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1938 December Council ProceedingsRegular Session, December 5th, 1938. 259 City Council (Official.) Regular Session, December Sth, 1938. Council met at 8:00 P. M. Present-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton, City Manager Rhomberg. Mayor Clark stated that this is the regular monthly meeting of the City Council for the purpose of acting upon such business as may properly come before the meeting. Dubuque, Iowa, November 30, 1938, • The Honorable Mayor and City Council, Dubuque, Iowa. At a convention held on November 21, 1938, of three delegates each from ~ the following organizations: Gen Fitz- ~~ hugh Lee Camp No. 3, United Spanish i War Veterans; Leo A. Schwind Post j No. 508, Veterans of Foreign Wars; ` Dubuque Post No. 6, American Legion; ~ Fighting Back Chapter No. 6, Disabled Veterans of the World War; held for the purpose of selecting five members of the Memorial Auditorium Commis- sion as required by law, the following were duly selected as Commission- ers: Charles G. Kretschmer, Amer- icon Legion; Arnold Utzig, Veterans of Foreign Wars; Dr. Raymond M. Benn, Disabled American Veterans of World War; Thomas M. Langton, United Spanish War Veterans; The Mayor of the City of Dubuque, ex-officio; and an official copy of the minutes of the con- vention and the list of the Commission- ers selected was forwarded immediately to the City Council, duly certified. to by the Chairman and Secretary of the Convention. It then became the duty of the City Council, by resolution, to appoint these men as such Commissioners as set out in the Code of Iowa and amendments. bVe believe that the completion of this matter to be of urgent necessity and importance to our city and respect- fully request such action of your honor- able body. We trust that a favorable report may be made available to the four ex-ser- vice men's organizations for their early December meetings, H. $. Garrison, Secretary of the Convention. Councilman Thompson moved that the communication be made a matter of record. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Resolution No 126.38. Resolution Appointing Memorial Commission Whereas, pursuant to the provisions of Chapter 33 of the Code of Iowa of 1935, the necessary preliminary steps have already been taken, and a special city election held on the 6th day of October, 1938, in the City of Dubuque, Iowa, at which election there was sub- mitted to the electors of the City of Du- buque, the proposition of the issuance of the City of Dubuque of bonds in the sum of $230,010,00; which, together with a grant from the Federal $mer- geucy Administration Public Works of the United States Government, in a sum of not to exceed $188,190,00, would cover the cost or expense of erecting or equipping of a Memorial Building in the City of Dubuque, and, Whereas, the votes cast at such elec- tion were canvassed by the City Coun- cil of the City of Dubuque on October 7, 1938, and, Whereas, the result of said official canvass of said votes indicated that mare than sixty (60) per cent of the electors voted at said election in favor of said proposition and in favor of the bonds in the sum stated in the proposi- tion, for the purpose of erecting and equipping such Memorial Building, and, Whereas, by resolution adopted by the City Council of the City of Du- buque on the 7th day of October, 1938, the issuance of such bonds was ordered by the Cit}~ Council, and, Whereas, it is now the duty of the City Council of the'City of Dubuque to appoint a commission consisting of five (5) members, which commission shall have charge and supervision of the erecting of said Memorial Building, and the management and control thereof when erected, and, Whereas, under the provisions of Section 497 of Chapter 33 of the Code of Iowa of 1935 this City Council has determined that the Mayor of the City of Dubuque shall be an ex-officio mem- ber of such commission, and, Whereas, pursuant to the provisions of Section 492 of Chapter 33 of the Code of Iowa of 1935 a convention was held in the City of Dubuque on Novem- ber 21st, by delegates representing the General Fitzhugh Lee Camp No 3, United Spanish War Veterans, Leo A. Schwind Post No. 508 Veterans of Foreign Wars, Fighting Back 'Chapter No. 6 Disabled American Veterans of World War, and Dubuque Post No, 6 American Legion, and at which con- vention there were selected by said delegates four persons whose names have been certified to this Council by the officers of said convention, as a se- lection of said convention for such 260 Regular Session, December 5th, 1938. commissioners which persons are as follows: Thomas M. Langton, Arnold Utzig, Dr. Raymond M. Benu, Charles G. Kretschmer. Now, Therefore: Be It Resolved, by the City Council of the City of Dubuque, that, Carl A. Clark, Mayor of the City of Dubuque, Thomas M. Langton, Arnold Utzig, Dr. Raymond M. Benn and Charles G. Kretschmer be, and they are hereby appointed as a Memorial Commission, which, under the provisions of Chapter 33, of the 'Code of Iowa of 1935, shall have charge and supervision of the erection of a Memorial Building in the City of Dubuque, and the maangement and control of said Memorial Building when erected. Be It Further Resolved, by the City Council of the City of Dubuque that the term of office of each member of said commission shall, in accordance with the provisions of Chapter 33 of the Code of Iowa of 1935 be for the term of three years, or until their successors have been appointed and have qualified. This resolution being deemed urgent shall be in force and effect from and after its adoption by the City Council. 'Passed and adopted this 5th day of December, 1938. CARL A: 'CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON, Councilmen. Attest: J. ]. SHEA, City Clerk. Councilman Wharton moved the adoption of the resolution, Seconded by Councilman Vau Duelman. Car- ried by the following vote: Yeas- Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-Noce. Petition of G. H. Holscher request- ing the City Council to consider a com- promise offer on the assessments due ou Lots 3 and 4 in Bloclc 9 of Grand- view Park Additoin, presented and read. Councilman Wharton moved to refer the petition to the City Manager for investigation and report. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thomp- son, Van Duelman, Wharton. Nays- None. Petition of Walter C. Norton et al, chauffeurs of taxicabs, requesting con- sideration with reference to parking and. also requesting that an ordinance be adopted making it a misdemeanor to attempt to beat a taxi bill, presented and read. Councilman Van Duelman moved to refer the petition to the City Manager for investigation and report. Seconded by 'Councilman Wharton. Carried by the following vote: Yeas- Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Ordinance No. 28-38. An ordinance amending and changing the zoning map of the City of Dubuque, as provided for by Ordinance No. 3-34, designated, Zoning Ordinance of the City of Du- buque," so as to change to "Local Busi- ness District," certain defined property now delimited as "Single Family Resi- dence District," and declaring an emer- gency, said ordinance having been passed upon first and second readings on November 28th, 1938, presented and read a third time. ORDINANCE N0. 28-38. An ordinance amending and chang- ing the zoning map of the City of Du- buque, as provided for. by Ordinance No. 3-34, designated "Zoning Ordin- ance of the City of Dubuque," so as to change to "Local Business District," certain defined property now delimited as "Single Family Residence District," and declaring an emergency. WHEREAS, it is deemed advisable by the City Council to amend the zon- ing map of the City of Dubuque pro- vided for by Ordinance No. 3-34, des- ignated as, "Zoning Ordinance of the City of Dubuque," so as to change to "Local Business District," certain de- fined property now delimited as "Sin- gle Family Residence District"; and, 1VHEREAS, the proposed change and amendment of said zoning map re- quested by the Highway Department of the State of Iowa meets with the ap- proval of the Planning and Zoning Commission of the City of Dubuque, and, WHEREAS, notice of such proposed change has been published as provided by law, and an opportunity has been af- forded to all interested parties to object thereto at a public meeting held on the 28th day of November, 1938; and WHEREAS, no objection has been filed to the proposed change, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: Section 1-That the zoning map of the City of Dubuque be, and the same is hereb}~ amended and changed as fol- lovvs: By changing from "Single Family Residence District" to "Local Business District;' all that part of Lot 1 of Lot 1 of Lot 1 of Mineral Lot Twelve (12), in the City of Dubuque, not already Regular Session, L 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. Section 2-That the cost of publica- tion of this ordinance, enacted for the benefit of the Highway Department of the State of Iowa, shall be borne by said Highway Department of the State of Iowa. 5ection 3-This ordinance being deemed urgent and of immediate neces- sity shall be in force and effect from and after its final passage, adoption and approval by the City Council and pub- lication as provided by law. Passed upon_ first and second read- ings this 28th day of November, 1938. Passed, adopted and approved upon final reading this 5th day of December, 1938. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO• R. MURPHY, F. W THOMPSON, Councilmen, Attest: J. J. SHEA, City Clerk. Publfshed officially in the Telegraph- Herald newspaper this 7th day of De- cember, 1938• J. J. sHEA, 12-7-1t City Clerk. Councilman Van Duelman moved the adoption of "the ordinance. 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, "Ordi- nance No. 4-1933.' "An ordinance pro- viding that certain businesses and vo- cations 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 ordi- nances in conflict herewith; and pre- scribing apenalty for violation hereof," 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 there- of, relating to auctioneers, and enacting substitutes therefor, said ordinance hav- ing been passed upon first and second readings on November 28th, 1938, pre- sented and read a third time. ORDINANCE N0. 29-38. An ordinance amending an ordinance entitled, "Ordinance No. 4-1933." "An ordinance providing that certain busi- nesses and vocations conducted in the December 5th, 1938. 261 City of Dubuque shall be licensed; fix- ing the license fee therefor; defining terms employed; prescribing the regula- tions which shall apply to businesses and vocations required to be licensed; repealing all ordinances or parts of or- dinances in conflict herewith; and pre- scribing apenalty for violation hereof," by repealing that part of Section 1, Par. 309 thereof, and Paragraphs 1, 2, 3, 4, 5, 6, 7, 8, and 9 of said Section 1 thereof, relating to auctioneers, and en- acting substitutes therefor. Be it ordained by the City Council of the City of Dubuque, Iowa: Par. 309 SECTIONS REPEALED. Section 1-That an ordinance entitled, "Ordinance No. 4-1933, an ordinance providing that certain businesses and vocations 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 ordinances in conflict herewith; and prescribing a penalty for violation hereof," be, and the same is hereby amended by repeal- ing that part of Section 1, and Para- graphs 1, 2, 3, 4, S, 6, 7, 8, and 9 of said Section 1, relating to auctioneers, which paragraphs of said section are hereby repealed. Par. 309a• SUBSTITUTES THERE- FOR, Section 2-That said ordinance be further amended by enacting sub- stitutes for said repealed sections as follows: PAR. 3096. Section 3-That it shall be unlawful for any person, firm or cor- poration to engage in any business or vocation hereinafter named, without first procuring a license therefor; and paying the license fee or fees as pre- scribed herein for such businesses or vocations. 5ection 4-That the following regu- lations for licenses shall apply to the various businesses and vocations enum- erated herein Auctioneers 1-AUCTIONEER shall mean any person, firm or corporation who en- gages in the business of selling or of- fering for sale real or personal property at public auction. 2-Auction sales of merchandise shall not be conducted upon any street, alley, sidewalk or public grounds within the following districts: On 'Locust Street from West Third Street to West Twelfth Street; on Main Street from West Third Street to West Twelfth Street; on Iowa Street from West Fourth Street to West Fourteenth Street; on Central Avenue from 262 December 5th, 1938. Fourth Street to Twentieth Street; and, on ];ighth Avenue from Cen- tral Avenue to Bluff Street; and on any other cross streets or any other alleys within said described district and for a distance of 150 feet therefrom in each direction. 3-PERMIT AND APPOINT- MENT OF CLERK AND MAKING AND POSTING OF LIST OR IN- VENTORY OF .GOODS TO BE SOLD. Before an auction sale is held anywhere within the city, a permit must be granted therefor by the City Manager, and a clerk must be appointed for such auction sale, and the auctioneer's license fee, and the clerk's license fee shall be paid, and the person proposing to hold or conduct said sale shall, together with the clerk appointed to act for said sale, take and file with the City Manager, an inven- tory of the merchandise proposed to be sold, setting forth therein the quantity and description of each item and, if arty merchandise has been brought into the city for sale at such auction, such mer- chandise must be separately described. Said inventory shall set forth and list each item proposed to be sold, and the manufacturer's number of each item, if any, and a description of each item or article, and said inventory shall be exe- cuted in triplicate, one copy to be filed with the City Manager, one copy to be posted in a conspicuous place upon the premises where said auction sale is to be held, and one copy delivered to the auctioneer. Said inventory shall fur- ther set forth separately and specific- ally the merchandise brought upon said premises within a period of sixty (60) days prior to the date of securing the permit for such sale, and which will be offered for sale at said sale. Only the items of merchandise appearing upon said inventory as filed with the City Manager shall be sold or offered for sale at such auction, and, as certain items are sold, they shall be stricken from the iifvetttory posted upon the premises by the licensed clerk of said sale. 4-NOTICE. If the owner intends to offer a bid at a public auction, or to have someone bid for him, he shall give a written or oral notice of such fact at the opening of each auction period, and, in the absence of such notice, he shall not submit a bid, nor shall he employ or induce any persmt to bid for him, nor shall the auctioneer employ or iu- dtrce any person to bid at such sale for the owner, nor shall he latowingly take any bid from the otamer or an}= person employed by him. In addition to the penalties herein desn•ibed, any such sale may be treated as fraudulent by the buyer. S-MISREPRESENTATION. No article or piece of merchandise sold or offered for sale shall be misrepresented as to quantity, quality or price value. 6_PREMISES. The premises where an auction sale is being held shall be well lighted and illuminated at alt times during said sale. 7-LENGTH OF TIME OF SALE. That any such sale must be concluded within thirty (30) successive days, Sun- days and holidays excepted, unless a further extension of not more than thir- ty (30) days is granted by the City Manager upon application filed with him for that purpose. 8-EXCEPTION. The following sales shall be exempted from the fore- going restrictions: Judicial Sales, Sales by Executors and Administrators, Sales by Licensed Pawn Brokers for unre- deemed pledges in the manner provided by law, and sales of stocks of goods on hand at the opening of such auction be- longing to any person, firm or corpora- tion which has been in business in the City of Dubuque at the place where such sale is held continuously for at ]east one year prior thereto as a retail or wholesale merchant handling the kind of merchandise being offered for sale, provided, however, that any such sale must be concluded within thirty (30) successive days, Sundays and holi- days excepted,'unless afurther exten- sion of not more than thirty (3D) days is granted by the City Manager upon application filed with him for that pur- pose. 9-AUCTIONEER'S LICENSE. For the sales of real estate, household goods or livestock at auction sale, the auctioneer's fee shall be $5.00 per day, or $25.00 per }=ear. For the sales of goods and merchan- dise of resident merchants by auction- eers at auction sate, the auctioneer's license fee shall be $5.00 per day, $15.00 per week, $35.00 per month, $100.00 per ,year. AUCTIONEER'S LICENSE. Sales of goods aitd merchandise brought into the city for sale by auctioneers, or attc- tiou sale of resident merchandise or goods which is supplemented by othet• goods and merchandise brought into the city for sale at said auction, the auctioneer's license fee shall be paid in the surn of $25.00 per day for the first thirty (30) days, $15.00 per day for the next thirty (30) days, and $10.00 per day for each day thereafter. 10-''CLERK'S LICENSE. The clerk's license fee for each auction sale shall be paid iu the sum of $5.00. 11-PENALTY. Failing to procure auctioneer's license, or a clerk's license; failing to secure permit for auction sale; or, failing to comply with any of the foregoing regulations, subject the of- Regular Session, December 5th, 1938, 263 fender to the penalties described in sai~ ordinance herein amended, and any per son violating the provisions hereof shall, be deemed guilty of misdemeanot and upon conviction, be punishable b• a fine of not less than $5.00, nor mor than $100.00, and costs, and in defaul of said fine and costs shall be impris oned for a period of not to exceed thir ty (30) days its jail. Section 12-OFFENSE DEFINED Each time that a person, firm or cor poration violates the provisions of thi; ordinance, it shall be deemed to be ; separate and distinct offense. Par. 309c. EFECTIVE DATE ANL PUBLICATION, Section S. This or~ disance shall be in force and effect ter (10) days from attd after •its final pas sage, adoption and approval by the City Council, and publication as provided by law, Passed upon first and second read- ings this 28th day of November, 1938. Passed, adopted, and approved upon final reading this 5th day of December, 1938. CARL, A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F, W, THOMPSON, Councilmen, Attest: J. J. SHEA, City Clerk. Published officiajly in The Tele- graph-Herald newspaper this 7th day of December, 1938. J• J• SHEA, 12-7-1t City Clerk. Councilman Vatt Duelman moved the adoption of the ordinance. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thomp- son, Van Duelman, Wharton. Nays- None. Ordinance No. 30-38. Au ordinance granting to J. F, Stampfer Co,, its suc- cessors or assigns, the right to con- struct and maintain an unloading plat- form and enclosed entrance in the alley abutting City I,ot Twenty-nine (29) in the town (now city) of Dubuque, Iowa; and prescribing the conditions of such permit, said ordinance having been passed upon first and second readings, on November 28th, 1938, presented and read a third time. ORDINANCE N0, 30-38, An ordinance granting to J. F. Stam- pfer Co., its successors or assigns, the right to construct and maintain an un- loading platform and enclosed entrance in the alley abutting City Lot Twenty- nine (29) to the town (now city) of Dubuque, Iowa; and prescribing the conditions of such permit, B$ IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: Par, 730, Section 1. That, J. F. Stampfer• Co., its suc- cessors or assigns, be, and they are hereby granted the right and authority to construct and maintain an unloading platform and enclosed entrance in the alley abutting city lot Twenty-nine (29) in the Town, (now city) of Dubuque, Iowa, such unloading platform to be 4 feet 9/ inches in width, and 8 feet in length, and four inches in height above said alley, and said enclosed entrance to be 4 feet 9/ inches in width, 8 feet in length and 11 feet 6 inches in height, the same to be used in connection with the operation of the business of said J. F, Stampfer Co.; said unloading plat- form and enclosed entrance to be built under the supervision of the Building Commissioner of the City of Dubuque. Par, 731 Section 2 It is understood and provided that such right, license and permission here- in granted to use such alley is subject to the payment and assumption by said J. F. Stampfer Company of the cost of publication of this ordinance and sub- ject to the continuous control of the City Council of the City of Dubuque, said City Council reserving the right to impose restrictions or conditions upon the enjoyment thereof, as may be rea- sonably necessary for the protection of the public interests, including the right to revoke and rescind such permission, if, at any time the public interest should require such revocation. If, and when such permit, right and license is re- voked by said City Council, said J. F. Stampfer Co., its successors or assigns, shall remove such unloading platform and enclosed entrance at its or their own expense, and restore such part of said alley as has been occupied thereby, to the same condition it was in prior to the construction of such platform and enclosed entrance. Par, 732 Section 3 This ordinance shall be in force and effect ten (10) days from and after its final passage, adoption and approval by the City Council, and publication as provided by law, and the rights hereun- der shall accrue to said J, F. Stampfer Company, its successors or assigns, when the provisions hereof shall have beets accepted. Passed upon first and second readings this 28th day of November, 1938. - ~~ iri 264 Regular Session, December 5th, 1938. Passed, adopted and approved upon final reading this Sth day of December, 1938. CARL, A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON GEO. R. MURPHY F. W. THO1viPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Acceptance of Ordinance J. F. Stampfer Co. does hereby ac- cept the terms, provisions and condi- tions of the ordinance adopted by the City 'Council of the City of Dubuque, designated as: "Ordinance No 30-38, An ordinance granting to J. F. Stampfer Co., its suc- cessors or assigns, the rights 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, fovea; and prescribing the conditions of such permit," this 6th day of Decem- ber, 1938. J. F. STAMPFER CO., By T. M. Stampfer, Pres. Published officially in the Telegraph- Herald newspaper, this 7th day of De- cember, 1938. J. J. sxEA, 12-7-1t City Clerk. Councilman Murphy moved the adop- tion of the ordinance. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Clat9c, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-Noce. Proof of publication, certified to by the publishers, of a statement of re- ceipts and also a list of claims for which warrants were drawn during the month of October, 1938, presented and read. Councilman Thompson moved that the proof of publication be received and filed. Seconded by Councilman Mur- phy. Carried by the following vote: Yeas-Mayor Clark, Councilmen Mur- phy, Thompson, Van Duelman, Whar- ton. Nays-None. December 5, 1933. To the Honorable IV[ayor and City Council, Dubuque, Iowa. Gentlemen: At the session of the City Council held November 7, 1938, the petition of Leo J. Diener requesting permission to enclose the steps on the south side of the Capitol Theatre Building was re- ferred to the City Manager and Build- ing Commissioner for investigation and report. We have examined the iron steps erected on the sidewalk of the Kauf- man Avenue side of the building and find them in serviceable condition. These steps are no different thou num- Brous iron steps throughout the down- town area that lead from the sidewalk to apartments above, There may be some justification for granting access by steps from the sidewalk but this pe- titioner proposes to erect an enclosed stairway on the public property as a part of the building and this, m our opinion, would establish a precedent of erecting parts of permanent buildings ott the public streets especially iu our congested districts. We, therefore, rec- ommend that the petition be denied. Respectfully submitted, A. A. RHOMBERG, 'City Manager. H. H. HOWIE, Building Commissioner. Councilman Van Duelman moved that the recommendation of City Man- ager Rhomberg and Building Commis- sioner Howie be received and filed. Seconded by Councilman Wharton. Carried by the following vote: Yeas- Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None, December S, 1938, To the Honorable blayor and City Council, Dubuque, Iowa. Gentlemen: At the session of the City 'Council of November 10, 1938, the petition of Syd- ney Haudenshield, Administrator of the Estate of Jacob Entringer requesting a compromise settlement of the special assessment levied against the East 30 feet of I,ot 1 of Breakey's Addition was referred to me for investigation and report. On investigation I find that a similar petition on the same matter was before the City Council on March 7, 1938, at which time the request was ordered re- ceivedand filed. The assessment against the above lot for the construction of a sanitary sewer in Southern Avenue was levied on August 18, 1925, in the svm of $47.64 on which interest of $1.29 to March 31, 1928, was added and interest and penalty since amounts to $21.44 or a total delinquency of $70.37 as shown in Special Assessment Fund 646. The lot is improved with a frame residence with stone foundation, two story in front and one story in the rear. Taking all these factors into considera- tion Irecommend that the petition be received and filed. Respectfully submitted, A. A. RHOMBER'G, City Manager. Councilman Wharton moved that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Regular Session, December 5th, 1938. 269 December S, 1938. To the Honorable Mayor and City Council, Dubuque, Iowa. Dear Sirs: At the meeting of the City Council on November 17, 1938, the petition of the Roshek Realty Company requesting the City to work out some kind of a guard to protect the fence erected on the alley line of hots 1, 2 and S of the Subdivision of City Lots 754 and 755, was referred to the City Manager for investigation and report. I have examined the fence and find it erected exactly on the alley line. There is evidence that vehicles parking in the alley bump into the fence causing dam- age. In view of the fact that a new ordinance prohibiting alley parking is pending I recommend that the Counci( receive and file the petition at this time. Respectfuly submitted, A. A. RHOMBERG, City Manager, Councilman Wharton moved that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Van Duelman. Carried by the fallowing vote: Yeas-Mayor'Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None, Resolution No. 127-38. Whereas, applications for Class "B" 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 appli- cants shall be forthwith inspected, Class "B" Permit Name Actress Francis X. Page, 73 East Fourth Street Fred J. Saegling and Ed. M. Harks_______2417 Rhomberg Avenue Ruben J. Weber__1543 Central Avenue Vern Okey_______S00 East 22nd Street Peter J. Kress_____41 West 7th Street Passed, adopted and approved this 5th day of December, 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. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Resolution No. 128-38. Whereas, hertofore applications were filed by the within named appli- cants for Class "B" Beer Permits and they received the approval of this Coun- cil; and Whereas, the premises to be occupied by them have been inspected and found to comply with the ordinances of this 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 Francis X. Page, 73 East Fourth Street Fred J. Saegling and Ed. M. Harks______2417 Rhomberg Avenue Ruben J. Weber__1543 Central Avenue Vern Okey_______500 East 22nd Street Peter J. Kress_____41 West 7th Street Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 5th day of December, 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. Seconded by Councilman Murphy. Carried , by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Deulman, Wharton. Nays-None. Resolution No. 129-38. Preliminary approval of plans, specifications, form of contract, and preliminary estimates, including all items of material and work required for construction of New 1,000,000 Gallon Reservoir, including all appurtenances thereto, at Eagle Point Pumping Station, presented and read. Councilman Van Duelman moved the adoption of the resolution. Second- ed by Councilman Wharton. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thomp- son, Van Duelman, Wharton. Nays- None, Resolution No. 130-38. Whereas, the City Council of the City of Dubuque, Iowa, has by resolu- tion No. 129-38 given its preliminary approval on the proposed plans, specifi- cations and form of contract, and esti- mated cost of improvement, and placed same on file in the office of the City Clerk for public inspection, for the con- struction of a New 1,000,000 Gallon Reservoir, including all appurtenances 266 Regular Session, December 5th, 1938. thereto, at Eagle Point Pumping Sta- tion. Be It Therefore Resolved that on the 19th day of December, 1938, a public hearing will be held at 7:30 o'clock P. M. in the Council Chamber itt the City of Dubuque, at which time the taxpayers may appear and make objec- tion to the proposed plans and specifi- cations and proposed form of contract, to the cost of the improvement, and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in the City of Dubuque, at which hearing the Council will hear any objections and en- ter on record its final decision thereon. Passed, adopted and approved this Sth day of December, 1936. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F. W. THOivIPSON, Councilmen. Attest: J. J. SHEA, City Clerk, Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Atays-None. Resolution No, 131-36. Be It Resolved By The City Council Of The City Of Dubuque that pursuant to a Resolution No. 129-38, which was duly passed by this Council for the Construction of a New 1,000,000 Gallon Reservoir, including al] appurtenances thereto, at Eagle Point Station. Be and the same are hereby ordered constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accord- ance with the plans and specifications heretofore adopted attd now on file in the office of the City Clerlc. Be It Further Resolved that the cost and expensr of the said intprovemenlc be paid for by P. W. A. Grant and bal- ance from City Water Department Funds. Be It Further Resolved that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the construction of the various im- provements herein provided for in the manner provided by lave, the said im- provements shall be completed on or before the 5th day of June, 1939. Be It Further Resolved that this res- olution being deemed urgent and of im- mediate necessity shall be in force and effect from and after its passage attd adoption by the City Council. 'Passed, adopted and approved this Sth day bf December, 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. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Resolution No, 132-38. Whereas, the City of Dubuque has undertaken the construction of im- provements to the Municipal Water Supply System, consisting of a Reser- voir, Deep Well, High Lift Pump, and Additions to the Pumping Station un- der the terms of a grant from the Fed- eral Emergency Administration of Pub- lic Works, and Whereas, on the 23rd day of August, 1938, the City Council adopted Resolu- tion No. 84-38 and therein authorized and directed the 'Consulting Engineer- ing firm of Consoer, Townsend & Quinlan, 20S W. Wacker Drive, Chi- cago, Illinois, to furnish such informa- tion as the United States of America through the Federal Emergency Ad- ministration of Pttblic Works might reasonably, request, Now Therefore Be It Resolved by the City Council, of the City of Dubuque, that it is deemed necessary and advisable and for the best. interest of said City, that a contract be entered into with Consoer, Townsend and Quinlan, a copartner- ship of Illinois, providing for the Pre- liminary Engineering Services, the De- tailed Design, the Construction Draw- ings and Specificatoins and the Super- vision of Construction of Improvements to the Water Works System included in PWA Docket Iowa No. 1684-F, such contract being hereto attached and made a part hereof. Be It Further Resolved that, after the passage and adoption of this Reso- lution the Mayor and Clerk be and they are hereby directed and authorized to execute said contract for and on behalf of said City of Dubuque. Approved and placed on file for one week on December 5th, 1938. Councilman Van Duelman moved that the resohttion and contract be ap- proved and 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 Murphy, Thompson, Van Duelman, Wharton. Nays-None. Regular Session, December 5th, 1938. 267 December 5,1938. Honorable Mayor and City 'Council, Dubuque, Iowa. Re: Claim of Mrs, Mary Welsh Gentlemen; There has been referred to this office ~ for investigation and report the claim of. Mrs. Mary Welsh, filed March 16, 1938, in the sum of Two Hundred and no/100 ($200.D0) Dollars, for injuries sustained by reason of a fall on an icy sidewalk on West Locust Street, near West Seventeenth Street, on the 22nd day of February, 1938, alleged to have been due to the negligence of the City of Dubuque. I have completed investigation of this claim and beg to report that the evi- dence adduced from the investigation made, indicates that at the time of this accident the sidewalk at the place of the accident was covered with rough and uneven ice, which ice was covered with slushy snow at the time. The condition of this walk was such, that in my opinion a case of, negligence might be sustained, and, in "view of this fact I would respectfully recommend. that the claim be allowed in the sum of Seventy-five ($7S) Dollars, and that a warrant be drawn in that sum, payable to Mrs, Mary Welsh, upon her execut- ing arelease and satisfaction. Respectfully submitted, AL. J. NELSON, 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 in favor of Mrs. Mary Welsh as settlement in full of her personal in- jury claim, payable upon her executing a release and satisfaction. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. November 26, 1938. To the Honorable Mayor and City Council, Dubuque, Iowa. Re; Claim of John Kemp Gentlemen: On November 17, 1938, there was re- ferred to me for investigation and re- port, the claim of John Kemp for dam- ages sustained by his automobile by reason of the wheel thereof dropping into a hole on Rush Street, on the 10th day of November, 1938, while he was driving over said street, for which dam- ages were claimed in the sum of $4.40, which were alleged to have been due to the negligence of the City. I have completed investigation of this claim and find that there did exist in said street, at the place of this accident, a hole in the street of considerable size, which amounted to a defect in the street. I would respectfully recommend that the claim be allowed in the sum of $4.40, and that upon the execution by the claimant of a release, a warrant be drawn payable to John Kemp in the sum of $4.40, Respectfully submitted, AL. J. NELSON, City Solicitor. Councilman Thompson moved that the recommendation of City Solicitor Nelson be approved and that a warrant in the amount of $4.40 be ordered drawn in favor of John Kemp as set- tlement itt full of his damage claim, payable upon the execution of a release. Seconded by Councilman Wharton. Carried by the following vote: Yeas- Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Councilman Murphy moved that the petition of Mrs. Gertrude Waldorf, re- questing suspension of the 1937 taxes on I,ot 81 of Langworthy's Addition, be granted, ahd that the Board of Su- pervisors 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 Murphy, Thompson, Van. Duelman, Wharton. Nays-None. J. J. SHEA, City Clerk. Approved -----------------------1939. Adopted ___..____________________1939. I----------------------- ----------------------- Councilmen: _______________________ (----------------------- Attest: ----------------------------- City Clerk. 268 Special Session, December 13th, 1938. City Council (Official.) Special Session, December 13th, 1938. Council met at 7;45 P. M. Present-Mayor Clark, Councilmen 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 stated that service thereof had been duly made and that this meeting is called for the purpose of considering the petition re- questing the holding of a special meet- ing of the City Council for the purpose of discussing, and acting upon, an in- dustrial issue, and acting on any other bttsiuess as tnay properly come before a regular meeting of the City Council. Petition of 1Villiant Genszler et al, members of organized labor unions, re- questing the City Council to hold a special meeting for the purpose of dis- cussing, and acting upon, au industrial issue, presented and read. Councilman Wharton moved to suspend the rules for the purpose of allowing any one present in the Council Chamber lwho wishes to do so to address tlbe Council. Seconded by Conucihnan 'Jan Duel- ^tan. Carried by the following vote: Yeas-Ma}=or Clarlc, Councilmen 11~Iar- phy, Thompson, Van Duelman, ~Vhar- ton. Nays-None. Tlessrs Norman Km~mauu representing the Dubuque Trades Council, Daniel Schuster au employee of the Dubuque Paclcittg Contpauy, Ray Blankenship business agent for the teamsters union, Ronald Fattersou employee of the Dubuque Packing Company as an engineer, Har- old Houy president of the Dubuque Trades and Labor Congress, and Ro- land 1Vhite editor of Dubuque Leader address the Council requesting the Council to prevent the building of the stockyards by the Illinois Central Rail- road Company on South 14Iai^ Street ou the ground that it would destroy the buying market of the Dubuque Pack- ing Company and therefore not only halt planned expansion by the Dubuque Packing Compan}~ but would also cause large numbers of Dubuquers to lose their employment. City Solicitor Nel- son ryas requested by the Ma}=or and ntentbers of the City Council to give his opltion upon the matter under dis- cussion, Upou request of the Ma}ror and Members of the City Council, the City Solicitor stated that iu his opinion uo building permit should have been issued until and unless the location of the proposed stock yard had been ap- proved by the Board of Adjustment, and that under the provisions of the Zoning Ordinance, and of Chapter 324 of the'Code of Iowa of 1935, the Coun- cil has authority to take any appropri- ate action in the matter, and the City Solicitor recommended to the Council that the entire matter of the application of a permit to erect stock yards at the Illinois Central Railroad Company property ou South Main Street be re- ferred to the Board of Adjustment of the Platttting and Zoning Commission. The City Solicitor further recommend- ed that until such time as the applica- tion for the permit is acted upon by the Board of Adjustment, that the permit mistakiugly issued, be cancelled. Coun= cihnau Van Duelman moved that the recommendation of City Solicitor Nel- son be approved and that the represen- tatives of labor who addressed the Council on behalf of the petitioners be invited to attend the meeting of the Board of Adjustment of the Planning and Zoning Commission. Seconded by Councilman Wharton. 'Carried by the following vote: Yeas-Mayor Clark, Councilmen Mut•ph}~, Thompson, Van Duehnan, Wharton. Nays-None. Councilman Murphy moved that the petition of William Genszler et al, members of organized labor unions, re- questing the City Council to hold a special meeting for the purpose of dis- cussing, and acting upon, an industrial issue, be referred to the City Council until action has been taken by the Board of Adjustment of the Planting and Zoning Commission. Seconded by Comtcilman Thompson. Carried by the following vote: Yeas-Mayor 'Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Petition of Sanitary t~lilk Company et al requesting that East Seventh Stt•eet from Central Avenue to White Street, be included in the restricted parking zone, presented and read. Councilman Vau Duelman moved to refer the petition to the City Council. Seconded by Councilman Wharton. Carried by the following vote: Yeas- tl/ayor Clark, Councilmen Murphy, Thompson, Vau Duelman, 1Vhartou. Nays-None. Petition of Catherine Rohr, referred to the City Council by the Board of Supervisors, requesting suspension of the 1937 taxes ou Lot 2 of Roedell's Subdivision, presented and read. Coun- cilman Murphy moved to refer the pe- tition to the City Solicitor for investi- gatior. and report. Seconded by Coun- cilman Thompson. Carried by the fol- lowing vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Vau Dtteltnan, Wharton. Nays-None. Petition of Jatnes Yianuias, operator of the Avou Theatre, requesting per- mission for the building and maiu- teuance of a new marquee at the I Avou Theatre, presented and read. i Counciltan Murphy moved that the Special Session, December 13th, 1938. 269 prayer of the petition be granted and the City Solicitor to be instructed to prepare a proper ordinance covering the same, the petitioner to be required to pay the cost of publication of said ordinance, and the work of cottstructiott to be done under the supervision of the Building Commissioner. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy; Thompson, Van Duelman, Wharton. Nays-None. Counctilmau Murphy moved that the petition pf. Cathrine Rohr requesting suspension of the 1937 taxes on Lot 2 of Roedell's Subdivision be granted attd the Board of Supervisors to be notified of the action of the City Council. Sec- onded by Councilman Van Duelman. Carried by the following vote. Yeas- Mayor Clark, Councilmen Murphy, Thompson, Vau Duelman, IVharton. Nays-None. December 1, 1938. To the Honorahle Mayor and City Council, Dubuque, Iowa. Gentlemen: I herewith submit the reports of the City Auditor, City Tt•easurer, and City Water Department for the month of November, 1938, also a list of claims and list of payrolls for which warrants were drawn during the month of No- vember, 1938. Respectfully submitted, A. A. RHOAIB$RG, City Manager. Councilman Van Duelman moved that the reports be received and placed on file. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Vau Duelman, 'vVharton, Nays-None. Resolution No. 132-38. Whereas, the City of Dubuque has undertaken the construction of im- provements to the Municipal Water Works System, consisting of a Reser- voir, Deep Wetl, High Lift Pump, and Additions to the 'Pumping Station un- der the terms of a grant from the Fed- eral Emergency Administration of Pub- lic Works, and Whereas on the 23rd day of August, 1938, the City Council adopted Reso- lution 84-38 and therein authorized and directed the Consulting Engineer- ing firm of Consoer, Townsend & Quinlan, 20S W. Wacker Drive, Chi- cago, Illinois, to furnish such informa- tiott as the United States of America through the Federal Emergency Ad- ministration of Public Works might reasonably request, Now Therefore Be It Resolved by the City Council, of the City of Dubuque, that it is deemed necessary and advisable and for the best interest of said City, that a contract be entered into with Consoer, Toamsend &Quinlan, a co-partnership of Illinois, providing for the Prelimin- ary Engineering Services, the Detailed Design, the Construction Drawings and 5pectfications and the Superviston of Construction of Improvements to the Water Works System included in PWA Docket Iowa No. 1684F, such contract being hereto attached and made a part hereof, Be It Further resolved that, after the passage and adoption of this Resolution the Mayor and Clerk be and they are hereby directed and authorized to exe- cute said contract for and on behalf of said City of Dubuque. Approved and placed on file for one week on December 5th, 1938. Passed and adopted this 13th day of December, 1938. CARL, A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F. W, THONIPSON, 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, Thompson, Van Duelman, Wharton. Nays-None. December 13, 1938. Honorable Mayor and City Council, Dubuque, Iowa. Re: Claim of J. M. Davison, Jr. Gentlemen: On May 20, 1938, there was filed with the City of Dubuque, claim of J. M. Davison, Jr, in the sum of Twenty-five ($25) bollars for damages for injuries alleged to have been incurred on April 20, 1938, by reason of claimant stepping on a loose cover of a manhole on the Northeast corner of Seventh and Iowa Streets, in the City of Dubuque. I beg to advise that I have completed investigation of this claim, and find that there was no defect in this particu- lar manhole cover, and no knowledge on the part of the City that this partic- ular manhole cover was loose, and from all of the facts adduced from the inves- tigation, I am of the opinion that there is no liability on the part of the City, and respectfully recommend that the claim be disallowed. Respectfully submitted, AL, J, NELSON, City Solicitor. 270 Special Session, December 13th, -1938. Councilman Murphy moved that the recommendation of City Solicitor Nel- son be approved. Seconded by Coun- cilman Thompson, Carried by the fol- lowing vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton, Nays-None. Approved ----------------------1939. Adopted ---------------------- 1939. December 13, 1938 Honorable Mayor and City Council, Dubuque, Iowa. Re: Claim of J. Howard Schiltz. Councilmen; {___,___ Gentlemen: There has been referred to me for in- vestigation and report, the claim of J. Howard Schiltz, filed on November 28, 1938, far damages to his automobile in the sum of Twenty-eight and 35/100 ($28.35) Dollars, alleged to have been due to the negligence of the City of Dubuque ott account of the slippery condition of Bryant Street at the inter- section of Dodge Street. I beg to advise that claim does not indicate when the accident happened, excepting in so far as it is dated on November 26, 1938, and that investiga- tion made discloses that the. slippery condition of the street at the place of this accident was due to rainfall or a light snow which froze in its natural state, malting the street slippery, and that the accident was not due to any defect itt the street, or any condition which would make the City of Du- bugtte liable. Attest: ------------------------------ City Clerk. Due to all the circumstances, and from the evidence ascertained, I am of the opinion that the City of Dubuque is not liable in this case, and, therefore, recommend that the claim be disal- lowed. Respectfully submitted, AI,. J. NELSON, City Solicitor. Councilman Van Duelman moved that the recommendation of City So- licitor Nelson be approved, Seconded by Councilman Murphy. 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 Couitcilmau Wharton, Carried by the following voie; Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. J. J. SHEA, City Clerk. Special Session, December 19th, 1938. 271 City Council (Official.) Special Session, December 19th, 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 Council- men 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 conducting a hearing on the plans and specifications, form of con- tract and cost of Improvement for the construction of a new 1,000,000 gallon reservoir, including all appurtenances thereto, to be located at Eagle Point Pumping Station, and acting on ahy other business as may properly come. before a regular meeting of the City Council, Councilman Wharton moved that the rules be suspended for the purpose of allowing any one present in the Council Chamber, who wishes to do so, to ad- dress the Council, Seconded by Coun- cilman Van Duelman, Carried by the following vote: Yeas-Mayor Clarlc, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Ray McComish, an Eagle Scout, represent- ing the Northeastern Council of the Boy Scouts of America, presented an official Boy Scout calendar to the May- or, Members of the City Council, City Manager, City Solicitor and City Clerlt and advised the City Officials that the Scouts of Dubuque are at their com- mand for service any hour of the day or night. Mayor 'Clark responded and thanked the Scouts for the calendars and complimented them on their rec- ord of civic service and upon the sug- gestion of Mayor Clark the Council gave the Scouts a rising vote of thanks. Proof of publication, certified to by the publishers, of notice of a public hearing on the plans and specifications, form of contract and cost of improve- ment for the construction of a new 1,000,000 gallon reservoir, including all appurtenances thereto, to be located at Eagle Point Pumping Station, present- ed and read. Councilman Murphy 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, Resolution No. 133-38. Whereas, proposed plans and specifi- cations and farm of contract for the construction of a new Reservoir, and all appurtenances thereto, at Eagle Point Pumping Station, have been approved by the City Council of the City of Du- buque and public notice given as pro- vided by Chapter 23 of the Code of Iowa 1935, pertaining to public con- tracts and bonds, and the time and place fixed for the hearing of all objec- tions to said plans, specifications or contract for cost of such improvements, said time being this 19th day of De- cember 1938; and Whereas, the City Council met in Special Session this 19th day of Decem- ber, 1938, at 7;30 o'clock p, m, at the Council Chambers in the City Hall for the purpose of hearing all interested parties and considering any and all objections 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 Whereas, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and consider- ed; now, therefore Be It Resolved by the City Council of the City of Dubuque, that al] objec- tions which have been made and filed to the plans, specifications, contract for or cast 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 Pes- 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- manent record in connection with said improvement. Passed, adopted and approved this 19th day of December, 1938. CARI, A. CLARK, Mayor. FRANK VAN DU];LMAN, ATiBERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, 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. 272 Special Session, Decemher 19th, 1938. Original Notice of Sttit of Bernice Riddle, Administratrix of the Estate of 'Charles A. Riddle, deceased, Plaintiff, vs. Isabelle Metcalf, City of Dubuque, Iowa, and Dubuque County,~Iowa, De- fendants of the foreclosure of mort- gage, presented and read. Councilman Thompson moved to refer the Original Notice of Sttit to the Cit}~ Solicitor. Seconded by Councilman Murphy, Car- ried by the following vote: Yeas-llay- or Clark, Councilmen Murphy, Thomp- son, Van Duelman, 1Vhartou. Nays- None. ACCEPTANCE OF ORDINANCE. No, 27-38. The undersigned Trustees of the Property of the Chicago, Milwaukee, St. Paul and Pacific Railroad Cornpauy, do hereby accept all of the terms, con- ditions, and provisions of an ord;nauce adopted by the City Council of the City of Dubuque on the 28th da}~ of Novem- ber, 1938, and entitled: "Ordinance No. 27-38, au Ordinance vacating cer- tain designated streets or parts of streets and alleys in Raih•oad Addition and in 1Viltse's Dubuque, iu the City of Dubuque, Iowa and granting and con- veying said vacated streets or parts of streets and alleys to the Chicago, nlil- waukee, St. Paul and Pacific Railroad Company,° Dated this 7th day of Decemher, 1935. HENRY A. SCANDRET'f, 1trAL'I'ER J. Ci1nI14INGS, GEORGE I. HAIGHI', Trustees of the Property of the Chicago, Milwaukee, St. Paul and Pacific Raihroad Company. Councilman Van Duelman moved that the Acceptance of Ordinance No. 27-38 by the Trustees of the Property of the Chicago, 1lilwaul:ee, St. Putd and Pacific Railroad Company be made a matter of record. Seconded by Coun- cilman Wharton. Carried by the fol- lowing vote: Yeas-1~[ayor Clnrlc, Councilmen Murphy, Thompson, Van Duelman, 1Vharton. Mays-None. Decemher 14, 1938. honorable Mayor and City Council, Dubuque, Iowa. Re; Claim of Julius Bonz. Centlenten: At a meeting of the City Council held ou November 17, 1938, there ryas referred to me for investigation and report, the claim of Julius Bonz im the sum of Five Hundred {$S00) Dollars, for personal injuries and damages al- leged to have been sustained by him because of an alleged unsanitary condi- tion of the city jail in which he teas confined for part of the night ou Sat- urday, Octobct• 22, 1938. I have made investigation of this claim and am advised by the Police De- partment of the City of Dubuque, that the city jail, while old and in a base- ment room of the City Hall, has been kept as thoroughly clean as the condi- tion of the building tinder the circum- stances permit, and uo evidence dis- closed by my investigation indicated that the condition of the city jail at the time of plaintiff's incarceration was in no moaner the approximate cause of claimant's alleged injuries. Furthermore, I am of the opinion that the maintenance of a city jail is a governmental fimctiou and that under the laws of this State, and the decisions of the Supreme Court, a municipal cor- poration cannot be held liable for fail- ure to provide a pt•isoner with medical attention, nor for the results of the condition of the place of confinement. Because of the decisions of ottr Su- preme Court in the matter, I am im- pelled to hold that the City is not liable in this claim, and to recommend that the same be disallowed. Respectfuly submitted, AL. J. NELSON, City Solicitor. Councilman Van Duelman moved that the recommendation of City Solic- itor Nelson he approved. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Clarl:, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-Noce. Original Notice of Suit of Julius Bonz, Plaintiff, vs. City of Dubuque, Dubuque Cotmty, Iowa, a Municipal Corporation, Defendant iu the antonut of $50.00 for doctor and medical attention and for persona] injury in the amount of $450,00 with interest at S°fo, presented and read. Councilman 1lur- phy moved to refer the Original Notice of Suit to the City Solicitor. Seconded by Councilman Thompson. Carried by the following vote: Peas-A~Iayor Clare, Councilmen 11~Iurphy, Thompson, Vau Duelman, tiVharton. Nays-Atone. December 19, 1938. 'I'o the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have approv- ed the following bonds and policies and desire to have your approval on same fot• filing; ' SIGNS L. R Patch-The Aetna Casualty & Surety Co., Policy Number 20GL- 2105. Signs at following locations: 7S East 4th Street Special Session, December 19th, 1938. 273 18th & Central Avenue 500 Rhomberg Avenue 127 1Vest 6th Stt•eet 10th & Central Aveutte 1085 Julien Avenue 17th & Locust Streets 119 Maiu Street 11th & Iowa Streets 1638 Central Avenue 1085 Julien Avenue 6th & 114aiu Street 22nd & White Streets 1348 Central Avenue 332 8th Avenue 2400 Central Avenue S21 East 22nd Streeet 600 Central Avenue 1SS5 Central Aveutte 698 Central Avenue 216 West 1st Street 198 Main Street 75 East Fourth Street 18th & Central Avenue 14th & 1Sth west side of Central Ave. Charles Landon, 24S 8th Avenue -Continental Casualty Company, Policy Number 0. L. & T. 2202308. Appel-Higley Elec. Company, 962 Main Street.-Massachusetts Bonding & Ins. Co., Policy Number GPI, 108433. 1blid-Continent Petroleum -Fireman's Fund Indemnity Company, Policy Number OLT 36145: Signs at the following location: S. E. Corner 2nd and Locust Sts. S. E. Cor. Julien Ave, cC Nevada St. 1865 Central Avenue 32nd and .Central Avenue S. E. Cor. 4th and Iowa Streets. 1Vm. Schaffhausen and St. George Ho- tel, S76 Central Avenue-The Fidel- ity & Casualty Co., Policy Nhmbcr IOT 1942. Renier Building Fund, 521 kfain Street -Standard Accident Insurance Com- pany, Policy Number IGB 3796. Firestone Service Stores, Iuc.,•700-706 Bluff Street-Indenmity Insurance Company of N. A. Charles Petrakis, 1956 Central Avenue -Indemnity Insurance Company of N. A., Policy Number OLT 316363. Zoller Brewing Company-Hartford Accident & Indemnity Company, Policy Number G. L. 484906. Signs at following locations: 2616 ~Viudsor Avenue 189 Locust Street 543 8th Avenue 1618 Central Avenue 141 Locust Street 2385 'Central Avenue 1121 Julien Avenue Rockdale Rd. & Grandview Avenue 457 8th Avenue 231 W. 1st Street 241 Main Street 2S7 Southern Avenue 2S0 1Vest First Street Respectfully submitted, A. A. RHOIIBERG, City 11lanager. Councilman Van Duelman moved that the bonds and policies be approved and placed ou file. Seconded by Coun- ci!matt Thompson. Carried by the fol- lovving vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. December 19, 1938. To the Honorable 114ayor and City Council, Dubuque, Iowa. Gentlemen: At the session of the City Council held December S, 1938, the petition of G. H. Holscher requesting the City to consider a compromise offer on the spe- cial assessments due on hots 3 and 4 of Block 9 of Grandview Park Addi- tion was referred to the City Manager for investigation and report. I have examined the records and find that tax certificate No. 496, against above lots, was bought by Dubuque County at the public biddet•s sale of February 3, 1936. The real estate tax is approximately $120.00. The special assessments due for the improvement of Braille}~ Street in Fund No. 641 amounted to $104.09 at the time of the sale, February 3, 1936, to which 4°fo penalty of $4.16 attaches plus straight 6% interest on $108.25 to .the date of redemption. In view of the fact that the tax title will be taken to this property early in 1939, thereby eliminating the special assessments, I recommend that the city accept the compromise offer of $50.00 and that a warrant be ordered drawn ou the Improvement Fund far the amount of the deficiency in the special assessment including interest attd pen- alty. Respectfully submitted, A. A. RHOMBER~G, City Manager. Councilman Van Duelman_ moved that the reconunendatiou of City Nlau- ager Rhomberg be approved. and that a tvarraut in the amount of $77.25 be or- dered drawn ou the Improvement Fund for the amount of the deficiency in the special assessment including in- terest and penalty on the special assess- ments levied against Lot 3 and 4 of Block 9 of Grandview Park Addition. Seconded by Councilman Thompson. Carried by the following vote: Yeas- Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Councilman Thompson moved that the petition of Peter 11laas requesting suspension of the 1937 taxes on Lot 166 of L. H. Langvvorthy's Addition, be grouted, and that the Board of Su- 274 Special Session, December 19th, 1938. pervisors to be notified of the action of the City 'Council, Seconded by Coun- cilman Wharton. Carried by the fol- lowing vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Councilman Thompson moved that the petition of Mrs. Mary Klinkham- mer requesting cancellation of the 1937 taxes on Lot 32 of Mineral Lot 39, be granted, and that the Board of Super- visors to be notified of the action of the City Council. Seconded by Councilman 'Wharton. Carried by the following vote: Yeas-Mayor Clarlc, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None, Ordinance No. 31-38. An Ordinance granting to Frank R. Lacy, trustee, owner, and James Yiannias, lessee, their heirs and assigns the right to con- struct and maintain a canopy in front of the Avon Theatre, over the sidewalk abutting the North 33 feet of the South 49 feet of City Lot S2 in the City of Dubuque, Iowa, attd prescribing the conditions ,of such permit, presented and read. Councilman Van Duelman moved that the reading just had be considered the first reading of the ordi- nance. Seconded by Councilman Whar- ton. Carried by the following vote: Yeas-Mayor Clark, Councilmen Mur- ph}~, 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 Wharton. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thomp- son, Van Duelman, Wharton. Nays- Noue. The ordinance was then read a second time. Councilman Van Duel- man moved that the reading just had be considered the second reading of the ordinance. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. December 14, 1938. Honorable Mayor and City Cuoncil, Dubuque, Iowa, Re; Claim of Mrs. Anthony Eberhart Gentlemen: On October 24, 1938, there was re- ferred to me by the City 'Council for investigation the claim of Mrs. Anthony Eberhart, for damages to her automo- bile, in the sum of Five and 25/100 ($5.25) Dollars, incurred ott October 1S, 1938. I have completed investigation of this claim attd find that a large rock left in the street damaged the plaintiff's car, and am of the opinion that the claim should be allowed in the sum of Five attd 25/100 ($5.25) Dolars, and so rec- ommend to your honorable body. Respectfully submitted, AL. J. NELSON, City Solicitor, Councilman Murphy moved that the recommendation of City Solicitor Nel- son be approved and that a warrant in the amount of $525 be ordered drawn in favor of Mrs. Anthony Eberhardt as settlement in full of her claim for dam- ages to her automobile caused in strik- ing crock in the street at Sixth and Bluff Streets. Seconded by Council- man Vau Duelman, Carried by the following vote; Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None, December 19th, 1938. Honorable Mayor and City Council, Dubuque, Iowa. Re: Claim of Dan Heitz Gentlemen: On June 14, 1938, there was referred to me for investigation and report the claim of the above named Dan Heitz, in the sum of $35.00, filed May 19, 1938, for damages to his automobile sustained April 20, 1938, and alleged to have been caused by the wheel of his car dropping into a hole in the street in•Southen Avenue, by reason of which said car turned over damaging the top, feeder and rear wheel, said damages alleged to have been due to the negli- gence of the City, Ott September 20, 1938, there was re- ferred to me by the City Council orig- inal notice of suit instituted in the Jus- tice Court of M. P. Hogan, involving the same matter, which suit is still pending. I beg to advise that I have completed investigation of the above claim and suit, and find that at the time of this accident there was one or two holes in Southern Avenue at the place of this accident, adjacent to a manhole which extended above the surface of the street, and that the accident was caused when the right rear wheel of claimant's car dropped into this hole, and then struck the manhole, causing the car to turn over, and that the damage to claimant's car was sustained as alleged. From the evidence disclosed by my investigation, I am of the opinion that there was a culpable defect in the street at the time of this accident and I re- spectfully recommend that the claim and suit be settled from the sum of $25,00 and that upon the execution of a Special Session, December 19th, 1938. 275 receipt and release by the claimant, and the dismissal of the suit instituted in Justice Court, a warrant be issued pay- able to Peter W. Klauer, attorney for Dan Heitz, claimant, and delivered to said attorney. I am returning the claim herewith, Respectfully submitted, AL. J. NELSON, City Solicitor, Councilman Thompson moved that the recommendation of City Solicitor Nelson be approved and that a war- rant in the amount of $25.00 be ordered drawn in favor of Peter W, Klauer, At- torney far Dan Heitz, as settlement in full of the claim of Dan Heitz for dam- ages to his automobile caused in strik- ing ahole in the street on Southern Avenue approximately two hundred feet South of the Harold Barrett store, said warrant to be delivered to said attor- ney upon the execution of a receipt and release by Dan Heitz and the dismissal of the suit instituted in Justice Court. Seconded by Councilman Murphy.'Car- ried by the following vote: Yeas- Mayor Clarlc, Councilmen Murphy, Thompson, Van Duelman, Wharton, Nays-None. December 19, 1938. Honorable Mayor and City Council, Dubuque, Iowa. Re: Claim of Orland Driscoll Gentlemen: On June 14, 1938, there was referred to me for investigatimt and report the claim of the above named Orland Dris- coll, in the sutn of $75.00 for personal injuries sustained by him on April 20, 1938, while a passenger in an automo- bile owned and driven by one Dan Heitz, alleged to have been caused by the rear right wheel of said automobile dropping into a hole on Southern Ave- nue, which caused said automobile to turn over, and by reason of which claimant sustained a cut in his forehead over his nose and left eye, necessitating medical attention and loss of time. On September 20, 1938, there was re- ferred to me by the City Council orig- inal notice of suit instituted in the Jus- tice Court of M. P'. Hogan, involving the same matter, which suit is still pending, I beg to advise that I have cotpleted investigation of this claim and case and find that at the tune of this accident there was one or two holes in the street at this place of the accident and adja- cent to a manhole which extended above the surface of the street, and that the automobile in which claimant was rid- ing did drop into this hole and strike this manhole and turned over, and that plaintiff's injuries are as claimed. I found upon investigation that the holes in this street constituted .what might be termed a culpable defect, and might properly be made the basis of a suit. I, therefore, recommend that the claim and case be settled, and that pay- ment to the. claimant of the sum of $20.00 be made, and that upon the exe- cution of a receipt and release by the claimant and the dismissal of the case filed iu Justice Court a warrant be is- sued iu the sum of $20.00, payable to Peter W. Klauer, attorney for claimant. I am returning the claim herewith. Respectfuly submitted, AL. J. NELSON, 'City Solicitor. Councilman Van Duelman moved that the recommendation of City So- licitor Nelson be approved and that a warrant in the amount of $20.00 be or- dered drawn in favor of Peter W, Klau- er, Attorney for Orland Driscoll, as settlement in full of the claim of Orland Driscoll for personal inju- ries received while a passenger in the automobile of Dan Heitz, which automobile struck a hole in the street on Southern Avenue,,approxi- matelp 200 feet south of the Harold Barrett store, causing injuries to said claimants forehead and nose, said war- rant to be delivered to said attorney up- on the execution of a receipt and re- lease by Orland Driscoll and the dis- missal of the case filed in Justice Court. Seconded by Councilman Wharton. Carried by the folowing vote: Yeas- blayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. December 14, 1938. Honorable Mayor and City Council, Dubuque, Iowa. Re: Traffic Ordinance Gentlemen: At your meeting on the 24th of Octo- ber, 1938, I was instructed by the Coun- cil, to draft, with the recommendations of the City Manager, Chief of the Fire Department, and Chief of the Police Department, a tentative ordinance reg- ulating parking and traffic in the down- town business area of the city. I have conferred, on a number of oc- casions with the City Manager, Chief of the Fire Department, and Chief of the Police Department, and, as per the instructions of your honorable body, I submit herewith tentative ordinance covering parking in the alleys and streets of the business area from 276 Special Session, December 19th, 1938. Fourth Street to Twelfth Street, and from Central Avenue to Bluff Street inclusive, with the recommendation that the same be adopted. Respectful]}= submitted, AL. J. N$I,SON, City Solicitor. Councilman Van Duelman moved that the recommendation of City So- licitor Nelson be approved, Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Ordinance No. 32-38. Au Ordinance amending Ordinance No. 10-37 en- titled: "Atr ordinance regulating the use of vehicles Capon the streets of the City of Dubuque; designating the pro- visions hereof as the "Traffic Code" of said city; repealing all ordinances or parts of ordinances in conflict herewith; and providing a penalty for violation hereof;" by repealing Rule 43 of Sub- title V, and Rule 101, Rule 103, Rule 104, and Rule 108 of Sub-title XIV of Paragraph 609, Section 3, of said Ordi- nance and enacting substitutes therefor and in lieu thereof, and by amending said Ordinance 10-37 by the insertion in and addition to said Ordinance of Paragraph 609a, Section 3a providing for the removal from streets and al- leys and the custody of vehicles fount] iv violation of any State Law or City Ordinance, presented and read. Coun- cilman Van Duelman moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Wharton. Carried b}' the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Councilman Van Duelman moved that the rules be suspended requiring av or- dinance 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, 1Vhar- ton. Nays-None., The ordinance was then read a second time. Councilman Van Duelman moved that the reading just had be considered the second read- ing of the ordinance. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Clark, Councilmen Alurphy, Thompson, Van Duelman, Wharton, Na}=s-None. There being na further business, Councilman Murphy moved to adjourn. Seconded by Councilman Thompson. Carried by the following vote: Yeas- Mayor 'Clarle, Councilmen nftttphy, Thompson, Vau Duelman, Wharton. Nays-None. J• J• sxl;A, City Clerk. Approved ____________________ 1939. Adopted _____________________ 1939, I----------------------- Councilmen: ~_______________________ Attest: ----------------------------- City Clerk, Special Session, December 27th, 1938. 277 City Council (Official) Special Session, December 27th, 1938 Council met at 7:55 P. Jvi. Present-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman Wharton, City Manager Rhomberg. Meeting called by order of Council- men 14lurphy 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 bids received for the construction of a Reservoir, includ- ing all appurtenances thereto, at $agle Point Pumping Station, and acting on any other business as may properly come before a regular meeeting of the City Council, Petition of Wm. Schaffhausen, et al, requesting the City Council to extend, in the proposed changes in the parking regulations for the downtown district, to Fifth and Central instead of Sixth Street and Central Avenue presented and read. Petition of C. $. Rhoades, Manager Dubuque Automobile Club, objecting to the proposed plan to have the busses load and unload on the far corners of the intersections on Main Street be- tween 4th Street and 11th Street, pre- sented and read. Councilman Van Duelman 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 Wharton. Carried by the following vote: Yeas-Mayor Clarlc, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. r14r. Carl Kiesel, represepting the H. B. Glover 'Company, addressed the Coun- cil requesting information regarding certain provisions of the proposed or- dinance and entered objections on be- half of the employees of H. B. Glover Company to the establishing of a park- ing limit around the H. B. Glover Company buildings between West 4th and West 6th Streets. Mr. Charles Spielman addressed the Council stating that a five cent bus fare would solve traffic problems as more persons tvork- iug in the downtown districts would ride the busses and not use their auto- mobiles. llr. Walter Mengis addressed the Council requesting that the one- hour parking limit on Ceutra] Avenue be extended north to $ighteenth Street instead of to Sixteenth Street as set ' out in the proposed ordinance. Mr, C. Ta. Rhoades, Manager, Dubuque Au- tomobile Club, addressed the Council stating that he objected to the provision of the ordinance which would have pas- senger busses stop on the far sides of the intersections on Main Street be- tween West Fourth Street and West ;aeventh Street. Councilman Wharton moved that the previous action taken by the City Coun- cil on the passage of Ordinance No. 32-38, an ordinance amending Ordin- ance No. 10-37, entitled: "An ordinance regulating the use of vehicles upon the streets of the City of Dubuque; desig- nating the provisions hereof as the 'Traffic Code' of said city; repealing all ordinances or parts of ordinances in conflict herewith; and providing a pen- alty for violation hereof;" by repealing Rule 43 of Sub-Title V, and Rule 101, Rule 103, Rule 104, and Rule 108 of Subtitle XIV of Paragraph 609, Section 3, of said ordinance and enacting substi- tutes therefor and in lieu thereof, and by amending said ordinance 10-37 by the insertion in and addition to said or- dinance of Paragraph 609a, Section 3a, providing for the removal from streets and alleys and the custody of vehicles found in violation of any State Law or -City Ordinance, upon first and second readings on December 19th, 1938, be rescinded. Seconded by Councilman Van Duelman. Carried by the follow- ing vote: Yeas-Mayor Clark, Coun- cilmen Murphy, Thompson, Van Duel- man, Wharton, Nays-None. Councilman Wharton moved that the City Solicitor be instructed to prepare a new ordinance to include all of the pro- visions of the original Ordinance No, 32-38 and that the request of the Wm. Schaffhausen et al petition that the one hour parking provision be extended to Fifth and Central Avenue and also that the request of Walter Mengis that the one hour parking provision be'extended to $ighteenth and Central Avenue be also included in the new ordinance. Sec- onded by Councilman Van Dueltnan. Carried by the following vote: ~Yeas- Mayor Clark Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-Nave. Proof of publication, certified to by the publishers, of the official notice to contractors of the receipt of bids for the construction of. a new 1,000,000 gallon reservoir, including all appurtenances thereto, at $agle Point Pumping Sta- tion, presented and read. Councilman Thompson moved that the proof of publication be received and filed. Sec- onded by Councilman Murphy. Car- ried by the following vote; Yeas- Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. December 27th, 1938. Honorable Mayor and City Council: Gentlemen: Pursuant to Resolution 131-38, adopted by the 'City Council, on De- zember Sth, 1938, sealed bids were re~• 278 Special Session, December 27th, 1938. ceived and opened on December 22nd, 1938, at 10:00 A. M.; for the construc- tion of a new 1,000,000 gallon Reser- voir at Eagle Point Pumping Station, as a part of PWA Project 1684-F, for improvements to Water Works System, Attached hereto is a.tabulation of the three bids received. No irregularities were found in any of the proposals. We recommend that the contract for the construction of the new reservoir be awarded to Anton Zwaclc, Inc., of Du- buque, Iowa, his being the lowest and best bid recetved. Very truly yours, 'vVATER DEPARTMENT City of Dubuque, Iowa. A. A. RHOMBERG, City Manager. J, J. HAIL„ Superintendent. Councilman Van Duelman moved that the recommendation of City Man- ager Rhomberg and Superintendent of Water Department Hail 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. City of Dubuque, Iowa RESOLUTION N0. 134-38. BE IT RESOLVED by the City Council, of the 'City of Dubuque, Iowa: tiVHEREAS, the City of Dubuque, of the County of Dubuque, and State of Iowa pursuant to an advertisement far Uids on the construction of the pro- posed reservoir herebefore pttUlished on the 6th and 13th day of December, 1938, did on the 22nd day of December, 1938, at Ten O'clock A. M. at the City Clerk's office iu the Gity Hall, in Du- buque, Iowa, receive bids for the con- struction of a reservoir, which said Uids were taken under advisement Uy the Cit}= Council, 1VHEREAS, the base bid of Anton Zwack, Inc., for general work is the lowest bid submitted by any responsible bidder; and whereas a present estimate of project costs is: GENERAL WORK- Coutract No. 2-Reservoir 'Complete (Bid of Anton Zwack, Inc. 12-22-38)-----$38,365.00 Contract No. I-Deep Well_$17,542.00 Ptttnps __ _____________ 19,000.00 General for Building______ 58,800.00 Heating and Plumbing for Building _____, ___-_ 7,000.00 Preliminary, band, Engineering 8,500.00 Legal, Overhead, etc. _______ 500.00 Available for Contiugencies__ 3,593.00 Funds AvailaUle- Government Graut$67,500.00 Applicant's Funds 82,500.00 $150,000.00 $150,000.00 NO~V, '~HEREFOR$, Re It Re- solved by the City Council, of the City and the County of Dubuque, and State of Iowa: That the contract for Reservoir, as Contract No. 2 in the amount of $38,- 365.00 Ue awarded to Anton Zwack, Ittc., and that in accordance with the contractor's proposal, for changes in the work, either additions or deduc- tions, the following unit prices will apply: Earth excavation ___.___75c per cu. yd Floor concrete against ground______12.00 per cu. yd. Formed concrete _____22.00 per cu. yd. Provided, however, that this award shall not be effective until the Anton Zwaclc, Inc., shall have Veen notified in writing Uy the City Manager, of such award. B$ IT FURTHER RESOLVED, that this resolution being deemed urg- ent and of immediate necessity become effective from and after its final pas- sage and adoption by the City Council. Approved and placed on file for one week on becember 27th, 1938. 'Councilman Van Duelman moved that the resolution be approved and placed ou file for one week for public inspection, Seconded by Councilmen 4Vhartou. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Vau Duelman, Wharton. Nays-Noce. Notice of Injury and Claim for Dam- ages of Katheryn Kauavis in the sum of $5,000.00 for personal injuries re- ceived by falling into a depression lo- cated in a rock curbing which abuts and runs parallel with the width of a side- walk ou East 17th Street Uehveen Elm and Washington Streets, presented and read. Councilman Van Duelman moved that the Notice of Injury and Claim for Damages of Katheryn Kauavis be re- ferred to the City Solicitor. Secmtded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Clark, 'Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-Noce. Original Notice of foreclosure of tortgage of Bernice Riddle, Admiuis- tratrix of the Estate of Charles A. Riddle, deceased, Plaintiff, vs. IsaUelle Metcalf, City of Dubuque, Iowa, and Dubuque County, Iowa, Defendants, presented and read. Councilman 14Iur- phy moved that the Original Notice of foreclosure of mortgage be refen•ed to the City Solicitor. Seconded by Coun- ciltnan Thompson. Carried by the fol- lotviug vote: Yeas-Mayor Clarlc, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Communication of WKBB Radio Station, Uy Jim 'Carpenter, General Manager, extending thanks to the mem- Uers of the City Council for their co- Special Session, December 27th, 1938, 279 operation during the past year and ex-' tending heartiest wishes for the Christ- mas season and the year of 1939, pre- sented and read. ,Councilman Wharton ngoved that the communication be re- ceived and filed. Seconded by Council- man Thompson, Carried by the fol- lowing vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Petition of J. A. Zogg requesting the cancellation of the penalty in the amount of $21.35 on the special assess- ments levied against his property for the improvement of Roosevelt Street, presented and read, Councilman Thompson moved that the request be granted and that a warrant in the amotmt of $21.35 be ordered drawn on the Improvement Fund to cover the amount of penalty waived. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Petition of Adam Zillig Estate, by Robt. W. Clewell, Its Attorney, re- questing arefund on cigarette license for the unexpired six months bf the year covered by the license, as said business has been sold, presented and read. Councilman Van Duelman moved that the request be granted and that a warrant in the amount of $50.00 be or- dered drawn in favor of Adam Zillig Estate, By Robt. W. Clewell, Its Attor- ney, to cover the amount of refund gt•anted. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Clark, Councilmen Mur- phy, Thompson, Van Duelman, Whar- ton. Nays-Noce. - Ordinance No. 31-38. An Ordin- ance granting to Frank R. Lacy, trus- tee, owner, and James Yiannias, lessee, their heirs and assigns the right to con- struct and maintain a canopy in front of the Avon Theatre, over the sidewalk abutting the North 33 feet of the South 49 feet of City Lot S2 itt the City of Dubuque, Iowa, and prescribing the conditions of such permit, said ordin- ance having been passed upon first and second readings on the 19th day of December, 1938, presented and read a third time. ORDINANCE N0. 31-38. An Ordinance granting to Frank R. Lacy, trustee, owner, and James Yian- nias, lessee, their heirs attd assigns the right to construct and maintain a can- opy in front of the Avon Theatre, over the sidewalk abutting the North 33 feet of the South 49 feet of City Lot S2 itt the City of Dubuque, Iowa, and pre- scribing the conditions of such permit: BE IT ORDAINED BY THE CITY 'COUNCIL OF THE CITY OF DUBUQUE: PARAGRAPH 733, SECTION 1, That Frank R Lacy, trustee, owner, and James Yiannias, lessee, their heirs or assigns, be, and they are hereby granted the right and authority to con- struct and manttain a canopy in front of the Avon Theatre, over the sidewalk abutting the North 33 feet of the South 49 feet of City Lot S2 itt the City of Dubuque, Iowa, such canopy to be at least 11 feet above said sidewalk, and to be attached to the building located upon said lot and constructed over the entrance to the Avgn Theatre, located thereon, according to the plans filed with the building commissioner of the City of Dubuque, and to be built under the supervision of the building commis- sioner of the City of Dubuque. PARAGRAPH 734, SECTION 2. It is understood and provided that such right, license and permission is herein granted, subject to the payment and assumption by the said Frank R. Lacy, trustee, owner, and James Yian- nias, lessee, of the cost of publication of this ordinance and subject to the continuous control of the City Council of the City of Dubuque, reserving the right to impose restrictions or condi- tions upon the enjoyment thereof, as may reasonably be necessary for the protection of the public interests, in- cluding the right to revoke and rescind such permission if at any time the pub- lic interests should require such revoca- tion, If, and when such permit, right and license is revoked by the 'City Council, said Frank R. Lacy, trustee, and James Yiannias, lessee, their heirs or assigns, shall remove such canopy at their own expense, or restore such part of the sidewalk as has been occupied thereby to the same condition as it was in prior to the construction of such canopy, PARAGRAPH 735, S1•CTION 3, This ordinance shall be in force and effect ten (10) days from and after its final passage, adoption and approval Uy the City Council, and publication as provided by law, and the rights hereun- der shall accrue to said Frank R Lacy, trustee, and James Yiannias, lessee, their heirs and assigns when the pro- visions hereof shall have been accepted by them, Passed upon first and second reading this 19th day of December, 1935. Passed, adopted and approved upon final reading this 27th day of Decem- ber, 1938. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. 280 Special Session, December 27th, 1938, ACCEPTANCE OF ORDINANCE BY OWNER Frank R. Lacy, trustee, owner of the North 33 feet of the South 49 feet of City Lot 52 in the City of Dubuque, Iowa, does hereby accept the terms, provisions and conditions of the ordi- nance adopted by the City Council of the City of Dubuque, designated as: Ordinance No. 31-38. "An Ordinance granting to Frank R. Lacy, trustee, owner, and James Yiannias, lessee, their heirs and as- signs the right to construct and maintain a canopy in front of the Avon Theatre, over the sidewalk abutting the North 33 feet of the South 49 feet of City Lot 52 in the City of Dubuque, Iowa, and pre- scribing the conditions of such per- mit" this 28th day of December, 1938. FRANK R, LACY, Owner. ACCEPTANCE OF ORDINANCEt BY LESSEE James Yiannias, lessee, of the North 33 feet of the South 49 feet of City Lot 52 in 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 Du- buque, Iowa, designated as: Ordinance No. 31-38: "Au Ordinance granting to Frank R. Lacy, trustee, owner, and James Yiannias, lessee, their heirs and assigns the right to construct and maintain a canopy in front of the Avon Theatre, over the sidewalk abutting the North 33 feet of the South 49 feet of City Lot 52 in the City of Dubuque, Iowa, and pre- scribing the conditions of such per- mit;" this 28th day of December, 1938. JAMS YIANNIAS, Lessee, Published officially iu the Telegt•aph- Herald newspaper December 29th, 1938. J. J. sx>;A, 12-29-1t 'City 'Clerk. Councilman Van Duelman moved the adoption of the ordinance. Seconded by Couucilman 1Vharton. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Council Proceedings for the mouth of October, 1938, presented for approv- al. Councilman 11lurphy moved that the Council Proceedings for the month of October, 1938, be approved as print- ed. Seconded by Councilman Thomp- son Carried by the following vote: Yeas-Mayor Clark, Councilmen Ivlur- phy, Thompson, Van Duelman, 1Vhar- tou. Nays-Noce. Proof of publication, certified to by the publishers, of a statement of ,re- ceipts and also a list of claims for which warrants were drawn during the month of November, 1938, presented and read, Couucilman Thompson moved that the proof of publication be received and filed. Seconded by Councilman Mur- phy. Carried by the following vote: Yeas-Mayor Clark, Councilmen Mur- phy, Thompson, Van Duelman, Whar- ton. Nays-None. Report of the Board of Health for the month of November, 1938, present- ed. Councilman Thompson moved that the report of the Board of Health for the month of November, 1938, be re- ceived and placed on file, Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None, Resolution No. 135-38. Be It Resolved by the City Council of the City of Dubuque that the fol- lowing, having complied with the pro- visions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City: Name Address J. I, Spielman__601 Rhomberg Avenue Alfred Fmch_____1347 Central Avenue Be It Further Resolved that the bonds filed with the applications be ap- proved. Passed, adopted and approved this 27th day of December, 1938. CARL, A. CLARK, Mayor. FRANK VAN DUELMAN, ALB$RT WHARTON, G>~O. R. MURPHY, F. W. THOMPSON, Councilmen. Attest: J. J. SH$A, Cit}= Clerk. Councilman Murphy moved the adop- tion of the resolution. Seconded by Couucilman Thompson. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Councilman Murphy moved that the petition of James Sullivan requesting cancellation of the 1937 taxes on the South one-half of City Lot 332, be granted, and that the Board of Super- visors 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. Special Session, December 27th, 1938. 281 Councilman Wharton moved that the petition of 'C. $. Rhoades, Manager, Dubuque Automobile Club, objecting to the proposed plan to have the busses load and unload on the far corners of the intersections on Main Street be- tween 4th Street and 11th Street, be re- ceived and filed. Seconded by Coun- cilman Van Duelman. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. December 27, 1938. Honorable Mayor and City Council, Dubuque, Iowa. Re; Claim of Leona Kies Gentlemen: On January 17, 1938, there was filed with the City Clerk the claim of I,eoua Kies, in the sum of Five Thousand ($5,000) Dollars, far damages for per: sonal injuries sustained by her on the 12th day of December, 1937, at about 4 o'clock P, M., by reason of her slipping and falling on an accumulation of rough and ridged ice upon the crosswalk in the alley on the North side of Seventh Street, between Locust Street and Bluff Streets, in the City of Dubuque, while claimant was walking in a west- erly direction on the North side of Sev- enth Street, 'thereafter, on the 21st day of Sep- tember, 1938, suit was instituted by this claimant against the City of Du- buque in the District Court of Dubuque County, Iowa, in the sum of Five Thousand ($5,000) Dollars, in further prosecution of this claim. I have completed a thorough investi- gation of this claim and suit, in so far as the facts and circumstances would permit as soon as my assumption to the office of City Solicitor, and find that claimant did sustain this injury on the date and at about the time alleged, and that she was assisted into the $lks Club w=here first aid was rendered, and on the following day, after an X-Ray ex- amination, afracture of her left ankle was produced, and her leg immobilized in a plaster casing for a period of six weeks and that thereafter she was un-' der the care of a doctor for three and one-half months, during which time she was able to get about with the aid of crutches for two and one-half months, and with the aid of a cane for another month, but was unable to fol- low any gainful occupation since that time. Investigation further ascertained that at the time of this injury Miss Kies was employed by the Enduro-Tex Company of New York City and rues acting as a demonstrator far said company at the __ Roshek Department Store, and was earning $25.00 per week and commis- sion, Iu order to ascertain the exact ex- tent of claimant's injury and the per- manency thereof, and with the permis- sion of the claimant, I had her exam- ined by a specialist and au X-Ray taken of her ankle and limb on December 21, 1938, and find that claimant sustained a fracture of the external and posterior lip of the left tibia, An X-Ray taken of claimant's ankle in February of 1938 showed bone atrophy of this region which in the X-Ray taken December 21, 1938. was not indicated and that there is but little evidence of permanent injury, excepting that claimant still suffers pain in this ankle joint and swellipg of the ankle upon any extended use thereof, which results in difficulty in resting, and which may continue for some, time. With respect to the condition of this crosswalk at the time of the claimant's injury, I have interviewed four different witnesses including the officer who made the investigation of the accident shortly after it happened, and find that at the time of the accident this cross- walk was completely covered with hard packed snow and ice about 3 inches thick, and which was in a very rough, uneven and ridged condition due to the tramping of pedestrians, and the driv- ing of trucks through the alley, and thaP the condition of the crosswalk was such as to constitute a culpable defect and negligence on the part of the City. The evidence adduced further indi- cates that prior to the time of this ac- cident the City had actual as well as constructive notice of the condition of this crosstvallc. Iu view of the facts aitd circum- stances herein disclosed and the evi- dence adduced from the investigation made, I would respectfully recommend that this claimant's suit be settled by the payment to the claimant of the sum of Five Hundred ($500) Dollars, and that upon the execution of the receipt and release by the claimant, and the furnishing of a dismissal of the suit in- stituted in the District Court, a war- rant be drawn payable to and deliv- ered to &Iilton J. Glenn, attorney for Leona Kies. - I would further recommend that a warrant be drawn iu the sum of $4.75, payable to the Clerk of the District Court of Dubuque County, Iowa, for the costs of this suit. Respectfully submitted, AL. J. NELSON, City Solicitor. Couucilman Thompson moved that the recommendations of City Solicitor 282 Special Session, D~ Nelson be approved and that a war- rant in the amount of $500.00 be or- dered drawn payable to Milton J, Glenn, Attorney for Leona Kies, and that said warrant be delivered to Mil- ton J. Glenn, upon the execution of the receipt and release by the claimant Leona Kies, and the furnishing of a dis- missal of the suit instituted in the District Court and also that a warrant in the amount of $4.75 be drawn pay- able to the Clerk of the District 'Court of Dubuque County, Iowa, for the costs of the suit of Leona Kies. Seconded by Councilman Murphy Carried by the following vote: Yeas-Mayor Clark, Councilmeu Murphy, Thompson, Van Duelman, Wharton. Nays-Noce. There being no further business Councilmeu Van Duelman moved to adjourn. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. J. J. SH)aA, City Clerk. Approved _____________________ 1939.E Adopted _______________________ 1939. ----------------------- Councilmen: _______________________ Attest: ----------------------------- City Clerk, :cember 27th, 1938, l J i ..~