1938 November Council Proceedings_ I~, ~~~
Regular Session, November 7th, 1938. 241
CI$y COlIi1Cl~
(Official.)
Regular Session, November 7th, 1938.
Council met at 7:55 P. M.
- Present-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton, City Manager Rhomberg.
IYlayor Clark stated that this is the
regular monthly meeting of the City
Council for the purpose of acting upon
such business as may properly come
before the meeting,
Councilman Van Duelman moved
that the rules be suspended for the
purpose of allowing aup one present in
the Council Chamber, who evishes to
do so, to address the Council. Second-
ed by Councilman Wharton. Carried
by the following vote: Yeas-Mayor
Clark, Councilmen Murphy, Thomp-
son, Van Duelman, Wharton. Nays-
None.
Attorney John J. Kintzinger ad-
dressed the Council and presented and
read the petition of the Dubuque Pos-
ter Adv. Co. requesting that Division
(a) and Division (b) of Ordinance No.
769 of the Building Code of the City of
Dubuque, Iowa, and also that that part
- of Ordinance No. 3-34 of the Zoning
Ordinance pertaining to the construc-
tion of billboards be repealed. Coun-
cilman Wharton moved that the peti-
tion be referred to the City Council
and Plam~ing and Zoning Commission
for consideration and that the petition-
ers be notified to be present at said
meeting. Seconded by Councilman
Thompson. Carried by the following
vote: Yeas-Mayor Clark, Council-
- men 11lurphy, Thompson, Van Duel-
man, Wharton. Nays-None.
Attorney Ray Licklider addressed the
Council and read a copy rof the Claim
filed by J. hI. Davison, Jr., i^ the
amount of $25,00 for injuries sustained
in a fall on the Northeast corner of
Seventh and Iowa Streets. Councilman
Wharton moved that this matter be
left with the Citv Solicitor to ascertain
if a report has been submitted to the
City Council on this Claim and the
action of the City Council, if any, talc-
-__ en on said report. Seconded by Coun-
cilmau Murphy. Carried by the fol-
lowing vote: Yeas-Mayor Clark,
Councilmen Murphy, Thompson, Van
Duelman, Wharton, Nays-Noce.
= Mr, Oscar Irmeit addressed the
_ Council requesting that West 28th
- Street be graded, properly drained, and
- placed in a proper condition. Council-
man ivfurphy moved that the request be
- referred to the City Manager fora re-
- port to be submitted back to the City
Council. Seconded by Councilman
Van Duelman Carried by the follow-
- ing vote: Yeas-Mayor Clark, Coun-
cilmen Murphy, Thompson, Van Duel-
man, Wharton, Nays-None.
Petitio^ of Leo J. Diener, Capitol
Theatre, requesting permission to re-
model the steps on the south side of
the Capitol Theatre Building presented
and read. Councilman Murphy moved
to refer the petition to the City Ivfan-
ager and Building Commissioner for
investigation and report. Seconded by
Councilman Wharton. Carried by the
following vote: Yeas-Mayor Clark,
Councilmen Murphy, Thompson, Vau
Duelman, Wharton. Nays-None.
Communication of Mississippi Val-
ley Association extending an invitation
to the Honorable Mayor and City Coun-
cil to attend the annual meeting of the
Association to he held in St, Louis on
November 21st and 22nd, presented and
read. Councilman Whartat moved to
refer the communication to the City
Council Seconded by Councilman
Thompson, Carried by the following
vote: Yeas-Mayor Clark, Council-
men lldurphy, Thompson, Van Duel-
man, 1Vhartou. Nays-None.
Communication of J. P. Brake, Vice
President, Dubuque Association of the
Blind, extending the sincere and heart
felt thanks of the blind of Dubuque to
the City Council for the placing of
"1Varuing Signs" to protect the blind
at various places avhere the motorists
could readily see them presented and
read. Councilman Van Duelman moved
that the communication be received and
filed. Seconded by Cowtcilman Mur-
phy. Carried by the following vote:
Yeas-Mayor Clark, Councilmen Mur-
phy, Thompson, Van Duelman, Whar-
ton. Nays-Noce.
Petition of M. J. Pautvein requesting
that the alley in the rear of 770 Angel-
la Street be Improved in order that the
water will not drain over this property
presented and read. Councilman Vau
Duelman moved to refer the petition to
the City Council to view the grounds.
Seconded by Cowtcilman Murphy.
Carried by the following vote: Yeas-
bfayor Clark, Councilmen Murphy,
Thompson, Van Duelman, Wharton.
Nays-Noce.
Petition of Mrs. L. Heer requesting
that an investigation be made of the
building and dumping place on the prop-
erty of Jenny Walser ];state at 12th
and Dlm Streets presented and read.
Councilman Wharton moved that the
petition be received and filed. Second-
ed by Councilman Van Duelman. Car-
ried by the followi~tg vote: Yeas-
blayor Clark, Councilmen Murphy,
Thompson, Van Duelman, Wharton.
Nays-None.
Petition of Joe Fessler, referred to
the City Council by the Board of Su-
pervisors requesting suspension of the
last half of the 1937 tax on Lots 40 and
74 of Belmont Addition presented and
read.. Councilman Murphy moved to
refer the petition to the City Solicitor
for investigation and report. Seconded
- 242 Regular Session, November 7th, 1938.
by Councilman Thompson, Carried by
- the following vote; Yeas-Mayor
Clark, Councilmen Murphy, Thompson,
Van Duelman, Wharton. Nays-None.
Petition of Junior Auxiliary of the
Visiting Nurse Association requesting
permission for the holding of a Double
Barred Cross Day (tag day) on Decem-
ber 17th, 1938, presented and read.
Councilman Van Duelman moved that
the request be granted. Seconded by
Councilman Murphy. Carried by the
following vote: Yeas-Mayor Clark,
Councilmen Murphy, Thompson, Van
Duelman, Wharton. Nays-None.
Petition of Dubuque Packing Com-
pany requesting permission to use the
sidewalk situated on the south side of
18th Street between Sycamore and
Cedar Streets for the purpose of main-
taining arunway to the stockyards of
said Company and also that they be al-
lowed and permitted to use the West
S feet of the Alley which runs in a
northerly and southerly direction be-
tween 17th and 18th Streets for the p~r-
pose of maintaining a cattle run from
their stockyards to the killing roam
presented and read. Councilman Mur-
phy moved to refer the petition to the
City Council to view the grounds. Sec-
onded by Councilman Vau Duelman.
Carried by the following vote: Yeas-
Mayor Clark, Councilmen Murphy,
Thompson, Van Duelman, Wharton.
Nays-None.
Ordinance No. 26-28. Au ordinance
vacating that part of Charles Street
from Broadway to the East line of the
. alley first West of Broadway, and Lying
between hots 36 and 37 of South Park
Hill Addition to the City of Dubuque,
Iowa, and that part of Charles Street
from the West line of the alle}~ first
West of Broadway to Muscatine Street,
lying betrveen Lots 15 and 16 of South
Park Hill Addition, to the City of Du-
buque, Iowa, and conveying that vacat-
ed part of said Charles Street from
Broadway to the East line of the alley
first West of Broadway, and lying be-
tween Lots 36 and 37 of South Park
HiII Addition to the City of Dubuque,
Iowa, to Robert E. Miller, said ordin-
ance having been passed upon first and
- second readings on October 24th, 1938,
presented and read a third time.
ORDINANCE N0.26-38.
An ordinance vacating that part of
_ Charles Street from Broadway to the
East line of the alley first West of
Broadway, and lying between Lots 36
- and 37 bf South Park Hill Addition to
the City of Dubuque, Iowa, and that
part of Charles Street from the West
line of the alley first West of Broad-
way to Muscatine Street, lying between
Lots 1S and 16 of South Park Hill Ad-
dition, to the City of Dubuque, Iowa,
and conveying that vacated part of said
Charles Street from Broadway to the
Toast line of the alley first West of
Broadway, and lying between hots 36
and 37 of South Park Hill Addition to
the City of Dubuque, Iowa, to Robert
$ Miller.
WHEREAS, a request has been filed
with the City Council of the City of
Dubuque to vacate that portion of
Charles Street from Broadway to the
East line of the alley first West of
Broadway and lying between Lots 36
and 37 of South Park Hill Addition to
the City of Dubuque, and that portion
of Charles Street from the West line
of the alley first West of Broadway to
Muscatine Street and lying between
Lots 15 and 16 of South Park Hill Ad-
dition to the City of Dubuque, Iowa,
and to grant and convey that portion of
said Charles Street from Broadway to
the East line of the alley first West of
Broadway and Lying between Lots 36
and 37 of South Park Hill Addition to
Robert E. Miller, which request has
been submitted to the Planning and
Zoning commission for its recommen-
dation or approval; and
WHEREAS, said Planning and Zon-
ing Commission has filed its recom-
mendationwith the City Council where-
in it recommends the granting of the
request; and,
WHEREAS, this Council finds that
said described portion of Charles Street
served no public purpose, and iu all
probability will never be needed or use-
ful as a public thoroughfare:
NOW, THEREFORE,
Re it ordained by the City Council of
the City of Dubuque;
Par. 720, Section 1, That, that part
of Charles Street from Broadway to
the East line of the alley first West of
Broadway, and Lying between hots 36
and 37 of South Park Hill Addition to
the City of Dubuque, be, and the same
is hereby vacated, and the public use
thereof is hereby annulled,
Par. 721, Section 2. That, that part
of Charles Street extending from the
West Line of the alley first West of
Broadway to Muscatine Street and ly-
ing between Lots 1S and 16 of South
Park Hill Addition to the City of Du-
buque, be, and the same is, hereby va-
cated, and the public use thereof as a
thoroughfare is hereby annulled.
Par. 722, Section 3. That, for value
received that vacated part of Charles
Street from Broadway to the East line
of the alley first West of Broadway and
lying between Lots 36 and 37 of South
Park Hill Addition to the City of Du-
buque, be, and the same is hereby
granted and conveyed to Robert E.
11liller.
Par. 723, Section 4. That, after the
adoption of this ordinance, the City
Clerk shall file a certified copy.of the
same in the office of the County Re-
corder of Dubuque County, Iowa.
Par 724, Section S. That this or-
dinance shall be in force and effect ten
Regular Session, November 7th, 1938. 243
(10) days from and after its final pas
sage and adoption by the City Council,
and publication as provided by law.
Fassed upon first and second read-
ings this 24th day of October, 1938.
Passed, adopted and approved upon
final reading this 7th day of Novem-
ber, 1938.
CARL A, CLARK, Mayor.
FRANK VAN DUI;LMAN,
ALBERT WHARTON,
GEO. R. MURPHY,
F. W. THOMPSON,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Published officially in the Telegraph-
Herald newspaper this 9th day of No-
vember, 1938.
J. J. SHEA,
11-9-1t City Clerk.
Councilman Van Duelman moved the
adoption of the ordinance. Seconded
by Councilman Murphy. Carried by
the following vote: Yeas-Mayor
Clark, Councilmen Murphy, Thomp-
son, Van Duelman, Wharton. Nays-
None.
Resolution 116-38,
Be If Resolved by the City Council
of the City of Dubuque, Iowa, that it
is deemed advisable to sell Lot Thirty-
seven (37) of South Parlc Hill Addition
to the City of Dubuque, Iowa, to Rob-
ert $. Miller, for the sum of One Hun-
dred Five and no/100 ($lOS.00) Dol-
lars, and to execute a quit claim deed
of said premises to said grantee and
deliver the same to him upon the pay-
ment of said purchase price.
Be It Further Resolved that the
Mayor and Clerlc of said City of Du-
buque, be, and they are herby author-
ized and directed to execute said deed
on behalf of the City of Dubuque, and
to affix thereto the official seal of said
City.
Passed, adopted and approved this 7th
day of November, 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 adop-
tion of the resolution. Seconded by
Councilman Thompson, Carried by the
following vote: Yeas-Mayor Clark,
Councilmen Murphy, Thompson, Van
Duelman, Wharton. Nays-None
November 7, 1938.
To the Honorable Mayor and
City Council, Dubuque, Iowa.
Gentlemen:
At the session of the City Council
held October 24, 1938, the petition of
Lillard Kieler requesting that the Coun-
ty Treasurer be instructed to accept the
principal amounts of the Special assess-
meats, plus interest and advertising
costs, the balance of penalties to be
waived, against I,ot 7 of Jansen's Sub,,
Special Assessment Fund 947 was re-
ferred to the City Manager and City
Treasurer for investigation and report,
We have examined the records and
find the account to be as stated in the
petition and recommend that the peti-
tion be granted,
Respectfully submitted,
A. A. RHOMBERG,
City Manager.
0. F. PULS,
City Treasurer,
Councilman Murphy moved that the
recommendation of City Manager
Rhomberg and City Treasurer Puls be
approved and the County Treasurer to
be instructed accordingly. Seconded
by Councilman Thompson. Carried by
the following vote: Yeas-Mayor
Clark, 'Councilmen Murphy, Thomp-
son, Van Duelman, Wharton, Nays-
None.
November 7, 1938.
To the Honorable Mayor and
City Council, Dubuque, Iowa.
Gentlemen:
On October 2S, 1938, the City Coun-
cil vietived the grounds on a number of
petitions and requests throughout the
city. The situations viewed and the de-
cisions of the Council ai•e as follows:
(1) Rowan Street-petition of Charles
P. l+ay et al of October 24, 1938-
Couucil saw vo present need of
grading this street.
(2) Alley behveen Grandview Avenue
and Bradley Street from Randall
Place to Dunning Street-petition
of Donald H. Head of October 3,
1938-Council decided that the al-
ley be surveyed with a view to cor-
recting the drainage.
(3) Alley first east of Hill Street from
Wooten to Bonson Streets-peti-
tion of N. M. Sutton of October
24, 1938-Council decided alley be
staked out according to the estab-
lished grade so as to determine the
relationship of the alley grade and
the level of Lots 4 and 11 of Wat-
ter's Sub.
(4) Need for sidewalk along St. Joseph
Street abutting the South SO feet
of the East 140 feet of the East 240
feet of Lot 9 of Sister's Add,-pe-
tition of Edwin L. Bull and John
Walbrun of October 24, 1938-
Council directed the manager to
confer with the owner. This has
been done and the owner agreed to
construct the necessary 140 feet of
sidewalk at once.
(S) Sewers for District bounded by the
corporation line, Delhi Street, As-
bury Street, St. Ambrose Street,
Seminary Street and the Bunker
Hill GoIE Course-petition of E. L.
Simon et al of October 3, 1938-
Council decided that to provide
244 Regular Session, November 7th, 1938. _ Regular Session, November 7th, 1938. 245
sewer for this district would in-
volve a great expense for mains
and pumping equipment and that
' the time was not opportune for
such assessment.
(6) A cross Street from Shiras Avenue
to Roosevelt Street-petitiou of
Arthur H. Eichman et al of Octo-
ber 3, 1938-Council could see no
present need of such a connecting
street.
(7) Street lights and drainage of Dav-
enport Street-petition of Joseph
Plein, Jr., of October 3, 1938-
_ Council decided petitiou be denied.
(8) Condition of houses on the North
32 feet 10 inches of Lot 116 and the
South one-half of Lot 115 of East
Dubuque Add.-petitio^ of C. H.
Grether et al of October 24, 1938-
Council was of the opinion that
condemnation committee he ap-
pointed.
(9) A1lep entrance to J. F. Stampfer
Co. store-petitiou of October 3,
1938-'Council decided to grant the
petition provided the canopy be
built according to the plan and that
the cost of publication of the spe-
cial ordinance be borne by the pe-
titioner.
I recommnd that the actions and de-
cisions of the City Council of October
2S, 1938, be approved and confirmed.
~ Respectfully submitted,
A. A. RHOMBERG,
City 114auager,
I Councilman Murphy moved that the
decisions of the City Council be con-
firmed. Seconded by Councilman
' Thompson. Carried by the following
vote: Yeas-Mayor Clark, Council-
men Murphy, Thompson, Van Duel-
man, Wharton. Nays-None
November 7, 1938.
To the Honorable Mayor and
City Council, Dubuque, Iowa.
_ Gentlemen:
The petitiou of C. 1V. Nickles et al
of October 3, 1938, requesting astop-
and. go tight at 22nd Street and Central
Avenue and the petition of A. H. Smith
of August 30, 1938, requesting stop
signs at Seminary and Madison Streets
and astop-and-go light at West 14th
= and Maiu Streets were referred to the
City Manager for a report
Since the stop-and-go lights request-
ed are on State Highways, I contacted
the Iowa State Highway Commission
- and after a field examination with its
representatives received the attached let-
ter. The Commission representatives
are opposed to any stop lights at West
14th and Main Streets, but have given
permission to the installation of a sus-
- pended four (4) way stop-and-go light
at 22nd and Central with the under-
. standing that a four post stop-aitd-go
light be put in at West 14th and Locust
Streets, Stop signs have already been
erected at Seminary and Madison
Streets,
I recommend that four (4) post stop-
aitd-go signs be erected at West loth
and Locust Streets and following such
installation the present suspended four
(4) way light he moved and erected at
22nd and Central Avenue.
Respectfully submitted,
A. A. RHOMBERG,
City Manager.
Councilman Murphy moved that the
recommendation of City Manager
Rhomberg be approved. Seconded by
Councilman Thompson. Carried by the
following vote: Yeas-Mayor Clark,
Councilmen Murphy, Thompson, Van
Duelman, Wharton, Nays-None.
November 7, 1938.
To the Honorable Mayor and
City Council, Dubuque, Iowa,
Gentlemen:
At the session of the City Council
held October 24, 1938, the petition of
W. F. Cooper, for A, A. Cooper, Inc,,
requesting the Council to give serious
and special consideration to the parking
space on Highland Park, also called
Cooper Heights, was referred to the
City Manager for investigation and re-
port.
I have examined the records and find
that on the plat of Cooper Heights,
filed in the County Recorder's office on
December 30, 1925, there is shown a
flat iron shaped area in the center of
Cooper Place approximately 250 feet in
length and 40 feet in greatest width
marked "Park". The dedication is as
follows: "The foregoing Subdivision
of City Lots 691, 700, and East 100 feet
of 721 iu the City of Dubuque, Iowa,
as appears on this plat is with the free
consent and in accordance with the de-
sire of the undersigned owner and pro-
prietor of said Real Estate, and we
hereby "Dedicate to the Public forever,
the Streets and Lanes thereon shown,
said Subdivision to be known and
named "Cooper Heights". Acknowl-
edged December 1, 1938. A. A. Coop-
er, Inc. (Seal) By W. F. Cooper, Presi-
dent and A. A, Cooper, Treasurer.
It appears from the plat and from the
assessments records on sewers and
street paving that the intent was to
consider the area marked "Park" as a
part of Cooper Place. If such is the
case, the city would be charged with
the upkeep of this at•ea, I find no ref-
erence in the council record to any
promises to beautify the area. The
promises mentiond in the petition, no
doubt ,were verbal ones on the part of
city em,Ployees and not binding on the
Council.
I recommend that the city hereafter
cut the weeds on the parked area in
the center of Cooper Place and that if
any beautification of the area is con-
templated that such matter be discussed
with the Park Board.
Respectfully submitted,
A, A, RHOMBERG,
City Manager.
Councilman Van Duelman moved
that the recommendation of City Man-
ager Rhomberg be approved. Second-
ed by 'Councilman Wharton. Carried
by the following vote: Yeas-Mayor
Clark, Councilmen Murphy, Thompson,
Van Duelman, Wharton. Nays-None.
Resolution 117-38.
Whereas, on September 23, 1938, the
City Council of Dubuque, Iowa, adopt-
ed Resolution No. 104-38 Establishing
Minimum Wage Scales to be paid to
the various classifications of labor to be
engaged on PWA Project No, 1684F-
involving Improvements to the Water
Works System, and
1Vhereas, the Federal Emergency Ad-
ministration of Public Works after a
review of such wage scales has made
certain changes of the minimum wages
to be paid on this Project, Novv There-
fore
Be It Resolved by the City Council
of the City of Dubuque, Iowa, that the
action of the City Council on Septem-
ber 23, 1938, in adopting Resolution No.
104-38 be rescinded and Resolution
No. 104-38 be declared hull and void.
Passed, adopted and approved this
7th day of November, 1938.
CARL A. CLARI{, Mayor.
FRANK VAN DUELMAN,
ALBERT WHARTON,
GEO. R. MURPHY,
F. 1V. THOMPSON,
Councilmen.
Attest: J. J SHEA,
City Clerk.
Councilman Van Duelman moved the
adoption of the resolution. Seconded
by Councilman Thompson. Carried by
the following vote: Yeas-Mayor
Clark, 'Councilmen Murphy, Thomp-
son, Van Duelman, Wharton. Nays-
None.
Resolution No. 118-38,
Fixing Minimum Wage Rates
P. W. A. Iowa Docket 1684-F.
Whereas, a thorough investigation
has been made of the hom•ly wage rates
which are being paid in the City of Du-
buque, Iowa, in Dubuque County,which
is the locality iii which the proposed
project is to be constructed by the City
of Dubuque, Iowa, to employees in each
trade or occupation engaged iu work of
a nature similar to the work to be per-
formed in the construction of said
project, and the prevailing hourly wage
rates being paid in such locality to such
employees for such work have been
determined by City Council through
aid of Secretary of Trades and Labor
Congress, Secretaries of Trade Unions
and Local Contractors.
Novv, Therefore, Be It Resolved by
the City Council of the City of Du-
buque, Iowa, that the following rates
for the respective trades or occupations
listed below shall be and are hereby
fixed as the minimum hourly wage
rates and have been determined in ac-
cordance with rates prevailing for work
of a similar nature in the locality in
which the project is to be constructed;
Trade or W age Rate
Occupation (On Hourly Basis)
Building Construction
Boiler Makers ______________ ___$1.125
Bricklayers ________________ ___ 1.375
Bricklayer Tenders _________ ___ ,8S
Carpenters _________________ ___ 1.00
Cement Finishers ___________ ___ .7S
Electrical Workers _________ ___ 1.00
Glaziers '------------------- --- .925
Hoisting Engineer (I drum)_ ___ 1.00
Hoisting Engineer (2 drum)_ ___ 1.25
Iron Workers-Ornamental _ ___ 1,00
Iron Workers-Structural ______ 1.00
Iron Workers-Rodmen _____ ___ .60
Lathers-Wood _____________ ___ 1.00
Lathers-Ivletal _____________ ___ 1.00
Marble Setters ______________ ___ 1.375
Mosaic and Terrazzo Workers ___ 1,375
Marble Helpers _____________ ___ 1.00
Terrazzo Helpers ___________ ___ 1.00
Tile Setters ________________ ___ 1.25
Tile Setter Helpers__________ ___ 1.00
Alortar Tenders _____________ __ .30
Mortar Mixers ______________ __ .85
Painters, Paper Hangers and
Decorators _______________ ___ ,925
Plasterers ___________________ __ 1.25
Plaster Tenders _____________ __ ,85
Plumbers ____________________ __ 1.10
Roofers-Slate and Tile_________ .90
Roofers-Composition _______ __ 1.00
I{ettlemen ------------------- -- .50
Sheet Metal 1Vorlcers_________ __ ,90
Shovel, Crane Pile Driver, Clam-
shell Operator _____________ __ 1.25
Steam Fitters _______________ __ 1.10
Steam Fitter Helpers_________ __ .50
Stone Cutters _______________ __ 1.375
Stone Masons _______________ __ 1.375
tiVater Pi•oofers _____________ __ .90
Welders, Arc and Acetylene___ __ 1.00
tiVelders, Burners, Cutters____ __ 1.00
Teamsters __________________ __ .60
Truck Drivers _______________ __ .75
Laborers-Common _________ __ .SO
Laborers-•Building __________ __ .50
Heavy Construction
Blacksmith __________________ __ 1.125
Blacksmith Helpers __________ __ .60
Bricklayers-Paving _________ __ 1.375
Bricklayers-Seta~er 114anhole _ __ 1.375
Bricklayers-Tenders __ -____ __ .8S
Carpenters __________________ __ 1,00
Caulkers-Pipe ______________ __ 1.10
Cement Finishers ____________ __ .7S
Graders-Fine Grademen ____ __ ,60
Iron ~Vorlcers-Structural ____ __ 1.00
Iron Workers-Reinforcing __ __ 1.00
Ketflemen ___________________ __ ,SO
Mechanic-Repait•meu _______ __ .90
Mechanic-Bulldozer _________ __ .90
Operator-Compressor _______ __ 1.25
Operator-Cement Guit ______ __ 1.25
Operator-Shovel ____________ __ 1.25
Operator-Crane, Dragline,
Clamshell _________________ __ 1.25
Operator-Ditcher, Trench Ma-
chine ---------------------- -- 1.25
246 Regular Session, November 7th, 1938.
Trade or Wage Rate
Occupation (On Hourly Basis)
Operator-Firemen ____________ .7S
Operator-Grader, Backfiller ___ 1.25
Operator-Jackhammer ________ 1.25
Operator-Mixers _____________ 1.25
Operator-Oilers, Greasers,
Firemen ____________________ .7S
Operator-Pumps ______________1.00
Operator-Rollers _____________ 1.00
Operator-Tractors ____________ 1.00
Operator-Trucks _____________ .75
Pipe Layers ___________________ 1.10 i
Pipe Handlers _________________ .SO
Reinforcement Placers _________ .60
Too] Dressers _________________ 1,125
Well Drillers __________________ 1.25
Winchmen ____________________ .6S
Laborers ______________________ .SO
Well Driller Helper____________ .6S
In case it becomes necessary for the
Contractor or any sub-contractor to
employ on the Project under this con-
tract any person or trade or occupation
for which no minimum wage rate is
herein specified, the Contractor shall
immediately notify the Owner who will
promptly thereafter furnish the Con-
tractor with the minimum rate. The
minimum rate thus furnished shall be
applicable as a minimum for such trade
or occupation from .the time of the
initial employment of the persons af-
fected and during the continuance of
such employment.
Be It Further Resolved, that the
foregoing list of trades or occupations
includes to the best of our ]cnowledge,
all the classifications of employees who
will be engaged in work on said Proj-
ect other than executive, supervisory,
administrative, clerical or other non-
manual workers as such.
Be It Further Resolved, that there
be transmitted with this resolution the
substantiating data upon which the
foregoing determination is based.
Passed, adoped and approved this
7th day of November, 1938.
CARL A. CLARK, Mayor.
FRANI{ VAN DUIaLMAN,
ALB$RT WHARTON,
GIrO. R. MURPHY,
F. W. THOMPSON,
Councilmen.
Attest: J. J. SH1rA,
City Clerk.
Councilman Van Duelman moved the
adoption of the resolution. Seconded
by Councilman Murphy. Carried by
the following vote: Yeas-Mayor
Clark, Councilmen Murphy, Thomp-
son, Van Duelman, Wharton. Nays-
None.
Proof of publication, certified to by
the publishers, of the official notice of
a public hearing upon the plans and
specifications, form of contract, and
cast of improvements for the Drilling,
Casing, Sealing and Testing of a New
Deep Well to be located on Lots S03
and S04 of Ham's Addition, presented
and read, Councilman Thompson
moved that the proof of publication be
received and filed. Seconded by Coun-
cilman Van Duelman, Carried by the
following vote; Yeas-Mayor Clark,
Councilmen Murphy, Thompson, Van
Duelman, Wharton, Nays-None.
Councilman Van Duelman moved
that Sub. Paragraph B of Section S of
General Conditions Section II of speci-
fications for drilling deep well PWA-
Docket 1684F, Contract No, l be amend-
ed by inserting in said Paragraph B,
Page F-3, after the word "Provided" in
Line S of said Paragraph B the follow-
ing: "That Union Labor shall be used
by all employers under this contract
whenever available, and". Seconded
by Councilman Murphy, Carried by
the following vote: Yeas-Mayor
Clark, Councilmen Murphy, Thomp-
son, Van Duelman, Wharton, Nays-
None:
Resolution No. 119-38.
Whereas, proposed plans and specifi-
cations and form of contract for the
Drilling, Casing, Sealing and Testing
of a New Deep Well, located on I,ot
S03 or 504, Part of Ham's Addition
have been approved by the City Coun-
cil of the City of Dubuque and public
notice given as provided by Chapter 23
of the Code of Iowa, 1935, pertaining
to public contracts and bonds, and the
time and place fixed for the hearing of
all objections to said plans, specifica-
tions or contract for or cost of such
improvements, said time being this 7th
day of November, 1938; and
Whereas, the City Council met in
Regular session this 7th day of Novem-
ber, 1938, at 7:30 o'clock P. 141. at the
Council Chambers in the City Hall for
the purpose of hearing all interested
parties and considering any and all ob-
jections which have been filed to the
proposed plans, specifications or con-
tract for or cost of the improvement
herein described and proposed to be
made; and
6Vhereas, all interested parties have
been given an opportunity to be heard
and all objections which have been
filed have been duly weighed gnd con-
sidered; now, therefore
Be It Resolved by the City Council
of the City of Dubuque, that all objec-
tions which have been made and filed
to the plans, specifications, contract for
or cost of said improvement herein de-
scribed and proposed to be made, be
and the same are hereby overruled and
such plans, specifications and form of
contract heretofore approved are here-
by adopted.
Be It Further Resolved that this res-
olution containing the decision of this
Council upon all objections which have
been filed to the plans, specifications
and form of contract for or cost of said
improvement be made a matter of per-
Regular Session, November 7th, 1938. 247
manent record in connection with said
improvement,
Passed, adopted and approved this
7th day of November, 1938.
CARL A. CLARK, Mayor.
FRANK VAN DU$LMAN,
ALB$RT WHARTON,
G1;O. R. MURPHY,
F, W. THOMPSON,
Councilmen.
Attest: J. J SH1aA,
'City Clerk.
Councilman Van Duelman moved
the adoption of the resolution. Sec-
onded by Councilman Thompson. Car-
ried by the following vote: Yeas-
Mayor Clark, Councilmen Murphy,
Thompson, Van Duelman, Wharton.
Nays-None.
Resolution No. 120-38.
Whereas, applications for Beer
Permits have been submitted to this
Council for approval and the same have
been examined; now, therefore
Be It Resolved by the Council of the
City of Dubuque that the following ap-
plications be and the same are hereby
approved and it is ordered that the
premises to be occupied by such ap-
plicants shall be forthwith inspected.
Class "B" Permit.
Name Address
Morris Blum and William Maas
(Renewal) ____700 Toast 16th Street
Joe Graff (Renewal) 1046 Central Ave,
Fred Herber and Ray Nicks
(Renewal)____S21 last 22nd Street
Milton J, Kalmes
f Renewal)______1085 Julien Avenue
Wm. Barrington and Glenn
Miller (Renewal) 2S0 West First St.
Howard D. Brownell
(Renewal)__________198 Main Street
George Hail ($enewal)__1766 Central
Class "C" Permit
Corinne Howe and Ralph F.
Howe __________1030 Walnut Street
Passed, adopted and approved this
7th day of .November, 1938.
CARL A. CLARK, Mayor.
FRANK VAN DUI;LMAN,
ALB$RT WHARTON,
GI;O, R. MURPHY,
F. W. THOMPSON,
Councilmen,
Attest: J. j, SH1A,
City Clerk.
Councilman Van Duelman moved the
adoption of the resolution. Seconded
by Councilman Murphy. Carried by
the following vote: Yeas-Mayor
Clark, Councilmen Murphy, Thomp-
son, Van Duelman, Wharton. Nays-
None.
Resolution No. 12'1-38.
Whereas, heretofore applications
were filed by the within named appli-
cants for Beer Permits and they
received the approval of this Council;
and
Whereas, the premises to be occupied
by them have been inspected and found
to comply with the ordinances of this
City and they have filed a proper bond;
Now, Therefore,
Be It Resolved by the Council of the
City of Dubuque that the Manager be
and he is hereby directed to issue to
the following named persons a Beer
Permit.
Class "B" Permit.
Name Address
Morris Blum and Wiliam Maas
(Renewal) ____700 East 16th Street
Joe Graff (Renewal) 1046 Central Ave,
Fred Herber and Ray Nicks
(Renewal)____S21 )cast 22nd Street
Milton J, Kalmes
(Renewal)______1085 Julien Avenue
Wm. Barrington and Glenn
Miller (Renewal) ZSO West First St.
Howard D. Brownel(
(Renewal)__________198 Main Street
George Hail (Renewal)__1766 Central
Class "C" Permit
Corinne Howe and Ralph F.
Howe __________1030 Walnut Street
Be It Further Resolved that the
bonds filed by such applicants be and
the same are hereby approved.
Passed, adopted and approved this
7th day of November, 1938.
CARL A. 'CLARK, Mayor.
FRANK VAN DUILMAN,
ALB$RT WHARTON,
GI3O. R. MURPHY,
F. W. THOMPSON,
Councilmen.
Attest: J. J. SH1A,
City Cleric.
Councilman Murphy moved the
adoption of the resolution. Seconded
by Councilman Van Duelman. Carried
by the following vote: Yeas-Mayor
Clark, Councilmen Murphy, Thompson,
Van Duelman, Wharton, Nays-None.
Resolution No, 122-38.
Whereas, the Planning and Zoning
Commission of the City of Dubuque
has recommended to the City Council
that the zoning map and zoning ordi-
nance of the City of Dubuque be
amended and changed in the following
respects:
By changing from "Single Family
Residence District" to "Local Business
District," all that part of Lot 1 of i,ot
1 of Lot 1 of Mineral Lot Twelve (12),
in the City of Dubuque, not already
determined and delimited as a "Local
Business District," and by extending
said "Local Business District" easterly
to the center line of Rowan Street, and
southerly to the center Line of Scully
Street; and,
Whereas, said Planning and Zoning
Commission of the City of Dubuque
has recommended to this Council that
said zoning map and zoning ordinance
be thus amended and changed, upo!i
the payment by the Highway Depart-
ment of the State of Iowa, of the cost
248 Regular Session, November 7th, 1938.
of .publication of the necessary ordi-
nance to effect such change and ameud-
menfs; and,
Whereas, before said zoning map
and zoning ordinance cart thus be
amended and changed, it is necessat•y
that a public Dearing be held'thereon.
Now, Therefore:
Be It Resolved by the City Council
of the City of Dubuque, that said rec-
ommendation of the Planning and
Zoning Commission, be, attd the same
is hereby approved, and the City Clerk
is hereby directed to cause to be pub-
lished in the official publication in the
City of Dubuque, a notice of a public
hearing to Ue held by this Council up-
on the proposed changes and amend-
ments, the date of said meeting and
Dearing being fixed for 7:30 o'clock
P. M,, ou November 28th, 1938, and to
be held in the Council Chamber in the
City Hall, in the City of Dubuque, said
notice to be published at least fifteen
(15) days before the date of said meet-
ing; at which said time all parties in-
terested and all citizens shall have an
opportunity to be heat•d.
Passed, adopted and approved this
7th day of November, 1938.
CARL, A. CLARK, Ma}*or.
FRANK VAN DU);LMAN,
ALB$RT 1VHARTON,
GFO• R, MURPHY,
F. W. THO111PSON,
Councilmen.
Attest: J. J. SH$A, 'City Clet•k.
Councilman Murphy utoved the adop-
tion of the resolution Seconded by
Councilman Wharton. Carried by the
fotlowing vote: Yeas-14fayor Clark,
Councihneu Murphy, Thompson, Van
Duelman, tiVharton. Nays-None.
The following decisions of the City
Council relative to various tax petitions
requesting suspension of taxes present-
ed for Council approval: Mrs. Katie
Miller requesting sttspeusion of the 1937
taxes on I;ots 9 and 1D of Johnston s
Sub., request grguted.' George J.
Roepsch requesting suspension of the
1937 taxes on Lot 82 of McCrauey's 1st.
Addition, request grouted; Henry 1:.
Koehler requesting suspension of the
1937 taxes on the Und. z/ of the North
23/ feet of South 7S feet of hots 1, 2,
3 of Kiene and Bloclclinger's Sub. of
Out Lot 734, request granted; Sarah
Koehler requesting suspension of the
1937 taxes on the Und. % of the North
23% feet of Sattth 7S feet of Lots 1, 2,
3 of Kiene and Blocklinger's Sub. of
Out Lot 734, request granted. Coun-
cilman Vau Duelman moved that the
decisions of the City Council ou the
various tax petitions be approved and
the Board of Supervisors to be notified
of the action of the City Council, Sec-
onded by Councilman Murphy. Cat•-
ried by the following vote: Yeas-
Mayor Clark, Councilmen Murphy,
Thompson, Van Duelman, Wharton.
Nays-None.
There being no further business
Councilman Van Duelman moved to
adjourn. Seconded by Councilman
Thompson. Carried by the following
dote: Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton. Nays-None.
J. J. SH1~A,
City Clerk.
Approved _____________________ 1939•
Adopted _______________________ 1939•
Cowtcilmen : ; -----------------------
Attest: ---------------- ------------
City Clerk.
Special Session November 10th, 1938. 249
City Council
(Official)
Special Session, November 10th, 1938.
Council met at 8:00 P. M.
Present-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton, 'City Manager Rhomberg.
Meeting called by order of Councilmen
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 considering the bids sub-
mitted for the drilling, casing, sealing
and testing of a New Deep Well locat-
ed on I,ot 503 or S04 of Ham's Addi-
tion and acting on any other business
as may properly come before a regular
meeting of the City Council.
Proof of publication, certified to by
the publishers, of the official notice to
contractors of the receipt of bids for
Water Wot•ks Improvements-City of
Dubuque, Iowa, presented and read.
Councilman Murphy moved that the
proof of publication be received and
filed, Seconded by Councilman Thomp-
son. Carried by the following vote:
Yeas-Mayor Clark, Councilmen Mur-
phy, Thompson, Van Duelman, Whar-
ton. Nays-None.
November 10th, 1938.
To the Honorable Mayor
and City CounciL•
Gentlemen:
Pursuant to Resolution No, 113-38
adopted by the City Council on Octo-
Uer 24, 1938, sealed bids were received
and opened at 10 o'clock A. M. Novem-
ber 10, 1938, for the drilling, casing,
sealing attd testing of a new deep well
as a part of PWA Project 1684E for
the improvements to the Water Works
System,
Attached hereto is a tabulation of the
six bids received. No irregularities
were found in any of the proposals.
We recommend that the contract fot•
construction of the new deep well be
awarded to C. W. Varner, of Dubuque,
Iowa, his being the lowest and best
bid received.
Respectfully submitted,
A. A. RHOMB$RG,
City Manager.
J. J. HAIL„
Superintendent: Water Works.
Councilman Thompson moved that
the recommendation of City Manager
Rhomberg and Supt. of Water Wot•ks
Hail be approved. Seconded by Coun-
cilman Wharton, Carried by the fol-
lowing vote: Yeas-Mayor Clark,
Councilmen Murphy, Thompson, Van
Duelman, Wharton. Nays-None,
Resolution No. 123-38.
Be It Resolved by the City Council,
of the City of Dubuque, Iowa:
Whereas, the City of Dubuque, Iowa,
has received bids for the Drilling, Cas-
ing, Sealing and Testing of a New Well,
located on Lot S03 or 504, Part of
Ham's Addition, and
Whereas, the bid of C. W. Vaster as
shown on items 1 to 11 inclusive and
subject to substitute items 12 and 13
for the sum of $17,542.00 is the lowest
and best bid received for such work,
Now, Therefore, Be It Resoh~ed, that
the contract for such work be awarded
to C. W, Varner for the sum of $17,-
542.00, such amount being determined
by the acceptance of the base bid. Pro-
vided, however, that this award shall
not be effective until the C. W. Varner
shall have been notified itt writing by
the City Manager, of such award.
Be It Further Resolved that this
resolution being deemed urgent and of
immediate necessity become effective
front and after its final passage and
adoption by the City Council.
Approved and placed on file for one
week on November 10th, 1938.
Councilman Wharton moved that the
resolution be approved and ordered
placed on file in the office of the City
Clerk for public inspection for at least
one week. Seconded by Councilman
Murphy. Carried by the following
vote: Yeas-Mayor Clark, Councilmen
Mut•phy, Thompson, Van Duelman,
1Vharton. Nays-None.
Petition of Sydney Haudettshield,
Administrator of the );state of Jacob
$ntringer, deceased, requesting a com-
promise settlement of the special assess-
ment levied against the $ast 30 feet of
Lot 1 of Breakey's Addition in an
amount of $47.64, presented attd read.
Councilman Van Duelman moved to
refer the petition to the City Manager
for investigation and report. Seconded
by Couttctlman Murphy. Carried by
the following vote: Yeas-Mayor
Clark, Councilmen Murphy, Thompson,
Vau Duelman, Wharton. Nays-None.
There being no further business
Councilman Van Duelman moved to
adjourn. Seconded by Councilman
Thompson. Carried by the following
vote: Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
What•ton. Nays-None.
J• J• SH1;A,
City Clerk.
Approved ---------------------- 1939.
Adopted ----------------------- 1939.
Councilmen: ~______
Attest: ----------------------
City Clerk.
250
Session, November 17th, 1938.
City Council
Official.
Special Session, November 17th, 1938.
Council met at 8:00 P. M,
Present-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton, City 'Manager Rhomberg.
Meeting called by order of Councilmen
Murphy and Thompson.
Mayor Clark read the call and stated
that service thereof had been duly made
and that this meeting is called for the
purpose of considering for final adop-
tion Resolution No. 123-38. A reso-
lution awarding the contract for the
drilling, casing, sealing and testing of
a New Deep Well located on Lot S03
or 504, Part of Ham's Addition, to
C. W. Varner, said resolution having
been approved on November 1Dth, 1938,
and ordered placed on file in the office
of the City Clerk for public inspection
for at least one week and acting on any
other business as may properly come
before a regular meeting of the City
Council.
Notice of Claim of Julius Bonz in the
sum of $500.00 for personal injuries re-
ceived when confined in the city jail on
October 22nd,1938,where he was bitten
and infected by bites from vermin and
insects, presented and read. Council-
man Murphy moved to suspend the
rules for the purpose of allowing any
one present in the Council Chamber,
who wishes to do so, to address the
Council. Seconded by Councilman
Van Duelman. Carried by the follow-
ing vote: Yeas-Mayor Clark, Coun-
cilmen Murphy, Thompson, Van Duel-
man, Wharton, Nays-None. Attor-
ney John A, Cunningham addressed
the Council relative to the claim of
Julius Bonz and requested that the
Council give this claim their careful
consideration. Councilman Wharton
moved to refer the Notice of Claim of
Julius Bonz to the City Solicitor for
investigation and report, Seconded by
Councilman Thompson. Carried by
the following vote: Yeas-Mayor
Clark, Councilmen Murphy, Thompson,
Van Duelman, Wharton. Nays-None.
Mr. Jackson M. Marshall addressed
the Council requesting that the petition
of the Dubuque Pacleing'Company now
before the Council in which they re-
quest the use of additional sidewalk
space and streets and alleys, be denied,
and further objecting to the improve-
ments now under construction by the
Dubuque Packing Company for which
no permission has been granted by the
City of Dubuque and which improve-
ments are a violation of the City Ordi-
nances, Mr, and Mrs. Jacob Benda
addressed the Council suggesting that
a meeting be arranged, as proposed by
Mayor Clark, with the Dubuque Pack-
ing Company in order that they may
be able to sell their property to the
Dubuque Packing Company as under
the present conditions they are hem-
med in by the improvements made by
the Packing Company and are willing
to dispose of their property. Council-
man Murphy moved that the City
Manager and City Solicitor be instruct-
ed to make arrangements for the hold-
ing of a meeting between the City
Council, the officials of the Dubuque
Packing Company, and Mr, Jackson
M. Marshall and Mr, and Mrs. James
Benda for the purpose of effecting a
settlement of the verbal objections sub-
mitted to the City Council by the above
mentioned property owners to the use
of the streets, alleys and sidewalk space
by the Dubuque Packing Company and
also to the improvements now under
construction by said Dubuque Packing
Company for which no permission has
been granted by the City of Dubuque
and which improvements are a violation
of the city ordinances. Seconded by
Councilman Van Duelman, Carried by
the following vote: Yeas-Mayor Clark,
Councilmen Murphy, Thompson, Van
Duelman, Wharton. Nays-None.
Notice of Mr, John Kemp in the
amount of $4,40 for damages to his
automobile caused in striking a hole
iu the street in the 900 block at Rush
Street presented and read. Councilman
Van Duelman moved to refer the No-
tice of Claim to the City Solicitor. Sec-
onded by Councilman Murphy. Car-
ried by the following vote: Yeas-
Mayor Clark, Councilmen Murphy,
Thompson, Van Duelman, Wharton,
Nays-None.
Notice of Claim of Mrs. J. V. Ro-
schitsch in the amount of $500.00 for
personal injuries rceeived in a fall on a
broken sidewalk and driveway in front
of S45 Kaufmann Avenue presented and
read. Councilman Van Duelman moved
to refer the Notice of Claim to the City
Solicitor. Seconded by Councilman
Murphy. Carried by the following
vote: Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton. Nays-None.
Petition of Retail Merchants' Bureau
requesting permission for the holding
of a street parade on November 25th and
that a motorcycle escort be furnished
for the parade and that policemen be
furnished to regulate traffic and that
parking be eliminated on Main Street
until after the parade is over and that
the streets be roped off, also that a
portion of Seventh Street between Lo-
cust and Bluff Streets be blocked off
for the location of a cabin and that po-
licemen be stationed at the cabin to
help control crowds, also that the city
assume the cost of current for the oper-
ation of a loud speaker, also that a City
)~lectrician be provided for the placing
of fuse block connection at or near the
location of the cabin in Washington
Special Session, November 17th, 1938. 251
Park, also that permission be granted
for the erection of Christmas lighting
decorations at the intersections on Main
Street from Fourth to Tenth Streets
inclusive and on Sight Avenue from
Iowa to Bluff Streets inclusive and that
the city assume the cost of current for
the extra lights to be placed in the
business district from November 24th,
1938, to January 2nd, 1939, presented
and read. Councilman Wharton moved
that the requests be granted with the
provision that a Public Liability Bond
be furnished covering the liability ou
the erection of the Christmas lighting
decorations on both the public streets
and the public park and that it be un-
derstood that the Police Officers to be
used to regulate the traffic shall be the
Police Officers who are on duty at the
time. Seconded by Councilman Van
Duelman. Carried by the following
vote: Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton. Nays-None.
Petition of Roshek Realty Company
requesting the City Council to work out
some kind of a guard to protect the
fence surrounding their property on
Seventh Street between Main and Lo-
cust Streets presented and read. Coun-
cilman Murphy moved to refer the pe-
tition to the City Manager for investi-
gation and report. Seconded by Coun-
cilman Wharton. Carried by the fol-
lowing vote: Yeas-Mayor Clark,
Councilmen Murphy, Thompson, Van
Duelman, Wharton. Nays-None.
Petition of Frank Seeley, referred to
the City Council by the Board of Su-
pervisors, requesting the suspension of
the 1937 taxes on Lots 11 and 12, Black
S, Grandview Park Addition presented
and read. Comtcilman Murphy moved
to refer the petition to the City Solicit-
or for investigation and report, Sec-
onded by Councilman Thompson. Car-
ried by the following vote: Yeas-
Mayor Clark, Councilmen Murphy,
Thompson, Van Duelman, Wharton.
Nays-None.
Petition of Frank $. Leonard, refer-
red to the City'Couucil by the Board of
Supervisors, requesting suspension of
the 1937 taxes on Lot 2 of Sub. 5 of
City Lot 720 presented and read. Coun-
cilman Murphy moved to refer the pe-
tition to the City Solicitor for investi-
gation and report. Seconded by Coun-
cilman Thompsosn, Carried by the
following vote: Yeas-Mayor •Clark,
Councilmen Murphy, Thompson, Vau
Duelman, Wharton, Nays-None.
November 12, 1938.
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen:
I herewith submit the reports of
the City Auditor, City Treasurer,• and
City Water Department for the month
of October, 1938, also a list of claims
and list of payrolls for which warrants
were drawn during the month of Octo-
ber, 1938.
Respectfully submitted,
A. A, RHOMB$RG,
City Manager.
Councilman Murphy moved that
the reports be received and placed on
file. Seconded by Councilman Thomp-
son. Carried by the fallowing vote:
Yeas-Mayor Clark, Councilmen Mur-
phy, Thompson, Van Duelman, Whar-
ton. Nays-None.
November 17, 1938.
To the Honorable Mayor and
City Council, Dubuque, Iowa.
Gentlemen:
This is to advise that I have approv-
ed the following bonds and policy and
desire to have your approval on same
for filing:
1;XCAVATION
Seubert and Fester, 1603 Central Ave-
nue, Commercial Casualty Insurance
Co.
George F, Pinski, 48S - 8th Avenue, The
Fidelity & Casualty Co.
Frank G. Braconier, 1091 Julien Ave-
nue, Policy No. Y$ 3344, London
Guarantee and Accident Co.
Respectfully submitted;
A. A. RHOMB$RG,
City Manager.
Councilman Wharton moved that the
bonds and policies be approved and
placed on file. Seconded by Council-
man Van Duelman. Carried by the fol-
lowing vote: Yeas-Mayor Clark,
Councilmen Murphy, Thompson, Van
Duelman, Wharton. Nays-None.
City of Dubuque, Iowa.
Resolution No, 123-3B.
Be It Resolved by the City Council,
of the City of Dubuque, Iowa:
Whereas, the City of Dubuque, Iowa,
has received bids for the Drilling, Cas-
ing, Sealing and Testing a New Well,
located on Lot 503 or 504, Part of
Ham's Addition, and
Whereas, the bid of C. W. Varner as
shown on items 1 to 11 inclusive and
subject to substitute items 12 and 13
for the sum of $17,542.00 is the lowest
and best bid received,for such mork,
Now, Therefore, Be It Resolved, that
the contract for such work be awarded
to C. W. Varner for the sum of $17,-
542,00, such amount being determined
by the acceptance of the base bid. Pro-
vided, however, that this award shall
not be effective until C. W. Varner
shall have been notified in writing by
the City Manager, of such award.
Be It Further Resolved that this
resolution being deemed urgent and of
immediate necessity become effective
from and after its final passage and
adoption by the City Council.
Approved and placed on file for one
week on November 10th, 1938.
Passed and adopted this 17th day of
November, 1938.
292 Special Session, November 17th, 1938,
CARL, A. CLARK, Mayor.
FRANK VAN DUEI,MAN,
ALBERT WHARTON,
GEO. R. MURPHY,
F, W, THOMPSON,
Councilmen.
Attest: j. J. SHEA, City Clerk.
Councilman Wharton moved the
adoption of the resolution. Seconded
by Councilman Van Duelman. Carried
by the following vote: Yeas-Mayor
Clark, Councilmen Murphy, Thomp-
son, Van Duelman, Wharton, Nays-
None.
Councilman Thompson moved that
the decision of the City Council in
gt•ahting the petition of the Trustees
of the property of the Chicago, Mil-
waukee, St, Paul and Pacific Railroad
Company, as modified, requesting the
vacation of certain streets and alleys,
be approved, and also that the recom-
mendation of the Planning and Zoning
Commission on said petition be made a
matter of record and also that the City
Solicitor be instructed to prepare a
proper ordinance covering said vaca-
tion. Seconded by Councilman Mur-
phy. Carried by the following vote:
Yeas-Mayor Clarlc, 'Councilmen Mur-
phy, Thompson, Van Duelman, Whar-
ton. Nays-None.
September 23, 1938.
Honorable Mayor and
City Council, City of Dubuque, Iowa,
Gentlemen:
With reference to the attached peti-
tion of the Receivers of the Chicago,
Milwaukee, St. Pau] and Pacific Rail-
road, asking vacation of certain streets
and alleys east of their present Shops
property, the Planning ,and Zoning
Commission recommends to your hon-
orable body that the petition be grant-
ed on such terms as the City Council
thinks proper, with special reference to
the protection of City interests itt the
development of river industrial prop-
erty in conformity with the 11~Iaster
Plan of the City of Dubuque.
Respectfull}~ submitted,
R. V. McKAY, Secretary,
Dubuque Plam»ng and
Zoning Commission.
Councilman Van Duelman moved
that the petition of Peter H. McCar-
thy requesting that the petition of the
Trustees of the property of the Chicago,
Milwaukee, St. Paul & Pacific Railroad
Company, now before the City Council,
asking far the vacation of additional
streets and alleys in the vicinity of the
shops and adjoining their present prop-
erty be denied,. and also that the City
Solicitor be instructed to begin au im-
mediate action in the courts to test
the rights of the City of Dubuque un-
der the terms of an ordinance of March
14th, 1881, he received and filed. Sec-
onded by Councilman Murphy. Car-
ried by the following vote: Yeas-
Mayor Clark, Councilman 14lurphy,
Thompson, Van Duelman, Wharton.
Nays-None.
Ordinance No. 27-1938. An Ordi-
nance vacating certain designated
streets or parts of streets and alleys in
Railroad Addition and in Wiltse's Du-
buque, in City of Dubuque, Iowa, and
granting and conveying said vacated
streets or parts of streets and alleys to
the Chicago, Milwaukee, St. Paul acrd
Pacific Railroad Company, its success-
ors and assigns, presented and read.
Coutrcilman Van Duelman moved that
the reading just had be considered the
first reading of the ordinance, Second-
ed by Councilman Wharton. Carried
by the following vote: Yeas-Mayor
Clark, Councilmen Murphy, Thomp-
son, 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, Secohded 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 considered the
second reading of the ordinance. Sec-
onded by Councilman Wharton. Car-
ried by the following vote: Yeas-
Mayor Clark, Councilmen Murphy,
Thompson, Van Duelman, Wharton,
Nays-None.
Councilman Murphy moved that the
petition of Joe Fessler requesting sus-
pension of the second half of the 1937
taxes on hots 40 and 74 of Belmont
Addition be granted and the Board of
Supervisors to be notified of the action
of the City Council, 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 Vau Duelman moved to
adjourn. Seconded by Councilman
Thompson. Carried by the following
vote: Yeas-Mayor Clark, Couticilmeu
Murphy, Thompson, Vau Duelman,
Wharton. Nays-None,
J. J. SHEA,
City Clerk.
Approved ____________________ 1939.
Adopted _____________________ 1939.
Councilmen: !_______-_.~
Attest: -----------------------------
City Clerk.
Special Session, November 28th, 1938. 253
City Council
(Official,)
Special Session, November 28th, 193E
Council met at 8:00 P. M.
Present-Mayor Clark, Councilme.
Murphy, Thompson, Van Duelman
Wharton, City Manager Rhomberg.
Meeting called by order of Council
men Van Duelman and Wharton.
Mayor Clarlc read the call and states
that service thereof had been duly mad
and that this meeting is called for the
purpose of conducting a public hearing
upon a proposal to amend and change
the Zoning Map of said City of Du
buque by changing from "Single Fam
sly Residence District" to "Local Busi
Hess District" all of that part of I,ot
of I,ot 1 of I,ot 1 of Mineral I,ot 12, it
the City of Dubuque, not ah•eady deter
mined and deliminted as a "Local Busi
Hess District," and by extending saic
"Local Business District" easterly tc
the center line of Rowan Street ani
southerly to the centet• line of Scully
Street and acting on any other busiues~
as may properly come 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 apro-
posal to amend and change the Zoning
Map of said City by changing from
"Single Family Residence District" tc
"L,ocal Business District" all of that
part of I,ot 1 of I,ot 1 of I,ot 1 of Min-
eral I,ot 12 in the City of Dubuque not
already•determined and delimited as a
"Local Business District" and by ex-
tending said "Local Business District"
easterly to the center line of Rowan
Street and southerly to the center line
of Scully Street presented and read.
Councilman Murphy moved that the
proof of publication be received and
filed. Seconded by Councilman Thomp-
son. Carried by the following vote:
Yeas-Mayor Clark, Councilmen Mur-
phy, Thompson, Van Duelman, Whar-
ton. Nays-Noce.
Councilman Thompson moved to sus-
pend the rules for the purpose of al-
lowing any otte present in the Council
Chamber, who wishes to do so, to ad-
dress the Councih Seconded by Coun-
cilman Murphy. Carried by the fol-
lowing vote: Yeas-Mayor Clark,
Councilmen Murphy, Thompson, Van
Duelman, Wharton. Nays-None. Mr.
J. Howard Schiltz addressed the Coun-
cil requesting that his claim in the
amount of $28.35 for damages to his
automobile caused in striking the
curbing and electric light pole on
the southeast corner of Bt•yant
and Dodge Streets said accident being
due to the slippery condition of the
street, be allowed. Councilman Whar-
ton moved that the matter of the claim
of J. Howard Schiltz be referred to the
City Solicitor for investigation and re-
port. Seconded by Councilman Van
Duelman. Carried by the following
vote: Yeas-Mayor Clark, Councilmen
Murphy, Thompson, Van Duelman,
Wharton. Nays-None.
Ordinance 28-38. An ordinance
amending and changing the Zoning
Map of the City of Dubuque, as pro-
vided for by Ordinance No. 3-34, des-
ignated, "Zoning Ordinance of the City
of Dubuque," so as to change to "Local
Business District," certain defined prop-
erty now delimited as "Single Family
Residence District," and declaring an
emergency presented and read. Coun-
cilman Van Duelman moved that the
reading just had be considered the first
reading of the ordinance. Seconded by
Coutrcilman Wharton. Carried by the
following vote: Yeas-Nfayor Clark,
Councilmen Murphy, Thompson, Vau
Duelman, Wharton. Nays-None.
Councilman Van Duelman moved that
the rules be suspended requiring an
ordinance to be read on three separate
days. Seconded by Councilman Whar-
ton Carried by the following vote:
Yeas-Mayor Clark, Councilmen Mur-
phy, Thompson, Van Duelman, What•-
ton. Nays-Notre, The ordinance was
then read a second time, Councilman
Van Duelman moved that the reading
just had be considered the second read-
ittg of the ordinance. Seconded by
Councilman Wharton, Carried by the
following vote: Yeas-Mayor Clark,
Councilmen Murphy, Thompson, Van
Duelman, Wharton. Nays-None.
Petition of Kies & Butler et al sub-
mitting an ordinance with reference to
licensing auctioneers and the like and
requesting that the same be enacted
into a legal ordinance presented and
read. Councilman Thompson moved
that the request be granted and that the
City Solicitor be instructed to prepare
an ordinance covering the same. Sec-
onded by Councilman Murphy. Car-
ried by the following vote: Yeas-
Mayor Clark, Councilmen Murphy,
Thompson, Van Duelman, Wharton.
Nays-None.
Ordinance No. 29-38. An ordinance
amending an ordinance entitled, "Or-
dinance 4-1933." "An ordinance pro-
viding that certain business and voca-
tions conducted in the City of Du-
buque shall be licensed; fixing the li-
cense fee therefor; defining terms em-
ployed; prescribing the regulations
which shall apply to businesses and vo-
cations required to be licensed; repeal-
ing all ordinances or parts of ordin-
a»ces in conflict herewith; and pre-
scribing apenalty for violation here-
of," by repealing that part of Section 1,
Par. 309 thereof, and paragraphs 1, 2,
3, 4, S, 6, 7, 8, and 9 of said Section 1
thereof, relating to auctioneers, and en-
acting substitutes therefor, presented
and read. Councilman Van Duelman
254 Special Session, November 28th, 1938, - Special Session, November 28th, 1938, 255
moved that the reading just had be con-
sidered the first reading of the ordin-
ance, Seconded by Councilman Mur-
phy. Carried by the following vote:
Yeas-Mayor Clark, Councilmen Mur-
phy, Thompson, Van Duelman, Whar- '
ton. Nays-None, Councilman Van
Duelman moved that the rules be sus-
pended requiring an ordinance to be
read on three separate days, Seconded
by Councilman Murphy. Carried by
the following vote: Yeas-Mayor
Clark, Councilmen Murphy, Thomp-
son, Van Duelman, Wharton. Nays-
None. The ordinance was then read a
second time. Councilman Van Duel-
man moved that the reading just had
be considered the second reading of
the ordinance. Seconded by Council-
man Murphy. Carried by the follow-
ing vote: Yeas-Mayor Clark, Coun-
cilmen Murphy, Thompson, Van Duel-
man, Wharton, Nays-None, _
Petition of .Caroline Eleanora Mar-
shall, Executrix of the Estate of Harry
E. Marshall, Deceased, and Jackson M.
Marshall, Operator of the Marshall
Boiler Works, objecting to the private
use of streets and alley and the closing
of the same for any such private use by
the Dubuque Packing Company and
requesting that the petition of the Du-
buque Packing Company for the pri-
vate use of streets and alley be denied
and not granted presented and read.
Councilman Van Duelman moved to
refer the petition to the City Council.
Seconded by Councilman Murphy.
Carried by the following vote: Yeas-
Mayor Clark, Councilmen Murphy,
Thompson, Van Duelman, Wharton.
Nays-None.
Petition of Gertrude Waldorf, re-
ferred to the City Council by the Board
of Supervisors, requesting suspension
of the 1937 taxes on I,ot 81 of I,ang-
worthy's Addition presented and read.
Councilman Murphy moved to refer
the petition to the 'City Solicitor for
information and report. Seconded by
Councilman Thompson, Carried by the
following vote: Yeas-Mayor Clark,
Councilman Murphy, Thompson, Van
Duelman, Wharton. Nays-None.
Council Proceedings for the month o1
September, 1938, presented for approv-
al. Councilman Thompson moved that
the Council Procedings for the month
of September, 1938, be approved as
printed. Seconded by Councilman Mur-
phy. Carried by the following vote
Yeas-Mayor Clark, Councilmen Mur~
phy, Thompson, Van Duelman, Whar
ton. Nays-None.
Ordinance 27-1938. An Ordinance
vacating certain designated streets of
parts of streets and alleys in Railroa~
Addition and in Wiltse's Dubuque, it
City of Dubuque, Iowa, and grantin€
and conveying said vacated streets m
parts of streets and alleys to the Chi
cago, tlTihvaulcee, St. Paul and Pacific
Railroad Company, its successors and
assigns, said ordinance having been
passed upon first and second readings
on November 17th, 1938, presented and
read a third time.
ORDINANCE 27-1938,
Au Ordinance vacating certain desig-
nated streets or parts of streets and al-
leys iu Railroad Addition and in Wilt-
se's Dubuque, in City of Dubuque,
Iowa, and granting and conveying said
vacated streets or parts of streets and
alleys to the Chicago, Milwaukee, St.
Paul & Pacific Railroad Company, its
successors and assigns,
WHEREAS, Henry A. Scandrett,
Walter J, Cummings aitd George I.
Haight, trustees of the property of the
Chicago, Milwaukee, St. Paul & Pacific
Railroad Company have petitioned the
Council of the City of Dubuque for the
vacation of that part of East Nine-
teenth Street from the northeasterly
line of Lynn Street to the southwester-
ly line of Marsh Street, and between
Blocks 12, 13, 16 and 17 of Railroad
Addition; the alley in Block 13 of Rail-
road Addition, extending from East
Eighteenth Street to East Nineteenth
Street; the alley in Block 16 of Rail-
road Addition, extending from East
Eighteenth Street to East Nineteenth
Street; that part of Ash Street extend-
ing from the northwesterly line of East
Eighteenth Street to the southeasterly
lice of I,ot 19 in Block 12 and of I,ot 6
in Block 17, of Railroad Addition; that
part of the alley in Block 17, Railroad
Addition, extending from East Nine-
teenth Street to the northwesterly line
of I,ot 7 and I,ot 18 in said Block 17;
that part of Marsh Street (formerly
Willow Street) extending from the
northwesterly line of East Nineteenth
Street to the southeasterly line of East
Twentieth Street and lying between
Block 17 and Block 21 of said Railroad
Addition; that part of Twentieth Street
in Railroad Addition extending from
the southwesterly line of 11larsh street
(formerly Willow Street) to the south-
westerly line of Hickory Street (for-
merly Birch Street); the alley in Block
21, Railroad Addition extending from
the northwesterly line of East Nine-
teenth Street to the southeasterly line
of East Twentieth Street; that part of
Hickory Street (formerly Birch Street)
between Block 20 and Block 27 of Rail-
road Addition and between Blocks 1, 2,
3, and 4, Wiltse's Dubuque, an addition
to the City of Dubuque ,and extending
from the northwesterly line of East
Twentieth Street to the northwesterly
end of said Hickory Street; the alley
in Bloclc 27, Railroad Addition and
Block 3, Wiltse's Dubuque, and extend-
ing front the northwesterly line of East
Twentieth Street to the southeasterly
lice of East Twenty-first Street; that
part of East Twenty-first Street be-
tween Blocks 3 and 4 of Wiltse's Du-
buque, and extending from the north-
easterly line of Hickory Street (former-
ly Birch Street) to the southwesterly
line of Brook Street (formerly Hickory
Street) ; and the alley in Block 4 of
Wiltse's Dubuque extending from the
northwesterly line of Twenty-first
Street to the northwesterly end of said
alley; and,
WHEREAS, said petition has been
submitted to the Planning and Zoning
Commission for its recommendation or
approval, and said Planning and Zoning
Commission has filed its recommenda-
tion with this Council, wherein it rec-
ommends the granting of said petition;
and
WHEREAS, the Chicago, Milwau-
kee, St. Paul & Pacific Railroad Com-
pany is the owner of all of the real es-
tate abutting upon and adjacent to the
streets and alleys herein vacated; and
WHEREAS, said portions of said
streets and alleys herein vacated are
low and mostly under water and are
not used or needed for public travel or
convenience and portions of other
streets and alleys adjacent thereto, hav-
ing been heretofore vacated. and
WHEREAS, the 'Chicago, Milwau-
kee, St. Paul & Pacific Railroad Com-
pany is desirous of filling in said por-
tions of streets and alleys herein va-
cated to grade and of filling in the abut-
ting and adjacent lots owned by it, in
order to provide suitable locations for
stew industries, and to aid in the devel-
opment of industrial properties; and
WHEREAS, it is contemplated that
upon the vacating of said portions of
said streets and alleys herein made and
the conveying of the vacated portions
thereof to the Chicago, Milwaukee, St.
Paul & Pacific Railroad Company,
there will be located and established
within five years from and after the
adoption and effective date of this Ordi-
nance, upon the real estate owned by
said company within the area com-
prising said vacated streets and al-
leys and/or upon other real estate
adjacent thereto and owned by said
company, at least one new indus-
try, not at the present time located in
the City of Dubuque, and upon that
express condition the City of Dubuque
has deemed it advisable to grant and
convey the vacated portions of said
streets and alleys to said Chicago, Mil-
waukee, St. Paul & Pacific Railroad
Company, and,
WHEREAS, said Chicago, 11lilwau-
kee, St. Paul & Pacific Railroad Com-
pany has agreed to assume and pay the
cost of publication of this Ordinance.
NOW, THEREFORE,
Be It Ordained by the City Council
of the City of Dubuque:
Par. 725, Section 1, That that part of
East Nineteenth Street from the north-
easterly line of Lynn Street to the
southwesterly line of Marsh Street, and
between Block 12, 13, 16 and 17 of
Railroad Addition; the alley in Block
13 of Railroad Addition, extending from
East Eighteenth Street to Toast Nine-
teenth Street; the alley in Block 16 of
Railroad Addition, extending from Toast
Eighteenth Street to East Nineteenth
Street; that part of Ash Street extend-
ing from the northwesterly line of East
Eighteenth Street to the southeasterly
line of I,ot 19, in Block 12 and of I,ot
6 in Block 17, of Railroad Additiori;
that part of the alley in Black 17, Rail-
road Addition, extending from East
Nineteenth Street to the northwesterly
line of I,ot 7 and I,ot 18 in said Block
17; that part of Marsh Street (former-
ly Willow Street) extending from the
northwesterly line of East Nineteenth
Street to the southeasterly line of East
Twentieth Street and lying between
Block 17 and Block 21 of said Railroad
Addition; that part of Twentieth Street
in Railroad Addition extending from
the southwesterly line of Marsh Street
(formerly Willow Street) to the south-
westerly line of Hickory Street (for-
merly Birch Street); the alley in Block
21, Railroad Addition extending from
the northwesterly line of East Nine-
teenth Street to the southeasterly line
of East Twentieth Street; that part of
Hickory Street (formerly Birch Street)
between Block 20 and Block 27 of Rail
road Addition and between Blocks 1,
2, 3, and 4, Wiltse's Dubuque, apt addi-
tion to the City of Dubuque, and ex-
tending from the northwesterly line of
East Twentieth Street to the northwes-
terly end of said Hickory Street; the
alley in Block 27, Railroad Addition
and Block 3, Wiltse's Dubuque, and ex-
tending from the northwesterly line of
East Twentieth Street to the south-
easterly line of East Twenty-first
Street; that part of East Twenty-first
Street between Blocks 3 and 4 of Wilt-
se's Dubuque, and extending from the
northeasterly line of Hickory Street
(formerly Birch Street) to the south-
westerly line of Brook Street (formerly
Hickory Street); and the alley in Block
4 of Wiltse's Dubuque extending from
the northwesterly line of Twenty-first
Street to the northwesterly end of said
alley, 6e, and the same are hereby va-
cated and annulled.
Par. 726, Section 2. That, upon the
express condition set out in Par. 727,
Section 3, of this ordinance, and in
consideration of the Chicago, Milwau-
kee, St. Paul and Pacific Railroad Com-
pany assuming and paying the cost of
publication of this ordinance, said por-
tions of said streets and alleys herei~t
vacated, and herinbefore described, be,
and the same are hereby granted and
conveyed, to said Chicago, Milwaukee,
St. Paul & Pacific Railroad Company,
its successors and assigns.
Par. 727, Section 3. That, if at least
otte new industry other than an indus-
256 Special Session, November 28th, 1938.
try now located in the City of Dubuque,
is not located and established within the
area comprising said vacated portions
of said streets and alleys, herein vacat-
ed, and/or upon other real estate, ad-
jacent thereto, owned by said company,
within five years from and after the
adoption and effective date of this or-
dinance, then, and in that event, the
title to said vacated portions of said
streets and alleys herein vacated and
conveyed to said Chicago, Milwaukee,
St. Paul and Pacific Railroad Company,
its successors and assigns, shall revert
to and revest in the City of Dubuque
for street purposes the same as if this
ordinance had not been adopted.
Par. 728, Section 4. That, upon the
acceptance of this ordinance by said
Chicago, Milwaukee, St. Paul attd Pa-
cific Railroad Company, the Citp Clerk
be, and he is hereby directe of said oar
record a duly certified copy
dinance in the office of the Recorder of
Dubuque County, Iowa.
Par. 729, Section S. This Ordinance
shall be in force and effect ten (10)
days from and after its passage and
final adoption by the City Council and
publication as provided by law, and the
rights hereunder shall accrue to said
Chicagot Milwaukee, St. Paul and Pa-
cific Ratlroad Company, its successors
and assigns when the provisions hereof
shall have been accepted by said com-
pany.
Passed upon first and second read-
ings this 17th day of November, 1938.
Passed, adopted and approved, upon
final reading, this 28th day of Novem-
ber, 1938.
CARL A. CLARK, Mayor.
FRANK VAN DUIaLMAN,
ALB$RT WHARTON,
G1a0. R. MURPHY,
F. W. THOMPSON,
Councilmen.
Attest: J. J. SH1aA,
-City Clerlc.
ACCEPTANCE OF ORDINANCE
No. 27-38.
The Chicago, Milwaukee, St. Paul
and Pacific Railroad Company does
hereby accept all of the terms, condi-
tions, and provisions of an ordinance
adapted by the City Council of the City
of Dubuque on the 28th day of Novem-
ber, 1938, and entitled:
'Ordinance No. 27-38, an Ordi-
nance vacating certain designated
streets or parts of streets and alleys in
Railroad Addition and in Wiltse's Du-
buque, in the City of Dubuque, Iowa,
and granting and conveying said va-
cated streets or parts of streets attd al-
leys to the Chicago, Milwaukee, St.
Paul and Pacific Railroad Company,"
Dated this 29th day of November,
1938,
Chicago, Milwaukee, St. Pau] and
Pacific Railroad Company,
By J. T, GILLICI{,
Vice President.
T. W. BURTNESS,
Secretary.
(Seal of Chicago, Milwaukee, St.
Paul and Pacific Railroad Company,
Incorporated 1927, Wisconsin,)
Published officially in The Telegraph-
Herald newspaper December 1st, 1938,
J. J. SH$A,
12-1-1t City Clerk.
Councilman Van Duelman moved the
adoption of the ordinance. Seconded
by Comtcilman Wharton. Carried by
the follownig vote: Yeas-Mayor
Clark, Councilten Murphy, Thompson,
Van Duelman, Whartmt. Nays-None.
Report of the Board of Health for
the month of October, 1938, presented.
Councilman Whartou moved that the
report of the Board of Health for the
month of October, 1938, be received
attd placed ott file, Seconded by Coun-
cilman Murphy. Carried by the folloty-
iug vote: Yeas-14ayor Clark, Coun-
cilmen Murphy, Thompson, Van Duel-
man, 1AThartou, Nays-None.
November 23, 1938.
To the Honorable t1~Iayor and
City Council, Dubuque, Iowa.
Gentlemen:
This is to advise that I have ap-
proved the following bonds and poli-
cies and desire to have your approval
on same for filing:
SIGNS
Morris B. Flick, 5 Nest 8th Avenue,
Fidelity and Deposit Company of
Maryland,
B. & G. Battery and Ialectric Company,
1084-9D Iowa Street, The Ohio'Casu-
alty Lts, Company, Policy Number
NL 5701.
G. R. Kinney Co., Inc., et al, 600 Main
Street, The 1~mployers' Liability As-
surance Corporation, Ltd., Policy
Number GLPL-413067.
Ward ft4arket, 1876 Central Avenue, Bi-
tuminous Casualty Corporation, Pol-
icy Number OLT-20281.
Western Union Telegraph Co., 490
Main Street, Fire and Life Assur-
ance Corporation, Policy Number G-
IA.-699806.
Lillian Luckert & Nora James, 1078
Main Street, Fireman's Fund Indem-
nity Company, Policy Number OLT-
36142.
$llen E. 1llurphy, et al, N. W. Corner
of 18th & Central Ave., Massachusetts
Bonding & Ins, Company, GP'L-
108397.
McDougal Motor Company, 250 Iowa
Street, The Hoosier Casualty Com-
pany, GL No. 3439.
Roehl-Phillips Furniture Company, 576-
584 Main Street, The Travelers In-
demnity Company, KHP-44991,
Special Session, November 28th, 1938. 257
George Rath & Sons, et al, 12th &
Central Avenue, Fire and Life As-
surance Corporation, Policy No. G-
Ia. 699804.
F. A. Nesler & Son, 1732 Central Ave-
nue, Fire and Life Assurance Cor-
poration, Policy No. G-Ia. 699807.
R. J. Q.uiglati au_d Mrs. Margaret Quin-
lan, 1'lth and White Streets, Shelby
Mutual Plafe Glass and "Casualty
Cot>,tpauy, Policy Number MPL-1168.
L. F. Rolling, 25S 8th Avenue,
Nety ~tnsterdam Cas"ualty Company,
1•. O. I;. 1787.
L. L. Coryell & Son, 7th & Iowa
Streets, Bituminous Casualty Cor-
poration, Policy No. OLT-20240.
Singer Sewing Machine Co., 58S Main
Street; Bituminous Casualty Com-
pany, Policy Number OLT-20282.
Karl J. Page, et al, 7S 1Vest Fourth
Street, Massachusetts Bonding & Ins.
Canpany, Policy Number GPL-
108421.
Louis Rotman, 301-335 Iowa Street,
The Hoosier Casualty Company,
Policy Number GL No. 3441.
E. P. Kretz, 498 Main Street, Iowa
Owners' and Tenants' Public Liabil-
ity Policy, Policy No. IOT-1813.
$dtvard Graham and Sons, et al, 84S
Main Street, Great American Indem-
nity Company, Policy No. IGB-3796.
Carl F. Hartman, 872 14lain Street,
Iowa Owners', Landlords' and Ten-
ants' Public Liability Policy Number
OLT 22202313.
Grand Opera House, Inc., et al, 261-8th
Avenue, Eagle Indemnity Company,
Policy Number LDI-1220.
Walther Dairy Products, 83 Locust
Street, Great American Indemnity
Company, Policy Number ILO-
SS863,
$. L. Scheppele, et al, 1420 Central
Avenue, Massachusetts Bonding &
Insurance Co., Policy Number GPL-
108363,
Edward B. Tegeler, 2301-2307 Central
Avenue, The Hoosier Casualty Com-
pany, Policy Number GL No. 3438.
Johnson High Test Oil Company, Co-
lumbia Casualty Company, Policy
Number CLI-2757. Signs at follow-
ing locations: 9th and Central Ave-
nue, 10th and Locust Streets, 801
Rhomberg Avenue, 2500 Rhomberg
Avenue, )oast Fourth Street.
Respectfully submitted,
A. A. RHOt1lB$RG,
City Manager.
Councilman Van Duelman moved
that the bonds and policies be approved
and placed on file. Seconded by Couu-',
Gilman Murphy. Carried by the fol-
lowing vote: Yeas-Mayor Clark,
Councilmen Murphy, Thompson, Van
Duelman, Wharton. Nays-None.
Resolution No. 124-38.
1Vhereas, application for "B" Beer
Permit has been submitted to this
Council for approval and the same lias
been examined: Now, Therefore,
Be It Resolved by the Council of the
City of Dubuque that the following ap-
plication be and the same is hereby ap-
proved and it is ordered that the prem-
ises to be occu)»ed by such applicants
shall be forthwtth inspected.
Class "B" Permit
Name Address
Arthur Norton (Tt•aitsfer of
addres from 1447 Central
Aveuue)___________198 Main Street
Passed, adopted and approved this
28th day of November, 1938.
CARL A. CLARK, Mayor. "
FRANK VAN DUIaLNIAN,
ALBI•RT 1VHARTON,
G$0. R. MURPHY,
F. 1V. THOb~IPSON,
Councilmen.
Attest: J. J. SHI•A, City Clerk.
Councihnau Van Duelman moved the
adoption of the resolution, Seconded
by Cowtcilman Murphy. Carried by
the following vote: Yeas-Mayor Clark,
Councilmen Murphy„ Thompson, Van
Duelman, Wharton. Nays-None.
Resolution No. 125-38.
Whereas, heretofore application was
filed by the within named applicant
for Class "B" Beer Permit and it has
received the approval of this Council;
and
Whereas, the premises to be occupied
by him has been inspected and found
to comply with the ordinances of this
City and he has filed aproper-bond:
Now, Therefore,
Be It Resolved by the Council of the
City of Dubuque that the Manager be
and he is hereb}~ directed to issue to
the following named persona Beer
Permit.
Class "B" Permit,
Name Address
Arthur Norton (Transfer of
address froth 1447 Central
Avenue)___________198 Blain Street
Be It Further Resolved that the bond
filed by such applicant be and the
same is hereby approved.
Passed, adopted and approved this
28th day of November, 1938.
CARL A. CLAR,I{, Mayor.
FRANI{ VAN DUELMAN,
ALB);RT WHARTON,
GI30. R. MURPHY,
F. W. THOMPSON,
Councilmen,
Attest: J. J. SH$A, City Clerk.
Councilman Van Duelman moved the
adoption of the resolution. Seconded
by Councilman Wharton. Carried by
the follo}t=ing vote: Yeas-Mayor
Clark, Cotincilinen Murphy, "Thompson,
Van Duelman, Wharton. Nays-None.
258 Special Session, November 28th, 1938.
November 26, 1938.
Honorable Afayor and
City Council, Dubuque, Iowa.
Re: Claim and Suit of Vincent Sowle.
Gentlemen:
On February 8, 1938, there was filed
with the City of IIubuque, the claim of
Vincent Sowle for damages on account
of injuries alleged to have been sus-
tained by him on the 18th day of De-
cember, 1937, iu a fall from the steps
leading from Cleveland Park to Bluff
Street );xtension, iu the City of Du-
buque, said fall alleged to have been
due to the defective condition of said
steps. Tltis claim ryas, thereafter, re-
ferred to the City Solicitor for investi-
gation and report.
Thereafter, on or about April 21,
1938, suit ryas instituted by this claim-
ant against the City in the District
Court of Dubuque County, Iowa, for
damages in the sum of $20;000.00 on
account of injuries sustained in this
fall, which there alleged to have been
due to the negligence of the City of
Dubuque.
I have heretofore filed pleading in
the suit instituted iu the District Court,
and have completed investigation of
this claim, and of said suit, and find
that there is some evidence of a defect
in these steps which might he sufficient
to warrant the issue of negligence in
the part of the City being submitted to
a jury in the trial of a case, and I have
conferred with the attorney represent-
ing claimant iu this case, and have been
able to compromise and settle both the
claim and suit, including the dismissal
of the suit instituted in Court, at plain-
tiff's costs, for the sum of $199,20.
In view of the facts stated herein,
and of the condition of these steps at
the time of this accident, which condi-
tion might be considered as a culpable
defect, I respectfully recommend that
claim be allowed and the suit settled in
the sum of $199.20, and that warrant
payable to Peter 4V. Klauer, attorney
Eor Vincent 5owle be drawn in the sum
of $199.20 and delivered to him upon
execution by the said Vincent Sowle of
the receipt and release.
Respectfully submitted,
AL. J. N$LSON,
City Solicitor.
Councilman Murphy moved that the
recommendation of City Solicitor Nel-
son be approved and that a warrant in
the amount of $199.20 be ordered drawn
payable to Peter W. Klauer, attorney
for Vincent Sowle, as settlement in Eull
of the claim and suit of Vincent Sowlc,
and that said warrant be delivered to
Peter GV. Klauer upon execution by the
said Vincent Sowle of receipt and re-
lease, Seconded by Councilman Thomp-
son. Carried by the following vote:
Yeas-Mayor Clark, Councilmen ivfur-
phy, Thompson, Van Duelman, Whar-
ton. Nays-None.
Ordinance No. 30-38. An Ordin-
ante .granting to J. F, Stampfer Co., its
successors or assigns, the right to con-
struct and maintain an unloading plat-
form and enclosed entrance in the alley
abutting City Lot Twenty-nine (29) in
the town (now city) of Dubuque, Iowa;
and prescribing the conditions of such
permit, presented and read. Council-
man Van Duelman moved that the
reading just had be considered the first
readiu~ of the ordinance. Seconded by
Councilman Wharton. 'Carried by the
following vote: Yeas-Mayor Clark,
Councilmen Murphy, Thompson, Van
Duelman, Wharton. Nays-,None.
Councilman Van Duelman moved that
the rules be suspe~tded requiring an or-
dinance to be read on three separate
days. Seconded by Councilman Whar-
ton. Carried by the following vote:
Yeas-Afayor Clark, Councilmen Mur-
phy, Thompson, Van Duelman, Whar-
ton. Nays-None.
Councilman Vau Duelman moved
that the request of F. $. Leonard for
suspension of the 1937 taxes on Lot 2
of Sub. $ of City Lot 720 be granted
and that the Board of Supervisors be
notified of the action of the City Council.
Seconded by Councilman Thompson,
Carried liy the following vote: Yeas-
Mayor Clark, Councilmen bfurphy,
Thompson, Van Duelman, Wharton.
ATays-None.
Councilman Van Duelman moved
that the request of Frank Seeley for
suspension of the 1937 taxes ou Lots
11 and 12 of Block $ of Grandview Park
Addition be granted aud'that the Board
of Supervisors be notified of the action
of the City Council, 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 Van Duelman moved to
adjourn. Seconded by Councilman
Thompson. Carried 'by the following
vote: Yeas-Mayor Clark, Councilmen
Alurphy, Thompson, Van Duelman,
1Vhartou. Nays-None.
J. J. SH$A,
City Clerk.
Approved ---------------------- 1939.
Adopted ______________________ 1939.
Councilmen: i ___________
Attest: ---------------------------°--
City Clerk,