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1938 May Council ProceedingsRegular Session, May 2nd, 1938 95 CI~~ COllIlCIO (Official) Regular Session, May 2nd', 1938, Council met at 7:40 P, M, Day light Saving Time. Present-lliayor Clark, Council• men Thompson, Van Duelman, Wharton, City Manager Rhombsmg. Absent-Councilman Murphy. Mayor Clark 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 William Riley, no amount stated, for personal in- juries received in falling on icy sidewalk at 753 Hill Street,, pre- sented and read. Councilman Van Duelman moved to refer the claim to the City So• licitor, Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas-Mayor Clark, Councilmen Thompson, Van Duelman, Wharton. Nays-None. Absent-Councilman Murphy. Notice of Claim of Les Walker in the amount of $622.65 for per- sonal injuries received) in falling on icy sidewalk at 1091 West Fifth Street, presented and read. Councilman Van'Duelman moved to refer ttie claim to the City So• licitor. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas-Mayor Clark, Councilmen Thompson, Van Duelman, Wharton. Nays-None. Absent-Councilman Murphy, Petition of Mrs. Elizabeth Byrne requesting exemption of the 1937 tax in the amount of $7.13 on Lot 20 of Bonson & Stewart's Sub., as this property is being used for playground and recreational pur`• poses, presented and read. Councilman Thompson moved to refer the petition to the Playground and Recreation Commission. Sec• onded by Councilman Van Duel- man, Carried by th;e follbwing vote: Yeas-Mayor Clark, Councilmen Thompson, Van Duelman, Wharton. Nays-None. Absent-Councilman Murphy, Petition of Mrs. Minnie Zogg, et al, requesting the City Council to make the assessments mm~e reas- onab~e on their property for the improvement of Roosevelt Street, presented and read. Councilman Thompson moved to refer the petition to the City Man• alter for investigation and repm•t. Seconded by Councilman Vaa Duel- man. Carried by the following vote: Yeas-•Mayor Clark, Councilmen Thompson, Van Duelman, Wharton. Nays-None. Absent---Councilman Murphy. Communication of Millworkers Union No. 1646 calling the atten• I lion of the City Council to the dump which is an eye sore and a disgrace in the south part of the llubuque business and industrrial district; also that Salina Street along the railroad tracks is badly in need of repairs; also :hat street lights are needed on Charter Street; one at the entrance. of the Maize- wood Insulation Company plant and one on Main Street, presented and read. Councilman Van Duelman moved that the portion of the communica• lion relative to the condition of the dumping grounds be referred to the Board of Health for invest- igation and report and the portions of the communication relative to the repair of Salina Street and the installation of street lights on Charter Street be referred to City 14lanager Rhomberg for inve~tiga- tion and report. Seconded by Coun- cilman Thompson, Carried by the fallowing vote: Yeas-Mayor Clark, Councilmen Thompson, Van Duelman, Wharton, Nays-None. Absent-Councilman Murphy, Communication of Lime Rock Springs Company requesting that they be included on the list of industries outside of the City of Dubuque who are being provided with Cfty fire protection, pre- sented and read. Councilman Thompson moved that the name of the Lime Rock Springs Company be included on the list of industries outside of the City of Dubuque who are being pro• vided with City fire protection and that the Lime Rock Springs Com- pany conform to the same regula- lions and requirements as the other industries and institutions. Sec• onded by Councilman Van Duel- man. Carried by the following vote; Yeas-Mayor Clark, Councilmen Thompson, Van Duelman, Wharton, Nays-None. Absent-Councilman Murphy, Councilman Wharton moved that the rules be suspended for the pur- pose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman 96 Regular Session, May 2nd, 1938 Thompson. Carried by the follow- ing vote: Yeas-Mayor Clark, Councilmen Thompson, Van Duelman, Wharton. Nays-None. Absent-Councilman Murphy, Verbal request of the Ladies of the Shiloh Circle of the G. A. R. far permission to change the date of their tag day sale from Satur- day, May 21st to Saturday, October 1st presented, Councilman Wharton moved that the City Council rescind their pre• vious action in granting the request of the Shiloh Circle, Ladies of G. A, R. for permission to hold their tag day on Saturday, May 21st and that their request for a change to Saturday, October 1st for the hold- ing of their tag day be grarited. Seconded by Councilman Van Duel- man. Carried by the following vote: Yeas-Mayor Clark, Councilmen Thompson, Van Duelman, Wharton. Nays-None, Absent-Councilman Murphy, Mrs. Minnie Zogg et al addressed the Council requesting that the prayer of their petition, for a re• duction in the special assessments levied against their property far the improvement of Roosevelt Street, be granted. Mr. Gus Zeil et al addressed the Council requesting that Welbes Field be ]eased for playground and recreational purposes, Councilman Van Duelman moved that the request of Gus Zeil et al that Welbes Field be leased for playground and recreational pur• poses be referred to the City Coun- cil for further consideration. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Clark, Councilmen Thompson, Van Duelman, Wharton. Nays-None. Absent-Councilman Murphy, Mr. Jankowitz addressed the Council requesting that be be per• witted to take out a license to peddle fruit and vegetables for a six month period instead of a year• ]y license, Councilman Thompson moved that the request of Mr. Jankowitz for permission to take out a six months license for to peddle fruit and vegetables be denied, Seconded by Councilman Van Duelman. Car Tied by the following vote: Yeas-Mayor Clark, Councilmen Thompson, Van Duelman, Wharton Nays-None. Absent-Councilman Murphy, Proof of publication, certified tc by the publishers, of a statement o. receipts and also a list of claims far which warrants were drawn during the month of March, 1938, presented and read: Councilman Van Duelman moved to receive and file the proof of pub• lication, Seconded by Councilman Wharton. Carried by the follow• ing vote: Yeas-Mayor Clark, Councilmen Thompson, Van Duelman, Wharton. Nays-None. Absent-Councilman Murphy, Council Proceedings for the month of February, 1938, presented for approval. Councilman Van Duelman moved that the Council Proceedings for the month of February, 1938, be approved as printed. Seconded by Councilman Thompson. Carried by the fallowing vote: Yeas-Mayor Clark, Councilmen Thompson, Van Duelman, Wharton. Nays-None. Absent-Councilman Murphy, Resolution No. 40-38 Be It Resolved by the City Coun• cil of the City of Dubuque that it is deemed necessary and advisable and for the best interest of said City, that a contract be entered into with White-Phillips Company, a corporation of Iowa, providing for the financing of such warrants as are or may be issued against funds of said City and which can- not be paid for want of funds, and of other obligations payable from special funds wherein there may not be sufficient cash in such funds to pay the same upon maturity, such contract being hereto attached and made a part hereof, Be It Further Resolved that this resolution and contract remain on file in the office of the City Clerk for public inspection for at least one week before final adoption and approval thereof, Be It Further Resolved that, after the passage and adoption of this Resolution the Mayor and Clerk be and they are hereby directed and authorized to execute said contract for and on behalf of said City of Dubuque. Introduced and ordered placed on file with the City Clerk this 26th day of April, 1938. Passed, adopted and approved this 2nd day of May, 1938. CARL A. CLARK, Mayor, FRANK VAN DUELMAN, ALBERT WHARTON, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Regular Session, May 2nd, 1938 97 Councilman Van Duelman moved that the resolution be adopted and that the Mayor and Clerk be auth- orized to execute said contract on behalf of the City of Dubuque. Sec- onded by Councilman Wharton, Carried by the following vote: Yeas-Mayor Clark, Councilmen Thompson, Van Duelman, Wharton, Nays-None, Absent-Councilman Murphy, Davenport, Iowa, April 25, 1938, Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: In connection with the Special Assessment Bonds of your city which were due on April 1, 1938 and which remain unpaid, this is to advise that `ve will secure, if pos• sible, assignments from the present bond oNners and after the assign- ments. have been secured; we will endeavor to secure a judgment against your city in the amount of the unpaid Special Assessment Bands and interest, In the event we are able to ae- cnre said judgment, we are to be given the privilege of exchanging said judgment for General Obliga- tion Bonds of your city bearing 3u4% interest, the principal to ma• ture as mutually agreeable. In the event your city also de- sires to clean up outstanding war• rants against the various funds of the city, we will also endeavor to secure a judgment on these ~var- rants and include said judgment in with the funding of the judgment on the Special Assessment Bonds. For the judgment on the warrants, we are also to be given the priv- ilege of taking 3r/4% bonds in lieu of said judgment. In the case of said judgments against the city, we will assume all expenses in securing the assign- ments from the various bond hold- ers and will carry your warrants at an interest rate of 2%• We will also pay all of our attorneys fees in connection with the securing. of said judgment, In the event said judgment is secured, we will fur• nish the necessary forms and pre• ceedings authorizing the issuance of the new bonds, furnish the opin- ion of Chapman and Cutler, and the printed bonds, without cost to your city, The City is to furnish us with a full and complete set of proceed- ings evidencing the legality of the bonds to the satisfaction of Chap• man and Cutler. Respectfully submitted, WHITE•PHILLIPS CORP„ Davenport, Iowa. By C. A, Stutz, Secy. The above and foregoing propo- sition is hereby accepted this 2nd day of May, 1938, and we, the un- dersigned, being authorized do con• tract, agree to the above terms as set out and agree to deliver said bonds to White•Phillips Corpora• tion in the event said judgments are obtained, CITY OF DUBUQIIE, IOWA, B'y; CARL A, CLARK, Mayor, Attest: d• J. SHEA, City Clerk, Resolution No. 41-38 Whereas, applications for Beer Permits have been submitted to this Council far approval and the same have been examined: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the following applications be and the same are hereby approved and it is ordered that the premises to be occupied by such applicants shall be forthwith inspected. CLASS "B" PERMIT Arthur 5pahn and Raymond Wright (new), 169G Central Ave, CLASS "C" PERMIT Jos. J. Sullivan (renewal), 800 West Fifth Street, Harry Smith (renewal), 235 West Third Street, Passed, adopted and approved this 2nd day of May, 1938. CARL A, CLARK, Mayor. FRANK VAN DUI3LMAN, ALBERT WHARTON, F. W. THOMPSON, Councilmen, Attest: J, J, SHEA, City Clerk, Counoilman Wharton moved the adoption of the resolution, Second• ed by Councilman Van Duelman, Carried by the following vote; Yeas-Mayor Clark, Councilmen Thompson, Van Duelman, Wharton, Nays-None. Absent-Councilman Murphy, Resolution No. 42-38 Whereas, heretofore applications were filed by the within named ap- plicants for Beer Permits and they received the approval of this Coun• cil; and ;,,', r'!sI' I, ~,I ;~'~ i ~II,~ i ,IC'I' 'Ii, r ~l 98 Regular Session, May 2nd, 1938 Whereas, the premises to be oc- cupied by them have been inspect- ed and found to comply with the ordinances of this City and they have filed a proper band: Now, Therefore, Be It Resolved by the Caunci] of the City of Dubuque that the Mana• ger be and he is hereby directed to issue to the following named per- sons aBeer Permit, CLASS "B" PERMIT Arthur Spahn and Raymond Wright (new), 1696 Central Ave. CLASS "C" PERMIT Jas. J. Sullivan (renewal), 800 West Fifth Street, Harry Smith (renewal), 235 Wes: Third Street. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 2nd day of May, 1938. CARL A. CLARK, Mayor, FRANK VAN DUELMAN, ALBERT WHARTON, F. W, THOMPSON, Councilmen. Attest: J. J, SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Thomp• son. Carried by the following vote: Yeas-Mayor Clark, Councilmen Thompson, Van Duelman, Wharton. Nays-None, Absent-Councilman Murphy. Contract for Primary Road Ex• tension Maintenance between the City of Dubuque, Iowa, Party of the First Part, and the Iowa State Highway Commission, Ames, Iowa, Party of the Second Part, pre- sented, Councilman Wharton moved that the contract be placed on file with the City Clerk for public inspection for at ]east one week. Seconded by Councilman Van Duelman. Carried by the following vote; Yeas-Mayor Clark, Councilmen Thompson, Van Duelman, Wharton. Nays-None. Absent-Councilman Murphy, May 2, 1938. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the session of the City Coun- cil held March 7, 1938, the recom• mendations of the Planning and Zoning Commission on the petition of the Mettel Realty & Investment Company was referred to the City Manager for the purpose of con• ferring with the property owners. The property owners have all been interviewed and an arrange~ went has been worked out which is indicated on the accompanying correspondence. I recommend that the City Council convey the por• tions of the alley to the four pro- perty owners as outlined subject to an easement for a storm sewer that is now in the alley. Respectfully submitted, A, A. RHOMBERG, City Manager. Councilman Thompson moved that the recommendation of City Manager Rhomberg be approved and that the City Solicitor be in- structed to prepare a proper ordi- nance covering the same and that the agreements signed by the pro- perty owners be made a matter of record. Seconded by Councilman Van Duelman, Carried by the fo]• ]owing vote: Yeas-Mayor Clark, Councilmen Thompson, Van Duelman, Wharton, Nays-None. Absent-Councilman' Murphy. Agreement The undersigned, Peter Greiner, of Dubuque, Iowa, owner of lot 330 Woodlawn Park, Dubuque, Iowa, hereby consents to the vacation'of the alley between lot 165 Finley Addition and lots 328.329 and 330 Woodlawn Park, Dubuque, Iowa. Dubuque, Iowa, April 22, 1938. (Signed) PETER GREINER, Agreement The undersigned, Mattis E. Ab- bey, the owner of lot three hundred thirty-one (331) Woodlawn Park, Dubuque, Iowa, hereby consents to the vacation of the alley in the rear of said lot, provided the under- signed will be put to no ,expense in connection therewith. Signed at Decorah, Iowa, this 19th day of April, A,D., 1938, (Signed)' MATTIE E. ABBEY. Agreement The undersigned, Realty Invest• ors Corporation, the owner of lot three hundred thirty-two (332) Woodlawn Park, Dubuque, Iowa, hereby consent to the proposed va- cation of the alley in the rear of said lot, provided the undersigned will be put to no expense in con- nection therewith. Signed at Dubuque, Iowa, this 23rd day of April, A.D., 1938, (Signed) REALTY INVESTORS CORP., By Wm. H, Keller, Secy, Regular Session, May 2nd, 1938 99 Agreement The undersigned, Louia J Knockel, the owner of lot one hun dyed sixty-five (165) in Finley Addf tion, Dubuque, Iowa, hereby con sents to the proposed vacation of the alley between said lot and lots 328, 329, 330, 331 and 332 Wood• lawn Park, Dubuque, Iowa, Signed at Dubuque, Iowa, this 27th day of April, A,D., 1938, (Signed) L. J. KNOCKEL, Agreement The undersigned, Amelia Curtis, the owner of lots three hundred twenty-eight (328) and three hun• dred twenty-nine (329) Woodlawn Park, Dubuque, Iowa, hereby con- sent to the proposed vacation of the alley between said lots and lot one hundred sixty-five (165) in Finley Addition, Signed at Dubuque, Iowa, this 27th day of April, A.D., 1938. (Signed) AMELIA C, CURTIS. April 29, 1938. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen; Pursuant to your directions of April 21, 1938, requesting prepara- tion of an ordinance covering the installation of a concrete and brick platform extending two feet (2 ft.) into the street adjacent to the Southeasterly two•fifths (Sely. 2.5ths) of Lot 465, of the original town( now city) of Dubuque, Iowa, owned by Homer V. Butt, I submit herewith proposed ordinance with the recommendation that the same be enacted by your body. Respectfully submitted, AL, J. NELSON, City Solicitor. Councilman Wharton moved that the communication of City Solicitor Nelson be made a matter of record. Seconded by Councilman Van Duel- man. Carried by the following vote: Yeas-Mayor Clark, Councilmen Thompson, Van Duelman, Wharton, Nays-None, Absent-Councilman Murphy, Ordinance No. 9-3(i An ordinance granting to Homer V, Butt, his heirs and assigns, the right to construct and maintain, an ingress and egress platform in the street and upon the sidewalk of the street designated as West Twelfth Street, abutting the Southeasterly two•fifths (Sely. 2-5's) of City Lot Four :Hundred Sixty~five (466) in the Town (now city) of Dubuque; prescribing the conditions of such permit, presented and read, Councilman Van Duelman moved that the reading just had be con- sidered the first reading of the ordinance. Seconded by Council• man Thompson. Carried by the fol- lowing vote: Yeas-Mayor Clark, Councilmen Tlrompson, Van Duelman, Wharton, Nays-None. Absent-Councilman Murphy. Councilman Van Duelman moved that the rules be suspended requir- ing an ordinance to be read on three separate days. Seconded by Councilman Thompson, Carried by the following vote; Yeas-Mayor Clark, Councilmen Thompson, Van Duelman, Wharton, Nays-None. Absent-Councilman Murphy. The ordinance was then read a second time. Councilman Van Duelman moved that the reading just had be con- sidered the second reading of the ordinance, Seconded by Council• man Thompson. Carried by the following vote: Yeas-Mayor Clark, Councilmen Thompson, Vap Duelman, Wharton, Nays-None, Absent_Councilman Murphy. April 29, 1938. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen; The notice of levy and sale in the case of D, W. Bates, Receiver vs. Emma Schmid, et al, referred to the City Solicitor under date of April 6, 1938,, is herewith returned to your honorable body with the recommendation that the same be received and filed. Respectfully submitted, AL. J. NELSON, City Solicitor. Councilman Van Duelman moved that the recommendation of City Solicitor Nelson be made a matter of record, Seconded by Council- man Wharton. Carried by the fol• ]owing vote: Yeas-Mayor Clark, Councilmen Tlrompson, Van Duelman, Wharton, Nays-None, Absent-Councilman Murphy. May 2, 1938 To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: At your Council meeting of April 4, 1938, there was referred to the City Solicitor with instructions to submit a report back to the Council ,,~, it 100 Regular Session, May 2nd, 1938 the matter of regulating the charges made for bus fare by the Interstate Power Company. In ac• cordance with your directions and instructions, I beg to report, as follows: I find that Sections 8, 9 and 10 of the franchise ordinance granting to the Dubuque Electric Company and its successor, the right to construct, maintain and operate lines of street railway on the streets of the City of Dubuque, and regulating the operation of the same, which said ordinance was passed by the City Council of the City of Dubuque on the 14th day of February, 1922, and approved by the electors of the City of Du• buque at a regular city election held on the 27th day of March, 1932, and accepted by the Dubuque Electric Company under date of June 10, 1922, is still in force as amended by subsequent ordinances adopted by the City Council; These sections of the original franchise ordinance provide that: "The company (Dubuque Electric Company or its successors) shall be permitted to charge a reason- able and just rate of fare for street car service furnished by it, such rate of fare to be based upon a fair rate upon the value of the pro• perty actually and necessarily em• ployed in the operation of the street car system in Dubuque, pro• vided, however, that the City Coun- cil reserve the right from time to time to fix reasonable and just rates for such service, subject to the right of the company to have the reasonableness and justice of such rates determined by a Court of competent jurisdiction in a pro• ceeding for that purpose." The sections of this ordinance further provide that the rates of transportation shall not be in• creased until such increase has been authorized by the City Coun- cil or by some rate•fixing body, if there be such, or until such in• crease has been granted by a Court of competent jurisdiction. These sections of this franchise ordinance also provide that the rates of Pare for children under 12 years and school children during certain periods shall be one-half of the regular fare. I further find that from time to time, by authority of the City Coun• cil of the City of Dubuque, the In• terstate Power Company, successor of the Dubuque Electric Company was authorized to substitute buses for street cars on certain lines of transportation in the city, and that on May 18, 1931, the Interstate Power Company filed a petition with the City Council requesting the substitution of buses for street cars on certain lines of transporta~ tion, and also requesting: "Change present rate of transpor• tatiou to 3 tokens for 25 cents with a 10 cent cash fare for adults, and one-half the adult rate to apply to children under 12 years and for school students under the age of 18 years during school hours as provided in our franchise:' This petition and particularly that part of the petition referring to rates of transportation was granted by the City Council on the 18th day of May, 1931. I find no provision in either the original franchise, or in any ordi• nances amending the same, pro• hibiting the company from reduc• ing the rates of transportation, but do find that said rates of transpor• tation shall not be increased until authorization for such increase, as given on the 18th day of May, 1931, has been granted by the City Coun• cil, and that under the provisions of the franchise ordinance the City Council has jurisdiction of the rates of transportation and the right to fix reasonable and just rates. I find further that by an ordi• nonce of the City Counci11932,pthe on the 12th day of July, Interstate Power Company as suc• cessor of the Dubuque Electric Company is granted authority tc substitute motor bus transporta~ tion in its entirety for street car transportation in the City of Du• buque, and that said ordinance granting such substitution provides that all of the provisions of Sec• tion 8 and 9 of the original fran• chise ordinance and amendments thereto relating to fares shall apply to the operation of buses author- ized under the provisions of this ordinance of July 12, 1932. Determination of the proper or reasonable rate for such service is necessarily confined to the facts and circumstances of the particular case in question. The test of rea- sonableness is not to be confined to a comparison of rates in force in other communities, but is to be governed by the value of the ser• vice in the particular community in which the rate is under consid• eration. Respectfully submitted, AL. J. NELSON, City Solicitor. Councilman Van Duelman moved that the report of City Solicitor Nelson be made a matter of record, Special Session, May 2nd, 1938 101 Seconded by Councilman Wharton, Carried by the following vote: Yeas-Mayor Clark, Councilmen Thompson, Van Duelman, Wharton, Nays-None. Absent-Councilman Murphy, Councilman Wharton moved that the matter of regulating the charges made for bus fare by the Interstate Power Company be re• (erred to the City Council for further consideration, Seconded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Clark, Councilmen Thompson, Van Duelman, Wharton. Nays-None. Absent-Councilman Murphy, There being no further business Councilman Van Duelman moved to adjourn. Seconded by Council• man Thompson, Carried by the fol• lowing vote: Yeas-Mayor Clark, Councilmen Thompson, Van Duelman, Wharton. Nays-None. Absent-Councilman Murphy. J. J, SHEA, City Clerk, Approved ..................................1938. Adapted ....................................1938. Councilmon: ~ ...................................... ............................:..... y.. Attest :................................................ City Clerk. Board of Nealth (Official) Special Session, May 2nd., 1938. Board met at 9.05 p,m. Daylight Saving Time. Present -Chairman Carl A, Clark, Messrs. F, W. Thompson, Frank Van Duelman, Albert Whar- ton. Absent-Mr, Geo, R. Murphy, Communication of P, J. Heuser, Industrial Hygiene Engr. State De• partment of Health, relative to the nuisance condition caused by gases from the rack wool manufacturing plant of the General Insulating Co„ and advising that the logical and most positive solution to this prob• lem is to remove the cupola stack gases by means of a scrubber or spray tower wherein the gases are removed by contact with an a~sorb- ing medium such as water and ad• vising that if the nuisance is not abated within a reasonable period of time that this Department will be forced to direct the Local Board of Health to have the nuisance abated, presented and read. Mr. Frank Van Duelman moved that the City Manager and Health Director be instructed to confer with the officials of The General Insulating Company as to the re• commendation and instructions em• bodied in the letter as submitted by P. J. Heuser, Industrial Hygiene Engineer, State Department of Health, Seconded by Mr. F. W. Thompson. Carried by the follow- ing vote: Yeas-Chairman Carl A. Clark, Messrs. F. W, Thompson, Frank Van Duelman, Albert Wharton, Nays-None, Absent-Mr. Geo. R. Murphy. There being no further business Mr. Frank Van Duelman moved that the Board of Health adjourn. Seconded by Mr, Albert Wharton, Carried by the following vote; Yeas-Chairman Carl A. Clark, Messrs. F. W, Thompson, Frank Van Duelman, Albert Wharton, ' ~ ~. ;,' 102 Special Session, Nays-None, Absent-Mr. Geo. R. Murphy. J. J, SHEA, Clerk, Board of Health. Approved ..................................1938 Ad'optetl ....................................1938. Members of Bcard of ........................................ Health Attest :............................................... Clerk, Board of Health. May 20th, 1938 City Council (Official) Special Session, May 20th„ 1938. Council met at 7:45 p.m., Day light Saving Time. Present-Mayor Clark, Council• men Murphy, Thompson, Van Duel• man, Wharton, City Manager ~,hom- berg. Meeting called by order of Coun• cilmen Wharton and Van Duelman. Mayor Clark read the call and stated that service thereof had been duly made and that this meet- ing is called far the purpose of considering petitions urging the City Council to promptly rescind its action whereby it approved Day- light Saving Time and acting on any other business as may properly come before a regular meeting of the City Council, Resolution No.43-38 Whereas, applications for 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 fol- lowing applications be and the same are hereby approved and it is ordered that the premises to be occupied by such applicants shall be forthwith inspected. CLASS "B" PERMIT Daniel E, Daly (new), 678 Cen- tral Avenue. Frank Reis (new), 553 West 8th Avenue. Elwood Buse (new), 2400 Cen- tral Avenue. Harry N, Gantert (renewal), 1301 Rhomberg Avenue, CLASS "B" PERMIT FOR PRIVATE CLUB Dubuque Metal Trades Council Club (new), 290 West 4th Street. CLASS "C" PERMIT Jacob Schwietering, 898 Main St. Mrs, Ethel Mae Barrett, 2401 Jackson Street. Passed, adopted and approved this 20th day of. May, 1938. CARL A, CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON, Councilmen. Attest: J, J. SHN9A, City Clerk, Councilman Murphy moved the adoption of the resolution, Second• ecial Session, May 20th, 1938 103 ed by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton, Nays-None, Resolution No. 44-38 Whereas, heretofore applications were filed by the within named applicants for Beer Permits and they received the approval of this Council; and Whereas, the premises to be oc- cupied by them have been inspect- ed 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 Mana- ger be and he is hereby directed to issue to the following named per- sons aBeer Permit. CLASS "B" PERMIT Daniel E. Daly (new), 673 Cen- tral Avenue. Frank Reis (new), 553 Nest 8th Avenue. Elwood Buse (new), 2400 Cen- tral Avenue. Harry N. Gantet•t (renewal), 1301 Rhomberg Avenue, CLASS "B" PERMIT FOR PRIVATE CLUB Dubuque Meta] Trades Council Club (new), 290 West 4th Street, CLASS "C" PERMIT Jacob Schwietering, 898 Main St. Mrs. Ethel Mae Barrett, 2401 Jackson Street. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 20th day of May, 1938. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO, R. MURPHY, F. W. THOMPSON, Councilmen. Attest; J. J. SHEA, City Cleric. Councilman Murphy moved the adaptien of the resolution, Second- ed by Councilman Van Duelman. Carried by the following vote; Yeas-Mayor Clark, Councilmen Dlurphy, Thompson, Van Duelman, Wharton, Nays-None, Petitions of Roshek Bros. Co: et al, wholesalers, jobbers and retail- ers urging the City Council to promptly rescind its action where- by it approved Daylight Saving Time, presented and read. Councilman Murphy moved to suspend the rules fot• the purpose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Second- ed by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton, Nays--None. Messrs. Ada Genz, Wm. Clemens, Dr. Wayne Johnson, Dalton Urbach, C, H. Wunderlich, Ernest Kretz, Mark R. Kane and Herman Lott addressed the Council requesting that the prayer of their petition be granted, Mr. Leo Steffen and Mr. Pihart addressed the Council opposing the granting of petition to change back to Central Standard Time. Councilman Wharton moved that on Sunday night next that the City Clocks be turned baclt to Central Standard Time and that the City Offices open Monday morning on Central Standard Time and that the Mayor be directed to issue a proclamation directing that tits City of Dubuque return to Standard Time and that the question be de- cided by the City Council by ballot. Seconded by Councilman Van Duel- man. Carried by the following vote: Yeas-Mayor Clat•k, Councilmen Murphy, Thompson, Van Duelman, Wharton, Nays-None. The City Clerk then tallied the ballots and the tally shotived the fallowing result: Yeas-Five Ballots. Nays-None. Claim of J, M. Davison, Jt•., in the amount of $25.00 far personal in- juries received in stepping an loose manhole cover at the northeast corner of Seventh and Iowa Streets, presented and .read. Councilman Dlurphy moved to refer the claim to the City Solicitor, Seconded by Councilman Van Duel- man. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton, Nays-None, Notice of Claim of Dan Heitz in the amount of $35.00 for- damages received to his automobile caused in striking a hole in the street on Southern Avenue at a point approx- imately 200 feet south of Harold Barrett store, presented and read, Councilman Murphy moved to refer the claim to the City Solicitor. Seconded by Councilman Van Duel- 104 Special Session, May 20th, 1938 man. Carried by the following vote; Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Notice of Claim of Orland Dris- coll in the amount of $75,00 for per• sonal injuries received while riding in the automobile of Dan Heitz, said automobile striking a hole in the street on Southern Avenue at a paint approximately 200 feet south of Harold Barrett Store, presented and read. Councilman Murphy moved to re- fer the claim to the City Solicitor. Seconded by Councilman Van Duel- man Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton, Nays-None. Communication of Mrs, Adeline Ifluseman, Chairman of the Invita- tion Committee of the Memorial Day Parade, extending invitation to the City Council to take part in the Memorial Day Parade, presented and read. Councilman Murpby moved that the invitation be accepted. Second- ed by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None, Communication of Ray E. Lick- lider submitting his application for the office of Police Judge, if and when there is a vacancy, presented and read. Councilman Van Duelman moved to refer the communication to the City Council for further considerate tion, Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton, Nays-None. Communication of George W. Hird submitting his application for the office of Police Judge, for future reference, presented and read. Councilman Van Duelman moved to refer the communication to the City Councfl for further considera- tion, Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton, Nays-None. Communication of D u b u q u e Trades and Labor Congress submit- ting enclosed resolution which was adapted by their organization r~ questing that a project be secured for the erection of a permanent concrete band shell at Eagle Point Parlc, presented and read. Councilman Thompson moved to refer the communication and en- closed resolution to the Park Board with the recommendation of the City Council that the project be sponsored by the Park Board. Sec• onded by Councilman Van Duel- man. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton, Nays-None. Communication of Charles Mc- Lean, Chairman on Waterways of Dubuque Chamber of Commerce, calling the attention of the Ctty Council to the present need for the dredging of the Mississippi River at Dubuque and of advising the War Department of this necessity through formal action by the City Council, presented and read. Mr. Charles McLean addressed the Council requesting that the City Council give immediate atten• tion to the request as Set out in his communication, Councilman Wharton moved to refer the communication to the City Council and City Manager, with the assistance of Mr. Charles McLean, to take proper action Seconded by Councilman Van Duel- man. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton, Nays-None. Communication of the Village of Stockton, Illinois, extending greet- ings in commemoration of the ini- tial air mail flight from Stockton, Illinois, presented and read. Councilman Murphy moved to re• ceive and file the communication. Seconded by Councilman Van Duel- man. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton, Nays-None. Petition of Arthur W. Ott, Chair- man of the Committee of the local Undertvritera Association request- ing permission to place a banner across Main Street during the cele- bration of Life Insurance Week, presented and read. City Manager Rhomberg inform- ing the City Council that on ac- count of no Council Meeting being scheduled that he had granted per- mission for the erection of the banner as requested in the petition. Councilman Wharton moved that Special Session, May 20th, 1938 lOS the action of City Manager Rhom- berg be approved. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Petition of B. C. Schmid request- ing permission to erect a cloth ban- ner act`oss Main Street for the pur• pose of announcing his entry in the race for the nomination of U. S. Congressman of the 2nd, District, presented and read, Councilman Wharton moved to refer the petition to the City Coun- cil. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayer Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None, Petition of the City Market re• questing permission to build a plat- form in the alley in the rear of their building located at 13th and Central Avenue, presented and read. Councilman Murphy moved to refer the petition to the Bhilding Commissioner for investigation and report. Seconded by Councilman Van Duelman Carried by the fol• lowing vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton, Nays-None. Petition of Mt. Olivet Cemetery Association requesting that fire protection be given for their build- ings located four miles south of the City at the intersection of State Highways No. 61 and No, 151 and that they be included in the list of institutions outside of the City Limits who are to receive service from the Fire Department in case of fire, presented and read. Councilman Thompson moved that the request be granted. Sec- onded by Councilman Murphy, Car• ried by the fallowing vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton Nays-None, Petition of William F. Hein et al requesting that a turn around be constructed at the north end oP Lawndale Street, presented and read, Councilman Van Duelman moved to refer the petition to the City Council tc view the grounds and the interested parties to be notified to be present. Seconded by Coun- cilman Wharton, Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton, Nays-None. Petition of Edw. H. Wiedner et al requesting that the streets east of Railroad Tracks at 17th to Syca• more Street and from Sycamore Street to the Milwaukee Shops be repaired, presented and read, Councilman Murphy moved to refer the petition to the City Man- ager to make the necessary repairs. Seconded by Councilman Van Duel- man, Carried by the following vote; Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None, Petition of Anna Struber et al requesting the City Council to deter the present owner of the property at 581 Seminary Street from establishing a tinshop in the two story building in the rear of said property, presented and read, Councilman Murphy moved to refer the petition to the Planning and Zoning Commission for invest- igation and report. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Petition of Josephine Flynn, re- ferred to the City Council by the Board of Supervisors, requesting suspension of the 1937 taxes on N. M, 20 feet of City Lot 83, presented and read, Councilman Thompson moved to refer the petition to the City Solici- tor for investigation and report. Secouded by Councilman Murphy, Carried by the following vote: Yeas-Mayor Clark, Councilmen Mm'phy, Thompson, Van Duelman, Wharton. Nays-None, Petition of Mrs, Anna T, Cox et a] requesting the City Council to take steps to end the menace to health caused by the saw dust from the Farley & Loetscher and Carr Ryder & Adams Manufacturing plants, presented and read. Councilman Murphy moved to re- fer the petition to the City Mana• ger. Seconded by Councilman Van Duelman. Carried by the follow- ing vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Petition of Albert G. Hird et al requesting the City Council to take such action as will make the west- ernmost block of Seminary Street, i °o 0 106 Special Session, May 20th, 1938 - within the city limits, safe and fit for traffic and that the dump which is within the city limits on said street be covered and further dump• ing pt•ohibited, presented and read. Councilman Murphy moved that that portion of the petition relative to the repairing of the street be referred to the City Manager for I investigation and report and the portion of the petition relative to the dump be referred to the City Manager and Chief of Police far investigation and report, Seconded by Councilman Van Duelman, Car- ried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton Nays-None, Council Proceedings far the month of March, 1938, presented for approval, Councilman Murphy moved that the Council Proceedings for the month of March, 1938, be approved as printed, Seconded by Council- man Thompsor. Carried by the following vote; Yeas-Mayor Clark, Councilmen Mul•phy, Thompson, Van Duelman, Wharton. Nays-None. Ordinance No. 9-38 An ordinance granting to Homer V. Butt, his heirs and assigns, the right to construct and maintain, and ingress and egress platform in the street and upon the sidewalk of the street designated as West Twelfth Street, abutting the South- easterly two-fifths (Sely. 2.5's) of City Lot Pour Hundred Sixty-five (465) in the Town (now city) of Dubuque; prescribing the condi- tions of such permit, said ordinance having been passed upon first and second readings on May 2nd., 1938, presented and read a third time. ORDINANCE N0. 9-38 An ordinnance granting to Homer V. Butt, his heirs and assigns, the right to construct and maintain, an ingress and egress platform in the street and upon the sidewalk of the street designated as West Twelfth Street, abutting the Southeasterly two-fifths (Sely. 2-5's) of City Lot Four I3undt•ed Sixq•-five (4G5) in the Town (now city) of Dubuque; pre- scribing the conditions of such per- mit. Be it ordained by the City Council of the City of Dubuque: Par. GG9. Section 1.-That Hamer V. Btttt, his heirs and assigns, be, and he is hereby granted the right and authority to construct and main- tain an ingress and egress Platform in the street and upon the sidewalk of the street designated as , West Twelfth Street abutting the South- easterly two-fifths of Lot 4G5 in the original town (now city) of Dubuque, said platform to be 19 feet in length and 5 feet G inches in width, of which width 8 feet thereof shall extend in- to and upon Twelfth Street, the same to be used in connection with the use and occupancy of the building upon said Smttheasterly two-fifths of Lot 465, of the original town (now city) of Dubuque, said struchu~e to lie built under the supervision of the Building Commissioner of the City of Dubuque. Par. 67i' Section ~It is under- stood and provided that such right, license and permission to use said street is subject to the continuous control of the City Council of this City, reserving the right to impose restrictions m• conditions upon the enjoyment thereof as may be rea- sonably necessary for the protection of the public interest, .including the right to revoke and rescind such per- mission if at any time the ptthlic in- terest should require such revocation. If and when such permit, right and license is revoked by the City Coun- cil, said Homer Btttt. his heirs or as- signs shall remove such platform at his or their onm expense and restore such Part of the street and sidewalk as has been occupied thereby to the same condition it ryas in prior to the cansU•nction of such platform. Par. G71. Section 3-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 richts hereunder which accrue to said Homer V. Butt, his heirs and assigns, when the pro- visions hereof shall have been ac- cepted by him. Passed upon the first and second readings this 2nd dap of ~'tay. 1938. Passed, adopted and approved upon final reading this 20th day of May. 193s, CART A, CLARI{, Mayor. FRANTZ pAN PTiPT.i•4AN, ALREF.T IdtHARTON, GEO. R. MURPTTY, F, tV, mHOMPSON, Councilmen. Attest: .T .J. SHEA, City Clerk. ACCEPTANCE BY HOMER V. BUTT Homer V. Butt does hereb7~ accept the terms, provisions and conditions of the ordinance adapted by the City Cotmcil of Dnbnpue. designated as Ordinance Na. 9-RR, an m•dinance granting to Hamer V Butt. his heirs and assigns the right to construct and maintain an ingress and egress platform anon the strAet and side- tvsllc abutting the Southeasterly two- fifths of i.ot ^06 of the originat town (now cib•t of Duhupue. presrrihinq the conditions of ~.sncb permit, this 24th day of May. 193A, HOMER V. BUTT. Publi.ahen officially in The Tele- granh-Hera~d newspaper the 25th day of May. 1939. J. ,i. SHPA. 5-25-1t City Clerk. Councilman Murphy moved the adoption of the ordinance, Second- ed by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. ecial Session, May 20th, 1938 107 May 5th., 1938, To the City Council, Dubuque, Iowa. Gentlemen: Pursuant to your instructions to investigate dumps on lower Main Street I wi;;h to state that such an investigation has been made. The dump opposite the Maizewood Com- pany is owned by the City and the Molc Company. The dump next to the Witwer Company is owned by Mr, Spensley, The city is dumping in both places. The nuisance main• ]y arises from flying papel• and as such is a public nuisance and is not directly injurious to health, We recommend that a man be em- ployed to work on these dumps and cover up al] such material as it is dumped. Respectfully submitted, W. J, CGNNELL, Director of Health, Health Department, Dubuque, Iowa. Councilman Thompson moved that the communication of Health Director Connell be received and piled, Seconded by Councilman Murphy, Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton, Nays-None, Dubuque, Iowa, May 19th,, 1938, To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen; In accordance with the provi- sions of Chapter 289 of the Code of Iowa, 1935, as amended, the Civil Service Commission conducted competitive examinations for• elig- ible list fm• appointment to the position of Ambulance Driver. A total of sixteen persons took said examination and the following list shows the names of those tivho passed the examination with an average of 70% or better. This examination was conducted on May 11th,, 1938. Harry M. Haggerty, 91%, Leonard Joseph Anglin, 76%, Robert L, Golden, 70%. Respectfully submitted, E. J. RYAN, Chairman. W. J, RAWSCN, C. S. HARKER, Commissioners. J, J. SIIEA, Clerk, Civil Service Commission. State of Iowa County of Dubuque SS, Subscribed and sworn to before me, a Notary Public in and for Du• buque County, State of Iowa, this 19th day of May, 1938. (SEAL) C, A. REED, Notary Public in and for Dubuque County, State of Iowa. Councilman Murphy moved that the communication of the Civil Service Commission be made a matter of record. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. May 5, 1938. To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: I am submitting hel•ewith reports of the City Auditor, City Treasurer and City Water Department for the month of April, 1938, also list of claims and list of payrolls fm' which warrants were drawn during the month of April, 1938, Respectfully submitted, A, A. RHCMBERG, City Manager. Councilman Murphy moved that the reports be received and placed on file. Seconded by Councilman Thompson, Carried by the follow- ing vote; Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton, Nays-None, Contract for Primary Road Ex- tension Maintenance between the City of Dubuque and the Iowa State Highway Commission, Ames, Iowa, said contract having been placed on file on May 2nd, 1938, for public inspection, presented for final ap• proval. Councilman Wharton moved that the contract be approved and that the Mayor be authorized to execute the same on behalf of the City of Dubuque,, Iowa. Seconded by Coun- cilman Van Duelman. Carried by the following vote; Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton, Nays-None, Verbal r•epor•t of City Solicitor Nelson recommending the settle- ment of the personal injury claim of A, L. Mutschler in the amount of $8.00 for injuries received in fall- ing on icy sidewalk in front of the residence located at 2439 Cherry Street, presented. Councilman Murphy moved that the recommendation of City Solici- +~ 108 Special Session, May ZOth, 1938 Special Session, May 20th, 1938 109 for Nelson be approved and that a warrant in the amount of $8,00 be ordered drawn on the City Treas- urer in favor of A. L. Mutschler as settlement in full of his personal injury claim. Seconded by Coun- cilman Wharton. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Verbal report of City Solicitor Nelson recommending that the claim of Les Walker in the amount of $G22.65 for personal injuries re- ceived in falling on icy sidewalk at 1091 West 5th Street, be disallowed in view of the fact that said claim was not filed within statutory time, presented. Councilman Van Duelman moved that the recommendation of City Solicitor Nelson be approved, Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. May 20, 1938. To the Honorable Mayor, City Council of the City of Dubuque: Gentlemen; In response to the directions of your honorable body to the City Solicitor directing the preparation and submission of proper ordi• nances covering the changing of certain bus routes in the City of Dubuque, and the rerouting of buses upon these routes in accord- ance with the request and petitions filed with your body asking for the same, I beg to submit the following report, recommendations, and pro• posed ordinances. I find upon ex- amination of the franchise of the Interstate Power Company relative to its transportation system, and Uhe ordinances later passed chang- ing the method of transportation from street cars to buses, and later ordinances amending and changing certain methods, and ex- amination of the schedule under which buses are being routed over streets which are not designated in either the franchise or in any subsequent ordinance designating bus routes, and that buses are be- ing operated over four different specific routes which `vere never provided for by either franchise or subsequent ordinance, and that in Uhe caso of changing these routes, buses are being operated over streets iu the City of Du• buque which are not included in any of the other bus routes pro vided for by either franchise or ordinance. I find upon investigation that these changes made in designated bus routes, and these particular routes over which buses are sched- uled and operated, have been pro- vided by the company, and service thereon furnished because of de- mand therefor, and because the patronage thereof warrants the additional service. In view of this fact, and of the fact thaU the pre- sent rooting of buses was appar- ently determined upon by the transportation company in the at- tempt to satisfy the requirements of the different sections of the city, and, after investigation and conference with both the superin- tendent of transportation of the Interstate Power Company, and the City 11lanager, during which the entire transportation system was exhaustibly studied and consid- ered, and in order to have all the buses now operating, operate over streets properly provided for by ordinance, I am recommending the adoption of the attached ordi- nances which repeal the former ordinances with referenceto routes and adopt in lieu thereof, an ordi- nance covering the entire transpor- tation system, setting forth in de- tail each of the specific routes over which buses are being operated, and which inchides the change in the Grandview route over Bennett Street, and in the Fremont Route over Dodge Street, which ivas spe- cifically ordered by your body. I would recommend the adoption of the attached ordinances, the first ordinance repealing Ordinance No. 9-33; the second ordinance re- pealing Ordinance No. 20-32, and the third ordinance amending Or- dinance No. 15-32, the original bus routing ordinance. Respectfully submitted, AL. J. NELSON, City Solicitor, Councilman Murphy moved that the recommendation of City Solici- tor Nelson be approved and that the communication be made a matter of record, Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton, Nays-None, Ordinance No, 10-1938 An Ordinance repealing Ordi- nance No. 9-33 entitled: "An ordinance amending an ordinance entitled, 'An ordinance authorizing Interstate Power Company, its suc• cessors and assigns to substitute motor bus transportation for street railway transportation in the City of Dubuque; fixing a time for the removal of rails, ties, poles, and appurtenances from the streets and the restoration of streets; de- signating motor bus routes; pre- scribing the places for loadiug and discharging of passengers; impos- ing conditions upon the rights granted by this ordinance; pro- vidingfor the continuance in effect of all the provisions of the fran• chise ordinance of said Interstate Power Company not inconsistent herewith; and requiring an ac• ceptance of the provisions hereof', as amended by Ordinance No. 20-32 by repealing that portion of Paragrapl 258, Section 12, Route 7, and enacting a substitute in lieu thereof", presented and read, Councilman Van Duelman moved that the reading just had be con- sidered the first reading of the ordinance. Seconded by Council- man Murphy. Carried by the fol- ]owiug vote: Yeas-Mayor Clark, Councilmen Murphy, Thompsmt, Van Duelman, Wharton. Nays-None. Councilman Van Duelman moved that the rules be suspended re• quiring an ordinance to be read on tln'ee separate days. Seconded by Councilman Murphy. Carried by the following vote: Yeas--Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton, Nays-None, Tho 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 Murphy. Carried by the following vote: Yeas-Mayor Clark, Cottncihuen Murphy, Thompson, Van Duelman, Wharton. Nays-None, Ordinance No, 11-1938 An ordinance repealing Ordi- nance No. 20-32 entitled: "An ordinance amending an ordinance entitled 'No, 15-32. An ordinance authorizing the Interstate Power Company,. its successm's and as- signs, to substitute motor bus transportation for street railway transportation in the City of Du- buque; fixing a time far the re- moval of rails, ties, poles and appurtenances from tho streets and the restoration of streets; de- signating motor bus routes; pre- scribing the places for loading and discharging of passengers, impos- ing conditions upon the rights granted by this ordinance; provid- ing for the continuance iu effect of all of the provisions of the fran- chise ordinance of said Interstate Power Company not inconsistent herewith; and requiring an accept- ance of the provisions hereof', by repealing that portion of Para- graph 258, Section 12, describing Route 5, and enacting a substitute in lieu thereof", presented and read. Councilman Van Duelman moved that the reading just had be considered the first reading of Uhe ordinance. Seconded by Coun- cilman Thompson. Carried by the follotiving vote: Yeas-Mayor Clark, Councilmen Murphy, 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. Seconded by Cottncilmau Thompson. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duehuan, Wharton. Nays--None. The ordinance was then read a second time, Councilman Van Duelman moved that the reading just had be considered the second reading of the ordinance. Seconded by Councilman Thompson. Carried by the follotiving'vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van lluehuau, Wharton. Nays-None. Ordinance No. 12-1938 An Ordnance amending an Ordi- nance entitled: "Ordinance No- 15-32. An ordinance authorizing Interstate Power Company, Its Sl1C- cessors and assigns to substitute motor bus transpm•t~tion for sheet railway transportation iu the City of Dubuque; fixing a time far the removal of rails, ties, poles, and appurtenances from the streets and the restoration of streets; de- signating~ motor bus routes; pre- scribing the places far the loadiug• and discharging of passengers; inr- posing conditions upon rights granted by this ordinance; provid- ing for the continuance iu effect of all the provisions of the franchise ordinance of said Interstate Power Company not inconsistent here- with; and requiring an acceptance of the provisions hereof," by re~ pealing Paragraph 258, Section 12, and enacting a substitute in lieu thereof, presented and read. Councilman Van Duelman moved Uhat the reading just had be considered the first reading of the ordinance. Seconded by Coun• 110 Special Session, May 20th, 1938 Gilman Wharton. Gamed by the following vote: Yeas-Mayor Clark, Councilmen Murphy, 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. Seconded by Councilman Wharton. Carried by the fallowing vote; Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, W harLon. Nays-None, The ordinance was then read a second time. Councilman Van Duelman moved that t{to reading just had be considered the second reading of the ordinance. Secmrded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, V•an Duelman, Wharton, Nays-None. There being no j'urther business Councilman Van Duelman moved to adjourn. Seconded by Couucii- man Murphy. Carried by the fol- lowing vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Vau Duelman, Wharton. Nays-None, J. J. SHEA, City Clerk. Approved ..................................1938. Adopted ....................................1938. Councilmen : 1 ...................................... Attest : .................................... City Clerlr. Regular Session, June 6th, 1938 111 ~I$~ COll11C1~ (Official) Regular Session, June 0th, 1938, Council met at 8;05 P. M. Present-Mayor Clark, Council- men Murphy, Thompson, Van Duel• man, Wharton, and City Manager Rhomberg. Mayor Clark stated that this is the regular monthly meeting of the City Council for the purpose of act- ing upon such business as~ may properly come before the meeting. Claim of Mrs. Laura Bircher in the amount of $500.00 far personal injuries received from tripping an a raised brick in the sidewalk on the south side of West 'Eleventh Street between Walnut Street and the first alley west of Walnut Street about 11 feet east of a pri• vote driveway going into the G. F. Kauffman property and at a point north of the Kauffman property, presented and read. Councilman Murphy moved to re- fer the claim to the City Solicitor. Seconded by Councilman Van Duel- man. Carried by the following vote; Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duolman, Wharton. Nays-None. Notice of Claim of William Mur- phy, father and next friend of Pa- tricia Ann Murphy, a minor, in the amount of $1,000,00 fot• injuries re- ceived by Patricia Ann Murphy in falling into a depression located in and upon the sidewalk abutting a residence situated 'at 157 South Lo- cust Street, presented and read. Councilman Murphy moved to re- fer' the claim to the City Solicitor. Seconded by Councilman Van Duel, man. Carried by the following vote: Yes-Mayor Clark, Councilmen 1Vlurphy, Thompson, Van Duelman, Wharton. Nays-None. Claim of Mrs. Barbara Kartman in an amount to cover hospital and doctor bills, which bills will be filed later, far injm•ies received while riding in an automobile oper- ated by her son, said automobile dropped into a hole on West 3rd Street just off Hill Street, present- ed and read. Councilman Thompson moved to refer the claim to the City Solic- itor. Seconded by Councilman Mur- phy. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Communication of Fischer & Company, Inc., submitting invoice in the amount of $33.24 far dam- ages to a truck of Armour & Com- pany which was serviced at their station on April 23rd, and stating that in parking on Locust Street between 3rd and 4th an overhang- ing limb caused damages to said truck in the amount of the receipt- ed invoice, presented and read. Councilman Van Duelman moved to refer the communication with attached receipted invoice to the Park Board. Seconded by Council- man Murphy. Carried by the fol- lowing vote: Yeas-Mayor Clarlc, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Original Notice of Suit of Otto Burkart in the amount of $127.26 for damage to his automobile at the intersection of West 14th and Henion Streets, said damage result- ing from the placing of two large piles of snow in the traveled por• tion of said West 14th Street, pt'e- seated and road. Councilman Murphy moved to re- fer the Original Notice of Suit to the City Solicitor. Seconded by Councilman Van Duelman. Carried by the following vote; Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Communication of J, Edward Whelan submitting application for the position of Police Judge for the rest of the 1938 term, present- ed and read. Councilman Murphy moved to re- fer' the communication to the City Council for further consideration. Seconded by Councilman Van Duel- man. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, SVharton. Nays--None. Communication of Buell & Win- ter Engineering Company, Sioux City, Iowa, advising the City Coun- cil that they would like to make up an application to the P.W.A. for a sewage treatment plant for the City of Dubuque presented and read. Councilman Thompson moved to receive and file the communication. Seconded by Councilman Van Duel-