1935 June Council ProceedingsRegular Session, June 3rd, 1935 145
CITY COUNCIL
(Official.)
Regular Session, June 3rd, 1935.
Council met at 8:20 P, M.
Present-Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz,
City Manager Evans,
Mayor I{one stated that this is the
regular monthly meeting of the City
Council far the purpose of acting up-
on such business as may properly
come before the meeting,
Petition of Dubuque Lodge No.
297, B. P. 0. E., requesting use of
the Athletic Field on the nights of
June 11, 12 and 13 for the purpose
of playing Donkey Baseball, they
agreeing to Pay the cost of lights
used for that purpose, and request-
ing that ho rental charge be made
for the use of the field, and also re-
questing that they be granted per-
mission to hold a street parade at
noon daily in the business districts,
presented and read.
Councilman Jaeger moved to grant
the prayer of the petition. Seconded
by Councilman Schiltz. Carried by
the following vote:
Yeas -Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None.
Petition of Mary E. Brunskill, re-
ferred to the City Council by the
Beard of Supervisors, requesting the
suspension of taxes on Lot 12 of the
Sub. of Lots 6-7.8 and 9 Quigley's
Sub., presented and read,
Councilman Schiltz moved to refer
the petition to the City Solicitor for
investigation and report. Seconded
by Councilman Chalmers. Carried by
the following vote:
Yeas -Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None.
Petition of Mary Cleaves, referred
to the City Council by the Board of
Supervisors, requesting the suspen-
sion of taxes on East 70 ft. of North
23 ft. 10 in, of City Lot 105, pro
sented and read,
Councilman Schiltz moved to re-
fer the petition to the City Solicitor
for investigation and report. Second•
ed by Councilman Chalmers. Carried
by the following vote:
Yeas -Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None.
Petition of The American Legion,
Dubuque Post No, 6, requesting per-
mission to use the Municipal Air
Port on Sunday, June 23rd, 1935, for
the holding of a bays' and girls'
model airplane contest, presented
and read.
Councilman Roberts moved to re•
fer the petition to the City Manager
with power. Seconded by Council-
man Schiltz. Carried by the follow-
ing vote:
Yeas -Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None.
Ordinance No. 8-35. An Ordin-
ance amending and changing the
Zoning Map of the City of Dubuque
as provided for by Ordinance No. 3
-34, designated "ZONING ORDIN-
ANCE OF THE ,CITY OF DU-
BUQUE," so as to change to LOCAL
BUSINESS DISTRICT certain de-
fined territory now delimited as
TWO FAMILY RESIDENCE DIS-
TRICT and SINGLE FAMILY RESI-
DENCE DISTRICT, and declaring
an emergency, said ordinance hav-
ing been passed upon first and sec-
ond readings on May 20th, 1935, pre-
sented and read a third time.
ORDINANCE N0. 8.35.
An Ordinance amending and chang-
ing the Zoning Map of the City of Du-
buque as provided for by Ordinance
No. 3-34, designated "Zoning Ordinance
of the City of Dubuque," so as to
change to Local Business District cer-
tain defined territory now delimited as
Two-Family Residence District and
Single Family Residence District, and
declaring an emergency.
Whereas, it is deemed advisable by
this Council to amend the Zoning Map
of the City of Dubuque provided for
by Ordinance No. 3-34, designated as
"Zoning Ordinance of the City of Du-
buque" so as to change to Local Busi-
ness District certain defined territory
now delimited as Two-Family Resi-
dence District and Single Family Resi-
dence Districts; and
Whereas, notice of such proposed
changes has been published as pro-
vided by law, and an opportunity has
been afforded to all interested parties
to object thereto at a public meeting
held on May 20, 1935, and;
Whereas, no objections .have been
filed to the proposed changes; Now,
Therefore:
Be It Ordained by the Council of the
City of Dubuque:
Par. 487, Section 1. That the Zoning
Map be and the same is hereby amend-
ed and changed as follows:
(a) By changing from Two-Family
Residence District to Local Business
District, lets 22 of part of Wm. Blake's
Addition and Lots 26B and 26B of part
of A. P. Wood's Subdivision.
(b) By changing from Single Family
Residence District to Local Business
District, Lots 23 to 32, both inclusive,
of part of Wm. Blake's addition; Lots
1 and 2 of University Place; and Lot
24C of part of A, P. Wood's Subdivision.
Par. 483, Section 2. This Ordinance
being deemed urgent and of immediate
necessity, shall be in force and effect
from and after its final passage, adop-
tino and approval by the City Council,
and publication as provided by law.
Passed upon first and second read-
ings this 20th day of May, 1936.
146 Regular Session,, June 3rd, 1935
Passed, adapted and approved this
3rd day of June, 1935.
M. R. KANE,
Mayor.
JOHN K. CHALMERS,
W. S. ROBERTS,
PETER SCHILTZ,
F. M. JAEGER,
Councilmen,
Attest: J. J. SHEA,
City Clerk.
Published officially in the Telegraph-
Herald newspaper, June 4th, 1935.
J. J. SHEA,
6-4-1t City Clerk.
Councilman Schiltz moved the
adoption of the ordinance. Seconded
by Councilman Jaeger. Cartried by
the following vote:
Yeas -Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz,
Nays-None.
Report of the Board of Health for
the month of February, 1935, pre-
sented.
Councilman Chalmers moved that
the report of the Board of Health
for the month of February, 1935, be
received and placed on file, Second-
ed by Councilman Roberts. Carried
by the following vote:
Yeas -Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None.
Petition of Owners, Managers 'and
Operators of Barber Shops, Du-
buque, Iowa, by Wm. J. Glasson,
President, and Al. M. Schmidt, Sec-
retary, requesting the City Council
to enact an Ordinance under the pro-
visions of House File 173 regulating
the operation of barber shops in the
City of Dubuque is accordance with
this petition and in accordance Ivith
the minutes of the meeting of the
owners, managers and operators of
said shops, held on May 23rd, 1935,
also the petition of George V. Mc-
Endollar et al., operators and man-
agers of the legally recognized N.
R. A. Shops, protesting against the
enactment of an ordinance establish-
ing or fixing a minimum price for
services to be rendered in prosecu-
tion of our business and requesting
the City Council to deny such peti-
tion and refuse to pass such an or-
dinance, presented and read.
Councilman Roberts 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 Chalmers. Carried
by the following vote:
Yeas -Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None.
Attorney Al. Nelson, William Glas-
son, William Andresen, C. C. Van-
Dyke, Francis Cunningham, .Arthur
iVolfe and James Beall addressed
the Council requesting that the
prayer of their petition be granted
and that the Council draft an ordin-
ance as requested.
.Councilman Chalmers moved to
refer the petition and remonstrance
to the City Council and City Solic-
itor for their examination and report,
Seconded by Councilman Roberts,
Carried by the following vote:
Peas -Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz,
Nays-None,
Resolution No. 755,
A Resolution approving applica-
tions for the sale of beer and auth-
orizing the issuance of permits,
Whereas, the City Council of the
City of Dubuque has examined the
applications which have been filed
for permits for the sale of beer with-
in the City of Dubuque, and has ap-
proved such applications as apply to
the persons herein named, at tha
locations described herein: Now,
Therefore,
Be It Resolved by said Council
that permits for the sale of beer
within the City of Dubuque be and
the same 'are hereby authorized and
ordered issued as follows:-
CLASS "B" PERMIT.
Anton Schmitt (Renewal), 1298
Washington Street.
Be It Further Resolved that the
bonds filed with these applications
be approved.
Passed, adopted and approved this
3rd day of June, 1935.
M. R. KANE,
Mayor.
JOHN K. CHALMERS,
W. S. ROBERTS,
PETER SCHILTZ,
F. M. JAEGER,
Councilmen,
Attest: J. J. SHEA,
City Clerlt,
Councilman Schiltz moved the
adoption of the resolution. Second-
ed by Councilman Jaeger. Carried
by the following vote:
Yeas-Maym• Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None.
June 3, 1935.
To the Honorable Mayor and City
Council, Dubuque, Iowa.
Gentlemen: Attached is an in-
voice from R. F. Conlon, general
contractor, for the sum of $425.00
which bid was accepted by the City
Council as the lowest bid for the
cleaning and removal of debris from
the bm•ned building owned by the
Sisters of the Holy Ghost at 438.448
Main Street.
Attached is also a copy of the
contract and agreement.
In accordance to the work author-
ized and already finished, there is a
Further statement from the Building
Regular Session, June 3rd, 1935 147
Commissioner! Mr. C. F. Bartels,
recommending that, if possible, ad-
ditional work be done on this build-
ing and to the adjoining buildings.
Respectfully submitted,
R, M. EVANS,
City Manager.
Councilman Chalmers moved that
a warrant in the amount of $425.00
be ordered drawn on the City Treas-
urer in favor of R. F, Conlon, gen-
eral contractor, to cover the amount
of his contract and that the City
Solicitor be instructed to prepare
the proper proceedings for the levy-,
ing of a special assessment against
the Sisters of the Holy Ghost to
cover tkle amount of the contract.
Seconded by Councilman Roberts,
Carried by the fallowing vote:
Yeas -Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz,
Nays-None.
June 3, 1935.
To the Honorable Mayor and City
Council, Dubuque, Iowa.
Gentlemen: The Planning and
Zoning Commission has been peti-
tioned by the owners and/or tenants
of seven business properties, located
within residential areas, for relief
from the new Iowa State Beer Law,
which law prohibits the sale of beer
within said areas,
As these seven business establish-
ments were in the business of dis-
pensing beer prior to the adoption
of the Zoning Ordinance, sand are
now embarrassed only due to the
necessity of having their licenses re•
newel, the have given each petition
deep consideration in order to avoid
making the Zoning Ordinance, in its
application to these cases, retro-
active in effect. It is manifestly not
the intent of the Iowa Statute, auth-
orizing city zoning, that our Zoning
Ordinance be retroactive in any
way hence our broad action in these
cases.
We„therefore, recommend:
1, That Lot 1 of 11, part of G. R.
West's Dubuque, be changed from
"Multiple Family Residence Dis-
trict" to "Local Business District";
and the East 20 feet of the North
65 feet of Lot 2 of 11, Part of G. R.
41Jest's Dubuque, be changed from
"Single Family Residence District"
to ".Local Business District."
2. That Lots 2 of 5 and 2 of 6,
Rrecht's Addition, be changed from
"Two Family Residence District" to
"Local Business District."
3. That the East G8 feet of the
North 62 feet of Lot 24, L. H. Lang-
worthy's Addition, and the East 12
feet of the West 92 feet of the North
62 feet of Lot 24, L. H. Langworthy's
Addition, be changed from "Two
Family Residence District" to "Busi-
ness District"
4. That Lot 1 of 3 of 107•; Lot 2
of 1 of 2 of 107; and the North 44
.feet of the West 11 feet of Lot 1 af,
2 of 107, all in L. H. Langwolthy's
Addition, be changed from "Two
Family Residence District" to "Hea-•
vy Industrial District"
5. That the South t/3 of Lot 1 of
the Subdivision of South 16 feet of
Lot 156 and Lota 157 and 158, Fin-
ley's Addition, be changed from
"Single Family Residence District"
to "Local Business District,"'
6. That Lot 1 of 1 of City Lot
731 be changed from "Two Family
Residence District" to "Local Busi-
ness District," '
7. That the North West 50 feet of
Lot 5 of Kneist's Sub.; and Lots 11
to 20, al] inclusive, of Smedley's
Sub.; 'and Lots 12 to 33, all inclu-
sive, of High Street Sub.; and Lots
17 to 40, all inclusive, of Cook's Ad•
dition, be changed from "Two Fam-
ily Residence" to "Local Business
District,"
The accompanying plats show the
revised districts.
Respectfully submitted,
PLANNING AND ZONING
COMMISSION.
By R. V. McKay, Secretary,
Councilman Chalmers moved to
refer the communication to the City
Council, Seconded by Councilman
Schiltz. Carried by the following
vote:
Yeas -Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
ATays-None.
Ordinance No. 9-3~. An Ordin-
ance providing for the issuance of
Class "B" and Class "C" Beer Per-
mits and for the revocation of the
same; fixing permit fees; prescrib-
ing rules and regulations governing
the operation of places where beer
is sold and consumed pursuant to
such permits; ,restricting dancing
and providing ~a license therefor; re-
pealing all ordinances heretofore en-
acted governing this subject; pro-
viding apenalty for violation here-
of; and declaring an emergency, pre•
sented and read.
Attorney Walter Koerner address-
ed the Council regarding the status
of the Class "B" Beer Permit of the
College Inn and requesting the Gity
Council to amend the proposed beer
ordinance in order that the College
Inn may secure a Class "B" Beer
Permit when the new beer ordin-
ance becomes in force and effect.
Councilman Schiltz moved that
the reading just had be considered
the first reading of the ordinance,
Seconded by Councilman Roberts.
Carried by the following vote:
Peas - Dlayer Kane, Councilmen,
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None.
qC"~
•, ri'
148 Special Session, June 7th, 1935
Councilman Schiltz moved that
the rules be suspended requiring an
ordinance to be read on three sep-
arate days. Seconded by Council-
man Chalmers. Carried by the fol-
lowing vote:
Yeas -Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None,
The ordinance was then read a
second time.
Councilman Schiltz moved that
the reading just had be considered
the second reading of the ordinance.
Seconded by Councilman Chalmers.
Carried by the following vote:
Yeas -Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None.
There being no further business,
Councilman Schiltz moved to ad-
journ. Seconded by Councilman Jae-
ger. Carried by the following vote:
Yeas -Mayor Kano, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None.
J, J. SHEA,
City Clerk,
APAroved ....................................1935.
AddPted ........................................1935.
Councilmen: { ........................................
Attest : ..................................................
City Clerk.
CITY COUNCIL
(Official.)
Special Session, June 7th, 1935.
Council met at 4:50 P, M.
Present-Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz,
City Manager Evans.
Meeting called by order of Mayor
Kane and Councilman Chalmers.
Mayor Kane read the call and
stated that service thereof had been
duly made and that this meeting is
called for the purpose of filling the
vacancy on the Board of Park Com-
missioners created by the death of
Glenn Brown and acting on any oth-
er business as may properly come
before a regular meeting of the City
Council.
Petition of Arnold Mathis request-
ing permission for the Riverside
Club to put up an overhead sign on
Lincoln Avenue and White Street to
advertise their Boat Regatta, which
is to be held on July 4th, 1935, and
also to be granted permission to put
up direction signs from highways
leading into Dubuque directing them
through business districts to River-
side Park, presented and read.
Councilman Jaeger moved to refer
the petition to the City Manager
with power. Seconded by Council-
man Schiltz. Carried by the follow-
ing vote:
Yeas -Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz,
Nays-None.
Communication of Ray H. Sanger,
Rays Barber Shop, stating his views
on the proposed barber ordinance
and requesting the City Council to
give careful consideration to the
matter before acting upon the adop-
tion of said ordinance presented and
read.
Councilman Schiltz moved to refer
the communication to the City Coun-
cil. Seconded by Councilman Jaeger.
Carried by the fallowing vote:
Yeas -Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz,
Nays-None.
Communication of The Key City
Gas Company advising the City
Council that, effective July 1st, 1935,
that they propose to establish a
rate of eighty cents per thousand
cubic feet on gas used for water
heating when the heater is separ-
ately metered presented and read.
Councilman Chalmers moved to
refer the communication to the City
Council. Seconded by Councilman
Roberts, Carried by the following
vote:
Yeas -Mayor Kane, Councilmen
Session, June 7th, 1935 149
Chalmers, Jaeger, Roberts, Schiltz,
Nays-None.
Councilman Chalmers moved that
the communication of the Key City
Gas Company having been referred
to the City Council, that said com-
munication be now approved. Sec-
onded by Councilman Jaeger. Car-
ried by the following vote;
Xeas -Mayor Kane, Councilmen
Chalmers, Jaeger, Roberta, Schiltz.
Nays-None,
Petition of William J. Kramer, re-
ferred to the City Council by the
Board of Supervisors, requesting the
suspension of the 1934 taxes on Lot
2 of 49 and Lot 60 in Burden &
Lawther's Addition presented and
read,
Councilman Schiltz moved to re•
fer the petition to the City Solicitor
for investigation-and report. Second-
ed by Councilman Jaeger, Carried
by the following vote:
Yeas -Mayor Ifane, Councilmen
Chalmers, 'Jaeger, Roberts, Schiltz.
Nays--None.
June 7, 1935.
To the Honorable Mayor and City
Council, Dubuque, Iowa.
Gentlemen; I am submitting here-
with reports of the City Auditor,
City Treasurer and City Water De-
partment far the month of May,
1935, also list of claims and list of
payrolls for which warrants were
drawn during the month of May,
1935.
Respectfully submitted,
R. M. EVANS,
City Manager,
Councilman Schiltz moved that
the reports be received and placed
on file. Seconded by Councilman
Jaeger. Carried by the following
vote:
Yeas -Mayor Kane, Councilman
Chalmers, Jaeger, Roberts, Schiltz,
Nays-None.
Councilman Roberts moved that
all previous action taken on Ordin-
ance No, 9-35, An Ordinance pro•
viding for the issuance of Class "B"
and Class "C" Beer Permits and far
the revocation of the same; fixing
permit fees; prescribing rules and
regulations governing the operation
of places where beer is sold and
consumed pursuant to such Permits;
restricting dancing and providing a
license therefor; repealing all ordin-
ances heretofore enacted governing
this subject; providing a penalty for
violation hereof; and declaring an
emergency, be rescinded. Seconded
by Councilman Schiltz. Carried by
the fallowing vote:
Yeas - 14layor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None.
Ordinance No. 9-35. An Ordin-
ante providing for the issuance of
Class 'B" and Class "C" Beer Per-
mits and for the revocation of the
same; fixing permit fees; prescrib-
ing rules and regulations governing
the operation of places where beer
is sold and consumed pursuant to
such permits; restricting dancing
sand providing a license therefor; re•
pealing all ordinances heretofore en-
acted governing this subject; pro-
viding a Aenalty for violation here-
of; and declaring an emergencYv Pre-
sented and read,
Councilman Roberta moved that
the reading just had be considered
the first reading of the ordinance.
Seconded by Councilman Schiltz,
Carried by the following vote:
Yeas -Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None,
Councilman Roberts moved that
the rules be suspended requiring an
ordinance to be read on three sep-
arate days. Seconded by Council-
man Schiltz, Carried by the follow-
ing vote:
Yeas - MaYOT Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz,
Nays-None,
The Ordinance was then read a
second time,
Councilman Roberts moved that
the reading just had be considered
the second reading of the ordinance.
Seconded by Councilman Schiltz.
Carried by the following vote:
Yeas --- Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz,
Nays-None.
Resolution No, 76--35.
CITY COUNCIL, CITY OF
DUBUQUE, IOWA.
Whereas, the City Council of Du-
buque, Iowa, did by Resolution N6.
140, passed December 4th, 1933,
authorize the original application to
be filed with the Federal Emergency
Administration of Public Works, for
a Modern, Outdoor Swimming Pool,
on the basis of a desired loan of
$67,550,00 and grant of $28,950.00,
the site for the same to be acquired
and adjacent to the present Grand-
view Avenue Tourist Park, Dubuque,
Iowa; and
Whereas, the City Council of Du•
bogus, 1'owa, did by Resolution No.
55, passed June 9th, 1934, rescind
the action of Resolution No, 140 of
pecember 4th, 1933, and further
authorized that the original applica-
tion be amended by decreasing the
desired loan to $42,000.00 and the
grant to $18,000.00 and that the site
of the Swimming Pool be changed to
the property then owned by the
City of Dubuque at the southeast
corner of South Locust Street (Fed-
1S0 Special Session, June 7th, 1935
eral Route No. 61) and Railroad
Street, Dubuque, Iowa; and
Whereas, both the original and
first revised applications far the de-
sired loan and grant for the Du-
buque Swimming Pool were denied
and rejected by the Federal Emerg•
ency Administration of Pub 1 i c
Worizs; Now, Therefore,
Be It Resolved by the City Coun•
cil of Dubuque, Iowa, that Resolu-
tion No, 55, passed June 9th, 1935,
be and the same is hereby rescinded.
Be It Further Resolved that the
City Council of Dubuque, Iowa, does
hereby endorse and authorize the
second revised application to be sub-
mitted to the Federal Government
for a requested
Loan (55% of $50,000) of $27,500.OD
and
Grant (45°~ of $50,000) of $22,500.00
For the Total Sum of........$50,000.00
to construct a Modern, Outdoor
Swimming Poo] ~at Dubuque, Iowa.
Be It Further Resolved that the
City Council of Dubuque, Iowa, does
hereby endorse and authoi~ze the
Swimming Pool to be located on
more preferable land; at present
awned by the City of Dubuque at the
northeast section of the City, in
Ham's Addition, east of the City
Water Plant, where an ample de-
sired area is available.
Be It Further Resolved that the
City Manager immediately prepare
the second revised application for
the relocation and reduced cost of
the proposed Swimming Pool and
that said revised application, to•
gether with preliminary plans, etc.,
be filed 'at the earliest date possible
with the proper P. W, A, officials at
Des Moines, Iowa, and at Washing-
ton, D, C,
Passed, adopted and approved this
7th day of June, 1935.
M, R. KANE,
Mayor.
JOHN K. CHALMERS,
W. S. ROBERTS,
PETER SCHILTZ,
F. M. JAEGER,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Roberts moved the
adoption of the resolution: Seconded
by Councilman Chalmers. Carried by
the following vote:
Yeas -Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None.
Resolution No. 77-35.
Almighty God, in His Wisdom, has
called to his eternal reward one of
Dubuque's most lovable and loyal
citizens,-Glen Brown. It would be
folly to estimate his loss to this com-
munity. He was a truly great man,
a most patriotic citizen and a pub-
lic official of the highest rank. The
passing of time will only emphasize
his worth. We pause in reverence to
his memory.
On March 10, 1916, Glen Brown
was appointed by the City Council
of the City of Dubuque to fill the
vacancy upon the Park Board
created by the death of his illus-
trious predecessor, the Honorable 0.
P. Shiras. From the moment of his
appointment until his death, on June
4, 1935, he served with honor and
distinction in that capacity. The de•
velopment of the Park system under
his guidance during these years
bears testimony to his zeal, his
ideals and his untiring devotion to
service. While possessing unlimited
capacity for work in his beloved pro-
fession, and always a busy man, he
gave generously of his time to the
public service and to the progress
and prosperity of his city. He
worked so that our people could play
and enjoy wholesome recreation un-
der the most pleasant surroundings.
No wonder he held a place of high
esteem in the hearts of his fellow
men. Vice mourn his loss, but we re-
joice in the thought that this city
has profited on account of his ser-
vices as a man, a citizen and a pub-
lic servant.
Therefore, it is fitting and proper
that this Council cause this Resolu-
tion to be adopted so that the senti-
ment herein expressed may be per-
petuated in the permanent and of-
ficial records of this City and serve
as a memorial to the life and ser-
vice of Glen Brown.
Fassed, adopted and approved this
7th day of June, 1935.
M. R. KANE,
Mayor.
JOHN K. CHALMERS,
W. S. ROBERTS,
PETER SCHILTZ,
F. M. JAEGER,
Councilmen.
Attest: J. J. SHEA,
City Clerk,
Councilman Roberts moved the
adoption of the resolution. Second-
ed by Councilman Chalmers. Carried
by the following vote:
Yeas -Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None.
Resolution No. 78-35.
Whereas, the Planning and Zoning
Commission of the City of Dubuque
has recommended to this Council
that the Zoning Map be amended
and changed in the fallowing
respects:
Section 1. By changing from
"Multiple Family Residence District"
Session, June 7th, 1935 151
to "Local Business District" Lot No.
1 of the Sub. of Lot No, 11 of part
of G. R. West's Dubuque Addition;
and the East 20 feet of the North
65 feet of Lot No. 2 of.the Sub. of
Lot No. 11, said Addition, from "Sin•
gle Family Residence District' to
"Local Business District."
Section 2. By changing from "Two
Family Residence District" to "Lo-
cal Business District" Lot No. 2 of
Sub, of Lot No. 5 and Lot No. 2 of
Sub. of Lot No. 6 in Brecht's Addi-
tion.
Section 3. By changing from "Two
Family Residence District" to "Lo-
cal Business District" the East 68
feet of the North 62 feet of Lot Na.
24, L. H. Langworthy's Add., and
the East 12 feet of the Wost 92 feet
of the North 62 feet of Lot No. 24
in said addition.
Section 4, By changing from "Two
Family Residence District" to "Lo•
ca] Business District" -Lot No. 1 of
the Sub, of Lot No. 3 of Lot No.
107, Lot No. 2 of the Sub. of 1 of 2
of Lot No. 107; and the North 44
feet of the West 11 feet of Lot No,
1 of the Sub, of 1 of 2 of Lot No.
107, in L. H. Langworthy's Addition.
Section 5. By changing from "Sin-
gle Family Residence District" to
"Local Business District" the South
one-third of Lot No. 1 of the Sub.
of South 16 feet of Lot No. 156, and
Lots No, 1.57 and No. 158 in Finley's
Addition.
Section 6. By changing from "Two
Family Residence District" to "Lo•
cal Business District" Lot No. 1 of
the Sub. of 1 of City Lot No. 731.
Section 7. By changing from "Ttvo
Family Residence District" to "Lo•
ca] Business District" the Northwest
50 feet of Lot No. 5 of Kniest's Sub.;
Lots No. 11 to No. 20 both included,
of Smedley's Sub.; Lots No, 12 to
. No. 33, both included, of High Street
Sub.; and Lots No. 17 to No. 40,
both included, of Cook's Addition,
and
Whereas, before said zoning map
can be thus amended and changed
it is necessary that a public hear-
ing be held thereon. Now, There-
fore
Be It Resolved by the City Coun•
cil of the City of Dubuque, that said
recommendation be and the same is
hereby approved and the Clerk is
directed to cause to be published in
the Telegraph•Herald anotice of a
public hearing to be held by this
Council upon the proposed changes
and amendments, the date of said
meeting being hereby fixed at 4:00
o'clock P. M. on June 26, 1935, and
to be held in the Council Chamber
in the City Hall, said notice to be
published at least 15 days before the
date of said meeting, at which time
all parties in interest and citizens
shall have an opportunity to be
heard.
Passed, adopted and approved this
7th day of June, 1935.
M, R: KANE,
Mayor.
JOHN K. CHALMERS,
W. S. ROBERTS,
PETER SCHILTZ,
F. M. JAEGER,
Councilmen.
Attest; J. J. SHEA,
City Clerk.
Councilman Schiltz moved the
adoption of the resolution. Second-
ed by Councilman Jaeger. Carried
by the following vote:
Peas -Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None.
Resolution No. 79-35,
Whereas, pursuant to proper pro•
ceedings heretofore taken, a danger-
ous building, located upon Lot No.
14, in the Town (now City) of Du-
buque, Iowa, and owned by the Sis•
ters of the Holy Ghost, `vas con-
demned by this Council, and such
portions thereof as were dangerous
were ordered demolished and taken
down; and
Whereas, the owners of said prop-
erty failed to comply with said or-
der, and thereupon this Council en-
tered into a contract with R. F, Con-
lon to perform such work for the
sum of $425.00; and
Vi'hereas, such contract has been
completed and it is now necessary
and desirable to assess the cost
thereof upon and against said de-
scribed real estate; Now, Therefore,
Be It Resolved by the Council of
the City of Dubuquo, that the City
Clerk be and he is hereby directed
to prepare a schedule of special as-
sessments to be levied upon and
against Lot No. 14 in the Town
(nosy City) of Dubuque, Iowa, for
the sum of $425.00 to pay the cast
and expense of demolishing and tak-
ing down of the dangerous building
located thereon, and to file the same
in his office and to publish a notice
of such assessment in the Telegraph-
Herald and Catholic Daily Tribune,
newspapers of general circulation in
the City of Dubuque, such notice to
be given by two publications in such
newspapers and by posting a copy
thereof upon the premises. Such no•
tices shall state that the plat and
schedule are on file in the office of
the City Clerk and that within twen-
ty days after the first publication all
objections thereto, m' to prior pro•
ceedings, on account of errors, or
irregularities must be made in writ-
ing and filed with said clerk.
52 Special Session, June 8th, 1935
Passed, adopted and approved this
7th day of June, 1935.
M. R. KANE, Mayor.
JOHN K. CHALMERS,
W. S. ROBERTS,
PETER SCHILTZ,
F. M, JAEGER,
Councilmen.
Attest: J. J. SHEA,
City Clerk,
Councilman Roberts moved the
adoption of the resolution, Second-
ed by Councilman Jaeger. Carried
by the following vote:
Yeas -Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None.
Schedule of Special Assessment
The following is a schedule of
special assessment to be levied for
the demolition of a building con-
demned as dangerous:
Owner. Lot. Amount,
Slaters of Holy Ghost, City
Lot No, 14 ................................$425.00
Submitted by City Clerk and Ap-
proved by City Council, June 7th,
1935.
M, R. KANE, Mayor.
JOHN K. CHALMERS,
W. S. ROBERTS,
PETER SCHILTZ,
F, M. JAEGER,
Councilmen,
Attest: J. J. SHEA,
City Clerk.
Councilman Jaeger moved that the
schedule of special assessment as
submitted by the City Clerk be ap-
proved and placed on file for public
inspection. Seconded by Councilman
Schiltz. Carried by the following
vote:
Yeas -Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz,
Nays-None.
Thera being no further business,
Councilman Chalmers moved to ad-
journ. Seconded by Councilman
Schiltz, Carried by the following
vote;
Yeas -Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz,
Nays-None.
J. J. SHEA,
City Clerk,
Approved ......................................1936.
Adopted ........................................1936.
CITY COU CIL
(Official)
Special Session, June 8th, 1936,
Council met at 10:30 A. M,
Present-Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz,
City Manager Evans.
Meeting called by order of Mayor
Kane and Councilman Roberts.
Mayor Kane read the call and
stated that service thereof had been
duly made and that this meeting is
called for tho purpose of filling the
vacancy on the Board of Parlr Com-
missioners created by the death of
Glenn Brown and acting on any oth-
er business as may properly come
before a regular meeting of the City
CQllnCll,
Councilman Roberts moved that
Waldo Adams be appointed to fill
the unexpired term of Glenn Brown,
deceased, as Park Commissioner,
said term expiring March 31st, 1938.
Seconded by Councilman Schiltz.
Carried by the following vote:
Yeas -Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None.
Thore being na further business,
Councilman Jaeger moved to ad-
journ. Seconded by Councilman
Schiltz, Carried by the following
vote:
Yeas -Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz,
Nays-None,
J. J. SHEA,
City Clerk.
Approved ......................................1935.
Adopted ... ....................................1935.
Councilmen ................................ .......
Attest : ..................................................
City Clerk.
Councilmen: 1 ........................................
Attest : ..................................................
City Clerk,
Special Session, June 14th, 1935 153
CITY COUNCIL
(Official.)
Special Session, June 14th, 1935.
Council met at 4:60 P. M,
Present-Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz,
City Manager Evans,
Meeting called by order of Mayor
Kane and Councilman Chalmers. '
Mayor Kane read the call and
stated that service thereof had been
duly made and that this meeting is
called for the purpose of considering
for final adoption Ordinance No. 9-
35. An Ordinance providing for the
issuance of Class "B" and Class
"C" Beer Permits and for the re-
vocation of the same; fixing permft
fees; prescribing rules and regula•
lions governing the operation of
places where beer is sold and con-
sumed pursuant to such permits; re•
stricting dancing and providing a
license therefor; repealing all ordin-
ances heretofore enacted governing
this subject; providing a penalty for
violation hereof; and declaring an
emergency, Such other business will
be acted upon as may properly come
before a regular meeting of the City
Council.
Ordinance No. 9-35, An Ordin•
ante providing for the issuance of
Class "B" and Class "C" Beer Per-
mits and for the revocation of the
same; fixing permit fees; prescrib-
ing rules and regulations governing
the operation of places where beer
is sold and consumed pursuant to
such permits; restricting dancing
and providing a license therefor; r~
pealing all ordinances heretofore en-
acted governing this subject; pl'ovid-
ing apenalty for violation hereof;
and declaring an emergency, said
ordinance having been passed upon
first and second readings on June
7th, 1935, presented and read a third
time.
Councilman Roberts moved to sus-
peed 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 Schiltz. Carried
by the following vote:
Yeas -Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz,
Nays-None.
Attorney AI. Nolson addressed the
Council regarding certain provisions
embodied in Ordinance No. 9-35.
Ordinance No. 9-35..
Ordinance providing for the
issuance of Class "B" and
Class "C" Beer Permits and for
the revocation of the same; fixing
permit fees; prescribing rules and
regulations governing the operation
of places where beer is sold and con-
sumed pursuant to such permits; re-
stricting dancing and providing a li-
cense therefor; repealing all ordi-
nances heretofore enacted govern-
ing this subject; providing a penalty
for violat[on hereof; and declaring
an emergency,
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF DU-
B UQUE:
Par, 459. SALE OF BEER. Section
1. Before any person or persons, firm
or corporation shall engage in the busi-
ness of selling beer, at retail, as fle-
tined by the laws of Iowa, a Class "B"
or Class "C" Permit, as the case may
be, shall be secured from the City
Council and State Permit Board.
Par. 490. PERMIT DEFINED, Sec-
tion 2. A "Class B Permit" shall al-
low the holder thereof to sell at retail
beer for consumption on or off the
premises. A "Class C Permit" shall
allow the holder thereof to sell at re-
tail beer for consumption off the prem-
ises in the original containers.
Par. 491. EXPIRATION OF PEP.-
DIITS. Section 3. All Class "C" Per-
mits shall expire at the end of
one year from the date of is-
suance. All Class "B" Permits,
except permits issued to golf or
cbuntry clubs, shall expire on July 1,
1935, anti any such permits issued
thereafter shall expire at the end of
one year from the date of issuance.
Class "B" Permits issued to Golf or
Comitry Clubs for one year shall ex-
pire on July 1st, after the date of
issuance, bnt where such permits are
or have been issued for a six months
period, they shall expire at the end
of such period,
Par, 498. TO WHOM ISSUED. Sec-
tion 4. Permits shall be issued only
to persons who are citizens of the State
of Iowa and who are of good moral
character and repute. The term "citi-
zen" shall include a corporation organ-
ized and existing or permitted and au-
thorized to do business under the laws
of this State. The term "good moral
character" shall not include any per-
son, firm, or corporation, who, pre-
ceding the making of an ap-
plication for a permit, has been
found guilty of violating any of the
provisions of the beer laws or any of
the intoxicating liquor laws of the
State or who has been convicted of a
felony or an indictable misdemeanor,
Par. 493. APPLICATION FOR
CLASS "B" PERMIT, Section 5. Ee-
fore aClass "B" Permit can be Issued
an application therefor must be filed
with tl~e City Manager upon a form
duly prepared for that Purpose. An
affidavit of some disinterested person
shall be attached thereto vouching for
the good moral character of the ap-
plicant. The required permit fee shall
accompany the application. The Man=
alter shall forthwith submit such ap-
plication to the Chief of Police whose
duty it shall be to make a report, in
writing, to said Manager. Thereupon
such application and report shall be
submitted to the City Council which
sball apP~'ove or deny the same with-
in 30 days thereafter. If the applica-
tion is approved, and before the per-
mit is issued, it shall be the duty of
the Bnilding Commissioner and Health
Director to inspect the premises with
a view of determining whether the
same conforms in all respects with the
requirements herein provided, and no
154 Special Session,
permit shall be issued unless or until
an aI!Proving report has been filed by
such officers, and a bond, in the form
prescribed by the Treasurer of State,
iu the sum of $1,000.00, shall be filed
and approved by the City Council.
Par. 494. APPLICATION FOR
CLASS "B" CLUB PERMIT. Section
6. Before a Class "B" Club Permit can
be issued an application therefor must
be filed with the City Manager upon a
form duly prepared for that purpose,
Such application must be executed by
the president and attested by its secre-
tary or other similar officers perform-
ing the duties usually performed by
a president or secretary and shall
state under oath:
(A) The name of the club and the
location of the premises occupied by it.
~(B) The names of the officers of
the club.
(C) Whether or not the buildings
occupied by the club are wholly with-
in the corporate limits of the City.
(D) The time when such club was
formed.
(E) The purposes for which the same
teas formed and is maintained,
(F) The number of bona fide mem-
bers paying dues and the amount
thereof,
There shall be attached to such ap-
plication a cops' of the Articles of In-
corporation and a certified copy of
the Resolution stating therein that
such application has been approved
by a majm•ity of the bona fide members
of the club who were present at a reg-
ular or special meeting called to con-
sider the same. The required permit
fee shall accompany the application.
When such application with attach-
ed documents is filed, the Manager
shall submit the same to the Council.
The Council shall grant or refuse the
same within 30 days thereafter, If the
Council shall determine to its satis-
faction that (1) the building or build-
ings occtpied or proposed to be occu-
pied by the club are wholly within the
territorial limits of the City; and (2)
that said club is not a proprietors
club or operated for profit; and (3)
that said club is a corporation of Iowa
and its charter is in full force and ef-
fect and/or is a chartered branch
of a nationally incorporated organiza-
tion; and (4) that such club was in
operation on the 1st day of January,
1934, or being thereafter formed, was
1n continuous operation as a club for at
least two years immediately prior to
the date of its application; and (5)
that such club has a permanent loral
membership of at least fifty adult
members; and (6) that the application
was approved by a majority of the
bona fide members thereof who were
present at a regular or special meeting
called to cons+der the same; and (7)
that such club has not been formed
merely for the purpose of securing a
beer permit; then, and in such event,
the Council may approve the apPli-
catimt, otherwise, the same shall be
denied. If the application is approved,
and before the permit is issued, a
bond, in the form prescribed by the
Treasurer of State, in the sum of
$1000.00 shall be filed and approved
by the City Council.
Boer shall be sold, served or dis-
pensed only to bona fide club mem-
bP^s and their families.
Par, 496. APPLICATIONS FOR
CLASS "C" PERMITS. Section 7. Be-
fore aClass "C" Permit can be issued,
an application therefor must be filed
une 14th, 1935
with the City Manager upon a form
duly prepared for that purpose. An af-
fidavit of some disinterested person
shall be attached thereto vouching for
the good moral character of the appli-
cant. The required permit fee shall ac-
company the application. Thereupon
such application shall be submitted to
the City Council which shall approve or
deny the same within 30 days there-
after. If the application is approved
and before the permit is issued, it shall
be the duty of the Building Commis-
sioner and Health Director to inspect
the premises with a view of determin-
ing whether the same conforms to all
state and local regulations and is a
safe and proper place, and no permit
shall be issued unless, and until an ap-
proving report has been filed by such
officers and a bond, in the form ap-
proved by the Treasurer •of State, in
the sum of =1000.00 shall be filed and
approved by the City Council.
Par. 496. RESOLUTIONS APPROV-
ING APPLICATIONS AND DIRECT-
ING ISSUANCE OF PERMITS. Sec-
tion 8. Applications for all types of
permits shall be approved by a resolu-
tion of the Council. Permits shall be
issued by the City Manager only after
a Resolution has been adopted by the
Council directing him to issue the same.
Par. 497. NOTICE OF ISSUANCE
OF PERMIT. Section 9. When a per-
mit has been issued, or transferred
from one location to another, the City
Manager shall immediately notify the
State Permit Board of such fact, giving
the name of the permittee, the location
of the premises, and the date of issu-
ance and number of the permit.
Par. 498. STATE PERMIT FEE.
Section 10. Before a permittee shall
begin operation under the permit grant-
ed by the Council, he shall secw•e a
permit from the State Permit Board by
the payment of Three Dollars, as pro-
vided by law.
Par. 499. NOTICE OF REVOCATION
OF PERMIT. Section 11. When a per-
mit is revolted by the Council, notice
of such fact shall immediately be given
to the State Permit Board by the Man-
ager.
Par. 500. RENEWAL, Section 12.
A Class "B" or Class "C" Permit may
he renewed upon its expiration. To
affect a renewal the permittee shall file
an application as in the first instance
and shall accompany the same with the
prescribed fee and a duly executed
bond. Such application and bond shall
be presented to the City Council for
approval.
Par. 501, REFUND. Section 13.
Where permits expire on July 1, 1935,
as herein provided, the permittee shall
be entitled to a refund from the Gen-
eral Fund in an amount proportionate
to the unexpired term of the permit.
Par. 502. ALLOCATION OF FEES.
Section 14. All permit fees collected
hereunder shalt be allocated to the
General Fund.
Par. 503. FEES. Section 15. The
following permit fees shall be exacted
and paid in advance far Class "B" and
Class "C" Permits:
(A) For a Class C Permit, Twenty-
five Dollars.
(B) For a Class B, Golf or Country
club Permit, $100, except where the
permit is issued for six months, in
which event it shall be Fifty Dollars.
(C) For a Class B Ciub Permit, One
Hundred Dollars.
(D) For a Class B Tavern Permit,
~'-r
~..--
Special Session, June 14th, 1935 155
One Htmdred Dollars, (See: Sub, of
SECTION 17).
(E) Fora Class B Hotel Permit,
where the hotel has 250 guest rooms or
more, Two Hundred and Fifty Dollars.
(F) Far a Class B Hotel Permit,
where the hotel has more than 100 and
less than 250 guest rooms, One Hun-
dred and Fifty Dollars.
(G) For a Class B Hotel Permit,
where the hotel has 100 or less rooms,
One Hundred Dollars.
Par. 504. TRANSFERS. Section 16.
Before a permit can be transferred
from one location to another, an appli-
cation therefore must be made as in
the case of an original application and
all provisions hereof relating to original
application shall apply, except as to the
good moral character of the applicant,
and a transfer fee of Twenty-five Dol-
lars shall be exacted and paid.
Par. 505. LOCATION AND RE-
STRICTIONS. Section 17. The follow-
ing provisions shall be complied with as
to surroundings and conditions under
which Class "B" permittees shall op-
erate.
(A) The location of the building
shall be within a business district now
or hereafter zoned as such.
(B) The part of tits building where-
in the business is being operated shall
be on the first floor and no other part
of the building shall be used in connec-
tion therewith; provided, however, +hat
this provision shall not apply to hotels
or clubs, nor to restaurants, depart-
ment or confectionery stores wlier•e the
main business is other than the sale of
beer, nor to any place of business
which is now being operated mt .the
second floor of a building by the )tolder
of both a Class "B" permit and a "Dine
and Dance" permit, and in which the
floor space devoted thereto is not less
than 0000 square feet.
(C) There shall be no curtains,
screens, paintings or other obstructions
on the doors or windows at any t+me
so as to prevent a full view of the in-
terior of the room where the bar flx-
tu'res are located.
(D) All parts of the building where-
in beer is sold or consumed anti dis-
pensed shall be lighted with white
globes of sufficient candle power to il-
luminate the interior.
(E) Beer may be served upon the
premises of the permittee outside of
the building for tivhich the permit ktas
been issued, but the source of supply
shall be maintained in the building.
Provided, however, that additional
sources of supply may be established
and maintained upon the premises of a
permittee outside of the building upon
the following conditions: When mak-
ing the original application fora per-
mit, for the building, the applicant shall
state therein that he desires a Class
"B" Permit for the building and also
for the premises outside of the building
and the number of sources of supply
he proposes to use for such purpose
and he shall pay a permit fee of $100.00
for each of such sources of supply In
addition to the permit for the building,
and if dancing is to be conducted upon
such premises a "dine and dance" li-
cense shall be secured therefor, as here-
in provided.
(F) The place must be equipped at
all times with tables and seats suf-
ficient to accommodate twenty-five peo-
ple at one time.
(G) Food for consumption with beer
must be provided.
(H) The permittee, his agent or
servant, shall not give any beer, or
promote the sale of beer by the gift
of any lunch, meal or articles of food,
except pretzels, cheese or crackers.
Par. 500. SANITARY REQUIRE-
MENTS. Section 18. The following
shall be exacted as minimum sanitary
requirements in all places for tyhich
Class "B" Permits are issued:
(A) Every part of the building
where beer is sold, dispensed, and con-
sumed shall be maintained in a clean
and sanitary condition at al] times.
(B) Vessels used for drinking sltall
be cleansed and sterilized in the fol-
lowing manner: After use, the ves-
sels shall be rinsed either in running
water fom a water tap connected with
City water supply or in a clean sink
filled with water having a capacity of
at least 5 gallons. The water in such
sink shall be changed often enough eo
as to Prevent the same from becom-
ing foul. The vessel shall then be
immersed for at least a minute in a
bath containing a chlorine solution
furnished from sterilizers of sodium
hyperclilogite, or powder form, hav-
ing at least 100 Parts per 1,000,000 of
pure chlorine. This solution shall be
contained either in an enamel Pan, or
in a separate tank, impervious to the
action of chlorine and shall be changed
at least twice a day. It shall be made
fresh every morning and evening. The
vessel shall then be placed upon a
drain board, top down, until dry. If,
however, it is to be used before it is
dry, it shall be rinsed in a third sink
containing clear water.
(C) Washing sinks shall be proper-
ly piped and connected to the sewer
so as to carry the waste water away
from the premises. If for some reason
such connection is not Possible or prac-
ticable, other means may be author-
ized as the Board of Health may con-
sider sanitary and proper.
(D) All drinking vessels shall be
washed daily in hot water containing
a washing compound and shall then
be irnntersed in a chlorine solution and
dried with a clean towel.
(E) Chlorine solution shall be used
as a disinfectant and deodorant in
kitchens, refrigerators, toilet bawls
and lavatories.
(F) Toilet facilities shall be pro-
vided. for the convenience of patrons.
Where men and women frequent such
places, separate toilets and washing
lavatories shall be Provided far each
sex, having entrances thereto as far
apart as possible. Each toilet room
shall be plainly marked so as to dis-
tinguish one from the other. Where
two or more toilet compartments are
adjacent to each other, the partitions,
separating the same, shall extend from
the floor to ceiling and be built of
sound-proof construction. In case the
exterior walls enclosing a toilet do
not extend to the ceiling, then such
walls shall extend at ]east 8 ft. from
the Hoar and the whole enclosure shall
be covered with a ceiling, In such
case, the interior partition shall ex-
tend to such ceiling. All toilets and
washing lavatories shall be piped, con-
nected with the sanitary sewer. Where
a sanitary server does not exist, such
connections shall be made to a Prop-
erly installed septic tank.
(G) Toilet rooms shall be ventilated
either by a window having an area of
at least 4 sq. Feet through an outside
wall or by a skylight, having an area
of at Least 4 sq. feat equipped with
a proper ventilator. Where a window
156
ecial Session, June 14th, 1935
or skylight cannot be installed, a vent
stack of appropriate size shall be
erected through the roof or the same
may be cormected to an unused chim-
ney leading to the roof,
(H) Toilet rooms shall be lighted
at all times by means of natural or
artiRcial facilities.
(1) Toilet rooms shall be kept free
from advertising signs or placards and
from indecent writings and drawings,
Par. 507. DANCING. Section 19.
Dancing between the sexes shall be
allowed in places operating under Class
"B" Permits providing the following
requirements are complied with:
(A) At ]east 600 sq, ft. of floor
apace, exclusive of fixtures, booths,
chairs, and tables, shall be yrovided
and maintained, on the same floor
where beer is sold, dispensed and con-
sumed.
(B) A "Dine and Dance" license
shall be secured for which an annual
fee of $26.00 shall be exacted and paid
in advance. Such license shall be is=
sued only to a Class "B" beer Permit
Holder.
Par. 508, SAME. Section 20. Danc-
ing shall not be permitted on Sunday
nor on other days except between the
hours of 11 o'clock A. M, and 1 o'clock
A. M. the following day.
Par 509, SAME. Section 21. Danc-
ing shall be conducted in a quiet, or-
derly and peaceful manner and with-
out disturbance or annoyance to the
surrounding neighborhood,
Par. 610. SAME, Section 22. A
"Dine and Dance License" may be
revoked whenever improper or disor-
derly conduct is permitted in the place
and shall be revoked when and if the
beer permit for the saute place is re-
voked. There shall be no refund al-
lowed on such licenses.
Yar. 511. CLOSING HOURS. Sec-
tion 23. The sale or consumption of
beer in places operating under Class
"B" Permits of all descriptions shall
not be permitted from 12 o'clock mid-
night on Saturday until 7.o'clock on
the following Monday morning nor be-
tween the hours of 1 o'clock A. M.
and 0 o'clock A, iVI. on other days of
the week. These same hours shall ap-
ply to the sale or delivery of beer by
Class "C" Permit Holders.
Par. 512. LIQUOR ON PREMISES.
Section 24. No liquor for beverage
purpose, having an alcoholic content
greater than 4% by weight, shall be
sold, dispensed, given away or used in
any place operating under a Class "B"
permit, nor shall any such liquor be
kept on the premises of such permit-
tee at any time; except drug stores
regularly and continuously employing
a registered pharmacist, which have
alcohol in stock for medicinal pur-
poses.
Par. 513. LABEL. Section 25. No
beer shalt be sold unless the battle,
keg or other container in which it is
sold shall bear a label reading; "This
beer does not contain more than 4%
of alcohol by weight."
Par. 514. MINORS. Section 26.
Minors shall not be permitted to serve
beer ar be employed in serving beer in
the place of any permit holder in
which the business of selling beer con-
stitutes more than 60% of the gross
business transacted therein.
Par. 515. SAME. Section 27. Na
person, except parent or guardian,
shall furnish beer to any minor under
21 years of age, by gift, sale or other-
wise.
Yar. 516. CONSUMPTION ON
STRL+`ETS. Section 28. Na person
shall drinlt or consume beer upon the
public streets or highways, or in au-
tomobiles or other vehicles on said
streets or highways.
Par. 517. REVOCATION OPTION-
AL. Section 29. Whenever It shall ap-
pear to the Council that the holder or
holders oP any Class "B" or Class "C"
permit has:
(A) Violated any of the provisions
of the State Beer law; or
(B) Violated any of the provisions
oP this ordinance; or
(C) Permitted the place of business
to be conducted in a disorderly man-
ner, as herein defined, said Council
may revoke the permit When a per-
mit has been revoked for any of the
foregoing causes no new permit shall
Ue granted to the same Party within
one year thereafter and the Council
may, at its discretion, refuse to issue
a permit for the same premises for a
period of one year thereafter.
Par. 518. REVOCATION MANDA-
TORY. Section 30, Whenever it shall
appear to the Council that the holder
or holders of any Class "B" or Class
"C" permit has been:
(A) Convicted of a felony; or
(B) Convicted of the sale of beer
contrary to the State Beer Law.
(C) Convicted of bootlegging; or
(D) Convicted of the sale of liquor
contrary to law, or
(E) Convicted of violating any of
the provisions of this Ordinance the
Council shall revoke such permit.
When a permit has been revoked far
any of the foregoing causes, the holder
or holders of such permit shall not
again be allowed to secure a permit
nor shall a person whose permit has
been revoked be an employee of any
person engaged in the manufacture,
distribution or sale of beer, and the
Council may, at its discretion, refuse
to issue a permit Por the same prem-
ises for a period of one year there-
after.
Par, 519. "DISORDERLY CON-
DUCT" DEFINED. Section 31. The
]tolder of a pertnit shall be deemed to
conduct his place of business in a dis-
orderly manner whenever intoxicating
liquor, other than legal beer, is sold,
kept, dispensed, given away or per-
mitted to be consumed in, about, or
upon the premises having a beer per-
mit, except in the case of drug stores
regularly and continuously employing
a registered pharmacist, which' have al-
cohol in stock for medicinal and com-
pounding purposes; or whenever beer
is sold to or pertitted to be consumed
by persona under 21 years of age in
such place of business except in the
presence of parent or guardian; or
wherever beer is sold or consumed in
such places of business during the
hours when the sale or consumption
thereof is prohibited hereby; or when-
ever dancing in such places of busi-
ness having a "dine and dance license"
is carried on in violation hereof; or
when ioud, Uoisterous and disorderly
noises or actions are permitted in such
places; or whenever immoral or intox-
icated persons are permitted to fre-
quent, solicit, pander or loiter in or
about such places of business or in
places or rooms conducted in connec-
tion therewith; or wherever gambling
or gambling devices are maintained or
operated therein, or wherever the mix-
ing of liquors with beer or non-intox-
icaring beverages is permitted. The
holder of the permit shall be respon-
sible far the conduct of his business,
whether the same is actively conduct-
ed by him or by his employees.
Session, June 14th, 1935 1S7
Par. 520. BOTTLING. Section 32.
Beer for sale shall be bottled only Uy
holders of Class "A" Permits. The
premises where Class "A" Permits are
in operation shall be approved by the
Board of Health, whose duty it shall
be to inspect the same.
Par. 521, SAVING CLAUSE. Sec-
tion 33. ]f any section, subsection,
clause, sentence or phrase of this Or-
dinance is for any reason held to be
invalid by a court of competent juris-
diction, such decision shall not affect
the validity of the remaining portion
of this Ordinance.
Par, 522. PENALTY. Section 34,
Any person, firm or corporation who
violates any of the provisions hereof,
in addition to having his permit re-
voked, shall, upon conviction, be pun-
ished by a fine of not to exceed $100.00
or imprisonment not to exceed 30 days
In jail.
Par. b23. REPEALING CLAUSE,
Section 36. All ordinances heretofore
enacted upon this subject, shall be and
the same are hereby repealed.
Par. 624. EFFECTIVE DATE OF
CERTAIN PROVISIONS. Section 36.
Class "B" Permit holders are hereby
granted until July 1, 1935, to make
whaiever changes In their places of
Uusiness as are necessary to comply
with Section 18 hereof relating to
SANITARY REQUIREMENTS, but no
permit shall be granted after that date
until and unless such requirements are
fully complied with.
Par. 525. PASSAGE AND ADOP-
TION. Section 37. This Ordinance be-
ing deemed urgent and for the preser-
vation of the public peace, health and
safety, shall Ue 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 and second reading.
this 7th day of June, 1936.
Passed, adopted and approved upon
final reading this 14th day of June,
1936.
M. R, KANE,
Mayor.
JOHN K. CHALMERS,
W. S. ROBERTS,
PETER SCHILTZ,
F. M. JAEGER,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Published officially in the Telegraph-
Herald newspaper June 18th, 1936.
J, J. SHEA,
6-18-1t. City Clerk.
Councilman Roberts moved `the
adoption of the ordinance. Seconded
by Councilman Jaeger. Carried by
the following vote:
Yeas -Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None.
Council Proceedings for the month
of April, 1935, presented for ap-
proval.
Councilman Schiltz moved that
the Council Proceedings for the
month of April, 1935, be approved ae
printed. Seconded by Councilman
Jaeger. Carried by the following
vote:
Yeas -Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None.
Proof of publication, certified to
by the publishers, of the list of
claims for which warrants were
drawn during the month of May,
1935, presented and read.
Councilman Schiltz moved that
the proof of publication be received
and filed. Seconded by Councilman
Jaeger. Carried by the following
vote:
Yeas -Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz,
Nays-None.
Petition of Rev. B. W. Frommelt,
St, John the Baptist Church, Peosta,
Iowa, requesting permission to place
a banner across Main Street, be-
tween Sth sand 9th Streets, for the
purpose of announcing the annual
Parish Picnic presented and read.
Councilman Roberts moved that
the prayer of the petition be gt'ant-
ed. Seconded by Councilman Jaeger.
Carried by the fallowing vote:
Peas -Mayor Kane, Councilmen
Chalmers, Jaeger, Robel'ts, Schiltz,
Nays-None.
Communication, of W. A. Madden,
Manager, Iowa State Employment
Service, requesting the City Council
to appropriate, for the fiscal year
beginning July 1st, 1935, and ending
June 30th, 1936, the sum of $336.00
from City Funds for office expenses
of the Iowa State Employment Ser-
vice presented and read.
Councilman Roberts moved to re•
fer the communication to the City
Council, Seconded by Councilman
Chalmers, Carried by the following
vote:
Yeas -Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None.
Communication of Geo. G. Ehren-
borg Co., Appraisal Engineers, Dal-
las, Texas, relative to the equaliza•
tion of the tax assessments in the
City of Dubuque and for the instal-
lation of their "Standard Unit Sys-
tem" presented and read.
Councilman Schiltz moved to re•
fer the communication to the City
Council, Seconded by Councilman
Jaeger. Carried by the, following
vote:
Yeas -- Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz,
Nays-None,
Petition of Iowa Produce Com-
pany requesting permission to in•
stall a 160-gallon gasoline tank in
the rear of their building at 33 Main
Street, the tank to be placed in the
ground on Shields Street, presented
and read.
Councilman Roberts moved to re-
fer the petition to the City Council
to view the grounds. Seconded liy
Councilman Chalmers. Carried by
the following vote:
Yeas - Mayor Kane, Councilmen
,H .
t
158 Special Session, June 14th, 1935
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None.
Petition of Anna Floret' Lagen, re-
ferred to the City Council by the
Board of Supervisors, requesting the
suspension of the 1933 and 1934
taxes on Lot 2 of 15 and Lot 2 of
16 in G. W, Rodgers' Sub. presented
and read,
Councilman Schiltz moved to re-
fer the petition to the City Solicitor
for investigation and report. Sec-
onded by Councilman Chalmers.
Carried by the following vote:
Peas -Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None.
Communication of Retail Mer-
chants Bureau requesting the City
Council to enforce the ordinance
with regard to distributing handbills
presented and read,
Councilman Roberts moved to r~
fer the communication to the City
Manager. Seconded by Councilman
Schiltz. Carried by the following
vote:
Yeas -Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-Novo,
Communication of 0. A. Reynolds,
Secretary, Dubuque Chamber of
Commerce, stating that at a meet-
ing of the Board of Directors of the
Chamber of Commerce, he was re-
quested to bring to the attention of
the City Council the matter of se•
curing the approval for an appro-
priation covering the construction of
a highway along the river front from
United States Dam No. 11 possibly
to Fourth Street and stating that it
was the general opinion at said
meeting that the City of Dubuque
should purchase a sand pump in or-
der to fill in lowly situated munic-
ipal property, including Ham's Is-
land, presented and read,
Councilman Roberts moved to re-
fer the communication to the City
Council. Seconded by Councilman
Jaeger. Carried by the following
vote:
Yeas -Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None.
Petition of Geo. Rettenmaier re-
questing the City Council to amend
the Zoning Map and Ordinance in
order that Lots 10, 12 and 14 in
Wick's Addition may be changed
to Local Business District also with
the attached signatures of Conrad
Kohlman, et al, stating that they
have no objections to the extension
of the Local Business District to
include Lots 10, 12 and 14 Wicks
Addition, presented and read.
Councilman Roberts moved to re-
fer the petition to the Planning and
Zoning Commission. Seconded by
Councilman Schiltz. Carried by the
following vote:
Yeas-Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None.
Dubuque, Iowa,
June 10th, 1935.
To the Honorable Mayor and City
Council of the City of Dubuque,
Iowa.
Gentlemen: The Local Board of
Review appointed by your Honor-
able Body to equalize the taxes for
the year 1935 beg to advise that it
has completed its work after hav-
ing been in session from the first
Monday of May, 1935. We have had
a number of complaints and have
made personal inspection in each
instance. Hereto attached you will
find all assessments equalized by
the Board, There being nothing fur-
ther to do the Board has taken final
adjournment.
ED. McEVOY,
Chairman.
THEO. P. GABRIEL,
J. W. LUNDIN,
Members, Board of Review.
Attest: J. J. SHEA,
Clerk, Board of Review.
The Board was in session twen-
ty-five days at which sessions were
present the members of the Board
as follows:
Edward McEvoy, present 25
sessions at $8.00 per ses-
sion ............................................$200.00
Theo. P. Gabriel, present 25
sessions at $8.00 per ses-
sion ............................................ 200.00
J, W. Lundin, present 25 ses-
sions at $8,00 per session.... 200.00
Total ........................................ $ 600.00
Respectfully submitted,
J. J. SHEA,
Clerk, Board of Review.
Councilman Jaeger moved that
the report of the Board of Review
be approved and placed on file and
that warrants in the amount of
$200.00 each be ordered drawn on
the City Treasurer in favor of Ed-
ward McEvoy, Theo. P. Gabriel and
J. W. Lnndin for services rendered
as members of the Board of Review.
Seconded by Councilman Schiltz.
Carried by the Following vote:
Yeas--Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None.
Resolution No. 80-35
Whereas, applications for Class
"B" Beer Permits have been sub-
mitted to this Council for approval
and the same have been examined:
Now, therefore,
Be it resolved by the Council of
the City of Dubuque that the fol-
Session, June 14th, 1935 159
]owing 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:
Wm. Schaffhauser (St. George
Hotel), 57fi Central Avenue.
William Savory, 827 Dodge St.
Millard Poquette, 923 Main St.
R, D. Hughes (Central Hotel),
1000 Central Ave.
Dell Warren, 1fi9fi Central Ave.
Frank J. Weber, 189 Locust St.
Albert Friedman, 332 W. 8th St.
Elmer Eppler, 1 Locust St,
Harry V. Grode, 1540 Central Ave.
A. J, Eisenegger, 1105-07 Iowa St.
John Stemm, 1298 Main St.
Emil Leiser and Hugh Kress, 1348
Central Ave.
Lea J. Roth, 399 E. 20th St.
Andrew D. Karigan (Caney Island
Lunch), 720 Main St.
Mrs. Cecelia Weber, 431 Rhom-
berg Ave.
John D. Flynn, 450 W. Locust St.
Robert J. Quinlan, 1091 White St.
John Mayerle, 400 Central Ave.
Steve Koliopoulos (Coney Island
Lunch), 493 Main St.
Frank W. Childers, 574 E. 16th St.
Daniel McDonald, 216 W. 1st St.
Theodore E. Anthony, 1179 Iowa
St.
Karl Page (The Page Hotel), 73-
75 E. 4th St.
Passed, adapted and approved this
14th day of June, 1935.
M. R. KANE,
Mayor.
JOHN K. CHALMERS,
W. S. ROBERTS,
PETER SCHILTZ,
F, M. JAEGER,
Councilmen,
Attest: J. J, SHEA,
City Clerk.
Councilman Schiltz moved the ad-
option of the resolution. Seconded
by Councilman Chalmers. Carried
by the following vote:
Yeas-Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None.
There being no further business,
Councilman Schiltz moved to ad-
journ. Seconded by Councilman
Jaeger. Carried by the following
vote:
Yeas-Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None.
J. J, SHEA,
City Clerk,
Approved ....................................1935,
Adapted ........................................1935•
Councilmen: d ........................................
Attest : ..................................................
City Clerk,
160 Special Session, June 19th, 1935
CITY COUNCIL
(Official)
Special Session, June 19th, 1936.
Council met at 5:00 P. M.
Present-Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz,
City Manager Evans.
Meeting called by order of Mayor
Kane and Councilman Chalmers.
Mayor Kane read the call and
stated that service thereof had been
duly made and that this meeting is
called for the purpose of approving
applications for Class "B" Beer Per-
mits and acting on any other busi-
ness as may properly come before
a regular meeting of the City Coun-
cil.
Communication of Miss Anna
Kirkpatrick regarding the rejection
of her beer permit and stating that
she did not think she had been giv-
en afair deal, presented and read.
Councilman Schiltz moved to re-
ceive and file the communication.
Seconded by Councilman Jaeger.
Carried by the following vote:
Yeas-Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None.
Petition of Mrs. Charles Palen,
990 West 3rd Street, requesting that
a building permit be issued to An-
ton Zwack, General Contractor, for
the remodeling of the interior of
her residence, presented and read.
Councilman Schiltz moved that
the City Solicitor be instructed to
draw up proper proceedings far the
amending of the Zoning Map as the
same applies to the lot ;of _Mrs.
Charles Palen located at 990 West
3rd Street. Seconded by Councilman
Jaeger. Carried by the following
vote:
Yeas-Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None.
Petition of Ida A. Eichmann, re-
ferred to the City Council by the
Board of Supervisors, requesting
the suspension of the 1934 taxes
an Lot 221 Finley Addition, present-
ed and read.
Councilman Schiltz moved to re-
fer the petition to the City Solicitor
for investigation and report. Sec-
onded by Councilman Jaeger. Car-
ried by the following vote:
Yeas-Mayor Kane, Couucilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None.
Petition of George M. Gruber, re-
ferred to the City Council by the
Board of Supervisors, requesting
the suspension of the 1932, 1933 and
1934 taxes on West 170 feet of Lot
2 of Sub. 282 Davis Farm Addition,
presented and read.
Councilman Schiltz moved to re-
fer the petitien to the City Solicitor
for investigation and report. Sec•
onded by Councilman Jaeger. Car•
ried by the following vote:
Yeas-Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz,
Nays-None.
Communication of J. A. McMahon,
Agent, requesting the City Council
to order the payment of $28.29 as
rental charges for the year 1935 for
the use of Lots 280 and 281, East
bubuque Addition, which lots are be-
ing used by the City of Dubuque for
storage and recreational purposes,
presented and read.
Councilman Roberts moved that a
warrant in the amount of $28.29 be
ordered drawn on the City Treas•
urer in favor of J. A. McMahon,
Agent, for rental charges for the
year 1935 for the use of Lots 280
and 281, East Dubuque Addition, the
said property being used by the City
of Dubuque for storage and recrea-
tional purposes, one-half to be
charged to the General Fund and
the other half to be charged to the
Recreation Fund. Seconded by Coun-
cilman Schiltz. Carried by the fol-
lowing vote:
Yeas -Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None.
Communication of Syl McCauley,
Recreational Director, requesting
the City Council to reconsider their
previous action in directing the re-
moval of the playground equipment
located on Lots 280 and 281, East
Dubuque Addition, and to notify Mr.
J. A, McMahon, Agent, that the Re•
creation Commission will continue
to use this property for the present
presented and read.
Councilman Jaeger moved that the
communication of the Recreational
Director be made a matter of record.
Seconded by Councilman Schiltz.
Carried by the following vote:
Yeas -Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None,
Report of the Board of Health for
the month of March, 1935, presented.
Councilman Roberts moved that
the report of the Board of Health for
the month of March, 1935, be re•
ceived and placed on file. Seconded
by Couucilman Schiltz. Carried by
the following vote:
Yeas -Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Sckiltz.
Nays-None.
Claim of Jessie Freeman, Adminis-
tratrix of the Estate of Jahn Free-
man, deceased, in the amount of
$7,500.00 for injuries received which
Special Session, June 19th, 1935 161
resulted in the death of John Free-
man caused by tripping and falling
on a defective sidewalk and a stump
of tree protruding above the level
of the sidewalk in front of property
numbered 917 and 917~/z on .the west
side of Garfield Avenue presented
and read.
Councilman Schiltz moved to refer
the Claim to the City Solicitor. Sec-
onded by Councilman Jaeger. Car-
ried by the following vote:
Peas -Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None.
Resolution Na. 81--35.
Whereas, applications for Class
"B" Beer Permits have been sub-
mitted to this Council for approval
and the same have been examined;
Naw, Therefore,
Be Tt Resolved by the Council of
the City of Dubuque that the follow-
ing applications be and the same are
hereby approved and it is ordered
that the premises to be occupied by
such applicants shall be forthwith
inspected:
Name. Address.
Henry P, Lemper, 2776 Jackson
Street.
Mrs. M. Berwick, 400 Iowa Street.
William E. Kretz, 504 Central
Avenue.
John H. Hillard, 2403 Central
Avenue.
Frank R. Gregory, 1105 Julien
Avenue.
Raymond J. Stoltz, 234 West Ninth
Street.
Norbert W. Brodeur, 1080 Julien
Avenue.
Alois J. Ender, 1703 Maple Street.
Frank C. Scheirer, 1736 Central
Avenue.
Mrs, Caroline Machinek and John
Stieber, 3165 Central Avenue.
Joseph J. Machinek, 1399 Jackson
Street.
Philip Hollenberger, 1044 Central
Avenue.
Joseph A. Beecher, 24th and White
Streets.
Stanley Wiedner, 1804 Central
Avenue.
Albert V. Poire, 603 Rhomberg
Avenue.
Klauer Julien Hotel Company, 2nd
and Main Streets.
Leo Cunningham and John M.
Thompson, 203 West 1st Street.
Charles K. Petrakis, 1958 Central
Avenue.
Passed, adopted and approved this
19th day of June, 1935.
M. R. KANE,
Mayor.
JOHN K. CHALMERS,
W. S. ROBERTS,
PETER SCHILTZ,
F, M. JAEGER,
Councilmen.
Attest; J. J. SHEA,
City Clerk.
Councilman Schiltz moved 'the
adoption of the resolution. Second-
ed by Councilman Chalmers. Carried
by the fallovying vote:
Yeas -Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None.
Councilman Roberts moved that
the request of Emma Meyer be
granted and that she be allowed to
pay the delinquent special assess-
ment installments levied against
Frank and Emma Meyer for the im-
proving of Custer Street upon the
payment of the principal plus 6%
interest and advertising costs, the
balance of the penalties and interest
to be waived, and the Treasurer to
be instructed accordingly. Seconded
by Councilman Schiltz. Carried by
the following vote:
Yeas -Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None.
Ordinance No. 10-35. An Ordin-
ance regulating the use of vehicles
upon the streets of the City of Du-
buque; designating the provisions
hereof as "The TraB'ie Code" of said
City; repealing all Ordinances or
parts of Ordinances in conflict here-
with; and providing a penalty for
violation hereof, presented and read.
Councilman Roberts moved that
the reading just had be considered
the first reading of the ordinance.
Seconded by Councilman Jaeger.
Carried by the following vote:
Yeas - Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None.
Councilman Roberts moved to sus-
pend the rules requiring an ordin-
ance to be read on three separate
days. Seconded by Councilman
Chalmers. Carried by the following
vote:
Yeas -Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None.
The ordinance was then read a
second time.
Councilman Roberts moved that
the reading just had be considered
the second reading of the ordinance.
Seconded by Councilman Jaeger.
Carried by the following vote;
Yeas -Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None.
162 Special Session, June 26th, 1935
Verbal report of City Manager
Evans recommending that the re-
quest of the Iowa Produce Company
far permission to instal] a 160-gallon
gasoline tank in the rear of their
building at 33 Main Street, said tank
to be placed in the ground in Shields
Street, be granted, presented.
Councilman Schiltz moved that the
recommendation of City Manager
Evans be approved. Seconded by
Councilman Chalmers. Carried by
the following vote:
Yeas -Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz,
Nays-None.
There being no further business,
Councilman Jaeger moved to ad-
journ. Seconded by Councilman
Schiltz. Carried by the following
vote:
Yeas -Mayor Kane, Councilmen
Chalmers, Jaeger, Roberta, Schiltz,
Nays-None.
J, J. SHEA,
City Clerk.
Approved ......................................1935
Adopted ........................................1935.
Councilmen: i ........................................
Attest : ..................................................
City Clerk.
CITY COU CIL
(Official.)
Special Session, June 26th, 1935,
Council met at 5:60 P. M.
Present-Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz,
City Manager Evans.
Meeting called by order of May-
or Kane and Councilman Chalmers.
Mayor Kane read the call and
stated that service thereof had been
duly made and that this meeting
is called for the purpose of con-
ducting a public hearing upon a
pIoposal to amend and change the
Zoning Map of said City as the
same applies to certain districts pro-
vided for therein as follorva:
1. By changing from "MULTI-
PLE FAMILY RESIDENCE DIS-
TRICT" to "LOCAL BUSINESS DIS-
TRICT" Lot No. 1 of the Sub. of
Lot No. 11 of part of G, R, West's
Dubuque Addition; and the East 20
feet of the North 65 feet of Lot No.
2 of the Snb. of Lot No. 11, said
addition, from "SINGLE FAMILY
RESIDENCE DISTRICT" to "LO-
CAL BUSINESS DISTRICT."
2. By changing from "TWO FAM-
ILY RESIDENCE DISTRICT" to
"LOCAL BUSINESS DISTRICT" Lot
No. 2 of Sub. of Lot No. 5 and Lot
No. 2 of Sub. of Lot No. 6 in Brecht's
Addition.
3. By changing from "TWO FAM•
ILY RESIDENCE DISTRICT" to
"LOCAL BUSINESS DISTRICT" the
East 68 feet of the North 62 feet
of Lot No. 24, L. H. Langworthy's
Add., and the East 12 feet of the
West 92 feet of the North 62 feet
oP Lot No. 24 in said addition.
4. By changing from "TWO
FAMILY RESIDENCE DISTRICT"
to "LOCAL BUSINESS DISTRICT"
Lot Na. 1 of the Sub, of Lot No.
3 of Lot No. 107, Lot No. 2 of the
Sub. of 1 of 2 of Lot No. 107; and
the North 44 feet of the West 11
feet of Lot Na. 1 of the Sub, of 1
of 2 of Lot No. 107, in L. H. Lang-
worthy's Addition.
6. By changing from "SINGLE:
FAMILY RESIDENCE DISTRICT"
to "LOCAL BUSINESS DISTRICT"
the South one-third. of Lot No. 1
of the Sub. of South 16 feet of Lot
No. 156, and Lota No. 157 and No.
158 in Ftnley's Addition.
6. By changing from "TWO FAM-
ILY RESIDENCE DISTRICT" to
"LOCAL BUSINESS DISTRICT"
Lot No. i of the Sub. of 1 of City
Lot No. 731.
7. By changing from "TWO FAM-
ILY RESIDENCE DISTRICT" to
Special Session, June 26th, 1935 163
"LOCAL BUSINESS DISTRICT" the
Northwest 60 feet of Lot No. 5 of
Kniest's Sub.; Lots No. 11 to No. 20
both included, of 5medley's Sub.;
Lots Ne. 12 to No. 33 both included,
of High Street Sub.; and Lots No.
17 to Ne. 40, both included, of Cook's
Addition.
Such other business will be acted
upon as may properly come before
a regular meeting of the City Coun-
cil.
Proof of publication, certified to
by the publishers, of notice of public
hearing upon a proposal to amend
and change the Zoning Map of said
City as the same applies to certain
districts provided for therein as
follows :
1. By changing from "MULTIPLE
FAMILY RESIDENCE DISTRICT" to
"LOCAL BUSINESS DISTRICT" Lot
No. 1 of the Sub. of Lot No. 11 of
part of G. R. W-est's Dubuque Addi-
tion; and the East 20 feet of the
North 65 feet of Lot No. 2 of the
Sub. of Lot No. 11, said Addition,
frotn "SINGLE FAMILY RESIDEN-
TIAL DISTRICT" to "LOCAL BUSI-
NESS DISTRICT."
2. By changing from "TWO FAM-
ILY RESIDENCE DISTRICT" to
"LOCAL BUSINESS DISTRICT," Lot
No. 2 of Sub. of Lot No. 5 and Lot
No. 2 of Sub. of Lot No. 6 in Brecht's
Addition.
3. By changing from "TWO FAM-
ILY RESIDENCE DISTRICT" to
"LOCAL BUSINESS DISTRICT" the
East 68 feet of the North G2 feet of
Lot No. 24, L. H, Langworthy's Add.,
and the East 12 feet of the West 92
feet of the North G2 feet of Lot No.
24 in said Addition.
4. By changing from "TWO FAM-
ILY RESIDENCE DISTRICT" to
"LOCAL BUSINESS DISTRICT" Lot
No. 1 of the Sub. of Lot No. 3 of
Lat No. 107; Lot No. 2 of the Sub.
of 1 of 2 of Lot No. 107; and the
North 44 feet of the West 11 feet of
Lot No. 1 of the sub. of 1 of 2 of
Lot No. 107, in L. H. Langworthy's
Addition.
5. By changing from "SINGLE
FAMILY RESIDENCE DISTRICT"
to "LOCAI, BUSINESS DISTRICT"
the South one-third of Lot No. 1 of
the Sub. of South 16 feet of Lot
No. 156, and Lots No. 157 and No.
15S in Finley's Addltion.
6. By changing from "TWO FAM-
ILY RESIDENCE DISTRICT" to
"LOCAL BUSINESS DISTRICT" Lot
No. 1 of the Sub. of 1 of City Lot
No. 731.
7. By changing from "TWO FAM-
ILY RESIDENCE DISTRICT" to
"LOCAL BUSINESS DISTRICT" the
Northwest 50 feet of Lot No. 5 of
Kniest's Sub; Lots No. 11 to No. 20,
both included, of Smedley's Sub.;
Lots No. 12 to No, 33, both in-
cluded, of High Street Sub.; and Lots
Ne. 17 to No. 90, both included, of
Cook's Addition.
presented and read. Councilman Jae-
ger moved to receive and file the
proof of publication. Seconded by
Councilman Schiltz, Carried by the
following vote:
Yeas -Mayor Kane, Councilmen
Chalmers, Jaeger, Roberta, Schiltz,
Nays-None.
Petition of V, F, Seymour et al.
objecting to the proposed change in
the Zoning Map ~as the same affects
the South one-third of Lot 1 of the
Sub. of South 16 feet of Lot 156, and
Lots 157 and 158 of Finley's Addi-
tion by changing the same from a
Single Family Residence District to
a Local Business District presented
and read.
Councilman Jaeger moved to re•
ceive and file the petition. Seconded
by Councilman Schiltz. Carried by
the following vote:
Yeas -Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None,
Ordinance No. 11-35
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 Local
Business Districts certain defined
territory now delimited as Multiple
Family Residence District, Two Fam-
ily Residence District and Single
Family Residence District, and de•
Glaring an emergency, presented and
read.
Councilman Schiltz moved that
the reading just had be considered
the first reading of the ordinance,
Seconded by Councilman Jaeger,
Carried by the following vote:
Yeas-Mayor Kane, Councilmen
Chalmers, Jaeger, Roberta, Schiltz.
Nays-None.
Councliman Schiltz moved to sus-
pend the rules requiring an ordin-
ance to be read on three separate
Jaya, Seconded by Councilman
Chalmers. Carried by the following
vote:
Yeas-Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None.
The ordinance was then read a
second time.
Councilman Schiltz moved that
the reading just had be considered
the second reading of the ordinance.
Se ondbd by Councilman Jaeger.
C~rried by the following vote:
Yeas-Mayor Kane, Councilmen
(~halmers, Jaeger, Roberts, Schiltz.
Nays-None,
Ordinance No. 10-35
An Ordinance regulating the use
of vehicles upon the streets of the
City of Dubuque; desighating 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 violation hereof, said
;~ :a
~•
164
1 Session, June 26th, 1935
ordinance having been passed upon
first and second readings on Tuns
19th, 1935, presented and read a
third time.
ORDINANCE N0, 1Q-35
An Ordinance regulating the use of
vehicles upon the streets of the City
oY Dubuque; designating the pro-
visions hereof as "The Traffic Code"
of said City; repealing all Ordinances
or parts of Ordinances in conflict here-
with; and providing a penalty for vio-
lation hereof.
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF DU-
BUQUE:
PAR. 526. Section 1. For indentift-
cation and convenience this Ordinance
shall be known as "The Traffic Cade"
and all prosecutions hereunder may
thus be referred to.
PAR. 527, Section 2. In order that
certain terms used herein may be un-
derstood, they are defined as follows:
A. DEFINITION OF TERMS.
(a) "14lotor Vehicles" shall include
all vehicles propelled by any power
other than muscular power, except
traction engines, road rollers, cranes,
articles of husbandry, and such vehicles
as are run only upon tracks or rails,
(b) "Other Vehicles" are vehicles
of every description other than those
classified under the term of "Motor
Vehicles."
(c) "Motor Cycles" shall include all
motor vehicles designed to travel on
not more than three wheels in con-
ta,ct with the ground, and of not ex-
ceeding ten horsepower, and of not
more than 500 pounds in weight un-
laden,
(d) "Trailer" is any vehicle which
is drawn by another vehicle,
(e) "Street" is that part of the
Ctty between lot lines which is platted
and set apart far vehicle travel and
shall include alleys, boulevards, and
avenues.
(f) "Intersecting Streets" are any
streets which join another at an angle
whether crossing the other or not.
(g) "One-Way Street" is any street
which is divided longitudinally by a
park or parkway, viaduct or walk.
(h) "Parking Areas" are places set
apart for parking oY vehicles at an
angle to the curb.
(i) "Automatic Signal Devices" are
any traffic signal devices which are
automatically operated,
(j) "Boulevard" is a street or com-
bination of streets set apart herein
whereon traffic has the right of way
over intersecting streets and which
are so designated by appropriate
signs.
(k) "Business District" is the terri-
tory contiguous to a street where fifty
per cent or more of the frontage there-
on for a distance of 300 feet or more
is occupied by buildings in use for
business.
(1) "School District" is the territory
contiguous to a street far a distance
of 200 feet in either direction from a
school house.
(m) "Residence District" is the
territory contiguous to a street, not
comprising the business or school dis-
tricts, where forty per cent or more
of the frontage on such street, for a
distance of 300 feet or more is occu-
pied by dwellings or by dwellings and
buildings in use for business,
(n) "Suburban District" is all other
part of the City not included in the
business, school or residence districts,
(o) "Curb" is the lateral boundary
of the street.
(p) "Bicycles" are any two wheeled
vehicles propelled by foot power.
(q) "U-Turn" means the turning
from one side to the other on a street
and proceeding in a reverse direction.
(r) "To Park" means the leaving
of a vehicle either attended or un-'
attended by a driver or occupant.
(s) "Fire Area" means the area em-
braced within two blacks in all di-
rections where a fire is in progress.
(t) "Official Parking Signs" mean
such signs as have upon them the
words, "Police Regulation."
(u) "Authorized Emergency Ve-
hicles" mean vehicles of the fire and
pollee departments and Clty Ambulance.
PAR, 528. Section 3. The follow-
ing Rules and Regulations shall gov-
ern the operation of all vehicles upon
the streets of this City;
B. RULES AND REGULATIONS,
1-Duty of Operator.
RULE 1-Vehicles shall be operated
in a careful and prudent manner hav-
ing due regard for the safety and con-
venience of other vehicles and pedes-
trian traffic on the street.
RULE ~--Vehicles shall keep to the
right hand side of the center of the
street.
RULE 3-On a "One-Way street"
vehicles shall keep to the right side
of the park, parkway, or walk divid-
ing the street.
RULE 4-Slow moving vehicles shall
keep as close as passible to the right
hand curb so as to allow more swiftly
moving vehicles free passage to the
left. When overtaken by a swifter
moving vehicle proceeding in the same
direction, upon a signal being given
by the operator of the overtaking ve-
hicle by the sounding of some signal
device, the driver of the overtaken ve-
hicle shall cause the same to be driven
as closely as possible to the right
hand curb and remain in that posi-
tion until the overtaking vehicle shall
have safely passed. In passing a ve-
hicle, the driver of the passing vehicle
shall not turn to the right, or in front
of the vehicle just passed, until he
can do so safely attd without danger
of collision.
RULE 6-Vehicles meeting shall pass
each other to the right. A vehicle ap-
proaching from the rear shall pass
another vehicle to the left. However,
where a vehicle has stopped near the
center of the street to make a left
turn, such vehicle may be passed on
the right.
RULE 6-The driver of a vehicle
shall before stopping, turning, or
changing his course, first see that
there is sufficient space to make such
movement in safety and shall give a
visible or audible signal to a cross-
ing officer, if there be such, or to the
drivers of vehicles following of his in-
tention to make such movement. This
shall be done by the use of some sig-
nal device attached to the vehicle in
Session, June 26th, 1935 165
such a manner that it can easily be
seen by vehicles fallowing or by ex-
tending-the arm from the side of the
vehicle and indicating therewith the
intention of the operator in the fol-
lowing manner:
When the turn is to be to the left,
the arm shall be extended straight out
from the side and by pointing to the
loft with the index finger. When a
stop is to be made, the arm shall be
extended out and downward. When
turning around, a circular motion shall
be made with the arm. VPlten backing
up, the arm shall be extended and a
back motion shall be made with the
palm o! the hand to the rear Unless
the signal is given to the traffic officer,
no signal is necessary before making a
right hand turn.
RULE 7-R~he driver of a vehicle
which has stopped at the curb shat]
first see that he can proceed in safety
before leaving such position, and then
shall extend his arm From the side of
the vehicle and drive slowly parallel
with the curb, if possible, fora rea-
sonable distance before turning to the
left into the street.
RULE 8-In the business district
the driver of a vehicle shall not back
the same between other vehicles then
standing upon the street in order to
park his vehicle between such ve-
hicles unless he can do so without
interfering with traffic and unless there
is sufficient space so that such ve-
hicle when parked will be parallel
with the curb and will leave at least
four feet of clear space between the
vehicles in front and to the rear of
such vehicle.
RULE 9-Vehicles turning to the
right from one street into another
shall turn the corner as near the right
hand curb as possible, and in tmming
to the left from one street to another,
shall pass to the right of and beyond
the center before turning.
RULE 10-A vehicle turning to the
right front one street into another
shall have the right of way over ve-
hicles traveling on the street into which
it is turning, except at street inter-
sections where traffic signals are oper-
ated, where such turn shall be made
in accordance with RULE 56 hereof.
RULE 11-A vehicle turning to the
left into another street or driveway
shall give right oP way to vehicles on
the street into which it is turning, and
to the vehicles on the street on which
the turn is being made.
RULE 12-"U-Turn" shall not be
Permitted on Main Street from West
2nd to West 13th Streets, both inter-
sections included; on Central Avenue
from 4th to 24th Streets, both inter-
sections included, except that the in-
tersection of 18th Street shall be ex-
cluded; and on West 8th Street from
Central Avenue to Bluff Street, both
intersections included, In malting "U-
Turns" the driver of the vehicle shall
keep his arm extended from the side
of the vehicle until such turn is com-
pleted.
RULE 13-No vehicle shall over-
take and pass another vehicle at street
intersections in the business district.
RULE 14-Where two vehicles are
approaching on any street so that their
paths will intersect and there is danger
of collision, the vehicle approaching
the other from the right shall have
the right of way; providing, however,
that vehicles coming from alleys and
private driveways, where the view is
obstructed, shall stop immediately be-
fore entering a street and shall give
the right of way to vehicles traveling
in the street.
RULE 16-The driver oP a vehicle,
when approaching the intersection of
streets, where a traffic officer is sta-
tioned, shall promptly obey all direc-
tions given by such officer. At thea-
tres, public gatherings, or under mr
usual circumstances on any occasion,
the driver shall stop or move his ve-
hicle as directed by a police officer in
charge.
RULE 16-Vehicles shall not be
driven through a parade or procession
without permission of a police officer.
RULE 17-No person under fifteen
years of age shall operate a motor
vehicle by permission from the owner
unless such person is accompanied by
a person of at least nineteen years
of age.
RULE 18-No person shall operate
a motor vehicle or motorcycle while
under the influence of intoxicating
liquors.
RULE 19-No motor vehicle shall
be driven on the street at any time
with the muffler cut out or not in
operation.
RULE 20-The operator of a motor
vehicle shall not permit the motor of
the same to operate in such a manner
as to visibly omit an unduly gi•eat
amount of steam, smoke or products
of combustion from exhaust pipes or
openings.
Rule 21- A11 vehicles which are so
loaded that the materials being car-
ried thereon extend beyond the end
of the vehicle for mare than seven
feet shall, in the day time, carry a
red flag at or near the end of the load
so that the same can be easily seen,
and at night time, shall have a red
]amp displayed at or near the end of
the load so that the same can be seen
for a distance of at least one hundred
feet to the rear. This rule applies to
cars or vehicles which are being trail-
ed or towed over the streets,
Rule 22- The driver of a vehicle
shall not back the same unless such
movement can be made in safety.
Rule 23- A vehicle shall not be driv-
en within or upon any sidewalk area
except at a permanent or temporary
driveway.
Rule 24- Upon the approach of an
authorised emergency vehicle giving
audible signal by bell, siren. or other
instrument, the operator of every
vehicle shall immediately drive the
same to a position as near as possible
and parallel to the right hand curb
of the street, clear of any intersec-
tion, and shall stop and remain in
such position until such emergency
vehicle or vehicles shall have passed,
unless otherwise directed by a police
officer.
2, Restriction of Vehicles
Rule 25- Heavily laden vehicles
shall not be permitted to travel over
Main Street from West 2nd. to West
13th. Streets, and upon ouch other
streets as the City Council may, by
resolution, from time tc time pre-
scribe, except for actual loading or un-
loading purposes, and only then within
such block or blocks from or to
which the loading or unloading is to be
made.
Rule 26- Tractors or other ma-
chinery moving on caterpillar wheels
~,I ~
~~
Special Session,
or having heavy lugs shall not be
permitted to he moved over any of
the streets without first securing a
route from the City Manager, and
it shall be unlawful to move such
vehicles over any street other than
shown in such routing instructions.
Buie 27- Vehicles used for the col-
lection of garbage, manure, dead ani-
mals, and offensive offal of every kind
are prohibited from using Locust,
Main and Iowa Streets and Central
Avenue from 3rd. to 18th, streets be-
tween the hours of 8 A. M. to 10
P. M.. All such vehicles shall be
covered when loaded.
Rule 28- Circus parades shall be
permitted only with the approval of
the Clty Manager who shall prescribe
the streets which may be used. Circus
vehicles, except in parades, shall not
be drawn over streets paved with soft
top materials whenever a hard top
street can be used.
Rule 29- Other parades and pro-
cessimis may be held under such rules
as the bIanager and Chief of Police
may prescribe, but information regard-
ing the nature of the same shall be
given to such officers in advance.
Rule 30-It shall be unlawful for any
person traveling upon a bicycle, motor-
cycle, coaster, sled, roller skates, or
any toy vehicle to cling to or attach
such vehicle to any other vehicle mov-
ing upon the street.
3. Weight, Load, Dimensions
Rule 31- The total maximum load of
any one wheel of any vehicle, in-
cluding the weight of the vehicle and
the load it carries, shall be four tons
for vehicles equipped with pneumatic
tires or three and one half tons for
vehicles equipped with solid rubber
tires, provided the total maximum
weight of any vehicle or combination of
vehicles and load shall not exceed
twelve tons plus four hundred fifty
pounds for each foot, or fraction there-
of, of distance between the front and
rear axles oP the vehicle or first and
last axles of a combination of ve-
hicles. Twe ar more wheels on the
same end of a given axle shall be
considered as one wheel.
Rule 32- No motor vehicle equipped
with solid ribber tires shall be opera
fed over the streets if such tires art
worn to such an extent that the
tread of the fire is at any point less
than one inch from the tip of tl}e
flange to the rim. Nor shall such
vehicle be operated jf one or more of
the tires have became damaged in
such a way as to produce an uneven
tread, causing a pounding action on
the road surface,.
Rule 33- The maximum width of
any motor vehicle and load shall be
]invited to eight Peet.
Rule 34- No passenger motor vehi-
cle shall carry any load extending be-
yond the line of the fenders on the
left side of such vehicle,
Rule 35- No motor vehicle, trailer, or
semi-trailer, which with or without
load exceeds twelve feet in height shat]
be operated over the streets. Nor
shall any such vehicles, except fire ap-
paratus, be so operated which ex-
ceed thirty feet in length over a11,
nor any combination of such vehicles
f've lfeetognthlengthhloverxall,l except
as the same may be authorized by the
statutes of this State.
4. Brakes, Lights and License Plates
Rule 3G- Every motor vehicle shall
be provided with good and adequate
une 26th, 1935
brakes, a suitable horn, bell or other
signal device producing an abrupt
sound sufficiently loud to serve as an
adequate warning of danger of the ap-
proach of such vehicle, but such signal
device shall not be unnecessarily. seund-
ed except as a warning of danger.
Signalling devices shall be sounded in
approaching curves, tops of hills and
intersecting streets were the view is
obstructed. Laud signalling devices
shall not be used during the period of
from one hour after sunset to one hour
before sunrise, unless necessary to
avoid accidents, and they shall nqt
be used for any purpose at night
except while the vehicle is in motion.
Rule 37-Motor vehicles required to
be licensed under the laws of Iowa
shall have conspicuously displayed
clean number plates of the current
year, one on the front and one on the
rear end of such vehicle, each se-
curely fastened.
Rule 38-The certificate of registra-
tion issued by the County Treasurer
shall be displayed in the container
furnished by the Department. Such
certificate container shall be attached
to the vehicle in the drivers compart-
ment, so that the same may be plain-
ly seen without entering the car.
Rule 39-Motor vehicles while in use
on the streets, except motor cycles,
motor bicycles, and such motor vehi-
cles as are properly equipped with oqe
light in the front center thereof shall
during the period of from one-half hour
after sunset to one-half hour after
sunrise, display two or more tinted
or white lights, other than red, on
the frmrt part of such vehicle, so
placed as to be seen from the front,
and of sufficient illuminating power
to be visible at a distance of five
hundred feet in the direction in which
displayed, and to reveal any person,
vehicle, or substantial object seventy-
five feet ahead of the lamps.
Rule 40-Motor vehicles, when in use
or parked, shall also display on the
rear a ]amp so constructed and placed
as to show a red light from the rear
and throw a white light directly upon
the rear registration number and
render the numerals thereof visible
far at least fifty feet in the direction
from which the vehicle is proceeding.
Motor vehicles, motor cycles, and
motor bicycles equipped with one
center front ]amp, shall display on
the front part one white or tinted
light ahead and a red light to the
rear, so constructed and placed as to
throw a white light directly upon the
registration number, This rule as to
rear lights shall also apply to vehi-
cles which are trailed or towed by
other vehicles.
Rule 91-No light device shall be
used upon any vehicle that is over
four candle power equipped with a re-
flector unless the same is so design-
ed or arranged that the directly reflect-
ed and undiffused beam of such light
when measured seventy-five feet or
more ahead of the light shall not rise
above forty-two inches from the level
surface on which the vehicle stands
under all conditions of load. This
rule applies also to auxiliary lights
that riay be attached to the front
and tail lights.
Rule 42-If a spot light ]s used by
a motor vehicle the operator shall not
direct its rays towards the eyes of
the driver or occcupants of an ap-
proaching vehicle or to the left of the
center of the travelled way when meet-
ing another vehicle.
Special Session, June 26th, 1935 167
Rule 43-No lighting device shall be
used that has a greater capacity than
thirty-two candle power no matter
ho~v the same may he shaded, covered or
obscured.
Rule 44-No person shall turn off
or extinguish any or all of the lights
on a motor vehicle for the purpose
of avoiding arrest or identification.
Rule 45-Bicycles shall display one
white light in front and one red
light in the rear during the same time
required of other vehicles.
Rule 40-Every vehicle more than six
feet in width, measured at the widest
point of the vehicle or load, shall carry
on each of the four corners of the
body an electric clearance lamp of not
to exceed four candle power or a re-
flex reflection so placed as to clearly
outline the limits of the body; the
said lamps or reflectors so placed on
the front of the same to cast or re-
flect a green ray of light and said
lamps or reflectors carried on the rear
of the body to cast or reflect a red ray
of light.
Rule 47-Any vehicle or combination
of vehicles of more than thirty-three
feet in length over all shall display a
white marker light not to exceed tour
candle power, or a white reflector on
both right and left side at intervals
of not to exceed twenty feet.
5. Busses
Rule 43-Busses used for the trans-
portation of passengers shall come to
a full stop before crossing railroad
tracks and shall not proceed further
until it has been found that no train
is approaching.
Rule 49-In loading and unloading
passengers, busses shall draw up to
the curb and stop at the near side
of street intersections. Where spaces
have been set apart for bus stops,
other vehicles shall not be allowed
therein.
Rule 60-The rules and regulations
herein prescribed for other vehicles
shall apply with equal force to the
operation of busses.
6. Railroads
Rule 51-No street crossing over
which tracks of a steam railway are
laid s7iall be obstructed by any train,
locomotive, oar or any part thereof,
far more than five minutes at a time,
and if it is necessary for such a
train to remain stationed for a longer
period of time, then the same shall
be separated and the street crossing
opened for traffic.
Rule 52-Railroad cars shah not be
parked or left standing at night on
railroad tracks in or near the center
and East line of Washington and Jack-
son Streets within fifteen feet of the
North property lines of .East Sth,
Street, of East 9th. Street, and of
East 10th. Street.
Rule 53-Where gates are maintained
at Railroad crossings, they shall be in
good working order and repair and
shall be lowered before the approach
of any train or car a sufficient length
of time to afford traffic upon the
street to come to a stop, and shall be
raised only after such train or car
has passed. At night such gates shall
be equipped with warning lights of
sufficient size and number to indi-
cate their presence. Whenever gates
are replaced by electrically or manual-
ly controlled orossing signals, such sig-
nals shall be at all times in good
working condition and state of repair
and shall be so operated as to furnish
adequate prptection for traffic at
such crossings.
7. Automatic Signal Devices
Rule 54-Wherever automatic de-
vices are maintained, operators of ve-
hicles shall move the same in compli-
ance therewith. When the red light is
displayed the vehicle shall be brought
to a stop and shall not proceed until
the light changes to green, except
where a right hand turn is made as
Hereinafter provided far. When the
amber light is displayed, the operator
shall prepare to stop his vehicle, The
significance of the lights is as fol-
lows:
(A) The green is the signal to go;
(B) The amber is the signal to get
ready to stop; and (C) The red is
the signal to stop. No vehicle shall
cross an intersection when either the
red or amber lights are displayed.
Rule 56-Left hand turns shall not
be permitted at any street intesectiona
where traffic signals are in operation
except upon and when the green light
is displayed in the direction the vehicle
is proceeding.
Rule 6G-A right hand turn may be
made when either the green, red or
amber lights are displayed. Provided,
however, that, if the turn is to lie
made to the right when the red light
is displayed, the operator of the vehicle
shall first bring the same to a com-
plete stop, then he may proceed to
make the turn, giving right of vvay,
however, to the vehicle and pedes-
trian traffic then on the street and
proceeding in obeyance to the traffic
signals.
Rule 57-Pedestrians in crossing
streets, shall obey the same rules as
apply to vehicles were traffic signals
are in operation,
Rule 58-At intersections where traf-
fic is controlled by signals or by police
officers, drivers of vehicles shat] yield
the right of way to pedestrians crossing
the street on a green or "GO" signal,
and in all other cases pedestrians shall
yield the right of way to vehicles pro-
ceeding directly ahead on the
green or "GO" signal. Vehicles
shall yield the right of way
to pedestrians crossing the street
within any marked or unmarked cross
walls. Whenever any vehicle has stop-
ped to permit a pedestrian to crass a
street at an intersection, the driver
of any other vehicle approaching from
the rear shall not pass such stopped
vehicle.
8. Signs
Rule 59-No person shall willfully
deface, hijure, move or otherwise ifi-
terfere with an official traffic sign or
signal.
Rule 60-No person shall place, main-
tain or display upon or in view of
any street any sign, signal or device
which purports to be, is an imitation
of, or resembles an official traffic sign
or signal, or whisk attempts to direct
the movements of traffic, or which
hides or interferes with the view of
any official sign or signal. Every such
prohibited sign shall immediately bi;
removed by the Chief of Police.
9. Speed
Rule G1-The operator of a motor
vehicle or motor cycle shall have the
same under control and shall reduce
the speed of the same to a reasonable
and proper rate when approaching and
passing a person walking in a street;
when approaching and passing an ani-
mal being led, driven or ridden upon
a street; and when approaching and
traversing a curve, or a steep decent
in a street, and shall, in addition, give
a warning signal of his approach.
= 166
168 Special Session, June 26t11, 1935
Rule 02-The operator of a motor
vehicle shall drive the same in a care-
ful and prudent manner and at a rate
of speed that will not endanger the
life or property of another, and in no
event at a greater speed than as fol-
lows:
(A) In the residence district, 25 miles
per hour;
(B) In the business district and in
the School district, 15 miles per hour;
(C) In the suburban districts at a
speed not greater nor less than is
reasonable and proper or at a speed
greater than will permit him to bring
it to a stop within the assured clear
distance ahead.
10. Boulevards
Rule G3-The follotiving named streets
and park of streets are designated and
set apart as boulevards:
A. Jackson Street from the North
line of East 14th. to the South line
of East 20th, and from the North line
of East 20th. to the North line of
East 32nd.
B. East 14th. Street from the East
line of Jackson to the East line of
Central Avenue; West 14th, Street from
the West line of Central Avenue to the
East line of Locust Street, and from
the Nest line of Locust Street to the
intersection of West 14th. with Delhi
Street, and Delhi Street from West
14th. to its Westerly terminus.
C. North and South Grandview Ave-
nue ft•onr the South line of Delhi to the
North line of Rockdale Road.
D. Rockdale Road from its South
Westerly terminus to South Locust
Street, thence on South Locust Street
to the North Line of Dodge Street,
thence on Locust Street to the South
line of West 8th Street, thence on Lo-
cust Street from the North line of West
Sth. to the South Line of West 17th„
thence on West Locust Street to
Seminary Street, thence on Seminary
Street to St. Ambrose Street, thence
on St. Ambrose Street to Asbury Street,
and thence on Asbury Street to the
worth line of Delhi,
E. West 8th. Street from the West
line of Locust Street to the West line
of Julien Avenue; thence on Hill Street
from the West line of West 8th. Street
to the North Line of West Third
Sheet.
F. tiVest 5th, Street from the West
line of Wilson Street to the West
line of College Street.
G, tiVest 12th. Street from the West
line of Locust Street to Grove Ter-
race; thence on Grove Terrace to the
Vyest line of Arlington and thence
an Arlington Street to the West line
of Highland Place.
H. East and West 4th, Streets from
the Westerly approach to the High
Bridge to the East line of Locust
Street.
I. Rhomberg Avenue from the West
approach to the Dubuque-Wisconsin
Bridge to the East line of Elm Street;
thence on East 20th Street from the
East line of Elm Street to the East
line of Central Avenue.
J, West 3rd. Street from the West
line of Winona Street to the East line
of North Grandview Avenue.
K. Dodge Street from the West line
of Bryant Street to the East line of
North Grandview Avenue.
L. Central Avenue from the North
line of Fourth Street to the Northerly
terminus of said Avenue.
Rule 04-All vehicles shall come to
a fttll stop before entering and travera-
ing the foregoing boulevards from in-
tersecting streets,
Rule 65-The driver of any vehicle
who has stepped in obedience to a
boulevard stop sign shall not proceed
to traverse the boulevarded street un-
til such movement can be affected
without danger of collision with vehi-
cles traveling thereon. However, after
having stopped and thus yielded the
right of way to such vehicles, it may
be driven into and upon such street
and other vehicles then upon the same
shall permit such vehicle to proceed.
11. Parking
Rule 56-Except in emergency cases
to avoid accidents, or to allow pe-
destrians or vehicles to pass, or in
obedience to a signal from a traffic
officer, or in obedience to a traffic
signal device, no vehicle shall stop
in a street unless the right side there-
of is next to and parallel with the curb
and as near thereto as the condition
of the street will permit. However,
vehicles may be parked at an angle to
the curb wherever parking areas have
been established. Parking areas are es-
tablished by drawing lines upon the
street in the form of boxes and stalls.
In parking vehicles within such boxes
or stalls the right front wheel shall
rest against the curb and the body of
the vehicle shall remain within the
outline of such boxes or stalls. Vehi-
cles having a greater length than
twenty feet aver a11. shall ,not be
permitted to park at an angle upon any
street.
Rule 67-A vehicle shall not be hack-
ed up to the curb except for the pur-
pose of loading and unloading freight
or merchandise and, in such cases,
shall not remain longer than the ac-
tual loading or unloading requires. If
horses are attached to such vehicle
the same shall be turned at right ang-
les to the vehicles and in the direc-
tion in which the traffic on the street
is moving, except at the public market.
Loading and unloading shall not be
done in the business district where the
same can be done from an alley.
Rule 68-No vehicle shall be left
standing upon any street in the busi-
ness district within Yifteen feet of a
corner or fifteen feet of a hydrant or
fire plug.
Rule 69-No vehicle shall be left
standing in front of or within fifteen
feet of either side of the entrance to a
theatre, auditorium, hotel, or other
building where large assemblies of
people are being held, except in tak-
ing on or discharging passengers or
freight, and then only for such length
of time as is necessary for such
purpose.
Rule 70-No motor vehicle shall be
left unattended upon any street with
the motor running.
Rule 71-No vehicle shall be left
standing while showing a red light
parallel to and within twenty-Five
feet of railroad tracks.
Rule 72-No vehicle shall be per-
mitted to stop or stand within street
intersections, except in cases of acci-
dents.
Rule 78-Vehicles aha]I not be al-
lowed to be stopped, parked, or placed
on a cross-walk, on a side-walk, or
along side or opposite any street ex-
cavation or obstruction when such
stopping, standing or parking at suL7r
places would interfere with traffic on
the street, except when necessary to
avoid conflict with other traffic or in
compliance with the directions of a
police officer. No truck, bus, van, or
Special Session, June 26th; 1935 169
vehicle used for the carrying of freight
or merchandise, shall be parked, or per-
mitted to stand in front of the resi-
dence property o[ others so as to inter-
fere with free accessibility thereto for
a longer poriod than is reasonably
necessary. The intent of this rule is
to prohibit the parking or placing of
such vehicles in front of residence
property to the inconvenience of abut-
ting residences unless the parking or
placing of such vehicle is reasonably
necessary when taken in connection
with the purpose for which ouch ve-
hicles are used or needed.
Rule 74-Vehicles when standing on
streets at night, are required to ex-
hibit ared rear light unless they are
so located that their presence can be
distinguished by street lights.
Rule 75-Vehicles shall not be parked
between the hours of 9 A. M. and 0 P.
M., Sunday and holidays excluded, for
a longer period of time than one hour
on the following named streets;
(A) Upan Main Street from West
2nd. to West 13th. Street;
(B) Upon Locust Street from West
7th to West 10th Streets;
(C) Upon West 6th, West 6th.,
West 7th., West 8th., West 9th., and
West 10th. Streets from Iowa to Locust
Streets.
Rule 7G-Vehicles shall not park upon
streets interesecting boulevards within
fifteen feet of a "BOULEVARD-STOP"
sign.
Rule 77-Parking of vehicles shall
not be permitted in front of private
drive-ways or garages, either upon
streets or alleys, so as to interfere
with the entrance to or exit from such
driveways or garages.
Rule 78-Whenever circumstances
arise which, in the judgment of the
City Council, require that parking of
vehicles be temporarily suspended upon
a street or alley, it shall direct the
Chief of Police to erect official "NO
PARKING" signs upon such street ar
alley, and during such period, the
parking of vehicles shall not be per-
mitted thereon.
Rule 'r9-No vehicle shall be per-
mitted to park within a "FIRE AREA"
either in the street or in the alley.
If any vehicle is parked within such
area at the time of afire, it shall
be immediately removed,
12. Obstructions in Streets
Rule 80-In the business district the
operator of a bicycle shall not park or
place the same against the curb with
any part thereof extending into the
traveled portion of the street.
Rule 81-No person shall place rocks,
stones, or other substances in the
street nor allow stones, rocks, or other
substances which have fallen from hie
vehicle to remain in the street, but he
shall immediately remove the same
therefrom.
13. Accidents-Reports
Rule 8rAny person operating a
motor vehicle who knows that in the
operation of such vehicle, injury has
been caused to a person due to the
fault of the operator or because of acci-
dent, must, before leaving the place of
the accident, give aid to the injured
party as the circumstances may reason-
ably require; he must also give his
name and street address, if any, and
the registration number of his vehicle
to the injured party. In case the in-
jured party is too seriously injured
to receive it, he must give such infor-
mation to same mature person accom-
ponying the injured party, and in
the absence of such person, to some
apparently disinterested bystander.
Thereafter he shall immediately report
the accident, together with said in-
formation, at the office of the Chief of
Police.
Rule 83-The operator of a motor
vehicle who knows that, in the opera-
tion of said vehicle, injury has been
caused to property because of the
fault of the operator or through acci-
dent, must, before leaving the place
of said injury, give the registration
number of his vehicle and his name and
address, if any, to the owner or
person in charge of such injured pro-
perty. If such owner or person be not
then present, said operator shall put
the information fn writing and, if prac-
ticable, securely affix said writing to
said injured property in some conspic-
ious place or post the same in a place
as near as practicable to the place of
injury, and report the same to the of-
fice of the Chief of Police.
14. Operators License
Rule S4-That the word "operator"
herein used, shall mean every person,
other than a chauffeur, who is in
actual physical control of a motor
vehicle upon the streets and public
places of the City of Dubuque, and the
term "person" shall mean every natural
person.
Rule 86-It shall be unlawful for
any person to operate a motor vehicle
upon the streets and public places
of the City of Dubuque, except a
chauffeur, unless such person shall be
first duly licensed as provided by the
laws of the State of Iowa.
Rule 83-It shall be unlawful to dis-
play or permit to be displayed or to
have in possession any operator's li-
cense knowing the same to be fictitious
or to have been cancelled, revoked,
suspended or altered.
Rule 87-It shall be unlawful to lend
or knowingly permit the use of, by
one not entitled thereto, any oper-
ators' license issued to the person so
lending or permitting the use there-
of.
Rule 88-It shall be unlawful to dis-
play or to represent as one's own any
operators' license not issued to the
person so displaying the same.
Rule 89-It shall be unlawful for any
person to cause or knowingly permit
any minor under the age of 16 years
to drive a motor vehicle upon a street
or public place of the City of Dubuque,
as an operator, unless such minor shall
have first obtained a license to so
drive a motor vehicle under the laws
of the .Slate of Iowa.
Rule 90-It shall be unlawful to au-
thorize or knowingly permit a motor
vehicle owned or under the control of
a Person, to be driven by another per-
son v.•ho has no legal right to do so.
Rule 91-It shall be unlawful for any
person whose license has been suspend-
ed or revolted, to drive any motor ve-
hicle upon tite streets or public
places of the City of Dubuque while
such license is suspended or revoked.
Par. 529, Section 4. No person, firm
or corporation shall, except in cases of
cmergency, sell gasoline upon the
sheets by drawing the same from tank
wagwts or other containers for use in
motm• vehicles unless such containers
are located below the surface of the
street.
Par. 530, Section 5. No person shall
repair or cause to be repaired any
170 Special Session, June 26th, 1935
vehicle in the streets or alleys, ex-
cept in cases of emergency.
Yar. 531, Section 6. No person shalt
Park or permit to be parked any ve-
hicle upon the streets or alleys merely
for the purpose of displaying It Far
sale or storing it while not in use,
nor small any vehicle be parked or op-
erated upon the streets which, by loud
speakers or mechanical devices, is used
to advertise events or the safe of
goods, wares or tnerchandise.
Par. 532, Section 7. Vehicles shall
not be permitted to be parked between
the hours of 12 midnight and 8 a. m.
upon such streets as are cleaned by
sweeping or flushing,
Par, 533, Section 8, Na person shall
cause to be mado any unnecessary
noise by the racing of motors or in the
movement of vehicles bet`veen the
hours of 11 P. M. and 6 A. M.
Par. 534, Sectio^ 9. No person shall
stand in a roadway for the purpose of
soliciting a ride from the operator of
a private vehicle,
Par. 535, Section 10. All ordinances
or parts of ordinances in conflict here-
tvith a,re hereby repealed.
Par. 536, Section 11. Any person,
firm, or corporation violating any of
the provisions of this ordinance shall
be deemed guilty of a misdemeanor
and upon conviction shall be punished
by a fine of not to exceed $100 or Im-
prisonment for not more than thirty
days in jail.
Par. 537, Section 12. If any rule,
section, or part of this Ordinance fs ue-
clared invalid by the Courts, such de-
cisiun shall not affect the Valid por-
tion hereof.
Yar. 538, Section 13. This ordinance
being deemed urgent and in the inter-
est of public peace, health, and con-
venience shall be in fmroe and effect
from and after its final passage and
adoption by the City Council and pub-
lication as provided by law,
Passed upon first and second read-
ings this 19th day of June, 1935.
Passed, adopted and approved upon
final reading this 26th day of June,
1935.
Mayor.
JOHN I{. CHALMERS,
W. S. ROBERTS,
PETER SCHILTZ,
F. M. JAEGER,
Councilmen.
.fittest: J. J. SHEA,
City Clerk,
Published officially in the Telegraph-
Herald newspaper June 27th, 193:.
J. J. SHEA,
6-27.1t. City Clerl:.
Councilman Roberts moved the
adoption of the ordinance. Seconded
by Councilman Schiltz. Carried by
the following vote:
Yeas -Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None.
Petition of John G. Chalmers re-
questing the City Council to amend
the Zoning Ordinance so as to
change a Two Family Residenco Dis-
trict to a Multiple Residence Dis-
trict Lot 1 of Lot 1 of Lot 1 of Lot
4, excepting therefrom the Easterly
69 feet of the Arorth half thereof of
Pauline Langtivorthy's Sub. of Lot
5 of Mineral Lot 73, presented and
read.
Councilman Jaeger moved that the
petition be approved sand the City
Solicitor to be instructed to draw
the proper resolution covering the
same. Seconded by Councilman
Schiltz. Carried by the following
vote:
Peas - Nlayor Kane, Councilmen
Jaeger, Roberts, Schiltz.
Nays-None.
Councilman Chalmers not voting.
Resolution No. 82-35,
Whereas, Chas. Palen, the owner
of Lots 1, 2 and 3 of the Subdivision
of Lot 3 of Mineral Lot 73, iu the
City of Dubuque, has petitioned the
Council of said City, to amend the
Zoning Itiap as delimited by Ordin-
ance No. 3-34 so as to convert said
described real estate from Two Fam-
ily Residence District into a Mul-
tiple Family Residence District; and
Whereas, this Council, upon its
own motion and in consideration of
said request, deems it advisable to
so amend and modify said Zoning
Map in order to affect the change in
the manner stated; and
Whereas, Article XV of said Or-
dinance requires that before further
action is taken with respect to such
proposed amendment the same shall
be submitted to the Planning and
Zoning Commission for its recom-
mendation thereon; Now, Therefore
Be It Resolved by this Council of
the City of Dubuque tlrat the pro-
posal to amend the Zoning Map of
said City by changing said described
rea] estate from Two Family Resi
dente District to Multiple Family
Residence District be submitted to
the Planning and 'Coning Commis-
sion and that said Commission be
and it is hereby requested to submit
to this Council its recommendations
thereon.
Be It Further Resolved that the
City Clerk be and he is hereby di-
rected to file a copy of this Reso-
lution with the Clerk of said Com-
mission.
Passed, adopted and approved this
26th day of June, 1935.
M. R. KANE,
Mayor.
JOHN K. CHALMERS,
W. S. ROBERTS,
PETER SCHILTZ,
F. M. JAEGER,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Schiltz moved the
adoption of the' resolution. Second-
ed by Councilman Jaeger. Carried
by the following vote:
Yeas -Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz:
Nays-None.
Communication of John Robinson
making application to be appointed
to do the scavenger work for the
City of Dubuque presented and read.
Councilman Schiltz moved to refer
the communication to the Board of
Health for their consideration. Sec-
onded by Councilman Jaoger. Car-
ried by the following vote:
Yeas -Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz, i
Nays-None.
Communication of L. A. Donald,
Superintendent, Chicago, Milwaukee,
St. Paul & Pacific Railroad Company
relative to the new paving in close
proximity to their tracks near the
Dubuque Water Worlts Plant in the
vicinity of Rhomberg Avenue and
10th Avenue and stating that it is
satisfactory that the pavement be 38
feet wide and that they be given a
11-foot 9-inch clearance between the
center of their tracks at the closest
point and the back of the curb,thua
avoiding the necessity of moving the
pole line, and with the understand-
ing that the City will execute an
agreement or easement covering the
occupancy of their property by the
paving, presented and read.
Councilman Schiltz moved to refer
the communication to the City Coun-
cil. Seconded by Councilman Jaeger,
Carried by the following vote:
Yeas -Mayor I{one, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None.
Communication of A. W. Felder-
man requesting permission to paint
signs on the sidewalk in front of his
store at 1112 Iowa Street presented
and read.
Councilman Jaeger moved to refer
the communication to the City Coun-
cil. Seconded by Councilman Schiltz.
Carried by the following vote:
Yeas -Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz,
Nays-None.
Bonds of Waldo Adams as Park
Commissioner and Alfred Caldwell
as Parlf Superintendent presented
for approval.
Councilman Roberts moved that
the bond of Waldo Adams as Pat•]c
Commissioner be approved and
placed on file and that bond of Al-
fred Caldwell as Parlt Superinten-
dent be returned to the Park Board
for their approval. Seconded by
Councilman Chalmers. Carried by
the following vote:
Yeas -Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Sahfltz.
Nays-None.
Communication of May M. Clark,
Librarian of Free Public Library, ad-
vising Council that the terms of
Mrs. R. V. McKay, Dr. J. C. Hancock
and Mr. M. H. Czizelf, as members
of the Library Board expires on July
1st, 1935, presented and read.
Councilman Roberts moved that
Mrs. R. V. McKay, Dr. J. C. Hancock
and Mr. M. H. Czizek be reappointed
as members of the Library Board
for the term expiring July 1st, 1941.
Seconded by Councilman Schiltz.
Carried by the following vote:
Yeas -Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None.
Raport of the Board of Health for
the month of April, 1935, presented.
Councilman Roberts moved that
the report of the Board of Health
for the month of April, 1935, be re•
ceived and placed on file. Seconded
by Councilman Chalmers. Carried by
the following vote:
Yeas -Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None.
June 26, 1935.
CERTIFICATE OF CITY
MANAGER.
To the Honorable Mayor and City
Council, Dubuque, Iowa.
Gentlemen: The undersigned here-
by certifies that the contract for the
construction of storm sewers in and
along East 20th Street, Rhomberg
Avenue, Washington Street and Far-
ragut Street, Thos. Flynn Coal Com-
pany, contractor, has been com•
pleted.
I further certify that this work
has been done in accordance with
the plans and specifications and
stipulations of the contract 'and I
would therefore recommend its ac-
ceptance by the Council.
Respectfully submitted,
R. M. EVANS,
City Manager.
Resolution No. 83-35. Resolution
accepting the improvement for the
construction of storm sewers in and
along East 20th Street, Rhomberg
Avenue, Washington Street and Far-
ragut Street presented and read.
Councilman Jaeger moved the
adoption of the resolution. Seconded
by Councilman Schiltz. Carried by
the following vote:
Yeas -Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None.
Communication of Interstate Pow-
er Company confirming conversation
with City Manager Evans as to the
agreemnt that inasmuch as that por-
tion of Shiras Street north of Rhom-
berg Avenue is to be repaired and
rails and ties are to be removed that
the City will do the work and the
Tnterstate Power Company will give
the brick between the rails and one
Special Session, Juue 26th, 1935 171
s
7
172 Special Session, June 26th, 1935
foot outside of the rails, and will
pay the City an amount not in ex-
cess of $100.00 for such repairs, pre-
sented and read, City Manager Ev-
ans recommending that the agree-
ment be accepted and approved.
Councilman Chalmers moved that
the recommendation of City Man-
ager Evans be approved. Seconded
by Councilman Roberts. Carried by
the following vote:
Yeas -Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None.
Communication of Walter L. Gif-
ford, Chairman, Committee for the
Blind, Lions Club of Dubuque, malt-
ing request that Arthur Greene,
blind, be granted the privilege of
erecting a shelter for his pop-corn
equipment under the stairway on the
Northeast corner of Iowa and 12th
Streets presented and read,
Councilman Schiltz moved to refer
the communication to the City Man-
ager for to report back to the City
Council. Seconded by Councilman
Jaeger. Carried by the following
vote;
Yeas -Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz,
Nays-None.
Petition of Veterans of Foreign
Wars requesting permission to hold
a second carnival on the property of
the City of Dubuque adjoining the
Ball Park, namely free use of the
land, during the week of July 8th to
14th, 1935, presented and read,
Councilman Roberts moved that
the prayer of the petition be graht-
ed. Seconded by Councilman Jaeger.
Carried by the following vote:
Yeas -Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None.
Resolution No. 84-35.
A Resolution authorizing the Dock
Board of Dubuque, Iewa, by the Sec-
rotary of said Board, to file a sep-
arate application to the United
States of America, through the Fed-
eral Emergency Administration of
Public Worlts, for a loan and grant
to aid in financing the construction
of One, New, Public Graving Dry
Doclt an the Mississippi River, Du-
buque, Iowa, and designating the
Secretary of the Dubuque Dock
Board, Mr. Jahn Kerper, to furnish
such information as the Government
may request.
Be It Resolved by the City Coun-
cil of the City of Dubuque, Iowa:
Section 1. That the Secretary of
the Dubuque Dock Board, Mr. Jahn
Kerper, be and he is authorized to
execute and file a separate applica-
tion on behalf of the City of Du-
buque, Iowa, to the United States of
America far a 45% grant and 55%
loau to aid in financing the construc-
tion of One, New, Public Graving
Dry Dock on the Mississippi River,
Dubuque, Iowa.
Section 2. That the Secretary of
the Dubuque Dock Board be and is
hereby authorized and directed to
furnish such information as the
United States of America, through
the Federal Emergency Administra-
tion of Public Worlts, may reason-
ably request in connection `vith said
application which is herein author-
ized to be filed.
Passed, adopted and approved this
26th day of June, 1935.
M. R. I{ANE,
Mayor.
JOHN K. CHALMERS,
W. S. ROBERTS,
PETER SCHILTZ,
F, M. JAEGER,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Jaeger moved the
adoption of the resolution. Seconded
by Councilman Schiltz. Carried by
the following vote:
Yeas -Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-Nona.
Resolution No. 85-35
City Council, City of Dubuque, Iowa.
A Resolution authorizing the City
Manager of Dubuque, Iowa, to file
separate applications to the United
States of America, through the Fed-
eral Emergency Administration of
Public Works, for grants to aid in
financing the construction of one
new water tank, one repaving pro•
ject, two new paving projects a.nd
one sanitary sewer project and des-
ignating the City Manager to furnish
such information as the Government
may request.
Be it resolved by the City Coun-
cil of the City of Dubuque, Iowa:
Section 1. That the City Manager
be and he is authorized to execute
and file separate applications on be-
half of the City of Dubuque, Iowa,
to the United States of America, for
grants to aid in financing the con•
struction of the following projects;
(A) New, elevated, steel, 750,000
gallon Water Tank far the Dubuque
City Water Department.
(B) Repaving of Bluff Street
from West Third to West Eighth
Streets.
(C) Paving of Atlantic Street
from West Fourteenth Street to
Rosedale Avenue.
(D) Paving of Belmond Street
from West Fourteenth Street to
Rose Street.
(E) Sanitary Sewer on Fremont
Avenue from near Grandview Ave-
nue to St. Joseph Street.
1 Session, June 26th, 1935 173
Section 2. That the City Man-
ager be and is hereby authorized.
and directed to furnish such infor-
mation as the United States of
America, through the Federal Emer-
gency Administration of Public
Works, may reasonably request in
connection with each application
,which is herein authorized to be
filed.
Passed, adopted and approved this
26th day of June, 1935.
M. R. KANE,
Mayor.
JOHN I{. CHALMERS,
W. S. ROBERTS,
PETER SCHILTZ,
F. M. JAEGER,
Conncilnran Jaeger moved the ad-
option of the resolution. Seconded
by Councilman Schiltz. Carried by
the following vote:
Yeas-Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None.
Resolution No. 86-35
Whereas, applications for Class
"B" Beer Permits have been sub-
mitted to this Council for approval
and the same have been examined:
Now, therefore,
Be it resolved by the Council of
the City of Dubuque that the fol-
lowing applications be and the same
are hereby approved and it is m•d-
ered that the premises to be oc-
cupied by such applicants shall be
forthwith inspected:
William W. Cosley, 1121 Julien
Ave.
Alois Glab, 2991 Central Ave.
Adam J. Bertngen, 530 Main St.
Harold Walser, 1401 Central Ave.
John P. Fury, 1555 Central Ave.
Roshek Bros. Co, 8th and Locust
Sts.
Alva Hall, 1147 Central Ave.
Marie Werner, 2372 Central Ave.
Charles Snyder, 543 W. 8th St.
Sophie McMann, 1236 Iowa St.
Michael J. Graff, 2364 Washington
St.
Fred H. Cooper and Chas. Poch-
ter, 342 W. 8th St.
Timothy O'Regan, 1052 Julien Ave.
Melchior C. Mai, 568 Main St.
George Mossos, 1689 Elm St.
Frank Sand, 115 E. 22nd St.
Maurice A. Hill, 1828 Central Ave.
Albert J. Vogelsberg, 29 W. 8th
St.
Andrew Poulos, 926 Main St.
Albert M. Meyer and Herman
Roesch, 130 W. 8th St.
Frank McLaughlin, 2160 Central
Ave.
George Dell, 1965 Central Ave.
Frank I{lein, 600 Central Ave.
Chris Capretz, 2595 Rhomberg
Ave.
Anton Van Driel and Leo Link,
1487 Central Ave.
A. J. Vogler, 2216 Central Ave.
A. G. Jaeger, 1387-91 Central Ave.
James Slack, 84 Main St.
John T. Shanahan, 623 Main St.
William Horne, 400 Rhomberg
Ave.
Clarence C. Buelow, 1555 So.
Grandview Avenue.
Harald B. Wiegand, 2319 Prince
St.
Michael B. Schnee, 37 W. 8th St.
Thomas R. Peed, 236 W. 7th St.
Hartig Drug Co., Inc., 756 Main
St.
Vern Pape, 2605 Rhomberg Ave.
Joseph A. Hennig, 509 W. 8th St.
George J. Trimpler, 1701 Asbury
St.
J. J. Kenety, 880 Iowa St .
Diamond's Grill, Inc., 900 Main St.
William E. Briggs, 998 Central
Ave.
Wm. Maas, 700 E. 16th St.
John Gaynor, 703 Central Ave.
Nicholas F. Steffen, 378 Main St.
John J. Grommersch, 55 East 7th
St.
John P. Carney, 116 W. 6th St.
Elmer H. Johannsen and Mein-
hard W. Johannsen, N. E. Cor. 6th
and Locust St. (upstairs).
Louis II. Kuehnle, 1301 Rhomberg
Ave.
Carl J. Moes, 698 Central Ave.
Anton Fortmann, 253 Main St.
Mrs. Margaret O'Brien, 241 Main
St.
Frank H. Berntgen, 2186 Central
Ave.
Dominick Gala, 1563 Central Ave.
Walter Mengis, 1618 Central Ave.
Harvey L. Spielman, 303 Main St.
Mike Sand, 2498 Central Ave.
Anton Schmitt, 1298 Washington
St.
Adolph Kochendorfer, 669 Central
Ave.
Joseph Costa, 2408 Central Ave.
Frank Reuter, 2616 Windsor Ave.
Clubs
Loyal Order of Moose, Club No.
355, 850 Iowa St.
Dubuque Club, 9th and Main Sts.
(downstairs).
The Service Club, 951x/2 Main St.
(upstairs).
B. P. 0. E., Dubuque Lodge No.
297, N. W. Cor. 7th and Locust Sts.
The American Legion, Dubuque
Past No. 6, 494 Main St.
The Eagles Lodge, 6th and Locust
Sts.
!F~'
174 Special Session, June 26th, 1935
Passed, adopted and aPPt•oved this
2Gth day of June, 1935.
M. R. KANE;
Mayor.
W. S. ROBERTS,
PETER SCHILTZ,
F. M. JAEGER,
Councilmen.
Attest: J, J. SHEA,
City Clerk.
Councilman Schiltz moved the ad-
option of the resolution. Seconded
by Councilman Jaeger, Councilman
Chalmers moved to amend the reso-
lution so as to exclude those appli-
cants for permits who are not of
good moral character as defined by
the State Law and the City Ordin-
ance regulating the grantings of
beer permits, and as reported by
the Chief of Police. The amend-
ment received no second. Original
motion of Councilman Schiltz car-
ried by the following vote:
Yeas-Mayor Kane, Councilmen
Jaeger, Roberts and Schiltz,
Nays-Councilman Chalmers.
Councilman Roberts moved to sus-
pend the rules for the purpose of
allowing anyone present in the
Council Chamber, who wishes to do
so, to address the Council. Second-
ed by Councilman Schiltz. Carried
by the following vote:
Yeas-Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz,
Nays-None,
Attorney Louis Fautsch addressed
the Council on behalf of Mr. Frank
Miller relative to the granting of his
application fora Class "B" Beer
Clttb Permit.
Concession Agreemnt between the
City of Dubuque, Iowa, 'as owner,
and Mr. Ray J. Cosley, as conces-
sionnaire, for the selling of pop,
ice cream, popcorn, candy, cigars,
gum, etc., at the Municipal Athletic
Field for the outdoor summer and
fall seasons of 1935, presented and
read.
Councilman Jaeger moved that
the City Manager be directed to
execute the Agreement on behalf of
the City of Dubuque. Seconded by
Councilman Schiltz. Carried by the
following vote:
Yeas-Mayor I{one, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None.
Preliminary Information for the
City Council as futnished by City
Manager Evans concerning the 1935,
August, tax levies for fiscal operat-
ing year 1936-37, presented.
Councilman Schiltz moved to refer
the report to the City Council. Sec-
onded by Councilman Jaeger. Car-
ried by the following vote:
Yeas-Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schllt~,
Nays-None,
Councilman Roberts moved that
Martin Schwaegler be granted per-
mission to purchase eithet• Lot No.
8 in lYlcCraney's 1st Addition for the
sum of $419.51 or Lot 7 in McCran-
ey's 1st Addition for the sum of
$40522, said Lots being the property
of the City of Dubuque. Seconded
by Councilman Chalmers. Carried
by the following vote:
Yeas-Mayor Kane, Councilmen
Chalmers,. Jaeger, Roberts, Schiltz,
Nays-None.
There being na further business,
Councilman Jaeger moved to ad-
journ. Seconded by Councilman
Schiltz. Carried by the following
vote:
Yeas-Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None.
J, J. SHEA,
City Clerk.
Approved ......................................1935.
Adopted ........................................1935,
Councilmen i ........................................
Attest : ..................................................
City Clerk.
a
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