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1936 May Council Proceedings Regular Session, May 4th, 1936 107 CITY COUNCIL (Official) Regular Session, May 4th, 1936, Council met at 7:4'6 P. M. Present-Mayor Jaeger, Councih men Bennett, Chalmers; Schiltz, City Manager Evans. Absent--Councilman Kane. 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 this meeting. Councilman Chalmers moved to suspend the rules for the purpose of allowing any one present in the Council Chamber, who wishes• to do so, to address the Council. Second- ed by Ceuncilman Schiltz, Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Schiltz. Nays-None, Absent-Councilman Kane, Ladies of .Mary Agard Tent, Vet- erans of the Civil War, addressed the Counci] requesting permission to hold a Rag tag day on June 13th, 1936. Councilman Chalmers moved that the request of the Ladies of Mary Agard Tent, Veterans of the Civil War, for permission to hold a tag flag day on June 13, 1936, be granted. Secouded by Councilman Schiltz. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Schiltz, Nays-None, Absent-Councilman Kane. Mr. E. N. Averhill addressed the Council relative to a rat extermin- ation campaign and asking fora let- ter endorsing the same. Councilman Bennett moved that the rat extermination campaign be endorsed and that a letter covering the same be issued to Mr. E. N. Averhill. Seconded by Councilman Schiltz. Carried by the following vote: Peas-Mayor Jaeger, Councilmen Bennett, Chalmers, Schiltz. Nays-None, Absent-Councilman Kane. Petition of Dubuque Trades and Labor Congress advising the City Council that they are sponsoring a carnival commencing June 9th, and ending June 14th and requesting per- mission for the use of the grounds adjoining• the Athletic Field and fur- ther requesting that said grounds be reserved for them from Jnne 1st to June 15th, and further request- ing that the license fee be eliminat- ed, presented and read. Councilman Chalmers moved to refer the petition to the City Man- ager to work out some arrangement with Heinie Engel and to report back his findings to the City Coun- cil. Seconded by Councilman Schiltz. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Schiltz. Nays-None. Absent-Councilman Kane. Petition of Veterans of Foreign Wars requesting permission to hold a carnival at the parking space west of the Athletic Field during the week of June 1st to June 6th, 1936, presented and read. Mr. T, J. Collins, Commander of Veterans of Foreign Wars, addressed the Council request-' ing that the Prayer of their petition be granted. Councilman Chalmers moved to refer the petition to the City Man- ager to work out some arrangement with Heinie )Engel and to report back his findings to the City Coun- cil. Seconded by Councilman Schiltz. Carried by the fallowing vote; Yeas-]liayor Jaeger, Councilmen Bennett, Chalmers, Schiltz. Nays-None. Absent-Councilman Kane. Later on during the meeting the petition of Veterans of Foreign Wars requesting permission for the hold- ing of a carnival at the parking space west of the Athletic Field was withdrawn, Petition of Dubuque Trades and Labor Congress requesting that steps bo taken to hove the harbor dredged to a suitable depth and also have the storm sewers now empty- ing into the harbor extended and al- so that efforts he renewed with the Public Vi~orks Administration for the securing of aid in the building of a Dry Dpck, presented and read, Councilman Bennett moved to re- fer the Petition to the City Council for further consideration. Secouded by Councilman Chalmers. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Schiltz. Nays-None. Absent-Councilman Kane. Attorney Milton Glenn, represent, ing Mr, Garland, and also Mr. Gar- land addressed the Council request- ing the City Council to grant their previous verbal request for permis- sion to lower the curbing at his ]ot located at EIm Street and Rhomberg Avenue fora driveway to a new gasoline station and also for permis- sion to install a pipe line across Garfield and Rhomberg Avenues from the Uhlrich Coal Yard to the _~ 108 Regular Session, May 4th, 1936 lot located at Rhomberg Avenue and Elm Street. Councilman Chalmers moved that the verbal request of Mr. Garland be granted and that the worlt be done under the supervision of the City Engineer and Building Commis- sioner, Seconded by Councilman Schiltz. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Schilta. Nays-None, Abaent-Councilman Kane. Petition of Frank Graver request- ing permission to construct atwo- car garage, as shown on the atbach- ed plat, at Ries anc?f Stalfford Streets, presented and- read. Councilman Bennett moved to re- fer the petition to the City Manager for recommendation and repm•t. Sec- onded by Councilman Chalmers, Car- ried by ,the following vote: Yeas-Mayor Jaeger, Councilman Bennett, Chalmers, Schiltz, Nays-None. Absent-Councilman Kane: Petition of J. J. Lenehan request- ing the City Council to credit the amount of the erroneous special as- sessment levied against Lot 16 of Wilson Sub. and Lot 2 of 2 'df Min. Lot 78 for the improving of Hill Street to the special assessment levied for the improvement of Wil- son Street, and also requesting that the penalties on said assessments be remitted, presented and read. Councilman Chalmers moved to re- fer the petition to the City Solicitor and City Engineer for investigation and report, Seconded by Council- man Schiltz. Carried by the follow ing vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Schiltz. Nays--None, Absent-Councilman Kane. Grant of Easement Know All Men by These Presents, that, for value received, 0. C. Papin of Dubuque, Iowa, does sell, grant and convey to the City of Dubuque, a municipal corporation of Iewa, the right of easement in perpetuity over and across the real estate owned by him in the City of Dubuque, Du~ buque County, Iowa, and described as follows: Mineral Lot Number Three Hun dyed and Two, being located 1n Section 18, Township 89 North Range 3 East of the 5th P, M.. the location of said easement tr be as shown neon the plat, heretc attached and made a part thereof The foregoing Easement is given sold and conveyed to said City of Dubuque upon the express conditiot that the same shall be used and oc copied for street or road purposes and, in the event such street or road to be constructed thereon is ever abandoned by said City of Ihtbuque, this grant shall cease and terminate, The Grantee herein shall have full right and authority to go upon said premises at all times for the pur- poses of constructing the street and road thereon, repair and :naintaitt the same, and said road or street, when constructed, shall be used for all Proper and incidental uses and purposes as a Public highway. Dated at Dubuque, Iowa, phis 2ud day of May, 1936. State of Iowa l ss. Dubuque County J ss. On this 2nd day of NIay, 1936, be• fore me, W. W. Paisley, a Notary Public in and for Dubuque Conuly, Iowa, personally appeared 0. C. Papin, to me' personally known to be the identical persen who exec- uted the foregoing instrument and acknowledged that he executed the same as his voluntary act and deed. W. W. PAISLESr, Notary Public. Councilman Schiltz moved that the Grant of Easement and at• tacked plat be accepted and placed on record with the County Record- er. Seconded by Councilman Beu• nett. Carried by the following vote: Yeas-Mayor Jaeger, Counciltneu Bennett, Chalmers, Schiltv~. Nays-None. Absent-Councilman Kane. Council Proceedings for the month of March, 1936, presented for ap- proval. Councilman Schiltz moved that the Council Proceedings for the month of March, 1936, be approved as printed. Seconded by Council• man Bennett. Carried by the fol- lowing vote: Yeas-Mayor Jaeger, Councihneu Bennett, Chalmers, Schiltz, Nays-None. Absent-Councilman Kane. Petition of Mrs. Agnes Scollard Poledna requesting the City Council to aid in the removing of a serious life hazard which exists on her pro• perty located at 215 South Locust Street, presented and read, Councilman Bennett moved to re• fey the petition to the City Council to view the grounds. Seconded by Councilman Schiltz, Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Schiltz. Nays-None. Absent-Councilman Kane, Councilman Bennett moved that the matter of the removal of the wall on Madison Street be referred Regular Session, to the City Council to view the grounds, Seconded by Councilman Schiltz. Carried by the following Vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Schiltz, Nays-None. . Absent-Councilman Kane. Petition of Al. Bitzberger request- ing that he be granted a free license to peddle fruit and vegetables on the streets of the City of Dubuque for the ensiling year-, presented and read. Councilman Bennett moved that the prayer of the petition be grant- ed, Seconded by Councilman Schiltz, Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Schiltz. Nays-None. Absent-Councilman Kane. May 1, 1936, To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen; This is to advise that I have approved the following bonds and policies and desire to have your approval on saute for fil- ing: EXCAVATION Gus Candler, Jr., 2053 Jackson Street-Massachusetts Bonding & In- surance Co. SIGNS Kies Bootrie, 661 Main Street- Policy No. ILO 56564, Great Amer- ican Indemnity Co. Fuhrman-Triller Co., 905 Central Avenue-Policy No. G. L. 387611, Hartford Accident & Indemnity Co. Thiesen Battery & Electric Co., 330 West 8th Street-Policy No. YC 2163, London Guarantee & Accident Co. Henry Engel, 13th and Io}va Streets-Policy No. GP 8478, Build- ers & Manufacturers Mutual Cas. Co. K-M Supply Company, 147 Locust Street-Policy No. GL 1,09579, Amer• icon Surety Co. Jas, P. Even & Bert P. Kalb (Uni- versal Car & Tractor Co.) 930 Cen- tral Avenue-Policy No, 260419, The Hoosier Casualty Co. R. J. Quinlan and Mrs. Margaret Quinlan, 11th and White Streets- Policy No. MPL 1072, The Shelby Mutual Plate Glass & Cas. Co. Iowa Oil Company-Policy No. GB 267838,, Standard Accident Ins. Co, Signs at fallowing locations: 4th and Locust Streets, 20th and Jackson Streets; Cor. Delhi and Asbury Streets, 14th and White Streets, N. W. Cor. 27th and Jackson Streets, 1556 So. Grandview Ave., Cor. Dodge and Nevada Streets, Governor Greys, S. W. Cor•. 9th and Iowa Streets - Massachusetts Banding & Ins. Co. Pointer- Bt•ewing Co.-Policy No. 4th, 1936 109 OLT-230593, U. S. Fidelity & Guar- anty Co, Signs at following loca- tions: Mrs. O'Brien, 241 Maia Street; Elmer Eppley, 1 Locust Street. Anheuser•Busch, Ina,-Policy No, OT•61763, St. Paul Mercury Indem- nity Co. Signs at following loca~ tions: Adam Berntgen, 530 Main Street; Van Drill & Link, 1487 Cen• teal Avenue. Respectfully submitted, R. M. EVANS, City Manager. Councilman Schiltz moved that the bonds and policies be approved and placed on file, Seconded by Councilman Chalmers. Carried ~by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Schiltz. Nays-None. Absent-Councilman Kane. May 4, 1936. To the Honorable Mayor and City Council, Dubuque, lowa. Gentlemen; Tho question of the continued daytime free use of the Ball Park to the Municipal Base- ball League for the 1936 seasom was referred to the writer by the Council April 30th. Mr. Paul Nau- man was contacted May 1st in re• Bard to a possible percentage charge that was to be returned to the city to offset the seasonable maintenance costs of operating this Ball Park. This morning Mr. Wm. Fitzpatrick came to my office and advised that the slight fees collected in the past were not sufficient in amount to pay the entire costs of the Dubuque Municipal League. He also advised that no percentage of fees could be offered to the city during 1936. In case a decision by the Council is determined that even 6% to 10% of gross revenue collected is to be giv- en to the city, Mr. Fitzpatrick ad- vised that the League will have to cease operation in 1936. The manager of this Dubuque Mu• nicipal League is to be present at the Council meeting this evening to further advise you of their neces- sities and inability to offer the city any revenue. Respectfully submitted, R, M. EVANS, City Managet•. Mr. Edward Kqlfenbach address- ed the Council 'stating that the charges made for admission to the ball games do .not even cover their expenses and that if a rental charge was to be made that the Municipal Baseball League would have to dis- band. Councilman Bennett moved that tha prayer of the Dubuque Munici- pal Baseball League be granted and that the balance of salary for the caretaker of the. Athletic Field be 110 Session, May 4th, 1936 taken from the Recreation Fund. Seconded by Councilman Chalmers. Carried-by the following vote; Yeas-Mayor Jaegerx Councilmen Bennett, Chalmers, Schiltz. Nays-None, Absent-Councilman Kane. Resolution No. 49-36 Whereas: To comply with P. W. A, Rules and Regulations it is nec- essary that a revision of the esti_ mated costa of Project Iowa 1079-R be made, showing all project costs, including, preliminary expense, land and water main connection to the' tank. Be it resolved by the City Council of the City of Dubuque, Iowa, that such revised estimate of costa of Project Iowa 1079-R be as follows: 1. Preliminary Expense ................................. ...............................................$ 52,32 2. Land and Right of Way ........................... ............................................... 1,980,30 3. Construction Costs: A. Tower and Tank ................................ .........................$58,476.00 B. Supervision and Inspection ............. ......................... 500,00 C. Field Engineering ............................... ......................... 15.66 D. Material Tests ..................................... 350.00 ......................... E, Connection to Tank ............................. ......................... 3,386.44 F. Contingencies ........................................ ......................... 500.00 Total Construction Cost .......................................................................... 63,228.10 4. Engineering, Architect service ............................................................ none 5, Legal, Administration; Overhead ........................................................ 100.04 6. Interest .......................................................................................................... none 7, Miscellaneotts .............................................................................................. none Total Revised Estimated Cost ..............................................................$65,360.72 Passed, adopted and approved this 4th day of May, 1936. F. M. JAEGER, Mayor. JOHN K. CHALMERS, PETER SCHILTZ, A. M. BENNETT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Schiltz moved the ad• optiah of the resolution. Seconded by Councilman Bennett. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Schiltz, Nays-None, Absent-Councilman Kane. Resolution No. 50-36 Whereas, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: Now, there- fore, ' Bo it resolved by the -Council of the City of Dubuque that the follow- ing applications be and the same are hereby approved and it is ord• ered that the premises to be occu- pied by such applicants shall be forthwith inspected: CLASS "B" BEER PERMIT FOR PRIVATE CLUB Dubuque Golf Club, End of Ran• Ball Place. CLASS "C" BEER PERMIT Joseph Grab, 1583 Central Avenue. Harry R, Smith, 235 West 3rd Street. Passed, adopted and approved this 4th day of May, 1936. F. M. JAEGEft, ' Mayor. JOHN K. CHALMERS, PETER SCHILTZ, A, M. BENNETT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Schiltz moved the ad- option of the resolution. Seconded by Councilman Chalmers, Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett,, Chalmers, Schiltz. Nays-None. Absent-Councilman Kane. Resolution No. 51-36 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, 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 per• sons a beer pertriit: CLASS "B" BEER PERMIT FOR PRIVATE CLUB Dubuque Golf Clnb-End of Ran- dall Place. CLASS "C" BEER PERMIT Joseph Grab-1583 Central Ave• nue, Regular Session, NIay 4th, 1936 111 Harry R. Smith, 235 West 3rd Street. Be it fm•ther resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adapted and approved this 4th day of May, 1936. F. M. JAEGER, Mayor. JOHN K. CHALMERS, PETER SCHILTZ, A, M. BENNETT, 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 Bennett, Chalmers, Schiltz. Nays-None. Absent-Counciltan Kane, CONTRACT and AGREEMENT of Heinie Engel, as Lessee, and City of Dnbuque, as Lessor, for the use of the Municipal Athletic Field for the outdoor sumtner season of 1936 for Professional Wrestling and Pro- fessional Boxing Exhibiticns, pre• sented and read, Ceuncilman Chalmers moved that the City Manager be authorized to execute the Contract and Agreement on behalf of the City of Dubuque and that when said Contract and Agreement is properly executed that the same be placed on file. Sec- onded by Councilman Schiltz. Car• Tied by the following vote: Yeas-Mayor Jaeger, Cottncilmeu Bennett, Chalmers, Schiltz. Nays-None. Absent-Councilman Kane. April 30th, 1936. Mr. R. M. Evans,. City Manager. Dubuque, Iowa. Dear Mr. Evans: Reply to your letter of the 22nd has been delayed, due to my absence from the City. In compliance with your request we hereby extend the time for the return of 76% of the $75,OOD.00 for six months, or to November 1, 1936. It is our understanding that it is the intention of the Council to re• turn as large amounts as possible in monthly installments. Assuring you that it is our desire to cooperate with you at all times for the best interests of your city. Yours very truly, C. B. MURTAGH, State Comptroller. Councilman Schiltz moved that the communication be made a mat- ter of record. Seconded by Conn- cilman Bennett. Carried by the foh lowing vote: Yeas-Mayor Jaeger, Cotmcilman Bennett, Chalmers, Schiltz. Nays-None. Ahsent-Councilman Kane. Resolution No. 52-36 Whereas the Planning and Zoning Commission of the City of Dubuque has recommended to the Council that the Zoning Map be amended and changed in the following re- spects: By changing from "TWO FAMILY RESIDENCE DISTRICT" and "SIN- GLE FAMILY RESIDENCE DIS• TRICT" to "MULTIPLE FAMILY RESIDENCE DISTRICT" Lots No. 1 to 20, incl., J. P. Schroeder's Add.; Lots 1 and 2 of 108, Mechauics Add.; Lots 4 to 11, incl., Porter's Add.; Lots 1 to 6, incl., Buettell's Sub.; Lots 73 to 77, incl., Cox's Add.; and Lots 22 to 31, incl., and 108 to 117, incl., C, A. Voelker's Add.,; all in the city of Dubuque, Iowa. Whereas, before said Zoning Map can be thus amended and changed, it is necessary that a pnblic hear- ing be held thereon. Naw, there- fore: Be it resolved,by the City Council of the City of Dubuque, that said recommendation be and the same is hereby approved and the Clerk is directed to cause to be published in the Telegraph-Herald a notice of a pnblic hearing to be held by this Council upon the proposed changes and amendments, the date of said meeting being hereby fixed at 4:00 o'clock P. M. on May 25, 1936, and to be held in the Council Chamber in the City Hall, said notice to be published at least 15 days before the date of said meeting, at which time atl parties in interest and citi• zens shall have an opportunity to be heard. Passed, adopted and approved this 4th day of May, 1936. F. M. JAEGER, Mayor. JOHN K. CHALMERS, PETER SCHILTZ, A. M. BENNETT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Schiltz moved the ad- option of the resolution, Seconded by Councilman Bennett. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Schiltz, Nays-None. Absent-Councilman Kane, Resolution No, 53-36 On April 13, 1936, Fred Gantert, for many years Auditor of the City of Dubuque, was called to his eter- nal reward. His death was the occa- sion for great sorrow .in this com- munity, His friends were legion, Quiet, unassuming in his demeanor, he won and held the friendship and respect of his superiors, his assoc• fates and all who had the opportun- 112 ar Session, May 4th, 1936 ity of knowing him. He was a good citizen and a Christian gentleman. As a public official he was court- eous, honest and conscientious in the performance of his duty. The position he occupied with the City of Dubuque was one of great im•~~ portance and trust and he fulfilled his responsibilities in a commend- able and capable manner. The City of Dubuque owes to Fied Gantert a debt of gratitude and -this Council, as the governing body thereof, wish- es to repay this obligation by giving public expression of the appreciation and high regard in which he was held by all, both as 'a public official and a man. It is Therefore Resolved that this tribute to his memory be perpet• noted by having the same recorded upon the public records of the City Council of the City of Dubuque. It Is Further Resolved that a copy hereof be delivered by the Clerk to the sorrowing family. Passed, adopted and approved this 4th day of NIay, 1936. F. M. JAEGER, Mayor. JOHN K, CHALMERS, PETER SCHILTZ, ARTHUR M. BENNETT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Bennett moved the adoption of the resolution. Seconded by Councilman Schiltz. Carried by 1;he fallowing vote: Yeas- Maym• Jaeger, Councilmen Bennett, Chalmers, Schiltz. Nays-None. Absent-Councilman Kane. To the Mayor and Council of the City of Dubuque. Gentlemen: On May 1, 1936, the White•Phillips Corp. of Davenport, Io`va, was awarded a judgment against the City of Dubuque in the snm of $134,076.97 with interest and costs. This action was based upon two distinct causes. One cause was predicated upon defaulted Special Improvement bonds amounting to $40,200 and the other upon Warrants issued by the City during the fiscal year 1935, amounting to $93,876.97. The Special Improvement bonds upon which judgment was taken ma• tured on April 1, 1936, and payment was refused due to insufficient funds in the various Improvement Funds against which the bonds were is~ sued. A shortage existed in thesQ funds on April 1st because Special Assessments which had been levied upon benefitted property had not been paid. Under the lam in such cases, there is imposed upon a City issuing such bands, an obligation tt collect special assessments and tc apply the same to the payment of the bonds. When such assessments are not paid by the property own• ers and a shortage results in the funds, it is the policy of the law that the loss must fall upon the' city and not upon the holder of the bands. The payment of Special As- sessments, when not made voluntao- ily, can be enforced only in one way, that is by tax sale. Tax sales have been held during the past sev eral years, but they have not re• sultod in the payment of these tax- es. There were no purchasers at these sales and the City had no money ova-ilable with which to be- come apurchaser itself. Consequent- ly ashortage resulted in the funds a,nd the judgment was authorized. As to warrants. The law author izes the City to issue its warrants based upon anticipated receipts from General and Special Tax levies. When taxes are not paid, as has been the case during the past several years, the City may issue its war• rants and mark them "Not Paid for Want of Funds" when they are pre• sented for payment. These warrants constitute an obligation of the City. The warrants which were issued during the fiscal year 1935 are of that character and were drawn against proper funds under legal authority. The White-Phillips Corp. owned $93,876.97 of these warrants and they were reduced to judgment in this action. The judgment referred to should be funded without delay. Bonds should be issued having such matur- ity and bearing such a rate of in• terest as will make it possible to retire them tivithout serious iucon• venience. When the bonds are is- sued, they can be exchanged for the judgment and the judgment will, thereupon, be satisfied and dis- charged. Iwould suggest that the Manager be directed to open nego• ti~ations with the White-Phillips Corp. at once and ascertain upon what basis it would be willing to accept bonds fn exchange for the judgment. If a satisfactory arrange- ment cannot be made with this com- pany, then the Council has the right to advertise the bonds and sell them to the highest bidder. As the judg- ment bears 5% interest firom the date of entry, to-wit, May 1, 1936, you will see the importance of talz• ing prompt action. Permit me to make a few recommendations. 1-The fact that the Special Im• provement Bonds were reduced to judgment does not mean that the lien of the Assessments are re- moved. It appears that in November, 1935, when a check was made, there existed approximately $50,000 of de• linquent Special Assessments. Had these assessments been paid, the bonds could have been paid. During this year an intense effort should be made to impress upon property owners the necessity for the pay ment of their assessments. T believe a plan can be worked out whereby it will be mutually advantageous to the property owner and the City to clear-up these delinquent assess- ments as soon as possible. frWhen these assessments are paid it would be aivisable whenever passible, to set aside such payments into a Sinking Fund that will be available for the payment of the judgment bonds, principal and in- terest, as they mature. Of course, this will have to be done through a permanent transfer authorized by the State Comptroller. As such a Sinking Fund would accumulate, the need for a general tax levy would be obviated. - 3-Very often assessments are re• duced by the City Council, and when that is done •it is the custom to pay the amount of the reduction from the Consolidated Fund to the Im- provement Fund. However, the in• terest on the outstanding bonds has oat been determined or protected in a similar manner, As a result, every time a reduction is made a loss of interest occurs in the Improvement Bond Fund. This creates ,a heavier load upon such funds than they can bear. Therefore, whenever a reduc- tion is made in any assessment, the loss in interest should be deter- mined and protected by a transfer from the Consolidated Fund. 4-The call of Improvement Bonds is optional. The City has the right to call for payment any of these bonds whenever there is sufficient money in any fund with which to pay outstanding bands. It should be the policy of the City to call bonds in every fund whenever that fund has a sufficient accumulation to pay bands that mature in the succeeding April. If this be done, the interest on the bonds `vill stop and a sub- stantial saving will be accomplished. 5-When it becomes apparent that a delinquency in the payment of Special Assessme~}ts will exist in any year, an appropriation should be made from the Improvement Fund or Miscellaneous Revenue to protect a corresponding delinquency in the Improvement Bond `Fund. 6-Experience shows that where the interest upon Special Assess-' ments is the same as the interest ~ upon the bonds, that a shortage of interest results. The interest upon deferred installments of Assess• ments should be at least 1% more than the interest which is paid upon the bonds. It seems advisable, there- fore, whenever Improvement Bonds are issued that the rate of interest paid should be 1% less than the amount of the interest paid upon Assessments, 7--As to that part of the judgment based upon "No Fund Warrants". As stated, these `varrantg had been is- sued because of delinquent regular and special taxes. Approximately $274,000 is delinquent at this time, It is very probable that much of this delinquency will be liquidated dur• ing the next 12 months, When paid, it becomes available for the payment of outstanding warrants. Since the judgment was placed upon such war- rants as were issued during the fis- cal year 1935, it seems to me to be proper that, as far as possible, the judgment bonds should be paid from these delinquent taxes. A sinking fund might be set up for this pur- pose into which such delinquent tax- es will be paid, and such fund will then become available for the retire- ment of the judgment bonds as they mature without a tax levy therefor. A permanent transfer for this pur- pose would have to be authorized by the State Comptroller and the funds should be so ear-marked that they would be available for that pur• pose only. Sinking funds, as such, are inactive funds, as defined by the statute and may be invested in le• Bally authorized securities. When thus invested, the interest from such investments could be applied to the payment of the interest on the bonds. While these recommendations may appear technical, I think they are thoroughly practical and, if follow ed, `vill solve some of our difficul- ties and will not make it necessary to levy any taxes for the payment of the judgment bonds. Respectfully submitted, M. H. CZIZEK, City Solicitor. Councilman Schiltz moved that the report of City Solicitor Czizelr be made a matter of record. Sec- onded by Councilman Bennett. Car- ried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Schiltz. Nays-None. Absent-Councilman Kane. Resolution Na. 54--36 Whereas, under date of May 1, 1936, a judgment was rendered against the City of Dubuque, Towa, in the principal sum of $134,076.97 sand interest thereon from May 1, Regular Session, May 4th, 1936 113 114 Regular Session, May 4th, 1936 1936, at the rate of five per cent per annum; and Whereas, it is deemed advisable and necessary to fund the indebted- ness evidenced by said judgment by the issuance of the Funding Bonds of said City; and tiVhereas, before proceedings are instituted for the issuance of said Funding Bonds iC is necessary that notice of such proposed action be given to the taxpayers of said City: Now, Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque, Dubuque County, Iowa, as follows: Section 1. That it is hereby found and determined that it ~is advisable and necessary for said City to issue its Funding Bonds in the amount of $134,000 for the purpose of funding a judgment indebtedness fn a like amount. Sec• 2. That the Clerk of said. City be and he is hereby directed to Pub- lish notice of the proposed action of this Council to institute proceed- ings for the issuance of $134,000 Funding Bands of said City for the purpose of funding an indebtedness of said City evidenced by a judg- ment rendered against said City. Such notice shall be published at least once in a newspaper published and of general circulation within said City at least ten days before the meeting at~which such proposed action will be taken, and shall be in substantially the following farm: Public Notice Public Notice is hereby given of the proposed action of the City Council of the City of Dubuque, in Dubuque County, Iowa, to institute proceedings for the issuance of $134,000 Funding Bonds of said City for the purpose of funding a like amount of the indebtedness of said City evidenced by a judgment. Notice is further given that such proposed action will be taken at the City Hall, Dubuque, Iowa, at 4:30 o'clock P. M. on the 18th day of 11Iay, 1936, and that an appeal-may be taken to the State Comptroller by filing a petition with the City Clerk of said City at any time be- fore said date, signed by five or mare taxpayers of said City, and setting forth their objectipns to such action. BY ORDER OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA. J. J. SHEA, City Clerk• Sec, 3. That this City Council shall meet on the 18th day of May, 1936, at 4:30 o'clock P, M. for the purpose of considering the objec- tions, if any, to the proposed action of this Council to issue the Funding Donds of said City in the amount of $134,000, and to adopt the necessary proceedings for the issuance of said bonds. Sec, 4. All resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. Passed and approved May 4th, 1936. F, M. JAEGER, Mayor. JOHN K. CHALMERS, PETER SCHILTZ, ARTHUR M. BENNETT, Councilmen. Attest: J. J• SHEA, City Cleric. Councilman Sahiltz moved the adoption of the resolution. Second- ed by Councilman Bennett. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Schiltz• .Nays-None. Absent-Councilman Kane. Councilman Bennett moved that the prayer of the petition of Du- buque Trades and Labor Congress, requesting the use +of the grounds adjoining the Athletic Field for the holding of a carnival commencing June 9th and ending June 14th, and also that said grounds be reserved for them from June 1st to June 15th, be granted and that the license fee fm' the holding of said carnival be eliminated. Seconded by Councilman Schiltz. .Carried by the following vote: Yeas-Maym• Jaeger, Councilmen Bennett, Chalmers, Schiltz. Nays-None. Absent-Councilman Kane• Councilman Chalmers moved that the request of the Mid-Continent Petroleum Corporation, on behalf of the Witwer Grocery Company, for perm-fission to install a gasoline tank and pump in the rear of the Witwer Grocery Company building just south of the refrigerator car, be granted temporarily, Seconded by Council- man Schiltz• Carried by the follow ing vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Schiltz. Nays-None. Absent-Councilman Kane. Councilman Chalmers moved that the matter of construction of side- walks on the south side of Stanton Street from Rhomberg Avenue to Lincoln Avenue be referred to the City Council to view the grounds. Seconded by Councilman Schiltz. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Schiltz. Nays-None. Absent-Councilman Kane. Special Session, There being no further business, Councilman Schiltz moved to ad- journ. Seconded by Councilman Chalmers. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Schiltz. Nays-None. Absent-Councilman Kane• J• J, SHEA, City Clerk. Approved ......................................1936. Adopted ....:...................................1936. Councilmen ~ ............................................ Attest : ............................ ,.. City Clerk. 8th, 1936 115 CITY COUNCIL (Official) Special Session, May 8th, 1936• Council met at 4:65 P. M. Present-Mayor Jaeger,, Council: men Bennett, Kane, Schiltz, City Manager Evans. Absent-Councilman Chalmers. Meeting called by order of Mayor Jaeger and Councilman Kane•. NOTICE AND CALL OF SPECIAL COUNCIL MEETING OF CITY; OF DUBUQUE. Dubuque, Iowa, May 8, 1936. To Councilman Peter Schiltz. You are hereby notified that a Spe- cial Meeting of the City Council of the City of Dubuque is called, to be field in the Council Chamber of the City Hall at 4:30 o'clock P. M. on Friday, May 8, 1936. At this meet- ing there will be considered a Reso- lution .entitled "Resolution No. 55- 36." Resolution to fix a date of meeting at which it is proposed to take action for the' issuance of $6,000.00 Swimming Paol Revenue Sinking Fund Bonds. Such other business will be transacted at such meeting as may properly come be- fore a regular meebing of said Council. M. R• KANE, P. M. JAEGER, Councilmen. Resolution No. 55-36 Resolution To Fix A Date Of Meet- ing At Which It Is Proposed To Take Action For The Issuance Of $G,000.00 Swimming Paol Revenue Sinking Fund Bonds. Whereas the City of Dubuque in the County of Dubuque and State of Iowa, has heretofore ordered and provided for building and construct- ing a Swimming Pool within the City of Dubuque, to be financed un- der aFederal W. P. A. grant known and described as Municipal Swim- ming Pool-W. P.-296; the contri- bution to puck project upon !the part of the City of Dubuque to be the sum of $6,000.00, said sum to be' realized from the sale of Swim. ming Pool Revenue Sinking Fund Bonds; and Whereas it is deemed for the best interest of said City that said costs to be so paid be realized at this time and that Swimming Pool Rev- enue Sinking Fund Bonds of said City be issued thereforA but it is ftrst necessary to give notice of hearing as required by Section No, 363 of the Code of Iowa, 1935; now, therefore, Be it resolved by the• City Council 116 Special Session, May 8th, 1936 Special Session, May 8th, 1936 117. of the City of Dubuque as follows: Sec. I. That this City Council meet at the Council Chambers at the City Hall within the City of Dubuque on the 25th day of May, 1936, at 4:30 o'clock P. M. at which time and place proceedings will be instituted and action taken for the issuance of $6,000.00 Swimming Pool Revenue Sinking Fund Bonds for the purpose of defraying such portion of the costs of the construction of said Swimming Pcol as has been agreed to by the City of Dubuque, in con- nection with the W. P. A. project referred to in the preamble hereof, Section 2. The City Clerk is here- by directed to give notice of pro- posed action for the issuance of said bonds setting fot•th the atnount and purposes thereof, the time when and place whets said meeting will be held by publication at least once, at least 10 days before the meeting in the Telegraph-Herald, the official newspaper of said City and which has a general circulation within said City, said notice shall be in sub- stantially the following form: "The City Council of the' City of Dubuque, Iowa, will meet on the 25th day of May, 1936, at the Council Chambers in the City Hall, Dubuque, Iowa, at 4:30 o'clock P. M, for the purpose of instituting proceedings and taking action far the issuance of $6,000.00 Swim- ming Pool Revenue Sinking Fund Bonds of said City for the pun= pose of defraying the costs to that amount, of building and construct- ing aSwimming Pool in and for said City, "At any time before the date of said meeting, five or more. tax payet•s may file a Petition in the office of the City Clerk setting forth their objections thereto, "By order of the City Council, May 8, 1936. J. J. SHEA, City Glerk." Section 3, That all resolutions or parts thereof,in conflict herewith be and the same are hereby repealed and this resolution shall be effec- tive from and after its passage and approval, Passed, adopted and approved this 8th day of May, 1936. F. M. JAEGER, Mayor. M. R, I{ANE, PETER SCHILTZ, A. M. BENNETT, Councilmen. Attest: J, J. SHEA, City Clerk. Councilman Kane moved the ad- option of the resolution. Seconded by Councilman Schiltz, Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Kane, Schiltz, Nays-None, Absent-Councilman Chalmers, Resolution.No• 56-36 A Resolution Awarding a Contract for Repairing the Flood Light Sys• tem at the Municipal Athletic Field and Declaring an Emergen• cy. Whereas, the Flood Light System at the Municipal Athletic Field is in a bad state of repair and thane is danger that serious damage may result from the same unless it is immediately repaired; and Whereas, one Ray Theois bas sub- mitted aproposal to repair, replace and restgre to good workable con- dition said system and it is deemed advisable to accept said proposal and enter into a contract with said Roy Theois on the basis of his pro- posal; and Whereas, a contract bas been pre- pared for the performance of such work, a copy of which is hereto at- tached and made a part riet•eof; now therefore, Be it resolved by the City Council of the City of Dubuque that the proposal of said Roy Theois be and the same is hereby accepted and that the Manager be and he is here- by authorized and directed to exe- ettte acontract with said Roy Theois of the form and substance of the copy hereto attached, on behalf of said City of Dubuque, Be it further resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this Sth day of May, 1936. F. M. JAEGER, Mayor. M, R. KANE, PETER SCHILTZ, A. M, BENNETT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kane moved the ad- option of the resolution, Seconded by Councilman Schiltz. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Kane, Schiltz. Nays-Nona, Absent-Councilman Chalmers. Notice of claim of John Werni- mont in the amount of $2,500.00 for injuries received due to the con- dition of West Locust Street, op• posits Clarlte College, and while riding in the car of 'Charles C. Harms which car was damaged due' to the condition of said West Lo- cust Street, presented and read, Councilman Schiltz moved to re_ fer the notice of claim to the City Solicitor. Seconded by Councilman Bennett. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Kane, Schiltz. Nays-None, Absent-Councilman Chalmers. Notice of claim of Mts. Tobias Magana in the amount of $5,000,00 for personal injuries received in falling on icy sidewalk in front of residence No, 1992 Delhi Street, pre- sented and read. Councilman Schiltz moved to re- fer tha Notice of Claim to the City Solicitor, Seconded by Councilman Bennett. Carried by the fallowing vote: Yeas-Mayor Jaeger, Councilmen Bennett,, I{one, Schiltz. Nays-None. Absent-Councilman Chalmers. Petition of Columbia College, re- ferred to the City Council by the Board of Supervisors, requesting cancellation of the 1935 and 1930 taxes on Lot 54 in Grandview Heights Additio¢, presented and read. Councilman Schiltz moved to re~ fer the petition to the City Solicitor Yor investigation and report, Sec- onded by Councilman Bennett, Car- ried by the following vote: Yeas-Mayot• Jaeger, Councilmen Bennett, Kane, Schiltz. Nays-None. Absent-Councilman Chalmers. Councilman Bennett moved that a union painter be employed by' the City of Dubuque for the painting of stop signs and markings on the City Streets. Seconded by Councilman Schiltz. Carded by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Kane, Schiltz, Nays-None. Absent-Councilman Chalmers. There being no further business, Councilman Kane moved to adjourn, Seconded by Councilman Schiltz. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Kane, Schiltz. Nays-None. Absent-Councilman Chalmers. J. J. SHEA, City Clerk, Approved ....................................1936. Adopted ........................................1936. Councilmen : ........................................ Attest : .................................................. City Cletk• 118 Regular Adjourned Session, May 18th, 1936 CITY COUNCIL (Official) Regular Adjourned Session, May 18th, 1936. Council met at 4:40 P. M. Present-Mayot• Jaeger, Council- men Bennett, Chalmers,, Kane, Schiltz, City Manager Evans, Meeting called by order of Coun- cilmen Kane and Chalmers. NOTICE AND CALL OF REGULAR ADJOURNED SESSION OF CITY COUNCIL. To Peter Schiltz, Councilman: You are hereby notified that a Regular Adjourned Session of the City Council of the City of Dubuque will be held at the Council Cham- bers at the City Hal] at 4;30 o'clock P. M• on Monday, May 18, 193G. At this meeting there will be considered any objections or peti- tions of protest which may be filed to the proposed action of the City Council to issue $134,000.00 Funding Bonds of the City of Dubuque, Iowa, notice thereof having been hereto- fore published as required by law. If no objections or petition of pro- testis filed to such proposed action, then there will be introduced at said meeting a resolution entitled; "Res- olution to authorize the issuance of $134,000.00 Funding Bands of the City of Dubuque, Iowa" Such oth- er business will be transacted at said meeting as may properly came before a regular meeting of the City Council. Dated at Dubuque, Iowa, this 16th day of May, 1936. M• R. KANE, JOHN K. CHALMERS, Councilmen. Proof of publication, certified to by the publishers, of the notice of hearing of the proposed action of the City Council of the City of Du- buque, Iowa, to issue $134,000.00 Funding Bonds of said City for the purpose of funding a like amount of the indebtedness of said City evi- denced by a judgment, presented 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 fallowing vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz• Nays-None. Resolution No. 57-36 Resolution to authorize the issue of $134,000.00 Funding Bonds of the City of Dubuque, presented and read. Councilman Schiltz moved that the resolution be approved and placed on file with the City Clerk for one week for public inspection, Seconded by Councilman Chalmers, Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. Statement of dues for member- ship in Upper Mississippi Waterway Association in the amount of $50.00, presented and read. Councilman Chalmers moved that the bill be allowed and that a wat•• rant in the aniount of $50.00 be or- dered drawn on the City Treasurer in favor of Upper Mississippi Water- way Association to cover the amount of said statement- Seconded by Councilman Bennett. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz• Nays-None. Petition of Clarence Oswald ire- questing refund of the amount that he paid into the Police Pension Fund while he was a member of the Po• lice Department, presented and read, Councilman Kane moved to re• ceive and file the petition. Second- ed by Councilman Chalmers. Car- ried by the following vote: Yeas--Mayor Jaeget•, Councilmen Bennett, Chalmers, Kane,.. Schiltz• Nays-None. Petition of Dr. W. Henneger et al requesting that a Municipal Tennis Court be' built at the corner of At- lantic and Custer Streets formerly used as an ice skating r k, pre- sented and read. Councilman Bennett move to re- fer the petition to the Rec~ation Commission Seconded by Co pcil- man Schiltz. Carried by the fol- lowing vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. Petition of L. B. Knecht, District Superintendent of Northeastern Iowa, and State Evangelist for the Iowa S. D. A. Conference, request- ing permission to erect a temporary one story tabernacle at the south- west corner of Seventeenth Street and Central Avenue, presented and read. Councilman Chalmers moved. to suspend the rules for the purpose of allowing any one- present in the Council Chamber, who wishes to do so, to address the Council. Second• ed by Councilman Schiltz. Carried by the following ¢ate; Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. Mr. L. B. Knecht addressed the Council requesting that the prayer of his petition be granted. Regular adjourned Session, May 18th, 1936 119 Connciltuan Kane moved to refer the petition to the City Council to view the grounds for the purpose of ascertaining information as to traffic conditions. Seconded by Coun- cilman Chalmers. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane,, Schiltz. Nays-None- Mr. Fred J• Huftill, representative of Local Fire Fighters Union ad- dtessed the Council making verbal request for the use of the parking space west of the Municipal Athlet- ic Park for the holding of a carnival either during the latter part of the month of August or the early part of the month of September. Councilman Kane moved that the verbal request be granted. Second- ed by Councilman Bennett- Carried by the follavling vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. Notice of claim of Mt•s. John Buol in the amount of $60,0.00 for person- al injuries received due to the tip• ping of a manhole at the corner of 18th and White Streets, presented and read. Councilman Schiltz moved to refer the Notice of Claim to the City So• ]icitot•. Seconded by Councilman Bennett. Cat'ried by the following vote: Yeas-Mayot• Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. Petition of Memorial Day General ,Committee requesting the City Coun- cil to make the usual appropriation for the public observance of Mem- orial Day, presented and read. Councilman Kane ttroved that an appropriation of $200.00 be author- ized, said appropriation to be charged against the Consolidated Re• serve Fund. Seconded by Council- man Schiltz. Carried by the fol- lowing vote: Yeas-Mayor Jaeget•, Councilmen Bennett, Chalmers, Kane, Schiltz, Nays-None. Petition of Veterans of Foreign Wars requesting permission for the holding of a carnival during the week of July 6th to 11th on the parlr- ing grounds west of the Base Ball Park on Fom•th Street Extension, presented and rea.d• Councilman Bennett moved that the prayer of the petition be grant- ed. Seconded by Councilman Schiltz. Carried by the following vote: Yeas-Mayor Jaeger,, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. Petition of Al, Hartig, Rotary Club i Sports Chairman, requesting permis- sion for the use of the Base Ball Park on Monday and Wednesday nights from 5 P. M, to 7 P. M. for the holding of a soft ball league, presented and read. Councilman Bennett moved that the prayer of the petition be grant- ed. Seconded by Councilman Schiltz. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None, Petition of Mrs. Anna Wampaeh, referred to the City Council by the Board of Supervisors, requesting the suspension of the 1936 taxes on Lot 39 in Hooper's Addition, presented and read. Councilman Schiltz moved to re~ fet• the petition to the City Solicitor fot• 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 AND WAIVER To the Honorable Mayor and City Council of Dubuque. Gentlemen: The undersigned, be• ing the owners of Lot 4 of Jackson School Subdivision in the City of Dubuque, Iowa, do hereby petition the City Council of said City, as soon as practical, to build and construct a six inch vitrified file sanitary sew- er in Cox Street from the manhole in Kirkwood Street to a point about 140 feet southerly so as to serve the premises above described and,. in or- der to expedite the construction of said improvement, the petitioners request that a contract be awarded therefore to a qualified contractor who will submit the lowest and best bid to the Gity Managet• without formality of public solicitations of. bids, said improvement to be con- structed according to plans and spe- cifications prepared by the City En- gineer, the total cost, however, to be not in excess of $200.00. In consideration of the granting of this petition and the advantages which the petitioners will enjoy by having said improvement promptly constructed, they request that the adoption of a plat and schedule, es- timates, aResolution of Necessity, the publication of Legal Notices, the holding of hearings, the advertising for bids and any and all other pro- ceedings ordinarily required to sus- tain a valid Special Assessment, be dispensed with and your Petitioners hereby expressly waive all of such formalities and every question of jurisdiction and authorize the City Council to order said improvements constructed without adopting any statutory proceedings therefore and the assessments to be levied against the property of the undersigned shall have the same force and- ef- fect as if all of such proceedings 120 Regular Adjourned Session, May 18th; 1936 had been duly and legally taken and adopted and the undersigned agree to pay said assessments, without protest or objections, in ten annual 'equal installments, the first install- ment with interest at 6% From the date of the accomplishing of the im- provement,. to be paid within 30 days after the assessment is levied and all subsequent installments to be paid when due, with 6% interest thereon. Signed and dated at Dubuque, Iowa, this 18th day of May, 1936. CHAS. ELGIN. MRS, CHAS. ELGIN, Councilman Schiltz moved that the petition and waiver be approved and that the City Solicitor be in- structed to prepare the proper reso- lution. Seconded by Councilman Bennett, Carried by the' following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz, Nays-None. May 4, 1936, To the Honorable Mayor and City Council, Dubuque, Iowa. Gentleroten: In accordance with Chapter 289 of the State Code of Iowa 1927 and amendments to Sec- tion 66.96, Chapter 289, passed at the 46th General Assembly in 1934, the Civil Service Commission con- ducted an examination for applicants to the Police and Flre Departments on April 6, 1936. The following nine names on the Police Department and ten names on the Fire Department are those who have passed the men- tal and physical examinations with the highest average and are respect- fully snbmitted for your approval, Police Department Clarence Oswald .......................... 88i/z Joseph P. Link ...................:........ 88t/4 Harold W. Ball .............................. 85 Earl P. Oeth .................................. 841/4 Wm. J. Lynch .............................. 821/4 Earl S, Schlegel .......................... 801/z (Robert J. Neuman ...................... SOl/4 Robert L. Golden ........................ 79~Z Jerome Steffen .............................. 753/4 Fire Department Francis R. Henkels .................... 983/4 Cyril V. Behr ................................ 941/z Paul J. Corbett ............................ 93'/4 Eldon Strohmeyer ........................ 901/z John M, Connolly ........................ 883/4 Homer M. Buckley ...................... 873/4 John McEvoy ................................ 87 Edwin G, Kalloway .................... 771/z Alfred C. Carroll ........................ 774/4 Albert J, Reisch .......................... 753/4 Respectfully submitted, R. L. Woodward, Chairman. E, J. RYAN, B, C. SCHMID, Commissioners, A. E, SIGMAN, Secretary. Subscribed and sworn to before me this 4th day of May, 1936. J. J. SHEA, Notary Public, Councilman Chalmers moved that the report of the Civil Service Com- mission be made a matter of record. Seconded by Councilman Schiltz. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kaue, Schiltz. Nays-None. Annual report of Civil Service Commission for the three year per iod commencing April 1st, 1933, and ending March 31st, 1936, presented and read. Councilman Bennett moved that the report be received and placed on file. Seconded by Councilman Schiltz. Carried by the following vote: Yeas-Mayor Jaeger, Councilman Bennett, Chalmers, Kane, Schiltz. Nays-None, May 16, 1936. To the Honorable Mayer and City Council, Dubuque, Iowa. Gentlemen: On May 4th the peti- tion from Mr. Frank Graver request- ing the right to construct a two~car garage on his lot on the west side of Stafford Avenue at the rear of his lot on the northwest corner of Stafford Avenue and Ries Street was submitted to the City Council and was referred to the City Manager for examination and report. This location was examined this morning by the writer. According to Mr, Graver's letter, the present stone wall on the west side of Staffmd Avenue at the alley at the rear and nerth of his house is a minimum height of 7' 6" above his yard level at this point. The x~all is not on the edge of the property line. The Property line is still ap- proximately 2' 9" west ot• farther ft•om the curb than the west side of this wall. il]r. Graver's request is to use this stone wall for the east side wall of his garage. In other words, his garage would be a maximum of 2' 9" on the present city sidewalk space, There is no possibility of using this 2' 9" at present by the City. Accordingly, if the Council desires to authorize the use of this 2' 9" of sidewalk apace for the location of a garage, it is the writer's opinion that it should be granted temporarily and on the basis that if, in the future, the west sidewalk of Stafford Ave- nue is to be widened, the garage will be moved west on this lot and entirely taken off the City sidewalk space. Another provision that is suggest- ed would include the requirement Regular Adjourned Session, May 18th, 1936 121 that the drainage of rain water from the roof of this garage should so be arranged that the water from rains and snows would not flow toward the sidewalk. Respectfully submitted, R. M. EVANS, City Manager. Councilman Bennett moved that the request of Mr. Frank Graver be granted temporarily. Seconded by Councilman Kane. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. Resolution No, 58-36 Whereas, applications for Beer Permits have been submitted to this Council for approval and the same leave been examined: Now, There- fore, Be It $esolved by the Council of the City of Dubuque that the follow- ing applications be and the same are hereby approved and it is ordered that the premises to be occupied by such applicants shall be forthwith inspected: CLASS "B" PERMIT Rugh W. Buse, 2400 Central Avenue- CLASS "C" PERMIT Raymond E, Duttle, 1105 Walnut Street. Passed, adopted and approved this 18th day of May, 1936. F. M. JAEGER, Mayor. JOHN K. CHALMERS, M. R. KANE, PETER SCHILTZ, A. M. BENNF,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, Resolution No. 59-36 Whereas, heretofore applications were filed by the withi^ 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 inspect- ed and found to comply with the ordinances of this City and they have Sled 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 per- sons abeer Permit: CLASS "B" PERMIT Rugh W, Buse, 2400 Central Avenue. CLASS "C" PERMIT Raymond E, Duttle, 1105 Walnut Street. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 18th day of May, 1936.. F. M. JAEGER, Mayor. JOHN K. CHALMERS, M. R, KANE, PETER SCHILTZ, A. M. BENNETT, 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. Councilman Kane moved that James J. Lenehan be granted a re- duction on the Wilson Street Special Assessment levied against Lot 16 of Wilson Sub, and Lot 2 of 2 of Min. Irot 78 in the amount of $75.18, this being the amount of an erron- eous assessment levied and paid against the above mentioned lots for the paving of Hill Street and also that he be permitted to pay the bal• once of the special assessments lev- ied against said mentioned lots for the improvement of Wilson Street by the paying of the principal plus 6% interest per annum and adver- tising costs, the balance of interest and penalties to be waived, and that a warrant in the amount of $101.92 be ordered drawn on the Consol- idated Fund in favor of Wilson Street Special Improvement Fund, said warrant to cover the reduction granted together with any interest which has accumulated on Wilson Street Tmprovement Bonds, and that the City Treasurer, City Auditor and County Treasurer be instructed ac- cordingly, Seconded by Councilman Chalmers. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. Councilman Kane moved that the prayer of the petition of Wage Earn- ers requesting one hour of daylight saving starting April 15th, 1936, and ending September 15th, 1936; be de- nied. Seconded by Councilman Schiltz. Carried by the following vote; A 122 Special Session, Viay 25th, 1936 Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz, Nays-None. Councilman Bennett moved that the prayer of the petition of G. Ret- tenmaier, requesting that the south 7 feet 10 inches of Lot 10 and Lots 12 and 14 in Wick's Addition be changed from "Two Family Resi- dence District" to "Local Business District," be granted and that the City Solicitor be instructed to pre• pare the proper resolution. Second• ed by Councilman Chalmers. Carried by the follatving vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. There being no further business, Councilman Kane moved to adjourn. Seconded by Councilman Chalmers. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. J. J, SHEA, City Clerlc. Approved ....................................1936, Adopted ........................................1936, Councilmen; ( ........................................ Attest : .................................................. City Clerlc. i CITY COUNCIL (Official,) Special Session, May 25th, 1936, Council met at 5:45 P. 114. Present-Councilmen Bennett , Chalmers, Kane, Schiltz, City Man- ager Evans. Absent-Mayor Jaeger. Meeting called by order of Coun- cilmen Kane and Chalmers. Councilman Schiltz moved that Councilman Kane be appointed as Mayor Pro Tem of the meeting. Seconded by Councilman Bennett, Carried by the following vote: Yeas-Councilmen Bennett, Chal• mers, Schiltz, Nays-None. Absent-Mayor Jaeger. Councilman Kane not voting. NOTICE OF CALL OF SPECIAL MEETING OF CITY COUNCIL To F. M, Jaeger, Mayor. Ycu are hereby notified that a Special Meeting of the City Council of the City of, Dubuque is called for 4:30 o'clock P. M, on Monday, May 25, 1936, to be held at the Council Chambers in the City Hall, Dubuque, Iowa. At this meeting the Resolution which `vas introduced and read and filed with the City Clerk for public inspection on May 18, 1936, entitled: "Resolution to authorize the issue of $134,000 Funding Bands of the City of Dubuque, Iowa," will be pre• seated for final action and adoption. At this meeting there will also be introduced an Ordinance entitled: "Ordinance No. 5-36. An Ordinance authorizing and providing for the issuance of $6,000 Swimming Pool Revenue Sinking Fahd Bonds for the City of Dubuque, Dubuque County, Iowa, under the provisions of Chap- ter 308•Fl of the Code of Iowa,. 1935, for the purpose of defraying the cost of the construction and opera- tion of a municipal swimming pool, prescribing the details of said bonds and providing for the collection, se• gregation and disposition of the revenue of said swimming pool of said City for the purpose of paying the cost of operation and mainten- ance thereof, providing an adequate depreciation fund therefor and pay- ing the principal and interest of said Swimming Pool Revenue Sinking Fund Bands and declaring an emerg• ency", unless objections thereto are filed at said meeting, Said meeting will also be for the purpose of can- ducting apublic hearing upon the initiation of proceedings for the is- suance of said bonds. cial Session, May 25th, 1936 123 Such other business will be trans- acted at this meeting as may prop- erly come before a regular meeting of the City Council. Dated at Dubuque, Iowa, this 23rd day of May, 1936, M. R. KANE, JOHN K, CHALMERS, Councilmen. Resolution No. 57-36 TO AUTHORTZE THE ISSUE OF $134,000.00 FUNDING BONDS OF THE CITY OF DUBUQUE. Whereas, The Gity of Dubuque, in the County of Dubuque, and State of Iowa, has outstanding legal, binding and subsisting indebtedness to an amount of not less than $134,000 evidenced by a judgment rendered against said city, in all respects duly, properly and legally issued by the proper court and now outstand- ing and Whereas, There are no funds with which to pay said judgment; and Whereas, It is deemed for the best interests of said city that the in• debtedness thereof, evidenced by said judgment aforesaid, in the amount of not less than $134,000, be settled, adjusted, renewed, extended and funded, and that Funding Bonds of said City be issued therefor;- and Whereas, Notice of the proposed action of this Council to institute proceedings for the issuance of the bonds hereinafter authorized was duly published on the 5th day of May, 1936, in the "Telegraph- Herald", anewspaper of general cir• culation within said city, as required by Section 363, Chapter 23, Code oP Iowa, and no petition objecting to such proposed action was filed; Now Therefore Be It Resolved, By the City Coun• cil of the City of Dubuque, in the County of Dubuque, State of Iowa, as follows: Section 1. That, for the purpose of settling, adjusting, renewing, ex• tending and funding said legal, bind- ing and subsisting indebtedness of said city, now outstanding and evi• dented by a judgment rendered against said city to an amount of not less than $134,000, there are hereby authorized and ordered is- sued the negotiable coupon bands of said city of Dubuque, in the County of Dubuque, State of Iowa, to the amount of $134,000. Sec. 2. That the bonds hereby authorized and ordered issued be denominated "Funding Bonds", be dated May 1, 1936, be numbet•ed consecutively from One (1) to One Hundred Thirty-four (134), bath numbet•s included, be of the denom- ination of $1,000 each, and become due and payable in their numerical order as follows: $20,000 November 1, 1941; $ 5,000 November 1, 1942; $15,000 November 1, 1943; $47,000 November 1, 1944; $47,000 November 1, 1945; That such bonds bear interest at the rate of Three and One-half (31/a%) Aer cent per annum, payable semiannually on the first days of May and November of each year and at maturity. That the interest be evidenced by proper coupons attach- ed to each of said bonds and that both principal and interest be pay- able at the office of the City Treas- urer in and of the City of ,Dubuque, Iowa. Sea 3. That each of said bonds be subject to registration as to Prin- cipal in the name of the holder on the Yrooks of the City Treasurer, such registration being noted upon each bond so registered, and after such registration payment of the principal thet•eof shall be made only to the registered holder, Any bands so registered, upon the request in writing of such holder; personally or by attorney in fact, may be #rans• ferred either to a designated trans- feree or to bearer, and the principal of any bands so transferred and reg- istered to bearer shall thereupon be and become payable to bearer in like manner as if such bond had never been registered. Registration of any bonds as to principal shall not re• strain the negotiability of the cou- pons thereto attached by delivery merely. Sea 4. That said bonds, coupons and provisions for registration be in substantially the following forms: (Farm of Bond) United States of America Stato of Iowa, County of Dubuque City of Dubuque FUNDING BOND No ................. $1,000 The City of Dubuque, in the Coun- ty of Dubuque, and State of Iowa, fot• value received, promises to pay to bearer, or if this bond be regis- tered, to the registered holder here- of, One Thousand Dollars, lawful money of the United States of Amer- ica, on the First day Qf November, 19........, with interest on said sum from the' date hereof until paid at the rate of Three and One-half (3t/%) Por centum per annum, pay- able semi-annually on the first days of May acid November of each year, on presentation and surrender of the interest coupons hereto attached. Doth principal and interest payable at the office of the City Treasurer in and of the City of Dubuque, Iowa; and far the prompt payment of this 124 Special Session, May 25th, 1936 bond, both principal and interest at maturity, the full faith, credit, and resources of said city are hereby ir- revocably pledged. This bond is issued by the City of Dubuque for the purpose of fund- ing alike atnount of legal, binding, and subsisting indebtedness, evi- denced by a judgment in all re- spects duly, legally and properly is• sued and outstanding at the date of the passage of the resolution here- inafter mentioned, pursuant to the provisions of Sectana 6252 et. seq., Chapter 320, of the Code of Iowa, and in conformity with a resolution of the Council of said City duly passed on the 25th day of May, 1936. And It is Hereby Certified and Recited: That all acts, conditions, and things required by the laws and Constitution of the State of Iowa, to be done precedent to and in the issue of this bond have been proper- ly done, happened and been per- formed in regular and due form as required by law, and that the total indebtedness of said city, including this bond, does oat exceed the con- stitutional or statutory limitations. This bond is subject to registra• tion as to principal in the name of the holder on the books of the City Treasurer of said city, such regis- tration to be evidenced by natation of said Treasurer on the back here- of, and after such registration no transfer hereof, except upon such books and similarly noted hereon, shall be valid unless the last regis- tration shall have been to bearer, Registration hereof shall not affect the negotiability of the coupons hereto attached, which shall con- tinue negotiable by delivery merely. In Testimony Whereof, said City, by its Council, has caused this bond to be signed by its Mayor and at- tested by its City Clerk, with the seal of said City affixed and the cou- pons hereto attached to be executed with the facsimile signature of said Mayor and City Clerk, which officials by the execution of this bond, do adopt as and for their proper signs~ tuns their respective facsimile sig- natures appearing on said coup 936. all as of the first day of May, Mayor of the City of Dubuque, Iowa. Attest : .................................................. City Clerk of Dubuque, Iowa. (Form of Coupon.) DUBUQUE, IOWA. No ................. $.................. On the Fit•st day of ............................. 19......, the Treasurer of the City of Dubuque, Dubuque County, Iowa, will Pay to bearer .................................. Dollars gat the office of the City Treasurer, Dubuque, Iowa, for' in- terest due that date on its Funditrg Bond, dated May 1, 1936, No ............... ............................................. Mayor of the City of Dubuque, Iowa. Attest : .................................................... City Clerk of City of Dubuque, Iowa. (Form of Registration Of Ownership.) Name of Date of Registered Signature of Registration Owner Treasurer On the back of each bond there shall be endorsed a certificate of the City Treasurer in the fallowing form: (Form of City Treasurer's Certificate) CITY TREASURER'S CERTIFICATE The issue of this bond has been duly-and properly registered in my office as of the First day of May, 1936. Treasurer of the City of 'Dubuque, Iowa. Sec. 5. That such bonds shall be signed by the Mayor and attested by the City Dlerk, with the seal of said city affixed. The interest cou- pons attached thereto shall be sign- ed and attested by the facsimile sig- natures of the Mayor and C1ty Clerk. After being executed as above pro, vided, said bands shall be delivered to the Treasurer of said City to be by him registered as provided by Section 6256, Code of Iowa, and said Treasurer shall sign the certificate hereinbefore set out and endorsed upon the baclr of each of said bonds, and he shall thereupon deliver said bands to the White•Phillaps Corpor• ation of Davenport, Iowa, in ex• change for said judgment, and si• multaneously with the delivery of said bonds said outstanding judg- ment, herein proposed•to be funded, shall be cancelled, the intention be• ing to change but not to increase the indebtedness of said city. Sec. 6. That, ~in order to provide for the collection of a direct annual tax sufficient to pay the interest on such bonds as it falls doe, and also to pay and discharge the principal Special Session, Nlay 2Sth, 1936 125 thereof at maturity, there be and there is hereby levied upon all the taxable property within said city, in each year while any of said bonds are outstanding, a direct annual tax sufficient far that purpose, and that there be 'and there is hereby levied upon all taxable property tivithin said city a tax sufficient to raise the fol• lowing sums for the following years, to•wit: For the year 1936 the sum of $ 7,035 far interest; For the year 1937 the sum of $ 4,690 for interest; For the year 1938 the sum of $ 4,690 for interest; For the year 1939 the sum of $ 4,690 for interest; For the year 1940 the sum of $24,690 for interest and principal; For the year 1941 the sum of $ 8,990 for interest and principal; For the year 1942 the sum of $18,815 far interest and principal; Fot• the year 1943 the sum of $50,290 for interest and, principal; For the year 1944 the sum of $48,645 for interest and principal. Said taxes when collected shall be converted into a special fund for the payment of principal and interest of the bonds hereby authorized and for no other purpose whatsoever. That the principal or interest com- ing due ~at any time when there at•e no sufficient funds on hand to pay the same be promptly paid when due from current funds on hand, and re- imbursement be made to such cur, rent funds in the sums thus ad- vanced when the taxes herein pro, vided shall have been collected. Sec. 7. That a certified copy of this resolution be filed with the County Auditor of Dubuque County and that said Auditor be and he is hereby instructed in and for each of the years 1936 to 1944 inclusive to enter fot• collection and assess the tax hereby authorized. Sec• 8. That all resolutions or parts of resolutions in conflict here- with be and the same are hereby repealed. Approved and placed on file for one week for public inspection May 18, 1936. Passed, adopted and approved this 25th day of May, 1936. M. R. KANE, Mayor Pro Tem of City of Dubuque, Iowa, JOHN K. CHALMERS, PETER SCHILTZ, A, M. BENNETT, Councilmen, Attest: J. J. SHEA, City Clerk of City of Dubuque, Iowa. [Seal] Councilman Chalmers moved the adoption of the resolution. Seconded by Councilman Schiltz. Carried by the following vote: Yeas-Mayor Pro Tem Kane, Councilmen Bennett, Chalmers, and Schiltz. Nays-None. Absent-Mayor- Jaeger. Proof of publication, certified to by the publishers, of the notice of a public hearing upon the issuance of $6,000.00 Swimming Pool Revenuo Sinking Pund Bonds, presented and read. There being no objections filed, Councilman Chalmers moved to rer ceive and file the proof of publica- tion. Seconded by Councilman Schiltz. Carried by the following vote: Yeas -Mayor Pro Tem Kane,, Councilmen Bennett, Chalmers, and Schiltz. Nays-None. Absent-Mayor Jaeger. Proof of publication, certified to by the publishers, of the notice of hearing upon a proposal to amend and change the Zoning Map by changing from "Two Family Resi- dence District" and "Single Family Residence District" to "Multiple Family Residence District" Lots No. 1 to 20, incl., J. P. Scht•oeder's Add.; Lots 1 and 2 of 108, Mechanics Add.; Lots 4 to 11, incl., Porter's Add.; Lots 1 to 5 incl., Buettel]'s Sub.; Lots 73 to 77 incl., Cox's Add.; and Lots 22 to 31 incl., and 108 to 117, incl., C. A. Voelker's Add., presented and read. Councilman Schiltz moved to re• ceive and file the proof of publica~ tion. Seconded by Councilman Chalmers. Carried by the following vote: Yeas -Mayor Pro Tem I{one, Councilmen Bennett, Chalmers, and Schiltz. • Nays-None. Absent-Mayor Jaeger. Communication of Mt•s. Wm. Met• calf requesting that Hale Street es• pecially in front of her property be repaired, presented and read. Councilman Bennett moved to re• fer the communication to the City Council to view the gt•ounds. Sec- onded by Councilman Schiltz. Car- ried by the following vote: Yeas -Mayor Pro Tem Kane,. Councilmen Bennett, Chalmers, and Schiltz. Nays-None. Absent-Mayor Jaeger. Petition of Arnold Mathis t•equest• ing petmiasion to put a canvass sign across Main Street from b'itzpat- rick's Store to Avon Theatre, pre, sented and read. Ceuncilman Chalmers moved- that the prayer of the petition be grant- 126 Special Session, May 2Sth, 1936 ed. Seconded by Councilman Schiltz• Carried by the following vote: Yeas -Mayor Pro Tem Kane, Councilmen Bennett, Chalmers, and Schiltz. Nays-None. Absent-Mayor Jaeger. May 26th, 1936. To the Honorable Mayor and the City Council of Dubuque. Dear Sirs: This is to inform you that I release the City if there is any damage done to my property when they remove the loose rocks behind and above my home. Thank- ing you I am Respectfully yours, Mrs. Agnes Scollard Poledna. 215 South Locust Street. Councilman Chalmers moved that the communication be made a mat• ter of record. Seconded by Coun• Gilman Bennett. Carried by the fol- lowing vote: Yeas -Mayor Pro Tem Kane, Councilmen Bennett, Chalmers, and Schiltz. Nays-None. Absent-Mayor Jaeger. Petition of Leo P. Manahl, et al, requesting ,the' installation of a street light at the intersection of Burlington and National Streets, pre- sented and read. Ceuncilman Chalmers moved to re- fer the petition to the City Council to vieM1V the grounds. Seconded by Councilman Schiltz. Carried by the following vote: Yeas -Mayor Pro Tem Kane, Councilmen Bennett, Chalmers, and Schiltz. Nays-None. Absent-Mayor Jaeger. Commmmication of John Teague, Davenport, Iowa, requesting Council consideration on the purchase of Rockmau coal for the City regmire_ menu for the season of 1936-37, pre- sented and read. Councilman Kane moved to re• ceive and filed the communication. Seconded by Councilman Chalmers. Carried by the following vote: Yeas - Mayor Pro Tem Kane, Councilman Bennett, Chalmers, and Schiltz. Nays-None. Absent-Mayor Jaeger Notice of Levy and Sale of First National Bank of Dubuque versus William H. Rauch, Elizabeth Rauch, City of Dubuque et alF defendants on Lot 1 of Lot 12 in Stewart's Sub., presented and read. Councilman Schiltz moved to re• fer the Notice to the City Solicitor. Seconded by Councilman Bennett. Carried by the following vote: Yeas -Mayor Pro Tem Kane, Councilmen Bennett, Chalmers, and Schiltz. Nays-None. Absent-Mayor Jaeger. Petition of Mra. Bridget Casey, referred to the City_ Council by the Board of Supervisors, requesting suspension of the 1935 taxes on Lot 1of2of2ofM.L.79,Lot2ofl of 1 of 3 of 7 of Min• Lot 79 and Lot 1 of 3 of 7 of Min. Lot 79, pre- sented and read• Councilman Schiltz moved to refer the petition to the City Solicitor far investigation and report. Sec- onded by Councilman Chalmers. Car- ried by the following vcte; Yeas -Mayor Pro Tem Kane, Councilmen Bennett, Chalmers, and Schiltz• Nays-None. Absent-Mayor Jaeger. Communication of Edw. R. Her• bert, Assistant Director, Iowa State Employment Service, submitting agreement forma and certificates showing local funds available as ap- propriated by the City of Dubuque as their share far the purpose of maintaining the employment office in Dubuque, presented and read. Couucilman Bennett moved that the Mayor, Members of the City Council and the City Treasurer be authorized to sign said agreement forms and certificates. Seconded by Councilman Schiltz, Carried by the following vote: Yeas =Mayor Pro Tem Kane, Councilmen Bennett, Chalmers, and Schiltz. Nays-None. Absent-Mayor Jaeger. Petition of Tho Telegraph-Herald requesting to use West Locust Street from Seminary Street to Alta Vista Street on Sunday,, July 26th,. 1936, for the purpose of staging Du- buque's "Soap Box Derby;' present- ed and read• Councilman Schiltz moved to re- for the petition to the City Man'• ager to make arrangements for a suitable location• Seconded by Coun- cilman Chalmers. Carried by the following vote: Yeas -Mayor Pro Tem Kane, Councilmen Bennett, Chalmers, and Schiltz. Nays-None. Absent-Mayor Jaeger. Communication of United Com• mercial Travelers, Key City Council No• 255, thanking the City Council for placing of their safety signs at the entrance of five highways,, pre- sented and read• Councilman Bennett moved to re- ceive and file the communication• Seconded by Councilman Schiltz. Carried by they following vote: Yeas -Mayor Pro Tem Kane, Special Session, ':Vlay 2Sth, 1936 127 Councilmen Bennett, Chalmers, and Schiltz• Nays-None. Absent-Mayor Jaeger Communication of Mrs. Adeline Kluseman, Chairman of Invitation Committee, extending invitation tc the City Council and City Manager to participate in the Memorial Day Parade, presented and read. Councilman Bennett moved that the invitation be accepted. Second- ed by Councilman Chalmers. Car_ ried by the fo)lowing vote: Yeas -Mayor Pro Tem Kane, Councilmen Bennett, Chalmers, and Schiltz. Nays-None. Absent-Mayor Jaeger. Communication of Electrical Insti- tute of the Tri-Cities extending an invitation to the Electrical Inspect- or to attend the meeting of the Illinois Chapter, Western Section, International Association of Electric- al Inspectors, to be held at Rock Island, Ill., on May 25th and 26th, 1936, presented and read. Councilman Chalmers moved that Otto Bethke, Electrical Inspector, be authorized to attend the meeting. Seconded by Ceuncilman Bennett. Carried by the following vote: Yeas -Mayor Pro Tem Kane, Councilmen Bennett, Chalmers, and Schiltz• Nays-None. Absent-Mayor Jaeger. Communication of Chihl Play As- sociation advising the City Council that Children's Day will be observed on the third Saturday in June and requesting that the Mayor issue a proclamation covering the same, pre- sented and read. Councilman Chalmers moved to refer the communication to the Rec• reation Commission. Seconded by Councilman Schiltz. Carried by the following• vote: Yeas -Mayor Pro Tem Kane, Comncilmen Bennett, Chalmers, and Schiltz. Nays-None. Absent-Mayor Jaeger. Commnnication of Louis Murphy, United States Senator, acknowledg- ing receipt of wire urging the reten- tion of the Home Owners' Loan Cor- poraticn at Dubuque, presented and read• Councilman Chalmers moved to receive and file the communication. Seconded by Councilman Schiltz. Carried by the following vote: Yeas - Mayor Pro Tem Kane, Councilmen Bennett, Chalmers, and Schiltz. Nays-None. Absent-Mayor Jaeger Resolution No. 60-36 Whereas, the present estimated cost of the Elevated Tank and Tow- er,, including the cost of the site, preliminary expense and the water main connection to the tank (Pro- ject Iowa-1079-R) is $5,360.72 more than the original estimate of $60,0,00 Coward which the Federal Govern- ment has approved a grant of 45% ar $27,000. Be it resolved by the City Coun- cil, of the City of Dubuque, that a request is hereby made to the Fed- eral Government, through its auth. orized representative, Mr. P. F. Hop- kins, State Director, P. W A. at Des Moines, Iowa, for an additional 45% grant on the increased cast of $5,360.72, amounting to $2,412.32. Passed, adopted and approved this 26th day of May, 1936. M. R• KAND, Mayor Pro Tem• JOHN K. CHALMERS, PETER SCHILTZ, A. M. , BENNETT, 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 Pro Tem Kane, Councilmen Bennett, Chalmers, and Schiltz. Nays-None. Absent-Mayor Jaeger. May 21, 1936. To the Honorable Mayor and City Council. Dubuque, Iowa. Gentlemen: Yesterday the writer was advised that a carnival was de• sired to be held next week on the city parking space west of the 4th Street Ball Park. Today Mr• Kane advised that Mayor Jaeger had dis• cussed this question and it was for the benefit of the Order of Orioles of Dubuque. In order to avoid" calling a meet- ing of the Council to approve this action, the writer contacted the fol- lowing Councilmen, who, by phone approved the project: Councilman Peter Schiltz, Councilman John K. Chalmers, Councilman M• R. Kane, Councilman Arthur Bennett. It is suggested that the approval of the Council of this project be recorded in Monday's meeting, May 26th. Respectfully submitted, R• M. EVANS, City Manager Councilman Chalmers moved that the oral agreement of the Council Members be made a matter of rec- ord, Seconded by Councilman Schiltz. Carried by the following vote: 128 Special Session, May 25th, 1936 Yeas -Mayor Pro Tem Kane, Councilmen Bennett, Chalmers, and Schiltz. Nays-None. Absent-Mayor Jaeger. To the Honorable Mayor and City Council, Dubuque, Iowa. . Gentlemen: I am submitting here• with report of the City Auditor, City Treasurer, City Water Department and City Health Department for the month of April, 1936, also report of the City Treasurer for the fiscal year beginning April 1st, 1935 and ending March 31st, 1936, together with list of payrolls for which war- rants were issued during the month of April, 1936. Respectfully submitted R. M. EVANS, City Manager. Councilman Chalmers moved that the reports be received and placed on file. Seconded by Councilman Schiltz. Carried by the following vote: Yeas -Mayor Pro Tem Kane, Councilmen Bennett, Chalmers, and Schiltz. Nays-None. Absent-Mayor Jaeger. Resolution No. 61-36 Whereas the City Council of the City of Dubuque, upon the request of the owners of real estate and upon its own motion, deems it ad- visable to change and amend the Zoning Map of the City of Dubuque in the following respects: By changing from "Two Family Residence District" to "Local Busi- ness District" the South 7 feet 10 inches of Lot No. 10; Lot No. 12; and Lot No. 14 in Wiclts Add. to the City of Dubuque, and; Whereas before said Zoning Map can be changed and amended, it is necessary that a public hearing be held thereon: Now, Therefore, Be It Resolved by the City Coun• cil of the City of Dubuque, Iowa, that the Clerk be .and he is hereby directed to cause to be published in the Telegraph-Herald a notice of a public hearing to be held by this Council upon the changes and amendments of the Zoning Map as above proposed, the date of said meeting being hereby fixed at 4:30 o'clock P. M. nn June 15, 1936, and to be held in the Council Chambers in the City Hall, said notice to be published at least 15 days before the date of said meeting at which time all in interest and citizens shall have an opportunity to be heard. Passed, adopted and approved this 25th day of May, 1936. M. R. KANE, Mayor Pro Tem. JOHN K, CHALMERS, PETER SCHILTZ, A. M. BENNETT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Chalmers moved the adoption of the resolution. Seconded by the following vote: Yeas -Mayor Pro Tem Kane, Councilmen Bennett, Chalmers, and Schiltz. Nays-None. Absent-Mayor Jaeger. , Ordinance No. 5-36 Ati Ordinance authorizing and pro- viding for the issuance of $6,000.00 Swimming Pool Revenue Sinking Fund ,Bonds for the City of Du- buque, Dubuque County, Iowa, under the provisions of Chapter 308-F1, of the Code of Iowa, 1935, for the pur- pose of defraying the cost of the construction and operation of a mu• nicipal swimming pool, prescribing the details of said bonds and pro- viding for the collection, segregation and disposition of the revenue of said swimming pool of said City for the purpose of paying the cost of operation and maintenance thereof, providing an adequate depreciation fund therefor and paying the prin- cipal and interest of said Swimming Pool Revenue Sinking Fund Bands and declaring an emergency,, pre- sented and read. Councilman Chalmers moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Schiltz. Carried by the following vote: Yeas -Mayor Pro Tem I{one, Councilmen Bennett, Chalmers, and Schiltz. Nays-None. Absent-Mayor Jaeger. Councilman Chalmers moved to suspend the rules requiring au ordi_ nonce to be read on three separate days. Seconded by Ceuncilmau Schiltz, Carried by the following vote: Yeas -Mayor Pro Tent Kane, Councilmen Bennett, Chalmers, and Schiltz. Nays-None. The ordinance was then read a second time, Councilman Chalmers moved that the reading just had be considered the second reading of the ordinance. Seconded by Councilman Schiltz. Carried by the following vote: Yeas -Mayor Pro Tem Kane, Special Session, M Councilmen Bennett, Chalmers, and SCh11tZ. Nays-None. Absent-Mayor Jaeger. Verbal report of City Solicitor Czizek, recommending that a war- rant in the amount of $133.39 be ordered drawn on the City Treasur- er in favor of Leona Palen, agent for Barbara Palen Estate, this amount being claimed for damages to their sanitary sewer con•t~ction at their proper;,y located ac 18th and Central Avenue, the damage be• ing caused by the driving of an an- chor rod on the installation of a boulevard light standard through their sanitary sewer connection, pre- sented. Councilman Bennett moved that the recommendation of pity Suiicit- or Czizek be approved and that a warrant in the amount of $133.39 be ordered drawn on the City 'Preasur- er in favor of Leona Yalen, agent for Barbara Palen Estate, to cover the amount oP said claim. Sec~.nd- ed by Councilman Schiltz. Carried by the following vote: Yeas -Mayor Pro Tem Kane, Councilmen Bennett, Chalmers, and Schiltz. Nays-None. Absent-Mayor Jaeger. Councilman Schiltz 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. Sec- onded by Councilman Bennett. Car- ried by the following vote: Yeas -Mayor Pro Tem Kane, Councilmen Bennett, Chalmers, and Schiltz. Nays-None. Absent-Mayor Jaeger. Mr. Nicoladdressed the Council re- questing that the carnival which is being sponsored by the Orioles or- ganization be granted permission to ttse their caliope on the City streets to advertise the carnival. No action taken. Mr. Ed. Tegeler on behalf of the Dubuque Airways addressed the Council as to the making of arrange- ments far the leasing of the Mu- nicipal Airport. No action taken. There being no further business, Councilman Schiltz moved to ad• journ. Seconded by Councilman Bennett. Carried by the' following vote: Yeas -Mayor Pro Tem Kane, Councilmen Bennett, Chalmers, and Schiltz. Nays-None. Absent-Mayor Jaeger. J. J. SHEA, City Clerk. 25th, 1936 129 APProved ....................................1936. Adopted ........................................1936. ........................................ Councilmen ........................................ Attest : .................................................. City Clerk.