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1939 Decmeber Council Proceedings306 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 Blalte 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 a line 100 feet Southerly and parallel to the Southerly property line of Kirkwood Street to a point 100 feet Easterly fi•om the Easterly property line of Alta Vista Street, thence Northerly ott 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, and 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, MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor 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 m front of and attached to a building located on the North 37 feet 11 inches of Lot 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- di[tance to be read on three separate days. Seconded by Councilman Whar- ton. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Vatt Duelman, Wharton. Nays-None. The ordi- nance was then read a second time. Councilman Van Duel[nan 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- tnan. 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 Council (Official) Regular Session, December 4th, 1939. Council met at 3:00 P. NI. Present-Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton, City Manager Rhomberg. Mayor Murphy stated that this is the regular monthly meeting of the City Co[t[tcil for the purpose of acting upon such business as tray properly came before the meeting. Original Notice of Suit of Mary E. Heuse itt the amount of $1,000.00 as damages for personal injuries sustained is a fall on a defective sidewalk on the North side of West Fifth Street, be- tween Maiu and Iowa Streets, and iu front of the building occupied by the Molo Oil Company, presented and read. Councilman Clark [noved 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. Whereas, an emergency tax levy was made by the City Councd of the City of Dubuque for use iu 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 2Sth of Novem- ber, 1939, there were cash balances in the Grading Fund of $6,123.72 and in the Improvement Fund of $4,1S4,S6; and 1Vhereas, 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 for transfer to the Gradiug 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 Lnprovement Bonds in the amount of $30,000 matured and Grad- ing Bond [merest in the amount of $2,250.00 plus Itprovement Bond In- terest in 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 Gradiug Fund and of $13,- 804.54 from the Emergency Fund to the Improvement Fund, and Whereas, before any transfer can be made from the Emergency Fund to any other food, an application made to the State Comptroller for authority to make the transfer and his approval secured thereon; __ow, Therfeore, Be It Resolved, by the City Cotmcil of the City of Dubuque, that, subject to the approval of the State Comptroller, there be and there are hereby trans- ferred firom the Etnrgency Fund the sum of $10,330.00 to the Grading Fund attd the s[ttn of $13,804.54 to the Im- provement Fund, 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- itor of the City of Dubuque is directed to adjust his books acordingly 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 its adoption. The resolutions was passed, adopted, attd approved by unanimous action of the City Council on the 27th day of November, 1939, and all members thereof signed their names thereto. GEO. R, MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Codncilinen, 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, Van Duelman, Wharton. Nays-Noce. Resolution No. 199-39. Resolution and application for per- manent transfer of funds. 1~Vhereas, on November 1, 1939, Im- provement Bonds in the amount bf $30,- 000.00 matured and Improvement Bond 30o Re;ular Session, December 4th, 1939.. Re;ular Session, December 4th, 1939. 309 Interest in the amount of $4,S37S0 be- came due and pa}~able; and Whereas, there is now iu the hands of the City Treasurer and credited to the Improvement Fund the sum of $4,- 154.56 which is to be supplemented by a transfer of $13,804.54 from the Emergency Fund; and bVhereas, as of the 25th of Novem- ber, 1939, there were cash balances of $57,193.20 in the tiVater Worlcs General Cued and of $50,575.40 in the Water Works Sinking Fund; and 1Vhereas, no ]Voter 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 nod 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 1Vhereas, in order to pay the obliga- tions due it is necessary to make a transfer of $20,000.00 from the Water Works Genera] 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 transfer- red from the Water 1Vorks General Fund to the Improvement Fund the sum of $20,000.00, and the State Comp- troller is hereby petitioned to authorize and approve such transfer. Be It Further Resolved, that upon the approval of such transfer the Aud- itor of the City of Dubuque is directed to adjust his books accordingly attd to notify 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 mtanimoits 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 DUEL,MAN, ALBERT WHARTON, CARL, A. C~,ARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. The above resolution and application having been filed with the State Contp- trollcr, the transfer requested is ap- proved this 2Sth day of November, 1939. C. FRED PORTER, State Comptroiler. Councilman Clark moved that the approval~of State Comptroller Porter be received and made a matter of rec- ord. Seconded by Councilman Thmup- sou. Carried by the following vote: Ycas-Nlayor Murphy, Councilmen Clark, Thompson, Van Dtdman, TVhar- ton. Nays-None. Petition of Board of Tntstees of ]Vest IIilf Chapel requesting that the sewer assessment levied against the North 40 Eeet of Irot 122 in Utuon Addition be remitted or in the event that said peti- tion is denied, then to cancel the inter- est and penalties on said assessment presented and read. Councilman Clarlc moved to refer the petition to the City Manager and City Treasurer for inves- tigation and report. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Mur- phy, Councilmen Clarlc, Thompson, Van Duelman, Wharton. Nays-None. Council Proceedings for the month of October, 1939, presented for approv- al. Councilman Thompson moved that the Council Proceedings for the mouth of October, 1939, be approved as print- ed. Seconded by Councilman Clark. Carried by the following vote: Yeas- Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Na}~s-None. Ordinance No. 31-39. An Ordinance granting to $. 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 Cit}~ of Dubuque, Iowa, and prescribing the conditions of such per- mit, said ordinance having been passed upon first and second readings on the 27th day of November, 1939, presented and read a third time. ORDINANCE N0. 31-39. Au Ordinance granting to E. P. Kretz, ottater, his heirs and assigns, the right to construct and maintain a can- opy in front of and attached to a build- ing located on the North 37 feet 11 inches of Trot Twenty (ZO) in the City of Dubuque, Iowa, and prescribing the conditions of such permit: BE IT ORDAINED BY THE CITY COUNCIIr OF THE CITY OF DUBUQUE: PARAGRAPH 831, Section 1 That E. P. Kretz, owner, his heirs and assigns, be and he is hereby grant- ed the right and authority to constntct and maintain a canopy in front of and attached to a building located on the North 37 feet 11 inches of Lot Twenty (20) in the City of Dubuque, Iowa, such canopy to be 11 feet 7 inches iu length, 10 feet 6 inches in width and 8 feet 6 inches above the sidewalk, and to be attached to the building located upon said lot and constructed over the entrance to the building otvued by E. P. Tiretz,located thereon, according to the plans filed with the building conunis- sioner of the City of Dubuque, and to be built under the supervision of the building commissioner of the City of Dubuque. PARAGRAPH 832, Section 2. it is understood and provided that such right, license and permission is herein granted, subject to the payment and assumption by the said $. P. Pretz, owner, of the cost of publication of this ordinance and subject to the continuous control of the City Council of the City of Dubuque, reserving the right to im- pose restrictions or conditions upon the enjoyment thereof, as may reasonably be necessary for the protection of the public interests, including the right to revoke and rescind such permission if at any time the public interests should require such revocation. If, and when such permit, right and license is re- voked by the City Council, );. P. Kretz, owner, his heirs or assigns, shall re- move such canopy at his or their owtt expense, or restore such part of the sidewalk as has been occupied thereby to the same condition as it was itt prior to the construction of such canopy. PARAGRAPH 833, Section 3. This ordinance shall be in force and effect ten (10) days from and after its final passage, adoption and approval by the City Council, and publication as provided by law, a,td the rights here- under shalt accrue to said );. P. Kretz, his heirs and assigns, when the provi- sions. hereof shall have been accepted by them. That the cost of publication of this ordinance enacted for the benefit of the said E. P. Kretz, shall be borne by E. P. Kretz, of Dubuque, Iowa. Passed upon first and second read- ings this 27th day of November, 1939. Passed, adopted and approved upon final reading this 4th day of December, 1939. GEO, R, MURPHY, Mayor. FRANK VAN DUEIaMAN, AI,B)aRT WHARTON, CARI, A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. ;1CCEPTANCE OF ORDINANCD BY OWNER T. P. I~•etz, owner, of the North 37 feet 11 inches of I,ot Twenty (20) in the City of Dubuque, Iowa, does hereby accept the terms, provisions and condi- tions of the ordinance adopted by the Citv Council of the City of Dubuque, designated as "Ordinance No. 31-39." "An Ordinance granting to E. P. T~retz, owner, his heirs and assigns the right to construct and maintain a can- opy in front of and attached to a build- ing 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 permit," this 5th day of December, 1939. E. P. KRETZ, Owner, Published officially in The Telegraph- Herald newspaper December 6th, 1939. J. J. SHEA, 12-6-1t City Clerk. Councilman Clark moved the adop- tion of the ordinance, Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Murphy, Councilme^ Clark, Thompson, Van Duelman, Wharton. Nays-None. December 4, 1939. 'lo the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Having received the attached petition of Mrs. R. A. French, which was re- ferred to the Planning and Zoning Commission by the City Council on November 9th, the latter Commission made a study of the existing conditions itt the entire neighborhood involved, and recommends to the City Council the re-zoning of the section of Delhi Street from Auburn Street to West Fourteenth Street, on both sides of the street, from the present Two Family Residence classification to a Multiple Residence District as per the attached plat. Respectfully submitted, R. V. McKAY, Secretary, Dubuque Planning attd Zoning Commission. H. H. H. Councilman Clark moved that the recommendation of the Planning and Zoning Commission be received and made a matter of record and that the City Solicitor be instructed to prepare the proper proceedings, Seconded by Couucihuan Van Duelman. Carried by the following Vote: Yeas-Mayor Mur- phy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. 310 Regular Session, December 4th, 1939. December 4, 1939. To the Honorable Nlayor and City Couucil, Dubuque, Iowa. Gentlemen: At the Counci] meeting of November 6th the petition of the Realty Investors Corporation requesting a refund of pen- alties due on Special assessments against Lot 164 of Woodlawn Park for the paving of Auburn Street (Fund 898) was referred to the City Manager for investigation and report. Dubuque County held a tax sale cer- tificate against the above lot and the principal amount of the delinquency was $71.08 and the cost to redeem was X138.78. I recommend that the City Auditor be authorized to draw a warrant on the Special Bonded Fund in the amount of $44.33 representing a refund of al] in- terest in excess of 5% per annum and all penalties included in the payment made to tkte County. Respectfully submitted, A. A. RHOMB$RG, City Manager. Councilman Wharton moved that the recommendation of City Manager Rhomberg be approved and that the City Auditor be instructed to draw a warrant on the Special Bonded Fund in the amount of $44.33 in favor of Realty Investors Corporation repre- senting a refund of all interest in excess of S% per annum and all penalties in- cluded in the payment made to the County on special assessments against Lot 164 of Woodlawn Park Sub. for the paving of Auburn Street. Seconded by Councilman Clark. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. December 4, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the Council meeting of November tith the petition of Mrs. Anna 'Pheis requesting a reduction in penalties on the delinquent special assessments against the $, 100 ft. of the 1;. 200 ft. i of Lot 17, Sister's Add. was referred to the City Manager for investigation and report. The records show that the delinquent special assessments for 1933-1934-1935 totalling $17.25 plus interest and penal- ties of $17.95 equal $35.20. 1 recommend that following the re- demption of the tax sale certificate held b}= Dubuque County that the City Au- ditor be authorized to draw a warrant in the special Bonded Fuud in the amount of $12.52, representing the re- fund of all interest in excess of 5%n per annum and all penalties included in the payment made to the County. Respectfully submitted, A. A. RHOMB$RG, ' City Manager. Councilman Van Duelman moved that the recommendation of City Man- ager Rhomberg be approved and that the City Auditor be instructed to draw a warrant on the Special Bonded Fund in the amount of $12.52 in favor of Mrs. Anna Theis representing a refimd of all interest in excess of 5% per annutn and all penalties included in the payment made to the County on special assess- ments against the $, 100 ft. of the 1•. 200 ft: of Lot 17, Sistet's Addi- tion. Seconded by Councilman Clark. Carried by the following vote: Yeas- Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, tiVharton. Nays-None. December 4, 1939. To the Honorable Mayor attd City Council, Dubuque, Iowa. Gentlemen: At the Council meeting of November 6th the petition of I3dwin C. Kuehnle requesting a refund of penalties due on special assessments for Lots 11, 13, and 14 of 6, 7, 8, 9 Quigley's Sub. of 157 and for Lot 8 of O'Neill's Sub. No. 3 was referred to the City Manager for iut=estigation and report. The records show that all of the above lots are delinquent for the West Dubuque Sewer (Fund 903) and in ad- dition Lot 8 of O'Neill's Sub. is delin- quent for the paving of Algona Street (Fund 921) and that al] of these de- ]inyuencies are involved iu tax sale cer- tificates held by Dubuque County. The principal amounts of the delinquencies and the costs of redemption are as fol- lows: Lots 11, 13, 14 of 6, 7, 8, 9 Quigley's Sub. of la7- Fund 903_________$65.10 attd $131.05 Lot 8 of O'Neill's Sub. No. 3- Fund 903_________$21.72 and $ 43.61 Fund 921_________$29.37 and $ 59,06 I recommend -that upon the redemp- tion of the tax sale certificates held by Dubuque County otf the above lots that the City Auditot• be authorized to draw a warrant on the Special Bonded Fttnd itt the amount of $78.50 ($43.58 for Lots 11, 13, 14 of 6, 7, 8, 9 Quigley's SuU. of 157; $14.76 fot• Fuud 903 and $20.16 for Futtd 921 against Lot 8, O'Neill's Sub. No. 3) representing the refund of all interest in excess of 5% per aumm~ and all penalties ihcluded in the pay- ment made to the County. Respectfully submitted, A. A. RHOMB$RG, City Manager. Regular Session, December 4th, 1939. 311 Councilman Clark moved that the recommendation of City Manager Rhomberg be approved and that the City Auditor be instructed to draw a warrant on the Special Bonded Fund in the amount of $78.50 in favor of I;d- wiu C. Kuehnle representing the re- fund of all interest itt excess of 5% Per annum and all penalties included in the payment made to the County on special assessments against Lots I1, 13, and 14 of 6, 7, 8, 9 of Quigley's Sub. of 157 and for I,ot 8 of O'Neill's Sub. No. 3. Seconded by Councilman Thompson. Carried by the following vote: Yeas- Mayor Murphy, Councilmen Clarlc, Thompson, Van Duelman, Wharton. Nays-None. Decembet• 4, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: At the Council meeting of November 6th the petition of W. F. Allendorf re- questing arefund of penalties due ott special assessments for Lot 35 of part of Farley's Sub, was referred to the City Manager for investigation, and report. There are delinquencies in Funds 822 and 839 involvd in a tax sale certificate to Dubuque County. The principal amount of the delinquencies and the costs to redeem are as follows; Fund 822_________$68.60 and $180.51 Fund 839_________$42.12 and $ 84.12 I recommend that upon the redemp- tion of the tax sale certificate held by Dubuque County against the above lot that the City Auditor be authorized to draw a warrant on the Special Bond- ed Futtd in the amount of $113.99 ($85.79-Fund 822 and $28.20-Fund 839) representing a refwtd of all inter- est in excess of S% per annum and of all penalties included in the payments made to the County. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Clark moved that the recommendation of City Manager Rhomberg be approved and that the City Auditor be instructed to draw a warrant on the Special Banded Fund itt the amount of $113.99 in favor of W. F. Allendorf representing a refund of all interest iu excess of 5% per an- num for all penalties included in the payments made to the County on spe- cial assessments against Lot 35 of part of Far(ey's Subdivision. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Mur- phy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None, December 4, 1939. To the Honorable Mayor and Citv Council, Dubuque, Iowa. Gentlemen: At the Couucil meeting of November 6th the petition of J, I:. Kemler re- questing reductions on asssessments against the N. / of I,ot 4 of O'Hare's Sub. for the paving of Grace Street (Fund 925) and for the West Dubuque Sewer (Fund 903) was referred to the City Manager for investigation and re- port. The records show that the assess- ments against the above lot for the West Dubuque Sewer were paid for 6 years, are delinquent for 3 years, with the 1940 installment soon to become due. The first five installments for the Grace Street paving were paid, three payments are delinquent, and the 1940 and 1941 still remain to be met. I recommend that upon the payment of the delinquent special assessments against the N, % of Lot 4, O'Hare's Sub. that the City Auditor be author- ized to draw a warrant on the Special Bonded Fund for the refund on all in- terest in excess of 5% per annum and all penalties included in the redemp- tion. Respectfully submitted, A. A. RHOMB);RG, City Manager. Cowtcilman Clark moved that the recommendation of City Manager Rhomberg be approved and that upon the payment of the delinquent special assessments by J. )~„ Kemler against the North % of Lot 4 O'Hare's -Sub. that the City Auditor be authorized to draw a warrant on the Special Bonded Fund in favor of J, >±, Kemler for the refund on all interest in excess of S% per annum and all penalties included in the redemption. Seconded by Council- mau Thompson. Carried by the fol- lowing vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, 1Vharton. Nays-None. December 4, 1939. To the Honorable Mayor and City Couucil, Dubuque, Iowa. Gentlemen: At the Couucil meeting of November 6th, the petition of J. H. Wallis by J. Allen 1Vallis, Tr., requesting a refund of penalties due on special assessments against Lot 7 of McClain's Sub. of Lots 1 of 1 of 1 of 16 of McClain's Sub, and 2 of 2 of 1 of Rlinera] Lot 1S0 in Fund 872 tivas referred to the City Manager for investigation and report. Dubuque County held tax certificates against the above lots and the principal amounts of the delinquency was $169.11 attd the cost to redeem was $291.80. 312 Session, December 4th, 1939. I recommend that the City Auditor be authorized to draw a warrant ou the Special Bonded Fund in the amount of $75.62 representing a refund of all in- terest i^ excess of S% per annum and al] penalties included in the payment made to the County. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Thompson moved that the recommendation of City Manager Rhomberg be approved and that the City Auditor be authorized to draw a warrant on the Special Bonded Fund itt the amount of $75.62 in favor of J. H. Wallis by J. Allen Wallis, Tr., re- presenting arefund of all interest iu excess of 5°fo per annum and all penal- ties included in the payment made to the county on special assessments against Lot 7 of McClain's Sub, and Lots 1 of 1 of 1 of 16 of McClain's Sub. and 2 of 2 of 1 of Mineral Lot 150. Seconded by Councilman Clark. Carried by the following vote: Yeas- bfayor Murphy, Cowtciltneu Clark, Thompson, Van Duelman, 1Vharton. Nays-None. December 4, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen; At the Council meeting held Novenr ber 27th the petition of the Midwest Lumber Company requesting a refund of penalties due on` Special Assessments against Lots 4, 5 and 6 of Grandview 1-Ieights Add. was referred to the City Manager and City Treasurer for inves- tigation and report. The records show that the above lots are delinquent for the paving of Plymouth Street (Fund 806) and for the Grandview Heights Sewer (Find 940) and that these delinquencies are in- volved in tax sale certificate held by Dubuque County. The principal amounts of the delinquencies and the costs of redemption of the three lots are as follows: Fund 806________$317.64 and $633.81 Fund 940________$433.93 and $705.88 We recommend that upon the re- demption of the tax sale certificate held by Dubuque County on the shove lots that the City Auditor be authorized to draw a warrant on the Special Bonded Fund in the amount of $302.14 ($195.19 for Fund 806 and $106.95 for Fund 940) representing the refund of all interest in excess of S°fo per annum and all penal- ties included in the payment made to the county. Respectfully submitted, A. A. RHOMBERG, City Manager. OTTO F, PULS, City Treasurer. Councilman Clark moved that the recommendation of City Manager Rhomberg and City Treasurer Puls be approved and that upon the redemption of the tax sale certificate held by Du- buque Cotntty on hots 4, S and 6 ob Grandview Heights Addition by iVlid- west Lumber Company that the City Auditor be authorized to draw a tvar- raut on the Special Braided Fund in the amomrt of $302.14 in favor of Midwest Lumber Company representing the re- fund of all interest in excess of 5% per annum and all penalties included in the payment made to the County. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None, P.esolution No. 201-39. Whereas, applications for Class "B" Beer Permits have beets 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 ap- plications be and the same are hereby approved and it is ordered that the premises to be occupied by such appli- cants shall be forthwith inspected. Class "B" Permit. Name Address Francis X. Page, 73-75 East Fourth St. Fred J. Saeugling and Ed. M. Harks, 2417 Rhomberg Avenue. Ruhen, J. 'uVeber, 1543 Central Avenue.. Vern Oke}~, 1766 Central Avenue. Peter J. Kress, 41 West Seventh Street. Passed, adopted and approved this 4th day of December, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUEI,114AN, ALBERT WHARTON, CARL A. CLARK, F, 'uV. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Clarlc. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Vau Duelman, Wharton, Nays-None. Resolution No. 202-39. 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 Regular Session, December 4th, 1939 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 John S. Mayerle and Florence Mayerle (Transfer of address from 400 Cen- tral Avenue) 116 West Sixth Street. Francis X. Page, 73-75 fast Fourth St. Fred J, Saeugling and Ed. M. Harks, 2417 Rhomberg Avenue. Ruben J, Weber, 1543 Centrgl Avenue. Vern Okey, 1766 Central Avenue. Peter J. Kress, 41 West Seventh Street. Be It Further Resolved, that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted attd approved this 4th day of December, 1939. GEO. R. MURPHY, Mayor. FRANI{ VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerlr. Comtcilman Van Duelman moved the adoption of the resolution. Seconded t Councilman Wharton. Carried by the following vote: Yeas-Mayor Mur- phy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. December 4, 1939. Honorable Mayor and City Council, Dubuque, Iowa. 1938 Tax Suspension. Gentlemen: Under date of November 28th there was referred to this office for investiga- tion, petitions of Mrs. G, Waldorf and Julia E. Kntler for suspension of 1938 taxes. Beg to advise that I have made in- vestigation of said petitions and attach- ed hereto report on same. Respectfully submitted, AL. J. NELSON, City Solicitor. Per E. Burdt. Cotmcilmau Clarlc moved that the communication of City Solicitor Nelson be received and made a matter of rec- ord. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas-Mayor Murphy, Councilmen 313 Clark, Thompson, Van Duelman, Wharton. Nays-None. Councilman Clark moved that the pe- tition of Mrs. Gertrude Waldorf, re- questing suspension of the 1938 taxes on Lot 81 Langworthy's Addition, be granted and that the Board of Super- visors be notified of the action of the City Council. Seconded by Councilmen Thompson. Carried by the following vote: Yeas-Mayor Murphy, Council- men Clark, Thompson, Van Duelman, 'v1'harton. Nays-None, Councilman Clark moved that the pe- tition of Julia E. Kemler, requesting suspension of the 1938 taxes on the North % of Lot 4 of O'Hare's Subdivi- sion, be granted and that the Board of Supervisors be notified of the action of the City Council. Seconded by Coun- cilman Thompson. Carried by the fol- lowing vote: Yeas-Mayor Murphy, Councilman Clark, Thompson, Vatt Duelman, Wharton. Nays-None. December 4, 1939. Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At a meeting of the City Council held on November 27, 1939, I was directed to prepare ordinance granting the In- terstate Power Company the right to construct and maintain trusses for the carrying of transformers and other elec- trical apparatus in the alleys in the rear of the building occupied by the Medical Associates and also Kretz Cafeteria. I herewith submit such ordinances, which provide that the cost of publica- tion thereof shall be borne by the In- terstate Power Company, Respectfully submitted, AL. J. NELSON, City Solicitor. Per $. Burdt. Councilman Van Duelman moved that the commwtication of City Solicit- or Nelson be received and made a mat- ter of record. Seconded by Councilman Clark. Carried by the following vote: Ycas-Mayor Murphy, Councilmen Clarlc, Thompson, Van Duelman,Whar- ton. Nays-None. Ordinance No. 32-39. Au Ordinance granting to Interstate Power Company of Dubuque, Iowa, its successors or as- signs, the right to construct and main- tain atruss or trusses across the alley between Twelfth Street and Thirteenth Street, and Main Street and Iowa Street, in the City of Dubuque, Iowa, and abutting the North 40 feet of the 314 Regular Session, December 4th, 1939. South Two-Fifths, and the West 65 feet 8 inches of the South 62 feet 4 inches of the South Two-Fifths of City T,ot 465, and extending from a pole ad- jacent to the building on the Westerly side of said alley to a Hole on the E ~ erly side of said alley, and prescribing the conditions of such permit, present- ed and read. Councilman Van Duel- man moved that the reading just had he considered the first reading of the ordinance. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mawr Murphy, Council- men Clark, Thompson, Van Duelman, Wharton. Nays-None. Councilman Van Duelman moved that the rules be suspended requiring an ordinance to be read on three separate days. Secouded b~~ Councilman Wharton. Carried by the following vote: Yeas-Mayor Mur- phy, Councilmen Clark, Thompson,Van Duelman, Wharton. Nays-None. The ordinance was then read a second time. Councilman Van Duelman moved that the reading just had be considered the second reading of the ordinance. Sec- onded by Councilman Wharton. Car- ried by the following vote: Yeas- Mayor Murphy, Councilmen Clarlc, Thompson, Van Dttelmau, Wharton. Nays-None. Ordinance No. 33-39. Au Ordinance. granting to Interstate Power Company of Dubuque, Iowa, its successors or as- signs, the right to construct and main- tain atruss or trusses across the alley between Fifth Street and Sixth Street, and Main Street and Iowa Street, in the City of Dubuque, Iowa, and abutting the North 37 feet 11 inches of City I,ot 20, and extending front a pole adjacent to the building on the 1esterly side of said alley to a pole ou the Eastrely side of said alley, and prescribing the condi- tions of such permit, presented and read. Councilman Vau Duelman moved that the reading just had be con- sidered the first reading of the ordin- ance. Seconded by Couucilmau Whar- ton. Carried by the following vote: Yeas-Mayor Alurphy, Couucilmau Clark, Thompson, Van Duelman,lVhar- ton, Nays-None. Councilman Van Duelman moved that the rules be sus- pended requiring a^ ordinance to be read on three separate days. Seconded by Councilman Wharton, Carried by the following vote: Yeas-Mayor Mur- uhy, Councilmen Clark, Thompsou,Van Duelman, Wharton. Nays-None. The ~rdiuance was then read a second time. Councilman Van Duelman moved that the reading just had he considered the second reading of the ordinance. Sec- onded by Councilman Wharton. Car- ried by the following vote: Yeas- l4layor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. December 4th, 1939. Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At a meeting of the City Council held November 27th, 1939, I was directed to ,prepare proper ordinance granting to Ryder Realty Company the right to construct au areaway in West Third Street and abutting the new bus station. I find that permission to construct and maintain said areaway should be given to the owners of the property, w*ho are, Marion J. Ryder and Isabel M. Ryder, and I, therefore, submit here- with ordinance granting such right: to them. Ordinance provides the cost of.pub- lication thereof shall be borne by the owners of the building. Respectfully submitted, ~1I,. J. N1:I,SON, City $ngiueer. Per $. Burdt. Councilman Thompson moved that the communication of City Solicitor Nelson he received and made a matter of record. Seconded by Councilman Clark. Carried by the following vote. Yeas-Mayor Murphy, Councilmen Clark, 'Phompson, Van Duelman,Whar- ton. Nays-None. Ordinance No. 34-39. An Ordinance granting to Marion J. Ryder and Isabel M. Ryder, owners, their heirs and as- signs, the right to construct and maiu- taiu an areaway iu West Third Street, adjacent to and abutting City I,ot 72-A, in the town, note city, of Dubuque, 'nwa, and prescribing the conditions of said permit, presented and read. Coun- cilman Vau Duelman moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Wharton. Carried by the fcllowing vote: Yeas-h2ayor Murphy, Councilmen Clark, Thompson, Vau Duelman, 1Vhartou. Nays-None. Councilman Van Duelman moved that the rues be suspended requiring an or- dinance to be read on three separate days. Secouded by Councilman Whar- ton. Carried b}~ the following vote: Yeas-N[avor Murphy, Councilmen Clark, Thompson, Van Duelman,Whar- ton. Nays-None. The ordinance was then read a second time. Councilman Van Duelman moved that the reading just had be~ considered the second reading of the ordinance. Seconded by Councilman Wharton. Carried by the following vote: Yeas~Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, IVharton. Nays-None. Regular Session, December 4th, 1939. 315 Couucilmau Clarlc moved that the hvo new pumping engines for the Fire Department furnished under contract with the Waterloo Construction Com- pany, 1aterloo, Iowa, be accepted. Secouded by Councilman Van Duel- man. Carried by the following vote: Yeas-Mayor Murphy, Councilme^ Clark, Thoutpsou, Van Duelmau,lVhar- ton. Nays-None. There being no further business, Councilman 1Vharton moved to ad- journ. Seconded by Couucilmau Vau Duelman. Carried by the following vote: Yeas-Mayor Murphy, Council- men Clark, Thompson, Vau Duelman, 1`tharton. Nays-None. J• J. SHI;A, City Clerk, Approved ----------------------1940. Adopted ________________________1940. Councilmen: {_______ ;lttest: ----------------------------- City Clerk. 316 Session, December 18th, 1939. Clty COUI1Cls (Official) Special Session, December 18th, 1939. Council met at 7:30 P. M. Present-Mayor 14lurphy, Council- men Clark, Thompson, Van Duelman, 1\'harton, City 114anager Rhomberg. Resolution No. 203-39. On December 17, 1939, Al. J. Nelson, Solicitor of the City of Dubuque was sunnnoned by Almighty God to his eternal reward. The news of his death has shocked this entire community. His friends were legion. He was honored and esteemed by his fellow men and was endeared to all who knew him. As a lawyer he won the respect and ad- miration of not only the courts, the Council, and his colleagues, with whom he was directly associated, but also of all who had occasion to consult him in his professional capacity. The count- less gratuitous services rendered by the deceased to alleviate the distress of World `vVar veterans, their widows and orphans, marked him as an exemplar of Christian charity. As a public official, he was courteous, honest and conscien- tious in the perfonuauce of his duty. The position he occupied with the City of Dubuque was of great importance :and trust and he fulfilled his responsi- bilities iu a commendable and capable manner. The City of Dubuque owes to Al. J. Nelson a debt of gratitude and this Council, as the governing body thereof, wishes to repay this obligation b}~ giving public expression of the ap- preciation and high regard in which he ta•as held by all, as a public official, as a lawyer and as a man. [t is Therefore Resolved, that this trib•+te to his memory be perpetuated by having the same recorded upon the public records of the City Council of the City of Dubuque. It is Further Resolved, that a copy hereof be delivered by the Clerlc to the sorrowing family. Passed, adopted and approved tuffs 18th day of December, 1939. GEO. R. 14fURPHY, 11~Ia}ror. FRANK VAN DUELMAN, ALBERT WHARTON, CARL, A. CLARK, F, W. THOMPSON, Councilmen. Attest: J, J. SHEA, City Clerk. Councilman Clark moved the adop- tion of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Councilman Clark moved that out of respect for the death of City Solicitor Al. J. Nelson that Council adjourn to meet December 19th,1939, at 7:30 P. M. Seconded by Councilman Wharton. Carried by the following vote: Yeas- Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. J• J• SHEA, City Clerk. Approved ----------------------1940, tldopted _______________________1940. f ' I----------------------- Councilmen: {----------------------- 1----------------------- Attest: ----------------------------- City Clerk. eurtted Special Session December 19th, 1939. 317 City Council (Official) Adjourned Special Session, Decem- ber 19th, 1939. Council met at 7:SS P. M. Present-Mayor Dlurphy, Council- men Thompson, Van Duelmati, Whar- ton, City Manager Rhomberg. Absent -Councilman Clark. Meeting called by order of Council- men Van Duelman and Wharton. Mayor T•Iurphy read the call and stated that service thereof had been duly made and that this meeting is an adjourned meeting of the Special Meeting of December 18th, 1939, for the purpose of conducting a public hearing upon a proposal to amend and change the Zoning Map by changing from "single-family residence district" to `two-family residence district" the area described as follows: From a point an the Northerly property line of Kirk- wood Street 100 feet Easterly from the Easterly property line of Alta Vista Street; thence parallel to Alta Vista street to the centerline of the alley be- tween Kirkwood Street and Bellevue Street; thence Easterly along the cen- ter line of said alley to the center 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 East- erly line of Elizabeth Street Extended; thence Southerly to the center line of Elizabeth Street; thence Westerly along the center line of Elizabeth Place to the Westerly property lice of Cox Street; thence Westet9y on a line l00 feet Southerly aitd parallel to the Sottth- erlp property line of Kirkwood Street to a point 100 feet Westerly from the Easterly property line of Alta Vista Street; thence Northerly on a .Bite par- allel to and 100 feet from the Easterly propery lice of Alta Vista Street to the point of beginning, and acting on any other business as may properly come before a regular meeting of the City Councih Proof of publication, certified to by the publishers, of the notice of a public hearing upmt a proposal to amend and change the Zoning Map in the follow- ing respects: By changing from "sin- gle-family residence district," to "two- fatnily residence district," the area de- scribed as follows: "From a point on the Northerly property Brie of Kirk- wood Street 100 feet )•asterly 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 Street and Bellevue Street; thence Easterly along the cen- ter line of said alley to the center line of Blalce Street; thence Northerly almtg the center line of Blake Street to the center line of Bellevue Street; thence ):asterly along the center lice of Belle- vue Street to the Easterly line of Eliza- beth Street extended; thence Southerly to the center lice of Elizabeth Place; thence Westerly along the center line of Elizabeth Place to the Westerly property line of Cox Street; thence 1esterly on a line 100 feet Southerly and parallel to the Southerly property line of Kirkwood Street to a point 100 feet Easterly from the Easterly prop- erty line of Alta Vista Srteet; thence Northerly oil a line parallel to and 100 feet frotn the Easterly property line of Alta Vista Street to the point of be- ginning," presented and read. No writ- ten objections filed and no objectors present in the Council Chamber. Coun- cilman Van Duelman moved that the proof of publication be received and filed. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Thompson, Van Duelman, Wharton. Nays-None. Absent-Councilman Clark. Communication of Melvin Hennings, Recording Secretary, Dubuque Build- ing Trades Council, submitting at- tached communication calling the at- tention of the City Council to the fact that the last Congress failed to pro- vide an appropriation for the purpose of continuing the program of the Pub- lic bVorks Administration and request- ing that both the United States Senat- ors and Representatives be contacted attd to insist upon the new Congress which meets January 3rd, 1940, on passing a Bill which will proceed with the Public Works Program, presented and read. Councilman Van Duelman moved that the City Manager be in- structed to comply with the request and then refer the communication to the Memorial Commission. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Mur- phy, Councilmen Thompson, Vau Duel- man, Wharton. Nays-None. Absent -Councilman Clark. Petition of Realty Improveme.ut Company submitting an offer to pur- chase •ots 2, 3, 4, S and 6 of Mills West Dubuque from the City in the sum of $348.02, said lots having been acquired by the City by tax deed and agreeing to assume all taxes now due and delinquent and that no abstract is to be furnished by the City, presented and read. Councilman Wharton moved that the petition be referred to the City 318 .Adjourned Special Session December 19th, 1939. Council: to view the grounds, Second- ed by Couucihnan Van Duelman. Car- ried by the following vote: Yeas- &fayor 114urphy, Councilmen Thomp- son, Vau Duelman, Wharton. Nays- None. Absent-Couucilmau Clark. Communication of J. Edward Whe- lan submitting application for appoint- ment to the now vacant position of City Solicitor or to the position of as- sistant City Solicitor, presented and read, Cowtcilman Vau Duelman moved to refer the communication to the City Council, Seconded by Councilman Wharton. Carried by the follotviug vote: Yeas-NPayor Murphy, Cowtci]- men Thompson, Van Duelman, 1\rhar- ton. Nays-None. Absent-Council- man Clark. Proof of publication, certified to by the publishers, of a statement of re- ceipts attd also a list of claims for which warrants were drawn during the month of October, 1939, presented attd read. Couucilmau Thotpson moved that the proof of publication be received and filed. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Murphy, Council- men Thompson, Van Duelman, Whar- ton. Nays-None. Absent-Council- man Clark. Councilman Thompson moved that the rules be suspended for the purpose of allowing any one present ii? the Council Chamber, who wishes to do so, to address the Council Seconded by Councilman Wharton,. Carried by the following vote: Yeas-114ayor Mur- phy, Councilmen Thompson, Van Duel- man, Wharton. Nays-None. Absent -Councilman Clark. Mr. Frank Har- dy of the Dubuque Poster Advertising Company addressed the Council re- questing that they be granted a pertnit for the erection of a show window dis- play board abutting the Rockdale Road Highway near the City Limits. Coun- cilman Thompson moved that the ver- bal request of Mr .Frank Hardie of the Dubuque Poster Advertising Company he referred to the City Manager with instructions to secure an opinion from the State Higway Commission ou this request and upon the securing of said opinion that a joint meeting he arranged Lath the Planning and Zoning Commis- sion to discuss this matter. Seconded by Councilman Wharton. Carried b}~ the following vote: Yeas-Mayor Mur- phy, Councilmen Thompson, Van Duel- man, Wharton. Nays-None. Absent -Couucilmau Clark, Ordinance No. 32-39. An Ordinance granting to Interstate Power Company of Dubuque, Iowa, its successors or as- signs, the right to construct and main- tain atruss or trusses across the alley between Twelfth Street and Thirteenth Street, and Blain Street and Iowa Street, in the City of •Dubuque, Iowa, and abutting the North 40 feet of the South Two-Fifths and the West 6$ feet 8 inches of the South 62 feet 4 inches of South Twa-Fifths of City I,ot ^~65 and extending ft•om a pole adjacent to the building on the 1esterly side of said allev to a pole ou the Easterly side of said alley, and prescribing the condi- tions of such permit, said ordinance hating been passed upon first and sec- ond readings on December 4th, 1939, presented and read a third time. ORDINANCE N0. 32-39. An Ordinate grouting to Interstate Power Company of Dubuque, Iowa, its successors or assigns, the right to con- struct and maintain a truss or trusses across the alley between Twelfth Street and Thirteenth Street, and Main Street attd Iowa Street, in the City of Du- buque, Iowa, and abutting the North 40 feet of the South Two-Fifths, and the West 6S feet 8 inches of the South 62 feet 4 inches of South Ttvo-Fifths of City Lot 465, and extending from a pole adjacent to the building on the Wester- Iv side of said alley to a pole on the $asterly side of said alley, and pre- scribing the conditions of such permit: BE IT ORDAINED BY THN CITY COUNCIL OF THE CITY OF DUBUQUE: Paragraph 834-Section 1. That, Interstate Power Cmnpany, its successors or assigns, be, and they are hereby granted the right and authority to construct and maintain a truss or trusses across the alley between Twelfth Street and Thirteenth Street, and Main Street and Iowa Street, in the City of Dubuque, Iota~a, and abutting the North X10 feet of the South Two- Fifths and the Nest 65 feet 8 inches of the South 62 feet 4 inches of South Two-Fifths of City Lot 465, and ex- tending from a pole adjacent to the building on the Westerly side of said alley to a pole on the Easterly side of said alley, such truss or trusses~to be constructed of steel and iron and to be of sufficient height, width and size to safely carry attd support electrical transformers or other electrical appar- atus attached thereto, and to extend the full width of said alley between two poles to which said truss or trusses are to he attached, which said poles are to be of sufficient size and strength to safely carry said truss or trusses; the truss nearest the surface of said alley to he at least 19 feet 6 inches above the surface of said alley, said truss to be secut•ely attached to said poles on either Adjourned Special Session December 19th, 1939. 319 side of said alley, the same to be used for the purpose of carrying electrical light transformers and electric light wires and power wires attd other ap- paratus of the Interstate Power Com- pany; said truss to be built attd erected, and said poles to be installed under the supervision of the Building Commis- sioner of the City of Dubuque, Iowa. Paragraph 835-Section 2. Said Interstate Powet• Company, its successors or assigns, shall agree, as a condition to the granting of the permit and privilege herein granted, and shall guarantee by the acceptance of the tet•ms hereof, to fully protect and save the City of Dubuque harmless as to any claims, damages or liabilities of any kind which may arise because of the construction and maintenance of said truss, or trusses, and any and all claims, damages or liabilities that may arise or be incurred by reason of the granting of the privileges herein made, and' in any suit which may arise or be institut- ed because of said truss or trusses, or the construction or maintenance there- of, said Interstate Power Company, its successors or assigns, shall, at the di- rection of the City of Dubuque, make all necessary defense to said suit and fully indemnify said City of Dubuque for any expenses or liabilities to which said city may be subjected because of said suit. Paragraph 836-Section 3, It is understood and provided that such right, license and permission here- in granted to erect and maintain said truss or trusses is subject to the pay- ment and assumption by the said Inter- state Power Company of the cost of publication of this ordinance, attd sub- ject to the continuous control of the City Council of the City of Dubuque, said City Council reserving the right to impose restrictions or conditions upon the enjoyment thereof, as may be rea- sonably necessary for the protection of the public interests, including the right to revoke and rescind such permission,, if at any time the public interest should require such revocation. If, and when such permit, right and license is re- yoked by said City Council, the said interstate Power Company, its success- ors or assigns, shall remove such truss ~' or trustees at its or their own expense and restore such part of said alley as has been occupied thereby to the condi- tion it was in prior to the construction of said truss. Paragraph 837-Section 4. This ordinance shall be iu force and effect ten (10) days from and after its final passage, adoption and approval by the City Council and publication as provided by law, and the rights here- under shall accrue to said Interstate Power Company, its successors or as- signs when the provisions hereof shall have been accepted. Passed upon first and second readings this 4th day of December, 1939. Passed, adopted aitd approved upon final reading this 19th day of Decem- ber, 1939. GEO. R, MURPHY, Mayor. FRANK VAN DUIaLMAN, ALBERT WHARTON, F, 4V. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. ACCEPTANCE The Interstate Power Company, its successors ot• assigns, hereby accepts the terms, provisions and conditions of the Ordinance adopted by the City Council of the City of Dubuque, desig- nated as: "Ordinance No. 32-39. An Ordinance granting to Interstate Power Company of Dubuque, Iowa, its successors or assigns, the right to construct and maintain a truss or trusses across the allev between Twelfth Street and Thir- teenth Street, and Main Street and Iowa Street, in the City of Dubuque, Iowa, and abutting the North 40 feet of the South Two-Fifths, and the West 6S ft. 8 inches of the South 62 ft. 4 inches of South Two-Fifths of City Lot 465 and extending from a pole adjacent to the building on the Westerly stile of said alley to a pole on the Easterly side of said alley;" this 28th day of December, 1939. INTERSTATE POWER COMPANY By C. E. DOVE, District Manager. By OSCAR SOLBERG, Secretary. Published officially in the Telegraph- Herald newspaper on the 29th day of December, 1939, J. J. SHEA, 12-29-1t City Clerk. Couucilmau Vau Duelman moved the adoption of the ordinance. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Mur- ph}~, Councilmen Thompson, Van Duel- man, Wharton. Nays-None. Absent -Councilman Clark. 320 Adjourned Special Session December 19th, 1939. Ordinance No. 33-39. An Ordinance granting to Lrterstate Power Company of Dubuque, Iowa, its successors or as- signs, the right to construct and main- tain atruss or trusses across the alley between Fifth Street and Sixth Street and Main ~ Street and Iowa' Street, in the City of Dubuque, Iowa, and abut- ting the North 37 feet 11 inches of City Lot 20, and extending from a pole ad- jacent to the building on the Westerly side of said alley to a pole on the East- erly side of said alley, and prescribing the conditions or such permit, said ordi- nance having been passed upon first and second readings on December 4th, 1939, presented and read a third time. ORDINANCE N0. 33-39. An Ordinance granting to Interstate Power Company, of Dubuque, Iowa, its successors or assigns, the right to construct and maintain a truss or truss- es across the alley between Fifth Street and Sixth Street, and Main Street and Iowa Street, in the City of Dubuque, Iowa, and abutting the North 37 feet 11 inches of City Lot 20, and extending from a pole adjacent to the building on the Westerly side of said alley to a pole ou the Easterly sdie of said alley, and prescribing the conditions of such per- mit: and power wires and other apparatus of the Interstate Power Company; said truss to be built and erected, and said poles to be installed under the super- vision of the Building Commissioner of the City of Dubuque, Iowa. Paragraph 839-Section 2, Said Interstate Power Compan}~, its successors or assigns, shall agree, as a condition to the grouting of the permit and privilege herein granted, and shall guarantee by the acceptance of the terms hereof, to fully protect and save the City of Dubuque harmless as to any claims, damages or liabilities of any lciud which may arise because of the construction and maintenance of said truss, or trusses, and any and al] claims. damages or liabilities that may arise or be incm'red by reason of the granting of the privileges herein made, and in any suit which may arise or be instituted because of said truss or trusses, or the construction or maintenance thereof, said Interstate Power Compan}, its successor or assigns, shall, at the direc- tion of the City of Dubuque, make all necessary defense to said suit and fully indemnify said City of Dubuque for any expenses or liabilities to which said city may be subjected because of said suit. BE IT ORDAINED BY TH$ CITY COUNCIL OF THE CITY OF DUBUQUE: Paragraph 838-Section 1. That, Interstate Power Company, its successors or assigns, be, and they are hereby granted the right and authority to construct and maintain a truss or trusses across the alley between Fifth Street and Sixth Street, and plain Sheet and Iowa Street, in the City of Dubuque, Iowa, attd abutting the North 37 feet 11 inches of City Lot 20, and extending from a pole adjacent to the building on the Westerly side of said allev to a pole on the Easterly side of said alley, said truss or trusses to be constructed of steel and iron and to be of sufficient height, width and size to safely carry and support electrical transformers or other electrical appar- atus attached thereto, and to extend the full width of said alley beriveeu flvo poles to which said truss or trusses are to be attached, which said poles are to be of sufficient size and strength to safely carry said truss or trusses; the truss nearest the surface of said alley to be at least 19 feet 6 inches above the surface of said alley, said truss to be securely attached to said poles on either side of said alley, the same to be used for the purpose of carrying electrical light transformers and electric wires Paragraph 840-Section 3, It is understood and provided that such right, license and permission here- in granted to erect and maintain said truss or trusses is subject to the pay- ment and assumption by the said Inter- state Power Company of the cost of publication of this ordinance, and sub- ject to the continuous control of the City Council of the City of Dubuque, said Cit}~ Council reserving the right to impose restrictions or conditions upon the enjoyment thereof, as may be reas- onably uecessar~~ for the protection of the public interests, including the right to revoke and rescind such permission, if at any time the public interest should require such revocation. If, and when such permit, right and license is re- volted by said City Council, the said In- terstate Power Company, its successors or assigns, shall remove such truss or trusses at its or their own expense and restore such part of said alley as has been occupied thereby to the condition it was in prior to the construction of said truss. Paragraph 841-Section 4. This ordinance shall be in force and effect teo (10) days from and after its final passage, adoption and approval by the City Council and publication as pro- vided by late, and the rights hereunder shall acme to said Interstate Power Adjourned Special Session December 19th, 1939. 321 Company, its successors or assigns when the proviions hereof shall have been accepted. Passed upon first and second read- ings this 4th day of December, 1939. Passed, adopted and approved upon final reading this 19th day of Decem- ber, 1939. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, F, W. THOMPSON, Councilmen. Attest. J. J. SHEA, City Clerk. ACCEPTANCE •.tead .tad The Interstate Power Company, its successors or assigns, do hereby accept the terms, provisions and conditions of the ordinance adopted by the City Council of the City of 'Dubuque, desig- nated as: "Ordinance No. 33-39. An Ordi- nance granting to Interstate Power Company of Dubuque, Iowa, its successors or assigns, the right to construct and maintain a truss or trusses across the alley between Fifth Street and Sixth Street, and Main Street and Iowa Street, in the City of Dubuque, Iowa, and abutting the North 37 feet 11 inches of City Lot 20, and extending from a pole adjacent to the building on the Westerly side of said alley to a pole on the Easterly side of said alley;" this 28th day of December, 1939. INTERSTATE POWER COt14PA1VY By C. E. DOVE, District hiauager. By OSCAR SOLBERG, Secretary. Published officially in the Telegraph- Herald newspaper on the 29th day of December, 1939. J. J. SHEA, 12-29-1t City Clerk. Councilman Van Duelman moved the adoption of the ordinance. Seconded by Councilman Thompson. Carried h• the following vote: Yeas-Mayor Mur- phy, Councilmen Thompson, Van Due]- man, 1Vharton. Nays-Noce. Absent -Councilman Clark. Ordinance No. 34-39. An Ordinance granting to Marion J. Ryder and Isabel M. Ryder, owners, their heirs and as- signs, the right to construct and main- tain an areaway in West Third Street, adjacent to attd abutting City Lot 72-A, in the town, now city, of Dubuque, Iowa, and prescribing the condtions of said permit, said ordinance having been passed upon first and second readings on December 4th, 1939, presented and read a third time. Ordinance No. 34-39. An Ordinance granting to Marion J. Ruder and Isabel M. Ryner, owners, their heirs and assigns, the right to con- struct and maintain an areaway in West Third Street, adjacent to and abutting City Lot 72=A, in the town, now city, of Dubuque, Iowa, and pre- scribing the conditions of said permit. Be It Ordained By the City Council of the City of Dubuque, Iowa: PARAGRAPH 842-Section 1. That Marion J. Ryder and Isabel M. Ryder, their heirs and assigns, be, and they are, hereby granted the right and authority to construct and maintain an areaway in West Third Street, abutting City Lot 72-A, in the town, now city, of Dubuque, Iowa, said areaway to ex- tend into said street from the building upon said lot a distance of one foot six inches (1 ft. 6 iu.), and to be six feet 7 inches (6 ft. 7 in.) in length, and to be ltuilt or erected flush or level with the sidewalk level of said street at said point, said areaway to be built of con- crete and to be covered with an iron or steel grille, the same to be used in con- nection with the use of the building ott said lot by the owners or tenants thereof, said structure to be built under the supervision of the Building Com- missioner of the City of Dubuque, Iowa. PARAGRAPH 843-Section 2. It is understood attd provided that such right, license and permission here- in granted to erect and maintain said areaway is subject to the payment and assumption by the said Marion J. Ryder and Isabel M, Ryder, their heirs and assigns, of the cost of publication of this ordinance, and subject to the con- tinuous control of the City Council of the City of Dubuque, said City Council resen~ing the right to impose such re- strictions ar conditions upon the enjoy- ment thereof, as may be reasonably accessary for the protection of the pub- lic interests, including the right to re- voke and rescind such permission, if, at any time, the public interests should require such revocation. If, and when, such permit, right or license, is revoked b}' said City Council, said owners, their heirs or assigns shall remove said area- way at their own expense, and restore such part of said West Third Street or 322 Adjourned Special Session December 19th, 1939, sidewalk thereof, as has been thereto- fore occupied, to the same condition said street or sidewalk thereof was in prior to the construction of said area- way. PARAGRAPH 844-Section 3. Said Marion J. Ryder and Isabel M. Ryder, their heirs and assigns, shall agree, as a condition to the granting of the permit attd privilege herein grant- ed, attd shall guarantee by the accept- ance of the terms hereof, to fully pro- tect and save the City of Dubuque harmless as to any claims, damages, or liabilities of any kind which may arise because of the construction and main- tenance of said areaways, and any and all claims, damages or liabilities that may arise or be incurred by reason of the granting of the privileges herein made, and in arty suit which may arise or be instituted because of said area- ways, said Marion J. Ryder attd Isabel M. Ryder, their heirs and assigns, shall, at the direction of the City of Dubuque, make all necessary defense to said suit, and fully itidemuifv said city for any expenses or liabilities to which said City of Dubuque may be subjected because of said suit. PARAGRAPH 845-Section 4. and Isabel M, Ryder, owners, their heirs and assigns, the right to con- struct and mamtaiu an areaway in bVest Third Street, adjacent to and abutting City Lot 72-A, in the town, nora~ city, of Dubuque, Iowa;" this ____ day of December, 1939. Published officially in the Telegraph- Herald newspaper oh this ______ day of Decetnber, 1939. -----------City Clerk.-- Councilman Van Duelman moved the adoption of the ordinance. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Mur- phy, Councilman Thompson, Van Duel- man, Wharton. Nays-None. Absent --Councilman Clarlc, Note-This ordinance was never pub- lished because of the fact that Marion J. Ryder and Isabel M. Ryder refused to accept and sign the same. This ordinance shall be in force a~~ effect ten (10) da~~s from and after its ^al passage, adoption and approval I the City Council, and publication, as provided by law, and the rights here- under shall accrue to the said Marion J. Ryder and Isabel M. Ryder, their heirs and assigns, when the provisions here- of have been accepted by them. Passed upon first and second readings this 4th day of December, 1939. Passed, adopted and approved upop final reading this 19th day of Deceur ber, 1939. G1aO. R. 1~IURPHY, Mayor. FRANK VAN DU$LMAN, ALB$RT 1VHARTON, F, W. THO1t4PSON, Councilmen. Attest: J. J. SH)~A, City Clerk. ACCIaPTANCI; BY OWN1;R. Marion J. Ryder and Isabel NI. Ry- der, owners in fee of City Lot 72-A, ih the town, now city, of Dubuque, Iowa, do hereby accept the terms ,provisions and conditions of the Ordinance adopt- ed by the City Council of the City of Dubuque, designated as: "Ordinance No. 34-39. An ordi- nance granting to Marion J. Ryder December 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 No- vember, 1939, also a list of claims and list of payrolls for which warrants were drawn during the month of November, 1939. P.espectfully submitted, A. A. RHOMBERG, City Manager. Couucihnan Thompson moved that the reports be received and placed ou file. Seconded by Councilman Whar- ton. Carried by the following vote: Yeas-Mayor Murphy, Cottncilmeu Thompson, Van Duelman, Wharton. Nays-None. Absent-Councilman Clark. Decetnber 12, 1939: To the Ionorable Mayor and City Councii, Dubuque, Iowa. Gentlemen At the sesion of the City Council held December 4, 1939, the petition of the Board of Trustees of West Hill Chapel asking that the sewer assess- ment levied against the North 40 feet of Lot 122 of Union Addition he re- ,~~journe~ Special Session December 19th, 1939. 323 mitred, or in the event that said petitiou is denied, then to cancel the interest and penalties on said assessment tdas referred to the City Manager and City Treasurer for investigation and report. We find that on February 3, 1936, a special assessment for the sanitary sewer i^ Pear Street (Fund 952) was levied against the above described lot in the amount of $38.31. Nothing has been paid on this account to date. There is no statutory authority permitting the cancellation of the special assessment by the city. 4Ve recontntend that following the payment of the delinquent special as- sessment against the north 40 feet of Lot 122 of Union Addition, that the City Auditor be authorized to draw a ' warrant on the Special Bonded Fund in the amount of $3.80 for the refund ' of all interest in excess of 5% per an- num and all penalties included in the pa}~ment to the County Treasurer. Respectfully submitted, A. A. RHOMB$RG, City Manager. t UTTO F. PULS, City Treasurer. Councilman Van Duelman moved that the recommendation of City Man- ager Rhomberg and City Treasurer Puls be approved and that the City Auditor be authorized to draw a war- rant on the Special Bonded Fund in the ~ amount of $3.80 in favor of the Board ~ , of Trustees of West Hill Chapel for the refund of a]( interest in excess of 5% per annum and all penalties in- rluded in the payment to the County Treasurer on special assessments levied against the North 40 feet of Lot 122 of Union Addition. Seconded by Coun- cilman Wharton. Carried by the fol- l i P M M h ng vote: eas- ow ayor urp y, Councilmen Thompson, Van Duelmpn, Wharton. Nays-None. Abseut- Councilman Clark. December 6, 1939, To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the session of the City Council held November 27th, 1939, the petitiou of A. J. Stapleton requesting that he be reimbursed in the amount of $129.63 for labor and material furnished in re- pairing the sewer in Grandview Avenue itt front of his residence at 864 South Grandview was referred to the City Manager for investigation aad report. I have inquired into the situation with the plumber who did the job and our plumbing inspector who saw the work being done. This work consisted of a new connection from the main sewer in the center of Grandview Ave- uue to Mr. Stapleton's home. The main sewer itself was not dug up nor changed. Since the main sewer's functioning proper]} and the work was entirely on a house connection I find no liability of the part of the city and, therefore, rec- ommend that the claim be denied. Respectfully submitted, A. A. RHOMB$RG, City Manager. Councilman Vatt Duelman moved that the recommendation of City Man- ager Rhomberg be approved and that the City Manager be instructed to again confer with Mr. A. J. Stapleton on this matter, Seconded by Councilman Wharton. Carried by the fallowing vote: Yeas-Mayor Murphy, Cuncil- mett Thompson, Van Duelman, Whar- ton. Nays-None. Absent-Council- men Clark. Dubuque County. Resolution No. 204-39. PRIMARY ROAD EXTENSIONS Cities Population 2,500 or More. Be It Resolved by the City Council of the City of Dubuque, Iowa. 1. That pursuant to the provisions of Section 4755-b29 of the Code and Chapter 154 of the Laws of the 47th General Assembly of the State of Iowa, we hereby approve and consent to the maintenance of all primary road exten- sions within said city of Dubuque by the State Highway Commission, as hereinafter set forth. 2. That the approval and consent herein given for the maintenance of said primary road extensions within the rity of Dubuque is based on the as- sumption and understanding that said maintenance to be done by the State Highway Commission will be paid far lty the State Highway Commission out of the pritnary road fund, and that no charge will be made against the city of Dubuque on account of such mainten- ance performed or to be performed by the State Highway Commission on the said primary road extensions within the said city of Dubuque. 3. That the maintenance to be done by the State Highway Commission on the pritnary road extensions within the city of Dubuque shall include the usual surface tnaintenace, roadbed repairs, repairs to bridges, culverts and guard rail, and other maintenance usually per- formed on primary roads outside of cities and totvtts. That on streets or portions of streets which are curbed, the maintenance, except snow removal, shall extend from curb to curb. That the maintenance of such primary 'road 324 Adjourned Special Session December 19th, 1939. exteusions shall include plowing the snow from the full width of the pave- ment or other surfacing, provided that if the pavement or other surfacing is more than thirty feet in width, then the Flighway Commission will plow the snow from a traveled way only about thirty feet in width. 4. That the maintenance of such pri- mary road exteusions by the Highway Commission shall not include (a) The loading and hauling away of snow which is plowed off to the side of the traveled portion of the roadway. (b) The sprinkling of the streets. (c) The sweeping of the streets. (d) The maiu- tevance or repair of any se4vers, water pipes or other services under the trav- eled surface of the roadway or anp costs incident thereto. S. That this resolution and the terms thereof shall become effective upon the approval and acceptance thereof by the Iowa State Highway Commission and shall be in effect until January 1, 1945, except that the resolution may be re- scinded by the city at the end of any calendar year. Resolutimt approved and adopted by the city council of the city of Dubuque, Iowa, this 19th day of December, 1939. GEO. R. MURPHY, Mayor. Attest: J. J. SH>;A, City Clerk. Resolution approved and accepted by the Iowa State Highway Commis- sion on the 27th day of December, 1939. L. M. $ICH1;R, Vice-Chairman. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Mur- phy, Councilmen Thompson, Van Duel- man, Wharton. Nays-None. Absent -Councilman Clark. Resolution No. 205-39. Whereas, the City Council of the City of Dubuque, upon its own motion, proposes to amend aqd change the zon- ing map of said City, in the following respects: By changing from "Two-Family Res- idence District," to "Multiple Residence District," the area described as follows: "That section of Delhi Street firom Auburn Street to West Fourteenth Street, on both sides of the street," and described as follows: "Beginning at the center of the inter- section of Delhi and Auburn Streets; thence Northeasterly along the center line of Auburn Street to the ceuter line of the alley between Delhi and Custer Streets; thence Northwesterly along the center line of the above alley to the renter lice of Algona Street; thence Northeasterly along the ceuter line of Algona Street to a point 100 ft. North- easterly from the Northerly property line of Dellti Street, thence North- tvesterl}~ along a line 100 feet from the Northerly line of Delhi Street to the center tine of West 14th Street; thence Southn•esterly along the center line of \Vest 14th Street to the center line of Dellti Street; thence Southeasterly along the ceuter line of Delhi Street to the center line of McCormick Street; thence Southwesterly along the center line of McCormick Street to a point 100 tt. Southerly from the Sout~terly prop- erty line of Delhi Street; thence South- easterly along a line 100 ft. from the Southerly property line of Delhi Street to the center line of Algona Street; thence Southwesterly along the center line of Algona Street to the center of the first alley South of Dellti Street and between Delhi Street and Grace Street; thence Southeasterly along the center line of said alley to the center line of Auburn Street; thence Northeasterly along the center line of Auburn Street to the center line of Delhi Street; thence Northwesterly along the center line of Delhi Street to the paint of be- ginning," Wheras, before said zoning map may be thus amended and changed, it is necessary that a public hearing be held thereon; Naw, 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 iu the Dubuque Telegraph-Herald, a notice of a public hearing to be held by this Council up- on the proposed changes and amend- ments, said meeting and hearing being hereby fixed at 7:30 o'clock P. M., Janu- ary 8th, 1940, and to be held in the Council Chamber in the City Hail, said notice to he published at least fifteen (15) days before the date of said meet- ing, at tivhich time all parties iu interest and citizens shall have an opportunity to be heard. Passed, adapted and approved this 19th da}~ of December, 1939. GBO. R, MURPHY, Mayor, FRANK VAN DUELhIAN, ALB$R'f WHARTON, F, W, THOMPSON, Councilmen. Attest: J. J, SHEA, City Clerk Councilman Vau Duelmau moved the adoption of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas-114ayor Mur- Adjourned Special Session December 19th, 1939. 325 phy, Councilmen Thompson, Van Duel- man, Wharton. Nays-None. Absent -Councilman Clark. Resolution No. 206-39. Be It Resolved by the City Council of the City of Dubuque that the follow- ing, having complied with the provi- sions of law relating to the sale of cig- arettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit mt behalf of said City: Name Address Joe Machinek (effective January 1, 1940), 1399 Jackson Street. Frank and Anna McLaughlin (effective January 1, 19,40) 11S Fast 22nd St. Ray Irwin (2ff'ective January 1, 1940) 113 Main Street. Loras College (effective January 1, 1940) 6SS West )fourteenth Street. Be It Further Resolved that the bonds filed with the applications be ap- proved, Passed, adopted and approved this 19th day of December, 1939. GIa0. R, MiJRPHY, Mayor. FRANK VAN DU$LMAN, ALB);RT WHARTON, F. W. THOMPSON, Councilmen. Attest: J. J. SH$A, 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 Thompson, Van Duel- man, Wharton. Nays-None. Absent -Councilman Clark. Ordinance No. 35-39. An Ordinance amending and changing the Zoning Map of the City of Dubuque, as pro- vided for by Ordinance No. 3-34, desig- nated, "Zoning Ordinance of the City of Dubuque," so as to change to "Ttvo- Family Residence District," certain de- fined property now delimited as "Sin- gle-Family Residence District," and declaring art emergency, presented and read. Councilman Van Duelman moved that the reading just had be considered the first reading of the ordinance. Sec- onded by Councilman Wharton. Car- ried by the following vote: Yeas-- Mayor Murphy, Councilmen Thomp- son, Van Duelman, Wharton. Nays- None. Absent-Councilman Clark. Councilman Van Duelman moved that the rules be suspended requiring an or- dinance to be read on three separate days. Seconded by Councilman Whar- tort. Carried. by the following vote: Yeas-l4iayor Murphy, Councilmen Thompson, Van Duelmau, Wharton. Nays-None. Absent -Councilman Clark. The ordinance was then read a second time. Councilman Van Duel- man moved that the reading just had be considered the second reading of the ordinance. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Murphy, Council- men Thompson, Van Duelmau, Whar- ton. Nays-None. Absent-Coitncil- man Clark. December 18, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Herewith submitted is Profile No, 1294, showing the proposed grade of 5alitta Street from the North property line of Railroad Street to the South property line of Dodge tSreet. I recommend that the proposed grade Ire approved as shown on Profile No. 1294 and an ordinance be passed estab- lishing such grade on Salina Street. Respectfully submitted, A. A. RHOMB$RG, City Manager. Councilman Van Duelman moved that the recommendation of City Man- ager Rhomberg be approved and that Profile No. 1294 be approved attd that an ordinance be ordered prepared cov- ering the proposed grade of Salina Street from the North property line of Railroad Street to the South property line of Dodge Street. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Murphy, Cowtcilmeu Thompson, Vau Duelman, Wharton. Nays-None. Absent- Councilman Clark. December 18, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Herewith submitted is Profile No. 1295, showing the proposed grade of Camp Street from the West property lice of Main Street to the West prop- erty line of Salina Street. I recommend that the proposed grade be approved as shown ou Profile No. 1295 and an ordinance be passed establishing such grade on Camp Street. Respectfully submitted, A. A. RHOMB$RG, City Manager. Councilman Vau Duelmau moved that the recommendation of City Man- 326 Adjourned Special Session December 19th, 1939. ager Rhomberg be approved and that Profile. No. 1295 be approved and that an ordinance be ordered prepared cov- ering the proposed grade of Camp Street from the West property line of Main Street to the West property line oQ Salina Street. Seconded by Council- man, Wharton. Carried by the follow- ing vote: Yeas-Mayor Murphy, Coun- cfPmen Thompson, Vau Duelman, Wharton. Nays-None, Absent- Councilman Clark. December 18, 1939. `Co the Honorable Mayor and City Coutteil, Dubuque, Iowa. Gentlemen: Herewith submitted is Profile No. 1296, showing the proposed grade of Charter Street from the West property line of Main Street to the $ast prop- erty line of Salina. Street. I rerommend that the proposed grade be approved as shown on Profile No. 1Q96 and an ordinance be passed estab- lishing such grade ou Charter Street. Respectfully submitted, A. A. RHOMB$RG, City Manager. Councilman Van Duelman moved that the recomemndatiott of City Man- ager Rhomberg be approved and that Profile No. 1296 be approved and that an ordinance he ordered prepared cov- ering the proposed grade of Charter Street from the 1Vest property line of &lain Street to the laast property line of Salina Street. Seconded by Council- tnan Wharton. Carried by the follow- ing vote: Peas-Mayor Murphy, Couu- eilmen Thompson, Van Duelman, Wharton. Nays-None. Absent- Councilman Clark. Ordinance No. 36-39. An Ordinance establishing a grade on Salina Street from Railroad Street to Dodge Street, presented and teat(. Councihnau Van Duelman moved that the reading just had be considered the first reading of the ordinance. Seconded by Council- man 1Vharton. Carried by the follow- ing vote: Yeas-Mayor Murphy, Councilmen Thompson, Vau Duelman, Wharton. Nays-None. Absent - Couucilman Clark. Councilman Van Duelman moved that the rules be sus- pended requiring an ordinance to be read on three separate days. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor 14Iur- pry, Councilmen Thompson, Vau Duel- man, Wharton. Na}~s-None. Absent -Councilman Clariz. The ordinance ryas then read a second time. Council- man Van Duelman moved that the reading just had be considered the sec- ond reading of the ordinance. Second- ed fiy Councilman ~Vhartou. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Thompson, Van Duelman, Wharton. Nays-None. Ab- sent-Councilman Clark. Ordinance No. 37-39. An Ordinance establishing a grade mt Camp Street front Main Street to Salina Street, pre- sented and read. Councilman Van Duelman moved that the reading just had be considered the first reading of the ordinance. Seconded by Council- man Thompson. Carried by the fol- lowing vote: Yeas-Mayor 14lurphy, Councilmen Thompson, Vau Duelman, 1Vharton. Nays-None. Absent- Couucilman Clark. Councilman Van Duelman moved that the rules be sus- pended requiring au ordinance to be read on three separate days, Seconded by Councilman Thompson, Carried by the following vote: Yeas-Mayor Mur- phy, Councilmen Thompson, Van Duel- tnan, Wharton. Nays-None. Absent -Councilman Clark. The ordinance was their read a second time. Council- man Van Duelman moved that the reading just had be considered the sec- ond reading of the ordinance. Second- ed by Councilman Thompson. Carried • by the following vote: Yeas-Mayor Murphy, Councilmen Thompson, Van Duelman, Wharton, Nays-None. Ab- sent-Councilman Clark. Ordinance No. 38-39. An Ordinance establishing a grade on Charter Street from Main Street to Salina Street, pre- sented and read. Councilman Van Duel- man moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Murphy, Comtcil- men Thompson, Van Duelman, Whar- ton. Nays-Noce. Absent-Council- man Clark. Councilman Van Duelman moved that the rules be suspended re- quiring an ordinance to be read o^ three separate days. Seconded by Council- man 1'hompsou. Carried by the follow- ing vote: Yeas-Mayor Murphy, Coun- cilmen Thompson, Van Duelman, Wharton. Nays-None. Absent - Councilman Clark. The ordinance was then read a second time. Councilman Van Duelman moved that the reading just had be considered the second read- ing of the ordinance. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Thompson, Van Duelman, Wharton. Nays-Nolte. Absent - Couucilma^ Clark. There being no further business, Councilman Van Duelman moved to adjount. Seconded by Councilman tl'harton. Carried by the following vote. Yeas-Mayor Murphy, Council- Session, December 29th, 1939 327 men Thompson, Van Duelman, Whar- ton. Nays-None. Absent-Council- man Clark. J. J. SHEA, City Clerk. Approved ----------------------1940. Adopted ------------------------1940, Councilmen: ----------------------- Attest: ----------------------------- City Clerk. City Council (Official,) Special Session, December 29th, 1939. Council met at 7:SS P. M. Present-Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton, City Manager Rhomberg. Meeting called by order of Councilmen Clark and Thompson, Mayor Murphy read the call and stated that service thereof had been duly made attd that this meeting is called far the purpose of considering the petition of Celia Howe requesting the suspension of the 1937 and 1938 taxes on I,ot 17 in Yates Subdivision and acting upon any other business as may properly come before a regular meeting of the City Council. Petition of Celia Howe, referred to the Citp Council by the Board of Su- pervisors, requesting suspension of the 1937 and 1938 taxes on I,ot 17 in Yates Subdivision, presented and read. Comr cilmau Van Duelman moved that the request of Celia Howe for suspension of the 1937 taxes on I,ot 17 in Yates Subdivisiot be denied as the request is out of the jurisdiction of the City Coun- cil and that the request of Celia Howe for suspension of the 1938 taxes on I,ot 17 iu Yates Subdivision be granted and that the Board of Supervisors be noti- fied of the action of the City Council. Seconded by Councilman Wharton. Carried by the following vote: Yeas- Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. There being no further business, Councilman Wharton moved to ad- journ. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Murphy, Council- men Clariz, Thompson, Van Duelman, 1~Tharton. Nays-None. 1. 1. SH1aA, City Clerk. Approved ______________________1940. Adopted ------------------------1940. Councilmen: ;---------------------- Attest: ------------------------------ City Clerk. 328