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1937 January Council ProceedingsRegular Session, January 4th, 1937 COUNCIL Offlclal) Regular Session, January 4th, 1937. Council met at 8:10 P: M. Present-Mayor Jaeger, Council- men Benncht, Chalmers, Kane, Schiltz, City Manager Evans. Jaeger stated that this is Mayor ular monthly meeting of the ,the reg City Council for the purpose of act ing upon such business as may pro perly come before the mee Communication of League of Iowa Municipalities inclosing a resolution for the employing of Mr. Frank Pierce to furnish the City of Du• buque with legislative reports for the year 1937, presented and read. Councilman Bennett moved to re- on. Receive and file the communicat Seconded by Councilman Schiltz. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. Communication of F. R: White, Chief Engineer, Iowa State Highway Commission, advising the City Coun- cil that the Commission is of the opinion that the better way to han- dle the traffic at the intersection of Central Avenue and Twenty-second Street and Kaufman Avenue is tc in- stall aStop and Go light and that until such time as the City may be able financially to install such Stop and Go light that they would suggest that traffic at this intersec- 14, tion be controlled by a traffic police- man during rush periods, presented and read. Councilman Chalmers moved to re- ceive and file the communication. Seconded by Councilman Schiltz. Carried by the following vote: Yeas-Mayor Jaeger, Councilman Bennett, Chalmers, Kane, Schiltz. 3 Nays-None. Communication of Dubuque Trades and Labor Congress advising the City Council that the Dubuque Trades and Labor Congress are bath of the Dock Commission 100% with regards to the City purchasing a dredge, presented and read. Councilman Bennett moved to re- ceive and file the communication. Seconded by Councilman Schiltz. Carried by the following votE: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. Communication of Dubuque Traf- fit Association requesting that the City of ~ Dubuque subscribe the amount of $60.00 as mtmtbership dues in the Association for the year 1937, presented and read: City Manager Evans recommend- ing that the amount of $50.00 be sub scribed to the Dubuque Traffic As- sociation as membership dues and that said amount of $50:00 be Pald from the City Water Department Funds. Councilman Chalmers moved that the recommendation of City Mana ger Evans be approved and that a warrant in tho amount of $50.00 be ordereed drawn on the City Water Department Funds to cover the amount of membership dues in the Dubuque Traffic Association. Second ed by Councilman Schiltz. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz: Nays-None. Petition of N. J. Hingtgen request- ing that the Local Business District be extended to include the property known as Number 61 West 32nd Street, presented and read: Councilman Bennett moved to re fer the petition to the Planning and Zoning Commission for their recom mendation and report. Seconded by Councilman Schiltz. Carried by the fallowing vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. Petition of Mrs. Elizabeth Scheck- el et al requesting that bus ser- vice be extended on Bennett Street, McCormick Street and Algona Street and also that a street light be in- stalled between Algona Street and McCormick Street, presented and read. Councilman Kane moved that the request for extension of bus service an Bennett Street, McCormick Street and Algona Street be referred to the City Manager to confer with the of- ficials of the Interstate Power Com- pany and that the request for the installation of a street light between Algona Street and McCormick Street be referred to the City Council. Sec- onded by Councilman Chalmers. Car- ried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-Nona. Petition of Mrs. Irene Spiegelhalt er, referred to the City Council by the Board of Supervisors, request ing cancellation of the 1933, 1934 and 1935 taxes on Lot 2 of 108 in Cox's Addition, presented and read. Councilman Chalmers moved that the request be denied and the Board of Stpervisors to be notified of the action of the City Council. Second ed by Councilman Scltiltz. Carried by the following vote: Yeas-Mayor Jaeger; Councilmen 2 Regular Session, January 4th, 1937 t ning Board, submitting a proposed t agreement between the City of Du- t buque and the Iowa State Planning d Board for a survey of the conditions e and problems in the City of Dubuque, y Iowa, presented and read. he Bennett, Chalmers, Kane, Schiltz. Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. Petition of Julia E. Kemler re• questing the City to accept the pay- ment of the principal as full settle ment of the delinquent special as• sessment levied against the east half of north 88 feet of Lot 783 in A, Mc- Daniel's Sub. for the installation of gas connecctions, presented and read. Miss Julia E. Kemler addressed the Council requesting that the pray er of her petition be granted. Councilman Kane moved that Miss Julia E. Kemler be granted pErmis- sion to pay the principal of the de- linquent special assessment plus ad• vertising costs, levied against the east half of north 88 feet of Lot 783 in A. McDaniel's Sub., for gas connections, Fund No. 718, the bal• ante of penalties and interest to be waived, and the County Treasurer to be instructed accordingly. Second• ea by Councilman Chalmers, Car• ried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. Communication of Dubuque Trades and Labor Congress submitting reso- lution adopted by their organization ParkoBoardhtoCtake suchlst pstas may be necessary to provide the funds necessary far the holding of band concerts at the Eagle Point Parlc during the summer months of the year 1937 and for each year thereafter, presented and read, Councilman Kane moved to refer the communication to the City Coun• cil to be taken up for consideration at the time the budget is being pre pared. Seconded by Councilman Ben• nett. Carried by the following vote. Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. Communication of 0. J, Baldwin, Chief Engineer of Iowa State Plan• Councilman Bennett moved that the Agreement be approved and the e City Manager authorized to execute r the same on behalf of the City of Dubuque. Seconded by Councilman r Schiltz. Carried by the following o vote: y Yeas-Mayor Jaeger, Councilmen Nays-None, Regular Session, January 4th, 1937 Dubuque, Iowa, January 4th, 1937. Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: 1, In accordance with the $192,• 000,00 bonds of your city which be• come due February 1, 1937, this is to advise that we will furnish your city with a sufficient amount of nroney to paY these bonds to the }, , present holders on the due date, we ;y ,1;;' to retain the bonds uncancelled un• til such time as refunding opera' ~ bons are necessary, 2, We further agree to carry the warrants which it might be neces• sary for your city to issue up to and including March 31, 1937, and the warrants are to bear interest at _ 2~/z%• 3. We further agree to furnish your city with money to talre up special assessment bonds which are due April 1, 1937, 4, We' also agree, if necessary, to work out a plan whereby the sink- ing fund can be reimbursed on the { money which was loaned to the fire fund and the general fund. Tn connection with the above men- p boned items, we are to be given the I privilege of refunding the bonds or securing a judgment against the city on warrants or special assessment Bonds and exchanging said judgment or bonds into Funding or Refund- ing Bands at an interest rate of 3%, the refunding operations and fund- ing operations to be made approxi-. mately April 1, 1937, the maturities of the bonds to be made mutually agreeable. The Refunding Bonds and Funding Bonds are to be made on an exchange basis at par for par, and adjustments and interest with us are to be made at the time the transaction is completed. We further agree to take care of all. legal proceedings necessary to refund said bonds and judgments, and wE also agree to pay for attor- neys' opinion of Chapman and Cut- ler, of Chicago, Illinoie, and print the bonds for the city, all without charge, The city is to cooperate with us in furnishing sufficient data to pro• vide information necessary to secure the legal opinion of Chapman and Cutler. Respectfully submitted, WHITE-PHILLIPS CORP, By; S, A. Beck. The above and foregoing proposi- tion is hereby accepted this 4th day of January, 1937. City of Dubuque, Iowa. F, M, Jaeger, Mayor. Attest: J. J, Shea, City Clerk. Councilman Kane moved that the proposal of the White•~Phillips Cor• poratton be accepted and the Mayor and City Clerk authorized to eaie• cute the same on behalf of the City of Dubuque, Iowa. Seconded by Councilman Chalmers, Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None, Communications of Sanitary Offi• ter, Chief Department of Fire and Building Commissioner submitting reports recommending that the old barn owned by Anna Long located at 2608 Central Avenue on Lot 268 of Davis Farm Addition be declared a nuisance and condemned, present- ed and read. Councilman Schiltz moved to re• fer the communications to the City Council to view the grounds. Sec• onded liy Councilman Bennett. Car• ried by the following vote; Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane,. Schiltz. Nays=None, December' 30, 1936. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen:. This is to advise that I have approved the following bdnds and policies and desire to have your approval on same for filing: EXCAVATION A. J. Levan, 2239 Central Avenue -Policy No, LBI 1013, Eagle Indem• nity Co. SIGNS A. G. Sommerfeld, et al, 668 Iowa Sfreet~Policy No. C. L: I. 2631, Co• lumbia Casualty Co, Appel-Higley Electric Co., 962 Main Street-Policy No, GLN 803269, New York Casualty Co, Raehl-Phillips Furniture Co., 653• 661 Main Street -Policy No. IHP 8414814, The Travelers Ins. Co. Feye Brothers, 646 Central Ave- nue-Bond No. 114848, Western Sur• ety Co, Max Berk, 611 Main Street-Coh• tinental Casualty Co. Trausch Baking Co.,. signs at fol• lowing locations: Flanigan Grocery Store, 2649 Windsor Ave.; Reuter Grocery Store, 2618 Windsor Ave.; Trausch Baking Co., 1130 Iowa St. -Policy No. ML 4780, The Ohio Casualty Ins. Co. Army's Recreation, 398 Main St.- Policy No. IGB 3339, Standard Ac• cident Ins. Co. L. L. Coryell & Sons, Inc., 7th and Iowa Sts.-Policy No. 2223176, American Motorists Ina, Co, Respectfully submitted, R. M. EVANS, City Manager. Bennett, Chalmers, Kane, Schiltz. Nays-None. Communication of Mrs. Catherine Weber desiring to know whether the City of Dubuque will grant her per• mission to pay the delinquent spe cial assessment levied against her property for the paving of Pierce Street in small payments instead oY being required to pay the total amount in one payment, presented and read. Councilman Bennett moved to re• fEr the communicatien to the City Manager far investigation and re• port. Seconded by Councilman Schiltz. Carried by the following vote: Xeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. Petition of Edward J. Farrell driv- er of city aprbulance,, Joseph F. Cor• 'ell superintendent of fire alarms and A, J. Strohmeyer assistant su• perintendent of fire alarms, request- ing that the City Council declare that they be entitled to Civil Service Status and Pension Rights, present- ed and read. Councilman Bennett moved to sus- pend the rules for the purpose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Second- ed by Councilman Chalmers, Car- ried by the following vote: Yeas-Mayor Jaegea', Councilmen Bennett, Chalmers, Kane, Schiltz, Nays-None. Attorney Eugene H, Reilly address- ed the Council requesting that the prayer of the petitioners be granted. Councilman Kane moved to refer the petition to the City Council. Sec• owded by Councilman Chalmers. Car- ried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz, Nays-None. Petition of Alfred H. Richard et al requesting that Abbott Street be ex tended from Lowell Street to Sem inary Street and also requesting the Lowell and Woodward Streets be no included in the list of streets se aside for coasting and also that sai streets be kept free from excessiv snow drifts and that during is weather that said streets be cind erect, presented and read. Mr. John C. Cullen addressed th Council requesting that the praye of the petition be granted, Councilman Kane moved to refe the petition to the City Council t vie`v the grounds. Seconded b Councilman, Schiltz. Carried by t following vote: Regular Session, January 4th, 1937 Councilman Chalmers moved that the bonds and policies be approved and placed on file. Seconded by Councilman Schiltz. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. Jan• 2, 1937. Honorable Mayor and City Council, Dubuque, Icwa• Gentlemen: Attached are two copies of certain traffic records per• taining to our City for 1936 and also for certain prior years. This infor• motion is outlined on the basis of requirements from the National Safe- ty Council. One copy includes year- ly total traffic accidents with the division of fatal, non-fatal and pro- perty damage; also deaths, as to how happened and ages of persons killed; also traffic injuries as to how happened and ages of injured. The other copy outlines total yearly traffic arrests of violations and also the convictions of said arrests. This is for the information of the City Council, It may not be neces- sary to file these reports on the Council records, as other fiscal re- ports will be made in three months, and it is now planned to publish the same in our new 1936.37 Annual Fiscal Report. Full copies ate on record in my office. From a recent study of former calendar yearly Safety Council re- cords and also a teu month record of 1936, it still appears that the City of Dubuque has been in past years and still is only approximate• ly 50% as high in traffic deaths as the average of U. S• cities of popu- lation from 25,000 to 50,000. Respectfully submitted, R. M• EVANS, City Manager. Councilman Bennett moved that the communication of City Manager Evans be received and filed. Sec- onded by Councilman Schiltz• Car- ried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. Resolution No. 1-37 Resohrtion for return of portions of temporary $75,000.00 transfer to the General Bond Sinking Fund. Whereas, by Resolution No, 5-34, as adopted by the City Council of Dubuque, Iowa, on January 15, 1934, a request was made to the State Comptroller for the right to tem- porarily transfer from the General Bonded Sinking Fund $75,000.00 in- cluding $55,000.00 to the Consolidat- ed Fund and $20,000.00 to the Fire Maintenance Fund for the purpose Regular Session, January 4th, 1937 S December, 1936, prior taxes and al- Councilman Kane moved to adjourn. so the same percentage of 1936r yesti Car~iedeby he f (lowing vote~mers, taxes paid in December, mated at approximately $2,650.00, Yeas-Mayor Jaeger, Councilmen shalt be distributed and then said Bennett, Chalmers, Kane, Schiltz. entire amounts of prior taxes shall Nays-None. J. J, SHEA, be returned to the General Bonded City Clerk. Sinking Fund as part payment of (. the temporary January, 1934, trans- Approved ....................•.,...••.•.•...•••1937. • fer equal to $20,000.00. ;'°• To the GENERAL BONDED SINK• ING FUND, $8,568.02, including April Adopted ......•.........•.....•.•.••••••••••••••1937. ...r. rior taxes and y~•,, to December, 1936, p ;f also the same percentage of prior "....•• .........................•.•...... year taxes paid in December, 1936, estimated at approximately $3,648.00, sh(B)boAfter dJanuary 25~ 937~uthe City Council of Dubuque, Iowa, she 1 Counc men: attempt to provide for the return of e remaining transfers due to e General Bonded Sinking Fund, in- cludipg estimated amounts from the ••.•.••••••••••••••••••••••••••••••••••• Consolidated Fund, $20,780.79, and • from the Fire Maintenance Fund, ptteet : ........................................•,•••••••• $6,131.39. Clty Clerk. Be It Further Resolved that the City Treasurer and City Auditor be and they -are hereby directed to make the transfers from prior years' taxes in accordance with the provis• ions hereof. Passed, adopted and approved this 4th day of J F u~ yJAEGER, Mayor. JOHN K. CHALMERS, M. R• KANE, PETER SCHILTZ, A• M. BENNETT, Councilmen. Attest: J• J. SHEA, City Clerk. Councilman Kane moved the adop- tion of the resolution• Seconded by Councilman Bennett• Carried by the fallowing vote: Yeas-Maym~ Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. Petition of Board of Commission- ers of Department of Public Docks for the issuance of Bock Bonds un the amount of $30,000.00, presented and read. Mr. John Kerper address- ed the Council relative to the peti• tion of the Board of Commissioners of Department of Public Docks re• questing the issuance of Dock Bands in the amount of $30,000.00. Councilman I{one moved that the petition be approved and the proper • proceedings ordered prepared for the issuance of Dock Bonds in the amount of $30,000.00. Seconded by Councilman. Chalmers. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, I{one, Schiltz• Nays-None. There being no further business, of making possible the operation of the City of Dubuque, due to the; to• tal delinquency in tax collections from 1929 to 1933, inclusive, equal to $201,336.05; and Whereas, by a letter dated Jan• uary 16, 1934, the State Comptroller approved this temporary transfer of a total of $75,000.00 on the beefs of returning the entire $75,000.00 within one year; and Whereas, since the request of the temporary transfer was authorized by the State Comptroller, the com- bined current and delinquent tax col- lections in each year have' not yet equalled even the total current yearly levies; and Whereas, in April, 1936, 25%n of the $75,000.00 transfer was au- thorized by the City Council to be returned to the General Bonded Sink- ing Fund, including $13,750.00 from the 19367 current taxes of the Con- solidated Fund and $5,000,00 from the 1936.7 current taxes of the Firo Maintenance Fund; and Whereas, there is now an author• ized temporary deposit in a separate fund, of all prior year taxes received by the City of Dubuque during the months of April, 1936, to December, 193G, inclusive, in the total sum of $37,541.29; and Whereas, by instructions from the State Comptroller, dated December 23, 1936, definite action must be tak• en for the remaining balance of the complete returns of the transfer o4 $76,000.00: now, therefore, Be it resolved by the City Council of the City of Dubuque, Dubuque County, Iowa, that tho following ac- tion shall be performed; (A) That the present separate fund of prior year taxes, as received by the City from April to Decem• ber, 1936, including a total eam of $37,541.29 and also the entire amount of prior year taxes, as• collected by the County officials in the month of December, 1936, which will be received by the City in January, 1937,, estimated at approximately $16,000.00, shall both be distributed definitely on the basis of prior year levies, as follows: To the CONSOLIDATED FUND, $14,352.21, including Apri] to Decem- ber, 193G, prior taxes and also the same Percentage of prior year taxes paid in December, 1936, estimated at approximately $6,117.00, shall be dis- tributed and then said Entire amounts of prior taxes shall be re- turned to the General Bonded Sink• ing Fund as part payment of the temporary January, 1934, transfer equal to $55,000.00. To the FIRE MAINTENANCE FUND, $6,218.G1, including April to 6 Special Session, January 1Sth, 1937 (Official,) Special Session, January 15th, 1937. Council met at 4;45 P, M. .Present-Mayor Jaeger, Council- men Bennett, Chalmers, Kane, Schiltz, City Manager Evans, Meeting called by order of Coun- cilmen Kane and Chalmers. Notice and Call of Special Meeting of the City of Dubuque, January 14th, 1937. To F. M. Jaeger, Mayor. You are hereby notified and there is hereby called a sPeoial meeting of the City Council 'of the City of Dubuque to be held at 4:30 P. M. on January 15th, 1937, at the coun- cil chamber in said city. •At this meeting there will be considered a petition of the Board of Dock Com- missioners requesting the City Coun- cil to issue Dock Bonds of said City in the sum of thirty thousand dol- lars ($30,000.00). If said petition be approved, then a resolution, will be introduced en- titled: "Resolution proposing a sup- plements] estimate of dock fund tax- es;' and a further resolution will be introduced entitled: "Resolution to fix a date at which dt is proposed to tylcthousand dollare($30,000.00)fDoclc Bonds," Such other business will be trans- acted as may properly came before a regular meeting of the City Council. Dated this 14th day of January, 1937. M. R. KANE, JOHN K, CHALMERS, Councilmen. Record of Meeting of Dock Board, January 8, 1937, The Dock Board of the City of Du• buque, Dubuque County, Iowa, met in regular session at its office in the City Hall in said city at 7:30 P, M, The meeting was called to order, and there were present Presley S. Pa`vkes, president, in the chair, and the following named commissioners: John A, Kerper, secretary, and Al- bert Wharton, commissioner. Ab°• sent-None. The Board discussed the amend- ment to, enlarging and changing of the comprehensive genera] plan for the improvement of the harbor and waterfront under its jurisdiction, heretofore adopted and on file in its office, and it was determined to amend, change and enlarge such plan by including therein the exten- sion of the levee, the erection of a dry dock in the harbor, and the dredging of the harbor and the pur- chase of property far such purposes. The matter of financing the cost of such works and improvements, to- gether with the purchasing of such property as may be necessary for said purposes, was considered. Commissioner Wharton introduced and caused to be read the resolution attached hereto, entitled: "Resolu- tion for ~a petition to the City Coun- cil of the City of Dubuque for the issuance of bonds;' and moved its adoption; seconded by Commission- er Kerper, After due consideration of the resolution of the Dock Board, the President put the question on the motion, and upon the roll being called, the following voted: Ayes-Fawkes, Kerper, Wharton. Noyes-None. Whereupon the President declared said resolution duly adopted. Upon motion and vote the meeting adjourned. J. J, I{ERPER, Secretary of the Dock Board, Resolution No, 2--37 RESOLUTION FOR A PETITION TO THE CITY COUNCIL OF THE CITY OF DUBUQUE FOR THE ISSUANCE OF BONDS, Whereas, this Dock Board of the City of Dubuque, Dubuque County, Iowa, has heretofore, pursuant to the provisions of Chapter 303 of the Code of Iowa 1935, caused to be pre- pared acomprehensive general plan for the improvement of the harbor and waterfront of said city by malt- ing proNision for the needs of com- merce and shipping, and in accord- ance therewith has constructed cer- tain docks, wharves, piers, cranes, dock apparatus and machinery equipment as were deemed neces- sary for the convenient and accu• rate accommodation and handling of water craft of all kinds; and Whereas, it is now found neces- sary to amend, change and enlarge said plan so as to more fully accom- plish the purposes of the general plan by constructing extensions to the levee at and near said docks, build and construct a dry dock in the harbor, dredge and clear the har- bor of silt and refuse and to pur• chase the necessary machinery and equipment for such purposes; and Whereas, estimates have been pre• pared and filed with this Dock Board showing the aggregate cost of such works and improvements together with the purchasing of such prop- erty as may be necessary for said Special Session, January 1Sth, 1937 ;purpose, and it has been determined that s thousand dolls s (($30,000 00) f ~Ehirty and Whereas, this Dock Board deems it necessary and advisable that ,bonds of said City of Dubuque be ~~ issued for the purpose of construct- ing such works and improvements `rj~. together with the purchasing of such r ='~ ^' ~ .property as may be necessary there• for, all as contemplated by said gen- eral plan, as amended, changed and enlarged: Now, herefere, L _ B ofl theeC ty ofbDubuq DocDubuque County, Iowa, as follows: Section L That this Dock Board petition the City Counail of said City of Dubuque to issue bonds of said city in the principal amount of thirty thousand dollars ($30,000.00) for the purpose of constructing the works and im- provements hereinbefore referred to and purchasing such property as may be necessary for such purposes, said petition to be in substantially the fallowing form: "To the honorable City Counail of the City of Dubuque, Dubuque County, Iowa: The undersigned Commissioners of Public Docks constituting the Dock Board of the City of Dubuque, Dubuque County, Iowa, hereby peti• tion your honorable body to issue the bonds of said city in the prin• oipal sum of thirty thousand dollars ($30,000.00) for the purpose of im- proving the harbor and waterfront of said city for making provisions for the needs of commerce and ship- ping by constructing extensions to ' the levee at and near the public docks, and by building and con- structing adry dock in the harbor, and dredging and cleaning the har- bor of silt and refuse, and to pur- chase the necessary machinery and equipment for such purposes, all as contemplated by the comprehensive general plan of said Dock Board, ae amended, changed and eularged." Section 2, That each of the commissioners constituting this Dock Board is here• by authorized and directed to sign said petition and that the Secretary is hereby authorized and directed to file said petition with the City Coun- cil of said city. Section 3, That this resolution be effective immediately upon its passage and that al] resolutions or parts of reso- lutions and petitions to conflict here- with be, and the same are hereby repealed, P. S. FAWKES, President and Commissioner. J. A. KERPER, Secretary and Commissioner, ALBERT WHARTON, Commissioner. State of Iowa ss Dubuque County I, the undersigned, Secretary of the Doclc Board of the City of Du- buque in the county aforesaid, do hereby certify that attached hereto is a true, correct and complete copy of the records of the meeting of the said Dock Board on January 8th, 1937, and of the resolution thereto adopted insofar as the same relatee to the petitioning of the City Coun- cil of said city to issue bonds of said city in the principal amount of thir• ty thousand dollars ($30,000.00), none of which proceedings have since been amended, revoked or re• pealed, Witness my offioial signatµre at Dubuque, Iowa, this 8th day of Jan• uary, 1937, J. A, KERPER, Secretary. Councilman Chalmers moved that the resolution be received and made a matter of record, Seconded by Councilman Schiltz. Carried by the following vote; Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz, . Nays-None. To the Honorable City Council of the City of Dubuque, Dubuque County, Towa: The undersigned Commissioners oP Public Docks constituting the Dock Board of the City of Dubuque, Du• buque County, Iowa, hereby petition your honorable body to issue the bonds of said city in the principal sum of thirty thousand dollars ($30,000.00) for the purpose of im• proving the harbor and waterfront of said city for making provis~iona for the needs of commerce and ship• ping by constructing extensions to the levee at and near the public docks, and by building and con• structing a dry dock in the harbor, and dredging and cleaning the har- bor of silt and refuse, and to pur- chase the necessary machinery and equipment for such purposes, all as contemplated by the comprehensive 8 Special Session, January 15th, 1937 general plan of sa4d Dock Board, as amended, changed and enlarged. DOCK BOARD OF THE CITY OF DUBUQUE: P. S. FAWKES, President and Commissioner, J. A. KERPER, Secretary and Commissioner ALBERT WHARTON, Commissioner, Filed with the City Council of the City of Dubuque, Iowa, on January 14th, 1937. J, J, SHEA, City Clerk, Councilman Chalmers moved that the petition be received and made a matter of record. Seconded by Councilman Schiltz, Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None, Resolution No. 3-37 RESOLUTION PROPOSING A SUP- PLEMENTAL ESTIMATE OF DOCK FUND TAXES. Whereas, this City Council of the City of Dubuque, in the County of Dubuque 'and State of Iowa, a city situated on a navigable waterway in said state, heretofore pursuant to and in strict compliance with all laws applicable and particularly Chapter 303 of the Code of Iowa 1935, has lawfully created a Depart- ment of Public Docks to be adm~in• istered by the Dock Board of said city; and Whereas, said Dock Board has caused to be prepared a comprehen- sive general plan for the improve- ment of the harbor and waterfront of said city, which plan has been amended, enlarged and changed so as to provide for additional improve- ments, and has petitioned this City Council to tissue the bonds of said city in the principal amount of thir- ty thousand dollars ($30,000.00) far the purpose of constructing the works anti improvements and pur- chasing property to be used in con- nection therewith; and Whereas, it is deemed necessary and advisable that said bonds be issued at this time and tit has been found that by the issuance of said bonds in the principal sum of thirty thousand dollars ($30,000.00) said city will not thereby become indebt• ed in excess of any constitutional or statutory limits of indebtedness or taxabion; and Whereas, it is necessary and ad- vieatile to make provision for the payment of said bonds and to make a supplemental estimate for taxes for future years, pursuant to the provisions of Chapter 24 of the Code of Iowa 1935: Now, Therefore, Be It Resolved by the City Council of the City of Dubuque, Iowa: Section 1. That a supplemental estimate for the levy of taxes for each of the years 1937 to 1944 inclusive be made as follows: that in pursuance of Paragraph 11 of Section 5902 of the Code of Towa 1935 there be levied, assessed and collected a direct, spe• cial annual tax upon all the taxable property within said city for each of the years 1937 to 1944 inclusive, suf- ficient to produce the net annual sums as hereinafter provided, Section 2. Said taxes shall be collected each year at the same time and in the same manner as and with and in addition to all other taxes in and for said city, and ,when collected shall be converted into a special fund, Section 3. That this Council meet on the 1st day of February, 1937, at the council chamber in the City Hall within said city at 7:30 P, M., at which time and place any person subject to such tax shall be heard in favor of or against the same or any part there- of. Section 4. That the Mayor and City Cler]c are hereby directed to give notice of said supplemental estimate, set- ting forth the time when and the place where said hearing will be held, by publication at least ten days before said hearing in the Tele• graph-Herald, a newspaper publish- ed in said city. Said notice shall be yin substantially the following form; NOTICE OF SUPPLEMENTAL ESTIMATE, The City Council of the City of Dubuque, Dubuque County, Iowa, will meet on the 1st day of Feb- ruary, 1937, at the council chamber in the City Hall, Dubuque, Iowa, at 7:30 P, M., at which time and place taxpayers will be heard for and against the following estimate for levies of taxes for future years. The proceeds from said taxes will be used to pay the principal and in- terest on bonds issued for dock pur- poses as the same respectively ma- ture and in accordance with a peti- tion filed with said City Council by the Dock Board of said city, Special Session,, anuary 15th, 1937 9 year Collected Year and Amount, e= Levied. Expended. 1937 ........................$ 525.00 y 1937 193E ........................1,575.00 1938 1939 ........................1,050.00 1939 1940 ...........:............ 6,050.00 1940 1941 ........................ 5,875.00 `~ 1941 1942 ........................5,700.00 . 1942 1943 ........................ 5,525,00 1943 1944 ........................ 5,350,00 t,,,Y 1944 1945 ........................5,175.00 °~` By order of the City Council of the City of Dubuque, Iowa. ;; F, M. JAEGER, Attest: J, J. CHY Clerk, Mayor. Section 5, That the City Clerk is hereby d~i- rected to file verified proof of the o cecaofo thef Auditor oofceDubuque County, Iowa, Section 6, That this resolution be in force and 'effect immediately upon its pas- sage and approval. Passed and ap• proved this 15th day of January, 1937. 'F. M. JAEGER, Mayor. JOHN K. CHALMERS, M. R. KANE, PETER SCHILTZ, A. 114. BENNETT, Councilmen. Attest: J. J. SHEA, City Clerk. Recorded January 16th, 1937, J, J. SHEA, Gity Clerk, Councilman Bennett moved the adoption of the resolution, Second- ed by Councilman Schiltz, Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None, Resolution No. 4-37. RESOLUTION TO FIX A DATE OF MEETING AT WHICH IT IS PROPOSED TO TAKE ACTION FOR THE ISSUANCE OF THIR- TY THOUSAND DOLLAR DOCK BONDS. Whereas, the Dock Board of the City of Dubuque in the County of Dubuque and State of Iowa, has peti- tioned this City Council of said city to tissue bonds of said city in the principal amount of thirty thousand dollars ($30,000.00) for the purpose of constructing works and improve- ments for the harbor and water- front in said city and the purchase of property for said purpose; and Whereas, it is deemed advisable and for the beat interests of said city that said bonds be issued at this time: Now, Therefore, Be It Reselved by the Gity Council of the City of Dubuque as follows: Section 1. That this Council meet at the council chamber in the, City Hall within said city on the 1st day of February, 1937, at 7:30 P. M., at which time and place proceedings will be instituted and action taken for the issuance of thirty thousand dollar ($30,OOOAO) Dock Bonds of said city for the purpose of con- structing works and improvements for the harbor and waterfront in said city and far the purchase of property for said purpose. Sec. 2. The City Clerk is hereby directed to give notice of proposed action for the issuance of said bands, setting forth the amount and purpose thereof, the limo and the place where said meeting will be Held, by publication at least once for at least ten days before said meeting, in the Telegraph•Herald, a newspaper of general circulation within said city; said notice shall be in substantially the following form: NOTICE OF MEETING FOR ISSU- ANCE OF DOCK BONDS, The City Council of the City of Dubuque, Dubuque County, Iowa, will meet on the 1st day of Feb- ruary, 1937, at the. council chamber in the City Hall, Dubuque, Iowa, at 7:30 P. M., for the purpose of insti- tuting proceedings and taking action for the issuance of thirty thousand dollar ($30,000.00) Dock Bonds of said city for the purpose of con• strucbing works and improvements for the harbor and waterfront in said city and the purchase of prop- ' erty for said pnrpose. At any time before the date of said meeting, five or more taxpayers may file a peti- tion in the office of the City Clerk setting forth their objections there- to. By order of the City Council, Jan- uary 15th, 1937. J, J. SHEA, City Clerk. Sec. 3. That all resolutions or petibions thereof in conflict here- with be, and the same are hereby repealed, and this resolution shall be effective forthwith upon its pas- sage and approvah 10 Special Session, January 15th, 1937 Passed and approved January 15th, 1937• F• M. JAEGER,Mayor• JOHN K. CHALMERS, M. R. KANE, PETER SCHILTZ, A• M. BENNETT, Councilmen. Attest: J• J• SHY Clerk, Recorded January 16th, 1937• J. J. SHEA, City Clerk, Councilman Schiltz moved the adoption of the resolution. Seconded by Councilman Chalmers. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. 1937. January 6, Mr. R. M. Evans, City Manager, Dubuque, Iowa. Dear Mr•, Evans: I am in receipt of your letter of January 5 with statement of approx- imate amount of delinquent tax col, returnsto the Bond eS eking 1Fund Maintenance Funds bydJanuaryF25. I hereby approve the transfer of all delinquent taxes belonging to the Consolidated and Fire Ma:inten- ance Funds received April 1 to De• cember 1, 1936, and now held in a separate account together with like taxes collected by the County dur- ing December, 1936, or after that time if received before January 25, 1937. As soon as you know definitely the exact amount of delinquent taxes placed in the two funds involved and then returned to the Bond Fund, ]cindly advise this office together with the source the remanning mon• ey due the Bond Fund is obtained. You may attach this letter to your copy of Resolution No. 1-1937. Very truly yours, C. B. MURTAGH, State Comptroller. Councilman Bennett moved that the communication be made a mat, ter of record. Seconded by Council, man Schiltz• Carried by the follow- ing vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz• Naps-None, Petition of John Schaetzle request- ing arefund on his cigarette permdt, as due to fire loss he has discon- tinued his cigarette business, pre, seated and read. Councilman Schiltz moved that the request be granted and that warrant in the amount of $25.00 b ordered drawn on the City Tress urer in favor of John Schaetzle to cover the amount of refund. Sec- onded by Councilman Bennett- Car- ried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. Petition of St• Mary's Church Cm•• poration requesting permission to erect n canvas banner across Blain Street for the purpose of advertising a festival, presented and read. Councilman Schiltz moved that the request be granted. Seconded by Councilman Bennett. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz• Nays-None. Petition of Arthur J. Meyer et al., requesting that a street bight be in- stalled in the 1800 block on Custer Street, presented and read. Councilman Chalmers moved to refer the petition to the City Coun• cil to'view the grounds. Seconded by Councilman Schiltz• Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. Petition of Mrs. Hycintha Lehner requesting that the property located at 511 Garfield Avenue'be rezoned from a residential district to a busi- ness district, Presented and read. Councilman Schiltz moved to re- fer the petition to the Planning and Zoning Commission for their recom- mendation and report. Seconded by Councilman Chalmers- Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz• Nays-None, Petition of M. R. Jaeger et al., residents and property owners on Bennett Street, requesting the City Council to preserve the ideal coast- ing place for children and grown- ups, and advising that they object to buses on Bennett Street, present- ed and read. Councilman Bennett moved that the former petition of Mrs. Elizabeth Scheckel et al. requesting bus ser- vice on Bennett Street, McCormick Street and Algona Street be received and filed and that the present peti- tion of M• R• Jaeger et al. objecting to bus service on Bennett Street be approved, Seconded by Councilman Schiltz. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz, Nays-None, Communication of Interstate Pow• er Company advising Council that a in October, 1933, a petition was re• e ceived requesting bus eervice an • Bennett Street and also advising Special Session, January 15th, 1937 11 douncil that a petition was received at that time from the property own- ers objecting to bus service on said Bennett Street and also calling the attention of the City Council that Bennett Street is one of the streets set aside for coasting and which would prevent the operation of bus- es over this street, presented and read. Councilman Bennett moved to re- ceive and file the communication. Seconded by Councilman Schiltz. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. `,~*'y Nays-None. Petition of Triangle Hatchery re• ~; questing permission to erect a poul- try brooder house on the vacant lot at 14th and Central Avenue, across the street from their place of busi- ness, presented and read, Councilman Chalmers moved that the request be denied. Seconded by Councilman Kane. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz• Nays-None. Petition of Walter W. and Rebec- ca L• Paisley requesting the City Council to accept the amount of $40.00 for the release and surrender of the tax sale certificate held by the City of Dubuque against Lot 2 of the Sub• of Lot 23 in Grandview Heights Addition, presented and read. Councihnan Chalmers moved to refer the petition to the City Solic- itor and City Engineer for investiga- tion and report, Seconded by Coun• Gilman Schiltz• Carried by the fol- lowing vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, I{one, Schiltz. Nays-None. ~ Petitions of St. Joseph Mercy Hos- pital, referred to the City Council by the Board of Supervisors, re• questing that Clara Street, Augusta Street, and that part of Peabody Street beginning at the west line of -Augusta Street and ending at the east line of Lot 2 of 1 of Out Lot 731, and the alley as platted in Agnes I,angworthy's Subdivision and lying between Peabody and Clara Streets be omitted from assessment as exempt from taxatio^ beginning with the year 1937 and also request- ing that Lot 2 of 2 of Mineral Lot 66 be omitted from assessment as exempt from taxation, presented and read, Councilman Schiltz moved to refer the petitions to the City Solicitor for investigation and report. Seconded by Councilman Bennett- Carried by the following vote; Yeas-Mayor Jaeger, Councilmen Dennett, Chalmers, Kane, Schiltz. Nays-None- Bond of Carl F, Bartels as Build- ing Commissioner, in the amount of $1,000.00, presented for approval. Councilman Chalmers moved that the bond be approved and placed on file- Seconded by Councilman Kane. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None, Claim of Ben Vyverberg in the amount. of $50.00 for injuries re• ceived in falling on icy sidewalk on the north side of East 8th Avenue, between White Street and the Alley on the property formerly occupied by the Key City Roofing Company, presented and read. Councilman Chalmers moved to refer the claim to the City Solicitor, Seconded by Councilman Schiltz. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz• Nays-None, Janury 7, 1937. To the Honorable Maycr and City Council, Dubuque, Iowa, Gentlemen: I am submitting here- with reports of the City Auditor, City Treasurer and City Water De• partment for the month of Decem- ber, 1936; also list of claims and list of payrolls for which warrants were drawn during the month of Decem- ber, 1936. Respectfully submitted, R. M. EVANS, City Manager. Councilman Chalmers moved that the reports be received and placed on file, Seconded by Councilman Schiltz. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. January 9, 1937• To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: A request was filed with the City Council on January 4th, 1937, from Mrs• Catherine Web- er, who lives at 1906 Pierce Street, asking that assistance be authorized by the Council in regard to her pay- ing acertain delinquent special as- sessment on her property. This was referred by the Council to the wri- ter for investigation and report. Accordingly, please be advised that Pierce Street from West Locust to Angella Strets was paved by the City, and the levy of said assess, meats was made on January 14th, 1929. The fund number is 804. A portion of bonds is still outstanding on certain amounts of the total un• paid assessments. 12 Special Session, January 15th, 1937 Mre. Catherine Weber was assess- ed for Quigley's Sub. Out Lot 711, Lot 1. This lot is on the east aide of Pierce Street, just north of the intersection of Quigley Inane. Said lot is 56' 4" wide along Pierce Street and the depth of the lot is 126', Her home is erected on said lot, The assessed valuation of the lot and home in the year 1929 was list- ed at $1,300•D0. At present the as- sessed valuation is $900,00. The total assessment on this lot for the paving of Pierce Street was $157.03. The first 1/10 principal was $15,72 and paid February 13th, 1929; the second 1/10 principal was $15.71 and paid March 28th, 1930; the third 1/1D principal was $15.70 and paid March 20th, 1931. Delinquent prin- cipal, not yet paid, includes $15.70 due March 31st, 1932, and also same amount in 1933, 1934, 1935 and 1936, or total to March 31st, 1936, of 5 years, equal to $78.50. Another $15.70 of principal will also be duo March 31st, 1937. The total amount of principal not paid equals ($157.03 - $15.72 - $15.71 and $15.70) $109.90. As per the City Council's general decisions in September, October and Novem- ber of 1936, the principal due to March 31st, 1936, equal to $78.50, could be paid on the basis of ad- vertising costs, plus 5% interest Per year on the total unpaid principal, including 5% of $109.91-$5.495 per year, which would be due from March 31st, 1932, to March 31st, 1936, or for 5 years, equal to $27.48, as interest. The combination of prin- cipal due to March 31st, 1936 ($78.50) and interest due to March 31st, 1936 $27.48) would equal $105,98, This could be authorized only by the decision of the Council to extend the past period authorized for the payments to be made by elimination of PENALTIES. Mrs, Weber's request was not def- inite as to her desire of authm'iza- tion. She mentioned that she de- sired to pay small payments rather often, but she also stated that she was a widow and had no income. The aim of the writer was to at- tempt to completely outline this pro• ject, However, it is determined that the County Treasurer canuot accept small payments often, due to his book arrangements for not less than one year of payment at any time, Respectfully submited, R. M. EVANS, City Manager. Councilman Chalmers moved to refer the communication of City Manager Evans back to the City Manager to confer with the City Treasurer as to whether or not a tax sale certificate has been secured against this property by the City of Dubuque. Seconded by Councilman Kane. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. January 8, 1937, To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise you that Mr. Emil Grassel, who lives at 1005 Oak Street, redeemed from Mr, Peter Kies, County Auditor, on Octo- ber 8th, 1936, a certain area that had been in scavenger sale. The special assessment principal=$234.98 on this property as included in Fund 564 for the paving of Bryant Street, levied by the City an August 19th, 1924, and said area was originally assess- ed to Mr. J. J. Nagle. The lot was 1 of 1 of 1 of 3 of Miners] Lot 63. On December 22nd, 1936, Mr, Otto Puls received a total amount on said payment, from the County Treas- urer, equal to $377.70 and listed as Scavenger Tax Redemption Collec- tion No. 86. An appeal, dated September 14th, 1936, was presented to the City Council by Mr. Emil Grassel, as sub• witted by the City Manager, to be able to pay the special assessment principal still due on the basis of 5% interest per year, This author- ization was approved by the Coun- cil on September 14th, 1936, An analysis of the delinquent as- sessment includes: (Eight yearly payments had been made). The ninth payment, equal to $117.49 due March 31st, 1932, and the tenth payment, equal to $117.49 due March 31st, 1933, had not been paid prior to the submission of the owner's appeal, Total principal due was $234,98. Interest on the unpaid principal, $234.98, at 5% Per year from March 31st, 1931, to October 8th, 1936 (equal to 5 years, 6 months and F days), would amount to $64.89, The total unpaid principal due, phis the 5% yearly interest to date of pay- ment, was ($117,49+$117.49+$64,89) $299,87. Another written personal appeal was made by 114x. Emil Grassel, dated October 9th, 1936, and sub- mitted to they Council on October 26th, 1936, The second appeal tvas that the owner agreed to pay the en• tine delinquent principal, plus 5% interest per year on the total levied principal amount, as not yet paid. Said second appeal requested furth- er that the penalty, as paid on Octo• ben 8th by Mr, Grassel, .be refunded to him by the City. No action on October 26th, 1936, ,was taken by the Council. Special Session, Januar 15th, 1937 13 Y. Mr• Grassel is very anxious now that all possible refunding be made to him at once. The City received a total of $377.70 as compared to the principal and interest, as auth- orized, equal to $299.87, or a penalty received equal to $77.83. Mr, Grassel has made requests recently to the - writer that the $77.83 penalty and i. also the 5% interest equal to $64.89, or,a total of $142.72, be refunded to him. He is aware that many other property owners were later author- ized in suchhcasest asuthe levy was t only, made over 10 years prior to October, ,r- 1936, and no outstanding bonds were still due. Accordingly, will the City Council `~' now authorize the PENALTI', as paid to the City equal to $77.83, to be refunded to Mr. Emil Grassel? In addition, will an authorization be made by the City Council to refund the total interest, equal to $64.89, on the unpaid principal at 5% a year • to Mr. Emil Grassel? Respectfully submitted, R. M. EVANS, City Manager. Councilman Kane moved to refer the• communication of City, Manager Evans to the City Council for fur- ther consideration. Seconded by Councilman Chalmers. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. January 11, 1937• To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Attached is a letter from Mrs. John Biebermann request- ing that the enclosed bill, from Cur- tis-Straub Company in the amount ~ of $176.00, be submitted to and auth- orized for the City Water Depart- ment to pay said bilk Mrs. Biebermann recently request- ed authority from the Council for her to install and operate a septic tank on her property and drain the same into Merz Sheet, The Council determined that in this heavy and steep roclt condition that a septic tank would not be proper there as sewage would spread into private lots and onto streets. The home owned by Mrs. Bieber- mann is No. 1020 Merz Street and also Lot No. 44 of Althauser's Sub. This is located on a steep hill sec- tion, about 175 ft. east of Althauser Street. Riverview Street also ex- tends from Merz Street, just north of this Lot 44, to Eagle Street• On a portico of the north area of Eagle Street there is a sanitary sewer that provides service for three lots on Riverview Street. Accordingly, the proper method of providing, a sewer for Mrs. Biebermann is for her to pay a portion of the cost of this present private Riverview Street sewer and then extend the upper section of this sewer to the inter section of Riverview and Merz Streets for her own house sewer to be connected thereto. The bill of $176.00, as attached hereto, was not known to the wri- ter until after Mrs. Biebermann's appeal was made to the Council. Had this question been submitted to me, I would have determined that the Water Department, at its ex- pense, should install a water main on Merz Street, east of Althauser Street, to at least the position oppo- site Mrs. Biebermann's lot. Then she could have installed and paid for her own private water connection. Now if authorization is made by the Council to have this $176,00 charge, for install(ng a private water pipe equal to length of 170 feet along Merz Street which street is an open and main city street, sub- mitted to the City Water Depart- ment for payment, it is then be• lieved that the owner will also pro- vide sewer service, at her own cost, for her present home service. This provision for sewer installation has been suggested to Mrs. Biebermann to be not on a contract, because of the heavy rock condition, but rath- er that she hire a plumber and pay actual costs of the excavation and installation. Her original bid for this sewer was nearly $1,000.00. On this new basis her cost should be great- ly reduced. The City Water Department should provide water mains along main streets, and individuals should not have to pay for water piping, except for their connections. Respectfully submitted, R, M. EVANS, City Manager. Councilman Kane moved that the request be denied. Seconded by Councilman Chalmers. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. January 11, 1937. To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: During the last of De- cember, 1936, an outline was sent to the City in regard to certain Scavenger Tax and Special Assess- ments, as redeemed and paid, includ- ing checks for the same, 'Poday Mrs. Frank Smith came to the City Hall and stated that she had to pay more on her delinquent special assess- ments than the City Council had authorized, She further requested, 14 Special Session, January 1Sth, 1937 if PENALTIES on these special as- sessments had been charged to her, would the City Council authorize said penalties to be refunded? If so, she would then attempt to again pay other delinquency on special assess- ments on certain other lots that she, her husband and Mrs. Anna Theis still own, On September 14, 1936, in connec- tion with the large number of ap- peals made to the City Council for the right to pay delinquent prih- cipals on the basis of 5% interest per year, WITHOUT any penalty, the appeals included al] property owned by Mr, and Mrs. Frank Smith and Mrs. Anna Theis, Ttems 9, 10 and 11 in said long letter, These various lots were only assessed for the West Dubuque Sanitary Sewer, Fund 903, levied December 22, 1930, and said bonds are still outstanding. The Council authorized all the de• ]inquent principals as due to March 31, 1936, to be paid on 5% interest per year, without any additional pen- alty to Mr. and Mrs. Smith and Mrs. Theis• Original assessments on certain three paid areas were $72.83, $50.00 and $176.00 respectively, Two pay ments of principal and interest had been made on each of said tlrree lots, including principal = $7.28 -1- $5,00 + $17.50 = $29.78 in 1931 and then $7.31 -F $5.00 -{- $17.50 = $29.81 in 1932, or a total of 2/10 of said principal paid prior to our de,prea- sion. Cash on principal received last month, as actually paid by the men- tioned owners, dated October 21, 1936, on the following areas in- cluded;- On E. 190 ft. Lot 14, Delin• quent Principal ........................$29,12 On N, r/2 W. 200 ft. Lot 14, Delinquent Principal .............. 20.00 On Lat 15, Delinquent Prin- cipal ............................................ 70.00 Total Principal Paid ..............$119.12 To March 31, 1936, there were 4 yearly 1/10 payments due on each of these three lots, including $7.28 -~- $5.00 + $17.50 = $29.78 X 4 years _ $119.12. Interest on the same for the total unpaid assessments at 5% per year includes (total assessments _ $297.83 - 2 yearly payments at $,59.59 =net $238.24 at 5% interest per year = $11.912 per year for per- iod from March 31, 1932, to October 21, 1936 = 4 years, 6 months, 10 days) $53.9$, The total principal due to March 31, 1936, and interest on said three lots as assessed, but not paid until October 21, 1936 = ($119.12-{-$53.93) $173.05. The total amounts received by the City on these same three lots to- talled $192.26. In conclusion, the PENALTY charged due to Scaven- ger Sale redemption was ($192.26 - $173.05) _ $19.21. There is still due, ou four other lots, or areas, owned by these same people, including prin• cipal to March 31, 1936-$154.36. In other wm•ds, $119.12 of this prin- cipal due has been paid, while the Council authorized the additional $164.36 also to be paid by November 15, 1936, but said amount has not been paid as yet. Can the extra amount of the Octo- ber 21, 1936, payments, including $19.21 as penalty, be authorized to be refunded to the owners in order that they can still pay more of ac- tual other delinquent assessments due? Respectfully submitted, R. M. EVANS, City Manager. Councilman Kane moved to refer the communication of City Manager Evans to the City Council for fur- ther consideration. Seconded by Councilman Chalmers, Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. January 15, 1937• To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Tli~is is to advise you brat all city employees certainly re- gret the recent death of our active Policeman, Mr, Roy Aitchison, who had been a Police Detective and also Police Court Clerk for years.. In connection with the Iowa Code and the provisions of the Civil Ser- vice Commission, the following two decisions of promotions have been made 'and said changes shall start January 16th, 1937. According to the Civil Service Promotional List of Policemen to March 31, 1937, Mr. Joseph Strub, present Desk Ser- geant, had the highest rate equal to 100% on the examinations made for promotions- Mr. Joseph Strub has now been authorized to serve as a Detective and Police Court Clerk. Also to provide the appointment of one Desk Sergeant, the decision has been to appoint Mr: John Bra• dy, present policeman, who had the next highest rate, or 98%. Respectfully submitted, R. M. EVANS, City Manager. Councilman Chalmers moved that the communication of City Manager Evans be received and filed. Sec- onded by Councilman Bennett. Car- ried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz, Nays-None, Special Session, January 1Sth, 1937 1S Councilman Kane moved that Pol- .9 ice Officer Joseph Strub be appoint- ed Clerk of the Police Court. Sec- ~onded by Councilman Bennett. Car- ied by the following vote: • t Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. January 14, 1937. To the Honorable Mayor and City • Council, Dubuque, Iowa. Gentlemen: Attached are two new copies of a contract, similar to the Lease and Agreement dated January 14, 1933, regarding the use of the portion of the Ninth Street Fire ' Headquarters Building by the Gover- nor's Greys, Iucorp. ;" An extension of the last agree- ment was authorized by the City Council to January 14, 1937. In case ~~ the same type of agreement and :z` charges per year are authorized now ~` ` ~ by the City Council said contract will be executed. '~ Respectfully submitted, ;'~ R. M. EVANS, City Manager, Councilman Bennett moved that the Lease and Agreement be ap• proved and the Mayor and City Clerk be authorized to execute the same on behalf of the City of Du- buque. Seconded by Councilman Chalmers. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. Resolution No. 5-37. Whereas, application for Class "B" Beer Permit has been sub- mitted to this Council for approval and the same has been examined: i Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the follow- ing application be and the same is hereby approved, and it is ordered that the premises to be occupied by such applicant shall be forthwith • inspected; CLASS "B" PERMIT, Name, Address. Emil C. Stumpf, 1402 Elm Street, Passed,~adopted and approved this 15th day of January, 1937, F. M, JAEGER, Mayor, JOHN K, CHALMERS, M. R. KANE, PETER SCHILTZ, ARTHUR M. BENNETT, Councilmen. Attest; J. J. SHEA, City Clerk. Councilman Schiltz moved the adoption of the resolution. Second- ed by Councilman Chalmers- Car- ried by the fallowing vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz• Nays-None, Resolution No. 6-37. Whereas, heretofore applications were filed by the within named ap- plicants for Class "B" Beer Permits and they received the approval of this Council; and Whereas, the premises to be oc- cupied by them have been inspected and found to comply with the ordiu- ances of this City and they have filed a proper bond: Now, There- fore, Be It Resolved by the Council of the City of Dubuque that the Man• ager be and he is hereby directed to issue to the following named per- sons aBeer Permit: CLASS "B" PERMIT. Name. Address. Emil C. Stumpf, 1402 Elm Street. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 15th day of Janury, 1937. F. M. JAEGER, Mayor. JOHN K. CHALMERS, M. R. KANE, PETER SCHILTZ, A, M. BENNETT, Councilmen, Attest: J. J• SHEA, City Clerk. Councilman Schiltz moved the adoption of the resolution. Seconded by Councilman Bennett. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz, ATays-None. Resolution No. 7-37. Resolution providing for the crew Lion of a Traffic Commission to co- operate with Iowa State Planning Board in making a traffic survey. Whereas, an agreement has been entered into by and between the City of Dubuque and the Iowa State Planning Board relative to a survey to be undertaken of traffic condi- tions existing in said city, and it ]s note advisable to create a commis- sion to be known as "Traffic Com- mission of the City of Dubuque," whose duties will be to cooperate with the Iowa State Planning Board in making a survey of traffic condi- tions within said city, by familiariz- ing itself with the method of mak- ing the study and with the traffic problems as indicated by the sur- vey; by assisting the Iowa State Planning Board in arriving at solu- tions to traffic problems discovered; and by encouraging such action by the governing ,body of the City of 14 Special Session; ; anuary 15th, 1937 if PENALTIES on these special as• sessments had been charged to her, would the City Council authorize said penalties to be refunded? Tf so, she would then attempt to again pay other delinquency on special assess- ments on certain other lots that she, her husband and Mrs. Anna Theis still own. On September 14, 1936, in connec- tion with the large number of ap- pe~als made to the City Council for the right to pay delinquent prih- cipals on the basis of 5% interest per year, WITHOUT any penalty, the appeals included all property owned by Mr, and Mrs, Frank Smith and Mrs. Anna Theis, Ttems 9, 10 and 11 in said long letter, These various lots were only assessed for the West Dubuque Sanitary Sewer, Fund 903, levied December 22, 1930, and said bonds are still outstanding. The Council authorized all the de- linquent principals as due to March 31, 1936, to be paid on 5% interest per year, without any additional pen- alty to Mr, and Mrs, Smith and. Mrs. Theis. Original assessments on certain three paid areas were $72.83, $50,00 and $175.00 respectively. Two pay, meats of principal and interest had been made on each of said three lots, including principal = $7.28 + $5.00 + $17.50 = $29.78 in 1931 and then $7.31 -F $5.00 -~- $17.50 = $29.81 in 1932, or a total of 2/10 of said principal paid prior to our depres- sion. Cash on principal received last month, as actually paid by the men- tioned owners, dated October 21, 1936, on the following areas in- cluded:- On E. 190 ft. Lot 14, Delin• quent Principal ........................$29.12 On N, r/2 W. 200 ft, Lot 14, Delinquent Principal .............. 20.00 On Lot 15, Delinquent Prin- cipal ............................................ 70.00 Total Principal Paid ..............$119.12 To March 31, 1936, there were 4 yearly 1/10 payments due on each of these three lots, including $7.28 -{- $5.00 ~- $17.50 = $29.78 X 4 years _ $119,12. Interest an the same for the total unpaid assessments at 6% per year includes (total assessments _ $297.83 - 2 yearly payments at $69.59 = net $238.24 at 5% interest per year = $11.912 per year for per- iod from March 31, 1932, to October 21, 1936 = 4 years, 6 months, 10 days) $53.9, The total principal due to March 31, 1936, and interest on said three lots as assessed, but not paid until October 21, 1936 = ($119.12+$53.93) $173,05. The total amounts received by the City on these same three lots to- talled $192.26. In conclusion, the PENALTY charged due to Scaven- ger Sale redemption was ($192,26 - $173.05) _ $19.21, There is still due, on four other lots, or areas, owned by these same people, including prin• cipal to March 31, 1936-$154.36. In other words, $119.12 of this prin- cipal due has been paid, while the Council authorized the additional $154.36 also to be paid by November 15, 1936, but said amount has not been paid as yet. Can the extra amount of the Octo• ber 21, 1936, payments, including $19.21 as penalty, be authorized to be refunded to the owners ?n order that they can still pay more of ac- tual other delinquent assessments due? Respectfully submitted, R• M. EVANS, City Manager. Councilman Kane moved to refer the communication of City Manager Evans to the City Council for fur- ther consideration. Seconded by Councilman Chalmers. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz, Nays-None. January 15, 193.7. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise you tlrat all city employees certainly re- gret the recent death of our active Policeman, nor. Roy Aitchison, who had been a Police Detective and also Police Court Clerk for years.. In connection with the Iowa Code and the provisions of the Civil Ser• vice Commission, the following two decisions of promotions have been made and said changes shall start January 16th, 1937. According to the Civil Service Promotional List of Policemen to IYlarch 31, 1937, Mr. Joseph Strub, present Deslc Ser• geant, had the highest rate equal to 100% on the examinations made for promotions. Mr, Joseph Strub has now been authorized tc serve as a Detective and Police Court Clerk. Also to provide the appointment of one Desk Sergeant, the decision has been to appoint Mr, John Bra- dy, present policeman, who had the next highest rate, or 9F%. Respectfully submitted, R, M, EVANS, City Manager, Councilman Chalmers moved that the communication of City Manager Evans be received and filed. Sec• onded by Councilman Bennett. Car- ried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz, Nays-None, Special Session, January 15th, 1937 1S ilman Kane moved that Pol- Counc Officer Joseph Strub be appoint- ice Clerk ed Councilman Bennett. Car- ded by on rled by the following vote; Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz, .. Nays-None, January 14, 1937. h~ ;. = To the Honorable Mayor and City ,~ : Council, Dubuque, Iowa. V :¢~ Gentlemen: Attached are two new ; , =~~ copies of a contract, similar to the ~, Lease and Agreement dated January 14, 1933, regarding the use of the h Bui ding by the Gover• Headquarters nor's Greys, Igcorp. An extension of the last agree merit was authorized by the City Council to January 14, 1937. In case the same type of agreement and charges per year are authorized now by the City Council said contract will be executed, Respectfully submitted, R. M. EVANS, City Manager. Councilman Bennett moved that • the Lease and Agreement be ap• proved and the Maycr and City Clerk be authorized to execute the same on behalf of the City of Du- buque, Seconded by Councilman Chalmers. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. Resolution No. 5-37, Whereas, application for Class "B" Beer Permit has been sub- mitted to this Council for approval and the same has been examined: Now, Therefore, , Be It Resolved by the Council of the City of Dubuque that the follow- ing application be and the same is hereby approved, and it is ordered that the premises to be occupied by such applicant shall be forthwith inspected; CLASS "B" PERMIT, Name. Address. Emil C. Stumpf, 1402 Elm Street. Passed,~adopted and approved this 15th day of January, 1937. F, M. JAEGER, Maycr, JOHN K. CHALMERS, M. R. KANE, PETER SCHILTZ, ARTHUR M. BENNETT, Councilmen. Attest: J, J. SHEA, City Clerk. Councilman Schiltz moved the adoption of the resolution. Second- ed by Councilman Chalmers. Car- ried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None, Resolution No• 6-37. Whereas, heretofore applications were filed by the within named ap- plicants for Class "B" Beer Permits and they received the approval of this Council; and Whereas, the premises to be oc- cupied by them have been inspected and found to comply with the ordin- ances of this City and they have filed a proper bond: Now, There- fore, Be It Resolved by the Council of the City of Dubuque that the Man• alter be and he is hereby directed to issue to the following named per, sons a Beer Permit: CLASS "B" PERMIT. Name. Address, Emil C. Stumpf, 1402 Elm Street. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved, Passed, adopted and approved this 15th day of Janury, 1937. F, M. JAEGER, Mayor. JOHN K, CHALMERS, M. R. KANE, PETER SCHILTZ, A. M. BENNETT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Schiltz moved the adoption of the resolution. Seconded by Councilman Bennett. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz, Nays-None. Resolution No. 7--37, Resolution providing for the crea- tion of a Traffic Commission to co• operate with Iowa State Planning Board in making a traffic survey. Whereas, an agreement has been entered into by and between the City of Dubuque and the Towa State Planning Board relative to a survey to be undertaken of traffic condi- tions existing in said city, and it is now advisable to create a commis- sion to be known as "Traffic Com- mission of the City of Dubuque," whose duties will be to cooperate with the Iowa State Planning Board in making a survey of traffic condi- tions within said city, by familiariz• ing ~itaelf with the method of mak- ing the study sand with the traffic problems as indicated by the sur• vey; by assisting the Iowa State Planning Board in arriving at solu• tions to traffic problems discovered; and by encouraging such action by the governing. body of the City of 16 Special Session, January 1Sth, 1937 Dubuque as may be needed to make effective the solutions offered: Naw, Therefore, Be It Resolved by the City Coun• cil of the City of Dubuque; Paragraph 1. That there be, and there is hereby created a commis- sion to be lrnow^ as "Traffic Com- mission of the City. of Dubuque;' whose membership shall consist of nine (9) members, one of whom shall be the City Manager who, by virtue of his office, shall be the chairman; and the remaining mem- bers shall consist of the City Engi- neer, the chairman of the Planning and Zoning Commission, the secre- tary of the Chamber of Commerce, the secretary of the Dubuque Auto- mobile Club, one member of the Rot- ary Club, one member of the Ki• wanis Club, one member of the Lions Club and one member of the Dubuque Trades and Labor Con- gress. Paragraph 2, That the City Coun- cil shall appoint such members of said service clubs as may be recom- mended to it by the membership thereof, Paragraph 3, After said commis- sion shall have been appointed, it shall meet and organize by electing ~a secretary and such other officers as it may deem necessary and advisable. Paragraph 4. Said commission shall be appointed for one year and serve without compensation. Passed, adapted and approved this 15th day of January, 1937. F. M. JAEGER, Mayor. JOHN K. CHALMERS, M. R. KANE, PETER SCHILTZ, A. M. BENNETT, Councilmen. Attest: J. J. SHEA, City Clerlr. Councilman Bennett moved the adoption of the resolution. Second- ed by Councilman Schiltz. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz, Nays-None, Councilman Bennett moved that the request for furnishing the pro• ject supervisor with a small amount of gasoline in the use of his auto- mobile in supervising operations in the making of a traffic survey, be granted, the amount not to exceed 10 gallons per week. Seconded by Councilman Schiltz. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz, Nays-None. There being no further business, Councilman Kane moved to adjourn. Seconded by Councilman Chalmers, Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. J, J. SHEA, City Clerk. Approved ......................................1937. Adopted ........................................1937. Councilmen ........................................ Attest : .................................................. City Clerk. Special Session, January 2Sth, 1937 17 CITY COIINCII (Official) Special Session, January 25th, 1937. Council met at 4:45 P, M. ,`~~ Present-Mayor Jaeger, Council- ~ , - men Bennett, Chalmers, Kane, Schiltz, City Manager Evans, Meeting called by order of Coun- `~ ' cilmen Kane and Chalmers, s ,,r,f Mayor Jaeger read the call and stated service thereof had been duly ;~ made and that this meeting is called for the purpose of considering for adoption resolutions and applica- tions for approval of the permanent transfer of funds and acting upon any other business as may properly come before a regular meeting of the City Councih Notice of Claim for personal in- juries of Ervin Manders in the amount of $100.00 for injuries re- ceived when his truc]t went off the street and down the embankment on Rising Avenue, presented and read. Councilman Schiltz moved to re- fer the Notice of Claim to the City Solicitor. Seconded by Councilman Bennett, Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz, Nays-Noce. Bond of Joseph H. Strub, Cleric of the Police Court, in the amount of $1,000.00 presented for approval. Councilman Bennett moved that the bond be approved and placed on file. Seconded by C o u n c i l m a n Schiltz. Carried by the following vote: ~ Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. Petition of St. Jahn the Baptist Church, Peosta, Iowa, requesting permission to suspend~a canvas ban- ner across Main Street between 8th and 9th Streets, presented and read. City Manager Evans advised Coun- cil that on account of no Counci] meeting being scheduled he had authorized the granting of the re- quest, Councilman Bennett moved that the action of City Manager Evans be approved. Seconded by Council- man Schiltz, Carried by the follow- ing vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. Petition of T. J, O'Donnell et al, `:., requesting the installation of a street light on or near the inter- section of Providence Street and Windsor Avenue, presented and read, Councilman Schiltz moved to refer the petition to the City Council to view the grounds. Seconded by Councilman Bennett, Carried by the following vote: Peas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. Petition of Dubuque Chamber of Boosters requesting the removal of the unsightly and unused old Club House located on the southeast end of Comiskey Field, presented and read. Councilman Kane moved to refer the Petition to the City Manager to confer with the Recreation Commis- sion as to the removal oY said build- ing, Seconded by Councilman Ben- nett. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz, Nays-None, Petition of Kate I{insella, referred to the City Council by the Board of Supervisors, requesting the suspen- sion of the 1936 taxes on City Lot 625, presented and read, Councilman Schiltz moved to re- fer the petition to the City Solicitbr for investigation and report. Sec- onded by Councilman Chalmers. Car- ried by the following vote; Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None, Proof of publication, certified to by the publishers, of the list of claims for which warrants were drawn during the month of De~em- ber, 1936, presented and read. Councilman Bennett moved to re- ceive and file the proof of publica- tion, Seconded by C o u n c i l m a n Schiltz, Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None, Report of the Board of Health for the month of December, 1936, pre• sented, Councilman Bennett moved that the report of the Board of Health for the month of December, 1936, be received and placed on file. Sec- onded by Councilman Schiltz. Car- ried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. Communication of Tavern Keep- ers Association requesting the City Council to reconsider that portion of the beer ordinance pertaining to a charge of $25.00 in case a tavern keeper desires to change his loca- tion, presented and read. Councilman Kane moved that the request be denied due to the expense 18 Special 'Session, January 28th, 1937 connected with new inspection and changing of records. Seconded by Councilman Chalmers. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane Schiltz, Nays-None. Communication of Interstate Pow- er Company requesting the City Council to initiate the necessary pro- ceedings to vacate a certain piece of City owned property in Blook 14, Dubuque Harbor Improvement Com- pany's Addition, immediately adja- cent to their own power plant build- ing, presented and read. Councilman Bennett moved to re- fer the communication to the City Council to view the grounds. Sec- onded by Councilman Schiltz. Car- ried by the follavring vote.: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. January 25, 1937.' To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: Last weep a record and certain amounts of cash were received by the City from the Coun- ty officials in regard to the Decem• ber, 1936, payments and elimination of Scavenger Sales from a number of citizens who have paid delinquent special assessments. Appeals have been made to the writer by several of these citizens, tvho had to pay more to the County officials than was authorized to them by the City Council, for certain re- funds, Accordingly, the outline of each appeal includes; 1. JOHN SCHOEBERL, 1811 Can- non Street. Sewer Fund 646; levied August 18, 1925; delinquency = 9th payment = $15.88 due Nlarch 31, 1933, and last payment =same amount due one year later, or total principal = $31.76, On September 14, 1936, the City Council authorized same $31.76 to be paid at 5% interest per year. Later, on November 2nd, a second appeal was made to have the 5% interest eliminated. On this no action was authorized. Payment included: Receipt No, 111; principal paid = $31.76; inter- est and penalty paid = $15.42, or total = $47,18. Analysis of said delinquency of this fund includes principal due = $31,76; interest at 5% Per Year from date of last payment, March 31, 1932, to date of final payment, November 12, 1936 = 4 yr, 7 mo. 12 days, or total interest = $7,32, and total of principal and interest, as authorized, _ ,$39.08. Actual amount received by City = $47.18, including penalty = $8.10. Now Mr .Schoeberl demands the refund to him of the $8.10, as pen• alty, due to his first authorization, also due to his borrowing money to eliminate said delinquency. He was not able to work for prior years, then worked on relief at the Dam, but now is not able to secure a position, 2. CARL J, AND ALBERTA SCHNEIDER, 880 Kirkwood Street. Paving Fund 567; levied October 20, 1924; delinquency=(Sub. 73, Wood's Add. Lot 2=10th payment = $19.11 due March 31, 1933, (Sub. 74 Wood's Add. Lot 2 = 10th payment = $10.00 due March 31, 1933, On October 5, 1936, the City Coun- cil authorized $19,11 and $ without be paid as principal only, interest and penalty. Payment included; Receipts 146 and 145; principal paid = $19,01 and $11,91 and $6.75aoa tot l lty$47.37. Analysis of said delinquency due an this fund includes $.10 more due than was paid on each last 1/10 principal on the two lots; the amount of $29.11 was due on prin- cipal only. Difference of actual principal as paid and the interest and penalty paid, as authorized not to be paid by Council, _ $18,26. Mr. Schneider, who was recently injured in a milk wagon accident, states that he needs this balance of fund paid in excess of authoriza- tion. 3, WILLIAM HOLMBERG, 383 S. Locust Street. (a) Paving S, Grand• view Avenue, Fund G44; levied Au- gust 18, 1926; delinquency=8th paY- ment = $42.84 due March 31, 1932, and $42,82 due March 31, 1933n and March 31, 1934, or total delinquency principal = $12E.48. On September 14, 1936, the City Council authorized same $128.48 to be paid at 5% interest per year. Payment included: Receipt No. 133; principal paid = $128.48; In- terest and penalty paid = $74,75, or total paid = $203.23. Analysis of said delinquency of this fund includes principal due = $128,48; interest at 5% Per year from date of last payment, March 31, 1931, to date of final payment, December 7, 1936, = 5 yr. 8 mo. 7 days, or total interest = $36.53 and total of principal and interest auth• orized = $165.01. Special Session, January 28th, 1937 19 Actual amount received by City= $203.23, including penalty=$38:22, AGAIN: (b)Sewer in S, Grandview Ave• nue, Fund 646; eighth payment lev fed Auguent18 $16?93 duerMarch 31, 8th paym - 1932, and $16.92 due March 31, 1933, and March 31, 1934, or a total delin- quent principal = $50.77. Also on September 14, 1936, the City Council authorized same $50,77 to be paid at 5% interest per year, Payment included: Receipt 133; principal Paid = $50.77, interest and penalty paid = $29.68, or a total paid = $80.35. Analysis of said delinquency of this fund includes principal due = da~e of last paymen ~oMarch 31, 931, to date of final payment, December 7, 1936 = $14.43 'and total of prin- cipal and interest authorized=$66.20, Actual amount received by City= $80.35, including penalty = $15.15, .~, Mr. Holmberg requests return to him of the penalties, including (a) ' _ $38.22 and (b) _ $16,15, or $53.37 ~r as total penalty. He must also pay s}~ another special assessment that is y delinquent, including Fund 646, prin- "': cip~al due = $124.88. `" Respectfully submitted, R, M. EVANS, City Manager, Councilman Kane moved that the request of John Schoeberl for -~" a refund of $8.10 on penalties paid by him on delinquent assessments be granted and that a warrant in the amount of $8.10 be ordered drawn on the Special Assessment Bond Fund in favor of John Schoe• berl, and that the requests of Carl J, and Alberta Schneider and also • of William Holmberg. be referred to the City Council for further con- sideration. Seconded by Council- man Bennett. Carried by Che fol- lowing vote: ' Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz, Nays-None, Resolution No. 8-37, Whereas, application for Class "B" Beer Permit has been bub• witted to this Council for approval and the same has been examined: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the fol- lowing application be and the same is hereby approved, and it is or- dered that the premises to be occu- pied by such applicant shall be forthwith inspected: CLASS `B" 'PERMIT, Name. Address. Carl J. PingeT, 127 West' Sixth Street. Passed, adopted and approved this 25th day of January, 193?. F. M, JAEGER, Mayor, JOHN K. CHALMERS, M. R, KANE, PETER SCHILTZ, A, IvI. BENNETT, Councilmen. Attest: J. J, SHEA, City Clerk. Councilman Schiltz moved the adoption of the resolution, Second- ed by Councilman Bennett. Car• rfed by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. Resolution No. 9-37. Whereas, heretofore an application was Sled by the within named ap- plicant for Class "B" Beer Permit and has received the approval of this Council; and Whereas, the premises to be occu- pied by him have been inspected and found to comply with the ordinances of this City and he has filed a pro- per bond: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the Man• alter be and he is hereby directed to issue to the following named per• son a Beer Permit; CLASS "B" PERMIT. Name, Address. Carl J, Pinger, 127 West Sixth Street. Peter J. I{Tess (Transfer of ad- dress from 414 Central Avenue) to 41 West Seventh Street, Be It Further Resolved that the bond filed by such applicant be and the same is hereby approved. Passed, 'adopted and approved this 25th day of January, 1937. F. M. JAEGER, Mayor, JOHN K. CHALMERS, M. R. KANE, PETER SCHILTZ, A. M. BENNETT, Councilmen, Attest: J. J. SHEA, City Clerk. Councilman Bennett moved the adoption of the resolution. Second- ed by Councilman Schiltz, Carried by the following vote: Leas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. Resolution No. 10-37 Resolution and application far ap- 24 Special Session, January 25th, 1937 proval of the permanent transfer of funds, Whereas, an emergency tax was levied by this Council pursuant to Section 373 of the Code of Iowa 1935 and upon the approval of the State Comptroller, which levy was estimated to produce approximately the sum of sixteen thousand flue hundred sixty-eight dollars ($16,568) in the fiscal- year 1936-1937; and Whereas, the demands upon the Consolidated Fund have increased by reason of highway maintenance due to severe snow and ice storms, the carE and maintenance of sewers, and the city's share of relief assist- ance to federally constructed munici- Fund riseinadequateaido Comnee~tdsuch emergency; and Whereas, it is necessary to trans- fer the funds to be derived from such emergency tax levy to the Con- solidated Fund in order to meet such emergency; and Whereas, such transfer is to be lion 388noftthecCodeaofeIowtah1935; Now, therefore, be it resolved by the City Council of the City of Du- buque, subject to the approval oY the State Comptroller, that the funds to be realized from said emer- gency tax levy be, and the same are hereby transferred to the Con• solidated Fund, and the Clerk and Auditor of said city are hereby di- rected to correct their books accord- ingly and to notify the Treasurer of this transfer, and said Clerk and Auditor shall accompany the notifi- cation with a copy of this resolution and the record of its adoption. The fm•egoing resolution was duly adopted and approved by unanimous action of the City Council on the 26th day of January, 1937, and al] members thereof signed their names hereto. quested is hereby 19 raved this........ day of January, State Comptroller. Councilman Chalmers moved the adoption of the resolution, Second• ed by Councilman Schiltz. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. Resolution No. ~~-3f Resolution and application for ap- proval of the permanent transfer of funds. Whereas, on January i6, 1934, up• on application of the' City Council of the City of Dubuque, Iowa, the State Comptroller authorized a tem• porary transfer of fifty-five thousand dollars ($55,000.00) from the Bonded llebt Sinking Fund to the Consoli• dated Fund, and twenty thousand dollars ($20,000.00) from the Bond ed Debt Sinking Fund to the Fire Maintenance Fund; and Whereas, extensions of time for repayment of the funds thus trans- ferred have been requested, from tints to time, and granted by said State Comptroller due to the failure of tax collections and inadequacy of funds in said Consolidated and Fire Maintenance Funds; and Whereas, said Bonded Debt Sink- ing Fund was being maintained for the payment of refunding Bonds ma-• taring on February 2, 1936, in the sum of sixtY'RefundingaBondslma- ($62,000.00); luring on April 1, 1936, in the sum of eighty-three thousand dollars ($83,000.00); Refunding Bands ma• luring on January 1, 1937, in the sum of one hundred eight thousand dollars ($108,000.00); and ReRund• 1937B inds(hea surm gof none bhundred ninety-two thousand dollars ($192,- 000.00),, together with the payment of interest upon said bonds; and Whereas, the Refunding Bonds maturing on February 2, 1936, on April 1, 1936, and on January 1, 1937, amounting to a total of two hundred fifty-three thousand dollars ($253r ,000.00) with the interest thereon have been paid from the Bonded e Debt Sinking Fund as the same re- d spectively matm•ed; and f Whereas, there has been repaid to said Bonded Debt Sinking Fund • from the Consolidated Fttnd the fol• lowing sums: (a) From current taxes col• lected in 1936 ..................$13,750.00 (b) From prior years' tax- e es received from April - to lecember, 1936.........: 14,352.21 F. M• JAEGER, Mayor. JOHN K. CHALMERS, M. R. KANE, PETER SCHILTZ, A. M. BENNETT, Councilmen, Attest: J• J. SHEA,, City Clerk. I hereby certify the above to b a true and correct copy of a resolu lion passed, adopted and approve by the City Council of the City o Dubuque on the 25th day of Janu ary, 1937. J. J. SHEA, City Clerk. APPROVAL *The above application and reso lotion having 'been filed with th State Comptroller, the transfer re Special Session, January 25th, 1937 21 (c) From prior years' tax es received in January, 1937 .......................... 7,785.44 Total ....................................$36,887.65 and Whereas, there has been repaid to said Bonded Debt Sinking Fund from the Fire Maintenance Fund the following sums: (a) From current taxes col• lected in 1936 ..................$ 5,000.00 (b, From prior years' tax- es received from April to December, 1936........ 6,218.61 :. (c) From prior years' tax• es received in January, 1937 .................................. 3,373.32 k. Total ....................................$14,591.93 ~: and Whereat, there remains to be re: d paid from said Consolidated Fun `" to the Bonded Debt Sinking Fund `h only the sum of nineteen thousand one hundred twelve dollars and thir• ~' ty-five cents ($19,112,35) and from the Fire Maintenance Fund the sum of five thousand four hundred eight dollars and seven cents ($5,408.07), ' or a total of twenty-four thousand five hundred twenty dollars and for- - tytwo cents ($24,520.42); and ` Whereas, all taxes, current and de- , linquent, have been received which can reasonably be expected to be received before the end of this fis- cal year, and no moneys will be available in the Consolidated and Fire Maintenance Funds from which to make any further payments to said Bonded Debt Sinking Fund without incurring an unauthorized overdraft therein or so depleting such funds as to make it impossible 'to operate the Fire, Police,, and other necessary departments to the end of the fiscal year; and Whereas, the Refunding Bonds which mature on February 1, 1937, and partly for which such Bonded Debt Sinking Fund was established and being maintained will be paid off and retired from available cash in such fund to the extent of ap- proximately fifty percent (50%) thereof, leaving the balance to be funded or refunded; and Whereas, after such bonds have been paid off and retired said Bond• ed Debt Sinking Fund will cease to exist; and Whereas, every effort has been made to make repayment of the funds authorized tc be transferred but, due to adverse conditions re- t suiting from severe snow and sleet storms, contributions to federally 6p- erated and financed municipal pro• jects and other conditions over which the city had no control, it was impossible to• make full repay- ment from such Consolidated and Firo Maintenance Funds to the Bond- ed Debt Sinking Fund: Now, there- fore, Be it resolved by the City Coun- cil of the City of Dubuque that the State Comptroller be, and he is here- by petitioned to declare the remain- ing unpaid balance of twenty-four thousand five hundred twenty do]• lars and forty-two cents ($24,620.42) of the original transfer from the Bonded Debt Sinking Fund to the Consolidated and Fire Maintenance Funds permanent and that an order be entered by him relieving said City of Dubuque from the necessity and obligation to return said sums from said funds to the Bonded Debt Sinking Fund. Be it further resolved that the City Manager be, and he is hereby directed to supplement this resolu• lion by any and all further infor• motion which may be advisable to completely advisE said State Comp• troller on all matters herein con- tained. Passed, adopted and approved this 25th day of JanuaryA 1937. F• M. JAEGER, Mayor. JOHN K, CHALMERS, M. R. KANE, PETER SCHILTZ, A. M. BENNETT, Councilmen- ' Attest: J. J. SHEA,, City Clerk. Councilman Kane moved the ad- option of the resolution. Seconded by Councilman Chalmers- Carried by the following vote: Yeas-Mayor Jaeger, Counci]men Bennett, Chalmers, Kane, Schiltz• Nays-None. There being no further business, Councilman Kane moved to adjourn. Seconded by Councilman Schiltz. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. J. J. SHEA, City Clerk. Approved ......................................1937, Adapted ........................................1937. Councilmen Attest.: City Clerk,