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1933 December Council ProceedingsRegular Session, December 4th, 1933 287 CITY COUNCIL (Official) Regular Session, December 4th, 1933. Council met at 8:05 P. M. Present —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert, Thompson, City Manager Evans. Mayor Kane stated that this is the regular monthly meeting of the City Council for the purpose of act- ing upon such business as. may pro- perly come before the meeting. Petition of Retail Merchants Bu- reau requesting permission to erect Christmas decorations in the form of electric lights at street intersec- tions from Fourth Street to Eleventh Street inclusive on Main Street and from Iowa Street to Bluff Street in- clusive on Eighth Street the decor- ations to remain until after January 1st 1934, presented and read. Councilman Andelfinger moved that the prayer of the petition be granted. Seconded by Councilman McEvoy. Carried by the following vote: Yeas — Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson. Nays —None. Petition of F. B. Turner request- ing permission to redeem the tax sale certificates held by the City of Dubuque against Lot 3 of City Lot 740 upon the payment of the prin- cipal plus a fair rate of interest, the City to waive the penalty, pre- sented and read. Councilman McEvoy moved that the prayer of the petition be grant- ed for the redemption of the tax sale certificates upon the payment of the face value of the certificates plus 5% interest from the date of sale and the City Treasurer instruct- ed accordingly. Seconded by Coun- cilman Schuckert. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson. Nays —None. Petition of National Reemployment Office requesting the City to order the installation of another trunk tele- phone line for use in the office of the National : Reemployment Office, presented and read. Councilman Andelfinger moved that the prayer of the petition be granted. Seconded by Councilman Thompson. ' Carried by the follow- ing vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson. Nays - -None. Petition of W. A. Garver, referred to the City Council by the Board of Supervisors, requesting the cancella- tion of the 1931 and 1932 taxes on Lot 6 of O'Neill's Sub. No. 3, pre- sented 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 Nick Rhomberg, re- ferred to the City Council by the Board of Supervisors, requesting the suspension of the 2nd half of the 1932 taxes on Lot 89 of Belmont Addition, presented and read. Councilman Thompson moved to refer the petition to the City Solicit- 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 A. F. Utzig, referred to the City Council by the Board of Supervisors, requesting the sus- pension of the 2nd half of the 1932 taxes on South 1 / z of Lot 148 and South 1 foot of North 1 / z of Lot 148 East Dubuque Addition, 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 Mrs. Tim Flynn, refer- red to the City Council by the Board of Supervisors, requesting the su- spension of the 1932 taxes on Lot 2 of City Lot 567 presented and read. Councilman Thompson moved to re- fer the petition to the City Solici- tor for investigation and report. Sec- onded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert, Thompson. Nays —None Application of Mrs. Anna Kirk-, patrick requesting a transfer of her Class B beer permit from 457% West Eighth Street to 457 West Eighth Street presented and read, Councilman Schuckert moved that the request be granted. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Kane, Councilmen 288 Regular Session, Andelfinger, McEvoy, Schuckert and Thompson. Nays —None. Resolution by the Dubuque City Planning and Zoning Commission Whereas, it is now proposed by the Dock Commission of the City of Dubuque to erect a Dry Dock at the north side of the harbor, west of the Dubuque Boat and Boiler Com- pany property on the Mississippi River; and Whereas, said Dry Dock location is consistent with the industrial de- velopment contemplated by the City Master Plan; and Whereas, the approval of the Du- buque Planning and Zoning Commis- sion is desired; Now, Therefore, Be It Resolved that the same is hereby approved. Passed and adopted by the Plan- ning and Zoning Commission of the City of Dubuque, Iowa, this 24th day of November, 1933. DUBUQUE PLANNING AND ZONING COMMISION By John M. Wolfe, Chairman Richard V. McKay, Secretary Councilman Thompson moved that the resolution be made a matter of record. Seconded by Councilman Mc- Evoy. Carried by the following vote: Yeas — Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson. Nays— None. Resolution No. 134-33 Whereas, the Federal Administra- tion of Public Works in Washington, D. C., now requires that every ap- plication for loan or grant be ac- companied by a certified copy of a Resolution by the City Council auth- orizing said application; and Whereas, by City Council action of July 10, 1933, authority was grant- ed for the preparation of plans and specifications and the making of ap- plications for a program of public improvements within the City of Du- buque, Iowa, to the Administration of Public Works; and Whereas, the new Public Graving Dry Dock, to be located on the ice harbor comes under such program; and Whereas, application has been pre- pared by the Department of Public Docks through which Commission- ers under resolution adopted on Nov- ember 20, 1933, requesting a grant of $24,000.00 and a loan of $56,000.00 to cover the cost of constructing said dry dock; and Whereas, we are of the opinion that the construction of such a dock would further the interests of the public in general: Now, therefore, Be it resolved by the City Council December 4th, 1933 of Dubuque, Iowa, that the applica- tion for The New Public Graving Dry Dock for a 30% grant for labor and material to be used thereon, and a 70% loan, be, and is hereby author- ized by the City Council of Dubuque, Iowa. Be it further resolved' that the City Clerk is hereby directed to certify and send to the Public Works Engineer for Iowa, four (4) copies of this resolution. Passed, adopted and approved this 4th day of December 1933. M. R. KANE Mayor ED. McEVOY, ARDENAL THOMPSON H. F. SCHUCKERT M. B. ANDELFINGER Councilmen Attest: J. J. SHEA City Clerk Councilman Andelfinger moved the adoption of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert, Thompson. Nays —None. December 4, 1933 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have approved the following poli- cies and bond covering signs and desire to have your approval on same for filing: Charles Gross 1722 Central Ave- nue Policy No. 9511 Employers Mu- tual Casualty Co. Crescent Sweet Shop (L. J. Kno- ckel) 1048 Main Street, Policy No. 9526, Employers Mutual Casualty Co. T. E. Scharle, 527 Garfield Ave- nue, Policy No. 9510, Employers Mutual Casualty Co. E. Katz, 599 Main Street, Policy No. YR 4180 London Guarantee & Accident Co. Roma Cafe (Frank Tortella) 926 Main Street, Policy No. C.L.L.2299, Columbia Casualty Co. Roehl- Phillips Furniture Co. 653 Main Street, Policy No. IHP 7446599, The Travelers Ins. Co. Hartig Drug Co., 2510 Central Ave- nue & 97 Locust Street, Policy No. IP 1854, The Fidelity & Casualty Co. Walgreen Co., 813 Main Street, Policy No. P 87471, The Fidelity & Casualty Co. Rainbo 011 Co., All signs in City of Dubuque, Policy No. OLT 219507, U. S. Fidelity & Guaranty Co. The Radio Shop (H. G. Jenness) 335 West 8th Street, Indemnity Ins. Co. of North America. Regular Session, December 4th, 1933 289 John Ryder Properties at 303 Main Street, Shoe Store, 303 -309 Main Street, Soft Drink Parlor, 309 Main Street, Barber Shop, 323 Main Street, Majestic Annex Hotel, Policy No. G. L. 290998, Hartford Accident & Indemnity Co. Yours very truly, R. M. EVANS City Manager Councilman Schuckert moved that the policies and bond be approved and placed on file. Seconded by Councilman. Thompson. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert, Thompson. Nays —None. December 4, 1933 CERTIFICATE OF CITY MANAGER To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The undersigned here- by certifies that the contract for the resurfacing of W 17th Street from Central Avenue to Locust Street, the James F. Lee Paving Company, con- tractors has been completed. I further certify that this work has been done in accordance with the plans and specifications and stipulations of the contract and I would thereby recommend its ac- ceptance by the Council. Yours very truly, R. M. EVANS, City Manager. Resolution No. 135 -33. A resolution accepting 'improve- ment and directing the Clerk to pub- lish notice of the levy of special assessment for the resurfacing of West Seventeenth Street from the west property line of Central Ave- nue to the east property line of West Locust Street presented and read. Councilman Schuckert moved the adoption of the resolution. Sec - onded by • Councilman Andelfinger. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert, Thompson. Nays —None. December 4. 1933 CERTIFICATE OF CITY MANAGER To the Honorable Mayor and City Council. Dubuque, Iowa. Gentlemen: The undersigned here- by certifies that the contract for the repaving of Main Street from the north property line of Charter Street to the south property line of Jones Street, designated Section No. 1, Main Street, the James F. Lee Paving Company, contractors, has been completed. I further certify that this work has been done in accordance with the plans and specifications and stipulations of the contract and I would therefore recommend its ac- ceptance by the Council. Yours very truly, R. M. EVANS City Manager. Resolution No. 136 -33 A resolution accepting improve- ment and directing the Clerk to publish notice of the levy of special assessment for the paving of Main Street and South Main Street from the north property line of Charter Street to the south property line of _ Jones Street, Section No. 1, present- ed and read. Councilman McEvoy moved the adoption of the resolu- tion. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert, Thompson. Nays —None. Resolution No. 137 -33 OF CITY COUNCIL, CITY OF DUBUQUE, IOWA Whereas, the Federal Administra- tion, under the Bureau of Aeronau- tics, Department of Commerce, Washington, D. C., and under the Civil Works Administration, has ad- vised the City Council of Dubuque, Iowa, that the Federal Government is prepared to furnish Federal funds as an outright grant to provide lab- or to build a publicly owned Air- port at Dubuque, Iowa, and possibly material for said Airport up to 10% of the amount expended for labor; and Whereas, by Chapter 303 -C1 of the 1931 Code of Iowa, cities are authorized and empowered to ac- quire real estate for Airport pur- poses by purchase, gift, condemna- tion, lease or otherwise and are authorized and empowered to make necessary improvements for the pur- pose of 'adapting such property to the use of aerial traffic; and Whereas, after an exhaustive study by experts, the north central portion of Ham's Island offers the only available and suitable site with- in the City Limits and within 7% miles outside the City Limits for an Airport Location; Now, There- fore, Be it resolved by the City Coun- cil of Dubuque, Iowa that an applica- tion for Federal Funds for the de- velopment of Ham's Island be and is hereby authorized to be made by the Mayor of the City of Dubuque, Iowa, and that authority be and is hereby granted for the Mayor of the City of Dubuque to proceed to acquire sufficient real estate to es- tablish a Municipal Airport of suf- 290 Regular Session, December 4th, 1933 ficient area, so that when developed, said Airport can be properly rated by the Department of Commerce. The required said real estate is of legal description as follows: Entire portion of: Mineral Lot 298, including 13.45 Acres. Mineral Lot 299, including 25.00 Acres. Mineral Lot 300, including 124.00 Acres. Total Acreage 162.45 Acres. Mineral Lot 300 is within the southeast quarter of Section 18 and a portion of the southwest quarter of Section 18. Mineral Lot 298 is all within the northeast quarter of Section 19, Mineral Lot 299, is par- tially within the northeast quarter of Section 19 and partially within the northwest quarter of Section 19. Mineral Lots 298, 299, and 300 are all within Township 89, north, Range 3, east of the 5th Principal Meridian. Passed, adopted and approved this 4th day of December, 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 foregoing resolu- tion. Seconded by Councilman Mc- Evoy. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert, Thompson. Nays —None. Resolution No. 138 -33 OF CITY COUNCIL OF DUBUQUE, IOWA Whereas, on December 4, 1933, representatives of the District Unit- ed States Engineer's Office at Rock Island Illinois, made request for the use of the alley first east of Rhoin- berg Avenue from Lincoln Avenue to Kimball Street and that portion of Kimball Street, which is unopen- ed at present, east of the west line of said alley to the river, for the purpose of opening, grading and im- proving said alley and Kimball Street in order to haul materials to the location of the new Lock site known and designed as "Lock and Dam No. 11," and for future use as a highway to gain access to said Lock site; and Whereas, said alley north of Lin- coln Avenue to Kimball Street is at present an open and used thor- oughfare; and Whereas, Kimball Street east of the west line of said alley to the river is designated as a City Street; and Whereas, the fee simple title to both the above described alley and Kimball Street is now vested in the City of Dubuque and the same alley and street have never been vacated by said City: Now, Therefore, Be it resolved by City Council that permission is hereby granted to the United States Government to improve said alley and Kimball Street, as above designated, at their expense in order to provide im- mediate employment • for men and to facilitate the proper roadway for hauling materials to the new Lock location and that future use of said alley and Kimball Street are here- by granted as a means of access to the location of Lock No. 11. Passed, adopted and approved this 4th day of December, 1933. M. R KANE Mayor ED. McEVOY ARDENAL THOMPSON H. F. SCHUCKERT M. B. ANDELFINGER Councilmen Attest: J. J. SHEA City Clerk Councilman Andelfinger 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. Second- ed by Councilman Schuckert. Car- - ried by the following vote: Yeas- -Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert,. Thompson. Nays —None. 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, Thompson. Nays —None. Resolution No. 139 -33 OF CITY COUNCIL OF DUBUQUE, IOWA Whereas, the City Council of Du- buque, Iowa, has made an applica– tion to the Iowa State Highway Commission for the repaving of Lo- cust Street from Sixth Street south to the beginning of the concrete on Route 61, a total distance of 3356 feet; and Whereas, the State Highway De- partment tomorrow will receive bids for this project to be paid from Federal Grant on the basis of 100% of labor and material used thereon; • and Whereas, the State Highway De- partment has submitted an agree- ment with the City of Dubuque or Regular Session, December 4th, 1933 291 its authorized representative to maintain said Locust Street paving after the construction thereof: Now, Therefore, Be it resolved by City Council of Dubuque, Iowa, that the proposal of the State Highway Commission of Iowa to pave said Locust Street be approved and that the Mayor of the City of Dubuque is further au- thorized to sign and execute the maintenance agreement. Passed, adopted and approved this 4th day of December, 1933. M. R. KANE Mayor ED. McEVOY ARDENAL THOMPSON H. F. SCHUCKERT M. B. ANDELFINGER 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, McEvoy, Schuckert, Thompson. Nays —None. Proof of publication, certified to by the publishers, of the notice of sale of $16,000.00 sewer bonds pre- sented and read. Councilman Schuck- ert moved to receive and file the proof of publication. Seconded by Councilman Thompson. Carried by the following vote: Yeas —Mayor Kane Councilmen Andelfinger, McEvoy, Schuckert, Thompson. Nays —None. December 4, 1933 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Attached please find a copy of the Notice to Bidders for the sale of $16,000.00 Sewer Bonds. In compliance with the notice, bids were received this morning at 10:00 a. m., including one oral bid submit- ted by Mr. Severin Beck of the White- Phillips Company, Davenport, Iowa, and one sealed bid of Glas- pell, Vieth & Duncan, Davenport, Iowa. In line with Chapter 63 of the Code, the oral bid was received first and upon receipt and - tabula- tion of the oral bid, the sealed bid was opened and tabulated. The oral bid submitted by the White - Phillips Company, through Mr. Sevenin Beck, included an offer to the City of Dubuque for the $16,000.00 Sewer Bonds at 4%% par and accrued in- terest from date of the bonds and delivery of the funds to the City and a premium of $230.00. The sealed bid of Glaspell, Vieth & Duncan is attached hereto and . includes an offer to the City of Du- buque for the $16,000.00 bonds at 44 interest at par and accrued interest from the date of the bonds and the delivery of the funds to the City and an additional premium of $2.00. Yours very truly, R. M. EVANS City Manager Councilman Andelfinger moved that all bids be rejected. Seconded by Councilman Thompson. Carried by the following vote: • Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert, Thompson. Nays —None. After rejection of all bids the White Phillips Co. Inc. of Davenport, Iowa, submitted an oral bid of par and accrued interest, 4 coupon and a premium of $2.00, said White Phillips Co. Inc. to pay the cost of printing the bonds which bid was accbpted by the City Council as the best bid received. Resolution No. 141-33. Resolution providing for the sale and award of $16,000 Sewer Bonds and approving and authorizing the agreement of such sale and award. Whereas, notice of sale of $16,000, Sixteen Thousand Dollars, Sewer Bonds of the City of Dubuque, Du- buque County, Iowa, has heretofore been given in strict compliance with the provisions of Chapter 63 of the Code of Iowa, 1931, by publication of notice for two or more success- ive weeks in one of the official news- papers of Dubuque County: and Whereas, all sealed bids have been received and placed on file, after which open bids were called for and receiveil as follows: White - Phillips Co. Inc. Davenport, Iowa, par and accrued interest, 4%% coupon and premium of $230.; and thereafter such sealed bids were opened, the substance of the best sealed bid being as follows: Glas- fell, Vieth & Duncan, Davenport, Iowa, par and accrued interest, 4%% - coupon and premium of $2.00; and Whereas, all bids were rejected by the council; and Whereas, White - Phillips Co. Inc., Davenport, Iowa, thereupon in open council meeting, offered to purchase said Bonds for par and accrued in- terest, 4 coupon and a premium of $2.00, said company to pay the cost of printing the bonds, which bid was accepted by said council as the best bid received: Now, Therefore, Be it resolved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That upon being ad- 292 Regular Session, December 4th, 1933 vised in the premises it is hereby determined that the bid of White - Phillips Co. Inc., for the purpose of Sixteen Thousand Dollars, ($16,000) Sewer Bonds, as advertised, bearing interest at the rate of four and one - half percent (4 %) per annum, is the highest and best bid received and that said bonds be and the same are hereby awarded to said White - Phillips Co. Inc. Section 2. That the form of agree- ment of sale of said bonds to White - Phillips Co. Inc. be and the same is hereby approved, and the Mayor, City Clerk and City Treasurer are hereby authorized to execute said agreement for and on behalf of the City of Dubuque, Iowa, and to affix the corporate seal of said City there- to. Section 3. Thal all resolutions or parts of resolutions in conflict here- with be and the same are hereby repealed. Introduced and filed December 4th, 1933. Passed and approved 1933. Attest: Mayor. Councilmen. City Clerk. Councilman Andelfinger moved that the resolution and form of agreement of sale of said bonds to White- Phillips Co. Inc. be approved and placed on file for one week for public inspection. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert, Thompson. Nays —None. Petition of United Electric Com- pany that they be granted an ex- tension of time until July lst, 1934, to cover the completion of their contract for the installation of Boulevard Lights on Main Street presented and read. Councilman Schuckert moved that the prayer of petition be granted providing the approval of the Bonding Company is secured. Seconded by Councilman Andelfinger. Carried by the follow- ing vote. Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert, Thompson. Nays —None. Petition of James F. Lee Paving Company requesting that they be granted an extension of time until January lst., 1934 to cover the com- pletion of their contract for the paving of Main Street, Section Num- ber 3 from West 13th. Street to West 17th. Street presented and read. Councilman Andelfinger mov- ed that the prayer of the petition be granted providing the approval of the Bonding Company is secured. Seconded by Councilman McEvoy. Carried by the following vote: Yeas — Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert, Thompson. Nays —None. Petition of American Legion Drum Corps requesting authority and a permit to stage and hold a Walka- thon contest under its supervision in the City of Dubuque presented and read. Mr. Herschel Case address- ed the Council relative to the grant- ing the prayer of the petition and presenting and reading letters from Mayor Frank VanBuskirk, Rev. W. S. Insley and B. V. Guernsey, Prin- cipal of High School all of Shenan- doah, commenting favorably on the type of Walkathon contest as held in their city. Councilman Andelfinger moved that the prayer of the petition be granted. Seconded byl Councilman Thompson. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Thompson, Nays — Councilman Schuckert. Petition of Wm. Welsch request- ing that his name be withdrawn from the petition requesting that a Special Election be called to aban- don ,the City Manager Plan of Gov- ernment for the Reason that his name was forged to said petition presented and read. Councilman Schuckert moved that the petition be received and filed. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert, Thompson. Nays —None. Petition of Herman J. Stecklein, Mrs. Josephine Stecklein, Philip Stecklein, Lucille Stecklein, William Berens, George Stecklein and Mrs, Mildred Stecklein requesting that their names be withdrawn from the petition requesting that a Special Election be called to abandon the City Manager Plan of Government for the reason that they were mis- informed as to the intent of said petition presented and read. Coun- cilman Schuckert moved that the petition be received and filed. Sec- Regular Session, December 4th, 1933 onded by Councilman McEvoy. Car- ried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert, Thompson. Nays —None. Petition of John Steffen request- ing that his name be withdrawn from the petition requesting that a Special Election be called to aban- don the City Manager Plan of Gov- ernment for the reason that he was misinformed as to the intent of said petition presented and read. Council- man Schuckert moved that the pet- ition be received and filed. Second- ed by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Kane, Councilmen _Andelfinger, McEvoy, Schuckert, Thompson. Nays —None. Petition of Martin Steffen request- ing that his name be withdrawn from the petition requesting that a Spec- ial Election be called to abandon the City Manager Plan of Govern- ment for the reason that he was misinformed as to the intent of said petition presented and read. Coun- cilman Schuckert moved that the petition be received and filed. Sec- onded by Councilmen McEvoy. Car- ried by the following vote: Councilmen Schuckert, Yeas —Mayor Kane, Andelfinger, McEvoy, Thompson. Nays —None. Petition of Leo A. Steffen request- ing that his name be withdrawn from the petition requesting that a Special Election be called to aban- don the City Manager Plan Govern- ment for the reason that he was mis- informed as to the intent of said petition presented and read. Coun- cilman Schuckert moved that the petition be received and filed. Sec- onded by Councilman McEvoy. Car- ried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert, Thompson. Nays —None. Petition of Mrs. 11. Lucas request- ing that her name be withdrawn from the petition requesting that a Special Election be called to aban- don the City Manager Plan of Gov- ernment for the reason that she was misinformed as to the intent of said petition presented and read. Coun- cilmen Schuckert moved that the petition be received and filed. Sec- onded by Councilman McEvoy. Car- ried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert, Thompson. Nays —None. Petition of Herman Yaeger, Mar- garet Yaeger and Sam Petty request- ing that their names be withdrawn from the petition requesting that a Special Election be called to aban- don the City Manager Plan of Gov- ernment for the reason that they were misinformed as to the intent of said petiton presented and read Councilman Schuckert moved that the petition be received and filed. Seconded by Councilman McEvoy. Carried by the following vote: Yeas—Mayor Kane, Councilmen, Andelfinger, McEvoy, Schuckert, Thompson. Nays---None. Councilman Andelfinger moved that Mr. C. I. Krajewski, Mr. W. L. Yokom and Mr. Anton Zwack, to- gether with the Building Commis- sioner, act as a committee to in- vestigate and report back to the City Council their findings as to the con- demnation of the building located at the northeast corner of Wind- sor Avenue and Ries Street, Henry Pfotzer, owner. Seconded by Coun- cilman Schuckert. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert, Thompson. Nays —None. Ordinance No. 12 -33. An ordin- ance prohibiting the sale of impure and unhealthful ice, as herein de- fined, for domestic or potable use, or where such ice is to be used for cooling beverages or is to come in direct contact with food; and pre- scribing a penalty for violation here- of: presented and read. Councilman Andelfinger moved that the reading just had be con- sidered the first reading of the or- dinancie. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert, Thompson. Nays —None. Councilman Andelfinger moved that the rules be suspended requir- ing an ordinance to be read on three separate days. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert, Thompson. Nays —None. The ordinance was then read a second time. Councilman Andelfinger moved that the reading just had been Con- 293 294 Regular Session, December 4th, 1933 sidered the second reading of the ordinance. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert, Thompson. Nays —None. Verbal report of City Solicitor Czizek recommeding the settlement of the Claim of Jos. A Hartman in the amount of $20.00 for damage received due to the backing up of the sewer into his basement at 1555 White Street presented. Councilman Schuckert moved that the recommendation of City Solici- tor Czizek be approved and a war- rant in the sum of $20.00 ordered drawn on the City Treasurer as set- tlement in full of the claim. Sec- onded by Councilman Andelfinger. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert, Thompson. Nays —None. Verbal report of City Solicitor Czizek recommending the settlement of the Claim of Jessie Reynolds in the amount of $194.00 for injuries received in the breaking of her leg caused by the defective condition of Apple Street, said warrant to be drawn in favor of Walter Paisley, Attorney, presented. Councilman McEvoy moved that the recommendation of City Solici- tor Czizek be approved and a war- rant in the sum of $20.00 ordered drawn on the City Treasurer in fa- vor of Walter Paisley, Attorney, as settlement in full of the claim. Sec- onded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert, Thompson. Nays —None. Verbal report of City Manager Evans recommending that W. L. Yolzom, contractor, be granted an extension of 30 days time upon the completion of his contract on the improvement of the Kaufmann Ave- nue Water Reservoir presented Councilman McEvoy moved that the recommendation of City Manag- er Evans be approved. Seconded by Councilmen Schuckert. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert, Thompson. Nays —None. Resolution No. 140 -33 CITY COUNCIL OF CITY OF DUBUQUE, IOWA Whereas, in connection with the request of a 30% Grant and 70% Loan for a new modern outdoor Swimming Pool at Dubuque, Iowa, from the Federal Government, the City Council of Dubuque, Iowa, did approved, by Resolution No. 104 -33, passed October 23, 1933, the location of said pool at the southeast corner of Railroad Street and Route 61 on the basis of the total cost of said pool to be ,$60,000.00; and Whereas, the City Council of Du- buque, Iowa, did by Resolution No. 128 -33, passed November 3, 1933, authorize the change of sits of said pool to a more advantageous loca- tion, viz.either on a part of the pres- ent Grandview Avenue Tourist Park, or on new property easterly of and adjacent to the present Grandview Avenue Tourist Park; and Whereas, by survey and architec- tural study, it is now determined that additional costs of construc- tion will be necessary at the revis- ed and newly approved site: Now, Therefore, Be it resolved by the City Council of Dubuque, Iowa, that the action of endorsing the project of the new swimming pool on the basis of a requested Grant . and Loan totalling $6€,000.610, as authorized by Resolution No. 104, passed Octo- ber 23, 1933, be rescinded and modi- fied and that the City Council of Dubuque, Iowa, does hereby endorse and authorize said application from the Federal Government on the bas- is of a Grant and Loan of an in- creased amount up to $96,500.00 Passed, adopted and approved this 4th day of December, 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 Thompson, Car- ried 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 Thompson. Carried by the following vote: Yeas —Mayor Kane, Councilmen Special Session, December 11th, 1933 295 Andelfinger, McEvoy, Schuckert, Thompson. Nays—None.. J. J. SHEA City Clerk Approved Adopted Attest: 1934. 1934. Councilmen City Clerk. GITY COUNCIL (Official) 1933. Special Session, December 11th., Council met at 7:45 p. m. Present —Mayor Kane, Councilmen_ Andelfinger, McEvoy, Schuckert, Thompson, City Manager Evans. Meeting called by order of Mayor Kane and Councilman Thompson. Notice and Call of Special Meeting of The City Council of the City of Dubuque Iowa To: Henry Schuckert, Council - m an. You are hereby notified and there is hereby called a special meeting of the City Council of the City of Dubuque, Iowa, to be held at 7:30 o'clock p. m.. on Monday, December 11, 1933 at the Council Chamber in the City Hall. At this meeting there will be taken up for final consider- ation and adoption a Resolution entitled, "Resolution No. 141 -33. A resolution providing for the sale and award of $160,000 Sewer Bonds and approving and authoriz- ing the agreement of such sale and award," which resolution has been on file with the City Clerk for pub- lic inspection since the 4th. day of December 1933. Such other business will be trans- acted at this meeting as may prop- erly come before a regular meeting at said Council. Dated at Dubuque, Iowa, this 8th. day of December, 1933. M.. R. KANE Mayor ARDENAL THOMPSON Councilman Councilman Schuckert 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. Second- ed by Councilman Andelfinger. Car- ried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert, Thompson. Nays —None. Mr. henry Pfotzer addressed the Council requesting an extension of time until spring to either remodel or raze his building located at the northeast corner of Windsor Avenue and Ries Street. Mr. Wm. J. Roth addressed the Council requesting that the Alley between Solon Street and Reeder Street on the west side of Alpine Street be put in a passable condi- tion. Mr. Roth being advised' by City Council that his request would be granted. Petition of W. Carney requesting 296 Special Session, December llth, 1933 that his name be withdrawn from the petition requesting that an election be called to abandon the City Manager Plan of Government for the reason that he was misin- formed as to the intent of said pet- ition presented and read. Councilman Andelfinger moved to receive and file the petition. Sec- onded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert, Thompson. Nays —None. Petition of Christian Janggen re- questing that his name be with - drawn from the petition requesting that an election be called to aban- don the City Manager Plan of Gov- ernment for the reason that he was misinformed as to the intent of said petition presented and read. Councilman Andelfinger moved to receive and file the petition. Sec- onded by Councilman Schuckert Carried by the following vote Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert, Thompson. Nays —None. Petition of Wm. Adam, referred to the City Council by the Board of Supervisors requesting the remis- sion of the 1932 taxes on Lot 1 of 2 of Min. Lot 345 presented and read. Councilman Schuckert moved to refer the petition to the City Solic- itor for investigation and report. Seconded by Councilman Andel- finger. Carried by the following vote: Yeas — Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson. Nays —None. Petition of Katie Schuler, re- ferred to the City Council by the Board of Supervisors, requesting suspension of the sceond half of the 1932 taxes on South 24.6 feet of Lot 27 and the North 5 feet of Lot 28 of Stafford's Addition presented and read. Councilman Schuckert moved to refer the petition to the City Solic- itor for investigation and report. Seconded by Councilman Andel- finger. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson. Nays —None. Petition of Joseph Jeannetaud, re- ferred to the City Council by the Board of Supervisors, requesting the suspension of the 1931 and 1932 tax- es on Lot 2, Sub. of City Lot 688, and Part of City Lot 654, Lot 5 Sub. of City Lot 688 and Part of City Lot 654, Lot 13 Sub. City Lot 703, Lot 1 Sub. 14 of City Lot 703, West 25 feet of Lot 9 of Lorimer's Sub., Lot 13 Simpson's Add., presented and read. Councilman Schuckert moved to refer the petition to the City Solic- itor for investigation and report. Seconded by Councilman Andel- finger. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson. Nays —None. December 8, 1933. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I am submitting here- with reports of the City Auditor, City Treasurer and City Water Works for the month of November, 1933, also list of claims and list of payrolls for which warrants were drawn during the month of Novem- ber, 1933. Yours very truly, R. M. EVANS, City Manager. Councilman Schuckert moved that the reports be received and placed on file. Seconded by Councilman An- delfinger. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert, Thompson. Nays —None. December 4, 1933. Honorable Mayor and City Council Dubuque, Iowa. Gentlemen:For your $16,000, 4 legally issued Sewer bonds, to be issued under date of December 1, 1933, the principal and semi- annual interest payable at the office of the City Treasurer, Dubuque, Iowa, the principal to mature as follows: 5,000 December 1, 1945 5,000 December 1, 1946 6,000 December 1, 1947 we will pay you par and accrued in- terest plus premium of $2.00 (two dollars). Prior to the delivery of the above mentioned bonds to us, you are to furnish us with a full and complete - certified transcript of all proceed- ings requisite to the issuance and de- livery of said bonds, evidencing their legality and taxation provisions re- lating thereto, to the satisfaction of our attorney together with their fi- nal approving opinion thereon. The lithographed printed bonds are to be furnished by The White - Phillips Co, Inc. We hand you herewith our certi- fied check No 2121 for $750.00, as evi- dence of our good faith in complying with the terms and conditions of this bid; said check to be applied as part Special Session, December llth, 1933 297 payment of said legally issued bonds if delivered to us in accordance with the terms of this agreement. In the event the legality of the bonds is not approved by said attorneys, said check is to be returned to us upon demand. In case of our failure to carry out the terms of this agree- ment, said check is to be full, com- plete and agreed liquidated damages. Delivery of the bonds to be made to us on or about as soon as possible, , 19 —. White Phillips Co. to print bonds. Respectfully submitted, THE WHITE- PHILLIPS COMPANY, INC. By: S. A. BECK (Signed). The above and foregoing proposi- tion is hereby accepted this llth day of December, 1933, and the under- signed being authorized to contract, we agree to deliver the above bonds to the White - Phillips Company, Inc., Davenport, Iowa, as above provided. M. R. KANE, Mayor. OTTO F. PULS, City Treasurer. Attest: J. J. SHEA, City Clerk. Resolution No. 141 -33 Resolution providing for the sale and award of $16,000 Sewer Bonds and approving and authorizing the agreement of such sale and award. Whereas, notice of sale of $16,000, Sixteen Thousand Dol- lars, Sewer Bonds of the City of Du- buque, Dubuque County, Iowa, has heretofore been given in strict com- pliance with the provisions of Chap- ter 63 of the Code of Iowa, 1931, by publication of notice for two or more successive weeks in one of the offi- cial newspapers of Dubuque County: and Whereas, all sealed bids have been received and placed on file, after which open bids were called for and received as follows: White- Phillips Co. Inc., Davenport, Iowa, par and ac- crued interest, 4V4% coupon and pre- mium of $230.; and thereafter such sealed bids were opened, the sub- stance of the best sealed bid being as follows: Glassfell, Vieth & Duncan, Davenport, Iowa, par and accrued in- terest, 4%% coupon and premium of $2.00; and Whereas, all bids were rejected by the council; and Whereas, White - Phillips Co. Inc., Davenport, Iowa, thereupon in open council meeting, offered to purchase said Bonds for par and accrued in- terest, 4%% coupon and a premium of $2.00, said company to pay the cost of printing the bonds, which bid was accepted by said council as the best bid received: Now, therefore, Be It Resolved by the City Council of the City of Du- buque, Iowa, as follows: Section 1. That upon being advised in the premises it is hereby deter- mined that the bid of White - Phillips Co. Inc. for the purchase of Sixteen Thousand Dollars, ($16,000) Sewer Bonds, as advertised, bearing inter- est at the rate four and one -half per- cent (4%%) per annum, is the high- est and best bid received and that said bonds be and the same are here- by awarded to said White - Philips Co. Inc. Section 2. That the form of agree- ment of sale of said bonds to White - Phillips Co. Inc. be and the same is hereby approved, and the Mayor, City Clerk and City Treasurer are hereby authorized to execute said agreement for and on behalf of the City of Dubuque, Iowa, and to affix the corporate seal of said City there- to. Section 3. That all resolutions or parts of resolutions in conflict here- with be and the same are hereby re- pealed. Introduced and filed December 4th, 1933. Passed and approved December llth, 1933. M. R. KANE, Mayor. ED. McEVOY, ARDENAL THOMPSON, H. F. SCHUCKERT, M. B. ANDELFINGER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilmen Andelfinger moved the adoption of the resolution. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert, Thompson. Nays —None. Ordinance No. 12 -33. An ordin- ance prohibiting the sale of impure and unhealthful ice, as herein de- fined, for domestic or potable use, or where such ice is to be used for cooling beverages or is to come in. direct contact with food; and pre- scribing a penalty for violation here- of, said ordinance having been pass- ed upon first and second readings on December 4th, 1933, presented and read the third time. Ordinance No. 12 -33 An ordinance prohibiting the sale of impure and unhealthful ice, as herein defined, for domestic or po- table use, or where such ice is to be used for cooling beverages or is to come in direct contact with food; and prescribing a penalty for viola- tion hereof: 298 Special Session, December Be it Ordained by the City Coun- cil of the City of Dubuque: Par. 409 — Section 1. The term "impure and unhealthful ice," as used herein shall mean any ice which has been cut from a shallow, stagnant pond or pool or other source which is subject to execessive pol- lution and, or from a source, the chemical or bacteriological analysis of which shows it to be unsafe. Par. 410 — Section 2. No person, firm or corporation shall sell to any' restaurant, drug store, confection- ery or to any person for domestic or potable use impure or unhealth- ful ice as herein defined, nor shall such ice be sold to anyone where it is to be added to beverages for cooling or is to come in direct con- tact with food. Par. 411— Section 3. Any person, firm or corporation who violates the provisions hereof shall be deemed guilty of a misdemeanor and upon conviction, shall be punished by a • fine of not to exceed One Hundred Dollars or imprisonment not to ex- ceed thirty days in jail. Par. 412— Section 4. This ordin- ance shall be in force and effect ten days from and after its final passage, adoption and approval by the City Council and publication as provided by law. Passed upon first and second read- ings this 4th day of December, 1935. Passed, adopted and approved up- on final reading this 17th day of December, 1933. M. R. KANE, Mayor. ED. McEVOY, ARDENAL THOMPSON, H. F. SCHUCKERT, M. 13. ANDELFINGER, . Councilmen.. Attest: J. J. SHEA, City Clerk. Published officially in the Tele- graph - Herald and Times - Journal newspaper, December 13th, 1933. J. J. SHEA, 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. 142-33 Whereas, the establishment of a municipal airport at Dubuque is nec- essary in order that this City keep pace with other modern and pro- gressive cities in the country; and Whereas an opportunity is now offered by the United States Govern- ment through its Civil Work and Public Works programs to establish, llth, 1933 construct and equip such airport at a very small cost to this City, the only requirement being that the City become the owner of the real estate whereon such airport is .to be estab- lished; and, Whereas, after a careful study over a period of years of all locations which might be available for air- port purposes, it has been deter- mined that the most suitable lands for such purposes is property com- monly called "Ham's Island" and that portion thereof herein more specifically defined; and, Whereas, such site, together with plans and specifications for the air- port to be constructed thereon, have been submitted to the Board of Rail- road Commissioners of Iowa, as pro- vided by Chapter 303 -C1 of the Code of Iowa, 1931, and the approval of said Board has been secured; and, Whereas, in order to secure Fed- eral aid for the construction of such project, it is necessary that immed- iate action be taken by the Council of the City of Dubuque , to secure, by purchase, the lands herein de- scribed; and, Whereas, such lands may be pur- - chased for the sum of $10,000.00, upon the following terms and con- ditions: $5,000 in cash upon the exe- cution and delivery to said City of a proper Warranty Deed, and the execution of a warrant in the re- maining sum of $5,000, bearing in- terest at the rate of five per cent ( %) per annum, payable at any time when such funds are available, and said warrant to be secured by a first mortgage upon said real es- tate; and, Whereas, it is determined by this Council that said purchase price shall be paid from the general fund of said City and not by a special tax levy: NOW, THEREFORE: Be it Resolved by the Council of the City of Dubuque, that there is hereby established a municipal air - port for the City of Dubuque on the following described real estate located within the City and County of Dubuque, Iowa, to -wit:— Mineral Lots 298, 299 and 300, amounting to 162.45 acres and all accretions and additions thereto. Be it further resolved, that up- on the execution and delivery to the City of Dubuque of a proper Warranty Deed and an Abstract of Title showing good and merchant - ible title in the owner to said prem- ises, a warrant be drawn upon the general fund of said City for the sum of $5,000 made payable to the owner or his authorized agent and also, that a negotiable warrant of the City of Dubuque, for the sum Special Session, December llth, 1933 of $5,000, be issued in favor of the owner, bearing interest at five per cent (5 %) per annum, payable at any time when funds are available for such purpose, and the Mayor and Clerk are hereby authorized and directed to execute a first mortgage on said real estate securing the pay- ment of said warrant. This Resolution being deemed ur- gent and of immediate necessity and in the interest of peace, safety and general welfare of the City of Du- buque and the inhabitants thereof, shall be in force and effect upon its passage, adoption and approval by the City Council. Passed, adopted and approved this llth day of December, 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. Councilman Thompson moved that the City of Dubuque defray one -half of the cost of telephone service, use of type- writers and supplies at the office of Civil Works Administration located in the Federal Building at Ninth and Locust Street. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson. Nays —None. Councilman Thompson moved that the Claim of Coco Cola Bottling Com- pany, in the amount of $13.50 for damages to their motor caused by overflow of storm water into their basement, be referred to the City Solicitor for investigation and report. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson. Nays —None. 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, McEvoy, Schuckert and Thompson. Nays— None. - J. J. SHEA, City Clerk. Approved ,....- 1934. Adopted 1934. 1 Councilmen Attest: 1 City Clerk. 299 300 Special Session, December 13th, 1933 CITY COUNCIL (Official.) Session, December 13th, Special 1933. Council met at 4:45 P. M. Present —Mayor Kane, Councilmen Andelfinger and McEvoy, City Man- ager Evans. A b sent — Councilmen Schuckert and 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 adopting a resolution granting a permit to Walgreen Drug Company to sell cig- arettes and cigarette papers and act- ing on any other business as may properly come before a regular meeting of the City Council. Councilman Andelfinger 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. Second- ed by Councilman McEvoy. Carried by the following vote: Yeas — Mayor Kane, Councilmen Andelfinger and McEvoy. Nays —None. A b sent— Councilmen Schuckert and Thompson. Mr. Fred Bissell of the Tax Com- mittee of Chamber of Commerce ad- dressed the Council requesting that the City Council appoint some suit- able person or persons to make a trip to Washington, D. C., in the in- terest of the public improvement projects now pending and to urge early improvement of same and that the Council appropriate a sum in the amount of $250.00 to cover the cost of said trip. Councilman Andelfinger moved that the City Council appoint some suitable person or persons to make a trip to Washington, D.C., and oth- er points in the interst of public improvement projects now pending, to urge early approval of said pro- jects, in order to help relieve the unemployment situation in the City of Dubuque and that an amount not to exceed $250.00 be appropriated to cover the cost of said trip. Second- ed by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger and McEvoy. Nays —None. A b s en t— Councilmen Schuckert and Thompson. Communication of Anton Zwack, Wm. L. Yokom and C. I. Krajewski, committee appointed to examine the two -story frame structure located on the northeast corner of Windsor Avenue and Ries Street recommends that this structure be condemned and that the owner be instructed to demolish said premises, presented and read. Councilman McEvoy moved that the communication be made a mat- ter of record. Seconded by Council- man Andelfinger. Carried by the fol- lowing vote: Yeas —Mayor Kane, Councilmen Andelfinger and McEvoy. Nays —None. A b s e n t— Councilmen Schuckert and Thompson. Resolution No. 143 -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 directed to issue such permit on be- half of said City: The Walgreen Drug Co., 813 Main Street. Be It Further Resolved that the bond filed with the application be approved. Passed, adopted and approved this 13th day of December, 1933. M. R. KANE, Mayor, ED. McEVOY, M. B. ANDELFINGER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Andelfinger moved the adoption of the resolution. Second- ed by Councilman McEvoy. Carried by the following vote: Yeas — Mayor Kane Councilmen Andelfinger and McEvoy. Nays —None. A b s en t— Councilmen Schuckert and Thompson. There being no further business, Councilman McEvoy moved to ad- journ. Seconded by Councilman An- delfinger. Carried by the following vote: Yeas — Mayor Kane, Councilmen Andelfinger and McEvoy. Nays —None. Special Session, December 18th, 1933 301 A b s e n t— Councilmen Schuckert and Thompson. J. J. SHEA, City Clerk. Approved 1934. Adopted Attest: 1934. f Councilmen 1 City Clerk. CITY 000NCIL (Official) Special Session, December 18th, 1933. Council met at 7:40 P. M. Present —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson, and City Manager Evans. 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 acting upon pro- posals submitted by contractors for the construction of .storm sewers in. and along South Main Street, Main. Street and West Eighth Street and acting on any other business as may properly come before a regular meet- ing of the City Council. Petition of Ida and Robert H. Knoll requesting that the balance of the unpaid assessment levied against West 3 feet of Lot 2 of Sub. Lot 38 of Marsh's Addition be can- celled and that they be reimbursed for the assessments previously paid for the improving of North Main Street as said assessment is in error as there is no such description as West 3 feet of Lot 2 of Sub. Lot 38 Marsh's Addition, presented and read. Councilman McEvoy moved to re- fer the petition to the City Solicitor for investigation and report. Sec- onded by Councilman Thompson. Carried by the following. vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson. Nays —None. Petition of Mike Reuter, et al, tax- payers of West Dubuque and vicin- ity, requesting the City Council to purchase the Nick Welbes Field for park, playground and athletic field, presented and read. Councilman Schuckert moved to refer the petition to the City Coun- cil and that a joint meeting be held with the Park Board and Playground and Recreation Commission. Seo- onded by Councilman McEvoy. Car- ried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson. Nays —None. Report of Board of Health for the month of November, 1933, present- ed. Councilman Schuckert moved that the report of the Board of Health for the month of November, 1933, be received and placed on file. Seconded by Councilman McEvoy. . Carried by the following vote: Yeas —Mayor Kane, Councilmen 302 Special Session, December 18th, 1933 Andelfinger, McEvoy, Schuckert and Thompson. Nays -None. Proof of publication, certified to by the publishers, of the notice to contractors of the receipt of propos- als for the construction of storm sewers in and along South Main Street, Main Street and West Eighth Street, presented and read. Councilman Schuckert moved to receive and file the proof of pub- lication. Seconded by Councilman Andelfinger. Carried by the follow- ing vote: Yeas -Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson. ' Nays -None. December 15, 1933. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: In accordance with your instructions and our advertise- ment, bids were received at 10:00 A. M. Friday, December 15, 1933, for the construction of Storm Sewers in and along South Main Street, Main Street and West Eighth Street. I am attaching hereto a tabulation sheet showing the unit prices and total prices bid and respectfully rec- ommend that the contract for the construction of said storm sewers be awarded to the Thos. Flynn Coal Company as their bid was the low- est one received. Yours very truly, R. M. EVANS, City Manager. Tabulations of Sewer proposals for storm sewer in and along South Main Street, Main Street and West Eighth Street. Proposals opened at 10:00 A. M., December 15, 1933. Proposals submitted by- Thos. Flynn Coal Co.- Unit Prices Sewer Pipe, $ 3.62 27" Vitrified Tile 348 lin. ft. 21" Vitrified Tile Sewer Pipe, 1290 lin. ft. 2.62 18" Vitrified Tile Sewer Pipe, 160 lin ft. 1.66 15" Vitrified Tile Sewer Pipe, 1240 lin. ft. 1.63 12" Vitrified Tile Sewer Pipe, 585 lin. ft. 1.45 30" Vitrified Tile Sewer Pipe, 677 lin. ft. 4.16 36" Vitrified Tile Sewer Pipe, 78 lin. ft. 5.90 27 Brick manholes, complete 56.00 58 Concrete Catch Basins, complete; 42 with special C. I. Top 55.80 K. P. Mix for temporary pave- ment 100 cu. yds. 3.00 Concrete Curb. and Gutter, 2 section, 200 lin. ft. 1.50 Class B Concrete in place (1- 2 -5 mixture), 80 cu. yds. 9.00 Concrete Sidewalk, 500 sq. ft .17 Concrete Box as per plan, 678 lin. ft. 9.75 3 Manhole Rings and Covers... 9.00 Total Amount of Bid $23,842.03 City Engineer's Estimate $24,936.00 Minus $ 1,093.97 K -M Construction Co.- 27" Vitrified Tile Sewer Pipe, 348 lin. ft. $ 4.00 21" Vitrified Tile Sewer Pipe, 1290 lin. ft. 2.80 18" Vitrified Tile Sewer Pipe, 160 lin. ft. 2.60 15" Vitrified Tile Sewer Pipe, 1240 lin. ft. 1.80 12" Vitrified Tile Sewer Pipe, 585 lin. ft. 1.04 30" Vitrified Tile Sewer Pipe, 677 lin. ft. 5.50 36" Vitrified Tile Sewer Pipe, 78 lin. ft. 7.00 27 Brick Manholes, complete 60.00 58 Concrete Catch Basins, complete; 42 with special C. I. Top 54.00 K. P. Mix for temporary pave- ment 100 cu. yds. 4.50 Concrete Curb and Gutter, 2 section, 200 lin. ft. 1.13 Class B Concrete in place (1- 2 -5 mixture), 80 cu. yds. 9.00 Concrete Sidewalk, 500 sq. ft .30 Concrete Box as per plan, 678 lin. ft. 8.30 3 Manhole Rings and Covers 14.00 Total Amount of Bid $24,497.30 James F. Lee Paving Co.- 27" Vitrified Tile Sewer Pipe, 348 lin. ft. $ 3.75 21" Vitrified Tile Sewer Pipe, 1290 lin. ft. 2.26 18" Vitrified Tile Sewer Pipe, 160 lin. ft. 1.79 15" Vitrified Tile Sewer Pipe, 1240 lin. ft. 1.23 12" Vitrified Tile Sewer Pipe, 585 lin. ft. 1.00 30" Vitrified Tile Sewer Pipe, 677 lin. ft. 4.45 36" Vitrified Tile Sewer Pipe, 78 lin. ft. 6.65 27 Brick Manholes complete 37.50 58 Concrete Catch Basins, complete; 42 with special C. I. Top 45.00 K. P. Mix for temporary pave- ment, 100 cu. yds. 6.00 Concrete Curb and Gutter, 2 section, 200 lin. ft .85 Class B Concrete in place (1- 2 -5 mixture), 80 cu. yds. 7.00 Concrete Sidewalk, 500 sq. ft .20 Concrete Box as per plan, 678 lin. ft. 14.50 3 Manhole Rings and Covers 12.50 Total Amount of Bid $25,119.35 Special Session, December 18th, 1933 303 R. F. Conlon - 27" Vitrified Tile Sewer Pipe, 348 lin. ft. $ 4.55 21" Vitrified Tile Sewer Pipe, 1290 lin. ft. 18" Vitrified Tile Sewer Pipe, 160 lin. ft. 15" Vitrified Tile Sewer Pipe, 1240 lin. ft. 12" .Vitrified Tile Sewer Pipe, 585 lin. ft. 30" Vitrified Tile Sewer Pipe, 677 lin. ft. 36" Vitrified Tile Sewer Pipe, 78 lin. ft. • 27 Brick Manholes, complete 58.00 58 Concrete Catch Basins, complete; 42 with special C. I. Top K. P. Mix for temporary pave- ment, 100 cu. yds. Concrete Curb and Gutter, 2 section, 200 lin. ft. Class B Concrete in place (1- 2 -5 mixture), 80 cu. yds. 8.00 Concrete Sidewalk, 500 sq. ft .15 Concrete Box as per plan, 678 lin. ft. 9.50 3 Manhole Rings and Covers 10.00 Total Amount of Bid $25,669.00 Uhlrich Coal Co.- 27" Vitrified Tile Sewer Pipe, 348 lin. ft. $ 4.40 21" Vitrified Tile Sewer Pipe, 1290 lin. ft. 18" Vitrified Tile Sewer Pipe, 160 lin. ft. 15" Vitrified Tile Sewer Pipe, 1240 lin. ft. 12" Vitrified Tile Sewer Pipe, 585 lin. ft. 30" Vitrified Tile Sewer Pipe, 677 lin. ft. 36" Vitrified Tile Sewer 78 lin. ft. 27 Brick Manholes, complete 55.00 58 Concrete Catch Basins, complete; 42 with special C. I. Top - 52.80 K. P. Mix for temporary went, 100 cu. yds. Concrete Curb and Gutter 2 section, 200 lin. ft. .93 Class B Concrete in place (1- 2 -5 mixture), 80 cu. yds. 7.70 Concrete Sidewalk, 500 sq. ft .16 Concrete Box as per plan, 678 lin. ft. 11.00 3 Manhole Rings and Covers 12.50 Total Amount of Bid $26,584.05 Contractor has based his bid on above work according to Public Works Wage Scale, viz: $.50 com- mon labor, $1.20 skilled labor. Resolution No. 144 -33. Awarding contract for the construction of storm sewers in and along South Main Street, Main Street and West Eighth Street to Thos. Flynn Coal Company, as their bid is the lowest bid received, presented and read. Pipe, 2.85 1.80 1.67 1.30 5.50 6.85 60.00 6.00 1.00 3.17 2.00 1.80 1.50 5.15 6.70 6.00 Councilman Schuckert moved that the resolution be approved and placed on file for one week for pub- lic inspection. Seconded by Council- man Thompson. Carried by the fol- lowing vote: Yeas - Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson. Nays -None. December 14, 1933. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Attached are four (4) letters from Mr. Fred E. Bissell in connection with damage done to his water lateral on his own property west of the west end of Plymouth Street and failure to secure the pro- per filling on Mr. Bissell's private property of the sanitary sewer built at the west end of Plymouth Street for which he gave right of way free to the City. The contractor for this project was Mr. R. F. Conlon. After the re- ceipt of Mr. Bissell's various letters, Mr. Conlon was notified, each time, to take care of the proper mainten- ance, but Mr. Bissell says that pro- per attention was never given. Accordingly the writer suggests authorizing the Superintendent of Streets to properly fill the sunken portions of the sewer trench and to submit the cost of the labor for the same which should be paid by the contractor. Mr. Conlon has not yet agreed to reimburse Mr. Bissell for the cost of repairing two breaks in Mr. Bis- sell's water service line. These breaks occurred at two separate dat- es and were due to settling of a tun- nel on Mr. Bissell's land. Mr. Conlon had constructed the sanitary sewer by alternate open diggings and by tunnelling. The breaks actually oc- curred where a tunnel method was performed. The damage to the wa- ter service was likely caused by settlement in this particular tun- nelled distance. The question for decision is whether or not the damage done by possible settlement of the particular tunnelled section of the sanitary sewer where the water service line crossed above the sewer, was the reason for two leaks or breaks oc- curring in said water line and whether or not the contractor, Mr. Conlon, should assume and pay for the two bills from Mullen Bros. for repairs to the two breaks in .the water service, total $33.25. In regard to the water bills of Mr. Bissell, including originally the ex- cess water due to leaks at the time of the two breaks, adjustments have r 304 Special Session, December 18th, 1933 been made to the satisfaction of Mr. Bissell. Yours very truly, R. M. EVANS, City Manager. Councilman Thompson moved to refer the communication to the City Solicitor. Seconded by Councilman Schuckert. Carried by the following vote: Yeas — Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson. Nays —None. December 18, 1933. CERTIFICATE OF CITY MANAGER. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The undersigned here= by certifies that the contract for the resurfacing of Main Street from the north property line of West Thir- teenth Street to the south property line of West Seventeenth Street, designated Section 3 — Main Street, James F. Lee Paving Company, con- tractor, has been completed. I further certify that this work has been done in accordance with the plans and specifications and stipulations of the contract and I would therefore recommend its ac- ceptance by the Council. Yours very truly, R. M. EVANS, City Manager. Resolution No. 145 -33. Resolution accepting improvement and direct- ing the Clerk to publish notice of the levy of special assessment for the resurfacing of Main Street from the north property line of West Thir- teenth Street to the south property line of West Seventeenth Street, designated Section 3 —Main Street, presented and read. Councilman Andelfinger moved the adoption of the resolution. Sec- onded by Councilman McEvoy. Car- ried 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 list of claims for which warrants were drawn during the month of Novem- ber, 1933, presented and read. Councilman Schuckert moved to receive and file the proof of publica- tion. Seconded by Councilman An- delfinger. Carried by the following vote: Yeas — Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson. Nays —None. Petition of Anthony Schmitz et al requesting the opening of a parcel of ground for street purposes con- necting Lincoln Avenue with Lowell Street presented and read. Councilman McEvoy moved to re- fer the petition to the City Council to view the grounds and the City Manager instructed to prepare an estimate of the cost of said project. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson. Nays —None. Communication of Arnold Utzig, Chairman of Taxpayer's Committee, requesting the City Council by mo- tion, resolution, or other legal ac- tion, to instruct the City Attorney to take an appeal from the case of James Alderson vs. the City of Du- buque and the judgment rendered therein to the Supreme Court of the State of Iowa, and in the event the Council does not desire to incur this expense on the part of the City that he be authorized as a representative of the signers of said petition, with- out any expense to the City or the taxpayers to take the proper steps to perfect from the appeal of the decision of the Judge of the District Court in and for Dubuque County, Iowa, and submit the matter to the Supreme Court of Iowa, presented and read. - Councilman Andelfinger moved to refer the communication to the City Council. Seconded by Councilman McEvoy. Carried by the following vote: Yeas — Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson. Nays —None. Councilman McEvoy moved to sus- pend the rules for the purpose of al- lowing any one present in the Coun- cil Chamber, who wishes to do so, to address the Council: Seconded by Councilman Schuckert. Carried by the following vote: Yeas — Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson. Nays —None. Councilman Thompson moved that the City Manager be instructed to have the barricades removed on Sixth Street between Locust Street and Bluff Street and have said street open for traffic by Tuesday night. Seconded by Councilman An- delfinger. Carried by the following vote: Yeas — Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson. Nays —None. Mr. Herbert A. Kennison address- ed the Council requesting that his Dubuque Housing Project — "Mt. Ver- Special Session, December 18th, 1933 305 non Court Apts." — be approved by the City Council. Councilman Thompson moved that the Dubuque Housing Project — "Mt. Vernon Court Apts. " —as submitted by Mr. Herbert A. Kennison be ap- proved. Seconded by Councilman McEvoy. Carried by the following - vote: Yeas — Mayor Kane, Councilmen McEvoy, Schuckert, Thompson. Nays — Councilman Andelfinger. Councilman Andelfinger asked per- - mission to have recorded in the min- utes the reason for his negative vote of this question. It is my belief that the Federal Government is not only interested in providing employment for labor and the sale of materials from our factories to be used in the construction of buildings, but also in the welfare of our less fortunate - people to the extent of providing better housing accommodations. While I am interested in the project presented for our consideration it is my firm belief that we should give serious thought to its location at a point where it will be of benefit to the class of people our government wants to serve. The location of this proposed building, on or near Grand- view Avenue, will defeat the govern- ment's object, so far as housing conditions are concerned. The peo- ple living on or near Grandview Avenue are financially able to care for themselves, and now probably occupying satisfactory homes, and I don't feel that the need for such a project in that neighborhood is great enough to attract the interest of the federal government. Certainly, the people living in squalid homes could not possibly live in apartments er- ected in the location suggested, be- cause the rental of four -room flats, at an average rental of $9.00 per room, would be way beyond their means, and it is this class of people in whom I am interested and to whose welfare we should give some serious consideration. If you will recommend the construction of a similar building to be erected in a location that will serve the less for- tunate element of our community, I will be very glad to vote in favor of this project, but I cannot do so if we are to favor this at the expense of one to serve the people who are now compelled to live in quarters unfit for human habitation. Councilman McEvoy moved that the Standard Oil Company be grant- ed permission to round the south- east corner of East Fourth Street and Central Avenue at their new filling station, the work to be done under the supervision of the City Manager and City Engineer and that the plan be accepted on the east side of said station on East Fourth Street to cover new driveway over sidewalk. Seconded by Councilman Andelfinger. Carried by the follow- ing vote: Yeas — Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert any 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, City Clerk. Approved 1934. Adopted 1934. Councilmen: Attest: City Clerk. 306 Special Session, December 26th, 1933 CITY COUNCIL (Official.) Special Session, December 26th, 1933. Council met at 7:45 P. M.' Present —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson, City Manager Evans. Meeting called by order of Coun- cilmen Andelfinger and Schuckert. Dubuque, Iowa. December 23, 1933. NOTICE AND CALL OF SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE. To Edward McEvoy, Councilman. Yoti Are Hereby Notified and there is hereby called a Special Meeting of the City Council of the City of Dubuque, Iowa, to be held in the Council Chamber at the City Hall, at 7:30 o'clock P. M., Decem- ber 26th, 1933. At 'this meeting there will be introduced an Ordinance en- titled: 'Ordinance No. 13 -33. An Ordinance amending Ordinance No. 11 -33 entitled, `An Ordinance pro- viding for the issuance of $16,000 Sewer Bonds, providing for the levy of taxes to pay the same and de- claring an emergency' so as to pro- vide for a sufficient tax -levy in the year 1934 to pay interest due and payable in 1934 and 1935, and de- claring an emergency." Such other business will be trans- acted at said meeting as may pro- perly come before a regular meet- ing of the Council. M. B. ANDELFINGER, H. F. SCHUCKERT, Councilm.en. Councilman Andelfinger moved that the Mayor and City Clerk be authorized to execute a Quit Claim Deed in behalf of the City of Du- buque to the Dubuque Stone Pro- ducts Company conveying all that part of Government Lot No. 3 of Section 7 in Township 89, North, Range 3, East of the 5th P. M., be- ing the land in Lot 1 (One) of the Subdivision of Lot 2 (Two) of the Subdivision of Mineral Lot 305A, ly- ing northerly of North Second Street and Easterly and between the West- erly line of Main Street and the ordinary high water mark of the Mississippi River as designated in the plan of the Town of Eagle Point as "Main Street" and "Ferry Land- ing" as platted and recorded in Deed Book "F," Page 545, in the records of Dubuque County, Iowa. Seconded by Councilman Schuckert. Carried by the following vote: Yeas — Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson. Nays —None. Council Proceedings for the month_ of October, 1933, presented for ap- proval. Councilman Schuckert moved that the Council Proceedings for the month of October, 1933, be approved_ as printed. Seconded by Councilman. McEvoy. Carried by the following vote: Yeas — Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson. Nays —None. Communication of P. F. Hopkins, Public Works Engineer for Iowa, ap- proving of the awarding of the con- tract for the construction of storm water sewers in Main Street, South Main Street and West Eighth Street to Thos. Flynn Coal Company pre- sented and read. - Councilman Schuckert moved that the communication be made a mat- ter of record. Seconded by Council- man Thompson. Carried by the fol- lowing vote: Yeas — Mayor Kane Councilmen Andelfinger, McEvoy, Schuckert and Thompson. Nays —None. Petition of Emil Pfalzgraf request- ing the City Council to view his property located on Pearl Street and Mineral Street in order that the overflow of water across his lots may be corrected presented and read. Councilman Andelfinger moved to refer the petition to the City Coun- cil to view the grounds. Seconded by Councilman Thompson. Carried by the following vote: Yeas — Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson. Nays —None. Petition of Charles B. McCauley, referred to the City Council by the Board of Supervisors, requesting the cancellation of the 1932 taxes on Lot. 1 of 3 of Mineral Lots 87 and 88 presented and read. Councilman Schuckert moved to refer the petition to the City Solic- itor for investigation and report. Seconded by Councilman Andel- finger. Carried by the following vote: Yeas — Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson. Nays —None. Resoliution No. 146 -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 Dubuque, be granted a permit to sell cigarettes and cigarette papers with- Special Session, December 26th, 1933 307 in said City and the Manager is di- rected to issue such permit on be- half of said City: Ott Grocery, Joseph J. Ott, Jr., Prop. -1001 Rhomberg Avenue. Be It Further Resolved that the bond filed with the application be approved. Passed, adopted and approved this 26th day of December, 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 Andelfinger. Car- ried by the following vote: Yeas — Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson. Nays —None. Application of Hubert ' Galle and Charles Lawson for a Class "B" beer permit to be located at 100 West 5th Street presented and read. Councilman Andelfinger moved that action be deferred on approving the application. Seconded by Coun- cilman Thompson. Carried by the following vote: Yeas — Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson. Nays —None. Communication of Henry F. Schuckert tendering his resignation as a member of the City Council, to become effective December 31st, 1933, presented and read. Councilman McEvoy moved that the resignation be accepted with regret. Seconded by Councilman Thompson. Carried by the following vote: Yeas — Mayor Kane Councilmen Andelfinger, McEvoy, Thompson. Nays —None. Councilman Schuckert not voting. Resolution No. 147 -33. Condemnation Resolution. Whereas, Henry Pfotzer and Ida Dement are the owners of a frame building located at the northeast corner of Windsor Avenue and Ries Street and situated upon the South fifty feet (S. 50') of Lot Two '(2) of the Subdivision of Lots 8 and 9, Geiger's Sub., in the City of Du- buque, and said building has been examined by the Board of Health and the Chief of the Fire Depart- ment and found to be unfit for hu- man habitation, dangerous to life and health by reason of want of re- pair, defects in drainage and plumb- ing, and has depreciated at least seventy per cent (70%) of its orig- inal value, the reports of such de- partments being hereto attached and made a part hereof; and, Whereas, this Council heretofore appointed a committee of three dis- interested persons to make a thor- ough investigation of said building and report their findings to the Council, the same to act in con- junction with the Building Commis- sioner; and, Whereas, said committee has filed its report and recommends that said building be condemned as a nuis- ance, said report being hereto at- tached and made a part hereof: Now, Therefore: Be It Resolved by the Council of the City of Dubuque, that the Build- ing Commissioner be and he is here- by directed to cause to be served upon said Henry Pfotzer and Ida Dement, the owners of the building . herein described, a written notice commanding them to appear before this Council at a meeting thereof to be held at 7:30 o'clock P. M. on Tuesday, January 2, 1934, in the Council Chamber at the City Hall and to show cause why said build- ing shall not be declared a nuisance. Passed, adopted and approved this. 26th day of December, 1933. M. R. KANE, Councilmen. 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 and Thompson. Nays —None. Ordinance No. 13 -33. An ordin- ance amending Ordinance No. 11- 33, entitled, "An Ordinance provid- ing for the issuance of $16,000 Sewer Bonds, providing for the levy of taxes to pay the same and declaring an emergency," so as to provide for a sufficient tax levy in the year 1934 to pay interest due and payable in 1934 and 1935, and declaring an emergency," presented and read. Councilman Schuckert moved t hat the reading just had be considered the first reading of the ordinance. Seconded by Councilman McEvoy. Carried by the following vote: Yeas — Mayor Kane, Councilm..a 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. Verbal report of City Solicitor Czizek recommending the accept- ance of the Warranty Deed of Clive W. Lacy and Mona M. Lacy, his wife, to the City of Dubuque, con- veying Mineral Lots Nos. 298, 299 and 300 in the County of Dubuque, State of Iowa, according to Alex. Anderson's map of the Mineral Lots of Julien Township and Vicinity, and all additions and accretions thereto, subject to the easement granted to the Inter -Power Company of Grant County, Wisconsin, its suc- cessors, associates and assigns, and also recommending that a warrant in the amount of $5,000.00 be order- ed on the General Fund, payable at once, and also that a warrant in the amount of $4,750.00 be ordered drawn bearing 5% interest payable when funds are available, and also that a warrant in the amount of $250.00 be ordered drawn bearing 5% interest payable when funds are available and when delinquent tax- es have been paid, said warrants to be made payable to John H. Maclay, Agent, for Clive W. and Mona M. Lacy, presented. Councilman McEvoy moved t hat the recommendation of City Solic- itor Czizek be approved and war- rants ordered drawn in the various amounts as recommended. Seconded by Councilman Thompson. Carried by the following vote: Yeas — Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson. Nays —None. Councilman Thompson moved that the request of Joseph Jeannetaud, that he be reimbursed for a strip of ground taken by the City of Du- buque for the rounding of the cor- ner at Julien Avenue and West Eighth Street, be referred to the City Manager to ascertain the amount requested for the use of said 308 Special Session, December 26th, 1933 strip of ground. Seconded by Coun- cilman Andelfinger. Carried 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 Schuckert. Carried by the following vote: Yeas — Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson. Nays —None. Approved 1934. Adopted 1934. Councilmen j J. J. SHEA, City Clerk. Attest: .... _...... ................_...._._ City Clerk.