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1939 April Council Proceedingsion Regular Session, A City Council (Official) Regular Session, April 3rd, 1939. Council met at 7:40 P. M. Present - Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton, City Manager Rhomberg. Mayor Clark stated that this is the regu• lar monthly meeting of the City Coun• cil, and also the first meeting of the fis• cal year, fox the transaction of such business as may properly come before the meeting. Councilman Van Duelman moved that Councilman Murphy be elected Mayor foi•the ensuing year. Seconded by Coun- cilman Wharton. Carried by the follow- ing vote: Yeas-Mayor Clark, Council• men Thompson, Van Duelman, Whar• ton. Nays-None. Councilman Murphy not voting. Before retiring from the Mayor's chair, Mayor Clark administered the oath of office to Mayor Murphy, .whereupon Mayor Murphy took the Mayor's chair. Resolution No. 48-39 A resolution providing for the appoint• ment of officers of the City of Dubuque; prescribing their salaries and fixing their bonds. Be it Resolved by the City Council of the City of Dubuque that the following officers be appointed to serve during the fiscal year 1939.1940, subject, however, to the right of the Council to declare such offices vacant or remove the officers therefrom at the pleasure of the Council with or without cause, and to be paid the following compensation provided for in the budget as adopted for the fiscal year 1939-1940, and the following bonds shall be provided by such officers at the ex- pense of the individual officer: City Man- ager A. A. Rhomberg, salary, $6,000.00, bond $5,000.00; City Solicitor, Al. J, Nelson, salary $3,800, bond $1,000.00; City Clerk, J. J. Shea, salary, $2,500.00, bond $1,000.00; Police Judge, Louis Fautsch, salary $1,500.00, bond $1,- 000.00; City Assessor, George Bennett, salary as provided by law, bond $500.00. Be it Further Resolved that the salary of the City Manager shall be paid as follows: $4,800.00 from the General Fund and $1,200.00 from the Water Works Administration Fund. Passed, adopted and approved this 3rd day of April, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest; J. J. SHEA, City Clerk. 3, 1939 107 Councilman Clark moved the adop• tion of the resolution. Seconded by Councilman Wharton. Carried by the following vote; Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duel- man, Wharton. Nays-None. Mayor Murphy then administered the oath of office to City Manager A. A. Rhomberg, City Solicitor Al. J. Nelson, City Clerk J. J. Shea,~Police Judge Louis Fautsch, City Assessor George Bennett. Councilman Clark moved that the rules be suspended for the purpose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Van Duelman. Carried by the follow• ing vote; Yes-Mayor Murphy, Council- men Clark, Thompson, Van Duelman, l~/liarton. Nays-None. The Daughters of Union Veterans of the Civil War, Mary Agard Tent, presented a verbal request for permission to hold a tag day on June 10th, 1939. Councilman Van Duelman moved that the verbal request of The Daughters of Union Veterans of the Civil' War, Mary Agard Tent, for permission t6 hold a tag day on June 10th, 1939, be granted. Seconded by Councilman Thompson. Carried by the following vote: Yeas- Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. April 3, 1939. To the Honorable Mayor and- City Council, Dubuque, Iowa. Gentlemen: As City Manager of the City of Du• buque, I beg to advise you that I have appointed the following persons to assist me as officers and employees in the or- derly administration of the city govern- ment of this City and of the various departments thereof, said officers and employees to be under my supervision, direction and control and their appoint- ments to continue during the pleasure of the Manager, and they shall be paid such salaries as are set up opposite their names and in accordance with the bud• get approved by the City Council fox the fiscal year, 1939.1940. City Auditor-R. P. Marshall__$2,450.00 City Treasurer-Otto F. Puls__ 2,400.00 Building Cammissioner- H. H, Howie______________ 3,000.00 Health Directox- Dr. A. J. Entringer 1,800.00 Market Master- Charles McCarthy 1,400.00 Clerk of Police Court-Detective Jahn Brady (Paid as a member of the Po- lice Department) All other employees of departments at present engaged therein in accordance with the budget of 1939.1940 have been remployed by me and will continue to 108 Regular Session, April 3, 1939 work for the, City under such conditions as to time and rates of salary and wages as provided for in said budget. Respectfully submitted, A. A, RHOMBERG, City Manager. Councilman Van Duelman moved that the communication of City Manager Rhomberg be made a matter of record. Seconded by Councilman Wharton. Car• tied by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Resolution No. 49-39 A resolution selecting the official news- paper of the City of Dubuque. Be it resolved by the City Council of the City of Dubuque that the Telegraph- Herald, adaily newspaper of general circulation in the City of Dubuque, be and it is hereby designated and appointed the official newspaper of said City, Passed, adopted and approved this 3rd day of April, 1939. Geo. R, MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Clark moved the adoption of the resolution. Seconded by Coun• cilman Thompson. Carried by the fol- lowing vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duel- man, Wharton. Nays-None. Resolution No. 50-39 A resolution designating the deposi- tories far public funds of the City of Dubuque. Be it Resolved by the City Council of the City of Dubuque that the following (tanks be appointed depositories of the public funds, and the City Treasurer is hereby authorized to distribute such funds in such banks in amounts not to exceed the following: First National Bank, $175,000.00; American Trust and Savings Bank, $150,000.00; Dubuque Bank and Trust Company, $100,000.00. Be it Further Resolved that the City Treasurer be and he is hereby directed to 5le with the County Treasurer of Du• buque County, Iowa, a list of such de• positories and to keep such list on file with such County Treasurer at all times. Passed, adapted and approved this 3rd day of April, 1939. GEO. R, MURPHY, Mayor. Frank Van Duelman, ALBERT WHARTON, CARL A. CLARK, F. W, THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duel• man, Wharton. Nays-None. Resolution No, 51-39 A resolution appointing the Board of Review and fixing the compensation of the members thereof. Be it Resolved by the City Council of the City of Dubuque that the fallowing named persons be appointed the Board of Review of the City of Dubuque for the year 1939; JOHN H. WEIMER EUGENE FORWARD FRANK J. HICKSON Be it Further Resolved that each of the above named members of the said Board of Review be paid the sum of $200.00 in full compensation fox all ser- vices to be rendered by them in the pex- foxmance of their duties, said sum to be paid from the General Fund. Passed, adopted and approved this 3rd day of April, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON CARL A. CLARK, F. W. THOMPSON, Councilmen, Attest: J. J. SHEA, City Clerk, Councilman Clark moved the adoption of the resolution. Seconded by Council- man Wharton. Carried by the following vote: Yeas-Mayor Murphy, Council• men Clark, Thompson, Van Duelman, Wharton. Nays-None. Communication of A. Y, McDonald Mfg. Co., Geo. M. Galloway, Pump Di• vision, stating that they believe that if the bids as received by the City of Du• buque, for pumping Unit Contract 3 P.~X~.A. Docket Iowa 1684•F, had been submitted to P.W.A together with all the qualifying letters which became a part of the bid in a different manner, P,W.A. would have recommended the award of the pumping contract to A, Y. McDonald Mfg. Co. as submitting the lowest bid which complied with the es• Bence of the specifications, presented and read. Councilman Wharton moved to re• fer the communication to the City Coun- cil. Seconded by Councilman Van Duel- man. Carried by the following vote: Yeas -Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Whar• ton. Nays-None, Communication of Milton J, Glenn and Hugh Stuart, Judges, Nineteenth Ju• dicial District, State of Iowa, submitting facts to the City Council to assist them in considering the advisability of revising the City Ordinance with reference to the Regular Session, Aprjl 3, 1939 109 purchase of goods by junk dealers, sec- ond hand dealers, and pawnbrokers, pre- sented and read. Councilman Thompson moved that the communication be re• ceived and filed. Seconded by Council• man Clark. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Whar- ton. Nays-None. April 3, 1939. Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: I have recently been called into con• saltation with, and have attended a num- ber of conferences of the Judges of the District Court, the juvenile and proba• tion officers of the County, and the Chief of Police relative to the matter of juvenile delinquency in our city, Investigation made discloses that much of this juvenile delinquency is and has been brought about by the petty steal- ing of junk, metals, and other articles of used property for which there appar- ently has been a ready market in which these juveniles have been able to dispose of the property stolen. In an effort to stop this practice and curtail the market far such articles, it has been suggested that certain of our ordinances relating to the purchase of such articles of property from minors be changed. I have heretofore discussed this matter informally with your honorable body, and, after fully considering the situation, and making a study of the ordinances now in force, I submit herewith the fol- lowing; (1) An ordinance repealing ordi• nance No. 76 which provided that a pawn broker, junk dealer or second-hand dealer could purchase property from a minor by obtaining or receiving the writ- ten consent of the parent or guardian of said minor, (2) An ordinance amending Ordi• nance No. 3-38 and paragraph 644, Section 2 thereof, which contained the same provision as Ordinance No. 76, the amendment providing that no such prop- erty could be purchased or received from any minor under the age of 18 years, or any minor over the age of 18 years with- out the written consent of the parents or guardian of such minor; (3) An ordinance providing that al( pawn brokers, junk dealers and dealers in second-hand goods shall keep a record in a book of all purchases of personal property, with the name of the person from whom purchased or received, a de- scription of the property, the purchase price of the same, the name of the per- son to whom sold, and the safe price thereof. This ordinance also provides that no pawn broker, junk dealer or sec• ond•hand dealer shall ,purchase or re• ceive any such property from any minor under the age of 18 years, nor shall any , such property be purchased ar received from any minor over the age of 18 years without first receiving a written consent of the parent or guardian of such minor, In order that proper cooperation may be given in the matter of reducing the juvenile delinquency of our community, I would respectfully recommend that the ordinances transmitted herewith be adopted. Respectfully submitted, AL J. NELSON, City Solicitor. Councilman Van Duelman moved that the recommendation of City Solicitor Nelson be approved. Seconded by Coun• cilman Clark. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Whar• ton. Nays-None. Ordinance No. 10-39. An ordinance repealing an ordinance entitled: "Ordi• nonce No. 76. An ordinance to prevent pawn brokers, junk dealers and second- hand dealers from purchasing or receiv ing from minors any property without the written consent of their parents or guardian and providing far the enforce- ment thereof", and declaring an emer- gency, presented and read. Councilman Van Duelman moved that the reading just had be considered the first reading of the ordinance. Seconded by Council- man Wharton. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Whar• ton. Nays-None. Councilman Van Duelman moved that the rules be sus• pended requiring an ordinance to be read on three separate days. Seconded" by Councilman Wharton. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duel• man, Wharton. Nays-None. The ordi- nance was then read a second time. Councilman Van Duelman moved that the reading just had be considered the second reading of the ordinance. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Ordinance No. 11-39. An Ordinance amending Ordinance No, 3-38 entitled: "An Ordinance requiring pawn brokers, junk dealers and dealers in second-hand goods to give notice of the purchase or receipt of mechanics' tools and equip- ment; prohibiting the purchase by pawn brokers, junk dealers and dealers in sec• ond•hand goods of any property from minors; prescribing a penalty for viola~ lion hereof; and declaring an emergen- cy", by repealing Paragraph 644, Section 2 relating to the purchase or receipt of property from minors, and enacting in substitute therefor, and declaring an 110 Regular Session, Aprjl 3, 1939 ~ Regular Session, Apri13, 1939 111 emergency, presented and read. Coun• Gilman Van Duelman moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duel- man, Wharton. Nays-None. Council- man Van Duelman moved that the rules be suspended requiring an ordinance to be read on three separate days. Sec• onded by Councilman Wharton. Car• ried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. The ordinance was then read a second time. Councilman Van Duelman moved that the reading just had be considered the second reading of the ordinance. Sec• onded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Ordinance No. 12-39. An Ordinance providing for the keeping of records of the purchase of personal property by pawn brokers, junk dealers and second- hand dealers; prohibiting the purchase by pawn brokers, junk dealers and second- hand dealers of personal property from any minors under the age of 18 years; or from any minor over the age of 18 years without the written consent of the parent or guardian of said minor; pre- scribing a, penalty fox violation thereof; defining the terms used herein; and de• Glaring an emergency, presented and read. Councilman Van Duelman moved that the reading just had be considered the first reading of the ordinance. Sec• onded by Councilman Wharton. Carried by the fallowing vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Councilman Van Duelman moved that the rules be suspended requiring an ordi- nance to be read on three separate days. Seconded by Councilman Wharton. Car• ried by the following vote: Yeas- Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. The ordinance was then read a second time. Councilman Van Duelman moved that the reading just had be considered the second reading of the ordinance. Seconded by Councilman Wharton. Carried by the following vote: Yeas -Mayor Murphy, Councilman Clark, Thompson, Van Duelman, Whar• ton. Nays-None. Notice of Claim of Miss Mildred Eye in the amount of $300.00 for personal injuries received in falling on ,icy side- walk on the easterly side of Roosevelt Street just west of the Giese home near Rhomberg Avenue, presented and read. Councilman Clark moved to refer the no• lice of claim to the City Solicitor for in• vestigation and report. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duel- man, Wharton. Nays-None. Communication of Howard C. Bald- win, State Senator, advising of the receipt of Council resolution relative to the pass- age of enabling acts for slum clearance and housing, presented and read. Coun- cilman Clark moved that the communi- cation be received and filed, Seconded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Petition of John B. Wersinger, request- ing afree license to peddle fruit and vegetables, presented and read. Council- man Thompson moved that the petition be referred to the City Manager for a report. Seconded by Councilman Clark. Carried by the following vote: Yeas- Mayor Murphy, Councilmen Clark, Thompson, Van, Duelman, Wharton. Nays-None. Petition of Mrs. Mary Faldorf object- ing to the vacation of the unnamed street running south ft'om Plymouth Street at this unnamed street is the only access that she has to a tract of land, presented and read. Councilman Thompson moved that the petition be received and filed. Seconded by Councilman Clark. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Petition of M. J. Pautvein, requesting that action be taken at once to stop the water from draining onto his property from the alley in the rear of 770 Angella Street, presented and read. Councilman Wharton moved to refer the petition to the City Council to view the grounds. Seconded by Councilman Clark. Carried by the following vote: Yeas-Mayot' Murphv, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Petition of F. D. Brown et al, request- ing the erection of a street light at the west end of Hoyden's Lane, presented and read. Councilman Wharton moved to refer the petition to the City Manager for investigation and report. Seconded by Councilman Clark. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duel- man, Wharton. Nays-None. April 3, 1939. To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: In compliance with your instructions bids were taken for the printing of the index and binding of the Council pro• ceedings for the calendar year 1938. Ap- proximately twenty (20) firms were con- tacted and two bids were received, that of the Telegraph-Herald for $97.00 be- ing the lowest, I recommend that the bid of the Tele• Qraph Herald be accepted and that they be awarded the contract for the printing of the index and binding of the 1938 Council Proceedings. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Clark moved that the rec• ommendation of City Manager Rhomberg be approved. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Whar- ton. Nays-None. April 3, 1939, To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen; This is to advise that I have approved the following personal bonds and desire to have your approval on same for filing: A. A. Rhomberg_________City Manager Geraldine L. Demkiex- ___________Secretary to City Manager Daniel J. O'Leary___Plumbing Inspector Otto F. Bethke______Electrical Inspector J. J. Shea__________________City Clerk Al. J. Nelson_______ ____City Solicitor Robert P. Marshall________City Auditor John Joseph Hail- ______Supt. and Cashier, Water Dept. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Van Duelman moved that the bonds be approved and placed on file, Seconded by Councilman Thompson. Carried by the following vote: Yeas- Mayor Murphy, Councilmen Clark Thompson, Van Duelman, Wharton. Nays-None. April 3, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen; The closing of the fiscal year 1938• 1939, just completed, is significant and unusual in that it represents the first time in some years that no deficit financ• ing is necessary. I beg to report that all funds of the city have some money in the balance, that all bills have been paid, and no "floating" or unbonded debt is outstanding, This is all the more remarkable when consideration is given to the deficit fi• nancing required in the previous three years: $134,000.00 in 1936, $149,000.00 in 1937, and $55,000.00 in 1938. The reason for the present successful finan• cial situation is the adherence to a soundly planned budget. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Clark moved that the communication of City Manager Rhom- berg be made a matter of record. Sec• onded by Councilman Thompson. Car• ried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None, Resolution No. 52-39 BE IT RESOLVED by the City Coun• Gil of the City of Dubuque that the fol- lowing, having complied with the pro• visions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City: Name Address Mrs. Emma Zillig____2222 Central Ave. BE IT FURTHER RESOLVED that the bond filed with the application be ap• proved, Passed, adopted and approved this 3rd day of April, 1939. GEO. R, MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen, Attest: J. J. SHEA, City Clerk, Councilman Van Duelman moved the adoption of the resolution, Seconded by Councilman Clark. Carried by the fol• lowing vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duel• man, Wharton. Nays None, Resolution No. 53-39 WHEREAS, applications for Class "B" Beer Permits have been submitted to this Council for approval and the same have been examined: NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dubuque that the following applications be and the same are hereby approved and it is ordered that the premises to be occupied by such appli- cants shall be forthwith inspected, Class "B" Permit Name Address Alvin Lee and Joseph Walsh- , __._____________ 701 Central Aveune Jacob Hedrick________1236 Iowa Street Passed, adopted and approved this 3rd day of April, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen, Attest: J. J. SHEA, Cicy Clerk, 112 Regular Session, Apri13, 1939 Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Clark. Carried by the fol• lowing vote: Yeas=Mayor Murphy, Councilmen Clark, Thompson, Van Due(• man, Wharton, Nays-None. Resolution No. 54-39 WHEREAS, heretofore applications were filed by the within named appli• cants for Class "B" Beer Permits and they received the approval of this Council; and WHEREAS, the premises to be occu• pied by them have been inspected and found to comply with the ordinances of this City and they have filed a proper bond: NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dubuque that the Manager be and he is hereby directed to issue to the following named persons a Beer Permit. Class "B" Permit Name Address Alvin Lee and Joseph Walsh- ________________701 Central Avenue Jacob Hedrick______-_1236 Iowa Street BE IT FURTHER RESOLVED that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 3rd day of April, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption Qf the resolution. Seconded by Councilman Clark. Carried by the fol• lowing vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duel• man, Wharton. Nays-None. April 3, 1939. Honorable Mayor and City Council, Dubuque, Iowa. CLAIM OF HENRY HIER Gentlemen: On March 30, 1939, the City Council referred to me for investigation and re• port the claim of the above named Henry Hier, filed March 23, 1939, in the sum of Seventy-five ($75.00) Dollars, for in- juries sustained by him in a fall upon the sidewalk on the West side of Central Avenue, just North of Twenty-third Street, and North of the Tegeler Garage, said fall alleged to have been caused by rough and ridged snow and ice upon said sidewalk, and due to the negligence of the City of Dubuque, Iowa. I was notified of this accident very shortly after it happened and made an investigation of the same both before and since the filing of the claim, and find that there was some rough ice upon the side- walk and in view of the fact that an alle• gction of negligence might be sustained, I have effected a settlement and com• promise of the claim in the sum of Twenty-five ($25.00) Dollars, and re• spectfully recommend that upon the exe• cution of the enclosed receipt and release by the said Henry Hier, a warrant in the sum of Twenty-five ($25.00) Dollars be drawn and delivered to Mr. Hier. I am returning the claim herewith. Respectfully submitted, AL J. NELSON, City Solicitor. Councilman Clark moved that the rec• ommendation of City Solicitor Nelson be approved and that a warrant in the amount of $25.00 be ordered drawn in favor of Henry Hier as settlement in full of his personal injury claim, said war• rant to be delivered upon the execution of receipt and release by Henry Hier. Seconded by Councilman Thompson. Carried by 'the following vote: Yeas- Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. There being no further business, Councilman Van Duelman moved to ad• journ. Seconded by Councilman Clark. Carried by the following vote: Yeas- Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. J. J. SHEA, City Clerk. Approved----------------------1939. Adopted-----------------------1939. Councilmen: { ______________________ Attest: ----------------------------- City Clerk. Special Session, April 4, 1939 113 City Council (Official) Special Session, April 4th, 1939. Council met at 6:05 P. M. Present-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Whar• ton, City Manager Rhomberg. Meeting called by order of Council• men Clark and Thompson. Mayor Murphy read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of considering the awarding of the contract for the installation of the proposed Pumping Unit at Eagle' Point Pumping Station and acting on any other business as may properly come before a regular meeting of the City Council. FEDERAL EMERGENCY ADMINI• STRATION OF PUBLIC WORKS REGIONAL DIRECTOR Region No. 4 Public Works Building 2040 Howard St. Omaha, Nebraska 2040 Howard St., Omaha, Neb. In reply please refer to Docket No. Ia. 1684•F, Water Works Improvements, Du• buque, Iowa. Eng. S 6~RD; LL March 28, 1939. Mr. A. A. Rhomberg City Manager Dubuque, Iowa Dear Sir: We are in receipt of a communication from our Central Office in Washington with reference to the award of Contract No, 3 for the pumping unit on the above docket. The Central Office states that they find the method of valuation that was set up in the specifications to be fair and reasonable and not restrictive to competitive bidding. They also state that the bid of the Climax Engineering Company is the lowest according to this evaluated basis and that the acceptance of this Climax equipment will be far the most economical far the above listed rea• sons. The award of the contract for this pumping unit can only be approved by the Public Works Administration if let to the Climax Engineering Company. It is our understanding that Resolu• tion of Award which the Council drew up awarding this contract to the A. Y. McDonald Company was tabled and has not yet been signed. It would appear from the decision of our Central Office that if the Council persists in awarding to the A. Y. McDonald Company that this item of the project will not be eligible for grant. Yours very truly, R. A. RADFORD, Regional Director, PWA. By HENRY H. JEWELL, Regional Engineer, PWA. For the Administrator Councilman Clark moved that the com• munication be received and made a mat• ter of record. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Whar• ton. Nays-None. Councilman Thompson moved that the City Council rescind their previous action in approving and ordering placed on file for public inspection for at least one week Resolution No. 41.39, a resolution awarding the contract for the installa• lion of a new pumping unit, as Contract No. 3, in the amount of $10,656.85 to A. Y. McDonald Manufacturing Com• pony of Dubuque, Iowa. Seconded by Councilman Wharton, Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Wharton. Nays-Councilman Van Duelman. CITY OF DUBUQUE, IOWA Resolution No. 55-39 BE IT RESOLVED by the City Coun• cil, of the City of Dubuque, Iowa; WHEREAS the City of Dubuque, of the County of Dubuque, and State of Iowa pursuant to an advertisement for bids on the Installation of the proposed Pumping Unit heretofore published on the 10th and 17th day of January, 1939, did on the 26th day of January, 1939, at ten o'clock A. M. at the City Clerk's Office in the City Hall, in Dubuque, Iowa, receive bids for the installation of a pumping unit, which said bids were taken under advisement of the City Council. WHEREAS, the base bid of Climax Engineering Co., of Clinton, Iowa, for the installation of a pumping unit is the lowest and best bid submitted by any responsible bidder; on evaluation basis, and whereas a present estimate cast is; 1. Preliminary ____________$ 500.00 2. Land and Right of Way__ .00 3. Construction ___________ 151,564.70 Previous Contracts Awarded ContractNo.lWel1 ____ ___ $19,977.70 Contract No. 2 Reservoir ____ 38,365.00 Contract No. 4 Building and Construction ____________ 52,769.00 Contract No. 5 Heating and Plumbing _____________ _ 14,978.00 Contract No. 6 Electrical Work 1,200.00 Bid Received Jan. 26, 1939: Contract No. 3 Pump _______ 11,275.00 Future Contract on Estimate- as follows: Contract No. 7 Deep Well Pump _____________ _.___ 8,000.00 Contract No. 8 Pump House__ 2,000.00 Contract No. 9 Supply Main from Pump House________ 3,000.00 4. Engineering __________1 8,500.00 114 Special Session, April 4, 1939 5. Legal and Administration 500.00 6. Interest ____ ___ _ .00 7. Miscellaneous ___ _ ____ .00 Total Estimate of Construc• lion Contracts __ ___ __$161,064.70 Funds Available PWA Grant $ 67,500.00 City of Dubuque Funds Deposited _____________ 95,000.00 $162,500.00 NOW, THEREFORE, BE IT RE• SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, that the contract for the Installation of a New Pumping Unit, as Contract No. 3, in the amount of $11,275.00 be awarded to the Climax Engineering Co. of Clinton, Iowa; PROVIDED, however, that this award shall not be effective until the Climax Engineering Co, shall have been notified in writing by the City 'Manager of such award. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity become effective from and after its final passage and adop• lion by the City Council. Approved and placed on file Ear one week on April 4th, 1939. Councilman Wharton moved that the resolution be approved and placed on file for public inspection for at least one week. Seconded by Councilman Thomp• son. Carried by the following vote: Yeas -Mayor Murphy, Councilmen Clark, Thompson, Wharton. Nays-Council• man Van Duelman. Councilman Clark moved that the com- munication of A. Y. McDonald Mfg. Co., Geo. M. Galloway, Pump Division, stating that they believe that if the bids received by the City of Dubuque, fox Pumping Unit, Contract No. 3, P.W.A. Docket Iowa-1684•F, had been submit• ted to P.W.A. together with all the qual• ifying letters which became a part of the bid in a different manner, P.\YJ.A. would have recommended the award of the pumping equipment to the A. Y. McDonald Mfg. Co. as submitting the lowest bid which complied with the es• Bence of the specifications, be received and filed. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson. Van Duelman, Whar• ton, Nays-None. Councilman Wharton moved that the City Council go on record for the em• ploying of an Independent Engineering Firm to test the efficiency of the Pump- ing Unic .after the same is installed and before its acceptance and payment by the City of Dubuque. Seconded by Councilman Clark. Carried by the fol- lowing vote; Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton, Nays-None. Council Proceedings for the month of January, 1939, presented for approval. Councilman Clark moved that the Coun• cil Proceedings for the month of Janu• ary, 1939, be approved as printed. Sec• onded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None, There being no further business Caun- cilman Van Duelman moved to adjourn, Seconded by Councilman Thompson. Carried by the following vote: Yeas- Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. J. J. SHEA, City Clerk. Approved---------------------1939. Adopted----------------------1939. Councilmen; { ______________________ Attest: ----------------------------- City Clerk, Specjal Session, April 12, 1939 115 City Council (Official) Special Session, April 12th, 1939. Council met at 5:10 P. M. Present-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Whar• ton, City Manager Rhomberg. Meeting called by order of Councilmen Wharton and Van Duelman, Mayor Murphy read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of considering far final adop- tion Resolution No. 55.39, a resolution awarding the contract for Pumping Unit at the Eagle Point Station, to the Cli- max Engineering Co., of Clinton, Iowa, and acting on any other business as may properly come before a regular meeting of the City Council. CITY OF DUBUQUE, IOWA Resolution No. 55-39 BE IT RESOLVED by the City Coun- cil, of the City of Dubuque, Iowa: WHEREAS the City of Dubuque, of the County of Dubuque, and State of Iowa pursuant to an advertisement for bids on the installation of the proposed Pumping Unit heretofore published on the 10th and 17th day of January, 1939, did on the 26th day of January, 1939, at ten o'clock A. M. at the City Clerk's Office in the City Hall, in Dubuque, Iowa, receive bids for the installation of a pumping unit, which said bids were taken under advisement of the City Council. WHEREAS, the base bid of Climax Engineering Co,, of Clinton, Iowa, for the installation of a pumping unit is the lowest and best bid submitted by any responsible bidder; on evaluation basis, and whereas a present estimate cost is: 1. Preliminary ____________$ 500.00 2. Land and right of way___ .00 3. Construction ___________ 151,564.70 Previous Contracts Awarded Contract No, 1 WeII ________$19,977.70 Contract No, 2 Reservoir _ __ 38,365.00 Contract No, 4 Building and Construction _____________ 52,769.00 Contract No. 5 Heating and Plumbing _______________ 14,978.00 ContractNo.6Electrical Work 1,200,00 Bid Received Jan. 26, 1939: ContractNo.3 Pump _______ 11,275.00 Future Contract on Estimate-as follows: Contract No. 7 Deep Well Pump ------------------ 8,000.00 Contract No. 8 Pump House__ 2,000,00 Contract No. 9 Supply Main from Pump House________ 3,000.00 4. Engineering __ 8,500,00 5. Legal and Administration_ 500,00 6. Interest ________ ______ ,00 7. Miscellaneous __________ ,00 Total Estimate of Construc• lion Contracts __________$161,064.70 Funds Available PWA Grant $ 67,500.00 City of Dubuque Funds Deposited ______________ 95,000.00 $162,500,00 NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, that the contract for the Installation of a New Pumping Unit, as Contract No. 3, in the amount of $11,275.00 be awarded to the Climax Engineering Co, of Glin- ton, Iowa; PROVIDED, however, that this award shall not be effective until the Climax Engineering Co. shall have been notified in writing by the City Manager of such award. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity become effective from and after its final passage and adop- tion by the City Council, Approved and placed on file for one week an April 4th, 1939. Passed and adopted this 12th day of April, 1939. GEO. R. MURPHY, Mayor. ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Wharton moved the adop• lion of the resolution. Seconded by Coun- cilman Clark. Carried by the following vote. Yeas-Mayor Murphy, Councilmen Clark, Thompson, Wharton. Nays- Councilman Van Duelman. Notice of Claim of Mrs. Rose Geske in the amount of $787,50 for personal in- juries received in a fall on an icy and defective sidewalk on Alta Vista Street near the corner of Vernon Street, pre- sented and read. Coupcilman Clark moved to refer the Notice of Claim to the City Solicitor for investigation and report, Seconded by Councilman Thomp- son, Carried by the following vote: Yeas -Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None, Communication of the Continental Casualty Company enclosing Certificate of Compliance showing that they have qualified for the transaction of Fidelity and Surety business in the State of Iowa for the year ending March 31, 1940, pre- sented and read. Councilman Van Duel- 116 Special Session, April 12, 1939 man moved that the communication be received and filed and the Certificate of Compliance placed on file. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duel- man, Wharton. Nays-None. Petition of Farmers Supply Co., by J. J. Behr, requesting that parking regu- lations be established in the vicinity of White and Tenth Streets, presented and read. Councilman Van Duelman moved that the petition be referred to the City Council for further consideration. Sec- onded by Councilman Thompson. Car- ried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Petition of Emil Machinek, referred to the City Council by the Board of Super- visors, requesting suspension of the 1938 taxes on Lot 17 of Linehan Park Addi• tion, also the West 170 feet of Lot 321 of Davis Farm Addition, and also Lot 51 of McDaniel's Park Hill Addition, presented and read. Councilman Van Duelman moved to refer the petition to the City Solicitor for investigation and report. Seconded by Councilman Clark. Carried by the following vote; Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Ordinance No. 10-39. An Ordinance repealing an ordinance entitled: "Ordi• nonce No. 76. An ordinance to prevent pawn brokers, junk dealers and second- hand dealers from purchasing or receiv ing from minors any property without the written consent of their pazents or guardian and providing for the enforce- ment thereof", and declaring an emer- gency, said ordinance having been passed upon first and second readings on April 3rd, 1939, presented and read a third time. ORDINANCE N0. 10-39 An Ordinance .repealing an ordinance entitled: "Ordinance No. 76. An ordi- nance to prevent pawn brokers, junk deal- ers and second-hand dealers from pur- chasing or receiving from minors any property without the written consent of their parents or guardian and providing for the enforcement thereof", and de- claring an emergency. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE: Paragraph 773, Section 1 An ordinance entitled: "Ordinance No. 76. An Ordinance to prevent pawn brokers, junk dealers and second-hand dealers from purchasing or receiving from minors any property without the writ- ten consent of their parents or guardian, and providing for the enforcement there- of", be, and the same is hereby repealed. Paragraph 774, Section 2 This ordinance being deemed urgent and in the need of public safety, health and convenience shall be in force and effect after its passage, adoption and ~p- proval by the City Council and publica• tion as provided by law. Passed upon first and second readings this 3rd day of April, 1939. Passed, adopted and approved upon final reading this 12th day of April, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Published officially in the Telegraph• Herald newspaper April 14th, 1939. 4.14-1T J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the ordinance. Seconded by Councilman Clark. Carried by the fol- lowing vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duel• man, Wharton. Nays-None. Ordinance No. 11-39. An Ordinance amending Ordinance No. 3-38 entitled: "An Ordinance requiring pawn brokers, junk dealers and dealers in secondhand goods to give notice of the purchase or receipt of mechanics' tools and equip- ment prohibiting the purchase by pawn brokers, junk dealers and dealers in sec• ond•hand goods of any p>operty from minors; prescribing a penalty for viola- tion Hereof; and declaring an emergen• cy", by repealing Paragraph 644, Sec- tion 2 relating to the purchase ar receipt of property from minors, and enacting in substitute therefor, and declaring an emergency, said ordinance having been passed upon first and second readings on April 3rd, 1939, presented and read a third time. ORDINANCE N0. 11-39 ~ -`` An Ordinance amending Ordinance No. 3-38 entitled: "An Ordinance re- quiring pawn brokers, junk dealers and dealers in second-hand goods to give notice of the purchase or receipt of me• chanics' tools and equipment; prohibit- ing the purchase by pawn brokers, junk dealers and dealers in secondhand goods of any property from minors; peescrib• ing a penalty for violation hereof; and declaring an emergency," by repealing Paragraph 644. Section 2 relating to the purchase or receipt of property from minors, and enacting in substitute there- for, and declaring an emergency. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE: Special Session, April 12, 1939 117 Paragraph 775 Section 1 That Paragraph 664, Section 2 of an ordinance entitled: "An ordinance re- quiring pawn brokers, junk dealers and dealers in second hand goods to give no- tice of the purchase or receipt of me- chanics' tools and equipment; prohibit- ing the purchase by pawnbrokers, junk dealers, and dealers in second-hand goods of any property from minors; prescribing a penalty for violation hereof; and de- claring anemergency," relating to the purchase of receipt of property from minors, be, and the same is hereby re- pealed. Paragraph 776, Section 2 That in lieu of said Paragraph 644, Section 2, hereby repealed, there be en- acted the following: "Paragraph 644, Section 2. Pawn brokers, junk dealers and second hand dealers shall not purchase or receive any property whatsoever from any minor under the age of 18 years; nor shall any pawn broker, junk dealer or second-hand dealer purchase or receive any property from any minor over the age of 18 years of age without first obtaining or receiv- ing the written consent of parents or the guardian of said minor, which said writ- ten consent shall accurately describe the property to be sold by said minor, and consent to the sale of the same, and such consent shall be retained and preserved by the purchaser thereof, and shall be exhibited when requested by any sheriff; chief of police, constable, or police offi- cer, or the parent or guardian of said minor." Paragraph 777 Section 3 This ordinance being deemed urgent and in the interest of public safety, health and convenience shall be in force and effect from and after its final pas- sage, adoption and approval by the City Council, and publication as provided by law. Passed upon first and second readings this third day of April, 1939. Passed, adopted and approved upon final reading this 12th day of April, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Published officially in the Telegraph• Herald newspaper April 14th, 1939. 4.14-1T J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the ordinance. Seconded by Councilman Clark. Carried by the fol- lowing vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Ordinance No. 12-39. An Ordinance providing for the keeping of records of the purchase of personal property by pawn brokers, junk dealers and second- hand dealers; prohibiting the purchase by pawn brokers, junk dealers and sec- ondhand dealers of personal property from any minors under the age of 18 years; or from any minor over the age of 18 years without the written consent of the pazent or guardian of said minor; prescribing a penalty for violation there- of; defining the terms used 1}exein; and declaring an emergency, said ordinance having been passed upon first and sec- ond readings on April 3rd, 1939, pre• sented and read a third time. ORDINANCE N0. 12-39 dr' An Ordinance providing for the keeping of records of the purchase of personal property by pawn brokers, junk dealers and secondhand dealers; prohibiting the purchase by pawn brokers, junk dealers and second-hand dealers of personal property from any minors under the age of 18 years; or from any minor over the age of 18 years without the written con- sent of the parent or guardian of said minor; prescribing a penalty for viola- tion thereof; defining the terms used herein; and declaring an emergency. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU• BUQUE Paragraph 778, Section 1 TERMS DEFINED: The term "pawn broker" shall mean any person, firm or corporation who makes loans or advancements upon pawn, pledge or deposit of personal prop- erty, or who receives actual possession of personal property as security for a loan, or with or without a mortgage or bill of sale. The term "junk dealer" shall mean any person, firm or corporation who buys and/or sells, or collects junk, automobile parts or tires, of every kind and descrip- tion, either as hia or its main business or as incidental to some other business. The term "junk" shall mean scrap , metals or machinery, rags, paper, bot• ties, tinware, furniture, used plumbing and electrical materials and fixtures, used automobile parts or tires, platinum, gold or silver, or any other azticle of thing usually bought, sold, or dealt with as junk. The term "second-hand dealer" shall mean any person, firm or corporation who buys, sells or deals in used or sec- ondhand goods, wares, ar merchandise, including metals, machinery, furniture, plumbing or electrical materials and fix• tares. 118 Special Session, April 12, 1939 Paragraph 779, Section 2 From and after the effective date of this ordinance every pawn broker, junk dealer and second-hand dealer shall keep a record in the English language, and in a book kept for that purpose in which shall be intelligently and accurately en• tered the time of purchasing or receiving each article of personal property pur- chased ox received, and the following data: (1) The name of the person from whom the article of property was pur• chased or received, and his place of resi• dente, showing street and number where possible. (2) A detailed and accurate descrip• lion of each article purchased or re• ceived; (3) A statement giving the nature of the transaction and whether the article or property was received in purchase or as security; (4) The weight or quantity of each article purchased or received; (5) The amount paid for or loaned on each article of property purchased or received; (6) The date and hour of each trans- action and if said article of property was received as security the expiration date of the period of redemption thereof; (7) The time when and the person to whom such article of property was disposed of, if sold, or the time when, and the name of the person who redeemed the same, if said property was taken as security. Such record or book shall be open to public inspection by any sheriff, chief of police, constable, or police officer. Failure to keep such record book, or making false entries therein, or refusal to produce the same when request by the persons entitled to inspect the same, shall subject the offender to the penalty here- inafter provided. said minor, which said consent shall de• scribe the property being received or pur• chased, and consent to the sale thereof by said minor, and such consent shall be retained and preserved, and shall be ex- hibited when requested to by any sheriff, chief of police, constable or police offi• cer, or the parent or guardian of said minor. Paragraph 781, Section 4 Any person, firm or corporation who violates any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction there- of, shall be fined not to exceed One Hun- dred ($]00.00) Dollars, or in prison not to exceed thirty (30) days in jail. Paragraph 782, Section 5 This ordinance being deemed urgent and in the interest of public safety, goad order and public convenience shall be in force and effective from and after its final passage and adoption and pub• lication as required by law. Passed upon first and second readings this 3rd day of April, 1939. Passed, adopted and approved upon final reading this 12th day of April, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, Cay Clerk, Published officially in The Telegraph~ Herald newspaper April 14th, 1939. 4.14-1t J. J. SHEA, City Clerk, Councilman Van Duelman moved the adoption of the ordinance. Seconded by Councilman Clark, Carried by the fol- lowing vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duel- man, Wharton. Nays-None. Paragraph 780, Section 3 No pawn broker, junk dealer, second- hand dealer, and no clerk, agent or em• ployee of any pawn broker, junk dealer, or second-hand dealer shall purchase or receive from any minor, under the age of 18 years any junk, used or second- hand furniture, fixtures, goods, wares, or merchandise, or any property of any kind or character whatsoever; no pawn broker, junk dealer, secondhand dealer, and no clerk, agent or employee of any pawn broker, junk dealer or second-hand dealer shall purchase or receive any prop- erty of any kind or character whatsoever from any minor over the age of 18 years, without first obtaining and receiv- ing the written consent to the purchase or receipt of said property, signed and executed by the parent or guardian of Resolution No. 56-39 BE IT RESOLVED by the City Coun- cil of the City of Dubuque, State of Iowa, as follows: (1) That it is deemed advisable and for the best interest of said City of Du- buque, that the contract between the said City of Dubuque and Linehan & Molo, Contractor, covering the work on Docket No. Iowa 1684•F, Contract No. 5 be changed as is outlined on the attached Request for Proposal. (2) That the proposal of said Con- tractor covering the change is hereby approved and accepted. (3) That the contract price will be decreased in the sum of Eighty dollars and fifty-four cents ($80.54). Special Session, April 12, 1939 119 (4) That such acceptance of the Contractor's proposal shall become effec• tive only when a certified copy of this resolution is sent to the Contractor by the Engineer of said City of Dubuque, Iowa. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity become effective from and after its final passage and adoption by the City Council. Passed, adopted and approved this 12th day of April, 1939. GEO. R, MURPHY, Mayor, FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W, THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Clark moved the adop• tion of the resolution, Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duel• man, Wharton. Nays-None. Resolution No, 57-39 BE IT RESOLVED by the City Caun• ciI of ,the City of Dubuque, State of Iowa, as follows: (1) That it is deemed advisable and for the best interest of said City of Du• buque, that the contract between the said City of Dubuque and Anton Zwack, Inc., Contractor, covering the work on Docket No. Iowa 1684•F, Contract No. 4 be changed as is outlined on the at- tached Request for Proposal. (2) That the proposal of said Con• tractor covering the change is hereby approved and accepted. (3) That the contract price will be increased in the sum of One Thousand Two Hundred Fifteen Dollars and Sia• teen Cents ($1,215.16). (4) That such acceptance of the Contractor's proposal shall became ef- fective only when a certified copy of this resolution is sent to the Contractor by the Engineer of said City of Dubuque, Iowa. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity become effective from and after its final passage and adoption by the City Council. Passed, adopted and approved this 12th day of April, 1939. GEO, R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J, J. SHEA, City Clerk. Councilman Wharton moved the adop- tion of the resolution. Seconded by Councilman Thompson, Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duel- man, Wharton. Nays-None, Resolution No. 58-39 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU• BUQUE: That it is deemed advisable to sell Lot Sixteen (16) of Littleton and Saw• yer's Addition to the City of Dubuque, Iowa, to Carl A. E. Dieterich of Du• buque, Iowa, for the sum' of Twenty-five ($25,00) Dollars, and to execute a Quit Claim Deed of such premises to said grantee, and deliver the same to him upon payment of said purchase price, BE IT FURTHER RESOLVED that the Mayor and City Clerk of said City be, and they are, hereby authorized and directed to execute said deed on behalf of the City of Dubuque, and to affix thereto the official seal of the City of Dubuque. Passed, adopted and approved this 12th day of April, 1939, • GEO, R. MURPHY, Mayor, FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen, Attest: J, J, SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Clark. Carried by the fol- lowing vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duel• man; Wharton. Nays-None. Resolution No. 59-39 BE IT RESOLVED by the City Coun• cil of the City of Dubuque that the fol• lowing, having complied with the provi- sions of law relating to the sale of cig• arettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City: Names Address Mrs. Agnes Grady, Eleanor Anderson and Ann Haley (Euqubud Cafe) ______623 Main Street BE IT FURTHER RESOLVED that the bond filed with the application be approved. 120 Special Session, April 12, 1939 Passed, adopted and approved this 12th day of April, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F, W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk, Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Clark. Carried by the fol- lowing vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duel- man, Wharton. Nays-None. Resolution No. 60-39 WHEREAS, applications for Class "B" Beer Permits have been submitted to this Council far approval and the same have been examined: NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dubuque that the follow• ing applications be and the same are hereby approved and it is ordered that the premises to be occupied by such applicants shall be forthwith inspected. Class "B" Permit Name Address F. A. Nelson______431 Rhomberg Ave. H. A. Vandercook, Jr, and Jos, M. Zehentner__1944 Central Ave. Passed, adapted and approved this 12th day of April, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W, THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded,by Councilman Clark. Carried by the fol- lowing vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duel- man, Wharton, Nays-None. Resolution No. 61-39 WHEREAS, heretofore applications were filed by the within named applicants fox Class "B" Beer Permits and they xe• ceived the approval of this Council; and WHEREAS, the premises to be occu- pied by them have been inspected and found to comply with the ordinances of this City and they have filed a proper bond, NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dubuque that the Manager be and he is hereby directed to issue to the following named persons a Beer Per• mit. Class "B" Permit Name Address F. A. Nelson_______431 Rhomberg Ave. H, A. Vandercook, Jr., and Jos. M. Zehentner__1944 Central Ave. BE IT FURTHER RESOLVED that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 12th day of April, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen, Attest: J. J. SHEA, City Clerk. Councilman Clark moved the adop- tion of the resolution. Seconded by Councilman Van Duelman. Carried by the fallowing vote: Yeas-Mayor Mur• phy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Ordinance No, 13-39. An Ordi• nonce granting to the Fischer Artificial Ice and Cold Storage Company, its suc• cessors and assigns, the right to con- struct, maintain and operate an industry track over, along and across certain streets and alleys in Booth's Addition to the City of Dubuque, Iowa, and de• Glaring an emergency, presented and read. Councilman Van Duelman moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Clark. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duel• man, Wharton. Nays-None. Council• man Van Duelman moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Councilman Clark. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duel- man, Wharton. Nays-None. The ordi• nonce was then read a second time. Councilman Van Duelman moved that the reading just had be considered the second reading of the ordinance. Sec- onded by Councilman Clark. Carried by the following vote: Yeas-Mayor Mur• phy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. April 12, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I herewith submit the reports of the City Auditor, City Treasurer, and City Water Department for the month of March, 1939, the annual report of the City Treasurer for the fiscal year begin- ning April 1st, 1938, and ending March 31st, 1939, also a list of claims an'ii list Special Session, Apri] 12, 1939 121 of payrolls far which warrants were drawn during the month of March, 1939. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Van Duelman moved that the reports be received and placed on file.' Seconded by Councilman Clark, Car- ried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None, April 12, 1939 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Mr. John Wieser and Mrs. Charlotte S. Shambaugh, the owners respectively of Lot 2 of 12 and of Lot 2 of 2 of the Sub of Lots 19, 20 and 21 of Stewart's Sub. have petitioned far the vacation of the alley between their lots and have offered $50.00 for the land if vacated. On March 7, 1938, I addressed a letter to the council on the same matter sug• gesting that the site be visited. The council viewed the grounds and decided to vacate that portion of the alley if the offer of $50.00 was forthcoming. On June 6, 1938, the petition of John Wie• ser et al, not includjng any offer for the land, was referred to the Council. Interest in the matter then ceased for a time and has now revived. I recom• mend that the matter be referred to the Planning and Zoning Commission for their recommendation and report. Respectfully submitted, A. A. RHOMBERG, City Manager, deeds of McCann to Hayden and from Hayden to McCann convey the recipro- cal rights of access and use of this 18- foot strip of land to the owners and oc- cupants of City Lots 609 and 609A. I, therefore, recommend that the petition be denied as it is out'of the jurisdiction of the city to light private property, Respectfully submitted, A. A. RHOMBERG, City Manager, Councilman Van Duelman moved that the recommendation of City Manager Rhomberg be approved, Seconded by Councilman Thompson, Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duel- man, Wharton, Nays-None. There being no further business Coun• Gilman Wharton moved to adjourn. Sec- onded by Councilman Clark. Carried by the following vote: Yeas-Mayor Mur- phy, Councilmen Clark, Thompson, Van Duelman, Wharton, Nays-None. J. J. SHEA, City Clerk, Approved______________________1939. Adapted_______________________1939, Councilmen, Councilman Clark moved that the rec- ommendation of City Manager Rhom- berg be approved. Seconded by Council- man Thompson, Carried by the follow- ing vote: Yeas-Mayor Murphy, Coun• cilmen Clark, Thompson, Van Duelman, Wharton, Nays-None. April 12, 1939, To the Honorable Mayor and Gity Council, Dubuque, Iowa. Gentlemen: At the session of the council held April 3, 1939, the petition of F. D. Brown et aI requesting the erection of a street light at the west end of Hoyden's Land was referred to the City Manager for investigation and report. I have examined the records of the County Recorder's office and find that Hoyden's Land is not a public thorough fare, but is privately owned. The original Attest: --------------------------- City Clerk.