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1938 July Council ProceedingsAdjourned Regular Session, July 5th, 1938 137 City Council (Official) Regular session, July 4th., 1938. No members of the Council be• ing present on roll call the meet- ing was postponed subject to call. J. J, SHEA. City Clerk. Approved ..................................1938. Adopted ....................................1938. Councilmen : l ..................................... Attest :................................................ City Clerk. Coty Council (Official) Adjourned Regular Session, July 5th„ 1938, Council met at 8:16 p.m, Present-Mayor Clark, Council• men Murphy, Thompson, Van Duel- man, Wharton, City Manager Rhamberg. Mayor Clark stated that this meeting is an adjourned meeting of the regular meeting of July 4th., 1938, for the purpose of acting upon such business as may proper- ly came before a regular meeting of the City Council. Communication of R. F. Conlon Sons Construction Company sub- mitting an offer of X600,00, terms net cash, for the purchase of Lot 9 of Industrial Sub. No, 2 on East 4th. Street, presented and read. Councilman Murphy moved to refer the petition to the City Coun• ci] to view the grounds. Seconded by Councilman Van Duelman. Car• ried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton, Nays-None, Petition of Oxus Caldron request- ing permission to use 12th street between Locust and Bluff streets an July 26th„ 1938, from 7 to 9 p.m., presented and read. Councilman Thompson moved that the request be granted. Sec- onded by Councilman Murphy. Car• ried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duehr.an. Wharton. Nays-None. Petition of Mrs. Otto Merz et al requesting the elimination of the nuisance created by the congre- gating of 15 to 20 fellows on the corners of the street and lot bc~ tween kith and 17th Streets on Maple Street, presented and read. Councilman Van Duelman motred to suspend the rules for the l~,u~- pose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Murphy. Carried by the fallowing vote: Yeas-Mayor Clark, Counci'men Murphy, Thompson, Van Luelman, Wharton, Nays-None. Mrs. Otto Merz addressed the Council requesting that the prayer of their petition be granted. Councilman Murphy moved that ,' to ~i: ;.~ ~~ ~ ;. ~ ~4 ~~ t +~, J 7' _~ 138 Adjourned Regular Session, July 5th, 1938 the petition be referred to the City Manager to take up the matter with the Chief of Police with in- structions to be issued that the nuisance as complained of in the petition be eliminated, Seconded by Councilman Van Duelman. Car- ried by the following vote Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Mrs. Roselip et al addressed the Council requesting that the upper portion of Roosevelt Street be re- paired and placed in a passable condition. Councilman Van Duelman moved that the request be referred to the City Council to view the grounds. Seconded by Councilman Murphy, Carried by the fallowing vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Resolution No, 52-38 Resolution and application for authority to levy an emergency tax Tor the City of Dubuque. Whereas, the City Council of the City of Dubuque has made a com- pilation of the expenses which will be incurred during the fiscal year beginning April 1, 1939, and ending March 31, 1940, including the pay went of principal and interest upon outstanding indebtedness, and tax levies for the various funds and purposes have been determined; and Whereas, a serious effort has been made to keep operating costa as low as is consistent with good government; and Whereas, in the past bonds have been issued in anticipation of some of the taxes embraced in the con- solidated tax levy and therevenuea derived from such taxes are pledged to the Payment of such bonds, as to principal and interest; and Whereas, payments of $4fi,000.00 in principal, and of $17,475.00 in interest are to be made during the fiscal year beginning April 1, 1939 and ending March 31, 1940, from the fmids embraced in the conso]i• dated tax levy; and Whereas, the inadequacy of the revenues for ordinary purposes re- maining after the payment of such principal and interest constitutes an emergency which requires the levy of an emergency tax a.nd this Council considers the levy of an emergency tax of one (1) mill to be absolutely necessary; Now, Therefore, Be R Resolved by the City Coun• cil of the City of Dubuque that the .State Comptroller be and he is hereby requested to authorize and approve the levy of an emergency tax in the year 1938 to be approx- imately $34,235,00, the same to be used in supplementing the funds required for debt service and in the manner provided by law, The foregoing resolution was adopted at an adjourned regular meeting of the City Council of the City of Dubuque on the 5th day of July, 1938. CARL A, CLARK, Mayor, FRANK VAN DUEI,MAN, ALBERT WHARTON, GEG. R. MURPHY, h. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Murphy moved the adoption of the resolution. Sec- onded by Councilman Van Duel- man. Carried by the following vote: Yeas-Mayor Clark, Councilmen 141urphy, Thompson, Van Duelman, Wharton, Nays-None. Resolution No. 53-38 Be It Resolved by the City Coun• cil of the City of Dubuque that the following, having complied with provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City: Harry J, Jacquinot, 1850 Central Avenue. Henry C, Esser, 530 Main Street. Thos, P. Sullivan, 620 So. Grand• view Avenue. Dubuque Metal Trades Club, 4th and Locust Streets. Be It Further Resolved that the bonds filed with the applications be approved. Passed, adopted and approved this 5th day of July, 1938. CARL A. CLARK, Mayor. FRANK VAN DUELMAAT, ALBERT WHARTON, GEG. R, MURPHY, F, W. THOMPSON, Councilmen. Attest; J. J, SIIEA. City Clerk, Councilman Murphy moved the adoption of the resolution. Second• ed by Councilman Thompson. Car- ried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton, Nays-None. Adjourned Regular Session, July 5th, 1938 139 Resolution No. 54--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 following applications be and the same are hereby approved and it is ordered that the premises to bo occupied by such applicants aliall be forthwith inspected. CLASS "B" PERMITS Wm. Carl Wallig (new), 1i36 Central Avenue, Henry C, Esser (new), 630 Main Street . Frank J, Fitzpatrick (new), 1944 Central Avenue; CLASS "C" PERMITS Joseph Amodeo, 2G01 Jackson St. Passed, adopted and approved this 5th day of July, 1935, CARL A, CLARK, Mayor. PRANK VAN DUELMAN, ALBERT WHARTON, GEG. R, MURPHY, F, W. THOMPSON, Councilmen. Attest; J. J, SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution, Sec• onded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None, Resolution No. 55-38 Whereas, heretofore applications were filed by the within named applicants far Beer Permits and they received the approval of this Council; and Whereas, the premises to be occupied by them have been in- spected and found to comply with the ordinances of this City and they have filed a proper band; Naw, Therefore, Be It Resolved by the Council of the'City of Dubuque that the Man- ager be and he is hereby directed to issue to the fallowing named persons a Beer Permit. CLASS "B" PERMITS Wm, Carl Wallig (new), 1736 Central Avenue. Henry C. Esser (new), 530 Main Street. Frank J. Fitzpatrick (new), 1944 Central Avenue. CLASS "C" PERMITS Joseph Amodeo, 2601 Jackson Street, .Passed, adopted and approved this 5th day of July, 1938. CARL A. CLARK, Mayor. FRANK VAN DUELiVIA]\', ALBERT WHARTON, GEC. R. MURPHY, F, W. THOMPSON, Councilmen, Attest: J. J. SHF9A, City Clerk. Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton, Nays~None. There being no further business Councilman Van Duelman moved to adjourn, Seconded by Councilman Thomp- son. Carried by the following vote; Yeas-Mayor Clark, Councilmen Murphy, Thompson, Varll Duelman, Wharton. Nays-None. J. J. SHEA, City Clerk. Approved .................................1938. Adopted ...................................1938. Councilmen: ~ ...................................... Attest :................................................ City Clerk, ~'~j II, y d ~ i~'i I ~~. i 4~i ~~ °,,IY li ii ', i'. ,li' i,~'~;, I Il~h~ I "' I! I ~f~'„: I ail I i~', ~i'p I, .fir, i .i r _=1l! -~ 140 Special Session, July 12th, 1938 _ City Council (Official) ,Special Session, July 12th„ 1938, Council met at 8:20 p.m. Present-Mayor Clark, Council- men Murphy, Thompson, Van Duel- man, Wharton, City Manager Rhomberg. Meeting called by order of Coun- cilmen Van Duelman and Wharton, Mayor Clark read the call and stated that service thereof had been duly made and that this meet- ing is called for the purpose of con- sidering any objections which ,might be filed by taxpayers to the proposed action of the City Coun- cil to issue $55,000 Funding Bonds and if no objections are filed, then there will be introduced a reso- lution entitled: "Resolution to authorize the issue of $56,000 Fund- ing Bonds of the City of Dubuque;' and acting on any other business as may properly come before a regular meeting of the City Coun- cih Dubuque, Iowa, July 11th., 1938. NOTICE AND CALL OF SPECIAL biEETIIGG OF THE CITY COUN- CIL OF THE CITY OF DUBUQUE To Mayor Carl A. Clark, You are hereby notified and there is hereby called a special meeting of the City Council of the City of Dubuque, Iowa, to be held in the Council Chamber in the City Hall at ~ :30 p.m, on Tuesday, July 12th„ 1938. At this meeting there will be conducted a public hearing pursu- ant to published notice for the pur- pose of considering any objections which might be filed by taxpayers to the proposed action of the City Council to issue $65,000.00 Fund- ing Bonds of said City, If no ob- jections are filed, then there will be introduced at said meeting a resolution entitled: "Resolution to authorize the issue of $56,000.00 Funding Bonds of the City of Du- buque". Such other business will be transacted at said meeting as may properly come before a reg- ular meeting of said Council. FRANK VAN DUELMA~N, ALBERT WHARTON, Councilmen, Proof of publication, certified to by the publishers, of the public notice of the proposed action of the City Council to institute pro ceedings far the issuance of $55,OOf Funding Bonds of said city for the purpose of funding a like amount of the indebtedness of said city evidenced by a judgment, pre- sented and read. Councilman Murphy moved that the proof of publication be . re• ceived and filed. Seconded by Councilman Van Duelman, Car- ried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton, Nays-None. Petition of Wm. F. Vander Meu- ]en et al objecting to the pro- posed issue of any more bonds un- less approved by a vote of the people, presented and read. Councilman Thompson moved to refer the petition to the City Coun- cil, Seconded by Councilman Van Duelman. Carried by the follow- ing vote:, Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None, Councilman Murphy moved that the rules be suspended for the pur- pose of allowing any one present fn the Council Chamber, who signed the petition objecting to the pro- posed issuance of any mare bonds unless approved by a vote of the people, who wishes to do so, to address the Council. Seconded'by Councilman Thompson. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. There were no objectors present in the Council Chamber to address the Council. Councilman Murphy moved that the Council recess for the purpose of considering the petition filed objecting to the issue of any more bonds unless approved by a vote of the people. Seconded by Coun- cilman Wharton, Carried by the following vote: Yeas-Mayor Clarlc, Councilmen Murphy, Thompson, Van Duelman, Wltarton, Nays-None. Council recessed at 8:32 p.m. and reconvened at 8:40 p.m.,'City Solicitor Nelson advising Council that according to Section 6252, Chapter 320 of the Code of Iowa, 1935, that the City has the author- ity to issue said bonds and that no election is required Por this issu- ance of $55,000 Funding Bonds, Councilman Murphy moved that the petition of Wm. F. Vander Meulen et al, objecting to the pro- posed issue of any more bonds un- less approved by a vote of the peo- ple, be received and filed. Second- Session, ed by Councilman Thompson. Car- ried by the fallowing vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton,- Nays-None. Resolution No. 56-38 Resolution to authorize the issue of $65,000 Funding Bonds of the City of Dubuque, presented and read. Councilman Murphy moved that the resolution be ordered placed on file with the City Clerk for public inspection for at least one week as required by law, Seconded by Councilman Van Duelman. Car- ried by the following vote: Yeas•-Mayor Clark, Councilmen Murphy, Thompson; Van Duelman, Wltarton. Nays~None. Resolution of the Board of Trus- tees of the Police Pension and Re- tirement System certifying the sum of $10,000 00 for tax purposes for the ensuing year, presented and read, Councilman Van Duelman mov^d to refer the resolution to the City Council for their consideration at the time the Tax Levy is being pre- pared by the City Council. Second- ed by Councilman Wharton. Car- ried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None, Resolution of the Board of Trus- tees of the Fire Pension and Re- tirement System certifying the sum of $17,000,00 for tax purposes :for the ensuing year, presented and read, Councilman Van Duelman moved to refer the resolution to the City Council for their consideration at the time the Tax Levy is being prepared by the City Council. Sec• onded by Councilman Wharton, Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None, Resolution of Dubuque Park Board certifying a tax levy of .625 mills in the sum of $20,869.00, not including the Park Board's share of moneys and credits tax, for the ensuing year, presented and read. Councilman Van Duelman moved to refer the resolution to the City Council for their consideration at the time the Tax Levy is being prepared by the City Council. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Clark, Councilmen y 12th, 1938 141 Murphy, Thompson, Van Duelman, Wharton, Nays-None. Certificate of the Board of Trus- tees of the Public Library certify- ing the sum of $30,000.00 for tax purposes for the ensuing year, pre- sented and read. Councilman Van Duelman moved to refer the certificate to the City Council for their consideration at the time the Tax Levy is being pre• pared by the City Council, Sec- onded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Communication of Playground and Recreation Commission ce1•- tifying the sum of $13,060.00 for tax purposes for the ensuing year, presented and read. Councilman Van Duelman moved to refer the communication to the City Council for their considera- tion at the time the Tax Levy is being prepared by the City Coun- cil, Seconded by Councilman Whar- ton, Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Communication of Board of Dock Commissioners certifying a tax levy of one•half (1/z) mill far tax purposes for the ensuing year, pre- sented and read. Councilman Van Duelman moved to refer the communication to the City Council for their considera- tion at the time the Tax Levy is being prepared by the City Coun- cil. Seconded by Councilman Whar- ton. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton, Nays-None. Communication of Milton J, Glenn tendering his resignation as Police Judge to become effective August 16th., 1938, presented and read. Councilman Van Duelman moved that the resignation be accepted with regret. Seconded by Conrci6 man Murphy. Carried by the fol- lowing vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Communication of Louis F. Fautsch submitting application fm' the appointment as Police Judge, presented and read, Councilman Van Duelman moved to refer the communication to the ~!,~ ~~ i~,'~~ it iii, ~i~ ~~ ~ !~,~ I! ~~~,; ~'r; Ili. ~II;I' III I~ I,I', ~ r •~;III~; ~i ~I~~ j~ ~?, Ili,. i~l V fl u'~i ~~ II ''I i' ~~I ~I ,, ~, l i, l ~~~~~~, ,'j 142 Special Session, July 12th, 1938 City Council for further considera- tion. Seconded by Councilman What'ton. Carried by the follow- ing vote: Yeas-Mayor Clark, Councilmeu Murphy, Thompson, Van Duelman, Wharton, Nays-None. Communication of Walter W. Paisley submitting application for the appointment as Police Judge, presented and read. Councilman Van Duelman moved to refer the communication to the City Council for further consider- ation. Seconded by Councilman Wharton. Carried by the follow- ing vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton, Nays-None, Communication of John K, Chal- mers submitting application for the appointment as Police Judge, pre- sentetl and read. Councilman Van Duelman moved to refer the communication to the City Council for further considera- tion. Seconded by Co~u,cihnan Wharton. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton, Nays-None. Petition of Iowa Children's Home Society, Des Moines, Iowa, requesting permission to hold a tag day on Saturday, July 30th., 1933, presented and read. Councilman Wharton moved that the request be granted. Seconded by Councilman Van Duelman. Car- ried by the following vote; Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None, Petition of St, Joseph Mercy hospital requesting a refund on penalty and interest charges paid on the redemption of tax sale cer- tificate held by the City of Du• buque against Lot 2 of Lot 1 of City Lot 731, presented and read. Councilman Murphy moved to refer the petition to the City Man- ager and City Treasurer for in- vestigation and report. Seconded by Councilman Thompson. Car- ried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton, Nays-None, Petition of Wm, McClain and Charles J, Smith requesting the replacing of the lights in the first parkway on Dodge Street, present- ed and read. Councilman Thompson moved to refer the petition to the City Man• alter to take proper action. Sec• ohded by Councilman Murphy, Car- ried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, 1Vharton, Nays-None. Petition of International Broth- erhood of Tealysters, Chauffeurs, Stablemen and Helpers of America requesting perntissian to hang ad- vertising cards on the metal lamp posts bordering the principal streets for the purpose of adver- tising aHillbilly Contest to be held on August 7th„ 1938, presented and read. Councilman Van Duelman moved that the request be granted. Sec• onded by Councilman Murphy. Car- ried by the following vote: Yeas-lfayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None, Petition of International Broth- erhood of Electtzcal Workers re• questing permission to use the grounds on 4th Street Extension outside of Ball Park during the week of July 25th to 30th, 1938, for the holding of a carnival and also requesting the rental fee and license fee be waived, presehted and read. Councilman Van Duelman moved that the request be granted and that the rental fee and license fee be waived. Seconded by Council- man Wharton. Carried by the fol- lorving vote: Yeas-ivlayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Petition of Wilbert Lange et al protesting to the vacation of Charles Street and also request- ing that the alley between Broad• way Extension and Charles Street and between Charles Street and Muscatine Street be kept open on the southerly end and that if pos- sible that a W.P.A. project be se• cured to put through a street like West 28th Street and Broadway Jxtension, presented and read. Councilman Thompson moved to refer the petition to the City Man• alter for investigation and report, Seconded by Councilman Murphy. Carried by the following vote: Yeas-~Ma.yor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Petition of Anna T. Spensley, Agent, ]4fary Alice Weir, Anne T. Spensley, Trustees, Maria R. Spena• ecial Session, July 12th, 1938 143 ley requesting the City Council to cancel all penalties and interest upon the remaining installments of special assessments for the years 1936 and subsequent years levied against Lot 6 in Block 11 of Du• buque Harbor Company's Addition, presented and read, Councilman Murphy moved to re• fer the petition to the City Mana- ger and the City Treasurer for in• vestigation and report, Seconded by Councilman Wharton, Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None, Petition of Mr, and Mrs. Ed, Kuehnle et al requesting the plac- ing of an electric light opposite house number 505 Angella Street, presented and read. Councilman Wharton moved that the petition be referred to the City 11lanager for investigation and re- port. Seconded by Councilman Van Duelman, Carried by the fol- lowing vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton, Nays-None. Petitions requesting the City Council to reconsider the former petitions of residents. on Abbott and Lowell Streets in which they requested that Abbott Street be extended from Lowell Street to Seminary Street, also that Abbott Street be properly graded and also that Lowell Street be repaired for a distance of true blocks due to the placing of a water main in said street, presented and read. Councilman Wharton moved that the petitions be referred to the City Council to view the grounds. Seconded by Councilman Van Duel- man. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton, Nays-None. Approval The levy of not exceeding one (1) mill emergency tax for 1939 collection is approved this 6th, day of July, 1938, providing said levy together will all other city levies does not exceed the total of 19.8 mills. Approval of this levy is also subject to any subsequent reduc• tion in city levies due to an appeal of taxpayers. C. B. MURTAGH, State Comptroller. Councilman Murphy moved that the approval of C. B. Murta~gh, State Comptroller, be made a mat• ter of record. Seconded by Coun• Gilman Thompson. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Council Proceedings for the Month of May, 1938, presented for approval. Councilman Thompson moved that the Council Proceedings for the month of May, 1938', be ap- proved as printed. Seconded by Councilman Van Duelman, Car• ried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Ordinance No, 14-38 An ordinance vacating that pbr• tion of the alley lying first west- erly of Avoca Street and between Lot One Hundred Sixty-five (165) of Finley's Addition, and Lots Three Hundred Twenty-eight (328), Three Hundred Twenty-nine (329), Three Hundred Thirty (330), Three Hundred Thirty-one (331), Three Hundred Thirty-two (332), of Woodlawn Park Addition, and extending- Southwesterly fro m Cherry Street to the intersection of said alley with the alley lying Westerly of Lot One Hundred Sixty-five (165) of Finley's Addi• tion, and granting and conveying the same, with reservation of ease- ment far right of way for storm server, to the owners of the abutt• ing lots, said ordinance having been passed upon first and second readings on June 30th., 1938, pre- . sented and read a third time, ORDINANCE N0. 14-38 An ordinance vacating that portion of the alley lying first Westerly of Avoca Street and between Lot One Hundrey Sixty-five (165) of Fiuley's Addition, and Lots Three Hundred Twenty-eight (328), Three Hundred Twenty-nine (329), Three Hundred Thirty (336), Three Hundred Thirty- one (331) and Three Hundred Thirty- two (332), of Woodlawn Park Addi• tion, and extending Southwesterly from Cherry Street to the intersec• tion of said alley with the alley lying Westerly of Lot One Hundred Sixty- five (165) of Finley's Addition, and granting and conveying the same, with reservation of easement for right of way for storm sewer, to the own- ers of the abutting lots, WHEREAS, a request has been filed with the City Council of the City of Dubuque to vacate that portion of the alley lying first Westerly of Avoca Street, and hetween Lot One Hundred Sixty-five (166) of Finley's Addition, and Lots Three Hundred Twenty-eight (328), Three Hundred Twenty-nine (329), Three Hundred Thirty (330), Three Hundred Thirty-one (331), and Three Hundred Thirty-two (332) of Woodlawn Park Addition, and extend- ing Southwesterly from Cherry Street l =~_ ~~ .a 144 Special Session, to the intersection of said alley with the alley lying Westerly of Lot One Hundred Sixty-five (165) of Finley's Addition, and granting and conveying the same, with reservation of ease- ment for right of way for storm sewer, to the owners of the abutting lots, which request has been sub- mitted to the Planning and Zoning Commission for its recommendation or approval; and, WHEREAS, said Planning and Zon- ing Commission has filed its recom- mendation with the Council wherein it recommends the granting of the ~ request; and, WHEREAS, there has been installed and exists in said alley a storm sewer installed at a depth from four (4) to six (G) feet, the continued existence and maintenance of which is neces- sary for the proper drainage of the surrounding district; and, WHEREAS, this Council finds no objection to said vacation of said por- tion of said alley with the reserva- tion of an easement for the right of way for said storm sewer, and right of access to the same for the main- tenance thereof, as said alley serves no other public purpose than as a right of way for said storm sewer, and that in all probability will never be needed or useful as a public thor- oughfare for any other purpose; NOW, THEREFORE, be it ordained by the City Council of the City of Dubuque: PAR. 681. Section 1. That, that portion of the alley lying first West- erly of Avoca Street, between Lots One Hundred Sixty-flue (1G5) of Fin- ]ey's Addition. and Lots Three Hun- dred Twenty-eight (328), Three Hun- dred Twenty-nine (3291, Three Hun- dred Thirty (330), Three Hundred Thirty-one (331) and Three Hundred Thirty-hvo (332), of Woodlawn Park Addition and extending Snnthwesterly from Cherry Street to the intersec- tion of said alley with the alley lying Westerly of Lot One Hundred Sixty- five (165) of Finlcv's Addition, be: and the. same is. with reservation of easement for right of way for storm sewer. hereby vacated, and the pub- lic use thereof other than far the maintenance therein of said storm sewer is hereby annulled, PAR, f,82. Section 2. That, fur value received that portion of said alley, thus vacated, lying and situ- ated between Lot One !11 of Lnt One Hundred Sixty-five (166) of Flnley's Addition, and Lot Three Hundred Twenty-eight (32R), and the Northerly 16.6 feet of Lot Three Hundred Twen- ty-nine (329) of Woodlawn Park Ad- dition, be, and the same is hereby granted and conveyed to Amelia Curtis, the owner of said Lot One (1) of Lot One Hundred Sixty-flue (1G5) of Finley's Addition, and of T.ot Three Hundred Twenty-eight (328), and the Northerly 15.5 feet of Lot Three Hundred Twenty-nine (329) of Woodlawn Park Addition to the City of Dubuque. Iowa. This grant and conveyance is made with the express reservation to the City of Dubuque, Iowa, of an ease- ment for the right of way of a storm sewer now installed in said portion of said alley herein conveyed, and res- ervation of the right of access to said storm sewer by said City of Duhuque, and its employees for the purpose of maintenance thereof. PAR. G83. Section 3. That, for value received, that portion of said alley thus vacated lying and situated 12th, 1938 between Lot One (1) of Lot Two (2) of Lot One Hundred Sixty-five (1G5), Finley's Addition, and the Southerly 34.5 feet of Lat Three Hundred Twen- ty-nine (329), and Lot Three Hundred Thirty (330), of Woodlawn Park Ad- dition, be, and the same is, hereby granted and conveyed to Peter Greiner, the owner of said Lot One (1) of Lot Two (2) of Lat One Hun- dred Sixty-five (1G5), Finley's Addi- tion, and the Southerly 34.5 feet of Lot Three Hundred Twenty-nine (329), and Lot Three Hundred Thirty (330), of Woodlawn Park Addition to the City of Dubuque, Iowa. c Y made neane s This grant and co v y with the express reservation to the City of Dubuque, Iowa, of an ease- ment for the right of way of a storm server now Installed in said portion of said alley herein conveyed, and reservation of the right of access to said storm sewer by said City of Du- buque, and its employees for the pur- pose of maintenance thereof. PAR. G84. Section 4. That, for value received, that portion of said alley thus vacated, lying and situ- ated between Lot Two (2) of Lot Two (2) of Lot One Htmdred Sixty- five (165) in Finley's Addition, and Lot Three Hundred Thirty-one (331) of Woodlawn Park Addition, and be- tween the Westerly side of Lot Three Hundred Thirty-one (331) of Wood- lawn Parlc Addition, and the inter- section of said vacated alley, with the alley lying Westerly of said Lot One Hundred Sixty-flue (165), Finley's Addition, be, and the same is hereby granted and conveyed to Mattis E. Abbey, the owner of said Lot Two (2) of Lot Two (2) of Lot One Hundred Sixty-five (165), Finley's Addition, and of Lot Three Hundred Thirty-one (331) of Woodlawn Park Addition to the City of Dubuque, Iowa. This grant and conveyance is made with the express reservation to the City of Dubuque, Iowa, of an ease- ment for the right of way of a storm sewer now installed in said portion of said alley herein conveyed, and reservation of the right of access to said storm sewer by said City of Du- huque. and its employees far the pur- pose of maintenance thereof. PAR 685. Section 6. That. for value received, ao much of said al- ley, thus vacated, lying Westerly of Lot Three Hundred Thirty-two (332) of Woodlawn Park Addition and be- tween said Lot Three Hundred Thir- ty-two (3321 and the Intersection of said vacated alley, with the alley ly- ing Westerly of Lot One Hundred Sixty-five (165) of Finley's Addition, he. and the same is hereby' granted and conveyed to the Realty Tnvestora Corporation, the owner of said Lot Three Hundred Thirty-two (332) of Woodlawn Parlc Addition to the City of Dubuque. This grant and conveyance is made with the express reservation to the City of Dubuque, Towa, of an ease- ment for the right of way of a storm sewer now installed in said portion of said alley herein conveyed, and reservatior, of the right of access to said storm sewer by said City of Du- buque, and its employees for the pur- pose of maintenance thereof. PAR. 68G. Section 6. That after the adoption of this ordinance, the City Clerk shall file in the office of the Recorder of Dubuque County, Iowa, a certified copy of the same. PAR. G87. Section 7. That this ordinance shall be in force and effect Special Session, July 12th, 1938 14~ ten (10) days from and after its final passage, and adoption, by the City Council of the City of Dubuque, and publication as provided by law, Passed upon first and second read- ings this 3Dth day of June, 1938. Passed, adopted and approved upon finai reading this 12th day of July, 1936. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Published officially in The Tele- graph-Herald newspaper July 14th, 1938. J. J. SHEA, 7-14-1t City Clerk. Councilman Thompson moved the adoption of the ordinance. Sec- onded by Councilman Murphy. Car- ried by the following vote: Teas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Ordinance No. 15-38 An ordinance granting to C, A. Voelker Estate, owners, and Chris- tian E. Staheli and Ernest W. Pfalzgraf, doing business under the firm name of The City Market, Lessees, their heirs, successors and assigns, the right to construct or maintain an unloa9ing platform in the alley abutting the South Two-fifths (S 2.5) of Lot One (1) and Lot Two (2), of City Lot Four Hundred Forty-four (444), in the town, (now city) of Dubuque, Iowa; prescribing the conditions of such permit, said ordinance hav- ing been passed upon first and sec- ond readings on June 30th., 1938, presented and read a third time, ORDINANCE 15.38 An ordinance granting to C. A. Voel- ker Estate, owners, and Christian E. Staheli and Ernest W, Pfalzgraf, do- ing business' under the firm name of The City Market, lessees, their heirs, successors and assigns, the right to construct or maintain an unloading platform in the alley abutting the South Two-fifths (S 2-5) of Lot One (1) and Lot Two (2), of City Lot Four Hundred Forty-four (444), in the town (now city) of Dubuque, Iowa; prescribing the conditions of such permit. Be it ordained by the Clty Council of the City of Duhuque: PARAGRAPH G36, SECTION 1 That C. A. Voelker Estate, owners, and Christian E. Staheli and Ernest W, Pfalzgraf, doing business under the ftrm name of "The City Market," lessees, their heirs, successors or as- signs, be, and they are, hereby granted the right and authority to construct and maintain an unloading platform in the alley abutting the South Two- fifths (S 2-Sibs) of Lots Ono (1) and Two (2) of City Lot Four Hundred Forty-four (444) in the town (now city) of Dubuque, Iowa, such un- loading platform to be not over three feet in width; 8 feet in length; and not over three feet in height, the same to be used in connection with the operation of the business of said lessees, Christian E, Staheli and Er- nest W. Pfalzgraf; said structure to be build under the supervision of the Building Commissioner of the City of Dubuque. PARAGRAPH G89, SECTION 2 It is understood and provided that such right, license and permission to use such alley is subject to the con- tinuous control of the City Council of the City of Dubuque, reserving the right to impose restrictions or conditions upon the enjoyment there- of, as may be reasonably necessary for the protection of the public inter- ests, including the right to revoke and rescind such permission, if at any time the public interest should re- quire ouch revocation, If, and when such permit, right and license is revoked by said City Council, said owners, and lessee, their heirs, suc- cessors and assigns, shall remove such unloading platform at their awn ex- pense, and restore such part of the alley as has been occupied thereby, to the same condition it was in prior to the construction of such platform. PARAGRAPH G90, 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, and the rights hereunder shall accrue to said C. A, Voelker Estate, owner; and Christian E. Staheli and Ernest W. Pfalzgraf, lessees, their heirs, suc- cessors and assigns, when the provi- sions hereof shall have been accepted by them. Passed upon first and second read- ings, this 30th day of June, 1938. Passed, adopted and approved upon final reading this 12th day of July, 193x. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MtiRPHY, Attest: F. W. THOMPSON. J, J. Shea, City Clerk. ACCEPTANCE BY OWNERS C. A. Voelker Estate as owners of the• South Two-fifths (S 2-Gtha) of Lots One and Two of City Lot Four Hundred Forty-four (444) in the town (now city) of Dubuque, Iowa, does hereby, accept the terms, provisions and conditions of the ordi- nance adopted by the City Council of the Clty of Dubuque, designated as, "Ordinance No. 15.38. An ordi- nance granting to C. A. Voelker Es- tate, owners, and Christian E. Staheli and Ernest W. Pfalzgraf, lessees, their heirs, successors, or assigns, the right to construct or maintain an unloading platform in the alley abutting the South Two-fifths oP Lots One and Two of City Lot Four Hundred Forty- four in the town (now city) of Du- buque, Iowa; prescribing the condi- tions of such permit," this 14th day of July, 1933. C. A. VOELKER ESTATE. By-CHRIS A. VOELKER. ACCEPTANCE BY LESSEE Christian E. Staheli and Ernest W. Pfalzgraf, doing business under the firm name of "The City Market," lessees of the premises described as the South Two-fifths (S 2-5ths) of Lots One (1) and Two (2) of City Lot Four Hundred Forty-four (444) in the town (now city) of Dubuque, Iowa, does hereby accept the terms, ~, II _-~ ~~~, 'a 146 Special Session, July 12th, 1938 provisions and conditions of the ordi- nance adopted by the City Council of the City of Dubuque, designated as: "Ordinance No. 15-38. An ordi- nance granting to C. A. Voelker Es- tate, owner, and Christian E. Staheli and Ernest W. Pfalzgraf, doing busi- ness under the firm name of "The City Market," lessees, their heirs, successors or assigns, the right to construct or maintain an unloading platform in the alley abutting the South two-fifths of Lots One and Twc of City Lot Four Hundred Forty- four (444) in the town (now city) of Dubuque, Iowa; prescribing the con- ditions of such permit," this 14th day of July, 1938. THE CITY MARI{ET. By-C. E. STAHELI, E. W. PFALZGRAF, Lessees. Published officially in The Tele- graph-Herald newspaper ,Tuly 15th, 1938. J. J. SHEA, 7-15-1t City Clerk. Councilman Thompson moved the adoption of the ordinance, Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas-14fayor Clark, Councilmen Murphy, Thompson, Van Duelman, W11aTton, Nays-None, Ordinance No, 16-38 An ordinance granting unto the Trausch Baking Company, a co- partnership consisting of John P, Trausch, Arthur Trausch, and Wil- liam M. Clemens, their successors, and assigns, the right to build, in- stall and maintain an underground unloading hopper and coal storage bin in Salina Street, in the rear of, and adjacent to Lot Four (4) of Block 11 of Dubuque Harbm• Com- pany's Addition to the City of Du- buque, Iowa, with certain condi- tions, obligations and restrictions regarding the same, said ordinance having been passed upon first and second readings on June 30th, 1938, presented and read a third time, ORDINANCE N0. 16.38 An ordinance granting unto the Trausch Batting Company, a copart- nership consisting of John P, Trausch, Arthur Trausch, and William M. Clemens, their successors, and as- signs, the right to build, install and maintain an underground unloading hopper and coal storage bin in Salina Street, in the rear of, and adjacent to Lat Four (4), Block 11, of Dubuque Harbor Company's Addition to the City of Dubuque, Iowa, with certain conditions, obligations and restrictions regarding the same, Be it ordained by the City Council by the City of Dubuque: PAR. 691, Section 1. That the Trausch Baking Company, a co• partnership, consisting oP John P. Trausch, Arthur Trausch, and Wil- liam M. Clemens, their heirs and as- signs, be, and they are, hereby au- thorized to build, install and main- tain an underground coal unloading hopper and coal storage bin in Sa- litta Street, in the rear of, and adja- cent to Lot Four (4), Black 11, of Dubuque Harbor Company's Addition to the City of Dubuque, said coal storage bin to be sixteen feet (16') in length, and extending out into Salina Street, and under the surface of the street for a distance of six (6) feet, attd said coal unloading hopper to ex- tend out from said coal storage bin into Salina Street and under the sur- face of said street a distance of eight (8) feet, and to be eight (8) feet in width. PAR. 692. Section 2. Said coal storage bin shall be constructed and built oP reinforced concrete of suffic- ient strength and constructed and maintained in such a manner as to make travel upon and over Salina Street perfectly safe and as to pre- serve the condition of said street as perfectly as though no such storage bin existed, PAR. 693, Sectinn 3. Said coal un- loading hopper shall be constructed and built of reinforced concrete and steel plate and plank top, and shall be constructed and maintained in such manner as to make travel upon and over Salina Street perfectly safe and as to preserve the condition of said Salina Street as perfectly as though no such unloading hopper ex- isted. PAR. 694, Section 4. Said under- ground coal unloading hopper and coal storage bin shall be constructed under the supervision of the building com- missioner of the City of Dubuque, and shall be constructed and maintained in accordance with the Provisions of the ordinances of the City of Du- buque relating thereto. Should the City of Dubuque at any time deem said underground coal unloading hop- per, or coal storage bin unsafe, or for any other reason deem its removal necessary or advisable, said Ctty Wray order the immediate removal of the same, and the restoration of the street in question to its proper condi- tion, within a reasonali]e time after said order is given, and, upon the refusal of said co-partnership, or the members thereof to remove the same, the City of Dubuque pray do so, at the expense of said company. PAR. 695, Section 5. Said Trausch Bolting Company, and the individual members of said co-partnership, shall agree, as a condition to the granting of this privilege, and shall guarantee by the acceptance oP the terms 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 con- struction and maintenance of said underground coal unloading hopper, and coal storage bin, and any and all claims, damages or liabilities that may arise or be incurred by reason of the grant of the privileges herein made, and in any suit rvltich may arise because of said underground coal unloading hopper, or coal storage bin, said co-partnership, and the in- dividual members thereof shall, at the direction of said City of Dubuque, make all necessary defense to said suit, and fully indemnify said City far any expenses or liabilities to which said City of Dubuque may be subjected, because of said suit. PAR. 696, Section 6. That this or- dinance shall be in force and effect ten (10) days from and after its final passage and adoption by the City Council, and publication as provided by law. Passed upon first and second read- ings this 30th day of June, 1938. Passed, adopted and approved upon eclat Session, July 12th, 1938 147 final reading this 12th day of July, 1938, CARL A, CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON, Councilmen. Attest: J, J. SHEA, City Clerk. Published officially in the Tele- graph-Herald newspaper July 19th, 1938, J, J. SHEA, 7-19-1t City Clerk. Acceptance of Ordinance The Trausch Baking Company, a co-partnership consisting of the un- dersigned, John P. Trausch, Arthur Trausch and William M. Clemens, does hereby accept the terms, pro- visions and obligations of the ordin- ance adapted by the City Council of the City of Dubuque, designated as "Ordinance No. 16-38", an ordinance granting unto the Trausch Baking Company, a co-partnership consist- ing of John P. Trausch, Arthur Trausch, and William M. Clemens, their successors, and assigns, the right to build, install and maintain an underground unloading hopper and coal storage bin in Salina Street, in the rear of, and adjacent to Lot p'eur (4), Block 11, of Dubuque Har- oor Company's Addition to the City of Dubuque, Iowa, with certain condi- tions, obligations and restrictions re- garding the same." This 18th day of July, 1938. TRAUSCH BAKING COMPANY, By JOHN B TRAUSCH, ARTHUR TRAUSCH, W, M. CLEMENS, Members of Partnership. Councilman Thompson moved the adoption of the ordinance. Sec- onded by Councilman Van Duel- man. Carried by the following vote: Yeas^Mayor Clarlt, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Ordinance No, 17-38 An ordinance granting unto the Trausch Baking Company, a co- partnership consisting of John P. Trausch, Arthur Trausch, and Wil- liam M, Clemens, their successors and assigns, the right to build, in- stall and maintain an underground gasoline storage tank in Salina Street, in the rear of and adjacent to Lot One (1) of Lot One (1) of Lot One (1) of Lot Three (3) Hlock 11 of Dubuque Harbor Company's Addition to the City of Dubuque, with certain conditions, obligations and restrictions regarding the salve, said ordinance having been passed upon first and second read- ings on June 30th., 1938, presented and read a third time. (Official Publication) ORDINANCE N0. 17.38 An ordinance granting unto the Trausch Baking Company, a copart- nership consisting of John P. Trausch, Arthur Trausch, and William M. Clemens, their successors and assigns, the right to build, install and main- tain an underground gasoline storage tank.in Salina Street, in the rear of and adjacent to Lot One (1) of Lot ~ One (1) of Lot One (1) of Lot Three (3), Block 11, of Dubuque Harbor Company's Addition to the City of Du- buque, with certain conditions, obli- gations nod restrictions regarding the same: Be it ordained by the City Council of the City of Dubuque: PAR. 697. Section 1. That the Trausch Baking Company, a co- partnership consisting of Sohn P. Trausch, Arthur Trausch, and Wil- liam M. Clemens, their successors and assigns, be, and they are hereby authorized to build, install and maintain an underground gaso- line storage tank in Salina Street in the rear of and adjacent to Lot One (1) of Lot One (1) of Lot (1) of Lat Three (3), Block 11, of Dubuque Har- bor Company's Addition to the City of Dubuque, with pipe connections to the building of said Trausch Baking Company located upon said lot, said underground storage tank to be ap- proximately ten (10) feet in diameter, and twenty (20) feet long with con- nections to the building on said lot; the top of said tank to be at least three (3) feet below the grade or sur- face level of said street; said tank to be anchored to a concrete base of sufficient weight to properly hold and maintain the same in place, and said connections from said tank to said building to he encased in concrete. PAR. G98, Section 2. That the in- stallation of said tank and connec- tions for same will be built or in- stalled under the supervision of the Building Commissioner of the City of Dubuque, and iu accordance with the underwriter's specifications for same, and all ordinances of the City of Du- huque relating thereto, and said stor- age tank shall be built and installed in such a manner as to make travel upon and aver Salina Street perfect- ly safe, and in such manner as to preserve the condition of said street as perfectly as though no such stor- age tank were installed. PAR. 699. Section 3. That should the City of Dubuque at any time deem said underground storage tapir un- safe, or for any other reason deem its removal necessary or advisable, said City may order the immediate removal of the same, and the restora- tion of the street in connection to its proper condition, within a reason- able time after said order is given, and, upon the refusal of said co- partnership or members thereof to re- move the same, the City of Dubuque may do so, at the expense of said company. PAR 700. Section 4. That said Trausch Baking Company, and the individual members of said copart- nership, shall agree, as a condition to the grant of this privilege, and shall guarantee by the acceptance oP the terms hereof, to fully protect and-save the City of Dubuque harm- less as to any claims, damages or liabilities of any hind which may arise because of the construction and maintenance of said underground stor- age tapir, and any and al] claims, damages or liabilities that may arise or be incurred by reason of the grant of the privileges herein made, and in any suit which may arise because of said underground storage tank, said co-partnership, and the individual members thereof, shall, at the direc- tion of said City of Dubuque, make all necessary defense to said suit, and folly indemnify said City for any expense or liability to which said 148 Special Session, July 12th, 1938 _ City of Dubuque may be subjected, because of said suit. PAR. 701. Section 6, That this ordinance shall be in farce and effect ten (10) days from and after its final passage and adoption by the City Council, and publication as provided by law. Passed upon first and second read- ings this 30th day of June, 1936. Passed, adopted and approved upon final reading this 12th day of July, 1938. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Published officially in The Tele- graph-Herald newspaper July 19th, 1938. J. J. SHEA, 4-19-1t City Clerk. ACCEPTANCE OF ORDINANCE The Trausch Baking Company, a co-partnership consisting of the un- dersigned, John P. Trausch, Arthur Trausch, and William M. Clemens, does hereby accept the terms, pro- visions and obligations of the ordi- nance adopted by the City Council oP the City of Dubuque, designated as: "Ordinance No. 17-38, An ordinance granting unto the Trausch Baking Company, a co-partnership consist- ing of ,john P. Trausch, Arthur Trausch, and William M. Clemens, their successors, and assigns, the right to build, install and maintain an underground gasoline storage tank in Salina Street, in the rear of and adjacent to Lot One of Lot One of Lot One of Lot Three, Block 11, of Dubuque Harbor Company's Addition to the City of Dubuque, with certain conditions, obligations and restric- tions regarding the same." This 18th day of Jttly, 1938. TRAUSCH RAKING COMPANY. By JOHN P. TRAUSCH, ARTHUR TRAUSCH, W. M. CLEMENS, Members of Partnership. Councilman Thompson move9 the adoption of the ordinance, Seo- onded by Councilman Van Duel• man. Carried by the following vote: Yeas-lt4ayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton, Nays-None, July 12th., 1938 To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: At the meeting of the City Coun cil held on March 7, 1938, the peti tion of the Perfection Oil Company for permission to construct a silt track over and across part of Kim ball Street and part of the alley first east of Rhomberg Avenue lying between Lincoln Avenue any Kimball Street was referred to the Council to view the grounds. Thy Council did so view the grounds of two occasions, the last being a July 8th after the proposed cor struction was staked out. The de- cision of the Council was that the request of the Perfection Oi] Com- pany be granted on the conditions that the Company donate a like amount of land on the easterly side of the present road, put the re- located roadway in substantially the same condition as the present one and pay for the cost of tho necessary relocation of the exist- ing fire hydrant to a suitable point. I recommend that the decision of the Council be confirmed. Respectfully submitted, A, A. RHOMB~ERG, City Manager. Councilman Wharton moved that the decision of the City Council and the recommendation of City Manager Rhomberg be confirmed, Seconded by Councilman Van Duel- man. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, ;Wharton. Nays-None, July 11, 1938. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to notify your Honorable Body that I have this day sus- pended Clarence Swift for fifteen days as a machine operator in the street Department of the City of Dubuque for misconduct, The spe• cific charge is that this employee was partially intoxicated on July 9th at about 1:30 p.m. while driv- ing the bituminous distributor, Respectfully submitted, A. A, RHOMBERG, City Manager. Councilman Murphy moved that the communication of City Mana- ger Rhomberg be made a matter of record. Seconded by Councilman Wharton. Carried by the follow ing vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. i Resolution Na. 57-38 Whereas, the City Manager has suspended Clarence Swift, a civil service employee under his juris- diction, for a period of fifteen (15) days on account of misconduct; and Whereas, such suspension has been reported by the Manager to this Council, as provided by law; and Whereas, this Council has con- sidered the facts and merits of the cause upon which such suspension was based and finds that the ac- ecial Session, July 12th, 1938 149 tion of the Dianager in ordering such suspension was justified; Now, Therefore, Ee It Resolved by the Council of the City of Dubuque that the sus• pension of Clarence Swift by the City Manager for a period of fif- teen (15) days be and the same is Ilereby approved and affirmed. Be It Further Resolved that the Clerk cause to be served upon said Clarence Swift a copy of this reso• lutiou fm•thlvith. Passed, adopted and approved this 12th day of July, 1938. CARL A. CLARK, Mayor. FRANK VAN DUELMADi, ALBERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON, Councilmen. Attest: J, J, SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Murphy, Car• ried by the following vote: Yeas-Mayo: Clark, Councilmen Murphy, Thompson, Van Duelman, 1Vharton. Nays-None. Resolution No, 58-38 Whereas, the City Council of the City of Dubuque desires to determine fair and equitable rates of charges for electric energy; and Whereas, the State of Iowa has no public service commission nor any other regulatory body having jurisdiction and control over pub- lic utilities; and Whereas, the Congress of the United States has granted the Fed- eral Power Commission wide pow- ers in the investigation of and the determination of the proper rates to be charged for electric energy; Now, Therefm'e, Be It Resolved by the City Coun- cil of the City of Dubuque that the City ll4anager be and he is hereby directed to petition the Federal Power Commission to in- vestigate the electric power situa- tion and to recommend for its adoption such rates as their survey and study disclose to be fair and equitable. Passed, adopted and approved this 12th day of July, 1938. CARL A. CLARIi, Mayor. FRAN1~ VAN DUELM~tN, ALBERT WHARTON, GEO. Ii.. MURPIIY, F. W. THOMPSON, Attest: J. J. SHEA, City Clerk. Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Van Duelman, Carried by the following vote; Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Resolution No, 59-38 Be It Resolved by the City Coun- cil of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a renewal of his permit to sell cigar- ettes and cigarette papers within said City and the Manager is directed to issue such renewal on behalf of said City: Patrick R, Kennedy, 2408 Central Avenue. Be It Further Resolved that the bond filed with the application be approved. Passed, adopted and approved this 13th day of July, 1938. CARL A. CLARK, Mayor. FRANK VAIN DUELMAN, ALBERT WHARTON,, GEO. R. MURPHY, F. W. THOMPSON, Councilmen. Attest: J. J, SHEA, City Clerk. Councilman Murphy moved the adoption of the resolution, Sec- onded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton, Nays-None. Resolution No. 60-38 Whereas, application for "B" Beer Permit has been submitted to this Council for approval and the same has been examined: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the following application be and the same is hereby approved and it is ordered that the premises to be occupied by such applicant shall be forthwith inspected, CLASS "B" PERMIT Hubert Meissen (transfer of ad- dress from 1401 Elm StJ, 1389 Elm Street. Passed, adopted and approved this 12th day of July, 1938. CARL A, CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON, Councilmen, Attest: J. J. SHEA, City Clerk. i _~ :~ '~ 1'50 Special Session, July 12th, 1938 Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Murphy. Car- ried by the fallowing vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None, Resolution Na. 62-38 Whereas, applications for Class "B" Beer Permits have been sub-' mitted to this Council for approval and the same have been examined: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the following applications be and the same are hereby approved and it is ordered that the premises to be occupied by such applicants shall he forthwith inspected. CLASS "B" PERMIT Phillip NIihalakis (new), 469 Main Street. Ernest V. Peschong (new), 709 Julien Avenue. Carl McDermott (new), 303 Main Street. Roy 11lcLean (new), 1200 Iowa Street. Passed, adopted and approved this............day of July, 1938, Mayor. Couucihnen. Attest: - City Clerk. Councilman Van Duelman moved to refer the resolution to the City Council for further consideration, Seconded by Councilman Murphy. Carried by the fallowing vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton, Nays-None. July 11, 1938. Honorable Mayor and City Council, Dubuque, Iowa. RECLAIM OF MRS. MARY MAGUIRE Gentlemen: On iViarch 10, 1938, Mrs. blare Maguire filed claim against thi City of Dubuque, in the sum o Thirteen and 50.100 ($13.60) Dol lars, for injury sustained by leer it a fall upon the sidewalk at the corner of 12th and Iowa Streets o~ January 15, 1938, which claim wa thereafter referred by your body to the City Solicitor for investiga- tion and report. I beg to advise that investigation has been made of this claim which discloses that Mrs. Mary Maguire fell upon a strip or patch of ice, caused by water dripping from `,he top platform m• pm•ch of an nutside stairway on the building adjacent to this sidewalk, and that foram a'.1 of the evidences adduced as the result of said investigation, I am of the opinion that there is no legal liability on the part oY the City of Dubuque on this matter, and am therefore recotmuending that the claim be disallowed. lespectfully submitted, AL. J. NELSON, City Solicitor. Councilman Murphy moved thet the recommendation of City Solici• for Nelson be approved. Seconded by Councilman Thompson, Car- ried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. NTays-None, July 12, 1938 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The notice of levy and sale in the case of Mary Weber Frehlich vs Philip Erschens, Susana Erschens, City of Dubuque, Iowa and County of Dubuque, Iowa, referred to the City Solicitor under date of July 9, 1935, is herewith returned to your honorable body with the re- commendation that the same be t•e- ceived and filed. Respectfully submitted, AL, .T, NELSON, City Solicitor. Councilman Thompson moved that the recommendation of C tY Solicitot• 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. July 12, 1938 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I have heretofore discussed in• formally with the ruembers of tho Council, the matter of revision of the city ordinances and the com- pilation or codification of all exist• ing ordinances now in force. I find that the ordinances of our city have not been codified or com- piled since the 22nd day of July, Special Session, July 12th, 1938 151 1919, prior to the adoption of the City Manager Form of government. The change in the form of our city ,government made by the adoption of the City Manager form neces- sarily abrogated many of the pro- visions of the existing ordinances regulating the administrative affairs of the city, and necessitated the repeal of many ordinances and changes by amendment of many others. Since the change in our form of city government, which was made in the year 1920, the pro- ceedings of the Council have been published in book form, one vol- ume for each year including the year 1920, in all eighteen different volumes each averaging about five hundred pages of double column type, Due to the fact that no codifica- tion or compilation has been made of the ordinances since 1919, it is now necessary, in order to ascer- tain the exact present situation relative to any mattet• or situation covered by ordinances to first as- certain whether any ordinance cov- ering the situation is contained in the revised ordinances of 1919, and then whether any change has been made in any such ordinance, or any othet• ordinance adopted since then, by thumbing through the entire eighteen volumes of the council proceedings printed since that time. This is a very burden- some task and does not make for efficiency, particularly when one is asked for a prompt or hurried opinion on the matter of whether a particular situation is covered by ordinance. I have made some preliminary in- vestigation of the matter and find that it may be possible to have a revision and compilation of all of the ordinances of our city made, and have the work done as a WPA project, under the sponsorship of the city, and under proper legal supervision, in which project the Federal Government would pay Far all of the clerical help, and the only expense to which the city would be put would be the furnish- ing of quarters for the doing of the work, and materials used in doing the work. I firmly believe that this is a matter of urgent need and for the best interest of the city, and I would respectfully request that you authorize me to confer and nego- tiate with proper officers of the Works Progress Administration of the Federal Government to the end that our city ordinances may be revised and codified as a WPA pro• ject under proper supervision and under the sponsorship by :he Pity of Dubuque. Yours very truly, AL, J. NELSON, City Solicitor. Councilman Thompson moved that the request of Citp Solicitor Nelson be granted and that the City Solicitor be authorized to ne• gotiate with the proper officials for the securing of a WPA project. Seconded by Councilman Van Duel- man. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murpky, Thompson, Van Duelman, Wharton. Nays-None, There being no further business iCouncilman Murphy moved to ad- journ. Seconded by Councilman Van Duelman, Carried by the fol- lowing vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None, J. J. SHEA, City Clerk. Approved ..................................1938, AdoAted ....................................1938. ...................................... ...................................... Councilmen : ...................................... Attest : .................................... City Clerk. ,y -~ ~_ ~-J a Special Session, Tuly 20th, 1938 City Council (Official) Special session, July 20t1r., 1938. Council met at 7:20 p.m, Present-Mayor Clark, Council- men Murphy, Thompson, Van Duel- man, Wharton, City Ma~taoer Rhomberg. Meeting called Eby order of Coun- cjlmen Murphy and Thompson, Mayor Clark read the doll and stated that service thereof had 153 been duly made and that this meet• ing is called for the purposo of approving the budget estimate of expenditures for the fiscal year be- ginning April. 1, 1939, and ending March 31st., 1940, as a basis for the tax levy for the year-1933, the same to be collected in the year 1939, and directing .lie City Clerk to publish notice of the date of public hearing upon the samo and acting on any other business as may properly come before a regu- lar meeting of the City Council. BUDGET ESTIMATE AND RECORD OF FILING CITY ESTIMATE NOTICE-The City Council of City of Dubuque of Dubuque County, Iowa, will meet August 11th, 1938, at 7:30 P, M., at the Coun- cil Chamber in the City Hall. Taxpayers will be heard for or against the following estimate of expenditures at that time. J. J. SHEA, City Clerk. 1 2 3 4 6 6 7 m wv ao C " v aro F y ~''q vF w~~ d ,~,H d ,~,t, z a°C'~ ~'~~ ~aWx ~oa",ro adigF °'0' "~' ,'J ~W~m ~~q m~aG ~~~ro >r'v 0?. WOm Wpm [v p,WW~ 0.1xh Wu~00 WOOF ¢'ZFfA WWI Ww~ uenerar .......,4~iu,isur-~is,uus 4........... ~ 4~,uuur 4 ............. 3 zursuu ~ z5'r,9xti Improvement 11,900) 258 .............)......,......) ......,...... 3,840 2,457 Grading .......... 9,600) 214 ........... .............) 239,752 7,845 4,102 Sewer .............. 2,000) 83 ....,...... .,....,......) ......,...... 1,830 1,686 Light ............ 49,572) 2,121 ........... .............) ......,...... 49,761 59,458 Consolidated -- - Tax ............$283,752 49,000 239,752 $ 324,582 $ 325,189 Fire Equipment 12,838 3,171 ........... ............. 12,836 11,074 7,502 Pire Maintenance 116,401 -5,886 ........... ............. 116,401 107,656 102,68b Firemen's Pension ........21,900 8,217 3,586 1,300 17,016 16,536 16,287 Street Cleaning 8C garbage disposal ...... 36,118 1,085 ....,...... 18,000 17,118 35,974 40,032 Llbrary .........2S,113 997 299 1,000 26,814 27,119 24,740 1Vaterworks ..170,450 17,844 20,000 150,450 _.._.....__._.. 181,264 199,433 Park .................. 23,623 1,G04 1,650 675 21,398 2,968 18,360 Policemen's Pension.......... 15,720 1,659 4,889 1,000 10,031 11,309 11,294 Bond ................55,976) 29,729 ....,...... ......,...... 55,976 93,000 286,000 Bond Interest.......... 27,011) ............. 27,011 47,414 57,604 Emergency...... 34,236 1,181 ........... ............. 34,236 31,524 16,117 Dock Bond & Interest......... 36,974 5,627 ........... ............. 36,974 31,104 30,040 Main Sewer.... 17,118 216 ........... ............ 17,118 13,396 11,287 Dock Operating...... 22,618 4,786 ....,...... 5,500 17,118 38,140 2,513 Airport ....................... 401 .................... _...... ................ 738 193 Playground & Swim. Pool.... 15,242 1,541 ....,...... 2,576 12,6x,7 12,980 10,516 Snow Removal 6,649 ..... ..... ........... ............. 5,049 ..,......,...... ..,......,...... Library Bldg .............. 3,552 ............................. _..._......._.. 2,967 ................,,. - - - -- --- --- Totals ........$922,739 $64,738 $30,223 $224,400 $668,116 $1,010,035 $1,168,791 Estimated taxes per $1,000.00 of assessed value, $19.511. Adjusted Taxable Valuation (1937) .................................... ...............:....$33,438,291 Moneys and Credits (1937) at 6.00 mills ........................................... 8,551,677 Moneys and Credits (1937) at 2.00 mills ............................................ 184,376 'I i~ 1'S2 Session, July 12th, 1938 Board of Nealth (Official) Special Session, July 12th., 1938. Board met at 9:35 p.m, Present -Chairman Carl A. Clark, Messrs. Geo. R. Murphy, F. W. Thompson, Frank Van Duel- man, Albert Wharton. SPECIAL ORDER AND NOTICE FROM BOARD OF HEALTH To E. Gable: You are hereby notified that on. the 12th day of July, 1938, the Local Board of Health for the City of Dubuque adopted a resolution ordering you to abandon and re- ]nove the outside water closet, privy or privy vault located upon the premises described therein and to clean the same; also to connect said premises with the sanitary sewer and install sanitary toilet and toilet facilities and connect the same with said sewer, all of tvltich to be done withiu Thirty (30) days from the late of said resolution, a copy of which is here- in set out and is as follows: Resolution No, fit-38 RIISOLIITION OF THE BOARD OF HEALTH Be it resolved by the Board of Health of the City of Dubuque, Iowa, that it is deemed necessary that Lot Number part of lot No. 166, E. Dub. Addition,owned by E• Gable, 1885 Elm Street, be con• netted with sanitary sewer; that the outside 'water closet, privy or privy vault upon said premises be abandoned and removed and said vault cleaned and that a sanitary toilet and toilet facilities be in- stalled and connections made with the sanitary sewer, Be it further resolved that said D. Gable be notified to remove and abandon the outside water closet, privy or privy vault located upon the premises above described and to clean said vault; that said pro- perty be connected with the sani- tary sewer and that sanitary toilet o,nd toilet facilities be installed and connections made with said sewer, all of which to be done within Thirty (30) days from the date hereof. Be it further resolved that said D. Gable be notified of the action of this Board by the service ~f a written notice together with a coPY of this resolution. Failure to com- ply with the terms hereof within the time stated shall be followed by prosecution ar such other action as the Council or Board of Health may determine. Dated this 12th day of July, 1938. CARL A. CLARK, Mayor, Attest: J. J. SHEA, Clerk. Y-ou are further notified that pro• secution will follow a failure to comply with this m'der and notice, or suchfurther action Hill be taken as to the Council or Board of Health may seem proper, Signed W, J. CONNELL, 1'7LD., Health Officer. Mr, Gea. R. Murphy moved the adoption of the resolution. Sec- onded by Mr. F. W, Thomason. Carried by the following vote: Yeas-Chairman Carl A. Clark, Messrs.. Geo. R. Murphy, F. W. Thompson, Frank Van Duelman, Albert Wharton. Nays-None. Mr, P, W. Thompson moved that the Playground and Recreation Commission be ordered to install tofle't facilities and a bubbler foun- tain at the playgrounds located in Industrial Subdivision and known as Rafferty Slough. Seconded b}' Mr. Frank Van Duelrtan. Carried by the following cote: Yeas-Chairman Carl A. (`lark, Messrs. Geo. R. Murphy, F. W. 'Phompson, Franlt Vau Duelman, Albert Wharton. Nays-None. There being no further business Mr. Frank Van Duelman moved to adjourn. Seconded by Rlr, F. A', Thompson. Carried by the follow- ing vote: Yeas-Chairman Carl A. Clark, Messrs. Geo. R. Murphy, F. W, Thompson, Franlt Van Duelman, Albert Wharton. Nays-None, J. J, SHEA, Clerk, Board of IIealth. Approved ..................................1938. Adopted ....................................1938. Members of Board of ........................................ Health Attest : ................................................ Clerk, Board of Health. ;i iF ~~ -~_ n 154 Special Session, July 20th, 1938 Resolution No. 63-38 Whereas, the Council of the City of Dubuque has duly considered and caused to be prepared the bud, get estimate of expenditures for the fiscal year beginning April 1, 1939, and ending March 31, 1940, as a basis for the tax levy far the year 1938, the same to be collected in the year 1939, and Said budget having been duly approved by it: now therefore,, Be it resolved by the Council of the City of Dubuque that said bud, get estimate be and the same is hereby ordered filed in the office of the Clerk of Dubuque and the date of public hearing thereon is hereby fixed as the 11th day of August, 1938, at 7:30 o'clock p. m. in the Council Chamber in the City Hal•1. Be it further resolved that said Clerk be and he is hereby directed to cause said budget estimate of expenditures and proposed tax levy to be published in the official news- paper of the City of Dubuque and an ofOcial notice to be given of the time and place, when and where said budget estimate will be considered by said Council for final adoption, at which time and place taxpayers will be heard for and against said estimate, said publics, ~ tion to be not less than ten (10) days before said date of hearing, Be it farther resolved that in lieu of al] of the separate annual levies far the General Fund, the Grading Fund, the Improvement Fund, the Sewer Fund and the Electric Light and Power Fund, there shall be lev- ied one (1) tax which shall be designated as the "Consolidated Tax Levy." Passed, adopted and approved this 20th day of July, 1938. CARL A. CLARI{, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEC. R. MURPHY, F,. W. THOMP'SON, Councilmen, Attest: J. J. SHEA, City Clerk, Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Thompson. Car- tied by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Notice of claim for damages for injuries of Clarence Schetgen, ad- tninistratot• of the estate of Joseph Schetgen, deceased, in the amount of $10,000.00, presented and read. Councilman Thompson moved to refer the Notice, of Claim to the City Solicitor. Seconded by Coun- cilman Wharton. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Communication of Dubuque Park Board submitting Warranty Deed, Recorded Plat and Abstract of Title from Jerry Potter to the Board of Park Commissioners of Lot 2 of Lot 1 of Lot 1 of Eagle Point View also City Solicitor Nel- son's opinion and report on the ex• amination of the title to said pro, party, presented and read. June 17, 1938. Mr. Waldo Adams, Treasurer, Board of Patk Commissioners, Dubuque, Iowa, RE: Lot 2 of Lot 1 of Lot 1 of Eagle Point View in the City of Dubuque, Iowa, according to the recorded plat thereof: Dear Sir: At your request I have examined the title to Lot 2 of Lot 1 of Lot 1 of Eagle Point View in the City of Dubuque, Iowa, according to the recorded plat thereof, as indicated by ab• stracts of title thereto,, delivered to me, prepared by the Abeln Ab• stract Company, which consists of entries from the time of the orig- inal entry of this property on De- cember 13, 1847, to August 1, 1925, to and including June 13, 1938, as certified to by t)te Abeln Abstract Company. From an examination of said ab• stracts of title, I am of the opin- ion that at the last mentioned date, June 13, 1938, the title of record in fee simple to the above described premises was in the Board of Park Cbmntissioners of the City of Dubuque, Iowa, in trust for the public, under warranty deed, to said Board of Park Com• missioners, from Jerry R. Potter, unmarried, dated June 1, 1938. The abstract of title indicates that all real estate taxes assess, ed against said property have been paid, with the exception of the last half of taxes assessed for the year 1937 which havE' not been paid. The abstract of title shows no special assessment tax, es assessed against this property which have not been paid. The abstract of title indicates that pall taxes assessed against Jerry R• Patter for the years 1929 and 1930 have not been paid, In view of the fact that these poll taxes, the sum of which is not dis• closed by the abstract, might be construed to be a lien upon said real estate, it is suggested that you procure the payment of the Special Session, July 20th, 1938 155 same from Mr. Patter at the time of the payment of the purchase price of the property. Subject to the matter of poll taxes, I am of the opinion Jerry R. Potter could and would convey good and merchantible title to the property I am returning to' you herewith the abstract of title deliv- ered tb me. Respectfully submitted, AL J. NELSON, City Solicitor. Councilman Murphy moved that the communication of the Dubuque Park Board be received and filed and that the opinion of City Solici• for Nelson be made a matter of record and that the Warranty Deed and Abstract of Title be received and placed on file. Seconded by Councilman Van Duelman. Carried by the following vote; Yeas-Mayor Clark, Councilmen Murphy,, Thompson, Van Duelman, Wharton. Nays-None. Communication of John Monte] calling the attention of the City Council to the fact that in 1920 the voters of Dubuque demanded the erection of a city owned light plant but nothing was ever done in the matter and suggesting to the City Council that a city owned light plant would be a good companion to the city owned water works, pre- sented and read. Councilman Thompson moved to refer the communication to the City Council far consideration. Sec- onded by Councilman Van Duel- man. Carried by the following vote; Yeas-Mayor Clarle, Councilmen Murphy, Thompson, Van Duelman, Wharton• Nays-None. Communication of Murphy Insur• ante Agency requesting that the Class "B" Beer Bond of H. A. Van• dercook be terminated as of July 1st, 1938, as said business has been discontinued as of that date, pre- sented and read. Councilman Thompson move d that the request be granted. Sec- onded by Councilman Van Duel• man. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Petition of Hubert M. Fischbach requesting the release of the Class "B" Beer Bond of Hubert M. Fisch- bach and Emil C• Leiser as said partnership has been discontinued as of July 13th, 1938, presented and read. Councilman Murphy moved that the request be granted. Seconded by Councilman Van Duelman. Car- ried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Petition of Herman H• Morris, World War Veteran, requesting that he be granted a permit to operate an ice cream and soda wa• ter stand on East 4th Street dur• ing the period of the coming car- nivals, presented and read. Councilman Thompson move d that the request be granted. Sec- onded by Councilman Murphy. Car• ried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Petition of Andrew D• Karigan, requesting permission to construct a loading platform at the rear en• trance of his place of business at 720 Main Street, presented and read. Councilman Van Duelman moved to refer the petition to the Build- ing CommissionEr for investigation and report. Seconded by Council- man Thompson. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Petition of George F. Kormann, et al, remonstrating against the proposed improvement and continu• ation of Abbott Street, presented and read. Councilman Murphy moved to re• far the petition to the City Coun• cil. Seconded by Councilman Thompson, Carried by the follow- ing vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Petition of Mrs. John Badger, re• farted to the City Council by the Board of Supervisors, requesting suspension of the 1937 taxes on the N. E,. 24_feet of W. 24 feet 8 inches of E. 134 feet of Lot 10 of Fengler's Addition, presented and read. Councilman Murphy moved to re• far the petition to the City Solicitor far investigation and report. Sec• owded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Petition of Bert Zelens, et al, submitting petitions containing 1317 signatures signifying their ap• :: =r a 9 -i a ~.^ 186 Special Session, July 20th, 1938 _ proval of the appointment of J. Edward Whelan for the position of Police Judge, presented and read. Councilman Thompson moved to refer the petiitions to the City Coun- cil for consideration, Seconded by Councilman Wharton, Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Petition of Dubuque Library Board requesting the vacation of that part of the alley lying be- tween Bluff and Locust Streets from West 11th Street southerly to the southerly line of City Lot 668A, presented and read. Councilman Van Duelman moved to refer the petition to tho Plan- ning and Zoning Commission for their recommendation and t•eport. Seconded by Councilman Thomp- son. Carried by the fallowing vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Proof of publication, cet•tified to by the Publishers, of a statement of receipts and also a list of claims for which warrants were drawn during the month of May, 1938, presented and read. Councilman Thompson moved that the proof of publication be received and filed. Seconded by Councilman Murphy, Carried by the fallowing vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None, July 13, 1938. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I am submitting herewith reports of the City Audi- tor, City Treasurer, City Health Department and City Water Depart• went for the month of June, 1938, also a list of claims and list of payrolls for which warrants were drawn during the month of June, 1938. Respectfully submitted, A. A. Rhomberg, City Manager. Councilman Thompson moved that the reports be received and placed on file. Seconded by Coun- cilman Murphy. Carried by the fol• lowing vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. July 19, 1938. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have approved the following bonds and policies and desire to have your approval on same for filing: EXCAVATION Linehan & Molo, 135 West 5th Street-United States Fidelity & Guaranty Co, of Baltimore. Mrs. Ray Powers, 824 Cleveland Avenue-Massachusetts Bonding & Insurance Company, George I, Beaves, 2531 Windsor Avenue-Bond No. 813706, The Western Surety Co. Philip Breithaupt, 2120 Washing- ton Strs~et-Bond No. A•680, Com- mercial Casualty Ins. Co, CLOCK First National Bank, N.W. Cor. 5th & Main Streets-Policy No. IOT 1659, The Fidelity and Casu• alty Co. PERSONAL George Bennett, City Assessor- Bond No. 1795335, London & Lan- cashire Ind. Co. Allen C. Kane, Clerk, Water Dept,-Mutual Surety Company of Iowa. Daniel J. O'Leary, Plumbing In- spector-Bond No. 304084 K, Amer- ican Surety Courpany. Geraldine L. Demkier, Secretary to City Manager-Continental Cas- ualty Company. Albin A. Rhomberg, City Manag• er-Continental Casualty Company, SIGNS Ray N, Clemens, 4th and Iowa Streets-Bond No. 17368, Merch- ants Mutual Bonding Company. Wm, Varvis, 249 Eighth Avenue -Western Surchy Co, Mort H. Singer Theatres Corp., (Orpheum Theatre), N.W. Corner 4th and Main Streets-Policy No. CPL-107344, Massachusetts Bond- ing & Iusurance Company. Sieg-Dubuque Company, Inca 727 Iowa Street-Policy No. 805623, Hardware Mutual Casualty Com• pony. Clark Drug Company, Inc., 976 Main Street-Policy No. 20256, Em- ployers Mutual Cas. Company. N. Paradiso, 1214 Iowa Street- I Policy No. 43294, Bituminous Casu• alts Corporation. Mathis-Moffatt Company, 115 W. Sixth Street-Policy No. LP 3164, Fireman's Fund Indemnity Com- pany. Interstate Finance Corp., 1473 Central Avenue-Policy No. OLT- 2202221, Continental Casualty Com- pany. Fuhrman-Triller Company, et al, Special Session, 906 Central Avenue-Policy No. GL•471719, Hat•tford Accident & Ind, Company. Theisen Battery & Electric Co„ 330 West 8th Street-Policy YC- 2546, London Guarantee & Accident Ca. Sydney Haudenschield, 2170 Cen• tral Avenue-Policy No. 20P664, The Aetna Casualty $ Surety Co. Nicholas F, Schueller (for wreck- ing), Cor. Locust and West 6th Street-Policy No. PL•172056, Hart- ford Accident & Ind. Company. Sam Rotman, 870 Central Aven- ue-Policy No. 85951, Hawkeye Casualty Company. William M. Hill, 2024 Central Avenue-Policy No. OLT 6344, Fire- man's Fund Indemnity Company, Spensley Luncheonette, N, W. Corner 4th and Main Streets-Pol- icy No. OPW-242, Ca~ntral Surety and Insurance Corp. James Slack, 84 Main Street- Policy YR 4771, London Guarantee & Accident Co. Excel Photo Shop, 1879.1881 Cen- tral Avenue-Policy No. 20211, Eb- ployers Mutual Casualty Company. Belsky Motor Company, 767-796 Central Avenue-Policy No, LAG- 3768, Fireman's Fund Indemnity Company. Walgreev Dt•ug Co., signs at fol- lowing locations: 813 Main Street and 225 8th Avenue-Policy No. OLT-2202202, Continental Casualty Company. Premier Pabst Sales Company, signs at fallowing locations: Greg- ory's Tavern, 1105 Julien Avenue and St. George Hotel, 576 Central Avenue' -Policy OLT-5339, Fire• man's Fund Indemnity Company. Blitz Brewing Company, signs at following locations: Alvin Lee Tavern, 701 Central Avenue and Andy Reiter Tavern, 461 Eighth Avenue--Policy GLPL 412237, The Employers' Liability Ass. Corp. Potosi Brewing Company, signs at the following locations: Duccini Tavern, 16th Street; Dominic Gala, 1563 Central Avenue; Morris Blum, 700 E. 16th Street; Maas Tavern, 24th and Prince Streets; John May- erle, N.W. Cor. 4th and Central Avenue; Mel's Place, 14th Street; Walnut Tavern,, Julien Avenue; Old Home Tavern, Central Avenue; Mike Sand, 2498 Central Avenue; and Louie Spielman, 601 Rhomberg Avenue-Policy No. GPL308112, Massachusetts Bonding & Ins. Co. Star Brewing Company, Fourth Street Ext., signs at the' following locations: Harold A. Casey, 1097 Jackson Street; Eugene McCann, 20th, 1938 187 800 Iowa Street; AI Vogelsburg, 29 W. 8th Avenue; Mike Schnee, 37 W. 8th Avenue; Hail's Tavern, 1766 Central Avenue; Dubuque Beer Garden, 1399 Jackson Street; Nick Weber, 431 Rhomberg Aven- ue; Tam Peed, 236 W. 7th Street; Joe Bower, 627 22nd Street; Ma- chinek Fi Stiebee,. 3166 Central Avenue; Anna Heiar, 1900 Wash- ington Street; Jack Carney, 115 W. fith Street; Frank Gregory, 1106 Julien Avenue; Roy Wright, 2600 Central Avenue; Louis A. Wright, 1828 Central Avenue; Clarence L. Schadle, 461 West 8th Avenue; George Nordin, 653 West 8th Av- enue; R. D. Hughes, 1006 Central Avenue; George Trimpler, 1701 As- bury Street; Joe Beecher, 24th & White Street; H. P. Lemper, 2776 Jackson Street; A. 0. Weitz, 201 East 22nd Street; Henry Jensen, 504 Central Avenue; Leo Roth, Five Points; Wm. E. Briggs,, 1255 Central Avenue; John Amacher, 390 Dast 12th Street; Peter Kress, 41 West 7th Street; Al Vogler, 2216 Central Avenue; E. Eppler, 1 Lo- cust Street; Michael J, Graff, 2364 Washington Street; R. J. Weber, 1545 Central Avenue; F. J. Sauger- ing, 2417 Rhomberg Avenue; Geo. Rettenmaier, 1100 Lincoln Avenue; Mrs. Frances Halpin, 2106 Central Avenue; George J, Scherr, 1187 Iowa Street; Wm. Schaffhauser, 576 Central Avenue; Wm, Wood- rich, 1101 Rhomberg Avenue; N. Brodeur, 1080 Julien Avenue; Mc- Laughlin's Tavern, 115 East 22nd Street; Armstrong Tavern,, 398 Main Street; Horne's Tavern, 400 Rhomberg Avenue; Eisnegger's Tavern, 1105-07 Iowa Street; D. Warren, 1702 Central Avenue; F. Boyes, 511 Garfield Avenue; Clan- cy's Tavern, 378 Main Street; Henry Oleson, 212 1st Street; Per- cy Smith, G78 Central Avenue and H. Grode, 1643 Central Avenue- Policy No. CL•138589, Columbia Casualty Company, Standard Oil Company, signs at the following locations: S.W. Cor- ner 11th and Central Avenue, N, W. Corner 2nd and Locust Streets, S.W. Corner 8th and Locust Streets, S.W. Corner 22nd and Cen- tral Avenue,, N.W, Corner 20th and Central Avenue, N,E, Corner Grand- view and Grace Street, S.W. Cor- ner Delhi and Asbury Streets, N.W. Corner 4th and Locust Streets, N.W. Corner 20th and Jackson Streets, Rockdale• Road, 47 W. 4th Street (garage), 32nd and Jackson Streets, 901 Rhomberg Avenue, S.E. Corner 4th and Central Avenue, 65• 73 Main Street; 430 Central Av- enue, 45 West 4th Street, and Cor. of W,. Locust and Kirkwood Streets ~1 a ~'. 158 Special Session, July 20th, 1938 -Policy No. OLT 6346, Fireman's Fund Ind- Company. WRECKING George R. Burden, Cor. Locust Street and West 6th Street-Policy No. CL28281, Hartford Accident & Ind. Company. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Thompson moved that the' signs and policies be ap- proved and placed on file. Sea onded by Councilman Murphy. Car• Tied by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton, Nays-None. July 20, 1938. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the session of the City Council held June 12, 1938, the petition of St. Joseph's Mercy I3ospital requesting a refund on penalty and interest charges paid on the redemption of the tax sale certificates held by the City of Du- buque against Lot 2 of Lot 1 of City Lot 731 was referred to the City Managet• and City Treasurer for an investigation and report. We find from the records that the assessment levied for the im- provement of Dodge Street, desig- nated- Fund No. 323, was delinquent in the amount of $76.99 on April 1, 1926A at which time the City ac- gnired a tax sale certificate for that amount. On May 4, 1938, St. Joseph's Mercy I3ospital redeemed from this tax sale certificate by paying $136.90 of which the City of Dubuque received $132.98. We' recommend that the matter be closed by granting a refund of the difference between $132.98 and 5% Per annum interest charge from April 1, 1926 to May 1, 1938, plus advertising costs. Respectfully submitted, A. A. RIIOMBE03,G, City Manager. OTTO F. PULS, City Treasurer, Councilman Murphy moved that the recommendation of City Man- ager Rhomberg and City Treasurer Puls be approved and that a war- rant in the amount of $8.85 be or- dered drawn against the Improve- ment Fund in favor of St. Joseph's Mercy Hospital to cover the amount of refund granted on pen• alty and interest charges paid on the redempticn of the tax sale certificate held by the City of Du• buque against Lot 2 of 1 of City Lot 731. Seconded by Councilman Van Duelman, Carried by the fol• lowing vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. July 20, 1938. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen; At the session of the City Council held July 12, 1938, the petition of Anna T. Spensley, agent for Mary AlicE S. Weit• and Anne T. Spensley, trustees, and Maria R. Spensley, requesting ad• justment on the special assess- ments levied against Lot 6 of Block 11 of Dubuque Harbor Company Addition was referred to the City Manager and the City Treasurer for an investigation and report, We find that an assessment was levied for the improvement on Dodge Street on October 2, 1929 in Fund No. 868 in the amount of $1,406.21 on which payments were made in 1930, 1931 and 1932 for a total of $662.49, leaving a balance at that time of $843.72. No further payments were made and on Feb• ruary 3, 1936, the property was sold to Dubuque County at a public bidder tax sale far $421.86, plus interest to date of sale of $202.47, plus 4% penalty of $24.97 on which interest has accumulated front the date of the sale, namely February 3, 1936, in the amount of $96.53, or a grand total at the present time of $745.83. Since the date of the sale three installments remain de- linquent and unpaid in the amount of $421.86, plus penalties and in- terest. We recommend that the Dodge Street assessment be settled by two separate adjustments- Tha first adjustment recommended is that a refund be granted for the difference between the amount nec- essary to satisfy the scavenger sale and $421.86, plus 5% per annum from February 3, ].936, to the date of the redemption, plus advertising costa. The second adjustment rec• ommended would be to have the County Treasurer instructed to ac• cept, in satisfaction of the install- ments which have become delin- quent since the date of this sale, namely $421.86 at 5% per annum from March 31, 1936, plus advertis• ing costs. We find that there was levied against this property for the im- provement of Main Street on March 27, 1934,, in Fund No. 945 an as• sessment of $610.90 from which a reduction in the amount of $153.27 was granted, leaving a net bal- ance of $357.63. No payments were Special Session, July 20th, 1938 159 made of interest or principal for this improve-~nent• On February 3, 1936, Dubuque County bid the pro• perty in for the delinquent inter- est. Since that time two in~tall~ menu of principal of $51.09 each have become delinquent and there remain to be paid in the years 1939, 1940, 1941, 1942, and 1943 five payments in the principal amount of $51.09 each, We recommend that the Main Street assessment be settled by the owner dealing directly with the County on the certificates held by the County on the interest involved in the sale of February 3, 1936, which amount is approximately $45.19, and on the principal adjust- meut arefund be granted follow- ing the redemption of the property, based on the difference of the amount paid in and $357.63, plus 5% Per annum from April 1, 1936, and advertising costs. Respectfully submitted, A. A. RHOMBERG, City Manager. OTTO F. PULS, City Treasurer. Councilman Murphy moved that the recommendation of City Man- ager Rhomberg and City Treasurer Puls be approved and that awar-~, rant in the amount of $27382 be I ordered drawn against Special', Bonded Fund No. 868 in favor of Anne T. Spensley Agent, Mary Alice S. Weir, Anne T. Spensley, Trustees, Maria R. Spensley to cov- et- refund granted on penalty and interest charges when paid on the redemption of tax sale certificate held by County of Dubuque against Lot 6 of Block 11 of Dubuque Har- bor Company Addition also that the County Treasurer be instructed to accept in satisfaction of the in• stallments which have became de- linquent against Lot fi of Block 11 of Dubuque Harbor Company Addi- tion since the date of tax sale, the amount of $421.86 at 5% per an- num from March 31, 1936, plus ad- vertising costs Fund 868 for the improvement of Dodge Street and also that the County Treasurer be instructed to accept the delinquent principal in the amount of $357.63 plus 5% per annum from April 1, 1936, and advertising costs on the special assessments levied against Lot 6 of Block 11 of Dubuque Har• bor Company's Addition Fund 945 for the improvement of Main Street. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy,, Thompson, Van Duelman, Wharton. Nays-None. Resolution Na. 62-38 Whereas, applications for Class "B" Beer Permits have been sub- mitted to this Council for approv- al and the same have been ex• amined; Now, therefore, Bo it resolved by the Council of the City of Dubuque that :he 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 Phillip Mihalakis (New), 469 Main Street. Carl McDermott (New), 303 Main Street. Passed, adopted and approved this 20th day of July, 1938. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, GEO. R. MURPHY, F. W. THOMPSON, Councilmen, Attest: J. J. SHEA, City Clerk. Councilman Murphy moved to suspend the rules for the purpose of allowing any onE present in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Whar• ton. Carried by the following vote: Yeas-lliayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Mr. Philip Mihalakis addressed the Council stating that if granted a beer permit as applied for that he will he the sole owner of said permit. Council advised Mr. Philip Mi- halakis that he could not employ either Mr. or Mrs. T. J. Collins to work in said tavern and that if he did employ either of them that his permit would be subject to re- vocation. Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman. Nays-Councilman Wharton. Resolution No. 64--38 Whereas, application for "B" Beer Permit has been submitted to this Council for approval and the same has been examined: Now, therefore, Be it resolved by the Council of the City of Dubuque that the fol• lowing application bE and the same is hereby approved and it is ord• ered that the premises to be oc• cupied by such applicant shall be forthwith inspected. r I L, ~i ~I„ ~',. 'illli~I ''~ 'I i I, II',I, Iii, l i, I~ „ i ^. r'. ~I~' ~~~~~'~,'„'~. I'I'r ~~ 'l .':. Ii; III', ~ II, i } 'j III ~~ =y -q -~l _I ~I i ~_ _~ 160 Special Session, July 20th, 1938 CLASS "B" PFIRMIT W. P. Trimpler (Transfer of ad• .dress from 709 Julien Avenue), 210 West 6th Street. Passed, adopted and approved this 20th day of July, 1938. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Van Duel- man. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson,, Van Duelman, Wharton. Nays-None. Resolution No. 65-38 Whereas, application for Class "B" Beer Permit has been submit- ted to this Council for approval and the same has been examined: Now, therefore. Be it resolved by the Council of the City of Dubuque that the following application be and the same is hereby approved and it is ordered that the pretises to be occupied by such applicant shall be forthwith inspected. CLASS "B" PERMIT Joseph J. Weiner (New), 709 Jul• ien Avenue. Emil Leiser (New), 1200 Iowa Street. Passed, adopted and approved this 20th day of July, 1938. CARL A. CLARK, Mayor. FRANK VAN DUELMAN. GEO. R. MURPHY, F. W. THOMPSON, Councilmen. Attest; J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the resolution. Second ed by Councilman Van Duelman Carried by the following vote: Yeas-Mayor Clark, Councilmet Murphy, Thompson, Van Duelman Nays-Councilman Whatton. Resolution No, 66-38 Whereas, application far Bee'. Permits have been submitted t~ this Council for approval and the same have been examined: Now therefore, Be it resolved by the Council o the City of Dubuque that the fo] lowing applications be and tlf same are hereby approved and it i ordered that the premises tp b occupied by such applicants shal be forthwith inspected. CLASS "B" PERMIT Norman Palmer (Renewal),, 1322 Central Avenue. 1664 William Blum (Renewal), Central Avenue. CLASS "C" PERMIT Ed. F. Cosgrove, (New), 410 Sth Avenue. Henry Jenni (Renewal), 1296 Street. Passed, adopted and approved this 20th day of July, 1938. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON, Councilmen. Attest; J. J. SHEA, City Clerk. Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Van Duelman. Carried by the following vote: Yeas-Mayot• Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Resolution No. 67-38 Whereas, heretofore applications were filed by the within named applicants for Besr Permits and they received the approval of this Council; and Whereas, the premises to be oo- 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, therefm•e, Be it resolved by the Council of the City of Dubuque that the Manageer be and he is hereby di- rected to issue to the following named persons a Beer Permit. CLASS "B" PERMIT Norman Palmer (Renewal), 1322 Central Avenue. CLASS "C" PERMIT Ed. F. Cosgrove (New), 410 8th Avenue. Henry Jenni (Renewal), 1296 Main 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 July, 1932. CARL A. CLARK, Mayor. FRANK VAN DUE'LMAN, ALBERT WHARTON, GEO. R. MURPHY, F. W. THOMFSON, Councilmen. Attest: J. J. SHDA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Murphy. Car- ried by the following vote: Special Session, July 20th, 1938 161 Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-Nona. Qrdinance No. 18-38 An Ordinance amending an Ordi- nance entitled, "Ordinance No. 9- 36. An ordinance providing for the issuance of Class "B" and Class "C" beer permits and for the revocation of the same; fixing permit fees; prescribing rules and regulations governing the operation of places where beer is sold and consumed, pursuant to such permits; restrict- ing dancing and providing a licettso therefor; repealing all ordinances heretofore enacted and governing this subject; providing a penalty for violation thereof; and declar- ing an emergency," presented and read. Councilman Van Duelman moved that the reading just had be con- sidered the• first reading of the or- dinance. Seconded by Councilman Murphy. 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 re~• quiring an ordinance to be read on three separate days. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. 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 Murphy, Carried by the fol- lowing vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Mr. Jos. J. Bertsch, owner of the Merchants Hotel, addressed the Council relative to the disturbance being created from the dine and dance permit being operated at Norton's Tavern adjoining his ho- tel and further stating that guests after registering at the hotel are compelled to leave due to the dis- turbance being created at this dine and dance tavern and further re- questing that he be granted relief from this disturbing of the peace. Mr. Charles Adams addressed the Council complaining of the disturb• ante being created at the dine and Banco tavern known as At•cade Tav ern and further stating that min- ors are employed at this tavern. Councilman Murphy moved that the complaints submitted to the City Council relative to the nuis- ance being created due to the is• suance of dine and dance pet•mits to beer taverns and also the loud noises in taverns caused by the playing of mechanical musical in- struments in beer taverns be re- ferred to the Police Department with instructions that the City Ordinances be enforced. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson,, Van Duelman, Wharton. Nays-None. There being no further business, Councilman Murphy moved to ad- journ. Seconded by Councilman Thompson. Carried by the follow- ing vote: Teas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, ,Wharton. Nays-None. J. J. SHEA, City Clerk. APProved ..................................1938. Adopted ......................................1938 Attest :................................................ City Clerk, 162 Special Session, City Council (Official) Special Session, July 29th, 1938. Council met at 4:35 P. M. Present-Mayor Clark, Council- men Murphy, Thompson, Van Duel- man, Wharton, City Manager Rhom• berg. Meeting called by order of Coun• cilmen Wharton and Thompson. Mayor Clark read the call and stated thataervice thereof had been duly made and that this meeting is called for the purpose of consider• ing the petition of A, M, Hoffmann, requesting the rezoning of the pro- perty located at 1640 Main Street from a multiple residence district to a local business district and acting on any other business as may properly come before a regu- lar meeting of the City Council. Petition of St. Paul's Mission House, Epworth, Iowa, requesting permission to suspend a banner across Main Street between 8th and 9th Street, presented and read. Councilman Murphy moved that the request be granted. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. .Nays-None. Petition of A. M. Hoffmann re- questing the rezoning of the pro- perty located. at 1640 Main Street from a multiple residence district July 29th, 1938 to a local business district, pre• sented and read. Councilman Thompson moved to refer the petition to the Planning and Zoning Commission for their recommendation and report. Sec• onded by Councilman Van Duel- man. Carried by the following vote Yeas-Mayor Clark, Councilmen Murphy, Thompson,, Van Duelman, Wharton. Nays-None• There being no further business, Councilman Murphy moved to ad• journ. Seconded by Councilman Thompson, Carried by the follow• ing vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. J.. J. SHEAh, City Clerk. Approved ..................................1938. Adopted ....................................1938. Councilmen: l ...................................... Attest :................................................ City Clerk.