1937 February Council ProceedingsRegular Session, )February 1st, 1937 23
~I Al
(Official)
Regular Session,, February 1st,
1937,
Council met at 9:30 P. M.
Present-Mayor Jaeger, Council-
men Bennett, !Chalmers, FK~ane,
Schiltz, City Manager Evans.
Mayor Jaeger stated that this is
the regular monthly meeting, of the
City Council for the purpose of act-
ing upon such business as may pro-
perly come before the meeting.
Proof of publications certified to
by the publishers, of the notice of
hearing on the supplemental esti-
mato of-Dock Fund Taxes, presenf-
ed' and read.
There being no, objections filed
Councilman Chalmers moved to re-
ceive and file the proof of publica-
tion. Seconded by Councilman
Schiltz. Carried by the following
vote:
Yeas-Mayor Jaeger, Councilmen
Bennett, Chalmers, Kane, Schiltz,
Nays-None.
Proof of publication, certified to
by the publishers, of the notice of
meeting for the issuance of $30000
Dock Bonds,. preseuted and read.
There being no: ob-jections filed
Councilman Chalmers moved to rep
ceive and file the proof of publica-
tion, Seconded by Councilman
Schiltz. Carried by the following
vote:
Yeas-Mayor Jaeger, Councilmen
Bennett, Chalmers, Kane, Schiltz.
Nays--None.
Ordinance Ne. i-37
An ordinance providing for an an-
nual special tax. for Dock Purposes,
and declaring an emergency, pre-
sented and' read.
Councilman Kane moved that the
reading just had be considered the
first reading of the ordinance. Se~-
onded by Councilman Schiltz, Car-
ried by the following vote:
Yeas-Mayor Jaeger, Conncilinen
B.ennett,, Chalmers, Kane, Schiltz.
Nays-None.
Councilman Kane. moved that the
rules. be suspended requiring an
ordinance. to be read' on three sep-
arate days. Seconded by Council-
man Schiltz. Carried by the fo1-
lowing vote:
Yeas-Mayor Jaeger, Councilmen
Bennett, Chalmers, KaneA Schiltz.
Nays-None.
The ordinance was then read a
second time.
Councilman Kane moved that the
reading just had be considered the
second reading of the- m~dinance.
Seconded by Councilman Schiltz,
Carried by the following vote:
Yeas-Mayor Jaeger, Councilmen
Bennett, Chahuers, Kane, Schiltz.
Nays-None.
Councilman Bennett moved that
the ordinance be placed on file with
the City Clerk for public inspection
for at ]east one week before fur-
ther consideration of passage and
approval. Seconded by Councilman
Kane.. Carried by tho following
vote:
Yeas-Mayor Jaeger, Councilmen
Bennett, Chalmers, Kane, Schiltz,
Nays-None,
Resolution No. 12-37
Resolution providing for the issu-
ance of bonds in the sum of Thirty
Thousand Dollars for Dock Purpos-
es, presented and read.
Councilman Schiltz moved that the
resolution be placed on file with the
City Clerk for pnb]ic inspection for
at least one week before further
consideration of passage and ap-
proval. Seconded by Councilman
Chalmers, Carried by the following
vote:
Yeas-Mayor Jaeger, Councilmen
Bennett, Chalmersx Kane, Schiltz.
Nays-None.
Resolution No. 13-37
RESOLUTION AND APPLICATION
FOR TRANSFER OF FUNDS.
Whereas,. the City of Dubuque has
established, ands is maintaining. a
Sinking Fund for the purpose of pro-
viding for the payment of Water-
works Bonds, principal and inter-
est, as they respectively mature and
there had: acctmiulated in said fund
as of December 31, 1936, the sum
of $22.7,081.69, all of which has been
realized from receipts in the opera-
tion. of such Waterworks- and not.
from the levy of any lases;, and
Whereas, there are outstanding
Waterworks Bonds in the sum of.
$272,000.00; the maturities of which
are as follows: On April 1,. 1937,.
$40,000; ou April 1, 1938, $21,000;
on April L, 1939, $39,000; on April.
1,. 19.40;.. $35x000;, on April 1, 1941,
$10,000; on Aprib 1, 1942,. $32,000;
on April 1„ 1943, $35,000;, and on
Aprib 1, 1944, $50,000; and
Whereas; there is, more than suf-
fieiont money in said Sinking, Fund.
at this time to pay all bonds, prin-
cipal; and interest, up, to and. in-
cluding the. bonds which, matnrs~ in
1941; and.
Whereas, there. is under construo-
bion~ at this time a modernly equip•
pediswimming_ pool.at a total cost
08 approximately $65,000.00,, of which
cost the said. city is. obligated, ac•
cording to Federal W. P, A. regu-
lations under which, said pool is be-
- • 24 Regular Session, February 1st, 1937
ing constructed, to pay the sum of
$17,000.00; and
Whereas, said city does not have
available in the Consolidated or any
other fund any money with which
to defray such costs; and
Whereas,, such swimming pool is
nearing completion and, unless pro•
vision is made at this time to pay
such costa, all work on said swim-
ming pool will cease, said pool will
not be completed, W. P. A, laborers
will be thrown out of employment,
and the large sum of money already
expended will be wasted; and
Whereas, in order to complete the
construction of such pool and secure
the funds needed to Pay the costs to
be borne by said city, it is Teemed
necessary and advisable to Petition
the State Comptroller for authority to
transfer from the Waterworks Bond•
ed Debt Sinking Fund to the Cpn•
solidated Fund the sum of $17,000,
such transferred funds to be repaid
within three years from the date the
same is authorized from revenues
to be received from the operation
of said swimming pool, such reven•
ues to be allocated to and paid out
of a Swimming Pool Sinking Fund
as herein provided for: Now, there-
fore,
Be it resolved by the City Council
of the City of Dubuque that, subject
to the approval of the State Cemp•
troller, there be atul the°rr,• is here-
by transferred from the \Ja;erworks
Bonded Debt Sinkleg Fund to the
Consolidated Fund the sum of
$17000, such sum to be used Drily
f.:r the purpose of paying Cue costs
of the construction of the swim-
ming pool as are regaire4 to be
Lorne by said city pursua.n~ to Fed-
eral W. P. A, rules and regnlationa,
a.md the Clerk rod Auditor he and
they are hereby directed to correct
their books to conform to sues trans-
fer.
Be it, further, resolved that, in
order to repay such sum thus tr~ns-
(erred, there be and ther i9 here-
by established a sinking (trod tit be
known as "Swimming Pool Sinking
Pond," which fund shall ;~e contin•
aed and maintained nntil the whsle
amount of the sum of $17,000,00 has
been repaid to the Waterworks
Bonded Debt Fund. All revenues
from the operation of such pool shall
be set aside as collected and be
deposited in the "Swimming Pool
Sinking Fund" which is hereby cre•
ated, and shall be used to repay
to the Waterworks Bonded Debt
Sinking Fund the sum of $17,000.00
authorized to be transferred there-
from to the Consolidated Fund, and
such revenues shall not be used for
any other purpose, and the same are
hereby irrevocably pledged for the
purpose of rePaYiu; such transfer-
red funds, In the event that the
revenues from said Pool are inade•
quote in any oae year to pay the
la~oportionate antouut expected to
be received for that year, and; or
should the total revenues collected
from such pool during the period
for which such transfer is author-
ized be insufficient to repay the
same, then it shall be the duty of
the City Council to appropriate from
moneys received from misceilaucous
sources an amount which when add•
ed to the sum already accumulated
in said Sinking Fund, shall wake
up the total sum of $17,000.00. ,``oth-
ing herein contained shall be con-
strued to prevent the repayment of
the amount authorized to be trans-
ferred from the Waterworks Bondt•d
Debt Sinking Fund to the Consolidat-
ed Fund before the expiration of the
period within which such transfer is
authorized, and nothing herein con•
tair•ed shall prevent the repayntsnt.
of such transferred sum from funds
other than revenues fro.n the swim-
ming pool when and if s+tch funds
are legally available for su~~ii pur-
pose.
Passed, adopted and approved this
first day of February, 1937.
F. M. JAEGER,
Mayor.
A.. M. BENNETT,
JOHN K. CHALMERS,
M. R. KANE,
PETER SCHILTZ,
Councilmen.
Attest: J. J. SHEA,
City Clerk,
Councilman Chalmers moved the
adoption of the resolution. Second-
ed by Councilman Schiltz. Carried
by the fallowing vote:
Yeas-Mayor Jaeger, Councilmen
Bennett, Chalmers, Kane, Schiltz.
Nays-None.
Original Notice of foreclosure of
note and mortgage of Julia Sullivan
as Plaintiff vs. William and Anna
Boland, City of Dubuquer eh al, as
defendants, upon the northerly 23
feet 6 inches of the southerly 52
feet of Lota 1, 2 and 3 in the Sub,
of Out Lot 734 in the City of Du-
buque, commonly known as Kiene
and Blocklinger Sub, of Out Lot 734
in the City of Dubuque, presented
and read.
Councilman Schiltz moved to re•
fer the Original Notice to the City
Solicitor. Seconded by Councilman
Bennett. Carried by the following
vote;
Yeas-Mayor Jaeger, Councilmen
Bennett, Chalmers, Kane, Schiltz.
Nays-None.
Regular Session, February 1st, 1937 25
Communication of LeaguE of Iowa
Municipalities requesting that Frank
Pierce be hired by the City of Du-
buque for the furnishing of all re-
ports and matters before the State
Legislature, 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.
Councilman Bennett excused and
left the Council meeting at 9:50
P. M.
Communication of Felix G. Beck-
er advising the City Council that
he is the owner of Lots 26, 27 and
28 in Block 14 of Dubuque Harbor
Improvement Company's Addition
and objecting to the vacation of the
alley as requested by the Interstate
Power Company if said vacation will
interfere with the sale or decrease
the value of said lots, presented and
read.
Councilman Kane moved to refer
the communication to the City Coun•
cil. Seconded by Councilman Charm;
ors. Carried by the following vote:
Yeas-Mayor Jaeger, Councilmen
` Chalmers, Kane, Schiltz.
Nays-None,
Absent-Councilman Bennsht.
Communication of Peter H. Mc-
Carthy enclosing a letter from Mr,
Lachlan Macleay asking if Mayor
« F. M. Jaeger on behalf of the City
.
y°, Council will sign a letter to be sent
to the Mayors of Iowa against the
St. Lawrence Treaty and asking
them in turn to petition the Iowa
Senators, Clyde L. Herring and Guy
M. Gillette, to vote against said
treaty and also that the Dock Board
~ tlu•ough their Secretary, John A. Ker•
'~
s per, also send a separate letter of
:
.,
protest against the Treaty direct to
' our United States Senators, Herring
~. and Gillette, presented and read.
Councilman Schiltz moved to re-
ceive and file the communication.
Seconded by Councilman Chalmers.
- Carried by the following vote:
Yeas-Mayor Jaeger, Councilmen
Chalmers, Kane, Schiltz.
Nays-None.
h~ Absent-Councilman Bennett,
- Petition of Olive Adams, by Her-
' bert Adams, et al, residents of the
City of Dubuque and of the district
bordering the City Limits on High-
~vay No, 61, requesting that the City
Water Mains be extended for water
consumption and fire protection, pre-
sented and read.
G=-- Councilman Chalmers moved to re•
fer the petition to the City Manager
and City Water Department, Sec•
coded by Councilman Schiltz, Car-
ried by the following vote:
Yeas-Mayor Jaeger, Councilmen
Chalmers, Kane, Schiltz.
Nays-None.
Absent-Councilman Bennett.
Council Proceedings for the
months of November and December,
1936, presented for aPProval.
Councilman Chalmers moved that
the Council Proceedings for the
months of November and December,
1936, be approved as printed. Sec-
onded by Councilman Schiltz. Car-
ried by the following vote:
Yeas-Mayor Jaeger, Councilmen
Chalmers, Kane, Schiltz.
Nays-NonE.
Absent-Councilman Bennett.
Communication of Grover C. Hoch
presenting claim far damages to his
property located at 2270 Woodworth
Street caused by the breaking of a
water main on December 27th, 1935,
presented and read.
Councilman Schiltz moved to re-
fer the communication to the City
Solicitor. Seconded by Councilman
Chalmers. Carried by the following
vote:
Yeas-Mayor Jaeger, Councilmen
Chalmers, Kane,. Schiltz.
Nays-None,
Absent-Councilman Bennett.
Petition of Metter Realty & Invest~
went Company requesting permis-
sion to erect iron steps an the 29th
Street side of the brick store build-
ing at 2890 Central Avenue, present~
ed_and read.
Councilman Schiltz moved to re•
fer the petition to the City Council
to view the grounds. Seconded by
Councilman Chalmers. Carried by
the following vote:
Yeas-Mayor Jaeger, Councilmen
Chalmers, Kane, Schiltz.
Nays-None.
Absent-Councilman Bennett,
Petition of James F. Lee Paving
Company requesting that some of-
ficial action be taken in the enforce-
ment of the law governing Junk
Dealers and also that same effective
action by way of pTOper police pro•
tection of their properties located
at 18th and Pinard Streets and also
at the intersection of Hamilton
Street and the C. M. St. Paul and
Pacific Railroad, presented and read.
Councilman Kane moved to refer
the petition to the City Manager
for investigation and report, Sec-
onded by Councilman Chalmers. Car-
ried by the following vote;
Yeas-Mayor Jaeger, Councilman
Chalmers, Kane, Schiltz.
Nays-None.
Absent-Councilman Bennett.
Communication of the Grievance
.1
Regular Session, February 1st, 1937 27
26 Regular Session, February 1st, 1937
Committee of Local No. 651 Munici- Yeas-ll~layol' Jaeger, Councilmen
Schutz
.
pal Employees Union advising the Chalmers, Kane,
il that they desire to meet NaYs-None.
~:i
City Counc
with the City Couneil to discuss and
ree- .
Absent-Councilman Benn~
Communication of W. J• Connell,
favorably pass on the working ag
ment which has been presented to Health Director, submitting a list
the City Council, presented and m
Health Department Bud-
h
g
i
e
t
n
ade
read.
Councilman Kaue moved, to sus- get for the fiscal year of 1937.3 ,
ad
Pend the rules for the purpose of ,p
the
i .
resented and re
Councilman Schiltz moved to refer
n
allowing any one present
Council Chamber, who wishes to do the' communication to the City Coun-
up at the time that
ke
t
a
n
so, to address the Council. Seconded cil to be
tions are being consid•
i
by Councilman $ehiltz. Carried by t a
he appropr
the City Council. Seconded
the following vote: erect by
e era- Carried
uncilmen
C
C
o
Yeas-Mayor Jaeger,
U vot
y the following
Chalmers, Kane, Schiltz. ~ Yeas-1Vlaym' Jaeger, Councilmen
Nays-None,
ne, Schiltz.
Absent-Councilman Bennett. C
rs
nald Bandy addressed the Coun-
De None
Nays
Absent-Councilman Bennett•
,
relative to the communication of
ei1 February 1, 1937•
.
the Grievance Committee of Local ~ To the Honorable Mayor and City
No. 651 Municipal Employees Union. Council,.
Councilman Kane moved to refer
munication to the City Coun• Dubuque, Iowa.
Gentlemen•r In regard to the last
the com
cil, Seconded by Councilman Schiltz. ', paragraph of Mr. C. B• Murtagh's
please
1937
7
Carried by the following vote; ,
,
lettEr, dated January 2
Yeas-Mayor Jaeger, Councilmen . disregard said statemenC.
s phoned January 28th and
Chalmers, Kane, Schiltz. He wa
advised that our request was for the
Nays-None.
Absent-Councilman Bennett. 1936.37 Emergency Levy taxes and
He• then re•
Miss Bieberman addressed the
esting that the re-
i not the 1937.38 taxes.
quested our Resolution No. 10-37
h
t
l requ
City Counc
quest of her mother, Mrs• John ag
to be returned' to him. Mr. Mur
by phone Janu-
er
]3ieberman, that the City Water De-
h ,
did state, howev
that a definite amount
1937
28
r
e
partment be authorized to pay t
tis-Straub Company in the
f C ,
,
y
a
of cash in the 1936-37 Emergency
h
ur
bill o
amount of $176.00 for the extension Levy must be sattached
is his ap-
Accordingly
of the water main to her property ,
r
s
located at 1021 Merz Street„ be esent
transfer of the p
thorizing the
granted. cash in 1936-7 Emergency Levy Fund
Councilman Kaue moved that the Equal $14,809.3G to the 1936.7 Con-
City Council rescind. their previous solidated Fund. It will be neces-
action, in denying the request of , nary also for another Resolution to
Mrs. John Bieberman that the City ; be passed by the Council, after our
Water Department be authorized to ,
i March taxes are received about
n
pay the bill of, Curtis Company March 22, 1937, to provide for the
the amount of $176.00• fox, the ~• ,additional transfer to the Consolidat•
tension of the water, main to her ed' Fund of Emergency Levy taxes
property located at 1021 Merz to be received in the months of Feb-
Street. Seconded by Councilman rusty and March„ 1937•
Qhalmers. Carried by the fallowing Respectfully submitted,
vote-:, R• M• EVANS,
Yeas-Mayor Jaeger, Councilmen City Manager.
Chalmers, Nape, Schiltz• Resolution No, 10-37.
Nays-None.
Absent-Coungilman Bennett.
Resolution and, applicatien for ap•
of the permanent transfer of
val
Councilman Kane moved that the ,
Bro
request of Mrs. John Bieberman that
the City Water Department be au- f nW4creas, alt emergency tax waS
uncil pursuant to
C
j
thorized to. pay the bill of Curtis- o
s.
levied by t)l
tion 373 of the
S
a
I
Straub Company in the amount of ~
State
the
royal of
upon t)te app
and
$176.00 for the extension of the wa•
ter main to her property located at ,
ated tolproducecapproximatele the
1021 Merz Street be referred to the m
of sixteen thousand five hun-
City Manager and City Water De- sum
died sixty-eight dollars ($16,568.00)
partment. Seconded by Councilman in the fiscal year 1936-1937; and
Chalmers. Carried by the fo]low• Whereas, the demands upon the
ing vote:
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 assistance
to federally constructed mm~icipal
projects, and said Consolidated Fund
is inadequate to meet such emer•
gency; 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
permanent in accordance with Sec•
lion 373 of the Cods of Iowa 1935;
Now, therefore, be it resolved by
the City Council of the City of Du-
buque, subject to the approval of
the State Comptroller,, that the funds
to be realized from said emergency
tax levy be, -and the same are here-
by transferred to the Consolidated
Fund,. and the Clerk and Auditor of
said city are hereby directed to cor-
rect their books accordingly and to
notify the Treasurer of this trans-
fer, and said Clerk and Auditor shall
accompany the notification with a
copy of this resolution and the rec•
ord of its adoption.
The foregoing resolution was duly
adopted and approved by unanimous
action of the City Co19371 and tall
25th day of January,
members thereof signed their names
hereto,
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 be
a true and correct coPY of a resolu-
tion passed, adopted and approved
by the City Council of the City of
Dubuque on the- 25th day of Janu-
ary, 1937•
J• J. SHEA,
City Clerk.
APPROVAL
The above application and reso-
]ution having been filed with the
State Comptroller, the transfer re•
quested is hen•eby approved this 29th
day of Janttary, 1937. I hereby ap-
prove apermanent transfer as not-
ed above but only in the sum of
$14,809.36 which is the actual tax
collected to date.
C• B• MURTAGH,
State Comptroller.
Councilman Kano moved that the
communication of City Manager Ev-
ans be received and that the ap-
proval of C. B. Murtagh, State Comp•
tro]ler, be made a matter of record.
Seconded by Councilman Schiltz.
Carried by the following vote:
Yeas-Mayor Jaeger, Councilmen
Chalmers, Kane, Schiltz•
Nays-None.
Absent-Councilman Bennett•
Resolution No. 14--37
Whereas, heretofore application
was filed by the within named ap-
andahas ore eived the approvalnof
this Council; and
Whereas, the premiss to be oc•
cupied by him have been inspected
and found to comply with the ordin•
antes of this City and he has filed
a proper bond: Now, therefore,
Be it resolved by the Council of
the City of Dubuque that the Man-
ager be and he is hereby directed
to issue to the following named
person a Beer Permit•
CLASS "B" PERMIT
Ruben J. Weber (transfer of ad-
dress from 998 Central Avenue)-
1543 Central Avenue.
Be it further resolved that the
bond filed by such applicant be and
the same is hereby approved.
Passed, adopted and approved this
first day of February„ 1937.
F. M• JAEGER,
Mayor.
JOHN I{, CHALMERS,
M. R. KANE,
PETER SCHILTZ,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Chalmers moved the
adoption of the resolution. Second'
ed by Councilman Schiltz. Carried
by the following vote;
Yeas-Mayor Jaeger, Councilmen
Chalmers, Kane, Schiltz.
Nays-None.
Absent-Councilman Bennett.
Resolution No. 15-37.
Be It Resolved by the City Coun-
cil of the City of Dubuque that the
following, having complied with the
provisions of law relating to the sale
of cigarettes within the City of Du-
buque, be granted a permit to sell
cigarettes and cigarette papers with-
in said City and the Manager is di-
rected to issue such permit on be•
half of said City;
Name. Address.
Dubuque Post No. 6, The Amer-
ican Legion, 494 Main Street.
Be It Further Resolved that the
bond filed with the application be
approved.
2$ Regular Session, lebruary 1st, 1937
Passed, adapted and approved this
1st day of February, 1937.
F. M. JAEGER,
Mayor,
JOHN K. CHALMERS,
M. R. KANE,
PETER SCHILTZ,
Councilmen.
Attest: J. J. SHEA,
City Clerk,
Councilman Chalmers moved the
adoption of the resolution, Seconded
by Councilman Kane. Carried by the
following vote:
Peas-Mayor Jaeger, Councilmen
Chalmers, Kane, Schiltz.
Nays--None.
Absent-Councilman Bennett.
Resolution No, 16-37
Whereas, the City of Dubuque
heretofore entered into a contract
for a deed of Lot No. sixty'seven
(117) of Stafford's Addition in the
City of Dubuque with John Grass,
Sr., agreeing therein to sell and con•
vey by quit-claim deed said real es•
fate to said purchaser upon the pay
ment of the suet of four hundred
dollars ($400.00) in 'accordance with
said contract; and
Whereas, said purchase price with
the interest thereon has now been
fully paid and it is advisable to exe-
cute a quitclaim deed of said prem-
ises to said purchaser:
Now, therefore, be it resolved by
the City Council of the City of Du•
buque that the Mayor and Cleric be,
and they are hereby authorized and
directed to execute on behalf of the
City of Dubuque a quitclaim deed of
Lot No. sixty~seven (67), Stafford's
Addition in the City of Dubuque,
Iowa, to John Grass, Sr,; and, when
executed, to deliver the same to said
purchaser.
Passed, adopted and approved this
first day of February, 1937.
F, M, JAEGER,
Mayor.
JOHN K. CHALMERS,
M. R. KANE,
PETER SCHILTZ,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Schiltz moved the ad-
option of the resolution. Seconded
by Councilman Kane. Carried by
the following vote:
Yeas-Mayor Jaeger, Councilmen
Chalmers, Kane, Schiltz.
Nays-None.
Absent-Councilman Bennett.
There being no further business,
Councilman Kane moved to adjourn.
Seconded by Councilman Schiltz.
Carried by the following vote:
Yeas-Mayor Jaeger, Councilmen
Chalmers, Kane, Schiltz,
Nays-None.
Absent-Councilman Bennett.
J. J, SHEA,
City Clerk.
Approved .....................................1937.
Adopted ........................................1937.
Councilmen ........................................
Attest : ..................................................
City Clerk.
Special Session, lebruary 8th, 1937 29
CITY COUNCIL
(Official.)
Special Session, February 8th,
1937.
Council met at 7:40 P, M.
Present-Mayor Jaeger, Council-
nts~n 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 Council of the
City of Duhuque, Iowa,
To F. M. Jaegel•, Mayor.
You are hereby notified and there
is hereby called a special meeting
of file City Council of the City of
Dubuque to be held at the Council
Chamber in the City Hall at 7;30
P. M. on February 8t11, 1937.
At this meeting there will be pre-
sented for final consideration, pass-
age and adoption of an ordinance
entitled: "An ordinance providing
for an annual special tax for dock
purposes and declaring an emer-
gency"; and also a resolution en-
titled: "Resolution providing far the
issuance of bonds in the sum of
thirty thousand dollars ($30,000.00)
for dock purposes," which said reso-
lution and ordinance' have been on
file with the City Clerk for public
inspection since February 1st, 1937.
There will also be considered at
this meeting a resolution entitled:
"Resolution directing the advertise-
ment and sale of thirty thousand
dollar ($30,000.00) dock bonds."
Such other business will be trans-
acted as may properly come before
a regular meeting of said council.
Dated at Dubuque, Iowa, this 6th
day of February, 1937.
M, R. KANE,
JOHN K. CHALMERS,
Councilmen.
Councilman Kane moved to sus•
pend the rules for the purpose of
allotiving any one present in the
Council Chamber, who wishes to do
so, to address the Council, Sec-
onded by Councilman Bennett. Cat'-
ried by the following vote:
Yeas-Mayor Jaeger, Councilmen
Bennett, Chalmers, Kane, Schiltz,
Nays-None.
Mr. W. H, Keller, representative
of Voelker Realty Company, address-
ed the Council requesting the; rite
penalties on the delinquent special
assessments levied agains'. fire north
half of Lot 209 Davis Farm Addi-
tion be cancelled due to the fact
that the delinquent special assess-
ments are included in a scavenger
tax sale certificate.
Mr. C. I. Krajewaki addressed the
Council requesting -that the A. Y.
McDonald Mfg, Company be granted
permission to construct a concrete
platform on the south side of their
building located at the northeast
corner of Second and Iowa Streets,
Councilman Kane moved that the
request of A. Y. McDonald Mfg. Com-
pany for permission to construct a
concrete platform on the south side
of their building located at the
northeast corner of Second and Iowa
Streets be granted subject to a pro-
vision that said platform will be re-
moved at any time that the City of
Dubuque deems it necessary far pub-
lic purposes and that the City So-
licitor be instructed to prepare the
proper proceedings, Seconded by
Councilman Chalmers, Carried by
the following vote:
Yeas-Mayor Jaeger, Councilmen
Bennett, Chalmers, Kane, Schiltz.
Nays-None.
Ordinance No, i-37
An ordinance providing for an an-
nual special tax for Dock Purposes,
and declaring an emergency, said
ordinance having been passed upon
first and second readings on Febru-
ary 1st, 1937, and placed on file
with the City Clerk for public in- /
spection since February 1st, 1937,
presented for final adoption.
ORDINANCE N0, 1-37
AN ORDINANCE PROVIDING FOR
AN ANNUAL SPECIAL TAX POR
DOCK PURP0,9ES, AND DECLAR-
ING AN EMERGENCY.
WHEREAS, the Dock Hoard of the
City of Duhuque, Dubuque County,
Iowa, has heretofore petitioned this
City Council of said city to issue hoods
of said city in the principal amoun(
of thirty thousand dollars ($3U,II0Il.0U)
far the purpose of constructing works
and improvements for the harhor and
waterfront In said city and the pur-
chase of property for Bald purpose,
and It is now advisable to make pro-
vision with respect to the levying of
taxes to pay said bands.
NOPI, THEREFORE, he it resolved
by the City Council of the City of Du-
buque:
Section 1. That in pursuance uF
Paragraph 11 of Section 5902 of the
Code of Iowa, 1935, there shall he and
there is hereby levied in each of the
years 1937 to 1944 inclusive, and there
shall he assessed and collected in each
of the years 1938 to 1946 inclusive, a
direct annual special tax upon all of
the taxable property within said city
sufficient to pay Principal and interest
upon such hands as follows;
In the year 1937, $1,675.00 to pay in-
terest, including reimbursement for
advancements made from other funds
to pay semi-annual interest maturing
in August, 1937; in 1938, $1,050.00 For
interest; in 1939, $0,050.00 for principal
and interest; in 194D, $5,876.00 for prin-
cipal and interest.; in' 1941, $5.700.00 for
principal and interest; in 1942, $5,626.00
for principal and interest; in 1943. $5,-
350.00 for principal and interest; and
~~
~I
30 Special Session, February 8th, 1937
in 1944, $5,176,00 far principal and in-
terest.
Section 2. Said taxes will be col-
lected each year at the same time and
in the same manner, and in addition
to all other taxes in and for said city,
and when collected shall be converted
into a special fund which is hereby
pledged for and shall be used only to
Bonds of rsaid citY11Pt'esentlyt Pr p0ae.d
to be issued.
Section 3. That a certified copy of
this ordinance be filed with the County
Auditor of Dubuque County and that
said Auditor be, and he is hereby in-
structed in and for each of the years
1937 to 1944 inclusive to levy and as-
sess the tax hereby authorized.
Section 4. That all ordinances or
resolutions or parts thereof in conflict
herewith be, and the same are hereby
repealed.
Section 6. 'Chat it is hereby found
and declared that an emergency ex-
ists and that it is necessary for the
immediate Preservation of the public
peace, health and safety that this ordi-
nance become effective upon its
passage, approval and Publication, and
it is so ordered.
Passed neon first and second read-
ings February 1st, 1937.
Passed, adopted and approved upon
final reading this 8th day of February,
1937.
F. M. JAEGER,
MayW'.
,JOHN I~. CHALivIER5,
1I. R. DANE,
PETER SCHILTZ,
A. Al. BENNETT,
Councilmen.
Attest: J..T. SAl•;A,
City Clerk.
Recorded February 9th, 1937.
Published officially in the Teleg'raph-
Herald newspaper b'ebrtr TSHEA, 1947
2-lU-lt City Clerk.
Councilman Chalmers moved that
the rule requiring ordinances of a
certain character to be fully and to-
tally read on three different days
be suspended by athree-fourths vote
and that said ordinance be now
placed upon its final- adoption. Sec-
onded by Councilman Bennett. Car-
ried by the following vote:
Yeas-Mayor Jaeger, Councilmen
Bennett, Chalmers,, Kane, Schiltz,
Nays-None,
The ordinance was then read a
third time.
Councilman Chalmers moved the
adoption of the ordinance. Second-
ed by Councilman Schiltz. Carried
by the following vote:
Yeas-Mayor Jaeger, Councilmen
Bennett, Chalmers, Kane, Schiltz,
Nays-None,
Resolution No._12-3T.
RESOliUTION PROVIDING F 0 R
THE ISSUANCE bF BONDS IN
THE SUM OF THIRTY THOU-
SAND DOLLARS FOR DOCK
PURPOSES.
Whereas, this City Council of the
City of Dubuque, Dubuque County,
Iowa, has heretofore been petitioned
by the Dock Board of said City to
issue the bonds 'of said City in the
principal amount of thirty thousand
dollars ($30,000.00) far the purpose
of constructing worlrs and improve-
ments far the harbor and waterfront
ill said City and the purchase of
property far said purpose; and
Whereas, the issuance of said
bonds will not cause said City to be-
come indebted in excess of the limit
imposed by Section 3 of Article 11
of the Constitution of Iowa, and it
is now advisable to make provision
for the issuance of said bonds:
Naw, Therefore, be it Resolved by
the City Council of tb~e City of Du-
buque, Iowa, as follow
Section 1. That bonds of said City
in the amount of thirty thousand
dollars ($30,000.00) be issued pur-
suant to the provisions of Paragraph
11 of Chapter 303 of the Code of
Iowa 1935; that each of said bonds
be designated as a "Dock Bond," be
thirty (30) in number, numbered
from one (1) to thirty (30) inclusive,
,be of the denomination of one thou-
sand dollars ($1,000.00) each, bear
date of February 1, 1937, and bear
interest at the rate of not to exceed
three and one-half per centum
(3t/z%) Per annum fioul the date of
said bonds until payment thereof,
payable August 1, 1937, and semi-
annually thereafter on the first day
of February and August in each
year; that said bonds be signed by
the Mayor and attested by the City
Clerk, and the seal of said city be
attached, and be registered by the
City Treasurer and a certificate of
registration endorsed thereon; that
interest on said bands be evidenced
by coupons thereto attached and ma•
taring on the several days when
such interest matures, such coupons
to be executed with the facsimile
signatures of said Mayor and City
Clerk and said officials, by the execu-
tion of said bonds, shall adopt as
and for their own proper signatures
their facsimile signatures appearing
on each of said coupons, and that
bond principal and interest be pay-
able at the office of the City Treas-
urer in the City of Dubuque, State
of Iowa; said bonds shall become
due and payable in numerical order,
'as follows:
Bonds 1 to 5 inclusive, $5,000.00
on February 1, 1940.
Bonds 6 to 10 inclusive, $5,000,00
on Febrpary 1, 1941.
Bonds 11 to 15 inclusive, $5,000.00
on February 1, 1942.
Bonds 16 to 20 inclusive, $5,000,00
on February 1, 1943.
Bonds 21 to 25 inclusive, $5,000.00
on February 1, 1944,
Bonds 26 to 30 inclusive, $5,000.00
on February 1, 1945.
Special Session, February 4th, 1937 31
Sec. 2. The bonds hereby author-
ized shall be in form substantially
as follows:
(Form of Bond,)
United States of America.
State of Iowa. County of Dubuque,
City of Dubuque
Dock Bond,
No ................. ~ $1,000,00
Know All Men'By These Presents:
That the City Hof Dubuque, in the
' County of Dubuque, State of Iowa,
for value received, promises to pay
to bearer One Thousand Dollars
($1,000.00), lawful money of the
United States of America, on the
first day of February, 19........, with
interest on said sum from the date
hereof until paid, at the rate of........
per centum ( %) Aer anum, pay-
=' able August 1, 1937, and semi-an•
nually thereafter on the first days of
February and August in each year,
upon presentation and surrender of
the interest coupons hereto attach-
I ed, bond principal and interest pay-
- able at the offce of the City Treas•
,, user in the City of Dubuque, Iowa,
This bond is one of a series of
bonds issued by the City of Dubuque
pursuant to and in strict compliance
with the provisions of Chapter 303
• of the Code of Iowa 1935 and all
laws amendatory thereof and supple-
mentary thereto, and in conformity
with the resolution of the City Coun-
cil of said City duly passed on the
8th day of February, 1937, and ap-
proved and recorded for the purpose
~, of constructing works and improve-
ments for the harbor and waterfront
in said city and the purchase of
property fm' said purpose.
~~ And it is hereby certified and re-
cited that all acts, conditions and
E: things required 'by the laws and
~ Constitution of the State of Iowa to
_
9 exipt, to be had, to be done, or to
be performed precedent to and in
the issue of this bond, were and
have been properly existent, had,
done, and performed in regular and
due form and time; and this band and
the interest hereon are payable ex-
clusively from the proceeds of a
sufficient annual special tax which
has been duly levied on all the tax-
able property within said City, and
is pledged solely for the payment of
the principal and interesb of said
series of bonds and does riot exceed
the rate authorized by law; that the
faith, credit, revenues and resources
and all the real and personal prop-
. erty of said City are irrevocably
pledged for the regular and due col•
lection and proper application of
said tax; and that the total indebt-
edness of said City, including this
bond, does not exceed the constita
tional or statutory limn zticns of iu•
debtedness or taxation.
In Testimony Whereof, said City
and its Council has caused this bond
to be signed by its Mayor and at-
tested by its City Clerlc, with the
seal of said City affixed and tUe cou-
pons hereto attached, to be executed
with the facsimile signatures of said
Mayor and City Clrk, and said offic-
ials, by the execution of this bond,
do adopt as and for their own signa-
tures their respective facsimile sig-
natures appearing on said coupons,
all as of the first day of February,
1937.
................................................
Mayor of City of
Dubuque, Iowa,
Attest;
.....................................
........................ .
Clerk of City of Dubuque, Iowa.
(Form of Coupon.)
No ................. $ ......... .
i On ............................. 19.., thr, Treas-
urer of the City of Dubuque, lra-
buque County, Iowa, will Day to
bearer ....................... dollars ($........... )
at the office of the City Treasurer,
Dubuque, Iowa, for semi-annual in-
terest due that date on its Dock
Bond dated February 1, 1937,
No ......................
...................................
Mayor of the City of
Dubuque, Iowa.
Attest:
....................Iowa, .................
Clerk of City of Dubuque,
On the back of each bond there
shall be endorsed a certificate of
the City Treasurer in the following
form:
(Form of City Treasurer's
Certificate.)
CITY TREASURER'S
CERTIFICATE.
Tltis bond has been du]y and pro•
perly registered in my office as of
the first day of February, 1937,
Treasurer of City of
Dubuque, Iowa.
Sec. 3. That when said bonds
have been executed, as aforesaid,
they shall be delivered to tpe Treas-
urer of, said city who shall register
the same in a book provided for that
purpose and shal] thereupon deliver
said bonds to the Purchasers as may
hereafter be determined by this
Council, upon receipt of the ' pur-
chase price, the same to be not less
than the par value of said bonds
with accrued interest thereon.
Sec. 4. That the taxes provided
for the Dock Fund and as levied by
the ordinance adopted February 8tht
32
entitled "An ordinance provide
1937
,
ing for an annual special tax for
Dock purposes and declaring an
are
emergency" be, and the same
hereby pledged tb the payment of
the bonds hereby authorized, and
al and interest fall-
i
ri
p
nc
that the p
ing due at any time when there are
insufficient funds to pay the same
paid promptly
b
e
from Said taxes
when due from current funds on
hand and reimbursement be made to
special current funds in the sums
'd when the said taxes
n
d"
ce
va
thus a
hall have been collected.
s
5. That all resolutions or peti-
Sec
.
tion hereof in conflict herewith be,
and the same are hereby repealed.
Introduced and ordered placed on
file February 1st, 1937.
Passed and approved Febrgary
Sth, 1937.
F, M. JAECER,
Mayor.
JOHN S. CHALMERS,
M. R. KANE,
PETER SCHILTZ,
A. 14I. BENNETT,
Councilmen.
fittest: J. J. SHEA,
City Clerk.
Recorded Febru~ryJ9tSHEA?
City Clerk.
Councilman Schiltz moved the
adoption of the resolution. Second-
ed by Councilman Bennett- Carried
by the following vote:
Yeas-Mayor Jaeger, Councilmeu
Bennett, Chalmers, Kane, Schiltz•
Nays-N'bne•
Resolution No. 17=-37• Resolution
diiec'ting the advertisement and sale
of Thi"rty Thousand bollar Doelc
Bonds. Whereas, it is iiecessary and
for the best interests of the City of
Dubuque, Dubuque Cbuuty, Iowa,
that Thirty Thousand bollar ($30,
authorizedoto benesued, beroffere
for sale at this time:
Now, Therefore, be it Resolved b
the City Council of the City o
Dubuque:
Section 1. That Dock Bonds i
the principal amotrnt of Thirty Tho
sand Dollars ($30,000.00), as pr
posed to be issued and as refs"rte
datedtp'ebruary by t,o1937e besoffere
for sale pursuant to published a
vertiaement,
Sec. 2. That the City 'Clerk
and the same is hereby authorize
and directed to publish notice of t
sale of said bonds far two or mo
consecutive weeks in the Telegrap
Herald, an official newspaper of D
buque. Copnty, Iowa, printed a
published zn the City bf D'ubuqu
Iowa, 'such notice to state that b
will be received and 'acted upon by
Special Sessiori, February Sth, 1937
- a11'thb taxable property in said city.
e The City 'will furnish the apprbf'-
d ing opinion bf Mes'srs. Chapman &
y bids must be sa cohilitione~. Bid•
n ~aS guarahtee of goad faith, this
u- amount to be forfeited by the sue-,
o- CesSfui bidder shodld he 'fail to take
d• By bide"r of the City Council datefl
be, J. J. SHEA,
he Sec. 3. That the City Clerk is
nd as may be deemed advisable'in or•
this Council at a meeting to be held
at 7:30 P. Ivi, on March 1st, 1937,
and such notice to be in substan-
tially the following forme
NOTICE OF SALE CF DOCK
BO OF DU$UQUE.ITY
Sealed bids will be received at the
office of the City Clerk in the City
Hall, Dubuque, Iowa, until 10:00 A.
M. oh March 1st, 1937, for Thirty
Thousand Dollars ($30,000.00) Dock
Bonds of the City of Dubuque, Iowa,
at which 'time they will be roferred
to the City Council bf said city at
its meeting to be held on that date
in the council chamber in the City
Hall and after the receipt of which,
open bids will be received and the
bonds then sold to the highest bid-
der for cash. Said937 nand,malture
dated February
'as follows: $5,000.00 on February 1,
1940; $5;000.00 on February 1, 1941;
$5,000.00 on February 1, 1942;
$5,000.00 an February 1, 1943;
$5,0'00.00 oh February 1, 1944; and
$5,000.00 on February 1, 1945• Both
principal and in't'erest are tb be Pay-
able at the ofnce bf the City Treas-
urer, Dubuque, Iowa. All bids shall
specify the rate of interest and, all
other things being 'equal, the hid of
par and accrued interest or better
for the lowest interest rate will be
given preferencehehcostcafspr nt g
der must Hay
the bonds.
These bonds are to be issued for
the purpose of defraying the cost of
constructing works and improve-
ments far the harbor and river front
of said city and purchasing Property
for said purpose and rvfll be payable
both as tb principal and interest
from annual special taxes levied On
Cutler, lawyers, Chicago, Ill„ and all
f gets must furnish certified check for
Fifteen Hundred Dollars ($1'500.00)
d up .and ;pay ib'r the bonds when
n ready. The right is reserved to re-
d feet any 'and 'all bids~
February 8th, 1937.
a city Clerk.
further authorized ~tb prepare such
u- circulars and further advertisement
e der to afford due .publicity for the
ds sale of said bonds.
Sec. 4, All resolutions and parts
Special Session, February,-8th, 1937 _3~
of resolutions in conflict herewith
are hereby repealed.
Passed and approved this 8th day
of February, 1937.
P. M. JAEGEI3,
Mayor.
JOHN K. CHALMERS,
M. R. KANE,
PK`PE13 SCHII.'lZ,
A, M. BENNE'TT,
Councilmen.
Attest: J. J. SHEA,
City Clerk,
Councilman Chalmers moved the
adoption of the resolution. Seconded
by Councilman Schiltz. Carried by
the following vote:
Yeas-Mayor Jaeger, Councilmen
Bennett, Chalmers, Kane, Schiltz.
Nays-None,
Notice of Claim for personal in-
juries gaud property 'dama'ge's of John
Wortley in the sum bf $2,934.25 pre-
sented and read.
Coiln'eiiman Schiltz moved to refer
1h0 No'tfce of Claim to the City Sb-
iicitor. Seconded by Councilman
Bennett. 'C'arried by the following
vote:
Yeas-Mayor Jaeger, Councilmen
Bennett, Chalmers, Kano, Schiltz,
Nays-None.
Original Notice of Suit on fbre-
closure of Note of D, W, Bates, as
BeceiVer of the Union 'Trust and
Savings Bank as Plaintiff vs. Emma
Schmid, City of Dubuque, et al, as
Defendants, presented and read.
Councilman Bennett moved to re-
fer the notice to the City Solicitor.
Seccndod by Counef]•man Schiltz.
'Carried by the following vote:
Yeas~~ Mayor Jaeger, Councilmen
Bennett, Chalan~era, Kane, Schiltz.
Nays-None.
Communfeatton of National Rivera
and H'axbor Congress advising that
th'e next meeting of the Projects
'Committee of the National Rivers
and Harbors Congress will be held
in Washington, D. C,,, on April 23rd,
and 24th, 1937, presented and read.
Councilman Kane moved to r~
ceivo and file the communication.
Seconded by Councilman Benue4t.
Carried by the following vote:
Yeas-Mayor Jaeger, Councilmen
Bennett, Chalmers, Kaue, Schiltz,
Nays-None,
Petition of H, B. MCCarten re-
questirig that he be allowed an ex-
~emption of the 1936 taxes in the
amount of $13.58 ion the west 60
feet of Lots ,21; 22, 23 in Bonson &
Stewart's Sub., as said property is
being used for ieoreatfona] purpos-
res, presented and read,
Couneilmari i{a]ie moved that the
request be granted and that a war-
rant in the amount of X1.3,58 be ord-
2red drawn on the City Treasurer
against the Recreation Fund in fav-
or of H• $. McCarten, said amount
to be applied on the payment bf the
1936 taxes on the west 60 feet of
Lots 21, 22, 23 iu Bonson & Stew-
art's Sub., far the tree of ~safd pro•
petty foi• recreational purposes. Sec-
onded by Councilman Chalmers. Car-
ried by the following "vote:
Yeas-Mayor Jaeger, Councilmen
Bennett, Chalmers, Kane, Schiltz.
Nays-None.
Petition of H. A. Bischoff request-
ing that the property located at 724-
'12$ Lincoln Avenue (at Lincoln and
Stafford Avenues) be rezoncxl from
a ``7'wo•Family Residence bistrfets'
to "Local Business District" pre-
sented and read.
Councilman Kane moved to refer
the petition to the Planning and
Zoning Commission for 'their recom-
mendation and repo"rt. Seconded by
'Councilman Bennett. Carried by the
following vote:
Yeas-Mayor Jaeger, Councilmen
Bennett, Chalmers, Kane, Schiltz.
Nays-None.
Petition of Bethany Home 'for the
Aged, referred to the City Council
by the Board of 'Supervisors, re-
questing caneollation of the 1936
taxes on the southeast 4'2 feet b'f
east five 'fee't of Lot 10 of King's
Grove Addition and Tots 83, 84 and
S5 of Pleasant View Additibu,, pre-
sented and read.
Councilman Schiltz moved to re-
fer the petition to the City Solicitor
for investigation and report. Seb•
onded by Councilman Chalmers. Car•
tied by the "following vote:
Yeas-Mayor Jaeger, Councilmen
Bennett, Chalmers, Kane, Schiltz.
Nays-None.
Petition of Anna Wampach, refer-
red to the City Council by the Board
of Supervisors, requesting suspen-
sion of the 1936 taxes bn Lot 39 of
Hooper's Addition, presented and
read.
Councilman Schiltz moved to re•
fer the petition to the City Solicitor
for investigation and report. Sec-
onded by Councilman Chalmers. Car•
xied by the following vote.
Yeas=Mayor Jaeger, Cbunclfnen
Behhett, Chalmers; Rabb, Schiltz,
Nays=None.
Petition of Joseph 'Sitterly, refeT•
'red to the City Council by the Board
bf Sdpeivisbrs, requesting auspen•
sibn of the 1938 taxes on Lot 44 of
Stafford's Addition, .presented and
read.
Councilman Schiltz moved to refer
the petition to the City Solicitor for
investigation and report- Seconded
by Councilman Chalmers- Carried
by fire following vote:
"~
~~'
~~
Special Session, February 18th, 1937 3S
~~1
,.
i4l!
a~
~~
~I ,
~~
~!I
,F'.
~;
~~ .
~~;
®„
~I
^~
®~
34
Special Session, February 8th, 1937
Yeas-Mayor Jaegdr, Councilmen
Bennett Chalmers, Kane, Schiltz.
Nays-Alone.
Petition of Frank Larem, referred
to the City Council by the Board
of Supervisors, requesting suspen-
sion of the 1936 taxes on the east
-four feet of north 162 feet of Lot
1 of 1 of 145, Lot 1 of 1 of west '/4
of 145A, and Lot 2 of 1 of West 1/a
of 145A of L. H. Langworthy's Add.,
presented and read.
Councilman Schiltz moved to re-
fer the petition do the City Solicitor
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,
Petition of Kate S. Lundbeck, re-
ferred to the City Council by the
Board of Supervisors, requesting
suspesision of the 1936 taxes on
Lot 11 of Cox's Addition, and Lot
242 of Woodlawn Parlt Addition, pre-
sented and read.
Councilman Schiltz moved to refer
the petition to the City Solicitor for
investigation and report. Seconded
by Councilman Chalmers, Carried
by the following vote;
Yeas-Mayor Jaeger, Councilmen
Bennott, Chalmers Kane, Schiltz.
Nays-None.
February 5, 1937.
Mr. R. M, Evans, ,
City Manager,
Dubuque, Iowa.
Dear Mr. Evans:
We have your letter of February
2 stating that the balance of
$24,520.42 due the bond sinking fund
will be returned by March 31 and
used to reduce the amount which
you plan to refund at that time.
We also are in receipt of the ap-
plication to transfe? temporarily
$17,000.00 from tlue . w a t e r w o r k s
sinking fund to finance a swimming
pool project.
We are taking no action in the
matter of the proposed transfer.
Thero are several reasons why we
deem it dangerous to make the
transfer. The transfer is to be made
from a trust fund created far the
purpose of paying certain indebted-
ness. The money is to be repaid
from an uncertain source. We do
not know of a single swimming pool
that has been cohstructed in recent
years that is creating a surplns over
operating costs. In some instances
a tax is being levied to help main-
tain the pool. There is also some
doubt as to the legality of an ex-
penditure of this kind without a vote
of the people of the city,
The council has the right to es-
tablish and construct swimming
pools if they have the money but
your city is incurring an indebted-
ness of $17,000.00 while Sections
6239-4 and 6241 of the Code say that
an election must be held. This has
beep the view taken by the Attor-
ney General's office for some time
where the expense must be financed
from another fund, We have asked
the present Attorney General for his
opinion as to calling an election.
In the meantime we will hold your
papers.
If it seems certain the revenue
from the pool will- be amp1E' to pay
the city's share of the cost why not
sue erevenueerbondsteor308erttfi ates
which are not a direct obligation of
the city.
Very truly yours,
C. B. MURTAGH,
State Comptroller.
Councilman Bennett moved that
the communication of State Comp-
troller Murtagh be made a matter
of record. Seconded by Councilman
Schiltz. Carried by the following
vote:
Yeas-Mayor Jaeger, Councilmen
Bennett, Chalmers, Kane, Schiltz.
Nays-None.
February 5, 1937.
To the Honorable Mayor and City
Council,
Dubuque, Iowa.
Gentlemen: I am submitting here-
with reports of the City Auditor,
City Treasurer and City Water De-
partment for the month of January,
1937, also list of claims and list of
payrolls for which warrants were
drawn during the month of January,
1937.
Respectfully submitted,
R. M. Evans,
City Manager.
Councilman Bennett 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. ,
Resolution No. 18-37
Whereas, heretofore application
was filed 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 oo-
copied by him have been inspected
and found to comply with the or-
dinance oP this City and he has Bled
a proper bond: Now,, therefore,
Be it resolved by the Council of
the City of Dubuque that the Man•
ager be and he is hereby directed
to issuo to the following named
percson CLASSPBmPERMIT
Name, Address.
Clarence L. Schadle (Renewal),
461 8th Avenue,
Be It Further Resolved that the
bond filed by such applicant be and
the same is hereby approved.
Passed, adopted and approved this
8th day of February, 1937.
F. M, JAEGER,
Mayor.
JOHN K, CHALMERS,
M. R. KANE,
PETER SCHILTZ,
A. M, BENNETT,~,,
Councilmen.
Attest: J. J, SHEA,
City Clerlt.
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.
There being no further business,
Councilman Kane moved to ad-
journ. Seconded by Councilman
Schiltz. Carried by the following
vote;
Yeas-Mayor Jaeger, Councilmen
Bennett, Chalmers,. Kane, Schiltz.
Nays-None,
' J. J. SHEA,
City Clerlt.
Approved ......................................1937.
Adopted ........................................1937
Councilmen : . ........................................
Attest : ..................................................
City Clerk.
CITY COUNCIL
(Official,)
Special Session, February 18th,
1937.
Council met at 5:05 P. M,
Present-Mayor Jaeger, Council•
men Bennett, Chalmers, Kane,
Schiltz, City Manager Evans.
Meeting called by order of Coun-
cilmen Kane and Chalmers.
Mayor Jaeger read the call and
stated that service thereof had been
duly made and that this meeting is
called for the purpose of considering
the communication of City Manager
Evans advising the City Council of
his action in suspending Edward
Vosberg, Deslt Sergeant; Ernest
Breithaupt, Patrolman; and Ray
Horsfall, Detective, for a period of
thirty days each, and acting upon
any other business as may properly
come before a regular meeting of
the City Council,
Communication of City Manager
Evans advising Council of his action
in suspending Edward Vosberg,
Desk Sergeant; Ernest Breithaupt,
Patrolman; and Ray Horsfall, De=
tective, for a period of thirty days
each, presented and read,
Councilman Kano moved to refer
the communication of City Manager
Evans to the City Council for inves-
tigation, Seconded by Councilman
Chalmers. 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 Bennett.
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: .....,..., ................ ......................
Clty Clerk.
36 Special Session, rebruary 20th, 1937
CITY COUHCII
(Official)
Special Session, February 20th,
1937.
Council met at 4:00 P. M.
Present-Mayor Jaeger, Council-
men Bennett, Chalmers, Kane,
Schiltz, City Manager Evans,
Meeting called by order of Coun-
cilmen Kane and Chalmers,
Mayor Jaeger read the call and
stated that service thereof had been
duly made and that this meeting is
called for the purpose of consider-
ing and taking action upon the writ-
ten report of the City Manager re-
garding the suspensions of Police
Officers Ray Horsfall, Ernest Breit-
haupt and Edward Vosberg.
Resolution No. 19-37.
Resolution affirming the action of
the City Manager in suspending
Police Officer Ray Horsfall.
Whereas, the City Manager has
suspended Police Officer Ray Hors-
fall from the Police Department for
a period of thirty (30) days for neg-
lect of duty and, within twenty-four
(24) hours thereafter, reported in
writing such suspension to the Ceun•
cil of the City of Dubuque; and
Whereas, said Council has made
an investigation of the facts and
merits of such suspension; Now,
Therefore,
Be it Resolved by the Council of
the City of Dubuque that the action
of the City Manager in suspending
Police Officer Ray Iorsfall from the
Police Department for a period of
thirty (30) days far neglect of duty
be, and the same is hereby affirmed.
Be it Further Resolved that the
City Clerk be, and he is hereby di-
rected to cause to be served upon
such suspended officer forthwith a
copy of this resolution.
Passed, adopted and approved this
20th day of February, 1937.
F. M. JAEGER,
Mayor,
JOHN K. CHALMERS,
M. R. KANE,
PETER SCHILTZ,
A. M. BENNETT,
Councilmen.
the City Manager in suspending Pol-
ice Officer Ernest Breithaupt.
Whereas, the City Manager has
suspended Police Officer Ernes t
Breithaupt from the Police Depart-
ment for a period of thirty (30) days
for neglect of hoursa thereafter
twenty-four (24)
t pthe dCoun It g the City pof sDu-
buque; and
Whereas, said Council has made
an investigation of the facts and
merits of such suspension; Now,
Therefore,
Be it Resolved by the Cauucil of
the City of Dubuque that the action
of the City Manager in suspending
Police Officer Ernest Breithaupt
from the Police Department for a
lectoofodutyrbe,(anddthe sameeg
hereby affirmed,
Be it Further Resolved that the
City Clerk be, and he is hereby di-
rected to cause to be served upon
such suspended officer forthwith a
copy of this resolution.
Passed, adopted and 19 proved this
20th day of Fe ~ JAEGER,
Mayor.
JOHN K. CHALMERS,
NI. R. KANE,
PETER SCHILTZ,
A. M. BENNETT,
Councilmen,
Attest: J. J• CHY Clerk.
Councilman Bennett moved the
ed byo CouncilmansoSc ltz, Carried
by the following vote:
Yeas--Mayor Jaeger, Councilmen
Bennett, Chalmers, Kane, Schiltz,
Nays-None.
Resolution No. 21-37.
Roaolution affirming the action of
the City Manager in suspending Pol-
ice Officer Edward Vosberg.
Whereas, the City Manager has
suspended Police Officer Edward
Vosberg Pram the Police Department
for a period of thirty (30) days for
neglect of duty and, within twenty-
four (24) hours thereafter, reported
in writing such suspension to the
Council of the City of Dubuque; and
Whereas, said Council has made
an investigation of the facts and
merits of such suspension; Now,
Attest: J, J, SHEA, City Clerk.
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. 20-37.
Resolution affirming the action of
Therefore,
Be it Resolved by the Council of
the City of Dubuque that the action
of the City Manager in suspending
Police Officer Edward Vosberg from
the Police Department for a period
of thirty (30) days for neglect of
duty be, and the same is hereby
affirmed.
Be it Further Resolved that the
City Clerk be, and he is hereby di•
Special Session, rebruary 20th, 1937
rected to cause to be served upon
such suspended officer forthwith a
copy of this resolution.
Passed, adopted and approved this
20th day of February, 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 adop•
tion of the resolution, Seconded by
Councilman Schiltz, Carried by the
following vote:
Yeas-Mayor Jaeger, Councilmen
Bennett, Chalmers, I{one, Schiltz.
Nays-None.
There being no further business,
Councilman Kane moved to adjourn.
Seconded by Councilman Chalmers.
Carried by the fallowing vote:
Peas-Mayor Jaeger, Councilmen
Bennett, Chalmers, Kane, Schiltz,
Nays-None.
J. J: SHEA,
City Clerk.
Approved ......................................1937.
Adopted ........................................1937.
Councilmen ........................................
Attest : ..................................................
C1ty Cle~l[.
37