1939 May Council Proceedings122 ~' Regular Session, IvIay 1, 1939 123
City Council
(Official)
Regular Session, May 1st, 1939
Council met at 8:15 P. M.
Present-Mayor Murphy, Councilmen
Clark; Thompson, Van Duelman, Whar-
ton, City Manager Rhomberg, Mayor
Murphy stated that this is the regular
monthly meeting of the City Council for
the purpose of acting upon such business
as may properly come before the meeting,
Councilman Wharton moved that the
rules be suspended for the purpose of
allowing any one present in the Council
Chamber, who wishes to do so, to address
the Council. Seconded by Councilman
Van Duelman, Carried by the following
vote: Yeas-Mayor Murphy, Councilmen
Clark, Thompson, Van Duelman, Whar•
ton, Nays-None. Messrs. Howard Bate•
son and Henry Bitters addressed the
Council requesting that a resolution be
passed by the City Council directing the
Mayor to issue a proclamation notifying
the youth of the City of Dubuque, be•
tween the school age of the Ninth Grade
and the age of 19 years, of a special
election to be held on Wednesday, May
10th, for the purpose of electing 12 rep•
resentatives to attend a training school
known as "Boys' State" to be conducted
under the auspices and supervision of
the Iowa Department of the American
Legion at Camp Dodge, Des Moines,
Iowa, from the 3rd day to the 10th day
of June, 1939,
Resolution No. 62-39
WHEREAS, it has come to the atten•
lion of the City Council of the City of
Dubuque that the Iowa Depaztment of
the American Legion in an effort to bring
to the youth of the State ,of Iowa a
knowledge of the fundamental principles
of American Government, to the actual
practice and control of City, County and
State offices, elective or appointive, for a
period of training given each year under
the auspices of the American Legion
through what is known as "Boys' State",
which is to be held from the 3rd to the
10th day of June in the year 1939, at
which time the attendance at said train-
ing school receive a course of intensive
instruction in the principles of govern
menc by practical demonstration; and,
WHEREAS, this Council understands
that 600 of the youth of the State of
Iowa, between the ages of 16 and 19
are given this intensive training each
year under the guidance of the American
Legion; and,
WHEREAS, this Council further un•
derstands that the quota from our com•
munity to be chosen for this training are
to be selected by popular vote of the
youths of our community from the Ninth
Grade school age to the age of nineteen
(19) years, in an election to be held in
strict accordance with the general elec-
tion laws of the State of Iowa, and City
of Dubuque, including the use of voting
machines, which said election is to be held
upon the 10th day of May, 1939; and,
WHEREAS, the City Council of the
City of Dubuque in recognition of the
spirit of true Americanism displayed by
the Legion in the carrying out of this
program desires to cooperate in every
way possible in the success of such a pro•
gram engendered and cazried on for the
benefit of the youth of today who will
be the citizens of tomorrow.
NOW, THEREFORE, BE IT RE•
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE:
That, the Mayor of the City of Du•
buque, be, and he is hereby directed to
issue a proclamation notifying the youth
of the City of Dubuque, between the
school age of the Ninth Grade and the
age of 19 years, of a special election to
be held in the City of Dubuque, on
Wednesday, May 10th, between the hours
of 10 o'clock A. M. and b o'clock P. M.,
at which time there will be elected from
the eligible youth electorate of said City
of Dubuque, twelve (12) representatives
from the City of Dubuque to attend a
training school, known as "Boys' State"
to be conducted under the auspices and
supervision of the Iowa Department of
the American Legion at Camp Dodge,
Des Moines, Iowa, from the 3rd day to
the 10th day of June, 1939,
Passed, adopted and approved this 1st
day of May, 1939,
GEO. R, MURPHY, Mayor,
FRANK VAN DUELMAN,
ALBERT WHARTON,
CARL A, CLARK,
F, W. THOMPSON,
Councilmen.'
Councilman Clark moved the adoption
of the resolution, Seconded by Council•
man Wharton. Carried by the following
vote: Yeas-Mayor Murphy, Councilmen
Clark, Thompson, Van Duelman, Whar-
ton. Nays-None.
Petition of Mts, Mary Faldorf object-
ing to the proposed vacation of Lot 34
in Grandview Heights Addition, original-
ly dedicated to the City of Dubuque for
street purposes, presented and read. Miss
Faldorf addressed the Council making an
appeal that said street be not vacated.
Attorney Walter Koerner addressed the
Council relative to the objections filed
by Mrs, Mary Faldorf and requested that
action be deferred on the proposed va•
cation until such a time as he has been
able to give the matter same study and
124 Regular Session, May 1, 1939
consideration, Attorney Marshall Thomas
addressed the Council requesting that pe•
tition of Messrs. Brown and Jones re•
questing the vacation of Lot 34 in Grand-
view Heights Addition be granted. Coun•
cilman Van Duelman moved that the
matter of the proposed vacation of Lot 34
in Grandview Heights Addition, together
with the objections filed by Mrs. Mary
Faldorf be referred to the Council for
the purpose of considering the same at
a joint meeting with the Planning and
Zoning Commission. Seconded by Coun-
cilman Wharton, Carried by the follow-
ing vote: Yeas-Mayor Murphy, Coun•
cilmen Clark, Thompson, Van Duelman,
Wharton. Nays-None.
Attorney Frank Gilloon addressed the
Council requesting that the Perfection
Oil Company be granted permission to
erect curb pumps between the property
line and the curbing at their property
located at the intersection of Rhomberg
and Lincoln Avenues. Councilman G1ark
moved that the verbal request be referred
to the City Council to view the grounds,
Seconded by Councilman Thompson.
Carried by the following vote: Yeas-
Mayor Murphy, Councilmen Clark,
Thompson, Van Duelman, Wharton.
Nays-None.
Claim of Dolores Rahloff in the
amount of $700.00 for personal injuries
sustained in a fall on an icy sidewalk on
the south side of Fifteenth Street be•
tween Elm Street and Pine Street at or
about the driveway into the Deckert Coal
Yards, presented and read. Councilman
Clark moved to refer the claim to the
City Solicitor fox investigation and re•
part. Seconded by Councilman Van
Duelman Carried by the following vote:
Yeas -Mayor Murphy, Councilmen
Clark, Thompson, Van Duelman, Whar•
ton. Nays-None.
Claim of Jos. E. Maher in the amount
of $78.00 for personal injuries ,received
in a fall on an icy sidewalk at 1421 Mt.
Pleasant Avenue, presented and read.
Councilman Clark moved to refer the
Claim to the City Solicitor far investiga-
tion and report. Seconded by Council-
man Thompson. Carried by the follow-
ing vote: Yeas-Mayor Murphy, Coun-
cilmen Clark, Thompson, Van Duelman,
Wharton. Nays-None.
Claim of Daniel Haas, by his next
friend Dorothy Haas, in the amount of
$99.00 for personal injuries received and
damages to his bicycle caused in strik•
ing a hole in West Locust Street about
one block easterly of the intersection of
West Locust Street and Seminary Street,
presented and read. Councilman Clark
moved to refer the Claim to the City
Solicitor for investigation and report.
Seconded by Councilman Thompson.
Carried by the following vote; Yeas-
Mayor Murphy, Councilmen Clark,
Thompson, Van Duelman, Wharton.
Nays-None.
Claim of H. J. Hazewinkel in the
amount of $8.00 for damages to his
automobile and loss of time caused in
striking a hole in Bryant Street at the
intersection of Rush Street, presented and
read, Councilman Clark moved to refer
the Claim to the City Solicitor far in-
vestigation and report. Seconded by
Councilman Thompson. Carried by the
following vote: Yeas-Mayor Murphy,
Councilmen Clark, Thompson, Van
Deulman, Wharton. Nays-None.
Claim of Catherine Roche in the
amount of $300.00 for personal injuries
received in falling on a defective side-
walk on the North side of West Seventh
Street at a point opposite the entrance
of the Elks Club, presented and read.
Councilman Clark moved to refer the
Claim to the City Solicitor for investi-
gation and report. Seconded by Coun-
cilman Van Duelman. Carried by the
following vote: Yeas-Mayor Murphy,
Councilmen Clark, Thompson, Van Duel-
man, Wharton. Nays-None.
License granted by the Chicago, Mil•
Waukee, St. Paul and Pacific Railroad
Company to the City of Dubuque, Iowa,
for permission to install and maintain
a sewer underneath the right of way and
tracks of the Railroad Company in the
Southeast quarter of the Southeast quar-
ter of Section Seven, Township Eighty-
nine, North, Range Three East, Du•
buque County, Iowa, in said City of Du•
buque, presented and read. Councilman
Thompson moved to refer the License
to the City Solicitor far investigation and
report. Seconded by Councilman Clark.
Carried by the following vote: Yeas-
Mayor Murphy, Councilman Clark,
Thompson, Van Duelman, Wharton.
Nays-None,
Communication of Harry M. Hag•
gerty, driver of the City Ambulance, re-
questing that his name be placed on the
Fire Department pay roll in order that
he may be entitled to the full benefits of
pension under the Firemen's Retirement
System, presented and read. Councilman
Clark moved to refer the communication
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, Whar-
ton. Nays-None.
Communication of Edward Farrell,
driver of the City Ambulance, requesting
that his name be placed on the Fire De-
partment pay roll in order that he may
be entitled to the full benefits of pension
under the Firemen's Retirement System,
presented and read. Councilman Clark
moved to refer the communication to
the City Solicitor for investigation and
report. Seconded by Councilman Thomp•
son. Carried by the following note: Yeas
-Mayor Murphy, Councilmen Clark,
Thompson, Van Duelman, Wharton.
Nays-None.
Regular Session, IvIay 1, 1939
Communication of A. J. Strohmeyer,
Assistant Superintendent of the Fire
Alarm System, and Jos. F. Carrell, Su-
perintendent of the Fire Alarm System,
requesting that their names be placed on
the Fire Department pay roll in order
that they may be entitled to the full bene-
fits of pension under the Firemen's Re-
tirement System, presented and read.
Councilman Clark moved to refer the
communication to the City Solicitor for
investigation and report. Seconded by
Councilman Thompson. Carried by the
following vote: Yeas-Mayor Murphy,
Councilmen Clark, Thompson, Van Duel-
man, Wharton, Nays-None,
Petition of Dubuque Trades and La•
bor Congress requesting permission for
the holding of a caznival on City owned
property on East Fourth Street adjoining
the Ball Park during the week of June
5th and that the license fee and rental
fee be waived, presented and read. Coun•
cilman Clark moved that the request be
granted and that both the license fee
and rental fee be waived, Seconded by
Councilman Wharton. Carried by the
following vote: Yeas-Mayor Murphy,
Councilmen Clark, Thompson, Van Duel•
man, Wharton. Nays-None,
Petition of Clem J. Smith requesting
permission to redeem the tax sale cer•
tificate on Lot 14 in Yates Subdivision,
upon the payment of the principal, less
penalties and interest, presented and read.
Councilman Clark moved to refer the
petition to the City Manager for investi•
gation and report. Seconded by Coun•
cilman Thompson. Carried by the fol•
lowing vote: Yeas-Mayor Murphy,
Councilmen Clark, Thompson, Van Duel•
man, Wharton. Nays-None.
Petition of Carl L, Grabow, Chairman
of Parade Committee of the Boys State
Committee of the American Legion, re•
questing permission for the holding of a
street parade on the evening of May 9th,
and extending an invitation to the City
Council and City Manager to participate
in said parade, presented and read. Coun•
cilman Van Duelman moved that the
request be granted. Seconded by Coun-
cilman Clark. Carried by the following
vote: Yeas-Mayor Murphy, Councilmen
Clark, Thompson, Van Duelman, Whar•
ton, Nays-None,
Petition of G, H, Holscher requesting
that Henderson Street from the intersec•
tion of Bradley Street, West, to the Coun•
try Club, be opened, presented and read.
Councilman Wharton moved to refer the
petition to the City Council to view the
grounds. Seconded by Councilman Van
Duelman Carried by the following vote:
Yeas -Mayor Murphy, Councilmen
Clark, Thompson, Van Duelman, Whar•
ton Nays-None,
Communication of Kretschmer Insur•
ante Agency relative to the proposed
City Play Ground adjacent to Maize•
125
wood Insulation Company, presented and
read. Councilman Clark moved that the
City Manager be instructed to confer
with the Officials of the Maizewood In•
sulation Company as to the extension of
the present baseball diamond, north, far
a distance of 164 feet, Seconded by
Councilman Thompson. Carried by the
following vote: Yeas-Mayor Murphy,
Councilmen Clark, Thompson, Van
Duelman, Wharton, Nays-None.
Council Proceedings for the month of
February, 1939, presented for approval.
Councilman Clark moved that the Coun•
cil Proceedings far the month of Febru•
ary, 1939, be approved as printed. Sec-
onded by Councilman Van Duelman,
Carried by the following vote: Yeas-
Mayor Murphy, Councilmen Clark,
Thompson, Van Duelman, Whaeton.
Nays-None.
Ordinance No, 13.39, An Ordinance
granting to the Fischer Artificial Ice and
Cold Storage Company, its successors and
assigns, the right to construct, maintain
and operate an industry track over, along
and across certain streets and alleys in
Booth's Addition to the City of Dubuque,
Iowa, and declaring an emergency, said
ordinance having been passed upon first
and second readings on April 12th, 1939,
presented and read a third time.
ORDINANCE N0. 13-39
An Ordinance granting to the Fischer
Artificial Ice and Cold Storage Company,
its successors and assigns, the right to
construct, maintain and operate an in•
dustry track over, along and across cer-
tion to the City of Dubuque, Iowa, and
fain streets and alleys in Booth's Addi-
declaring an emergency.
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF DU•
BUQUE:
Paragraph 783, Section 1.
That there be and there is hereby
granted to the Fischer Artificial Ice and
Cold Storage Company of Dubuque,
Iowa, its successors and assigns, the right
and authority to construct, maintain and
operate an industry track over, along and
across certain streets and alleys in Booth's
Addition to the City of Dubuque, Iowa,
said tract to intersect and connect with
an existing railroad track in the alley be•
tween East Third Street and East Fourth
Street in Block F of Booth's Addition,
and at a point in said alley opposite
the center of lots 19 and 24 in said Block
F, and extending in a Southeasterly di•
rection along and upon said alley and
across Bell Street, and through Lots 1,
2, 3, 4, 5, 6, 7, a and 9 of Block K of
said addition, and thence in the same
direction across East Fourth Street and
across Lots 16, 17, 18 and 19 of Block
1211 Regular Session, May 1, 1939
J of said addition, and thence across
the alley in said Block J between East
Fourth and East Fifth Street and over,
along and upon the alley between Blocks
I and J and N and O of said Booth's
Addition to a point opposite the center
of Lot 4 of Block 0 of said addition, as
indicated by a red line drawn upon a
plat hereto attached and made a part
hereof, said track to be used to serve
the ice and cold storage plant of said
Fischer Artificial Ice and Cold Storage
Company located on Blocks N and 0 of
said Booths' Addition.
Paragraph 784, Section 2
Said track shall conform to the grade
of said alleys and streets over which it
passes, as now ox as hereafter established,
and, shall be so constructed and forever
maintained that the free passage for ve•
hicles across said alleys and streets at all
poitits shall not be interfered with, and
the right to impose additions( conditions
and requirements upon the use of said
track or its maintenance whenever reason-
able circumstances arise to require the
same, is reserved to the City Council of
the City of Dubuque.
Paragraph 785,~Section 3
That the cost of publication of this
ordinance enacted for the benefit of the
said Fischer Artificial Ice and Cold Stor-
age Company shall be borne by said
Fischer Artificial Ice and Cold Storage
Company of Dubuque, Iowa,
Paragraph 786, Section 4
This ordinance being deemed urgent
and of immediate necessity, shall become
effective upon its passage, adoption and
approval by the City Council and pub-
lication as provided by law, and all
rights hereunder shall accrue to the said
Fischer Artificial Ice and Cold Storage
Company, its successors and assigns, when
the provisions hereof shall have been
accepted by said company.
Passed upon first and second readings
this 12th day of April, 1939.
Passed, adopted and approved upon
final reading this 1st day of May, 1939.
GEO. R. MURPHY, Mayor.
FRANK VAN DUELMAN,
ALBERT WHARTON,
CARL A. CLARK,
F, W. THOMP50N,
Councilmen.
Attest; J. J. SHEA, City Clerk
Acceptance of Ordinance
The Fischer Artificial Ice and Cold
Storage Company, does hereby accept the
terms, provisions and conditions of the
ordinance adopted by the City Council
of the City of Dubuque, Iowa, designated
as;
"Ordinance No. 13-39. An ordinance
granting to the Fischer' Artificial Ice and
Cold Storage Company, its successors and
assigns, the right to construct, maintain
and operate an industry track over, along
and across certain streets and alleys in
Booth's Addition to the City of Dubuque,
Iowa, and declaring an emergency." this
2nd day of May, 1939.
THE FISCHER ARTIFICIAL ICE
AND COLD STORAGE COMPANY,
By ELDON F, FISCHER.
Published officially in the Telegraph-
Herald newspaper the 3rd day of May,
1939.
J. J. SHEA, City Clerk.
5.3•lt
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.
Proof of publication, certified to by
the publishers, of the statement of re•
ceipts and also a list of claims for which
warrants were drawn during the month
of March, 1939, presented and .read,
Councilman Thompson moved that the
proof of publication be received and
filed. Seconded by Councilman Clark.
Carried by the following vote; Yeas-
Mayor Murphy, Councilmen Clark,
Thompson, Van Duelman, Wharton,
Nays-None.
Report of the Board of Health for the
month of March, 1939, presented, Coun-
cilman Van Duelman moved that the
report of the Board of Health for the
month of March, 1939, be received and
placed on file. Seconded by Councilman
Thompson. Carried by the following vote:
Yeas -Mayor Murphy, Councilmen
Clark, Thompson, Van Duelman, Whar-
ton, Nays-None.
May 1, 1939,
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen:
At the council meeting of March 3,
1939, the petition of Wm. Dalbkermeyer
et aI requesting the installation of a street
light at the intersection of 27th and
White Streets was referred to the City
Manager for investigation and report.
I have investigated and find that be-
ginning at 26th and White Streets, the
street lights are located in the middle of
the blocks on White Street up to 32nd
Street. These lights are so placed because
the distance from Central Avenue across
White Street to Jackson Street is 380
feet, while the length of the blocks of
Regular Session, May 1, 1939
White Street are 600 feet each, It seems
to me that the present lights are spaced to
good advantage and that. no change
should be made. I, therefore, recommend
that the petition be denied.
Respectfully submitted,
A. A. RHOMBERG,
City Manager,
Councilman Van Duelman moved that
the recommendation of City Manager
Rhomberg be approved. Seconded by
Councilman Clark. Carried by the fol-
lowing vote: Yeas-Mayor Murphy,
Councilmen Clark, Thompson, Van Duel-
man, Wharton. Nays-None.
To the Honorable Mayor
and City Council,
Dubuque, Iowa,
Gentlemen:
May 1, 1939
At the council meeting of April 3,
1939, the petition of John B. Wersinger
requesting a free license to peddle fruit
and vegetables was referred to the City
Manager for a report.
I find that Mr. Wersinger was granted
free licenses in the past, the last one
being in 1937, during which year he did
not avail himself of the privilege having
obtained other employment. His plea
fox a free license is based upon the fact
that he is unemployed. It appears that
there are enough fee paying fruit and
vegetable peddlers in the city at present.
The granting of free licenses, excpt to
handicapped persons, can only increase
competition and I, therefore, recommend
that no free license be granted Mr. Wer-
singer.
Respectfully submitted,
A. A. RHOMBERG,
City Manager.
Councilman Van Duelman moved that
the recommendation of City Manager
Rhomberg be approved. Seconded by
Councilman Clark. Carried by the foI•
(owing vote: Yeas-Mayor Murphy,
Councilmen Clark, Thompson, Van Duel•
man, Wharton, Nays-None.
Resolution No. 63-39
WHEREAS, applications for Beer Per•
mits 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 following+
applications be and the same are hereby
approved and it is ordered that the prem•
ises to be occupied by such applicants
shall be forthwith inspected.
Class "B" Permit
127
Frank Reis-___________553 Eighth Ave,
Harry N. Gantert_1301 Rhomberge Ave.
Martin Meyer and Vernon Meyer
_ 530 East 22nd St.
Dell Warren and Ralph Warren
___1700 Central Ave.
P, J Ferring_________678 Central Ave.
Arthur J, Spahn_____428 W, Locust St,
Class "B" Permit for Private Club
Dubuque Golf Club
______________End of Randall Place
Dubuque Metal Trades Council
Club_______________29o West 4th St.
Class "C" Permit
Ethel Mae Barrett_____2401 Jackson St.
Jacob Schwietering________898 Main St.
Chas. H. Savary____892 Cleveland Ave.
F. W. Thompson_________55 Locust St.
Jos. J. Sullivan_______800 West 5th St.
Passed, adopted and approved this Ist
day of May, 1939.
GEO. R, MURPHY, Mayor.
FRANK VAN DUELMAN,
ALBERT WHARTON,
CARL A. CLARK,
F. W. THOMP50N,
Councilmen.
Attest: J. J. SHEA,
City Clerk,
Councilman Clark moved the adop•
tion of the resolution. Seconded by
Councilman Van Duelman, Carried by
the following vote. Yeas-Mayor Mur-
phy, Councilmen Clark, Thompson, Van
Duelman, Wharton. Nays-None.
Resolution No. 64-39
WHEREAS, heretofore applications
were filed by the within named applicants
for Beer Permits and they received the
approval of this Council; and
WHEREAS, the premises to be 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 RE50LVED 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
Frank Reis____________553 Eighth Ave.
Harry N. Gantert_1301 Rhomberg Ave.
Martin Meyer and Vernon Meyer
_ _590 East 22nd St.
Dell Warren and Ralph Warren
_________________1700 Central Ave.
P. J. Fexring__________678 Central Ave.
Arthur J. Spahn_____428 W, Locust St.
Class "B" Permit for Private Club
Dubuque Golf Club
_ ___ -_______End of Randall Place
Dubuque Metal Trades Council
Club_______________290 West 4th St.
128 Regular Session, May 1, 1939
Class "C" Permit
Ethel Mae Barrett_____2401 Jackson St.
Jacob Schwietering_______898 Main St,
Chas. H, Savary_____892 Cleveland Ave.
F, W. Thompson_________55 Locust St.
Jos. J. Sullivan _______800 West 5th St.
BE IT FURTHER RESOLVED that
the .bonds filed by such applicants be
and the same are hereby approved.
Passed, adopted and approved this 1st
day of May, 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.
May 1, 1939.
Honorable Mayor and City Council,
Dubuque, Iowa.
Gentlemen:
At the request of the Kretschmer-Tred•
way Company I submit herewith an ordi•
nonce amending Ordinance No. 9-39,
granting said company the right to con•
struct and maintain an unloading plat-
form and canopy over the same on Wash•
ington Street.
It appears that in the previous request
for an ordinance granting such authority,
a mistake was made in the heighth of the
canopy from the ground, and the en•
closed ordinance remedies that matter.
It is understood that the cost of pub•
lication of this amending ordinance is to
be paid by the petitioner. I respectfully
recommend the passage of the ordinance.
Respectfully submitted,
AL J. NELSON,
City Solicitor.
Councilman Van Duelman moved that
the recommendation of City Solicitor
Nelson be approved, Seconded by Coun-
cilman Wharton, Carried by the follow-
ing vote: Yeas-Mayor Murphy, Coun•
cilmen Clark, Thompson, Van Duelman,
Wharton, Nays-None.
Ordinance No. 14-39. An Ordinance
amending an Ordinance entitled: "ordi•
nonce No. 9-39. An Ordinance granting
to the Kretschmer•Tredway Company, its
successors and assigns, the right to con-
scruct and maintain an unloading plat-
form and canopy over the same, in Wash-
ington Street, abutting City Lots 418 and
419 in the town (now city) of Dubuque,
Iowa; and prescribing the conditions of
such permit", by amending Paragraph
769 Section 1 of said ordinance, pre•
sensed and read. Councilman Van Duel•
man moved that the reading just had be
considered the first reading of the ordi•
nonce. Seconded by Councilman Whar•
ton. Carried by the following vote: Yeas
-Mayor Murphy, Councilmen Clark,
Thompson, Van Duelman, Wharton.
Nays-None. Councilman Van Duelman
moved that the rules be suspended re•
quiring an ordinance to be read on three
separate days. Seconded by Councilman
Wharton. Carried by the following vote:
Yeas -Mayor Murphy, Councilmen
Clark, Thompson, Van Duelman, Whar•
ton. Nays-None. The ordinance was
then read a second time. Councilman
Van Duelman moved that the reading
just had be considered the second read-
ing of the ordinance. Seconded by
Councilman Wharton. Carried by the
following vote: Yeas-Mayor Murphy,
Councilmen Clark, Thompson, Van Duel•
man, Wharton. Nays-None.
May 1, 1939.
To the Honorable Mayor and
City Council,
Dubuque, Iowa.
Gentlemen:
At the request of the City Engineer
and Manager, I submit herewith an Or•
dinance repealing Ordinance No. G•421,
and enacting a substitute in lieu thereof,
establishing a new grade on Cox Street
from the North property line of West
Fourteenth Street to the South curb line
of West Seventeenth Street, with the rec•
ommendation that the same 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. 15-39. An Ordinance
repealing Ordinance No. G•421 entitled:
"An, Ordinance establishing a grade on
Cox Street from the North property line
of West Fourteenth Street to the South
curb line of West Seventeenth Street",
and enacting a substitute in lieu thereof,
presented and read. Councilman Van
Duelman moved that the reading just
had be considered the first reading of the
ordinance, Seconded by Councilman
Wharton. Carried by the following vote:
Yeas -Mayor 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 Clark. Carried by the fol•
lowing vote: Yeas-Mayor Murphy,
Regular Session, May 1, 1939
Councilmen Clark, Thompson, Van Duel•
man, Wharton. Nays-None. The ordi•
nonce was then read a second time. Coun•
Gilman Van Duelman moved that the
reading just had be considered the sec•
and 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,
April 24, 1939,
Honorable Mayor and City Council,
Dubuque, Iowa,
RE; CLAIM OF E. T. McKENNA
Gentlemen:
On January 31, 1939, there was re•
(erred to me for investigation and report,
claim of the above named E, T, Mc-
Kenna, filed January 24, 1939, in the sum
of $530.00, for personal injuries sus•
tained by him on January 3, 1939, in a
fall upon the sidewalk on the Westerly
side of Fremont Avenue at or near the
intersection of Fremont Avenue with
Simpson Avenue, said fall alleged to
have been Caused by the defective condi•
lion of the sidewalk at said time and
place, and by reason of which fall said
claimant sustained an injury to his right
hand, wrist and arm as the result of
which he required an X•Ray and medical
treatment, and suffered loss of time.
I beg to advise that I have completed
investigation of this claim and find that
at the time and place of this accident
the sidewalk where the accident occurred
was adjacent to a tree, one root of which
has grown and raised a slab of the side-
walk almost four inches above the adja•
cent slab and that the claimant sustained
his injury by reason of tripping over
this raised sidewalk and falling upon
the sidewalk at this place. I find that
the condition of this sidewalk constituted
what might be termed a culpable defect,
and might properly be made the basis of
a suit on account of damages sustained
by said claimant.
I find further that claimant sustained
medical and other expenses in this mat-
ter to the extent of $25.00 to $30.00 and
suffered loss of time for a number of
weeks.
I have effected compromise and settle-
ment of the claim in the sum of $65.00
and respectfully recommend that upon
the execution of the receipt and release
by the claimant, a warrant be issued in
the sum of $65.00 to Fabian Beckett for
claimant E. T. McKenna.
I am returning the claim herewith.
Respectfully submitted,
AL J, NELSON,
City Solicitor.
Councilman Van Duelman moved that
the recommendation of City Solicitor
Nelson be approved and that a warrant.
in the amount of $65.00 be ordered
drawn in favor of Fabian Beckett for the
129
claimant E, T. McKenna, as settlement in
full of the personal injury claim of said
E, T. McKenna caused in falling an a
defective sidewalk on the westerly side of
Fremont Avenue at ar near the intersec•
lion of Fremont Avenue with Simpson
Avenue, said warrant to be delivered up•
on the execution of a receipt and release
by the claimant E. T. McKenna. Sec•
onded by Councilman Clark. Carried by
the following vote: Yeas-Mayor Mur•
phy, Councilmen Clark, Thompson, Van
Duelman, Wharton, Nays-None,
April 26, 1939.
Honorable Mayor and City Council,
Dubuque, Iowa.
RE: CLAIM OF
MRS. RUTH (J. V.) ROSCHITSCH
Gentlemen:
There has been referred to me for in•
vestigation and report by your honorable
body, the claim of the above named Mrs,
Ruth (J. V.) Roschitsch, filed November
l5, 1938, in the sum of $500.00 for per•
sonal injuries sustained by her on Octo•
bet 14, 1938, in a fall upon a sidewalk
on the Northerly side of Kaufman Ave•
nue,in front of 454 Kaufman Avenue, in
the City of Dubuque, said fall alleged
to have been caused by the defective con•
dition of the sidewalk at said place, and
by reason of which fall said claimant
sustained a compound fracture of her
left ankle and leg, and other injuries, all
alleged to have been due to the negligence
of the city.
I beg to advise that I have completed
investigation of this claim and find that
this accident did occur as alleged in said
claim in a fall upon a sidewalk at. the
place alleged, and that claimant did sus-
tain serious compound fracture of her
left ankle and leg and other injuries ne•
cessitating X•Ray examinations, medical
services, hospital treatment and other ex•
penses,
Investigation further disclosed that at
the place of this accident the sidewalk
is more than two feet above the level of
the street, and that the owner of the
property in front of which the accident
happened, had installed a driveway from
the street in and upon his lot to a garage,
and that where this driveway crossed
the sidewalk, the driveway was built
lower than the sidewalk and caused
a considerable depression, and that the
aidewalk was not properly sloped to
the driveway in a smooth and even
manner, but that holes were left on
either side of the driveway, and in the
walk, and that plaintiff stepped into one
of these holes and fell sustaining a com•
pound fracture of her left ankle and leg
and other injuries. The condition of this
walk at the place in question was such
that it might be classed as a culpable de•
fect and one for which the city is re•
sponsible.
130
Regular Session, I`/Iay 1, 1939
Investigation further discloses that as
the result of her injuries, claimant had
to have X-Ray pictures taken of her leg
and ankle and was put to the expense of
considerable medical and hospital treat-
ment, and that she was unable to per•
form her household duties for approxi•
mately fourteen (14) weeks and had to
employ someone to do her household
work.
In view of all of the evidence secured
as result of the investigation, I am of the
opinion that actionable negligence might
be proven and sustained in this case, and
for that reason I have effected a com•
promise and settlement of the claim for
the sum of $225,00 and respectfully rec•
ommend settlement of the claim on that
basis.
I further find that on February 6,
1939, St. Joseph's Mercy Hospital filed
with the Clerk of the District Court of
Dubuque County, notice of hospital lien
and statement of the same which notice
was referred by your honorable body to
me for investigation and report. Investi•
gation discloses that the original amount
of this claim and lien was in the sum of
$28.00 upon which claimant has made
payment since the time of filing of the
same,
I herewith respectfully recommend that
upon the execution of the receipt and
release by the claimant, a warrant in the
sum of $225.00 be issued to Mrs. Ruth
(J. V.) Roschitsch, and St, Joseph's
Mercy Hospital.
I am returning claim and lien here-
with.
Respectfully submitted,
AL J. NELSON,
City Solicitor.
Councilman Van Duelman moved that
the recommendation of City Solicitor
Nelson be approved and that a warrant
in the amount of $225.00 be ordered
drawn in favor of Mrs. Ruth (J. V. )
Roschitsch and St. Joseph's Mercy Hos•
pica( as settlement of the personal in•
jury claim of Mrs. Ruth (J. V.) Rosch•
itsch caused in falling on a defective
sidewalk in front of 454 Kaufmann Ave•
nue. Seconded by Councilman Thomp•
son. Carried by the fallowing vote: Yeas
-Mayor Murphy, Councilmen Clark,
Thompson, Van Duelman, Wharton.
Nays-None.
May 1, 1939.
Honorable Mayor and City Council,
Dubque, Iowa.
Gentlemen:
In the progress of the work of revising
the City Ordinances which is being done
as a WPA project under my supervision,
it has been ascertained that there are a
considerable number of ordinances which
are included in the revision of 1919 and
which are still in farce and were not re•
pealed or amended after the form of the
City Government was changed from the
Special Charter City Form to the Man•
ager Form. Changes are necessary in
nearly all of these ordinances to conform
to our present system of government,
and at the present time I am herewith
submitting six ordinances either repeal-
ing or amending ordinances contained
in the revision of ]919, as follows: '
1.--Ordinance amending Ordinance
No. 9, by striking therefrom the word
"recorder" and inserting the word "city
clerk. This is necessary because, under
our present form of government we have
no city recorder.
2.-An Ordinance amending Ordi•
nonce No. 82, by striking therefrom the
word "recorder" and inserting "city
clerk", made necessary for the same rea•
son as the previous ordinance.
3.-An Ordinance amending Ordi•
nonce No. 80, prescribing the fiscal year
by changing the date thereof from March
to April, necessitated by reason of the
fact that the statute relating to City
Manager Cities prescribes that the fiscal
year begins April 1st.
4. An Ordinance amending Ordi•
nonce No. 81, relating to the execution
of contracts by the city by striking the
word "recorder" from said ordinances,
and inserting in lieu thereof the word
"City Clerk", necessary far the reason that
under our present form of city govern-
ment, we have no city recorder and all
duties are performed by the city clerk.
5. An Ordinance amending Ordi•
nonce No. 79, relating to the city seal
by striking from the ordinance the word
"recorder" and inserting in lieu thereof
the ward "city clerk" for the same reason
as the preceding ordinance.
6.-An ordinance repealing Paragraph
638, Section 3, of Ordinance No. 83,
which paragraph provides for the pur•
chase of personal property by others
than the City Manager, necessitated by
reason of the fact that the City Manager
under the law, is purchasing agent for
the city under our present form of gov
ernment.
It will be necessary that a number of
other ordinances in force since prior to
the revision in 1919 be revised or amend-
ed and made applicable to our present
form of government, and this will be
done as soon as conferences can be held
with the persons in charge of the differ-
ent Departments of the City Government,
which are effected by those particular
ordinances, and the ordinances in ques•
lion brought down to date and made to
conform to our present form of govern-
ment, and the provisions of our present
statutes.
I would respectfully recommend that
the ordinances submitted herewith be
adopted by your honorable body.
Respectfully submitted,
AL J. NELSON,
City Solicitor.
Regular Session, 1VIay 1, 1939
Councilman Van Duelman moved that
the recommendation of City Solicitor
Nelson be approved. Seconded by Coun•
cilman Wharton. Carried by the follow-
ing vote: Yeas-Mayor Murphy, Coun•
cilmen Clark; Thompson, Van Duelman,
Wharton, Nays-None.
Ordinance No. 16-39. An Ordinance
amending an ordinance entitled: "Ordi•
nonce No. 9. An Ordinance defining the
duties and powers of the recorder", by
striking from the title of said ordinance
the word "recorder", and inserting in
lieu thereof "city clerk"; and by striking
from line 4 of Paragraph 43, Section 5
of said ordinance, the word "recorder",
and inserting in lieu thereof the words
"city clerk", presented and read, Coun-
cilman Van Duelman moved that the
reading just had be considered the first
reading of the ordinance. Seconded by
Councilman Wharton. Carried by the
following vote: Yeas---Mayor 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 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. Coun•
cilman Van Duelman moved that the
reading just had be considered the sec•
and 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,
Ordinance No. 17-39. An Ordinance
amending an Ordinance entitled: "Ordi•
nonce No. 82, An Ordinance prescribing
the manner of keeping the official record
of the proceedings of the Council and
providing for the publication of the
same", by striking from Paragraph 632,
Section 1; Paragraph 633, Section 2;
Paragraph 634, Section 3; Paragraph
635, Section 4, the word "recorder" wher-
ever the same may appear in said para-
graphs and sections, and inserting in lieu
thereof the words "city clerk", presented
and read. Councilman Van Duelman
moved that the reading just had be con,
sidered the first reading of the ordinance,
Seconded by Councilman Clark. 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.
Sernnded by Councilman Clark, Carried
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-
131
onded by Councilman Wharton. Carried
by the following vote: Yeas-Mayor
Murphy, Councilmen Clark, Thompson,
Van Duelman, Wharton, Nays-None.
Ordinance No. 18.39. An Ordinance
amending an Ordinance entitled; "Or-
dinance No, 80. An Ordinance fixing and
defining the fiscal year far the City to
provide for the making of an annual ap•
propriation of funds to be expended
during the ensuing year", by striking
from Paragraph 628, Section 1; Para•
graph 629, Section 2; Paragraph 630,
Section 3 of said Ordinance the word
"April" wherever the same may appear
and inserting in lieu thereof "May", and
by striking the word "recorder" wherever
the same may appear and inserting in
lieu thereof the words "city clerk", pre•
sented and read. Councilman Van Duel-
man moved that the reading just had be
considered the first reading of the ordi-
nance, Seconded by Councilman Clark.
Carried by the following vote: Yeas-
Mayor Murphy, Councilmen Clark,
Thompson, Van Duelman, Wharton.
Nays-None. Councilman Clark moved
that the rules be suspended requiring an
ordinance to be read on three separate
days. Seconded by Councilman Van
Duelman, Carried by the fallowing vote:
Yeas -Mayor Murphy, Councilmen
Clark, Thompson, Van Duelman, Whar•
ton, Nays-None. The ordinance was
then read a second time. Councilman
Van Duelman moved that the reading
just had be considered the second read-
ing of the ordinance. Seconded by
Councilman Clark. Carried by the fol•
lowing vote: Yeas-Mayor Murphy,
Councilmen Clark, Thompson, Van
Duelman, Wharton. Nays-None,
Ordinance No. 19-39. An Ordinance'
amending an Ordinance entitled: "Ordi-
nance No. 81. An Ordinance providing
for the execution of contracts by the
City", by striking from Paragraph 631,
Section 1 of said Ordinance the word
"recorder" and inserting in lieu thereof
the words "city clerk", 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 following vote: Yeas-Mayor
Murphy, Conucilmen Clark, Thompson,
Van Duelman, Wharton. Nays-None.
Councilman Van Duelman moved that
the rules be suspended requiring an ordi•
nonce to be read on three sparate 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 Counciltan Wharton. Car-
ried by the following vote: Yeas-Mayor
132, Regular Session, May 1, 1939 ~ ~ especial Session, lay 4, 1939 133
Murphy, Councilmen Clark, Thompson,
Van Duelman, Wharton. Nays-None,
Ordinance Na. 20-39, An Ordinance
amending an Ordinance entitled: "Ordi•
nonce No. 79. An Ordinance establish-
ing the City Seal", by striking from Par•
agraph 627, Section 2 of said Ordinance
No. 79, wherever the same may appear,
the word "recorder" and inserting in lieu
thereof, the words "City Clerk", presented
and read. Councilman Van Duelman
moved that the reading just had be con•
sidered the first reading of the ordinance.
Seconded by Councilman Clark. Cax•
ried by the following vote: Yeas-Mayor
Murphy, Councilmen Clark, Thompson,
Van Duelman, Wharton. Nays-None.
Councilman Van Duelman moved that
the rules be suspended requiring an ordi•
nonce to be read on three separate days.
Seconded by Councilman Clark. Carried
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 Clark. Carried by
the following vote: Yeas-Mayor Mur•
phy, Councilmen Clark, Thompson, Van
Duelman, Wharton. Nays-None.
Ordinance No. 21-39. An Ordinance
repealing Paragraph 638, Section 3, of
an Ordinance entitled: "Ordinance No.
63. An Ordinance relating to the per•
sonal property of the City", said' ordi•
Hance being Ordinanec No. 83 of the
Revised Ordinances of the City of Du•
buque of 1919, presented and read. Coun•
cilman Van Duelman moved that the
reading just had be considered the first
reading 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. Council-
men 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•
Hance was then read a second time. Coun•
cilman Van Duelman moved that the
'reading just had be considered the sec•
and reading 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.
There being no further business Coun•
cilman Van Duelman moved to adjourn,
Seconded by Councilman Clark. Carried
by the following vote: Yeas-Mayor Mur•
phy, Councilman Clark, Thompson, Van
Duelman, Wharton. Nays-None.
Approved
1939.
City Council
(Official)
Special Session, May 4th, 1939.
Council met at 5:45 P. M.
Present-Mayor Murphy, Councilmen
Clark, Thompson, Van Duelman, Whar•
ton, City Manager Rhombetg. Meeting
called by order of Councilmen 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 for preliminary
approval the plans and specifications,
form of contracts, and cost of improve-
ments for: No. 1-Furnishing of a Deep
Well Turbine Pump at Lot 503 Ham's
Addition, northeast corner of Shiras and
Lincoln Avenues, estimated total cost
$10,000.00; No. 2-Installation of Sup-
ply Main from No. 7 Well House on
Shiras and Lincoln Avenues to No. 5
Well Piping, estimated cast $5,000.00;
No. 3---Construction of a Well House
at Lot 503 Ham's Addition, northeast
corner of Shiras and Lincoln Avenues,
estimated cast $3,000.00, Such other busi•
Hess will be acted upon as may properly
come before a regular meeting of the
City Council.
Resolution No. 65-39. Preliminary
approval of plans and specifications, form
of contract and cost of improvement for
the furnishing of a Deep Well Turbine
Pump, presented and read, Councilman
Van Duelman moved the adoption of
the resolution, Seconded by Councilman
Clark. Carried by the following vote:
Yeas-Mayor Murphy, Councilmen Clark,
Thompson, Van Duelman, Wharton.
Nays-None.
published in the City of Dubuque, at
which hearing the Council will hear any
objections and enter on record its final
decision thereon.
Passed, adopted and approved this 4th
day of May, 1939.
GEO. R. MURPHY, Mayor.
FRANK VAN DUELMAN,
CARL A. CLARK,
F, W. THOMPSON,
ALBERT WHARTON,
Councilmen.
Attest: J, J, SHEA,
City Clerk.
Councilman Van Duelman moved the
adoption of the resolution. Seconded by
Councilman Clark, Carried by the fol•
(owing vote: Yeas-Mayor Murphy,
Councilmen Clark, Thompson, Van Duel•
man, Wharton. Nays-None.
J. J. SHEA, City Clerk.
Adopted __
Councilmen: __
~ --
I
l --
Attest: _____
1939.
City Clerk.
Resolution No. 66-39.
WHEREAS, the City Council of the
City of Dubuque, Iowa, has by resolution
No. 65.39 given its preliminary approval
on the proposed plans, specifications and
form of contract, and estimated cost of
improvement, and placed same on file in
the office of the City Clerk for public
inspection, for the Furnishing of a Deep
Well Turbine Pump, at Lot 503 Ham's
Addition, northeast corner of Shiras and
Lincoln Avenue.
BE IT THEREFORE RESOLVED that
on the 16th day of May, 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 tax•
payers may appear and make objection
to the proposed plans and specifications
and proposed form of contract, to the
cost of the improvement, and the City
Clerk be and he is hereby directed to
cause a notice of the time and place of
such hearing to be published 10 days
before said hearing in official newspaper
Resolution No. 67-39
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DU•
BUQUE, IOWA, that pursuant to a
Resolution No. 65-~39, which was duly
passed by this Council for the furnish-
ing of a Deep Well Turbine Pump, at
Lot 503 Ham's Addition, northeast cor-
ner of Shiras and Lincoln Avenue;
BE and the same is hereby ordered
furnished 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 heretofore
adopted and now on file in the office of
the City Clerk.
BE IT FURTHER RESOLVED that
the cost and expense of the said Im•
provement be paid for by 4S% PWA
Grant and balance from City Water De•
partment Funds.
BE IT FURTHER RESOLVED chat
the City Clerk be and he is hereby or-
dered and directed to advertise far pro•
posals for the construction of the various
improvements herein provided for in the
manner provided by law, the said im•
provements shall be completed within
60 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 4th
day of May, 1939.
GEO. R. MURPHY, Mayor.
FRANK VAN DUELMAN,
CARL A. CLARK,
F. W. THOMPSON,
ALBERT WHARTON,
CaunctYmen,
Attests J. J. SHEA,
City Clerk.
i'
134 Special Session, May 4, 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 Duel•
man, Wharton. Nays-None.
Resolution No. 68-39. Preliminary
approval of plans and specifications,
form of contract and cost of improve•
ment for installation of Supply Main
from Pump House, presented and read.
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. 70-39
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DU-
BUQUE, IOWA, That pursuant to a
Resolution No. 68-39, which was duly
passed by this Council fox the Installa•
lion of Supply Mains from No. 7 Well
House on Shiras and Lincoln Avenue co
No, 5 Well Piping;
BE and the same is hereby ordered in•
stalled by this Council upon its own mo-
tion and with or without the petition of
property owners. All the work shall be
constructed in accordance with the plans
and specifications heretofore adopted and
now on file in the office of the City
Clerk.
Resolution No. 69-39
WHEREAS, the City Council of the
City of Dubuque, Iowa, has by resolu•
lion No. 68-39 given its preliminary
approval on the proposed plans, specifi-
cations and form of contract, and esti-
mated cost of improvement, and placed
same on file in the oifice of the City
Clerk for public inspection, for the In-
stallation of Supply Mains from No. 7
Well House on Shiras and Lincoln Ave•
nue to No, 5 Well Piping.
BE IT THEREFORE RESOLVED
that on the 16th day of May, 1939, a
Public Hearing will be held at 7:30 0'-
clock P. M. in the Council Chamber in
the City of Dubuque, at which time the
taxpayers may appear and make objec-
tion to the proposed plans and specifi•
cations and proposed form of contract,
to the cost of the improvement, and the
City Clerk be and he is hereby directed
to cause a notice of the time and place
of such hearing to be published 10 days
before said hearing in offcial newspaper
published in the City of Dubuque, at
which hearing the Council will hear any
objections and enter on record its final
decision thereon.
Passed, adopted and approved this 4th
day of May, 1939,
GEO. R. MURPHY, Mayor.
FRANK VAN DUELMAN,
CARL A. CLARK,
F, W. THOMPSON,
ALBERT WHARTON,
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.
BE IT FURTHER RESOLVED That
the cost and expense of the said Im•
provement be paid for by 45% P;W.A,
Grant and balance from City Water De-
partment Funds,
BE IT FURTHER RESOLVED that
the City Clerk be and he is hereby or-
dered and directed to advertise for pro•
posals for the construction of the vari-
ous improvements herein provided for in
the manner provided by law, the said im-
prpvements shall be completed within 75
consecutive calendar days from the date
of commencement, which shall be speci•
fled in a written order by the City Man-
ager.
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 4th
day of May, 1939,
GEO. R, MURPHY, Mayor.
FRANK VAN DUELMAN,
CARL A. CLARK,
F. W. THOMPSON,
ALBERT WHARTON,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Van Duelman moved the
adoption of the resolution. Seconded by
Councilman Thompson, Carried by the
fallowing vote: Yeas-Mayor Murphy,
Councilmen Clark, Thompson, Van Duel-
man, Wharton, Nays-None.
Resolution No. 71-39. Preliminary
approval of plans and specifications, form
of contract and cast of improvement for
the construction of a Well House, pre•
sensed and read. Councilman Van Due(•
man moved the adoption of the resolu
tion. Seconded by Councilman Clark,
Carried by the following vote: Yeas-
Mayor Murphy, Councilmen Clark,
Thompson, Van Duelman, Wharton.
Nays-None.
Special Session, May 4, 1939
135
Resolution No. 72.39
WHEREAS, the City Council of the
City of Dubuque, Iowa, has by resolu•
tion No, 71.39 given its preliminary ap•
proval on the proposed plans, specifica-
tions and form of contract, and estimated
cost of improvement, and placed same
on file in the office of the City Clerk for
public inspection, for the Construction
of a Well House, at Lot 503 Ham's Ad•
dition, northeast corner of Shiras and
Lincoln Avenue;
BE IT THEREFORE RESOLVED
that on the 16th day of May, 1939, a
Public Hearing will be held at 7:30 0'-
clock P. M, in the Council Chamber in
the City of Dubuque, at which time the
taxpayers may appear and make objec•
tion to the proposed plans and specifi•
cations and proposed form of oontract,
to the cost of the improvement, and the
City Clerk be and he is hereby directed
to cause a notice of the time and place
of such hearing to be published 10 days
before said hearing in official newspaper
published in the City of Dubuque, at
which hearing the Council will hear any
objections and enter on records its final
decision thereon.
Passed, adopted and approved this 4th
day of May, 1939.
GEO. R. MURPHY, Mayor.
FRANK VAN DUELMAN,
CARL A. CLARK,
F. W. THOMPSON,
ALBERT WHARTON,
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. 73-39
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DU-
BUQUE, IOWA, That pursuant to a
Resolution No, 71-39, which was duly
passed' by this Council for the Construc-
tion of a Well House, at Lot 503 Ham's
Addition, northeast corner of Shiras and
Lincoln Avenue;
BE and the same is 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 heretofore
adopted and now on file in the office of
the City Clerk,
BE IT FURTHER RESOLVED that
the cost and expense of the said improve•
ment be paid far by 45% P,W,A, grant
and balance from City Water Depart•
ment Funds.
BE IT FURTHER RESOLVED that
the City Clerk be and he is hereby or-
dered and directed to advertise for pro•
posals for the construction of the vaxi•
ous improvements herein provided for in
the manner provided by law, the said
improvements shall be completed within
75 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 4th
day of May, 1939,
GEO. R. MURPHY, Mayor.
FRANK VAN DUELMAN,
CARL A. CLARK,
F, W. THOMPSON,
ALBERT WHARTON,
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.
Communication of Concrete Products
Company submitting an offer in the
amount of $750.00 for the purchase of
Lot 9 in Industrial Subdivision No, 2,
presented and read. Councilman Whar•
ton moved that the communication be
received and filed. Seconded by Coun•
Gilman Clark. Carried by the following
vote: Yeas-Mayor Murphy, Councilmen
Clark, Thompson, Van Duelman, Whar-
ton. Nays-None.
Petition of A, L. Salz requesting the
opening of Henderson Street from the
intersection of Bradley and Henderson
Streets toward the Golf Course, presented
and read. Councilman Wharton moved to
refer the petition to the City Manager
and City Engineer with instructions to
prepare a proper grade and submit a
report back to the City Council. Sec-
onded by Councilman Thompson. Car•
xied by the following vote: Yeas-Mayor
Murphy, Councilmen Clark, Thompson,
Van Duelman, Wharton. Nays-None.
Notice of Claim of Anna C. Dax in
the amount of ,82,500,00 for persona(
injuries received in falling on an icy
sidewalk on the easterly side of Bryant
136 Specia] Session, May 4, 1939
Street at a point approximately at rite
center of the distance between house
number 244 and house number 280 Bry-
ant Street, presented and read. Council-
man Clark moved to refer the Claim to
the City Solicitor far investigation and
report. Seconded by Councilman Whar•
ton. Carried by the following vote: Yeas
-Mayor Murphy, Councilmen Clark,
Thompson, Van Duelman, Wharton.
Nays-None.
There being no further business Coun•
cilman Clark moved to adjourn, Sec•
onded by Councilman Van Duelman.
Carried by the following vote: Yeas-
Mayor Murphy, Councilmen Clark,
Thompson, Van Duelman, \`Uharton.
Nays-None,
J. J. SHEA, City Clerk.
Approved___ __________________1939.
Adopted ________ 1939.
Councilmen:
Attest: _
City Clerk.
Special Session, IvIay 16, 1939
~I$~ COIII1C10
(Official)
Special Session, May 16th, 1939
Council met at 8:00 P. M.
Present-Mayor Murphy, Councilmen
Clark, Thompson, Van Duelman, Whar•
ton, City Manager Rhomberg. Meeting
called by order of Councilmen Van Duel•
man and Wharton.
Mayor Murphy 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 upon
the plans and specifications, form of con•
tracts and cost of improvements for:
No. 1-Furnishing of a Deep Well
Turbine Pump at Lot 503 Ham's Addi•
tion, northeast corner of Shiras and Lin-
coin Avenues, estimated total cost $10,•
000.00.
No. 2-Installation of Supply Main
from No. 7 Well House on Shiras and
Lincoln Avenues to No. 5 Well Piping,
estimated cost $5,000.00.
No. 3-Construction of a ~Y/ell House
at Lot 503 Ham's Addition, northeast
corner of Shiras and Lincoln Avenues,
estimated cost $3,000.00.
Such other business will be acted upon
as may properly come before a regular
meeting of the City Council.
Councilman Clark moved that the rules
be suspended for the purpose of allow
ing any one present in the Council Cham•
ber, who wishes to do so, to address the
Council. Seconded by Councilman
Thompson. Carried by the following
vote: Yeas-Mayor Murphy, Councilmen
Clark, Thompson, Van Duelman, Whar•
ton. Nays-None. Mr. John Kerper,
President of the Dock Board, addressed
the Council relative to acquiring the
property on City Island and on the
mainland as outlined on the Master Plan
of the City in connection with the pro-
posed Peosta Channel Industrial Devel-
opment. Stating to Council that so far
the Board had been unable to deal sat•
isfacorily with the present owners and
verbally petitioned the Council to au•
thorize condemnation proceedings to ac•
quire the property if other means of ob•
raining the same do not produce results,
Councilman Clark moved that the ver•
bal request.of the Dock Board be granted
and that the Dock Board be authorized
to proceed with acquiring the (and re•
quired for the Peosta Channel Industrial
Development and to institute condemna•
lion proceedings if necessary to obtain
the same. Seconded by Councilman Van
Duelman. Carried by the following vote:
Yeas -Mayor Murphy, Councilmen
Clark, Thompson, Van Duelman, Whar•
ton. Nays-None.
137
Attorney Frank Gilloon, representing
the Perfection Oil Company, addressed
the Council requesting that favorable ac•
lion be taken on the previous verbal re•
quest of the Perfection Oil Company for
permission to erect curb pumps between
the property line and the curbing at their
property located at the intersection of
Rhomberg and Lincoln Avenues, City
Manager Rhomberg advising Mr. Gil•
loon that the verbal request of the Per•
fection Oil Company had been denied
by the Council after viewing the grounds.
Proof of publication, certified to by
the publishers, of notice of a hearing up•
on the plans and specifications, form of
contract and cost of improvements for
the
No. 1-Furnishing of a Deep Well
Turbine Pump, at Lot 503 Ham's Addi•
lion, northeast corner of Shiras and Lin•
coin Avenue, estimated total cost $10,•
000.00.
No. 2-Installation of Supply Main
from No. 7 WeII House on Shiras and
Lincoln Avenue to No. 5 Well Piping,
estimated cost $5,000,00,
No. 3-Construction of a Well House,
at Lot 503 Ham's Addition, northeast
corner of Shiras and Lincoln Avenue,
estimated cost $3,000.00.
No objections filed and no one present
in the Council Chamber objecting, Coun•
cilman Thompson moved that the proof
of publication be received and filed. Sec•
onded by Councilman Clark. Carried by
the following vote: Yeas-Mayor Mur•
phy, Councilmen Clark, Thompson, Van
Duelman, Wharton. Nays-None,
Resolution No. 74-39
WHEREAS, proposed plans and speci•
fications and form of contract, for the
furnishing of a Deep Wel( Turbine
Pump, at Lot 503 Ham's Addition, north-
east corner of _Shiras and Lincoln Ave•
nue; have been approved by the Coun-
cil of the City of Dubuque, and public
notice given as provided by Chapter 23
of the Code of Iowa 1935, pertaining to
public contracts and bonds, and the time
and place fixed for the hearing of all ob•
jections to said plans, specifications or
contract for cost of such improvements,
said time being this 16th day of May,
1939; and
WHEREAS, the City Council met in
Special Session this 16th day of May,
1939, at 7:30 o'clock P. M. at the Coun•
ci( Chamber in the City Hall for the
purpose of hearing all interested parties
and considering any and al(. objections
which have been filed to the proposed
plans, specifications or contract for or
cost of the improvement herein described
and proposed to be made; and
WHEREAS, all interested parties have
been given an opportunity to be heard
and all objections which have been filed
have been duly weighed and considered;
now, therefore
0
i
138 Special Session, May 16, 1939
BE IT RESOLVED by the City Coun•
ti( of the City of Dubuque, that al( 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 and
the same are hereby overruled and such
plans, specifications and form of contract
heretofore approved are hereby adapted,
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 and form of contract for or cost
of said improvement be made a matter
of permanent record in connection with
said improvement.
Passed, adapted and approved this 16th
day of May 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 Coun•
cilman Van Duelman. Carried by the
following vote: Yeas-Mayor Murphy,
Councilmen Clark, Thompson, Van Duel-
man, Wharton, Nays-None. .
Resolution No. 75-39
WHEREAS, proposed plans and speci•
hcations and form of contract for the
Installation of Supply Mains from No.
7 Well House on Shiras and Lincoln
Avenue to No, 5 Well Piping; have been
approved by the City Council of the
City of Dubuque, and public notice given
as provided by Chapter 23 of the Cade
of Iowa 1935, pertaining to public con•
tracts and bonds, and 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 May 1939; and
WHEREAS, the City Council met in
Special Session this 16th day of May
1939, at 7:30 o'clock P, M, at the Coun-
cil Chamber in the City Hall for the
purpose of hearing all interested parties
and considering any and all objections
which have been filed to the proposed
plans, specifications or contract for or
cost of the improvement herein described
and proposed to be made; and
WHEREAS, all interested parties have
been given an opportunity to be heard
and all objections which have been filed
have been duly weighed and considered;
now, therefore
BE IT RESOLVED by the City Coun-
cil 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 and
the same are hereby overruled and such
plans, specifications and form of contract
heretofore approved are hereby 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•
lions 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 16th
day of May, 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 following vote: Yeas-Mayor Mur-
phy, Councilmen Clark, Thompson, Van
Duelman, Wharton. Nays-None,
Resolution No. 76-39
WHEREAS, proposed plans and speci-
fication and form of contract for the
Construction of a Well House, at Lot
503 Ham's Addition, northeast corner
of 5hiras and Lincoln Avenue; 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 pub-
lic contracts and bonds, and the time
and place fixed for the hearing of all
objections to said plans, specifications or
contract for cast of such improvements,
said time being this 16th day of May,
1939; and
WHEREAS, the City Council met in
Special Session this 16th day of May,
1939, at 7:30 o'clock P. M, at the Coun•
cil chamber in the City Hall for the
purpose of hearing all interested parties
and considering any and all objections
which have been filed to the proposed
plans, specifications ar contract for or
cost of the improvement herein described
and proposed to be made; and
WHEREAS, all interested parties have
been given an opportunity to be heard
and all objections which have been filed
have been duly weighed and considered;
now, therefore
BE IT RESOLVED by the City Coun-
cil of the City of Dubuque, that all ob•
jections which have been made and filed
to the plans, specifications, contract far
or cost of said improvement herein de•
scribed and proposed to be made, be and
the, same axe hereby overruled and such
Special Session, IyIay 16, 1939
plans, specifications and form of con•
react heretofore approved are hereby
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 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 16th
day of May, 1939.
GEO. R. MURPHY, Mayor.
FRANK VAN DUELMAN,
ALBERT WHARTON,
CARL A, CLARK,
F. W, THOMPSON,
Councilmen.
Actest: J, J. SHEA,
City Clerk.
Councilman Van Duelman moved the
adoption of the resolution. Seconded by
Councilman Murphy. Carried by the fo(•
lowing vote: Yeas-Mayor Murphy,
Councilmen Clark, Thompson, Van Duel•
man, Wharton, Nays-None.
Petition of Board of Trustees of Car•
negie Stout Public Library, requesting
that an application be made to the State
Comptroller for authority to transfer
from the Library Maintenance Fund to
the Library Building Fund the sum of
$683.97, presented and read. Council-
man Wharton moved that the request be
granted and that the City Manager be
instructed to prepare the proper resolu•
tion. Seconded by Councilman Clark.
Carried by the following vote: Yeas-
Mayor Murphy, Councilmen Clark,
Thompson, Van Duelman, Wharton,
Nays-None,
Notice of Claim of Mrs, Fxed • Rusch
in the amount of $200.00 for personal
injuries received in falling on sidewalk
on the West side of Jackson Street be-
tween 15th and ]6th Streets in front of
St, Mary's School, presented and read.
Councilman Wharton moved to refer
the notiec of claim to the City Solicitor
for investigation and report, Seconded
by Councilman Thompson, Carried by
the following vote: Yeas-Mayor Mur•
phy, Councilmen Clark, Thompson, Van
Duelman, Wharton. Nays-None.
Communication of N. M. Sutton, rel-
ative to the improving of the Alley abut-
ting his property on Hill Street, said alley
running between Bonson and Wooten
Streets, presented and read, Councilman
Clark moved to refer the communication
to the City Manager, Seconded by Coun•
cilman Van Duelman, Carried by the fol•
lowing vote: Yeas-Mayor Murphy,
Councilmen Clark, Thompson, Van Duel•
man, Wharton, Nays-None.
Communication of the Iowa Society of
Certified Public Accountants, advising
Council that at the session of the Legis•
139
lature just closed that a law was passed
permitting cities the option of employing
practicing accountants duly registered
with the Iowa Board of Accountancy to
make their audits instead of the Auditor
of State if they so desire, presented and
read. Councilman Wharton moved to re•
fer the communication to the City Coun•
cil, Seconded by Councilman Thompson.
Carried by the following vote: Yeas-
Mayor Murphy, Councilmen Clark,
Thompson, Van Duelman, Wharton.
Nays-None.
Communication 'of W, M. Thurber,
Asst, Superintendent of the Chicago,
Milwaukee, St. Paul & Pacific Railroad
Company, together with license in dupli•
care covering electric line or cable on
Milwaukee R/W and tracks near the
City Water Works, presented and read.
Councilman Van Duelman moved to re-
fer the communication and license to the
City Solicitor for investigation and re•
port, Seconded by Councilman Clark,
Carried by the following vote: Yeas-
Mayor Murphy, Councilmen Clark,
Thompson, Van Duelman, Wharton.
Nays-None,
Petition of Albert Hird et al, request~
inq that the one block of Seminary Street
between St. Ambrose Street and the City
Limits be put in first class condition, pre•
sented and read. Councilman Clark
moved that the request be granted. Sec-
onded by Councilman Wharton, Carried
by the following vote: Yeas-Mayor
Murphy, Councilmen Clark, Thompson,
Van Duelman, Wharton. Nays-None,
Petition of Mrs, Anna Fatka Boeseti,
referred to the City Council by the Board
of Supervisors, requesting suspension of
the 1938 taxes on Lots 255 and 256 East
Dubuque Addition, presented and read.
Councilman Van Duelman moved to re•
fer the petition to the City Solicitor for
investigation and report, Seconded by
Councilman Clark. Carried by the fal•
lowing vote: Yeas-Mayor Murphy,
Councilmen Clark, Thompson, Van Duel•
man, Wharton, Nays-None.
Petition of Mrs. Mary Klinkhamer, re•
feared to the City Council by the Board
of Supervisors, requesting suspension of
the 1938 taxes on Lot 32 of Min, Lot
39, 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. 14.39. An Ordinance
amending an Ordinance entitled: "Ordi•
nonce No, 9.39. An Ordinance granting
to the Kretschmer•Txedway Company, its
successors and assigns, the right to con•
struct and maintain an unloading plat-
form and canopy over the same, in Wash-
ington Street, abutting City Lots 418
~~
N'
-~
-a
^
140 Special Session, May 16, 1939
and 419 in the town (now city) of
Dubuque, Iowa: and prescribing the con-
ditions of such permit", by amending
Paragraph 769 Section 1 of said ordi-
nance, said ordinance having been passed
upon first and second readings on May
1st, 1939, presented and read a third
time.
_ __ ORDINANCE N0. 14-39 ___ _
An Ordinance amending an Ordinance
entitled: "Ordinance No. 9.39. An Ordi-
nance granting to the Kretschmer•Tred-
way Company, its successors and assigns,
the right to construet and maintain an
unloading platform and canopy over the
same, in Washington Street, abutting City
lots 418 and 419 in the town (now city)
of Dubuque, Iowa; and prescribing the
conditions of such permit," by amend-
ing Paragraph 769 Section 1 of said or-
dinance.
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF DU-
BUQUE:
Paragraph 787 Section 1.
That an ordinance entitled: "Ordi-
nance No. 9.34. An Ordinance granting
to the Kretschmer-Tredway Company, its
successors and assigns, the right to con•
struct and maintain an unloading plat-
form and canopy, over the same, in
Washington Street, abutting city lots 4l8
and 419, in the town (now city) of Du•
buque, Iowa; and prescribing the condi-
tions of such permit," be, and the same is
hereby amended by striking from said
Paragraph 769 Section 1 of said ordi-
nance and from lines 9 and 10 thereof
the following: "and to be not less than
16 feet 9 inches above the surface of
said Washington Street," and inserting
in lieu thereof the fallowing: "and to be
not less than 14-feet 3 inches above the
surface of said Washington Street."
Paragraph 788 Section 2
It is understood and provided that the
cost of publication of this ordinance en•
acted for the benefit of said Kretschmer-
Tredway Company, shall be borne by said
Kretschmer-Tredway Company of Du-
bugtte, Iowa.
Paragraph 789 Section 3
This ordinance shall be in force and
effect ten (10) days from and after its
final passage, adoption and approval by
the City Council and publication as pro•
vided by law, and all rights hereunder
shalt accrue to said Kretschmer-Tredway
Company, its successors or assigns, when
the provisions hereof shall have been ac•
cepted by said company.
Passed upon first and second readings
this 1st day of May, 1939.
Passed, adopted and approved upon
final reading this 16th day of May, 1939.
GEO. R. MURPHY, Mayor.
FRANK VAN DUELMAN,
ALBERT WHARTON,
CARL A. CLARK,
F. W. THOMPSON,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
ACCEPTANCE OF ORDINANCE
The Kretschmer-Tredway Company,
does hereby accept the terms, provisions
and conditions of the ordinance adopted
by the City Council of the City of Du-
buque, designated as: "Ordinance No.
14.39. An ordinance amending an ordi-
nance entitled: "Ordinance No. 9.39. An
Ordinance granting to Kretscher-Tredway
Company, its successors and assigns, the
right to construct and maintain an un-
loading platform and canopy over the
same in Washington Street abutting city
lots 418 and 419, in the town (now city)
of Dubuque, Iowa, and prescribing the
conditions of such permit", by amending
Paragraph 769, Section 1 of said ordi-
nance," this 17th day of May, 1939.
KRETSCHMER-TREDWAY COM-
PANY,
By Laura A. Kretschmer,
President.
Published officially in the Telegraph-
Herald newspaper, this 18th day of May,
1939.
J, J. SHEA, City CIe:•k.
5.18-1t
Councilman Van Duelman moved the
adoption of the ordinance. Seconded by
Councilman Thompson. Carried by the
following vote: Yeas-Mayor Murphy,
Councilmen Clark, Thompson, Van Duel-
man, Wharton. Nays-None.
Ordinance No. 15.39. An Ordinance
repealing Ordinance No. G-421 entitled:
"An Ordinance establishing a grade on
Cox Street from the North property line
of West Fourteenth Street to the South
curb line of West Seventeenth Street",
and enacting a substitute in lieu thereof,
said ordinance having been posed upon
first and second readings on May 1st,
1939, presented and read a third time.
ORDINANCE N0. 15.39
An Ordinance repealing Ordinance
No. G-47.1 entitled: "An Ordinance es-
tablishing agrade on Cox Street from
the North property line of West Four-
teenth Street to the South curb line of
West Seventeenth Street," and enacting
a substitute in lieu thereof:
Be it Ordained by the City Council
of the City of Dubuque:
Special Session, May lb, 1939
141
Paragraph 790, Section 1
That Ordinance G•421 entitled: "An
Ordinance establishing a grade on Cox
Street from the North property line of
West Fourteenth Street to the South curb
line of West Seventeenth Street," be, and
the same is hereby repealed.
Paragraph 791, Section 2
That a grade on Cox Street from the
North property line of West Fourteenth
Street to the South curb line of West
Seventeenth Street, be, and the same is
hereby established and adopted as shown
by the profile of said street and grade
prepared by the City Engineer, being
Profile No. 1293. B. M. on Southwest
corner rail base, stairway to Loras Col•
loge boiler room, elevation 197.96. Said
grade begins at the North property line
of West Fourteenth Street, which is Sta•
tion 0, East curb elevation 196.8, West
curb elevation 197.99; thence to station
1 plus 00, East and West curb eleva•
tion 198.3; thence to station 4 plus 92,
East and West curb elevation 206.9;
thence to station 5 plus 17, East and
West curb elevation 207.27; thence to
station 5 plus q2, East and West curb
elevation 207.42; thence to station 5 plus
67, East and West Curb elevation 207.26;
thence to station 5 plus 92, East and West
curb elevation 206.88; thence to station
6 plus 17, East and West curb elevation
206.24' thence to station 6 plus 42, East
and West curb elevation 205.45; thence
to station 6 plus 67, East and West curb
elevation 204.24; thence to station 6 plus
92. East and West curb elevation 202.88;
thence to station 7 plus 17, East and
West curb elevation 201.26; thence to
station 7 plus 42, East and West curb
elevation 199.4; thence to station 7 plus
67, East and West curb elevation 197.27;
thence to station 7 plus 92, East and West
curb elevation 194.9; thence to station 9
plus 01.6; South curb line of West Sev-
enteenth Street, East and West curb eIe-
vation 184.0,
Paragraph 792, Section 3
This Ordinance shall be in force and
effect ten (10) days from and after its
final message and adoption by the City
Council and publication as provided by
law.
Passed upon first and second readings
May 1st, 1939, Passed, adopted and ap•
proved May 16th, 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 on the 18th day of
May, 1939,
J. J. SHEA, City Clerk.
5.18-]t
Councilman Thompson moved the
adoption of the ordinance. Seconded by
Councilman Wharton. Carried by the
following vote: Yeas-Mayor Murphy,
Councilmen Clark, Thompson, Van Duel•
man, Wharton. Nays-None.
Ordinance No. 16.39. An Ordinance
amending an Ordinance entitled: "Ordi-
nance No. 9, An Ordinance defining the
duties and powers of the "recorder", by
striking from the title of said ordinance
the word "recorder", and inserting in lieu
thereof "city clerk"; and by striking from
line 4~ of Paragraph 43, Section 5 of
said ordinance, the word "recorder", and
inserting in lieu thereof the words "city
clerk", said ordinance having been passed
upon first and second readings on May
1st, 1939, presented and read a third
time.
ORDINANCE N0. 16-39 ---
An Ordinance amending an ordinance
entitled: "Ordinance No. 9. An Ordi•
Hance defining the duties and powers of
the recorder", by striking from the title
of said ordinance the word "recorder",
and inserting in lieu thereof "city clerk";
and by striking from line 4 of Paragraph
43. Section 5 of said ordinance, the word
"recorder", and inserting in Lieu thereof
the words "city clerk".
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF
DUBUQUE:
Paragraph 793 Section 1
That the title of an ordinance of the
City of Dubuque, eneitled: "Ordinance
No. 9. An ordinance defining the duties
and powers of the recorder", be, and the
same is hereby amended by striking from
the title of said ordinance the word "re•
corder" and inserting in lieu thereof the
words "city clerk".
Paragraph 794 Section 2
That Paragraph 43, Section 5 of an
Ordinance of the City of Dubuque, en-
titled: "Ordinance No. 9. An Ordinance
defining the duties and powers of the
recorder", be, and the same is hereby
amended by striking from line 4 of said
paragraph 43, Section 5 of said Ordi•
Hance, the word "recorder" and inserting
in lieu thereof the words "city clerk".
Paragraph 795 Section 3
This Ordinance shall be in force and
effect ten (10) days from and after its
final passage, adoption and approval by
the City Council, and publication as pro-
vided by lacv.
Passed upon first and second readings
this 1st day of May, 1939.
Passed, adopted and approved upon
final reading this 16th day of May, 1939.
GEO. R. MURPHY, Mayor.
FRANK VAN DUELMAN,
ALBERT WHARTON,
CARL A, CLARK,
F. W. THOMPSON,
Councilmen.
Attest: J. J. SHEA, City Clerk.
142 Special Session, May 16, 1939
Published officially in The Telegraph-
Herald newspaper on the 18th day of
May, 1939.
J. J. SHEA, City Clerk.
5.18-] t.
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. 17.39. An Ordinance
amending an Ordinance entitled; "Ordi-
nance No. 82. An Ordinance prescrib-
ing the manner of keeping the official
record of the proceedings of the Coun-
cil and providing for the publication of
the same", by striking from Paragraph
632, Section 1; Paragraph 633, Section 2;
Paragraph 634, Section 3; Paragraph
635, Section 4, the word "recorder" wher-
ever the same may appear in said para•
graphs and sections, and inserting in
lieu thereof the words "city clerk", said
ordinance having been passed upon first
and second readings on May 1st, 1939,
presented and read a third time.
ORDINANCE N0. 17.39.
An Ordinance amending an Ordinance
entitled: "Ordinance No, 82. An Ordi-
nance prescribing the manner of keeping
the official record of the proceedings of
the Council and providing for the pub-
lication of the same," by striking from
Paragraph 632, Section 1; Paragraph
633, Section 2; Paragraph 634, Section
3; Paragraph 635, Section 4, the word
"recorder" wherever the same may appear
in said paragraphs and sections, and in-
serting in lieu thereof the wards "city
clerk".
Be It Ordained by the City Council
of the City of Dubuque.
Paragraph 796, Section 1
That an Ordinance entitled: "Ordi-
nance No. 82. An Ordinance prescrib-
ing the manner of keeping the official
record of the proceedings of the Council
and providing for the publication of the
same," be, and the same is hereby
amended as follows:
1-By striking from line 3 of Para•
graph 632, Section 1, of said Ordinance,
the ward "recorder", and inserting in
lieu thereof the words "city clerk".
2-By striking from line 1 of Para-
graph 633, Section 2, of said Ordinance
the word "recorder" and inserting in
lieu thereof the words "city clerk".
3-By striking from line 2 and line
l5 of Paragraph 634, Section 3, of said
Ordinance the word "recorder" and in-
serting in lieu thereof the words "city
clerk".
4-By striking from line 2 and line 8
of Paragraph 635, Section 4, of said Or-
dinance the word "recorder" and insert•
ing in lieu thereof the words "city clerk".
Paragraph 797, Section 2
This Ordinance shall be in force and
effect ten (10) days from and after its
final passage, adoption and approval by
the City Council and publication as pro•
vided by law,
Passed upon first and second readings
this 1st day of May, 1939.
Passed, adopted and approved upon
final reading this 16th day of May, 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 on the ISth day of
May, 1939,
J, J. SHEA, City Clerk,
5.18-1t.
Councilman Clark moved the adoption
of the ordinance. Seconded by Council-
man Van Duelman. Carried by the fol-
lowing vote: Yeas-Mayor Murphy,
Councilmen Clark, Thompson, Van Duel•
man, Wharton, Nays-None.
Ordinance No, 18.39, An Ordinance
amending an Ordinance entitled: "Ordi•
Hance No. 80. An Ordinance fixing and
defining the fiscal year for the City to
provide for the making of an annual
appropriation of funds to be expended
during the ensuing year", by striking
from Paragraph 628, Section 1; Para-
graph 629, Section 2; Paragraph 630,
Section 3 of said ordinance the word
"March", wherever the same may appear
and inserting in lieu thereof "April";
and the word "February" wherever the
same may appear, and inserting in lieu
thereof the word "March"; and striking
the word "April" wherever the acme may
appear and inserting in lieu thereof
"May", and by striking the ward "re•
corder" wherever the same may appear
and inserting in lieu thereof the wards
"city clerk", said ordinance having been
passed upon first and second readings on
May 1st, 1939, presented and read a third
time. ORDINANCE N0. 18.39. ` '1
An Ordinance amending an Ordinance
entitled: "Ordinance No. 80. An Ordi-
nance fixing and defining the fiscal year
for the city to provide for the making of
an annual appropriation of funds to be
expended during the ensuing year," by
,striking from Paragraph 628, Section 1;
Paragraph 629, Section 2; Paragraph
630, Section 3, of said Ordinance the
word "March" wherever the same may
appear and inserting in lieu thereof
"April"; and the word "February" wher-
ever the same may appear, and insert•
ing in lieu thereof the word "March";
Special Session, IyIay 16, 1939 143
and striking the word "April" wherever
the same may appear and inserting in
lieu thereof "May", and by striking the
word "recorder" wherever the same may
appear and inserting in lieu thereof the
words "city clerk",
Be It Ordained by the City Council of
the City of Dubuque.
Paragraph 798, SeMion 1
That an Ordinance entitled; "Ordi•
nonce No, 80. An Ordinance fiaing and
defining the fiscal year for the City to
provide for the making of an annual
publication of funds to be expended dur•
ing the ensuing year," be, and the same
is hereby amended as follows:
1-By striking from line 2 and line 5
of Paragraph 628, Section 1, of said
Ordinance the word "March" and in-
serting in lieu thereof the word "April";
and by striking from line 7 of said Para-
graph 628, Section 1, of said Ordinance,
the word "February" and inserting in
lieu thereof the word "March".
2-By striking from line 5 of Para•
graph 629, Section 2, of said Ordinance,
the word "recorder" and inserting in lieu
thereof the words "city clerk"; and by
striking from line 6 of Paragraph 629,
Section 2, of said Ordinance, the word
"April" and inserting in lieu thereof the
word "May"; and by striking from line 7
and line 9 in said Paragraph 629, Sec•
lion 2, of said Ordinance, the word
"March" and inserting in lieu thereof the
word "April",
3-By striking from line 2 of Para•
graph 630, Section 3, of said Ordinance,
the word "March" and inserting in lieu
thereof the word "April".
Paragraph 799, Section 2
This Ordinance shall be in force and
effect ten (10) days from and after its
final passage, adoption and approval by
the City Council and publication as pro-
vided by law.
Passed upon first and second readings
this 1st day of May, 1939.
Passed, adopted and approved upon
final reading this 16th day of May, 1939.
GEO. R. MURPHY, Mayor.
FRANK VAN DUELMAN,
ALBERT WHARTON,
CARL A. CLARK,
F. W. THOMPSON,
Councilmen,
Arrest: J. J. SHEA,
City Clerk.
Published officially in The Telegraph-
Hearrld newspaper on the 18th day of
May, 1939,
J. J. SHEA, City Clerk.
5.18-It.
Councilman Clark moved the adoption
of the ordinance, Seconded by Council-
man Thompson. Carried by the follow-
ing vote: Yeas-Mayor Murphy, Coun•
cilmen Clark, Thompson, Van Duelman,
Wharton. Nays-None.
Ordinance No, 19.39. An Ordinance
amending an Ordinance entitled: "Ordi-
nance No. 81. An Ordinance providing
for the execution of contracts by the
City", by striking from Paragraph 631,
Section 1 of said Ordinance the word
"recorder" and inserting in lieu thereof
the words "city clerk", said ordinance
having been passed upon first and second
readings on May 1st, 1939, presented and
read a third time.
ORDINANCE N0. 19.39 j
An Ordinance amending an Ordinance
entitled: "Ordinance No. 81. An Ordi-
Hance providing for the execution of
contracts by the City," by striking from
Paragraph 631, Section 1, of said Ordi•
Hance, the ward "recorder" and insert•
ing in lieu thereof the wards "city clerk",
Be it Ordained by the City Council
of the City of Dubuque;
Paragraph 800, Section 1
That an Ordinance entitled: "Ordi•
Hance No. 81. An Ordinance providing
for the execution of contracts by the
City," be, and the same is hereby amend-
ed by striking from line 5 of said Para-
graph 631, Section 1, of said Ordinance,
the word "recorder" and inserting in
lieu thereof the words "city clerk".
Paragraph 801, Section 2
This Ordinance shall be in force and
effect ten (10) days from and after its
final passage, adoption and approval by
the City Council and publication as pro•
vided by law.
Passed upon first and second readings
this 1st day of May, 1939,
Passed, adopted and approved upon
final reading this 16th day of May, 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 on the 18th day of
May, 1939,
J. J, SHEA, City Clerk,
5.18-1t.
Councilman Thompson moved the
adoption of the ordinance. Seconded by
Councilman Wharton. Carried by the
following vote: Yeas-Mayor Murphy,
Councilmen Clark, Thompson, Van Duel-
man, Wharton. Nays-None,
Ordinance No. 20.39, An Ordinance
amending an Ordinance entitled; "Ordi•
Hance No, 79, An Ordinance establish•
s
144 Special Session, May 16, 1939
ing the City Seal", by striking from
Paragraph 627, Section 2 of said Ordi•
nonce No. 79, wherever the same may
appear, the word "recorder" and insert-
ing in lieu thereof, the words "City
Clerk",said ordinance having been passed
upon first and second readings on May
1st, 1939, presented and read a third
time.
ORDINANCE NO. 20.39.
An Ordinance amending an Ordinance
entitled: "Ordinance No. 79. An Ordi-
nance establishing the City seal", by
striking from Paragraph 627, Section 2
of said Ordinance No. 79, wherever the
same may appear, the word "recorder"
and inserting in lieu thereof, the wards
"City Clerk".
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF
DUBUQUfi:
Paragraph 802, Section 1
That an Ordinance entitled: "Ordi-
nance No. 79. An Ordinance establish-
ing the City Seal", being Ordinance No.
79 of the Revised Ordinances of the
City of Dubuque of 1919, be, and the
same is hereby amended by striking the
word "recorder" in line 2 and line 5 and
line 6 and line 9 of Paragraph 627, Sec•
[ion 2 of said Ordinance No. 79, and in•
serting in lieu thereof in each of said
lines the words "city clerk".
Paragraph 803, Section 2
This Ordinance shall be in force and
effect ten (10) days from and after its
final passage, adoption and approval by
the City Council and publication as pro-
vided by law.
Passed upon first and second readings
this 1st day of May, 1939.
Passed, adopted and approved upon
final reading this 16th day of May, 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 on the 18th day of
May, 1939.
J. J. SHEA, City Clerk.
5.18-1t.
Councilman Clark moved the adoption
of the ordinance. Seconded by Council-
man Thompson. Carried by the follow-
ing vote; Yeas-Mayor Murphy, Coun-
cilmen Clark, Thompson, Van Duelman,
Wharton. Nays-None.
Ordinance No. 21.39. An Ordinance
repealing Paragraph 638, Section 3, of
an Ordinance entitled: "Ordinance No.
83. An Ordinance relating to the per-
sonal property of the City", said ordi•
nonce being Ordinance No. 83 of the
Revised Ordinances of the City of Du•
buque of 1919, said ordinance having
been passed upon first and second read-
ings on May 1st, 1939, presented and
read a third time.
ORDINANCE NO. 21.39 _~
An Ordinance repealing Paragraph
638, Section 3, of an Ordinance entitled:
"Ordinance No. 83. An Ordinance relat•
ing to the personal property of the City",
said ordinance being Ordinance No. 83
of the Revised Ordinances of the City
of Dubuque of 1919.
BE IT ORDAINED BY THE CI~'Y
COUNCIL OF THE CITY OF
DUBUQUE:
Paragraph 804, Section 1
That Paragraph 638 $ection 3 of an
Ordinance entitled: "Ordinance No. 83.
An Ordinance relating to the personal
property of the City", be, and the same
is hereby repealed.
Paragraph 805, Section 2
This Ordinance shall be in force and
effect ten (10) days from and after its
final passage and adoption and approval
by the City Council and publication as
provided by law.
Passed upon first and second readings
this 1st day of May, 1939.
Passed, adopted and approved upon j
final reading this 16th day of May, 1939, r
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 on the 18th day of
May, 1939.
J. J. SHEA, City Clerk.
5.18-1t.
Councilman Clark moved the adoption
of the ordinance. Seconded by Council•
man Thompson. Carried by the follow-
ing vote; Yeas-Mayor Murphy, Coun•
cilmen Clark, Thompson, Van Duelman,
Wharton. Nays-None.
Special Session, May 16, 1939
May 16, 1939.
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen;
At the City Council meeting of May
1, 1939, the Perfection Oil Company re•
quested permission to exec[ curb pumps
at their property located at the intersec-
tion of Rhomberg and Lincoln Avenue.
This request was referred to the City
Council to view the grounds.
On May 4, 1939, the Council viewed
the premises and decided against the
proposition. I, therefore, recommend
that the action of the City Council in
denying the petition be confirmed.
Respectfully submitted,
A. A. RHOMBERG,
City Manager.
Councilman Van Duelman moved that
the decision of the City Council be con•
firmed and the recommendation of City
Manager Rhomberg approved. Seconded
by Councilman Clark. Carried by the
following vote: Yeas-Mayor Murphy,
Councilmen Clark, Thompson, Van Duel-
man, Wharton. Nays-None.
May 16, 1939.
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen:
At the session of the City Council held
May 1, 1939, the petition of Clem J.
Smith requesting permission to redeem
the tax sale certificate against Lot 14 in
Yates Subdivision upon the payment of
the principal without penalties and with
lower interest charges was referred to the
City Manager for investigation and re-
port.
I find that a tax sale certificate against
this property was purchased by the city
on December 1, 1930, for $26.17. Since
then a penalty of 8% and interest at
8% have accumulated. In order to clear
the matter, I recommend that the city
surrender the tax sale certificate upon the
payment of the principal amount plus
5% simple interest.
Respectfully submitted,
A. A. RHOMBERG,
City Manager.
Councilman Van Duelman moved that
the recommendation of City Manager
Rhomberg be approved and the City
Treasurer to be instructed accordingly.
Seconded by Councilman Wharton. Car•
ried by the following vote: Yeas-Mayor
Murphy, Councilmen Clark, Thompson,
Van Duelman, Wharton. Nays-None.
145
May 16, 1934.
To the Honorabye Mayor
and City Council,
Dubuque, Iowa.
Gentlemen:
The terms of Monsignor J. M. Wolfe
and Wm, Avery Smith as members of
the Planning and Zoning Commission ex•
pire on May 24, 1939. It is therefore
necessary that the City Council make ap•
pointments to this Commission for a
five-year period to expire on May 24,
1944.
Respectfully submitted,
A. A. RHOMBERG,
City Manager.
Councilman Clark moved that Mon-
signor J. M. Wolfe and Wm. Avery
Smith be reappointed as members of the
Planning and Zoning Commission for a
five year period, said terms to expire on
May 24th, 1944. Seconded by Council
man Van Duelman. Carried by the'follow-
ing vote: Yeas-Mayor Murphy, Coun•
cilmen Clark, Thompson, Van Duelman,
Wharton. Nays-None.
May 16, 1939.
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen:
This is to advise that I have approved
the following policy and bands and de-
sire co have your approval on same for
filing:
TAXICAB
Black & White' Cab Co.,, 876 Locust St.
Policy No. 33141, Hawkeye Casualty
Co.
EXCAVATION
W. J. Jordan, 1748 Audubon St.
Massachusetts Bond & Ins. Co.
George I. Beaves, 2531 Windsor Ave.
Western Surety Co.
F. J. Rellihan, 1715 Central Ave.
Central Surety & Ins. Corp.
Respectfully submitted,
A. A. RHOMBERG,
City Manager.
Councilman Thompson moved that the
bonds and policies be approved and
placed on file. Seconded by Councilman
Clark. Carried by the following vote:
Yeas -Mayor Murphy, Coutcilmen
Clark, Thompson, Van Duelman, Whar•
ton. Nays-None.
146 Special Session, May 16, 1939
May 15, 1939.
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen;
I herewith submit the reports of the
City Auditor, City Treasurer, City Health
Department, and City Water Department
for the month of April, 1939, also a
list of claims and list of payrolls for
which warrants were drawn during the
month of April, 1939.
Respectfully submitted,
A. A. RHOMBERG,
City Manager.
Councilman Clark moved that the re•
ports be received and placed on file.
Seconded by Councilman Thompson.
Carried by the fo]lowing vote: Yeas-
Mayor Murphy, Councilmen Clark,
Thompson, Van Duelman, Wharton.
Nays-None,
Resolution No, 77-39
WHEREAS, applications for Class
"B" Beer Permits have been submitted to
this Council for approval and the same
have been examined; NOW, THERE•
FORE,
BE IT RESOLVED by the Council of
the City of Dubuque that the following
applications be and the same axe hereby
approved and it is ordered that the prem•
ises to be occupied by such applicants
shall be forthwith inspected.
Class "B" Permit
Name Address
W. F. Trimpler (Transfer of ad•
dress from 210 W. 5th
2400 Central Ave.
Mrs. Margaret O'Brien (Trans-
fer of address from 212 W.
1st) _________________338 Main St.
Passed, adopted and approved this 16th
day of May, 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•
lion of the resolution. Seconded by Coun•
cilman Van Duelman. Carried by the
following vote: Yeas-Mayor Murphy,
Councilmen Clark, Thompson, Van Duel-
man, Wharton. Nays-None.
May 5, 1939.
Honorable Mayor and City Council,
Dubuque, Iowa.
RE: Margaret Lavery vs. City of Dubuque
Gentlemen:
Prior to my assumption to the office
of City Solicitor and in September, 1937,
I acted as attorney Eor the plaintiff,
Margaret Lavery, in the above entitled
action against the City of Dubuque,
which is now pending before the Dis•
trict Court of Dubuque County, Iowa.
I have since my appointment as City
Solicitor, withdrawn my appearance as
attorney in this action, and the fact that
I did represent this plaintiff when the
action was instituted, disqualifies me from
now acting as attorney for the City in
the defense of said suit.
The action is one brought for dam•
ages for personal injuries sustained by
the plaintiff on March 18, 1937, in fall-
ing upon a sidewalk on the Easterly side
of Wilson Avenue at the alley intersec•
lion just North of Eighth Avenue,
In view of my disqualification and in•
ability to act for the City in this case, I
would recommend that the matter be xe•
ferred to the City Manager for investiga•
lion and report as to the advisability of
employing special counsel to act in this
case.
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, Council•
men Clark, Thompson, Van, Duelman,
Wharton. Nays-None.
May 16, 1939.
Honorable Mayor and City Council,
Dubuque,. Iowa.
CLAIM OF JOSEPH E. MAHER
Gentlemen:
There has been referred to me for in•
vestigation and report claim of Joseph
E. Maher, claiming damages for in•
juries sustained by him on the 23rd day
of January, 1939, by reason of his fall-
ing upon an icy sidewalk on the West
side of Mt. Pleasant Avenue, in front
of 1421 Mt. Pleasant Ave., in the City
of Dubuque,
I find upon investigation that com•
munication was had with the City Clerk
of the City of Dubuque 'by Mr. Maher
relative to this accident, and he de•
scribed the circumstances under which
his injuries occurred, and gave the time
and place, but did not specify any
Special Session, I•day 16, 1939
147
amount for which he claimed damages,
Mr. Maher later contacted me person-
ally and I made investigation of this
matter and in view of the fact that the
communication originally filed by Mr,
Maher did not set out the amount
claimed his communication was referred
by your honorable body to myself and
the City Manager. After checking up
with authorities relative to the claim, I
am of the opinion that the communica•
tion forwarded the City Clerk on the
25th day of January, 1939, did consti•
tote a claim and under the circumstances
his latex communication of April 22,
1939, stating the amount thereof should
not be rejected because of not having
been filed within the statutory period.
I further report that I have made an
investigation of the facts and circum•
stances surrounding this claim and beg
to report that at the time and place in
question there was a defect in this side-
walk at the place where the accident hap•
pened, which was caused by the water
which came upon the sidewalk from an
adjoining terrace to accumulate and
Ereeze, and the ice thereon formed was
in a rough and uneven condition and
that the cause of the accident was due
to Mr. Maher's slipping upon this ice and
falling and sustaining injuries.
I have effected compromise and settle-
ment with him of his claim and herewith
respectfully recommend that upon the
execution by him of a receipt and release
herewith enclosed, that a warrant be
drawn payable to Joseph E. Maher, in
the sum of $45.50.
Respectfully submitted,
AL. J. NELSON,
City Solicitor.
Councilman Van Duelman moved that
the recommendation of City Solicitor
Nelson be approved and that a warranty
in the amount in the amount of $45.50
be ordered drawn in favor of Joseph E.
Maher as settlement in full of his per•
sonal injury claim caused in falling upon
an icy sidewalk on the West side of Mt.
Pleasant Avenue in front of 1421 Mt.
Pleasant Avenue. Said warrant to be de•
livered upon the execution of a receipt
and release by the claimant Joseph E,
Maher. Seconded by Councilman Thomp•
son. Carried by the following vote: Yeas
-Mayor Murphy, Councilmen Clark,
Thompson, Van Duelman, Wharton.
Nays-None.
There being no further business, Coun•
cilman Clark moved to adjourn. Sec•
onded by Councilman Van Duelman.
Carried by the following vote: Yeas-
Mayor Murphy, Councilmen Clark,
Thompson, Van Duelman, Wharton.
Nays-None.
J. J. SHEA, City Clerk.
Approved---------------
Adopted _________________
Councilmen: ___________
Attest: _________
_1939.
1939.
City Clerk,
148 Special Session, I•/Iay 22, 1939
City Council
(Official)
Special Session, May 22nd, 1939
Council met at 5;30 P. M.
Present-Mayor Murphy, Councilmen
Clark, Thompson, Van Duelman, Whar-
ton, City Manager Rhomberg. Meeting
called by order of Councilmen Clark
and Wharton.
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 bids sub-
mitted for the furnishing and deliver-
ing of one gasoline engine and motor
driven deep well pump unit, also for
the construction of a cast iron water
main from new well No. 7 to connection
with existing mains, and also for the con-
struction of a well house, and acting on
any other business as may properly come
before a regular meeting of the City
Council.
Communication of Mrs. Adeline Kluse-
man, Chairman of Parade Committee, ex-
tending invitation to the Honorable
Mayor and members of the City Coun-
cil to take part in the Memorial Day
Parade, presented and read. Council-
man Van Duelman moved chat the invi-
tation be accepted. Seconded by Coun-
cilman Wharton. Carried by the fol-
lowing note: Yeas-Mayor Murphy,
Councilmen Clark, Thompson, Van Duel-
man, Wharton. Nays-None.
Proof of publication, certified to by
the publishers, of the notice to pump
manufacturers of the receipt of bids for
the furnishing and delivering of one gas-
oline engine and electric motor driven
deep well pump unit, presented and read.
Councilman Van Duelman moved that
the proof of publication be received and
filed. Seconded by Councilman Thomp-
son. Carried by the following vote: Yeas
-Mayor Murphy, Councilmen Clark,
Thompson, Van Duelman, Wharton.
Nays-None.
May 22, 1939.
To the Honorable Mayor
and City Conucil,
Dubuque, Iowa.
Gentlemen:
Pursuant to your instructions sealed
bids were received at 10:00 o'clock A. M.
May 22nd, 1939, for the furnishing of a
deep well. turbine pumping unit fox the
newly drilled No. 7 Well. Three bids
were received as outlined on the at-
tached tabulation, The bid of the Stand-
ard Power Equipment Co. is invalid be-
cause awater lubricated pump is offered
and the specifications provide that oil
lubrication must be furnished, leaving
two valid bids.
We recommend that all bids for the
deep well turbine be rejected for the
reason that in our opinion maximum pos-
Bible competition was not obtained due
to issuance of an addendum to the speci-
fications at the request of a number of
prospective bidders as late as last Sat-
urday, May 20th,
We further recommend that bids be
readvextisell fox a deep well turbine
pump, with a one year guarantee on
efficiency and that a separate bidding
item be made of the pump installation.
In our opinion such a setup would in-
vite greater competition and effect great•
er economy.
Respectfully submitted,
WATER DEPARTMENT
CITY OF DUBUQUE
A, A. RHOMBERG,
City Manager.
J. J. HAIL,
Superintendent.
Councilman Clark moved that the rec•
ommendation of City Manager Rhom•
berg and Water Supt. Hail be approved.
Seconded by Councilman Wharton. Car-
ried by the following vote: Yeas-
Mayor Murphy, Councilmen Clark,
Thompson, Van Duelman, Wharton.
Nays-None.
Proof of publication, certified to by the
publishers, of the notice to plumbing
contractors of the receipt of bids for the
construction of a cast iron water main
from new well. No. 7 to connection with
existing mains, presented and read. Coun•
Gilman Thompson moved that the proof
of publication be received and filed. Sec-
onded by Councilman Clark. Carried by
the following vote: Yeas-Mayor Mur•
phy, Councilmen Clark, Thompson, Van
Duelman, Wharton. Nays-None.
May 22, 1939,
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen:
Pursuant to your instructions sealed
bids were received at 10:00 o'clock A. M.
on May 22, 1939, for the installation of
a 16" water supply line from the New
No, 7 well to the existing piping at No.
5 Well. Two bids were received as shown
on the attached tabulation.
We recommend the award of Contract
No. 8 for the above work to the Thomas
Flynn Coal Company for the sum of $4,•
917.72, this bid being the lowest and best
received.
Respectfully submitted,
CITY OF DUBUQUE, IOWA.
WATER DEPARTMENT,
A. A. RHOMBERG,
City Manager,
J. J. HAIL,
Superintendent.
Special Session, 1VIay 22, 1939 149
Councilman Clark moved that the rec•
ommendation of City Manager Rhomberg
and Water Supt. Hail be approved, Sec-
onded by Councilman Van Duelman.
Carried by the following vote: Yeas-
Mayor Murphy, Councilmen Clark,
Thompson, Van Duelman, Wharton.
Nays-None.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA,
that the contract far the installation of
the Supply Main from Well No. 7, as
Contract No, 8, in the amount of
$4,917.72 be awarded to Thos. Flynn
Coal Co, of Dubuque, Iowa.
Resolution No. 78-39
BE IT RESOLVED by the City Council,
of the City of Dubuque, Iowa:
WHEREAS the City of Dubuque, of
the County of Dubuque, and State of
Iowa pursuant to an advertisement for
bids on the installation of the Supply
Main from Well No. 7 to existing pipe
line, heretofore published on the 5th
and 12th day of May, 1939, did on the
22nd day of May, 1939, at ten o'clock
at the City Clerk's office, in the City
Hall, in Dubuque, Iowa, receive bids for
the installation of the Supply Main
from Well No. 7 to existing pipe line,
which said bids were taken under advise•
ment of the City Council.
WHEREAS, the base bid of Thos.
Flynn Coal Company, Dubuque, Iowa,
for the installation of supply main is the
lowest and best bid submitted by any re-
sponsible bidder; on evaluation basis, and
whereas present estimated cost is:
1. Preliminary _____________$ 500.00
2. Land and Right of Way__ .00
3. Construction ___________ 157,617.04
Previous Contracts Awarded
ContractNo. 1 WeII ________$19,977.70
ContractNo.2Reservoir_____ 38,365.00
ContractNo.3PumpingUnit_ 11,275.00
Contract No. 4 Add. to Pump-
ing Station 53,984.16
Contract No. 5 Heating and
Plumbing __.__ ___ ______ 14,897.46
Contract No. 6 Electrical
Work __________________ 1,200.00
Contract Tentatively Awarded
May 22, 1939
Contract No. 8 Supply Main
from Pump House_________$4,917.72
fistitnates on the Contracts to Be
Awarded at Later Date
Estimate No. 7 Deep Well Tur-
bine Pumping Unit $10,000.00
-Estimate No. 9 WeII House__ 3,000.00
4. Engineering $ 8,500.00
5. Legal and Administration_ .00
6. Interest _____ .00
7, Miscellaneous __________ .00
Total Estimate of Con•
struction Casts_ $166,617.04
Funds Available PWA Grant $ 67,500.00
City of Dubuque Funds Dept._102,50o.O11
$170,000.00
PROVIDED, HOWEVER, that this
award shall not be effective until THOS.
FLYNN COAL COMPANY shall have
been notified in writing by the City Man-
ager 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 ordered placed on file
for public inspection for at least one
week on May 22nd, 1939,
Councilman Van Duelman moved that
the resolution be approved and placed on
file for public inspection for at least one
week. Seconded by Councilman Whar•
ton. Carried by the fallowing vote: Yeas
-Mayor Murphy, Councilmen Clark,
Thompson, Van Duelman, Wharton.
Nays-None.
Proof of publication, certified to by the
publishers, of the notice to general con-
tractors of the receipt of bids for the
construction of a well hones, (including
pump piping and building construction
complete,) presented and read. Council-
man Clark moved that the proof of pub-
lication be received and filed. Seconded
by Councilman Thompson. Carried by
the following vote: Yeas-Mayor'Mur-
phy, Councilmen Clark, Thompson, Van
Duelman, Wharton, Nays-None,
May 22, 1939.
To the Honorable Mayor
and City Council,
Dubuque, Iowa,
Gentlemen:
Pursuant to your instructions sealed
bids were received at 10:00 o'clock A. M.,
May 22nd, 1939, for the construction of
a Well House on Lot 503, Ham's Addi-
tion. Two bids were reecived as outlined
on the attached tabulation.
We recommend that all bids for the
above work be rejected for the reason that
in our opinion maximum possible com-
petition was not obtained due to the in-
clusion of the pump installation as a
part of the building construction con-
tract.
We further recommend that bids be
readvertised for the construction of the
well house, and that a separate bidding
item be made of the pump installation,
150 ~ Special Session, May 22, 1939
In our opinion such procedure will pro•
mote greater competition and effect an
economy.
Respectfully submitted,
WATER DEPARTMENT,
CITY OF DUBUQUE, IOWA,
A. A. RHOMBERG,
City Manager.
J. J, HAIL,
Superintendent.
Councilman Clark moved that the rec•
ommendation of City Manager Rhomberg
and Water Supt, Hail be approved. Sec•
onded by Councilman Thompson. Car•
ried by the ,following vote: Yeas-Mayor
Murphy, Councilmen Clark, Thompson,
Van Duelman, Wharton. Nays-None.
Resolution No. 79-39
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 C. W. Varner,
Contractor, covering the work on Docket
No. Iowa-1684•F be changed as is out-
lined on the attached Request for Pro•
posal.
(2) That the proposal of said con•
tractor covering the chat;ge is hereby
approved and accepted.
(3) That the contract price will be
decreased in the sum of TWO HUN•
DRED AND FOUR DOLLARS AND
SIXTY CENTS ($204,60).
(4) That such acceptance of the Con-
tractor's proposal shall become eft~ective
only when a certified copy of this resolu-
tion is sent to the contractor by the Ar-
chitect Engineer of said City of Du•
buque, 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
22nd day of May, 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. 8D-39
BE IT RESOLVED BY THE CITY
COUNCIL 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. Ia: 1684-F be changed as is
outlined on the reverse side in the Re•
quest for Proposal.
(2) That the proposal of said Con•
tractor covering the change is hereby ap-
proved and accepted.
(3) That the contract price will be
increased in the sum of Foux Hundred
Ninety Seven Dollars and twenty-four
cents ($497.24).
(4) That such acceptance of the Con•,
tractor's proposal shall become effective
only when a certified copy of this reso•
lotion 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
22nd day of May, 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. 81-39
WHEREAS, the City Council of Du•
buque, Iowa, has heretofore by resolu•
tion No. 107.38 accepted the offer of
the United States of America through
the Federal Emergency Administration of
Public Works to aid in financing the Con•
struction of Improvements to Water
Works System and Demolition of Old
Building as outlined in Iowa Docket 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
project it has become necessary and ex•
pedient to supplement the funds avail-
able for construction purposes in order
to insure the completion of the Project
Special Session, May 22, 1939
to the satisfaction of the Federal Emerg-
ency Administration of Public Works.
NOW, THEREFORE, BE IT RE•
SOLVED by the City Council of the City
of Dubuque, Iowa, that there be and
there is hereby appropriated the sum of
$7,500.00 from the Water Works 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 be and he is hereby
directed to deposit in the First National
Bank of Dubuque, Iowa, to the credit of
the "Construction Account, Improve•
menu to the Water Works System, Dack•
et Iowa 1684-F" the sum of $7,500.00 the
same to be segregated from all other
funds and to be used for no other pur•
pose whatsoever.
Passed, adopted and approved this
22nd day of May, 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 Clark. Carried by the fol•
lowing vote: Yeas-Mayor Murphy,
Councilmen Clark, Thompson, Van Duel•
man, Wharton. Nays-None.
Resolution No. 82-39
Resolution and application for author-
ity to transfer the sum of $602.08 from
the Library Fund to the Library Build•
ing Fund of the City of Dubuque.
WHEREAS, in June, 1937, the Board
of Trustees of the Carnegie•Stout Public
Library, entered into contracts with the
J. J. Nagle Estate and Louis Lagen et
al, for the purchase of the following
described real estate: North 17.2' of Lot
658 and South 16.2' of East t/s of Lot
659 and South Middle 32' of Lot 658
in town (now city) of Dubuque, Iowa,
for the total price of $16,000.00, said
real estate to be used for the purpose of
enlarging library grounds and premises
owned by the City of Dubuque: and
WHEREAS, pursuant thereto, the City
Council, in July, 1937, caused to be lev
ied a tax in the amount of $16,144.00
for the Library Building Fund, said tax
to be collected in the year 1938; and
WHEREAS, up to May 22, 1939, there
has been collected from taxes for the Li•
brary Building Fund the sum of $15,•
397.92; and that out of this amount there
has been paid upon the Nagle contract
the full price of $10,500.00; that no part
151
of the Lagen contract of $5,500.00 has
been paid, although payment was due
February 1, 1939; that there exists a
balance in the Library Building Fund at
this time of $4,897.92, which is $602.08
less than the amount needed to pay the
Lagen contract; and
WHEREAS, theer is now.in the hands
of the City Treasurer and credited to the
Library Fund the sum of $4,752,19;
NOW, THEREFORE,
BE IT RESOLVED by the City Coun-
cil of the City of Dubuque, that subject
to the approval of the State Comptroller,
there be and there is hereby transferred
from the Library Fund of the City of
Dubuque to the Library Building Fund
of said City, the sum of $602.08, which
is now in the hands of the City Treas•
urer, and the State Comptroller is hereby
petitioned to authorize such transfer.
BE IT FURTHER RESOLVED that
the collections of delinquent taxes accru-
ing in the Library Building Fund during
the balance of the fiscal year ending
March 31, 1940, be returned to the Li•
brary Fund in payment of the above
transfer.
BE IT FURTHER RESOLVED that
when such approval has been received
from said State Comptroller that the
Auditor and Treasurer adjust their books
accordingly.
PASSED, ADOPTED AND AP-
PROVED this 22nd day of May, 1939.
GEO. R. MURPHY, Mayor.
FRANK VAN DUELMAN,
ALBERT WHARTON,
CARL A. CLARK,
F. W. THOMPSON,
Councilmen.
Accent: J. J. SHEA,
City Clerk.
Councilman Wharton moved the adop-
tion 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. 83-39
WHEREAS, heretofore application was
filed by the within named applicant for
Class "B" Beer Permit and has received
the approval of this Council; and
WHEREAS, the premises to be occu-
pied by him have been inspected and
found to comply with the ordinances of
this City and he has filed a proper bond:
NOW, THEREFORE,
BE IT RESOLVED by the Council of
the City of Dubuque that the Manager
be and he is hereby directed to issue to
the following named person a Beer Per•
mit.
152 Special Session, May 22, 1939
Class "B" Permit
NAME ADDRESS
W. F. Trimpler (Transfer of
address from 210 W. 5th)
2400 Central Ave.
BE IT FURTHER RESOLVED that
the bond filed by such applicant be and
the same is hereby approved.
Passed, 'adopted and approved this
22nd day of May, 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, Councilmen
Clark, Thompson, Van Duelman; Whar•
ton. Nays-None.
Resolution No. 84-39
BE IT RESOLVED by the City Coun-
cil of the City of Dubuque, Iowa.
WHEREAS the total project costs on
PWA Docket Iowa 1684•F for Improve•
ments to Waterworks System and Demoli-
tion of Old Building are now estimated
to exceed the original estimated project
cost of $150,000.00, as indicated below
in a present estimate of cost:
1. Preliminary ____ ___ ___$ 500.00
2. Land and Right of Way__ .00
3. Construction ____ _- ___ 157,617.04
Previous Contracts Awarded
Contract No. 1 Well __ _____ $19,977.70
Contract No. 2 Reservoir _ 38,365.00
Contract No. 3 Pumping Unit_ 11,275.00
Contract No. 4 Addition to
Pumping Station _________ 53,984.16
Contract No. 5 Heating and
Plumbing __ _ _-- ___--- 14,897.46
Contract No. 6 Electrical Woi•k 1,200.00
Contract Tentatively Awarded
May 22, 1939
Contract No. 8 Supply Main
from Pump House_________$4,917.72
Estimates on the Contracts to Be
Awarded at Later Date
Estimate No. 7-Deep Well Tur•
zine Pumping Unit $10,000.00
Estimate No. 9-Well House__ 3,000.00
4. Engineering ____________$ 8,500.00
5. Legal and Administration _ .00
6. Interest _______________ .00
7. Miscellaneous __________ .00
Total Present 8stimate
of Peoject Cost__________$166,617.04
AND, WHEREAS, the Grant hereto•
fore alloted to the City of Dubuque on
PWA Docket Iowa 1684•F was in the
sum of $67,500.00 as given in Grant Of•
fex of Sept. 23, 1938.
AND, WHEREAS it now appears that
45% of Project Costs will amount to
$74,977.66.
NOW, THEREFORE BE IT RE•
SOLVED That the Federal Emergency
Administration of Public Works be re•
quested to increase its Grant on PWA
Docket Iowa 1684•F from $67,500.00 to
$74,900.00.
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.
Passed and adopted this 22nd day of
May, 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.
Ordinance No. 22.39. An Ordinance
amending an Ordinance entitled: "Ordi•
nonce No. 27 of the Revised Ordinances
of 1919. An Ordinance accepting the
grant of certain lands and real estate by
the State of Iowa to the City of Du•
buque, and dedicating the same as a
public park for the ues and benefit of
said city, and the inhabitants thereof for-
ever", by striking certain parts of the
title of said Ordinance and by repeal-
ing Paragraph 119, section 2, and Para•
graph 120, Section 3, of said Ordinance,
presented and read. Councilman Van
Duelman moved that the reading just
had be considered the first reading of
the ordinance. Seconded by Councilman
Wharton. Carried by the fallowing 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•
nonce was then read a second time. Coun•
Gilman Van Duelman moved that the
Special Session, May 22, 1939
reading just had be considered the sec•
and 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.
May 22, 1939.
Honorable Mayor and City Council,
Dubuque, Iowa.
RE: Agreements between City of Du-
buque and Chicago, Milwaukee, St.
Paul and Pacific R.R. Company
Gentlemen:
On May 1, 1939, there was referred
to me for investigation and report, pro-
posed agreement between the City of Du-
buque and the Chicago, Milwaukee, St.
Paul and Pacific Railroad Company, un-
der the terms of which the City of Du•
buque is granted a license and permis-
sion to construct and maintain a sewer
under the right of way and tracks of the
railroad company adjacent to properties
used in connection with the operation of
Dubuque Water Works System.
On May 16, 1939, there was referred
to me for investigation and report a fur-
ther agreement between the City of Du-
buque and the Chicago, Milwaukee, St.
Paul and Pacific R.R. Company, under
the terms of which the City of Dubuque
is granted a license to install and main•
rain an underground electrical supply
line under the right of way and railroad
tracks of the railroad company in the
same vicinity.
I beg to advise that I have examined
both of said agreements and find them
in due form according to law, and I,
therefore, recommend that the Mayor and
City Clerk be authorized and directed to
execute both of said agreements on be•
half of the city.
Respectfully submitted,
AL J. NELSON,
City Solicitor.
Councilman Clark moved that the rec-
ommendation of City Solicitor Nelson
be approved and that the Mayor and
City Clerk be authorized and directed
to execute both of said agreements and
that warrants in the amount of $1.00
each be ordered drawn in favor of the
Chicago, Milwaukee, St. Pau( and Pacific
Railroad Company to cover the consid-
eration mentioned in the agreements.
Seconded by Councilman Thompson.
Carried by the following vote: Yeas-
Mayor Murphy, Councilmen Clark,
Thompson, Van Duelman, Wharton.
Nays-None.
153
May 20, 1939.
Honorable Mayor and City Council,
Dubuque, Iowa.
RE: CLAIM OF DANIEL HAAS (by
his mother and next friend DORO•
THY HAAS)
Gentlemen:
There has been referred to me for
investigation and report by your honor-
able body, the claim of Daniel Haas, by
his mother and next friend, Dorothy
Haas, filed April 20, 1939, in the sum
of $99.00, for personal injuries alleged
to have been sustained by the said Daniel
Haas, minor, by reason of his being
thrown from a bicycle upon which he
was riding on West Locust Street, about
one block East from Seminary Street,
said injuries alleged to have been sus•
tamed by reason of said bicycle running
into a hole on said street, and alleged to
have been due to the negligence of the
City of Dubuque, and the defective con-
dition of the street.
I have completed investigation of this
claim and find that at the time and place
in question there was a defect in West
Locust Street at the place of this accident,
and that said injuries were sustained as
alleged in said claim.
The defective condition in this street
in my opinion constitutes a culpable de•
fect for which the City was liable, and
I beg to advise that I have effected com•
promise and settlement of this claim for
the sum of $87.00, and respectfully rec-
ommend that claim be allowed in that
amount, and that upon the execution of
receipt and release by her, a warrant be
drawn, payable to Dorothy Haas, mother
and next friend of Daniel Haas, in the
sum of $87.00 in full settlement of said
claim.
I am returning the claim herewith.
Respectfully submitted,
AL. J. NELSON,
City Solicitor.
Councilman Van Duelman moved that
the recommendation of City Solicitor
Nelson be approved and a warrant in
the amount of $87.00 ordered drawn in
favor of Dorothy Haas, mother and
next friend of Daniel Haas, as settlement
in full of the claim of Daniel Haas
caused in striking a hole in the street on
West Locust street about one block East
from Seminary Street, while riding a
bicycle, said warrant to be delivered upon
the execution of receipt and release by
the said Dorothy Haas. Seconded by
Councilman Clark. Carried by the fol•
lowing vote: Yeas-Mayor Murphy,
Councilmen Clark, Thompson, Van Duel•
man, Wharton. Nays-None.
~~
s
a
_~
4
154
Special Session, May 22, 1939
Communication of The United States
Flag Association, requesting that the
Mayor appoint a Mayor's Flag Week
Committee, of which the Mayor shall be
Honorary Chairman, and also that the
Mayor issue a Flag Week Proclamation,
presented and read. Councilman Clark
moved that the request be granted and
that the Mayor be authorized to issue a-
Proclamation and appoint a Flag Week
Committee as requested. Seconded by
Councilman Van Duelman. Carried by
the following vote: Yeas-Mayor Mur•
phy, Councilmen Clark, Thompson, Van
Duelman, Wharton. Nays-None.
There being no further business, Coun•
Gilman Van Duelman moved to adjourn.
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: i __J___________________
Attest: -------------- ------------
. City Clerk.
Regular Session, June 5th, 1939. 155
City Cauncil
(Of&cial.)
Regular Session, June 5th, 1939.
Council met at 8:10 P. M.
Present-Alayor Aiurphy, Council-
men Clark, Thompson, Van Duelman,
1Vharton, City Alanager Rhomberg.
Mayor Murphy staed that this is the
regular monthly meeting of the City
Council far the purpose of acting upon
such business as may properly come
before the meeting.
Claim of Robert Fitzke in the
amount of $25,00 for injuries received
by his son, Bobby Fitzke, caused in a
fall at the corner of Algona and Delhi
Streets, the result of tripping over sev-
eral bricks protruding above the nor-
mal street level, presented and read.
Councilman Clark moved to refer the
claim to the Cit}* Solicitor for investi-
gation and report. Seconded by Coun-
cilman Thompson. Carried by the fol-
lowing vote: Yeas-Alayor A~Iurphy,
Councilmen Clark, Thompson, Van
lluelmau, 1Vharton. Nays-None.
Councilman Wharton moved that the
rules be suspended for the purpose of
allowing an}~ one present in the Coun-
cil Chamber, a=ho wishes to do so, to
address the Council. Seconded by
Councilman Van Duelman. Carried
by the following vote: Yeas~Mayor
Murphy, Councilmen Clark, Thompson,
Van Duelman, Wharton. Nays-None.
Attorney John K. Chalmers, repre-
senting the Perfection Oi] Company,
addressed the Council, submitting a
verbal request far the vacation of a 4-
foot strip south of their property litre
and also far the vacation of a 4-foot
strip east of their property line at the
intersection of Rhomberg and Lincoln
Avenues in order that they may be able
to erect gasoline curb pumps to con-
form with the Zoning Ordinance. Coun-
cilman Wharton moved that the verbal
request of John K. Chalmers, Attor-
ney, representing the Perfection Oi]
Company, be referred to the City Coun-
cil to view the grounds. Seconded by
Councilman Clat•k. Carried by the fol-
lowing vote: Yeas-Alayor Murphy,
Couucihnen Clarlc, Thompson, Van
Duelman, Wharton. Nays-•None.
Petition of Leo Schwind Post No.
508, Veterans of Foreign Wars, re-
questing permission to hold a carnival
during the week of July 17th to July
22nd, 1939, on the city property ad-
joining the Base Ball Park, presented
and read. Mr. Arnold Utzig addressed
the Council requesting that the prayer
of their petition be granted. Council-
man Thompson moved that the request
be granted and that the license fee and
rental fee be waived. Seconded by
Councilmau Van Duelman. Carried
by the following vote: Yeas-Mayor
Murphy, Councilmen Clark, Thompson,
Van Duelman, Wharton. Nays-None.
AIr, Amoth, representing the Osweil-
er Van Service, addressed the Council,
making inquiry as to tivhat disposition
has been made of their claim for dam-
a~es to their truck caused iu strihiug a
tree on Alerz Street, this claim having
been referred to the Council for con-
'. sideration at a previous meeting. Mayor
Murphy advised Mr. Atnoth that upon
the recommendation of the City Solici-
tor that the claim had been denied.
Communication of flay Clark, Li-
brarian, advising Council that the terms
of Dr. James Alderson and Mr. Frank
Huftill expire July 1, 1939, as members
of the Board of Trustees of the Car-
negie-Stout Free Public Library, also
the communication of Dubuque Trades
and Labor Congress advising Council
that they would appreciate the reap-
pointment of Mr. Frank Huftill as a
member of the Board of Trustees of
the Caruegie-Stottt Free Public Li-
brary, also the communication of James
Alderson advising Council that he
would be pleased to accept reappoint-
ment as a member of the Board of
Trustees of the Carnegie-Stottt Free
Public Library, presented and read.
Councilmau Van Duelman moved that
Dr. James Alderson and Mr. Frank
Huftill be reappointed as members of
the Board of Trustees of the Carnegie-
Stout Free Public Library for a term
of six }ears, said terms expiring July
1st, 1945. Seconded by Councilman
Clarlc. Carried by the following vote:
Peas-Mayor Murphy, Councilmen
Clark, Thompson Van Duelman, Whar-
ton, Nays-None.
Petition of Rev. Kirchhoff, St. Cath-
erine's Parish, Route 4, requesting per-
mission to stretch a banner across Alain
Street between Sth and 6th Streets to
advertise a July 4th picnic, presented
and read. Councilman Clark moved
that the request be granted, the erec-
tion of said banner to be done under
the supervision of the Building Com-
missioner, Seconded by Councilman
Van Duelman. Carried by the follow-
ing vote: Yeas-Mayor Murphy, Coun-
cilmen Clark, Thompson, Van Duel-
man, Wharton. Nays-None.
Petition of Mrs. Sophia Schnee re-
questing that the City Treasurer be in-
structed to accept the face amount of
the Tax Sale Certificate, in the sum of
$85.46, held by the City of Dubuque
against Lot 20 of McCraney's First
Addition, presented and read. Coun-
cilman Clarlc moved to refer the peti-
tion to the City Manager for investi-
gation attd report, Seconded by Coun-