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1936 December Council ProceedingsRegular Session, December 7th, 1936 307 CITY COUNCIL (Official,) Regular Session, Dec. 7th, 1936. Council met at 7:35 P. M. Present Mayor Jaege~•, Council- men Bennett, Chalmers, Schiltz, and 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 the meeting. Councilman Chalmers moved that the rules be suspended for the pur- pose 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: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Schiltz. Nays-None. Absent-Councilman Kane. Communication of Mrs. Ella B. Wimmer offering Lot 21 of Finley Home Addition fot• sale to the City of Dubuque for the sum of $1,200.00, presented and read. Mrs. Ella B. Wimmer addressed the Council relative to her communi- cation offering Lot 21 of Finley Home Addition for sale to the City of Dubuque. Councilman Bennett moved to re- fer the communication to the City Manager for recommendation and re• part. Seconded by Councilman Schiltz. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Schiltz. Nays-None. Absent-Councilman Kane. Mr. Peter H. McCarthy addressed tho Council objecting to the proposed vacation of all of Peabody Street as requested in the petition of St, Jo- seph's Mercy Hospital- and suggest- ing to the City Council that the por- tion of Peabody Street now occupied by St. Joseph's Mercy Hospital be vacated in return for a portion of their property north of Peabody Street as same time in the future Po~abody Street may be used as a connecting link with the streets and. ~ Surrounding territory. Mr. Georgo Kohlman addressed the Council relative to redemption of the tax solo certificate held by the City of Dubuque against the south 42 feet of Lot 12 of L. H, Lang• worthy's Add, Councilman Chalmers moved that Mr, George Kohlman be granted per- mission to redeem the tax Bale cer- tificate held by they City of Du- buque againat the south 42 feet of Lot 12 of L, H. Langworthy's Ad- dition by the payment of the face value of the certificate plus 5% in- terest per annum, the balance of pen• allies and interest to be waived, and that the City Treasurer be instruct- ed accordingly. Seconded by Coun- cilman Schiltz, Carried by the fol• lowing vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Schiltz, Nays-None. Absent-Councilman l.aue. Petition of the Salvation Army re- questing permission to p1acE kettles on prominent street corners through the business district for to receive Christmas contributions, presented and read. Councilman Chalmers moved that the request be granted. Seconded by Councilman Bennett. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Schiltz, Nays-None. Absent-Councilman Kane. Petition of Mrs. John Bieberman. re• questing permission to install a sep- tic tank in front of the house located at 1020 Merz Street and run file pipe into the street to take care of the sewage, presented and read, Councilman Bennett moved that the recjuest be denied. Seconded by Councilman Chalmers. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Schiltz. Nays-None. Absent-Councilman Kane. Petition of Martha Baker, referred to the City Council by the Board of Supervisors, requesting suspen• sign of the 1935 taxes on East 30 feet of City Lots 166 and 157, presented and read. Councilman Schiltz moved to refer the petition to the City Salicitar for investigation and report. Seconded by Councilman Bennett, Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Schiltz. Nays-None. Absc-nt-Councilman Kane. Petition of Evelyn Butler and Har• old L. Butler, referred to the City Council by the Board of Supervisors, requesting suspension of the 1935 taxes on the North ~ of Lot 98 of East Dubuque Addition, presented and read. Councilman Schiltz moved to re- fer the petition to the City Solicitor for investigation and report. Sec• onded by Councilman Beronett, Car- ried by the following vote: 308 Regular SessioB, December .7th, 1936 ~, Regular Session,. December 7th, 1936 30.9 Yea ~-'Mayor Jaeger, Councilmen Bennett; Chalmers; Schiltz. Nays_None. Absent=Councilman Kane. Petition of Helen L• Elfmann, re• ferred to the City Council by the Board of Supervisors, requesting suspension of the 1935 taxes on North 13 feet 7 inches of City Lot F69' and all of City Lot 160, pre• sented and' read. Councilman Schiltz moved to re- fer the petition to the City Solicitor for investigation and report. Sec- on'ded by Councilman Bennett- Car- rie'di•by the following vote: Yea's-Mayor Jaeger, Councilmen Sennett, Chalmers; Schiltz. Nays-None. Absent~Councilman Kane: Petitton of M: B. Menders, referred to'the City Council by the Board of Supervisors, requesting suspen- sion of the 1933 1934 and 1935 taxes, presented and read. Councilman Schiltz moved to refer the petition to the City Solicitor for investigation and report- Seconded by Cduncilman Bennett. Carried by the` following vote: Yeas=Mayor Jaeger,. Councilmen Beti"nett; Chalmers,, Schiltz. Nays=None. Absent--Councilman Kane. Petition of John Sparks, referred to the City Council by the Board of Supervisors, requesting suspension of the last half of the 1935 taxes on Lot 6 Sub. of Lot 1, the North 33 feet of Lot 8 Sub. of Lot 1, the North 33 feet of Lot 7 Sub. of Lot 1 and the East 9 feet of North' 33 feet of Lot 9 Sub. of Lot 1 all in Randall's Sub:, presented and read. Councilman Schiltz moved to refer the petition to the City Solicitor for investigation and report- Seconded by Councilman Bennett- Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Schiltz. Nays-None. Absent-Councilman Kane. Petition of Mrs. Gertrude Waldorf, referred to the City Council by the Board of Supervisors, requesting suspension of the 1935 taxes on Lot 18 of L• H. Langworthy's Addition, presented' and read. Councilman Schiltz moved to refer the petition t0 the City Solicitor far investigation and' report. Seconded by Councilman Bennett. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Schiltz. Nays=None. Absent-Councilman Kane: Petition of Byrne Bros. Company, ref2rred'ta th'e City Council by the Board of Supervisors; requesting sus• pension of the 1935 taxes- oa City Lots 207 and' 208, presented and read`. Councilman Schiltz moved to refer the petition to the City Solicitor for investigation and report: Seconded by Ceuncihnan Bennett: Carried' by tli'e' following vote; Yeas-Mayor Jaeger,, Councilmen Bennett, Chalmers', Schutz. Nays-None. Absent=Cotlucil~rilan Kane. Notice of claim for personal injury' of A, E; Scheppele iu the' amount of $5tlb:Ob for injuries received in b~- ing sfrttck by a piece of flying steel f~r'oni the air couipressor and air• Hammer Being operated by the City' iti' the' making of an excavation in the pavement on White Street im- lnediately to the south end of-the'' I C'oCo Cola Buil'din'g, pre's'ented and' read. Councilman Schiltz m'oyed t6 refer the notice of claim' to the City Sow licitor. Seconded by' Councilman Bennett, Carrie'd'' by the following Vote: Yea's-Mayor Jaeger; Councilmen 'Bennett, Chalmers. Schiltz. Nay's-None. Absent-Councilmani Kane. ~ari'anty Deed o1' El'do' and Mabel BI'b@k selling and' Convoying Lot 2 of 1'3' of St6wart's Subdivision to the' City of'Du'bilgiie; presented and read. Councilman Bennett moved that thA Wal'rantiy ])'eed tie accepted and m•dered roeorded with th'e' County Recorde~•. Seconded by Councilman Schiltz, Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Schiltz: Nays-None. Absent-Councilman Ifane. streets of the city of Dubuque; desig- nating the provisions hereof as 'the Traffic Coda' of said: city; repealing all ordinances iif conflict herewith;. and providing a penalty far violation here- of", by repealing subdivisions: E` and L. of Rule, 63 of Section- 3, Paragraph 523 thereof relating to boulevards,, and enacting substitutes therefor, and pro'- viding for the stopping of all' veriicle traffic' from all directions at the inter- sectien of Centro] Avenue and 8tH Avenue and prescriliing a penalty' for vlolatibn hereof. Be~ it ordained by the (7ity Council of the city of Dubuque: PARAGRAPH 587 Section 1. That Ordinance No. 10-36 entitled "an ordinance regulating the use of vehicles oh the' streets of the city of Dubuque; de~SiSnahing. the provisions hereof as 'the Traffic' Cude'' of slid city; repealing all ordinances in' con- flict herewith;. and providing a penalty fon violation hereof" be, and the same is, hereby amended by repealing sub= divisions E and L of Rule 03 of Section 3, Yaragrapri 528 thereof relating fo boulevards and enacting a substitute in lieu thereat so that said subdivisions shall hereafter read a5' follows: E "EaOt 8th, Avenue from the west line of white Street to the east line of Centrals Avenue; 8th Avenue from th9 west line of Central Avenue to the east line of Main Street; thence from the west line of Main Streef.to the east 1i11e of Locust Street; .thence from the west line of Locust Street to the west line of Julien Avenue ttieuce On Hill Street from thu' (Vest line of Eighth Avenue to the north line of West 3rd Street." L "Central Avenue frmn the north line of 4th Street to the sodtli line of 8tU AVenuB; thenoe' from the' north line of 8th' Avenue to the south line of 14th Street; and thence from the north line of 14th Street to the north- erly terminus' of said a'venue." PARAGIfA)'H' 088 Secfibn 2'; That al] vehicle traffic approactiing trie intersection of Central Avenue and 8th Avenue. shall' come to a full stop before entering such intersection, FaiP- ure to comply with this provision ahall subject the offender to a fine ^ot to exceed $25.00 on imprisonment not to oxceed eight (8) days in jail. Ordinance No. 12-36 An ordinance establishing a street of the alley first westerly of Fremont Avenue and lying between Dodge and St. Joseph Streets and giving a name to the same„ and also giving a name to the unnamed street first westerly of Ft•enlont Avenue and lying be- tween St. Joseph and Marion Streets; that said alley and unnamed street from Dodge Street to Marion Street shall hereafter be known as "Meadow Lane," said orrlinance hav ing been passed upon first and sec- ond readings on November 30th, 1936, presented and read a third time; ORDINANCE NO. 12-36 An ordinance establishing a street of the alley first westerly of Fremont Avenue and lying between Dodge and Sti Josephs Streets aifd giving a name to the same, and also giving a name. to the unnamed street first westerly' of Fleii~6rit Avetlue and lying between St. Joseph' and Marion Stt'eets; that said` alley and unnamed street from Dodge Street to Marion Street shall hereafter be known' as"'Meadow Lane." Bb it ordained` by' the' City Council of the City of Dubuque: PARAGRAPH 583 Section 1. That the alley first westerly of Fremont Avenue and' lying between Dodge and' St. Josephs Streets be, and the same is' hereby established. and de• Glared to be a street. PARAGRAPH 684 Section 2. That' said' alley; together with the unnamed street first westerly of Fre- ment Avenue and lying between St. Joseph and Marion Streets, shall here- after lie known by the name of "Meadow Lahe." PARAGRAPH 580 Section 3. That after the final' passage, ad'op= tien and- approvaP op this ordinance by the'. City Council and publication; a certified copy thereOE shall be filed by the City Clerk with the R'ecord'er of DuliUque County, Iowa: PARAGRAPH 536 Section 4 This ordinance-shall be in force and effect ten (10) days after its final pas- sage; adopfiom and` approval by the City Council and publication as provided by law. Passed upon first anil'seeond'readings thin 30th day aP` N'ouember, 1938. Passed;. adopted' and, approved upon final reading this 7th day of December, 1'936. F. M'. J'AEGER, Mayor. JOHN I{. CHALMERS, PETER SCHILTZ, ARTHUR np'. BENNETT, Councilmen. Attest: J'. J. SHEA;. Cily Clerk, Published officially in th'e Telegrap$- Herald newspalier, December 9tli, 1936. J. J, SHEA, City Clerlt. Councilman Schiltz moved the ad- option of the ordinance. Seconded by Councilman Chalmers, Carried by the following. vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Schiltz. Nays-None, Absent-Councilman Kane. Ordinance No. 13-36 An, ordinance amending Ordinance Nv. 10-35 entitled "an m'dinance regulating the use of vehicles upon the streets of the City of Dubuque; designating the provisions hereof as 'the Traffic Code' of said Citiy; re- pealing all ordinances in conflict herewith; and providing a penalty fol• violation hereof," by repealing subdivisions E and L of Rule 63 of Section 3, Paragraph 528 thereof re- lating to boulevards, and enacting substitutes therefor, and providing for the stopping of all vehicle traf- fic from all directions at the inter- section of Central Avenue and' 8th Avenue and prescribing a penalty for violation hereof, said ordinance having been passed upon first and second readings on November 30th; 1936, presented and read a third tilrie• ORDI!NANCL N'0. 13-38 An' ordinance .amending: Ordinance No. 10-35 entitled. "an ordinance regu- lating the use of vehicles upon the PARAGRAPH 589 Section 3, This ordinance being deemed urgent and in the Preservation of public safety and convenience shall be in force and effect from and after its final passage and adoption and publication as pro- vided by law. Passed. upon first and second read- ings this 30th day Of November, 193G. Passed, adapted and approved upon final reading this 7th day of December, f 1936. ._2 F. NI. JAEGER, Mayor, JOHN [{. CHALMERS, PETER SCHILTZ, ARTHUR M. BENNETT, Councilmen. Attest: J, ,T. SI3EA, Ctty Clerk. Published officially in the Telegraph- Herald newspaper, December 10th, 193G, J. J. SHEA, City Clerk. Councilman Bennett moved the ad's option' of the ordinance. Seconded by Councilman Schiltz. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Schiltz. Nays-Noce. Absent-Councilman ?`pane. 314 Regular Session, December 7th, 1936 December 7, 1936• To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I am submitting here- with reports of the City Auditor, City Treasurer and City Water De- partment for the month of Novem- ber, 1936, also list of claims and list of payrolls far which warrants were issued during the month of Novem- ber, 1936• Respectfully submitted, R, M. EVANS, City Manager. Councilman Schiltz moved that the reports be received and placed on file. Seconded by Councilman Ben- nett• Carried by rho following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers,. Schiltz. Nays-None. Absent-Councilman I{one. December 7, 1936. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Attached is an ap• peal, a.s submitted through Mr. C• F• Bartels, Building Commissioner, from the Anchor Investment Com- pany and the Voelker Realty Com- pang to not condemn two separate buildings as considered by the City Council in November, 1930• The first building, at 556 West 7th Street, as listed in rho report dated December 3, 1936, was also included as project No. 13 in the re• port dated November 9, 193G, as viewed and determined by the Coun- cil; rho second building and sheds (December 3, 1936), at 425 Kaufman Ave., were listed as poject No. 16 as of November 9th. Decisions on both projects, 13 and 16, were made by the Council that said propea Ties were to be referred to the' con- demnation committee. Now the request from the com- panies owning both of these projects is outlined in Mr. Barte•1's letter as to non-condemnation and a pledge to repair,, improve and remove cer• rain bad conditions. Respectfully submitted, R, M. EVANS, City Manager. Councilman Bennett moved that the recommendation of City Manag• er Evans be approved and that no further action be taken on these matters. Seconded by Councilman Schiltz• Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Schiltz. Nays-None. Absent-Councilman Kane. December 5, 1936• To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the meeting of the City Council held November 30th the writer was instructed to investi• gate and report on the conditions in past years in regard to the sprinkler alarm system. A letter was received from Buettell Bros. Company, dated November 18th, requesting that they be permitted to install and have operated a sprinkler alarm system at the Fire Station at 9th and Iowa Streets. They agreed that the City of Dubuque should assume' no re- sponsibility in case our firemen were out of the fire station or the bell system did not operate. As per the instructions to investigatE the prior actions of the Council, please be ad• vised as follows; On October 17, 1932, a previous petition was also filed by the Buet• tell Bros. Company requesting per- mission to connect and operate an alarm system at the same fire sta- tion. This appeal was not granted at this date but investigation was authorized. On February 6th a mo- tion was passed by the City Council that the City of Dubuque shall dis- continue the sprinkling alarm system at the 9th St, Fire House• by July 1, 1933, and that immediately a release be secured from the present owners of these sprinkling alarm bells to eliminate any liability on the part of the City of Dubuque. Accordingly, in the months of February and March of 1933 a waiver and release of liability on the part of the City of Dubuque was signed and filed by the following property awnErs: Security Building Co., 8th and Main Streets. Midwest-Timmermann Cc., Iowa be- tween 7th and 8th Streets. Merchants Supply Co., 7th and Iowa Streets. Catholic Printing Co., 6th and Iowa Streets. Myers•Cox Co•, 4th and Iowa Streets. Rider-Wallis Co., 4th and Locust Streets. Tri-State Motor Co., 7th and Iowa Streets. These signed releases as to liabil• ity were submitted to the City Coun- cil by the writer on March 29, 1933. However, there had been instruc- tions to me after these releases had bean signed to eliminate the follow• ing words in the release: "which service is to bu discontinued on and after July 1, 1933:' This particular provision wag eliminated in each oY the separate releases. There was filed on the same date Session, December 7th, 1936 311 with the City Council information received from the A. D. T. Company who objected to the City offering free service to any companies that had beev served by their company Again in the Council records of June 12, 1933, an extension of rho presrut sprinkler alarm system at the 9th Street Station was made to January 1, 1934. Later it was the determination of the Council that the agreement, which had been made many years prior to this timE with the individuals who had purchased and installed their own sprinkling alarm systems, that they could still continue after January 1, 1934, on the basis that they had filed an agreement releasing the City of Du• buque• from any liability whatsoever and that no costs would be assumed by the City In 1933, as previously mentioned, there were seven separate companies having alarm systems in the 9th Street Station. Six of the seven companies had but one bell each, while the Security Building Com- pany had, and still has, three sep- arate bells. Approximately one year from March, 1933, the Tri-State Mo• for Co. discontinued this alarm ser- vice and removed their equipment from the 9th Street Station• The later instructions in 1934 by the Council were that no other building owners could be authorized t, in- stall an alarm system without the approval of the City Council: At the utmost, there is no possibility of providing far more than three. new separate bell systems at this station. Accordingly, the appeal from Buet- tell Bros• Company is up to the de- cision of the City Council. If this be granted, Buettell Bras. Company should sign a similar waiver and release of liability on behalf of the City of Dubuque. They should agree, as the others have, to test their bells at least once every 24 hours and to cooperate with the Fire Department in keeping their full equipment in proper condition. Respectfully submitted, R• M. EVANS, City Manager. Councilman Chalmers moved that the recommendation of City Manager Evans be approved and that the r~ quest of Buettell Bras. Company be denied. Seconded by Councilman Schiltz. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Schiltz, Nays-None. Absent-Councilman Kane. Resolution No. 139-36 Whereas, applications for Class "B" Beer Permits have been sub- mitred to this Council for approval and the same have been examined: Now, therefore, Be it resolved by the Council of the City of Dubuque bhat thty fol- lowing applications be and the same are hereby approved and it is ordered that the premises to .be occupied by such applicants shal]• be forthwith inspected: CLASS "B" PERMIT Fred J. Saengling, 2417 Rhomberg Avenue. Ruben J. Weber, 998 Central Avenue, Passed, adopted and approved this 7th day of December, 1936. F. M. JAEGER, • Mayor. JOHN K. CHALMERS, PETER SCHILTZ, ARTHUR M• BENNETT, Councilmen Attest: J. J, SHE'A, City Clerk. Councilman Bennett moved the adoption of the resolution. Second- ed uy Councilman Schiltz. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Schiltz, Nays-NOne. Absent-Councilman Ifane. Resolution No. 140-36 Whereas, heretofore applications were filed by the within named ap- plicants for Class "B" Beer Permits and they received the approval of this Council; and Whereas, .the premises to be oc- cupied by them have been inspected and found to comply with thr? ordin- ances 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• alter be and he is hereby directed to issue to the following named per• sons a Beer Pormit. GLASS "B" PERMIT Fred J. Saengling, 2417 Rhomberg Avenue. Ruben J. Weber,. 998 Contra] Avenue. Harold A. Cagey, 1097 Jackson Street. Be it further resolved that the bonds filed by such applicants be ~.nd the same are hereby approved. Passed, adopted and approved this 7th day of December, 1936. F. M. JAEGER, Mayor. JOHN K. CHALMERS, PFdPER SCHILTZ, ARTHUR M. BENNETT, Councilmen. Attest: J• J, SHEA, City Clerk. 312 Regular ,Session, December 7th, 1936 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. 141-36 A resolution approving the plat of "M. Walter's Addition," a subdivision in the City of Dubuque, Iowa, Whereas, a plat of a subdivision in the City of Dubuque, Iowa, desig- noted "M. Walter's Addition" has been submitted to the City Council of the City of Dubuque for approval; and Whereas, said plat has received the approval of the Planning and Zoning Commission of said City; and Whereas, said plat has been ex- amined by this Council and found to conform to all requirements re- garding the division of the lands into blocks and the dedication of streets and alleys shown thereon and in all other respects, and it is deemed ad- visable to approve the same: Now, therefore, Be it resolved by the City Coun- cil of the City of Dubuque that the plat of "M. Walter's Addition;' a subdivision in the' City of Dubuque, Iowa,. be, and the same is hereby approved. Be it further resolved that a copy of this resolution be certified to by the Mayor and Clerk and afftxed to said plat, Passed, adopted and approved this 7th day of December, 1936. F. M. JAEGER, Mayor. JOHN K. CHALMERS, PETER SCHILTZ, ARTHUR M. BENNETT, Councilmen. Attest: J. J, SHEA, City Clerk. CERTIFICATE OF MAYOR AND CLERK OF THE CITY OF DUBUQUE State of Iowa I ss. Dubuque County The undersigned mayor and clerk, respectively, of the City of Dubuque, Iowa, hereby certify that the forego- ing instrument is a true and correct copy of a resolution approving the plat of "M. Walter's Addition," a subdivision in the City of Dubuque, Iowa, passed, adopted and approved by the City Council of said city on the 7th day of December, 1936. F, M, JAEGER, Mayor. J, J. SHEA, Clerk. (Seal) Councilman Chalmers moved the adoption of the resolution, Seconded by Councilman Schiltz, Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennet, Chalmers,. Schiltz. Nays-None. Absent-Councilman Kane. Ordinance No. 14-36. An ordin- ance vacating Clara Street; Augusta Street; that part of Peabody Street beginning at the west line of Au- gusta Street and extending to the east line of Lot 2 of 1 of Out Lot 731; and the alley platted in Agnes Langworthy's Sub, and lying be- tween Peabody and Clara Streets; and granting and conveying all right, title and interest of the City of Du- buque in and to said vacated streets and alley to St. Joseph Mercy Hos- pital of Dubuque, Iowa, presented 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 Jaeger, Councilmen Bennett, Chalmers, Schiltz, Nays-None. Absent-Councilman Kane. Councilman Chalmers moved to suspend the rules requiring an or- dinance to be read on three separate days. Seconded by Councilman Schiltz. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Schiltz. Nays-None. Absent-Councilman Kane. 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: Peas-Mayor Jaeger, Councilmen Sennett, Chalmers, Schiltz. Nays-None. Absent-Councilman Kane. Verbal report of City Solicitor Czizek recommending that Loretta A. Harris be granted permission to pay the delinquent special assess- ments levied against the East r/z and the West 1/z of Lot 8, Sub. 4 of C. A, Voelker's Add, by the paying of the principal plus advertising costs, the balance of penalties and interest to be waived, and that a warrant in the amount of $28.48 be drawn in favor of the City Treasurer on the Consolidated Fund in favor of Fund No. 929 to take care of the amount of interest charge waived, presented. Councilman Bennett moved that the recommendation of City Solicitor Czizek be approved and that a war• rant in the amount of $28.48 be ular Session, December 7th, 1936 313 drawn in favor of the City Treasurer on the Consolidated Fund in favor of Fund No. 929 to take taro of the amount of interest charge waived, Seconded by Councilman Schiltz Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Schiltz, Nays-None. Absent-Councilman I{one, The following decisions of the Gity Council relative to various tax peti- tions requesting cancellation and suspension of taxes presented for Council approval: Mrs, Gertrude Waldorf requesting suspension of the 1935 taxes on Lot 18 of L. H. Langworthy's Addition, request granted; Mrs. Mary Nic]cs requesting suspension of the 1935 taxes on the South 10 feet of East ~Z of Lot 40 and the north 10 feet of north 55.9 feet of east ~ of Lot 41 of L. H. Langworthy's Addition, request granted; Helen L. Elfmann requesting suspension of the 1935 taxes on the north 13 ft. 7 in. of City Lot 159 and all of City Lot 160, re- quest denied; John Sparks request- ing suspension of the last half of the-1935 taxes on Lot 6 Sub. of Lot 1, the north 33 feet of Lot 8 Sub, of Lot 1, the north 33 feet of Lot 7 Sub. of Lot 1 and the east 9 feet of nm'th 33 feet of Lot 9 Sub. of Lot 1., all in Randall's Subdivision, re• quest granted; Columbia College re- questing cancellation of the 1935 taxes on City Lot 186, owned by J. J. Nagle, request granted; Eder Robe Tanning Company requesting suspension of the 1935 taxes on City Lot 540, request granted; Byrne Bros. Company requesting suspen• sion of the 1935 taxes on City Lots 207 and 208, request granted. Councilman Chalmers moved that the decisions of the City Council on the various tax petitions be ap- proved and the Board of Supervis- ors to be notified of the action of the City Council. Seconded by Coun- cilman Schiltz. Carried by the fol- lowing vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Schiltz. Nays-None, Absent-Councilman Kane. Councilman Bennett excused and left Council Chamber at 9:25 P. M. Mr. John I{orper, Secretary of the Dock Commission, addressed the Council in regard to either the City of Dubuque purchasing a dredge or the building of a new dredge. There being no further business, Councilman Schiltz moved to ad- journ. Seconded by Councilman Chalmers. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Chalmers and Schiltz. Nays-None. Absent-Councilmen Bennett and I{one, J. J, SHEA, City Clerk. Approved ......................................1937. Adopted ........................................1937. Councilmen Attest: City Clerk. 314 Sllecial Session, December 21st, 1936 CITY COUNCIL Special Session, December 21st, 1936. ' Council met at 4:50 P. M. Present.- Mayor Jaeger, Council- men Bennett, Chalmers, Kane, Schiltz, City Manager Evans. Meeting called by order of Coun- cilmen Kane and Schiltz. Mayor Jaeger read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of consider ing petitions requesting cancellation and suspension of taxes and acting on any other business as may pro• perly come before a regular meeting of the City Council. Notice of Claim of Elizabeth Lange ill the amount of $1,000.00 for injuries received in falling by step- ping into and upon a broken portion of the curb at the alley crossing on the north side of Twentysecond Street between Jackson and Wash- ington Streets and south of Lot 55 in L. H. Langworthy's Addition, pre• sented and read. Councilman Schiltz moved to refer the Notice of Claim to the City So- licitor. Seconded by Councilman Bennett. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. Original Notice of Suit of Rachel Atkinson, Plaintiff, versus City of Dubuque, Defendant, in the amount of $1,000.00 on account of personal injm•ies and damages sustained by her on February 24th, 1936, when she fell on the street crossing at the intersection of Ninth Street and Central Avenue on the south side of said intersection, presented and read. Councilman Bennett moved to re- fer the Original Notice of Suit to the City Solicitor. Seconded by Councilman Schiltz. Carried by the following vote; Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. Communication of J. A. McMahon .submitting bill in the amount of $32.26 for rental charge far the use of Lots 280 and 281 of East Dubuque Addition, the said lots being used by the City of Dubuque for storage of bricks and equipment, the rental charge being based on the 1935 tax- es, presented and read. Councilman Kane moved that a warrant in the amount of $32.26 be ordered drawn on the City Treas- urer in favor of J. A. McMahon to cover rental charge for the use of said Lots 280 and 281 in East Du- buque Addition and that said amount of $32.26 to be applied on the payment of the 1935 taxes on said Lots 280 and 281 in East Du- buque Addition. Seconded by Coun- cilman Bennett. Carried by the fol• lowing vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. Communication of J. Vincent Pyle, State Fire Marshal, requesting Fire Chief Ryan to contact our local State Representatives and State Sen- ator and ask them to work for the passage of a state law prohibiting fireworks, presented and read. Councilman Bennett moved to re- fer the communication to the City Council. Seconded by Councilman Schiltz. Carried by the following vote; Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. Communication of Midland Chem- ical Laboratories, Inc., requesting that an inspection be made of the Ernsdorf Building located at Jones and Main Streets as said building in its present condition is a fire hazard, presented and read. Councilman Kane moved to refer the communication to the Building Commissioner for investigation and report. Seconded by Councilman Chalmers. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. Communication of 0. A. Reynolds, Secretary, Dubuque Chamber of Commerce, advising the City Coun- cil that a number of complaints have been received from retail merchants on account of the condition of the streets in the business district after snow-storms and asking that a plan be put in operation whereby snow and slush will be removed from the streets immediately after each snow- storm, presented and read. Councilman I{nne moved to refer the communication to the City Man• alter for investigation. Seconded by Councilman Schiltz. Carried by the following vote: Yeas-Mayor Jaeger, Coulcilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. Petition of William V. (:ill re• questing a refund in the amount of $100.96 for penalties paid on the payment of delinquent special as• easements leried for the improve• went of West 17th Street and (:lark Street, presented and read. Councilman Chalmers moved to refer the petition to the City Man• Special Session, December 21st, 1936 315 agar fol• investigation Arid report. Seconded by Councilman 13enuett. Carried by the following vote: Yeas-Mayor Jaeger, Councilnen Bennett, Chalmers, Kane, Schiltz. Nays-None. Petition of William V. Gi]] request- ing that the City Treasurer be in• strutted to accept the amount of $178.33 as full payment of the tax Sale certificate held by the City of Dubuque against Lots 6 and 7 of the Sub. of Out Lot 682, presented and read. Councilman Kane moved that the City Treasurer be authorized to sur- render the tax sale certificate held by the City of Dubuque against Lots 6 and 7 of Out Lot 682 to William V. Gill upon the payment of the face Value of the certificate,, plus 5% in- terest per annum, the balance of penalties and interest to be waived. Seconded by Councihnaa Chalmers. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. - Petition of Peter Haupert, referred to the City Council by the Board of Supervisors, requesting suspension of the 1935 taxes on Lots 3, 4 and 5 in Baseman's & Eberl's Sub., pre- sented and read. Councilman Schiltz moved to refer the petition to the City Solicitor for investigation and report. Seconded by Conncilnlan Br-nnett. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. Petition df Maude McLaughlin, re- ferred to the City Council by the Board of Supervisors, requesting ex• emption of tho 1935 taxes on the south ~z of Lot 314 of East Dubuque Addition, presented and read. Councilman Schiltz moved to re- fer the petition to the City Solicitor for investigation and report. Sec- onded by Councilman Bennett. Car rigid by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. Petition of Agnes Specht, referred to the City Council by the Board of Supervisors, requesting suspen- sion of the 1935 taxes on Lot 18 of Smedley's Sub., presented and read. Councilman Schiltz moved to refer the petition to the City Solic- itor for investigation and report. •Seconded by Councilman Bennett. 'Carried by 'the following vote; Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. Petition of Frank Seeley, referred to the City Council by the Br;ard of Supervisors, requesting suspen- sion of the 1935 taxes on Lots 11 and 12, Block 5, Grandviely Park Addition, presented and read. Councilman Schiltz moved to re• far the petition to the City Solicitor for investigation and report. Sec- onded by Ceuncihnan Bennett. Car• rigid by the following vote; Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Scl!iltz. Nays-NonE. Ordinance No, 14-36 An ordinance vacating Clara Steet; Augusta Street; that part of Peabody Street beginning at the west line of Augusta Street and extending to the east line of Lot 2 of 1 of Out Lot 731; and the alley as platted in Agnes Langworthy's Sub. and lying between Peabody and Clara Streets; and granting and con- veying all right, title and interest of the City of Dubuque in and to said vacated streets and alley to St. Joseph Mercy Hospital of Du- buque,, Iowa, said ordinance hrwing been passed upon first and second readings on December 7th, ]936, pre• sented and read a third time. ORDINANCE N0. 14-36 An ordinance vacating Clara Street; Augusta Streat, that part of Peabody Street beginning at the west line of Augusta Street and extending to the east line of Lot 2 of 1 of Out Lot 731; and the alley as platted in Agnes Langworthy's Sub and lying between Peabody and Clara Sheets; and grant- ing and conveying all right, title and interest of the City of Dubuque in and to said .vacated streets and alley to St. Joseph Mercy Hospital of Dubuque, Iowa. WHEREAS, St. Joseph Mercy Hos- pital of Dubuque, Iowa, has .petitioned the Council of the City of Dubuque to vacate Clara Street, Augusta Street, that part of Peabody Street beginning at the west line of Augusta Street and extending_ to the east line of Lot 2 of 1 of Out Lot 731, and the alley as platted in Agnes Langworthy's Sub and lying betrveen Peabody Street and Clara Street; .and WHEREAS, said petition was re- ferred by said Council to the Planning and Zoning Commission of said city for its recommendtion thereon; and WHEREAS, the said commission has recommended the approval oP said pe- tition and, thereupon, said petition was approved by said Council; and WHEREAS said St. Joseph Mercy Hospital of Dubuque holds title to all of the ]ands abutting and adjacent to sold streets and alley: and WHEREAS, permanent and valuable improvements were constructed upon Augusta Street, Clara Street and a part of Peabody Street and upon the alley herein described by said St. Joseph Mercy Hospital of Dubuque, Iowa, and have been maintained there- on for many years; and WHEREAS, Peabody Street from the west line of -Augusta Street to the east line of Lot 2 of 1 of Out Lot 731, al- though platted, as a public street, has not boen open or used 'as such and, Vvill not be used or needed for a public street in the future; and WHEREAS, said St. Joseph Mercy 316 Special ,Session, Deoember 21st, 1936 Hospital oP Dubuque, Iowa, is the owner of Lot 2 of of Mineral Lot 66 and in which a private sewer is lo- toted and is being maintained by said owner; and WHEREAS, it is deemed advisable by this Council to grant and convey to said St. Joseph Mercy Hospital of Du- buque, Iowa, all the right, title and in- terest of the City of Dubuque in and to the streets and alley hereby vacated upon the express consideration that said St. Joseph Mercy Hospital of Du- buque, Iowa, shall, by proper deed of conveyance, convey' to said City of Du- buque the southerly 100' of Lot 2 of 2 of Mineral Lot 66, except an easement therein for the private sewer aUove referred to: NOW, THEREFORE, Be it ordained by the City Council of the City of DuUUque: PARAGRAPH 590 Section 1. That Clara Street, Augusta Street and that part of Peabody Street begin- ning at the west line oY Augusta Street and ending at the east line of Lot 2 of 1 of Out Lot 731, and the alley as plat- ted in Agnes Langworthy's Sub and ly- ing between Peabody and Clara Streets be, and the same are hereby vacated. PARAGRAPH 591 Section 2. That, in consideration of the execu- tion and delivery of a proper deed of conveyance by said St. Joseph Mercy Hospital of Dubuque to said City of Dubuque of the southerly 100' of Lot 2 of 2 of Mineral Lot 66, except an easement over and across the same for a private sewer now located therein, said City of Dubuque does hereby grant and convey all of its right, title and interest in and to said vacated streets and alley to said St. JosepU blercy Hospital of Dubuque, Iowa. PARAGRAPH 592 Section 3. That, after this ordinance has Ueen duly passed, adopted approved and published the clerk of said city shall cause a certified copy thereof to be filed for record with the Recorder of Dubuque County, Iowa. PARAGRAPH 593 Section 4. This ordinance shall be in farce and effect ten (10) days from and after its ~, final passage, adoption and approval Uy the City Council and publication as provided by law. Passed, upon first and second read- ings, this 7th day of December, 1936. Passed, adapted and approved upon final reading this 21st. day of Decem- Uer, 1936. F. M. Jaeger, Mayor. Sohn K. Chalmers, M. R. Kane, Peter Schiltz, A. M. Bennett, COUNCILMEN. ATTEST; J. J. Shea, City Clerk. Published officially in The Tele- graph-Herold newspaper, December 23rd., 1936. J. J. Shea, City Clerk. Councilman Kane moved the ad- option of the ordinance. Seconded by Councilman Bennett. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Sennett, Chalmers, Kane, Schiltz. Nays-Nona. Dead for Park Purposes of St, Jo• saph Mercy Hospital of Dubuque, Iowa, conveying to the City of Du- buque the southerly 100 feet of Lot 2 of 2 of Mineral Lot 66, except easement for private sewer, in the City of Dubuque, Iowa, solely for public park purposes forever and without the right to quarry rock therefrom, presented. Councilman Bennett moved that the Deed be accepted and ordered recorded with the County Recorder, Seconded by Councilman Schiltz. Carried by the following vote: Yeas-Mayor Jaeger, Councilman Bennett, Chalmers, Kane, Schiltz. Nays-None. Proof of publication, certified to by the publishers, of the list of claims for which warrants were drawn dut'ing the month of Novem- ber, 1936, presented and read• Councilman Bennett moved to re• carve and file the proof of publica- tion. Seconded by Councilman Schiltz. Carried by the following Yale': Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. Council Proceedings for the month of October, 1936, presented for ap- proval. Councilman Chalmers movs~d that the Council Proceedings for the month of October, 1936, be approved as printad, Seconded by Councilman Schiltz. Carried by the following vote: Yeas-Mayor Jagger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. Report of the Board of Health for the month of November, 1936, pre- sented. Councilman Schiltz moved that report of the Board of Health for the month of November, 1936, be re• ceived and placed on file. Second• ed by Councilman Chalmers. Car- ried by the following vote: Yeas--Mayor Jaeger, Councilmen Bennett, Chalmers, Kane,. Scliltz. Nays-None. Communication of C. F. Bartels, Building Cornmissionar, requesting advice from the City Council on what action to take relative to the danger- ous condition of the riser pipe and water tower located at tie Dubuque Altar Works, presented and read. Councilman Chalmers moved to re- fer the communication to the Ci!y Solicitor. Ssconded by Councilman Bennett. Carried by the folicwing vote: Yeas-Mayor Jaeger, "ouncilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. Communication of C. F. Bartels, Building Commissioner, suggesting that the condition of the south wall of the two story bric]t building lo- cated at the northwest corner of Third and Main Streets, owned by I. and M. J. Ryder, be investigated Special Session, Deoember 21st, 1936 317 and viewed by a condemnation Com- mittee to pass on the safety of this wall, presented and read, Councilman Chalmers moved to re• fer the communication to the City Manager. Seconded by Councilman Schiltz. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers,, Kane, Schiltz. Nays-None. December 10,1936. Honorable Mayor and City Council, Dubuque, Icwa. Gentlemen: At a meeting of the Playground and Recreation Commis• sion Tuesday evening, December 8, the resignation of Mr, Henry Baum- gartner was presented. The commis- sion feels it is the duty of the City Council, not the Recreation Com- mission, to accept this resignation. It has been moved and seconded that this resignation be referred to the City Council, and it is the desire of the Commission that the City Council accept this resignation. It is also the recommendation of the Play- ground and Recreation Commission that Mr. Charles Kretschmer of the I{retschmer-Tredway Company be ap• pointed as his successor. Respectfully submitted, LEO T. GREGORY, Chairman Playground and Recreation Commission. Councilman Kane moved that the resignation of Mr. Henry Baumgart- ner as a member of the Playground and Recreation Commission i;e ac- cepted. Seconded by Councilman Schiltz, Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. Councilman Kane moved that Mr. Charles Kretschmer be appointed as a member of the Playground and Recreation Commission to fill the va- cancy caused by the resignation of Mr. Henry Baumgartner, said term to expire July 10th, 1937. Seconded by Councilman Chalmers. Carried by the following vote: Yeas-Mayor Jaeger, Coan~ilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. December 12, 1936. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have approved the following policies and desire to have your ap- proval on sama for filing: EXCAVATION Franlt G, Braconier, 1091 Julien Avenue-.Policy No. YE 3307, London Guarantee & Accident Co. SIGNS Wm. Schaffhauser (St. George Ho- tel), 576 Central Avenue-Policy No, OLT 1095, Indemnity Ins. Co. of North America. De Maio Bros., 656 Main Streat- Policy No, ILO 55622, Great Ameri- can Indemnity Co. Lillian Luckert and Nora James (Orange Bowl), 1078 Main Street- Policy No, OLT 5353, Firemen's Fund Indemnity Co. Crescent Sweet Shop, 1048 Main Street-Policy No. 14276, Employers Mutual Casualty Co. Mathc-1' Chevrolet Co., 6th and Iowa Street-Policy No. OPW 273, Central Surety & Insurance Corp. Karl J, Page and Emily Page (Page Hotel Co.), 75 West 4th Street-Policy No. GPL 107736, Mas- sachusetts Bonding & Ins. Co. Hartig Drug Company, Inc., signs at following locations: 2510 Central Avenue, 97 Locust Street Policy No. ICT 522, The Fidelity & Casualty Co. George• C. Rath & Sons, Inc., 1203- 7 L"entral Avenue-Policy GIr8243, Utilities Insurance Co. Firestone Service Stares, Inc., N• ' E. Cor. 7th and , Sluff Streets-Pol• icy No. LAG 5081, General Casualty Co. of America. Taylor-Yonkers Company, 4th and Iowa Streets-Policy No. I. C• & M. 1746427, Continental Casualty Co. Mid-Continent Petroleum Corpora- tion, signs at following locations: S. E. Cor. 2nd and Locust Streets, S. E: Cor, Julien Ave. and Nevada Street, 1865 Central Avenue,, 32nd and Central Avenue-Policy No. OLT 5276, Firemen's Fund Indemnity Co. Louis Rotman (Dub. Auto Exch. and Salvage Co.), 301 Icwa Street- Hoosier Casualty Company. L. R. Patch, signs at following lo• cations: Sand's Tavern, 22nd. and Jackson Streets; Leiser & Kress, 13th and Central Avenue; Tim 0'- Regan, 1046 Julien Avenue; N. F. Steffens, 378 Main Street; Albert Friedman, 332 West 8th Street; Buse's Tavern, 2400 Central Avenue; Vern Oakey, 521 W. 2?,nd Street; Jo- se~ph Machinek, 1399 Jackson Street; Frank Klein, 600 Central Avenue; Uppinghouse & Clar]c, 608 Locust Street; Al. Winders, 1555 Central Avenue; Carl Moes, 698 Central Avenue; Geo. Miller,, 35 W. 4th Street; D, McDonald, 216 W 1st Street; Michael J. Graff, 2364 Wash- ington Street; Frank Wilberding, 198 Main Street; Page Hotel, 75 E, 4th Street; Eugene G. Zumhof, 18th and Central Avenue; A. Eisseneger, 1101 Iowa Street-Policy No. 20GL• 1215, The Aetna Casualty & Surety Co. Black and White Cab Company, 318 Special Session, D'eoeinber 21st, 1'936 876 Locust Street-Policy No. C. L. I. 2529, 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 Bennett. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. December 8, 1936. To the Honorable Mayor and City Council, Dubuque,. Iowa. Gentlemen: In connection with the approval by the City Council and Planning and Zoning Commission of Dubuque in regard to the location and number of lots to be purchased by the local Water Department for the definite site of the Elevated Wat• er Tank at West Third Street and College Avenue, the final decision was that the tank foundation should be on Lots 23, 24 and 25 of Finley Horne Addition. It vas also deter- mined that Lots 22 and 21, east of the tank foundation, should be pur- chased for protectin to the tank, and, if possible, to make a small park area at this location. Actual costs of the purchase of four of these five lots, to date, in- clude: Lot 25 (farthest west) ...... .......$600.00 Lot 24 .............................................. 750.OD Lot 23 .............................................. 600.00 Lot 22 .............................................. 800.00 The one lot that has not yet been purchased is Lot 21. This area is at the northwest corner of College Avenue and West Third Street and Lot 21 extends along the west side of College Avenue. The owner is Mrs. Ella Wimmer, rvho lives at 428 State Street, Lockpm•t, Blinois. Information was submitted to the City Council on June 2nd, 1930, by a letter from Mrs. Wimmer request ing that the City purchase this hot 21 for $1,750.00. The owner further stated that now her lot was made worthless by the erection, partly on only one lot west of her lot, of the large Watei• Tower. Again,, at the Council ntr eting of December 7th, 193G, 1VIrc. 1~11a V~~im- mer personally discussed this ques- tion with the Councilmen sad she then filed a second letter offering to se]•1 her Lot 21 for $1,200.00. The City Manager was instructed to investigate special assessments on these five lots, to calculate sep• orate areas of the same lots -and make a report on the conditions. Lob 21 Paving Weat 3rd Street........... .$212.16 Paving College Ave ............... ..*458.57 Reduction to ............................ .. 226.10 College Ave. Sidewalk ............ .. 103.72 Gas Connections ...................... .. 14.55 Total Assessment Princi- pals, as Adjusted .............. ..$656.53 Lot 22• Paving West 3rd Street........ ..$189.21 Paving College Ave ................. .. 143.77 Gas Connections ...................... .. 8.55 Total Assesment Princi- pals, as Adjusted .............. ..$341.53 Lot 23 Paving West 3rd Street........ ..$189.21 Paving College Ave . ................ .. 76.60 Gas Connections ...................... .. 8.55 Total Assessment Princi- pals, as Adjusted .............. :.$274.36 Lot 24 Paving West 3t•d Street.......... ..$189.21 Paving College Ave ................. .. 36.39 Gas Connections ...................... .. 8.55 Total Assesment Princi- pals, as Adjusted ............ ..$234.15 Lat 25 Paving West 3rd Streek........ ..$18921 Paving College Ave ................. .. 21.78 Gas Connections ...................... .. 8.65 Total Assessment Princi- pals, as Adjusted .............. ..$219.64 This shows that Lot 21 was as- sessed to a greater amou nt than Lott 22 by $215.00. Lots 22, 23, 24 and 25 are each 50 ft, wide by 120 ft, deep, including separate lot areas of 6,000 sq. ft. each. Lot 21 is 50 feet wide at West Third Street and 62 feet wide at the alley 120 feet north of West Third Street. The area of Lot 21 is approximately 6,720 sq, ft., or 12% larger than the other four lots, including Lots 22, 23,, 24 an d 25. On the basis of the actual recent payment for Lot 22, which cost $800:00, the following condit ions are apparent for Lot 21: Size of Lot 21-112% of Lot 22 at $800.00 ........................ $ 896.00 Extra Special Assessment to Lot 21, in excess of Lot 22 ............................................ 216.00 Net Comparative Value of Lot 21 on Basis of Lot 22 ........................................ $1,111.00 This outline was discussed with Mrs. Wimmer today. She said that even though special assessments and the size of her lot were figured, that the taxes for years, on her lot, had been greater than the lots west of Lot 21. Ou"r present record of as- sessed valuation include Lot 21 at $320.00 and Lots 22, 23, 24 and 25 Session, December 21st, 1936 319 at $260.00 each. Lot 21 ie now taxed on the basis of 23% more than the four lots west thereof. In conclusion, Mrs. Ella Wimmer finally agreed to reduce her last off- er for the sale of Lot 21 from $1,200.00 to $1,150.00. She will have prepared a proper deed and abstract and she desires the approval of this purchase within two weeks. Respectfully submitted, R. M. EVANS, City Manager. Councilman Kane moved that up- on approval of deed and abstract that the offer of Mrs. Ella Wimmer be accepted for the sale of Lot 21 of Finley Home Addition to the City Water Department far the amount of $1,150.00. Seconded by Council- man Schiltz. Carried by the follow- ing vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. Resolution No. 142-36. RESOLUTION revising latest ap• proved estimate to conform. with the final determined cost as ~ dis• closed by final audit. Whereas, the final audit of P. W. A. Docket Ia.-1075-R, Paving and Sewers, Dubuque, Iowa, has been completed and the amounts set forth in' the latest approved estimate must be revised to conform with the• final costs as disclosed by said au- dit: Now, Therefore, Be It Resolved that the following are the various items included in the latest approved estimate and the amounts conform with the final audit and are hereby approved. 1. Preliminary Expense ....$ 214.71 2. Lands: Right-of-Way, etc. .......... 3. Construction .................... 23,197.87 4. Engineering .................... 1,253.86 5. Legal .................................. .......... 6. Interest during construc- tion .................................... ........:. 7. Miscellaneous .................. .......... Total ....................................$24,666.44 Passed, adopted and approved this 21st day of December, 1936. F, M. JAEGER, -Mayor. JOHN K, CHALMERS, M. R. KANE, PETER SCHILTZ, A. M. BENNETT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Schiltz moved the adoption of the resolution. Seconded by Councilman Bennett. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. Resolution No. 143-36, 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 Clty of Dubuque that the follow- ing application be and the same is hereby aAProved, and it is ordered that the premises to be occupied by such applicant shall be forthwith inspected: CLASS "B" PERMIT Name. Addres8. Peter J. Kress, 414 Central Avenue. Passed, adopted and approved this 21st day of December, 1936. F. M. JAEGER, Mayor. JOHN K. CHALMERS, M. R. KANE, PETER SCHILTZ, A. M. BENNETT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kane moved the adop- tion of the resolution. Seconded by Councilman Bennett. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. Resolution No. 144-36 Whereas, heretofore applications were: Sled by the within named ap- plicants for Class "B" Beer Permits and they received the approval of this Council; and Whereas, the premises to b'e oc- cupied by them have been inspected and found to comply with the ordin• antes of this Gity and they have filed a proper bond: Naw, There- fore, Be Tt Resolved by the City Coun• cil of the City of Dubuque that the Manager be and he is hereby direct- ed to issue to the following named persona a Beer Permit. CLASS "B" PERMIT Name. Address. Joseph Costa (Transfer of address from 2408 Control Avenue), 1236 Iowa Street. Peter J. Kress (New)-414 Cen- tral Avenue. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. 320 Special Session, December 21st, 1936 Passed,~adopted and approved this 21st day of December, 1936. F. M. JAEGER, Mayor. JOHN K. CHALMERS, M. R. KANE, PETER SCHILTZ, A. M. BENNETT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Bennett moved the adoption of the resolution. Second- ed by Councilman Schiltz. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. Resolution No. 145-36 Be It Resolved by the City Coun- cil of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on be• half of said City: Name. Address. Joseph Costa, 1236 Iowa Street. Daniel McDonald, 216 West First Street. Be It Further Resolved that the bond filed with the application be approved. Passed, adopted and approved this 21st day of December, 1936. F. M. JAEGER, Mayor. JOHN K. CHALMERS, M. R. KANE, PETER SCHILTZ, A. M. BENNETT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Schiltz moved the adoption of the resolution. Second- ed by Councilman Bennett. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. The following decisions of the City Council relative to various tax peti- tions requesting exemption and sus- pension of taxes presented for Coun- cil approval: Frank Kressig request- ing suspension of the 1935 taxes on Lots 74, 76 and 76 of Pleasant View Addition, request granted; Clem Manders requesting suspensicn of the 1933, 1934 and 1935 taxes, re- quest denied; Harry J. Schroeder re- questing cancellation of the 1935 taxes on Lot 406 of Ham's Addition, request for cancellation denied, but a suspension of said taxes granted; Frank Seeley requesting suspension of the 1935 taxes on Lots 11 and 12 of Block 5 of Crrandview Park Addi- tion, request granted; Maude Mc- Laughlin requesting exemption of the 1935 taxes on the south ~ of Lot 314 of East Dubuque Addition, request for exemption denied, but a suspension of said taxes granted; Peter Haupert requesting suspension of the 1935 taxes on Lots 3, 4 and 5 of Buseman & Eberl's Sub., re• quest granted; Agnes Specht re- questing suspension of the 1935 tax- es on Lot 18 of Smedley's Sub., re- quest granted; Anthony Noel re• questing suspension of the 1935 tax- es on Lot 6 and the east 19 feet of Lat 7 in Hodges' Sub., request granted. Councilman Chalmers moved that the decisions of the City Council on the various tax petitions be ap- proved and that the Board of Super• visors be notified of the action o4 the City Council. Seconded by Coun- cilman Bennett. Carried by the fol- lowing vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. There being no further business, Councilman Kane moved to adjourn. Seconded by Councilman Schiltz. Carried by the following vote: Yeas-Mayor .Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. J. J. SHEA, City Clerlr. Approved ......................................1937. Adopted ........................................1937, Councilmen j ........................................ Attest : .................................................. City Clerk. Special Session, December 28th, 1936 321 C ITY C O U N C I L APProved ....................................1937. Adopted ........................................1937. (Official.) Special Session, December 28th, 1936. Council met at 8:30 P. M. Present-Mayor Jaeger, Council- men Bennett, Kane, Schiltz, City Manager Evans. Absent-Councilman Chalmers. Councilman Kane moved that City Manager R. M. Evans be appointed Clerk Pro Tem of the meeting. Sec- onded by Councilman Bennett. Car- ried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Kane, Schiltz. Nays-None. Absent-Councilman Chalmers. The following decisions of the City Council relative to various tax petitions requesting suspension of taxes presented for Council approval: Mrs. Barbara LaTour requesting sus- southeast f50 hfeet93of tires southeast 100 feet of Lot 151 of L. H. Lang- warthy's Addition, request granted; Jahn Kerlcenbush requesting suspen- sion of the 1935 taxes on the north 46 feet of Lot 20 of Steiner's•Addi- tion, request granted. Councilman Kane moved that the decisions of the City Council on the various tax petitions ba approved and that the Board of Supervisors be notified of the action of the City Council. Seconded by Councilman Bennett. Carried by the fol]o~ving 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 Bennbtt. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Kane, Schiltz. Nays-None. Absent-Councilman Chalmers. J. J. SHEA, City Clerk. ........................................ Councilmen : ........................................ Attest : .................................................. City Clerk.