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1940 February Council Proceedings~' t 12 Session, ,anuary 8th, 1940. Regular Session, February 5th, 1940. 13 ~~ (O~icial) onded by Councilman Wharton. Car- ried by the following vote: Yeas- Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton, Nays-None. Councilman Van Duel- man moved that the rules be suspended ' requiring an ordinance to be read on three separate days. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Mur- phy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. The ordinance was then read a second time. Councilman Van Duelman moved that the reading just had be considered the second reading of the ordinance. Seconded by Councilman Wharton. Carried by the following vote: Yeas- Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. J. J. SH>•A, City Clerk. Approved ______________________1940, Adopted ________________________1940. Councilmen: j______________________ Attest: ------------------------------ City Clerk, Regular Session, February Sth, 1940, Council met at 8:25 P. M. Present-Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton, City Manager Rhomberg. Mayor Murphy stated that this is the regular monthly meeting of the City Council for the purpose of acting upon such business as may properly come I before the meeting, j Notice of Claim of Mary G. Nolan in amount unknown at the present time for personal injuries sustained in a fall on a defective sidewalk on Burch Street between West Third Street and Fene- lon Place, presented and read. Coun- cilman Clark moved to refer the Notice of Claim to the City Solicitor for in- vestigation and report. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton, Nays-None. Notice of Claim of Anthony Schmitz in the amount of $5,000.00 for personal injuries sustained in a fall upon an icy crosswalk at the intersection of Twen- tieth and White Streets, presented and read. Councilman Clark moved to re- fer the Notice of Claim to the City So- licitor for investigation and report. Sec- onded by Councilman Thompson. Car- ried by the following vote: Yeas- Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Wharton. Nays-None. Notice of Claim of Jackson M. Sprague iu the omount of $1,000.00 for personal injuries sustained iu a fall up- on an icy sidewalk on the Southwest corner of $ighth Avenue and Bluff Street, presented and read. Council- man 1R'harton moved to refer the No- tice of Claim to the City Solicitor for investigation and report. Seconded by Councilman Clark. Carried by the fol- lowing vote: Yeas-Mayor Itlurphy, Councilmen Clark, Thompson, Van Duelman, Wharton, Nays-None. Original Notice of Suit of $mory F. Healy, Plaintiff, vs. City of Dubuque, Iowa, Defendant, in the amount of $10,64L30 for personal injuries sus- tained by reason of a fall on an icy side- walk on the Northeast corner of Ninth and 1Vhite Streets on January 25, 1938, presented and read. Councilman Thompson moved that the Original Notice of Suit be referred to the City Solicitor for investigation and report. Seconded by Councilman Van Duel- man. Carried by the following vote. Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, 1Vharton. Nays-None. Communication of $]roy H, Gras- horn, Sec, and Treas. Barbers' Local No. 429 advising Council that they are in favor of the appointment of Mr. John Schaetzle to the Police and Fire Commission, presented and read. Councilman Van Duelman moved to refer the communication to the Citv Council. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Murphy, Council- men Clark, Thompson, Van Duelman, FVhartou, Nays-None. Communication of Frank Defendi, Corresp. Sec. of International Molders' Union of America Local No, 263, rec- ommending and endorsing John Schaetzle for the Police and Fire Com- mission, presented and read. Council- man Wharton moved to refer the com- munication to the City Council. Sec- onded by Councilman Van Duelman. Carried by the following vote: Yeas- Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None, Communication of Chas. G. Demp- sey, Rec. Sec. Metal Trades Council, endorsing John Schaetzle for the posi- tion of Police and Fire Commissioner, presented and read. Councilman Thompson moved to refer the commu- nication to the Cit}* Council. Seconded by Councilman Clark. Carried by the following vote: Yeas-Mayor Dlnrphy, Councilme^ Clark, Thompson, Van Duelman, Wharton. Nays-None. Communication of Bart L. Molo, malting aplication for fire protection on the Middle Road on his place known as Silver Acres, presented and read. Coun- cilman Clark moved to refer the com- munication to the Citv Council, Sec- onded by Councilman Thompson. Car- ried by the following vote: Yeas- illayor 1Im•phy, Councilmen Clark, Thompson, Van Duelman, Wharton, Nays-None. Communication of The Key City Gas Company submitting attached annual report required by ordinance showing receipts and disbursements for the calendar year 1939, presented and read. Councilman Van Duelman moved to refer the communication and annual report to the City Council. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Nlayor Mur- phy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None, Communication of VV. O. Price, $n- gineer of Safety and Traffic, Iowa State Highway Commission, submitting a proposal to the affect that the Iowa ,, ri, ~, U ~,~~ I I I!'. i', ~'~, j ,III i', (. it ~!I', (` I~ I' ~f i~, ¢, ill ~~ I f~p ~~~ i '~~~~ f, ~.j ICI''' I~ ~ ~~ ~ ~ !~ ~'.,~ t ~ ~'' ('~,~~, II, ~~', if~,l, P (~, ~i, ~yl~l~ii~, I i ~ ~ ~',,, ,'~,' 14 Regular Session, February 5th, 1940. State Highway Commission will place traffic signals on all four corners at the intersection of Dodge Street and- Grandvietiv Avenue providing that the City of Dubuque take care of the oper- tion and maintenance of said signals presented and read. City Manager Rhomberg recommending that the pro- posal of the Iowa State Highway Com- mission be accepted. Counctlman Wharton moved that the recommen- dation of City Manager Rhomberg be approved and that the City Manager be instructed to notify the Iowa State Highway Commissions of the action taken by the City Council up- on their proposal Seconded by Councilman Van Duelman. Carried by the fallowing vote: Yeas-Maym• Murphy, Councilmen Clark, Thompson, Va^ Duelman, ~Uharton. Nays-None. Communication of C. R, Livingston, Asst. Dist, $ng., Iowa State Highway Commission, submitting attached four copies of a contract covering Primary Road $xtension maintenance thru Du- buque for the period from December 1st, 1939, to June 30th, 1940, presented and read. Councilman Van Duelman moved that the contract be approved a:nd the Nlayor authorized to execute the same on behalf of the City of Du- buque. Seconded by Councilman Wharton, Carried by the following vote: Yeas-Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton. Nays-None. Tutee Pehtton of Mildred heehan Sc S requesting a refund on the license of Mrs. Agnes L. Sheehan, deceased, pre- sented and read. Councilman Van Duel- man moved that the petition be received and filed due to the fact that the Coun- cil is without authority to grant the re- quest, Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton. Nays-None. Petition of Josephine Flynn, referred to the City Council by the Board of Su- pervisors, requesting suspension of the 1939 taxes on the N, W. 20 feet of City Lot 83, presented and read. Council- man Thompson moved that the petition be referred to the City Solicitor for in- vestigation and report. Seconded by Councilman Clark. Carried by the fol- lowing vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Va^ Duelman, Wharton, Nays-None. Petition of Catherine S. Lundbeck, referred to the City Council by the Board of Supervisors, requesting sus- pension of the 1939 taxes on Lot 242 Woodlawn Park Addition, presented and read. Councilman Thompson mov- ed that the petition be referred to the City Solicitor Eor investigation and re- port. Seconded by Councilman Clark. Carried by the following vote: Yeas- Mayor Murphy, Councilman Clark, Thompson, Van Duelman, Wharton. Nays-None. Petition of John T. and H. L. Lund- beck, referred to the City Council by the Board of Supervisors, requesting suspension of the 1939 taxes on Lot 11 of Cox Addition; presented and read. Councilman Thorngsoit moved that the petition he referred to the City Sofia itor for investigation and report. Sec- onded by Councilman Clark. Carried by the following vote: Yeas-Nlayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nayr-None. January 18, 1940. To the Honorable 1Ulayor and City Council, Dubuque, Iowa. Gentlemen-I herewith submit the reports of the City Auditor, City Treas- urer, City Health Department, and the City Water Department for the month of December, 1939, also a list of claims and list of payrolls for which rearrants were drawn during the month of De- cember, 1939. Respectfully submitted, A. A. RHOMBIRG, Cily 11lanager. Councilman Clarh moved that the re- ports be received and placed on file. Seconded by Councilman Thompson. Carried by the following vote: Yeas- A'iayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Councilman Wharton moved that the rules be suspended for the purpose of allowing any one present in the Coun- cil Chamber, who wishes to do so, to address the Council, Seconded by Councilman Clark. Carried by the fol- lowing vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Mr. Al. Wunder addressed the Coun- cil stating that on account of the erec- tion of the water reservoir at West Third Street near College Street that his property has depreciated in value and that he is unable to dispose of the same at a fair price and asking the City Council to assist him in the disposing of his property or else that the City pur- chase the same. Councilman Clark moved that the verbal request of Mr. AI, bVunder be referred to the City Council for further consideration. Sec- onded by Councilman Thompson. Car- ried by the following vote: Yeas- Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton: Nays-None. Regular Session, February 5th, 1940. 15 Mr. Walter W. Paisley addressed the Council requesting Council action on the petition of Walter W. Paisley and Rebecca L. Paisley filed at the meeting of January 18th, 1937, in which they asked for the transfer or the release and surrender of the tax sale certificate held by the City of Dubuque against Lot 2 of the Sub of Lot 23 in Grand- view Heights upon the payment to the City of Dubuque in the sum of $40.OD for an assessment in the amount of $128.00. February 2, 1940. City Council, City of Dubuque, Iowa. Report of Petition of Walter W. Pais- ley and Rebecca L, Paisley, Gentlemen: On January 1S, 1937, a petition was filed by Walter W. Paisley and Re- becca L. Paisley asking for the transfer or the release and surrender of tax sale certificate then held by the City of Du- buque, to Lot Two (2) of the Subdivi- sion of Lot Twenty-three (23) in the City of Dubuque, upon the payment to the City of Dubuque of the sum of $40.00 for assessment in the amount of $128.00. Upon investigation, I find that the City of Dubuque does not hold a tax sale certificate to said property and re- quest that said petition be received and filed. Yurs truly, JOHN J. KINTZINGI;R, City Solicitor Councilman Wharton moved that the recommendation of City Solicitor Kintzinger be approved. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Mur- phy, Councilmen Clark, Thompson,Van Duelman, Wharton. Nays-None. February S, 1940. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen-At the session of the Cfty Council held June 30, 1939, the pe- tition of J. 1;, Kemler concerning de- linquent special assessments against the $ast / of the North 88 feet of Lot 783 of A. McDaniel's Sub. and on City hots 281 and 282 was acted upon by directing i r o ra arrant in the C ty Audtto t d w a w the amount of $11,70 repreenting a re- fund of all interest in excess of 5°fo per annum and all penalties on the pay- ments made in redeeming the laast of the North 88 feet of Lot 783 of A. McDaniel's Sub, only, since nothing was then paid on the delinquencies of City Lots 281 and 282. Later the petitioner, on December 29, 1939, paid the delinquent special assess- ments on City Lots 281 and 282 for the paving of Central Avenue and far the installation of boulevard lights. In order to complete the transaction I rec- ommend that the City Auditor be auth- orized to draw a warrant on the Special Bonded Fund in the amount of $18.64 (Fund 879-X14.95 plus Fund 882- $3.69) in favor of J, ]•. Kemler, repre- senting the refund of interest in excess of 5°fo per annum and all penalties paid to the County Treasurer on City Lots 281 and 282. Respectfully submitted, A. A. RHOMB>~RG, City Manager. Councilman Clark moved that the recommendation of City Manager Rhomberg be approved and that the Citv Auditor be authorized to draw a warrant on the Special Bonded Fund iu the amount of $18.64 (Fund 879- $14.95 plus Fund 882-$3.69) in favor of J, $. Kemler representing the re- fund of interest in excess of S°fo per an- num and all penalties paid to the Coun- ty Treasurer on City hots 281 and 282. Seconded by Councilman Wharton. Carried by the following vote: Yeas- Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None, February S, 1940. To the Honorable Mayor and City Coancil, Dubuque, Iowa. Dear Sirs-At the session of the City Council held January 2, 1940, the peti- tion of Henry Herrmann requesting a refund of penalties involved in the re- demption of the last 3/S of Lot 27 of L. H. Langworthy's Sub. and of Lot 20 of Marsh's Addition for delinquent spe- cial assessments was referred to the City Manager and Treasurer for inves- tigation and report. We find in the records that the above described property was delinquent for the 8th, 9th and 10th installments for the paving of Main Street and the amount necessary for redemption was as follows: 1a. 3/S of 27 of L• H. Langworthy's Sub. Principal ____________________$39,15 Interest and Penalties________ 10.66 Lot 20 of Marsh's Addition: Principal ____________________ 64,35 Interest and Penalties_________ 16,88 We recommend that the City Auditor be authorized to draw a warrant on the Special Bonded Fund payable to Henry Herrmann in the amount of $1221 ($7.60 for N. 3/S of 27 of L. H, Lang- worthy's Add and $4.61 for Lot 20 of Marsh's Add.) representing a refund of penalties and all interest charges in excess of S°fo per annum, Respectfully submitted, A. A. RHOMB)~RG, City Manager, OTTO F. PULS, City Treasurer. r~~ 16 Regular Session, February 5th, 1940. Councilman Van Duelman moved that the recommendation of City Man- ager Rhomberg and City Treasurer Puls be approved and that the City Au- ditor be authorized to draw a warrant on the Special Bonded Fund payable to Henry Herrmann in the atnount of $12,21 ($7.60 for E. 3/S of 27 of L. H, Langworthy's Add, and $4,61 for Lot 20 of Marsh's Add.) representing a re- fund of penalties and all interest charges in excess of S°/o per annum. Seconded by Councilman Clark. Carried by the following vote; Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Februar}- 5th, 19'40. Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen-The undersigned, Secre- tary of the Fire and Police Pension System, begs to advise that the terms of Citzen member of the Board-Thom- as Hill, Policeman member of the Board-Franl: Blatz, and Fireman member of the Board-Lester Benzer, have expired. I suggest that these men be reappointed or replacements made. The terms of these men shoald then expire April 1st, 19-43. Very respectfully, OTTO F. PUI,S, Secretary Fire asd Police Pen- sion System, Dubuque, Iowa. Councilman Thompson moved that Mr, Thomas Hill be reappointed as Citizen member of the Board of Fire and Police Pension System, also that Frank Matz be reappointed as Police- man member of the Board of Fire and Police Pension System, also that Lester Benzer be reappointed as Fireman member of the Board of Fire and Police Pension System, said terms to expire on April 1st, 19=}3. Seconded by Councilman Clark. Carried by the fol- lowing vote: Yeas-Mayor Mtu•phy, Councilmen Clark, Thompson, Van Duelman, tiVharton. Nays-None. Dubuque, Iowa, Feb. 3rd, 1940. To the Honorable Mayor and City Council, City of Duhuque, Iowa. Gentlemen-Section 718-b4 of the Code of Iowa, Permanent Registration, provides that the Commissioner of Reg- istration shall appoint such deputies and clerks as may be necessary, to as- sist in the registration of voters at the central registration office, said deputies and clerks to be equally divided be- tween the members of the two political parties receiving the highest vote at the last general election, said appoint- rnents shall be subject to the approval of the City Council. I herewith recommend for your ap- proval the following named persons to assist in the registration of voters at the central registration office, such per- sons to be designated as deputies and clerks of registration. Democratic-Mr. R. P. Marshall and Bliss Gladys E. Theis. Republican-Mr. Otto F. Puls and Bliss Geraldine L, Demkier. Respectfully submitted, J• J• SHI•A, Commissioner of Registration, City of Dubuque, Iowa. Councilman Wharton moved that the recommends±ion of the Commissioner of Registration be approved. Second- ed by Councilman Clark. Carried by the following vote: Yeas-Mayor Mur- phy, Councilmen Clark, Thompson,Van Duelman, 1Vharton. Nays-None. Dubuque, Iowa, February Sth ,1940. To the Honorable Mayor and City Council, City of Dubuque, Iowa. Gentlemen-Section 718-64 of the Code of Iowa, Permanent Registration, provides that the Commissioner of Registration shall appoint the two clerks of election for each precinct, who shall have charge of the election register, I herewith recommend for your ap- proval the appointment of the following named persons to serve as Clerks of Election for each precinct, who shall have charge of the election register: First Precinct-Democratic, Vera Ham; Republican, Mrs. Lillian Janes. Second Precinct-Democratic, Mar- garet Kinsella; Republican, illrs. Geo. R. Fos. Third Precinct-Democratic, Carrie McGough; Republican, Mrs. Pearl Hoerner. Fourth Precinct-Democratic, Blary Hughes; Republican, Martha Hunt. Fifth Precinct-Democratic, Marga- ret Lavery; Republican, Mrs. F. ~V. Trader. Sixth Precinct-Democratic, Lillian Fleege; Republican, Mrs. Hazel Yo- kom, Seventh Precinct-Democratic, Ce- celia Weber; Republican, Cora Wolf. Eighth Precinct-Democratic, Jennie I. Starr; Republican, J, W. Millin. Ninth Precinct-Democratic, Mayme Casutt; Republican, Nlrs. Edna Wid- dowson, Tenth Precinct, Democratic. Charles V. Correll; Republican, Hattie Do- uatsch, Eleventh Precinct-Democratic, Ger- trude Zwaclz; Republican, Mrs, Frank Kurt. Twelfth Precinct-Democratic, Cath- Brine Jehring; Republican, Helen Stans- field. Regular Session, February 5th, 1940, 17 Thirteenth Precinct -Democratic, Freda Foell; Republican, lfarguerite Liddle. Fourteenth Precinct -Democratic, Lucille Pleimling; Republican, Dorothy Bauer. Fifteenth Precinct-Democratic, Ro- sa Fos; Republican, Helen Hohnecker. Respectfully submitted, J~ J• SHEA, Commissioner of Registration, City of Dubuque, Iowa. Councilman Van Duelman moved that the recommendation of the Com- missioner of Registration be approved. Seconded by Councilman Clark. Car- ried by the following vote: Yeas- Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, `Vharton. Navs-None. - January 26, 1940. Honorable Mayor and City Council, Dubuque, Iowa. Re: Clarence Schetgen, Administrator of the Estate of Josepl Schetgen, deceased, vs. City of Dubuque; Re: August R. Staufenbeil Estate, et al, vs, Local Board of Review, Gentlemen; Prior to my assumption to the office of City Solicitor, in Janu- ary, 1940, I acted as attorney for the plaintiff, Clarence Schetgen, Adtnints- trator of the Estate of Joseph Scletgen, and for the Estate ~of August R. Stau- fenbeil, deceased, both of said actions involving matters against the City of Dubuque, and both of which are now pending before the District Court of Duhuque County, Iowa. Since my ap- pointment as City Solicitor. I have withdrawn my apearance as attorney in said actions, and the fact that I did represent the above parties in their ac- tions against the City when the actions were commenced disqualifies me from now acting as attorney for the City iu said actions. The action of Clarence Schetgen, Ad- ministratar of the Estate of Joseph Schetgen, deceased, vs. the City of Du- buque, involves a claim for damages for death of Joseph Schetgen on May 18, 1938, at which time he fell into a sewer and drowned, said claim being for $10,000.00. The Staufenbeil matter involves an appeal from assessment of property on Central Avenue near 14th Street, in the City of Duluque. In view of my disqualification and in- ability to act for the City itt these mat- ters, Irecommend that the matters be referred to the City Manager for inves- tigation and report as to the advisabil- ity of employing special counsel to act in the above matters. Respectfully submitted, JOHN J. KINTZINGER, City Solicitor, Councilman Van Duelman moved that the recommendation of City So- licitor Kintzinger be approved. Sec- onded by Councilman Thompson. Car- ried by the following vote: Yeas- kfayor 14lurphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Final Report and Inventory 1938- 1940 covering work submitted by, and files in the possession of the office of the former City Solicitor Al. J. Nelson for the period covering April, 1938, to January 1, 1940, presented and read. Councilman Van Duelman moved that the Report and Inventory be received and placed on file. Seconded by Coun- cilman Clark Carried by the following vote: Yeas-B~Iayor Murphy, Council- man Clark, Thompson, Van Duelman, 1Vharton. Nays-None. February 5, 1940. Honorable Mayor and City Council, Dubuque, Iowa. Re: Claim of Joseph P. Heim. Getrtlemen-Prior to January 2, 1940, there was referred by your honorable body to the City Solicitor for investiga- tion and report, claim of Joseph P. Heim, 3201 Central Avenue, Dubuque, Iowa, on account of injuries sustained in a fall on the sidewalk on November 6, 1939, on 20th and Central Avenues, due to a slippery, ic}~ condition caused by water frotn the sprinleling of the street reaching the sidewalk and freez- ing. I have completed investigation of this claim and respectfully recommend that the claim be allowed in the sum of $165.00 and that a warrant payable to Joseph P. Heim in the sum of $135.00 and a warrant payable to Dr. H. A. Stribley in the sum of $30.00 be issued and delivered upon the execution by claimant of the inclosed receipt and re- lease. Respectfully submittted, JOHN J. KINTZINGER, City Solicitor. Councilman Clark moved that the recommendation of City Solicitor Kintzinger be approved and that the City Auditor be instructed to draw a warrant in the amount of $135.00 in favor of Joseph P. Heim and also that the City Auditor be instructed to draw a warrant in the amount of $30.00 pay- able to Dr, H. A. Stribley as settlement in full of the personal injury claim of Joseph P. Heim for injuries sustained in a fall on the icy sidewalk at 20th and Central Avenue, said warrants to be de- livered upon the execution by Joseph P. Heim of receipt and release. Seconded by Councilman Thompson, Carried by ~~ ~' ~ I II, i. al,' it ~I II p III ~,~ e', ~~ i' l f i; ~, i~'„ ~~, I' ~ 'i', ~ ~i~~i ~~ s ~, I;~' I'~ ~~i t i~,~~ ~1 ~ ~~j~~ I f i' f r.' Il;' ~t, i,~~ ~~', !! ,','II'I ~,,';~I, ~!, ~ ~~I ~~ ~,~ ',f~i'!I ~.' ,I, f, I (;',I'. i, ', (' I; _.-- -- 1~ Session, February 5th, 1940. the following vote: Yeas-Dfayor ltiur- phy, Councilmen Clarlc, Thompson, Van Duelman, Wharton. Nays-None. Council Proceedings for the Wraith of November, 1939, presented far ap- proval. Councilman Clarlc moved that the Council Proceedings for the month of November, 1939, be approved as printed. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Murphy, Council- men Clark, Thotpson, Van Duelman, Wharton. Ara}~s-None. Council Proceedings for the month of December, 1939, presented for ap- proval. Councilman Clark moved that the Council Proceedings for the month of December, 1939, be approved as printed. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Nlayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton. Nays-None. Ordinance No. 1-4D. An ordinance amending and changing the zoning map of the City of Dubuque, as provided for by Ordinance No. 3-34, designated "Zoning Ordinance of the City of Du- buque,' so as to change to "Multiple Residence District," certain defined property now delimited as "Two-Fam- ily Restdence District," and declaring an emergency, said ordinance having been passed upon first and second read- ings on January 8th, 1940, presented and read a third time. ORDINANCE N0. 1-40. An ordinance amending and changing the zoning map of the City of Dubuque, as provided for by Ordinance No. 3-34, designated "Zoning Ordinance of the City of Dubuque," so as to change to `Multiple Residence District," certain defined property now delimited as "Two-Family Residence District," and declaring an emergency. WHEREAS, it is deemed advisable by the City Council to amend the zon- ing map of the City of Dubuque pro- vided for by Ordinance No. 3-34, desig- nated as, "Zoning Ordinance of the City of Dubuque," so as to change to "Multiple Residence District," certain defined property now delimited as "Two-Family Residence Districts"; and ~trHEREAS, the proposed change and amendment of said zoning map re- quested by Mrs. R. A. French, et al, meets with the approval of the Plan- ning and Zoning Commission of the City of Dubuque, and WHEREAS, notice of such proposed change has been published as provided by law•, and an opportunity has been af- forded to all interested parties to object thereto at a public meeting held on the 8th day of January, 1940; and 6t'HEREAS, no objection has been filed to the proposed change, NOW, THEREFOR);, BE IT ORDAINED BY THE CITY COUNCIL, OF THE CITY OF DUBUQUE: Paragraph 855, Section 1.-That the zoning map of the City of Dubuque be, and the same is hereby amended and changed as follows: By changing from "Two-Family Residence District," to "Multiple Resi- dence District," the area described as follows: "That section of Delhi Street from Auburn Street to West Four- teenth Street, on both sides of the street" and described as follows: "Beginning at the center of the inter- section of Delhi and Auburn Streets; thence Northeasterly along the center line of Auburn Street to the center line of the alley between Delhi and Custer Streets; thence Northwesterly along the center line of the above alley to the center line of Algona Street; thence Northeasterly along the center line of Algona Streetto apoint 100 feet North- easterly from the Northerly pro ert line of Delhi Street; thence Northwest erly along a line 100 feet from the Northerly line of Delhi Street to the center line of West 14th Street; thence Southwresterly along the center line of West kith Street to the center line of Delhi Street; thence Southeeasterly along the center line of Delhi Street to the center line of McCormick Street; thence Southwesterly along the center line of McCormick Stret to a point lOQ feet Southerly from the Southerly property line of Delhi Street; thence Southeasterly along a line 100 feet from the Southerly property line of Delhi Street to the center line of Algona Street; thence Southwesterly along the center lice of Algona Street to the cen- ter line of the first alley south of Delhi Street and between Delhi Street and Grace Street; thence Southeasterly along the center line of said alley to the center line of Auburn Street; thence Northeast- erly along the center line of Auburn 4~ ~heet to the center line of Delhi Street; thence Northwesterly along the center line of Delhi Street to the point of be- ginning, Paragraph 8$6, Section 2-That the cost of publication of this ordinance, enacted for the benefit of Mrs. R. A. French, et al, shall be borne by the said Mrs. R. A. French, et al. Wheeras, the City Council of the City of Dubuque, upon its own motion, proposes to amend and change the Zontng Map of said City, in the follow- ing respects: By changing from "Two-Family Restdence Distrtct" to "Local Business District," the area described as follows: "Commencing at the Westerly ettd of the preesent Local Business district at Dodge and Bluff Streets at a point 100 feet Northerly of the Northerly property line of Dodge Street, thence Westerly parallel to, and 100 feet Nor- therly from, the Northerly property line of Dodge Street to the Easterly line of Lot 1 of 2 of Mineral Lot 66, thence Southerly to the center line of Dodge Street, thence Westerly along the cen- ter line of Dodge Street to a point 328 feet Westerly of the Westerly line of the outherl 100 feet f of 2 f 2 f S y o L o 0 Mineral Lot 66, thence Northerly to a point 100 feet Northerly from the Nor- therly property line of Dodge Street, thence Westerly 384 feet along a line parallel to, attd 100 feet Northerly from, the Northerly property line of Dodge Street, thence Southerly to the center line of Dodge Street, thence Easterly along the center line of Dodge Street, 5th, 1940. 19 to the center line of Bryant Street, thence Southerly along the center line of Bryant Street to a point 100 feet Southerly from the Southerly property line of Dodge Street, thence Easterly on a line parallel to, and 100 feet Southerly from, the Southerly property Line of Dodge Street to the Westerly end of the present Local Business Dis- trict at Dodge and Bluff Streets, thence Northerl}~ along the Westerly end of the present Local Business District at Dodge and Bluff Streets to the point of beginning,,, 1Yhereas, before said Zoning Map may he thus amended and changed, it is necessary that a public hearing be held thereon; Now, Therefore, Be It Resolved By the City Council of the City of Dubuque, that the City Clerk be, and he is hereby directed to cause to be published in the Dubuque Telegraph-Herald, a notice of a public hearing to be held by this Council upon the proposed changes and amendments, said meeting and hearing being hereby fixed at 7:30 o'hlock P. M., February 26th, 1940, and to be held in the Coun- cil Chamber in the City Hall, said no- tice to be published at least fifteen (1S) days before the date of said hearing, at which time all parties in interest and citizens shall have an opportunity to be heard. Passed and approved this Sth day of February, 1940. GEO. R, MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL, A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk, Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Clark. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clarlc, Thompson, Van Duelman, Wharton. Nays-None. Resolution No. 7-40. Be It Resolved, by the City Council of the City of Dubuque, that the fol- lota•ing, having complied with the pro- visions of law relating to the sale of cigareettes within the City of Dubuque, he granted a permit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City. Name Address Dubuque Lodge No. 3SS Loyal Order of Nloose, 1379 Central Avenue. H. P. Lemper, 2776 Jackson Street. Dale Duncan (Dale's Maid-Rite), 155 1'~est 11th Street. Regular Session, Paragraph 857, Section 3-This ordi- nance, being deemed urgent and of im- mediate necessity, shall be in force and effect from and after its final passage, adoption and approval by the City Council and publication as provided by law. Passed upon first and second readings this 8th day of January, 1940. Passed, adopted and approved upon final reading this 5th day of February, 1940. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL, A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerlc. Published officially in The Telegraph- Herald newspaper this 7th day of Feb- ruary, 1940. J. J. SHEA, 2-7-1t, City Clerk. Councilman Van Duelman moved the adoption of the ordinance, Seconded by Councilman Clark. Carried by the fol- lowing vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton, Nays-None. Resolution No, fi-40. ,~~~ u 20 Regular Session, Be It Further Resolved, that the bonds tiled with the applications be ap- proved. Passed, adopted and approved this Sth dap of February, 1940. G>~O. R. MURPHY, Mayor. FRANK VAN DUIaI-,P~IAN, ALBERT WHARTON, CARL, A. CLARK, F. 1~'. THOkIPSON, Councilmen. Attest: J. J. SHEA, Cit}' Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Clark. Carried by the following vote: Yeas-l~iayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Naps-None. Resolution No, E-40 WHEREAS, applications for Class "B" Beer Permits have been submitted to this Council for approval and the same have been examined; Now, There- fore, Be It Resolved, by the Council of the Citv of Dubuque that the following ap- plications be and the same are hereby approved and it is ordered that the premises to be occupied by such appli- cants shall be forthwith inspected. Class "B" Permit. Name Address Louis Anthoine and Angella Anthoine, 119 1Vest Sixth Street. Philip Mihalakis (Transfer of address froth S00 E. 22nd St.), 169b Maple St. Arthur J. Spahn (Transfer of address from =410 nth Ave.) 1766 Central Ave, Nlrs, il'Iargaret Clancy and Dorrance Clancy (Transfer of address from 469 1~Iain Street), 336 Main Street_ Passed, adopted and approved this Sth day of February, 1940. GEO. R. 1•,fURPHY, Mayor, PRANK VAN DUELMAN, ALBERT 1VHARTON, CARL A. CLARK, P. 1V. THOIIPSON, Councilmen. Attest: J. J. SHEA, City Clerlc. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Wharton. Carried by the following vote, Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. 5th, 190. Resolution No. 9-40. 1Vhereas, heretofore applications were filed by the within named appli- cants for Class "B" Beer Permits and they received the approval of this Coun- cil; and tiVhereas, 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 I1lanager he and he is hereby directed to issue to the following named persons a Beer Permit. Class "B" Permit. Name Address Louis Anthoine and Angella Anthoine, 119 1-Vest Sixth Street. Philip IVlihalakis (Transfer of address from 500 E. 22nd St.), 1698 Maple St. Arthu!- J. Spahn (Transfer of address from 4l0 8th Ave.) 1766 Central Ave, 11Irs, lllarg~aret Clancy and Dorrauce Clanc}~ (Transfer of address from -}69 Main Street), 336 Main Street. 1V. P. Trimpler (Transfer of address from S74 E. 16th, St.) 1654 Central Avenue. 11%m. C, Miller (Transfer of address from 3$ West ~Ith St.) ~I00 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 Sth clay of February, 19=40. GEO. R, MURPHY, Mayor. FRANK VAN DUEI,MAN, ALBERT WHARTON, CARL, A. CLARK, F. 11j. THOMPSON, Attest: J. J. SHI•A, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Clark, Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Councilman Clark moved that the City 11lauager be instructed to advertise for bids for the printing of the index and binding of the Council Proceedings for the }year 1939. Seconded by Coun- cilman Van Duelman, Carried by the following vote: Yeas-Nlayor Mttrohy, Councilmen Clark, Thompson, Van Duelman, Wharton, Naps-None. Regular Session, 5th, 1940. 21 Councilman Van Duelman moved that Mr. John Schaetzle be appointed as a member of the Civil Service Com- mission to fill the unexpired term of Walter J. Rawson, recently resigned, said term expiring IVlarch 31st, 1942. Seconded by Councilman Wharton. Carried by the following vote: Yeas- Nlayor Murphy, Councilmen Clark, Thompsin, Van Duelman, What•ton. Nays-None. There being no further business, Coun- cilman Van Duelman moved to adjourn, Seconded by Councilman Clark. Car- ried by the following vote: Yeas- Nlayor Murphy, Comuncilmen Clark, Thompson, Van Duelman, Wharton, Nays-None. J• J• sHEA, City Clerk. Approved ______________________1940, Adopted ________________________1940, Councilmen: 1_______________________ Attest: ----------------------------- City Clerk, 1 22 Special Session, F r~~~~k ~~~~~~~~`~ (Official.) Special Session, February 26th, 19-40. Council met at 8:30 P. 14 Present-r1~Iayor IVlurph}~, Council- men Clark, Thompson, Van Duelman, Wharton, City Manager Rhomberg. Meeting called by order of Council- men Clark and Wharton. Mayor k~Ituphy read the call and stated that service thereof had been duh~ made and that this meeting is called far the purpose of conducting a public hearing upon a proposal to amend and change the Zoning 1~Iap of said City in the following respects: By changing from "Two-Family Residence District" to "Local Business District," the area described as follows: "Com- mencing at the Westerly end of the present Local Business District at ~~. Dodge and Blttff Streets at a point i0D feet Northerly of the Northerly prop- erty line of Dodge Street, thence Wes- terly parallel to, and 100 feet Norther- ly front, the Northerly property line of Dodge Street to the Easterl}- line of I,ot 1 of 2 of b~Iineral I,ot 66, thence Southerl}• to the center line of Dodge Street, thence 1esterly along the cen- ter line of Dodge Street to a point 328 feet Vesterly of the Westerly line of the Southerly 100 feet of Lot 2 of 2 of Mineral Lot 66, thence Northerly to a point 100 feet Northerly from the Nor- therly property line of Dodge Street, thence Westerly 35-4 feet along a line parallel to, and 100 feet Northerly from, the Northerly property line of Dodge Street, thence Southerly to the center line of Dodge Street, thence Easterly along the center line aE Dodge Street, to the center line of Bryant Street, thence Southerly along the center line of Br}pant Street to a point 100 feet Southerly from the Southerly property line of Dodge Street, thence Easterly on a Line parallel to, and 100 feet Southerly from, the Southerly property line of Dodge Sheet to the Westerly end of the present Local Business Dis- trict at Dodge and Bluff Streets, thence Northerly along the Westerly end of the present Local Business District at Dodge and Bluff Streets to the point of beginning," and acting ou any other business as may properly come before a regular meeting of the City Council. Proof of publication, certified to by the publishers, of the notice of a public hearing upon a proposal to amend and change the Zoning Map of said City 26th, 1940. is the tollowing respects: By changing from "'1'tto-Family Residence District" to "Local Business District," the area described as follows: "Commencing at the Westerly end of the present Local Business District at Dodge and Bluif Streets at a point I00 feet Northerly of the Northerly property line of Dodge Street, thence Westerly parallel to, and i0D feet Northerh' from, the Northerly property lice of Dodge Street to the Easterl}° line of I,ot 1 of 2 of Mineral Lot 66, thence Southerly to the center line of Dodge Street, thence 11'esterly aloug~ the center line of Dodge Street to a point 328 feet Westerly of the 1r~"esterl}~ tine of the Southerly 100 feet of Lot ? of 2 of \~Iineral Lot 66, thence Northerly to a point 100 feet Northerly from the Northerly property line of Dodge Street, thence tiVesterly 38-4 feet along a line parallel to, and 100 feet Northerly from, the Northerly property line of Dodge Street, thence Southerly to the center line of Dodge Street, thence Easterly along the Center line of Dodge Street, to the center line of Bryant Street, thence Southerly along the center line of Bryant Street to a point 100 feet Southerly from the South- erly property line of Dodge Street, thence Easterly on a lice parallel to, and 100 feet Southerly from, the South- erly properh~ line of Dodge Street to the Zesterly end of the present Local Business District at Dodge and Bluff Streets, thence Northerly along the 1esterly end of the present Local Business District at Dodge and Bluff Streets to the point of beginning, pre- sented and read. No written objections filed and no objectors present iu the Council Chamber. Councilman Van Duelman moved that the proof of pub- Iicatiou be receiaed and filed. Second- ed by Councilman Wharton. Carried by the follo~eing vote: Yeas-Mayor 1lurphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Notice of Claim of Mrs. W. C. Chase in the amount of $350,00 far personal injuries sustained in a fall on au icy sidewalk on Sixth Street betetweeu IVlain and Iowa Street mt the steep part of the sidewalk by the side of the old Kin- ney Shoe Store, presented and read. Conncilman Clark moved to refer the notice of rlaim to the Cit}~ Solicitor for investigation and report. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Nlayor 1~Iurphy, Councilmen Clark, Thompson, Van Duelman, 1Vharton. Dlays-Noce. Notice of claim of Regina I1Ic~'Ian,us in an unknown amount for personal in- juries sustained in a fall on icy side- walk near the City steps on West Fifth Street, presented and read. Cotmcihnan Clarlc moved to refer the notice of claim to the City Solicitor for investigation Session, February 26th, 1940, and report. Seconded by Councilman Thompson. Carried by the fotlo~ying vote: Yeas-Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton. Nays-Noce, Notice of claim of Robert Erschen in the amount of $67.00 for personal in- juries and damages sustained in falling on an icy and defective sidewalk on the south side of West Third Street just Nest of Alpine Street, presented and read. Councilman Clark moved to re- fer the notice of claid to the City Solic- itor for investigation and report Sec- onded by Conncilman Thompson, Car- ried by the following vote: Yeas- Mayor 14lurphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Notice of claim of Viola Meyers in the amount $3,000.00 for personal inju- ries sustained iu falling on an icy side- walk on the easterly side of Central Avenue opposite and in front of 1746 Central Avenue, preesented and read. Councilman Clark moved to refer the notice of claim to the City Solicitor for investigation and report. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Communication of the Executive Committee of the Dubuque Master Plumbers' Assn. and Dubuque Journey- men Plumbers' Local Number 66 sub- mitting attached additions and proposed changes to the Plumbing Ordinance, presented and read. Councilman Whar- ton moved that the rules be suspended for the purpose of allowing any one present in the Council Chamber, who wishes to do so, to address the Coun- cil. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton. Nays-None. Messrs. Irvin Seubert and Harry Lewis addressed the Council requesting that the proposed changes and additions to the Plumbing Ordinance be acted upon favorably by the City Council. Councilman Whar- ton moved that the communication and attached additions and proposed changes to the Plumbing Ordinance be referred to the City Solicitor for inves- tigation and report. Seconded by Councilman Van Duelman. Carried by the following rote: Yeas-Mayor 1lfurphy, Councilmen Clarlc, Thompson, Van Duelman, Wharton. Nays-None. Conmiunication of County Auditor Daykin advising the City Council that the County of Dubuque is about to take Treasurer's Deed on several hundred pieces of property under certificates purchased by it at scavenger sale or 23 under the public bidder's statute and asking the City Council to give the Board of Supervisors blanket authority to sell property for less than the amount of taxes, interest and penalties due against it when the delinquency is more than the value of the property, presented and read. Councilman Whar- ton moved that the communication be referred to the City Manager and City Solicitor to confer with the Count}~ Auditor on this matter and to consider each piece of property separately and report on each to the City Council. Seconded by Councilman Van Duel- man, Carried by the folloting vote: Peas-Mayor 1\~Iurphy, Councilmen Clark, Thompson, Van Duelman, 1~'hartou. Nays-None, Petition of Board of Directors of the k~Iount Pleasant Home requesting per- mission to connect a Gamewell fire alarm system for their children quar- ters with the City Master fire alarm box located at the end of 1~It. Pleasant Avenue in case their plan materializes, presented and read. Councilmen Van Duelman moved that the request be granted. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Alayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton. Nays-None. Petition of Fidelity and Deposit Company, by William Zumhof, Agent, requesting the cancellation of the Ex- cavation Bond of Nesler & Buechel as said firm has been dissolved, presented and read. Councilman Clarl; moved that the request be granted and that the Cit}~ Clerk be instructed to notify Mr, William Zumhof of the action taken by the City Council. Seconded by Coun- cilman Thompson. Carried by the fol- lowing vote: Yeas-Mayor 11lurph}', Councilmen Clarlc, Thompson, Van Dnedmau, Wharton. Nays-None. Petition of Walter W. Paisley and Rebecca L. Paisle}~ asking the City Council to reduce the assessment levied against Lot 2 of I,ot 23 of Grandview Heights Addition to an amount not ex- ceeding $40.00, or, that the assessment be reduced to an amount as will be just and equitable under the facts and circumstances as set forth in their petition, presented and read. Council- man Clark moved to refer the petition to the City 1Vlanager and City Solicitor for investigation and report. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Rlurphy, Councilmen Clarlc, Thompson, Van Duelman, ~Vhartou. Nays-None. Verbal report of Cite Solicitor Kinta- inger, concurred in by City Manager Rhomberg, upon the petition of Walter W. Paisle}~ and Rebecca L,. Paisley pre- ~' F I'! ~ (I i j~ fi ~ !~~%' ~~ i 7, ~~ I I, ~'', i' I i~ E; i I',',li I j l,',~ "'~~~' i Il'i,, rented and recommending that ZValter W. and Rebecca Paisley be granted permission to pay the principal of the delinquent special assessment levied against Lot 2 of Lot 23 of Grandview Heights Addition by the payment of the principal plus 5R/o straight interest per annum and advertising costs, the balance of interest and penalties to be waived and the County Treasurer to he instructed accordingly. Councilman Vau Duelman moved that the verbal recommendation of City Solicitor Kintzinger, concurred iu by City Matr- ager Rhomberg, be approved and the County Treasurer to be instructed ac- cordingly. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor 1lfurphy, Council- men Clark, Thompson, Van Duelman, Wharton. Nays-None. Petition of John R. Blondin, et al, requesting the installation of a sheet light on Roosevelt Street midway be- tween the present lights located at Prescott Street and Jansen Street, pre- sented and read. Councilman Thomp- son moved that the petition be referred to the City Council to view the grounds. Seconded by Councilman Clark. Car- ried by the following vote: Yeas- Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Petition of NI. J. Wells, advising Council that he contemplates the pur- chase of Lot S in Pinehurst Subdivision, and asking the City Comtcil to cancel interest and penalties and charge a straight five per cent interest on the delinquent items, presented and read. Councilman tiVharton moved that the petition be referred to the City Man- ager and City Treasurer for investiga- tion and report. Seconded by Council- man Clark. Carried by the following vote: Yeas-Mayor Murphy, Council- men Clark, Thompson, Vau Duelmaa, 1Vharton. Nays-None. Petition of Lillian L. Hargus, re- ferred to the City Council by the Board of Supervisors, requesting suspension of the 1939 taxes on lot 1 of 1 of 1 of City Lot.667, preesented and read. Councilman Van Duelman moved to re- for the petition to the City Solicitor for investigation and report. Seconded by Councilman Clark. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Petition of Conlon Hudson Company et al, Automobile Dealers of Dubuque, requesting the elimination of the one hour parking restriction in front of their respective places of busines on all cars bearing the Dealer's plates, pre- sented and read. Councilman Thomp- son moved to refer the petition to the City Council for further consideration. Seconded by Cowtcilman Clark. Car- ried b}' the following vote: Yeas- illavor Murphy, Councilmen Clark, Thompson, Van Duelmaa, Wharton. Nays-None. Proof of publication, certified to by the publishers, of a statement of re- ceipts and also a list of claims for which warrants were drawn during the month of December, 1939, presented and read. Councilman Clark moved that the proof of publication be received and filed. Seconded by Councilman Thompson. Carried by the followfng vote: Yeas- blayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. February 10, 19-10. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen-I herewith submit the reports of the City Health, City Audit- or, City Treasurer, and City Water De- partment for the month of January, 1940, also a list of claims and list of payrolls for which warrants were drawn during the month of January, 1940. Respectfully submitted, A. A, RHOMB1aRG, City I1lanager. Councilman Clark moved that the re- ports be received and placed on file. Seconded by Councilman Thompson. Carried by the following vote: Yeas- Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton, Nays--None. February 26, 1940. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen,-In compliance with your instructions, bids were taken for the printing of the index and the binding of the Council proceedings for the calen- dar year 1939. Two bids were received, that of the Times Hotel Register Co. for 594.75 and from the Telegraph-Her- ald for $9S.S0. l;ncertainty has arisen regarding the ~ualfty of workmanship required in th~~ hindiug. For this reason I recommend that a!I bids be rejected. Respectfully submitted, A. A. RHOMBi•RG, City Manager. Councilman Clark moved that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Mur- phy, Councilmen Clark, Thompson, Van Duelman, Wharton. Navs-None, Session, February 26th, 1940, February 26, 1940. To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen-Herewith is the written offer of the J. J. Nagle Istate by Jahn Nagle of $100.00 for tax certificate No. 1927 for special assessment held by the City of Dubuque against Lot 2 of the West 116 feet of City Lot 703. Unless this property is redeemed by February 27, 1940, Dubuque County will acquire it by treasurer's deed and city's tax sale certificate 1927 will be wiped out. I recommend that the of- fer be accepted and the City Treasurer instructed to surrender Certificate No. 1927 upon the receipt of the money. Respectfully submitted, A. A. RHOMB$RG, City Manager. Councilman Wharton moved that the recommendation of City Manager Rhomberg be approved and the City Treasurer to be instructed to surrender Certificate No. 1927 to J. J. Nagle Es- tate, upon the payment of $100.00, this certificate being held by the City for special assessment against I,ot 2 of the West 116 feet of City Lot 703. Seconded by Councilman Van Duel- man. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompsmt, Van Duelman,Whar- ton. Nays-None, February 26, 1940. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen-At the session of the City Council held January 2, 194Q, the petition of 1lerlyn B. Kurt requesting that he be allowed the sum of $60.00 for the replacement and labor of the sanitary sewer connection from the main sewer to the curb at his property located at 874 South Grandview Ave- nue was referred to the City Manager and City Solicitor for investigation and report. We have investigated the case and find that the sanitary sewer connection from the main sewer to the curb was defective and recommend that the Au- ditor be instructed to draw a warratrt in favor of Merlyn B. Kurt in the sum of $60.00 in full settlement of his claim. Respectfully submitted, A. A. RHO7vIB1;RG, City Manager. JOHN J. IiINTING$R, City Solicitor. Councilman Clark moved that the recommendation of City Manager Rhomherg and City Solicitor Kintzing- er be approved and the City Auditor in- structed to draw a warrant in the 25 amount of $60.00 in favor of Merlyn B. Kurt as settlement in full of his claim for the replacement and labor of the sanitary sewer connection at his prop- erty located at 874 South Grandview Avenue. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Murphy, Council- men Clark, Thompson, Van Duelman, 1~%harton. Nays-None. February 10, 1940. Honorable Mayor and City Council, Dubuque, Iowa. Re: Claim of Mary R. Hense, Gentlemen: With reference to the suit com- menced in the District Court of Du- buque County, Iowa, entitled No. 29340 Law, Nlary J;. Hense vs. the City of Dubuque, claiming $1,000.00 of the City of Dubuque for injuries susatined by plaintiff on or about August 30, 1939, when she fell in front of the Niolo Oil Company on the North side of West in and Iowa Sth Street, between Ma Streets, at which time she received se- rious injuries, among which was a brok- en wrist and other injuries, far which injuries and expenses she has sued. I have invetigated this case and have consulted with the attorney for the plaintiff and after investigation, plain- tiff has agreed to accept $25.00 plus Court Costs in the amount of $5.95, for which plaintiff will dismiss said action, with prejudice and sign a release in full settlement of this claim. I would re- spectfully recommend that the claim be allowed in the sum of $25.00, plus $S.9S Court Costs, and that a warrant be is- sued payable to $arl Scharry, attorney for iblary F. Hense, in the sum of 525.00 and a warrant be issued payable to the Clerk of the District Court itt the sum of $5.95, and that the same be delivered upon the execution by claim- ant of the inclosed Receipt and Release. Respectfully submitted, JOHN J. KINTZINGIaR City Solicitor. Councilman Thompson moved that the recommeudatio not City Solicitor Kintzinger be approved and the City Auditor instructed to draw a warrant in the amount of $25.00 in favor of Itarl Scharry, Attorney for Mary $. Hense and also to draw a warrant in the amount of $5.95 in favor of Clerlc of the District Court to cover court costs as seettlement in full of the claim and suit of Mary >•. Hense, said warrants to be delivered upon the execution by claimant of a receipt and Release. Sec- onded by Councilman Clark. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. I' i III it 'j '~ I I! I ii, ~ '~' `''. s,. ~'~ l I lo-, n14, i!~ ~;f ~ li,~", ~i~l~i, ~i ~i (~ Iii i~ l,l,, ~;,~!~ ~.I'EI' E6' 1 i,', ~~ ~I I ~I~I ~, I'~ , ~r ~' i "I'~ I' ~~~'~ ~ ~i~~~; V, i' ~. i. i~ I ~i,l r r°,' i.. ~'', I, {'~; 26 Session, February 26th, 1940. February 10, 1940. Honorable 11~Iapor and City Council, Dubuque, Iowa. Re: Applications for Tax Suspension, Gentlemen: I herewith return to yott the follow- ing Applications for Suspension of Taxes for the year 1939: Josephine Flynn, 162 Locust St., N. tiI. 20 feet of City I,at 83. Catherine S. I,undbeck, Lot 242 tiVoodlavvu Park Addition. John J. and H. L. Lundheck, Lot 11 Cox Addition, attd with reference thereto report as follows: That the City Council should approve the Petition of Josephine Flynn, and that the Board of Supervdsors should be notified of said approval. With reference to the petition of Catlteerine S. Lundbeck, and John J. and H. L. Luudbeck, Section 6950 of the Statute provides: `'whenever a person, by reason of age or iuhrmity, is unable to contrib- ute to the public revenue, such person may file a Petition, duly sworn to, with the Board of Supervisors, stat- ing such facts, etc." These Peti±ions give as a reason "un- able to pap"; this is not in compliance with the Statute. The John J. and H. L. Lundbeck petition is signed by Catherine S. Lundbeck, and the ]aw provides that the person owning the property may file a Petition, duly sworn to. Both of these Petitions are not in conformity ta~ith the lave and I am therefore of the opinion that the same should not be approved by the Council. Respectfully submitted, JOHN J. ICINTZINGER, Citr Solicitor. Councilman Van Duelman moved that the recommendation of City Solic- itor Itintzinger be approved and that the petition of Josephine Flynn request- ing suspension of the 1939 taxes on the N. M. ZO feet of City Lot 83 be grant- ed and the Board of Supervisors to be notified of the action of the City Coun- cil also that the petition of Catherine S. Lundbeck requesting suspension of the 1939 taxes on I,ot 242 Woodlavvn Park Addition and the petition of Jahn J, and H. I,. Lundbeck requesting suspension of the 1939 taxes on Lot 11 of Cox Ad- dition be denied, as said petitions do not conform with the Statute, and the Board of Supervisors to be notified of the action of the City Council. Sec- onded by Councilman Thompson. Car- ried by the following vote: Yeas- Nlayor Murphy, Councilman Clark, Thompson, Van Duelman, Wharton. Nays-None. (Jrdiuance No. 2--}0. Au ordinance amending and changing the 'Coning \~Iap of the City of Dubuque as pro- vided by Ordinance No. 3-3~, desig- nated "Zoning Ordinance of the City of Dubuque," so as to change to "Local Business District," certain defined ter- ritorp now delimited as "Two-Family Residence District," and declaring an emergency, presented and read. Council- man Vau Dtteiman moved that the read- ing just had be considered the first reading of the ordinance. Seconded by Councilman Wharton. Carried by the follovciug vote: Yeas-Mayor Mur- phy, Councilman Clarlc, Thompson,Van Duelman, SVharton. 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: Peas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman,lVhar- ton, Nays-None. The ordinance was then read a second time. Councilman Vau Duelman moved that the reading just had be considered the second read- ing of the ordinance, Seconded by Councilman Wharton. Carried by the following cote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, 1Vharton. Nays-None. Councilman Van Duelman moved that the iollorring places be selected as voting places for the General Municipal 1•lecrion to he held March 25th, 1940. Seconded by Councilman Thompson. Carried by the following vote: Yeas- \fayor Mm•phy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. 1st Precinct-No. 5 ;~ugine House, Grandview Avenue and Bryant Street; Zud Precinct-Washington Junior High School, Grandview Avenue and Dodge Street; 3rd Precinct-Franklin School, Jones and Bluff Streets; 4th Precinct- Court House, 7th Street and Central Avenue; 5th Precinct-Lincoln School, 1-Vest 5th and Nevada Streets; 6th Pre- cinct-Irv7ng School, Delhi and Irvine Streets; ith Precinct-City Hall, 13th Street and Central Avenue; Sth Pre- cinct-Chamber of Commerce Btulding, 9th and Locust Streets; 9th Precinct- No. 1 $ngine House, 18th Street and Central P,venue; 10th Precinct-Central High School Building, 15th and Locust Streets; 11th Precinct-Iiohhnan Build- ing, 1S I~ast 21st Street; 12Th Precinct -Fulton School, 2537 Central Avenue; 13th Precinct-Lemper Building, 274 Jackson Street; 14th Precinct-Audu- bon School, Lincoln Avenue and John- son Street; 15th Precinct-Marshall School, 1450 Rhomberg Avenue. There being no further business, Councilman 1Vharton moved to ad- Special Session, February 26th, 1940. 27 journ. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Murphy, Covncil- meen Clark, Thompson, Van Duelman, Wharton. Nays-None. J. J. SH>:A, City Clerk. Approved ______________________1940. Adopted ________________________1940. Councilmen: {_______________________ Attest: ----------------------------- City Clerk.