1936 February Council ProceedingsRegular Session, February 3rd, 1936 i3
12 Special Session, January 23rd, 1936
't
was never charged to the City. In
other vrords, for at least three years
the have been paying only $300.00
for the $75,000 total of the bond.
According to the new Legislative
Act of 1935 passed by the 46th Gen-
eral Assembly, listed as Chapter 59
on Page 79, it is required that the
bond of the City Treasurer shall be
in the sum of not to exceed $10,000.
According to the 1935 Code of Iowa,
it is stated in Chapter 287, includ-
ing Section 5654•G-1, "Bond Amount
-The band of the City Treasurer
shall be in the sum of not to exceed
$10,000."
Mr. Brown has requested that due
to the fact that it is a compulsory
requirement to reduce this Treas-
urer's band, that a resolution be
passed by the Council authorizing
said reduction. Kindly consider the
attached resolution,
Respectfully submitted,
R. M. EVANS,
City Manager.
Councilman Chalmers moved to
receive and file the communication
of City Manager Evans, Seconded
by Councilman Roberts. Carried by
the following vote:
Yeas -~- Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays -None.
Resolution No. 5-36
A Resolution by the City Council
of Dubuque, Dubuque County, Iowa,
reducing the City Treasurer's bond
from $75,000 to $10,000.
Whereas, by the action of the 46th
General Assembly of Iowa, as quoted
in Chapter 59, the bond of the City
Treasurer shall be in the sum of
not to exceed $10,000; and
Whereas, again in the 1935 Code
of the State of Iowa, in Chapter 287,
Section 5654-G-1, it is also stated
that the bond of the City Treasurer
shall be in the sum of not to exceed
$10,000: Now, Therefore,
Be It Resolved by the Council of
the City of Dubuque that the bond
of the City Treasurer be reduced to
the sum of $10,000.
Passed, adopted and approved this
23rd day of January, 1936.
M, R. KANE,
Mayor.
JOHN K, CHALMERS,
W. S, ROBERTS,
PETER SCHILTZ,
F. M. JAEGER,
Councilmen,
Chalmers, Jaeger, Roberts, Schm1 z,
cant for Beer Permit and has re-
Nays-None.
Resolution No. 6-36
Whereas, heretofore application
was filed by the within named appli-
ceived the approval of this Council;
and
Whereas, the premises to be oc-
cupied by him have been inspected
and found to comply with the ordi•
nances of this City and he has filed
a proper bond: Now, Therefore,
Be It Resolved by the Gity Coun-
cil of the City of Dubuque that the
Manager be and he fs hereby di•
rected to issue to the following
named person a Beer Permit.
CLASS "B" PERMIT
Louis Chase (Transfer of address
from 1401 Elm Street)-998 Central
Avenue.
Be It Further Resolved that the
bond filed by such applicant be and
the same is hereby approved.
Passed, adopted and 936 raved this
23rd day of January,
M. R. KANE, Mayor.
JOHN K. CHALMERS,
W, S. ROBERTS,
PETER SCHILTZ,
F. M. JAEGER,
Councilmen.
Attest: J• C9SY Clerk.
Councilman Chalmers moved the
adoption of the resolution. Second•
ed by Councilman Jaeger. Carried
by the following vote:
Yeas -Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None.
There being no further business,
Councilman Schiltz moved to ad-
journ.. Seconded by Councilman Jae•
ger. Carried by the following vote:
Yeas -Mayor Kane, Councilmen
Chalmers, Jaeger, Roberta, Schiltz,
Nays-None, J J. SHEA,
City Clerk,
Adopted 1936.
Approved 1936.
Councilmen: i ........................................
Attest: J. J, SHEA,
City Clerk.
Councilman Chalmers moved the
adoption of the resolution. Second-
ed by Councilman Jaeger. Carried
by the following vote:
Yeas -Mayor Kane, Councilmen
Jos. and F. McCoy, Lot 99,
Union Add., S, 75 ft ............. 71.84
Sebastian Manders, Lot 8,
Sub. Lots 95, 9G, 97, 98 Un-
ion Add., N. 51.45 ft ............. 49,29
Lucy Ewert, Lot 8, Sub, Lots
95, 96, 97, 98 Union Add.,
S. G.55 ft ................................. 6.27
Lucy Ewert, Lat 9, Sub. Lot
95, 96, 97, 98 Union Add..... 41.62
West Hill Chapel, Lot 122, Un-
ion Add., N. 40 ft ................. 38.31
Ed.' J. Mulligan, Lot 122, Un-
ion Add., N. 65 - ft. of S.
135 ft ......................................... 62.2G
Total ..........................................$346.22
263 lin, ft. 3 in. vit. the pipe
at $1.10 per lin. ft . ................$289,30
7.0 No, of 8 in. by 4 in. Y
branches at $2.00 each.......... 14.00
1.0 No. of brick manhole com-
plete .......................................... 40.00
Interest at 6 per cent .............. 2.92
Total ..........................................$346.22
AlI of which is assessed in pro-
portion to the special benefits con-
ferred.
Passed, adopted and approved this
3rd day of February, 1936.
M. R. KANE,
Mayor.
JOHN K. CHALMERS,
W. S. ROBERTS,
PETER SCHILTZ,
F. M. JAEGER,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Schiltz moved the ad-
option of the resolution. Secouded
by Councilman Jaeger. Carried by
the following vote:
Yeas--Mayor I{one, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None. -
(Resolntion providing for the is-
suance of Public Sewer Bonds.)
City of Dubuque, Iowa
Resolution No, 8-36
Whereas, the contract heretofore
entered into by the City of Dubuque
for the construction of an eight (8)
inch Tile Sanitary Sewer in Pear
Stt°eet hereinafter described; has
been completed and said improve-
ment has been accepted by the City
Council of said City and the City
Engineer has computed the cast and
expense thereof to be $346.22.
And whereas, public notice' as pro-
vided by law, has been published by
the City Clerk stating the intention
of the City Cattncil to issue bonds
to pay the cost of said improve-
ment and a public hearing has been
held pursuant thereto, and all ob-
jections filed thereto have been con-
sidered and determined:
Now, therefore, be it resolved by
the City Council of the City of Du-
Atteat: ~ ~ ""
.........................City .Clerk.
cirv councu
a ,,
(Official)
Regular Session, February 3rd,
1936.
Council met at 7:40 p. m.
_ Present -Mayor Kane, Council-
s men Chalmers, Jaeger, Roberts,
Schiltz, City Manager Evans.
Mayor Kane stated that this is
the regular monthly meeting of the
-
.- City Council for the purpose of act-
,t
,_" ing upon such business as may pro-,
perly come befiore the meeting.
Proofs of publication, certified to
~~, by the publishers, of notice of lavy
i
on
of special assesstneut and intent
of the City Council to issue bonds
for the construction of an eight inch
vitrified the sanitary sewer in Pear
Street from the manhole in Rush
Street two hundred sixty-three feet
`. northerly, amount of assessment
~; ~'
~ $346.22, presented and read.
;;
Councilman Chalmers moved that
~, .-
~~`~ the proofs of publication be received
'~ and filed. Seconded by Councilman
; Schiltz. Carried by the following
' vote:
Yeas-Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-Nona.
Statement of Clement A. Burd, Sllb-
scribed and sworn to, that he posted
notices•of levy of special assessment
~., and intention of the City Council t11
(- issue bonds, along the lice of im-
provement, for the construction of
an eight inch vitrified the sanitary
sewer in Pear Street from the mangy
hole in Rush Street two hundred
sixty-three feet northerly, presented
and read.
Councihuan Roberts moved that
the statement be received and filed.
Seconded by Councilman Chalmers.
Carried by the following vote:
Yeas-Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None.
Schedule of Assessments.
Resolution No. 7-36
Resolved by the City Council of
the City of Dubuque: That to paY for
the construction of an eight (8) inch
vitrified the Sanitary Sewer in Pear
Stt•eet frmu the manhole in Rush
Street hvo hundred sixty-three (263)
feet northerly, Thos. Flynn Coal Co.,
contractors, in front of and adjoin-
ing the same, a special tax be and
is hereby levied on the several lots,
and parts of lots, and parcels of
r~2a1 estate hereinafter named, situ-
ate and owned, and for the several
amounts set opposite each lot or par•
pel of real estate, as follows:
Leo A. Sullivan, Lot 121, Un•
ion Add., N. 80 ft ...................$ 76.63
14 Regular Session, February 3rd, 1936
buque that to provide for the cast
of the construction of an eight (8)
inch vitrified the Sanitary Sewer in
Pear Street from the manhole in
Rush Street two hundred sixty-three
(263) feet northerly, there be is•
sued sewer bonds to the amount of
$346.22. Said bonds shall be issued
under tl}e provisions of Chapter 311
of the Cade of Iowa 1927 which bear
date as of the 3rd day of March,
1936; shall be in denomihations of
$100.00 except that there shall be one
bond to the amount of $46.22. They
shall be numbered from 3697 to
3700 inclusive and shall be divided
into four series of which the bond
numbered 3697 shall constitute the
first series and shall be payable the
first day of April A. D., 1936; the
bond numbered 3698 shall constitute
the second series and shall be pay-
able the first day of April A. D.,
1937; the bond numbered 3699 shall
constitute the third series and shall
bE payable the fit•st day of April
A. D, 1938; the bond numbered
3700 shall constitute the fonrth'ser-
ies and shall be payable the first
day of April A, D., 1939.
Said bonds shall bear interest at
the rate of five per cent Per annum
which interest shall be payable semi-
annually, in accordance with the
terms of the coupons thereto at-'
tached; and said bonds shall be pay-
able out of the proceeds of the spe-
cial assessment levied for said im•
provement.
Both principal and interest shall
be payable at the office of the City
Treasurer in the City of Dubngne.
Said bonds shall be substantially in
the fallowing form:
No ..................:......
Series No .........................
CITY OF DUBUQUD
SEWER BOND
The City of Dubuque jn the State
of Iowa promises to pay as herein-
after mentioned to the bearer here-
of, on the first day of April, A. D.
193....; or any time before that date
at the option of the City, the sum
of one hundred dollars ($100.00),
~vitlt interest thereon at the rate of
five per cent per annum, payable on
the presentation and surrender of
the interest coupons hereto attached,
bath interest and principal art'? Pay-
able at the office of the City Treas•
urer in the City of Dubuque in the
State of Iowa. This bond is issued
by the City of Dubuque pursuant
to and by virtue of Chapter 311 of
the Code of Iowa, 1927, and in ac•
cordance with a resohttion of the
City Council of said City, duly paw-
ed on the 3rd day of February, 1936.
This bond is one of a series of four
bands, three for $100.00 numbered
from 3697 to 3699 inclusive and one
for $46,22 numbered 3700'x all of
like tenor and date, and issued for
the purpose of the construction of
an eight (3) inch vitrified the San-
itary Sewer in Pear Street front the
manhole in Rush Street two hundred
sixty-three (263) feet northerly, and
described in said resolution; which
cost is assessable to and levied along
said improvement, and is made by
law a lien on all abutting or adja•
cent property, and payable in ten
annual installments, with interest on
all deferred payments at the rate of
five per cent per ammm, and this
bond is payable only out of the mon-
eyderived from the collection of said
special tax, and said money can be
used for no other purpose. And it is
hereby certified and recited that all
the acts and conditions and things
required to be done precedent to and
in the issuing of this series of bonds,
have been done, happened and per•
formed in regular and due form as
required by said law and resolution;
and for the assessments, collections
and payment hereon of said special
tax, the faith and diligence of said
City of Dubuque are hereby irre•
vocably Pledged.
In witness whereof, the City of
Dubuque by its City Council has
caused this bond to be signed by
its Mayor and countersigned by its
City Clerk, with the seal of said
Glity affixed this 3rd day of Febru-
ary, 1936, and has authorized the use
of their fac-simile signatm•e to the
interest coupons hereto attached.
............................... Mayor,
Countersigned (Seal)
..........
................................City Clerk.
(Form of Coupon)
On the ................daY of..........................
A. D. 193,..., the City of Dubuque,
Iowa, promises to pay to the bearer,.
as provided in the bond, the sum
of ...........................................Dollars, at
the office of the City Treasurer in
the City of Dubuqus, being ................
months interest dtte that day on its
Sewet• Bond No .......................... dated
............................................. 193.....
...............................~ayor..............
Countersigned
......................................................
City Clerk.
Be it further resolved, that the
Mayor and City Clerk be and they
are hereby instructed to cause said
bonds to be Prepared and tivhen so
prepared to execute said bonds, and
that the City Clerk be and he is
hereby instructed to register said
bonds in a book to be kept by him
for that purpose', and to then de-
liver them to the City Treasurer
who will also register them in a
Regular Session, February 3rd, 1936 15
book to be ]cept by him far that
purpose.
~kl Be it further resolved, that the
City Treasurer be and he is hereby
~. instructed to sell said bonds in the
manner provided by law, the pro-
ceeds of said sale to be kept in a
special fund to be known as Server
Fund.
Be it further resolved, that the
interest coupons attached to the
bonds be signed with the fac-simile
signature of the Mayor and counter.
~,"y'. signed with the fac-simile signature
~~ of the City Clerk.
.. Be it further resolved, that as fast
u~ as funds allow, beginning with the
second year after the payment of
interest due, these bonds shall be
called and retired in the same ordsT
as numbered,
Adopted this 3rd day of February,
1936.
"' Approved:
M. R. KANE,
Y,,:'• Mayor. ~
' JOHN K. CHALMERS,
~ W. S. ROBERTS,
; PETER SCHILTZ,,
F. M. JAEGER,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Schiltz moved the ad-
option of the resolution, Seconded
by Councilman- JaegEr. Carried' by
the following vote:
Yeas--Mayor Kane, Councihnen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None.
Claim of William Cosley in the
amount of $650.00 far injuries re-
ceived in falling on icy pavement at
the southwest corner of Julien Av
enue and Booth Stt•eet, presented
and read.
~ Councilman Schiltz moved to re•
fer the claim to the City Solicitor.
Seconded by Councilman Chalmers.
. i Carried by the following vote:
Yeas-Mayot• Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None.
Petition of Trustees of St. John's
' Evangelical Lutheran Church re•
questing the City Council to deny
the petition of the Board of Edu-
cation, when and if presented to the
City Council, requesting that East
Twelfth Stt'eet be closed from Gen•
tral Avenue to White Street, pre-
sented and read.
Councilman Roberts moved to re•
fer the petition to the City Council.
Seconded by Councilman Chalmers.
Carried by the following vote:
Yeas-Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None.
Petition of Rath's Central Market
requesting a refund on their cigar-
. ette license as they are discontinuing
their grocery store, preseuted ann
read.
Councilman Jaeger moved that the
prayer- of the petition be granted and
that a warrant in the amount of
$25.00 be ordered drawn on the City
Treasurer to cover the amount of
said refund. Seconded by Council•
man Schiltz. Carried by the follow-
ing vote:
Yeas-Mayor Kane,, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None.
Petition of Mrs. Elizabeth Byrne
requesting an 'exemption of taxes on
Lot 20 of Bonson & Stewat't's Sub.
as this lot is being used far play-
ground purposes since 1934, also t•e-
questing exemption from penalties
on assessment on Lot 1 of 2425 of
Bonson 8; Stewart's Sub., preseuted
and read.
Councilman Roberts moved to re•
fer the petition to the Recreational
Director to report back to the City
Council. Seconded by Councilman
Schiltz. Carried by the folowing
vote:
Yeas-Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None.
Petition of II. B. McCarten re-
gnesting the City Council to con-
sider the exemption of taxes, or the
equivalent, on the West 60 feet of
Lots 21, 2?, 23 in Bonson and~Stety-
art's Sttb, as the same is used for
playground purposes, presented and
read.
Councilman Roberts moved to re•
fer the petition to the Recreational
Director to report bath to the City
Council. Seconded by Councilman
Schiltz, Carried by the following
vote:
Yeas-Mayor Kane, Councihnen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None.
Petition of Anna A. Gripe request-
ing that the City Treasurer be in•
strutted to accept the sum of $76.51
plus interest at six per cent in pay-
tnent of the tax sale certificate cov-
ering the north half of the not•th
middle one•fifth of Out Lat 492,, pre-
sented and read.
Councilman Schiltz moved that the
prayer of the petition be granted
and the City Treasmrer instructed
to accept the principal of the tax
sale certificate plus six per cent in'
tet•est per annum. Seconded by
Councilman Jaeger. Caried by the
following vote:
Yeas-Mayor Kane, Councilmen
Chalmers, JaegEr, Robet•ts, Schiltz.
Nays-None.
Report of the Board of Health for
the month of December, 1935, pre•
sented.
Councilman Jaeger moved that the
report of the Board of Health far
the month of December, 1935, be
16 Regular Session, hebruary 3rd, 1936
received and placed on file. Sec•
onded by Councilman Schiltz. Car•
ried by the following vote:
Yeas-Mayor Kane, Councilmen
Cltaltners, Jaeger, Roberts, Schiltz.
Nays-None.
II II' 1 January 30, 1936.
'I e~ Mayor and City
To the Honorabl
~pl~~i ~I ~ _
Gonncil,
~ ~
i ~ I, Gentlemen: The writer was re•
4
il
~.,!'
~ ,
"i
~ ~ quested, by a conference today with
~~'!~'`i~l ~
° ~. Mrs. Mary Klein, 600 Central Av-
p,;l I~ ; epue, Dnbugne, Iowa, to see if the
I
'i i'
~
' City Uouncil would consider any
~P~ ~, possible reduction in the penalty
~
'~i
i''' II and interest on Mrs. Klein's special
,
y
,p a l assessment delinquency on Lot 293
~~!~~~ ' ~ which is located at the nm'theast
p
i,
j, ,' corner of Central Avenue and Sixth
~
i
l ~ Street. According to the publics.
tion of the delinquency, as of Janu-
~ ary 20, 1936, the original amount of
~ the assessment still due for the pav-
-
in tolls
ing of Central Avenue and s
'' { tion of boulevard lights on Central
j Avenue is $225.12, plus penalty and
~I~'
I
I -~ interest amounting to $13fi.10.
~
CI Mrs. Klein stated that she would
'~ I like to pay this delinquent assess-
r
;' ment on the basis of six per cent
~ I
i interest providing the penalty was
a~ I, removed.
Respectfully submitted,
R. M. EVANS,
City Manager.
Councilman Jaeger moved that the
County Treasurer be instructed to
accept the principal, plus six per
cent interest per annum and adver•
tising costs, the balance of penal-
ties and interest to be waived, on
the delinquent special assessments
levied against City Lot 293, Mrs.
Mary Klein, owner, for the improve-
ment of Central Avenue and the in•
stallation of boulevard street lights
on Central Avenue. Seconded by
Councihuan Schiltz. Carried by the
following vote:
Yeas-Mayor Kane, Councilman
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None.
February 3, 1936.
To the Honorable Mayor and City
Council,
Dubuque, Iowa.
Gentlemen: On May 6, 1935, four
(4) of our Resolutions were- passed
and adopted requiring all railroad
companies that operate in our city
to eliminate inadequate 'and part
time gate and flagman service. The
Resolutions included:
Resolution 64-1935-Chicago Gt•eat
Western Railroad Co.
Resolution 65-1935-Illinois Cen-
tral Railroad Co.
Resolution 66-1935-Chicago, Bur•
lington ~: Quincy Railroad Co.
Resohition 67-1935-Chicago, MiI•
Waukee, St. Paul & Pacific R. R. Co.
The ,new requirements in each of
these resolutions specified that each
Railroad Company was ordered and
required to provide, install and op-
erate, fot• the entire 24 hour period
of each day, a modern, approved,
electrically operated, ftashing• light
and rotating disc stop signal at each
of the streets in the city, where
pi•c~t*ious provisions had been requir•
ed for gate or flagman service for
the entire day and night, or far a
part time day period.
During the consideration of which
tyAe of signs should be determined,
we had splendid cooperation from
the Towa State Board of Railroad
Commissioners, through their engi•
user, Mr. H. A. Franklin, Other
data was ~semu•ed from the Signal
Engineer of the Minnesota Railroad
Commissioner and also from the
Railroad Inspector of the Mich-
igan Public Utility Commission. The
final decision was to purchase the
type of signal including the stop
sign on a gravity basis. In other
words, now if the electricity should
fail and if the separate emergency
battery at each crossing should not
replace the electricity, the stop
signs will swing into a right angle
position at each crossing plainly
seen by the vehicular traffic and by
pedestrians. These gravity stop
signs cannot be removed until at
least the electricity is again in effect.
Other conditions demanded and en-
forced by the Railroad Commission
were:
1.-That on each separate signal
two back flashing lights be installed.
This provides a flashing light ser•
vice, in fom• globes, on each of the
signal towers located on both sides
of the railroad tracks.
2.-On certain of the railroad
crossings, where pedestrian traffic
was known to be heavy, the Rail•
road Commission also required that
a small bell be installed as a warn-
ing to persons walking across the
tracks.
Prior to Friday, January 31, 1936,
all of the required modern signals
were installed and all of the same
were finally approved by Mr. H. A.
Franklin on January 31, 1936.
The general provisions of all these
signals include:
1.-Erection of a large concrete
base on both sides of Each crossing
near the right curb line, as traffic
approaches. These bases are each
lighted day and night by a small
guarded electric globe about two
inches above the street grade.
2.-Large signs are visible on each
signal designating "Railroad Cross•
ing."
3.-A sign is also installed on each
signal specifying the number of rail-
Rebular Session, rebruary 3rd, 1936 j7
road tracks that must be crossed
between the two signals.
d back ftashing lights
4.-Front an
each signal, including four
are on
separate globes that alternate as
d blanked lights about 40
'; lighted an
times per minute. Oue large stop
ach signal, with the word
sign is on e
tlined by red reflector but-
"
~•
~ ou
"Stop
stop sign is visible only
i
`' s
tons, Th
in the direction as a person ap-
,
proaches the railroad crossing when
a train is aAAroaching.
An analysis Ce tainst additional
made today.
equipment has beon installed. A
• complete outline of present signal
^ uipment now includes:
r eq
-At Jones Street-Two complete
1
s F ,
signals at the Milwaukee Railroad
r ;• tracks. The east signal includes two
h
, .
tra flashers bath north and sout
ex
Two complete signals at the Illinois
Central Railroad tracks.
-At First and Levy Streets-
2
.
Three complete signal's, inclltdfng
west of the Milwaukee Railroad;
one
west of the Illinois Central Rail-
one
road and one east of the Illinois
Central Railroad. The signal west
{~ of the Illinois Central Railroad has
two extra flashers facing nm•th.
3.-At Iowa Street-Two complete
signals, one north of the Milwaukee
~• Railroad, without back flashers, and
one signal south of the same. The
'1 signal south has also two extra flash~
s era.
4.-At Second Street-Two com-
' plate signals.
5,-At Third Street-One complete
signal west of the tracks with two
extra flashers facing north toward
Central Avenue, and one complete
signal east of the tracks including
an extra two liglrt flasher facing
'i?. south for traffic coming frmn the
Burlington Station.
6.-At Fourth Street-One com•
plate signal west of the tracks in-
cluding an extra two light flasher
facing north for White Street traffic;
and one complete signal east of the
tracks including an extra two light
~" ~ flasher facing south for traffic from
the Adams Co., etc.
`~ - 7.-At Seventh Street-One com•
plate signal tivest of the Mihvankee
Railroad tracks; and one complete
_ signal east of the same tracks in-
cluding an extra t`vo light flasher
facing south for traffic from Wall
Street.
At 7th Street, both east and west
nt the Great Western Raih'oad
tracks there are also located two
~v complete signals.
° 8.-At Eighth Street-One coma
plate signal at both the east and
west sides of the combined tracks.
~ 9.-At Eleventh Street-Two com•
plate signals at the Great Western
Railroad tracks. Two complete sig•
pals at the Milwaukee Railroad
tracks.
10.-At Twelfth Street-Two cam•
plate signals at each side of the
combined tracks.
11.-At Thirteenth Street-One
complete signal west of the tracks.
One complete signal east of the
tracks including on the north side
of the same a "Slaw" sign for traf•
fic going south on Pine Street.
12.-At Fourteenth Street-One
complete signal west of the tracks;
one complete signal east of the
tracks including also a "Slow" sign
on the north side.
13.-At Fifteenth Street -One
complete signal west of the tracks;
one complete signal east of the
tracks including also a "Slow" sign
on the north side.
14.-At Sixteenth Street-Two
complete signals.
15.-At Seventeenth Street-Two
complete'signals.
16.-At Nineteenth Street - A
change was authorized by the City
Council after the passage of Resolu•
tion 64-35. It was first planned to
close 19th Street. However, after
consideration by the Council, the
authority was granted that at least
ftashing signals should be installed
at 19th Street. Now on the west
side of the 19th Street crossing there
is a, special flashing signal with two
lights, but without the gravity stop
sign. This signal does have a fixed
sign "Stop on Red Signal". On the
east side of the 19th Street cross-
ing there is also operating a similar
signal as on the west side of the
crossing with an additional set of
two flashing lights facing north.
17.-At Garfield Ave.-Two com•
plate signals.
18.-At Rhomberg Ave.-Two cony
plate signals.
19.-At Lincoln Ave.-Two com•
plate signals.
20.-At Kniest Street-South of
the railroad crossing there is a com•
plate signal; north of the crossing
there was no signal originally plan-
ned because of the 22nd Street west
signal being at the same location.
There was, however,, installed an•
other flushing two light signal just
north of the Kniest Street crossing
without a. "Stop" sign.
21.-At 22nd Street-Two complete
signals.
22.-At 24th Street-West of_ the
crossing there is a complete signal;
East of the crossing- and on the north
side of 24th Street there is a com•
plate signal equipped with extra
equipment including another two
light flasher facing south toward
Prince Street and including an ex•
18 Regular Session, l~ebruary 3rd, 1936
tra slow sign facing north toward
Elm Street.
Method of Control of Signals
The following methods of control
of all the signals include:
(a) Jones Street signals, manual
control at Jones Street.
(b) 1st, Levy, Iowa, 2nd, 3rd and
4th, Street signals, manual cotttt•ol at
a tower east of the railroads be-
tween 2nd and 3rd Streets.
(c) 7th and 8th Street signals,
manual control at a tower east of
the railroads, south of 8th Street.
(d) 11th, 12th, 13th, 14th, 15th,
1Gth, and 17th Street signals, man-
ual control at a tower west of the
tracks south of 15th Street.
(c) 19th, Garfield, Rhomberg, Lin•
colnA Kniest, 22nd and 24th Streets
are all automatically controlled by
electric contacts on the rails that
cause the lights to flash at least 20
seconds prior to a train approach.
New Considerations
Mr. Franklin and other officials
from the four railroad companies
that have just completed these new
signals, have orally requested that
the Dubuque City Council consider
and include in an ordinance pro,
vision the following requirements:
Parking-No parking of cars or
trucks shall be made within at least
25 feet from each signal.
Stopping-Require that al] pedes-
trians and traffic shall stop and not
cross the tracks when the lights are
flashing. Certain violations have oc-
curred rECently. By the traffic ordi~
Hance revision, as of June 27, 1935,
Rule 54, etc. on the printed page 15,
we may cover this prevision for ar•
rests by local police officers. Thus
far only warnings have been made
by local police.
Attached is a copy of a 1930 Wat-
erloo ordinance that was left with
me by Mr. Franklin and is requested
to be considered.
Credit is certainly due to the four
local Railroad Companies for the fin,
al completion of these signals. De-
lays were caused in determining the
type of signals, m•dering the same,
securing the same, installing, and,
in certain cases, replacing new
equipment after considoration ny
Mr. Franklin.
It is suggested that all possible
provisions be now made for proper
protection of traffic at these cross-
ings.
Respectfully submitted,
R. M. EVANS,
City Manager.
Councilman Chalmers moved to re•
fer the communication of City Mau•
alter Evans to the City Solicitor,
Seconded by Councilman Roberts,
Carried by the following vote:
Yeas-Mayor Kane, Conncilntev
Chalmers, Jaeger, Roberts, Schiltz.•
Nays-None.
February 3, 193G.
To the Honorable Mayor and City
Council,
Gentlemen: Attached is a com-
plete approval from Mr. P. F. Hop-
kins of the P. W. A. Administration
at Des Moines, accepting the revised
plans in the elevated steel water
tank for a total sum of $750.00 more
than the originally approved and ac-
cepted bid.
Yours very truly,
R. M. EVAN,
City Manager.
Councilman Jaege7• moved that the
communication of City Manager Ev
ens be made a matter of record.
Seconded by Councilman Schiltz.
Carried by the following vote:
Yeas-Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None.
February 3, 193G. ,
To the Honorable Mayor and City
Conncil,
Dubuque, Iowa.
Gentlemen: This is to advise that
I have approved the following bonds
and policies covering signs and de-
sire your approval on same for fil-
ing :-
Dr. Charles E. Loizeaux, 220 West
Ninth Street--Policy No. 0. L. & T.
432717, Continental Casualty Co.
F. M. Jaeger Hardware Co., 622
Main Street-Policy No. GPL 107556,
Massachusetts Bonding & Ins. Co.
PIolscher's Apothecary, 1101 Main
Street-Policy No. OLT 5237, FiPe-
man's Fund Indemnity Co.
Wm. C. Leik, 501 Rhomberg Av-
enue-Policy No. 0. L. & T. 432716,
Continental. Casualty Co.
Schaetzle Drug Store, 2162 Central
Avenue-Policy No. GL 86359 G,
American Surety Co.
Palace Theatre, 506 Main Stt~eet
-Policy No. 12325, Employers Mut~
ual Casualty Co.
Renier's Store, 531 Main Street-
Policy No. IGB 3020, Standard Acci-
dent Ins. Ca ~~
Ado Genz, 1333 Central Avenue-
Policy No. 0. L. & T. 432708, Con-
tinental Casualty Co.
L. F. Rolling,, 255 West 8th Street
-Policy No. L. 0. L. 1421, New Am-
sterdam Casualty Co.
First National Bank (Clock), 5th
and Main Street-Policy No. IOT 87,
The Fidelity & Casualty Co.
Corbett & Scott, 14th and White
Streets-Policy No. 33751; Farmers
Union Mutual Automobile Ins. Co.
Cout•tland F. Hillyard and Sabyl
H. Kretschmer, 1101-1135 Main
Street-Policy No. IP 3444, The Fi-
delity & Casualty Co.
Leath & Co., 664.72 Main Street-
Regular Session, February 3rd, 1936 19
,l. Policy No. OLT 1043, Indemnity Ins.
Co. of North America.
Black & White Cab Co., 876 Lo•
• cost Street-Policy No. C. L. 123140,
,~ Columbia Casualty Co.
Walb •een Co., 813 Main Street-
~" Policy No. IP 2G36, The Fidelity &
Casualty Co.
National Dubuque Gat•ages, 880
Locust Street-112arylaud Casualty
J~'" Co.
B. & G. Battery & Electric Co.,
1084.1090 Iowa Street-Policy No.
LAG 102G, General Casualty Co. of
America.
~ Young Men's Cht•istian Associa-
,; tion, 9th and Iowa Stroets-Policy
No. PW-504, Central Surety & Ins.
' C Corporation.
d
5th
3~;
, an
Continental Oil Company,
Locust Streets-Policy No. PL-
~,. 132G18, Hartford Accidevt & Indem-
A-` pity Ca.
H. Trenkle Company, 1227 Cen-
tral Avenue-Policy No. IGB 3226,
~'• Standard Accident Ins. Co.
Advertisers' Service Company-
Policy No. CLI 2356, Cohunbia Cas-
ualty Co. Signs at the following lo-
~ cations; Kraft's Clothing Store, 831
"•; 'Main St.;George Dell, 1966 Central
•
t Avenue; Belmar Motel, 323 lfain
C.;. Street; George Weis, 1842 Central
~,~;• Avenue; Mel Lynn, 1424 West Lo-
F cost Street; Takos ~ Co., 472 Main
x_' Street.
~" General Outdoor Advortising Co.-
~ys!. Policy No. OLT 5219, Fireman's
"~~ Fund Iudevtnity Co. Signs at fol-
~ lowing locations: Iowa Cafe, 951
~
Main Street; Trimpler's Tavern, As-
bury and Cherry Street; Meyer 3
Raesch, 130 TVest 8th Street; Cnn-
Hingham ~ Thompson,, 255 West 1st
Street; Chase's Tavern, 998 Central
- Avenue; Walter Mengis, 1618 Cen~
. ~~ tral Avenue; Marie Werner Tavern,
' ~ 2372 Central Avenue; Snyder's Tav-
'"• et•n, 543 West 8th Street; Wm. Cos-
ley Tavern, 1121 Julien Avenue;
Colley Eottling Ca., 141 Locust
Street; Coney Island Lunch, 720
_ Main Street.
Ra,inho Oil Company-Signs at fol-
'. lowing locations: Rainbo Ofl Co.,
4th St. Extension; Walsh Service
Station, Grandview and Delhi; Smith
~• ~~ & Groppe, 6th and Central Ave.;
`-±` Zwack Service Station, 14th and
-'~w~ Jackson Sts.; M. J. Ludwig, Grand-
t; view and Rockdale Rd.; Policy No.
ILO 555D7, Gt•eat American _Indeut-
;
,
pity Co.
~, Tri-State Advertising Service, Inc.
Signs at the following locations:
Hillsboro Brewing Co., 429 Main St.;
Wm. Hill, 2026 Central Ave.; I. A.
Koehner, 244 West 6th St.; L. J.
Roth, 399 East 20th St.; C. Buelosv,
1555 So Grandview; J. Carney, 116
West 6th St.; F. J. Weber, 189 Lo-
cost St.; Kellen & Kretz, 604 Cev-
,. tral Ave.; Wm• Cosley, 1121 Julien
Ave.; Meyer's Tavern, 250 West 1st
St.; (Premises Vacant), 1401 Elm
St.; F. H. Renter, 2618 Windsor
Ave.; Star Auto Exchange, 235 West
2nd St.; (Premises Vacant), 1902
Washington St.; Rivers Dentists, 718
Main St.; Coney Island Lunch, 720
Maio St. Policy No. OLT 5223,
Fireman's Fund Indemnity Co.
Respectfully submitted,
R. M. EVANS,
City Manager.
Councilman Jaeger moved that the
bands and policies be approved and
placed on file. Seconded by Conncil•
man Schiltz• Carried by the fol.
lowing vote:
Yeas-Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None.
Resolution No. 9-36
Whereas, application for Class "B"
Beer Permit has been submitted 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 forth-
with inspected:-
CLt~SS "B" PERMIT
Clarence'.L. Shadle, 461 West 8th
Street.
Passed, adopted and approved this
3rd clay of February, 1936•
M. R. KANE,
Mayor.
JOHN K. CHALbIERS,
W. S. ROBERTS,
PETER SCHILTZ,
F• M. JAEGER,
Councilmev.
Attest: J. J. SHEA,
City Clerk.
Councilman Chalmers moved the
adoption of the t•esolntion. Second-
ed by Cotmcilman Schiltz. Carried
by the following vote:
Yeas-Mayor Kane, Coutcilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None.
Resolution No. 10-36
Whereas, heretofore application
rues filed by the within named appli-
cant for Beer Permit and has re-
ceived the approval of this Council;
and
Whereas, the premises to. be oc•
cnpied by him have been inspected
and found to comply with the prdin-
ance of this City and he has filed
a Proper bond: Now,, therefore,
Be it resolved by the Conncil of
the City of Dubuque that the Man-
ager be and he is hereby directed
to issue to the following named per-
son aBeer Permit.
Regular Session, I
21
'ebruary 3rd, 1936
fl Z0 Regular Session, )iebruary 3rd, 1936
he appointment of Wil-
TION:' The one does not embrace
CLASS "B" PERMIT
7, and 3 of Schiltz Subdivision to cancy by t
Y~
liam Roberts. This appointment of
h
t the other. If this distinction is to
lied then it follows that the
r` `h
I 461 West 8th
chadle
Clarence L. S the City of Dubuque; and
a
fore said Zoning M p
b e
o fill t
NIr. Roberts in 1934 was
• Thom son,
rm of Mt. P
t he app
constitutional provision above refer-
,,
jo Street.
th e
Whereas,
can be thus amended and changed, e
unexpired
and it applied only to the term which
red to has no application to the fill-
ies in municipal offices
~
ni !'~
~' e
Be it further resolved that
bond filed by such applicant be and it is necessary that a public hearing
therefore
Now
h ;~ was to expire in April, 1935. Mr.
alified for that un- fug of vacanc
l
h
e
tl
t
i
i~~l ~I the same is hereby approved.
ed this ,,
,
ereon.
be held t
Be it resolved by the City Coua• •-s
~ Roberts duty qu
expired term.
h
hi such
s in
anc
~Plointees
fill va
o
it is limited to such
Rather
ffi
'
~q " Passed, adopted and approv
36 cif of the City of Dubuque, that said c
In 1935, when the term to w ,
ces.
o
are filled at general elec-
ff
I
~~.I{~; .
19
3rd day of February, recommendation be and the same is fir, Thompson had been elected be- ices as
o
fined by the statute. I
d
i
~
61 "i M. R. KANE,
r
M
hereby approved, and the Clerk is
gan he being dead, could not qualify
e
ons as
t
clined to hold that tho' consti-
i
.
ayo
JOHN K. CHALMERS, directed to cause to be published in
Telegraph-Herald a notice of a
th for that term and, consequently an•
r vacancy occurred. The Coun•
'
h n
am
tutienal provision has no application
ff
~~
~
'
~ W. S. ROBERTS,
ILTZ e
Public hearing to be held by this e
et
cif thereupon appointed Mr. Roberts ices.
to vacancies occuring in City o
st next look to any statu~
W
~
^
~
~
~„ ,
~ ER SCH
PDT Council upon the proposed changes
to fill the unexpired term . of Mr.
ff
e ma
rovisions relating to the fill•
•
'~ C' F. M. JAEGER,
ncilmen
C and amendments, the date of said -
Thompson. Mr. Roberts again qua y p
tm
of vacancies.
in
~,,~ .
ou meeting being hereby fixed at 4:00 ,fled under this appointment.
i g
ction 1146 of the Code defines
S
i
h
1~~ Attest: J. J. SHEA,
City Clerk. o'clock P. M. on Monday, February
d to be held in the Coun-
936 s
The question for determination
r this appointment of Dlr.
h e
when a vacancy occtu•s and reads
~
~
~
'
'
~~ Councilman Schiltz moved the ad•
d
d , an
24, 1
cfl Chambers in the City Hall, saSd " e
whet
Roberts extends to the end of the as follows:
civil office shall be vacant
"E
i!
i
il
~~ ' e
option of the resolution. Secon
Carried by
er
J notice to be published at least 15
t ;, term to which Mr. Thompson had
which
d i
4 very
upon tha happening of either of the
.
aeg
by Councilman -
days before the date of said mee n
an
been elected in 193 t
!,q I,; the following vote:
il ing at which time all parties in in- a Yacaucy occurred through his fail_ s:
following even
ilure of the incumbent or
A f
~li~!' men
Yeas-Mayor Kane, Counc
Chalmers, Jaeger, Roberts, Schiltz. terest and citizens shall have an
ortunity to be heard. ore to qualify, or extends only to
next regnlas election to be~ held_
t a
2-
holdover officer to qualify within the
-
~~~ ~~~I~j~~l Nays-None.
d that opp
Passed, adopted and approved this ha
in March, 1936. A determination of law.
time Prescribed by
4-The resignation or death of the
i~
i Councilman Roberts move
Treasurer be instructed
t
C 3rd day of February, 1936.
ANE
this question depends upon the can-
provisions
tatutor
d
incumbent or of the officer elect
(;
~;
l~
,,,
' oun
y
the
to accept the principal of the special Pq• R. K
,
Mayor. y
s
stitutional an
lating to the filling of vacancies. before qualifying."
j
ij
,~ lid',', assessment, plus G per cent interest JOHN K• CHALMERS, re
Subdivision VI of Article XI of That a vacancy, as thus defined,
Thompson
n Mr
h
d
i "!'
'i;
~
~l per annum and advertising costs, the
e of penalties and interest to
l
b W. S. ROBERTS,
ER SCHILTZ
the Constitution provides:
ses of elections to fill
ll
"
.
e
w
was create
died beforo qualifying, and having
i
~
,.,
I
l anc
a
be waived, for the installatioa of ,
pET
F. M. JAEGER, ~'
] ca
In a
vacancies in office occurring before died, failed to qualify in 1935, there
doubt
b
w
'l
I' '
~ sanitary toilet and toilet facilities on
Lot 2 of Baseman's Sub., John and Councilmen.
SHEA
J
J
t
Att ~ ~
' ~' the expiration of a full term, the
rson so elected shall hold for the .
e no
seems to
Section 1152 of the' Code relates
,~
i~'
's
r Florian Telser, owners. Seconded by
b
i
d
C ,
.
.
:
es
City Clerk. pe
residue of the unexpired term; and
to the manner iu which vacancies
state, judicial,
filled in national
i
''
~ ~I
,, y
e
.
arr
Councilman Chalmers.
the following vote: Councilman Chalmers moved the
cond-
S
i
"~ all persons appointed to fill vacan-
shall hold until the next general
ci
S ,
are
conntY and township offices, and is
~
i"
~ Yeas-Mayor Kane, Councilmen
Schiltz
t
b
R e
on.
adoption of the resolut
ed by Councilman Schiltz. Carried ,
r ,
~ E
,
electimt, and until their successors
"
fimited to such offices.
Section 1155 relates to the tenure
; ;;?' .
er
s,
o
Chalmers, Jaeger,
Nays-None. by the following vote:
ncilmen
C v4 ,
` are elected and qualified.
The Pertinent provision of this sub- of vacancy appointees and it pro
I
~i ' 1, Verbal report of City Solicitor
t ou
yeas-Mayor Kane,
Chalmers, Jaeger, Roberts, Schiltz. ~`~
,~ .•
division is the last part thereof, the
ith a case
d
vides:
"An officer filling a vacancy in an
~'
~~ Czizek recommending the settlemen Nays-None. ~r o w
first part having to which is filled by election of
ffi
~l
~
'~~'
I
~~~
~ of the personal injury claim of Nick
00
mount of $50
th
To the Honorable Mayor and Council
where a person has been elected to
which is not the Ares-
canc
ll a v
o
ce
the People shall continue to hold
li ~I
I
~ .
e a
Schroeder in of the City of Dubuque. y
a
fi
'
-
t until the next regular election at
~
~~' for injuries received in falling on
k Gentlemen: It is my duty to sub- ~- t
e
ent condition. The second Par
ncies by
f
" which such vacancy can be filled,
,iC ~~
l son
icy walk at 17th and Jac mit to you my opinion as to rho vaca
o
firs te~ the filling
d states that such
t
i and until a successor is elected or
~~';'k~
!~,
j~ I''~ Streets,, Presented.
Conncilntan Roberts moved that tenure of office of Councilman Wil-
liam Roberts who was appointed in an
ntmen
appo
appointee "hold until the nest gen-
ti
:'
l
l qualified. Appointments to all oth-
er offices, made under this chapter,
!t, !bill the City Council concur in the rec-
izek
C
it April, 1935,, by the Council to fill the
th of
d
th ec
on
era
e
Immediately there arises the goes- shall continue for the remainder of
,, , ~ z
or
ommendation of City Solic
and that a warrant in the amount ea
e
vacancy created by
Ardenal Thompson. In order to have tion as to whether or not this con- the term of each office, and until a
sor is appointed and qualified."
d
'
'~I~
g
~' of $60.00 be drawn on the City Treas-
or of Nick Schroeder as
f
i an intelligent hnderstanding of the
ditions existing at the time this ri
~, atitptional provision refers only to
appointments in offices where the succes
hut, up to this paint, no reference
;
j
I
u n
av
urer
settlement in full of his personal con
appointment was made, it is neces- ~, officers are elected at a GENERAL is made to the filling of vacancies
Section 1155
Si
J,li' injury claim caused in falling on
ets
St sary to know something of the facts
nt
i
t
h ,, election, as distinguished from a
CI~`Y election. nce
in City offices.
follows Section 1152, above referred
,
' I .
re
icy walk at 17th and Jackson
Seconded by Councilman Jaeger. .
n
me
e appo
which preceded t
Ardenal Thompson was regularly Our statute defines what is meant to, it is reasonable to believe that
p
i
II Carried by the fallowing vote: elected as a member of the Council by the term "GENERAL ELEC-
1935
'
" ntees re
the tenure of vacancy appo
ction 1155 relates
S
i
~~ I
I
l
I Yeas-Mayor Kane, Councilmen at the regular election in 1932. His
A ,
Code,
TION
Sec. 720 of the
reads as follows: e
n
(erred to
back to such vacancies as are enum-
,'
"u
' Chalmers, Jaeger, Roberts, Schiltz. s
term extended to April, 1935.
ear
in a
i
ld "The tc1•m `GENERAL ELEC- erated in Section 1152, namely to all
'iw~~ ~l,ii Nays-None. y
re
exp
his term wou
wherein no election was held, it was TION' meanN any election held for offices except city offices. If I am
ld
h
l Resolution No. 11-36 necessary for him to become acan- the choice of national, state, Judi-
county or township
cial
district o
correct in this, then I must
that Section 1155 does not apply to
'
~~` Whereas, the Planning and Zon•
D didate for re-election at the regular
for the term
held in 1934
ti
l ~• ,
,
officers." the case under consideratign any
4P Il~~ u-
-ing Commission of the City of
recommended to this
h ,
on
ec
e
commencing in April, 1936, and end- ,
1,
,~~ "The term 'CITP ELECTION' more than the constitutional pro-
~
Ili',' as
buque
Council that the Zoning Map be ing April, 1938. He as such acan- "~
'
• 1 means any municipal election held
in a city or to`vn
" vision applies.
117 refers to vacancies
ti
i amended and changed in the follow- didate was reelected. His death oc-
i ~=;~
' .
of
I
i
h
l on
Sec
in City offices but this rem
rrin
I ~ ~'
~
j
il ing respects:
By changing from "SINGLE FAM- on
cured in 1934 before the expirat
of his first term, and of course, be- ~
`, f anguage
n from t
e
t is pla
tl}e above section that a distinction g
occu
fereuce has to do with filling vacan-
~
l I,
~ ~,' ILY RESIDENCE DISTRICT" to fore his second term has begun. Na• is recognized between a "GENERAL
L
C
"
" ties which occur ten days prior to a
e
ds:
It
ti
l
E
~'' MULTIPLE FAMILY RESIDENCE rurally upon his death a vacancy was ~ E
E
CITY ELEC•
TION
and a a
r
on.
ec
general e
I
~
I DISTRICT" lots No. 1, 2, 3, 4, 5, 6, created and the Council filled such
'I
q~ '
II
22 Regular Session, liebruary 3rd, 1936
"If a vacancy occurs in an elec• vacancy during the balance of the
'
tive office in a city-ten days prior unexpired term:
h cities the tenure of office
to a genera] election, it shall be In suc
nless pr'e- is two year's and, of course, the ten-
filled at such election, u
viously filled at a special election." are of a vacancy appointee is for
inder of the term to which
Without entering upon an extend- t he rema
he has been appointed and expit~es
ed discussion of this section, my
t this section refers to a
th with. the succeeding election.
cut'-
a
view is
state of facts which are not involved FOURTH, as to vacancies oc
erating under the
o
iti
in this case being considered by us,
h p
es
ring in c
City Manager Plan,, the statute pro•
ere.
and it has no application
The foregoing are all of the gen-
ies vides:
SECTION 6632. Any vacancy in
,
eral laws which apply to vacanc
f vacancies and the tea-
i the council, caused by death, resig-
ng o
the fill
ure of vacancy appointees. We now
e• nation, removal from office, or re•
val from the city, shall be filled
turn to the statutory provisions r mo
intment by the council. The
lating• to the subject in the various by appo
so appointed by the Council
forms of municipal. government rec- person
hall hold his office for the unex•
ognized by the statutes of Iowa.
i s
d term of his predecessor."
in
ng
FIRST, as to vacancies occurr
offices in cities organized
ti e
p
~L
e
o
c
t
ve
in elec
under the general law. eg•
by the
enacted
was
e
,this statu
it had in mind that the
The only reference to the filling
ncies occurring in offices not islatnre
terms of councilmen being threw
ire
of vaca
filled by election of the Council is years, these terms would exp
r
g
n
e
a
that found in Section 5663 of. the sta
This
be hcld.
to
electiontwas
Code, which provides:
TOWN COUNCILS
"
b
ut
lt
} t
c
er
CITY AND a
va
a Cy
at
lares
It de
occurs
SHALL:
Elect by ballot persons to fill
8
a vacancy occurs when "caused by
emoval from
.
vacancies in offices not filled by elec•
on death, resignation, r
or removal from the City."
ffice
tion by the Council, and a pers
ajority of the votes ,
o
It also defines who shall fill the
receiving a m
of the whole number of members vacancy and states that it shall be
e
y
shall be declared elected to fill the
" temu~
the
cil~d Fin llyoit defines
vacancy.
No doubt this has reference to a of the person thus appointed and
t "he shall held his office
th
vacancy occurring through any of
cribed statutory causes. Due a
states
for the unexpired term of hfs prede
i-
the pres
to the fact that all officers are elect- cessor:' There is no other prov
ed biannually in such cities, the tatutory
si In ft
a
v
fia
tenure of the vacancy appointed
would be only to the next regular any s
of
bsence
he
provision to the contrary, the gen-
election eral rule seems to be that where a
.
as to vacancies occurred
SECOND
reelected incumbent dies before en-
,
in Special Charter Cities the statutes tering upon the new terra, his death
vacancy in the term which
provide;
SECTION 6692. Vacancies occur- creates a
he was then serving, but not in the
ring fn the office of alderman shall term upon which he has not yet
nnounced
be filled by special election, unless
occurred
h entered. This rule was a
in the only case decided by
I
ave
such vacancy shall
60 days prior to a regular
h owa
in
our Supreme Court where the facts
an
less t
" re similar to the condition exist~
city election.
SECTION 6698. In the event that we
ing in our case. However that de~
such vacancy shall have occurred cision was based on a construction
de as it
C
h
less than 60 days prior, to a regular o
e
of Section 1146 of t
ction 1146
S
city election, then the vacancy so
ll be filled by a majority
h e
existed at that time.
provided that a vacancy existed up•
a
existing s
vote of the remaining aldermen of on the "resignation or death of the
the City Council °' e Since that
In such cities the terms of elec•
re two years and since nonnced was adhered to.
decision was rendered, however, thet
tive officers a
elections arc held biannually, natur- Legislature amended Section 1146
ally the tenure of the elected or ap- iu the 42 G. A. so that such sec-
pointed officer would be only to the tion now provides that a vacancy
na-
i
next regular election.
in g
arises upon "the death or res
tion of the incumbent or of the offi•
g
THIRD, as to vacancies occurr
erating under the Com•
o
iti cer elect before qualifying." The
p
es
in c
mission Plan, the statute provides:
nc law, therefore, now is that a va•
cancy occurs in the term which the
y
SECTION G490. If any vaca
such office the re• incumbent was serving, should he
occurs in any
embers of the Council
i die,, and also in the term to which
ng m
main
shall appoint a person to fill such he had been elected should he die
Regular Session, liebruary 3rd, 1936 23
before qualifying for that term. In facts and the law as I understand
view of the existing statute, the rule them.
announced in the case referred to Respectfully st}bmitted,
q would not apply. M. H. CZIZEI{,
"~ '
. Keeping in mind the provisions of City Solicitor.
~
• Section 1146, we tut'n to an exatuin• Councilman Jaeger moved that
~;;. ation of Section 6623, applicable to the legal opinion of City Solicitor
vacancies occurring- in Manager Cit- Czizeh be made 'a matter of record.
~,` ~ ies. Seconded by Councilman Schiltz.
"Any vacancy in the Eouncil, Carried by the following vote:
caused by death-shall be filled by Yeas -Mayor Kane, Councilmen
appointment by the Council. The Chalmers, Jaeger, Roberts, Schiltz.
~,., person so appointed by the Coun- Nays-None.
~
'Y g•. cil shall hold his office for the un-
" There being no further business,
It
expired Cet•m of his predecessor. Councilman Schiltz moved to ad-
4 is the death which causes the va- journ. Seconded by Councilman Jae-
' cancy. Section 1146 provides that gen. Carried by the following vote:
~;~ ; when the death of an officer elect yeas -Mayor Kane, Councilmen
i ~ occurs before he qualifies for the Chalmers, Jaeger, Roberts, Schiltz.
new term, a vacancy is created in Nays-None.
the new term. Conceding that a J. J. SHEA,
legal vacancy was created in the City Clerk.
term of 1VIr. Thompson by his death ,
occurring before he qualified for that
1936
term, the power to fill that vacancy .
Approved ....................................
~',, must exist somewhere. Section G623 '
,
;'~ says it is lodged in the council.
.........................................
Adapted 1936.
~; Since the council has the power to
,
=~ " fill the vacancy, the term of the
4 vacancy appointee is defined to be ~••••••---••°°-- ---•------°°"
"for the unexpired term of hfs prsde-
l
cessor." ' .....•.._..........._........._.........._...,......
' A vacancy presupposes a prede-
Councilmen
+ cessor and an unexpired term. Asa
legal vacancy is created by Section
1146 in a case tivhere an officer-elect •••••--•-•----_ -•-----•-~-._.....
V dies before he qualifies, sucn an I
l: officer-elect, for all legal put-poses, ""'-"""""""-~•' `"'- ~- ~~~-
must be considered the predecessor
............................~............................-......-
Attest:
' of .the vacancy appointee. And by .......
City Clerl:.
the same Pogic, if a vacancy exists
there mast be an unexpired term.
I~ it were the intention of the •
Legislature to limit the term of a
vacancy appointee to a lesser
period than the whole of the
~ unexpired term, it is fair to
assume it would ,have. said so.
This seems to me to be panic-
, ularly true in view of the fact that
all terms of councilmen are three
years and sometimes terminate in
an odd year in which no election is
hold. Failure to limit the term of
a vacancy appointee to a shorter
period than the whole of the un-
expired term seems evidence enough
that the statute was intended to
mean just what it says.
After a careful study and review
of all Pertinent statutes on this sub-
, ject, I am forced to the conclusion
that the vacancy appointment of
Councilman Roberts is for the whole
of the term to which Mr. Thompson
was elected and ends in April, 1938.
' I assure you that my opinion was
arrived at only after a diligent, '
fair and full consideration of every
conceivable angle involved in the
question. I may be in error. How-
ever, my, opinion is based upon the
24 Special Session, February 24th, 1936
CITY COUNCILi,
(Official)
Special Session, February 24th,
1936,
Council met at 4:20 ~', M.
Present -Mayor Kane, Council-
men Chalmers, Jaeger, Roberts,
Schiltz, City Manager Evans.
Meeting called by order of Mayor
Kane and Councilman Chalmers.
Mayor Kane read the call and
stated that service thereof had been
duly made and that this meeting is
called for the purpose of conducting
a public hearing upon a proposal to
amend and change the Zoning Map
by changing from "Single Family
Residence District" to "Mnltilrle
Family Residence District" Lots No.
1, 2, 3, 4, 5, 6, 7 and 8 of Schiltz
Subdivision and acting on any oth-
er business as may properly come
pefore a regular meeting of the City
Council.
Proof of publication, certified to
by the publishers, of the notice of
a Public hearing upon a proposal to
amend and change the Zoning Map
by changing from "Single Family
Residence District" to "Multiple
Family Residence District" Lots 1,
2, 3, 4, 5, 6, 7 and 8 of Schiltz Sub•
division, Presented and read.
Councilman Chalmers moved to
receive and file the proof of publi-
cation. Seconded by Co~rncilman
Schiltz. Carried by the followiug
vote:
Yeas -Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None.
Ordinance No, 2-36. An Ordin-
ance amending and changing the
Zoning -tap of the City of Dubuque
as Provided by Ordinance No, 3-34,
designated "Zoning Ordinance of the
City of Dubuque," so as to change
to "Multiple Family Residence Dis•
trio" certain defined territory now
delimited as "Single Family Resi-
dence District," and declaring an
emergency, presented and read.
Councilman Schiltz moved that
the reading just had be considered
the first reading of the ordinance.
Seconded by Councilman Roberts.
Carried by the fallowing vote:
Yeas -Nlayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None.
Councilman Scliltz moved to sus-
pond the rules requiring an ordin-
ance to be read on three separate
days. Seconded by Councilman Rob-
erts. Carried by the following vote:
Yeas -Nlayor I{one, Councilmen
Chalmers, Jaeger, Roberts, Schiltz,
Nays-None.
The ordinance was then read a
second time. Councilmap Schiltz
moved that the reading just had be
considered the second reading of
the ordinance. Seconded by Council•
man Roberts. Carried by the follow-
ing vote:
Peas -Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
NaysrNone.
Claim of Mrs. Margaret Finn in
the amount of $82.50 for personal
injuries received in falling on icy
side walla at Second and Locust
Streets, presented and read.
Councilman Jaeger moved to refer
the claim to the City Solicitor. Sec•
onded by Councilman Schiltz. Car•
rigid by the following vote:
Peas -Mayor ISane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None.
Claim of 14frs. Alma Utz~ig in the
amount of $500.00 for personal in-
juries received in falling on icy side
wally at 1502 Lincoln Avenue, pre-
sented and read.
Councilman Roberts moved to re-
fer the claim to the City Solicitor.
Seconded by Councilman Chaimers,
Carried by the following vote:
Peas -Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None,
Conrmuuication of The Dubuque
Benevolent & Humane Society re-
questing the City Council to in-
cr~ease their appropriation .from
$300.00 to $500.00 or to any 'sum
you?' financial situation will Permit,
presented and read.
Councilman Jaeger moved to refer
the communication to the City Coun•
cil. Seconded by Councilman Schiltz.
Carried by the following vote: '
Fees -Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None.
Communication of Herbert Adams
expressing appreciation of the effic-
iency of the Fire Department in the
handling of the fire which took
place at his tome on February 11th,
1936, presented and read.
Councilman Jaeger moved to re-
ceive and file tl}e communication.
Seconded by Councilman Chalmers.
Carried by the following vote:
Yeas -Mayor Kane; Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None.
Petition of Mrs, Prank A. Miller
et al., requesting the installation of
an electric street light 'at the inter-
section of St. Joseph, Stetmore and
Concord Streets, presented and read.
Councilman Roberts moved to re-
fer the petit)on to the City Manager.
Seconded by Councilman Jaeger.
Carried by the following vote:
eas -Mayor Kane, Councilmen
Special Session, February 24th, 1936 25
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None.
Petition of Louis J. Knocker re-
guesting a refund in the amount of
~" $25.00 on his cigarette permit, as
'~ he has discontinued business as of
~`" February 18th, 1936, presented and
read.
Councilman Roberts moved that
' the prayer of the Petition be grant-,
_ ed and that a warrant in the amount ~
of $25.00 be ordered drawn on the
yif
- City Treasurer in favor of Louis J.
. I{mocker to cover the ~amouut of said
~,
. refund. Seconded by Councilman
$z Schiltz. Carried by the following
vote:
Yeas -Mayor I{~aue, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None.
Communication of Dubuque Trades
and Labor Congress advising the
City Council that their organization
has gone on record as favoring the
' restoration of the 10% reduction in
Ls
~ salary to both the Police and Fire•
` Wren in 1933, presented and read.
Councilman Jaeger moved to refer
the communication to the City Coun•
cil. Seconded by Councilman Rob•
arts. Carried by the fallowing vote:
Yeas -Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
k': Nays-None.
Communication of Cosley Battling
Company making application for the
exclusive right to sell soda water,
popcorn, ice cream, candy, cigars,
gum, etc., at the Municipal Atlletic
Field, and also on the ground west
of the field which has"been used iu
the past for carnivals, and such af•
fairs, the concession to cover the
• outdoor summer and fall seasons of
1936, Presented and read.
Councilman Roberts moved to re-
fer the communication to the City
Council. Seconded by Conncilman
Schiltz. Carried by the following
'~ vote:
Yeas - Mayor bane, Councilmen
Chalmers, Jaeger, Roberts, Scliltz.
Nays-None.
Petition of Mrs. A• Frohmy re-
r ferred to the City Council by the
Board of Supervisors, requesting
suspension of the 1935 taxes on Lot
1 of 19 of Jolm King's Dubuque,
presented and read.
Councilman Schiltz moved to refer
the Petition to the Oity Solicitor for
investigation and report. Seconded
by Councilman Jaeger. Carried by
the following vote:
Yeas -Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz,
Nays-None.
Petition of Columbia College, re-
ferred to the City Council by the
Board of Supervisors, requesting the
cancellation of taxes on North 1 foot
of Lot 4 and South 34 feet of Lot 5
'in Buettel & Langworthy's Sub., and
City Lot 566 and Lot 3 of City Lot
667, Presented and read.
Cowrcilmau Schiltz moved to refer
the petition to the City Solicitor for
investigation and report. Seconded
by Councilman Jaeger. Carried by
the following vote:
Yeas -mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None.
Petition of Peter Goedert et al.,
requesting the repeal of Mille Ordin-
ance No. 112, adopted on December
20th, 1921, presented and read.
Councilman Roberts moved to re-
ceive and file the Petition. Seconded
by Councilman Schiltz. Carried by
the followiug vote:
Yeas -Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None.
Communication of 11liss Louise
Schack offering for sale to the City
of Dubuque Lot No. 22 in Finley
Home Addition for the sum of
$950.00, including the 1936 taxes,
presented and read.
Councilman Roberts moved to re•
for the communication to the City
Council. Seconded by Councilman
Jaeger. Carried by the fallowing
vote:
Yeas -Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None.
Petition of Fred R. Reavell et al.
requesting the City Council and the
Interstate Power Company to ex-
tend bus service West from 22nd
and Central Avenue on Kaufmann
Avenue to the City Limits; thence
in a southerly direction on Carter
Road to the Asbury Road; and
thence easterly on the Asbury Road
to the City Limits connecting said
line on the Asbury Road with the
line on Asbury and St. Ambrose
Streets, presented and read,
Councilman Roberts 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. Seconded
by Councilman Schiltz. Carried by
the following vote:
Peas - 114ayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None.
Mr. Fred Reavell addressed the
Council requesting that the Prayer
of their petition be granted.
Councilman Chalmers moved to
refer the Petition of Fred R, Reavell
et al. to the City Council. Seconded
by Councilman Jaeger. Carried by
the Yellowing vote:
Yeas -Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Scliltz.
Nays-None.
26 Special Session, Iebruary 24th, 1936
i ~~
4'.
Council Proceedings for the month
of December, 1935, presented for
approval. ~
Councilman Roberts moved that
the Council Proceedings for the
month of December, 1935, be ap•
proved as printed. Seconded by
Councilman Schiltz. Carried by the
following vote:
Peas -Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz,
Nays-None.
Councilman Chalmers moved that
bids be~received for the Printing of
the index and binding of the Coun-
cil Proceedings for the year 1935.
Seconded by Councilman Schiltz,
Carried by the fallowing vote:
Yeas -Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None.
February 8th, 1936.
Honorable Mayor and City Council:
The petitions of tax exemptions
by Mrs. Elizabeth Byrne and Mr, H.
B. McCarten have been referred to
the undersigned for report.
Far the past several years, the
Recreation Commission has been us•
ing the lots mentioned in the peti-
tion. At the time it was this depart-
ment's understanding that all the
property was owned by H. B. Mc-
Carten, but upon examination of the
city plat book, it was discovered
that the rear fifty feet of the play-
ground is owned by Nfrs. Elizabeth
Byrne, upon which piece of property
is standing certain, mere or less,
permanent pieces of playground
equipment. This Playground is quite
popular, especially during the sum-
tner and fall, with smaller children
in the neighborhood and is the only
available piece of property.
If a recommendation is desired
from this department, .it is that the
petitions be granted,
Respectfully submitted,
SYL McCAULEI',
Recreational Director.
City Solicitor Czizek recommend-
ed that the prayer of the petitions
be granted and that a warrant in
the amount of $13.44 be ordered
drawn on the City Treasurer in fa-
vor of H. B. McCarten for the use
of the Weat 6D feet of Lots 21, 22,
23 in Benson & Stewart's Sub., for
playground purposes, said amount
to cover the 1936 taxes and also that
a warrant in the amount, of $19.82
be m'dered drawn on the City Treas•
urer in favor of Mrs. Elizabeth
Byrne for the use of Lot 20 in Bon
son & Stewart's Sub. for playground
purposes, said amount to cover the
1933, 1934 and 1935 taxes.
Councilman Chalmers moved that
the recommendation of City Solic
itor Czizel: be approved and that a
warrant in the amount of $13.44 be
ordered drawn on the City Treas-
m'er in favor of H, B. McCarten for
the use of the West 60 feet of Lots
21, 22, 23 iu Bonson Sc Stewart's
Sub. for playground purposes, said
amount to cover the 1936 taxes and
also that a warrant in the amount
of $19.82 be ordered drawn on the
City Treasurer in favor of Mrs.
Elizabeth Byrne for the use of Lot
20 in Bonson & Stewart's Sub. for
playground purposes, said amount to
cover the taxes for the years 1933,
1934 and 1935 taxes. Seconded by
Councilman Roberts. Carried by the
fallowing vote:
Yeas -Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None. '
Councilman Schiltz moved that
Mrs. Elizabeth Byrne be granted
permission to pay the delinquent
special assessments levied against
Lot 1 of 1 of the Sub. of Lots 24-25
of Bonson & Stetvar•t's Sub. by the
payment of the principal plus $%
interest per annum and advertising
costs, the balance of penalties and
interest to be waived, and the Coun•
ty Treasurer to be instructed ac-
cordingly. Seconded by Councilman
Jaeger. Carried, by the following
vote:
Yeas -Mayor Kane, Couucihnen
Chalmers, Jaeger, Roberts, Schiltz,
Nays-None.
February 7, 1936.
T'o the Honorable Mayor and City
Council, Dubuque, Iowa.
Gentlemen: In connection with
your instructions to sign the appli-
cation for the City of Dubuque to
enter the National Safety Contest
for the year 1936, please be advised
that an invoice was received two
days ago and was submitted to the
Dubuque Automobile Club. This in-
voice is on the basis of $20.00.
Today a letter was received from
Mr. C, E. Rhoades stating that the
Dubuque Automobile Club for Du-
buque had sent this $20.00 check to
Chicago. Accordingly, the Auto
mobile Club has again assisted the
City by Paying this contest fee.
Respectfully submitted,
R, M. EVANS,
City Manager'.
Councilman Jaeger 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 Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None.
February 24, 1936.
To the Honorable Niayor and City
Council, Dubuque, Iowa.
Gentlemen: This is to advise that
cial Session, February 24th, 1936 27
T hat%e approved the following bonds
and policies covering signs, and de-
sire Ito have your approval on same
~"' Yor filing:
~;.' John N. Juergens et al., 1824 Cen-
tral Avenue; Policy No. ILO 55533,
Great American Indemnity Co.
St. George Hotel, 576 Central Ave-
nue; Policy No. IHP 8247354, The
Travelers Insurance Co.
' R, J, Quinlan and Mrs. Margt.
.ci, { Quinlan, 11th and White Streets;
~ Policy No. I. P. C. 1005, Commercial
'` Casualty Insurance Co.
,
- ~f Carl J. Smith (Triangle Hatch-
ery), 1451 Central Avenue; Policy
"!x ~ Firemen's Fund Indem-
No. IP 3124
,
nity Co,
A. G. Sommerfeld (Dubuque Steam
Dye Works), 668 Iowa Street; Pol•
icy No. C.L.I. 2513, Columbia Cas• '~
ualty Co.
Kies Drug Store, 1362 Central Ave-
'
, nue; Policy No. 11593, Employers'
r
i Mutual Casualty Co.
' "~ Jahn Muntz (Muntz Cafe), 34 W.
~ Fourth Street; Bond No, 6953, Mer-
i, chants Mutual Banding Co,
.; Potosi Brewing Co.-Sign ou prem-
~ ises of Gus N4~ichel, 7th and Central
Avenue; Policy No. CPL-107482, Mas•
sachusetts Bonding & Insurance Co.
Dubuque Implement Co., 57 Main
Street; Bond No. 71888-I{, American
Surety Co. of Netv York,
', . Hamm Brewing Co,-Signs at the
following locations: Van Drie] &
~ Link, 1487 Control Avenue; Capitol
Beer Tavern, 2160 Central Avenue;
Policy No. 432681, Continental Cas-
ualty Co.
A. G. Peryon and Emily Peryon
(Peryon's Pharmacy), 257 West 8th
Street; Policy No. GPL 107567, Mas•
sachusetts Bonding & Insurance Co.
l The Home Supply Co., 1154 Iowa
Street; Policy No. IMC 428, Stand-
., and Accident Insurance Co,
` , Trausch Balring Co.-Signs at the
• following locations: Flanagan Groc-
'•
' ery Store, 2649 Windsor Avenue;
Reuter Grocery Store, 2613 Windsor
Avenue; Tr'ausch Baking Co., 1130
Iowa Street; Policy No. NIL 4293,
The Ohio Casualty Insurance Co.
~ N.E. Cor. 9th
Inc.
Diamond Grill
• ,
,
and Maiu Streets; Policy No. OLT-
1049, Indemnity Insurance Co, of
North America.
Al. Burgmeier (ChicagaDubugne
Motor Transportation Co.), 261 Iowa
Street; Policy No. GPL 107566, Nlas-
sachusetts Bonding & Insurance Co,
Metropolitan Cleaners, 229 West
8th Street; Policy No. IP 2438, The
Fidelity ~ Casualty Co. oi', New
York,
i . Miller Brewing Co.-Signs at the
following locations: Hollenberger's
Tavern, 1044 Central Avenue; Anton
Fortman, 253 Main Street; R. Quin•
lau, 1091 White Street; Raymond J.
Stoltz, 234 West 9th Street; Theo.
Anthony, 1179 Iowa Street; Cunning-
ham & Thompson, 263 West 1st
Street; Policy No. GLP-367843, The
Employers' Liability Assurance Cor-
poration.
Henry Engel (Engel Nash Co.),
13th and Towa Streets; Policy No.
GP•7184, Builders & Manufacturers
Mutual Casualty Co.
A, A. Kochendorfer, 659 Central
Avenue; Policy No. GLA-803397,
American Surety Co. of New York.
Mary Coates (Coates B e a u t y
Shop), 1324 Central Avenue; Policy
No. ILO 55520, Great American In-
demnity Co.
Tri-State Advertising Service, Inc.
-Signs at the fallowing locations:
Geo. J. Trimpler, 1701 A s b u r y
Street; Chas. T. Snyder, 543 W. 8th
Street; Cosley Bottling, Co., 141
Locust Street; Policy No. OLT-5223,
Fireman's Fund Indemnity Co.
Premier Pabst Sales Co.-Sign at
the following location: Myer &
Raesch, 130 W. 8th Street; Policy
No. OLT-5186; Fireman's Fund In-
demnity Co.
Pointer Brewing Co.-Signs at the
following locations: Mrs, Margt.
O'Brien, 241 Main Street; Etmer Ep•
pler, 1 Locust Street; Policy No.
OLT-221863; U. S. Fidelity & Guar-
anty Co.
F. K. Goetz Brewing Co.-Sign at
the following location:' Walter' Men•
gis, 1618 Central Avenue; Policy No.
48550, Casualty Reciprocal Ex•
change.
Stella E. Benz (Crescent Sweet
Shop), 1048 Main Street; Policy No.
11464, Employers Mutual Casualty
Co,
Louis Rotman, 301 Iowa Street;
Policy No. 220230, Employers Mutual
Casualty Co,
Advertisers' Service Co; Signs at
the following locations: Feller Sign
Co., 9th and Iowa Streets; Shell Oil
Co., 593 Central Avenue; Pappas
Shoe Repair Shop, 2182 Central Ave-
nue; Coney Island Lunch, 597 Main
Street; Policy No. 2356, Columbia
Casualty Co.
Respectfully submitted,
' R. M. EVANS,
City Manager.
Councilman Chalmers moved that
the bonds and policies be approved
and placed on file, Seconded by
Councilman Jaeger. Carried by the
following vote:
Peas -Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None,
February 6, 1936.
To the Honorable Mayor and City
Council, Dubuque, Iowa,
I am submitting herewith report
28
Session, February 24th, 1936
of the City Auditor, City Treasurer
and City Water Department for the
mouth of January, 1936, also list of
claims and list of payrolls for which
warrants were drawn dptdng the
month of January, 1936.
Respectfully submitted,
R. M. EVANS,
City Manager.
Councilman Roberts moved that
the reports be received and placed
on file. Seconded by Councilman
Schiltz. Carried by the following
vote:
Peas -Mayor Kaue, Councilmen
Chalmers, Jaeger, Roberts, Schiltz,
Nays-None.
Resolution No. 12--36.
Be It Resolved by the City Coun-
cil of the City of Dubuque that the
following, having complied with the
provisions of lativ relating to the
sale of cigarettes within the City
of Dubuque, be granted a permit to
sell cigarettes and cigarette papers
within said City, and the Manager
is directed to issue such permits
on behalf of said City:
Stella E, Bonz (Crescent Stiveet
Shop), 1048 Main Street.
Be It Further Resolved that the
bond filed with the application be
approved.
Passed, adopted and approved this
24th day of February, 1936.
M. R. KANE,
Mayor.
JOHN K. CHALMERS,
W. S. ROBERTS,
PETER SCHILTZ,
F. 114. JAEGER,
Councilmen.
Attest: J. J. SHEA,
City Cler9z.
Councilman Schiltz moved the
adoption of the resolution. Seconded
by Councilman Jaeger. Carried by
the following vote:
Yeas -Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, „Schiltz.
Nays-None.
Resolution No. 13-36.
Whereas, application for Class "B"
Beer Permit has been submitted to
this Council for approval and the
same has been examined: Now,
Thetofore,
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 Yorthwith
inspected:
CLASS "B" PERMIT
Roy Wright, 2600 Central Avenue.
Passed, adopted and approved this
24th day of February, 1936.
M. R. KANE,
Mayor.
JOHN K. CHALMERS,
W. S. ROBERTS,
PETER SCHILTZ,
F. M. JAEGER,
Councilmen,
Attest: J. J. SHEA,
City Clerk.
Councilman Chalmers moved the
adoption of the resolution. Second-
ed by Councilman Schiltz. Carried
by the followiug vote:
Yeas -Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None.
Resolution No. 14-36.
Whereas, heretofore applications
were filed by the within named aP-
plicants for Beer Permits and have
received the approval of this Coun-
cil; and
Whereas, the premises to be oc-
cupied by them have been inspected
and found to comply with the ordin-
antes of this City and they have
filed a proper bond: Now, There-
fare,
Be It Resolved by the Council of
the City of Dubuque that the Man-
ager be and he ie hereby directed to
issue to the following named pQ1•-
sons a Beer Permit:
CLASS "B" PERMIT.
Roy Wright, 2600 Central Avenue.
Charles E. Wolford (Transfer of
address from 1379 Central Avenue),
359 Main Street.
Be It Further Resolved that the
bonds filed by such applicants be
and the same are hereby approved.
Passed, adopted and approved this
24th day of February, 1936.
M. R. KANE,
Mayor.
JOHN K. CHALMERS,
W. S. ROBERTS,
PETER SCHILTZ,
F. M. JAEGER,
Councilmen.
Attest: J. J. SHEA,
~~ City Clerk.
Councilman Chalmers moved the
adoption of the resolution. Seconded
by Councilman Jaeger. Carried by
the fallowing vote:
year -Mayor Kane, Councilmen
Chalmers, Jaeger, Roberts, Schiltz.
Nays-None.
Claim of Arthur Hirsch, 664 Lo-
well Street, in the amount of $16.50
caused when the main sanitary
sewer in the street became frozen
and caused the backing up of sew-
age into his cellar, presented and
read.
Councilman Chalmers moved to
refer the claim to the City Solicitor.
i
~,.
Special Session, February 24th, 1936 29
Seconded by Councilman Jaeger.
Carried by the following vote:
Yeas -Mayor Kane, Councilmen
Chalmers; Jaeger, Roberts, Schiltz,
Nays-None.
There being no further business,
Councilman Roberts moved to ad•
journ. Seconded by Councilman
Schiltz. Carried by the following
vote:
Yeas -Mayor Kane, Councilmen
Chalmera, Jaeger, Roberts, Schiltz.
Nays-None.
J. J. SHEA,
City Clerk.
AAProved ......................................1936.
Adopted ........................................1936.
Councilmen : ........................................
Attest : ..................................................
City Clerk.