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1938 August Council ProceedingsRegular Session, August 1st, 1938 163 City Council (Official) Regular Session, August 1st, leas, Council met at 8:15 P, M. Present-Mayor Clark, Council• men Murphy, Thompson, Van Duel- man, Wharton. Mayor Clark stated that this is the regular monthly meeting of the City Council far the purpose of acting upon such business as may properly come before the meeting. August 1st, 1938. To the Honorable Mayor and City Council, City of Dubuque, Iowa Gentlemen: Referring to the' at- tached petition of Mr. A. M. Hoff- mann requesting rezoning of the property at 1640 Main Street, the Planning and Zoning Commission respectfully recommends to your honorable body that the petition as worded be denied. Instead the Planning and Zon- ing Commission recommends the following changes in the wording of the Zoning Ordinance as fol• lows: In Article 4, Multiple Residence District, Section 1. Use Regula- tions, by making Paragraph I be- come Paragraph J and inserting new Paragraph I reading as fol- lows:-Funeral Home and Mortu- ary within the following designat• ed Multiple Family Districts in the area bounded by the North pro- perty line of Dodge Street and the North property line of they North side of Seventeenth Street, and by the West property line of the West side of Bluff Street to and includ- ing both sides of Central Avenue. Further to delete from Article 5, Local Business District, Secton 1, Use Regulations Paragraph G which reads as follows: Funeral Home or Mortuary. Respectfully submitted, R. V. McKay, Secretary. DUBLiQUE PLANNING AND ' ZONING COMMISSION, By H. H. Howis•, Councilman Wharton moved to suspend the rules for the purposei of allowing any one present in the Council Chamber, who wishes to do so, to address the Council, Sec- onded by Councilman Van Duel- man. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Attorney Charles E. O'Connor ad- dressed the Council setting out the objections as contained in the peti- tion of Bart L. Molo et al, which had been filed with the Planning and Zoning Commission, objecting to the rezoning- of the property lo- cated at 1640 Main Street for a mortuary and funeral home and re- questing that the petition of A. M. Hoffmann be rejected. Attorney Herbert J. Hoffmann,ad- dressed the Council requesting that the recommendation of the Plan- ning and Zoning Commission be ap- proved and that the Petition of A. M. Hoffmann be granted. Councilman Mm•phy moved that the recommendation of the Plan- ning ands Zoning Commission be approved and that the City Solic- itor be instructed to prepare the proper proceedings. Seconded by Councilman Wharton, Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Notice of Claim of Mrs, Eileen Ellwanger in the amount of $47.00 for loss of wrist watch at the Mu- nicipal Bathing Pool, presented and read, Councilman Thompson moved to refer the Notice of Claim to the City Solicitor. Seconded by Coun- cilman Van Duelman. Carried by the fallowing vote: Yeas-Mayor Clarlc, Councilmen Murphy, Thompson, Van Duelman, Wharton, Nays-None. Communication of League of Iowa Municipalities submitting statement in the amount of $80.00 for annual membership dues from August 1, 1938, to August 1, 1939, presented ,and read. Conncilman Murphy moved to re- fer the communication to the City Council. Seconded by Conncilman Thompson. Carried by the follow- ing vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Petition of Norman J. Korman, Charles W, Callahan and Nlark W. Gavin, representatives of Municipal Local 651 of the International Hod Carriers, Building and General La• borers Union of America request- ing the City Council to recommend to the City Manager the adoption of the attached working rules and regulations governing all general working rules of employees, mem- bers of Municipal Local 651, pre- sented and read Mr. Mark Gavin addressed the Council requesting that the prayer -r 164 Regular Session, August 1st, 1938 of the petition be granted. and to recommend to the City Manager the adoption of the attached work- ing rules and regulations, WORKING RULES AND REGULATIONS Concerning all general working rules concerning employees, mem• bens of the' Municipal Local 651 of the International Hod Carriers, Building and General Laborers Un- ion of America, in the street, sew- er, garage and water maintenance of the city of Dubuque, Iowa, for t e perio be innin ................... ].9...... and endi g........g ............. 19..... Auy change in these working t'ules and regulations shall only be made after 30 days written notice has bean given, and a date for negotiation concerning the pro- posed change has been set by eith- er the City Manager or the repre- sentative of Local 651. 1. The minimum work-week shall consist of 8 hours per day for the first five working days of each week and 4 hours on Saturday, 2. SCALE OF WAGES Per Hr. (a) Street maintenance men ....................................$ .50 (b) Helpers on rubbish dis~ posal r ................................ .62 a (c) Truck drivers .................. .55 (d) Machine gperators' .......... .57t/Z (e) Sub-forsvnen .................... .57t/a (f) lbremen ............................ .60 (g) mener maintenance ,55 (h) Sewer department truck drivers ................................ .65 (i) Garage mechanics' ........ .60 (j) Garage janitors .............. .50 (k) Working and wage scale conditions as they exist at the present time in the water department shall remain in effect fat' the duration of these working rules and regulations. 3, All working time over the specified 8 hours per day and 4 hours on Saturday shall be con- sidered as overtime to~ be paid at the rata of time and one-half per hour or fraction thereof. All over- time shall be as equally divided among all employees of the vari- ous departments as circumstances permit. 4. Seniority in all departments shall be the same as governed by the Civil Service Laws of the State of Iowa. Seniority rights shall at all times prevail. In any instanc- es of altercation through applica- tion of these seniority rights ar in the classification of workmen in the various departments same shall be made a matter of negotia- tion between the-City Manager of the City of Dubuque, Iowa, and the representative or representa- tives of Municipal Local 651 of the International Hod Carriers, Build- ing and General Laborers Union of America, These working rules and regulations shall not be so con- strued as to limit the rights of any employee governed by Civil Service Laws but shall be construed' so as to be in addition to such rights. 5. All employees shall be fprn~ fished transportation to the point where work is to be done and re- turned to the starting point each day. G. Each employee covered by these working rules and regula- tions will hereby be entitled to ttdo weeks vacation with pay out of each fifty-two weeks. Councilman Van Duelman moved that the ~vorlting rules and regula- tions be adopted. Seconded by Councilman Mut'phy. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson,, Van Duelman, Wharton, Nays-None. Petition of G. H. Atkinson, et al, requesting that electric service be extended to their residences on Maple Island, presented and read. Mr, John McEvoy addressed the Council requesting that the prayer of their petition be gt'anted. Councilman What'ton moved to refer the petition to the City Man- ager for investigation and report, Seconded by Councilman Thomp- son. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nags-None, Petition of Dubuque Centennial Committee requesting permission to attach street decorations to the boulevard light posts on Central Avenue from 22nd street to 12th street; on 12th street from Central Avenue to Main Street; on Main Street from 12th street to 2nd street, also requesting permission to attach card posters to the same posts as has been recently done by other organizations, presented and read. Councilman Van Duelman moved that the request be granted. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas-Mayor Clark, Councilmen Mm'phy, Thompson, Van Duelmanu Wharton, Nays-None. Petition of Anna T, Spensley, agent, Mary Alice S. Weir, Anna Regular Session, August 1st, 1938 16S T. Spensley and Maria R. Spensley, refe2•red to the City Council by the Board of Supervisors, requesting suspension of the 193G and 1937 taxes on Lot 2 of 1 of 1 of Min. Lot 139, presented and read. Councilman Murplty moved to re- fer the petition to the City Solicitor for investigation and report. Sec- onded by Councilman Wharton. Carried by the fallowing vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Ordinance No. 18-38 An Ordinance amending an Ordi- nance entitled,, "Ordinance No. 9- 35. An ordinance providing for the issuance of Class "B" and' Class "C" beer permits and for the revo- cation of the same; fixing permit fees; prescribing rules and regula- tions governing the operation of places where beer is sold and con- sumed, pursuant to such permits; restricting dancing and providing a license therefor; repealing all or- dinances heretofore enacted and governing this subject; providing a penalty for violation thereof; and declaring an emergency, said ordi- nance having been passed upon first and second readings on July 20th, 1938, presented and read a third time. ORDINANCE NO. 18.36 An Ordinance amending an Ordin- ance entitled, "Ordinance No. 9-35. An ordinance providing for the is- suance of Class "B" and Class "C" beer permits and for the revocation of the earns; fixing per[nit fees; pre• scribing rules and regulations gevern- ir,g the operation of places where beer is sold and consumed, pursuant to such permits; restricting dancing and providing a license therefor; re- pealing' all ordinances heretofore en- acted and governing this subject; pro- viding' apenalty fo[ violation thereof; and declaring an emergency." by repealing paragraph 503, Section 15, and enacting a substitute in lieu thereof, Be it ordained by the City Council of the City of Dubuque: PARAGRAPH 503-FEES- SECTION 15 Tltat paragraph 503, Section 15 of an ordinance entitled: "Ordinance No. 9-35, An ordinance providing for the issuance of Class B" and Class "C" beet' 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 con- sumed pursuant to such permits; re- stricting dancing attd providing a li- cense therefor; repealing all ordin- ances heretofore enacted and govern- ing' this subject; providing a penalty for violation thereof; and declaring an emergency." be, and the same is hereby repealed, and the following enacted in lieu thereof: PARAGRAPH 603-FEES- SECTION 15. That from and after the first day of July, 1939, the following annual permit fees shall be exacted and paid in advance for class "B" and class "C" permits: (A) For a class ''C" permit, Twen- ty-five ($25) Dollars. (B) For a class "B" golf or coun- try club permit, Two Hundred Dollars ($200), except where the permit is is- sued far six months in which event it shall be One Hundred ($100) Dollars. (C) For a class "B" club permit Two Hundred ($20D) Dollars. (D) For a class "B" tavern per- mit, Two Hundred ($200) Dollars. (See sub on Section 17). (E) For a class "B" hotel permit, where the hotel has one hundred or more guest rooms, Two Hundred fifty ($250) Dullars, (F) For a class "B" hotel permit where the hotel has less than one hundred guest rooms, Two Hundred ($200) Dollars. PARAGRAPH 503-A- SECTION 15A That in all cases where an annual class "B" license or permit is issued from and after the effective date of this ordinance and prior to the first day of July, 1939, the perinit fees to be exacted and paid for such class "B" licenses or permits shall be computed and exacted and paid as fol- lows: (a) For a class "B" golf or coun- try club permit at the rate of Eight and 33-100 ($8.33) Dollars per month from the date of issuance of said li- cense to July 1, 1939, and at the rate of Sixteen and 67-100 ($16.67) Dollars for each month from and after July 1, 1939, to the date oY expiration of said license or pertnit. at(the rate of Eight and 33- OOp($833j Dollars per month from the date of issuance of said license- to July 1, 1939, and at the rate of Sixteen and 67-100 ($16.67) Dollars for each month from and after July 1, 1939, to the date of the expiration oP said license or permit. (c) For a class "B" tavern per- mit at the rate oP Eight and 33-100 ($8.33) Dollars per month from the date of issuance of said license to July 1, 1939, and at the rate of Six- teen and 67-100 ($16.67) Dollars for each month from and after July 1, 1939. (d) For a class "B" hotel permit, a•Itere the hotel has one hundred or more rooms, at the rate of Twelve and 50-100 ($12.50) Dollars per month from the date of issuance of said license to July 1, 1939, and at the rate of Twenty and 83-100 ($20.83) Dollars for each month from and after July 1, 1939. (e) Far a class "B" hotel permit where the hotel has less than one hundred rooms, at the rate of eight and 33-100 ($8.33) Dollars per month from the date of issuance of .said license to July 1, 1939, and at the rate of Sixteen and 67-100 ($16.67) Dnllar•s for each month from and after July 1, 1939. PARAGRAPH 503-A- SECTION 15-B 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. Passed upon first and second read- ings this 20th day of July, 1938. Passed, adopted and approved upon 166 Regular Session, August 1st, 1938 final reading this 1st day of August, 1938. CARL A, CLARK, Mayor. FRANK VAN DUELMAN, ALBERT ~VHARTON, GF,D. R. MURPHY, F. W. THOMPSON. Attest: J, J. SHEA. City Clerk. Published officially in the Tele- graph-I3erald newspaper on the 2nd day of August, 1938. J. J. SHEA, 8-2-1T City Clerk. Mr. Dwight S. James, attorney for Iowa Tavern Owners' Association, addressed the Council stating that the Dubuque Tavern Owners' As- sociation realized that there were~ too many taverns operating in Du- buque and that this condition was hazardous to the industry and detri• mental to public welfare and fur- ther stating that increasing the fees far licenses without placing a check on the number of taverns would place a burden on the tav ertt keepers and requesting that the Council adopt an ordinance limiting taverns in the- City of Dubuque to the number as provided by statute and submitting a sample of said ordinance. Councilman Wharton moved the adoption of the ordinance, Second- ed by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy,. Thompson, Van Duelman, Wharton. Nays-None, Councilman Wharton moved that the City Solicitor be instructed to draft an ordinance limiting taverns in the City of Dubuque to the num- ber a.s provided by statute, said ordinance to provide that such lim- itation shall not operate to revoke any permit or the renewal of any permit in force upon the adoption of the ordinance, Seconded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson,, Van Duelman, Wharton. Nays-None, August 1st., 1938 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the July 9th session of the City Council, a motion was passed referring the petition of Ellis Tin- dell regarding the construction of a porch and steps in the rear of his home to the Building Commission- er for investigation and report. This case is unusual and I be- ]ieve that Ellis Tindell is entitled to a rear entrance for his home. Owing to the topography of the ground and location of his home he can only obtain this by erecting a parch and steps that will extend into the alley at the rear of his property a distance of three (3) feet. The alley is so steep that it is very seldom used by cars or trucks and the structure would not inter- fere with any pedestrian traffic. In line with the above facts I would suggest that permission be .granted by m•dinance in the regu• lar manner and according to the usual restrictions. Respectfully submitted, H. H, HOWIE, Building Commissioner. Councilman Thompson moved that the petition tie granted and the City Solicitor to be instructed to prepare a proper ordinance. Sec- ouded by Councilman Murphy, Car- ried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. August 1st., 1938 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At fire July 20th session of the City Council, a motion ivas passed referring the petition of Andrew D. Karigan regarding a loading pl~atfm•m to the Building Commis- sioner for investigation and report, The alleys of the down town business section present a prob- lem that is becoming more diffi- cult to handle every year. As ori- ginally platted the alleys were 30 feet in vridth, but with a constantly increasing number of loading plat- forms being constructed we are faced with a system of alleys that are only 24 feet in width, due to loading- platforms on each side of 3 foot widths each. Auto traffic is increasing and parking space is mote difficult to fi»d, The result being that mare cars are parlted in the alleys. Truck service is increasing and the find mote tracks in the alleys, both uploading and parked. The serious angle is found in the danger of delay to the fire depart, meet and the evident failure of the present city ordinances to prevent the alleys from becoming totally bloclzed. The Telephone Company intends in the next five to ten years to remove all poles from the alleys and then we will be forced to cause many platforms to be re- moved. Only those platforms abso- lutely necessary should be ap- proved and then only after careful study, Regular Session, August 1st, 1938 167 In line with the above facts and situation I regret that I am unable to approve the petition attached and request that the City Council deny the petition, Respectfully submitted, H, H. HOWIE, Building Commissioner. Councilman Wharton moved that the application he granted and the City Solicitor to 'be instructed to prepal•e a proper ordinance. Sec• onded by Councilman Murphy, Car- ried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nay s-None. Councilman Van Duelman moved that the City Manager, Building Commissioner and Chief of the Fire Department be instructed to make survey of traffic conditions in the streets and alleys in the down town districts, Seconded by Councilman Thompson. Carried by the following vote: Yeos-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None, August 1st., 1938 To the Honorable Mayor and City Council, Dubuque, Iowa• Gentlemen: With reference to the attached petition of the Dubuque Library Board requesting vacation of the alley lying botween Bluff and Lo- cust Streets from West 11th Street southerly to the southerly line of City Lot 658A, the Planning and Zoning Commission recommends to your honorable body that said petition be granted. Respectfully submitted, R. V. McKAY, Secretary, Dubuque Planning and Zoning Commission. By H. H. HOWIE Councilman Wharton moved to refer the recommendation of the Planning and Zoning Commission to the City Counctl to view the grounds. Seconded by Councilman Thompson, Carried by the follow- ing rrote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Resolution No. 68-38 Whereas, application for Class "C" beer permit has been sub- mitted 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 fallowing application be and the same is hereby approved and it ie ordered that the premises to be occupied by such applicant shall be forthwith inspected, CLASS "C" PERMIT Fronk H. Essman (new), 2774 Jackson Street. Passed, adopted and approved this ... , day of August, 1938. Mayor. Councilmen, Attest: ..•........ City Clerk. Councilman Thompson moved to refer the resolution to the City Council for further consideration. Seconded by Councilman Murphy. Carried by the following vote; Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton, Nays-None. Resolution No, 69-36 Whereas, application for Class "B" Beer Pet•mit has been sub, miffed to this Council for apt•oval and the sarue ]tas 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" PEPLMIT Clarence J, Lange (new), 574 East 16th Street. Passed, adapted and approved this ..., day of August, 1938. Mayor, Councilmen. Attest : ................. City Clerk. Councilman Murphy moved to refer the resolution to City Mana- ger Rhomberg for investigation as to sanitary and other conditions. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays--None. , 168 Regular Session, August 1st, 1938 Resolution No, 70-38 Whereas application for Class "B" Beer Permit has been sub- mitted 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 or- dered that the premises to be occu- pied by such applicant shall be forthwith inspected. CLASS "B" PERMIT Payson Berg (renewal), 1804 Central Avenue, Passed, adopted and approved this 1st day of August, 1938, CARL A, CLARK, Mayor. FRANK VAN DUELMAN, 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 Wharton. Carried by the following vote: Yeas-Mayor Clarlr, Councilmen Murphy, Thompson, Van Duelman, Wharton, Nays---None. Resolution No. 71-36 Whereas, heretofore applications were filed by the within named applicants for Class "B" Beer Per- nuts and they received the ap• proval of this Council; and Whereas, the premises to be oc- cupied by them have been inspect- ed and found to comply with the ordinances of this City and they have filed a proper bond: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the Manager be and he is hereby directed to issue to the following named persons a Beer Permit. CLASS "B" PERMIT Payson Berg (renewal), 1804 Central Avenue. William Blum (renewal), 1654 Central Avenue. W, F, Trimpler (transfer of ad- dress from 709 Julien Avenue), 210 West 5th Street. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 1st day of August, 1938, CARL A. CLARK, Mayor. FRANK VAIN DUELMAN, 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-Mayor Glark, Councilmen Murphy, Thompson, Van Duelman, Wharton, Nays-None. Resolution No, 72-38 Whereas, heretofm•e application was filed by the within named ap• plicant Yor Class "B" Beer Permit and has received the approval of this Council; and Whereas, the premises to be occupied by him has been inspect- ed and found to comply with the ordinances of this City and he has filed a proper bond: Now, There- fore, Be It Resolved by the Council of the City of Dubuque that the Manager be and he is hereby directed to issue to the following named person a Beer Permit, CLASS "B" PERMIT Joseph J. Weiner (new), 709 Julien Avenue. Be It Further Resolved that the bond filed by such applicant be and the same is hereby approved, Passed, adopted and approved this 1st day of August, 1938, CARL A, CLARK, Mayor. FRANK VAIN DUELMAN, 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 Van Duel• man. Carried by the following vote: Yeas-Mayor Clark, Councilmen 14lurphy, Thompson, Van Duelman. Nays-Councilman Wharton, Resolution No. 738 Be It Resolved by the City Coun- cil of tite City of Dubuque that the following, having complied witlz the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a per- mit to sell cigarettes and cigarette Regular Session, papet•s within said City and the Manager is directed to issue such permit on behalf of said City: Crescent Sweet Shop (Mrs. I3elen Hansel), 1048 Main Street. Be It Further Resolved that the bond filed with the application be approved. Passed, adopted and approved this 1st day- of August, 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. Sec- onded by Councilman Thompson. Cat•ried by the following vote: Yeas-Mayor- Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton, Nays-None, REPORT OF INVESTIGATION OF CITY COUNCIL IN THE MATTER OF APPLICATIONS FOR POLICE JUDGE The undersigned members of the City Council of the City of Du• buque, Iowa, herewith submit and file their report of investigation of applicants for- the office of police judge of the City of Dubuque, Iowa, as follows: That pursuant to the provisions of Chapter 60 of the Code of Iowa of 1935 and for the reason that two of said applicants, namely, Ray E. Licklider and Walter W. Paisley claimed preference in ap- pointment by reason of their being lronor•ably discharged soldiers of the War with Germany, the City Council of the City of Dubuque in accordance with the provisions of. Section 1161 of the Code of Iowa of 1935, made an investigation as to the qualifications of said honor- ably discharged soldier applicants as well as the other applicants for said position, and examined the applications of said applicants and investigated the saute, and on July 20th and July 29th, 1938, made fur- ther investigation by personal in- terview with each and all of said applicants, and by the holding of 1st, 1938 169 an oral examination or quiz of each applicant, That said examination or quiz consisted of the propounding to each applicant of twenty-two spe- cific questions relative to the juris- diction of the police court of the City of Dubuque, and the adminis- tration of the same, and the en- forcement of ordinances of the City of Dubuque, each member of said City Council having before him a list of said specific questions and the proper answer thereto, to- gether with the provisions of the statute applying thereto, and that each applicant in said examination was rated by each member of said City Council, and that as a result of said investigation made in con- fot•mity with the provisions of the statute based upon the examina- tion made of said applicants, the mndersigned members of the City Council of the City of Dubuque find that qualifications of said honorably discharged soldier appli- cants, Ray E, Licklider and Walter W. Paisley do not equal the quali- fications of Louis F. Fautsch, or John K. Chalmers and for that rea- son said City Council of the City of Dubuque refuse the claim to pre- ference and appointment of the said Ray ]7, Licklider and Walter W. Paisley. Dated this first day of August, 1938, CARL A, CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO, R. MURPHY, F. W. THOMPSON, Councilmen. Councilman Wharton moved that the report as read be made a mat- ter of record, Seconded by Coun- cilman Murphy, Carried by the fo]- lowing' vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Councilman Thompson moved that Louis F, Fautsch be appointed to the office of Police Judge. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas~Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Whartou. Nays-None. Thet•e being no further business Councilman Murphy moved to ad- journ. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas-Mayor Clark, Councilmen I14, '~ ~.i I!j 'II,I ~~,~~,~ i ~I !`i it ~~, I ~~ 170 Regular Session, August 1st, 1938 ~ Special Session, August 11th, 1938 171 Murphy, Thompson, Van Duelman, Wharton, Nays-+None, J. J. SHEA, City Clerk. Approved ..................................1938. Hoard o~ Health (Official) Special Session, August 1st, 1938. Board met at 9:40 P. M. Present-Chairman Carl A, Clark, Messrs, Geo, R, Murphy, F. W. Thompson, FI•ank Van Duelman, Al- bert Wharton, July 26, 1938, Board of Health, Dubuque, Iowa, Gentlemen: We wish to acknowl- edge receipt of your Lotter of July 13, ordering the Playground and Recreation Commission to install toilet facilities and a bubbler foun• tain at the playground located on Industrial Subdivision known as Rafferty's Slough, We wish to advise that this com• mission has no authority to make the improvements ordered, as this property is under the direct con• ttal of the City Council, Respectfully yams, PLAYGROUND AND RECREATION COMMISSION. Leo T. Gregory,, Chairman. Mr, Geo. R. Murphy moved that the communication be received and made a matter of record, Seconded by Mr. F, W. Thompson. Carried by the following vote: Yeas-Chairman Carl A, Clark, Messrs. Geo. R. Murphy, F. W. Thompson, FranL- Van Duelman, Albert Wharton. Nays-None. There being no further business, Mr. Ft•ank Van Duelman moved to adjourn. Seconded by Mr. Geo. R. Murphy. Carried by the following vote: Yeas-Chairman Carl A. Clark, Messrs. Geo. R, Murphy, F. W. Thompson, Frank Van Duehnau, Albert Wharton, Nays-None. J. J, SHEA, Clerk, Board of Health, City Council (Official) Special Session, August 11th, 1938, Council met at 8:10 P, M, Present-Mayor Clark, Council- ' men Murphy, Thompson, Van Duel• man, Wharton, City Manager Rhomberg. Meeting called by order of Coun- cilman 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 far the purpose of con- ducting apublic hearing upon the Budget Estimate of Expenditures fot• the fiscal year beginning April 1st, 1939, and ending March 31st, 1940, as a basis for the tax levy for the year 1938, the same to bra collected in the year 1939, and act- ing on any other business as may properly come before a regular meeting of the City Council. PEtition of J, P. Brake, vice presi- dent, Dubuquo Association of the Blind, requesting that Warning Signs marked, Blind with White Canes have Right•of•Way, be placed on stoplight pasts, where possible, and en each and every approach to the City, presented slid read. Councilman Wharton moved to suspend the rules for the purpose of allowing any one present in the Adopted ....................................1938. Councilmen : ...................................... Attest : ................................................ City Clerk. APProved ..................................1938. Adopted ....................................1938, Members of Board of ........................................ Health Attest : ................................................ Clerk, Board of Health. 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 Ha1L Taxpayers will be heard for or against the following estimate of expenditures at that time. J. J, SHEA, City Clerk. 1 2 3 4 5 6 7 l ti ro«m v?+' p °~ o '" v o N v Fro °'~~ N ~ aQ A E G m~ w's~ a~ y ti Mw v ti ~w ' z a~~ Nbv ~y ~R~x m ~ ~omia Gm py~F ro y~' dm y~' W „ (1y wk m~ ('. ~~~ f. m~aC Y DV mF+~+ro ~+U ~+d 0?. k0~ 640+ P+wW.+ qxn Wm00 WOOF ~zEfA W[v~ Ww°; _ ......... ........ Itnprovement ,__.,,.,-, v_-,.,-- ,,........... w x7~~~~ d......,...... 4 11,900) 258 .............),..,.,,.,,,,,) ,,,,,,,,.,,,, aui,su~ ~ 3,840 znr,4ss 2 457 Grading ........ .. 9,500) 214 ,,,,,,,,,,, ,,,,,,,,,,,,,) 239,752 7,845 , 4 102 Sewer ............ .. 2,000) 83 ....,...... ......,......) ......,...... 1,830 , 1,686 Light ............ 49,672) 2,121 ,,,,,,,,,,, ,,,,,,,,,,,,,) ,,,,.,,,,,,,_ 49,761 59,458 Consolidated - -- Tax ........... Fire $283,752 49,000 239,752 $ 324,582 $ - 325,189 Equipment 12,838 3,171 ,,,,,,,,,,, ,,,,,,,,,,,,, 12,838 11 074 7 502 Fire , , Maintenance 116,401 -5,835 ........... ............. 116,401 107 656 102 685 Firemen's , , Pension .... ....21,900 8,217 3,585 1,300 17,015 16,836 16 287 Street Cleaning , & garbage disposal ...... 36,118 1,085 ....,...... 18,000 17,118 35,974 40 032 Library ....... ., 23,113 997 299 1,000 26,814 27,119 , 24 740 Waterworks ..170,460 17,844 20,000 15Q45U ................... 181,264 , 199 433 Parlt ................ .. 23,623 1,604 1,656 57b 21,395 22 968 , 18 360 Policetnen's , , Pension.......... 15,720 1,659 4,689 1,000 10,031 11,309 11 294 Bond .............. .. 55,976) 29,729 ....,...... ,,,,,,,,,,,., 65,976 93 006 , 286 000 Bond , , Interest.......... 27,011) ............. 27,011 47,414 57,604 Emergency...... 34,236 1,181 ........... ............ 34,236 31,524 16 117 Doclt Bond & , Interest.......... 36,9'x4 6,627 ........... ............ 36,974 31,104 30,040 iti[ain Sewer... . 17,118 216 ........... ............ : 17,118 13 396 11 287 Doclt , , Operating...... 22,618 9,786 ....,...... 6,500 17,118 38,14D 2,513 Airport ........... ............ 401 ......,..................... ,..... _.._.. 738 193 Playground & Swim. Pool... . 15,242 1,541 ....,...... 2,575 12,667 12,980 10,615 Snow Removal 5,649 ........... ........... ............. 5,649 .., ......,...... .. ,......,...... Library Bldg . ............ - 3,552 - .............................. ..........._.. 7,,967 ... ............... Totals ........$922,739 $64,738 - -- $30,223 $224,400 --- $668,116 $1,010,035 $1 --- ,158,791 Estimated taxes per $1,000.00 of assessed v alue, $19.51 1, Adjusted Taxable Valuation (1937) ................. ................... .................... $33,438,291 Moneys and Credits (1937) at 6.06 mills ..... ................... .................... 8,651,677 Moneys and Credits (1937) at 2.00 tnills .... .................... ................... .. 184,376 y -~ -.. 0 _~ J 172 Special Session, Council Chamber, who wishes to do so, to address the Cauncil~. Sec- onded by Councilman Van Duel- man. Carris~d by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton, Nays-None. Mr. J. P, Brahe addressed the Council requesting that the prayer of the petition be granted, Councilman Vaa Duelman moved 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, Proof of publication, certified to by the publishers, of the notice of public hearing upon the Budget Ex- penditures for the fiscal year be- ginning- April 1st, 1939, and end- ing March 31st, 1940, as a basis for the tax levy for the year 1938, the same to be collected in the year 1939, presented and' read. Councilman Wharton moved that the proof of publication be re- ceived and filed. Seconded by Councilman Van Duelman, Carried by the following vote: Yeas-1~Iayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Ne written abjectibns to the Bud- get Estimate of Expenditures for tha fiscal year beginning April 1st, 1939, and ending March 31st,, 1940, were filed and ne objectors were present in the Council Chamber. Resolution No, 74-38 Whereas, the Council of the City of Dubuque caused to be prepared anri published, as provided by law, the Budget Estimate of Expendi- tures for the fiscal year 1939, and the hearing upon said Budget Esti- mate was fixed far the 11th day of August, 1938, at 7:30 P. M., at the Council Chamber in the City Hall; and Whereas, this being the time and place set for said hearitig, said Bud- get Estimate was taken up for final consideration by the Council and all taxpayers have been given an opportunity to be heard for or against said Budget Estimate. It is therefore resolved by the City Council of the City of Du- buque, Iowa: That the Budget Estimate of Ex- penditures for 1939 heretofore pre- pared and published be and the same is hereby finally approved and adopted and the Mayor and Clerk are directed to certify the same to the County Auditor of Dubuque st 11th, 1938 County, Iowa, together with the verified proof of publication and the notice of hearing upon said Bud- get Estimate. Bo it further resolved that the taxes required to be collected is the year 1939 be and the same are hereby levied in the various funds in the amounts shown in said Bud- get Estimate. Passed, adopted and approved this 11th day of August, 1938. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, 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: I ens-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton, Nays-None, Resolution No. 75-38 A resolution establishing the tax levies for the year 1938, the taxes to be collected in the year 1939 and used for Municipal purposes of the City of Dubuque. Be it resolved by the City Coun- cil of the City of Dubuque that there be and there is hereby lev- ied the taxes for Municipal purpos- es for the ensuing year 1939 of the following number of mills on the dollar of all taxable property tivithin the corporate limits of said City: 7.000 mills for Consolidated Tax as provided for by Section 6217'of the Code of IowaA 1935. 0.789 mills for Bond Interest Fund. 1.635 mills for Bond Retirement Fund. 3.4p0 mills for Fire Maintenance Fund. 0.375 mi]•la for Fire Equipment Fund. 0.600 mills for Garbage and Street Cleaning Fund, 0.625 mills for Park Fund, 0.293 mills for Police Pension Fund. 0.497 mills for Fire Fension Fund. 0;782 mills far Library Furid. 0.500 mills for Main Sewer Fund. 0.370 mills for Playground and Swimming Pool Fund. 0.500 mills for IToek Fund. 1.080 mills for Dock Band and In- terest Fund. 0.105 mills far Snow Removal Fund. 1.000 mills for Emergency Fund. Special Session, August 11th, 1938 173 Be it further resolved- that 2,032 mills on the dollar is hereby lev led upon all lots or parcels of land containing ten acres or mare which are occupied in good faith and used for agricultural or horticultural pur• poses, Be it further resolved that all• property within the corporate lim- its of said City is hereby deter- mined to receive benefits from each of the said tax levies. Be it further resolved that the Mayor and Clerk be and they are hereby directed to certify the sums of money that the said tax levies will produce, as shown by the Bud- get Estimate of Expenditures adopt- ed by this Council on the 11th day of August, 1938, to the Auditor of Dubuque County on or before Aug- ust 15th, 1938, Passed, adopted and approved this 11th day of August, 1938, CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON, Councilmen, Attest: J. J, SHEA, City C]erk. Councilman Thompson moved the adoption of the resolution. Second- ed by Councilman Murphy. Car- ried by the following vote: Yeas-Mayor Clarlt, Councilmen Murphy, Thompson, Van Duelman, • Wharton. Nays--None, Councilman Van Duelman moved that the Council rescind their ac- tion taken at the meeting of July 12th, 1938, in ordering Resolution Nc. 5G-•38, Resolution to authorize the issue of $56,000 Funding Bonds of the City of Dubuque placed on file with the City Clerk for public inspection for at least one week as required by law. Seconded by Councilman Wharton. Carried' by the following vote-: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None, OFFICE OF STATE COMPTROLLER Department of Public Contracts and Bonds In the matter of an appeal- to the State Comptroller from the decision of the Coun- Decision cil of the City of Du- of buque, Iowa, to issue Comptroller funding bonds of said city in the sum of $65,000.00. The City Council of Dubuque, Iowa, designated July 12, 1938, as the date for the issuance of bonds by the city as follows: Fifty-five Thousand Dollars ($5,000.00) bonds for the purpose of funding a like amount of indebt- edness of the city evidenced by a judgment obtained against the city in the District Gourt in: and for Dubuque County, Iowa. Notice of appeal from the deci- sion of the City Council to issue said bonds was filed as by law provided. Therefore, an July 16, 1938, the entire records were certified to the State Comptroller by the city clerk as provided by Section 365 of the Code. Subsequent to said appeal and in accordance with Section 365 of the code, due notice was given the Mayor and the first five objectors of a public hearing to be held on Tuesday, August 2, 1938, at 2:00 P. M„ at the City Hall, Dubuque, Iowa, said notice being mailed July 22, 1938• Pursuant to the above mentioned notice a hearing was conducted by the State Comptroller at the speci- fied time and place to hear evi- dence far and against the issuance of said- bonds. It appears from the evidence and record submitted that the holders of certain Fvarrants and bonds of the city have secured a judgment in the District- Court of Dubuque County which now constitutes a general debt obligation of the city. It is for this reason that the city council proposes to issue funding bonds to pay or satisfy this judg- ment duly ordered by the District Court. At the hearing before the State Comptroller none of the objectors, or their representatives, appeared iri defemse of their petition which brought about the appeal. All procedure had and all. evi- dence submitted for or against the proposed issuance of the bonds has been given careful consideration. The Comptroller finds that said bonds are being issued according to law, that all proceedings seem to be in proper form, and arrange- ments made for the payment of the bonds. I am, therefore, approving the issuance of funding bonds by the city of Dubuque, Iowa, in the sum of $55,000.00 and the objec- tions of the appellants to the is- suance of said bonds are overruled, G. B. MURTAGH, State Comptroller, Des Moines, Iowa August 5, 1938. Councilman Murphy moved that the decision of State Comptroller C. B. Murtagh be made a matter of Record. Seconded by Council- ~ ~'I,. ~~ i~p• ~'~,, ;''I ''~i _~ -~ -~1 0 J 174 Special Session, August 11th, 1938 man Thompson. Carried by the ' following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None, Resolution No. 56-38 Resolution to authorize the issue of $55,000 Funding Bonds of the ,City of Dubuque, presented and read. Councilman Van Duelman moved that the resolution be filed in the office of the City Clerk for public inspection as required by law and that said resolution be considered for final passago and adoption on the 18t1t day of August, 1938. Sec- onded by Councilman Wharton, Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Notice of Claim of Victor Nelson in the amount of $300 for damages caused to his garage caused by tiWater flooding over his property during the rainstorm of June 14th, 1938, presented and read. Councilman Van Duelman moved to refer the Notice of Claim to the City Solicitor. Seconded by Coun- cilman Thompson, Carried by the following vote: Yeas-Mayor Clark, Councilmen. Murphy, Thompson, Van Duelman, Wharton, , Nays-None. Communication of Dubuque Trades and Labor Congress re- questing that a full crew be main- taiued at all times on the Fire De- partment especially No. 6 Station located on Rhomberg Avenue, pre- sented and read, City Manager Rhomberg advised Council that all Fire Stations are now fully manned. Councilman Murphy moved that the communication be received and filed. Seconded by Councilman Thompson. Carried by the follow- ing vote; Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Petition of J, F. Hickey et al re- questing the opening and grading of a street from the corner of Langworthy and James Streets eastward approximately one block and a half to the south line of Car- diff street, presented and read, Mr. Thomas H. Callahan ad- dressed the Council requesting that the Prayer of their petition be granted and further requesting that the Council view the grounds of this proposed street, Councilman Wharton moved to refer .the petition to the Council to view the grounds, Seconded by Councilman Van Duelman, Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Petition of Donald Cupps et al requesting that St, Ambrose street from Seminary street to the bot- tom of the hill be improved with crushed rock and that the water pipe be cleaned out and extended through Lots 72 and 73, presented and read. N8'. Alfred Rehfeldt addressed the Council requesting that the prayer of their petition 'begranted. Councilman Wharton moved to refer the petition to to the Council 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-•Noue. Petition of Mrs. Anna Peter et al requesting that Hazel Street be improved with crushed rock to its full length, presented and read, Mrs. Anna Danner addressed the Council requesting that the prayer of their petition be granted and further requesting that the Coun- cil view the grounds. Councilman Murphy moved to re- fer the petition to ttte Council to view the grounds. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None, Petition of James E. Shortell et al, property owners abetting the alley between Bluff and Locust streets from Tenth to Eleventh streets, remonstrating against the proposed petition requesting the closing of said alley at Eleventh street, presented and read, Councilman Wharton moved to refer the petition to the Council, Seconded by Councilman Van Duel- man. Carried by the fallowing vote: Yeas-Mayor Clark, Councilmen Murphy; Thompson, Van Duelman, Wharton, Nays-None. Petition of St. John the Baptist Parish of Peosta, Iowa, requesting permission to erect a banner across Main Street just south of 9th street and maintain it from Special Session, August 11th, 1938 17S August 27th to September 5th, pre- sented and read. Councilman Van Duelman moved that the request be granted. Sec- onded by Councilman Murphy, Car- ried by the following vote; Yeas-11layor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Petition of Kretschmer Insur- ance Agency requesting the release of the Excavation Bond of George F. Pinski as said bond had expired as of June 12th, 1933, presented and read. Councilman Thompson moved that the request be granted provid- ing that all excavations are pro- perly taken care of, Seconded by Councilman Murphy. Carried by the fallowing vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-Noue, Petition of C. C. Simpson, Sec- retary of Dubuque Chamber of Commerce, requesting that all ap- plicants for peddlers license dur- ing the Period of August 17th to 21st be referred to them in order that they may get some reveaue from the sale of their commodities, presented and read. Councilman D4urphy moved that the petition be referred to the City 11lanager to take up this matter with the Centennial Committee and that licenses be issued upon their approval. Seconded by Coun- cilman Van Duelman. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays--None. Petition of C. C. Simpson, Sec- retary of Dubuque Chamber of Commerce, requesting permission to place a large cloth banner across the south side of the street intersection at Fourth and Main Streets, presented and read, Councilman Van Duelman moved that the request be granted. Sec- onded by Councilman Thompson, Carried by the following vote: Y-eas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Petition of Mary L, Lee et al property owners on West Locust street, calling the attention of the Council to the menace to public health applying because of the "backing-up" of sewers into their premises, due to the overtaxing of the sewer by permitting an ex- tension outside of the City Limits, presented and read, Councilman Wharton moved to refer the petition to the City Mana- ger far investigation and report. Seconded by Councilman Van Duel- prtan. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton, Nays-None. Petition of W. J. Kieler et al requesting that action be taken to improve the surface (by tar or oil), of the two blocks, 1000 to 120D Rush street, which were regraded but not oiled last summer, and that if requested improvement is made that same be done without any expense on the taxpayers on Rush street, presented and read, Councilman Murphy moved to re- fer the petition to the Council to view the grounds. Seconded by Councilman Thomp• son. Carried by the following vote: Yeas-Mayor Clark, Councilmen tliurphy, Thompson, Van Duelman, Wharton. Nays-None. August 10, 1938. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I am submitting herewith reports of the City Auditor, City Treasurer, and City Water Department for the month of July, 1938, also a list of claims and list of payrolls for which warrants were drawn during the month of July, 1938. Respectfully submitted, A. A. RHOMBERG, City Manager, Councilman Wharton moved that the reports be received and placed on file, Seconded by Councilman Murphy, Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Proof of publication, certified to by the publishers, of a statement of receipts and also a list of claims for which warrants were drawn during the month of June, 1938, presented and read. Councilman Murphy moved that the proof of publication be received and filed. Seconded by Council- man Wharton. Carried by the fol- lowing vote: Yeas-Mayor Clark, Councilmen Murphy, 'Phompson, Van Duelman, Wharton. Nays-None. ~' 176 Special Session, Council Proceedings for the month of June, 1938, presented for approval. Councilman Thompson moved that the Council Proceedings for the month of June, 1938, be ap- proved as printed. Seconded iby Councilman Van Duelman. Car- ried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. August 11, 1938. To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen; At the session of the City Coun- cil held August 1, 1938, the petition of G. H, Atkinson, et al, requesting the extension of electric service to their residences on Maple Island on the same basis as all the homes in the city was referred to me for investigation and report, I have contacted the Interstate Power Company officials, who re• port that they are prepared to prove that they would not be equit- ably compensated on the basis re• quested because of (1) the expevse involved in extending the distri- bution system a considerable dis- tance; (2) the limited revenue to be derived; (3) the fact that the revenue would not be stable since most of the petitioners are tenants and high river stages would fur- ther limit occupancy of the resi- dences. Section 5 of the Electric Fran- chise Ordinance provides: "The City of Dubuque reserves the right to make all reasonable and proper police regulations concerning the operation and construction of said distributing system, and to order reasonable and proper extension of service, and to require said com- pany, subject to reasonable rules and regulations, to furnish any person or corporation applying therefor anywhere along the sys- tem with electrical current for heat, light, power or other pur- poses." The question in the instant case is; Can the extension requested be deemed reasonable and proper if the resulting revenue does not economically justify the proposed expenditure? In my opinion, it can- not be so construed. In view of the foregoing, I re• commend to your Honorable Body that the petition be denied unless- the petitioners can show that the revenue would be compensable or failing that, are prepared to under- t 11th, 1938 write some of the construction ex• pense. Respectfully submitted, A, A. RHOMBERG, City Manager. Councilman Van Duelman moved to refer the recommendation of City Manager Rhomberg to the Council for ftirther consideration. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays~None, August 11, 1938. To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: At the meeting of the City Coun• cil held June 30, 1938, the petition of Charles Miller requesting the vacation of Charles Street and at the meeting of July 12, 1938, the petition of Wilbert Lange, et al, protesting against the vacation of Charles Street and requesting that the alley between Broadway Exten- sion and Irluscatine Street be kept open on the southerly end were re- ferred to me fm• an investigation and report. I find, upon examination, that the requests of both the petitioners and the objectors can be accomp- lished by vacating Charles Street from the westerly line of Broadway Extension to the easterly line of the alley and vacating from the westerly line of the alley to the easterly line of Muscatine street. If this were done, the alley lying between Broadway Extension and Muscatine Street would Abe open from Putnam Street to Gay Street and no property owners would be inconvenienced. It is not likely that any homes will be built facing these portions 'of Charles Street because the lots front either onto Broadway Extension or onto Mus• catine Street. I recommend that your Honor- able Body refer the matter to the Planning and Zoning Commission for their investigation and report. The objectors have asked further that a street be put through as a W.P.A, project connecting Broad- way Extension and Muscatine Street. The improvement of Gay Street from Broadway Extension to Muscatine Street is included in our present W.]?.A, street program. Respectfully submitted, A, A, RHONIBERG, City Manager. Councilman Wharton moved that the recommendation of City Mana- ger Rhomberg be approved and the Special Session, matter be referred to the Plannin@ and Zoning Commission for their recommendation and report, Sec onded by Cotmcilman Thompson Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton, Nays---None. August 11, 1938, To the Ionorable Mayor and City Council, Dubuque, Iowa, Gentlemen: At the meeting of the City Caun• cil held on July 12, 1938, the peti- tion of Mr, and Mrs. Ed, Kuehnle, et al, requesting the placing of an electric street light opposite No, 505 Angella Street was referred to me for investigation and report. I find that the chief difficulty is because of overhanging trees and .further that the light at the top of the hill at the intersection of An- gella and Catherine Streets is on the extreme north point of the crossing. The owners of the trees which overhang have indicated their willingness to have the offonding branches trimmed out and I recommend that the neces• sary tree trimming be done and that the street light at the corner of Angella and Catherine Streets be placed so as to hang over the center of the intersection, Respectfully submitted, A. A. RIIOMBERG, City Manager, Councilman Murphy moved that the recommendation of City Mana- ger Rhomberg be approved. Sec- onded by Councilman Van Duel- man. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton, Nays-None, August 11, 1938. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the session of the City Coun• cil held May 20, 1938, the petition of William F, Hein et al requesting a turn around at the north end of Lawndale was referred to the Council to view the grounds, Fol- lowing this the Council and Mana• ger viewed the grounds. and de- cided on the need for such a turn around because of the narrow width of Lawndale and the fact that it is a dead end street. Since that i have contacted the Voelker Realty Company and they have agreed to grant a temporary ease- ment to they city for such suitable 11th, 1938 177 turn until such time as they put their property to other use, or Lawndale is either extended or con- nected with some other street, I, therefore, recommend that the City avail itself of such temporary easement and proceed to construct a suitable turn around at the north end of the present improved part of Lawndale. Respectfully submitted, A. A. RHOMBERG, City Manager, Councilman Wharton moved that the recommendaton of City Mana- ger Rhomberg be approved. Sec- onded by Councilman Van Duel- man, Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None, August 11, 1938. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the session of the City Coun- cil held August 1, 1938, the appli- cation of Clarence J. Lange for a Class "B" Beer Permit at 574 East 16th Street was referred to me for an investigation as to sanitary and other conditions, On August 4th I went over the situation with Dominick Gala, the owner of the property, and be agreed to put in a septic tank for the disposal of the sanitary sew- age. The tank has since been built and was connected to the building on August 10th. The building was formerly occupied by the tavern of Edward J. Duccini and is in the same general condition, with the exception of the septic tank, as when he operated there, before moving to another location. Respectfully submitted, A, A, RHOMBERG, City Manager, Counciman Murphy moved that the communication of City Mana- ger Rhomberg be made a matter of record. Seconded by Council- man Thompson. Carried by the fol• lowing vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Resolution No. 76-38 Whereas, the Planning and Zon- ing Commission of the City of• Du- buque has recommended to this Council that the Zoning Ordinance be amended and changed in the following respects: Section 1. By amending Section 1 of Article IV of said Zoning Ordi- ~1 ~' J a _~, 178 Special Session, August 11th, 1938 nonce relating to use regulations of multiple Residence Districts as follows; (a) By striking from paragraph (i) of said Section 1 all of said paragraph and' inserting in lieu thereof the following: "(i) Funeral Home and Mortuary within the following designated Multiple Family Districts in the arEa bounded by the north proper- ty line of Dodge Street and the north property line of the north side of Seventeenth and West Sev euteenth Streets, and by the west property line of the west side of Bluff Street and the east property line of the lots adjacent to and abutting- the easterly side of Cen- tral Avenue." (b) By adding to said' Section 1, paragraph (j) as follows: "(j) Accessory uses on the same lot customarily incident to any of the above permitted uses." Section 2, By amending Section 1 of Article V of said Zoning Ordi• nonce, relating to use regulations of Local Business Districts as fol- lows: (a) By striking from said Sec- tion 1 all of paragraph (g) as fol- lows: "(g) Funeral Home or Mortu- ary." (b) By changing the designation of paragraph (b) of said Section 1 to read paragraph "(g)" and the designation of paragraph (i) of said Section to read paragraph "(h)", and Whereas, before said Zoning Or- dinance and regulations thereof can be thus amended and changs~d it is necessary that a public hearing be held thereon: Now, therefore, Be' it resolved by the City Coun- cil of the City of DubuquE, that the Clerk be, and he is hereby di- rected to cause to be published •in the offilcial newspaper of the City of Dubuque, a notice of a public hearing to be held by this council upon the proposed changes and modiftcations, the date of said meeting being hereby fixed at 7:30 o'clock P. M. on the 30th day of August,. 1938, and' to be held in the Council Chamber in the City Hall, at which meeting all parties in interest and citizens shall have an opportunity to be heard, said notice to be published at least 15 days before the date of said pub- lic hearing, Passed, adopted and approved this 11th day of August, 1938, CARL A, CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F. W. THCMPSCN, 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-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton, Nays-None. Resolution No, 69-38 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 premises to be occupied by such applicant shall be forthwith inspected, CLASS "B" PERMIT Clarence J, Lange (new), 574 East 16th Street, Passed, adopted and approved this 11th day of August, 1938, CARL A, CLARK, Mayor. FRANK VAN DUELMAN, GEO, R. MURPHY, F. W. THCMPSCN, 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. Nays-Councilman Wharton. Resolution No, 77-38 Whereas, application for Class "B" Beer Permit has been sub- mitted to this Council far 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 bo occupied by such applicant shall be forthwith inspected. CLASS °B" PERMIT Wm. J, Clesen (new), 1097 Jack- son Street, Special Session, August 11th, 1938 179 Passed, adopted and approved this 11th day of August, 1938. CARL A. CI,e1F K, Mayor. FRANK VAN DUELMAN, GEO. R. MURPHY, F. W. THOMPSCN, 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. Nays--Councilman Wharton, Resolution No. 78-38 Whereas, heretofore applications were filed by the within named applicants for "B" Beer Permits and they received the approval of this Council; and Whereas, the premises to be oc- cupied by them have been inspect- ed and found to comply with the ordinances of this City and they have filed a proper band: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the Manager be and he is hereby directed to issue to the following named persons a Beer Permit. CLASS "B" PERIIIIT Clarence J. Lange (new), 574 East 16th Street. Wm, J, Clesen (new), 1097 Jack- son Street. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this llttt day of August, 1935. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, GEO. R. MURPHY, F. W, THCMPSON, 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-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman. Nays-Councilman Wharton, Resolution No. 79-38 Whereas, applications for Class "B" Beer Permits have been sub• witted to this Council far approval and the same have been examined: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the following applications be and the same are hereby approved and it is ordered that the premises to be occupied by such applicants shall be forthwith inspected. CLASS "B" PERMIT John A, Hochberger (renewal), 1701 Asbury Street, Wm. Tharp (renewal), 2403 Cen- tral Avenue. Wm. C. Miller (renewal), 35 West 4th Street. Vern Okey (transfer of address from 431 Rhomberg), 500 East 22nd Street. George Berwick (transfer of ad- dress from 265 Main), 400 Iowa Street, Passed, adopted and approved this 11th day of August, 1938. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTCN, GEO. R. MURPHY, F, W. TI30MPSCN, 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-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Resolution No, 80-36 Whereas, heretofore applications were filed by the within named applicants for "B" 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 m'dinances of this City and they have filed a proper bond: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the Manager be and ho is hereby directed to issue to the following named persons a Beer Permit, CLASS "B" PERMIT Jahn A, Hochberger (renewal), 1701 Asbury Street. Wm. Tharp (renewal), 2403 Cen- tral Avenue, Wm, C. Miller (renewal), 35 West 4th Street, George Berwick (transfer of address from 265 Main), 400 Iowa Street. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. ~_ _~ -~~ _~ _.r :~ 180 Special Session, August 11th, 1938 Passed, adopted and approved this 11th day of August, 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. Sec- onded by Councilman Van Duel- man. Carried by the following vote: Yeas-114ayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None, Ordinance No, 19-38 An Ordinance amending au ordi- nance entitled Ordinance No. 9-36• "An Ordinance providing for the issuance of Class "B" and Class "C" Beer Permits, and for the revo- cation of the same; fixing permit fees; prescribing rules and regula- tions governing the operation of places where beer is sold and con- sumed pursuant to suck permits; restricting dancing and providing a license therefor; repealing all ordi- nances heretofore enacted govern- ing this subject; providing a pen- alty far violation hereof; and de• olaring an emergency," by the in- sertion in, and addition to, the title of said ordinance of a phrase or clause providing for and covering the limitation of Class "B" permits to be issued; and by the insertion in and addition to said ordinance of Paragraph 493A, providing for a limitation upon the issuance of Class "B" permits, presented and read, Councilman Van Duelman moved that the reading just had be con- sidered the first reading of the ordinance. Seconded by Council- man Wharton. Carried by the fol- lowing 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 oa 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 i4lurphy, Thompson, Van Duelman, Wharton. Nays-None, Ordinance No. 20-38 An ordinance granting to Clifton B, Trewin, fee owner, and Ellis Tindell purchaser of contract, their heirs and assigns, the right to construct and maintain a porch and steps in the alley in the rear of Lot Twenty-five (25) of G. W. Rogers Subdivision to the City of Dubuque, Iowa; and prescribing the conditions of said permit, pre- sented and read~ Councilman Van Duelman moved that the reading just had be con- sidered the first reading of the ordinance. Seconded by Council- man Thompson. Carried by the fallowing vote: Yeas---iVloyor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Councilman Van Duelman moved that the rules be suspended requir- ing an ordinance to be read on three separate days. Seconded by Councilman Wharton, Carried 'by the fallowing vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, 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- anan Wharton. Carried by the fol- lowing vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton, Nays-None, Ordinance No. 21-38 An ordinance granting to Kath- erine WBradley, owner, and An- drew D. Karigan, lessee, their heirs or assigns, the right to construct and maintain an unloading plat- form in the alley abutting City Lot Twenty-five (25) in the town (now city) of Dubuque, Iowa; and pre- scribing the conditions of said per- mit, presented and read. Councilman Van Duelman moved that the reading just had be con- sidered the first reading of the ordinance. Seconded by Council- man Thompson. Carried by the following vote: Special Session, August 18th, 1938 181 Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Councilman Van Duelman moved that the rules be suspended requir- ing an ordinance to be read on three separate days, Seconded by Councilman Wharton. Carried by the following vote: Yetis-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 Wharton- Carried by the fol- lowing vote: Yeas-Mayor Clark, Councilmen Murphy. Thompson, Van Duleman, Wharton, Nays-None, Councilman Murphy moved that the bill of Iowa League of Munici- polities iu the amount of $SO.DO for membership dues in said League from August 1st, 1938, to August 1st, 1939, be allowed and that a warrant in the amount of $80.00 be ordered drawn on the City Treasurer in favor of Iowa League of Municipalities to cover the amount of said bill. 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 Thompson moved to adjourn, Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. J. J. SHEA, City Clerk. Approved ..................................1938. Adopted ....................................1938 Councilmen : 1 ...................................... Attest: ... }.......~ ............................... City Clerk. CI~y COUIICII (Otficial) Special Session, August 18th, 1938. Council met at 8:05 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 Clarh read the call and stated that service thereof had been duly made ands that the meet- ing is called for the purpose of considering for final passage and adoption Resolution No. 56-38. "Resolution to authorize the issue of $55,000 Funding Bonds of the City of Dubuque," said resolution having been introduced and order- ed placed on file in the office of the City Clerk far public inspection as required by law on August 11th, 1938, and acting on any other busi- ness as may properly came before a regular meeting of the City Coun- cil, Dubuque,, Iowa, August 17th, 1938. To Carl A, Clark, Mayor. You are hereby directed to call a Special Meeting of the City Coun- cil of the City of Dubuque, Iowa, to be held at the Council Chamber in the City Hall on Thursday, Aug- ust 18th, 1938, at 7:30 P. M. for the purpose of considering for final passage and adoption Resolution No. 50-38. "Resolution to auth• orize the issue of $55,Og0 Funding Bonds of the City of Dubuque," said resolution having been introduced and ordered placed on file in the ofilce of the City Clerk for public inspection as required by law on August 11th, 1938, and acting on any other business as may pro- perly come before a reguuar meet- ing of the City Council. FRANK VAN DUELMAN, ALBERT WHARTON, Councilmen. Resolution No. 66-38 Resolution to authorize the is- sue of $55,000 Funding Bonds of the City of Dubuque. Whereas, the City of Dubuque,. in the County of Dubuque, and State of Iowa, has outstanding legal, binding and subsisting in- debtedneres to au amount of not less than $55,000 evidenced by a judgment rendered against the said City in all respects duly, properly and legally issued py the proper court and now outstanding; and Whereas, there are no funds with which to pay said indebtedness to 182 Special Session, August 18th, 1938 ~ Special Session, August 18th, 1938 183 an amount of not less than $55,000; and Whereas, it is deemed for the beat interests of said city that the indebtedness thereof, evidenced by said judgment aforesaid, in the amount of not less than $55,000 be settled, adjusted, renewed, extend- ed and funded, and that Funding Bonds of said city be issued there- for; and Whereas, notice of the proposed ~' action of this Council to institute proceedings for the issuance of the bonds hereinafter authorized was duly published on the 1st day of July, 1938, in the Telegraph-Herald, a newspaper of general circulation within said city, as required by Sec- tion 363, Chapter 23, Code of Iowa, and on the 12th day of July, 1938, a petition signed by more than five taxpayers of said city was filed ob- jecting to such proposed action; and Whereas, pursuant to lawti a hear- ing was conducted by the State Comptroller to hear evidence for and against the issuance of said bonds, and said State Comptroller has now found that said bonds are being issued according to law and overruled the objection to the issu- ance of said bonds; Now therefore, Be it resolved by the City Coun- cil of the City of DubuquE, in the County of Dubuque, State of Iowa, as follows: Section 1. That for the purpose of settling, adjusting, renewing, ex- tending and funding said legal, binding and subsisting indebted- ness of said city now outstanding and evidenced by a judgment ren- dered against said city to an amount of not less than $55,000, there are hereby authorized and ordered issued the negotiable cou- pon bonds of said City of Dubuque, in the County of Dubuque, State of Iowa, to the amount of $55,000. Section 2. That the bonds here- by authorized and ordered issued be denominated "Funding Bonds," be dated June 10, 1938, be num- bered consecutively from One (1) to Fifty-Five (55), both numbers included, be of the denomination of $1000 each, and became due and payable in their numerical order as follows: $20,000 on June 1, 1942; $10,000 on June 1, 1945; $10,000 on JuuE 1, 1946; $15,000 on June 1,1947. That such bonds bear interest at the rate of three and one-quarter per centum (3?4%) Per annum, pay able semi-annually on the first day of June and December of each year and at maturity. That the inter- est be evidenced by proper coupons attached to each of said bands and that both principal and interest be payable at the office oY the City Treasurer in and of the City of Dubuque, Iowa• Section 3. That each of said bonds be subject to registration as to principal in the name of the holder on the books of the City Treasurer, such registration being noted upon each bond so registered, and after such registration, pay- ment of the principal thereof shall be made only to the registered holder. Any bonds so registered, upon the request in writing of ouch holder, personally or by attorney in Yact, may be transferred either to a designated transferee or to bear- er, and the principal of any bonds so transferred and registered to bearer shall thereupon be ands be• come payable to bearer in like man- ner as if guch bond had never been reg[stered. Registration of auy bonds as to principal shall not re• strain the negotiability of the cou• pons hereto attached by delivery merely. Section 4. That said bonds, cou• pans and provisions. for registra- tion shall be in substantially the following Yorm: (Form of Bond) UNITED STATES OF AMERICA STATE OF IOWA,, COUNTY OF DUBUQUE CITY OF DUBUQUE FUNDING BOND No ..................... $1000 The City of Dubuque, in the County of Dubuque, and State of Iowa, for value received promises to pay to bearer, or if this band be registered to the registered hold- er hereof, One Thousand Dollars ($1,000.00) lawful money of the United States of America, on, the fit•st day of June, 19......, with in- terest on said sum from the datE hereof until paid at the rate of three and one•quarter per centum per annum, payable semi-annually on the first day of JunE and De- cember of each year, on presenta- tion and surrender of the interest coupons hereto attached. Both principal and interest payable at the office of the City Treasurer in and foT the City of Dubuque, Icwa; and for the prompt payment of this bond, both principal and interest at maturity, the full faith, credit and resources of said city are here- by irrevocably pledged. This hand is issued by the City of Dubuque for the purpose of funds ing a like amount of legal, bind- ing and subsisting ,indebtedness, evidenced by a judgment in all respects duly, legally and properly issued and outstanding at the date of the passage of the resolution hereinafter mentionEd, pursuant to the provisions of Sections 6262 et seq., Chapter 320 of the Code of Iowa, and in conformity with a res- olution of the Council of said city duly passed on the ........................day of July, 1938. And it is hereby cErtified and re- cited: That all the acts, conditions and things required by the laws and constitution of the State of Iowa, to be done precedent to and in the issue of this bond, have beEn properly done,, happened and been performed in regular and due form as required by law, and that the total indebtedness of said city, in- cluding this bond, does not ex- ceed the constitutional or statutory limitations, This band is subject to registra- tion as to principal in the name of the holder on the books. of the City Treasurer of said city, such registration to be evidenced by no• tction of said Treasurer on the baclr hereof, and after such regia• tration, no transfer hereof, except upon such books and similarly not- ed~ hereon, shall be valid unless the last registration shall have been to bearer, Registration here- of shall not affect the negotiability of the coupons hereto attached, which shall continue negotiable by delivery merely. In Testimony Whereof, said city, by its Council, has caused this bond to be signed by its Mayor and at- tested by its City Clerk, with the seal of said 'city affixed and the coupons hereto attached to be exe- cuted with the facsimile signature of said Mayor and City Clerk, which officials, by the execution of this bond, do adopt as and for their proper signatures their- respective facsimile signatures appearing on said coupons, all as of tenth day June, 1938. ........................................................ Mayor of the City of Dubuque, Ia. Attest :.................................................... City Clerk of Dubuque, Ia. (Form of Coupon) DUBUQUE, IOWA No ................. ............... On the first day of ......................... 19......, the Treasm•er of the City of Dubuque, Dubuque County, Iowa, will pay to bearer .................................. Dollars at the office of the City Treasurer, Dubuque, Iowa, for in- terest due that datE on its Funding Bond, dated June 10, 1938, No, ..................... ........................................................ Mayor of the City of Dubuque, Ia. Attest :.................................................... City Clerk of Dubuque, Ia. (Form of Registration of Ownership) Name of Date of Registered Signature Registration Owner of Treasurer On the back of each bond there shall be Entered a certificate of the City Treasurer in the following form: (Form of City Treasurer's Certificate) City Treasurer's Certificate The issue of this bond has been duly and properly registered in my office as of the tenth day of June, 1938. ....................................................... Treas. of the City of Dubuque, Ia. Section 5. That such bonds shall be signed by the Mayor and attest- ed by the City Clerk, with the seal of said city affixed. The interest coupons attached thereto shall be signed and attested' by the facsim- ile signatures of the Mayor and City Cberlt, After being executed as above provided, said bonds shall be delivered tc the Treasurer of said city to bE by him registered as provided by Section 6256, Code of Iowa, and said Treasurer shall sign the certificate hereinbefore set out and endorsed upon the back of Each of said bonds and he shall thereupon deliver said bonds to the White•Phillips Corporation, of Dav- enport, Iowa, in exchange for said judgment, and simultaneously with the delivery of said bonds,. said out- standing judgment,. herein proposed to be funded, shall be cancelled, the intention being to change but not to increase the indebtednESS of said city. Section 6. That in order to pro- vide for the collection of a direct annual tax sufficient to pay the in• terest on such bonds as it falls due, and also to pay and discharge the principal thereof at maturity, there be and there is hereby levied upon all the taxablE property with- in said city, in each year while any oP said bonds are outstanding, a direct annual tax sufficient for that purpose, and that there be and there is hereby levied upon all tax- ab1E property within said city a tax sufficient to raise the following sums for the fallowing years, to- wit: For the year 1938 the sum of $2,636.57 for interest; For the year 1939 the sum of $1,787.50 for interest; For the year 1940 the sum of $1,787.50 for interest; For the year 1941 the sum of 184 Special Session, $21,462.50 for interest and princi• pal; For the year 1942 the sum oY $1,137,50 for interest; For the year 1943 the sum of $1,137.50 for interest; For the year 1944 the sum of $10,975.00 far interest and princi- pal; For the year 1946 the sum of $10,650.00 for interest and princi• pal; For the year 1940 the sum of $15,243.75 for interest and princi- pal. Said taxes when collected shall be convEt•ted into a special fund for the payment of principal and interest of the bonds hereby auth- orized and far no other purpose whatsoever. That the principal or interest coming due at any time when there are not sufficient funds on hand to pay the same be promptly paid !, when due from current funds on ', hand, and reimbursement be made to such current funds in the sums thus advanced when the taxes here• in provided shall have been col- lected. Section 7. That a certified copy of this resolution be filed with the County Auditor of Dubuque Ccun- ty, Iowa, and that said Auditor be and he is hereby instructed in and for each of the years 1938 to 1946 inclusive to enter for collection and assess the tax hereby authorized. Section 8. That all resolutions or parts of resolutions in conflict herewith be and the same are here- by repealed Introduced August 11th, 1938. Passed, adopted and approved August 18th, 1938. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, 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 Wharton. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman; Wharton. Nays-None, Bond of Louis Francis Fautsch, Police Judge, in the amount of $1,000.00, presented far approval, Councilman Murphy moved that the Bond be approved and placed on file. Seconded by Councilman Thompson. Carried Eby the follow- ing vote: st 18th, 1938 Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Communication of International Brotherhood of Electrical Workers extending thanks to the City Coun- cil for the cooperation extended to them during the Beckman-eery ShoSVS, presented and read. Councilman Thompson moved to receive and file the communica- tion, Seconded by Councilman Van Duelman. Carried by the fol- lowing vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Communication of Kretschmer Insurance Agency requesting that the attached blank Certificate of Audit covering the Bond of former City Manager R. M. Evans be com- pleted by the proper party, pre- sented and read. Councilmati Thompson moved that the request be granted and the 14fayor authorized to execute said Certificate of Audit. Seconded by Councilman Murphy. Carried by the fallowing vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Petition of St, Peters' M. E. Church requesting permission for the holding of a tag day on the streets of the City of Dubuque on Saturday, August 27th, 1938, pre- sented and read. Councilman Van Duelman moved that the request be granted, Sec• onded by Councilman Wharton, Carried by the following vote: Yeas-Mayor Clark, Councilmen ,Murphy, Thompson, Van Duelman, Wharton.. Nays-None. Petition of The Volunteers of Amierica, b3' Mrs. Emily Anderson, Mgr. Iowa Division, requesting per- mission for the holding of a tag day on Saturday, September 10th, 1938, presented and read. Councilman Van Duelman moved that the request be granted. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Petition of A, G. Voggenthaler et al requesting that Stine Street from the intersection of Viola Street to the alley east of Stafford Ave nue and the alley from Stine Street to Merz Street be put in a passable condition, presented and read. Special Session, August 18th, 1938 18S Councilman Van Duelman moved to refer the petition to the City Council to view the grounds, Sec- onded by Councilman Murphy, Car- ried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, W hartan, Nays-None, Councilman Wharton moved that the rules be suspended for the pur- pose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council, Seconded by Councilman iMurphy, Carried by the following vote: Yeas--Mayor Clark, Councilmen 'Murphy, Thompson, Van Duelman, Wharton, Nays-None. Resolution No, 81-38 Whereas, applications for Class "B" Beer Permit for Private Clubs .have been submitted to this Coun- cil far approval and the same have been examined: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the following applications be and the same are hereby approved and it is ordered that the premises to be occupied by such applicants shall be forthwith inspected. CLASS "B" PERMIT FOR PRIVATE CLUB Dubuque Musicians' Club (new), 36 West Fourth Street. Knights of Columbus (new), 781 Locust Street. Passed, adapted and approved this 18th day of August, 1938, CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHAR'1`ON, GEO. R. MURPHY, F, W, THOMPSON, Councilmen, A#test: J, J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution, Sec- onded Eby Councilman Murphy, Car• rigid by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton, Nays-None. Resolution No, 82-38 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 fol- ]ott~ing 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" PN7RMIT John J. Rettenmaier (new), 1100 Lincoln Avenue. Carl McDermott (new), 265 Main Street. Milo Barrett (new), 241 Main, Street. Passed, adopted and approved this 18th day of August, 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 Thompson, Car• tied by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman; Wharton. Nays-None, Resolution No, 83-38 Whereas, heretofm•e applications were filed by the within named applicants for Class "B" Beer Per- mits and they received the ap• proval 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 bond; Naw, Therefore, Be It Resolved by the Council of the City of Dubuque that the Manager be and he is hereby directed to issue to the following named persons a Beer Permit, CLASS "B" PERMIT FOR PRIVATE CLUB Dubuque Musicians' Club (new), 30 West Fourth Street. Knights of Columbus (new), 781 Locust Street. CLASS "B" PERMIT John J, Rettenmaier (new), 1100 Lincoln Avenue. Carl McDermott (new), 266 Main Street. Milo Barrett (new), 241 Main Street. Phillip Miha]akis (new), 469 Main Street. Emil Leiser (new), 1200 Iowa Street. Vern Okey (transfer of address from 431 Rhomberg), 500 East 22nd Street. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. 186 Special Session, August 18th, 1938 Passed, adopted and approved this 18th day of August, 1938. CARL A, CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CEO, R. MURPHY, F, W, TTiOMPSON, Councilmen, Attest: J. J. SHEA, 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. Ordinance No, 19-38 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 re- vocation of the same; fixing permit fees; prescribing rules and regula- tions governing the operation of places where beer is sold and con- sumed pursuant to such permits; restricting dancing and providing a license therefor; repealing all ordinances heretofore enacted gov- erning this subject; providing •a penalty for violation hereof; and declaring an emergency;' by the insertion in, and addition to, the title of said Ordinance of a phrase or clause providing for and cov- ering the limitation of Class "B" permits to be issued; and by the insertion in and addition to said irdinance of Paragraph 493A, pro- viding for a limitation upon the issuance of Class "B" permits, said ordinance having been passed upon first and second readings on Aug- a]st 11th, 1938, presented and read a third time, ORDINANCE N0, 138 An Ordinance amending an ordi- nance entitled Ordinance No. 3-35. "An ordinance Providing' for the is- suance of Class 'B" and Class "C" Beer Permits, and for the revocation of the same; fixing permit fees; Pre- scribing rules and regulations gov- erning the operation of places where beer is sold and consumed pursuant to such permits; restricting dancing and providing a license therefor; re- pealing al] ordinances heretofore en- acted governing this subject; pro- viding apenalty for violation hereof; and dec]aritig an emergency.", by the insertion in, and addition to, the title of said Ordinance of a phrase or clause providing for and cover- ing the ]imitation of Class "B" per- mits to be issued; and by the inser- tion in and addition to said Ordinance of Paragraph 493A, providing for a ]imitation upon the issuance of Class "B" permits. Be it ordained by the City Council of the City of Dubuque: That the title of an ordinance of the City of Dubuque, entitled: , "Ordinance No. 9-35. An ordi- nance providing for the issuance of Class "B" and Class "C" Beer Per- mits 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 per- mits; restricting dancing and provid- ing alicense therefor; repealing al] ordinances heretofore enacted govern- ing this subject; providing a penalty for violation hereof; and declaring an emergency,", be, and the same is hereby amended as follows: 1. By inserting in the title of said ordinance after the word "same" and before the word "fixing" in line three thereof, the words "limiting the num- ber of Class "B" permits to be is- sued;" 2. By adding to and inserting in said ordinance, after and following paragraph 493, paragraph 493A as fol- lows: "Paragraph 493A -Limitation of Class "B" Permits, Section 1. That from and after the adoption of this ordinance, and the effective date thereof, the number of Class "B" permits issued shall, un- der the provisions of paragraph 493 of said ordinance, be limited to one Class "B" permit for each five hun- dred population, or fractional part thereof, of the City of Dubuque uP to twenty-five hundred, and one addi- tional permit for each seven hundred fifty population, or fractional part thereof, of said city, over and above twenty-five hundred; provided, how- ever, that such limitation, as herein provided, shall not operate to revoke or cancel any Class 'B" permit then in farce and effect at the time of adoption and effective date of this ordinance. Section 2. That the number of Class "B" permits, as hereinabove provided in Section 1, hereof, shall be without prejudioe to the right of any owner or holder of a Class "B" permit, in force and effect at the time of the adoption and effective date of this ordinance to continue in busi- ness and to be issued subsequent re- newals of said permit upon the ex- piration of his existing permit, in force and effect; and without preju- dice to the right to the transfer of said permit as provided in said ordi- nance, if any such permit holder `vould otherwise be entitled to be granted a renewal or transfer of said permit but for such limitation. Section 3: This ordinance shall be in farce and effect ten (10) days from and after its final passage, adoption and approval by the City Council, and publication as provided by law." Passed upon first and second read- ings this 11th day of August, 1938. Passed, adopted and approved upon final reading this 18th day of August, 1938. CARL A, CLARK, Mayor. FRANI{ VAN DUELMAN, ALBERT WHARTON, GEO. R, MURPHY, F. W. THOMPSON, Councilmen. Attest; J. J. SHEA, City Clerk, cial Session, August 18th, 1938 187 Published officially in The Tele- graph-Herald newspaper on the 19th day oP August, 1938. J. J. SHEA, 8-19-1t City Clerk. Councilman Van Duelman moved the adoption of the ordinance. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton, Nays-None, Ordinance No. 20-38 An Ordinance granting to Clif- ton B. Trewin, fee owner, and Ellis Tindell, purchaser of contract, their heirs and assigns, the right to construct and maintain a porch and steps in the alley in the rear of Lot Twenty-five of G. W. Rogers Subdivision to the City of Dubuque, Iowa; and prescribing the condi- tions of said permit, said ordinance having been passed upon first and second readings on August 11th, 1938, presented and read a third titre. ORDINANCE N0. 20.38, An ordinance granting to Clifton B. Trewin, fee owner, and Ellis Tin- dell, purchaser of contract, their heirs and assigns, the right to construct and maintain a porch and steps in the alley in the rear of Lot Twenty-five of G. W. Rogers subdivision to the City of Dubuque, Iowa; and pre- scribing the conditions of said per- mit. Be it ordained by the City Council of the City of Dubuque: Paragraph 702, Section 1. That Clifton B. Trewin, fee owner, and Ellis Tindell, purchaser under contract, their heirs and assigns be, and they are, hereby granted the right and authority to construct and maintain a porch and steps in the alley abutting Lot Twenty-five (25) of G. W. Rogers, subdivision of the City of Dubuque, Iowa, said porch and steps to extend into said alley for 2 distance of not more than three (3) feet, the same to be used in connec- tion with the use of the residence upon said lot by said purchaser under contract, EIIIs Tindell, said structure to be built under the supervision of the Building Commissioner of the City of Dubuque, Iowa, Paragraph 703, Section 2. It is understood and provided that such right, license and permission to use ouch alley is subject to the con- tinuous control of the City Council of the City of Dubuque, reserving the right to impose such restrictions or conditions upon the enjoyment there- of as may be reasonably necessary far the protection of the Public inter- ests, including the right to revoke and rescind such permission, if at any time the public interests should require such revocation. If, and when such permit, right or license is revoked by said City Council, said owner in fee and purchaser under contract, their heirs and assigns shall remove such porch and steps at their own expense, and restore such part of the alley as has beep theretofore occupied to the same condition it was in prior to the construction of such parch and steps., Paragraph 704, Section 3. This ordinance shall be in farce and effect ten (10) days from and after its final passage, adoption and ap- proval by the City Council, and pub- lication asprovided by law, and the rights hereunder which accrue to the said Clifton B. Trewin, owner in fee and Ellie Tindell, purchaser under contract, their heirs or assigns, when the provisions hereof have been ac- cepted by them. Passed upon first and second read- ings this 11th day of August, 1938, Passed, adopted and approved this ]8th day of August, 1938, CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. ACCEPTANCE BY OWNER Clifton B. Trewin, as owner in tee of Lot Twenty-five (25) of G. W. Rogers subdivision oY the City of Dubuque, Iowa, does hereby accept the terms, provisions and conditions of the ordinance adopted by the City Council of the City of Dubuque, des- ignated as: "Ordinance No. 20-38. An ordinance granting to Clifton B. Tre- win, fee owner, and Ellis Tindell, purchaser of contract, their heirs and assigns, the right to construct and maintain a porch and steps in the alley in the rear of Lot Twenty-five (25) of G. W. Rogers subdivision to the City of Dubuque, Iowa; and pre- scribing the conditions of said per- mit", this 22nd day of August, 1938. CLIFTON B. TREWIN, Owner in fee. ACCEPTANCE BY PURCHASER Ellis Tindell, purchaser of contract, of the premises described as city lot twenty-five (25) of G. W, Rogers sub- division to the City of Dubuque, Iowa, does hereby accept tli~e terms and provisions and conditions•of the or- dinance adopted by the City Council of the City of Dubuque, Iowa, des- ignated as: "Ordinance No. 20-38, An ordinance granting to Clifton B. Tre- win, fee owner, and Ellis Tindell, purchaser of contract, their heirs and assigns, the right to construct and maintain a porch and steps in the alley in the rear of Lot Twenty- five (25) of G. W. Rogers subdivision to the City of Dubuque, Iowa; and prescribing the conditions of said per- mit," this 24th day of August, 1938. ELLIS TINDELL, Purchaser of Contract. Published officially in the Tele- graph-Herald newspaper on the 25th day of August, 1938. J. J. SH)A, 8-25-1t City Cler]c. Councilman Van Duelman moved the adoption of the ordinance, Sec- onded by Councilman Wharton. Carried 'by the following vote: Yeas-Mayor Clarlc, Councilmen 11Inrphy, Thompson, Van Duelman, Wharton. Nays--None. Ordinance No. 21-38 An Ordinance granting to Kath- erine W. Bradley, owner, and An- drew D. Karigan,lessee,their heirs or assigns, the right to construct and maintain an unloading plat- form in the alley abutting City Lot Tlventyfive (25) in the town .(now city) of Dubuque, Iowa; and pre- scribing the conditions of said per, 188 Special Session, Attgust 18th, 1938 mit, said ordinance having been passed upon first and second read- ings on August 11th, 1938, present- ed and read a third time. ORDINANCE NO. 21.38. An ordinance granting to Katherine W. Bradley, owner, and Andrew D. Karigan, lessee, their heirs or assigns, the right to construct and maintain an unloading platform in the alley abut- ting city ]at twenty-five (25) in the town (now city) of Dubuque, Iowa; and prescribing the conditions of said permit. Be it ordained by the City Council of the City of Dubuque: Paragraph 705, Section 1. That Katherine W. Bradley, owner, and Andrew D. Karigan, lessee, their heirs or assigns, be, and they are hereby granted the right and author- ity to construct and maintain an un- loading platform in the alley abutting city lot twenty-five (25) in the town (no~v city) of Dubuque, Iowa, such unloading platform to be not more than 3 feet in width and 8 feet in length and 5 feet 6 inches in height, the same to be used in connection with the operation of the business of said lessee, Andrew D. Karigan; said structure to be built under the super- vision of the building commissioner of the City of Dubuque. Paragraph 706, Section 2. It is understood and provided that such right, license and permission to use such alley is subject to the contin- uous control of the City Council of the City of Dubuque, reserving the right to impose such restrictions- ar conditions, upon the enjoyment there- of as may be reasonably necessary far the protection of the public interests, including the right to revoke and rescind such permission, if at any time the public interests should re- quire such revocation. If, and when such permit, right, or license is re- voked by said City Council, said own- er and lessee, their heirs, or assigns shall remove such unloading platform at their own expense, and restore such part of the alley as has been occupied thereto to the same condi- tion it was in prior to the construc- tion of such platform. Paragraph 707, Section 3. This ordinance shall be in farce and effect ten (10) days from and after its final passage, adoption and ap- proval by the City Council, and publi- cation as provided by law, and the rights hereunder which accrue to said Katherine W. Bradley owner, and Andrew D. Karigan, lessee, their heirs and assigns, when the provisions hereof have been accepted by them. Passed upon first and second read- ings this 11th day of August, 1938. Passed, adopted and approved this 18th day of August, 1938. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. ACCEPTANCE BY OWNER Katherine W. Bradley, as owner of city ]at twenty-five (25) in the town (nocv city) of Dubuque, Iowa, does herehy accept the terms, provisions and conditions of the ordinance adopted by the City Council of the City of Dubuque, designated as: "Ordinance No. 21-38. An ordinance granting to Katherine W. Bradley, owner, and Andrew D. Karigan, lessee, their heirs and assigns, the right to construct and maintain an ruiloading platform in the alley abut- ting city lot twenty-five (25) in the town (now city) of Dubuque, Iowa; and prescribing the conditions of such permit," this 22nd day of August, 1938. KATHERINE W. BRADLEY, Owner. ACCEPTANCE BY LESSEE Andrew D. Karigan, lessee, oY the premises described as city lot twenty- rive (25) in the town (now city) of Dubuque, Iowa, does hereby accept the terms and provisions and condi- tions of the ordinance adopted by the City Council of the City of Du- buque, designated as; "Ordinance No. 21-38. An ordin- ance granting to Katherine W. Brad- ley, owner, and Andrew D. Karigan, lessee, their heirs and assigns, the right to construct and maintain. an unloading platform in the alley abut- ting city lot twenty-five (25) in the town (now city) of Dubuque, Iowa; and prescribing the conditions of such permit", this 22nd day of August, 1938. ANDREW D. KARIGAN, Lessee. Published officially in the Tele- graph-Herald newspaper on the 23rd day of August, 1938. J. J. SHEA, 8-23-1t City Clerk. Councilman Van Duelman moved the adoption of the ordinance. Sec• onded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton, Nays-None. August 18, 1938 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen. At .the session of the City Coun- cil held June 30, 1938, the petition of Spahn and Rose Lumber Com- pany requesting permission to erect walls around their area ways on the Washington Street side and also on the Eighth Street side of their building was referred to the 'City Council and Manager to view the grounds, The grounds were so viewed on August 16th. The deci• sion of the council teas that the petition be granted under the fol- lowing conditions: That the area- way on the Washington Street side be raised from the building to the west curb of Washington Street and a suitable ramp built on both the north and south sides of the sidewalk adjacent to the areaway and second that the Spahn and Rose Lumber Company assume any liability for injuries that may occur to persons stumbling or fall- ing over the proposed projections. I recommend that the decision of the City Council be confirmed. Respectfully submitted, A. A. RHCMBERG, City Manager. Councilman Murphy moved that the decision of the City Council be Special Session, August 18th, 1938 189 confirmed and the City Solicitor to be instructed to prepare a pro- per ordinance. Seconded by Coun• Gilman Thompson. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None, August 17, 1938 Honorable Mayor and City Council, Dubuque, Iowa. RE: CLAIM OF MRS. EILEEN ELLWANGER Gentlemen: At the meeting of the City Coun- cil on August 1st, 1938, there was referred to me for investigation and report the claim of Mrs. Eileen Elhvanger in the sum of Forty seven ($47.00) Dollars, for the loss of a wrist watch at the swimming pool on July 14, 1938, which loss claimant alleged was caused by the negligence of the agents and employees of the city in charge of said pool. Please be advised that I have mlade an investigation of this claim and the circumstances surround- ing the same and find no liability on the part of the city. Establish- ment and maintenance of a swim- ming pool by the city constitutes a public or governmental function, and in the operation of the swim- ming pool, employees operating the same are engaged in the perform- ance of such function in exercising igovernmental duties. In view of this fact and in the light of the evidence adduced from the investigation made, I find no liability on the part of the city, and, therefore, recommend that the claim be disallowed, Respectfully submitted, AL. J, NELSON, City Solicitor, Councilman Murphy moved that the recommendation of City Solici- tor Nelson be approved. Seconded by Councilman Van Duelman. Car- ried by the fallowing vote: Yeas-Dlayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. llfr, John McEvoy addressed the Council making inquiry as to what action had been taken on the peti- tion requesting that electric ser- vice be extended to the residents of Maple Island. City Manager Rhomberg advising Mr. McEvoy that he would arrange a meeting with the officials of the Interstate Power Company for Monday morn- ing if said time was agreeable to him for the purpose oP taking up this matter with the officials oP the Interstate Power Company, There being no further business Councilman Murphy moved to ad- journ. Seconded by Councilman ~•Thompson. Carried by the folloly- ing vote; Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. J• J. SHEA, City Clerk. Approved ..................................1938. Adopted ....................................1938. Councilmen : ...................................... Attest :................................................ City Clerk, 190 Special Session, A City Counci! (Official) Special Session, August 23rd, 1938. Council met at 7:30 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 meeting is called for the purpose of adopting a resolution ordering the making of an application for Federal Aid on a P. W. A. Grant for Water Works Improvements and acting on any other business as map proper- ly come before a regular meeting of the- City Council. APPLICATION RESOLUTION Resolution No. 84-38 A resolution authorizing the City Manager of Dubuque, Iowa, to file an application to the U;fted States of America tlu•ough the Federal Emergency Administration of Pub- lic Works for a grant to aid in financing. The construction of Improve- ments tc Water System and desig- nating Consoer, Townsend & Quin- lan, Consulting Engineers, 205 W. Wacker Drive, Chicago, Illinois to furnish such information as the Government may request. Bo It Resolved by the City Coun- cil of the City of Dubuque, Iowa; Section 1. That the City Mana• ger, be and he is authorized to execute and file an application on behalf of the City of Dubuque, Iowa, to the United States of Amer- ica for a grant to aid in financing the construction of Improvements to Water Works System. Section 2. That Consoer, Town- send yi Quinlan, Consulting Engin- eers, 205 W. Wacker Drive, Chi• cago, Illinois, are hereby author- ized and directed to furnish such information as the United States of America through the Federal Emergency Administration of Pub- lic Works, may reasonably request in connection with the application which is herein authorized to be filed, t 23rd, 1938 Passed, adopted and approved this 23rd day of August, 1938. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, Ad.BERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON, Councilmen. Attest; J. J• SHEA, City Clerk, Councilman Wharton moved the adoption of the resolution. Second- e9 by Councilman Van Duelman, Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays--None, There being no further busi- ness Councilman Van Duelman moved to adjourn. Seconded by Councilman Murphy, Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. J. J. SHEA, City Clerk. Approved ..................................1938. Adopted .......................-x.........1938. Councilmen: ( ...................................... Attest :................................................ City Clerk, Special Session, August 30th, 1938 191 City Council (Official} Special session, August 30th, 1938. Council met at 7:60 P, M. Present-Mayor Clark, Council- men Murphy, Thompson, Van Duel- man, Wharton, City Manager Rhamberg. Meeting called by order of Coun- cilmen Van Duelman and Wharton. illayor Clark read the call and stated that service thereof had been duly made and that this meet- ing is called for the purpose of holding a public hearing upon a proposal to amend and change the Zoning Ordinance of said City in the following respects: Section 1. By amending Section 1 of Article IV of said Zoning Or- dinance relating to use regulations of Multiple Residence Districts as follows: (a) By striking from Paragraph (i) of said Section 1 all of said paragraph and inserting in lieu thereof the following: "(i) Funei~l Home and Mortuary within the following designated Multiple Family Districts in the area bounded by the north proper- ty line of Dodge Street and the north property line of the north side of Seventeenth and West Seventeenth Streets, and by the west property line of the west side of Bluff Street and the east pro- perty line of the lots adjacent to and abutting the easterly side of Central Avenue." (b) By adding to said Section 1, paragraph (j) as follows; "(j) Accessory uses on the same lot customarily incident to any of the above permitted uses" Section 2. By amending Section 1 of Article V of said Zoning Ordi- nance relating to use regulations of Local Business Districts as fol• laws (a) By striking from said Sec- tion 1 all of paragraph (g) as fol- lows: "(g) Funeral Home or Mort- uary." (b) By changing the designation of paragraph (b) of said Section 1 io read paragraph "(g)" and the designation of paragraph (i) of said Section to read paragraph "(h)". Such other business will be acted upon as may properly came before a regular meeting of the City Council, Proof of publication, certified to by the publishers, of the official notice of a public hearing to be held upon a proposal to amend and change the Zoning Ordinance of said City in the following respects: Section 1. By amending Section 1 of Article IV of said Zoning Or- dinance relating to use regulations of Multiple Residence Districts as follows: (a) By striking from Paragraph (i) of said Section 1 all of said paragraph and inserting in lieu thereof the following: "(i) Funensl Home and Mortuary within the fallowing designated Multiple Family Districts in the area bounded by the north proper- ty line of Dodge Street and the north property line of the north side of Seventeenth and West Seventeenth Streets, and by the west property line of the west side of Bluff Street and the east prc- perty line of-the lots adjacent to and abutting the easterly side of Central Avenue." (h) By adding to said Section 1, paragraph (j) as follows: "(j) Accessory- uses on the same lot customarily incident to any of the above permitted uses." Section 2. By amending Section 1 of Article V of said Zoning Ordi- nance relating to uae regulations of Local Business Districts as fol- lows: (a) By striking from said Sec- tion 1 all of paia,graph (g) as fol- lows: "(;) Funeral Home or Mort- uary:' (b) By changing the designation of paragraph (b) of said Section 1 to read paragraph "(g)" and the designation of paragraph (i) of said Section to read paragraph "(h)", presented and read. Councilman Murphy moved that the proof of publication be receiv- ed and filed. Seconded by Coun- cilman Wharton. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None, Councilman Wharton 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. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas-Mayor Clark, Councilmen ~~Iurphy, Thompson, Van Duelman, Wharton. Nays-None. Mr. F. A. O'Connor, Attorney, addressed the Council and present- ed and read the petition request- ing the City Council to disapprove 192 Special Session, August 30th, 1938 said amendment to the Zoning Ordinance as proposed and assert that the establishment of any mort- uary or undertaking parlors should be within the limits and districts in which they are now maintained, Mr. H. J. I3offmann, Attorney, addressed the Council requesting that the City Council back up the recommendation of the Planning and Zoning Commission to amend Section 1 of Article IV of the Zon- ing Ordinance. Councilman Wharton moved that the petition requesting the City Council to disapprove said amend- ment to tha Zoning Ordinance as proposed and assert that the estab- lishment of any mortuary or under- taking parlors should be within the limits and districts in which they are maintained ba received and filed. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Ordinance No. 22 38 An Ordinance amending Ordi- nance No. 3-34, Zoning Ordinance of the City of Dubuque, Iowa, and changing the 7.oning Map of the City of Dubuque as provided for by said Ordinance 3-34, desig- nated as, "Zoning Ordinance of the City of Dubuque, Iowa", by amend- ing Section 1, TJse Regulations of Article IV of said Ordinance No. 3-34, multiple residence district, by adding thereto an additional paragraph prescribing an addition- al purpose for which buildings within a certain prescribed area, in said multiple residence district, .may be used and declaring an emergency, presented and read. Councilman Van Duelman moved that the reading just had be con- sidered the first reading of the ordinance. Seconded by Council- prran Murphy. Carried by the fol- lowing 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, Tho 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. Nay s-None. Communication of The Interna- tional City Managers' Association extending an invitation to the City Council and City Manager to at- tend the Annual Conference of the City Manager's Association to 'be (held in Boston on September 2G to 29, inclusive, presented and read. Councilman Murphy moved to refer the communication to the City Council for further considera- tion. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Communication of Iowa Associa- tion of Chiefs of Police extending invitation to attend the Annual Convention of the Iowa Associa- tion of Chiefs of Police to be held in Council Bluffs, Iowa, on Septem- ber 20th, 21st, and 22nd, 1938, pre- sented and read. Councilman Thompson moved that the Chief of Police be author- ized to attend the Iowa Association of Chiefs of Police Convention to be held in Council Bluffs, Iowa, Seconded by Councilman Murphy, Carried by the following vote; Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Communication of A. H. Smith, Chairman Safety Committee, of both the Interstate Power Com- pany and Kiwanis Service Club submitting the following sugges- tions; Locate stop sign on both sides of Seminary Street at the intersection of Madison Street giv- ing right of way to vehicles coming up Madison Street; also paint "Stop" in large letters on pave~ menC at all intersections where stop signs are located at the curb; Locate stop and go light at the intersection of Fourteehth and Main Streets, presented and read. Councilman Murphy moved to refer the communication to City Manager Rhomberg for fnvesti~ga- tion and report. Seconded by Coun- cilman Wharton. Carried by the following vote: Yeas-Mayor Clark, Councilmen Special Session, August 30th, 1938 193 Murphy, Thompson, Van Duelman, Wharton. Nays-None. Communication of Lange's In- sm•ance Agency requesting release of the original bond of City Mana- ger Rhomberg covering the period of July 15th, 1937, to July 15th, 1938, and submitting an attached resolution for Council adoption, 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. Resolution No. 91-38 Whereas, Albin A, Rhomberg filed a band in the amount of $5,OOO.OD effective July 15, 1938, as City Manager, that the Continental Casualty Company be relieved of any and all liability on account of lass sustained on or after July 16, 1938, by reason of any default of said Albin A. Rhomberg, on the previous bond executed in the amount of $6,000.00 effective July 15, 1937, covering Mr. Rhomberg as City Manager. Aye FRAiNK VAN DUDLMAN, Aye CARL A. CLARK, Aye ALBERT WHARTON, Aye Gh7O. R. MURPHY, Aye F, W. THOMPSON. I, J. J. Shea, Cleriz of the Conu- cil of the City of Dubuque, Iowa, certify that the above is a correct copy of a resolution passed by the City Council at its special meeting on the 30th day of August, 1938. J, J. SHEA, City Clerk. Councilman Wharton 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. Petition of Dubuque Trades and Labor Congress requesting permis- sion for the holding of a parade on Labor Day and that the streets be cleared of all vehicles from 16th and Blain to 2nd and Locust Street and also extending an invitation to the Mayor and Members of the City Council and City Manager to participate in the parade, present- ed and read. Councilman Murphy moved that the request be granted and that the invitation be accepted. 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 Local Union of United Brotherhood of Catpenters and Joiners requesting that the streets upon which the Labor Day Parade will be held be cleared of all cars one-half hour before the parade, 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 Duelmah, Wharton. Nays-None. Petition of The Galloway Com- pany, Inc., requesting permission to erect a platform on First Street for the holding of a Fall Festival presented and read. Councilman Wharton moved that the request be granted and that the City Manager be directed to instruct The Galloway Company, Inc., to furnish a Public Liability Bond in the amounts of $5,000.00 and $10,000.00 and that the con- struction of said platform be done under the supervision of the Build- ing Commissioner. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None, Petition of Henry A, Scandrett, Walter J. Cummings and George I, Haight, Trustees of the Proper- ty of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company requesting the vacation of the fol- lowing streets and alleys: (a) That part of 19th Street, in Railroad Addition, between Blocks 12, 13, 10 and 17, which blocks extend be- tween Lynn and Marsh Streets; (b) The alleys in Blocks 13 and 14 of said Railroad Addition; (c) That part of Ash Street, in said Railroad Addition, from the south- et•ly line of Blocks 13 and 16, the northerly line of 18th Street, to the south•southerly line of Lot 19 in Black 12 and Lot 6 in Block 17, which southerly line is 150 feet northerly of the northerly line of 19th Street; (d) The alley between ,Lots 7 to 18, inclusive, Block 17 of said Railroad Addition; or the por- tioh of the alley between 19th and 20th Streets not heretofore vacat- ed; (e) That part of Marsh Street, in said Railroad Addition, from the southerly line of Blocks 17 and 21, 194 Special Session, August 30th, 1938 the ncrtherly line of 19th Street, to the southerly line of Blacks 18 and 20, the northerly line of 20th Street; (f) The alley in Block 21 of said Railroad Addition, which block is situated between Marah and Hickory Streets and 19th and 20th Streets; (g) That part of 20th Street, in said Railroad Addition, from the westerly line of Marsh 'Street to the westerly line of Brook Street, which portion of 20th Street is bounded on the west by Blocks 17 and 18 on the east by Blocks 26 and 27; (h) That part of Hickory Street between Blocks 20, 21, 26 and 27, in said Railroad Addition, and Blacks 1, 2, 3 and 4 in Wiltse's Addition or Hickory Street from the northerly line of 19th Street northerly to the end thereof; (i) The alley in Black 27, Railroad Addition, and Block 3 in said Wiltse's Addition, w h i c h blocks extend between Hickory and Brook Streets and 20th and 21st Streets; (j) That part of 21st Street in Wiltse's Addition be- tween the east line of Blocks 1 and 2, the westerly line of Hick- ory Street, and the easterly line of Blocks 3 and 4, the westerly line of Brook Street; (k) The alley in Block 4 in said Wiltse's Addition which alley extends northerly of 21st Street, presented and read. Councilman Thompson moved that the petition be referred to the City Council to view the grounds. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor, Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None, Petition of Wm, R, Oliver et al requesting that Valley Street be repaired and placed in a passable condition, presented and read. Mr. John P, Bockes addressed the Council requesting that the prayer of their petition be granted: Cormcilman Van Duelman moved that City Manager Rhomberg be instructed to put Valley Street in first class shape and that a proper covering be placed on the same. Seconded by Councilman Thomp- son, Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Petition of Louisa Scharff, re- ferred to the City Council by the Board of Supervisors, requesting suspension of the 1937 taxes on Lots 34 and 35 Belmont Addition, presented and read, Councilman Murphy moved to re- fer the petition to the City Solici- tor far investigation and report, Seconded by Councilman Van Duel- man, Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton, Nays--None. Petition of Anthony Kreimer, Pastor of St. Peter & Paul's Church Corp,, Sherrill, Iowa, re- questing the City to extend to them the privilege of fire service, when needed, presented and read, Councilman Murphy moved to re- fer the petition to the City Coun- cil for consideration and that all interested petitioners for said fire service be invited to be present at said informal meeting of the City Council. Seconded by Councilman Thompson. Carried by the follow- ing vote. Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Petition of The Daily Tribune re- questing that they be allotted the business of printing the Gauncil Proceedings in pamphlets and ad- vising the Council that they are in a position to do this work for the same price as the City is now pay- ing, presented and read. Councilman Wharton moved to refer the petition to the City Coun- cil. Seconded by Councilman Van Duelman, Carried 'by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton, Nays=None. Proof of publication, certified to by the publishers, of a statement of receipts and also a list of claims foi• which warrants were drawn during the month of July, 1938, presented and read. Councilman Van Duelman moved that the proof of publication be re- ceived and filed. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton, IQays-None, August 1, 1938. Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Regarding petition of Ann a Strueber et al, the Planning and Zoning Commission begs to recom- Special Session, August 30th, 1938 195 mend to your honorable body the granting of the petition. Respectfully submitted, Planning and. Zoning Commission, By R. V, McKay, Sect, Councilman Murphy moved that the recommendation of the Plaa- ning and Zoning Commission be approved and made a matter of record. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None, Report of the Board of Health 'for the rrnonth of July, 1938, pre- sented. Councilman Van Duelman moved that the repm•t of the Board of kIealth for the month of July, 1938, be received and placed on file. Sec- onded by Councilman Wharton. Carried 'by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Resolution No, 85-38 Whereas, application for Class "E" 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 fol• lowing application be and the same is hereby approved and it is or- dered that the premises to be oc- cupied by such applicant shall be forthwith inspected. CLASS "B" PERMIT Mrs Elsie Recker (Transfer of address from ~i23 West Locust St.), 399 East 20th Street. Passed, adopted and approved this 30th day of August, 1938. CARL A, CLARI{, Mayor, SRANK VAN DUELMAN, 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 Thompson. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Resolution No. 86-38 Whereas, heretofore application was filed by the within named ap- plicant for Class "B" Beer permit and it received the approval of this Council; and, Whereas, the pre~rnises to be oc- cupied by this applicant have been inspected and found to comply with the ordinances of this City and she has filed a proper bond: Nov, 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 following named person a Beer Permit. CLASS "B" PERMIT Mrs. E1siE Recker (Transfer of address from 423 W. Locust Street) 399 East 20th Street. Be it further resolved that the bond filed by such applicant be and the same is hereby approved. Fassed, adopted and approved this 30th day of August, 1938. CARL A, CLARK, Mayor, FRANK VAN DUELMAN, 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 Wharton. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy,. Thompson, Van Duelman, Wharton. Nays-None. August 30, 1938. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen:-At a special meet- ing of the Planning and Zoning Commission, held August 29, 1938, the plans for extensive City Water Department improvements, to be partly financed by means of a P. W. A. grout, were presented for approval. Final action consisted of a unan- imous recommendation to your hon• arable body that you approve this project. Respectfully submitted, R. V. McKay, Secy. PLANNING AND ZONING COMMISSION, Councilman Van Duelman moved that the communication of the Planning and Zoning Commission be made a matter of record. Soo- onded by Councilman Murphy. Car- ried by the fallowing vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. 196 Special Session, August 30th, 1938 Resolution No. 87-38 RESOLITTION OF THE DUBULZUE PLANNING AND ZONING COMMISSION Whereas, the City of Dubuque proposes to construct improve~ menu tc the Water Works System on property now owned by the City, said proposed improvements to consist of: 1. A New Well, 2. A ATew Reservoir, 3. A New Pump. 4. An Addition to Eagle Point Pumping Station Building and Whereas, this same- project was presented to the Planning and Zon- ing Commission of the City of Du• buque, on August 29, 1938, and was approved thereby by the Planning and Zoning Commission as to the general location, the general type of structures, and the condition that adjacent city owned property not used entirely by the Water Plant structures were to be' im- proved, sodded and beautified by the Water Department; Now, there- fore Be it resolved by the Planning and Zoning Commmission of Du• buque•, Iowa, that the proposed plan of improvements to the Water Works System are hereby approved by this Commission. Passed, adopted and approved this 30th day of August, 1938. JOHN M; WOLFS, Chairman, R. V. McKAY, Secretary. Councilman Van Duelman moved that the resolution be made a mat• ter of record. Seconded by Coun- cilman Murphy. Carried. by the following vote: Yeas-Mayor Clark,, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Resolution No. 88-38 RESOLUTIOAT AND APPLICA• TION FOR TEMPORARY TRANSFER OF FUNDS Whereas, the City of Dubuque has established and is maintaining a Sinking Fund for the purpose of providing for the payment of Wat• er Works Bonds, pt•incipal and in- terest, as they respectively mature and there has accumulated in said Fund as of August 30, 1938, the sum of $216,844.43, all of which has been realized from receipts in the operation of such Water Works and not from the levy of any taxes; and Whereas, there are outstanding Water Works bonds in the sum of $209,000.00, the maturities of which are as follows: On April 1stM1 1939 ..............$39,000.00 On April 1st, 1940 .............. 35,000.00 On April 1st, 1941 .............. 40,000.00 On April 1st, 1942 .............. 32000.00 On April 1st, 1943 .............. 35,000.00 On Apt•il 1st, 1944 .............. 28,000.00 and Whereas, there is more than suf• ficient money in said Sinking Fund at this time to pay all bonds, prin- cipal and, interest, up to and in- cluding the bonds lvhich mature iu 1943; and Whereas, there has been execut- ed and filed an application on be- half of the City of Dubuque to the United States of America, for a grant of $67,500.00 to aid in financ- ing the construction of necessary improvements to the Water Works System, at an estimated cost of $150,000.00, and Wlrezeas, such application far a grant of $67,500.00 is conditioned upon the expenditure of $82,500,00 on the part of the City of Du• buque from the Water Works Gen• eral Fund, and Whereas, there is in said Water Works General Fund, as of August 30, 1938, the sum of $44,910.76, which amount is insufficient to fi- nance the 56 per cent of the pro- posed construction of improvement to the Water Worlts System, and also to maintain the Water Works Utility; now therefore, Be it resolved by the City Coun• ci] of the City of Dubuque, that subject to the approval of the State Comptroller, there be and there is hereby temporarily transferred from the Water Works Sinking Fund to the Water Works General Fund the sum of $40,000.00, such sutra to be used only for the pur• pose of Paying' costs of construc- tion of improvements of the Water Works System as are required, to be borne by said city pursuant to rules and regulations of the Feder- al Etnet•gency Administration of Public Works and that the Clerk and Auditor be, and they are here by directed to adjust their books to conform to such transfer, Be it further resolved that, tho sum thus temporarily transferred be returned to the Water Works Sinking Fuud on or before March 31st, 1940, partial payments to be made each month from the t•even• ues of the Water Works General Fund and such revenues are here- by irrevocably pledged for the pur- pose of repaying such temporarily transferred funds. Session, August 30th, 1938 197 Passed,, adopted and approved this 30th dap of August, 1938. CARL A, CLARK, Mayor, FRANK VAN DUELMAN, 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-14fayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None, Resolution No, 89-38 Whereas, the City Council of Dubuque, Iowa, has directed the City Manager to execute and file an application on behalf of the City of Dubuque, Iowa, to the United States of America for a grant of $67,500.00 to aid in financ- ing the construction of Improve- ments to the Water Works System, at an estimated cost of $150,000,00 and Whereas, such application for a grant of $67,500 is conditioned up- on the expenditure of $82,500 on the part of the City of Dubuque, Iowa Now Therefore, be it resolved by the City Council of the City of Dubuque, Iowa, that there be and there is hereby appropriated the sum of $52,500.00 from the Water Works General Fund for the pur• pose of financing 55 per cent of the cost of the aforesaid construc- tion of Improvements to the Water Works System, and Be It Further Resolved that the City Treasurer be and he is hereby directed to deposit in the First National Bank of Dubuque, Iowa, to the credit of the "Construction Account, Improvements to the Water Works System "Docket No. Iowa 1084" the sum of $82,500.00, the same to be segregated from all other funds and to be used for nc other purpose whatsoever. Passed, adopted and approved I this 30th day of August, 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 Thompson. Car• ried by the following vote: Yeas-Mayor Glark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Resolution No, 90-38 A Resolution authorizing the Mayor of the City of Dubuque, Iowa, to file an application to the United States of America through the Federal Emergency Adminis• tration of Public Works for a grant to aid in financing The Acquisition of a site and the Construction of a Memorial Building to commemorate the ser• vice rendered by soldiers, sailors and marines of the United States, and designating C. I, Krajewski, Architect, 803 Roshek Building, Du• buque, Iowa, to furnish such in, formation as the Government may request. Be It Resolved by the City Coun• cil of the City of Dubuque, Iowa; Section 1. That the Mayor, be and he is hereby authorized to execute and file an application on behalf of the City of Dubuque, Iowa, to the Unted States of Amer- ica fot• a grant to aid in financing the Acquisition of a site and the Construction of A Memorial Build- ing to commemorate. the service rendered by soldiers, sailors and marines of the United States, and fm• the equipping of said building. Section 2. That C, I. Krajewgki, Architect, 803 Roshek Building, Dubuque, Iowa, is hereby author- ized and directed to furnish such information as the United States of America through the Fedenal (Emergency Administration of Pub- ic Works, may reasonably request in connection with the application, which is herein authorized to be filed. Passed, adopted and approved this 30th day of August,, 1938. CARL A. CLARK, Mayor. FRANNK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F, W. THOMPSON, Councilmen. Attest: J, J, SHEA, City Olerk. Councilman Van Duelman 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, Wharton, Nays-None. 198 Special Session, August 30th, 1938 August 26, 1938. Honorable Mayor and City Council, Dubuque, Iowa. RE: CLAIM OF MRS. ANNA SCHAUL Gentlemen; Prior to my assumption of that office, there was referred to the City Solicitor by the City Council for investigation and repm•t, the claim of Mrs. Anna Schaul, in the sum of Two Hundred Twenty- eight and no-100 ($228.00) Dollars, for damages resulting from her fall ,upon the sidewalk on the Souther- ly side of Thirteenth Street, be- tween Iowa and Central Avenue, alleged to have been caused by the negligence of the City, in the accumulation of rough ice and snow at the place her said fall occurred. I have made an investigation of the facts and circumstances sur- rounding this claim, and find that prior to the time of this fall, ice had formed upon the sidewalk at the place where Mrs. Schaul fell, which ice' was scraped from part of the sidewalk in the vicinity of the place of her fall, and thrown upon other ice at the place of her fall, and that her fall was caused ,by Sher stepping upon loose pieces of ice upon smooth ice underneath, which loose Pieces of ice slid or skidded when she stepped upon them, causing her to fall. The facts and circumstances and evidence adduced ft•om the invest- igation indicate that negligence might be impute to the City in this case, and for that reason I respect- fully recommend that the claim be allowed in the sum. of Twenty-five and no-100 ($25.00) Dollars, and that a warrant payable to Edgar H. Willging, attorney far Mrs. Anna Schaul, be drawn and de- livered upon the execution by the claimant of the enclosed receipt or release, Respectfully submitted, AL. J. NELSON, City Solicitor. Councilman Murphy moved that the recommendation of City Solici- tor Nelson be approved and that a warrant in the amount of $25.00 be ordered drawn payable to Edgar H. Willging, Attorney far Mrs. Anna Schaul, as settlement in full of the claim of Mrs. Anna Schaul. Seconded by Councilman Thomp- son, Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None, August 27, 1938 To the Honorable Mayor and City Council, Dubuque, Iowa. RE; CLAIM OF HAROLD BARRETT Gentlemen: On July 9, 1938, the City Council referred to me for investigation and report, the claim of Harold (Barrett, in the sum of Twenty-five and no-100 ($25.00) Dollars, for damages to his store fixtures, and stock in his store on Southern Avenue, as the result of water flow- ing into the rear of his store on Jnne 14, 1938. I beg to advise that I have made an investigation of this claim and find that the water that flawed into the Barrett store came from pri- vate premises in the rear of this store through a rock wall, part of which had been washed away, and which rock wall was not maintain- ed by the city, and I find no liabil- ity on the part of the city, and, therefore, recommend that the claim be disallowed. Respectfully submitted, AL. J. NELSON, City Solicitor. Councilman Murphy moved that the recommendation of City Solici- tor Nelson be approved, Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton, Nays-None, August 27, 1938. To the Honorable Mayor, and City Council, Dubuque, Iowa. Re: Claim of Gabriel F. Beck. Gentlemen: On July 9, 1938, there was referred to me by the City Council for investigation and report, the claim of Gabriel F. Beclc, in the sum of Fifteen and no 100 ($15.00) Dollars for damag- es to his garden on Southern Av enue, a]leged.to have been caused by water overflowing from the street into his garden on June 14, 1938, on account of the inability of the storm sewer on Southern Aven• ue to take the water away. I have completed investigation in this case and find that there was no stoppage or obstruction of said storm sewer at that time, and also find that the rainstorm on June 14, 1938 was, in reality a cloudburst, and that if any water flowed upon claimant's garden as the result of said storm it was not dus~to any negligence on the part of the City of Dubuque. I find no liability on the part of Special Session, August 30th, 1938 199 the City in connection with this claim, and recommend that the claim be disallowed. Respectfully submitted, AL J, NELSON, City Solicitor, Councilman Murphy moved that the recommendation of City Solic- itor Nelson be approved. Second- ed by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. August 26, 1938 Honorable Mayor and City Council, Dubuque, Iowa. Re: Claim of Mrs. Laura Bircher. Gentlemen: On June 15, 1938, there was referred to me for in• vestigation and report, the claim of Mrs. Laura Bircher, in the sum of Five Hundred and no 100 ($500.00) Dollars, on account of damages and injuries sustained by her, as the result of her falling on the sidewalk on the South side of West Eleventh Street, on Wal- nut Street in the first alley West thereof, on April 24, 1938, said claim alleging said fall was due to the rough, broken and uneven con- dition of said sidewalk, as the re- sult of the defects therein. I have completed investigation of this claim and respectfully recom- mend that the claim be allowed in the sum of Seventy-five and no 100 ($75.00) Dollars, and that a war- rant payable to Ray LicklideT, at- torney far Mrs. Laura Bircher, be drawn in the sum of Seventy-five and no 100 ($75.OD) Dollars, O,nd delivered upon the execution by the claimant of the enclosed receipt and release. Respectfully submitted AL J. NELSOAT, City Solicitor. Councilman Thompson moved that the recommendation of City Solicitor Nelson be approved and that a warrant in the amount of $75.00 be ordered drawn payable to Ray Licklider, attorney for Mrs. Bircher, as settlement in full of the claim of Mrs. Laura Bircker, Seconded by Councilman Van Duel- man. Carried by the fallowing vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. August 30, 1938. Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: Our State Legisla• tune in the extraordinary session of the Forty-fifth General Assem- bly, after passing enactments crE- ating anew retirement system for policemen and firemen in cities of this State, which enactments were applicable to the City of Dubuque, amendments to the provisions of the statutes then in farce relating to the pension system sad pension funds in force prior to the adoption of the new retirement system and by these amendments provided that said cities shall levy sufficient tax- es to meet all the necessary obli- gations and expenditures of said pension funds, and further provid• ed that such cities shall bind and obligate themselves to the individ- ual members of the police and fire departments of said cities contri- buting to the pension funds then in force, guaranteeing that the rate of contribution or payment of the individual member. of said police and fire departments to said pen• sion fund shall not be increased, and also guaranteeing that the present and prospective rights and benefits provided far by said funds shall not be abridged or lessened, and also guaranteeing to all such contributors, and to their surviving dependents, all of the rights and benefits, present and prospective, as provided for by such pension systems, and that the obligation of each city far said rights and bene~ fits shall be a direct charge upon the city. The amendments so made to the law in that session of the Legisla- ture also authorized each city to enter into a written agreement with the individual members of the police and fire departments, and the surviving dependents of the deceased members of said depart- ments, guaranteeing said rights and obligations of the city. It has come to my attention that no action has ever been taken by our city in this regardxin conform- ity with the provisions of these amendments made to the statutes by this session of the Forty-fifth General Assembly. I believe, and am convinced that, although the statutes now in force bind and obligate the City bf Du- buque in this respect, it would be for the best interest of the City, and would be conducive to the maintenance and advancement of the morale of both the police and fire departments of our city, far the city to enter into such agree- ment as is provided by the laws and statutes which are now in force, and I, therefore, respectfully submit herewith an Ordinance cov- 200 Special Session, August 30th, 1938 ering this matter, and recommend its adoption. Respectfully submitted, AL J, NEliSON, City Solicitor. Councilman Van Duelman moved that the recommendation of City Solicitor Nelson be approved. Sec- onded _ by Councilman Thompson. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompsonx Van: Duelman, Wharton. Nays-None. Ordinance No. 23-38 An Ordinance providing for writ- ten agreements between the City of Dubuque, Iowa, and members of the Police and Fire Departments i of the City of Dubuque, Iowa, who have contributed to the Ponsion Funds of their respective deparE- ments, and the surviving depend- ents of the deceased members of said Police and Fire Departments who have so contributed; and pro• viding the form of written Certifi- cate of Agreement and the issu- ance and delivery thereof, as well as binding the City of Dubuque, Iowa, to carry out the terms and provisions of said Certificate of Agreement, presented and read, Councilman Van Duelman moved that the reading just had be con- sidered the first reading of the ordinance. Seconded by Council- man Wharton. Carried by the fol- lowing vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Councilman Van Duelman moved that the rules be suspended requir- ing an ordinance to be read on three separate days. Seconded by Councilman Wharton. 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 Wharton. Carried by the fol- lowing vote: YeasMayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton, Nays-None. Ordinance Nos 24-38 An ordinance granting to Spahn and Rose Lumber Company, own• ers, its successors and assigns, the right to construct and maintain areaways above the sidewalk level or surface in Washington Street and in East Eighth Avenue, adja- cent to and abutting the South one• half (S t/a) of Lot Four Hutldred Fifteen (415) in the town (now city) of Dubuque, Iowa; and pre- scribing tho conditions of said per- mit, presented and read. Councilman Van Duelman moved that the reading just had be con- sidered the first reading of the ordi- nance. Seconded by Councilman Wharton. Carried by the follow- ing vote: Yeas-Mayor Clark, Councihnen Murphy, Thompson, Van .Duelman, Wharton. Nays-None. Councilman Van Duelman moved that the rules be suspended requir- ing an ordinance to be read on three separate days. Seconded by Councilman Wharton. 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 Duelman moved that the reading just had be considered the second reading of the ordi- nance, Seconded by Councilman Wharton. Carried by the follow• ing vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. There being no further businsss, Councilman Van Duelman moved to adjourn. Seconded by Councilman Wharton. Carried by the follow- ing vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. J. J. SHEA, City Clerk, Adapted ....................................1938. Approved ..................................1938. Councilmen: { ...................................... Attest : .................................................... City Clerk. ~{ tl .~