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1935 October Council ProceedingsRegular Session, October 7th, 1935 227 CITY COUNCIL (Official) Regular Session, October 7th, 1935, Council met at 7:50 P, M. Present-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz, City Manager Evans. Mayor Kane stated that this is the regular monthly meeting of the City Council for the purpose of acting up• on. such business as may properly come before the meeting. Original Notice of Suit of Louis F. Fautsch, Trustee, Plaintiff, vs. Dubuque Altat• Manufactut•ing Com- pany, a Cm•poration, Dubuque Coun- ty, and City of Dubuque, Iowa, De- fendants, presented and read. Councilman Chalmers moved to re- fer the Original Notico of Suit to the City Solicitor fot• proper attention, Seconded by Councilman Jaeger. Carried by the following vote: Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. Communication of Murphy Tnsnr- ance Agency requesting the cancella- tion and return of the blasting bond of Charles 0. Pape, presented and read. Councilman Chalmers moved that the request be granted and the band ordered retut•ned, Seconded by Coun• Gilman Jaeger, Carried by the fol• lowing vote: Yeas -Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None, Communication of Murphy Insur- ance Agency requesting 4he signing and returning of the release on the excavation bond of George I. Beaves, presented and read. Councilman Chalmers moved that the Excavation Bond of George I. Beaves be held until all work is com• pleted under excavation permits which have been issued and until such a time as no claims may be filed. Seconded by Councilman Jae- ger. Carried by the following vote: Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays--None. Communication of Frederick Cor- bett requesting a refund on his cig- arette permit as he has discontinued the sale of cigarettes as of October 1st, 1935, presented and read. Cduncilman Jaeger moved that the request be granted and that a war• rant in the amount of $75.00 be or- dered drawn on the City Treasurer in favor of Frederick Corbett to cover the amount of refund for tho period from October 1st, 1935, to July 1st, 1936. Seconded by Council- man Schiltz, Carried by the follow- ing vote: Yeas -Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. Communication of Mississippi Val- ley Association advising City Coun- cil that hearings on I, C. C. Docket No, 26712, Rail and Barge Joint Rates will be held in Chicago, Illi- nois, on December 3rd, 1935, and in St. Louis, Missouri, on December 9th, 1935, 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 Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None, Communication of Engineering Ex- tension Service, Towa State College, Ames, Iowa, announcing the 17th An- nual Iowa Sewage Treatment Confer• ence, Iowa State College, Ames, Iowa, on October 31st, November 1st 'and 2nd, 1936, 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, Roberta, Schiltz, Nays-None. Petition of Lauia Lorenz request- ing that the property located at 681 Seminary street, known as Lot 1 of loflofloflandLot2oflofl of 1 of 1 and Lot 1 of 1 of 1A, of J. P. Schroeder Addition, be changed from atwo-family reaidence district to a multiple family residence dis- tt•ict, presented and read. Councilman Schiltz moved to refer the petition to the Planning and Zoning Commission. Seconded by Councilman Jaeger. Carried by the following vote: Yeas -Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. Petition of Jahn L. Kleinschrodt 2660 Queen Street, again making re- quest that a suitable sidewalk be built leading to his residence in or- der that he may receive mail deliv- ery, presented and read. Councilman Roberts moved to re- fer the petition to the City Council. Seconded by Councilman Jaeger. Carried by the following vote: Yeas -Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. Communication of John P. Mettel submitting attached petition of John P. Mettel et al., requesting that De- catur Street between Lincoln Avenue and Rhomberg Avenue be repaired, presented and read. Councilman Roberts moved to re- r\1 ``~ ~.y Y~:.i r~' r;' •' 9 ~,t' . •t . i ~, ,,~!` ',:a 228 Regular Session, October 7th, 1935 fer bath the communication and the petition to the City Manager. Sec- onded by Councilman Chalmers. Car- ried by the following vote: Yeas -Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays--None. Petition of Consumers Coal and Supply Company, Inc., requesting permission to construct a platform 'as outlined on pencil sketch attach• ed, presented and read. Councilman Chalmers moved to re• fer the petition to the City Council to view the grounds. Seconded by Councilman Roberts, Carried by the following vote: Yeas -Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays--None. Petition of Frank Eigenberger, re- fet•red to the City Council of the Board of Supervisors, requesting the suspension of the second half of the 1934 taxes on Lot 138, Glendale Ad- dition, presented and read. Councilman Schiltz moved to t•efer the petition to the City Solicitor for investigation and report. Seconded by Councilman Roberts. Carried by the following vote: Yeas -Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. Petition of Mary J. Ring and Hel• en Junkersdorf, referred to the City Council by the Board of Supervisors, requesting suspension of taxes on North r/z of W. 170 feet of Lot 288, Davis Farm Addition, presented and read, Councilman Schiltz moved to refer the Petition to the City Solicitor for investigation and report, Seconded by Councilman Roberts. Carried by the following vote: Yeas -Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. Petition of Catherine and Mary Keas, referred to the City Council by the Board of Supervisors, r~ questing cancellation of the 1934 taxes on Lot 62 in Cox's Addition, presented and read, Councilman Schiltz moved to refer the petition to the City Solicitor for investigation and report, Seconded by Councilman Roberts. Carried by the fallowing vote: Yeas -Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None, Petition of Amelia H, Link, re- ferred to the City Council by the Board of Supervisors, requesting the suspension of the 1934 taxes on the North half of Lot 4 and South 12.6 feet of Lot 5 of Fosselman's Sub., presented and read. Councilman Schiltz moved to refer the petition to the City Solicitor far investigation and report. Seconded by Councilman Roberts. Carried by the following vote: Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. Petition of Martin Lang, referred to the City Council by the Board of Supervisors, requesting the suspen- sion of the second half of the 1932 taxes and all of the 1933 and 1934 taxes on Lot 400 in Ham's Addition, presented and read. Councilman Schiltz moved to re- fer the petition to the City Solicitor for investigation and report. Sec- onded by Councilman Roberts. Car- ried by the following vote: Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None, Petition of Herman Muellich, re- ferred to the City Council by the Board of Supervisors, requesting the suspension of taxes for the year 1935 on the West 130 feet of Lot 48 in Cox's Addition, presented and read. Councilman Schiltz moved to re• fer the petition to the City Solicitor for investigation and report. Sec- onded by Councilman Roberts, Car- ried by the following vote: Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz, Nays-None, Petition of Mrs. Anna G, Wright, referred to the City Council by the Board of Supervisors requesting the cancellation of the 1934 taxes on the south 30 feet of Lot 53 and the north 10 feet of Lot 54 in Oxford Heights Addition, presented and read. Councilman Schiltz moved to re- fer the petition to the City Solicitor for investigation and report. Sec- onded by Councilman Roberts, Car- ried by the fallowing vote: Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. Petition of Joseph J. Weber, re- ferred to the City Council by the Board of Supervisors, requesting the suspension of the 1934 taxes on the North 42 feet 6 inches of Lot 46 of E. Langworthy's Add., presented and read. Councilman Schiltz moved to re• fer• the petition to the City Solicitor for investigation and report, Sec• onded by Councilman Roberts. Car- ried by the following vote: Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. Petition of Nick Pleimling, refet•- red to the City Council by the Board of Supervisors, requesting suspen• sion of the second half of the 1934 taxes on Lot 6 in New Jackson Sub., presented and read. Regular Session, October 7th, 1935 229 Councilman Schiltz moved to re- fer the petition to the City So- licitor for investigation and report. Seconded by Councilman Roberts, Cart•ied by the following vote; Yeas-Mayot• Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. Petition of Margaret E, Hogan, referred to the City Council by the Board of Supervisors, requesting the suspension of the 1934 taxes on the North half of City Lot 326, present- ed and read. Councilman Schiltz moved to re- fet• the petition to the City Solicitor for investigation and report. Sec- onded by Councilman Roberts. Car• ried by the following vote: Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz, Nays-None. Ordinance No. 13-35 An Ordinance prohibiting the sale or offering for sale of milk or cream within the City of Dubuque which contains bacteria in excess of the ]imitations herein prescribed; pro- viding fot• the inspection and test- ing of all milk intended for sale and distribution as fluid milk or cream: exacting a charge from pro- ducers; providing penalties for vio- lation hereof; repealing all ordin- ances or parts of ordinances in con- flict herewith; and declaring an emergency, said ordinance having been passed upon first and second readings on September 25th, 1935, presented and read a third time. ORDINANCE N0. 13.35 An Ordinance prohibiting the sale or ofering for sale of milk or cream with- in the City oY Dubuque which contains bacteria in excess of the limitations herein prescribed; providing for the in- spection and testing of all milk intend- ed for sale and distribution as fluid milk or cream; exacting a charge from producers; providing Penalties for vio- lation hereof; repsaling all ordinances or pat•ts of ordinances in conflict here- with; and declaring an emergency. BE IT ORDAINED BY THE CITY COliNCIL OF THE CITY OF DU- BU42UE:- Par. 543, Section 1.-Fluid milk or cream, raw or pasteurized, which con- tains bacteria in excess of the limi- tations Herein prescribed shall not be sold or offered far sale at retail within the City of Dubuque. Par. 544, Section 2.-Raw or pas- teurized milk which is intended to be sold or offered for sale within this City at retail as fluid milk or cream shall contain not more than 100,000 bacteria per cubic centimeter. Par. 545, Section 3.-Milk, which is intended for pasteurization by pas- teurizing plants and, thereafter, to be sold or offered for sale within said City at retail as fluid milk or cream, shall contain not more than 500,000 bacteria ner cubic centimeter before pasteuriza- tion. Par. 546, Section 4. To .determine the bacteria coutent, all such milk shall be subjected to two or more monthly tests under the supervision and direc- tion of the Department of Public Health of said City by the use of rec- ognized standards and equipment, at ]east one test to be made within the first half of each month and one or more additional tests to be made be- fore the end of the month. Par. 547, Section 5.-Every person, firm or coprporation engaged as a dis- tributor of milk within said City shall deduct at each delivery period one cent per hundredweight from payments to be made to producers for all milk de- livered by such producers to the dis- tributor; provided, however, that such deductions shad not be made of pro- ducers who are also engaged as dis- tributors. Par. 548, Section G.-Not later than the 15th day •following each delivery period, every distributor shall make a written report to the Department of Public Health of said City showing in hundredweights the amount of milk de- livered to him by producers and shall accmnpany such report with remitt- ances sufficient to cover the required deductions. Each distributor who produces milk sold and distributed by him shall make a like report and payment Tor milk produced and sold by him during the preceding fifteen days and if any part of such milk is delivered to another dis- triliutor the amount thereof shall be reported in like manner and the re- quired payments shall accompany said ref?ort. Such reports shall be filed in the of- fice of the Department of Public Health and all money received shall be paid by said department to the City Treas- urer. The fend thus created shall be available for the payment of the cost and expense of making inspections and tests, as herein provided for, and for such other purposes as may be incidental to the carrying out of the intent of this Ordinance. Par. 540, Section 7.-At the close of each month the Departtent of Pub- lic Health shall submit to the City Manager a detailed report based upon the reports submitted to it by distribu- tors and producer-distributors during' the preceding month and showing the number of inspections and tests made during such month, the amount of fees collected, together with such sugges- tions and recomn?endations -as in its opinion will promote health through the sale of milt and milk products. Par. 550, Section 8.-The Department of Public Health shall cause all in- spections and tests to be made as here- in Provided for and it is hereby de- clared to be the duty of said Depart- ment to condemn al] mills which is in- tended to be sold or distributed at re- tail as fluid milk or cream having a higher amount of bacteria than is here- in permitted. Par. 551, Section 0.-Every person, firm or corporation who, as distributor ar producer-distributor, sells or offers for sale fluid milk or cream at retail which contains a larger amount of bacteria than is hereby fixed as the maximum, shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined not to exceed $100 or imprisoned not to exceed thirty days in jail and, in addition thereto, his license or permit ntay be revoked or suspended by the City Manager. Par. 552, Sectiob 10.-Every distribu- tor or producer-distributor who fails to make the reports and remittances here- in provided for, or who falsifies such reports, shall have his license or permit revolted by the City Manager. Par. 553, Section 11.-The sections or provisions oY any ordinance relating to the sale or distribution of milk within the City of Dubuque which are in conflict herewith are hereby re- pealed but the remaining provisions of ~qi ~ ,. Y, F~ ,, 230 Regular Session, October 7th, 1935 such ordinances shall continue to be in full force and eftect. Par. 564, Section 12,-This Ordinance, being deemed urgent and far the pro- tection and preservation of Public Health, peace and safety, shall be in force and effect from and after its final passage and adoption by the City Council acid publication, as provided by law. Passed upon first and second read- ings this 25th day of September, 1935. Passed, adopted and approved upon d,final reading this 7th day of October, 11936. M. R. KANE, Mayor, JOHN K. CHALMERS, W. S. ROBERTS, PETER SCHILTZ, F. M. JAEGER, Councilmen. Attest: J. J. SHWA, Clty Clerk, Published officially in the Telegraph- Herald newspaper, October 9th, 1935, 7, S. SHEA, 10-9-1t City Clerk, Councilman Chalmers moved the adoption of the ordinance. Second- ed by Councilman Schiltz. Carried by the following vote: Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. Petitioh of Claus Schlichtmann, et al, requesting the installation of a street light at the intersection of Woodworth Street and Mt. Crest Street, presented and read, Councilman Jaeger moved to re• fer the petition to the City Council to view the grounds. Seconded by Councilman Schiltz, Carried by the following vote: Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. October 4, 1935. To tho Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: T am submitting here- with reports of the City Auditor, City Treasurer and City Water De- partment for the month of Septem- ber, 1935, also list of claims and list of payrolls fbr which warrants were issued during the month of Septem• bet', 1935. Respectfully submitted, R. M, EVANS, City Manager. Councilman Schiltz moved that the reports be received and placed on file. Seconded by Councilman Chalmers, Carried by the following vote: Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-Nona. October 3, 1936, To the Honorable Mayor and City Council, 1)ubhque, Iowa, Gentlemen: At the meeting of the City Council held Wednesday, Sep- tember 25th, a petition dated Aug- ust 29, 1935, signed by eight names, requesting the construction of a new Sanitary Sewer on Pear Street was referred to the City Manager, Attached is a sketch showing a possible plan for a new sanitary sewer system to benefit the follow- ing six areas: West Side Area (1)-Middle of Lot 122, owned by E. J. Mulligan, including only a vacant lot, but petitioned by owner, Area (2)-North portion of Lot 122, owned by West Hill Chapel Church, including a frame church, not petitioned. Area (3)-Lot 9 of Sub. Lots 95 to 98, owned by N. J. Ewert, in• cluding a horse numbered 249, not petitioned, and object to for any sew- er assessments by the owner, an elderly lady, Area (4)-Lot 8 of Sub. Lots 95 to 98, owned by J, P. Rodham, in- cluding ahouse number 245, but pe- titioned by owner, It is believed that the southern portion of Lot 122, at the northwest corner of Rush Street and also Lot 1 of Sub. Lots 95 to 98, at the south- west corner of Cleveland AVenue are both served by present sower ser- vice and neither lot can be assessed for this new sewer. East Side Area (5)-North portion of Lot 121, owned by C. W. Hartman, in• cluding a house number 270, but pe- tioned by owner, Area (6)-South portion oP Lct 99, owned by D. Rrsithaupt, includ- ing a house numbered 250; but pe- titioned by owner. It is also believed that the south- ern part of Lot 121, at the north- east corner of Rush Street, and the northern part of Lot 99, at the south- east corner of Cleveland Avenue, cannot be assessed fot• this new sewer, as both lots are served at present with sewer provisions, To serve the petitioned owners of lots highest in elevation on pear Street and providing for the natural flow of this proposed sewer leading to Rush Street, the total length of the new sewer would be approxi- mately 255 feet. The location of this main Pear Street sewer is des• ignated at the center of pear Street, My recommendation is that the petition be accepted and that provi• simts be started for the proper prop ceedings for this sewer construction based upon a hearing, advertises ritent, receipt and acceptance of bids, authorization of a contract and levy of special assessments to the own• ers of the possible six areas above stated, Respectfully submitted, R. M. EVANS, City Manager. Regular Session, October 7th, 1935 231 Councilman Chalmers moved that the recommendation of City Man- ager Evans be approved, Seconded by Councilman Roberts, Carried by the fallotiving vote: Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz, Nays-None. October 2, 1935. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that an inquiry was made today by a personal visit of Wm. Gassman, who lives at 796 Alpine Stt'eet, in regard to any possible reduction in pen- alty and interest on both delinquent taxes and delinquent special paving assessments in connection with the property designated as Lot 1 of 5 and Lot 2 of 1 of 2 of 5 of part of Subdivision of Mineral Lot 149 lo- cated on the south side of Dodge Street across the street from the south end of Alpine Street. The area of these two above men- tioned subdivisions of lots is ap- proximately 60 ft. along Dodge Street by 94.3 ft. in depth. There is located on at least a portion of those two subdivisions an eight room horse occupied at present by ttvo families, These two subdivi- sions of lots were formerly otivned by Mr. Elmer J. Lynn who died about a year ago. Since the death of Mr. Lynn, the mother of Mr. Lynn has agreed to sell this property to the applicant, Mr. Gassman. Ft•om the City Treasurer's record, special assessment delinquent prin- cipals, excluding interest, are as fol- lows: Dodge Street paving=$94.72, Dodge Street boulevard lights= $13.28 and information from the County Auditor, Mr. Peter Kies, shows that the delinquency in reg- ular tax amounts to $220.62. It is believed that this does not include any penalties or interest on regular taxes. The applicant's request is that if money can be borrowed and taxes and special assessments paid up to date, what reduction can be made in interest and penalty on both de- ]inquent taxes and special assess- ments? Your decision is requested as quickly as possible on his be• half. Respectfully submitted, R. M. EVANS, City Manager. Councilman Jaeger moved that Mr. Wm. Gassman be gt'anted permission to pay the principal of delinquent special assessments plus 6% inter- est and advertising costs, the bal• once of penalties and interest to be waived, levied against Lot 1 of 5 and Lot 2 of 1 of 2 of 5 of part of Sub. of Min. Lot 149 and the City and County Treasm•ers to be in- structed accordingly. Seconded by Councilman Schiltz. Carried by the following vote: Yeas-Mayot' Kane, Councilmen Chalmers, Jaeger, Roberts, Sckiltz, Nays-None. September 28, 1935, To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: As per your instruc- tions of September 25th fot• the writ- er to secure a fee agreement with the three members of the commit- tee appointed to repot't on the six buildings to be condemned, please be advised as follows: Messrs. Paul Braun, C. I. Kra- jewski and David Howie have re- ported that they will together view the six reported, unsafe buildings, including five different locations, on Tuesday, October 1st, at 9:00 a. m. with the Building Inspector and that the inspection and report service of the committee of three will be on the basis of a charge of $10.00 per each man, or a total charge of $30.00 for the investigation of the six separate buildings. Respectfully submitted, R. M. EVANS, City Manager. Councilman Chalmers moved that the t'eport of City. Manager Evans be approved. Seconded by Council- man Roberts. Carried by the follo`v- ing vote: Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. September 28, 1935. To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: A request was sub- mitted to the City Council Septem- ber 25th for consideration and au- thot'ity to pet'mit certain sidewalks to be located and constructed by owners of property on York Street between Dodge and Curtis Streets. (Requests in September, 1935, from Messrs, J. N. Blades and C. A, Brink.) The decision of the Coun- cil was to view this location on Friday, September 27th. Accordingly, at 4:00 p. m., Sep• tember 27th, the entire Council viewed York Street and determined the position, width and slope of all York Street sidewalks as follows: That all the sidewalks on both the east and west sides of York Street, between Dodge and Curtis Streets, could not properly be located at, or within one foot of the street proper- ty lines as is .the general require- ment by ordinance, The reason for the determined change was due to the ground slopes on both sides of this street. Authority from the City ,u: ~~ J ,,i~ 232 Regular Session, October 7th, 1935 Council was that the future location of all sidewalks to be constructed in this area shall start two feet six inches from the face of the respec- tive curbs; that the required width of .said sidewalks shall be 4'-00"; and the elevation, or slope, of said sidewalks shall be on the basis of 1/4", per foot, rise from the top of the newly installed curb to the in- side edge of said sidewalks. It was further determined that, due to the approved change of side- walk location, the City Engineer should require that all future side- walks on this block of York Street be uniform as to location, width and slope. No decision was made that all sidewalks must be immediately con- structed on this street. Property owners who desire to install side- walks are now permitted to con- struct the same on the basis of the above decisions as to location, width and slope. This t•eport of your decision is submitted for the purpose of pro- viding smatter of record. Respectfully submitted, R. M. EVANS, City Manager. Councilman Roberts moved that the decision of the City Council be approved and made a matter of rec- ord, Seconded by Councilman Chal- mers. Carried by the fallowing vote: Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. September 28, 1935. To the Honorable Mayol• and City Council, Dubuque, Iowa, Gentlemen: On Friday afternoon, September 27, 1935, the entire City Council drove to Avoca Street and viewed four lots, designated Lots 7, S, 9 and 10 of Mill's Weat Dubuque Addition. This viewing was in ac- cordance with the verbal request on August 26th from Mr, Zemanek to reduce the delinquent penalty and interest on a special assessment made on these lots for a sanitary sewer on Avoca and Green Streets. Attachod are: (A)-Copy of principal, penalty and interest to date on unpaid as- sessments on the four lots. (B)~Pencil sketch of location and size of the four lots. (C)-Pencil statement showing or- iginal total assessments, yearly prin• cipals required to be paid on each assessment, but excluding the re• quired interest on the unpaid por• tions of sold assossments, also in• chiding portions of the yearly prin• cipal already paid on the four lots and delinquent principal on said four lots duo since March 13, 1932 on lots 9 and 10, and due since March 13, 1933, on lots 7 and 8. The Council were advised that the owners of these four lots were or- iginally assessed for this sanitary sewer improvement on March 13, 1929, The owners at the time of assessment were the Voelker Real• ty Investment Corporation of Du- buque. Four payments of the yearly principal'•on lots 7 and 8 have been made to date and three payments on lots 9 and 10 to date. On De- cember 1, 1930, the City of Dubuque assumed tax sale certificates on these four lots due to non-payment of taxes, Again on November 30, 1931, the City Council authorized ad• justment of the tax sale by removal of the penalty and for the payment of delinquent taxes on the basis of 6% interest. This delinquent tax payment was finally made by Mr. F. R. Zemanek, Jr., on August 13, 1936. This decision of the City Council, as made September 27, 1935, was that no reduction could be made in the original sewer assessments on these four lots; that the delinquent yearly amounts of principal should be paid, but that the penalty was to be removed provided the owner world pay the delinquent yearly principals on each lot and then pro- vide for entire interest payments on the outstanding principal at the basis of 6% interest. Respectfully submitted, R. M. EVANS, City Manager. Councilman Chalmers moved that the report be declared to be the de- cision of the City Council. Second• ed by Councilman Roberts. Carried by the following vote: Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. Communications of C, I. Krajew- ski, Paul Braun and David T. Howie, committee appointed by the City Council to examine the buildings lo- cated on the following described pro• perty: Lot 6 part of Snb. of 0. L. 703, Henrietta Pelkey; owner, Lote 9.9A, Block 1, Dubuque Harbor Com• parry Addition, Eleanor S, Lowther, owner; Lot 7, Block 1, Dubuque Har• bor Company Addition, J. J. Nagle Estate, owner; Lot 6 part of Sub. of 0. L. 703, Fred W. Schroeder, own• er; North half of middle one-fifth of City Lot 461, Anna Klauer, owner; South half of middle one-fifth of City Lot 461, Klauer Mfg, Company, own• ers; submitting reports and recom- mendations of their findings on said buildings, presented and read, Councilman Chalmers moved to re• fer the communications to City Man• ager Evans to eenfer rvith the above Regular Session, October 7th, 1935 233 named committee for the securing of more specific recommendations, Seconded by Councilman Jaeger. Carried by the following vote: Yeas -Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-Noue. FEDERAL EMERGENCY ADMINIS• TRATION OF PUBLIC WORKS Washington, D. C, Sept. 25, 1935. State File No, Iowa 1075 City of Dubuque, Dubuque, Iowa. Subject to the Rules and Regu• lotions (PWA Form No. 179, July 22, 1935) which are made a part hereof, the United States of Amer- ica hereby offers to aid in financing the construction of sanitary sewers and street paving (herein called the "Project") by making a grant to City of Dubuque in the amount of 45 per cent of the cost of the Project upon completion, as determined by the Federal Emergency Administra- tor of Public Works, but not to ex• teed, in any event, the sum of $15,075. UNITED STATES OF AMERICA. Federal Emergency Administra- tor of Public Works. By Horatio B. Hackett, Assistant Administrator, Councilman Schiltz moved that the offer be made a matter of rec- ot•d, Seconded by Councilman Jaeg• er. Carried by the following vote: Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. Resolution No. 121-35 A Resolution accepting the offer of the United States to the City of Dubuque, Iowa, to aid by way of a 45% grant in financing the con- structien of certain three paving and one sanitary sewer projects within the City of Dubuque, Iowa, Be it resolved by the City Council of the City of Dubuque, Dubuque County, Iowa: Section 1. That the offer of the United States of America to the City of Dubuque, Iowa, to aid by way of a 45% grant in financing the con- struction of: (1)-Repaving of Bluff Street from West Third to West Eighth Streets. (2)-Paving of Atlantic Street from West Fourteenth Street to Rosedale Avenue. (3)~Paving of Belmond Street from West Fourteenth Street to Rose Street. (4)-Construction of a sanitary sewer on Fremont Avenue between Grandview Avenue and St. Joseph Street, a copy of which offer reads as follows: "FEDERAL EMERGENCY ADMIN• ISTRATION OF PUBLIC WORKS Washington, D. C. September 25, 1935. State File No.-Iowa 1075. City of Dubuque, Dubuque, Iowa, Subject to the Rules and Regula• tions (P. W. A. Form 179, July '22, 1935) which are made a part here- of, the United States of America hereby offers to aid in financing the construction of sanitary sewer and street paving (herein called the "Project") by making a grant to the City of Dubuque in the amount of 45 per cent of the cost of the Pro• ject upon completion, as determined by the Federal Emergency Adminis• trator of Public Works, but not to exceed, in any event, the sum of $16,075,00. UNITED STATES OF AMERICA FEDERAL EMERGENCY AD• MINISTRATOR OF PUBLIC WORKS, By Horatio B. Hackett, Assistant Administt•atot:" be and the same ie hereby in all respects accepted. (The original offer signed by Mr, Horatio B. Hackett, Assistant Ad• ministrator, as of September 25, 1935, is attached to the City copy of this Resolution.) Section 2. That said Dubuque City Council agrees to abide by all rules and regulations relating to said grant, a copy of which rules and regulations were annexed tc the Governnrent's offer and made a part thereof. Section 3. That the Dubuque City Clerk be and he is hereby author- ized and directed forthwith to send to the Federal Emergency Adminis- tration of Public Wm•ks three cer• tified copies of this Resolution and three certified copies of the pro• ceedings of the Dubuque City Coun• cil in Connection with the adoption of this Resolution, and such further documents, or proofs, in connection with the acceptance of said offer as may be requested by the Federal Emergency Administration of Pub• lit Works. Passed, adopted and approved this 7th day of Octobor, 1835, M, R.. KANE, Mayor. JOHN K. CI3ALME$S, W. S, ROBERTS, PETER SCHILTZ, F. M, JAEGER, Councilmen, The Mayor of the City of Dubuque, Iowa, thereupon declared said Reso• lution carried and the members of the Dubuque City Council thereupon 4 ~~~ ~'„ o-. ., y ;~H n1. , ~~;; , ~,,. i ' ,. ~i' i ,~ 234 Regular Session, October 7th, 1935 signed said Resolution in approval thereof. CERTIFICATE OF CITY CLERK I, J. J. Shea, the duly appointed and acting City Clerk of the City of Dubuque, Iowa, do het•eby certify that the attached copy of the ex- tracts of the minutes of a regular meeting of the City Council of the City of Dubuque, Iowa, held at 7:50 P. M. on the 7th day of October, 1935, is a true, correct and actual copy of the Resolution appearing in such minutes, entitled "A Reso- lution Accepting the Offer of the United States to the City of Du- buque, Iowa, to Aid by Way of a 45% Grant in Financing the Con- struction of Certain Three Paving and One Sanitary Sewer Projects," is a true, correct and actual copy of the original Resolution adapted at said meeting, which Resolution is on file and of record. Witness my hand and the seal of the said City of Dubuque, Iowa, this 8th day of October, 1935. 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. Resolution No. 122-35 Preliminary approval of proposed plans, specifications, form of con- tract, plat and schedule and all oth- er documents for the paving of At- lantic Street twenty-three (23) feet wide between existing concrete curb and gutters from the north property line of West 14th Street to the south property line of Rosedale Avenue, estimated cost $9,200.00, presented and read. Councilman 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. 123-35 Resolution of necessity for the paving of Atlantic Street twenty- three (23) feet wide between exist- ing concrete curb and gutters from the north property line of West 14th Street to the south property line of Rosedale Avenue, presented and read. Councilman Jaeger moved that the resolution be approved and placed on file for public inspection. Sec- onded by Councilman Schiltz. Car- ried by the fallowing vote; Yeas-Mayot• Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. Resolution No. 124-35 Resolution fixing date of heating on the proposed plans, specifications form of contract, plat and schedule, cost of improvement, and resolution of necessity, said date of hearing being the 28th day of October, 1935, at 4:00 P. M. for the paving of At- lantic Street twenty-three (23) feet wide between existing concrete curb and gutters from the north property line of West 14th Street to the south property line of Rosedale Avenue, presented and read. Councilman Roberts moved the ad- option of the resolution. Seconded by Councilman Chalmers. Carried by the following vote: Yeas-Mayor Kane, Ccuncilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. Resolution No. 125-35 Preliminary approval of proposed plans, specifications, farm of con- tract, plat and schedule and all other documents for the paving of Bel- mond Street twenty-seven (27) feet wide between existing concrete curb and gutters from the north property line of Rose Street to the south pro- perty line of West 14th Street, esti- mated cost $3,360.70, presented and read. Councilman Schiltz moved the ad• option of the resolution. Seconded by Councilman Chalmers. Carried by the fallowing vote: Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. Resolution No. 126-35 Resolution of necessity far the paving of Belmond Street twenty- seven (27) feet wide between exist- ing concrete curb and gutters from the north property line of Rose Street to the south property line of West 14th Street, presented and read. Councilman Schiltz moved.that the resolution be approved and placed on file for public inspection. Sec• onded by Councilman Chalmers. Car- ried by the following vote: Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. Resolution Na. 127-35 Resolution fixing date of hearing on the proposed plans, specifications, form of contract, plat and schedule, coat of improvement, and resolution of necessity, said date being the 28th day of October, 1935, at 4:00 P. M. for the paving of Belmond Street twenty-seven (27) feet wide between existing concrete curb and Regular Session, October 7th, 1935 23S gutters from the north property line of Rose Street to the south property line of West 14th Street, presented and read. Councilman Chalmers moved the adoption of the resolution. Second- ed by Councilman Schiltz. Carried by' the following vote: Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. Resolution No. 128-35 Preliminary approval of proposed plans, specifications, farm of con- tt•act, plat and schedule and all other documents for the paving of Bluff Street fot•ty-one (41) feet wide in- cluding curbs from the north pro- perty line of West 3rd Street to the south property line of West 8th Street, estimated cost $17,422.00, pre- sented and read. Councilman Schiltz moved the ad- option of the resolution. Seconded by Councilman Jaeger. Carried by the following vote: Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. Resolution No. 129-35 Resolution of necessity for the paving of Bluff Street forty-one (41) feet wide including curbs from the north property line 'of West 3rd Street to the south property line of West 8th Street, presented and read. Councilman Jaeger moved that the resolution be approved and placed on file for public inspection. Sec- onded by Councilman Schiltz. Car- ried by the following vote: Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. Resolution Na. 130-35 Resolution fixing date of hearing on the proposed plans, specifications, form of contract, plat and schedule, cost of improvement, and resolution of necessity, said date being the 28th day of October, 1935, at 4:00 P. M. fm• the paving of Bluff Street forty- one (41) feet wide including curbs from the north property line of West 3rd Street to the south property line of West 8th Street, presented and, read. Councilman Jaeger 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. Resolution Na. 131-35 Preliminary approval of proposed plans, specifications, form of con- tract, plat and schedule and all oth- er documents for the construction of an eight (8) inch vitrified the sanitary sewer on the east side of Fremont Avenue from St. Joseph Street 800 feet northerly and in St. Joseph Street from the manhole first west of Fremont Avenue to the east side of Fremont Avenue, estimated cost $3,225.00, presented and read. Councilman Schiltz moved the ad- option of the resolution. Seconded by Councilman Jaeger. Carried by the following vote: Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. Resolution NoF 132-35. Resolution No. 132-35, resolution of necessity for the construction of an eight (8) inch vitrified the sani- tary sewer on the east side of Fre- mont Avenue from St. Joseph Street 800 feet northerly, and in St. Joseph Street from the manhole first west of Fremont Avenue to the east side of Fremont Avenue, presented and read. Councilman Jaeger moved that the resolution be approved 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. Resolution No. 133-35 Resolution fixing date of hearing on the Proposed plans, specifications, form of contract, plat and schedule, cost of improvement, and resolution of necessity, said date being the 28th day of October, 1935, at 4:00 P. M. for the construction of an eight (8) inch the sanitary sewer- on the east side of Fremont Avenue from St. Joseph Street 800 feet northerly and in St. Joseph Street from the man- hole, first west of Fremont Avenue to the east side of Fremont Avenue, presented and read. Councilman Schiltz moved the ad- option of the resolution. Seconded by Councilman Jaeger. Carried by the following vote: Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. Resolution Na. 134-35 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- lotiving applications be and the same are hereby approved and it is ord- ered that the premises to be occu- pied by such applicants shall be forthwith inspected:- Class "B" Permit William Mentz, 2400 Central Av- enue. ;,,a ~,. ., ('~11 ~i !,PUS 236 Session, October 7th, 1935 Eugene P. McCann, N. E. Corner Eighth and Iowa Streets. Passed, adopted and approved this 7tlt day of October, 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 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. Resolution No. 135-35 Whereas, heretofore applications were filed by the within named ap- plicants for Beer Permits and they received the approval of this Coun- cil; and Whereas, the premises to be oc- cupied by them have been inspected and found to comply with the or- dinances of this City and they have filed a proper bond: Now, therefore, Be it resolved by the Council of the City of Dubuque that the Man- ager be and he is hereby directed tr. issue to the following named per- sons aBeer Permit. Class "B" Permit William Mentz, 2400 Centro] Av- enue. Eugene P. McCann, N. E, Corner 8th and Iowa Streets. Be it further resolved that the beads filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 7th day of October, 1935. M. R. KANE, Mayor. JOHN K. CHALMERS, W. S. ROBERTS, PETER SCHILTZ, F. M. JAEGER, Councilmen, Attest: J. J. SHEA, City Cleriz. Councilman Roberts moved the ad- option of the resolution. Seconded by Councilman Schiltz, Carried by tha following vote: Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz, Nays-None, Resolution No. 136-35. Be It Resolved by the City Coun- cil of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Du- buque, be granted a permit to sell cigarettes and cigarette papers with- in said City 'and the Manager is di• rected to issue such permit on be half of said City: Name Address Eugene P, McCann, N,E. corner 8th and Iowa Streets. Passed, adopted and approved this 7th day of October, 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 the adoption of the resolution, Seconded by Councilman Schiltz, Carried by the following vote: Yeas - Maym• Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz, Nays-None. Ordinance No. 14-35. An Ordin- ante amending Ordinance No. 9-35 entitled: "An Ordinance providing for the issuance of Class "B" and Class "C" Permits and for the re- vocation of the same; prescribing rules and regulations governing the operation of places where beer is sold and consumed .pursuant to such permits; restricting dancing and pro- viding alicense therefor; repealing all ordinances heretofore enacted governing this subject; providing a Penalty far violation hereof and de- claring an emergency," by amending paragraph 505, section 17 hereof re- lating to locations where beer may be sold attd consumed, and declaring an emergency, presented and read, Councilman Chalmers 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 Chalmers moved that the rules be suspended requiring an mdinance to •be read of three sep• Karate days. Seconded by Councilman Schiltz. Carried by the following vote: Yeas-Mayor Kane, Councilmen Chnlmers, Jaeger, Roberts, Schiltz. Nays-None. The ordinance was then read a second time. Councilman Chalmers moved that the reading just had be considered the second reading of the ordinance. Seconded by Councilman Schiltz, Carried by the following vote: Yeas - 11layor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz, Nays-None. Verbal report of City Solicitor Special Session, October 17th, 1935 237 Czizek recommending the settlement of the personal injury claim of Neil Feers, caused in falling on defective sidewalk in front of Phil Purcell property an Southern Avenue, in the amount of $58.00 and that a warrant in said sum be ordered drawn on the City Treasurer in favor of Mrs. Harald Feers as settlement in full of the Claim of Neil Feers, pre- sented. Councilman Roberts moved that the recommendation of City Solic- itor Czizelt be approved sand that a warrant in the amount of $58.00 be ordered drawn on the City Treasurer in favor of Mrs, Harold Feers as settlement iu full of the personal injury claim of Neil Feers. Seconded by Councilman Chalmers. Carried by the following vote: Yeas -Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiliz. Nays-None. There being no further business, Councilman Chalmers moved to ad- journ. Seconded by Councilman Ro- berts. Carried by the following vote: Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schill.z, Nays-None. J, J. SH}~A, City Clerk. Approved ....................................1935, Adopted ........................................1935. Councilmen; 1 ........................................ Attest : .................................................. City Clerk. CITY COUNCIL (Official.) Special Session, October 17th, 1935. Council met at 4:50 P. M. Present-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiliz, City Manager Evans. Meeting called by order of Mayor Kane and Councilman Chalmers. Maym• Kane read the call and stated that service thereof bad bean duly made and that this meeting is called for the purpose of consider- ing for final adoption Ordinance No, 14-35. An Ordinance amending Or- dinance No. 9-35 entitled: "An Or- dinance providing for tba issuance of Class "B" and C}ass "C" Permits and for the revocation of the same; prescribing rules and regulations governing the operation of places where beer is sold and consumed pursuant to such permits; restr;ct- ing dancing and providing a 1!cense therefor; repealing all ordinances heretofore enacted governing this subject; providing a penalty for vio- }ation hereof and declaring an em- ergency," by amending paragraph 505, section 17 hereof relating to locations where beer may be sold and consumed, and declaring an emergency, and acting on any othor business as may properly come be- fore a regu}ar meeting of the City Council. Ordinance No. 14-35 An Ordinance amending Ordin- ance No. 9-35 entitled: "An Ordin- ance providing for the issuance of Class 'B" and Class "C" Permits and for the revocation of the same; prescribing rules and regulations governing the operation of places where beer is sold and consumed pursuant to such permits; restrict- ing dancing and providing a license therefor; repealing all ordinances heretofore enacted governing this subject; providing a penalty for violation hereof and declaring an emergency;' by amending paragraph 505, section 17 hereof relating to locations where beer may be sold and consumed, and declaring an emergency. Said ordinance having been passed upon first and second readings on October 7th, 1935, pre- sented and read a third time. ORDINANCE N0. 14-35, An Ordinance amending Ordi- nance No. 9-36 entitled: "An Ordi- nance providing far the issuance of Class "B" and Class "C" Permits and for the revocation of the same; prescribing rules and regulations governing the operation of Places where beer is sold and consumed pursuant to such permits; restrict- ~I,:;, ~, 6,I ~1 !I ~iH ~~I. II" a fYj'i 1 ,~' ,. ~`, ;~ _~ 238 Special Session, October 17th, 1935 ing dancing and providing a license therefor; repealing all ordinances heretofore enacted governing this subject; providing a penalty for violation hereof and declaring an emergency", by amending para- graph 505, section 17 hereof relat- ing to locations where beer may be sold and consumed, and declaring an emergency, BE 1T ORDAINED BY THE CIT Y COUNCIL. OF THE CITY OF DU- BUQ GE: PAR. 555. PAR. 505-SECTION 17- Ai41ENDED, SECTION 1-That it is deemed advisable by this Council to amend subdivision (B) of paragraph 505, section 17, of Ordinance No. 9-35 pertaining to the location wherein beer may be sold and consumed pursuant to Class "B" permits so that the same will read as follows: "(B). The part of the building wherein the business is being operated shall be on the first floor and no other part of the building shall be used in connection therewith; provided, how- ever, that this provision shall not ap- ply to hotels or clubs, nor to restau- rants, department or confectionery stores, or places where bowling alleys or public recreation centers were in operation when this ordinance was adopted, and whose main business is other than the sale of beer, nor to any place of business which is now be- ing operated on the second floor of a building by the holder of both a Class "B" permit and a "DINE AND DANCE" Permit, and in which the floor space devoted thereto is not less than 6,000 squars feet." PAR 556. SECTION 2. This Ordi- nance, being deemed urgent and for the preservation of the public peace, health and safety, shall be in force and effect frotn and after its final passage by the City Council and Dubli- cation as provided by law. Passed upon first and second read- ings this 7th day of Oct., 1935. Passed, adopted and approved upon final reading this 17th day of October, 1935. M. R, KANE, Mayor, JOHN K, CHALMERS, W. S. ROBERTS, FETER SCHILTZ, F. M. JAEGER, Councilmen. ATTEST: J. J. SHEA, City Clerk. Published officially in the Telegraph- Herald newspaper this 21st day of Oc- tober, 1935. J, J. SHEA, 10-21-1t. City Clerk. Councilman Schiltz moved the adoption of the ordinance, Seconded by Councilman Roberts. Carried by the following vote: Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. Communication of Lillian Cole Smith requesting the City to accept the principal of the special assess- ments, without interest and pen- alties, levied against the N. M. 1-5 of City Lat 452 for the improvements of Central Avenue and West 17th Street, presented and read. Councilman Chalmers moved that Lillian Cole Smith be granted per- mission to pay the delinquent spe- cial assessments levied against the N. M. 1.5 of City Lot 452 by the pay- ment of the principal plus 6% in- terest per annum and advertising costs, the balance of the interest and penalties to be waived, and the County Treasurer instructed accord- ingly, Seconded by Councilman Jae- ger. Carried by the following vote: Yeas-11layor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None, Petition of Barbara Reuter, re- ferred to the City Council by the Board of Supervisors, requesting the suspension of the 1934 taxes on Lots 196, 200 and 201, Finley Addition, presented and read, Councilman Schiltz moved to refer the Petition to the City Solicitor for investigation and report. Seconded by Councilman Jaeger, Carried by the following vote: Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberta, Schiltz, Nays-None. Petition of Consuelo McGee and Helen Green, referred to the City Council by the Board of Supervisors, requesting the cancellation of the 1931, 1932, 1933, 1934 and 1935 taxes on South 38 feet of North 79 feet of South 129 feet on Lots 4, 5 and 6 in Kiene & Blocklinger's Sub., pre- sented and read. Councilman Schiltz moved to refer the petition to the City Solicitor far investigation and report. Seconded by Councilman Jaeger. Carried by the following vote: Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz, Nays-None. Petition of Mary Armbuster, re• ferred to the City Council by the Board of Supervisors, requesting the suspension of taxes on Lot 31 in G, R, West's Dubuque, presented and read. Councilman Schiltz moved to refer the petition to the City Solicitor for investigation and report. Seconded by Councilman Jaeger, Carried by the following vote: Yeas-Mayor I{one, Councilmen Chalmers, Jaeger, Roberts, Schiltz, Nays-None. Petition of Wilhelmine (Minnie) Giesemann requesting that the pen- alty be remitted and also that a re• duction be granted in the interest rate upon the redemption of the tax sale certificate held by the City of Dubuque against -Lot 47 in Oxford I3eights, presented and read. Councilman Jaeger moved that Wilhelmine (Minnie) Giesemann be granted permission to redeem the tax sale certificate held by the City of Dubuque against Lot 47 in Oxford Special Session, October 17th, 1935 239 Heights by the payment of the prin- cipal plus 6% interest per annum and advertising costs, the balance of the interest and penalties to be waived, and the City Treasurer in- structed accordingly. Seconded by Councilman Chalmers. 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 August, 1935, presented and read. Councilman Chalmers moved to re- ceive and file the preof of publica- tion, Seconded by Councilman Jae- ger. Carried by the fallowing vote: Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. Bond of John Joseph Hail, Ac- countant and Collector, City Water Department, presented for approval. Councilman Roberts moved that the Bond be approved and placed on file. Seconded by Councilman Chal- mers. Carried by the following vote: I eas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. Council Proceedings for the month of August, 1935, presented for approval. Councilman Schiltz moved that the Council Proceedings for the month of August, 1935, be approved as printed. Seconded by Councilman Roberts. Carried by the following vote: Yeas-112ayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None, October 16, 1935• To the Iionorable Mayor and City Council, Dubuque, Towa, Gentlemen: By action of the City Council at the regular meeting of October 7, 1935, the writer was in- structed to secure specific recom- mendations from the Investigating Committee as to condemnation, or not, of certain unsafe local buildings. Attached are revised reports and recommendations on each of six in- vestigated buildings or sites, prop- erly signed by the committee, in- cluding condemnation action in each case. The original reports included more definite recommendations than do these revised suggestions. Prior to definite action on certain of these cases, the writer desires to personally explain a few conditions, Respectfully submitted, R. M. EVANS, City Manager, Councilman Roberts moved that the communication of City Manager Evans be approved. Seconded by Councilman Schiltz, Carried by the following vote; Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. Resolution No. 137-35, Prelimin• ary approval of proposed plans, spec- ifications, form of contract, plat and schedule for the construction of an eight (8) inch vitrified the sanitary sewer in Pear Street from the man- hole in Rush Street two hundred sixty-three (263) feet northerly, pre• sented and read. Councilman Roberts moved the adoptiell of tho resolution. Seconded by Councilman Chalmers. Carried by the following vote: Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None, Resolution No. 138-35. Necessity for the construction of an eight (8) inch vitrified the sanitary sewer in Pear Street from the manhole in Rush Street two hundred sixty-three (263) feet northerly, presented and read. Councilman Jaeget' moved that the resolution be approved and placed on file far public inspection. Seconded by Councilman Roberts. Carried by the following vote: Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. Resolution No. 139-35. Fixing date of hearing upon the proposed plans, specifications, form of con- tract, plat and schedule, cost of con- struction and resolution of necessity, said date being the 12th day of No- vember, 1935, at 4:00 o'clock P, M., for the construction of an eight (8) inch vitrified the sanitary sewer in Pear Street from the manhole in Rush Street two hundred sixty-three (263) feet northerly, presented and read, Councilman Roberts moved the adoption of the resolution. Second- ed by Councilman Schiltz. Carried by the following vote: Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. Councilman Roberts moved that if it is agreeable with the Board of Supervisors, it is agreeable with the City Council, to enter an order auth- orizing and directing the County Treasurer to accept in full payment of all taxes, including advertising and penalties and the taxes for the year 1934, the amount of $100.00, for the taxes against the South 3 feet of Lot 430 and the Nortlt r/z of Lot 433 and all of 432, East Dubuque Addi- ,; ~, ;, 240 Session, October 17th, 1935 lion, Mary Benda, Petitioner, by Gil- loon & Glenn, Her Attorneys. Sec- onded by Councilman Chalmers. Car- ried by the following vote: Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. To the Honorable Mayor and City Council of the City of Dubuque: Gentlemen: An application has been filed with your Honorable Body by persons engaged in the barbering trade within the City of Dubuque, requesting the adoption of an Ordin- ance regulating the business of bar- bering. You have referred the same to me for an opinion. It is requested that an Ordinance be adopted pre• scribing Sanitary regulations and fix- ing the rates of charges to be ex- acted by all engaged in the barber- ing trade, for services rendered to patrons. Authority for such an Or- dinance is found in House File No, 173, recently enacted by the legislature. The purpose of House File No. 173 is declared in its title and preamble. The title states that it is "an act declaring a State and National Em- ergency to exist affecting the ser- vice trades within the State of Iowa, declaring the necessity for ordin- ances providing far fair competition among service trades' ; "authorizing Councils to enact such ordinances providing fair competition among such trades;" Providing for applica- tions to the governing body for the establishment of ordinances provid- ing for fair competition, and provid- ing aPenalty for violation of the provisions of ordinances so adopted." The preamble in Section 1 de- clares: "A State and National em- ergency, productive of widespread unemployment and disorganization of trades which burden commerce and affect the public welfare, is here- by declared to exist, causing an em• ergency which injuriously affects the morale and standard of living and threatens to affect the industrial peace and safety and health of the people of the State of Iowa. Among the Crades affected are those in which services are rendered upon or to a person or persons without nec- essarily involving the sale of merch- andise. In such trades there is ruin- ous price-cutting, widespread unem- ployment and economical distress, and for the purpose of ameliorating such conditions, it is necessary and desirable to authorize the adoption of ordinances providing for fair com- petition applicable to such trades in the various cities and towns of the state as provided in this act:' Section 2 restricts the applica- tion of the law to "personal service trades;' so called, and exempts "trade schools," Section 3 provides for the filing of an application with the Council, signed by 70%v of the owners, operators and managers of all businesses engaged in such trade, requesting an ordinance, and Section 6 requires that the application con- tain the provisions thereof, These provisions authorize the adoption of such an ordinance. Section 7 pro- vides that when such ordinance is adopted then and "thereafter it shall regulate as to the matters contained therein the conduct of every person engaged in such service trade." Section 5 provides that a violation of any of the provisions of such or- dinance shall constitute a misde• meanor and be punishable by fine or imprisonment, and makes each day of violation a separate offense, As stated, the main features of the proposed ordinance are to pre- scribe sanitary regulations and to fis the prices and charges to be ex- acted by those engaged in the bar- ber trade, The objective to be at• tained by the ordinance is the "amel- ioration of ruinous price-cutting; widespread unemployment and econ- omical distress:' My opinion is di- rected to the constitutionality of the law passed by the legislature and whether or not an ordinance adopt- ed pursuant thereto would be legal. It might be said at the outset, that the mere fact that the legisla- ture has declared that an emergency exists in the service trades, does not inject constitutionality into the law if it is otherwise unconstitutional. Any law or ordinance that might be adopted is tested by its constitution- ality irrespective of an emergency which may be declared to exist. It will be observed that the law authorizes the enactment of an or- dinance governing particular trades or businesses, and when such an or- dinance has been adopted it affects all within that particular trade or business area and provides far the imposition of very severe penalties upon anyone who should violate its provisions, It is a penal ordinance. Even though the legislature has enacted a law giving to cities the right to enact ordinances governing the service trades, the law itself must be valid and constitutional in order that the ordinance be valid and constitutional. In other words, the ordinance is not legal simply be- cause there exists a statute author- izing the enactment of the same, We must then look to the consti• tutionality of the statute itself to determine whether or not an ordin• ante adopted pursuant thereto would be legal, For the purpose of this Special Session, October 17th, 1935 241 opinimr, I determine this question in the light of the submitted applica- tion, that is to say, "Is this statute constitutional when it authorizes cities to enact ordinances which fix the rate of charges for services ren- dered by service trades?" We have two inquiries to make: First, Can barbering be regulated under the police power of the City in the manner proposed? Seeond,Is barbering such a business as is sub- ject to public regulation in the man- ner proposed? To answer the first question we must know what is meant by "the police power." Police power is lim- ited to the promulgation and enforce- ment of measures reasonably de- manded for the pubic health, morals, comfort, safety or general welfare of society. In its application, however, it is not unlimited. On the contrary, any restriction on the use of prop~ arty is a taking of the property, and such restrictions of whatever nature imposed by a city, irrespective of the power granted by the State, must be shown to be within the per- ~ mission of Federal and State Consti- thtiens. Every exercise of this pow- er must conform to personal and property rights, granted, recognized or secured to citizens by the Consti- tution. To restrict the use of private property, such restrictions are jus- tified only when necessary to pre- serve or promote the public health, morals, safety, comfort, convenience or general welfare of the iphabitants of the City. Any regulation which transcends such public purposes fails as a lawful exercise of the police power, The Constitution protects life, individual liberty and private property from governmental en- croachment. Any law, therefor, what- ever may be the intent of the fram- ers, and irrespective of the demand or public opinion supporting them, which authorizes unreasonable inter- ference with individual action or personal liberty, or `vith the use of private property, will be condemned as unconstitutional. "Liberty" means freedom to go where one may choose, and act in such manner, not inconsistent with the equal rights of others, as his judgment may dictate for the pro• motion of his happiness; that is, to pursue such callings and avocations as may be most suitable to develop his capacities, and to give to them their highest enjoyment, There can be no doubt that, in the exercise of the police power, the City can enact reasonable regulations for the con- duct of barber shops in so far as they affect sanitary and kindred needs and the use of private prop- arty may be regulated to that ex- tent, but that is entirely different from prescribing regulations as to the compensation which the owner of the property can exact for its use or far services rendered by him. The legitimite exercise of the pol- ice power will not sustain undue in- terference with the conduct of law- ful business. In order to justify such interference in behalf of the public, it must appear, First: That the in- terests of the public generally, as distinguished from those of a par- ticular class, require such interfer• ante; Second: That the means adopted pare reasonably necessary for the accomplishment of the pur- pose, and not unduly oppressive up- on individuals. The power must be exercised only to promote the Public good. Any interference by a city or state with the liberty of the citizens in the conduct of his lawful business beyond a point reasonably required for the protection of the public un• der the guise of a police regulation, will be unjustified, The test must a]• ways be, whether or not the regula• lion has a re~asonabe and substan- tial relation to the legitimate pur- pose to be accomplished; that is, if such regulation is necessary to con- serve and promote the public health, morals, safety, convenience, comfort and advance the general welfare. On this branch of the case, it is my opinion that the Council cannot enact an ordinance which fixes the prices to be charged by barbers and justify such ordinance, upon the ex• erciae of the police power, There is no direct relation between such sub• ject and the health, morals, comfort, safety or general welfare of the in- habitants of this city, in my view of the case. We turn now to the second ques~ lion, "Is barbering such a business as is subject to regulation in the manner proposed?" It is an established rule of law that prices may be fixed and services regulated only in those employments or occupations which are affected with a public interest, Is barbering so affected? It is uniformly recognized that there are three classes of business which may be said to be affected with a public interest so as to allow public regulation; 1st. Those operat• ing under a franchise from the pub- lic. 2nd. Those which, by long es- tablished custom have come to be recognized as having a public rela- tion; and 3rd. Those which, while not in their inception were clothed `vith a public interest, still by de• voting their business to the public use, the public is given an interest V 1`, `V,i'r ~I~ i s,, ~9, 'w ,.. ~~ +'. . ',:, 242 Special Session, October 17th, 1935 therein, and thereby the owner sub- jects the business to public regula- tion to the extent of that interest, Barbering must fall within the third class in order to be subjected to pub- lic regulation. The mere legislative declaration that a business is affected with a public interest is not conclusive. In a sense, the public is concerned about all lawful business, because it contributes to the prosperity and tvel] being of the people. The public may suffer from high prices and strikes, but the expression "clothed with a public interest" gas applied to a business, means more than that the public welfare is affected by a continuation of the business, ot• by the price at which a commodity is sold or a service rendered. The cir- cumstances which clothe a partic- ular kind of business with ~a public interest must be such as to create a particularly close relation between the public and those engaged in it and raise implications of an affirm- ative obligation on their part to be reasonable in dealing with the public. Where public regulation is auther- ized in the interest of the people, such regulation is directed usually to the fixing of a maximum price or charge which may be exacted of. the public for a commodity or service, The suggested ordinance proposes to fix, in affect, a minimum price. In other words, the benefits which will be expected to come to the public from the adoption of the ordinance will be on account of higher prices fora given service than others en- gaged in the same business may be willing to exact for the same service, and the protection of the health of patrons. It has never been supposed that the business of the butcher, the baker, the tailor, the shoe shiner, the clothes presser, was clothed with such a public interest that the price of his produce could be fixed by state or municipal regulations. One does not devote his property or busi- ness to the public use or clothe it with a public interest merely be- cause he makes commodities for sale, or sells to the public or ren- ders aparticular service to the pub- lic in the common callings of which the above are instances, The thing wkich causes a business to be clothed with a public interest is the indespensible nature of the service, and the exorbitant charges and ar- bitrary control to which the public might be subjected without regula- tion, If the common callings are "clothed tivith a public interest" by a mere legislative declaration, there must be a revolution in the relation of government to general business. This will be running the public in- terest argument into the ground, Property becomes clothed with a public interest when used in a man- ner to make it of public consequence and affect the community at large. It is no more unreasonable to say that the merchant who sells his merchandise to the public is a pnb• lic merchant; or the blacksmith who shoes the horses for the public is a public blacksmith or the garage which repairs cars for the public is a public garage, than to say the bar- ber who cuts the hair of the public is a public barber and that by a mere magic of calling them so they would be brought under legislative control, If it can be said that barbering is "clothed with a public interest" so that it can be regulated by law so as to prices, then the legislative body may possess the Power to fix prices at whatever point `vill best serve the public. Tt is the public that is to be protected and not a partic- ular trade or industry. Carrying this thought to its ultimate conclusion, if the Council had this extraordinary power, it might fix the rates for such services at so low ~a point that many operators would be required to quit business while others might be able to carry on. The public, in this time of depression might be benefited by the lower rates, and since its in- terests are to be considered, such an exercise of power might be sus- tained. Barbering is a private business. It is not "clothed with a public in- terest" Price cutting directs itself to the trade itself without any direct relation to the public interest. It is my opinion that if the statute is intended to authorize the fixing of rates and charges to be exacted fm• barbering, it is unconstitutional and any ordinance enacted pursuant thereto will be illegal. I beg to advise the Council that the foregoing opinion is personal and based upon my conception of the law. I am aware that there are prece- dents to the contrary, particularly the opinion of Judge Franlc S. Shank- ]and of Des Moines in a case where• in an identical ordinance was de- clared legal, I may be wrong in my opinion under the law, The Council has the authority to adapt the ordinance. I am very much impressed tivith that portion of the ordinance which prescribed sanitary regulations for the promotion of the health of bar- ber shop patrons. Information has come to me that many barber shops Special Session, October 17th, 1935 243 are being conducted in an unsanitary manner and in violation of the Rules of the State Board of Health, which are designed to, prevent the creating and spreading of infectious and con- tagious diseases. That portion of the ordinance relating to this subject is good. If such or similar regulations were adopted and enforced, and bar- ber shops could not continue in busi- ness under such regulations, they would either have to go out of busi- ness or exact such a charge as would be sufficient to compensate them for such services. It may be true, and no doubt is, that barbers who are now charging cut rates far barbering ser- vices are able to do so because they do not comply with the regulations of the State Board of Health. Such shops should be made to comply in the interest of health and there could arise no complaint from the public for enforcing such provisions. Many cities and towns have adopted the proposed ordinance. I don't ]mote now of any case which is pending before the courts challenging its ]e• gality. Some other cities have re- fused to adopt it. In conclusion permit me to point out two other thoughts in connection with House File No. 173. In the first place, it is declared to be emergency legislation. One of the difficulties, however, is that the duration of the emergency is not defined and there is nothing in the Act to indicate how long the emergency shall continue and, consequently haw long the Act shall be in effect. In other words, who is to determine when the emerg- ency has ceased to exist? Of neces- sity, when the emergency has pass- ed, then the law and any ordinance adopted Pursuant thereto, will die. Of course, the Council has the right to repeal the ordinance at any time, However, in my opinion that does not supply the omission from the Act itself in failing to fix its dura- tion, In the next place, the Act provides for the submission to the Council of an ordinance by 70% of the oper- ators of barber shops, and when such ordinance has been submitted the Council can either reject or ap- prove the same in whole or in part. If the Council enacts the ordinance in whole or in part as submitted, thereafter such ordinance shall regu- late as to the matters contained therein the conduct of every person engaged in such service trade within the City. In other words, it is the ordinance submitted by 70% of the operators of barber shops which must be adopted in whole or in part, and none other. If, therefore, the Council should determine that the prices fixed in the submitted ordin- ance are too low or too high it has no authority to enact an ordinance changing those prices. They are those prices or none at all. In my view of the case, this resolves itself into a delegation of authority to 70% of the operators of barber shops to fix the prices and, in effect, the dele- gation of authority to legislate for all engaged in the barbering trade. If that is to be the effect, then the Act would be invalid as the delega- tion of legislative authority to a non- elective body. An answer to this might be that, in final analysis, it is the Council which adopts the or- dinance. But the difficulty is, that the Council does not have any auth- ority to fix a price other than the ones provided for in the submitted ordinance. As I said, it is that rate or none, Respectfully submitted, M. H. CZIZEK, City Solicitor, Councilman Chalmers moved that the legal opinion of City Solicitor Czizek on the Barber Ordinance 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, Councilman Roberts moved that the petition of the Barbers request- ing the adoption of the Barber Or- dinonce be approved. Seconded by Councilman Schiltz. Motion defeated by the following vote: Yeas-Councilmen Roberts and Schiltz. Nays-Mayor Kane, Councilmen Chalmers and Jaeger, Councilman Chalmers moved that the petition of the Barbers request- ing the adoption of the Barber Or- dinance and also the proposed Bar• ber Ordinance be received and filed. Seconded by Councilman Jaeger: Carried by the following vote: Peas-Nlayor Kane, Councilmen Chalmers and Jaeger. Nays-Councilmen Roberts and Schiltz. The following decisions of the City Council relative to various tax peti- tions requesting cancellation and suspension of taxes presented for Council aPPt'oval: Charles GV, Abitz requesting suspension of taxes on Lots 50 and 51, Grandview Avenue Addition, request denied; Mary Arm- bnster requesting suspension of tax- es on Lat 31, G. R. West's Dubuque,, request granted; Bethany Home for the Aged requesting cancellation of the 1932 taxes on Lots 83, 84 and 85, Pleasant View Addition, request granted; John Bockes requesting z,' . i 1 ,~, I!~; d ~'~' 244 Special Session, October 17th, 1935 cancellation of the 1934 taxes on Lots 24, 26 and 27, Oak Grove Addi- tion, request denied; Mrs. Anna Boe- sen requesting suspension of the 1934 taxes on the South 15 feet of Lot 255 and all of Lot 256, East Du- buque Addition, request granted; C. W. Bradley requesting exemption of taxes on Mineral Lots 294, 295 and 2 of 296, petition referred back to the Board of Supervisors for their ac• tion; Mrs. Walter Burke requesting cancellation of the 1934 taxes on Lot 4, South Ave. Addition, cancellation denied but a suspension granted; Mrs. Lessie Dawson requesting sus- pension of the 1934 taxes on Lot 79 in Union Addition, request granted; E. S. Donaldson requesting cancella- tion of the second half of the 1934 taxes on Lot 6 in South Avenue Addition, cancellation denied but a suspension granted; John Donegan requesting suspension of the 1933 taxes on the South 25 feet of the South 50 feet of the East ~/z of Lot 2 Sub. 37, Kelly's Sub., request granted; Ida A. Eichman requesting suspension of the 1934 taxes on Lot 221, Finley Addition, request grant- ed; Wm. J. Glenn requesting cancel- lntion of the 1934 taxes on the West 24 feet of City Lot 120, request granted; John Grimm requesting suspension of the 1933 and 1934 taxes on S. W. 1/z of Lot 12, Ham- burg Addition, petition was received and filed; George M. Gruber request- ing suspension of the 1932, 1933 and 1934 taxes on the West 170 feet of Lot 2, Sub. 282, Davis Farm Addi- tion, request granted; Mts. Mary Grutz t•equesting cancellation of the last half of the 1933 taxes on Lots 130 gaud 131, Belmont Addition, and on Lots 3 attd 4 of the Sub. of 6-7- 8.9 of Lot 157, Quigley's Sub., can- cellation denied but ~a suspension granted; Lillian L. Hargus request- ing suspension or cancellation of the 1934 taxes on Lot 1 of the Sub. of 1 of 1 of City Lot 667,, granted suspension; Margaret E. Hogan re- questing suspension of the 1934 tax- es on the North t/z of City Lot 326, request granted; Mrs. Margaret A. Jellison requesting cancellation of the 1933 and 1934 taxes on the North t/z of Lot 130 in East Dubuque Addi- tion, cancellation denied but a sus- pension granted; Catherine Keas and Mary A. Keas requesting cancel- lation pf the 1935 taxes on Lot 62 in Cox Addition, cancellation denied but a suspension granted; Martin Lang requesting suspension of the second half of the 1932 and all of the 1933 and 1934 taxes on Lot 400 in Ham's Addition, request granted; Anton Lanners requesting suspen- sion of the 1933 and 1934 taxes on Lots 1 and 2 of Gmehle's Sub., re• quest granted; Mrs. Edith Lawson requesting cancellation of the 1934 taxes on Lot 2, Sub. 1 of 30 and 31, 114orheiser's Addition, request grant- ed; Frank Eugene Leonard request- ing suspension of the 1934 taxes on Lot 5 of Sub. 2 of City Lot 720, re• quest granted; Anna H. Link re- questing suspension of the 1934 tax- es on North ~ of Lot 4 and the South 12 feet 6 inches of Lot 5 of Fosselman's Sub., request granted; Jake Link requesting suspension of the 1934 taxes on Lots 99 and 100, Finley Addition, request granted; Catherine S. Lundbeck requesting suspension of the 1934 taxes on Lot 11 of Cox's Addition and Lot 242 of Woodland Park Addition, request granted; Fred Marquard requesting exemption of taxes on Lot 9 of Lot 1 of Mineral Lot fib, cancellation de- nied but a suspension granted; Mar- garet McGrath requesting suspen- sion of the 1934 taxes on Lot 19 of Marsh's Addition, request granted; Wm. Mentz requesting suspension of the 1934 taxes on Lot 12 of Schaff- ner's Addition and the North 25 feet of East 100 feet of Lot 357, Davis Farm Addition, request denied; An- drew Milks requesting suspension of the 1934 taxes on West 24 feet of Lot 101, Union Addition, request granted; Hal Miller requesting can- cellation of the 1934 taxes on the Nm•th 21 feet 6 inches of Lot 167 and the South 16 feet of Lot 168, Glendale Addition, cancellation de- nied but a suspension granted; Her- man Muellich requesting suspension of the 1934 taxes on the West 130 feet of Lot 48 in Cox's Addition, re• quest granted; Mary Nicks request- ing suspension of the 1934 taxes on North '/z of S. M. 1-5 and South r/z of NI. 1-5 of City Lot 487, request granted; I{ate O'Donnell requesting cancellation of the 1934 taxes on N. 100 feet of Lat 17 of Corriell's Sub., cancellation denied but a suspension granted; Nic]t Pleimling requesting a suspension of the second half of the 1934 taxes on Lot 6 in New Jackson Sub., request granted; Bar- bara Reuter requesting suspension of the 1934 taxes on Lots 196, 200 and 201, Finley Addition, request granted; Emma Richter requesting cancellation of the 1933 and 1934 taxes on South 28 feet of M. 1.5 of City Lot 45 and the South 10 feet of Lot 6 'and all of Lot 7, Marsh's Addition, cancellation denied but a suspension granted; Mary J. Ring and Helen Junket•sdorf requesting suspension of taxes ott North '/z of West 170 feet of Lot 288, Davis Farm Addition, request gt•anted; Mrs. F. L. Schaefle requesting sus• Special Session, pension of the 1934 and prior years taxes on Lot 27 in G. W. Rogers Sub., request granted; Wayne B. Sehrunk requesting cancellation of taxes on the South 45 feet of Lot 6 of Porter's Addition, request de- nied; Mrs. Louis Strain requesting cancellation of the last half of the 1934 taxes on the South 35 feet of Lot 6 of Fosselman's Sub., request granted; Mathilda Thielen request- ing suspension of the 1934 taxes on the West r/z of Lot 28, Cax's Addi- tion, request granted; Della C. Thul requesting cancellation of the 1934 taxes on the South 2 feet 6 inches of Lot 2 and all of Lot 3 of Klein- schmidt's Sub., cancellation denied but a suspension granted; J. J. Weber requesting suspension of the 1934 taxes on N. 50 feet of Lot 1 of Sub. 1 of 103 of L. H. Langworthy's Addition, request granted; Joseph J. Weber requesting suspension of the 1934 taxes on N. 42 feet 6 inches of Lot 46 of E. Langworthy's Addition, request granted; Dora Wullweber requesting suspension of the 1934 taxes on the W. 44 feet of Lot 52 of East Dubuque Addition, request granted. Councilman Schiltz moved that the decisions of the City Council be approved and the Board of Supet•- visors to be notified of the action of the City Council. Seconded by Councilman Chalmers. Carried by the fallowing vote: Yeas -Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None, There being no fm•ther business, Councilman Roberts moved to ad- journ. Seconded by Councilman Chalmers. Carried by the following vote: Yeas - Mayot• Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays--None. J. J. SHEA, City Clerk. Approved ......................................1935. Adopted .......................................1935. Councilmen l ....................................... Attest : .................................................. City Clerk. )ctober 17th, 1935 245 DOARD o~ HEALTH (Official.) Special Session, October 17th, 1935. Board met at 6:20 P. M. Present-Chairman M, R. Kane, Messrs. John K. Chalmers, F. M. Jaeger, W. S. Roberts, Peter Schiltz. Communication of W. J. Connell, Director of Health, suggesting that if it is feasible that the Board of Health adopt a resolution declaring that the conditions in and about the home of Ludwig Brenner to be a nuisance, presented and read. Mr. W. S. Roberts moved to refer the communication to the City So- licitor. Seconded by Mr. Peter Schiltz. Carried by the following vote: Yeas-Chairman M. R. Kane, Messrs. John K. Chalmers, F. M. Jaeger, W. S. Roberts, Peter Schiltz. Nays-None. There being no further business, Mr. John K. Chalmers moved that the Board of Health adjourn. Sec- onded by Mr. W. S. Roberts. Carried by the following vote: Yeas-Chairman M. R. Kane, Messrs. John K. Chalmers, F. M. Jaeger, W. S. Roberts, Peter Schiltz. Nays-None. J. J. SHEA, Clerk of Board of Health. Approved ......................................1935. Adopted ........................................1935. ............................................ Members of Board of ............................................ Health Attest: Clerk, Bcat•d of Health. 246 Special Session, October 28th, 1935 CITY COUNCIL (Official) Special Session, October 28th, 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 Roberts. Mayor Kane read the call and stated that service thereof had been duly made and that this meeting is called far the purpose of conducting a public hearing upon the proposed plans, specifications, farm of con- tract, cast of improvements, and resolutions of necessity, for the pav- ing of Atlantic Street from the north property line of West 14th Street to the south property line of Rosedale Avenue, for the paving of Belmond Street from the north property line of Rose Street to the 'south property line of West 14th Street, for the pav- ing of Bluff Street from the north property line of West 3rd Street to the South property line of West 8th Street, and far the construction of an eight-inch vitrified the sanitary sewer on the east side of Fremont Avenue from St. Joseph Street 800 feet nm•therly and in St. Joseph Street from the manhole first west of Fremont Avenue to east side of Fremont Avenue, and acting on 'any other business as may properly come before a regular meeting of the City Council, Proof of publication, certified to by the publishers, of the notice of hearing upon plans and specifics- tions, form of contract and cost of construction of the paving of Atlan- tic Street twenty-three feet wide be• tween existing concrete curb and gutters from the north property line of West 14th Street to the south property line of Rosedale Avenue, presented 'and read. Councilman Jaeger moved to re- ceive and file the proof of publica- tion. Seconded by Councilman Schiltz. Carried by the following vote: Yeas-114ayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None, Proof of publication, certified to by the publishers, of the notice of pendency of resolution of necessity and hearing upon proposed plans and specifications, form of contract and cost of improvement of the pav ing of Atlantic Street twenty-three feet wide between existing concrete cm•b and gutters from the north property line of West 14th Street to the South property line of Rosedale Avenue, presented and read. Councilman Jaeger moved to re• ceive and file the proof of publica- tion, Seconded by Councilman Schiltz. Carried by the following vote: Yeas -Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz, Nays-None. Petition of James Wilson, et al, property owners and free holders ou Atlantic Street requesting that a clear understanding be given if the City wants to pave Atlantic Street and that the contract be only for the paving of Atlantic Street from the north property line of West 14th Street to the south property line of Rosedale Avenue, presented and read. Councilman Chalmers moved to re• ceive and file the petition, Seconded by Councilman Roberts. Carried by the following vote: Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. Resolution No. 140-35 Resolution containing the decision of the City Council upon objections to plans, specifications, form of con• tract and cost of improvement of the paving of Atlantic Street twenty- three feet wide between existing concrete curb and gutters from the north property line of West 14th Street to the south property line of Rosedale Avenue, presented and read. Councilman Jaeger moved the ad- option of the resolution. Second- ed by Councilman Chalmers. Car- ried by the following vote: Peas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None, Resolution No. 123-35 Resolution of necessity for the im- provement of the paving of Atlan- tic Street twenty-three feet hide between existing concrete curb and gutters from the north property line of West 14th Street to the south property line of Rosedale Avenue, said resolution having been intro- duced, approved and ordered placed on file with the City Clerk on the 7th day of October, 1935, present- ed for final adoption. Councilman Jaeger moved the- ad- oPtian of the resolution. Seconded by Councilman Schiltz, Carried by the following vote; Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None, Resolution No. 141-35 Resolution ordering construction Special Session, October 28th, 1935 247 and directing the City Clerk to ad- vertise for proposals for the im- provement of the paving of Atlantic Street twentythree feet wide be- tween existing concrete curb and gutters from the north property line of West 14th Street to the south property line of Rosedale Avenue, presented and read. Councilman Jaeger moved the ad- option of the resolution. Seconded by Councilman Schiltz. Carried by the follotiving vote: Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz, Nays-None. Proof of publication, certified to by the publishers, of the notice of pendency of resolution of necessity and hearing upon proposed plans and specifications, form of contract and cost of improvement of the pav- ing of Belmond Street twenty-seven feet wide between existing concrete curb and gutters from the north property line of Rose Street to the south property line of West 14th Street, presented and read. Councilman Schiltz moved to re• ceive sand file the proof of publica- tion. Seconded by Councilman Chal- mers. Carried by the following vote: Yeas -Mayor Kane, Councilmen Chalmers, Jaeger, Roberta, Schiltz. Nays-None. Councilman Jaeger moved that ac- tion be deferred an the resolution of necessity and all other resolutions for the improvement of the paving of Belmond Street twenty-seven feet wide between existing concrete curb and gutters from the north property line of Rose Street to the south property line of West 14th Street. Seconded by Councilman Schiltz. Carried by the following vote: Yeas -Mayor Kaue, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. Proof of publication, certified to by the publishers, of the notice of hearing upon plans and specific~- tions, form of contract and cost of construction of the paving of Bluff Streerf, forty-one feet wide, including curbs, from the north property line of West 3rd Street to the south pro- perty line of West 8th Street, pre- sented and read, Councilman Chalmers moved to re- ceive and file the proof of publica- tion. Seconded by Councilman Rob- erts. Can•ied by the following vote: Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. Proof of publication, certified to by the publishers, of the notice of pen- dency of resolution of necessity and hearing upon proposed plans and specifications, form of contract and cost of improvement of the paving of Bluff Street fartyone feet wide, including curbs, from the north pro- perty line of West 3rd Street to the south property line of West 8th Street, presented and read. Councilman Chalmers moved to re- ceive and file the proof of publica- tion. Seconded by Councilman Jae- ger. Carried by the following vote: Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None, Councilman Roberts moved to sus• pend the rules far the purpose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Chalmers. Carried by the following vote: Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None, Attorney J. J. Kintzinger addressed the Council and filed the written objections of K. J. Cooper et al against the proposed resolution oY necessity for the paving of Bluff Street forty-one feet wide including curbs from the north property line of West 3rd Street to the south pro- perty line of West Sth Street. Councilman Roberts moved that action be deferred on the written ob- jections filed, the resolution of neces- sity and all other resolutions for the improvement of the paving of Bluff Street forty-one feet wide including curbs from the north property line of West 3rd Street to the south pra• perty line of West 8th Street. Sec- onded by Councilman Schiltz, Car- ried by the following vote: Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. Proof of publication, certified to by the publishers, of the notice oY pendency of resolution of necessity and hearing upon proposed plans and specifications, fm•m of contract and cost of improvement for the con- struction of an eight inch vitrified the sanitary sewer on the east side of Fremont Avenue from St. Joseph Street 800 feet northerly and in St. Joseph Street from manhole first west of Fremont Avenue to east side of Fremont Avenue, presented and read. Councilman Jaeger moved to re- ceive and file the proof of publica- tion. Seconded by Councilman Rob- erts. Carried by the following vote: Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. Written objections of D, F. Hodges et al against the proposed construc- tion of an eight inch vitrified the 1 248 Special Session, October 28th, 1935 sanitary sewer on the east side of Fremont Avenue from St, Joseph Street 800 feet northerly and in St. Joseph Street from manhole first west of Fremont Avenue to east side of Fremont Avenue, presented and read. Mr. E. B. Lyons addressed the Council relative to the written ob- jections filed against the proposed construction of an eight inch vitri- fled the sanitary sewer on the east side of Fremont Avenue from St. Jos- eph Street 800 feet northerly and in St. Joseph Street from manhole first west of Fremont Avenue to east side of Fremont Avenue, Councilman Chalmers moved that action be deferred on the written objections filed, the resolution of necessity and all other resolutions far the construction of an eight inch vitrified the sanitary sewer on the east side of Fremont Avenue ft•om St. Joseph Street 800 feet northerly and in St. Joseph Street from man- hole first west of Fremont Avenue to east side of Fremont Avenue. Seconded by Councilman Roberts. 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 Septem- ber, 1935, Presented and read. Councilman Schiltz moved to re• ceive and file the proof of public- ton. Seconded by Cotmcilman Jae- ger. Carried by the fallowing vote: Yeas~Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None, Notice of Levy and Sale of D. W. Bates, Receiver of Union Trust & Savings Banlt, llubuque, Iowa, (Suc• cessor to L. A. Andrew) Versus C. L. Sheffield, Grace L. Sheffield, City of Dubuque et al, Defendants, on the westerly 8 feet of Lot 16 and all of Lots 17, 18, 19 and 20 all in Grand- view Heights, presented and read. Councilman Roberts moved to re- fer the Notice to the City Solicitor. Seconded by Councilman Chalmers. Carried by the following vote: Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. Notice of Levy and Sale of D. W. Bates, Receiver of Union Trust & Savings Bank, Dubuque, Iowa, Ver- sus Joseph P. Connolly, John H. Sul- livan, Clarence Connolly, City of Du- buque, County of Dubuque, Defend- ants, on Lot 4 in Fortanes Subdivi- sion, presented and read. Councilman Chalmers moved to refer the Notice to the City Solici- tor. Seconded by Councilman Jaeger. Carried by the following vote: Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. Petition of Retail Merchant s Bureau requesting permission to erect Christmas lighting decorations at intersections on Main Street from 4th Street to 10th Street and on West 8th Street from Iowa Street to Bluff Street and also requesting per- mission for the holding of a parade ott November 30th, 1935, presented and read. Councilman Roberts moved that the prayer of the petition be granted. Soconded by Councilman Jaeger. Carried by the following vote: Yeas--Mayor Dane, Councilmen Chalmers, Jaeger, Roberts, Schiltz, Nays-None. Petition of C. J. Elgin requesting that a sanitary setiver be placed in Cox Street to r'un from his property to the City sewer in Kirkwood Street, presented and read. Councilman Jaeger moved to refer the petition to the City Manager. Seconded by Councilman Roberts. Carried by the following vote: Yeas--Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. ATays-None. Petition of Katherine Coffman et al requesting that the street light, which has been removed from the north side of Curtis Street half way between McEvoy Place and South Hill Street, be replaced, presented and read. Comtcilman Jaeger moved to refer the petition to the City Council to view the grounds. Seconded by Councilman Schiltz. Carried by the following vote: Yeas--Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. Councilman Roberts moved that the Council rescind their action tak- en at the meeting of October 17th, 1935, in granting a suspension of the 1934 taxes instead of a cancella• tion of said taxes as requested in the petition of Della C. Thul, otivner of the South 2 feet 6 inches of Lot 2 and all of Lot 3 of Kleinschmidt's Sub., and that the Board of Super- visors be notified of the action of the City Council. Seconded by Council- man Chalmers. Carried by the fol• lowing vote; Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None, Councilman Roberts moved that the prayer of the petition of Della C. Thul, be granted, requesting a Session, October 28th, 1935 249 cancellation of the 1934 taxes on the South 2 feet 6 inches of Lot 2 and all of Lot 3 of Kleinschmidt's Sub., and the Board of Supervisors to be noti- fled of the action of the City Council. Seconded by Councilman Chalmers. Carried by the following vote: Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. October 28, 1936. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen In connection with Ordinance No. 13-35, regarding new milk inspection details, as finally adopted and ap- proved October 7, 1935, please be advised as follows: It is determined that one addi- tional inspector, having proper ex- perience in chemical analysis and bacteria contents in milk, will have to be employed by the City of Du- bugne. Applications, as received, include statements and requests far employ- ment from the following persons: 1. James F. Frawley, Lennox Add., Dubuque Township, 2. V. F. Chapman, 1006 Rush Street, Dubuque City. 3. C. W. Genzler, 695 Wilson Ave; rue, Dubuque City. 4. F. F. McCoy, 339 West 7th Street, Dubuque City. 5. Chas. B. Beach, 285 Alpine Street, Dubuque City. 6. Miss Mildred McManus, 2646 Jackson Street, Dubuque City. 7. Carl Primmasing, 2255 Francis Street, Dubuque City. 8. Robt, C. Reilly, 449 Clark Street, Dubuque City. Further data was received from many persons knowing and ac- quainted with past activities in milk contt•ol of certain of these applicants. Mr. W, C. Perdue, of Federal Mar- ket Administration, tivas at Dubuque Saturday, October 26th, and invest- igated all applications and met with certain of the applicants. It is the belief, after an extensive study and investigation, that Mr. V. F. Chapman has had more exper• fence in Chemistry, Research and matters pertaining to Milk Control than any of the seven other appli- cants, 14Ir. Chapman has been in• vestigated by the local Dairy Market- ing Association and there is on file a recommendation from thin group of milk dealers, who supply about 75% of the milk and cream to Dubuque, that Mr. Chapman be appointed as the Dubuque new Milk Inspector. Their opinion is to recommend the most experienced, efficient and capa- ble applicant. Local revenue, per month, from the $.Ol per 100 lbs. of milk distributed, is estimated at $135.00. A maximum additional fee of $50.D0 per month is promised by Mr. Perdue from Fed- eral aid. Mr, Chapman has agreed to accept the Dubuque new Milk Inspector's position on the basis of $125.00 monthly salary. He further agrees to provide a car, properly insured, and to contact all persons required by the ordinance at $25.00 per month, he to maihtain his car, buy his awn gasoline and oil and assume all car costs. These facts are presented to the City Council as a matter of record. Accordingly, 1 have determined to appoint Mr. V. F. Chapman, as our new Milk Inspector, to be effective November 1, 1935. No contract is to be made. His appointment will be and continue on the basis of satis- factory service, All applications, written state• ments from other than applicants, telegrams, etc., except phone calls, are in my files and can be reviewed. Respectfully submitted, R. M. EVANS, City Manager. Councilman Chalmers moved that the report of City Manager Evans be made a matter of record. Seconded by Councilman Roberts. Carried by the following vote; Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. Resolution No, 142-35 WHEREAS, application for Class "B" Beer Permit has been sub- mitted to this Council for aPProval and the same has been examined: Now, therefore, BE IT RESOLVED by the Council of the City of Dubuque that the fol- lowing application be and the same is hereby approved and it is ordered that the Premises to be occupied by such applicant shall be forthwith inspected: CLASS "B" PERMIT John Armstrong, 398 Maiu Street. Passed, adopted and approved this 28th day of October, 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. Seconded 280 Special Session, October 28th, 1935 by Councilman Chalmers. Carried by the following vote: Yeas-Mayor Kane, Councilmen - Chalmers, Jaeger, Roberts, Schiltz, Nays-None. Resolution N'q. 143-35 WHEREAS, heretofore an applica- tion was filed by the within named applicant for Beer Permit and he received the approval of this Coun- cil; and WHEREAS, the premises to be occupied by him have been inspected and found to comply with the ordi- nances of this City and he has filed a proper hand: NOWt THEREFORE, BE IT RESOLVED by the Council of the City of Dubuque that the Manager be and he is hereby direct- ed to issue to the following named person a Beer Permit, CLASS "B" PERMIT - John Armstrong, 398 Main Street. BE IT FURTHER RESOLVED that the bond filed by such applicant be and the same are hereby ap- proved. Passed, adopted and approved this 28th day of October, 1935. - M. R, KANE, Mayor. JOHN K, CHALMERS, W. S. ROBERTS, PETER SCHILTZ, = F. M. JAEGER, = Councilmen. Attest: J. J. SHEA, = City Clerk. Councilman Chalmers 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, October 28, 1935. - To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: Attached is a letter from the Du- = buque Chamber of Commerce re- __ questing that the writer prepare and -_ submit to the Tax Committee cer- tain information today. This was accomplished and after my report and discussion, a motion was passed by the Tax Committee of the Cham- ber of Commerce that this report = be written and filed with the City Council far their consideration. - Accordingly, please find the attached report as prepared for this meeting. Respectfully submitted, R. M. EVANS, City Manager. Councilman Jaeger moved to refer the communication of City Manager Evans with attached report to the City Council. Seconded by Council- man Chalmers. Carried by the fol• lowing vote: Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. Verbs] report of City Solicitor Czizek recommending the settle- ment of the personal injury claim of Mrs. Chris A. Muehl in the amount of $300.00 far injuries re- ceived in fall due to a depression in the sidewalk at 2845 Central Avenue, presented, Councilman Chalmers moved that the recommendation of City Solicitor Czizek be approved and that a war- rant in the amount of $300.00 be ordered drawn on the City Trea- surer in favor of Mrs. Chris. A. Muehl as settlement in full of her persona] injury claim. Seconded by Councilman Schiltz. Carried by the following vote: Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz, Nays-None. There being no further business Councilmah Schiltz !moved to ad- journ. Seconded by Councilman Jaeger. Carried by the fallowing vote; Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz, Nays-None, J, J. SHEA. City Cleric. Approved ....................................1935. Adopted ......................................1935. Councilmen Attest: City Clerk, Regular Session, November 4th, 1935 281 CITYCOUCIL (Official) Regular Session, November 4th., 1935. Council met at 8:30 P. M. Present-Mayor Kane, Council• men Chalmers, Jaeger, Roberts, Schiltz, City Manager Evans. Mayor Kane stated that this is the regular monthly meeting of the City Council for the purpose of act- ing upon such business as may prop-, erly come before the meeting. Petition of F, Brown et al ob• jetting tc the proposed improve- ment of Belmoncl Street from the north property line of Rose Street to the south property line of West 14th. Street, presented and read. Councilman Chalmers moved to re- ceive and file the petition of remon- strance. Seconded by Councilman Roberts. Carried by the follotiving vote: Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None, Councilman Chalmers moved that all previous action taken by the City Council on the proposed im- provement of Belmoncl Street from the north property line of Rose Street to the south property line of West 14th, Street he rescinded. Seconded by Councilman Jaeger. Carried by the following vote: Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. Petition of Sisters of St. Francis et al objecting to the proposed reso- ]tttion of necessity for the paving of Bluff Street from the north prop- erty line of West 3rd. Street to the south property line of West 8th. Street, presented and read. Councilman Chalmers moved to suspend the rules for the purpose cf allowing anyone present in the Council Chamber, who wishes to do so, to address the Council. Sec- onded by Councilman Schiltz, Car- ried by the following vote: Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz, Nays-None. Councilman Chalmers moved to receive and file the petitions of remonstrance of Sisters of St, Fran- cis et al and also K. J. Cooper et al objecting to the proposed reso- lution of necessity far the paving of Bluff Street from the north prop- erty line of West 3rd. Street to the south property line of West 8th, Street. Seconded by Councilman S~,hiltz. Carried by the fallowing vote: Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. Resolution No. 144-35 Decision of Council upon objec- tions to plans, specifications, form of contract and cost of improvement for the paving of Blttff Street from the uorth property line of West 3rd. StreFa to the south property line of West 8th. Street, presented and read. Councilman Roberts moved the adoption of the resolution. Second- ed by Councilman Chalmers. Car• r.ied by the following vote: Yeas--Mayor Kane, Councilmen (,hal;uers, Jaeger, Roberts, Schiltz. ATays-None. Resolution No. 129-35 Pesolution of necessity for the paving of Bluff Street from the north property line of West 3rd Street to the south property line of West 8th Street, said resolution having been introduced, approved and placed on file tivith the City Clerk on October 7th, 1935, presented far final adop• tian. 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. Resolution Na. 145-35. Ordering construction of the pav- ing of Bluff Street from the north property line of West 3rd. Street tr the south property line of West 8th. Street, and directing the City Clerk to advertise for proposals, presented and read. Councilman Roberts moved the adoption of the resolution, Second- ed by Councilman Chalmers. Car- ried by the following vote: Yeas-iUiayor Kane, Councilmen nhalmers, Jaeger, Roberts, Schiltz. Nays-None. Petition of W. M. Clemens object- ing to the present project which calls for building the sewer on Fre- mont Avenue following the sidewal]c down Fremont Avenue as far as St. Joseph Street, presented and read. Messrs. Lyons, Hodges, Sommer- Feld and Martin addressed the Coun- cil objecting to the proposed con- struction of au eight inch vitrified the sanitary sewer on the east side of Fremont Avenue from St. Joseph Street 800 feet northerly and in St. Joseph Street from manhole first west of Fremont Avenue to east side of Fremont Avenue. Councilman Chalmers moved to re- ceive and file the petitions of re- monstrance of W. M. Clemens and also D. F. Hodges et al objecting to the proposed construction of an eight inch vitrified the sanitary ~N'~ '~~ i a , ~` ~' 1 ~' liil,'~ is 4 4'. 6~I~ e,~ ~~~>~ ~~,'X +, = N,` 4liYlh~,, ^ Fil't