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1937 May Council ProceedingsRegular Session, Nlay 3rd, 1937 119 cirr couxca Regular Session, May 3rd, 1937. Council met at 7:40 P. M. Present-Mayor Chalmera, Coun• cilmen Bennett, Clark, Kane, Mur• phy, City Manager Evans. Mayor Chalmera 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. Claim of Betty Lagen in the amount of $57.50 cowering doctor bill for injuries sustained in falling on icy sidewalk at the Senior High School on December 14th, 1936, pre• seated and read. Couucilman Kane moved to refer the claim to the City Council. Sea onded by Councilman Clark. Car• ried by the following vote: Yeas-Mayor Chalmers, Council• men Bennett, Clark, Kane, Murphy. Nays-None. Claim of E, Lindenberg in the amount of $54.00 to cover doctor bill, hospital and nursing bills for injuries sustaiued by his wife in fall- ing on icy sidewalk in front of 1148 West Fifth Street on March 6th, 1937, presentefl and read. Councilman Bennett moved to re- fer the claim to the City Solicitor, Seconded by Councilman Murphy. Carried by the following vote; Yeas-Mayor Chalmera, Council• men Bennett, Clark, Kane, Murphy. Nays-None. Communication of H, S. Sarson calling attention of the City Council to the dangerous condition o4 a gul• ly on the northeast side of the road about 400 Peet from Wartburg Place, presented and read, Councilman Bennett moved to re• fer the communication to the City Manager for investigation and re• port. Seconded by Councilman Mur- phy, Carried by the following vote: Yeas-Mayor Chalmers, Council• mep Bennett, Clark, Kane, Murphy. Naffs-None. Notices of Appeal of Roy Curtis from the action of the City Manager of the City of Dubuque, Iowa, in re• fusing to appoint him to the posi• tion of Superintendent of the Water Department of the City of Dubuque, Iowa, and setting out reasons far said appeal, presented and read. Councilman Murphy moved to re• fer the Notices of Appeal to the City Solicitor, Seconded by Councilman Kane. Carried by the following vote: Yeas-Mayor Chalmers, Council• men Bennett, Clark, Kane, Murphy. Nays-None. Communication of Misa E, Line• han calling the attention of the City Council to the operation of an auto- mobile repair shop in a private gar• age adjoining her property at 1301 Main Street and requesting that pro per action be taken for the location of the' same in a more suitable neighborhood, presented and read, Councilman Murphy moved to ra fer the communication to the Build• ing Commissioner for investigation and report. Seconded by Council- man Kane. Carried by the follow- ing vote: Yeas-Mayor Chalmers, Council• men Bennett, Clarkx Kane, Murphy; Nays-None. Communication of Herbert A. Ken• nison submitting application for the position oY City Manager, presented and read, Councilman Clark moved to refer the communication to the City Conn• cll. Seconded by Councilman Kane. Carried by the following vote: Yeas-Mayor Chalmers, Council• men Bennett, Clark, Kane, Murphy. Nays-1\Tone. Communication oY H. B. Willen• borg submitting application Yor the position of City Manager, presented and read. Councilman Bennett moved to re• fer the communication to the City Council. Seconded by Councilman Kane. Carried by the following vote: Yeas-Mayor Chalmers, Council• men Bennett, Clark, Kane, Murphy. Nays-None. Communication of the American Legion Drum and Bugle Corps ad• vising the City Council that they wish to withdraw their request for the holding of a carnival on the property adjoining the Municipal Athletic Field, presented and read, Councilman Murphy moved to re• ceive and file the communication. Seconded by Councilman Bennett. Carried by the following vote: Yeas-Mayor Chalmers, Ceuncil• men, Bennett, Clark, Kane, Murphy; Nays-None, Petition of International Alliance of Theatrical Stage Employees and Moving Picture Machine Operators requesting that they be granted the privilege of placing members of their organization to work all athletic events and other attractions at the Dubuque Athletic Field as they have done in the past, presented and read. Councilman Bennett moved that the request be granted. Seconded by Councilman Murphy, Carried by the following vote: 120 Regular Session, May 3rd, 1937 Yeas-Mayor Chalmeas, Council• men Bennett, Clark, Kane, Murphy. Nays-None. Petition of Rhomberg Fur' Com• pony requesting permission to erect a canopy or marquee over the side- walk from the curb to the main en• trance of their store at 10th and White Streets, presented and read. Councilman Clark proved that the request be gt'anted and the City So• licitor to be instructed to prepare the proper ordinance. Seconded by Councilman Murphy. Carried by the following vote; Yeas-Mayor Chalmers,. Council- men Bennett, Clark, Kane, Murphy, Nays-None. Petition of Spahn•Rose LunrbeT Company requesting that an ordin• ante be enacted declaring .that por- tion of 11th Street between Jackson Street and the Alley toward White Street on the north side of the street as a restricted parking zone, pre• sented and read, Councilman Kane moved to sns• pend the rules far the purpose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Second• ed by Councilman Murphy, Carried by the following vote, Yeas-11'fayor Chalmers, Council- men Bennett, Clariz, Kane', Murphy, Nava-None, Mr. G. D. Rose addressed the Council requesting that the request of the Spahn-Rose Lumber Company far a restricted parking zone on a portion of 11th Street between Jack• son Street and the Alley toward White Street be granted and the proper ordinance drafted. Councilman Bennett moved that the request be granted and the City Solicitor to be instructed to prepal'e the proper ordinance, Seconded by Councilman Clark. Carried ty the following vote: Yeas-Mayor Chalmers Council• men Bennett, Clark, Kane, Murphy. Nava-None. Petition of Dubuque Life Under• writers requesting permission to erect a canvas streamer across Main Street at some suitable spat between 7th and 9th Streets, presented and read. Councilman Bennett moved. that the request be granted, Seconded by Councilman Kane. Carried by the following vote: Yeas-Mayor Chalmers, Council• men Bennett, Clark, Kane, Murphy. Nays-None. Petition of Mrs, Al Savory, Sav ary Grocery, requesting that either a loading zone sign be placed or that she be permitted to paint the curb ing, or else a parking limit sign be placed in front of hey' store at 625 Central Avenue, preseuted and read. Councilman Bennett moved to re• fer the petition to the City Manager fot• investigation and to submit a report.. as to traffic conditions south of Seventh Street on Central Aven• ne. Seconded by Councilman Mur• phy, Carried by the following vote: Yeas-Mayor Chalmers, Council• men Bennett, Clariz, I{one, Mm'plry. Nays-None. Petition of J, J. Nagle Estate,. by John A, Nagle, requesting that he be granted authority to pay the prin~ cipal of the delinquent special as- sessment plus 5% interest per an- sum levied against the Middle r/s of Lots 17 and' 18 of Davis Sub., Fund 921, preseuted and read. Councilman Kane moved that the request of J. J, -Nagle Estate, by John A. Nagle, be granted and that he be allowed to pay the principal of the delinquent sllecial assessments plus b% interest per ahnum and ad• vertising costs, the balance of penal- ties and interest to be waived, levied against the Middle '~ of Lots 17 and 18 Davis Sub., Fund 921, and that the County Treasurer be instructed accot•dingly. Seconded by Council• man Clariz.` Carried by the follow- ing vote: Yeas-Mayor Chalmers, Councll• men Bennett, Clat•lz, Kane, Murphy. Nays-None, Petition of Dubuque Millwot'icol's Local No. 164G requesting permission to use a loud speakei public address system somewhere i^ the vicinity of White and Jackson Streets, betR•een 6th and 12th Streets for a short per• iod during the noon hour and shortly after working hours at the mills, pre• sented and read. Councilman Bennett moved that the request be granted. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayol' Chalmers, Couucil• men Bennett, Clark, Dane, Murphy, Nays-None. Ordinance No. 5-37 An ordinance amending and chang- ing the Zoning Map of the City of Dubuque as provided for by Ordin• ante No. 3-34 designated "Zoning Ordinance of the City of Dubuque," so as to change to "Local Business District" certain defined territory now delimited as "Single-Family Residence District," and "Two-Fam• ily Residence District;' and declaring an emergency, said ordinance having been passed upon first reading on April 26th, 1937, presented and read a second time. D~i~ Regular Session, May 3rd, 1937 121 ORDINANCE N0. 5-37 An ordinance amending- and chang- ing the Zoning Map of the City of Dubuque as provided for by Ordinance No. 3--34, designated "Zoning Ordi- nance of the City of Dubuque," so as to change to,"hots] Business District" certain defined territory nosy delimited as "Single-Family Residence District" and "'ltvo-Family Residence District," and declaring an emergency. WHEREAS, it is deemed advisable by this Council to amend the Zoning Map of the City of llubuque, Provided for by Ordinance ATO. 3-34, designated as "Zoning Ordinance of the City of Dubuque," so as to change to "Local Business District" certain defined ter- ritory now delimited as "Single-Fam- ily Residence District" and "Two-Fam- ily Residence Diah•ict"; and T~'I3EREAS, notice of such proposed changes has been published as pro- vided by law and an opportunity has been afforded to all interested parties to abject thereto at a public meeting held on April 26, 1937; attd WHEREAS, no objections have been filed to the proposed changes; NOW, THEREI'ORE, Be it ordained by the Council of the City of Dubuque: PARAGRAPH GOl, Section 1. That the Zoning Map be, and the same is hereby amended and changed as follows:' (a) By changing from "Single-Pam• ily Residence District" to "Local Busi- ness District" the southerly 100' of westorly 20' oP Lot 2 of the subdivision of Lot 2 of Mineral Lot 363 and the southerly 100' of the easterly 100' of Lot 1 of the subdivision of Lot 1 of the Subdivision of Lot 2 of Mineral Lot 363; and (b) By changing From "Tejo-Family Residence District" to "Local Business District" Lot 1 of 21, Lat 2 of 2 of 21, Lot 1 of 2 of 21, and 21A in Smed- ]ey's Subdivision; Lot 3 of 1 of llfin- eral Lot 314, Lot 2 of 1 of Mineral Lot 314, and Lot 1 of 1 of Mineral Lot 314; Lot 1 of 1 of 3 of Mineral Lot 113A, Lot 1 of 2 of 3 of Mineral Lot 113A, and Lot 1 of 2 of 2 of 114ineral Lot 113A; and Lots 1, 2, 3, and 4 of Scharles' Subdivision, PARAGRAPH 602, Section 2. This Ordinance being deemed urgent and of immediate necessity, shall be in force and effect from and after its final passage, adoption, and approval by the City Council and publication as provided by law. Passed upon first reading this 20th day of April, 1932. Passed upon second reading this 3rd day of May, 1937. Passed, adopted, and- approved this 3rd day of May, 1937. JOHN I{. CHALt11ERS, Mayor. CARL A. CLARFC, M. R. KANS. GEO. R. MURPHY, A. M. EENNETT, Councilmen. Attest: J..I. SHEA, City Clerk. Published officially in The Telegi•aph- Herald newspaper, i11ay 5th, 1937., J. J, SHEA, 5-5-1t City Clerk. Councilman Kane moved that the reading lust ]lad be considered the second. reading of the ordinance. Sec• onded by Councilman Murphy, Car• ried by the following vote: Yeas-Mayor Chalmers, Council• men Bennett, Clark, Kane, Murphy. Nays-None. Councilman Kane moved to sus• pend the rules requiring au ordiu• once to be read on three separate days, Seconded by Councilman Ben• nett. Car1'ied by the following vote: Yeas-Mayor Chalmers, Council• men Bennett, Clark, Kane, Murphy, Nays-None, The ordinance was then read a third time. Councilman Kane moved the adop• tion of the ordinance, Se'couded by Councilman Bennett. Carried by the following vote; Yeas-Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy, Nays-None, April 30, 1937. To the Honot'able Mayor and City Council, Dubuque, Iowa. Gentlevten: In accordance with the provisions of Chapter 289 of the State Code of Iowa 1935, the Civil Service Commission `conducted an entrance examination on April 5, 1937, for those seeking positions on the eligible list for appointment to positions on the Police and Fire De• partments. The following are those who pass- ed the mental and physical examin• ations with the highest average. All appointments for positions on the Police and Fire Departments should be made from this list for the period , commencing April 1, 1937 and ending May 31, 1938, POLICE DEPARTMENT Wm. Harold Ball :........................... 94 ......... 92>/4 Walter GO Orion ............:....:......... 91>/z Ft'anklin L, Atkinson .................... 90 Jerome Steffen .............................. 873'4 Clarence A. Oswald .................... 853'4 Robert Neuman ............................ 86/4 J. Norbert Rausch ..........................84 Edward F. Gaidzik .................... 833'4 Clarence P. Ryan ........................ 83 y4 FIRE DEPARTMENT Eldon' H, Strohmeyer ................ 9fir/4 Edward Gerhard .....................:...... 96>/4 Cyril V. Behr ................................ 93>~ John N. Connelly ...................... 93>/z Wm. J. Lynch ..................................93r/z Hamer M. Buckley ........................ 923'4 John R. 11IcEvoy ............................92~ Cyril Schuckert ............................ 92r/4 Edwin C, Kalloway .................... 90r/4 Belden Mardauss ............................90'/4 Respectfully submitted, R. L, WOODWARD, Chairman. E, J, RYAN, B. C. SCHMID, Commissioners. A, E, SIGMAN, Secretary. 122 Regular Session, May 3rd, 1937 Subscribed and sworn to before me this 30th day of April, 1937. JOHN J. SHEA, Notary Public. Councilman Bennett moved that the report of the Civil Service Com- mission be made a matter of record. Seconded by Councilman Clark. Car- ried by the following vote: Yeas--Mayor Chalmers, Council• men Bennett, Clark, Kane Mm•phy, Nays-None. Communication of Wm, I,, Ryau, Chief of Fire Department, recom- mending that condemnation action be started in having the r4ins of the building located at 422.428 Main Street, owned by Sisters of the Holy Ghost, torn down and the material removed from the premises, present• ed and read'. Councilman Bennett moved to re• far the communication to the City Treasurer for investigation and to report back to the City Council• as to the status of the City holdings in this building. Seconded by Coun- cilman Murphy. Carried by the fol• ]owing vote: Yeas-Mayor Chalmers, Council• men Bennett, Clark, Kane, Murphy, Nays-None, Communication of W, J, Connell, M.D., Director of Health, requesting that a second hand car be purenased for the use of the Milk and Sanitary Inspector, presented and read. Councilman I{one moved to refer the communication to the City Man- ager for investigation and to report back to the City Council ae to the needs for purchasing of a car, Sec• onded by Councilman Murphy. Car- ried by the following vote: Yeas-Mayor Chalmers, Council• men Bennett, Clark, Kano, Murphy. Nays-None, Communication of C. F, Bartels, Building Commissioner, submitting report on the petition of F. P, Fuhr- mann requesting permission to con• struct a stairway in the alley at rear of his building located at 905 Central Avenue, presented and read. Councilman Murphy moved to re• far the communication of the Build• ing Commissioner and the petition of F. P. I'uhrmann to the City Coun- cil to view the grounds. Seconded by Councilman Bennett. Carried by the following vote; Yeas-Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy, Nays-None. Communication of C. F. Bartels, Building Commissioner, submitting bids for the painting of the town clock and advising Council that the bid of S. G. Bennett is the lowest bid received, presented and read, City Manager Evans recommend• ing that the bid of S. G~ Bennett in the amount of $180.00 be accepted as his bid is the lowest bid received, Councilman Kane moved that the recommendation of City Manager Ew ans bs~approved, Seconded by Coun• oilman Murphy. Carried by the fol- lowing vote. Yeas-Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays-None. Apt•ii 30, 1937. To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: On April 29th Mr. Bart Molo requested that the boule• vard street light located approxim- ately 60 feet north of 14th Street, on the west side of Central Avenue, be eliminated, He stated that this would interfere with traffic coming from Central Avenue into his new gasoline station at the northwest corner of Central Avenue and 14th Street. Yesterday the writer contacted the owner of the store just north of Mr..Mo]o's new gasoline station. He stated that he did not desire to have this street light removed. However, today Mr. Mold stated that an agreement had been made with this store operator and the stare operators north of there that this street light could be moved at the cost of Mr. Mold from 5 to 10 feet north and that no objection would result, Accordingly, this request is sub- mitted to the Council for considera- tion and authorization, if possible, to provide for a safer entrance to this new gasoline station. Respectfully submitted, R, M, EVANS, City Manager. Councilman Kane moved that the request be granted, Seconded by Councilman Bennett, Carried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Clar]t, Kane, Murphy. Nays-None. April 30, 1937. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen; On April 30th Mr. Henry Goard, who lives at 64 Gan• dolfo Street, Dubuque, talked to the writer and he advised that the County Auditor suggested that an appeal be made to the City Council so that authorization could be made to pay the entire amount of assess- ments on two lots on which none of the principal has been paid. This includes Project 903, Sanitary Sewer in West Dubuque, levied December 22, 1930, Mr, Goard was assessed $72.41 for Lot 22 of O'Neill's Sub, No, 3 and Regular Session, May 3rd, 1937 123 also $72.40 for Lot 23, These two lots were taken over by scavenger sale, but now the owner plans to redeem the same by borrowing suf- ficient cash to pay the entire 100% of the special assessments, plus 5% interest per year, and to pay cur- rent taxes and 1.10 of prior year taxes. Seven-tenths of this original assessment is now delinquent, but the plan of the owner is to pay 100% of the principal on the two lots. Accordingly, the prinCipa] on the two lots totals $144.81 and 5% in- terest per year to May 8, 1937, in- cluding six years, three months, fif- teen days, total $45.55, ot• the total principal and interest includes $190.36, The appeal is to eliminate pen- alties in order that this can be paid within a few days, Approximately eight months ago, when Mr. Goard was in our office, he stated at that time that he could provide no mon- ey far redeeming this delinquent special assessment and at that time he could not borrow any money to cancel this delinquency, Mr, Goard states that be has not worked dur- ing the last winter ar this spring to date. Respectfully submitted, R. M. EVANS, City Manager. Councilman Kane moved to refer the communication of City Manager Evans to the City Council. Second- ed by Councilman Bennett, Carried by the following vote; Yeas-Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy, Nays-None, April 21, 1937. To the Honorable Mayor and City Council, D;tbuque, Iowa. Gentlemen: Mrs, W. J. Hubbard, who lives at 2239 Francis Street, made an appeal today to be sub- mitted to the City Council for a refund on two special assessments paid on December 30, 1936. On October 5, 1936, the City Ceunci] made the following two authorizations; (a) That on Lot 25 of Tivoli Addition, for the paving of Francis Street, Fnnd 628, where no bonds were outstanding, the principal - $25.74 could be paid by November 15, 1936, without paying, City pen- alties or interest. Due to scavenger sale, an additional amount of $12,77 was paid to the City, according to the City Treasurer's t•ecords. The Council later extended the date from November 16th to December 31st for these final payments. (b) Again on the same date of October 5th the Council authm•ized the delinquent principal on Lot 3 of Lot 7, G. D, Wood's Sub., for the paving of Lowell Street, Fund 863, to be paid on the basis of delinquent principal plus 5% interest per year. This payment was also made in two portions on December 30th, includ- ing apenalty of $7.64 in excess of the principal due and the interest paid. Again on April 27th Mrs, Hubbard asked the writer if any refund of her special assessment penalties had as yet been authorized by the Coun- cil. Hotlt of the two lots, as above outlined', were under Scavenger Sale and both were redeemed by Decem- ber 30th, 1936, In order t0 pay all delinquent taxes and special assess- ments aconsiderable amount of each was borrowed and now the owner of said lots needs the refund fro;n the City to properly operate her gen- eral expenses and to pay interest on the sum borrowed. Mrs. Hubbard stated that her home was in bad con- dition as it required repairing, painting and many improvements, but as yet no possible revenue was available. Accordingly, the appeal raw from Mrs. Hubbard is to have refunded the $12.77 and the $7.54, or a total of $20.31, Respectfully submitted, R, M. EVANS, City Manager, Councilman Kane moved that the request be granted and that a war- rant in the amount of $20.31 be or- dared drawn on the Special Bonded Fund in favor of Mrs, W. J, Hub- bard to cover the amount of refund granted. Seconded by Councilman Clark. Carried by the following vote: YeaJS-Mayor Chalmers, Counci)r• men Bennett, Clark, Kane, Murphy, Nays-None, April 27th, 1937. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: An appeal was made on April 24th to the writer by Mrs., John Ertl, who lives at 104 Sunny- side, Waterloo, Iowa, to submit to the Dubuque Council her request to have the penalty authorized tc be eliminated, or refunded to her in connection with a portion of delin- gnent special assessment, This as- sessment was in Fund No. 774, far the Paving of Broadway, as levied Novembet• 28th, 1928. The original assessment was made on Lot 17 of John King's Dubuque Sub. The own- er in 1928 was Mrs, Catherine Kun- nert, the mother of both Mrs, John Ertl and Mr, John Kunnert. The total assessment on said Lot 17 was $616.98. Recently Mr, John Kunnert ad- 124 kegular Session, IVIay 3rd, 1937 vised Mt•. Otto Puls that only one, half of the total special assessment on Lot 17 was to be paid by Mt•• Kunnert. Mr. Kunnert has now paid his portion of this revised assess- ment division, except the last 1.10 due March 31st, 1938. Accordingly, a change was made at the Court House- On April 24th Mrs• John Ertl advised the writer that on that same day it was the first time that she had ever known of a special assessment due for pay, mart by her on the undivided one, half of Lot 17. Mrs. Ertl agreed to pay the entire nine yearly portions of one-half of the total assessment _ $516.98 on Lot 17 sand also to at onto pay the last 1.10 payment due i in about eleven mouths on the basis ~ of principal, plus 5% iuterest pet, year and any County costs. She was advised to come to my office on April 24th, 1937, by the County Treasurer, On April 27th the County Auditor advised that no scavenger sale was listed on either of the two, un- divided one-half portions of Lot 17 of John King'a Dubuque Sub. He stated that taxes had bEen paid. Accordingly, the writer suggests the authorization of this penalty to be eliminated' by the City Council for Mrs. John Ertl and the County and City Treasurers be advised accordingly. Respectfully submitted, R. M. EVANS, City Manager. Councilman Clark moved to refer the communication of City Manager Evans back to the City Manager for further investigation and report. Seconded by Councilman Bennett. Carried by the fo1lo~Ning vote: Yeas-Mayor Chalmers, Council- men Bennett, Clarlc, Kane, Murphy. Nays-None, May 3rd, 1937• To the Honorable Mayot• and City Council, Dulluque, Iowa. Gentlemen: Mr. Carl Gt•abow's lettet• and his repot•t of the 1936-37 Budget Appt•opriaticns and Expendi• tares of the same fiscal year far the Athletic Park at East Fourth Street have been studied'. The Budget Ap- propriation was $1,465.00 and the actual expenditures paid iu 1936-37 fiscal year were $2,336.77, as proper, ly listed by Mr, Grabow, The actual cash received fot• 1936- 37 was also only $250.07. However, an additional credit of $305.00 was submitted by Mr. H• A• Engel in March, 1937, for the purchase of a two•year•old, used automobile, as sold to the City by Mr. Engel. This $305.00 amount included the last por• lion of Mr, Enge]'s contract for wrestling at the Athletic Park, in• eluding five dates in June, July and August, each based' at $61.00 per evening. This $305.00 was not ]fated as CASH, but it was. included in the order fot• the purchase of the 1935 Nash automobile. Respectfully submitted, R. 1YI, EVANS, City Manager. Councilman Bennett moved that the communication of City Manager Evana be received and filed. Second- ed by Councilman Murphy. Carried by the following vote: Yeas-Mayor Chalmers, Councilr men Bennett, Chalmers, Kane, Murphy. Nays-None. May 1, 1937. To the Honm•able Mayor and City Council, Dubuque, Iowa. Gentlemen: In connection with the City owned house ou Lot 593 Prescott Street, just west of the Whittier Street intersection, attach- ed is pan offer from Mr. Salomon Thoeni to rent this property for $10.00 per month, Again on April 27th Mt•. A. E. Klossner, who now lives at 1110 Jackson Stt•eet, came to the City Hall and stated that he desired to buy this same lot and house for $1,000.00. His condition of purchase was that the City should install a water main along Prescott Street in front of this house, including fire hydrants for protection. Mr. Klossner stated that he would came to the Council meeting at 7:30 P. M. May 3, 1937, and discuss this question with the City Council, Respectfully submitted, R. M. EVANS, City Managet•. P. S.-Attached is the letter sub, mitted to the Council April 26th from Mrs. Myrtle Schiltz far rental of this property. Councilman Bennett. moved that the communication of City Manager Evans be referred to the City Engin• ear and Superintendent of the Water Depat•ttnent to submit a t•eport to the City Council as to the cost of con- struction of a water main and sa~i~ tats sewer in said Prescott Street. Seconded by Councilman Murphy. Carried by the the following vote: Yeas-Mayor Chalmers, Counc4l• men Bennett, Clark, Kane, Murphy. Nays-None. May 1, 1937, To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: On May 1st Mrs. Jo- seph L. Hird, who lives at 2239 Delhi Street, made a request to the writer to advise her of the delin• kegular Session, May 3rd, 1937 125 quart special assessments due on her property. Accordingly, an an- alysis zvas made in connection with Project 903, including the West Du- buque Sanitary Sewer levied Db• camber 1, 1930. We found that a pm•bion of Finley, Waples & Burton's Lots 28, 29 and 30 included' the fol• lowing: That the original assessment on tl~se three lots totalled $170.54; that the payments had been made on the 1.10 of these principals in the yeat•s 1931 and 1932; that the remaining pm•tion of the 8 yearly principals that are not entirely due total $13G.32. The interest per year at 5% on the amount not paid is $6.81• Accordingly, to Mrs, Hird's re- quest that she would attempt to pay this entire principal and interest, the estimated total cast up to the end of this month woad be approxim- ately $120.42, including the entit•e amount of principal not paid, plus interest at 5%. An inquiry was made as to wheth• er her lots had' been taken over by scavenger sale. She did not thick so. The County Auditor was called and a statement was made by him that no scavenger sale had been made on these three lots. Nirs• Hird stated that her husband had recent- ly died and that she had been and was still sick and to provide for the retirement of these special assess- ments she hoped to be able to bor• row sufficient money and then to sell one ot• more of these lots. Accordingly, the appeal is to be authorized by the City Council to eliminate the penalty on these three special assessments. Respectfully submitted, R• M. EVANS, City Manager. Councilman Clark moved that Mrs. Joseph L• Hird be granted permis• Sion to pay the principal, plus 5%o iuterest per annum and advertising costs, the balance of penalties ana interest to be waived, on the delin- quent special assessments levied against Lots 28, 29 and 30 of Fin• ley, Waples & Burton's Addition, Fund' 903, and that the Ccunty Treasurer be instructed according- ly. Seconded by Councilman Ben• nett. Carried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays-None. Resolution Na. 51-37. Whereas, application for Class "B" Beer Permit has been sub, mitted to this Council for approval and the same has been examined: Naw, Therefore, Be It Resolved by the Council of the City of Dubuque that the Follow ing application be and the same is hereby approved and it is ordered that the premises to be occupied by such applicant shall be forthwith inspected: CLASS "B" PERMIT. Name. Address. Casper Schneller, 2605 Rhomberg Avenue. Passed', adopted and approved this 3rd day of May, 1937. JOHN K. CHALMERS, Mayor. CARL A. CLARK, M. R. KANE, GEO. R, MURPHY, A, M. BENNETT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Murphy moved the adoption of the resolution, Second- ed by Councilman Bennett. Carried by the following vote: Yeas-Mayor Chalmers, Couucil• men Bennett, Clark, Kane, Murphy. Nays-None, Resolution Na. 52-37 Whereas, heretofot•e applications were' filed by the within named appli• cants for Beer Permits and they re• ceived the approval of this Council; and Whereas, the premises to be occu• pied by them have been inspected and found' to comply with the ordin- ances 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 Man• agar be and he is het•eby directed tc issue to the following named per, sons a Beer Permit. CLASS "B" PERMIT Casper Schneller, 2605 Rhomberg Avenue, CLASS "C" PERMIT Hent•y Jenni, 1296 Main Street. Jacob Schwietering, 898 Main Street. F. W. Thornpsoa, 66 Locust Street. Harry R. Smith, 235 West 3rd Street. Joseph J. Sullivan, 800 Nest 51h Stre~et• Be it further resolved that the bonds filed by such applicants be and the same are hereby approved. . Passed, adopted a.nd approved this 3rd day of May, 1937. JOHN K. CHALMERS, Mayor, CARL A. CLARK, M. R. KANE, GEO. R• MURPHY, A. M. BENNETT, Councilmen. Attest: J• J. SHEA, City Clerk• 126 Session, May 3rd, 1937 Councilman Murphy moved the ad- option of the resolution. Seconded by Councilman Bennett. Carried by the following vote; Yeas-Mayor Chalmers, Council• men Bennett, Clark, Kane, Murphy. Nays-None. Resolution No. 53-37 Whereas, our attention has been directed to the action of the House of Representatives passing HR 1668, (commonly referred to as the Pet• tengill Bill) a measure which pro• poses to amend the Fourth Section of the Interstate Commerce Act by relieving the Railroads of the obli• gation of observing the rates at far• ther distant points as maximum at intermediate points; in other words, eliminating what is familiarly known as the long and short haul clause, The present provision of the Act was incorporated as a result, pri- marily, of complaints from interior cities against the practice of rail carriers publishing low rates be• tween competitive points, whil$ maintaining higher rates at inter mediate points. The law was later amplified in the following respect: "The Commission shall not per• mit the establishment of any charge to or from distant paints that is not reasonably compensa• tory far the service performed:' Whereas, history and the present attitude of the Railroads clearly in• dicate that the sole purpose in their advocacy of the passagb' of the Pet• tengill Bill is to again regain the power to destroy competing trans- portation agencies (truck and water carriers) by putting in effect, at com• petitive paints, rates so low as to destroy this competition and when that is accomplished, raise their rates to existing levels or higher. Whereas, the Federal Government has, and is spending millions of dol- lars in providing adequate channels on our Inland Waterways in order to insure to the people of the Mid• die West, the benefits resulting from ]ow cost water transportation, and now the Railroads are demanding the power to destroy, at will, both truck and water transportation, Whereas, the enactment of the Pettengill Bill would not only ren- der useless,, the facilities being pro• vided by the Federal Government, and which would help to build up industrial development in Iowa and surrounding States, but would also drive all major industries presently located in this section, to the East• ern and Western Seaboard. The proposals embodied in the Pettengill Bill are branded as vicious by the ablest traffic experts in the country and have been branded by Mr, Jos, B. Eastman, until recent- ly Federal Co-Ordinator of Trana• ;portation for President Roosevelt, as a "reversion to the jungle," Be it therefore resolved, by the City Council of Dubuque, Iotiva, that we place ourselves on record as be` ing unalterably opposed to H. R. 1668 and that we request our Sen- ators, the Honorable Clyde L. Herr• ing and Honorable Guy M, Gillette, to exert every power and influence at their command to prevent the passage of this measure when it comes before the Senate. Be it further resolved, that cop• ies of this Resolution be transmitted to Senators Herring and Gillette by the Mayor, together with a request for an expression of their attitude on this most important matter. Passed, adapted and approved this 3rd day of May, 1937. JOHN K. CHALMERS, Mayor. CARL A. CLARK, M, R. KANE, GEC. R. MURPHY, A. M. BENNETT, Councilmen, Attest: J. J. SHEA, City Clerk. Councilman Bennett moved the adoption of the resolution. Second- ed by Councilman Clark. Carried by the following vote: Yeas-Mayor Chalmers, Council• men Bennett, Clark, Kane, Muruhy. Nays-None. Councilman I{ono moved that the recommendation of City Solicitor Czizek be approved and that the City Auditor be instructed to draw a warrant in the amount of $219.18 on the Consolidated Fund, Group Ten, under the heading of Municipal Im• provements, payable to the Special Improvement Bond Fund and be dis• tributed to the following Funds in the following amounts: Fund No. 819 in the amount of $6,01; Fund No. 823 in the amount of $29.61; Fund No. 835 in the amount of $11,94; Fund No, 834 in the amount of $21,36; Fund No. 832 in the amount of $9.13; Fund No, 881 in the amount of $76.60; Fund No. 928 in the amount of $24.93; Fund~No. 929 in the' amount of $39.60. Seconded by Councilman Bennett. Carried by the following vote: Yeas-Mayor Chalmers, Council• men Bennett, Clark, I{one, Murphy. Nays-None. Councilman Kane moved that the request of Dubuque Trades and Lab• or Congress, for the holding of a carnival in the early part or the middle of June and also that the I license fee be eliminated, be grant- 1 Session, Nlay 10th, 1937 _ 127 ed. Seconded by Councilman Ben- nett. Carried by the following vote: Yeas-Mayor Chalmers, Council men Bennett, Clark, Kane, Murphy. Nay-None. Councilman Kane moved that the City Solicitor be instructed to pre• pare an ordinance for the amend- ing of the ordinance covering license fees for the holding of carnivals. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Chalmers, Council• men Bennettx Clark, Kane, Murpuhy. Nays-None. Councilman Kane moved that the bid of Ken Fenelon for the rental of the Municipal Athletic Field for the holding of Athlehic Shows dur- ing the season of 1937 be accepted. Seconded by Councilman Clark. Car• ried by the fallowing vote. Yeas-Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays-None. There being no further business, Councilman Bennett moved to ad• journ, S e c o n d' e d by Councilman Kane, Carried by the following vote: Yeas-Mayor Chalmers, Council• men Bennett, Clark, Kane, Murphy. Nays-None J. J. SHEA, City Clerk. Approved ....................................1937. Adopted ........................................1937. Councilmen : ........................................ Attest : .................................................. City Clerk. CITY COUNCIL (Official.) Special Session, May 10th, 1937. Council met at 4:45 P. M. Present-Mayor Chalmers, Coun- cilmen Bennett, Clark, Kane, Mur• phy, City Manager Evans, Meeting called by order of Coun• cilmen Kane and Clark. Dubuque, Iowa, May 8th, 1937. To: John K, Chalmers, Mayor. Notice and Call of Special Meeting of the City Council of the City of Dubuque; You are hereby notified and thete is hereby called a special meeting of the City Council of the City of Dubuque, in the County of Dubuque; State of Iowa, for 4:30 P. M. on Monday, May 10, 1937, at the City Hall, Dubuque, Iowa, far the pur- pose of considering and acting on a resolution directing the City Clerk of said' City to cause public notice to be given of the proposed action to issue $149,000.00 Funding Bonds of said City and for the transaction of such other business as may pro- perly come before a regular meet- ing of said Council. M. R, KANE, CARL A. CLARK, Councilmen. Councilman Clark moved to sus- pend the rules for the purpose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Second• ed by Councilman Bennett, Carried by the fallowing vote: Yeas-Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays-None, The Ladies of Mary Agard Tent, Daughters of Union Veterans, ad- dressed the Council requesting per• mission for the holding of a Flag Tag Day Sale on June 12th, 1937, Councilman Bennett moved that the request be granted. Seconded by Councilman Clark, Carried by the following vote: Yeas-Mayor Chalmers, Council• men Benuett, Clark, Kane, Murphy. Nays-None. Mrs. Selma Weeds addressed the Council relative to the present con- , dition of the wall on Madison Street, Councilman Bennett moved to re- fer the complaint of Mrs. Selma Weeds to the City Manager for im- mediate investigation and report. Seconded' by Councilman Murphy. Carried by the following vote: Yeas-Mayor Chalmers, Council• men Bennett, Clark, Kane, Murphy. Nays-None. Claim of Joseph J. Roepsch to 128 Special Session, May 10th, 1937 cover costs incurred for injuries sus- tained in falling on icy sidewalk in Yrant of residence horth of 1203 Grove Terrace on the property ~' lrnown as the Lee property, pre- sented and read. Councilman Bennett moved to re- '. fer the Claim to the City Solicitor. Seconded by Councilman Murphy, ' Carried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays-None. Communication of Bert B, Hanson submittiug application for the posi- tion of City Manager, presented and read. Councilman Bennett moved to re• fer the Communicaton to the City Council. Seconded by Councilman Kane. Carried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays-None. Communication of Harlan G. Mel- chior submitting application for the position of City Manager, presented and read, Councilman Kane moved to refer the communication to the City Coun- cil, Seconded by Councilman Ben- nett. Carried by the following vote: Yeas-Mayor Chalmers, Council• men Bennett, Clark, Kane, Murphy Nays-None. Comnnunication of Edty, R. Her• Bert, Assistant Director, Iowa State Employment Service affiliated with United States Employment Service, submittiug form of agreement to be accepted and signed by the Mayor or Council and also a certificate to be completed by the City Treasurer showing that local funds have been made avanlable in the assisting of maintaining the local office of the Iowa State Employment Office, pre- sented and read. Councilman Murphy moved that the Maycr and City Treasurer be authorized to execute the form of agreement 'and certificate. Second- ed by Councilman Kane. Carried by the following vote: Yeas-Mayor Chalmers, Council= men Bennett, Clark, Kane, Murphy, Nays-None, Communication of Dubuque Tra- veling and Business Men's Associa- tion entering objection to the plac- ig of the two newly installed stop signs at 8th and Central Avenues, presented and read. Councilman Kane moved to refer the communication to the City Coun- cil, Seconded' by Councilman Ben- nett. Carried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Clarlc, Kane, Murphy. Nays-Noce, Petition of Klauer Manufacturing Company requesting permission tp erect loading platforms and canopies on the north and east sides of their new warehouse at 10th and Wash- ington Streets, presented and read. Councilman Clark moved that the request be granted and that the City Solicitor be instructed to prepare the proper ordinance. Seconded by Councilman Murphy, Carried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays-None, Petition of Mrs. Mary Nicks, re• ferred to the City Council by the Board of Supervisors, requesting sus- pension of the 1936 taxes ou Che north ~ of south middle 1.5 of City Lot 487 and the south r/2 of middle 1-5 of City Lot 487, presented and read. Councilman Kane moved to refer the petition to the City Solicitor for investigation and report, Seconded by Councilman Murphy, Carried by the following vote; Yeas-Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays-None, Communication of Roy W. Furry submitting application for the pd~sf- tion of foreman on the new City dredge, presented and read'. Councilman Murphy moved to re- fer the communication to the City 14fanager. Seconded by Councilman Bennett. Carriod by the following vote; Yeas-Mayor Chalmers, Council• men Bennett, Clark, Kane, Mm•phy, Nays-None, Annual report of the Board of Lib- rary Trustees and also the report of the Librarian for the year ending March 31, 1937, presented. Councilman Murphy moved that the reports be received and placed on file. Seconded by Councilman Clark. Carried' by the following vote: Yeas-Mayor Chalmers, Councn"I- men Bennett, Clark, I{one, Murphy. Nays-None, Annual report of the City Health Department for the year January 1st, 1936, to January 1st, 1937, presented, Councilman Bennett moved that the report be received and placed on file. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Clarlc, Kane, Murphy. Nays-None. Communication of W. J. Connell, Director of Health, requesting that Mr. Chapman be grouted a leave of absence from May 24th to 28th to attend the school of instruction for Special Session, May 10th, 1937 129 Milk Sanitarians to bo held in Chi- cago, Illinois, presented and read. Councilman Murphy moved that the request be granted. Seconded by Councilman Kane, Carried' by the following vote: Yeas-Mayor Chalmers, Council• men Bennett, Clai+k, Kane, Murphy, Nays-None. Communication of Planning and Zoning Commission advising the City Council that they have been worlring in conjunction with the Board of Doclc Commissioners upon the request for the vacation of the Alley in Block 14, Dubuque Harbor Improvement Company's Addition and requesting an exten0ion of time in order that they can make a full and complete recommendation, pre• seated and read. Councilman Bennett moved that the request be granted. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Chalmers, Council• men Bennett, Clark, Kane, Murphy. Nays-None, May 5th, 1937. To the Honorable 14layor and' City Council, Dubuque, Iowa, Gentlemen: In accordance with the provisions of Chapter 289 of the State Code of Iowa 1935, the Civil Service Commission conducted a promotional examination, as of Ap- ril 5th, 1937, for those seeking pro- motions on the Police and Fire De- partments. The following are those who pass- ed with the highest averages. All promotions on the Police and Fire Departments should be made from this list for the period commencing April 1, 1937, and ending March 31, 1938. ELIGIBLE LIST FOR PROMOTIONS-POLICE DEPARTMENT. Joseph Strut ................................... .100 Albert Altman ................................. .100 George Gilligan ............................... . 99 John Brady ....................................... . 99 Frank Mats ....................................... . 98 Hugh Callahan ..........:.................... . 97 Wm. Trentz ..................................... . 95 John Dolan ....................................... . 89 Joh^ Donahue ................................ .. 87 Edward Whitfield .......................... .. 84 ELIGIBLE LIST FOR PROMOTION TO CAPTAIN- FIRE DEPARTMENT Harold Cosgrove ............................ ..100 Wm. Higgins .................................... .. 99 Wm. Kinaella .................................. .. 86 ELIGIBLE LIST FOR PROMOTION TO ENGTNEER - FIRE DEPARTMENT Patrick Casey .:................................ .. 93 Louis Wemett ................................ .. 87 Ray Slaght ........................................ .. 77 ELIGIBLE LIST FOR PROMOTION ,TO LIEUTENANT- FIRE DEPARTMENT. Wm. Blaser .........................................1D0 Louis Donovau .................................. 99 Ellwood Fliclc .................................. 99 Mayhew Bennett .............................. 97 Otto Larsen ...................................... 95 Wm. Stoltz ...................:.................... 94 Fred' Huftill ........................................ 94 Martin Fury ....................................... 93 Cyril Roberts .................................... 91 John Schadle .................................... 91 Respectfully submitted, R. L. WOODWARD, Chairman. E. J, RYAN, B. C. SCHMID, Commissioners. A, E, SIGMAN, Secretary. Subscribed and sworn to before me this 9th day of May, 1937. JOHN J. SHEA, Notary Public. Councilman Murphy moved that the report be made a matter of rec- ord. Seconded by Councilman Kane, Carried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Clark, Kane, IDlurphy. Nays-None. May 10th, 1937. To the Honorable Mayor, City Coun- cil and City Manager, Dubuque, Iowa, Gentlemen: Subject: Investigation and report on Miss E, Linehan's complaint on semi-public garage operating next door to her residence at 13D1 Main Street. The garage in question is a two (2) car brick and stucco building at 1335-37 Main Street, operated' by R, P. Sefzik, who lives at 430 Clark Street. The property is owned by Pred Gielissen. Mr. Sefzik uses the garage to repair his three cars and cars of friends of his who hire him to repair same. He claims he does not advertise or solicit general re- pair service. According to Miss Line- han, there ors at various times, cars Prom every state in the union park- ed back in the alley for repair ser- vice. The repair work is generally done in the evening as Mr. Sefzik works downtown yin the day time, Miss Linehan's tenants complain of smoke from the chimney of 'tire garage entering into their apart~ meats because the chimney is not as high as the roofs of adjoining buildings, The tenants also com• plain of the smell of burnt rubber from the stove. Miss Linehan com• plains of the carbon monoxide gas, Mr. Sefzik states there is only soft coal smoke in the winter time when the heating stove is going, and that there are no gas fumes at any time, 130 Special Session, May 10th, 1937 Special Session, May 10th, 1937 131 Mr. Sefzik claims to have occupied the garage since 1928. Miss Linehan claims the building should not be used'for a public garage in the resi• dential district. My investigation and report is based on the following: From the City of Dubuque stand- point, this property was included in ~a restricted residential district Ap• ril 5th, 1929, about one year after the garage was first rented by Mr. Sefzik. However, the property is now zoned as a "Business District" in which public garages are per• muted. It appears we do not have any power to prevent the garage from being used even as a repair shop. We can require the owner and/or tenant to raise the chimney to pre• vent the smoke nuisance. As to the carbon monixide fumes, Miss Line• han may have got same confused with the smell from the chimney. There is no question but what t7re noise from the hammering and pounding is disturbing to the ten• ants of the surrounding property, but I do not know what the City can do about this-this may have to be handled by Miss Linehan in a private way. As to Miss Linehan's plea that Mr. Gielissen could rent Mr. Sefzik some of his other garages, that would probably cause some one else to put in the same kind of com- plaints- The garage, in question, was rented by Sefzik before Gielissen purchased the property and the rent is now $1D•00 per month. I informed Mr. Sefzil~ about the complaint and that he hid better abate the nuisance to the surrou:rd• ing property, or drastic action would be taken either by the Citl or Nh~s Linehan, or both. If you believe I should ~nfarm Mr. Sefzik by letter this can be done at once. Respectfully submitted, By C• F. BARTELS, Building Commissioner. Councilman Kane moved that the communication of the Building Com- missioner be received and filed- Sec• ond'ed by Councilman Bennett. Car Tied by the following vote: Yeas-Mayor Chalmers, Council• men Dennett, Clark, Kane, Murphy Nays-None . May 7, 1937. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I aru submitting here- with reports of the City Auditor, City Treasurer and City Water De• partment for the month of April, 1937, also list of claims and list of payrolls far which warrants were issued during the mouth of April, 1937. Respectfully submitted, R. M. EVANS, amity Manager. Councilman Bennett moved that the reports be received and placed on file. Seconded by Councilnan Murphy. Carried by the following vote; Yeas-Mayor Chalmers, Counril• men Bennett, Clark, Kane, Murphy. Nays-Nona. May 7, 1937. To the Honorable Mayor and City Council,, Dubuque, Iowa Gentlemen; In connection with the letter from the writer referred to the City Council on May 3rd re• garding the appeal from Mrs. Jahn Ertl, who lives at 104 Sunnyside Street, Waterloo, certain definite in• formation was secured today. Mrs. John Ertl advised us on April 24th that she had never known of any delinquent special asae~ssment as charged to her prior to the same day, April 24th, when she paid her regular taxes at the Court House. This assessment was in Fund 774, for the paving of Broadway, levied November 28, 1928, and is now list- ed as the undivided 1/s of Lot 17 of Jahn King's Dubuque Sub. Information was received today from Mr. John Kunnert, who lives at 2022 Rhonrberg Avenue, includ• ing: The original 100% oP this ae• sessment was levied against Mrs. Catherine Kunnert. Mrs. Catherine Kunnert was the first wife of Mr. Jahn Kunnert• Mrs. Catherine Kun• pert died on June 6,1933. The Man• ager's letter of April 27th included an error. It `vas stated then that Mrs. Catherine Kunnert teas the mother of both Mrs. John Ertl and Mr. John Kunnert• Today it was learned that Mrs• Catherine Kun• nest was the wife of Mr. John Kun• next and the sister of Mrs• John Ertl. Further investigation of this case shows that on April 9, 1930, Mrs. Catherine Kunnert instructed Mr• Otto Puls, Treasurer, that the total assessment levied on Lot 17 of John King's Sub., .equal in principal to $616.98, should then be revised by the undivided ~Z of said lot to be assessed to Mrs. Catherine Kunnert and 1/s to her sister, Miss Theresa Meyer, as actual owners. This change in ownership was made on the city records and at the Court House. Delinquent assessments lave now been fully paid by the hus• band, Mr. John Kunnert, on ~ of said total assessments. The city officials and the Court House offi• cials could never contact or discover where Theresa Moyer lived. No rec• ord was submitted to Miss Theresa Meyer as to her delinquent assess- ments. None of delinquent taxes are due on this entire Lot 17 and there~ fore no scavenger sale was neces- sary, or started. 1n March, 1937, an offer of pur+ chase was made for said entire lot. It was then discovered by Mr• John Kunnert that 60% of the delinquent assessments had never been paid. It wax learned in March,, 1937, trie lady who died on June 6, 1933, had listed the other 50% Portion of this lot as owned by her sister, Miea Theresa Meyer, but the actual name of her sister was Mrs• John Ertl. On April 24, 1937, Mrs. John Ertl was advised of her delinquency by the County Treasurer. Mra. John Ertl agrees now to pay the entire delinquent special assess- ment of 50% of the original sum of $516.98 on Lot 17 on the basis of 5% interest per year and also the last 1/10 of the principal that is not due for nearly a year. Many revisions of our special as• sessments have been made in re* Bard to actual ownership of pro• perties, after the date of each levy. It is regretted that the actual name and address was not submitted to the Treasurer when this change in ownership was made. In the future, it is hereby recommended by the Manager that if a change is stated to the City Treasurer in regard to the name of any property owner as• sensed far improvements, full details shall be provided and actual data shall be submitted to the new own• er. The new owner must agree to the entire change- of records. Inasmuch as Mrs. John Ert] was never advised pf this delinquent as• sessment, prior to April 24th, 1937, it is the recommendation of the writ- er that the penalty of said assess- ment be authorized to be eliminated by the City Council. Respectfully submitted, R. M• EVANS, City Manager. Councilman Kane moved that Mrs. John Ertl be granted permission to pay the principal of the delinquent special assessments, plus 6% inter- est per annum and advertising costs, the balance of penalties and interest to be waived, levied againsb the Undivided r/z of Lot 17 of John King's Dubuque,, Fund 774, and the County Treasurer to be instructed accordingly. Seconded by Council• man Clark- Carried by the follow- ing vote: Yeas-Mayor Chalmers, Council• men Bennett, Clark, Kane, Murphy. Nays-None May 10, 1937. To the Honorable Mayor and l,ity Council, Dubuque, Iowa. Gentlemen: At the meeting of March lot an appeal was made from Mrs. Ethel N. Norberg, who lives at 2820 Davenport Street, to ex• tend a water main to ]rer lot and house at 475 Primrose Street. This is to advise that this water main has now been extended and completed- Mrs. Norberg can vow secure water from the city. Respectfully subnilttai, R. M. EVANS, City Manager. Councilman Murphy moved to re• ceive and file the communication of City Manager Evans. Seconded by Councilman Kane. Carried by rue following vote; yeas-Mayor Chalmers, Council• merr Bennett, Clark, Kane, Murphy Nays-None. May 10, 1937. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Mr. Frank Lacy, at• torney, came to the City Manager's office today and requested that auth- orization be made by tle City Coun• cil to refund any penalty that had to be paid on delinquent special assessments as levied against Reiche's Sub. Lot 60. Investigation of this particular lot shows that Fund 903, for the West Dubuque Sanitary Sewer, as levied December 22, 1930, was charged to Mrs. Mar• garet Accola as the owner at that tirne• The total amount assessed on this particular lot was $81.98. Two payments lave been made. It is now planned to pay the 5/10 of the principal as due March 31, 1937, plus the remaining amount of as- sessments which will be due in a few years. Interest at 5% that could be paid at the end of this month would total $16.93 and the remain- ing principal would' be $65.52, or a total of $82.45. Again it was discovered that Fund 925 included an assessment on the same lot as clarged to Mra• Mar• garet Accola for the paving of Grace Street, levied December 7, 1931• The original assessment on this partic- ular lot was $137.71. One payment only has been made. The . delin• quency in special- assessments in• eludes 5 years to March 31, 1937, Interest at 5% on the total balance of the unpaid assessment to May 31, 1937, would include $32.02 and the 9/10 of the principal not paid 132 Special Session, May 10th, 1937 as yet would include $123.94, or a total of $156.96• Mt•• Lacy advised that this pro- perty had besu recently taken over by Wm. H Kretschmer as trustee. This property has also been taken over by scavenger sale. It is plan- ned now to sell this lot and the complete special assessments would be paid at the Court House, includ- ing penalties and 5% interest, if the Council will agree that a refund on the penalty will be authorized if the penalty is submitted to the City. Tho interest, as above listed, is included in both levies to the end of this month. If any changes were made in payments before the end of the month, the City Treasurer can revise the amount of interest as listed. Respectfully submitted, R. M. EVANS, City Manager, Councilman Kane moved that the request of Attorney Frank Lacy, for Wm. Kretschmer as Trustee, be re• ceived and filed. Seconded by Coun• Gilman Bennett. Cart•ied by the- fol• ]owing vote: Yeas-Mayor Chalmers, Council- men Bennett, Clarlr, Kane, Murphy. Nays-None. May 10, 1937. To the Honorable Mayor and City Council, Dubuque, Iowa• Gentlemen: An appeal was made by Mr. Levaggi of the Nurre Glass Company which is located at the former Ott Rubber Company plant. Mr. Levaggi made a statement that there wars- not sufficient street lights around his plant~ The writer contacted him about 3 o'clock this afternoon and it teas discovered that there is a street light at Main and Railroad Streets, another- at Locust and Railroad Streets and there is one approxi• mately at the middle of Railroad Street about 100 feet east of Har• r•ison Str•eet• This present street light is not high enough to provide sufficient light on Harrison Strest• It is the writer's recommendation that this light be moved one pole to the west, which is approximately in the middle of the Harrison Street. intsrsection. Between Harrison and Salina Streets the new Glass Plant is approximately 325 Peet long and the request is to authorize a new street light to be installed at the interssction of Salina and Railroad Streets. Inasmuch as this is a rail- road crossing and it is nearly 300 feet from Main Street, it would seem that with a new plant starting, it would be necessary to have a street 1"fight at this particular interssctibn. ~ It is the writer's opinion that a 260 C. P. light at the interaeetion o4 Salina and Railroad Streets will be sufficient rather than a 400 or 600 C. P. Another request was that a street light be authorized to be installed on Harrison Street approximately 100 feet north of Railroad Street. There is at present a 250 C• P. light about 300 feet north of Railroad Street on Harrison Strest. It would seem to the writer that this extra light only 100 feet from the new pole to which the present light ie to be transferred, would not be re• quired. Respectfully submitted, R. 114. EVANS, City Manager. Councilman Bennett moved to re- fer the communication of City Man• agar Evans to the City Council to view the grounds. Secondsd by Councilman Kane. Carried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Clark, Kane, Mut•phy Nays-None. Resolution No. 54-37 Whereas, applications for Class "B" Beer Permits have been sub, mitted to this Council for approval and the same have been examined: Now, therefore, Be it resolved by the Council of the City of Dubuque that tht; follow ing applications be and the same are hereby approved and it is ord• erect that the premises to be occu• pied by such applicants shall be forthwith inspected: CLASS "B" PERMIT Wm. J• Kingsley, 431 Rhombsrg Avenue. Vic Perry, 265 Main Street. Passed, adopted and approved this 10th day of May, 1937• JOHN K. CHALMERS, Mayor. CARL A. CLARK, M. R• KANE, GEO. R. MURPHY, A• M• BENNETT, Councilmen, Attest: J. J. SHEA, City Clerk, Councilman Kaue moved the ad- option of the r•esolution• Seconded by Councilman Bennett. Carried by the following vote; Yeas-Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays-None, Resolution No. 55--37 Whereas, heretoforE applicatiens were filed by the within named ap• plicants for Beer Permits and they Session, May 10th, 1937 133 received the approval of this Coun• cil; and Whersas, the premises to be oc• cupied by them have been inspected and issued to comply with the ordin- ances of this City and they have Sled a proper bond: Now, there- fore, Bs• it resolved by the Council of the City of Dubuque that the Man• agar be and he is hereby directed to issue to the following named per- sons aBeer Permit. CLASS "B" PERMIT Wm. J. Kingsley, 431 Rhombsrg Avenue. Vic Pert•y, 265 Main Street. Be it further resolved that the bonds 81ed by such applicants be and the same are hereby approveYl. Passed, adopted and approved this 10th day oY May, 1937. JOHN K. CHALMERS, Mayor. CARI, A. CLARK, M. R. KANE, GEO• R. MURPHY, A. M. BENNETT,, Councilmen. Attest: J. J• SHEA, City Clerk, Councilman Bennett moved the adoption of the t•esolution. Second, ed by Councilman Murphy. Carried by the following vots•: Yeas-Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays-None. Resolution No. 56-37 Whereas, under date of May 6, 1937, a judgment was rendered against the City of Dubuque, Iowa, in the principal- sum of $149,252.59, and interest thereon from May 6, 1937, at the rate of five per cent (5%) per annum; and Whereas, it is deemed advisable and nscessary to fund the indebted- ness evidenced by said judgment by the issuance of Funding Bonds of said City; and Whereas, before proceedings are instituted for- the issuance of said Funding Bonds it is necsssary that notice of such proposed action be given to the taxpayers of said City; Now, therefore, Be it resolved by the City Coun• Gil of the City of Dubuque, Dubuque County, Iowa, as follows: Section 1. That it is hs1•eby found and determined that it is advisable and necessary for said City to issue its Funding Bonds in the amount of $149,000.00 for the purpose of funding a judgment indebtedness in a like amount. Section 2. That the Clsrlc of said City be and he is hereby directed to publish notice of the proposed action of this Council to institute proceedings for the issuance of $149,000.00 Funding Bonds of said City for the purpose of funding an indebtedness of said City evidenced by a judgment rendered against said City. Such notice shall be published at ]east once in a newspaper pub, lished and of general circulation within said Ctty at least ten days before ths~ meeting at which such proposed action will be taken, and shall be in substantially the follow ing form: PUBLIC NOTICE Public notice is hereby given of the proposed action of the City Coun• cil of the City of Dubuque, in the County of Dubuque, Iowa, to insti• tuts- proceedings for the issuance of $149,000.00 Funding Bonds of said City for the purpose of funding a like amount of the indebtedness of said City evidenced by a judgment. Notice is further given that such proposed action will be taken at the City Hall, Dubuque, Iowa, at 4:30 p. m• on the 24th day of May, 1937, at a special meeting of said Coun• Gil held at said time and place, and that an appeal may be taken to the State Comptroller by filing a peti• tion with the City Clerk of said City at any time before said date, signed by five (5) or more taxpayers of said City, and setting forth their objec• tions to such action. By order of the City Council of the City of Dubuque, Iowa. J. J. SHEA, City Clerk. Section 3• That this City Council shall meet on the 24th day of May, 1937, at 4:30 o'clock P. M., for- the purposE' of considering the objec• tions, if any, to the proposed action of this Council to issue the Funding Bonds of said City in the amount of $149,000.00, and to adopt the neces• nary proceedings for the issuance of said bonds. Section 4. All resolutions or parts of resolutions in conflict herewith be and ths~ same are hereby repealed. Passed and approved May 10, 1937. JOHN K. CHALMERS, Mayor. CARL A. CLARK, M• R. I{ANE, GEO• R. MURPHY, A• M. BENNETT, Councilme~~ Attest: J. J. SHEA, City Clerk, (SEAL) On motion and vote the meeting adjourned. J. J. SHEA, City Clerk, 134 Special Session, May 10th, 1937 Councilman Kane moved the ad- option of the resolution. Seconded by Councilman Murphy. Carried by the fallowing vote: Yeas-Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy, Nays-None. Ordinance Ne. 6-37 An ordinance amending an ordin• ante entitled: "Ordinance No. 4--33. An ordinance providing thaw certain businesses and vocations conducted in the City of Dubuque- shall be li- censed; fixing the license fee there- for; defining terms employed; pre- scribing the regulations which shall apply to businesses and vocations required to be licensed; repealing all ordinances or parts of ordinanc• es in conflict herewith; and pre- scribing apenalty far violation here- of" by amending Paragraph 309, Sec- tion 1 as the- same relates to carni- vals, presented and read. Councilman Kane moved that the reading just had be considered the first reading of the ordinance. Sec- onded by Councilman Clark- Car• ried by the following vote: Yeas-Mayor Chalmers, Council• men Bennett, Clark, Kane, Murphy. Nays-None. Councilman Kane moved that the rules be suspended requiring an or- dinance to be read on three separ- ate days. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Clark,, Kane, Murphy, Nays-None. The ordinance was then read a second time. Councilman Kane moved that the reading just had be considered the second reading of the ordinance- Sec• onded by Councilman Murphy- Car- ried by the following vote: Yeas-Mayor Chalmers, Council• men Bennett, Clark, Kane, Murphy. Nays-None. Councilman Bennett moved that the request of Rhomberg Fur Com• pony for permission to erect a can- opy or marquee aver the sidewalk from the curb to the main entrance of their store be granted. and that the work be done under the' super- vision of the Building Commissioner er• Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Chalmers, Council men Bennett, Clark, Kane, Murphy. Nays-None. Ordinance No. 7-37 An ordinance amending an ordin• ante entitled; "Ordinance No. 10- 35. An ordinance- regulating the use of vehicles upon the streets of the City of Dubuque; designating the provisions hereof as the "Traffic Code" of said City; repealing all or• dinances or parts of ordinances in conflict herewith; and providing a penalty far the violation hereof;' by amending Rule 75, Paragraph 528, Section 3, relating to parking of ve• hicles, presented and read. Councilman Murphy moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Kane. Car- ried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays-None. Councilman Kane moved that the rules be suspended requiring an ors dinance to be read on three separate days. Seconded by Councilman Clark. Carried by the following vote: Yeaa-Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays-None. The• ordinance was then read a second time. Councilman Kane tnoved that the reading just had be considered the second reading of the ordinance. Sec- onded by Councilman Bennett. Car- ried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays-None. Resolution No. 57-37 A resolution authorizing and di• recting the Mayor and Auditor of the City of Dubuque to execute a Project Proposal on behalf of said City as sponsor for WPA allotment for Midwest Antiquarian Association of Dubuque, Iowa. Whereas, Midwest Antiquarian As- sociation is a corporation organized for non•pecuniary profit under the laws of Iowa, whose objects and purposes are defined to be "the es• tablishment of an association or or- ganizatio^ of a scientific and edu- cational character, and to educate and promote in a scientific manner, in the aptly-minded, a proper knowl- edge and veneration of their ances- try and of the objects utilized and held sacred by them"; and Whereas, said association is the owner of valuable paintings and an• tique pieces of historical and scien- tific character of the value of $1,500,000.00, all of which have been collected and are being housed in the Columbia Museum in Dubuque, Iowa, at the present time; and Whereas, said association is en• gaged in the preparation of museum extension materials for use by study clubs and traveling exhibits in the furtherance of the dissemination of Special Session, May 10th, 1937 .135 education, information .and knowl- edge; and Whereas, the service of said as- sociation is gratuitously rendered and is being maintained for the bene- fit and scientific education. of all of the people of this City; and Whet~as, the- City of Dubuque, as a municipal corporation, has a mem- bership in said association and is interested in its development as a civic and public project; and ' Whereas, only a small part of this valuable collectien is labeled, ar- ranged,indExed, preserved and ready for exhibition and there is danger that such materials will tie rendered useless and their value for educa~ tional and scientific purposes will be destroyed unle?s immediate aid is t•eceived from the Federal Gov- ernment through the agency of the Works Progress Administration in supplying professional, skilled, inter- mediate and unskilled persons resid• ing within said City of Dubuque to prepare such exhibits, index, repair, preserve and arrange the same for exhibition in the Columbia Museum in Dubuque, Iowa; and Whereas, there exists in the City of Dubuque a great nutnber of un• employed persons who are able to perform the work prescribed in such Project Proposal; and Whereas,. the City of Dubuque has no funds available far such purpos- es, except as it has been assured by the Midwest Antiquarian Asso- ciation that it will finance the spon- sor's contribution thereto, as re• quired by the provisions contained within the Project Proposal; and Whereas, although all exhibits are the property of said association, their use is devoted to the public benefit and the City of Dubuque is concerned with their preservation for the promotion of the best inter eats of its people, their edification and education and, even though to toted and housed upon private pre perty, a public service is renderec to Dubuque and its citizens and the function and purpose of said assn ciation are public in character; ani Whereas, the Gity of Dubuque, as a municipal corporation, is author ized to promote, encourage and sup port all efforts looking toward thi prototion of the peace, prosperit; and general welfare of its people and Whereas, public buildings of sail City are not adequately equipped b house the exhibits owned by sai~ association at this time, it is hope that with the' cooperation of publi spirited citizens and organization ;uch as the Midwest Antiquarian Association each exhibits will event- ually be housed and exhibited in some public building to be erected or purchased in the future; and Whereas, there exists no legal- ob• jeetion to the furtherance by the City of Dubuque of the proposed project in the manner and to the extent set forth in this resolution: Now, therefore, Be it resolved by the City Council of the City of Dubuque that the Mayor and Auditor of said City be and they are hereby authorized and directed to execute the Works Pra• grees Administration Project Pro• posal on-behalf of said City. Be it farther resolved that a cer- tified copy of this resolution be at• tacked to said Project Proposal in order to explain to all recognized authorities the manner and the ex- tent to which the City of Dubuque is acting as sponsor for said pro ject, such sponsorship to be limited and qualified by the terms hereof. Passed, adopted and approved this 10th day of May, 1937. JOHN K• CHALMERS, Mayor. CARL A. CliARK, M. R. KANE, GEO. R. MURPHY, A• M. BENNETT, Councilmen. Attest: J• J. SHEA, City Clerk, Councilman Kane moved the ad- option of the resolution. Seconded by Councilman Clark. Carried by the following vote: Yeas-Mayor Chalmers, Council• men Bennett, Clark, Kane, Murphy. Nays-None. Verbal report of City Solicitor Czizek recommending the settlement of the claim of Mrs• Lena Nick fn the amount of $77.50 for injuries sustained in falling on icy sidewalk in the middle of the black an the west side of Burch Street, presented. Councilman Bennett moved that the recommendation of City Solicitor Czizek be approved and that a war• rant in the amount of $77.60 be ord- erect drawn on the City Treasurer in favor of Mrs• Lena Nick as set- tlement in full of her personal in- jury claim caused in falling on icy sidewalk in th,e middle of the block on the west side of Burch Street. Seconded by Councilman Murphy. Carried by the fallowing vote: Yeas-Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays-None. There being no further business, Councilman Bennett moved to ad- m~i, , i'l v ^„r. 4~~ I ~ 136 Session, May 24th, 1937 journ. Seconded by Councilman Kane. Carried by the following vote: Yeas-Mayor Chalmers, Council men Bennett, Clark, Kane, Murphy. Nays-None. J. J. SHEA, City Clerk. APProved ......................................1937. Adopted ........................................1937. Councilmen Attest; City Clerk. CITY COUNCIL (Official) Special Ssssion, May 24th, 1937. Council met at 5:10 P. M, Present-Mayor Chalmers, Ccun• cilmen Bennett, Clark, Kane, Mur- phy, City Manager Evans. Meeting called by order of Coun• cilmen Kane and Clark. Dubuque, Iowa, May 22, 1937. NOTICE AND CALL OF SPECIAL MEETING OF THE CITY COUN• CIL OF THE CITY OF DUBUQUE To Mayor John K. Chalmers: You ars• hereby notified and there is hereby called a special meeting of the City Council of the City of Dubuque, Iowa, to be held in the Council Chamber in the City Hall at 4;30 P. M, on Monday, May 24, 1937. At this meeting there will be con• ducted a public hearing pursuant to published notice for the purpose of considering any objections which might be filed by taxpayers to the proposed action of the City Coun• cil to issue $149,000.00 Funding Bonds of said City. If no objections are filed, then there will be intro- duced at said meeting a resolution entitled: "Resolution to authorize the issue of $149,000.00 Funding Bonds of the City of Dubuque." Such other business will be transacted at said meeting as may properly come before a regular meeting of said Council, M. R• KANE, CARL A, CLARK, Councilmen. Proof of publication, certified to by the publishers, of the' notice of a public hearing on the proposed action of the City Council to insti• tuts proceedings for the issuance of $149,000.00 Funding Bonds for the purpose of funding a like amount of the indebtedness of said City evi• danced by a judgment, presented and read. No objections having been filed Councilman Bennett moved that the proof of publication be received and filed. Seconded by Councilman Murphy. C a r r i e d by the following vote: Yeas-Mayor Chalmers, Counci]• men Bennett, Clark, I{one, Murphy. Nays-None. Councilman Kane moved to sus Pend the rules for the purpose of allowing any one present in the Council Chamber, who wishes to de so, to address the Council, Second• Special Session, May 24th, 1937 137 ed by Councilman Clark. Carried by the following vote: Yeas-Mayor Chalmers, Council• men Bennett, Clark, Kane, Murphy. Nays-None, Mr. John Roshek addressed the Council and presented a petition of the Retail Merchants Bureau re• questing permission for the use of the Municipal Baseball Park for the holding of a tri-state rodeo on Au• gust 12th, 13th, 14th, 15th, 1937. Councilman Clark moved to refer the petition to the Recreational Di• rector with the recommendation of the City Council that the request be granted. Seconded by Council• m'an Murphy. Carried by the follow- ing vote: Yeas-Mayor Chalmers, Council• men Bennett, Clark, Kane, Murphy. Nays-None. Petition of Dubuque Tire & Bat• tery Company et al., requesting the City Council's cooperation with the State Auto Insurance Association in their program to mark with a con• apicuous safety sign the Pointe where fatal accidents have occurred and requesting that permission be granted for the erection of said signs, presented and read. Councilman Bennett moved that the request be granted and that the work be done under the supervision of the Building Commissioner as to the places of erection and type of construction. Seconded by Council- man Murphy. Carried by the follosv ing vote; Yeas-Mayor Chalmers, Council• men Bennett, Clark, Kane, Murphy, Nays-None. Mesars• Frank R. Lacy, Dr. J. C. Hancock, Charles McLean and Dr, James Alderson, members of the Board of Library Trustees, address- ed the Council requesting that the necessary funds in the amount of $16,000.00 be provided with which to purchase two pieces of property on Locust Street directly to the East of the rear of the Library. Councilman Kane moved to refer the request to the City Council and that the City Solicitor be instructed to look up the legal questions in- volved- Seconded by Councilman Murphy. Carried' by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays-None. Resolution Na. 55-37. Resolution to authorize the tissue of $149,000.00 Funding Bonds of the City of Du• buque, presented and read. Councilman Bennett moved that the resolution be placed' on file with the City Cleric for public inspection for at least one week. Seconded by Councilman Clark. Carried by the fallowing vote: Yeas-Mayor Chalmers, Council• men Bennett, Clark, Kane, Murphy. Nays-None. Mayor Chaln5er9 was' excused and left the Council meeting at 6:00 P. M, Councilman Bennett moved that Councilman Kane be a p p o i n t e d Mayor Pro Tem of the meshing. Sec• ended by Councilman Murphy. Car- ried by the following vote: Yeas-Councilmen Bennett, Clark, Murphy. Nays-None. Absent-Mayor Chalmers, Council• man Kane not voting. Resolution No. 59-37. A resolution approving the plat of "Mount Vernon Court", an addition in the City of Dubuque, Iowa. Whereas, a plat of an addition in the City of Dubuque, Iowa, des~g- nated' "Mount Vernon Court" has been submitted to the City Council of the City of Dubuque for approval; and Whereas, said plat has received the approval of the Planning and Zoning Commission of said City; and Whereas, said plat has been exam- ined by this Council and found to conform to all requirements regard- ing the division of the lands into blocks and the dedication of streets and alleys shown thereon and in all other respects and' it is deemed ad• visable to approve the same; Now, Therefore, Be Tt Resolved by the City Coun• cil of the City of Dubuque, Iowa, that the plat of "Mount Vernon Court;' an addition in the City of Dubuque, Iowa, be and the same is hereby approved. Be It Further Resolved that a copy of this resolution be certified to by the Mayor and Clerk and affixed to said plat. ,Passed, adopted and approved this 24th day of May, 1937. M. R. KANE, Maycr, Pro Tem. CARL A. CLARK, GEO. R. MURPHY, A, M. BENNETT, Councilmen. Attest: J. J. SHEA, City Clerk. CERTIFICATE OF MAYOR AND CLERK OF THE CITY OF DUBUQUE, State of Iowa ss, Dubuque County The undersigned Mayor and' Clerk respectively of the City of Dubuque, Iowa, do hereby certify that the fore- going instrument is a true -and cm~• sect copy of a resolution approving the plat of "Mount Vernon Court," ui', '~' ~~ ~. ;' ~ ithl'v '~ IT; ~',, I (~ `,;i `~ ~fi~''' i ~' !, ~ i ~~ '~ ii i!i~, 138 Special Session, May 2•lth, 1937.,_ an addition in the City of Dubuque, Iowa, passed, adopted and approved by the City-Council of said City on the 24th day of May, 1937, JOHN K. CHALMERS, Mayor. J. J. SHEA, Clerk, (Seal) Councilman Bennett moved the adoption of the resolution. Seconded by Councilman Murphy, Carried by the following vote: Yeas-Mayor Pro Tem Kane, Councilman Bennett, Clark, Murphy. Nays-None. Absent-Mayor Chalmers. Resolution No. 60-37. Whereas, Herbert A, Kennison has caused a plat to be submitted' to the Council of the City of Dubuque and upon examination such plat was ap- proved by said Council by a resolu- tion duly adopted on the 24th day of May, 1937; and Whereas, preliminary to the ap• proval of said plat full discussion was had with said Herbert A. Ken- nison regarding the property upon and against-which assessments for public improvements are to be Irv ied when and if the streets and al- leys shown thereon are permanently improved and' an understanding was arrived at whereby it was mutually agreed that all assessments far pub• ]ic improvements to be constructed in and upon such streets and alleys shall be levied only upon and against the lots included within the plat of the addition known and do• scribed as "Mount Vernon Court"; Now, Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that in accordance with the agreement and understanding had with said Her• bert A. Kennison, as referred to in preamble hereof, lvhen and if public improvements are constructed in and upon the streets and alleys de; scribed in the plat of "Mount Ver- non Court" all assessments that are to be levied to pay the total cosfa thereof shall be levied wholly and entirely upon the lots described up• on said plat and no other property either public or private shall be as- sessed for any part of such costs. Be it further resolved that before any such improvements are con• strutted said Herbert A. Kennison shall petition the City Council re questing the same and' agree in writ- ing to have the assessments levied as aforesaid and waive any objec• ticns to the assessments when lev ied on account of errors, illegalities or irregularities in the proceedings notices or contracts or far any oth er reason, and agree further to pal such assessments in full either at one time or in installments as pro video by law, Passed, adopted and approved this 24th day of May, 1937, M, R, KANE, ' Mayor Pro Tem. CARL A, CLARK; GEO. R. MURPHY, A, 111. BENNETT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Bennett moved the adoption of the resolution. Seconded by Councilman Clark. Carried by the following vote: Yeas-Mayor Pro Tem I{one, Councilmen Bennett, Clark, Kane. Nays-None. Absent-Mayor Chalmers. Proof of publication, certified to by the publishers, of the list of claims for which warrants were drawn during the month of April, 1937, presented and read. Councilman Bennett moved to re- ceive and file the proof of publica- tion. Seconded by Councilman Mur- phy. Carried by the following vote: Yeas-M a y c r Pro Tem Kane, Councilmen Bennett, Clark, Murphy. Nays-None, Absent-Mayor Chalmers. Ordinance No, 6-37. An ordin- ance amending an ordinance en• titled: "Ordinance No. 4-33. An ordinance providing that certain businesses and vocations conducted in the City of Dubuque shall be lic- ensed; fixing the license fee there- for; defining terms employed; pre- scribing the regulations which shall apply to businesses and vocations required to be licensed; repealing all ordinances or parts of ordinances in conflict herewith; and prescrib- ing apenalty Yor violation hereof" by amending paragraph 309, section 1, as the same relates to carnivals, said ordinance having been passed upon first and' second readings on May 10th, 1937, presented and read a third time. ~ ORDINANCE No, 6-37. ~~~ An ordinance amending an ordinance entitled: "Ordinance No. 4-33. An ordi- nance providing that certain businesses and vocations conducted in the City of Dubuque shall be licensed; fixing the license 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 amending paragraph 309, section 1 as the same relates to carnivals. Be it ordained by the City Council of the City of Dubuque: PARAGRAPH 6D3-Section 1 That an ordinance entitled: "Grdi- nance No. 4-33. An ordinance provid- ing that certain businesses and voca- cial Ses tibus conducted in the City of Dubuque shall be licensed; fixing the lleense fee therefor; defining term's binployed; ptescribing the regulations Which •shall apply. tb buaiilesses and vocations re- quired to be licensee); repealing all,b'r- dinances or parts pf ordinances ih con- flict herewith; and prel;oNibing a pen- alt~ far violation hrirebf" be .amended so as to authorize the remi$sion of li- cense fees for oarhlVals.under certain bireunistanoes, ones lid adding the fol~ lowing exception! "(d) The Gity,Coun- cil may remit the license fee for car- nivals ~dhen ttie profits thereof orb used in 14hble br in part for civic, bhar- ~ stable, religious, patriotic or other simi- lar purposes:" PARAGRAPH fi04-Section 2 This ordltlance shall be in force and effect from and after its final passage, adoption and approval by the City Council and publication as provided by law. Fassed upon first reading this 10th day of May, 1937. Passed, adopted and approved upon final reading this 24th day of May, 1937. 141:, k. KANE, Mayor, Pro Tem. CARL A. CLARK, GEG. R. MURPHY, A. M. BENNETT, Councilmen. ATTEST: J. J, SHEA, City Clerk. Published officially in The Telegraph- erald neh~spaper, May 20th, 1937. J. J. SHEA, 5-20 1T City Clerk. Councilmau Murphy moved the adoption of the ordinance. Seconded by Councilman Clark, Carried by the following vote: Yeas-Mayor Pro Tem Kane, Councilmen Bennett, Clark, Dlurphy, Iv'ays-None, Absent-Mayor Chalmers. Ordinance No. 7-37. An ordin• ante entitled: "Ordinance No. 10- 35. Ah ordinance regulating the use of vehicles upon the streets of the City of Dubuque; designating the provisions hereof as the 'traffic code' of said City; repealing all ordin- ances or parts of ordinances in con- flict herewith; and providing a pen• airy for violation hereof;' by amend- ing rule 75, paragraph 523, section 3, relating to parking of vehicles, said ordinapce having been passed upon first and second readings on May 10th, 1937, presented' and read a third Uime. ORDINANCE N0. 7-37, n ordinance amending an ordinance ~/~) 'en'titled: "Ordinance No. 10-°35. An or- LJ dihance regulating the use of vehicles upon the streets of the City of Du- buque; designating the Provisions here- of as the 'traffic code' of said City; repealing all ordinances 'or parts of or- dinances in conflict herewith; and pro- viding apenalty for violation hereof", by amending rule 75, paragraph 528, section 3, relating to parking of Ye- htcles. Be ft.nrdained by the City Council of the City of Dubuque: PARAGRAPH 605-Section 1 That an ordinance entitled: "Grdi- 1937 nonce No. 10-36. An ordinance regulat- ing. the use of ~bhiclhs Upbn rise streets of the Clty of bnbUttue; tieelg• noting the provisions hereof ad the 'traffic code' oP said City; tepealing all ordinances or pparts of brdinanges in conflict hePeivith; 2nd providing a psh~ airy fur violation hereof" be and the same is hereby ainehded by ,amending rule 7b, paragraph 528, section 3 there- of, as the same relates to parking of vehicles in order to regulate the iSaYk'- ing of Yehibles on the hoith side bf East 11th Street between Jackson Street and the alley first west there- of, said "role hereafter to read as fol- lows: RUTS 45. Vbhicles shall not be parked betweeh the how•s of 9:00 A, M, and 6:00 P, M. Sundays and holidays ex- cluded for a longer period of time than one (1) hohr on the following Named streets: (a) upon Main Street from West 2nd to West 13th Street; (b) Up- on Locust Street' fFOm West 7th to West 10th Street; (c) upon West 5th, West 8th, YJest 4th, 8th Avenho, West 9tR and West .10th Streets #rdm Iowa to Locust Streets; (d) upon the north side of East 11th Street between Jack- soh Street and the alley first west thoreof." PARAGRAPH 606-Section 2. This ordinance shall be in force and effect ten (10) days from and after its final passage, adoptioh and ap- proval by the City Council and pub- lication as provided by law. Passed upon first and second read- ings this 10th day of May, 1937. Passed, adopted and approved neon final reading this 24th day of May, 1937. NI. R. KANE, Mayor, Pro 'rem. CARL A, CLARI{, GEO. R, MURPHY, A. M. BENNETT, Attest: Councilmen. J. J. Shea, City Clerk. Published officially in The Telegraph- PIerald newspaper, May 26th, 1937, J. J. SHEA, 5-20-1t City Clerk. Councilman Bennett moved the adoption of the ordinance. Seconded by Councilman Murphy. Carried by the following vote; Yeas-Mayor Pro Tem Kane, Councilmen Bennett, Clark, Murphy. Nays-None, Absent-Mayor Chalmers. Council Proceedings for the month of March, 1937, presented for ap• proval. Councilman Bennett moved that the Council Proceedings for the month of March, 1937, be approved as printed. Seconded by Council- man Murphy, Carried by the fbl- fowfng vote. Yeas-Mayor Pro Tem Kane, Councilmen Bennett, Clark, Murphy, Nays-None, Absent-Mayor Chalmers. .Petition of Arnold Jaeger request• ing permit for the placing of his honsecars on the lot located on the southeast corner of 15th & Cedar Streets, presented an$ read, Councilman Jiennett moved to re- p,..;l Ir:,I:,I 140 .Special Session, May 24th,, 1937 ceive and file the petition. Second• ed by Councilman Clark. Carried by the following vote. Yeas-Mayor Pro Tsm Kane, Councilmen Bennett, Clark, Murphy. i Nays-None, Absent-Mayor Chalmers. Petition of Val Hentrich Estate rep questing the City Council to view the conditions of the alley between 16th. and 17th. Streets east of the Railroad Tracks, presented and read. Councilman Clark moved to refer the petition to the City Manager. Seconded by Councilman Bennett. Carried by the following vote. Yeas-Mayor Pro Tem Kane, Councilmen Bennett, Clark, Murphy. Nays-None. Absent-Mayor Chalmers. Communication of Memorial Day General Committee requesting the City Council to make its usual- con- tribution toward the proper and fit- ting observance of Memorial Day, presented and read. Councilman Bennett moved that the request be granted and that a warrant in the amount of $200.00 be ordered drawn on the City Treas• urer in favor of Memorial Day Gen- eral Committee to cover the contri- bution of the City toward the proper and fitting observance of Memorial Day. Seconded by Councilman Mur• phy. Carried by the fo]lowing vote. Yeas-Mayor Pro Tem Kane, Councilmen Bennett, Clark, Murphy, Nays-None. Absent-Maya Chalmers. Communication of Victor Hoerst• tnann making application for the concession privilege at the ball park for the season of 1937, presented and read. Councilman Murphy moved to re- ceive and file the communication. Seconded by Councihnan Clark. Car- ried by the following vote. Yeas-Mayor Pro Tem Kane, Councilmen Bennett, Clark, Murphy. Nays-None. Absent-Mayor Chalmers. Councilman Bennett moved that Ray J, Cosley be granted the con• cession privileges for the season of 1937 at the Municipal. Athletic Park, Seconded by Councilman Clark. Car• ried by the fallowing vote. Yeas-Mayor Pro Tem Kane, Councilmen Bennett, Clark, Murphy Nays-None. Absent-Mayor Chalmers, Communication of Memorial Day Parade Committee extending invi tation to the City Council to takE part in the Memorial Day Parade presented and read. Councilman Murphy moved than the invitation be accepted. Second ed by Councilman Clark. Carried by the following vote, Yeas-Mayor Pro Tem Kane, Councilmen Bennett, Clark, Murphy. Nays-None. Absent-Mayor Chalmers. Communication of Thos. J, Mul- grsw Company calling the attentiou of the City Council to the very bad condition of Levee Street from Jones Street south to their place and re• questing that this Street bE given the proper improvement so that it will drain, presented and read. Councilman Murphy moved to re• fer the communication to the City Manager. Seconded- by Councilman Bennett, Carried by the following vote. Yeas-Mayor Pro Tem Kane, Councilmen Bennett, Clark, Murphy. Nays-None. Absent-Mayor Chalmers, Petition of Art Flick requesting that the penalties be waived on the delinquent special assessments lev led against Lot 309 Davis Farm Ad• dition, presented and read. Councihnan Murphy moved that Mr, Art Flick be granted permission to pay the principal of the delinquent special assessments plus 5% inter- est per annum and advertising costs, the balance of penalties and inter- est to be waived, levied against Lot 309 Davis Farm Addition and the County Treasurer to be instructed accordingly. Seconded by Council• man Clark. Carried by the follow ing vote. Yeas-Mayor Prc Tem Kane', Councilmen Bennett, Clark, Murphy. Nays-None. Absent-Mayor Chalmers. Petition of Millmens Local No. 1646 of the Carpenters and Joiners of America, requesting the City Council to consider the adoption of an ordin• ante providing for the closing down of plauts in which strikes occur and where outside persons are brought in for the purpose of breaking strikes and submitting suggs~stions which should be embodied in the ordinance, also a communication of Dubuque Trades and Labor Congress advising the City Council that their organization have gone on record in favor of the resolution of the Mill- men's Organization relative to the employing of outside labor, present- ed and read. Councilman Murphy moved to re• fer the petition of the Millmens Lo• cal No. 1646 and also the communi• cation of the Dubuque Trades and L abor Congress to the City Solicitor for an investigation and a report as to the legality of such an ordinance. Seconded by Councilman Clark, Car• ried by the following vote. Special Session, May 24th, 1937 141 Yeas-Mayor Pio Tem Kane, Councilmen Bennett; Clark, Murphy. Nays-None. Abasut-Mayor Chalmers. Communication of Dubuque Trades and Labor Congress calling the at• tention of the City Council to the existing conditions of the grounds at the Municipal Athletic Field, pre• sented and read. Councilman Clark moved to refer the communication to the City Man• alter. Seconded by Councilman Mur• phy. Carried by the following vote. Yeas-Mayor Pro Tem Kane, Councilmen Bennett, Clark, Murphy. Nays-None. Absent-Mayor Chalmers. Communication of Dubuque Trades and Labor Congress requesting the City Ceuncil to extend an invitation on behalf of the Citizens of Dubuque to the Iowa State Federation of La- bor that the 1938 convention of the Iowa State Federation of Labor be held in Dubuque,. Iowa, presented and read. Councilman Bennett mov ed that the request bs• granted. Sec- onded by Councilman Murphy. Car- ried by the following vote. Yeas-Mayor Pro Tem Kane, Councilmen Bennett, Clark, Murphy. Nays-None. Absent-Mayor Chalmers. Communication o f D u b u q u e Trades and Labor Congress request- ing that all fees and licenses be eliminated for the holding of their carnival during the week of May 31st., 1937, presented and read. Councilman Clark moved that the request be granted;. Seconded by Councilman Murphy. Carried by the following vote. Yeas-Mayor Pro Tem Kane, Councilmen Bennett, Clark, Murphy. Nays-None. Absent-Mayor Chalmers, Communication o f D u b u q u e Trades and Labor Congress advising the City Council that a Committee from the Dubuque Trades and Labor Congress together with a Committee from the Municipal Employes Union requesting that a meeting be arrang• ed with the City Council, presented and read. Councilman Murphy moved that the request be granted. Seconded by Councilman Bennett. Carried by the following vote. Yeas-Mayor Pro Tem Kane Councilmen Bennett, Clark, Murphy Nays-None. Absent-Mayor Chalmers. Petition of I{retschmer•Tredwa3 Company requesting the City Counci to declare the south side of NintY Street between the Alley and Wash ington Street a restricted parkins area, presented and read. Councilman Bennett moved that the request be granted and that the City Solicitor be instructed to pre• pare an ordinance covering the same. Seconded by Councilman Murphy. Carried by the following vote, Yeas-Mayor Pro Tem I{ane~, Councilmen Bennett, Clarh, Murphy. Nays-None. Absent-Mayor Chalmers, Petition of Orpheum Theatre re• questing permission to hold a parade on May 25th., 1937 presented and read. Councilman Bennett moved that the request be granted. Seconded by Councilman Clark, Carried by the following vote. Yeas-Mayor Pro Tem Kane, Councilmen Bennett,, Clark, Murphy. Nays-Notie. Absent-Mayor Chalmers. Petition of C, E. Harris et al re- questing that Klingenbsrg Terrace from Kleine Street to Rosaline Street be improved, presented and read. Councilman Bennett moved to re- fer the petition to the City Manager. Seconded by Councilman Murphy. Carried by the Yellowing vote. Yeas-Mayor Pro Tem Kane, Councilmen Bennett, Clark, Murphy. Nays-None. Absent-Mayor Chalmers. Petition of Martin N. Lang, re• ferred to the City Council by the Board of Supervisors, requesting sus• pension of the 1936 taxes on Lot 400 Ham's Additicn, presented and read. Councilman Bennett moved to re• fer the petition to the City Solicitor far investigation and report, Sscond• ed by Councilman Clark, Carried by the following vote. Yeas-Mayor Pro Tem Kane, Councilmen Bennett, Clarlc, Murphy, Nays-None, Absent-Mayor Chalmers. Communication of United States Senator Clyde L, Herring acknow- ledging receipt of letter of Mayor Chalmers opposing the passage of Pettengill Bill, presented and read. Councilman Bennett moved to re• ceive and file the ,communication. Seconded by Councilman Murphy. Carried by the following vote. Yeas-Mayor Pro Tem Kane, Councilmen Bennett, Clark, Murphy, Nays-None. Absent-Mayor Chalmers. Communication of United States Senator Guy M. Gillette acknow- ledging receipt of letter of Mayor Chalmers opposing the passage of the Pettengill Bill, presented and read. Councilman Bennett moved to re• ceive and file the commmnication, A., ii, ~~! •'~ ;a~ , P a, ~` J IR*3 i i t~ ~j ~I ~;~ ~ i~. • lil. ~I','I ~; ', ~, iii 142 Special Session; May 4th, 1937 _.,__ -, Seconded by Cbuitcilinan Mtrrphy, May 10, 19$9. Carried- by the fb13b~+rng 'VAte: , 9?b thr; Itbnbrabli Iltayor, ' Teiti Kanb, 'Yeas-Mayor ` Pt'o , City Council and City Manager _ Conneilinbn ~enhetf, clal•~,1Vfui'phy. Dubuque; liirvh. Maya-l~fiiiie. Gt:htlemen ltefbt'17rig tb the com• ' Absent-Nlayby Chalhiei~s. bf munlbatiori of Fire Chief Ryafl ' Cbmmanlcation of 1iV. J. Conhell, to fue blay 7th, 1937, and te4erred suggesting that Jii'ectbr of ltealtli, foi• illVestigation and report 1'egai'd• . measures be taken to require tH9~t all ing tho atattrs 'uf City Lot 14; owned dogs begiroperly ticeii"ssd as wail as by the Sisters of the Hbly Ghost, be taketl foi' the other measures lieg to advise that I have examined ' , elimihation of alt non-libenaed dbga, nd the reeotds in the CbuNt $buse, 'a presented anfl read. beg td 'r'epor`t as follows':- Councilman Murphy moved tb te- Tak of 1933 in the amount of $964.29. fer the eominunication to the City Tao of 1934 in the amount of $924.13, Manger. ~eeonded by Cbtrnbilnian T2x bf 1835 in the amount of $485.40. t3ennett. Carried by the 4ohowtng (The above were sold to the Coun• vote. ty of Dubtrllue 'at the scav'enget sale Yeas-Mayor Pro Tem Kane, of January 4, 1937:) Councilmen )#ennett, Clark, Murphy. Taz bf 1536 ih the amount of Nays-None• $486.00 is s'til•I unpaid. Absent-1Vlayor Chalmers. On July 30, 1934, the City of Du- Commtrnieation of J. J. Hail, buque levied against City hot 14 Superintendent of City ~V a t e r for the improvement of Main Street Department, submitting an estimate in the amount of $281.92. There of the cost of cohstruction of a has been nothing paid on the prib• water main to serve property owhed cipal and the interest payments due by the City bf bubugtre at Prescott to 1935 and ainounting to $8.26 and and Whittier Streets, presented and the interest payments of 1936, read. amounting to $14.09, were also sold Councilman 130iine'tt moved that at the scavenger sale of January 4, the communication be received and 1937. filed. Seconded by Councilman On October 1, 1934, the City of Murphy- Carried by the following Dubuque levied against this property vote. for boulevard lights on Main Street Yeas-Mayor Pro Tem Kane, in the 'amount of $129.04. Nothing Councilmen Bennett, Clark, Murphy- has been paid on the principal of this assessment-the interest of Nays-None. $2.68 for 1935 ahd the interest of Absent-Mayoi' Chalmers. $6.45 for 1936 have also been sold Communication of Wm. L, Ryan, to tke County of Dubuque at the Chief, Department of Fire, submit- 'scavenger sale of January 4, 1937. ting attached letter from the Dtr• On July 1, 1935, the City of Du• bugtre Fire• Fighters Association re• bugne levied against this property in questing that Firemen T. Hanley the amount of $425.00 far the partial and M• Bennett be granted time ofE demolition of th'e building. This to attend laboi conventions daring amount has also Boas to the County the month of June, 1937, presented at the sale of dantrary 4, 1937. and read. Oh November 2, 1931, the City Councilman Murphy moved that of Dubuque levied against this pro, the requests be granted. Seconded peity for the boulevard lights on st Fourth Street in the amount E by Councilman Clark. Carried by a 97. The first three (3) in• bf $52 the following vote. . stalhnent5 amounting to $5.27, $6.34 Yeas-Mayor Pro Tem Kane, respectively, have been and $5.27 Councilmen Bennett; Clark, Murphy, , paid, but the payments due in 1934, Nays=None. 1936 and 1936 also went to the scav Atisent-Mayor Chalmers. eager sale of January 4, 1937, I'eav Report of Board of Health for the ing a balance there of $21;08 unpaid. • month of April, 1937, presented, 1931, the City lev On NovembeM 2,. Councilman Clark moved that the led against this properfy foT the fm• p'roYement of East Fourth Street in rsport of the Board of Health for 'the amount of $36.70-three '(3) in• the month of April, 1937, be received were paid - or $11.01 stallments and placed on file. Seeonded~ by , , the instahments due in 1934, 1936 Councilman Bennett. Carried by the " an'd 193fi, making a total of $11.01, bte, following v we5•e also in'blude'd in the tax sale Yeas-Mayor Pro Tem Kane; of Jantrary 4, 1937, leaving a balance Councilmen Bennett, Clark, Murphy. trnpaid of $14.68. NaY"s-None• Therefore, the total amount of Absent=Mayor Chalmers. taxes against 'this property and Special Session, May 24th, 1937 143 which are Row in scavenger .sales, amounting to $2,896.63, together with the unpaid taxes of 1936, amounting to $485.00 and the remaining bak ante fpr boulevard lights on East Fourth Street, amounting to $21,08, the improveuent of East Fourth Street, amounting to $14.68, and $281.92 for the improvement of Main Ctreet and $129.04 for boule• vard lights on Main Street, or a total of $3,828.36. This is submitted to you without including penalties, etc. Respectfully submitted, OTTO F, PULS, City Treasurer. Councilman Murphy moved that the communication of City Treasurer Pule be received and filed- Second, ed by Councilman Bennett. Carried by the following vote: Yeas -Mayor Pro Tem Kane, Councilmen Bennett, Clark, Murphy. Nays-None. Absent-Mayor Chalmers. May 20, 1937. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Attached is a bill re• ceived today from the Dubuque Air• ways, Incorporated, including a re• quest for the City to pay to them $260.00. On September 21st Resolution No. 113-36 was approved and adapted by the City Council, including the Contract for the Lease of the Air• port for five years with the Dubuque Airways, Incorporated. In Section III of this Lease the City of Dubuque agreed to pay to said Lessee the sum of $10.00 per week, in the fall, winter and spring of each year, in• eluding 26 weeks from October lot to March 31st. As of March 31, 1937, the cash bal• ante of the Airport Fund was $451.35. Accordingly, this bill of $260.00 is in accordance with the contract and, if the same is author- ized by the Council for payment, no further payment shall be necessary to the Airways, Incorporated for ap• proximately one year later. Respectfully submitted, R. M, EVANS, City Manager. Councilman Bennett moved that the communication of City Manager Evans together with the attached bill of Dubuque Airways, Inc-, be re• ferred back to the City Manager. Seconded by Councilman Murphy. Carried by the following vote: Yeas -Mayor Pro Tem Kane, Councilmen Bennett, Clark, Murphy. Nays-None. Absent-Mayor Chalmers, May 20, 1937. To the I~onorable Mayor and City pouncil, Dubuque, Iowa.. Gentlemen: Attached is a letter addressed to the City Council but sent to the Manager by Mr. A. J• Mihm in connection with a certain paid special assessment by Mrs. Ella Hartford, An investigation of this condition was made today. We received in December, 1936, a receipt from the County Treasurer including Receipt No. 1219, dated November 21, 1936, and of a total amount-$134.47. This assessment was for the paving of Locust Street, Fund Ne. 927, levied December 14, 1931. The 1/10 of the principal=$20.29 had been duo since March 31, 1936. Accordingly, the amount paid by Mrs. Ella Hartford was the 1/10 of principal due on March 31, 1936, and also the entire remaining flue yearly portions of principal due fin, ally on March 31,1941, The portions of the total payment of $134.47 in• eluded principal-$121.74 and inter- est and penalty-$12.73. Our analys• is of actual interest on the principal amounts to $11.11. These assess- ment bonds are still outstanding. Therefore the only amount of pen, alty as received by the City amount- ed to $1,02. The letter of May 19th requests authorization far the refund of pen, alty received by the City. Respectfully submitted, R• M. EVANS, City Manager. Councilman Clark moved that the communication of City Manager Ev ans be received and filed. Seconded by Councilman Murphy- Carried by the following vote: Yeas -Mayor Pro Tem Kane, Councilmen Bennett, Clark, Murphy. Nays-None. Absent-Mayor Chalmers. May 20, 1937• To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: On May 10th Mra. Selma Weeds, who lives at 1833 North Main Street, discussed at the City Council meeting her difficulties in regard to the broken stone wall on the northeast side of Madison Street about 400 feet from 17th Street. An appeal was submitted to the W. P• A. officials last fall for the rebuilding of a proper stone wall about 50 to 60 feet in length at this area- The location of this wall is just northwest of Mrs. Weeda's home. , Within the- last few daYS author- I Ii 9~ +,~. ~p ~; II E }h 144 Special Session, May 24th, 1937 ization was received by the City officials that this wall was to be replaced. Work has now been start- ed. The Street Superintendent, Mr. Thos. Byrne, has had past eaper,• fence in building difficult walls and now he shall assist the relief labor- ers and city foreman daily on this project. It is hoped that the pro• ject shall be finished shortly. Respectfully submitted', R. M. EVANS, City Manager. Councilman Bennett moved that the communication of City Manager Evans be received and filed, Sec• onded by Councilman Murphy. Car• tied by the following vote: Yeas -Mayor Pro Tem Kane, Councilmen Bennett, Clark, Murphy. Nays-None, Absent-Mayor Chalmers. May 20, 1937. Gentlemen: On May 3rd a pe~~~ lion was submitted to the City Coun• cil by Mr, H, S. Sarson. A dangEr• ous condition was mentioned in re- gard to a gully on the northeast side of Fremont Avenue, about 400 feet south of Wartburg Place. This condition was checked by the Man• ager and it was discovered that the east portion of the rock road on Fre- mont Avenue, leading to Catfish Creek, had been washed away and the pot•tion of this road was too nar• row for two cars to pass at a length of about 150 feet, Accordingly, this deep gully has now been filled in with broken rock and the gutter has been extended tc the east. Shortly, other portions of this road must be smoothed and rolled, but it is believed that the hazard is eliminated. Another bad condition was discovered a few days ago at the northeast edge of the Catfish Creek Bridge. Due to heavy recent rains, the ground had been washed out and said hole near the bridge has now also been filled and braced with concreted stone. Respectfully submitted, R, M. EVANS, City Manager. Councilman Bennett moved that the communication of City Manager Evans be received and filed. Sec• onded by Councilman Murphy. Car- ried by the following vote: Yeas -Mayor Pro Tem Kane, Councilmen Bennett, Clark, Murphy. Nays-None, Absent-Mayor Chalmers. May 20, 1937. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: An examination of the Board and Commission members, as appointed by the City Council, has just been made. (1) Mr. Louis Stoffregen's ap• pointment on the Board of Zoning Adjustment expired March 5, 1937. New term is for five years, (2) Again, Mr. Louis Stoffregen and Mr. Dalo Welch will both ex- pire, as members of the Planning and Zoning Commission, on Mon• day, May 24, 1937. New term is for five years. Other terms will shortly expire include: Mr, F. R, Lacy, Library Bcard, July 1, 1937, six year term, Mr. Chas. McLean, Library Board, July 1, 1937, six year term, All nine members of Recreation Commission, July 10, 1937, all a three-year term. Respectfully submitted, R, M. EVANS, City Managet•. Councilman Bennett moved. that Mr, Louis Stoferegen he reappointed as a member of the Board of Zon• ing Adjustment for a period of five years, said term to expire March 5th, 1942, and also that Mr. Louis Stoff• re~gen and Mr. Dale Welch be reap- pointed as members of the Planning and Zoning Commission fora pet•- iod of five years, said terms to ex• pits May 24th, 1942, Seconded by Councilman Murphy. Carried by the following vote; Yeas -Mayor 'Pro Tem I{one', Councilmen Bennett, Clark, Murphy. Nays-None, Absent-Mayor Chalmers. May 17, 1937. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Attached are Rve sep• orate bids for the publication of the Dubuque Municipal Report for the fiscal year 1936.7. These sealed bids were submitted to the City Manag• er, as requested, Friday, May 14th, at 4:00 P. M. Mr. M, S. Hardie and the Uttion Printing Company were also advised of the desire for bide on this publi• cation, but these gentlemen stated, due to their present excessive ser~ vice, that no bids could now be sub• witted by them. BIDS. (1) The Hoermann Press, 6"x9" pages, trimmed size, saddle stitch, inside stock 80 lbs, white enamel, outside cover 65 lb. antique stock, including 500 copies = $128.00; 750 copies = $153.00 and 1000 copies = $170.00. (2) The Dubuque Leader, 6"x9" pages, inside stock 80 lbs. enamel, outside covers as later submitted May 15th, including 600 copies = Special Session, May 24th, 1937 14S $140.00; 750 copies = $160,00; 1,000 copies = $175,OD. (3) The Pauly Printing Co., 6"x9" pages, inside stock 80 lbs. enamel, outside covers as submitted with bid, including 500 copies = $139.75; 750 copies = $165.75; 1,000 copies = $184,50. Plus Sales Tax to be added. (4) Catholic Tribune, 6"x9" pages, inside stock 80 ]bs, enamel, outside cover Buckeye white, including 500 copies-$192.00; 750 copies=$223,00; 1,000 copies =.$250.00. (~5) Telegraph • H e r a l d, 6"x9" pages, inside stock 100 lb. enamel, outside cover 65 lb. antique, includ- ing 500 copies = $230.85; 750 copies _ $254.40; 1,000 copies = $277.35. On May 17th a second bid was t•eceived from.The Telegraph-Herald' on the basis of 80 lbs. enamel for the inside pages including 500 co• pies = $221.70; 750 copies = $240.67; 1,000 copies = $259,05. All cuts of the t•equhed pictures were authorized to be furnished and paid by the City of Dubuque, Iowa, A study of all bide tivas made and on May 17th the Mayor and all of ills `Councilmen, individually, ap• proved the authorization for this publication to be made by the low- est bidder, viz., The Hoermaun Press. Mr, Charles Hoertnann will attempt to complete this publication before June 1st, 1937. One thousand' copies of this an- nual report were ordered. Respectfully submitted, R. M. EVANS, City Manager. Councilman Murphy moved that the communication of City Manager Evans be received and filed. Sec- onded by Councilman Clat•1~. Cart•ied by the following vote: Yeas-M a y o t• Pro Tem Kane, Councilmen Bennett, Clark, Murphy. Nays-None. Absent-Mayor Chalmers. May 15, 1937. To the Honorable ]Mayor and City Council, Dubuque, Iowa, Gentlemen: Following the infor• motion as published May 11th that protests had been made to the City Council in regard to the required stopping of traffic from all four di• rections at 8th and Central, please be advised' that dozens of calls have been submited to the City Manager to contact the Council and appeal for NO changes to be made at this inter- section. Attached are nine (9) letters from othet• firms, industries and individ- uals also appealing that the four stop signs at the 8th and Central intersection be continued, My investigation of this condition includes the belief that the gentle- men who desired the stop signs an Central Avenue to be eliminated, were not familial- with this same provision that has existed in many othet• cities for years, Citizens in othet• cities favor the four stop signs at one intersection. If a Stop and Go signal were at this intersec- tion, traffic would be delayed for a maximum of thirty seconds. Now, after stopping, only a second or so is required for delay in major cases of traffic. Due to many accidents at this in• tersection in past years, and the fact that four stop signs have been ef• fective at a certaih intersection in many other cities, and now that our local traffic is complying with the condition of stopping, it is suggested that no change be made at the inter- section oP.8th and Central, Respectfully submitted, R. M. EVANS, City Manager. Councilman Murphy moved that the communication of City Manager Evans be received and filed. Second'• ed by Councilman Bennett. Carried by the following vote; Yeas-Mayor Pro Tem I{one, Councilmen Bennett, Clark, 111urphy. Nays-None. Absent-Mayot• Chalmers, May 21, 1937. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen; The p e t i t i o n from residents of Rowan Street for im- proving Rowan Street from Grand• view Avenue to the City Line has been investigated. This street is in fairly goad condition for about 400' south of Grandview Avenue. Furth• er south, Rowan Street is too nar- row, rough and hard to drive or walk along the side. The city t•oller has been tied' up for several weeks because of some ordered repair parts that could not be sent to us, due to a strike at the plant. Shortly we now expect to start on this street and many other city streets, Our plan has been to smooth and roll all of the major un• paved streets once or twice per year. As quickly as passible, Rowan Street will be widened, getters shall be installed on both sides of the road and broken roclt, or cinders shall be placed on the present bad road conditions, In addition to benefittiug citizens who live on this street, it may be necessary to provide a good road at this location for a possible new in- dustry that is considering the area south of the city line near the Cat• fish Creek entrance into the river, Respectfully submitted, R. M, EVANS, City Manager. 146 Special Session, May 24th, 1937 Councilman Murphy moved that the communication of City Manager Evans be received and filed. Second- ed by Councilman Bennett. Carried by the following vote: Yeas-Mayor Pro Tem Kane, Councilmen Bennett, Clark, Murphy. Nays-None. Absent-Mayor Chalmers, May 24, 1937. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: A study has been made in connection with Dr. W. J. Connell's request to the City Couu• cil that a second hand car be• pur• chased for full time daily service to the Sanitary Inspector. S i n c e Milk Inspection is required to be made, Joseph Scharry must often go to areas far beyond the city limits. Before the city depression started, our yearly budget provided that $30.00 per month was to be paid to Mr. Scharry for the opet•ation of his privately awned car for city sanita• tion inspection. The three other inspectors are now busy. Tkeir two small Ford cars are entirely necessary for build, +jng, plumbing and electi`ical service, as at present. On May 21st and 22nd an investi• gallon and teats of second hand, small cars were made, by Frank Becker, our garage mechanic, Jo- seph Scharry, and the Manager, in- cluding:, Universal Car & Tractor Ca., 950 Central Avenue. 1-1932, 4 Door, 6 Passenger, 8 cylinder Ford• Black color,, 2 new and 3 fair tires, inside condition good, heater, 4 wheel brakes, estimated mileage=35,000• Cost=$250.00. Guaranteed for 90 days. Mathey Chevrolet Co., 6th and,Iowa Streets. 1-1933, 4 Door, 5 Passen- ger, 6 cylinder, Plymouth. Black color, fair tires, inside condition good, motor repaired, yellow tivheela to be repainted black, no heater, 4 whee•1 bralrea, estimated mileage= 32,000. Cost reduced from $386.00 to $350.00• Fluckiger Motor Co., 450 Central Avenue. 1-1932, 2 Door, 6 Passen• gar Coach, 4 cylinder, Plymouth, re- painted brown, 3 new tires and 2 fait, tires, inside condition good, heat- er installed, 4 hydraulic brakes, steel body, estimated mileage = 34,000. Top of body may leak and might have to be replaced. Cost reduced from $250.00 to $240.00. Schrup Motor Co„ 11th and Cen- tt•al• Avenue. 1-1933, 4 Door, De- luxe, 5 Passenger, 6 cylinder,. Plym• oath. Black color, fair tires, inside condition good, heater installed, 4 hydraulic brakes, estimated mileage =21,000. Cost reduced from $375.00 to $345.00. Faye Bros. Auto Body Shop, 646 Central Avenue. 1-1935, 2 Door, Deluxe, 8 cylinder, 5 passenger, Ford, gray~blue paint, original tires, actual mileage=16,279. No heater; but a radio is installed, good shape outside and inside. Cost reduced from $450.00 to $395.00. Any of these five tested cars would surely last for several years in the City Health Department service. Two of these five are Fords and three rare Plymouth cars. A four door, or a two door car can be used pro, •perly Variations in prices are from $240.00 (Fluckiger Co.) to $395.00 (Faye Bros.). It is suggested that any one of these five cars be authorized to be purchased at once. Several other cars were tested, but others than the above five are not recommended, due, to discovered worse conditions. Respectfully submitted, R. M. EVANS, City Manager. Councilman Bennett moved that the City Manager be authorized to purchase a five passenger Ford auto, mobile from Feye Bras. for the sum of $395.00 for the use of the Sani• tart' Inspector. Seconded by Coun• Gilman Murphy, Carried by the fol• lowing vote: Yeas-Mayor Pro Tent Kane, Councilmen Bennett, Clarlc, Murphy. Nays-None. Absent-Mayor Chalmers, Resolution No. 61-37 Whereas, applications for Claus "B" Beer Permits have been sub, mined 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 follow- ing applications be and the same are hereby approved and it is ord• erect that the premises to he occu• pied by such applicants shall be forthwith inspected, CLASS "B" PERMIT Martin Meyer, 530 East 22nd St, Fred Boyes, 511 Garfield Ave• Harry N. Gantert, 1301 Rhomberg Ave. Dell Warren, 1700 Central Ave• Carl J, Maus, 2319 Prince St. CLASS "C" PERMIT Mrs• Ethel Barrett, 2401 Jackson St. Charles Savory, 892 Cleveland Ave• Special Session, May 24th, 1937 147 Passed, adopted and approved this 24th day of May, 1937. M. R. KANE, Mayor Pro Tema CARL A• CLARK, GEO. R. MURPHY, A, M. BENNETT, Councilmen. Attest; J. J. SHEA, City Clerk, Councilman Bennett moved the ad- option of the resolution. Seconded by Councilman Clark, Carried by the following vote: Yeas - Mayor Pro Tem Kane, Councilmen Bennett, Clark, Murphy. Nays-None. Absent-Mayor Chalmers. Resolution Na. 62-37 Whereas, heretofore applications were filed by the within named ap• plicants for Beer Permits and they received the approval of this Coun- cil; and Whereas, the premises to be occu• pied by them have been inspected and issuEd to comply with the or- dinances of this City and they have filed a proper bond: Now, therefore, Be it resolved by the Council of the City of Dubuque that the Man- ager be and he• is hereby directed to issue to the following named per, sons a Beer Permit, CLASS "B" PERMIT Martin Meyer, 530 East 22nd St, Fred Boyes, 511 Garfield Aye. Harry N. Gantert, 1301 Rkomberg Ave. Dell Warren, 1700 Central Ave. Carl J. Mans, 2319 Prince St. Rttgh W. Buse, 2400 Central Ave. CLASS "C" PERMIT Mrs. Ethel Barrett, 2901 Jackson St. Charles Savory, 892 Cleveland Ave• Raymond E, Duttle, 1105 Walnut ;3t. Be it further resolved that the bands filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 24th day of May, 1937. M. R. KANE, Mayor Pro Tem• CARL A. CLARK, GEO. R• MURPHY, A. M. BENNETT, Councilmen, Attest: J. J. SHEA, City Clerk. Councilman Bennett moved the ad• option of the resolution. Seconded by Councilman Murphy. Carried by the following vote: Yeas - Mayor Pro Tem Kane, Councilmen Bennett, Clark, Murphy. Absent-Mayor Chalmers, Nays-None. Resolution No. 63-37 Preliminary approval of Plans, spe• cifications, form of contract and cost of purchasing and installing of pump, ing equipment for the Waterworks, the equipment consisting of a High Lift Pumping Unit capable of Earn, fishing 1750 gallons of water per min, ate, the same to become a part of 'the equipment of the Kaufman Aven• ue Pumping Station, presented and read. Councilman Bennett moved the ad- option of the resolution. Seconded by Councilman Murphy. Carried by the fallowing vote: Yeas -Mayor Pro Tem Kane, Councilmen Bennett, Clark, Murphy, Nays-None. Absent-Mayor Chalmers. Resolution No. 64-37 Resolution providing for the pur, chase and installation of pumping equipment for the Waterworks; pro viding far a public hearing upon plans, specifications, form of con, tract and cost of improvement;- and directing the City Clerk to adver• tise for bids. Whereas, it is necessary and ad• visable that there be purchased and installed for use of the Waterworks certain equipment consisting of a High Lift Pumping Unit capable of furnishing 1750 gallons of water per minute, the same to become a part of the equipment of the Kauf- mann Avenue pumping station, for which plans,. specifications, form of contract and estimated cost there, of having been heretofore prepared, having received the preliminary ap- proval of this Council, and are now on file in the offtce of the City Clerk; and Whereas, before such equipment can be purchased and installed and such improvements construrted it is necessary that a public hearing be held upon the plans, specifications, form of contract and cost thereof; and Whereas, in order to obviate de• lay in the constructign of such im• provements it is necessary to pro, cure proposals from contractors de• siring to submit bids thereon: Now, therefore, Be it resolved by the City Coun• Gil of the City of Dubuque that this Council meet in the Council Cham• bar at the City Hall at 7:30 p. m• on June 7, 1937, for the purpose of conducting a public hearing upon the plans, specifications, form of con, tract and cast of improvements to ? •~ i~ +, , 1 ~~ $~ %~ ri '; ji?~ '` ~. >Ij ,;1 • i, r ql i''"II'~ ~' •~~~ ~~.~~ ~~~ :,' 148 Special Session, May 24th, 1937 bg purchased and installed for the Waterworks at the Kaufmann Aven• ue pumping station, the estimated cost of such improvements being $5,500,00, and the City Clerk be and he is hereby directed to publish a notice of such hearing at least once in tho Telegraph-Herald ten (10) days before the date thEt'eof, as provided by law. Be it further resolved that the Clerk be and he is hereby directed to advertise for bids for the furnish- ing and installation of such equip- ment, such proposals to be received by the City Manager not later than 10:00 a. m. on June 7, 1937, and be submitted by him to this Council at the meeting to be held at 7;30 p, m. on that datE, at which time the Council will consider such pro• posals and award a contract there fot• if a satisfactory bid is received, or may defer action thereon to a later date. Passed, adopted and approved this 24th day of May, 1937. M. R. KANE, ' Mayor Pro Tem. CARL A. CLARK, GEO. R. MURPHY,, A. M. BENNETT, Councilmen, Attest: J, J. SHEA, City Clerk. Councilman Bennett moved the ad• option oP the resolution. Seconded by Councilman Murphy. Carried by the following vote: Yeas -Mayor Pro Tem I{one, Councilmen Bennett, Clark, Murphy. Nays-None. Absent-Mayor Chalmers, Ordinance No. 8-37, Special Or- dinance. An ordinance granting I{lauer Manufacturing Company the right to construct and' maintain a car-loading and canopy upon public property subject to certain restric• tions, presented and read. Councilman Murphy moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Bennett, Carried by the following vpte; Yeas-Mayor Pro Tem Kane, Councilmen Bennett, Clark, Murphy. Nays-None. Absent-Mayor Chalmers, Councilman Bennett moved to sus- pend' the rules requiring•an ordin• ante to be read on three separate days. Seconded by Councilman Mur- phy, Carried by the following vote: Yeas-Mayor Prc Tem Kane, Councilmen Bennett, Clark, Murphy. Nays-None. Absent-Mayor Chalmers. The ordinance waa then read a second time. Councilman Bennett moved that the reading just had be considered the second reading of the ordinance. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayer Pro Tem Kane, Councilmen Bennett, Clark, Murphy, Nays-Absent. Absent-Mayor Chalmers. Verbal report of City Solicitor Czizek recommending the settlement ,of the personal injury claim of Mrs. Katherine Streinz in the amount of $126.00 for injuries sustained in fall- ing on icy sidewalk at 743 Julien Avenue, presented. Councilman Clark moved that the recommendation of City Solicitor Czizek be approved and that a war• rant in the amount of $126.00 be or• det'ed drawn on the City Treasurer in favor of Mrs, 'Kathryn Streinz as settlement in full of her personal injury claim. Seconded by Council• man ,Bennett. Carried by the fol- lowing vote: Yeas-Mayor Pro Tem Kane, Councilmen Bennett, Clark, Murphy. Nays-None. Absent-Mayor Chalmers, Councilman Murphy moved that the previous action of the City Couu cil be rescinded in the appointing of Raphael J. Kenneally as night watchman at the Ninth Street Fire Engine House and that the said Ra- phael J. Kenneally be placed back in active service on the Fire Depart- ment as an Engineer. Seconde6' by Councilman Clark. Carried by the following vote: Yeas-Mayor Pro Tom Kane, Councilmen Bennett, Clark, Murphy. Nays-None. Absent-Mayor Chalmers. There being no further business, Councilman Bennett moved to ad• journ, Seconded by Couttcilmau Clark. Carried by the following vote: Yeas-Mayor Pro Tem Kahe, Councilmen Bennett, Clark, Murphy. Nays-None. Absent-Mayor Chalmers, J, J. SHEA, City Clerk. Approved ......................................1937. Adopted ...................................1937, Councilmen: { ........................................ Attest : .................................................. City Clerk. it i „'i ~~ ~. t >., h j ,, i~~ ; i ~ g{" d ~ ,. '~;c:: y: .-r ~ ~~'~ { ~ ~ i ;a~ _ ,j„ re" , . sq~~'-° ~` ~ a , .