ben- nett. Carried by the following vote: Yeas—Mayor Chalmers, Council. men Bennett, Clark, Kane, Murphy. Nays—None. The ordinance was then read a second time. Councilman Clark moved that the reading just had be considered the second reading of the ordinance. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Chalmers, Council. men Bennett, Clark, Kane, Murphy. Nays—None. Ordinance No. 7-38 An ordinance amending an or. dinance entitled: "Ordinance No. 3-34. An Ordinance to provide for the comprehensive zoning of the City of Dubuque and to regulate and restrict the location and use of buildings, structures, and land for trade, industry, residence or other Purposes; to regulate and restrict the height of buildings hereafter erected or altered; to regulate and determine the area of yards and other open spaces about buildings; to regulate and determine the den. sity of use of land and lot areas and for that purpose to divide the City into districts; to provide for a Board of Adjustment and the order- ly enforcement of the regulations hereof; repealing all ordinances or parts of ordinances in conflict herewith; and designating this or- dinance as 'The Zoning Ordinance of the City of Dubuque'," by repeal- ing Subdivision (d) of Article Il relating to the location of filling stations and public garages and enacting a substitute therefor; and also by repealing the definitions of Public and storage garages as con- tained within Article X and enact- ing substitutes therefor, presented and read. Councilman Kane 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 Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Councilman Kane moved to sus- pend the rules requiring an ordi- nance to be read on three separate days. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. cial Session, March 19th, 1938 53 The ordinance was then read a second time. Councilman Kane moved that the reading just had be considered the second reading of the ordinance. Seconded . by Councilman Clark. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Verbal report of City Manager Rhomberg and City Solicitor Czizek recommending that the City of Dubuque pay 50% of the bill of Seubert & Fesler, plumbers, for the making of repairs to the sani- tary sewer connection on the pro- perty owned by Estelle Looney and located at 330 Bryant street on Lot 1 of Columbia Addition and also that the City replace the pavement after the plumber refills the trench, presented. Councilman Kane moved that the recommendation of City Manager Rhomberg and City Solicitor Czizek be approved and that a warrant in the amount of $63.56 be ordered drawn on the General Fund in favor of Seubert & Fesler, plumb- ers, to cover the cost to be borne by the City of Dubuque in the re- pair of said sewer connection. Sec- onded by Councilman Clark. Car- ried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Bids for the purchase of the City owned property located at 1801 Prescott Street: Bid of Ernest P. Breithaupt in the amount of $275; Bid of Mrs. John S. Brown in the amount of $250.00; Bid of Frank J. Oneyear in the amount of $225.00. City Manager Rhomberg recom- mending that the bid of Ernest P. Breithaupt in the amount of $275.00 for the purchase of the City owned property located at 1801 Prescott Street be accepted. Councilman Kane moved that the recommendation of City Manager Rhomberg be approved and that the bid of Ernest P. Breithaupt in the amount of $275.00 be accepted. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. There being no further business Councilman Kane moved to ad- journ. Seconded by Councilman Alurphy. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. J. J. SHEA, City Clerk. Approved 8. Adopted %�l p(i� 1938. /... i......�� Councilmgri: �.. ...........................` Attest: City Clerk. Special Session, March 22nd, 1938 CItyOu C il practically a complete break down in our work. To be specific, 3333 of the 5,756 cases reported in 1935 were in January and February. At (Official) that time we had a staff of 13 Visit. Special Session, March 22, 1938. int, Nurses, 4 school nurses, 3 WI':� Council met at 7:40 P.M. nurses, 4 WPA clerks, besides the Present—Mayor Chalmers, Coun- Health Director and the Health De- cilmen Bennett, Clark, Kane, Mur- partment stenographer. phy, City Manager Rhomberg. At the present time, unless extra Meeting called by order of Coun- help was to be employed during a cilmen Kane and Clark. severe epidemic, we would have Mayor Chalmers read the call only 4 school nurses, 1 WPA clerk, and stated that service thereof had besides the Health Director and been duly made and that this meet• stenographer to cope with the situa- ing is called for the purpose of con- tion. The amount of clerical work ducting a public hearing on the necessary on each case of commun- Annual Budget for the fiscal year icable disease is considerable. Usu- April 1, 1938 and ending March 31, ally the case is reported by tele - 1939, and acting on any other busi- phone to the Health Department, ness as may properly come before then the clerk reports the case by a regular meeting of the City Coun- phone to the V. N. A. office. The cil. visiting nurse then visits the home Councilman Kane moved to sus- and obtains a complete history of pend the dules for the purpose of the case. When the card is returned allowing any one present in the to our office, the clerk sends a Council Chamber, who wishes to notice of quarantine to the school do so, to address the Council. Sec- and makes a complete record in our onded by Councilman Clark. Car- ried by the following vote: books. She then makes out a his. Yeas—Mayor Chalmers, Council- tory card to be sent to the State Department of Health. At the men Bennett, Clark, Kane, Murphy. Nays—None. end of the week she makes out Verbal request of the Auxiliary cards for the State Health Depart - ment of the General Fitzhugh Lee Camp and U. S. Public Health Ser. of United Spanish American War vice, when the case is dismissed she sends a notice of release to the Veterans for permission to hold a tag day on May 7, 1938, school. We estimate that each case presented. Councilman Murphy moved that means from 3 to 4 telehpone calls. the request be granted. Seconded by Councilman Clark. In 1935 it was necessary to have an extra phone installed. These Carried by the following vote: details are brought to your atten- Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, tion to illustrate how it would be impossible for either the office help Murphy. Nays—None. or the school nurses to do the Communication of Shiloh Circle, necessary work as in 1935. As a matter No. 37, Ladies of the Grand Army of fact, if the nurses had to Of the Republic requesting permis- sion for the holding do all the placarding they would have very little time to spend in of atag day on Ma.y 21, 1938, presented and the schools inspecting children for read. Councilman Murphy contagious disease. moved that the request be granted. Seconded by Another very important problem Councilman Bennett. Carried by the following confronting us is the fact that the nurses are vote: Yeas—Mayor Chalmers, only employed for 10 months, and unless proper provi- men Bennett, Clark, Council- Nays --None. Kane, Murphy. sion is made we would have no nurses on duty during July and March 18, 1938. To the City Manager August. It is quite true that I have cited and City Council, Dubuque, conditions which fortunately do not Iowa. Gentlemen: exist ever Y Year. However, this city will I wish to bring to our the subject attention probably experience an epidemic of Measles this year, the last of contagious control. The neconta disease one occurring in 1935. Measles Usuallyoccur in 3 Ing the y of eliminat- V. N. A. has problem produced Year cycles. I therefore recommend for your a of considerable once to your Health consideration that the $1,200.00 formerly De aimport- If conditions January toy and similar Paid to the V. N. A. be appropriated for Health Depart - ment Februa were to occur today there of 1935 purposes to be used in em - ploying would be extra help either clerical or nursing when the need arises. Special Session, March 22nd, 1938 55 I might also add that in times of severe epidemics that even this amount may not be sufficient. Respectfully submitted, W. J. Connell, Director of Health. councilman Kane moved that the communication of W. J. Connell, Director of Health, be made a mat- ter of record. Seconded by Coun- cilman Clark. Carried by the fol- lowing vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Councilman Kane offered the fol- lowing: Resolution No. 18-38 WHEREAS, the budget of pro- posed expenditures for the fiscal year beginning April 1, 1938, and ending March 31, 1939, makes no provision therein for the control of contagious diseases, for which pur- pose the sum of $1200.00 had, in previous years, been appropriated and expended by the Visiting Nurse Association; and WHEREAS, it is deemed neces- sary and advisable by the Council to make provision in and budget for such purpose, but in order to do so it is necessary to correct said bud- get, as heretofore proposed and published, in order that said omit- ted expenditures may be provided for therein: Now, therefore, Be is resolved by the City Coun- cil of the City of Dubuque that the budget of expenditures for the fis- cal year beginning April 1, 1938, and ending March 31, 1939, be and the same is hereby amended as follows: (1) By including in Group III under the title "Health and Sani- tation" the following: "Item 126—Control of contagious diseases, $1200.00." (2) By changing the amounts shown under -the head of "Emer. gency and Reserve" as follows: "Reserve in general miscellan- eous revenues ..........................$184.50 Payment of General Fund War- rants for 1936-37 W. P. A. projects and new swimming pool, $16,000." Passed, adopted and approved this 22nd day of March, 1938. JOHN K. CHALMERS, Mayor. CARL A. CLARK, M. R. KANE, GEO. R. MURPHY, A. M. BENNETT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kane moved the adoption of the resolution. Sec- onded by Councilman Bennett. Car- ried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Communication of Dubuque Re- creation Commission advising the City Council that they would be willing to accept the Dubuque Ath- letic Field and the responsibilities connected therewith in the event either that the City Council repair the grandstands and the bleachers or that they allot the Recreation Commission a sufficient additional fund to adequately repair the grand- stands and the bleachers to make same safe for the general public's welfare, presented and read. Councilman Bennett moved that the communication be received and filed. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Councilman Clark moved that the City Manager be instructed to cooperate with the Recreation Com- mission in the making of whatever repairs are necessary in order that the grandstands and bleachers at the Dubuque Athletic Field be made safe for the welfare of the general public. Seconded by Coun- cilman Bennett. Carried by the fol- lowing vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Proof of publication, certified to by the publishers, of the notice of a public hearing on the proposed An- nual Budget for the fiscal year of April 1, 1938 to March 31, 1939, pre- sented and read. There being no objections filed to the proposed Annual Budget Councilman Bennett moved to re- ceive and file the proof of publica- tion. Seconded by Councilman Mur- phy. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy- Nays—None. 56 Special Session, March 22nd, 1938 OFFICIAL NOTICE OF THE PROPOSED ANNUAL CBUDGET PREPARED BY THE CITY MANAGER AND ITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, FOR THE FISCAL YEAR, 1938-1939. Notice is hereby given that the City Manager of the City of Dubuque has prepared a budget on the basis drtments oof estimates Of f said City for tthe he efiscalevarious year beginningApra1, 1938, timat sdshow expensech 31 s of each departmeand such nt a for the ] es- pre - ceding year in addition thereto, the City Council has ear on the caused of estimates of thet for expenses of fiscal of the several departments of said City, such estimates showing there - In 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 for miscellaneous sources, the apportionment of the consolidated tax levy having here- tofore 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 22nd day of March, 1938, at 7:30 o'clock p. m. Any taxpayer objecting thereto or pro- testing 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, City Clerk. PROPOSED BUDGET FOR THE CITY OF DUBUQUE. IOWA, FOR THE FISCAL YEAR 1938-39 Distribution of Consolidated Tax Levy Agricultural Tax ___....._._._.___. .___...$ 104.00 General Fund _ .____________...._..._._._. 177,108.00 $177.212.00 Grading Fund _. .... _......... _.._._.._._...__.......____ 5,000.00 Improvement Fund _._..__....._..._.._. __.... 6,000.00 Sewer Fund _ _ ___ _._._.__..__.....__._._.._ 1,744.00 Light Fund 49,572.00 Total SOURCES OF REVENUE FOR 1938-39 FISCAL OPERATION A—From Taxes and Moneys and Credits Levy Regular Moneys and Funds— in Mills Tax Credits Total '$ 104.00 Consolidated ..........7.000 $234,133.00 $ 5,291.00 $239,424.00 Bond lbterest ._------- 1.361 45,522.00 1,029.00 46,551.00 Bond Retirement _..__ 2.632 88,034.00 1,989.00 90,023.00 Fire Maintenance ._ 3.200 Fire Equipment 107,032.00 7,492.00 2,419.00 109,451.00 -0.224 Garbage Disposal & 169.00 7,661.00 Street Cleaning ._0.500 Park 16,724.00 378.00 17,102.00 ..........................0.625 Police Pension ___.0.263 20,905.00 8,797.00 472.00 21,377.00 199.00 8,996.00 Fire Pension .......... 0.497 16,623.00 376.00 16,999.00 Librar Y _ __....0.783 Library Building 26,189.00 �• 41.00 592.00 26,781.00 _.0.472 Main Sewer ........... .0.332 Playground and 15,787.00 11,105.00 367.00 16,144.00 251.00 11,356.00 Swimming Pool _._.0.305 Dock 10.302,00 233.00 10,535.00 .........................0.372 Dock Bond 12,442.00 281.00 12,723.00 and Interest ......0.925 Airport 30,939.00 699.00 31,638.00 __ ...._._.. 0.020 Emergency 669.00 15.00 684.00 ........• ,0.331 --- 11,071.00 250.00 11,321.00 Subtotals ...........r -l- . 545 Road Tax nn Agri- --_ $663,766.00 $ 15,000.00 cultural Lands (C so.) *104.00 Library Tax on A g rl c u Itural Lands ...s and........... Total Money '41.00 Credits .......... 15,000.00 Grand Total Recelnts in August, 1937 from Taxes as Levied ................. The ahnve estimate ,911.00 Is based value of $33,447,569. 00, which is the 1938-39 operation on a revts d67taxahle assessed valupon ue nmannts to $6,63,766.00, which the value for 19.845 mills on said equal to $15,000.00, plus plus taxes Moneys and Credits on agricultural lands equal Special Session, March 22nd, 1938 57 to $145.00, totaling $678,911.00, as obtained from the County Auditor. LIBRARY FUND The millage for 1937-38 operation was 19.976 mills on a taxable valuation (100%„ of assessed value) of $32,246,517.00 amounting to $644,106.00, plus Moneys and Credits of $15,007.00, plus taxes on agricultural lands of $131.00, totaling $659,294.00. 1,291.00 B—From Miscellaneous Sources, 1938-39 General Misc. Estimated Balance April 1, 1938 ..... _..... $ Revenues DogLicenses .... ........___...._..._.... _.......... _.._...... ..... _..._..._.__....$ 1.200.00 BeerPermits ..... _.._... _..... ............. _........... ..._._.._...__..._._.._.... r 15.500.00 BusinessLicenses ._.. .......................... ... .--..._.... _.............. _.___....__ 4,000.00 Cigarette Licenses ........._.._....__.._... ..... __...__................ ...... 12.000.00 8,500.00 Police Court Returns ............ ._.__..._...._.._...._............ _... _......... 400.00 ScaleFees ........._......_._.._..__....._....._......__.__.._._ __..._. ._.__ Ambulance Fees .......... _... .....____.-..__.__. 1,000.00 Franchise Tax _.._. ........ .__ ------- ---- ._....... ____.....__ .__.__ . _ 600.00 BuildingPermits _.._ ........................ ._.......... ___....._.____...___ 1,800.00 Electrical Permits ......... ...................... _..._............._._....._........_._._ 1,600.00 PlumbingPermits ..... ..... _.._......................... ...__-...-.........__..._ 1,400.00 Excavation Permits .......... _.......... ................ _..._..___----- _........_---- 100.00 Miscellaneous Rentals _ ............. ...... ....... .._....... ............... ._........... _ 1,400.00 MilkInspection Fees ..........._ . .............. _... .............. _.._........... _._ 1,500.00 Garage Service to water Department b00.00 State Highway Maintenance ._...__..._.._.........._.._.__.._.._..__ 3,255.00 DanceHall Permits .... _...... _.... _.................... _ ..... ..... _.... ................ 200.00 Dieting Prisoners 100.00 Filling Cisterns ..... _.._......... ................ _........... _._...._.._..-._.__.._----- _._ 300.00 Swimming Pool Receipts .... _.... _............. _. ........ _.._................... 5.000.00 Highway Department Charges ......... _... ......... ....... ......... ...... 1,500.00 Board of Education (Nurse) ....._._.._. ... ___............_........ 1,250.00 Miscellaneous Sales ...... ....... _._............. _.._..._......... ._..... _........ _ 800.00 General Miscellaneous Receipts .................................. 95.00 Total General INfiscellaneous Revenues ........... _...... _$64,000.00 LIBRARY FUND _.__._..... `Wharfage Fees 4,500.00 Harbor Rentals, Leases, Etc...__......_.._ 1,000.00 $ 8,000.00 Estimated Balance April 1, 1938.........$ 291.00 Revenues ...... __................_......__._._..._....._......_ Total Taxes, Moneys and Credits Fines, Book Rentals, etc.. ................. 1,000.00 1,291.00 PARK FUND Estimated Balance April 1, 1938...........$ 20,000.00 Estimated Balance April 1, 1938 ..... _..... $ 1,669.08 Concession Receipts ....._...._..___........ ........ 175.00 Miscellaneous Collections ................ _...... _151.92 250.00 Street Tree Forestry...__ .............._......._........_ _ $ 2,246.00 PLAYGROUND AND SWIMMING POOL FUND Board of Education (Playgrounds)... 2,000.00 Skating Receipts ...................... ._.................... 200.00 200.00 Athletic Field Fees ___ .............. _........ .......... $ 2,400.00 DOCK FUND Estimated Balance April 1, 1938..........$ 2,500.00 _.__._..... `Wharfage Fees 4,500.00 Harbor Rentals, Leases, Etc...__......_.._ 1,000.00 $ 8,000.00 Total Estimated Miscellaneous $ 77 937.00 Revenues ...... __................_......__._._..._....._......_ Total Taxes, Moneys and Credits 678,911.00 Total Estimated City Revenue...... $756,848.00 WATER WORKS DIVISION Estimated Balance April 1, 1938...........$ 20,000.00 Estimated 1938-9 Water Operation 159,612.52 Revenue _ ... ....... _..._.___..___......__._ Total Estimated Water Opera- $179.612.52 tion Balance and Revenue.._.__..._ EstimRevenues, Wateed r tCity and Dock $936,460.52 Divisions CITY OF DUBUQUE, IOWA, APPROPRIATIONS FOR THE FISCAL MARCH YEAR, P1939 RIL 1, 1938 TO GROUP [—GENERAral ADMINISTRATION (Geneitem 101—City Council 1937-8 Proposed 1938-9 Appropriations Appropriations 175-00 B. Travel _ ...... _.... _._...._ ................ 175.00 25.00 $ 25.00 .J. Miscellaneous •-••—••----- _ TOTALS _ .... _.......... ..................... ._.............$ 200.00 $ 200.00 Item 102—City Manager's Office 4 400-00 A. Salary City Manager (800)'$4,800I� �$ 1,800.00 A. Salary Secretary . 1 440.00 1,440.00 A. Salary Stenographer ........••••• 58 Special Session, March 22nd, 1938 B. Travel .._.....-•.-_••--.-•••---•-••--•- 100.00 100.00 C. Office ..... _................ __.125.00 125.00 D. Printing --••--__ _._..__ _ .. 15.00 16,00 F. Maintenance __._.._....._._.__._._ 200.00 200.00 G, Material and SupDliea.............. 325.00 325.00 I. Insurance on Car...._______.__ 36.00 TOTALS............. _..... _....... __.._..___._....$ 9,040.00 $ 8,405.00 Item 103-City Clerk's Office A. Salary City Clerk .._._.____...__$ 2,400.00 $ 2,400.00 G. material and Supplies _._._..._ 75.00 76.00 TOTALS __._.__.__..____.______.__....$ 2,475.00 $ 2,475.00 Item 104-City Auditor's Office A. Salary City Auditor (80%n)_'$ 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 (8W) 1,920.00 •$ 1,920.00 A. Salary Stenographer (One-Half Time) _.._......... --- 500.00 500.00 D. Printing and Advertising_..._._ 25.00 25.00 F. Maintenance .............................. 25.00 25,00 G. Material and Supplies 100.00 150.00 I. Surety Bond ___. .____..__.._._ 55.00 60.00 TOTALS -i,625-00 $ 2,670.00 (• Note: 20% of Salaries of City Manager, City Auditor and City Treasurer are paid directly by Water Dept.) Item 106-City Solicitor's Office A. Salary City Solicitor-.------.$ 4,050.00 $ 4,050.00 B. C. Travel ____ _______..._._ 40.00 Office _.______._40.00 40.00 40.00 G. Material and Supplies.............. 85.00 85.00 TOTALS..._._..... -_.._.___.._.._._..... $ 4,215.00 $ 4.215.00 Item 108-Board of Review A. Salary City Assessor _.._._._._ $ 1,200.00 A. G. Salaries 3 Asst. Assessors_. 900.00 Material and Supplies_ J. 20.00 Board of Review _1,200.00 600.00 TOTALS _ _......... $ 3,320.00 $ 600.00 Item 109-Civil Engineer's Office A. A. Salary City Engineer _ ___$ 3,000.00 Salary Asst. $ A. Engineer_._- 2,100.00 Salary Draftsman A. B. _ _ _ 2,220.00 Salary Rodman ._ 100.00 __.__"""- Travel 1,600.00 C. _ Office 36.00 ; E. ____._...__~,�. 10.00 Equipment 10.00 F. _.____ 60.00 Maintenance b0.00425.00 G. 1• Material and Supplies _ _.._�400.00 Insurance on 2 Cars 500.00 500.00 .................... 45.00 TOTALS Item 113-Cit _.n...._._�._ 8,385.00 $ 2,660.00 A• G• Salaries Clerks, Etc. _ _..-_ Material and Supplies $ 500.00 J. _ Rents ._. .,_._. ....__. 400.00 "`._ TOTALS........... 60.00 ....................... Item 114-City Buildings $ 950.00 A. E. Salaries Janitors Equipment (Boiler) "'"$ 1,890.00 $ 11890.00 F. G. Maintenance -- 200.00 1,700.00 H• Materialand Suppli" 700,00 Hes eat and Light 700.00 1,000.00 1• ___.._es �:_- Insurance 2,900.00 2,900,00 _ 750.00 TOTALS Item 115-police Court �^ $ 7'150.00 $ 81190.00 A. G• Salary Police Judge Material and Supplies'...... 1,500.00 $ 11500.00 15.00 TOTALS ._.... --- 15.00 G• _........ Item 116- _ _ _ ..­­ ._ .$ 1,515.00 Civil Service $ 1,615.00 J. Material and Commission Supplies Miscellaneous „_._-___$ 15.00 $ 50.00 Subtotals....' TOTAL$ 10.00 �- 60.00 Administration p 1 ^•• ••••••.. Genera1­ ­ $ 25.00 $ 100.00 __... _............. $41, 060.00 $33,990.00 .4 Special Session, March 22nd, 1938 59 GROUP II -PROTECTION OF LIFE AND PROPERTY Item 118 -Police Department (General Fund and Misc. General Revenues) Rate Per Mo. A. Salary Chief Of Police .................. $ 3,000.00 ( 1) 1ni $250.00 $ 3,000.00 A. Salary Senior Captain (1) _-- 2,100.00 ( 1) 0 $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) @ $160.00 '1,200.00 A. Salaries Desk Sergeants (3) ._ 6,220.00 ( 3) 0 $145.00 5,220.00 A. Salaries Motor- cyclists (2) ............ 3,480.00 ( 2) (P $145.00 3,480.00 A. Salaries Patrolmen (24) 40,320.00 (25) W $140.00 42,000.00 (After First Year) A. Salaries Patrolmen (1) 11500.00 ( 0) '0 (During 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 ...... ......... _..... _ 425.00 426.00 D. Printing .............. 80.00 50.00 E. Equipment .___..._._ 1,400.00 11000.00 F. Maintenance »..._ 2,300.00 2,200.00 G. Material and Supplies .... .__.......... 2.700.00 2,700.00 I. Insurance ............. 215.00 J-1. Feeding Prisoners 900.00 900.00 J-2. Miscellaneous (Injuries) .............. 360.00 300.00 TOTALS _............ ... $ 77,470.00 $ 76,845.00 Item 119 -A -Fire Department Maintenance Fund A. Salary Fire Chief ..... __......... _..._$ 2,760.00 ( 1) 0 $230.00 $ 2,760.00 A. Salaries Senior Captains (2)...... 3,960.00 ( 2) 0 $166.00 3,960.00 A. Salaries Captains (5) 91300.00 ('5) @ ($155.00 9,300.00 A. Salary Driver - Mechanic (1) ..... _... _ 1,980.00 ( 1) Cq $165.00 1,980.00 A. Salaries Lieutenants (7) 12,180.00 ( 7) 0 $145.00 12,180.00 A. Salaries Engineers (4) _ 6,960.00 ( 4) (a1 $145.00 6,960.00 A. Salaries Firemen (35) . 5*800.00 (34) 0 $140.00 57,120.00 (After First Year) A. Salaries Firemen (2) _. 3,000.00 ( 2) 0 $125.00 3,000.00 (During First Year) B. Travel _.............. _._ 50.00 50.00 C. Office .................. 500.00 650.00 35.00 D. F. Printing _..._.__.. 26.00 'Maintenance .... 2,400.00 2,300.00 G. Material and Supplies ........__..._ 2,700.00 2,700.00 H. Heat, Light....._. 3.300.00 3.300.00 P. Insurance .......... ._ 340.00 200.00 J-1. Miscellaneous (Injuries) .............. 1,000.00 1.200.00 J-2. Interest on Warrants ..._........ 160.00 160.00 J-3. Reserve for Emergency _..._ 1,128.00 1,b96.00 TOTALS _.............. $110,543.00 $109,451.00 Item 119 -B -Fire Equipment Fund E. Fire Equipment ....... ....... ............ _.._.._$12,374.00 $ 7,661.00 Item 120 -Fire and Police Alarm (General Fund) A. Salary City Electrician. -__1 1,950.00 1,800.00 $ 1,950.00 1,800.00 A. Salary Asst. laity Electrician._ 100.00 100.00 A. Salary Extra Help ...__......_..........._. 100.00 100.00 C. E. Office ....._.._.._......_....._._._..._._.._._..._........ Equipment . .................. 150.00 150.00 F. .......... Maintenance _..-•- ...... __._......... _.... 150.00 200.00 160.00 200.00 G. H. Material and Supplies ..... _........ Heat, Light and Power.._....__.. 28040.0000 200.00 I. Insurance on Building _... ........ TOTALS ........................................$4,734.00 $ 4,650.00 Item 121 -Building Commissioner's Office (General Fund and Misc. General Revenues) 60 Special Session, March 22nd, 1938 A. Salary Building Commissioner _...... ..... ............... ._$ 2,400.00 •$ 3,000.00 A. Salary Stenographer (20% Time)_-.._......._..._.__....._...... 200.00 200.00 C. Office ........................................... 25.00 25.00 F. Maintenance _.___._.._....... _..... ___ 80.00 150.00 G. Material and Supplies ............ 50.00 100.00 I. Ihsurance on Car __----- .._-.. 25.00 TOTALS.... _............. _....... ......... ........ _...$ 2.780.00 $ 3,475 p0 (General Fund-$1,675.00; Fees $1,800.00) (• Note: Includes Civil Engineering Duties). Item 122-Plumbing Inspector's Office (General Fund and Misc. General Revenues) A. Salary Plumbing Inspector._$ 2,160.00 $ 2,160.00 A. Salary Stenographer (15% Time) - --- _..---- 160.00 150.00 C. Office _.__._._.__..__._.._._._......_.._..... 25.00 25.00 D. Printing ............. _._............. _.__-._.._ 15.00 16.00 G. Material and Supplies.............. 25.00 50.00 J-1. Plumbing Board _... _........ ....... _.._.._ 30.00 30.00 TOTALS _.__._...___......_.._...._.......... $ 2,405.00 $ 2,430.00 (General Fund-$830.00; Fees-$1,600.00) Item 123-Electrical Inspector's Office (General Fund and Misc. General Revenues) A. A. Salary Electrical Inspector...$ 2,220.00 Salary Stenographer $ 2,'120.00 C. (15% Time) ._ ___......._._150.00 Office .__._._._...__.._ .._______......_ 26.00 150.00 25.00 D. F. Printing _._..___...___._.............. -_ 16.00 Maintenance _..___... -.._ _ .__ 175.00 15.00 175.00 G*Material I, and Supplies ..._ 100.00 Insurance 100.00 -. ....-....__._.._ 25.00 TOTALS.........._........__....._.___.__...-$ 2.710.00 (General Fund-$1,286.00; $ 2,685.00 Fees-$1,400.00) Item 124-Dog Pound (Misc. General Revenues) J. Enforcement Dog Ordinance...$ 300.00 Subtotals Group II, Protection S 150.00 of Life and Property....-.__$213,316.00 $207.347.00 GROUP III-HEALTH AND SANITATION Item 125--Health Operation (General Fund) (Partie800.00 Salary A. A. Sanitary Inspector-_ 1,450.00 Salary Clerk $ 1,450.00 A. A. ..- ....... _........ ..... 1.080.00 Salary Restaurant Inspector 900.00 Salary Head School Nurse__ 11080.00 900.00 A. 1,700.00 Salary School Nurse 1.700.00 A• A. _..._•, Salary School Nurse ._.___...- 1,350.00 Salary School Nurse 1400.00 1,350.00 B. C. __, Travel 1,250.00 _ _. ._....._ 50.00 Office. 1,250.00 0.00 D. _.-__._._..--- 100.00 Printin___ _ .._.._._ g 1650.00 E. _ Equipment.` `_ _- 50.00 50.00 F. G. Maintenance (2 Cars .._ ------- 25.00 ars) 60.00 J-1. Material and Su ��.' 120.00 Laboratory Expense 150.00 250.00 400.00 400.00 J-2. ._ Miscellaneous 900.00 ""------•• 113.00 TOTALS - 100.00 _................._.. .••.._••..__._.._.$12,438.00 Item 126-visiting $12,880.00 J. Nurses Visiting Nurse J. Association__..$ 1,200.00 Control of Contagious Diseases Item 127-Sewer maintenance81,200.00 Sewer Fund) (Main Sewer and Salary Sewer Foreman.....___$ EA. . Wages Laborers 1,800.00 $ 1.800.00 F. ........................ 7,200.00 Maintenance_._.._.__._. _. _. 500.00 8,600.00 G• I Material and Suppjjey:__ -; 300.00 Insurance 400.00 500.00 700.00 on Truck__......_ ,... Power for Sewer Pumps_ 300.00 •••• 1,135.00 0.00 TOTALS 11300.00 _.__.......__..._........._.._......$11,335 UO (Sewer Fund 744 00; 1Vlain Sewer Fund arbage ell 366 00) J. and Garbage$ Disposal (Misc. General pIsposal Fund) Revenues Contract for Collection and Disposal .. (General Revn't $9,44 .,6_ *$18,000.00 $1 x000.00 $8,661.00) Garbage Disposal Item 129-Milk A• Inspection (General Fund Misc. General Revenues) and Salary Dlllk Inspector .......... ...... .$ 1,800.00 $ 1,800.00 � ,' 19 Special Session, March 22nd, 1938 61 E. F. Equipment ..... _ ............ ... _...._... _...... _ Maintenance of Inspector's 160.00 G. Car. ... _............. .._...... ............ _... __..._._._...... _ 300.00 Material and Supplies ............... 100.00 300.00 100.00 TOTALS .............. _...._........._ ._._.._$ 2,200.00 $ 2,360.00 (Milk Inspector's Fees -$1,500.00; General -$860.00) Subtotals Group II'I, Health and Sanitation ... ................................. $45,173.00 $47,540.00 GROUP IV -HIGHWAYS AND STREET LIGHTS Item 131 -Highway Administration (General Fund) A. Salary Superintendent ...... _......... $ 2,500.00 A. Salary Timekeeper ..... _......... __ 1,800.00 F. Maintenance ..... _._...... ........... �.. _.._ 150.00 100.00 G. Material and Supplies........__.._ 200.00 150.00 I. Insurance on Car ........................ 25.00 TOTALS ........................................$ 2,875.00 $ 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 __.__.._. ................. _......... _ 1,000.00 4,500.00 F. Maintenance ............ ... __._ 4,500.00 4,500.00 G. Material and Supplies �....... _ 9,000.00 5,500.00 I. Insurance on Equipment _..._._ 420.00 TOTALS ....... ....... _... .......... _........ .._._._...$29,920.00 $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 _..._...._....... __.. 4,100.00 5,200.00 C. Office ...... _............. _ ..... _...... ........ ... _...... _ 75.00 75.00 E. Equipment .................................. 100.00 500.00 F. Maintenance on Garage _.._ 400.00 400.00 G. Material and Supplies _.__...__ 340.00 325.00 H. Heat, Light, Power ............. ......... . 1,520.00 2,500.00 I. Insurance on Garage _........... __ 270.00 50.00 TOTALS ................................... ...... ................. $ 9,105.00 $11,350.00 Item 134 -Ash and Can Collection (General Fund) A. Wages Drivers and Laborers$ 7,200.00 $ 8,000.00 E. Equipment ....... ... _... .............. _...... _.... _... F. Maintenance _ ................. _...._......_.__ 1,400.00 1,400.00 G. Material and Supplies _.._....__ 750.00 500.00 I. Insurance ....... _...._.._____..._.._.. 125.00 TOTALS ............. _.............. _........... _...... ..$ 9,475.00 $ 9,900.00 Item 138 -Street and Traffic Signal Lighting (Light Fund) H. Total for Street Lighting and Traffic Signals .._--------------- $48,400.00 $48,600.00 J. 2% State Sales Tax ....._._.... 968.00 972.00 TOTALS ...... ..... ....... ............... _ .................$49,368.00 $49,572.00 Item 140 -Street Cleaning (Garbage Disposal and Street Cleaning Fund and Misc. General Revenues) A. Wages Drivers and Laborers. -$11,500.00 $12,500.00 E. Equipment ... _...... _...... _._____....___.. 600.00 500.00 F. Maintenance .............................. 2,500.00 3,000.00 G. Material and Supplies .............. 1,500.00 1,000.00 I. J. Insurance .... . ............ ._....... __.__......_.._ 280.00 Surplus _ ............. _..... ....... _...... ... .... __...__ 119.00 102.00 TOTALS ........ ............. _...... __.._......_.._....$16,499.00 $17,102.00 (Mise. General Revenues -$8,551.00; Street Cleaning Fund -$8,551.00) Subtotals Group I'V. Highways and Street Lighting....._ ....................$117.242.00 $119,474.00 GROUP V -LIBRARY Item 143 -A -Library Fund and Misc. Library A. Revenue Salary Librarian ......................._.........$ 2,166.00 $ 2,280.00 1,680.00 A. A. Salary Reference Librarian..._. 1,596.00 Salary Catalogue Librarian.... 1,425.00 1,500.00 A. Salary Child Librarian ..... _...... 1,311.00 960.00 1,380.00 1,080.00 A. Salary School Librarian ........... A. Salary Acting Circulation 1,008.00 1.020.00 A. Librarian ......... _... _...................... _......__.__ Salary General Assistant ..... 621.00 900.00 840.00 A. Salary General Assistant .._.. 840.00 780.00 840.00 A. Salary General Assistant ...... .... 840.00 A. Salary General Assistant......_... � ,' 19 62 Special Session, March 22nd, 1938 A. Salary General Assistant Salary Director "..' Travel _ _ _ _$ 2,260.00 2 $ 1250.00 (Half Time) .......... _ ____.__ 1,560.00 621.00 A. Salary Janitor ..__---- ........__...._....._.. 1.200.00 1,260.00 B. Travel60.00 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 _ _. _� 4,000.00 2,711.00 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 ____.... 588.00 1,461.00 P. G. TOTALS _._..____._._.__.._.__._._.$27,765.00 $28,113.00 150.00 Library Fund -$26,822.00; Misc. Library Revenue - 500.00 400.00 $1,291.00) I• �,,. Insurance . _ " -" -_ Item 143 -8 -Library Building Fund 100.00 J. Payment on Building ..._.._.. $16,144.00 50.00_•. Subtotals Group V, Library $27.755.00 $44,257.00 3.700.00 GROUP VI -PARK FUND J• Events Cost of Music Item 144 -A -Park Administration A. Salary Superintendent ------$ 1,800.00 $ 1,800.00 B. Travel _._ _ _._ _ _..._. 50.00 60.00 C. Office __-. _ 125.00 125.00 D. Printing and Advertising - 25.00 25.00 J=1. Miscellaneous .-_._ 15.00 15.00 50.00 50.00 TOTALS .......... ___...._.�__$ 2,015.00 $ 2,015.00 150.00 350.00 Item 144 -B -Park Areas, Buildings, Etc. A. E. Wages of Laborers _-..__.__$10,300.00 Equipment $11,600.00 F. G. __. 800.00 Maintenance 800.00 Material and Supplies �r 1,200.00 800.00 H. 2,360.00 Heat, Light, Water..__...__ 2,725.00 3.820.00 I. J-1. _� Insurance _ 575.00 'Renovation and m Replaceents 2,200.00 500.00 J-2. 700.00 Interest, Reserve and 700.00 A. Assessments ................... 869.00 788.00 840.00 750.00 TOTALS$15,609.00 $21,608.00 300.00 60.00 Subtotals Group VI, _.......... .... __ Park Fund _ ..$20,624.00 Park Tax -$21.377.00; Misc. $23.623.00 Park Revenues - $2,246.00) GROUP VII -PLAYGROUND AND SWIMMING POOL FUND A. Item 145 -A -Recreation Administration B. Salary Director "..' Travel _ _ _ _$ 2,260.00 2 $ 1250.00 C. . _ Office " "-'-- 60.00 50.00 F. __'- Maintenance (Carj '^ �- 60.00 60.00 G. Material and Supplies 360.00 360.00 -.� 100.00 100.00 TOTALS 2,820.00 $ 2,820.00 Item 145 -8 -Playgrounds A. Salary Supervisors, DirectoA. WagesrLaborera -_ $ 2.060.00 $ 2.050.00 E. Equipment ........................ 200.00 P. G. Maintenance --" "" ---- 400.00 150.00 H• •• Material and Supplie_ s Heat, Light 500.00 400.00 750.00 300.00 I• �,,. Insurance . _ " -" -_ 100.00 100.00 _ _" "-----•-•- TOTALS 50.00 50.00_•. _-..... $ Item 145 -c -Music 3.700.00 $ 3.400.00 J• Events Cost of Music Item 145- Sports $ D -Winter 250.00 $ 250.00 A C• ports Wages Check Room, Etc. _.__..$ 650.00 $ E. P. Equipment _-...- .....__........_..._......_. Maintenance "_'" " 25.00 100.00 350.00 25.00 G• H Material and Supplies Heat, APlies 200.00 50.00 50.00 I _" Light --- g Insurance " ""' -- 150.00 350.00 50.00 _....._........__.. �v TOTALS........................................ 25.00 276.00 Item 145- -$ 1,500.00 $ 800,00 -SWimming Pool Superintendent Operation A. A. Salary __.._.__...g Salary y Guards (4) Attendants "or 450.00 660.00 $ 300.00 A. 4 --- Wages Laborers ._,(3 ,r 4)._._ Office 900.00 840.00 750.00 F. ._.._.._....-� --•-__ Maintenance """""'.-- -•- -- 300.00 60.00 110.00 _.......... .... __ 300.00 50.00 300.00 Special Session, March 22nd, 1938 63 G. Material and Supplies __.___ 600.00 150.00 H. Light and Power _ _...-...._-.... 350.00 600.00 I. Insurance ..... ......................... 200.00 J. Miscellaneous .............................. 300,00 200.00 100.00 TOTALS ............ ........... .................. _... .___..$ 4,000.00 $ 3,400.00 Item 145 -G -Indoor Winter Sports J-1. Miscellaneous _ ... ................ _..._....-._.$ 100.00 $ 50.00 Item 145 -H -Emergency I-1. Interest on Warrants ...._._..�.$ 100.00 $ 50.00 J-2. Reserve .....__.__..._.._..._....._ ...... ........ __ 620.00 115.00 TOTALS .«. ......................,,............$ 620.00 $ 165.00 Item 146 -Athletic Park A. Wages Caretaker ....... .................... $ 400.00 F. Maintenance ...... __._.................__...__ $ 750.00 G. Material and Supplies __.__._ 150.00 H. Lights. Water ..... _...... ___..___..__... 200.00 I. Insurance .... ..___.....__.._...._........ _ 500.00 J-1. Miscellaneous ...... _.......... _._..__.._ 50.00 TOTALS ......... ..._............... ... __........ ......... _. $ 2,050.00 Subtotals Group VII, Play- ground and Swimming Pool $12,990.00 $12,935.00 (Playground and Swimming Pool Tax -$10,535.00; Misc. Playground Revenue -$2,400.00) GROUP VIII --MISCELLANEOUS Item 146 -Athletic Park A. Wages Caretaker ._.._.............. 400.00 F. Maintenance _...._ ................._.._._....._._ 550.00 G. Material and Supplies .............. 150.00 H. Lights, Water ...._..._........ _..__...._ 200.00 I. Insurance _.._...____._...__..._.._.._._ 515.00 J-1. Miscellaneous .................. _._._--- _......._ 65.00 TOTALS ...... _...... ........................... _.......... $ 1,880.00 Item 147 -Planning and Zoning (General Fund) J. Miscellaneous ..............................$ 25.00 $ 25.00 Item 148 -E -Ambulance (General Fund and Misc. Revenues) A. Salaries Drivers (2) .... _...... _.._$ 1,680.U0 $ 3,360.00 F. Maintenance _ ...... ...... ...... _....__..__... 400.00 300.00 G. Material and Supplies _._.__..- 132.00 150.00 I. Insurance ...... _......... ........... _. _.._...._ 325.00 525.00 TOTALS ...................................... 2,537.00 $ 4.335.00 (Ambulance Fees -$1,000.00; General Fund -$3,335.00) Item 148 -C -Other Miscellaneous (General Fund) J-1. Iowa League of Municipalities ... _.... ........... _._.__..._..$ 50.00 $ 50.00 J-2. Damages ...... -...... _.... _............................. 3,200.00 3,300.00 J-3. Printing Council Proceedings.. 3,200.00 3,200.00 J-4. Mississippi Valley Ass'n Dues.............................................. 50.00 3-5. State Examiners .............................. _ 1,400.00 2.000.00 J-6. Repairs to Town Clock ........ __ 120.00 150.00 J-7. Misc. Unclassified .................... 1,500.00 1,500.00 J-8. Workmen's Compensation Insurance .._......... ............... __...... ........... _.-. 1,700.00 1.900.00 J-9. Interest on Warrants ............... 125.00 125.00 'TOTALS ................. ..................-....................... $11,345.00 $12.225.00 Item 148 -F -Airport Fund I. Insurance ................. _............... _............... .... $ 130.00 563.00 $ 130.00 554.00 J. Miscellaneous _ ..... _..... ... _..................... TOTALS _...._.._...... ...... _.......__._..._.... _......$ 693.00 $ 684.00 Subtotals Group VIII, Miscellaneous ._................. ... ........ ......... $16,480.00 $17,269.00 GROUP IX -MARKETS AND PUBLIC SCALES (General Fund and Misc. General Revenues) Item 152 -Market Master's Office A. Salary Market Master .... _.......... $ 1,400.00 $ 1,400.00 20.00 F. Maintenance ..... ......_........�._.._........ 20.00 G. Material and Supplies ....... _....... 65.00 65.00 J-1. Miscellaneous .......... ._........ _........... _... 20.00 20.00 TOTALS _ ....................... _........._.._....._...$ 1,505.00 $ 1,505.00 General Fund -$305.00; Misc. General Revenues - $1,200.00) Subtotals Group PX -Markets 1,505.00 $ 1,605.00 and Public Scales ......................$ 64 Special Session, March 22nd, 1938 GROUP X -MUNICIPAL IMPROVEMENTS (Improvement Fund) J. City's Share of Special Assessments ..$ 6,400.00 $ 6,000.00 ..._.............__•.-_....-• Subtotals Group X - Municipal 6,000.00 Municipal Improvements ............$ 5,400.00 GROUP XI --PENSION FUNDS J-1. Police Pensions _..._._...._.._.._._...$10,691.00 $ 8,996.00 J-2. Fire Pensions ..... ......... ...... _..... ........ ... 23,659.00 16,999.00 TOTALS _._...___._........_.__.._......__._...$34,350.00 $26,996.00 GRORUP XII -MUNICIPAL INDEBTEDNESS Item 161.J -1 -City Bonds and Interest (Bond and Interest Funds) A-1. Regular City Bond Interest_$ 45,000.00 $ 46,635.00 A-2. Grading Bond Redemption_ 16,000.00 12,000.00 A-3. Storm Sewer Bond Redemption ._._.____...____ _ 18,000.00 48,000.00 A-4. Sinking Fund _......... 5,000.00 A-5. Improvement Bond Redemption ..._...._.`._.__._.._.._ 30,000.00 30,000.00 A-6. Surplus .____._.. _._._ ___..._ 3,261.00 39.00 TOTALS ________.._.__ _ __._._...8116,261.00 $136,574.00 Item 161 -J -2 -Playground Bonds and Interest No Levy 1937) A-1. Interest on Bonds .... _.................... _.$ 100.00 None A-2. Bond Redemption ................. 3,500.00 None A-3. Surplus _.__ ____..__._.._._... 129.00 None TOTALS $ 3,729.00 None Item 161 -4 -3 -Dock Bond and Interest Fund A-1. Interest on Dock Donds..._-__.$10,555.00 $10,265.00 A-2. Bond Redemption _.. _._.__.___ 20,000.00 21,000.00 A-3. Surplus529.00 373.u0 TOTALS _____._......... _._._._._._.$31,084.00 $31,638.00 Subtotals Group XII, Municipal Indebtedness ....._$151,064.00 $168,212.00 Emergency and Reserve Reserve in General Mise. Revenues _...._ ............ ........ ...... .... .......... ... $ 37.00 W.P.A. Projects _._................ ...... 1,500.00 $ 184.50 Emergency Fund........_._.............32,998,00 Payment of General Fund 11,321.00 Warrants for 1936-37 W.P.A. Projects and New Swimming Pool_._..__. _......._.......... _.......... ___.. Interest on Same 16,000.00 .____.... 472.50 TOTALS ___..._._...___........__.._.._._$34,535.00 $27,978.00 GROUP XIII -DOCKS (Dock Fund and Misc. Dock Revenues) Item 153 -A -pock Operation A. Salary Engineers.._$ A, Wages Laborers _� .._..._._••_••.• 2,600.00 B. Travel j 240.00 F. Maintenance'--**--*-'---- 150.00 160.00 ____..._........__..�_..._ 300.00 Material and Supplies 100.00 I .............. 100.00 Insurance 60.00 -_._......._.._..._..._........._._._ 620.00 J-1. Traffic Assoc iation Dues _ __ 300.00 J-2. Improvements 475.00 300.00 ._......_.._....._. _,_ 530.00 J-3. Miscellaneous 100.00 J-4. Land Purchase Contract-.-..-,- 1.000.00 J-5. Dock Bond Sinking 200.00 600.00 Fund Reserve . . TOTAL DOCK OPERATION_.$ 6,000.00 Item 153 -B -Dredge $ 2,115.00 Operation A. Salary Engineers _._.__._......_._._ A. Salary Operator $ 180.00 .....___.._,,.___._._..... A. Salary Oiler ..__._ A. Rages Laborers...,............;.... 1,800.u0 1,100.00 P• Maintenance (Repairs) G. Material and Su ""'""""' 678.00 500.00 H. Electric Poser Pplies _...___._ I 200.00 Marine Insurance';;;;;;_._ I Workmen's 3,500.00 725.00 Compensat_ion Insurance J• Xlscellaneou_.s*... _......... `-`"' ___.._.._........__.......... 225.00 • TOTAL Dredge 350.00 Operation-. Item 153 $ 9,168.00 -C --W, E• Trucking P'A• Project _. _..... ..... .._..... Special Session, March 22nd, 1,938 („ E. Scale Rental _._..... ...... __.._......__ 250.00 E. Derrick Rental ...... ..... _........ __......._ 90.00 E. Tools .............. ........ _.............. ....... .... 200.00 E. Life Preservers ............... 50.00 G. Cement ...._._...__..._.___.__....._._..._._ 360.00 TOTAL ............ _ ............ ..... $ 3450.00 Item 153-D Repayment of Loan to Water Works ... .............. .................._.. $ 5,500.00 Subtotals Groups XIII Docks $ 6,000.00 $20,723.00 (Dock Tax P'und-$12,723.00; Misc. Dock Revenue -$8,000.00) GROUP XIV -WATER WORKS (Self -Supporting) SUMMARY OF RECEIPTS AND EXPENDITURES RECEIPTS Est. Cash on Hand April 1st ......$ 24,000.00 $ 20,000.00 Est. Receipts from Metered Sales 130,000.00 140,000.00 Est. Receipts from Flat Sales._._- 500.00 250.OU Est. Receipts from Fire Protection Service ........ __._.____ 2,000.00 2,250.00 Est. Receipts from Non -Operating Service .......... 5,000.00 5,000.00 Est. Receipts from State Sales Tax ._....___......_._...__ 2,750.00 2,950.00 Est. Repayment of Library Loan Balance ._.__..... 3,662.52 Est. Repayment of Loan to Dock Fund .................... 5,500.00 TOTALS ........................ ....... ............. ................ ..$164.250.00 179.612.52 EXPENDITURES 149 -A -Administration A. Salary Superintendent ..........$ 3,300.00 • $3,000.00 A. Salary Cashier (Asst. Superintendent) ...... ......... .......... _...__ 2,400.00 A. 'Salary Accountant .._...... ............ 2,070.00 2,160.00 A. Salary Stenographer and Clerk .... ._..................... ........................_..__ :,440.00 1,560.00 A. Salary Clerk (Extra Help)_ 800.00 1,200.00 A. Salary City Manager (20%)_ 1,200.00 1,100.00 A. Salary City Auditor (201/r) •- 490.00 490.00 A. Salary City Treasurer (20%) 480.00 480.00 B. Travel ..... ...... ... _...... _ ........................ _...... 125.00 125.00 C. Office Expense and Postage_ 800.00 800.00 D. Printing and Advertising...__... 300.00 300.00 E. Equipment ..... .... ........... _.... _...... _......... 1,350.00 1,150.00 F. Maintenance ............ .......... _......... _..... _ 300.00 300.00 G. Material and Supplies ............._. 600.00 800.00 I. insurance .......... ..... _...._�. ......_......_-.. 50.00 100.00 ...... J-1. Sinking Fund ........................ 15,000.00 3,600.00 J-2. Refunds ____.....-.. _�_..........._.___..._ 2,000.00 2,000.00 J-3. Miscellaneous . ................. ._......._. 500.00 500.00 J-4. Sales Tax (2% to State)..__.__ 2,750.00 2.950.00 TOTALS ........................................$35,955.00 $22,615.00 (• Note: Includes Cashier's Duties) 149 -B -Water Operation A. Salary Field Engineer ... _............ $ 2,280.00 A. Salary Plant Chief Engineer_ 2,100.00 $ 2,400.00 2,160.00 A. Salary 6 Plant Engineers_.... 10.350.00 10,800.00 000.00 A. Wages Extra Station Labor._ 650.00 1.560.00 1.620.00 A. Salary Tapper ........... ._... ..... _...._._ A. Salary Meter Service Man_„. 1,500.00 1,560.00 A. Salary Meter Repair Man.....- 1,780.00 1,500.00 1,860.00 1,560.00 A. Salary Meter Reader ..................... A. Salary Asst. Meter Repair 1,560.00 1,820.00 Dian....... _........ -_...... _... ................... _.__ A. Salary General Foreman........... 2.180.00 1.610.00 2.250.00 1,680.00 A. Salary Asst. Foreman ....._........ A. Wages of Laborers ._..._...._-_._ 10,000.00 11.500.00 E. Equipment ...... _._...._.._.__....._...__ 11,000.00 12,000.00 10,000.00 13.620.00 F. Maintenance ......... _............_... .... _...... _ G. Material and Supplies ....... 1,500.00 1,500.00 H. Heat, Tight and Power_..-__. 29,000.00 1,000.00 25,000.00 4,500.00 I. Insurance .................................... J-1. Water Main Materials ............. 13,000.00 18,000.00 15,000.00 42.000.00 J-2. Other Betterments ....... ...... ........ _. 3.000.00 3,000.00 J-3. Store Reserve ..... .......... ... .... ...... _.......... J-4. Miscellaneous ..________.._....._...__.... 2,047.50 1.225.00 TOTALS ..... ........... ........ ................ _..._...$]27,617.50 $155,855.00 Grand Total Nater Works Appropriations .........$163,572.50 $178,470.00 Non -Appropriated Reserve _......... 677.50 1.142.52 TOTALS ............... ... .... ........ .... I ................ ..31G4,250.00 $179,612.52 Special Session, March 22nd, 1933_ RECAPITULATION OF TOTAL APPROPRIATIONS AND RESERVES (a) City Operation, Bond and Interest. Groups I to XIII Inclusive ........................................$697,959.00 $745,142.50 (b) Reserve in General Fund and Misc. General Revenue _ .___.. 1,537.00 384.60 (c) Emergency Levy .._....... :__..•—•.• 32,998.00 11.321.00 (d) Water Works Appropriations 163,572.50 178,470.00 Water Works Reserve _._ ._ 677.50 1,142.52 TOTALS —__.._.._..._.._. ....... .__...$896,744.00 $936,460.52 Resolution No. 19-38 Passed, adopted and approved WHEREAS, this Council has pre- this 22nd day of March, 1938. JOHN K. CHALMERS, pared its budget of proposed ex- Mayor, penditures for the fiscal year be- CARL A. CLARK, ginning April 1, 1938, and ending M. R. KANE, March 31, 1939, wherein estimates GEO. R. MURPHY, A. BENNETT, M. of the expenses of the departments Councilmen. and purposes are shown, including Attest: J. J. SHEA, the estimates for which the con- City Clerk. solidated tax levy and all other Councilman Bennett moved the levies heretofore made, receipts adoption of the resolution. Second. ed by Councilman Clark. Carried from moneys and credits and mis- by the following vote: cellaneous sources are to be used, Yeas—Mayor Chalmers, Council - and said budget shows all of the men Bennett, Clark, Kane, Murphy. Proposed expenditures for the en. Nays—None. suing fiscal year, and the same was Ordinance No. 8-38 Published as provided by law and An o r ci i n a n c e appropriating an opportunity was given all who money for the various funds and Might wish to file ob objections or j purposes of the City of Dubuque for the fiscal year beginning April protest to the same or to any omis- 1, 1938, and ending March 31, 1939, sions therefrom, and the time for presented and read. final action thereon having been fixed Councilman Kane moved that the reading just had be as the 22nd day of March, considered the first reading of the 1938; and ordinance. Seconded by Councilman Clark. WHEREAS, subsequent to the Carried by the following vote: Preparation and publication of such Yeas—Mayor Chalmers, Council - budget, this Council has deemed it mNayen BsnNoneClark, Kane, Murphy. necessary and advisable to amend the same by incorporating Councilman Kane moved that the therein the proposed expenditure in the Health Department for rules be suspended requiring an ordinance to be read on three the control of contagious diseases, separate days. Seconded by Coun- and in order to create funds for said appropria- cilman Clark. Carried by the fol - lowing vote: tion, it was necessary to amend certain amounts shown in said bud. Yeas—Mayor Chalmers, Council - men get under the caption of "Enver- gency and Bennett, Clark, Kane, Murphy. Nays—None. Reserve"; all ofsaid toforeProposed changes having been here- The ordinance was then read a adopt provided for in a resolution adopted by this second time. Councilman Kane moved that the Council on the 22nd day of March, 1938; and reading g just had be considered the WHEREAS, been filed S no objections have said budget: second reading of the ordinance. Seconded by Councilman Clark. NOW, THEREFORE Carried by the following vote: Be it resolved Yeas—Mayor Chalmers, Council - men Bennett, by the Cit cil of the City of Dubu Y Coun• budget Clark, Kane, Murphy. Nays—None. que that said of proposed for the fiscal expenditures 1, the lYear beginning Notice of Claim of Donald R. Birch in the amount for and April as heretofore ending March 31, 1939, of $75.00 personal injuries received in a fall amended prepared, and as the same herein stated, be and is on icy sidewalk on East 25th street, presented and read. hereby adopted and approved. Councilman Murphy moved to refer the notice of claim to the City Solicitor, Seconded by Councilman Special Session, March 22nd, 1938 67 Clark. Carried ny the toitowing vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Notice of Claim of Arnold Beres- ford in the amount of $400.00 for personal injuries received by his wife, Mrs. Arnold Beresford, in a fall on icy sidewalk on east side of Central Avenue at 1672 Central Avenue, presented and read. Councilman Bennett moved to refer the notice of claim to the City Solicitor. Seconded by Coun- cilman Clark. Carried by the fol- lowing vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Notice of Claim of Emory F. Healy for personal injuries re- ceived in a fall on icy sidewalk on the northeast corner of Ninth and White Streets and asking for the privilege of presenting a bill in fuller detail at a later date, pre- sented and read. Councilman Kane moved to refer the notice of claim to the City Solicitor. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Notice of Claim of Otto Burkhart In the amount of $127.26 for dam- ages received to his automobile caused in striking large piles of snow on the south side of West 14th Street directly south of Hen - ion Street causing car to get out of control and striking a telephone pole, presented and read. Councilman Bennett moved to refer the notice of claim to the City Solicitor. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. March 8, 1938 City Council, City Hall, Dubuque, Iowa. Gentlemen: When I was originally appointed on the Playground and Recreation Commission by the City Council, It was as the Board of Education's member on the commission. Now, since my term of office on the Board of Education expires this month and I am not a candidate for reelection, it is only proper that I should resign as member of the Playground and Recreation Com- mission, in order that you in turn may make appointment from the membership of the Board of Educa- tion to serve the portion of my un- expired term on the commission. I consequently tender my resig- nation. Very truly yours, KARL J. RHOMBERG. Councilman Bane moved that the resignation be accepted and made a matter of record. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Dubuque, Iowa, March 22, 1938. To the Honorable Mayor and City Council of the City of Dubuque, Iowa. Gentlemen: My term of appointment on the Civil Service Commission will ex- pire March 31, 1938, and I beg to advise your honorable body to please not consider my reappoint- ment on the Civil Service Commis- sion. I regret that I am compelled retire from this Commission but owing to my state of health I have no other alternative. I desire at this time to state that my associa- tions with both the members of the Civil Service Commission and the various City Council Members will always be cherished by me. Very truly yours, ROBERT L. WOODWARD. Councilman Kane moved that the communication be made a matter of record and that a vote of thanks be extended to Mr. R. L. Woodward for the years of service rendered by him as a member of the Civil Service Commission. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Communication of the officers of the Amateur Baseball League ask- ing the City Council to use every effort to have the Baseball Park repaired and ready for the opening of their baseball league, presented and read. Councilman Kane moved to refer the communication to the Play- ground and Recreation Commis- sion. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Petition of the American Legion Auxiliary requesting permission to install road signs distinguishing the street routing to the Mercy and 68 Special Session, Finley Hospitals, presented and read. Councilman Clark moved that the request be granted the erection of said signs to be done in accord- ance with agreement and instruc- tions of City Manager Rhomberg. Seconded by Councilman Bennett. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Proof of publication, certified to by the publishers, of the statement of receipts and list of claims for which warrants were drawn during the month of January, 1938, pre- sented and read. Councilman Bennett moved that the proof of publication be received and filed. Seconded by Council- man Murphy. Carried by the fol- lowing vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Dubuque, Iowa, March 22, 1938. 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, Section 5695, the Civil Service Commission conducted competitive examinations for eligible list for appointments to the following positions: Superintendent of Water Dept. Applicants Average John Joseph Hail ....................100%, Head Public Health Nurse Mary Elvira Dolan .................... 97% City Electrician Joseph Francis Correll ............ 100% Plumbing Inspector Daniel J. O'Leary ...................... 95% Electrical Inspector Otto F. Bethke ............................ 94% Milk Inspector Virgil F. Chapman ...................... 9'5% Sewer Foreman Cornelius Con. Sullivan............100% Food and Restaurant Inspector Mrs. Almeda Timmons............ 97% Mrs. Lucy ' Jaeger ...................... 71% One other applicant took the ex- amination for the position of Food and Restaurant Inspector but failed to The abovethe examinat nsuired %were con - March 22nd, 1938 ducted by the Civil Service Com- mission on March 8th, 1938. Respectfully submitted, R. L. WOODWARD, Chairman. B. C. SCHMID, E. J. RYAN, Commissioners. J. J. SHEA, Clerk. State of Iowa t Dubuque County 1 ss. Subscribed and sworn to before me, A Notary Public, this 22nd day of March, 1938. C. A. REED, (SEAL) Notary Public in and for Dubuque County, Iowa. Councilman Bennett moved that the communication of the. Civil Service Commission be made a matter of record. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor ChalmeTs,, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Report of the Board of Health for the month of February, 1938, presented. Councilman Murphy moved that the report of the Board of Health for the month of February, 1938, be received and placed on file. Sec- onded by Councilman Bennett. Car- ried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. March 19, 1938. Honorable Mayor and City Council. Gentlemen: Referring to at- tached communication of Frank R. Zemanek requesting vacation of the alley from south of Green Street from Avoca Street east to the easterly line of M1111s West Du- buque Addition, it is the sense of the Planning and Zoning Commis- sion that due to the rough topo- graphy of the land in question no Public interest will ever be served by an alley as platted. Therefore, the Planning and 'Zoning Commis- sion wishes to recommend to the City Council that the alley be va- cated upon such terms as will pro- tect the City against the expenses of advertising, etc., involved in the carrying out of the necessary legal steps, and make equitable alloca- tion of the ground to adjacent pro. perty owners. Respectfully submitted, DUBUQUE PLANNING & ZONING COMMISSION. R. V. McKay, Sec'y. Conn.cilman Kane moved that the communication of the Planning and Zoning Commission be referred to Special Session, March 22nd, 1938 the City Manager and City Solici. tor. Seconded by Councilman Mur- phy. Carried by the following vote: Yeas—Mayor Chalmers, Council. men Bennett, Clark, Kane, Murphy. Nays—None. Resolution No. 20-38 Whereas, application 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 oc- cupied by such applicants shall be forthwith inspected. CLASS "B" PERMITS Alvin Lee (New), 701 Central Avenue. Steve Ellis (New), 215 West 8th Avenue. H. L. Barrett (New), 236 West 1st Street. W. F. Trimpler (Renewal), 709 Julien Avenue. Passed, adopted and approved this 22nd day of March, 1938. JOHN K. CHALMERS, Mayor. CARL A. CLARK, M. R. KANE, GEO. R. MURPHY, A. M. BENNETT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Bennett moved the adoption of the resolution. Sec- onded by Councilman Clark. Car- ried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane,, Murphy. Nays—None. Resolution No. 21-38 Whereas, heretofore applications were filed by the within named applicants for Beer Permits and they received the approval of this ,Council; and Whereas, the premises to be oc- cupied by them have been inspect- ed and found to comply with the ordinances of this City and they have filed proper bond: Now, therefore, Be it resolved by the 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 Steve Ellis (New), 215 West 8th Avenue. H. L. Barrett (New), 236 West 1st Street. W. F. Trimpler (Renewal), 709 Julien Avenue. . Be it further resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 22nd day of March, 1938. JOHN K. CHALMERS, Mayor. CARL A. CLARK, M. R. KANE, GEO. R. MURPHY, A. M. BENNETT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kane moved the ad. option of the resolution. Second- ed by Councilman Clark. Carried by the following vote: Yeas ---Mayor Chalmers,, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Councilman Kane moved that the Council rescind their action taken at the meeting of November 1st, 1937, in granting Michael Schnee permission to redeem the tax sale certificate held by the City of Du- buque against Lot 20 of McCraney's 1st Addition upon the payment of the face value of the certificate plus 5% interest per annum the balance of penalties and interest to be waived. Seconded by Coun- cilman Bennett. Carried by the fol- lowing vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark,. Kane, Murphy. Nays—None. There being no further business, Councilman Kane moved to ad- journ. Seconded by Councilman Bennett. Carried by the follow- ing vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. J. J. SHEA, City Clerk. Approved Adopted i!{.Dju>93F. ...... I...... Ca' ............................. N �... Attest: ........... City Clerk. Special Session, March 22nd, 1938 Mayor Chalmers read the call CI}` Council and stated that service thereof had been duly made and that this (official) meeting is called for the purpose of canvassing the vote cast at the Special Session, March 29th, General Municipal Election held 1938. March 28th, 1938, and acting on any Council met at 8:00 P. M. other business as may properly Present—Mayor Chalmers, Coun- come before a regular meeting of cilmen Bennett, Clark, Kane, Mur- the City Council. phy, City Manager Rhomberg. The vote of the election of March Meeting called by order of May- 28th, 1938., was then canvassed and or Chalmers and Councilman Clark, showed tce following result: First ................................14041 381 3131 3891 5221 3681 3871 641 3641 850 Second ............................ I 4611 341 Eti I I 4571 2601 I 2071 Councilmen—Term I 4261 739 Commencing First U a 3511 5371 2751 7091 Monday in April, 1938 Fourth ............................1 3251 0– 206+ 3481 3801 318 372}1 861 2621 708 Fifth................................1 5411 331 1411 4 V;5Qc� �'a d F07 a ca v 206 565 7211 4271 841 Sixth...............................1 6041 391 2661 4941 3331 2931 6431 1321 zoo Seventh ..........................� 2241 451 2751 2291 3491 3331 2381 921 2081 607 a'r �� 2801 2381 4061 661 3351 682 Ninth ..............................11901 391 4461 4471 1901 911 1801 667 Waldo �yo 531 2811 5221 4251 3871 5221 1161 4021 963 Eicvent.h ........................12141 45134812131 4321 3961 2331 1051 2211 677 Adams a.c PRECINCTf�E'' 2501 1371 270 745 Thirteenth .................... 119311 Iz q C� 4,N 2281 722 For First ................................14041 381 3131 3891 5221 3681 3871 641 3641 850 Second ............................ I 4611 341 I 1571 I I 4571 2601 I 2071 I I I 5081 861 I 4261 739 Third ..............................1 25411 3511 5371 2751 7091 5881 2741 811 262 934 Fourth ............................1 3251 431 206+ 3481 3801 318 372}1 861 2621 708 Fifth................................1 5411 331 1411 5451 2941 206 565 7211 4271 841 Sixth...............................1 6041 391 2661 4941 3331 2931 6431 1321 419 885 Seventh ..........................� 2241 451 2751 2291 3491 3331 2381 921 2081 607 Eighth ............................14081 2811891 3951 2801 2381 4061 661 3351 682 Ninth ..............................11901 391 4461 4471 1901 911 1801 667 Tenth ..............................1 5141 531 2811 5221 4251 3871 5221 1161 4021 963 Eicvent.h ........................12141 45134812131 4321 3961 2331 1051 2211 677 Twelfth ..........................1 2211 60� 3601 2151 4641 4571 2501 1371 270 745 Thirteenth .................... 119311 5211378112081I492114671 20717151 2281 722 Fourteenth ....................12451 621 4331 2561 4921 5181 2851 1551 3071 837 Fifteenth ........................j 2171 401 3461 2041 3931 3871 2461 1481 2911 671 Totals ......................49151 646457! Resolution No. 22-38 Whereas, the Council of the City Of Dubuque has met on this day for the purpose of canvassing the votes cast at the regular munici- pal election held on the 28th day of March, 1938; and Whereas, said Council has can- vassed said vote and the result de. termined therefrom has been found to be that the following named Persons have received the greatest ttumber of votes cast for the ofiic. X4959162711561015226115461 4602111,528 es of Councilmen and Park Com- missioner, to -wit: For Councilmen for the term commencing the first Monday of April, 1938—Frank Thompson, Frank Van Duelman, Albert Wharton; for Park Com- missioner—Waldo Adams; now, therefore, Be it resolved by the City Coun- cil of the City of Dubuque that said Frank Thompson, Frank Van Duel - man and Albert Wharton be and they are hereby declared to be duly elected to the office of Councilmen Special Session, March 29th, 1938 71 for the City of Dubuque for the term commencing on the first Mon- day of April, 1938. Be it further resolved that Waldo Adams be and he is hereby de. cleared to be duly elected to the office of Park Commissioner of the City of Dubuque. Passed, adopted and approved this 29th day of March, 1938. JOHN K. CHALMERS, Mayor. CARL A. CLARK,, M. R. KANE, GEO. R. MURPHY, A. M. BENNETT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kane moved the ad- option of the resolution. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Councilman Clark moved that the Judges and Clerks who served at the General Municipal Election of March 28th, 1938, be allowed the amount of $6.00 each for services rendered as such Judges and Clerks. Seconded by Councilman Bennett. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Councilman Murphy moved to suspend the rules for the purpose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Sec- onded by Councilman Clark. Car- ried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Messrs Fondell and Braun ad- dressed the Council relative to the construction of a sanitary sewer in Shiras Avenue and suggesting that an application be suibmitted to the Works Progress Administra- tion for the construction of said sewer. Communication of John H. Wei- mer submitting application for ap- pointment as a member of the Board of Review, presented and read. Councilman Kane moved to refer the communication to the City Council. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Petition of Ladies Auxiliary of the Leo Schwind Post, Veterans of Foreign Wars, requesting per- mission for the holding of a Poppy Sale on April 30th,, 1938, presented and read. Councilman Bennett moved that the request be granted. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Chalmers, Council. men Bennett, Clark, Bane, Murphy. Nays—None. Petition of Ray Denzler, referred to the City Council by the Board of Supervisors, requesting suspension of the 1937 taxes on Lot 141 Bur. den & Lawther's Addition, present- ed and read. Councilman Kane moved to refer the petition to the City Solicitor for investigation and report. Sec- onded by Councilman Bennett. Car- ried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett,, Clark, Kane, Murphy. Nays—None. Petition of C. W. Datisman, Trustee, requesting a refund in the amount of $41.88 on penalty and interest charges paid on delinquent special assessments levied against Lots 33, 34 and 35 of Min. Lot 39, Fund No. 646, presented and read. Councilman Kane moved that the request be granted and that a war- rant in the amount of $41.88 be ordered drawn on the Special Bond Fund No. 646 in favor of C. W. Datisman, Tfustee, to cover the amount of refund granted. Second- ed by Councilman Clark. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Petition of Harry Shaw, Execu- tor of the Estate of W. H. Shaw, deceased, requesting that the Coun- ty Treasurer be instructed to ac- cept the sum of $390.98 in full pay- ment of the special assessments levied against the South 1/2 of Lot 29 and all of Lots 30, 32, 33, 34, 35 in O'Neill's Subdivision No. 3, Fund 903, presented and read. Councilman Kane moved that the request be granted and that a war- rant in the amount of $199.75 be ordered drawn on the Improvement Fund in favor of Special Fund No. 903 to cover the amount of pen- alties and interest due on said as- sessments and the County Treas- urer to be instructed accordingly. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. 72 Special Session, March 29th, 1938 Proof of publication, certified to itis underightrstl od and Provided that by the publishers, of a statement and sucis subiect to the continuous controls of of receipts and also a list of the city Council of this city, reserv- claims for which warrants were ing the e right tupon mpose restrictions drawn during the month of Feb- or thereof it may e reasonablyile enjoyment ruary, 1938, presented and read. sary for the protection of ten Aub Councilman Bennett moved that - lto interests, including the right to the proof of publication be re- revolve and rescind such permission if at any time the ceived and filed. Seconded by public interests should require such revocation. Councilman Murphy. Carried by if and when such permit, right and tL,e following vote: license is revoked by the Council, Yeas—Mayor Chalmers, Council- said George A. Burden, Viola Rider men Bennett, Clark, Kane, Murphy. h P FrancBurdens RidereliLee,Rider Viola PBurden Nays—None. James, George R. Burden, Ellen Ordinance No. 6-38 Rider Knowlton, heirs at law of Sam An ordinance granting to Georgi P. Rider, deceased, J. M. Burch, Jr., and W. M. Kretschmer, trustees un A. Burden, Viola Rider Burden, - der the Will of Sam P. Rider, de - Cornelia Rider Possart, Frances ceased, and J. J. Jacobson, lessee, Rider Lee, Viola Burden James, their successors and assigns, shall re- move such George R. Burden, Ellen Rider canopy at their own ex - pense and restore such part of the Knowlton, heirs at law of Sam P. sidewalk as has been occupied there - Rider, deceased, J. M. Burch, Jr. by to the same condition it was in to the and W. M. Kretschmer, trustees construction of such canopy. canopy. under the Will of Sawn P. Rider, PARAGRAPH 655. Section 3. This deceased, and J. J. Jacobson, les- ordinance shall be in force and ef- see, their successors and assigns, fect ten (10) days from and after the right to construct and maintain its final passage, adoption and ap- proval by the City Council and pub- lication as provided by law and the ting the north 40 feet of Lot 36A rights hereunder shall accrue to said in the City of Dubuque, Dubuque permitees, their successors and as - County, Iowa, and prescribing the signs, when the provisions hereof shall have been accepted by J. M. conditions of such permit, said or. Burch, Jr., and W. M. Kretschmer, dinunce having been passed upon trustees under the WIll of Sam P. first and second readings on March Rider, deceased, and J. J. Jacobson, 19th, 1938, presented and read a lessee of said premises. Passed on first and second read - third time. ings this 19th day of March, 1938. ORDINANCE NO. 6-38. Passed, adopted and approved upon final reading this 29th day of March, An ordinance granting to George 1535. A. Burden, Viola Rider Burden, Cor- JOHN K. CHALMERS, nelia Rider Possart, Frances Rider Mayor. Lee, Viola Burden James, George R. Burden, Ellen Rider Knowlton, heirs CARL A. CLARK, at law of Sam P. Rider, deceased, J. M. Burch, Jr., and W. M. Kretsch- M. R. BANE, GEO. R. MURPHY, mer, trustees under the Will of Sam P. Rider, deceased, A. M. BENNETT, Councilmen. and J. J. Jacobson, lessee, their successors Attest: J. J. SHEA, slid assigns, the right to construct and maintain City Clerk. a canopy over the sidewalk abutting the north 40 feet ACCEPTANCE Lot e County Dubuque Cin the City of Dubuque, D, Iowa, and prescrib- J. M. Burch, Jr., and W. M. Kretschmer, trustees under the Will Ing the conditio ns of such permit. Be it ordained by of Sam P. Rider, deceased, and J. J. Jacobson, lessee, hereby the City Colin- ell of the City oY Dubuque: .do accept the terms, provisions and conditions PARAGRAPH 653. Section 1 . That George of the ordinance adopted by the City A. Burden, Viola Rider Bur- den, Cornelia Rider Council of the City of Dubuque designated 'Ordinance Possart, Fran- ces Rider Lee, Viola Burden James, George as No. orne- Burden, Viola Aider Burden, ('Irne- R. Burden, Ellen Rider Knowlton, heirs at saw of Sam P. Rider, iia Rider Possart, Frances Rider Lee, Viola Burden James, George R. deceased, J. M. Burch, Jr, and W M. Kretschmer, trustees der Burden, Ellen Rider Knowlton, heirs at law of Sam P. Rider, deceased, un - the Will of Sam P. Rider, de- ceased, and J. J. M. Burch, Jr., and W. M. Kretsch- J. Jacobson, lessee, their successors and assigns, be and are hereby mer, trustees under the will of Sam P. Rider, deceased, and J. J. Jacob - and granted the right to son, lessee, their successors and as- signs, maintainalltaority construct and abutting canopy over the sidewalk the right to construct and maintain a canopy over the side - side - 36A in thea north 40 feet of Lot buque county Of Dubuque, Du- walk abutting the north 40 feet sof Lot SGA in the City of Dubuque, be be attached y Iowa, the same to the building10 Dubuque County, Iowa, and prescrib- Ing the said lot and co located located over the entrance conditions of such permit," this 31st day of March, 1938. to the cated thereon, theater to be lo- built said canopy J. M. BURCH, Jr. under the to Building Co supervision of the mmiasioner W M. KRETSCHMER, Trustees Under of Dubuque of the City PARAGRAPH the Will of Sam P. Rider, Deceased. 654. Section 2. That J. J. JACOBSON, Lessee. ecial Session, March 29th, 1938 Published officially in The Tele- graph -Herald newspaper, April 4th, 1938. J. J. SHEA, 4-4-1t City Clerk. Councilman Kane moved the ad- option of the ordinance. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Ordinance No. 7-38 An ordinance amending an or- dinance entitled: "Ordinance No. 3-34. An ordinance to provide for the comprehensive zoning of the City of Dubuque and to regulate and restrict the location and use of buildings, structures, and land for trade, industry, residence or other purposes; to regulate and restrict the he4ght of buildings hereafter elected or altered; to regulw a and determine the area of yards and other open spaces about buildings; to regulate and determine the density of use of land and lot areas and for that purpose to di- vide the City into districts; to pro- vide for a Board of Adjustment and the orderly enforcement of the regulations hereof; to provide pen- alties for the violation of the pro- visions hereof; repealing all ordi- nances or parts of ordinances in conflict herewith; and designating this ordinance as 'The Zoning Or- dinance of the City of Dubuque'." by repealing Subdivision (d) of Article IX relating to the location of filling stations and public gar- ages and enacting a substitute therefor; and also by repealing the definitions of public and storage garages as contained within Article X and enacting substitutes there- for, said ordinance having been passed upon first and second read- ings on March 19th, 1938, present- ed and read a third time. ORDINANCE NO. 7-38 An ordinance amending an ordin- ance entitled: "Ordinance No. 3-34. An ordinance to provide for the com- prehensive zoning of the City of Du- buque and to regulate and restrict the location and use of buildings, structures, and land for trade, indus- try, residence or other purposes; to regulate and restrict the height of buildings hereafter erected or altered; to regulate and determine the area of yards and other open spaces about buildings; to regulate and determine the density of use of land and lot areas and for that purpose to divide the City into districts; to provide for a Board of Adjustment and the order - 1Y enforcement of the regulations hereof; to provide penalties for the violation of the provisions hereof; repealing all ordinances or parts of ordinances in conflict herewith; and designating this ordinance as 'The Zoning Ordinance of the City of Du- buque'," by repealing Subdivision (d) of Article IX relating to the location of filling stations and public garages 73 and enacting a substitute therefor; and also by repealing the definitions of public and storage garages as con- tained within Article a and enacting substitutes therefor. Be it ordained by the City Council of the City of Dubuque: PARAGRAPH 656. Section 1. That Subdivision (d) of Article 1X of an ordinance entitled: "Ordinance No. 3-34. An ordinance to provide for the comprehensive zoning of the City of Dubuque and to regulate and re- strict the location and use of build- ings, structures, and land for trade, Industry, residence or other purposes; to regulate and restrict the height of buildings hereafter erected or altered; to regulate and determine the area of yards and other open spaces about buildings; to regulate and determine the density of use of land and lot areas and for that purpose to divide the City Into districts; to provide for a Board of Adjustment and the order - ]y enforcement of the regulations hereof; to provide penalties for the violation of the provisions hereof; re- pealing all ordinances or parts of ordinances in conflict herewith; and designating this ordinance as 'The Zoning Ordinance of the City of Du- buque'." relating to the location of filling stations and public garages be and the same is hereby repealed and the following is enacted as a substi- tute therefor: "(d) No filling station or public garage shall hereafter be erected, and no existing building shall hereafter be used or remodeled for use as a filling station or public garage In zones wherein such structures are permitted herein, within 200 feet of any lot upon which is located a church, hospital, school, institution, theater, or public assembly hall, nor shall such station or garage, in any case, be located within 50 feet of any boundary line of any Residence District." PARAGRAPH 657. Section 2. That the definitions of public garage and storage garage as contained within Article X of said ordinance be and the same is hereby repealed and the following is enacted as a substitute therefor: "A public garage is a building or portion thereof wherein motor vehi- cles are repaired or serviced for com- pensation, with or without storage facilities or sales rooms. "A storage garage is a building or portion thereof which is used for the storage of motor vehicles for com- pensation and where no repair or servicing facilities are maintained. "A sales room is a building or por- tion thereof which is used for the sale of motor vehicles and where no repair or servicing facilities are main- tained." PARAGRAPH 658. Section 3. That this ordinance shall be in force and effect ten (10) days Prom and after its final adoption by the City Council and publication as provided by law. Passed upon first and second read- ings this 19th day of March, 1938. Passed, adopted and approved upon final reading this 29th day of March, 1938. JOHN K. CHALIv1ERS, Mayor. CARL A. CLARI{, M. R. KANE, GEO. R. MURPHY, A. M. BENNETT, Councilmen. Attest: J. J. SHEA, City Clerk. Published officially In the Tele- graph -Herald newspaper, March 31st, 1938. J. J. SHEA, 3-31-1t City Clerk. 74 Special Session, March 29th, 1938 Councilman Bennett moved the adoption of the ordinance. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark,.Kane, Murphy. Nays—None. Ordinance No. 8-38 An ordinance appropriating money for the various funds and purposes of the City of Dubuque for the fiscal year beginning April 1, 1938, and ending March 31, 1939, said ordinance having been passed upon first and second readings on March 22nd, 1938, presented and read a third time. ORDINANCE NO. 8-38. An ordinance appropriating money for the various funds and purposes of the City of Dubuque for the fiscal year beginning April 1, 1938, and ending March 31, 1939. Be it ordained by the City Council of the City of Dubuque: Paragraph 659. Consolidated tax levy. Section 1. That the consoli- dated tax heretofore levied pursuant to Section 6217 of the Code of Iowa 1935 is hereby appropriated to the General, Grading, Improvement, Sew- er and Light Funds in the following ratios, to -wit: (a) General Fund, $177,108.00; (b) Grading Fund, $5,- 000.00; (c) improvement Fund, $6,- 000,00; (d) Sewer Fund, $1,744.00; (e) Light Fund, $49,572.00. Paragraph 660. Agricultural tax. Section 2. That the revenue antici- pated to be received from the tax upon agricultural lands within the City (exclusive of such portion there- of alloted to the Library Fund) in the sum of $104.00 is hereby appropriated to the General Fund, making the total of said General Fund $177,212.00, Paragraph 661. Funds. Section 3. That the appropriations for the fiscal year beginning April 1, 1938, and end- ing March 31, 1939, for the various departments and purposes of the City of Dubuque be fixed and determined as follows: Group I. General Administration— Departments. 101—City Council, $200.00. 102—Office of City Manager, $8,405.00. 103—Office of City Clerk, $2,475.00. 104—Office of City Auditor, $2,110.00. 105—Office of City Treasurer, $2 _ 670.00. 10101fice of City Solicitor, $4,215.00. 108—Board of Review, $600.00. 109—Office of Civil Engineer, $2,560.00. 113—Elections $950.00. 116—Civil Service Commis$ on, $100.00. (These appropriations to paid from General Fund) be 115—Police Court, $1,515.00. (This appropriation to be paid from miscellaneous general revenues), Group II, Protection of Life 118— and Property, Police Department, $76,845.00. ($41,394.60 of this appropriation andll$35,450a from General Fund 'us general raven m miscellane- 119—Fire DeParrevenues), $108,451.00. (This trnent Maintenance, appropriation shal be paid from Fire Depart- ment Maintenance Fund). 119B Fire Equipment, $7,661.00, (This appropriation shall be paid from Fire Equipment Fund). 120—Fire and Police Alarm Systems, $4,650.00. (This appropriation shall be paid from General Fund). 121—Office of Building Commission_ or, $3,475.00. ($1,675.00 of this appropriation shall be paid from General Fund and $1,800.00 from miscellaneous general revenues), 122—Offlce of PlumSing Inspector, $2,430.00. ($830.00 of this ap- propriation shall be paid from General Fund and $1,600.00 from miscellaneous general revenues). 123—Office of Electrical Inspector, $2,685.00. ($1,285.00 of this ap- propriation shall be paid from General Fund and $1,400.00 from miscellaneous general revenues). 124—Dog Pound, $150.00. (This ap- propriation shall be paid from general miscellaneous revenues). Group III. Health and Sanitation. 125—Health Operation, $12,880.00. (This appropriation shall be paid from General Fund). 126—Control of Contagious Diseases, $1,200.00. ($1,000.00 of this ap- propriation shall be paid from the General Fund and $200.00 from general miscellaneous re- ceipts). 127—Sewer Maintenance, $13,100.00. ($1,744.00 of this appropriation shall be paid from Sewer Fund and $11,356.00 from Main Sewer Fund). 128—Garbage Disposal Contract, $18,- 000.00. ($8,551.00 of this appro- priation shall be paid from Gar- bage Disposal and Street Clean- ing Fund and $9,449.00 from miscellaneous general revenues). 129—Milk Inspection, $2,360.00. ($860.00 of this appropriation shall be paid from General Fund and $1,500.00 from general mis- cellaneous revenues). Group IV. Highways and Street Lights. 131—Highway Administration, $2,- 050.00. (This appropriation shall be paid from General Fund). 132—Street Repairing and Grading, $29,500.00. ($24,500.00 of this appropriation shall be paid from General Fund and $5,000.00 from Grading Fund). 133—City Garage, $11,350.00. 134—A8h and Can Collection, $9,- 990.00. (These appropriations to be paid from General Fund). 138—Street and Traffic Signal Light- ing, $49,572.00. (This appro- priation to be paid from Light Fund). 140—Street Cleaning, $17,102.00. ($5,- 551.00 of this appropriation shall be paid from Garbage Disposal and Street Cleaning Fund and $8,551.00 from miscellaneous gen- eral revenues). Group V. Library. 143A—Library operation, $28,113.00. ($26,822.00 of this appropriation shall be paid from Library Fund and $1,291.00 from library mis- cellaneous revenues). 14313-1-ibrary building, $16,144.00. (This appropriation shall be paid from Library Building Fund). Special Session, March 29th, 1938 75 Group VI Parks 144A—Park administration, $2,015.00. 144E—Park areas, buildings, etc., $21,- 608.00. ($21,377.00 of this appro- priation shall be raid from Park Fund and $2,246.00 from park miscellaneous revenues). Group VII. Recreation 145A—Recreation administration, $2,- 820.00. 145B—Playgrounds, $3,400.00. 145C—Music events, $250.00. 146E—Swimming Pool operation, $3,- 400.00. 145G—Indoor winter sports, $50.00. 146H—Emergency, $165.00. 146—Athletic park, $2,050.00. ($101- 535.00 of this appropiration shall be paid from Playground and Swimming Pool Fund and $2,- 400.00 from miscellaneous recre- ation revenues). Group VIII. Miscellaneous 147—Planning and zoning, $25.00. (This appropriation shall be paid from General Fund). 148E—Ambulance, $4,335.00. ($3,335.00 of this appropriation shall be paid from General Fund and $1,000.00 from general miscel- laneous revenues). 148G—Other miscellaneous, $12,225.00. (This appropriation to be paid from General Fund). 148F—Airport, $684.00. (This appropri- ation to be paid from Airport Fund). Group IX. Markets and Scales. 152—Office of Market Master, $1,505.00 ($305.00 of this appropriation to be paid from General Fund and $1,200.00 from miscellaneous general revenues.) Group X. Municipal Improvements J—City's share of special assessments, $6,000.00. (This appropriation to be paid from Improvement Fund). Group X1. Pensions. J1—Police pensions, $8,996.00. J2—Fire pensions, $16,999.00. (These appropriations to be paid from Policemen's and Firemen's Pen- sion Funds). Group XII. Municipal Indebtedness 161-J-1—Retirement of bonds and payment of interest, $136,- 574.00. (This appropriation to be paid from Bond and Interest Funds). 161-J-3—Retirement of Dock Bonds and payment of interest, $31,- 638.00. (This appropriation to be paid from Dock Bond Fund). Group XIII. Public' Docks 153A—Dock operation, $2,115.00. 153B—Dredge operation, $9,158.00. 153C—W.P.A. project, $3,950.00. 153D—Repayment of waterworks transfer, $5,500.00. ($12,723.00 of this appropriation shall be paid from Dock Operation Fund and $8,000.00 from miscellaneous dock revenues). Group XIV. Waterworks. 149A—Administration, $22,615.00. 149B—Operation, $155,855.00. (This de- partment is operated from its receipts and is not supported by tax levy, hence no appropriation from taxes is made, but the foregoing amounts are appropri- ated from the revenues of such department). Paragraph 662. General miscellane- ous revenues. Section 4. General mis- cellaneous revenues which are collect- ed during the fiscal year shall be allo- cated to the departments and pur- Poses as provided for herein and shall be used for the Payment of the ex- penses of such departments and pur- poses In the sums herein shown. Paragraph 663. Surplus. Section 5. Any surplus not specifically allocated for a definite purpose in the budget and which may exist in either the General Fund or miscellaneous rev- enues account shall be and the same is hereby appropriated and set apart to be applied as contingencies arise or may be used for such proper pur- poses as the Council may determine upon. Any surplus not specifically dis- tributed in the budget and remaining In funds created by the levy of spe- cial taxes shall be and the same is hereby appropriated for any proper Purpose incident to such funds. Any surplus remaining in any fund at the close of the fiscal year 1937-1938 (ex- cept taxes which have been levied for special purposes) shall be transferred into and become a part of the Gen- eral Fund. Nothing herein contained shall authorize the transfer of funds realized from special taxes to a fund or purpose for which any special tax levy has been made, except only with the approval of the State Comptroller. Paragraph 664. Receipts from swim- ming pool. Section 6. All receipts from the operation of the swimming pool shall be allocated to a special fund to be used only for the redemption of outstanding general fund warrants and the payment of interest thereon. Paragraph G65. Emergency Fund. Section 7. Transfers of money may be made from the Emergency Fund to any other fund for the purpose of meeting deficiencies in any such fund arising from any cause; provided, however, that no such transfer shall be made except upon the written ap- proval of the State Comptroller and then only when such approval is unanimously requested by the City Council. Paragraph 666. Delinquent taxes. Section 8. Delinquent prior years tax- es shall be allocated to the respective funds entitled to the same when and as the same are received by the City Treasurer. Paragraph 667. Distribution. Section 9. That the distribution and division of the within appropriation shall be made, in accordance with the budget of the City Council adopted on March 22, 1938, which budget is made a part of this ordinance by reference thereto and shall be considered in connection with the expenditures of said appro- priations. Paragraph 668. Emergency clause. Section 10. This ordinance, in the in- terest of the preservation of public health, safety ngeneral ofDubuqea the inhabitants thereof 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 pub- lication as provided by law, and the appropriations herein provided for shall be available when transferred to their respective funds. Passed upon first and second read- ings this 22nd day of March, 1938. Passed, adopted and approved upon final reading this 29th day of March, 1938. JOHN K. CHALMEMayor. CARL A. CLARK, M. R. KANE, GEO. R. MURPHY, A. M. BENNE`ouncilmen. ATTEST: J. J. SHEA, City Clerk. 76 Special Session, March 29th, 1938 published officially in The Tele- graph -Herald newspaper, March 30th, 1938. J. J. SHEA; 3-30-1t. CIty Clerk. Councilman Bennett moved the adoption of the ordinance. Second- ed by Councilman Clark. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Resolution No. 23-38 Whereas, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: Now, therefore, Be it resolved by the Council of the City of Dubuque that the following applications be and the same are hereby approved and it is ordered that the premises to be occupied by such applicants shall be forthwith inspected. CLASS "B" PERMIT Andy Reiter (Transfer of ad- dress from 2319 Prince St.), 461 8th Avenue. Henry Crimme (New), 310 East 30th Street. Passed, adopted and approved this 29th day of March,, 1938. JOHN K. CHALMERS, Mayor, CARL A. CLARK, M. R. KANE, GEO. R. MUP,PHY, A. M. BENNE'" f, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Clark moved the ad- option of the resolution. Second- ed by Councilman Kane. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None, Resolution No. 24-38 Whereas, heretofore applications were filed by the within named applicants for Beer Permits and they received the approval of this Council; and Whereas, the premises to be oc- cupied by them have been inspect- ed and found to comply with the ordinance of this City and they have filed a proper bond: Now, therefore, Be it resolved by the Council of the City of Dubuque that t Manager be and he ihe s hereby he rected to issue to the following named persons a Beer Permit. CLASS "B" PERMIT Andy Reiter (Transfer of ad. dress from 2319 Prince St.), 461 8th Avenue. Henry Grimme (New), 310 East 30th Street. CLASS "C" PERMIT Erwin Grab (Renewal), 1575 Cen. tral Avenue. Be it further resolved that the bonds filed by such applicants 4e and the same are hereby approved. Passed, adopted and approved this 29th day of March, 1938. JOHN K. CHALMERS, Mayor, CARL A. CLARK, M. R. KANE, GEO. R. MURPHY, A. M. BPJNNETT, Councilmen. Attest: J. J. SHEA, City Cleric. Councilman Clark moved the ad- option of the resolution. Secondkd by Councilman Kane. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Councilman Clark moved that the Works Progress Administration be requested to reopen Project Num- ber 2274 and Project Number 2956 and that the Mayor be empowered to sign the proper applications. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy, Nays—None. There being no further business, Councilman Kane moved to ad- journ. Seconded by Councilman Clark. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. J. J. SHEA, City Clerk. -n ., i �. ;y� �gf Regular Session, April 4th, 1938 77 City Council (Official) Regular Session, April 4th, 1938. Council met at 7:45 P. M. Present—Mayor Chalmers, Coun- cilmen Bennett, Clark, Kane, Mur- phy, City Manager Rhomberg. Mayor Chalmers stated that this is the regular monthly meeting of the City Council and also the first meeting of the fiscal year for the transaction of such business as may properly come before the meeting. Communication of Albert Whar- ton submitting his resignation as a member of the Dubuque Dock Commission because of his recent election to the City Council, pre- sented and read. Councilman Bennett moved that the resignation be accepted. Sec- onded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays—None. Mayor Chalmers administered the oath of office t o the n e w l y elected members, Frank W. Thomp- son, Frank Van Duelman and Al- bert Wharton, whereupon Mayor Chalmers and Councilmen A. M. Bennett and Mark R. Kane retired and the new Council went into session. Councilman Murphy moved that Councilman Clark be elected as Mayor for the ensuing year. Sec- onded by Councilman Van Duel - man. Carried by the following vote: Yeas — Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Councilman Clark not voting. The oath of office was adminis- tered to Mayor Clark by the City Clerk, whereupon Mayor Clark took the Mayor's chair. Communication of Al. J. Nelson submitting application for the of- fice of City Solicitor, presented and read. Councilman Murphy moved to re- fer the communication to the City Council. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote: Yeas—Mayor Clark, Councilmen V Murphy, Thompson, an Duelman, Wharton. Nays—None. Communication of J. E d w a r d Whelan submitting application for the office of Police Judge, present. ed and read. Councilman Murphy moved to re- fer the communication to the City Council. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Communication of Ray E. Lick- lider submitting application for the office of Police Judge, presented and read. Councilman Murphy moved to re- fer the communication to the City Council. Seconded by Councilmdn Van Duelman. Carried by the fol- lowing vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Communication of George W. Hird submitting application for the office of Police Judge, presented and read. Councilman Murphy moved to re- fer the communication to the City Council. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Communication of Milton J. Glenn submitting application for the office of Police Judge, present- ed and read. Councilman Murphy moved to re- fer the communication to the City Council. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Communication of James M. Beidler submitting application for the office of Assessor for Julien Township, presented and read. Councilman Murphy moved to re- fer the communication to the City Council. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Councilman Murphy moved that the Council recess for the purpose of considering the various applica- tions. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote: Regular Session, April 4th, 1938 78 Yeas—Mayor Clark, Councilmen from the Water Works Administra- Murphy, Thompson, Van Duelman, tion Fund. Passed, adopted and approved Wharton. Nays—None. this 4th day of April, 1938. Council recessed 'at 8:00 P. M. CARL A. CLARK, for the purpose of considering the Mayor. various applications Sled for var- FRANK AN DUELMAN, ious offices. Council reconvened at ALBERTON, 8:50 P. M. R MURPHY Verbal request of Ray E. Lick- F. W. THOMPSON, lider for the withdrawal of his ap- Councilmen. plication for the office of Police Attest: J. J. SHEA, Judge, presented. City Clerk. Councilman Murphy moved that Councilman Murphy moved the the request be granted. Seconded adoption of the resolution. by Councilman Van Duelman. Car- Councilman Wharton requested ried by the following vote: that the City Council vote on the Yeas—Mayor Clark, Councilmen appointment for each office separ. Murphy, Thompson, Van Duelman, ately. Wharton. Appointment of A. A. Rhomberg Nays—None. for the office of City Manager: Verbal request of J. Edward Carried by the following vote: Whelan for the withdrawal of his Yeas—Mayor Clark, Councilmen application for Police Judge, pre- Murphy, Thompson, Van Duelman, sented. Wharton. Councilman Murphy moved that Nays—None. the request be granted. Seconded Appointment of Al. J. Nelson for by Councilman Van Duelman. Car- the office of City Solicitor: Car- ried by the following vote: ried by the following vote: Yeas—Mayor Clark, Councilmen Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Murphy, Thompson, Van Duelman. Wharton. Nays—Councilman Wharton. Nays—None. Appointment of J. J. Shea for the Resolution No. 25-38, office of City Clerk: Carried by A resolution providing for the the following vote: Teas—Mayor Clark, Councilmen appointment of officers of the City of Dubuque; prescribing their sal- Murphy, Thompson, Van Duelman, aries and fixing their bonds. Wharton. Be It Resolved by the City Coun- Nays—None. cil of the City of Dubuque that the appointment of Milton J. Glenn following officers be appointed to for the office of Police Judge: Car - serve during the fiscal ried by the following vote: 1939, subject, however, to the rightYeas—Mayor Clark, Councilmen of the Council to declare such of- Murphy, Thompson, Van Duelman, fices vacant or remove the officers Wharton. therefrom at the pleasure of the Nuys—None. Council with or without cause, and Appointment of George Bennett to be paid the following compensa- for the office City Assessor: tion proided for in the budget as Carried by the following vote: o adopted for the fiscal year 1938- Peas—Mayor Clark, Councilmen 1939, and the following bonds shall Murphy, Thompson, Van Duelman, be provided by such officers at the Wharton. expense of the individual officer: City Manager, Nays—None. A. A. Rhomberg, salary, $5,500.00, bond Mayor Clark then administered $5,000.00; City Solicitor, Al. J. Nelson the oath of office to the newly ap- salary $3,600.00, bond $1,000.00; pointed officers: A. A. Rhomberg, City Clerk, J. J. Shea, salary $2,400.00, City Manager; Al. J. Nelson, City Solicitor; bond $1,000.00; Police Jude Judge, J. J. Shea, City Clerk; Milton Mil- ton J. Glenn, sala to" J..00; ry $1,500.00, J. Glenn, Police Judge, and bond B Bennett, salary Assessor, George George Bennett, City Assessor. April 4, 1938. be flied b as provided by law Y Board To the Honorable Mayor and Cite visors and of Super- by Dubuque Council, Dubuque, Iow. Iowa:. tY, bond $500.00. Coun As City Manager of Be It Further Resolved that the salary the City of Dubuque, I beg to ad - of the Cit be paid as follows; Manager shall vise you that I have appointed the following me as $4400.00 from the General F und and $1,100.00 persons to assist officers and employees in the or - derly administration of the cite Regular Session, April 4th, 1938' 79 government of this City and of the various departments thereof, said officers and employees to be under my supervision, direction and con- trol and their appointments to con- tinue during the pleasure of the Manager, and they -shall be paid such salaries as are set up oppo- site their names and in accordance with the budget approved by the City Council for the fiscal year, 1938-1939: City Auditor— R. P. Marshall ..................$2,450.00 City Treasurer— Otto F. Puls........................ 2,400.00 Building Commissioner— H. H. Howie ...................... 3,000.00 Health Director— Dr. W. J. Connell............ 1,800.00 Market Master— Charles McCarthy ............ 1,400.00 Recreation Director— Carl Grabow .................... 2,250.00 All other employees of depart- ments at present engaged therein in accordance with the budget of 1938-1939 have been reemployed by me and will continue to 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 Murphy moved that the communication of City Man- ager Rhomberg be made a matter of record. Seconded by Council- man Van Duelman. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 26-38. A resolution selecting the offic- ial newspaper of the City of Du- buque. Be it resolved by the City Coun- cil of the City of Dubuque that the Telegraph -Herald, 'a daily news- paper of general circulation in the City of Dubuque, be and it is here- by designated and appointed the official newspaper of said City. Passed, adopted and approved this 4th day of April, 1938. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Murphy moved the adoption of the resolution. Second. ed by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor ,Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 27-38. A resolution designating the de- positories for public funds of the City of Dubuque. Be It Resolved by the City Coun- cil of the City of Dubuque that the following banks be appointed de- positories of the public funds, and the City Treasurer is hereby auth- orized to distribute such funds in such banks in amounts not to ex. ceed the following: First National Bank, $175,000.00; American Trust and Savings Bank, $150,000.00; Du- buque Bank and Trust Company, $100,000.00. Be it Further Resolved that the City Treasurer be and he is here- by directed to file with the County Treasurer of Dubuque C o u n t y, Iowa, a list of such depositories and to keep such list on file with such County Treasurer at all times. Passed, adopted and approved this 4th day of April, 1938. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 28-38. A resolution appointing the Board of Review and fixing the compensation of the m e m b e r s thereof. Be It Resolved by the City Coun- cil of the City of Dubuque that the following named persons be ap. pointed the Board of Review of the City of Dubuque for the year 1938: JOHN H. WEIMER EUGENE FORWARD ROBERT CLANCY Be It Further Resolved that each of the above named members of said Board of Review be paid the sum of $200.00 in full compensation 80 Regular .Session, April 4th, 1938 to be rendered by 2-5 of Out Lot 461 and the North. for all services of their erly 1/s of the North 1-5 of Out Lot them in the performance said sums to be paid frofn 456, presented and read. duties, General Fund. Councilman Murphy moved to the Passed, adopted and approved refer the Notice of Levy and Sale 4th day of April, 1938. to the City Solicitor. Seconded by this CARL A. CLARK, Councilman Van Duelman. Carried Mayor. by the following vote: FRANK VAN DUELMAN, Yeas—Mayor Clark, Councilmen ALBERT WHARTON, Wharton. Thompson, Van Duelman, GEO. R. MURPHY, F. W. THOMPSON, Nays—None. Councilmen. March 30, 1938. Attest: J. J. SHEA, City Council, City of Dubuque, City Clerk. Dubuque, Iowa. Councilman Murphy moved the Gentlemen: Enclosed you will adoption of the resolution. Sec- find a certified copy of our auth- onded by Councilman Van Duel- ority to transact the business of man. Carried by the following Fidelity and Surety Insurance in vote: the State of Iowa, which we wish Yeas—Mayor Clark, Councilmen to file in accordance with Section Murphy, Thompson, Van Duelman, 12760 of the Iowa Revised Code of Wharton. 1935. Nays—None. Please acknowledge receipt of Continuation Certificates on the this certificate. A self-addressed bonds of J. J. Shea, City Clerk; postcard is enclosed for your use. Robert P. Marshall, City Auditor; Yours very truly, Milton J. Glenn, Police Judge, pre- MUTUAL SURETY COMPANY sented for approval. OF IOWA. Councilman Murphy moved that Russell F. Lundy, the Continuation Certificates be ap- President. proved and placed on file. Second- Councilman Murphy moved that ed by Councilman Van Duelman. the communication be made a mat - Carried by the following vote: ter of record. Seconded by Coun- Yeas—Mayor Clark, Councilmen cilman Van Duelman. Carried by Murphy, Thompson, Van Duelman, the following vote: Wharton. Nays—None. Yeas—Mayor Clark, Councilmen Bond of Waldo Adams in the Murphy, Thompson, Van Duelman, Wharton. amount of $1,000.00 as Park Com- Nays—None. missioner, presented for approval. Petition of Ed. Kirchhoff request - Councilman Murphy moved that the bond be approved and placed ing a refund in the amount of on file. Seconded by Councilman $25.00 on his cigarette permit as he has discontinued his business at Van Duelman. Carried by the fol- lowing vote: 623 Main Street, presented and Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, read. Councilman Murphy moved that Wharton. the request be q granted and that a Nays—None. warrant in the amount of $25.00 be s. Claim of Mrs. Walter Boettcher al ordered drawn on the City Treas- in the amount 1 for personal personal urer in favor of Ed. Kirchhoff to injuries received a fall is y cover the amount of refund grant - sidewalk in front of property lo- ed. Seconded by Councilman Van cated at 2355 Roosevelt Street, Duelman. Carried by the following presented and read. vote: Councilman Murphy moved to Teas—Mayor Clark, Councilmen re- fer the claim to the City Solicitor. Murphy, Thompson, Van Duelman, Seconded by Councilman Van Duel- Duel - Wharton. man' Carried by the following Nays—None. vote: Yeas—Mayor Clark, Petition of Mrs. Margaret E. Ho- Councilmengan, Murphy, Thompson, Van Duelman, referred to the City Council by the Board of Supervisors, re - Wharton. questing the suspension of the 1937 Nays—None. taxes on the North 1/2 of City Lot Notice of Levy and Sale 326, Presented and read. of D Bates as Receiver of Union Trust Murphy moved to and Savings Bank, Plaintiff, versus Emma re eruthel eti tion toCity Solic- Band Schmid et al., on the North itor for investigation report. Seconded by Councilman Van Duel- Regular Session, April 4th, 1938 81 man. Carried by the following CLEF 2202194, Continental. Casual - vote: ty Co. Yeas—Mayor Clark, Councilmen William C. Leik,; 501 Rhomberg Murphy, Thompson, Van Duelman, Avenue; Policy No. 0. L. & T. Wharton. 2202193, Continental Casualty Com- Nays—None. pany. Communication of Wm. Green, Adam Zillig, 1347 Central Ave - President, American Federation of nue, Policy No. ILO 55822, Great Labor, acknowledging receipt of American Indemnity Company. invitation to attend the celebration A. G. Peryon (Peryon's Phar - in observance of the Fiftieth Anni- macy), 257 8th Avenue; Policy No. versary of the Dubuque Trades and GPL 108009, Massachusetts Bond - Labor Congress, presented and ing & Insurance Co. read. Falkenhainer Drug Company, Councilman Murphy moved to re- 1097 Julien Avenue; Policy No. GL ceive and file the communication. 9845, Utilities Insurance Company. Seconded by Councilman Van Al. Burgmeier (The Chicago-Du- Duelman. Carried by the following buque Motor Transportation Co.), vote: 261 Iowa Street; Policy No. GPL Yeas—Mayor Clark, Councilmen 108008, Massachusetts Bonding & Murphy, Thompson, Van Duelman, Insurance Co. Wharton. Galloway Company, Inc., 103 Nays—None. Main Street; Policy No. PL 43233, April 4, 1938. Bituminous Casualty Corporation. To the Honorable Mayor and City Coca-Cola Bottling Co. Signs at Council, Dubuque, Iowa. the following locations: Irwin Gentlemen: This is to a d v i s e Restaurant, 113 Main Street; Car - that I have approved the following amel Crisp Shop, 708 Main Street; bonds and policies and desire to Geo. Ketoff Grocery, 1897 Seminary have your approval on same for Street; Checkerboard Cafe, 245 West 10th Street; Coca-Cola Bot - Sling: tling Co., Inc., 441.459 White EXCAVATION. Street. Policy No. GL 457170, Nesler & Buechel, 1043 Main Hartford Accident & Indemnity Street; Bond No. 56025, Continen- Co. tal Casualty Co. Corbett & Scott, 14th and White Mullen Brothers Company, 1036 Streets; Policy No. 42566, Farmers Main Street; Bond No. 53481, Con- Union Mutual Automobile Insur- tinental Casualty Co. ance Co. Curtis -Straub Company, 1069 Montgomery Ward & Co., 8th Main Street; Bond No. 3717792 Fi- and Main Streets; Bond No. 832879, delity & Deposit Co. Globe Indemnity Company. Edward T. Cleaver, 1135 Main Gust B i i l i s , 6th and Main Street; Bond No. 735674, The Fi- Streets; Bond No. 125287, Western delity & Casualty Co. of N. Y. Surety Company. The Key City Gas Company, 669 J P Horton, 7th and Main Main Street; Bond No, 735674, The Streets; Bond No. C-171724, Massa - Fidelity & Casualty Co. of N. Y. chusetts Bonding &Insurance Co. SIGNS. Dubuque Implement Company, 57 C e n t r a l Motor Company, 453 Main Street; Bond No. 71888-K, American Surety Co. of N. Y. 8th Avenue; Policy No. PL 43249, Bituminous Casualty Corporation. John Muntz, 36 West Fourth Mathey Motors Company, 501-541 Street; Bond No. 6953, Merchants White Street; Policy No. OPW435, Mutual Bonding Co. Central Surety & Insurance Cor- Charles F. Meyers, 5 8th Ave- 12275, Fidelity & poration. nue; Bond No. G. H. Holscher (H o l s c h e r' s Deposit Co. Apothecary), 1101 Main Street; L. R. Patch. Sign at Eiseneg- Policy No. OLT 5327, Fireman's ger's Old Style Restaurant, 11th Fund Indemnity Co. and Iowa Streets; Policy No. 20GL Carl J. Smith (Triangle Hatch- 1666, Aetna Casualty & Surety Co. ery), 1451 Central Avenue; Policy Zoller Brewing Co. Sign at Bar - No. LP 3151, Fireman's Fund In- rington & Miller, 250 West First demnity Co. 0, Hartford 077, Policy No. 4435ccident G o o d m a n' s Incorporated, 704 Accident &Indemnity Main Street; Policy No. ILO 55816, Car &Tractor Co., 930 Great American Indemnity Co. Universal GL Centralaux, 220 pol ThHoosier Casualty Co. Ws t NintheS Street;E. policy No. 3423 Regular Session, April 4th, 1938 82 CANOPY same have been examined: Now, ' Paul J. Weitz, Theatre at 1111 Maryland Cas Be It Resolved by the Council West 14th Street; of the City of Dubuque that the fol. ualty Co. Respectfully submitted, lowing applications be and the A. A. RHOMBERG, same are hereby approved and it City Manager. is ordered that the premises to be Councilman Murphy moved that occupied by such applicants shall be forthwith inspected. the bonds and policies be approved and placed on file. Seconded by CLASS "B" PERMIT Councilman Van Duelman. Carried Frank R. Gregory (Transfer of by the following vote: Yeas—Mayor Clark, Councilmen address from 1105 Julien), 1120 Julien Avenue. Murphy, Thompson, Van Duelman, Jacob Hedrick (new), 1236 Iowa Wharton. Street. Nays—None. Annual report of City Solicitor Alvin Lee (new), 701 Central Avenue. Czizek for -the fiscal year, 1937- 1938, presented. passed, adopted and a Pproved Councilman Murphy moved that this 4th day of A r Ail, 1938. the report be received and placed CARL A. CLARK, on file. Seconded by Councilman Mayor. Van Duelman. Carried by the fol- FRANK VAN DUELMAN, lowing vote: ALBERT WHARTON, Yeas—Mayor Clark, Councilmen GEO. R. MURPHY, Murphy, Thompson, Van Duelman, F. W. THOMPSON, Wharton. Councilmen. Nays—None. Attest: J. J. SHEA, Resolution No. 29-38 City Clerk. Be It Resolved by the City Coun• Councilman Alurphy moved the adoption of the resolution. Sec. cil of the City of Dubuque that the onded by Councilman Van Duel. following, having complied with man. Carried by the following the provisions of law relating to vote: the sale of cigarettes within the yeas—Mayor Clark, Councilmen City of Dubuque, be granted a per- Murphy, Thompson, Van Duelman, mit to sell cigarettes and cigarette Wharton. papers within said City and the Nays—None. Manager is directed to issue such permit on behalf of said City. Resolution No. 31-38 Jacob Hedrick, 1236 Iowa Street. Whereas, heretofore applications Be It Further Resolved that the were filed by the within named ap- bond filed with the application be plicants for Beer Permits and they approved. received the approval of this Coun. Passed, adopted and approved cil; and this 4th day of April, 1938. Whereas, the premises to be oc. CARL A. CLARK, cupied by them have been inspect - Mayor. FRANK VAN 1)UELMAN, ed and found to comply with the ALBERT WHARTON, ordinances of this City and they GEO. R. MURPHY, have filed a proper bond: Now, F. W. THOMPSON, Therefore, Councilmen. Be It Resolved by the Council Attest: J. J. SHEA, of the City of Dubuque that the City Clerk. Manager be and he is hereby Councilman Murphy moved the directed to issue to the following adoption of the resolution. Second- named persons a Beer Permit. ed by Councilman Van Duelman. Carried by the following CLASS "B" PERMIT vote: Yeas—Mayor Clark, Frank R. Gregory (transfer of Councilmen Murphy, Thompson, Van Duelman, address from 1105 Julien), 1120 Julien Avenue. Wharton. Nays—None. Jacob Hedrick (new), 1236 Iowa Street. Resolution No. 30-38 Alvin Lee (new), 701 Central Whereas, applications for Beer er Permits have been Avenue. Be It Further Resolved that the submitted this Council for approval bonds filed by such applicants be and the and the same are hereby approved. Regular Session Passed, adopted and approved this 4th day of April, 1938. CARL A., CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Murphy moved the adoption of the resolution. Sec- onded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Councilman Wharton moved that Thomas M. Stampfer be appointed as a member of the Dock Board to fill the unexpired term of Albert Wharton, recently resigned on ac- count of being elected as a member j of the City Council, said term to expire November 26th, 1940. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Councilman Wharton moved that Curtis S. Harker be appointed as a member of the Civil Service Com- mission for the term expiring March 31st, 1944. Seconded by Councilman Van Duelman. Car- ried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Councilman Murphy moved to suspend the rules for the purpose of allowing any one present in the Council Chaniber, who wishes to do so, to address the Council. Sec- onded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Messrs. Charles Spielman and Harry Lewis addressed the Council relative to the rates charged by the Interstate Power Company for bus fare and requesting that the City Council regulate said charge. Mr. Geo. P. Siegworth addressed the Council making inquiry as to when bus service would be started Oil Dodge Street between Bryant Street and Grandview Avenue, City Manager Rhomberg advised Mr. Siegworth that bus service would be started on Dodge Street be - April 4th,. 1938 83 tween Bryant Street and Grand- view Avenue just as soon as an ordinance can ,be prepared and adopted. Councilman Murphy moved that the matter of regulating the charge made by the Interstate Power Com- pany for bus fare be referred to the City Solicitor for to submit a re- port back to the City Council. Sec- onded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. There being no further business Councilman Murphy moved to ad- journ. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. J. J. SHEA, City Clerk. Approved2....10-I�1938. Adopted ..`30;t 4A938. l.. G Councilmen: ...... ............................. ... ... ....... ..,,. ... .: Attest: .......... ...�.(:... z; o" . (� City Clerk. Special Session, April 19th, 1938 the bond be approved and placed CitYcouncil on file. Seconded by Councilman Van Duelman. Carried by the fol. (official) lowing vote: April 19th, 1938. Yeas—Mayor Clark, Councilmen Special Session, met at 8:00 P. M.Murphy, Thompson, Van Duelman Council Present—Mayor Clark, Council- Thompson, Van Duel- Wharton. Nays—None. men Murphy, Wharton, City Manager Notice of Suit of Ruth man, Robo hem in the amount of $5,000 by order of Coun- for personal injuries received in a Meeting called Van Duelman and Murphy. fall on icy sidewalk in front of cilmen Mayor Clark read the call and Royal Cafe at 16th and Central stated that service thereof had Avenue, presented and read. been duly made and that this meet- Councilman Murphy moved to re- ing is called for the purpose of con- fer the Original Notice of Suit to sidering for adoption a resolution the City Solicitor. Seconded by transferring the balance of $807.01 Council an VanDuelman. Carried remaining in the Playground Sink- following vote: Ing Fund to the General Fund as Yeas—Mayor Clark, Councilmen provided in Section 387 of the 1935 Murphy, Thompson, Van Duelman, Code of Iowa and acting on any Wharton. Nays—None. other business as may properly April 15, 1938. come before a regular meeting of Honorable Mayor, City Manager the City Council. and the City Council of Dubuque. Councilman Murphy moved to Gentlemen: The members of the suspend the rules for the purpose Greater Dubuque Association have of allowing any one present in the requested me to thank your Honor. Council Chamber, who wishes to do able Body for the progress you so, to address the Council. Sec- have made on erecting the city onded by Councilman Van Duel- street signs. man. Carried by the following We know the citizens of Dubuque vote: will join with us in our expression Yeas—Mayor Clark, Councilmen of thanks for the civic improve. Murphy, Thompson, Van Duelman, ment. Wharton. LEO N. THEISEN, Nays—None. Secretary. Attorney John J. Kintzinger pre. sented and read the petition of Councilman Murphy moved that B. C. Schmid et al residents and the communication be made a mat. citizens of the City of Dubuque, ter of record. Seconded by Council - Iowa, requesting that Ordinance man Van Duelman. Carried by the No. 192 be either repealed or following vote: amended so as to give the occu- yeas—Mayor Clark, Councilmen pants and owners of the property In the district designated as the Wharton, public market the same and equal Nays—None. rights that parties have to display Petition of Felix G. Becker and; and sell merchandise on the por- E. J. Voggenthaler requesting that tion of the sidewalks in said public Wall Street commencing with the market district next to the curb, south line of East Seventh Street presented and read. to the westerly line of the railroad Attorney John J. Kintzinger and tracks crossing Blocks 19 and 20 in Messrs. Paradiso and Pusateri ad- D u b u q u e Harbor Improvement dressed the Council requesting that Company's Addition be vacated and the prayer of the petition be also to grant and convey the north - granted, easterly half of such vacated por- Councilman Thompson moved to refer the tion of street to said E. J. Voggen- thaler petition to the City Coun- cil for further and also to grant and con- the consideration. Sec- onded by Councilman vey southwesterly half of such Murphy. Car- ried by the following vacated portion of street to Felix G. Becker, vote: Yeas—Mayor Clark, Councilmen Murphy presented and read. Councilman Murphy moved that Thompson, Van Duelman Wharton. , the request be referred to the City Nays—None, Council to view the grounds and the petition be referred to the Bond of Al. J. Nelson as City Solicitor in the amount Planning and Zoning Commission for their recommendation and re- of 1 presented Por approval, $ 000.00 Prov port. Seconded by Councilman Van Councilman Murphy moved Duelman. Carried by the following that vote: Special Session, April 19th, 1938 85 Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of Mrs. Anna Boesen, re- ferred to the City Council by the Board of Supervisors, requesting suspension of the 1937 taxes on the south 15 feet 2 inches of Lot 255 and all of Lot 256 in East Dubuque Addition, presented and read. Councilman Murphy moved to re- fer the petition to the City Solic- itor for investigation and report. Seconded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of Peter Haupert, re- ferred to the City Council by the Board of Supervisors, requesting suspension of the 1937 taxes on Lots 3, 4 and 5 of Buseman and Eberl's Sub., presented and read. Councilman Murphy moved to re- fer the petition to the City Solicitor for investigation and report. Sec- onded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of Joe Costa requesting a refund on his cigarette permit as he has discontinued his business as of March 31st, 1938, presented and read. Councilman Wharton moved that the request be granted and that a warrant in the amount of $25.00 be ordered drawn on the General Fund in favor of Joe Costa to cover the amount of refund granted on his cigarette permit. Seconded by Councilman Murphy. Carried by following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. April 11, 1938. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I am submitting herewith reports of the City Auditor, Citi' Treasurer and City Water Department for the month of March, 1938, also annual report of the City Treasurer for fiscal year beginning April 1, 1937 and ending March 31, 1938, to- gether with list of claims and list of payrolls for which warrants were drawn during the month of March, 1938. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Murphy moved that the reports be received and placed on file. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote. Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. April 19, 1938. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the meeting of the City Coun- cil held March 7, 1938 the petition of Homer V. Butt requesting per- mission to construct a concrete and brick platform extending about two feet onto the street at 133-135 West 12th Street was referred to the City Manager and Building Commissioner for investigation and report. We have examined the proposed plans for the platform and recom- mend that the request of Mr. Butt be granted and that the proper ordinance be drafted to cover the installation of the improvement. Respectfully submited, A. A. RHOMBERG, City Manager. H. H. HOWIE, Building Commissioner. Councilman Van Duelman moved that the recommendation of City Manager Rhomberg and Building Commissioner Howie be approved and the City Solicitor to be in- structed to prepare an ordinance covering the same. Seconded by Councilman Murphy. Carried by the following vote. Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 32-38 PRIMARY ROAD EXTENSIONS CITIES AND TOWNS Be it resolved by the City Coun- cil of the City of Dubuque, Iowa, 1. That pursuant to the provi- sions of Section 4755-b29 of the Code and Chapter 154 of the Laws of the 47th General Assembly of the State of Iowa, we hereby ap- prove and consent to the main- tenance of all primary road exten- sions within said City during the Special Session, April 19th, 1938 86 year 1938, by the State Dubuque, Iowa, this 19th, day of calendar Highway Commission, as herein- 8. April, 1 CARL A. CLARK, after set forth. That the approval and con- Mayor. 2. sent herein given' for the main- Attest: J. J. SHEA, Cy lerk tenance of said primary road ex City Resolution approved aaccept- tensions within the said is based on the assump- p - ed by the Iowa State Highway Dubuque tion and understanding that said Commission on the................day of maintenance to be done by the Highway Commission will be ••. ••••..•••••• ....... 19 ............. Councilman Th State paid for by the State Highway the adopion theresosomoved Commission out of the primary Seconded by Councilman Murphy. road fund, and that no charge will Carried by the following vote. be made against the City of Du- Yeas—Mayor Clark, Councilmen buque on account of such main- Murphy, Thompson, Van Duelman, tenance performed or to be per- Wharton. formed by the State Highway Com- Nays—None. mission on the said primary road Resolution No. 33-38 extensions within the said City of Whereas, the Playground Ygi•ound Sink- ing Fund has heretofore been cre- 3. That the maintenance to be ated for the sole purpose of retir- done by the State Highway Com- ing indebtedness In the amount of mission on the primary road exten- $27,500.00, plus interest, which was sions within the City of Dubuque authorized by the electors on No - shall include the usual surface vember 6, 1928 for the purpose of maintenance, roadbed repairs, re- the Juvenuile Playground, now pairs to bridges, culverts and guard known Comiskey Fieldd;;a and rail, and other maintenance usually Whereas, on December 1, 1937 performed on primary roads out the last remaining principal and in- side of cities and towns. That on terest was retired and there are streets or portions of streets which no obligations against the Play - are curbed, the maintenance, ex- ground Sinking Fund: now, There- cept snow removal, shall extend fore, from curb to curb. That the main- Be it resolved by the City Coun- tenance of such primary road ex- tensions shall include plowing the cil of the City of Dubuque, Iowa, snow from the full width of the that the necessity of maintaining pavement or other surfacing, pro- the Playground Sinking Fund has vided that if the pavement or other ceased to exist and that the bal- surfacing is more than thirty feet ante of $807.01 remaining therein In width, then the Highway Com- be transferred to the General Fund mission will plow the snow from as provided in Section 387 of the traveled way only about thirty 1935 Code of Iowa and that the Au - Au - feet feet in width. ditor and Treasurer be notified to 4. That the maintenance of such correct their books accordingly. road extensions by the Highway Passed, adopted and approved Commission shall not include this 19th, day of April, 1938. (a) The loading and hauling CARL A. CLARK, away of snow which is plowed off to the side of the traveled Mayor. FRANK VAN DUELMAN, portion of the roadway. ALBERT WHARTON, (b) Thesprinkling o f the streets. GEO. R. MURPHY, F. W. THOMPSON, (c) The sweeping of the streets. Councilmen. Attest: J. J. SHEA, (d) The maintenance or repair City Clerk. Of any sewers, water pipes or other Councilman Murphy moved the services under the traveled sur- face of the roadway adoption of the resolution. S'ec- Duel - onded by Councilman Van Duel or an incident thereto. Y costa man. Carried by the following 6. That this resolution vote. and the terms thereof shall become Yeas --Mayor Clark, Councilmen effec- tive upon the approval Murphy, Thompson, Van Duelmafl, and accept- ante thereof by the Wharton. Iowa State Highway Commission. Nays—None. Resolution a Resolution No. 34-38 by the Cit pproved and adopted Whereas, applications for Class Y Council of the City of 1 'B" Beer Permits have been sub- Special Session, April 19th, 1938 87 mitted to this Council for approval and the same have been examined: now, Therefore, Be it resolved by the Council of the City of Dubuque that the fol- lowing applications be and the same are hereby approved and it is ordered that the premises to be occupied by such applicants shall be forthwith inspected. CLASS "B" PERMIT J. Ray O'Brien (Transfer of ad- dress from 701 Central), 400 Iowa Street. H. A. Vandercook, Jr. (New), 1944 Central Avenue. F. A. Nelson (New), 431 Rhom- berg Avenue. Passed, adopted and approved this 19th day of April, 1938. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Murphy moved the adoption of the resolution. Sec- onded by Councilman Van Duel - man. Carried by the following vote. Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 35-38 Whereas, heretofore applications were filed by the within named applicants for Class "B" Beer Per- mits and they received the ap- proval of this Council; and Whereas, the premises to be oc- cupied by them have been inspect- ed and found to comply with the ordinances of this City and they have filed a proper bond: now, Therefore, Be it resolved by the Council of the City of Dubuque that the Man- ager be and he is hereby directed to issue to the following named persons a Beer Permit. CLASS "B" PERMIT J. Ray O'Brien (Transfer of ad- dress from 701 Central), 400 Iowa Street. H. A. Vandercook, Jr. (New), 1944 Central Avenue. F. A. Nelson (New), 431 Rhom- berg Avenue. Be it further resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 19th. day of April, 1938. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk, Councilman Murphy moved the adoption of the resolution. Sec- onded by Councilman Van Duel - man. Carried by the following vote. Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. To the Mayor and City Council of the City of Dubuque: Re; Lucile McAloon Vs. City of Dubuque, No. 28677—Law Gentlemen: Attached hereto please find stip- ulation and settlement of the above entitled case entered into March 16, 1938, and signed on behalf of the City of Dubuque, by M. H. Czizek, then City Solicitor, by the terms of which this case was set- tled on the payment of the sum of Three Hundred Eighteen and no 100 ($318.00) Dollars, to be paid by the following persons and organizations, as follows: $79.50 to be paid by defendant, City of Dubuque; $79.50 to be paid by J. J. Nagle Estate; $79.50 to be paid by Dubuque Post No. 6, American Legion; $79.50 to be paid by the Con- tinental Casualty Co., insurer of Dubuque Post No. 6, American Legion. Investigation discloses that this settlement was made after full con- ference between all of the parties to the stipulation and that the pay- ments to be made by the parties other than the City of Dubuque have been paid - I would accordingly recommend that the settlement made in ac- cordance with the enclosed stip- ulation be approved, and that a warrant in the sum of Seventy- nine and 50-100 ($79.50) Dollars, drawn upon the general fund, be issued in favor of Eldon P. Schrup, Attorney for Lucile McAloon, plain- tiff in this case. Respectfully AL. Ji NELSON, City Solicitor. Councilman Thompson moved that the recommendation of City :: cial Session, April 21st, 1938 Solicitor Nelson be approved and that a warrant in the amount of $79.50 be ordered drawn on the General Fund in favor of Eldon P. Schrup, Attorney for Lucile Mc- Aloon, as settlement in full of the City of Dubuque share in the suit of Lucile McAloon. Seconded by Councilman Murphy. Carried by the following vote. Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of Rev. B. Frommelt, Pastor, St. John the Baptist Church, Peosta, Iowa, requesting permission to erect a banner across Main Street between Eighth and Ninth Streets, presented and read. Councilman Van Duelman moved that the request be granted the erection of said banner to be done under the supervision of the Build- ing Commissioner. Seconded by Councilman Murphy. Carried by the following vote. Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. There being no further business Councilman Murphy moved to ad- journ. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote. Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. J. J. SHEA, City Clerk. Approved 3 �iN,,.1938. Adopted ,,. 4---4.1938. ePAlt.� Attest: 11 City Clerk City Council' (Official) Special Session, April 21st, 1938. Council met at 7:45 P. M. Present—Mayor Clark, Council. men Murphy, Thompson, Van Duel. man, Wharton, City M a n a g e r Rhomberg. Meeting called by order of Coun. cilmen Wharton and Murphy. Mayor Clark read the call and stated that service therof had been duly made and that this meet- ing is called for the purpose or considering petitions asking that Daylight Savings Time be adopted In Dubuque and acting on any other business as may properly come before a regular meeting of the City Council. Councilman Murphy moved to suspend the rules for the purpose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Sec- onded by Councilman Van Duel. man. Carried by the following vote. Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Dr. Henry J. Kaep presented and read petition signed by residents of the City of Dubuque requesting the City Council to proclaim Day- light Savings Time for the City of Dubuque. Mr. Leo A. Steffen presented and read communica- tions of Chas. T. Landon, Kraft's by Clarence C. Goerdt and J. F. Stampfer Co. by Thomas M. Stamp- fer advising the City Council that they favPr the proposed Daylight Savings Time plan. Petition of Board of Directors of Tavern Keepers Association protesting -against the Daylight Savings Time plan in the City of Dubuque, pre- sented and read. Councilman Murphy moved that the petitions and communications favoring Daylight Savings Time and also the petition protesting against Daylight Savings Time in the City of Dubuque be referred to the City Council for further consideration. Seconded by Coun- cilman Van Duelman. Carried by the following vote. Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Original Notice of Suit of Vin- cent Sowle in the amount of $20,- Special Session, April 21st, 1938 89 000.00 for personal injuries re- ceived in a fall on defective and icy steps leading from Cleveland Avenue Park to Bluff Street Ex- tension, presented and read. Councilman Murphy moved to re- fer the Original Notice of Suit to the City Solicitor. Seconded by Councilman Van Duelman. Carried by the following vote. Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Original Notice of Suit of Vin- cent Sowle in the amount of $20,000.00 for personal injuries re- ceived in a fall on defective and icy steps leading from. Cleveland Avenue Park to Bluff Street Ex- tension, presented and read. Councilman Murphy moved to re- fer the Original Notice of Suit to the City Solicitor. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Report of the Board of Health for the month of March, 1938, pre- sented. Councilman Thompson m o v e d that the report of the Board of Health for the month of March, 1938, be received and placed on file. Seconded by Councilman Murphy. Carried by the following vote** Yeas—Mayor Clark. Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 36-38 Be it resolved by the City Coun- cil of the City of Dubuque that it is deemed advisable to grant the Interstate Power Company a right- of-way and easement for the pur- pose of transmitting electric pow- er across or over the southeasterly 150' of Lot 593 in Eagle Point or Ham's Addition in the City of Du- buque, Iowa, and that it is deemed advisable to sell the southeasterly 150' of Lot 593 in Eagle Point or Ham's Addition in the City of Du- buque, Iowa, to Ernest Breithaupt for the sum of two hundred and seventy-five dollars ($275.00) and to execute a quit claim deed of such premises to said grantee sub- ject to the aforsesaid right-of-way or easement and deliver the same to him upon the payment of said Purchase price. Be it further resolved that the Mayor and Clerk of said City be and they are hereby authorized alit directed to execute said easement and said deed on behalf of the City of Dubuque and to affixe thereto the official seal of said City. Passed, adopted and approved this 21st day of April, 1938. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Wharton moved the adoption of the resolution. Second- ed by Councilman Van Duelman. Carried by the following vote. Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 37-38 Whereas, applications for Class "B" and Class "C" Permits have been submitted to this Council for approval and the same have been examined: now, Therefore, 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 FOR PRIVATE CLUB Dubuque Golf Club (New), End of Randall Place. CLASS "C" PERMIT F. W. Thompson (Renewal), 55 Locust Street. Passed, adopted and approved this 21st day of April, 1938. _ CARL A. CLARK, Mayor".. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Murphy moved the adoption of the resolution. Sec. onded by Councilman Van Duel - man. Carried by the following vote. Yeas—Mayor Clark, Councilmen Murphy, Van Duelman, Wharton. Nays—None. Councilman Thompson not vot- ing. Resolution No. 38-38 Whereas, heretofore applications were filed by the within named V) Special Session, April 21st, 1938 applicants for Class "B" and Class "C" Permits and they received the approval of this Council; and Whereas, the premises to be oc- cupied by them have been inspect- ed and found to comply with the ordinances of this City and they have filed a proper bond: now, Therefore, Be it resolved by the Council of the City of Dubuque that the Man- ager be and he is hereby directed to issue to the following named persons a Beer Permit. CLASS "B" PERMIT FOR PRIVATE CLUB Dubuque Golf Club (New), End Of Randall Place. CLASS "C" PERMIT F. W. Thompson (Renewal), 55 Locust Street. Be it further resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 21st day of April 1938. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON, Cou Attest: J. J. SHEAncilmen. City Clerk. Councilman Murphy moved the adoption of the resolution. Sec- onded by Councilman Van Duel - man. Carried by the following vote. Yeas—Mayor Clark, Councilmen Murphy, Van Duelman, Wharton. Nays—None. Councilman Thompson not vot- ing. Councilman Thompson moved that the City Council extend a let- ter of appreciation to the Amer- ican Legion Auxiliary upon the erection of the signs designating the routes to be taken in order to locate both the Finley and Mercy Hospitals. Seconded by Council- man Van Duelman. Carried by the following vote. Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. There being no further business Councilman Murphy moved to ad- journ. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote. Yeas—Mayor Clark, Councilmen i Murphy, Thompson, Van Duelman, Wharton. Nays—None. J. J. SHEA, City Clerk. Approved.0.1938. Adopted 3. ..1938. ........ ..4 Councilmen.- - – ..... ....... Attest: ..�,,..... p � .....�L� City Clerk. Special Session, April 25th, 1938 91 City Council (Official) Special Session, April 25th, 1938. Council met at 5:15 p. m. Present—Mayor Clark, Council- men Murphy, Thompson, Van Duelman, Wharton, City Manager Rhomberg. Meeting called by order of Coun- cilmen Van Duelman and Wharton. Mayor Clark read the call and stated that service thereof had been duly made and that this meet- ing is called for the purpose of considering petitions which have been referred to the City Council asking that Daylight Savings Time be adopted in Dubuque and acting on any other business as may prop- erly come before a regular meeting of the City Council. Communication of D u b u q u e Trades and Labor Congress advis- ing the City Council that at the regular meeting of the Dubuque Trades and Labor Congress held April 18th. that their organization went on record as being opposed to Daylight Saving Time presented and read. Communication of Black and White Cab and Transportation Company stating that they are sure that Daylight Saving Time would cause much confusion for people living in and near Dubuque, as Dubuque would be the only point for many miles using this time presented and read. Communication of Schmid Man- ufacturing Company and 46 other communications advising the City Council that they favor Daylight Saving Time for Dubuque present- ed and read. Communication of Tavern Keep- ers Association requesting the City Council to disregard their former letter in opposition to Daylight Savings Time, presented and read. Councilman Murphy moved that the rules be suspended for the purpose of allowing any one pres- ent in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Thompson. Carried by the follow- ing vote. Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Messrs. Louis Bray,. S. R. Hart- ley, Chas. Landon, Dan Patch, Leo Steffen and Attorney J. J. Kintz- inger addressed the Council re- questing that Daylight Saving Time be adopted for Dubuque. Messrs. Oscar Irmen, John Tauras and C. C. Kaufmann addressed the Council objecting to the adoption of Daylight Saving. Time for Du- buque. Mr. B. J. Hannan, Secre- tary of Dubuque Trades and Labor Congress addressed the Council stating that the communication of the Dubuque Trades and Labor Congress as presented contained the record of the meeting of the Dubuque Trades and Labor Con. gress held April 18th. as being op- posed to the adoption of Daylight Saving Time for Dubuque. Councilman Wharton moved that the Council determine by a vote of Yes or No as to whether Daylight Saving Time be adopted for the City of Dubuque. Seconded by Councilman Murphy. Councilman Van Duelman offered a substitute motion that action be deferred by the City Council and the question of adoption of Daylight Saving Time be submitted to a vote of the people at a time to be determ- ined by the City Council. No sec- ond received on the substitute mo- tion. Original motion of Council- man Wharton carried by the fol- lowing vote. Yeas—Mayor Clark, Councilmen Murphy and Thompson. Nays—Councilmen Van Duelman and Wharton. Councilman Murphy moved that all correspondence filed with the City Council on the question of Daylight Saving Time be received and filed. Seconded by Council- man Thompson. Carried by the following vote. Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Communication of B. C. Schmid tendering his resignation as a mem- ber of the Civil Service Commis- sion as the law requires that no man can run for public office while a member of the Civil Service Com- mission presented and read. Councilman Van Duelman moved that the resignation be accepted with regret. Seconded by Council- man Murphy. Carried by the fol- lowing vote. Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—none. Resolution Whereas, Mr. Albert Wharton has tendered his resignation as a 92 Special Session, April 25th; 1938 member of the Board of Dock Com- Passed, adopted and approved missioners, because he was elected this 25th day of April, 1938. a member of the City Council at CARL A. CLARK, the recent municipal election, and Mayor. can therefore not retain his place FRANK VAN DUELMAN, on this Board. ALBERT WHARTON, Whereas, His election as a mem- GEO. R. MURPHY, ber of the City Council is evidence F. W. THOMPSON, of the high esteem in which he is Councilmen. held by the public, and is a recog- Attest: J. J. SHEA, nition of the valuable services he City Clerk. has rendered in the past. Councilman Murphy moved the Therefore, be it resolved, by his adoption of the resolution. Second. colleagues on the Board of Dock ed by Councilman Van Duelman. Commissioners, that it is a matter Carried by the following vote. of deep and sincere regret to us Mayor Clark, Councilmen Murphy, that we shall no longer have the Thompson, Van Duelman, Wharton. benefit of his wise counsel, out- Nays—None. standing ability as a member, and Councilman Thompson moved that we desire to express our sin- that the Mayor be directed to issue cere appreciation of the splendid a Proclamation setting forth Day- service he rendered during the light Saving Time for the City of Past three years. We also extend Dubuque commencing the first Sun- to him our congratulations on his day in May, May 1st. 1938, to last election to the City Council, and Sunday in August, August 28th., best wishes for continued sucess in the new field of public service. 1938. Seconded by Councilman Murphy. Carried by the following We feel that the people of Du- vote. buque are fortunate indeed in hav- Ing Yeas—Mayor Clark, Councilmen a gentleman of such high character, unusual ability and self- Murphy and Thompson. Nays—Councilmen Van Duelman sacrificing spirit taking such an important part in municipal and Wharton. Councilman affairs. Van Duelman moved Be it f0ther resolved,—That a that Walter Rawson be appointed COPY of this resolution be spread as a member of the Civil Service on the minutes of the deliberations of this Commission, and that copies Commission to fill the unexpired term of B. C. Schmid, recently re- be forwarded to Mr. Wharton and the City signed. Seconded by Councilman Council. Wharton. J. A. Kerper. Councilman Murphy offered a Councilman Murphy moved that substitute motion that Alois Hoff- the resolution be made a matter mann be appointed as a member of of record. Seconded b the Civil Service Commission to fill the man Van Duelman. Carried by the following vote. y unexpired term of B. C. Schmid, recently resigned. Sec- Clark, Councilmen Murphy, Thompson, onedYeas—Mayor Carr edbby the fi 1 olman winghompsonvote. Van Duelman. Nays—None. Yeas—Mayor Clark, Councilmen Councilman Wharton not voting. Murphy, Thompson, Wharton. Nays—Councilman Van Duelman. Resolution No. 39-38 Councilman Wharton raised the Be it resolved by the question as to whether or not the Council's City Coun- cil of the City of Dubuque that the following, having action on the adoption of the substitute motion had been complied with the provisions of law correct parliamentary Procedure. relating to the sale of cigarettes Councilman Wharton moved that within the City of Dubuque, be granted a per- mit in order to clear the record that the action taken by to sell cigarettes and cigarette papers within the City Coun- cil on the appointment of a mem- said City and the Manager is directed ber ofthe Civil Service Commission to issue such Permit on behalf of said City. to fill the unexpired term of B. C. Schmid, Mae Keller & Ruth Keller Motz (Canfield Hotel Cigar recently resigned, be rescinded. Seconded b St Stand), & Central Ave. )� 4th man Van Duelman. Car iedCbyn followin g vote. Be it further resolved that the bond filed with Peas—Mayor Clark, Councilmen Murphy, Thompson, the a approved. application be Van Duelman, Wharton. Nays—None. Special Session, April 25th, 1938 Councilman Van Duelman moved that the City Council proceed by secret ballot on the appointment of a member of the Civil Service Commission to fill the unexpired term of B. C. Schmid recently re- signed. Seconded by Councilman Murphy. Carried by the following vote. Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—none. The Clerk then tallied the vote as shown by ballots, the result be- ing Walter Rawson three votes, Alois Hoffmann two votes. Mayor Clark then declared that Walter Rawson having received three votes that he be declared the ap- pointee as a member of the Civil Service Commission to fill the un- expired term of B. C. Schmid, rd- cently resigned, said term expiring March 31st., 1942. There being no further business Councilman Van Duelman movd'd to adjourn. Seconded by Council- man Murphy. Carried by the fol- lowing vote. Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. J. J. SHEA, City Clerk. Approved .241938. Adopted 44.193 Councilmen Attest: .......... ,. 074r City Clerk. City Council (Official) Special Session, April 25th, 1938. Council Reconvened at 7:05 p. m. Present—Mayor Clark, Council- men Murphy, Thompson, Van Duel. man, Wharton, City Manager Rhomberg. Resolution No. 12-38 Be it resolved by the City Coun- cil of the City of Dubuque that it is deemed necessary and advis- able and for the best interest of said City, that a contract be en. tered into with White -Phillips Co., a corporation of Iowa, providing for the financing of such warrants as are or may be issued against funds of said City and which can- not be paid for want of funds, and of other obligations payable from special funds wherein there may not be sufficient cash in such funds to pay the same upon maturity, such contract being hereto attach- ed and made a part hereof. Be it further resolved that this resolution and contract remain on file in the office of the City Clerk for public inspection for at least one week before final adoption and approval thereof. Be it further resolved that, after the passage and adoption of this Resolution the Mayor and Clerk be and they are hereby directed and authorized to execute said con- tract for and on behalf of said City of Dubuque. Introduced and ordered placed on file with the City Clerk this 7Eh cell of March, 1938. —Passed, adopted and approved tris ...........day of March, 1938. Attest: ; ......................................... City Clerk. Approved ..................................1938. Adopted....................................1938. Councilmen: { .......................... ... Councilman Murphy moved that the Council rescind the previous action taken by the City Council at the meeting of March 7th. 1938, in introducing and ordering placed 74 Special Session, April 25th, 1938 on file with the City Clerk for pub• lic inspection for at least one week Resolution No. 12-38 and also the proposed contract with the White - Phillips Corporation providing for the financing of no fund warrants and other obligations payable from special funds wherein there may not be sufficient cash to pay the same upon maturity. Seconded by Councilman Thompson. Carried by the following vote. Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 44-38 Be it resolved by the City Coun- cil of the City of Dubuque that it is deemed necessary and ad- visable and for the best interest of said City, that a contract be entered into with White -Phillips Company, a corporation of Iowa, providing for the financing of sucli warrants as are or may be issued against funds of said City and which cannot be paid for want of funds, and of other obligations pay- able from special funds wherein there may not be sufficient cash in such funds to pay the same upon maturity, such contract being here- to attached and made a part here- of. Be it further resolved that this resolution and contract remain on file in the office of the City Clerk for public inspection for at least one week before final adoption and approval thereof. Be it further resolved that, after the passage and adoption of this Resolution the Mayor and Clerk be and they are hereby directed and authorized to execute said con- tract for and on behalf of said City of Dubuque. Introduced and ordered placed on file with the City Clerk this 25th. day of April, 1938. Passed, adopted and approved this ........... .day of May, 1938. ............................................... Mayor. .................................................. ................ o.. ........................ Cuncilmen. Attest: ............ . .......................... City Clerk. Councilman Murphy moved that the resolution and proposed con- tract with the White -Phillips Cor- poration be ordered placed on file with the City Clerk for public in- spection for at least one week. Seconded by Councilman Van Duelman. Carried by the follow- ing vote. Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. There being no further business Councilman Murphy moved to ad- journ. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote. Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. J. J. SHEA, City �� pClerk. Approved .�1./0;61 --1938. Adopted 207b4.1938. ..... ... ... ..... ..... ... ::.. Zf7 �- Attest: .....,�,, w\ City Clerk. Regular Session, May 2nd, 1938 95 City Council (Official) Regular Session, May 2nd, 1938. Council met at 7:40 P. M. Day- light Saving Time. Present—Mayor Clark, Council- men Thompson, Van Duelman, Wharton, City Manager Rhomberg. Absent --Councilman Murphy. Mayor Clark stated that this is the regular monthly meeting of the City Council for the purpose of acting upon such business as may properly come before the meeting. Notice of Claim of William Riley, no amount stated, for personal in- juries received in falling on icy sidewalk at 753 Hill Street, pre- sented and read. Councilman Van Duelman moved to refer the claim to the City So- licitor. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas—Mayor Clark, Councilmen Thompson, Van Duelman, Wharton. Nays—None. Absent—Councilman Murphy. Notice of Claim of Les Walker In the amount of $622.65 for per- sonal injuries received in falling on icy sidewalk at 1091 West Fifth Street, presented and read. Councilman Van Duelman moved to refer the claim to the City So- licitor. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas—Mayor Clark, Councilmen Thompson, Van Duelman, Wharton. Nays—None. Absent—Councilman Murphy. Petition of Mrs. Elizabeth Byrne requesting exemption of the 1937 tax in the amount of $7.13 on Lot 20 of Bonson & Stewart's Sub., as this property is being used for playground and recreational pur- poses, presented and read. Councilman Thompson moved to refer the petition to the Playground and Recreation Commission. Sec- onded by Councilman Van Duel - man. Carried by the follbwing vote: Yeas—Mayor Clark, Councilmen Thompson, Van Duelman, Wharton. Nays—None. Absent—Councilman Murphy. Petition of Mrs. Minnie Zogg, et al, . requesting the City Council to make the assessments more, reas- onable on their property for the Improvement of Roosevelt Street, presented and read. Councilman Thompson moved to refer the petition to the City Man - ,ager for investigation and report. Seconded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Clark, Councilmen Thompson, Van Duelman, Wharton. Nays—None. Absent --Councilman Murphy. Communication of Millworkers Union No. 1646 calling the atten- tion of the City Council to the dump which is an eye sore and a disgrace in the south part of the Dubuque business and industrial district; also that Salina Street along the railroad tracks is badly in need of repairs; also that street lights are needed on Charter Street, one at the entrance of the Maize - wood Insulation Company plant and one on Main Street, presented and read. Councilman Van Duelman moved that the portion of the communica- tion relative to the condition of the dumping grounds be referred to the Board of Health for invest- igation and report and the portions of the communication relative to the repair of Salina Street and the installation of street lights on Charter Street be referred to City Manager Rhomberg for investiga- tion and report. Seconded by Coun- cilman Thompson. Carried by the following vote: Yeas—Mayor Clark, Councilmen Thompson, Van Duelman, Wharton. Nays—None. Absent—Councilman Murphy. Communication of Lime Rock Springs Company requesting that they be included on the list of industries outside of the City of Dubuque who are being provided with Cfty fire protection, Pre- sented and read. Councilman Thompson moved that the name of the Lime Rock Springs Company be included on the list of industries outside of the City of Dubuque who are being pro- vided with City fire protection and that the Lime Rock Springs Com- pany conform to the same regula- tions and requirements as the other industries and institutions. Sec- onded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Clark, Councilmen Thompson, Van Duelman, Wharton. Nays—None. Absent—Councilman Murphy. Councilman Wharton moved that the rules be suspended for the pur- pose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman 0- 96 Regular Session, May 2nd, 1938 Thompson. Carried by the follow- ing vote: Yeas—Mayor Clark, Councilmen Thompson, Van Duelman, Wharton. Nays—None. Absent—Councilman Murphy. Verbal request of the Ladies of the Shiloh Circle of the G. A. R. for permission to change the date of their tag day sale from Satur- day, May 21st to Saturday, October 1st presented. Councilman Wharton moved that the City Council rescind their pre- vious action in granting the request of the Shiloh Circle, Ladies of G. A. R. for permission to hold their tag day on Saturday, May 21st and that their request for a change to Saturday, October 1st for the hold- ing of their tag day be granted. Seconded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Clark, Councilmen Thompson, Van Duelman, Wharton. Nays—None. Absent—Councilman Murphy. Mrs. Minnie Zogg et al addressed the Council requesting that the prayer of their petition, for a re- duction in the special assessments levied against their property for the improvement of Roosevelt Street, be granted. Mr. Gus Zell et al addressed the Council requesting that Welbes Field be leased for playground and recreational purposes. Councilman Van Duelman moved that the request of Gus Zell et al that Welbes Field be leased for Playground and recreational pur- poses be referred to the City Coun- cil for further consideration. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Clark, Councilmen Thompson, Van Duelman, Wharton. Nays—None. Absent—Councilman Murphy. Mr. Jankowitz addressed the Council requesting that he be per- mitted to take out a license to Peddle fruit and vegetables for a six month period instead of a year- ly license. Councilman Thompson moved that the request of Mr. Jankowitz for permission to take out a six months license for to peddle fruit and vegetables be denied. Seconded by Councilman Van Duelman. Car- ried by the following vote: Yeas—Mayor Clark, Councilmen Thompson, Van Duelman, Wharton. Nays—None Murphy. 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 March, 1938, presented and read. Councilman Van Duelman moved to receive and file the proof of pub- lication. Seconded by Councilman Wharton. Carried by the follow. Ing vote: Yeas—Mayor Clark, Councilmen Thompson, Van Duelman, Wharton. Nays—None. Absent—Councilman Murphy. Council Proceedings for the month of February, 1938, presented for approval. Councilman Van Duelman moved that the Council Proceedings for the month of February, 1938, be approved as printed. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Clark, Councilmen Thompson, Van Duelman, Wharton. Nays—None. Absent—Councilman Murphy. Resolution No. 40-38 Be It Resolved by the City Coun- cil of the City of Dubuque that it is deemed necessary and advisable and for the best interest of said City, that a contract be entered into with White -Phillips Company, a corporation of Iowa, providing for the financing of such warrants as are or may be issued against funds of said City and which can- not be paid for want of funds, and of other obligations payable from special funds wherein there may not be sufficient cash in such funds to pay the same upon maturity, such contract being hereto attached and made a part hereof. Be It Further Resolved that this resolution and contract remain on file in the office of the City Clerk for public inspection for at least one week before final adoption and approval thereof. Be It Further Resolved that, after the passage and adoption of this Resolution the Mayor and Clerk be and they are hereby directed and authorized to execute said contract for and on behalf of said City of Dubuque. Introduced and ordered placed on file with the City Clerk this 25th day of April, 1938. Passed, adopted and approved this 2nd day of May, 1938. CARL A. CLARK, Mayor, FRANK VAN DUELMAN, ALBERT WHARTON, F. W. THOMPSON, Attest: J. J. SHE'A, Councilmen. City Clerk. Regular Sessic Councilman Van Duelman moved that the resolution be adopted and that the Mayor and Clerk be auth- orized to execute said contract on behalf of the City of Dubuque. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Clark, Councilmen Thompson, Van Duelman, Wharton. Nays—None. Absent—Councilman Murphy. Davenport, Iowa, April 25, 1938. Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: In connection with the Special Assessment Bonds of your city which were due on April 1, 1938 and which remain unpaid, this is to advise that we will secure, if pos- sible, assignments from the present bond owners and after the assign- ments have been secured, we will endeavor to secure a judgment against your city in the amount of the unpaid Special Assessment Bonds and interest. In the event we are able to se- cure said judgment, we are to be given the privilege of exchanging said judgment for General Obliga- tion Bonds of your city bearing 31/4% interest, the principal to ma- ture as mutually agreeable. In the event your city also de- sires to clean up outstanding war- rants against the various funds of the city, we will also endeavor to secure a judgment on these war- rants and include said judgment in with the funding of the judgment on the Special Assessment Bonds. For the judgment on the warrants, we are also to be given the priv- ilege of taking 31/4% bonds in lieu of said judgment. In the case of said judgments against the city, we will assume all expenses in securing the assign- ments from the various bond hold- ers and will carry your warrants at an interest rate of 2%. We will also pay all of our attorneys fees in connection with the securing of said judgment. In the event said Judgment is secured, we will fur- nish the necessary forms and pro- ceedings authorizing the issuance of the new bonds, furnish the opin- ion of Chapman and Cutler, and the printed bonds, without cost to your city. The City is to furnish us with a full and complete set of proceed- , ings evidencing the legality of the n, May 2nd, 1938 97 bonds to the satisfaction of Chap- man and Cutler. Respectfully submitted, WHITE -PHILLIPS CORP., Davenport, Iowa. By C. A. Stutz, Secy. The above and foregoing propo- sition is hereby accepted this 2nd day of May, 1938, and we, the un- dersigned, being authorized to con- tract, agree to the above terms as set out and agree to deliver said bonds to White -Phillips Corpora. tion in the event said judgments are obtained. CITY 0'F DUBUQUE, IOWA, By: CARL A. CLARK, Attest: J. J. SHEA, Mayor. City Clerk. Resolution No. 41-38 Whereas, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the following applications be and the same are hereby approved and it is ordered that the premises to be occupied by such applicants shall be forthwith inspected. CLASS "B" PERMIT Arthur Spahn and Raymond Wright (new), 1696 Central Ave. CLASS "C" PERMIT Jos. J. Sullivan (renewal), 800 West Fifth Street. Harry Smith (renewal), 235 West Third Street. Passed, adopted and approved this 2nd day of May, 1938. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Wharton moved the adoption of the resolution. Second- ed by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Clark, Councilmen Thompson, Van Duelman, Wharton. Nays—None. Absent—Councilman Murphy. Resolution No. 42-38 Whereas, heretofore applications were filed by the within named ap. plicants for Beer Permits and they received the approval of this Coun- cil; and Regular Session, May 2nd, 1938 0 qg Whereas, the premises to be oc- Manager for the purpose of con- by them havg been inspect- ferring with the property owners. cupied ed and found to comply with the The property owners have all ordinances of this City and they been interviewed and an arrange. have filed a proper bond: Now, ment has been worked out which Therefore, is indicated on the accompanying Be It Resolved by the Council of correspondence. I recommend that the City of Dubuque that the Mana- the City Council convey the por- ger be and he is hereby directed tions of the alley to the four pro - to issue to the following named per- perty owners as outlined subject sons a Beer Permit. to an easement for a storm sewer CLASS "B" PERMIT that is now in the alley. Respectfully submitted, Arthur Spahn and Raymond A• A. RHOM Wright (new), 1696 Central Ave. ty M CitY Manager. CLASS "C" PERMIT Councilman Thompson moved Jos. J. Sullivan (renewal), 800 that the recommendation of City Manager Rhomberg be West Fifth Street. Harry Smith (renewal), 235 West approved and that the City Solicitor be in. Third Street. strutted to prepare a proper ordi- Be It Further Resolved that the nance covering the same and that bonds filed by such applicants be the agreements signed by the pro. and the same are hereby approved. perty owners be made a matter of Passed, adopted and approved record. Seconded by Councilman this 2nd day of May, 1938. Van Duelman. Carried by the fol- CARL A. CLARK, lowing vote: Yeas—Mayor Clark, Councilmen Mayor. FRANK VAN DUELMAN, Thompson, Van Duelman, Wharton. ALBERT WHARTON, F. W. THOMPSON, Nays—None. Absent—Councilman Murphy. Councilmen. Agreement Attest: J. J. SHEA, The undersigned, Peter Greiner, City Clerk. of Dubuque, Iowa, owner of lot 330 Councilman Van Duelman moved Woodlawn Park, Dubuque, 'Iowa, the adoption of the resolution. hereby consents to the vacation of Seconded by Councilman Thomp- the alley between lot 165 Finley son. Carried by the following vote: Addition and lots 328-329 and 330 Yeas—Mayor Clark, Councilmen Woodlawn Park, Dubuque, Iowa. Thompson, Van Duelman, Wharton. Dubuque, Iowa, April 22, 1938. Nays—None. (Signed) Absent—Councilman Murphy. PETER GREINER. Contract for Primary Road Ex- Agreement tension Maintenance between the City of Dubuque, Iowa, Party of the The undersigned, Mattie E. Ab - bey, the owner lot First Part, and the Iowa State Highway Commission, Ames, Iowa, of three hundred thirty-one (331) Woodlawn Park, Dubuque, Iowa, hereby Party of the Second Part, pre- sented. consents to the vacation of the alley in the rear Councilman Wharton moved that contract be placed on file of said lot, signed will be put to the under- gthe o expense with the City Clerk for public inspection in connection therewith, for at least one week. Seconded by Councilman Signed at Decorah, Iowa, this 19th day of April, A.D., Van Duelman. Carried by the following vote: by 1938. Yeas—Mayor Clark, MATTIE E. ABBEY. Thompson, Van Duelman,oun anon. Wharton. Agreement Nays—None. Absent—Councilman The undersigned, Realty Invest- ors Corporation, Murphy, the owner of lot May 2, 1938. To the Honorable Mayor three hundred thirty-two (332) Woodlawn and City Council, Park, Dubuque, Iowa, hereby consent to the proposed va- Dubuque, Iowa. Gentlemen: cation of the alley in the rear of said lot, provided the undersigned At At the session of the Cit Y Coun- held March will be put to no expense in con- vection therewith. 7 mendations 1938, the recom- Zoningof the Planning and Commission Signed at Dubuque, Iowa, this 23rd da of y April, A.D., on the petition of the Mettel Realty 8z Investment Company 1938. (Signed) was referred to the REALTY INVESTORS CORP., Cit City By Wm. H. Keller, Secy. Regular Sessiol Agreement The undersigned, Louis J. Knockel, the owner of lot one hun- dred sixty-five (165) in Finley Addi- tion, Dubuque, Iowa, hereby con- sents to the proposed vacation of the alley between said lot and lots 328, 329, 330, 331 and 332 Wood - lawn Park, Dubuque, Iowa. Signed at Dubuque, Iowa, this 27th day of April, A.D., 1938. (Signed) L. J. KNOCKEL. Agreement The undersigned, Amelia Curtis, the owner of lots three hundred twenty-eight (328) and three hun- dred twenty-nine (329) Woodlawn Park, Dubuque, Iowa, hereby con- sent to the proposed vacation of the alley between said lots and lot one hundred sixty-five (165) in Finley Addition. Signed at Dubuque, Iowa, this 27th day of April, A.D., 1938. (Signed) AMELIA C. CURTIS. April 29, 1938. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your directions of April 21, 1938, requesting prepara- tion of an ordinance covering the installation of a concrete and brick platform extending two feet (2 ft.) into the street adjacent to the Southeasterly two-fifths (Sely. 2-5ths) of Lot 465, of the original town( now city) of Dubuque, Iowa, owned by Homer V. Butt, I submit herewith proposed ordinance with the recommendation that the same be enacted by your body. Respectfully submitted, AL. J. NELSON, City Solicitor. Councilman Wharton moved that the communication of City Solicitor Nelson be made a matter of record. Seconded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Clark, Councilmen Thompson, Van Duelman, Wharton. Nays—None. Absent—Councilman Murphy. Ordinance No. 9-38 An ordinance granting to Homer V. Butt, his heirs and assigns, the right to construct and maintain, an ingress and egress platform in the street and upon the sidewalk of the street designated as West Twelfth Street, abutting the Southeasterly two-fifths (Sely. 2-5's) of City Lot Four Hundred Sixty4lve (465) in i, May 2nd, 1938 99 the Town (now city) of Dubuque; prescribing the conditions of such Permit, presented and read. Councilman Van Duelman moved that the reading just had be con- sidered the first reading of the ordinance. Seconded by Council- man Thompson. Carried by the fol- lowing vote: Yeas—Mayor Clark, Councilmen Thompson, Van Duelman, Wharton. Nays—None. Absent—Councilman Murphy. Councilman Van Duelman moved that the rules be suspended requir- ing an ordinance to be read on three separate days. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Clark, Councilmen Thompson, Van Duelman, Wharton. Nays—None. Absent—Councilman Murphy. The ordinance was then read a second time. Councilman Van Duelman moved that the reading just had be con- sidered the second reading of the ordinance. Seconded by Council- man Thompson. Carried by the following vote: Yeas—Mayor Clark, Councilmen Thompson, Van Duelman, Wharton. Nays—None. Absent—Councilman Murphy. April 29, 1938. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The notice of levy and sale in the case of D. W. Bates, Receiver vs. Emma Schmid, et al, referred to the City Solicitor under date of April 6, 1938, is herewith returned to your honorable body with the recommendation that the same be received and filed. Respectfully submitted, AL. J. NELSON, City Solicitor. Councilman Van Duelman moved that the recommendation of City Solicitor Nelson be made a matter of record. Seconded by Council- man Wharton. Carried by the fol- lowing vote: Yeas—Mayor Clark, Councilmen Thompson, Van Duelman, Wharton. Nays—None. Absent—Councilman Murphy. May 2, 1938 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At your Council meeting of April 4, 1938, there was referred to the City Solicitor with instructions to submit a report back to the Council 100 Regular Session, May 2nd, 1938 the matter of regulating the ' Power Company filed a petition charges made for bus fare by the with the City Council requesting Interstate Power Company. in ac- the substitution of buses for street cordance with your directions and cars on certain lines of transporta- Instructions , I beg to report, as tion, and also requesting: follows: "Change present rate of transpor- I find that Sections 8, 9 and 10 tation to 3 tokens for 25 cents with of the franchise ordinance granting a 10 cent cash fare for adults, and to the Dubuque Electric Company one-half the adult rate to apply to and its successor, the right to children under 12 years and for construct, maintain and operate school students under the age of lines of street railway on the 18 years during school hours as streets of the City of Dubuque, and provided in our franchise." regulating the operation of the This petition and particularly same, which said ordinance was that part of the petition referring passed by the City Council of the to rates of transportation was City of Dubuque on the 14th day of granted by the City Council on the February, 1922, and approved by 18th day of May, 1931. the electors of the City of Du- buque at a regular city election provision in either the held on the 27th day of March, original franchise, or in any ordi- 1932, and accepted by the Dubuque nances amending the same, pro. hibiting the company from reduc- Electric Company under date of June 10, 1922, is still in force as Ing the rates of transportation, but amended by subsequent ordinances do find that said rates of transpor- adopted by the City Council: tation shall not be increased until These sections of the original authorization for such increase, as franchise ordinance provide that: given on the 18th day of May, 1931, "The company (Dubuque Electric has been granted by the City Coun. Company or its successors) shall cil, and that under the provisions be permitted to charge a reason- of the franchise ordinance the City able and just rate of fare for street Council has jurisdiction of the car service furnished by it, such rates of transportation and the rate of fare to be based upon a right to fix reasonable and just fair rate upon the value of the pro- rates. perty actually and necessarily em- I find further that by an ordi- ployed in the operation of the nance of the City Council adopted street car system in Dubuque, pro- on the 12th day of July, 1932, the vided, however, that the City Coun- Interstate Power Company as sue- cil reserve the right from time to cess6r of the Dubuque Electric time to fix reasonable and just Company is granted autoority to rates for such service, subject to the right of the company to have substitute motor bus transporta- tion in the reasonableness and justice of its entirety for street car transportation in the City of Du - such rates determined by a Court of competent jurisdiction in a b'nque, and that said ordinance pro- ceeding for that purpose." granting such substitution provides The sections of this ordinance that all of the provisions of Sec - tion 8 and 9 of the original fran- further provide that the rates of transportation chise ordinance and amendments shall not be In. thereto relating to fares shall apply creased until such increase has been authorized by the City to the operation of buses author - ized Coun- cil or by some rate under the provisions of this -fixing body, if there be such, or ordinance of July 12, 1932. until such in. crease has been granted by a Court Determination of the proper or Of competent jurisdiction. reasonable rate for such service is These sections of this franchise necessarily confined to the facts ordinance also provide that the and circumstances of the particular ryears ates of fare for children under 12 case in question. The test of rea- and school sonableness is not to be confined certain Period, shallbene-half to a comparison of rates in force of the regular fare, in other communities, but is to be I Further find that from d he the value of the ser - time to time, by authority of the Cit Coun- vice ingovern Particular community in cil of the CitDubuqueY Y of which the rate is under consid- the In- terstate Power Company, eration. successor It the Dubuque Electric was Respectfully submitted, authorized to substitute buses for street cars AL. J. NELSON, Solicitor. on certain lines ofCity transportation in the city, and Councilman Van Duelman moved that on May 18, 1931, the Interstate that the report of City Solicitor Nelson be made a matter of record. ecial Session, M Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Clark, Councilmen Thompson, Van Duelman, Wharton. Nays—None. Absent—Councilman Murphy. Councilman Wharton moved that the matter of regulating the charges made for bus fare by the Interstate Power Company be re- ferred to the City Council for further consideration. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Clark, Councilmen Thompson, Van Duelman, Wharton. Nays—None. Absent—Councilman Murphy. There being no further business Councilman Van Duelman moved to adjourn. Seconded by Council- man Thompson. Carried by the fol- lowing vote: Yeas—Mayor Clark, Councilmen Thompson, Van Duelman, Wharton. Nays—None. Absent—Councilman Murphy. J. J. SHEA, GCity yy,,Clerk. Approved �..p6.�ilh...1938. Adopted 1. J.......1938. Council Attest: ....... ..Oz�.• City Clerk. 2nd, 1938 101 Board of Health (Official) Special Session, May 2nd., 1938. Board met at 9.05 P.M. Daylight Saving Time. Present — Chairman Carl A. Clark, Messrs. F. W. Thompson, Frank Van Duelman, Albert Whar- ton. Absent—Mr. Geo. R. Murphy. Communication of P. J. Heuser, Industrial Hygiene Engr. State De- partment of Health, relative to the nuisance condition caused by gases from the rock wool manufacturing plant of the General Insulating Co., and advising that the logical and most positive solution to this prob- lem is to remove the cupola stack gases by means of a scrubber or spray tower wherein the gases are removed by contact with an absorb- ing medium such as water and ad- vising that if the nuisance is not abated within a reasonable period of time that this Department will 'be forced to direct the Local Board of Health to have the nuisance Ak ted, presented and read. Wl�%4r. Frank Van Duelman moved that the City Manager and Health director be instructed to confer with the officials of The General Insulating Company as to the re- commendation and instructions em- bodied in the letter as submitted by P. J. Heuser, Industrial Hygiene Engineer, State Department of Health. Seconded by Mr. F. W. Thompson. Carried by the follow- ing vote: Yeas—Chairman Carl A. Clark, Messrs. F. W. Thompson, Frank Van Duelman, Albert Wharton. Nays—None. Absent—Mr. Geo. R. Murphy. There being no further business Mr. Frank Van Duelman moved that the Board of Health adjourn. Seconded by Mr. Albert Wharton. Carried by the following vote: Yeas—Chairman Carl A. Clark, Messrs. F. W. Thompson, Frank Van Duelman, Albert Wharton. 102 Special Session, May 20th, 1938 Nays—None. Absent—Mr. Geo. R. Murphy. J. J. SHEA, Clerk, Board of Health. Approved Adopted Health Attest: ,IV..r'1'.LIG�G!/... Clem and of Health. City Council (Offlclal) Special Session, May 20th., 1938. Council met at 7:45 p.m., Day. light Saving Time. Present—Mayor Clark, Council. en Murphy, Thompson, Van Duel. man, Wharton, City Manager Rhom- berg. ,,,J1Qeeting called by order of Coun- cilmen Wharton and Van Duelman. Mayor Clark read the call and stated that service thereof had been duly made and that this meet- ing is called for the purpose of considering petitions urging the City Council to promptly rescind its action whereby it approved Day- light Saving Time and acting on any other business as may properly come before a regular meeting of the City Council. Resolution No. 43-38 Whereas, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the fol- lowing applications be and the same are hereby approved and it is ordered that the premises to be occupied by such applicants shall be forthwith inspected. CLASS "B" PERMIT Daniel E. Daly (new), 678 Cen- tral Avenue. Frank Reis (new), 553 West 8th Avenue. Elwood Buse (new), 2400 Cen- tral Avenue. Harry N. Gantert (renewal), 1301 Rhomberg Avenue. CLASS "B" PERMIT FOR PRIVATE CLUB Dubuque Metal Trades Council Club (new), 290 West 4th Street. CLASS "C" PERMIT Jacob Schwietering, 898 Main St. Mrs. Ethel Mae Barrett, 2401 Jackson Street. Passed, adopted and approved this 20th day of May, 1938. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON, Attest: J. J. SHEA, Councilmen. City Clerk. Councilman Murphy moved the adoption of the resolution. Second- Special Session, May 20th, 1938 103 ed by Councilman Van Duelman. Councilman Murphy moved to Carried by the following vote: suspend the rules for the purpose Yeas—Mayor Clark, Councilmen ofallowing any one present in the Murphy, Thompson, Van Duelman, Council Chamber, who wishes to do Wharton, so, to address the Council, Second. Nays—None, ed by Councilman Van Duelman. Resolution No. 44-38 Carried by the following vote: Whereas, heretofore applications Yeas—Mayor Clark, Councilmen Murphy, Thompson, were filed by the within named Van Duelman, Wharton. applicants for Beer Permits and they received the approval of this Nays—None. Council; and Messrs. Ada Genz, Wm. Clemens, Whereas, the premises to be oc- Dr. Wayne Johnson, Dalton Urbach cupied by them have been inspect- C. .11.'4 W,.underlich, Ernest Kretz, ed and found to comply with the Mark R: Kane ;frith Herman Lott ordinances of this City and they addressed the Council requesting have filed a proper bond: Now, that the prayer of their petition be Therefore, granted. Be It Resolved by the Council of Mr. Leo Steffen and Mr. Pihart the City of Dubuque that the Mana- addressed the Council opposing the ger be and he is hereby directed to granting of petition to change back issue to the following named per- to Central Standard Time. sons a Beer Permit. Councilman Wharton moved that CLASS "B" PERMIT on Sunday night next that the City Daniel E. Daly (new), 678 Cen- Clocks be turned back to Central tral Avenue. Standard. Time and that the City Frank Reis (new), 553 West 8th Offices open Monday morning on Avenue. Central Standard Time and that Elwood Buse (new), 2400 Cen- the Mayor be directed to issue a tral Avenue. proclamation directing that the Harry N. Gantert (renewal), 1301 City of Dubuque return to Standard Rhomberg Avenue. Time and that the question be de- cided by the City Council by ballot. CLASS "B" PERMIT FOR Seconded by Councilman Van Duel - PRIVATE CLUB man. Carried by the following Dubuque Metal Trades Council vote: Club (new), 290 West 4th Street. Yeas—Mayor Clark, Councilmen CLASS "C" PERMIT Murphy, Thompson, Van Duelman, Wharton. Jacob Schwietering, 898 Main St. Nays—None. Mrs. Ethel Mae Barrett, 2401 The City Clerk then tallied the Jackson Street. ballots and the tally showed the Be It Further Resolved that the following result: bonds filed by such applicants be Yeas—Five Ballots. and the same are hereby approved. Nays—None. Passed, adopted and approved Claim of J. M. Davison, Jr., in the this 20th day of May, 1938. amount of $25.00 for personal in - CARL A. CLARK, juries received in stepping on loose Mayor. manhole cover at the northeast FRANK VAN DUELMAN, corner of Seventh and Iowa Streets, ALBERT WHARTON, presented and read. GEO. R. MURPHY, Councilman Murphy moved to F. W. THOMPSON, refer the claim to the City Solicitor. Councilmen. Seconded by Councilman Van Duel - Attest: J. J. SHEA, man. Carried by the following City Clerk. Councilman Murphy moved the vote: Yeas—Mayor Clark, Councilmen adoption, of the resolution. Second. Murphy, Thompson, Van Duelman, ed by Councilman Van Duelman. Wharton, Carried by the following vote: Yeas—Mayor Nays—None. Notice of Claim of Dan Heitz in Clark, Councilmen Murphy, Thompson, Van Duelman, the amount of $35.00 for damages Wharton, received to his automobile caused Nays—None, in striking a hole in the street on Petitions of Roshek Bros. Co. et Southern Avenue at a point approx- Harold al, wholesalers, jobbers and retail- imately 200 feet south of and read. ers urging the City Council to Barrett store, presented promptly rescind its action where- Councilman Murphy moved to by it approved Daylight Saving refer the claim to the City Solicitor. Time, presented and read. Seconded by Councilman Van Duel- 104 Special Session, May 20th, 1938 Carried by the following adopted by their organization re- man. questing that a project be secured vote: Yeas—;Mayor Clark, Councilmen for the erection of a permanent Murphy, Thompson, Van Duelman, concrete band shell at Eagle Point Park, , presented and read. Nays—None. Councilman Thompson moved to Notice of Claim of Orland Dris- refer the communication and en- coll in the amount of $75.00 for per- closed resolution to the Park Board sonal injuries received while riding with the recommendation of the In the automobile of Dan Heitz, City Council that the project be said automobile striking a hole in sponsored by the Park Board. Sec- the street on Southern Avenue at a onded by Councilman Van Duel- point approximately 200 feet south man. Carried by the following of Harold Barrett Store, presented vote: and read. Yeas—Mayor Clark, Councilmen Councilman Murphy moved to re- Murphy, Thompson, Van Duelman, fer the claim to the City Solicitor. Wharton. Seconded by Councilman Van Duel- Nays—None. man Carried by the following vote: Communication of Charles Mc- Yeas—Mayor Clark, Councilmen Lean, Chairman on Waterways of Murphy, Thompson, Van Duelman, Dubuque Chamber of Commerce, Wharton. calling the attention of the City Nays—None. Council to the present need for the Communication of Mrs. Adeline dredging of the Mississippi River Kluseman, Chairman of the Invita- at Dubuque and of advising the tion Committee of the Memorial War Department of this necessity Day Parade, extending invitation to through formal action by the City the City Council to take part in the Council, presented and read. Memorial Day Parade, presented Mr. Charles McLean addressed and read. the Council requesting that the Councilman Murphy moved that City Council give immediate atten- the invitation be accepted. Second- tion to the request as set out in ed by Councilman Van Duelman. his communication. Carried by the following vote: Councilman Wharton moved to Yeas—Mayor Clark, Councilmen refer the communication to the Murphy, Thompson, Van Duelman, City Council and City Manager, Wharton, with the assistance of Mr. Charles Nays—None. Communication of Ray E. Lick- McLean, to take proper action. Seconded by Councilman Van Duel- lider submitting his application for man. Carried by the following vote: the office of Police Judge, if and Yeas—Mayor Clark, Councilmen when there is a vacancy, presented Murphy, Thompson, Van Duelman, and read. Wharton. Councilman Van Duelman moved Nays—None. to refer the communication to the Communication of the Village of City Council for further considera- tion. Seconded by Councilman Stockton, Illinois, extending greet- Wharton. Carried by the following ings in commemoration of the ini- tial vote: air mail flight from Stockton, Yeas—Mayor Clark, Councilmen Illinois, presented and read. Councilman Murphy moved to re- Murphy, Thompson, Van Duelman, Wharton. ceive and file the communication. Nays—None. Seconded by Councilman Van Duel- Communication of George W. man. Carried by the following vote: Hird submitting his application for Yeas—Mayor Clark, Councilmen the office of Police Judge, for Murphy, Thompson, Van Duelman, Wharton. future reference, presented and read. Nays—None. Councilman Van Duelman of Arthur W. ition Ott,hair- moved to refer the communication m netof the Committee off local to the City Council for further considera- Underwriters Association request- ing tion. Seconded by Councilman permission to place a banner Wharton. Carried by the following across Main Street during the cele- vote: bration of Life Insurance Week, Yeas—Mayor Clark, Councilmen presented and read. Murphy, Thompson, Van Duelman, Wharton. City Manager Rhomberg inform- ing NaYs—None, the City Council that on ac- count of no Council Meeting being Communication of Dubuque scheduled that he had granted per- Trades and Labor Congress submit- ting enclosed resolution mission for the erection of the banner as requested in the petition. which was Councilman Wharton moved that Special Session, May 20th, 1938 105 the action of City Manager Rhom- berg be approved. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of B. C. Schmid request- ing permission to erect a cloth ban- ner across Main Street for the pur- pose of announcing his entry in the race for the nomination of U. S. Congressman of the 2nd. District, presented and read. Councilman Wharton moved to refer the petition to the City Coun- cil. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of the City Market re- questing permission to build a plat- form in the alley in the rear of their building located at 13th and Central Avenue, presented and read. Councilman Murphy moved to refer the petition to the Building Commissioner for investigation and report. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of Mt. Olivet Cemetery Association requesting that fire protection be given for their build- ings located four miles south of the City at the intersection of State Highways No. 61 and No. 151 and that they be included in the list of institutions outside of the City Limits who are to receive service from the Fire Department in case of fire, presented and read. Councilman Thompson moved that the request be granted. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of William F. Hein et al requesting that a turn around be constructed at the north end of Lawndale Street, presented and read. Councilman Van Duelman moved to refer the petition to the City Council to view the grounds and the interested parties to be notified to be present. Seconded by Coun- cilman Wharton. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of Edw. H. Wiedner et al requesting that the streets east of Railroad Tracks at 17th to Syca- more .Street and from Sycamore Street to the Milwaukee Shops be repaired, presented and read. Councilman Murphy moved to refer the petition to the City Man- ager to make the necessary repairs. Seconded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of Anna Struber et al requesting the City Council to deter the present owner of the property at 581 Seminary Street from establishing a tinshop in the two story building in the rear of said property, presented and read. Councilman Murphy moved to refer the petition to the Planning and Zoning Commission for invest- igation and report. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Alayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of Josephine Flynn, re- ferred to the City Council by the Board of Supervisors, requesting suspension of the 1937 taxes on N. Al. 20 feet of City Lot 83, presented and read. Councilman Thompson moved to refer the petition to the City Solici- tor for investigation and report. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of Mrs. Anna T. Cox et al requesting the City Council to take steps to end the menace to health caused by the saw dust from the Farley & Loetscher and Carr Ryder & Adams Manufacturing plants, presented and read. Councilman Murphy moved to re- fer the petition to the City Mana- ger. Seconded by Councilman Van Duelman. Carried by the follow- ing vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of Albert G. Hird et al requesting the City Council to take such action as will make the west- ernmost block of Seminary Street, 106 Special Session, May 20th, 1938 within the city limits, safe and fi for traffic and that the dump whicl is within the city limits on sail street be covered and further dumF Ing prohibited, presented and read Councilman Murphy moved tha that portion of the petition relative to the repairing of the street bt referred to the City Manager fol investigation and report and tht portion of the petition relative t( the dump be referred to the Cita Manager and Chief of Police fol investigation and report. Secondee by Councilman Van Duelman. Car ried by the following vote: Yeas—Mayor Clark, Counciimer Murphy, Thompson, Van Duelman Wharton. Nays—None. Council Proceedings for the month of March, 1938, presented for approval, Councilman Murphy moved that the Council Proceedings for the month of March, 1938, be approved as printed. Seconded by Council. man Thompson. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Ordinance No. 9-38 An ordinance granting to Homer V. Butt, his heirs and assigns, the right to construct and maintain, and ingress and egress platform in the street and upon the sidewalk of the street designated as West Twelfth Street, abutting the South- easterly two-fifths (Sely, 2-5's) of City Lot Four Hundred Sixty-five (465) in the Town (now city) of Dubuque; prescribing the condi- tions of such permit, said ordinance having been passed upon first and second readings on May 2nd., 1933, presented and read a third time. ORDINANCE NO. 9-38 ,An ordinnance granting to Homer V . Butt, his heirs and assigns, the right to construct and maintain. an ingress and egress platform in the street and upon the sidewalk of the street designated as West Twelfth Street, abutting the Southeasterly two-fifths (Sely. 2-51s) of City Lot Four Hundred Sixty-five (465) in the Town (now city) of Dubuque; pre- scribing the conditions of such per - n11 t. Be it ordained by the City C of the City of Dubuque; ouncil Par. 669, Section 1.—That Homer V. Butt, his heirs and assigns, be, and u o hereby granted the right and authority to construct and main- tain an Ingress and egress platform In the street and upon the sidewalk Of the street designated as West Twelfth Street shutting the South- easterly tw•o-fifths of Lot 465 In the asIginell town (now city) oY Dubuque, said platform to be 19 feet in length and 6 feet 6 inches In width, of which width 2 feet thereof shall extend in- to and upon Twelfth Street, the same to be used in connection with the use and occupancy of the building upon said Southeasterly two-fifths of Lot 465, of the original town (now city) of Dubuque, said structure to be built under the supervision of the Building 'Commissioner of the City of Dubuque. Par. 67" Section 2—It is under- stood and provided that such right. license and permission to use said street is subject to the continuous control of the City Council of this City, reserving the right to impose restrictions or conditions upon the enJoyment thereof as may be rea- sonably necessary for the protection of the public interest, including the right to revoke and rescind such per- mission if at any time the public in- terest should require such revocation. If and when such permit, right and license is revoked by the City Coun- ell, said Homer Butt, his heirs or as- signs shall remove such platform at his or their own expense and restore such part of the street and sidewalk as has been occupied thereby to the same condition it was in prior to the construction of such platform. Par. 671. 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 riehts hereunder Which accrue to said Homer V. Butt, his heirs and assigns, when the pro- visions hereof shall have peen ne- cepted by him. Passed upon the first and second readings this 2nd day of \Tay. 1916. Passed, adopted and approved 11non final reading this 20th day of ;1Tay, 1935. CARL A. CLARK. Me yor. FRANK VAN T)T1RT,-%TgN. AL'RERT IVHARTON*, (CF,O, R MTTRPT-T)'. F. W. THOMPSO�T. Councilmen. Attest: ,7 J. SHEA. City Clerk. ACCEPTANCE BY HOMER V. BUTT Homer V. Mitt does hereby accept the terms, provisions and conditions of the ordinance nrlopted by the City Council of Dubuque. decignatPr1 as Ordinance No. 9-18. an ordinance granting to Homer V. Butt. his heirs and assiens the right to ennstrnct and maintain an ingress and egress platform unnn the street and side- wIlk abutting the Southeasterly two- flfth.a of Lotr,5 of the origins' town (now city) of huhurlue, prescrihin, the conditlnnQ of s*1eh permit, this 21th, day of May. 1935. HOMER V. BLTTT. Pu"11F!hert officlaliv in The Tele- eranh-Hernld newspaper the 25th day of May, 1938. ,7. J. SHT'A 5 -25 -It City Clerk. Councilman Murphy moved the adoption of the ordinance. Second- ed by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Special Session, Mar 5th., 1938. To the City Council, Dubuque, Iowa. Gentlemen: Pursuant to your instructions to investigate dumps on lower Main Street I wish to state that such an investigation has been made. The dump opposite the Maizewood Com- pany is owned by the City and the Molo Company. The dump next to the Witwer Company is owned by Mr. Spensley. The city is dumping In both places. The nuisance main- ly arises from flying paper and as such is a public nuisance and is not directly injurious to health. We recommend that a man be em- ployed to work on these dumps and cover up all such material as it is dumped. Respectfully submitted, W. J. CONNELL, Director of Health, Health Department, Dubuque, Iowa. Councilman Thompson moved that the communication of Health Director Connell be received and filed. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None, Dubuque, Iowa., May 19th., 1938. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: In accordance with the provi- sions of Chapter 289 of the Code of Iowa, 1935, as amended, the Civil Service Commission conducted competitive examinations for elig- ible list for appointment to the Position of Ambulance Driver. A total of sixteen persons took said examination and the following list shows the names of those who passed the examination with an average of 70% or better. This examination was conducted on May 11th., 1938. Harry M. Haggerty, 91%. Leonard Joseph Anglin, 76%. Robert L. Golden, 70%. Respectfully submitted, E. J. RYAN, Chairman. W. J. RAWSON, C. S. HARKER, Commissioners. J. J. SHEA, Clerk, Civil Service Commission. State of Iowa County of Dubuque ss. Subscribed and sworn to before May 20th, 1938 107 me, a Notary Public in and for Du- buque County, State of Iowa, this 19th day of May, 1938. ( SEAL) C. A. REED, Notary Public in and for Dubuque County, State of Iowa. Councilman Murphy moved that the communication of the Civil Service Commission be made a matter of record. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. May 5, 1938. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I am submitting herewith reports of the City Auditor, City Treasurer and City Water Department for the month of April, 1938, also list of claims and list of payrolls for which warrants were drawn during the month of April, 1938. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Murphy moved that the reports be received and placed on file. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Contract for Primary Road Ex- tension Maintenance between the City of Dubuque and the Iowa State Highway Commission, Ames, Iowa, said contract having been placed on file on May 2nd, 1938, for public inspection, presented for final ap- proval. Councilman Wharton moved that the contract be approved and that the Mayor be authorized to execute the same on behalf of the City of Dubuque,, Iowa. Seconded by Coun- cilman Van Duelman. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Verbal report of City Solicitor Nelson recommending the settle- ment of the personal injury claim of A. L. Mutschler in the amount of $8.00 for injuries received in fall. ing on icy sidewalk in front of the residence located at 2439 Cherry Street, presented. moved that Councilman Murphy the recommendation of City Solici- 108 Special Session, May 20th, 1938 for Nelson be approved and that a warrant in the amount of $8.00 be ordered drawn on the City Treas- urer in favor of A. L. Mutschler as settlement in full of his personal injury claim. Seconded by Coun- cilman Wharton. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Verbal report of City Solicitor Nelson recommending that the claim of Les Walker in the amount of $622.65 for personal injuries re- ceived in falling on icy sidewalk at 1091 West 5th Street, be disallowed in view of the fact that said claim was not filed within statutory time, presented. Councilman Van Duelman moved that the recommendation of City Solicitor Nelson be approved. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. May 20, 1938. To the Honorable Mayor, City Council of the City of Dubuque: Gentlemen: In response to the directions of your honorable body to the City Solicitor directing the preparation and submission of proper ordi- nances covering the changing of certain bus routes in the City of Dubuque, and the rerouting of buses upon these routes in accord- ance with the request and petitions filed with your body asking for the same, I beg to submit the following report, recommendations, and pro- posed ordinances. I find upon ex- amination of the franchise of the Interstate Power Company relative to its transportation system, and the ordinances later passed chang- ing the method of transportation from street cars to buses, and later ordinances amending and changing certain methods, and ex- amination of the schedule under which buses are being routed over streets which are not designated In either the franchise or in an subsequent ordinance designatingy bus routes, and that buses are be- ing operated over four different specific routes which were never provided for by either franchise or subsequent ordinance, and that In the case of changing these routes, buses are being operated over streets in the City of Du- buque which are not included in any of the other bus routes pro- vided for by either franchise or ordinance. I find upon investigation that these changes made in designated bus routes, and these particular routes over which buses are sched- uled and operated, have been pro. vided by the company, and service thereon furnished because of de- mand therefor, and because the patronage thereof warrants the additional service. • In view of this fact, and of the fact that the pre- sent routing of buses was appar- ently determined upon by the transportation company in the at. tempt to satisfy the requirements of the different sections of the city, and, after investigation and conference with both the superin- tendent of transportation of the Interstate Power Company, and the City Manager, during which the entire transportation system was exhaustibly studied and consid- ered, and in order to have all the buses now operating, operate over streets properly provided for by ordinance, I am recommending the adoption of the attached ordi- nances which repeal the former ordinances with reference to routes and adopt in lieu thereof, an ordi- nance covering the entire transpor- tation system, setting forth in de- tail each of the specific routes over which buses are being operated, and which includes the change in the Grandview route over Bennett Street, and in the Fremont Route over Dodge Street, which was spe- cifically ordered by your body. I would recommend the adoption of the attached ordinances, the first ordinance repealing Ordinance No. 9-33; the second ordinance re- pealing Ordinance No. 20-32, and the third ordinance amending Or- dinance No. 15-32, the original bus routing ordinance. Respectfully submitted, AL. J. NELSON, City Solicitor. Councilman Murphy moved that the recommendation of City Solici- tor Nelson be approved and that the communication be made a matter of record. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton, Nays—None. Ordinance No. 10-1938 An Ordinance repealing Ordi- nance No. 9-33 entitled: "An ordinance amending an ordinance entitled, `An ordinance authorizing Interstate Power Company, its suc- cessors and assigns to substitute motor bus transportation for street railway transportation in the City Special Session, Ma of Dubuque; fixing a time for the removal of rails, ties, poles, and appurtenances from the streets and the restoration of streets; de- signating motor bus routes; pre- scribing the places for loading and discharging of passengers; impos- ing conditions upon the rights granted by this ordinance; pro- viding for the continuance in effect of all the provisions of the fran- chise ordinance of said Interstate Power Company not inconsistent herewith; and requiring an ac- ceptance of the provisions hereof', as amended by Ordinance No. 20-32 by repealing that portion of Paragraph 258, Section 12, Route 7, and enacting a substitute in lieu thereof", presented and read. Councilman Van Duelman moved that the reading just had be con- sidered the first reading of the ordinance. Seconded by Council- man Murphy. Carried by the fol- lowing vote: Yeas—Mayor Clark, Councilmen Murphy, 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 Murphy. 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 Councilman Murphy. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Ordinance No. 11-1938 An ordinance repealing Ordi- nance No. 20-32 entitled: "An ordinance amending an ordinance entitled `No. 15-32. An ordinance authorizing the Interstate Power Company, its successors and as- signs, to substitute motor bus transportation for street railway transportation in the City of Du- buque; fixing a time for the re- moval of rails, tiles, poles and appurtenances from the streets and the restoration of streets; de- signating motor bus routes; pre- scribing- the places for loading and discharging of passengers, impos- ing conditions upon the rights granted by this ordinance; provid- ing for the. continuance in effect 20th, 1938 109 of all of the provisions of the fran- chise ordinance of said Interstate Power Company not inconsistent herewith; and requiring an accept- ance of the provisions hereof', by repealing that portion of Para- graph 258, Section 12, describing Route 5, and enacting a substitute in lieu thereof", presented and read. Councilman Van Duelman moved that the reading just had be considered the first reacting of the ordinance. Seconded by Coun- cilman Thompson. 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 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 Van Duelman moved that the reading just had be considered the second reading of the ordinance. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Ordinance No. 12-1933 An Ordinance amending an Ordi- nance entitled: "Ordinance No. 15-32. An ordinance authorizing Interstate Power Company, its suc- cessors and assigns to substitute motor bus transportation for street railway transportation in the City of Dubuque; fixing a time for the removal of rails, ties, poles, and appurtenances from the streets and the restoration of streets; de- signating motor bus routes; pre- scribing the places for the loading and discharging of passengers; im- posing conditions upon rights granted by this ordinance; prodd- ing for the continuance in effect of all the provisions of the franchise ordinance of said Interstate Power Company not inconsistent here- with; and requiring an acceptance of the provisions hereof," by re- pealing Paragraph 258, Section 12, and enacting a substitute in lieu thereof, presented and read. Councilman Van Duelman moved that the reading just had be considered the first reacting of the ordinance. Seconded by Coun- 110 Special Session, May 20th, 1938 cilman 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 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, W harbon. 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 Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. There being no further business Councilman Van Duelman moved to adjourn. Seconded by Council- man Murphy. Carried by the fol- lowing vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. J. J. SHEA, City Clerk. Approved %"...),341938. Adopted \A4��URXL-.1938. Attest: ... .....i4+r.���� (l�1 City Clei9c. Regular Session, June 6th, 1938 111 City Council (Official) Regular Session, June 6th, 1938. Council met at 8:05 P. M. Present—Mayor Clark, Council- men Murphy, Thompson, Van Duel - man, Wharton, and City Manager Rhomberg. Mayor Clark stated that this is the regular monthly meeting of the City Council for the purpose of act- ing upon such business as may properly come before the meeting. Claim of Mrs. Laura Bircher in the amount of $500.00 for personal injuries received from tripping on a raised brick in the sidewalk on the south side of West Eleventh Street between Walnut Street and the first alley west of Walnut Street about 11 feet east of a pri- vate driveway going into the G. F. Kauffman property and at a point north of the Kauffman property, presented and read. Councilman Murphy moved to re- fer the claim to the City Solicitor. Seconded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Notice of Claim. of William Mur- phy, father and next friend of Pa- tricia Ann Murphy, a minor, in the amount of $1,000.00 for injuries re- ceived by Patricia Ann Murphy in falling into a depression located in and upon the sidewalk abutting a residence situated 'at 157 South Lo- cust Street, presented and read. Councilman Murphy moved to re- fer the claim to the City Solicitor. Seconded by Councilman Van Duel - man. Carried by the following vote: Yes—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Claim of Mrs. Barbara Kartman in an amount to cover hospital and doctor bills, which bills will be filed later, for injuries received while riding in an automobile oper- ated by her son, said automobile dropped into a hole on West 3rd Street just off Hill Street, present- ed and read. Councilman Thompson moved to refer the claim to the City Solle- itor. Seconded by Councilman Mur- phy. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Communication of Fischer & Company, Inc., submitting invoice in the amount of $33.24 for dam. ages to a truck of Armour & Com- pany which was serviced at their station on April 23rd, and stating that in parking on Locust Street between 3rd and 4th an overhang- ing limb caused damages to said truck in the amount of the receipt - ed invoice, presented and read. Councilman Van Duelman moved to refer the communication with attached receipted invoice to the Park Board. Seconded by Council- man Murphy. Carried by the fol- lowing vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Original Notice of Suit of Otto Burkart in the amount of $127.26 for damage to his automobile at the intersection of West 14th and Henion Streets, said damage result- ing from the placing of two large piles of snow in the traveled por- tion of said West 14th Street, pre- sented and read. Councilman Murphy moved to re- fer the Original Notice of Suit to the City Solicitor. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Communication of J. Edward Whelan submitting application for the position of Police Judge for the rest of the 1938 term., present- ed and read. Councilman Murphy moved to re- fer the communication to the City Council for further consideration. Seconded by Councilman Van Duel. man. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Communication of Buell & Win- ter Engineering Company, Sioux City, Iowa, advising the City Coun- cil that they would like to make up an application to the P.W.A. for a sewage treatment plant for the City of Dubuque presented and read. Councilman Thompson moved to receive and file the communication. Seconded by Councilman Van Duel. 112 . Regular Session, June 6th, 1938 man. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of Presidents Council of the Parent -Teachers' Association, requesting the City Council to pass an ordinance regulating and re- quiring the registration, number- ing, Inspection and prudent opera- tion of bicycles on the streets of the City of Dubuque, presented and read. Councilman Murphy moved to suspend the rules for the purpose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Duel - man. -by Councilman Van Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Messrs. Duane Wilson and A. A. Morr and Mrs. Justman addressed the Council requesting that an or- dinance as outlined in their peti- tion be adopted. Councilman Wharton moved that the petition be referred to the City Solicitor with instructions to pre- pare an ordinance and submit the same to the City Council for fu. ture consideration. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Clark, Councilmen Alurphy, Thompson, Van Duelman, Wharton. Nays—None. Communication of C. C. Simpson,, Secretary of Dubuque Chamber of Commerce, requesting the City Council to refrain from granting Permits for any kind of show, at- traction or concession during Du. buque's participation in the Iowa Territorial Centennial to be held from August 17th to 21st inclusive, without the approval of the Execu- tive Committee of the Dubuque celebration, presented and read. Councilman Murphy moved that the request be granted. Seconded by Councilman Van Duelman. Car. ried by the following vote: Yeas—Mayor Clark, Councilmen Alurphy, Thompson, Van Duelman, Wharton. :nays—None. Petition of Mettel Realty & In. vestment Company submitting a repetition of their former petition for the purpose of straightening out the record to show the correct legal description of the lots in. volved in the vacation of the alley lying between Lot 165 in Finley's Addition and Lots 328, 329, 330, 331 and 332 in Woodlawn Park, presented and read. Councilman Murphy moved to re- fer the petition to the City Solicitor for his information in drawing up a proper ordinance. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy Thompson, Van Duelman, Wharton. Nays—None. Petition of Picnic Committee of St. Catherine's Parish, Route 4, re- questing permission to hang a sign across Main Street during the week preceding their picnic of July 4th, presented and read. Councilman Wharton moved that the request be granted and the erection of said sign to be done under the supervision of the Build- ing Commissioner. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of S. S. Kresge Com- pany, store at 790 Main Street, requesting permission to construct a concrete vault beneath the side- walk on 8th Avenue for the l,ur- pose of housing a deep well pu.ap to be used in conjunction with an air conditioning system, presented and read. Councilman Wharton moved that the request be referred to the Building Commissioner and that the S. S. Kresge Company be in. structed to furnish a proper bond to cover the issuance of excava. tion permit. Seconded by Council- man Van Duelman. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of Walter May and George Kline requesting the City Council to make further inspection of the Anna Hinze property located on Algona Street and calling the attention of the City Council to the fact that nothing has been done to better conditions as stated in their former petition, presented and read. Councilman Murphy moved to re- fer the petition to the City Solic- itor to take proper action. Second. ed by Councilman Thompson. Car- ried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays --None. " Regular Session, June 6th, 1938 113 Petition of Mrs. Edith Lawsen, referred to the City Council by the Board of Supervisors, requesting cancellation of the 1937 taxes on Lot 2 of 1 of 30 and 31 and Lot 2 of 30 and 31 of Morheiser's Ad- dition and Lot 2 of 2 of 16 of Tschirgi & Schwind's Sub., pre- sented and read. Councilman Van Duelman moved to refer the petition to the City Solicitor for investigation hnd re- port. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of Geo. J. Hendricks, re- ferred to the City Council by the Board of Supervisors, requesting suspension of the 1937 taxes on Lot 1 of 1 of l of E1/2 of Lot 40, Und. 1-5 of E. 9 feet of 2 of 1 of E. % of Lot 40, Und. 1-5 of W. 29 feet of E. 9 feet of 2 of 1 of E. 1/2 of Lot 41, Und. 1-5 of No. 9 feet of E. 100 feet of Lot 2 of 1 of E. 1/2 of Lot 41 all in Kelly's Sub., presented and read. Councilman Van Duelman moved to refer the petition to the City Solicitor for investigation and re- port. Seconded by Councilman Wharton. Carried by the follow- ing vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of David S. Jacobson re- questing the City Council to waive the requirement of sanitary sewer connection for a proposed tavern on his property located at 1698 Maple Street and known as Lot 1 of Lot 31.1 of East Dubuque Addi- tion as no sanitary sewer is avail- able, presented and read. Councilman Wharton moved that the requirement of sanitary sewer connection be waived and the re- quest granted in s„ far as the installation complies with the or- dinance. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of John Wieser et al re- questing that the alley running from South Hill Street parallel with Grandview Avenue from Lot 13 to Lot 3 in Stewart's Sub. be closed permanently, presented and read. Councilman Van Duelman moved to refer the petition to the City Council. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of George R. Burden, agent for Viola Rider Burden, Cor- nelia Rider Possart, Frances Rider Lee, Viola Burden James and George R. Burden, owners, and S. S. Kresge Company, lessee, and L. B. Wertz, sub -lessee, requesting permission to construct and main- tain an unloading platform in the alley in the rear of the South 7 feet of City Lot 28A and the north 33 feet of City Lot 27, presented and read. Councilman Murphy moved that the request be granted and that the City Solicitor be instructed to prepare a proper ordinance cover- ing the same. Seconded by Coun- cilmar- Van Duelman. Carried by the f,)l;owing vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Ordinance No. 13-38 An ordinance granting to 1-iola Rider Burden, Cornelia Rider Pos- sart, Frances Rider Lee, Viola Bur- den James, and George R. Burden, owners, and S. S. Kresge Company, lessee, and L. B. Wertz, sub -lessee, their heirs, successors or assigns, the right to construct or maintain a.n unlooding platform in the all, y abutting the South 7 feet of City Lot 28A and the North 33 feet of City Lot 27, in the town, i.nmv city) of Dubuque, Iowa; prescrib- ing the conditions of such permit piesentr-d and read. Councilman Van Duelman moved that the read; n„ just had be con- sidered the first reading of the or- dit,ance. Seconded by Councilman Thompson. Carried by this follow- ing vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, W r. arton. Nays—None. Councilman Wharton moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun. cilman Van Duelman. 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 Wharton moved that the reading just had be considered the second reading of the ordin- 114 Regular Session, June 6th, 1938 ante. Seconded by Counciimar Van Duelman. Carried by the fol lowing vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman. Wharton. Nays—None. Rules and Regulations Covering Use of Municipal Athletic Field 1—General supervision and man• agement of the Municipal Athletic Field is hereby vested in the Play- ground and Recreation Commission of the City of Dubuque, and the active management thereof shall be exercised by the recreational director. 2—All persons or organizations desiring the use of the Municipal Athletic Field must make applica- tion therefor to the Playground and Recreation Commission upon an approved form of application em- bodying these rules and regulations which application shall be filed with the recreational director. 3—For the use of said Municipal Athletic Field, all persons or organ- izations other than as hereinafter specified, desiring the use of said field for baseball or football games for which the public is charged an admission fee, shall, at the time of making application therefor, pay as a rental fee for the use of said field: For baseball games, daytime, $10.00. For baseball games, night- time, $12.00 plus a deposit to cover cost of lighting the field. For football games, daytime, $12.00. For football games, night time, $15.00 plus a deposit to cover cost of lighting the field. The playground commission shall have the right, in lieu of the above rental fees for the use of said field for baseball and football, to col- lect as rental therefor, an amount equal to 10 per cent of all paid ad. missions to said games. 4—For the use of the Municipal Athletic Field for all other events or activities, other than baseball or football, not provided for under Rule 3, the Playground and Recrea. tion Commission shall have the right to determine the rental fee to be paid for the use of said field, and the manner of payment of the same. 5—In consideration of t h e i r granting to the Playground and Re- creation Commission the right to continued use of their a t 111 e t i c fields for the activities and pur- poses of the Playground and Re. creation Commission as heretofor given by them, Columbia Colleg and Academy and the University c Dubuque shall not be required t pay a rental fee for the use c said field for athletic events of w interscholastic nature, exceptin, that said organizations will be re quired to pay a cost of lightin; said field when necessary, 6—In consideration of the finar tial assistance extended to th, Playground and Recreation Com mission by the Independent Schoo District of Dubuque, and the righ to the continued use of their play grounds for the activities and pur poses of the Playground and Re creation Commission as heretofor, given by them, the Independen School District of Dubuque shal not be required to pay a rental fel for the use of said field for athleti, events of an interscholastic nature 7—No c h a n g e or alteration a any character shall be made it either the Athletic Field itself, of in the grandstands, bleachers o, other appurtenances unless per mission in writing to make sale change shall have been granted by the Playground and Recreation Commission at the time of filing the application for the use of said field, and any such change or changes shall be made under the supervision of the recreational director. 8—All persons or organizations to whom the use of the Municipal Athletic Field is granted upon pro- per application shall, within twelve hours after such use, put the field and grandstands in the same con- dition as when said field was taken over for such use. The recondi- tioning of said field and grand- stands shall be under the super- vision of and subject to the inspec- tion and approval of the recrea- tional director. 9—Said Municipal Athletic Field shall not, at any time, or under any occasion, be used by any ap- plicant for any unlawful purpose, and the use of said field shall at all times be subject to the provi- sions of all police and fire regula- tions of the City of Dubuque, Iowa, and in compliance therewith. 10—The custodian in charge of said Municipal Athletic Field under the direction of the Playground and Recreation Commission, shall, with all necessary assistants, have ac- cess to said field at all times in the Performance of his or their official duties. 11—If, in the opinion of the Re- Regular Session, June 6th, 1938 115 creational Director the Municipal Athletic Field, because of climatic or weather conditions, cannot be used by an applicant for said use, the Recreational Director shall have the right and privilege of substituting for said period a like period of similar duration at a la- ter date, and if such substitution in his opinion is not feasible, and cannot be met, he shall have the right to refund to said applicant the fee paid at the time of making said application together with any deposit made therewith. 12—The Playground and Recrea- tion Commission and Recreational Director shall have the right, with- in seventy-two (72) hours prior to the beginning of the period for which an application is made, to cancel said application, 'and to re- fund to said applicant the amount of said application fee, together with any deposit made therewith. 13—The Playground and Recrea- tion Commission shall have the right to lease, from year to year, the concession privilege of said park, including all concession priv- ileges or rights excepting admis- sions. Councilman Wharton moved that the rules and regulations be ap- proved and placed on file. Second- ed by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton, Nays—None. Ordinance No. 10-1938. An Ordi- nance repealing Ordinance No. 9-33 entitled: "An Ordinance amending an ordinance entitled 'An ordinance au- thorizing Interstate Power Company, its successors and assigns to substi- tute motor bus transportation for street railway transportation in the City of Dubuque; fixing a time for the removal of rails, ties, poles, and appurtenances from the streets and the restoration of streets; designat- ing motor bus routes; prescribing the places for loading and discharging of passengers; imposing conditions upon the rights granted by this ordinance., providine for the continuance in effect of all of the provisions of the fran- chise ordinance of said Interstate Power Company not inconsistent here- with; and requiring an acceptance of the provisions hereof, as amended by Ordinance No. 20-32 by repealing that portion of Paragraph 258, Section 12, A0Route 7, and enacting a substitute lieu thereof." said ordinance hav- ing been passed upon first and sec- ond readings on May 20th. 1938, pre- sented and rend a third time. ORDINANCE NO. 10-1938. An Ordinance repealing Ordinance No. 9-33 entitled, "An Ordinance amending an Ordinance entitled. 'An Ordinance authorizing Interstate Pow- er Company, its successors and as- signs to substitute motor bus trans- portation for street railway transpor- tation in the City of Dubuque; fixing a time for the removal of rails, ties. Poles, and appurtenances from the streets and the restoration of streets; designating motor bus routes; pre- scrihing the places for loading and discharging of passengers; imposing conditions upon the rights granted by this ordinance; providing for the continuance in effect of all of the provisions of the franchise ordinance of said Interstate Power Company not inconsistent herewith; and re- quiring an acceptance of the provi- sions hereof,' as amended by Ordi- nance No. 20,-32 by repealing that por- tion of Paragraph 258, Section 12, Route 7, andenacting a substitute in lieu thereof." Be it ordained by the City Council of the City of Dubuque, Iowa: PARAGRAPH 672, SECTION 1. That Ordinance No. 9-33, entitled: An Ordinance amending an Ordi- nance entitled 'Ordinance No. 15,-32. An Ordinance authorizing the Inter- state Power Company, its successors and assigns, to substitute motor bus transportation for street railway transportation in the City of Du- buque, fixing a time for the removal of rails, ties poles and appurtenances from the streets and the restoration of streets; designating motor bus routes; prescribing the places for loading and discharging of passen- gers; imposing conditions upon the rights granted by this ordinance; pro- viding for the continuance in effect of all of the provisions of the fran- chise ordinance of said Interstate Power Company not inconsistent here- with; and requiring an acceptance of the provisions hereof,' as amended by Ordinance No. 20,42 by repealing that portion of Paragraph 258, Sec- tion 12, Route 7, and enacting a sub- stitute in lieu thereof," be, and the same is hereby repealed. PARAGRAPH 673, SECTION 2. This Ordinance being deemed urgent and of immediate necessity shall be in force and effect from and after its final passage and adoption by the City Council and publication as pro- vided by law. Passed on first and second readings this 20th day of May, 1938. Passed, adopted and approved upon final readings this 6th day of June, 1933. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON, Attest: Councilmen. J. J. Shea, City Clerk. Published officially In The Tele- graph -Herald newspaper June 8th, 1938. J. J. SHEA, 6-8-1t City Clerk. Councilman Van Duelman moved the adoption of the ordinance. Sec- onded by Councilman Murphy. Car. ried by the following vote: Y as—'.%LYor Clark, Ccuu..ainu n r,!mphy. Thompson. Van Ditelinan, AVharton. Nays. - None. Ordinance No. ll -1938. An Ordi- nance repealing Ordinance No. 20-32 entitled: "An Ordinance amending 116 Regular Session, June 6th, 1938 Ordinance entitled, 'No. 15-32. An Passed upon first and second read - an Ordinance authorizing the Interstate Ings this 20th day of May, 1938• Power Company, its successors and bus Passed, adopted and approved ulr- assigns, to substitute motor transportation for street railway on final reading this 6th day of June, 1938. transportation in the City of Du- buque: fixing a time for the removal CARL A. CLARK, Mayor. FRANK VAN DUELMAN, of rails, ties, poles and appurte- from the streets and the re- ALBERT W'HARTON, nances storation of streets; designating GEO. R. .MURPHY, F. W. THUb1PSUN motor bus routes; prescribing the places for loading and discharging , Councilmen. of passengers, imposing conditions upon the rights granted by this or- Attest: J. J. SHEA, City Clerk. dinance; providing for the continu- Published officially in The Tele- ance in effect of all of the provisions graph -Herald newspaper June 8th, of the franchise ordinance of said 193x. Interstate Power Company not in- J. J. SHEA, consistent herewith; and requiring an 6-8 It City Clerk. acceptance of the provisions hereof', by repealing that portion of Para- Councilman Van Duelman moved gy P the adoption of the ordinance. Sec - 5l5 ands enacting a substitute in lieu thereof," said ordinance hav- onded by Councilman Murphy. Car• ing been passed upon first and sec- ried by the following vote; pre- and readings on May 20th, 1938, pre- sented and read a third time. Yeas—Mayor (,lark, CJune ,inen ORDINANCE NO. 11-1938 Murphy, Thompson, Van Duelinan, Wharton. An Ordinance repealing Ordinance Nays --roue. No. 20, -32 entitled: "An Ordinance amending an Ordin- Ordinance No. 12-1938. An Ordi- ance entitled 'No. 15, -32. An Ordin- ance authorizing the Interstate Power nance amending an Ordinance en- titled: "Ordinance No. 15-32. An Or- Or- Cornpany, its successors and assigns, dinance authorizing Interstate Power Company, its to substitute motor bus transportation successors and ns signs to substitute motor bus trans for street railway transportation ills the a the City of Dubuque; fixingtime - - portation for street railway trans - portation in the City Dubuque; for the removal of rails, ties, poles of fixing a time for the removal of and appurtenances from the streets rails, ties, poles, and appurtenances and the restoration of streets; desig- from the streets and the restoration nating motor bus routes; prescribing of streets; designating motor bus the places for loading and discharg- routes; Prescribing the ]daces for ing of passengers, imposing condi- tions upon the rights granted bythis loading and discharging of passen- gers; imposing conditions upon rights ordinance;di ordinance; providing for the Contin- r granted by this ordinance; providing in effect all the ions of the franchise ordinance of said for the continuance in effect of all the provisions of the franchise o Interstate Power Company not incon- nance of said Interstate Power Co Com - sistent herewith; and requiring an ac- pany not inconsistent herewith; and requiting an acceptance of the ceptance of the provisions hereof,' by repealing that portion of Paragraph pro- Visions hereof," said ordinance hav- ing been passed upon first 258, Section 12, describing Route 5, ande" and sec - and readings on May 20th, 1938, pre- nacting a substitute in lieu thereof. sented and read' a third time. Be it ordained by the City Council NO. 12-1938 of the City of Dubuque, Iowa: AORDINANCE An Ordinance amending an Ordin- PARAGRAPH 674, SECTION 1. That Ordinance No. 20, ince entitled: nance No. 15-32. An Ordin- -32 entitled, "An Ordinance amending an Ordin- anceer aluthorizing Interstate Power anceentied: 'Ordnance -32 Company, its successors and assigns to tistreetnrailwayutranspo An Ordinance au hio iz nglthe Io. nter- state Power orta- ton for tation Company, its succes- sots and assigns to in the City of Dubuque; fixing a time substitute motor bus transportation for street railway for the removal of rails, ties, poles, and appurtenances transportation in the City of Du- buque; fixing a time for from the streets and the restoration of streets; desig- the removal of rails, ties, poles and appurten- nating motor bus routes; prescribing the places for loading and discharging ances from the streets and the restor- ation of passengers; Imposing conditions up- of streets; designating motor bus routes; on rights granted by this ordinance; prescribing the places for loading and discharging of pas- providing for the continuance in effect of all the provisions of the franchise sengers; imposing conditions upon the rights granted by this ordinance of said Interstate Power Company ordinance; providing for the continuance in ef- feet of all of the not inconsistent herewith; and requiring an acceptance of the provisions ofthe franchise ordinance of said Interstate Power provisions hereof," by repealing Paragraph 258, Section Company, not inconsistent herewith; and requiring I2, and enacting a substitute in lieu thereof. an acceptance of the provisions hereof,' by repeal- Ing Be it ordained by the City Council that nortion of Paragraph 259. Section of the City of Dubuque: 12, describing Route 5, and enacting a substitute in PARAGRAPH 676 SECTION 1. b lieu there- �f," he, and the same is hereby Pealed. That Paragraph 258, Section 12 of re- an Ordinance entitled: 675This , SECTION 2. ThisOrdinance "Ordinance No. 15-32. An Ordin- 'nee authorizing Interstate Power being deemed Pnt and of immediate urg- bn in force necessity Company, its successors and assigns, to substitute motor bus transportation and effect shall Its final nassage and m and after �'Itv adoption for street railway transportation for the City of Dubuque; fixing for r0unPII and by the vidPd by lzw nublication as a time the removal of rails, ties, poles and pro- appurtenances from the streets and the restoration of streets; designating Regular Session, motor bus routes; prescribing the places for loading and discharging of passengers; imposing conditions upon the rights granted by this ordinance; providing for the continuance in ef- fect of all of the provisions of said franchise ordinance of said Interstate power Company not inconsistent here- with;and req hereofan acceptance of the provisions be, and the same is hereby repealed and the following enacted in lieu thereof: "PARAGRAPHSECTION OUTES- 2 In consideration of the permission to abandon the railway system and substitute therefore motor bus trans- portation, and in order to provide greater facilities to the public• with- out interfering with or nullifying rail- way routes as existing when the franchise ordinance was adopted, it is provided that the routes to be tra- versed by said motor bus transporta- tion system shall be as follows: 1—MAIN STREET ROUTE: Com- mencing at Jones and Main Streets; thence on Main Street to Thirteenth Street; Thence on Thirteenth Street to Central Avenue; thence on Central Avenue to Twenty-fourth Street; thence on Twenty-fourth Street to Jackson Street; thence on Jackson Street to Milwaukee; thence on Mil- waukee Street to Central Avenue; thence on Central Avenue to Fifteenth Street; thence on Fifteenth Street to Main Street; thence on Main Street to point of beginning. 2—GRANDVIEW AVENUE ROUTE: Commencing at Eighth Avenue and Main Street; thence on Main Street to West Fourteenth Street; thence on West Fourteenth Street to Prairie Street; thence on Prairie Street to West Eleventh Street; thence on West Eleventh to Race Street; thence on Race Street to Rose Street; thence on Rose Street to Alta Vista Street; thence on Alta Vista Street to West Fourteenth Street; thence on West Fourteenth to Algona Street; thence on Algona Street to Bennett Street; thence on Bennett Street to North Grandview Avenue; thence on North Grandview and South Grandview Ave- nue to Southern Avenue; thence on Southern Avenue to South Locust Street; thence on South Locust Street to Dodge Street; thence on Dodge Street to Main Street; thence on Main Street to place of beginning at Eighth Avenue and Main Street. 3—CLEVELAND AVENUE AND DODGE STREET ROUTE: Commenc- ing on Main Street at West Eleventh Street; thence on Main Street to Jones Street; thence on Jones Street to Locust Street; thence on Locust Street to Dodge Street; thence on Dodge Street to Grandview Avenue; thence on South Grandview Avenue to Bryant Street; thence on Bryant Street to Rush Street; thence on Rush Street to Villa Street (weather per- mitting, otherwise on Rush Street to Mountain Lane); thence on either Vil- la Street or Mountain Lane to Cleve- land Avenue, thence on Cleveland Avenue to Bryant Street thence on Bryant Street to Dodge Street; thence on Dodge Street to Locust Street; thence on Locust Street to Jones Street; Thence on Jones Street to Main Street; thence on Main Street to West Tenth Street; thence on West Tenth Street to Iowa Street; thence on Iowa Street to West Eleventh Street; thence on West Eleventh Street to the place of beginning. 4—FREMONT AVENUE ROUTE: Commencing at Eighth Avenue and une 6th, 1938 117 Main Street; thence on Main Street to Jones Street; thence on Jones Street to Locust Street; thence on Locust Street to Dodge Street; thegce on Dodge Street to Fremont Avenue; thence on Fremont Avenue to Wart- burg Place; thence on Fremont Ave- nue and Dodge Street to Grandview Avenue; thence on South Grandview Avenue to Bryant Street; thence re- turn on South Grandview and North Grandview Avenue to Delhi Street; thence on Delhi Street to Algona Street; thence on Algona Street to `Vest Fourteenth Street; thence on West Fourteenth Street to Alta Vista Street; thence on Alta Vista Street to Rose Street; thence on Rose Street to Race Street; thence on Race Street to West Eleventh Street; thence on West Eleventh Street to Prairie Street; thence on Prairie Street to %Vest Fourteenth Street; thence on West Fourteenth Street to Main Street; thence on Main Street to place of beginning. 5— S E M I NARY HILL ROUTE: Commencing at White Street and Fast Eighth Avenue; thence on White Street to East Seventh Street; Thence on East Seventh Street and West Seventh Street to Main Street; thence on Main Street and Madison Street to Seminary Street; thence on Seminary Street to St. Ambrose Street; thence on St. Ambrose and Asbury Streets to Delhi Street; thence on Delhi Street to Julien Ave- nue at 'Mount Pleasant Street; thence on Julien Avenue to Alpine Street; thence on Alpine Street to West Third Street; thence on West Third Street to Hill Street; thence on Hill Street to Eighth Avenue; thence on Eighth Avenue to point of beginning on White Street. E — WEST DUBUQUE ROUTE: Commencing at White Street and Fast Eighth Avenue; thence on East L1lghth Avenue and Eighth Avenue to Hill Street; thence on Hill Street to West Third Street; thence on West Third Street to Alpine Street; thence on Alpine Street to Julien Avenue; thence on Julien Avenue to Delhi Street; thence on Delhi Street to Asbury Street; thence on Asbury Street and St. Ambrose Street to Seminary Street; thence on Semi- nary Street to West Locust Street; thence on West Locust Street to West Seventeenth Street; thence on West Seventeenth Street to Main Street; thence on Main Street to West Sixth Street; thence on West and East Sixth Streets to White Street; thence on White Street to Place of beginning. 7—LINWOOD AVENUE ROUTE: Commencing at Eighth Avenue and Main Street; thence on Main Street to West Thirteenth Street; thence on West Thirteenth Street to Central Avenue; thence on Central Avenue to Twenty-second Street; thence on Twenty-second Street to Windsor Avenue: thence on Windsor Avenue to Davis Street; thence on Davis Street to Sheridan Street; thence on Sheridan Street to Edith Street; thence on Edith Street to Burden Street; thence on Burden Street to Windsor Avenue; thence on Windsor Avenue to East Twenty-second Street; thence on East Twenty- second Street to Central Avenue; thence on Central Avenue to Third Street; thence on Third Street to Iowa Street; thence on Iowa Street to Second Street; thence on Second Street to Main Street; thence on Main Street to place of beginning. llg Regular Session, June 6th, 1938 &—EAGLE POINT ROUTE: Com mencing at Jones and Main Streets thence on Main Street to West Thin te.enth Street; thence on West Thin teenth Street to Central Avenue thence on Central Avenue to Twen• tieth Street; thence on Twentietl Street to Rhomberg Avenue; thence on Rhomberg Avenue to Lincolr Avenue; thence on Lincoln Avenue to Sumner Street; thence on Sum- ner Street to Rhomberg Avenue; tlience on Rhomberg Avenue to: Shims Street; thence on Shlras Street to Eagle Point Park; thence return on Shiras Street to Rhomberg Avenue; thence on Rhomberg Ave- nue to East Twentieth Street; thence on East Twentieth Street to Central Avenue; thence on Central Avenue to Fifteenth Street; thence on West Fifteenth Street to Main Street; thence on Main Street to place of beginning. (The portions of this route from Rhomberg Avenue to Eagle Point Park over Shiras Street may be re- stricted to the summer months). 9—CLEVELAND AVENUE AND MOUNT CARMEL ROUTE: Com- mencing at Eighth Avenue and Main Street; thence on Main Street to Dodge Street; thence on Dodge Street to Bryant Street; thence on Bryant Street to South Grandview Avenue: thence on South Grandview Avenue to end of Avenue at Mt. Car- mel; thence return on South Grand- view to Bryant Street; thence on Bryant Street to Rush Street; thence on Rush Street to Villa Street (treather permitting, otherwise on Rush Street to Mountain Lane); thence on either Villa Street or Mountain Lane to Cleveland Ave- nue; thence on Cleveland Avenue to Bryant Street; thence on Bryant street to Dodge Street; thence on Dodge Street to Main Street; thence on Main Street to place of begin- ning. 10 — PAST Commencing on ElighTthQ Avenue. ROUTE: of Main Street; thence on Eighth Avenue to Central Avenue; thence on Central Avenue to Fourth Street; thence on East Fourth Street bast Dubuque Bridge; returning fromto East Dubuque Bridge on East Fogrth Street to Central Avenue; thence on Central Avenue to Seventh Street; thence on Seventh Street to Main Street; thence on Alain Street to Eighth Avenue Avenue ; thence on Eighth to place of beginning. SPECIAL SCHOOL BUS ROUTES. (al Commencing on Main Street at Jones Street; thence on Main Street to Railroad Street; thence on Rail- road Street to Locust Street; thence on Locust Street to Rockdale Road; thence on Rockdale Road Gto South Grandview Avenue; thence on South AGrandview Avenue to end of Avenue; venue and No th South Grandview to West Third Grandview Avenue West Third Third Street; thence on thence on Alpine Alpine Street; Avenue; thence on Julien to Jul Delhi Street; thence Street Asbury Street; thenceDelhi Street to St. Ambrose Sreet; thence St St. Ambrose Street to Seminary Street; thence on Seminary Street t" Fest Locust Street; thence on West Locust Street to West Seven- teenth' Street; thence on bleat Seventeenth Street to Central Avst nue; thence on Central Avenue to bus terminal at Twenty-fourth Street: (b) Commencing on Main Street at Fifteenth Street; thence on Fif- teenth Street to Locust Street. thence on Locust Street to West Locust Street; thence on West Locust Street to Seminary Street; thence on Seminary Street to Avoca Street; thence on Avoca Street to Rosedale Avenue; thence oil Rosedale Avenue to West Locust Street; thence on West Locust Street to West Seventeenth Street; thence on West Seventeenth Street to Central Avenue; thence on Central Avenue to bus terminal at Twenty- fourth Street. (c) Commencing at Garfield Ave- nue and Elm Street; thence on Gar- field to Marshall Street; thence on Marshall Street to Rhomberg Ave- nue; thence on Rhomberg Avenue to place of beginning at Elm Street. The foregoing routes shall be maintained and services by motor bus transportation for the remain- ing period of the franchise of said company, its successors and as- signs, except modification and addi- tions thereto may, when properly au- thorized, be made as the demands and convenience of the public may make the same necessary or advisa- ble. PAR. 677 Section 2. This ordinance shall be in force and effect ten (10) days from and after its final passage, adoption and approval of the City Council and publication as provided by law. Passed upon first and second read- ings this 20th day of May, 1938. Passed, adopted and approved upon final reading this 6th day of June, 1938. CARL A. CLARK, GEO. R. MURPHY Maypr FRANK VAN DUELMAN ALBERT WHARTON F. W. THOMPSON ATTEST: Councilmen Published officially AinCiThe Clerk. Tele- graph -Herald newspaper June 8th, A. D., 1938. 6-8-1t J. J. SHEA, City Clerk Councilman Van Duelman moved the adoption of the ordinance. Sec. onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Report of the Board of Health for the month of April, 1938, pre- sented. Councilman Murphy moved that the report of the Board of Health for the month of April, 1938, be re- ceived and placed on tile. Second- ed by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson,. Van Duelman, Wharton. Nays—None. Regular Session, June 6th, 1938 119 Dubuque, Iowa, June 3rd, 1938. 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 amend- ed, the Civil Service Commission conducted an entrance examination on April 26th, 1938, for those seek- ing positions on the eligible list for appointment to positions on the Police and Fire Departments. The following are those who passed the mental• and physical ex- aminations with the highest aver- ages. All appointments for posi- tions on the Police and Fire De- partments should be made from this list for the period ending April, 1939. POLICE DEPARTMENT Homer D. Clark ..........................97% Walter L. Grace ............................95% Clarence A. Oswald ......................913/s Jerome Steffen ..........................89% Joseph Casanova ........................88% Herman J. Rave ..........................841/8 John J. Ney..................................83% Clarence P. Ryan ........................82% Robert L. Golden ........................811/4 Ivan G. Feltes...............................74 FIRE DEPARTMENT John T. Ratterman ....................973/4 J. Norbert Rauch..........................961/.1 Homer M. Buckley ....................95% Paul J. Corbett.............................95% Edward Gerhards ........................94% John M. Connelly ........................941/s William J. Lynch ........................93% Cyril V. Behr ................................881/8 Joseph J. Blasen ............................87% Leo J. Sullivan ............................87% Respectfully submitted, E. J. RYAN, Chairman. W. J. RAWSON, C. S. HARKER, Commissioners. J. J. SHEA, Clerk. State of Iowa Z County of Dubuque j SS. Subscribed and sworn to before me, a Notary Public in and for Du- buque County, State of Iowa, this 6th day of June, 1938. [Seal.] C. A. REED, Notary Public in and for Dubuque County, State of Iowa. Councilman Murphy moved that the report of the Civil Service Commission be made a matter of record. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. June 6, 1938. To the Honorable Mayor and City Council, . Dubuque, Iowa. Gentlemen: At the meeting of the City Couahcil held February 7, 1938, the City Manaxer was di- rected to obtain from the Inter- state Power Company and the Key City Gas Company a statement of their earnings and disbursements for the calendar year 1937. A statement from the Key City Gas Company was obtained under the date of February 16th and that of the Interstate Power Company on May 10th, 1938. The statements are herewith transmitted to the Council for their further action. Respectfully submitted,. A. A. RHOMBERG, City Manager. Councilman Murphy moved that the communication of City Man- ager Rhomberg and the statements be referred to the City Council for future action. Seconded by Coun- cilman Thompson. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. June 6, 1938. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the meeting of the City Council held March 7, 1938, the petition of H. T. Bertsch for additional lights on Sunset Ridge was referred to me for in- vestigation and report. I have examined the original plat of Sunset Ridge filed in the County Recorder's office under the date of February 27, 1926, and find that the Sunset Ridge driveway has never been dedicated as a street. The dimensions indicated for the vari- ous lots presumably run to the edge of the 20 foot paved drive- way and it is my opinion that the title to the paved driveway is in the names of the heirs to the Har. riet Guthrie estate. It is my recommendation that no further lights be installed for the reason that the Sunset Ridge drive- way is not a city street. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Murphy moved that the recommendation of City Man- ager Rhomberg be approved. Sec- onded by Councilman Van Due] - man. Carried by the following vote: 120 Regular Session, June 6th, 1938 yeas—Mayor Clark, Councilmen possible future developments in Murphy, Thompson, Van Duelman, this district uncertain and Indefin. R'harton. ite, it would be a mistake to re• Nays—None. lease the street in question. June 6, 1938. Respectfully submitted, To the Honorable Mayor and City R. V. McKAY. Council, Planning and Zoning Commission. Dubuque, Iowa. R. V. McKay, Secretary. Gentlemen: At the session of the City Council held May 2, 1938, Councilman Murphy moved that the petition of Mrs. Minnie Zogg, the recommendation of the Plan - ning and Zoning Commission requesting a reduction g the be approved. Seconded by Councilman specici al assessments levied against sp Thompson. Carried by the follow their property for the improvement - ing vote: Roosevelt Street was referred to me for investigation and report. m yeas—Mayor Clark, Councilmen I find from the examination of Murphy, Thom T Thompson, Van Duelman, the records that Roosevelt Street Wharton. was improved at a total cost of Nays—None. $23,456.04, toward the payment of Resolution No. 45-38 which a Federal Grant of $6,835.65 Whereas, applications for Beer was secured, and that an assess- ment was levied against the bene- Permits have been submitted to fitted property on March 27, 1934, this Council for approval and the for the balance. Objections were same have been examined: Now, therefore, heard to this assessment and on June 5, 1934, the City Council 1•ev- Be it resolved by the Council Jed a revised assessment which of the City of Dubuque that the raised the City's share of the total following applications be and the improvement to $4,776.39. same are hereby approved and it It would appear from the record is ordered that the premises to that the assessment was legally be occupiedby such applicants levied In the amounts which the shall be forthwith inspected. �'• Council, in 1934, felt were equit- CLASS "B" PERMIT able and just. Respectfully submitted, A. R. Uppinghouse (New), 238 - A. A. RHOMBERG, 240 Nest 6th Street. City Manager. Mrs. Frank R. Gregory g Y (New), Councilman Van Duelman moved 1120 Julien Avenue. that the communication of City George Nardin (Transfer of ad - Manager Rhomberg be made a mat- dress from 555 West 8th Street), ter of record. Seconded by Coun- 1105 Julien Avenue. Gilman Wharton. Carried by the Leo Link (Renewal),, 1487 Cen- following vote: tral Avenue. Yeas—Mayor Clark, Councilmen Martin Meyer (Renewal), 530 Murphy, Thompson, Van Duelman, East 22nd Street. Wharton. Dell Warren (Renewal), 1700 Nays—None. Central Avenue. May 20, 1938. To the Honorable Mayor and City CLASS "C" PERMIT Chas. Savary Y (Renewal), 892 City of Dubuque, Iowa. Cleveland Avenue. Gentlemen: The attached peti. tion of Felix G. Passed, adopted and approved this 6th day of June, 1938. Becker and E Voggenthaler requesting the City CARL A. CLARK, Council to vacate that portion of Wall Street located between Mayor. FRANK VAN DUELMAN, their respective properties South of Sev- ALBERT WHARTON, enth Street in Dubuque Harbor Im. GEO. R. MURPHY, provement CoAddition, received the consideration P. W. THOMPSON,, of the PlanningCouncilmen. and Zoning Commission at a meet• Attest: J. J. SHEA, Ing held May 20th. City Clerk. After viewing the property it was unanimously Councilman Thompson moved resolved to recom- mend to your body that public in. the adaption of the resolution. Seconded by Councilman Van Duel- terests suggests that this petition be denied. man. Carried by the followingf Wall Street leads vote: from the bust- ness district Southerly to City Yeas—Mayor Clark, Councilmen Murphy, pro- perty in the neighborhood Dubuque Thompson, Van Duelman, Wharton. of the Athletic Field and with Nays—None. Regular Session, June 6th, 1938 Resolution No. 46-38 Whereas, heretofore applications were filed by the within named applicants for Beer Permits and they received the approval of this Council; and Whereas, the premises to be oc- cupied by them have been inspect. ed and found to comply with the ordinances of this City and they have filed a proper bond: Now, therefore, Be it resolved by the Council of the City of Dubuque that the Manager be and he is hereby di- rected to issue to the following named persons a Beer Permit. CLASS "B" PERMIT A. R. Uppinghouse (New), 238- 240 West 6th Street. Mrs. Frank R. Gregory (Nev), 1120 Julien Avenue. George Nardin (Transfer of ad- dress from 555 West 8th Street), 1105 Julien Avenue. Leo Link (Renewal), 1487 Cen- tral Avenue. Martin Meyer (Renewal), 530 East 22nd Street. Dell Warren (Renewal), 1700 Central Avenue. CLASS "C" PERMIT Chas. Savary (Renewal),. 892 Cleveland Avenue!. Be it further resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 6th day of June, 1938. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON,, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Murphy moved the adoption of the resolution. Sec- onded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. June 6, 1938. Honorable Mayor and City Council, City of Dubuque, Iowa. Gentlemen: In accordance with Your request I have inspected the location and plan of the proposed loading platform for the City Mar- ket at 13th and Central Avenue. This platform will not project into the alley as far as the tele- phone poles and stairway. The Plan of construction is satisfactory 121 and I would suggest that the re- quested permission be granted. Respectfully submitted, H. H. HOWIE, Building Commissioner. Councilman Van Duelman moved that the request be granted and that the City Solicitor be instructed to prepare a proper ordinance cov- ering tue request. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Na -s --None. There being no further business Councilman Murphy moved to ad- journ. Seconded by Councilman Thcmpson. Carried by the follow• ing vote: Yews—Mayor Clark,, Councilmen Nurpby, Thompson, Van Duelman, Wharton. Nays—None. J. J. SHEA, City Clerk, Approved /./1938. Adopted , I,L...._43E, ............ I ........... -..2o v Attest: ... , . City Clerk 1?? cial Session, June 6th, 1938 Board of Health (Official) Special Session, June 6th, 1938. Board met at 9:15 P. M. P r e s e n t— Chairman Carl A. Clark, Messrs. Geo. R. Murphy, F. W. Thompson, Frank Van Duelman and Albert Wharton. Resolution of Board of Health of the City of Dubuque, Iowa. Be it Resolved by the Board of Health of the City of Dubuque, Iowa, that the General Insulating and Manufacturing Company of the City of Dubuque, Iowa, be notified to stop and cease operating their plant until such time as said com- pany complies with the recommen- dations of the Department of Health of the State of Iowa, and the orders of the Health Depart- ment of the City of Dubuque, Iowa, by the installation of proper appar- atus for the removal of poisonous gases from the vapors or gases emitted from said plant during its operation presented and read. City Manager Rhomberg recom- mended that the Board of Health defer action on the resolution and that the General Insulating and Manufacturing Company be allow- ed a reasonable time to comply with the provisions of the resolu. tion. Mr. Geo. R. Murphy moved that the recommendation of City Man- ager Rhomberg be approved. Sec- onded by Mr. F. W. Thompson. Carried by the following vote: Peas—Chairman Carl A. Clark, Messrs. Geo. R. Murphy, F. W. Thompson, Frank Van Duelman and Albert Wharton. Nays—None. There being no further business, Mr. Frank Van Duelman moved to adjourn. Seconded by Mr. Geo. R. Murphy. Carried by the following voteYeas — Chairman Carl A. Clark, Messrs. Geo. R. Murphy, F. W Thompson, Frank Van Duelman and Albert Wharton. Nays—None. J Clerk, Board of Health. Approved �I��!trp�,t,�,� � �.1938. Adopted U �. ...1938. r Member of Bold of .. ..... .......................... Health Attest: .. Cl k, Board of Health. Special Session, June 30th, 1938 123 City Council (Official) Special Session, June 30th, 1938. Council met at 8:00 P. M. Present—Mayor Clark, Council- men Murphy, Thompson, Van Duel - man, Wharton, City M a n a g e r Rhomberg. Meeting called by order of Coun- cilmen Van Duelman and Wharton. Mayor Clark read the call and stated that service thereof had been duly made and that this meet- ing is called for the purpose of adopting resolutions directing the City Manager to issue beer permits and cigarette permits and acting on any other business as may prop- erly come before a regular meeting of the City Council. Notice of Claim of Harold Bar- rett in the amount of $25.00 for damages done to his store fixtures and stock caused by water from Mt. Loretta Street during the storm of June 14th, 1938, presented and read. Councilman Wharton moved to refer the claim to the City Solic- itor. Seconded by Councilman Mur- phy. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Notice of Claim of Gabriel F. Beck in the amount of $15.00 for damages done to his garden on the night of June 14th, 1935, due to the storm sewer not taking the water, Presented and read. Councilman Wharton moved to refer the claim to the City Solic- itor. Seconded by Councilman Mur- phy. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Notice of Levy and Sale of Mary Weber Frehlich versus Philip Ers- chens et al, against Lots 1 and 2 of the Sub. of Lot 8 and the North 23 feet 6 inches of Lot 7, all in S. M. Langworthy's Subdivision, Presented and read. Councilman Thompson moved to refer the Notice of Levy and Sale to the City Solicitor. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. KEY .CITY LODGE, No. 1238, International Association of Machinists. Dubuque, Iowa, J. J. Shea, June 11th, 1938. City Clerk of Dubuque Iowa. Dear Sir: We are taking this means of informing the Honorable City Manager and City Council of the fact that Mr. Homer Clark and Mr. Herman Rave are among the high men who are eligible for ap- pointment to vacancies that may occur in the City Police Depart- ment. We are requesting that you give these men every consideration for any appointment that may be made. Thanking you in advance for any assistance, I remain, JOHN R. GROGAN, Rec. Sec. No. 1238. Councilman Murphy moved that the communication be made a mat- ter of record. Seconded by Coun- cilman Wharton. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. IOWA STATE HIGHWAY COMMISSION, Division Maintenance Engineer. Manchester, Iowa, June 6th, 1938. J. J. Shea, Clerk, City of Dubuque, Dubuque, Iowa. Dear Sir: Enclosed you will find one copy of our form 593—Resolu- tion Primary Road Extensions, Ci- ties and Towns, as well as form 594—Contract. These have been approved and accepted by the Iowa State High- way Commission, being signed by C. L. McKinnon, Chairman. These are for your files. Yours very truly, FRANK L. DAVIS, Div. Maint. Engineer. Councilman Murphy moved that the communication be made a mat- ter of record. Seconded by Coun- cilman Van Duelman. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Councilman Wharton moved to suspend the rules for the purpose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Sec- onded by Councilman Van Duel - man. Carried by the following vote: 124 Special Session, June 30th, 1938 Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Mr. Charles Spielman addressed the Council relative to the charges made by the Interstate Power Com- pany for bus fare and asking what action has been taken by the Coup- cil in ordering a reduction, also re- questing the Council to compare the rates charged by the Interstate Power Company for electricity in Dyersville and in Dubuque. The Council advised Mr. Spielman that they were considering at this time both electric light rates and bus fare charges. Mr. Miller addressed the Council requesting that Charles Street be vacated. Councilman Wharton moved that the request be referred to the City Manager for investigation and re- port. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays --None. Communication of Iowa Housing League earnestly requesting the City Council support and advice in Plans toward better housing for the people of the State of Iowa, Presented and read. Councilman Murphy moved to re- fer the communication to the City Council for further consideration. Seconded by Councilman Van Duel. man. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Communication of St. M a r Y's Church requesting permission to display a banner a c r o s s Main Street between Sixth and Seventh Streets, presented and read. City Manager Rhomberg advised the City Council that on account of no Council meeting being scheduled that he had granted the request. Councilman Murphy moved that the action of City Manager Rhom- berg in granting the request be ap- proved. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of American Log! o n Drum Corps requesting permission to suspend a banner across Main Street between 8th and 9th Streets presented and read. City Manager Rhomberg advised the City Coun. cil that on account of no Council meeting being scheduled that he had granted the request. Councilman Murphy moved that the action of City Manager Rhom. berg in granting the request be ap- proved. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of Anthony Puccio re. questing exemption from the Fruit Peddlers' License, presented and read. Councilman Thompson moved to refer the petition to the City Council for further consideration. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of Women's Guild of St. Mark's Lutheran Church request- ing permission to block off 12th Street, between Locust and Bluff Streets, presented and read. City Manager Rhomberg advised the City Council that on account of no Council meeting. being scheduled that he had granted the request. Councilman Van Duelman moved that the action of City Manager Rhomberg in granting the request be approved. Seconded by Council- man Thompson. Carried by the fol- lowing vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of Ellis Tindell request- ing permission to construct a porch and steps on the rear of his house located at 632 8th Avenue, said porch and steps would extend out in the alleyway about three feet, presented and read. Councilman Wharton moved to re- fer the petition to the Building Commissioner for investigation and report. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of Dubuque Tent No. 24 The Macabees requesting permis- sion to use the lots west of the Dubuque Athletic Field for the pur- Special Session, June 30th, 1938 125 pose of holding a carnival during the week of July 18th to 23rd, both inclusive and also that the rental and license fees be waived, presented and read. Councilman Van Duelman moved that the request be granted and that both the rental fee and li. cense fee be waived. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of Molo Oil Company requesting that they be given fire protection during the holding of their shows at Silver Acres on July 3rd and 4th, presented and read. Councilman Thompson moved that the request be granted. Sec- onded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Clark,, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of Trausch Baking Com- pany requesting permission to build and install an underground coal hopper and storage bin in Salina Street at the rear of their plant located on Lot 4 of Dubuque Har- bor Company's Addition, presented and read. Councilman Murphy moved to re- fer the petition to the Building Commissioner for investigation and report. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of Trausch Baking Com- pany requesting permission to build and install an underground gasoline storage tank in the rear of Lot 1 of Lot 1 of Lot 1 of Lot 3 of Dubuque Harbor Company's Addition, presented and read. Councilman Murphy moved to re- fer the petition to the Building Commissioner for investigation and report. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. NaYs—None. June 30th, 1938. To the Honorable Mayor and City Council, City of Dubuque, Iowa. Gentlemen: I have examined the ground, plans and specifica- tions for the proposed underground coal hopper and underground gaso- line storage tank as outlined in the Petitions of the Trausch Baking Co. As contemplated and if construct- ed according to fhe Building Code they offer no objection to the street or danger to life or property. In line with the above I would suggest that permission be granted for con- struction. Respectfully submitted, H. H. HOWIE, Building Commissioner. Councilman Wharton moved that the report of Building Commission- er Howie be made a matter of record and that the City Solicitor be instructed to prepare proper or. dinances. Seconded by Councilman Van Duelman. Carried by the fol. lowing vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of Mrs. Martha Wilson, referred to the City Council by the Board of Supervisors, requesting suspension of the 1937 taxes on Lot 7 Sub. of City Lot 730 and 1 of Union Addition,, presented and read. Councilman Murphy moved to re- fer the petition to the City Solic- itor for investigation and report. Seconded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Clark, Councilmen Mnrphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of Julia Clark, referred to the City Council by the Board of Supervisors, requesting suspen- sion of the 1937 taxes on Lots 3 and 4 of City Lot 682,, presented and read. Councilman Murphy moved to re- feT the petition to the City Solic- itor for investigation and report. Seconded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelmau, Wharton. Nays—None. Petition of Della C. Thul•1, refer- red to the City Council by the Board of Supervisors, requesting cancellation of the 1937 taxes on the South 2 feet 6 inches of Lot 2 and all of Lot 3 in Kleinschmidt's Sub -division, presented and read. Councilman Murphy moved to re- fer the petition to the City Solicitor for investigation and report. Sec- onded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Clark, Councilmen 126 Special Session, June 30th, 1938 Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of Spahn & Rose Lum- ber Company requesting permis- sion to erect a wall around their area ways on both the Washington Street side of their building and the East Eighth Avenue side of their building, presented and read. Councilman Thompson moved to refer the petition to the City Coun- cil to view the grounds. Second- ed by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Communication of Frank Huftill submitting his application for ap- pointment to the vacancy that is existing on the Library Board, pre- sented and read. Councilman Van Duelman moved that Mr. Frank Huftill be appointed as a member of the Library Board to fill the unexpired term of H. B. Gniffke, deceased, said term to ex- pire July 1st, 1939. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson,, Van Duelman, Wharton. Nays—None. Petition of Dubuque Trades and Labor Congress requesting permis- sion to bold a parade on the streets Of Dubuque on Saturday, July 30th, 1938, at 10:00 A. M., presented and read. Councilman Murphy moved that the request be granted. Seconded by Councilman Van Duelman, Car- ried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of Louis Hoffman et al objecting to the discontinuing of the Mt. Carmel bus service over South Locust Street and Southern Avenue and requesting that said service be restored to its former route, presented and read. Councilman Wharton moved to refer the petition to the City Coun- ell. Seconded by Councilman Van Duelman. Carried by the follow. Ing vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Wharton. Van Duelman, Nays—None. Council Proceedings for the month of April, 1938, presented for approval. Councilman Murphy moved that the Council Proceedings for the month of April, 1938, be approved as printed. Seconded by Council- man Thompson. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Ordinance No. 13-38. An ordinance granting to Viola Rider Burden, Cornelia Rider Pos- sart, Frances Rider Lee, Viola Bur- den James, and George R. Burden, owners, and S. S. Kresge Company, lessee ,and L. B. Wertz, sub -lessee, their heirs, successors or assigns, the right to construct or maintain an unloading platform in the alley abutting the south 7 feet of City Lot 28A and the north 33 feet of City Lot 27, in the town, (now city) of Dubuque, Iowa; prescrib- ing the conditions of such permit, said ordinance having been passed upon first and second readings on June 6th, 1938, presented and read a third time. ORDINANCE 13-38 An ordinance granting to Viola Rider Burden, Cornelia Rider Possart, Frances Rider Lee, Viola Burden James, and George R. Burden, owners, and S. S. Kresge Company, lessee, and L. D. Wertz, sub -lessee, their heirs, successors or assigns, the right to construct or maintain an unloading platform in the alley abutting the South 7 feet of City Lot 28A and the North 33 feet of City Lot 27, In the town, (now city) of Dubuque, Iowa; prescribing the conditions of such permit. Be it ordained by the City Council of the City of Dubuque: Paragraph 678 Section 1 That Viola Rider Burden, Cornelia Rider Possart, Frances Rider Lee, Viola Burden James, and George R. Burden, owners, and S. S. Kresge Company, lessee, and L. B. Wertz, sub -lessee, their heirs, successors or assigns, be, and they are hereby granted the right and authority to construct and maintain an unloading platform in the alley abutting the South 7 feet of City lot 28A and the North 33 feet of City lot 27 in the town (now city) of Dubuque, Iowa, such unloading platform to be 3 feet 0 inches in width, and 8 feet 0 inches in length, and 5 feet 6 inches in heighth, the same to be used in connection with the operation of the business of said sub -lessee, L. B. Wertz, said structure to be built un- der the supervision of the Building Commissioner of the City of Dubuque. Paragraph 679 Section 2. It is understood and provided that such right, license and permission to use such alley is subject to the continuous control of the City Coun- cil of the City of Dubuque, reserving the right to impose restrictions or conditions upon the enjoyment there- of, as may be reasonably necessary for the protection of the public in- terests, 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 revoked by said City Council, said owners, lessee, and sub -lessee, their Special Session, heirs, successors and assigns, shall remove such unloading platform at their own expense, and restore such part of the alley as has been occupied thereby, to the same condition it was in prior to the construction of such platform. Paragraph 680 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 hereunder shall accrue to said Viola Rider Burden, Cornelia Rider Possart, Frances Rider Lee, Viola Burden James, and George R. Burden, owners; and S. S. Kresge Company, lessee; and L. B. Wertz, sub -lessee, their heirs, successors and assigns, when the provisions hereof shall have been accepted by them. Passed upon first and second read- ings, this 6th day of June 1938. Passed, adopted and approved upon final reading this 30th day of June, 1938. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. ACCEPTANCE BY OWNERS George R. Burden, agent for Viola Rider Burden, Cornelia Rider Possart, Frances Rider Lee, Viola Burden James, and George R. Burden, as owners of the South 7 feet of City Lot 28A, and the North 33 feet of Cfty Lot 27, in the town (now city) of Dubuque, Iowa, does hereby, on behalf of said owners, accept the terms, pro- visions and conditions of the ordi- nance adopted by the City Council of the City of Dubuque, designated as, "Ordinance No. 13-38. An ordinance granting to Viola Rider Burden, Cor- nelia Rider Possart, Frances Rider Lee, Viola Burden James, and George R. Burden, owners, and S. S. Kresge Company, lessee, and L. B. Wertz, sub -lessee, their heirs, successors or assigns, the right to construct or maintain an unloading platform in the alley abutting the South 7 feet of City Lot 28A and the North 33 feet of City Lot 27, in the town, (now city) of Dubuque, Iowa; prescribing the conditions of such permit." this 5th day of July 1938. Viola Rider Burden, Cornelia Rid- er Possart, Frances Rider Lee, Viola Burden James, and George R. Burden, owners, By GEO. R. BURDEN, Agent. ACCEPTANCE BY LESSEE The S. S. Kresge Co. lessee of the premises described as the South 7 feet of City Lot 28A, and the -North 33 feet of City Lot 27, in the town (now city) of Dubuque. Iowa, 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. 13-58. An ordinance granting to Viola Rider Burden, Cor- nelia Rider Possart, Frances Rider Lee. Viola Burden Dann s, and (7eortre R. Burden, owners. and S. S. Kresge Company, lessee, and L. B. Wertz, sub -lessee, their heirs, successors or assigns, the right to construct or maintain an unloading platform in the alley abutting the South 7 feet of City Lot 28A, and the North 33 feet of City Lot 27, in the town (now city) Of Dubuque, Iowa: prescribing the lune 30th, 1938 127 conditions of such permit," this 5th day of July 1938. S. S. KRESGE COMPANY, By Jean Currie, Asst. Secy. ACCEPTANCE BY SUB -LESSEE The undersigned, L. B. Wertz, sub- lessee of the North part of the prem- ises described as, the South 7 feet of City Lot 28A, and the North 33 feet Of City Lot 27, in the town, (now City) of Dubuque, Iowa, does hereby accept the terms, provisions, and con- ditions of the ordinance adopted by the City Council of the City of Du- buque, designated as: "Ordinance No. 13-38. An ordinance granting to Viola Rider Burden, Cor- nelia Rider Possart, Frances Rider Lee, Vioia L'urden .lames, ant Ge"r .• R. Burden, owners, and S. S. Kresge Company, lessee, and L. B. Wertz, sub -lessee, their heirs, successors, or assigns, the right to construct or maintain an unloading platform in the alley abutting the South 7 feet of City Lot 28A, and the North 33 feet Of City Lot 27, in the town, (now city) of Dubuque, Iowa; prescribing the conditions of such permit," this 5th day of July 1938. LLOYD B. WERTZ, Published officially in The Tele- graph -Herald newspaper July 6th, 1938. 7-6-1T J. J. SHEA, City Clerk. Councilman Wharton moved the adoption of the ordinance. Second- ed by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson,. Van Duelman, Wharton. Nays—None. 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 April, 1938, presented and read. Councilman Murphy moved to re- ceive and file the proof of publica- tion. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Daelman, Wharton. Nays—None. Dubuque, Iowa, June 10th, 1938. To the Honorable Mayor and City Council of the City of Dubuque, Iowa. Gentlemen: The Local Doard of Review appointed by your Honor- able Body to equalize this taxes for the year 1938 beg to advise that it has completed its work af- ter having been in session from the first Monday in May, 1938. We have had a number of complaints and have made personal investiga- tion in each instance. Hereto at- tached you will find all assess- ments equalized by the Board. There being nothing further to do Special .Session, June 30th, 1938 128 the Board has taken final adjourn- given the erexpayers of said city; meat. Now therefore Respectfully submitted, Be it resolved,, by the City Coun- E. G. FORWARD,,' cil of the City of Dubuque, Du_ Chairman. buque County, Iowa, as follows: JOHN H. WEIMER, ROBERT E. CLANCY, Section 1. That ft is hereby Members,:i.J.SBoard of Review. found and determined that it is Attest: S advisable and necessary for said BoardEA, Clerk, Board of Review. le k city to issue its FundingDcr.as in Councilman Murphy moved that the amount of ntof$55,000, for the Pur. the report of the Board of Review pose of funding u Judgment dgm nt indebt- be received and placed on file and edness in alike . that warrants in the amount of Section 2. That the Clerk of $200.00 each be ordered drawn in said city be and he is hereby di - favor of E. G. Forward, John H. rected to publish notice of the Weimer and Robert E. Clancy for posed action of this Council to in. services rendered as members of stitute proceedings for the issu- the Board of Review and as em- ante of $55,000 Funding Bonds of bodied in Resolution No. 28-38. said city for the purpose of fund. Seconded by Councilman Thomp- ing an indebtedness of said city son. Carried by the following vote: evidenced by a judgment rendered Yeas—Mayor Clark, Councilmen against said city. Such notice Murphy, Thompson, Van Duelman, shall be published at least once Wharton. in a newspaper published and of Nays—None. general circulation within said city June 29, 1938. at least ten days before the meet. To the Honorable Mayor, and City ing at which such proposed action Council., will be taken, and shall be in sub - Dubuque, Iowa, stantially the following form: Gentlemen: I am submitting herewith reports of the City Audi PUBLIC NOTICE tor, City Treasurer, City Water De- Public Notice is hereby given of partment and City Health Depart- the proposed action of the City ment for the month of May, 1938, Council of the City of Dubuque in also annual report of the City Audi- Dubuque County, Iowa, to institute for for the fiscal year beginning proceedings for the issuance of April 1, 1937, and ending March $55,000 Funding Bonds of said city 31, 1938, together with list of claims and list of payrolls for for the purpose of funding a like whch warrants were drawn during the amount of the indebtedness of said city evidenced by a judgment. No - month of May, 1938. tice is further given that such pro - Respectfully submitted, posed action will be taken at the A. A. RHOMBERG, City Hall, Dubuque, Iowa, at 7:30 City Manager. o'clock P. M. on the 12th day of Councilman Thompson moved July, 1938, and that an appeal may that the reports be received and be taken to the Director of the Placed on file. Seconded by Coun- Budget by filing a petition with cilman Van Duelman. Carried by the City Clerk of said city at any the following vote: Yeas—Mayor Clark, Councilmen time before said date, signed by five or more taxpayers of said city, Murphy, Thompson, Van Duelman, Wharton. and setting forth their objections Nays—None. to such notice. By order of the City Council of Resolution No. 47-38. the City of Dubuque, Iowa. Whereas, under date of June 10, J. J. SHEA, 1938, a judgment was rendered against the City of Dubuque. Iowa, City Clerk. Section 3. That this City Council In the principal sum of $69,860.17 and interest thereon shall meet on the 12th day of July, from June 10, 1938, at the rate of five 1938, at 7:30 o'clock P. M. for the Purpose per cent Per annum; and Whereas, it is deemed of considering the objec- tions, if any, to the proposed action advisable and necessary to of this Council to issue the Fund - fund $55,000 of the indebtedness ing Bonds of said City in the evidenced by said Judgment by the issuance amount of $55,000, and to adopt of Fund- ing Bonds of said the necessary proceedings for the city, and Whereas, before proceedings instituted issuance of said bonds. are for the issuance of said Funding Bonds Section 4. All resolutions or Parts of it is necessar that notice of suchproposed resolutions in conflict herewith be and the same are here - action be by repealed. cial Session, June 30th, 1938 Passed and approved June 30th, CARL A. CLARK, Mayor. Attest: J. J. SHEA, City Clerk. (Seal) Councilman Wharton moved the adoption of the resolution. Second- ed by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wbarton. Nays—None. June 13, 1938. Honorable Mayor and City Council, Dubuque, Iowa. RE: Claim of Mrs. F. A. Richards Gentlemen: In accordance with your directions, I have completed investigation of claim filed Febru- ary 7, 1938, by Mrs. F. A. Richards, 511 West Locust Street, in the sum of Five Hundred ($500) Dollars, for damages for alleged injury in- curred in a fall on Locust Street, on December 4, 1937. This claim was filed after the sixty (60) day period, as provided by statute for the filing of claims had expired, and, in view of that fact, it is my duty to recommend that the claim be disallowed. Respectfully submitted,. AL J. NELSON, City Solicitor Councilman Murphy moved that the recommendation of City So- licitor Nelson be approved. Sec- onded by Councilman Van Duel- ' -an. Carried by the following vc te•: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. June 11, 1938. Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Prior to April 1, 1938, there was referred by your honorable body to the City Solic- itor for investigation and report, claim of Mrs. Arnold Beresford, 450 Valeria Street, Dubuque, Iowa,. for damages ori account of injury allegedly sustained in a fall on the sidewalk in the vicinity of 1672 Central Avenue on January 29, 1938. In accordance with your direc- tions, I have made an investigation Of the facts and circumstances made the basis of this claim, and from the facts and evidence ad- duced from said investigation, I find no legal liability on the part of the city, and, therefore, recom- 129 mend that the claim be disallowed. Respectfully submitted, AL. J. NELSON, CitCouncilman M rphySolmoved that the recommendation of City Solicitor Nelson be approved. Sec- onded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. June 11,, 1938. Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Prior to April 1, 1938, there was referred by your honorable body to the City Solic- itor for investigation and report, claim of Miss Dorcas Amesbury, 1690 Julien Avenue, Dubuque,. Iowa, for damages on account of injury allegedly sustained in a fall on the sidewalk in the vicinity of 1730 Julien Avenue on the 6th day of January, 1938, which claim was filed on the 22nd day of January, 1938. In accordance with your direc- tions, I have made an investigation of the facts and circumstances made the basis of this claim, and from the facts and evidence ad- duced from said investigation, I find no legal liability on the part of the city, and, therefore, recom- mend that the claim be disallowed. Respectfully submitted, AL. J. NELSON, City Solicitor. Councilman Van Duelman moved that the recommendation of City Solicitor Nelson be approved. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Ordinance No. 14-38. An ordinance vacating that por- tion of the alley lying first West- erly of Avoca Street and between Lots One Hundred Sixty-five (165) of Finley's Addition, and Lots Three Hundred Twenty-eight (328), Three Hundred Twenty-nine (329), Three Hundred Thirty (330), Three Hundred Thirty-one (331) and Three Hundred Thirty-two (332), of Woodl•awn Park Addition, and extending Southwesterly from Cher- ry Street to the intersection of said alley with the alley lying Westerly of Lot One Hundred Six- ty-five (165) of Finley's Addition, and granting and conveying the same, with reservation of easement for right of way for storm sewer, 130 Special Session, to the owners of the abutting lots, 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 Murphy. 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 requir- ing an ordinance to be read on three separate days. Seconded by Councilman Murphy. 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 con- sidered the second reading of the ordinance. Seconded by Council- man Murphy. Carried by the fol- lowing vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Ordinance No. 15-38. An ordinance granting to C. A. Voelker Estate, owners, and Chris- tian E. Staheli and Ernest W. Pfalzgraf, doing business under the firm name of The City Market, lessees, their heirs, successors and assigns, the right to construct or maintain an unloading platform in the alley abutting the South Two- fifths (S. 2-5) of Lot One (1) and Lot Two (2), of City Lot Four Hun- dred Forty -Pour (444), in the town, (now city) of Dubuque, Iowa; pre- scribing the conditions of such per- mit, presented and read. Councilman Van Duelman moved that the reading just had be con. sidered the first reading of the ordinance. Seconded by Council- man Murphy. Carried by the fol- lowing vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, 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 Murphy. Carried by the following vote: Yeas --Mayor Clark, Councilmen Murphy, Thompson, Van Duel Wharton. man, Nays—None. une 30th, 1938 The ordinance was then read a second time. Councilman Van Duelman moved that the reading just had be con- sidered the second reading of the ordinance. Seconded by Council- man Murphy. Carried by the fol- lowing vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Ordinance No. 16-38. An ordinance granting unto the Trausch Baking Company, a co- partnership consisting of John P. Trausch, Arthur Trausch, and Wil- liam M. Clemens, their successors, and assigns, the right to build, in. stall and maintain an underground unloading hopper and coal storage bin in Salina Street, in the rear of, and adjacent to Lot Four (4) of Dubuque Harbor Company's Ad- dition to the City of Dubuque, Iowa, with certain conditions, obligations and restrictions regarding the same, presented and read. Councilman Van Duelman moved that the reading just had be con- sidered the first reading of the or- dinance. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas—Mayor Clark, Councilmen Murphy, 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 Thompson. Car- ried 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 con- sidered the second reading of the ordinance. Seconded by Council- man Thompson. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Ordinance No. 17-38. An ordinance granting unto the Trausch Baking Company, a co- partnership consisting of John P. Trausch, Arthur Trausch, and Wil- liam M. Clemens, their successors and assigns, the right to build, in- stall and maintain an underground gasoline storage tank in Salina Street, in the rear of and adjacent to Lot One (1) of Lot One (1) of Special Session, June Lot One (1) of Lot Three (3) of Dubuque Harbor Company's Addi- tion to the City of Dubuque, with certain conditions, obligations and restrictions regarding the same, presented and read. Councilman Van Duelman moved that the reading just had be con- sidered the first reading of the ordinance. Seconded by Council- man Thompson. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, 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 Thompson. Carried by the following vote: Yeas—Mayor Clark, Counciimen 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 con- sidered the second reading of the ordinance. Seconded by Council- man Thompson. Carried by the following vote: Yeas—Mayor Clark. Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 48-38. Whereas, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: Now, therefore, Be it resolved by the Council of the City of Dubuque that the fol- lowing applications be and the same are hereby approved and it is ordered that the premises to be occupied by such applicants shall be forthwith inspected. CLASS "B" PERMITS Joseph A. Beecher, 24th and White Streets. Frank Reuter, 2616 Windsor Avenue. Roshek Brothers Company. 8th and Locust Streets. Mrs. Margaret O'Brien, 241 Main Street. John D. Flynn, 450 West Locust Street. Raymond J. Stoltz, 234 West 9th Street. George ' Kanavas, 1689 Elm Street. Carl J. Moes, 698 Central Av- enue. Frank W. Childers, 3203 Jack- son Street. 1938 131 William Horne, 400 Rhomberg Avenue. Arthur Norton, 336 Main Street. Leo Cunningham and John M. Thompson, 263 West 1st Street. Joseph J. Bertsch and M. C. Mai (Merchants Hotel), 304 Main Street. Millard Poquett, 923 Main Street. Mrs. Lloyd Bowman, 2108 Central Avenue. William. Schaffhauser, 576 Cen- tral Avenue. Frank Schmitt, 1298 Washington Street. Clarence C. Buelow, 1555 So. Grandview Avenue. Mrs. Lois H. King,, 2372 Central Avenue. John Stieber, 3165 Central Av. enue. Elmer Eppler, 1 Locust Street. R. D. Hughes (Central Hotel), 1006 Central Avenue. Chris Capretz, 2595 Rhomberg Avenue. Thomas A. Wragg, 332 Eighth Avenue. Mrs. Cecelia Weber, 998 Central Avenue. Albert J. Vogelsberg,, 29 Eighth Avenue. Andrew Schiltz, 1540 Central Avenue. Arthur J. Eisenegger, 1105.7 Iowa Street. Michael B. Schnee, 37 Eighth Avenue. Mrs. Agnes L. Sheehan, 116 West 6th Street. Nicholas .Steffen, 1369 Central Avenue. Anton Fortmann, 253 Main Street. Norbert W. Brodeur, 1080 Julien Avenue. Theodore E. Anthony, 1.179 Iowa Street. Steve Koleopulos (Coney Island Lunch), 493 Main Street. George J. Scherer, 1187 Iowa Street. Al. V. Poire, 1638 Central Av- enue. Timothy O'Regan, 1052 Julien Avenue. George Berwick, 265 Main Street. Thomas R. Peed, 236 West 7th Street. The Page Hotel (Karl Page),. 73- 75 East 4th Street. Henry P. Lemper, 2776 Jackson Street. Andrew D. Karigan (Coney Is- land Lunch), 720 Main Street. Fred H. Cooper, 399 East 20th Street. James Slack, 84 Main Street. John Stemm, 1298 Main Street. Frank Sand, 103 East 22nd Street. 132 Special Session, June 30th, 1938 Wm. F. Van der meuien, zoo Central Avenue. Mike Sand, 2498 Central, Avenue Mrs. Anna Kirkpatrick, 451 Eighth Avenue. Louis A. Wright, 1828 Central Avenue. William W. Cosley, 1121 Julien Avenue. Charles Pochter, 342 8th Avenue, Frank J. Weber, 189 Locust Street. Diamond's Grill, 900 Main Street. Hugh Kress, 1348 Central Ave- nue. Willlam E. Wodrich, 1101 Rhom- berg Avenue. Frank McLaughlin, 115 East 22nd Street. Michael J. Graff, 2364 Washing- ton Street. John J. Grommersch, 55 East 7th Street. William Savary, 827 D o d g e Street. Daniel McDonald, 216 West First Street. Joseph A. Hennig, 509 Eighth Avenue. Dominick Gala, 1563 C e n t r a l Avenue. John Roth, 2991 Central Avenue. Joseph J. Machinek, 1399 Jack- son Street. Frank H. Berntgen, 2186 Central Avenue. Walter Mengis, 1618 C e n t r a l Avenue. Edward J. Duccini (Transfer of address from 574 East 16th Street), 1698 Maple Street. Frank Klein, 600 Central Avenue. Charles T. Snyder, 543 Eighth Avenue, Hubert M. Fischbach and Emil C. Leiser, 1255 Central Avenue. Adolph Kochendorfer, 659 Cen- tral Avenue. Harvey L. Spielman, 185 Main Street. Paul McGonigle and J. B. McGon- igle, 378 Main Street. Albert M. Meyer and Herman Roesch, 130 Eighth Avenue. Percy L. Smith, 2216 Central Avenue. John Mayerle, 400 Klauer-Julien Hotel Central Co.,2 2nd Main Streets. Robert J. Street. Quinlan, 1091 White George Dell, 1965 Central Ave. CLASS "B" BEER PERMITS FOR PRIVATE CLUBS The Dubuque Club, 9th and Main Streets (downstairs). American Legion, Dubuque Post No. 6, 498 Main Street (upstairs). Eagles Club, 6th and Locust Sts. Elks Lodge No. 297, N.W. Cor. 7th and Locust Streets. Oriole's Lodge, 16th and Central Avenue. The Service Club, 9511/2 Main Street (upstairs). CLASS "C" PERMITS Julius S. Manders, 83 Locust St. Arthur W. Pins, 408 West Locust Street. Passed,, adjppted and approved this 30th day of June, 1938. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON, Councilmen. Attest: J. J. SHE'A, City Clerk. Councilman Wharton moved the adoption of the resolution. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays --None. Resolution No. 49-38 Whereas, heretofore applications were filed by the within named applicants for Beer Permits and they received the approval of this Council; and Whereas, the premises to be oc. cupied by them have been inspect- ed and found to comply with the ordinances of this City and they have filed a proper bond: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the Manager be and he is hereby directed to issue to the following named persons a Beer Permit. CLASS "B" PERMITS Joseph A. Beecher, 25th and White Streets. Frank Reuter, 2616 Windsor Avenue. Roshek Brothers Company, 8th and Locust Streets. Mrs, Margaret O'Brien, 241 Main Street. John D. Flynn, 450 West Locust Street. Raymond J. Stoltz, 234 West 9th Street. George Kanavas, 1689 Elm St. Carl J. Moes, 698 Central Avenue. Frank W. Childers, 3203 Jackson Street. William Horne, 400 Rhomberg Avenue. Arthur Norton, 336 Main Street. Leo Cunningham and John M. Thompson, 263 West 1st Street. Joseph J. Bertsch and M. C. Mai Special Session, June 30th, 1938 (Merchants Hotel), 304 Main St. Millard Poquett, 923 Main Street. Mrs, Lloyd Bowman, 2108 Central Avenue. William Schaffhauser,, 576 Cen- tral Avenue. Frank Schmitt, 1298 Washington Street. Clarence C. Buelow, 1555 So. Grandview Avenue. Mrs. Lois H. King, 2372 Central Avenue. John Stieber, 3165 Central Ave. Elmer Eppler, 1 Locust Street. R. D. Hughes (Central Hotel), 1006 Central Avenue. Chris Capretz, 2595 Rhomberg Avenue. Thomas A. Wragg, 332 Eighth Avenue. Mrs. Cecelia Weber, 998 Central Avenue. Albert J. Vogelsberg, 29 Eighth Avenue. Andrew Schiltz, 1540 Central Avenue. Arthur J. Eisenegger, 1105-7 Iowa Street. Michael B. Schnee, 37 Eighth Avenue. Mrs. Agnes L. Sheehan, 116 West 6th Street. Nicholas Steffen, 1369 Central Avenue. Anton Fortmann, 253 Main St. Norbert W. Brodeur. 1080 Julien Avenue. Theodore E. Anthony, 1179 Iowa Street. Steve Koleopulos (Coney Island Lunch), '493 Main Street. George J. Scherer, 1187 Iowa St. Al V. Poire, 1638 Central Ave. Timothy O'Regan, 1052 Julien Avenue. George Berwick, 265 Main St. Thomas R. Peed, 236 West 7th Street. The Page Hotel (Karl Page), 73-75 East 4th Street. Henry F. Lemper, 2776 Jackson Street. Andrew D. Karigan (Coney Is- land Lunch), 720 Main Street. Fred H. Cooper, 399 East 20th Street. James Slack, 84 Main Street. John Stemm, 1298 Main Street. Frank Sand, 103 East 22nd St. Wm. F. Van der Meulen, 2327 Central Avenue. Mike Sand, 2498 Central Avenue. Mrs. Anna Kirkpatrick, 457 Eighth Avenue. Louis A. Wright, 1828 Central Avenue. William W. Cosley, 1121 Julien Avenue. Charles Pochter, 342 8th Avenue. Frank J. Weber, 189 Locust St. Diamond's Grill, 900 Main Street. Hugh Kress, 1348 Central Ave. 133 William E. Wodrich, 1101 Rhom• berg Avenue. Frank McLaughlin, 115 East 22nd Street. Micbael J. Graff, 2364 .Wasb.`r g - ton Street. John J. Grommersch, 55 East 7th Street. William Savary, 827 Dodge St. Daniel McDonald, 216 West First Street. Joseph A, Hennig, 509 Eighth Avenue. Dominick Gala, 1563 Central Avenue. John Roth, 2991 Central Avenue. Joseph J. Machinek, 1399 Jack- son Street. Frank H. Berntgen, 2186 Cen- tral Avenue. Walter Mengis, 1618 Central Ave. Edward J. Duccini (Transfer of address from 574 East 16th St.), 1698 Maple Street. Frank Klein, 600 Central Avenue. Charles T. Snyder, 543 Eighth Avenue. Hubert M. Fischbach and Emil C. Leiser„ 1.255 Central Avenue. Adolph Kochendorfer, 659 Cen- tral Avenue. Harvey L. Spielman, 185 Main Street. Paul McGonigle and J. B. Me- Gonigle, 378 Main Street. Albert M. Meyer and Herman Roesch, 130 Eighth Avenue. Percy L. Smith, 2216 Central Avenue. John Mayerle, 400 Central Ave- nue. Klauer-Julien Hotel Co., 2nd and Main Streets. Robert J. Quinlan, 1091 White St. George Dell, 1965 Central Ave- nue. CLASS "B" BEER PERMITS FOR PRIVATE CLUBS The Dubuque Club, 9th and Main Streets (Downstairs). American Legion, Dubuque Post No. 6, 498 Main Street (Upstairs). Eagles Club, 6th and Locust Streets. Elks Lodge No. 297, N.W. corner 7th and Locust Streets. Oriole's Lodge, 16th and Central Avenue. The Service Club, 951% Main Street (Upstairs). CLASS "C" PERMITS Julius S. Manders, 83 Locust Street. Arthur W. Pins, 408 West Locust Street. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. 134 Special. Session, June 30th, 1938 passed, adopted and approved this 30th day of June, 1938. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Murphy move& the adoptioin of the resolution. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 50-38 Be It Resolved by the City Coun- cil of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a re- newal of their permit to sell cigar- ettes and cigarette papers within said City and the Manager is di- rected to issue such renewal on behalf of said City:— Name. Address. H. Manders & Son, 2003 Wash- ington Street. Mrs. M. L. Harwood, 1875 Delhi Street, Joseph J. Machinek, 1399 Jack- son Street. ;Peter Zillig, 2222 Central Avenue. Joseph J. Bertsch and M. C. Mai (Merchants Hotel), 304-10 Main Street, Payson Berg, 1804 C e n t r a l Avenue. Louise M. Haas, 2510 Central Avenue. Hartig Drug, Inc., 2376 Central Avenue, Hartig Drug, Inc., 97 Locust Street, The Service Club, 951 Main Street. The Triangle Cafe, 926 Main Street. Dell Warren, 1700 Central Avenue. William Horne, 400 Rhomberg Avenue. Potterveld Drug Co., 1689 Delhi Street. Arthur H. Elchman, 2119 Rhom- berg Avenue. Norbert W. Brodeur, 1080 Julien Avenue. A. J. Ender, 2311 WindsorAvenue. Page Hotel Co. (Karl Page) 4th and White Streets. John C. Beck, 1501 Central Avenue. Kermit Meyers, 714 Main Street. Jacob Hedrick, 1236 Iowa Street. Joseph W. Hanten, 2220 Delhi Street. Adam Zillig, 1347 C e n t r a I Avenue. George J. Scherer, 1179 Iowa Street. Henry C. Braun, 1415 Rhomberg Avenue. Elmer Eppler, 1 Locust Street. A. R. Uppinghouse, 632 Locust Street. Dominic Gala, 1523 C e n t r a l Avenue. George Ragatz, 1996 C e n t r a l Avenue. Mae Keller and Ruth Keller Motz, 4th and Central Avenue. G. C. Kruse Co., 2418 Central Avenue. Timothy O'Regan, 1052 Julien Avenue. The Elks Lodge, No. 297, N.W. corner 7th and Locust Streets. N. F. Steffen, 1369 C e n t r a l Avenue. Wm. Wodrich, 1101 Rhomberg Avenue. Ray Nicks and Fred Herber, 521 East 22nd Street. The Dubuque Club, S.W. corner 9th and Main Streets. Peter Petrakis, 1401 C e n t r a I Avenue. John Grommersch, 55 East 7th Street. G e o r g e J. Hennig, 509 8th Avenue. A. J. Eisenegger, 1105 - 7 Iowa Street. Walgreen Drug Co., 813 Main Street. The Interstate Co., I. C. R. R. Depot. Wm. C. Lefk, 501 Rhomberg Avenue. Western Grocer Co., 90-98 Main Street. John Schaetzle, 2162 Central Avenue. Charles F. Meyers, 5 8th Avenue. Robert McFarlane, 1798 Central Avenue. Anton Fortmann, 253 Main Street. Myers -Cox Co., 409 Iowa Street. Thompson & Hogan (F. W. Thompson), 55 Locust Street. Arthur J. Trapp, 1266 Central Avenue. J. F. Stam.pfer Co., 800 Main Street, Falkenhainer Drug Co., 1097 Jul- ien Avenue. Merlin Apel, 1205 Cleveland Avenue. Special Session, June 30th, 1938 135 George Miller, 25 -.35 West 4th I Mrs. F. X. Wille, 2678 Central t Ave— street. United Cigar -Whelan. Stores Cor. poration, 805 Main Street. Be It Further Resolved that the bonds filed with the applications be approved. Passed, adopted and approved this 30th day of June, 1938. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Wharton. Car- ried by the following vote: Yeas—Mayor Clark; Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Resolution Nm 51-38 Be it resolved by the City Coun- cil of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette pa- pers within said City and the Man- ager is directed to issue such per. mit on behalf of said City: Hartig Drug Company, 756 Main Street. Robert J. Quinlan, 1091 White Street. Kies Drug Store, 1352 Central Avenue. Clark Drug Co., 976 Main Street. Busy Bee Cafe (Charles Petra - kis), 1958 Central Avenue. Elmer R. Bradley, 2117 Delhi Street. Wm. J. Clesen, 1097 Jackson Street. Frank Reis, 553 8th Avenue. Coney Island Lunch (Andrew D. Karigan), 720 Main Street. Joseph C. Schneider, 2900 Cen- tral Avenue, Roshek Bros. Co., 700-•798 Locust Street Raymond Stoltz and George Zil- lig, 234 West 9th Street. Fred H. Cooper, 399 East 20th Street. Daniel McDonald, 216 West 1st Street. The Rex (Carl J. Pinger), 127 West 6th Street. e. Arthur Pins, 408 West Locust Street. Gust Billis, 59"r Main Street. Iilauer-Julien Hotel Company, 2nd and Main Streets. Schroeder -Kleine Grocer Co., 40. 42 Main Street. Dubuque Recreation (Millard Po- quette), 923 Main Street. A. G. Peryon, 257 8th Avenue. Eugene McCann, 802 Iowa Street. Mike Sand, 2498 Central Avenue. Diamond's Grill., 900-910 Main Street. John Stemm, 1298 Main Street. Mrs. Cecelia Weber, 998 Central Avenue. American Legion, Dubuque Post No. 6, 494 Main Street. H. P. Lemper, 2776 Jackson Street. Central Hotel (R. D. Hughes),. 1006 Central Avenue. Thos. A. Wragg, 332 8th Avenue. Loyal Order of Moose, Dubuque Lodge No. 355, 1379 Central Aven- ue Paul J. Meyer, 532 East 22nd Street. Coney Island Lunch,. 493 Main Street. Hugh Kress, 1348 Central Av- enue. C. C. Buelow, 1555 So. Grandview Avenue. M. J. Ludwig, 1545 So. Grandview Avenue. Charles Pechter, 342 8th Avenue. Baumhover Pharmacy (C. A. Baumhover), 1040 Julien Avenue. Norty's Tavern (George Nardin), 1105 Julien Avenue. B. A. Ruegnitz Lab. (B. A. Rueg- nitz), 629 Rhomberg Avenue. Jaeger-Kunnert Co., 850 Jackson Street. Wm. Wagner, 1501 Rhomberg Avenue. Witwer Grocer Co., 15 Main Street. George Trimpler, 1701 Asbury Street. Hillside Confectionery (Amy Haly), 815 West 5th Street. Erie Cafe (Mrs. N. B. Joseph), 120 West 1st Street. Kretz Cafeteria, 498 Main Street. George Stavros, 1564 Central Avenue. A, J. Ender, 1703 Maple Street. Paul McGonigle and J. B. Me- Gonigle•, 378 Main Street. Bert Zelens, 401 Main Street. Be it further resolved that the bonds filed with the applications be approved. 136 Special Session, June 30th, 1938 Passed, adopted and approved this 30th day of June, 1938. 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. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. There being no further business, Councilman Murphy moved to ad- journ. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. J. J. SHEA, City Clerk. Approved..I/�1938. Adopted .,1938. A-- Attest: �� City Clerk. Adjourned Regular Session, July 5th, 1938 13; City Council (Official) Regular session, July 4th., 1938. No members of the Council be- ing present on roll call the meet- ing was postponed subject to call. J. J. SHEA. n ..L– (City .Clerk. Approved Adopted 6 Kra 938 C............. .... .......... .. Attest: ...1...✓... •. ... C C City Clerk. City Council (Official) Adjourned Regular Session, July 5th., 1938, Council met at 8:15 p.m. Present—Mayor Clark, Council- men Murphy, Thompson, Van Duel - man, Wharton, City Manager Rhomberg. Mayor Clark stated that this meeting is an adjourned meeting ,of the regular meeting of July 4th., > 1938, for the purpose of acting upon such business as may proper - LAY come before a regular meeting of the City Council. Communication of R. F. Conlon Sons Construction Company sub- mitting an offer of $600.00, terms net cash, for the purchase of Lot 9 of Industrial Sub. No. 2 on East 4th. Street, presented and read. Councilman Murphy moved to refer the petition to the City Coun- cil to view the grounds. Seconded by Councilman Van Duelman. Car- ried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of Oxus Caldron requewt- ing permission to use 12th street between Locust and Bluff streets on July 26th., 1938, from 7 to 9 p.m., presented and read. Councilman Thompson moved that the request be granted. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, `Mompson, Van Duelman. Wharton. Nays—Nobe. Petition of Mri: Otto- Merz 'et al : requesting; the elinglnation of the nuisance created by the congre- gating of 15 to 20 felfows 'on the' corners of the street and lot be- tween 15th and 17th Streets ,on Maple Street, presented and ilea. Councilman Van Duelman move 1 to suspend the rules for :the p•)' - pose of allowing any one present in the Council Chamber, wlro wishes to do so; to address the Council. Seconded by Councilut,an Murphy. Carried by the follov✓irrg vote: Yeas—Mayor Clark, Councilen Murphy, Thompson, Van -Duel pn, Wharton. Nays—None. Mrs. Otto Merz addressed the Council requesting that the prayer of their petition be granted. Councilman Murphy move(, that M N e ' r. City Council (Official) Adjourned Regular Session, July 5th., 1938, Council met at 8:15 p.m. Present—Mayor Clark, Council- men Murphy, Thompson, Van Duel - man, Wharton, City Manager Rhomberg. Mayor Clark stated that this meeting is an adjourned meeting ,of the regular meeting of July 4th., > 1938, for the purpose of acting upon such business as may proper - LAY come before a regular meeting of the City Council. Communication of R. F. Conlon Sons Construction Company sub- mitting an offer of $600.00, terms net cash, for the purchase of Lot 9 of Industrial Sub. No. 2 on East 4th. Street, presented and read. Councilman Murphy moved to refer the petition to the City Coun- cil to view the grounds. Seconded by Councilman Van Duelman. Car- ried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of Oxus Caldron requewt- ing permission to use 12th street between Locust and Bluff streets on July 26th., 1938, from 7 to 9 p.m., presented and read. Councilman Thompson moved that the request be granted. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, `Mompson, Van Duelman. Wharton. Nays—Nobe. Petition of Mri: Otto- Merz 'et al : requesting; the elinglnation of the nuisance created by the congre- gating of 15 to 20 felfows 'on the' corners of the street and lot be- tween 15th and 17th Streets ,on Maple Street, presented and ilea. Councilman Van Duelman move 1 to suspend the rules for :the p•)' - pose of allowing any one present in the Council Chamber, wlro wishes to do so; to address the Council. Seconded by Councilut,an Murphy. Carried by the follov✓irrg vote: Yeas—Mayor Clark, Councilen Murphy, Thompson, Van -Duel pn, Wharton. Nays—None. Mrs. Otto Merz addressed the Council requesting that the prayer of their petition be granted. Councilman Murphy move(, that M N 138 Adjourned Regular Session, July 5th, 1938 the petition be referred to the City Manager to take up the matter with the Chief of Police with in- structions to be issued that the nuisance as complained of in the petition be eliminated. Seconded by Councilman Van Duelman. Car- ried by the following vote- Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Mrs. Roselip et al addressed the Council requesting that the upper portion of Roosevelt Street be re- paired and placed in a passable condition. Councilman Van Duelman moved that the request be referred to the City Council to view the grounds. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 52-38 Resolution and application for authority to levy an emergency tax for the City of Dubuque. Whereas, the City Council of the City of Dubuque has made a com- pilation of the expenses which will be incurred during the fiscal year beginning April 1, 1939, and ending March 31, 1940, including the pay- ment of principal and interest upon outstanding indebtedness, and tax levies for the various funds and purposes have been determined; and Whereas, a serious effort has been made to keep operating costs as low as is consistent with good government; and Whereas, in the past bonds have been issued in anticipation of some of the taxes embraced in the con- solidated tax levy and the revenues derived from such taxes are pledged to the payment of such bonds, as to principal and interest; and Whereas, payments of $46,000.00 in principal, and of $17,475.00 in I nterest are to be made during the fiscal year beginning April 1, 1939 and ending March 31, 1940, from the funds embraced in the consoli. dated tax levy; and Whereas, the inadequacy of the revenues for ordinary purposes re- maining after the payment of such principal and interest constitutes an emergency which requires the le"y of an emergency tax and this Council considers the levy of an emergency tax of one (1) mill to he absolutely necessary; Now, Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that the State Comptroller be and he is hereby requested to authorize and approve the levy of an emergency tax in the year 1938 to be approx- imately $34,235.00, the same to be used in supplementing the funds required for debt service and in the manner provided by law. The foregoing resolution was adopted at an adjourned regular meeting of the City Council of the City of Dubuque on the 5th day of July, 1938. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Murphy moved the adoption of the resolution. See. ended by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 53-38 Be It Resolved by the City Coun- cil of the City of Dubuque that the following, having complied with 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: Harry J. Jacquinot, 1850 Central Avenue. Henry C. Esser, 530 Main Street. Thos. P. Sullivan, 620 So. Grand- view Avenue. Dubuque Metal Trades Club, 4th and Locust Streets. Be It Further Resolved that the bonds filed with the applications be approved. Passed, adopted and approved this 5th day of July, 1938. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA. City Clerk. Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Thompson. Can. ried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-1None. Adjourned Regular Session, July 5th, 1938 139 Resolution No. 54-38 Whereas, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that th�� following applications be and the same are hereby approved and it is ordered that the premises to be occupied by such applicants sliall be forthwith inspected. CLASS "B" PERMITS Wm. Carl Wallig (new), 1N6 Central Avenue. Henry C. Esser (new), 530 Main Street . Frank J. Fitzpatrick (new), 1944 Central Avenue. CLASS "C" PERMITS Joseph Amodeo, 2601 Jackson St. Passed, adopted and approved this 5th day of July, 1938. 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. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 55-38 Whereas, heretofore applications were filed by the within named applicants for Beer Permits and they received the approval of this Council; and Whereas, the premises to be occupied by them have been in- spected and found to comply with the ordinances of this City and they have filed a proper bond; Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the Man- ager be and he is hereby directed to issue to the following named persons a Beer Permit. CLASS "B" PERMITS Wm. Carl Wallig (new), 1736 Central Avenue. Henry C. Esser (new), 530 Main Street. Frank J. Fitzpatrick (new), 1944 Central Avenue. CLASS "C" PERMITS Joseph Amodeo, 2601 Jackson Street. Passed, adopted and approved this 5th day of July, 1938. CARL A. CLARK, FRANK VAN DUELMAN, ALBERT WHARTON, GOO. R. MURPHY, F. W. THOMPSON, Attest: J. J. SHEAouncilmen. Councilman Murphy imovedrlthe adoption of the resolution. Second- ed by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. There being no further business Councilman Van Duelman moved to adjourn. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None, J. J. SHEA, Approved Adopted O Counei en: l Attest: 1 l �.�T...l�'/..V..V..., City Clerk. �.; Special Session, July 12th, 1938 City Council (Official) Special Session, July 12th., 1938. Council met at 8:20 p.m. Present—Mayor Clark, Council- men Murphy, Thompson, Van Duel - man, Wharton, City Manager Rhomberg. Meeting called by order of Coun- cilmen Van Duelman and Wharton. Mayor Clark read the call and stated that service thereof had been duly made and that this meet- ing is called for the purpose of con- sidering any objections which might be filed by taxpayers to the proposed action of the City Coun- cil to issue $55,000 Funding Bonds and if no objections are filed, then there will be introduced a reso- lution entitled: "Resolution to authorize the issue of $55,000 Fund- ing Bonds of the City of Dubuque," and acting on any other business as may properly come before a regular meeting of the City Coun- cil. Dubuque, Iowa, July 11th., 1938. NOTICE AND CALL OF SPECIAL MEETING OF THE CITY COUN- CIL OF THE CITY OF DUBUQUE To Mayor Carl A. Clark. You are hereby notified and there is hereby called a special meeting of the City Council of the City of Dubuque, Iowa, to be held in the Council Chamber in the City Hall at 7:30 p.m. on Tuesday, July 12th., 1938. At this meeting there will be conducted a public hearing pursu- ant to published notice for the pur- pose of considering any objections which might be filed by taxpayers to the proposed action of the City Council to issue $55,000.00 Fund- ing Bonds of said City. If no ob- jections are filed, then there will be introduced at said meeting a resolution entitled: "Resolution to authorize the issue of $55,000.00 Funding Bonds of the City of Du- buque". Such other business will be transacted at said meeting as may properly come before a reg- ular meeting of said Council. FRANK VAN DUELMAN, ALBERT WHARTON, Councilmen. Proof of publication, certified to by the publishers, of the public notice of the proposed action of the City Council to institute pro- ceedings for the issuance of $55,000 Funding Bonds of said city for the Purpose of funding a like amount of the indebtedness of said city evidenced by a judgment, pre- sented and read. Councilman Murphy moved that the proof of publication be re- ceived and filed. Seconded by Councilman Van Duelman. Car- ried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of Wm. F. Vander Meu- len et al objecting to the pro- posed issue of any more bonds un- less approved by a vote of the people, presented and read. Councilman Thompson moved to refer the petition to the City Coun- cil. Seconded by Councilman Van Duelman. Carried by the follow- ing vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Councilman Murphy moved that the rules be suspended for the pur- pose of allowing any one present in the Council Chamber, who signed the petition objecting to the pro. Posed issuance of any more bonds unless approved by a vote of the people, who wishes to do so, to address the Council. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. There were no objectors present in the Council Chamber to address the Council. Councilman Murphy moved that the Council recess for the purpose Of considering the petition filed objecting to the issue of any more bonds unless approved by a vote of the people. Seconded by Coun- cilman Wharton. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Council recessed at 8:32 p.m. and reconvened at 8:40 p.m., City Solicitor Nelson advising Council that according to Section 6252, Chapter 320 of the Code of Iowa, 1935, that the City has the author- ity to issue said bonds and that no election is required for this issu- ance of $55,000 Funding Bonds. Councilman Murphy moved that the petition of Wm. F. Vander Meulen et al, objecting to the pro- posed issue of any more bonds un- less approved by a vote of the peo- ple, be received and filed. Second- Special Session, Jul ed by Councilman Thompson. Car- ried by the following vote: . Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 56-38 Resolution to authorize the issue of $55,000 Funding Bonds of the City of Dubuque, presented and read. Councilman Murphy moved that the resolution be ordered placed on file with the City Clerk for public inspection for at least one week as required by law. Seconded by Councilman Van Duelman. Car- ried by the following vote: Yeas --Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Resolution of the Board of Trus- tees of the Police Pension and Re- tirement System certifying the sum of $10,00000 for tax purposes for the ensuing year, presented and read. Councilman Van Duelman moved to refer the resolution to the City Council for their consideration at the time the Tax Levy is being pre- pared by the City Council. Second- ed by Councilman Wharton. Car- ried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Resolution of the Board of Trus- tees of the Fire Pension and Re- tirement System certifying the sum of $17,000.00 for tax purposes for the ensuing year, presented and read. Councilman Van Duelman moved to refer the resolution to the City Council for their consideration at the time the Tax Levy is being prepared by the City Council. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Resolution of Dubuque Park Board certifying a tax levy of .625 mills in the sum of $20,869.00, not including the Park Board's share Of moneys and credits tax, for the ensuing year, presented and read. Councilman Van Duelman moved to refer the resolution to the City Council for their consideration at the time the Tax Levy is being Prepared by the City Council. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Clark, Councilmen 12th, 1938 141 Murphy, Thompson, Van Duelman, Wharton. Nays—None. Certificate of the Board of Trus- tees of the Public Library certify- ing the sum of $30,000.00 for tax Purposes for the ensuing year, pre- sented and read. Councilman Van Duelman moved to refer the certificate to the City Council for their consideration at the time the Tax Levy is being pre- pared by the City Council. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Communication of Playground and Recreation Commission ceT. tifying the sum of $13,050.00 for tax purposes for the ensuing year, presented and read. Councilman Van Duelman moved to refer the communication to the City Council for their considera- tion at the time the Tax Levy is being prepared by the City Coun- cil. Seconded by Councilman Whar- ton. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Communication of Board of Dock Commissioners certifying a tax levy of one-half (1/2) mill for tax purposes for the ensuing year, pre- sented and read. Councilman Van Duelman moved to refer the communication to the City Council for their considera- tion at the time the Tax Levy is being prepared by the City Coun- cil. Seconded by Councilman Whar- ton. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Communication of Milton J. Glenn tendering his resignation as Police Judge to become effective August 15th., 1938, presented and read. Councilman Van Duelman moveli that the resignation be accepted with regret. Seconded by Conrcil- rmn Murphy. Carried by the fol- lowing vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Communication of Louis F. Fautsch submitting application for the appointment as Police Judge, presented and read. Councilman Van Duelman moved to refer the communication to the Special Session, July 12th, 1938 142 City Council for further considera- Councilman Thompson moved to tion. Seconded by Councilman refer the petition to the City Man. Wharton. Carried by the follow- agerproperaction.Sec- ronded ing vote: byCouncilman Murphy. Car- Yeas—Mayor Clark, Councilmeu ried by the following vote: Murphy, Thompson, Van Duelman, Yeas—Mayor Clark; Councilmen Wharton. Murphy, Thompson, Van Duelman, Nays—None. Wharton. Communication of Walter W. Nays.—None. Paisley submitting application for Petition of International Broth - the appointment as Police Judge, erhood of Teamsters, Chauffeurs, presented and read. Stablemen and Helpers of America Councilman Van Duelman moved requesting permission to hang ad - to refer the communication to the vertising cards on the metal lamp City Council for further consider- P o s t s bordering the principal ation. Seconded by Councilman streets for the purpose of adver- Wharton. Carried by the follow- tising a Hillbilly Contest to be held ing vote: on August 7th., 1938, presented and Yeas—Mayor Clark, Councilmen read. Murphy, Thompson, Van Dnelman, Councilman Van Duelman moved Wharton, that the request be granted. Sec- Nays—None. onded by Councilman Murphy, Car - Communication of John K. Chal- ried by the following vote: mers submitting application for the Yeas—Mayor Clark, Councilmen appointment as Police Judge, pre- Murphy, Thompson, Van Duelman, sented and read. Wharton. Councilman Van Duelman moved Nays—None. to refer the communication to the Petition of International Broth. City Council for further considers- erhood of Electrical Workers re - tion. Seconded by Cmu,cilinan questing permission to use the Wharton. Carried by the f0owing grounds on 4th Street Extension vote: Yeas—Mayor Clark, Councilmen outside of Ball Park during the week of July 25th to 30th, 1938, for Murphy, Thompson, Van Duelman, the holding of a carnival and also Wharton. Nays—None. requesting the rental fee and Petition of Iowa Children's license fee be waived, presented and read. Home Society, Des Moines, Iowa, Councilman Van Duelman moved requesting permission to hold a tag day on Saturday, July 30th., that the request be granted and 1938, presented and read. that the rental fee and license fee Councilman Wharton moved that be waived. Seconded by Council - the request be granted. Seconded man Wharton. Carried by the fol - lowing vote: by Councilman Van Duelman. Car- ried by the following vote: Yeas—Mayor Clark, Councilmen Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Murphy, Thompson, Van Duelman, Wharton. Nays—None. Nays—None. Petition of Wilbert Lange et al Petition of St. Joseph Mercy hospital protesting to the vacation of Charles Street and also request - requesting a refund on penalty and interest charges ing that the alley between Broad - paid on the redemption of tax way Extension and Charles Street sale cer- tificate held by the City of Du- and between Charles Street and buque against Lot 2 Muscatine Street be kept open on of Lot 1 of City Lot 731, presented and read. the southerly end and that if pos- Councilman Murphy sible that a W.P.A. project be se - moved to refer the petition to the City Man- cured to putt like West Band ager and City Treasurer for in- vestigation and 28thStreet and Broadway Extension, presented and read. report. Seconded by Councilman Thompson. Councilman Thompson moved to Car- ried by the following vote: refer the petition to the City Man- Yeas—Mayor Clark, Councilmen ager for investigation Murphy, Thompson, Van Duelman, Seconded Councilman Murphy. Wharton. Carried by the following vote: Nays—None Yeas--Ma.yor Clark, Councilmen Petition of Wm, McClain Murphy, Thompson, Van Duelman, Charles J, and Smith requesting the replacing of the Wharton. Nays—None. lights in the first parkway Dodge Street, Petition of Anna T. Spensley, present- ed and read. a Agent, Mary Alice Weir, Anne T. Spensley, Trustees, Maria R. Spens- Special Session, July 12th, 1938 143 ley requesting the City Council to cancel all penalties and interest upon the remaining installments of special assessments for the years 1936 and subsequent years levied against Lot 6 in Block 11 of Du- buque Harbor Company's Addition, presented and read. Councilman Murphy moved to re- fer the petition to the City Mana- ger and the City Treasurer for in- vestigation and report. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of Mr. and Mrs. Ed. Kuehnle et al requesting the plac- ing of an electric light opposite house number 505 Angella Street, presented and read. Councilman Wharton moved that the petition be referred to the City Manager for investigation and re- port. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote: Yeas --Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petitions requesting the City Council to reconsider the former petitions of residents on Abbott and Lowell Streets in which they requested that Abbott Street be extended from Lowell Street to Seminary Street, also that Abbott Street be properly graded and also that Lowell Street be repaired for a distance of two blocks due to the placing of a water main in said street, presented and read. Councilman Wharton moved that the petitions be referred to the City Council to view the grounds. Seconded by Councilman Van Duel - man. Carried by the following vote' Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Approval The levy of not exceeding one (1) mill emergency tax for 1939 collection is approved this 6th. day Of July, 1938, providing said levy together will all other city levies does not exceed the total of 19.8 mills. Approval of this levy is also subject to any subsequent reduc- tion in city levies due to an appeal of taxpayers. C. B. MURTAGH, State Comptroller. Councilman Murphy moved that the approval of C. B. Murtagh, State Comptroller, be made a mat- ter of record. Seconded by Coun- cilman Thompson, Carried by the following vote: Yeas—Mayor Clark., Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Council Proceedings for the Month of May, 1938, presented for approval. Councilman Thompson moved that the Council Proceedings for the month of May, 1938, be ap- proved as printed. Seconded by Councilman Van Duelman. Car- ried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Tholupson, Van Duelman, Wharton. Nays—None. Ordinance No, 14-38 An ordinance vacating that por- tion of the alley lying first west- erly of Avoca Street and between Lot One Hundred Sixty-five (165) of Finley's Addition, and Lots Three Hundred Twenty - eight (328), Three Hundred Twenty-nine (329), Three Hundred Thirty (330), Three Hundred Thirty-one (331), Three Hundred Thirty-two (332), of Woodlawn Park Addition, and extending Southwesterly from Cherry Street to the intersection of said alley with the alley lying Westerly of Lot One Hundred Sixty-five (165) of Finley's Addi- tion, and granting and conveying the same, with reservation of ease- ment for right of way for storm sewer, to the owners of the abutt- ing lots, said ordinance having been passed upon first and second readings on June 30th., 1938, pre- sented and read a third time. ORDINANCE NO. 14-38 An ordinance vacating that portion of the alley lying first Westerly of Avoca Street and between Lot One Hundrey Sixty-five (165) of Finley's Addition, and Lots Three Hundred Twenty-eight (328), Three Hundred Twenty-nine (329), Three Hundred Thirty (330), Three Hundred Thirty- one (331) and Three Hundred Thirty- two (332), of Woodlawn Park Addi- tion, and extending Southwesterly from Cherry Street to the intersec- tion of said alley with the alley lying Westerly of Lot One Hundred Sixty- five (165) of Finley's Addition, and granting and conveying the same, with reservation of easement for right of way for storm sewer, to the own- ers of the abutting lots. WHEREAS, a request has been filed with the City Council of the City of Dubuque to vacate that portion of the alley lying first Westerly of Avoca Street, and between Lot One Hundred Sixty-five (165) of P inley's Addition, (3 ande Hundred Twenty-nine Twenty-eight , Three (329), Three Hundred Thirty (330). Three Hundred Thirty-one (33t), and Woee Hundred Thirty-two 332) of odlawn Park Addition. ( and extend- ing Southwesterly from Cherry Street 144 Special Session, July 12th, 1938 to the intersection of said alley with the alley lying Westerly of Lot One Hundred Sixty-five (165) of Finley's Addition, and granting and conveying the same, with reservation of ease- ment for right of way for storm sewer, to the owners of the abutting lots, which request has been sub- mitted to the Planning and Zoning Commission for its recommendation or approval; and, WHEREAS, said Planning and Zon- ing Commission has filed its recom- mendation with the Council wherein It recommends the granting of the request; and, WHEREAS, there has been installed and exists in said alley a storm sewer installed at a depth from four (4) to six (6) feet, the continued existence and maintenance of which Is neces- sary for the proper drainage of the surrounding district: and, WHEREAS, this Council finds no objection to said vacation of said por- tion of said alley with the reserva- tion of an easement for the right of way for said storm sewer, and right of access to the same for the main- tenance thereof, as said alley serves no other public purpose than as a right of way for said storm sewer, and that in all probability will never be needed or useful as a puhlic thor- oughfare for any other purpose: NOW. THEREFORE, be it ordained by the City Council of the City of Dubuque: PAR. 681. Section 1. That, that portion of the alley lying flrst West- erly of Avoca Street, between Lots One Hundred Sixty-flve (165) of Fin- ley's Addition, and Lots Three FTun- dred Twenty-eight (328), Three Hun- dred Twenty-nine (329), Three Hun- dred Thirty (330), Three Hundred Thirty-one (331) and Three Hundred Thirty-two (332), of Woodlawn Park Addition and extending Southwesterly from Cherry Street to the intersec- tion of said alley with the alley lying Westerly of Lot One Hundred Sixty- five (165) of Finley's Addition, be, find the same is, with reservation of easement for right of way for storm sewer, hereby vacated, and the pnb- lic use thereof other than for the maintenance therein of said storm sewer is hereby annulled. PAR. 682. Section 2. That, for value received that portion of said rated between Tot One (1) and situ - Hundred Sixty-five 165 of Lot One Addition, and Lot (Three f Hundrplylleed Twenty-eight (328), and the Northerly 15.5 feet of Lot Three Himdred Twen- ty-nine (329) of Woodlawn Park Ad- dition, he, and the same is hereby granted and conveyed to Amelia Curtis, the ownerof said Lot One (1) of Lot One Hundred Sixty-five (1f,5) T Finley,a Addition, and of T65) Three Hundred On. (328 ot and the Northerly Thre15.5 feet of Lot Three Hundred Twenty-nine (329) of Woodiawn Park Addition to the City Of Dubuque. Toa�a. This grant and conveyance is made with the express reservation to the City of Dubuque, Towa, of an e.nse- ment for the right of way m Sewof a storm Sewer now installed in said portion m said alley herein conveyed, and resof - ervation of the right of access to said storm sewer by said City of Dul)11- and its employe mes for the PAR. purpose of nitre thereof. PAR, 683 Section 3. That, for value received, that portion of said alley thus vacated lying and Situated between Lot One (1) of Lot Two (2) of Lot One Hundred Sixty-five (165), Finley's Addition, and the Southerly 34.5 feet of Lot Three Hundred Twen- ty-nine (329), and Lot Three Hundred Thirty (330), of Woodlawn Park Ad- dition, be, and the same is, hereby granted and conveyed to Peter Greiner, the owner of said Lot One (1) of Lot Two (2) of Lot One Hun- dred Sixty-five (165), Finley's Addi- tion, and the Southerly 34.5 feet of Lot Three Hundred Twenty-nine (329), and Lot Three Hundred Thirty (330), of Woodlawn Park Addition to the City of Dubuque, Iowa. This grant and conveyance Ys made with the express reservation to the City of Dubuque, Iowa, of an ease- ment for the right of way of a storm sewer now installed in said portion of said alley herein conveyed, and reservation of the right of access to said storm sewer by said City of Du- buque, and its employees for the Pur- pose of maintenance thereof. PAR. 684. Section 4. That, for value received, that portion of said alley thus vacated, lying and situ- ated between Lot Two (2) of Lot Two (2) of Lot One Hundred Sixty- flve (165) in Finley's Addition, and Lot Three Hundred Thirty-one (331) Of Woodlawn Park Addition, and be- tween the Westerly side of Lot Three Hundred Thirty-one (331) of Wood - lawn Park Addition, and the inter- section of said vacated alley, with the alley lying Westerly of said Lot One Hundred Sixty-five (165), Finley's Addition, be, and the same is hereby granted and conveyed to Mattie E. Abbey, the owner of said Lot Two (2) of Lot Two (2) of Lot One Hundred Sixty-five (165), Finley's Addition, and of Lot Three Hundred Thirty-one (331) of Woodlawn Park Adoition to the City of Dubuque, Iowa. This grant and conveyance is made with the express reservation to the City of Dubuque. Iowa, of an ease- ment for the right of way of a storm sewer now installed in said portion Of said alley herein conveyed, and reservation of the right of access to said storm sewer by said City of Du- buque, and Its employees for the pur- pose of maintenance thereof. PAR 685 Section 5. That. for value received. so much of Said al- ley, thus vacated, lying Westerly of Lot Three Hundred Thirty-two (332) of Woodlawn Park Addition and be- tween said Lot Three Hundred Thir- ty-two (332) and the intersection of said vacated alley, with the alley ly- ing Westerly of Lot One Hundred Sixty-five (165) of Finley's Addition. be. and the same is hereby- 7rnnted and conveyed to the Realty Investors Corporation, the owner of sold Lot Three Hundred Thirty-two (332) of Woodlawn Park Addition to the City Of Dubuque. This grant and conveyance is made With the express reservation to the City of Dubuque, Iowa, of an case- ment for the right of way of a storm Sewer now installed in said portion Of said alley herein conveyed, and reservatior. of the right of access to said storm sewer by said City of Du- buque, and its employees for the pur- pose of maintenance thereof. PAR. 686. Section 6. That after the adoption of this ordinance, the City Clerk Shall file in the office of the Recorder of Dubuque County, Iowa, a certified copy of the same. PAR. 687. Section 7. That this ordinance shall be in force and effect Special Session, July 12th, 1938 145 I from ten (10) and adoption, aifterthes final passage, y y Council of the City of Dubuque, and publication as provided by law. Passed upon first and second read- ings this 30th day of June, 1938. Passed, adopted and approved upon final reading this 12th day of July, 1938. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Published officially in The Tele- graph -Herald newspaper July 14th, 1938. J. J. SHEA. 7 -14 -it City Clerk. Councilman Thompson moved the adoption of the ordinance. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None, Ordinance No. 15-38 An ordinance granting to C. A. Voelker Estate, owners, and Chris- tian E. Staheli and Ernest W. Pfalzgraf, doing business under the firm name of The City Market, Lessees, their heirs, successors and assigns, the right to construct or maintain an unloading platform in the alley abutting the South Two-fifths (S2-5) of Lot One (1) and Lot Two (2), of City Lot Four Hundred Forty-four (444), in the town, (now city) of Dubuque, Iowa; prescribing the conditions of such permit, said ordinance hav- ing been passed upon first and sec- ond readings on June 30th., 1938, presented and read a third time. ORDINANCE 15-38 An ordinance granting to C. A. Voel- ker Estate, owners, and Christian E. Stahel! and Ernest W. Pfalzgraf, do- ing business under the firm name of The City Market, lessees. their heirs, successors and assigns, the right to construct or maintain an unloading Platform in the alley abutting the South Two-fifths (S 2-5) of Lot One (1) and Lot Two (2), of City Lot Four Hundred Forty-four (444), in the town (now city) of Dubuque, Iowa; prescribing the conditions of such permit. Be it ordained by the City Council of the City of Dubuque: PARAGRAPH 688, SECTION 1 That C. A. Voelker Estate, owners, and Christian E. Staheli and Ernest W. Pfalzgraf, doing business under the firm name of "The City Market," lessees, their heirs, successors or as- signs, be, and they are, hereby granted the right and authority to construct and maintain an unloading platform In the alley abutting the South Two- fifths (S 2-5ths) of Lots One (1) and Two (2) of City Lot Four Hundred Forty-four (444) in the town (now city) of Dubuque, Iowa, such un- loading platform to be not over three feet in width; 8 feet in length; and not over three feet in height, the same to be used in connection with the operation of the business of said lessees, Christian E. Staheli and Er- nest W. Pfalzgraf; said structure to be build under the supervision of the Building Commissioner of the City of Dubuque. PARAGRAPH 689, SECTION 2 It is understood and provided that such right, license and permission to use such alley is subject to the con- tinuous control of the City Council of the City of Dubuque, reserving the right to Impose restrictions or conditions upon the enjoyment there- of, as may be reasonably necessary for the protection of the public inter- ests, including the right to revoke and rescind such permission, if at any time the public interest should re- quire such revocation. If, and when such permit, right and license is revoked by said City Council, said owners, and lessee, their heirs, suc- cessors and assigns, shall remove such unloading platform at their own ex- pense, and restore such part of the alley as has been occupied thereby, to the same condition it was in prior to the construction of such platform. PARAGRAPH 690, 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 hereunder shall accrue to said C. A. Voelker Estate, owner; and Christian E. Staheli and Ernest W. Pfalzgraf, lessees, their heirs, suc- cessors and assigns, when the provi- sions hereof shall have been accepted by them. Passed upon first and second read- ings, this 30th day of June, 1938. Passed, adopted and approved upon final reading this 12th day of July, 1938. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, Attest: F. W. THOMPSON. J. J. Shea, City Clerk. ACCEPTANCE BY OWNERS C. A. Voelker Estate as owners of the South Two-fifths (S 2-5ths) of Lots One and Two of City Lot Four Hundred Forty-four (444) in the town (now city) of Dubuque, Iowa, does hereby, accept the terms, provisions and conditions of the ordi- nance adopted by the City Council of the City of Dubuque, designated as, "Ordinance No. 15-38. An ordi- nance granting to C. A. Voelker Es- tate, owners, and Christian E. Stahel! and Ernest W. Pfalzgraf, lessees, their heirs, successors, or assigns, the right to construct or maintain an unloading platform in the alley abutting the South Two-fifths of Lots One and Two of City Lot Four Hundred Forty- four in the town (now city) of Du- buque, Iowa; prescribing the condi- tions of such permit," this 14th day of July, 1938. C. A. VOELKER ESTATE. By—CHRIS A. VOELKE-R. ACCEPTANCE By LESSEE Christian E. Stalwh and Ernest W. Pfalzgraf, doing businf•ss under the firm name of "The City Market," lessees of the premises described as the South Two-fifths (S 2-5ths) of Lots One (1) and Two (2) of City Lot Four Hundred Forty-four (444) in the town (now city) of Dubuque, Iowa, does hereby accept the terms, 146 Special Session, provisions and conditions of the Couna nance adopted by of the City of Dubuque, designated ai "Ordinance No. 15-38. An Ord nance granting to C. A. Voelker Ei tate, owner, and Christian E. Stahe and Ernest W. Pfalzgraf, doing bus' nese - under the firm name of "Th City Market," lessees, their heir, successors or assigns, the right t construct or maintain an unloadin platform in the alley abutting th South two-fifths of Lots One an Two of City Lot Four Hundred Forty four (444) in the town (now city) c Dubuque, Iowa; prescribing the con ditions of such permit," this 14t day of July, 1938. THE CITY MARKET. By—C. E. STAHELI, E. W. PFALZGRAF, Lessees. Published officially in The Tele graph -Herald newspaper July 15th 1938. J. J. SHEA, 7-15-1t City Clerk. Councilman Thompson move( the adoption of the ordinance. Sec onded by Councilman Murphy, Car ried by the following vote: Yeas—Mayor Clark, Councilmer Murphy, Thompson, Van Duelman Wharton. Nays—None. Ordinance No, 16-38 An ordinance granting unto the Trausch Baking Company, a co - Partnership consisting of John P, Trausch, Arthur Trausch, and Wil- liam M. Clemens, their successors, and assigns, the right to build, in- stall and maintain an underground Unloading hopper and coal storage bin in Salina Street, in the rear of, and adjacent to Lot Four (4) of Block 11 of Dubuque Harbor Com- pany's Addition to the City of Du- buque, Iowa, with certain condi- tions, obligations and restrictions regarding the same, said ordinance having been passed upon first and second readings on June 30th, 1938, presented and read a third time. ORDINANCE NO, 16-38 An ordinance granting unto the Trausch Baking Company, a co -part- nership consisting of John P. Trausch, Arthur Trausch, and William M. Clemens, their successors, and as- signs, the right to build, install and maintain an underground unloading hopper and coal storage bin In Salina Street, In the rear of, and adjacent to Lot Four (4), Block 11, of Dubuque Harbor Company's Addition to the City of Dubuque, Iowa, with certain conditions, obligations and restrictions regarding the same. Be It ordained by the City Council by the City of Dubuque: PAR. 691, Section I. That the Trausch Baking Company, a Co- partnership, consisting of John P. Trausch Arthur Trausch, and Wil - Ilam M. Clemens, their heirs and as- signs, be, and they are, hereby thoriz an undergbuiroundstcoaland ma hopper and coal storage bin in Sa- llna Street, in the rear of, and adja- cent to Lot Four, (4), Block 11, of Dubuque Harbor Company's Addition to the City of Dubuque, said coal 12th, 1938 storage bin to be sixteen feet (16') in length, and extending out into Salina Street, and under the surface of the street for a distance of six (6) feet, and said coal unloading hopper to ex- tend out from said coal storage bin into Salina Street and under the sur- face of said street'a distance of eight (8) feet, and to be eight (8) feet in width. PAR. 692. Section 2. Said coal storage bin shall be constructed and built of reinforced concrete of suffic- ient strength and constructed and maintained in such a manner as to snake travel upon and over Salina Street perfectly safe and as to pre- serve the condition of said street as perfectly as though no such storage bin existed. PAR. 693, Section 3. Said coal un- loading hopper shall be constructed and built of reinforced concrete and steel plate and plank ::op, and shall be constructed and maintained in such manner as to make travel upon and over Salina Street perfectly safe and as to preserve the condition of said Salina Street as perfectly as though no such unloading hopper ex- isted. PAR. 694, Section 4. Said under- ground coal unloading hopper and coal storage bin shall be constructed under the supervision of the building com- missioner of the City of Dubuque, and shall be constructed and maintained In accordance with the provisions of the ordinances of the City of Du- buque relating thereto. Should the City of Dubuque at any time deem said underground coal unloading hop- per, or coal storage bin unsafe, or for any other reason deem its removal necessary or advisable, said City may order the immediate removal of the same, and the restoration of the street in question to its proper condi- tion, within a reasonable time after said order is given, and, upon the refusal of said co -partnership, or the members thereof to remove the same, the City of Dubuque may do so, at the expense of said company. PAR. 695, Section 5. Said Trausch Baking Company, and the individual members of said co -partnership, shall agree, as a condition to the granting of this privilege, 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 con- struction and maintenance of said undIndecoal storage bin, rround coal and zany and all claims, damages or liabilities that fnay arise or be incurred by reason if the grant of the privileges herein made, and in any suit which may Irise because of said underground I oal unloading hopper, or coal storage bin, said co -partnership, and the In- lividual members thereof shall, at the lirection of said City of Dubuque, nake all necessary defense to said suit, and fully indemnify said City or any expenses or liabilities to vhich said City of Dubuque may be subjected, because of said suit. PAR. 696, Section 6. That this or- linance shall be in force and effect en (10) days from and after its final tassage and adoption by the City ;ouncil, and publication as provided iY law. Passed upon first and second read- ngs this 30th day of June, 1938. Passed, adopted and approved upon Special Session, July, 12th, 1938 147 final reading this 12th day of July, One(1) 1 of Lot One (1) 1938. CARL A. CLARK, Mayor. y of Lot Three (3)' Block 11, of Dubuque Harbor Company's Addition FRANK VAN DTON, , to the City of Du- buque, with ALBERT URPHY,N, GED. R. MURPHY, certain conditions, obli- gations nad restrictions F. W. THOMPSON, same. regarding the Councilmen. Attest: J. J. SHEA, City Clerk. Be it ordained by the City Council of the City of Dubuque: Published officially in the Tele- PAR. 697. Section 1. That the Trausch graph-Herald newspaper July 19th, Baking Company, a co- Partnership 1938. J. SHEA, rslTrauschf and John Trausch, W Wil- 7-19-It 7-19-1t City Clerk. Liam M. and M. Clemens, thea successothey rs Acceptance of Ordinance The Trausch Baking Company, a hereby authorized to build, install co-partnership consisting of the un- and maintain an tinder ground gaso- line storage tank in dersigned, John P. Trausch, Arthur Trausch and William M. Clemens, Salina Street in the rear of and adjacent to Lot One does hereby accept the terms, pro- (1) of Lot One (1) o; Lot (1) of Lot Three (3), Block visions and obligations of the ordin- 11, of Dubuque Har- ance adopted by the City Council of bor Company's Addition to the City the City of Dubuque, designated as of Dubuque, with pipe connections to "Ordinance No. 16-38", an ordinance the building of said Trausch Baking granting unto the Trausch Baking Company located upon said lot, said Company, a co-partnership consist- underground storage tank to be af Ing of John P. Trausch, Arthur proximately ten (10) feet in diameter, Trausch, and William M. Clemens, and twenty (20) feet long with con- their successors, and assignsthe nections to the building on said lot; right to build, install and maintain the top of said tank to be at least an underground unloading hopper and three (3) feet below the grade or sur- coal storage bin in Salina Street, face level of said street: said tank In the rear of, and adjacent to Lot to be anchored to a concrete base of Four (4), Block 11, of Dubuque Har- sufficient weight to properly hold and cor Company's Addition to the City of maintain the same in place, and said Dubuque, Iowa, with certain condi- tions, obligations and restrictions re- connections from said tank to said building to be encased in concrete. garding the same." This 18th day of July, 1938. PAR. 698. Section 2. That the in- stallation of said tank and TRAUSCH BAKING COMPANY, connec- tions for same will be built or in- By JOHN P. TRAUSCH, ARTHUR TRAUSCH, stalled under the supervision of the W. M. CLEMENS, Building Commissioner of the City of Dubuque, and in accordance with the Members of PartnershlD. underwriter's specifications for same, Councilman Thompson moved and all ordinances of the City of Du- the adoption of the ordinance. Sec- buque relating thereto, and said stor- age tank shall be built and installed in such a manner as to make travel man. Carried by the following upon and over Salina Street perfect- vote: ly safe, and in such manner as to Yeas—Mayor Clark, Councilmen preserve the condition of said street Murphy, Thompson, Van Duelman, as perfectly as though no such stor- age tank were installed. Wharton. PAR. 699. Section 3. That should Nays—None, the City of Dubuque at nny time deem Ordinance No. 17-38 said underground storage tank un- An ordinance granting unto the safe, or for any other reason deem its removal necessary or advisable, Trausch Baking Company, a co- said City may order the immediate Partnership consisting of John P, removal of the same, and the restora- Trausch, Arthur Trausch, and Wil- tion of the street in connection to its proper condition, within a reason- liam M. Clemens, their successors able time after said order is given, and assigns, the right to build, in- and, upon the refusal of said co- stall and maintain an underground partnership or members thereof to re- move the same, the City of Dubuque gasoline storage tank in Salina g may do so, at the expense of said Street, in the rear of and adjacent company. to Lot One (1) of Lot One (1) of PAR 700. Section 4. That stud Lot One (1) of Lot Three (3) Block Trausch Baking Company, and the individual members of said co-part- 11 of Dubuque Harbor Company's nership, shall agree, as a condition Addition to the City of Dubuque, to the grant of this privilege, and with certain conditions, obligations shall guarantee by the acceptance of to fully and restrictions regarding the the terms hereof, protect and save the City of Dubuque harm- same, said ordinance having been less ns to any claims, damages or passed upon first and second read- liabilities of any kind which may arise because of the construction and ings on June 30th., 1938,resented p maintenance of said underground stor- and read a third time. age tank, and nny and all claims. (Official Publication) damages or linbilities that may arise by reason of the grant ORDINANCE NO. 17-38 An ordinance granting unto the or be incurred of the privileges herein made, and in Trausch BakingCom an tank, said riership consistig of John P. Trausch, Arthur Trausch, and William M. said underground storage co-pnrtnership, and the individual Clemens, their successors and assigns. the right to memhers thereof, sball, at the direc- tonof said City of Dubuque, make build, install and main- taro an underground gasoline storage tank.in all necessary defense to said suit, said City for any Salina Street, in the rear of and adjacent to Lot One (1) of Lot and fully indemnify expense or liability to which said 148 Special Session, July 12th, 1938 City of Dubuque may be subjected. because of said suit. PAR. 701. Section 5. That this ordinance shall s (10) days from and after Its final ffect tenfinal passaty Council, and publicatione and adoption bathe i s provided by law. Passed upon first and second read - Ings this 30th day of June, 1938. Passed, adopted and approved upon final reading this 12th day of July. 1938. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON, Councilmen. Attest; J. J. SHEA, City Clerk. Published officially in The Tele- graph -Herald newspaper July 19th, 1938. J. J. SHEA, 7-19-]t City Clerk. ACCEPTANCE OF ORDINANCE The Trausch Baking Company, a co -partnership consisting of the un- dersigned, .John P. Trausch, Arthur Trausch, and William M. Clemens. does hereby accept the terms, pro- visions and obligations of the ordi- nance adopted lT the City Council of the City of Dubuque, designated as: "Ordinance No. 17-38. An ordinance granting unto the Trausch Baking Company, a co -partnership consist- ing of John P. Trausch, Arthur Trausch, and William M. Clemens, their successors, and assigns, the right to build, install and maintain an underground gasoline storage tank In Salina Street, in the rear of and adjacent to Lot One of Lot One of Lot One of Lot Three, Block 11of Duhuque Harbor Company's Addition to the City of Dubuque, with certain conditions, 01111gations and restric- tions regarding the same." This 18th day of July, 193R. TRAUSCH BAKING, COMPANY. By .JOHN P. TRAUSCH, ARTHUR TRAUSCH, W. M. CLEMENS, Members of Partnership. Councilman Thompson moved the adoption of the ordinance. Sec- onded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayol• Clark, Councilmen Murphy, Thompson, Wharton. Van Duelman, NaYs—None, July To the Honorable Mayor2th., 1938. and City Council, Dubuque, Iowa. Gentlemen: At the meeting of the City Coun. cil held on March 7, 1938, the peti- tion of the Perfection Oil Company for permission to construct a side track over and across part of Kim- ball Street and part of the alley first east of Rhomberg Avenue lying between Lincoln Avenue and IOunedl Street Counwas referred to the cil to view the grounds. The Council did so view the grounds on two occasions, the last being on July 8th after the proposed co11- struction was staked out. The ole. cision of the Council was that the request of the Perfection Oil COm- pany be granted on the conditions that the Company donate a like amount of land on the easterly side of the present road, put the re- located roadway in substantially the same condition as the present one and pay for the cost of the necessary relocation of the exist- ing fire hydrant to a suitable point. I recommend that the decision of the Council be confirmed. Itespectfully submitted, A. A. R.HOMBERG, City Manager. Councilman Wharton moved that the decision of the City Council and the recommendation of City Munager Rhomberg be ' confirmed. Seconded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Clark, Councjlmen Murphy, Thompson, Van Duelman, :Wharton. Nays—None. July 11, 1938. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to notify your Honorable Body that I have this day sus- pended Clarence Swift for fifteen days as a machine operator in the Street Department of the City of Dubuque for misconduct. The spe- cific charge is that this employee was partially intoxicated on July 9th at about 1:30 p.m. while driv- ing the bituminous distributor. Respectfully submitted, A. A. 12I10MBERG, City Manager. Councilman Murphy moved that the communication of City Mana- ger Rhomberg be made a platter of record. Seconded by Councilman Wharton. Carried by the follow- ing vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 57-38 Whereas, the City Manager has suspended Clarence Swift, a civil service employee under his juris- diction, Por a period of fifteen (15) days on account of misconduct; and Whereas, such suspension has been reported by the Manager to this Council, as provided by law; and Whereas, this Council has con- sidered the facts and merits of the cause upon which such suspension was based and finds that the ac- Special Session, tion of the Manager in ordering such suspension was justified; Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the sus- pension of Clarence Swift by the City Manager for a period of fif- teen (15) days be and the same is hereby approved and affirmed. Be It Further Resolved that the Clerk cause to be served upon said Clarence Swift a copy of this reso- lution forthwith. Passed, adopted and approved this 12th day of July, 1938. 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. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 58-38 Whereas, the City Council of the City of Dubuque desires to determine fair and equitable rates of charges for electric energy; and Whereas, the State of Iowa has no public service commission nor any other regulatory body having jurisdiction and control over pub- lic utilities; and Whereas, the Congress of the United States has granted the Fed- eral Power Commission wide Pow- ers in the investigation of and the determination of the proper rates to be charged for electric energy; Now, Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that the City Manager be and he is hereby directed to petition the Federal Power Commission to in. vestigate the electric power situa- tion and to recommend for its adoption such rates as their survey and study disclose to be fair and equitable. Passed, adopted and approved this 12th day of July, 1938. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON, Attest: J. J. SHEA, City Clerk. Councilman Murphy moved the 12th, 1938 149 adoption of the resolution. Second. ed by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 59--38 Be It Resoled 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 renewal of his permit to sell cigar- ettes and cigarette papers within said City and the Manager is directed to issue such renewal on behalf of said City: Patrick R. Kennedy, 2408 Central Avenue. Be It Further Resolved that the bond filed with the application be approved. Passed, adopted and approved this 12th day of July, 1938. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON,, GEO. R. MURPHY, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk Councilman Murphy moved the adoption of the resolution. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 60-38 Whereas, application for "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 applicant shall be forthwith inspected. CLASS "B" PERMIT Hubert Melssen (transfer of ad- dress from 1401 Elm St.), 1389 Elm Street. Passed, adopted and approved this 12th day of July, 1938. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F. W. THOAIPSON, Councilmen. Attest: J. J. SHEA, City Clerk. 150 Special Session, July 12th, 1938 Councilman Van Duelman movea the adoption of the resolution. Sec• onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 62-38 Whereas, applications for Class "B" Beer Permits have been sub- mitted to this Council for approval and the same have been examined: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the following applications be and the same are hereby approved and it is ordered that the premises to be occupied by such applicants shall be forthwith inspected. CLASS "B" PERMIT Phillip Mihalakis (new), 469 Main Street. Ernest V. Peschong (new), 709 Julien Avenue. Carl McDermott (new), 303 Main Street. Roy McLean (new), 1200 Iowa Street. Passed, adopted and approved this ............ day of July, 1938. Mayor. Councilmen Attest: --. City Clerk. Councilman Van Duelman moved to refer the resolution to the City Council for further consideration. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Honorable Mayor aJuly 11, 1938. City Council, nd Dubuque, Iowa. RE-CLAIM OF MRS. MARY MAGUIRE Gentlemen: On March 10, 1938, Mrs. Mary Maguire filed claim against the City of Dubuque, in the sum of Thirteen and 50.100 ($13.50) Dol- lars, for injury sustained by 1,%. in a fall upon the sidewalk at the corner of 12th and Iowa Streets on January 15, 1938, which claim was thereafter referred by your body to the City Solicitor for investiga. tion and report. I beg to advise that investigation has been made of this claim which discloses that Mrs. Mary Maguire fell upon a strip or patch of ice, caused by water dripping. from he top platform or porch of an outside stairway on the building adjacent to this sidewalk, and that from all of the evidences adduced as the result of said investigation, I am of the opinion that there is no legal liability on the part of the City of Dubuque on this matter, and am therefore recommending that the claim be disallowed. Respectfully submitted, AL. J. NELSON, City Solicitor. Councilman Murphy moved thz,t the recommendation of City Solici• for Nelson be approved. Secondea by Councilman Thompson. Car- ried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. July 12, 1938 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The notice of levy and sale in the case of Mary Weber Frehlich vs Philip Erschens, Susana Erschens, City of Dubuque, Iowa and County of Dubuque, Iowa, referred to the City Solicitor under date of July 9, 1938, is herewith returned to Your honorable body with the re- commendation that the same be re- ceived and filed. Respectfully submitted, AL. J. NELSON, City Solicitor. Councilman Thompson moved that the recommendation of C ty Solicitor Nelson be approved. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. July 12, 1938 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I have heretofore discussed in- formally with the members of the Council, the matter of revision of the city ordinances and the com- pilation or codification of all exist- ing ordinances now in force. I find that the ordinances of our city have not been codified or com- piled since the 22nd day of July, Special Session, July 12th, 1938 151_ 1919, prior to the adoption of the City Manager Form of government. The change in the form of our city government made by the adoption of the City Manager form neces- sarily abrogated many of the pro- visions of the existing ordinancEs r e g u l a t i n g the administrative affairs of the city, and necessitated the repeal of many ordinances and changes by amendment of many others. Since the change in our form of city government, which was made in the year 1920, the pro- ceedings of the Council have been published in book form, one vol- ume for each year including the year 1920, in all eighteen different volumes each averaging about five hundred pages of double column type. Due to the fact that no codifica- tion or compilation has been made of the ordinances since 1919, it is now necessary, in order to ascer- tain the exact present situation relative to any matter or situation covered by ordinances to first as- certain whether any ordinance cov- ering the situation is contained in the revised ordinances of 1919, and then whether any change has been made in any such ordinance, or any other ordinance adopted since then, by thumbing through the entire eighteen volumes of the council proceedings printed since that time. This is a very burden- some task and does not make for efficiency, particularly when one is asked for a prompt or hurried opinion on the matter of whether a particular situation is covered by ordinance. I have made some preliminary in- vestigation of the matter and find that it may be possible- to have a revision and compilation of all of the ordinances of our city made, and have the work done as a WPA project, under the sponsorship of the city, and under proper legal supervision, in which project the Federal Government would pay for all of the clerical help, and the only expense to which the city would be put would be the furnish- ing of quarters for the doing of the work, and materials used in doing the work. I firmly believe that this is a matter of urgent need and for the best interest of the city, and I would respectfully request that you authorize me to confer and nego- tiate with proper officers of the Works Progress Administration of the Federal Government to the end that our city ordinances may be revised and codified as a WPA pro- ject under proper supervision and under the sponsorship by the City of Dubuque. Yours very truly, AL. J. NELSON, City Solicitor. Councilman Thompson moved that the request of City Solicitor Nelson be granted and that the City Solicitor be authorized to ne- gotiate with the proper officials for the securing of a WPA project. Seconded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. There being no further business Councilman Murphy moved to ad- journ. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelmau, Wharton. Nays—None. J. J. SHEA, ity Cie } - Approved b..1935. Adopted . .. ..1938. c: C ouneil"men : 4 ..... . ..............._.1........�....•-�.� -- - v - .moi ...� ... :................................ . Attest: . �,.,... ;. .. ...... City Clerk. 152 Special Session, July 12th, 1938 Board of Health (Official) Special Session, July 12th., 1938. Board met at 9:35 P.M. Present — Chairman Carl A. Clark, Messrs. Geo. R. Murphy, F. W. Thompson, Frank Van Duel - man, Albert Wharton. SPECIAL ORDER AND NOTICE FROM BOARD OF HEALTH To E. Gable: You are hereby notified that on the 12th day of July, 1938, the Local Board of Health for the City of Dubuque adopted a resolution ordering you to abandon and re- move 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 connrat 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 here- in set out and is as follows: Resolution No. 61-38 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 Number part of lot No. 166, E. Dub. Addition,owned by E. Gable, 1885 Elm 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 sanitary toilet and toilet facilities be in- stalled and connections made with the sanitary sewer. Be it further resolved that said E. Gable be notified to remove ar.d abandon the outside water closet, Privy or privy vault located upon the premises above described and to clean said vault; that said pro- perty be connected with the rani. tary 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 E. Gable be notified of the action Of this Board by the service written notice tof a ogether with a copy It this resolution. Failure to com. Ply with the terms hereof within the time stated shall be followed by prosecution or such other action as the Council or Board of I3eulth may determine. Dated this 12th day ;;f July, 1938. CARL A. CLARK, 4Ia3'or, Attest: J. J. SHEA, Clerk. You are further notified that pro- secution will follow a failure to comply with this order and noti(.,e, or such further action v ill be taken as to the Council or Board of Health may seem proper. Signed W. J. CONNELL, Pd,D, Health Officer. Mr. Geo. R. Murphy Moved the adoption of the resolution. Sec- onded by Mr. F. W. Thoniilson. Carried by the following vote: Yeas—Chairman Carl A. Clark, Messrs.. Geo. R. Murphy, F. W, Thompson, Frank Van Duelman, Albert Wharton. Nays—None. Mr. F. W. Thompson moved that the Playground and Recreation Commission be ordered to install toilet facilities and a bubbler foun- tain at the playgrounds located in Industrial Subdivision and known as Rafferty Slough. Seconded by Mr. Frank Van Duelman. Carried by the following vote: Yeas—Chairman Carl A. Clark, Messrs. Geo. R. Murphy, F. W. Thompson, Frank Van Diielruan, Albert Wharton. Nays—None. There being no further business Mr. Frank Van Duelman moved to adjourn. Seconded by Mr. F. W. Thompson. Carried by the follow- ing vote: Yeas—Chairman Carl A. Clark, Messrs. Geo. R. Murphy, F. W. Thompson, Frank Van Duelman, Albert Wharton. Nays—None. J. J. SH.EA, Clerk, Boarq of He/ald). Approved 7°... .. b...1A_38. Adopted..1938. _L l .. ...... 9�. lJ Gt�s✓ Membe ........................................ �.. Health , _ 1 -._ n !, Attest: ... ...... Cle , . and of Health. Special Session, July 20th, 1938 City Council (Official) Special session, July 20th., 1938. Council met at 7:20 p.m. Present -Mayor Clark, Council- 2nen Murphy, Thompson, Van Duel - man, Wharton, City Ma,laoer Rhomberg. Meeting called by order of. Coun- cilmen Murphy and Thomp.,:on. Mayor Clark read the Ball and stated that service thereof had 153 been duly made and that this meet- ing is called far the purpose cf approving the budget estimate of expenditures for the fiscal year Be- ginning April 11 1939, and ending March 31st., 1940, as a basis for the tax levy for the year 1938, the same to be collected in the year 1939, and directing elle City Clerk to publish notice of the late of public hearing upon the saute and acting on any other business as may properly come before a regu- lar meeting of the City Coun(il. BUDGET ESTIMATE AND RECORD OF FILING CITY ESTIMATE NOTICE -The City Council of City of Dubuque of Dubuque County, Iowa, will meet August 11th, 1938, at 7:30 P. M., at the Coun- cil Chamber in the City Hall. Taxpayers will be heard for or against the following estimate of expenditures at that time. J. J. SHEA, City Clerk. ........ r..a.,,....a rte..,.,..,, r........... r _,v V) p ............. A ZU1,3V0 * Zb"1,486 Improvement 11,900) 258 .............).........•••.) • 3,840 2,457 Grading .......... 9,500) 214 .............) 239,752 7,845 4,102 Sewer ............ 2,000) 83 ,......) 1,830 1,686 Light 49,57'2) 2,121 .............) 49,761 59,458 Consolidated --- Tax _ Tax ............$283,752 44,000 239,752 $ 324,582 $ 325,189 Fire Equipment 12,838 3,171 12,838 11,074 7,502 Fire Maintenance 116,401 -5,885 ........... 116,401 107,656 102,685 Firemen's Pension ........21,900 8,217 3,585 1,300 17,015 16,836 16,287 Street Cleaning & garbage disposal ...... 35,118 1,085 18,000 17,118 35,974 40,032 Library ......... 28,113 997 299 1,000 26,814 27,119 24,740 Waterworks ..170,450 17,844 20,000 150,450 ...............__ 181,264 199,4:33 Park .................. 23,623 1,604 1,650 575 21,395 22,968 18,360 Policemen's Pension .......... 15,720 1,659 4,689 1,000 10,031 11,309 11,294 Bond ................ 55,976) 29,729 55,976 93,000 286,000 Bond Interest.......... 27,011) 27,011 47,414 57,604 Emergency...... 34,236 1,181 34,236 31,524 15,117 Dock Bond & Interest......,... 36,974 5,627 36,974 31,104 30,040 Main Sewer.... 17,118 216 ........... 17,118 13,396 11,287 Dock Operating...... 22,618 4,786 5,500 17,118 38,140 2,513 Airport ............ ...... 738 193 Playground gL 401 ............. ...._......_.. Swim. Pool.... 15,242 1,541 2,575 12,667 12,980 10,515 Snow Removal 5,649....5,649 .... ,...... Library2,957 Bldg 3,b52 --- --- Totals ........$922,739 $64,738 $30,223 $224,400 $668,116 $1,010,035 $1,158,791 Estimated taxes per $1,000.00 of assessed value, $19.511. Adjusted Taxable Valuation (1937) .................................... ..................$33,438,291 Moneys and Credits (1937) at 6.00 mills .................... ....................... 8184,677 375 Moneys and Credits (1937) at 2.00 mills ......................................... 1 2 3 4 5 6 7 m d aa+N yd� M ° .-i d o y N Gb t+ r y .0 .+ Fa d rCd 0 En ACda M nS �a y 7 � +�Cd A to 0 r.z U M �mLd� Cd �Q�x Cd y �'W � R7N r oa�°' �Ga Wra00 °ter °o�E a� a� � O�•CM1W� 0.1xti G;�OF �ZFq WiO� Ww° ........ r..a.,,....a rte..,.,..,, r........... r _,v V) p ............. A ZU1,3V0 * Zb"1,486 Improvement 11,900) 258 .............).........•••.) • 3,840 2,457 Grading .......... 9,500) 214 .............) 239,752 7,845 4,102 Sewer ............ 2,000) 83 ,......) 1,830 1,686 Light 49,57'2) 2,121 .............) 49,761 59,458 Consolidated --- Tax _ Tax ............$283,752 44,000 239,752 $ 324,582 $ 325,189 Fire Equipment 12,838 3,171 12,838 11,074 7,502 Fire Maintenance 116,401 -5,885 ........... 116,401 107,656 102,685 Firemen's Pension ........21,900 8,217 3,585 1,300 17,015 16,836 16,287 Street Cleaning & garbage disposal ...... 35,118 1,085 18,000 17,118 35,974 40,032 Library ......... 28,113 997 299 1,000 26,814 27,119 24,740 Waterworks ..170,450 17,844 20,000 150,450 ...............__ 181,264 199,4:33 Park .................. 23,623 1,604 1,650 575 21,395 22,968 18,360 Policemen's Pension .......... 15,720 1,659 4,689 1,000 10,031 11,309 11,294 Bond ................ 55,976) 29,729 55,976 93,000 286,000 Bond Interest.......... 27,011) 27,011 47,414 57,604 Emergency...... 34,236 1,181 34,236 31,524 15,117 Dock Bond & Interest......,... 36,974 5,627 36,974 31,104 30,040 Main Sewer.... 17,118 216 ........... 17,118 13,396 11,287 Dock Operating...... 22,618 4,786 5,500 17,118 38,140 2,513 Airport ............ ...... 738 193 Playground gL 401 ............. ...._......_.. Swim. Pool.... 15,242 1,541 2,575 12,667 12,980 10,515 Snow Removal 5,649....5,649 .... ,...... Library2,957 Bldg 3,b52 --- --- Totals ........$922,739 $64,738 $30,223 $224,400 $668,116 $1,010,035 $1,158,791 Estimated taxes per $1,000.00 of assessed value, $19.511. Adjusted Taxable Valuation (1937) .................................... ..................$33,438,291 Moneys and Credits (1937) at 6.00 mills .................... ....................... 8184,677 375 Moneys and Credits (1937) at 2.00 mills ......................................... 154 Special Session, July 20th, 1938 Resolution No. 63-38 Whereas, the Council of the City of Dubuque has duly considered and caused to be prepared the bud- get estimate of expenditures for the fiscal year beginning April 1, 1939, and ending March 31, 1940, as a basis for the tax levy for the year 1938, the same to be collected in the year 1939, and said budget having been duly approved by it: now therefore,, Be it resolved by the Council of the City of Dubuque that said bud- get 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 11th day of August, 1938, at 7:30 o'clock p. M. 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 expenditures and proposed tax levy to be published in the official news- paper 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 taxpayers will be heard for and against said estimate, said publica- tion to be not less than tett (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 lev- ied one (1) tax which shall be designated as the "Consolidated Tax Levy." Passed, adopted and approved this 20th day of July, 1938. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY,, F. W. THOMPSON, Attest: J. J. SHEA, Councilmen. City Clerk. Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Notice of claim for damages for injuries of Clarence Schetgen, ad- ministrator of the estate of Joseph Schetgen, deceased, in the amount of $10,000.00, presented and read. Councilman Thompson moved to refer the Notice of Claim to the City Solicitor. Seconded by Conn. cilman Wharton. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, .Wharton. Nays—None. Communication of Dubuque Park Board submitting Warranty Deed, Recorded Plat and Abstract of Title from Jerry Potter to the Board of Park Commissioners of Lot 2 of Lot 1 of Lot 1 of Eagle Point View also City Solicitor Nel- son's opinion and report on the ex- amination of the title to said pro- perty, presented and read. June 17, 1938. Mr. Waldo Adams, Treasurer, Board of Park Commissioners, Dubuque, Iowa. RE: Lot 2 of Lot 1 of Lot 1 of Eagle Point View in the City of Dubuque, Iowa, according to the recorded plat thereof: Dear Sir: At your request I have examined the title to Lot 2 of Lot 1 of Lot 1 of Eagle Point View in the City of Dubuque, Iowa, according to the recorded plat thereof, as indicated by ab- stracts of title thereto,, delivered to me, prepared by the Abeln Ab. stract Company, which consists of entries from the time of the orig- inal entry of this property on De- cember 13, 1847, to August 1, 1925, to and including June 13, 1938, as certified to by the Abeln Abstract Company. From an examination of said ab- stracts of title, I am of the opin- ion that at the last mentioned date, June 13, 1938, the title of record in fee simple to the above described premises was in the Board of Park Commissioners of the City of Dubuque, Iowa, in trust for the public, under warranty deed to said Board of Park Com- missioners, from Jerry R. Potter, unmarried, dated June 1, 1938. The abstract of title indicates that all real estate taxes assess. ed against said property have been paid, with the exception of the last half of taxes assessed for the year 1937 which have not been paid. The abstract of title shows no special assessment tax- es assessed against this property which have not been paid. The abstract of title indicates that poll taxes assessed against Jerry R. Potter for the years 1929 and 1930 have not been paid. In view of the fact that these poll taxes, the sum of which is not dis- closed by the abstract, might be construed to be a lien upon said real estate, it is suggested that YOU procure the payment of the Special Session, July 20th, 1938 155 same from Mr. Potter at the time of the payment of the purchase price of the property. Subject to the matter of poll, taxes, I am of the opinion Jerry R. Potter could and would convey good and merchantible title to the property. I am returning to you herewith the abstract of title deliv- ered to me. Respectfully submitted, Al, J. NELSON, City Solicitor. Councilman Murphy moved that the communication of the Dubuque Park Board be received and filed and that the opinion of City Solici. tor Nelson be made a matter of record and that the Warranty Deed and Abstract of Title be received and placed on file. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy,, Thompson, Van Duelman, Wharton. Nays—None. Communication of John Montel calling the attention of the City Council to the fact that in 1920 the voters of Dubuque demanded the erection of a city owned light plant but nothing was ever done in the matter and suggesting to the City Council that a city owned light plant would be a good companion to the city owned water works, pre. sented and read. Councilman Thompson moved to refer the communication to the City Council for consideration. Sec- onded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Communication of Murphy Insur- ance Agency requesting that the Class "B" Beer Bond of H. A. Van- dercook be terminated as of July 1st, 1938, as said business has been discontinued as of that date, pre- sented and read. Councilman Thompson m o v e d that the request be granted. Sec- onded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of Hubert M. Fischbach requesting the release of the Class "B" Beer Bond of Hubert M. Fisch- bach and Emil C. Leiser as said Partnership has been discontinued as of July 13th, 1938, presented and read. Councilman Murphy moved that the request be granted. Seconded by Councilman Van Duelman, Car. ried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of Herman H. Morris, World War Veteran, requesting that he be granted a permit to operate an ice cream and soda wa. ter stand on East 4th Street dur. Ing the period of the coming car- nivals, presented and read. Councilman Thompson moved that the request be granted. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of Andrew D. Karigan, requesting permission to construct a loading platform at the rear en. trance of his place of business at 720 Main Street, presented and read. Councilman Van Duelman moved to refer the petition to the Build- ing Commissioner for investigation and report. Seconded by Council- man Thompson. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of George F. Kormann, et al, remonstrating against the proposed improvement and continu- ation of Abbott Street, presented and read. Councilman Murphy moved to re- fer the petition to the City Coun- cil. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of Mrs. John Badger, re- ferred to the City Council by the Board of Supervisors, requesting suspension of the 1937 taxes on the N. E•. 24 feet of W. 24 feet 8 inches of E. 134 feet of Lot 10 of Fengler's Addition, presented and read. Councilman Murphy moved to re- fer the petition to the City Solicitor for investigation and report. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of Bert Zelens, et al, submitting petitions containing 1317 signatures signifying their ap- 156 Special Scssion, July 20th, 1938 proval of the appointment of J. July 19, 1938. Edward Whelan for the position of To the Honorable Mayor and City Police Judge, presented and read. Council, Councilman Thompson moved to Dubuque, Iowa. refer the petitions to the City Coun- Gentlemen: This is to, advise cil for consideration. Seconded by that I have approved the following Councilman Wha"rton. Carried by bonds and policies and desire to the following vote: have your approval on same for Yeas—Mayor Clark, Councilmen filing: Murphy, Thompson, Van Duelman, EXCAVATION Wharton. Linehan & Molo, 135 West 5th Nays—None. Street—United States Fidelity & Petition of Dubuque Library Guaranty Co. of Baltimore. Board requesting the vacation of Mrs. Ray Powers, 824 Cleveland that part of the alley lying be. Avenue—Massachusetts Bonding & tween Bluff and Locust Streets Insurance Company. from West 11th Street southerly to George I. Beaves, 2531 Windsor the southerly line of City Lot 658A, Avenue—Bond No. 813706, The presented and read. Western Surety Co. Councilman Van Duelman moved Philip Breithaupt, 2120 Washing. to refer the petition to the Plan. ton Street—Bond No. A-680, Com- mercial Casualty Ins. Co. ning and Zoning Commission for their recommendation and report. Seconded by Councilman Thomp- CLOCK First First National Bank, N.W. Cor. son. Carried by the following & Main Streets—Policy No. vote: IOT 1650, The Fidelity and Casu- Yeas—Mayor Clark, Councilmen alty Co. Murphy, Thompson, Van Duelman, PERSONAL Wharton. George Bennett, City Assessor— Nays—None. Bond No. 1795335, London & Lan. Proof of publication, certified to by the publishers, of a statement cashire Ind. Co. Allen Kane, Clerk, Water of receipts and also a list of claims Dept.—Mutt ual Surety Company of for which warrants were drawn during the month of May, 1938, Iowa. Daniel J. O'Leary, Plumbing In- In - presentecl and read. spector—Bond No. 304084 K, Amer- Councilman Thompson moved ican Surety Company. Geraldine L. Demkier, Secretary that the proof of publication be received and filed. to City Manager—Continental Cas. Seconded by Councilman Murphy. Carried by the ualty Company. Albin A. Rhomberg, City Manag. following vote: er—Continental Casualty Company. Yeas—Mayor Clark, Councilmen SIGNS Murphy, Thompson, Van Duelman, Wharton. Ray N. Clemens, 4th and Iowa Nays—None. Streets—Bond No. 17368, Merch- ants Mutual Bonding Company. July 13, 1938. To the Honorable Mayor Wm. Varvis, 249 Eighth Avenue —'Western Surety Co. and City Council, Dubuque, Iowa. Mort H. Singer Theatres Corp., Gentlemen: (Orpheum Theatre), N.W. Corner I am submitting herewith reports of the City Audi- 4th and Main Streets—Policy No. GPL-107344, Massachusetts Bond. tor, City Treasurer, City Health Department and City ing & Insurance Company. Sieg Water Depart- ment for the month of June, 1938, -Dubuque Company, Inc.,, 727 Iowa Street—Policy No. 805623, also a list of claims and list of payrolls for which Hardware Mutual Casualty Com - warrants were drawn during the month of June, 1938' pany. Clark Drug Company, Inc., 976 Respectfully submitted, Main Street—Policy No. 2020, Em - P1oyE1•8 Mutual Cas. A. A. Rhomberg, Company. N. Paradiso, 1214 Iowa Street— City Manager. Counciiman Policy No. 43294, Bituminous Casu- Thompson moved that the alty Corporation. reports be received and Placed on file. Mathis -Moffatt Company, 115 W. Sixth Seconded by Coun- cilman Murphy. Street—Policy No. LP 3154, Fireman's Carried by the fol- lowing vote: Fund Indemnity Com - Yeas—Mayor Clark, Councilmen Murphy, Thompson, pany. nance Corp., 1473 Central Interstate Avenue— Policy No. OLT- Van WLarton. Duelman, 2202221, Continental Casualty Com- Nays—None. Pany. Fuhrman-Triller Company, et al, Special Session, 905 Central Avenue—Policy No. GL -471719, Hartford Accident & Ind. Company. Theisen Battery & Electric Co., 330 West 8th Street—Policy YC - 2546, London Guarantee & Accident Co. Sydney Haudenschield, 2170 Cen- tral Avenue—Policy No. 20P664, The Aetna Casualty & Surety Co. Nicholas F. Schueller (for wreck- ing), Cor. Locust and West 6th Street—Policy No. PL -172056, Hart- ford Accident & Ind. Company. Sam Rotman, 870 Central Aven- ue—Policy No. 85951„ Hawkeye Casualty Company. William M. Hill, 2024 Central Avenue—Policy No. OLT 5344, Fire- man's Fund Indemnity Company. Spensley Luncheonette, N. W. Corner 4th and Main Streets—Pol- icy No. OPW-242, Central Surety and Insurance Corp. James Slack, 84 Main Street— Policy YR 4771, London Guarantee & Accident Co. Excel Photo Shop, 1879-1881 Cen- tral Avenue—Policy No. 20211, Eb- ployers Mutual Casualty Company. Belsky Motor Company, 767-795 Central Avenue—Policy No. LAG - 3768, Fireman's Fund Indemnity Company. Walgreen Drug Co., signs at fol- lowing locations: 813 Main Street and 225 8th Avenue Policy No. OLT-2202202, Continental Casualty Company. Premier Pabst Sales Company, signs at following locations: Greg- ory's Tavern, 1105 Julien Avenue and St. George Hotel, 576 Central Avenue — Policy OLT-5339, Fire- man's Fund Indemnity Company. Blatz Brewing Company, signs at following locations: Alvin Lee Tavern, 701 Central Avenue and Andy Reiter Tavern, 461 Eighth Avenue --Policy GLPL 412237, The Employers' Liability Ass. Corp. Potosi Brewing Company, signs at the following locations: Duccini Tavern, 16th Street; Dominic Gala, 1563 Central Avenue; Morris Blum, 700 E. 16th Street; Maas Tavern, 24th and Prince Streets; John May- erle, N.W. Cor. 4th and Central Avenue; Mel's Place, 14th Street; Walnut Tavern, Julien Avenue; Old Home Tavern, Central Avenue; Mike Sand, 2498 Central Avenue; and Louie Spielman, 601 Rhomberg Avenue—Policy No. GPL-108112, Massachusetts Bonding & Ins. Co. Star Brewing Company, Fourth Street Ext., signs at the following locations: Harold A. Casey, 1097 Jackson Street; Eugene McCann, July 20th, 1938 157 800 Iowa Street; Al Vogelsburg, 29 W, 8th Avenue; Mike Schnee, 37 W. 8th Avenue; Hail's Tavern, 1766 Central Avenue; Dubuque Beer Garden, 1399 Jackson Street; Nick Weber, 431 Rhomberg Aven- ue; Tom Peed, 236 W. 7th Street; Joe Bower, 527 22nd Street; Ma- chinek & Stieber, 3165 Central Avenue; Anna Heiar, 1900 Wash- ington Street; Jack Carney, 115 W. 6th Street; Frank Gregory, 1105 Julien Avenue; Roy Wright, 2600 Central Avenue; Louis A. Wright, 1828 Central Avenue; Clarence L. Schadle, 461 West 8th Avenue; George Nardin, 553 West 8th Av. enue; R. D. Hughes, 1006 Central Avenue; George Trimpler, 1701 As- bury Street; Joe Beecher, 24th & White Street; H. P. Lemper, 2776 Jackson Street; A. 0. Weitz, 201 East 22nd Street; Henry Jensen, 504 Central Avenue; Leo Roth, Five Points; Wm. E. Briggs, 1255 Central Avenue; John Amacher, 390 East 12th Street; Peter Kress, 41 West 7th Street; Al Vogler, 2216 Central Avenue; E. Eppler, 1 Lo- cust Street; Michael J. Graff, 2364 Washington Street; R. J. Weber, 1545 Central Avenue; F. J. Sauger- Ing, 2417 Rhomberg Avenue; Geo. Rettenmaier, 1100 Lincoln Avenue; Mrs. Frances Halpin, 2106 Central Avenue; George J. Scherr, 1187 Iowa Street; Wm. Schaffhauser, 576 Central Avenue; Wm. Wood - rich, 1101 Rhomberg Avenue; N. Brodeur, 1080 Julien Avenue; Me- Laughlin's Tavern, 115 East 22nd Street; Armstrong Tavern,, 398 Main Street; Horne's Tavern, 400 Rhomberg Avenue; Eisnegger's Tavern, 1105-07 Iowa Street; D. Warren, 1702 Central Avenue; F. Boyer, 511 Garfield Avenue; Clan- cy's Tavern, 378 Main Street; Henry Oleson, 212 1st Street; Per- cy Smith, 678 Central Avenue and H. Grode, 1643 Central Avenue— Policy No. CI -138589, Columbia Casualty Company. Standard Oil Company, signs at the following locations: S.W. Cor- ner 11th and Central Avenue, N.W. Corner 2nd and Locust Streets, S.W. Corner 8th and Locust Streets, S.W. Corner 22nd and Cen- tral Avenue,, N.W. Corner 20th and Central Avenue, N.E. Corner Grand- view and Grace Street, S.W. Cor- ner Delhi and Asbury Streets, N.W. Corner 4th and Locust Streets, N.W. Corner 20th and Jackson Streets, Rockdale 32 d , 47JW. 4th Street (garage), son Streets, 901 Rhomberg Avenue, S.E. Corner 4th and Central Avenue, 65- 73 Main Street; 430 Central Av- enue, 45 West 4th Street, and Cor. of W. Locust and Kirkwood Streets ;W-' 158 Special Session, July 20th, 1938 —folic No. o OLT 5346, Fireman's Fund Ind. Company. WRECKING George R. Burden, Cor. Locust Street and West 6th Street—Policy No. CL28281, Hartford Accident & Ind. Company. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Thompson moved that the signs and policies be ap- proved and placed on file. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. July 20, 1938. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the session of the City Council held June 12, 1938, the petition of St. Joseph's Mercy Hospital requesting a refund on penalty and interest charges paid on the redemption of the tax sale certificates held by the City of Du- buque against Lot 2 of Lot 1 of City Lot 731 was referred to the City Manager and City Treasurer for an investigation and report. We find from the records that the assessment levied for the im- provement of Dodge Street, desig- nated Fund No. 323, was delinquent in the amount of $76.99 on April 1, 1926,, at which time the City ac- quired a tax sale certificate for that amount. On May 4, 1938, St. Joseph's Mercy Hospital redeemed from this tax sale certificate by paying $136.90 of which the City of Dubuque received $132.98. We, recommend that the matter be closed by granting a refund of the difference between $132.98 and 5% per annum interest charge from April 1, 1926 to May 1, 1938, plus advertising costs. Respectfully submitted, A. A. RHOMBERG, City Manager. OTTO F. PULS, City Treasurer. Councilman Murphy moved that the recommendation of City Man- ager Rhomberg and City Treasurer Puls be approved and that a war- rant in the amount of $8.85 be or- dered drawn against the Improve- ment Fund in favor of St. Joseph's Mercy Hospital to cover the amount of refund granted on pen. alty and interest charges paid on the redemption of the tax sale certificate held by the City of Du- buque against Lot 2 of 1 of City Lot 731. Seconded by Councilman Van Duelman. Carried by the fol lowing vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman Wharton. Na.,vs—None. July 20, 1938. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the 803sion of the City Council held July 12, 1938 the petition of Anna T. Spensley, agent for Mary Alice, S. Weir and Anne T. Spensley, trustees, and Maria R. Spensley, requesting ad- justment on the special assess- ments levied against Lot 6 of Block 11 of Dubuque Harbor Company Addition was referred to the City Manager and the City Treasurer for an investigation and report. We find that an assessment was levied for the improvement on Dodge Street on October 2, 1929 in Fund No. 868 in the amount of $1,406.21 on which payments were made in 1930, 1931 and 1932 for a total of $562.49, leaving a balance at that time of $843.72. No further payments were made and on Feb- ruary 3, 1936, the property was sold to Dubuque County at a public bidder tax sale for $421.86, plus interest to date of sale of $202.47,. plus 4% penalty of $24.97 on which interest has accumulated from the date of the sale, namely February 3, 1936, in the amount of $96.53, or a grand total at the present time of $745.83. Since the date of the sale three installments remain de. linquent and unpaid in the amount of $421.86, plus penalties and in- terest. We recommend that the Dodge Street assessment be settled by two separate adjustments. The first adjustment recommended is that a refund be granted for the difference between the amount nec- essary to satisfy the scavenger sale and $421.86, plus 5% per annum from February 3, 1936, to the date of the redemption, plus advertising costs. The second adjustment rec- ommended would be to have the County Treasurer instructed to ac- cept, in satisfaction of the install- ments which have become delin- quent since the date of this sale, namely $421.86 at 5% per annum from March 31, 1936, plus advertis- ing costs. We find that there was levied against this property for the im- provement of Main Street on March 27, 1934, in Fund No. 945 an as- sessment of $510.90 from which a reduction in the amount of $153.27 was granted, leaving a net bal- ance of $357.63. No payments were Special Session, July 20th, 1938 159 made of interest or principal for this improvement. On February 3, 1936, Dubuque County bid the pro- perty in for the delinquent inter- est. Since that time two install- ments of principal. of $51.09 each have become delinquent and there remain to be paid in the years 1939, 1940, 1941, 1942, and 1943 five payments in the principal amount of $51.09 each. We recommend that the Main Street assessment be settled by the owner dealing directly with the County on the certificates held by the County on the interest involved in the sale of February 3, 1936, which amount is approximately $45.19, and on the principal adjust- ment a refund be granted follow- ing the redemption of the property, based on the difference of the amount paid in find $357.63, plus 5% per annum from April 1, 1936, and advertising costs. Respectfully submitted, A. A. RHOMBERG, City Manager. OTTO F. PULS, City Treasurer. Councilman Murphy moved that the recommendation of City Man- ager Rhomberg and City Treasurer Puls be approved and that a war- rant in the amount of $273,82 be ordered drawn against Special Bonded Fund No. 868 in favor of Anne T. Spensley Agent, Mary Alice S. Weir, Anne T. Spensley, Trustees, Maria R. Spensley to cov- er refund granted on penalty and interest charges when paid on the redemption of tax sale certificate held by County of Dubuque against Lot 6 of Block 11 of Dubuque Har- bor Company Addition also that the County Treasurer be instructed to accept in satisfaction of the in- stallments which have become de- linquent against Lot 6 of Block 11 of Dubuque Harbor Company Addi- tion since the date of tax sale, the amount of $421.86 at 5% per an- num from March 31, 1936, plus ad- vertising costs Fund 868 for the improvement of Dodge Street and also that the County Treasurer be Instructed to accept the delinquent Principal in the amount of $357.63 Plus 5% per annum from April 1, 1936, and advertising costs on the special assessments levied against Lot 6 of Block 11 of Dubuque Har- bor Company's Addition Fund 945 for the improvement of Main Street. Seconded by Councilman Wharton. Carried by the following voter Yeas—Mayor Clark, Councilmen Murphy,. Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 62-38 Whereas, applications for Class "B" Beer Permits have been sub. mitted to this Council for approv. al and the same have been ex- amined: Now, therefore, Be it resolved by the Council of the City of Dubuque that zhe 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 Phillip Mihalakis (New), 469 Main Street. Carl McDermott (New), 303 Main Street. Passed, adopted and approved this 20th day of July, 1988. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, GEO. R. MURPHY, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Murphy moved to suspend the rules for the purpose of allowing any one present in the Council Chamber, who wishes to do so,, to address the Council. Seconded by Councilman Whar- ton. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Mr. Philip Mihalakis addressed the Council stating that if granted a beer permit as applied for that he will be the sole owner of said permit. Council advised Mr. Philip Mi- halakis that he could not employ either Mr. or Mrs. T. J. Collins to work in said tavern and that if he did employ either of them that his permit would be subject to re- vocation. Councilman Thompson moved the adoption of the resolution. Sec. onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman. Nays—Councilman Wharton. Resolution No. 64-38 Whereas, application for "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 fol- lowing application be and the same is hereby approved and it is ord- ered that the premises to be oc- cupied by such applicant shall be forthwith inspected. 160 Special Session, July 20th, 1938 CLASS "B" PERMIT CLASS "B" PERMIT W. P. Trimpler (Transfer of ad- Norman Palmer (Renewal),. 1322 dress from 709 Julien Avenue), Central Avenue. 210 West 5th Street. William Blum (Renewal), 1654 Passed, adopted and approved Central Avenue. this 20th day of July, 1938. CLASS "C" PERMIT CARL A. CLARK, Ed. F. Cosgrove, (New), 410 8th Mayor. Avenue. FRANK VAN DUELMAN, Henry Jenni (Renewal), 1296 ALBERT WHARTON, Street. GEO. R. MURPHY, Passed, adopted and approved F. W. THOMPSON, this 20th day of July, 1938. Councilmen. CARL A. CLARK, Attest: J. J. SHEA, Mayor. City Clerk. FRANK VAN DUELMAN, Councilman Thompson moved the ALBERT WHAR.TON, adoption of the resolution. Sec- GEO. R. MURPHY, onded by Councilman Van Duel- F. W. THOMPSON, man. Carried by the following Councilmen. vote: Attest: J. J. SHEA, Yeas—Mayor Clark, Councilmen City Clerk. Murphy, Thompson,, Van Duelman, Councilman Murphy moved the Wharton. adoption of the resolution. Second- Nays—None. ed by Councilman Van Duelman. Resolution No. 65-38 Carried by the following vote: Whereas,' application for Class "B" Beer Permit has been submit- Yeas—Mayor Clark, Councilmen Murphy, Thompson, ted to this Council for approval Van Duelman, Wharton. and the same has been examined: Nays—None. Now, therefore. Be it resolved by the Council Resolution No, 67-38 Whereas, heretofore applications Of the City of Dubuque that the following application be and the were filed by the within named same is hereby approved and it is applicants for Beer Permits and the received the a y PProval of this ordered that the premises tc, be Council; and occupied by such applicant shall be forthwith Whereas, the premises to be oc- inspected. cupied by them have been inspect - CLASS "B" PERMIT Joseph J. Weiner (New), 709 Jul- ed and found to comply with the ordinances of this ten Avenue. Emil Leiser (New), 12.00 City and they have filed a proper bond: Now, therefore, Iowa Street. Passed, adopted and approved this 20th day of July, 1938. Be it resolved by the Council of the City of Dubuque that the Manageer be and he is hereby di - CARL A. CLARK, rected to issue to the following Mayor. FRANK VAN DUELMAN, named a Permit. CI.ASSs"B"Beer GEO. R. MURPHY, PERMIT Norman Palmer (Renewal), 1322 F. W. THOMPSON, Central Avenue. Attest: J. J.SHEA, uncilmen, CLASS "C" PERMIT Cit Councilman Thompson Ed. F. Cosgrove (New), 410 8th Avenue. moved the adoption of the resolution. Second- He (Renewal), 1296 ed by Councilman Van Duelman, Carried by the following vote: Mainnry Streetnni Be it further resolved that the Yeas—Mayor Clark, Councilmen Murphy, Thompson, bonds filed by such applicants be and the same are hereby Van Duelman. Nays—Councilman Wharton. approved. Passed, adopted and approved Resolution No. 66-38 Whereas, this 20th day of July, application for Beer Permits have been CARL A. CLARK, RK, submitted to this Council for approval and the same Mayor. FRANK VAN DUELMAN, have been examined: Nov, therefore, ALBERT WHARTON, Be it resolved GEO. R. MURPHY, F. by the Council of the City of Dubuque W THOMPSON, that the fol- I owing applications be Councilmen. Attest: J. J. SHDA, and he same are hereby approved and it . ordered that the is City Clerk. Councilman Van Duelman Occupied by such to be beapplicants be moved the adoption of the resolution. Sec - See - forthwith ins shall onded by Councilman Murphy. Car- ried by the following vote: Special Session, Jul Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Ordinance No. 18-38 An Ordinance amending an Ordi. nance entitled, "Ordinance No. 9- 35. An ordinance providing for the issuance of Class "B" and Class "C" beer permits and for the revocation of the same; fixing permit fees; prescribing rules and regulations governing the operation of places where beer is sold and consumed, pursuant to such permits; restrict- ing dancing and providing a license therefor; repealing all ordinances heretofore enacted and governing this subject; providing a penalty for violation thereof; and declar- ing an emergency," presented and read. Councilman Van Duelman moved that the reading just had be con- sidered the first reading of the or. dinance. Seconded by Councilman Murphy. 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 re- quiring an ordinance to be read on three separate days. Seconded by Councilman Murphy. 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 con- sidered the second reading of the ordinance. Seconded by Council- man Murphy. Carried by the fol- lowing vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Mr. Jos. J. Bertsch, owner of the Merchants Hotel, addressed the Council relative to the disturbance being created from the dine and dance permit being operated at Norton's Tavern adjoining his ho- tel and further stating that guests after registering at the hotel are compelled to leave due to the dis- turbance being created at this dine and dance tavern and further re- questing that he be granted relief from this disturbing of the peace. Mr. Charles Adams addressed the Council complaining of the disturb. ance being created at the dine and dance tavern known as Arcade Tav- ern and further stating that min - 20th, 1938 161 ors are employed at this tavern. Councilman Murphy moved that the complaints submitted to the City Council relative to the nuis. ance being created due to the is- suance of dine and dance, permits to beer taverns and also the loud noises in taverns caused by the Playing of mechanical musical in- struments in beer taverns be re- feTred to the Police Department with instructions that the City Ordinances be enforced. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson,, Van Duelman, Wharton. Nays—None. There being no further business, Councilman Murphy moved to ad- journ. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. J. J. SHBA, City Cler . Approvet G.... 933. Adopted ^ t�y...1938 Councilm.G....:...:..."................. Attest: ..... .., ..V..... City Clerk. �r1'> __ 1o.2 Special Session, July 29th, 1938 city council (official) Special Session, July 29th, 1938. Council met at 4:36 P. M. Present—Mayor Clark, Council- men Murphy, Thompson, Van Duel - man, Wharton, City Manager Rhom- berg. Meeting called by order of Coun- cilmen Wharton and Thompson. Mayor Clark read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of consider- ing the petition of A. M. Hoffmann, requesting the rezoning of the pro- perty located at 1640 Main Street from a multiple residence district to a local business district and acting on any other business as may properly come before a regu- lar meeting of the City Council. Petition of St. Paul's Mission House, Epworth, Iowa, requesting permission to suspend a banner across Main Street between 8th and 9th Street, presented and read. Councilman Murphy moved that the request be granted. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton, Nays—None. Petition of A. M. Hoffmann re- questing the rezoning of the pro- perty located at 1640 Main Street from a multiple residence district to a local business district, pre. sented and read. Councilman Thompson moved to refer the petition to the Planning and Zoning Commission for their recommendation and report. Sec- onded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson,. Van Duelman, Wharton. Nays—None. There being no further business, Councilman Murphy moved to ad- journ. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. J. J. SHEA, - Qty Clerk. Approved Adopted Councilmen .40. A..e..,#t..�..--."... C..........................,.... K. Attest: ..... ...................... City Clerk. C Regular Session, i August 1st, 1938 163 City Council (Official) Regular Session, August 1st, 1938. Council met at 8:15 P. M. Present—Mayor Clark, Council- men Murphy, Thompson, Van Duel - man, Wharton. 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. August 1st, 1938. To the Honorable Mayor and City Council, City of Dubuque, Iowa Gentlemen: Referring to the at- tached petition of Mr. A. M. Hoff- mann requesting rezoning of the property at 1640 Main Street, the Planning and Zoning Commission respectfully recommends to your honorable body that the petition as worded be denied. Instead the Planning and Zon- ing Commission recommends the following changes in the wording of the Zoning Ordinance as fol. lows: In Article 4, Multiple Residence District, Section 1. Use Regula- tions, by making Paragraph I be- come Paragraph J and inserting new Paragraph I reading as fol- lows:—Funeral Home and Mortu- ary within the following designat- ed Multiple Family Districts in the area bounded by the North pro- perty line of Dodge Street and the North property line of the North side of Seventeenth Street, and by the West property line of the West side of Bluff Street to and includ- ing both sides. of Central Avenue. Further to delete from Article 5, Local. Business District, Secton 1, Use Regulations Paragraph G which reads as follows: Funeral Home or Mortuary. Respectfully submitted, R. V. McKay, Secretary. DUBUQUE PLANNING AND ZONING COMMISSION, By H. H. Howie. Councilman Wharton moved to suspend the rules for the purpose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Sec- onded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Attorney Charles E. O'Connor ad- dressed the Council setting out the objections as contained in the peti- tion of Bart L. Molo et al, which had been filed with the Planning and Zoning Commission, objecting to the rezoning of the property lo. cated at 1640 Main Street for a mortuary and funeral home and re- questing that the petition of A. M. Hoffmann be rejected. Attorney Herbert J. Hoffmann ad- dressed the Council requesting that the recommendation of the Plan- ning and Zoning Commission be ap- proved and that the petition of A. M. Hoffmann be granted. Councilman Murphy moved that the recommendation of the Plan- ning and Zoning Commission be approved and that the City Solic- itor be instructed to prepare the proper proceedings. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van. Duelman, Wharton. Nays—None. Notice of Claim of Mrs. Eileen EllwangeT in the amount of $47.00 for loss of wrist watch at the Mu. nicipal Bathing Pool, presented and read. Councilman Thompson moved to refer the Notice of Claim to the City Solicitor. Seconded by Coun- cilman Van Duelman. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Communication of League of Iowa Municipalities submitting statement in the amount of $80.00 for annual membership dues from August 1, 1938, to August 1, 1939, presented and read. Councilman Murphy moved to re- fer the communication to the City Council.. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of Norman J. Korman, Charles W. Callahan and Mark W. Gavin, representatives of Municipal Local 651 of the International Hod Carriers, Building and General La- borers Union of America request- ing the City Council to recommend to the City Manager the adoption of the attached working rules and regulations governing all general working rules of employees, mem- bers of Municipal Local 651, pre- sented and read Mr. Mark Gavin addressed the Council requesting that the prayer 'F�i 164 Regular Session, August 1st, 1938 of the petition be granted and to in the various departments recommend to the City Manager same shall be made a matter of negotia. the adoption of the attached work- tion between the City Manager ing rules and regulations. of the City of Dubuque, Iowa, and WORKING RULES AND REGULATIONS the representative or representa. tives of Municipal Local 651 of the International Hod Carriers, Build. Concerning all general working Ing and General Laborers. Union of rules concerning employees. mem- America. These working rules and bers of the Municipal Local 651 of regulations shall not be the International Hod Carriers, so con. strued as to limit the rights of an Building and General Laborers Un- employee governed by Civil Service Ion of America, in the street, sew- Laws but shall be construed so er, garage and water maintenance as to be in addition to such ri h ts. of the city of Dubuque, Iowa, for g All employees shall be furn- the period beginningb. •••••••••.•.•••••••••••• 19...... and ending 19..... fished transportation to the ........................ Any change in these working where work is to be done and et turned to the starting point each rules and regulations shall only be day. made after 30 days written notice has been 6. Each emiployee covered by given, and a date for negotiation concerning the pro- these working rules and regula- tions will hereby be entitled to Posed change has been set by eith- er the City Manager or the repret two weeks vacation with pay out of sentative of Local 651. each fifty-two weeks. Councilman Van Duelman moved I. The minimum work -week shall that the working rules and regula- consist of 8 hours per day for the tions be adopted. Seconded by first five working days of each Councilman Murphy. Carried by week and 4 hours on Saturday the following vote: 2. SCALE OF WAGES: Yeas—Mayor Clark, Councilmen Murphy, Thompson,, Van Duelman, (a) Street maintenance Per Hr. Wharton. men .................................. $ .50 (b) Helpers on rubbish dis- Nays --None. Petition of G. H. Atkinson, et al., posal requesting that electric service be .................................. .52Y2 (c) Truck drivers .................. .55 extended to their residences on Maple Island, (d) Machine operators .......... 57 1/2 presented and read. (e) Sub -foremen Mr. John McEvoy addressed the (f) Foremen ............. •571/2 Council requesting that the prayer �••••••••••••••••e•'• ... .60 (g) Sewer maintenance of their petition be granted. men .........................:...... Councilman Wharton moved to .55 (h) Sewer depp artment truck refer the petition to the City Man - drivers ager for investigation and report. .....I.....•...... (i) Garage mechanics 55 Seconded by Councilman Thomp- '60 (j) Garage janitors son. Carried by the following vote: .,•,•......... (k) Working and wage scale .50 Yeas—Mayor Clark, Councilmen conditions as they exist Murphy, Thompson, Van Duelman, at the present time in Wharton. the water department Nays—None. shall remain in effect for Petition of Dubuque Centennial Committee the d gyration of these working requesting permission to attach street decorations to the and regulations. rules boulevard light posts on Central 3• All working specified 8 hours time over the Avenue from 22nd street to 12th street; on 12th street from Central Per day and 4 hours on Saturdayreet be Avenue to Main Street; on Main con- sidered as overtime to b the rate of timat Palper Street also frol requestingqth reet to 2nd permission e and one-half hour or fraction thereof. ters to the same rbeensrecently All over. time shall be as Posts ashhas done by equally divided among all employees other organizations Presented and of the ous departments as circumstances read. Permit. Councilman Van Duelman moved 4. Seniority in that the request be granted. See - all departments shall be the p onded by Councilman Murphy. Car - same as governe Civil Service d by Laws of ried by the following vote:the the State oP Iowa. Seniority rights Yeas—Mayor Clark, Councilmen all times shall at Murphy, Thompson„ Van Duelman, es of prevail. In any instant- Wharton. altercation through applica. oP these seniority In 'Nays --None. y None. rights or the classification oP workmen Petition of Anna T. Spensley . agent, Mary Al -ice S. Weir, Anna Regular Session, August 1st, 1938 165 ry S ensley and Maria R. Spensley . P , referred to the City Council by the Board of Supervisors, requesting suspension of the 1936 and 1937 taxes on Lot 2 of 1of 1 of Min. Lot 139, presented and read. Councilman Murphy moved to re- fer the petition to the City Solicitor for investigation and report. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Ordinance No. 18-38 An Ordinance amending an Ordi- nance entitled,. "Ordinance No. 9- 35. An ordinance providing for the issuance of Class "B" and Class "C" beer permits and for the revo- cation of the same; fixing permit fees; prescribing rules and regula- tions governing the operation of places where beer is sold and con- sumed, pursuant to such permits; restricting dancing and providing a license therefor; repealing all or- dinances heretofore enacted and governing this subject; providing a penalty for violation thereof; and declaring an emergency, said ordi- nance having been passed upon first and second readings on July 20th, 1938, presented and read a third time. ORDINANCE NO. 18-38 An Ordinance amending an Ordin- ance entitled, "Ordinance No. 9-35. An ordinance providing for the is- suance of Class "B" and Class "C" beer permits and for the revocation of the same; fixing permit fees; pre- scribing rules and regulations govern- ing the operation of places where beer is sold and consumed, pursuant to such permits; restricting dancing and providing a license therefor; re - Pealing all ordinances heretofore en- acted and governing this subject; pro- viding a penalty for violation thereof; and declaring an emergency." by repealing paragraph 503, Section 15, and enacting a substitute in lieu thereof. Be it ordained by the City Council of the City of Dubuque: PARAGRAPH 503—FEES— SECTION 15 That paragraph 503, Section 15 of an ordinance entitled: "Ordinance No. 9-35. An ordinance providing for the issuance of Class B" and Class "C" beer permits and for the revocation of the same; fixing permit fees; prescribing rules and regulations governing the operation Of places where beer is sold and con- sumed pursuant to such permits; re- stricting dancing and providing a li- cense therefor; repealing all ordin- ances heretofore enacted and govern- ing this subject; providing a penalty for violation thereof; and declaring an emergency." be, and the same is hereby repealed, and the following enacted in lieu thereof: PARAGRAPH 503—FEES— SECTION 15. That from and after the first day of July, 1939 the following annual permit fees shall be exacted and paid in advance for class "B" .and class "C" permits: ty�fivFor a class -'C" permit, Twen- e (B) Fora class try club permit, Two Hundred Dollars f or ($200), except where the permit is is- sued for six months in which event it sha11 Ue One Hundred ($100) Dollars. (C) For a class "B" club permit Two Hundred ($200) Dollars. (D) For a class 'B" tavern per- mit, Two Hundred ($200) Dollars. (See sub on Section 17). where he hotel has one hundred or more guest rooms, Two Hundred fifty ($250) Dollars. where the hotels has lessotthanone ye hundred guest rooms, Two Hundred ($200) Dollars. PARAGRAPH 503-A— SECTION 15A That in all cases where an annual class "B" license or permit is issued from and after the effective date of this ordinance and prior to the first day of July, 1939'the permit fees to Ue exacted and paid for such class I.B" licenses or permits shall be computed and exacted and paid as fol- lows: (a) For a class "B" golf or coun- try club permit at the rate of Eight and 33-100 ($8.33) Dollars per month from the date of issuance of said li- cense to July 1, 1939, and at the rate of Sixteen and 67-100 ($16.67) Dollars for each month from and after July 1, 1939, to the date of expiration of said license or permit. (b) For it class "B" club permit, at the rate of Eight and 33-100 ($8.33) Dollars per month from the date of issuance of said license to July 1, 1939, and at the rate of Sixteen and 67-100 ($16.67) Dollars for each month from and after July 1, 1939, to the date of the expiration of said license or permit. (c) For a class "B" tavern per- mit at the rate of Eight and 33-100 ($8.33) Dollars per month from the date of issuance of said license to July 1, 1939, and at the rate of Six- teen and 67-100 ($16.67) Dollars for each month from and after July 1, 1939. (d) For a class "B" hotel permit, where the hotel has one hundred or more rooms, at the rate of Twelve and 50-100 ($12.50) Dollars per month from the date of issuance of said license to July 1, 1939, and at the rate of Twenty and 83-100 ($20.83) Dollars for each month from and after July 1, 1939. (e) For a class "B" hotel permit where the hotel has less than one hundred rooms, at the rate of eight and 33-100 ($5.33) Dollars per month from the date of issuance of said and at the rate license of tteen 1and9367 Si -100 ($16.67) Dollars for each month from and after July 1, 1939. PARAGRAPH 503-A— SECTION 15-B This ordinance shall be in force and effect ten (10) days from and after its final passage, adoption and approval by the Clty Council, and publication as provided by law. Passed upon first and second read- ings this 20th day of July, 1933. Passed, adopted and approved upon Ik� 166 Regular Session, August 1st, 1938 final reading this 18t day of August, 1938. C.1RL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON. Attest: I. J. SHEA. City Clerk. Published officially in the Tele- graph -Herald newspaper on the 2nd day of August, 1938. SHEA, 8-2-1T City Clerk. Mr. Dwight S. James, attorney for Iowa Tavern Owners' Association, addressed the Council stating that the Dubuque Tavern Owners' As- sociation realized that there were too many taverns operating in Du- buque and that this condition was hazardous to the industry and detri- mental to public welfare and fur- ther stating that increasing the fees for licenses without placing a check on the number of taverns would place a burden on the tav- ern keepers and requesting that the Council adopt an ordinance limiting taverns in the City of Dubuque to the number as provided by statute and submitting a sample of said ordinance. Councilman Wharton moved the adoption of the ordinance. Second- ed by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Councilman Wharton moved that the City Solicitor be instructed to draft an ordinance limiting taverns in the City of Dubuque to the num- ber as provided by statute, said ordinance to provide that such lim- itation shall not operate to revoke any permit or the renewal of any permit in force upon the adoption of the ordinance. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson,, Van Duelman, Wharton. Nays—None. Auus To the Honorable Mayor 1st., 1938 and City Council, Dubuque, Iowa. Gentlemen: At the July 9th session of the City Council, a motion was passed referring the petition of Ellis Tin - dell regarding the construction of a porch and steps in the rear of his home to the Building Commission- er for investigation and report. This case is unusual and I be- lieve that Ellis Tindell is entitled to a rear entrance for his home. Owing to the topography of the ground and location of his home he can only obtain this by erecting a porch and steps that will extend into the alley at the rear of his property a distance of three (3) feet. The alley is so steep that it is very seldom used by cars or trucks and the structure would not inter- fere with any pedestrian traffic. In line with the above facts I would suggest that permission be granted by ordinance in the regu- lar manner and according to the usual restrictions. Respectfully submitted, H. H. HOWIE, Building Commissioner. Councilman Thompson moved that the petition be granted and the City Solicitor to be instructed to prepare a proper ordinance. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. August 1st., 1938 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the July 20th session of the City Council, a motion was passed referring the petition of Andrew D. Karigan regarding a loading platform to the Building Commis- sioner for investigation and report. The alleys of the down town business section present a prob- lem that is becoming more diffi- cult to handle every year. As ori- ginally platted the alleys were 30 feet in width, but with a constantly increasing number of loading plat- forms being constructed we are faced with a system of alleys that are only 24 feet in width, due to loading platforms on each side of 3 foot widths each. Auto traffic is increasing and parking space is more difficult to find. The result being that more cars are parked in the alleys. Truck service is increasing and we find more trucks in the alleys, both unloading and parked. The serious an;le is found in the danger of delay to the fire depart- ment and the evident failure of the present city ordinances to prevent the alleys from becoming totally blocked. The Telephone Company intends in the next five to ten years to remove all poles from the alleys and then we ivilI be forced to cause many platforms to be re- moved. Only those platforms abso- lutely necessary should be ap- proved and then only after careful study. Regular Session, August 1st, 1938 167 In line with the above facts and and, the same has been situation I regret that I am unable examined: Now, Therefore, to approve the petition attached Be It Resolved by the Council and request that the City Council of the City of Dubuque that deny the petition, the following application be and the Respectfully submitted, same is hereby approved and it is H. H. HOWIE, ordered, that the premises to be Building Commissioner. occupied by such applicant shall be forthwith inspected. Councilman Wharton moved that CLASS "C" PERMIT the application be granted and the Frank H. Essman City Solicitor to be instructed to (new), 2774 Jackson Street. prepare a proper ordinance. Sec- by Councilman Murphy. Car- Passed, adopted and approved onded ried by the following vote: this .... lay of August, 1938. Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Mayor. Wharton. .................. Nays—None. .................. Councilman Van Duelman moved that the City Manager, Building Councilmen. Commissioner and Chief of the Attest: ....... I......... Fire Department be instructed to City Clerk. make survey of traffic conditions Councilman Thompson moved to in the streets and alleys in the refer the resolution to the City down town districts. Seconded by Council for further consideration. Councilman Thompson. Carried by Seconded by Councilman Murphy. the following vote: Carried by the following vote: Yeas—Mayor Clark, Councilmen Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Murphy, Thompson, Van Duelman, Wharton. Wharton. Nays—None. Nays—None. August 1st., 1938 Resolution No. 69-38 To the Honorable Mayor Whereas, application for Class and City Council, "B" Beer Permit has been sub - Dubuque, Iowa. mitted to this Council for aproval Gentlemen: and the same has been examined: With reference to the attached Now, Therefore, Petition of the Dubuque Library Be It Resolved by the Council Board requesting vacation of the of the City of Dubuque that the alley lying between Bluff and Lo- following application be and the cust Streets from West 11th Street same is hereby approved and it is southerly to the southerly line of ordered that the premises to be City Lot 658A, the Planning and occupied by such applicant shall Zoning Commission recommends be forthwith inspected. to your honorable body that said CLASS "B" PERMIT Petition be granted. Respectfully submitted, Clarence J. Lange (new), 574 East 16th Street. R. V. McIiAY, Passed, adopted and approved Secretary, this .... day of August, 1938. Dubuque Planning and Zoning .................. Commission. Mayor. By H. H. HOWIE .................. Councilman Wharton moved to • • ' ' ' ' ' ' ' refer the recommendation of the ' Planning and Zoning Commission . . . . to the City Council to view the Councilmen. grounds. Seconded by Councilman Attest: • • • • • • "' .. City Clerk. Thompson. Carried by the follow- ing vote: Councilman Murphy moved to Yeas—Mayor Clark, Councilmen refer the resolution to City Mana- for investigation as Murphy, Thompson, Van Duelman, Wharton, ger Rhomberg to sanitary and other conditions. Nays—None. Seconded by Councilman Thomp- the following vote: Resolution No. 68-38 son. Carried by Yeas—Mayor Clark, Councilmen Whereas, application for Class Murphy, Thompson, Van Duelman, "C" beer permit has been sub- Wharton. witted to this Council for approval Nays --None. - cx 461- r, -A- 168 Regular Session, August 1st, 1938 I Resolution No. 70-38 Whereas application for Class "B" Beer Permit has been sub- mitted to this Council for approval and the same has been examined: Ndw, Therefore, Be It Resolved by the Council of the City of Dubuque that the fol- lowing application be and the same is hereby approved and it is or- dered that the premises to be occu- pied by such applicant shall be forthwith inspected. CLASS "B" PERMIT Payson Berg (renewal), 1804 Central Avenue. Passed, adopted and approved this 1st day of August, 1938. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 71-38 Whereas, heretofore applications were filed by the within named applicants for Class "B" Beer Per- mits and they received the ap- proval of this Council; and Whereas, the premises to be oc- cupied by them have been inspect- ed and found to comply with the ordinances of this City and they have filed a proper bond: Now, Therefore, Be It Resolved by the Council Of the City of Dubuque that the Manager be and he is hereby directed to issue to the following named persons a Beer Permit. CLASS "B" PERMIT Payson Berg (renewal), 1804 Central Avenue. William Blum (renewal), 1654 Central Avenue. W. F. Trimpler (transfer of ad- dress from 709 Julien Avenue), 210 West 5th Street. 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 August, 1938, CARL A. CLARK, Mayor. FRANK VAN DUELMAN ALBERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Cleric. Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Resolution No, 72-38 Whereas, heretofore application was filed by the within named ap- plicant for Class "B" Beer Permit and has received the approval of this Council; and Whereas, the premises to be occupied by him has been inspect- ed and found to comply with the ordinances of this City and he has filed a proper bond: Now, There- fore, 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 a Beer Permit. CLASS "B" PERMIT Joseph J. Weiner (new), 709 Julien Avenue. Be It Further Resolved that the bond filed by such applicant be and the same is hereby approved. Passed, adopted and approved this 1st day of August, 1938. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, GEO. R. MURPHY, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Murphy moved the adoption of the resolution. Sec- onded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman. Nays—Councilman Wharton. Resolution No. 73-38 Be It Resolved by the City Coun- cil of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a per- mit to sell cigarettes and cigarette Regular Session, August 1st, 1934 169 papers within said City and the Manager is directed to issue such an oral examination or quiz of each applicant. permit on behalf of said City: That said Crescent Sweet Shop (Mrs, examination or consisted of the Helen Hansel), 1048 Main Street. propoundiquiz ng to each applicant Of twenty-two Be It Further Resolved that the spe- cific questions relative to the juris- bond filed with the application be diction of the police approved. court of the City of Dubuque, and the adminis- Passed, adopted and approved tration of the same, and the en. this 1st day of August, 1938. forcement of ordinances of the City CARL A. CLARK of Dubuque, each member of said Mayor. City Council having before him a FRANK VAN DUELMAN, list of said specific questions and the ALBERT WHARTON, proper answer thereto, to - gether with the rovisions GEO. R. MURPHY, the pin statute applying thereto, andf that y g F. W. THOMPSON, each applicant c cant in said examination Councilmen. was rated by each member of said Attest: J. J. SHF -A, City Council, and that as a result . City Clerk. of said investigation made in con - Councilman Murphy moved the formity with the provisions of the adoption of the resolution. Sec- statute based upon the examina- onded by Councilman Thompson. tion made of said applicants, the Carried by the following vote: undersigned members of the City Yeas—Mayor Clark, Councilmen Council of the City of Dubuque find that qualifications of said Murphy, Thompson, Van Duelman, honorably discharged soldier appli- Wharton. cants, Ray E. Licklider and Walter Nays—None. W. Paisley do not equal the quali- REPORT OF INVESTIGATION OF fications of Louis F. Fautsch, or CITY COUNCIL IN THE MATTER John K. Chalmers and for that rea- OF APPLICATIONS FOR son said City Council of the City POLICE JUDGE of Dubuque refuse the claim to pre- ference and appointment of the The undersigned members of the said Ray E. Licklider and Walter City Council of the City of Du- W. Paisley. buque, Iowa, herewith submit and Dated this first day of August, file their report of investigation of 1938. applicants for the office of police CARL A. CLARK, Mayor. judge of the City of Dubuque, FRANK VAN DUELMAN, Iowa, as follows: ALBERT WHARTON, That pursuant to the provisions GEO. R. MURPHY, of Chapter 60 of the Code of Iowa F. W. THOMPSON, Councilmen. of 1935 and for the reason that Councilman Wharton moved that two of said applicants, namely, the report as read be made a mat - Ray E. Licklider and Walter W ter of record. Seconded by Coun- Paisley claimed preference in ap- cilman Murphy. Carried by the fol- pointment by reason of their being lowing vote: Councilmen honorably discharged soldiers of Yeas—Mayor Clark, Murphy, Thompson, Van Duelman, the War with Germany, the City Wharton. Council of the City of Dubuque in Nays—None. accordance with the provisions of Councilman Thompson moved Fautsch be appointed Section 1161 of the Code of Iowa that Louis F. of Police Judge. Sec - Of 1935, made an investigation as to the office onded by Councilman Wharton. to the qualifications of said honor- Carried by the following vote: ably discharged soldier applicants yeas—Mayor Clark, Councilmen as well as the other applicants for Murphy, Thompson, Van Duelman, said position, and examined the Wharton. r'ay's --None. applications of said applicants and There being no further business Investigated the same, and on July Councilman '_Murphy moved to ad - 20th and July 29th, 1938, made fur- journ. Seconded by Councilman by the follow- ther investigation by personal in- Thompson. Carried terview with each and all of said Ing vote: Councilmen applicants, and by the holding of Yeas—Mayor Clark, 170 Regular Session, August 1st, 1938 Murphy, Thompson, Van Duelman, Wharton. Nays --None. J. J. SHEA, Approved Adopted //,, Attest: ... .r.. City Clerk. /..' 938 City Clerk Board of Health (Official) Special Session, August 1st, 1938. Board met at 9:40 P. M. Present—Chairman Carl A. Clark, Messrs. Geo. R. Murphy, F, W. Thompson, Frank Van Duelman, Al- bert Wharton. .Board of Health, July 26, 1938. Dubuque, Iowa. Gentlemen: We wish to acknowl. edge receipt of your letter of July 13, ordering the Playground and –Recreation Commission to install toilet facilities and a bubbler foun. V tain at the playground located on Industrial Subdivision known as Rafferty's Slough. We wish to advise that this com- mission has no authority to make the improvements ordered, as this property is under the direct con. trol of the City Council. Respectfully yours, PLAYGROUND AND RECREATION COMMISSION. Leo T. Gregory,, Chairman. Mr. Geo. R. Murphy moved that the communication be received and made a matter of record. Seconded by Mr. F. W. Thompson. Carried by the following vote: Yeas—Chairman Carl A. Clark, Messrs. Geo. R. Murphy, 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. Geo. R. Murphy. Carried by the following vote: Yeas—Chairman Carl A. Clark, Messrs. Geo. R. Murphy; F. W. Thompson, Frank Van Duelman, Albert Wharton. Nays—None. J. J. SHEA, Clerk, Board of Health. Adopted V44AKJ/k.J,0.V..1938. . ...... 124L, ... 4�1/Aw CVAI Board of Health �.. .....2 . .... .......... . Attest: ..... ..(... r C1 ,Gard of Health. w '_.:v Special Session, August 11th, 1938 p 1: ity Council (Official) Special Session, August 11th, 1938. Council met at 8:10 P. M. Present -Mayor Clark,. Council- men Murphy, Thompson, Van Duel - man, Wharton, City Manager Rhomberg. Meeting called by order of Coun- cilman Van Duelman and Wharton. Mayor Clark read the call and stated that service thereof had been duly made and that this meet- ing is called for the purpose of con- ducting a public hearing upon the Budget Estimate of Expenditures 171 for the fiscal year beginning April 1st, 1939, and ending March 31st, 1940, as a basis for the tax levy for the year 1938, the same to be, collected in the year 1939, and act- ing on any other business as may properly come before a regular meeting of the City Council. Petition of J. P. Brake, vice presi- dent, Dubuque Association of the Blindr requesting that Warning Signs marked, Blind with White Canes have Right -of -Way, be placed on stop -light posts, where possible, and on each and every approach to the City, presented and read. Councilman Wharton moved to suspend the rules for the purpose of allowing any one present in the BUDGET ESTIMATE AND P,ECORD OF FILING CITY ESTIMATE NOTICE -The City Council of City of Dubuque of Dubuque County, Iowa, will meet August 11th, 1938, at 7:30 P. M., at the Coun- cil Chamber in the City Hall. Taxpayers will be heard for or against the following estimate of expenditures at that time. J. J. SHEA, City Clerk. 1 2 3 4 5 6 7 7,545 m v r yG N O ......,...... 1,830 W y , = °xc N o "m�C . � "�aK 49,761 ti tld Q y e a% I, E U m �:3 M cnx �F0 cd S. c „Cs :3 Cd mp1F rou C� G� d 7 z a, �7 wN rb d ca Cd m`�wa o v�°ka o Edo>. Yo m sato° G+ afiW� gSti Wm00 W OF �zFq WWF Www uenerai ........ p........... p 44,vuu/ A ............. p Improvement 11,900) 258 .............) .............) ......,...... Zui,avu p 3,840 401,1ou 2,457 Grading .......... 9,500) 214 ........... .............) '139,752 7,545 4,102 Sewer .............. 2,000) 83 ........... .............) ......,...... 1,830 1,686 59,458 Light ............ 49,572) 2,121 .......... .............) ............. 49,761 Consolidated Tax ...........$283,752 44,000 -- 239,752 $ 324,582 $ - 325,189 Fire Equipment 12,838 3,171 ........... ............. 12,838 11,074 7,502 Fire Maintenance 116,401 -5,885 ........... ...... I...... 116,401 107,656 102,685 Firemen's Pension ........21,900 8,217 3,585 1,300 17,015 16,836 16,287 Street Cleaning & garbage disposal ...... 35,118 1,085 ........... 18,000 17,118 35,974 40,032 Library ......... 28,113 997 299 1,000 26,814 27,119 181,264 24,740 199,433 Waterworks ..170,450 Park .................. 23,623 17,844 1,604 20,000 150,450 1,650 575 _... ..........- 21,393 212,968 18,360 Policemen's Pension .......... 15,720 1,659 4,689 1,000 10,031 11,309 11,294 286,000 Bond .:.............. 55,976) 29,729 ........... ......,...... 55,976 93,000 Bond Interest.......... 27,011) 27,011 47,414 31,524 57,604 15,117 Emergency...... 34,236 1,181 ........... ............ 34,236 Dock Bond & Interest......... 36,974 5,627 .......... ............. . 36,974 31,104 30,040 11,287 Main Sewer.... 17,118 216 ........... ............. 17,118 13,396 Dock Operating g...... 22,618 4,786 ••••>•••••• 5,500 17,118 38,140 738 2,513 193 Airport 401 ............. ....... ...... .. _..... . Playground & Swim. Pool.... 15,'242 1,541 ........... 2,575 12,667 12,980 10,515 Snow Removal 6,649 • • .... ,.... .......... 5,649 •' ••x,957 ....... ........ LibraryBldg g............. 3,552 .................._......_.. _.__.. _...__ -- _ $1,010,035 $1,158,791 Totals ........$922,739 $64,738 $30,223 $224,400 $668,116 Estimated taxes per $1,000.00 of assessed value, $19.511. $33,438,291 Adjusted Taxable Valuation (1937) .................................. 8,551,677 Moneys and Credits (1937) at 6.00 mills ................. .• • " ""' 184,375 Moneys and Credits (1937) at 2.00 mills ....... •.••• • •••••.• .••• ............. 172 Special Session, Council Chamber, who wishes to do so, to address the Council•. Sec- onded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Mr. J. P. Brake addressed the Council requesting that the prayer of the petition be granted. Councilman Van Duelman moved that the request be granted. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Proof of publication, certified to by the publishers, of the notice of public hearing upon the Budget Ex- penditures for the fiscal year be- ginning April 1st, 1939, and end- ing March 31st, 1940, as a basis for the tax levy for the year 1938, the same to be collected in the year 1939, presented and read. Councilman Wharton moved that the proof of publication be re- ceived and filed. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. No written objections to the Bud- get Estimate of Expenditures for the fiscal year beginning April 1st, 1939, and ending March 31st,, 1940, were filed and no objectors were present in the Council Chamber. Resolution No. 74-38 Whereas, the Council of the City of Dubuque caused to be prepared and published, as provided by law, the Budget Estimate of Expendi- tures for the fiscal year 1939, and the hearing upon said Budget Esti- mate was fixed for the 11th day of August, 1938, at 7:30 P. M., at the Council Chamber in the City Hall; and Whereas, this being the time and Place set for said hearing, said Bud- get Estimate was taken up for final consideration by the Council and all taxpayers have been given an opportunity to be heard for or against said Budget Estimate. It is therefore resolved by the City Council of the City of Du- buque, Iowa: That the Budget Estimate of Ex- penditures for 1939 heretofore pre- pared and published be and the same is hereby finally approved and adopted and the Mayor and Clerk are directed to certify the same to the County Auditor of Dubuque August 11th, 1938 County, Iowa, together with the verified proof of publication and the notice of hearing upon said Bud- get Estimate. Be it further resolved that the taxes required to be collected in the year 1939 be and the same are hereby levied in the various funds in the amounts shown in said Bud- get Estimate. Passed, adopted and approved this 11th day of August, 1938. 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. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 75-38 A resolution establishing the tax levies for the year 1938, the taxes to be collected in the year 1939 and used for Municipal purposes of the City of Dubuque. Be it resolved by the City Coun. cil of the City of Dubuque that there be and there is hereby lev- led the taxes for Municipal purpos. es for the ensuing year 1939 of the following number of mills on the dollar of all taxable property within the corporate limits of said City: 7.000 mills for Consolidated Tax as provided for by Section 6217 of the Code of Iowa,. 1935. 0.789 mills for Bond Interest Fund. 1.635 mills for Bond Retirement Fund. 3400 mills for Fire Maintenance Fund. 0.375 mills for Fire Equipment Fund. 0.500 mills for Garbage and Street Cleaning Fund. 0.625 mills for Park Fund. 0.293 mills for Police Pension Fund. 0.497 mills for Fire Pension Fund. 0.782 mills for Library Fund. 0.500 mills for Main Sewer Fund. 0.370 mills for Playground and Swimming Pool Fund. 0.500 mills for Dock Fund. 1.080 mills for Dock Bond and In- terest Fund. 0.165 mills for Snow Removal Fund. 1.000 mills for Emergency Fund. Special Session, August 11th, 1938 17 the date for the issuance bonds Be it further resolved that 2.032 dollar is hereby mills on the lev- of by the city as follows: led upon all lots or parcels of land ten acres or more which e F ty-five- Thousand Dollars 5n1 �D 0, 00� containing in faith and bonds for the purpose are occupied good used of funding a like amount for agricultural or horticultural pur- . of indebt- edness of the city evidenced by poses, Be it further resolved that all. a judgment obtained against the city in the District Court in property within the corporate lim- and for Dubuque County, Iowa. its of said City is hereby deter- Notice of appeal from the mined to receive benefits from each deci- sion of the City Council to of the said tax levies. issue said bonds was filed as by law Be it further resolved that the provided. Mayor and Clerk be and they are Therefore, on July 15, 1938, the hereby directed to certify the sums entire records were certified to the Of money that the said tax levies State Comptroller by the city clerk will produce, as shown by the Bud- as provided by Section 365 of the get Estimate of Expenditures adopt- Code. Subsequent to said appeal ed by this Council on the 11th day and in accordance with Section of August, 1938, to the Auditor of 365 of the codex due notice was Dubuque County on or before Aug- given the Mayor and the first five ust 15th, 1938. objectors of a public hearing to be Passed, adopted and approved held on Tuesday, August 2, 1938, this lith day of August, 1938. at 2:00 P. M., at the City Hall, CARL A. CLARK, Dubuque, Iowa, said notice being Mayor. mailed July 22, 1938. FRANK VAN DUELMAN, Pursuant to the above mentioned ALBERT WHARTON, notice a hearing was conducted by GEO. R. MURPHY, the State Comptroller at the speci- F. W. THOMPSON, fled time and place to hear evi- Councilmen, dente for and against the issuance Attest: J. J. SHEA, of said bonds. City Clerk. It appears from the evidence and Councilman Thompson moved the record submitted that the holders adoption of the resolution. Second- of certain warrants and bonds of ed by Councilman Murphy. Car- the city have secured a judgment ried by the following vote: in the District Court of Dubuque Yeas—Mayor Clark, Councilmen County which now constitutes a Murphy, Thompson, Van Duelman, general debt obligation of the city. Wharton. It is for this reason that the city Nays --None. council proposes to issue funding Councilman Van Duelman moved bonds to pay or satisfy this judg- that the Council rescind their ac- ment duly ordered by the District tion taken at the meeting of July Court. 12th, 1938, in ordering Resolution At the hearing before the State No. 56-38, Resolution to authorize Comptroller none of the objectors, the issue of $55,000 Funding Bonds or their representatives, appeared of the City of Dubuque placed on in defense of their petition which file with the City Clerk for public brought about the appeal. inspection for at least one week as All procedure had and all evi- required by law. Seconded by dente submitted for or against the Councilman Wharton. Carried by proposed issuance of the bonds has the following vote: been given careful consideration. Yeas—Mayor Clark, Councilmen The Comptroller finds that said Murphy, Thompson, Van Duelman, bonds are being issued according Wharton. to law, that all proceedings seem Nays—None. to be. in proper form, and arrange - ments made for the payment of the OFFICE OF STATE COMPTROLLER bonds. I am, therefore, approving the issuance of funding bonds by Department of Public Contracts. and Bonds the city of Dubuque, Iowa, in the the objec- In the matter of an sum of $55,000.00 and tions of the appellants to the is, appeal to the State of saidBM bonds are ov Comptroller from the suance rruled. decision of the Coun- Decision State Comptroller. cil of the City of Du- of buque, Iowa, to issue Comptroller n s, Iowa Des Moines, funding bonds of said August 1938- A Murphy moved that city in the sum of $55,000.00. Councilman the decision of State Comptroller The City Council of Dubuque, C. B. Murtagh be made a matter Seconded by Council- Iowa, designated July 12„ 1938, as of Record. 174 Special Session, August 11th, 1938 man Thompson. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, ThompsonA Van Duelman, Wharton. Nays—None. Resolution No. 56-38 Resolution to authorize the issue of $55,000 Funding Bonds of the City of Dubuque, presented and read. Councilman Van Duelman moved that the resolution be filed in the office of the City Clerk for public Inspection as required by law and that said resolution be considered for final passage and adoption on the 18th day of August, 1938. Sec- onded by Councilman Wharton. Cart'ied by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Notice of Claim of Victor Nelson in the amount of $300 for damages caused to his garage caused by water flooding over his property during the rainstorm of June 14th, 1938, presented and read. Councilman Van Duelman moved to refer the Notice of Claim to the City Solicitor. Seconded by Coun- cilman Thompson. Carried by the fallowing vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Communication of Dubuque Trades and Labor Congress re- questing that a full crew be main- tained at all times on the Fire De- partment especially No. 6 Station located on R•homberg Avenue, pre- sented and read. City Manager Rhomberg advised Council that all Fire Stations are now fully manned. Councilman Murphy moved that the communication be received and filed. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas --Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of J. F. Hickey et al re- questing the opening and grading Of a street from the corner of Langworthy and James Streets eastward approximately one block and a half to the south line of Car- diff street, presented and read. Mr. Thomas H. Callahan ad- dressed the Council requesting that the prayer of their petition be granted and further requesting that the Council view the grounds of this proposed street. . Councilman Wharton moved to refer the petition to the Council to view the grounds. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of Donald Cupps et al requesting that St. Ambrose street from Seminary street to the bot- tom of the hill be improved with crushed rock and that the water pipe be cleaned out and extended through Lots 72 and 73, presented and read. Mr. Alfred Rehfeldt addressed the Council requesting that the prayer of their petition be 'granted. Councilman Wharton moved to refer the petition to to the Council to view the grounds. Seconded by Councilman Van Duelman. Car- ried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays --None. Petition of Mrs. Anna Peter et al requesting that Hazel Street be improved with crushed rock to its full length, presented and read. Mrs. Anna Danner addressed the Council requesting that the prayer of their petition be granted and further requesting that the Coun- cil view the grounds. Councilman Murphy moved to re- fer the petition to the Council to view the grounds. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of James E. Shortell et al, property owners abutting the alley between Bluff and Locust streets from Tenth to Eleventh streets, remonstrating against the proposed petition requesting the closing of said alley at Eleventh street, presented and read. Councilman Wharton moved to refer the petition to the Council. Seconded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of St. John the Baptist Parish of Peosta, Iowa, requesting Permission to erect a banner across Main Street just south of 9th street and maintain it from Special Session, A August 27th to September 5th, pre- sented and read. Councilman Van Duelman moved that the request be granted. Sec- onded by Councilman Murphy. Car- ried by the following vote: yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of Kretschmer Insur. ance Agency requesting the release of the Excavation Bond of George F. Pinski as said bond had expired as of June 12th, 1938, presented and read. Councilman Thompson moved that the request be granted provid- ing that all excavations are pro- perly taken care of. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of C. C. Simpson, Sec- retary of Dubuque Chamber of Commerce, requesting that all ap- plicants for peddlers license dur- ing the period of August 17th to 21st be referred to them in order that they may get some revenue from the sale of their commodities, presented and read. Councilman Murphy moved that the petition be referred to the City Manager to take up this matter with the Centennial Committee and that licenses be issued upon their approval. Seconded by Coun- cilman Van Duelman. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of C. C. Simpson, Sec- retary of Dubuque Chamber of Commerce, requesting permission to place a large cloth banner across the south side of the street Intersection at Fourth and Main Streets, presented and read. Councilman Van Duelman moved that the request be granted. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of Mary L. Lee et al property owners on West Locust street, calling the attention of the Council to the menace to public health applying because of the "backing -up" of sewers into their premises, due to the overtaxing of the sewer by permitting an ex- st 11th, 1938 175 — -- tension outside of the City Limits, presented and read. Councilman Wharton moved to refer the petition to the City Mana- ger for investigation and report. Seconded by Councilman Van Duel. Pan. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of W. J. Kieler et al requesting that action be taken to improve the surface (by tar or oil), of the two blocks, 1000 to 1200 Rush street, which were regraded but not oiled last summer, and that if requested improvement is made that same be done without any expense on the taxpayers on Rush street, presented and read. Councilman Murphy moved to re- fer the petition to the Council to view the grounds. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. August 10, 1938. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I am submitting herewith reports of the City Auditor, City Treasurer, and City Water Department for the month of July, 1938, also a list of claims and list of payrolls for rwhich warrants were drawn during the month of July, 1938. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Wharton moved that the reports be received and placed on file. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. 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 June, 1938, presented and read. moved that Councilman Murphy the proof of publication be received Council- manfiled. Seconded by the fol - man Wharton. Carried by lowing vote: Yeas—hompsonr k, Councilmen Murphy, , TVan Duelman, Wharton. Nays—None. 176 Special Session, August 11th, 1938 Council Proceedings for the month of June, 1938, presented for approval. Councilman Thompson moved that the Council Proceedings for the month of June, 1938, be ap- proved as printed. Seconded by Councilman Van Duelman. Car- ried by the following vote: Yeas—Mayor Clerk, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. August 11, 1938. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the session of the City Coun- cil held August 1, 1938, the petition of G. H. Atkinson, et at, requesting the extension of electric service to their residences on Maple Island on the same basis as all the homes In the city was referred to me for investigation and report. I have contacted the Interstate Power Company officials, who re- port that they are prepared to prove that they would not be equit- ably compensated on the basis re- quested because of (1) the expense involved in extending the distri- bution system a considerable dis- tance; (2) the limited revenue to be derived; (3) the fact that the revenue would not be stable since most of the petitioners are tenants and high river stages would fur- ther limit occupancy of the resi- dences. Section 5 of the Electric Fran- cbise Ordinance provides: "The City of Dubuque reserves the right to make all reasonable and proper Police regulations concerning the operation and construction of said distributing system, and to order reasonable and proper extension of service, and to require said com- pany, subject to reasonable rules and regulations, to furnish any person or corporation applying therefor anywhere along the sys- tem with electrical current for heat, light, power or other pur- poses." The question in the instant case IS: Can the extension requested be deemed reasonable and proper if the resulting revenue does not economically justify the proposed expenditure? In my opinion, it can- not be so construed. In view of the foregoing, I re- commend to your Honorable Body that the petition be denied unless the petitioners can show that the revenue would be compensable or failing that, are prepared to under- write some of the construction ex- pense. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Van Duelman moved to refer the recommendation of City Manager Rhomberg to the Council for further consideration. Seconded by Councilman Murphy. Carried by the followIng vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. August 11, 1938. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the meeting of the City Coun- cil held June 30, 1938, the petition of Charles Miller requesting the vacation of Charles Street and at the Meeting of July 12, 1938, the petition of Wilbert Lange, et at, protesting against the vacation of Charles Street and requesting that the alley between Broadway Exten- sion and Muscatine Street be kept open on the southerly end were re- ferred to me for an investigation and report. I find, upon examination, that the requests of both the petitioners and the objectors can be accomp- lished by vacating Charles Street from the westerly line of Broadway Extension to the easterly line of the. alley and vacating from the westerly line of the alley to the easterly line of Muscatine street. If this were done, the alley lying between Broadway Extension and Muscatine Street would !be open from Putnam Street to Gay Street and no property owners would be inconvenienced. It is not likely that any homes will be built facing these portions of Charles Street because the lots front either onto Broadway Extension or onto Mus- catine Street. I recommend that your Honor- able Body refer the matter to the Planning and Zoning Commission for their investigation and report. The objectors have asked further that a street be put through as a W.P.A. project connecting Broad- way Exteusion and Muscatine Street. The improvement of Gay Street from Broadway Extension to Muscatine Street is included in our present W.P.A. street program. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Wharton moved that the recommendation of City Mana- ger Rhomberg be approved and the Special Session, August 11th, 1938 177 ,matter be referred to the Planning turn until such time and Zoning Commission for their as the put, their property to other recommendCouncil ion andreport. use, Lawndale is either om son. onded by P extended or con- netted with some other Carried by the following vote: street. I, therefore, Yeas—Mayor Clark, Councilmen recommend that the City avail itself of such temporary Murphy, Thompson, Van Duelman, easement and proceed to Wharton. construct a suitable turn around at the north Nays—None. August 11, 1938. end of the present improved part of Lawndale. To the Honorable Mayor Respectfully submitted, and City Council, A. A. RHOMBERG, Dubuque, Iowa. City Manager. Gentlemen: Councilman Wharton moved that At the meeting of the City Coun- the recommendaton of City Mana- cil held on July 12, 1938, the peti- ger Rhomberg be approved. Sec- tion of Mr. and Mrs. Ed. Kuehnle, onded by Councilman Van Duel - et al, requesting the placing of an man. Carried by the following electric street light opposite No. vote: 505 Angella Street was referred to Yeas --Mayor Clark, Councilmen me for investigation and report. Murphy, Thompson, Van Duelman, I find that the chief difficulty is Wharton. because of overhanging trees and Nays—+None. further that the light at the top of August 11, 1938. the hill at the intersection of An- To the Honorable Mayor gella and Catherine Streets is on and City Council, the extreme north point of the Dubuque. Iowa. crossing. The owners of the trees Gentlemen: which overhang have indicated At the session of the City Coun- their willingness to have the cil held August 1, 1938, the appli- offending branches trimmed out cation of Clarence J. Lange for a and I recommend that the neces. Class "B" Beer Permit at 574 East sary tree trimming be done and 16th Street was referred to me for that the street light at the corner an investigation as to sanitary and of Angella and Catherine Streets other conditions. be placed so as to hang over the On August 4th I went over the center of the intersection, situation with Dominick Gala, the Respectfully submitted, owner of the property, and he A. A. RHOMBERG, agreed to put in a septic tank for City Manager. the disposal of the sanitary sew - Councilman Murphy moved that age. The tank has since been built the recommendation of City Mana- and was connected to the building ger Rhomberg be approved. Sec- on August 10th. The building was onded by Councilman Van Duel- formerly occupied by the tavern of man. Carried by the following Edward J. Duccini and is in the vote: same -general condition, with the Yeas—Mayor Clark, Councilmen exception of the septic tank, as Murphy, Thompson, Van Duelman, when he operated there, before Wharton, moving to another location. Nays—None. Respectfully submitted, August 11, 1938. A. A. RHOMBERG, To the Honorable Mayor City Manager. and City Council, Counciman Murphy moved that Dubuque, Iowa. the communication of City Mana- Gentlemen: ger Rhomberg be made a matter At the session of the City Coun- of record. Seconded by Council - CII held May 20, 1938, the petition ,man Thompson. Carried by the fol - Of William F. Hein et al requesting lowing vote: a turn around at the north end of Yeas—Mayor Clark, Councilmen Lawndale was referred to the Murphy, Thompson, Van Duelman, Council to view the grounds. Fol- Wharton. lowing this the Council and Mana- Nays—None. ger viewed the grounds and de- Resolution No. 76-38 tided on the need for such a turn Whereas, the Planning and Zon- around because of the narrow ing Commission of the City of Du' this width of Lawndale and the fact that it is a'dead end street. Since buque has recommended to Council that the Zoning Ordinance that I have contacted the Voelker be amended and changed in the Realty Company and they have following respects: Section agreed to grant a temporary ease- Section I. By amending Zoning Ordi- went to the' city for such suitable 1 of Article IV of said 178 Special Session, August 11th; 1938 nance relating to use regulations of multiple Residence Districts as follows: (a) By striking from paragraph (I) of said Section 1 all of said paragraph and inserting in lieu thereof the following: "(i) Funeral Home and Mortuary within the following designated Multiple Family Districts in the area bounded by the north proper- ty line of Dodge Street and the north property line of the north side of Seventeenth and West Sev- enteenth Streets, and by the west property line of the west side of Bluff Street and the east property line of the lots adjacent to and abutting the easterly side of Cen- tral Avenue." (b) By adding to said Section 1, paragraph (j) as follows: "(j) Accessory uses on the same lot customarily incident to any of the above permitted uses." Section 2. By amending Section 1 of Article V of said Zoning Ordi- nance, relating to use regulations of Local Business Districts as fol- lows: (a) By striking from said Sec- tion 1 all of paragraph (g) as fol- lows: "(g) Funeral Home or Mortu- ary." (b) By changing the designation of paragraph (b) of said Section 1 to read paragraph "(g)" and the designation of paragraph (i) of said Section to read paragraph „(h)„ and Whereas, before said Zoning Or- dinance and regulations thereof can be thus amended and changed it is necessary that a public hearing be held thereon: Now, therefore, Be it resolved by the City Coun- cil of the City of Dubuque, that the Clerk be, and he is hereby di- rected to cause to be published in the official newspaper of the City Of Dubuque, a notice of a public hearing to be held by this, council upon the proposed changes and modifications, the date of said, meeting being hereby fixed at 7:30 o'clock P. M. on the 30th day of August, 1938, and to be held in the Council Chamber in the City Hail, at which meeting all parties III interest and citizens shall have an opportunity to be heard, said notice to be published at least 15 days before the date of said pub- lic hearing. Passed, adopted and approved this 11th day of August, 1938. 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. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman,. Wharton. Nays—None. Resolution No, 69-38 Whereas, application for Class "B" Beer Permit has been submit- ted 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 applicant shall be forthwith inspected. CLASS "B" PERMIT Clarence J. Lange (new), 574 East 16th Street. Passed, adopted and approved this 11th day of August, 1938. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, 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 Thompson. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman. Nays—Councilman Wharton. Resolution No. 77-38 Whereas, application for Class "B" Beer Permit has been sub- mitted 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 applicant shall be forthwith inspected. CLASS "B" PERMIT Wm. J. Clesen (new), 1097 Jack- son Street. Special Session, j Passed, adopted and approved this lith day of CARL AACL AI'K 938. Mayor. FRANK VAN DUELMAN, GEO. R. MURPHY, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman. Nays—Councilman Wharton. Resolution No. 78-38 Whereas, heretofore applications were filed by the within named applicants for "B" Beer Permits and they received the approval of this Council; and Whereas, the premises to be oc- cupied by them have been inspect- ed and found to comply with the ordinances of this City and they have filed a proper bond: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the Manager be and he is hereby directed to issue to the following named persons a Beer Permit. CLASS "B" PERMIT Clarence J. Lange (new), 574 Wm. J. Clesen (new), 1097 Jack- son Street. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 11th day of August, 1938. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, 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 Murphy, Thompson, Van Duelman. Nays—Councilman Wharton. Resolution No. 79-38 Whereas, applications for Class "B" Beer Permits have been sub- mitted to this Council for approval and the same have been examined: Now, Therefore, Be It Resolved by the Council Of the City of Dubuque that the following applications be and the same are herehv nnnrnv#.d and it august 11th, 1938 179 is ordered that the premises to be Occupied by such applicants shall be forthwith inspected. CLASS "B" PERMIT John A. Hochberger (renewal), 1701 Asbury Street. Wm. Tharp (renewal), 2403 Cen. tral Avenue. Wm. C. Miller (renewal), 35 West 4th Street. Vern Okey (transfer of address from 431 Rhomberg), 500 East 22nd Street. George Berwick (transfer of ad. dress from 265 Main), 400 Iowa Street. Passed, adopted and approved this 11th day of August, 1938. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Van Duelman. Carried by the following vote: Yeas --Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 86-38 Whereas, heretofore applications were filed by the within named applicants for "B" Beer Permits and they received the approval of this Council; and Whereas, the premises to be occupied by them have been in- spected 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 John A. Hochberger (renewal), 1701 Asbury Street. Wm. Tharp (renewal), 2403 Cen- tral Avenue. Wm. C. Miller (renewal), 35 West 4th Street. George Berwick (transfer Iow f address from 265 Main), Street. Be It Further Resolved l tthnt the he bonds filed by such app roved. and the same are hereby app .0m 180 Special Session, August 11th, 1938 Passed, adopted and approved this 11th day of August, 1038. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Murphy moved the adoption of the resolution. Sec- onded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Ordinance No. 19-38 An Ordinance amending an ordi- nance entitled Ordinance No. 9-35. "An Ordinance providing for the Issuance of Class "B" and Class "C" Beer Permits, and for the revo- cation of the same; fixing permit fees; prescribing rules and regula- tions governing the operation of places where beer is sold and con- sumed pursuant to such permits; restricting dancing and providing a license therefor; repealing all ordi- nances heretofore enacted govern. ing this subject; providing a pen- alty for violation hereof; and de. claring an emergency," by the in- sertion in, and addition to, the title of said ordinance of a phrase or clause providing for and covering the limitation of Class "B" permits to be issued; and by the insertion in and addition to said ordinance Of Paragraph 493A, providing for a limitation upon the issuance of Class "B" permits, presented and read. Councilman Van Duelman moved that the reading just had be con- sidered the first reading of the ordinance. Seconded by Council- man Wharton. Carried by the fol. lowing vote: Yeas—Mayor Clark, Councilmen Murphy, 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 Murphy. 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 b con- sidered n- sidered the second reading of the ordinance. Seconded by Council. man Murphy. Carried by the fol- lowing vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Ordinance No. 20-38 An ordinance granting to Clifton B. Trewin, fee owner, and Ellis Tindell purchaser of contract, their heirs and assigns, the right to construct and maintain a porch and steps in the alley in the rear of Lot Twenty-five (25) of G. W. Rogers Subdivision to the City of Dubuque, Iowa; and prescribing the conditions of said permit, pre- sented and read. Councilman Van Duelman moved that the reading just had be con- sidered the first reading of the ordinance. Seconded by Council- man Thompson. Carried by the following vote: Yeas --Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, 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: 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 con- sidered the second reading of the ordinance. Seconded by Council- xnan Wharton. Carried by the fol- lowing vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Ordinance No. 21-38 An ordinance granting to Kath- erine W. Bradley, owner, and An- drew D. Karigan, lessee, their heirs or assigns, the right to construct and maintain an unloading plat- form in the alley -abutting City Lot Twenty-flve .(25) in the town (now J3lty) .o€ Dubuque, Iowa; and pre- scribing the conditions of said per- mit, presented and read. . Councilman Van Duelman moved that the reading just had be con- sidered the first reading of the ordinance. Seconded by Council- man Thompson. Carried by the following vote: Special Session►, August 18th, 1938 181 Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, citycouncil VVharton. Nays—None. (Official) Councilman Van Duelman moved Special Session, August 18th, that the rules be suspended requir- 1938, ing an ordinance to be read on Council met at 8:05 P. M. three separate days. Seconded by Present—Mayor Clark, Council - Councilman Wharton. Carried by men Murphy, Thompson, Van Duel. the following vote: man, Wharton, City Manager Yeas—Mayor Clark, Councilmen Rhomberg. Murphy, Thompson, Van Duelman, Meeting called by order of Conn. Wharton. cilmen Van Duelman and Wharton. Nays—None. Mayor Clark read the call and The ordinance was then real a stated that service thereof had been duly made and that the second time. Councilman Van Duelman moved meet - ing is called for the purpose of that the reading just had be con- considering for final• passage and sidered the second reading of the adoption Resolution No. 56-38. Resolution to authorize the issue ordinance. Seconded by Council- man Wharton. Carried by the fol- of $55,000 Funding Bonds of the lowing vote: City of Dubuque," said resolution Yeas—Mayor Clark, Councilmen having been introduced and order - ed placed on file in the office of Murphy. Thompson, Van Duleman, the City Clerk for public inspection Wharton. Nays—None. as required by law on August 11th, 1938, and acting on any other busi- Councilman Murphy moved that ness as may properly come before the bill of Iowa League of Munici- a regular meeting of the City Coun- palities in the amount of $80.00 cil. for membership dues in said Dubuque, Iowa, League from August 1st, 1938, to August 17th, 1938. August 1st, 1939, be allowed and To Carl A. Clark, Mayor. that a warrant in the amount of You are hereby directed to call $80.00 be ordered drawn on the a Special. Meeting of the City Coun- City Treasurer in favor of Iowa cil of the City of Dubuque, Iowa, League of Municipalities to cover to be held at the Council Chamber the amount of said bill. Seconded in the City Hall on Thursday, Aug - by Councilman Thompson. Carried ust 18th, 1938, at 7:30 P. M. for by the following vote: the purpose of considering for final Yeas—Mayor Clark, Councilmen passage and adoption Resolution Murphy, Thompson, Van Duelman, No. 56-38. "Resolution to auth- Wharton. orize the issue of $55,000 Funding Nays—None. Bonds of the City of Dubuque," said There being no further business resolution having been introduced Councilman Thompson moved to and ordered placed on file in the adjourn. Seconded by Councilman office of the City Clerk for public Murphy. Carried by the following inspection as required by law on vote: August 11th, 1938, and acting on Yeas—Mayor Clark, Councilmen any other business as may pro - Murphy, Thompson, Van Duelman, perly come before a reguuar meet - Wharton. ing of the City Council. Nays—None. FRANK VAN DUELMAN, J. J. SHEA, ALBERT WHARTON, City Clerk. Councilmen. Resolution No. 56-38 Approved �! 7, 1938. Resolution to authorize the is- Adopted 7,/1938. sue of $55,000 Funding Bonds of the City of Dubuque. Whereas, the City of Dubuque, Dubuque, and •� ••• ••••• P in the County of Stat of Iowa, has outstanding subsisting in- P P G dl binding and debtedness to an amount of not $55,000 evidenced by a ........................•.......••••• �...... ...... ss than judgment rendered against the ssaid City in all respects duly, p P y the proper and legally issued ny and Attest:.... ..... ... ..... .... court and now outstanding; Whereas there are no funds with said indebtedness to City Clerk. which to pay 182 Special Session, august 18th, 1938 an amount of not less than $55,000; and Whereas, it is deemed for the best interests of said city that the indebtedness thereof, evidenced by said judgment aforesaid, in the amount of not less than $55,000 be settled, adjusted, renewed, extend- ed and funded, and that Funding Bonds of said city be issued there- for; and Whereas, notice of the proposed action of this Council to institute proceedings for the issuance of the bonds hereinafter authorized was duly published on the 1st day of July, 1938, in the Telegraph -Herald, a newspaper of general circulation within said city, as required by Sec- tion 363, Chapter 23, Code of Iowa, and on the 12th day of July, 1938, a petition signed by more than five taxpayers of said city was filed ob- jecting to such proposed *action; and Whereas, pursuant to law, a hear- ing was conducted by the State Comptroller to hear evidence for and against the issuance of said bonds, and said State Comptroller has now found that said bonds are being issued according to law and overruled the objection to the issu- ance of said bonds; Now therefore, Be it resolved by the City Coun- cil of the City of Dubuque, in the County of Dubuque, State of Iowa, as follows: Section 1. That for the purpose Of settling, adjusting, renewing, ex- tending and funding said legal, binding and subsisting indebted- ness of said city now outstanding and evidenced by a judgment ren- dered against said city to an amount of not less than $55,000, there are hereby authorized and ordered issued the negotiable cou- pon bonds of said City of Dubuque, in the County of Dubuque, State of Iowa, to the amount of $55,090. Section 2. That the bonds by authorized and ordered issued be denominated "Funding Bonds," be dated June 10, 1938, be num- bered consecutively from One (1) to Fifty -Five (55), both numbers included, be of the denomination of $1000 each, and become due and Payable in their numerical order as follows: $20,000 on June 1, 1942; $10,000 ' on June 1, 1945-' $10,000 on June 1, 1946; $15,000 on June 1, 1947. That such bonds bear interest at the rate of three and one-quarter Per centum (3%%) per annum, pay- able semiannually on the first day of June and December of each year and at maturity. That the inter- est be evidenced by proper coupons attached to each of said bonds and that both principal and interest be payable at the office of the City Treasurer in and of the City of Dubuque, Iowa. Section 3. That each of said bonds be subject to registration as to principal in the name of the holder on the books of the City Treasurer, such registration being noted upon each bond so registered, and after such registration, pay- ment of the principal thereof shall be made only to the registered holder. Any bonds so registered, upon the request in writing of such holder, personally or by attorney in fact, may be transferred either to a designated transferee or to bear- er, and the principal of any bonds so transferred and registered to bearer shall thereupon be and be- come payable to bearer in like man- ner as if such bond had never been registered. Registration of any bonds as to principal shall not re- strain the negotiability of the cou- pons hereto attached by delivery merely. Section 4. That said bonds, cou- pons and provisions for registra- tion shall be in substantially the following form: (Form of Bond) UNITED STATES OF AMERICA STATE OF IOWA, COUNTY OF DUBUQUE CITY OF DUBUQUEi FUNDING BOND No ..................... $1000 The City of Dubuque, in the County of Dubuque, and State of Iowa, for value received promises to pay to bearer, or if this bond be registered to the registered hold- er hereof, One Thousand Dollars ($1,000.00) lawful money of the United States of America, on the first day of June, 19......, with in- terest on said sum from the date hereof until paid at the rate of three and one-quarter per centum per annum, payable semi-annually on the first day of June and De- cember of each year, on presenta- tion and surrender of the interest coupons hereto attached. Both principal and interest payable at the office of the City Treasurer in and for the City of Dubuque, Iowa; and for the prompt payment of this bond, both principal and interest at maturity, the full faith, credit and resources of said city are here- by irrevocably pledged. This bond is issued by the City of Dubuque for the purpose of fund- ing a like amount of legal, bind- ing and subsisting indebtedness, evidenced by a judgment in all respects duly, legally and properly Issued and outstanding at the date Special Session, August 18th, 1938 183 of the passage of the resolution hereinafter mentioned, pursuant to the provisions of Sections 6252 et seq., Chapter 320 of the Code of Iowa, and in conformity with a res- olution of the Council of said city duly passed on the........................day Of July, 1938. And it is hereby ceTtifled and re- cited: That all the acts, conditions and things required by the laws and constitution of the State of Iowa, to be done precedent to and in the issue of this bond, have been properly done,, happened and been performed in regular and due form as required by law, and that the total indebtedness of said city, in- cluding this bond, does not ex- ceed the constitutional or statutory limitations. This bond is subject to registra- tion as to principal in the name of the holder on the books of the City Treasurer of said city, such registration to be evidenced by no- tation of said Treasurer on the back hereof, and after such regis- tration, no transfer hereof, except upon such books and similarly not- ed hereon, shall be valid unless the last registration shall have been to bearer. Registration here- of shall not affect the negotiability of the coupons hereto attached, which shall continue negotiable by delivery merely. In Testimony Whereof, said city, by its Council, has caused this bond to be signed by its Mayor and at- tested by its City Clerk, with the seal of said city affixed and the coupons hereto attached to be exe- cuted with the facsimile signature of said Mayor and City Clerk, which officials, by the execution of this bond, do adopt as and for their proper signatures their respective facsimile signatures appearing on said coupons, all as of tenth day June, 1938. ........................................................ .Mayor of the City of Dubuque, Ia. Attest: .................................................. . City Clerk of Dubuque, Ia. (Form of Coupon) DUBUQUE, IOWA No................. ................ On the first day of ........................ 19......, the Treasurer of the City of Dubuque, Dubuque County, Iowa, Will pay to bearer ............................... . . ........ Dollars at the office of the City... Treasurer, Dubuque, Iowa, for in- terest due that date on its Funding Bond, dated June 10, 1938, No. Mayor of the City of Dubuque, Ia. Attest: . City Clerk of Dubuque, Ia. (Form of Registration of Ownership) Name of Date of Registered Signature Registration Owner of Treasurer .......... .......... On the back of each bond there shall be entered a certificate of the City Treasurer in the following form: (Form of City Treasurer's Certificate) City Treasurer's Certificate The issue of this bond has been duly and properly registered in my Office as of the tenth day of June, 1938. ...................................................... Treas. of the City of Dubuque, Ia, Section 5. That such bonds shall be signed by the Mayor and attest- ed by the City Clerk, with the seal of said city affixed. The interest coupons attached thereto shall be signed and attested by the facsim- ile signatures of the Mayor and City Clerk. After being executed as above provided, said bonds shall be delivered to the Treasurer of said city to be by him registered as provided by Section 6256, Code of Iowa, and said Treasurer shall sign the certificate hereinbefore set out and endorsed upon the back of each of said bonds and he shall thereupon deliver said bonds to the White -Phillips Corporation, of Dav- enport, Iowa, in exchange for said judgment, and simultaneously with the delivery of said bonds, said out- standing judgment, herein proposed to be funded, shall be cancelled, the intention being to change but not to increase the indebtedness of said city. Section 6. That in order to pro- vide for the collection of a direct annual tax sufficient to pay the in- terest on such bonds as it falls due, and also to pay and discharge the principal thereof at maturity, there be and there is hereby levied upon all the taxable property with- in said city, in each year while any of said bonds are outstanding, a direct annual tax sufficient for that purpose, and that there be and there is hereby levied upon alltax- able property within said city a tax sufficient to raise the following sums for the following years, to - wit: For the year 1938 the sum of $2,636.57 for interest; For the year 1939 the sum of $1,787.50 for interest; For the year 1940 the sum of $1,787.50 for interest; For the year 1941 the sum of In 184 Special Session, August 18th, 1938 $21,462.50 for interest and princi- Yeas—Mayor Clerk, Councilmen pal; Murphy, Thompson, Van Duelman, For the year 1942 the sum of Wharton. $1,137,50 for interest; Nays—None. For the year 1943 the sum of Communication of International $1,137.50 for interest; Brotherhood of Electrical Workers For the year 1944 the sum of extending thanks to the City Coun- $10,975.00 for interest and princi- cil for the co-operation extended to Pal; them during the Beckman -eery For the year 1945 the sum of Shows, presented and read. $10,650.00 for interest and princi- Councilman Thompson moved to pal; For the year 1946 the sum of receive and file the communica- tion. Seconded by Councilman $15,243.75 for interest and princi- Van Duelman. Carried by the fol - pal. lowing vote: Said taxes when collected shall Yeas—Mayor Clark, Councilmen be converted into a special fund Murphy, Thompson, Van Duelman, for the payment of principal and Wharton. Interest of the bonds hereby auth- Nays—None. orized and for no other purpose Communication of Kretschmer whatsoever. Insurance Agency requesting that That the principal or interest coming due at any time when there the attached blank Certificate of Audit covering the Bond of former are not sufficient funds on hand to pay the same be promptly paid City Manager R. M. Evans be com- when due from current funds on pleted by the proper Party, pre - sented and read. hand, and reimbursement be made to such current funds in the sums Councilman Thompson moved thus advanced when the taxes here- that the request be granted and In provided shall have been col- the Mayor authorized to execute lected. said Certificate of Audit. Seconded Section 7. That a certified copy by Councilman Murphy. Carried of this resolution be filed with the by the following vote: County Auditor of Dubuque Coun- Peas—Mayor Clark, Councilmen ty, Iowa, and that said Auditor be Murphy, Thompson, Van Duelman, and he is hereby instructed in and Wharton. for each of the years 1938 to 1946 Nays—None. inclusive to enter for collection and Petition of St. Peters' M. E. assess the tax hereby authorized. Church requesting permission for Section 8. That all resolutions the holding of a tag day on the or parts of resolutions in conflict streets of the City of Dubuque on herewith be and the same are here- Saturday, August 27th, 1938, pre - by repealed sented and read. Introduced August 11th, 1938. Councilman Van Duelman moved Passed, adopted and approved that the request be granted. Sec - August 18th, 1938. onded by Councilman Wharton. CARL A. CLARK, Carried by the following vote: Mayor. Yeas—Mayor Clark, Councilmen FRANK VAN DUELMAN Murphy, Thompson, Van Duelman, ALBERT WHARTON, Wharton, GEO. R. MURPHY, Nays—None. F. W. THOMPSON, Petition of The Volunteers of Councilmen. Attest: J. J. SHEA, America, by Mrs. Emily Anderson, Mgr. Iowa Division, requesting per - City Clerk. Councilman Van Duelman moved mission for the holding of a tag day on Saturday, September 10th, the adoption of the resolution. Sec- 1938, Presented and read. onded by Councilman Wharton. Carried by the following Councilman Van Duelman moved that the vote: Yeas—Mayor Clark, Councilmen request be granted. Sec- onded by Councilman Wharton. Murphy, Thompson, Van Duelman, Carried by the following vote: Wharton. NaYs—None. Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Bond of Louis Francis Fautsch, Wharton. Police Judge, in the amount of Polis presented for Nays—None. Petition of A. G. Voggenthaler et approval. Councilman Murphy P y moved that al requesting that Stine Street the Bond be approved and placed from the intersection of Viola Street on file, Seconded by Councilman to the alley east of Stafford Ave - Thompson. Carried by the follow- nue and the alley from Stine Street ing vote: to Merz Street be put in a passable condition, presented and read. Special Session, August 18th, 1938 185 Councilman Van Duelman moved occupied by such applicants shall to refer the petition to the City be forthwith inspected. Council to "B" by ouncilma Murphy. Car- CLASS PERMIT by the following vote: John J. Rettenmaier (new), 1100 tied rigid Yeas—Mayor Clark, Councilmen Lincoln Avenue. Murphy, Thompson, Van Duelman, McDermott (new), 265 Main Wharton. Nays—None. Street, Milo Barrett (new), 241 Main Councilman Wharton moved that Street. the rules be suspended for the pur- Passed, adopted and approved of allowing any one present this 18th day of August, 1938. # pose in the Council Chamber, who CARL A. CLARK, wishes to do so, to address the Mayor. Council. Seconded by Councilman AN VAN D DUE , �w ;Murphy. Carried by the following ALB ALBERT ERT N, vote:GEO R. MURPHY, F. W. THOMPSON, Yeas --Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Councilmen. Wharton. Attest: J. J. SHEA, Nays—None. City Clerk. Resolution No. 61-38 Councilman Murphy moved the adoption of the resolution. Second Whereas, applications for Class . by Councilman Thompson. Car. "B" Beer Permit for Private Clubs r i ted by the following vote: ' have been submitted to this Coun- Yeas—Mayor Clark, Councilmen cil for approval and the same have Murphy, Thompson, Van Duelman, been examined: Now, Therefore, Wharton. Be It Resolved by the Council Nays—None. of the City of Dubuque that the following applications be and the Resolution No. 83-38 same are hereby approved and it Whereas, heretofore applications Is ordered that the premises to be were filed by the within named occupied by such applicants shall applicants for Class "B" Beer Per - be forthwith inspected. mits and they received the ap- CLASS "B" PERMIT FOR proval of this Council; and PRIVATE CLUB Whereas, the premises to be Dubuque Musicians' Club (new), occupied by them have been in - 36 West Fourth Street. spected and found to comply with Knights of Columbus (new), 781 the ordinances of this City and Locust Street. they have filed a proper bond: Passed, adopted and approved Now, Therefore, this 18th day of August, 1938. Be It Resolved by the Council CARL A. CLARK, of the City of Dubuque that *the Mayor. Manager be and he is hereby FRANK VAN DUELMAN, directed to issue to the following ALBERT WHARTON, named persons a Beer Permit. GEO. R. MURPHY, CLASS "B" PERMIT FOR F. W. THOMPSON, PRIVATE CLUB Councilmen. Dubuque Musicians' Club (new), Attest: J. J. SHEA, 36 West Fourth Street. City Clerk. Knights of Columbus (new), 781 Councilman Van Duelman moved Locust Street. the adaption of the resolution. Sec- onded by Councilman Murphy. Car- CLASS "B" PERMIT ried by the following vote: John J. Rettenmaier (new), 1100 Yeas—Mayor Clark, Councilmen Lincoln Avenue. Murphy, Thompson, Van Duelman, Carl McDermott (new), 265 Main Wharton. Nays—None. Street. 241 Main Milo Barrett (new), Resolution No. 82-38 Whereas, applications for Class Street. 469 Phillip Mihalakis (new), "B" Beer Permits have been sub- Main Street. 1200 Iowa witted to this Council for approval Emil Leiser (new), and the same have been examined: Street. of address Now, Therefore, Be It Resolved Vern Okey (transfer 431 Rhomberg), 500 East 22nd by the Council of from the City of Dubuque that the fol- Street. that the lowing applications be and the Be It Further Resolved be same are hereby approved and it bonds filed by such applicants hereby approved. is ordered that he premises to be and the same are 186 Special Session, August 18th, 1938 Passed, adopted and approved this 18th day of August, 1938. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Thompson. Car- ried by the following vote: Teas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Ordinance No. 19-38 An Ordinance amending an ordi- nance entitled Ordinance No. 9-35. "An ordinance providing for the Issuance of Class "B" and Class "C" Beer Permits, and for the re- vocation of the same; fixing permit fees; prescribing rules and regula- tions governing the operation of places where beer is sold and con- sumed pursuant to such permits; restricting dancing and providing a license therefor; repealing all ordinances heretofore enacted gov- erning this subject; providing a penalty for violation hereof; and declaring an emergency," by the insertion in, and addition to, the title of said Ordinance of a phrase or clause providing for and cov- ering the limitation of Class "B" permits to be issued; and by the Insertion in and addition to said 'Ordinance of Paragraph 493A, pro- viding for a limitation upon the Issuance of Class `B" permits, said ordinance having been passed upon first and second readings on Aug- ust 11th, 1938, presented and read a third time, ORDINANCE NO. 19-38 An Ordinance amending an ordi- nance entitled Ordinance No. 9-35. "An ordinance providing for the is- suance of Class 'B" and Class "C" Beer Permits, and for the revocation of the same; fixing permit fees; pre- scribing erningthe uoperation of l6s and �Placeslionswhe e beer is sold and consumed pursuant to such permits; restricting dancing and providing a license therefor; re- pealing ail ordinances heretofore en- acted governing this subject; pro- viding a penalty for violation hereof; and declaring an emergency." try the insertion in, and addition, to, the title of sal d Ordinance of a phrase or clause providing for and cover- ing the limitation of Class B" per - ti its to be issued; and by the inser- on a and addition to said Ordinance ]I Paragraph 493A, providing for a lmitation upon the issuance of Class "B" permits. Be it ordained by the City Council of the City of Dubuque: That the title of an ordinance of the City of Dubuque, entitled: "Ordinance No. 9-35. An ordi- nance providing for the issuance of Class "B" and Class "C" Beer Per- mits and for the revocation of the same; fixing permit fees; prescribing rules and regulations governing the operation of places where beer is sold and consumed pursuant to such per- mits; restricting dancing and provid- ing a license therefor; repealing all ordinances heretofore enacted govern- ing this subject; providing a penalty for violation hereof; and declaring an emergency.", be, and the same is hereby amended as follows: 1. By inserting in the title of said ordinance after the word "same" and before the word "fixing" in line three thereof, the words "limiting the num- ber of Class "B" permits to be I, - sued;", 2. By adding to and inserting in said ordinance, after and following paragraph 493. paragraph 493A as fol- lows: "Paragraph 493A — Limitation of Class "B" Permits. Section 1. That from and after the adoption of this ordinance, and the effective date thereof, the number of Class "B" permits issued shall, un- der the provisions of paragraph 493 of said ordinance, be limited to one Class "B" permit for each five hun- dred population, or fractional part thereof, of the City of Dubuque up to twenty-five hundred, and one addi- tional permit for each seven hundred fifty population, or fractional part thereof, of said city, over and above twenty-five hundred; provided, how- ever, that such limitation, as herein Provided. shall not operate to revoke or cancel any Class "B" permit then In force and effect at the time of adoption and effective date of this ordinance. Section 2. That the number of Class "B" permits, as hereinabove provided in Section 1., hereof. shall be without prejudice to the right of any owner or holder of a Class "B" permit, in force and effect at the time of the adoption and effective date of this ordinance to continue in busi- ness and to be issued subsequent re- newals of said permit upon the ex- piration of his existing permit, in force and effect; and without preju- dice to the right to the transfer of said permit as provided in said ordi- nance, if any such permit holder would otherwise be entitled to be granted a renewal or transfer of said permit but for such limitation. 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 11th day of August, 1938. Passed, adopted and approved upon final reading this 18th day of August, 1938. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY. F. W. THOMPSON, Councilmen. Attest: J. J. SHEA. City Clerk. Special Session, A published lhiHeraiin h d�ld newspaper onthe 19th ay Of August, 1938. J. J. SHEA, 8-19-1t City Clerk. Councilman Van Duelman moved the adoptionouncilmanthe lnaWha ton. Sec- onded byy Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None, Ordinance No. 20-38 An Ordinance granting to Clif- ton B. Trewin, fee owner, and Ellis Tindell, purchaser of contract, their heirs and assigns, the right to construct and maintain a porch and steps in the alley in the rear of Lot Twenty-five of G. W. Rogers Subdivision to the City of Dubuque, Iowa: and prescribing the condi- tions of said permit, said ordinance having been passed upon first and second readings on August 11th, 1938, presented and read a third time. ORDINANCE NO. --0-38. An ordinance granting to Clifton B. Trewin, fee owner, and Ellis Tin - dell, purchaser of contract, their heirs and assigns, the right to construct and maintain a porch and steps in the alley in the rear of Lot Twenty-five of G. W. Rogers subdivision to the City of Dubuque, Iowa: and pre- scribing the conditions of said per- mit. Be it ordained by the City Council of the City of Dubuque: Paragraph 702, Section 1. That Clifton B. Trewin, fee owner, and Ellis Tindell, purchaser under contract, their heirs and assigns be, and they are, hereby granted the right and authority to construct and maintain a porch and steps in the alley abutting Lot Twenty-five (25) of G. W. Rogers, subdivision of the City of Dubuque, Iowa, said porch and steps to extend into said alley for h, distance of not more than three (3) feet, the same to be used In connec- tion with the use of the residence upon said lot by said purchaser under contract, Ellis Tindell, said structure to be built under the supervision of the Building Commissioner of the City of Dubuque, Iowa. Paragraph 703, Section 2. It is understood and provided that such right, license and permission to use such alley is subject to the con- tinuous control of the City Council of the City of Dubuque, reserving the right to impose such restrictions or cgnditions upon the enjoyment there- of as may be reasonably 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 or license is revoked by said City Council, said owner in fee and purchaser under contract, their heirs and assigns shall remove such porch and steps at their own expense, and restore such part Of the alley as has been theretofore occupied to the same condition it was in prior to the construction of such Porch and steps. ThisPoerdinance shall be iin force and ust 18th, 1938 187 effect ten (10) days from andafter Its final passage, adoption and ap- proval by the Citv Council, and pub- lication as provided by law, and the rights hereunder which accrue to the said Clifton B. Trewin, owner In fee and Ellis Tindellpurchaser under contract, their heirs or assigns, when the provisions hereof have been ac- cepted by them. Passed upon first and second read- ings this 11th day of August, 1938. Passed, adopted and approved this 18th day of August, 1938. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON, Attest: J. J. SHEA, CiittyuncilClerk. ACCEPTANCE BY OWNER Clifton B. Trewin, as owner in fee of Lot Twenty-five (25) of G. W. Rogers subdivision of 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 Dubuque, des- ignated as: "Ordinance No. 20-38. An ordinance granting to Clifton B. Tre- win, fee owner, and Ellis Tindell, purchaser of contract, their heirs and assigns, the right to construct and maintain a porch and steps in the alley in the rear of Lot Twenty-five (25) of G.' W. Rogers subdivision to the City of Dubuque, Iowa; and pre- scribing the conditions of said per- mit", this 22nd day of August, 1938. CLIFTON B. TREWIN, Owner in fee. ACCEPTANCE BY PURCHASER Ellis Tindell, purchaser of contract, of the premises described as city lot twenty-five (25) of G. W. Rogers sub- division to the City of Dubuque, Iowa, does hereby accept the terms and provisions and conditions of the or- dinance adopted by the City Council of the City of Dubuque, Iowa, des- ignated as: "Ordinance No. 20-38, An ordinance granting to Clifton B. Tre- win, fee owner, and Ellis Tindell, purchaser of contract, their heirs and assigns, the right to construct and maintain a porch and steps in the alley in the rear of Lot Twenty- five (25) of G. W. Rogers subdivision to the City of Dubuque, Iowa; and prescribing the conditions of said per- mit," this 29th day of August, 193S. ELLIS TINDELL, Purchaser of Contract. Published officially in the Tele- graph -Herald newspaper on the 25th day of August, 1938. J. J. SHEA, 8-25-1t City Clerk. Councilman Van Duelman moved the adoption of the ordinance. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays --None. Ordinance No. 21-38 An Ordinance granting to Bath• erine W. P,radley, owner, and An- drew D. Karigan, lessee, their heirs or assigns, the right to construct and maintain an unloading plat- form tform in the alley abutting City Lot Twenty-five (25) in the town (nolo' city) of Dubuque. Iowa; and pre- scribing the conditions of said per ME 188 Special Session, August 18th, 1938 mit, said ordinance having beer passed upon first and second read- ings on August 11th, 1938, present- ed and read a third time. ORDINANCE NO. 21.38. An ordinance granting to Katherine W. Bradley, owner, and Andrew D. Karigan, lessee, their heirs or assigns, the right to construct and maintain an unloading platform in the alley abut- ting city lot twenty-five (25) in the town (now city) of Dubuque, Iowa; and prescribing the conditions of said permit. Be It ordained by the City Council of the City of Dubuque: Paragraph 705, Section 1. That Katherine W. Bradley, owner, and Andrew D. Karigan, lessee, their heirs or assigns, be, and they are hereby granted the right and author- ity to construct and maintain an un- loading platform In the alley abutting city lot twenty-five (25) in the town (now city) of Dubuque, Iowa, such unloading platform to be not more than 3 feet in width and 8 feet in length and 5 feet 6 inches in height, the same to be used in connection with the operation of the business of said lessee, Andrew D. Karigan; said structure to be built under the sgper- vision of the building commissioner of the City of Dubuque. Paragraph 706, Section 2. It is understood and provided that such right, license and permission to use such alley is subject to the contin- uous control of the City Council of the Cityof Dubuque, reserving the right to impose such restrictions or conditions upon the enjoyment there- of as may be reasonably necessary for the protection of the public interests, Including the right to revoke and ►•escind such permission, if at any I the public interests should re- quire such revocation. If, and when such permit, right, or license is re- voked by said City Council, said own- er and lessee, their heirs, or assigns shall remove such unloading platform at their own expense, and restore such part of the alley as has been occupied thereto to the same condi- tion it was in prior to the construc- tion of such platform. Paragraph 707, Section 3. This ordinance shall be In force and effect ten (10) days from and after Its final passage, adoption and ap- proval by the City Council, and publi- cation as provided by law, and the rights hereunder which accrue to said Katherine W. Bradley owner, and heirs and arew ssigns, when thesprovis ons hereof have been accepted by them. Passed upon first and second read- ings this Ilth day of August, 1938. Passed, adopted and approved this 18th day of August, 1938. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON, Attest: J. J. SHEA, City Clerk.en. ACCEP Katherine TW Bradley, asN wNEner of city lot twenty-flve (25) in the town (now city) of Dubuque, Iowa, does hereby accept the terms, provisions and conditions Of the ordinance adopted by the City Council of the City of Dubuque, designated Ordinance No. 21-38. An ordinanceas: granting to Katherine W. Bradley, owner, and Andrew D. Karigan, lessee, their heirs and assigns, the right to construct and maintain an unloading platform in the alley abut- ting city lot twenty-five (25) in the town (now city) of Dubuque, Iowa; and prescribing the conditions of such permit," this 22nd day of August, 1938. KATHERINE W. BRADLEY, . Owner. ACCEPTANCE BY LESSEE Andrew D. Karigan, lessee, of the Premises described as city lot twenty- five (25) in the town (now city) of Dubuque, Iowa, does hereby accept the terms and provisions and condi- tions of the ordinance adopted by the City Council of the City of Du- buque, designated as! Ordinance No. 21-38. An ordin- ance granting to Katherine W. Brad- ley, owner, and Andrew D. Karigan, lessee, their heirs and assigns, the right to construct and maintain an unloading platform in the alley abut- ting city lot twenty-five (25) in the town (now city) of Dubuque, Iowa; and prescribing the conditions of such permit', this 22nd day of August, 1938. ANDREW D. KARIGAN, Published officially in t ee9see. Tele- graph -Herald newspaper on the 23rd day of August, 1938. J. J. SHEA, 8-23-1t City Clerk. Councilman Van Duelman moved the adoption of the ordinance. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. August 18, 1938 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen. At the session of the City Coun- cil held June 30, 1938, the petition Of Spahn and Rose Lumber Com- pany requesting permission to erect walls around their area ways on the Washington Street side and also on the Eighth Street side of their building was referred to the City Council and Manager to view the grounds. The grounds were so viewed on August 16th. The deci. sion of the council was that the petition be granted under the fol- lowing conditions: That the area- way on the Washington Street side be raised from the building to the west curb of Washington Street and a suitable ramp built on both the north and south sides of the sidewalk adjacent to the areaway and second that the Spahn and Rose Lumber Company assume any liability for injuries that may occur to persons stumbling or fall- ing over the proposed projections. I recommend that the decision of the City Council be confirmed. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Murphy moved that the decision of the City Council be Special - Scssion, August 18t11, 1938 confirmed and the City Solicitor to be instructed to prepare a pro- per ordinance. Seconded by Coun- cilman Thompson. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. August 17, 1938 Honorable Mayor and City Council, Dubuque, Iowa. RE: CLAIM OF MRS. EILEEN ELLWANGER Gentlemen: At the meeting of the City Coun- cil on August 1st, 1938, there was referred to me for investigation and report the claim of Mrs. Eileen Ellwanger in the sum of Forty- seven ($47.00) Dollars, for the loss of a wrist watch at the swimming pool on July 14, 1938, which loss claimant alleged was caused by the negligence of the agents and employees of the city in charge of said pool. Please be advised that I have Qnade an investigation of this claim and the circumstances surround- ing the same and find no liability on the part of the city. Establish- ment and maintenance of a swim- ming pool by the city constitutes a public or governmental function, and in the operation of the swim- ming pool, employees operating the same are engaged in the perform- ance of such function in exercising governmental duties. In view of this fact and in the light of the evidence adduced from the investigation made, 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. Councilman Murphy moved that the recommendation of City Solici- tor Nelson be approved. Seconded by Councilman Van Duelman. Car- ried by the following vote: Yeas—'Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Dir. John McEvoy addressed the Council making inquiry as to what action had been taken on the peti- tion requesting that electric ser- vice be extended to the residents Of Maple Island. City Manager Rhomberg advising Mr. McEvoy that he would arrange a meeting with the officials of the Interstate Power Company for Monday mor -i- 1119 if said time was agreeable to 189, him for the purpose of taking up this matter with the officials of the Interstate Power Company. There being no further business Councilman Murphy moved to ad- journ. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. J. J. SHEA, /� `�'� City Clerk. Approved �/&. 4_4.*1938. Adopted [�f/jMggp v Attest: ...... City Clerk. in Special Session, August 23rd, 1938 City Council (Official) Special Session, August 23rd, 1938. Council met at 7:30 P. M. Present—Mayor Clark, Council- men Murphy, Thompson, Van Duel - man, Wharton, City Manager Rhomberg. Meeting called by order of Coun- cilmen 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 adopting a resolution ordering the making of an application for Federal Aid on a P. W. A. Grant for Water Works Improvements and acting on any other business as may proper- ly come before a regular meeting of the City Council. APPLICATION RESOLUTION Resolution No. 84-38 A resolution authorizing the City Manager of Dubuque, Iowa, to file an application to the 13,1ted States of America through the Federal Emergency Administration of Pub. lic Works for a grant to aid in financing. The construction of Improve- ments to Water System and desig- nating Consoer, Townsend & Quin- lan, Consulting Engineers, 205 W. Wacker Drive, Chicago, Illinois to furnish such information as the Government may request. Be It Resolved by the City Coun- cil of the City of Dubuque, Iowa; Section 1. That the City Mana- ger, be and he is authorized to execute and file an application on behalf of the City of Dubuque, Iowa, to the United .States of Amer- ica for a grant to aid in financing the construction of Improvements to Water Works System. Section 2. That Consoer, Town- send & Quinlan, Consulting Engin- eers, 205 W. Wacker Drive, Chi- cago, Illinois, are hereby author- ized and directed to furnish such information as the United States Of America through the Federal Emergency Administration of Pub- lic Works, may reasonably request in connection with the application which is herein authorized to be filed. Passed, adopted and approved this 23rd day of August, 1938. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, . GEO. R. MURPHY, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Wharton moved the adoption of the resolution. Second- ed 'by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—+None. There being no further busi- ness 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. Approved 1938. Adopted V. 1938. Councilmeffr-{ v Attest: ..... 446Cle rk.. a4u I Special Session, August 30th, 1938 191 City Council (official) Special session, August 30th, 1938. Council met at 7:50 P. M. Present—Mayor uncil- Tl ompson, Van o Duel - men Murphy, man, Wharton, City Manager Rhomberg. Meeting called by order of Coun- cilmen Van Duelman and Wharton. Mayor Clark read the call and stated that service thereof had meet- ing rt hepurpose that iscalled for of holding a public hearing upon a proposal to amend and change the Zoning Ordinance of said City in the following respects: Section 1. By amending Section 1 of Article IV of said Zoning Or- dinance relating to use regulations of Multiple Residence Districts as follows: (a) By striking from Paragraph (i) of said Section 1 all of said, paragraph and inserting in lieu thereof the following: "(i) Funeral Home and Mortuary within the following designated Multiple Family Districts in the area bounded by the north proper- ty line of Dodge Street and the north property line of the north side of Seventeenth and West Seventeenth S.tregts, and by the west property line` of the'west side of Bluff Street and the east pro- perty line of the lots adjacent to and abutting the easterly side of Central Avenue." (b) By adding to said Section 1, paragraph (j) as follows: "(j) Accessory uses on the same lot customarily incident to any of the above permitted uses." Section 2. By amending Section 1 of Article V of said Zoning Ordi- nance relating to use regulations of Local Business Districts as fol- lows: (a) By striking from said Sec. tion 1 all of paragraph (•g) as fol. lows: "(g) Funeral Home or Mort uary." (b) By changing the designatior Of paragraph (b) of said Section l to read paragraph "(g)" and the designation of paragraph (1) o: said Section to read paragrapt "W". Such other business wil be acted upon as may properl3 come before a regular meeting o! the City Council. Proof of publication, certified to by the publishers, of the officia notice of a public hearing to bi held upon a proposal to amend and change the Zoning Ordinance of said City in the following respects: Section 1. By amending Section 1 of Article IV of said Zoning Or- dinance relating to use regulations of Multiple Residence Districts as follows: (a) By striking from Paragraph (i) of said Section 1 all of said paragraph and inserting in lieu thereof the following: "(i) Funeral Home and Mortuary within the following designated Multiple Family Districts in the area bounded by the north proper- ty line of Dodge Street and the north property line of the north side of Seventeenth and West Seventeenth Streets, and by the west property line of the west side of Bluff Street and the east pro- perty line of the lots adjacent to and abutting the easterly side of Central Avenue." (b) By adding to said Section 1, paragraph (j) as follows: "(j) Accessory uses on the same lot customarily incident to any of the above permitted uses." Section 2. By amending Section 1 of Article V of said Zoning Ordi- nance relating to use regulations of Local Business Districts as fol- lows: (a) By striking from said Sec- tion 1 all of paragraph (g) as fol- lows: •,(h) Funeral Home or Mort- uary." (b) By changing the designation of paragraph (b) of said So 1 to read paragraph ,(gY and designation of paragraph (i) of said Section to read paragraph "(h)", presented and read. Councilman Murphy moved that the proof of publication be receiv- ed and filed. Seconded by Coun- cilman Wharton. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, an Duelman, Wharton. Nays—Nor-e. Councilman Wharton moved to suspend the rules for the purpose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council• Sec- onded by Councilman Mote: y' Car- ried by the following Councilmen Yeas—Mayor Clark, Murphy, Thompson, Van Duelman, Wharton. Nays—None. Attorney, Mr. F A. O'Connor, present- ed the Council an nd present- ed and read the p ing the City Council to disapprove 192 Special Session, August 30th, 1938 said amendment to the Zoning Ordinance as proposed and assert that the establishment of any should mort- uary or undertaking parlors be within the limits and districts in which they are now maintained. Mr. H. J. Hoffmann, Attorney, addressed the Council requesting that the City Council back up the recommendation of the Planning and Zoning Commission to amend Section 1 of Article IV of the Zon- ing Ordinance. Councilman Wharton moved that the petition requesting the City Council to disapprove said amend. ment to the Zoning Ordinance as proposed and assert that the estab- lishment of any mortuary or under- taking parlors should be within the limits and districts in which they are maintained be received and filed. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Ordinance No. 22-38 An Ordinance amending Ordi- nance No. 3-34, Zoning Ordinance of the City of Dubuque, Iowa, and changing the Zoning Map of the City of Dubuque as provided for by said Ordinance 3-34, desig- nated as, "Zoning Ordinance of the City of Dubuque, Iowa", by amend. Ing Section 1, Use Regulations of Article IV of said Ordinance No. 3-34, multiple residence district, by adding thereto an additional paragraph prescribing an addition- al purpose for which buildings within a certain prescribed area, in said multiple residence district, may be used and declaring an emergency, presented and read. Councilman Van Duelman moved that the reading just had be con- sidered the first reading of the ordinance. Seconded by Council- inan Murphy. Carried by the fol- lowing vote: Yeas—Mayor Clark, Councilmen Murphy, 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 Murphy. 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 con- sidered the second reading of the ordinance. Seconded by Council- man Murphy. Carried by the fol- lowing vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Communication of The Interna- tional City Managers' Association -extending an invitation to the City Council and City Manager to at- tend the Annual Conference of the City Manager's Association to be ;held in Boston on September 26 to 29, inclusive, presented and read. Councilman Murphy moved to refer the communication to the City Council for further considera- tion. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Communication of Iowa Associa- tion of Chiefs of Police extending invitation to attend the Annual Convention of the Iowa Associa- tion of Chiefs of Police to be held in Council Bluffs, Iowa, on Septem- ber 20th, 21st, and 22nd, 1938, pre- sented and read. Councilman Thompson moved that the Chief of Police be author- ized to attend the Iowa Association of Chiefs of Police Convention to be held in Council Bluffs, Iowa. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Communication of A. H. Smith, Chairman Safety Committee, of both the Interstate Power Com- pany and Kiwanis Service Club submitting the following sugges- tions: Locate stop sign on both sides of Seminary Street at the intersection of Madison Street giv- ing right of way to vehicles coming UP Madison Street; also paint "Stop" in large letters on pave- ment at all intersections where stop signs are located at the curb; Locate stop and go light at the Intersection of Fourteenth and Main Streets, presented and read. Councilman Murphy moved to refer the communication to City Manager Rhomberg for investiga- tion and report. Seconded by Coun- cilman Wharton. Carried .by the following vote: Yeas—Mayor Clark, Councilmen Special Session, A Murphy, Thompson, Van Duelman, Wharton. Nays—None. Communication of Lange's In- surance Agency requesting release Of the original bond of City Mana- ger Rhomberg covering the period of July 15th, 1937, to July 15th, 1938, and submitting an attached resolution for Council adoption, presented and read. Councilman Wharton moved that the request be granted. Seconded by Councilman Van Duelman. Car- ried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 91-38 Whereas, Albin A. Rhomberg filed a bond in the amount of $5,000.00 effective July 15, 1938, as City Manager, that the Continental Casualty Company be relieved of any and all liability on account of loss sustained on or after July 15, 1938, by reason of any default of said Albin A. Rhomberg, on the previous bond executed in the amount of $6,000.00 effective July 15, 1937, covering Mr. Rhomberg as City Manager. Aye FRANK VAN DUELMAN, Aye CARL A. CLARK, Aye ALBERT WHARTON, Aye GDO. R. MURPHY, Aye F. W. THOMPSON. I, J. J. Shea, Clerk of the Coun- cil of the City of Dubuque, Iowa, certify that the above is a correct copy of a resolution passed by the City Council at its special meeting on the 30th day of August, 1938. J. J. SHEA, City Clerk. Councilman Wharton moved the adoption of the resolution. Sec- onded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of Dubuque Trades and Labor Congress requesting permis- sion for the holding of a parade on Labor Day and that the streets be cleared of all vehicles from 16th and Main to 2nd and Locust Street and also extending an invitation to the Mayor and Members of the City Council and City Manager to participate in the parade, present- ed and read. Councilman Murphy moved that the request be granted and that the invitation be accepted. Sec- onded by Councilman Van Duel - t 30th, 1938 193 man. Carried by the vote: following Yeas—Mayor Clark, Councilmen Murphy Thompson, Van Duelman, Whartou. Nays—None. Petition of Local Union of United Brotherhood of Carpenters and Joiners requesting that the streets upon which the Labor Day Parade will be held be cleared of all cars one-half hour before the parade, presented and read. Councilman Murphy moved that the request be granted. Seconded by Councilman Van Duelman. Car- ried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of The Galloway Com- pany, Inc., requesting permission to erect a platform on First Street for the holding of a Fall Festival Presented and read. Councilman Wharton moved that the request be granted and that the City Manager be directed to instruct The Galloway Company, Inc., to furnish a Public Liability Bond in the amounts of $5,000.00 and 410,000.00 and that the con- struction of said platform be done under the supervision of the Build- ing Commissioner. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of Henry A. Scandrett, Walter J. Cummings and George I. Haight, Trustees of the Proper- ty of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company requesting the vacation of the fol- lowing streets and alleys: (a) That part of 19th Street, in Railroad Addition, between Blocks 12, 13, 16 and 17, which blocks extend be. tween Lynn and Marsh Streets; (b) The alleys in Blocks 13 and 14 of said Railroad Addition; (c) That part of Ash Street, in said Railroad south- erlyline of Blocks f13me and 16, the northerly line of 18th Street, to the south -southerly line of Lot 19 in Block 12 and Lot 6 in Block 17, which southerly line is 150 0ne et northerly of the northerly between of 19th Street; (d) The alley ,Lots 7 to 18, inclusive, Block 17 of dition, or the Por. tln aad tion ofthealleybetween 19th and 20th Streets not heretofore vacat- ed; (e) That part of Marsh Street, in said Railroad Addition, southerly lineof Blocks17 and t21, 194 Special Session, August 30th, 1938 the northerly line of 19th Street, Councilman Murphy moved to re - the southerly line of Blocks 18 fer the petition to the City Solici- to and 20, the northerly line of 20th for for investigation and report. Street; (f) The alley in Block 21 Seconded by Councilman Van Duel - of said Railroad Addition, which man. Carried by the following block is situated between Marsh vote: and Hickory Streets and 19th and Yeas—Mayor Clark, Councilmen 20th Streets; (g) That part of 20th Murphy, Thompson, Van Duelman, Street, in said Railroad Addition, Wharton. from the westerly line of Marsh Nays --None. Street to the westerly line of Brook Street, which portion of 20th Petition of Anthony is bounded on the west by pastor of St. Petery &sKreelmer, .Street Blocks 17 and 18 on the east by Church Corp., Sherrill, Iowa, re - Blocks 26 and 27; (h) That part questing the City to extend to of Hickory Street between Blocks them the privilege of fire service, 20, 21, 26 and 27, in said Railroad when needed, presented and read. Addition, and Blocks 1, 2, 3 and 4 Councilman Murphy moved to re- in Wiltse's Addition or Hickory fer the petition to the City Coun- Street from the northerly line of cil for consideration and that all 19th Street northerly to the end interested petitioners for said fire thereof; (i) The alley in Block 27, service be invited to be present at Railroad Addition, and Block 3 in said informal meeting of the City said Wiltse's Addition, which Council. Seconded by Councilman blocks extend between Hickory Thompson. Carried by the follow. and Brook Streets and 20th and Ing vote. 21st Streets; (j) That part of 21st yeas—Mayor Clark, Councilmen Street in Wiltse's Addition be- Murphy, Thompson, Van Duelman, tween the east line of Blocks Wharton. 1 and 2, the westerly line of Hick- Nays—None. ory Street, and the easterly line of Blocks 3 and 4, the westerly line Petition of The Daily Tribune re - of Brook Street; (k) The alley in questing that they be allotted the Block 4 in said Wiltse's Addition business of printing the Council which alley extends northerly of Proceedings in pamphlets and ad - 21st Street, presented and read. vising the Council that they are in Councilman Thompson moved a position to do this work for the that the petition be referred to same price as the City is now pay - the City Council to view the Ing, presented and read. grounds. Seconded by Councilman Councilman Wharton moved to Murphy. Carried by the following refer the petition to the City Coun- vote: cil. Seconded by Councilman Van Yeas—Mayor Clark, Councilmen Duelman. Carried by the following Murphy, Thompson, Van Duelman, vote: Wharton. Yeas—Mayor Clark, Councilmen Nays—None. Murphy, Thompson, Van Duelman, Wharton. Petition of Wm. R. Oliver et al Nays—None, requesting that Valley Street be Proof of publication, certified to repaired and placed in a passable by the publishers, of a statement condition, presented and read. of receipts and also a list of claims Mr. John P. Bockes addressed the Council requesting that the for which warrants were drawn prayer of their petition be granted. during the month of July, 1938, Councilman Van Duelman moved presented and read. Councilman Van Duelman moved that City Manager Rhomberg be instructed to put Valley Street in that the proof of publication be re- first class shape and that a proper ceived and filed. Seconded by covering be placed on the same. Councilman Murphy. Carried by the following vote: Seconded by Councilman Thomp- son. Carried by the following Yeas—Mayor Clark, Councilmen vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Murphy, Thompson, Van Duelman Wharton., Nays—None. Wharton. Nays—None. August 1, 1938. Petition of Louisa Scharff, re. Honorable Mayor ferred to the City Council b the and City Council, Board of Supervisors, requesting Dubuque, Iowa. Gentlemen: suspension of the 1937 taxes on Lots 34 and 35 Belmont Addition, Regarding petition Anna Presented and read, Strueber et al, the Planning and n Zoning Commission begs to recom- Special Session, E mend to your honorable body the granting espectfully petisubmitted, Planning and Zoning Commission, By R. V. McKay, Sect. Councilman Murphy moved that the recommendation of the Plan- ning and Zoning Commission be approved and made a matter of record. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Report of the Board of Health for the month of July, 1938, pre- sented. Councilman Van Duelman moved that the report of the Board of Health for the month of July, 1938, be received and placed on file. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 85-38 Whereas, application for Class "B" Beer Permit has been submit- ted 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 fol- lowing application be and the same is hereby approved and it is or- dered that the premises to be oc- cupied by such applicant shall be forthwith inspected. CLASS "B" PERMIT Mrs Elsie Recker (Transfer of address from 428 West Locust St.), 399 East 20th Street. Passed, adopted and approved this 30th day of August, 1938. CARL A. CLARK, Mayor. SRANK 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. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy„ Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 86-38 Whereas, heretofore application was filed by the within named ap- plicant for Class "B" Beer permit Lugust 30th, 1938 1 195 and it received the approval of this Council; and Whereas, the premises to be. oc. cupied by this applicant have been inspected and found to comply with the ordinances of this City and she has filed a proper bond: Now, therefore, Be it resolved by the Council of the City of Dubuque that the Man- ager be and he is hereby directed to issue to the following named person a Beer Permit. CLASS "B" PERMIT Mrs. Elsie Recker (Transfer of address from 428 W. Locust Street) 399 East 20th Street. Be it further resolved that the bond filed by such applicant be and the same is hereby approved. Passed, adopted and approved this 30th day of August, 1938. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. August 30, 1938. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen:—At a special meet. ing of the Planning and Zoning Commission, held August 29, 1938, the plans for extensive City Water Department improvements, to be partly financed by means of a P. W. A. grant, were presented for approval. Final action consisted of a unan- imous recommendation to your hon, orable body that you approve this project. Respectfully submitted, R• V. McKay, Sec'y. PLANNING AND ZONING COMMISSION. Councilman Van Duelman moved the that the communicaticomnission Planning and Zoning be made a matter of record • Car. onded by Councilman Murphy. ried by the following vote: uncilmen Yeas—Mayor ClaroDuelman, Murphy, Thompson, Van Wharton. Nays—None. 196 Special Session, August 30th, 1938 Resolution No. 87-38 RESOLUTION OF THE D ZON4ING COMMISSION PLANNING D Whereas, the City of Dubuque proposes to construct improve- ments to the Water Works System on property now owned by the City, said proposed improvements to constst of: 1. A New Well. 2. A New Reservoir. 3. A New Pump. 4. An Addition to Eagle Point Pumping Station Building and Whereas, this same project was presented to the Planning and Zon- ing Commission of the City of Du- buque, on August 29, 1938, and was approved thereby by the Planning and Zoning Commission as to the general location, the general type of structures, and the condition that adjacent city owned property not used entirely by the Water Plant structures were to be im- proved, sodded and beautified by the Water Department; Now, there- fore Be it resolved by the Planning and Zoning Commission of Du- buque, Iowa, that the proposed plan Of improvements to the Water Works System are hereby approved by this Commission. Passed, adopted and approved this 30th day of August, 1938. JOHN M. WOLFE, Chairman. R. V. McKAY, Secretary. Councilman Van Duelman moved that the resolution be made a mat- ter of record. Seconded by Coun- cilman Murphy. Carried by the following vote: Yeas—Mayor Clark,, Councilmen Murphy, Thompson, Van Duel -man, Wharton. Nays—None. Resolution No. 88-38 RESOLUTION AND APPLICA- TION FOR TEMPORARY TRANSFER OF FUNDS Whereas, the City of Dubuque has established and is maintaining a Sinking Fund for the purpose of providing for the payment of Wat- er Works Bonds, principal and in- terest, as they respectively mature and there has accumulated in said Fund as of August 30, 1938, the sum of $216,844.43, all of which has been realized from receipts in the operation of such Water Works and not from the levy of any taxes; and Whereas, there are outstanding Water Works bonds in the sum of $209,000.00, the maturities of which are as follows: On April 1st,, 1939 ..............$39,000.00 On April 1st, 1940 .............. 35,000.00 On April 1st, 1941 .............. 40,000.00 On April 1st, 1942 .............. 32,000.00 On April 1st, 1943 .............. 35,000.00 On April 1st, 1944 .............. 28,000.00 and Whereas, there is more than suf. ficient money in said Sinking Fund at this time to pay all bonds, prin- cipal and interest, up to and in- cluding the bonds which mature in 1943; and Whereas,, there has been execut- ed and filed an application on be, half of the City of Dubuque to. the United States of America, for a grant of $67,500.00 to aid in financ- ing the construction of necessary improvements to the Water Works System, at an estimated cost of $150,000.00, and Whereas, such application for a grant of $67,500.00 is conditioned upon the expenditure of $82,500.00 on the part of the City of Du- buque from the Water Works Gen- eral Fund, and Whereas, there is in said Water Works General Fund, as of August 30, 1938, the sum of $44910.76, which amount is insufficient to fi- nance the 55 per cent of the pro- posed construction of improvement to the Water Works System, and also to maintain the Water Works Utility; 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 temporarily transferred from the Water Works Sinking Fund to the Water Works General Fund the sum of $40,000.00, such sum to be used only for the pur- pose of paying costs of construc- tion of improvements of the Water Works System as are required, to be borne by said city pursuant to rules and regulations of the Feder- al Emergency Administration of Public Works and that the Clerk and Auditor be, and they are here, by directed to adjust their books to conform to such transfer. Be it further resolved that, the sum thus temporarily transferred be returned to the Water Works Sinking Fund on or before March 31st, 1940, partial payments to be made each month from the reven- ues of the Water Works General Fund and such revenues are here- by irrevocably pledged for the pur- pose of repaying such temporarily transferred funds. Special Session, August 30th, 1938 197 Passed,, adopted and approved ed by Councilman Thompson. Car. this 30th day of August, 1938. ried by the following vote: CARL A. CLARK, Yeas—Mayor Clerk, Councilmen Mayor. FRANK VAN DUELMAN, Murphy, Thompson, Van Duelman, Wharton. ALBERT WHARTON, Nays—None. GEO. R. :MURPHY, F. W. THOMPSON, Resolution No. 90-38 Councilmen. A Resolution authorizing the Attest: J. J. SHE A, City Clerk. Mayor of the City of Dubuque, Iowa, to file an application to the + Councilman Van Duelman moved United States of America through the adoption of the resolution. Sec- the Federal Emergency Adminis- onded by Councilman Murphy. Car- tration of Public Works for a grant ried by the following vote: to aid in financing f• Yeas—Mayor Clark, Councilmen The Acquisition of a site and Murphy, Thompson, Van Duelman, the Construction of a Memorial Wharton. Building to commemorate the ser- Nays—None. vice rendered by soldiers, sailors Resolution No. 89-38 and marines of the United States, Whereas, the City Council of and designating C. I. Krajewski, Dubuque, Iowa, has directed the Architect, 803 Roshek Building, Du- City Manager to execute and file buque, Iowa, to furnish such in- an application on behalf of the formation as the Government may City of Dubuque, Iowa, to the request. United States of America for a Be It Resolved by the City Coun- grant of $67,500.00 to aid in flnanc- cil of the City of Dubuque, Iowa; ing the construction of Improve- Section 1. That the Mayor, be ments to the Water Works System, and he is hereby authorized to at an estimated cost of $150,000.00 execute and file an application on and behalf of the City of Dubuque, Whereas, such application for a Iowa, to the Unted States of Amer- of $67,500 is conditioned up- ica for a grant to aid in financing grant on the expenditure of $82,500 on the Acquisition of a site and the the part of the City of Dubuque, Construction of A Memorial Build. Iowa Now Therefore, be it resolved by ing to commemorate the service rendered by soldiers, sailors and the City Council of the City of there be and marines of the United States, and for the equipping of said building. Dubuque, Iowa, that there is hereby appropriated the Section 2. That C. I. Krajewski, , sum of $82,500.00 from the Water Architect, 803 Roshek Building, hereby author- Works General Fund for the Pur- cent of Dubuque, Iowa, is directed to furnish such pose of financing 55 per the cost of the aforesaid construc- ized and information as the United States Federal tion of Improvements to the Water of America through the Administration of Pub- Works System, and Be It Further Resolved that the ;Emergency lie Works, may reasonably request City Treasurer be and he is hereby in connection with the app licat on, to be -directed to deposit in the First which is herein authorized National Bank of Dubuque, Iowa, to the credit of the "Construction filed. roved Passed adopted and app Account, Improvements to the this 30th day of August,, 1938. Water Works System "Docket No. CARL A. CLARK, Iowa 1684" the sum of $82,500.00, from VAN DUELMAN, the same to be segregated all other funds and to be used for FRANK AI,BERT WH ARTON, no other purpose whatsoever. GO. R. MURPHY, GEO. adopted and approved F. W. THOMPSON' Councilmen. this 30th day of August, 1938- CARL A. CLARK, Attest: J J. SHEA, City Clerk. Mayor. FRANK VAN DUELMAN, Councilman Van Duelman moved Sec, ALBERT WHARTON, ALBERT the adoption of the resolution. Mote: R. MURPHY, F. W. THOMPSON, onc,ed by Councilman by the following Councilmen. rigid Councilmen 1layor Clark, Attest: J. J. SHEA, Yeas— Van Duelman, Murphy, Thompson, City Clerk. Councilman Murphy moved the Wharton. WNaysn.None. adoption of the resolution. Second- 198 Special Session, August 26, 1938. Honorable Mayor and City Council, Dubuque, Iowa. RE: CLAIM OF MRS. ANNA SCHAUL Gentlemen: Prior to my assumption of that office, there was referred to the City Solicitor by the City Council for investigation and report, the claim of Mrs. Anna Schaul, in the sum of Two Hundred Twenty- eight and no -100 ($228.00) Dollars, for damages resulting from her fall upon the sidewalk on the Souther- ly side of Thirteenth Street, be- tween Iowa and Central Avenue, alleged to have been caused by the negligence of the City, in the accumulation of rough ice and snow at the place her said fall occurred. I have made an investigation of the facts and circumstances sur- rounding this claim, and find that prior to the time of this fall, ice had formed upon the sidewalk at the place where Mrs. Schaul fell, which ice was scraped from part of the sidewalk in the vicinity of the place of her fall, and thrown upon other ice at the place of her fall, and that her fall was caused by ,her stepping upon loose pieces of ice upon smooth ice underneath, which loose pieces of ice slid or skidded when she stepped upon them, causing her to fall. The facts and circumstances and evidence adduced from the invest- igation indicate that negligence might be impute to the City in this case, and for that reason I respect- fully recommend that the claim be allowed in the sum of Twenty-five and no -100 ($25.00) Dollars, and that a warrant payable to Edgar H. Willging, attorney for Mrs. Anna Schaul, be drawn and de- livered upon the execution by the claimant of the enclosed receipt or release. Respectfully submitted, AL. J. NELSON, City Solicitor. Councilman Murphy moved that the recommendation of City Solici- tor Nelson be approved and that a warrant in the amount of $25.00 be ordered drawn payable to Edgar H. Willging, Attorney for Mrs. Anna Schaul, as settlement in full of the claim of Mrs. Anna Schaul. Seconded by Councilman Thomp- son. Carried by the following vote- Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. August 30th, 1938 August 27, 1938 To the Honorable Mayor and City Council, Dubuque, Iowa. RE: CLAIM OF HAROLD BARRETT Gentlemen: On July 9, 1938, the City Council referred to me for investigation and report, the claim of Harold ,Barrett, in the sum of Twenty-five and no -100 ($25.00) Dollars, for damages to his store fixtures, and stock in his store on Southern Avenue, as the result of water flow- ing into the rear of his store on June 14, 1938. I beg to advise that I have made an investigation of this claim and find that the water that flowed into the Barrett store came from pri- vate premises in the rear of this store through a rock wall, part of which had been washed away, and which rock wall was not maintain- ed by the city, and I find no liabil- ity on the part of the city, and, therefore, recommend that the claim be disallowed. Respectfully submitted, AL. J. NELSON, City Solicitor. Councilman Murphy moved that the recommendation of City Solici- tor Nelson be approved. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. August 27, 1938. To the Honorable Mayor, and City Council, Dubuque, Iowa. Re: Claim of Gabriel F. Beck. Gentlemen: On July 9, 1938, there was referred to me by the City Council for investigation and report, the claim of Gabriel F. Beck, in the sum of Fifteen and no 100 ($15.00) Dollars for damag- es to his garden on Southern Av- enue, alleged to have been caused by water overflowing from the street into his garden on June 14,. 1938, on account of the inability of the storm sewer on Southern Aven- ue to take the water away. I have completed investigation In this case and find that there was no stoppage or obstruction of said storm sewer at that time, and also find that the rainstorm on June 14, 1938 was, in reality a cloudburst, and that if any water flowed upon claimant's garden as the result of said storm it was not due to any negligence on the part of the City of Dubuque. I find no liability on the part of Special Session. A the City in connection with this claim, and recommend that the claim be disallowed. Respectfully submitted, AL J. NELSON, City Solicitor, Councilman Murphy moved that the recommendation of City Solic- itor Nelson be approved. Second- ed by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. August 26, 1938 Honorable Mayor and City Council, Dubuque, Iowa. Re: Claim of Mrs. Laura Bircher. Gentlemen: On June 15,, 1938, there was referred to me for in- vestigation and report, the claim of Mrs. Laura Bircher, in the sum of Five Hundred and no 100 ($500.00) Dollars, on account of damages and injuries sustained by her, as the result of her falling on the sidewalk on the South side of West Eleventh Street, on Wal- nut Street in the first alley West thereof, on April 24, 1938, said claim alleging said fall was due to the rough, broken and uneven con- dition of said sidewalk, as the re- sult of the defects therein. I have completed investigation of this claim and respectfully recom- mend that the claim be allowed in the sum of Seventy-five and no 100 ($75.00) Dollars, and that a war- rant payable to Ray Licklider, at- torney for Mrs. Laura Bircher, be drawn in the sum of Seventy-five and no 100 ($75.00) Dollars, and delivered upon the execution by the claimant of the enclosed receipt and release. Respectfully submitted AL J. NELSON, City Solicitor. Councilman Thompson moved that the recommendation of City Solicitor Nelson be approved and that a warrant in the amount of $75.00 be ordered drawn payable to Ray Licklider, attorney for Mrs, Bircher, as settlement in full of the claim of Mrs. Laura Bircher, Seconded by Councilman Van Duel man. Carried by the following vote: Yeas—Mayor Clark, Councilmer Murphy, Thompson, Van Duelman Wharton. Nays—None. August 30, 1938. Honorable Mayor and City Council Dubuque, Iowa. Gentlemen: Our State Legisla st 30th, 1938 199 ture in the extraordinary session of the Forty-fifth General Assem- bly, after passing enactments cre, ating a new retirement system for Policemen and firemen in cities of this State, which enactments were applicable to the City of Dubuque, amendments to the provisions of the statutes then in force relating to the pension system and pension funds in force prior to the adoption of the new retirement system and by these amendments provided that said cities shall levy sufficient tax. es to meet all the necessary obli. gations and expenditures of said Pension funds, and further provid- ed that such cities shall bind and obligate themselves to the individ. ual members of the police and fire departments of said cities contri. buting to the pension funds then in force, guaranteeing that the rate of contribution or payment of the individual member of said police and fire departments to said pen- sion fund shall not be increased, and also guaranteeing that the present and prospective rights and benefits provided for by said funds shall not be abridged or lessened, and also guaranteeing to all such contributors, and to their surviving dependents, all of the rights and benefits, present and prospective, as provided for by such pension systems, and that the obligation of each city for said rights and bene- fits shall be a direct charge upon the city. The amendments so made to the law in that session of the Legisla- ture also authorized each city to enter into a written agreement with the individual members of the police and fire departments, and the surviving dependents of the deceased members of said depart. ments, guaranteeing said rights and obligations of the city. It has come to my attention that no action has ever been taken by our city in this regard,, in conform- ity with the provisions of these amendments made to the statutes by this session of the Forty-fifth General Assembly. I believe, and am convinced that, although the statutes now in f once bind and obligate the City Du- buque in this respect, it would be for the best interest of the City, and would be conducive to the maintenance and advancement of the morale of both the police and fire departments of our city, for the city to enter into suchews agree- ment as is provided by re now in ch an and statutesIthe therefore, arespectfully force, and , submit herewith an Ordinance cov- 200 special Session, August 30th, 1938 ering this matter, and recommend Its adoption. Respectfully submitted, AL J. NELSON, City Solicitor. Councilman Van Duelman moved that the recommendation of City Solicitor Nelson be approved. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson,, Van Duelman, Wharton. Nays—None. ordinance No. 23-38 An Ordinance providing for writ- ten agreements between the City of Dubuque, Iowa, and members of the Police and Fire Departments of the City of Dubuque•, Iowa, who have contributed to the Pension Funds of their respective depart- ments, and the surviving depend- ents of the deceased members of said Police and Fire Departments who have so contributed; and pro- viding the form of written Certifi- cate of Agreement and the issu- ance and delivery thereof, as well as binding the City of Dubuque, Iowa, to carry out the terms and provisions of said Certificate of Agreement, presented and read. Councilman Van Duelman moved that the reading just had be con- sidered the first reading of the ordinance. Seconded by Council- man Wharton. Carried by the fol- lowing vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, 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: 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 con- sidered the second reading of the ordinance. Seconded by Council- man Wharton. Carried by the fol- lowing vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Ordinance No. 24-38 An ordinance granting to Spahn and Rose Lumber Company, own• ers, its successors and assigns, the right to construct and maintain areaways above the sidewalk level or surface in Washington Street and in East Eighth Avenue, adja. cent to and abutting the South one. half (S 1/2) of Lot Four Hundred Fifteen (415) in the town (now city) of Dubuque, Iowa; and pre- scribing the conditions of said per- mit, 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 Wharton. Carried by the follow. Ing vote•: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, 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: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None•. The ordinance was then read a second time. Councilman Duelman moved that the reading just had be considered the second reading of the ordi- nance. Seconded by Councilman Wharton. Carried by the follow- ing 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 Wharton. Carried by the follow- ing vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. J. J. SHEA, City Clerk. Adopted Attest: ... ..r.. ...`}�/7 JL4/....... City Clerk. ��JJ 4/P"j Regular Session, September 5th, 1938 201 City Council (Official) Regular Session,. September 5th, 1938. No members of the Council be- ing present on roll call the meet- ing was postponed subject to call. J. J. SHEA, City Clerk. Approved Adopted) �L Attest: ....^� City Clerk. City Council (Official) Adjourned Regular Session, Sep- tember 6th, 1938. Council met at 7:45 P. M. Present—Mayor Clark, Council- men Murphy, Thompson, Van Duel - man, Wharton, City Manager Rhomberg. Mayor Clark stated that this meeting is an adjourned meeting of the regular meeting of Septem- ber 5th, 1938, for the purpose of acting upon such business as may properly come before a regular meeting of the City Council. Councilman Wharton moved that .the rules be suspended for the purpose of allowing any one pre- sent in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. A new American Flag was pre- sented to the City Council by offi- cers and members of the Mary Agard Tent, Daughters of Union Veterans of the Civil War. Mayor Carl A. Clark accepted the flag on behalf of the City and extended the thanks of the City Council and other City officers for the gift. Mr. H. J. Hazewinkel, represent- ing the Dubuque Trades and Labor Congress, addressed the Council re- questing that union labor be em- ployed when possible on any Public Works Administration projects sponsored by the city government and also requesting that steps be taken to insure all possible safety measures in the construction of said work. Mayor Carl A. Clark stated, with all members of the Council agree- ing, that the Council would cooper- ate as far as possible under P. W A. regulations for the employment unionof labor projects spon- sored by the City of Dubuque. Mr. Frank Hardie, representing the Dubuque Poster Advertising request - Ing that rthe eordinances d the nbel changed in order to allow the erection of signs and signboards in various parts of the City of Dubuque. Council advised Mr• arth[that his request must be presented the Council in writiaddressed the Mr. Guy C• Sp Council requesting that the alley first west of Grandview Avenue 202 Adjourned Regular Session, September 6th, 1938 running between Perry Street and Bradley Street be graded. Councilman Van Duelman moved that the request be referred to the City Council to view the grounds. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas—Mayor Clark,, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Mr. Bart Kane addressed the Council making inquiry as to what action had been taken on their former petition in which they re- quested that the two blocks on Rush Street which were not taken care of when the other portion of the street was repaired, be given immediate attention as the dust is unbearable. Council advised Mr. Kane that they would view this request on Friday afternoon. Mr. Nick Grommersch addressed the Council requesting that Sabula Street be extended as asked for in a former petition and also that Valeria Street adjoining his pro- perty be repaired. Council advised Mr. Grommersch that they would view his requests on Friday afternoon. Petition of Robert E. Miller re- questing the City Council to view the grounds as to the vacation of Charles Street and also as to the sale of Lot 37 in South Park Hill Addition, presented and read. Mr. Nick Grommersch addressed the Council stating that he object- ed to the vacation of Charles Street as asked for in the petition of Mr. Robert E. Miller. Councilman Wharton moved that the petition be referred to the Council to view the grounds as re- quested. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of Ralph F. and Mrs. Howe requesting permission to use part of their home, with an addi- tion thereto, to serve as a small grocery store on their property known as 1028 Walnut Street and described as the northerly 68 feet Of Lot 15 and the northerly 68 feet of the westerly 36 feet of Lot 16 in Farley's Subdivision, present- ed and read. Councilman Thompson moved to refer the petition to the Planning and Zoning Commission for their recommendation and report. Sec- onded by Councilman Murphy. Car- ried by the following vote- Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of Grace S. Faig, refer- red to the City Council by the Board of Supervisors, requesting suspension of the 1937 taxes on Lot 1 of Sub. 1 of Bal, of City Lot 735 and Lot 1 of Sub. 1 of Pt. of City Lot 735A, presented and read. Councilman Murphy moved to refer the petition to the City So- licitor for investigation and report. Seconded. by Councilman Thomp- son. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of Wm. Olanosky re- questing an adjustment of the pen- alty charges on the delinquent spe- cial assessments levied against the North one-fifth and the North half of the North middle one-fifth of City Lot 442 for the paving of Cen- tral Avenue, presented and read. Councilman Murphy moved to re- fer the petition to the City Man- ager and City Treasurer for inves- tigation and report. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy,, Thompson, Van Duelman, Wharton. Nays—None. Petition of Mrs. Lawrence F. Dil- lon, et al, requesting the City Coun- cil to order the reconditioning and surfacing of the gutters on South- ern Avenue from No. 388 Southern Avenue to No. 248 Southern Aven- ue to the storm sewer opening, pre- sented and read. Councilman Thompson moved to refer the petition to the City Coun- cil to view the grounds. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy„ Thompson, Van Duelman, Wharton. Nays—None Resolution No. 88-38 RESOLUTION AND APPLICA- TION FOR TEMPORARY TRANSFER OF FUNDS Whereas, the City of Dubuque has established and is maintain- ing a Sinking Fund for the pur- pose of providing for the payment Of Water Works Bonds, principal and interest, as they respectively mature and there has accumulated in said fund as of August 30, 1938, the sum of $216,844,43, all of which has been realized from receipts in Adjourned Regular Session, September' 6th 1938 203 the operation of. such Water Works and not from the levy of any tax. es; and Whereas, there are outstanding Water Works bonds in the sum of $209,000.00, the maturities of which are as follows: On April 1st, 1939 ..............$39,000.00 On April 1st, 1940 .............. 35,000.00 On April 1st, 1941 .............. 40,000.00 On April 1st, 1942 .............. 32,000.00 On April 1st, 1943 .............. 35,000.00 On April 1st, 1944 ............. 28,000.00 and Whereas, there is more than suf- ficient money in said Sinking Fund at this time to pay all bonds, prin- cipal and interest, up to and includ- ing the bonds which mature in 1943; and Whereas, there has been execut- ed and filed an application on be- half of the City of Dubuque, to the United States of America, for a grant of $67,500.00 to aid in financ- ing the construction of necessary improvements to the Water Works System, at an estimated cost of $150,000.00, and Whereas, such application for a grant of $67,500.00 is conditioned upon the expenditure of $82,500.00 on the part of the City of Dubuque, Iowa, from the Water Works Gen- eral Fund, and Whereas, there is in said Water Works General Fund, as of August 30, 1938, the sum of $44,910.76, which amount is insufficient to fi- nance the 55 per centum of the proposed construction of improve- ment to the Water Works System, and also to maintain the Water Works Utility; now therefore, Be it resolved by the City Coun- cil of the City of Dubuque that subject to the approval of the State Comptroller, there be and there is hereby temporarily tranferred from the Water Works Sinking Fund to the Water Works General Fund the suns of $40,000.00 such sum to be used only for the pur- pose of paying costs of construc- tion of Improvements to the Water Works System as are required to be borne by said City pursuant to rules and regulations of the Emergency Administration of Pub- lic Works and that the Clerk and Auditor be,, and they are hereby directed to adjust their books to conform to such transfer. Be it further resolved that, the sum thus temporarily transferred be returned to the Water Works Sinking Fund on or before March 319t, 1940, partial payments to be made each lnontit from the reven- ues of the Water Works General Fund and such revenues are hereby irrevocably pledged for the purpose of repaying such temporarily trans- ferred funds. Passed, adopted and approved this 30th day of August, 1938. CARL A. CLARK, FRANI{ VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON, Attest: J. J. SHEACouncilmen. City Clerk. APPROVAL The above and foregoing Reso. lution and Application for Tempor- ary Transfer of Funds is hereby approved this 31st day of August, 1938, subject to the provisions above noted. C. B. MURTAGH, State Comptroller. Councilman Murphy moved that the approval of State Comptroller Murtagh be made a platter of rec. ord. Seconded by Councilman Thompson. Carried by the follow. ing vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Council Proceedings for the month of July, 1938, presented for approval. Councilman Thompson moved that the Council Proceedings for the month of July, 1938, be ap- proved as printed. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. ORDINANCE 22-38. An Ordinance amending Ordinance No. 3-34, Zoning Ordinance of the City of Dubuque, trIowa, and chang- ing the Zoning ap of the City of Dubuque, as provided for by said Ordinance 3-34, designatedas 'Zon- ing Ordinance of the City of Du- buque, 1'owa," by amending Section 1, 'Use Regulations of Article ple f saresid Ordinance No. 3-34, dente district, by adding thereto an additional paragraph prescribing an additional purpose for which build- ings within a certain prescribed area, in said nutitiple residence district, ntay be used and declaring an enter. gency, said ordinance having been passed upon first and second read- ings on August 30th, 1938, presented and read a third time. ORDINANCE 22-38, An Ordinance amending Ordinance No. 3-34, Zoning Ordinance of the City of Dubuque, Iowa, and chang- ing the Zoning map of the City aid Of Dubuque, as provided for by ordivance 3-34, designated a"Zoll- ofd Du - Ing Ordinance of the City buque, Iowa," by amending Section 1, Use Regulations of Article I IV f resi n Bence district, by Ordinance No. 3—adding thereto an 204 Adjourned Regular Session, September 6th, 1938 additional paragraph prescribing an additional purpose for which build- ings within a certain prescribed area, In said multiple residence district, may be used and declaring an emer- gency. WHEREAS, upon the recommenda- tion of the Planning and Zoning Commission, It is deemed advisablo by this Council to amend the 'Zoning Ordinance of the City of Dubuque, and change the zoning map of the City of Dubuque, provided for by Or- dinance No. 3-34, designated as, "ZONING ORDINANCE OF THE CITY OF DUBUQUE", by changing the zoning map of the City of Du- buque as provided for by the zoning ordinance of the City of Dubuque, Iowa, entitled, "Ordinance No. 3-34", by amending Section 1, Use Regulations of Article IV of said Or- dinance No. 3-34, multiple resi- dence district, by adding thereto an additional paragraph prescribing an additional purpose for which build- ings within a certain prescribed area in said multiple residence district may be used, and, WHEREAS, notice of such pro- posed change has been published as provided by law, and an opportunity has been afforded to all interested parties to object thereto at a public meeting held on August 30, 1938, and WHEREAS, certain tax -payers ap- peared at said meeting and filed and presented objections to said amend- ments and changes in said Zoning Ordinance, and Aere given an oppor- tunity to be heard upon said objec- tions, and, after a full and complete discussion, said objections were over- ruled and ordered received and filed. NOW, THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Paragraph 708, Section 1 That the Zoning Ordinance of the City of Dubuque. Iowa, designated as, "Ordinance 3-34", and the zoning map of the City of Dubuque, be, and the same are hereby amended and changed as follows: (a) By amending Section 1 of Ar- ticle IV, of said Zoning Ordi- nance relating to Use Regula- tions of multiple residence dis- tricts, and changing the zon- ing map to conform therewith, as follows: (1) By striking paragraph (i) of said Section 1 of Article IV of said paragraph, and inserting In lieu thereof, the following: "(1> Funeral Home and Mortuary within the following designat- ed multiple family residence districts in the area bounded by the North nrnnerty line of Dodge Street, and the Forth nronerty line of the North �w,- of Seventeenth Street and West Aeventeenth Street, an,l the West nronPrty Hne of the Int' ""a"nt to and ahuttin� the p nrl `IV 'l"P of Muff fitrPet. Pnd the V-st nrnnerty lin, of the lots ad,iaeent to and abut - tine the Easterly side of Cen- tral Avenue." (2) By adding to said Section I of Article IV, a new paragraph, designated as, paragraph (j), as follows: "(j) Accessory uses on the same lot customarily incident to any Of the above permitted uses." Paragraph 709, Section 2 This Ordinance being deemed urg- ent and of immediate necessity, shall be in force and effect from and after its final passage, adoption and ap- proval by the City Council, and pub- lication as provided by law. Passed upon first and second read- ings this 30th day of August, 1938. Passed, adopted andapproved this 6th day of September, 1938. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F. W. TI OMPSON. Attest: J. J. SHEA, City Clerk, Published officially in the Tele- graph -Herald newspaper, September 8th, 1938. J. J. SHEA, 9-8-1t City Clerk. Councilman Van Duelman moved the adoption of the ordinance. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Clark,, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. ORDINANCE NO. 23-38 An Ordinance providing for writ- ten agreements between the City of Iowa, and members of the Dubuque, Iow Police and Fire Departments of the dents of 1 partments who have so contributed: and providing the form of written Certificate of Agreement and the is- suance and delivery thereof, as well as bindng the City of Dubuque, Iowa, to carry gut the terms and pro- visions of said Certificate of Agree- ment, said Ordinance having been passed Augupon first and second readings on ust 30th, 1938, presented and ORDINANCE NO. 23-38 An Ordinance providing for writ- ten agreements between the City of Dubuque. Iowa, and members of the Police and Fire Departments of the City of Dubuque, Iowa, who have contributed to the Pension Funds of their respective Departments, and the surviving dependents of the deceased members of said Police and Fire De- partments who have so contribiited; and providing the form of written Certificate of Agreement and the is- suance and delivery thereof, as well as binding the City of Dubuque, Iowa, to carry out the terms and pro- visions of said Certificate of Agree- ment. WHEREAS, by the provisions of Section 19, of Senate File No. 295, enacted by the Forty -Fifth General Assembly, Special Session, of the State of Iowa (Chapter 75 of the Laws of the Forty -Fifth General As- sembly—Extraordinary Session), now compiled and designated as Section 6323 of the Code of Iowa of 1935, the provisions of which are applicable to the City of Dubuque, Town, the City of Dubuque is bound and obli- gated to guarantee that the rate of payment and contribution made by the individual members of the Po- lice and Fire Departments of the City of Dubuque, Iowa, to the re- N Adjourned Regular Session, September 6th, 1938 205 spective pension funds of said De- partments, prior to and at the time of the enactment and effective date of Section 19, of Senate File 295, designated as Chapter 75, of the Laws of the Forty -Fifth General As- sembly—Extraordinary Session, now compiled and known as Section 6323 Of the Code of Iowa of 1935, shall not be increased, and to guarantee that the present and prospective rights and benefits provided for by said respective pension systems, and by the provisions of Chapter 322 of the Code ting thereto,sha l not o beabridgedf 1931, rorales- sened, and to guarantee to all mem- bers of said respective Police and Fire Departments, so contributing. and to the surviving dependents of the deceased members of said De- partments who have so contributed, all of the rights and benefits• present and prospective, in such pension sys- tem, and, WHEREAS, by the provisions of said Chapter 75 of the Laws of the Forty -Fifth General Assembly—Ex- traordinary Session, now complied and designated as Section 6323 of the Code Of Iowa of 1935, the City of Dubuque is authorized to enter into an agree- ment, evidencing said guaranties and obligating said City to carry out the same, and, WHEREAS, it is deemed expedient and for the best interests of the City of Dubuque and for the maintenance and advancement of the morale of the members of the Police and Fire Departments of the City that said agreement be entered into, NOW, THEREFORE. BE iT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: PARAGRAPH 710, Section 1. That, in order to comply with the provisions of Chapter 75 of the Laws of the Forty -Fifth General Assem- bly—Extraordinary Session, compiled and codified as Section 6323 of the Code of Iowa of 1935, the provisions of which are applicable to the City of Dubuque. IOWA, an agreement shall be entered into by the City of Dubuque. Iowa, with each of the fol- lowing named persons who have con- tributed and/or are now contributing to the Firemen's or Policemen's Pen- sion Fund and/or surviving depend- ents of such contributors as deflned by Section 6318 of the Code of Iou:t of 1931, and amendments thereto. to -wit: Policemen and Women Now Con- tributing to the Pension Fund: Alt- man, Albert; Anthony, Paul: Andre- sen. Wilfred; Brady. John; Briet- haupt, Ernest; Callahan, Hugh: Car- roll, William; Connolly, Thomas: Daily, Edward; Deluhery. Erhvard Derreherry. John; Dolan. John; DO)'.' - hue, John: Ehlers, Nicholas; Giellis. John W.; Gilligan. George; Horsfall, Ray; Bane, Eldon: Livermore. Oscar: Lucas, Percy; Matz. Frank: Noel, Al- fred: Peters, Charles: Post, Charles; Stoltz, George; Stratton, `,William: Strub, Joseph: Sullivan. (,In once: Trentz. William; Voels. Fr • l: berg. Edward: Welu. Fdwnrd: LaVerne; Whitfield, Edwin: \Williaitls• Frank. Policemen and Women and Depend- ents of Deceased Policemen Now Drawing Pensions: Aitchison. Jntnes (Earl Aitchison, guardian); AiMhison. Robert (Earl AtteJtTson, gnardian): Campbell, Mrs. Catherine; Campbell. ,John James (Mrs. Catherine Camp- bell, gunrdian); Corcoran, Mrs. James; Dahl, Mrs. A.; Duggan, Thomas; Fox, Mrs. John; Fury, Pat- rick; Hlbbe, Mrs. Katherine; Lu- descher. Barney; . McInerney, Mrs. Patrick; O'Brien, Mrs. John; O'Con- nor, Alichael; Ratterman, Gus; Ryan, Mrs. Michael: Seyler• Fred; Truher, Charles: Spielman, John. Firemen Now Contributing to the Pension Fund: Bennett. Mayhew; Benzer, Lester; Blasor. \William: Brewer, Albert; Cahill. \lartin; Casey, Patrick; Corzine, Chalmers; Cos- grove. Harold: Davis. George: Donn - van, Louis; Dougherty, James; Flick, Elwood; Fury, Martin: Gibson, W,'il- liam; Goff, John: Hallahan. Leo; Han- ley, Terrance: Harker. David: Hick- son, Thomas; Mirgins. William: Hock- ing. Herhert: Huftill. Fred: Jaeger, Milton; Jochum, Charles; Kennnr lly, Frank: Kinsella. William: Kirch, Per- ry: Kluck, Vincent: Larson. Otto: Lonergan, Frank; Lorenz, Chester; McCann. John; McCoy. Joseph; Me - Manus. Patrick: Motseh Frank: Mur- ray. Thomas:'Mye•s. William: Noonan, John: O'Connor. James: Roberts, Cyril: Ryan. William: Schad'e. John: Slarht. Raymond; Rtafforl. John: Stolt. William- Tiernov, Lerly: \Valsh. John: ",pmett, T,onis: 'Vie - peke. Frerl: \i-nodn•ard. Ha­•ev. Firemen and Dependents of Deceased Firemen Now Drawing Pensions: Ahern, David; Baumgartner, Frank; Benzer, \irs. Joseph; Cain, Mrs. Henry: Carnahy, Mrs. 'William; Carnahv, Mary Jane (Mrs. 11'. Carna- hy, guardian); Connoll}•, Joseph; Tinley, 'N11". J. F.: Duey, William; Eitel. Mrs. Katherine; Fahey, Mrs. MartHeer,nAlbert, H pman, e Wrilliam keGeorge; oHu- hacher, Mrs. T]lmer; Kannolt, Wil- liam; Felly, Michael; Keppler, Jo- seph: Tiet»eal1S, 'irs. Maude; Mc- Dermott. Mrs. l;rhvard; \TrLean, Mrs. Agnes; Murphy, Mrs. Frnnk: O'Brien, Thomas: Ruder, Mrs. JuliaSweenley, John ; Smith, William; Michael. Paragraph 711, Section 2. There shall be printed Two Hundred (200) Certificates of Agreement to be worded as follows: Certificate of Agreement This indenture Is tocertteyCount the City of Dubuque, tv Iowa, by ordinance passed and adopted by the City Council on the day of September, 1938, as theh 3 of Code of Io vats section J G32here acknowledges and recogn�`e` it g de - the of pendent,(widow or child) or, (strikeout retired phrase not applicable as an active contributor to the deceased Policemen's said City, Firemen's Pension Fund of said and the said City ngrees that in future sideration of such Past and/Salary, of payments made fromirlthension fund said contributor to trosi1frtive bene - and the present and said pension sys- fits provided for h)' shall tem. the sail City of hul�I 1,l be and berehY is Lnmrd- I ttconitri ute° to carry out yysurcicing dependennf and/ot' her/his[eCtinn c31Q, Code as defined in l,enetit Iowa of 1931 and Pm -p"c<and Retired the Present D1Gabled provided In the 206 Adjourned Regular Session, September 6th, 1938 Firemen and Policemen statutes of the State of Iowa, recited in Chapter 322, Section 6310 to 6323, inclusive, Code of Iowa of 1931, as amended by We Acts of the Forty-fifth General Assembly, Regular and Special Ses- sions, guaranteeing that the rate of said payments by said contributor shall not be increased and that said present and prospective rights and benefits shall not be abridged nor lessened, and that said rights and benefits shall be a direct charge on said City. Dated at Dubuque, Iowa, this — day of —11938. CITY OF DUBUQUE, By Mayor. ATTEST: City Clerk. I hereby certify that the records of the Fire Department which are in my Police custody, care and control as Secre- tary of said Department, show the following as to the time of service of -- as a member of said department: Secretary Dubuque Police Department Fire Paragraph 712, Section 3 One such certificate properly num- bered and filled in to include the name of the contributor or of the surviving dependent as the case may he, and specifying the fund to which payments were or are now being made, shall be issued to each con- tributor hereinabove named, or if such contributor be deceased, then to his surviving dependent or depend- ents, if any, hereinabove named. Paragraph 713, Section 4 The City of Dubuque, Iowa is and shall be bound to carry out and to comply with all the terms and pro- visions of said certificate hereinabove provided for. Paragraph 714, Section 5 This Ordinance shall be in force and effect ten (10) days from and after its final passage, adoption and approval by the City Council, and publication as provided by law. Passed upon first and second read- ings this 30th day of August, 1938. Passed, adopted and approved this 6th day of September, 1938. CARL A. CLARI{, Mayor. FRANI{ VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON, ATTEST: J. J. SHEA, Councilmen. City Clerk. Published officially in the Tele- graph -Herald newspaper on the 8th day of September, 1938. J. JSHEA, 9-8-1t City C.lerk. Councilman Van Duelman moved the adoption of the ordinance. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. , Nays—None. Ordinance No. 24-38 An ordinance granting to Spahn and Rose Lumber Company, own- ers, its successors and assigns, the right to construct and maintain areaways above the sidewalk level or surface in Washington Street and in Hast Eighth Avenue, ad- jacent to and abutting the South one-half (S 1/2) of Lot Four Hun- dred Fifteen (415) in the town (now city) of Dubuque, Iowa; and prescribing the conditions of said permit, said ordinance having been passed upon first and second read- ings on August 30th, 1938, present- ed and read a third time. ORDINANCE NO. 24-38 An ordinance granting to Spahn and Rose Lumber Company, owners, its successors and assigns, the right to construct and maintain areaways above the sidewalk level or surface in Washington Street and in East Eighth Avenue, adjacent to and abutting the South one-half (Sih), of Lot Four Hundred Fifteen (415) in the town (now city) of Dubuque, Iowa; and prescribing the conditions of said per- mit. Be it ordained by the City Council of the City of Dubuque: PARAGRAPH 715, Section 1 That Spahn and Rose Lumber Com- pany owners, its successors and as- signs, be, and they are, hereby grant- ed the right and authority to con- struct and maintain an areaway in Washington Street abutting the South one-half (S%) of Lot Four Hundred Fifteen (415) in the town (now city) of Dubuque, Iowa, said areaway to extend into said street from the build- ing upon said lot to the West curbing of Washington Street, and said area- way to be built or erected at a heighth of not less than twelve (12) inches, or more than twenty-four (24) Inches above the sidewalk level or surface of said street at said point, said areaway to be built of concrete and covered with an iron or steel grille, with a suitable or proper ramp extending from the top of said area- way to the sidewalk level on both the North and South sides of said areaway, the same to be used in con- nection with the use of the building upon said lot by the owners thereof, said structure to be built under the supervision of the Building Commis- sioner of the City of Dubuque, Iowa. PARAGRAPH 716, Section 2 That Spahn and Rose Lumber Com- pany, owners, its successors and as- signs be, and they are hereby granted the right and authority to construct and maintain two areaways in East Eighth Avenue, abutting the South one-half (S%) of Lot Four Hundred Fifteen (415) in the town (now city) of Dubuque, Iowa, each of said area- ways to extend into said East Eighth Avenue for a distance of not more than two feet (2 ft.) from the build- ing upon said lot, and each areaway to be five feet (5 ft.) in length and to extend above the level or surface of the sidewalk on the North side of East Eighth Avenue, a distance of eighteen (18) inches, said areaway to be built of concrete and covered with an iron or steel grille, and with a suitable or proper iron railing above said areaway, extending around the same and connecting with the build- ing upon said lot, said areaways to be used in connection with the use of said buildings upon said lot, and to be built under the supervision of the 13 D Adjourned Regular Session, September 6th, 1938 207 Building Commissioner of the City of construct and maintain areaways Dubuque, Iowa. 717, Section 3 above the sidewalk level or surface In Washington Street and in East PARAGRAPH It is Understood and provided that Eighth Avenue, adjacent to and abutting the South one-half (Sih), such rig ht, license and permission, as hereinabove given in Sections 1 and of Lot Four Hundred Fifteen (415), in the town (now city) of Dubuque, 2 hereof to use said Washington Street and East Eighth Avenue for Iowa;" this 12th day of September, 1938. said areaways, is subject to the con- of the City Council of SPAHN & ROSE LUMBER COM- 'ANY, tinuous control the City of Dubuque, reserving the Owner, By G. D. ROSE, right in said City Council of the City to impose such renoy- president. of Dubuque tions or conditions upon the enjoy- By THOS. MAXWELL, Secretary. ment thereof as may be reasonably for the protection of the Published officially in the Tele - necessary, interest, including the right graph -Herald newspaper on the 14th day of September, 1938. public to revoke and rescind such permis- time the public in- J. J. SHEA, sion, if, at any terests should require such revocation. City Clerk. 9-14-1t If, and when, such permit, right or is revoked by said City Coon- Councilman Nan Duelman moved license, cil, said owners, its successors and the adoption of the ordinance. Sec- assigns shall remove said areaways their own expense, and re onded by Councilman Thompson, at its or store such part of said Washington Carried b the following vote: Y g Street or East Eighth Avenue as has Yeas—Mayor Clark, Councilmen been theretofore occupied to the same Murphy, Thompson, Van Duelman, condition said streets were in prior the construction of said areaways. Wharton. to PARAGRAPH 718, Section 4 Nays—None. August 30, 1933. Said Spahn and Rose Lumber Com- its successors and assigns, To the Honorable Mayor and City pany, shall agree, as a condition to the Council, granting of the permit and privilege Dubuque, Iowa. herein granted, and shall guarantee by the acceptance of the terms here- Gentlemen: The matter of at of, to fully protect and save the City taclled petition of Charles Miller of Dubuque harmless as to any claims, requesting vacation of Charles damages, or liabilities of any kind Street which was referred to the which may arise because of the con- struction and maintenance of said Planning and Zoning Commission areaways, and any and all claims, on August 17th by your honorable damages or liabilities that may arise body received attention at a spe• y or be incurred by reason of the grant- ing of the privileges herein made, and tial meeting of the Commission in any suit which may arise or be in- August 29th and 30th. stituted because of said areaways, After due consideration, the Plan, said Spahn and Rose Lumber Com- ning and Zoning Commission wish - pany, its successors and assigns, shall, at the direction of said City of Du- es to recommend to the City Coun- buque, make all necessary defense cil denial of said petition of to said suit, and fully indemnify said Charles Miller. city for any expenses or liabilities to which said City of Dubuque may be Tite Commission agrees that subjected because of said suit. Charles Street, between Broad - PARAGRAPH 719, Section 5 way Extension and Muscatine a necessary street, This ordinance shall be in force and effect ten (10) days from and Street, is not but until such time as the City after its final passage, adoption and has plans for development of the approval by the City Council, and a Purchaser for the land publication, as provided by law, and to area or together with the the rights hereunder shall accrue the said Spahn and Rose Lumber to be Vacated triangular city property directly Company, its successors and assigns,go there is no reason °the when the provisions hereof have been south, of changing accepted by them. to the expense Passed upon first and second read- ings this 30th day of August, 1938. ordinance. bmitt Respectfully submitted, Passed, adopted and approved this R. V. M Secy, 6th day of September, 1938. CARL A. CLARK, Mayor. Planning and Zoning Commission. moved that FRANK VAN DUELMAN, Councilman Murphy ALBERT WHARTON, of the Planning GEO. R. MURPHY, the communication be refer. F. W. THOMPSON, Councilmen.red and Zoning Conunission Second - City Council. Second - Attest: J. J. SHEA to the Car, by Councilman Thompson. City Clerk. ACCEPTANCE BY OWNER ed vied by the follc,,.ing vote: Councilmen Spahn and Rose Lumber Company, Yeas—Mayor Clark, Van Duelman, a corporation, owner in fee of Lot Four Hundred Fifteen (415) in the Murphy, Thompson, town (now city) of Dubuque, Iowa, does hereby accept the terms, pro- Wharton. Nays—None. August 30, 1935. visions and conditions of the ordin N[ayor and City ante adopted by the City Council of To the Honorable the City of Dubuque, designated as: "Ordinance Council, No. 24-38. An ordi- nance granting to Spahn and Rose Dubuque, Iowa Special meet Lumber Company, owners, its suc- Centlenten: A t a cessors and assigns, the right to 208 Adjourned Regular Session, September 6th, 1938 Ing of the Planning and Zoning Patrick R. Kennedy, (Renewal), Commission held August 29th, it 2412 Central Avenue. was unanimously agreed to recom- Viola Grode (Renewals), 1643 mend to your honorable body the Central Avenue. approval of the Memorial Building Geraldine Spielman & Frank project as planned by the Joint Spielman, (Renewal), 1464 Central Memorial Building Committee pro- Avenue. vided that it conforms to the Com- prehensive City Plan which has al- Margaret g (Transfer ready been adopted by ordinance of address from 241 Main Street), and with special reference to the 428 West Locust Street. insert of Page 10 and accompany- Passed, adopted and approved Ing references of said plan. this 6th day of September, 1938. Respectfully submitted, CARL A. CLARK, R. V. McKAY, Secy, Mayor. Planning and Zoning Commission. FRANK VAN DUELMAN, Councilman Murphy moved that ALBERT WHARTON, the communication of the Planning GEO. R. MURPHY, and Zoning Commission be re- F. W. THOMPSON, ceived and filed. Seconded by Councilmen. Councilman Thompson. Carried by Attest: J. J. SHEA, the following vote: City Clerk. Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Councilman Van Duelman moved Wharton. the adoption of the resolution. Nays—None. Seconded by Councilman Thomp- Communication of Board of Dock son. Carried by the following Commissioners advising Council vote: Yeas—Mayor Clark, Council - that they are in receipt of a letter men Murphy, Thompson, Van Duel - from Mr. H. B. Armour, Director man, Wharton. Nays—None. of Division Operation, Works Pro- Administration,. Des Moines, Resolution No. 93-38 in w in which he deems it very urgent Whereas, heretofore applications that the City acquire as soon as were filed by the within named ap- possible all property upon which plicants for Class "B" Beer Per - the present W, P. A. river front mits and they received the ap- improvement is now operating, pre- proval of this Council; and sented and read. Whereas, the premises to be oc. Councilman Thompson moved to cupied by them have been inspect - refer the communication to the ed and found to comply with the City Council. Seconded by Coun- ordinances of this City and they ellmen Wharton. Carried by the have filed a proper bond: Now, following vote: therefore, Peas—Mayor Clark,, Councilmen Murphy, Thompson Van Duelman, Be it resolved by the Council of Wharton. the City of Dubuque that the Man - Nays—None. ager be and he is hereby directed to issue to the following named Resolution No. 92-38 persons a Beer Permit. Whereas, applications for Class CLASS "B" PERMIT "B" Beer Permits have been sub- matted to this Council for Loyal Order of Moose, Dubuque approval and the same have been examined: Lodge No. 355, (Renewal), 1379 Now, therefore, Central Avenue. resolvedBe it h of Gust Billis, (Renewal), 605 Main St the City of Dubuque fol- lowing applications be John A. Armstrong, (Renewal), and the same are hereby approved and it is ordered that 398 Main Street, George Nardin, (Renewal), 1105 the premises to be occupied by such applicants Julien Avenue. shall be forthwith inspected: Patrick R. Kennedy, (Renewal), 2412 Central Avenue. CLASS "B" PERMIT Viola Grode, (Renewal), 1643 Loyal Order of Moose, Dubuque Central Avenue. Lodge No. 355 (Renewal), 1379 Central Avenue. Geraldie Spielman, (Renewal), 1464 Central Gust Billis, (Renewal), 605 Main Street. Avenue. Mrs. Margaret O'Brien (Transfer John A41 . Armstrong, (Renewal), Ma in Street), 428aWestddressLocust from2Str 398 Main Street. et George Nardin, (Renewal), Julien Avenue. ) 1105 Be it further resolved that the bonds filed by such applicants be and the same are hereby approved. Adjourned Regular Session, September 6th, 1938 209 Passed, adopted and approved Twenty-seven B (27B) this 6th day of September, 1938. Wood's Addition to the CARL A. CLARK, City of DP. buque, Iowa, for the consideration Mayor. VAN AN DUELMAN, of Four Hundred ($40000) Dollars, and no/100 . ALBERT N, ne Hundred ($100.00) DollarsbuponO GE O. R. MURPHYMURPHY,, the signing and deliveringof F. W. THOMPSON, Councilmen. o tract, and the balance of Thre Attest: J. J. SHEA, Hundred ($300.00) Dollars with in. terest thereon at the City Clerk. rate of five (5) per cent per annum, Councilman Murphy moved the adoption of the resolution. Second Payable twelve (12) Installments ofaTwen ed by Councilman Thompson. Car- ty($25.00) Dollars, each and, Whereas, Whereas, the ried by the following vote: Yeas said Harold Neu- bauer, purchaser under -Mayor Clark, Councilmen Mur- phy, Thompson, Van Duelman, contract of said property, has heretofore paid Wharton. to the City of Dubuque all of the Nays—None, consideration recited in said con. September 6, tract, and all of the purchase price Honorable Mayor and City Council, of said property together with in. Dubuque, Iowa. terest as provided in said contract, Gentlemen: My attention has been called to the fact that HaroldWhereas, and said land contract so Neubauer, purchaser of Lot twenty. entered into provided by its terms seven B (27B) of A. P. Wood's Ad- that upon payment of said pur- dition to the City of Dubuque, chase price together with interest Iowa, under a land contract enter- by said purchaser, the City of Du - ed into by and between him and buque would make, execute and de - the City of Dubuque, has com- liver to said purchaser, Harold pleted all payments specifled in Neubauer, a quit claim deed con - said contract, together with inter- veying all right, title and interest est thereon, and that said pur- in said premises to the said Har - chaser is now entitled to a quit old Neubauer, purchaser. Now, therefore, Be It Resolved, claim deed from the city as spec- that the City Council of the City ifled In said contract. I am, therefore, enclosing here- of Dubuque, by Carl A. Clark. Mayor, and J. J. Shea, Clerk, re- with a resolution authorizing the spectively, of the City of Dubuque, execution and delivery of a quit be authorized, and they are hereby claim deed, to Harold Neubauer. directed to make, execute and de. I would recommend the adoption liver on behalf of the City of Du - of the resolution, and the execu- buque, Iowa, to Harold Neubauer, tion and delivery of the deed here. a quit claim deed conveying and with enclosed. transferring to the said Harold Respectfully submitted, Neubauer, all the right, title and AL. J. NELSON, interest to said City of Dubuque, City Solicitor. in and to Lot Twenty-seven B Councilman Murphy moved that (27B) of A. P. Wood's Addition the recommendation of City Solic- the City of Dubuque, Iowa, accordd- itor Nelson be approved. Seconded ing to the recorded plat thereof. by Councilman Thompson. Carried Be It Further Resolved by Said by the following vote: City Council, that the City Auditor Yeas—Mayor Clark, Councilmen of the City of Dubuque and Murphy, Thompson, Van Duelman, r - is is hereby authorized to issue war - Wharton. rant for the purchase of the re- Nays—None. quired documentary stamp for said Resolution No. 94-38. deed. and approved Whereas, pursuant to authority Passed, adopted, day of September, 1935. given by resolution of the City this 6th Council of the City of Dubuque, CARL A. CLARK, adopted on the 23rd day of Septem- Mayor. ber, 1937, the Mayor and City Clerk FRANK VAN Dt ELILA`, of the City of Dubuque, did enter ALBERT 11"1-1ARTON, Into an agreement and executed a GEO. R. IlvizrHl-, land sales contract with one Har- F W. THOIIPSOti. old Neubauer, purchaser, by the Councilmen, terms of which contract said City fittest: J. J. SHEA. of Dubuque, sold under contract to City Cler]c. the said Harold Neubauer, Lot 210 Special Session, September 8th, 1938 Councilman Thompson m o v e d the adoption of the resolution. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. There being no further business, Councilman Murphy moved to ad- journ. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. J. J. SHEA, City Clerk. Approved Adopted/ Attest: .........,.. City Clerk. City Council (Official) Special Session, September 8th, 1938. Council met at 7:05 P. M. Present—Mayor Clark, Council- men Murphy, Thompson„ Van Duel - man, Wharton. Meeting called by order of Coun- cilmen Van Duelman and Thomp- son. Mayor Clark read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of acting upon petitions requesting the City Council to call a Special Election to vote upon the follow- ing proposition: "Shall the City of Dubuque, Dubuque County, Iowa, is- sue bonds in the sum of $230,010.00 to cover the expense of the erect- ing and equipping of a Memorial Building under the Provisions of .Chapter 33 of the Code of Iowa of 1935 and Amendments thereto?" and acting on any other business as may properly come before a regular meeting of the City Coun- cil. isetitions containing the signa- tures of 2,594 qualified electors of the City of Dubuque, Dubuque County, Iowa, requesting the City Council to call a Special Election and to submit to the electors of the City of Dubuque,, to be voted upon by them at said Special Elec- tion the following proposition: "Shall the City of Dubuque, Du- buque County, Iowa, issue bonds in the sum of $230,010.00 to cover the expense of the erecting and equip- ping of a Memorial Building under the Provisions of Chapter 33 of the Code of Iowa of 1935 and Amend- ments thereto?" presented and read. Councilman Van Duelman moved to refer the petitions to the City Council for the purpose of deter- mining the sufficiency thereof both as to form and number of signa- tures. Seconded by Councilman Wharton. Carried by the follow- ing vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 95-38 Whereas, on the 8th day of Sep- tember, 1938, there was filed in the office of the Clerk of the City of Dubuque, Iowa, a number of pe- titions purporting to contain the names of 2594 electors of the City of Dubuque, requesting therein that the following proposition be Special Session, September 8th, 1938 211 submitted to the electors of said of Iowa of 1935, and amendments city of Dubuque, at a special elec- thereto?" tion to be called therefor, to -wit: Be it further resolved, that the "Shall the City of iDubuque, sin directed Clerku- City be, and he is, hereby buque County, prepare notice of said the sum of $230,010.00, to cover election and cause the same to be the expense of the erecting and published in a newspaper publish - equipping of a memorial building ed in the City of Dubuque, Iowa, under the provisions of Chapter once each week for four (4) con - 33, of the Code of Iowa of 1935, secutive weeks, the last publica- and amendments thereto?" and, tion to be not less than five (5), or Whereas, such petitions were re- more than twenty(20) days prior ferred to the City Council for the to such election. purpose of determining the suffi- Be it further resolved that the ciency thereof, both as to form and City Clerk be, and he is, hereby the number of signers thereon; directed to prepare the necessary and, ballots to be used at said election, Whereas, a canvas of said peti- and to do all other things required tions within the limit of time al- by law for the holding of said spe- lowed discloses that said petitions tial election, in the manner and were signed by more than ten (10) form as required by law. per cent of the qualified electors Passed, adopted and approved, of the City of Dubuque, Iowa, as this 8th day of September, 1938. shown by the poll list in the last CARL A. CLARK, preceding regular municipal elec- Mayor. tion; and, FRANK VAN DUELMAN, ALBERT WHARTON, Whereas, the City Solicitor has GEO. R. MURPHY, advised this council that the peti- F. W. THOMPSON, tions are in substantial compliance Councilmen. with the statute and contain a suf- Attest: J. J. SHEA, ficient number of signatures to City Clerk. comply with the law; and, Councilman Murphy moved the Whereas, said petitions have adoption of the resolution. Second - been filed with the distinct under- ed by Councilman Thompson. Car - standing that the cost of erecting ried by the following vote: and equipping said Memorial Build- Yeas—Mayor Clark, Councilmen ing is to exceed the sum of $230,- Murphy,, Thompson, Van Duelman, 010.00, the amount of the bonds Wharton. Nays—None. proposed to be issued•, and will There being no further business approximate the sum of $418,- Councilman Murphy moved to ad. 200.0:0, and that the excess of said journ. Seconded by Councilman cost over and above the amount Thompson. Carried by the follow - of bonds to be issued in accord- ing vote: ante with the proposition to be Yeas—Mayor Clark, Councilmen submitted at said election is to Murphy, Thompson, Van Duelman, constitute an award or advance- Wharton. Nays—None. ment from the Public Works Ad- J. J. SHEA, ministration of the United States City Clerk. Government, and that it is with W. this understanding that said pe- Approved •0°,1.8..193 . titions are submitted to this Coun- a til; Adopted 81938. Now, therefore: Be it resolved by the City Coun- cil of the City of Dubuque: That a special election of the electors of the City of Dubuque, Iowa be held on the 6th day of Councilmen. October, 1938, at which election there shall be submitted to said electors to be voted upon by them i at said election, the following • ••• •• ..• �...... proposition:..,. "Shall the City of Dubuque, Du- Attest:' City Clerk. buque County, Iowa, issue bonds V in the sum of $230,010.00 to cover expense of erecting and equipping a Memorial Building under the pro- visions of Chapter 33, of the Code 212 Special Session, September 20th, 1938 City Council (Official) Special Session, September 20th, 1938. Council met at 2:30 P. M. Present—Councilmen M u r p h y, Thompson, Van Duelman, Wharton, City Manager Rhomberg. Absent—Mayor Clark. Meeting called by order of Coun- cilmen Van Duelman and Wharton. Councilman Wharton moved that Councilman Murphy be appointed Mayor Pro Tem of the meeting. Seconded by Councilman Van Duel - man. Carried by the following vote: Yeas — Councilmen Thompson, Van Duelman, Wharton. Nays—None. Absent—Mayor Clark. Councilman Murphy not voting. Mayor Pro Tem Murphy read the call and stated that service there. of had been duly made and that this meeting is called for the pur- pose of considering the petition of the Trustees of the property of the Chicago, Milwaukee, St. Paul & Pa- cific Railroad Company requesting the vacation of certain streets and alleys and acting on any other bus- iness as may properly come before a regular meeting of the City Coun- cil. Original Notice of Suit of Orland Driscoll in the amount of $75.00 for Personal injuries resulting from an automobile accident caused by a collision with an excavation in the street adjoining a manhole about 200 feet south of Barrett's store on Southern avenue, presented and read. Councilman Thompson moved to refer the Original Notice of Suit to the City Solicitor. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Pro Tem Murphy, Councilmen Thompson, Van Duel - man, Wharton. Nays-1T&e. Absent—Mayor Clark. Original Notice of Suit of Dan Heitz in the amount of $35.00 for damages sustained to his car caused by a collision with an ex- cavation in the street adjoining a manhole about 200 feet south of Barrett's store on Southern avenue, presented and read. Councilman Thompson moveq to refer the Original Notice of Suit to the City Solicitor, Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Pro Tem Murphy, Councilmen Thompson, Van Duel - man, Wharton. Nays—None. Absent—Mayor Clark. Notice of Claim of Osweiler Van Service in tope amount of $80.00 for damages to their truck caused in striking a tree on Merz Street, presented and read. Councilman Thompson moved to refer the Notice of Claim to the Park Board for investigation and report. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote: Yeas—Mayor Pro Tem Murphy, Councilmen Thompson, Van Duel. man, Wharton. Nays—None. Absent—Mayor Clark. Communication of Local Chapter, No. 9, of Iowa State ,Policemen's Association thanking the City Council for the passage of the or- dinance which guarantees to them and their beneficiaries the pensions now established by law, presented and read. Councilman Van Duelman moved that the communication be re- ceived and filed. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Pro Tem Murphy, Councilmen Thompson, Van Duel - man, Wharton. Nays—None. Absent—Mayor Clark. Petition of Mrs. Lena Heer et al. requesting the City Council to in- vestigate the condition of the wood sheds on the Jerry Walser Estate at 357 East 12th Street, presented and read. Councilman Van Duelman moved to refer the petition to the City Manager and Building Commission- er for investigation and report. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Pro Tem Murphy, Councilmen Thompson, Van Duel - man, Wharton. Nays—None. Absent—Mayor Clark. Petition of Dubuque Musician's Protective Association requesting Permission to hang a banner across Main Street, presented and read. Councilman Van Duelman moved that the request be granted. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Pro Tem Murphy, Councilmen Thompson, Van Duel - man, Wharton. Nays—None. Absent—Mayor Clark. Petition of Senior High School Special Session, September 20th, 1938 213 requesting permission to hang a attached petition of Mr. and Mrs. banner across Main Street, pre- Ralph Howe, referred to Planning 'Zoning sented and read. & Commission by you City Manager Rhomberg advising on September 12th, asking revision Council that on account of no of Zoning Ordinance so they may con. Council meeting being scheduled duct a grocery store on, their that he had granted the request. property at 1028 Walnut Street, Councilman Van Duelman moved the Planning & Zoning Commission that the action of City Manager hereby recommends to your honor. Rhomberg be approved. Seconded able body that the present local by Councilman Wharton. Carried business district extending 100 feet by the following vote: west, and 100 feet east of Walnut Yeas—Mayor Pro Tem Murphy, Street on Julien Avenue and back Councilmen Thompson, Van Duel. to a line corresponding with the Wharton. center of Jefferson Street be ex. man, Nays—None. tended northward along the east Clark. side of Walnut Street to the mid- Absent—Mayor Petition of Disabled Veterans of dle of alley between Jefferson World War requesting permission Street and West Eleventh Street and to a depth of approximately to conduct the annual Forget-Me-100 Drive on Saturday, October 8, feet east of Walnut Street. Not 1938, presented and read. (See plat attached.) This slight extension of an ex- Councilman Van Duelman moved isting local business district is not that the request be granted. Sec- considered objectionable by the onded by Councilman Wharton. Commission being what may natur- Carried by the following vote: ally be expected with further Yeas—Mayor Pro Tem Murphy, Van Duel- growth of the residence district to Councilmen Thompson, be served by this local business man, Wharton. district. This area is now a blight- Nays—None. ed residence one, and the trend Absent—Mayor Clark. will be toward local business in Pet?tion of Anne T. Spensley, the future. Agent, for Maria R. Spensley, Anne R. V. McKAY, Secretary, T. Spensley and Mary Alice Weir Planning & Zoning requesting an agricultural exemp- Commission. tion on Mineral Lot 138 for the Councilman Van Duelman moved years 1937 and 1938, presented and to suspend the rules for the pur- read. pose of allowing any one present Councilman Wharton moved to in the Council Chamber, who wish- refer the petition to the City So- es to do so, to address the Council. licitor for investigation and report. Seconded by Councilman Thomp. Seconded by Councilman Van Duel- son. Carried by the following man. Carried by the following vote: vote: Veas—Mayor Pro Tem Murphy, Yeas—Mayor Pro Tem Murphy, Councilmen Thompson, Van Duel- Councilmen Thompson, Van Duel- man, Wharton. man, Wharton. Nays—None. Nays—None. Absent—Mayor Clark. Absent—Mayor Clark. Mrs. Ralph Howe ad, Petition of W. J. Spensley et al. Mr. and dressed the Council stating that if requesting that the Alley between the Zoning Map is amended and Asbury and Finley on C h e, r r y Street to the alley between Cherry changed as requested by them that they intend to have all deliveries Street and Green Street be graded, made in the alley. presented and read. v e Councilman Thompson moved Councilman Wharton moved to the recommendation the refer the petition to the City Conn- that "1of and Zoning ell to view the grounds. Seconded Planning a matter of record and by Councilman Van Duelman. Car- be made nstruct- the City Solicitorproper proceed- ried by the following vote: that to prepare the Yeas—Mayo• Pro Tem Murphy, ed by Councilman Seconded Councilmen Thompson, Van Duel- ings. Carried by the follo��ing man, Wharton. Wharton. Nays—None. vote: Murphy, Pro Tem an Absent—Mayor Clark. Yeas—Mayor Duel- Thompson, September 13, 1938. Councilmen «'harton. To the Honorable Mayor and City man, Council, Dubuque, Iowa. Nays—bone. Absent—Mayor Clark. Gentlemen: With reference to 214 Special Session, September 20th, 1938 September 12, 1938. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the session of the City Council, held September 6, 1938, the petition of William Olan- osky requesting an adjustment on delinquent special assessments on the N. 1/5 of the N. % of the N. M. 1/5 of City Lot 442 for the pav- ing of Central Avenue, known as Fund 879,, was referred to the City Manager and the City Treasurer for investigation and report. We wish to reply that we have examined the status of this fund and recommend that your honor- able body instruct the C o u n t y Treasurer to accept the principal amount owing plus interest and advertising costs, to dates of pay- ment, thereby waiving the pen- alties. Very truly yours, A. A. RHOMBERG, City Manager. O. F. PULS, City Treasurer. Councilman Wharton moved that the recommendation of City Man- ager Rhomberg and City Treasurer Puls be approved and that the County Treasurer be instructed ac- cordingly. Seconded by Council- man Van Duelman. Carried by the following vote: Yeas—Mayor Pro Tem Murphy, Councilmen Thompson, Van Duel - man, Wharton. Nays—None. Absent—Mayor Clark. September 20, 1938. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I am submitting herewith reports of the City Audi- tor, City Treasurer, and City Wa- ter Department for the month of August, 1938, also a list of claims and list of payrolls for which war- rants were drawn during the month of August, 1938. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Van Duelman moved that the reports be received and Placed on file. Seconded by Coun- cilman Thompson. Carried by the following vote. Yeas—Mayor Pro Tem Murphy, Councilmen Thompson, Van Duel - man, Wharton. Nays—None. Absent—Mayor Clark, September 20, 1938. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: On September 91 1938, the City Council viewed the grounds on a number of petitions and requests throughout the city. The situation viewed and the de- cisions of the Council are as fol- lows: 1. Charles Street—Council were favorable to the vacation of Charles Street if the sale of the city owned Lot 37 of South Park Hill Add, can be effected. 2. SabuIa Street—Council saw no present need of connecting Sa- bula and Burlington Streets. 3. Millville Road, or West 32nd Street—Council decided that the low spots be raised with rock fill. 4. Stine Street—Council agreed that Stine Street and the alley con- necting it with Merz Street be put in passable shape. 5. Valeria Street—Council saw no present need of extending the grading and curbing. 6. Abbott Street—Council felt that the cost of extending Abbott Street to Seminary Street would be too high considering the pos- sible benefits and agreed that two (2) blocks of Lowell Street should be reconditioned. 7. St. Ambrose Street—Council found the work already completed as requested. 8 Hazel Street—Council found the work already completed on that part of the street where there are residents. 9. Extension of Platt Street to Cardiff Street — Council decided that the cost would be excessive In relation to possible benefits; Council discussed the possibility of improving the alley first west of Cardiff Street to provide relief to traffic from icy conditions in winter. 10. Alley first west of Grand- view Avenue from Perry to Brad- ley—Council suggested that levels be run and a grade established, but could see no way to relieve the condition complained of due to the natural water way at the site. 11. Rush Street—Council agreed that Rush Street be oiled from Holly Street to Apple Street. 12. Southern Avenue—Council found drains from homes empty- ing into the gutters, but felt that some reconditioning be done to gut- ters and shoulders of the street. 13. Eighteenth Street at Syca- more Street—Council agreed that holes in the street be filled. cial Session, September 20th, 1938 215 14. Alley to south of Merz Street, first east of Stafford—Coun- cil found alley impassable and dan- gerous and ordered it barricaded at both ends accidents.to prevent It is my recommendationthat the actions of the City Council on September 9, 1938, be approved and confirmed. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Wharton moved that the various decisions of the City Council on the above mentioned requests and petitions be approved. Seconded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Pro Tem Murphy, Councilmen Thompson, Van Duel - man, Wharton. Nays --None. Absent --Mayor Clark. September 20,. 1938. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the meeting of the City Council held September 6, 1938, the petition of the Chi- cago, Milwaukee, St. Paul and Pa- cific Railroad Company for the vacation of certain streets and' al- leys in Railroad Addition and in Wiltse's Dubuque was referred to the Council to view the grounds. On September 9th the Council did so view the grounds and held a conference with railroad officials on September 16th. I recommend that the petition be submitted to the Planning and Zon- ing Commission for their investiga- tion and report. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Thompson moved that the recommendation of City Manager Rhomberg be approved and the petition referred to the Planning and Zoning Commission for their recommendation and re- port. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Pro Tem Murphy, Councilmen Thompson, Van Duel - man, Wharton. Nays—None. Absent—Mayor Clark. September 20, 1938. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have approved the following Policy and bonds and desire to have your approval on same for filing: EXCAVATION Richard J. Burke, 130 West 13th Street; Policy No., 3340, London Guarantee and Accident Co. PERSONAL Esther E. Fritschel, stenograph- er, Water Department; Bond No. 938222-A, American Surety Co, of New York. John Joseph Hail Superintend- ent and Cashier, Water Depart- ment, Massachusetts Bonding and Insurance Co. Edward M. Tschirgi, Accountant, Water Department, Massachusetts Bonding and Insurance Co. Otto F. Bethke, Electrical In- spector; Bond No. 98149, Continen- tal Casualty Co. Respectfully sumbitted, A. A. RHOMBERG, City Manager. Councilman Thompson moved that the bonds and policies be ap. proved and placed on file. Second- ed by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Pro Tem Murphy, Councilmen Thompson, Van Duel - man, Wharton. Nays—None. Absent—Mayor Clark. Resolution No. 96-38. Be It Resolved by the City Coun. cil of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette pa- pers within said City, and the Manager is directed to issue such permit on behalf of said City: Name. Address. Morris B. Flick, 5 Eighth Avenue. Charles M. Eichhorn (Eichhorn's Pipe Shop), 1296 Central Avenue. Be It Further Resolved that the bonds filed with the applications be approved. roved Passed, ado , 1938. this 20th day of September GEO. R. MURPHY, Tem. FRANK VAN DUELMAN, ALBERT WHARTON, F. W. THOMPSON,Councilmen. Attest: J• j. CityHClerk. Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman vo arton, Carried by the following Yeas—Mayor Pro Tem Murphy, 216 Special Session, September 20th, 1938 Councilmen Thompson, Van Duel - man, Wharton. Nays—None. Absent—Mayor Clark. Resolution No. 97-38. Whereas, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the fol- 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 John A. Armstrong (Renewal), 398 Main Street. Gust Billis (Renewal), 605 Main Street. Alois Weitz (Renewal), 201 East 22nd Street. Fred H. Cooper (Transfer of ad- dress from 399 East 20th Street), 250 West 6th Street. CLASS "C" PERMIT Thos. J. Magee Estate, 755 Cen- tral Avenue. Tenenbom Super -Market, Inc., 630 Locust Street. Passed, adopted and approved this 20th day of September, 1938. GEO. R. MURPHY,, Mayor Pro Tem. FRANK VANDUELMAN, ALBERT WHARTON, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Pro Tem Murphy, Councilmen Thompson, Van Duel - man, Wharton. Nays—None. Absent—Mayor Clark. Resolution No. 98-38 Whereas, heretofore applications were filed by the within named ap- plicants for Beer Permits and they received approval of this Council; and Whereas, the premises to be oc- cupied by them have been inspect- ed and found to comply with the ordinances of this City and they have filed a proper bond: Now, therefore, Be it resolved by the Council of the City of Dubuque that the Man- ager be and he is hereby directed to issue to the following named persons a Beer Permit: CLASS "B" PERMIT John A. Armstrong (Renewal), 398 Main Street. Gust Billis (Renewal), 605 Main Street. Alois Weitz (Renewal), 201 East 22nd Street. Fred H. Cooper (Transfer of ad- dress from 399 East 20th Street), 250 West 6th Street. CLASS "C" PERMIT Thos. J. Magee Estate, 755 Cen. tral Avenue. Tenenbom Super -Market, Inc., 630 Locust Street. Be it further resolved that the bonds filed by such aplpicants be and the same are hereby approved. Passed, adopted and approved this 20th day of September, 1938. GEO. R. MURPHY, Mayor Pro Tem. FRANK VAN DUELMAN, ALBERT WHARTON, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Pro Tem Murphy, Councilmen Thompson,. Van Duel - man, Wharton. Nays—None. Absent—Mayor Clark. Resolution No. 99-38 Whereas, the City Council of the City of Dubuque is desirous of determining fair and equitable rates for electrical energy in the said City; and Whereas, in order to make, such determination this Council has heretofore directed the City Man- ager to seek outside technical as- sistance; and Whereas, the City Manager in furtherance of such purpose has retained the consulting electrical firm of Canavan & Lang, 231 La Salle Street, Chicago, Illinois, to make an inventory and valuation of the property of the Interstate Power Company that is used and useful in supplying the City of Dubuque with electrical energy and to submit a rate structure based upon their findings: Now, there- fore, Be it resolved by the City Coun- cil of the City of Dubuque that the action of the City Manager in employing the firm of Canavan & Lang be and it is hereby ap- proved. Special Session, September 20th, 1938 217 Passed, adopted, and approved teen (15) days before the date this 20th day of September, 1938. of said meeting; at which time GEO. R. MURPHY,, all parties in interest, and citizens Mayor Pro Tem. shall have an opportunity to be FRANK VAN DUELMAN, heard. ALBERT WHARTON, Passed, , adopted and approved F. W. THOMPSON, this 20th day of September, 1938. Councilmen. GEO. R. MURPHY, Attest: J. J. SHEA, Mayor Pro Tem. City Clerk. FRANK VAN DUELMAN, Councilman Wharton moved the ALBERT WHARTON, adoption of the resolution. Second- F. W. THOMPSON, ed by Councilman Thompson. Car- Councilmen. ried by the following vote: Attest: J. J. SHEA, Yeas—Mayor Pro Tem Murphy, City Clerk. Councilmen Thompson, Van Duel- Councilman Van Duelman moved man, Wharton. the adoption of the resolution. Sec. Nays—None. onded by Councilman Wharton. Absent—Mayor Clark. Carried by the following vote: Resolution No. 100-30 Yeas—Mayor Pro Tem Murphy, Whereas, the Planning and Zon- Councilmen Thompson, Van Duel- ing Commission of the City of Du- man, Wharton. Nays—None. buque has recommended to the Absent—Mayor Clerk City Council that the zoning map of the City of Dubuque be amend- September 10, 1938 ed and changed in the following Honorable Mayor respects: and City Council, By changing from "Two Family Dubuque, Iowa. Residence District" to "Local Bus- RE: CLAIM OF DONALD BIRCH iness IVstrict:," all of the lots, lands or parcels of real estate ly. Gentlemen: Prior to the time I assumed the ing within an area bounded on the office of City Solicitor, there was South by the center line of Jef- referred to the City Solicitor by ferson Street; on the West, by the the City Council, the claim of Don - east property line of Walnut ald Birch, 2478 Pinard Street, in Seventy-five and no -100 street; on the North, by the cen- ter line of the alley between Jef- the sum of ($75.00) Dollars, for injuries sus- ferson Street and West Eleventh tained by him in a fall upon an icy Street; and on the East, by the sidewalk on East 25th Street, on easterly property line of Lot Six- the 4th day of February, 1938. teen (16) of part of Farley's Sub- Beg to report that I have com- division to the City of Dubuque, pleted investigation of this claim Iowa, according to the recorded and of the facts and circumstances plat thereof, said area comprising surrounding this accident, and all of Lots Fifteen (15) and Six- from all of the evidence adduced, I teen (16) of part of Farley's Sub- find no liability on the part of the division to the City of Dubuque; City of Dubuque, and, therefore, and, recommend that the claim be dis. Whereas, before said zoning map allowed. can be thus amended and changed, yours very truly, it is necessary that a public hear- AL. J. NELSON, Ing be held thereon: City Solicitor. moved Now, therefore, Councilman Thompson City Be it resolved by the City Coun- that the recommendation of Sec - cil of the City of Dubuque, that Solicitor Nelson be approved. Van Duel- said recommendation of the Plan- ended by Councilman following ning and Zoning Commission, and man. Carried by the the same is hereby approved, and vote: Murphy, the City Clerk is hereby directed yeas—yla�,o�• Pro Tem Van Duel - to cause to be published in the City of Councilmen Thompson,, official publication in the man, Wharton. Dubuque, a notice of a public hear- Nays—None. ing to be held by this Council up- Absent—Mayor Clark. 20 on the proposed changes and September amendments, the date of said meet- Honorable :liayor ing and hearing being hereby fix- and City Council, ed at 7:30 o'clock, P. M., on Oc- tober 7th, 1938, and to be held in Dubuque, Iowa• CLAIM OF N"LLIAM RIl,Fti" the Council Chamber at the City Hall in the City of Dubuque, said RE: Gentlemen: May 2 1938, tliere was IT, notice to be published at least fif- On 218 Special Session, September 20th, 1938 ferred to me for investigation and report the claim of William Riley, 1068 Iowa Street, Dubuque, Iowa, for damages on account of injuries sustained by him as the result of his slipping upon ice on sidewalk in front of No. 753 Hill Street in the City of Dubuque, on March 5, 1938, said claim alleging said in- juries were due to the rough and uneven condition of said sidewalk covered with ice caused by the up- heaval of said sidewalk by the roots of a tree growing between said sidewalk and curbing and due to the defective condition of said walk. I have completed investigation of this claim and find that the sur- face of the sidewalk was raised by the roots of a tree growing in a small space between the sidewalk and the curbing causing a very slight sloping in the surface of the sidewalk, which, on the morning of the accident, was covered with ice. The condition of the sidewalk caused by this tree is such, that it might be classed as a culpable d,r feq, and, after making complete investigation of this matter I re- spectfully recommend that the claim be allowed in he sum of Thirty-five and no -100 ($35.00) Dol. lars, and that a warrant payable to William Riley be drawn in the SUM of Thirty-five and no -100 ($35.00) Dollars, and delivered to him upon execution by him of the enclosed receipt and release. Respectfully submitted, AL. J. NELSON, City Solicitor. Councilman Van Duelman moved that the recommendation of City Solicitor Nelson be approved and that a warrant in the amount of $35.00 be ordered drawn in favor of William Riley as payment in full of his personal injury claim and that said warrant be delivered to William Riley upon execution by him of the enclosed receipt and release. Seconded by Councilman Wharton. Carried by the follow- ing vote: Yeas—Mayor Pro Tem Murphy, Councilmen Thompson, Van Duel - man, Wharton, Nays—None, Absent—Mayor Clark. September 20, 1938 Honorable Mayor and City Council, Dubuque, Iowa. RE: CLAIM OF MRS. BARBARA KARTMAN Gentlemen: On June 6, 1938, there was re- ferred to me for investigation and report, the claim of Mrs. Barbara Kartman, for damages on account of injuries sustained by her on April 27, 1938, alleged to have been caused by defect in West Third Street just East of Hill Street. The claim filed alleges that an auto- mobile in which claimant was rid- ing ran into one or two holes in the street, and that in so doing claim- ant was thrown against the inside of the top of the car in which she was riding,, and hereafter against the edge of the seat upon which she was riding, causing injuries to her side, back and spine, and the crushing of a vertebrae of the spine. I have completed investigation of this claim and find that at the time of this accident there were two defects in West Third Street, consisting of two holes close to each other, one about two feet (2 ft.) in diameter, and the other about a foot (ft.) in diameter, each Of these holes being in the neigh- borhood of two inches (2 in.) in depth. A picture of these holes taken a few days after the acci- dent is attached hereto. In view of the fact that the holes in this street might possibly be considered as culpable defects, I respectfully recommend that the claim be allowed in the sum of One Hundred Thirty-five and no -100 ($135.00) Dollars, and that a war- rant payable to Mrs. Barbara Kart - man be drawn in the sum of One Hundred Thirty-five and no -100 ($135.00) Dollars, and delivered to her upon the execution by her of the enclosed receipt and release. Respectfully submitted, AL. J. NELSON, City Solicitor. Councilman Thompson moved that the recommendation of City Solicitor Nelson be approved and that a warrant in the amount of $135.00 be ordered drawn in favor of Mrs. Barbara Kartman as pay- ment in full of her personal injury claim and that said warrant be de- livered to Mrs. Barbara Kartman upon execution by her of the en- closed receipt and release. Second- ed by Councilman Wharton. Car- ried by the following vote: Yeas—Mayor Pro. Tem Murphy, Councilmen Thompson, Van Duel - man, Wharton. Nays --None. Absent—Mayor Clark. The following decisions of the City Council relative to various tax petitions requesting suspension of taxes presented for Council ap- proval: Petition of Peter Haupert Session, September 20th, 1938 219 requesting suspension of the 1937 taxes on Lots. 3, 4 and 5 in Buse - man and Eberle's Sub., request granted; Petition of Mrs. Margaret Hogan requesting suspension of the 1937 taxes on the North 1/2 of City Lot 326, request granted; Peti- tion of Anne T. Spensley, Agent, Mary Alice Weir, Anne T. Spens- ley and Maria R. Spensley request- ing suspension of the 1936 and 1937 taxes on Lot 2 of 1 of 1 of Mineral Lot 139, request for suspension of 1936 taxes denied out of the juris- diction of the City Council, request for suspension of the 1937 taxes granted; Mrs. John Badger request- ing suspension of the 1937 taxes on the Northeast 24 feet of West 24 feet 8 inches of East 134 feet of Lot 10 of Fengler's Addition, re- quest granted; Petition of Lillian L. Hargus requesting suspension of the 1937 taxes on Lot 1 of the Sub. of Lot 1 of City Lot 667, request granted; Petition of Mrs. Anna Boesen requesting suspension of the 1937 taxes on the South 15 feet 2 inches of Lot 255 and all of Lot 256 of East Dubuque Addition, re- quest granted. Councilman Wharton. moved that the decisions of the City Council on the various tax petitions be ap- proved and that the Board of Sup- ervisors be notified of the action of the City Council. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Pro Tem Murphy, Councilmen Thompson, Van Duel - man, Wharton. Nays—None. Absent—Mayor Clark. Councilman Wharton moved that City Manager A. A. Rhomberg be authorized and directed to attend the Annual Conference of the Inter- national City Managers' Associa- tion to be held at Boston, Mass., during the week of September 26th, 1938. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Pro Tem Murphy, Councilmen Thompson, Van Duel - man, Wharton. Nays—None. Absent—Mayor Clark. Councilman Wharton moved that City Clerk J. J. Shea be appointed Acting City Manager during the absence of City Manager Rhom- berg. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas—Mayor Pro Tem Murphy, Councilmen Thompson, Van Duel - man, Wharton. Nays—None. Absent—Mayor Clark. There being no further business Councilman Van Duelman moved to adjourn. Seconded by Council- man Wharton. Carried by the fol- lowing vote: Yeas—Mayor Pro Tem Murphy, Councilmen Thompson, Van Duel - man, Wharton. Nays—None. Absent—Mayor Clark. J. J. SHEA, City Clerk. Attest: ... . V.�IJ!l'L�GG........ City Clerk. 22h Special Session, September 23rd, 1938 city Council (Official) Special Session, September 23rd., 1938. Council met at 8:05 p.m. Present — Mayor Clark, Council- men Murphy, Thompson, Van Duel - man, Wharton, City Manager Rhomberg. Meeting called by order of Coun- cilmen Wharton and Van Duelman. Mayor Clark read the call and stated that service thereof had been duly made and that this meet- ing is called for the purpose of con- sidering for adoption Resolution No. 101-38. Resolution and appli- cation for permanent transfer of $7,355.66 from the Emergency Fund to the General Fund and acting on any other business as may properly come before a regular meeting of the City Council. Original Notice of Suit of Leona Kies in the sum of $5,000.00 for injuries sustained in falling on an accumulation of ice on the cross- walk at the Alley on the north side of Seventh Street between Locust Street and Bluff Street, presented and read. Councilman Van Duelman moved to refer the Original Notice of Suit to the City Solicitor. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. ,Nays—None. Original Notice of Suit of Elsid Beresford in the sum of $400.00 for injuries received in a fall on an icy sidewalk at 1672 Central Ave- nue, presented and read. Councilman Van Duelman moved to refer the Original Notice of Suit to the City Solicitor. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Communication of Murphy Insur- ance Agency requesting a letter authorizing the cancellation of lfa- biiity on the excavation bond of W. J. Jordan as of September 24th, 1938, presented and read. Councilman Van Duelman moved that the request be granted. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman,, Wharton. Nays—None. Petition of Republican County Central Committee requesting per- mission to string a banner across Main Street, presented and read. Councilman Van Duelman moved that the request be granted. Sec- onded, by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of Daniel E. Daly re- questing that the Class "B" beer permit appearing in the name pf Dan. E. Daly, 678 Central Avenue, be changed to Dan. E. Daly and P. J. Ferring, 678 Central Avenue, presented and read. Councilman Thompson moved that the request be granted. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of Christina and Mary Ludowisy requesting permission to redeem the tax sale certificate held by the City of Dubuque against the south part of Lot 136 in Union Addition upon the payment of the face value of the certificate in the amount of $15.93, presented and read. Councilman Murphy moved that Christina and Mary Ludowisy be granted permission to redeem the tax sale certificate held by the City of Dubuque against the south part of Lot 136 in Union Addition upon payment of the face value of the certificate in the amount of $15.93 Plus 5% interest per annum and advertising costs the balance of interest and penalties to be waived. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays --None. Petition of Wesley B. Reynolds, by E. J. Murray, Agera, owner of the north 23 feet of City Lot 8, requesting permission to erect the necessary stairway and platform as a means of approach to an en- trance to the main floor only on the Third Street side of the build- ing, presented and read. Councilman Van Duelman moved to refer the petition to the City Solicitor for investigation and re- port as to the legality of the con- struction of said platform. Second- ed by Councilman Wharton. Car- ried by the following vote: Yeas—Mayor Clark, Councilmen Special Session, Septe�23rd, 1938 221 Murphy, Thompson, Van Duelman, onded b y Councilma Wharton. Thompson. Carried by the following Nays—None. Petition of T. E. Rhomberg, A. t vote: Yeas—Mayor Clark, Councilmen W. Klauer, J. Anthony Rhomberg, Murphy, Thompson, Van Duelman, Wharton. Agents, by J. Anthony Rhomberg, Nays—None. protesting and objecting to the granting of the petition of the September 23, 1938. To the Honorable Mayor Trustees of the Property of the and City Council, Chicago, Milwaukee, St. Paul, and Dubuque, Iowa. Pacific Railroad Company request- Gentlemen: ing the vacation of certain streets Mr. Robert Miller has submitted and alleys, to the extent that it an offer of $75.00 for city owned includes the vacation of 19th Street Lot 37 of South Park Hill Add. and from Lynn Street to Marsh Street, for that part of Charles Street, if Hickory Street between 19th Street vacated, from Broadway to the and 20th Street and 20th Street be- alley first West. tween Hickory Street and Brook Street, presented and read. I, therefore, recommend that Councilman Murphy moved to Charles Street be vacated from refer the petition to the City Coun- Broadway to the east line of the ,ii. Seconded by Councilman alley between Broadway and Mus- , Thompson. Carried by the follow- catine Streets and also from the ing vote: west line of said alley to Musca- Yeas—Mayor Clark, Councilmen tine Street. If such vacation is Murphy, Thompson, Van Duelman, made, I farther recommend that Wharton. the offer of Air. Miller be accepted Nays—None. and the transfer of property be September 23, 1938. made to him by the City. Honorable Mayor Respectfully submitted, and City Council, A. A. RHOMBERG, City of Dubuque, Iowa. City Manager. Gentlemen: Councilman Wharton moved that With reference to the attached the rules be suspended for the pur- petition of the Receivers of the pose of allowing any one present Chicago, Milwaukee, St. Paul and in the Council Chamber, who Pacific Railroad, asking vacation wishes to do so, to address the of certain streets and alleys east Council. Seconded by Councilman of their present shops property, Thompson. Carried by the follow- the Planning and Zoning Commis- ing vote: sion recommends to your honor- Yeas—Mayor Clark, Councilmen Van Duelman, able body that the petition be Murphy, Thompson, granted on such terms as the City Wharton. Council thinks proper, with special Nays—None. reference to the protection of City Mr. Nick Grommersch addressed interests in the development of the Council objecting to the pro- river industrial property in con- posed vacation of Charles Street formity with the Master Plan of and also to the sale of Lot 37 South the City of Dubuque. Park Hill Addition and the pro- Charles Respectfully submitted, posed vacated portion of R. V. McKAY, Street for the sum of $75.00 and Secretary, stating that he would submit a bet- Dubuque Planning and ter offer for the purchase of Lot 37 Zoning Commission. South Park Hill Addition and the Councilman Thompson moved to proposed vacated portion of refer the communication of the Charles Street. to Planning and Zoning Commission Councilman Wharton moved of City to the City Council. Seconded by refer the communication the City Councilman Murphy. Carried by Manager Rhomberg to by Councilman the following vote: Yeas—Mayor Clark, Councilmen Council. Seconded Van Duelman. Carried by the fol- Murphy, Thompson, Van Duelman, lotting vote: k, Councilmen Clar Wharton. Nays—None. Yeas—Mayor Murphy, Thompson, an Duelman, Report of the Board of Health Wharton. for the month of August, 1938, pre- Nays—None. sented. Resolution No. 101-38 Councilman Murphy moved that AND APPLICA the report of the Board of Health RFSOLLITION TION FOR P E R JI A ti F T for the month of August, 1938, be TRANSFER OF FUNDS. received and placed on file. Sec- 222 Special Session, September 23rd, 1938 Whereas, an emergency tax levy was made by the City Council of the City of Dubuque for use during the fiscal year beginning April 1, 1938, and ending March 31, 1939, upon authority of the State Comp- troller; and Whereas, the City Treasurer of said city has on hand the sum of $7,355.66 in the Emergency Fund and the sum of $323.35 in the Gen- eral Fund; and Whereas, an emergency exists clue to the payment of General Fund Warrants issued for the con- struction of the Swimming Pool in the fiscal year 1936-1937, and In order to pay such warrants it is necessary to transfer $7,355.66 from the Emergency Fund to the General Fund; and Whereas, before such transfer can be made it is necessary to se- cure the approval of the State Comptroller: Now, Therefore, Be it resolved by the City Coun- cil of the City of Dubuque, subject to the approval of the State Comp- troller, that there be and there is hereby permanently transferred from the Emergency Fund to the General Fund, the sum of $7,355.66 and the State Comptroller is here- by petitioned to authorize and ap- prove such transfer. Be it further resolved that, upon the approval of such transfer, the Auditor of the City of Dubuque is directed to adjust his books accord- ingly and notify the Treasurer of such transfer, and such notifica- tion shall be accompanied by a copy of this resolution and the record of its adoption. Passed, adopted and approved by the unanimous action of the City Council this 23rd day of Septem- ber, 1938. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Murphy moved the adoption of the resolution. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 102-38 Whereas, application for "B" Beer Permits have been submitted to this Council for approval and the same have been examined: Now, Therefore., Be It Resolved by the Council of the City of Dubuque that the following applications be and the same are hereby approved and it is ordered that the premises to be occupied by such applicants shall be forthwith inspected. CLASS "B" PERMIT Joseph W. Hanten (renewal), 2220 Delhi Street. Arthur Norton (transfer of ad- dress from 336 Main), 1447 Central Avenue. Passed, adopted and approved this 23rd day of September, 1938. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 103-38 Whereas, heretofore applications were filed by the within named applicants for "B" Beer Permits and they received the approval of this Council; and Whereas., the premises to be oc- cupied by them have been inspect- ed and found to comply with the ordinances of this City and they have filed a proper bond: Now, Therefore, Be It Resolved by the Counc;j 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 Joseph W. Hanten (renewal), 2220 Delhi Street. Arthur Norton (transfer of ad- dress from 336 Main), 1447 Central Avenue. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 23rd day of September, 1938. CARL. A. CLARK, Mayor. FRANK VAN DUELMAN. ALBERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. cial Session, September 23rd, 1938 --- -- --- 223 Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Van Duel. man. Carried by the following vote: Yeas -Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-'N'one. Resolution No. 104-38 Whereas,, the City of Dubuque has heretofore made application to the Federal Emergency Adminis- tration of Public Works for a grant of $67,500.00 to aid in financing Water Works Improvements at a total estimated cost of 3150,000.00, said project being known as Iowa Docket No. 1634, and ';Whereas, the Federal Emergency Administration of Public Works requires a certified scale of the minimum wages to be paid to the various classifications of labor en- gaged on this project; Now, There- fore, Be It Resolved by the City Coun- cil of the City of Dubuque that the following rates of pay for the var- ious classifications of labor listed hereto be and the same are hereby adopted as the minimum rates to be paid on the Construction of im- provements to the Rater Works System, otherwise known as Iowa Docket No. 1684. Trade Wage rate or (On hourly Occupation basis) (a) Unskilled Common Labor ............. $ .50 Teamster ................... .60 Truck Operator (11� ton or Pipe layer tender less) ..................... .60 Laborer top main or in ,,,, , , , , , , , , Proportional plant operator trench pipe Rork ......... .50 (b) Semi skilled .............. Rock driller Air hammer operator ....... .60 Back filler operator ......... .60 Blacksmith helper .... • • • • • • -57 Blade grader operator ....... .6(1 Bottom man ................ ( 5i Bracer ..................... .o0i Concrete Mixer Operator (2 tons) ..................... bag or less) .............. 1.2r Electrician helper ...... .50 to .40 Fireman .5�( Glazier helper .............. r� Grinder Operator (concreteF .60 Hod Carrier Hoist Operator (one active 1.00 drum) .................... 1.4, hettleman (bitumunus or 1.10 lead) ..................... .;;, Ironworker Helper trod r,ri .75 only r .... .r '%iaehine ericxor he;pr-: ...... 521,e `.faker .............. Oiler and greaser ....... Pipe derrick man (hand 0 operated) Pipe layer tender .50 ........... Plumber helper .50 ,,,, , , , , , , , , Proportional plant operator , 50 Pump operator .5o .............. Rock driller :.0 Roofer helper ............... Scaffold builder . . ........... 50 1.00 Sheet metal corker helper Steam fitter helper . , . , , . , • Tractor Operator ........... , Truck Operator lover 11z tons) ..................... 7S Well Driller Helper ......... 65 Concrete finisher ;5 ........... (c) Skilled Blacksmith ................. k5 Bricklayer ................ 1.371,2 Carpenter .................. 1.00 Caulker -liquid joint and yarner . 1.10 Cement finishes -floors ...... .;;, Dynamite and blaster man... .75 Electrician ................. 1.00 Glazier ................... 521,e Ironworker -welder, burner and cutter ................ 1.00 Ironworker -rod and rein- forcing ................... 60 1 ronworker-machinery, mover and rigger ......... 75 Ironworker -steel, tile and metal forms .............. .60 lfason .................... 1.371/2 Painter ................... .521/z Pipe Layer ................. 1.10 Plumber .................... 1.10 Roofer ..................... :5 Sheet Metal corker ......... S0 Steam fitter ................ 1.10 Operators or engine man for - Compressor ............... 1.25 Clamshell ................ 1.25 Concrete mixer (larger than 2 bag) .................. 1.25 Derrick ................... 1.255 Dragline .................1 1.25 Power Shovel ............. 1.2.E Trench :Machine ..........1.25 Well Driller .............. 1.25 Plasters ................ 1. 1.25 'file I,ayerFl ............ 1.37�h Tile setters ...............1.L5 Tile I4elpers .............. 1.00 In case it beeor;es ner.4,si ary for the Con?rar:tor or any F:ub+:ont.ra"- ur to p, on tbH pr`,)e :t r,r ir:d+ r ?radr this contract any pe"'jr. or or.ctipa?.iun !(jr wl,ira. r:, :nir,J W ave rate 1 r rr i:. wpFr.ifl�d r 1,1:o w•i:: pr,rr,p,. r, r..r.af'.+r,' !........ ?t.+: r•,ntrar.?r,; ,i?1: +.i.e ..., .....�a:...a,e The rr.ir.i rr:ir.. r�•.r :u. Y,r vJlh Hwa G, r ]r;..., ....,.... 224 Special Session, September 23rd, 1938 persons affected and during th( continuance of such employment. Passed, adopted and approve( this 23rd day of September, 1938. CARL A. CLARK, Mayor. FRANK VAN DUELMAN ALBERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Murphy moved the adoption of the resolution. Second• ed by Councilman Van Duelman, Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Councilman Thompson moved that the Judges and Clerks who served at the General Municipal Election be appointed to act at the Special Election to be held on Octo- ber 6th, 1938, in accordance with Section 737, Chapter 40, of the Code of Iowa 1935, with the excep- tion of Ray O'Brien, Judge of the Seventh Precinct, who has trans- ferred from said Precinct and that Al. Bitzberger be named as Judge of Election in the Seventh Pre- cinct to fill the vacancy. Seconded by Councilman Van Duelman. Car- ried by the following vote:: Yeas—Mayor Clark, Councilmen Thompson, Van Duelman, Wharton. Nays—Councilman Murphy. The following decisions of the City Council relative to various tax petitions requesting cancellation and suspension taxes presented for approval: Petition of Della C. Thul requesting cancellation of the 1937 taxes on the South 2 ft. 6 in. of Lot 2 and all of Lot 3 of Klein- schmidt's Sub., request granted; Petition of Ray Denzler requesting suspension of the 1937 taxes on Lot 141 Burden and Lawther's Ad- dition, request granted; Petition of Mrs. Martha Wilson requesting suspension of the 1937 taxes on Lot 7 of Sub. of City Lot 730 and Lot 1 of Union Add., request granted; Petition of Miss Julia Clark re- questing suspension of the 1937 taxes on Lots 3 and 4 Sub. Out Lot 682, request granted; Petition of George Hendricks requesting sus- pension of the 1937 taxes on Lot 1 of Sub. 1 of 1 of E. 1/2 of Lot 40 of Kelly ,Sub., Und. 1-5 of E. 9 ft. of 2 of 1 of E. 1/2 of Lot 40 Kelly Sub., Und. 1.5 of W. 29 ft. of E. 9 ft. of 2 of 1 of E. 1/2 of Lot 41 Kelly Sub., Und. 1-5 of N. 9 ft. of E. 100 ft. of 2 of 1 of E. % of Lot 41 Kelly Sub., request granted; Petition of Joseph bitterly requesting suspension of the 1937 taxes on Lot 44 of Staf- ford Add., request granted; Peti- tion of Mrs. Catherine Lundbeck requesting suspension of. the 1937 taxes on Lot 11 of Cox Add. and Lot 242 of Woodlawn Park Add., request granted; Petition of Louisa Scharff requesting suspension of the 1937 taxes on Lots 34 and 35 in Belmont Addition, request granted. Councilman Murphy moved that the decisions of the City Council on the various tax petitions be ap- proved and that the Board of Sup- ervisors be notified of the action of the City Council. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. There being no further business Councilman Van Duelman moved to adjourn. Seconded by Council- man Thompson. Carried by the following vote: Yeas—Mayor Clark, Councilmen .Murphy, Thompson, Van Duelman, Wharton. Nays—None. J. J. SHEA, , City Clerk Adopted .................._........ 07. Attest: ..... ,.).e.... City Clerk. Regular Session, October 3rd, 1938. 225 City Council (Official) Regular Session, October 3rd, 1938. Council met at 7:55 P. M. Present—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton, City Man4ger Rhomberg. Mayor Clark stated that this is the regular monthly meeting of the City Council for the purpose of acting upon such business as may properly come before the meeting. Resolution No. 101-38. RESOLUTION AND APPLICA- TION FOR PERMANENT TRANSFER OF FUNDS Whereas, an emergency tax levy was made by the City Council of the City of Dubuque for use during the fiscal year beginning April 1, 1938, and ending March 31, 1939, upon authority of the State Comptroller; and Whereas, the City Treasurer of said city has on hand the sum of $7,355.66 in the Emergency Fund and the sum of $323.35 in the General Fund;and Whereas, an emergency exists due to the payment of General Fund Warrants issued for the construction of the Swimming Pool in the fiscal year 1936- 1937, and in order to pay such warrants it is necessary to transfer $7,355.66 from the Emergency Fund to the Gen- eral Fund; and Whereas, before such transfer can be made it is necessary to secure the ap- proval of the State Comptroller; Now, Therefore, Be It Resolved by the City Council of the City of Dubuque, subject to the approval of the State Comptroller, that there be and there is hereby perma- nently transferred from the Emergency Fund to the General Fund, the sum of $7,355.66 and the State Comptroller is hereby petitioned to authorize and ap- prove such transfer. Be it further resolved that, upon the approval of such transfer, the Auditor of the City of Dubuque is directed to adjust his books accordingly and notify the Treasurer of such transfer, and such notification shall be accompanied by a copy of this resolution and the record of its adoption. Passed, adopted and approved by the unanimous action of the City Coun- cil this 23rd day of September, 1938. CARL A. 'CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Approval. The above application and resolution having been filed with the State Comp. troller, the transfer requested is ap- proved September 26th, 1938. C. B. MIIRTAGH, State Comptroller. Councilman Thompson moved that the approval of C. B. Murtagh, State Comptroller, be made a matter of rec- ord. Seconded by Councilman Murphy. Carried by the following vote: Yeas— Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Councilman Wharton moved that the rules be suspended for the purpose of allowing any one present in the Coun- cil Chamber, who wishes to do so, to address the Council. Seconded by Councilman Van Duelman. Carried b'Y tine following vote: Yeas—Mavor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Mr. Peter H. McCarthy addressed the Council relative to the Special Flection to be held October 6th, 1938, in which a bond issue of $230,010.00 will be vot- ed upon and suggesting that publicity be given on this bond issue to the voters to the extent that the City may be required to build a Sewage Disposal Plant and extend both the water mains and sewer mains and that with the is- sue of $230,010.00 bonds for a .Memo- rial Building that the City will be close to their legal bonded indebtedness. October 3, 1938. Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Paragraph 17, Section 6669 of the 1935 Code of Iowa provides as follows: "The City Manager shall keep the Council fully advised of the financial and other conditions of the city or town, and of its future steeds." Ac- cordingly I am submitting the follow- ing information in connection with the special election of October 6th on the question:"Shall the City of Dubuque, Dubuque County, Iowa, issue Bonds in the sum of $230,010-00 to cover the ex- pense of the erecting and equipping of a Memorial Building under the provi- sions of Chapter 33 of the Code of Iowa of 1935 and amendments thereto?" First. As yet no assurance has been received that a grant will be made by the Federal Emergency Administration of Public Works on the application filed September 9th. This leads to the ques- tion as to the outcome if a favorable vote results at the election and no grant be forthcoming. Second. The regional counsel of the P. W A. at Omaha has informed me that the Federal pu char ng sitesGovernment oes not beyond participate in p ro ect Sisceothehsiteoinl the instantecast e will 226 Regular Session, October 3rd, 1938. cost about 25% of the total, it is evi- dent that additional bonding by the city will be necessary. Third. The publicity in regard to the referendum states that it is estimated that fees and rentals will provide for the maintenance costs. This is con- trary to the experience in other cities. Your attention is directed to Section 490 which provides that a tax levy up to 1 T/q mills or approximately $42,000.00 may be levied for the maintenance of a memorial building. I submit this information according to the provisions of the law without recommendation. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Murphy moved that the communication of City Manager Rhom- berg be received and made a matter of record. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of E. L. Simon et al, prop- erty owners and residents in the vicinity of Seminary Street, Finley Street, Cherry Street, Hoyt Street, Ungs Street, Hazel Street and St. Ambrose Street, requesting that sewage disposal facilities be installed to serve their prop- erties, presented and read. Mr. A. V. Wise addressed the Council requesting that the prayer of their petition be granted. Councilman Wharton moved that the petition be referred to the City Council to view the grounds. Sec- onded by Councilman Van Duelman. Carried by the following vote: Yeas— Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of C. W. Nickels et al re- questing the installation of a stop -and - go traffic light on Central Avenue at the intersection of Kaufman Avenue and Twenty-second Street, presented and read. Messrs C. W. Nickels and Elmer W. Brauhn addressed the Coun- cil requesting that the prayer of their petition be granted. Councilman Van Duelman moved that the request be granted upon the approval of the Iowa StateHighway Commission. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mawr Clark, Councilmen Murphy, Thomp- son, Van Duelman, Wharton. Nays— None. Petition of Charles F. Meyers re- questing a refund on his cigarette li- cense from October 1st, 1938, to July 1st, 1939, as he has discontinued busi- ness at No. 5 Eighth Avenue, present- ed and read. Councilman Murphy moved that the request be granted and that a warrant in the amount of $75.00 be ordered drawn in favor of Charles F. Mevers to cover the amount of re- fund granted on his cigarette license from October 1st, 1938, to July 1st, 1939. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas—Mayor Clark, Councilmen Mur- phy, Thompson, Van Duelman, Whar- ton. Nays—None. Petition of Fidelity and Deposit Company requesting the cancellation of both the sign bond and cigarette bond of Charles F. Meyers as he has discontinued business at No. 5 Eighth Avenue, presented and read. Council- man Thompson moved that the request be granted. Seconded by Councilman Van Duelman. Carried by the follow- ing vote: Yeas—:Mayor Clark, Coun- cilmen Murphy, Thompson, Van Duel - man, Wharton. Nays—None. Petition of Mrs. Sophie McMann and Mrs. Eleanora VanderMeulen request- ing a refund on their dine and dance license, presented and read. Council- man Murphy moved that the request be denied as same is out of the jurisdiction of the City Council. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thomp- son, Van Duelman, \Wharton. Nays— None. Petition of The Salvation Army re- questing permission to conduct their annual tag day on October 22nd, 1938. presented and read. Councilman Mur- phy moved that the request be granted. Seconded by Councilman Van Duel - man. Carried by the following vote. Yeas—Mayor Clark, Councilmen 1Mur- phy, Thompson, Van Duelman, Whar- ton. Nays—None. Petition of Jos. Plein, Jr., requesting the installation of street lights on Dav- enport Street and also calling the at- tention of the City Council to the dan- gerous condition of said Davenport Street and also calling the attention of the City Council to the open sewer drain at the base of his property, pre- sented and read. Councilman Van Duelman moved to refer the petition to the City Council to view the grounds. Seconded by Councilman Thompson. Carried by the following vote: Yeas— Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. . Petition of J. F. Stampfer Company requesting permission to build a can- opy over the new entrance to their building ill the alley, presented and read. Councilman Murphy moved to refer the petition to the City Council to view the grounds. Seconded by Coun- cilman Van Duelman. Carried by the following vote: Yeas—Mayor Clark. Councilmen Murphy, Thompson, Vail Duelman, Wharton. Nays—None. Petition of Edward C. Bartels re- questing fire protection for his prop- erty located one mile west of Dubuque on Highway No. 20, presented and Regular Session, October 3rd, 1938. 227 read. Councilman vi harton moved to refer the petition to the City Council. Seconded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Clark, Councilmen Mur- phy, Thompson, Van Duelman, Whar- ton. Nays—None: Petition of Arthur H. Eichman et at requesting that Shiras Street and Roosevelt Street be joined by a through cross street near the present project now underway at the end of Roosevelt Street, presented and read. Mr. H. F. Mackert addressed the Council re- questing that the prayer of their peti- tion be granted. Councilman Thomp- son moved to refer the petition to the City Council to view the grounds. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas— Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton, Nays—None. Petition of Nick Grandgenet et at requesting that Sabula Street be ex- tended to Burlington Street, presented and read. Mr. Nick Grommersch ad- dressed the Council requesting that the, prayer of their petition be granted and also requesting that the water mains be extended. Councilman Wharton moved to refer the petition to the City Manager and Superintendent of the Wafer Department 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. Petition of Nick Grommersch et at requesting that Charles Street be grad- ed instead of being vacated, presented and read. Mr. Nick Grommersch ad- dressed the Council objecting to the proposed vacation of Charles Street and requested that Charles Street be graded instead of vacated. Councilman Van Duelman moved to refer the peti- tion to the City Council. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of Donald H. Head rerluest- ing the City Council to investigate the matter of drainage of the alley extend- ing from Randall Street through to Dunning Street and between Grand- view Avenue and Bradley Street, pre- sented and read. Councilman Wharton moved to refer the petition to the City Council to view the grounds. Second- ed by Councilman Murphy. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thomp- son, Van Duelman, Wharton. Nays— None. Communication of Nickolas Grom- mersch submitting an offer in the amount of $100.00 for the purchase of city owned Lot 37 of South Park Hill Addition and that part of Charles Street from Broadway Extension to the alley first west, if the same is vacated, also the communication of R. E. Miller submitting an offer of $105.00 for the purchase of city owned Lot 37 of South Park Hill Addition and that portion of Charles Street adjoining said Lot on its north boundary, presented and read. Councilman Murphy moved that the offer of Mr. R. E. Miller in the amount Of $105.00 be accepted, as his offer is the highest submitted, and that the City Solicitor be instructed to prepare the proper proceedings. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Clark, Cotutcilmen Murphy, 'Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 105-38. Whereas, applications for "B" Beer Permits have been submitted to this Council for approval and the same have been examined: now, therefore Be It Resolved by the Council of the City of Dubuque that the following ap- plications be and the same are hereby approved and it is ordered that the premises to be occupied by such ap- plicants shall be forthwith inspected. Class "B" Permit. Eugene illcCann (Renewal) 802 Iowa Street. Joh„ J. Jassnian (Renewal) 390 East 13th Street. Hubert and Veronica Meissen (Renew- al) 1389 Elm Street. Mrs. Elsie Recker (Renewal) 399 East 20th Street. I?d. J. Duccini (Renewal) 1698 Maple Street. Mrs. Margaret Clancy (Transfer of ad- dress from 378 Main) 336 Dfain St. Passed, adopted and approved thi, 3rd day of October, 1938. 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, son, Van Duelman, Wharton. Nays- 1011e - Resolution No. 106-38. Whereas, heretofore applications were filed by the within named appli- cants for "B" Beer Permits and they received the approval of this Council; and Whereas, the premises to be occupied by them have been inspectto ed and found ances is Cityandtheyithaveefiled ai o properbond; No.w, 'rherefore. 228 Regular Session, October 3rd, 1938. 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. Eugene McCann (Renewal), 802 Iowa Street. John J. Jassman (Renewal), 390 East 12th Street Hubert and Veronica Melssen (Renew- al), 1389 Elm Street. Mrs. Elsie Recker (Renewal), 399 East 20th Street. Ed. J. Duccini (Renewal), 1698 Maple Street. Mrs. Margaret Clancy (Transfer of ad- dress from 378 Main), 336 Main St. 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 October, 1938. 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—Mavor Clark, Councilmen Murphy, Thomp- son, Van Duelman, Wharton. Nays— None. Resolution No. 107-38. A resolution accepting the offer of the United States of America to City of Dubuque, Iowa, to aid in financing the construction of improvements to Water Works System, and demolition Of old building, Iowa Docket No. 1684F. Be It Resolved, by the City Council, of the City of Dubuque, Iowa. Section 1. That the offer of the United States of America to City of Dubuque, Iowa, to aid by way of grant and in financing Improvements to Wa- ter Works System; and Demolition of Old Building, Iowa Docket No 1684F a copy of which offer reads as follows,: P. W. 83827-58. Federal Emergency Administration Of Public Works Washington, D. C., Dated: Sept. 23, 1938. Docket No. Iowa 1684-F. Copy Conformed to Executed Original Sept. 21, 1938. Checked: Byrne Legal Division, PWA, City of Dubuque, Iowa, Dubuque, Iowa. I. Subject to the Terms and Condi- tions (PWA Form No. 230, as amend- ed to the date of this Offer), which are made a part heroef, the United States of America hereby offers to aid in fi- nancing the construction of improve- ments to a water works system and the demolition of old building (herein call- ed the "Project") by making a grant to the City of Dubuque, Iowa, (herein called the "Applicant"), in the amount of 45 per cent of the cost of the Project upon completion, as determined by the Federal Emergency Administrator of Public Works (herein called the "Ad- ministrator"), but not to exceed, in any event, the sum of $67,500. 2 By acceptance of this Offer the Applicant covenants to begin work on the Project as early as possible, but in no event later than 10 weeks from the date of this Offer and to complete such Project with all practicable dispatch, and in any event within 9 months from the commencement of construction. 3. This Offer is made subject to the express condition that, if the Adminis- trator shall determine at any time that the Applicant has paid or agreed to pay, whether directly or indirectly, a bonus, commission or fee to any person, firm or corporation for attempting to pro- cure an approval of the Applicant's ap- plication, or for alleged services in pro- curing or in attempting to procure such approval, or for activities of the nature commonly known as lobbying per- formed or agreed to be performed in connection with the application, then the Administrator shall have the right, in his discretion, to rescind this Offer and any agreements result- ing herefrom, and, in the event of such rescission, the United States of Amer- ica shall be under no further obligation hereunder. UNITED STATES OF AMERICA FEDERAL EMERGENCY AD- MINISTRATOR OF PUBLIC WORKS. Signed: H. A. GRAY, Assistant Administrator. Be and the same is hereby in all re- spects accepted Section 2 That said 'City of Du- buque, Iowa, agrees to abide by all the rules and regulations relating to such offer, a copy of which rules and regula- tions-.'- annexed to the Govern- menfs' offer and made a part thereof. Section 3. That the mayor is hereby directed to sign, and the City Clerk to attest the original offer made by the United States of America to the Citv 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 Federal Emergency Administr- tion of Public Works 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 profs in connec- tion with the acceptance of said offer as may be requested by the Federal Emergency Works. GE FRANK VAN DUELMAN, ALBERT WHARTON, F. W. THOMPSON, Attest: J. J. SHEA, Councilmen. City Clerk. The following were absent: None. 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. Councilman Murphy moved that the request of Josephine Flynn for suspen- sion of -the 1937 taxes on the North Middle 20 feet of City Lot 83 be grant- ed and the Board of Supervisors to be notified of the action of the City Coutn- cil. 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 the request of Mrs. Edith Lawson for can- cellation of the 1937 taxes on Lot 2 of 1 of Sub. of Lots 30 and 31 and Lot 2 of 30 and 31 of Morheiser's Sub. and Lot 2 of 2 of Lot 16 Tschirgi and Schwinn's Sub. be denied and that 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 Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. J. J. SHEA, City Clerk. Approved CbU&Qyi� RI 1938. Special Session, October 7th, 1938. Administration of Public I RL A. CLARK, Mayor. y cou O. R. MURPHY, ------�-�----------t-- Councilmeu Attest: -- - i -Z. City Clerk. IIQ ncil O fficial. Special Scion, October 7th, 1938. Council met at 8:15 P. 11. Present—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, -Wharton, City Manager Rhonnberg. lfeeting called by order of Councilmen Murphy and Thompson. 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 f om "Two Family Residence District" to "Local Business District" all of the lots, lands, or parcels of real estate Iv- ing within an area hounded on the South by the center line of Jefferson Street; on the West by the east prop- erty line of Walnut Strect: on the North by the center line of the :\llcv between Jefferson Street and West Eleventh Street; and on the East by the Easterly property line of Lot 16 of part of Farley's Subdivision to the City of Dubuque, Iowa, said area connpris- ing all of Lots 15 and 16 of part of Farley's Subdivision to the City of Du- buque also for the purpose of canvass- ing the vote cast at the Special Elec- tion held October 6th, 1938, and acting on any other business as may properly come before a regular meeting of tine City Council. Proof of publication, certified to by the publishers, of the official notice of a public hearing to be held upon a pro- posal to amend and change the Zoning Map by changing from "Two Family Residence District" to "Local Business District" all of the lots, lands, or par- cels of real estate lying within an area hounded on the South by the center line of Jefferson Street; on the West by the east property line of Walnut Street; on the North by the center line of the rVey between Jefferson Street and West Eleventh Street; and on the East by the easterly property line of Lot 16 of part of Farley's Subdivision to the Qty of Dubuque, Iowa, said area comprising all of Lots 15 and 16 of part of Farley's Subdivision to the City of Dubuque, presented and read. 'No objections having been filed Coun- cilman Murphy moved that the proof of publication be received and filed. Seconded by Councilman Thompson. Carried by the following vote: Yeas— Mayor Clark, Councilmen %f urphy, Thompson, Van Duelman, Wharton. Nays—None. Ordinance No. 25--38. 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 Ordi- 230 Session, October 7th, 1938. nance of the City of Dubuque" so as to change to Local Business District cer- tain defined property now delimited as Two -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. Seconded by Councilman Wharton. Carried by the following vote: Yeas— Mayor Clark, Councilmen Murphy, 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 Coun- cilman Murphy. Carried by the fol- lowing 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— Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of Peter H. McCarthy re- questing that the petition of Trustees of theProperty of the Chicago, Milwau- kee, St. Paul and Pacific Railroad Com- pany now before the City Council ask- ing for the vacation of additional streets and alleys in the vicinity of their shops and adjoining their present property be denied and also that the City Solicitor be instructed to begin ail immediate action in the courts to test the rights of the City of Dubuque under the terms of an ordinance of March 14, 1881, wherein the said Railroad Company agreed that certain lots and property would revert back to the City of Du- buque if the terms of said ordinance by which said lots were deeded to said Railroad Company by the City of Du- buque were ever violated, presented and read. Councilman Murphy moved to suspend the rules 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 Wharton. Carried by the following vote: Yeas—Mayor Clark, m Councilmen Murphy, Thopson, Van Duelman, Wharton. Nays—None. Mr. Peter H. McCarthy addressed the Council requesting that the Council grant the prayer of his petition and that the City Solicitor be instructed ac- cordingly. Councilman Murphy moved that the petition be referred to the City Council for future action. Seconded by Councilman Thompson. Carried by the following Vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Original Notice of Suit of Eileen Ell- wanger in the amount of $47.00 for loss of wrist watch at the Municipal Swim- ming Pool, presented and read. Coun- cilman Murphy moved to refer the Original Notice of Suit to the City So- licitor. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of Dubuque County Demo- cratic Central Committee requesting permission to extend a banner across Main Street, presented and read. Coun- cilman Thompson moved that the re- quest be granted. Seconded by Coun- cilman Murphy. Carried by the fol- lowing vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of Geo. R. Burden request- ing permission to install and maintain a merchandise chute in the sidewalk in front of the northerly part of the new building erected at 6th and Locust Streets, presented and read. Council- man Thompson moved that the request be denied. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Clark, Councilmen Mur- phy, Thompson, Van Duelman, Whar- ton. 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, 1938, presented and read. Councilman Van Duelman moved that the proof of publication be receiv- ed and filed. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Council Proceedings for the month of August, 1938, presented for approv- al. Councilman Van Deulman moved that the Council Proceedings for the month of August, 1938, be approved as printed. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Clark, Council- men Murphy, Thompson, Van Duel - man, Wharton. Nays—None. October 7th, 1938. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I am submitting herewith reports of the City Auditor, City Treasurer, and City Water Department for the month of September, 1938, also a list of claims and list of payrolls for which warrants were drawn during the month of Sep- tember, 1938. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Thompson moved that the reports be received and placed on file. Seconded by Councilman Mur- phy. Carried by the following vote: Yeas—Mayor Clark, Councilmen Mur- Special Session, October 7th, 1938. 231 phy, Thompson, Van Duelman, Whar- _ Resolution No. ton. Nays—None. Resolution No. 108--38. 11 38. Preliminary approval of plan., speci- Whereas, application for Class "B" fications, form of contract, and prelim- Beer Permit has been submitted to this nary estimates, including all items of Council for approval and the same has material and work required to drill, ben examined; Now, Therefore, Be It Resolved by the Council of the case, seal and test a New Deep Well located on Lot 503 or 504 Part City of Dubuque that the following ap_ of of Ham's :addition, presented and read. Councilman plication be and the same is hereby ap- it is Thompson moved the adoption of the proved and ordered that the prem- resolution. Seconded by Councilman ises to be occupied by such applicant Murphy. Carried by the following shall be forthwith inspected. "B" vote: Yeas—Nfayor Clark, Councilmen Class Permit Name Address Murphy, Thomp- son, Van Duelman, ��'harton. Nays— Dorrance Clancy and Margaret None. Clancy (Renewal), 336 Main Street. Honorable Mayor October 7, 1938. a Y and City Council, Passed, adopted and approved this Dubuque, Iowa. 7th day of October, 1938. Gentlemen: CARL A. CLARK, Mayor. FRANK VAN DUELMAN, On September 21, 1938, there was ALBERT WHARTON, referred to me for investigation and report, the petition of Maria R. Spen- GEO. R. MURPHY, F. W. THOMPSON, sley, Anne T. Spensley and Mary Alice Councilmen. S. Weir, requesting agricultural exemp- Attest: J. J. SHEA, tion of Mineral Lot 138 owned by the City Clerk. Petitioners for the years 1937 and 1938. Councilman Murphy moved the I find upon investigation that Aliner- of Lot lis properly within that class adoption of the resolution. Seconded by Councilman Thompson. Carried es of real estate entitled to agricultural by the following vote: Yeas—Mayor exemption within the purview of Sec- tion 6210 of the Code of Iowa of 1935. Clark, Councilmen Murphy, Thompson, I further find upon investigation and Van Duelman, Wharton. Nays—None. conference with the City Assessor that Resolution No. 109-38. the petitiouers did request an agricul- Whereas, heretofore application was tural adjustment or exemption, and filed by the within named applicants that through mistake or unintentional for Class "B" Beer Permit and it has error, Mineral Lot 138 was omitted received the approval of this Council; from the list of real estate certified by and Whereas, the premises to be occupied the Assessor td the Council for agri- cultural exemption. by them have been inspected and found The City Assessor requests that in to comply with the ordinances of this this report I convey to the Council his City and they have filed a proper bond; recommendation that the exemption of Now, Therefore, Mineral Lot 138 be allowed as an agri- Be It Resolved by the Council of the cultural exemption for the years 1937 City of Dubuque that the Manager be and 1938. and he is hereby directed to issue to the I accordingly recommend that the following named persons a Beer Per- prayer of this petition be granted and mit. Class "B" Permit. that the County Auditor be advised of Name Address the actions of the Council. Yours very truly, Dorrance Clancy and Margaret Clancy (Renewal), 336 Main Street. AL. J. NELSON, Be It Further Resolved that the bond City Solicitor. filed by such applicants be and the Councilman Murphy moved that the of City Solicitor Nel- same is hereby approved. Passed, adopted and approved this recommendation son be approved and the County Aud- 7th day of October, 1938. itor instructed accordingly. Seconded Car- CARL A. CLARK, FRANK VAN UELMAN, FRANK riedCby��the follmvVan 'gDuelman.vYeas Murphy, ALBERT WHARTON, Mayor Clark, Councilmen Thompson, Van Duelman, Wharton. GEO. R. MURPHY, F. W. THOMPSON, Nays—None. October 7, 1938. Councilmen. Attest: J. J SHEA, Honorable Xfayor and City Council, City Clerk. Dubuque, Iowa. Councilman Thompson moved the adoption of the resolution. Seconded Gentlemen: At a meeting of the City as referred on was referred by Councilman Murphy. Carried by September 28, 1938, there nReynolds��byrt tR the following vote: Yeas—Mayor Thomp- totme'f Of�`�esleyatB 1 Clark, Councilmen Murphy, son, Van Duelman, Wharton. Nays— J.�Tnrray' agent, requesting p Innis and steps or None. t,, erect a platform 232 Special Session, October 7th, 1938. stairway as a means of approach to the main or street floor on the Third Street side of the rear part of the building on the Southeast corner of Third and Main Streets, said property being described as the North 23 feet of Lot Eight (8) in the City of Dubuque, Iowa, and owned by said petitioner. Investigation discloses that the own- er of this building is desirous of divid- ing the first floor space into two busi- ness establishments, one fronting on Main Street and the other in the rear, and that in order to do so, and to gain access to the rear part, it will be neces- sary that a door be cut and a platform and stairway be built be- cause of the sloping condition of Third Street just North of the build- ing and because of the fact that the alley in the rear of the building is much lower than the main floor. It is pro- posed to cut a door in the North, side of this building, and build a platform projecting out from the building and over the sidewalk a distance of approx- imately 40 inches from the building line, and to connect that platform with the sidewalk and a series of steps or stairway. I find from investigation that like or similar privileges have heretofore been granted by the City Council providing for the erection of platforms and stair- ways, both to the main floor and second floors of buildings located on sloping lots of this same character. However, I desire to call the attention of the Council to the fact that constructions of this character might properly be classed as obstructions in the street or upon the sidewalk. I call the attention of the Council to the fact that an indemnifying bond is required of all persons erecting signs over the sidewalks, but that, so far as I am able to ascertain, no indemnifying bonds have heretofore been required from the owners of the property who have been granted the privilege, of con- structing or erecting stairways project- ing from the building line out into the street, or unloading platforms project- ing from the building into the alleys. It would appear to me that stairways or platforms are just as much of an ob- struction as any sign and that the City should be properly indemnified and pro- tected by a bond indemnifying and sav- ing harmless the City from any claim from damage or injury because of the existence of said stairways or platforms projecting into the streets or alleys. Furthermore, it occurs to me that the granting of privileges such as this, which must be done by special ordin- ance, is a special privilege for the par- ticular benefit of the applicant, and that in cases of this character the ap- plicant should be required to pay the necessary cost of publication of the or- dinance granting the privilege. Respectfullv submitted, AL. J. NELSON, City Solicitor. Councilman Van Duelman moved that the communication of City Solicit- or Nelson be referred to the City Coun- cil. Seconded by Councilman Whar- ton. Carried by the following vote: Yeas—Mayor Clark, Councilmen Mur- phy, Thompson, Van Duelman, Whar- ton. Nays—None. The vote of the Special Election of October 6th, 1938, was then canvassed by the City Council and showed the following result upon the following proposition: "Shall the following prop- osition be adopted?" "Shall the City of Dubuque, Dubuque County, Iowa, issue bonds in the sum of $230,010.00 to cover the expense of the erecting and equipping of a Me- morial Building under the provisions of Chapter 33 of the Code of 1935 and amendments thereto?" O .(V-- .M-� No. 1253 255+ 5I 1281126 I133I243I122I295I149I141 114117411 12667 60 62 2865 77 28 84 Resolution No. 111-38. Whereas, a special city election was held on the 6th day of October, 1938, in the City of Dubuque, Iowa, pursuant to the provisions of Resolution No. 95-38, passed and adopted by the City Council of the City of Dubuque on the 8th day of September, 1938, in ac- cordance with the prayer of a petition filed with the City Council, at which election the following question or prop- osition was submitted to the electors of said City of Dubuque, as provided by Chapter 33 of the Code of Iowa of 1935, namely, to -wit: "Shall the City of Dubuque, Dubuque County, Iowa, issue bonds in the sum of $230,010.00 to cover the ex- pense of the erecting and equipping of a Memorial Building under the provisions of Chapter 33, of the r Y y u u •u C C � G � u u Totalis a s a a w O .(V-- .M-� No. 1253 255+ 5I 1281126 I133I243I122I295I149I141 114117411 12667 60 62 2865 77 28 84 Resolution No. 111-38. Whereas, a special city election was held on the 6th day of October, 1938, in the City of Dubuque, Iowa, pursuant to the provisions of Resolution No. 95-38, passed and adopted by the City Council of the City of Dubuque on the 8th day of September, 1938, in ac- cordance with the prayer of a petition filed with the City Council, at which election the following question or prop- osition was submitted to the electors of said City of Dubuque, as provided by Chapter 33 of the Code of Iowa of 1935, namely, to -wit: "Shall the City of Dubuque, Dubuque County, Iowa, issue bonds in the sum of $230,010.00 to cover the ex- pense of the erecting and equipping of a Memorial Building under the provisions of Chapter 33, of the Session, October 7 Code of Iowa of 1935, and amend- ments thereto?" Whereas, the votes cast at such elec- tion were canvassed by said City Coun- cil of said City of Dubuque on October 7, 1938, at a special meeting of such said City Council called into session for said purpose, and the result found to be as follows: YES — 2865. NO — 878. Whereas, it appears from such can- vass that more than 60 per centum of all of the electors voting at said special election voted in favor of the proposi- tion and in favor of the issuance of the bonds in the sum stated in the propo- sition for the purpose of erecting and equipping a Memorial Building, and, Whereas, said petition, signed by the required number of qualified electors of the City of Dubuque asking that said election be held, was presented to and filed with the City Council, and said election so ordered held by the City Council of the City of Dubuque with the distinct understanding that the cost and expense of the erecting and equip- ping of said Memorial Building would approximate the sum of $418,200.00, and that the excess of said cost over and above the amount of the bonds to be issued in accordance with the proposi- tion submitted and voted upon at said special election, would be obtained or secured by a federal grant from The Federal Emergency Administration of Public Works of the United States Government and that said bonds in the sum of $230,010.00 would be issued by the City of Dubuque if and when the application for said Federal Grant were acted upon and allowed by said Fed- eral Emergency Administration of Pub- lic Works of the United States Gov- ernment. Now, Therefore, Be It Resolved by the City. Council of the City of Dubuque, that, in com- pliance with the wishes of the people expressed at the special election held on October 6, 1938, and, upon the al- lowance or award to the City of Du- buy_ue by the Federal Emergency Ad- ministration of Public Works of the United States Goverment of a grant in a sum of not to exceed Q188,190.00 to cover 45 per centum of the cost or ex- pense of the erecting and equipping of said Memorial Building, bonds to cover 55 per centum of the cost or expense of the erecting and equipping of said Memorial Building be issued in an amount not to exceed the sum of $230,- 010.00, which bonds shall be issued as provided by Sections 488 and 489 of Chapter 33 of the Code of Iowa of 1935, and the payment of the principal and interest of such bonds be provided for in accordance with the provisions of Chapter 33 of the Code of Iowa of 1935, all of which shall be shown and expressed in the bonds themselves, and 1938. 233 that such further proceedings be taken as are necessary for final disposition, execution and sale of such bonds. The resolution being deemed urgent shall be in force and effect from and after its adoption by the City Council. Passed and adopted this 7th day of October, 1938. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON, Attest: J. J. SHEA, Councilmen. City Clerk. Councilman Murphy moved the adop- tion of the resolution. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thomp- son, Van Duelman, Wharton. Nays— None, Councilman Van Duelman moved that the Judges and Clerks who served at the Special Election of October 6th, 1938, be allowed the amount of $6.00 each for services rendered as such Judges and Clerks. Seconded by Coun- cilman Wharton. Carried by the fol- Icnving vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. '.Ways—None. There being no further business Councilman Van Duelman moved to adjourn. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. J. J. SHEA, Citv Clerk. Approve(��__1')38. Adopt( Counci Attest: Special Session, October 24th, 1938. City Council (Official) Special Session, October 24th, 1938, Council met at 7:55 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 for final adop- tion Ordinance No. 25-38. An ordinance amending and changing the Zoning Map of the City of Dubuque as pro- vided for by Ordinance No. 3-34 by changing from Two Family Residence District to Local Business District the area comprising all of Lots 15 and 16 of part of Farley's Subdivision to the City of Dubuque and acting on any other business as may properly come before a regular meeting of the City Council. Claim of Mrs. Anthony Eberhardt in the amount of $5.25 for damages sus- tained to her car in striking a large rock or piece of cement on Bluff Street near Sixth Street, presented and read. Councilman Wharton moved to refer the Claim to the City Solicitor. Sec- onded by Councilman Van Duelman. Carried by the following vote. Yeas— Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Original Notice of Suit of Elizabeth Lange in the amount of $1,000.00 with interest and costs of suit for personal injuries and damages sustained in fall- ing on the sidewalk on the north side of Twenty-second Street between Jackson and Washington Streets, presented and read. Councilman Murphy moved to refer the Original Notice of Suit to the City Solicitor, Seconded by Council- man Van Duelman. Carried by the fol- lowing vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Communication of Retail Merchants' Bureau suggesting that the City Coun- cil designate as one hour parking space the area on both sides of Locust Street between Sixth and Seventh Streets; Sixth Street the north side only from Locust to Bluff Streets; Bluff Street the east side only from Sixth to Sev- enth et the south Side tonly dfrom eBluff ttonteLocust Streets, presented and read. Council- man Wharton moved to refer the com- munication to the City Council. Sec- onded by Councilman Murphy.. by the following vote: Yeas— Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Communication of I. C. Chamberlain Son requesting the return of the Ex- cavation Bond of F. J. Rellihan as the same has expired October 11th, 1938, presented and read. Councilman Thompson moved that the request be granted. Seconded by Councilman Van Duelman. Carried by the follow- ing vote: Yeas—Mayor Clark, Council- men Murphy, Thompson, Van Duel - man, Wharton. Nays—None. Petition of N. M. Sutton requesting the City Council to view the alley which lies east of Hill Street joining Wooten and Bonson Streets relative to having the same improved in order that he may have use of his property, pre- sented and read. Councilman Thomp- son moved that the request be granted and the petition referred to the Council to view the grounds. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Vail Duelman, Wharton. Nays—None. Petition of Charles P. Fay et al re- questing that Rowan Street be sur- veyed, graded, and a covering of rock placed on said street, presented and read. Councilman Thompson moved to refer the petition to the City Couln- cil to view the grounds. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Vats Duelman, Wharton. Nays—None. Petition of Lillard Kieler requesting that the County Treasurer be instructed to accept the principal amounts of the special assessments, plus interest and advertising costs, the balance of penal- ties to be waived, on the special assess- ments levied against Lot 7 of Jansen's Sub., presented and read. Councilman Murphy moved to refer the petition to the City Manager and City Treasurer for investigation and report. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of The Salvation Army re- questing permission for the holding of a tag day on November 5th, 1938, as it was necessary to postpone their pre- vious date of October 22nd, 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, Wharton. Nays—None. Petition of Edwin L. Bull and John Walburn requesting that sidewalks be laid between the walks at 1875 St. Jo- seph Street and the intersecting walks at Fremont Avenue, presented and read. Councilman Van Duelman moved that the petition be referred to the Council to view the grounds. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas— Mayor Clark, Councilmen Murphy, Special Session, October 24th, 1938. I 235 Thompson Van Dueln 1ian, \N harton. Nays—None. Petition of C. H. Grether et al re- questing the City Council to take action relative to the condition of the buildings at 1504, 1506, 1508 and 1510 Washing- ton Street, presented and read. Coun- cilman Wharton moved to refer the pe- tition to the Council to view the grounds. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Clark, Council- men Murphy, Thompson, Van Duel - man, Wharton. Nays—None. Petition of Peter Maas, referred to the -City Council by the Board of Su- pervisors, requesting the suspension of the 1937 taxes on Lot 166 of L. H. Langworthy's Addition, presented and read. Councilman Murphy moved to refer the petition to the City Solicitor for investigation and report. Seconded by Councilmen Van Duelman. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of Mrs. Katie A. Miller, re- ferred to the City Council by the Board of Supervisors, requesting the suspen- sion of the 1937 taxes on bots 9 and 10 of Johnson's Subdivision, presented and read. Councilman :Murphy 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 Clark, Councilmen Murphy, 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 1937 taxes on Lot 82 of McCra- ney's 1st. Addition, presented and read. Councilman Murphy moved to refer the petition to the Citv Solicitor for in- vestigation and report. Seconded by Councilmen Van Duelman. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of Sarah Koehler, referred to the City Council by the Board of Supervisors, requesting the suspension of the 1937 taxes oil the Und. % of the North 23 feet 6 inches of the South 75 feet of Lots 1, 2 and 3 of Kiene & Blocklinger's 'Subdivision, presented and read. Councilman :Murphy moved to refer the petition to the City Solicit- or for investigation and report. Sec- onded by Councilman Van Duelman. Carried by the following vote: Yeas— Mayor Clark, Councilmen Murphy' Thompson, Van Duelman, NVharton. Nays—None. Petition of Henry E. Koehler, re- ferred to the City Council by the Board of Supervisors, requesting the suspen- sion of the 1937 taxes on the Und. of the North 23 feet 6 inches of the South 75 feet of Lots 1, 2 and 3 of Kiene & Blocklinger's Subdivision, pre - rented and read. Councilman Murphy moved to refer the petition to the City Solicitor for investigation and report. Seconded by Councilman Van Duel. mail. Carried by the following vote: Yeas—Mayor Clark, Councilmen Mur- phy', Thompson, Van Duelman, Whar- ton. Nays—None. Petition of W. F. Cooper for A. A. Cooper Inc. requesting the City Coun- cil to give serious and special consider- ation to the Parking space on Highland Park, also called Cooper Heights, and asking that this small space be planted to shrubbery or plants and taken care of, presented and read. Councilman Wharton moved to refer the petition to the City Manager for investigation and report. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Clark, Council- men Murphy-, Thompson, Van Duel - man, \Vharton• Nays—None Ordinance No, 25-38. An Ordinance amending and changing the Zoning Map of the City of Dubuque as pro- vided by Ordinance No. 3-34, designat- ed "Zoning Ordinance of the City of Dubuque" so as to change to local Business District certain defined prop- crty now delimited as Two -Family Res- idence District, and declaring an emer- gency, said ordinance having been passed upon first and second readings on October 7th, 1938, presented and read a third time. ORDINANCE NO. 25-38. An Ordinance amending and chang- ing the Zoning Map of the City of Du- buque as provided for by the Ordinance No. 3-34, designated "Zoning Ordin- ance of the City of Dubuque" so as to change to Local Business District cer- tain defined property now delimited as Two -Family Residence District, and declaring an emergency. WHEREAS, it is deemed advisable by this Council to amend the Zoning Nlap of the City of Dubuque provided for by Ordinance No. 3-34 designated as "Zoning Ordinance of the City of Dubuque" so as to change to Local Business District certain defined prop- erty now delimited as Two -Family Residence District; and, WHEREAS, the proposed changes meet with the approval of the Planning and Zoning Commission of the City of Dubuque; and, 1VHEREAS, notice of such proposed changes 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 7th day of October, 1938; and WHEREAS, no objections have been filed to the proposed changes: Be it ordained by the Council of the City of Dubuque: Section 1—That the Zoning Map be, and the same is hereby amended and changed as follows: 236 Special Session, October 24th, 1938. By changing from Two -Family Resi- dence District to Local Business Dis- trict, all of the lots, lands or parcels of real estate lying within an area of real estate lying within an area bound- ed on the South by the center line of Jefferson Street; on the West by the East property line of Walnut Street; on the North by the center line of the al- ley between Jefferson Street and West Eleventh Street; on the East, by the Easterly property line of Lot Sixteen (16) of part of Farley's Subdivision to the City of Dubuque, Iowa, according to the recorded plat thereof, said area comprising all of Lots Fifteen (15) and Sixteen (16) of part of Farley's Sub- division to the City of Dubuque. Section 2—This Ordinance being deemed urgent and of immediate neces- sity 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 7th day of October, 1938. Passed, adopted and approved upon final reading this 24th day of October, 1938. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Published officially in the Telegraph - Herald newspaper, October 26th, 1938. J. J. SHEA, to -26-1t City Clerk. Councilman Van Duelman moved the adoption of the ordinance. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mhoay Clark, Councilmen Murphy, Tmp- son, 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, 1938, presented and read. Councilman Murphy moved that the proof of the publication be re- ceived and filed. Seconded by Coun- cilman Thompson. Carried by the fol- lowing vote: Yeas—Mayor Clark, Councilmen Murphv, Thompson, Van Duelman, Wharton. Nays—None. Report of the Board of Health for the month of September, 1938, present- ed. Councilman Murphy moved that the report of the Board of Health for the month of September, 1938, be re- ceived andplaced on file. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. October 19th, 1938. Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At a special meeting of your Plan- ning and Zoning Commission called October 17th to act on oral request of the State Highway Department through Building Commissioner Howie for ex- tension of Local Business District at Grandview Avenue and Cascade Road to allow certain expansion of their road equipment storage facilities and garage it was unanimously agreed to recom- mend to your honorable body that the Local Business District be extended easterly to the center line of Rowan Street and southerly to the center line of Scully Street according to plat and detailed description to be prepared by Mr. Howie. In this connection, the Planning and Zoning Commission also recommends that, if possible, the City Officials ob- tain a promise from the State Highway Department to landscape the Grand- view Avenue side of their property with the thought of concealing any space in which miscellaneous road equipment might be stored in the open. It was also the sense of the Com- mission that the State Highway De- partment should pay the cost of publi- cation, etc. ,involved in changing the Zoning Ordinance. Respectfully submitted, R. V. McKAY, Secretary Planning and Zoning Commission. H. H. Howie, October 22, 1938. Building Commissioner, Dubuque, Iowa. Dear Mr. Howie: Confirming our conversation of this morning regarding the planting of shrubs and trees to improve the appear- ance of the portion of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Mineral Lot 12 along Grandview Avenue, you may as- sure the Planning and Zoning Commis- sion that the Highway Commision will be glad to oc-operate -, ith the Commission in landscaping the above mentioned property as and when it is used by the Highway Commission as a maintenance yard. It is not our inten- tion to allow our property to become an eyesore. Yours very truly, L. L. CLEMENT, Maint. Field Engineer. Councilman Wharton moved that the recommendation of the Planning and Zoning Commission be received and made a matter of record and that the -ity Solicitor be instructed to prepare the proper procedings and that the communication of the Highway Com- mission be made a matter of record. Seconded by Councilman Murphy. Carried by the following vote: Yeas— Mayor Clark, Councilmen Murphy, Special Session, October 24th, 1938. 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 Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. October 24, 1938. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have approv- ed the following bond and policy and desire to have your approval on same for filing: TAXI CAB Yellow Cab Co., Inc., 9th &Iowa Sts. Policy No. CN -8581, Lloyd's London. PERSONAL C. J. McCarthy, Harbor and Market Master, Bond No. 831463 New Amster- dam Casualty Co. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Murphy moved that the bonds and policies be approved and placed on file. Seconded by Council- man Van Duelman. Carried by the fol- lowing vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Communication of Wm. L. Ryan, Chief of Fire Department, submitting a report of his findings on two surveys made in relation to the congestion in the alleys in the business area from Sixth to Seventh Streets and from Bluff Street to Central Avenue and recom- mending that a City Ordinance be passed prohibiting parking on one side of the alleys least congested and no parking in alleys in heavily congested districts thereby after designating one way traffic in certain alleys a lane would be maintained to permit fire ap- paratus to drive through such alleys, in alleys where no parking would be per- mitted it would be necessary to require truck loading, etc., to maintain this pas- sageway, presented and read. Council- man Wharton moved that the City So- licitor be instructed to draft a tentative ordinance, with the recommendation of the City Manager, Chief of Fire De- partment and Chief of Police, and sub- mit the same to the City Council for their consideration. Seconded by Coun- cilmen Thompson. Carried by the fol- lowing vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Ordinance No. 26-38. An ordinance vacating that part of Charles Street from Broadway to the East line of the alley first West of Broadway, and ly- ing between Lots 36 and 37 of South Park Hill Addition to the City of Du- buque, Iowa, and that part of Charles 237 Street from the West line of the alley first West of Broadway to Muscatine Street, lying between bots 15 and 16 of South Park Hill Addition, to the City of Dubuque, Iowa, and conveying that vacated part of said Charles Street from Broadway to the East line of the alley first West of Broadway, and lying be- tween bots 36 and 37 of South Hill Ad- dition to the City of Dubuque, Iowa, to Robert E. Miller, 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 - 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 had be considered the sec- ond reading of the ordinance. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 112-38. Whereas, the City Council of the City of Dubuque, Iowa, has by Reso- lution No. 110-38 given its prelimin- ary approval on the proposed plans, 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 DRILLING, CASING, SEAL- ING AND TESTING OF A NEW DEEP WELL, located on Lot 503 or 504 Part of Ham's Addition. Be It Therefore Resolved that on the 7th day of November 1938, 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 some 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 24th day of October, 1938. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. 238 Special Session, October 24th, 1938. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 113-38. Be It Resolved by the City Council of the City of Dubuque, that pursuant to a resolution No. 110-38, which was duly passed by this Council for the Drilling, casing, sealing and testing of a Nov Deep well, located on Lot 503 or 504 Ham's Addition. 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 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 improvements be paid for by 45°76 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 improve- ments herein provided for in the man- ner provided by law, the said improve- ment., shall be completed on or before the 1st clay of May, 1939. 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 24th day of October, 1938. CARL A. CLARK, \favor. FRANK VAN DL'L;I,N1AN, 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, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 114-38. Whereas, application for Class "B" Beer Permit has been submitted to this Council for approval and the same has been exemained: 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- cants shall he forthwith inspected. Class "B" Permit. Name Address Arthur J. Spahn and Raymond Wright (Transfer of address from 1696 Central Avenue), 428 West I,o- cust Street. Passed, adopted and approved this 24th day of October, 1938. 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. 115-38. Whereas, heretofore application was filed by the within named applicants for Class "B" Beer Permit and it has 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 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 Arthur J. Spahn and Ravmond Wright (Transfer of address from 1696 Central Avenue), 428 West Lo- cust Street. Be It Further Resolved that the bond filed by such applicants be and the same is hereby approved. Passed, adopted and approved this 24th day of October, 1938. CARL A. CLARK, Mayor. FRANK VAN DUELIVIAN, ALERT 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 bfurphy. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. October 24, 1938. To the Honorable Mayor and City Council, Dubuque, Iowa. Re: Claim of Mrs. Oscar Williams Gentlemen : On February 15, 1938, there was filed with the City Clerk, claim of Mrs. Oscar Williams, _ for damages in the stun of $200.00 on account of injuries received on her alleged fall on icy side- xvalk at the intersection of Thirteenth and Central Avenue, on February 1, 1938, which claim was, thereafter, re- ferred to the City Solicitor for inves- tigation and report. I beg to advise that I have completed investigation of this claim and of the Special Session, October 24th, 1938. 239 facts and circumstances surrounding the same, and from all of the evidence adduced I find no liability on the part of the City of Dubuque, and, therefore, recommend that the claim be disal- lowed. Yours very truly, AL. J. NELSON, City Solicitor. Councilman Thompson moved that the recommendation of City Solicitor Nelson be approved. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Clark. Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. October 24, 1938. To the Honorable Mayor and City Council, Dubuque, Iowa. Re: Claim of Emory F. Healy. Gentlemen: On :larch 21. 1938, there was filed with the Citv Clerk the claim of Emory F. Healy, for damages on account of alleged injuries sustained in a fall upon the sidewalk on the Northeast corner of Ninth and White Streets on Janu- ary 25, 1938, which claim was referred to the City Solicitor for investigation and report. I beg to advise that I have made complete investigation of this claim and of the circumstances of the same and from the evidence adduced, 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. Councilman 'Murphy moved that the recommendation of City Solicitor Nel- son be approved. Seconded by Coun- cilman Thompson. Carried by the fol- lowing 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. Approved G Adopteda FARK—WrA �l Counciim Attest: _ ".-- l 1 l it>• Clerk. Regular Session, November 7th, 1938. City Council (Official.) Regular Session, November 7th, 1938. Council met at 7:55 P. M. Present—Mayor Clark, Councilmen 'Murphy, Thompson, Van Duelman, Wharton, City Manager Rhomberg. Mayor Clark stated that this is the regular monthly meeting of the City Council for the purpose of acting upon such business as may properly come before the meeting. Councilman Van Duelman 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. Second- ed by Councilman Wharton. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thomp- son, Van Duelman, Wharton. Nays— None. Attorney John J. Kintzinger ad- dressed the Council and presented and read the petition of the Dubuque Pos- ter Adv. Co. requesting that Division (a) and Division (b) of Ordinance No. 769 of the Building Code of the City of Dubuque, Iowa, and also that that part of Ordinance No. 3-34 of the Zoning Ordinance pertaining to the construc- tion of billboards be repealed. Coun- cilman Wharton moved that the peti- tion be referred to the City Council and Planning and Zoning Commission for consideration and that the petition- ers be notified to be present at said meeting. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Clark, Council- men Murphy, Thompson, Van Duel - man, Wharton. Nays—None. Attornev Rav Licklider addressed the Council and read a copy of the Claim filed by J. M. Davison, Jr., in the amount of $25.00 for injuries sustained in a fall on the Northeast corner of Seventh and Iowa Streets. Councilman Wharton moved that this matter be left with the City Solicitor to ascertain if a report has been submitted to the City Council on this Claim and the action of the City Council, if any, tak- en on said report. Seconded by Coun- cilman Murphy. Carried by the fol- lowing vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. lair. Oscar Irmen addressed the Council requesting that West 28th Street be graded, properly drained, and placed in a proper condition. Council- man Murphy moved that the request be referred to the City Manager for a re- port to be submitted back to the City Council. Seconded by Councilman Van Duelman Carried by the follow- ing vote: Yeas—Mayor Clark, Coun- cilmen Murphy, Thompson, Van Duel - man, Wharton. Nays None. 241 Petition of Leo J. Diener, Capitol Theatre, requesting permissibn to re- model the steps on the south side of the Capitol Theatre Building presented and read. Councilman Murphy moved to refer the petition to the City Man- ager and Building Commissioner for investigation and report. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duehnan, Wharton. Nays—None. Communication of Mississippi Val- ley Association extending an invitation to the Honorable Mayor and City Coun- cil to attend the annual meeting of the Association to be held in St. Louis on November 21st and 22nd, presented and read. Councilman Wharton moved to refer the communication to the City Council. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Clark, Council- men Murphy, Thompson, Van Duel - man, Wharton. Nays—None. Communication of J. P. Brake, Vice President, Dubuque Association of the Blind, extending the sincere and heart felt thanks of the blind of Dubuque to the City Council for the placing of "%\'arning Signs" to protect the blind at various places where the motorists could readilv see them presented and read. Councilman Van Duelman moved that the communication 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. Petition of M. J. Pautvein requesting that the alley in the rear of 770 Angel - la Street be improved in order that the water will not drain over this property presented and read. Councilman Van Duelman moved to refer the petition to the City Council to view the grounds. Seconded by Councilman Murphy. Carried by the following vote: Yeas— Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of Mrs. L. Heer requesting that an investigation be made of the building and dumping place on the prop- erty of Jenny Walser Estate at 12th and Elm Streets presented and read. Councilman Wharton moved that the petition be received and filed. Second- ed by Councilman Van Duelman. Car- ried by the following vote: Yeas— JMayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of Joe Fessler, referred to the City Council by the Board of Su- pervisors requesting suspension of the last half of the 1937 tax on Lots 40 and 74 of Belmont Addition presented and read. Councilman Murphy moved to refer the petition to the City Solicitor for investigation and report. Seconded 242 Regular Session, November 7th, 1938. by Councilman Thompson. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of Junior Auxiliary of the Visiting Nurse Association requesting permission for the holding of a Double Barred Cross Day (tag day) on Decein- her 17th, 1938, presented and read. Councilman Van Duelman moved that the request be granted. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of Dubuque Packing Com- pany requesting permission to use the sidewalk situated on the south side of 18th Street between Sycamore and Cedar Streets for the purpose of main- taining a runway to the stockyards of said Company and also that they be al- lowed and permitted to use the West 5 feet of the Alley which runs in a northerly and southerly direction be- tween 17th and 18th Streets for the pur- pose of maintaining a cattle run from their stockyards to the killing room presented and read. Councilman Mur- phy moved to refer the petition to the City Council to view the grounds. Sec- onded by Councilman Van Duelman. Carried by the following vote: Yeas— Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Ordinance No. 26-28. An ordinance vacating that part of Charles Street from Broadway to the East line of the alley first West of Broadway, and lying between Lots 36 and 37 of South Park Hill Addition to the City of Dubuque, Iowa, and that part of Charles Street from the West line of the alley first West of Broadway to Muscatine Street, lying between Lots 15 and 16 of South Park Hill Addition, to the City of Du- buque, Iowa, and conveying that vacat- ed part of said Charles Street from Broadway to the East line of the alley first West of Broadway, and lying be- tween Lots 36 and 37 of South Park Hill Addition to the City of Dubuque, Iowa, to Robert E. Miller, said ordin- ance having been passed upon first and second readings on October 24th, 1938, presented and read a third time. ORDINANCE NO. 26-38. An ordinance vacating that part of Charles Street from Broadway to the East line of the alley first Nest of Broadway, and lying between Lots 36 and 37 of South Park Hill Addition to the City of Dubuque, Iowa, and that part of Charles Street from the West line of the alley first West of Broad- way to Muscatine Street, lying between Lots 15 and 16 of South Park Hill Ad- dition, to the City of Dubuque, Iowa, and conveying that vacated part of said Charles Street from Broadway to the East line of the alley first West of Broadway, and lying between Lots 36 and 37 of South Park Hill Addition to the City of Dubuque, Iowa, to Robert E Miller. WHEREAS, a request has been filed with the City Council of the City of Dubuque to vacate that portion of Charles Street from Broadway to the East line of the alley first West of Broadway and lying between Lots 36 and 37 of South Park Hill Addition to the City of Dubuque, and that portion of Charles Street from the West line of the alley first West of Broadway to Muscatine Street and lying between Lots 15 and 16 of South Park Hill Ad- dition to the City of Dubuque, Iowa, and to grant and convey that portion of said Charles Street from Broadway to the East line of the alley first West of Broadway and lying between Lots 36 and 37 of South Park Hill Addition to Robert E. Miller, which request has been submitted to the Planning and Zoning commission for its recommen- dation or approval; and WHEREAS, said Planning and Zon- ing Commission has filed its recom- mendation with the City Council where- in it recommends the granting of the request; and, WHEREAS, this Council finds that said described portion of Charles Street served no public purpose, and in all probability will never be needed or use- ful as a public thoroughfare: NOW, THEREFORE, Be it ordained by the City Council of the City of Dubuque: Par. 720, Section 1. That, that part of Charles Street from Broadway to the East line of the alley first West of Broadway, and lying between Lots 36 and 37 of South Park Hill Addition to the City of Dubuque, be, and the same is hereby vacated, and the public use thereof is hereby annulled. Par. 721, Section 2. That, that part of Charles Street extending from the West Line of the alley first West of Broadway to Muscatine Street and ly- ing between Lots 15 and 16 of South Park Hill Addition to the City of Du- buque, be, and the same is, hereby va- cated, and the public use thereof as a thoroughfare is hereby annulled. Par. 722, Section 3. That, for value received that vacated part of Charles Street from Broadway to the East line of the alley first West of Broadway and lying between Lots 36 and 37 of South Park Hill Addition to the City of Du- buque, be, and the same is hereby granted and conveyed to Robert E. Miller. Par. 723, Section 4. That, after the adoption of this ordinance, the City Clerk shall file a certified copy of the same in the office of the County Re- corder of Dubuque County, Iowa. Par 724, Section 5. That this or- dinance shall be in force and effect ten Regular Session, Is (10) days from and after its final pas- sage and adoption by the City Council, and publication as provided by law. Passed upon first and second read- ings this 24th day of October, 1938. Passed, adopted and approved upon final reading this 7th day of Novem- ber, 1938. CARL A. CLARK, Mayor. FRANK VAN DU9LMAN, ALBERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Published officially in the Telegraph - Herald newspaper this 9th day of No- vember, 1938. J. J. SHEA, 11-9-1t City Clerk. Councilman Van Duelman moved the adoption of the ordinance. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thomp- son, Van Duelman, Wharton. Nays— None. Resolution 116-38. Be It Resolved by the City Council of the City of Dubuque, Iowa, that it is deemed advisable to sell Lot Thirty- seven (37) of South Park Hill Addition to the City of Dubuque, Iowa, to Rob- ert E. Miller, for the sum of One Hun- dred Five and no/100 ($105.00) Dol- lars, and to execute a quit claim deed of said premises to said grantee and deliver the same to him upon the pay- ment of said purchase price. Be It Further Resolved that the Mayor and Clerk of said City of Du- buque, be, and they are herby 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 7th day of November, 1938. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA,. City Clerk. Councilman Murphy moved the 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 November 7, 1938. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the session of the City Council held October 24, 1938, the petition of Lillard Kieler requesting that the Coun- ty Treasurer be instructed to accept the principal amounts of the Special assess- fovember 7th, 1938. 243 ments, plus interest and advertising costs, the balance of penalties to be waived, against Lot 7 of Jansen's Sub., Special Assessment Fund 947 was re- ferred to the City Manager and .City Treasurer for investigation and report. We have examined the records and find the account to be as stated in the petition and recommend that the peti- tion be granted. Respectfully submitted, A. A. RHOMBERG, City Manager. O. F. PULS, City Treasurer. Councilman Murphy moved that the recommendation of City Manager Rhomberg and City Treasurer Puts be approved and the County Treasurer to be instructed accordingly. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thomp- son, Van Duelman, Wharton. Nays— None. November 7, 1938. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: On October 25, 1938, the City Coun- cil viewed the grounds on a number of petitions and requests throughout the city. The situations viewed and the de- cisions of the Council are as follows: (1) Rowan Street—petition of Charles P. Pay et at of October 24, 1938— Council saw no present need of grading this street. (2) Alley between Grandview Avenue and Bradley Street from Randall Place to Dunning Street—petition of Donald H. Head of October 3, 1938—Council decided that the al- ley be surveyed with a view to cor- recting the drainage. (3) Alley first east of Hill Street from Wooten to Bonson Streets—peti- tion of N. M. Sutton of October 24, 1938—Council decided alley be staked out according to the estab- lished grade so as to determine the relationship of the alley grade and the level of Lots 4 and 11 of Wat- ter's Sub. (4) Need for sidewalk along St. Joseph Street abutting the South 50 feet of the East 140 feet of the East 240 feet of Lot 9 of Sister's Add.—pe- tition of Edwin L. Bull and John Walbrun of October 24, 1938— Council directed the manager to confer with the owner. This has been done and the owner agreed to construct the necessary 140 feet of sidewalk at once. (5) Sewers for District bounded by the corporation line, Delhi Street, As- bury Street, St. Ambrose Street, Seminary Street and the Bunker Hill Golf Course—petition of E. L. Simon et at of October 3, 1938— Council decided that to provide 244 Regular Session, November 7th, 1938. sewer for this district would in- volve a great expense for mains and pumping equipment and that the time was not opportune for such assessment. (6) A cross -Street from Shiras Avenue to Roosevelt Street—petition of Arthur H. Eichman et al of Octo- ber 3, 1938—Council could see no present need of such a connecting street. (7) Street lights and drainage of Dav- enport Street—petition of Joseph Plein, Jr., of October 3, 1938— Council decided petition be denied. (8) Condition of houses on the North 32 feet 10 inches of Lot 116 and the South one-half of Lot 115 of East Dubuque Add.—petition of C. H. Grether et al of October 24, 1938— Council was of the opinion that condemnation committee be ap- pointed. (9) Alley entrance to J. F. Stampfer Co. store—petition of October 3, 1938—Council decided to grant the petition provided the canopy be built according to the plan and that the cost of publication of the spe- cial ordinance be borne by the pe- titioner. I recommnd that the actions and de- cisions of the City Council of October 25, 1938, be approved and confirmed. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Murphy moved that the decisions of the City Council be con- firmed. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Clark, Council- men Murphy, Thompson, Van Duel - man, Wharton. Nays—None November 7, 1938. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The petition of C. W. Nickles et al of October 3, 1938, requesting a stop - and -go light at 22nd Street and Central Avenue and the petition of A. H. Smith of August 30, 1938, requesting stop signs at Seminary and Madison Streets and a stop -and -go light at West 14th and Main Streets were referred to the City Manager for a report Since the stop -and -go lights request- ed are on State Highways, I contacted the Iowa State Highway Commission and after a field examination with its representatives received the attached let- ter. The Commission representatives are opposed to any stop lights at West 14th and Main Streets, but have given Permission to the installation of a sus- pended four (4) way stop -and -go light at 22nd and Central with the under- standing that a four post stop -and -go light be put in at West 14th and Locust Streets. Stop signs have already been erected at Seminary and Madison Streets. I recommend that four (4) post stop - and -go signs be erected at West 14th and Locust Streets and following such installation the present suspended four (4) way light be moved and erected at 22nd and Central Avenue. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Murphy moved that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. November 7, 1938. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the session of the City Council held October 24, 1938, the petition of W. F. Cooper, for A. A. Cooper, Inc., requesting the Council to give serious and special consideration to the parking space on Highland Park, also called Cooper Heights, was referred to the City Manager for investigation and re- port. I have examined the records and find that on the plat of Cooper Heights, filed in the County Recorder's office on December 30, 1925, there is shown a flat iron shaped area in the center of Cooper Place approximately 250 feet in length and 40 feet in greatest width marked "Park". The dedication is as follows: "The foregoing Subdivision of City Lots 691, 700, and East 100 feet of 721 in the City of Dubuque, Iowa, as appears on this plat is with the free consent and in accordance with the de- sire of the undersigned owner and pro- prietor of said Real Estate, and we hereby "Dedicate to the Public forever, the Streets and Lanes thereon shown, said Subdivision to be known and named "Cooper Heights". Acknowl- edged December 1, 1938. A. A. Coop- er, Inc. (Seal) By W. F. Cooper, Presi- dent and A. A. Cooper, Treasurer. It appears from the plat and from the assessments records on sewers and street paving that the intent was to consider the area marked "Park" as a part of Cooper Place. If such is the case, the city would be charged with the upkeep of this area. I find no ref- erence in the council record to any promises to beautify the area. The promises mentiond in the petition, no doubt ,were verbal ones on the part of city employees and not binding on the Council. I recommend that the city hereafter cut the weeds on the parked area in the center of Cooper Place and that if any beautification of the area is con- templated that such matter be discussed with the Park Board. Respectfully submitted, A. A. RHOMBERG, City Manager. Regular Session, November 7th, 1938. 245 Councilman Van Duelman moved that the recommendation of City Man- ager Rhomberg be approved. Second- ed by 'Councilman Wharton. Carried by the following voter Yeas -Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays -None. Resolution 117-38. Whereas, on September 23, 1938, the City Council of Dubuque, Iowa, adopt- ed Resolution No. 104-38 Establishing Minimum Wage Scales to be paid to the various classifications of labor to be engaged oil PWA Project No. 1684F - involving Improvements to the Water Works System, and Whereas, the Federal Emergency Ad- ministration of Public Works after a review of such wage scales has made certain changes of the minimum wages to be paid oil this Project, Now There- fore Be It Resolved by the City Council of the City of Dubuque, Iowa, that the action of the City Council on Septem- ber 23, 1938, in adopting Resolution No. 104-38 be rescinded and Resolution No. 104-38 be declared null and void. Passed, adopted and approved this 7th day of November, 1938. 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, Thomp- son, Van Duelman, Wharton. Nays - None. Resolution No. 118-38. Fixing Minimum Wage Rates P. W. A. Iowa Docket 1684-F. Whereas, a thorough investigation has been made of the hourly wage rates which are being paid in the City of Du- buque, Iowa, in Dubuque County,which is the locality in which the proposed project is to be constructed by the City of Dubuque, Iowa, to employees in each trade or occupation engaged in work of a nature similar to the work to be per- formed 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 City Council through aid of Secretary of Trades and Labor Congress, Secretaries of Trade Unions and Local Contractors. Now, Therefore, Be It Resolved by the City Council of the City of Du- buque, Iowa, that the following s rates for the respective trades or occupation listed below shall be and are hereby fixed as the minimum hourly wage rates and have been determined in ac- cordance with rates prevailing for work of a similar nature in the locality in which the project is to be constructed; Trade or Wage Rate Occupation (On Hourly Basis) Building Construction Boiler Makers ----------------- $1.125 Bricklayers ___________________ 1.375 Bricklayer Tenders ------------ .85 Carpenters ____________________ 1.00 Cement Finishers ______________ .75 Electrical Workers ------------ 1.00 Glaziers '---------------------- .925 Hoisting Engineer (1 drum) ---- 1.00 Hoisting Engineer (2 drum)____ 1.25 Iron Workers -Ornamental __-_ 1.00 Iron Workers -Structural ------ 1.00 Iron Workers-Rodmen ________ .60 Lathers -Wood ________________ 1.00 Lathers -Metal ________________ 1.00 Marble Setters _________________ 1.375 Mosaic and Terrazzo Workers-__ 1.375 Marble Helpers ________________ 1.00 Terrazzo Helpers ______________ 1.00 Tile Setters ___________________ 1.25 Tile Setter Helpers_____________ 1.00 Mortar Tenders _______________ .80 Mortar Mixers ________________ .85 Painters, Paper Hangers and Decorators __________________ .925 Plasterers _____________________ 1.25 Plaster Tenders _______________ .85 Plumbers ______________________ 1.10 Roofers -Slate and Tile --------- .90 Roofers -Composition --------- 1.00 Kettlemen _____________________ .50 Sheet Metal Workers ----------- .90 Shovel, Crane Pile Driver, Clam- shell Operator _______________ 1.25 Steam Fitters - --------------1.10 Steam Fitter Helpers ----------- .50 Stone Cutters ----------------- 1.375 Stone Masons _________________ 1.375 Water Proofers_______________ .90 Welders, Arc and Acetylene_____ 1.00 Welders, Burners, Cutters ------ 1.00 Teamsters ____________________ .60 Truck Drivers _________________ .75 Laborers -Common ----------- .50 Laborers -Building _____ _____ .50 Heavy Construction Blacksmith_____________ 1.125 Blacksmith Helpers ____________ .60 Bricklayers -Paving ----------- 1.375 Bricklayers -Sewer Manhole ___ 1.375 Bricklayers -'fenders ---------- .85 Carpenters ____________________ 1.00 Caulkers -Pipe ________________ 1.10 Cement Finishers ______________ .75 Graders -Fine Grademen ------ .60 Iron Workers -Structural ______ 1.00 Iron Workers -Reinforcing ___- 1.00 Ketilemen ______________ .50 Mechanic -Repairmen --------- .90 Mechanic -Bulldozer ----------- .90 Operator -Compressor _________ 1.25 Operator -Cement Gun ________ 1.25 Operator -Shovel -------------- 1.25 Operator -Crane, Dragline, Clamshell _ _ - 1.25 Operator -Ditcher, Trench Ma_ 1.25 chine---------------------- 246 Regular Session, November 7th, 1938. Trade or Wage Rate Occupation (On Hourly Basis) Operator—Firemen------------ 75 Operator—Grader, Backfiller _-- 1.25 Operator—Jackhammer -------- 1.25 1.25 Operator—Mixers------------- Operator—Oilers, Greasers, 75 Firemen -------------- Operator—Pumps--------------1.00 Operator—Rollers ------------- 1.00 Operator—Tractors------------ 1.00 Operator—Trucks------------- .75 Pipe Layers ------------------- 1.10 Pipe Handlers _________________ .50 Reinforcement Placers --------- .60 Tool Dressers ----------------- 1.125 Well Drillers ------------------ 1.25 Winchmen-------------------- .65 Laborers ---------------------- .50 Well Driller Helper ------------ .65 In case it becomes necessary for the Contractor or any sub -contractor to employ on the Project under this con- tract any person or trade or occupation for which no minimum wage rate is herein specified, the Contractor shall immediately notify the Owner who will promptly thereafter furnish the Con- tractor with the minimum rate. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the persons af- fecteo and during the continuance of such employment. Be It Further Resolved, that the foregoing list of trades or occupations includes to the best of our knowledge, all the classifications of employees who will be engaged in work on said Proj- ect other than executive, supervisory, administrative, clerical or other non - manual workers as such. Be It Further Resolved, that there be transmitted with this resolution the substantiating data upon which the foregoing determination is based. Passed, adoped and approved this 7th day of November, 1938. 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, CouncilmenMurphy, Thomp- son, Van Duelman, Wharton. Nays— None. Proof of publication, certified to by the publishers, of the official notice of a public hearing upon the plans and specifications, form of contract, and cost of improvements for the Drilling, Casing, Sealing and Testing of a New Deep Well to be located on Lots 503 and 504 of Ham's Addition, presented and read. Councilman Thompson moved that the proof of publication be received and filed. Seconded by Coun- cilman Van Duelman. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Councilman Van Duelman moved that Sub. Paragraph B of Section 5 of General Conditions Section II of speci- fications for drilling deep well PWA— Docket 1684F, Contract No. 1 be amend- ed by inserting in said Paragraph B, Page F-3, after the word "Provided" in Line 5 of said Paragraph B the follow- ing: "That Union Labor shall be used by all employers under this contract whenever available, and". Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Clark, Van Murphy, Thomp- son, an Duelman, Wharton. Nays— None. Resolution No. 119-38. Whereas, proposed plans and specifi- cations and form of contract for the Drilling, Casing, Sealing and Testing of a New Deep Well, located on Lot 503 or 504, Part of Ham's Addition have been approved by the City 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 objections to said plans, specifica- tions or contract for or cost of such improvements, said time being this 7th day of November, 1938; and Whereas, the City Council met in Regular session this 7th day of Novem- ber, 1938, 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 con- sidered; now, therefore 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 res- olution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of contract for or cost of said improvement be made a matter of per- Regular Session, T manent record in connection with said improvement. Passed, adopted and approved this. 7th day of November, 1938. 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. Sec- onded by Councilman Thompson. Car- ried by the following vote: Yeas— Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 120-38. Whereas, applications for Beer Permits have been submitted to this Council for approval and the same have been examined; now, therefore Be It Resolved by the Council of the City of Dubuque that the following ap- plications be and the same are hereby approved and it is ordered that the premises to be occupied by such ap- plicants shall be forthwith inspected. Class "B" Permit. Name Address Morris Blum and William Maas (Renewal) ____700 East 16th Street Joe Graff (Renewal) 1046 Central Ave. Fred Herber and Ray '.picks (Renewal)____ 521 East 22nd Street Milton J. Kalmes (Renewal)______1085 Julien Avenue Wm. Barrington and Glenn Miller (Renewal) 250 West First St. Howard D. Brownell (Renewal)__________198 Main Street George Hail (Renewal)_ -1766 Central Class "C" Permit Corinne Howe and Ralph F. Howe __________1030 NN"alnut Street Passed, adopted and approved this 7th day of November, 1938. 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, Thomp- son, Van Duelman, Wharton. Nays— None. Resolution No. 121-38. Whereas, heretofore applications were filed by the within named appli- cants for Beer Permits and they received the approval of this Council; and lovember 7th, 1938. 247 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 Morris Blum and William Maas (Renewal) ____700 East 16th Street Joe Graff (Renewal) 1046 Central Ave. Fred Herber and Ray Nicks (Renewal)____ 521 East 22nd Street Milton J. Kalmes (Renewal)______1085 Julien Avenue Wm. Barrington and Glenn Miller (Renewal) 250 West First St. Howard D. Brownell (Renewal)__________198 Main Street George Hail (Renewal) __17,66 Central Class "C" Permit Corinne Howe and Ralph F. Howe __________1030 Walnut Street Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 7th day of November, 1938. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Murphy moved the adoption of the resolution. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 122-38. Whereas, the Planning and Zoning Commission of the City of Dubuque has recommended to the City Council that the zoning map and zoning ordi- nance of the City of Dubuque be amended and changed in the following respects: By changing from "Single Family Residence District" to "Local Business District," all that part of Lot 1 of Lot 1 of Lot 1 of Mineral Lot Twelve (12), in the City of Dubuque, not already determined and delimited as a "Local Business District," and by extending said "Local Business District" easterly to the center line of Rowan Street, and southerly to the center line of Scully Street; and. Whereas, said Planning and Zoning Commission of the City of Dubuque has recommended to this Council that said zoning map and zoning ordinance be thus amended and changed, upon the payment by the Highway Depart- ment of the State of Iowa, of the cost 248 Regular Session, November 7th, 1938. of publication of the necessary ordi- nance to effect such change and amend- ments; and, Whereas, before said zoning map and zoning ordinance can thus be 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 said rec- ommendation of the Planning and Zoning Commission, be, and the same is hereby approved, and the City Clerk is hereby directed to cause to be pub- lished in the official publication in the City of Dubuque, a notice of a public hearing to be held by this Council up- on the proposed changes and amend- ments, the date of said meeting and hearing being fixed for 7:30 o'clock P. M., on November 28th, 1938, and to be held in the Council Chamber in the City Hall, in the City of Dubuque, said notice to be published at least fifteen (15) days before the date of said meet- ing; at which said time all parties in- terested and all citizens sliall have an opportunity to be heard. Passed, adopted and approved this 7th day of November, 1938. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Murphy moved the adop- tion of the resolution. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. The following decisions of the City Council relative to various tax petitions requesting suspension of taxes present- ed for Council approval: Mrs. Katie Miller requesting suspension of the 1937 taxes on Lots 9 and 10 of Johnston's Sub., request granted. George J. Roepsch requesting suspension of the 1937 taxes on Lot 82 of McCraney's 1st. Addition, request granted; Henry E. Koehler requesting suspension of the 1937 taxes on the Und. % of the North 23�; feet of South 75 feet of Lots 1, 2, 3 of Kiene and Blocklinger's Sub. of Out Lot 734, request granted; Sarah Koehler requesting xsuspension of the 1937 taxes on the Und. % of the North 23; 1 feet of South 75 feet of Lots 1, 2, 3 of Kiene and Bl cklinger's Sub. of ,Out. Lot 734,. WAeowftr granted Coun- cilhian Van Duelman moved•?hat the decisions of the City Council on the various tax petitions be approved and the Board of Supervisors to be notified of the action of the City Council. Sec- onded by Councilman Murphy. Car- ried 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 Thompson. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. J. J. SHEA, City Clerk. Approve Fk 8 Olt 1939. Adopted 1OV1.t6 _,=�7-0_TJJ939. Co 1111 f9pffrri— . Zr _ /---------- Attest: --- -•-- .--��iFaK/►--- (1 Citv Clerk. Special Session November 10th, 1938. City Council (Official) Special Session. November 10th, 19:3. Council met at 3:00 P. M. Present—Mayor Clark, Councilmen Murphy, Thompson, Can Duelman. Wharton. City Manager Rhomberg. Meeting called by order of Councilmen Van Duelman and Wharton. \favor 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 sub- mitted for the drilling, casing, sealing and testing of a New Deep Well locat- ed on Lot 503 or # of Ham's Addi- tion 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 official--nCitiee to ; contractors of the receipt of bids for ` 'Water Works Improvements—City of Dubuque. Iowa, presented and read. Councilman Murphy moved that the proof of publication be received and filed. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas —Mayor Clark, Councilmen 'Mur- phy. Thompson. Van Duelman. \Char - ton. Nays None. November Oth. 1935. To the Honorable Mayor and City Council: Gentlemen: Pursuant to Resolution. No. 113-38 adopted by the Cit}- Council on Octo- ber 24, 1935. sealed bids were received and opened at 10 o'clock A. M. \oyem- her 10, 1935, for the drilling. casing, sealing and testing of a new deep well as a part of PR'A Project 1684F for the improvements to the \Cater Works System. Attached hereto is a tabulation of the six bids received. No irregularities were found in any of the proposals. We recommend that the contract for construction of the new deep well be awarded to C. \C. Varner. of Dubuque. ' Iowa, his being the lowest and best bid received. Respectfully submitted. A. A. RHOMBERG. City Manager. J. J. HAIL. Superintendent: Water Works. Councilman Thompson moved that the recommendation of City Manager Rhomberg and Supt. of Water Works Hail be approved. Seconded by Coun- cilman Wharton. Carried by the fol- lo,%ing vote: Yeas—Mayor Clark, Counci!rnen Murphy. Thompson, Van Duelman. Wharton. Nays—None. Resolution No. 123-38. Be It Resolved by the City Council, of the City of Dubuque. Iowa: Whereas. the City of Dubuque. Iona, has received bids for the Drilling. Cas - 249 ing, Sealing and Testing o: a New located on Lot 503 or ;6�. Part of Ham's Addition, and \\-hereas, the bid of C. :'.. Varner as shown on iters 1 to 11 inn usive and sabiect to substitute items 12 and 13 for the sum of S17.:12.00 is the lowest and best bid received for such work-, Nosy. Therefore, Be It Resolved. that the contract for such work be awarded to C. W. Varner for the sum of r17.- 5.42.00. such amount being determined by the acceptance of the base bid. Pro- vided, however. that this award sha'.: not be effective until the C. \\'. Carntr shall have been notified in writing 3y the City Manager, of such award. Be It Further Resolved that this resolution being deemed urgent and o= immediate necessity become effec"ve from and after its final passage ani adoption by the City Counci".. approved and placed on file for one week on November loth, 1918. Councilman Wharton moved that the resolution be approved and orde-ed placed or, file in the c-:'.':.ce o: the City Clerk for public inspection for at lea t ,-)ne %:eel;. Seconded by Councilman Murphv. Carried by the iollowing vote: Leas Mayor Clark, Councilmen 'Murphy. Thompson. Can Duelrnan. Wharton. Nays—\one. Petition of Sydney Haudens .;. :'. Administrator of the Estate -: '11 - Entringer, deceased. re,uestir l a promise settlement of the specia: _ --- - ment levied against the East _ktee: _. Lot 1 of Breake_v's Addition in an amount of S47.64, presented and read - Councilman Can Duelman moved to reser the petition to the Cir: Manager for investigation and rel --t. Seconded by Councilman Murphy. Carried by the following vote: Yeas_ Mayor Clark. Courci:men Murphy. Thompson. Van Duelman, Wharton. Nays—\one. There being ro further business Coincilman Van Duelman moved to adjourn. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mavor Clark. Councilmen Murphy. Then-- Can Duelman. Wharton. Na -.s ane. J. J. ; EA. C:- C!erk- \prr C:��yKt 411.4 939. '! 339. .• ff ----- ----- -- _-\ttest: - C:--: clerk. 250 Special Session, November 17th, 1938. City Council Official. Special Session, November 17th, 1938. Council met at 8:00 P. M. Present—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton, City Manager Rhomberg. Meeting called by order of Councilmen Murphy and Thompson. 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 for final adop- tion Resolution No. 123-38. A reso- lution awarding the contract for the drilling, casing, sealing and testing of a New Deep Well located on Lot 503 or 504, Part of Ham's Addition, to C. W. Varner, said resolution having been approved on November 10th, 1938, and ordered placed on file in the office of the City Clerk for public inspection for at least one week and acting on any other business as may properly come before a regular meeting of the City Council. Notice of Claim of Julius Bonz in the sum of $500.00 for personal injuries re- ceived when confined in the city jail on October 22nd, 1938, where he was bitten and infected by bites from vermin and insects, presented and read. Council- man Murphy moved to suspend the rules for the purpose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Van Duelman. Carried by the follow- ing vote: Yeas—Mayor Clark, Coun- cilmen Murphy, Thompson, Van Duel - man, Wharton. Nays—None. Attor- ney John A. Cunningham addressed the Council relative to the claim of Julius Bonz and requested that the Council give this claim their careful consideration. Councilman Wharton moved to refer the Notice of Claim of Julius Bonz 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. Mr. Jackson M. Marshall addressed the Council requesting that the petition of the Dubuque Packing Company now before the Council in which they re- quest the use of additional sidewalk space and streets and alleys, be denied, and further objecting to the improve- ments now under construction by the Dubuque Packing Company for which no permission has been granted by the City of Dubuque and which improve- ments are a violation of the City Ordi- nances. Mr. and Mrs. Jacob Benda addressed the Council suggesting that a meeting be arranged, as proposed by Mayor Clark, with the Dubuque Pack- ing Company in order that they may be able to sell their property to the Dubuque Packing Company as under the present conditions they are hem- med in by the improvements made by the Packing Company and are willing to dispose of their property. Council- man Murphy moved that the City Manager and City Solicitor be instruct- ed to make arrangements for the hold- ing of a meeting between the City Council, the officials of the Dubuque Packing Company, and Mr. Jackson M. Marshall and Mr. and Mrs. James Benda for the purpose of effecting a settlement of the verbal objections sub- mitted to the City Council by the above mentioned property owners to the use of the streets, alleys and sidewalk space by the Dubuque Packing Company and also to the improvements now under construction by said Dubuque Packing Company for which no permission has been granted by the City of Dubuque and which improvements are a violation of the city ordinances. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Notice of Mr. John Kemp in the amount of $4.40 for damages to his automobile caused in striking a hole in the street in the 900 block on Rush Street presented and read. Councilman Van Duelman moved to refer the No- tice of Claim to the City Solicitor. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas— Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Notice of Claim of Mrs. J. V. Ro- schitsch in the amount of $500.00 for personal injuries rceeived in a fall on a broken sidewalk and driveway in front of 545 Kaufmann Avenue presented and read. Councilman Van Duelman moved to refer the Notice of Claim to the City Solicitor. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of Retail Merchants' Bureau requesting permission for the holding of a street parade on November 25th and that a motorcycle escort be furnished for the parade and that policemen be furnished to regulate traffic and that parking be eliminated on Main Street until after the parade is over and that the streets be roped off, also that a portion of Seventh Street between Lo- cust and Bluff Streets be blocked off for the location of a cabin and that po- licemen be stationed at the cabin to help control crowds, also that the city assume the cost of current for the oper- ation of a loud speaker, also that a City Electrician be provided for the placing of fuse block connection at or near the location of the cabin in Washington Special Session, November 17th, 1938. 251 Park, also that permisssion be granted for the erection of Christmas lighting decorations at the intersections on Main Street from Fourth to Tenth Streets inclusive and on Eight Avenue from Iowa to Bluff Streets inclusive and that the city assume the cost of current for the extra lights to be placed in the business district from November 24th, 1938, to January 2nd, 1939, presented and read. Councilman Wharton moved that the requests be granted with the provision that a Public Liability Bond be furnished covering the liability on the erection of the Christmas lighting decorations on both the public streets and the public park and that it be un- derstood that the Police Officers to be used to regulate the traffic shall be the Police Officers who are on duty at the time. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of Roshek Realty Company requesting the City Council to work out some kind of a guard to protect the fence surrounding their property on Seventh Street between Main and Lo- cust Streets presented and read. Coun- cilman Murphy moved to refer the pe- tition to the City Manager 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 Frank Seeley, referred to the City Council by the Board of Su- pervisors, requesting the suspension of the 1937 taxes on Lots 11 and 12, Block 5, Grandview Park Addition presented and read. Councilman Murphy moved to refer the petition to the City Solicit- or for investigation and report. Sec- onded by Councilman Thompson. Car- ried by the following vote: Yeas— Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of Frank E. Leonard, refer- red to the City Council by the Board of Supervisors, requesting suspension of the 1937 taxes on Lot 2 of Sub. 5 of City Lot 720 presented and read. Coun- cilman Murphy moved to refer the pe- tition to the City Solicitor for investi- gation and report. Seconded by Coun- cilman Thompsosn. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. November 12, 1938. 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 October, 1938, also a list of claims and list of payrolls for which warrants were drawn during the month of Octo- ber, 1938. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Murphy moved that the reports be received and placed on file. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas—Mayor Clark, Councilmen Mur- phy, Thompson, Van Duelman, Whar- ton. Nays—None. November 17, 1938. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have approv- ed the following bonds and policy and desire to have your approval on same for filing: EXCAVATION Seubert and Fester, 1603 Central Ave- nue, Commercial Casualty Insurance Co. George F. Pinski, 485 - 8th Avenue, The Fidelity & Casualty Co. Frank G. Braconier, 1091 Julien Ave- nue, Policy No. YE 3344, London Guarantee and Accident Co. 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 fol- lowing vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. City of Dubuque, Iowa. Resolution No. 123-38. Be It Resolved by the City Council, of the City of Dubuque, Iowa: Whereas, the City of Dubuque, Iowa, has received bids for the Drilling, Cas- ing, Sealing and Testing a New Well, located on Lot 503 or 504, Part of Ham's Addition, and Whereas, the bid of C. W. Varner as shown on items 1 to 11 inclusive and subject to substitute items 12 and 13 for the sum of $17,542.00 is the lowest and best bid received for such mork, Now, Therefore, Be It Resolved, that the contract for such work be awarded to C. W. Varner for the sum of $17,- 542,00, such amount being determined by the acceptance of the base bid. Pro- vided, however, that this award shall not be effective until C. W. Varner 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 November 10th, 1938. Passed and adopted this 17th day of November, 1938. 252 Special Session, November 17th, 1938. 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, Thomp- son, Van Duelman, Wharton. Nays— None. Councilman Thompson moved that the decision of the City Council in granting the petition of the Trustees of the property of the Chicago, Mil- waukee, St. Paul and Pacific Railroad Company, as modified, requesting the vacation of certain streets and alleys, be approved, and also that the recom- mendation of the Planning and Zoning Commission on said petition be made a matter of record and also that the City Solicitor be instructed to prepare a proper ordinance covering said vaca- tion. Seconded by Councilman Mur- phy. Carried by the following vote: Yeas—Mayor Clark, Councilmen Mur- phy, Thompson, Van Duelman, Whar- ton. Nays—None. September 23, 1938. Honorable Mayor and City Council, City of Dubuque, Iowa. Gentlemen: With reference to the attached peti- tion of the Receivers of the Chicago, Milwaukee, St. Paul and Pacific Rail- road, asking vacation of certain streets and alleys east of their present Shops property, the Planning ;and Zoning Commission recommends to your hon- orable body that the petition be grant- ed on such terms as the City Council thinks proper, with special reference to the protection of City interests in the development of river industrial prop- erty in conformity with the Master Plan of the City of Dubuque submitted, R. V. McKAY, Secretary, Dubuque Planning and Zoning Commission. Councilman Van Duelman moved that the petition of Peter H. McCar- thy requesting that the petition of the Trustees of the property of the Chicago, Milwaukee, St. Paul & Pacific Railroad Company, now before the City Council, asking for the vacation of additional streets and alleys in the vicinity of the shops and adjoining their present prop- erty he denied, and also that the City Solicitor be instructed to begin an im- mediate action in the courts to test the rights of the City of Dubuque un- der the terms of an ordinance of March 14th, 1881, be received and filed. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas— Mayor Clark, Councilman Murphy. Thompson, Van Duelman, Wharton. Nays—None. Ordinance No. 27-1938. An Ordi- nance vacating certain designated streets or parts of streets and alleys in Railroad Addition and in Wiltse's Du- buque, in City of Dubuque, Iowa, and granting and conveying said vacated streets or parts of streets and alleys to the Chicago, Milwaukee, St. Paul and Pacific Railroad Company, its success- ors and assigns, presented and read. Councilman Van Duelman moved that the reading just had be considered the first reading of the ordinance. Second- ed by Councilman Wharton. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thomp- son, 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 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— Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Councilman Murphy moved that the petition of Joe Fessler requesting sus- pension of the second half of the 1937 taxes on Lots 40 and 74 of Belmont Addition be granted and the Board of Supervisors to be notified of the action of the City Council. Seconded by Councilman Thompson. 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 Thompson. Carried by the following vote: Yeas—Iblayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. J. J. SHEA, City Clerk. Approved .2Q, -"s.1939. Adopted ..1939. Co Attest: _rcs. (�\' City Clerk. Special Session, November 28th, 1938. 253 City Council (Official.) Special Session, November 28th, 1938. Council met at 8:00 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 conducting a public hearing upon a proposal to amend and change the Zoning Map of said City of Du- buque by changing from "Single Fam- ily Residence District" to "Local Busi- ness District" all of that part of Lot 1 of Lot 1 of Lot 1 of Mineral Lot 12, in the City of Dubuque, not already deter- mined and deliminted as a "Local Busi- ness District," and by extending said " Local Business District" easterly to the center line of Rowan Street and southerly to the center line of Scully Street 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 official notice of a public hearing to be held upon a pro- posal to amend and change the Zoning Map of said City by changing from "Single Family Residence District" to "Local Business District" all of that part of Lot 1 of Lot 1 of Lot 1 of Min- eral Lot 12 in the City of Dubuque not already determined and delimited as a "Local Business District" and by ex- tending said "Local Business District" easterly to the center line of Rowan Street and southerly to the center line of Scully Street presented and read. Councilman Murphy moved that the proof of publication be received and filed. Seconded by Councilman Thomp- son. Carried by the following vote- Yeas—Mayor Clark, Councilmen Mur- phy, Thompson, Van Duelman, Whar- ton. Nays—None. Councilman Thompson moved to sus- pend the rules for the purpose of al- lowing any one present in the Council Chamber, who wishes to do so, to ad- dress the Council. Seconded by Coun- cilman Murphy. Carried by the fol- lowing vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Mr. J. Howard Schiltz addressed the Coun- cil requesting that .his claim in the amou►lt of $28.35 for damages to his automobile-,. caused in Vriking the curbing and electric light pole on the southeast corner of Bryant and Dodge Streets said accident being due to the slippery condition of the street, be allowed. Councilman Whar- ton moved that the matter of the claim of J. Howard Schiltz be referred to the City Solicitor for investigation and re- port. Seconded by. Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Ordinance 28-38. An ordinance amending and changing the Zoning Map of the City of Dubuque, as pro- vided for by Ordinance No. 3-34, des- ignated, "Zoning Ordinance of the City of Dubuque," so as to change to "Local Business District," certain defined prop- erty now delimited as "Single Family Residence District," and declaring an. 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 Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Councilman Van Duelman moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Councilman 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. Petition of Kies & Butler et al sub- mitting an ordinance with reference to licensing auctioneers and the like and requesting that the same be enacted into a legal ordinance presented and read. Councilman Thompson moved that the request be granted and that the City Solicitor be instructed to prepare an ordinance covering the same. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas— Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Ordinance No. 29-38. An ordinance amending an ordinance entitled, "Or- dinance 4-1933." "An ordinance pro- viding that certain business and voca- tions conducted in the City of Du- buque shall be licensed; fixing the li- cense fee therefor; defining terms em- ployed; prescribing the regulations which shall apply to businesses and vo- cations required to be licensed; repeal- ing all ordinances or parts of ordin- ances in conflict herewith; and pre- scribing a penalty for violation here- of," by repealing that part of Section 1, Par. 309 thereof, and paragraphs 1, 2, 3, 4, 5, 6, 7, 8, and 9 of said Section 1 thereof, relating to auctioneers, and en- acting substitutes therefor, presented and read. Councilman Van Duelman 254 Special Session, November 28th, 1938. moved that the reading just had be con- sidered the first reading of the ordin- ance. Seconded by Councilman Mur- phy. Carried by the following vote: Yeas—Mayor Clark, Councilmen Mur- phy, 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 Murphy. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thomp- son, Van Duelman, Wharton. Nays— None. 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 Council- man Murphy. Carried by the follow- ing vote: Yeas—Mayor Clark, Coun- cilmen Murphy, Thompson, Van Duel - man, Wharton. Nays—None. _ Petition of Caroline Eleanora Mar- shall, Executrix of the Estate of Harry E. Marshall, Deceased, and Jackson M. Marshall, Operator of the Marshall Boiler Works, objecting to the private use of streets and alley and the closing of the same for any such private use by the Dubuque Packing Company and requesting that the petition of the Du- buque Packing Company for the pri- vate use of streets and alley be denied and not granted presented and read. Councilman Van Duelman moved to refer the petition to the City Council. Seconded by Councilman Murphy. Carried by the following vote: Yeas— Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None, Petition of Gertrude Waldorf, re- ferred to the City Council by the Board of Supervisors, requesting suspension of the 1937 taxes on Lot 81 of L,ang- worthy's Addition presented and read. Councilman Murphy moved to refer the petition to the City Solicitor for information and report. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Clark, Councilman Murphy, Thompson, Van Duelman, Wharton. Nays—None. Council Proceedings for the month of September, 1938, presented for approv- al. Councilman Thompson moved that the Council Procedings for the month of September, 1938, be approved as printed. Seconded by Councilman Mur- phy. Carried by the following vote: Yeas—Mayor Clark, Councilmen Mur- phy, Thompson, Van Duelman, Whar- ton. Nays—None. Ordinance 27-1938. An Ordinance vacating certain designated streets or parts of streets and alleys in Railroad Addition and in Wiltse's Dubuque, in City of Dubuque, Iowa, and granting and conveying said vacated streets or parts of streets and alleys to the Chi- cago, Milwaukee, St. Paul and Pacific Railroad Company, its successors and assigns, said ordinance having been passed upon first and second readings on November 17th, 1938, presented and read a third time. ORDINANCE 27-1938. An Ordinance vacating certain desig- nated streets or parts of streets and al- leys in Railroad Addition and in Wilt - se's Dubuque, in City of Dubuque, Iowa, and granting and conveying said vacated streets or parts of streets and alleys to the Chicago, Milwaukee, St. Paul & Pacific Railroad Company, its successors and assigns. WHEREAS, Henry A. Scandrett, Walter J. Cummings and George I. Haight, trustees of the property of the Chicago, Milwaukee, St. Paul & Pacific Railroad Company have petitioned the Council of the City of Dubuque for the vacation of that part of East Nine- teenth Street from the northeasterly line of Lynn Street to the southwester- ly line of Marsh Street, and between Blocks 12, 13, 16 and 17 of Railroad Addition; the alley in Block 13 of Rail- road Addition, extending from East Eighteenth Street to East Nineteenth Street; the alley in Block 16 of Rail- road Addition, extending from East Eighteenth Street to East Nineteenth Street; that part of Ash Street extend- ing from the northwesterly line of East Eighteenth Street to the southeasterly line of Lot 19 in Block 12 and of Lot 6 in Block 17, of Railroad Addition; that part of the alley in Block 17, Railroad Addition, extending from East Nine- teenth Street to the northwesterly line of Lot 7 and Lot 18 in said Block 17; that part of Marsh Street (formerly Willow Street) extending from the northwesterly line of East Nineteenth Street to the southeasterly line of East Twentieth Street and lying between Block 17 and Block 21 of said Railroad Addition; that part of Twentieth Street in Railroad Addition extending from the southwesterly line of Marsh street (formerly Willow Street) to the south- westerly line of Hickory Street (for- merly Birch Street) ; the alley in Block 21, Railroad Addition extending from the northwesterly line of East Nine- teenth Street to the southeasterly line of East Twentieth Street; that part of Hickory Street (formerly Birch Street) between Block 20 and Block 27 of Rail- road Addition and between Blocks 1, 2, 3, and 4, Wiltse's Dubuque, an addition to the City of Dubuque ,and extending from the northwesterly line of East Twentieth Street to the northwesterly end of said Hickory Street; the alley in Block 27, Railroad Addition and Block 3, Wiltse's Dubuque, and extend- ing from the northwesterly line of East Twentieth Street' to the southeasterly line of East Twenty-first Street; that part of East Twenty-first Street be- Special Session, November 28th, 1938. 255 tween Blocks 3 and 4 of Wiltse's Du- buque, and extending from the north- easterly line of Hickory Street (former- ly Birch Street) to the southwesterly line of Brook Street (formerly Hickory Street) ; and the alley in Block 4 of Wiltse's Dubuque extending from the northwesterly line of Twenty-first Street to the northwesterly end of said alley; and, WHEREAS, said petition has been submitted to the Planning and Zoning Commission for its recommendation or approval, and said Planning and Zoning Commission has filed its recommenda- tion with this Council, wherein it rec- ommends the granting of said petition; and WHEREAS, the Chicago, Milwau- kee, St. Paul & Pacific Railroad Com- pany is the owner of all of the real es- tate abutting upon and adjacent to the streets and alleys herein vacated; and WHEREAS, said portions of said streets and alleys herein vacated are low and mostly under water and are not used or needed for public travel or convenience and portions of other streets and alleys adjacent thereto, hav- ing been heretofore vacated. and WHEREAS, the Chicago, Milwau- kee, St. Paul & Pacific Railroad Com- pany is desirous of filling in said por- tions of streets and alleys herein va- cated to grade and of filling in the abut- ting and adjacent lots owned by it, in order to provide suitable locations for new industries, and to aid in the devel- opment of industrial properties; and WHEREAS, it is contemplated that upon the vacating of said portions of said streets and alleys herein made and the conveying of the vacated portions thereof to the Chicago, Milwaukee, St. Paul & Pacific Railroad Company, there will be located and established within five years from and after the adoption and effective date of this Ordi- nance, upon the real estate owned by said company within the area com- prising said vacated streets and al- leys and/or upon other real estate adjacent thereto and owned by said company, at least one new indus- try, not at the present time located in the City of Dubuque, and upon that express condition the City of Dubuque has deemed it advisable to grant and convey the vacated portions of said streets and alleys to said Chicago, Mil- waukee, St. Paul & Pacific Railroad Company, and, WHEREAS, said Chicago, Milwau- kee, St. Paul & Pacific Railroad Com- pany has agreed to assume and pay the cost of publication of this Ordinance. NOW, THEREFORE, Be It Ordained by the City Council of the City of Dubuque: Par. 725, Section 1. That that part of East Nineteenth Street from the north- easterly line of Lynn Street to the southwesterly line of Marsh Street, and between Block 12' 13, 16 and 17 of Railroad Addition; the alle�in Block 13 of Railroad A ldirinn ext nd'�=gym ast Eighteenth Street to East Nine- teen reet; the alley m oc of R—a11_r6_aTMdition, extending from East Eighteenth Street to East Nineteenth Street; that part of Ash Street extend- ing from the northwesterly line of East Eighteenth Street to the southeasterly line of Lot 19, in Block 12 and of Lot 6 in Block 17, of Railroad Addition; that part of the alley in Block 17, Rail- road Addition, extending from East Nineteenth Street to the northwesterly line of Lot 7 and Lot 18 in said Block 17; that part of Marsh Street (former- ly Willow Street) extending from the northwesterly line of East Nineteenth Street to the southeasterly line of East Twentieth Street and lying between Block 17 and Block 21 of said Railroad Addition; that part of Twentieth Street in Railroad Addition extending from the southwesterly line of Marsh Street (formerly Willow Street) to the south- westerly line of Hickory Street (for- merly Birch Street); the alley in Block 21, Railroad Addition extending from the northwesterly line of East Nine- teenth Street to the southeasterly line of East Twentieth Street; that part of Hickory Street (formerly Birch Street) between Block 20 and Block 27 of Rail road Addition and between Blocks 1, 2, 3, and 4, Wiltse's Dubuque, an addi- tion to the City of Dubuque, and ex- tending from the northwesterly line of East Twentieth Street to the northwes- terly end of said Hickory Street; the alley in Block 27, Railroad Addition and Block 3, Wiltse's Dubuque, and ex- tending from the northwesterly line of East Twentieth Street to the south- easterly line of East Twenty-first Street; that part of East T,, enty-first Street between Blocks 3 and 4 of Wilt - se's Dubuque, and extending from the northeasterly line of Hickory Street (formerly Birch Street) to the south- westerly line of Brook Street (formerly Hickory Street) ; and the alley in Block 4 of Wiltse's Dubuque extending from the northwesterly line of Twenty-first Street to the northwesterly end of said alley, be, and the same are hereby va- cated and annulled. Par. 726, Section 2. That, upon the express condition set out in Par. 727, Section 31 of this ordinance, and in consideration of the Chicago, Milwau- kee, St. Paul and Pacific Railroad Com- pany assuming and paying the cost of publication of this ordinance, said por- tions of said streets and alleys herein vacated, and herinbefore described, be, and the same are hereby granted and conveyed to said Chicago, Milwaukee, St. Paul & Pacific Railroad Company, its successors and assigns. Par. 727, Section 3. That, if at least one new industry other than an indus- 256 Special Session, November 28th, 1938. try now located in the City of Dubuque, is not located and established within the area comprising said vacated portions of said streets and alleys, herein vacat- ed, and/or upon other real estate, ad- jacent thereto, owned by said company, within five years from and after the adoption and effective date of this or- dinance, then, and in that event, the title to said vacated portions of said streets and alleys herein vacated and conveyed to said Chicago, Milwaukee, St. Paul and Pacific Railroad Company, its successors and assigns, shall revert to and revest in the City of Dubuque for street purposes the same as if this ordinance had not been adopted. Par. 728, Section 4. That, upon the acceptance of this ordinance by said Chicago, Milwaukee, St. Paul and Pa- cific Railroad Company, the City Clerk be, and he is hereby directed to file or record a duly certified copy of said or- dinance in the office of the Recorder'of Dubuque County, Iowa. Par. 729, Section 5. This Ordinance shall be in force and effect ten (10) days from and after its passage and final adoption by the City Council and publication as provided by law, and the rights hereunder shall accrue to said Chicago, Milwaukee, St. Paul and Pa- cific Railroad Company, its successors and assigns when the provisions hereof shall have been accepted by said com- pany. Passed upon first and second read- ings this 17th day of November, 1938. Passed, adopted and approved, upon final reading, this 28th day of Novem- ber, 1938. CARL, A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. ACCEPTANCE OF ORDINANCE No. 27-38. The Chicago, Milwaukee, St. Paul and Pacific Railroad Company does hereby accept all of the terms, condi- tions, and provisions of an ordinance adopted by the City Council of the City of Dubuque on the 28th day of Novem- ber, 1938, and entitled: 'Ordinance No. 27-38, an Ordi- nance vacating certain designated streets or parts of streets and alleys in Railroad Addition and in Wiltse's Du- buque, in the City of Dubuque, Iowa, and granting and conveying said va- cated streets or parts of streets and al- leys to the Chicago, Milwaukee, St. Paul and Pacific Railroad Company." Dated this 29th day of November, 1938. Chicago, Milwaukee, St. Paul and Pacific Railroad Company, By J. T. GILLICK, Vice President. T. W. BURTNESS, Secretary. (Seal of Chicago, Milwaukee, St. Paul and Pacific Railroad Company, Incorporated 1927, Wisconsin.) Published officially in The Telegraph - Herald newspaper December 1st, 1938. J. J. SHEA, 12-1-1t City Clerk. Councilman Van Duelman moved the adoption of the ordinance. Seconded by Councilman Wharton. Carried by the follownig vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Report of the Board of Health for the month of October, 1938, presented. Councilman Wharton moved that the report of the Board of Health for the month of October, 1938, be received and placed oil file. Seconded by Coun- cilman Murphy. Carried by the follow- ing vote: Yeas—Mayor Clark, Coun- cilmen Murphy, Thompson, Van Duel - man, Wharton. Nays—None. November 23, 1938. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have ap- proved the following bonds and poli- cies and desire to have your approval on same for filing: SIGNS Morris B. Flick, 5 West 8th Avenue, Fidelity and Deposit Company of Maryland. B. & G. Battery and Electric Company, 1084-90 Iowa Street, The Ohio Casu- alty Ins. Company, Policy Number NL 5701. G. R. Kinney Co., Inc., et al, 600 Main Street, The Employers' Liability As- surance Corporation, Ltd., Policy Number GLPL-413067. Ward Market, 1876 Central Avenue, Bi- tuminous Casualty Corporation, Pol- icy Number OLT-20281. Western Union Telegraph Co., 490 Main Street, Fire and Life Assur- ance Corporation, Policy Number G- IA. -699806. Lillian Luckert & Nora James, 1078 Main Street, Fireman's Fund Indem- nity Company, Policy Number OLT- 36142. Ellen E. Murphy, et at, N. W. Corner of 18th & Central Ave., Massachusetts Bonding & Ins. Company, GPL- 108397. McDougal Motor Company, 250 Iowa Street, The Hoosier Casualty Com- pany, GL No. 3439. Roehl-Phillips Furniture Company, 576- 584 Main Street, The Travelers In- demnity Company, KHP-44991. Special Session, November 28th, 1938. 257 George Rath & Sons, et at, 12th & Central Avenue, Fire and Life As- surance Corporation, Policy No. G- I a. 699804. F. A. Nester & Son, 1732 Central Ave- nue, Fire and Life Assurance Cor- poration, Policy No. G-Ia. 699807. R. J. Quinlan and Mrs. Margaret Quin- lan, 11th and White Streets, Shelby Mutual Plate Glass and Casualty Company, Policy Number AIPL-1168. L. F. Rolling, 255 8th Avenue, New Amsterdam Casualty Company, L. O. L. 1787. L. L. Coryell & Son, 7th & Iowa Streets, Bituminous Casualty Cor- poration, Policy No. OLT-20240. Singer Sewing Machine Co., 585 Alain Street, Bituminous Casualty Com- pany, Policy Number OLT-20282. Karl J. Page, et al, 75 West Fourth Street, Massachusetts Bonding & Ins. Company, Policy Number GPL- 108421. Louis Rotman, 301-335 Iowa Street, The Hoosier Casualty Company, Policy Number GL No. 3441. E. P. Kretz, 498 Main Street, Iowa Owners' and Tenants' Public Liabil- ity Policy, Policy No. IOT-1813. Edward Graham and Sons, et at, 845 Main Street, Great American Indem- nity Company, Policy No. IGB-3796. Carl F. Hartman, 872 Alain Street, Iowa Owners', Landlords' and Ten- ants' Public Liability Policy Number O LT 22202313. Grand Opera House, Inc., et at, 261 -8th Avenue, Eagle Indemnity Company, Policy Number LDI-1220. Walther Dairy Products, 83 Locust Street, Great American Indemnity Company, Policy Number ILO - 55863. E. L. Scheppele, et at, 1420 Central Avenue, Massachusetts Bonding & Insurance Co., Policy Number GPL- 108363. Edward B. Tegeler, 2301-2307 Central Avenue, The Hoosier Casualty Com- pany, Policy Number GL No. 3438. Johnson High Test Oil Company, Co- lumbia Casualty Company, Policy Number CLI -2757. Signs at follow- ing locations: 9th and Central Ave- nue, 10th and Locust Streets, 801 Rhomberg Avenue, 2500 Rhomberg Avenue, East Fourth Street. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Van Duelman moved that the bonds and policies be approved and placed on file. Seconded by Coun- cilman Murphy. Carried by the fol- lowing vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Ducfman, Wharton. Nays—None. Resolution No. 124-38. Whereas, application for "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 applicants shall be forthwith inspected. Class "B" Permit Name Address Arthur Norton (Transfer of addres from 1447 Central Avenue) ----------- 198 Main Street Passed, adopted and approved this 28th day of November, 1938. 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. 125--38. Whereas, heretofore application was filed by the within named applicant for Class "B" Beer Permit and it has received the approval of this Council; and Whereas, the premises to be occupied by him has been inspected and found to comply with the ordinances of this City and lie 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 herebv directed to issue to the following; named person a Beer Permit. Class "B" Permit. Name Address Arthur Norton (Transfer of address from 1447 Central Avenue) ----------- 198 Main Street Be It Further Resolved that the bond filed by such applicant be and the same is hereby approved. Passed, adopted and approved this 28th day of November, 1938. 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, Thompson, Van Duelman, Wharton. Nays—None. 258 Special Session, November 28th, 1938. November 26, 1938. Honorable Mayor and City Council, Dubuque, Iowa. Re: Claim and Suit of Vincent Sowle. Gentlemen: On February 8, 1938, there was filed with the City of Dubuque, the claim of Vincent Sowle for damages on account of injuries alleged to have been sus- tained by him on the 18th day of De- cember, 1937, in a fall from the steps leading from Cleveland Park to Bluff Street Extension, in the City of Du- buque, said fall alleged to have been due to the defective condition of said steps. This claim was, thereafter, re- ferred to the City Solicitor for investi- gation and report. Thereafter, on or about April 21, 1938, suit was instituted by this claim- ant against the City in the District Court of Dubuque County, Iowa, for damages in the sum of $20,000.00 on account of injuries sustained in this fall, which were alleged to have been due to the negligence of the City of Dubuque. I have heretofore filed pleading in the suit instituted in the District Court, and have completed investigation of this claim, and of said suit, and find that there is some evidence of a defect in these steps which might be sufficient to warrant the issue of negligence in the part of the City being submitted to a jury in the trial of a case, and I have conferred with the attorney represent- ing claimant in this case, and have been able to compromise and settle both the claim and suit, including the dismissal of the suit instituted in Court, at plain- tiff's costs, for the sum of $199.20. In view of the facts stated herein, and of the condition of these steps at the time of this accident, which condi- tion might be considered as a culpable defect, I respectfully recommend that claim be allowed and the suit settled in the sum of $199.20, and that warrant payable to Peter W. Klauer, attorney for Vincent Sowle be drawn in the sum of $199.20 and delivered to him upon execution by the said Vincent Sowle of the receipt and release. Respectfully submitted, AL. J. NELSON, City Solicitor. Councilman Ilfurphy moved that the recommendation of City. Solicitor Nel- son be approved and that a warrant in the amount of $199,20 be ordered drawn payable to Peter W. Klauer, attorney for Vincent Sowle, as settlement in full of the claim and suit of Vincent Sowle, and that said warrant be delivered to Peter W. Klauer upon execution by the said Vincent Sowle of receipt and re- lease. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas—Mayor Clark, Councilmen Mur- phy, Thompson, Van Duelman, Whar- ton. Nays—None. Ordinance No. 30-38. An Ordin- ance granting to J. F. Stampfer Co., its successors or assigns, the right to con- struct and maintain an unloading plat- form and enclosed entrance in the alley abutting City Lot Twenty-nine (29) in the town (now city) of Dubuque, Iowa; and prescribing the conditions of such permit, presented and read. Council- man 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 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. Councilman Van Duelman moved that the request of F. E. Leonard for suspension of the 1937 taxes on Lot 2 of Sub. 5 of City Lot 720 be granted and that the Board of Supervisors be notified of the action of the City Council. Seconded by Councilman Thompson. Carried by the following vote: Yeas— 'Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Councilman Van Duelman moved that the request of Frank Seeley for suspension of the 1937 taxes on Lots 11 and 12 of Block 5 of Grandview Park Addition be granted and that the Board of Supervisors be notified of the action of the City Council. Seconded by Councilman Thompson. Carried by the following vote: yeas-1lfayor 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. Nays—None. J. J. SHEA, City Clerk. Approved 1939. 1939. Adopted V&04& &4v4y 00,1& 1939. I-------------------ry Attest: --- -=yC��---V-- City Clerk. F Regular Session, December 5th, 1938. 259 i City Council (Official.) Regular Session, December 5th, 1938. Council met at 8:00 P. M. Present—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton, City Manager Rhomberg. Mayor Clark stated that this is the regular monthly meeting of the City Council for the purpose of acting upon such business as may properly come before the meeting. Dubuque, Iowa, November 30, 1938. The Honorable Mayor and City Council, Dubuque, Iowa. At a convention held on November 21, 1938, of three delegates each from the following organizations: Gen Fitz- hugh Lee Camp No. 3, United Spanish War Veterans; Leo A. Schwind Post No. 508, Veterans of Foreign Wars; Dubuque Post No. 6, American Legion; Fighting Back Chapter No. 6, Disabled Veterans of the World War; held for the purpose of selecting five members of the Memorial Auditorium Commis- sion as required by law, the following were duly selected as Commission- ers: Charles G. Kretschmer, Amer- ican Legion; Arnold Utzig, Veterans of Foreign Wars; Dr. Raymond M. Benn, Disabled American Veterans of World War; Thomas M. Langton, United Spanish War Veterans; The Mayor of the City of Dubuque, ex -officio; and an official copy of the minutes of the con- vention and the list of the Commission- ers selected was forwarded immediately to the City Council, duly certified to by the Chairman and Secretary of the Convention. It then became the duty of the City Council, by resolution, to appoint these men as such Commissioners as set out in the Code of Iowa and amendments. We believe that the completion of this matter to be of urgent necessity and importance to our city and respect- fully request such action of your honor- able body. We trust that a favorable report may be made available to the four ex -ser- vice men's organizations for their early December meetings. H. E. Garrison, Secretary of the Convention. Councilman Thompson moved that the communication be 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. Resolution No 126-38. Resolution Appointing Memorial Commission Whereas, pursuant to the provisions of .Chapter 33 of the Code of Iowa of 1935, the necessary preliminary steps have already been taken, and a special city election held on the 6th day of October, 1938, in the City of Dubuque, Iowa, at which election there was sub- mitted to the electors of the City of Du- buque, the proposition of the issuance of the City of Dubuque of bonds in the sum of $230,010.00, which, together with a grant from the Federal Emer- gency Administration Public Works of the United States Government, in a sum of not to exceed $188,190.00, would cover the cost or expense of erecting or equipping of a Memorial Building in the City of Dubuque, and, Whereas, the votes cast at such elec- tion were canvassed by the City Coun- cil of the City of Dubuque on October 7, 1938, and, Whereas, the result of said official canvass of said votes indicated that more than sixty (60) per cent of the electors voted at said election in favor of said proposition and in favor of the bonds in the sum stated in the proposi- tion, for the purpose of erecting and equipping such Memorial Building, and, Whereas, by resolution adopted by the City Council of the City of Du- buque on the 7th day of October, 1938, the issuance of such bonds was ordered by the City Council, and, Whereas, it is now the duty of the City Council of the City of Dubuque to appoint a commission consisting of five (5) members, which commission shall have charge and supervision of the erecting of said Memorial Building, and the management and control thereof when erected, and, Whereas, under the provisions of Section 497 of Chapter 33 of the Code of Iowa of 1935 this City Council has determined that the Mayor of the City of Dubuque shall be an ex -officio mem- ber of such commission, and, Whereas, pursuant to the provisions of Section 492 of Chapter 33 of the Code of Iowa of 1935 a convention was held in the City of Dubuque on Novem- ber 21st, by delegates representing the General Fitzhugh Lee Camp No 3, United Spanish War Veterans, Leo A. Schwind Post No. 508 Veterans of Foreign Wars, Fighting Back Chapter No. 6 Disabled American Veterans of World War, and Dubuque Post No. 6 American Legion, and at which con- vention there were selected by said delegates four persons whose names have been certified to this Council by the officers of said convention, as a se- lection of said convention for such 260 Regular Session, December commissioners which persons are as follows: Thomas M. Langton, Arnold Utzig, Dr. Raymond M. Benn, Charles G. Kretschmer. Now, Therefore: Be It Resolved, by the City Council of the City of Dubuque, that, Carl A. Clark, Mayor of the City of Dubuque, Thomas M. Langton, Arnold Utzig, Dr. Raymond M. Benn and Charles G. Kretschmer be, and they are hereby appointed as a Memorial Commission, which, under the provisions of Chapter 33, of the Code of Iowa of 1935, shall have charge and supervision of the erection of a Memorial Building in the City of Dubuque, and the maangement and control of said Memorial Building when erected. Be It Further Resolved, by the City Council of the City of Dubuque that the term of office of each member of said commission shall, in accordance with the provisions of Chapter 33 of the Code of Iowa of 1935 be for the term of three years, or until their successors have been appointed and have qualified. This resolution being deemed urgent shall be in force and effect from and after its adoption by the City Council. 'Passed and adopted this 5th day of December, 1938. 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. Car- ried by the following vote: Yeas— Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of G. H. Holscher request- ing the City Council to consider a com- promise offer on the assessments due on Lots 3 and 4 in Block 9 of Grand- view Park Additoin, presented and read. Councilman Wharton moved to refer the petition to the City Manager for investigation and report. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thomp- son, Van Duelman, Wharton. Nays— None. Petition of Walter C. Norton et al, chauffeurs of taxicabs, requesting con- sideration with reference to parking and also requesting that an ordinance be adopted making it a misdemeanor to attempt to beat a taxi bill, presented and read. Councilman Van Duelman 1938. moved to refer the petition to the City Manager for investigation and report. Seconded by 'Councilman Wharton. Carried by the following vote: Yeas— Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Ordinance No. 28-38. 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 "Local Busi- ness District," certain defined property now delimited as "Single Family Resi- dence District," and declaring an emer- gency, said ordinance having been passed upon first and second readings on November 28th, 1938, presented and read a third time. ORDINANCE NO. 28-38. 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 "Local Business District," certain defined property now delimited as "Single 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, des- ignated as, "Zoning Ordinance of the City of Dubuque," so as to change to "Local Business District," certain de- fined property now delimited as "Sin- gle Family Residence District"; and, WHEREAS, the proposed change and amendment of said zoning map re- quested by the Highway Department of the State of Iowa meets with the ap- proval of the Planning 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 28th day of November, 1938; and WHEREAS, no objection has been . filed to the proposed change, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: Section 1—That the zoning map of the City of Dubuque be, and the same is hereby amended and changed as fol- lows: By changing from "Single Family Residence District" to "Local Business District," all that part of Lot 1 of Lot 1 of Lot 1 of Mineral Lot Twelve (12), in the City of Dubuque, not already Regular Session, December 5th, 1938. 261 determined and delimited as a "Local Business District" and by extending said "Local Business District" easterly to the center line of Rowan Street, and Southerly to the center line of Scully Street. Section 2 -That the cost of publica- tion of this ordinance, enacted for the benefit of the Highway Department of the State of Iowa, shall be borne by said Highway Department of the State of Iowa. Section 3 -This ordinance being deemed urgent and of immediate neces- sity shall be in force and effect from and after its final passage, adoption and approval by the City Council and pub- lication as provided by law. Passed upon first and second read- ings this 28th day of November, 1938. . Passed, adopted and approved upon final reading this 5th day of December, 1938. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Published officially in the Telegraph - Herald newspaper this 7th day of De- cember, 1938. J. J. SHEA, 12-7-1t City Clerk. Councilman Van Duelman moved the adoption of the ordinance. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas - Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays -None. Ordinance No .29-38. An ordinance amending an ordinance entitled, "Ordi- nance No. 4-1933.' "An ordinance pro- viding that certain businesses and vo- cations conducted in the City of Du- buque shall be licensed; fixing the li- cense fee therefor; defining terms em- ployed; prescribing the regulations which shall apply to businesses and vo- cations required to be licensed; repeal- ing all ordinances or parts of ordi- nances in conflict herewith; and pre- scribing a penalty for violation hereof," by repealing that part of Section 1, Par. 309 thereof, and paragraphs 1, 2, 3, 4, 5, 6, 7, 8, and 9 of said Section 1 there- of, relating to auctioneers, and enacting substitutes therefor, said ordinance hav- ing been passed upon first and second readings on November 28th, 1938, pre- sented and read a third time. ORDINANCE NO. 29--38. An ordinance amending an ordinance entitled, "Ordinance No. 4-1933." "An ordinance providing that certain busi- nesses and vocations conducted in the City of Dubuque shall be licensed; fix- ing the license fee therefor; defining terms employed; prescribing the regula- tions which shall apply to businesses and vocations required to be licensed; repealing all ordinances or parts of or- dinances in conflict herewith; and pre- scribing a penalty for violation hereof," by repealing that part of Section 1, Par. 309 thereof, and Paragraphs 1, 2, 3, 4, 5, 6, 7, 8, and 9 of said Section 1 thereof, relating to auctioneers, and en- acting substitutes therefor. Be it ordained by the City Council of the City of Dubuque, Iowa: Par. 309 SECTIONS REPEALED. Section 1 -That an ordinance entitled, "Ordinance No. 4-1933, an ordinance providing that certain businesses and vocations conducted in the City of Du- buque, shall be licensed; fixing the li- cense fee therefor; defining terms em- ployed;, prescribing the regulations which shall apply to businesses and vo- cations required to be licensed; repeal- ing all ordinances or parts of ordinances in conflict herewith; and prescribing a penalty for violation hereof," be, and the same is hereby amended by repeal- ing that part of Section 1, and Para- graphs 1, 2, 3, 4, 5, 6, 7, 8, and 9 of said Section 1, relating to auctioneers, which paragraphs of said section are hereby repealed. Par. 309a. SUBSTITUTES THERE- FOR, Section 2 -That said ordinance be further amended by enacting sub- stitutes for said repealed sections as follows: PAR. 309b. Section 3 -That it shall be unlawful for any person, firm or cor- poration to engage in any business or vocation hereinafter named, without first procuring a license therefor, and paying the license fee or fees as pre- scribed herein for such businesses or vocations. Section 4 -That the following regu- lations for licenses shall apply to the various businesses and vocations enum- erated herein Auctioneers 1 -AUCTIONEER shall mean any person, firm or corporation who en- gages in the business of selling or of- fering for sale real or personal property at public auction. 2 -Auction sales of merchandise shall not be conducted upon any street, alley, sidewalk or public grounds within the following districts: On Locust Street. from West Third Street to West Twelfth Street; on Main Street from West Third Street to West Twelfth Street; on Iowa Street from West Fourth Street to West Fourteenth Street; on Central Avenue from 262 Session, December 5th, 1938. Fourth Street to Twentieth Street; and, on Eighth Avenue from Cen- tral Avenue to Bluff Street; and on any other cross streets or any other alleys within said described district and for a distance of 150 feet therefrom in each direction. 3—PERMIT AND APPOINT- MENT OF CLERK AND MAKING AND POSTING OF LIST OR IN- VENTORY OF GOODS TO BE SOLD. Before an auction sale is held anywhere within the city, a permit must be granted therefor by the City Manager, and a clerk must be appointed for such auction sale, and the auctioneer's license fee, and the clerk's license fee shall be paid, and the person proposing to hold or conduct said sale shall, together with the clerk appointed to act for said sale, take and file with the City Manager, an inven- tory of the merchandise proposed to be sold, setting forth therein the quantity and description of each item and, if any merchandise has been brought into the city for sale at such auction, such mer- chandise must be separately described. Said inventory shall set forth and list each item proposed to be sold, and the manufacturer's number of each item, if any, and a description of each item or article, and said inventory shall be exe- cuted in triplicate, one copy to be filed with the City Manager, one copy to be posted in a conspicuous place upon the premises where said auction sale is to be held, and one copy delivered to the auctioneer. Said inventory shall fur- ther set forth separately and specific- ally the merchandise brought upon said premises within a period of sixty (60) days prior to the date of securing the permit for such sale, and which will be offered for sale at said sale. Only the items of merchandise appearing upon said inventory as filed with the City Manager shall be sold or offered for sale at such auction, and, as certain items are sold, they shall be stricken from the inventory posted upon the premises by the licensed clerk of said sale. 4—NOTICE. If the owner intends to offer a bid at a public auction, or to have someone bid for him, he shall give a written or oral notice of such fact at the opening of each auction period, and, in the absence of such notice, he shall not submit a bid, nor shall he employ or induce any person to bid for him, nor shall the auctioneer employ or in- duce any person to bid at such sale for the owner, nor shall he knowingly take any bid from the owner or any person employed by him. In addition to the penalties herein described, any such sale may be treated as fraudulent by the buyer. 5-361ISREPRESENTATION. No article or piece of merchandise sold or offered for sale shall be misrepresented as to quantity, quality or price value. 6 -PREMISES. The premises where an auction sale is being held shall be well lighted and illuminated at all times during said sale. 7—LENGTH OF TIME OF SALE. That any such sale must be concluded within thirty (30) successive days, Sun- days and holidays excepted, unless a further extension of not more than thir- tv (30) days is granted by the City Manager upon application filed with him for that purpose. 8—EXCEPTION. The following sales shall be exempted from the fore- going restrictions: Judicial Sales, Sales by Executors and Administrators, Sales by Licensed Pawn Brokers for unre- deemed pledges in the manner provided by law, and sales of stocks of goods on hand at the opening of such auction be- longing to any person, firm or corpora- tion which has been in business in the City of Dubuque at the place where such sale is held continuously for at least one year prior thereto as a retail or wholesale merchant handling the kind of merchandise being offered for sale, provided, however, that any such sale must be concluded within thirty (30) successive days, Sundays and holi- days excepted, unless a further exten- sion of not more than thirty (30) days is granted by the City Manager upon application filed with him for that pur- pose. 9—AUCTIONEER'S LICENSE. For the sales of real estate, household goods or livestock at auction sale, the auctioneer's fee shall be $5.00 per day, or $25.00 per year. For the sales of goods and merchan- dise of resident merchants by auction- eers at auction sale, the auctioneer's license fee shall be $5.00 per day, $15.00 per week, $35.00 per month, $100.00 per year. AUCTIONEER'S LICENSE. Sales of goods and merchandise brought into the city for sale by auctioneers, or auc- tion sale of resident merchandise or goods which is supplemented by other goods and merchandise brought into the city for sale at said auction, the auctioneer's license fee shall be paid in the sum of $25.00 per day for the first thirty (30) days, $15.00 per day for the next thirty (30) days, and $10.00 per day for each day thereafter. 10—CLERK'S LICENSE. The clerk's license fee for each auction sale shall be paid in the sum of $5.00. 11—PENALTY. Failing to procure auctioneer's license, or a clerk's license; failing to secure permit for auction sale; or, failing to comply with any of the foregoing regulations, subject the of- Aitt Regular Session, December 5th, 1938. 263 fender to the penalties described in said ordinance herein amended, and any per- son violating the provisions hereof, shall, be deemed guilty of misdemeanor, and upon conviction, be punishable by a fine of not less than $5.00, nor more than $100.00, and costs, and in default of said fine and costs shall be impris- oned for a period of not to exceed thir- ty (30) days in jail. Section 12—OFFENSE DEFINED. Each time that a person, firm or cor- poration violates the provisions of this ordinance, it shall be deemed to be a separate and distinct offense. Par. 309c. EFECTIVE DATE AND PUBLICATION, Section 5. 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- ings this 28th day of November, 1938. Passed, adopted, and approved upon final reading this 5th day of December, 1938. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Published officially in The Tele- graph -Herald newspaper this 7th day of December, 1938. J. J. SHEA, 12-7-1t City Clerk. Councilman Van Duelman moved the adoption of the ordinance. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thomp- son, Van Duelman, Wharton. Nays— None. Ordinance No. 30-38. An ordinance granting to J. F. Stampfer Co., its suc- cessors or assigns, the right to con- struct and maintain an unloading plat- form and enclosed entrance in the alley abutting City Lot Twenty-nine (29) in the town (now city) of Dubuque, Iowa; and prescribing the conditions of such permit, said ordinance having been passed upon first and second readings on November 28th, 1938, presented and read a third time. ORDINANCE NO. 30-38. An ordinance granting to J. F. Stam- pfer Co., its successors or assigns, the right to construct and maintain an un- loading platform and enclosed entrance in the alley abutting City Lot Twenty- nine (29) in the town (now city) of Dubuque, Iowa; and prescribing the conditions of such permit. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: Par. 730, Section 1. That, J. F. Stampfer Co., its suc- cessors or assigns, be, and they are hereby granted the right and authority 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 Dubuque, Iowa, such unloading platform to be 4 feet 9% 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, the same to be used in connection with the operation of the business of said J. F. Stampfer Co.; said unloading plat- form and enclosed entrance to be built under the supervision of the Building Commissioner of the City of Dubuque. Par. 731 Section 2 It is understood and provided that such right, license and permission here- in granted to use such alley is subject to the payment and assumption by said J. F. Stampfer 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, said J. F. Stampfer Co., its successors or assigns, shall remove such unloading platform and enclosed entrance at its or their own expense, and restore such part of said alley as has been occupied thereby, to the same condition it was in prior to the construction of such platform and enclosed entrance. Par. 732 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 hereun- der shall accrue to said J. F. Stampfer Company, its successors or assigns, when the provisions hereof shall have been accepted. Passed upon first and second readings this 28th day of November, 1938. 264 Regular Session, December 5th, 1938. Passed, adopted and approved upon final reading this 5th day of December, 1938. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON GEO. R. MURPHY F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Acceptance of Ordinance J. F. Stampfer Co. does hereby ac- cept the terms, provisions and condi- tions of the ordinance adopted by the City Council of the City of Dubuque, designated as: "Ordinance No 30-38. An ordinance granting to J. F. Stampfer Co., its suc- cessors or assigns, the rights to con- struct and maintain an unloading plat- form and enclosed entrance in the alley abutting City Lot Twenty-nine (29) in the Town (now city) of Dubuque, Iowa; and prescribing the conditions of such permit," this 6th day of Decem- ber, 1938. J. F. STAMPFER CO., By T. M. Stampfer, Pres. Published officially in the Telegraph - Herald newspaper, this 7th day of De- cember, 1938. J. J. SHEA, 12-7-1t City Clerk. Councilman Murphy moved the adop- tion of the ordinance. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, 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 October, 1938, presented and read. Councilman 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. December 5, 1938. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the session of the City Council held November 7, 1938, the petition of Leo J. Diener requesting permission to enclose the steps on the south side of the Capitol Theatre Building was re- ferred to the City Manager and Build- ing Commissioner for investigation and report. We have examined the iron steps erected on the sidewalk of the Kauf- man Avenue side of the building and find them in serviceable condition. These steps are no different than nnm- erous iron steps throughout the down- town area that lead from the sidewalk to apartments above. There may be some justification for granting access by steps from the sidewalk but this pe- titioner proposes to erect an enclosed stairway on the public property as a part of the building and this, in our opinion, would establish a precedent of erecting parts of permanent buildings oil the public streets especially in our congested districts. We, therefore, rec- ommend that the petition be denied. Respectfully submitted, A. A. RHOMBERG, 'City Manager. H. H. HOWIE, Building Commissioner. Councilman Van Duelman moved that the recommendation of City Man- ager Rhomberg and Building Commis- sioner Howie be received and filed. Seconded by Councilman Wharton. Carried by the following vote: Yeas— Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. December 5. 1938. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the session of the City Council of November 10, 1938, the petition of Syd- ney Haudenshield, Administrator of the Estate of Jacob Entringer requesting a compromise settlement of the special assessment levied against the East 30 feet of Lot 1 of Breakey's Addition was referred to me for investigation and report. On investigation I find that a similar petition on the same matter was before the City Council on March 7, 1938, at which time the request was ordered re- ceived and filed. The assessment against the above lot for the construction of a sanitary sewer in Southern Avenue was leviedon August 18, 1925, in the sum of $47.64 on which interest of $1.29 to March 31, 1928, was added and interest and penalty since amounts to $21.44 or a total delinquency of $70.37 as shown in Special Assessment Fund 646. The lot is improved with a frame residence with stone foundation, two story in front and one story in the rear. Taking all these factors into considera- tion I recommend that the petition be received and filed. 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—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. y-;� Session, December 5th, 1938. December 5, 1938. To the Honorable Mayor and City Council, Dubuque, Iowa. Dear Sirs: At the meeting of the City Council on November 17, 1938, the petition of the Roshek Realty Company requesting the City to work out some kind of a guard to protect the fence erected on the alley line of bots 1, 2 and 5 of the Subdivision of City Lots 754 and 755, was referred to the City Manager for investigation and report. I have examined the fence and find it erected exactly on the alley line. There is evidence that vehicles parking in the alley bump into the fence causing dam- age. In view of the fact that a new ordinance prohibiting alley parking is pending I recommend that the Council receive and file the petition at this time. Respectfuly 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—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 127-38. Whereas, 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 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 Adress Francis X. Page, 73 East Fourth Street Fred J. Saegling and Ed. M. ' Harks_______ 2417 Rhomberg Avenue Ruben J. Weber__1543 Central Avenue Vern Okey------- 500 East 22nd Street Peter J. Kress ----- 41 West 7th Street Passed, adopted and approved this 5th day of December, 1938. 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. 128-38. 265 Whereas, hertofore 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 Francis X. Page, 73 East Fourth Street Fred J. Saegling and Ed. M. Harks ------ 2417 Rhomberg Avenue Ruben J. Weber__1543 Central Avenue Vern Okey ------- 500 East 22nd Street Peter J. Kress ----- 41 West 7th 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 December, 1938. 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 Deulman, Wharton. Nays—None. Resolution No. 129-38. Preliminary approval of plans, specifications, form of contract, and preliminary estimates, including all items of material and work required for construction of New 1,000,000 Gallon Reservoir, including all appurtenances thereto, at Eagle Point Pumping Station, presented and read. Councilman Van Duelman moved the adoption of the resolution. Second- ed by Councilman Wharton. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thomp- son, Van Duelman, Wharton. Nays— None. Resolution No. 130-38. Whereas, the City Council of the City of Dubuque, Iowa, has by resolu- tion No. 129-38 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 con- struction of a New 1,000,000 Gallon Reservoir, including all appurtenances 266 Session, December 5th, 1938. thereto, at Eagle Point Pumping Sta- tion. Be It Therefore Resolved that on the 19th day of December, 1938, 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 in the City of Dubuque, at which hearing the Council will hear any objections and en- ter on record its final decision thereon. Passed, adopted and approved this 5th day of December, 1938. 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, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 131-38. Be It Resolved By The City Council Of The City Of Dubuque that pursuant to a Resolution No. 129-38, which was duly passed by this Council for the Construction of a New 1,000,000 Gallon Reservoir, including all appurtenances thereto, 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 heretofore adopted and now on file in the office of the City Clerk. Be It Further Resolved that the cost •incl expenst• of the said improvements be paid for by P. W. A. Grant and bal- •ince 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 on or before the 5th day of June, 1939. Be It Further Aesolved that this res- olution being deemed urgent and of im- mediate 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 December, 1938. 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. 132-38. Whereas, the City of Dubuque has undertaken the construction of im- provements to the Municipal Water Supply System, consisting of a Reser- voir, Deep Well, High Lift Pump, and Additions to the Pumping Station tin- der the terms of a grant from the Fed- eral Emergency Administration of Pub- lic Works, and Whereas, on the 23rd day of August, 1938, the City Council adopted Resolu- tion No. 84-38 and therein authorized and directed the 'Consulting Engineer- ing firm of Consoer, Townsend & Quinlan, 205 W. Wacker Drive, Chi- cago, Illinois, to furnish such informa- tion as the United States of America through the Federal Emergency Ad- ininistration of Public Works might reasonably, request, Now Therefore Be It Resolved by the City Council, of the City of Dubuque, that it is deemed necessary and advisable and for the best interest of said City, that a contract be entered into with Consoer, Townsend and Quinlan, a co -partner- ship of Illinois, providing for the Pre- liminary Engineering Services, the De- tailed Design, the Construction Draw- ings and Specificatoins and the Super- vision of Construction of Improvements to the Water Works System included in PWA Docket Iowa No. 1684-F, such contract being hereto attached and made a part hereof, Be It Further Resolved that, after the passage and adoption of this Reso- lution the Mayor and Clerk be and they are hereby directed and authorized to execute said contract for and on behalf of said City of Dubuque. Approved and placed on file for one week on December 5th, 1938. Councilman Van Duelman moved that the resolution and contract be ap- proved and placed on file in the office of the City Clerk for public inspection for at least one week. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Regular Session, December 5th, 1938. 267 December 5, 1938, Honorable Mayor and City Council, Dubuque, Iowa. Re: Claim of Mrs. Mary Welsh Gentlemen: There has been referred to this office for investigation and report the claim of Mrs. Mary Welsh, filed March 16, 1938, in the sum of Two Hundred and no/100 ($200.00) Dollars, for injuries sustained by reason of a fall on an icy sidewalk on West Locust Street, near West Seventeenth Street, on the 22nd day of February, 1938, alleged to have been due to the negligence of the City of Dubuque. I have completed investigation of this claim and beg to report that the evi- dence adduced from the investigation made, indicates that at the time of this accident the sidewalk at the place of the accident was covered with rough and uneven ice, which ice was covered with slushy snow at the time. The condition of this walk was such, that in my opinion a case of negligence might be sustained, and, in view of this fact I would respectfully recommend that the claim be allowed in the sum of Seventy-five ($75) Dollars, and that a warrant be drawn in that sum, payable to Mrs. Mary Welsh, upon her execut- ing a release and satisfaction. 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 $75.00 be ordered drawn in favor of Mrs. Mary Welsh as settlement in full of her personal in- jury claim, payable upon her executing a release and satisfaction. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. November 26, 1938. To the Honorable Mayor and City Council, Dubuque, Iowa. Re: Claim of John Kemp Gentlemen: On November 17, 1938, there was re- ferred to me for investigation and re- port, the claim of John Kemp for dam- ages sustained by his automobile by reason of the wheel thereof dropping into a hole on Rush Street, on the 10th day of November, 1938, while he was driving over said street, for which dam- ages were claimed in the sum of $4.40, which were alleged to have been due to the negligence of the City. I have completed investigation of this claim and find that there did exist in said street, at the place of this accident, a hole in the street of considerable size, which amounted to a defect in the street. I would respectfully recommend that the claim be allowed in the sum of $4.40, and that upon the execution by the claimant of a release, a warrant be drawn payable to John Kemp in the sum of $4.40. 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 $4.40 be ordered drawn in favor of John Kemp as set- tlement in full of his damage claim, payable upon the execution of a release. Seconded by Councilman Wharton. Carried by the following vote: Yeas— Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Councilman Murphy moved that the petition of Mrs. Gertrude Waldorf, re- questing suspension of the 1937 taxes on Lot 81 of Langworthy's Addition, be granted, and that the Board of Su- pervisors be notified of the action of the City Council. Seconded by Councilman Thompson. 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 Thompson. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. J. J. SHEA, City Clerk. Approved 'e►�.e_�-1939. Adopted ,_SA�a.___1939. 11 / Ouncl---------- ----------- 1-----------------'' Attest: ---- - .-X.1 T-- �� City Clerk. 268 Special Session, December 13th, 1938. City Council (Official.) Special Session, December 13th, 1938. Council met at 7:45 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 petition re- questing the holding of a special meet- ing of the City Council for the purpose of discussing, and acting upon, an in- dustrial issue, and acting on any other business as may properly come before a regular meeting of the City Council. Petition of William Genszler et al, members of organized labor unions, re- questing the City Council to hold a special meeting for the purpose of dis- cussing, and acting upon, an industrial issue, presented and read. Councilman Wharton moved to suspend the rules for the purpose of allowing any one present in the Council Chamber who wishes to do so to address the Council. Seconded by Councilman Van Duel - man. Carried by the following vote: Yeas—Mayor Clark, Councilmen Mur- phy, Thompson, Van Duelman, Whar- ton. Nays—None. Messrs Norman Kormann representing the Dubuque Trades Council, Daniel Schuster an employee of the Dubuque Packing Company, Ray Blankenship business agent for the teamsters union, Ronald Patterson employee of the Dubuque Packing Company as an engineer, Har- old Houy president of the Dubuque 'Trades and Labor Congress, and Ro- land White editor of Dubuque Leader address the Council requesting the Council to prevent the building of the stockyards by the Illinois Central Rail- road Company on South Main Street oil the ground that it would destrov the buying market of the Dubuque Pack- ing Company and therefore not only halt planned expansion by the Dubuque racking Company but would also cause large numbers of Dubuquers to lose their employment. City Solicitor Nel- son was requested by the Mayor and Members of the City Council to give his opinion upon the matter under dis- cussion. Upon request of the Mayor and Members of the City Council, the City Solicitor stated that in his opinion no building permit should have been issued until and unless the location of the proposed stock yard had been ap- proved by the Board of Adjustment, and that under the provisions of the Zoning Ordinance, and of Chapter 324 i of the Code of Iowa of 1935, the Coun- cil has authority to take any appropri- ate action in the matter, and the City Solicitor recommended to the Council that the entire matter of the application of a permit to erect stock yards at the Illinois Central Railroad Company property on South Main Street be re- ferred to the Board of Adjustment of the Planning and Zoning Commission, The City Solicitor further recommend- ed that until such time as the applica- tion for the permit is acted upon by the Board of Adjustment, that the permit mistakingly issued, be cancelled. Coun- cilman Van Duelman moved that the recommendation of Citv Solicitor Nel- son be approved and that the represen- tatives of labor who addressed the Council on behalf of the petitioners be invited to attend the meeting of the Board of Adjustment of the Planning and Zoning Commission. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Councilman Murphy moved that the petition of William Genszler et al, members of organized labor unions, re- questing the City Council to hold a special meeting for the purpose of dis- cussing, and acting upon, an industrial issue, be referred to the Citv Council until action has been taken by the Board of Adjustment of the Planning and Zoning Commission. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of Sanitary Milk Company et al requesting that East Seventh Street from Central Avenue to White Street be included in the restricted parking zone, presented and read. Councilman Van Duelman moved to refer the petition to the City Council. Seconded by Councilman Wharton. Carried by the following vote: Yeas— Mayor Clark, Councilmen Alurphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of Catherine Rohr, referred to the City Council by the Board of Supervisors, requesting suspension of the 1937 taxes on Lot 2 of Roedell's Subdivision, presented and read. Coun- cilman Murphy moved to refer the pe- tition to the City Solicitor for investi- gation and report. Seconded by Coun- cilman Thompson. Carried by the fol- lonving vote: Yeas—Mavor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of James Yiannias, operator of the Avon Theatre, requesting per- mission for the building and main- tenance of a new marquee at the Avon Theatre, presented and read. Councilman Murphy moved that the Special Session, December 13th, 1938. 269 prayer of the petition be granted and the City Solicitor to be instructed to prepare a proper ordinance covering the same, the petitioner to be required to pay the cost of publication of said ordinance, and the work of construction to be done under the supervision of the Building Commissioner. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Councilman Murphy moved that the petition of Cathrine Rohr requesting suspension of the 1937 taxes on Lot 2 of Roedell's Subdivision be granted and the Board of Supervisors to be notified of the action of the City Council. Sec- onded by Councilman Van Duelman. Carried by the following vote. Yeas— Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. December 1, 1938. 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 November, 1938, also a list of claims and list of payrolls for which warrants were drawn during the month of No- vember, 1938. Respectfully submitted, A. A. RHOMBERG, City Manager Councilman Van Duelman move( that the reports be received and place( on file. Seconded by Councilmar Wharton. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman Wharton. Nays—None. Resolution No. 132-38. Whereas, the City of Dubuque ha undertaken the construction of im provements to the Municipal Wate Works System, consisting of a Reser voir, Deep Well, High Lift Pump, an, Additions to the 'Pumping Station un der the terms of a grant from the Fed eral Emergency Administration of Pul lic Works, and Whereas on the 23rd day of Augus 1938, the City Council adopted Resc lution 84-38 and therein authorize and directed the Consulting Engineer ing firm of Consoer, Townsend Quinlan, 205 W. Wacker Drive, Ch cago, Illinois, to furnish such inform: tion as the United States of Ameri( through the Federal Emergency Ac ministration of Public Works migl reasonably request, Now Therefore Be It Resolved by the City' Council, )f the City of Dubuque, that it is seemed necessary and advisable and 'or the best interest of said City, that a -ontract be entered into with Consoer, Townsend & Quinlan, a co -partnership of Illinois, providing for the Prelimin- ary Engineering Services, the Detailed Design, the Construction Drawings and Specifications and the Supervision of Construction of Improvements to the Water Works System included in PWA Docket Iowa No. 1684F, such contract being hereto attached and made a part hereof. Be It Further resolved that, after the passage and adoption of this Resolution the Mayor and Clerk be and they are hereby directed and authorized to exe- cute said contract for and on behalf of said City of Dubuque. Approved and placed on file for one week on December 5th, 1938. Passed and adopted this 13th day of December, 1938. 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. December 13, 1938. Honorable Mayor and City Council, Dubuque, Iowa. Re: Claim of J. M. Davison, Jr. Gentlemen: On May 20, 1938, there was filed with the City of Dubuque, claim of J. M. Davison, Jr. in the sum of Twenty-five ($25) Dollars for damages for injuries alleged to have been incurred on April 20, 1938, by reason of claimant stepping on a loose cover of a manhole on the Northeast corner of Seventh and Iowa Streets, in the City of Dubuque. I beg to advise that I have completed investigation of this claim, and find that there was no defect in this particu- lar manhole cover, and no knowledge on the part of the City that this partic- ular manhole cover was loose, and from all of the facts adduced from the inves- tigation, I am of the opinion that there is no liability on the part of the City, and respectfully recommend that the claim he disallowed. Respectfully submitted, AL. J. NELSON, City Solicitor. 270 Special Session, December 13th, 1938. Councilman Murphy moved that the recommendation of City Solicitor Nel- son be approved. Seconded by Coun- cilman Thumpson. Carried by the fol- lowing vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. December 13, 1938 Honorable Mayor and City Council, Dubuque, Iowa. Re: Claim of J. Howard Schiltz. Gentlemen: There has been referred to me for in- vestigation and report, the claim of J. Howard Schiltz, filed on November 28, 1938, for damages to his automobile in the sum of Twenty-eight and 35/100 ($28.35) Dollars, alleged to have been due to the negligence of the City of Dubuque on account of the slippery condition of Bryant Street at the inter- section of Dodge Street. I beg to advise that claim does not indicate when the accident happened, excepting in so far as it is dated on November 26, 1938, and that investiga- tion made discloses that the slippery condition of the street at the place of this accident was due to rainfall or a light snow which froze in its natural state, making the street slippery, and that the accident was not due to anv defect in the street, or any condition which would make the City of Du- buque liable. Due to all the circumstances, and from the evidence ascertained, I am of the opinion that the City of Dubuque is not liable in this case, and, therefore, recommend that the claim be disal- lowed. Respectfully submitted, AL. J. NELSON, City Solicitor. Councilman Van Duelman moved that the recommendation of City So- licitor Nelson be approved. 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 adiourn. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. J. J. SHEA, City Clerk. - A di Approved -U4 ZAfir1939. Adopted �- / ��+/- 1939. ------------ Attest: --- ------ Attest: City Clerk. Special Session, December 19th. 1938. City Council (Official.) Special Session December 19th, 1938. Cquncil met at 8:00 P. M. Present—Mayor Clark, Councilmen Murphy, Thompson, Van 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 had been duly made and that this meeting is called for the purpose of conducting a hearing on the plans and specifications, form of con- tract and cost of Improvement for the construction of a new 1,000,000 gallon reservoir, including all appurtenances thereto, to be located at Eagle Point Pumping Station, and acting on any other business as may properly come before a regular meeting of the City Council. Councilman Wharton moved that the rules be suspended for the purpose of allowing any one 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. Ray McComish, an Eagle Scout, represent- ing the Northeastern Council of the Boy Scouts of America, presented an official Boy Scout calendar to the May- or, Members of the City Council, City Manager, City Solicitor and City Clerk and advised the City Officials that the Scouts of Dubuque are at their com- mand for service any hour of the day or night. Mayor 'Clark responded and thanked the Scouts for the calendars and complimented them on their rec- ord of civic service and upon the sug- gestion of Mayor Clark the Council gave the Scouts a rising vote of thanks. Proof of publication, certified to by the publishers, of notice of a public hearing on the plans and specifications, form of contract and cost of improve- ment for the construction of a neje 1,000,000 gallon reservoir, including all appurtenances thereto, to be located at Eagle Point Pumping Station, present- ed and read. Councilman Murphy moved that the proof of publication be received and filed Seconded by Coun- cilman Van Duelman. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 133-38. 771 Whereas, proposed plans and specifi- cations and form of contract for the construction of a new Reservoir, and all appurtenances thereto, at Eagle Point Pumping Station, have been approved by the City Council of the City of Du- buque and public notice given as pro- vided 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 objec- tions to said plans, specifications or contract for cost of such improvements, said time being this 19th day of De- cember 1938; and Whereas, the City Council met in Special Session this 19th day of Decem- ber, 1938, 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 objections 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 consider- ed; now, therefore 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 res- olution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of contract for or cost of said improvement be made a matter of per- manent record in connection with said improvement. Passed, adopted and approved this 19th day of December, 1938. 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, Thomp- son, Van Duelman, Wharton. Nays— None. 272 Special Session, December 19th, 1938. Original Notice of Suit of Bernice Riddle, Administratrix of the Estate of Charles A. Riddle, deceased, Plaintiff, vs. Isabelle Metcalf, City of Dubuque, Iowa, and Dubuque County, Iowa, De- fendants of the foreclosure of mort- gage, presented and read. Councilman Thompson moved to refer the Original Notice of Suit to the City Solicitor. Seconded by Councilman Murphy. Car- ried by the following vote: Yeas—May- or Clark, Councilmen Murphy, Thomp- son, Van Duelman, Wharton. Nays— None. ACCEPTANCE OF ORDINANCE. No. 27-38. The undersigned 'Trustees of the Property of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company, do hereby accept all of the terms, con- ditions, and provisions of an ordinance adopted by the City Council of the City of Dubuque on the 28th day of Novem- ber, 1938, and entitled: "Ordinance No. 27-38, an Ordinance vacating cer- tain designated streets or parts of streets and alleys in Railroad Addition and in Wiltse's Dubuque, in the City of Dubuque, Iowa and granting and con- veying said vacated streets or parts of streets and alleys to the Chicago, Mil- waukee, St. Paul and Pacific Railroad Company." Dated this 7th day of December, 1938. HENRY A. SCANDRETT, WALTER J. CUMMINGS, GEORGE I. HAIGHT, Trustees of the Property of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company. Councilman Van Duelman moved that the Acceptance of Ordinance No. 27-38 by the Trustees of the. Property of the Chicago, Milwaukee, St. l'aivl and Pacific Railroad Company be made a matter of record. Seconded by Coun- cilman Wharton. Carried by the fol- lowing vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None, December 14, 1938. iionorable Mayor and City Council, Dubuque, Iowa. Re: Claim of Julius Bonz. ("cntlemeu: At a meeting of the City Council held on November 17, 1938, there was referred to the for investigation and report, the claim of Julius Bonz in the stun of Five Hundred ($500) Dollars. for personal injuries and damages al- leged to have been sustained by him because of an alleged unsanitary condi- tion of the city jail in which he was confined for part of the night on Sat- urday, October 22, 1938. I have made investigation of this claim and am advised by the Police De- partment of the City of Dubuque, that the city jail, while old and in a base- ment room of the City Hall, has been kept as thoroughly clean as the condi- tion of the building under the circum- stances permit, and no evidence dis- closed by my investigation indicated that the condition of the city jail at the time of plaintiff's incarceration was in no manner the approximate cause of claimant's alleged injuries. Furthermore, I am of the opinion that the maintenance of a city jail is a governmental function and that under the laws of this State, and the decisions of the Supreme Court, a municipal cor- poration cannot be held liable for fail- ure to provide a prisoner with medical attention, nor for the results of the condition of the place of confinement. Because of the decisions of our Su- preme Court in the matter, I am im- pelled to hold that the City is not liable in this claim, and to recommend that the same be disallowed. Respectfuly submitted, AL. J. NELSON, City Solicitor. Councilman Van Duelman moved that the recommendation of City Solic- itor Nelson he approved. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Original Notice of Suit of Julius Bonz, Plaintiff, vs. City of Dubuque, Dubuque County, Iowa, a Municipal Corporation, Defendant in the amotmt of $50.00 for doctor and medical attention and for personal injury in the amount of $450.00 with interest at 501o, presented and read. Councilman Mur- phy moved to refer the Original Notice of Suit to the City Solicitor. Seconded by Councilman Thompson. Carried by the following vote: Yeas—Mavor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. December 19, 1938. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have approv- ed the following bonds and policies and desire to have your approval on same for filing: SIGNS L. R Patch—The Aetna Casualty & Surety Co., Policy Number 20GL- 2105. Signs at following locations: 75 East 4th Street Special Session, December 19th, 1938. 273 18th & Central Avenue 500 Rhomberg Avenue 127 West 6th Street 10th & Central Avenue 1085 Julien Avenue 17th & Locust Streets 119 Main Street 11th & Iowa Streets 1638 Central Avenue 1085 Julien Avenue 6th & Main Street 22nd & White Streets 1348 Central Avenue 332 8th Avenue 2400 Central Avenue 521 East 22nd Streeet 600 Central Avenue 1555 Central Avenue 698 Central Avenue 216 West 1st Street 198 Main Street 75 East Fourth Street 18th & Central Avenue 14th & 15th west side of Central Ave. Charles Landon, 245 8th Avenue —Continental Casualty Company, Policy Number O. L. & T. 2202308. Appel -Higley Elec. Company, 962 Main Street.—Massachusetts Bonding & Ins. Co., Policy Number GPI, 108423. Mid -Continent Petroleum —Fireman's Fund Indemnity Company, Policy Number OLT 36145: Signs at the following location: S. E. Corner 2nd and Locust Sts. S. E. Cor. Julien Ave. & Nevada St. 1865 Central Avenue 32nd and Central Avenue S. E. Cor. 4th and Iowa Streets. *Wrn. Schaffhauser and St. George Ho- tel, 576 Central Avenue—The Fidel- ity & Casualty Co., Policy Number IOT 1942. Renier Building Fund, 521 Main Street —Standard Accident Insurance Com- pany, Policy Number IGB 3796. Firestone Service Stores, Inc., 700-706 Bluff Street—Indenmity Insurance Company of N. A. Charles Petrakis, 1956 Central Avenue —Indemnity Insurance Company of N. A., Policy Number OLT 316363. Zoller Brewing Company—Hartford Accident & Indemnity Company, Policy Number G. L. 484906. Signs at following locations: 2616 Windsor Avenue 189 Locust Street 543 8th Avenue 1618 Central Avenue 141 Locust Street 2385 'Central Avenue 1121 Julien Avenue Rockdale Rd. & Grandview Avenue 457 8th Avenue 231 W. 1st Street 241 Main Street 257 Southern Avenue 250 West First Street Respectfully submitted, A. A. RHOMBERG, City Manager Councilman Van Duelman moved that the bonds and policies be approved and placed on file. Seconded by Coun- cilman Thompson. Carried by the fol- lowing vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. December 19, 1938. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the session of the Citv Council held December 5, 1938, the petition of G. H. Holscher requesting the City to consider a compromise offer on the spe- cial assessments due on Lots 3 and 4 of Block 9 of Grandview Park Addi- tion was referred to the City Manager for investigation and report. I have examined the records and find that tax certificate No. 496, against above lots, was bought by Dubuque County at the public bidders sale of February 3, 1936. The real estate tax is approximately $120.00. The special assessments due for the improvement of Bradley Street in Fund No. 641 amounted to $104.09 at the time of the sale, February 3, 1936, to which 4ojo penalty of $4.16 attaches plus straight 6010 interest on $108.25 to the date of redemption. In view of the fact that the tax title will be taken to this property early in 1939, thereby eliminating the special assessments, I recommend that the city accept the compromise offer of $50.00 and that a warrant be ordered drawn on the Improvement Fund for the amount of the deficiency in the special assessment including interest and pen- alty. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Van Duelman moved that the recommendation of City Man- ager Rhomberg be approved and that a warrant in the amount of $77.25 be or- dered drawn on the Improvement Fund for the amount of the deficiency in the special assessment including in- terest and penalty on the special assess- ments levied against Lot 3 and 4 of Block 9 of Grandview Park Addition. Seconded by Councilman Thompson. Carried by the following vote: Yeas— Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Councilman Thompson moved that the petition of Peter Maas requesting suspension of the 1937 taxes on Lot 166 of L. H. Langworthy's Addition, be granted, and that the Board of Su- 274 Special Session, December 19th, 1938. pervisors to be notified of the action of the City Council. Seconded by Coun- cilman Wharton. Carried by the fol- lowing vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Councilman Thompson moved that the petition of Mrs. Mary Klinkham- mer requesting cancellation of the 1937 taxes on Lot 32 of Mineral Lot 39, be granted, and that the Board of Super- visors to be notified 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. Ordinance No. 31-38. An Ordinance granting to Frank R. Lacy, trustee, owner, and James Yiannias, lessee, their heirs and assigns the right to con- struct and maintain a canopy in front of the Avon Theatre, over the sidewalk abutting the North 33 feet of the South 49 feet of City Lot 52 in the City of Dubuque, Iowa, and prescribing the conditions of such permit, presented and read. Councilman Van Duelman 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 Clark, Councilmen Mur- phy, 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 Clark, Councilmen Murphy, Thomp- son, Van Duelman, Wharton. Nays— None. 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 —te: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. December 14, 1938. Honorable Mayor and City Cuoncil, Dubuque, Iowa. Re: Claim of Mrs. Anthony Eberhart Gentlemen: On October 24, 1938, there was re- ferred to me by the City Council for investigation the claim of Mrs. Anthony Eberhart, for damages to her automo- bile, in the sum of Five and 25/100 ($5.25) Dollars, incurred on October 15, 1938. I have completed investigation of this claim and find that a large rock left in the street damaged the plaintiff's car, and am of the opinion that the claim should be allowed in the sum of Five and 25/100 ($5.25) Dolars, and so rec- ommend to your honorable body. Respectfully submitted, AL. J. NELSON, City Solicitor. Councilman Murphy moved that the recommendation of City Solicitor Nel- son be approved and that a warrant in the amount of $5.25 be ordered drawn in favor of Mrs. Anthony Eberhardt as settlement in full of her claim for dam- ages to her automobile caused in strik- ing a rock in the street at Sixth and Bluff Streets. Seconded by Council- man Van Duelman. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. December 19th, 1938. Honorable Mayor and City Council, Dubuque, Iowa. Re: Claim of Dan Heitz Gentlemen: On June 14, 1938, there was referred to me for investigation and report the claim of the above named Dan Heitz, in the sum of $35.00, filed May 19, 1938, for damages to his automobile sustained April 20, 1938, and alleged to have been caused by the wheel of his car dropping into a hole in the street in Southen Avenue, by reason of which said car turned over damaging the top, fender and rear wheel, said damages alleged to have been due to the negli- gence of the City. On September 20, 1938, there was re- ferred to me by the City Council orig- inal notice of suit instituted in the Jus- tice Court of M. P. Hogan, involving the same matter, which suit is still pending. I beg to advise that I have completed investigation of the above claim and suit, and find that at the time of this accident there was one or two holes in Southern Avenue at the place of this accident, adjacent to a manhole which extended above the surface of the street, and that the accident was caused when the right rear wheel of claimant's car dropped into this hole, and then struck the manhole, causing the car to turn over, and that the damage to claimant's car was sustained as alleged. From the evidence disclosed by my investigation, I am of the opinion that there was a culpable defect in the street at the time of this accident and I re- spectfully recommend that the claim and suit be settled from the sum of $25.00 and that upon the execution of a Special Session, December 19th, 1938. receipt and release by the claimant, and the dismissal of the suit instituted in Justice Court, a warrant be issued pay- able to Peter W. Klauer, attorney for Dan Heitz, claimant, and delivered to said attorney. I am returning the claim herewith. Respectfully submitted, AL. J. NELSON, City Solicitor. Councilman Thompson moved that the recommendation of City Solicitor Nelson be approved and that a war- rant in the amount of $25.00 be ordered drawn in favor of Peter W. Klauer, At- torney for Dan Heitz, as settlement in full of the claim of Dan Heitz for dam- ages to his automobile caused in strik- ing a hole in the street on Southern Avenue approximately two hundred feet South of the Harold Barrett store, said warrant to be delivered to said attor- ney upon the execution of a receipt and release by Dan Heitz and the dismissal of the suit instituted in Justice Court. Seconded by Councilman Murphy. Car- ried by the following vote: Yeas— Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. December 19, 1938. Honorable Mayor and City Council, Dubuque, Iowa. Re: Claim of Orland Driscoll Gentlemen: On June 14, 1938, there was referred to me for investigation and report the claim of the above named Orland Dris- coll, in the sum of $75.00 for personal injuries sustained by him on April 20, 1938, while a passenger in an automo- bile owned and driven by one Dan Heitz, alleged to have been caused by the rear right wheel of said automobile dropping into a hole on Southern Ave- nue, which caused said automobile to turn over, and by reason of which claimant sustained a cut in his forehead over his nose and left eye, necessitating medical attention and loss of time. On September 20, 1938, there was re- ferred to me by the City Council orig- inal notice of suit instituted in the Jus- tice Court of M. P. Hogan, involving the same matter, which suit is still pending. I beg to advise that I have completed investigation of this claim and case and find that at the time of this accident there was one or two holes in the street at this place of the accident and adja- cent to a manhole which extended above the surface of the street, and that the automobile in which claimant was rid- ing did drop into this hole and strike this manhole and turned over, and that 275 ?laintiff's injuries are as claimed. I found upon investigation that the holes in this street constituted what might be termed a culpable defect, and might properly be made the basis of a suit. I, therefore, recommend that the claim and case be settled, and that pay- ment to the claimant of the sum of $20.00 be made, and that upon the exe- cution of a receipt and release by the claimant and the dismissal of the case filed in Justice Court a warrant be is- sued in the sum of $20.00, payable to Peter W. Klauer, attorney for claimant. I am returning the claim herewith. Respectfuly 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 $20.00 be or- dered drawn in favor of Peter W. Klau- er, Attorney for Orland Driscoll, as settlement in full of the claim of Orland Driscoll for personal inju- ries received while a passenger in the automobile of Dan Heitz, which automobile struck a hole in the street on Southern Avenue, approxi- mately 200 feet south of the Harold Barrett store, causing injuries to said claimants forehead and nose, said war- rant to be delivered to said attorney up- on the execution of a receipt and re- lease by Orland Driscoll and the dis- missal of the case filed in Justice Court. Seconded by Councilman Wharton. Carried by the folowing vote: Yeas— Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. December 14, 1938. Honorable Mayor and City Council, Dubuque, Iowa. Re: Traffic Ordinance Gentlemen: At your meeting on the 24th of Octo- ber, 1938, I was instructed by the Coun- cil, to draft, with the recommendations of the City Manager, Chief of the Fire Department, and Chief of the Police Department, a tentative ordinance reg- ulating parking and traffic in the down- town business area of the city. I have conferred, on a number of oc- casions with the City Manager, Chief of the Fire Department, and Chief of the Police Department, and, as per the instructions of your honorable body, I submit herewith tentative ordinance covering parking in the alleys and streets of the business area from 276 Session, December 19th, 1938. Fourth Street to Twelfth Street, and from Central Avenue to Bluff Street inclusive, with the recommendation that the same be adopted. Respectfully submitted, AL. J. NELSON, City Solicitor. Councilman Van Duelman moved that the recommendation of City So- licitor Nelson be approved. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Ordinance No. 32-38. An Ordinance amending Ordinance No. 10-37 en- titled: "An ordinance regulating the use of vehicles upon the streets of the City of Dubuque; designating the pro- visions hereof 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 101, Rule 103, Rule 104, and Rule 108 of Sub -title XIV of Paragraph 609, Section 3, of said Ordi- nance 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 Paragraph 609x, Section 3a providing for the removal from streets and al- leys and the custody of vehicles found in violation of any State Law or City Ordinance, 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 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 senarate 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. There being no further business, Councilman'Murphy moved to adjourn. Seconded by Councilman Thompson. Carried by the following vote: Yeas— Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Na_vs—None. J. J. SHEA, City Clerk. Approved 1939. Adopted /sea._ 1939. CouueAiifen:'-- ----- - ----- -- ----------- 0 Attest: ---- - City Clerk. Special Session, December 27th, 1938. City Council (Official) Special Session, December 27th, 1938. Council met at. 7:55 P. -M. Present—Mayor Clark, Councilmen Murphy, Thompson, Van 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 had been duly made and that this meeting is called for the purpose of considering bids received for the construction of a Reservoir, includ- ing all appurtenances thereto, at Eagle Point Pumping Station, and acting on any other business as may properly come before a regular meeeting of the City Council. Petition of Wm. Schaffhauser, et al, requesting the City Council to extend, in the proposed changes in the parking regulations for the downtown district, to Fifth and Central instead of Sixth Street and Central Avenue presented and read. Petition of C. E. Rhoades, Manager Dubuque Automobile Club, objecting to the proposed plan to have the busses load and unload on the far corners of the intersections on Main Street be- tween 4th Street and 11th Street, pre- sented and read. Councilman Van Duelman 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 following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Mr. Carl Kiesel, representing the H. B. Glover Company, addressed the Coun- cil requesting information regarding certain provisions of the proposed or- dinance and entered objections on be- half of the employees of H. B. Glover Company to the establishing of a park- ing limit around the H. B. Glover Company buildings between West 4th and West 6th Streets. Mr. Charles Spielman addressed the Council stating that a five cent bus fare would solve traffic problems as more persons work- ing in the downtown districts would ride the busses and not use their auto- mobiles. Mr. Walter Mengis addressed the Council requesting that the one- hour parking limit on Central Avenue be extended north to Eighteenth Street instead of to Sixteenth Street as sel out in the proposed ordinance. Mr C. E. Rhoades, Manager, Dubuque Au tomobile Club, addressed the Counci stating that he objected to the provisioc of the ordinance which would have pas 277 senger busses stop on the far sides of the intersections on Main Street be- tween West Fourth Street and West Eleventh Street. Councilman. Wharton moved that the )revious action taken by the City Coun- cil on the passage of Ordinance No. 32-38, an ordinance amending Ordin- ance No. 10-37, entitled: "An ordinance regulating 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 Subtitle XIV of Paragraph 609, Section 31 of said ordinance and enacting substi- tutes therefor and in lieu thereof, and by amending said ordinance 10-37 by the insertion in and addition to said or- dinance of Paragraph 609a, Section 3a, providing for the removal from streets and alleys and the custody of vehicles found in violation of any State Law or City Ordinance, upon first and second readings on December 19th, 1938, be rescinded. Seconded by Councilman Van Duelman. Carried by the follow- ing vote: Yeas—Mayor Clark, Coun- cilmen Murphy, Thompson, Van Duel - man, Wharton. Nays—None. Councilman Wharton moved that the City Solicitor be instructed to prepare a new ordinance to include all of the pro- visions of the original Ordinance No. 32-38 and that the request of the Wm. Schaffhauser et al petition that the one hour parking provision be extended to Fifth and Central Avenue and also that the request of Walter Mengis that the one hour parking provision be extended to Eighteenth and Central Avenue be also included in the new ordinance. Sec- onded by Councilman Van Duelman. Carried by the following vote: Yeas— Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Proof of publication, certified to by the publishers, of the official notice to contractors of the receipt of bids for the construction of a new 1,000,000 gallon reservoir, including all appurtenances thereto, at Eagle Point Pumping Sta- tion, presented and read. Councilman Thompson moved that the proof of publication be received and filed. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas— Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. December 27th, 1938. Honorable Mayor and City Council: Gentlemen: Pursuant to Resolution 131-38, adopted by the City Council, on De- cember 5th, 1938, sealed bids were re-. 278 Special Session, December 27th, 1938. ceived and opened on December 22nd, 1938, at 10:00 A. M.; for the construc- tion of a new 1,000,000 gallon Reser- voir at Eagle Point Pumping Station, as a part of PWA Project 1684-F, for improvements to Water Works System Attached hereto is a tabulation of the three bids received. No irregularities were found in any of the proposals. We recommend that the contract for the construction of the new reservoir be awarded to Anton Zwack, Inc., of Du- buque, Iowa, his 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 Van Duelman moved that the recommendation of City Man- ager Rhomberg and Superintendent of Water Department Hail be approved and made a matter of record. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. City of Dubuque, Iowa RESOLUTION NO. 134-38. 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 the pro- posed reservoir herebefore published on the 6th and 13th day of December, 1938, did on the 22nd day of December, 1938, at Ten O'Clock A. M. at the City Clerk's office in the City Hall, in Du- buque, Iowa, receive bids for the con- struction of a reservoir, which said bids were taken under advisement by the City Council. WHEREAS, the base bid of Anton Zwack, Inc., for general work is the lowest bid submitted by any responsible bidder; and whereas a present estimate of project costs is: GENERAL WORK— Contract No. 2—Reservoir 'Complete (Bid of Anton Zwack, Inc. 12-22-38)-----$38,365.00 Contract No. 1—Deep Well_$17,542.00 Pumps ------------------ 19,000.00 General for Building_--_-_ 55,500.00 Heating and Plumbing for Building ----------- 7,000.00 Preliminary, Land, L;ngineering 8,500.00 Legal, Overhead, etc. ------- 500.00 Available for Contingencies__ 3,593.00 Funds Available'— Government Grant$67,500.00 Applicant's Funds 82,500.00 $150,000.00 $150,000.00 NOW, THEREFORE, Be It Re- solved by the City Council, of the City and the County of Dubuque, and State of Iowa: That the contract for Reservoir, as Contract No. 2 in the amount of $38,- 365.00 be awarded to Anton Zwack, Inc., and that in accordance with the contractor's proposal, for changes in the work, either additions or deduc- tions, the following unit prices will apply: Earth excavation ___.___75c per cu. yd Floor concrete against ground ------ 12.00 per cu. yd. Formed concrete ----- 22.00 per cu. yd. Provided, however, that this award shall not be effective until the Anton Zwack, Inc., shall have been notified in writing by the City Manager, of such award. BE IT FUR'T'HER RESOLVED, that this resolution being deemed urg- ent and of immediate necessity become effective from and after its final pas- sage and adoption by the City Council. Approved and placed on file for one week on becember 27th, 1938. Councilman Van Duelman moved that the resolution be approved and placed on file for one week for public inspection. Seconded by Councilmen Wharton. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Notice of Injury and Claim for Dam- ages of Katheryn Kanavis in the sum of $5.000.00 for personal injuries re- ceived by falling into a depression lo- cated in a rock curbing which abuts and runs parallel with the width of a side- walk on East 17th Street between Elm and Washington Streets, presented and read. Councilman Van Duelman moved that the Notice of Injury and Claim for Damages of Katheryn Kanavis be re- ferred to the City Solicitor. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Original Notice of foreclosure of mortgage of Bernice Riddle, Adminis- tratrix of the Estate of Charles A. Riddle, deceased, Plaintiff, vs. Isabelle Metcalf, City of Dubuque, Iowa, and Dubuque County, Iowa, Defendants, presented and read. Councilman Mur- phy moved that the Original Notice of foreclosure of mortgage be referred to the City Solicitor. Seconded by Coun- cilman Thompson. Carried by the fol- lowing vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Vail Duelman, Wharton. Nays—None. Communication of WKBB Radio Station, by Jim 'Carpenter, General Manager, extending thanks to the mem- bers of the City Council for their co - Special Session, December 27th, 1938. 279 operation during the past year and ex- tending heartiest wishes for the Christ- mas season and the year of 1939, pre- sented and read. Councilman Wharton moved that the communication be re- ceived and filed. Seconded by Council- man Thompson. Carried by the fol- lowing vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of J. A. Zogg requesting the cancellation of the penalty in the amount of $21.35 on the special assess- ments levied against his property for the improvement of Roosevelt Street, presented and read. Councilman Thompson moved that the request be granted and that a warrant in the amount of $21.35 be ordered drawn on the Improvement Fund to cover the amount of penalty waived. Seconded by Councilman Wharton. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Petition of Adam Zillig Estate, by Robt. W. Clewell, Its Attorney, re- questing a refund on cigarette license for the unexpired six months of the year covered by the license, as said business has been sold, presented and read. Councilman Van Duelman moved that the request be granted and that a warrant in the amount of $50.00 be or- dered drawn in favor of Adam Zillig Estate, By Robt. W. Clewell, Its Attor- ney, to cover the amount of refund granted. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Clark, Councilmen Mur- phy, Thompson, Van Duelman, Whar- ton. Nays—None. Ordinance No. 31-38. An Ordin- ance granting to Frank R. Lacy, trus- tee, owner, and James Yiannias, lessee, their heirs and assigns the right to con- struct and maintain a canopy in front of the Avon Theatre, over the sidewalk abutting the North 33 feet of the South 49 feet of City Lot 52 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 the 19th day of December, 1938, presented and read a third time. ORDINANCE NO. 31-38. An Ordinance granting to Frank R. Lacy, trustee, owner, and James Yian- nias, lessee, their heirs and assigns the right to construct and maintain a can- opy in front of the Avon Theatre, over the sidewalk abutting the North 33 feet of the South 49 feet of City Lot 52 in the City of Dubuque, Iowa, and pre- scribing the conditions of such permit: BE IT ORDAINED BY THE CITY 'COUNCIL OF THE CITY OF DUBUQUE: PARAGRAPH 733, SECTION 1. That Frank R Lacy, trustee, owner, and James Yiannias, lessee, their heirs or assigns, be, and they are hereby granted the right and authority to con- struct and maintain a canopy in front of the Avon Theatre, over the sidewalk abutting the North 33 feet of the South 49 feet of City Lot 52 in the City of Dubuque, Iowa, such canopy to be at least 11 feet above said sidewalk, and to be attached to the building located upon said lot and constructed over the entrance to the Avon Theatre, located thereon, according to the plans filed with the building commissioner of the City of Dubuque, and to be built under the supervision of the building commis- sioner of the City of Dubuque. PARAGRAPH 734, 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 Frank R. Lacy, trustee, owner, and James Yian- nias, lessee, 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 impose restrictions or condi- tions upon the enjoyment thereof, as may reasonably be 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 interests should require such revoca- tion. If, and when such permit, right and license is revoked by the 'City Council, said Frank R. Lacy, trustee, and James Yiannias, lessee, their heirs or assigns, shall remove such canopy 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 735, 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 hereun- der shall accrue to said Frank R Lacy, trustee, and James Yiannias, lessee, their heirs and assigns when the pro- visions hereof shall have been accepted by them. Passed upon first and second reading this 19th day of December, 1938. Passed, adopted and approved upon final reading this 27th day of Decem- ber, 1938. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. 280 Special Session, December 27th, 1938. ACCEPTANCE OF ORDINANCE BY OWNER Frank R. Lacy, trustee, owner of the North 33 feet of the South 49 feet of City Lot 52 in the City of Dubuque, Iowa, does hereby accept the terms, provisions and conditions of the ordi- nance adopted by the City Council of the City of Dubuque, designated as: Ordinance No. 31-38. "An Ordinance granting to Frank R. Lacy, trustee, owner, and James Yiannias, lessee, their heirs and as- signs the right to construct and maintain a canopy in front of the Avon Theatre, over the sidewalk abutting the North 33 feet of the South 49 feet of City Lot 52 in the City of Dubuque, Iowa, and pre- scribing the conditions of such per- mit;" this 28th day of December, 1938. FRANK R. LACY, Owner. ACCEPTANCE OF ORDINANCEt BY LESSEE James Yiannias, lessee, of the North 33 feet of the South 49 feet of City Lot 52 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, Iowa, designated as: Ordinance No. 31-38: "An Ordinance granting to Frank R. Lacy, trustee, owner, and James Yiannias, lessee, their heirs and assigns the right to construct and maintain a canopy in front of the Avon Theatre, over the sidewalk abutting the North 33 feet of the South 49 feet of City Lot 52 in the City of Dubuque, Iowa, and pre- scribing the conditions of such per- mit:" this 28th day of December, 1938, JAMES YIANNIAS, Lessee. Published officially in the Telegraph - Herald newspaper December 29th, 1938. J. J. SHEA, 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 Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Council Proceedings for the month of October, 1938, presented for approv- al. Councilman Murphy moved that the Council Proceedings for the month of October, 1938, be approved as print- ed. Seconded by Councilman Thomp- son Carried by the following vote: Yeas—Mayor Clark, 'Councilmen Mur- phy, Thompson, Van Duelman, Whar- ton. Nays—None. 1 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, 1938, presented and read. 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 November, 1938, present- ed. Councilman Thompson moved that the report of the Board of Health for the month of November, 1938, be re- ceived and placed on file. Seconded by Councilman Murphy. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Resolution No. 135-38. Be It Resolved by the Citv 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 J. L Spielman__601 Rhomberg Avenue Alfred Finch ----- 1347 Central Avenue Be It Further Resolved that the bonds filed with the applications be ap- proved. Passed, adopted and approved this 27th day of December, 1938. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, Citv 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. Councilman Murphy moved that the petition of James Sullivan requesting cancellation of the 1937 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 Councilman Thompson. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. Special Session, December 27th, 1938. 281 Councilman Wharton moved that the petition of C. E. Rhoades, Manager, Dubuque Automobile Club, objecting to the proposed plan to have the busses load and unload on the far corners of the intersections on Main Street be- tween 4th Street and 11th Street, be re- ceived and filed. Seconded by Coun- cilman Van Duelman. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. December 27, 1938. Honorable Mayor and City Council, Dubuque, Iowa. Re: Claim of Leona Kies Gentlemen: On January 17, 1938, there was filed with the City Clerk the claim of Leona Kies, in the sum of Five Thousand ($5,000) Dollars, for damages for per- sonal injuries sustained by her on the 12th day of December, 1937, at about 4 o'clock P. M., by reason of her slipping and falling on an accumulation of rough and ridged ice upon the crosswalk in the alley on the North side of Seventh Street, between Locust Street and Bluff Streets, in the City of Dubuque, while claimant was walking in a west- erly direction on the North side of Sev- enth Street. Thereafter, on the 21st day of Sep- tember, 1938, suit was instituted by this claimant against the City of Du- buque in the District Court of Dubuque County, Iowa, in the sum of Five Thousand ($5,000) Dollars, in further prosecution of this claim. I have completed a thorough investi- gation of this claim and suit, in so far as the facts and circumstances would permit as soon as my assumption to the office of City Solicitor, and find that claimant did sustain this injury on the date and at about the time alleged, and that she was assisted into the Elks Club where first aid was rendered, and on the following day, after an X -Ray ex- amination, a fracture of her left ankle was produced, and her leg immobilized in a plaster casing for a period of six weeks and that thereafter she was un- der the care of a doctor for three and one-half months, during which time she was able to get about with the aid of crutches for two and one-half months, and with the aid of a cane for another month, but was unable to fol- low any gainful occupation since that time. Investigation further ascertained that at the time of this injury Miss Kies was employed by the Enduro-Tex Company of New York City and was acting as a demonstrator for said company at the Roshek Department Store, and was earning $25.00 per week and commis- sion. In order to ascertain the exact ex- tent of claimant's injury and the per- manency thereof, and with the permis- sion of the claimant, I had her exam- ined by a specialist and an X -Ray taken of her ankle and limb on December 21, 1938, and find that claimant sustained a fracture of the external and posterior lip of the left tibia. An X -Ray taken of claimant's ankle in February of 1938 showed bone atrophy of this region which in the X -Ray taken December 21, 1938. was not indicated and that there is but little evidence of permanent injury, excepting that claimant still suffers pain in this ankle joint and swelling of the ankle upon any extended use thereof, which results in difficulty in resting, and which may continue for some time. With respect to the condition of this crosswalk at the time of the claimant's injury, I have interviewed four different witnesses including the officer who made the investigation of the accident shortly after it happened, and find that at the time of the accident this cross- walk was completely covered with hard packed snow and ice about 3 inches thick, and which was in a very rough, uneven and ridged condition due to the tramping of pedestrians, and the driv- ing of trucks through the alley, and that the condition of the crosswalk was such as to constitute a culpable defect and negligence on the part of the City. The evidence adduced further indi- cates that prior to the time of this ac- cident the City had actual as well as constructive notice of the condition of this crosswalk. In view of the facts and circum- stances herein disclosed and the evi- dence adduced from the investigation made, I would respectfully recommend that this claimant's suit be settled by the payment to the claimant of the sum of Five Hundred ($500) Dollars, and that upon the execution of the receipt and release by the claimant, and the furnishing of a dismissal of the suit in- stituted in the District Court, a war- rant be drawn payable to and deliv- ered to Milton J. Glenn, attorney for Leona Kies. I would further recommend that a warrant be drawn in the sum of $4.75, Payable to the Clerk of the District Court of Dubuque County, Iowa, for the costs of this suit. Respectfully submitted, AL. J. NELSON, City Solicitor. Councilman Thompson moved that the recommendations of City Solicitor 282 Special Session, D Nelson be approved and that a war- rant in the amount of $500.00 be or- dered drawn payable to Milton J. Glenn, Attorney for Leona Kies, and that said warrant be delivered to Mil- ton J. Glenn, upon the execution of the receipt and release by the claimant Leona Kies, and the furnishing of a dis- missal of the suit instituted in the District Court and also that a warrant in the amount of $4.75 be drawn pay- able to the Clerk of the District 'Court of Dubuque County, Iowa, for the costs of the suit of Leona Kies. 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 Thompson. Carried by the following vote: Yeas—Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays—None. J. J. SHEA, City Clerk. Approved % "1_ 1939. Adopted p/1_% ►S_ 1939. (.----------_ - -- Attest: (V1 City Clerk. xember 27th, 1938. .� 0 ,".-M , o Coll CGUIIGi � �C'CC�'U lw7 [1^r14 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA For the Year 1939 City Officers for the Year I939 COUNCILMEN GEO. R. MURPHY, Mayor CARL A. CLARK FRANI{ VAN DUELMAN F. W. THOMPSON ALBERT WHARTON City Clerk, J. J. SHEA City Solicitor, AL. J. NELSON City Manager, A. A. RHOMBERG City Treasurer— Chief of Police— OTTO F. PULS JOSEPH H. STRUB City Auditor— Health Director— R. P. MARSHALL DR. A. J. ENTRINGER Chief of Fire Department— Sanitary Officer— WILLIAM L. RYAN JOSEPH T. SCHARRY City Electrician— JOSEPH CORRELL Milk Inspector— V. F. CHAPMAN Police Judge— LOUIS F. FAUTSCH Food and Restaurant Inspector— MRS. ALMEDA TIMMONS Plumbing Inspector— D. J. O'LEARY Market Master— Electrical Inspector— C. J. McCARTHY OTTO BETHKE Recreational Director— Building Commissioner— CARL GRABOW HARRY H. HOWIE City Assessor Superintendent of Water Works— GEORGE BENNETT J. J. HAIL Regular meetings of the City Council are held the first Monday of each month at 7:30 P. M. an INDEX—Book 69 1939 SUBJECT Page A Feb. 27—Alderson John, notice of suit, to Louis and Mary no Schmitt, City of Dubuque, et al ...................................... 34 " 27—Andre Susanna, City of Dubuque and Dubuque County Treasurer, notice of condemnation by the Iowa State Highway Commission of Lots 24, 25 and 26 in Babcock's Addition........................................................ 34 Mar. 6—Avenarius Art, requesting a parking permit in the rear of his place of business in the 1000 block on Main Street....... ............... ........ .......................... ...................... . 43 " 23—American Legion Auxiliary, requesting permission to hold their Annual Poppy Sale on May 27, 1939........ 86 April 3—Appointment of Officers by City Council ............................ 107 " 3—Appointment of Officers and Employees by City Manager 107 " 3—Appointment of the Telegraph -Herald as official news- paper.................................................................................... 108 " 3—Appointment of First National Bank, American Trust & Savings Bank and Dubuque Bank and Trust Com- pany as depositories of public funds ........................ 108 " 3—American Trust and Savings Bank, appointed as a de- pository of public funds ...................................................... 108 " 3—Appointment of John H. Weimer, Eugene Forward and Frank J. Hickson as members of Board of Review 108 May 1—American Legion, requesting the issuance of a proclama- tion of a special election for the election of repre- sentatives to a training school known as "Boys' State".................................................................................... 123-168 " 1—American Legion, Boys State Committee, requesting per- mission to hold a street parade .................................... 125 " 22—Application for authority to transfer the sum of $602.08 from the Library Fund to the Library Building Fund 151 June 5—Alderson Dr. James, re -appointed as a member of Board of Trustees of the Carnegie -Stout Free Public Li- brary..................................................................................... 155-167 " 22—American Legion Drum and Bugle Corps, requesting per- mission to place a banner across Main Street ...................................... 168 " 22—Anchor Inv. Co., condemnation proceedings on buildings located on Lot 19, Correll's Sub.................172-243-261-270-280-292 " 22—Anderson Reuben L., Inc., excavation bond ........................ 173 " 22—Apel Merlin, granted cigarette permit ................................ 175 " 22—Amodeo Jos, granted Class "C" beer permit ........................ 176-177 " 22—Approval of plats of Subdivisions of Lot No. 1 of 1 of 1 of 1 of Mineral Lot 305A and of Lot No. 1 of 1 of 1 of 1 of 1 of Mineral Lot 305A, Eagle Point Park.... 178 " 30—Anthony Theodore E. and Lillian, granted Class "B" beerpermit............................................................................ 194 Aug. 7—Angelos Andrew, requesting a free permit to sell pop- corn from a wagon.............................................................. 218 Sept. 5—Armstrong John A. and Harriett, granted Class "B" per- mit.......................................................................................... 250 Oct. 2—Avenarius Mrs. Catherine, original notice of suit .............. 272 " 2—Aetna Casualty and Surety Company, certificate appoint- ing Agents to execute bonds, etc ..................................... 272 " 6—Armstrong John A., granted cigarette permit .................... 284 Nov. 6—Allendorf W. F., requesting a refund of the total amount of penalties paid on special assessments for Lot 35 part of Farley's Sub............................................................. 290-311 no INDEX --Book 69 1939 SUBJECT Page 6 Jan. 16—Bock Geo. and Emil, requesting permission for the in- stallation of equipment required for a modern Super -Service Station at 2231 Central Avenue........ 8-25-30 " 16—Bendel Geo., suspension of 1938 taxes ................................ 9-25 " 16—Brady John A., bond as Police Court Clerk ........................ 12 " 30—Board of Health, report for month of December, 1938 19 „ 30—Bock George, sign policy............................................................ 19 Feb. 6—Bradley H. M., claim for damages to his milk truck ............ 27-40 " 27—Brown William C. and William L. Jones, owners of Lots 33 and 35 of Grandview Heights, requesting the vacation of the unnamed street on which said lots abut from Plymouth Street southerly to the end of ............................................................ street....................35-104-110-123 " 27—Board of Health, report for month of January, 1939........ 36 " 27—Bissell Fred E., re -appointed as a member of the Plan- ning and Zoning Commission ............................................ 38 Mar. 6—Budget for the fiscal year 1939 .................... 48-50-51-52-53-54-55-56-57- ...... ... ....... 58-59-60-61-62-63-71-72-73-74-75-76-77-78-79-80-81-82-83-84 " 6—Beadle John, stating that he purchased a lot from Voelker Realty Company and finds that upon appli- cation for a permit to move a house upon this lot that he is prohibited from doing same as lot is too small...................................................................................... 48 " 15—Beach Edward J., requesting that Forest Lane between Nevada Street and Booth Street be repaired and properlydrained.................................................................. 66 " 23—Brandt Wm., submitting application for appointment as a member of Board of Review ........................................ 85 " 23—Beidler James M., making application for the office of Assessor for Julien Township ........................................ 86 23—Board of Health, report for month of March, 1939............ 87 23—Barrett H. L., granted Class "B" beer permit .................... 89 " 30—Baumann Mrs. Alma, settlement of claim and suit........ 105 April 3—Board of Review, appointment of ........................................ 108 " 3—Baldwin Howard C., State Senator, advising of receipt of resolution relative to the passage of enabling acts for slum clearance and housing ...................................... 110 " 3—Brown F. D. et al., requesting the erection of a street " light at the west end of Hayden's Lane 110-121 3—Bethke ........................ Otto F., Electrical Inspector, bond of 111 May 1—Board " .................... of Health, report for month of March, 1939........ 126 1—Barrett " Ethel Mae, granted Class "C" beer permit............ 127-128 16—Board of Trustees of Carnegie -Stout Public Library, re- questing that an application be made for authority to transfer from the Library Maintenance Fund to " the Library Building Fund the sum of $683.97............ 139 16—Boesen Mrs. Anna Fatka, suspension of 1938 taxes........ " 16—Black & White Cab Co., 139-249 " 16—Beaves taxicab policy ..... ..................... George I., excavation bond 145 145 ......................... .............. June 5—Board of Review, report for the year 1939 " 159 ............................ 5—Building, Health and Fire Departments advising the condemnation of buildings located upon Lots 8, 9 and 10 of Sub, of Min. Lot 68 Alvin Lee owner, Lot 1 of Burden and Lawthers, Celia A. Heyne owner, Lot 354 Ham's Addition Leonard -Schuster owner, City Lot 14 Sisters of the Holy Ghost owners, Lots 115 and 116 East Dubuque Addition, Thomas Farley, etal owners........................................................................ 5—Board of Trustees of Carnegie -Stout Free Public Li- brary, annual report for the 159 year ending March 31, 1939 ................. „ 22—Bram R. J., notice.o..Y claim 169 .......................... I.......................... 167.300 INDEX—Book 69 1939 SUBJECT' Page B " 22—Bohn Ernest, Chairman of Housing Committee, City of Cleveland, Ohio, requesting Council to adopt a reso- lution requesting the early passage of "Amendment to U. S. Housing Act of 1937 ............................................ 168 " 22—Board of Trustees of the Police and Fire Pension Sys- tems certifying the amount of $14,735.00 as the amount necessary for the operation of the Police Pension System and also certifying the amount of $26,763.00 as the amount necessary for the operation of the Fire Pension System for the fiscal year be- ginning April 1, 1940 and ending March 31, 1941.... 168 " 22—Board of Trustees of Public Library certifying the amount of $30,000.00 as requirements for the en- suing year for library purposes ...................................... 168 " 22—Boland Al J., et al, requesting the installation of a street light at the intersection of Windsor Avenue and Providence Street........................................................ 168-191 " 22—Building, Health and Fire Departments, advising the condemnation of buildings located on City Lot 195 Klauer Julien Hotel Company owners, City Lot 193 Wm. Lawther owner, City Lots 554 and 555 Mary F. Doyle owner, City Lot 555 Frank White owner, City Lot 238 P. J. and Minnie Norton owners, City Lot 643 J. E. Fairbanks Estate owners, Lot 284 East Du- buque Addition No. 2 Realty Inv. Corp. owners, Lot 14 Yates Sub. Mary and Catherine Smith owners, Lot 19 Correll's Sub. Anchor Inv. Co. owners, Lot 7 Central Add. Katherine Maury et al owners, Lot 9 Central Add. Joseph Paar Estate, owners, City Lots 347 and 348 Dubuque Biscuit Company owners, Lot 22 Union Addition, Wm. J. Robinson owner, Lot 9 Union Addition, S. Wiedner and C. C. Jungwirth owners......................................................................I............. 172-173 " 22—Billis Gust, granted cigarette permit .................................. 175 " 22—Benevolent & Protective Order of Elks, granted cig- arettepermit ..................... :.................................................... 175 " 22—Berntgen Frank H. and Dorothy, granted Class "B" beerpermit............................................................................ 176-177 " 22—Bowman Lloyd and Frances, granted Class "B" beer per- mit.......................................................................................... 176-177 " 22—Benevolent and Protective Order of Elks, granted Class "B" beer permit.................................................................... 176-177 " 30—Board of Dock Commissioners certifying the sum of $18,960.00 as the amount needed for the Department of Public Docks for the fiscal year beginning April 1, 1940, and ending March 31, 1941 ................................ 185 " 30—Bollen Mabelle, et al, requesting that the limited park- ing restrictions on 5th Street from Central Avenue to Iowa Street and on Iowa Street from 4th to 5th Streets be changed to full time parking ........................ 186 " 30—Barrett Mrs. Ethel, granted cigarette permit .................... 193 " 30—Buelow Clarence C., granted cigarette permit .................. 193 " 30—Beck John C., granted cigarette permit ................................ 193 " 30—Bradley Elmer R., granted. cigarette permit ........................ 193 " 30—Baumhover B. L., granted cigarette permit ........................ 193 " 30—Braun Henry C., granted cigarette permit ... ................. 193 " 30—Brodeur Norbert W., granted cigarette permit .................... 193 " 30—Bertsch Jos. J., granted cigarette permit ............................ 193 " 30—Buelow Clarence C. and Adele, granted Class "B" beer permit.................................................................................... 194 " 30—Beecher Joseph A., granted Class "B" beer permit........ 194 " 30—Berwick George, granted Class "B" beer permit ................ 194 MW INDEX—Book 69 1939 SUBJECT Page B " 30—Brodeur Norbert W. and Catherine, granted Class "B" beer permit ............ ......... .............................. . " 30—Bertsch Jos. J. and Edw. Cosgrove, granted Class "B" 194-196 beerpermit............................................................................ " 30—Board of Health, Special Session ....................... 194-19E July 5—Building, Health and Fire Departments advising the con- demnation of the barn and outbuildings located on Lot 1 of Min. Lot 145 ........................................................ " 5—Budget estimate of expenditures for the fiscal 201 year from April 1, 1940 and ending March 31, 1941 as a basis for the tax levy for the year 1939 ....................203-204-215-216-217 " 20—Berntgen Adam, condemnation proceedings on buildings located on the south one-half of Lot 115 and the north thirty-two feet 10 inches of Lot 116 of East DubuqueAddition ................................................................208.219-233 20—Board Aug. 7—Bennett George, City Assessor,s, Special obond of ................................ 7—Breithaupt Philip, Excavation bond " 223 ....................... 7—Berg Payson and Harry, granted Class "B" beer permit " 7—Barrett Milo, 223 227 granted Class "B" beer permit .................... " 7—Blum William, revocation of his Class "B" beer 227 permit 7—Board of Health, Special Session............................................ " 228-229 30—Bjerke John, claim for personal injuries .......................... Sept. 5—Burgmeier A. A., requesting that both Oak Street 230 232-285 and Apple Street be repaired ..................... 5—Brads Ludwig, requesting re -instatement as an em - „ Ployee of the City of Dubuque 240-293 ........................................ 5—Bertsch Mary, suspension of 1938 taxes .............. " 5—Bill!S Gust, 240 gr anted Class "B" beer permit ........................ 5—Board of Health, Special Session 250 ............................................ 15—Burke Richard J., Excavation Bond .................. 15 --Beresford Mrs. Elsie, settlement of 262258. claim and suit.... .... Oct. 2—Brophy A. L. et al, requesting that the Council make 239-240 a survey of the building located 1696 Jackson Street and also the building located 18th and Washington „ Streets owned by Lawther Realty Company 2—Boehm Bessie 271 ................ L., notice of claim ............... Nov. 6—Byrne Mrs. Mary, suspension of 1938 " 272-287 taxes ........................ 6—Blum Morris and William Maas, granted Class "B" beer Permit ................ 291-295 „ ............................................... .6—Barrington Wm. and Glen Miller, granted Class "B" 297 Permitbeer .................. ....... Dec. 4—Boa de of ..................... of West 297 Hill Chapel requesting that the sewer assessment levied against the feet North 40 of Lot 122 Union Add. be remitted or that the interest and penalties be remitted .......................... ..... .308-322.323 INDEX—Book 69 1939 F [' li.l L('T Page 51 Jan. 2—City Council, Regular Session ...................................... I........... 1 " 3 --City Council, Adjourned Regular Session ............................ 2 " 3—Canfield Hotel, granted Class "B" beer permit ................ 3 " 16—City Council, Special Session .............................................. 8 " 16—Chamberlain I. C. & Son, requesting release on the bond of Jos. H. Strub as Clerk of Police Court........ 8 " 16—City Auditor, City Treasurer and City Water Depart- ment, reports for month of December, 1938 ................ 12 " 16—Claims for month of December, 1938 .................................... 12 " 16—City Council, resolution opposing the collection by the Federal Government of income taxes for any past period for either state, county or municipal officials or employees also opposing a Federal tax on state and municipal bonds............................................................ 15 " 30—City Council, Special Session .................................................... 17 " 30—Claims for month of December, 1938, proof of publica- tion.......................................................................................... 18 " 30—Council Proceedings for month of November, 1938, ap- provedas printed................................................................ 19 „ 30—Coates Mary, sign policy............................................................ 19 " 30—Coney Island Lunch, sign policy ........................................ 19 Feb. 6—City Council, Regular Session .................................................. 27 " 6—Cleaver Edward T., excavation bond .................................... 27 " 6—Cain John S., submitting application for appointment to the Civil Service Commission ........................................ 31 " 27—City Council, Special Session .................................................... 33 " 27—Curtis-Straub Co., requesting cancellation of their ex- cavation bond with the Fidelity and Deposit Com- pany........................................................................................ 35 " 27—Continental Casualty Company, requesting cancellation on their liability on the excavation bond of Nesler & Buechel.............................................................................. 35 " 27—City Auditor, City Treasurer, and City Water Depart- ment, reports for month of January, 1939 ................ 37 " 27—Claims for month of January, 1939 ........................................ 37 " 27—Curtis-Straub Co., excavation bond ........................................ 37 Mar. 6—City Council, Regular Session ................................................ 43 " 6—Clancy Robert E., submitting application for appoint- ment as a member of Board of Review ........................ 43 " 6—City Solicitor, submitting ordinances amending the „Traffic Ordinance"............................................................ 46-47 " 6—Consolidated tax levy, appropriation of .......................... 47-48 " 6—City Directory, resolution requesting that the labor to be performed on the printing of said Directory be done by Dubuque labor ......... ..... _......................... .... 48-49 " 7—City Council, Special Session ................................................... 50 " 10—City Council, Special Session .................................................... 64 " 15—City Council, Special Session ................................................ 66 " 15—Clark May, Librarian, submitting deed of the Nagle property............................................................................... 66-90 " 15—Council Proceedings for month of December, 1938, ap- proved as printed.............................................................. 67 " 15—City Auditor, City Treasurer and City Water Depart- ment reports for month of February, 1939 .................... 69 " 15 --Claims for month of February, 1939 .................................... 69 " 15—City Manager, advising Council that Canavan & Lang, Engineers, have completed the appraisal of the property of the Interstate Power Company and sub- mitting an ordinance fixing rates for various classes of electrical service............................................................ 70-90 " 23—City Council, Special Session__ .............................................. 71 0 INDEX --Book 69 1939 S 1' IiJECT Page C 23—Conley Joseph M., submitting application for appoint- ment as a member of Board of Review ........ ............. 86 " 23—Claims for month of January, 1939, proof of publication 87 " 23—Council Proceedings, bids for the printing of the index and binding of same........................................................... 91-110 " 23—City Manager authorized to purchase a car for the Po- liceDepartment.................................................................. 91 " 30—City Council, Special Session .................................................... 92 " 30—Claims for month of February, 1939, proof of publication 104 April 3—City Council, Regular Session .................................................. 107 " 3—City Solicitor Nelson submitting ordinances and recom- mending the adoption of same relative to the pur- chase of goods by junk dealers, second-hand dealers andpawn brokers............................................................... 109 " 3—City Manager Rhomberg, submitting report on financial condition of City at the close of fiscal year 1938-1939 111 4—City Council, Special Session ..................................... ................ 113 " 4—Council Proceedings for month of January, 1939, ap- provedas printed............................................................... 114 12—City Council, Special Session.......... ......................... ......... . 115 " 12—Continental Casualty Company, Certificate of Compli- ance for transaction of Fidelity and Surety business 115 12—City Auditor, City Treasurer and City Water Depart- " 12—Claims ment, reports for month of March, 1939 ...................... for month of March, 1939 120 ,. 12—City ........................................... Treasurer, annual report ................................................ 120 120 May 1—City " Council, Regular Session ................................ 123 ' 1—Chicago, ._... _..... Milwaukee, St. Paul and Pacific Railroad Com- pany, granting license for permission to install and maintain a sewer underneath their right of way and " tracks at Eagle Point Water Pumping Station........ 124-153 1—Correll Jos. F., Supt. of Fire Alarm System, requesting that his name be placed on Fire Department pay 1—Council roll............................. Proceedings for month of February, 1939, ap- proved as printed .................... 1—Claims for month of March, 1939, proof of publication... 126 1—City Solicitor Nelson, submitting an ordinance amend- ing Ordinance No. 9-39, granting Kretschmer-Tred- way Company the right to construct and maintain an unloading platform and canopy over the same on Washington 1—City Solicitor Ne sone submitting an ordinance repeal- Ing Ordinance G-421, 128 establishing a new grade on Cox Street from the north property line of West Fourteenth Street to the south curb line of West th 1—CitySSolici Solicitor esubmitting six ordinances which are included in the revision of 1919 and still in force and were not repealed or amended after the form Of City Government was changed from the Special Charter City Form to the Manager Form ................. 4—City Council, Special Session 130 4 —Concrete .................................................... ........................ Products Company, offe9 r In the 133 amount of $750.00 or he Purchase of Lot in Sub. No. 2 IG—Chicago, .............................................................. .................. .... ......... Mil aukee, St ncil, Special sPaul and Pacific Railfom 136 137 ad Co - Pany, granting license covering electric line or cable Milwaukee right of way and tracks Won near the City ater Works...................................................................... 139-153 INDEX ---Book 69 1939 S 1' I11.1 ECT Page C " 16—City Auditor. City Treasurer, City Health Department -: and City Water Department, reports for month of April, 1939............................................................................. 146 " 16—Claims for month of April, 1939 ............................................ 146 " 16—City Solicitor Nelson, recommending that the matter of suit for personal injuries of Margaret Lavery be re- ferred to the City Manager for investigation and 4 report.................................................................................... 146-258 ' 22—City Council, Special Session ................................................ 148 22—City Solicitor Nelson, submitting recommendation on agreements between the City of Dubuque and the Chicago, Milwaukee, St. Paul and Pacifle Railroad Company, granting a license and permission to con- struct and maintain a sewer under the right of way and tracks and also granting a license to install and maintain an underground electrical supply line un- der the right of way and tracks of said railroad company adjacent to properties used in connection with the operation of Dubuque Water Works Sys- tem.......................................................................................... 153 June 5—City Council, Regular Session ............................................... 155 5—Claims for month of April, 1939, proof of publication.... 157 " 5—Civil Service Commission, submitting eligible list for appointment to positions on Police Department.... 157-158 " 5—Civil Service Commission, submitting list for promo- tions on the Police Department .................................... 158 " 5—Civil Service Commission, submitting list for promo- tions on the Fire Department ........................................ 158 " 5—City Solicitor Nelson, submitting, for adoption two ordi- nances repealing Ordinance No. 23 of the Revised Ordinances of 1919 relative to the bathing beach commission and Ordinance No. 24 of the Revised Ordinances of 1919 relative to the appointment of a levee improvement committee ........................................ 163 f 22—City Council, Special Session .................................................... 165 " 22—Council Proceedings for the month of March, 1939, ap- provedas printed.............................................................. 169 " 22—Civil Service Commission, submitting eligible list for appointment to positions on Fire Department.......... 173 " 22—City Auditor, City Treasurer, City Water Department and City Health Department, reports for month of May, 1939................................................................................ 174 " 22—Claims for month of May, 1939 .............................................. 174 " 22—City Auditor, annual report ...................................................... 174 " 22—Cooper Fred H. and Frank A. Lambe, granted cigarette permit.................................................................................... 175 " 22—Capretz Chris and Wm. Lembke, granted Class "B" beerpermit............................................................................ 176-177 " 22—Cooper Fred H. and F. A. Lambe, granted Class "B" beerpermit .................................................................... 176-177 " 22—Cosley William W. and Maggie, granted Class "B" beer permit.................................................................................... 176-177 " 22—City Solicitor Nelson submitting an ordinance amending ordinance No. 30.38 granting J. F. Stampfer Com- pany the right to construct and maintain an un- loading platform and enclosed entrance in the alley abutting City Lot 29.. _...................................................... 180 " 30—City Council, Special Session ................................................... 184 " 30—Cunningham John A., Attorney, addressed the Council as the representative of the Tavern Keepers' Assn., the Bartenders' Union and the Hotel and Restaurant no E, INDEX—Book 69 19:19 SUBJECT r� L Employees' Union, relative to the issuance of Class "C" beer permits.................................................................. 184 " 30—Claims for month of May, 1939, proof of publication........ 189 " 30—Clark Carl A., granted cigarette permit .............................. 193 " 30—Clesen Wm. J., granted cigarette permit. ........................... 193 " 30—Childers Frank W. and Rosella, granted Class "B" beer permit.................................................................................... 194 " 30—Cunningham Leo and John M. Thompson, granted Class "B" permit.............................................................................. 194-195 July 3—City Council, Regular Session .................................................. 197 " 5—City Council, adjourned Regular Session ............................ 198 " 20—City Council, Special Session .................................................... 205 " 20—Council Proceedings for month of April, 1939, approved asprinted....................:......................................................... 206 " 20—City Auditor, City Treasurer, City Health Department and City Water Department, reports for month of June, 1939.............................................................................. 207 " 20—Claims for month of June, 1939 .............................................. 207 " 20—Childers F. W., granted cigarette permit .... ...................... 207 " 20—City Solicitor submitting opinion on serving of con- demnation notice upon Adam Berntgen, the mort- gage holder on the South one-half of Lot 115 and North 32 feet 10 inches of Lot 116 of East Dubuque Addition................................................................................ 208 " 20—City Solicitor submitting opinion and recommendation on the Abstract of Title, Warranty Deeds and Ad- ministrator's Deed on South Middle 32 feet of City Lot658....................................................................................208-209-210 Aug. 7—City Council, Regular Session... ......................................... I ..... 215 " 7—Council Proceedings for the month of May, 1939, ap- proved as printed................................................................ 220 " 7—Claims for month of June, 1939, proof of publication.... 220 " 7—Clesen Wm. J., granted Class "B" beer permit ................ 227 " 30—City Council, Special Session .................................................... 231 " 30—Council Proceedings for the month of June, 1939, ap- proved as printed ......................... 233 " 30—City Auditor, City Treasurer, City Health Department and City Water Department, reports for month of July, 1939................................................................................ 233 " 30—Claims for month of July, 1939 .............................................. 233 Sept. 4—City Council, Regular Session ................................................ 239 " 5—City Council, Adjourned Regular Session " 240 8—City " ............................ Council, Special Session .................................................... 253 8—Council Proceedings for month of July, 1939, approved „ 8—Claims as printed............................................................................. for month of July, 1939, proof of publication.... 253 254 15—City " Council, Special Session .................................................. 256 15—City Auditor, City Treasurer, City Health Department, City Water Department, reports for month of August, 1939 „ 15—Claims Oct. 2—City .......................................................................... for month of August, 1939 ....................................... 258 258 Council, Regular Session .................................................. 269 2—Claims for month of August, 1939, proof of publication 2—Clancy Dorrance and Mrs. 272 " Margaret, transfer of address and renewal of Class "B" beer 6—City " permit ........................ Council, Special Session .................................................. 274-275 284 6—Council Proceedings for month of August, 1939, ap- Proved as printed ............................ ............... 6—City Manager Rhomberg authorized to .attend Annual Conference of International 284 ciation City Managers' Asso- Nov. 6—City Council,....................287 Regular Session ........................ ....................... 289 ow INDEX—Book 69 1939 SUBJECT Page C " 6—City Auditor, City Treasurer, City Health Department, City Water Department, reports for month of Sep- tember, 1939......................................................................... 293 " 6—Claims for month of September, 1939 ............................... 293 " 27—City Council, Special Session ................................................. 302 " 27—Cleminshaw J. M. Co., appraisal Engineers, relative to the revaluation of properties in the City of Dubuque 302 " 27—Council Proceedings for the month of September, 1939, approved as printed ......................... ............................... 303 " 27—Claims for month of September, 1939, proof of pub- lication.................................................................................. 303 27—Civil Service Commission submitting eligible list for appointment to the position of Public Health Nurse 303 " 27—City Auditor, City Treasurer, City Health Department, City Water Department, reports for month of Oc- tober, 1939.............................................................................. 303 " 27—Claims for month of October, 1939 ........................................ 303 Dec. 4—City Council, Regular Session ................................................ 307 " 4—Council Proceedings for the month of October, 1939, approved as printed ........................................................... 308 " 18—City Council, Special Session ................................................. 316 " 18—City Solicitor Nelson, resolution upon his death ............. 316 " 19—City Council, Adjourned Special Session ............................ 317 " 19—Claims for month of October, 1939, proof of publication 318 " 19—City Auditor, City Treasurer, City Health Department, City Water Department, reports for month of November, 1939.................................................................... 322 " 19—Claims for month of November, 1939 .................................. 322 " 19—Camp Street, Proflle No. 1295 showing the proposed grade of said street from the West property line of Main Street to the West property line of Salina Street..................................................................................... 325-326 " 19—Charter Street, Profile No. 1296 showing the proposed grade of said street from the West property line of Main Street to the East property line of Salina Street.................................................................................... 326 " 29—City Council, Special Session .................................................... 327 1939 SUBJECT Page Jan. 16—Datisman Wilfred et al, requesting that the areas around Washington Park and Locust and Bluff Streets be exempted from the proposed parking ordinance........................ .... ....... ............... ..... ........ - ..... ........ 9 " 30—De Maio Bros., sign policy ........ .... _.............. 19 " 30—Dubuque Tire & Battery Co., sign policy ............................ 19 Feb. 27—Dubuque Trades and Labor Congress, relative to the employing of Dubuque labor before bringing in workers from out of town ............................................... 34 " 27—Dubuque Printing Pressmen and Assistants Union No. 225 requesting permission to hold a carnival on City property on 4th Street Extension without charge for license and the rental of said grounds ................ 35 " 27—Dieterich Carl A. E., purchase of Lot 16 of Littleton and Sawyer's Addition from the City of Dubuque ........ 37-38-105-119 Mar. 6—Dovi Samuel C., claim denied .................................................. 46 " 6—Dubuque Typographical Union, et al, resolution request- ing that the labor to be performed on the printing of the new City Directory be done by Dubuque labor 48-49 " 10—Dubuque Memorial Auditorium Commission, suggesting that Council write Congressman W. S. Jacobsen relative to the passage of Bill H.R. 4576, appro- priating funds for PWA .................................................... 64-86 " 23—Dubuque Trades and Labor Congress, requesting the Council to go on record favoring the enactment 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—Dubuque Trades and Labor Congress, requesting Coun- cil to consider the applications of Joe Conley and Wm. Brandt when making the appointments of the members of Board of Review ........................................ 86 " 23—Dubuque Typographical Union requesting Council con- sideration on the application of Joseph Conley for appointment as a member of the Board of Review 86 " 23—Dubuque Trades and Labor Congress, advising Council that it is their desire that the electric rate sched- ule be dealt with fairly, keeping in mind the in- terests of members of Local 263 ................................... " 86 23—Dubuque Poster Advertising Company, requesting that the Zoning Ordinance be amended in order that the Board of Adjustment be given authority to vary the regulations relative to the construction and erection of billboards .......................................................... " 30—Dalbkermeyer Wm. et al, requesting that an electric 87 street light be placed at the intersection of East 27th Street and White Street .......................................... April 3—Dubuque Bank and Trust Company, appointed depository 103-126 91of public funds.................................................................. 108 3—Demkier Geraldine L., secretary to City Manager, bond of. .._ ..................... May 1—Dubuque Trades and Labor Congress, requesting per- 111 mission to hold a carnival on City property on East Fourth Street, adjoining Ball Park ................................ " 1 --Dubuque Golf Club, granted Class "B" beer permit........ " 1—Dubuque Metal Trades Council 125 127 Club, granted Class "B" beer permit „ .................................................. 4—Dax Anna C. notice of claim .................................................. " 16—Dock Board authorized 127 135 to proceed with acquiring the land required for the Peosta Channel Industrial Development and to institute condemnation pro- ceedings if necessary to obtain the same .................... 137 0 INDEX—Book 69 1939 S 1' i,.J ECT Page J .lune 22—Dubuque Trades and Labor Congress, thanking Coun- cil for use of City Lot on Fourth Street Extension for the holding of their carnival .................................. 167 " 22—Dubuque Trades and Labor Congress, submitting the name of Joe Conley for appointment as a member of the Board of Library Trustees ............................. 167 " 22—Doyle Mary F., condemnation proceedings on buildings located on City Lot 554 ..................172-241-242-264-266-269-278-291 " 22 --Doyle Mary F., condemnation proceedings on buildings located on City Lot 554 ................ 172-241-242-264-266-269-278-291 " 22—Dubuque Biscuit Co., condemnation proceedings on buildings located on City Lot 348 ............................... 172-173-244-245-246-265-266-270-277-291 " 22—Dubuque Biscuit Co., condemnation proceedings on buildings located on City Lot 347....173-245-265-266-270-277-291 " 22—Diamond's Grill Inc., granted cigarette permit ............... 175 " 22—Duttle Ray E., granted Class "C" beer permit ................ 176-177 " 30—Dubuque Park Board, certifying the sum of $20,916.00 as the amount needed for park purposes for the fiscal year beginning April 1, 1940 and ending March 31, 1941 ............................................. ....1 .............................. 185 " 30—Dubuque Trades and Labor Congress enclosing resolu- tion requesting the assistance of the City Council to stop the practice of laboring men from Freeport, Ill., in coming to Dubuque every day to work and returning to Freeport every evening after work........ 186 " 30—Dubuque Chamber of Commerce requesting permission to place small arrows outlining "See Dubuque Trail" on poles and electric light posts owned by the City 186 July 20—Dubuque Tri-State Rodeo requesting permission to use the City property adjoining the Municipal Athletic Field for parking purposes on August 3, 4, 5 and 6 205 Aug. 7—Dubuque Musicians' Protective Association, requesting permission to stretch a banner across Main Street also to appear on various street corners for the pur- pose of advertising their annual ball ........................ 219 Sept. 15—Doyle, Mrs. Mary, cancellation of 1938 taxes ................... 258-276 Oct. 2—Duccini Edward J. and Mabel, granted Class "B" beer permit............................................. _. _... ......................... 275 Nov. G—Disabled Veterans of the World War, requesting per- mission to conduct their annual Forget -Me -Not drive 289 " 6—Dubuque Women's Bowling Association, requesting per- mission to erect two highway signs lettered "Wel- come Women Bowlers.. ............................ ....................... 289 Dec. 19—Dubuque Building Trades Council, calling the attention of the City Council to the fact that the last Con- gress failed to provide an appropriation for the continuing of the program of Public W6rks Adminis- tration and requesting that the Council contact the United States Senators and Representatives and insist upon the passage of a bill which will proceed with the Public Works Program ........ ....................... 317 " 19—Dubuque Poster Advertising Company, requesting that they be granted a permit for the erection of a show window display board abutting the Rockdale Road Highway near the City Limits ....................................... 311Q INDEX—Book 69 1939 St,M)ECT Page E Jan. 16—Eichman Arthur et al, remonstrating against the dis- turbing noises caused by machinery being used in l sinking of a well for the Water Department............ 4 Mar. 10—Emergency Fund, resolution and application for au- thority to transfer the sum of $6,269.70 from said Fund to the General and Main Sewer Funds........... 64.67 April 3—Eye Miss Mildred, notice of claim ........................................ 110.210 .lune 22—Emergency tax, resolution and application for authority to levy the same.................................................................... 174-134 " 22—Eppler Elmer, granted cigarette permit ................................ 175 " 22—Eisenegger Arthur J., granted cigarette permit ................ 175 " 22—Eichhorn Charles M., granted cigarette permit ................ 175 22—Eisenegger Arthur J., granted Class "B" beer permit.... 176.177 22—Eppler �I Elmer and Eileen, granted Class "B" beer permit 176.177 22—Eagles Club, granted Class "B" beer permit ........................ 176-17; " 22—Eagle Point Park, approval of plats of Lot No. 1 of 1 of 1 of 1 of Mineral Lot 305A and I.ot No. 1 of 1 of 1 of 1 of 1 of Mineral Lot 305A ................................ l 7'N " 30—Esser Henry C., transfer of address of Class `B" beer permit.................................................................................... 185 " 30—Ender A. J., granted cigarette permits ................................ 193 " 30—Eichman Arthur H., granted cigarette permit ................ 193 " 30—Entringer Health Director and Sanitary Officer Scharry advising Board of Health that approximately 25 houses on Southern Avenue are not connected with the sanitary sewer ......................................................... 195 Aug. 7—Emergency Fund, resolution and application for au-thority to transfer the amount of $6,420.00 from said fund to the Grading Fund ...................... 30—Erschens ........228-231-232 Susan, relative to redemption of tax sale cer- tificate held by City on Lot 2 of Sub. of Lots 7 and 8 Sept. 5—Ebner of S. M. Langworthy's Subdivision..............................232-247-248 William R., application for Class "C" beer permit 251 Nov. 27—Emergency Fund, resolution and application for au- thority to transfer the sum of $10,330.00 from said fund to the Grading Fund and the sum of $13,804.54 from said fund to the Improvement Fund ................ 304-307 INDEX—Book 69 1939 SUBJECT Page F Jan. 3—Fluckiger Albert et al, requesting that Central Avenue between 4th and 5th Streets be included in the new parking regulations............................................................ 2 " 16—Fisko Thor, Contractor, requesting permission to do blasting on culvert construction on relocated No. 20 Highway.......................................................................... 9 " 30—Frith E. E. Company, requesting permission to put in a new sewer on 18th Street running east and west from Sycamore Street to the "B" Branch Sewer.... 18-40-44 Feb. 6—Fischer Investment Co., et al, requesting that "non - parking" be extended on Locust Street from 4th Street to 3rd Street............................................................ 27-37 " 27—Fischbach Hubert M., granted Class "B" beer permit 39 Mar. 10—Forward E. G., making application for appointment as a member of Board of Review ........................................ 64 " 15—Fischer Artificial Ice and Cold Storage Co., requesting permission to construct and maintain a railroad track across the streets and alleys in Booth's Addi- tion....................................................................................66-104-120-125 " 30—Feye Bros., requesting permission to excavate in the alley between Central Avenue and White Street and between Sixth and Seventh Streets for the pur- pose of laying an air line .................................................... 103 April 3 --First National Bank, appointed depository of public funds...................................................................................... 108 " 3—Forward Eugene, appointed as member of Board of Re- view........................................................................................ 108 " 3—Faldorf Mrs. Mary, objecting to the vacation of the un- named street running south from Plymouth Street.... 110 " 4—Federal Emergency Administration of Public Works Re- gional Director relative to the awarding of contract No. 3 for the pumping unit Docket No. Ia. 1684-F, Water Works Improvements ............................................ 113 " 12 --Farmers Supply Co., requesting parking regulations in the vicinity of White and Tenth Streets .................... 116 May 1—Faldorf Mrs. Mary, objecting to the proposed vacation of Lot 34 in Grandview Heights Add., originally dedicated for street purposes .......................................... 123 " 1—Farrell Edward, driver of City Ambulance, requesting that his name be placed on the Fire Department pay r011.......................................................................................... 124 " 1—Ferring P. J., granted Class "B" permit ............................ 127 " 22—Federal Emergency Administration of Public Works re- quested to increase its Grant on PWA Docket Iowa 1684-F from $67,500.00 to $74,900.00 ................................152-163-224 June 5—Fitzke Robert, notice of claim ................................................ 155 " 5—Farley Thomas et al, condemnation proceedings on buildings located on the South one-half of Lot 115 and the North 32 feet, 10 inches of Lot 116, East Dubuque Add . .............. .............. ....... ......... ... 159-172-180-198-220-233 " 22—Fairbanks J. E. Estate, condemnation proceedings on buildings located City Lot 643...........172-242-243-260-269-282-292 " 22—Fire engines, purchase of............................................173-204-211-212-225 " 22—Fortman Anton, granted cigarette permit ........................... 175 " 22—Falkenhainer Charles, granted cigarette permit ............... 175 " 22—Flynn John D. and Gussie, granted Class "B" beer per- mit.............................................................. ......................... 175-177 " 22—Fortman Anton, granted Class "B" beer permit............ 176-177 " 22—Fraternal Order of Orioles, granted Class "B" beer per- mit.................... ........................................................ . 176-177 " 30—Flynn John, member of Tavern Keeper's Assn., ad- dressed the Council stating that Attorney John A. WWI INDEX—Book 6Y SITBJECT Page Cunningham would address the Council as the rep- resentative of the Tavern Keeper's Assn................. 184 " 30—Finch Alfred, granted cigarette permit ............................... 193 July 5—Fraternal Order of Eagles, granted cigarette permit.... 204 " 20—French Mrs. R. A., requesting rezoning of the property at 275 North Grandview Avenue and also for the rezoning of the 1900 block on Delhi Street. ............... 206.222 Aug. 7—Frudden Edward et al, residents of Dodge Street, re- questing that the parkway and boulevard lights be ret.ained'on Dodge Street in connection with the re- location of Highway No. 20 .............................................. 218 " 7—Fautsch Louis F., Police Judge, bond of ............................ 223 7—Fritschel Esther E., Stenographer, Water Works, bond of 223 Sept. 5--Fuhrmann Richard and John O'Brien, condemnation pro- ceedings on building located on Lot 10 Central Add. .................................................................................. 244-261-269-279-292 Nov. 6—French Mrs. R. A., also petitions of property owners, requesting that the 1900 block on Delhi Street be rezoned................................................................. _... _._ 291-309-324 " 27—Fawkes P. S. et al, requesting the installation of a street light on Langworthy Avenue midway between Hill and Alpine Streets .................................................... 302 INDEX—Book 69 1939 SUBJECT Page Jan. 16—Gau Roy F. and Louis Anthoine, approval of Class "B" beer permit.................................................................... 15 " 30—Goard Mrs. Mae, claim for personal injuries .................... 17-46 " 30—Grand Opera House, Inc., requesting permission to erect a canopy on the front of Strand Theatre .................... 18-31-35-36 " 30—Gillette Guy M., United States Senator, acknowledging receipt of Resolution No. 22-39 ........................................ 18 " 30—Galloway Company, Inc., sign policy .................................... 19 " 30—Gau Roy F., approval of transfer of Class "B" beer per- mit.......................................................................................... 23 " 30—Gau Roy F. and Louis Anthoine, granted Class "B" beer permit.................................................................................... 23 Feb. 27—Grab Erwin, granted Class "C" beer permit ........................ 39 " 27—Grimme Henry and Elizabeth, granted Class "B" beer permit.................................................................................... 39 Mar. 15—Gloden L. L., submitting application for appointment as a member of Board of Review ........................................ 66 " 15—Gaherty Michael, claim denied ................................................ 70 April 3—Glenn Milton J. and Hugh Stuart, Judges Nineteenth Ju- dicial District, State of Iowa, submitting facts to assist the City Council in revising the City Ordi- nance with reference to the purchase of goods by junk dealers, second-hand dealers and pawnbrokers 108 " 12—Geake Mrs. Rose, notice of claim ............................................ 115 " 12—Grady Mrs. Agnes, Eleanor Anderson and Ann Haley, granted cigarette permit .................................................... 119 May 1—Gantert Harry N., granted Class "B" beer permit............ 127 June 22—Gala Dominick, granted cigarette permit ............................ 175 " 22—Grommersch John J., granted cigarette permit ................ 175 " 22—Grady Mrs. Agnes and Ann Haley, granted cigarette per- mit.......................................................................................... 175 " 22—Gala Dominick and Alice, Granted Class "B" beer per- mit.......................................................................................... 175-176 " 22—Graff Michael J., and Neda, granted Class "B" beer per- mit.......................................................................................... 176-177 " 22—Grommersch John J. and Frances, granted Class "B" beerpermit............................................................................ 176-177 July 20—Gau Chas., requesting relief on the special assessments levied against Lot 1 of 2 of 1 of 7, and Lot 1 of 1 of7 Peil's Sub....................................................................... 205-224 " 20—Gantert Harry N., granted cigarette permit ........................ 207 Aug. 7—Garbage contract, recommendation of City Manager to advertise for bids....................................224-248-249-253-255-256-257 " 7—Grading Fund, resolution and application for authority to transfer the amount of $6,420.00 from the Emerg- ency Fund to said fund ...... ....... ......................................... 228-231-232 Sept. 5—Grode Mrs. Viola, granted Class "B" beer permit............ 250 ,,15—General Sales Company, granted cigarette permit........ 266 Oct. 6—Grabow Carl L., Director of Recreation, requesting per- mission for the holding of a parade and street dance on October 31, 1939............................................................ 284 Nov. 6—Gavin Mark, reappointed as a member of Dock Board for term expiring November 26, 1942 ................................... 293-294 " G—Graff Joseph, granted Class "B' beer permit .................... 297 " 27—Grading Fund, resolution and application for authority to transfer the sum of $10,330.00 from the Emerg- ency Fund to said Grading Fund .................................... 304-307 INDEX—Book 69 1939 SUBJECT Page H 139 Jan. 30—Herring Clyde L., United States Senator, acknowledg- ing receipt of Resolution No. 22-39 .............................. 18 " 30—Hillyard Courtland F. and Sabyl H. Kretschmer, sign policy...................................................................................... 19 Feb. 6—Hammel A. L., excavation bond ..............................:............... 27. " 6—Hayes J. N., submitting application for appointment as 156-190 " 5—Heyne a member of the Civil Service Commission ................ 31 " 27—Haas George M., City of Dubuque and Dubuque County 22—Harbor " Treasurer, notice of condemnation by Iowa State 174 22—Hughes " Highway Commission of Lots 16 and 17 in Babcock's 174 22—Haas " Addition................................................................................ 34 " 27—Hargus Lillian L., suspension of 1938 taxes .................... 35-249 " 27—Hesling Louis J., and Donald M. Pins, granted Class "B" 22—Hedrick " 22—Hennig Jacob, granted cigarette permit ........................ Joseph A. and H. A. Rawson, granted cigarette beerpermit.......................................................................... 39 Mar. 6—Hansel Mrs. Helen E., requesting a refund on cigarette ................................ " 22—Harwood Mrs. M. L., granted cigarette permit ................ " 22—Hughes R. D. and Anna, Class "B" 175 175 permit.................................................................................... 43 " 6—Heiar Mrs. Anna, granted Class "B" . beer permit............ 45 " 10—Hoffmann Peter B. Sr., requesting appointment as a member of Board of Review ............................................ 64 " 23—Housing and slum clearance projects, City of Dubuque go on record in favor of enabling legislation in order that Dubuque may take advantage of federal funds 84-85 " 23—Hier Henry, notice of claim .................................................... 85-112 " 23—Hickson F. J., submitting application for appointment as a member of Board of Review ................................ 86 " 23—Haupert Peter, suspension of 1938 taxes ............................ 87-249 " 30—Hogan Margaret E., suspension of. 1938 taxes .................... 103-249 April 3—Hickson Frank J., appointed as a member of Board of Review.................................................................................. 108 " 3—Hail John Joseph, Supt. and Cashier of Water Dept., bondof.................................................................................. 111 " 3—Hedrick Jacob, granted Class "B" beer permit ................ 111-112 May 1—Haas Daniel, notice of claim .................................................... 124-153 " 1—Hazewinkel H. J., notice of claim ........................................ 124-211 " 1—Haggerty Harry M., driver of City Ambulance, request- ing that his name be placed on the Fire Department payroll................................................................................ 124 " 1—Holscher G. H., requesting that Henderson Street from the intersection of Bradley Street, West, to the Country Club, be opened ................................................ 125 " 16—Hird Albert et al, requesting that the one block of Semi- nary Street between St. Ambrose Street and the City Limits be put in first class condition .................... 139 June 5—Huftill Frank, reappointed as a member of Board of Trustees of the Carnegie -Stout Free Public Library 155 5—Helling A. A., requesting the City Council to view Lot 29 of C. A. Voelker's Addition and insist that the owners of said lot be compelled to remove the trees which constitute a nuisance ............................................ 156-190 " 5—Heyne Celia A., condemnation proceedings on buildings " located on Lot 1 of Burden & Lawther's Add. 159-171-182-200-206 22—Harbor " Master, annual report ................................................ 174 22—Hughes " R. D., granted cigarette permit ............................ 174 22—Haas " Louise M., granted cigarette permit ............................ 175 22—Hochberger John, granted cigarette permit ...................... " 175 22—Hanten " Jos. W., granted cigarette permit ........................ 175 22—Hedrick " 22—Hennig Jacob, granted cigarette permit ........................ Joseph A. and H. A. Rawson, granted cigarette 175 „22—Horne permti ................................... ................................................ Wm., granted cigarette permit 175 ................................ " 22—Harwood Mrs. M. L., granted cigarette permit ................ " 22—Hughes R. D. and Anna, Class "B" 175 175 granted beer permit 175-177 INDEX—Book 69 1939 SUBJECT Page H " 22—Hennig Joseph A. and H. A. Rawson, granted Class "B" beerpermit...................................................................... 176-177 " 22—Horne William, granted Class "B" beer permit.......... . _ 176.177 " 22—Hoppmann Mrs. Emily, claim disallowed ...................... _ 179 " 30—Hartig Drug Co. Inc., granted cigarette permits ............... 193 " 30—Haley Amy, granted cigarette permit ............................... 193 July 5—Harms Geraldine O., purchase of Lot 20 of O'Neill's Riverview........................................................ ................... 202 " 20—Herbst M. A. et al, requesting the Council to recon- sider their action taken in the matter of the in- stallation of a street light at the intersection of Windsor Avenue and Providence Street .................... 205-273 " 20—Huss A. J., claim for damages to automobile .................... 205-221 Aug. 30—Hill Alvina, requesting relief in the matter of payment of delinquent special assessments and redemption of tax sale certificate held by City against Lot 3 of Tschirgi & Schwind's Sub ......................................... 233-247 Sept. 5—Haller Wm. A., requesting suspension of 1938 taxes ...... 240-259 " 5—Hochberger John A. and William, granted Class "B" beerpermit.......................................................................... 250 " 8—Hail George, transfer of address of Class "B" beer per- mit.......................................................................................... 254-255 " 15—Hense Mrs. Mary E., notice of claim .................................. 257-298 " 15—Howie Harry H., Building Commissioner, bond of............ 258 Oct. 2—Hay C. F., requesting an extension of time to comply with the requirements of condemnation resolution 269 " 2—Hanten Joseph W. and Virginia, granted Class "B" beer permit................................................................................. 275 Nov. 6—Hail George, granted Class "B" beer permit ................... 297 1127—Heim. Joe P., notice of claim ............................................ 302 Dec. 4—Hense Mary E., original notice of suit ............................... 307 " 29—Howe Celia, requesting suspension of the 1937 and 1938 taxes on Lot 17 in Yates Sub ......................................... 327 INDEX—Book 69 1939 SUBJECT Page Jan. 3—Iowa State Highway Commission, proposed plans for the relocation and improving of the extension of Pri- " 16—Iowa maryRoad No. U. S. 20 .................................................... State Federation of Labor, advising Council that 6-7-218 they are recommending and asking the abolishment of Class "C" permits as contained in the State Beer Feb. 27—International Law.............................................................................. . Association of Machinists relative to the 8 employing of Dubuque labor before bringing in out- Mar. 15 --Interstate side labor ................................... . . Power Company, requesting the Council to 35........................................ withhold action on the Manager's electric rate schedule and give consideration to the schedule sub- mitted by them .............. 66 15—International Brotherhood of Electrical Workers Local No. 263, requesting the Council to deal fairly with " the problem of establishing electric rates .................... 67 15—Interstate Power Company, fixing rates for the various April 4—Independent classes of electrical service..................70-90-92-93-94-95-96-97-98-99 Engineering Firm to be employed to test the efficiency of the Pumping Unit after the same is installed and before its acceptance and payment by City of Dubuque May 16—Iowa ............................................................ Society of Certified Public Accountants, relative to 114 Cities being permitted to employ practicing regis- tered accountants to make their audits instead of the Auditor of State if they so desire June 5—Iowa .............. I............. Children's Home Society, Des Moines, Iowa, re- 139 " 5—Industrial questing permission to hold a tag day ........................ Subdivision Block F and Lots 1 156-218 " 22—Iowa and 4 of Block E set aside for playground purposes ................ State Highway Commission, 160 advising that the mat- ter of planting shrubbery on Lot 1 of 1 of 1 of 30—Iowa Mineral Lot 12 will be taken care of in the fall.... State Highway Commission, 169 supplemental agree- ment covering special maintenance on primary road Aug. 30—Iowa extensions within the' City of Dubuque................189-205-206-207 Association of Chiefs of Police extending invita- tion for the Chief of Police to attend " 30—International convention........ City Managers' Association extending in- 232 vitation to the Mayor and City Council to attend Nov. 27—Interstate convention.......................................... Power Company, requestingpermission to 232 erect structures across the alley at the K etz Cafe- teria and also at the Dubuque Medical Association for the purposes of mounting wires and trans- formers " 27—I1uprovement .................................. ................... 302-313-314-318-319-320-321 Fund, resolution and application for " au- thority to transfer the sum of $13,804.54 from the Emergency Fund to said Improvement 27—Improvement Fund............ Fund, resolution and application for au- thority to transfer the 304-307 sum of $20,000.00 from the Water Works General Fund to said Improvement Fund..................................... 19—Irwin ............................................... Ray, granted cigarette Permit ..................................... 325 INDEX—Book 69 1939 SUBJECT Page J Jan. 30—Jacobsen W. S., United States Congressman, acknow- ledging recipt of Resolution No. 22-39 _.......... ..... 1s " 30—Jaeger F. M., sign policy .............. _.... _....... 19 " 30—Juergens John J. & Sons, sign policy ................................ 19 Feb. 27—Jones William L. and William C. Brown, owners of Lots 33 and 35 of Grandview Heights, requesting the va- cation of the unnamed street on which said lots abut from Plymouth Street southerly to the end of street........................................................................ ....35-104-110-123 " 27—Jansen Mrs. Lucille, granted Class "B" beer permit.... 39 Mar. 23—Jacobsen W. S., United States Congressman, advising that he will do all in his power to secure an appro- priation so that the Dubuque Memorial Auditorium may be taken care of .......................................................... 86 May 16—Jordan W. J., excavation bond ............................................... 145 June 22—Jacquinot Harry J., granted cigarette permit .................... 174 " 30—Joseph Mrs. N. B., granted cigarette permit ................ 193 Oct. 2—Jassman J. H., granted Class "B" beer permit ........... .... 275 INDEX—Book 69 1939 SUBJECT Page B. J., calling the attention of the City Council K Jan. 3—K -M Construction Company, requesting a permit to use Road between Railroad Avenue and Grandview powder for excavation work at the Bryant and Mar- Avenue................................................................ . .............. shallSchools........................................................................ 2 " 16—Kies Leona, settlement of claim ............................................ lb " if— Kerper John A., reappointed as a member of the Dock Company ........................... Board term expiring November 26th, 1941 .................. 16 „ 30—Kies Drug Store, sign policy .................................................. 19 " 30—Kalmes Milton, sign policy ...................................................... 19 Feb. 6—Key City Gas Company, excavation bond .......................... 27 " 27—Kuehnle Edwin C., City of Dubuque and Dubuque Coun- ty Treasurer, notice of condemnation by Iowa State Highway Commission of Lot 25 in Sisters' Ad- " 22—Klauer dition...................................................................................... 34 " 27—Kluck Earl, granted Class "B" beer permit .................... 39 Mar. 15—Key City Gas Co., submitting report of the Company's 173 .................... 22—Koleopoulos Steve, granted cigarette permit .................. " 22—Klauer-Julien Hotel Co., operations for the calendar year 1938 .................... 66 " 15—Kretschmer-Tredway Co., requesting permission to 22—Koleopulos " 22—Kanavas Steve, granted Class "B" beer permit............ Geo., "B" maintain their loading platform and also requesting " 22—Klauer-Julien granted Class beer permit .............. Hotel Co., granted Class "B" beer permission to erect a roof over said platform 66-90-101-102 .... 23—Kolf Mrs. Anna, suspension of 1938 taxes ...................... " 87 249 30—Kennedy P. R., requesting a refund on his cigarette 193 30—Keller license as he has discontinued the sale of cigarettes 103 30—Kuehnle Louis H., suspension of 1938 taxes .................. 103-249 30—Kramer B. J., calling the attention of the City Council to the necessity of a sidewalk on the Rockdale Road between Railroad Avenue and Grandview Avenue................................................................ . .............. 103 May 1—Kretschmer . Insurance Agency, relative to the proposed City Play Ground adjacent to Maizewood Insulation Company ........................... 125 16—Klinkhamer Mrs. Mary, suspension of 1938 taxes............ 139-249 June 5—Kormann Norman J., appointed as a member of Con- „ 5—Krajewski demnation Committee ............. .........159-173-202 C. I., a e .. appointed as a member of Condemna- " 22—Kemler tion Committee ................................. .........159-173-202 J. E., requesting reductions on assessments levied against the East 100 feet of the North 88 feet of Lot 783 of A. McDaniel's Sub. and City Lots 281 and 282 as she is desirous of handling the " 22—Klauer re- demption of tax sales ...................................................... Julien Hotel Co., condemnation proceedings on 168-190 " 22—Kane buildings located on City Lot 195.. 72 241265-270-278-291 Allen, bond of ....................... " 22—Kari „ an Andrew, t ....rmi .................... g' granted cigarette permit 173 .................... 22—Koleopoulos Steve, granted cigarette permit .................. " 22—Klauer-Julien Hotel Co., 175 175 " 22—Karigan " granted cigarette permit............ Andrew D., granted Class "B" beer permit........ 175 22—Koleopulos " 22—Kanavas Steve, granted Class "B" beer permit............ Geo., "B" 176.177 176-177 " 22—Klauer-Julien granted Class beer permit .............. Hotel Co., granted Class "B" beer 176-177 permit 30—Kretz E. P., granted cigarette permit " 176-177 30—Kies " .................................... Theodore T., granted cigarette permit 193 30—Keller ................... Mae and Ruth Keller Motz, granted cigarette 193 permit .................................................................................... " 30—Kruse " Geo. C., granted cigarette 193 30—Kirkpatrick Mrs. Anna, granted Class beer 193 30—King, permit Mrs. Lois H., granted Class "B" beer p 194 30—Klein Frank and Anna, granted Class "B" beer 194 July 5—Kuehnle Permit Edwin C., requesting a refund of the interest and penalties due on special 194 " assessments for Lot 25 of Sisters' Addition 5—Kalmes .............. Milton J., granted cigarette permit 198.223 ......................:: 204 INDEX—Book 69 1939 SUBJECT Page i� " 20—Kretschmer W. M., requesting that the Southeasterly 93 feet of Lot 5 of Fengler's Add. be rezoned as a business district................................................................ 205-222 Aug. 7—Kemler J. E., calling Council attention to the condition of West Third Street near College Street ................ 218-273 " 7—Kanavas Mrs. George, claim for personal injuries............ 218 " 7—Knights of Columbus, granted Class "B" beer permit.... 227 " 7—Kale Mrs. Theo., complaining about outside closet on the premises of Leo Houpes............................................ 230-252 Sept. 5—Kuehnle Ed C., requesting a refund of penalties on re- demption of tax sale certificate on Lots 1 and 2 of Lot 25 Sisters' Add .......................................................... 240-293 " 5—Krajewski C. I., bill in the amount of $65.00 allowed for services as a member of Condemnation Committee 247 " 5—Kormann Norman J., bill in the amount of $65.00 al- lowed for services as a member of Condemnation Committee............................................................................ 247 " 5—Kirk Mrs Louise, suspension of 1938 taxes ...................... 249 " 5—Kennedy Patrick R. and Minnie, granted Class "B" beer permit.................................................................................... 250 Nov. 6—Kempter Mrs. Lyle, claim for injuries received by her daughter................................................................................ 289 " 6—Kretz E. P., requesting permission to erect a canopy over the sidewalk on the Main Street entrance of the building located at Southeast corner of Main and West Sixth Street ............................................290-306-308-309 " 6—Kemler J. E., requesting reductions on the assessments levied against the North lac of Lot 4 of O'Hare's Sub. for the paving of Grace Street and for West Dubuque Sanitary Sewer ................................................ 290-311 " 6—Kuehnle Edwin C., requesting a refund of total amount of penalties due on special assessments against Lots 11-13-14 of 6-7-8-9 of Quigley's Sub. 157 and for Lot 8 of O'Neill's Sub. No. 3 ................................290-310-311 " 6—Kalmes Milton J., granted Class "B" beer permit........ 297 " 6—Kanavas Mrs. Kathryn, claim for personal injuries 300 " 27—Kretschmer Insurance Company, requesting release of the Excavation Bond of George F. Pinski.................. 302 " 27—Kemler Julia E., suspension of 1938 taxes on the North % of I.ot 4 of O'Hare's Subdivision ..........................302-303-313 Dec. 4—Kress Peter J., granted Class "B" beer permit............ 312-313 INDEX—Book 69 1939 SUBJECT Page L Jan. 16—LeVan Archie, excavation bond ........................................... 12 " 30—Link Mrs. Dorothea, reporting that she fell on an icy sidewalk in front of Smith Meat Market on Hill Street...................................................................... 17 " 30—Ludescher J. J. & Son, et al, requesting that the parking limits be extended on Eighth Avenue to the inter- section of Hill Street and Julien Avenue ................ 18-27-36-37 " 30—Loepp David F., Mayor of Sioux City, Ia., extending in- vitation to Fire Chief Ryan to attend the 50th anni- versary celebration of Fire Chief Kellogg ................. 18 " 30—Leath & Company, sign policy ........................................... 19 Feb. 6—Ladies of the Grand Army of the Republic, Shiloh Circle, No. 37, requesting permission to hold a tag day on " April 8, 1939 ............................. .... ..................................... 2 7 6—Lee " James F. Paving Co., bill for asphalt sand........... 27-104 6—Lundbeck " John J. and H. L., suspension of 1938 taxes ... 27-249 6—Lundbeck Catherine, suspension of 1938 taxes .............. 27-249 Mar. 6—Link " Mrs. Dorothea, notice of claim .................................. 43-69 15—Librarian of Public Library submitting deed of the Nagle property................................................................. . 66-90 Apr. 3—Lee Alvin and Joseph Walsh, granted Class `B" beer May 1—License permit..................................................... ......... granted by Chicago, Milwaukee, St. Paul and 111-112 Pacific Railroad Company for permission to install and maintain a sewer underneath their right of way " and tracks at Eagle Point Water Pumping Station 124-153 16—License granted by Chicago, Milwaukee, St. Paul and Pacific Railroad Company covering. electric line or cable on Milwaukee right of way and tracks near " the City Water Works ...................................................... 139-153 16—Lavery Margaret, suit for personal injuries, City So- licitor Nelson recommending that the matter be referred to the City Manager for investigation and report as to the advisability of employing special " counsel counsel to act in the matter ........................................ 146-258 22 Fund, resolution and application for authority to transfer the sum of $602.08 from said fund to the Library Building Fund June 5—Librarian ........... of Carnegie -Stout Free Public Library, 151-156 annual report for year ending March 31, 1939 5—Lee .................... Alvin, condemnation proceedings on buildings located on Lots 8, 9 and 10 of Sub. 159 68 of Min. Lot 5—Link .............................................. .......159-170-181-198-199-206 Leo and Bernice, granted Class 'B" beer permit 22—Lagen C. P. and Eugenie Lagen, Louis J. Lagen and Ad- 160-161 ministrator's Deed of M. H. Czizek for Estate of Joseph T. Lagen, together with Abstract of Title, Warranty Deeds conveying the South Middle 32 feet of City Lot 658 to the City of Dubuque for use of Carnegie -Stout Library " 22—Lawther ................ •• 167-208-209-210 Wm., condemnation proceedings on buildings located on City Lot 193 " 22—Leak „ 22—Lemper ....................... . William C., • .172-241-...... 0-276-291 granted cigarette permit ..................... 176 Henry and Lillian, granted Class `B" beer per- mit....................... 30—Leiser ...................................... . . Emil and Hugh J. Kress, permit granted cigarette ............................................................................. 176-177 30—Ludwig " 30—Leiser M. J., granted cigarette permit 193 .................... • Emil and Hugh J. Kress, beer permit granted Class "B" 193 ......................................... I...... 194 IN DEX— Book 69 1939 SUBJECT Page L Aug. 7—League of Iowa Municipalities extending invitation to attend the annual convention to be held at Cedar " Rapids.................................................................................... 218 " 7—Ludescher Barney, requesting that the alley in the rear of Lot 89 of Belmont Addition be repaired............ 218 " 30—Lange Mrs. Bertha, requesting the remission of the penalties paid on special assessments levied against Lot 5 of Jansen's Sub. No. 3 ........................................ 232-248 Sept. 5—Loyal Order of Moose, granted Class "B" beer permit 250 Oct. 2—Link Mr. and Mrs. Adam, et al, requesting the rerouting of the Grandview Avenue Bus over the entire length of Algona Street from Fourteenth Street to High- wayNo. 20.......................................................................... 271-294 " 2—Link Leo, granted cigarette permit ................................... 273 Nov. 6—Leonard Mrs. Frank E., suspension of 1938 taxes........ 291-298 Dec. 19—Loras College, granted cigarette permit ............................ 325 4., W R INDEX—Book 69 1939 SUBJECT Page Mc Jan. 16—McCarten H. B., excavation bond ........................................ 12 " 30—McDonald John Jr., objecting to the specifications under which bids were received for the installation of a new pumping unit at Eagle Point Pumping Station 17 " 30—McKenna E. T., claim for personal injuries ...................... 17-129 Feb. 27—McCaffrey Miss Nan, notice of claim ................................. 33-179 " 27—McKay Richard V., reappointed as a member of Plan- ning and Zoning Commission .......................................... 38 Mar. 30—McKay Richard V., accepting with thanks his reap- pointment as a member of the Planning and Zon- ingCommission.................................................................. 102 April 3—McDonald A. Y. Mfg. Co., relative to bids received by the City of Dubuque for pumping unit Contract 3 P. W. A. Docket 1684-F .......................................... 108-114 June 22—McDonald Daniel, granted cigarette permit ....................... 175 " 22—McFarlane Robert, granted cigarette permit ...................... 175 , " 22—McLaughlin Frank and Anna S., granted Class "B" beerpermit.......................................................................... 176-177 " 22—McDonald Daniel and Loretta, granted Class "B" beer permit.................................................................................... 176-177 " 30—McCann Eugene, granted cigarette permit ...................... 193 Aug. 7—McDermott Carl J., granted Class "B" beer permit........ 227 Sept. 8—McGloughlin James F., awarded garbage contract ........ 255-256-257 Oct. 2—McCann Eugene P., granted Class "B" beer permit........ 275 11 6—McCarthy C. J., Harbor and Market Master, bond of.... 284 Dec. 19—McLaughlin Frank and Anna, granted cigarette permit 325 87 INDEX—Book 69 1939 SUBJECT Page Jan. 16—Miner Harry E., requesting cancellation of penalties on the special assessments levied against Lot 3 of Jansen's Sub. No. 2, and Lot 2 of Jansen's Sub. No. 3 ................................................... ............................... 8 " 30—Maher Jos. E., reporting that he fell on a defective side- walk at 1421 Mt. Pleasant Street ................... ............ 17 " 30—Mi-Lady Beauty Salon, sign policy .................... .............. 19 Feb. 27—Murphy Patricia Ann, by William Murphy her next friend, notice of suit ............... ............................ ...... 34 " 27—Millworkers Local 1646, relative to the hiring of Du- buque labor before bringing in outside labor............ 35 " 27—Mullen Bros. Co., sign bond ................ ........................... 37 " 27—Midwest Lumber Co., relative to purchase of Lot 29 of O'Neill's Riverview from the City of Dubuque...... 38 " 27—Mathis Arnold, granted Class "B" beer permit .................. 39 Mar. 7—Murphy Councilman, appointed Mayor Pro -Tem of the meeting.................................................................................. 50 " 23—Marshall Jackson M., entering a verbal objection to the granting of the petition of Dubuque Packing Company and also objecting to the erection of gates and the use of streets and alley by the Dubuque Packing Company without Council permission........ 89 " 23—Melchior, Harlan G., submitting application for appoint- ment as a member of Board of Review . ... .... ..... _...... 85 " 23—Maizewood Insuiation Company, requesting a clarifi- cation and understanding as to use of materials heretofore furnished and maintained under the "Demand Charge" clause in the present electric rates.................................................................................... 86 " 30—Manly J. W., State Representative, advising of receipt of resolution relative to the housing and slum clear- ance enabling act............................................................. 104 April 3—Murphy Councilman, elected Mayor for ensuing year.... 107 " 3—Marshall Robert P., City Auditor, bond of ........................ 111 " 12—Machinek Emil, suspension of 1938 taxes ........................ 116-259 May 1—Maher Jos. E., notice of claim ................ ............................ 1'24-146-147 " 1—Meyer Martin and Vernon, granted Class "B" beer per- mit........................................................................................ 127 " 22—Memorial Day Parade, Mayor and members of the City Council invited to take part in said parade.... 148 June 22—Mauer Mrs. Carl, notice of claim ........................................ 167-299 " 22—Maury Katherine, et al, condemnation proceedings on buildings located on Lot 7 Central Add ..................... 172 " 22—Meyer Paul J., granted cigarette permit ....................... 174 " 22—Miller George, granted cigarette permit ............................ 175 " 22—Megonigle Paul and J. B., granted cigarette permit...... 175 " 22—Maas William and Morris Blum, granted cigarette per- mit......................................................................................... 175 " 22—Mayerle John S. and Florence, granted Class "B" beer permit................................................................................ 176-177 " 22—Machinek Joseph J., granted Class "B" beer permit........ 176-179 " 22—Megonigle Paul and J. B., granted Class "B" beer per- mit.......................................................................................... 176-177 " 22—Mengis Walter and Mathilda, granted Class "B" beer permit.................................................................................... 176-177 " 30—Manders Henry and John, granted cigarette permit........ 193 " 30—Meyers Kermit and Thomas Lilly, granted cigarette permit.................................................................................... 193 " 30—Moes Carl J. and Anton, granted Class "B" beer permit 194-195 " 30—Meyer Albert M., granted Class "B" beer permit........ 194-195 " 30—Manders Alfred, granted Class "C" beer permit........ 194-195 INDEX—Book 69 1939 SUBJECT Page TT July 5—Mathis Frank, condemnation proceedings on buildings located on Lots 10 and 11 of Sub. of Min. Lot 68.... 193 Aug. 7—Mihalakis Philip, transfer of address of Class "B" beerpermit.......................................................................... 227 " 7—Miller Wm. C., granted Class "B" beer permit ............. 227 " 7—Mihalakis Philip, granted Class "B" beer permit........ 227 Sept. 5—Miliworkers Local Union 1646, requesting permission for the holding of a carnival ................................... ............... 240 " 15—Mississippi Valley Association, extending invitation to Mayor and City Council to attend annual meeting to be held in St. Louis, Missouri ................................ 257 " 15—Miller Mrs. Katie A., suspension of 1938 taxes .................. 257-276 Oct. 2—Melssen Hubert and Veronica, granted Class "B" beer permit.................................................................................... 275 Nov. 6—Mettel Realty & Investors Company, Property Manage- ment Brokers, Home Owners' Loan Corporation, re- questing the rezoning of the property known as Lot 2 of 1 of 8 of Min. Lot 158 .......................................... 289-294 " 6—Maizewood Insulation Company, requesting redress from the existing condition of Charter Street and also requesting that a street light be placed at the intersection of Main and Charter Streets........ 289 " 6—Morris Donald, claim for damages to airplane ................ 299 " 27—Midwest Lumber Company, requesting the waiving of the penalties and extra interest charges on the re- demption of Lots 4, 5 and 6 of Grandview Heights Addition................................................................................ 302.312 " 27—Mayerle John S. and Florence, transfer of address of Class „B„ beer permit ...................................................... 304.313 Dec. 19—Machinek Joe, granted cigarette permit .............................. 325 INDEX—Book 69 1939 SUBJECT Page I Feb. 27—Nesler & Buechel, excavation bond ................................... 37 Mar. 15—Nagle Margaret, Executrix of the Estate of J. J. Nagle, submitting deed of the Northerly 17 ft. 2 in. of City Lot 658 and South 16 ft. of East % of City Lot 659 for the use of Carnegie -Stout Pub- lic Library ........................................... _ ._ _ ....._........ 66-90 April 3—Nelson Al. J., City Solicitor, bond of .. ..._.... _...... .... 111 " 12—Nelson F. A., granted Class "B" beer permit ............. 120 June 22—Norton P. J. and Minnie, condemnation proceedings on buildings located on City Lot 238....172-242-262-263-270-280-292 22—Nardin Geo., granted cigarette permit ................................ 174 " 22—Norton Arthur and Adele, granted Class "B" beer permit 176-177 " 30—Norris Mrs. Rose, requesting that Lot 7 of Sub. of City Lot 598 at No. 637 Dodge Street be rezoned from a residential district to a business district _. 186-221 " 30—Nicks Ray and Fred Herber, granted cigarette permit 193 Aug. 7—Nagle Margaret, Executrix of Estate of J. J. Nagle, requesting that the City Treasurer be authorized to make refunds of penalties and interest on special assessments as set out on attached list ................ 219-248 " 7—Nagle Margaret, Executrix, requesting the cancellation or at least a compromise of the special assessment levied against the Westerly 116 feet of Lot 2 of Lot 703 for the construction of sewer in Wilbur Street........................ ........................ ............. ...................... 219-258-259 " 7—Norton Arthur and Adele, transfer of address of Class "B„ beer permit................................................................ 227 Sept. 5—Nardin George, granted Class "B" beer permit ................. 250 1115—Nelson Mrs. Ruth, notice of claim ....................................... 257 Oct. 2—Nagle J. J. Estate, by John A. Nagle, requesting the issuance of a warrant in the amount of $632.30 for canceled interest and penalties paid on delin- quent special assessments..........................................1 272 Nov. 6—Nicks Ray and Fred Herber, granted Class "B" beer permit................................................................................... 297 Dec. 18—Nelson Al. J., City Solicitor, resolution upon his death 316 NDEX—Book 69 19:19 S1' R.J EfTf• Page .Jan. 3 --Ordinance No. 1-39, an Ordinance amending Ordinance No. 10-37 entitled: "An Ordinance regulating the use of vehicles upon the streets of the City of Du- buque; designating the provisions hereof as the 'Traffic Code' of said City.".. " 16- O'Brien Mrs. Margaret, approval of transfer of Class "B" beer permit ......... .... ..... ...................._ _ 15-23 Feb. r; -Ordinance No. 2-39. An Ordinance granting the Grand Opera House, Inc., owner, its heirs and assigns the right to construct and maintain a canopy in front ofStrand Theatre ........ .......................... .... ..... _._.___ ....... 31-35-36 2; Ordinance No. 3-39. An Ordinance amending and chang- ing the Zoning Ordinance by changing from "Single - Family Residence District" to "Two -Family Resi- dence District" the South five feet of Lot 7 and all of Lots 8, 9, and 10, all in Block 3 in Grandview Park Addition ............................. .............. _.... ......._ _ 33.43-44 " 27—Ordinance No. 4-39. An Ordinance granting E. E. Frith Company, Inc., the right to lay, construct and main- tain a 10 -inch sewer in Eighteenth Street to connect with B -Branch Sewer ... .. ____.... ____.......... 40-44 " 27—Osweiler Van Service, claim for damages to their truck caused in striking an overhanging limb of tree on Merz Street denied ............................. ..... ........ __....... 40 Mar. r, Ordinance No. 5-39. An Ordinance amending Ordinance No. 1-39 entitled "An Ordinance Amending Ordi- nance No. 10-37 entitled "An Ordinance regulating use of vehicles upon the streets of the City of Du- buque; designating the provisions hereof as the "Traffic Code" of said City ....................................._..._ 47-67.63 Mar. F,—Ordinance No. 6-39. An Ordinance amending Ordi- nance 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" of said City ................................... 47-67-68 " 1.5 - Ordinance No. 7.39. An Ordinance fixing and establish- ing rates to be charged for the furnishing of elec- tricity for residential, commercial, street lighting, power and other uses and purposes within the City of Dubuque, Iowa................................70-90-91-92-93-94-95-96-97-98-99 " 23—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 ..............................................84 -99-100-101 " 23—Osweiler Van Service, requesting that their claim for damages, received by their truck in striking a tree on Merz Street, be reconsidered by the City Council 85-155 Mar. 23—Ordinance No. 9-39. An Ordinance granting to Kretsch- mer•Tredway Company the right to construct and maintain an unloading platform and canopy over the same, on Washington Street .................................... 90.101-102 April 3—Officers appointed by City Council ........................................ " 10? 3—Officers and employees appointed by City Manager...... " 107 3—Ordinance No. 10-39. An Ordinance repealing an Ordi- nance entitled: "Ordinance No. 76. An Ordinance to prevent pawnbrokers, junk dealers and second- hand dealers from purchasing or receiving from minors any property without the written consent of their parents or guardian and providing for the enforcement thereof," and declaring an emergency 109-116 3—Ordinance No. 11-39. An Ordinance amending Ordi- nance No. 3-38 entitled: "An Ordinance requiring I NDEX—Book 69 1939 SUBJECT Page O pawn brokers, junk dealers, and dealers in second- hand goods to give notice of the purchase or re- ceipt of mechanics' tools and equipment; prohibit- ing the purchase by pawn brokers, junk dealers and dealers in second-hand goods of any property from minors; prescribing a penalty for violation hereof and declaring an emergency," by repealing Para- graph 644, Section 2, relating to the purchase or receipt of property from minors, and enacting in substitute therefor and declaring an emergency 109-116-117 3—Ordinance No. 12-39. An Ordinance providing for the keeping of records of the purchase of personal prop- erty by pawn brokers, junk dealers and second-hand dealers of personal property from any minors under the age of 18 years; or from minor over the age of 18 without the written consent of the parent or guardian of said minor; prescribing a penalty for violation thereof; defining the terms used herein; and declaring an emergency............................................110-117-118 3—O'Leary Daniel J., Plumbing Inspector, bond of .................. 111 " 12—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................... ............................................................. 120-125-126 May 1—Ordinance No. 14-39. An Ordinance amending Ordi- nance No. 9-39. An ordinance granting Kretschmer- Tredway Company the right to construct and main- tain an unloading platform and canopy over the same in Washington Street..............................................128-139-140 1—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 substi- tute in lieu thereof............................................................128-140-141 1—Ordinance No. 16-39. An ordinance amending an ordi- nance entitled: "Ordinance 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 therof "city clerk;" and by striking from line 4 of Paragraph 43, Section 5 of said ordinance, the word "recorder," and in- serting in lieu thereof the words "city clerk ............... 131-141 1—Ordinance No. 17-39. An ordinance amending an ordi- nance entitled: "Ordinance No. 82. An ordinance prescribing the manner of keeping the official rec- ord 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, Sec- tion 4, the word "recorder" wherever the same may appear in said paragraphs and sections, and insert- ing in lieu thereof the words "city clerk... .................... 131-142 1—Ordinance No. 18-39. An ordinance amending an ordi- nance entitled: "Ordinance 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 INDEX—Book 69 1939 SUBJECT Page O 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 the words "city clerk." 1—Ordinance No. 19-39. An ordinance amending an ordi- nance entitled: "Ordinance 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." ........................... 1—Ordinance No. 20-39. An ordinance amending an ordi. nance entitled: "Ordinance No. 79. An ordinance establishing the City Seal," by striking from Para- graph 627, Section 2 of said ordinance No. 79, wher- ever the same may appear, the word "recorder" and inserting in lieu thereof the words "City Clerk." 1 --Ordinance No. 21-39. An ordinance repealing Paragraph 638, Section 3, of an ordinance entitled: "Ordinance No. 83. An ordinance relating to the personal prop- erty of the City," said ordinance being Ordinance No. 83 of the Revised Ordinances of the City of Du- buqueof 1919........................................................................ 16—O'Brien Mrs. Margaret, transfer of address of Class "B" beerpermit.......................................................................... 22—Ordinance No. 22-39. An ordinance amending an ordi- nance entitled: "Ordinance No. 27 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 Dubuque, and dedicating the same as a public park for the uses and benefit of said city and the inhabitants thereof forever," by striking certain parts of the title of said ordinance and by repealing Paragraph 119, Section 2 and Para- graph 120, Section 3 of said ordinance ........................ .Tune 5—Ordinance No. 23-39. An ordinance repealing an ordi- nance entitled: "Ordinance No. 24. An ordinance relating to the appointment of the Levee Improve- ment Commission of the City and defining its duties and powers." ......... 5—Ordinance No. 24-39. An ordinance repealing an ordi- nance entitled: "Ordinance No. 23. An ordinance relating to the appointment of the Bathing Beach Commission, defining its duties and powers, and pro- viding for the management of the public bathing beach or beaches" 131-142-143 131-1.43 132-143-144 132-141 146-161 152-157 164.169 22—O'Regan Timothy, . ...... ..g ..........................................164-169-170 „ y, granted cigarette permit ........................ 22—O'Regan Timothy, granted Class "B" beer permit............ 22—Okey Vern, transfer of address of Class "B" 175 176-177 permit...... 22—Ordinance No. 25-39. An ordinance prohibiting 176-177 weeds and noxious growths upon lots and parcels of land within the limits of the City of Dubuque, providing for the destruction of the same and punishing the- 22—Ordinance)on No.hereof 26-39. An ordinance repealing an ordi- nance entitled: "Ordinance No. 21. An ordinance „ governing contested elections and tie votes."........ 22—Ordinance No. 27-39. An ordinance repealing 178-187 an ordi- nance entitled No. 19. An Ordinance appointing a harbor master and defining his duties and powers and regulating public landings and wharfage.......... 22—Ordinance No. 28-39. An ordinance repealing 179-187 an ordi- nance entitled: "Ordinance No. 67. An ordinance NDEX—Book 69 1939 5 U i m r, c' T Page O providing for the Licensing and Regulation of Ferry Boats, Liveries, and Landings, and prescribing a penalty for the violation hereof... ........................... 179-188 22—Ordinance No. 29-39. An ordinance amending an ordi- nance 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 29 ....................................... 180.188-189 " 30—Ott Joseph J., granted cigarette permit ...... ..... ............ 193 July 5—O'Shea Patrick, condemnation proceedings on barn and outbuildings located on Lot 1 of Min. Lot 145......................................................................201-244-263-271-281-292 5—O'Neill's Riverview Lot 29, sale of said lot to Geraldine O. Harms.............................................................................. 202 Aug. 7—O'Brien John, application for Class "C" beer permit denied................................................................................... 227 " 30—O'Donnell T. J., Plaintiff, notice of levy and sale to Birdena E. Bush, City of Dubuque, et al, upon Lot 1 Pinehurst Sub................................................................. 232 " 30—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 and across the alley to the building upon the lot on the East side of said alley........................................................................237-253-254 Oct. 2—O'Brien John, requesting permission to repair building located on Lot 10 of Central Addition .................... 269 Nov. 6—Okey Vern, transfer of address of Class "B" beer permit 297 " 27—Ordinance No. 31-39. An ordinance granting 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 City Lot 20 ........................................306-308-309 Dec. 4—Okey Vern, granted Class "B" beer permit ........................ 312-313 4—Ordinance No. 32-39. An ordinance granting to In- terstate Power Company of Dubuque, Iowa, its suc- cessors and assigns, the right to construct and maintain a truss or trusses across the alley between Twelfth and Thirteenth Streets and Main and Iowa Streets 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 the South two-fifths of City Lot 465 ........................ .......... .............................. 313.314-31.8-319 4—Ordinance No. 33-39. An ordinance granting to In- terstate Power Company of Dubuque, Iowa, its successors and assigns, the right to construct and maintain a truss or trusses across the alley be- tween Fifth and Sixth Streets and Main and Iowa Streets abutting the North 37 feet 11 inches of City Lot20 ................ ...... ............................................ .................. 314-320-321 " 4—Ordinance No. 34-39. An ordinance granting to Marion J. Ryder and Isabel M. Ryder, owners, their heirs and assigns the rgiht to construct and maintain an areaway in West Third Street adjacent to and abutting City Lot 72A ............... ........... .... .314-321-322 19—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," certain defined property now delimited as "Single- INDEX—Book 69 1939 SUBJECT Page O Family Residence District," as petitioned for by Joseph P. Simones, et al, in which petition they request the rezoning of property abutting on Kirk- wood Street .................... 325 19—Ordinance No. 36-39. An ordinance establishing a grade on Salina Street from Railroad Street to Dodge Street ......................................... 19—Ordinance No. 37-39. An ordinance establishing a grade 32G on Camp Street from Main Street to Salina Street 326 19—Ordinance No. 38-39. An ordinance establishing a grade on Charter Street from Main Street to Salina Street 326 INDEX—Book 69 1939 SLil1J ECT Page Jan. 3—Pinger Carl J. and C. W. Petry, granted Class "B" beerpermit......................................................................... 3 " 3—Planning and Zoning Commission, recommendation ap- proving plan submitted on proposed relocation of U. S. Highway No. 20 .................................................... 6 " 3—Primary Road No. U. S. 20, relocation and Improve- mentof same............................................................... ... 6.7 " 16—Place A. M., Receiver of the Consolidated National Bank, requesting that the single family restrictions be removed on Lots 8, 9, 10 and South 5 feet of Lot 7 all in Block 3 in Grandview Park. 8-25-26-30-31-33-43-44 " 16—Payrolls for month of December, 1938., ......... .... ................. 12 " 30—Pittsburgh Plate Glass Co., sign policy ......................... 19 " 30—Primary Road Extensions, maintenance of same to be performed by State Highway Commission........ 23-24 " 30—Planning and Zoning Commission, recommendation on petition of George and Emil Bock .............................. 25 " 30—Planning and Zoning Commission, recommendation on petition of A. M. Place, receiver for the Consolidat- edNational Bank............................................................. 25 Feb. 6—Playground and Recreation Commission, requesting the Council to authorize the use of Block F in In- dustrial Subdivision for playground purposes .......... . 27 " 27—Payrolls for month of January, 1939 ................................ 37 Mar. 6—Pieffer William H., granted cigarette permit .................. 45 " 15—Porter C. Fred, Acting State Comptroller, approval of resolution and application for transfer of $6,269.70 from the Emergency Fund to the General and Main SewerFunds........................................................................ 67 " 15—Payrolls for month of February, 1939 .................................. 69 " 23—Police Department, City Manager authorized to pur- chase a car for said department ................................... 91 " 30—Planning and Zoning Commission, recommendation on petition of William C. Brown and William L. Jones requesting the vacation of the unnamed street in Grandview Heights from Plymouth Street south- erly to end of street........................................................ 104 April 3—Pautvein M. J., requesting that action be taken at once to stop the water from draining onto his pro- perty from the alley in the rear of 770 Angella Street.................................................................................... 110 " 12—Payrolls for month of March, 1939 ........................................ 120 May 1—Perfection Oil Company, requesting permission to erect curb pumps at their property located at the inter- section of Rhomberg and Lincoln Avenues........... 124-137-145 " 16—Peosta Channel Industrial Development, Dock Board authorized to acquire the land required and to institute condemnation proceedings if necessary to obtainthe same............................................................... 137 " 16—Payrolls for month of April, 1939 ............ ................. . 146 June 5—Perfection Oil Company, requesting the vacation of a four foot strip on both the south and east sides of their property line at the intersection of Rhomberg and Lincoln Avenues in order to erect gasoline curbpumps.......................................................................... 155 " 5—Porter C. Fred, State Comptroller, approval of resolu- tion and application for transfer of the sum of $602.08 from the Library Fund to the Library Build- ingFund................................................................................ 156 " 5—Playground purposes, Block F and Lots 1 and 4 of Block E of Industrial Subdivision set aside for such purposes............................................................................... 160 4 NDEX—Book 69 1939 SUBJECT Page P " 22—Playground and Recreation Commission certifying the amount of $17,024.00 as the amount necessary for the operation of the Playground and Recreation Commission for the fiscal year beginning April 1, 1940 and ending March 31, 1941 .................................. 168 " 22—Paar Joseph Estate, condemnation proceedings on build- ings located on Lot 9 Central Add ............................... 172 " 22—Payrolls for month of May, 1939 ............................................ 174 " 22—Poquette Millard, granted cigarette permit ................... 175 " 22—Potterveld Wm. T., granted cigarette permit ................ 175 " 22—Page, Karl, granted cigarette permit ................................. 175 " 22—Petrakis Peter, granted cigarette permit ............................ 175 " 22—Poquette Millard and Lucille, granted Class "B" beer permit.................................................................................... 175-177 " 22—Page Karl, granted Class "B" beer permit .................... 176-177 " 22—Plats showing the Subdivisions of Lot No. 1 of 1 of 1 of 1 of Mineral Lot 305A and Lot No. 1 of 1 of 1 of 1 of 1 of Mineral Lot 305A, Eagle Point Park, ap- proval of said plats ......................... .... 178 " 30—Porter C. Fred, State Comptroller, approval of resolu- tion and application for authority to levy an emer- " 30—Planning gencytax ...................... .............. ....... and Zoning Commission recommendation on 184 the petition of Mr. John Wieser and Mrs. Charlotte Shambaugh.......................................................................... 189 " 30—Peryon Albert G., granted cigarette permit ..................... 193 " 30—Petrakis Charles, granted cigarette permit ...................... 193 " 30—Pochter " Charles, granted cigarette permit .......................... 193 30—Pfeffer " William H., granted cigarette permit .................... 193 30—Pins " Arthur W., granted cigarette permit ........................ 193 30—Palmer Norman and Roy McLean, granted cigarette " 30 Permit Permit............................................................. Thomas R. and Kathryn, granted Class "B" beer 193 " 30—Pochter permit............................ Charles and Ruth, granted Class "B" beer per- 194 " 30—Poire mit............................................................. Al. V. and Mar ����er p rmit"" y, granted Class ' B" beer 194 „ 30—Palmer permit Norman and Roy McLean, granted Class "B" 194 30—Pins beer permit ............................... Arthur W., granted Class "B" beer permit............ 194-195 194.195 July 20—Payrolls for month of June, 1939 Aug. 7—Planning .......................................... and Zoning Commission, submitting recom- mendation on petition of Mrs. 207 " 7—Planning Rose Norris ................ and Zoning Commission, submitting recom- 221 " 7—Planning mendation on petition of W. M. Kretschmer.......... and Zoning Commission, 222 " submitting recom- mendations on petition of Mrs. R. A. French 30—Porter .......... C. Fred, State Comptroller, approval of Resolu- tion No. 141-39, 222 a resolution and application for authority to transfer the " amount of $6,420.00 from the Emergency Fund to the Grading Fund .............. 30—Payrolls for month of July, 1939 " 232 ................... 30—Poire Al. V., granted ci arettermit . Sept. 15—Payrolls for month 233 of August 1939........................ Nov. 6—Payrolls for month of September, 1939......... " 258 ............. 6—Planning and Zoning Commis recommendation 230 " 6—Planning and Zoning Commision, on Petition of Joseph P. Simonea et al .......................... 294 ssion, recommendation on petition of Mettel Realty „ 27—Perfection and Investment Company Oil Company, 294 requesting permission to erect a light standard in front of their station at Rhom- berg Avenue and Elm Street ............................................ 302 ' k INDEX—Book 69 y7 1939 SUBJECT Page " 27—Payrolls for month of October, 1939.,. .............. ........... ...... 303 Dec. 4—Porter C. Fred, State Comptroller, approval of applica- tion and resolution for the transfer 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........................................................... 307 " 4—Porter C. Fred, State Comptroler, approval of appli- cation and resolution for the transfer of $20,000.00 from the Water Works -General Fund to the Im- provementFund.................................................................. 307-308 " 4—Planning and Zoning Commission, recommendation on petition of Mrs. R. A. French et al ............................. 309 " 4—Page Francis X., granted Class "B" beer permit............ 312-313 " 19—Payrolls for month of November, 1939 ................................ 322 " 19—Primary Road Extensions, maintenance of same within the City of Dubuque to be borne by the State High- way Commission.................................................................. 323-324 NDEX—Book 69 1939 SUBJECT Page n Jan. 30—Quinn Francis P., submitting application to fill the vacancy on the Civil Service Commission ................ 14 Feb. 6—Quinn Dr. Francis P., appointed as a member of the Civil Service Commission for the term expiring March31, 1940...................................................................... 32 " 27—Quade Mrs. Fannie R., notice of claim .................................. 33 June 30—Quinlan Robert J. and Evelyn J., granted cigarette permit.................................................................................... 193 30—Quinlan Robert J. and Evelyn, granted Class "B" beer permit.................................................................................... 194-195 r, INDEX—Book 69 1939 SUBJECT Page R Jan. 16—Ryan E. J., submitting resignation as a member of the Civil Service Commission .............................................. 9 " 30—Ryder Realty Company, advising Council that they have no insurance on city properties ............................ 18 " 30—Receipts for month of December, 1939, proof of publi- cation...................................................................................... 18 Mar. 6—Revenig Marcella, notice of claim ............................................ 43-89 " 6—Recker Mrs. Elsie, transfer of Class "B" beer permit.... 45 " 15—Reid Thos. R., requesting that the one block of Klingen- berg Terrace off Main Street be repaired .................. 67 " 15—Ruprecht Alfred C., claim denied .......................................... 69 " 23—Rawson H. A., submitting application for appointment as a member of Board of Review .............................. 85 " 23—Receipts for month of January, 1939, proof of publica- tion.......................................................................................... 87 " 30—Reilly Robert C., State Representative, advising of receipt of resolution relative to the housing and slum clearance enabling act .............................................. 102 " 30—Receipts for the month of February, 1939, proof of pub- lication................................................................................ 104 April 3—Rhomberg A. A., City Manager, bond of ............................ 111 May 1—Rahloff Dolores, notice of claim .............................................. 124 " 1—Roche Catherine, notice of claim .......................................... 124-211 " 1—Receipts for month of March, 1939, proof of publication 126 " 1—Reis Frank, granted Class "B" beer permit .................... 127 " 1—Roschitsch Mrs. Ruth (J. V.), settlement of claim.... 129 " 16—Busch Mrs. Fred, notice of claim .......................................... 139-286 " 16—Rellihan F. J., excavation bond ................................ :............. 145 June 5—Receipts for month of April, 1939, proof of publication 157 " 22—Roth Floyd, notice of claim .................................................. 167-202 " 22—Reimann Mabel M. Dillon, requesting a survey of side- walks from Seippel's corner on South Locust through Southern Avenue .............................................. 169 " 22—Realty Inv. Corp., condemnation proceedings on build- ings located on Lot 284 East Dubuque Add. No. 2..........................................................................172-243-260-270-283-292 " 22—Robinson Wm. J., condemnation proceedings on build- ings located on Lot 22 Union Add.......... 173-246-262-269-281-292 f 22—Roth John, granted Class "B" beer permit .................... 175-176 " 30—Receipts for the month of May, 1939, proof of publication 189 30—Reis Frank, granted cigarette permit ............................... 193 i :. 30—Ruegnitz B. A., granted cigarette permit ........................... 193 a 30—Roshek 30—Ragatz Bros. Company, granted cigarette permit............ Geo. Jr., granted cigarette permit ....................... 193 193 " 30—Recker Mrs. Elsie, granted cigarette permit ................... 193 " 30—Reuter Frank, granted Class "B" beer permit ................ 194 " 30—Roshek Brothers Company, granted Class "C" beer per- mit........................................................................................ 194-195 Aug. 7—Receipts for month of June, 1939, proof of publication 220 " 7—Rettenmaier John J. and Marie, granted Class "B" beer permit.................................................................................... 227 Sept. 5—Rummel Mrs. Emma, suspension of 1938 taxes .............. 249 11 8—Receipts for month of July, 1939, proof of publication.... 254 Oct. 2—Reifsteck A. W., notice of claim ............. " 2—Receipts for month of August, 1939, proof of publication 272 2—Recker Mrs. Elsie, transfer of address and renewal of .` Class "B" beer permit .... _ . . . __................... .... 275 " 6—Rhomberg A. A., City Manager, authorized to attend the Annual Conference of the International City Managers' Association . _ _ . .............. 287 Nov. 6—Retail Merchants Bureau, requesting permission to erect Christmas street lighting decorations and also re- INDEX—Book 69 1939 SUBJECT Pa¢P j1 questing that the City assume the cost of current for the street lighting decorations ................................. " 239 f, --Realty Investors Corporation, requesting a refund of the penalties which were assessed against Lot 164, Woodlawn Park Sub ................ 6—Roepsch George J., suspension of 1938 taxes .... ......... " 290-310 291-298 27—Ryder Realty Company, requesting permission for the Installing of an area -way on the West Third Street side of the new Bus Station .............................. .... 302-314-321-322 " 27—Receipts for month of September, 1939, proof of publi- cation......................... ..... Dec. 19 --Realty Improvement Company, submitting an offer to 303 purchase Lots 2, 3, 4, 5 and 6 of Mills 'Vest Du- buque from the City of Dubuque ... ............... " 317 19—Receipts for month of October, 1939, proof of publication 313 INDEX—Book 69 1939 SUBJECT Page Jan. 3—Spielman J. L., granted Class "B" beer permit ............ 3 " 16—Schetgen Marguerite, suspension of 1938 taxes _. 9-25 " 30—Schaetzle John Drug Co., sign policy ..................... _ 19 " 30—State Highway Commission, maintenance of Primary Road Extensions to be paid out of the primary roadfund.............................................................................. 23-24 " 30—Slater Mrs. Dorothy, settlement of personal injury claim....................................................................................... 24-25 Feb. 6—Shiloh Circle No. 37, Ladies of the Grand Army of the Republic, requesting permission to hold a tag day onApril 8, 1939.................................................................. 27 " 6—Schadle Clem, submitting application for position on Civil Service Commission ........................................... 32 " 27—Schultz John, notice of claim ................................................ 33-298 " 27—St. Joseph Mercy Hospital, notice of hospital lien and statement of filing to Mrs. John V. Roschitsch, City of Dubuque.......................................................................... 34-129.130 " 27—Slack, James, transfer of Class "B" beer permit............ 39 Mar. 15—St. Patrick's Church, extending invitation to Mayor, Members of City Council and City Officials to attend the Observation of the Feast of St. Patrick ................ 66 " 23—Spielman Charles, objecting to the Council accepting the proposed electric rates until bus fares are reduced.................................................................................. 85 " 23—Steiner Vernon, requesting that the ordinance regulat- ing roller skating rinks be amended .......................... 87 " 30—Sutton N. M., requesting that the alley abutting his pro- perty on Hill Street be improved ................................ 102 April 3—Shea J. J., City Clerk, bond of ........................................... 111 " 12—Shambaugh Mrs. Charlotte S. and John Wieser, City Manager's recommendation on their petition for the vacation of the alley abutting Lot 2 of 12 and Lot 2 of 2 of the Sub. of Lots 19, 20 and 21 of Stewart's Sub......................................................................................... 121-1.89 May 1—Strohmeyer A. J., Asst. Supt. of Fire Alarm System, re- questing that his name be placed on Fire Depart- mentpay roll.................................................................. 125 " 1—Smith Clem J., redemption of tax sale certificate on Lot 14 in Yates Subdivision ......................................... 125-145 " 1—Spahn Arthur J., granted Class "B" beer permit............ 127 " 1—Schwietering Jacob, granted Class "C" beer permit ... 127-128 " 1—Savary Chas. H., granted Class "C" beer permit........ 127-128 " 1—Sullivan Jos. J., granted Class "C" beer permit......... 127-128 " 4—Salz, A. L., requesting the opening of Henderson Street from the intersection of Bradley and Henderson Streets toward the Golf Course ................................. 135 " 16—Sutton N. M., relative to the improving of the alley abutting his property on Hill Street, said alley running between Bonson and Wooten Streets........ 139 " 16—Smith Wm. Avery, reappointed as a member of the Planning and Zoning Commission ............................... 145 .June 5—St. Catherine's Parish, Route 4, requesting permission to stretch a banner across Main Street to advertise apicnic.................................................................................. 155 " 5—Schnee Mrs. Sophia, requesting that the City Treasurer be instructed to accept the amount of $85.46 as set- tlement of the tax sale certificate held by the City of Dubuque against Lot 20 of McCraney's 1st Ad- dition...................................................................................... 155-190 " 5—Schroeder Fred, appointed as a member of Condemna- tion Committee .. _ ............... ........................ _ _ _ ..... 159-173.202 INDEX—Book 69 1..1.1:1 �i UBJEUT 16 ._7 N " 5—Schuster Leonard, condemnation proceedings on build- ings located on Lot 354 Ham's Add........... 159-171-182-200-206 5—Sisters of the Holy Ghost, condemnation proceedings on buildings located on City Lot 14. ............. 159-171-181-199-206 " 22—St. Mark's Women's Guild, requesting permission to rope off Twelfth Street between Locust and Bluff Streets on June 22 .......................................................... ' 168 22—Speed Boat Regatta, requesting permission to use the grounds adjacent to Ball Park for the parking of cars......................................... 22—Smith Mary and Catherine, condemnation proceedings 169 on buildings located on Lot 14 Yates Sub........... ..................................... ... .......................... 172-243-263-264-271-282-292 " 22—Sand Mike, granted cigarette permit ................................... " 22—Schaetzle John, granted cigarette permit ............................ " 2 2—Schuster 174 175 Leonard, „ granted cigarette permit .................... 22—Stemm John, 175 granted cigarette permit .............................. " 22—Steffen Nicholas, granted cigarette permit " 175 ....................... 22—Savary, William and Viola, granted Class "B" beer per- 175 mit......................................... " 22—Steffen Nicholas and Beatrice "B" 175-176 beer permit � granted Class beer .................................... „.................... 22—Sheehan Mrs A l " 22—Schnee Michael Bead grantedClass Cl beer permit 176-177 176177 granted Class "B" beer perm" 22—Sand Frank and Elsie,... ..... .. ... ...••• ••••• . beer permit " 22—Stoltz Raymond J. and George J.1Zilli 176-177 1761?? "B" beer permit, granted Class " .................................g' 22—Stieher John A. and Elsie, granted Class "B" beer per- mit 176-177 ................................... " 22—Spie uran Harvey L., " Y granted Class "B" 176-177 beer Permit ..... 22—Schaffhauser William A. and George J., 176-177 „ eer permit granted Class 30—Schn ldereJoseph C., ............................ ....... .............................. " 30—Sullivan Thomas p„ granted cigarette permit .............. 176-177 193 " 30—Spielman J. I,,, granted cigarette permit .................. cigarette 193 30—Scherer, George granted permit .......................... 30—Stampfer Company granted cigarette permit .................. " Y, 193 193 granted cigarette permit ................ 30—Stavros George, cigarette permit., .................... " 30—Stemm John and 193 193 Alberta, granted Class B„ .• „ mit .................. beer per- 30—Schlitz Andrew and Lewis J., ' ' ' , • • ... ................. . Permit granted Class "B" beer " 194 30—Sand Mike and Marie .................... """'."...... " granted Class B" beer permit 30—Smith Percy L., granted Class "B" beer permit................ " 30—Snyder Charles T., granted Class "B" b " 30—Slack James 194 194 "eer permit and Leo P. Meyer, gran ........ „ Permit............ted ClassB" beer 194 ................................................ ... 30—Scherer George J., granted Class "B" beer 30—Southern Avenue, permit..... 194 report of Health Director and Sani- tary Officer that 194 approximately 25 houses on said street are not connected with the sanitary sewer.... July 5—St. Patrick's Parish, Epworth, Iowa, requesting Permis- sion to suspend a banner across Ma 5—Stoltz Raymond 195-252 fn Street........ and George Zillig, granted cigarette „ Permit ..................... lgg 20—Seubert & Fessler submitting bill from A, the amount of $8.94 J. in 204 for damages to truck caused In driving over a ditch at 654 Kane street questing that the and re- matter of payment of this bill be taken up with the Bonding Company .... ..... ..... ...... 205-220-221 INDEX—Book 69 1939 SUBJECT Page " 20—St. Paul's Mission House, Epworth, Iowa, requesting permission to place a sign across Main Street.... 205 " 20—Stampfer Company, requesting permission to erect a 30 foot truss extending between their building and the Grand Opera House Theatre building ...........205-223-237-253-254 " 20—Schaul John, ordered to connect the N. E. 38 feet of S. E. 150 feet of Lot 595, Ham's Add. with the sani- tarysewer ............................................... ......... .............. 213-230 " 20—Seippel Lumber Company, ordered to connect Lot 2 of 7 of Peil's Sub. with the sanitary sewer .............. 214-230 Aug. 30—Scharff Louise, suspension of 1938 taxes .......................... 232-249 Sept. 5—Schetgen Clarence, Administrator of Estate of Joseph Schetgen, Deceased, original notice of suit ........... 240 " 5—Schroeder, Fred, bill in the amount of $65.00 allowed for services as a member of Condemnation Com- mittee.................................................................................... 247 " 5—Spielman Frank and Geraldine, granted Class "B" beer permit.................................................................................. 250 " 8—Senior High School, requesting permission to stretch a banner across Main Street ....................................... 254 " 15—Stewart Dr. C. W., State Department of Agriculture, relative to awarding of garbage contract ................ 256 " 15—Sullivan James, cancellation of 1938 taxes I ................ 257-276 Oct. 2—Seippel Peter J. Lumber Company, requesting the waiv- ing of penalties and extra interest on delinquent special assessments and also on redemption from tax sale of various pieces of their property 271-284-285-290-291 " 2—Schuster L., requesting retund on cigarette permit.... 272 " 6—Shea J. J. City Clerk, appointed Acting City Manager during the absence of City Manager Rhomberg fromthe city.................................................................... 287 Nov. 6 --Stewart E. A., claim for damages to his automobile ... 289-305 " 6--Simones Joseph P., et al, requesting the rezoning of the westerly end of Kirkwood Street ...................... 294-306-317-325 " 6—Spahn Arthur J., transfer of address of Class "B" beer permit.................................................................................... 297-304 " 6—Smith Russel J., claim for damages to airplane............ 300 " 27—Stapleton A. J., requesting that he be reimbursed for work, labor and materials in repairing the sewer in front of his residence at 864 South Grandview Avenue.................................................................................. 303-323 Dec. 4--Saeugling Fred J. and Ed. M. Harks, granted Class 'B" beerpermit......................................................................... 312-313 " 19—State Highway Commission, approving and consenting to the maintenance of all primary road extensions within the City of Dubuque ............. ........................... 323-324 " 19—Salina Street, Profile No. 1294 showing the proposed grade of said street from the North property line of Railroad Street to the South property line of DodgeStreet .............................................. .................... 325-326 J