1940 May Council ProceedingsRegular Session, 1blay 6th, 1944 97
City Council
(Official)
Regular Session, May 6th, 1940.
Council nret at 7:40 P. M.
Present -Mayor Thompson,
Councilmen Mm•phy, Schueller, Van
Duelman, Wharton, City Manager
Rhomberg.
Mayor Thompson stated that this
is the regular monthly meeting of
the City for the purpose of acting
upon such business as may proper
ly come before the meeting.
Petitimr of Shiloh Circle, No. 37,
Ladies of the Grand Army of the
Republic, requesting permission far
the holding of a Tag Day on Saturn
day, September 21, 1940, presented
and read.
Councilman Van Duelman moved
that the request be granted. Sec-
onded by Councilman Wharton.
Carried by the following voter
Yeas-Mayor Thompson, Council-
men Murphy, Schueller, Van Duel-
man, Wharton.
Nays-None.
Proof of publication, certified to
by the publisher, of notice of meet-
ing for the issuance of $8,500.00
Dock Bonds, presented and read.
No written objections filed and no
objectors present in the Council
Chamber,
Councilman Murphy moved that
the proof of publication be received
and filed. Seconded by Councilman
Van Duelman. Carried by the fol-
lowing vote:
Yeas-Mayor Thompson, Council-
men Murphy, Schueller, Van Duel-
man, Wharton.
Nays-None.
Proof of publication, certified to
by the publisher's, of notice of. sup-
plemental estimate of taxes for the
issuance of $8,500.00 Dock Bonds,
presented and read. No written ob-
jections filed and no objectors pres-
ent in the Council Chamber.
Councilman Murphy moved that
the proof of publication be received
and filed. Seconded by Councilman
Van Duelman. Carried by the fol-
lowing vote:
Yeas-Mayor Thompson, Council-
. men Murphy, Schueller, Van Duel-
man, Wharton.
Nays-None.
Proof of publication, certified to
by the publisher, of the notice of
sale of $8,500.00 Dock Bonds, pre-
i sented and read.
Councilman Murphy moved that
the proof of publication be received
~ and filed. Seconded by Councilman
Van Duelman. Caned by the fo]-
lowing vote:
Yeas-Mayor Thompson, Council-
men Murphy, Schueller, Van Duel-
man, Wharton.
Nays-None,
• Bids for the sale of $8,600.00
Dock Bonds: Oral bid of Vieth,
Duncan & Wood, Par and accrued
interest plus a premium of $10.00,
interest coupons at ls/4 per cent,
also pay for the 'legal opinion of
Chapman & Cutler, Attorneys.
Sealed bids were then opened and
showed the following bids: Baum,
Bernheimer Company, Par and ac-
crued interest plus a premium of
42 cents per thousand dollars, in-
terest coupons at 1 per cent, also
to pay for the legal opinion of
Chapman & Cutler, Attorneys; The
White-Phillips Compauy, Inc., Par
and accrued interest plus a prem-
ium of $26.60 interest coupons at
11/4 per cent, also to pay for the
legal opinion of Chapman & Cutlet,
Attmrneys; Dubuque City Water
Works, Par and accrued interest
with interest coupons at 11/z per
cent.
Resolution No. 36-40. Resolu-
tion providing for the sale and
award of $8,500.00 Dock Bonds and
approving and authorizing the
agreement of such sale and award,
presented and read.
Councilman Murphy moved that
the resolution be placed on file
with the City Clerk for public in-
spection for at least one week.
Seconded by Councilman Schueller.
Carried by the following vote:
Yeas-Mayor Thompson, Council-
men Murphy, Schueller, Van Duel-
man, Wharton.
Nays-None.
Ordinance No. 6-40. An ordin-
ance authorizing the issuance of
$8,500.00 Dock Bonds and provid-
ing for the payment of the same,
presented and read.
Councilman Murphy moved that
the ordinance be placed on file
with the City Clerk for public
inspection for at least one week.
Seconded by Councilman Schueller.
Carried by the following vote:
Yeas-Mayor Thompson, Council-
men Mm•phy; Schueller, Van Duel=
man, Wharton.
Nays-None.
Petition of Julius Boyer et al.
requesting that water mains be
placed on Samuel Street and also
that the Health Depat•tment's at-
tention be called to the homes on
Southern Avenue without adequate
toilet facilities, presented and read.
Councilman Wharton moved that
the petition be referred to the Citiy
Council to view the grounds. Sec-
onded by Councilman Van Duel•
98
ular Session, May 6th, 1940
mau. Carried by the following
vote:
Yeas-Mayor Thotnpsmi, Coun•
man Murphy, Schueller, Van DueI-
man, Wharton.
Nays-None.
Notice of claim of Mrs. Cather•
ine McCabe iu the amount of
$G00.00 for injuries sustained iu a
fall on an icy sidewalk in front
of Edwards on Seventh and Maiu
Streets, presented and read.
Councilman Wharton moved that
the Notice of Claint be referred
to the City Solicitor for iuvestiga•
tiou and report. Seconded by Coun•
Gilman Van Duelman. Carried by
the following' vote:
Yeas-Mayor Thompson. Coun-
cilmen Murphy, Schueller, Van
Duelman, Wharton.
Nays-None.
Notice of claim of Mt•s. F. E.
Lechtenberg in an u n s t a t e d
amount for injuries sustained in
a fall by her daughter on Alpine
Street between West Fifth and
Julien Avenue, presented and read.
Councilman Wharton moved that
the Notice of Claim be referred to
the City Solicitor for investigation
and report. Seconded by Couucil•
mau Van Duelman. Carried by the
fallowing vote:
Yeas-Mayor Thompson, Council-
men Murphy, Schueller, Vau Duel-
man, Wharton.
Nays-Noce.
Notice of Claim of Bud Kenueal•
ly iu the amount of $5.00 for dour
ages to his automobile caused in
striking a manhole on Stanton
Street the cover of said manhole
becoming loose and allowing the
rear wheel of his car to drop into
the manhole, presented and read.
Couhcihnan Wharton moved that
the Notice of Claim be referred to
the City Solicitor for investigation
and report. Seconded by Couucil-
mau Van Duelman. Carried by the
following vote:
Yeas-Mayor Thompson, Council-
men Murphy, Schueller, Van Duel-
man, Wharton.
Nays-None.
Communication of Iowa Municipal
Accounting Officers Association ex-
tending' an invitation to the account-
ing officials of the City of Dubuque
to attend the meeting to be held
in Des Moines, Iowa, on May 1G,
17 and 18, presented and read.
Councilman Murphy moved to re•
fer the comiitunication to the City
Council. Seconded by Councilman
Schueller. Carried by the following
vote:
Yeas-Mayor Thompson, Council-
men Murphy, Schueller, Van Duel-
man, .Wharton.
Nays-None.
Communication of George E.
Leach, Mayor of 114inueapolis, 1VIin•
nesota, extending au invitation to
the Mayor, Members of the City
Council and citizens of Dubuque
to attend the annual Aquatennial
to be held at Minneapolis ou July
20 to July 28, 1940,'presented and
read.
Councilman Mm•phy moved to re•
fer the communication to the City
Council. Seconded by Councilman
Wharton. Carried by the follow-
ing vote:
Yeas-Mayor Thompson, Council-
men Murphy, Schueller, Vau Duel•
man, Wharton,
Nays-None.
Communication of Victor Hoerst•
mann making application for the
exclusive concession privilege at
the Municipal Athletic Field for
the year 1940, presented and read.
Councilman Schueller moved that
the communication be referred to
the Playground and Recreation
Conunission. Seconded by Council•
man Murphy. Carried by the fol•
lowing' vote:
Yeas-Mayor Thmnpson, Council-
men Murphy, Schueller, Van Duel•
man Wharton.
Arays-None.
Petition of I. C. Chatnber•laiu &
Sou requesting that the Excavation
Bond of F. J. Rellihan be returned
to them relieving the Surety of
any further liability as Mr. Relli-
han has advised that he does not
desire renewal of said hood, pre-
sented and read.
Councilman Wharton moved that
the Excavation Bond of F. J. Relli-
hau be released from any future
liability and that said Bond is to
remain on file with the City of
Dubuque. Seconded by Councilman
Vau Duelman. Carried by the fol-
lowing vote:
Yeas-Mayor Thompson, Council•
men 114urphy, Schueller, Van Duel•
man, Wharton.
Nays-Norte.
Petition of A. J. Vogelsberg re•
questing a refund iu the amount
of $10.00 on License No. 127 for
the operation of a restaurant lo•
Gated at 29 Eighth Avenue as this
license was purchased iti error and
is a duplicate, presented and read.
Councilman Van Duelman moved
that the request be granted and
that the City Auditor be instructed
to draw a warrant in the amount
of $10.00 in favor of A. J. Vogels-
berg to cover the amount of re•
fund granted ou duplicate restaur-
out license No. 127. Seconded by
Couucihnau Wharton. Carried by
the following vote:
Yeas-Mayor Thompson, Council•
Regular Session, May 6th, 1940 99
men Mm•phy, Schueller, Van Duel-
man, Wharton.
Nays-None.
Petition of Cxus Weruimont et al.,
property owners, requesting the
paving of the alley first South of
Dodge Street from South Booth
Street to South Grandview Avenue,
presented and read.
Cotincihnan Murphy moved that
the petition be referred to the City
Council to view the grounds and
for the purpose of checking said
petition as to the numbers of prop-
erty owners tvho signed- said peti-
tion. Seconded by Councilman
Wharton. Carried by the following
vote:
Yeas-Mayor Thompson, Council-
men Murphy, Schueller, Vau Duel-
man, Wharton.
Nays-None.
Petition of Mrs. Agnes Jones et
al. requesting that the advertising
sign located on the Southwest cor-
ner of the Intersection of West
14th Street and Wood Streets be
ordered removed, presented and
read.
Councilman Schueller move d
that the petition be referred to the
City Council to view the grounds.
Seconded by Councilman Van Duel•
man. Carried by the fallowing
vote:
Yeas-Mayor Thompson, Council•
men Murphy, Schueller, Van Duel-
man, Wharton.
Nays-None.
Petition of The Daily Tribune re•
questing the City Council to t•ecan•
sides their action iu allowing the
printing of the Council pamphlets
to the Telegraph-Herald and pass a
Resolution allowing The Daily Trt•
bune to continue said work, pre•
sented and read.
Councilman Schueller move d
that the petitimt be referred to the
Council for consideration. Second-
ed by Councilman 14Turphy. Carried
by the following vote:
Yeas-Mayor Thompson, Council-
nteu Murphy, Schueller, Van Duel-
man, Wharton.
Nays-None.
Petition of Frank E. Leonard, re-
ferred to the City Council by the
Board of Supervisors, requesting
suspension of the 1939 taxes ou Lot
5 of 2 of City Lot 720, presented
and read.
Councilman Vau Duelman moved
that the petition be referred to the
City Soiicitor for investigation and
report. Seconded by Councilman
Wharton. Carried by the following
vote:
Yeas-Mayor Thompson, Cowrcil-
men Murphy, Schueller, Van Duel•
man, Wharton.
Nays-None.
Petition of Mrs. Anna Kolf, re-
ferred to the City Council by the
Board of Supervisors, requesting
the suspensimi of the 1939 taxes ou
Lot 1 of A. L. Bt•own's Subdivision,
presented and read.
Councilman Van Duelman moved
that the petition be referred to the
City Solicitor for investigation and
report. Seconded by Councilman
Wharton. Carried by the following
vote:
Yeas-Mayor Thompson, Council-
men Murphy, Schueller, Van Duel-
man, Wharton,
Nays-None.
Petition of George J. Roepsch,
referred to the City Council by the
Board of Supervisors, requesting
the suspension of the 1939 taxes on
Lot 82 of McCrauey's 1st Addition,
presented and read.
Counciman Van Duelman moved
that the petition be referred to the
City Solicitor far investigation and
repot•t. Seconded by Councilman
Wharton. Carried by the following
vote;
Yeas-Mayor Thompson, Council-
men Murphy, Schueller, Vau Duel-
man, Wharton.
Nays-Noce.
Petition of Louis F. Fautsch, At-
torney for John J. Loftus, submit-
ting attached plat of the proposed
South Grandview Park Addition
and asking the approval of same
by the City Council, presented and
read.
Councilman Wharton moved that
the petition and plat be referred to
the Planning and Zoning Commis-
sion for their recommendation and
report. Seconded by Councilman
Van Duelman. Carried by the fol•
]awing vote:
Yeas-Mayor Thompson, Council-
men Murphy, Schueller, Van Duel•
man, Wirartou.
Nays-None.
April 30, 1940.
To the Honorable Mayor and City
Council, Dubuque, Iowa.
Gentlemeu:-
Herewith submitted is Profile No.
1297, showing the proposed grade
of Shelby Street from the north
property line of Seminary Street to
the end of said, street.
I recommend that the proposed
grade be approved as shown on
Profile No. 1297 and an ordinance
be passed establishing such grade
on Shelby Street.
Respectfully submitted,
A. A. RHOMBERG,
City Manager.
Councilman Van Duelman moved
that the recommendation of City
Manager Rhomberg be approved.
Seconded by Councilman Wkarton.
Carried by the following vote:
106 Regular Session, l2ay 6th, 1940
Yeas-Mayor Thompson, Council-
men Murphy, Schueller, Van Duel•
man, Wharton,
Nays-None.
Grant and Easement
Know all men by tLese presents:
That in consideration of $1.00 in
hand paid by the City of Dubuque,
Iowa, a municipal corporation, the
receipt ~vhel•eof is hereby ackno`vl-
edged, the undersigned being thq
ownel• of Lot 15, Marsh's Addition,
in the City of Dubuque, hereby
grants and conveys to said City of
Dubuque, a perpetual right of ease-
menC, in, over and across said Lot
15, Marsh's Addition, for the pur-
pose of constructing and maintain-
ing aStorm Water Sewer with the
right to go upon said pl•emises at
all reasonable times for the pur-
pose of inspecting and repairing
the same when installed; provided,
however, that said City of Dubuque
shall replace whatever earth, sad
or shrubbery that nlay be disturbed
in the installation or repair of said
Storm Water Sewer to as good
condition as it was in before the
same was disturbed.
This Gl•aut of Easement shall
be binding upon the undersigned,
his heil•s, executors, administra-
tors, purchasers and assigns for-
ever.
CLEM D. CUNNINGHAM.
ALMA CUNNINGHAM.
State of Iowa ~ ss,
Dubuque County
Be it remembered that on this
30th day of April, 1940, pel•sonally
appeared before me, a Notary yub•
lic, in and for Dubuque County,
Iowa, CLem D. Cunningham and
Alma Cunningham, who are pel•son-
ally known to me and acknowl-
edged that they executed the fore-
going instrument as their voluntary
act and deed,
GERALDINE L, DEMKIEIt,
Notary Public in and fm•
Dubuque County, Iowa.
Councilman Van Duelman moved
that the Giant and Easement be
made a matter of record and the
City Clel•k instructed to record the
same in the office of the County
Recorder. Seconded by Council-
man Wharton. Carried by the fol-
lowing vote:
Yeas-Mayor Thompson, Council-
men Murphy, Schueller, Valt Duel•
man, Wharton.
Nays-None.
Annual report of .the Librarian of
Carnegie-Stout Flee Public Lib-
rary presented.
Councilman Muuphy moved that
the annual report of the Librarian
4f Carnegie-Stout Free Public Lib•
ral•y be received and placed on file.
Seconded by Councilman Wharton.
Carried by the fallowing vote:
Yeas-Mayor Thompson, Council-
men Murphy, Schueller, Van Duel•
man, Wharton.
Nays-None.
Annual report of Board of Trus-
tees of Carnegie-Stout Free Public
Library presented,
Councilman Van Duelman moved
that the annual report of the Board
of Trustees of Carnegie•Stout Free
Public Library be received and
placed on file. Seconded by Coun•
Gilman Murphy. Carried by the Fol-
lowing vote:
Yeas-Mayor Thompson, Council•
men Murphy, Schueller, Van Duel-
man, Wharton.,
Nays-None,
Proof of publicatlon,, certified to
by the publishers, pf a statement
of receipts and also a list of claims
far which warrants were drawn
rlul'ing the month of March, 1940,
presented and read,
Councilman Van Duelman moved
that the proof of publication be re-
ceived and filed. Seconded by
Councilman Murphy. Carried by
the following vote;
Yeas-Mayel• Thompson, Council•
men Murphy, Schueller, Van Duel-
man, Wharton,
Proof of publication, certified to
by the publishers, of the financial
report of the City of Dubuque,
Iowa, for the fiscal year ending
March 31, 1940, presented and read.
Counoilman Van Duelman moved
that the proof pf publication be re-
ceived and filed. Seconded by
Councilman Schueller. Carried by
the following vote:
Yeas-Mayor Thompson, Council-
men Murphy, Schueller, Van Duel-
man, Wharton,
Nays-None.
Ordinance No. 4-40. An ordin•
once amending an ordinance en-
titled "Ordinance No. 4 - 33,"
and amendment thereto entitled
"Ordinance No, 6-37:' An or-
dinance providing that certain
businesses and vocations conduct-
ed 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 vo•
cations required to be licensed; re•
pealing Ordinance No, 6. 37 pro•
viding for remission of license
fees; and repealing all ordinances
or parts of ordinances in conflict
herewith, said ordinance having
been passed upon first and second
readings on April 10th, 1940, pre-
sented and read a third time.
ORDINANCE N0. 4.40.
An ordinance' amending an ordin-
ance entitled "Ordinance No. 4-33,"
Regular Session, May 6th, 1940 161
and amendment thereto entitled "Or-
dinance No. 6-37." An ordinance
providing that certain businesses and
vacations conducted in the City of Du-
buque shall be licensed; fixing the
license fee therefor; defining terms
employed; prescribing the regula-
tions which shall apply to businesses
and vacations required to be licensed;
repealing Ordinance No. 0.37 pt•ovid-
ing for remission of license fees; and
repealing all ordinances or parts of
ordinances in conflict herewith.
Be it ordained by the City Council
of the City of Dubuque:
Section 1. That an ordinance en-
titled "Ordinance No. 4-33," an ordi-
nance providing that certain busi-
nesses and vacations conducted in the
City of Dubuque shall be licensed;
fixing the license fee therefor de-
fining terms employed; prescribing
the regulations which shall apply to
businesses and vocations required to
be licensed; repealing all ordinances
or parts of ordinances in conflict here-
with and prescribing a penalty for
violation thereof, Ue, and the same is
hereby amended as follows:
By striking out of Sectlon 3 under
title "CARNIVAL, CIRCUS, SHOWS,
ETC." the figures "$50.00" and sub-
stituting in lieu thereof the figures
"$26.00," and by strl]ting therefrom
the figures "$25.00" and substituting
in lieu thereof the figures "$10.00."
Section 2, That Ordinance No. 6.37
being an amendment to Ordinance No.
4-33, the saute being with reference to
remission of license fees, be, and the
same is hereby repealed.
Section 3. This ordinance 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.
Section 4. All ordinances or parts
of ordinances in conflict with the pro-
visions of this ordinance are hereby
repealed.
Passed upon first and second read-
ings this 10th day of April, 1940.
Passed, adopted and approved upon
final reading this 0th day of Nlay,
1940.
F. W. THONIPSON, nfayor.
PRANK VAN DUELMAN,
ALBERT WHARTON,
B, A, SCHUELLER,
GEO. R. MURPHY,
Councilmen,
Attest: J, J, SHEA, City Clerk.
Published officially in the Tele-
graph-Herald newspaper this 8th day
of May, 1940,
J, J. SHEA,
5-8-1t City Clerk.
Councilman Van Duelman moved
the adoption of the ordinance.
Seconded by Councilman Wharton,
Carried by the following vote:
Yeas-Mayor Thompson, Council-
men Murphy, Schueller, Van Duel-
man, Wharton.
Nays-None.
Ordinance No. 5-40. An ordin-
ance amending an ordinance en-
titled "Ordinance No. 4-1933," An
ordinance providing that certain
businesses and vocations conduct-
ed in the City of Dubuque shall be
licensed; fixing a license fee there-
for; defining terms employed; pre•
scribing the regulations which shall
apply to businesses and vocations
requh•ed to be licensed; repealing
all ordinances m• parts of ordinances
in conflict herewith; and prescrib-
ing apenalty for violation hereof,
said mrdinance having been passed
upon first and second readings on
April 16th, 1940, presented and
read a third time.
ORDINANCE N0. 5-40.
An ordinance amending an ordi-
nance entitled "Ordinance No. 4-
1933." An ordinance providing that
certain businesses and vocations
conducted in the City of Dubuque
shall be licensed; fixing a license fee
therefor; defining terms employdd;
prescribing the regulations which
shall apPiy 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 violation
hereof.
Be it ordained by the City Council
of the City of Dubuque:
Section 1. That an ordinance en-
titled Ordhtance No. 4-1933, the di-
vision entitled "PEDDLERS AND
TRANSIENT MERCHANTS," Sec-
tion 5, entitled "TEMPORARY
VENDORS," be amended by strik-
ing out all of the last sentence of
said ordinance which reads as fol-
lows:
Anyone claiming to be a producer
or grower of food products offered
far sale as stated, or the agent m•
employee of the same shall file with
the City Manager a statement un-
der oath, to the effect that he is
such producer, agent, or employee."
And by substituting in lieu thereof
the following;
"Anyone claiming to be a producer,
or grower of food products offered
for sale as stated, or the agent or
employee of the same shall file with
the City Manager a statement under
oath by three bona fide residents of
the City of Dubuque to the effect
that such person is such producer,
agent, or employee."
Section 2, That all ordinances ot•
pacts of ordinances in conflict with
the provisions of this ordinance are
hereby repealed.
Section 3. This ordinance shall ba
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 10th day of April, 1940.
Passed, adapted and approved upon
final reading this 6th day of ilfay,
is4o.
r. W. THOntnsoN,
Mayor.
FRANK VAN DUELMAN,
ALBERT WHARTON,
B. A. SCHUELLER,
GEO. R. MURPHY,
Councilmen.
Attest: ,T. J. SHEA,
City Clerk.
Published officially in The Tele-
graph-Herald newspaper this 8th day
of Nlay, 1940.
J. J. SHEA,
5-8-1t City Clerk.
Councilman Van Duelman moved
the adoption of the ordinance.
Seconded by Councilman Wharton.
Carried by the following vote:
Yeas-Mayol• Thompson, Council•
men Murphy, Schueller•, Van Duel-
man, Wharton.
Nays-None,
102 Regular Session, May 6th, 1940
May 6, 1940.
To the Honorable Mayor and City
Council, Dubuque, Iowa.
Gentlemen:-
I herewith submit the report of
the City Auditor for the fiscal year
beginhing April 1, 1939, and ending
March 31, 1940.
Respectfully submitted,
A. A, RHOMBERG,
City Manager.
Councilman Van Duelman moved
that the annual report of the City
Auditor be received and placed on
file. Seconded by Councilmam Mur•
phy. Carried by the following
vote:
Yeas-Maym• Thompson, Council-
men Murphy, Schueller, Van Duel-
man, Wharton.
Nays-None.
May 6, 1940.
To the Honorable Mayor and City
Council, Dubuque, Iowa.
Gentlemen:-
At the session of the Council
held April 1st, 1940, the Petition of
Joseph P. Schiltz with plat attach-
ed, requesting approval of "English
Lane Subdivision" was referred to
the Council to view the grounds
and to the Planning and Zoning
Commission for their recommenda-
tion and report. The report of the
t'lauuing and Zouiug Commission
recommending approval of the
petition was received at the Coun•
oil meeting of April 16th. On April
19th the Council viewed the site
and decided to approve the petition
if some assut•ance could be had
about obtaining the necessary right
of way on the east side to make a
40-foot stt•eet of English Lane.
I have since interviewed Mrs.
Paul T. Woodworth, who with her
husband owns the frontage on the
east side of English Lane, and she
agreed to dedicate the 7.5 feet nec-
essary to make a 40-foot street of
English Lane.
Therefore, I recommend that the
Council approve the report of the
Plaurting and Zouiug Corumissiou
and adopt the attached Resolution
relating thereto.
Respectfully submitted,
A. A. RHOMBERG,
City Manager.
Councilman Vau Duelman moved
that Che recommendation of City
Manager Rhomberg be approved.
Seconded by Councilman Wharton.
Carried by the following vote:
Yeas-Mayor Thompson, Council-
men Murphy, Schueller, Van Duel-
man, Wharton.
Nays-None.
Resolution No. 36-40. A t•esolu•
tion approving plat of "English
Lane Subdivision" in the City of
Dubuque, Iowa, presented and read.
Councilman Van Duelman moved
that the resolution be placed on
file witlt the City Clerk foi• public
inspection for at least one week.
Seconded by Councilman Wharton.
Carried by the following vote;
Yeas-Mayor Thompson, Council•
men Murphy, Schueller, Van Duel-
mau, Wharton.
Nays-None.
May 6, 1940:
To the Honorable Maym~ and City
Council, Dubuque, Iowa.
Gentlemen:-
At the session of the City Coun-
cil held April 1st, 1940, the peti-
tion of the Maccabees requesting
permission for the holding of a
carnival ou the city lots imme-
diately west of the Athletic Field
during the week of Juue 3rd to
June 8th, both dates included, and
further requesting that the rental
and license fee be waived was re-
ferred to the Council fm• further
consideration.
Following the meeting the Coun-
cil decided to grout the request. I
reconunend that the action of the
Council iu gt•antiug the petition be
confirmed.
Respectfully submitted,
A. A. RHOA4BERG,
City Manager.
Counciiman Van Duelmau moved
that the decision of the City Coun-
cil be confirmed. Seconded by Coun-
cilman 1Vharton. Carried by the
following vote:
Yeas-Mayor Thotupson, Council-
men Murphy, •Schueller, Van Duel-
man, Wharton.
Nays-None.
May 6, 1940.
To the Honorable Mayor and City
Council, Dubuque, Iowa.
Gentlemen:-
At the session of the City Coun•
oil held December 19th, 1939, the
offer of the Realty Improvement
L'ompauy for the purchase of Lots
2, 3, 4, 5 and 6 of Mills West Du-
buque, which lots were acquired by
the City by tax deed, was referred
to the Council to view the gr•outrds.
On Apri] 19th, 1940, the Council
viewed the lots in question and de-
cided to accept the offet• of $348.02
for Lots 2, 3, 4, 5 and 6 of Mills
West Dubuque, conveyance to be
made by Quit Claitn Deed, the pur~
chaser to assume all taxes now due
and delinquent which have been as-
sessed against said property and
uo abstract to be furnished by the
City. I recommend that the action
of the Council be confirmed and
that the City Treasurer be instruct-
ed to de]iver a Quit Claim Deed
ular Session, May 6th, 1940 103
signed by the Mayor and Clerk to
the Realty Improvement Company
upon the payment of $348.02.
Respectfully submitted,
A. A. RHOMBERG,
City Manager.
Councilman Van Duelmau moved
that the decision of the City Coun-
cil be confit•tned. Seconded by
Councilmau Wharton. Carried by
the following voter
Yeas-Mayot• Thotupson, Council•
men Murphy, Schueller, Vati Duel•
man, Wharton.
Nays-None.
May 6, 1940.
To the Honorable Mayor and City
Council, Dubuque, Iowa.
Gentlemen:-
At the session of the City Coun-
cil held April 16, 1940, the petition
of William Carpender requesting
that the sidewalk at the corner of
Pear and Rush Streets be given
attention due to the construction of
a storm water sewer under the
same was referred to the Council
to view the gt•ounds.
The Council viewed the situation
on April 19th, and on May 3rd the
defective portion of the walk was
replaced.
Respectfully submitted,
A. A. RHOMBERG,
City Mauaget•.
Councilman Vau Duelman moved
that the communication of City
Manager Rhomberg be made a mat•
ter of record. Seconded by Coun-
cilman Wharton. Carried by the
following vote:
Yeas-Mayor Thompson, Council-
men Murphy, Schueller, Vau Duel-
man, Wharton.
Nays-None.
May 6, 1940.
To the Honorable Mayor and City
Council, Dubuque, Iowa.
Gentlemen:
At the session of the Council
held February 5th the verbal re•
quest of Mr. Al Wunder, stating
that on account of the erection of
the water reservoir at West Third
Street and College Street his prop•
erty has depreciated in value and
he is unable to dispose of the same
at a fair price, asking the Counci]
to assist him in disposing of iris
property or that the City purchase
the same, was referred to the Coun•
oil for further consideration at the
meeting• of March 4th. Mr, Wun-
der made a similar verbal request
and the Council voted to view the
grounds.
The Council viewed the grounds
on April 19th in company with Mr.
Wunder and decided that there
ryas no reason for the purchase of
the Property by the City nor any
means of aiding him in disposing
of the same. I recommend that the
action of the Council be confirmed.
Respectfully submitted,
A. A. RHOMBERG,
City Manager.
Councilman Van Duelmau moved
that the decision of the City Coun-
cil be confirmed. Seconded by
Councilman Murphy. Carried by
the following vote:
Yeas-Mayor Thompson, Council-
men Murphy, Schueller, Van Duel-
man, Wharton.
Nays-Noce.
May 6, 1940.
To the Honorable Mayor and City
Qouucil, Dubuque, Iowa.
Gentlemen:-
At the session of the Council
held March 27th the petition of N.
J. Hintgen requesting the abandon-
ing of Fairmont Avenue was re-
ferred to the Couucii to view the
grounds.
On April 19th the Council view
ed the street and looked with favor
on the petition and decided to re-
fer the matter to the Planning and
Zoning Commission for recommen-
dation and report. I reconmiend
that the action of the Council be
confirmed,
Respectfully submitted,
A. A. RHOMBERG,
City Manager.
Councilmau Van Duelman moved
that the decision of the City Coun-
cil be confirmed. Seconded by
Councilman Wharton. Carried by
the following vote:
Yeas-Mayor Thoutpson, Council-
men Murphy, Schueller, Van Duel-
man, Wharton.
Nays-Noce.
April 23, 1940.
Honoralle Mayor and Members of
the City Council of Dubuque,
Iowa.
Gentlemen:
I herewith return to you the fol-
lowing Petitions far Suspension of
Taxes:
Theresa and A. L. Brummer, N.
t/2 of City Lot 262;
Louis Kuehnle, Lot 60, McCra-
ney's First Add.,
and with reference thereto report:
That the City Council of the Gity
of Dubuque should approve the
Petitions, and that the Boatel of
Supervisors should be notified of
said approval.
Respectfully submitted,
JOHN J. KINTZINGER,
City Solicitor.
Councilman Murphy moved that
the report of City Solicitor I{int-
zinger be approved and that the
104 Regular Session, May 6th, 1940
petition of Theresa and A. L,
Brummer requesting suspension of
the 1939 taxes on the Nm'th 1/s of
City Lot 262 be granted and also
that the petition of Louis Kuehnle
requesting suspension of the 1939
taxes on Lot 60 of McCraney's
First Addition be granted and that
the Board of Supervism's be noti-
fied of the action of the City Coun•
cit. Seconded by Councilman
Wharton. Carried by the following
vote;
Yeas-Mayor Thompson, Council-
men Murphy, Schueller, Vau Duel•
man, Wharton.
NAYS-None,
April 27, 1940,
Honorable Mayor and Members of
the City Council, City of Du•
buque, Iowa.
Gentlenten:-
REPORT OF CLAIM Ok'
C, J. CARROLL.
On March 20, 1940, a claim was
filed by C, J. Carroll of 2303 Jack-
son Street claiming that because of
a defective and icy sidewalk on
24th Street, near Jackson, he fell
on k'ebruary 12, 1940, and fractured
his wrist; that ou April 2 he filed
another claim asking for $250,00
damages further claiming that he
had been unable to work for about
a month; that I have investigated
this matter, went to the scene of
accident with claimant and I am of
the opinion that he fell as he
claims and sustained the injuries;
that after consultation with him he
has agreed to accept $150.00 in full
payment of his claim against the
City. I respectfully recommend
that the claim be allowed in the
sum of $160.00 and that a warrant
be issued to Mr. C. J. Carroll for
$150.00 and, that the same be deliv-
ered to him upon the execution by
him of the inclosed Receipt acid
Release.
Respectfully submitted,
JOHN J. KINTZINGER,
City Solicitor,
Councilman Van Duelman moved
that the recommendation of City
Solicitor Kintzinger be approved
and that the City Auditor be in-
structed to draw a warrant in the
amount of $150.00 in favor of C. J.
Carroll as settlement in full of his
personal injury claim and that said
warrant be delivered to C, J. Car•
troll when a proper Receipt and Re-
leaseis executed by him. Seconded
by Councilman Murphy, Carried by
the following vote:
Yeas-Mayor Thompson, Council-
men Murphy, Van Duelman,
Wharton.
Nays-Councilman Schueller.
April 27, 1940.
Honorable A!Iayor and Members of
the City Council,
City of Dubuque, Iowa,
Gentlemen:
REPORT ON CLAIM OF
MRS. JOHN O'BRIEN,
That there has been submitted to
the for investigation and report the
claim of Mrs. John O'Brien, filed
April 3, 1940, claiming that on Feb-
ruary 1, 1940, she sustained in-
juries on Iowa Street between 12th
and 13th, just opposite the Para•
diso Fruit Store on the north end
of the building occupied by the
Florida Fruit Company, said in-
jm•ies consisting. of a double frac-
ture to the right wrist, that she had
medical and hospital care and at•
tentian, was compelled to employ
additipnal help, and the sidewalk
was icy and rough due to thaw on
the previous day. That I have in-
vestigated this claim and I ant of
the opinion that there is no liabil-
ity on the part of the City and
recommend that the claim be dis-
allowed; said claim is herewith re-
turned.
Respectfully submitted,
JOHN J. KINTZINGER,
City solicitor,
Councilman Van Duelman moved
that the recommendation of City
Solicitor Kintzinger be approved
and that the claim be ordered dis•
allowed. Seconded by Councilman
Murphy- Carried by the following
vote;"
Yeas-Mayor Thompson; Ceuncil-
men Murphy, Schueller, Van Duel•
man, Wharton,
Nays-None.
April 27, 1940,
Honorable MaYm• and Members of
the City Council,
City of Dubuque, Iowa,
Gentlemen:
REPORT ON CLAIM OF
MRS. CAROLINE THEIRING.
With reference to the claim of
Mrs. Caroline Theiring filed April
2, 1940, for $15.00 for suffering and
expense because of an alleged fall
on an icy sidewalk at 13th and
Main Streets. I have investigated
this claim and I out of the opinion
that there is no liab"ility on the part
of the City of Dubuque, and recom-
mend that the claim be disallowed.
I am returning herewith the claim.
Respectfully submitted,
JOHN J. KINTZINGER,
City Solicitor.
Councilman Van Duelman moved
that the recommendation of City
Solicitor Kintzinger be approved
Regular Session, 12ay 6th, 1940 105
and that the claim be ordered dis•
allowed. Seconded by Councilman
Murphy, Carried by the following
vote:
Yeas-Mayor Thompson, Council-
men Murphy, Schueller, Van Duel-
man, Wharton,
Nays-None.
Dubuque, Iowa, May 1, 1940.
Honorable Mayor and Members of
the City Council,
City of Dubuque, Iowa.
Gentlemen:
With reference to the law suit of
Ruth Robothem vs. City of Du-
buque, claiming $5,000.00 because of
injuries sustained on or about Jan.
17th, 1938, on a sidewalk on Cen-
tral Avenue between 15th and 16th
Streets, in front of the Royal Cafe,
plaintiff claiming that said side-
walk was defective in construction
and covered with ice, which made
the same dangerous. I have invest-
igated this claim, find that the
plaintiff did sustain injuries at the
place she claims, that included in
the $5,000.00 damages is $164.50
actual expenses; that I consulted
with the attorney for the plaintiff
in this matter, and plaintiff through
her attorney has agreed to accept
$150.00 in full settlement, and that
she will dismiss her case with pre-
judice and pay the casts.
I respectfully recommend that the
claim be allowed in the sum of
$150.00 and that a warrant be issued
to Fabian Beckett, Attorney for
Ruth Robothem, and that the same
be delivered to him upon the execu-
tion by Ruth Robothem of the in-
closed Receipt and Release, and by
filing a written Dismissal of her
action now pending in the District
Court of Dubuque County, Iowa,
being No. 28811 Law, Ruth Ro-
bothem, Plaintiff, vs. City of Du-
buque.
Respectfully submitted,
JOHN J. I{INTZINGER,
City Solicitor.
Councilman Van Duelman moved
that the recommendation of City
Solicitor Kintzinger be approved
and the City Auditor instructed to
draw a warrant in the amount of
$150.00 in favor of Fabian Beckett,
Attorney far Ruth Robothem as
settlement in full of her personal
injury claim and that said warrant
be delivered upon the execution by
Ruth Robothem of a receipt and
release and also by the filing of a
written dismissal of the suit now
pending in the District Court, Sec•
onded by Councilman Mm'phy. Car-
ried by the following vote:
Yeas-Mayor Thompson, Council•
men Murphy, Schueller, Van Duel•
man, Wharton.
Nays-None.
Resolution No, 37-40
Be It Resolved by the City Coun-
cil of the City of Dubuque that the
following, having complied with the
provisions of law relating to the
sale of cigarettes within the City
of Dubuque, be granted a permit to
sell cigarettes and cigarette papers
within said City and the Manager
is directed to issue such permit on
behalf of said City.
C. Baumgartner and J. Baumgart-
ner,1543 Central Avenue.
Edmund N. Maulers, 1001 Rhom•
berg Avenue.
115. B. Olansky, 630 Locust Street.
Andrew Karigan, 15 West Fourth
Street.
Be It Further Resolved that the
bonds filed with the applications
be approved.
Passed, adopted and approved
this 6th day of May, 1940.
F. W. THOMPSON,
Maym•.
FRANK VAN DUELMAN,
ALBERT WHARTON,
B. A. SCHUELLER,
GEC. R. MURPHY,
Counciltneu.
Attest: J. J. SHEA,
City Clerk.
Councilman Van Duelman moved
the adoption of the resolution, Sec-
onded by Comrcihnan Wharton. Car-
ried by the following vote:
Yeas-Mayor Thompson, Council-
men Mm•phy, Schueller, Van Duel•
man, Wharton.
Nays-None.
Resolution Na. 38-40
Whereas, applications for Beer
Permits have been submitted to this
Council for aAProval and the same
have been examined; Now, There•
fore,
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 or-
dered that the premises to be oc-
cupied by such applicants shall be
forthwith inspected.
CLASS "B" PERMIT
Martin Meyer and Vernon Meyer,
530 East 22nd Street.
Dell Warren and Ralph Warren,
1700 Central Avenue.
Harry N. Gantert and Lucile Gan-
tert, 1301 Rhomberg Avenue.
Frank Reis ahd Kathryn Reis, 553
Eighth Avenue.
Arthur J. Spahn, 469 Main Street,
GLASS "B" PERMIT FOR
PRIVATE CLUB
Dubuque Metal Trades Council
Club, 290 West Fonrth Street.
Dubuque Golf Club (For r/2 Year),
End of Randall Place.
106
ar Session
CLASS "C" PERMIT
JacoU Schwietering, 1D05 Maiu
Street.
Jos. J. Sullivan, 800 West Fifth
Street,
F. W. Thompson, 55 Locust St,
Mrs. Ethel Mae Barrett, 2401
Jackson Street.
Chas. H. Savory, 892 Cleveland
Avenue.
Passed, adopted and approved
this 6th day of May, 1940.
F. W. THOMPSON,
11layor.
FRANK VAN DUELMAN,
ALBERT WHARTON,
B. A, SCHUELLER,
GEO. R. MURPHY,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Vau Duelmau moved
the adoption of the resolution. Sec-
onded by Councilman Wharton. Car-
ried Uy the following vote:
Yeas-Mayor Thompson, Council-
men Murphy, Schueller, Van Duel•
man, Wharton.
Nays-None.
Resolution No. 39-40
Whereas, heretofore applications
were filed by the within named
applicants for Beer Permits and
they have received the approval of
this Council; and
Whereas, the premises to be oc-
cupied by them have been inspected
and found to comply with the ordi•
nances of this City and they have
filed a proper bond: Now, therefore,
Be It Resolved by the Council of
the City of Dubuque that the Man-
ager beand he is hereby directed to
issue to the following named per•
sons a Beer Permit.
CLASS "B" PERMIT
Martin Meyer and Vernon ItZeyer,
530 East 22nd Street.
Dell Warren and Ralph Warren,
1700 Centt•al Avenue.
Harry N. Gantert and Lucile Gan•
tert, 1301 Rhomberg Avenue.
Frank Reis and I{athryu Reis, 563
Eighth Avenue.
Arthur J. Spahn, 469 Maiu Street.
CLASS "B" PERMIT FOR
PRIVATE CLUB
Dubuque Metal Trades Council
Club, 290 West Fourth Street.
Dubuque Golf Club (For ?~ Year),
End of Randal] Place.
CLASS "C" PERMIT
Jacoh Schsvieteriug, 1005 Main
Street.
Jos. J. Sullivan, 800 West Fifth
Street,
6th, 1940
F. W. Thompson, 55 Locust St.
Mrs. Ethel Mae Barrett, 2401
Jackson Street,
Chas. H. Savory, 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 May, 1940.
F. W. THOMPSON,
Mayor.
FRANK VAN DUELMAN,
ALBERT WHARTON,
B. A. SCHUELLER,
GEO. R. MURPHY,
Councilmen.
Attest: J, J. SHEA,
City Clerk.
Councihnau Van Duelmau moved
the adoption of the resolution. Sec•
ouded by Councihnau Wharton. Car•
r•ied by the following vote:
Yeas-Mayor Thompson, Council-
men Murphy, Schueller, Vau Duel•
man, Wharton.
Nays-Noce,
Application of the International
Brotherhood of Teamsters, Chauf-
fems, Stablemen and Helpers of
America, Local No. 421, for a Class
"B" beer permit for private club,
presented and read.
Councilman Wharton moved that
the application be referred to the
City Solicitor for a report as to the
legality of said application. Sec•
onded by Councilman Murphy, Car-
ried by the following vote:
Yeas-Mayor Thompson, Council-
men Murphy, Schueller, Van Duel•
rnau, Wharton.
Nays-None.
Ordinance No. 7-40
Au ordinance amending an ordi•
Hance entitled "Ordinance No. 9.35",
and an amendment thereto entitled
"Ordinance No. 19.38." An ordi•
Hance providing for the issuance of
Class "B" and Class "C" Beer Per•
mits and for the revocation thereof;
fixing permit fees; prescribing rules
and .regulations governing the oper-
ation of places where beer is sold
and consumed pursuant to such per••
mits; restricting dancing and pro•
viding a license therefor; repeal-
ing all ordinances heretofm•e en•
acted governing this suUject; pro•
viding a penalty for violation here-
of; and by amendment thereto pro•
visions for and governing Class "B"
Permits to be issued, and by the
insertion in, and addition to Ordi-
nance No. 19-38, Paragraph 493A, a
provisimr for limitation upon the
issuance of Class "B" Permits, pre-
sented and read.
Councilman Van Duelmau moved
that the reading just had be consid-
Kegular Ses
eyed the first readiug of the ordi•
Hance. Seconded by Councihnau
Wharton. Carried by the following
vote:
Yeas-Mayor Thompson, Council•
men Murphy, Schueller, Van Duel-
mau, Wharton.
Nays-Noce.
Councilman Vau Duelmau moved
that the rules be suspended requir-
ing an ordinance to be read on three
separate days. Seconded by Coun•
Gilman Wharton, Carried by the
following vote:
Yeas-Mayor Thompsmi, Council-
men Murphy, Schueller, Van Duel-
mau, Wharton.
Nays-None.
The ordinance was then read a
second time.
Councilman Vau Duelmau moved
that the reading just Irad be consid-
ered the second reading of the ordi•
Hance. Seconded Uy Councilman'
Wharton. Carried by the following
vote:
Yeas-Mayor Thompson, Council-
men Murphy, Schueller, Van Duel-
mau, Wharton.
Nays-Noce.
Ordinance No. 8-40
Au ordinance establishing a grade
ou Shelby Street from the north
property line of Seminary Street to
the end of said street, presented
and read,
Councihnau Vau Duelmau moved
that the readiug just had be con-
sidered the first reading of the
ordinance. Seconded by Council-
man Wharton, Carried by the fol•
lowing vote:
Yeas-Mayor Thompson, Council•
men Murphy, Schueller, Vau Duel-
mau, Wharton.
Nays-None.
Councilman Vau Duelmau uroved
that the rules be suspended requir-
ing an ordinance to be read ou three
separate days. Seconded by Coun-
cilman Murphy. Carried by the
following vote:
Yeas-Mayor Thompson, Council•
men Murphy, Schueller, Van Due]-
man, Wharton.
Nays-None.
The ordinance was then read a
second tune.
Councihnau Van Duelmau moved
that the reading just had be con-
sidered the second reading of the
ordinance. Seconded by Council-
man Whartou. Carried by the fol•
lowing vote:
Yeas-Mayor Thompson, Council-
men Murphy, Schueller, Van Due]-
man, Wharton.
Nays-None.
Councilman Murphy moved that
the City Solicitor be instructed to
May 6th, 1940 107
prepare a resolution of acceptance
on the awarding of the Safety
Plaque to the City of Dubuque for
the year 1939. Seconded by Coun-
cilman Van Duelmau, Carried by
the following vote:
Yeas-Mayor Thompson, Council•
men Murphy, Schueller, Van Duel-
mau, Whartou.
Nays-None.
There being no further business
Councilman Van Duelrnan moved to
adjourn. Seconded Uy Councilman
Schueller. Carried by the following
vote:
Yeas-Mayor Thompson, Council-
men Murphy, Schueller, Van Duel-
mau, Wharton.
Nays-None.
J. J. SHEA,
City Clerk.
Approved ..................................1940•
Adopted ....................................1940,
Councilmen: ~ ......................................
Attest :................................................
City Clerk.
108
Session, D4ay 6th, 1940
hoard of Nealth
(Official).
Special session, May Gth, 1940,
Board met at 9:25 p.m.
Present-Chairman F. W. Thomp-
son, Messrs Geo. R. Murphy, B. A.
Schueller, Frank Van Duelman. Al-
bert Wharton,
Mr. Albert Wharton moved that
the policy of requiring the installa-
tion of septic tanks for all new
buildings where City water is avail-
able, but no sanitary sewer is at
present installed, shall be rigidly
enforced, and that out houses be
permitted on a temporary basis only
in such cases where no water or
sewer facilities are to be had. Sec-
onded by Mr, Frank Van Duelman.
Carried by the following vote:
Yeas-Chairman F. W. Thomp-
son, Messrs Geo. R. Murphy, B. A,
Schueller, Frank Van Duelman, Al-
bert Wharton.
Nays-None.
There being no further business
Mr. Frank Vau Duelman moved to
adjourn. Seconded by Mr. Geo, R,
Murphy. Carried by the following
vote:
Yeas-Chairman F. W. Thomp-
son, Messrs Geo. R. Murphy, B. A.
Schueller, Frank Van Duelman, Al•
Bert Wharton.
Nays-Nmre.
J, J. SHEA,
Clerk, Board of Health.
Approved ....................................1940.
Adopted ......................................1940,
.....................................
Members of
Board ~ ......................................
of Health
Attest :................................................
Clerk, Board of Health•
City Council
(Official)
Special session, May 13th, 1940.
Council met at 8:00 p.m.
Present-Mayor Thompson, Coun-
cilmen Murphy, Schueller, Van
Duelman, Wharton, City Manager
Rhomberg.
Meeting called by order of Coun-
cilmen Wharton and Van Duelman.
Mayor Thompson read the call
and stated that service thereof had
been duly made and that this meet-
ing is called for the pm•pose of con-
sideringpersonal injury claims filed
against the City of Dubuque and
acting on any other business as may
properly came before a regular
meeting of the City Council.
Notice of Claim of Mrs, Emma
Wagner iu an unknown amount for
personal injuries sustained iu a fall
on an icy sidewalk ou the westerly
side of Wilson Avenue approximate-
ly 70 feet South of the intersection
of Wilson Avenue with Julien Ave•
nue, presented and read.
Councilman Mm•phy moved that
the Notice of Claim be referred to
the City Solicitor for investigation
and report. Seconded by Council-
man Van Duelman. Carried by the
following vote:
Peas-Mayor Thompson, Council-
men Murphy, Schueller, Van Duel-
rnau, Wharton.
Nays-None.
Notice of Claim of Nora Kane in
the amount of $3,000.00 for personal
injuries sustained in a fall on a de-
fective sidewalk abutting the pro-
perty located at the Northwest cor-
ner of West 5th and Bluff Streets.
presented and read.
Councilman Murphy moved that
the Notice of Claim be referred to
the City Solicitor for investigation
and report, Seconded by Council-
man Wharton, Carried by the fol-
lowing vote:
Yeas-Mayor Thompson, Council-
men Murphy, Schueller, Van Duel•
man, Wharton,
Nays-None.
Communication of Mrs. Cecilia
Stavros, Chairman of Invitation
Committee, extending invitation to
the Honorable Mayor and Members
of the City Council to participate in
the Memorial Day Parade, pre-
sented and read.
Councilman Van Duelman moved
that the invitation be accepted.
Seconded by Councilman Murphy.
Carried by the following vote:
Yeas-Mayor Thompson, Council-
men Murphy, Schueller, Van Duel-
man, Wharton.
Nays-None.
Yeas-Mayor Tompson, Cohncil-
men Muruhy, Schueller, Van Duel-
man, Wharton.
Nays-Noce.
Petition of Mr. and Mrs. Joseph
Fleege et al requesting Council
assistance in having the old route
No. 20, which was abandoned in
favor of the new Route No. 20 down
Dodge Street, marked as City Route
No. 20, presented and read.
Councilman Schueller moved that
the petition he referred to the
Council for further consideration.
Seconded by Councilman Wharton.
Carried by the following vote:
Yeas-Mayor Thompson, Council-
men Murphy, Schueller, Van Duel-
man, Wharton.
Nays-None.
Councilman Van Duelman moved
that the rules be suspended fm• the
purpose of allowing any one pre•
sent in the Council Chamber, who
wishes to do so, to address the
Council. Seconded by Councilman
Wharton. Carried by the fallowing
vote:
Yeas-Mayor Thompson, Couneil-
rnen Murphy, Schueller, Van Duel-
man, Wharton.
Nays-None.
Mr. Rounds representing the
Junior Chamber of Commerce ad-
dressed the Council requesting that
the Council order prepared and sub-
mitted for adoption a bicycle ordi-
nance.
Councilman Wharton moved that
the City Solicitm• be requested, at
his cohvenience, and after a con-
ference with Mr. C. E. Rhoades,
Manager of the Dubuque Automo•
bile Club and all other .interested
parties, to prepare a bicycle ordi-
nance for Council consideration and
discussion. Seconded by Council-
man Van Duelman. Carried by the
following vote;
Yeas-Mayor• Thompson, Council-
men Murphy, Schueller, Van Duel-
man, Wharton,
Nays-None.
Ordinance Na. 7-40
An ordinance amending an ordi-
nance entitled "Ordinance No. 9.35",
and an amendment thereto entitled
"Ordinance No. 19.38:'
Au ordinance providing for the
issuance of Class "B" and Class "C"
beer permits and for the revocation
thereof; -fixing permit fees; pre-
scribing rules and regulations gov-
erning 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 governing this
subject; providing a penalty for
violation hereof; and by amend-
~ecial Session, May 13th, 1940 109
Conunuuicaticn of C. D. Brauhn,
Mayor of East Dubuque, Illinois, ex-
pressing appreciation fm• the assis-
tance given by the Dubuque Fire
Department to the City of East Du-
buque at a -fire on April 27th, and
requesting that iu the future, if a
similar occasion arises, that the
Fire. Chief of Dubuque be permitted
to send equipment without delay,
and that the City of East Dubuque
expects to pay for such services or
help the Fire Department of Du-
buque if their men are needed, pre•
sented and read.
Councilman Wharton moved that
the communication be referred to
the Council with the suggestion
that all applicants that want said
fire protection must comply with
the Statutes of Iowa and that the
City Manager be instructed to so
notify all such applicants. Second-
ed by Councilman Van Duelman.
Carried by the following vote:
Yeas-Mayor Thompson, Council-
men Murphy, Schueller, Van Duel-
man, Wharton.
Nays-None.
Petition of Maryland Casualty
Company requesting cancellation of
the Excavation Bond of Reuben L,
Anderson, Inc., as of May 15th, 1940,
presented and .read.
Councilman Murphy moved that
the request be granted. Seconded
by Councilman Van Duelman. Car-
Tied by the following vote:
Yeas-Mayor Tlrompson, Council-
men Murphy, Schueller, Van Duel-
man, Wharton.
:Nays-None.
Petition of Mrs. Katherine Glea-
son et al requesting the installation
of a streetlight on :the lower end of
Edina Street, presented and read.
Councilman Van Duelman moved
that the petition be referred to the
Council to view the grounds. Sec-
onded by Councilman Wharton.
Carried by the following vote:
Yeas-Mayor Tlrompson, Council-
men Murphy, Schueller, Van Duel-
man, W. ,harton.
Nays=None,
Petition of Louis Rotman re-
quesiing permission to install a
loading platform in .the rear of his
property in the alley,between Main
and Iowa Streets and between 3rd
and 4th Streets, presented and
read.
Councilman Wharton proved that
the request be granted and the
City Solicitor to be instructed to
prepare a proper ordinance, the
cost of publication of said ordin-
ance to be borne by Louis Rotman.
Seconded by Councilman Van Duel-
man. ,Carried ,by the following
vote:
110 Special Session, May 13th, 1940
ment thereto provisions for and
governing Class "B" Permits to be
issued, and by the insertion in, and
addition to Ordinance No. 19-38,
Paragraph 493A, a provision for
limitation upon the issuance of
Class "B" Permits, said ordinance
having been passed upon first and
second readings ou May 6th, 1940,
presented and read a third time.
ORDINANCE N0, 7-40.
An ordinance amending an ordi-
nance entitled "Ordinance No. 9-36,"
and an amendment thereto entitled
"Ordinance No. 19-38." An ordi-
nance providing for the issuance of
Class "B" and Class "C" Beer Per-
mits and for the revocation thereof;
fixing permit fees; prescribing' rules
and regulations governing the opera-
tion of places where beer is sold and
consumed pursuant to such Permits;
restricting dancing and providing a
license therefor; repealing all ordi-
nances heretofore enacted governing
this subject; providing a penalty for
violation hereof; and by amendment
thereto provisions for and governing
Class "B"' Permits to be issued, and
by the insertion in, and addition to
Ordinance No. 19-38, Paragraph
493A, a Provision for limitation upon
the issuance of Class "B' Permits,
Be it ordained by the City Coun-
cil of the City of Dttbitque:
Section 1. That au mrdinance
entitled "Ordinance No. 19-38."
amending "Ordinance No. 9-35,
Paragraph 493A-Limitation of Class
'B" Permits," be, and the same is
hereby amended by adding after the
words "in force and effect," Lines
11 and 12, Section 2, Page ISG of
Council Record 1933, No. G8, City of
Dubuque, the following:
"and when the owner of a Class "B"
Permit sells or disposes of his Place
of business which is hein.g operated
under a Class "B" Permit, or when
the owner of a Class "B" Permit
dies, if it appears that the permit
holder has not violated any of the
provisions of the laws and ordi-
nances with reference to Beer and
ilfalt Liquors, then the purchaser or
successor to said business shall have
the right to he granted a new per-
mit, upon the surrender of the per-
mit in the name of the prior owner
thereof, and upon application being
made therefor within fifteen days
thereafter, upon a showing that the
party applying for said Class "B"
Permit is the Purchaser or successa•
to said business, and upon the fin•-
ther showing that applicant meets
all of the requirements of the law,
including the payment of fees."
Section 2. That all ordinances or
parts of ordinances in conflict with
the provisions of this ordinance are
hereby repealed.
Section 3. This ordinance shall he
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 Gth dap of May, 1940.
Passed, adopted and approved upon
final reading this 13th day of May,
1940.
F. W. THOMPSON,
Mayor.
FRANK VAN DUELMAN,
ALBERT IVHARTON,
B. A. SCHUELLER,
GEO R. MURPHY,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Published officially in The Tele-
graph-Herald newspaper this 15th day
of May, 1940,
J. J. SHEA,
5-15, 11', lt. City Clerk.
Councilman Van Duelman moved
the adoption of the ordinance. Sec-
onded Uy Councilman Wharton. Car-
ried by the fallowing vote:
Yeas-Mayor Thompson, Council-
men Murphy, Schueller, Vau Duel-
man, What•ton.
Nays-None.
Ordinance No, 8-40
An ordinance establishing a grade
on ShelUy Street from the north
property line of Seminary Street to
the end of said street, said ordi-
uancehaving Ueen passed upon first
and second readings on May Gth,
1940, presented and read a third
time.
ORDINANCE N0, 8.40,
AN ORDINANCE establishing a
grade on Shelby Street from the
north property line of Seminary Street
to the end of said Street.
BE IT ORDAINED by the City
Council of the City of Dubuque;
Paragraph 668, Section 1.
That a grade on Shelby Street from
the north property line of Seminary
Street to the end of said Street, be,
and the same is hereby established
and adopted as shown by the Profile
of said Street and grade Prepared by
the City Engineer, being Profile No.
1297, B.II. on the end of concrete
curb, north west corner Seminary and
She]by Streets, elevation 113.16. Said
Grade approved by the abutting prop-
erty owners whose signatures appear
upon the same begins at t'te north
property line oY Seminary Street,
which is station 0-10, east curb ele-
vation 109.68; thence to station 0 plus
10, west curb elevation 113.16; thence
to station 0 plus 50, east and west
curb elevation 116.78; thence to sta-
tion 1 plus 00, east and west curb ele-
vation 121.14; thence to station 1 plus
40, east and west curb elevation
123.31; thence to station 1 plus 70, east
and west curb elevation 123.98; thence
to station 2 plus 00, east and west
curb elevation 122.5; thence to station
3 plus 00, east and west curb eleva-
tion 114.G7; thence to station 3 plus
48, the end of Shelby Street, east
and west curb elevation 112,2.
Paragraph 669, Section 2.
This ordinance shall be in force and
effect ten (10) days from and after its
final passage and adoption by the
City Council and publication as pro-
vided by law.
Passed upon first and second read-
ings May 6th, 194D.
Passed, adopted and approved upon
final reading May 13th, 194D,
F. W. THOMPSON, Mayor.
FRANK VAN DUELMAN,
ALBERT WHARTON,
B. A. SCHUELLER,
GEO. R. MURPHY,
Councilmen,
Attest: J. J. SHEA,
City Clerk.
Published officially in' the Tele-
graph-Herald newspaper this 15th day
of May, 1990.
J. J. SHEA,
5-15W1t City Clerk.
Session, May 13th, 1940 111
Councilman Van Duelman moved
the adoption of the ordinance. Sec-
onded by Councilman Schueller.
Carried by the following vote:
Yeas-Mayor Thompson, Council-
men Murphy, Schueller, Vau Duel-
man, Wharton.
Nays-None.
Resolution No. 36-40
Whereas, a plat of the Subdivi-
sion of Lot 3 of Mineral Lot 42, iu
the City of Dubuque,' Iowa, to be
hereafter ]mown as "English Lane
Subdivision," City of Dubuque ,
Iowa, has been submitted to the
City Council of the City of Du-
buque, Iowa, for approval; and
Whereas, said plat has Ueeu ap•
proved by the Planning and Zoning
Commission of said City; and
Whereas, said plat has been ex-
amined Uy this Council and found
to conform to all requirements re-
garding the suUdivision of lands
and the dedication of strip of land
for street pm•poses, and iu all re-
spects it is deemed advisaUle to
apP[•ove the said plat,
Therefore, be it Resolved Uy the
City Council of the City of Dubuque,
Iowa, that the attached plat of
"English Lane SuUu`ivision" City of
Dubuque, Iowa, be and the same is
hereUy approved. Be it further re-
solved that a copy of this resolu-
tion Ue certified to by the Mayor
and Clerk and affixed to said plat.
Passed, adapted and approved
this 13th day of May, 1940.
F. W. THOMPSON,
Mayor.
FRANK VAN DUELMAN,
ALBERT WHARTCN,
B. A. SCHUELLER,
GEO. R. MURPHY,
Couucihnen.
Attest: J. J. SHEA,
City Clerk.
Councilman Van Duelman moved
the adoption of the resolution. Sec-
onded Uy Councilman Schueller,
Carried Uy the following' vote:
Yeas-Mayor Thompson, Council-
men Murphy, Schueller, Van Due]-
mau, Wharton.
Nays-None,
Resolution No. 40-40
Whereas, the City of Dubuque has
completed the year 1939 with an uu-
Ulemished record of safety, insofar
as deaths caused Uy traffic accidents
are concerned; and
Whereas, this achievement makes
Dubuque the largest city in the
United States to have attained this
record; and
Whereas, this record was accomp-
lished despite the unusually hilly
topography of the city, wherein
dangerous curves and steep grades
are very common; and
Whereas, this euviaUle safety re-
cord was won through the efficiency
of Dubuque's Police Department,
strict enforcement of the city's
tl•affic laws Uy its police judge, and
the cooperation of the administra-
tive departments of the city gov-
ernment; and
Whereas, the Dubuque Police De-
partment won second place, Group
V, National Traffic Safety Contest,
Universal Safety, presented Uy the
National Safety Council; and
Whereas, the Bus Transportation
Management and the Bus operators
of the Interstate Power Company
not only contributed importantly to
Dubuque's safety record, by its vigi-
lance and efficiency; Uut also won
the Anthony N. Brady Memorial
Award for the Uest safety. record
in cities up to 300,000 in population,
achieving the best record of any
bus transportation cmnpany in all
the years of the award, from 1914 to
1940; and
Whereas, this distinction is also
attriUutable to the co-operation
given the police department by the
Dubuque AutomoUile C1uU, the Pat-
rol Boys, and others;
Therefore Be It Resolved by the
Council of the City of Dubuque that
the City of Dubuque commend all
the agencies of the City of Dubuque
which iu any way contributed to
this outstanding safety record.
Passed and approved May 13,
1940.
F. W. THODIPSCN,
Mayor.
FRANK VAN DUELMAN,
ALBERT WHARTCN,
B. A. SCHUELLER,
GEO. R. MURPHY,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Van Duelman moved
the adoption of the resolution. Sec-
onded by Councilman Schueller,
Carried Uy the following vote:
Yeas-Mayor Thompson, Council-
men Murphy, Schueller, Van Duel-
man, Whartml.
Nays-None.
May 13, 1940
To the I3onorable Mayor and City
Council, Dubuque, Iowa.
Gentlemen:
I herewith submit the reports of
the City Auditor, City Treasurer,
City Health Department and the
City Water Department for the
month of April, 1940, also a list of
claims and list of payrolls for which
112 Special Session, May 13th, 1910
i
_,
warrants were drawn during the
month of April, 1940.
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 Thompson, Council-
men Murphy, Schueller, Van Duel•
man, Wharton.
Nays-None.
May 13th, 1940
To the Honorable Mayor and City
Council, Dubuque, Iowa.
Gentlemen:
Dubuque County has recently be-
come the owner- of Lot 3 of Ran-
dall's Sub. by virtue of tax deed.
This is a tract of land 13.41 acres
in area and is designated on the
Master Plan of the city as the site
for a juvenile playground. Since
the present playground use of Block
E and F of Industrial Subdivision
can continue for a limited number
of yeat•s it is advisable that the City
of Dubuque acquire Lot 3 of Ran-
dall's Sub. now and proceed to
develop it as a recreational area.
The Council having viewed the
site,on May 10th and been very
favorably impressed, it is my rec-
ontntendation that I be authorized
as City Manager to acquire Lot 3 of
Randall's Sub, iu the came of the
City of Dubuque for juvenile play-
ground pnrposes from Dubuque
County.
Respectfully submitted,
A. A. RHOMBERG,
City Manager.
Councilman Murphy moved that
the recommendation of City Mana-
ger Rhomberg be approved. Sec-
onded by Ceuucihnau Van Due]mau.
Carried by the following vote:
Yeas-Mayor Thompson, Council-
men Murphy, Schueller, Vau Duel-
man, Wharton.
Nays-None.
May 13, •1940.
To the Honorable Mayor and City
Council, Dubuque, Iowa.
Gentlemen:
At the session of the City Council
held May fi, 1940, the petition of
Mrs. Agnes Jonas et al requesting
the removal of the advertising sign
of the Molo Oil Company located on
Lot 2 of Idylwilde Heights was t•e-
ferred to the Council to view the
grounds. On May 10th, 194Q the
Council viewed the site and reached
the following conclusions: The bill-
board having been in its present
location prior to the enactment of
the Zoning Ordinance on February
13, 1934, represents anon-conform-
ing use of the property and as such
may continue, subject however to
the other provisions of the -zoning
ordinance. The billboard being more
than 20 feet from the intersection of
the street lines of both West Four-
teenth and Wood Streets is not in
violation of section (r) of Article
IX of the Zoning Ordinance. The
billboard does not render dangerous
the use of the streets and therefore
cannot be declared a nuisance. The
council therefore decided that the
petition be received and filed.
It is my recommendation that the
decision of the Council be•confirmed
and the petition be received and
filed.
Respectfully submitted,
A. A. RHOMBERG,
City Manager.
Councilman Van Duelman moved
that the decision of the City Coun-
cil be confirmed and the petition of
Mrs. Agnes Jones et al be received
and filed. Seconded by Councilman
Schueller. Carried by the following
vote:
Yeas-Mayor Thompson, Council-
men Murphy, Schueller, Van Duel-
man, Wharton.
Nays-None .
May 13, 1940.
To the Honorable Mayor and City
Council, Dubuque, Iowa.
Gentlemen:
At the session of the Council held
May 6, 1940, the petition of Julius
Boyer et al requesting the placing
of a water- main on Samuel Street
and the calling of the attention of
the health department to those
homes on Southern Avenue without
adequate toilet facilities was refer-
t•ed to the Council to view the
grounds.
On May 10th the Council viewed
the grounds and decided to grant
the petition. It is my recommenda-
tion that the decision of the Council
in ordering a water main in Samuel
Street and in directing the attention
of the Health Department to those
homes on Southern Avenue without
toilet facilities be confirmed.
Respectfully submitted,
A. A. BHOMBERG,
City Manager.
Councilman Van Duelman moved
that the decision of the City Council
be confirmed. Seconded by Council-
man What•ton. Carried by the fol-
lotiving vote:
Yeas-Mayot• Thompson; Council-
men Mnrphy, Schueller, Van Duel-
man, Wharton.
Nays-None. ,
Special Sessiom, iVlay 13th, 1940 113
May 9, 19'40
Honorable Mayor and Members of
the City Council, City of Dubuque,
Iowa.
Gentlemen:
With reference to the claim of
Mrs. W. C. Chase filed with the City
Clerk on February 26,1940, claiming
that she fell on ot• about January
13, 1940, on an icy and dangerous
sidewalk between Main and' Iowa
Streets, Dubuque, Iowa, on the steep
part by the old Kenney Shoe Stm•e
breaking bath bones in her right
.wrist and generally injuring herself
causing her to secure medical and
hospital attention, confining her to
het- home for several weeks, and
claiming damages fot• $350.OD far
doctor bill and damages; I have
investigated this tnattet• and atn of
the opinion that she fell wltet•e she
claims, that the sidewalk was in a
dangerous and defective condition,
that the cost of medical care and
attention is $56.D0, that I went over
this matter with her and she has
agreed to accept the sum of $56.DD
in full settlement of any and all
claims that slte has against the City
of Dnbuque. I am returning here-
with the claim filed by her.
I respectfully recommend that the
claim be allowed in the sum of
$56.00, that a warrant be issued
Payable to her order and that the
same be delivered to her upon the
execution of a release.
Respectfully submitted,
JOHN J. KINTZINGER,
City Solicitor.
Councilman Mm•phy moved that
the recommendation of City Soli-
citor Kintzinger be approved and
that the City Auditor be instructed
to draw a warrant in the amomtt of
$56.00 in favor of Mrs. W. C. Chase
as settlement in full of her personal
injury claim and that said warrant
be delivered upon the execution of a
release liy the said Mrs. W: C.
Chase. Seconded by Councilman
Schueller. Carried by the following,
vote;
Yeas-Mayor Thompson, Council-
men Mm•phy, Schueller,. Van Duel-
man;. Wharton.
Nays-None.
May 13, 1940
Honorable Mayor and Members of
the City Council, City of Dubuque,
Ibwa.
Crentlemen:
I, herewitlt return to you the fal-
lbwing Petitions for Suspension of
Taxes:
Frank E. Leonard, Lot 5 of 2 of
720.
George J. Roepsch, Lot 82 Ma•
Craney's 1st Addition,.
and with reference thereto report
as follows:
That said Petitions are made in
conformity with the law; that the
City Council of the City of Du-
buque should approve said Peti-
tions and notification of such ap-
proval should be given to the
Board of Supervisors of Dubuque
County, Iowa.
Respectfully submitted,
JOHN J. KINTZINGER,
City Solicitor..
Councilman Mm•phy moved that
the report of City Solicitor Kint-
zinger be approved and the petition
of Frank E. Leonard requesting, sus-
Pension of the 1939 taxes on Lot 5
of 2 of City Lot 720 be granted also
'that the petition of George J.
Roepsch requesting suspension of
the 1939 taxes on Lot 82 McCraney's
1st Addition be gt•anted and the
Board of Supervismss to be notified.
of the action of the City Council..
Seconded by Councilman Schueller.
Carried by the following vote;
Yeas-Mayor Thompson, Council-
men Murphy, Schueller, Van Duel-
man, Wharton.
Nays-Noce.
Couucihnan Murphy moved that
the City Solicitor be instructed to
prepare a proper resolution com-
mending the Fire Department of the
City of Dubuque fot• the fire record
established during the year 1939
and that a copy of said resolution
he forwarded to the Chief of the
Fire Department. Seconded by
Councilman Van Duelman. Carried
by the following- vote:
Yeas-Mayor Thompson, Council-
men Murphy, Schueller, Van Duel-
man, Wharton.
Nays-None.
J. J. SHEA,
City Clerk.
APAt•oved ..................................1940.
Adopted ....................................1940.
Councilmen; 1 ......................................
Attest : ................................................
City Clerk.
114 Special Session, May 16th, 1940
City Council
(Official)
Special session, May 16th, 1940.
Council met at 8:05 p.nl.
Present-Mayor Thompson, Couu•
cilmen Murphy, Schueller, Van
Duelman, Wharton, City Manager
Rhomberg,
Meeting called by order of Coml•
cilmen Murphy and Schueller.
Mayor Thompson read the call
and stated that service thereof had
been duly made and that this meet-
ing is called for the purpose of cou•
sideriug for adoption Resolution No.
35-40, a resolution providing for
the sale and award of $8,500,00 Dock
Bonds and approving and authoriz=
ing the agreement of such sale and
award, also Ordinance No. 6-40, an
ordinance authorizing the issuance
of $8,500.00 Dock Bonds and provid-
ing for the payment of the same and
acting on any other business as may
properly come before a regular
meeting of the City Council.
Resolution No. 35-40
Resolution providing for the sale
and award of $8,500.00 Dock Bonds
and approving and authorizing the
agreement of such sale and award.
Whereas, notice of sale of $8,500
Dock Bonds of the City of Dubuque,
iu Dubuque County, Iowa, has here-
tofore been given in strict com-
pliance with the provisions of Chap•
ter 63 of the Code of Iowa, by puU-
lication of notice for two or more
successive weeks iu one of the
official newspapers of Dubuque
County; and
Whereas, all sealed bids have
been received and placed on file,
after which open bids were called
for and received, the highest of
which was as follows: Vieth, Dun-
can and Wood, par and accrued in-
terest plus premimn of $10.00, in-
terest coupon 1%r%, also pay far
the legal opinion of Chapman and
Cutler, Attorneys, and thereafter
such sealed bids were opened, the
substance of the best sealed bid be•
ing as follows: Bauul, Bernheimer
Company, par and accrued interest
plus a premium of 42 cts. per thou-
sand dollar, interest coupon 1%,
also pay for the legal opinion of
Chapman and Cutler, Attorneys.
Now, Therefore, Be It Resolved
by the City Council of the City of
Dubuque, Iowa, as follows:
Section 1. That upon being ad-
vised in the premises it is hereby
determined that the bid of Bauln,
Bernheimer Company for the pur-
chase of $8,600 Dock Bonds as ad•
vertised, bearing interest at the
rate of one per cent (1%) per an-
num, is the highest and best bid
received, and that said bonds be
and the same are hereby awarded
to said Banm, Bernheimer Cow-
pony.
Section 2. That the form of agree-
ment of sale of said bonds to Baum,
Bernheimer Company be and the
same is hereby approved and the
Mayor, City Clerk and City Trea•
surer are hereby authorized to exe-
cute said agreement for and on be•
half of the City of Dubuque, Iowa,
and to affix the corporate seal of
said City thereto.
Section 3. That all resolutions or
parts of resolutions in conflict here-
with be and the same are hereby
repealed.
Introduced May Gth, 1940,
Passed and approved May 16th,
1940.
F. W. THOMPSON,
NIayoi~.
FRANIf VAN DUELMAN,
ALBERT WHARTON,
B. A, SCHUELLER,
GEO. R. MURPHY,
Councilmen,
Attest: J. J. SHEA,
City Clerk.
Recorded: May 16th, 1940.
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 Thotnpsou, Council-
man Murphy, Schueller, Van Duel-
man, Wharton.
Nays-Nmie.
Ordinance No. 6-40
An Ordinance authorizing the
issuance of $8,50D.00 Dock Bonds
and providing for the paymeut of
the same, presented and read.
ORDINANCE NO. 6.40
AN ORDINANCE authorizing the
issuance of $8,600 Dock Bonds and
providing for the payment of the
same,
WHEREAS this City Council of the
City of Dubuque, in the County of
llubuque, State of Iowa, has hereto-
fore been petitioned by the Dock
Board of said City to provide for the
issuance of bonds of said City in the
principal amount of $8,600 for the
purpose of purchasing land for dock
purposes pursuant to the general plan
for improvement of the water front
of said City, as prepared by the
Dock Board of said City and now on
file in the office of said Board; and
WHEREAS the issuing of said
bonds will not cause said City to
become indebted In excess of the
limit imposed by Section 3 of Article
11 of the Constitution of Iowa, and
it is now advisable to make provision
for the issuance of said bonds;. and
WHEREAS notice of hearings for
the issuance of said bonds and the
Special CPCe+on, May 16th, 1940
levy of taxes to pay the principal
thereof and the interest thereon has
heretofore been given in manner and
form as required by law, and no peti-
tions have been filed objecting to the
issuance of said bonds or the levy
of taxes for this purpose;
NOTV, THEREFORE, Be it Or-
dained by the City Council of the
City of Dubuque, Iowa, as follows:
SECTION 1. That bonds of said
City in the amount of Eight Thou-
sand Five Hundred Dollars ($8,500)
be issued pursuant to the provisions
of Paragraph 11 of Section 5902 of
the Code of Towa as amended; that
each of said bonds be designated as
a "Dock Bond," be seventeen (17)
in number, numbered from 1 to 17,
inclusive, be of the demonination of
$600.00 each, and bear date of April
1, 1940.
SECTION 2. That said bonds bear
interest at the rate of one per cen-
tum (1%) Per annum from the date
of said bonds until paymeut thereof,
payable semi-annually on the first
days of May and November in each
year.
SECTTON 3. That said bonds be
signed by the Mayor and attested by
the City Clerk, and the seal of said
City be attached, and be registered
by the City Treasurer, and a certifi-
cate of registration endorsed thereon;
that interest on said bonds be evi-
denced by coupons thereto attached
and maturing on the several days
when such interest matures, such
coupons to be executed with the fac-
simile signatures of said Mayor and
City Clerk, and said officials, by the
execution of said bonds, shall adopt
as and for their own proper signa-
tures their respective facsimile sig-
natures appearing on each of said
coupons, and that both principal and
interest be payable at the office of
the City Treasurer in the City of
Dubuque, State of Iowa; said bonds
shall become due and payable in
^umerical order as follows:
Bonds Number 1 to 7, inclusive,
$3,500 on November 1, 1941,
Bonds Number 8 to 13, inclusive,
$3,000 on November 1, 1942.
Bonds Number 14 to 17, inclusive,
$2,000 on November 1, 1943.
SECTION 4. The bonds hereby au-
thorized shall be iu form substantially
as follows:
(Form of Band)
UNITED STATES OF AMERICA
STATE OF IOWA
COUNTY OF DUBUQUE
CITY OF DUBUQUE
DOCK BOND
Number - $500.00
KNOW ALL 11fEN BY THESE
PRESENTS: That the City of Du-
buque, in the County of Dubuque,
State of Iowa, for value received,
promises to pay to bearer
Dollars ($-) lawful money of the
United States of America on the
first day of November, 19-, with in-
terest on said sum from the date
hereof until paid, at the rate of one
per cent (1%) Per annum, payable
semi-annually on the first days of
May and November in each year,
upon presentation and surrender of
the interest coupons hereto attached,
both principal and interest payable
at the office of the City Treasurer in
the City of Dubuque, Iowa.
This bond is one of a series of
bonds issued by the City of Dubuque
pursuant to and in strict compliance
with the provisions of Chapter 303
of the Code of Iowa, and all laws
amendatory thereof and supplemen-
tary thereto, and in conformity with
115
an ordinance of the Council of said
City duly passed on the 16th day of
May, 1940, and approved, recorded
and published, for the purpose of pur-
chasing laud for dock purposes in and
for said City,
And it is hereby certified and re-
cited that all acts, conditions and
things required by the laws and Con-
stitution of the State of Iowa to exist,
to be had, to be done, or to be per-
formed precedent to and in the issue
of this boud, were and have been
properly existent, had, done and per-
formed in regular and due fm~m and
time; that the faith, credit, reve-
nues and resources and all the real
and personal property of said City
are irrevocably pledged for the prompt
payment of this boud and for the
regular and due levy, collection and
proper application of a tax on all
the taxable property within said City
for the payment of the principal and
interest of said series of bonds; and
that the total indebtedness of said
City, including this bond, does not
exceed any constitutional or statu-
tory limitations.
IN TESTIMONY WHEREOF, said
City, by its Council, has caused this
bond to be signed by its Mayor and
attested by its City Clerk, with the
seal of said City affixed and the
coupons hereto attached to be exe-
cuted with the facsimile signatures
of said Mayor and City Clerk, and
said officials, by the execution of
this bond, do adopt as and for their
own proper signatures their respective
facsimile signatures appearing on said
coupons, all as of the first day of
April, 1940.
Mayor of the City of Dubuque, Iowa.
Attest:
Clerk of the City of Dubuque,. Towa.
(Form of Coupon)
Number - $-
On 19-, the Treas-
urer of the City of Dubuque, Iowa,
will pay to bearer
llollars ($-) at the office of the
City Treasurer, Dubuque, Iowa, for
interest due that day mt its Dock
Bond, dated April 1, 1940, Number -.
Mayor of the City of Dubuque, Iowa.
Attest:
Clerk of the City of Dubuque, Iowa.
On the back of each bond there
shall be endorsed a certificate of the
City Treasurer in the following farm:
(Form of City Treasurer's
Certificate)
CITY TREASURER'S
CERTIFICATE
This Land duly and properly reg-
istered in my office as of the first
day of April, 1940.
Treasurer of the City of Dubuque,
Iowa.
SECTION 5. That when said bonds
have been executed, as aforesaid, they
shall be delivered to the Treasurer
of said City, who shall register the
same in a boolt provided for that pur-
pose and shall thereupon deliver said
bonds to the purchasers as deter-'
mined by this Council, upon receipt
of the purchase price, the same to
be not less than the par value of
said bonds with accrued interest
thereon.
SECTION G. That in pursuance of
Section 1179.2 and Chapter 303 of the
Code of Iowa, there shall be and there
is hereby appropriated and there shall
be annually levied in each of the
years 194U to 1942, inclusive, for col-
lection in each of the years 1941 t0
116 Special Session, Dlay 16th, 1940
1943, inclusive, respectively, a direct
annual tax on all of the Taxable
property in said City sufficient to pay
the interest on said bands as the
same becomes due and to accumulate
a sinking fund to pay the principal
of said' bond's as the same matures.
Said taxes shall be collected each
year at th'e same time' and in the
same manner and in addition to' all
other taxes in and for said City, and
when collected- shall be converted into
a special fund Nhich is hereby
pledged for' and shall be usod only
to pay the' principal and interest of
said hoods, and the full faith, credit,
revenues and resom~ces and all the
real and personal property of said
City shall' be and are hereby irre-
vocably pledged for the regular and
due' levy, collection and- proper appli-
catimt of said tax,
SECTION 7. That it is hereby
fotmd and declared that the funds
necessary to pay the principal and
interest of said Doclc Bonds are the
following amounts in the following
years, respectively:
Year to be
produced Amount
1941 ................................................ ~ 3, 635.00
1942 ................................................ 3, 050'.00
1943 ................................................. 2; 020.00
That a certified copy of this ordi-
nance }ie filed with the County Audi-
tor of Dubuque County, and that said
Auditor be and he is hereby in-
structed in and for each of the years
1940 to 19'42, inclusive, to levy and
assess the tax sous to produce the
amounts as aforesaid for the years
1941 to 1943, inclusive, respectively.
The interest or principal coming due
at any time when the special fund
shall be insufficient to pay the same
shall be promptly paid when due
from current funds available for that
purpose, and reimbursement shall be
made from such special fund in the
sum thus advanced when the taxes
herein provided for have been col-
lected.
SECTION S. That all ordinances
or resolutions, or parts thereof, in
conflict herewith he and the same
are hereby repealed.
Introduced; NIay 6, 194U.
Passed and approved, May 16, 1940.
1'~. itl. THOIVIPSON,
Mayor.
PRANK VAN DUELMAN,
ALBERT WHARTON,
B. A. SCHUELLER,
GEO. R. MURPHY,
Attest; Councilmen.
J. J. Shea,
City Clerk,
Recorded; May 16th, 1940.
Published, May 20th; 1940.
J. J. SHEA,
City Clerk,
Couucilman Van Duelman moved
that the reading just had be con-
sidered the first reading of the ordi-
nance, Seconded by Cotmcilinan
Wharton, Carried by the following
vote:
Yeas-Mayor Thompson, Council•
men Mmphy,. Schueller, Van Duel-
man, R'harton.
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 Thompson, Council-
men nfhrphy, Schueller, Van DueL•
man, Wharton.
Nays-None.
The ordinance- was then read a
second time.
Councilman Van Duelman moved
that the reading just had Ue con-
sidered.the second reading of the
ordinance. Seconded by Council-
man Wharton. Carried by the fol•
lo7ving vote:
Yeas-Mayor Thompson, Council-
men Murphy, Schueller, Van Duel+
man, Wharton.
Nays-None.
The ordinance was then read a
third time.
Councilman Van Duelman moved
the adoption of the ordinance, Sec-
onded Uy Councilman Wharton. Car-
ried by tie following vote:
Yeas-Mayor Thompson, Council-
men Murphy, Schueller, Van Duel-
lrrall, Wllaltoll.
Nays-None.
Petition of Dubuque County Chap-
ter of the American Red Cross re•
questing permission for the string-
ing of a Danner across Main Street
at Ninth Street designating that the
Key City Gas Company office will
accept funds fol• the War Relief
campaign, presented and-read.
Councilman Murphy moved that
the request be grouted, Seconded
Uy Councilman Schueller. Carried
by the following vote:
Yeas-Dlayor Thompson, Council-
men Murphy, Schueller, Van Duel-
man, Wharton.
Nays-None.
Statement of Interstate Power
Company showing analysis of rev-
enues and expenses and rate of
return fm• electric and bus trans-
portation service for the City of
Dubuque as of December 31, 1939,
presented and read:
Councilman Murphy moved that
tie statement be referred to the
City Council for further considera-
tion. Seconded by Councilman Van
Duelman, Carried by the following
vote:
Yeas-Mayor Thompson, Couneil-
lnen Murphy, Schueller, Van Duel•
man, Wharton,
Nays-None.
May 16, 1940
To the Honorable Mayor and City
Council, Dubuque; Iowa.
Gentlemen.;
As per your 2uthorization of May
13th, Lot 3 of Randall~s Subdivision
has been acquired from Dubuque
County by quit claim deed for the
amount of the general tax involved.
of $1,045.32.
I recommend that a warrant be
ol•dered drawn in favor of Dubuque
Special Session, NIay 16th, 1940 117
County in the sum of $1,045.32 from
the General Fund.
Respectfully submitted,
A, A. RHOMBERG,
City Manager
Councilman Wharton moved that
the 1ecommendation of City Man-
ager Rhomberg be approved and the
City Auditor instructed to draw a
warl•ant in the amount of $1,045.32
on the General Fund for the pur-
chase of Lot 3 of Randall's Subdivi-
sion from Dubuque County. Sec-
onded by Councilman Schueller.
Carried by the following vote:
Yeas-Mayor Thompson, Council-
men Murphy, Schueller, Van Duel-
man, Wharton,
Nays-None.
May 16, 1940
Honorable Mayor and Members of
the City Council, City of Dubuque,
Iowa.
Gentlemen:
With reference to the claim of
Bud Kenneally filed April 26, 1940,
referred to me for investigation and
report, from the information I can
obtain I would recommend that this
claim be denied.
I am returning herewith the claim
as filed by Bud Kenneally.
Respectfully submitted,
JOHN J. KINTZINGER,
City So]icitol•.
Councilman Van Duelman moved
that the recommendation of City
Solicitor I{intzinger be approved
and that the claim be ordered dis-
allowed. Seconded by Councilman
Schueller. Carried by the following
Vote:
Yeas-Mayor- Thompson, Council-
men Murphy, Schueller, Van Duel•
man, Wharton.
Nays-None.
May 16,1940
Honorable Mayor and Members of
the City Council, City of Dubuque,
Iowa.
Gentlemen:
In r•egar•d to No. 28938, Elizabeth
Lange vs. the City of Dubuque, nosy
pending in the District Court of Du-
buque County, Iowa, wherein plain-
tiff claims that on OctoUer 11, 1936,
she stepped in an opening, hole and
depression on a broken pm•tion of
the curb at tie alley crossing next
adjoining the sidewalk, on tie north
side of 22nd street between Jack•
son and Washington Streets and
fell with great force and broke
bones of her left foot and otherwise
injured her entire body and nervous
system by reason of which she
claims damages for personal in-
juries, for permanent disfigurement
and deformation of her left foot,
lass of time, pain and suffering in
the suln of $1,000.00; that the peti•
tion in the above entitled accident
was filed January 3, 1939, in the
District Court of Dubuque County,
Iowa, and has been pending since
and is slow upon the trial list for
this May, 1940, term of the District
Court. I have conferred with the
attorneys for plaintiff and aftel•
solve negotiations, they have agreed
to settle if the City will pay $75,00,
they agree to dismiss action and
pay the court costs.
I respectfully recommend that the
claim be allowed in the sum of
$75.00 and that a warrant be issued
payable to R. P. Roedell, attorney
for Elizabeth Lange, for said sum of
$75.00 and that the same be de•
livered upon the execution of a
proper release.
Respectfully submitted,
JOHN J. KINTZINGER,
City Solicitor.
Couucilman Murphy moved that
the recommendation of City Solici-
tol• Kintzinger be approved and the
City Auditol• to be instructed to
draw a warrant in the amount of
$75.00 payable to R, P, Roedell,
Attorney for Elizabeth Lange, as
settlement in full of the claim of
the said Elizabeth Lange, said war-
rant to be delivered upon the execu-
tion of a proper release. Seconded
by Councilman Wharton, Carried
by tie following vote:
Yeas-Mayor Thompson, Council-
men Murphy, Schueller, Van Duel-
man, Wharton.
Nays-None,
Resolution No. 41-40
Whereas, application for Beer
Permit has been suUrnitted to this
Council for approval and the same
has been examined; Now, There-
fore,.
Be It Resolved by the Cauucil of
the City of Dubuque that the follow-
ing 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 FOR
PRIVATE CLUB
International Brotherhood of
Teamsters, Chauffeurs, Stablemen
and Helpers of America, Local No.
421,137.155 Main Street.
Passed, adapted and approved
this 16th day of May, 1940.
F, W, THOMPSON,
Mayor.
FRANK VAN DUELMAN,
B. A. SCHUELLER,
GEC. R. MURPHY,
Councilmen.
Attest; J. J. SHEA,
City Clerk.
118 Special Session, May 16th, 194()
Councilman Murphy moved the
adoption of the resolution. Second•
ed by Councilman Vau Duelman.
Carried by the following vote:
Yeas-Mayor Thompson, Council-
men Murphy, Schueller, Vau Duel•
man.
Nays-Councilman Wharton.
Resolution No. 42-40
Whereas, the Traffic Regulations
of the City of Dubuque provide
II. Restriction of Vehicles, Rule
(12) "Heavily laden vehicles shall
not be permitted to travel over
Main Street from West 2nd to West
13th Streets, and upou such other
streets, as the City Council may, by
resolution, from- time to time pre-
scribe ..."
And Whereas, it has been made
to appear to the City Council of the
City of Dubuque that heavily laden
vehicles are traveling on and over
Grandview Avenue;
And Whereas, such heavily laden
vehicles over five tons in weight,
including weight. of vehicles, should
be prohibited from traveliig on
Grandview Avenue;
Therefore, Be It Resolved by the
Council of the City of Dubuque that
heavily laden vehicles, over and
above five tons in weight, including
weight of vehicles, shall not be pet••
tnitted to travel over Grandview
Avenue.
Passed and approved May 1Gth,
1940,
F, W. THOMPSON,
Maycr.
FRANK VAN DUELMAN,
ALBERT WHARTON,
B. A. SCHUELLER,
GEO, R. MURPHY,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Murphy moved the
adoption of the resolution. Second+
ed by Councilman Wharton. Car•
Tied by the following vote:
Yeas-Mayor Thompson, Councih
men Murphy, Schueller, Van Duel•
man, Wharton.
Nays-None.
There being no further business
Councilman Van Duelman moved to
adjourn. Seceuded by Councilman
Wharton. Carried by the following
vote:
Yeas-Mayor Thompson, Council•
men, Murphy, Schueller, Van Duel•
man', Wharton.
Nays-None,
J. J. SHEA,
City Clerk,
Approved ........... ................1940.
Adapted ....................................1940.
Regular Session, June 3rd, 1940.
City Council
(Official)
Councilmen; 1 ......................................
Attest :................................................
City Clerk.
Regular Session, June 3rd, 1940.
Council met at 8:05 P. M
Present-Mayor Thompson, Council-
men Murphy, Schueller, Van Duelman,
Wharton, City Manager Rhomberg.
Mayor Thompson stated that this is
the regular monthly meeting of the
City Council for the purpose of acting
upou such business as may properly
come before the meeting.
Councilman Wharton moved that the
rules be suspended for the purpose
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
Thompson, Councilmen Murphy,
Schueller, Van Duelman, Wharton.
Nays-None, bars. Caroline Theiring
addressed the Council asking the City
Council to reconsider their former ac-
ticn in disallowing her personal injury
claim as recommended by the 'City So-
licitor. Councilman Wharton moved
that the verbal request of Mrs, Caroline
Theiring be referred to the City Coun-
cil. Seconded by Councilman Van Duel-
man. Carried by the following vote:
Yeas-Mayor Thompson, Councilmen
Murphy, Schueller, Van Duelman,
Wharton. Nays-None.
Messrs. David Hartig, Harry Sirkin
and $. P. Kretz addressed the Council
requesting that the present "City
Routes" markings on Main Street be
allowed to remain and that permission
be granted for the placing of a sign
at the intersection of Main and Four-
teenth Streets marked "Turn West to
meet Highway No. 20. Mr. M. L•
Harwood addressed the Council re-
questing that favorable action be taken
on routing Highway No, 20 over $ast
Fourth Street to Central Avenue,
thence over $ighth Avenue to Julien
Avenue, thence over Julien Avenue to
Delhi Street, thence over Delhi Street
to Delhi Road and make connections
with Highway No. 20 at Center Grove,
Councilman Murphy moved that the re-
quests be referred to the City Council
until such time as final disposition has
been made as to the location of the
new High Bridge. Seconded by Coun-
cilman Schueller. Carried by the fol-
lowing vote: Yea-Mayor Thomson,
Councilmen Murphy, Schueller, Van
Duelman, Wharton. Nays-None.
119
May 24, 1940,
To the Honorable Mayor,
City Council and City Manager,
Dubuque, Iowa.
Gentlemen;
I herewith submit a report of the fol-
lowing Class "B" Beer Permit holder.
An investigation concerning the opera-
tion of this. establishment since the per-
mit was last issued has been made an
is included in this report, together with
my finding regarding the character and
record of this permit holder.
Name: Mrs. Anna Kirkpatrick
Address: 457 laighth Avenue
Permit Number: 64
Issued: July 1, 1939
January 20, 1940: Lawrence Flynn
who owns rooming house at 553 l;ighth
Avenue complains of conduct of per-
sons at Ann's Tavern, stating that peo-
ple walking by on the sidewalk are
being accosted by women patrons of
the place.
January ZZ, 1940: Leo S, Roepsch of
Central Motor Company, 450 $ighth
Avenue, was interviewed concerning
the conditions around Ann~s Tavern
and corroborated the complaint of Mr,
Flynn. January 22, 1940: Officer
Joseph Osterhoff was detailed to make
survey of Ann's Tavern at about 3:15
P. M He purchased beer and while
in the place they were serving some-
thing that looked like wine.
January 23, 1940: Officer Osterhoff
again called at Ann's Tavern and pur-
chased two bottles of beer and a shot
of whiskey at 15 cents at 3:15 P. M.,
also a girl got a key and she and a
man went upstairs while officer was
present.
January 24,1940:10,30 A, M. Officer
Trentz called at Ann's Tavern, pur-
chased beer and looked around.
January 24, 1940: 3:40 to 4:10 P. M,
Officer Steffen visited Ann's Tavern,
purchased whiskey at 1S cents per shot.
Some remarks were made with refer-
ence to women being available for im-
moral purposes.
January 25, 1940: At about 10:00
A. M. Officer Trentz visited Ann's Tav-
ern and purchased whiskey at 15 per
shot.
January 25th, 1940: At about 6:00
P. M, Officers Steffen and Ostenberger
visited Ann's Tavern. Both purchased
whiskey and while there one Irma
Kerns propositioned Officer Steffen on
the idea of a party, for which she
would charge $3.00. Said Irma Kerns
got a key from Ann Kirkpatrick, who
was tending bar at the time, and took
the officer to a room on the second
floor. At that time Chief Strub and
Detective Horsfall and Officer Trentz
entered the place, searched it and found
the following liquors on the premises: