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1934 December Council ProceedingsRegular Session, December 3rd, 1934 33S CITY COUNCIL (Official) Regular Session, December 3rd, 1934. Council met at 7:30 P, M. Present-Mayor Kane, Councilmen Andelfinger, Jaegor, Roberta, Schiltz, City Manager Evans. Mayor Kane stated that this is the regular monthly meeting of the City Council for the purpose of acting upon such business as may properly come before the meeting, Councilman Andelfinger moved that all previous action taken on Or•~ dinance No. 15-34, An ordinance fixing and regulating rates to be charged for the furnishing of elec- tricity for Residential, Commercial, Power, and other uses and Purposes within the City of Dubuque, Iowa; prescribing a penalty hereof; repeal- ing al] ordinances and resolutions in conflict herewith; and declaring an emergency, be rescinded. Seconded by Councilman Roberts. Carried by •the following vote: Yeas -Mayor Kane, Councilmen Andelfinger, Jaeger, Roberts, Schiltz, Nays-None. • Ordinance No. 18-34. An Ordin- ance fixing and establishing rates to be charged for the furnishing of electricity for residential, commer• cial, power, and other uses and pur• poses within the City of Dubuque, Iowa; prescribing a penalty for vio- lation hereof; repealing gall ordin- ances and resolutions in conflict herewith; and declaring an emer- gency, presented and read. Councilman Andelfinger move d that the reading just had be consid- ered the first reading of the ordin- ance. Seconded by Councilman Schiltz. Carried by the following vote: Yeas-Mayor Kane, Councilmen Andelfinger, Jaeger, Roberts, Schiltz. Nays-None, Councilman Andelfinger moved to suspend the rules requiring an or- dinance to be read on three separate days. Seconded by Councilman Schiltz, Carried by the following vote; Yeas-Mayor Kane, Councilmen Andelfinger, Jaeger, Roberts, Schiltz. Nays-None, The ordinance was then read a second time. Councilman Andel- finger moved that the reading just had be considered the second read- ing of the ordinance, Seconded by Councilman Schiltz. Carried by the following vote: Yeae -Mayor Kane, Councilmen Andelfinger, Jaeger, Roberts, Schiltz, Nays-None. Petition of The Salvation Army requesting permission to place Xmas Kettles on the streets of the City of Dubuque from December 1st, 1934, to December 25th, 1934, presented and read. Councilman Andelfinger move d that the prayer of the petition be granted. Seconded by Councilman Roberts. Carried by the following vote: Yeas -Mayor Kane, Councilmen Andelfinger, Jaeger, Roberta, Schiltz. Nays-None. Original Notice of Suit of Mrs. Belle Lawrence, Plaintiff, vs. City of Dubuque, Iowa, Defendant, in the amount of $1,500.00 for personal in- juries resulting from a fall on the sidewalk between the 500 and 600 block on the north side of Julien Avenue, due to accumulation of wet leaves on the sidewalk, presented and read. Councilman Schiltz moved to re• fer the Original Notice of Suit to the City Solicitor. Seconded by Councilman Andelfinger. Carried by the fallowing vote: Yeas -Mayor Kane, Councilmen Andelfinger, Jaeger, Roberts, Schiltz. Nays-None. Dubuque, Iowa, November 30th, 1934. To City Council of City of Dubuque, Iowa. c/o City Manager, City Hall, Dubuque, Iowa. Gentlemen: The following is a copy of the resolution as adopted by the Board of Supervisors of Dubuque County, Iowa, on the 27th day of November, 1934. Respectfully yours, P. J. KIES, County Auditor, Dubuque County,Ta. Resolution Whereas, the Iowa State Emerg- ency Relief Committee, by their At- torney and other officials, have con• sistently advocated that Liability and Compensation Insurance on re• lief workers should not be carried in regular insurance companies by the individual counties, and Whereas, Dubuque County, City and the various taxing units of the County have been paying insurance premiums on relief work until it is impractical to pay any longer, Therefore, Be It Resolved that Dubuque County cancel their policy for the remainder of the year dating from Dec. 1, 1934, on all relief work employees, and the County Auditor is hereby instructed to notify the Employers Mutual Casualty Co. Hof Des Moines, through their agent, 336 Regular Session, December 3rd, 1934 The Schlueter Insurance Agency of Dubuque, Iowa. Roll call resulted as follows: Ayes; Supervisors Datisman, Mol- loy and Schuckert. Nays: None. Resolution was declared adapted. Councilman Jaeger moved that the communication be made a matter of record. Seconded by Councilman Schiltz, Carried by the following vote: Yeas-Mayor Kane, Councilmen Andelfinger, Jaeger, Roberts, Schiltz, Nays-None. Petition of A. H. Herget et al., business men and property owners on Central Avenue, requesting that immediate action be taken to have all of the boulevard lights on Cen- tral Avenue relighted, presented and read. Councilman Andelfinger move d that the prayer of the petition be granted and lights ordered turned on until January let, 1935. Seconded by Counci]man Jaeger. Carried by the following vote: Yeas -Mayor Kane, Councilmen Andelfinger, Jaeger, Roberts, Schiltz. Nays-None. Petition of Herman D, Grashorn, referred to the City Council by the Board of Supervisors, requesting the cancellation or suspension of the 1931, 1932 and 1933 taxes on East 1/z of Lot 24 and Lot 39 of A. Stinea Addition presented and read. Councilman Schiltz moved to re- fer the petition to the City Solicitor for investigation and report, Sec- onded by Councilman Jaeger. Car- ried by the following vote: Yeas -Mayor Kane, Councilmen Andelfinger, Jaeger, Roberts, Schiltz, Nays-None, Petition of Eugene A. Ryle, re- (erred to the City Council by the Board of Supervisors, requesting suspension of the 1933 taxes on Lots 36, 37 and 38, Levens Addition, pre• sented and read. Councilman Schiltz moved to re• for the petition to the City Solicitor for investigation and report. Sec• onned by Councilman Jaeger, Car- ried by the fallowing vote: Yeas -Mayor Kane, Councilmen Andelfinger, Jaeger, Roberts, Schiltz. Nays-None. Petition of C. J. Schmidt, referred to the City Council by the Board of Supervisors, requesting the suspen• sion of the 1933 taxes on South ~Z of Lot 4 of F. Fosselman's Sub„ pre• sented 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 Andelfinger, Jaeger, Roberts, Schiltz, Nays-None, Resolution Nc. 133-34. Be It Resolved by the City Coun- cil of the City of Dubuque that a contract of lease be entered into by and between the City of Dubuque and the Inernational Harvester Com- pany of Dubuque, Iowa, and the J. D, Adams Company, Indianapolis, Indiana, for one new International Harvester Co, 40 H,P. Gasoline Wide-Tread Model TA Trac-Tractor and one new attached, adjustable Continental Heavy Duty Trailbuild- er in accordance with the form thereof prepared by the City Solic• itor for the sum of $4,552,50, less the trade~in allowance amounting to $965.00 on the present city 60 H.P. Caterpillar and Bulldozer, or a net sum of $3,587.50. Be It Further Resolved that the SAecifications, Lease Agreement or Contract shall form a part of this resolution, Be It Further Resolved that the City Manager and City Clerk be authorized to execute the Lease Agreement hereto attached and made a part hereof. This Resolution being deemed ur- gent and of immediate necessity shall be in force and effect from and after its final adoption by the City Council. Approved and placed on file with the City Clerk November 23rd, 1934. Passed, adopted and approved this 3rd day of December, 1934. M. R, KANE, Mayor. M. B. ANDELFINGER, W. S. ROBERTS, PETER SCHILTZ, F. M. JAEGER, Councilmen. Attest: J. J, SHEA, City Clerk. Councilman Roberts moved the adoption of the resolution. Seconded by Councilman Schiltz. Carried by the following vote; Yeas -Mayor Kane, Councilmen Andelfinger, Jaeger, Roberts, Schiltz, Nays-None. Contract of Lease far One New Tractor and Bulldozer This Contract of Lease made in duplicate by and between the Inter- national Harvester Company of Du- buque, Iowa, and the J. D. Adams Company of Indianapolis, Ind,, here- inafter called the Companies, and the City of Dubuque, Iowa, by its authorized representatives, herein- after called the City. Witnesseth: First. The Companies hereby agree Regular Session, December 3rd, 1934 337 to furnish one, new, wde-tread 40,0 H,P., Model TA-40 McCormick Deer- ing Trac-Tractor and one new, at- tached and adjustable Continental Heavy Duty Trailbuilder, with 12 volt lights, starter and battery, ac- cording to the specifications hereto attached and made a part of this ]ease, and to deliver said equipment F. 0, B. to the City of Dubuque, Iowa, prior to December 10th,, 1934. Second. The Companies guarantee that all material and workmanship in and about said apparatus and equipment shall conSply with their specifications and the Companies agree to replace free of charge to the City of Dubuque, Iowa, -any part or parts found defective for three (3) months after delivery, Third. The City hereby rents and ]eases the Tractor and Trailbuilder equipment, herein described for a term of about eighteen (18) months from date of delivery and agrees to pay as rental for said apparatus and equipment the sum of $4,552,50, less an allowance of $966.00 for the sur-i render of the present old city-owned 60 H.P, Caterpillar Tractor and at- tached Bulldozer, making a net bal- ance of $3,587.50. Said lease shall be subject to an option by the City at any time during said lease to pur- chase said apparatus for the net sum of $3,687.50. The terms of the said ]ease shall be as follows: $1,793.76 to be paid by the City on or before May 1, 1935. $1,793,75 to be paid by the City on or before May 1, 1936. In case the City, during the term of this lease, shall elect to purchase said equipment, al] of said payments made by the City shall apply'on the purchase price thereof, If and when the final full payment has been made by the City to the Companies, the full legal title to such apparatus and equipment shall be furnished by the Companies. Fourth. It fs agreed that the ap• paratus and equipment shall remain the property of the Companies until all lease payments have been made, and in case of any default in pay- ment, the Companies may take full possession of the apparatus and equipment and any payments that have been made shall apply as rent in full far the use of the apparatus and equipment up to date of taking possession. Fifth. The City agrees that the operation by the City of the appar- atus and equipment, during the term of this lease, shall be at the cost, expense and risk of the City, This does not in any way release the Companies from their guarantee against defective material and work- manship, as stated in Section No. 2. Sixth. This lease, to be binding, must be signed and approved by the President of the International Har- vester Company, or someone auth- orized so to do and the President of the J. D, Adams Company, or soms- one authorized so to do. This lease and specifications shall take preced- ence aver all other previous negotia- tions. In Witness Whereof, the said par• ties have caused these presents to be executed and the City has caused its corporate seal to be hereunto af- fixed and attested by its authorized representatives on this 4th day of December, 1934. THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA, R. M, Evans, City Manager. W. H, Cullen, Witness, By J. J. Shea, City Clerk, W. H. Cullen, Witness, INTERNATIONAL HARVESTER CO, OF AMERICA, DUBUQUE, IOWA, By R. C. Footer. W, H. Schlung, Witness. J, D. ADAMS CO., INDIANAPOLIS, IND,, By has. C. Antle. W. H. Schlung, Witness, Communications of C. F. Bartels, Building Commissioner, Wm, L. Ryan, Chief Department of Fire, and Joseph T. Scharry, Sanitary Inspect- or, Health Department, recommend- ing that the four story brick front building on City Lot 14 and owned by the Sisters of the Holy Ghost be condemned or reconstructed pre- sented and read. Councilman Andelfinger move d that the communications be made a matter of record. Seconded by Coun• Gilman Schiltz. Carried by the fol- lowing vote: Yeas -Mayor Kane, Councilmen Andelfinger, Jaeger, Roberts, Schiltz. Nays-None. Councilman Andelfinger move d the appointments of Mr, C, I. Kra- jewsl~l, Mr. Paul Braun and Mr,. David T. Howie, together with the Building Commissioner, to act as a committee to investigate and report back to the City Council their find- ings as to the condemnation of the building located on City Lot 14 and owned by the Sisters of the Holy Ghost and also as to the condemna- tion of the buildings located on City Lot 46 and owned by J. M. Sullivan. 338 Regular Session, December 3rd, 1934 Seconded by Councilman Schiltz. Carried by the following vote: Yeas -Mayor Kane, Councilmen Andelfinger, Jaeger, Roborts, Schiltz, Nays-None. Report of the Board of Health for the month of October, 1934, pre- sented. Councilman Schiltz moved that the report of the Board , of Health far the month of October, 1934, be received and placed on file. Second• ed by Councilman Roberts. Carried by the following vote: Yeas -Mayor Kane, Councilmen Andelfinger, Jaeger, Roberts, Schiltz, Nays-None. December 3, 1934. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have approved the following bonds and policies and desire to have your approval on same for filing: EXCAVATION Frank C, Braconier, 1091 Julien Avenue; Policy No. YE 3224, London Guarantee and Accident Co, SIGNS Crescent Sweet Shop (L. J. Knock- el), 1048 Main Street; Policy No. 10373, Employers Mutual Casualty Co. Charles Gross, 1722 Central Ave- nue; Policy No, 10329, Employers Mutual Casualty Co. Larry and Sid Pelinka, 972 Main Street; Policy No. ILO 55419, Great American Indemnity Co. Manlzato Brewing Co.-Signs at the following locations: 1236 Iowa Street, 4th and Locust Streets, 22nd and Jackson Streets, 13th and Cen- tral Avenue, 1236 Iowa Street; Pol- icy No. 20GL444, The Aetna Casualty and Surety Co. A, G. Sommerfeld, 668 Towa Street; Policy No, CLI2277, Colum- bia Casualty Co. Hoppman Brake Service, 443 Cen- tral Avenue; Bond No. 2054, Mer• chants Mutual Bonding Co. Roma Cafe, 926 Main Street; Bond No. 2055, Merchants Mutual Bond- ing Co. Yours very truly, R, M. EVANS, City Manager. Councilman Roberts moved that the bonds and policies be approved and placed on file. Seconded by Councilman Andelfinger. Carried by the following vote: Yeas -Mayor Kane, Councilmen Andelfinger, Jaeger, Roberts, Schiltz. Nays-None. November 30, 1934. Tc the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: By action of the City Council of November 23, 1934, the petition of Mr. K, L, Dooley, of Wa• terloo, Iowa, dated November 23, 1934, requesting the right to install and operate a Furniture Auction Market at the Austin Building, southwest corner of Main and Third Streets, was referred to the City Manager for investigation and report. Accordingly, an interview was held with Mr. Dooley November 28th. Attached is a letter from him, also, dated November 29, 1934, stat• ing more fully his desired method of business which includes: 1. Period of operation, indefinite. Desired to continue gas long as business conditions would be favorable. 2. Purpose is (a) To buy and sell at auctions used furniture; (b) To retail used and new furniture. 3. The used household goods to be sold at auction and at retail shall be secured: (a) From local Loan Companies as repossessed furniture. (b) From local persons breaking up housekeeping. 4. Furniture will be either bought outright or sold at auction or re• tail on a commission basis, Attached is a sketch of the terri- tory described in Ordinance 4.1933 within which NO such auction busi- ness can be conducted. Inasmuch as the proposed location at the south- west corner of Main and Third Streets is definitely WITHIN the re- stricted area, I can see no possibil- ity of recommending the approval of this business at this site, Yours very truly, R. M. EVANS, City Manager. Councilman Schiltz moved that the communication of City Manager Evans and the petition of K. L. Dooley be received and filed. Sec• onded by Councilman Jaeger. Car• Tied by the following vote; Yeas -Mayor Kane, Councilmen Andelfinger, Jaeger, Roberts, Schiltz. Nays-None. November 28, 1934. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: During the early sum- mer of 1934, by Council action, the Dubuque Humane Society was re- quired to move the shelter from its present location at 2508 Jackson Street, as quickly as possible, to an- other site not objectionable to the neighbors. The delay was largely due to the fact that Miss Bess G. Bissell was i11 for some time 'at Lutson, Minne- sota, Miss Bissell has now returned to Dubuque, Recently, Miss Bissell Regular Session, December 3rd, 1934 339 and other officers of the Humane Society have been trying to secure an outlying city tract suitable for a new and more modern shelter. Thus far, no property in the city, or out- side the city, has been secured. Reports, practically every week, have been transmitted to the Hu- mane Society from our officers at the City Hall regarding filed objec- tions to the present use of the shel- ter at Jackson Street. Accordingly, Miss Bissell advised me on November 26th, 1934, that the plan was to close the Jackson Street Shelter by December 15th, 1934; that no additional animals would be cared for after December 1st and that attempts between December 1st and 15th would be made to find pro- per homes far the rest of the animals. If no new location is found prior to December 15th, the Humane So• ciety will, at least temporarily, be unable to care for any animals until such time as new property is se• cured in an approved location. Yours very truly, R. M. EVANS, City Manager. Councilman Andelfinger move d that the communication of City Man- ager Evans be received and made a matter of record. Seconded by Coun- cilman Roberta. Carried by the fol- lowing vote: Yeas -Mayor Kane, Councilmen Andelfinger, Jaeger, Roberta, Schiltz, Nays-None, December 3, 1934. To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: Attached is the peti- tion filed September 17, 1934, by residents of Mt. Loretta Avenue ask- ing that City Busses be operated on and over Mt. Loretta Avenue, The report from the Tnterstate Power Company, dated September 28, 1934, is also attached hereto, stating reasons why it is impractical to serve this street with transpor- tation service under present condi• bona. Since this September 28th report was received, additional attempts were made to try to secure this de- sired servlee, but no favorable re• salts have been obtained. Yours very truly, R, M, EVANS, City Manager. Councilman Andelfinger m o v e that the communication of City Man ager Evans and petition of F. J Kotowake et al. be received an filed. Seconded by Councilman Rob erts. Carried by the following vote: Yeas -Mayor Kane, Councilme Andelfinger, Jaeger, Roberts, Schiltz Nays-None. December 3, 1934. Tc the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Attached is a letter from M. E. Brooks, dated September 5, 1934, and invoice. from Mullen Bros. amounting to $7.37 for service performed by Mullen Bros, on Au- i gust 16th ~at residence owned by Mr. Schuster at 870 So. Grandview Ave• nue, opposite the entrance to Over• view Court. Trouble existed in the main sewer on Grandview Avenue just below this residence, We were advised af• ter Mullen Bros. had attempted to relieve this sewer connection, but could not open the same, as sewage continued to run into this cellar af- ter Mullen's work was finished. Connie Sullivan discovered that the main sewer was stopped due to a large accumulation of mash. The mash was removed and no further trouble existed in this section. The delay in presenting these facts to the Council was due to our in• vestigation to try to determine from where this mash was dumped into the sewer. Thus far no actual deter urination has been made. The fam- ily, or families, dumping this mash should be required to stand the en- tire bill of expense. Mr. Brooks requested last week that this matter be adjusted, Yours very truly, R. M, EVANS, City Manager. Councilman Andelfinger move d that the bill of Mullen Bros. $ Co. in the amount of $7.37 for wiring out sewer and repairing the same at the property of Mr. L. J. Schuster, located at 870 South Grandview Ave- nue, caused by the backing up of the sanitary sewer into the basement of said building, be allowed and a warrant in the amount of $7,37 be ordered drawn on the City Treas- urer in favor of Mullen Bros. & Co. to cover the amount of said bill. Seconded by Councilman Jaeger. Carried by the following vote: Yeas -Mayor Kane, Councilmen Andelfinger, Jaeger, Roberts, Schiltz. Nays-None. December 3, 1934, To the Honorable Mayor and City Council, Dubuque, Towa. Gentlemen: Attached is an invita- tion from the National Safety Coun- cil of Chicago to the City of Du- d buque to again join in the traffic - safety contest with other U. S. cities far 1935, We have entered this con- d test during 1932, 1933 and 1934, Benefits have been outstanding and our results certainly qualify the n sendiflg to them of our monthly and . annual reports, as is required in the entrance plan. '340 Regular Session, December 3rd, 1934 ` Na expense from the City is nec- I essary to join as the Dubuque Auto- mobile Club has paid yearly the $20,00 fee credited to the Dubuque ^_ Safety Council, I strongly recommend the appro• ~ va] of the Council to join for 1935. Yours very truly, R. M, EVANS, ~ City Manager. ~ Councilman Jaeger moved that the recommendation of City Man- ager Evans be approved. Seconded by Councilman Schiltz, Carried by the following vote: ~ Yeas -Mayor Kane, Councilmen ~ Andelfinger, Jaeger, Roberts, Schiltz, Nays-None. ~ Councilman Andelfinger moved to ~ suspend the rules for the purpose of = allowing any ogre present in the Council Chamber, who wishes to do - so, to address the Council. Second- ed by Councilman Schiltz. Carried by the following vote: Yeas -Mayor Kane, Councilmen - Andelfinger, Jaeger, Roberts, Schiltz. Nays-None. _ Attorney F. D. Gilloon addressed ' the Council relative to the enact• - ment of Ordinance No, 18-34. An - ordinance fixing and establishing = rates to be charged for the furnish• _ ing of electricity for residential, j commercial, power, and other uses and purposes within the City of Du• - buque, Iowa. There being na further business, Councilm~anl Andelfinger moved to adjourn. Seconded by Councilman Schiltz. Carried by the following - vote: Yeas -Mayor Kane, Councilmen _ Andelfinger, Jaeger, Roberts, Schiltz. Nays-None. J. J. SHEA, City Clerk. Approved ......................................1935. Adopted . ........................................1935. ........................................ Councilmen ........................................ Attest : .................................................. City Clerk. BOARD of HEALTH (Official) Special Session, December 3rd, 1934. Board met at 8:45 P. M. Present-Chairman M. R. Kane, Messrs. M. B, Andelfinger, F. M, Jaeger, W. S. Roberts, Peter Schiltz. November 30, 1934. City Council as Board of Health, Dubuque, Iowa. Gentlemen: A question has recent- ly been raised as to fees collected from individuals pertaining to Vital Statistics, not being turned into the City Treasurer. On August 17, 1933, the City Coun• Gil, acting as the Board of Health, Page 188 of the 1933 Council min- utes, did make the following appoint- ment: "Councilman Schuckert move d that Dr. W. J. Connell, Director of Health, be appointed as Registrar of Vital Statistics for the City of Dubuque in Julien Township for a term of four years. Seconded by Councilman McEvoy. Carried by the following vote: Yeas -Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert, Thompson. Nays-None," A previous letter was filed by Dr. W. J. Connell August 7, 1933, Page 179 of the 1933 Council minutes, ad- vising that Mr. Robert Marshall's term, as Registrar of Vital Statistics, would expire in August 1933 and stating that the local Health Depart- ment was desirous of having local records kept in the City Hall and further quoting from Section 2389 of Chaptor 114 of the 1931 Iowa Cade that in cities of over 30,000 popula- tion the local Board of Health has the power to appoint a Registrar of Vita] Statistics. In the 1929 Council minutes, on Pages 352, 355 and 486, mention was also made of Dr. Connell's reasons why a City Registrar should be appointed. Chapter 114 of the 1931 Code, in- cluding Registration of Vital Statis- tics, does not state that fees secured by a local Registrar shall be turned over to the City. Dr. Connell's offer several years prior to his 1933 ap- pointment included the remark that he would do this additional work for the city. • It was the writer's belief that all funds to be received from Vital Stat- istics would be turned over to the city. The 1934.5 fiscal Budget, Page 5, shows an item in Miscellaneous Sources of anticipated yearly rev Special Session, December 13th, 1934 341 enue from Registration of Vital Statistics amounting to $300.00. Dr. Connell, at his own expense since August 13, 1933, has purchased necesary books, etc., to properly conduct this service. He is also pay- ing his assistant, Miss Mae Moore, a monthly additional salary. The purpose of this letter is to advise the Council of this misunder- standing. •If Dr. Connell was to re- ceive these Pees to offset his ex- penses and additional service, our set-up of the 1934.5 Budget, as ap- proved by the City Council, was in error. Kindly consider this question. I desire that a decision'be.reached as to the proper distribution of all funds Pram this service from the time of appointment of Dr. Connell August 17, 1933, to four years hence, August 17, 1937, to clarify our records. Yours very truly, R. M. EVANS, City Manager, In order to clarify the record of the meeting of the Board of Health held August 17th, 1934, relative to the appointment of Dr, W. J. Connell as Registrar of Vital Statistics for the City of Dubuque in Julien Town- ship for a term of four years, Mr. M. B. Andelfinger moved that the Registrar of Vital Statistics be al• lowed the State fee as compensation in full for services rendered as such officer from date of appointment until expiration of said term. Sec- onded by Mr. Peter Schiltz. Carried by the following vote: Yeas -Chairman M. R, Kane, Messrs. M, B, Andelfinger, F. M, Jaeger, W. S. Roberts, Peter Schiltz. Nays-None. There being no further business, Mr. M. B. Andelfinger moved to ad- journ. Seconded liy Mr. Peter Schiltz. Carried by the following vote: Yeas -Chairman M. R, Kane, Messrs. M. B. Andelfinger, F. M. Jaeger, W, S. Roberta, Peter Schiltz. Nays-None. J. J. SHEA, Clerk of Board of Health. ABAroved ....................................1936. Adopted ........................................1935. Members of Board of .......................................... Health Attest : .................................................. Clerk, Board of Health.. CITY COUNCIL (Official.) Special Session, December 13th, 1934. Council met at 4;05 P, M. Present-Mayor Kane, Councilmen Andelfinger, Jaeger, Roberts, Schiltz, City Manager Evans. Meeting called by order of Mayor Kane and Coun• Gilman Roberts. Mayor Kane read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of consider ing for final passage and adoption Ordinance~No. 18-34. An ordinance fixing and establishing rates to ba charged far the furnishing of elec- tricity for residential, commercial, power, and other uses and purposes within the City of Dubuque, Iowa. Such other business will be acted upon as may properly come before a regular meeting of the City Council, Petition of E, J. Buchet et al. pro- testing against the closing of the Humane Society's Shelter at the present location and requesting that they be permitted to continue at their present location until such time as they may be able to secure a suitable location presented and read. Councilman Andelfinger moved to suspend the rules for the purpose of allowing zany ode pregent in the Council Chamber, who wishes to do so, to address the Council. Second- ed by Councilman Roberts. Carried by the following vote; Yeas-Mayor Kane, Councilmen Andelfinger, Jaeger, Roberts, Schiltz, Nays-None. Miss Bess G, Bissell addressed the Council relative to the work being done by the Humane Society and stating that they are making an effort to find ~a new and suitable location for their Humane Shelter and requesting that an extension of time be riven on the closing of the Humane Shelter at its present loca• tion. Councilman Andelfinger move d that the petition be received and made a matter of record. Seconded by Councilman Schiltz. Carried by the following vote; Yeas -Mayor Kane, Councilmen Andelfinger, Jaeger, Roberts, Schiltz. Nays-None, December 10, 1934. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen; Since December 1, 1934, many telephone and personal complaints have been filed with the ~, 342 Special Session, December 13th, 1934 Manager regarding the olcsing of the Humane Shelter on Jackson Street, As reported to the Council December 3rd, the Humane Society, since December let, is not receiving any new animals. Objections pare filed chiefly from the local citizens who have taken in and cared far stray dogs and cats aver night and have expected the Humane Society to care Por the same the next day, Several cases since December 1st have been taken care of by the Pol- ice Department, This applies to sick or injured animals, owned by known persons, where the owner has re- quested that his, or her, animal be Put out of misery. However, in a few cases the Police have been un• able to act, When a stray dog is Cared for by a stranger and the stranger then asks the City to care for the animal, we have no provis- ions to house and feed such animals. if a stray dog was disposed of by the Police, it might develop that said anima] was licensed and owned and the City might be entangled in question of the right to destroy such dog. Attached are two written requests, or complaints, and one phoned nota- tion stating reasons for objections to closing the Shelter now.' Other phone calls have included requests that the present Shelter be con• tinued for a month or so, as at pres- ent the animals are housed indoors and do not bark to annoy the neigh- bors and now during cold weather, the point is stressed that it is un- humane to cease caring for many unfortunate animals in the City. Accordingly, it would seem proper that the Humane Society should be requested to continue after Decem• her 1, 1934, at some new location, if possible, or at the present site, if absolutely necessary, until some new location can be secured, but on,con- dition that the least possible annoy- ance to the neighborhood be ful• filled at the present site, Respectfully submitted, R. M. EVANS, City Manager. Councilman Andelfinger move d that the recommendation of City Manager Evans be approved. Sec• onned by Councilman Roberts. Car• ried by the following vote: Yeas -Mayor TCane, Councilmen Andelfinger, Jaeger, Roberts, Schiltz, Nays-None. ORDINANCE N0. t8-34 An Ordinance fixing and establishing rates to be charged for the furnish- ing of electricity for residential, com- mercial, power, and other uses and purposes within the city of Dubuque, Iowa; prescribing a penalty for viola- tion hereof; repealing all ordinances and resolutions in conflict herewith; and declaring an emergency. 'Said Ordinance having been passed upon first and second readings on De- cember 3rd, 1934, presented and read a third time, ORDINANCE N0. 18-34 An Ordinance fixing and eekablishing rates to be charged for the furnlah- ing of electricity for residential, com- mercial, power, and other uses and purposes within the city of Dubuque, Iowa; prescribing a penalty for viola- tion hereo[; repealing all ordinances and resolutions in conflict herewith; and declaring an emergency. Be it Ordained by the Council of the City of Dubuque; Par, 466. Rates Fixed. Section 1, Commencing on October 1, 1934, the rates to be charged for reafdentiai,_ commercial, Dower and other uses and purposes by any person, firm or- cor- poration supplying electrical energy within the City of Dubuque, except as herein otherwise provided, shall be fixed and determined as follows: SCHEDULE 1, Residence Service, These rates shall be available far do- mestic lighting, incidental appliances, refrigeration, and heating and cooking service, Where residence service is measured to an apartment building through one meter, service shall be billed at the residence service rate, the blocks oP the Energy Charge of which shall be multi- plied by the number of apartments served. The Janitor's quarters and building service Combined shall be Classifted as an apartment, lleflnition oP an apartment- (a) An apartment is defined as a portion of a building consisting oP two or more rooms equipped far living pur- poses. (b) In buildings where flue or more rooms, exclusive of apartments, are rented or are for rent, each flue rooms or fraction thereof, (real estate rating), exclusive oP apartments, shall be counted as an apartment. Rate: First 6U KWH per month, 7>~ac per KWH net, Next 60 KWH per month, 6c Der KWH net. Excess KWH per month, 4c per KWH net. Minimum-$1.Utl per month, Prompt Payment: Customers' monthly bills shall be computed at the net rate, and there shall be added to the total net bill ten per cent (10%n) thereof which shall be collected from customers who fall to pay the net bill within ten {10) days from date of bill. ~ SCHEDULE 2. Residence Service-Optional These rates shall be available for do- mestic lighting, incidental appliances, refrigeration, and heating and cooking service, Customers shall have the right to elect to receive service under this rate by filing with the Company an ap- plication therefor agreeing to remain on such rate for the period of one (1) year. Where residence service is measured to an apartment building through one meter, service shall be billed at the residence service rate, the blocks of the Energy Charge of which shnll be multlpl(ed bq the number o4 apartments ~\ u, 1 ..p it ~' ` r ~z~ ~~ , ~~~~ {; 1•~ ~B)erved. The Janitor's quarters and building service combined shall be classified as an apartment. Definition of an apartment- (a) An apartment fa defined as a orrmoreoroomsuelquipped fortliving pur~ Doses, (b) In buildings where flue ar more rooms, exclusive of apartments, are rented or are for rent, each flue rooms or fraction thereof, (real estate rating), exclusive- of apartments, shall be counted as an apartment. Rate: First 40 KWH Per month, $3,20 net. Nezt 40 B:WH per- month, 4c per K4YH net, Next 100 KWH per month, 3c per KWH net. Excess KWH per month, 2',~c per 1{WH not, atMwhi h the Ifirsth40 K1WH yobi» ant Prompt Payment; Customers' monthly bills shall be computed at the net rate, and there ahali be added to the total net bill ten per cent (10%n) thereof which shall be collected from customers who fail to pay a net Dill within ten (1D) days fro date oY bill, SCHEDULE 3. Commercial Service-Optional These 'rates shall be available for comrriercial service except lighting, provided that no motor in excess of one (1) horsepower shall be served on this rate. Customers shall have the right to elect to receive service under this rate by filing with the Company an ap- pltcatien therefor agreeing to remain on such rate far the period of one year. Rate: First 90 KWH per month, $3.2U net, Next 4D KWH per month, 4c per KWH net, Next 100 KWH per month, 3c Der KWH net, Excess KWH per month, 2'~c per KWH net, Minimum Monthly- Bill-The amount at which the first 40 KWH is billed, or. $1.00 per horsepower or fraction there- of, (or horsepower equivalent) of in- stalled equipment, which ever is the higher. Prompt Payment; Customers' monthly bills shall he computed at the net rate, and there shall be added to the kota] net bill ten per sent (10%) thereof which shall •be collected from customers who fail to ~~romtdate of Ui11 within ten (lU) days SCHEDULE4 Residence Water Heating Servloe These rates shall be available for res- idence water heating with water stor- age type heaters of standard make and design, ,approved by the company, equipped with a suitable limo switch supplied by tale company to control the hours during which the lower, or oft- peak, element may be used. The off- peak period, or periods, shall be de- termined by the company and shall not be less than nine hours during any twenty-four hour period. RATE: Energy used during the off-peak peri- od shall be billed at 1,4c per KWH net. Energy used during other periods shall be billed with, and on the same rate as other residence service, PROMPT PAYMENT: Customers' monthly bills shall be computed at the net rate, and there shall be added to the total net bill ten per cent (10%a) thezeoY which shall be collected from customers who Pall to pay the net bill within ten (10) days from data of bill. SCHEDULE 5 ~4 Commercial Water Heatin0 Service °~ These rates shall be available for commercial water hosting with storage type water heaters of standard make and design, approved by the Company, equipped with a suitable time switch, supplied by the company, to control the hours during which the lower, or off. peak, element may be used, The off- peak period, or periods, shall be de- termined by the company and shall not be less than nine hours during any twenty-four hour period. RATE; Energy used during the off-peak peri- od shall be billed at 1.4c per KWH not, Energy used during other periods shall be billed with, and on the same rate as, other commercial service. PROMPT PAYMENT: Customers' monthly bills shall be computed at the net rate, and there shall be added to the total net bill ten per cent (10%) thereof which shall be collected from customers who fail to pay the net bill within ten (10) days from date of bfll. SCHEDULE B•a Commercial Service These rates shall be available for commercial lighting and Incidental ap- pliances In commercial institutions, stares, offices and factories, provided, that no motor in excess of one (1) horsepower shall be served on this rate. RATE: First 150 KWH per month, 6~¢c per KWH net. Next 300 KWH per month, 6',~c per KWH net, Next 550 KWH per month, 4~c per KWH net, Next 1,000 KWH per month, 4c Der KWH net, Excess KWH per month, 3c per.KWH net. Minimum, $1.00 per month. PROMPT PAYMENT: Customers' monthly bills shall be computed at -the net rate, and there shall be added to the total net bill ten por cent (10%) thereof which shall be collected from customers who fail to pay the net bill within ten (10) days from date of bill. SCHEDULE 6-b Commercial Service Commencing with April 1, 1936 the following rates shall be effective' for commercial lighting and incidental ap- pliances in commercial Institutions, stores, offices and factories, provided that no motor in excess of one (1) horsepower shall be served on this rate. RATE: First 100 KWH per month, 6~o per KWH net. Next 200 KWH per month, 5ysa per KWH net, Next 200 KWH per month, 4'/sc per KWH net. Next 500 KWIi per month, 4c por KWH net, Next 1,000 KWH per month, 3',4c.per RWH net. Excess per month, 3e per KWH net. Minimum, $1:00 per month. PROMPT PAYMENT: • Customers' monthly bUla shall be computed at the net rate, and there shall be added to the total net bill ton per cent (10%) thereof which shall be collected from customers who fail to r Special Session, December 13th, 1934 343 ~~ w f ~ 1(,: ~, ". `~ . ``~ { . ~ ,\ ; ,r,~ , '', I ``' , ii' 1~ Gr' , ~'lI #, 1,1 344 Special Session, December 13th, 1934 pay the net bill within ten (10) days from date of bill. SCHEDULE 7 General Power Service These rates shall be available for any customer using the company's stand- ard service for power purposes. "Power" is defined as electric ser- vice used for any purpose other than lighting. RATE: First 600 KWH per month, Oc per KWH net. Next 600 KWH per month, 5c per KWH net. Next 1,000 KWH per month, 4c per KWH net. Excess KWH per month, 3c per KWH net. Mi[timu[n, $1.00 per month per horse- power, or fraction thereof, (or horse- power equivalent) of installed equip- ment, for the first five (5) horsepower connected, and $.50 per month per horsepower, or fraction thereof, (or horsepower equiv- alent) of installed. equipment, for all in excess of five (6) horsepower con- nected. PROMPT PAYMENT: Customers' monthly bills shall be computed at the net rate, and there shall be added to the total net bill ten per cent (10%) thereof which shall be collected from customers who fail to pay the net bill within ten (10) days from date of bill. SCHEDULE 8 Commercial Refrigeration Service These rates shall be available to com- mercial institutions whose connected refrigeration motor load equals or ex- seeds sixty per cent (60%) of their total connected power load. Motors inciden- tal to such refrigeration, or current consuming devices other than light- ing, may be metered on the same rate, provided the connected horsepower or rating of such motors or current con- suming devices is not In excess oP forty per cent (40%) of the total horsepower or rating of the connected load. RATE: Demand Charge: $1.60 per month per kilowatt of demand. Energy Charge-First 6,OOD KWH per month, $.03 per KWH. Energy Charge:-Next 5,000 KWH per month, $.02 per KWH. Energy Charge:-Excess KWH per mouth, $.0175 per KWH. Minimum-$1.00 per month per horse- power, or fraction thereof, (or horse- power equivalent) of installed equip- ment, for the first five (5) horsepower connected, and $.60 per month per horsepower, or fraction thereof, (or horsepower equiv- alent) of installed equipment, Por all in excess of five (6) horsepower connected. BILLING: Bills shall be rendered monthly, and a discount of five per cent (5%) of the total bill shall be allowed if the bill is paid within ten (10) days from date of bill. DETERMINATION OF DEMAND: The demand in any month for ser- vice to loads exceeding 26 horsepower shall be the average number of kilo- watts indicated or recorded to the thirty (30) minute interval in which the con- sumption oY electricity here-under is greater than in any other thirty (30) minute interval in the month, as indi- cated by an integrated demand meter to be provided, installed and maintained at the company's expense. The demand in any month for ser- vice to loads of 25 horsepower, or leas shall be, in lieu of measured demand, at the company's option, calculated as sixty per cent (60%„) of the total con- nected horsepower, or horsepower equi- valent, fractional parts oP the kilowatt demand so determined to be taken as one KW of additional demand. No demand, whether measured or calcu- lated, shall be less than two (2) kilo- watts. SCHEDULE 9 industrial Power Service These rates shall be available for all power service 'used for inatlla- tions of twenty-five (25) horsepower or over. Rate: Demand Charge:-$1.50 per month per KW of integrated demand. Energy Charge:-First 5,000 KWH per month -$.03 per KWH. Neat 6,OOD KWH per month-$.02 per KWH. Excess 'KWH per month $.0176 per KWH. Minimum-50c per month per con- nected horsepower or fraction thereof, or horsepower equivalent or fraction thereof. Prompt Payment Discount: A discount of five per cent (6%) shall be allowed when the bill is paid within ten (10) days from date of bill. Determination of Maximum Demand: The Maximum Demand in any month shall be determined by the greatest number of killowatts registered dur- ing any thirty (30) minute interval during the month as indicated by an integrating demand meter (to be sup- plied, installed and maintained at the Company's expense) provided, how- ever, that when the customer's load includes hoists, elevators, welding ma- chines, furnaces and other like install- ations, where the use of elActricity 1s intermittent or subject to violent fluc- tuations, the time interval over which the demand is measured may be re- duced from thirty (30) minutes to as low as five (5) minutes after first giving at least thirty (30) days no- tice in writing to the customer affect- ed and the City Council, and unless said Council disapproves thereof, with- in said period, such reduction in the time interval period shall become effective, SCHEDULE 10. Large Industrial Power Service. These rates shall be available to all customers whose monthly demand ex- ceeds fifty kilowatts (60 KW). Rate; Demand Charge: $1.30 per month per KW for the first 300 KW of integrated maximum de- mand in the month. $1.00 per month per KW for the ex- cess over 300 KW of integrated maxi- mum demand in the month, Energy Charge: First 1,000 KWH per month, $.026 per KWH, Next 2,000 KWH per month, .02 per KWH. Next 2,0110 KWH per month, .0175 per KWH. Next 6,OOD KWH per month, .015 per KWH. Next 20,000 KWH per month, ,0126 per KWH, Next 30,000 KWH per month, ,O1 per KWH. Special Session, December 13th, 1934 .345 Next 140,000 KWH per month, .UD3 per KWH. Over 200,OOD KWH Per month, ,0,95 per KWH, Discounts: Primary iyfetering Discount: A discount of 6% shall be allowed for do alrwithethencustomer when his en- tire load is metered at one Point. In all cases of primary metering the Com- et ndardavoltagel atepdownatransforme era. Additional transformers not lo- cated at the metering point and spe- cial voltage transformers shall be sup- p11ed and maintained by the customer. Load Factor Discount: A discount of 5%r, shall be allowed when the customer's load factor ex- ceeds SO%. This discount is available to any customer who so conducts his business or industry so that he uses a reasonable steady flow'of electric current through- out the 24 hours of each day of the month, and only when the customer's average monthly KWH consumption a ounts to more than SO% oP the total H that could have been used if the ma imum integrated demand had been constant through the entire month. Off-Peak Discount: A discount of 6% shall be allowed provided the customer's demand during the Company's peals load period, is lim- ited to not more than 26eJ~ of the maxi- mum demand established during the preceding 12 months. The' Company's peak load period may vary as to the hours of the day and months of the year during any 12 month period. 'Phe peak load period for this class of ser- vice includes the hours from 8;00 a. m to 3;00 p. m. an all days except Sunday. In the event the Company's peak load hours are changed by shifting load conditions, the Company shall notify the customer at least thirty (30) days prior to date of change in his peak hours. so that the customer can shift his hours of operation to comply with the new conditions, in order to continue to receive the discount for off-peak operation. Prompt Payment Discount; A discount of 3%, 9f the total net charges shall be ~;1lowed, if such' charges are paid;tvlthin ten (10) days after rendition--of bill. Determinatio$ of Maximum Demand: The Maximum Demand in any month shall be determined by the greatest number of kilowatts registered during. any thirty (30) minute interval during the month as indicated by an integrat- ing demand meter (to be supplied, in- stalled and maintained at the Com- pany's expense) provided, however, that when the customer's load includes hoists, elevators, welding machines, furnaces and other like installations, where the use of electricity is inter- mittent or subject to violent fluctua- tions, the time interval over which the demand is measured may he reduced from thirty (30) minutes to as low as five (6) minutes after first giving at least thirty (30) days notice in writing to the customer affected and the City Council and unless said Council disap- proves thereof, within said period, such reduction in the time interval period shall become effective, Minimum Demand: 'When a customer's load factor and/or power factor are below the average or the cost to eerve the customer is so largo that the customer's bills (based I upon the maximum integrated demand) do not pay a fair return upon the in- vestment to serve that customer, the Company may establish a minimum de- mand for billing purposes that will be higher than the average monthly maxi- mum integrated demand and high enough to insure a fair and reasonable return on the money invested to serve that customet and comparable with the return on the money invested to serve other customers in this class, In all cases where it is found neces- sary 'to set the customer's minimum demand for billing purposes higher than the customer's average monthly in- tegrated maximum demand, the Com- pany shall give thirty (30) days writ- ten notice to the customer affected and to the City Council and unless said Council disapproves thereof. within said period, such increase in the mini- mum demand shall hecome effective. Minimum Charge: The Minimum Charge to any cus- tomer of this class for service rendered during any month shall be the mini- mum demand charge. Coal Clause: All of the above rates under this schedule are net and are based on a maximum cost of $3.33 per ton of acreeniugs delivered f. o. b. Company's plant at Dubuque, Iowa. The Energy Charge under the above rate shall be increased $.D004 per Kilowatt Hour for each increase of $.25 per ton in cost of coal above $3.33 per ton and shall be decreased $.0004 per Kilowatt Hour for each decrease of $.26 per ton below $3,00. There shall be no increases or de- creases due to sudden or temporary changes in the cost of coal. The rate for each month shall be based upon the cost of coal as charged for the second preceding month. All customers and the City Council shall be given notice in writing of any changes in coal cost that would affect the energy charge above, at least thirty (30) days before change in energy charge is made. SCHEDULE 11 Stone Quarry Power Service These rates shall be available to each customer' operating a stone quarry, whose monthly demand exceeds two hundred (2D0) kilowatts and whose de- mand, during the Company's peak load period, is limited to not more than twenty-five per cent (25%) of the cus- tomer's average maximum demand. Rate: Demand Charge:-$1.50 per month per KW of integrated demand in the month. Energy Charge:-First 30,000 KWH per month-$.015 per KWH. Next 70,000 KWH per month-$.012 per KWH. Over 100,000 KWH per month-$.009 per KWH. Coal Clause: All of the above rates under this schedule are net and are based on a maximum cost of $3.33 per ton of screenings delivered F. 0, B. Company's plant at Dubuque, Iowa. The energy charge under the above rate shall be increased $.0004 per kilowatt hour fpr each increase of $.25' per ton in cost of coal above $3.33 per ton and shall be decreased $.0004 per kilowatt hour for each decrease of $.25 per ton be- low $3,00. There shall be no increases or de- creases due to sudden or temporary changes in the cost of coal. The rate far each month shall be based upon 346 Special Session, December 13th, 1934 the cost of coal as charged for the second preceding month. All customers and the City Council shall be given notice in writing of any changes in coal cost that would affect khe energy charge above, at least thirkY (30) days before change !n energy charge le made. Determination of Maximum Demand: The Maximum Demand in any month shall be determined by the greatest number of kilowatts registered during any thirty (30) minute interval during the month as indicatefl by an inte- grating demand meter to be Drovlded, installed and maintained at the Com- pany's expense, prompt Payment: The above rates are net and payable within ten (10) days from date of bill. SCHEDULE 12 Metal Furnace .Power Service These rates shall be available to all customers using electric (metal melting) furnaces, (said electric furn- aces having a total connected load of four hundred (400) K, V. A, or more) and whose electric furnace load rep- resents more than fifty per cent (50%) of the customer's total connected load, and whose electric furnaces are not operated during the Company's peak load period for this class of service. Rate; First 10,000 KWH per month-$.0'L per KWH net. Next 20,000 KWH per month-$.016 per KWH net. Over 30,UV0 KWH per month-$.0136 per KWH Net. Coal Clause: All of the above rates under this schedule are net and are based on a maximum cost of $3.33 per ton of screen- ings delivered F. 0, B. Company's plant at Dubuque, Iowa. The energy charge under 'the above rate shall be increased $.0004 per kilowatt hour for each increase of $.26 per ton in cost of coal above $3.33 per ton and shall be decreased $.0004 per kilowatt pour for each decrease oY $.26 per ton below $3.00. There shall be no increases or de- creases due to sudden cr temporary changes in the cast of coal. The rate for each month shall be based upon the cost of coal as charged for the second preceding month. All customers and the Clty Council shall be given notice in writing oP any changes in coal cost that would affect the energy charge above, at least thirty (30) days before change in energy charge is made. Minimum Charge: Minimum Monthly Charge-$200.9D. prompt Payment: The above rates are net and pay- able within ten (10) days from date of bill: ' Par 407. PENALTY. Section 2. Any person, firm or corporation who shall charge or exact other or different rates ox charges for any type of service, the rates for which service are herein fix- ed and determined, or who shall vio- late any of the provisions hereof, shall be guilty of a misdemeanor apd upon conviction shall be fined not to exceed thirty (30) dayslsin e~ ilnot to exceed Par. 468. REPEALING CLAUSE, Section 3, All ordinances, Darts of ordinances or resolutions in conflict herewith or in any manner relating to the subiect matter hereof be and the same are hereby repealed. Par. 469. PUBLICATION. Section 4, This ordinance being deemed urgent and in the interest oY the public peace and safety shall be in effect from and after its final passage, adoption add approval of the Council of the City of Dubuque and publication, as pro• vided by law. Passed, upon first and second read- ings this 3rd flay oP December, 1934. Passed, adopted and approved upon final reading this 13th day of Decem- ber, 1934, M. R. KANE ~-..~ Mayor M. B, ANDELFINGER W. S. ROBERTS PETER SCHILTZ F, M. JAEGER Councilmen Attest: J. J. SHEA, City Clerk Published offielally In The Telegraph- Herald and Times•JOUrnal newaDaper, December 17th, 1934. J. J, SHEA 12.17-1t City Clerk Attorney Milton J. Glenn address• ed the Council requesting that ac- tion upon final adoption Of the or• dinance be deferred until Attorney Frank D, Gilloon returns to the City as ho has some suggestions to Offer to the Council relative to the ordin• ante. Mr. George E. Taylor, Vice President of the Interstate Power Company, addressed the Council re' questing that the ordinance be ad- opted at this time. Councilman Andelfinger moved the adoption of the ordinance. Seconded by Councilman Jaeger. Carried by the following vote; Yeas -Mayor Kane, Councilmen Andelfinger, Jaeger, Roberts, Schiltz. Nays-None, Council Proceedings for the month of October,, 1934, presented for approval. Councilman Schiltz moved that the Council Proceedings for the month of October, 1934, be approved as printed. Seconded by Councilman Andelfinger, Carried by the follow• ing vote: Yeas -Mayor Kane, Councilmen Andelfinger, Jaeger, Roberts, Schiltz, Nays-None, Amendment to Claim of Mrs. Belle Lawrence, Claimant, vs. City of Du- buque, Iowa, presented and read. Councilman Schiltz moved to refer the Amendment to Claim to the City Solicitor. Seconded by Councilman Roberts. Carried by the following vote: Yeas -Mayor Kane, Councilman Andelfinger, Jaeger, Roberts, Schiltz. Nays-None, Communication of American Sur• ety Company authorizing Power of Attorney to Lea B, Schlueter and Frank J. Schlueter of Dubuque, Du- buque County, Iowa, each, presented and read. Councilman Schiltz moved that the Special Session, December 13th, 1934 347 communication and Power of Attor- ney be made a matter of record. Seconded by Councilman Jaeger, Carried by the following vote: Yeas -Mayor Kane, Councilmen Andelfinger, Jaeger, Roberts, Schiltz. Nays-None. Communication of International Harvester Company of America, by R. C. Foster, Manager, thanking the City Council for the business an the Trac-Tractor, presented and read, Councilman Andelfinger move d to receive and file the communica- tion. Seconded by Councilman Rob- erts. Carried by the following vote: Yeas -Mayor Kane, Councilmen Andelfinger, Jaeger, Roberts, Schiltz. Nays-None. Communication of Retail Mer- chants' Bureau advising the City Council that the Bureau has taken out a policy covering liability in con- nection with their street decorations presented and read. Councilman Schiltz moved that the communication be made a mat• ter of record.-Seconded by Council• man Jaeger. Carried by the follow- ing vote: Yeas -Mayor Kane, Councilmen Andelfinger, Jaeger, Roberts, Schiltz. NaysrNone. Petition of Mary A. Deckert re- questing permission to pay the spe- cial assessments levied against Lot 3, McClain's Subdivision, by the pay- ing of the principal plus a reason- able rate of interest presented and read. Councilman Jaeger moved that the prayer of the petition be granted and that Mrs, Mary A. Deckert be grant- ed permission to pay the principal of the special assessments levied against Lot 3, McClain's Subdivision, plus fi% interest and advertising costs and the County Treasurer to be instructed accordingly. Seconded by Councilman Andelfinger. Carried by the following vote: Yeas -Mayor Kane, Councilmen Andelfinger, Jaeger, Roberta, Schiltz. Nays-None. Petition of H, Muellich, referred to the City Council by the Board of Supervisors, requesting suspension of the 1933 taxes on West 130 feet of Lot 48, 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 following vote: Yeas -Mayor Kane, Councilmen Andelfinger, Jaegor, Roberts, Schiltz. Nays-None. Petition of Emil Machinek, re- ferred to bhe City Council by the Board oP Supervisors, requesting the suspension of the 1933 taxes on Lot 17, Linehan Park Addi• tion, and West 170 feet of Lot 231, Davis Farm Addition, and on Lot 51 of MacDaniel's Park Addition, pre- sented and read. Councilman Schiltz moved t0 re- fer the petition to the City Solicitor for investigation and report. Sec- onded by Councilman Roberta. Car• ried by the following vote; Yeas -Mayor Kane, Councilmen Andelfinger, Jaeger, Roberts, Schiltz. Nays-None. Petition of Edward C. Ruas.ell, re• Perred to the City Council by the Board of Supervisors, requesting the cancellation of the 1931, 1932 and 1933 taxes on Lot 25 of G, W. Rod- ger"s Sub., 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 Andelfinger, Jaeger, Roberts, Schiltz. Nays-None. Petition of Blanche LaShorne, re- ferred to the City Council by the Board of Supervisors, requesting the suspension of the 1933 taxes on Lot 11, Finley, Waples & Burton's Addi- tion, 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 vole: Yeas -Mayor Kane, Councilmen Andelfinger, Jaeger, Roberts, Schiltz. Nays-None. Petition of Anna L. Allen, referred to the City Council by the Board of Supervisors, requesting the suspen- sion of the 1933 taxes on North 20,3 feet of City Lot 037, 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 Andelfinger, Jaeger, Roberts, Schiltz. Nays-None, Petition of Ede Robe Tanning C'o.,, referred to the City Council by the Board of Supervisors, requesting suspension of the second half of the 1931 and all of • the 1933 taxes on City Lot 540, presented and read. Councilman Schiltz moved to refer the petition to the City Solicitor for investigation and report, Seconded by Councilman Roberta. Carried by the following vote: Yeas -Mayor Kane, Qopncilmen Andelfinger, Jaeger, Roberts, Schiltz.. Nays-Nona. Petition of Eng. Hemmi Estate, referred to the City Council by the Board of Supervisors, requesting 348 Special Session, December 13th, 1934 suspension of the 1928, 1929, 1930, 1931, 1932 and 1933 taxes on North 11 inches of North 26 feet of City Lot 239 and South 22 feet of City Lot 240 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 Andelfinger, Jaeger, Roberts, Schiltz. Nays-None, Petition of Sarah and Henry Koeh- ler, referred to the City Council by the Bcard of Supervisors, requesting either cancellation or suspension of the 1933 taxes on North 23 feet 6 inches of South 75 feet 6 inches of Lots 1.2-3, Kiene & Blocklinger's Sub„ 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 Andelfinger, Jaeger, Roberts, Schiltz, Nays-None. December 8, 1934, To the Honorable Mayor and City Council, Dubuque, Iowa. - ~ Gentlemen: I am submitting here- ~ . with reports of the City Auditor, - City Treasurer and City Water De- partment for the month of Novem- ber, 1934, also list of claims and list - of'payrolls for which warrants were drawn during the month of Novem- ber, 1934, Yours very truly, R. M. EVANS, City Manager, Councilman Andelfinger move d that the reports be received and placed on file. Seconded by Council- man Schiltz.. Carried by the follow- ing vote: Yeas -Mayor Kane, Councilmen Andelfinger, Jaeger, Roberts, Schiltz. Nays-None. December 11, 1934. To the Honorable Mayor and City Council, Dubuque, Towa. Gentlemen: This is to advise that a very serious accident occurred on East 15th Street railroad crossing of the Great Western Railroad early • Sunday morning, December 9, 1934. The accident was due to an auto• mobile being driven onto the croas- ing and being struck by an ap- proaching freight train. Injuries oc- curred, but no deaths resulted. There are crossing gates at this location, but the same are not oper- ated, by man power, after 7:00 P.M, until 7:00 A, M. daily. Several other street railroad crossings are also not operated during the 12-hour night period. Numerous other near acci- dents are known to have been avoid- ed recently by quick action of dri- vers of cars. The equipment at pres- ent used on many of the hand oper- ated gates, even where 24•hour ser- vice is provided, is becoming ineft"io- ient due to corrosion of air lines, etc. The City Council has been con- sidering, recently, to try to require provisions for improved safety at all railroad crossings. Accordingly, it is my recommen- dation that at once a definite plan should be established that will re• quire adequate crossing protection for the entire period of day and night. Respectfully submitted, R, M, EVANS, City Manager. Councilman Andelfinger move d that the recommendation of City Manager Evans be approved. Sec- onded by Councilman Schiltz. Car- ried by the following vote: Yeas -Mayor Kane, Councilmen Andelfinger, Jaeger, Roberts, Schiltz. Nays-None. Resolution No, 134-34, Resolution transferring and appropriating from the Consolidated Fund the sum of $250.00 for Iowa Project No. 31-B2- 34 far quarries on Cox Street, Dodge Street, and Millvi]]e Road presented and read. Councilmau Andelfinger move d the adoption of the resolution. Sec- onded by Councilman Schiltz, Car- ried by the following vote: Yeas -Mayor Kane, Councilmen Andelfinger, Jaeger, Roberts, Schiltz. Nays-None. Resolution No. 136-34, Resolu- tion transferring and appropriating from the Consolidated Fund the sum of $6;016.00 for Iowa Project No. 31- B15.3 Supp. for Dubuque Municipal Airport presented and read. Councilman Andelfinger move d the adoption of the resolution, Sec- onded by Councilman Schiltz, Car• ried by the following vote: Yeas -Mayor Kane, Councilmen Andelfinger, Jaeger, Roberts, Schiltz, Nays-None, Resolution No, 136-34. Resolution transferring and appropriating from the Consolidated Fund the sum of $275.00 for Iowa Project No. 31-B2- 10 Supp, for repairs and mainten- ance on Grandview Avenue, Henion Street, East 29th Street, East 16th Street, Riker Street, York Street, Algona Street and Avoca Street pre• sented and read. Councilman Andelfinger move d the adoption of the resolution, Sec• onded by Councilman Schiltz. Car- ried by the following vote: Yeas -Mayor Kane, Councilmen Andelfinger Jaeger, Roberts, Schiltz, Nays-None. Session, December 13th, 1934 Resolution No. 137-34. Resolution transferring and appropriating from the Consolidated Fund the sum of $2,134.00 for Iowa Project No, 31-B8- 14 Supp. for repairs and mainten- ance of sewers, drainage and sanita- tion on streets, Bee Branch Sewer, Pearl Street, Curtis Street, Riker Street presented and read. Councilman Andelfinger move d the adoption of the resolution. Sec- onded by Councilman Schiltz. Car- ried by the following vote: Yeas -Mayor ,Kane, Councilmen Andelfinger, Jaeger, Roberts, Schiltz. Nays-None. Resolution No. 138-34. A Resolution approving applica- tion for the sale of beer and auth- orizing the issuance of permit. Whereas, the City Council of the City of Dubuque has examined the application which has been filed for permit for the sale of beer within the City of Dubuque and has ap- proved such application as applies to the persons herein named at the location described herein: Now, Therefore, Be It Resolved by said Council that permit for the sale of beer within the City of Dubuque be and the same is hereby authorized and r` ordered issued, as follows: CLASS "B" PERMIT Fred H. Cooper 'and Charles Poch- ter (New)-342 Weat 8th Street, Be It Further Resolved that the bond filed with this application be approved. Passed, adopted and approved this 13th day of December, 1934. M. R, KANE, Mayor. M. B. ANDELFINGER, W. S. ROBERTS, PETER SCHILTZ, F, M, JAEGER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Andelfinger move d the adoption of the resolution. Sec- onded by Councilman Roberts. Car- ried by the following vote: Yeas -Mayor Kane, Councilmen Andelfinger, Jaeger, Roberts, Schiltz. Nays-None. The following decisions of the City Council relative to various tax petitions requesting cancellation and suspension of taxes presented for Council approval: Ede Robe Tan- ning Company requesting suspension of the second half of the 1931 and all of the 1933 taxes ~on City Lot 540, request granted; Emil Machinek re• questing suspension of the 1933 tax- es on Lot 17, Linehan Parlt Addi- tion, and West 170 feet of Lot 231, Davis Farm Addition, and Lot 51, MacDaniel's Parlt Addition, request 349 denied; Eng. Hemmi Estate request• ing suspension of the. 1928, 1929, 1930, 1931, 1932 and 1933 taxes on North 11 inches of North 26 feet of City Lot 239 and South 22 feet of City Lot 240, request denied; Anna L. Allen requesting suspension of the 1933 taxes on North 20.3 feet of City Lat 637, request denied; Blanche LaShorne requesting sus- pension of the 1933 taxes on Lot 11, Finley, Waples & Burtons' Addition, request denied; Edward C. Russell requesting cancellation of the 1931, 1932 and 1933 taxes on Lot 25, G. W. Rodger's Sub., request de• nied; Rosins Durand requesting sus- pension of the 1934 taxes on South r/Z of Lot 138, East Dubuque Addi- tion, request denied; Petition of Rev: L. Salzman relative to the City and County securing the tax sale certificates held by the Edward Muntz Estate against the South r/z of Lot 138, East Dubuque Addition, Rosins Durand owner, bey referred to the City Manager; Bridget O'Shea requesting cancellation of the 1933 taxes on North 25 feet of City Lot 568, suspension granted; Eugene A. Ryle requesting suspension of th'e 1933 taxes on Lots 36, 37 and 36, Levens Addition, request granted; Margaret Clarke requesting suspen- sion of the second half of the 1933 taxes on Lot 2, Sub. 46, W'JI7. Blalte's Addition, request granted; C. J. Schmidt requesting suspension of 1933 tax on South ~ of Lot 4, F, Fosselman's Sub., request granted; Elizabeth Schrup requesting suspen- sion of the second half of the 1933 taxes on North 49 feet of Lot 1, Lois Addition, request denied; Mrs. Anna Hugh requesting suspension of the 1933 tax on North 30, feet of West 85 feet of Lot 1, Sub. 277, Davis Farm Addition, West 85 feet of East 95 feet of Lot 2, Sub. 277, Davis Farm Addition, West 85 feet of Lot Sub. 277 Davis Farm Addi- tion, request granted; The Finley Hospital and Mt, Pleasant Home re• questing exemption of taxes on Lot 1, Langworthy Place, and Lot 10, Massey Heights Addition, request granted;. Herman D. Grashorn re- questing cancellation and suspen- sion of taxes on East ~a of Lot 24 of A. Stines Addition and Lot 39 of A. Stines Addition for the last half of 1931, 1932 and 1933, granted sus- pension; Nick Kersch requesting suspension of the 1931, 1932 and 1933 taxes on Lot 25, Stines Addition, request granted; Mrs, Mary Klink- homer requesting cancellation of the 1933 taxes on Lot 32 of Min, Lot 39, request denied; John Ramsey re- questing cancellation of the 1931, 1932 and 1933 taxes on Lot 2 of 4 and Lot 2 of 5 of C, A. Voelker's 350 Sgecia~,Session, D Addition, granted suspension; Cath- ,,erlne and Julia Mullin requesting Suspension of 1833 tai~~s On South 20 feet of North 90 feet of Lot 808 of A'. MaPaniel's Sub„ request granted; H. Muellich requesting sus- pension of the 1933 taxes on West 130 feet Of hot 4&, pox's Addition, request granted; Sarah and Henry Koehler requesting cancellation or suspension of the 1833 taxes on North 23 feet 6 inches oP South 76 feet 6 inohes of Lats 1.2.3, Kiene & Blocklinger's Sub., granted suspen- sion, Councilman AndelBnger anoved;tlat the decisions. of the City Council on the abave mentioned tax Petitions be approved and the ]3oard of SuPer• visors to be notified of the action of the. City Council, Seconded by Coun- cilman Schiltz. Carried by the fol- lowing vote: Yeas -Mayor, Kane, Councilmen AndelBnger, Jaeger, Roberts, Schiltz. Nays-None. Verbal report of City Solicitor Czizek recommending the settlement of tie Claim of Mrs, Sidney Brown in the amount of $275.00 for per- sonal injuries.received in fa]ling due to. defective wooden apron on East 17th Street and Fine Street pre.- aegte.d. Counoilman AndelBnger move d that the recommendation of City So• licitor Czizek be approved and a warrant in the amount of $275,00 or- dered drawn pn the City Treasurer in favor of Attorney Walter Koerner as settlement in full of the. Claim, of Mrs. Sidney Brown. Seconded by Counoilman Schiltz. Carried by the following vote: Xeas -Mayor Kane, Councilmen AndelBnger, Jaeger, Roberts, Schiltz. Nays-None, there being no further business, Councilman Andelfinger mowed to adjourn. Seconded by Councilman Schiltz, Carried by the following vote: Yeas. -Mayor Kane, Councilmen AndelBnger, Jaeger, 1;oberts, Schiltz. Nays-None, J. J. SHEA, City Clerk, ecember 13th, 1~3~ APProveld ....................................1935. Adopted ........................................19$5. Councilmen : ........................................ Attest : .................................................. City Clerk. i F ,~a.