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1939 November Council Proceedings288 Regular Session, November 6th, 1939, 289 City Council (Official,) Regular Session, November 6th, 1939. Council met at 8:00 P. M. Present-Mayor Murphy, Council- men Clark, Thompsoh, Van Duelman, Wharton, 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, Notice of Claim of ]:. A. Stewart, in the amount of $25.82 for damages to his automobile caused when a street washing truck backed into his automo- bile on Fenelon Place near the inter- section of Burch Street, presented and read. Councilman Clark moved to re- fer the notice of claim to the City So- licitor for investigation and report. Seconded by Councilman Thompson. Carried by the following vote: Yeas -Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Notice of Claim of Mrs. Lyle Kemp- ter, in an amount to cover doctor bills for injuries received by her five-year- old daughter caused in falling on a de- fective sidewalk on the south side of Fourteenth Street between White Street and Central Avenue, presented and read. Councilman Clark moved to refer the notice of claim to the City Solicitor for investigation and report. - Seconded. by Councilman Thompson. Carried by the following vote: Yeas- Mayor Murphy, Councilman Clark, - Thompson, Van Duelman, Wharton. - Nays-None. Petition of Disabled Veterans of the World War, requesting permission to conduct their annual Forget-Me-Not drive on November 11, 1939, presented and read. Councilman Van Duelman moved that the request be granted. Sec- onded by Councilman Thompson. Car- ried by the following vote: Yeas- Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Petition of The Salvation Army, re- questing permission for the holding of a tag day on November 11, 1939, pre- sented and read. Councilman Whar- ton moved that the request be granted for the holding of a tag day and that the date be set as November 18, 1939, Seconded by Councilman Van Duel- man. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton, Nays-None, Petition of Mettel Realty & Invest- ment Company, Property Management Brokers, Home Owners' Loan Cor- poration, requesting the rezoning of the property, known as I,ot 2 of 1 of 8 of Mineral I,ot 1S8 in order that the home located on said lot could be re- modeled into a duplex, presented and read. Councilman Wharton moved that the petition be referred to the Planning and Zoning Commission for their recommendation and report. Sec- onded by Councilman Clark, Carried by the following vote: Yeas=Mayor I1lurphy, Councilmen Clark, Thomp- son, Vau Duelman, Wharton, Nays- None. Petition of Retail Merchants' Bureau, requesting permission to erect Christ- mas street lighting decorations at the intersections on Main Street from Fourth to 11th Streets inclusive, also on )~ighth Avenue from Iowa Street to IIluff Streets inclusive, and on Seventh Street at Locust Street and also re- questing that the City assume the cost of the current for the electric lights to be placed in the business district from November 23,_1939, to January 2, 1940, presented and read. Councilman Van Duehnau moved that the request be granted tivith the provision that the Re- tail Mei~.~ants' Bureau furnish a Pub- lic _,._~~ility Bond in the amount of QS,000.00 to cover anv accidents which map occm•. Secopded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Murphy, Council- men Clark, Thompscn, Van Duelman, Wharton. Nays-None, Petition of Dubuque Women's Bowl- ing Association, requesting permission to erect two highway signs lettered "Welcome Women Bowlers, etc.;' one on the Rockdale Road and one where Highway No. 20 enters Dubuque, both signs to be placed about SO feet closer to Dubuque than the "Dubuque" city limits signs, presented and read. Coun- cilman Thompsmi moved that the peti- tion be referred to the City Manager with power to act. Seconded by Coun- cilman Clark. Carried by the follow- ing vote: Yeas-Mayor Murphy, Coun- cilmen Clark, Thompson, Van Duel- man, Wharton. Nays-None. Petition of Maizewood Insulation Company, requesting redress from the existing condition of Charter Street be- tween Main and Salina Streets and also requesting that a street light be placed at the intersection of Main and Charter Streets, presented and read. Councilman Clark moved that the rules be suspended for the purpose of allow- ing any one present in the 'Council Chamber, who wishes to do so, to ad- dress the Council. Seconded by Coun- cilman Thompson. Carried by the fol- lowing vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van 290 Regular Session, November 6th, 1939. Duelman, Wharton. Nays-None. Mr. George Homan addressed the Council requesting that the City Council view the requests as outlined in the petition of the Maizewood Insulation Company. Councilman Thompson moved that the petition be referred to the City Council to view the grounds. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Mur- phy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays- None. Petition of University of Dubuque, requesting the City Council to give serious consideration to the rerouting of bus service which now travels on Algona Street from Delhi Street to Bennett Street, presented and read. Councilman Wharton moved to refer the petition to the City Council. Sec- onded by Councilman Clark. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thomp- son, Van Duelman, Wharton. Nays- Noue. Petition of $. P. Kretz, requesting permission to erect a canopy over the sidewalk ou the Maiu Street entrance of their building located at the South- east corner of Main and West Sixth Streets, presented and read. Council- man Clark moved that the request be granted and that the City Solicitor be tnstructed to prepare the proper ordi- nance. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton, Nays-None. Petition of J. $. Kemler, requesting reductions on the assessments levied against the North % of I,ot 4 of O'Hare's Sub. for the paving of Grace Street and for the West Dubuque Sani- tary Sewer, presented and read. Coun- cilman Thompson moved that the peti- tion be referred to the City Manager for investigation and report. Seconded by Councilman Clark. Carried by the following vote: Yeas-Mayor Mur- phy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. - Petition of Mrs. Anna Theis, request- - ing the removal of the penalties on the special assessments levied against the ];ast 100 feet of the last 200 feet of - I,ot 17 of Sister's Addition in order that she may redeem the same, present- - ed and read. Councilman Clark moved that the petition be referred to the City Manager for investigation and re- port. Seconded by Councilman Thomp- son, Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None, Petition of ];dwin C. Kuehnle, re- questing arefund of the total amount of penalties due on special assessments for hots 11, 13, and 14 of 6, 7, 8, 9 of Quigley's Sub. 1S7 and for I,ot 8, O'Neill's Sub. No. 3, preseuted and read. Councilman Clark moved to re- fer the petition to the City Manager for investigation and report. Second- ed by Councilman Thompson. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-Noce. Petition of W. F. Allendorf request- ing arefund of the total amount of penalties which were paid on special assessments for I,ot 3S of part of Far- ley's Sub., presented and read. Coun- cilman Clark moved to refer the peti- tion 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 Duelman, Wharton. Nays-None. Petition of J. H. Wallis, by J. Allen Wallis, Tr,, requesting a refund in pen- alties paid on the redemption of tax certificates on Irot 7 of McClain's Sub. and on Iaot l of l of l of l of 16 of 11~IcClain's Sub, and I,ot 2 of 2 of 1 of Miu. I,ot 150, presented and read. Councilman Thompson moved to refer the petition to the City Manager for investigation and report. Seconded by Councilman Clarlc. Carried by the fol- lowing vote: Yeas-Mayot• Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Petition of Realty Investors Corpora- tion, requesting a refund of the penal- ties which were assessed against I,ot 164, Woodlawn Park Subdivision for the 1933-34-35-36 installntettts for street improvement, preseuted and read. Councilman Thompson moved to refer the petition to the City Manager for investigation and report. Secovd- ed by Councilman Clarlc Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thomp- son, Van Duelman, Wharton, Nays- Nane. Petition of Peter J. Seippel Lumber Company, requesting that a warrant in the amount of $401.43 be ordered drawn on the Special Banded Fund representing the penalties waived by the action of the City Council at their meeting of October 6, 1939, and includ- ed in the payment made to the County Auditor in effecting the redemption from Tax Sales for Special Assess- ments, presented and read. City Man- ager Rhomberg recommending that a warrant in the amount of $7.56 be or- dered drawn on the Special Bonded Fuud in favor of Peter J. Seippel Lum- ber Company representing the differ- ence in the penalties waived and or- dered refunded at the Council meet- ing of October 6, 1939, and the actual amount paid in the sum of $401.43 on Regular Session, November 6th, 1939. 291 the redemption of Tax Sales for Spe- cial Assessments. Councilman Clark moved that the recommendation of City Manager Rhomberg be approved and that the City Auditor be instructed to draw a warrant in the amount of $7.56 on the Special Bonded Fuud iu favor of Peter J. Seippel Lumber Com- pany to cover the difference in the to- tal amount of penalties actually paid and the amount ordered refunded at the Council tneeting of October 6, 1939, in the amount of $393.87, for redemption of Tax Sales on special assessments. Seconded by Councilman Thompson. Carried by the following vote: Yeas- 14layor Murphy, Councilmen Clark,. Thompson, Van Duelman, bVharton. Nays-None. Petition of Mrs. Frank ~. Leonard, referred to the "City Couucil b}~ the Board of Supervisors, requesting sus- pension of the 1938 taxes on I,ot S of 2 of City I,ot 720, 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, Petition of Mrs. Mary Byrne, re- ferred to the City Council by the Board of Supervisors, requesting suspension of the 1938 taxes on I,ot 8 of Finley Home Addition, presented and read. Councilman Van Duelman moved to refer the petition to the City Solicitor for investigation and report. Seconded by Councilman Clark. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Petition of George J. Roepsch, re- ferred to the City Council by the Boat•d of Supervisors, requesting suspension of the 1938 taxes on I,ot 82 of Mc- Craney's Addition, presented and read. Councilman Van Duelman moved to refer the petition to the City Solicitor for investigation and report. Seconded by Councilman Clark. Carried by the following vote: Yeas-Mayor Mur- phy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None, Petition of Mrs. R. A. French, to- gether with the attached petitions of property owners, requesting that the 1900 black on Delhi Street be rezoned so as to permit multiple housing, pre- sented and read. Councilman Wharton moved that the petition be referred to the Planning and Zoning Commission for their recommendation and report, Seconded by Councilman Van Duel- man. 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 reso- lution No. 178-39 served upon Wm. I,awther notifying him that the build- ing located upon City I,ot 193 has been declared a nuisance and requiring him to abate said nuisance on or before the 2nd day of December, 1939, pre- sented and read. Councilman Thomp- son moved that the return of service be received and filed. Seconded by Coun- cilman 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 resolu- tion No. 179-39 served upon the Du- buque Biscuit Company notifying them that the buildings located upon City hots 347 and 348 have been declared a nuisance and requiring them to abate said nuisance on or before the 2nd day of December, 1939, presented and read. Councilman Thompson moved that the !•eturn 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. Returns of Service, subscribed and sworn to by H. H. Howie, Building Commissioner, of condemnation resolu- tions No. 180-39 and No. 181-39 served upon Ivlary F, Doyle notifying her that the buildings located upon hots 2 and 4 of City I,ot SS5 and upon the North of City I,ot SS4 have been declared a nuisance and requiring her to abate said nuisance ott or before the 15th day of April, 1940, presented and read, Councilman Thompson moved that the returns 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. Return of Service, subscribed and sworn to by H. H. Howie, Building Commissioner, of condemnation reso- lution No. 182-39 served upon Klauer Julien Hotel Company notifying them that the building located upon City ];ot 195 has been declared a nuisance and requiring them to abate said nuisance on or before the 2nd day of December, 1939, presented and read. Councilman Thompson moved that the return of service be received and filed. Second- ed by Councilman Van Duelman, Car- ried by the following vote: Yeas- Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None, Returns of Service, subscribed and sworn to by H. H. Howie, Building 292 Regular Session, November 6th, 1939. Commissioner, of condemnation resolu- tion No. 183-39 served upon C. J. Jung- wirth and S. Wiedner notifying them that the buildiug located upon Lot 3 of Lot 9 of Union Addition has been declared a nuisance and requiring them to abate said nuisauce on or before the 2nd day of December, 1939, presented and read. Councilman Thompson mov- ed that the return of service be re- ceived and filed. Seconded by Council- man Vau Duelman. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Returns of Service, subscribed and sworn to by H. H. Howie, Building Commissioner, of condemnation resolu- tion No. 184-39 served upon Richard Fuhrmanu and John O'Brien notifying them that the buildiug located upon Lot 10, Central Addition, has been de- clared anuisance and requiring them to abate said nuisauce on or before the 2nd day of December, 1939, presented and read. Councilman Thompson tnoved that the returns of service be re- ceived and filed. Seconded by Couu- cilmau Van Duelman. Carried by the following vote: Yeas-Mayor Mur- phy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Return of Service, subscribed and sworn to by H. H. Howie, Building Commissioner, of condemnation reso- lution No. 185-39 served upon Anchor Investment Compan}~ notifying them that the building located upon the South % of I,ot 19 of Correll's Subdi- vision has been declared a nuisance and requiring them to abate said nuisance on or before the 2nd day of December, 1939, presented and read. Couucilmau Thompson moved that the return of service be received and filed, Seconded by Couucilmau Van Duelman. Carried by the following vote: peas-Mayor lvlurphy, Councilmen Clariz, Thompson, Van Duelman, Wharton. Nays-Noce. Return of, Service, subscribed and sworn to by H. H. Howie, Building Commissioner, of condemnation resolu- tion No. 186-39 served upon P. J, and ~~ Minnie Norton notifying them that the building located upon City Lot 238 has been declared a nuisauce and requiring them to abate said nuisance on or be- fore the 2nd day of December, 1939, presented and read, Councilman Thompson moved that the return of service be received and filed, Seconded by Councilman Vau 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 resolu- tion No. 187-39 served upon Patrick O'Shea notifying hinr that the buildings located upon Lot 1 of Mineral Lot 14S have been declared a nuisance and re- quiring him to abate said nuisance on or before the 2nd day of December, 1939, presented and read. Councilman Thompson moved that the return of service be received and filed. Seconded by Councilman Van Duelman. Carried by the following voter Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton, Nays-None. Returns of Service, subscribed and sworn to by H. H. Howie, Building Commissioner, of condemnation resolu- tion No. 188-39 served upon Wm. J. Robinson and J. P. Hanten notifying them that the buildiug located upon Lot 22, Union Addition, has been de- clared anuisance and requiring them to abate said nuisance on or before the 2nd day of December, 1939, presented and read. Councilman Thompson moved that the returns of service be received and filed. Seconded by Coun- cilman Van Duelman. Carried by the following vote: Yeas-Mayor Murph}~, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Return of Service, subscribed and sworn to by H. H. Howie, Building Commissioner, of condemnation resolu- tion No. 189-39 served upon Catherine Smith notifying her that the building located upon Lot 14, Yates' Subdivi- sion, has been declared a nuisauce and requiring her to abate said nuisance on or before the 2nd day of November, 1939, presented and read. Councilman Thompson moved that the return of service he received and filed. Second- ed by Councilman Van Duelman. Car- ried by the following vote: Yeas- Mayor Mwphy, Councilmen Clariz, Thompson, Van Duelman, Wharton, Nays-Noce, Returns of Service, subscribed and sta~orn to by H. H. Howie, Building Commissioner, of condemnation reso- lution No. 190-39 served upon 'C. F. Hay and Mrs. Prances Stark notifying them that the building located upon the East 33 feet 6 inches of City Lot 643 has been declared a nuisance and re- quiring them to abate said nuisauce on or before the 1Sth day of April, 1940, presented and read. Councilman Thompson moved that the returns of service be received and filed, Seconded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor il4urphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Return of Service, subscribed and sworn to by H. H, Howie, Building Commissioner, of condemnation reso- lution No. 191-39 served upon Realty Investors Corporation notifying them that the building located upon Lot 284, fast Dubuque Addition No .2 has been declared a nuisance and requiring Regular Session, November 6th, 1939. 293 them to abate said nuisance on or be- fore the 2nd day of December, 1939, presented and read. Councilman Thompson 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. October 10, 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 September, 1939, also a list of claims and list of payrolls for which warrants were drawn during the month of Sep- tember, 1939. Respectfully subtitted, 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 following vote: Yeas- Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. November 6, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen:- At the session of the City Council of September S, 1939, the communication of A. A. Burgmeier was received in vvhich repairs to Oak and Apple Streets were requested. The work requested has been com- pleted and the condition complained of has been remedied. Respectfully submitted, A. A, RHOMB$RG, City Manager. Councilman Thompson moved that the communication of City Manager Rhomberg be made a matter of record. Seconded by Councilman Clark. Car- ried by the following vote: Yeas- Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. November 6, 1939 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen:- At the session of the City Council held September 5, 1939, the petition of Bd. C. Kuehnle requesting a refund of penalties included in the redemption of special assessments on Lot 2S of Sis- ter's Addition was referred to the City Manager and City Treasurer for in- vestigation and report, A previous petition of Mr, Kuehnle's was acted on by the Council on August 7th involving the 6th, 7th, 8th, 9th, and 10th installments of the sewer assess- ment and penalties of $39.96 were paid the County Treasurer by the City. The 2nd, 3rd, 4th and 5th installments, how- ever, were involved in a Public Bidders' Safe to the County Auditor. Mr. Kuehnle has redeemed these as well, as follows: 2nd, 3rd, 4th, and 5th install- ments ______________________$173.78 Interest to date of sale Feb. 3, 1936 ------------------------ 121.27 Pour Percent (4°fo) penalty____ 11,82 Six Percent Interest 2/3/36 to 8/12/39 _____________________ 65.14 Advertising costs ______________ .40 $372.41 We recommend that a warrant in the amount of $123.79 be drawn on the Spe- cial Donded Fund in favor of $d. C, Kuehnle representing a refund of the amount paid in excess of the principal plus S°fginterest plus advertising costs. Such account is as follows: Total paid to County Auditor__$372.41 Principal amount-4 in- stallments ___________$173,78 Five Percent (5°Jo) In- terest-Jan. 22, 1931, to Aug. 12, 1939_____ 74.44 Advertising costs ______ .40 248.62 Refund _______________________$123,79 Respectfully submitted, A. A. RHOMB~RG, City Manager. OTTO P. PULS, City Treasurer. Councilman Clark moved that the recommendation of City Manager Rhomberg and City Treasurer Puls be approved and that the City Auditor be instructed to draw a warrant in the amount of $123.79 on the Special Bond- ed Fund in favor of ];d. C. Kuehnle representing a refund of the amount paid in excess of the principal plus S°fo interest plus advertising costs in the redemption of special assessments on Lot 25 of Sister's Addition. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Mur- phy, Councilmen Clark, Thompson, Vau Duelman, Wharton. Nays-None, November 6, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen:- The term of Mark Gavin as a mem- ber of the Dock Board expires Novem- ber 26, 1939. It is necessary that the City Council make an appointment for 294 Regular Session, November 6th, 1939. a three-year term expiring November 26, 1942. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Van Duelman moved that Mr. Mark Gavin be reappointed as a member of the Dock Board for a term of three years, said term expiring November 26, 1j42. Seconded by Coun- cilman Wharton. Carried by the fol- lowing vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. November 6, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlenten:- At the session of the City Council held October 2, 1939, the petition of Mr. and Mrs. Adam Link et al request- ing the rerouting of the Grandview bus to give service the entire length of Algona Street from 14th Street and then over New Highway Z0, as soon as completed, to Grandview Avenue was referred to me to confer with the offi- cials of the Interstate Power Company and to report to the Council. I have met with the officials of the transportation department and dis- cussed the proposed rerouting. It ap- pears that the proposal is not feasible for the following reasons: 1st:-It would involve a dangerous left-hand turn into arterial highway traffic; 2nd. -The part of St. Joseph Street from Algona Street to the New Highway- about I blocks-is unpaved and would be difficult for buses; 3rd.-The portion of New Highway 20 that would be traversed has no homes abutting and would, therefore, contribute no bus passengers nor bus revenue. For the reasons cited, I recommend that the petition be denied. Respectfully submitted, A, A. RHOMBI;RG, City Manager. Councilman Wharton 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 Duelman, Wharton. Nays-None. November 6, 1939, To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen:- The Planning and Zoning Commis- sion wishes to recommend to your Honorable Body the granting of the attached petition of Joseph P, Simones et al asking rezoning of the westerly end of Kirkwood Street in accordance with attached plat, Respectfully submitted, R. V. McKAY, Secretary, Planning and Zoning Commission. Councilman Clark moved that the recommendation of the Planning and 7,otting Commission be received and made a matter of record and that the City Solicitor be instructed to prepare the proper proceedings. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. November 6, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen:- The letter of Mettel Realty and In- vestment Company, dated October 7, 1939, and addressed to the City Coun- cil, received the attention of the Plan- ning and Zoning Commission at the meeting of November 3, 1939. This letter could hardly be considered a pe- tition as it is not from the owner of the property in question. Therefore, the Planning and Zoning Commission recommends to your Hon- orable Body that the request be denied. The petition is not in proper form. Furthermore, it is the sense of the Planning and Zoning Commission that the rezoning of single properties is not only illegal, but is repugnant to sound city zoning, The Commission feels that if there is a trend in this particu- lar neighborhood away frotn single family classification, such trend should be indicated by the signatures or other expressions of interest on the part of the majority of the property owners iu the block. Respectfully submitted, R. V. McKAY, Secretary, Planning and Zoning Commission. Councilman Clark moved that the recommendation of the Planning and Zoning Commission be received and made a matter of record. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Vait Duelman, Wharton. Nays-None. Oct. 20, 1939. Subject: Improvement to Water Works System At Dubuque, Iowa, and De- molition of Old Building, P. W. A. Docket Iowa 1684-F. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen:- On October 3, 1938, the City of Du- buque by resolution 107-38 accepted the offer of the United States of America to aid in financing the Construction of Improvements to Water Works Sys- tem and Demolition of Old Building, which project is known as P. W, A, Docket Iowa No. 1684-F. Subsequently Regular Session, November 6th, 1939. 295 the following contracts were awarded and completed as follows: Date awarded, original contract, date of completion and final contracts fol- low: Contract No. 1 Well-11-16-38; $17,- 542.00; 5-6-39; $19,773.10. Contract No.2 Reservoir-1-4-39; $38,365.00; 7-14-39; $38,365.00. Contract No. 3 Booster Pump-4-7- 39; $11,275.00; 9-6-39; $11,275.00. Contract No. 4 Gen'l (Bldg.)-2-3- 39; $52,769.00; 10-ZO-39; $54,481,40. Contract No, 5 Heating and Plumb- ing-2-3-39; $14,978.00; 10-20-39; $14,- 897.46. Contract No.6 1;lectrica1-2-3-39; $1,200.00; 10-20-39; $1,200.00. Contract No. 7 Deep Well Pump- 6-30-39; $9,998.00; 9-6-39; $9,998.00. Contract No. 8 Water Main-6-S-39; $4,917.72; 7-21-39; $4,917,72. Contract No. 9 Well House-6-30- 39; $4,650.00; 9-6-39; $4,650.00. (*) includes all change orders at a Total Completion cost of $159,- 557.68 and We hereby certify that the work of construction has been completed in substantial compliance with the re- quirements of the contract documents including the plans and specifications, We further certify that the contract amounts will be due the contractors in accordance with the terms of the con- tracts upon the filing of the required maintenance bonds and placing on file in the office of the City Auditor satis- factory proof that all bills and claims far material, service or expense in- curred in connection with said project have been paid or satisfied as shown on the following schedule; Contract No. 1 Well-C, W. Varner, Dubuque, Ia. _____$19,773.10 Contract No. 2 Reservoir- Anton Zwack, Inc., Du- buque, Ia, ________________ 38,365,00 Contract No. 3 Booster Pump -Climax Jong, Co., Clinton, Ia. _______________________ 11,275.00 Contract No. 4 General (Bldg.) -Anton Zwack, Inc., Dubuque, Ia. ________ 54,481,40 Contract No. S Plumbing and Heating-Linehan & Molo, Dubuque, Ia. ____.._______ 14,897.46 Contract No. 6 Electrical- United Elec, Co., Dubuque 1,200.00 Contract No. 7 Deep Well Pump-A. Y. McDonald Mfg, Co., Dubuque _______ 9,998.00 Contract No. 8 Water Main- Thos. Flynn Coal Co., Du- buque ____________________ 4,917.72 Contract No. 9 Well House- Thos. Flynn Coal Co„ Du- buque ____________________ 4,650.00 We respectfully recommend that your Honorable Body accept and ap-. prove the completion of P. W. A. Docket Iowa 1684-F, otherwise known as Improvements to Water Works Sys- tem at Dubuque, Iowa, and Demoli- tion of Old Building. Respectfully submitted, A, A. RHOMBERG, City Manager. J, J. HAIL, Water Superintendent, Subscribed and sworn to by A. A. Rhomberg, J. J. Hail before me, a notary public of the State of Towa in and for Dubuque County, this 20th day of October, 1939. Witness my hand and seal. GIaRALDINI; L. D$MKII;R, (Seal) Notary Public. My commission expires July 4, 1942. Councilman Van Duelman moved that the recommendation of City Manager Rhomberg and Water Super- intendent Hail be approved and .made a matter of record. Seconded by Coun- cilman Clark, Carried by the follow- ing vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton, Nays-None. October 20; 1939. Subject: Improvement to Water Works System at Dubuque, Iowa, and De- molition of Old Building, P. W. A. Docket Iowa 1684-F. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen:- We hereby certify that the work of construction on the above docket has been completed in substantial compli- ance with the requirements of the con- tract documents including the plans and specifications, We further certify that the contract amounts will be due the contractors in accordance with the terms of the contracts upon the filing of the required maintenance bonds and placing on file in the office of the City Auditor satisfactory proof that all bills and claims for material, service or ex- pense incurred in connection with said project have been paid or satisfied as shown on the following schedule: Contract No. 1 Well-C. W. Varner, Dubuque, Ia. _____$19,773.10 Contract No. 2 Reservoir- Anton Zwack, Inc., Du- buque, Ia. ________________ 38,365.00 Contract No. 3 Booster Pump -Climax $ng. Co., Clinton, Ia. _______________________ 11,275.00 Contract No. 4 General (Bldg.)-Anton Zwack, Inc., Dubuque, Ia. ________ 54,481.40 Contract No. S Plumbing and Heating-Linehan & Molo, Dubuque, Ia. ____________ 14,897.46 Contract No, 6 Electrical- 296 Regular Session, November 6th, 1939. United Elec. Co., Dubuque 1,200.00 Contract No, 7 Deep Well Pump-A. Y. McDonald Mfg. Co., Dubuque _______ 9,998.00 Contract No, 8 Water Maiu- Thos. Flynn Coal Co„ Du- buque ____________________ 4,917.72 Contract No. 9 Well House- Thos. Flynn Coal Co., Du- buque ____________________ 4,650.00 We respectfully recommend that your Honorable Body accept and ap- prove the completion of P. W. A. Docket Iowa 1684-F, otherwise ]mown as Improvements to Water Works Sys- tem at Dubuque, Iowa, and Demolition of Old Building. Respectfully submitted, CONSOER, TOWNSEND & QUINLAN. By Eugene A, Hardin, Subscribed and sworn to by Eugene A. Hardin before me, a Notary Public of the State of Iowa in and for Du- buque County, this 20th day of Octb- ber, 1939. Witness my hand and seal. GERALDINE L. DEMKIER, (Seal) Notary Public. My commission expires July 4, 1942. Councilman Van Duelman moved that the recommendation of Consoer, Townsend & Quinlan, Consulting En- gineers, be approved and made a mat- ter of record. Seconded by Council- man Clark. Carried by the following vote: Yeas-Mayor Murphy, Council- men. Clark, Thompson, Van Duelman, Wharton. Nays-None. Resolution No, 193-39 City of Dubuque, Iowa Whereas, On the 3rd day of October, 1938, the City of Dubuque, Iowa, by resolution 107-38 accepted the offer of the United States of America, to the City of Dubuque, Iowa, to aid in Financing the Construction of Im- provements to Water Works System and Demolition of Old Building, Docket Iowa No. 1684-F, and Whereas, The City of Dubuque, Iowa,. by resolution did award contr2cts for the Construction of Improvements to Water Works System and Demoli- tion of Old Building as follows: Date awarded, original contract, date of completion and final contract* fol- low: Contract No. 1 Well-11-16-38; $17,- 542.00; 5-6-39; $19,773.10. Contract No.2 Reservoir-1-4-39; $38,365.00; 7-14-39; $38,365.00. Contract No, 3 Booster Pump-4-7- 39; $11,275.00; 9-6-39; $11,275.00. Contract No. 4 Gen'I (Bldg,)-2-3- 39; $52,769.00; 10-20-39; $54,481.40. Contract No. S Heating and Plumb- ing-2-3-39; $14,978,00; 10-20-39; $14,- 897.46. Contract No. 6 Electrical-2-3-39; $1,200.00; 10-20-39; $1,200.00. Contract No. 7 Deep Well Pump- 6-30-39; $9,998.00; 9-6-39; $9,998.00. Contract No. 8 Water Main-6-5-39; $4,917.72; 7-21-39; $4,917.72. Contract No. 9 Well House-6-30- 39; $4,650.00; 9-6-39; $4,650.00. (*) includes all change orders at a Total Completion cost of $159,- 557.68 and Whereas, On the 20th day of Octo- ber, 1939, the Engineer, City Manager and Water Superintendent did certify, to the City Council that the work of Construction in comrection with said project had been completed by said contractors in substantial compliance tia*ith the requirements of the contract documents including the plans and specifications, and Whereas, After the examination by this City Council said construction and the certificate of the Engineers, City Manager and Water Superintendent appear to be acceptable; Now, There- fore, Be It Resolved by the City Council, of the City of Dubuque, Iowa, that said certificate of completion of the Engineers, City Manager and Water Superintendent be and the same are hereby accepted, approved and ordered placed on file in the office of the City Clerk, and Be It Further Resolved that the work of construction be and the same is here- by accepted on behalf of the City of Dubuque, Iowa, and the Auditor is hereby authorized and directed to pre- pare and deliver to the contractors, in accordance with the terms of the Con- tract documents, a warrant or warrants for final payment sufficient when added to payments already made to total au amount equal to their contract sum, The contract totals are as follotivs: Contract No. 1 Well-C. W. Varner, Dubuque, Ia. _____$19,773:10 Contract No. 2 Reservoir- Anton Zwack, Inc., Du- buque, Ia. ________________ 38,365.00 Contract No. 3 Booster Pump -Climax Eng, Co., Clinton, Ia. _______________________ 11,275.00 Contract No. 4 General (Bldg.)-Anton Zwack, Inc., Dubuque, Ia. ________ 54,481.40 Contract No. S Plumbing and Heating-Linehan & Molo, Dubuque, Ia. _ _________ 14,897.46 Contract No. 6 Electrical- United Elec, Co„ Dubuque 1,200.00 Regular Session, November 6th, 1939. 297 Contract No. 7 Deep Well Pump-A. Y, McDonald Mfg. Co., Dubuque _______ 9,998.00 Contract No. 8 Water Main- Thos. Flynn Coal Co., Du- buque -------------------- 4,917,72 Contract No. 9 Well House- Thos. Flynn Coa] Co., Du- buque ____________________ 4,650.00 Provided, however, that the con- tractor prior to delivery of said final payments shall place on file in the of- fice of the City Auditor satisfactory evidence that all' bills for service, ma- terials, labor and other costs incurred by the contractors itr connection with the construction of said project have been duly paid or satisfied. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity become effective from and after its adoption by the City Council, Passed, adopted and approved this 6th day of November, 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. Second- ed by Councilman Clark. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Resolution No, 194-39 Whereas, applications for Class "B" Beer Permits have been submitted to this Council for approval and the same have been examined; Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the following applications be and the same are hereby approved and it is ordered that the premises to be occupied by such appli- cants shall be forthwith inspected, Arthur J. Spahn (Transfer of address from 428 W, Locust) 410 Eighth Ave, Passed, adopted and approved this 6th day of November, 1939. GEO. R. MiJRPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL, A, CLARK, F. W, THOMPSON, Councilmen. Attest: J, J, SHEA, City Clerk. Councilman Vau Duelman moved the adoption of the resolution. Seconded by Councilman Thompson, Carried by the following vote; Yeas-Mayor Mur- phy, Councilmen Clark, Thompson, Van Duelman, Wharton, Nays-None. Resolution No, 195-39. Whereas, heretofore applications were filed by the within named appli- cants for Class "B" Beer Permits and they received the approval of this Coun- cil; and Whereas, the premises to be occupied by them have been inspected and found to comply with the ordinances of this City and they have filed a proper bond; Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the Manager be and he is hereby directed to issue to the following named persons a Beer Permit. Class "B" Permit _ Name Address Milton J. Kalmes, 1085 Julien Avenue Wm. Barrington and Glen Miller, 280 West First Street Morris Blum and William Maas, 700 East 16th Street George Hail, 332 Eighth Avenue Ray Nicks and Fred Herber, 521 East 22nd Street Vern Okey (Transfer of address from 2400 Central Ave.) 1766 Central Ave. Joseph Graff, 1046 Central Avenue, Be It Further Resolved, that the bonds filed by such applicants be and the same are hereby approved. Class "B" Permit Name Address Milton J. Kalmes, 1085 Julien Avenue Wm. Barrington and Glen Miller, 250 West First Street Morris Blum and William Maas, 700 East 16th Street George Hail, 332 Eighth Avenue Ray Nicks and Fred Herber, 521 East 22nd Street Joseph Graff, 1046 Central Avenue. Vern Okey (Transfer of address from 2400 Central Ave.) 1766 Central Avc, Passed, adopted and approved this 6th day of November, 1939. GEO. R. MURPHY, Mayor, FRANK VAN DUELMAN, ALBERT WHARTON, CARL, A, CLARK, F. W, THOMPSON, 'Councilmen, Attest; J. J. SHEA, City Clerk. 298 Regular Session, November 6th, 1939. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Clarlc. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clarlc, Thompson, Van Duelman, Wharton. Nays-None. November 6, 1939. Honorable Maya' and City Council, Dubuque, Iowa. Re: Tax Suspension Gentlemen: I have completed investigatiat for tax suspension and submit to you here- with the following: George Roepsch, 1324 Liucoht Avenue. Mrs. F. $. Leonard, 639 1Vest Fifth St. T~Irs. Mary Byrne, 1655 Asbury St. Yours very truly, AL. J. NELSON, City Solicitor. Councilman Thompson moved that the communication of City Solicitor Nelson be received and made a matter of record. Seconded by Councilman Clark. Carried by the following vote: Yeas-11layor Murphy, Couucilnen Clarlc, Thompson, Van Duelman, Wharton. Nays-None. The following decisions of the City Council relative to petitions requesting suspension of their 1938 taxes present- ed for Council approval: Mrs. F. E. Leonard requesting suspension of the 1938 taxes on Lot S of 2 of City Lot 720, request granted; Mrs. Mary Byrne requesting suspensimt of the 1938 taxes on Lot 8 of Finley Home Addition, re- quest grouted; George J. Roepsch re- questing suspension of the 1938 taxes, ou Lot 82 of McCrauey's Addition, request granted. Councilman Clark moved that the decisions of the City Council on the various tax petitions be approved and that the Board of Super- visors be notified of the action of the Cit}~ Council. Seconded by Council- man Van Duelman. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clarlc, Thompson, Van Dttelmau, Wharton. Nays-None. November 3, 1939. Honorable Mayor and City Council, Dubuque, Iowa. Re: Claim of John Schultz Gentlemen: On February 27, 1939, there was re- ferred to me for investigation and re- port the claim of John Schultz, filed February 20, 1939, in the sum of $3,000.00, for injuries alleged to have been sustained by claimant on Decem- ber 24, 1938, in falling on an accumula- tion of ice on the crosswalk across the alley on the South side of West Ninth Street between Main Street and Locust Street. I beg to advise that I have completed investigation of this claim and find no liability on the part of the City and, therefore, recommend that the claim be disallowed. I am returning the claim herewith. Yours very truly, AL, .J. NELSON, City Solicitor. Councilman Clark moved that the recommendation of City Solicitor Nel- son be approved and the claim ordered disallowed. Seconded by Councilman Van Duelman. Carried by the follow- ing vote: Yeas-11layor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. November 1, 1939. Honorable Mayor and City Council, Dubuque, Iowa. Re: Claim of Mrs. Mary E. Hense Gentlemen: Therc has been referred to me for investigation and report the claim of 114rs, tllary E. Hense, filed September 1S, 1939, iu the sum of Two Hundred ($200) Dollars, for damages ou account of injuries alleged to have been sus- tained by her on the 30th day of Au- gust, 1939, at about 10 o'clock A. M., while she taus walking upon a sidewalk on the Northerl}~ side of Fifth Street, between Iowa Street and Main Street, and iu front of the Linehan & Alolo office, when she alleges her foot became caught fn a hole in the cement side- walk and that she was thrown to the sidewalk with such force that she broke her right wrist and her spectacles. I beg to advise that I have com- pleted investigation of this claim and find that the sidewalk in question in front of the Linehan & Molo office is of full width, approximately 8 feet, and is almost perfect with the exception of a very small depression about 3 or 4 inches its diameter, and about 1 inch in depth. I am of the opinion that this depres- sion in the walls did not amount to or constitute a defect such as would ren- der the city liable in this case, and not only did the city have no actual knowl- edge of the existence of this depres- sion, but the company owning the prop- erty had no knowledge of its existence, and I do not believe that the character and size of this depression was such as to give the city constructive notice which is required as a condition prece- dent to liability. I find no liability on the part of the city, and, therefore, recommend that the claim be disallowed, Respectfully submitted, AL. J. NELSON, City Solicitor. Regular Session, November 6th, 1939. 299 Councilman Clark moved that the recommendation of City Solicitor Nel- son be approved and the claim ordered disallowed. Seconded by Councilman Van Duelman, Carried by the follow- ing vote: Yeas-Mayor Murphy, Coun- cilman Clark, Thompson, Van Delman, Wharton. Nays-None. November 2, 1939. Honorable Mayor and City Council, Dubuque, Iowa. Re: Claim of Mrs. Carl (Dora) Mauer. Gentlemen: At a meeting of the City Council held June 27, 1939, there was referred to me for investigation and report the claim of Mrs. Carl (Dora) Mauer, filed June 17, 1939, for damages for personal in- juries alleged to have been sustained by her on the 21st day of April, 1939, in a fall upon the curbing and gutter in front of St. Patrick's Church on the Southwest confer of Fifteenth Street and Iowa Street in the City of Du- buque, which said injuries were al- leged to have been due to the negli- gence of the City of Dubuque and which -claim was filed in the sum of $200. I beg to advise that I have complet- ed investigation of this claim and find that on the date in question claimant attended services at St. Patrick's Church at about the hour of 8.30 P. M., at the conclusion of said services she came out upon the sidewalk together with a number of other persons and in walking iu au Easterly direction upon said sidewalk she was accidentally brushed or pushed from the curbing, stepped into the gutter at a crosswalk crossing Fifteenth Street upon the Easterly side of Iowa Street, and that when she stepped into the gutter she stepped upon a grate over a catch ba- sin and the heel of her left shoe became caught in this grate causing claimant to fall and in falling she fractured her left leg in two places and also sprained and bruised her right ankle and left hand. Claimant was taken to the hos- pital, where she was a patient for 21 days and later confined to her home and her bed for a period of approxi- mately 4 weeks during which time she was under a doctor's care and unable to perform her household duties during that time. Investigation discloses that the grate over this catch basin consists of iron bars which are sufficient distance apart to permit the heel of a woman's shoe to become caught between these bars which condition as described, is, in my opinion, a culpable defect, particularly where such covering for such a catch basin is located in front of a church, public building or other place where a considerable number of people congre- gate attd use the sidewalk. I am of the opinion that the condi- tion of this grate and the fact and cir- cumstances surrounding the injuries ~ustaitted by this claimant indicate lia- bility on the part of the city and in view of the fact that claim was filed for only the amount of the expenses actually incurred by the claimant, I recommend that the claim be allowed in the sum of $200.00 and that upon her signing receipt and release, that a war- rant be drawn payable to Mrs. Carl (Dora) Mauer in full settlement of this claim. 'I am returning the claim herewith. Respectfully submitted, AL. J. NELSON, City Solicitor. Councilman Wharton moved that the reconmtendation of City Solicitor Nelson be approved and that the City Auditor Ue instructed to draw a war- rant ou the General Fuud in the amount of $200.00 iu favor of Mrs. Carl (Dora) Mauer as settlement in full of the personal injury claim, said claim resulting from a fall when she stepped upon a grate over a catch basic on the Southwest corner of Fifteenth and Iowa Streets, said warrant to be delivered upon the signing of a receipt and release by the said Mrs. Carl (Dora) Mauer. Seconded by Cowtcil- man Clark. Carried by the following vote: Yeas-Alayor Murphy, Comtcil- men Clark, Thompson, Van Duelman, Wharton. Nays-None. November 3, 1939. Honorable Mayor and City Council, Dubuque, Iowa. Re: Claim of Donald Morris Gentlemen: Prior to my assumption of that office, there was referred to the City Solicitor for investigation attd report the claim of Donald Morris in the sutra of $76.38 filed October 27, 1937, on account of damages alleged to have been sustained to his airplane in landing at the Munici- pal Airport on the 1st day of August, 1937, attd alleged to have been caused by the condition of the vegetable growth and weeds adjacent to the run- ways of said airport and alleged to have beets due to the negligence of the City. I beg to advise that I find no liability ou the part of the City in this matter and, therefore, recommend that the claim be disallowed. I am returning the claim herewith. Respectfully submitted, AL. J. NELSON, City Solicitor, 300 Regular Session, November 6th, 1939. Councilman Clark moved .that the recommendation of City ,Solicitor Nel- son be approved and that the claim be ordered disallowed. Seconded by Coun- cilman Van Duelman. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None, November 2, 1939. Honorable Mayor and City Council, Dubuque, Iowa. Re: Claim of Paul V. Weis. Gentlemen: Prior to my assumption of that office there was referred to the City Solicitor for investigation and report, the claim of Paul V. Weis filed August 24, 1937, in the total sum of $400.00, for injuries alleged to have been sustained on the 25th day of June, 1937, while claimant was walking in an Easterly direction on the North side of Cherry Street about one-half block from Asbury Street, when claimant stepped from the curb- stone mr to a number of larger stones in the street which he could not see due to defective lighting as the result of which he fell and broke his right ankle. I beg to advise that there is no lia- bility ou the part of the City with ref- erence to this claim, and I, therefore, recommend that the same be disal- lowed, I am returning claim herewith, Respectfully submitted, AL. J. NELSON, City Solicitor. Councilman Clark moved that the recommendation of City Solicitor Nel- son be approved and that the claim be ordered disallowed. Seconded by Coun- cilman Van Duelman. Carried by the following vote: Yeas-Mayor Mur- phy, Councilman Clarlc, Thompson, Van Duelman, Wharton. Nays-None. November 2, 1939. Honorable Mayor and City Council, Dubuque, Iowa. Re: Claim of Russel J. Smith, Gentlemen: Prior to my assumption of that office, there was referred to the City Solicitor for investigation and report the claim of Russell J. Smith, filed October 12, 1937, in the total sum of $796.00 on ac- count of damages alleged to have been sustained August 27, 1937, to his air- plane in making a landing in the Mu- nicipal Airport, said damages alleged to have been caused by the high weeds and vegetation growing upon the land- ing field and to have been due to neg- ligence of the City of Dubuque. I beg to advise that I have made an investigation of the facts and circum- stances surrounding this claim and find no liability on the part of the City, and, therefore, recommend that the claim be disallowed. I am returning the claim herewith. Respectfully submitted, AL. J. NELSON, City Solicitor. Councilman Clark moved that the recommendation of City Solicitor Nel- son be approved and that the claim be ordered disallowed. Seconded by Coun- cilman Van Duelman. Carried by the following vote: Yeas-Mayor Mur- phy, Councilmen Clark, Thompson,Van Duelman, Wharton, Nays-None. November 2, 1939. Honorable Mayor and City Council, Dubuque, Iowa. Re: Claim R. J. Byam. Gentlemen: On June 27, 1939, there was referred to me for investigation. and report the claim of R. J. Byam, filed June 10,1939, iu the sum of $1323, for damages to the windshield of his automobile alleged to have been caused on June 4, 1939, by a foul ball driven from the Municipal Baseball Park during the course of a ball game. I beg to advise that I have completed investigation of this claim and find no liability on the part of the City, and, therefore, recommend that the claim be disallowed. I am returning the original claim herewith. Respectfully submitted, AL. J. NELSON, City Solicitor, Councilman Clark moved that the recommendation of City Solicitor Nel- son be approved and that the claim be ordered disallowed. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Mur- phy, Councilmen Clark, Thompson, Van Duelman, Wharton, Nays-None. November 1, 1939. Honorable Mayor and City Council, Dubuque, Iowa. Re: Claim of Mrs, Kathryn Kanavas Gentlemen: On December 31, 1938, there was re- ferred to me far investigation and re- port the claim of Mrs. Kathryn Kana- vas filed Derember 27, 1938, in the sum of Five Thousand ($5,000) Dollars for damages on account of injuries alleged to have been sustained by her on the 12th day of December, 1938, when she stepped into a depression or hole in a rock-curbing at the end of the South- erly sidewalk on East 17th Street be- Regular Session, November 6th, 1939. 301 tween Elm and Washington Streets, and at the Easterly side of the alley be- tween said Elm and Washington Streets, beg to advise so that I have completed investigation of this claim and find that the accident in question did happen as set out in said claim, and that at the time and place in question there was a rock curbing at the end of the sidewalk on the Easterly side of this alley, and that a piece of this curb- ing, approximately 6 inches in depth and 9 inches long had broken from the curbing, leaving a hole or depression into the curbing into which the claim- ~ ant stepped, causing her to fall. I further find that as a result of in- vestigation made that the claimant at the time of the accident was a woman of Large stature and of considerable weight, and that when she fell she struck this curbing causing a fracture of the sacrum necessitating X-Ray ex- amiuations, hospital care for approxi- mately two weeks, and medical care for almost four months during which time claimant was confined to her bed and unable to' perform her household duties, ~~ I further find from investigation made in this case that prior to the time of this accident actual notice of the con- dition of this curbing had been given to the city by a former employee of the _ city, and find and am satisfied that the condition of this curbing constituted a culpable defect for which the city was liable. 1' Under date of August 4, 1939, there was filed with the City Clerk a com- munication from the claimant herself in which she sets out expenses incurred as the result of said fall in the total sum of $442.80. This does not include any item ~, or amount for pain, suffering or per- manent injury. I beg to advise that I have effected settlement of this claim for the sunr of $442.80 and respectfully recommend that upon her execution of a receipt and release herewith enclosed, warrant be drawn iu the sum of $442.80, payable to Mrs. Kathryn Kanavas. I am returning the claim and com- munication herewith. Respectfully submitted, AL. J. NELSON, City Solicitor. tween Elm and Washington Streets, and at the Easterly side of the alley be- tween ];lm and Washington Streets, said warrant to be delivered upon the signing of a receipt and release by the said Mrs. Kathryn Kanavas. Seconded by Councilman Clark, Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. There being no further business, Councilman Clark moved to adjourn Seconded by Councilman Van Duel- man. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. J. J• SH$A, City Clerk. Approved ______________________1940, Adopted ________________________1940. Councilmen: _______________________ Attest: ----------------------------- City Clerk. Councilman Van Duelman moved that the recommendation of City So- licitor Nelson be approved and that the City Auditor be instructed to draw a warrant on the General Fund in the amount of $442,80 in favor of Mrs. Kathryn Kanavas as settlement in full of her personal injury claim, said claim resulting from a fall caused when she stepped into a depression or hole in the rock-curbing at the end of the Sotuh- erly sidewalk on East 17th Street be- 302 Special Session, November 27th, 1939. City Council (Official) Special Session, November 27th, 1939. Council met at 6:00 P. M. Present-Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton, City Manager Rhomberg. Meeting called by order of Councilmen Vau Duelman 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 petitions requesting suspension of their 1938 taxes and acting on any other business as may properly come before a regular meeting of the City Council, Notice of Claim of Joe P. Heim in an unstated amount for personal injuries received in a fall on an icy sidewalk at 20th and Central Avenue, stating that the accident was caused due to the sprinkling of said street by the street sprinkler, after which ice formed on the sidewalk, presented and read. Coun- cilman Clark tnoved that the Notice of Claim be referred 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. Comunicatiou of J. M. Cleminshaw Co., Appraisal Engineers, relative to the revaluation of properties itt the City of Dubuque, presented and read. Coun- cilman Thompson moved that the com- munication be received and filed. Sec- onded by Comtcilman Clark. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clarlc, Thompson, Van Duelman, Wharton, Nays-Noce. Petition of Rretschmer Insurance Company requesting release of the Ex- cavation Bond of George F. Piuski, presented and read. Councilman Clark moved that the request be granted. Seconded by Councilman Wharton. Carried by the following vote: Yeas- Ma}ror Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Petition of Ryder Realty Company requesting permission for the installing of an area-way on the West Third Street side of the new Bus Station, pre- sented and read. Councilman Clark moved that the request be granted and that the City Solicitor be instructed to prepare a proper ordinace, the cost of publication of said ordinance to be borne by the Ryder Realty Company. Supervisors, requesting suspension of Carried by the following vote: Yeas- Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Petition of Perfection Oil Company requesting permission to erect a four inch light standard directly back of the curbing in front of their station at Rhombrg Avenue and Elm Street, presented and read, Councilman Clark moved that the request be granted and that the Perfection Oil Company be re- quired to furnish the City of Dubuque with a Public Liability Bond covering said light standard. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Petition of P. S. Fawkes, et al, re- questing the installation of a street light on Langworthy Avenue midway between Hill and Alpine Streets, pre- sented and •read. Councilman Van Duelman moved that the petition be referred to the City Manager with power to act. Seconded by Council- man Clark. Carried by the following vote: Yeas-Nlayor Murphy, Council- man Clark, Thompson, Van Duelman, Wharton. Nays-None. Petition of Midwest Lumber Com- pauy requesting the waiving of the pen- alties and other extra interest charges on the redemption of Lots 4, S and 6 of Grandview Heights Addition from delinquent tax sales which involves special assessments for the paving and sewerage on Plymouth Street, present- ed and read. Councilman Wharton moved that the petition be referred to the City Manager and City Treasurer for investigation and report. Seconded by Councilman Clark. Carried by the following vote: Yeas-Mayor Mur- phy, Councilmen Clarlc, Thompson, Van Duelman, Wharton. Nays-None. Petition of Interstate Power Com- pany requesting permission to erect structures across the alley at the Kretz Cafeteria located at Sixth and Main Streets and also at the Dubuque Medi- cal Association located at Twelfth and Main Streets for the purpose of mount- ing their wires and transformers, pre- sented and read. Councilman Wharton moved that the requests be granted and that the City Solicitor be instructed to prepare the proper ordinances the cost of publication of said ordinances to be borne by the petitioners. Seconded by Councilman Clark. Carried by the 401- lowing vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None, Petition of Julia E. Kemler, referred to the City Council by the Board of Supervisors, requesting suspension of Special Session, November 27th, 1939. 303 the 1938 taxes on the North / of Lot 4 of O'Hare's Subdivision, presented attd read. Councilman Van Duelman moved that the petition be referred to the City Solicitor for investigation and report. Seconded by Councilman Clark. Car- ried by the following vote: Yeas- Mayor Murphy, Councilman Clark, Thompson, Van Duelman, Wharton. Nays-None. Petition of Mrs. G. Waldorf, referred to the City Council by the Board of Supervisors, requesting suspension of the 1938 taxes on Lot 81 Langworthy's Addition, presented and read. Council- man Van Duelman moved that the pe- tition be referred to the City Solicitor for investigation and report. Seconded by Councilman Clark. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Vau Duelman, Wharton. Nays-None. Petition of A. J. Stapleton request- ing that he be reimbursed in the amount of $129.63 for work, labor and materials in repairing the sewer on Grandview Avenue in front of his resi- denre located at 864 South Grandview Avenue, presented and read. Council- man Van Duelman moved that the pe- tition be referred to the City Manager for investigation and report. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Mur- phy, Councilman Clark, Thompson,Van Duelman, Wharton, Nays-None. Council Proceedings for the month of September, 1939, presented for approv- al Councilman Clark moved that the Council Proceedings for the month of September, 1939, be approved as print- ed. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Proof of publication, certified to by the publishers, of a statement of re- ceipts and also a list of claims for which warrants were drawn during the month of September, 1939, 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, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Dubuque, Iowa, November 15th, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: In accordance with the provisions of Chapter 289 of the State Code of Iowa, 1935, as amended, the Civil Service Commission conducted a competitive examination for eligible list for appoint- meat to the position of Public Health Nurse, said examination being held on November 10th, 1939. The following list shows the names of those who passed the examination with an average of 70%o or better. Harriet L. Hilton____________91% Elmore J. Kleih______________8S/% Maude Hammond ___________83% Frances I. O'Meara__________80% Mary Herrmann ____________79'/z% Mary Catherine Koppes______79% Respectfully submitted, FRANCIS P. QUINN, M.D. Chairman, W. J. RAWSON, C. S. HARKER, Commissioners. J• J• SHEA, Clerk, Civil Service Com- mission. State of Iowa, County of Dubuque, ss: Subscribed attd sworn to before me a Notary Public in attd for Dubuque County, State of Iowa, this 15th day of November, 1939. GERALDINE L. DEMKIER, Notary Public, Dubuque County, Iowa. Councilman Clark moved that the communication and report of the Civil Service Commission be received and made a matter of record. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Whatton. Nays-None. November 10, 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 Wa- ter Department for the month of Octo- ber, 1939, also a list of claims and list of payrolls for which warrants were drawn, during the month of October, 1939. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Clark moved that the reports be received and placed on file. Seconded by Councilman Thompson. Carried by the following vote: Yeas- Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Resolution No. 196-39. Whereas, application for Class "B" Beer Permit has been submitted to this Council for approval and the same has been examined; Now, Therefore, 304 Session, November 27th, 1939. Be It Resolved by the Council of the City of Dubuque that the following ap- plication be and the same is hereby ap- proved and it is ordered that the prem- ises to be occupied by such applicant shall be forthwith inspected, Class "B" Permit. John S. Mayerle and Florence &Iayerle (Transfer of address frotn 400 Cen- tral Avenue) 116 West Sixth Street, Passed adopted and approved this 27th day of November, 1939. GIaO. R. MURPHY, Mayor, FRANK VAN DUI;I,MAN, AI,B$RT WHARTON, CARL, A. CLARK; F. W. THOIvIPSON, Councilmen. Attest: J. J. SHI;A, City Clerk, Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman 'Clarlc Carried by the following vote: Yea-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Naps-None. Resolution No. 197-39. Wheras, heretofore application was filed by the within named applicant for Class 'B" Beer Pertnit and has re- ceived the approval of this Council; and Whereas, the premises to be occupied 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 persons a Beer Per- mit. Class "B" Permit. Name Address Arthur J. Spahn (Transfer of address from 428 W. Locust St.) 410 Taighth Avenue. Be It Further Resolved that the bond filed by such applicant be and the same is hereby approved. Passed, adopted and approved this 27th day of November, 1939. G$O. R, MURPHY, Mayor, FRANK VAN DUIaT,MAN, ALB$RT WHARTON, CARL, A, CLARK, F, W. THOMPSON, Councilmen, Attest: J. J. SHIaA, City Clerk, Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilmat Clark. Carried by the fol- lowing vote: Yeas-Mayor Murphy, Councilman Clarlc, Thompson, Van Duelman, Wharton. Nays-None. Resolution No. 198-39. Resolution and Application for Perma- nent Transfer of Funds. Whereas, an emergency tax levy was made by the City Council of the City of Dubuque for use in supplementing the funds required for debt service dur- ing the fiscal year beginning April 1, 1939, and ending March 31, 1940, upon authority and approval of the State Comptroller; and Whereas, as of the 25th of Novem- ber, 1939, there were cash balances itr the Granding Fund of $6,123.72 and in the Improvement Fund of $4,154.56; and Whereas, there is now in the hands of the City Treasurer and credited to the $mergency Fund the sum of $24,- 134.54, which is available for transfer to the Grading and Improvement Funds above referred to for debt service; and Whereas, on November 1, 1939, Grad- ing Bonds in the amount of $10,000.00 and Improvement Bonds in the amount of $30,000.00 tnatured and Grading Bond Interest in the amount of $2,- 250.00 plus Improvement Bond Interest in the amount of $4,837.50 became due and payable; and Whereas, itr order to pay the obliga- tions due it is necessary to make trans- fers of $10,330.00 from the $mergency Fund to the Grading Fund and of $13,- 804.54 from the Zmmergency Fund to the Improvement Fund; and Whereas, before any transfer can be made from the $mergency Fund to any other fund, an application made to the State Comptroller for authority to make the transfer and his approval secured thereon; Now, Therefore, Be It Resolved by the City Council of the City of Dubuque that, subject to the approval of the State Comptroller, there be and there are hereby trans- ferred from the Iamergency Fund the sum of $10,330.00 to the Grading Fund and the sum of $13,804,54 to the Im- provement Fund, and the State Comp- troller is hereby petitioned to authorize and approve such transfers, Be It Further Resolved that, upon the approval of such transfer the Audi- tor of the City of Dubuque is directed to adjust his books accordingly and to Special Session, November 27th, 1939 notifv the Treasurer of such transfers, and such notification shall be accom- panied by a copy of this resolution and the record of its adoption. The resolution was passed, adopted, and approved by unantmous action of the City Council on the 27th day of November, 1939, and all members there- of signed their names thereto. G>:O, R. MURPHY, Mayor. FRANK VAN DUI;I,MAN, AI,B$RT WHARTON, CARL, A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SH1'A, City Clerk. Counciitnan Van Duelman moved the adoption of the resolution. Seconded by Councilman Clarlc. Carried by the following vote: Yeas-Mayor Mur- phy, Councilmen Clark, Thompson,Van Duelman, Wharton. Nays-None. Resolution No. 199.39. x Resolution and Application for Perma- Y. nent Transfer of Funds. Whereas, on November 1, 1939, Im- provement Bonds in the amount of $30,000.00 matured and Improvement Bond Interest in the Amount of $4,- 837.50 became due and payable; and _ Whereas, there is now in the hands of the City Treasurer and credited to the Improvement Fund the sum of $4,- 1S4.S6 which is to be supplemented by a transfer of $15,804.54 from the lamer- gency Fund; and Whereas, as of the 2Sth of Novem- ' ber, 1939, there were cash balances of ,~' $57,19320 in the Water Works General Fund and of $50,575.40 in the Water Works Sinking Fund; and Whereas, no Water Works Bonds nor interest are due and payable during the remainder of the current fiscal year and $35,000.00 in bonds and $6,862.50 became due and payable during the suc- ceeding year and therefore the require- ments of Section 6151-b1 of the Code of Iowa have been fully met; and Whereas, in order to pay the obliga- tions due it is necessary to make a transfer of $20,000.00 from the Water Works General Fund to the Improve- ment Fund; and Whereas, before any transfer can be made from the Water Works General Fund to any other fund, an application must be made to the State Comptroller for authority to make the transfer and his approval secured thereon; Now, Therefore, Be It Resolved by the City Council of the City of Dubuque that, subject to the approval of the State Comptroller, there be and there is hereby transferred 305 from the Water Works General Fund to the Improvement Fund the sum of $20,000.00, and the State Comptroller is hereby petitioned to authorize and ap- prove such transfer. Be It Further Resolved, that, upon the approval of such transfer the Audi- tor of the City of Dubuque is directed to adjust his books accordingly and to notify the Treasurer of such transfers, and such notification shall be accom- panied by a copy of this resolution and the record of jts adoption. The resolution was passed, adopted, avd approved by unanimous action of the City Council on the 27th day of November, 1939, and all members thereof signed their names thereto, G1aO. R. MURPHY, Mayor. FRANK VAN DU1•I,MAN, AI,B$RT WHARTON, CARL, A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J, SHFA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Clark, Carried by the following vote: Yeas-Mayoi• Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. November 16, 1939, Honorable Mayor and City Council, Dubuque, Iowa. Re: Claim of E. A. Stewart. Gentlemen: There has been referred to me for investigation and report the claim of $. A. Stewart filed October 14, 1939, for damages to his automobile sus- tained October 10, 1939, at or near the corner of Burch and Hill Streets in the City of Dubuque, when his automobile stopped about a car length from the rear of one of the street flushers and when, without knowing of the presence of the automobile, the employee operat- ing the street flusher backed same into and against Mr. Stewart's automobile, damaging the left headlight and fender. I find that this street flusher was en- gaged in a governmental function at the time of this accident, and for that rea- son there is uo liability on the part of the city, and I respectfully recommend that the claim be disallowed. I am returning the claim herewith, Yours very truly, AI,. J. NIa];SON, City Solicitor. Per Ia, Burds. Councilman Clark moved that the recommendation of City Solicitor Nel- son be approved and that the claim be disallowed. Seconded by Councilman Van Duelman. Carried by the follow- ing vote: Yeas-Mayor Murphy, Coun- 306 Special Session, November 27th, 1939. cilmen Clark, Thompson, Van Duel- man, Wharton. Nays-None. Resolution 200-39. Whereas, the City Council of the City of Dubuque, upon its own action, proposes to amend and change the zoning may of said City, in the follow- ing respects: By changing from "single-family res- idence district," to "two-family resi- dence district," the area described as follows: " From a point on the Northerly property line of Kirkwood Street 100 feet Easterly from the Easterly property line of Alta Vista Street, thence parallel to Alta Vista Street to the center line of the alley be- tween Kirkwood and Bellevue Strets, thence Easterly along the center line of said alley to the cen- ter line of Blake Street, thence Northerly along the center line of Blake Street to the center line of Bellevue Street, thence Easterly along the center line of Bellevue Street to the Easterly line of Eliza- beth Place extended, thence South- erly to the center line of Elizabeth Place, thence Westerly along the center line of Elizabeth Place to the Westerly property line of Cox Street, thence Westerly on aline 100 feet Southerly and parallel to the Southerly property line of Kirkwood Street to a point 100 feet Easterly from the Easterly property line of Alta Vista Street, thence Northerly on a line parallel to and 100 feet from the Easterly property line of Alta Vista Street to the point of be- ginning." Whereas, before said zoning map may be thus amended and changed it is necessary that a public hearing be held thereon; Now, Therefore, Be It Resolved by the City Council of the City of Dubuque that the City Clerk be, and he is hereby directed to cause to be published in the Dubuque Telegraph-Herald, a notice of a public hearing to be held by this Council upon the proposed changes and amendments, said meeting and hearing being hereby fixed at 7:30 o'clock P. M., December 18th, 1939, attd to be held in the Coun- cil Chamber in the City Hall, said no- tice to be published at least fifteen (1S) days before the date of said meeting, at which time all parties in interest and citizens shall have an opportunity to be heard. Passed, adopted and approved this 27th day of November, 1939. GEO. R, MU_I~PH`Y, 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 Mur- phy, Councilmen Clark, Thompson,Van Duelman, Wharton. Nays-None, Ordinance No. 31-39. An ordinance granting to E. P. Kretz, owner, his heirs and assigns the right to construct and maintain a canopy in front of and attached to a building located on the North 37 feet 11 inches of I,ot Twenty (20) in the City of Dubuque, Iowa, and prescribing the conditions of such per- mit, presented and read. Councilman Van Duelman moved that the reading just had be considered the first reading of the ordinance. Seconded by Coun- cilman Wharton. Carried by the fol- lowing vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Councilman Van Duelman moved that the rules be suspended requiring an or- dinance to be read on three separate days. Seconded by Councilman Whar- ton. Carried by the following vote: Yeas-illayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. The ordi- nance was then read a second time. Councilman Van Duelman moved that the reading just had be considered the second reading of the ordinance. Sec- onded by Councilman Wharton. Car- ried by the following vote: Yeas- Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. There being no further business, Councilman Clark moved to adjourn Seconded by Councilman Van Duel- man. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman,Whar- tou. Nays-None, J. J. SHEA, City Clerk. Approved ______________________1940, Adopted ________________________1940. ----------------------- Councilmen: ----------------------- Attest: ----------------------------- City Clerk. Regular Session, December 4th, 1939. 307 City C ouncil (Official) Regular Session, December 4th, 1939. Council met at 8:00 P. M. Present-Mayor Murphy, Council- men Clark, Thompson, Vau Duelmalt, 1Vhartou, City Manager Rbomberg. 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. Original Notice of Suit of Mary E. Hense itt the atnount of $1,000.00 as damages for personal injut•ies sustained in a fall on a defective sidewalk on the North side of West Fifth Street, be- tween Main and Iowa Streets, and in front of the building occupied by the Molo Oil Company, presented and read. Councilman Clark moved that the Orig- inal Notice of Suit be referred to the City Solicitor. Seconded by Council- man Thompson. Carried by the fol- lowing vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Resolution No, 198-39 Resolution and application for -perma- nent transfer of funds. 1AThereas, an emergency tax levy was made by the City Council of the City of Dubuque for use in supplementing the funds required for debt service dur- ing the fiscal year beginning April 1, 1939, and ending March 31, 1940, upon authority and approval of the State Comptroller; attd Whereas, as of the 2Sth of Novem- ber, 1939, there were cash balances in the Grading Fund of $6,123,72 and in the Improvement Fund of $4,154.56; and Whereas, there is now iu the hands of the City Treasurer and credited to the Emergency Fund the sum of $24,- 134.54, which is available far transfer to the Grading and Improvement Funds above referred to for debt ser- vice; and Whereas, ott November 1, 1939, Grading Bonds in the amount of $10,- 000.00 and Improvement Bonds in the amount of $30,000 matured and Grad- ing Bond interest in the amount of $2,250.00 plus Improvement Bond In- terest itt the amount of $4,837.50 be- came due attd payable; and Whereas, in order to pay the obliga- tions due it is necessary to make trans- fers of $10,330.00 from the Emergency Fund to the Grading Fund and of $13,- 804.54 from the Emergency Fund to the Intprovetnent Fund, and Whereas, before any transfer can be made from the Emergency Fund to any other fund, an application made to the State Cotnptrollet• for authority to make the transfer and his approval secured thereon; __ow, Therfeore, Be It Resolved, by the City Council of the City of Dubuque, that, subject to the approval of the State Comptroller, there be and there are hereby trans- ferred from the Etnrgency Fund the suns of $10,330.00 to the Grading Futtd attd the suns of $13,804.54 to the Im- provement Fuud, and the State Comp- troller is hereby petitioned to author- ize and approve such transfers. Be It Further Resolved that, upon the approval of such transfer the Aud- itot• of the City of Dubuque is directed to adjust his books acordittgly and to ttotity the Treasurer of such transfers, aitd such notification shall be accom- panied by a copy of this resolution and the record of its adoption. The resolution was passed, adopted, attd approved by unanimous action of the City Council ou the 27th day of November, 1939, and all members thereof signed their names thereto, GEO. R, MURPHY, Mayor. FRANK VAN DUEI,MAN, ALBERT WHARTON, CARL, A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J, SHEA, City Clerk. The above resolution and, application having been filed with the State Comp- troller, the transfer requested is hereby approved this 28th day of November, 1939. C. FRED PORTER, State Comptroller. Councilman Clark moved that the ap- proval of State Comptroller Porter be received and made a matter of record. Seconded by Councilman Thompson. Carried by the following vote: Yeas- Mayor Murphy, Councilmen Clark, Thompson, Vau Duelman, 'Wharton. Nays-None. Resolution No. 199-39. Resolution and application far per- manent transfer of funds. Whereas, on November 1, 1939, Im- provement Bonds in the amount bf $30,- 000.00 matured and Improvement Bond