1939 January Council ProceedingsI
_I
i
Regular Session, J.
Citr Council
(Official.)
Regular Session, January 2, 1939.
No members of the Council being
present on roll calf the meeting was
postponed subject to call.
J, J. sxFA,
City Clerk.
Approved --------------------- 1939.1
Adopted ----------------------- 1939.
Councilmen: 3_______________________
.Attest: -----------------------------
City Clerk.
inuary 2nd, 1939. 1
Adjourned Regular Session, January 3rd, 1939.
City Council
(Offtctal)
Adjourned Regular Session, January
3rd, 1939.
Council met at 7:SS P. M.
Present-Mayor Clark, Councilmen
Murphy, Thompson, Vau Duelman,
Wharton, 'City 11~Ianager Rhomberg.
Mayor Clark stated that this meeting is
au adjourned meeting of the regular
meeting of January 2nd, 1939, for the
purpose of acting upon such business
as may properly come before a regular
meeting of the City Council.
Petition of It-n~I Construction Com-
pany requesting permission to use pow-
der for the excavation work at the Bry-
ant and Marshall Schools, presented
and read. Councilman Van Duelman
moved that the request be granted with
the provision that a blasting bond in
the amount of $5,000.00 be furnished to
cover al] liability for said blasting. Sec-
onded by Couucilmau Murphy. Car-
ried by the following vote: Yeas-
Mayor Clark, Councilmen Murphy,
Thompson, Van Duelman, 1Vhartou.
Nays-None.
Petitiat of Albert Fluckiger et al
requesting that Central Avenue be-
tween 4th and 5th Street be included in
the new parking regulations, presented
and read. Councilman Murphy moved
that the request be granted and the
City Solicitor be instructed to incor-
porate said request iu the ordinance
now being prepared. Seconded by
Couucilmau Thompson. Carried by the
following vote: Yeas-Mayor Clark,
Councilmen Murphy, Thompson, Van
Duelman, Wharton. Nays-None.
Resolution No. 134-38.
Be It Resolved, by the City Council,
of the City of Dubuque, Iowa:
Whereas, the City of Dubuque, of
the County of Dubuque, and State of
Iowa, pursuant to an advertisement for
bids on the construction of the pro-
posed reservoir herebefore published on
the 6th and 13th days of December,
1938, did on the 22nd day of December,
1938, at Ten O'clock A. M, at the City
Clerk's office in the City Hall, in Du-
buque, Iowa, receive bids for the con-
struction of a reservoir, which said bids
were taken under advisement by the
City Council.
Whereas, the base bid of Antmt
Zwack, Inc, for general work is the
lowest bid submitted by any responsible
bidder; and whereas a present estimate
of project costs is:
GENERAL WORK:
Contract No. 2-
Reservoir Complete_____$38,365.00
(Bid of Anton Zwack, Inc. 12-22-38)
Contract No. 1-
Deep Well _____________ 17,542.00
Pumps ----------------- 19,000.00
General for Building____ 55,500.00
Heating and Plumbing
for Building __________ 7,000.00
Preliminary, band, Engi-
neering __________________ 8,500.00
Legal, Overhead, etc._______ 500.00
Available for Contingencies__ 3,593.00
Funds Available-
Government Grant_$67,500.00
Applicant's Fttnds__ 82,500.00
$150,000.00
$150,000.00
Now, Therefore, Be It Resolved,
by the City Council, of the City and.
County of Dubuque, and State of Iowa:
That the contract for Reservoir, as
Contract No. 2 iu the amount of
$38,365.00 be awarded to Anton Zwack,
Inc., and that in accordance with the
contractor's proposal, for changes in
the work, either additions or c}educ-
tions, the following unit prices will
apply:
Earth excavation________7Sc per cu, yd.
Floor concrete against
ground_____________12.00 per cu, yd.
Formed concrete _____22.00 per cu. yd.
Provided, however, that this award
shall not be effective until the Anton
Zwack, Inc, shall have been notified in
writing by the City Manager, of such
award.
Be It Further Resolved, that this
resolution being deemed urgent and of
immediate necessity becomes effective
from attd after its final passage and
adoption by the City Council.
Approved and placed on file for one
week on December 27th, 1938.
Passed and adopted this 3rd day of
January, 1939. '
CARL A. CLARK, Mayor.
FRANK VAN DUELMAN,
ALBERT 1VHARTON,
GEO. R. MURPHY,
F. W. THOMPSOA?,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Van Duelman moved the
adoption of the resolution. Seconded
by Cotmcilman Wharton. Carried b}~
the following vote: Yeas-IVfayor
Clark, Councilmen Murphy, Thomp-
son, Van Duelman, Wharton. Nays-
None.
Resolution No. 1-39.
Be It Resolved, by the City Council
of the City of Dubuque that the fol-
lowing, having complied with the pro-
visions of lavv relating to the sale of
cigarettes within the City of Dubuque,
be granted a permit to sell cigarettes
and cigarette papers within said City
and the Manager is directed to issue
such permit on behalf of said City:
Name Address
The Great Atlantic & Pacific Tea'Co.
___N. E Corner 13th & Iowa Streets
Be It Further Resolved, that the
bond filed with the application be ap-
proved.
Adjourned Regular Session, January 3rd, 1939. 3
Passed, adopted and approved this
3rd day of January, 1939.
CARL A. CLARK, Mayor.
FRANK VAN DUELMAN,
ALBERT WHARTON,
GEO, R. MURPHY,
F. W. THONIPSON,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Murphy moved the adop-
tion of the resolution. Seconded by
Councilman Thompson. Carried by
the following vote: Yeas-Mayor
Clark, Councilmen Murphy, Thompson,
Vau Duelman, Wharton. Nays-Noce.
Resolution No. 2-39.
Whereas, applications for Class "B"
Beer Permits have been submitted to
this Council for approval and the same
have been examined: Now, Therefore,
Be It Resolved, by the Council of the
City of Dubuque that the following
applications be and the same are here-
by approved and it is ordered that the
premises to be occupied by such appli-
cants shall be forthwith inspected.
Class "B" Permit
Name Address
Peter Zillig_______2222 Central Avenue
Canfield Hotel___4th & Central Avenue
J. L. Spielmau__601 Rhomberg Avenue
Carl J. Pinger attd C. W. Petry
(The Rex)___127 West Sixth Street
Passed, adopted and approved this
3rd day of January, 1939.
CARL A, CLARK, Mayor.
FRANK VAN DUELMAN,
ALBERT WHARTON,
GEO. R. MURPHY,
F. W. THOMPSON,
Councilmen,
Attest: J. J. SHEA,
City Clerk.
Councilman Van Duelman moved the
adoption of the resolution. Seconded
by Councilman Murphy. Carried by
the following vote: Yeas-Mayor
Clark, Councilmen Murphy, Thomp-
son, Van Duelman, Wharton. Nays-
None.
Resolution No, 3-39.
Whereas, heretofore applications were
filed by the within named applicants
for Class "B" Beer Permits and they
received the approval of this Council;
and
Whereas, the premises to be occupied
by them have been inspected and found
to comply with the ordinances of this
City and they have filed a proper bond:
Now, Therefore,
Be It Resolved, by the Council of
the City of Dubuque that the Manager
be and he is hereby directed to issue to
the following named persons a Beer
Permit.
Class "B" Permit
Name Address
Peter Zillig_______2222 Central Avenue
Canfield Hotel__4th & Central Avenue
J. L. Spielman.,~601 Rhomberg Avenue
Carl J. Pinger aitd C. W. Petry
(The Rex)___127 West Sixth Street
Be It Further Resolved, that the
bonds filed by such applicants be and
the same are hereby approved.
Passed, adopted and approved this
3rd day of January, 1939,
CARL A. CLARK, Mayor,
FRANK VAN DUELMAN,
ALBERT WHARTON,
GEO. R. MURPHY,
F. W, THOMPSON,
Councilmen.
Attest: J. J, SHEA, City Clerk.
Councilman Van Duelman moved the
adoption of the resolution, Seconded
by Councilman Wharton. Carried by
the following vote; Yeas-Mayor
Clark, Councilmen Murphy, Thompson,
Van Duelman, Wharton. Nays-None.
Resolution No. 4-39. Preliminary ap-
proval of plans, specifications, form of
contract and cost of improvement, and
all other documents for the installation
of a New High Lift Pumping Unit at
Eagle Point Station, presented and
read. Councilman Murphy moved the
adoption of the resolutton. Seconded
by Councilman Van Duelman. Car-
ried by the following vote: Yeas-
Mayor Clark, Councilmen Murphy,
Thompson, Vau Duelman, Wharton.
Nays-None.
Resolution No. 5-39.
Whereas, the City Council of the
City of Dubuque, Iowa, has by resolu-
tion No. 4-39 given its preliminary ap-
proval on the proposed plans, specifica-
tions and fprm of contract, and esti-
mated cost of improvement, and placed
same on file in the office of the City
Clerk for public inspection, for the in-
stallation of a New High Lift Pumping
Unit at Eagle Point Pumping Station.
Be It Therefore Resolved, that on the
16th day of January, 1939, a Public
Hearing will be held at 7:30 o'clock
P. M. in the Council Chamber in the
City of Dubuque, at which time the
taxpayers may appear and make ob-
jection to the proposed plans and spe-
cifications and proposed form of con-
tract, to the cast of the improvement,
and the City Clerk be and he is hereby
directed to cause a notice of the time
and place of such hearing to be pub-
lished 10 days before said hearing in
official newspaper published in the City
of Dubuque, at which hearing the
Council will hear any objections and
enter on record its final decision there-
on.
Passed, adopted and approved this
3rd day of January, 1939.
CARL A, CLARK, Mayor.
FRANK VAN DUELMAN,
ALBERT WHARTON,
GEO. R. MURPHY,
F. W. THOMPSON,
Councilmen.
Attest: J. J. SHEA, City Clerk.
4 Adjourned Regular Session, January 3rd, 1939.
Councilman Van Duelman moved the
adoption of the resolution. Seconded
by Councilman Thompson. Carried by
the following vote: Yeas-Nlayor
Clark, 'Councilmen Murphy, Thomp-
son, Van Duelman, Wharton. Nays-
Nane.
Resolution No. 6.39,
Be It Resolved by the City Council
of the City of Dubuque, that pursuant
to a resohttion No. 4-39, which was
duly passed by this Council for the
Installation of a New High Lift Pump-
ing Unit at Eagle Point Station.
Be, and the same are hereby ordered
constructed by this Council upon its
own motion and with or without the
petition of property owners, All the
work shall be constructed iu accord-
ance with the plans and specifications
heretobefore adopted and now alt file
in the office of the City Clerlc.
Be It Further Resolved, that the cost
and expense of the said improvement
be paid for b}~ 4S% P1VA Grout and
balance from City Water Department
Funds.
Be It Further Resolved, that the
City Clerk be and he is hereby ordered
and directed to advertise for proposals
for the construction of the various im-
provements herein provided for in the
manner provided by law, the said im-
provements shall be completed within
180 consecutive calendar days, from the
date of commencement, which shall pe
specified in a written order by the Ctt}~
Manager.
Be It Further Resolved, that this
resolution being deemed urgent and of
immediate necessity shall be iit force
and effect from and after its passage
and adoption by the City Council.
Passed, adopted and approved this
3rd day of January, 1939.
CARL A. CLARK, Mayor.
FRANK VAN DUELMAN,
ALBERT IVHARTON,
GEO. R. MURPHY,
F. W. THOMPSON,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Van Duelman moved the
adoption of the resolution. Seconded by
Councilman Wharton. Carried by the
following vote: Yeas-Mayor Clark,
Councilmen Murphy, Thompson, Van
Duelman, Wharton. Nays-None,
Resolution No. 7-39. Preliminary
approval of plans, specifications, form
of contract and cost of improvement,
and all other documents for the con-
struction of a New Building at Eagle
Point Station, presented and read.
Councilman Murphy moved the adop=
tion of the resolution. Seconded by
Councilman Thompson. Carried by
the following vote: Yeas-Mayor Clark,
Councilmen Murphy, Thompson, Van
Duelman, Wharton. Nays-None.
Resolution No. 8-39.
Whereas, the City Council of the City
of Dubuque, Iowa, has by resolution
No. 7-39, given its preliminary approv-
al on the proposed plans, specifications
and form of contract, and estimated
cost of improvement, and placed same
on file itt the office of the City Clerk
for public inspection, for the construc-
tion of a New Building at Eagle Point
Station.
Be It Therefore Resolved, that on the
16th day of January, 1939, a Public
Hearing will be held at 7:30 o'clock
P. NI. in the Council Chamber in the
City of Dubuque, at which time the
taxpayers may appear and make ob-
jection to the proposed plans and speci-
fications and proposed form of con-
tract, to the cost of the improvement,
and the City Clerk be and he is hereby
directed to cause a notice of the time
and place of such hearing to be pub-
lished 10 days before said hearing in
official newspaper published in the City
ot• Dubuque, at which hearing the
Council will hear any objections and
enter ou record its final decision there-
on.
Passed, adopted and approved this
3rd day of January, 1939.
CARL A. CLARK, Mayor.
FRANK VAN DUELMAN,
ALBERT ~VHARTON,
GEO. R. MURPHY,
F. W. THOMPSON,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Van Duelman moved
the adoption of the ordinance. Sec-
onded by Councilman Wharton. Car-
ried by the following vote: Yeas-
Mayor Clark, Councilmen Murphy,
Thompson, Van Duelman, Wharton.
Nays-None.
Resolution No. 9-39.
Be It Resolved by the City of Du-
buque, that pursuant to a Resolution
No. 7-39, which was duly passed by
this Council for the Construction of a
New Building at Eagle Point Station;
Be, and the same are hereby ordered
constructed by this Council upon its
own motion and with or without the
petition of property owners. All the
work shall be constructed in accordance
with the plans and specifications here-
tofore adopted and now on file in the
office of the City Clerk,
Be It Further Resolved, that the cost
and expense of the said Improvements
be paid for by 4S% PWA Grant and
balance from City Water Deparment
Funds.
Be It Further Resolved, that the City
Clerk be and he is hereby ordered and
directed to advertise for proposals for
Adjourned Regular Session, January 3rd, 1939. 5
the construction of the various im-
provements herein provided for in the
manner provided by law, the said im-
provements shall be completed within
200 consecutive calendar days from the
date of commencement, which shall be
specified itt a written order by the City
Manager.
Be It Further Resolved, that this
resolution being deemed urgent and of
immediate necessity shall be in force
and effect from and after its passage
and adoption by the City Council,
Passed, adopted and approved this
3rd day of January, 1939.
CARL, A. 'CLARK, Mayor.
FRANK VAN DUELMAN,
ALBERT WHARTON,
GEO. R. MURPHY,
F. W. THOMPSON,
Councilmen.
Attest;
J. J. SHEA, City Clerk.
Councilman Van Duelman moved the
adoption of the resolution. Seconded
by Councilman Thompson. Carried by
the following vote: Yeas-Mayor 'Clark,
Councilmen Murphy, Thompson, Van
Duelman, Wharton, Nays-None.
Resolution No. 10-39. Preliminary
approval of plans, specifications, form
of contract and cost of improvement,
and all other documents for the in-
stallation of Plumbing and Heating in
Eagle Point Station, presented and
read. Councilman Murphy moved the
adoption of the resolution. Seconded
by Councilman Thompson. Carried by
the following vote: Yeas-Mayor Clark,
Councilmen Murphy, Thompson, Van
Duelman, Wharton. Nays-None.
Resolution No. 11-39.
Whereas, the City Comtcil of the
City of Dubuque, Iowa, has by Reso-
lution No. 10-39, given its preliminary
approval on the proposed plans, speci-
fications and form of contract, and esti-
mated cost of improvement, and placed
same ou file in the office of the City
Clerk for public inspection, for Installa-
tion of Plumbing and Heating in Eagle
Point Station.
Be It Therefore Resolved, that on
the 16th day of January, 1939, a Public
hearing will be held at 7:30 o'clock
P. M. in the Council Chamber itt the
City of Dubuque, at which time the
tax-payers may appear and make ob-
jection to the proposed plans and speci-
fications and proposed form of con-
tract, to the cost of the improvement,
aitd the City Clerk be and he is hereby
directed to cause a notice of the tune
and place of such hearing to be pub-
lished 10 days befot•e said hearing itt
official neta~spaper published iu the City
of Dubuque, at which hearing the
Council will hear any objections attd
enter on record its final decision there-
on.
Passed, adopted and approved this
3rd day of January, 1939.
CARL A, CLARK, Mayor.
FRANK VAN DU1a1aMAN,
ALBERT WHARTON,
GEO. R. MURPHY,
F, W, THOMPSON,
Councilmen.
Attest: J, j, SHEA,
City Clerk.
Councilman Thompson moved the
adoption of the resolution. Seconded
by Councilman Murphy. Carried by
the following vote; Yeas-Mayor 'Clark,
Councilmen Murphy, Thompson, Van
Duelman, Wharton, Nays-None.
Resolution No. 12-39.
Be It Resolved by the City Council
of the City of Dubuque, that pursuant
to a Resolution No. 10-39, which was
duly passed by this Council for the In-
stallation of Plumbing and Heating in
Eagle Point Station.
Be, and the same are hereby ordered
constructed by this Council upon its
owtt motion and with or without the
petition of property owners. All the
work shall be constructed in accordance
with the plans and specifications here-
tofore adopted and now on file in the
office of the City Clerk.
Be It Further Resolved, that the cost
and expense of the said improvements
be paid for by 4S% PWA Grant and
balance from City Water Department
Funds,
Be It Further Resolved, that the
City Clerk be and he is hereby ordered
attd directed to advertise for proposals
for the construction of the various im-
provements herein provided for in the
mamter provided by law, the said im-
provements shall be completed within
200 consecutive calendar days from the
date of commencement, which shall be
specified in a written order by the City
Manager.
Be It Further Resolved, that this
resolution being deemed urgent and of
immediate necessity shall be in force
and effect from and after its passage
and adoption by the City Council.
Passed, adopted and approved this
3rd day of January, 1939.
CARL A. CLARK, Mayor,
FRANK VAN DUELMAN,
ALBERT WHARTON,
GEO. R. MURPHY,
F, W, THO141PSON,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Murphy moved the adop-
tion of the resolution. Seconded by
Councilman 1Vhartou. Carried by the
following vote: Yeas-Mayor Clark
Councilmen Murphy, Thompson, Van
Duelman, 1Vharton. Nays-None.
Resolution No. 13-39, Preliminary
approval of plans, specifications, form
of contract attd cost of improvement,
6 Adjourned Regular Session, January 3rd, 1939.
and all other documents for the install-
ation of all Electrical Work at Eagle
Point Station, presented and read.
Councilman Murphy moved the adop-
tion of the resolutton, Seconded by
Councilman Thompson. Carried by
the following vote: Yeas-Mayor Clark,
Councilmen Murphy, Thompson, Van
Duelman, Wharton. Nays-None.
Resolution No. 14-39
'uVhet•eas, the City Council of the
City of Dubuque, Iowa, has by reso-
lution No. 13-39, given its preliminary
approval on the proposed plans, speci-
fications and fortn of contract, and
estimated cast, of improvement, and
placed same on file in the office of the
City Clerk for public inspection, for in-
stallation of all Electrical Work, at
Eagle Point Station.
Be It Therefore Resolved, that on the
16th day of January, 1939, a public
hearing will be held at 7:30 o'clock
P, M, in the Council Chamber in the
City of Dubuque, at which time the
taxpayers may appear and make ob-
jection to the proposed plans and spe-
cifications and proposed form of con-
tract, to the cost of the improvement,
and the City Clerk be and he is hereby
directed to cause a notice of the time
and place of such hearing to be pub-
lished 10 days before sold hearing in
official newspaper published in the City
of Dubuque, at which hearing the
Council will hear any obJections and
enter on record its final decision there-
on.
Passed, adopted and approved this
3rd day of January, 1939.
CARL A. CLARK, Mayor.
FRANK VAN DUELhIAN,
ALBERT WHARTON,
GEO. R. MURPHY,
F. W. THOMP5ON,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Van Duelman moved the
adoption of the resolution. Seconded
by Councilman Murphy. Carried by
the following vote: Yeas-114ayor Clark,
Councilme^ Murph}~, Thompson, Vau
Duelman, 1Vharton. Nays-None.
Resolution No. 15-39.
Be It Resolved by the City Council
of the City of Dubuque, that pursuant
to a Resolution No. 13-39, which was
duly passed by this Council for the in-
stallation of all Electrical \Vork at
Eagle Point Station.
Be, and the same are hereby ordered ',
constructed by this Council upon its
own motion and with or without the
petition of property owners. All the
work shall be constructed in accordance
with the plans and specifications here-
tofore adopted and now ou file in the
office of the City Cleric.
Be It Further Resolved, that the
cost and expense of the said improve-~,
ments be paid for by 4$°fo PWA Grant
and balance from City Water Depart-
ment Funds.
Be It Further Resolved, that the City
Clerk be and he is hereby ordered and
directed to advertise for proposals for
the construction of the various im-
provements herein provided for in the
manner provided by law, the. said im-
provements shall be completed within
200 consecutive days from the date of
commencement, which shall be speci-
fied itt a written order by the City
Manager,
Be It Further Resolved, that this
resolution being deemed urgent and of
immediate necessity shall be in force
and effect from and after its passage
and adoption by the City Council.
Passed, adopted and approved this
3rd day of January, 1939.
CARL A. 'CLARK, Mayor.
FRANK VAN DUELMAN,
ALBERT WHARTON,
GEO. R. MURPHY,
F. W. THOMPSON,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Van Duelman moved
the adoption of the resolution. Sec-
onded by Councilman 14lurphy. Car-
ried by the following vote: Yeas-
Mayor Clark, Councilmen Murphy,
Thompson, Vau Duelman, Wharton.
Nays-None.
January 3, 1939.
To the Honorable Mayor and
City Council, Dubuque, Iowa.
Gentlemen:
At a regular meeting held December
1, 1938, the Dubuque Planning and
Zoning Commission voted unanimously
to recommend to your honorable body
approval of the plan submitted to the
Planning and Zoning Commission by
the special committee consisting of
Messrs. Rhomberg, Nelson and Howie,
appointed on November 4th by Mayor
Clark and instructed at that time to
work out with the Iowa Highway De-
partment details involved in proposed
relocation of U. S. Highway No 20 en-
tering the city from the west. Attached
plat shows proposed and approved lo-
cation of No. 20 together with neces-
sary ramps and approaches.
Respectfully submitted,
R. V. McKAY, Secretary,
Planning and Zoning Commission,
By H. H. HOWIE.
Councilman Murphy moved that the
recommendation of the Planning and
Zoning Commission be made a matter
of record. Seconded by Councilman
Thompson. Carried by the following
vote: Yeas-Mayor Clark, Council-
men 11lttrphy, Thompson, Van Duel-
man, ';Vharton. Nays-None.
Resolution No. 16-39.
Form No. 662 County-Dubuque
12-23-35. Proj. No. F. A. 305-B.
Consenting to and approving plans
Adjourned Regular Session, January 3rd, 1939. 7
for the Improvement of the Exten-
sion of Primary Road within
Dubuque,
Whereas, the Iowa State Highway
Commission proposes to improve by
Paving the extension of Primary Road
No, U. S, 20 within the City 'of Du-
buque, in accordance with plans here-
tofore filed in the office of the Clerk of
said City of Dubuque as follows:
U. S. 20 from the west corporation
Sta. 1328-F4S.5 to Sta.136S~-2S,0, a dis-
tance of 0.699 miles; and
Whereas, the City has informed itself
as to said improvement and has exam-
ined said plans therefor; Now, There-
fore,
Be It Resolved by the City of Du-
buque:
1. That the said City of Dubuque
hereby consents to the proposed tm-
provement of the extension of Primary
Road No. U. S. 20 within the City of
Dubuque, and
2. That the plans for said proposed
improvement as now on file in the of-
fice of the Clerk of said City are hereby
approved, and,
3, That said City will take such
legal steps and prosecute to a conclu-
sion such legal action and/or proceed-
ings as are now or may hereafter be re-
quired.
a. To legally establish grade lines of
said designated Street in accordance
with and as shown by the plans of
said contemplated improvement here-
inbefore approved.
(b) To prevent encroachment upon
streets, highways and public grounds
of said city upon which said primary
road extension is now or may here•
after be located.
(c) To prevent erection of obstruc-
tions in said street, highways and
public places.
(d) To remove or cause to be re-
moved obstructions erected therein.
CARL A. CLARK, Mayor.
FRANK VAN DUELMAAT,
ALBERT WHARTON,
GEO. R. MURPHY,
F. W. THO114PSON,
Members of the Council of
Dubuque, Iotva.
Attest: J. J. SHEA, City Clerk.
Passed this 3rd day of January, 1939.
J. J. SHEA, City Clerk.
Councilman Van Duelman moved the
adoption of the resolution. Seconded
by Councilman Thompson Carried by
the following vote: Yeas-Mayor Clark,
Councilmen Murphy, Thompson, Van
Duelman, Wharton. Nays-None.
Councilman Vatt Duelman moved
that the rules be suspended fot• the pur-
pose of allot ing anyone present in the
Council Chamber, who washes to do so,
to address the Council. Seconded by
Councilman Murphy. Carried by the
following vote: Yeas-7vlayor Clark,
Councilmen Murphy, Thompson, Van
Duelman, Wharton. Nays-None,
Ordinance No. 1.39, An Ordinance
amending Ordinance No. 10-37 entitled:
"An ordinance regulating the use of ve-
hicles upon the streets of the City of
Dubuque; designating the provistons
hereof as the 'Traffic Code' of said
city; repealing all ordinances or parts
of ordinances in conflict herewith; and
providing a penalty for violation here-
of;" by repealing Rule 43 of Sub-title
V, and Rule 101, Rule 103, Rule 104,
and Rule 108 of Sub-title XIV of Para-
graph 609, Section 3 of said ordinance
and enacting substitutes therefor and in
lieu thereof, and by amending said Or-
dinance 10-37 by the insertion in and
addition to said ordinance of Paragraph
609a, Section 3a, providing for the re-
moval from streets and alleys and the
custody of vehicles found in violation
of any State Law or City Ordinance,
presented and read. Councilman
Thompson moved that the reading just
had be considered the first reading of
the ordinance. Seconded by Council-
man Murphy. Carried by the following
vote: Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton. Nays-None. Councilman
Murphy moved that the rules be sus-
pended requiring an ordinance to be
read on three separate days. Seconded
by Councilman Thompson Carried by
the following vote: Yeas-Mayor Clark,
Councilmen Murphy, Thompson, Van
Duelman, Wharton. Nays-None. The
ordinance was then read a second time.
Councilman Murphy moved that the
reading just had be considered the sec-
ond reading of the ordinance. Second-
ed by Councilman Thompson, Carried
by the following vote: Yeas-Mayor
Clark, Councilmen Murphy, Thompson,
Van Duelman, Wharton, Nays-None.
There being no further business
Councilman Van Duelman moved to
adjourn. Seconded by Councilman
Thompson. Carried by the following
vote: Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton. Nays-None.
J. J. sHIA,
City Clerk.
Approved ---------------------- 1939.
Adopted ---------------------- 1939.
Councilmen: i----------------------
Attest: ------------------ -----------
City Clerk.
Special Session, January 16th, 1939.
~rl~y ~OUIICII
(Official.)
Special Session, January 16th, 1939.
'Council met at 8:05 P. M.
Present-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton, City Manager Rhomberg.
Meeting called by order of Council-
men Thompson and Van Duelman.
Mayor Clark read the call and stated
that service thereof had been duly made
and that this meeting is called for the
purpose of conducting a hearing on the
plans attd specification, form of con-
tract and cost of improvement for
ATO. 1. Installation of a New High
Lift Pumping Unit at Eagle Point Sta-
tion.
No. 2 Construction of a New Build-
ing at Eagle Point Station.
No. 3. Installation of Plumbing and
Heating at Eagle Point Station.
No. 4. Installation of all Electrical
Work at Eagle Point Station.
Such other business will be transact-
ed as may properly come before a regu-
lar meeting of the City Council.
Councilman Wharton moved that the
rules be suspended for the purpose of
allowing anyone present iu the Council
Chamber, who wishes to do so, to ad-
dress the 'Council. Seconded by Coun-
cilman Van Duelman. Carried by the
following vote: Yeas-Mayor Clark,.
Councilmen Murphy, Thompson, Va^
Duelman, Wharton. Nays-Noce.
Mr. Arthur Eichmau et al addressed
the Council remonstrating against the
disturbing noises in the vicinity of Lin-
coln and Shiras Avenues caused by ma-
chinery being used in the sinking of a
deep well for the 1Vater Department
and stating that the noises prevent per-
sons from sleeping at eight and re-
questiug the City Council to take steps
to prevent the equipment from being
operated at night. Councilman Thomp-
son moved that the tnattet be referred
to the City \4anager with instructions
to hold a confernce with C. tiV. Var-
ner, contractor, for the purpose of
tvorkiug out a solution for the abate-
ment of the noises as complained of by
iVir. Arthur H. Eichman et al. Sec-
onded by Couucilmau Van Duelman.
Carried by the following vote: Yeas-
Mayor Clark, Councilmen Murphy,
Thompson, Van Duelman, 'uVhartou.
Nays-None.
Petitiou of Geo. & Emil Bock re-
questing permission for the installa-
tion of equipment required Eor a mod-
ern Super-Service Station at their pres-
ent garage building located at 2231 Cen-
tral Avenue, presented and read. Nir.
Bock addressed the Council requesting
that the prayer of their petition be
granted. Councilman Van Duelman
moved that the petition be referred
to the Planning and Zoning Com-
mission for their recommendation
with a request that they submit aprop-
er amendment to the Zoning Ordinance
for Council consideration. Seconded
by Councilman Van Duelman. Car-
ried by the following vote: Yeas-
Mayor Clark, Councilmen Murphy,
Thompson, Van Duelman, Wharton,
Nays-None.
Communication of the Legislative
Council of the Iowa State Federation
of Labor advising the City 'Council that
they are recommending and asking the
abolishment of the Class "C" permit
as contained in the State Beer Law,
presented and read. Councilman Van
Duelman moved to refer the communi-
cation to the City Council. Seconded
by Councilman Murphy. Carried by
the following vote: Yeas-lllayor Clark,
Councilten Murphy, Thompson, Van
Duelman, Wharton. Nays-None
Petition of I. C. Chamberlain & Son,
by D. C. Chamberlain, requesting that
the City Clerk be instructed to execute
the attached release on the bond of
Joseph H. Strub as Clerk of Police
Court, as he is uo longer holding said
office, presented and read. Councilman
Murphy moved that the request be
granted and that the City Clerk be in-
structed to execute said release on be-
half of the City of Dubuque. Seconded
by Councilman Thompson. Carried by
the follownig vote: Yeas-Mayor
Clark,_Cotmcilmeu Murphy, Thompson,
Vau Duelman, Wharton. Nays-None.
Petition of Harry E Miner request-
ing the cancellation of the penalties in
the amount of $15.85 ou the special as-
sessments levied against Lot 3 of Jan-
sen's Sub. No. 2 and Lot 2 of Jansen's
Sub. No. 3 for the improvement of
Roosevelt Street, presented and read.
Councilman Thompson moved that the
reyuest be granted and that a warrant
iu the amount of $15.85 be ordered
drawn on the Improvement Fund to
cotrer the amount of penalties waived.
Seconded by Councilman It4urphy. Car-
ried by the following vote: Yeas-
Mayor Clark, Councilme^ i\~Iurphy,
Thompson, Van Duelman, Wharton.
Nays-None.
Petition of A. M. Place, Receicer of
The Consolidated National Bauk, re-
questing that the single family restric-
tions ou Lots 8, 9, 10 and South S feet
of Lot 7 all iu Block 3, in Grandview
Park be removed, presented and read.
Councilman Murphy moved to refer
the petition to the Planning and Zon-
ing Commission for their recommenda-
tion and report. Seconded by Councl-
man Wharton. Carried by the follow-
ing vote: Yeas-Mayor Clark, Coun-
Special Session, January 16th, 1939.
cilmen 11lurphy, Thompson, Van Duel-
man, Wharton Nays-Noce.
Petitiou of Thor Fisko, Contractor,
by Voluer Nailing, requestiug permis-
sion to do blasting on the construction
of culverts on .the new relocated No.
20 Highway, presented and read. Couu-
cilmau Wharton moved that the request
be granted with the provision that a
Public Liability Bond iu the amount of
$5,000.00 be furnished covering said
blasting. Seconded by Councilman Vau
Duelman. Carried by the following
vote: Yeas-\~fayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton. Nays-None
Petitiou of 111arguerite Schetgen, re-
ferred to the Cih~ Council by the Board
of Supervisors, requesting suspension
of the 1938 taxes ou the South 22 feet;
of Lot 1S6 of, East Dubuque Addition,
presented and read. Councilman Mur-
phy moved to refer the petition to the
City Solicitor for investigation and re-
port. Seconded by Councilman Thomp-
son. Carried by the following vote:
Yeas-Mayor Clarlc, Councilmen 14fur-
phy, Thompson,. Van Duelman, Whar-
ton. Nays-None.
Petition of Geo. Bendel, referred to
the City Council by the Board of Su-
pervisors, requesting suspension of the
1938 taxes on Lot 1 of 2 and the S. W.
of Lot 3 and Lot 6 of Saufot•d's
Sub., presented and read Couucilmau
Murphy moved to refer the petition to
the Citv Solicitor for investigation and
report. Seconded by Councilman
Thompson. Carried by the following
vote; Yeas-Mayot• Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton. Nays-None
Communication of E. J. Ryan submit-
ting his resignation as a member of the
Civil Service Commission, presented
and read. Councilman Van Duelman
moved that the resignation be accepted
with regret. Seconded by Councilman
Murphy. Carried by the following vote:
Yeas-Mayor Clark, Councilmen Mur-
phy, Thompson, Van Duelman, Whar-
ton. Nays-None.
Petition of Wilfred Datisman et al
requestiug the City Council to exempt
from the proposed parking ordinance
the areas of Washington Park and Lo-
cust and Bluff streets, presented and
read. Councilman Wharton moved
that the petition be received and filed.
Seconded by Councilman Murphy. Car-
ried by the following vote: Yeas-
Mayor Clark, Councilmen Murphy,
Thompson, Vau Duelman, Wharton.
Nays-None.
Ordinance No. 1-39, An Ordinance
amending Ordinance No. 10-37 enti-
tled: "An ordinance requlatiug the use
of vehicles upon the streets of the City
of Dubuque; designating the provisions
hereof as the 'Traffic Code' of said
City; repealing all ordinances or parts
of ordinances iu conflict herewith; and
providing a penalty for violation here-
of;" by repealing Rule 43 of Sub-Title
V, and Rule 101, Rule 103, Rule 104,
and Rule 108 of Sub-title XIV of Para-
graph 609, Section 3, of said Ordinance
and enacting substitutes therefor and
in lieu thereof, and by amending said
Ordinance 10-37 by the insertion in and
addition to said Ordinance of Para-
graph 609a, Section 3a providing for
the removal from streets and alleys and
the custody of vehicles found in viola-
tion of any State Laty or City Ordi-
nance, said ordinance having been
passed upon first and second readings
ou January. 3rd, 1939, presented and
read a third time.
ORDINANCE NO. 1-39. ~~'
Au Ordinance amending Ordinance
No 10-37 entitled: "An ordinance reg-
ulating the use of vehicles upon the
streets of the City of Dubuque; desig-
nating the provisions hereof as the
`Traffic Code' of said city; repealing all
ordinances or parts of ordinances in
conflict herewith; and providing a pen-
alty for violation hereof;" by repealing
Rule 43 of Sub-title V, and Rule 101,
Rule 103, Rule 104, and Rule 108 of
Sub-title XIV of Paragraph 609, Sec-
tion 3, of said Ordinance and enacting
substitutes therefor and in lieu there-
of, and by amending said Ordinance
10-37 by the insertion iu and addition
to said Ordinance of Paragraph 609a,
Section 3a providing for the removal
from streets attd alleys and the custody
of vehicles found in violation of arty
State law or City Ordinance.
Be it ordained by the City Council of
the City of Dubuque:
Paragraph 736, Section 1
That Rule 43 of Sub-title V attd Rule
101, Rule 103, Rule 104, and Rule 108
of Sttb-title XIV of Paragraph 609,
Section 3 of an ordinance entitled "Or-
dinance No. 10-37. An ordinance regu-
lating the use of vehicles upon the
streets of the City of Dubuque; desig-
nating the provisions hereof as the
'Traffic Cade' of said city; repealing all
ordinances or parts of ordinances in
conflict herewith; and providing a pen-
alty for violation hereof," be, and the
same are hereby repealed and the fol-
lowing enacted in substitute therefor
and in lieu thereof:
(a) "Rule (43). In loading and un-
loading passengers, buses shall draw up
to the curb at the near side of street
intersections, excepting that at street
intersections upon Main Street from
West Fourth Street to West Eleventh
Street, both inclusive, buses shall draw
up to the curb and stop at the far side
of said designated street intersections.
Where spaces have been set apart for
bus stops or passenger zones, tt shall
10
Special Session, .,January 16th, 1939.
be unlawful, during the hours of Uus
operation from 6:00 A. M. to midnight,
for the operator of any vehicle, other
than a bus, to stand or park in any
such officially designated bus stop, ex-
cept that the operator of any passengeF
vehicle may temporarily stop in any
such Dtts stop or space for the purpose
of, and while actually engaged in the
foadittg or unloading of passengers."
(U) "Rule (101). No person shall
stop, stand or park a vehicle, except
when necessary to avoid conflict with
other traffic or in compliance with the
directions of a police officer, or traffic
control device, in any of the following
places:
1, On a sidewalk;
2. In front of a public or private
driveway;
3. Within an intersection;
4, Within five feet of a fire hydrant;
S. On a cross-walk;
6. 1~Vithin ten feet upon the approach
to any flashing Deacon, stop sign or
traffic control signal located at the side
of a street or roadway;
7. Within fifty feet of the nearest
rail of a railroad crossing, excepting
when parked parallel with such rail and
not exhibiting a red light;
8. Within twenty feet of the drive-
way entrance to any fire station, and on
the side of a street opposite the en-
trance to any fire station, within sev-
enty-five feet of said entrance when
properly sign posted;
9. Alongside or opposite any street,
excavation, or obstruction, when such
stopping, standing, or parking would
obstruct traffic.
10. On the roadway side of any ve-
hicle stopped or parked at the edge or
curb of a street;
11. In arty public alley within the area
bounded on the North Uy West
Twelfth Street, on the West by, Bluff
Street, on the South by West Fourth
Street, and on the East by Central Ave-
nue, excepting vehicles stopped or
parked for the purpose of taking on or
delivering goods or merchandise, or
vehicles used Uy the occupants of prop-
erty within the block, and only when
such vehicle shall be stopped or parked
in the transferring or delivering of
goads or merchandise to or from the
property so occupied by them; and such
vehicles shall Ue stopped or parked
therein only when said vehicles shall
he next to and as near to the side of
the alley as the condition of said alle}~
will permit, and in such manner and
place as will leave an opening of suffi-
cient width to permit the free passage
through said alley of other vehicles of
ordinary size:
12, Upon any street or in any alley
in any part of the City of Dubuque in
such a manner or under such conditions
as to leave available less than ten feet
of the width of the roadway of such
street or alley for the free movement of
vehicular traffic, excepting when neces-
sary itt obedience to traffic regulations
or traffic signs, or signals of a police
officer.
13. At any place where official signs
prohibit stopping or parking."
(c) "Rule (103). 1. Except in emer-
gency cases to avoid accidents, or to al-
low pedestrians or vehicles to pass, or
in obedience to traffic regulations or
traffic signs or signals, the operator of
a vehicle shall not stop, stand or park
such vehicle in a street or roadway
other than parallel with the curb or
edge of such street or roadway, headed
in the direction of traffic, and with the
curb-side or right hand wheels of such
vehicle within eighteen (18) inches of
the curb or edge of said street or road-
way, except as provided in the follow-
ing two paragraphs:
(a) Upon those streets wherein areas
have been estaUfished, marked or signed
far angular parking, vehicles shall he
parked at the angle to the curb indi-
cated by such marks or signs with
the right front wheel of such vehicle
resting against the curb and the body
of such vehicle within the outline of the
box or stall as marked. Vehicles hav-
ing agreater length than twenty (20)
feet, overall, shall not be permitted to
park at an angle upon any street.
(h) In places where, and at hours
when, stopping for the loading or un-
loading of merchandise or material is
permitted, moving vans or tracks, or
other vehicles handling heavy freight,
merchandise or •materials, shall be per-
mitted to back into the curb and park
at an angle with the traffic of not more
than forty-five (4S) degrees, to take on
or discharge loads, but permission for
such angle parking in areas ott arterial
highways, and in the business district
where angle parking is not otherwise
permitted, shall first be obtained from
the Chief of Police. Loading and un-
loading of merchandise, freight or ma-
terials shall not be done from a street
in the business district where the same
can be done from an alley.
2. The Chief of Police shall, with
the approval of the City Manager, de-
termine upon what streets angle park-
ing shall be permitted, and shall mark
or sign such streets or angle parking
areas, or cause the same to be marked
or signed.
3. The Chief of Police, with the ap-
proval of the City Manager, is hereby
authorized to issue to any owner of a
vehicle used to transport merchandise,
freight or materials, a special permit,
renewable annually, and to state therein
the terms and conditions thereof, al-
lowing the operator of such vehicle the
Special Session, January 16th, 1939,
privilege of loading or unloading while
such vehicle is backed against the curb
at an angle of forty-five (4S) degrees
with the traffic, if, in the opinion of the
Chief of Police such privilege is reason-
ably necessary in the conduct of the
owner's business and will not seriously
interfere with traffic, Such permit shall
either be in the possession of the oper-
ator or on the vehicle at said time ve-
hicle is backed against the curb or
parked at an ogle to take on or dis-
charge aload, and it shall be unlawful
for arty owner or operator to violate
any of the special terms or conditions
of such special .permit."
(c) "Rule 109. The owner or occu-
pant of any property located within the
area described in paragraph ]1, of Rule
101, wherein parking in a public alley is
prohibited, or the owner or occupant of
property abutting any other alley with-
in the Uusiness district, may, upon pro-
per application therefor, have estab-
lished and marked in the alley abutting
said property a "loading space" wherein
'may be stopped or parked vehicles used
solely for the purpose of taking or of
delivering goods or merchandise, or ve-
hicles used solely by such owner or oc-
cupant in transferring or delivering
goods or merchandise to or from said
property. Said application shall be
made to the Chief of Police, who is
hereby authorized, with the approval of
the 'City Manager, to grant such appli-
cation and to determine the size of such
"loading space," and designate the loca-
tion thereof, and who shall mark or
sign such space, or cause the same to be
marked or signed, It shall be unlawful
for any vehicle to use, occupy or park
in such designated "loading space' ex-
cepting for the purposes herein speci-
fied and designated."
(d) "Rule 108. Vehicles shall not be
parked Uetween the hours of 9:00 A. M.
and 6:00 P. M., Sundays and public
holidays excluded, far a longer period
of time than hereinafter designated up-
on the following named streets;
1. For longer than two hours upon
the following streets:
(a) Both sides of West Fourth Street
from Central Avenue to Bluff Street;
(b) Both sides of West Fifth Street
from Central Avenue to Bluff Street;
(c) The South side of West Sixth
Street from Central Avenue to Bluff
Street;
(d) The North side of West Sixth
Street from Central Avenue to Locust
Street;
(e) Both sides of East Seventh Street
from White Street to Central Avenue;
(f) The South side of West Seventh
Street from Central Avenue to Locust
Street;
11
(g) The North side of West Seventh
Street from Central Avenue to Bluff
Street;
(h) Both sides of West Ninth Street
from Central Avenue to Bluff Street;
(i) Both sides of West Tenth Street
from Central Avenue to Bluff Street;
(j) The South Side of West Eleventh
Street from Central Avenue to Bluff
Street;
(k) The North side of West Eleventh
Street from Iowa Street to Bluff Street;
(l) Bath sides of WestTwelfth Street
from Iowa Street to Bluff Street;
Provided, that such streets, or por-
tions thereof above designated, shall
first be marked by proper signs erected
at intervals with the words, "Two Hour
Parking, 9`.00 A. M, to 6:00 P, M,"
thereon,
2. For longer than one hour upon
the following streets:
(a) Both sides of Central Avenue
from Fourth Street to Eleventh Street
and from Thirteenth Street to Eigh-
teenth Street;
(b) Both sides of Iowa Street from
West Fourth Street to West Eleventh
Street;
(c) Both sides of Maiit Street from
West Fourth Street to West Twelfth
Street;
(d) The East side of Locust Street
from West Fourth Street to West
Twelfth Street;
(e) The West side of Locust Street
from West Fourth Street to 1Vest Sixth
Street, and from West Seventh Street
to West Twelfth Street;
(f) The East side of Bluff Street from
West Fourth Street to West Sixth
Street and from West Seventh Street
to West Twelfth Street;
(g) The West side of Bluff Street
from West Fourth Street to West
Twelfth Street;
(h) Both sides of Eighth Avenue
from Central Avenue to Bluff Street;
provided, that such streets or portions
thereof above designated, shall first be
marked by proper signs erected at in-
tervals, with the words, "One Hour
Parking 9:00 A. M. to 6:00 P. M."
thereon.
3. For longer than thirty (30) min-
utes between the hours of 7:00 A, M.
and 9:00 A. M., or noon and 1:30 P, M,
only, upon the following streets:
(a) Ou the West side of Locust
Street from West Sixth Street to West
Seventh Street;
(b) On the South side of West Sev-
enth Street from Locust Street to Bluff
Street;
(c) On the East side of Bluff Street
from West Sixth Street to West Sev-
enth Street;
12 Special Session, January 16th, 1939.
(d) On the North side of West Sixth
Street from Locust Street to Bluff
Street;
provided, that such streets or portions
thereof above designated shall first be
marked by proper signs erected at in-
tervals with the words, "One-Half
Hour Parking. 7:00 A. M, to 9:00 A.
t1I. and noon to 1:30 P. 1'I. only,"
thereon,
For the purpose of the regulations
herein provided, any vehicle moved a
distance of not more than one block
during the specified and desi~uated
parking period, shall be deemed to have
remained stationar}=.
Paragraph 737 Section 2
That the ordinance entitled: "Ordi-
nance No. 10-37. An ordinance regu-
lating the use of vehicles upon the
streets of the City of Dubuque; desig-
nating the provisions hereof as the
'Traffic Code' of said City; repealing
all ordinances or parts of ordinances in
conflict herewith; and providing a pen-
alty for violation hereof" be, and the
same is, hereby amended by adding
thereto and inserting therein after and
following Paragraph 609, Section 3.
Paragraph 609A, Section 3A as follows:
°Paragraph 609A, Section 3A.
Whenever a vehicle is found stopped
or parked in violation of any state law
or city ordinance, or in such manner as
causes a dangerous condition to exist or
whenever the owner or operator of a
vehicle has failed to report or heed a
notice to appear before the proper mag-
istrate, any police officer may remove
such vehicle from a street or aley to a
place of safekeeping. If such vehicle
must be serviced or towed, a fee of Two
($2.00) Dollars together with any other
necessary expense incurred in such re-
moval shall be assessed against the ve-
hicle and shal be paid before its release.
Paragraph 736 Section 3,
This ordinance shall be in force and
effect ten (10) days from and after its
final passage, adoption and approval by
the Citx Council, and publication as
provided by law.
Passed upon first and second read-
ings this 3rd day of January, 1939.
Passed, adopted and approved upmt
final reading this 16th day of January,
1939.
CARL A. CLARK, Mayor.
FRANK VAN DUELMAN,
ALBERT WHARTON,
GEO. R. MURPHY,
F. W. THOMPSON,
Councilmen,
Attest: J. J. SHEA, City Clerk.
Published officially in The Tele-
graph-Herald newspaper ou the 18th
day of January, 1939.
J. J. SHEA,
1-18-1t City Clerk.
Councilman Murphy moved the
adoption of the ordinance. Seconded
b'y Councilman Thompson Carried by
the following vote: Yeas-Mayor
Clark, Councilmen Murphy, Thomp-
son, Van Duelman, \Vharton. Nays-
Ntoue.
January 9, 1939.
To the Honorable Mayor and
City Council, Dubuque, Iowa.
Gentlemen:
I herewith submit the reports of the
City Auditor, City Treasurer, and City
Water Department for the month of
December, 1936, also a list of claims
and list of payrolls for which warrants
were drawn during the month of De-
cember, 1938.
Respectfully submitted,
A. A. RHOMBERG,
City Manager.
Councilman Murphy moved that the
reports be received and placed on file.
Seconded by Councilmn Thompson..
Carried by the following vote: Yeas-
114ayor Clark, Councilmen Murphy,
Thompson, Van Duelman, Wharton.
Nays-Noce.
January 16, 1939.
To the Honorable It-layor and
City Council, Dubuque, Iowa.
Gentlemen:
This is to advise that I have approved
the following bond and policies and de-
sire to have your approval on same for
filing:
Clerk of the Police Court
John A. Brady-Central Surety and
Ins. 'Corporation,
Excavation
Archie Levan. 2239 Central Avenue-
Policy No. CPL 7437 Western Casu-
alty & Surety Company.
H. B. McCarten, 231 West 5th Street-
Policy No. PL43174 Bituminous
Casualty Corporation.
Respectfully submitted,
A. A. RHOMBERG,
City Manager.
Councilman Muprhy moved that the
bonds and policies be approved and
placed on file. Seconded by Council-
man Wharton, Carried by the follow-
ing vote: Yeas-Mayor Clark, Coun-
cilmen Murphy, Thompson, Van Duel-
man, Wharton. Nays-None.
Proof of publication, certified to by
the publishers, of the notice of a pub-
lic hearing on the plans and specifica-
tions, form of contract and cost of im-
provements for the installation of a new
high lift pumping unit at Eagle Point
Station, for the construction of a new
Special Session, January 16th, 1939. 13
building at Eagle Paint Station, for the
installation of plumbing and heating at
Eagle Point Station, for the jnstallation
of atl electrical work at Eagle Point
Station, presented and read. Council-
man Murphy moved that the proof of
publication he received acid filed. Sec-
onded by Coutcilman Thompson. Car-
ried by the following vote: Yeas-
Mayor Clark, Councilmen Murphy,
Thompson, Van Duelman, Wharton.
Nays-None.
Resolution No, 17-39.
Whereas, proposed plans and specifi-
cations and form of contract for the
installation of a New High Lift Pump-
ing Unit at Eagle Point Pumping Sta-
tion, have been approved by the City
Council of the City of Dubuque, and
public notice given as provided by
Chapter 23 of the Code of Iowa 1935,
pertaining to public contracts and
bonds, attd the time and place fixed for
the hearing of all objections to said
plans, specifications or contract for cost
of such improvements, said time being
this 16th day of January, 1939; and
Whereas, the City 'Council met in
Special Session this 16th day of Janu-
ary, 1939, at 7:30 o'clock P. M. at the
Council Chambers in the City Hall for
the purpose of hearing all interested
parties and considering any and all ob-
jections which have been filed to the
proposed plans, specifications or con-
tract for or cost of the improvement
herein described and proposed to be
made; and
Be It Resolved, by the City Council
of the City of Dubuque, that all objec-
tions which have been made and filed
to the plans, specifications, contract for
or cost of said improvement herein de-
scribed and proposed to be made, be
and the same are hereby overruled and
such plans, specifications and form of
contract heretofore approved are here-
by adopted.
Be It Further Resoh=ed, that this
resolution containing the decision of
this Council upon all objections which
have been filed to the plans, specifica-
tions and form of contract for or cost
of said improvement be made a matter
of permanent record iu connection with
said improvement.
Passed, adopted and approved this
16th day of January, 1939.
CARL A. CLARK, mayor.
FRANK VAN DUELMAN,.
ALBERT 1VHARTON,
GEO. R. MURPHY,
F. W. THO114PSON,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Wharton moved the
adoption of the resolution. Seconded
by Councilman Thompson. Carried by
the following vote: Yeas-Mayor
Clark, Councilmen Murphy, Thompson,
Van Duelman, Wharton. Nays-None.
Resolution No, 16-39.
Whereas, proposed plans acrd specifi-
cations and form of contract for the.
construction of a New Building at
Eagle Point Station, have been ap-
proved by the City Council of the City
of Dubuque, and public notice given as
provided by Chapter 23 of the Code of
Iowa 1935, pertaining to public con-
tracts attd bonds, and the time and
place fixed for the hearing of all ob-
jections to said plans, specifications or
contract far cost of such improvements,
said time being this 16th day of Janu-
ary, 1939; and
IVhereas, the City Council met in
Special Session this 16th day of Janu-
ary, 1939, at 7:30 o'clock P. M, at the
Council Chambers in the City Hall for
the purpose of hearing all interested
parties and cottsiderittg any and all ob-
jections which have been Filed to the
proposed plans, specifications or con-
tract for or cost of the improvement
herein described and proposed to be
made; and
1Vhereas, all interested parties have
been given an opportunity to be heard
and all objections which have been filed
have been duly weighed and consid-
ered; now, therefore,
Be It Resolved by the City Council
of the City of Dubuque, that all ob-
jections tivhich have been made and
filed to the pl'aus, specifications, con-
tract for or cost of said improvement
herein described and proposed to be
made, be and the same are hereby over-
ruled and such plans, specifications and
form of contract heretofore approved
are hereb}= adopted.
Be It Further Resolved, that this
resolution containing the decision of
this Council upon all objections ~a*hich
have been filed to the plans, specifica-
tions and form of contract for or cost
of said improvement be made a matter
of permanent record in connection with
said improvement.
Passed, adopted and approved this
]6th day of January, 1939.
CARL, A. CLARK, Mayor.
FRANK VAN DUELMAN,
ALBERT ~VHARTON,
GEO. R. MURPHY,
F. W. THOMPSON,
Councilmen.
Attest:
J. J. SHEA, City Clerk.
Councilman Van Duelman moved the
adoption of the resolution. Seconded
by Councilman 'iVharton. Carried by
the following vote: Yeas-Mayor
14
Special Session, J
Special Session, January 16th, 1939, 15
Class "B" Permit.
Natne Address
Roy F. Gau and Louis Anthoine__
________________119 West 6th Street
Mrs, Margaret O'Brien (Transfer of
address from 428 West Locust
Street)__________212 West 1st Street
Passed, adopted and approved this
16th day of Jnuary, 1939.
CARI, A. CLARK, Mayor.
FRANK VAN DUELMAN,
ALBERT WHARTON,
CEO, R. MURPHY,
F. W. THOMPSON,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Van Duelman moved the
adoption of the resolution. Seconded
by Councilman Thompson. Carried by
the following vote: Yeas-Mayor
Clark, Councilmen Murphy, Thompson,
Van Duelman, Wharton. Nays-None.
January 16, 1939,
Honorable Mayor and City Council,
Dubuque, Iowa.
Re: Claim of Leona Kies vs. City of
Dubuque
Gentlemen:
At the last regula!• Council meeting
held on January 3, 1939, your honorable
body approved the recommendation
made by me relative to the. settlement
of the above entitled case.
In the itn~estigation of this claim and
case it was necessary that an examina-
tion be made of the claimant iu order to
determine the permanency of her in-
juries, and for that purpose I had her
examined by Dr. D. C, Conzett, and an
X-ray of her injured ankle taken at
St. Joseph's Mercy Hospital.
It has been called to my attention
that when expenses of this character
are incurred, it is necessary before pay-
ment that they be approved by your
body.
I would, therefore, respectfully rec-
ommend that the bill of Dr. D. C. Con-
zett in the sum of Fifteen ($15) Dollars
for examination of Miss Kies and the
bill of St. Joseph's Mercy Hospital in
the sum of Ten ($10) Dollars for X-
ray of her ankle be approved, and war-
rants ordered drawn in payment of the
same.
Respectfully submitted,
AI,. J. NEhSON,
City Solicitor.
Councilman Thompson moved that
the recommendation of City Solicitor
Nelson be approved and that a warrant
iu the amount of $15.00 be ordered
drawn in favor of Dr. D. C. Conzett as
payment of his bill for medical services
rendered iu the claim of I,eoua Kies
and also that a warrant in the amount
of $10.00 be ordered drawn in favor of
St. Joseph's Mercy Hospital as pay-
ment of their bill for X-ray taken in the
claim of I,,eona Kies. Seconded by
Councilman Murphy. Carried by the
following vote: Yeas-Mayor Clark,
Councilmen Murphy, Thompson, Van
Duelman, Wharton, Nays-None,
Clark, Councilmen Murphy, Thomp-
son, Van Duelman, 1Uharton. Nays-
None.
Resolution No. 19-39,
1Vhereas, proposed plans and specifi-
cations and form of contract for the
installation of Plumbing and Heating
at Eagle Point Station, have been ap-
proved by the City Council of the Cit}~
of Dubuque, and public notice given as
provided by Chapter 23 of the Code of
Iowa 1935, pertaining to public con-
tracts and bonds, and the time and
place fixed for the hearing of all ob-
lections to said plans, spec!fications or
contract for cost of such improvements,
said time being this 16th day of Janu-
ary, 1939, and
Whereas, the 'City Council met in
Special Session this 16th day of Janu-
ary, 1939, at 7:30 o'clock P. NI, at the
Council Chambers in the City Hall for
the purpose of hearing all interested
parties and considering any and all ob-
jections which have been filed to the
proposed plans, specifications or con-
tract for or cost of the improvement
herein described and proposed to be
made; and
Be It Resolved, by the City Council
of the City of Dubuque, that all objec-
tions which have been made and filed
to the plans, specifications, contract for
or cost of said improvement herein de-
scribed and proposed to be made, be,
and the same are hereby overruled and
such plans, specifications and form of
contract heretofore approved are here-
by adopted.
Be It Further Resolved, that this
resolution containing the decision of
this Council upon all objections tivhich
have been filed to the plans, specifica-
tions and form of contract for or cost
of said improvement be made a matter
of permanent record in connection with
said improvement.
Passed, adopted and approved this
l6th day of January, 1939.
CARL, A. CLARK, Mayor.
FRANK VAN DUEI.ivIAN,
ALBERT 1UHARTON,
GEO. R. MURPHY,
F. 1V. THO\IPSON,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Wharton moved the
adoption of the resolution. Seconded
by Councilman Van Duelman. 'Carried
by the following vote: Yeas-14layor
Clark, Councilmen Murphy, Thompson,
Van Duelman, Wharton. Nays-None.
Resolution No. 20.39,
1Vhereas, proposed plans and specifi-
cations and form of contract for the
installation of all electrical work at
Eagle Point Station, have keen ap-
16th, 1939,
proved by the City Council of the City
of Dubuque, and public notice given as
provided by Chapter 23 of the Code of
Iowa 1935, pertaining to public con-
tracts and bonds, and the time and
place fixed for the hearing of all ob-
jections to said plans, specifications or
contract for cost of such improvements,
said time being this 16th day of Janu-
ary, 1939, and
Whereas, the City Council met in
Special Session this 16th day of Janu-
ar}~, 1939, at 7:30 o'clock P. M, at the
Council'Chambers in the City Hall for
the purpose of hearing all interested
parties and considering any and all ob-
jections which have been filed to the
proposed plans, specifications or con-
tract for or cost of the improvement
herein described and proposed to be
made; and
Be It Resolved, by the City Council
of the City of Dubuque, that all ob-
jections which have been made and filed
to the plans, specifications, contract for
or cost of said improvement herein de-
scribed and proposed to be made, be
attd the same are hereby overruled and
such plans, specifications and form of
contract heretofore approved are here-
by adopted.
Be It Further Resolved, that this
resolution containing the decision of
this Council upon all objections which
have been filed to the plans, specifica-
tions attd form of contract for or cost
of said itnprovemettt be made a matter
of permanent record in connection with
said improvement.
Passed, adapted and approved this
16th day of January, 1939.
CARI, A. CLARK, Mayor.
FRANK VAN DUEI,MAN,
ALBERT WHARTON,
GEO. R. MURPHY,
F, VV. THOMPSON,
Councilmen.
Attest: J. J. SHEA, City Clerk.
Councilman Van Duelman moved the
adoption of the resolution. Seconded
by Councilman Wharton. Carried by
the following vote: Yeas-Mayor
Clark, Councilmen Murphy, Thomp-
son, Van Duelman, Wharton. Nays-
None.
Resolution No, 21-39.
1Vhereas, applications for Class "B"
Beer Permits have been submitted to
this Council for approval and the same
}rave been examined; Now, Therefore,
Be It Resolved, by the Council of
the City of Dubuque that the following
application be and the same are hereby
approved and it is ordered that the
premises to be occupied by such appli-
cants shall be forthwith inspected,
Resolution No. 22-36.
Be It Resolved by the City Council
of the City of Dubuque:
1. That this 'Council be recorded as
opposing the collection by the Federal
government of Income taxes for any
past period for either state, county or
municipal officials or employees, for the
reason that we believe it is un-Ameri-
can to enforce any provision of law
which no one contemplated for any past
period of time.
2. That the opposition of this Coun-
cil be also recorded to any attempt by
the Federal government to tax all state
and municipal bonds, thus increasing
interest costs up to twenty-five per cent
over what they are stow, for the reason
that this would tend to destroy all hope
for the betterment of the conditions of
the taxpayer. Should bond exemptions
be ended both as to state and federal
bonds it should not be done at the ex-
pense of the states and muncipalities
and their employees to the sole advan-
tage of the Federal,government, There
should be true reciprocity in any move-
ment to tax state and federal bonds.
3. That opposition to taxation of
state and federal bonds is hereby re-
corded by this Council for the further
reason that this city has both police and
fire pension funds that would be jeop-
ardized by the taxation of outstanding
public securities.
4. That the opposition of this Coun-
cil be also recorded against the taxa-
tion by the Federal government of in-
come of municipalities or other agen-
cies or utilities to pay an actual cor-
porate income tax upon their revenue
receipts for the reason that the same
would increase the burden of taxation
on its already overburdened citizens.
S. That in our opinion the taxation
of state and municipal securities should
never be permitted until such time as
the states have the right to tax Fed-
eral securities. As a governmental unit
of the state, in recognizing the sover-
eign right of the state, we contend that
the taxation of the income thereof
would be an encroachment upon the
sovereign right.
6. That this Council be recorded as
favoring an Act of Congress at its next
session to prevent the retroactive appli-
cation of any federal tax upon em-
ployees of states and their mumctpali-
ties.
7. That the opposition of this Coun-
cil be recorded against any attempt to
add to the cost of state and municipal
government by federal taxation without
first securing the consent of the states
through a constitutional amendment,
16
guaranteeing the reciprocal right to tax
future issues of federal securities in the
state and prohibiting any federal taxa-
tion of the revenues and already issued
securities of the states, their subdivi-
sions and agencies.
8. And that finall}~ we urge upon
Congress to preserve the balance of
power between the central government
on the one hand and the states and
municipalities ou the other.
Passed, adopted and approved this
16th day of January, 1939.
CARL, A. CLARK, Mayor.
PRANK VAN DU1:LIvIAN,
AL$IaRT WHARTON,
G1aO. R. MURPHY,
P. W. THOMPSON,
Councilmen.
Attest: J. J. SHI•A, City Clerk.
Councihnau Murphy moved the
adoption of the resolution and that the
City Clerk be instructed to forward a
copy of said resolution to United States
Senators Clyde L. Herring and Guy 114.
Gillette and to Untied States Congress-
man 1V. S• Jacobsen at ~Vashiugton,
D. C. Seconded by Councilman Thomp-
son Carried by the following vote:
Yeas-Mayor Calrk, Councilmen 11~Ittr-
phy, Thompson, Vau Duelman, Whar-
ton. Nays-None.
Councilman Whartou moved that Mr.
John A. Kerper be reappointed as a
member of the Dock Board for the
term expiring November 26th, 1941.
Seconded by Councilman Murphy.
Carried by the following vote: Yeas-
Mayor Clark, Councilmen Murphy,
Thompsou, Van Duelman, 1\Tharton.
Nays-None.
There being no farther business
Councilman Van Duelman moved to
adjourn. Seconded by Councilman
Murphy. Carried by the following
vote: Yeas-~~Iayor Clark, Councilmen
n~huphy, Thompson, Van Duelman,
Wharton. Nays-Noce.
J. J. SH1aA,
City Clerk.
Approved -----------------------1939
Adopted ------------------------1939.
Councilmen: i-----------------------
Attest: -----------------------------
City Clerk.
Special Session, J
16th, 1939.
Special Session, January 30th, 1939. 17
City Council
(Official.)
Special Session, January 30th, 1939.
Council met at S:1S P. M.
Present-Mayor Clark, Councilmen
Murphy, Thompsou, Van Duelman,
Wharton, City Manager Rhomberg.
Meeting called by order of Council-
men Van Duelman and Wharton.
114ayor Clark read the call and stated
that service thereof had been duly made
and that this meeting is called for the
purpose of considering the bids re-
ceived for the installation of a new
pumping unit at the $agle Point Sta-
tion, for the construction of a ttew addi-
tion at the $agle Point Station, for the
heating and plumbing tivork at the I5a-
gle Point Station, and for the electrical
work at the $agle Point Station and
acting on any other business as may,
properly come before a regular meet-
ing of the City Couucil.
Councilman 1Vharton moved that the
rules be suspended for the purpose of
allowing anyone present in the Council
Chamber ,who wishes to do so, to ad-
dress the Council. Seconded by Coun-
cilman Van Duelman. Carried by the
following vote: Yeas-Mayor Clark,
Councilmen Murphy, Thompson, Van
Duelman, Wharton. Nays-None. Mr.
John McDonald, Jr., Secretary of the
A. Y. McDonald Manufacturing Com-
pany addressed the Council, entering
objections to the specifications under
which bids were received for the in-
stallation of a new pumping unit at the
;~agle Point Pumping Station.
Proof of publication, certified to by
the publishers, of the notice to pump
manufacturers of the receipt of bids for
Water Works Improvements, City of
Dubuque, Iowa, presented and read.
Councilman Van Duelman moved that
the proof of publication be received and
filed. Seconded by Councilman Mur-
phy. Carried by the fallowing vote:
Yeas-Mayor Clark, Councilmen Mur-
phy, Thompson, Van Duelman, Whar-
ton. Nays-None.
January 20th, 1939.
Honorable Mayor and City Council:
Gentlemen:
Pursuant to Resolution 6-39 adopted
by the City Council, sealed bids were
received, and opened on January 26th,
1939, at 10:00 A. M,, for the Installation
of a New Pumping Unit at );ogle Point
Pumping Station as a part of PWA
Project 1684-P, for the Improvement
of Waterworks System.
Attached hereto is a tabulation of the
bids received, No irregularities were
found in -any of the proposals, We
recom_ mend that the Installation of the
New Pumping Unit be awarded to the
Climax I;nganeering Co. of Clinton,
Iowa, theirs being the lowest and best
bid received, as evaluated.
Very truly yours,
'uVAT)~R DP,PARTMI~NT
City of Dubuque, Iowa.
A. A. RHOMBERG,
City Manager.
J. J. HAIL„
Superintendent.
Councilman Van Duelman moved
that the communication of City Man-
ager Rhomberg and Water Superinten-
dent Hail, recommending that the in-
stallation of the new pumping unit at
the Eagle Point Pumping Station be
awarded to the Climax 13ngineering
Company, Clinton, Iowa, together with
the bids submitted for the installation
of said pumping unit, be referred to the
City Council for further consideration.
Seconded by Councilman Wharton.
Carried by the following vote: Yeas-
Niayor Clark, Councilmen Murphy,
Thompson, Van Duelman, 1Vharton,
Nays-Noce.
Claim of 14Irs. Mae Goard in the
amount of $100.00 for personal injuries
received in falling on a defective side-
walk on the west side of Algona Street
between Grace Street and Delhi Street,
presented and read. Councilman Van
Duelman moved to refer the claim to
the City Solicitor. Seconded by Coun-
cilman ivlurphy. Carried by the follow-
ing vote: Yeas-Mayor Clark, Coun-
cilmen Tt4urphy, Thompson, Van Duel-
man, Wharton. Nays-None.
Claim of 1a. T. n4cKenna in the
amount of $530.00 for personal injuries
received in falling on a defective side-
walk on the west side of Premout Ave-
nue near the intersection of Premont
Avenue and Simpson Avenue, presented
and read. Councilman Murphy moved
to refer the claim to the City Solicitor.
Seconded by Councilman Van Duel-
man. Carried by the following vote:
Yeas-Mayor Clark, Councilmen Mur-
phy, Thompson, Van Duelman, Whar-
ton. Nays-None.
Communication of Mrs. Dorothea
Link reporting that on January 23rd,
1939, she fell on an icy sidewalk in front
of Smith Meat Market on Hill Street
near West Pifth Street, presented and
read. Councilman Thompson moved
that the communication be referred to
the City Manager to advise Mrs, Doro-
thea Link that her communication does
not constitute a claim as it does not
conform with the laws of the State of
Iowa. Seconded by Councilman Mur-
phy, Carried by the following vote:
Yeas-Mayor Clark, Councilmen Mur-
phy, Thompson, Van Duelman, Whar-
ton. Nays-None.
Communication of Jos. $, Maher re-
porting that on January 23rd, 1939, he
fell on a defective sidewalk at 1421 Mt.
Pleasant Street, presented and read.
18 Special Session, January 30th, 1939.
Councilman Wharton moved that the
communication be referred to the City
Manager to advise Jos, E. Maher that
his communication does not constitute
a claim as it does not conform with the
laws of the State of Iowa. Seconded
by Councilman Van Duelman. Carried
by the following vote: Yeas-Mayor
Clark, Councilmen Ivlurphy, Thompsou,
Van Duelman, 'uVharton. Nays-None.
Communication of Francis P .Quinn
submitting Uis application for to sill the
vacancy on the Civil Set•vice Commis-
sion, presented and read. Couucilman
Van Duelman moved to refer the com-
munication to the City Council. Sec-
onded by Councilman Thompson. Car-
ried by the following vote: Yeas-
Mayor Clark, Councilmen Murphy,
Thompson, Van Duehnan, Wharton.
Nays-None.
Communication of Ryder Realty
Company advising the City Council
that they have no insurance on city
properties, presented and read. Coun-
cilman Thompsou moved to refer the
communication to the City Manager for
action. Seconded by Councilman Mur-
phy. Carried by the following vote:
Yeas-14layor Clark, Councilten Mur-
phy, Thompson, Vau Duelman, Whar-
ton, Nays-None.
Petition of J. J. Ludescher & Son, et
al, requesting that the parking limits be
extended on Eighth Avenue to the in-
tersection of Hill Street and Julien Ave-
nue, presented and read. Councilman
Murphy moved to refer the petition to
the City Mattaget•, Chief of Police and
Chief of Fire Department for investi-
gation and report. Seconded by Coun-
cilman Wharton. Carried by the fol-
lowing vote: Yeas-Mayor 'Clark,
Councilmen Murphy, Thompson, Van
Duelman, Wharton. Nays-None.
Petition of E. E. Frith Company, re-
questing permission to put itt a new
sewer on Eighteenth Street running
east and west from Sycamore Street to
the "B" Branch Sewer, presented and
read, Councilman Wharton moved that
the request be granted, the work to be
done under the supervision of the En-
gineering Department and the City So-
licitor instructed to prepare au ordin-
ance covering the same, the cost of pub-
lication of said ordinance to be borne
by the E. E. Frith Company. Seconded
by Councilman Van Duelman. Carried
by the following vote: Yeas-Mayor
Clark, Councilmen Mut•phy, Thompson,
Van Duelman, Wharton. Nays-None.
Petition of Grand Opera House, Inc.,
requesting permission to erect on the
ft•ont of the Strand Theatre a canopy
29 feet long and 10 feet wide, presented
and read. Couucilman Murphy moved
that the request be granted, the wot•k
to be under the supervision of the
Building 'Commissioner attd the City
Solicitor instructed to prepare an ordi-
nonce covering the same, the cost of
publication of said ordinance to be
borne by the Grand Opera House, Inc.
Seconded by Councilman Van Duel-
man. Carried by the following vote:
Yeas-Mayor Clark, Councilmen Mur-
phy, Thompson, Van Duelman, Whar-
ton. Nays-None.
Communication of David F. Loepp,
Mayor, City of Sioux City, Iowa, re-
questing that Fire Chief Ryan be grant-
ed permission to attend the fiftieth an-
niversary celeUratio^ of Fire Chief Kel-
logg, at Sioux City, Iowa, on March
l7th and 18th, presented and read.
Councilman Van Duelman moved that
the request he granted. Seconded by
Councilman Wharton. Carried Uy the
following vote: Yeas-Mayor Clark,
Councilmen Murphy, Thompson, Van
Duelman, Wharton. Nays-None.
Communication of J. H. Weimer
submitting application for reappoint-
ment as a member of the Local Board
of Review for the year 1939, presented
and read. Councilman Murphy moved
to refer the communication to the City
Council. Seconded by Councilman
Thompson. Carried by the following
vote: Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton. Nays-None,
Communication of United States Sen-
ator Guy M. Gillette acknowledging re-
ceipt of Resolution No.. 22-39 adopted
by the 'City Council on January 16th,
1939, presented and read, Councilman
Wharton moved that the communica-
tion be received and filed. Seconded by
Councilman Van Duelman, Carried by
the following vote: Yeas-Mayor Clark,
Councilmen Murphy, Thompson, Van
Duelman, Wharton. Nays-None.
Communication of United States Sen-
ator Clyde L. Herring acknowledging
receipt of Resolution No. 22-39 adopted
by the City Council on January 16th,
1939, presented and read, Councilman
Wharton moved that the communica-
tion be received and filed. Seconded
by Councilman Van Duelman, Carried
by the following vote: Yeas-Mayor
Clark, Councilmen Murphy, Thompson,
Van Duelman, Wharton. Nays-None.
Communication of United States
Congressman W. S. Jacobsen acknowl-
edging receipt of Resolution No. 22-39
adopted by the City Council on Janu-
ry 16th, 1939, presented and read.
Councilman Wharton moved that the
communication be received and filed.
Seconded by Councilman Van Duel-
man. Carried by the following vote:
Yeas-Mayor Clark, Councilmen Mur-
phy, Thompson, Van Duelman, Whar-
ton. Nays-None.
Proof of publication, certified to Uy
the publishers, of a statment of receipts
and also a list of claims for which war-
rants were drawn during the month of
December, 1938, presented and read.
Special Session, January 30th, 1939. 19
Councilman Thompson moved that the '
proof ~ of publication be received and
filed, Seconded by Councilman Mur-
phy. Carried by the following vote:
Yeas-Mayor Clark, Councilmen Mur-
phy, Thompson, Vau Duelman, Whar-
ton, Nays-None.
Report of the Board of Health for
the month of December, 1938, present-
ed. Councilman Murphy moved that
the report of the Board of Health for
the month of December, 1938, be ap-
proved as printed. Seconded by Coun-
cilman Vatt Duelman. Carried by the
following vote: Yeas-Mayor Clark,
Councilmen Murphy, Thompson ,Van
Duelman, Wharton. Nays-None.
Council Proceedings for the month
of November, 1938, presented for ap-
proval. Councilman Thompson moved
that the Council Proceedings for the
month of November, 1938, be approved
as printed. Seconded by Councilman
Murphy. Carried by the following
vote: Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton. Nays-None.
January 30th, 1939.
To the Honorable Mayor and
City Council, Dubuque, Iowa.
Gentlemen:
This is to advise that I have approved
the following bonds and policies and
desire to have your approval on same
for filing;
Signs
George Bock, 2231 Centro] Avenue-
General Accident Fire and Life As-
surance Corporation, Ltd., Policy No.
M. C. 538572.
Mary Coates (Coates Beauty Shop)
1324 Central Avenue-General Acci-
dent Fire and Life Assurance 'Cor-
poration, Ltd., Policy No. G-IA,
699833.
Coney Island Lunch, 493 Main Street
-General Accident Fire and Life As-
surance Corporation, Ltd., Policy No.
G-IA. 699846.
DeMaio Bros., 656 Maitt Street-Gen-
eral Accident Life and Fire Assur-
ance Corporation, Ltd., Policy No.
G-IA 699813.
Dubuque Tire & Battery Co., 7th and
Iowa Streets-General Accident Fire
and Life Asurance Corporation, Ltd.,
Policy No. MC-544200.
Galloway Company, Inc., 103 Main
Street-Bituminous Casualty Corpor-
ation, Policy No. OLT 20343.
F. M, Jaeger, 622 Main Street-Massa-
chusetts Bonding and Insurance Co.,
Policy GPL 108436.
John J. Juergens & Sons, 1824 Central
Avenue-General Accident Fire and
Life Assurance Corporation, I,td.,
Policy No. G-IA. 699845.
Kies Drug Store, 1362 Central Avenue
-Employers Mutual Casualty Com-
pany, Policy No. 2440$.
Courtland F, Hillyard & Sabyl H.
Kretschmer, 1135 Main Street-The
Fidelity and Casualty Company, Pol-
icy No. OT 110875.
Milton Kalmes, 1085 Julien Avenue-
Cotumbia Casualty Company, Policy
No. CLI 2784.
heath & Company, 664-72 Main Street
-Indemnity Ins. 'Company of N. A.
Policy No. OLT 340786.
Mi-Lady Beauty Salon, 221 West 9th
Street-Bituminous Casualty Com-
pany, Policy No. OLT 20354.
Pittsburgh Plate Glass Co., 653 Main
Street-Hartford Accident and In-
demnity Co., Bond,
John Schaetzle Drug Store, 2162 Cen-
tral Avenue-Bituminous Casualty
Corporation, Policy No. OLT 20280.
Universal'Car & Tractor Company, 930
Central Avenue-The Hoosier Casu-
alty Company, Policy No, OI,-3448.
'uValker Shoe Company, 661 Main
Street-Bituminous Casualty Corpor-
ation, Policy No. OLT 20344.
Henry Wilberding, 449 Main Street-
Employers Mutual Casualty Com-
pany, Policy No. 30284.
Respectfully submitted,
A. A. RHOMBER'G,
City Manager.
Councilman Wharton moved that the
bonds and policies be approved and
placed ou file. Seconded by Council-
man Van Duelman. Carried by the
following vote: Yeas-Mayor Clark,
Councilmen Murphy, Thompson, Vau
Duelman, Wharton. Nays-None.
Resolution No. 23-39.
Whereas, the City Council of Du-
buque, Iowa, has heretofore by Reso-
lution No. 107-38 accepted the offer of
the United States of America through
the Federal Emergency Adminstration
of Public Works to aid in financing the
Construction of Improvements to 'uVa-
ter Works System and Demolition of
Old Building as outlined in Iowa, Dock-
et No. 1684-F and
Whereas, such offer and acceptance
is conditioned upon the expenditure of
the balance on the part of the City of
Dubuque, Iowa, and
Whereas, in the progress of the pro-
ject it has become necessary and expe-
dient to supplement the funds available
for construction purposes in order to
insure the completion of the Project to
the satisfaction of the Federal Emer-
gency Administration of Public Works,
Now Therefore, Be It Resolved, by
the City Council of the City of Du-
buque, Iowa, that there be and there is
hereby appropriated the sum of $12,-
500.00 from the Water Worlcs General
Fund for the purpose of financing the
aforesaid construction of Improvements
to the Water Works System, and
Be It Further Resolved, that the City
Treasurer Ue and he is hereby directed
20 Special Session, January 30th, 1939.
to deposit in the First National Bank
of Dubuque, Iowa, to the credit of the
"Construction Account, Improvetents
to the Water Works System, Docket
Iowa 1684-F" the sum of $12,500.00,
the same to be segregated from all
other funds and to be used for no other
purpose whatsoever.
Passed, adopted and approved this
30th day of January ,1939.
CARL A. CLARK, Mayor.
FRANK VAN DUELn-IAN,
ALBERT 1~VHARTON
GEO. R. MURPHY
F. VV. TH011~IPSON,
Councilmen.
Attest: J, J. SHEA,
City Clerk.
Councilman nlurph}~ moved the adop-
tion of the resohttion. Seconded by
Councilman Thompson. Carried by the
following vote: Yeas-Nlayor• Clark,
Councilmen 14lurphy, Thompson, Van
Duelman, TVhartou. Nays-None.
Proof of publication, certified to by
the publishers, of the notice to building
contractors of the receipt of bids for
Water Wot•ks Improvements, City of
Dubuque, Iowa, presented and read,
Counclman Thompson moved that the
proof of publication be received and
filed. Seconded by Councilman Mur-
phy. Carried by the fallowing vote:
Yeas-Mayor Clark, Councilten 14Iur-
phy, Thompson, Van Duelman, Whar-
ton. Nays-None.
January 30th, 1939.
Honorable Mayor and City Council:
Gentlemen:
Pursuant to Resolution No. 9-39,
adopted by the City Council, sealed bids
were received and opened on January
26th, 1939, at 10:00 A. NI, for the Con-
struction of New Building at Eagle
Point Pumping Station as a part of
PWA Project 1684-F, for the Improve-
ment of Water Works System.
Attached hereto is a tabulation of the
bids received. No irregularities were
found in any of the proposals. We
recommend that the Construction of
New Building be awarded to Anton
Zwack, Inc., of Dubuque, Iowa, theirs
being the lowest and best bid received.
Very truly yours,
WATER DEPARTMENT
CITY OF DUBUQUE, IOWA,
A. A. RHOMBERG,
City Manager.
J. J, xAIL,
Superintendent,
Councilman Van Duelman moved
that the recommendation of the City
Manager and Water Superintendent be
approved and made a matter of record.
Seconded by Councilman Murphy. Car-
ried by the following vote: Yeas-
Mayor Clark, Councilmen Murphy,
Thompson, Van Duelman, Wharton.
Nays-None.
City of Dubuque, Iowa,
Resolution No, 24.39,
Be It Resolved, by the City Council
of the City of Dubuque, Iowa;
Whereas, the City of Dubuque, of
the County of Dubuque, and State of
Iowa, pursuant to an advertisement for
bids on the construction of building
heretofore published on the 10th and
17th day of January, 1939, did on the
26th day of January, 1939, at ten o'clock
A. 14, at the City Clerk's Office, in the
Cit}~ Hall, in Dubuque, Iowa, receive
bids for the construction of building,
which said bids were taken under ad-
visement by the city council.
Whereas, the base bid of ANION
ZWACK, Inc., for construction of
building is the lowest bid submitted by
any responsible bidder, and
Whereas, a present estimate cost is:
Building Construction-
(Contract No. 4)__________$52,769.00-
Heating and Plumbing Work-
(Contract No. S)__________ 1'+,978.00
Electrical Work-
(Contract No. 6)__________ 1,200.00
Pumping Unit-
(Contract No, 3)__________ 11,275.00
(As bid of January 26, 1939)
Whereas, previous contracts have
been made as follows:
Contract No. 1 Well________$17,542.00
Contract No. 2 Reservoir___ 38,365.00
Aud Whereas, future contracts are
esthuated as follows:
Contract No. 7 Deep Well
Pump ___________________ 8,000.00
Contract N.o. 8 Pump House 2,000.00
Contract No. 9 Supply Main
From Pump House_______ 5,500.00
Total Estimate of Con-
struction Contracts ______$151,629,00
Preliminary, Land and
Engineering ____________ 8,500.00
Legal, Overhead, etc._______ 500.00
$160,629,00
Funds Available PWA Grant$67,500.00
City Fttnds Available________ 95,000.00
$162,soo.ao
Now, Therefore, Be It Resolved by
the City Council of the City of Du-
buque, Iowa, that the contract for con-
struction of building, as Contract No. 4,
in the amount of $52,769.00 be awarded
to Anton Zwack, Inc., Dubuque, Iowa.
Provided, however, that this award
shall not be effective until Anton
Zwack, Inc., shall have been notified in
writing by the City Manager of such
award.
Be It Further Resolved, that this
resolution being deemed urgent and of
immediate necessity become effective
from and after its final passage and
adoption by the City Council.
Approved and placed on file for one
week for public inspection on January
30th, 1939. Councilman Van Duelman
Special Session, January 30th, 1939.
moved that the resolution be approved
and placed on file for one week for
public inspection. Seconded by Coun-
cilman Wharton. Carried by the fol-
lowing vote: Yeas-Mayor Clark,
Councilmen Murphy, Thompson, Van
Duelman, Wharton, Nays-None.
Proof of publication, certified to by
the publishers, of the notice to plumb-
ing and heating contractors of the re-
cetpt of bids for Water Works Im-
provements, City of Dubuque, Iowa,
presented and read. Councilman Mur-
phy moved that the proof of publica-
tion be received attd filed. Seconded
by Councilman Thompson. Carried by
the following vote: Yeas-Mayor
Clark, Councilmen Murphy, Thompson,
Van Duelman, Wharton. Nays-None.
January 30th, 1939.
Honorable Mayor and City Council:
Gentlemen:
Pursuant to Resolution No. 12-39,
adopted by the City Council, sealed
bids were received and opened on Janu-
ary 26th, 1939, at 10:00 A. M. for
Plumbing and Heating Work at Eagle
Point Station, as a part of PWA Pro-
ject 1684-F, for the Improvements to
Water Works System.
Attached hereto is a tabulation of the
bids received. No irregularities were
found in any of the proposals. We
recommend that the Plumbing and
Heating Work be awarded to Linehan
& Molo, of Dubuque, Iowa, theirs be-
ing the lowest and best bid received.
Very truly yours,
WATER DEPARTMENT,
CITY OF DUBUQUE, IOWA,
A. A. RHOMBERG,
City Manager.
J. J, HAIL,
Superintendent.
Councilman Van Duelman moved
that the recommendation of the City
Manager and Water Superintendent be
approved and made a matter of record.
Seconded by Councilman Murphy.
Carried by the following vote: Yeas-
Mayor Clark, Councilmen Murphy,
Thompson, Van Duelman, Wharton.
Nays-None.
City of Dubuque, Iowa
Resolution No. 25-39.
Be It Resolved, by the City Council,
of the City of Dubuque, Iowa.
Whereas, the City of Dubuque, of
the County of Dubuque, and State of
Iowa, pursuant to an advertisement for
bids oit the Installation of the proposed
Heating and Plumbing heretofore pub-
lished on the 10th and 17th day of Jan-
uary, 1939, did on the 26th day of Jan-
uary, 1939, at ten o'clock A. M., at the
City Clerk's Office, in the City Hall, in
Dubuque, Iowa, receive bids for the in-
21
stallation of the Heating and Plumbing,
which said bids were taken under ad-
visement by the City Council.
Whereas, the base bid of Linehan &
Molo, for heating and plumbing work
is the lowest bid submitted by any re-
sponsible bidder; and
Whereas, a present estimate cost is:
Building Contruction-
(Contract No. 4)__________$52,769.00
Heating and Plumbing Work-
(Contract No. S)__________ 14,978,00
Electrical Work-
(Contract No. 6)__________ 1,200.00
Pumping Unit-~
(Contract No. 3)__________ 11,275.00
(As of Bid of Jan. 26, 1939)
Whereas, previous contracts have
been made as follows;
Contract No. l Well_________$17,542.00
Contract No. 2 Reservoir____ 38,365,00
And Whereas, future contracts are
estimated as follows:
Contract No. 7 Deep Well
Pump -------------------- 8,000.00
Contract No. 8 Pump House_ 2,000.00
Contract No. 9 Supply Main
from Pump House________ 5,500.00
Total Estimate of Construc-
tion Contracts ___________$151,629.00
Preliminary, Land and
Engineering _____________ 8,500.00
Legal, Overhead, etc._______ 500.00
$160,629.00
Funds Available PWA Grant.$67,500.00
City Funds Available_______ 95,000.00
$162,500.00
Now, Therefore, Be It Resolved by
the City Council of the City of Du-
buque, Iowa, that the Contract for the
Installation of Heating and Plumbing,
as Contract No. S, in the amount of
$14,978.00 be awarded to the Linehan
R Mo(o, Dubuque, Iowa.
Provided, however, that this award
shall not be effective until the Linehan &
Molo shall have been notified in writing
by the City Manager of such award.
Be It Further Resolved, that this
resolution being deemed urgent and of
immediate necessity become effective
froin and after its final passage and
adoption by the City Council.
Approved and placed on file far one
week for public inspection on January
30th, 1939. Councilman Van .Duelman
moved that the resolution be approved
and placed on file for one week for
public inspection. Seconded by Coutt-
cilman Murphy. Carried by the follow-
ing vote: Yeas-Mayor Clark, Coun-
cilmen Murphy, Thompson, Van Duel-
man, 1Vhartou. Nays-None,
Proof of publication, certified to by
the publishers, of the notice to electrical
contractors of the receipt of bids for
Water Works Improvements, City of
22 Special Session, Januaty 30th, 1939.
Dubuque, Iowa, presented and read.
Councilman Ivlurphy moved that the
proof of publication be received and
filed. Seconded by Councilman IVhar-
ton. Carried by the following vote:
Yeas-Mayor Clark, Councilmen Mur-
phy, Thompson, Van Duelman, 1Vhar-
ton. Nays-None.
January 30th, 1939.
Honorable Mayor and City Council:
Gentlemen:
Pw•suant to Resolution No. 15-39,
adopted by the City Council, sealed
bids were received and opened ou Janu-
ary 26th, 1939, at 10:00 A. AEI. for Elec-
trical Work at Eagle Point Station, as
a part of PWA Project, for the Im-
provements of Water Worlcs System.
Attached hereto is a tabulation of the
bids received. No irregularities were
found in any of the proposals. 1Ve rec-
ommend that the Elechical Work be
awarded to the United Electric Co,,
Inc., of Dubuque, Iowa, theirs being
the lowest and best bid received.
Very truly yours,
WATER DEPARTA4ENT,
CITY OF DUBUQUE, IO1VA,
A. A. RHOIvIBERG,
City Manager,
J. J. HAIL,
Superintendent.
Councilman Murphy moved that the
recommendation of the City Manager
and Water Superintendent be approved
and made a matter of record. Seconded
by Councilman Thompson. Cart'ied by
the following vote: Yeas-Mayor
Clark, Councilmen Murphy, Thompson,
Van Duelman, 4Vhartott, Nays-None,
Mr. Clarence J. Willging addressed
the Council stating that the United
Electric Co., Inc., will comply with the
specifications in all respects covering
the electrical contract at the Eagle
Point Putnping Station.
City of Dubuque, Iowa.
Resolution No. 26-39.
Be It Resolved, by the City Council,
of the City of Dubuque, Iowa:
Whereas, the City of Dubuque, of
the County of Dubuque, and State of
Iowa pursuant to an advertisement for
bids on the Installation of the proposed
Electrical Work heretofore published
at the 10th and 17th ,days of January,
1939, did on the 26th day of January,
1939, at ten o'clock A. M. at the City
Clerk's Office, in the City Hall, in Du-
buque, Iowa, receive bids for the in-
stallation of electrical work, which said
bids were taken under advisement by
the City Council.
Whereas, the base bid of United
Electric Co., Inc., for installation of
electrical work is the lowest bid by
any responsible bidder; and
~1~'hereas, a present estimate cost is:
Building Construction-
(Contract No. 4)__________$$2,769.00
Heating and Plumbing Work-
(Contract No. S)__________ 14,978.00
Electrical Work-
(Contract No. 6)__________ 1,200.00
Pumping Unit-
(Contract No. 3)__________ 11,275.00
Whereas, previous contracts have
been made as follows:
Contract No. 1 Well_________$17,542.00
Contract No. 2 Reservoir____ 38,365.00
And Whereas, future contracts are
estimated as follows:
Contract No. 7 Deep Well
Pump ___________________ 8,000.00
Contract No. 8 Pump House_ 2,000.00
Contract No. 9 Supply Main
from Pump House________ 5,500.00
Total Estimate of Con-
struction Contracts ______$151,629.00
Preliminary, baud and
Engineering _____________ 8,500.00
Legal, Overhead, etc._______ 500.00
$16o,6z9.oo
Funds Available PWA Grant.$67,500.00
City Funds Available_______ 95,000.00
$162,500.00
Now, Therefore, Be It Resolved by
the City Council of the City of Du-
buque, Iowa, that the contract for elec-
trical work, as Contract No. 6, in the
amount of $1,200.00 be awarded to the
United Electric Co., Inc., Dubuque,
Iowa.
Provided, however, that this award
shall not be effective until the United
Electric Company shall have been no-
tified in writing by the City Manager
of such award.
Be It Further Resolved, that this
resolution being deemed urgent and of
immediate necessity become effective
from and after its final passage and
adoption.by the City Council.
Approved and placed on file for pub-
lic inspection for one week on January
30th, 1939. Councilman Van Duelman
moved that the t•esolution be approved
and placed on file for one week Eor
public inspection. Seconded by Coun-
cilman Murphy. Carried by the follow-
ing vote: Yeas-Mayor Clark, Coun-
cilmen Adurphy, Thompson, Van Duel-
man, Wharton, Nays-None.
Resolution No. 27-39.
1Vhereas, application for Class "B"
Beer Permit has been submitted to this
Council far approval and the same has
been examined; Now, Therefore,
Be It Resolved, by the Council of the
City of Dubuque that the following ap-
plication be and the same is hereby ap-
proved and it is ordered that the prem-
ises to be occupied by such applicant
shall be forthwith inspected.
Special Session, January 30th, 1939. 23
Class "B" Permit
Name Address
Roy F. Gau (Transfer of address from
2093 Washington St,)____________
___119 West 6th Street
Passed, adopted and approved this
30th day of January, 1939,
CARL, A. CLARK, Mayor.
FRANK VAN DUELMAN,
ALBERT WHARTON,
GEO, R. MURPHY,
F. W. THOMPSON,
Councilmen.
Attest: J. J. SHEA,
'City Clerk,
Councilman Van Duelman moved the
adoption of the resolution. Seconded
by Councilman Murphy, Carried by
the following vote: Yeas-Mayor
Clark, Councilmen Murphy, Thompson,
Van Duelman, Wharton. Nays-None.
Resolution No. 28-39.
Whereas, heretofore applications
were filed by the within named appli-
cants for Class "B" Beer Permits and
they received the approval of this Coun-
cil; and
Whereas, the premises to be occupied
by them have been inspected and found
to comply with the ordinances of this
City and they have filed a proper bond:
Now, Therefore,
Be It Resolved by the Council of the
City of Dubuque that the Manager be
and he fs hereby directed to issue to
the following named persons a Beer
Permit,
Class "B" Permit
Name Address
Roy F. Gau (Transfer of address from
2093 Washington St,)____________
________________119 West 6th Street
Roy F. Gau and Louis Anthoine____
________________119 West 6th Street
Mrs. Margaret O'Brien (Transfer of
address from 428 West Locust
Street)__________212 West 1st Street
Be It Further Resolved that the
bonds filed by such applicants be and
the same are hereby approved.
Passed, adopted and approved this
30th day of January, 1939,
CARL A. CLARK, Mayor.
FRANK VAN DUELMAN,
ALBERT WHARTON,
GEO. R. MURPHY,
F. 1V. THOMPSON,
Councilmen.
Attest: J. J. SHEA, City Clerk.
Councilman Murphy moved the adop-
tion of the resolution, Seconded by
Councilman Thompson, Carried by the
following vote: Yeas-Mayor Clark,
Councilmen Murphy; Thompson, Van
Duelman, Wharton, Nays-None.
Dubuque County.
Resolution No. 29-39.
Primary Road Extensions
Cities and Towns
Be It Resolved by the City Council
of the City of Dubuque, Iowa:
1. That pursuant to the provisions
of Section 47SS-b29 of the Code and
Chapter 1S4 of the laws of the 47th
General Assembly of the State of Iowa,
we hereby approve and consent to the
maintenance of all primary road ex-
tensions within said City during the cal-
endar year 1939, by the State Highway
Commission, as hereinafter set forth.
2. That the approval and consent
herein given for the maintenance of said
primary road extensions within the said
City of Dubuque is based on the as-
sumption and understanding that said
maintenance to be done by the State
Highway Commission will be paid far
by the State Highway Commission out
of the primary road fund, and that no
charge will be made against the City of
Dubuque on account of such mainten-
ance performed or to be performed by
the State Highway Commission on the
said primary road extensions within the
said City of Dubuque.
3, That the maintenance to be done
by the State Highway Commission on
the primary road extensions within the
City of Dubuque shall include the usu-
al surface maintenance, road-bed re-
pairs, repairs to bridges, culverts and
guard rail, and other maintenance usu-
ally performed on primary roads out-
side of cities and towns. That on
strets or portions of streets which are
curbed, the maintenance, except snow
removal, shall extend from curb to
curb. That the maintenance of such
primary road extensions shall include
plowing the snow from the full width
of the pavement or other surfacing,
provided that if the pavement or other
surfacing is more than thirty feet in
width, then the Highway Commission
will plow the snow from a traveled way
only about thirty feet in width.
4. That the maintenance of such pri-
mary road extensions by the Highway
Commission shall not include
(a) The loading and hauling away of
snow which is plowed off to the
side of the traveled portion of
the roadway.
(b) The sprinkling of the streets.
(c) The sweeping of the streets.
(d) The maintenance or repair of any
sewers, water pipes or other ser-
vices under the traveled surface
of the roadway or any costs in-
cident thereto.
5. That this resolution and the terms
thereof shall become effective upon the
approval and acceptance thereof by the
Iowa State Highway Commission.
24 Special Session, January 30th, 1939.
Resolution approved and adopted by
the City Council of the City of Du-
buque, Iowa, this 30th day of January,
1939.
Population 41,678.
CARL, A. CI;ARK, Mayor.
Attest: J. J. SHEA, Clerk.
Resolution approved and accepted by
the Iowa State Highway Commission
on the 14th day of February, 1939,
I. H. KNUDSON, Chairman,
Councilman Thompson moved the
adoption of the resolution. Seconded
by Councilman Murphy, Carried by
the following vote: Yeas-Mayor
Clark, Councilmen Murphy, Thompson,
Van Duelman, Wharton. Nays-None.
CONTRACT
County Dubuque.
City Dubuque.
Primary Road Extension Maintenance.
This written duplicate memoranda of
agreement made and entered into by
and between the City of Dubuque,
Iowa, Party of the First Part, and the
Iowa State Highway Commission,
Ames, Iowa, Party of the Second Part,
WITNESSETH:
In consideration of the performance
by the Party of the First Part, of main-
tenance work specified below, Second
Party agrees to pay First Party, dur-
ing December, 1939, $2790.00.
Party of the First Part agrees to per-
form for the Party of the Second Part,
all usual maintenance operations itt the
City of Dubuque on extensions of pri-
tnary roads specifically described as
follows: Roads No. 20, S2, 61, 67 and
151 or such parts of above roads as are
now maintained by the City of Du-
buque as shown by present classifica-
tion. 9.3 miles @ $300.00 per mile,
$2,790.00.
It is understood that "usual mainte-
nance operations" shall include surface
maintenance, road bed repairs, repairs
to bridges, culverts and guard rail attd
other maintenance usually performed
on primary roads outside of cities and
towns. On streets or portions of streets
which are curbed, the maintenance, ex-
cept snow removal, shall extend from
curb to curb. The maintenance of such
extensions shall include plowing the
snow from the full width of the pave-
ment or other surfacing provided that
if the pavement or other surfacing is
more than 30 ft. in width, the snow will
be plowed from traveled way only
about 30 ft. in width.
Party of the First Part further agrees
to perform special maintenance work
for the party of the Second Part on tft2
above designated extensions. This spe-
cial maintenance work is specifically de-
scribed as follows: a later supplement-
al contract ~~ill be made to cover spe-
cial maintenance.
Iri Witness Whereof, the Parties
hereto have set their hands, for the pur-
poses herein expressed, on this 30th
day of January 1939.
CITY OF DUBUQUE,
City or Town
By CARL A. CLARK, Mayor.
First Party.
IOWA STATFt HIGHWAY COM-
MISSION
By I. H. KNUDSON,
Second Party.
Recommended for Approval February
1, 1939. C, A. I,IVINGSTON,
Engineer
Councilman Van Duelman moved
that the contract be approved and that
the Mayor be authorized to execute the
same on behalf of the City of Du-
buque, Iowa. Seconded by Councilman
Wharton. Carried by the following
vote: Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
1Vharton. Nays-None.
January 30, 1939.
Honorable Mayor and City Council,
Dubuque, Iowa.
Re: Claim of Mrs Dorothy Slater.
Gentlemen:
On February 3, 1938, there was filed
with the City Clerk, the claim of Mrs.
Dorothy Slater in the sum of Five Hnn-
dred ($S00) Dollars, on account of per-
sonal injuries sustained by her on De-
cember S, 1937, which claim was there-
after and prior to my assumption of the
office of City Attorney, referred to the
City Solicitor far investigation and re-
port.
Thereafter, and on March 3, 1938,
lirior to the date of my appointment as
City Solicitor, suit was instituted in the
District Court of Dubuque County,
Iowa, on this claim in the sum of Five
Hundred ($500) Dollars.
I beg to advise that I have completed
investigation of this claim and suit, and
find that this accident happened on De-
cember 5, 1937, while the claimant was
walking in a Westerly direction upon
the sidewalk ou the South side of
Rhomberg Avenue, between Jackson
Street and White Street, and that the
accident happened on the cross walk
iu the alley in this block when plaintiff
stepped upon the crosswalk and upon
snow and ice which had accumulated
upon the crosswalk, and fell upon her
face sustaining a cut on the left side of
her tipper lips, and the breaking of part
of an upper tooth.
Investigation discloses that claimant
consulted a physician and received
treattnent necessitating a number of
stitches to close up the wound in her
upper lip and also had to consult a den-
tist in the repair of the injury to her
tooth and incurred both medical and
dental expense.
Special Session, January 30th, 1939. 25
From the evidence adduced as the
result of investigation made I find that
the snow and ice which had accumulat-
ed upon this crosswalk was in a rough,
ridged and uneven condition at the time
of this accident, and that this condition
had existed for a considerable period of
time ,sufficient to constitute construc-
tive notice to the city.
I have conferred personally with the
claimant in this case, taking her state-
ment, and after full investigation of the
claim and suit, respectfully recommend
settlement of the case for the sum of
Seventy-five ($75.00) Dollars.
I accordingly recommend to your
honorable body that upon the execution
of the receipt and release by the claim-
ant Mrs. Dorothy Slater, and upon the
dismissal of the suit instituted in the
District Court of Dubuque County,
Iowa, by the claimant or plaintiff with
prejudice, and at plaintiff's costs, that a
warrant be drawn in the sum of Seven-
ty-five ($75) Dollars, payable to Walter
Koerner, attorney far Mrs. Dorothy
Slater, in full settlement of all claims
against the city in this matter.
Respectfully submitted,
AL. J. NELSON,
City Solicitor
Councilman Van Duelman moved
that the recommendation of City So-
licitor Nelson be approved and that a
warrant in the amount of $75.00 be or-
dered drawn payable to Walter Koer-
ner, Attorney for Mrs. Dorothy Slater,
as settlement in full of her claim and
suit for personal injuries received in
falling upon a defective crosswalk on
the south side of Rhomberg Avenue, be-
tween Jackson Street and White Street
and that upon the execution of the re-
ceipt and release by the claimant and
upon the dismissal of the suit instituted
in the District Court of Dubuque
County, Iowa, by the claimant or
plaintiff with prejudice, and at plain-
tiff's costs, that said warrant be deliv-
ered to Walter Koerner, Attorney for
Mrs. Dorothy Slater. Seconded by
Councilman Wharton. Carried by the
following vote: Yeas-Mayor Clark,
Councilmen Murphy, Thompson, Van
Duelman, Wharton, Nays-None.
Councilman Thompson moved that
the petition of George Bendel request•
ing suspension of the 1938 taxes on Lot
1 of Sub. 2, and the S. W. r/z of Lot 3,
and Lot 6 of Sanford's Sub., be granted
and the Board of Supervisors to be no~
tified of the action of the City Council
Seconded by Councilman Murphy. Car
ried by the following vote: Yeas-
Mayor Clark, Councilmen Murphy
Thompson, Van Duelman, Wharton
Nays-None.
Councilman Van Duelman moved
that the petition of Marguerite Schet-
gen requesting suspension of the 1938
taxes on the South 22 feet of Lot 156
of East Dubuque Addition, be granted
and the Board of Supervisors to be no-
tified of the action of the City Council.
Seconded by Councilman Wharton.
Carried by the following vote: Yeas-
Mayor Clark, Councilmen Murphy,
Thompson, Van Duelman, Wharton.
Nays-None.
January 30th, 1939.
Honorable Mayor and City Council,
Dubuque, Iowa.
Gentlemen:
Referring to attached petition of
Messrs. George and Emil Back referred
to the Planning and Zoning Commis-
sion by the City Council on January
19th, 1939, it was the unanimous judg-
tnettt of the Commission that Messrs.
Bock were requesting an extension of
a present non-conforming use of their
property, and that the Board of Adjust-
ments under Article IX of the Zoning
Ordinance already had jurisdiction..
Thus if the City Solicitor confirms. the
interpretation of the Commission, the
Commission recommends that the City
Council refer the matter back to the
Board of Adjustment.
Respectfully submitted,
R. V. bIcKAY, Secretary
Planning & Zoning Commission.
Councilman Van Duelman moved
that the recommendation of the Plan-
ning and Zoning Commission be ap-
proved. Seconded by Councilman
Thompson. Carried by the following
vote: Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton. Nays-None,
January 30th, 1939,
Honorable Mayor and City Council,
Dubuque, Iowa,
Gentlemen:
With reference to petition of A, M.
Place, Receiver for the Consolidated
National Bank, the Planning and Zon-
ing Commission wishes to recommend
to the City Council that the petition be
denied,
As a matter of established zoning
policy, the Planning and Zoning Com-
mission is opposed to rezoning of single
premises out of conformity with sur-
rounding property uses. This policy is
supported by a recent Pennsylvania
Supreme Court decision which rules
that there is no basis in zoning proced-
ure to justify rezoning of single prop-
erties to meet some individual desire.
The Commission feels that to rezone
this property would damage other sin-
gle family homes in an ideal "Single
Family Residence District" and, there-
fore, is not warranted.
Respectfully submitted,
R, V. McKAY, Secretary,
Planning and Zoning Commission.
26 Special Session, January 30th, 1939.
Councilman Van Duelman moved
that the recommendation of the Plan-
ning and Zoning Commission be re-
ceived and filed. Seconded by Couu-
cilmatt Thompson Carried by the fol-
lowing vote: Yeas-Mayor Clark,
Councilmen Murphy, Thompson, Van
Duelman, Wharton. Nays-None.
Councilman Wharton moved that
the petition of A M. Place, Receiver
for the Consolidated National Bank,
requesting the removal of the single
family restrictions on hots 8, 9, 10 and
South S feet of 7 all in Block 3 in
Grandview Park, be granted and that
the City Solicitor be instructed to pre-
pare the proper proceedings. Seconded
by Councilman Van Duelman. Carried
by the following vote: Yeas-Tvlayor
Clark, Councilmen Murphy, Thomp-
son, Van Duelman, Wharton. Nays-
None.
There being no further business,
Councilman Van Duelman moved to
adjourn. Seconded by Councilman
Thompson. Carried by the following
vote; Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton. Nays-None.
J. J. SH>~A,
City Clerk.
Approved ____________________ 1939.
Adopted _____________________ 1939.
Councilmen; _______________________
Attest: -----------------------------
City Clerk.
Regular Session,
City Council
(Official,)
Regular Session, February 6th, 1939.
Council met at 8:50 P. M.
Present-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
1Vharton, City Manager Rhomberg.
Mayor Clark stated that this is the
regular monthly meeting of the City
Council for the purpose of acting upon
such business as may properly come
before the tneeting.
Councilman Vau Duelman moved
that the rules be suspended for the pur-
pose of allowing anyone present in the
Council Chamber, who wishes to do so,
to address the Council. Seconded by
Councilman Wharton. Carried b}~ the
following vote: Yeas-Mayor Clark,
Councilmen Murphy, Thotpson, Van
Duelman, Wharton. Nays-None.
Messrs J. A Hennig and J. J. I,udesch-
er, Jr., addressed the Council requesting
that the parking limits be extended on
$ighttt Avenue between Bluff Street
and Julien Avenue.
Petition of Shiloh Circle, No. 37, La-
dies of the Grand Army of the Repub-
lic, requesting permission for the hold-
ing of a Tag Dap on Saturday, April
8th, 1939, presented and read. Council-
man Thompson moved that the request
be granted. Seconded by Councilman
Murphy. Carried by the following vote:
Yeas-Mayor Clark, Councilmen Mur-
phy, Thompson, Van Duelman, Whar-
ton Nays-None.
Claim of H. M. Bradley in the
atnotint of $19.83 for damages to his
milk truck and its contents due to the
poor condition of the alley between
Audubon and Adair Streets which
caused the truck to slide over the bank
and turn over, presented and read.
Councilman Vau Duelman moved to
refer the Claim to the City Solicitor.
Seconded by Councilman Wharton.
Carried by the following vote: Yeas-
Mayor Clark, Councilmen Murphy,
Thompson, Van Duelman, Wharton.
Nays-None.
Bill of James F. I,ee Paving Co. in
the amount of $281.50 to cover S63 Cu.
Yds. Asphalt Sand taken from Lot 129
Ham's Addition by City Trucks, pre-
sented and read. Councilman Van Duel-
man moved to refer the bill to the City
Nlauager for investigation and report.
Seconded by Councilman Murphy.
Carried by the following vote: Yeas-
Mayor Clark, Councilmen 11/urphy,
Thompson, Van Duelman, Wharton,
Nays-None.
Petition of Fischer Investment Co.,
et a14 requesting that "non-parking" be
6th, 1939.
27
extended on Locust Street from Fourth
Street to Third Street, presented and
read. Councilman Van Duelman moved
to refer the petition to the City Man-
ager, Chief of Police attd Chief of the
Fire Department for investigation and
report. Seconded by Councilman Mur-
phy. Carried by the following vote:
Yeas-Mayor Clark, Councilmen Mur-
phy, Thompson, Van Duelman, Whar-
ton. Nays-None.
Petition of John J, and H L. I,und-
beck, by Catherine laundbeck, referred
to the City Council by the Board of
Supervisors, requesting suspension of
the 1938 taxes on I,ot 11 of Cox's Ad-
dition, presented and read. Council-
man Murphy moved to refer the peti-
tion to the City Solicitor for investiga-
tion and report. Seconded by Council-
man Thompson. Carried by the follow-
ing vote: Yeas-11layor Clark, Coun-
cilmen Murphy, Thompson, Van Duel-
man, Wharton, Nays-None
Petition of Catherine I,uudbeck, re-
ferred to the Cit}~ Council by the
Board of Supervisors, requesting sus-
pension of the 1938 taxes on I,ot 242 of
1Voodlawu Park Addition, presented
and read. Councilman Murphy moved
to refer the petition to the City Solicit-
or for investigation and report. Second-
ed by Councilman Thompson. Carried
by the following vote: Yeas-Mayor
Clark, Councilmen 1Vlurphy, Thompson,
Vau Duelman, Wharton. Nays-None.
Petition of Playground and Recrea-
tion Commission requesting the City
Council to authorize the use of Block F
in Industrial Subdivision for play-
ground purposes, presented and read.
Councilman il4urphy moved to refer
the petition to the City Council to view
the grounds. Seconded b}~ Councilman
Van Duelman. Carried by the follow-
ing vote: Yeas-Mayor Clark, Council-
men Alurphy, Thompson, Vau Duel-
man, bVharton. Nays-None.
February 6, 1939.
To the Honorable Mayor and
City Council, Dubuque, Iowa.
Gentlemen:
This is to advise that I have approved
the following )~xcavation Bonds and
desire to have your approval on same
for filing:
$dtvard T. Cleaver, 1135 Main Street-
Band No. 735674, The Fidelity &
Casualty Co, of N. Y.
Key City Gas Company, 669 Maitt
Street-Bond No. 735673, The Fidel-
ity & Casualty Co. of N. Y.
A. L. Hammel, 2251 Prince Street-
Western Surety Company,
Respectfully submitted,
A. A, RHOMBERG,
City Manager.