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1939 July Council ProceedingsJ 196 4 Regular Session City Council (Official.) Regular Session, July 3rd, 1939. No members of the Council being present on roll call, the meeting was postponed subject to call, J. J. sx>;A, City Clerk. ' Approved _______________________1939 Adopted ________________________1939. 1----------------------- Councilmen: _______________________ I----------------------- 1----------------------- Attest: ----------------------------- City Clerk. July 3rd, 1939. 197 ~_ ^_ ~_ i 198 Adjourned Regular Session, July 5th, 1939. City Council (Official) Adjourned Regular Session, July Sth, 1939, Council met at 7:45 P. M, Present-Mayor Murphy, Council- men Clark, Van Duelman, Wharton, City Manager Rhomberg. Absent- Councilman Thompson, Mayor Murphy stated that this meet- ing is an adjourned meeting of the regular meeting of July 3rd, 1939, for the purpose of acting upon such busi- ness as may properly come before a regular meeting of the City Council. Petition of St. Patrick's Parish, Ep- worth, Iowa, requesting permission to suspend a banner across Main Street between 8th and 9th Streets, presented and read. Councilman Van Duelman moved that the request be grouted. Seconded by Councilman Clark. Car- ried by the following vote: Yeas- Mayor Murphy, Councilmen C1ark,Van Duelman, Wharton. Nays-None. Ab- sent-Councilman Thompson, Petition of Edwin C. Kuehnle re- questing arefund of the interest and penalties due on special sewer assess- ment for Lot 25, Sister's Addition, pre- sented and read. Councilman Wharton moved to refer the petition to the City Manager far investigation and report. Seconded by Councilman Clarlc. Car- ried by the following vote: Yeas- Mayor Murphy, Councilmen Clark, Van Duelman, 1Vharton. Nays-None, Ab- sent-Councilman Thompson. Petition of Mrs, Louis Welter et al requesting the City Council to abate the smoke nuisance caused by the Iowa Dairy Company and also to prohibit the Iowa Dairy Company from blowing their flues iu the morning, presented and read. Councilman Clarlc moved that the rules be suspended for the pur- pose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Whartou. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Van Duelman, Wharton. Nays-Noce. Absent- Councilman Thompson, Mr. Louis Wel- ter addressed the Council requesting that favorable action be taken on their petition and that the nuisance be or- dered abated. Councilman jVharton moved that the petition be referred to the City Mauager and Chief of Police for investigation and report. Seconded by Councilman Clark. Carried by the following vote; Yeas-Mayor Murphy, Councilmen Clark, Van Duelman, Wharton. Nays-None, Absent- Councilman Thompson, Returns of service, subscribed .and sworn to by H. H. Howie, Building Commissioner, of notices of condemna- tion proceedings on tiVilbert Parley, Lillian Ternes, Rose McLaughlin, Ethel Perring, };lrene Meng, Thomas Farley, John Farley, and Mary Howard, noti- fying them to appear before the City Council and show cause why the buildings located upon the south one- half of Lot 11S and the north thirty- two feet and ten inches of Lot 116 of East Dubuque Addition should not be declared a nuisance and abated, pre- sented and read, Attorney J. Edward Whelan addressed the Council on be- half of Adam Berntgen, as the mort- gage holder against the south one-half of Lot 11S and the north thirty-two feet ten inches of Lot 116 of East Dubuque Addition, stating that no notice of con- demnation proceedings had been served upon Adam Berntgen, as the mortgage holder, as the State Law requires that the mortgage holder must be served with a notice of the condemnation pro- ceedings. Councilman Clark moved that action be deferred until such time as the City Solicitor can give an opinion to the Council as to the legality and need of serving condemnation notice upon Adam Berntgen, the mortgage holder. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Murphy, Council- men Clark, Van Duelman, Wharton. Nays-None. Absent-Councilman Thompson. Return of service, subscribed and sworn to by H. H. Howie Bui(diug Commissioner, of notice of condemna- tion proceedings on Frank Mathis, noti- fying him to appear before the City Council and show cause why the build- ings located on Lots ]0 and 11 of Sub. of Mineral Lot 68 should not be declar- ed anuisance and abated,presented and read. Councilman Clark moved that the return of service be received and filed. Seconded by Councilman Whar- ton. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Van Duelman, Wharton. Nays -None. Absent-Councilman Thomp- son. Return of service, subscribed and sworu to by H. H. Howie, Building Commissinoer, of notice of condemna- tion proceedings on Alvin Lee notify- ing him to appear before the City Council and show cause why the build- ings located on Lots ]0 and 11 of Sub- of Mineral Lot 68 should not be de- clared anuisance and abated, presented and read. Mr. Alvin Lee addressed the Adjourned Regular Session, July 5th, 1939. 199 Council stating that on account of con- demnation proceedings being started that the loan which he had applied for was cancelled and stated that if he was given sixty days' time he could prob- ably secure the necessary loan. Coun- cilman Clark moved that the return of service be received and filed. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Mur- phy, Councilmen Clark, Van Duelman, Wharton. Nays-None, Absent- Councilman Thompson. Resolution No. 117-39. VPhereas, Under appropriate pro- ceedings heretofore taken by this Council, a certain structure located up- on Lot Ten and Lot Eleven of the Sub- division of Mineral Lot 68 in khe City of Dubugve, Iowa, owned by Alviu Lee, has been declared io be dangerous, due to dilapidation, lack of repair, and other causes, and the owner thereof was given an opportunity to be heard and to show cause why said building should not be declared to be a nuisance and ordered abated. Now, Therefore, Be It Resolved By The City Council OE The City of Du- buque, after full and fair consideration, that the building above described be, and it is ordered abated and taken down on or before the 1Sth day of September, 1939, Be It Further Resolved, That the Building Commissioner be, and he is hereby directed to serve upon the said Alxin Lee a written notice requiring him to abate said nuisance and to take dawn and demolish said building on or before the 1Sth day of Sepember, 1939, attaching to said notice copy of this resolution,' Be It Further Resolved, That should said owner fail to demolish or abate said nuisance within the time herein provided, then and in that event said building shall be demolished and taken down and the nuisance caused thereby shall be abated by and under the directions of the Chief of the Pire Department of the City of Du- buque, and atl costs thereof and ex- penses incident thereto shall be as- sessed against the above described real estate. Passed, adopted and approved-this 5th day of July, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, Councilmen. Attest: J, J. SHEA, City Clerk. Councilman Wharton moved the adoption of the resolution. Seconded by Councilman Clark, Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Van Duelman, Wharton. Nays-None. Absent- Councilman Thompson. Return of service, subscribed and sworn to by H. H. Howie, Building Commissioner, of notice of condemna- tion proceedings on The Sisters of the Holy Ghost notifying them to appear before the City Council and show cause why the buildings located on City Lot 14 should not be declared a nuisance and abated, presented and read, Coun- cilman bVharton moved that the return of service be received and filed. Sec- onded by Councilman Clark. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Van Duel- man, Wharton. Nays-None. Absent -Councilman Thompson. Resolution No. 116-39. Whereas, Under appropriate proceed- ings hereofore taken by this Council, a certain structure located upon Lot Fourteen (14) original town (now City) of Dubuque, Iowa, owned by The Sisters of the Holy Ghost, has been declared to be dangerous, due to dilapi- dation, lack of repair, and other causes, and the owner thereof was given an opportunity to be heard and to show cause why said building should not be declared to be a nuisance and ordered abated. Now, Therefore, Be It Resolved By The City Council of The City of Du- buque, after full and fair consideration, that the building above described be, and the same is hereby declared to be a huisance and it is ordered abated and taken down on or before the i$th day of August, 1939. Be It Further Resolved, That the Building Commissioner be, and he is hereby directed to serve upon the said' Sisters of the Holy Ghost a written notice requiring them to abate said nuisance and to take down and demol- ish said building on or before the 15th day of August, 1939, attaching to said nonce copy of this resolution. Be It Further Resolved, That should said owner fail to demolish or abate said nuisance within the time herein provided, then and in that event said building shall be demolished and taken dovvn and the nuisance caused thereby shall be abated by and under the direc- tions of the Chief of the Pire Depart- ment of the City of Dubuque, and all costs thereof and expenses incident _~ J 200 Adjourned Regular thereto shall be assessed against the above described real estate. Passed, adopted and approved this Sth day of July, 1939. GEO. R, MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON; CARL A, CLARK, 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, Cowicilmen Clark, Van Duelman, Wharton. Nays-None, Absent- Councilman Thompson. Return of service, subscribed and sworn to by H. H, Howie, Building Commissioner, of notice of condemna- tion proceedings on Celia A. Heyne notifying her to appear before the City Council and show cause why the build- ing located on Lot 1 of Burden and Lawther's Addition should not be de- clared anuisance and abated, presented and read. Councilman Clark moved that the return of service be received and filed. Seconded by Councilman Van Duelman. Carried by the follow- ing vote: Yeas-Mayor Murphy, Coun- cilmen Clark, Van Duelman Wharton. Nays-None. Absent-councilman Thompson. Resolution No. 119-30. Whereas, Under appropriate proceed- ings heretofore taken by this Council, a certain structure located upon Lot 1 of Burden and Lawther's Addition to the City of Dubuque, Iowa, owned by Celia A. Heyne, has been declared to be dangerous, due to dilapidation, lack of repair, and other causes, and the owner thereof was given an opportun- ity to be heard and to show cause why said building' should not be declared to be a nuisance and ordered abated. Now, Therefore, Be It Resolved By The City Council of the City of Du- buque, after full and fair consideration, that the building above described be, and the same is hereby declared to be a nuisance and it is ordered abated and taken down on or before the 1Sth day of September, 1939. Be It Further Resolved, That the Building Commissioner be, and he is hereby directed to serve upon the said Celia A. Heyne a written notice re- quiring her to abate said nuisance and to take down and demolish said build- ing on or before the 1Sth day of Sep- tember, 1939, attaching to said notice copy of this resolution. ession, July 5th, 1939. Be It Further Resolved, That should said owner fail to demolish or abate .said nuisance within the time herein provided, then and in that event said building shall be demolished and taken down and the nuisance caused thereby shall be abated by and under directions of the Chief of the Fire Department of the City of Dubuque and a~i costs there- of and expenses incident thereto shall be assessed against the above described real estate. Passed, adopted and approved this Sth day of July, 1939. GEO. R, MURPHY, Mayor, FRANK VAN DUELMAN, ALBERT WHARTON, i CARL A, CLARK, Councilmen. Attest: J, J, SHEA, City Clerk, Councilman Wharton moved the adoption of the resolution. Seconded by Councilman Clark. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Van Duelman, Wharton. Nays-None. Absent- Councilman Thompson. Return of service, subscribed and sworn to by H. H. Howie, Building Commissioner, of notice of condemna- tion. proceedings on Leonard Schuster notifying him to appear before the City Council to show cause why the build- ing located on Lot 3S4 Ham's Addition should not be"declared a nuisance and abated, presented and read. Councilman Clark moved that the return of service be received and filed, Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Van Duelman, Wharton, Nays-None. Absent- Councilman Thompson. Resolution No. 120.39. Whereas, Under appropriate proceed- ings heretofore taken by this Council, a certain structure located upon Lot 3S4 in Ham's Addition to the City of Du- buque, Iowa, owned by Leonard Schus- ter, has been declared to be dangerous, due to dilapidation, lack of repair, and other causes and the owner thereof was given an opportunity to be heard and to show cause why said building should no the declared to be a nuisance and ordered abated. Now, Therefore, Bt It Resolved By the City Council of the City of Du- buque, after full and fair consideration, that the building above described be, and the same is hereby declared to be a nuisance and it is ordered abated and taken down on or before the 1Sth day of August, 1939. Be It Further Resolved, That the Building Commissioner be, and he is hereby directed to serve upon the said Leonard Schuster, a written notice re- quiring him to abate said nuisance and to take down and demolish said build- ing on or before the 15th day of Au- gust, 1939, attaching to said notice copy of this resolution, Be It Further Resolved, That should said owner fail to demolish or abate said nuisance within the time herein provided, then and in that event said building shall be demolished and taken down and the nuisance caused thereby shall be abated by and under the di- rections of the Chief of the Fire De- partment of the City of Dubuque, and all costs thereof and expenses incident thereto shall be assessed against the above described real estate. Passed, adopted and approved this Sth day of July 1939. GEO. R. MURPHY, Mayor FRANK VAN DU$LMAN, ALBERT WHARTON, CARL, A. CLARK, 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- hpy, Councilmen Clark, Van Duelman, Wharton. Nays-None, Absent- Councilman Thompson. July S, 1939. To the Honorable Mayor, City Council and City Manager, Dubuque, Iowa. Gentlemen: I am attaching reports of the Health Department and of the Fire Depart- ment regarding the property of Patrick O'Shea at 39 South Grandview Ave- nue, Lot 1 of Mineral Lot 145. These departments as well as the Building Department have received numerous complaints during the past two years based on the odors, appear- ance and danger of fire due to mainten- ance of horses on the property. In ad- dition to the storage of manure, corn stalks, hay, kindling and old equipment used for farming has been allowed to accumulate and the general appearance tends to detract from the value of the surrounding properties. In my estimation the buildings have deteriorated to such an extent that de- molition should be recommended, In accordance with the City Ordinance I would respectfully request that a con- July 5th, 1939. 201 demnation committee of three be ap- pointed by your honorable body to in- spect the above property and make a report and recom_ mendation according to law. Respectfully submitted, H. H. HOWIE, Building Commissioner. July 5, 1939. Mr, Harry Howie, Building Commis- sioner, Dubuque, Iowa. Dear Sir: Complying with your request of re- cent date, I have made an inspection of the barn and outbuildings on the premises of Lot 1 of Mineral Lot 145. The barn is a two story frame with one story wood lean-to addition. The building and additions are in a gen- eral dilapidated condition and because of hay storage, corn stalks, and failure to remove excess manure accumula- tions, constitute a fire hazard to other buildings in the vicinity. I therefore recommend that the buildings be con- demned and ordered torn down, and all inflammable waste material removed from the premises. Yours very truly, WM. L. RYAN, Chief, Fire Department. June 27th, 1939. City Manager and City Council, Dubuque, Iowa. Gentlemen: The Health Department wishes to recommend that old barn and sheds at 39 S. Grandview Avenue, owned by Patrick O'Shea, should be condemned. Upon investigation we find that there is a very strong odor from horse ma- nure which is scattered around pro- miscuously and causes a very bad odor. The sheds and barns are dilapidated and in our opinion are very dangerous both from a health and sanitary con- dition. Some action should be taken in re- gard to this matter. Very truly yours, ALBERT J. ENTRINGER, M.D. Director of Health. JOSEPH T. SCHARRY, Sanitary Inspector. t ,,;; f, li'. ~ ',, i' ~' ii '~< "F~, I~ „~I~' k ''~ & I,>{I ~,r ,~ I 202 Adjourned Regular Session, July 5th, 1939. Councilman Van Duelman moved that the comunications and reports of Building Commissioner Hovvie, Fire Chief Ryan, Director of Health En- gineer and Sanitary Officer Scharry be received and made a matter of record and that Messrs. Fred Schroeder, Nor- man Kormamt and C. I. Krajetvski be appointed as a condemnation committee to inspect said buildings and report their findings and recommendations back to the City Council. Seconded by Coun- cilman Clark. Carried by the following vote. Yeas-Mayor Murphy, Council- men Clark, Van Duelman, Wharton. Nays-None. Absent -Councilman Thompson. July S, 1939. Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: On June 27th there was referred to me for investigation and report the claim of Floyd Roth in the sum of $7.50 for damages to an automobile on Jtttte 14th, .said damages being incurred when the right fender and running board of said car caught on the man- hole cover which extended from the curb in front of the State Theatre, I have completed investigation of this claim and respectfully recommend that said claim be allowed in the sum of $7.50, and upon the execution of a receipt and release, a warrant be drawn payable to Floyd Roth in the sum of $7.50, in full settlement of said claim. Claim and statement are attached hereto. Resolution No. 121.39. Be It Resolved By the City Council of the City of Dubuque, Iowa, That it is deemed advisable to sell Lot Twenty- Nine (29) of O'Neill's Riverview in the City of Dubuque, Iowa, to Geraldine 0. Harms for the sum of One Hundred Fifty and No/100 ($150.00) Dollars, and to execute a quit claim deed of said premises to said grantee and deliver the same to her upon the payment of said purchase price. Be It Further Resolved, That the Mayor and Clerk of said City of Du- buque, be, and they are hereby author- ized and directed to execute said deed on behalf of the City of Dubuque, and to affix thereto the official seal of said city. Passed adopted and approved this Sth day of July, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, 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, Van Duelman, Wharton. Nays-None. Absent- Councilman Thompson, Respectfully submitted AL. J. NELSON, City Solicitor. Councilman Clark moved that the recommendation of City Solicitor Nel- son be approved and that a warrant i^ the amount of $7.50 be ordered drawn in favor of Floyd Roth as settlement in full of his damage claim, said damage being incurred whe^ the right feeder and running board of his car caught on the manhole cover which extended in to the street in front of State Theatre, said warrant to be delivered to Floyd Roth upon the execution of a receipt and release, Seconded by Councilman Van Duelman. Carried by the follow- ing vote: Yeas-Mayor 14lurphy, Coun- cilmen Clark, Van Duelman, Wharton. Nays-None. Absent -Councilman Thompson, Adjourned Regular Sessioty July 5th, 1939. 203 BUDGET ESTIMATE AND RECORD OF FILING CITY ESTIMATE NOTIC)a-The City Council of City of Dubuque of Dubuque County, Iowa, will meet August 7th, 1939, at 7:30 P. M., at the Council Chamber in the City Hall. Taxpayers will be heard for or against the following estimate of expenditures at that time. J. J. SHEA, 7-11-1t City Clerk. 1 2 3 4 S 6 7 m ~ ro~ro v C o - M ° ro ~ro q ro x •`~ 0 ~ro'+~ 4 ~ u ~ u ti ~ ~. U7 q ~m v ~ C ma~~ ~ C mv~'S ai a~ ~ by rov Z o a ~ ~ ~ a ti ~ a~x ~ o~ „ o u~~ a~ ~ ~ • o o ">z N ` rn ~x~~ ° • ° o • K ~ ~ ~ ~ a ~ ~ °M w awu° ` w~to w oF zN~ °` ww~ ww~ General _____ $216,003 $ 4,448 $ ___ __ $ 47,000) $ _____ $238,341 $ 261,306 Improvement 14,000 1,102 ___ __ _______) ______ 5,584 3,840 Grading _____ 10,000 773 ___ __ _______) 234,375 4,676 7,845 Sewer _______ 2,000 1,025 ___ __ _______) ______ 846 1,830 Water ------- ------ ------ --- -- -------) ------ ------ ---- bight _______ 39,372 5,420 ___ __ _______) ______ 45,510 49,761 Consolidated Tax _______ 281,375 Fire )equipment 12,550 9,748 Fire Main- tenance ___ 116,600 5,781 Firemen's Pension ___ 26,763 12,081 Street Cleaning & Garbage 47,000 234,375 294,957 324,582 _____ _______ 12,880 1,898 10,406 _____ _______ 116,600 103,919 107,656 4,011 1,300 21,425 17,663 16,836 Dtsposa] __ 34,734 249 _____ 18,000 16,734 38,888 36,944 Library _____ 28,407 483 _____ 1,500 26,907 28,805 27,119 Waterworks__ 160,450 92,038 10,000 180,480 ______ 143,547 181,264 Park ________ 23,000 836 1,434 650 20,916 22,930 22,702 Policemen's Pension ___ 14,735 8,647 214 1,000 13,521 11,128 11,309 ' Bond ________ 61,245) 19,472 _____ _______ 61,245 95,000 93,000 Bond Interest 24,096) _______ 24,096 47,512 47,414 Emergency __ 33,467 1,248 _____ _______ 33,467 13,625 31,524 Dock Bond & Interest ___ 35,810 10,069 _____ _______ 35,810 27,425 31,104 Main Sewer _ 16,734 740 _____ _______ 16,734- 13,239 13,396 Dock Operating 18,960 3,490 _____ 2,260 16,700 15,283 38,140 Playground & Swim Pool_ ]8,289 1,986 _____ 2,878 12,684 12,923 12,980 Snow Remova]_ 5,656 323 _____ _______ 5,656 _____ ________ Totals _____$909,841 $179,599 $18,689 $224,735 $669,447 $885,406 $1,006,376 Estimated Taxes per $1,000.00 of assessed valu e, $19.998, ` Adjusted Taxable Valuation (1938)_____________________________.,$ 33,362.735 Moneys and Credits (1938) at 6 mills____________ __________ ______ 7,647,739 Moneys and Credits (1938) at 2 mil]s____________ __________ ______ 155,286 ~~ ~~ {~ , .r P o.tg ~,4~{, M fi l~l ,~~ ,t E uf~~ 'ti9 I-'` , i t i ,. ~~~ 204 Adjourned Regular Session, July 5th, 1939, Resolution No. 122-39 Whereas, the Council of the City of Dubuque has duly considered and caused to be prepared the budget esti- mate of expenditures for the fiscal year beginning April 1, 1940, and end- ing March 31, 1941, as a basis far the tax levy for the year 1939, the same to be collected in the year 1940, and said budget having been duly approved by it; Now, Therefore, Be. It Resolved by the Counci! of the City of Dubuque that said budget estimate be and the same is hereby ordered filed in the office of the Clerk of Dubuque and the date of public hearing thereon is hereby fixed as the 7th day of August, 1939, at 7:30 o'clock p. m. m the Council Chamber in the City Hall. Be It Further Resolved, That said Clerk be and he is hereby directed to cause said budget estimate of expendi- tures and proposed tax levy to be pub- lished in the official newspaper of the City of Dubuque and an official notice to be given of the time and place, when and where said budget estimate will be considered by said Council for final adoption, at which time and place tax payers will be heard for and against said estimate, said publication to be not less than ten (10) days before said date of hearing, Be It Further Resolved, That in lieu of all of the separate annual levies for the General Fund, the Grading Fund, the Improvement Fund, the Sewer Fund and the Electric bight and Power Fund, there shall be levied one (1) tax which shall be designated as the "Con- solidated Tax bevy." Passed, adopted and approved this 5th day of July, 1939. GEO. R. MURPHY, Mayor, FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, 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 Murphy, Councilmen Clark, Van Duel- man, Wharton, Nays-None. Absent -Councilman Thompson. Resolution No, 123-39 Be It Resolved by the City Council of the City of Dubuque that the fol- 1o4ving, having complied with the pro- visions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit. to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City: Name Address Fraternal Order of Eagle, No. 568, 6th and Locust Streets; Milton J. Kal- mes, 1085 Julien Avenue; Raymond Stoltz and George Zillig, 234 West Ninth Street. Be It Further Resolved, That the bonds filed with the applications be approved. Passed, adopted and approved this 5th day of July, 1939. GIiO. R. MURPHY, Mayor. FRANK VAN DU$LMAN, ALBERT WHARTON, CARL A, CLARK, Councilmen. Attest: J. J. SH$A, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Second- ed by Councilman Clark. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Van Duel- man, Wharton, Nays-None. Absent -Councilman Thompson. July S, 1939, To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen:- Pursuant to your instructions sealed bids were received until 10:00 o'clock A. M., July 5, 1939, for furnishing two 7S0 G. P. M. Triple combination pump- ingengines for the Fire Department. Attached hereto is a tabulation of the bids received showing prices and the essential data on the various types of equipment offered by the bidders. Respectfully submitted, A, A. RHOMBERG, City Manager. Councilman Clark moved that the communication of City Manager Rhom- berg and attached tabulation of bids be referred to the City Council for con- sideration, Seconded by Councilman Van Duelman. Carried by the follow- ing vote: Yeas-Mayor Murphy, Coun- cilmen Clark, Van Duelman, Wharton, Nays-None. Absent-Councilman Thompson. There being no further business Councilman Van Duelman moved to adjourn. Seconded by Councilman Clark. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Van Duelman, Wharton. Nays -Noce. Absent-Councilman Thomp- son. J J SHEA, City Clerk. Approved ---------------------- 1939. Adopted ______________________ 1939, Councilmen: Attest: ------------------------------ City Clerk. Special Session, July 20th, 1939. 205 City Council (Official.) Special Session, July 20th, 1939. Council met at 8:10 P. M. Present-Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton, 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 for approval 'Supplemental Contract No. 1 between the City of Dubuque and the Iowa State Highway Commis- sion for Primary Road Extension Maintenance and acting on any other business as may properly come before a regular meeting of the City Council. Councilman Clark moved that the rules be suspended for the purpose of allowing any one present in the Coun- cil Chamber who wishes to do so, to address the Council. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Petition of Chas. Gau requesting re- lief on the special assessments levied against Lot 1 of 2 of 1 of 7 and Lot 1 of 1 of 7 of Peil's Subdivision, present- ed and read. Mr. F. Millin addressed the Council requesting that Mr. Chas. Gau be given some relief on the spe- cial assessments levied against his prop- erty as the Pier Company are the hold- ers of a mortgage against this property and if Mr. Gau is given some relief it may not be necessary that the mortgage be foreclosed. Councilman Clark moved to refer the petition to the City Man- ager for investigation and report. Sec- onded by Councilman Thompson. Car- ried by the following vote: Yeas-, Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Communication of Seubert & Fessler submitting enclosed bill from A, J, Huss in the amount of $8.94 for dam- ages to his truck caused in driving over a ditch at 6S4 Kane Street, this ditch being filled on July 6th and the next morning, July 7th, during a rain storm, Mr. Huss drove over this ditch breaking the front spring of his truck, and requesting that the matter of pay- ment of this bill be taken up with the Bonding Company, presented and read. Councilman Clark moved to refer the communication and bill to the City So- licitor for investigation and report. Seconded by Councilman Van Duel- man. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None, Petition of Dubuque Tri-State Rodeo requesting permission far the use of the City property adjoining the Municipal Athletic Field for parking purposes on August 3rd, 4th, Sth and 6th, presented and read. Councilman Clark moved to refer the petition to the City Manager, Seconded by Councilman Thompson. Carried by the following vote; Yeas- Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Petition of M, A. Herbst, et al, re- questing the Council to reconsider their action taken in the matter of the in- stallation of a street light at the inter- section of Windsor Avenue and Provi- dence Street, presented and read. Coun- cilman Clark moved to refer the peti- tion to the Council to view the grounds, Seconded by Councilman Thompson. Carried by the following vote: Yeas- iviayor Murphy Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Petition of W. M. Kretschmer, re- questing that the Southeasterly 93 feet of Lot S in Fengler's Addition be re- zoned as a business district, presented and read. Councilman Wharton moved to refer the petition to the Planning and Zoning Commission far their rec- ommendation and report. Seconded by Councilman Clark. Carried by the fol- lowing vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Petition of St. Paul's Mission House, Epworth, Iowa, requesting permission to place a sign across Main Street be- tween 8th and 9th Streets and also for permission to place au automobile on Main Street at the corner of 9th and Main Streets for the purpose of asking for donations to help their poor Mission students, presented and read, City Manager Rhomberg recommending that the request far the placing of a sign across Main Street be granted but that the request for the parking of an automobile at the corner of Ninth and Main Streets be denied. Councilman Clark moved. that the recommendation of City Manager Rhomberg be ap- proved. Seconded by Councilman Thompson. Carried by the following vote; Yeas-Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wlarton. Nays-None. Petition of J, F. Stampfer Company, requesting permission to erect a 30-foot truss extending between their building and the Grand Opera House Theatre in order that a pole carrying the wires of the Interstate Power Company may be I~~~~ ~' i ~~'a ~~ ~~ pr;: r ~'!~, ~. ~~~~~ 206 Special Session, July 20th, 1939. removed, presented and read. Council- man Wharton moved that the petition be referred to the City Manager and Building Commissioner for a report to be submitted back to the City Council. Seconded by Councilman Clark. Car- ried by the following vote: Yeas- Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Petition of University of Dubuque, requesting that the entire alley north of Grace Street and connecting Algona Street and Auburn Street in the rear of hots 28 to 34 inclusive, in Reche's Subdivision, be vacated, also that the alley connecting the above mentioned alley and lying in the rear of hots 3S to 38 in Reche's Subdivision be vacated and also that that portion of the alley north of Lot 7- in Reche's Subdivision be vacated, presented and read. Coun- cilman Van Duelman moved to refer the petitfon to the Planning and Zon- ing Commission for their recommenda- tion and report. Seconded by Council- man Clark. Carried by the following vote: Yeas-Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton, Nays-None. Return of service, subscribed and sworn to by H. H. Howie, Building Commissionet•, of condemnation pro- ceedings, Resolution No. 119-39, served upon Celia A. Heyne, owner of Lot 1 of Burden and Lawthet•'s Addition, notify- ing her that the building located on satd Lot 1 of Burden and Lawther's Addition has been declared a nuisance and is ordered abated and taken down on or before the 15th day of Septem- ber, 1939, presented and read Council- man Clark moved that the return of service be received and filed. Seconded by Councilman Van Duelman Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Return of service, subscribed and sworn to by H. H. Howie, Building Commissioner, of condemnation pro- ceedings, Resolution Na. 118-39, seared upon The Sisters of the Holy Ghost, owners of City Lot 14, notifying them that the building located on said City Lot 14 has been declared a nuisance and is ordered abated and taken down on or before the 1Sth day of August, 1939, presented and read. Councilman Clark moved that the return of service be received and filed. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor 11lurphy, Councilmen Clark, Thompson, Van Duelman, Wbarton. Nays-None. Return of service, subscribed and sworn to by H. H, Howie, Building Commissioner, of condemnation pro- ceedings, Resolution No. 117-39, served upon Alvin Lee, owners of Lots 10 and i 11 of the Subdivision of Mineral Lot 68, notifying him that the buildings located upon said Lots 10 and 11 of the Sub- division of Mineral Lot 68 have been declared a nuisance and is ordered abated and taken down on or before the 1Sth day of September, 1939, presented and read. Councilman Clark moved that the return of service be received and filed. Seconded by Councilman Van Duelman. Carried by the follow- ing vote: Yeas-Mayor Murphy, Coun- cilmen Clark, Thompson, Van Duel- man, bVharton. Nays-None, Return of service, subscribed and sworn to by H. H. Howie, Building Commissioner, of condemnation pro- ceedings, Resolution No, 120-39, served upon Leonard Schuster, owner of Lot 354, Ham's Addition, notifying him that the building located on said Lot 3S4 of Ham's Addition, has been de- clared anuisance and is ordered abated and taken down on or before the 15th day of August,1939, presented and read. Councilman Clark moved that the re- turn of service be received and filed. Seconded by Councilman Van Duel- man. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Council Proceedings for the month of April, 1939, presented for approval. Councilman Van Duelman moved that the Council Proceedings for the month of April, 1939, be approved as printed. Seconded by Councilman Clark. Car- ried by the following vote: Yeas- Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, 1Vharton. Nays-Noce. Petition of Mrs. R. A. French, re- questing the rezoning to permit the residence at 275 North Grandview Ave- mie to be converted into atwo-family duplex and also for the rezoning of the 1900 block on Delhi Street Eor to allow for multiple family housing and remod- eling, presented and read. Councilman Thompson moved to refer the petition to the Planning and Zoning Commis- sion for their recommendation and re- port. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Murphy, Council- men Clark, Thompson, Van Duelman, 1Vharton. Nays-None. Supplemental Contract No, 1 be- tween the City of Dubuque and the Iowa State Highway Commission, Ames, Iowa, on Primary Road Exten- sion Maintenance, said contract having been placed on file for public inspec- tion on June 30th, 1939, as follows: Remove brick and raise base 0 to 3" as needed for drainage and relay brick on approximately 450 square yards of brick paving ott Central Avenue be- hveen Diamond Street and City Limits, agreed price $1,100.00; Build and main- Special Session, July 20th, 1939. tain to December 1, 1939, 4 sumps for underground drainage of surface water on 4th Street, east of Bodega Street, at $50.00 each, $200.00; Build catch basin and lay 120 Lfn, Ft. of 8" vitri- fied sewer pipe to connect to storm sewer, $120.00; Total amount of con- tract, $1,420.00, presented for approval. Councilman Clark moved that Supple- mental Contract No. 1 between the City of Dubuque and the Iowa State Highway Commission, Ames, Iowa, be approved and the Mayor authorized to execute the same on behalf of the City of Dubuque, Iowa. Seconded by Coun- cilman Thompson. Carried by the fol- lowing vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-Noce. July 12, 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 the City Water Department for the month of June, 1939, also a list of claims and list of payrolls for which warrants were drawn during the month of June, 1939. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Thompson moved that the reports be received and placed on file. Seconded by Councilman Clark. Carried by the following vote: Yeas- Mayor Murphy, Councilmen Clark, Thompson, Vau Duelman, Wharton. Nays-None. Resolution No, 124-39 Be It Resolved by the City Council of the City of Dubuque that the fol- lowing, having complied with the pro- visions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within satd City and the Manager is directed to issue such permit on behalf of said City: Name Address Wm. Van der Meulen, 2327 Centro] Avenue; Harry N. Gantert, 1301 Rhom- berg Avenue; F, W, Childers, 3203 Jackson Street. Be It Further Resolved, That the bonds filed with the applications be ap- proved. Passed, adopted and approved this 20th day of July, 1939. GEO, R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F, W, THOMPSON, Councilmen. Attest. J. J. SHEA, City Clerk. 247 Councilman Clark moved the adop- tion of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, ~'hompson, Van Duelman, Wharton. Nays-None, City of Dubuque Resolution No. 125-39 Whereas, A thorough investigation has been made of the hourly wage rates which are being paid in the City of Dubuque, Iowa, in Dubuque Coun- ty, which is the locality in which the project is known as Iowa 1684-F, is be- ing constructed by the City of Du- buque, Iowa, to employ in each trade or occupation engaged in work of a na- ture similar to the work being per- formed in the construction. of said Proj- ect and the prevailing hourly wage rates being paid in such locality to such employees for such work have been determined by the City.Council through aid of secretary of Trades and Labor Congress, secretaries of Trade Unions and Local Contractors and, Now, Therefore, Be It Resolved by the City Council of the City of Dubuque, Iowa, that the following rates for the respective trades as listed below shall be and are hereby fixed as the minimum hourly wage rates and have been determined in accordance ~a~ith rates prevailing for work of a similar nature in the locality in tivhich the project is being construct- ed: Plumber helper, 50c per hour. Brick Layer apprentice, 1st year, $.48125 per hour. Brick Layer apprentice, 2nd year, $.6875 per hour. Brick Layer apprentice, 3rd year, $.9625 per hour, Brick layer apprentice, 4th year, $1.2375 per hour, Be It Further Resolved, That there be transmitted with this resolution the substantiating data upon which the foregoing determination is based. Be It Further Resolved, That this resolution being deemed urgent and of immediate necessity become effective from and after its passage and adoption b}~ the City Council, Passed and adopted this 20th day of July, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F, W, THOMPSON, Councilmen. Attest: J. J, SHEA, City Clerk, ;; i, ~' ~,~( ~: _~i ~~- I1,! `'~ ~ 'i~ % (" 1 ti. p'; p. ;l I~, EI f ;;; 208 Session, July 20th, 1939, Councilman Van Duelman moved the adoption of the resolution. Second- ed by Councilman Clark. Carried by the following vote: Yeas-Mayor Mur- phy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. July 14, 1939, Honorable Mayor and City Council, Dubuque, Iowa. Re: Condemnation Proceedings- South One-half hot 11S and North 32 ft. 10 inches Lot 116, East Du- buque Add., Thos, Farley, et al, owner; Adam Berntgen, Mortgage Holder, Gentlemen: At the session of the City Council held July S, 1939, action upon the con- demnation of buildings upon the above entitled real estate was deferred, and the matter referred to me for opinion as to the legality and serving of con- demnation notice upon Adam Berntgen, whom it appears holds a mortgage se- cured by the above described premises. It is my opinion that notice of the condemnation proceedings in this mat- ter should be served upon the mortgage holder as well as upon the owner of the above described premises for the reason that any demolition of the build- ings upon these premises might lessen the value of the security of the mort- gage in question, and that, therefore, the mortgage holder should be made a party to any proceedings looking tow- ard the demolition of the buildings upon this property. Yours very truly, AL. J. NELSON, City Solicitor. Councilman Clark moved that the written opinion of City Solicitor Nelson be made a matter of record. Seconded by Councilman Thompson. Carried by the fallowing vote: Yeas-Mayor 114urphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. '' Resolution No, 126-39 Whereas, Adam Berntgen is the own- er of the south one-half of Lot 11S and the north thirty-two feet and ten inches of Lot 116 of East Dubuque Addition to the City of Dubuque, Iowa, upon which are located and situated build- ings which have been examined by the Board of Health, Building Commission- er, and the Chief of the Fire Depart- ment and found to be dangerous struc- tures and unfit for human habitation and a menace to public safety by reason of want of repair, and defects in drain- age and plumbing; and Whereas, This Council has hereto- fore appointed a Condemnation Com- mittee of three disinterested persons to make a thorough investigation of said buildfngs and to report their find- ings to the Council, the same to act in conjunction with the Building Commis- sioner; and Whereas, Said committee has filed its report and recommends that said buildings be condemned as a nuisance, said report being attached hereto and made a part hereof, Now, Therefore, Be It Resolved by the City Council of the City of Dubuque, that the Build- ing Commissioner be, and he is hereby directed to cause to be served upon the said Adam Berntgen, owner of the buildings described herein, a written notice commanding him to appear be- fore this Council at a meeting thereof to be held at 7:30 o'clock P, M, on the 7th day of August, 1939, in the Council Chamber in the City Hall, in the City of Dubuque, and to show cause why said buildings should not be declared dangerous structures and a nuisance. Passed, adopted and approved this 20th day of July, 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. July 12, 1939. Honorable Mayor and City Council, Dubuque, Iowa, Re: Abstract of Title, Warranty Deeds and Administrator's Deed, South Middle 32 ft. City Lot 658, City of Dubuque. Gentlemen:- On June 22, 1939, there was referred to me for investigation and report, the abstract of title to the Northerly 32 ft. 7 inches of the Southerly 33 ft. 7 inches of Lot 658 in the City of Dubuque, and certain Warranty Deeds and Adminis- trator's Deed conveying the South Mid- dle 32 feet of Lot 658 in the City of Dubuque, The abstract of title submitted to me consists of entries from the sale by the United States Government to Ezra Davis, September ZS, 1840, to the 11th day of December, 1937, the entries therein from the date of the original sale September 2S, 1840, to October 31, Special Session, July 20th, 1939, 209 1878, not being certified to by any ab- stractor, and the entries from October 31, 1878, to November 1, 1898, being certified to by W, S. Wright and Ab- stractors, and entries from November 1, 1898, to July 2S, 1900, being certified to by heathers & Trewin, Abstractors, and the entries from July 2S, 1900, to April 7, 1931, being certified to by A. P. Abeln, Abstractor, and the entries from April 7, 1931, to December 11, 1937, being certified to by the Abeln Abstract Company, I find upon investigation of the ab- stract submitted to me that on the last mentioned date December 11, 1937, the title in fee simple to the Northerly 32 ft. 7 inches of the Southerly 33 ft. 7 inches of Lot 658 in the City of Du- buque was in the following persons: George B. Lagen, Tacoma, Wash- ington. Daniel J. Lagen, San Francis- co, California; Mark A. Lagen, Seattle, Washington; Cyril D. Lagen, Dubuque, Iowa; Joseph T. Lagen, Dubuque, Iowa; Louis J. Lagen, Dubuque, Iowa; Daphene Lagen and Alice Lagen, chil- dren and heirs at law of Jahn Lagen and Johanna Lagen, and children of a deceased son, Seattle, Washington; subject to the following qualifications, objections and encumbrances: Note: The abstract of title does not indi- cate whether Daphene Lagen and Alice Lagen are the children of Mark Lagen of Seattle, Washington, or chil- dren of another deceased sou whose name is not given in the abstract, It appears from .an examination of the abstract of title that this real estate first came into the Lagen family on October 31, 1878, by virtue of a War- ranty Deed filed November 2, 1878, wherein John O'Brien conveyed to John Lagen the South 33 feet 8 inches of Lot 6S8 in the City of Dubuque. However, it appears from the abstract of title that the only interest that John O'Brien ever acquired in this lot was by virtue of a Warranty Deed from Julia Lewis dated February 18, 1874, filed February 17, 1874, wherein she conveyed to the said John O'Brien the South 33 feet 7 inches of City hot 658. The deed from O'Brien to John Lagen, however, attempts to convey the South 33 feet 8 inches instead of 33 feet 7 inches as owned by him. The abstract of title indicates that on December 22, 1913, John hagen by Warranty Deed filed December 30, 1920, and recorded in Book 87, Towu Lot Deed Record, page 546, conveyed to his wife Johanna M. Lagen among other real estate the, "South Middle 32 feet of Lot 658 in the City of Dubuque according to the recorded plat thereof, and that on December 11, 1929, the said Johanna M. Lagen, then widow of Jahn Lagen, deceased, conveyed by Warranty Deed filed December 6, 1937, to C. D. hagen, Joseph T, Lagen, and Louis J, hagen the same South Middle 32 feet of Lot 658 in the City of Du- buque. A plat of hot 658 as shown at entry No. 42, page 19 of the abstract of title shows Lot 6S8 to be 51 feet 2 inches in width and 85 feet in length and said plat does not set out or include any such description as the South Middle 32 feet of hot 658. It is the under- standing of the undersigned that in this transaction it is the desire to convey to the City of Dubuque for the use of the Carnegie-Stout Library all of the in- terest of the hagen heirs in this Lot 658. The deeds submitted for examina- tion do not convey the entire interest owned originally by John Lagen and then by the Lagen heirs, The descrip- tion given in the deed submitted as tak- en from the deed from John Lagen to his wife and later from his wife, then his widow, to C, D. Lagen, Joseph T, Lagen, and Louis Lagen and described as: "The South Middle 32 feet of Lot 6S8" is indefinite and not properly de- scriptive of the interest owned origin- ally by the said John Lagen and even though it would be sufficient to convey 32 feet of this lot, there would still be left 7 inches of this lot which would be owned by all of the legal heirs of John Lagen and Johanna Lagen which has not been conveyed, Encumbrances: Mortgages- Entry No, 33, page 16 of the abstract shows a mortgage in the sum of $1,700 due April 7, 1934, with interest at the rate of 6%, payable semi-annually, giv- en by Johanna Lagen to Julia Sullivan on April 7, 1931, and recorded on the same date. This mortgage appears to be unsatisfied as on the date of the close of the abstract April 1, 1937. Entry No. 40, page 18 of the abstract shows records of a mortgage in the sum of $342 with interest at the rate of 6% given June 24, 1935, by Joseph Lagen and Isabelle Lagen, his wife, to Emma M. VanWinkle which also ap- pears to be unsatisfied of record as of the date of the close of the abstract on December 11, 1937. Judgments- Entry No. 43 to Entry No. 48 inclu- sive, on page 20 of the abstract, contain record of judgment against Cyril Lag- en, as follows: Entry No. 43, Dubuque Band Acad- emy, $22.50, costs $4.70. Entry No. 44, Renier's, $164.57, costs $6.20. Entry No, 45, Finley Hospital, $170.94, costs $2.25. Entry No. 46, Carrie Anderson, $470.00, costs $7.15, ~~~. k~'~ .~7 ~~4,!,{° i~, , III III r~A I iii I,I,; II i hd LI 210 Special Session, Entry No. 47, John C. Hancock, $663.00, costs $54.54. Entry No. 48, Herbert F. Smith, $32.18, costs $4.70. The abstract of title shota=s that as of the date of the close of the abstract ou December 11, 1937, these judgments had not been paid and were a lien upon the property. Entry No. 49, page 21 of the abstract shows a judgment rendered against Joseph A. Lagen and in favor of Tos- eph J. Sullivan March 4, 1936, in the sum of $99.50 with interest at the rate of S°fo and costs in the sum of $16.50 which the abstract shows is unsatisfied and also a lieu against this property as of the date of the close of the abstract ou December 11, 1937. Real Estate; Taxes- Entry No. 37 on page 17 of the ab- stract indicates that the record of taxes _ for 1928 and 1929 were paid by sale to the City of Dubuque on December 1, 1930, and that special taxes of three in- stallments of $2.16 each, with interest from n~farch' were made by sale to the City of Dubuque on the satne date, De- cember 1, 1930. Entry No. 50, page 21 of the abstract indicates that this property was sold at _ Scavenger Sale February 3, 1938, at Dubuque, Iowa, for the taxes for the years 1931, 1932, 1933 and 1934 and that for the special tax improvement for Locust Street the abstract indicates that the amount necessary to redeem this sale as of December, 1937, was the sum o{ $1,254.62, and that the real es- tate tax for the year 1936, including interest and penalties to the month of December, 1937, was in the sum of - $115.62, The abstract of title heiug brought - down only to December 11, 1937, shows nothing with reference as to ca=hether or not the taxes for the years 1937 and 1938 have been paid or whether any of the other items of taxes have been re- deemed or paid. - Personal Taxes- The abstract of title at entry No. 50, page 21, shows unpaid personal taxes _ for the years 1936 and prior years as follows: = Joseph T. Lagen _______________$63.60 = Joseph T. Lagen (Old Age Asst. - tax) ------------------------- 6.26 Louis Lagen ------------------- 7.SS - Cyril Lagen ___________________ 68.10 The abstract of title being brought down only to the date of December 11, 1937, does not indicate whether there are mtpaid personal taxes assessed against any of the above three named persons for the years 1937 or 1938 which remain unpaid. 20th, 1939. Recommendation; It is the recommendation of this of- fice that the abstract of title and war- ranty deeds and administrator's deed submitted therewith be returned to the Board of Trustees of the Carnegie- Stout Library with instructions to have the abstract of title brought down to date at the expense of the sellers of this property and resubmitted for examina- tion, and that proper deeds from all of the heirs at law of John Lagen and Johanna NI. Lagen be secured, and that if any of said heirs have since deceased since the date of the death of the said John Lagen and Johanna M. Lagen, that deeds from either the estates of said deceased or deeds from the heirs of said deceased person or persons con- veying to the City of Dubuque for the use of Carnegie-Stout Library of the City of Dubuque, the entire interest otia=ned by the said John Lagen in his lifetime and described as: "The Southerly 33 ft. 7 inches of Lot 658 in the City of Dubuque." I am returning to you herewith the abstract of title and warranty deeds to the City of Dubuque from C. D. Lagen and Eugenie Lagen, his wife, and Louis J• Lagen, an administrator's deed to the City of Dubuque from 114. H. Czizek, administrator of the estate of Joseph T. Lagen, deceased. Respectfully submitted, AL. J. NELSON, City Solicitor. Councilman Clark moved that the recommendation of City Solicitor Nel- son be approved. Seconded by Council- man Thompson. Carried by the fol- lowing vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None, July 12, 1939. Honorable Mayor and City Council, Dubuque, Iowa. Re: Claim of Mildred Eye Gentlemen; Ott April 3, 1939, there was referred to me for investigation attd report by }=our Honorable Body the claim of Miss Mildred Eye filed April 1, 1939, in the sum of $300.00 for injuries alleged to have been sustained by her on the 3rd day of February, 1939, ou the Easterly side of Roosevelt Street and near Rhomberg Avenue, and in front of the Giese home, in a fall upon an icy side- walk at the time and place in question, said fall alleged to have been due to the rough, icy condition of the sidewalk and caused by the negligence of~the City of Dubuque. I have completed investigation of this claim and find uo liability on the part Special Session, July 20th, 1939, of the City and, therefore, recommend that the claim be disallowed. I am returning claim herewith, Respectfully submitted, AL, J. NELSON, City Solicitor. Councilman Van Duelman moved that the recommendation of City So- licitor Nelson be approved and that the claim be disallowed. Seconded by Coun- cilman Clark. Carried by the following vote: Yeas-Mayor Murphy, Comtcil- men Clark, Thompson, Van Duelman, Wharton, Nays-None. July 7, 1939. Honorable Mayor and City Council, Dubuque, Iowa. Re: Claim of Catherine Roche Gentlemen: On May 12th, 1939, there was re- ferred to this office by your Honorable Body the claim of Catherine Roche filed April 2S, 1939, in the sum of $300.00 for injuries alleged to have been sustained by her on March 18, 1939, in a fall upon the sidewalk on the north side of West Seventh Street, be- tween Locust and Bluff Streets, and at approximately in front of the Elks Club, which injuries alleged in said claim were caused by the defective con- dition of said sidewalk, and due to the negligence of the City of Dubuque, I beg to advise that I have complet- ed investigation of this claim and made a personal investigation and inspection of the sidewalk at the time and place itt question and find no defect in said sidewalk which might be made the sub- ject matter of a suit for injuries against the City. I find no liability on the part of the City, and am, therefore, compelled to recommend that the claim be disallowed. I am returning the claim herewith, Yours very truly, AL. J. NELSON, City Solicitor. Councilman Van Duelman moved that the recommendation of City Solici- tor Netsou be approved and that the claim be disallowed. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. July 7, 1939, Honorable Mayor and City Council, Dubuque, Iowa. Geutlemen:- On May 12, 1939, there ~t•as referred to me for investigation and report the claim of H. J. Hazewinkle dated A4ay 1, 1939, in the sum of $8.00 for damages 211 alleged to have been sustained by him for injuries to his automobile on April 3, 1939, by running into a hole in the street at or near the intersection of Bryant and Rush Streets, Said claim al- leging said injuries were due to the negligence of the City and to the de- fective condition of said street. I beg to advise that I have completed investigation of this claim and find that at the time and place in question there ryas a defect in Bryant Street consisting of a fairly large hole which was allowed to remain itt the street fora consider- able length of time, and I am advised by certain neighbors living in that vi- cinity they reported the condition of the street to the proper city authorities before the time of this accident. In view of these facts and under these circumstances it would appear that the City is liable and I would, therefore, recommend that upon the execution of a receipt and release by Mr. Hazewinkle, that a warrant be drawn pa}=able to H. J, Hazewinkle in the sum of $8.00 iii full settlement of said claim. I am returning the claim herewith. Yours very truly, AL. J. NELSON, City Solicitor. Councilman Van Duelman moved that the recommendation of City Solici- tor Nelson be approved and that a war- rant in the amount of $8.00 be ordered drawn in favor of H. J. Hazewinkle as settlement in full of his claim for dam- ages sustained to his automobile caused itt striking a hole itt the street at or near the intersection of Bryant and Rush Streets and that said warrant be delivered upon the execution of a re- ceipt and release by the claimant, H, J, Hazewinkle. Seconded by Councilman Clark. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, 1Vhartott. Nays-None, Resolution No. 127-39 IVhereas, The City of Dubuque, pur- suant to au advertisement for bids on the furnishing of fire apparatus, did on the Sth day of July, 1939, at ten o'clock A. &I, at the City Clerk's office in the City Hall, Dubuque, Iowa, receive bids for the furnishing of two triple cambi- natiott fire engine pumpers, which said bids were taken under advisement by the City Council; and 1Vhereas, The proposals have been compared and examined and this Coun- cil has determined that the most favor- able proposal received was submitted by the Waterloo Construction Com- pany; Now, Therefore, I r . ;' R' i,~,~ h''~.. 'j j ' ~: 212 Special Session, July 20th, 1939. Be It Resolved by the City Council of the City of Dubuque, Iowa, that the contract for the furnishing of two 1000-gallon triple combination fire en- gine pampers in the amount of $18,900 he awarded to the Waterloo Construc- tion Company, Waterloo, Iowa, and that the contract hereto attached is ap- proved and made a part hereof and the Mayor and Clerk be and they are here- by authorized and directed to execute the same on behalf of the City of Du- buque. Re It Further Resolved that this res- olution being deemed urgent and of im- mediate necessity become effective from and after its final passage and adoption by the City Council. Approved and placed on file for one week on July Z0, 1939. Councilman Clark moved that the resolution be approved and that the resolution and contract be ordered placed ou file for public inspection for at least one week. Seconded by Coun- cilman Van Duelman. Carried by the following vote: Yeas-Mayor nlurphy, Councilmen Clarlc, Thompson, Van Duelman, Wharton. Nays-None. There being no further business Councilman Van Duelman moved to adjourn. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Murphy, Council- men Clark, Thompson, Van Duelman, 1Vharton. Nays-None. J. J. Sx1:A, City Clerk. Approved _____________________ 1939. Adopted _______________________ 1939. {I----------------------- - Councilmen: i_______________________ € Attest: ----------------------------- City Clerk. Special Session, July 20th, 1939. 213 Board o f H e a l t h or such other action as the Council or Board of Health may determine, Dated this 20th day of July, 1939. . (Official) G$O. R. MURPHY, Special Session, July 20th, 1939, Mayor. Board met at 8:45 P. M, Present~Chairman Geo. R. Murphy, Messrs. Carl A Clark, F. W. Thomp- son, Frank Van Duelman, Albert Wharton, Special Order and Notice From Board of Health Attest: J, J, SH$A, Clerk, You are further notified that prosecu- tion will follow a failure to comply with this order and notice, or such further action will betaken as to the'Council or Board of Health may seem proper, Signed AI,B$RT J. FNTRING~R, Health Officer. TIr. Frank Van Duelman moved the adoption of the resolution. Seconded by Mr. Carl A. Clark. Carried by the following vote: Yeas-Chairman Geo. R. Murphy, Messrs, Carl A. Clark, F. W. Thompson, Frank Van Duelman, Albert Wharton Nays-None. To Voelker Realty Company, 1300 Cen- tral Avenue, (property-1730 N. Al- gona St.) You are hereby notified that on the 20th day of July, 1939, the Local Board of Health for the City of Dubuque adopted a resolution ordering you to abandon and remove the outside water closet, privy or privy vault located upon the premises described therein and to clean the same; also to connect said premises with the sanitary sewer and install sanitary toilet and toilet facilities and connect the same with said sewer, all of which to be done within Thirty (30) days from the date of said resolutton, a copy of which is herein set out and is as follows: Resolution No, 128.39 Resolution of the Board of Health Be It Resolved by the Board of Health of the City of Dubuque, Iowa, that it is deemed necessary that I,ot' No, 221, Woodlawn Park Add., 1730 N. Algona Street, owned by Voelker Realty Co., be connected with sanitary sewer; that the outside water closet, privy or privy vault upon said premises be abandoned and removed and said vault cleaned and that a sanitary toilet and toilet facilities be installed and con- nections made with the sanitary sewer. Be It Further Resolved, That said Voelker Realty Company be notified to remove and abandon the outside water closet, privy or privy vault located upon the premises above described and to clean said vault; that said property be connected with the sanitary server and that sanitary toilet and toilet facilities be installed and connections made with said sewer, all of which to be done within Thirty (30) days from the date hereof, Be It Further Resolved, That said Voelker Realty Co, be notified of the action of this Board by the service of a written notice together with a copy of this resolution. Failure to comply with the terms hereof within the time stated shall be followed by prosecution Special Order and Notice From Board of Health To John Schaul, 1807 Prescott Street. You are hereby notified that on the 20th day of July, 1939, the Local Board of Health for the City of Dubuque adopted a resolution ordering you to abandon and remove the outside water closet, privy or privy vault located upon the premises described therein and to clean the same; also to connect said premises with the sanitary sewer and install sanitary toilet and toilet facilities and connect the same with said sewer, all of which to be done 4vithin Thirty (30) days from the date of said resolution, a copy of which is herein set out and is as follows: Resolution No. 129-39 Resolution of the Board of Health Be It Resolved by the Board of Health of the City of Dubuque, Iowa, that it is deemed necessary that N. I?. 38" of S. $. 1S0' of l,ot 595, Ham's Add, owned by John Schaul, 1807 Pres- cott Street, be connected with sanitary sewer; that the outside water closet, privy or privy vault upon said premises be abandoned and removed and said vault cleaned and that a sanitary toilet and toilet facilities be installed and con- nections made with the sanitary sewer. Be It Further Resolved, That said John Schaul be notified to remove and abandon the outside water closet, privy or privy vault located upon the prem- ises above described and to clean said vault; that said property be connected with the sanitary sewer and that sani- tary toilet and toilet facilities be in- stalled and connections made with said sewer, all of which to be done within Thirty (30) days from the date hereof. Be It Further Resolved, That said John Schaul, be notified of the action ~~'~~~ ' :; i i.~ i . ,I af, `~i ..:'1 Q;' t. G ' ~, f .•f~ ~~~5 ~~ ~ ~~~ I~ 16 ;. i ~ r, :I1 ~~ ~~,L ' _ g ' ' I i~'~ ~" f ?~~ tl ;~ ;~~~ _ 'I LII, . ,•s, ~!~II i~i~,, ' `~: ,I 214 Special Session, of this Board by the service of a writ- ten notice together with a copy of this resolution Failure to comply with the terms hereof within the time stated shall be followed by prosecution or such other action as the Council or Board of Health may determine. Dated this ZOth day of July, 1939. GIaO. R. MURPHY, Mayor, Attest: J. J. SHFA, Clerk. You are further notified that prosecu- tion will follow a failure to comply with this order and notice, or such further action ta~ill be taken as to the Council or Board of Health may seem proper. Signed AI,B~RT J. 1:NTRING$R, Health Officer. Mr. Frank Van' Duelman moved the adoption of the resolution. Seconded by Mr. Carl A, Clark. Carried by the following vote: YeasJChairman Geo. R, Murphy, Messrs, Carl A, Clark, F. W. Thompson, Frank Van Duelman, Albert Wharton. .Nays-None. Special Order and Notice From Board of Health To Seippel Lumber Company, S S. Lo- cust Street, (property 2510 Roosevelt St.) You are hereby notified that on the 20th day of July, 1939, the Local Board of Health for the City of Dubuque adopted a resolution ordering you to abandon and remove the outside water closet, privy or privy vault located upon the premises described therein and to clean the same; also to connect said premises r ith the sanitary sewer and install sanitary toilet and toilet facilities and connect the same with said sewer, all of which to be done within Thirty (30) days from the date of said resolution, a cop}= of which is herein set out and is as follows: Resolution No. 130-39 Resolution of the Board of Health Be It Resolved by the Board of Health of the City of Dubuque, Iowa, that it is deemed necessary that I,ot 2 of 7 of Peil's Sub., 2510 Roosevelt Street, owned by Seippel Lumber Com- pany (2510 Roosevelt Street) be con- nected with sanitary sewer; that the outside water closet, privy or privy vault upon said premises be abandoned and removed and said vault cleaned and that a sanitary toilet and toilet facilities be installed and connections made with the sanitary sewer. Be It Further Resolved, That said Seippel Lumber Company be notified to remove and abandon the outside water closet, privy or privy vault located upon the premises above described and July 20th, 1939. to clean said vault; that said property be connected with the sanitary sewer and that sanitary toilet and toilet facili- ties be installed and connections made with said sewer, all of which to be done within Thirty (30) days from the date hereof, Be It Further Resolved, That said Seippel Lumber Company be notified of the action of this Board by the service of a written notice together with a copy of this resolution. Failure to comply with the terms hereof within the time stated shall be followed by prosecution or such other action as the Council or Board of Health may determine. Dated this 20th day of July, 1939. G];O. R, MURPHY, Mayor. Attest: J, J. SH$A, Clerk. You are further notified that prosecu- tion will follow a failure to comply with this order and notice, or such further action will be taken as to the Council or Board of Health may seem proper. Signed AI,B$RT j. $NTRING$R, Health Officer, Mr. Frank Van Duelman moved the adoption of the resolution. Seconded by Mr. F. W. Thompson. Carried by the following vote: Yeas-Chairman Geo. R. Murphy, Messrs. Carl A. Clark, F. W, Thompson, Frank Van Duelman, Albert 1Vharton. Nays-None. There being no further business Mr. Frank Van Duelman moved to adjourn. Seconded by NIr. Albert Wharton. Car- ried by the following vote: Yeas- Chairman Geo. R. Murphy, Messrs. Carl A. Clark, F. W. Thompson, Frank Van Duelman, Albert Wharton. Nays -None, L J• SH)A, Clerk, Board of Health. Approved -------------------- 1939. Adopted --------------------- 1939. - -- -- - - - ----------------------- Members of Board of ----------------------- Health L----------------------- Attest: ----------------------------- Clerk, Board of Health, Regular Session, August 7th, 1939. City Council (Official.) Regular Session, August 7, 1939. Council met at 8:30 P. M. Present-Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton, City Manager Rhomberg. Mayor Murphy stated trot 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. Proof of publication, certified to by the publishers, of the notice of a public hearing upon the Budget ];stimate of $xpenditures for the fiscal year begin- ning April 1st, 1940, and ending March 31st, 1941, as a basis for the tax levy for the year 1939, the same to be col- lected in the year 1940, presented and read. Councilman Clark moved that the proof of publication be received and filed. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton, Nays-None. No written objections were filed, and no objectors were present in the Coun- cil Chamber, to the Budget );stimate of $xpenditures for the fiscal year begin- ning April 1st, 1940, and ending March 3lst, 1941. 215 ~,~' Ali ., kl ':? t E-..iyp I`~ ~ ;' ~ ~ •;~ 4 -;l , l Yl r: E rye, ~~ r ~'FFIppI ` I~[, I'i' ~tjp ~,~ €. III .~ ~I. j'~ ~ ~~';~ „I, ,, I~ j ~;~ I~~.I! I• ~h-~ ~~ ~' '~' ~~I.~'~i "' ~