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1937 December Council ProceedingsR~gu~ar Sessipn, December 6th, 1937 285 i -, i i City Goancil (Official) Regular Session, December 0th, 1937. Council met at 7:50 P. M. I'r e s e n t-Councilmen Bennett, Clark, Kane, Murphy, City Man- ager Rhomberg. Absent-Mayor Cbalmers• Councilman Clark moved that Councilman Kane be appointed Mayor Pro Tem of the meeting. Seconded by Councilman Bennett, Carried by the following vote: Yeas -Councilmen Bennett , Clark, Murphy, Nays-None. Absent-Mayor Chalmers. Councilman Kane not voting, Mayor Pro Tem Kane stated that this is the regular monthly meet, ing of the City Council for the Purpose of acting upon such bust- nesa as may properly come before the meeting, Petition of Mt•s. Mattis Hoskins, et al, requesting that the .Interstate Power Company be required to route part of their busses over Dodge, Street between Bryant Street and Grandview Avenue, pre, sented and read. Councilman Bennett moved to suspend the rules for the purpose of allowing any one present in the Council ChambEr, who wish, es to do so, to address the Coun• ci]• Seconded by Councilman Clark, Carried by the fallowing vote: Yeas-Mayor Pra Tem Kane, Councilmen Bennett, Clark, and Murphy, Nays-None• Absent-Mayor Chalmers, M.r. Geo. P. Siegworth addressed, the bouncil requesting that the prayer of the .petition requesting buq service over Dodge Street bey tween Bryant, Street and Grand- view Avenue be granted, Councilman Glar-k moved that the, petition be referred to the City Manager to confer with the offl~ cials of the Interstate lower Com•- pany.: Seconded - by Councilman Be:4nott• Carried by ;the. following, vets: Yeas-Mayor, _ Pro Tem Kan. e, Councilmen Bennett,- Clark and Murphy, Nays-None, Abaept; Mayor ,Cha)mers: Mr,, E..0: Betscher; Commercial Superintendent, American ,District Telegraph Company, addressed the, Council relative to the former ac• tion takes by ,the City ,Council in granting, the request of,the petition of MidNest•Timmerptan Company et al, to transfer the, private fire alarm bell system ennunciator board from the Ninth,Street engine house to the Eighteenth Street alarm headquarters, and making further inquiry as to the future policy of the City Council in grant, ing such requests as tho granting of future requests will, interfere with-their established business. Original Notice of Suit of Grover C. Hoch in the amount of $1,000.00 for damages caused by the flooding of the basement and the settlement of the piers of his house at No. 2270 Woodworth Street resulting from a water main breaking in Woodworth Street, presented and read. Councilman Bennett moved to refer the Notice of Suit to the City Solicitor. Seconded by Coun• Gilman Murphy, Carried by the fallowing vote; Yeas-Mayor Pro Tem, Kane, Councilmen Bennett, Clark and Murphy. Nays-None. Absent-Mayor Chalmers. Claim of Ewald F. Gerken for damages caused to hie clothing caused in falling into an excava• tton on West 28th Street, present- sd and read. Councilman Murphy moved to refer, the claim to the City,Solici• tor, Seconded by Councilman Clark. Carried :by the following vote: Yeas-Mayor Pro Tem Kane, Councilmen Bennett, Clark and Murphy. Nays-Nane.. Absent-Mayor Chalmers. Communication of Retail Mer• chants Bureau expressing; their sincere :appreciation for assistance in connection with, the. Christmas Parade, .presented and read. Councilman Murphy moved to re- ceive and file, the communication. Seconded by Counoiltnan Bennett. Carried, by the following vote: Yeas-Mayor Pro Tem Kane, Councilmen. Bennett, Clark and Murphy, -Nays-None, Absent-Mayor Chalmers, Petition of the truck drivers la, cal protesting ao the, laying otq of two city employees and the re- duction of working time for several ethers to.120 hours per month, or- three .weeks. -work per mplnth, pre• aented an,d. read.~l. Councilman Clark moved to.re- ler the petition to the City Coun• aL Seconded by CauncilmanBen• nett. Carried by :the. • following rote.: Yeas-Mayor Pro: Tem: Kane, 286 Regular Session, December 6th, 1937 _ Councilmen Bennett, Clark and Murphy, Nays-None. Absent-Mayor Chalmers. Petition of Dubuque Trades and Labor Congress opposing the ac- lion taken by the City Manager shot•tening the hours of the City Employees, especially at this tithe of the year, also the laying off of two men,, presented and read. Niesst•s Mark Gavin,. Norman Kormann and Charles Calahan ad- dressed the Council requesting that the employes be placed back on full time and also that the two employees Nha were laid off assessments levied against Lot 50 of ,Cook's Addition, Fund No. 634, presented and read. Councilman Clark moved that the request be' granted and that a wat•t•ant in the amount of $60.14 bo ordered drawn on the Special Bonded Fund in favor of Henry Suverkrup, Jr., to cover the amount of refund granted. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Pro Tem Kane, Councilmen Benuettx Clark and Murphy. Nays-None. Absent-Mayor Chalmers. Petition of Mr. and Mrs, Chas. W. Avery requesting a refund on penalty charges paid on delinquent special assessments levied against the south 125 feet of Lot 19 of Littleton & Sawyer's Addition, Fund No. 864, presented and read, Councilman Mtu•phy moved that the request be granted and that a warrant in the amount of $20.40 be crdered drawn on the Special Bond• ed Fund in favor of Mr, and Mrs. Chas. W. Avery to cover the amount of refund grouted, Second- ed by Councilman Bennett. Car- ried by the following vote: Yeas-Mayor Pro Tem Kane, Councilmen Bennett, Clark and Murphy. Nays-None. Absent-Mayor Chalmers. Petition of Mrs. Mary Nicl;s, t•e- ferred to the City Council by the Board of Supervisors, requesting suspension of the 1936 taxes on the N, t/z of S. M. 1-5 of City Lot 437 and on the S. I/z of M, 1.6 of City Lot 487,, presented and read. Councilman Bennett moved to re- far the petition to the City So• licitor for investigation and report. .Seconded by Councilman Clark. Carried by the following vote: Yeas-Mayor Pro Tem Kane, Councilmen Bennett, Clark and Murphy. Nays-None. Absent-Mayor Chalmers, Petition of Gertrude Waldorf, re- ferred to the City Council by the Board of Supervisors, requesting suspension of the 1936 taxes on Lot 81 of L. H. Langworthy's Ad• dition,, Presented and read. Councilman Bennett moved to re- fer the petition to the City Solic- itor for investigation and report. Seconded by Councilman Clark. Carried by the following vote: Yeas-Mayor Pro Tem Kane, Councilmen Bennett, Clark and Murphy. Nays-None. Absent-Mayor Chalmers. Petition of Frank Moots, et al, be put back to lvork. - Councilman Clark moved to re- - fer the petition to the City Coun- cit. Seconded by Councilman Ben- °-_ nett. Carried by the following =_ vote: Yeas-Mayor Pro Tem Kane, Councilmen Bennett, Clark and Murphy. Nays-None. - Absent-Mayor Chalmers. = Petition of M. B, Olansky re• - questing a 1•efttnd on his cigarette = permit as he has discontinued bus- iness as of November 10th, 1937, presented and read. Councilman Clark moved that the request be granted and that a __ warrant in the amount of $50.00 be ordered drawn on the City _ Treasurer in favor of M: B. Olan- - sky to cover the amount of re- - fund granted. Seconded by Coun• _ Gilman Bennett. Carried by the fallowing vote: - Yeas-Mayor Pt•o Tenl Kane, Councilmen Bennett, Clark and Murphy. Nays-None. Absent Mayor Chalmers, Petition of Edwin Bull t•equest- ing that someone be empowered to investigate and reimburse him with an amount which wilt be just and equitable on the ape~cial assess- = naent for sanitary sewer on two lots, as only -one lot is accessible to the sewer, the description be• ing the west fifty of the west one• hundt•ed of the east two hundred and forty feet of lots 8 and 9 of Sisters Addition, presented and read: Councilman Behn2tt moved to re- ceive and file the petition. Sec- onded by Councilman Clark. Car- tied by the fallowing vote: Yeas-Mayor Pro Tem Kane, Councilmen Bennett, Clark and Murphy.' Nays-None. Absent-Mayor Chalmers. Petition of Henry. Suverkrup, Jr., requesting a refund on pemalty cjtarges paid on delinquent special Session, December 6th, 1937 287 requesting that Bluff Street Exten- sion be poi in condition for travel by delivery truck and passenger cars, also that park step lights be replaced and also that one more street light be installed halfway between park steps and Rush Street steps, presented and read. Councilman Murphy moved to re- fer the petition to the City Man- ager. Seconded by Councilman Clark. Carried by the following vote: Yeas-Mayor Pro Tem Kane, Councilmen Sennett, Clark and Murphy. Nays-None, Absent-Mayor Chalmers. Petition of J, J. Nagle Estate, by John A. Nagle, requesting the City Council to appt•ove the occupancy of No: 429-437 Main Street for au- tomobile sales and show roam, pre- sented and read, Councilman Clark moved that the Building Commissioner be in- strutted to grant an extension of GO days tiara for the occupancy of said building as an automobile sales and show room and that the City Solicitor be instructed to draft an ordinance amending the Zoning Ordinance as the same ap- plies to the term Public Garage. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Pro Tem Kane, Councilmen Bennett, Clark and Murphy. Nays-None. Absent-Mayor Chahners. Ordinance No. 11-37. An ordi- nance granting to Joseph Jungels, his successors and assigns, the right to Construct and maintain a canopy over the sidewalk at 1085 Julien Avenue, prescribing the conditions of such permit and de- claring an emergency, said ordi- nance having been passed upon first and second readings on No• vetrtber 15th, 1937, presented and read a third time. ORDINANCE N0, 11-37 An ordinance granting to Joseph Jungels, his successors and assigns, the-right to construct and maintain a canopy aver the sidewalk at 1DR5 Julien Avenue, prescribing the condi- tions of such permit and declaring an emergency. Be it ordained by the City Coun- cil of the City of Dubuque: PARAGRAPH 614, Section. 1. That Joseph Jungels, his successors and assigns, be and he is hereby grant- ed the right and authority to con- struct and maintain a canopy at- tached to his building located at 1085 Julien Avenue, said canopy to extend over the sidewalk for a distance of not to exceed 6 inches, the same to he built under the supervision of the Building Commissioner of tho City of Dubuque. PARAGRAPH 615, $ectlon, 2. It is understood and provided that sucl[ permit is subject to the continuous control of the City Council of this City, reserving the right to imposo restrictions or conditions upon the eujoyutent thereof as may be reason- ably necessary for the protection of the public interest, including the right to revoke and rescind such Permission if at any time the pub- lic interest should require such [ ecuca[ion. YAHAGRAPH 61G, Section 3. :Phis Ordinance being deemed urgent and of immediate necessity shall become effective upon final passage, udupliou and approval thereof by the City Council and publicatiao as ptvvided by law, and the rights hereunder shall accrue lu said Joseph Jungels, his successors and assigns, when the provisions hereof shall have been ac- cepted by him. Passed upon first and second read- ings this 15th day of November, 1937. Passed, adopted and approved up- on final reading this Gth day of T)e- cember, 1937. M. R. KANE, ~4faycr Pro Tem CARL A. CLARK, GEO. R. MURPHY, A. NL' BENNE'1'T, ' Councilmen. Attest: ,I. J. SHE " City C /eik. ACCEPTANCE OF tRDINANCE N 0. 11 37. Joseph Jungels d s hereby accept all of the terms, cu ditious and pro- visions of an Urdi[ once adopted by the City Council of the City of Du- buque ou the Gth ay of llecember, 1931, and entitled "An ordiuauee granting to Joseph dung'els, his sac- censors and assigns, `the right to con- struct and maintain a canopy over the sidewalk at 1085 Julien Avenue, prescribing [he conditions of such permit and declaring an emergency." Dated this 9th day of December, 19x7. JUSL+'YH E. JUNUELS. Published officially in The Tele- graph-Herald newspaper December 10th, 1937, _ .f. J. SHEA, 1'l-111.1[ City Clerk, Councilman Bennett moved the adoption of the ordinance. Sec- onded by Councilman Clark. Car- ried by the following vote; Yeas-Mayor Pra Tem Kane, Councilmen Bennett, Clark and Murphy. Nays-None. Absent-Mayor Chalmers. Ordinance No. 12-37, An ordi- nance granting ta.the Maizewood Insulation Company, its successors and assigns, the right to construct and maintain a loading platform on Salina Stt•eet, prescribing the con- ditions of such pet•mit and declar- ing an emergency, said ordinance having been passed upon first and second readings on November 15th, 1937, presented and read a third 1 time. Ihl ORDINANCE N0. 12-37. f1 An ordinance granting to the Maize- U wood Insulation Company, its sucPess- ors and assigns, the rlght to con- struct and malntalp. a loading plat- form on Salina Street, prescribing 288 Regular Session, December 6t11, 1937 the conditions of such permit and de- claring an emergency. Be it ordained by the City Council of the City of 'Dubuque: PARAGRAPH 617 Section 1. That the Maizewood Insulation Company, its successors and assigns, be and it is hereby granted the right and authority to construct and maintain a loading platform on Salina Street abutting its building located on Lot 4 of Lot B of Industrial Subdivision, such loading platform to occupy 147 square feet -and 9 inches of said street, the same' to be used in con- nection with the operation of the business of said company, said struc- ture to be built under the super- - vision of the Building Commissioner of the City- of Dubuque, PARAGRAPH 618 Section 2. It is understood"and provided that ouch -_ right and permission to use adch = street is subject to the continuous control of the City Council of thin - City, reserving the right to impose re- atrictions or conditions upon the en- ~ j6ymebt "thereof as may be reasonably - necessary for the protection of the public interest; including the right to - revoke and rescind such permission -_ if at any time the public interest should require such revocation, - PARAGRAPH 619 Section 3. This Ordinance being deemed urgent and _ of immediate neoessity shall become _ effective upon the final passage, adop- tion and approval thereof by the City - Council and publipation as provided by law, and the rights hereunder = shall accrue to said Maizewood'In- = sulation Company, its successors and - assigns, when the provisions hereof _ shall have been accepted by said tom- - pang. - Passed upon first and second read- ing this 15th day of November, 1937. - Passed, adopted and approved upon final reading this 6th day of Deoem- ber, 1937. M, R, KANE, Mayor Pro Tem. CARL A: CLARK, = GEO. R, MURPHY, A. M. BENNETT, - Councilmen. Attest: J. J. SHEA, City Clerk. - ACCEPTANCE OF ORDINANCE = NO. 12-37. - The Maizewood Insulation Company through its authorized officers does _' hereby'accept'all'of the terms con- ditions and' provisions of an brdn-' once adopted by'the City Council of the City of Dubuque on the. 6th day \\ of December, 1937, and entitled: "Or- dinance No. 12-3T, An ordinance granting to the Maizewood Insulation - Company; its successors and assigns, _ the right to construct and maintain _ a loading platform on' Salina Street, prescribing the conditions of such ~er- mlt and declaring an emergency.' Dated this 8th day of ,December, - 1937. " MAIZEWOOD 1NSULATION = COMPANY, by H, A. HAUPTLi, - President. Published officially in the ' Tele- - graph-Herald newspaper, Decembee = 10th; 1837,, - J. J, SHEA, . 12-10-1t City Cleric. Councilman ,Bennett moved the adoption of; th@ piYlinaner~, See- onded b~ `Conn. e7lman Murphy, Ctir- rled''.by the.,following vote; Yeas=Mayor Pro ' 'Tem 'Kane, Councilmen Bennett, Clark and Murphy. Nays-None. Absent-Mayor Chalmers. Ordinance No. 13-37. An ordi- nance amending Ordinance No. 10 -37 entitled: "An ordinance regu- lating 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 ordinances or parts of ordinances in conflict herewith; and providing a penalty for violar tion hereof" by amending Rule IVs. 93 of Paragraph 1309, Section 3,.re- lating to speed, said ordinance hav- ing been passed upon first and second readings on November 16th 1937, presented and read a third , , time, ~ y ! ' ORDINANCE N0. 13-37.. An ordinance amending Ordinance No. 10-37 eniitled: "An ordinance reg- ulating the use of vehicles upon the streets of the City of Dubuque; desig- nating the provisions hereof as th0 'Traffic Code' of said City;, repealing all ordinances or parts of ordinances in conflict herewith; and providing a penalty for vio]atinn' hereof" by amending Rule No. 93 of Paragraph 609, Section 3, relating to speed. Be it ordained by the City Council of the City of Dubuque: PARAGRAPH 620 Section 1. That Rule 93 of Parag;aph 609, Section 3, of ,an ordinance entitled: "Ordinance No. 10-37. An ordinance regulating the use of'velilcles upon the streets of the City of Dubuque; designating the provisions hereof as the Traffic Cade' of Bald City; repealing all ord[- nances or parts of ordinances in con- flict herewith; and providing a pen- alty for violation hereof" be and the same is hereby amended by adding thereto the following: "except, how- evet•, that a speed of 35 miles an hour may be maintained on U. S. Highway No. 61 from the south corporation line oP the City of Dubuque to the south line of Lot 2 of J. C. Scully'a Sub- diyision" so that sajd Rule, as thus, amended, will hei~e~fter read as fpl- lowai , "HUED (93) The driver of a motor vehicle shall ,drive the came at a careful pnd prudent speed not greater than nor less than is reasonable and proper, having due regard to'the traf--' fit, surface and width of the street and of„any other. conditions then existing; and no person shall drive any vehicle. upon a street at a speed great- er than will permit him to, bring it to, a atop within the assured clear distance ahead and in no event at a greater ep_eed than 20, miles an .hpur fn a , bysipeas ar 'school district or public park and 25 miles an hpur in a residence diskrlct, except, however, that a speed of 35 miles an hour may be maintained pn U.' S: Highway No. 61.1rom, the sout$ ,corporatioa ][ne of the Clty of Dubuque to the south line of, Lot 2 of, J, C.,-Scully's Sub- PR)3AG};APH 621. Section 2. Thla ordinance ahdll,,be to force and effect., ten (10) days from anQ after its,final passage, atipptign and approval by rho City Copncil,s'nd, publication as pm- vi'ded by law, haased upon first and second read-. ings this,l5th day of November ,1937. P~asep, ad,oQted and &P9rove~ upon ar Session, December 6th, 1937 289 final reading this 6th day of De- enclosures shall be so removed or cember, 1937. placed as not to obstruct the use of M. R. IfANE, the streets and alleys by the travel- 1tayor Pro Tem. ing public or be an interference with CARL A. CLARK, private property. GEO. R. MURPHY, (d) Any offal or filth deposited by A. M. BENNETT such livestock upon such streets and Councilmen ATTEST: J J SHEA alleys while passing over and across . , , City Clerk the same shall be promptly removed . Published officially in The Tele- therefrom by the owner of such live- stock and shall not be permitted to graph-Herald newspaper, llecember 10th 193'x. remain thereon to the annoyance, , ' J. J. SHEA, 12.10-1t discomfort or inconvenience of ad- jacent property owners or the general . City Clerk. public. Councilman 141urphy moved the PARAGRAPH 623, Section 2. Any adoption of the ordinance. Sec- person, firm or corporation violating onded by Councilman Clark, Car- any of the provisions hereof shall be Tied b the followinb' vote; Y fined not to exceed $100.00 ar impris- e oned not to exceed thirty (30) days Yeas-Mayor Pro Tem Kano, in jail. Councilmen Bennett, Clark and PARAGRAPH 624, Section 3, This ' Murphy, ordinance being deemed urgent and in Nays-None the interests of the public health, . Abssut-Mayor Chalmers. comfort and convenience shall be in force and effect from and after its Ordinance No, 14-37. An ol'di. final passage, adoption and approval nonce prohibiting the driving of by the City Council and publicatimr cattle, sheep and swine on foot as provided by law, passed upon first and second read- over and across the streets and ings this 15th day of November, 1937. alleys of the City of Dubuque ex- Passed, adopted and approved upon cept within prescribed areas theTe• final reading this 6th day of Decem- ber, 1937. of, defining the conditions under M, R, KANE, which such livestock may be driv- Mayor Pro Tem en aver Streets and alleys within CARL A. CLARK, such areas, and prescribing open- GEO. R. MURPHY, A. M. BENNETT, alty for the violation hereof, said Councilmen. ordinance having been passed upon Attest: J. J. SHEA, first and second readings Novem- Clerk. ber 15th, 1937,, presented and read Published officially in The Tele- graph-Herold newspaper, December a tlurd time. ~ loth, 1937. /~ ii ORDINANCE N0, 14-37. II I An ordinance Prohibiting the drlw J. J. SHEA, 12-10-1t City Clerk. U ~ g of cattle, sheep and swine on foot Councilman Bennett moved the over and across the streets and al- adoption of the• ordinance Sec- leys of the City of Dubuque except within the prescribed areas thereof, , onded by Councilman Murphy. Car- defining the conditions under which pied b y the following vote: such livestock may be driven over Yeas-Mayor Pro Tem Kane, streets and alleys within such areas, CoUncilinen Bennett Clark and and prescribing a penalty for the , Murphy violation hereof. Be it ORDAINED by the City , Nays-None. Council of the City of Dubuque: Absent-Mayor Chalmers. PARAGRAPH 622, Section 1. It proof oY publication certified to shall be unlawful for any person, firm or corporation to drive, or cause , by the , Publishers of a statement to be driven, cattle, sheep and swine of receipts and also a list of on foot aver and across the streets Claims for which Warrants were and alleys of the City of Dubuque except within ouch areas thereof drawn dllring the month of Octob- which are used for the purpose of er, 1937, presented and read. operating stockyards, slaughter hour- COUIICIIman Murphy moved t0 es and packing plants and, then only, Ceceive and file the proof of pub- subject to the following reatrictiana and ,regulations, to-wit; liCation. Seconded by Councilman (a) When such livestock is being Bennett, Carried b y th0 follow• driven through alleys, they must be' ing vote; so guarded by attendants or by Yeas-Mayor Pro Tem Kane fences or .enclosures as will prevent them from running or trespassing up- , Councilmen Bennett, Clark aIId on adjacent private property. Mllr h P Y• (b) When such livestook is being Nays-None, driven over and across the streets, they shall be so guarded by attend- Absent-Mayor Chalmers. ants or by fences or enclosures as proof of publication certified to will prevent them from running at by the publishers, oA the notice large into other streets, alleys, high- of a public hearing t0 be held upon ways or over and across publlp or private .property. a proposal to amend and' than e g (c) In driving such hvestook over the Zoning Map as the same ap- and across such streets and alleys, plies to the south 40 feet of Lots such streets and alleys shall not be 81 and 82 of Union Addition by obstructed thereby for a longer time than five (5) minutes in any one pe• changing from "Single-Family Res plod of operation, and after such ltve- idence District" 'to Local Business stock has passes, all snob foncea and District" presented and read. 290 Regular Session, December 6th, 1937 Councilman Clark moved to re- ceive and file the proof of pub- lication, Seconded by Councilman Murphy. Carried by the follow- ing vote; Yeas-Mayor Pro Teui Kane, Councilmen Bennett, Clark and Murphy, Nays-None. Absent-Mayor Chalmers. Council Proceedings for the month of October, 1937, present- ed for approval. Uouncilman Bennett moved that the Council Proceedings 1`ar the month of October, 1937, be ap- provsd as printed• Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Pro iem I{one, Coumcilmen Bemtett, Clark and Murphy. Nays-None. Absent-Mayor Chalmers. Report of the Board of IIealth for tike month of October, 1937, presented. Councilman Murphy moved that the report of the Board of IIealth for the month of October, 1937, be received and placed on file. Sec- onded by Councilman Clarlt. Car• Tied by the following vote; Yeas-Mayor Pro Tem Kane, Councilmen Bennett, Clark and Murphy. Nays-None. Absent-Mayor Chalmers. Communication of J, W Giellis, Chief of Police, certifying that Police Officer John Dolan was elect- ed by the members of the Dubuque Police Department to serve as a member of the Board of Trustees of the Police Retirement avd Pen- sion System, presented and read. Councilman Bennett move d that Police Officer John Dolan be appointed as a member of the Board of Trustees of the Police Retirement and Pension System for the term commencing April 1st, 1937, and ending April 1st, 1941. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Pro Tem Kane, Councilmen BennettA Clark and Murphy. Nays-None. Absent-Mayor Chalmers. Communication of Wm, L. Ryan, Chief, Aepartment of Fire, advis- ing that the members of the De- partment of Fire have selected Fireman Terrance Hanley to con- tinue as their representative as a member of the Board of Trustees of, the Firemen Retirement and Pension Syste7tr, presented and read. Councilman Bennett moved that Fireman Terrance Hanley be ap• pointed as a member of the Board of Trustees of the Firemen Rs= tirement and Pension System for the term commencing April 1st, 1937, and ending April 1st, 1941. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Pro Tem Kane, Councilmen Bennett, Clark and Murphy. Nays-None. Absent-Mayor Chalmers. November 17, 1937. To the Honorable Mayor and City Council. Gentlemen: The Planning and Zoning Commission held a special meeting November 16th to con- sider the petition of the Dubuque Packing Company referred to the Commission by action of the City Council iu session November 15, 1937. The Planning and Zoning Com= mission begs leave to recommend to the Honorable Mayor and City Council that the petition of Du- buque Paclting Company request- ing vacation of easterly 25 feet of Cedar Street for the entire dis- tance between 16th and 17th Streets and sale of such vacated portion to said Packing Company be granted upon such financial and other terms as the City Council may deem reasonable, the sense of the Commission being that the area proposed to be conveyed is practically equivalent to the area of sidewalks on both sides of Ce• dar Street which sidowalks have Hover been built nor needed. In this connection, the Planning and Zoning Commission also recom- mends the vacation of the side• walk along the west side of Cedar Street and reservation or dedica- tion of such sidewalk space exclu- sively for roadway purposes, Respectfully submitted, R• V. McKAY, Secretary, Dubuque Planning and Zoning Commission, ' Councilman Clark moved that the recommendation of thefPlan- rring and Zoning Commission be made a matter of record. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Pro Tem I{one, Councilmen Bennett, Clark, Murphy. Nays-None, Absent-Mayor Chalmers. December 3, 1937• To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have approved the following bonds and policies and, desire to Session, December 6th, 1937 291 have your approval on same for filing: EXCAVATION. Archie Levan, 2239 Central Ave• Hue; Policy No, LBI 1027, Eagle Indemnity Company. SIGNS. Roeh]•Phillips Furniture Co., 653 and 661 Main Street; Policy No. IHP 8630977, The Travelers Insur- ance Company. H. A. Engel (Engel Nash Com- pany), 13th and Iowa Streets; Policy No, 119101, Suburban Auto Insurance Compahy. Enzler Trunlt and Luggage Shoe, 567 Main Street; Policy No. PL 43161, Bituminous Casualty Corpor- ation. Bird Chevrolet Company. Signs at following locations: 6th and Iowa Streets and 588 Iowa Street, Policy No. CPW 416, Central Sur- ety and Insurance Corporation. Karl J. Page, 75 West Fourth Street; Policy No. GPL 107945, Massachusetts Bonding and Insur- ance Co. John Sclraetzle (Schaetzle Drug Store), 2162 Central Avenue; Pol- icy No. PL 43168, American Surety Company. Mid-Continent Petroleum Corpor- ation. Signs at following loca- tions: S, E, corner 2nd and Lo- cust Streets, S. E, corner Julien Avenue and Nevada Street, 1865 Central Avenue, 32nd and Central Avenue; Policy No. OLT 5314, Fireman's Fund Indemnity Co. L, L. Cor•yell and Son, 7th and Iowa Streets; Policy No. PL 43166, Bituminous Casualty Corporation. Central Battery and E l e c t r i c Company, S. W. corner 4th and Main Streets; Indemnity Insurance Co, of North America. L, R. Patch, Signs at following locations: Frank Sand, 22nd and Jackson Streets; Leisar & Kress, 13th and Central Avenue; Tom Wraggs, 332 West 8th Street; Rugh W. Buse, 2400 Central Ave- nue; Ray Nichs, 521 West 22nd Street; Frank Klein, 600 Central Avenue;. AI. Uppinghouse, 650 Lo- cust Street; L. J• Hesling, 1555 Central Avenue; Carl Moes, 698 Central Avenue; Geo. Miller,, 35 West 4th Street; Daniel McDon- ald, 216 West 1st Street; H, D. Brownell, 198 Main Street; Page Hotel, 75 East 4th Street; Payson Berg, 18th and Central Avenue; Mrs. Etta Tarkett, 500 Rhomberg Avenue; Arthur Norton, 336 Main Streot; Carl. J. Pinger, 127 West, 6th Street; Mrs. Cecelia Weber, 998 Central Avenue; M, J. Kalmes, 1085 Julien Avenue; Mrs. Elsie Recker, 428 West Locust Street, Policy No. 20GL1666, The Aetna Casualty and Surety Co. Zoller Brewing Company, Signs at following locations: Frank Reu- ter, 261G Windsor Avenue; Frank J. Weber, 189 Locust Street; Chas. Schneider, 543 8th Avenue; Walter Mengis, 1618 Central Avenue; Cos- ley Distrib. Co„ 141 Locust Street; Harry I{ing, 2385 Central Avenue; Wm. Cosley, 1121 Julien Avenue; Clarence Bueloty, 1555 So. Grand- view Avenue; Mrs. Anna Kirk- patric]t, 457 8th Avenue; Miller & Barrington, 231 West 1st Street; Marguerite O'Brien, 241 Main Street. Policy No. GL443507. Hartford Accident and Indemnity Co, B. & G. Battery & Electric Co., 1084-90 Iowa Street; Policy No, ML5119, The Ohio Casualty Insur- ance Co, Renier Building Fund, 531 Main Street; Policy No. IGB 3553, Stan- dard Accident Insurance Co. Kassler Motor Co., 5th and White Streets. Policy No. 260505, Hoosier Casualty Co. Orpheum Theatre, N. W, corner 4th and Main Streetse Policy No. GPL•107344, ,Massachusetts Bond- ing and Tnsurance Co, Hartig Drug Company, Inc. Signs• at following locations: 2376 Cen- tral Avenue and 97 Locust Street. Policy No, IOT 522, The Fidelity and Casualty Co. of N, Y. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Bennett moved that the bonds and policies be approved and placed on file. Seconded by Councilman Murphy, Carried by the following vote: Yeas-Mayor Pro Tem Kane; Councilmen Bennett, . Clark, Murphy, Nays-None. Absent-Mayor Chalmers. December 6, 1937. Po the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Tho three•year term rf Albert Wharton, member of the Dock Board, expired on November t6, 1937• It will be necessary that ;he Council appoint someone to fill he vacancy for athree-year. term o expire November 26, 1940. There exists a .vacancy oh the 3ecreation Commission due to. the 292 Regular Session, December 6th, 1937 ^ resignation of George Roepach for a term to expire July 10, 1940. Respectfully submitted, A. A, RHOMBERG, City Manager. Councilman Clark moved that Mr. Albert Wharton be reappoint- ed as ~a member of the Dock Board for a term of three-years, said term to expire November 26th, 1940. Seconded by Councilman Murphy. Carried by the following vote; Yeas-Mayor Pro Tem Kane, Councilmen Bennett, Clark, Murphy. Nays-None. Absent-Mayor Chalmers. December 6, 1937. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the regular meet- ing of the City Council held No• vember 1, 1937, I was directed to make a survey of the street signs in the City and embody the results of the survey in a report. There are 821 street intersec- tions that are open to traveh Of these 211 have signs of some sort, the majority being of the bracket type suspended on pales. The re- maining 610 street intersections have no signs of any kind. The accompanying list supplies the con• ditions at the various intera~~~ tions. _~ Respectfully submitted, A. A. RHOMBERG, City Manager. = Councilman Bennett moved that - the communication of City Man- ager Rhomberg be made a matter _ of record and that the City Man- ager be instructed to furnish each - member of the City Council with - a copy of his report of the survey, Seconded by Councilman Murphy. _ Carried by the following vote: Yeas-Mayor Pro •Tem Kane, • Councilmen Bennett, Clark, -_ Murphy. -_ Nays-None. Absent-Mayor Chalmers, - Resolution No. 135-37 Whereas, applications for Beer -_ Permits have been submitted to this Council for approval and the same have been examined: Now, - Therefore, Be It Resolved by the Council of - the 'City of Dubuque that hhe fol• Towing applicatlons be and the same are hereby approved and it is ordered that the promisee tb. be occupied by such applfcants i3hall be forthwith inspected. CLASS "B" PERMIT, Name. Address. Francis X. Page, 73 East 4th Street. CLASS "C" PERMIT. Name. Address, Harold Barrett, 257 Souther n Avenue. Passed, adopted and approved this 6th day of December, 1937. M. R. KANE, Mayor Pro Tem, CARL A. CLARK, GEO, R, MURPHY, A. M. BENNETT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Murphy moved the adoption of the resolution, Sec- onded by Councilman Clark. Car- ried by the following vote; Yeas-Mayor Pro Tem Kane, C o u n c i l m e n Bennett, Clark, Murphy. Nays-None. Absent-Mayor Chalmers, Resolution No. 136--37 Whereas, heretofore applications were filed by the within named applicants for Beer Permits and they received the approval of this Council; and Whereas, the premises to be oc- cupied by them have been inspect- ed and found to comply with the ordinances of this City and theq have Sled 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 persons a Beer Permit: CLASS "B" PERMIT. Name. Address. Wm. Barrington (Renewal), 260 West 1st Street, Rubeh J, GVeber (Renewal), 1543 Central Avenue. Fred J. Saeugling (Renewal), 2417 Rhomberg Avenue. Francis X. Page (New), 73 East 4th Street, CLASS "C" PERMIT. Name, Address. Harold Barrett, 267 S o u t h e r n Avenue. Be Tt Further Resolved that the bonds filed by such applioanta be and the same are hereby approved. Passsd, adopted and approved this 6th day of December, 1'937. M, R. KANE, Mayor Pro Tem, CARL A. CLARK, GEO. R MURPHY, A, M. BENNETT, 'Councilmen. Attest: r. J. SHEA, City Clerk. Regular Session, December 6th, 1937 293 Councilman Clary moved thf adoption of the resolution. 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. Ordinance No. 15-37. An ordin• ante amending and changing the Zoning Map of the City of Dubuque as provided for by Ordinance No, 3-34, designated "Zoning Ordin• ante of the City of Dubuque," so as to change to "Multiple Resi• dance District" certain defined ter- ritory now delimited as "Two- Family Residence District," and declaring an emergency, presented and read, Councilman Murphy moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Clark. Carried by the following vote: Yeas=Mayor Pro Tem Kane, Councilmen Bennett, Clark, Murphy, Nays-None, Absent-Mayor Chalmers, Councilman Murphy moved to suspend the rules requiring an or- dinance to be read on three sep- arate, days. Seconded by Council- man Clark. Carried by the follow- ing vote: Yeas-Mayor Pro Tem Kane, Councilmen Hennett, Clark, Murphy. Nays-None. Absent Mayor Chalmers. The ordinance was then read a second time. Councilman Murphy moved that the reading just had be considered the second reading of the ordin• ante, Seconded by Councilman Clark, Carried by the following vote: Yeas-Mayor Pro Tem Kane, Councilmen Bennett, Clark, Murphy. Nays-None. Absent-Mayor Chalmers. Ordinance No. 16-37. An ordin- ante amending and changing the Zoning Map of the City of Dubuque as provided by Ordinanoe No; 3- 34, designated "Zoning Ordinance of the City of Dubuque" so as to change to "Local Business Dis- trict'' certain defined territory now delimited as "Single•Family Resi= dente District," and declaring an emergency, 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 vote; Fees-Maycr Pro Tem Kane, C. o u n c i l m e n Bennett,. Clark, Murphy. Nays-None. Absent-Mayor Chalmers, Councilman Bennett moved to suspend the rules requiring an or- dinance to be read on three sep• orate days, Seconded by Council- man Clark, Carried by the follow ing vote: Yeas-Mayor Pro Tem Kane, Councilmen Bennett, Clark, Murphy, Nays-None. Absent-Mayor Chalmers, The ordinance was then read a second time. Councilman Bennett moved that the reading just had be considered the second reading of th@ ordin- once. Seconded by Councilman Clark, Carried by the following vote: Yeas-Mayor Pro Tem Dane, Councilmen Bennett, Clark, Murphy, Nays-None, Absent-Mayor Chalmers. Ordinance No. 17-37. An ordin- ance granting to Dubuque Packing Company, its successors and a~- signs,, the right to construct and maintain an unloading platform on Sycamore Street; prescribing the conditions of such permit, present- ed and read. Councilman Bennett moved that the reading just had be considered the first reading 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. Councilman Bennett moved to suspend the rules requiring an or- dinance to be read an three sep- arate days.. Seconded by Council- man Murphy. Carried by the fol- lowing vote; Yeas-Mayor Pro Tem Kane, o u n c i 1 m e n Bennett, Clark, Yfurphy. Nays-None. Absent-Mayor Chalmers, The ordinance was then read a second time. Councilman Bennett moved that he reading just had be coneid- ;red the second reading oP the or- linance, Seconded by Councilman Rurphy. Carried by the fallowing ate: Yeas=Mayor Fro Tem Kane, 294 Regular Session, December 6th, 1937 Councilmen Bennett; Clarlt,• Murphy. Nays-None. Absent-Mayor Chalmers~ Ordinance No. 18-37. An ordin- ance granting to William J• Can- field, Sr., and William J. Canfield, Jr., their successors and assigns, the right to construct and main- tain a canopy over the sidewalk abutting City I,ot 523A in the City of Dubuque and prescribing the conditions of such permit, pre- sented and read- Councilman Murphy moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Clarlt. Carried by the following vote; Yeas-Mayor Pro Tem Kane, Councilmen Bennett, Clark, Murphy. Nays-None. Absent-Mayor Chalmers. Councilman Murphy moved to suspend the rules requiring an or- dinauce to be read on three sep- arate days. Seconded by Council- man Clark. Carried by the follow- ing vote: Yeas-Mayor Pro Tem Kane, C o u n t 11 m e n Bennett, Clarlt, lllurphy. Nays-None, Absent-Mayor Chalmers, The ordinance was then read a second time. Councilman Murphy moved that the reading just had be considered the second reading of the ordin- ance. Seconded by Councilman Clarlt Carried by the following vote: Yeas-Mayor Pro Tem Kane, Councilmen Bennett, Clarlt, Murphy- Nays-None. Absent-Mayor Chalmers. The following decisions of the City Council relative to various tax petitions requesting exemption and suspension of taxes presented for Council approval: Mrs. Irene Spie- gelhalter requesting exemption of the 1936 taxes on Lot 2 of Sub, 108, Cax's Addition, request for exemp- tion denied but a s u a p e.n s i o n granted; Franlt Seeley requesting suspension of the 1936 taxes on Lots 11 and 12 oP Bloclt 5 oP Grandview Park Addition, request granted; Mrs. Mary Nichs request- ing suspension of the 1936 taxes on the N, 1/z of S. M. 1-5 of City Lot 487 and the S. t/z of M. 1.5 of City Lot 487, request granted; Gertrude Waldorf requesting suspension of the 1936 taxes oti Lot 81 of L, H. Lang~vorthy's Addition, r e q u e s t granted. Councilma^ Murphy moved that the decisions of the City Council on the various tax petitions be ap- proved and that the Board of Su• pervisors be notified of the action of the City Council. Seconded by Councilman Bennett. Carried by the following vote: • Yeas-Mayor Pro Tem Kane, Councilmen Bennett, Clark, Murphy. Nays-None. Absent-Mayor Chalmers~ Councilman Clark moved that the request of Wm. II. Meurer for a refund on penalty charges paid on delinquent special assessments levied against Lot 5 of Brewery Addition, Fund No. 917, be granted and that a warrant in the amount of $103.68 be ordered drawn on the Special Bonded Fund in favor of Wm, II. Meurer to cover the amount of refund grouted. Second- ed by Councilman Murphy. Car- ried by the following vote: Yeas-Mayor Pro Tem I{one, Councilmen Bennett, Clarlt, Murphy. Nays-None. Absent-Mayor Chalmers. Councilman Clark moved that the request of Wm. H. Meurer for a refund on penalty charges paid on delinquent special assessments levied against Lots 3, 4, the N. r/z of Lot 5, the N. 1/z of Lot 6, the N. ~/z of Lot 7 of Schaffner's Sub• division, Fund No. 917, be granted and that a warrant in the amount of $88.93 be ordered drawn on the Special Bonded Fund in favor of Wm. H• Meurer to cover the amount of refund granted. Second- ed by Councilman Murphy. Car- ried by the following vote: Yeas-Mayor Pro Tem Kane, Councilmen Bennett, Clarlt, Murphy. Nays-None. Absent-Mayor Cha]mers. Councilman Clarlt moved that the City Treasurer be authorized to redeem Lots 2, 3, 4, 5 and 6 of Mill's West Dubuque A d d i t i o n when the City of Dubuque acquires title to said lots. Seconded by Councilman Murphy. Carried by the foilotving vote: Yeas-Mayor Pro Tem Kane, Councilmen Bennett, Clark, Murphy. Nays-None, Absent-Mayor Chalmers. There being no further business, Councilman Murphy moved to ad- ecial Session, December 6th, 1937 295 journ. Seconded by Councilman Clark. Carried by the following vote: Yeas-Mayor Pro Tem Kane, Councilmen Bennett, Clarlt, Murphy. Nays-None, Absent-Mayor Chalmers. J. J. SHEA, City Clerlc. Approved ..................................1938. Adopted ................................•.....1938. Councilmen Attest : .................................................. City Clerk. hoard of Health (Official) Special Session, December 6th, 1937. Board met at 10:15 P, M. Present-Chairman Pt•o Tem M. R. Kane, Messrs A. M. Bennett, Carl A. Clark, Geo. R. Murphyi. Absent-Chairman John K. Chal• mers• Mr. Carl A. Clark moved that Mrs, Mary F, Doyle be granted an extension of time till. April 1st, 1938, for the making of sanitary connections to the North y3 of City Lot 554 and Lot 2 of City Lot 555 and Lot 4 of City Lot 565. Sec• onded by Mr. A. M. Bennett. Car• vied by the following vote: Ysas-Chairman Pro Tem M. R. Kane, Messrs A. M. Bennett, Carl A. Clark, Geo• R. Murphy. Nays=None. Absent-Chairman John K. Chal- mers, Resolution and Order of the Board of Health of the City of Dubuque. Resolution No. 137-37. Whereas, Anna Heinz is the own- er of Lot 232, Woodlawn Parli Ad- dition to the City of Dubuque (oth- erwise described as 1705 North Al- gona Street, Dubuque, IoNa); and Whereas, there is located there- on abuilding or buildings which are used as a stable or barn for the housing of a horse, junk, old lumber and other materials, said structures being situated within 60 feet of the residence on said lot and within 75 feet of adjoining residences, contrary to and in vio• lotion of the Zoning Ordinance of the City of Dubuque; and Whereas, the premises upon which such barns and. residences are located are maintained in a filthy and unsanitary condition; offensive and noxious odors are cre• afed thereby; manure, junk and old lumber are deposited thereon, forming breeding places for rats which overrun such premises; and such premises are so kept and maintained as to cause annoyance to the adjoining neighborhood and a menace to public health; and Whereas, due to the aforesaid conditions, such premises, as now maintained, constitute a nuisance and must be abated; 'Now, there- fore, Be it resolved and ordered Uy the Board of Health of the City of Dltbuque that the nuisance exist- 296 Special Session, becembet• 6th, 1937 ing and created as stated in the preamble hereof be and the same is hereby ordered abated. Be it, further, resolved that said Anna Heinz, the owner of the premises upon which such nuisance is being maintained, be and she is hereby ordered tc discontinue the keeping of a horse upon said premises within the barn or barns located thereon and to remove from said lot all junk, manure, old lumber and filth creating such nuis• ante; to clean up said premises and exterminate all rata therefrom; and to take such other and further means to render said premises free from such nuisance as may be rea- sonably necessary in the opinion of the Health Director and Sani• tart' Officer of the City of Dubuque. Be it further resolved that the removal and abatement of the nuis• ante existing and created, as afore- said, be done and completed on or before January 1, 1938, and if said Anna Heinz should fail or refuse to comply with this resolution and order of the Board of Health and should refuse and fail to abate said nuisance, that her failure fo com• ply with this resolution and order be reported to tfiis Board of Health by the Health Director for further appropriate action, including the abatement of said nuisance and the prosecution for violation of this resolution and order. Be it further resolved that the Health Director be and he is here- by ordered to give a written notice of this action of the Board of Health to said Anna He[nz and ac• company such notice with a copy 01 this resolution. Passed, adopted and approved this 6th day of December, 1937. M. R. KANE, Mayor Pro- Tem, Attest: J. J. SHEA,, Clerk. Mr, Carl A. Clark moved the ad• option of the resolution. Se~cand• ed by Mr. Geo. R. Murphy. Car• ried by the following vote: Yeas-Chairman Pro Tem M. R. Kane, Messrs A. M. Bennett, Carl A. Clark, Geo• R. Murply. Nays-None. Absent-Chairman John K. Chal• mere. 'Phere being no further business Mr. Carl A. Clark moved to ad- juurn. Seconded by Mr. Geo. R. Murphy. Carried by the following vote: Kane,. Mesas A.. M. Bennett, Carl A. Clark, Geo. R. Mnrphy, Nays-None. Absent-Chairman ~'ohn K. Chal- mers. 1 J. J. SH)11A, Clark, Board of Health. Approved ..............•........,..........1938. Adopted •..• ................................1938. Members of Board of ...........•.•....••....•...•..•.••.•.... Health Attest: •...•.•••.....•.....•.....•......••....•....•.. Clerk, Board o! Healtli. Yeas-Chairman Pro Tem M, R. Special Session, December 20th, 1937 297 CI~~- C0~ltlCll (Official) Special Session, December 20th, 1937. Council met at 4:36 P. M. Present-Mayor Chalmers, Coun• cilmeu Bennett, Clark, Murphy and City Manager Rhomberg. Absent-Councilman Kane. Meeting called by order of May- or Chalmers and Councilman Clark. Mayor Chalmers read the call and stated that service thereof had been duly made and that this meet- ing is called for the purpose of ap• proving applications for Class °B" beer permits and acting on any other business as may properly come before a regular meeting of the City Council. Original Notice of Suit of Lucile McAlcon, Plaintiff, VS. City of Du- buque, A Municipal Corporation, Defendant, in the amount of $1,000.00 for personal injuries re- ceived by reason of a fall upon the sidewalk in front of the entrance described as No. 498 Main Street, presented and read. Councilman Bennett moved to re- fer the Original Notice of Suit to the City Solicitor. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Clark, Murphy. Nays-None. Absent-Councilman Kane. Notice of Claim of Alma Bau• mann in the amount of $7,500.00 far personal injuries received by 8 reason of a fall upon an icy side- walk in front of the property known as 105 West 13th Street, pre- seuted and read. Councilman Bennett moved to re- fer the Notice of Claim to the City i Solicitor. Seconded by Councilman 1 Murphy, Carried by the following 40t0: Yeas-Mayor Chalmers, Council• men Bennett, Clark, Murphy. Nays-None. Absent-Councilman Kane. Communication of P, S, Fawkes tendering his resignation as a mem- I ber of Board of Dock Commission- era to take effect at once; present- ed and read. Councilman Bennett moved that the resignation be accepted with regret. Seconded by Councilman '' Clark, Carried by the following vote: Yeas-Mayor Chalmers, Council• men Bennett, Clark, Murphy. Nags-None. Absent Councilman Kane. Petition of Vern Okey requestfng a refund on his cigarette permit as ho has sold his tavern located at 521 )last 22nd Street and discon- tinued the sale of cigarettes,, pre- ~a„roa ~,,,~ ,ova Councilman Bennett moved that the request be granted and that a warrant iu the amount of $50.00 be ordered drawn on the City Treasurer in favor of Vern Okey to cover the amount of refund granted on his cigarette permit, Seconded by Councilman Clark. Carried by the following vote: Yeas-Mayor Chalmers, Counci]< men Bennett, Clark, Murphy. Nays-None. Absent-Councilman Kane, Petition of Andrew Fondell, et al, requesting that a sanitary sswer be constructed on Skiras Avenue, presented and read. Councilman Clark moved to re- fer the petition to the City P~9an- ager for investigation and report. Seconded by Councilman Bennett. Carried by tho following vote: Yeas-Mayor Chalmers, Council- men Bennett, Clark, Murphy, Nays-None. Absent-Councilman Kane. . Petition of Victor W. Nelson re- questing arefund in the amount of $36.47 for interest, penalties and costs paid on delinquent special as- sessments levied against Lot 88 in Finley, Waples & Burton's Addi- tion, Fund No. 903, presented and read. Councilman Clark inoved that Victor W. Nelson be granted a re- fund in the amount of $27.63 on penalty charges paid on delinquent special assessments levied against Lot 88 in Finley, Waples & Bur- ton's Addition, Fund No. 903, and that a warrant in the amount of $27.53 b6 ordered drawn on the Special Bonded Fund in favor of Victor W Nelson to cover the amount of refund granted. Second- ed by Councilman Murply, Car- ried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Clark, Murphy. Nays-None. Absent-Councilman Kane. Ordinance No. 19-37 An ordinance amending an ordi• Hance entitled: "An ordinance ea- tablishing aBuilding Code for the City oY Dubuque; creating the office of Building Commissioner, fixing the salary of said officer and defining the powers and duties of such Building Commissioner, and prescribing penalties for violation thereof;' by repealing Section 639 relating to the location of heating plants in theaters, and enacting a substitute therefor, ,and declaring an emergency, presented and read. i 298 Spet:ial Session, December 20th; 1937 Councilman Murphy moved that the reading just .had be considered' the first reading of the ordinance, Seconded by Councilman Bennett. Carried by the following vote: YEas-Mayor Chalmers; Cnnncil• men Bennett;' Clark, Murphy. Nays-None. Absent-Councilman Kane. Mayor'Chglnters not voting- , Petition of Security Building ', Company requesting permission to build a loading platform in the al- ley at the rear of their building, presented and read. Councilman Clark moved that the request be granted and that the City Solicitor be instructed to prepare an ordinance coveting the construction of said platform, Sec- onded by Councilman Murphy. Car- ried by the- following vote: Yeas-Mayor Ch.thi~ere, Council- men Bennett, Clark, Murphy. Nays-None. Absent-Councilman Kane. Petition of Harry Schiltz request- ing the cancellation of interest and penalty on delinquent special as- sessments levied against Lots 5 and 8 of 1 of 7 of Bonson & Stew- art's Subdivision, Fttnd No. 874, pre• seated and read. Councilman Murphy moved that Harry Schiltz be granted permis- sion to pay the principal of the delinquent special assessments, plus 5% interest pet' annum and advertising costs, the balance of interest and penalties to be waived, levied against Lots 5 and 8 of 1 of 7 of Bonson & Stewat•t's Sub• division, Fund No. 874, and the County Treasurer to be instructed accordingly. Seconded by Council• man Bennett. Carried by the fol- lowing vote: Yeas-Mayor Chalmers, Council- men Bestnett, Clark, Murphy. Nays-None. Absent-Councilman Kane. Petition of Harry Schiltz request- ing refund of interest and penalty charges paid on delinquent special assessments levied against Lot 1 of ByrnE Sub. No. 2, Funds No. S72 and 877,, presented and read. Councilman Bennett moved that Harry Schiltz be granted a refund in the amount of $21,04 on penalty charges paid' on delinquent special assessments levied against Lot 1 of Byrne Sub. No: 2, Fund No., 872 and that a warrant in the amount of $21.04 be ordered drawn on the Special Bonded Fund, No, 872 in favor of Harry Schiltz tq cover the amount of refund granted ,and also that Harry .Schiltz be granted a refund in the amount of $6.00 on ps~nalty charges paid on delinquent special .assessments ,levied against Lot 1 of Byrne Sub. No. 2; Fund Nq.'B77~and that a' warrant in the amount of $6.Op aie. ordered dra'Wn on the Special Bonded Fund, No. 877 in favor of Harry Schiltz to cover the amount of refund gralit- ed, Seconded by Councilman Mur• phy. Carried by the following vote: Yeas=Mayor Chahtiers, Council- men Benhett,, Clark, Murphy. Nays-None. Absent-Councilman Kane. Petition of Enioi•y F, Healy, re- ferred to the City Council by the Board of Supervisors, requesting suspension of the 1936 taxes on Lot 109 McCraney's 1st Addition, pre- seated and read. Councilman Bennett moved to re- fer the petition to the City Solic- itor for investigation and repot•t. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Clark, Murphy. Nays-None, Absent-Councilman Kane. Ordinance No. 15-37 An ordinance amending and changing the Zoning Map of the City of Dubuque as provided for by Ordinance- No. 3-34, designated "Zoning Ordinance of the City of Dubuque," so as to change to "Mul• tiple Residence District" certain defined territory now delimited as "Two•Family Residence District" and declaring an emergency, said ordinance having been passed upon and first and second readings on December 6th, 1937, presented and read a third time, ORDINANCE N0. 15-37. An ordinance amending and chang- ing the Zoning Map of the City of Dubuque as provided for by Ordi- nance No. 3-34. designated "Zoning Ordinance of the City of Dubuque." so as to change to "N[ultlple Resi- dence District' certain defined ter- ritory now delimited as "Two-Family Residence District," and declaring an emergency. WHEREAS, it is deemed advisable by this Cottncil to amend the 7,on- ing Map of the City of Dubuque as provided for by Ordinance No. 3-34. designated as 'Zoning Ordinance of the City of Dubuque," so as to change. to "Multiple Residence Dis- trict" certain defined territory now delimited as "Two-Family Residence District: and WHEREAS. notice of such proposed change has been published as pro- vided by law and an opportunity has been afforded to all interested par- ti8s to object thereto at a pahlic meeting held on November 15, 1937; and. WHEREAS, no ohjeAtions have been fled to the'nropased changes; NOW, THEREFORE, Be .it ordained by the Council of the City of Dubumte: PARAGRAPH G25. Section 1. That the Zoning Map be and the same is hereby amended and changed as fol- lgws: by chanvin~ fmm Twn-Fam- ily Residence District" -td "Multiple ial~~~ 'Session, Decemb~er,20Eh; ~ 1937 ;299 Residence District" all df the. lots, lands, ,and. parcels of -real estate ly, ink within an area Bounded on tlio south by the center 'line of West 3rd Street; on the norhh; by' the center line o[ Wesl 5th Street; qn the .east,,, by the center line of .Bluff Street; and on the 'west, by the cen- ter line of Parch Street. PARAGRAPH 620. Section 2: This m•dinance being deemed urgent and of immediate neressity. sfiall be in force and effect from and after its flpa] passage, adoption and ap- proval by the City Council and pub- lication as provided by law, ings this Otlindays of tDecembe •, r1937. Passed, adopted and approved this 20th day of December, 1937, JOHN Ii, CHALMEP,S, Pdayor. CARL A, CLAR?~. GEO. R, MURPHY, A. M. BENNETT, Councilmen, Attest: J. ,7. SIiEA, Published offl iaP Clerlc. graph-Herald newspaper, December 22nd, 1937 J. J. SHEA, 12-22-1t. City Clerlc. Councilman Clark uloved tho ad- option of the otdinance. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Chalmers, Ceuncil- men Bennett, Clark, Murphy, Nays-None, Absent-Councilman Kane. Ordinance No. 16-37 An ordinance amending ,and ' changing the Zoning Map of the, City of Dubuque as provided by Ordinance No. 3-34, designated "Zoning Ordinance of the City of Dubuque," so as to change, to "Lo• cal BU91ne53 District" certain de-' fined territory now delimited as "Single-Family Residenco' District," and declaring an emergency, said ordinance having been passed up- on first and second readings on December 6th, 1937, presented and e~a a third time. ~~ ORDINANCE N0. 16-37 ordinance amending and chang- ing the Zoning Map of the City of Dubuque as provided by Ordinance No. 3.=34, designated "Zoning Ordi- nance of the City of Dubuque," so as to change to 'Local Business Dis- trict" certain defined territory now delimited as "Single-Family Residence 'District," 'and declaring an emerg- ency. WHEREAS, it is deemed advisable ,bY this Council to amend,the Zoning Map of the City of Dubuque, as prq- vided by Ordinance No, 3-34 desig- nat,ed as Z'dnin~ Ordinance of the City of Dubuque' so as to"change to 'Local $usiness District" certain .defined territgry now delimited as and gle-Family Residence District"; WHEREAS, notice of such proposed change had been ,published as pro- 1•ided by law and an opportunity has been afforded to all interested parties to object thereto at a,publie.meeting held on December 6, 1937; and WHEREAS, , no } ohjegtions... have. been filed to,tfle pFopoaed changes; NOW, THEREFORE, Be it ordained by the';Copncil ,of the i,'it¢ of Dubuque: PARAGRAPH 627 Segtion 1: ,That the Zoning Map be and the same is hereby amended and changed as foI- lows: by changing fl'0111 "Single- Family Residence District" to "Taocal Business District" the south 40 feet of Lots 91 and 82 of Union Addition to the City, of Dubuque. PARAGRAPH 629 Section.2. Th1s ordinance being deemed urgent and of immediate necessity shall be in force and effect from and aft¢r its final passage, adgption and approval by the City Council and 'publication as provided by law. 4ngs sthis 6phttdalys of Dqcember, r1937. Passed, adapted and apprbved this 20th, day of December, 1937. John K. Chahi~ers, Mayor. Carl A. Clark, Geo R. Murphy. A, M. Bennett; ATTEST: ,7. J. Shea, Councilmen, Published officiallytyin 1 The Tele- graph-Herald newspaper, 'December 22nd., 1937, 12-22-1t. J. 7. Shea. City Clerlc. Councilman Murphy moved the adoption of the ordinance. ,Second- ed by Councilman Clark. Carried by the following' vote: Yeas-Mayor Chalmers, Council- men Bennett, Clark, Murphy, Nays-None. Absent-Councilman Kane, Ordinance No. 17-37 An ordinance granting to Du- buquE• Packing Company, its suc- cessors and assigns, the right to construct and maintain an unload- ing platform on Sycamore Street; prescribing the conditions of ouch pet•Init, said ordinance having been passed upon first and second read- ings on December 6th, 1937, pre• seated and read a third time. ORDINANCE N0. 177, ~I~ An ordinance granting to Dubuque V Packing Company, its successmrs and assigns, the right to construct and maintain an unloading platform on Sycamore Street; prescribing the con- ditions of such perm[t. Be it ordained by the City Council of the City of Dubuque: PARAGRAPH 629, Section 1, Tltat the Dubuque Packing Company, its successors and assigns, be and it is hereby granted the right and au- thority to construct and maintain an unloading platform on Sycamore Street abutting, Lots 425,. 426 and 427 in East Dubuque Addition Nq, 2, such unloading platform to be 12 feet wide and extending the full width cf'said lots, the same to- be ii4ed in `connec- ' lion with the operation of the busi- aces of said company, said structure to he built under. the supervision of the Building Commissioner oP the City of Ditlinnue. , PARAGRAPH 030; Section. 2. it Is understood and nrpvided that sorb rteht, ]irensq and permission to use such sheet i5 subject to the continuous control of tlie•City~Cburi- 300 Special Session, December 20th, 1937 •cil of this City, reserving the right to impose restrictions or conditions upon the enjoyment thereof as may be reasonably necessary for the protec- tion of the public interests, including the right to revoke and rescind such permisslon tf at any time the public interest should require such revoca- tion. If and when such permit, right and license is revolted by the Coun- cil, said Dubuque Packing Company, its successors and assigns, Shall re- move such unloading platform at its oavn expense and restore such part of the street as has been occupi,erl .thereby to the same condition it was in prior to the constructioq of such platform. PARAGRAPH 031, Section 3. This ordinance shall be in farce and effect ten (10) days from and after its final passage, adoption and approval by the City Council and publication as pro- vided by law and the rights hereunder shall accrue to said Dubuque Pack- ing Company, its successors and as- signs, when the provisions hereof shall have been accepted by said company. Passed upon first and second read- ings this 6th day of December, 1937. Passed, adopted and approved upon final reading this 20th day of De- cember, 1937. JOHN K. CHALMERS, Mayor, CARL A, CLARK, GEC. R. MURPHY, A, M, BENNETT, Councilmen. Attest: J, J. SHEA, City Clerlt, ACCEPTANCE BY DUBUQUE PACKING COMPANY, The Dubuque Packing Company does hereby accept the terms, provi- sions and conditions of the ordinance adopted by the City Council of the City of Dubuque designated as "Ordi- nance No, 17-37. An ordinance granting to Dubuque Packing Com- pany, its successors and assigns, the right to construct and maintain an unloading platform on Sycamore Street; prescribing the conditions of such permit" this 21st day of Decem- ber, 1937. DUBUQUE PACKING COMPANY, By H, W. WAHLERT, President, Published officially in The Tele- graph-Herald newspaper, December 22nd, 1937: J, J. SHEA, 12-22.1t, City Clerk. Councilman Clark moved the ad- option of the ordinance. Second- ed by Councilman Bennett• Car- ried by the following vote; Xeas-Mayor C)almers, Council- man Bennett, Clark, Murphy. Nays-None. Absent-Councilman Kane. Ordinance No. 18-37 n ordinance granting to Wil- liam J. Canfield, Sr., and 'William J. Canfield, Jr„ their successors and assigna,,the right to construct and maintain a canopy over the sidewalk abutting City Lot 623A in the City of Dubuque and preacrib• ing the conditions of such permit, said ordinance having been passed tpon first and second readings on )ecember 6th, 1937, presented and 'cad a third time. ORDINANCE N0, 18-37 An ordinance granting to William 1, Canfield, Sr., and William J. Can- field, Jr., their successors and as- ~igns, the right to construct and maintain a canopy over the side- walk abutting city lot 523A in the City of Dubuque and prescribing the conditions of such permit. Be it ordained by the City Council of the City of Dubuque: PARAGRAPH 632 Section 1 That William J. Canfield, Sr., and William J. Canfield, Jr„ their successors and assigns, be and they are hereby grant- ed the right and authority to con- struct and maintain a canopy over the sidewalk abutting city lot 523A, the same to be attached to the build- ing located upon said lot and con- structed over the entrance to the hotel located thereon, said canopy to be built under the supervision of the Building Commissioner of the City of Dubuque. PARAGRAPH 633 Section 2. It is understood and provided that such right, license and permission is sub- ject to the continuous contrreserving City Council of this City, the right to impose restrictions or conditions upon the enjoyment there- of as may be reasonably necessary for the protection of the public interests, including the right to revoke and re- scind such permission if at any time the public interests should require such revocation. If and when such permit, right and license is revoked by the Council, said William J. Canfield, Sr., and tiVilliam J. Canfield, Jr„ their successors and assigns, shall re- move such canopy at their own ex- pense and restore such .part of the Sidewalk as has been occupied there- by to the same condition it was in prior to the construction of such canopy. PARAGRAPH 634 Section 3, This ordinance shall be in farce and effect ten (10) days from and after its final passage, adoption and approval by the City Council and publication as provided by law and the rights here- under shall accrue to said William J. Canfield, Sr., and William J. Canfield, Jr„ their successors and assigns, when the provisions hereof shall have been accepted by them. Passed upon first and second readings this 6th. day of December, 1937. Passed, adopted and approved upgn final reading this 20th day of Decem- ber, 1937, John K, Chalmers, Mayor. Car] A. Clark, Geo, R. Murphy, A. M. Bennett, Councilmen. Attest: J. J. Shea, City Clerk, ACCEPTANCE BY WILLIAM J. CANFIELD, SR., and WILLIAM J. CANFIELD, JR. William J. Canfield, Sr., and, WIl- 11am J. Canfield, Jr„ do hereby ac- cept the terms, provisions and b0n- ditiens of the ordinance adopted by the City Council of the City of Du- buque designated as "Ordinance Na, 18-37. An ordinance granting to William J: Canfield, Sr., and William J. Canfield, Jr., their successors and assigns, the right to construct and maintain a canopy over the sidewalk abutting city lot 523A in the City of Dubuque and prescribing the condi- Special Session, December 20th,. 1937 301 tions of such permit" this 21st day o: December, 1937. Wm. J. Canfield, Si•, Wm. J. Canfield, Jr. Published officially in The Tele• graph-Herald newspaper, December 22nd., 1937, 12-22-1t. J. J. Shea, City Clerk Councilman Bennett moved tht adoption of the ordinance. Second ed by Councilman Murphy, Car ried by the following vote: Yeas-Mayor Chalmers, Council men Bennett, Clark, Murphy, Nays-None. Absent-Councilman I{one. Communication of Wm. L. Ryan; Chief, Department of Fire,, request fng that the matter of outside ser vice of the Fire Equipment and City Ambulance be given consider• ation by the City Council and that instructions be given on ho~v to proceed in the future with such service, presented and read. Councilman Clark moved that the City Manager, Chief of Fire Department and City Solicitor be instructed to prepare a ss•t of rules regulating the use of Fira Equip- ment and City Ambulance outside of the City Limits and that the Chief of the Fire Department be instructed to discontinue the send- ing of Fire Equipment outside of the City Limits, except in the case of an institution, until said rules are prepared and approved. Sec- onded by Councilman Bennett. Car- ried by th6 following vote: Yeas-Mayor Chalmers, Council- men Bennett, Clark, Murphy, Nays-None. Absent-Councilman Kane. Decemher 15, 1937. Honorable Mayor and City Council,, Dubuque, Iowa. Gentlemen: At a regular meet- ing of the Playground and Recrea- tion Commission held last evening the director of recreation was auth- orized to inform the City Council that the Recreation Commission recommends the appointment of Mr, Herbert J. Neenah, 510 South Grandview Avenue to fill the va- cancy caused by the resignation of Mr. George J. Roapsch. Sincerely yours,, CARL GRABOW, Recreational Director, Councilman Clark moved that the communication of the Recre- ational Director be made a matter of record. Seconded by Councilman Bennett. Carried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Clark, Murphy, Nays-Nona. Absent-Councilman Kane, Councilman Clark moved that Mr. Herbert J. Neenah ba appoint• ed as a member of the Playground and Recreation Commission to fill the unaxpired term of Georga J. Roepsch, who recently resigned, said term ending July 10th, 1940. Seconded by Councilman Bennett. Carried by the following vote: Yeas-Mayor Chalmers, Council• men Bennett, Clark, Murphy. Nays-None. Absent-Councilman Kane. • December 8, 1937. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlamen: I am submitting herewith reports of the City Audi- tor, City Treasurer and City Water Department for the month of No• vember, 1937, also list of claims and list of payrolls far which war- rants wera drawn during the month of November, 1937. Resps~ctfully submitted, A. A. RHOMBERG, City Manager. Councilman Clark moved that the reports be received and placed on file. Seconded by Councilman Murphy, Carried by the following Vote: Yeas-Mayor Chalmers, Council- men Bennett, Clark, Murphy, Nays-None. Absent-Councilman Kane. December 20,, 1937. To the Honorable Mayor and City Council, Gentlemen: This is to advise that I lava approved the follow- ing policies and desire to have your approval on same for filing: EXCAVATION Frank G. Braconier, 1091 Julien Avenue-Policy No. YE 3327, Lon- lon Guarantee & Accident Co„ Ltd, SIGNS Ray W. Edwards (Crescent Sweet Shop), 1048 Main Stl'eet-Policy Vo. 19933, Employers Mutual Cas• salty Co, Palace Theatre, 606 Main Street -Policy No. PL 53184, Bituminous Casualty Corporation. Singer Sewing Machine Co., 585 4lain Street-Policy No. PL 43171, 3ituminous Casualty Corporation. Charles Landon, 245 West 8th street-Policy No, 0. L. & T, 202168, Continental Casualty Co. Appel-Higley Electric Co., 962 Rain Street-Policy No. GPL 07988, Massachusetts Bonding & ns. Co. Mary Coates (Coates Beauty .hop), 1324 Central Avenue-Pol- ;y No. ILO 55792, Great American ndemnity Co. Wm. Schaffhausen (St. George fatal), 676 Central Avenue^Pol- :y No, I07' 1435, The Fidelity & 'asualty Co, 302 Special Session, December 20th, 1937 - Louis Rotman (Dubuque Auto Exchange & Salvage Co.), 301-335 Iowa Street-Policy No• GL 3410, The Hoosier Casualty Co. De Maio Bras., 625 Main Street, Policy No. ILO 55785, Great Amer- ican Indemnity Co, Tri•State Advertising Service, Inc., signs at the following loca- tions: Dr. C. E. Rivers, 718 Main Street; Coney Island Lunch, 720 Main Street-Policy No. OLT 5326, Fireman's Fund Indemnity Co. Barnsdall Refining Corporation, signs at following locations; Theis• en Battery Co., 330 8th4t St eet Barnsdall Refining Corp., Extension; Grandview Service Star tion, Grandview and Dhhand Cen- dall Refining Corp., tral Avenue; Barnsdall Refining Carp., 14th and Jackson Streats; Gibson Service Station, Asbury Road-Policy No. ILO 55793, Great American Indemnity Co. John C. Beck, 1501 Central Avenue-Bond No. 94059 Western Surety Co. Respectfully aubmitted, A. A. Rhomberg, City Manager, Councilman Clarli moved that the bonds and policies be approved and p]•aced on filE. Seconded by Councilman Murphy Carried by the following votE: Yeas-Mayor Chalmers, Council- men Bennett, Clark, Murphy. Nays-None. Absent-Councilman Kane. Resolution No. 138-37 Whereas, applications for "B" Beer Permits have been submitted tc this Council for approval and the same have been examined: Now, therefore, Be it resolved by the Council of the City of Dubuque that the fol- lowing applications be and the same are hereby approved and it is ordered that the premises to be occupied by such applicants shall be forthwith inspected. CLASS "B" PERMIT Vern Okey, 431 Rhomberg Av enue• Passed„ adloptedd and approved this 20th day of December, 1937. •JOHN K. CHALMERS, Mayor. CARL A. CLARK, GEO. R. MURPHY, A. M. BENNETT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Clark moved the ad- option of the resolution. Second- ed by Councilman Murphy. Car- ried by the following vote; Yeas-Mayor Chalmers, . Council- ren Bennett, Clark, Murphy. Nays-None. Absent-Councilman Kane. Resolution No. 139-37 Whereas, heretofore applications vere filed by the within named ap- dicants for "B" Beer Permits, and hey received the approval of this louncil; and Whereas, the premises to be oc- ;upied by them have been in- ~pected and found to comply with he ordinances of this City and ,hey have filed a proper bond: Jow, Therefore, Be It Resolved by the Council ~f the City of Dubuque that the YIanager be and he is hereby di- rected to issue to the following lamed persons a Beer permit: CLASS "B" PERMIT. Name. Address. Vern Okey (New), 431 Rhomberg Svenue, Harold A. Casey (Renewal), 1097 Jackson Street. Peter J. Kress (Renewal), 41 West 7th Street. Be It Further Resolved that the bonds filed by such applicants be and the s~am.e are hereby approved, Passed, adopted and approved this 20th day of December, 1937. JOHN K, CHALMERS, Mayor. CARL A. CLARK, GEO. R. MURPHY, A. M. BENNETT, Councilmen, Attest: J. J. SHEA, City Clerk, Councilman Bennett moved the adoption of the resolution. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Clariz, Murphy Nays-None. Absent-Councilman Kane.' Councilman Clark moved that the request of Emory F. Healy, far a suspension of the 1936 taxes on Lot 109 of McCraney's 1st Addi- tion, be granted and the Board of Supervisors to be notified of the action of the City Council. Sec- onded by Councilman Murply Car• ried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Clark, Murphy. Nays-None. Absent-Councilman Kane. Verbal ,report of City Solicitor Czizek recommending the settle- ment of the personal injury claim of John Schoeberl in the amount 'of $25,00'far injuries sustained 'in Special Session, December .20th; 1937 343 a fall at the intersection of Eightt Avenue and Main Street, said fal: resulting from the operation of the street-flusher causing water to fall upon said street and ice to form from said water, and that a war rant in the amount of $26.00 be ordered drawn on the City Treas- urer in favor of E, H. Willging, Attorney, as settlement in full of the personal injury claim of John Schoeber•1, presented. Councilman Clark moved that the recommendation of City Solic• itor Czizek be approved and that I a warrant in the amount of $25.00 be ordered drawn on the City Treasurer in favor oP E. H. Will- . Bing, Attorney, as settleemnt in full of the personal injury claim of John Schoeberl. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Chalmers, Council• men Bennett, Clark, Murphy. Nays-None. Absent-Councilman Kane, ! Resolution No. 1'40-37 { Whereas, the earnings of the Du- buque City Water Department at this time warrant the transfer of the sum of $20,000.00 from the ' General Fuud of such department to the Sinking Fund heretofore created for the purpose of paying interest and principal upon out- , standing bonds; Now, Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that the Auditor be and he is hereby directed to draw a warrant upon the Treasurer against the Water Department General Fund in the sum of $20,000.00, and deposit such sum to the credit of the Sinking Fund. Passed, adopted. and approved this 20th day of December, 1937. JOHN K. CHALMERS, Mayor. CARL A, CLARK, GEO. R. MURPHY, A, M, BENNETT, Councilmen. Attest: J. J. SHEA, City Clerk. ~ Councilman Clark moved the adoption of the resolution. Sec- onded by Councilman Bennett. Car- ried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Clark, Murphy, Nays-None, Absent-Councilman Kane. There being ~no further business, Councilman Clark, moved to ad- journ. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Chalmers, Council• men Bennett, Clark, Murphy. Nays-None. Absent-Councilman Kane. J. J. SHEA, City Clerk, Approved ..• ....................:..........1938. Adopted ....................................1938• Councilmen: { ...................................... Attest: ....................................... . City Clerk.