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1933 April Council ProceeedingsCITY COUNCIL (Official) Regular Session, April 3rd, 1933. Council met at 7:35 P. M. Present —Mayor Andelfinger, Coun- cilmen Kane, McEvoy, Schuckert, Thompson, City Manager Evans. Mayor Andelfinger stated that this meeting is the regular monthly meet- ing of the Council and also the first meeting of the fiscal year for the transaction of such business as may properly come before the meeting. Mayor Andelfinger moved that Councilman Kane be appointed as Mayor for the ensuing year. Sec- onded by Councilman McEvoy. Car- ried by the following vote: Yeas —Mayor Andelfinger, Council- men McEvoy, Schuckert, Thompson. Nays —None. Councilman Kane not voting. Mayor Kane then took the Mayor's. chair. Councilman Andelfinger moved to suspend the rules for the purpose of allowing anyone present in the Council Chamber, who wishes to do so to address the Council. Second- ed by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson. Nays —None. Attorney Ed. Tschudi addressed the Council requesting the appoint- ment of John L. Duffy to the office of Police Judge. Councilman Andelfinger placed in nomination for the office of Police Judge the name of John L. Duffy. Resolution No. 7 -33 BE IT RESOLVED by the City Council of the City of Dubuque that the following officers be appointed to serve during the fiscal year, 1933, at the pleasure of the City Council and to be paid the following salaries provided in the Budget as adopted March 29, 1933, and the following bonds shall be provided at the ex- pense of the individual officer:— Salary Bond City Manager — Roger M. Evans $6,000 $10,000 City Solicitor — M. H. Czizek 3,600 1,000 City Clerk — J. J. Shea 2,150 1,000 Police Judge — Milton Glenn ....._._ 1,200 1,000 City Assessor — George Bennett 1,000 500 Regular Session, April 3rd, 1933 63 Passed, adopted and approved this 3rd day of April, 1933. M. R. KANE, Mayor. ED. McEVOY, ARDENAL THOMPSON, H. F. SCHUCKERT, M. B. ANDELFINGER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Schuckert moved the adoption of the resolution. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Kane, Councilmen McEvoy, Schuckert, Thompson. Councilman Andelfinger voting Yea on that portion of the resolution ap- pointing Roger M. Evans, City Man- ager; M. H. Czizek, City Solicitor; J. J. Shea, City Clerk; George Ben- nett, City Assessor; and voting Nay on that portion of the resolution ap- pointing Milton Glenn, Police Judge, casting his vote for John L. Duffy for Police Judge. Mayor Kane then administered the oath of office to City Manager R. M. Evans, City Clerk J. J. Shea, Police Judge Milton Glenn and City Assess- or George Bennett. April 3, 1933. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: As City Manager of the City of Dubuque, I beg to report that I have appointed the following persons to assist me as officers in the orderly administration of the City Government of this City and of the various departments thereof, said officers to be under my super- vision, direction and control and their appointments to continue dur- ing my pleasure, and they shall be paid such yearly salaries as set op- posite their names and in accord- ance with the budget approved by the City Council March 29, 1933: — Superintendent of Water — John W. McEvoy $3,000.00 City Engineer — Walter Cullen 2,700.00 Chief of Police — John W. Giellis 2,700.00 Chief of Fire — William L. Ryan 2,475.00 City Auditor — Fred Gantert 2,200.00 City Treasurer — Otto F. Puls 2,150.00 Building Commissioner — C. F. Bartels (1/2 Time) 1,200.00 Electrical Inspector — Otto Bethke ( Time) 1,100.00 Plumbing Inspector — George Masters ( Time) 1,080.00 City Electrician — Joseph Correll 1,800.00 64 Regular Supt. of Streets — Thomas Byrne 2,200.00 Head Garage Mechanic Clarence Briggs 1,800.00 Supt. of Sewers — Connie Sullivan 1,500.00 Health Officer — Dr. W. J. Connell 1,700.00 Weight Master — Chas. McCarthy 1,250.00 Sanitary Inspector — Joseph Scharry.._...._.........._ 1,300.00 Restaurant Inspector — Mrs. F. Timmons 840.00 Recreational Director — Sylvester McCauley 2,250.00 Police Matron — Miss Mary Burke 1,080.00 Police Matron — Mrs. F. Lemper 972.00 With reference to the Superin- tendent of Playgrounds with title in the Budget of "Recreational Direct- or," I beg to advise that the Play- ground Commission fixes his salary and has confirmed his reappoint- ment. I hereby approve this ap- pointment and submit his name as an appointee of this department. He will have charge of the playgrounds, all recreational facilities and other duties of the City under my direc- tion and control. All other employees of departments at present engaged therein, in ac- cordance with the approved 1933 -34 Budget, have been employed by me and will continue to work for the City under the conditions of time and the rates of salary and wage provided for in the 1933 -34 Budget. The approval of the City Council is requested on the above outlined ap- pointments, salaries and conditions of the employees to serve at the pleasure of the undersigned. Respectfully submitted, R. M. EVANS, City Manager. Resolution No. 8 -33 BE IT RESOLVED by the City Council of the City of Dubuque that the appointment of officers and em- ployees made by the City Manager and submitted to the City Council be and the same are hereby ap- proved, said officers and employees to serve at the pleasure of the Man- ager and to be paid the salaries pro- vided for in the Budget adopted by the Council March 29, 1933. Passed, adopted and approved this 3rd day of April, 1933. M. R. KANE, Mayor. ARDENAL THOMPSON, ED. McEVOY, H. F. SCHUCKERT, M. B. ANDELFINGER, Councilmen. Attest:. J. J. SHEA, City Clerk. Session, April 3rd, 1933 Councilman Schuckert moved the adoption of the resolution. Second- ' ed by Councilman Thompson. Car- ried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson. Nays —None. Resolution No. 9 -33 BE IT RESOLVED by the City Council of the City of Dubuque that the newspaper published in said City and known as the Telegraph - Herald and Times - Journal be and the same is hereby designated and appointed the official newspaper of the City of Dubuque. Passed, adopted and approved this 3rd day of April, 1933. M. R. KANE, Mayor. ED. McEVOY, ARDENAL THOMPSON, H. F. SCHUCKERT, M. B. ANDELFINGER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman McEvoy moved the adoption of the resolution. Second- ed by Councilman Schuckert. Car- ried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson. Nays —None. Resolution No. 10 -33 BE IT RESOLVED by the City Council of the City of Dubuque that the following banks be appointed de- positories of the City funds and the City Treasurer is hereby authorized to distribute such funds in such banks in amounts not to exceed the following: First National Bank. $175,000 American Trust & Savings Bank $150,000 BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to file with the County Treasurer of Dubuque Coun- ty, Iowa, a list of such depositories and to keep such list on file with such County Treasurer at all times. Passed adopted and approved this 3rd day of April, 1933. M. R. KANE, Mayor. ARDENAL THOMPSON, ED. McEVOY, H. F. SCHUCKERT, M. B. ANDELFINGER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Schuckert moved the adoption of the resolution. Second- ed by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson. Nays —None. Proof of publication, certified to by the publishers, of the notice of the intention of the City Council to authorize the issuance of Sewer Bonds to the amount of $5,950.70 to pay for the construction of the sani- tary sewer and appurtenances in what is known as the Grandview Heights Addition Sewer District as delimited by Ordinance No. 16 -32, presented and read. Councilman McEvoy moved to re- ceive and file the proof of publica- tion. Seconded by Councilman Thompson. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson. Nays —None. Proof of publication, certified to by the publishers, of the notice of levy of special assessment to pay for the construction of the sanitary sewer and appurtenances in what is known as the Grandview Heights Addition Sewer District as delimited by Ordinance No. 16 -32, presented and read. Councilman Schuckert moved to receive and file the proof of publi- cation. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson. Nays —None. Statement of Clem Burd, sub- scribed and sworn to, that he posted along the line of improvement the notice of the levy of special assess- ment and intention of the City Coun- cil to issue bonds to pay for the construction of the sanitary sewer and appurtenances in what is known as the Grandview Heights Addition Sewer District as delimited by Or- dinance No. 16 -32., presented and read. Councilman Schuckert moved that the statement be received and filed. Seconded by Councilman Thompson. Carried by the following vote: Yeas - -Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson. Nays —None. Petition of Edward Muntz object- ing to the proposed issuance of bonds and the levying of the special assessments against Lots 39, 40, 41 and 46 Grandview Heights Addition to pay for the construction of the sanitary sewer and appurtenances in what is known as the Grandview Heights Addition Sewer District as Regular Session, April 3rd, 1933 65 delimited by Ordinance No. 16 -32, presented and read. Councilman McEvoy moved to re- fer the petition to the City Council. Seconded by Councilman Thompson. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson. Nays —None. Petition of Walter W. and Rebec- ca L. Paisley objecting to the pro- posed special assessments to be lev- ied against Lot 2 of 22 and Lot 2 of 23 Grandview Heights Addition to pay for the construction of the sanitary sewer in Grandview Heights Addition Sewer District as delimited by Ordinance No. 16 -32, presented and read. Councilman McEvoy moved to re- fer the petition to the City Council. Seconded by Councilman Thompson. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson. Nays —None. Resolution No. 11 -33 Resolved by the City Council of the City of Dubuque: That to pay for the construction of a sanitary sewer and appurtenances in what is known as the Grandview Heights Addition Sewer District as delimited by Ordinance No. 16 -32, in front and adjoining the same, a special tax be and is hereby levied on the several lots, and parts of lots, and parcels of real estate hereinafter named, situate and owned, and, for the several amounts set opposite each lot or parcels of real estate, as follows. Special assessment sub- mitted , 19 Owner Location Amount Russell H. Andelfinger, Lot 3 Grandview Heights Add $144.65 John G. Kuehnle, Lot 4 Grand- view Heights Add. 14465 John G. Kuehnle, Lot 5 Grand- view Heights Add. ... ,...... 144.64 John G. Kuehnle, Lot 6 Grand- view Heights Add. 144.64 Alice R. Sharon, Lot 7, Grand- view Heights Add. 144.64 Harold E. Molo, Lot 15 Grand- view Heights Add., W. 36 ft. 151.59 Harold E. Molo, Lot 16 Grand- view Heights Add., E. 42 ft. 151.59 C. L. Sheffield, Lot 17 Grand- view Heights Add 151.58 C. L. Sheffield, Lot 18 Grand= view Heights Add 151.58 C. L. Sheffield, Lot 19 Grand- view Heights Add 151.58 C. L. Sheffield, Loft 20 Grand- view Heights Add 151.59 66 Regular Session, April 3rd, 1933 Regular Session, April 3rd, 1933 67 Walter W. and R. Paisley, Lot 2 Sub. Lot 22 Grandview Heights Add. 159.92 Walter W. and R. Paisley, Lot 2 Sub. Lot 23 Grandview Heights Add. . 159.92 Emma Scholz, Lot 24 Grand- view Heights Add. 159.92 Emma Cath. Wilmot, Lot 26 Grandview Heights Add 159.93 Ethel Meshinger, Lot 27 Grandview Heights Add., E 159.93 Ethel Meshinger, Lot 28 Grandview Heights Add., W 1/ 159.93 Geo. P. Smith, Lot 29, Grand- view Heights Add......_........._ 159.93 Waldo Adams, Lot 30 Grand- view Heights Add .. 159.93 C. and J. Schrampfer, Lot 31 Grandview Heights Add 159.93 Lucy H. Connell, Lot 32 Grandview Heights Add . 159.93 Ed. Kuehnle, Lot 33 Grand- view Heights Add., E. 46 ft. 159.93 Ed. Kuehnle, Lot 35 Grand- view Heights Add 159.93 J. J. Cheetham, Lot 1 Sub Lots 36 and 37 Grandview Heights Add. 159.93 Stella Schneider, Lot 2 Sub Lot 36 and 37 Grandview Heights Add. 159.93 Ed. Muntz, Lot 39, Grandview Heights Add. 159.93 Ed. Muntz, Lot 40 Grandview Heights Add. 159.93 Ed. Muntz, Lot 41 Grandview Heights Add. 159.93 Ed. C. Kuehnle, Lot 42 Grand - view Heights Add 159.92 Ed. C. Kuehnle, Lot 43 Grand- view Heights Add 159.92 R. F. Conlon, Lot 44 Grand- view Heights Add 159.92 Voelker Realty Co., Lot 45 Grandview Heights Add 159.92 Ed. Muntz, Lot 46 Grandview Heights Add. 159.92 C. L. Sheffield, Lot 47 Grand- view Heights Add..._...._...._ 159.92 C. L. Sheffield, Lot 48 Grand- view Heights Add 159.92 R. F. Conlon, Lot 49 Grand- view Heights Add 159.92 R. F. Conlon, Lot 50 Grand- view Heights Add 159.92 City of Dubuque, Lot 2 Sub Lots 60 and 61 Grandview Heights Add. 159.92 City of Dubuque, Lot 2 Sub Lots 60 and 61 Grandview Heights Add. 159.92 Total $5,950.70 1669 lin. ft. 8 in. tile pipe at 79c per lin. ft. $1,318.51 10 brick manholes complete at $60.00 each 600.00 16 cu. yds. concrete for wet well at $15.00 per cu. yd 240.00 Service connection to pot - head 80.00 360 ft. 6 in. cast iron pipe at $1.14 per lin. ft. 410.40 1 6 in. Josam valve 30.00 1 Fairbanks -Morse Pumping Station complete 2,875.00 Extra expense at 6.294305 per cent 349.58 Interest at 6 per cent 47.21 Total $5,950.70 All of which is assessed in pro- portion to the special benefits con- ferred. Passed, adopted and approved this 3rd day of April, 1933. M. R. KANE, Mayor. ED. McEVOY, ARDENAL THOMPSON, H. F. SCHUCKERT, M. B. ANDELFINGER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the resolution. Second- ed by Councilman McEvoy. Carried by the following vote: Yeas -Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson: Nays -None. (Resolution providing for the is- suance of public sewer bonds.) City of Dubuque, Iowa Resolution No. 12 -33 WHEREAS, the contract hereto- fore entered into by the City of Du- buque for the construction of an 8 inch sanitary sewer and appurten- ances in what is known as the Grandview Heights Sewer District, hereinafter described, has been com- pleted and said improvement has been accepted by the City Council of said City and the City Engineer has computed the cost and expense thereof to be $5,950.70. AND WHEREAS, public notice as provided by law, has been published by the City Clerk stating the inten- tion of the City Council to issue bonds to pay the cost of said im- provement and a public hearing has been held pursuant thereto, and all objections filed thereto have been considered and determined: NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque that to provide for the cost of the construction of a sanitary sewer and appurtenances in what is known as the Grandview Heights Addition Sewer District as delimited by Ordinance No. 16 -32, there be issued sewer bonds to the amount of $5,950.70. Said bonds shall be issued under the provisions of Chapter 311 of the Code of Iowa, 1927, which bear date as of- the 3rd day of May, 1933: shall be in denominations of $500.00 ex- cept that there shall be one bond to the amount of $450.70. They shall be numbered from 3317 to 3328 in- clusive and shall be divided into ten series of which the bonds numbered 3317 and 3318 shall constitute the first series and shall be payable the first day of April, A. D. 1934; the bonds numbered 3319 and 3320 shall constitute the second series and shall be payable the first day of April, A. D. 1935; the bond numbered 3321 shall constitute the third series and shall be payable the first day of April, A. D. 1936; the bond num- bered 3322 shall constitute the fourth series and shall be payable the first day of April, A. D. 1937; the bond numbered 3323 shall constitute the fifth series and shall be payable the first day of April, A. D. 1938; the bond numbered 3324 shall consti- tute the sixth series and shall be payable the first day of April, A. D. 1939; the bond numbered 3325 shall constitute the seventh series and shall be payable the first day of April, A. D. 1940; the bond num- bered 3326 shall constitute the eighth series and shall be payable the first day of April, A. D. 1941; the bond numbered 3327 shall constitute the ninth series and shall be payable the first day of April, A. D. 1942; the bond numbered 3328 shall con- stitute the tenth series and shall be payable the first day of April, A. D. 1943. Said bonds shall bear interest at the rate of five per cent per annum which interest shall be payable semi- annually, in accordance with the terms of the coupons thereto at- tached; and said bonds shall be pay- able out of the proceeds of the spe- cial assessment levied for said im- provement. Both principal and interest shall be payable at the office of the City Treasurer in the City of Dubuque. Said bonds shall be substantially in the following form: No Series No CITY OF DUBUQUE . SEWER BOND The City of Dubuque in the State of Iowa promises to pay as here- inafter mentioned to the bearer here- of, on the first day of April, A. D. 193.........; or any time before that date at the option of the City, the sum of Five Hundred Dollars ($500.00), with interest thereon at the rate of five per cent per annum, payable on the presentation and surrender of the interest coupons hereto at- tached, both interest and principal are payable at the office of the City Treasurer in the City of Dubuque in the State of Iowa. This bond is issued by the City of Dubuque pur- suant to and by virtue of Chapter 311 of the Code of Iowa, 1927, and in accordance with a resolution of the City Council of said City, duly passed on the 3rd day of A)iril, 1933. This bond is one of a series of 12 bonds, 11 for $500.00 numbered from 3317 to 3327 inclusive, and one for $450.70 numbered 3328, all of like tenor and date, and issued for the purpose of the construction of a sanitary sewer and appurtenances in what is known as the Grandview Heights Addition Sewer District as delimited by Ordinance No. 16 -32 and described in said resolution; which cost is assessable - to and lev- ied along said improvement, and is made by law a lien on all abutting or adjacent property, and payable in ten annual installments, with in- terest on all deferred payments at the rate of five per cent per annum, and this bond is payable only out of the money derived from the col- lection of said special tax, and said money can be used for no other pur- pose. And it is hereby certified and recited that all the acts and condi- tions and things required to be done precedent to and in the issuing of this series of bonds, have been done, happened and performed in reguar and due form as required by said law and resolution; and for the as- sessments, collections and payment hereon of said special tax, the faith and diligence of said City . of Du- buque are hereby irrevocably pledged. In witness whereof, the City of Dubuque by its City Council has caused this bond to be signed by its Mayor and countersigned by its City Clerk, with the seal of said City affixed this 3rd day of April, 1933, and has authorized the use of their •fac- simile signature to the in- terest coupons hereto 'attached. Mayor. Countersigned (Seal) City Clerk. (FORM OF COUPON) On the day of A. D. 193........, the City of Dubuque, Iowa, promises to pay to the bearer, as provided in the bond, the sum of Dollars, at the office of the City Treasurer in the City of Dubuque, being months interest due that day on its mai i 68 Regular Session, April 3rd, 1933 Sewer Bond No... ........_ _...._....., dated 193 Countersigned Mayor. City Clerk. BE IT FURTHER RESOLVED, that the Mayor and City Clerk be and they are hereby instructed to cause said bonds to be prepared and when so prepared to execute said bonds, and that the City Clerk be and he is hereby instructed to reg- ister said bonds In a book to be kept by him for that purpose, and to then deliver them to the City Treasurer who will also register them in a book to be kept by him for that purpose. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby instructed to sell said bonds in the manner provided by law, the proceeds of said sale to be kept in a special fund to be known as Sewer Fund. BE IT FURTHER RESOLVED, that the interest coupons attached to the bonds be signed with the fac- simile signature of the Mayor and countersigned with the fac- simile signature of the 'City Clerk. BE IT FURTHER RESOLVED, that as fast as funds allow, begin- ning with the second year after the payment of interest due, these bonds shall be called and retired in the same order as numbered. Adopted this 3rd day of April, 1933. Approved: M. R. KANE, Mayor. ED. McEVOY, ARDENAL THOMPSON, H. F. SCHUCKERT, M. B. ANDELFINGER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Schuckert moved the adoption of the resolution. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson. Nays —None. Petition of Arthur Apel, World War veteran, requesting that he be granted a free license to peddle fruit and vegetables for the ensuing year, presented and read. Councilman McEvoy moved that the prayer of the petition be grant- ed. Seconded by Councilman Schu- ckert. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thomps.on. Nays —None. Petition of Edw. DeWitt request- ing that he be granted a free license to peddle fruit and vegetables for the ensuing year, presented and read. Councilman Schuckert moved to refer the petition to the City Man- ager for investigation and report. Seconded by Councilman McEvoy. Carried by the following vote: Yeas - -Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson. Nays —None. Petition of Wm. Schwind request- ing the City Council to view and order the repair of the alley south of West Third Street between Col- lege and Roland Streets, presented and read. Councilman McEvoy moved to re- fer the petition to the City Council to view the grounds. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson. Nays —None. Petition of R. D. Hughes request- ing that he be granted a refund on his cigarette license for the period from April 1st, 1933 to July 1st, 1933, as he is discontinuing the sale of cigarettes, presented and read. Councilman Schuckert moved that the prayer of the petition be grant- ed and a warrant in the sum of $25.00 ordered drawn on the City Treasurer to cover the amount of the refund. Seconded by Council- man Thompson. Carried by the fol- lowing vote: Yeas — Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson. Nays —None. Petition of M. A. Pusateri, World War veteran, requesting that he be granted a free license to peddle fruit and vegetables for the ensuing year, presented and read. Councilman Schuckert moved that the prayer of the petition be grant- ed. Seconded by Councilman Mc- Evoy. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson. Nays —None. Petition of M. and A. Rogers, re- ferred to the City Council by the Board of Supervisors, requesting the cancellation of the 1932 tax on West 50 feet of Lot 3 of Min. Lot 179, presented and read. 'Councilman Thompson -moved to refer the petition to the City Solic- itor for investigation and report. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson. Nays —None. Petition of Bertha Jaffee, referred to the City Council by the Board of Supervisors, requesting the suspen- sion of the 1932 tax on North i/2 of Lot 314 of East Dubuque Addition, presented and read. Councilman Thompson moved to refer the petition to the City So- licitor for investigation and report. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson. Nays —None. Petition of William S. Canavan, referred to the City Council by the Board of Supervisors, requesting the suspension of the 1932 tax on Dot 13 of Audubon Addition, presented and read. Councilman Thompson moved to refer the petition to the City So- licitor for investigation and report. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson. Nays —None. Petition of Barbara Schmid, re- ferred to the City Council by the Board of Supervisors, requesting the cancellation of the 1932 tax on Lot 2 of 1 of 1 of 1 and Lot 2 of 1 of 1 of Weland's Sub., presented and read. Councilman Thompson moved to refer the petition to the City So- licitor for investigation and report. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson. Nays —None. Notice of Claim of Jessie Reynolds in the amount of $5,000.00 for injur- ies received on account of defective condition of Apple Street, presented and read. Councilman Thompson moved to refer the Notice of Claim to the City Solicitor. Seconded by Coun- cilman Schuckert. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson. Nays - -None. Petition of Bernell Kircher mak- ing claim in the amount of $5.50 for damages to his automobile due to Regular Session, April 3rd, 1933 69 washout of .street on Kaufman Av- enue, presented and read. Councilman Thompson moved to refer the petition to the City Man- ager for investigation and report. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson. Nays —None. Communication of Frank G. Pierce, Secretary of League of Iowa Munici- palities, requesting the City Council of the City of Dubuque to send a representative to Des Moines, Iowa, to attend the sessions of the State Legislature pertaining to the license to be charged and to be embodied in the pending beer bill so that said license to be ,charged to the retail establishments will go to the Cities and Towns, presented and read. Councilman McEvoy moved that Councilman Andelfinger be author- ized to attend said meetings at Des Moines, Iowa, as the representative of the City Council of the City of Dubuque, Io`va. Seconded by Coun- cilman Thompson. Carried by the following vote: . Yeas —Mayor Kane, Councilmen McEvoy, Schuckert and Thompson. Nays —None. Councilman Andelfinger not vot- ing. March 31, 1933. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that a flat .condition exists in the alley parallel to Rhomberg Avenue be- tween Rhomberg Avenue and Lin- coln Avenue and between the cross streets, Decatur and Hamilton, at the rear of 1615 and 1609 Rhomberg Avenue. F'or the last several years considerable ,complaint bas been made on the lack of City drainage facilities for this particular area which seems to drain from the major part of this block in the yards and cellars of 1615 and 1609 Rhomberg. There is at present a large sewer existing ,on Hamilton Street leading from Lincoln toward Rhomberg. It is the writer's suggestion that au- thority be granted to purchase about 200 feet of 15 inch storm sewer pipe to provide drainage for a new catch - basin to be built in the alley in about the center of the block be- tween Hamilton and Decatur Streets. The writer was advised that if im- mediate preventive measures were not taken by the City, that ,damage cases would be filed for the loss sustained in the last .several storms. Accordingly, I recommend that this authorization be granted on the bas- 70 Regular Session, April 3rd, 1933 is of expenditures, for material only, from the small surplus of the storm sewer bond fund. It is estimated that the material will amount to approximately $200.00. Yours very truly, R. M. EVANS, City Manager. Councilman Schuckert moved that the recommendation of City Man- ager Evans be approved. Seconded . by Councilman Thompson. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson. Nays —None. April 3, 1933. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The following storm sewer projects seem necessary and it is the writer's recommendation that authority be granted to pur- chase the materials from the Storm Sewer Bond Fund for the same: - 1.—On Eagle Street westerly from Thomas, purchase approximately 400 feet of 18 inch terra cotta pipe for the purpose of draining Eagle Street. 2. —On West 32nd Street, opposite the property of Mr. Adam Stoltz, deceased, purchase concrete mater- ials for an approximate 3 foot con- crete culvert across 32nd Street and into the Bee Branch Sewer, total length to be about 75 feet. This sewer is necessary to eliminate the wash on West 32nd Street due to excessive area northwardly from said 32nd Street. 3.— Provide additional inlets on Roosevelt Street at west side of Lincoln Avenue in order to retain surface water before reaching the steeper grade on Roosevelt between Lincoln and Rhomberg. 4.— Change and rebuild the present inadequate inlets on Roosevelt Street at the west side of Rhomberg Avenue. Yours very truly, R. M. EVANS, City Manager. Councilman McEvoy moved that the recommendation of City Manager Evans be approved. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson. Nays —None. April 3, 1933. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: In connection with the petition dated January 24th, pre - selnted to Council at the meeting of January 30, 1933, requesting that the billboard be removed at 28th Street and Central Avenue, please be ad- vised that the City Council viewed this reputed nuisance and that at- ter discussion With the City Solic- itor it was determined that Council had no right to order the sign board removed. With this in view, objec- tions have been released by the property owner on Lot 288, immed- iately north of the sign board on Central Avenue by reason of the fact that Mr. Murphy has agreed to move the board back 50 feet from the Central Avenue curb, said board to be in a straight line 5 feet from the north property line and 5 feet from the 28th Street property line. Yours very truly, R. M. EVANS, City Manager. Councilman McEvoy moved that the communication of City Manager Evans be made a matter of record. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson. Nay s —None. Councilman Andelfinger excused and left the Council Meeting at 8:10 P. M. April 3, 1933. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise the City Council that in connection with the petition presented March 22nd by Alfred Wunder, et al, requesting that 8th Street be widened on the south side from Bluff to near Jul- ien Avenue, same was viewed by the Council and at an informal meeting held at 4:30 P. M. April 3rd it was agreed that the light poles from Bluff Street to near Julien Avenue be moved back approximately 2 feet. It was understood that the pole second to Bluff Street was not to be disturbed. Yours very truly, R. M. EVANS, City Manager. Councilman Thompson moved that the recommendation of City Manag- er Evans be approved and that the prayer of the petition of Alfred Wun- der et al requesting the widening of West Eighth Street be granted and that the City Manager be in- structed to widen West Eighth Street on the south side between Bluff Street and Julien Avenue as much as possible. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Kane, Councilmen McEvoy, Schuckert and Thompson. Nays —None. Absent — Councilman Andelfinger. Mr. Michael Yambura addressed the Council protesting against the action of the Board of Health in adopting the resolution compelling vaccination of all school children in the schools of the City and the keep- ing of all children from attending school who have not been vaccinat- ed within the past seven years. Councilman Thompson moved to refer the matter of vaccination and keeping the children from attending school who have not been vaccinated during the past seven years to the Board of Health and City Solicitor for consideration. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Kane, Councilmen McEvoy, Schuckert and Thompson. Nays —None. Absent — Councilman Andelfinger. There being no further business, Councilman Schuckert moved to ad- journ. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Kane, Councilmen McEvoy, Schuckert and Thompson. Nays —None. Absent — Councilman Andelfinger. J. J. SHEA, City Clerk. Approved 1933. Adopted 1933. Councilmen I I Attest: Special Session, April 10th, 1933 City Clerk. CITY 000NCIL 71 (Official) Special Session, April 10th, 1933. Council met at 7:35 P. M. Present —Mayor Kane, Councilmen McEvoy, Schuckert, Thompson, City Manager Evans. Absent — Councilman Andelfinger. Meeting called by order of Mayor Kane and Councilman McEvoy. Mayor Kane read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of adopting the ordinance prescribing the pro- cedure for the issuance of licenses, providing for the forfeiture of the same and acting on any other busi- ness as may properly come before ai regular meeting of the City Coun- cil. Councilman McEvoy moved to suspend the rules for the purpose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas —Mayor Kane, Councimen McEvoy, Schuckert and Thompson. Nays —None. Absent — Councilman Andelfinger. Mr. Walter Paisley addressed the Council relative to the petition that he had filed with the City Council objecting to the assessments as lev- ied against his property for the con- struction of the sanitary sewer in Grandview Heights Addition Sewer District. Mr. Nick Lombardi, 2697 Delhi Street, addressed the Council re- • questing that he be granted a free license to peddle fruit and vege- tables. Councilman McEvoy moved to re- fer the verbal request of Nick Lom- bardi to the Council for consider- ation. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Kane, Councilmen McEvoy, Schuckert and Thompson. Nays —None. Absent — Councilman Andelfinger. Councilman Thompson moved that the verbal request for a suspension of taxicab drivers license be refer- red to the Council for consideration. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Kane, Councilmen McEvoy, Schuckert and Thompson. Nays —None. Absent — Councilman Andelfinger. Petition of Hotel Canfield et al, hotel owners of the City of Dubuque, requesting the City Council to re- scind that part of the City Ordinance 72 Special Session, April 10th, 1933 which compels hotels to pay a li- cense fee to the City and also that the 1933 licenses for hotels be can- celed, presented and read. Councilman Thompson moved to refer the petition to the Council for consideration. Seconded by Council- man Schuckert. Carried by the fol- lowing vote: Yeas —Mayor Kane, Councilmen McEvoy, Schuckert and Thompson. Nays —None. Absent— Councilman Andelfinger. Petition of Anthony Puccio re- questing that he be granted a free license to peddle fruit for the en- suing year, presented and read. Councilman Schuckert moved that the prayer of the petition be grant- ed. Seconded by Councilman Mc- Evoy. Carried by the following vote: Yeas —Mayor Kane, Councilmen McEvoy, Schuckert and Thompson. Nays —None. Absent -- Councilman Andelfinger. Claim of Lora L. Richard in the amount of $200.00 for damages to automobile caused by running into a ramp extending out into Southerh Avenue about 700 feet west of South Locust Street, presented and read. Councilman Thompson moved to refer the claim to the Council to view the grounds. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Kane, Councilmen McEvoy, Schuckert and Thompson. Nays —None. Absent — Councilman Andelfinger. Petition of John and Mary Kerk- enbush, referred to the City Council by the Board of Supervisors, request- ing the suspension of the 1932 tax on North 46 feet of Lot 20 of Stein - er's Addition, presented and read. Councilman Schuckert moved to refer the petition to the City So- licitor for investigation and report. Seconded by Councilman Thompson. Carried by the following vote: Yeas —Mayor Kane, Councilmen McEvoy, Schuckert and Thompson. Nays —None. Absent — Councilman Andelfinger. Petition of Geo. Klein Estate, re- ferred to the City Council by the Board of Supervisors, requesting the cancellation of the 1932 tax on North 1 /2 of Lot 308 East Dubuque Addition, presented and read. Councilman Schuckert moved to refer the petition to the City So- licitor for investigation and report. Seconded by Councilman Thompson. Carried by the following vote: Yeas —Mayor Kane, Councilmen McEvoy, Schuckert and Thompson. Nays —None. Absent — Councilman Andelfinger. Approval of Treasurer of State on appointment of the following depos- itories for City Funds, First Nation- al Bank in the amount of $175,000.00, American Trust and Savings Bank in the amount of $150,000.00, present- ed and read. Councilman Schuckert moved that the approval of the Treasurer of State be made a matter of record. Seconded by Councilman Thompson. Carried by the following vote: Yeas —Mayor Kane, Councilmen McEvoy, Schuckert and Thompson. Nays —None. Absent — Councilman Andelfinger. Contract for sale of Real Estate between the City of Dubuque and Bertram Scherer in the amount of $300.00 for the purchase of Lots in Levi's Addition, presented and read. Councilman Schuckert moved that the Contract be approvad and the Mayor and City Clerk be authorized to execute the same on behalf of the City of Dubuque. Seconded by Coun- cilman Thompson. Carried by the following vote: Yeas —Mayor Kane, Councilmen McEvoy, Schuckert and Thompson. Nays —None. Absent — Councilman Andelfinger. Ordinance No. 3 -33. An ordin- ance prescribing the procedure for the issuance of licenses, providing for the forfeiture of the same, and repealing all ordinances or parts of ordinances in conflict herewith, hav- ing been passed upon first and sec- ond readings, presented and read a third time. Ordinance No. 3 -33 An ordinance prescribing the pro- cedure for the issuance of licenses, providing for the forfeiture of the same, and repealing all ordinances or parts of ordinances in conflict herewith. Be it Ordained by the City Council of the City of Dubuque: Par. 299. Application. Section 1. All persons, firms or corporations who are required under any ordin- ance of the City to procure a license for the purpose of engaging in any business or vocation shall first make application to the City Manager for such license. Par. 300. Manager May Issue. Sec- tion 2. Except where some other method is prescribed by law, all li- censes shall be issued by the City Manager in the exercise of his dis- cretion, provided, however, that such Manager may refuse a license in any case where the applicant is not of good moral character, free from disease, or trustworthy in his busi- ness dealings or for any other rea- son that satisfies the Manager that the interests of the public would be best protected by withholding a li- cense from the applicant. Par. 301. Record. Section 3. All licenses shall be signed by the Man- ager and Clerk and entered in a book kept for that purpose. Par. 302. License — Expires. Sec- tion 4. Except as may be provided by law, annual licenses shall extend from April 1st to March 31st in the year following. No such license shall be issued after the first day of April in any year unless and until the applicant shall pay, as a penalty in addition to the license fee, a fur- ther sum of five per cent (5 %) of such annual fee for the first month of delinquency, three per cent (3 %) for the second month of delinquency, two per cent (2 %) for the third month of delinquency and one per cent (1 %) for each month of delin- quency thereafter, said penalty being cumulative. The penalty shall attach on the first day of each month fol- lowing April 1st. Par. 303. Lesser Periods. Section 5. In all cases where licenses may be issued for lesser periods than a full year, the license fee shall be as follows: A. When the application is made within the first quarter of the fis- cal year, the license fee Shall be the same as the annual fee; B. When the application is made in the second quarter of the fiscal year, the license fee shall be sev- enty -five per cent (75 %) of the annual fee; C. When the application is made in the third quarter of the fiscal year, the license fee shall be fifty per cent (50 %) of the annual fee; and D. When the application is made in the fourth quarter of the fiscal year, the license fee shall be twen- ty -five per cent (25%) of the an- nual fee. In all other cases the li- cense fee provided for in the gen- eral license ordinance governing the particular business for which a license is required shall prevail and be exacted. Fractions of a month shall be taken as a full month. Par. 304. Not Transferable. Sec- tion 6. Licenses issued hereunder shall not be transferable and shall cease whenever the licensee ceases to operate thereunder. Nothing here- in contained shall prevent a licensee from operating under his license at a place other than that described in the license, providing information re- garding such change in location be furnished the License Department. Par. 305. Revoked. Section 7. The City Manager may, at his pleas- ure and for good cause shown, re- Special Session, April 10th, 1933 73 yoke any license issued by him and when a license is revoked the licen- see shall not be granted another li- cense to engage in the same busi- ness for which the license was is- sued for a period of at least six months thereafter. Par. 306. No Refund. Section 8. Except as may be provided by law, no refund shall be allowed upon any license which is actually used for a lesser period than that prescribed in the license. Par. 307. Repealing Clause. Sec- tion 9. All ordinances or parts of ordinances inconsistent or in conflict herewith are hereby repealed. Par. 308 . Effect. Section 10. This ordinance being deemed urgent and for the preservation of the peace, health, safety and general welfare of the City and its inhabitants, shall be in force and effect from and af- ter its final passage and adoption by the City Council and publication as provided by law. Passed upon first and second read- ings this 29th day of March, 1933. Passed, adopted and approved up- on final reading this 10th day of April, 1933. M. R KANE, Mayor. ED. McEVOY, ARDENAL THOMPSON, H. F. SCHUCKERT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Schuckert moved the adoption of the ordinance. Second- ed by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Kane, Councilmen McEvoy, Schuckert and Thompson. Nays —None. Absent— Councilman Andelfinger. Published officially in the Tele- graph- Herald and Times- Journal newspaper April 12th, 1933. J. J. SHEA, City Clerk. April 7, 1933. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The request of Mr. Wm. Schwind submitted to Council April 3, 1933, asking that the alley south of West 3rd Street between College and Roland Streets be re- paired in such manner that storm water Would not wash out the alley was viewed by the Council about 5:00 P. M. April 6th. The City Manager was instructed to place crushed rock in the alley, grade slightly in order .to remove some humps and depressions and P Absent — Councilman Andelinger. April 10, 1933. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: On April 3rd the pe- • tition of Mr. Edward De Witt of 1745 Auburn Street requesting a free permit to sell fruit and vege- tables was referred to the writer. Mr. De Witt, upon a personal visit today, advised that he is 42 years old; has worked for the Illinois Cen- tral Railroad since 1922, but since L930 has worked only two days per month for said railroad company. His position is boiler inspector. He lives at 1745 Auburn Street, partial- ly owns his home and is burdened with a paving assessment on the same. Mr. De Witt is not disabled and is not sick and has not had war experience. He is married and supports his wife and one boy in high school. He owns a Dodge truck, 1924 model; has paid his bills thus far and his taxes to date, but his money is practically gone and he sees the selling of fruit and vege- tables as his only possible chance from requesting aid from the Coun- ty. He paid $75.00 for a 1931 -32 license and operated during the first quarter of last year upon pay- ment of $18.75. The writer can see no clear way to recommend a free license to the applicant in spite of his good char- acter and good reputation. Yours very truly, R. M: EVANS, City Manager. Councilman McEvoy moved that the recommendation of City Man- ager be approved. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Kane, Councilmen McEvoy, Schuckert and Thompson. Nays—None. Absent — Councilman Andelfinger. Verbal report of City Solicitor Czizek recommending the settlement of the claim of the Page Hotel in the amount of $225.00 for damages to their property caused by flood waters, presented. Councilman Schuckert moved that the recommendation of City Solic- itor Czizek be approved and a war- rant in the sum of $225.00 be ord- ered drawn on the City Treasurer in favor of Page Hotel as settle- ment in full of their claim for dam- ages to their property caused by flood waters. Seconded by Council- man McEvoy. Carried by the fol- lowing vote: Yeas —Mayor Kane, Councilmen McEvoy, Schuckert and Thompson. Nays —None. Special Session, April 10th, 1933 75 Absent — Councilman Andelfinger. Verbal report of City Solicitor Czizelt recommending the settlement of the claim of Coca Cola Bottling Works in the amount of $32.20 for damages to their property caused by flood waters, presented. Councilman Schuckert moved that the recommendation of City Solicitor Czizek be approved and a warrant in the sum of $32.20 be ordered drawn on the City Treasurer in fav- or of Coca Cola Bottling Works as settlement in full of their claim for damages to their property caused by flood waters. Seconded by Council- man McEvoy. Carried by the fol- lowing vote: Yeas —Mayor Kane, Councilmen McEvoy, Schuckert and Thompson. Nays —None. Absent — Councilman Andelfinger. There being no further business Councilman Schuckert moved to ad- journ. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Kane, Councilmen McEvoy, Schuckert and Thompson. Nays —None. Absent — Councilman Andelfinger. J. J. SHEA, City Clerk. Approved 1933. Adopted ........... _...._ .......... _...._._...._ 1933. Councilmen Attest: City Clerk. 74 Special Session, April 10th, 1933 that, if possible, later in the year the same be oiled. Yours very truly, R. M. EVANS, City Manager. Councilman Schuckert moved that the communication be made a mat- ter of record. Seconded by Coun- cilman Thompson. Carried by the following vote: Yeas —Mayor Kane, Councilman McEvoy, Schuckert and Thompson. Nays —None. Absent— Councilman Andelfinger. April 10, 1933. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have approved the following pol- icies covering signs and desire to have your approval on same for filing: — Kraft Clothing Store, 560 Main Street. Policy No. GL. 0854075, Aetna Life Ins. Co. Herbert Tucker and John Luthe, 480 Locust Street. Policy No. I. C. & M. 1746076, Continental Cas- ualty Co. Peter Takos Co., (Earl Kinzie and Peter Takes), 472 Main Street. Policy No. GL. 0854047, Aetna Life Ins. Co. Iowa Oil Co., 4th and Locust Sts., 20th and Jackson Sts., Delhi and As- bury Sts., 14th and White Sts., 27th and Jackson Sts. Certificate of In- surance Policy No. JW 1643, Stan- dard Accident Ins. Co. Personal Bond Herbert C. Peters, 2241 Lincoln Avenue. Superintendent of Parks, Globe Indemnity Co. Yours very truly, R. M. EVANS, City Manager. Councilman Schuckert moved that the policies and bonds be approved and placed on file. Seconded by Councilman Thompson. Carried by the following vote: Yeas —Mayor Kane, Councilmen McEvoy, Schuckert and Thompson. Nays —None. Absent — Councilman Andelfinger. April 10, 1933. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I am submitting herewith reports of the City Audi- tor, City Treasurer and City Water Works for the month of March, 1933, also a list of claims and a list of payrolls for which warrants were drawn during the month of March, 1933. Yours very truly, R. M. EVANS, City Manager. Councilman Schuckert the reports be received on file. Seconded by Thompson. Carried by ing vote: Yeas —Mayor Kane, McEvoy, Schuckert and Nays —None. Absent— Councilman Andelfinger. April 10, 1933. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: On March 3rd a pe- tition from Bernell Kircher of 2124 Coates Street was referred to the writer for investigation. The or- iginal petition claimed that $5.50 ex- pense was caused by damage to Mr. Kircher's Ford car on March 30, 1933 . The petition did not state at what location the damage occurred. Upon an interview today, I find that the petitioner's car sank in a newly bricked -over sewer trench on Kaufman Avenue about 8:30 P. M. Thursday night, March 30, 1933, dur- ing a bad storm. The petitioner was driving on the wrong side of the street, coming eastwardly on the wrong side of Kaufman Avenue due to a warning that he had received from a taxicab driver, whom he had just passed, that a hole existed near where he was going to pass. At this particular time there was along the west side of Kaufman Avenue, the City concrete mixer and other equip- ment used in the finishing of the storm sewer work on said Kauf- man Avenue. Immediately after the accident, the owner called the police station and we managed to drag out of the sunk- en depression the Ford car and re- move the same to a garage. The repairs include straightening the front axle, repairs to radiator and loss of oil. This accident occurred during a storm which is entirely beyond the City's control and the sunken de- pression in the storm sewer ditch must have occurred under water which was floating down the street several inches deep. As to the City's liability in this connection, I would refer the same to the City Solicitor. Yours very truly, R. M. EVANS, City Manager. Councilman Thompson moved that the communication of City Manag- er Evans, with attached claim of Bernell Kircher be referred to the City Solicitor. Seconded by. Coun- cilman Schuckert. Carried by the following vote: Yeas —Mayor Kane, Councilmen McEvoy, Schuckert and Thompson. Nays —None. moved that and placed Councilman the follow - Councilmen Thompson. (Official. Special Session, April 14th, 1933. Council met at 4:10 P. M. Present —Mayor Kane, Councilmen Andelfinger, McEvoy, ' Schuckert and City Manager Evans. Absent — Councilman Thompson. Meeting called by order of Mayor Kane and Councilman McEvoy. Mayor Kane read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of acting on petitions that have been referred to the City Council for consideration and on any other business as may properly come before a regular meeting of the City Council. Councilman Schuckert moved that the petition of John A. Cunningham, requesting that West Eighth Street between Bluff and Diamond House be widened on the south side of the street at least thirty feet, be re- ceived and filed. Seconded by Coun- cilman Andelfinger. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy and Schuckert. Nays —None. Absent -- Councilman Thompson. Councilman McEvoy moved that the verbal request of Nick Lombardi, requesting that he be granted a free license to peddle fruit and vegetables for the ensuing year, be received and filed. Seconded by Councilman Schuckert. Carried by the follow- ing vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy and Schuckert. Nays —None. Absent -- Councilman Thompson. Councilman Schuckert moved that the verbal request for the suspension of taxicab drivers license be received and filed. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy and Schuckert. Nays —None. Absent — Councilman Thompson. Councilman Schuckert moved that the license fee for the operation of hotels be reduced 50% on basis of present schedule. Seconded by Coun- cilman McEvoy. Carried by the fol- lowing vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy and Schuckert. Nays —None. Absent — Councilman Thompson. Councilman Schuckert moved to refer the claim of Lora L. Richard, in the sum of $200.00 for damages to automobile caused by running in- to a ramp extending out into the 76 Special CITY COUNCIL Session, April 14th, 1933 traveled portion of Southern Avenue, be referred to the City Solicitor for investigation and report. Seconded by Councilman Andelfinger. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy and Schuckert. Nays —None. Absent — Councilman Thompson. Councilman Andelfinger moved that the petition of Trausch Baking Co. et al, requesting that Main Street between Charter Street and West 17th Street be repaved, be received and filed. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy and Schuckert. Nays —None. Absent — Councilman Thompson. Councilman Andelfinger moved that the petition of Alice E. Wood ward et al, Main Street property owners, requesting that Main Street between Charter Street and West 17th Street be not repaved at this time, be received and filed. Sec- onded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy and Schuckert. Nays —None. Absent— Councilman Thompson. Councilman Andelfinger moved that the petition of H. B. Glover Em ployees, requesting a reduction in bus fares during the working hours, be received and filed. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy and Schuckert. Nays —None. Absent— Councilman Thompson. Verbal report of City Solicitor Czizek, recommending the settle- ment of the claim of Forrest Plass ' for the sum of $275.25 for damages . to his automobile and injuries sus- tained by the occupants of his auto- mobile caused when his car plunged over an embankment in alley north of West 14th Street between Audu- bon and Adair Street, presented. Councilman Andelfinger moved that the recommendation of City So- licitor Czizek be approved and that a warrant in the sum of $275.25 be ordered drawn on the City Treasur- er as settlement in full of the claim of Forrest Plass. Seconded by Coun- cilman McEvoy. Carried by the fol- lowing vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy and Schuckert. Nays —None. Absent — Councilman Thompson. There being no further business Councilman Schuckert moved to ad- journ. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy and Schuckert. Nays —None. Absent -- Councilman Thompson. J. J. SHEA, City Clerk. Approved 1933. Adopted 1933. Councilmen Attest: Special Session, April 18th, 1933 77 City Clerk. CITY COUNCIL (Official) Special Session, April 18th, 1933. Council met at 7:35 P. M. Present —Mayor Kane, Council- men Andelfinger, McEvoy, Schuckert and Thompson. Meeting called by order of Mayor Kane and Councilman Schuckert. Mayor Kane read the call and stat- ed that service thereof had been duly made and that this meeting is called for the purpose of introducing a beer ordinance and acting on any other business as may properly come .be- fore a regular meeting of the City Council. Ordinance No. 5 -33. An Ordin- ance providing for the issuance of Class B and C permits, as defined by this ordinance, for the sale of beer containing not more than three and two tenth (3.2 %) per centum of alcohol by weight; prescribing the procedure for the issuance of such permits and the conditions precedent thereto; authorizing the revocation of the same; fixing the permit fees and the fund to which the same shall be allocated; prescribing a penalty for the violation hereof; regulating sale and time and place of sale of beer; and declaring an emergency, presented and read. Councilman Schuckert moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson. Nays —None. Councilman Schuckert moved to suspend the rules requiring an or- dinance to be read on three separate days. Seconded by Councilman Mc- Evoy. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson. Nays —None. The ordinance was then read a second time. Councilman Schuckert moved that the reading just had be considered the second reading of the ordinance. Seconded by Councilman McEvoy., Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson. Nays —None. Councilman Andelfinger m o v e d to suspend the rules for the purpose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Second- 1 ■ ■ I • • 78 Special Session, April 18th, 1933 ed by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson. Nays —None. Attorney John A. Cunningham ad- dressed. the Council in reference to the placing of bonds for Class B and Class C permits. Petition of William Zieman, re- ferred to the City Council by the Board of Supervisors, requesting the suspension of the 1932 tax on North 34 feet of Lot 245 Davis Farm Ad- dition, presented and read. Councilman Schuckert moved to refer the petition to the City So- licitor for investigation and report. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson. Nays —None. Petition of John Palm, referred to the City Council by the Board of Supervisors, requesting the suspen- sion of the 1932 tax on South West 23 feet of Lot 23 of Wick's Addi- tion, presented and read. Councilman Schuckert moved to refer the petition to the City So- licitor for investigation and report. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson. Nays —None. Petition of Mrs. Mary Fink, re- ferred to the City Council by the Board of Supervisors, requesting the suspension of the 1932 tax on Lot 14 Reeder Langworthy's Addition, presented and read. Councilman Schuckert moved to refer the petition to the City So- licitor for investigation and report. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson. Nays —None. Petition of Mrs. Mary Pregler, re- ferred to the City Council by the Board of Supervisors, requesting the suspension of the 1931 and 1932 tax- es on the North 1 /z of Lot 19 of L. H. Langworthy' Addition, present- ed and read. Councilman Schuckert moved to refer the petition to the City So- licitor for investigation and report. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson. Nays —None. Petition of John Schuster request- ing that he be granted a permit to build a garage at 376 South Grand- view Avenue, presented and read. Councilman Thompson moved to refer the petition to the City Man- ager. Seconders by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson. Nays —None. Petition of Elizabeth Young re- questing that she be granted an agri- cultural exemption from City Tax on E. Young's Place fronting on Kane Street, presented and read. Councilman Andelfinger moved to refer the petition to the City Assess- or; for investigation and report. Sec- onded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson. Nays —None. Petition of Joseph Amodeo, World War Veteran, requesting that he be granted a free license to peddle fruit and vegetables for the ensuing year, presented and read. Councilman Schuckert moved to refer the petition to the City Man- ager for investigation and report. Seconded by Councilman Andelfing- er. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson. Nays —None. Proof of publication, certified to by the publisher's, of the list of claims for which warrants were drawn during the month of March, 1933, presented and read. Councilman Schuckert moved to receive and file the proof of pub- lication. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson. Nays —None. Report of Building Commissioner Bartels stating that the Metropolitan Shoe Shop are going to pay the Kuehnle Insurance Agency for the sign policy on the installment plan, presented and read. Councilman Schuckert moved that the report of the Building Commis- sioner be made a matter of record. Seconded by Councilman Thompson. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson. Nays - -None. Petition of A. G. Snyder, making claim for injuries received due to stepping on lid of catch basin at the corner of Hill and Dodge Streets, said lid tipping and allowing his leg to slide down into the catch basin and injuring his prostate gland, pre- sented and read. Councilman McEvoy moved to re- fer the petition to the City Solicitor for investigation. Seconded by Coun- cilman Schuckert. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson. Nays —None. Ordinance No. 4 -33. An ordin- ance providing that certain business- es and vocations conducted in the City of Dubuque shall be licensed; fixing the license fee therefor; de- fining terms employed; prescribing the regulations which shall apply to businesses and vocations required to be licensed; repealing all Ordinances or parts of Ordinances in conflict herewith; and prescribing a penalty for violation hereof, having been passed on first and second readings, presented and read a third time. ORDINANCE NO. 4 -1933. An Ordinance providing that certain businesses and vocations conducted !n the City of Dubuque shall be licensed; fixing the license fee therefor; defining terms employed; prescribing the regu- lations which shall apply to businesses and vocations required to be licensed; repealing all Ordinances or parts of Or- dinances in conflict herewith; and pre- scribing a penalty for violation hereof. WHEREAS, before any person, firm, or corporation shall engage in any of the businesses or vocations herein enumerated, licenses must be procured therefor, and in order that such busi- nesses and vocations may be carried on in an orderly manner and in the inter- est of the public peace, health, and gen- eral welfare, it is necessary to pre- scribe rules and regulations governing the conduct of such businesses. NOW, THEREFOR, Be it ordained by the City Council of the City of Du- buque: Par. 309. REGULATIONS AND LI- CENSES. Section 1 That the follow- ing regulations and licenses shall apply to the various businesses and vocations enumerated herein. AUCTIONEERS 1. AUCTIONEER shall mean any person, firm or corporation who en- gages in the business of selling or of- fering for sale real or personal property at public auction. 2. AUCTION SALES of merchandise shall not be conducted within the fo: lowing district: On Locust street from West 3rd street to West 12th street; on Main street from West 3rd street to West 12th street; on Iowa street from West 4th street to West 14th street; on Central avenue from 4th street to 20t'i street; and on West 8th street from Central avenue to Bluff street; and on any of the cross streets within the de- scribed district and for a distance of 150 feet therefrom in each direction. 3. PERMIT. Before an auction solo Is held anywhere within the City, a Permit must be granted therefor by Special Session, April 18th, 1933 79 the City Manager and the Auctioneer's License Fee shall he paid and the per- son proposing to conduct such sale shall file with the City Manager an inventory of the merchandise proposed to be sold, setting forth therein the quantity and description of each item and, if any merchandise has been brought into the City for sale at such auction, such mer- chandise must be separately described. Such inventory shall remain on file hi the City Manager's office for public in- spection, and only the items of mer- chandise appearing therein shall be sold or offered for sale at such auction. 4. NOTICE. If the owner intends to offer a bid at a public auction „r . have someone bid for him, he shall give a written or oral notice of such fact at the opening of each auction period, and in the absence of such notice, he shall not submit a bid nor shall he em- ploy or induce any person to bid for him nor shall the auctioneer employ or induce any person to bid at such sate for the owner nor shall he knowingly take any bid from the owner or any person employed oy him. In addition to the penalties herein described any such sale may be treated as fraudulent by the buyer. 5. MISREPRESENTATION. No ar- ticle or piece of merchandise sold or offered for sale shall be misrepresented as to quantity, quality or price value. 6. PREMISES. The premises where an auction sale is being held shall he well lighted and illuminated at all times. 7. EXCEPTION. The following sales shall be exempted from the foregoing restrictions: Judicial Sales, Sales by Executors and Administrators, Sales by Licensed Pawn Brokers for unredeeer,i- ed pledges in the manner provided by Law, and Sales of stocks of goods on hand at the opening of such auction belonging to any person, firm or cor poration which has been in business 10 the City of Dubuque at the place where such sale is held continuously for at least one year prior thereto as a retail or wholesale merchant handling the kind of merchandise being offered for sale. Provided, however, that any such sale must be concluded within thirty (30) successive days. Sundays and Holidays excepted, unless a further extension of not more than thirty (30) days is grant- ed by the City Manager upon applica- tion filed with him for that purpose. 8. PENALTY. Failing to procure an auctioneer's License. failing to secure a permit for an auction sale; or failing to obey or comply with any of the fore- going regulations shall subject the of- fender to the penalties herein prescrib- ed. 9. AUCTIONEER'S LICENSE. Sales of real estate, household goods or Ave stock by auctioneers, $5.00 per day or $25.00 per year. AUCTIONEER'S LICENSE. Sales of goods and merchandise of resident merchants by auctioneers, $5.00 per' day, $15.00 per wet 1r, $35.00 per month. AUCTIONEER'S LICENSE. Sales of goods and merchandise brought into the City for sale by auctioneers, or auction sales of resident merchants of goods and merchandise which is sup- plemented by other goods and mer- chandise brought into the City for sale by auction, $25.00 per day for the first thirty (30) days, $15 00 per day for tho next thirty (30) days and $10.00 oer day for each day thereafter. BATHING BEACHES 1. BATHING BEACHES shall not r,e operated between the hours of Nine a by the owner within said time it shall he killed. In case of emergency, how- ever, and in order to protect Life or Property, such an animal may be in- stantly killed by an officer or any 'oth- er person having cause to fear injury from the same. The owner of any d'og or bitch shall not permit the same to run at large and failure to confine such animal upon his premises shall subject the owner to the penalty herein provid- ed for. 2. DOGS RUNNING AT LARGE. Dogs running at large shall mean any dog or bitch which is not confined upon the premises of the owner. 3. DOG LICENSE. The License for Permitting dogs to run at large shall be $1.00 per year for each male dog or spayed female, and $3.00 per year for each female clog. FORTUNE TELLERS. 1. Persons engaged in the practice of Telling Fortunes, Palmistry, Clair- voyance, Phrenology, or similar art, shall, in addition to paying the requir- ed license, furnish the City Manager with a physician's certificate of health and a statement of good moral char- acter signed by the Chief of Police of the place where he or she practiced such art prior to coming to this city. 2. FORTUNE TELLERS LICENSE The license for the practice of fortune telling, palmistry, phrenology, clair- voyance or similar profession or art shall be $5.00 per day, $25.00 per week, $50.00 per month. HOTELS AND ROOMING HOUSES. LICENSE. The license for hotel, room- ing house or lodging house for trans- ients containing less than thirty (30) rooms, $5.00 per year ; between thirty (30) and fifty (50) rooms. $7.50 per year; between fifty (50) and seventy (70) rooms, $12.50 per year; between seventy (70) and one hundred (100) rooms ; $20.00 per year ; between one hundred (100) and two hundred (200) rooms, $37.50 per year; and two hun- dred (200) or more rooms, $75.00 per year ITINERANT PHYSICIANS OR SURGEONS. 1. ITINERANT PHYSICIANS OR SURGEONS shall mean such physi- cians and surgeons who practice their profession by traveling about from place to place. 2. ITINERANT PHYSICIAN LI- CENSE. The license for itinerant phy- sicians and surgeons shall be $10.00 per day ; $25.00 per week ; $50.00 per month. JUNK COLLKC,TORS AND AUTO SALVAGE DEALERS. 1. JUNK COLLECTORS shall mean anyone who buys and (or) sells junk, au- tomobile _ parts or tires of every kind and description, either as his main busi- ness or as incidental to some other business. 2. JUNK shall mean old scrap met- als, machinery, rags, paper, bottles, tin ware, furniture, plumbing and electrical materials and fixtures, automobile parts ' or tires, platinum, gold or silver, or any other article or thing usually bought, sold or dealt with as junk. 3. JUNK COLLECTORS LICENSE. The license for collectors of scrap met- als, machinery, rags, paper, bottles, tin ware, furniture, discarded plumbing and electrical materials and fixtures and other similar articles shall be $12.50 per year for operating with one horse and wagon ; $25.00 a year for two horses and wagon or automobile or truck . $10.00 per year for collecting without a vehicle. Special Session, April 18th, 1933 81 Any person, firm or corporation who engages in the business of buying and (or) salvaging automobiles, parts or tires shall pay a license of $25.00 a year. Any person engaging in the purchase and collection from house to house of platinum, gold or silver shall pay a li- cense fee of $10.00 a day, $25.00 a week or $75.00 a month. LUNCH WAGONS. 1. Where vehicles are used from which lunches or prepared foods are sold along and upon the public streets, such vehicles shall be maintained in a clean and sanitary condition, as well as the utensils used in connection there- with. Such vehicles shall not be per- mitted to stand upon the streets at any single location for a longer period than ten minutes. A single location shall mean any place within a given block. 2. LUNCH WAGON LICENSE. The license for any person, firm or corpora -, tion engaged in the business of selling lunches from, a .ivagon or other vehicle shall be $50.00 per year. PAWN BROKERS. 1. PAWN BROKER shall mean any person, firm or corporation who makes loans or advancements upon pawn, pledge, or deposit of personal property or who receives actual possession of personal property as security for a loan or with or without a Mortgage or Bill of Sale. 2. Pawn Brokers, shall keep a record In the English language and in a book kept for that purpose which shall con taro the following information regard • ing each sale or purchase of personal property: (a) The name of the person from whom the, property was received and his place of residence; (b) An ac- curate description of such property; (c) The estimated value thereof and the amount of Loan therefore; (d) When the transaction took place and the period of redemption; (e) Whether a Mortgage, Bill of Sale, Receipt or Pawn Ticket was given; (f) When and to whom the property was sold, if not ic- deemed. Such record shall always be open to the public inspection by any Police Officer. Failure to keep seen record book or malting false entries therein or refusal to produce the same when requested shall subject the offend- er to the penalty herein provided for. 3. SHALL FILE BOND. Every pawn broker shall, in addition to pay- ing the license fee or tax, file with the City Cleric, a bond. in the sum of $1,000 with at least two sureties, to be ap- proved by the City Manager, condition- ed for the faithful compliance with all the provisions of the ordinance relating to or regulating such business, and that he will account for and deliver to any person entitled thereto, any goods or property which may come into his hands in the tours of his business, or will pay the value thereof, and any damage which may accrue because of his failure to deliver the same. 4. PAWN BROKER LICENSE. The License for a pawn broker shall be $100.00 per year. • PEDDLERS AND TRANSIENT MER- CHANTS. 1. PEDDLER is an itinerant vendor of personal property who, by traveling about from house U.. house or place to place, sells or offers to sell the, same either, (a) for immediate delivery, . (h) for future delivery, (c) by any contract or agreeirlent.of sale whereby immedi- ate delivery is made, but title thereto 80 (9) o'clock P. M. and Six (6) o'clock A. M. Experienced guards shall be in attendance at all times. If children are admitted, shallow water bathing places must be maintained and sep- arated from deeper water by ropes or other precautionary measures and signs erected to indicate the same. Immoral or indecent exposure of the person and profane language shall be prohibited. Shower baths must be provided upon the premises. 2. BATHING BEACH LICENSE.' The License for bathing beaches or swim. ming pools operated for profit shall be $20.00 per month. BILL POSTERS AND DISTRIBUTORS 1. BILL POSTERS AND DISTliIBi7- TORS LICENSE. All persons engaged to the business of posting bills Or the busi- ness of distributing hand bills, samples, or advertisements of any kind, shall pay a license of $25.00 per year. BILLIARD AND POOL HALLS 1. BILLIARD AND POOL HALLS shall not be operated between the hoofs of Twelve (12) o'clock midnight and Six (6) o'clock A. M. except for heating and cleaning the same. There shall be no obstructions placed in the windows so as to prevent a clear view of the in- terior from the street. Such business shall be conducted in a single room without any connection with or to any other room except toilet rooms and or a basement which is used for storage or heating purposes, or some other le-Tit:- mate business or trade. Where such business Is conducted in connection with some other business in the same :corn, all of the provisions hereof shall :upuly and the one business shall not be sel - arated from the other business by screens, curtains or partitions, except with the consent of and under the re- strictions imposed by, the City Connell. 2. MINORS, under the age of seven- teen (17) years shall not he permitted to gather or loiter in and about or be employed as help or engage in any games played therein. 3. BILLIARD AND POOL TAF,LE LICENSE. The License shall be $ .00 per year for each pool or billiaf d table operated for profit. 4. EXCEPTION. The foregoing pro- visions shall not apply to Clubs, Lodges or Societies operating pool and billiard tables primarily for their own members. BOWLING ALLEYS 1. BOWLING ALLEY LICENSE. The License shall be $5.00 per year for each bowling alley, box ball alley, cr similar device operated for profit 2. EXCEPTION. The foregoing pro- vision shall not apply to Clubs, Lodges or Societies operating howling alleys, or similar devices, primarily for their own members. CARNIVAL, CIRCUS, SHOWS, *C. 1. NO CIRCUS, MENAGERIE, t�nR- NIVAL OR SHOW shall be conducted within residence neighborhoods unless the same are held for one day only. Wherever held they shall be conducted in an orderly, peaceful and quiet man- ner and so as not to interfere with or obstruct streets and highways near or adjacent to the place where such per- formances are being held. Gambling de- vices and immoral exhibitions and dis- plays are prohibited. 2. RESIDENCE NEIGHBORHOOD when applied to the holdings of carni- vals, circuses, shows, etc. shall mean any part of the City which is aui:t up with residences, homes, churches, or schools where such buildings are within Two Hundred and Fifty (250) feet in Special Session, April 18th, 1933 any direction from the place where it Is proposed to hold such performances. 3. CARNIVAL LICENSE. The Li- cense for a carnival shall be $50.00 for the first day and $25.00 for each suc- ceeding day. CIRCUS LICENSE. The License for a circus or menagerie shall be $200.00 for the first day and $100.00 for each suc- ceeding day. SIDE SHOW LICENSE. The License for side shows whether traveling alone or In connection with a circus ur me- nagerie shall be $25.00 for the first clay and $12.50 for each succeeding day. DOG AND PONY SHOW LICENSE. The License for a dog and pony show shall be $50.00 for the first day and $25.00 for each succeeding day. WILD WEST SHOW LICENSE. The License for wild west shows shall be $125.00 for the first day and $75.00 for each succeeding day. MERRY -GO- ROUND, ETC. LICENSE. Proprietors of merry -go- rounds, circular swings, roller coasters or similar devices shall pay a license of $2.00 per day; $25.00 per month. SHOWS AND EXHIBITIONS LI- CENSE. For each show or exhibition conducted for profit at which prizes are offered and for exhibitions by ven- triloquists, ,:mesmerists, magicians or the like, the License shall be $25.00 for the first performance and $10.00 for each subsequent performance. SHOWS AND EXHIBITIONS LI- CENSE. For all theatrical exhibitions, traveling concerts, minstrel shows, ath- letic contests or exhibitions or other public performances, the License shall be $10.00 for the first performance and $5.00 for each subsequent performance or ex- hibition. OPEN AIR OR MEDICINE SHOW LI- CENSE. For open air or outdoor mer- chandise shows at which merchandise or medicine of any kind is sold or of- fered for sale, the License shall be' $50.00 for the first day and $35.00 for each succeeding day. 4. EXCEPTIONS. (a) The provi- sions hereof shall not apply to perform- ances or exhibitions conducted in a dully licensed theatre or building. (b) The provisions hereof shall not apply to any exhibition, concert, per- formance or entertainment where the profits thereof are used for civic, char- itable, patriotic, religious or other pub- lic purposes. (c) The provisions hereof shall not apply to lawn fetes, bazaars, ice cream socials or the like which are conducted by churches, lodges, schools, patriotic or charitable organizations. CHRISTMAS TREES 1. CHRISTMAS TREE LICENSE, The License for the sale of Christmas trees by temporary merchants shall he $10.00 for the season. DOGS. 1. A dog or bitch licensed to run at large shall have the current license tag which has been issued by the City Man- ager securely fastened to its collar and any dog not having such tag shall be treated as an unlicensed dog. An unli- censed dog may be empounded in the City, Pond by an officer or person and confined therein for a period of forty - eight (48) hours. If the animal is not claimed by its owner within said time and the license fee paid, together with a fee of One Dollar for keeping the same, it shall be killed. A dangerous or vicious dog, whether licensed or not, may be empounded and kept for the period above stated and if not claimed 82 Special Session, April 18th, 1933 is held in the owner until full payment is made therefor ' 2. PEDDLING shdli. not be conduct- ed upon the public streets from tem- porary stands or vehicles to which people are attracted by talking, singing, music, unusual noises or entertainmert or by the use of flares or lights. 3. FOOD COMMODITIES sold along and upon the streets, including i e cream, shall at all times be subject w inspection by the Food Inspector ann the Market Master of this City and this inspection shall apply to the quantity, weights, measure and sanitation of the article offered for sale. Unwholesome, rotten or decayed foods shall not 0e sold or offered for sale and it shall be the duty of the Food Inspector or Ma ^- ket Master to condemn such foods wherever found. 4. VEHICLES upon which such foods are carried, the containers in which the same are handled and the food pro- ducts shall be clean and sanitary, pro- tected against filth, dust, flies, or other contaminating substances by proper cover or screens. In the absence of an agreement in writing whenever any of the articles or commodities are sold upon the streets by the bushel or frac- tional part thereof the measure there- of shall be ascertained by avoirdupois weight, computed as by Law provided. The License shall be attached to the vehicle from whicit such products are sold. 5. TEMPORARY VENDORS of food products or persons who engage in the business of selling food products for short periods of the year only must he licensed as a peddler before they can sell such products along and upon the streets from house to house, street to street, or place to place, whether such sales be at Wholesale or Retail, unless the seller is the producer, raiser or grower of such products or the em- ployee of such persons Anyone claim- ing to be a producer, or grower of food products offered fo- sale as stated, or the agent or employee of the same shall file with the City Manager a statement under oath to the effect that he is such producer, agent or employee. 6. REFUSAL TO PERMIT AN IN- SPECTION of food products as herein provided for or the violation of any of the provisions hereof shall subject the offender to the penalty herein provided for. 7. PEDDLERS OF FOOD COMMO- DITIES LICENSE. The License for peddling food commodities upon and along streets and public places, from house to house or store to store shall be $10.00 per day or $75.00 per year. • OTHER PEDDLERS LICENSE. inc ' License for peddling other than fond products shall be $10.00 per day; $25 00 per week; $50.00 per month. STREET ICE CREAM PEDDLERS LICENSE. The License for peddling ice cream from a vehicle, stand or booth shall be $2.00 per day; $10.00 per week, $75.00 per year. PEDDLERS OF MILK LICENSE. For peddling milk upon the streets and public places the license shall be $5.00 per year for each vehicle so used. v 8. TRANSIENT MERCHANT shall mean any person, firm or corporation who engages in the business of selling goods, wares or merchandise from any fixed or temporary location which ie temporarily maintained within the City of Dubuque, and, or when such a business is intermittently carried on and there is no intention to condue.t the same permanently within said City, and in addition to the foregoing, the term shall apply to any person, firm or corporation who temporarily locates in the City and engages in the taking of orders for merchandise on his or its own account, either for immediate or future delivery, and when the busi- ness is so conducted that the merchan- dise so sold is procured from a whole- sale house and shipped for delivery to the purchasers, said person, firm or corporation paying for the goods at wholesale and collecting the retail therefor. 9. 9. Whenever a merchant claims to be permanently located in said .City and the nature of his business is such as to cause some doubt as to such rep- resentation, the City Council may in- struct the City Solicitor to enter into an agreement or arrangement with such merchant whereby the interest if the City will be protected, which agree- ment and arrangement shall be report- ed to the City Council for its approval. 10. Persons to whom a transient merchant's License has been issued shall keep the same posted upon the front or street window of the building where the business is conducted. 11. TRANSIENT MERCHANT'S CENSE. The License for a transient merchant shall be $10.00 per day; $25.00 per week; $50.00 per month. PLUMBERS 1. The business of plumbing shall be regulated as provided for in the Plumb- ing Ordinance of the City of Dubuque. 2. MASTER PLUMBER shall mean any person who is skilled in the plan- ning, supervising, and directing of plumbing work and of drainage and sanitary systems and any firm or cor- poration having in its employ such a person so qualified. 3. JOURNEYMAN PLUMBER shall mean any person engaged in the prac- tical installation of plumbing, sewer or sanitary systems. 4. PLUMBERS LICENSE. The Li- cense for a master plumber shall be $10.00 per year and a renewal fee of $2.00 per year. The License for a jour- neyman plumber shall be $5.00 per y'.ar and a renewal fee of $1.00 per year PUBLIC DANCES AND PUBLIC DANCE HALLS 1. PUBLIC DANCE shall mean any dance to which the public is invited and a fee or other consideration for dancing is charged. 2. PUBLIC DANCE HALLS shall mean any room, space or place where public dances are conducted and shall include any room, hall or auditorium in a building owned by Clubs or Lodges. 3. THE CLOSING HOUR for public dance halls shall be One (1) o'clock A. M. except, with the approval of the City Manager and or Chief of Police, dance halls may be allowed to remain open until 2:00 A. M. on New Year's Eve, Christmas Eve, Valentine's Day, St. Patrick's Day, Easter Monday, Hallow- een, and Armistice Day. Minors under the age of sixteen (16) years shat' not be admitted to a public dance unless ac- companied by a parent or guardian. Persons noticeably under the influence of intoxicating liquor shall not be ad- mitted to such dance halls and if such a person is found therein he or she shall be forthwith ejected therefrom. In- toxicating liquors shall not be served or drunk upon or about any premises where a public dance is being held. Improper, disorderly, indecent or im- moral conduct, language or dancing shall not be permitted and the allowing or continuing of such conduct shall re- f suit in the cancellation or suspension of a dance hall license. 4. A police officer shall be assigned to every public dance and before such dance is given an application for such officer must be made to the City 'slan- ager and the sum of Five Dollars ($5.00) shall be deposited with the License Clerk to defray the expense incident to the furnishing of such police protec- tion and supervision. No money or thing of value shall be paid directly or indi- rectly to the police officer in atter..1- ance upon such dance. Public dance halls shall be so equipped that they can be ventilated by natural or artificial means and must conform to all building :, health and fire regulations of this Pity. Separate toilet facilities must be pro- vided for both sexes which must alwa"s be maintained in a clean and sanitary condition. 5. Whenever an emergency exults, public dance halls may be closed upon an order of the Board of Health oind shall not be opened again until such emergency has passed. No refund shall be allowed upon any license on account of the temporary closing of dance fulls or on account of the revocation or sus- pension of a License and the issuing of the License shall be upon such condi- tion whether provided for in the License or not. 6. EXCEPTION. The foregoing • provisions shall not apply to danw ^.s given by Clubs, Lodges, Associations or Organizations where such dances are limited to the members thereof and their invited guests and or where the profits therefrom are used for chari- table, patriotic, religious or other sim- ilar purposes. 7. THE VIOLATION of any of these provisions shall subject the offender to the penalty herein provided for. 8. PUBLIC DANCE HALL LI- CENSE. The License for a public dance hall having 2,500 square feet of clear floor space or less shall be $15.00 per year. The License for a public dance hall having more than 2,500 square feet of clear floor space shall be $25.00 per year. In addition to the foregoing Li- cense Fee a charge of $5.00 for each public dance shall be exacted to cover the expense of proper police supervision to be furnished by the City. RESTAURANTS, BOARDING HOUSES, ETC. 1. Restaurant shall mean any place where food is cooked, prepared, sold and served for human consumption either upon the premises or not and including eating houses, lunch rooms and similar places. 2. The floors, sidewalks, furniture, ceilings, and sidewalls of restaurants including the kitchens thereof shall be maintained in a clean and sanitary con- dition, free from filth, flies, vermin or other contaminating influences. The cooking and culinery utensils, dishes, trays, linens and other equipment used for preparing, serving, or consuming foods, including the clothing of the waiters and waitresses shall be clean and sanitary. In addition to the tore- going, all Laws of the State of Iowa. Rules of the Department of Agriculture and Ordinances of the City of Dubuque, governing the operation of Restaurants shall be strictly complied with. A venti- lation system shall at all times be in operation so that smoke and offensive odors shall be carried away from the premises and in such a manner as rot to be exhausted upon public streets or into neighboring premises. The Restaur- ant Inspector of the State shall have Special Session, April 18th, 1933 83 charge of the enforcement of this pro- vision of the Ordinance. Refusal to com- ply with the provisions hereof or the violation of the same shall subject ■ he offender to the penalty herein provided for. 3. RESTAURANT LICENSE. The License for a restaurant, boarding house or other eating place shall be $10.00 per year. TEA ROOM, ETC. LICENSE. The License for a restaurant, tea room, cof- fee shop or other eating place which is operated it conjunction with a hotel but in addition to the regular dining roorn, shall be $10.00 per year, but if there be no dining room other than the tea room, coffee shop or restaurant, no License shall be exacted other than the hotel License. SOFT DRINK SALOONS 1. SOFT DRINK SALOONS shall mean any place conducted as a sepa- rate business where any malted or vinous beverage, soft drink (except tea, coffee, milk, chocolate or cocoa) car- bonated beverage, or other beverage or liquor produced, by the process by tvliich beer, ale, porter, or wine is pro- duced, is sold at retail for consumption on the premises. 2. SOFT DRINK SALOONS OR PAR- LORS SHALL REMAIN CLOSED be- tween the hours of Twelve (12) o'clock Midnight and Six (6) o'clock A. M. except that regular employees may be engaged therein during such hours for heating or cleaning the premises. Said business shall be conducted in a single room from or to which there shall be no access to any other room except to a basement which is used for the storage of fuel and heating appartus. There shall be no screens, curtains or other obstructions placed in any windows that are in any manner interfering with a clear view of the interior from the street. Intoxicated persons or per- sons noticeably under the influence of intoxicating liquors shall not be ad- mitted to or be allowed to remain in such places, nor shall such liquors be allowed to be consumed therein. Minors under the age of eighteen (18) years shall not be allowed to loiter, congre- gate or be employed upon such prem- ises nor shall such persons be admitted into such places unless accompanied by a parent or guardian. Toilet facili- ties shall be provided for and these, together with the remainder of the premises, shall be maintained in a sanitary manner. The selling or givirg away of intoxicating beverages in such places of business or the violation of any of the provisions hereof shall sub- ject the offender to the penalty herein provided for and to a cancellation of the license. 3. SOFT DRINK SALOON LICENSE. The License for a soft drink saloon or parlor shall be $25.00 per year. SHOOTING GALLARIES 1. SHOOTING GALLERY LICENSE. The License for shooting galleries shall be $2.00 per day; $5.00 per week; $10.00 per month. SKATING RINKS 1. SKATING RINK LICENSE. The License for roller skating or ice skat- ing rinses operating for profit shall be $2.00 per day; $10.00 per week; $50.00 per year. STREET MERCHANTS 1. Any person, firm or corporation who follows the business of selling pop- corn, candies, confectioneries, soft drinks, newspapers, magazines or other publications on the streets or side - walks, whether in booths, tents, tem- porary buildings, or from a wagon, finesses herein enumerated or wherein any other business requiring a license may be conducted. such laws and reg- ulations shall have full force and effect in addition to the regulations pre scribed herein and it is not the inten- tion of this Ordinance to limit, modify or restrict any such provisions or reg- ulations. Par. 314. MAY EXEMPT CERTAIN PERSONS. Section 6. Disabled soldiers or sailors who have been honorably dis- charged from the United States Service or crippled, disabled or indigent persons may be exempted from the provision of this ordinance providing they file an application with the City Council set- ting forth the grounds on which they request exemption. Par. 315 PENALTY. Section 7. Any person, firm or corporation who vio- lates any provision of this ordinance shall be deemed guilty of a misdemean- or and upon conviction shall be fined not . less than Five Dollars ($5.00) net more than One Hundred Dollars ($100) and in default of such fine and costs shall be imprisoned for a period not exceeding Thirty (30) days in jail. Par. 316. PUBLICATION. Section 7. This ordinance shall be in force and effect ten days from and after its float passage, adoption and approval by the City Council and publication as provid- ed by law. Passed upon first and second readings this 29th day of March, 1933. Passed, adopted and approved upon final reading this 18th day of April. 1933. M. R. KANE, Mayor. ED. McEV OY, ARDENAL THOMPSON, H. F. SCHUCKERT, M. B. ANDELFINGER, Councilmen Attest: J. J. SHEA, City Clerk. Published officially in the Telegraph - Herald and Times - Journal newspaper April 21st, 1933. J. J. SHEA, 4- 21 -1t. City Clerk. Councilman Andelfinger moved the adoption of the ordinance. Second- ed by Councilman Schuckert. Car- ried by the following vote: Yeas -Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson. Nays - -None. Resolution No. 13 -33 A Resolution providing for the correction of certain special assess- ments levied to pay the cost of con- structing a sanitary sewer together with appurtenances thereto in Grand- view Heights Addition Sewer Dis- trict and making a reassessment therefor. WHEREAS, under date of April 3, 1933, this Council adopted a reso- lution levying special assessments upon benefited property to pay the cost of constructing a sanitary sew- er together with the necessary ap- purtenances thereto in the Grand- view Heights Addition Sewer Dis- trict as delimited by Ordinance No. 16 -32; and WHEREAS, it has now been de- Special Session, April 18th, 1933 85 termined that certain of said assess- ments, because of inequalities exist- ing in the distribution of the cost of constructing and installing the sew- er pump and appurtenances thereto are too much in some cases and too little in others in proportion to the benefits conferred upon the proper- ties assessed therefor, and it is deemed advisable to correct such assessments in order to obviate such inequalities; NOW, THEREFORE, Be it resolved by the City Coun- cil of the City of Oubuque: That the special assessments here- tofore levied upon the properties herein described to pay the cost of constructing and installing the sewer pump and the necessary ap- purtenances thereto in said district be and the same are hereby set aside and cancelled and that a re- assessment be ordered made upon the properties herein described and that a new plat and schedule be prepared in accordance herewith and, when made, the same shall be filed in the office of the City Clerk who shall publish a notice thereof in the manner provided by law, the names of the owners, the descrip- tion of the lots and the assessments are as follows: Walter W. and R. Paisley, Lot 2 of 22 Grandview Heights Add. -Di- rect assessment, $52.01; district as- sessment, $68.08; extra expense, $7.56; interest, $1.02; total, $128.67. Walter W. and R. Paisley, Lot 2 of 23 Grandview Heights Add.- Direct assessment, $52.01; district assess- ment, $68.09; extra expense, $7.56; interest, $1.02; total, $128.68. Harold E. Molo, W. 36 feet of Lot 15 Grandview Heights Add.- Direct assessment, $44.24; district assess- ment, $68.08; extra expense, $7.07; interest, $0.94; total, $120.33. Harold E. Mo10, E. 42 feet of Lot 16 Grandview Heights Add.- Direct assessment, $44.24; district assess- ment, $68.08; extra expense, $7.07; interest, $0.94; total, $120.33. Emma Scholz, Lot 24 of Grandview Heights Add. - Direct assessment, $52.01; district assessment, $136.14; extra expense, $11.85; interest, $1.60; total, $201.60. Emma and Catherine Wilmot, Lot 26 of Grandview Heights Add. -Di- rect assessment, $52.01; district as- sessment, $136.14; extra expense, $11.85; interest, $1.60; total,. $201.60. Geo. P. Smith, Lot 29 of Grand- view Heights Add.- Direct assess- ment, $52.02; district assessment, $136.14; extra expense, $11.85; in- terest, $1.60; total, $201.61. 84 Special Session, April 18th, 1933 automobile, truck, push cart, or other- wise or on foot, shall be classed as a street merchant. 2. STREET MERCHANT LICENSE. All persons engaged in the business as outlined above shall pay a license of $2,00 per day; $10.00 per week; $50.00 per year. TAXI CABS AND MOTOR BUSSES 1. TAXI CABS shall mean any motor vehicle, (other than a motor bus traveling over fixed routes under a franchise) which is used for the trans- portation of passengers for hire with or without a driver and where the capacity of such chicle is limited CO less than ten persons. 2. CHAUFFEUR shall mean any per- son who operates an automobile in the transportation of persons and who receives any compensation for such services in wages, commissions or other- wise paid directly or indirectly or who, as owner or employee, operates an automoble carrying passengers for hire. 3. As a condition to the granting of a license to taxi cabs, the person, firm or corporation seeking such license shall file in the office of the City Clerk a Public Liability insurance policy executed by a Surety Company author- ized to do business in the State of Iowa, such policy to be approved by the City Manager. The minimum Lia- bility of such policy shall be as fol- lows: (a) to cover the assured's Lia- bility for personal injury or death of one person, as a result of one accident or other cause, $5,000.00; (b) for all persons receiving personal injuries as a result of one accident or other cause, $15,000.00, such Liability to include in- jury or death to passengers being car- ried upon such vehicles or persons in- jured or killed through the operation of such vehicles; and (c) for damage to or destruction of property other than that of the assured, as a result of any one accident or cause, $5,000.00. Each policy shall contain the follow- ing endorsement: "It is understood and agreed that before she insurance policy to which this endorsement is attached may be suspended or ca :.- celled the City of Dubuque will be given ten (10) days prior written no tic,. of such proposed suspension or can- cellation. It is further understood and agreed that the obligation and policy of such policies shall not be affected by any act or omission of the named assured or any employee of the named assured with respect to any condition or requirement of said policy or any endorsement attached thereto, nor by of any default of the assured in payment premium or in the giving of any notice required uy said policy or other. wise, nor by the death, insolvency, bankruptcy, legal incapacity or inability of the assured." Such policy shall he issued for a period covering the life of the License applied for. Failure to keep such poli- cy in full force and effect shall be cause for revocation of the License. 4. The LICENSE TAG OR PLATE shall be fastened upon the vehicle and shall not be removed until the expiiel- tion of the License period. 5. No taxi cab shall be operated unless it is licensed nor nail any such cab be operated by an unlicensed driver or chauffeur. 6. The provisions herein relating to insurance policies and Licenses shall apply to vehicles rented out without a driver or operator. 7. A License plate issued for ooe vehicle shall not be attached or affixed to any vehicle other than the one ..- tensed. 8. SOLICITING PASSENGERS upon or along the streets by sign or signal shall not be permitted, but nothing herein shall prohihi! the taking on of passengers upon the request of the same. Each taxi cab shall have posted in the passengers compartment the schedule of charges and rates fixed by the Ordinance of this City. 9. The Chief of Police, with the ap- proval of the City Council, may set apart places upon the streets in toe vicinity of depots, hotels or other pla•,es where taxi cabs may stand and where passengers may be solicited but noth- ing herein shall permit such soliciting to be made away from the cab or so as to subject the sidewalks to the annoyance or interference of traffic. Operating an unlicensed taxi cab or permitting a Li- censed taxi cab to be operated by an unlicensed driver or chauffeur or driv- ing a licensed or unlicensed taxi cab without being a licensed chauffeur or violating any of the provisions hereof shall subject the offender to the pen- alty herein provided for. 10. TAXI CAB LICENSE. Motor ve- hicles or taxi cabs having a capacity of ten (10) or less persons shall pay a License of $20.00 per year for each such vehicle. MOTOR BUS LICENSE. Except mo- tor buses operating under a franchise, the License for operating a motor ous or other vehicle used for the. transpor- tation of persons for hire and having a capacity of ten (10) or more persons shall be $25.00 per year for each such vehicle. CHAUFFEUR'S l I C E N S E. Plie chauffeur or driver of such cab sha!1 wear upon his clothing the button or tag issued to him, for which he sha.l pay the sum of $1.50 per year. THEATERS- .. 1. All rules, regulations and require- ments of the Laws of the State of Iowa and the local Building Code relating to theaters, motion picture shows and ex- hibition halls shall be strictly complied with and such regulations are made a part of this ordinance by reference thereto. 2. THEATER LICENSE. The Li- cense for a theater, motion picture theater, opera house, building or nail used for public entertainments, exhibi- tions, shows or concerts having a seat- ing capacity of less than Two Hundred and Fifty (250) shall be $25.00 per year; Theaters or halls, etc., having a seating capacity between Two Hundred and Fifty (250) and Four Hundred (400), $50.00 per year; Theaters or halls, etc., having a seating capacity between Four Hundred (400) and Eight Hundred (800), $75.00 per year; Theaters, halls, etc.. having a seating capacity of over Eight Hundred (800), $100.00 per year. Par. 310. LESSER PERIODS. Sec- tion 2. Any person firm or corporation starting In business after April 1st, for which an annual license is required may apply for and have issued to him a license as provided by Section 5 of Or- dinance No. 3 -33. Par. 311. REPEAL. Section 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Par. 312. SAVING CLAUSE. Section 4. In case any section, clause or pro vision of this ordinance be declared uy a Court of Record to be Invalid, such decision shall not affect the validity of this ordinance as a whole or any part thereof, other than the part so declared to be invalid. Par. 313. GENERAL REGULATION. Section 5, In all cases where the laws of the State of Iowa and -or the local Building Code contains regulations go' "- erning the premises wherein the bus- Attest: Dated this 18th day of April, 1933. M. R. KANE, • Mayor. Attest: J. J. SHEA, City Clerk. You are further notified that prose- cution will follow a failure to comply with this order and notice, or such further action will be taken as to the Council or Board of Health may seem proper. Signed: W. J. CONNELL, Health Officer. Councilman Schuckert moved the adoption of the resolution. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson. Nays —None. There being no further business Councilman Schuckert moved to ad- journ. Seconded by Councilman Thompson. Carried by the following vote.: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson. Nays —None. J. J. SHEA, Clerk, Board of Health. Approved 1933. Adopted 1933. Special Session April 25th, 1933 87 Clerk, Board of Health. CITY COUNCIL (Official) Special Session, April 25th, 1933. Council met at 8:05 P. M. Present- -Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert, Thompson, City Manager Evans. Meeting called by order of Coun- cilmen Thompson and McEvoy. Mayor Kane read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of adopting the ordinance providing for the issu- ance of Class B and Class C beer permits and acting on any other bus- iness as may properly come before a regular meeting of the City Coun- cil. Ordinance No. 5 -33. An Ordin- ance providing for the issuance of Class B and Class C permits, as defined by this Ordinance, for the sale of beer containing not more than three and two tenths (3.2%) per centum of alcohol by weight; prescribing the procedure for the is- suance of such permits and the con- ditions precedent thereto; authoriz- ing the revocation of the same; fix- ing the permit fees and the fund to which the same shall be allocated; prescribing a penalty for the viola- tion hereof; regulating sale and time and place of sale of beer; and de- claring an emergency, having been passed on first and second readings, presented and read a third time. ORDINANCE NO. 5, —33. An Ordinance providing for the is- suance of Class B and Class C permits, as defined by this Ordinance, for the sale of beer containing not more than three and two tenths (3.2 %) per cen- tum of alcohol by weight ; prescribing the procedure for the issuance of such permits and the conditions precedent thereto ; authorizing the revocation of the same ; fixing the permit fees and the fund to which the same shall be al- located , prescribing a penalty for the violation hereof ; regulating sale and time and place of sale of beer ; and de- claring an emergency. Be It Ordained by the City Council of the City of Dubuque: — Par. 317. 'Terms Defined. Section 1. (a) The term "beer" shall mean any liquor capable of being used for bev- erage purposes made by the fermenta- tion of an infusion in potable water of barley, malt and hops, with or without unmalted grains or decorticated and de- germinated grains containing not more than three and two tenths (3.2 %) per centum of alcohol by weight. (b) The term "permit" shall mean an authorization issued by the City Council of the City of Dubuque. (c) The term "application" shall mean a formal written request for the issuance of a permit supported by a verified statement of facts. (d) The term "retailer" shall mean any person who shall sell, barter, ex- change, offer for sale or have in pos- session with intent to sell any beer for 86 Passed, adopted and approved this 18th day of April, 1933. M. R. KANE, Mayor. ED. McEVOY, ARDENAL THOMPSON, H. F. SCHUCKERT, M. B. ANDELFINGER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Schuckert moved the adoption of the resolution. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson. Nays —None. Councilman Schuckert moved that the City of Dubuque aid in the plow- ing of community gardens. Second- ed by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson. Nays —None. Mr. Edw. DeWitt addressed the Council requesting that he be grant- ed a free license to peddle fruit and vegetables. Councilman Andelfinger moved that Mr. Edw. DeWitt be granted a free license to peddle fruit and vege- tables for the ensuing year. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson. Nays —None. There being no further business Councilman McEvoy moved to ad- journ. Seconded by Councilman Thompson. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson. Nays —None. J. J. SHEA, City Clerk. Approved 1933. Adopted 1933. Councilmen: Attest: City Clerk. Special Session, April 18th, 1933 BOARD OF NERLTN Special Session, April 18th, 1933. Board met at 8:25 P. M. Present —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson. Special Order and Notice from Board of Health To Frank Sauer, 620 Strauss Street, Dubuque, Iowa. You are hereby notified that on the 18th day of April, 1933, the Local Board of Health for the City of Du- buque adopted a resolution ordering you to abandon and remove the out- side water closet, privy or privy vault located upon the premises de- scribed therein and to clean the same; also to connect said premises with the sanitary sewer and install sanitary toilet and toilet facilities and connect the same with said sew- er, all of which to be done within thirty (30) days from the date of said resolution, a copy of which is herein set out and is as follows: Resolution No. 14-33 RESOLUTION OF THE BOARD OF HEALTH Be it resolved by the Board of Health of the City of Dubuque, Iowa, that it is deemed necessary that Lot No. 72 Burden - Lawther Addition, owned by Frank Sauer, be connected with sanitary sewer; that the out- side water closet, privy or privy vault upon said premises be aban- doned and removed and said vault cleaned and that a sanitary toilet and toilet facilities be installed and connections made with the sanitary sewer. Be it further resolved that said Frank Sauer be notified to remove and abandon the outside water clos- et, privy or privy vault located up- on the premises above described and to clean said vault; that said prop- erty be connected with the sanitary sewer and that sanitary toilet and toilet facilities be installed and con- nections made with said sewer, all of which to be done within thirty (30) days from the date hereof. Be it further resolved that said Frank Sauer be notified of the ac- tion of this Board by the service of a written notice together with a copy of this resolution. Failure to comply with the terms hereof within the time stated shall be followed by prosecution or such other action as the Council or Board of Health may determine. the bona fide members of such club present at a regular meeting or a a special meeting called to consider the same. Par. 327. Bond for Clubs. Section?' 11. Every club making application for such permit shall furnish a bond w,th :) good and sufficient sureties to he aL -I proved by the City Council conditioned' upon the faithful observance of the; provisions of this Ordinance and the laws of Iowa. Such bond shall be in the sum of Two Thousand ($2,000) Dol- lars. Par. 328. Restrictions on Class Li Permits. Section 12. Na holder of a Class B permit shall keep or maintain any bar or counter over which beer, as herein defined, is sold, provided. however, that such beer may he serv- iced and consumed at restaurants li- censed as such having sufficient tables and chairs • to accommodate twenty -five (25) persons at one time, and at which food is regularly sold for consumption, when such beer is consumed with food sold to said customer for consumption at said time. Par. 329. Inns and Taverns. Section 13. Hotels, inns and taverns holding Class B permits may serve beer, as herein defined, to their guests either In the dining room or rooms or to any guests duly registered at such hotel in the rooms of such guests and such serv- ice for the purpose of this Ordinance shall not be construed as a service r,f beer for consumption off the premise•=. Par. 330. Displays Prohibited. Sec- tion 14. No holder of a permit shall exhibit or display or permit to be ex- h7bited or displayed on the premises any signs or posters containing the words "bar." "bar rooms," "saloon" or words of like import. Par. 331. Location of premises. Sec- tion 15. No permit shall be granted to any person unless the premises occu- pied by such permit holder wherein beer is to be sold, are wholly within the corporate limits of the City of Du- buque. Par. 332. Investigation. Section 10. Before any permits are issued the .2ity Council shall make a thorough investi- gation to determine the fitness of the applicant and the truth of the state- ments made in and accompanying the application,' and its decision on the ap- plication shall be rendered within thirty (30) days after the same is received. Par. 333. Class B Permit Fee. Sec- tion 17. 1. The annual permit fee for Class B permits, except Class B permits is- sued to hotels, inns and taverns, shall be One Hundred ($100) Dollars. 2. The annual permit fee for Cla,,s B permits to be issued to: (a) Hotels, inns and taverns having two hundred fifty (250) guest rooms or more, shall be Two Hundred and Fifty ($250) Dollars. (b) Hotels, inns and taverns having more than one hundred (100) and less than two hundred fifty (250) gue:,t rooms, shall be One Hundred Fifty ($150) Dollars. (c) Hotels, inns and taverns having one hundred (100) guest rooms or less, shell be One Hundred ($1001 Dollars. Par. 334. Class C Permit fee. Sec- tion 18. The permit fee for Class C permits shall be Twenty -five ($25.00) Dollars. Par 335. Records Section 19. Hold- ers of Class B and Class C permits shall keep proper books of account and rec- ords showing each purchase of beer made by him, the date and the amount of each purchase and the name of the Special Session April 25th, 1933 89 person from whom each purchase was made, which books of account and rec- ords shall be at all times open to in- spection by the Treasurer of State of the State of Iowa or his authorized rep- resentative. Par. 336. Separate Permits. Section 20. Every person holding a Class B or Class C permit having more than one place of business wherein beer is sold shall be required to have a sep- arate permit for each separate place of business. Par. 337. Permits Revoked. Section 21. If a permit holder is convicted, of a felony or is convicted of a sale of n- toxicating beverages his permit shall be revoked and lie shall not again be allowed to secure another permit for the distribution or sale of beer, as herein defined, nor shall he be an em- ployee of any person engaged in the sale of beer, as herein defined. Par. 338. Purchases from Class A permit holders only. Section 22. It shall be unlawful for the holders of Class B and Class C permits to purchase beer, as herein defined, from any person other than a person holding a subsist- ing Class A permit, issued as by law provided. Par. 339. Allocation of Revenues. Section 23. All revenues derived from permits issued as herein provided shall be allocated to the General Fund of the City of Dubuque. Par. 340. Sales to Minors. Section 24. It shall be unlawful for any permit holder to furnish to any minor under twenty -one (21) years of age, by gift, sale or otherwise, any beer, as herein defined. Par. 341. Sales Prohibited. Section 26. It shall be unlawful for any permit holder to sell beer, as herein defined to any person between the hours of 12 o'clock Midnight on Saturday night and 7 o'clock of the following Monday morning. Par. 342. Penalty. Section 26. Any person who violates any of the pro- visions of this Ordinance, or who sells beer, as herein defined, without a per- mit, as herein provided, or who makes a false statement concerning any of the material facts in submitting any appli- cation for a permit, or for a renewal of a permit, or in any hearing concern- ing the revocation thereof, shall be punishable by a fine of One Hundred ($100) Dollars or imprisonment of not less than thirty (30) days in jail. Par. 343. Saving Clause. Section 27. If any part of this Ordinance is held invalid by a Court of competent juris- diction. such decision shall not affect the valid portions hereof. Par. 344. Emergency Clause. Section 28. This Ordinance being deemed of im- mediate importance and in the interest of the public peace, safety, morals and general welfare, shall be in force and effect from and after its final passage, adoption and approval by the - City Council and publication as provided by law. Passed upon first and second readings this 18th day of April, 1933. Passed, adopted and approved on firal reading this 25th day of April, 1933. M. R. KANE, Mayor. ED: MoRVOY, ARDENAL THOMPSON, H. F. SCHUCKERT, M. B. ANDELFINGER, Councilmen. Attest: J. J. SHEA, City Clerk. Published officially in the Telegraph - Herald and Times - Journal newspaper, April 26th, 1933. .1. J. SHEA, 4- 26 -1t. City Clerk. 88 Special Session April 25th, 1933 consumption on the premises where sold. (e) The term "dealer" shall mean any person, firm or corporation, other than a brewer, bottler, wholesaler or retailer, who shall sell, barter, exchange, offer for sale, have in possession with intent to sell, deal or traffic in beer not to be consumed in or upon the premises where sold. (f) The term "Class B Permit" shall mean a permit to sell beer for consump- tion on or off the premises where sold. (g) The term "Class C Permit" shall mean a permit to sell beer for consump- tion off the premises where sold. (h) The term "person" shall include corporation, firm, co- partnership and as- sociation. Par. 318. Expiration of Permits. Section 2. All permits issued pursuant hereto shall expire at the end of one year from the date of issuance, and may be renewed for a like period upon application being made therefor to the City Council. Par. 319. To Whom Issued. Section 3. Permits for the sale of beer shall be issued only to persons who are citi- zens of the State of Iowa, and who are of good moral character and repute. Par 320. Interest in more than one class of permit not allowed. Section 4. No person or persons shall be interest- ed, directly or indirectly, in more than one class of permit. Par. 321. Conditions for issuance of Class B permits. Section 5. Class B permits shall be issued by the City Council to any person who: - 1. Submits a written application for a permit, which application shall state under oath:- (a) The name and place of residence of the applicant, and the length of time he has lived at such place. (b) That he is a citizen of the State of Iowa. (c) The place of birth, and if the ap- plicant is a naturalized citizen, the time and place of such naturalization. (d) The location of the place or build- ing where applicant intends to operate. (e) The name of the owner of the building and, if such owner is not the applicant, that such applicant is the actual lessee of the premises. 2. Establishes to the satisfaction of the City Council: - (a) That he is a person of good moral character. (b) That the place or building he in- tends to operate conforms to all laws, health and fire regulations applicable thereto, and is a safe and proper place or building. 3. Furnishes a bond in prescribed form with good and sufficient sureties to be approved by the City Council, conditioned upon the faithful observ- ance of this Ordinance and the laws of the State of Iowa, in the sum of Two Thousand ($2,000) Dollars. Par. 322. Conditions for issuance of Class C permits. Section 6. Class- C permits shall be issued by the City Council to any person who: - 1. Submits a written application for a permit, which application shall state under oath: - (a) The name and place of residence of the applicant and the length of time he has lived at such place. (b) That he is a citizen of the State of Iowa. (c) The place of birth of the applicant and, if the applicant is a naturalized citizen, the time and place of such naturalization. (d) The location of the place or build- ing where the applicant intends to operate. (e) The name of the owner of the building and if such owner is not the applicant that such applicant is the actual lessee of the premises. 2. Establishes to the satisfaction of the City Council: - (a) That he is a person of good moral character. (b) That the place or building where he intends to operate conforms to all laws, health and fire regulations ap- plicable thereto and is a safe and proper place or building. 3. Furnishes a bond in prescribed form with good and sufficient sureties to be approved by the City Council conditioned upon the faithful observ- ance of this Ordinance and the laws of Iowa, in the sum of One Thousand ($1,000) Dollars. Par. 323. Sales under Class B per- mits. Section 7. Any person to whom a Class B permit has been issued, as herein provided, shall be authorized to sell beer, as herein defined, for con- sumption on or off the premises where sold, provided, that if a sale is made for consumption off the premises the holder of the permit shall sell not less than one hundred forty -four (144 oz.) ounces to any one purchaser. Par. 324. Sales under Class C per- mits. Section 8. Any person to whom a Class C permit has been issued, as herein provided, shall be allowed to sell not less than one hundred forty -four (144 oz.) ounces of beer, as herein de- fined, for consumption off the premises, provided, however, that such sales when made shall 'be in original sealed pack- ages only and unrefrigerated. Par. 325. Class B permits to Clubs. Section 9. Class B permits, upon proper application, shall be issued to a Club for the sale of beer, as herein defined, for consumption on the premises, pro- vided, however, that no permit shall be issued: (a) If the premises occupied by such Club are not wholly within the limits of the City of Dubuque. (b) If it is a proprietory club, or operated for pecuniary profit. (c) Unless it is incorporated under the laws of the State of Iowa, and its charter is in full force and effect. (d) Unless such club has a perma- nent local membership of not less than fifty (50) adult members. (e) Unless the application for such permit is approved by a majority of the bona fide members of such club who are present at a regular meeting, or a special meeting called to consider the same. (f) Unless it was in operation as a club on the first day of January, 1933, or, being thereafter formed, was in continuous operation as a club for at least two (2) years immediately prior to the date of its application for a Class B permit. Par. 326. Same. Section 10. Every club desiring a Class B permit shall make a written application therefor, executed by its president and attested by its secretary, or other similar of- ficers performing the duties usually per- formed by a president or secretary which application shall state under oath: - (a) The name of the club and the location of the premises occupied by it. (b) The names of the officers of said club. (c) That the premises occupied by said club are wholly within the cor- porate limits of the City of Dubuque. (d) The purposes for which such 'club was formed and is maintained and the number of bona fide members there- of regularly paying dues. (e) That the application for such permit was approved by a majority of Passed, adopted and approved this 25th day of April, 1933. M. R. KANE, Mayor. ED. McEVOY, ARDENAL THOMPSON, H. F. SCHUCKERT, M. B. ANDELFINGER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the resolution. Second- ed by Councilman McEvoy. Car- ried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson. Nays —None. Petition of George Hail requesting that he be granted permission to transfer his Class B permit for the sale of beer from 1147 Central Ave- nue to 1329 Central Avenue present- ed and read. Councilman McEvoy moved to grant the prayer of the petition. Seconded by Councilman Thompson. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert, Thompson. Nays —None. Petition of M. 0. Rosenthal et al requesting that the Alley located on Julien Avenue between Wilson and Alta Vista Streets be repaired and made passable for motorists and ve- hicles presented and read. Councilman Schuckert moved to refer the petition to the City Man- ager. Seconded by Councilman Mc- Evoy. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert, Thompson. Nays —None. Petition of American Legion Aux- iliary, with attached report of the welfare fund, requesting permission to hold annual Poppy Sale on May 27th, 1933, presented and read. Councilman Andelfinger moved that the prayer of the petition be granted. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert, Thompson. Nays —None. Petition of Zehenter 'Fruit Co. et al, protesting against the granting of free licenses for the peddling, of fruit and vegetables, presented and read. Councilman Thompson moved to refer the petition to the City Coun- cil. Seconded by Councilman Mc- Evoy. Carried by the following vote: Yeas — Mayor Kane, Councilmen Special Session April 25th, 1933 Andelfinger, McEvoy, Schuckert, Thompson. - Nays —None. Power of Attorney from the Saint Paul Mercury Indemnity Company of Saint Paul, Minn., appointing Philo B. Lange and Harvey M. Lange to sign individually and permit bond not exceeding in penalty the sum of $5,000.00, presented and read. Councilman McEvoy moved that the Power of Attorney be made a matter of record. Seconded by Councilman Thompson. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert, Thompson. Nays —None. Petition of Kretschmer Insurance Agency et al requesting that a left - hand turn be allowed on 'green sig- nal on Eighth and Locust Streets presented and read. Councilman Thompson moved to refer the petition to the City Coun- cil. Seconded by Councilman Mc- Evoy. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert, Thompson. Nays —None. Original Notice of Suit of Rose Sauer vs. City of Dubuque in the sum of $7,500.00 on account of in- juries sustained in slipping, and fall- ing on Eighth Street at the inter- section of Main Street presented and read. Councilman Schuckert moved to refer the Notice of Suit to the City Solicitor. Seconded by Councilman Andelfinger. Carried by the follow- ing vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert, Thompson. Nays —None. Report of Board of Health for the month of March, 1933, presented. Councilman Schuckert moved that the report of the Board of Health be received and placed on file. Second- ed by Councilman Andelfinger. Car- ried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert, Thompson. Nays —None. April 25th, 1933. To the Honorable Mayor and City Council: The above petition referred to the City Assessor at the Council meet- ing for April 18th, 1933, I beg to report and recommend that an agri- cultural claim on "E. Young's Place" be allowed for the year 1932. Respectfully submitted, CLEM MANEMAN, Deputy City Assessor. 90 Special Session April 25th, 1933 Councilman Andelfinger moved the adoption of the ordinance. Second- ed by Councilman Schuckert. Car- ried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson. Nays —None. Resolution No. 15 -33 I A Resolution approving applica- tions for the sale of beer and au- thorizing the issuance of permits. WHEREAS, the City Council of the City of Dubuque has examined the applications which have been filed for permits for the sale of beer within the City of Dubuque and has approved such applications as apply to the persons herein named at the locations described herein: NOW, THEREFORE, BE IT RESOLVED by said Coun- cil, that permits for the sale of beer within the City of Dubuque be and the same are hereby authorized and ordered issued, as follows: Class "B" Permits Wm. A. Schaffhauser (St. George Hotel), 576 Central Avenue. Anton T. Van Driel, 1487 Central Avenue. M. Berwick, 400 Iowa Street. Clarence C. Buelow, 1555 So. Grand- view Ave. H. D. King and Marie Werner, (K. & W. Confectionery), 2372 Central Avenue. Mrs. Anna Quinlan, (Quinlan's Cafe), 305 West 8th Street. Robert D. Hughes, (Central Hotel), 1006 Central Avenue. A. G. Jaeger, 1379 -81 Central Avenue. Nic Kintzinger, 585 Main Street. K. J. Page, (Page Hotel), 73 -75 East 4th Street. Adolph A. Kochendorfer, 698 Central Avenue. M. C. Mai, 438 Main Street. A. J. Eisenegger, (Maid Rite Sand- wich Shop), 155 West 11th Street. Fred L. Meighan, 310 Main Street. Peter Specht and A. J. Vogler, 2216 Central Avenue. Francis X. Theis, 604 Locust Street. Roshek Bros., 8th and Locust Streets. O'Neil, Wm. E., 815 Main Street. Wm. Horne, 400 Rhomberg Avenue. E. A. Buse, 1618 Central Avenue. Wm. Nelson, 2400 Central Avenue. Frank H. Berntgen, 2186 Central Avenue. A. J. Ender, 1703 Maple Street. Frank J. Weber and Ed. A. Link, 189 Locust Street. Wm. Savery, 827 Dodge Street. Chas. K. Petrakis, 1958 Central Avenue. George Hail, 1147 Central Avenue. Wm. J. Casey, 1046 Central Avenue. Theodore Anthony, (Anthony's Food Shop), 1179 Iowa Street. Chas. 0. Pape, 2605 Rhomberg Av- enue. Tim O'Regan and Frank R. Gregory, 1105 Julien Avenue. Anna Heim, 3201 Central Avenue. E. P. Kretz, (Kretz Cafeteria), 498 Main Street. Joseph C. Schneider, 2900 Central Avenue. Diamond's Grille, 900 Main Street. Roy Fox, 250 W. 1st St. ' John J. 'Grommersch, 55 E. 7th Street. Wm. E. Briggs, 1091 White Street. Frank McLaughlin, 115 E. 22nd Street. Ed. Malloy, 880 Iowa Street. L. A. Rhomberg, 112 W. 4th Street. John Stemm, 1298 Main Street. W. E. Klauer, (Hotel Julien Du- buque), 2nd and Main Streets. Dominick Gala, 2408 Central Avenue. Charles J. Abraham, 625 Main Street. Hartig Drug Co., Inc., 756 Main Street. John D. Flynn, 450 West Locust Street. Eagles Building Association, 6th and Locust Streets. B. P. 0. E. No. 297, 7th and Locust Streets. Elsa Hurst, 314 Main Street. Andy Poulos, 823 Main Street. Alois Glab, 2991 Central Avenue. Joseph Hennig, 509 West 8th Street. Karrigan & Koliopolus, 720 Main Street. Karrigan & Koliopolus, 493 Main Street. Gerdes & Machinek, 1399 Jackson Street. M. J. Ludwig, 1545 So. Grandview Avenue. M. C. Lynn, 408 W. Locust Street. Leiser & Kress, 1348 Central Avenue. Class "C" Permits Reuter Grocery, 2616 Windsor Av- enue. Harry C. Milligan, 1106 Julien Av- enue. Jacob J. Schwietering, 1079 Main Street. A. B. Cramer, 3165 Central Avenue. A. J. Hueke]s, (The Family Beer Store), 1583 Central Avenue. V. J. Hogan, (Thompson & Hogan), 55 Locust Street. The Great Atlantic & Pacific Tea Co., 784 Main Street. Joseph J. Sullivan, 800 West 5th Street. Bennie Sherman, 1032 Main Street. Thompson. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert, Thompson. Nays —None. Resolution No. 16-33. 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: — Dominick Gala, 2408 Central Ave. Joseph A. Hennig (The Hillside Tavern), 509 West 8th St. John Stemm (Stemm's Luncheon- ette and Confectionery), 1298 Main St. Passed, adopted and approved this 25th day of April, 1933. M. R. KANE, Special Session April 25th, 1933 Mayor. ED. McEVOY, ARDENAL THOMPSON, H. F. SCHUCKERT, M. B. ANDELFINGER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Schuckert moved the adoption of the resolution. Second- ed by Councilman Andelfinger. Car- ried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert, Thompson. Nays —None. Resolution No. 17 -33. Whereas the Council of the City of Dubuque desires to encourage clean and wholesome athletic sports and exhibitions within this City and believes that such purpose will be best promoted by granting the exclu- sive use of the Municipal Athletic Field to H. A. Engel for the outdoor season of 1933 for the holding of wrestling and boxing exhibitions, re- serving, however, to said Council complete control over said prem- ises: Now, Therefor, Be it Resolved by said Council that the Contract and Agreement hereto attached be and the same is hereby approved and or- dered placed on file in the office of the City Clerk for public inspection for at least one week, as also this Resolution. Be it further Resolved that the Mayor and the Clerk are hereby di- rected to execute said contract for and on behalf of said City. Introduced and ordered placed on file this 25th day of April, 1933. The Contract and this Resolution was passed, adopted and approved this day of May, 1933. Councilmen Attest: City Clerk. Councilman Andelfinger moved that the resolution be approved and placed on file for one week. Second- ed by Councilman Schuckert. Car- ried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert, Thompson. Nays —None. Verbal report of City Manager Evans recommending that the con- tract for the furnishing of 1% inch bullet proof glass to be installed on movable windshields for three Pol- ice Cars be awarded to Midwest - Timmerman Co., as their bid is the lowest bid received, presented. Councilman McEvoy moved that the recommendation of City , Man- ager Evans be approved. Seconded by Councilman Thompson. Carried by the following vote: • Yeas— Mayor, Kane, Councilmen Andelfinger, McEvoy, Schuckert, Thompson. Nays —None. There being no further business, Councilman Schuckert moved to ad- journ. Seconded by Councilman Andelfinger. Carried by the follow- ing vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert, Thompson. Nays —None. Approved 1933. Adopted Attest: 1933. J. J. SHEA, City Clerk. City Clerk. 92 Special Session April 25th, 1933 Councilman Thompson moved that the recommendation of the Deputy City Assessor be approved and the Board of Supervisors to be notified of the action of the City Council. Seconded by Councilman McEvoy. Carried by the following report: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert, Thompson. Nays —None, April 25, 1933. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that at an informal meeting held April 24th, the City Council approved the recommendation of the City Man- ager that the Building Inspector, Mr. C. F. Bartels, be changed from one -half to three - quarters time, effec- tive April 24th, in order to attempt to catch up with the work delayed in this department and to give re- quired service and to continue for such length of time as is needed. Any deficit in the salary classifica- tion of the Building Inspector shall be taken from the surplus in the Consolidated Fund as shown in the budget. Yours very truly, R. M. EVANS, City Manager. Councilman McEvoy moved that the communication of City Manager Evans be made a matter of record. Seconded by Councilman Thompson. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert, Thompson. Nays —None. April 25, 1933. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At an informal meet- ing held April 24th, Council was ad- vised of the death of Mr. R. D. Mul- len, a member of the City Plumb- ers' Examining Board. Council ex- pressed their sincere regrets at the death of this distinguished citizen. To fill the vacancy that exists on the City Plumbers' Examining Board, Mr. R. J. Burke was appointed. Yours very truly, R. M. EVANS, City Manager. Councilman Schuckert moved that the recommendation of City Man- ager Evans be approved. Seconded by Councilman Thompson. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert, Thompson. Nays —None. April 25, 1933. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The application of Mr. John Schuster to erect a single car garage 12 ft. x 18 ft. at the rear of 376 South Grandview Avenue was presented to Council April 18th and referred to the City Manager for report. Accordingly, on the 24th of April information was presented to Coun- cil at an informal session and ap- proval for the erection of this gar- age was granted. Yours very truly, R. M. EVANS, City Manager. Councilman Thompson moved that the communication of City Man- ager Evans be made a matter of record. Seconded by Councilman Andelfinger. Carried by the follow- ing vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert, Thompson. Nays —None. April 25, 1933. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At an informal meeting held April 24th Mrs. Betty Lee, Dubuque, per- sonally presented the request to be allowed to operate a frame lunch stand on wheels to be located on the west side of Central Avenue, the second lot south of 9th street. The majority of the Councilmen voted in favor of this temporary location, which was granted until July 31, 1933. Attached is an agreement signed by Mrs. Lee today, agreeing that if a permit is officially granted, that she will remove this frame lunch wagon on wheels by July 31, 1933. Yours very truly, R. M. EVANS, City Manager. Councilman Andelfinger moved that the request of Mrs. Betty Lee be granted. Seconded by Council- man McEvoy. Carried by the follow- ing vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert, Thompson. Nays —None. April 20, 1933. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I am submitting here- with reports of the City Auditor, City Treasurer and the Recreation Department for the fiscal year begin- ning April 1, 1932, and ending March 31, 1933. Yours very rtuly, R. M. EVANS, City Manager. Councilman Schuckert moved that the reports be received and placed on file. Seconded by Councilman CITY COUNCIL (Official) Special Session, April 27th, 1933. Council met at 4:50 P. M. Present —Mayor Kane, Councilmen Andelfinger, Schuckert, Thompson, City Manager Evans. Absent — Councilmen McEvoy. Meeting called by order of Mayor Kane and Councilman Thompson. Mayor Kane read the call and stat- ed that service thereof had been duly made and that this meeting is called for the purpose of adopting a resolution approving application for the sale of beer and authorizing the issuance of permits and acting on any other business as may prop- erly come before a regular meeting of the City Council. Resolution No. 19 -33 A Resolution approving applica- tions for the sale of beer and author- izing the issuance of permits. WHEREAS, the City Council of the City of Dubuque has examined the applications which have been filed for permits for the sale of beer within the City of Dubuque and has approved such applications as apply to the persons herein named at the locations described herein. NOW, THEREFORE, BE IT RESOLVED by said Coun- cil, that permits for the sale of beer within the City of Dubuque be and the same are hereby authorized and ordered issued, as follows: Class "B" Permits Frank Magino, 2403 Central Ave. Daniel Kennedy, 1563 Central Ave. George Stavros, 1564 Central Ave. Arthur Kleeman, 1575 Central Ave. M. J. Steiner, 160 West 4th St. Class "C" Permits Henry Jenni, 1296 Main St. Passed, adopted and approved this 27th day of April, 1933. M. R. KANE, Mayor. M. B. ANDELFINGER, H. F. SCHUCKERT, ARDENAL THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Andelfinger moved the adoption of the resolution. Second- ed by Councilman Schuckert. Car- ried by the following vote: Yes —Mayor Kane, Councilmen Andelfinger, Schuckert, Thompson. Nays —None. Absent — Councilman McEvoy. Resolution No. 20 -33 Be it Resolved by the City Council of the City of Dubuque that the Jul- Special Session April 27th, 1933 95 ien Candy Kitchen, Gust Paul, pro- prietor, 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. Passed, adopted and approved this 27th day of April, 1933. M. R. KANE, Mayor. M. B. ANDELFINGER, H. F.. SCHUCKERT, ARDENAL THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Andelfinger moved the adoption of the resolution. Second- ed by Councilman Schuckert. Car- ried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, Schuckert, Thompson. Nays —None. Absent— Councilman McEvoy. There being no further business Councilman Andelfinger moved to adjourn. Seconded by Councilman Schuckert. Carried by the follow- ing vote: Yeas —Mayor Kane, Councilmen Andelfinger, Schuckert, Thompson. Nays —None. Absent — Councilman McEvoy. J. J. SHEA, City Clerk. Approved 1933. Adopted 1933. Councilmen j Attest: City Clerk. 94 Special Session April 26th, 1933 CITY COUNCIL (Official) Special Session, April 26th, 1933. Council met at 4:45 P. M. Present —Mayor Kane, Council- men Andelfinger and Schuckert, City Manager Evans. Absent — Councilmen McEvoy and Thompson. Meeting called by order of Mayor Kane and Councilman Andelfinger. Mayor Kane read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of adopting a resolution approving applications for the sale of beer and authorizing the issuance of permits and acting on any other business as may prop- erly come before a regular meeting of the City Council. Resolution No. 18 -33. A Resolution approving applica- tions for the sale of beer and auth- orizing the issuance of permits. Whereas, the City Council of the City of Dubuque has examined the applications which have been filed for permits for the sale of beer within the City of Dubuque and has approved such applications as apply to the persons herein named at the locations described herein: Now, Therefore, Be, it Resolved by said Council, that permits for the sale of beer within the City of Dubuque be and the same are hereby authorized and ordered issued, as follows: Class "B" Permits Name Location Thomas F. McCoy 800 Iowa St. Mary E. Callaghan and Florence Mackin (The Calamac)......850 Main Rudolph Lock 1766 Central Ave. Millard Poquette 390 Main St. John Mayerle 400 Central Ave. John Muntz (Muntz Cafe) ...926 Main Wm. Maas 700 East 16th St. Anton Fortmann 253 Main St. Edward Lyons 630 Main St. George Mossos 1689 Elm St. Gust Paul 241 Main St. Class "C" Permit Louis Gloden 731 Central Ave. Passed, adopted and approved this 26th day of April, 1933. M R KANE, Mayor. M. B. ANDELFINGER, H. F. SCHUCKERT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Andelfinger moved the adoption of the resolution. Second- ed by Councilman Schuckert. Car- ried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger and Schuckert. Nays —None. Absent — Councilmen McEvoy and Thompson. There being no further business Councilman Schuckert moved to ad- journ. Seconded by Councilman An- delfinger. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger and Schuckert. Nays —None. Absent — Councilmen McEvoy and Thompson. J. J. SHEA, City Clerk. Approved 1933. Adopted 1933. Councilmen Attest: City Clerk.