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1935 February Council Proceedings24 Special Session, January 30th, 1935 cil of the City of Dubuque that Class "B" Beer Permit No. 122, heretofore issued to George Schlosser, be and the same is herby revoked and the Chief of Police is diretcd to take up such permit forthwith and return the same for cancellation. Passed, adopted and approved this 30th day of January, 1935. M, R, KANE, Mayor, M. B. ANDELFINGER, W. S. ROBERTS, PETER SCHILTZ, F, M. JAEGER, Councilmen. Attest: J. J. SH)A, City Clerk, CoanCilinan Andelfinger move d the adoption of the resolutioti. Sec- onded by Councilman Schiltz. Car- ried by the following vote: Yeas -Mayor Kane, Councilmen Andelfinger, Jaeger, Roberts, Schiltz, Nays-None. Councilman Andelfinger move d that bids be received for the print- ing of the index and the binding of the Council Proceedings far the year 1934, Seconded by Councilman Rob• erts. Carried by the following vote: Yeas -Mayor Kane, Councilmen Andelfinger, Jaeger, Roberts, Schiltz. Nays-None. The following decisions of the City Council relative to various tax petitions requesting suspension of taxes presented for approval: Ger- trude Waldorf requesting suspension of the 1933 taxes on Lot 81, Lang- worthy's Addition, request granted; Catherine Lundbeck requesting sus- pension of the 1933 taxes on Lot 11, Cox's Addition, and Lot 242, Woad- laivn Parlt Addition, request gi^ant- ed; Effie Munger requesting suspen- sion of the 1932 and 1933 taxes on Lots 43 and 44, McDaniel's Parle Hill Addition, request granted; John W. Robinson requesting suspension of the second half of the 1933 taxes on S.E, 61 feet 1 inch of N.W. 71 feet of Lot 151, L. H, Langworthy's Addi• tien, request granted;- Agnes M. Sweeney requesting suspension of the last half of the 1932 and all of the 1933 taxes on Lota 27, 28 and 29, Finley Addition, request denied; Charles Kemps requesting suspen- sion bf the 1933 taxes, also personal, on Lot 1 of Sub. 71 of L, H. Lang- worthy's Addition and Lots 2 and 3 Kemps` Sub., request denied; Adam Zengle requesting suspension of the 19$3-taxes and prior years on Lot 9 of Hodges Sub. ~ No, 2, request de• hied; F. 1~. 1'heiring requesting sus• pension of the seoohd hall: bf 1932 and 'all of 1933 takes on Lots 7 and $, 'C, W. Rodgers Sub, request grant= e$; Fria A, Ruh requesting suspen- sion of the 1932 and 1933 taxes on N, 27 feet of Lot 27, Glendale Addi- tion, request granted; Mary Benda requesting suspension of taxes on S. 3 feet of Lot 431, all of Lot 432 and the N. x/a of Lot 433, East Dubuque Addition, request granted. Councilman Jaeger excused from the Council meeting at 5:00 o'clock P. M. Councilman Andelfinger move d that the decisions of the City Coun- cil on the above mentioned tax peti- tions be approved and the Board of Supervisors to be notified of the ac- tion of the City Council. Seconded by Councilman Roberts, Carried by the fallowing vote: Yeas -Mayor Kane, Councilmen Andelfinger, Roberts, Schiltz. Nays-None. Absent-Councilman Jaeger. Councilman Andelfinger move d that Heiiry Steffen be granted per- mission to pay the two installments on the special assessments levied against Lot 261, Ham's Addition, for the construction of a sanitary sewer by the payment of the principal plus 6% interest, said payment to be made by March 1st, 1935, and that the County Treasurer to be instruct- ed accordingly and also that the County Treasurer be requested to witlihold the advertisement and tax sale on said lot 261, Ham's Addition. Seconded by Councilman Roberts. Carried by the follotVjng vote: xeas - Niayer I{one, Councilmen Andelfinger, Roberts, Schiltz. Nays-None. Absent-Councilman Jaeger. There being no further business, Councilman Andelfinger moved to adjourn Seconded by Councilman Roberts. Carried by the tblio~Ving vote: Yeas - Maym• Kane, Councilmen Andelfinger, Roberts, Schiltz. Nays-None, Absent-Councilman Jaeger. J. J, SHNA, City Clerk. Approved ......................................1935. Adopted ........................................1935. Councilmen: 1 ........................................ Attest : .................................................. City Clerlt. Regular Session, February 4th, 1935 25 CITY COUNCIL (Official.) Regular Session, February 4, 1935. Council met at 7:40 P. M. Present-Mayor Kane, Councilmen Andelfinger, Jaeger, Roberts, Schiltz, City Manager Evans. Mayor Kane stated that this is the regular monthly meeting of the City Council far the purpose of act- ing upon such business as may prop- erly come before the meeting. Proof of publication, certified to by the publishers, of notice of sup• elemental estimate of Grading Fund Taxes, presented and read. Councilman Schiltz moved to re- ceive and file the proof of publica~ tion. Seconded by Councilman Jaeg- er. Carried by the following voto: Yeas-Mayor Kane, Councilmen Andelfinger, Jaeger, Roberts and Schiltz. Nays-None. There being no objections filed Councilman Schiltz moved that the Supplemental Estimate of Grading Fund Taxes as proposed be ap- proved. Seconded by Councilman Jaeger. Carried by the following vote: Yeas-Mayor Kane, Councilmen Andelfinger, Jaeger, Roberts and Schiltz. Nays-None. Petition of H. B. McCarten re- gttesting the exemption of the 1934 taxes or allow him the equivalent on the West 60 feet of Lots 21-22.23 in Bonson R; Stewart's Subdivision as this property is being used by the City as a playground presented and read. Councilman Andelfinger move d that a warrant in the amount of $11.79 be ordered drawn on the City Treasurer against the Recreation Fund in favor of H. B. McCarten, as payment of the 1934 taxes on the West 60 feet of Lots 21.22-23 in Bon• son & Stewart's Subdivision as said property is being used by the City of Dubuque for playground purposes. Seconded by Councilman Roberts. Carried by the following vote: Yeas -Mayor Kaue, Councilmen Andelfinger, Jaeger, Roberts, Schiltz. Nays-None. Communication of C. Coykendall, Administration Engineer, Iowa State Highway Commission, Ames, Iowa, with enclosed copy of Maintenance Agreement between the City of Du- buque and the Stata Highway Com- mission, relative to Project N,R.M. -17, Dubuque County, presented and read. Councilman Schiltz moved that the communication and agreement be made a matter of record. Seo- onded by Councilman Jaeger. Car• vied by the following vote; Yeas -Mayor Kane, Councilmen Andelfinger, Jaeger, Roberts, Schiltz, Nays-None. January 31, 1935. To the Honorable Mayor, City Coun• cil and City Manager, Dubuque, Iowa, Gentlemen: Relative to petition of Lena Merkes, which was referred to me for investigation and report, beg to report that at a tax sale, September 7, 1931, the City of Du- buque purchased the undivided z/a of West 27' of E, 60' of N. 1-5 of Lat 440 in the amount of $73.72 and the City E, 33' of E. 60' of N. 1-5 of 440 in the amount of $88.64. Therefore, there are no unpaid as- sessments for the improvement of Central Avenue against this prop- erty. I also find, upon further investiga- tion, that the ,1932 regular tax of $44.92 and the 1933 regular tax of $76.38 and the regular tax of 1934 of $79.99, together with penalties and advertising, remain unpaid on the records of the County Treasurer. I do not find any street assess- ments against this property for the improvement of 18th Street, except that portion which is assessed for Central Avenue. Very respectfully submitted, OTTO F, PULS, City Treasm'er, Councilman Roberts moved to re- fer the communication of City Treas- urer Puls to the City Manager and for him to notify Lena Merkes that the City is in possession of tax sale certificate held against her property. Seconded by Councilman Andel- finger. Carried by the following vote: Yeas -Mayor Kane, Councilmen Andelfinger, Jaeger, Roberts, Schiltz. Nays-None, January 31, 1935. To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: I am advised today that the request for tax suspension presented to City Council by Miss Rosina Durand and discussed by the City Council on December 13th was denied, I regret exceedingly that this action was taken in the case of this particularly old and deserving lady. Had the writer been familiar with this particular claim, I would have recommended that suspension be granted. Fm' your information, the taxes on Miss Durand's property have been suspended every, year since 1928, with the exception of two years. If possible, I ask that Council re- consider this question as Miss Dur- and is a lady whose tax sale claim 26 Regular Session, hebruary 4th, 1935 was purchased from the Muntz Es- tate by contributions from quite a number of local prominent citizens. Yours very truly, R. M. EVANS, City Manager. Councilman Schiltz moved that when proper petition is presented to the City Council the matter of suspension of Miss Rosina Durand tales will then be taken care of, Seconded by Councilman Andelfin- ger. Carried by the following vote: Peas -Mayor Kane, Councilmen Andelfinger, Jaeger, Roberts, Schiltz, Nays-None. ' Petition of Dubuque Ship' No. 20, Sea Scouts of America, requesting permission tc provide and install waste-paper containers on certain street corners presented and read. Councilman Andelfinger moved to suspend the rules for the purpose of allowing any one present in the Council CVamber, who wishes to do so, to addt•ess the Council. Seconded by Councilman Roberts. Carried by the following vote: Yeas -Mayor Kane, Councilmen Andelfinger, Jaeger, Roberts, Schiltz. Nays-None. NIt•. R. Leman addressed the Coun- cil relative to providing and instal- ling waste-paper containers on cer- taro street corners, Councilman Roberts moved to re• fer the petition to the City Council for further consideration. Seconded by Councilman Schiltz, Carried by the following vote: Yeas -Mayor Kane Councilmen Andelfinger, Jaeger, Roberts, Schiltz. Nays-None. The Dubuque Trades and Labor Congress. Dubuque, Ia., Jan. 7th, 1935, A RESOLUTION for the curtailment of waste in the interest of munic- ipal economy, at the same time eliminating unsafe housing condi- tions. Be it Resolved that we, the mem- bers of the Dubuque Trades sand Labor Congress, do hereby in reg- ular session this day of January, recommend to your Honorable Body, the Council of the City of Dubuque, Iowa the following resolution: Whereas, the City Administration Building now situated on the south side of We~Ct Thirteenth Street be- tween Central Avenue and Iowa Street is of ancient construction, is woefully obsolete and is truly a vi- vid emblem of municipal paralysis, and Whereas, the building situated on the southeast corner of Ninth and Iowa Streets, known as Fire Head- quarters and the Armory Hall, do hereby be vacated by the Fire Fight- ing Companies now occupying said building, because the building is not, nor never has been properly laid out to become iu 'any degree, either in location or facilities, the proper type of construction for housing fire com- panies and apparatus, and Whereas, the said building re- ferred to, i. e., the Administration building and the Fire Headquarters building constitute a financial waste, the cost of repairs and maintenance does of a necessity fat• exceed the efficient convenience necessary to modern changing conditions in, the care of and distribution of progres- sive municipal affairs, and Whereas, rve believe it to be great• ly economical and advantageous to the City to eater into negotiations with the proper authorities for the purpose of securing the property on the northeast corner of Ninth and Locust Streets, formerly occupied by the United States Federal Govern- ment as a Post Office, and combine rote a building of public safety, the City Administration Offices and Fire Headquarters. Believing such a mer- ger will meet with full approval by the citizens of Dubuque, we urge the adoption of the following resolution: Resolved, that the City of Du- buque, through the official guidance of the City Manager and Administra- tion Officials, avail themselves of an excellent opportunity to promote saf- ety and sanitation, to eliminate wasteful maintenance and conserve municipal expense by abandoning the aforesaid properties and combin- ing Fire Headquarters and the City Administration Offices, thereby elim- inating the total expense of two such buildings. Selling the Fire Headquarters building and convert- ing the sales, or cash consideration to some other fund, and at the same time creating another source of in- come by taxation. Sincerely yours fora Progressive City, Presented by-Jack Brown, A. 1I. Bennett, B, J. Hannan, Hat•ry M, Haggerty, J. W. Kass and I. Box• leiter, Members of the Executive Board. Councilman Andelfinger moved to refer the resolution to the City Man- ager for investigation, he to com- municate with the proper author-, ities, and to report bath to the City Council. Seconded by Councilman Roberts. Carried by the following vote: Peas -Mayor Kane, Councilmen Andelfinger, Jaeger, Roberts, Schiltz. Nays-None. Petition of 11lary Catherine Har- rington, Loretta Powers, Administra- trices of the Estate of Anna A. O'Shea, deceased, requesting permis- sion to pay the proportional part of Regular Session, rebruary 4th, 1935 27 the spec}al assessments against Lot 2 of 4 of Mineral Lot 28 sand Lot 2 of Lot. 1 of Lot 1 of Lot 4 of Mineral Lot 28, with interest, to-wit: $689.10, tivithout Penalty, and that upon pay- ment of said amount that Lot 2 of 4 of Mineral Lot 28 and Lot 2 of Lot 1 of Lot 1 of Lot 4 of Mineral Lot 28 be freed of~ any lien for payment of the Valance of the special assess- ments due against the remaining property unsold, presented and read. City Solicitor Czizek recommend- ing that the prayer of the petition be granted, they to be permitted to pay the proportional part of the spe• cial assessments, upon filing of a proper plat, by payment of the prin- cipal plus 5% interest, to-wit: $689.10, without penalty, and the Treasurer to be instructed accord- ingly. Councilman Roberts moved that the recommendation of ,City Solic- itor Czizek be approved. Second- ed by Councilman Andelfinger, Car- ried by the following vote: Yeas-Mayor Kane, Councilmen Andelfinger, Jaeger, Roberts and Schiltz. Nays-None. February 4, 1936. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: In January, 1935, a verbal request was made by Mr. Hintgen, representing John L. Heim, fot• cancellation of taxes on all lots with the exception of the homestead, designated West 170 ft. of Lot 310 Davis Farm Addition, and also t•e- quest for. cancellation of special as- sessments against all lots belonging to Mr. Heim. This matter was re- ferred to the writer for investigation and report to Council. Accordingly, tive have secured information from the Court House as to the delin- quency in taxes and total sewer as- sessments due on this ptroperty. `Phe request included cancellation of taxes and special assessments on 211 lots. The special assessments on 20 of these 211 lots was $1,618.62 and delinquent taxes on the 211 lots was $1,184.30, or a total request for cancellation amounting to $2,802.92. The agreement tc pay delinquent taxes on the homestead, or the west 170 ft. of Lot 310, amounts to $442.12, or, in other words, Mr. Hintgen agreed to pay $442.12 of the total amount of delinquent taxes amount- ing to $1,626.42, and, on the other hand, asked for cancellation of the sanitary sewer assessments against 20 lots amounting to $1,618.62. Mr. Hintgen agreed that if delin- quent tales and special assessments are cancelled, except on the home- stead tract, in the future all taxes will be paid. He also stated that if this t•egttest for cancellation is not granted, he would not attempt to tape aver the Heim property. We have at hand the details of the assessments and the delinquent assessments against each and every lot if Council desires further infor motion. Respectfully submitted, R. M, EVANS, City Manager, Councilman Andelfinger moved that the request of Mr, Hintgen be denied and the communication of City Manager Evans be made a mat- ter of record. Seconded by Council- man Jaeger. Carried by tlti' follow ing vote; Yeas-Mayor Inane, Councilmen Andelfinger, Jaeger, Roberts .and SC1111tZ. Nays-None. February 4, 1935. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have approved the following pol- icies and bonds and desire to have your approval on same for filing:- EXCAVATION George Pinski, 485 West 8th St.- The Fidelity & Casualty Co. of N, Y. SIGNS Dr. Charles E. Loizeaux, 220 West 9th Street-Policy No. 0. L, & T. 432660, Continental Casualty Co. John Schaetzle, 424 West Locust Street-Policy No. 0. L. & T. 432662, Continental Casualty Co. William C. Leik, 501 Rhomberg Avenue-Policy No, 0, L. & T. 432663, Continental Casualty Co. H. Trenkle Co., 1225.1227 Central Avenue-Policy No. 0. L. & T. 432655, Continental Casualty Co. Jos. W. Lange Dyeing r;z Cleaning Wks., 1108 Iowa Street-Policy No. YR 4333, London Guarantee & Acci- dent Co. F. M. Jaeger Hardware Co., 622 Main Street-Policy No. GPL 107383, Mass. Bonding & Ins. Co. St. George Hotel, 576 Central Av- enue-Policy No. IHP 8079325, The Travelers Ins. Co. Leo Diener & Bert McCormic (Pal- ace Theatre), 506 Main Street-Pol- icy No. GLA 803374, American Sure- ty Co. Courttand F. Hillyard et al, 1101• 1135 Main Street-Policy No. IP 2579, The Fidelity & Casualty Co. Corhett & Scott, 14th and White Streets-Policy No. 29879, Farmers Union Mutual Automobile Ins. Co. Jahn C. Berle, 1501 Cenh°al Avenue -Western Surety Co. Kirchoff Confectionery, 623 Main Street-Merchants Mutual Bonding Co. Yatu•s very truly, R. M. EVANS, City Manager. Councilman Roberts moved that 28 Regular Session, February 4th, 1935 the bonds and policies be approved and placed on file. Seconded by Councilman Schiltz. Carried by the following vote: Yeas-Mayor Kane, Councilmen Andelfinger, Jaeger, Roberts and Schiltz. Nays-None. Resolution No. 24-1935. A Resolution approving applica- tion for the sale of beer and author- izing the issuance of permit. Whereas, the City Council of the City of Dubuque has examined the application which has been filed for permit far the sale of beer within the City of Dubuque and has ap- proved such application ~as applies to the person herein named at the loca- tion described herein: Now, There- fore Be It Resolved by said Council that permit for the sale of beer within the City of Dubuque be and the same is hereby authorized and ordered issued as follows: CLASS "B" PERMIT Thomas R. Peed (New)-234 W. 7th Street. Be It Further Resolved that the bond filed with this application be approved. Passed, adopted and approved this 4th day of February, 1935.- M. R. KANE, Mayor. M. B. ANDELFINGER, W. S. ROBERTS, PETER SCHILTZ, F. M. JAEGER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Andelfinger move d the adoption of the resolution, Sec- onded by Councilman Roberts. Car- ried by the following vote: Yeas - 1Vlaym• Kane, Councilmen Andelfinger, Jaeger, Roberts, Schiltz. Nays-None. Communication of C. B. Murtagh, State Comptroller, approving an ex- tension of time to January 16th, 1936, for the return of $75,000.00 transferred temporarily from the Band Fund to the Consolidated and Fire Funds presented and read. Councilman Schiltz moved that the communication be made a mat- ter of record. Seconded by Council- man Jaeger. Carried by the follow- ing vote: Yeas -Mayor Kane, Councilmen Andelfinger, Jaeger, Roberts, Schiltz. Nays-None, Ordinance No. 2-35. An ordin- ance providing for an annual tax for the purpose of defraying the cost of constructing grading improvements in the City and declaring an emerg- ency presented and read. Councilman Andelfinger move d that the reading just had be consid- ered the first reading of the ordin- ance. Seconded by Councilman Rob• er'ts. Carried by the following vote: Peas -Mayor Kane, Councilmen Andelfinger, Jaeger, Roberts, Schiltz. Nays-None, Councilman Andelfinger moved to suspend the rules requiting an or- dinanceto be read on three separate !days. Seconded by Councilman Rob- erts. Carried by the following vote: Peas -Mayor Kane, Councilmen Andelfinger, Jaeger, Roberts, Schiltz. Nays-None, ,The ordinance tivas then read a second time. Councilman Andelfinger move d that the reading just ltad be consid- ered the second reading of the or- dinance. Seconded by Councilman Roberts. Carried by the following vote: Yeas -Mayor Kane, Councilmen Andelfinger, Jaeger, Roberts, Schiltz. Nays-None. Resolution No. 25-~4. Resolution providing for the issuance of bonds in the sum of $40,000.00 for the pur- pose of defraying the cost of grad- ing improvements presented and read. Councilman Andelfinger move d that the resolution be placed on file with the City Clerle for public in- spection. Seconded by Councilman Schiltz. Carried by the following vote: Yeas -Mayor Kane, Qouncilmen Andelfinger, Jaeger, Roberts, Schiltz. Nays-None. Resolution No. 26-35. Condemnation Resolution Whereas, The Sisters of Holy Ghost, are the owners of a brick building which was recently de- stroyed by fire, situated on City Lot No. 14 in the City of Dubuque, and said building having been examined by the Board of Health and the Chief of the Fire Department and found to be dangerous to life, health 'and property by reason of want of repair, weakened structural walls and unsupported hanging floors and roof, and has depreciated at ]east 70% of its original value, the re- ports of such department being here- to attached and made ~a part hereof; and Whereas, this Council heretofore appointed a committee of three dis- interested persons to make an inves- tigation of such buildings and stt•uc- ture and repm•t their findings to this Council, said committee to act in conjunction with the Building Com- missioner; and Whereas, said committee has filed its report and recommends that said building and structure he condemn- ed because the same is in a danger- Regular Session, February 4th, 1935 29 ous and uusafe condition and a nuis- ance, said report being hereto at- tached and made a part hereof. Now, Therefore, Be It Resolved by the Council of the City of Dubuque, that the Build- ing Commissioner be, and he is hereby directed to cause to be served upon said Sisters of the Holy Ghost, the owner of the building and structure upon the property herein described, a written notice com- manding them to appear before this Council at a meeting tlret•eof to be held at 4:00 o'clock P. M, on Mon- day, February 1S, 1935, iu the Coun- cil Chambers. at the City Hall, and to show cause why said building and structure should not be declared a nuisance, torn down and removed as dangerous and unsafe. Passed, adopted and approved this 4th day of February, 1935. M. R. KANE, 14ayor. M, B. ANDELFINGER, W. S. ROBERTS, PETER SCHILTZ, F. M. JAEGER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Andelfinger move d the adoption of the resolution. Sec- onded by Councilman Schiltz. Car- ried by the following vote: Yeas - 11layor Kane, Councilmen Andelfinger, Jaeger, Roberts, Schiltz. Nays-None. Resolution No. 27-35 CONDEMNATION RESOLUTION Whereas; J. M. Sullivan is the owner of frame buildings and stt•uc- tures located at the southwest cor- ner of Main Street and West Tenth Street in the City of Dubuque, and situated upon City Lot No. 40 in said City of Dubuque, and said buildings have been examined by the Board of Health and the Chief of the Fire Department and found to be unfit for human habitation, danger- ous to life and health, by reason of want of repair, defects in drainage and plumbing, and have depreciated at least seventy (70) percent of their original value, the reports of such departments being hereto at- tached and made a part hereof; and Whereas, this Council heretofore appointed a committee of three dis- interested persons to make an in- vestigation of such buildings and structure and report their findings to the Council, said committee to act in conjunction with the build- ing commissionor; and Whereas, said committee has filed its report and recommends that said buildings and structures be con- demned because the same are in a dangerous and unsafe condition, and' a nuisance, said report being hereto attached and made a part hereof. Now, therefore Be it resolved by the Council of the City of Dubuque; that the Build- ing Commissioner be, and he is here- by directed to cause to be served upon said J. M. Sullivan, the owner of the building and structures upon the property herein described, a written notice conmianding him to appear before this Council at a meeting thereof to be held at 4:00 o'clock P. M. on Monday,, February 18, 1935, in the Council Ghpmbers at the City Hall, and to show cause why said buildings and structures should not be declared a nuisance, torn down and removed as danger- ous and unsafe structures. Passed, adopted and approved this 4th day of February, 1935. M. R. KANE, Mayor. M. B. ANDELFINGER, W. S. ROBERTS, PETER' SCHILTZ, F. M.'SAEGER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Roberts moved the adoption of the resolution. Second- ed by Councilman Andelfinger. Car- ried by the following vote: Yeas-Mayor I{one, Councilmen Andelfinger, Jaeger, Roberts and Schiltz. Nays-None. Quit Claim Deed of Interstate Power Company to City of Dubuque, Iowa, all of the right, title and in- terest said Interstate Power Com- pany may have in and to the lands situated in the City of Dubuque, Du- buque County, Iowa, and legally known as follows: Mineral Lots 298; 299 and 300 and situated on an area commonly referred to as Ham's Is- land, presented and read. Councilman Jaeger moved that the Quit Claim Deed be accepted and re- corded with the County Recorder. Seconded by Councilman Schiltz. Carried by the following vote: Yeas-Mayor Kane, Councilmen Andelfinger, Jaeger, Roberts and Schiltz. Nays-None. Verbal report of City Manager Evans recommending that the re- quest of Erie Cafe, be grouted, in allowing them to place a sign on the rock located on lot owned by the City of Dubuque, on South Lo- cust Street, between Dodge Street and Railt•oad Avenue at a yearly charge of $5.00 per year, presented. Councilman Andelfinger moved that the recommendation of City 11lanager Evans be approved. Sec- onded by Councilman Schiltz. Car- ried by the following vote: Yeas-Mayor Kane, Councilmen 30 Special Session, February 13th, 1935 Special Session, February 13th, 1935 31 Schiltz. Nays-None. There being no further business, Councilman Andelfinger moved to adjourn. Seconded by Councilman Roberts. Carried by the fallowing vote: Yeas-Mayor Kane, Councilmen Andelfinger, Jaeger, Roberts and Schiltz. Nays-None. J. J. SHEA, City Cleric, Approved ......................................1935. Adopted ........................................1935. Councilmen: 1 ........................................ Attest : ................................................. City Clerk, CITY COUNCIL (Official) Special Session, February 13, 1935, Council met at 4:20 P. M. Present-Mayor I{one, Councilmen Andelfinger, Jaeger, Roberts, Schiltz. City Manager Evans. Meeting called by order of Coun- cilmen Schiltz and Jaeger, Dubuque, Iowa. February 11, 1935. Notice and Call of Special Meeting of the City Council of City of Dubuque, Iowa. To M. B. Andelfinger, Councilman, You are hereby notified that there is called a Special Meeting of the City Council of the City of Dubuque to be held on the 13th day of Febru- ary, 193b, at 4:00 o'clock P, M. at the Council Chambers in the City Hall. At this meeting there will be taken up for final consideration and passage an Ordinance entitled: "Or- dinance No. 2-35, An Ordinance providing for an annual tax for- the purpose of defraying the cost of con- structing grading improvements in the City, and declaring an emergen- cy"; and also a Resolution entitled: "Resolution No, 25-35. Resolution providing far the issuance of bonds in the sum of $40,000, for the pur- pose of paying the cost of grading fmprovements"; and also a resolu- tion entitled: "Resolution No. 28- 35. A Resolution directing the ad- vertisement and sale of $40,000 City Grading Bonds:' Such other business may be trans- acted at said meeting as will pro- perly come before a regular meeting of said Council. PETER SCHILTZ, F. M. JAEGER, Councilmen. Ordinance No. 2-35. An ordin- ance providing for an annual tax for the purpose of defraying the cost of constructing grading improve- ments in the City and declaring an emergency, said ordinance having been passed upon first and second readings on February 4th, 1935, pre- sented and read a third time. ORDINANCE N0. 2~5 An Ordinance providing for an annual tax for the purpose of de- fraying' the cost of constructing grading improvements in the City and declaring an emergency. \VI3EREA5, the City of Dubuque, in the County of Dubuque and State of Iowa, heretofore, pursuant to and in strict compliance with all laws applic- able to said City, lawfully ordered the ceustrnction of grading improvements in said City, the cost thereof to be paid from a tax levied on all the taxable property tvilhin said City, and it is now advisable to make Provisions with respeot to the lev3'ing of said tax: NO\V, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: Section 1. That in Pursuance of Para- graph 1 of Section 6211 of the Code of Iowa, 1931, as amended, and subject to the amounts necessary for prior pledges there shall be and there is hereby levied and there shall be assessed and collect- ed adirect annual tax upon all the tax- able property within said City, three- fourths.(~'r) of a mill on the dollar (or such portion thereof as may be nec- essary) upon the assessed value of such taxable property sufficient to produce the net annttal sums as hereinafter provided: Year of Levy Amount 1935 ......................... $ 2,400 1936 ...................... 1, 600 1937 .......................... 13, G00 1938 ......................... 7,120 1939 ........................ 7, 880 1940 ....................... 7, G00 1941 ........... _....... 8,320 Section 2. Said Taxes shall be collect- ed each year at the same time and iu the same manner, and in addition to all other taxes in and for said city, and when collected shall be converted into a special fund which is hereby Pledged for and shall be used only to pay the portion of the cost of constructing grad- ing improvements, or to pay the princi- pal and interest of bonds issued there- for. Section 3. That a certified copy of this ordinance be filed with the County Auditor of Dubuque County and that said Auditor be, and he is hereby in- structed in and for each of the years 1935 to 1947. inclusive, to levy and assess the tax hereby authorized. Section 4. That all ordinances m• resolutions or parts thereof in conflict herewith be, and the same are hereby repealed. Section 5. That it is herehy found and declared that an emergency exists and that it is necessary for the inmted- iate preservation of the public Peace, health and safetS' that this ordinance becoue effective upon its passage, ap- proval and publication, and it is so ordered. Passed upon first and second readings this 4th. day of February, 1935. Passed, adopted and approved this 13th day of February, 1935 14I. R. KANE, Mayor. NI. B. ANDELFINGER, \~%. S. ROBERTS, PETER SCHILTZ, F. IDi. JAEGER, Attest: J. J. SHEA, Councilmen City Cleric. Recorded: February 14th, 1935. Published: February 15th, 1935. J. J. SHEA, City Clerk. Published officially in the Telegraph- Herald and Times-Journal newspaper, February 15th, 1935. J. J. SHEA, 2-15-1t. City Clerk. Councilman Andelfinger move d the adoption of the ordinance, Sec- onded by Councilman Schiltz. Car- ried by the following vote: Yeas -Mayor Kane, Councilmen Andelfinger, Jaeger, Roberts, Schiltz. Nays-None, Resolution Na. 25-35 RESOLUTION PROVIDING FOR THE ISSUANCE OF BONDS IN THE SUM OF $40,000 FOR THE PURPOSE OF DEFRAYING THE COST OF GRADING IMPROVE- MENTS. Whereas, the City of Dubuque, in the County of Dubuque, and State of Iowa, has heretofore pursuant to and in strict compliance with all laws applicable to said City, lawfully ordered the construction of grading improvements in said City; and Whereas, the cost of said improve- ments to the amount of $40,000 is to be paid by said -City,'and it is now advisable to make provision for said payment; Now therefore be it resolved by the City Council of the City of Du- buque: Section 1. That the cost of con- structing grading itnpr•ovements in said City to the amount of $40,000 is hereby ordered paid from the proceeds of City Grading Bonds of said City issued in anticipation of the collection of a grading fund tax heretofore levied by an Ordinance entitled "Ordinance No. 2-35. An Ordinance providing for- an annual tax for the purpose of defraying the cost of constructing grading im- provements in the City, and declar- ing an emergency," and the tax thereby levied is hereby pledged, acrd when collected shall be used only fm• the payment of the bonds hereby authorized. Section 2. That bonds of said City, in the amount of $40,000 be issued in anticipation of the col- lection of said grading fund taxes pursuant to the provisions of Chap- ter 320 of. the Code of Iowa, 1931; that each of said bonds be desig- nated as a "City Grading Bond," be forty (40) in number, numbered from 1 to 40, both included, be dat- ed February 1, 1935, bear interest at the rate of 4% (four percent) per annum frorn the date of said bonds until payment thereof, pay- able August 1, 1935 and semi-an- nually thereafter on the first day of February and August in each year; that said bonds be signed by the Mayor and attested by the City Clerk and the aeal of said City be attached, and be registered by the City Treasurer, and a certificate of registration endorsed thereon; that interest on said bonds be evi- denced by coupons thereto attached and maturing on the several days when such interest matures such coupons to be executed with the fac- simile signature of said Mayor and City Clerk, and said ofdcials, by the execution of said bonds, shall adopt as and for their own proper signa- tures their respective facsimile sig- natures appearing on each of said coupons and that both principal and interest be payable at the office of the City Treasurer in the City of Dubuque, Iowa; said bonds shall be of the denomination of $1,000 each; said bonds shall become due and. payable in numerical order, as fol- Andelfinger, Jaeger, Roberts and ' Scltiltz. Nays-None. Councilman Andelfinger moved that City Manager Evans be iri- structed to communicate with the officials of the various raih•oads to ar•I•ange a meeting at an early date relative to the installation of elec- tric signals on all railroad cross- ings within the limits of the City of Dubuque. Seconded by Council- man Roberts. Carried by the fol• lowing vote: Yeas-Mayor Kane, Councilmen Andelfinger, Jaeger, Roberts and 32 Special Session, February 13th, 1935 lows: $12,000 on August 1, 1938; $0,000 on August 1, 1939; $7,000 on August 1, 1940; $7,000 on August 1, 1941; and $8,000 on August 1, 1942, Section 3. The bonds hereby auth- orized shall be in form substantially as Pollows: (Form of Bond) UNITED STATES OF AMERICA STATE OF IOWA COUNTY OF DUBUQUE CITY OF DUBUQUE CITY GRADING BONDS No ..................... $1,000.00 Know All Men by These Presents: That the City of Dubuque, in the County of Dubuque and State of Iowa, for value received, promises to pay to bearer One Thousand Dollars ($1,OOD) lawful money of the United States of Amer-ica on the first day of August, 19......, with interest on said sum from the date hereof until paid, at the rate of .............. per cent (.....%„) per annum, payable August 1, 1935, and semi-annually thereafter on the first days of February and August in each year, upon presenta- tion and surrender of the interest coupons hereto attached, both prin- cipal and interest payable at the office of the City Treasurer in the City of Dubuque, Iowa, This bond is one of a series of bonds issued by the City of Du- bugne pursuant to and in strict com• pliance with the provisions of Chap- ter 320 of the Code of Iowa, 1931, and all laws amendatory thereof and supplementary thereto, and in con- formity with a resolution of the Council of said City duly passed on the 13th day of February, 1935, and approved and recorded, for the pur- pose of defraying the cost of the construction of grading improve- ments in said City. And it is .hereby certified and re- cited that all acts, conditions and things required by the laws and con- stittttion of the State of Iowa to ex- ist, to be had, to be done, or to be performed, precedent to and in the issue of this bond, were and have been properly existent, had, done and performed in regular and due form and time: and that this bond and interest hereon are payable ex- clusively from the proceeds of a suf- ficient continuing annual tax which has been duly levied on all the tax- able property within said City and is pledged solely for the payment o2 the principal and interest of said series of bonds and does not exceed the rate authorized by law; that the faith, credit, revenue and resources and al] the real and personal prop- erty of 'said City are irrevocably pledged for the regular and due collection and proper application of said tax; and that the total indebt- edness of said City, including this bond, does not exceed the consti• tutional or statutory ]imitations of indebtedness or taxation. In Testimony Thereof, 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 fac-simile signature of said Mayor and City Clerk, and said of- ficials, by the execution of this bond, do adopt as and for their own sig- natures their respective facsimile signatures appearing on said cou- pons, all as of the first day of Feb- ruary, 1935. Mayor. Attest : ...................................................... Clerk of City of Dubuque, (Form of Coupon) No ................. $................:..... On ............................................. 19......, the Treasurer of the City of Du- buque, Dubuque County, Iowa, will pay to bearer .......................................... Dollars ($ ........................) at the office of the City Treasurer, Dubuque, Iowa, for setni-annual interest due that date on its City Grading Bond, dated February 1, 1935, No ............... .......................................................... Mayor of City of Dubuque, Iowa, Attest : ...................................................... Clerlt of City of Dubuque, Iowa. (On the baclt of each bond, there shall be endorsed a certificate of the City Treasurer in the following fortn.) (Form of City Treasurer's Certificate) CITY TREASURER'S CERTIFICATE This bond duly and properly reg- istered in my office as of the first day of February, 1935, Treasurer of the City of Dubuque. Section 4. That when said bonds have been executed, as aforesaid they shall be delivered to the Treasurer of said City who shall register them in a book provided for that purpose and shall thereupon deliver said bonds to the purchaser as may hereafter be determined by this Council upon receipt of the pur- chase price, the same to be not less than the par value. of said bonds with accrued interest thereon. Section 5. That the principal and interest falling due at any titne when there are insufficient funds to pay the same, be paid promptly when due from the eurrentfunds on hand and reimbursement Ue made to such current funds in the sums thus ad- vanced when the taxes herein pro- vided for shall have been collected. Section 6. That all resolutions or parts thereof in conflict herewith be and the same are hereby repealed. Introduced and placed on file with the City Clerk for public inspection February 4, 1935. Special Session, Fie Passed, adopted and approved this 13th day of February 1935, M. R. KANE, Mayor. M. B. ANDELFINGER, W. S. ROBERTS, PETER SCHILTZ, F. M. JAEGER, Councilmen. Attest: J. J. SHEA, City Clerlt, Recorded: February 14, 1935. J. J. SHEA, City Clerk, Councilman Andelfinger moved the adoption of the resolution. Second- ed by Councilman Roberts. Carried by the following vote: Yeas-Mayor Kane, Councilten Andelfinger, Jaeger, Roberts and Schiltz. Nays-None. Resolution No. 28-35 RESOLUTION .DIRECTING THE ADVERTISEMENT AND SALE OF $40,000.00 CITY GRADING BONDS. Whereas, it is necessary and for the best interests of the City of Dubuque, Dubuque County, Iowa, that $40,000 City Grading Bonds con- templated to be issued by said City be offered for sale at this time: Naw, therefore, be it resolved by the City Council of the City of Du- buque: Section 1, That City Grading Bonds, in the amount of Forty Thou- sand ($40,000) Dollars, as proposed to be issued and as referred to in the preamble of the resolution, dat- ed February 13, 1935, be offered far sale pursuant to published adver- tisement. Section 2. That the City Clerk be, and he is hereby authorized and directed to publish notice of the sale of said bonds for two or more con- secutive weeps in the Telegraph- Herald and Times-Journal, an official newspaper of Dubuque County, print- ed and published in the City of Du- buque, Iowa, such notice to state that bids will be received and acted upon by this Council at a meeting to be held at 7:30 e'clock P. M. on March 4, 1935, and such notice to be in substantially the following form: "NOTICE OF SALE OF CITY GRADING BONDS." Sealed bids will be received at the office of the City Clerk in the City Hall, Dubuque, Iowa, until 10 o'clock A. M. March 4, 1935, for $40,000 City Grading Bonds of the City of Du- buque, Iowa, at which time they will be referred to the City Council of said City at its meeting to be held on that date in the Council Cham- ber of said City Hall and after the receipt of which, open bids will be received and' the bonds then sold to the highest bidder for cash. Said bonds will be dated February 1, 13th, 1935 33 1935, and mature as follows: $12,000 on August 1, 1938; $0,000 on August 1, 1939; $7,000 on August 1, 1940• $7,000 on August 1, 1941; and $8,00 on August 1, 1942. Both principal and interest are to be payable at the office of the City Treasurer, Dubuque, Iowa. All bids shall spe- cify the rate of interest, and all oth- er things being equal, the bid of par and accrued interest or better for the lowest interest rate tivill be giv- en preference. The successful bid- der must pay the cost of printing the bonds. These bonds are to be issued for the purpose of defraying the cost of building and constructing grading improvements in said city and will be payable both as to principal and interest from special taxes levied on all the taxable property in this City. The City will furnish the approv- ing opinion of Messers. Chapman and Cutler, Lawyers, Chicago, Ill., and all bids must be so conditioned. Bidders must furnish certified check for $1,500.00 as guarantee of good faith, this amount to be forfeited by the successful bidder should he fail to take up and pay for the bonds when ready. The right is reserved to reject any or all bids. By order of the City Council, dat- ed February 13, 1935. J. J, SHEA, City Clerk. Section 3. That the City Clerk is further authorized to prepare such circulars for further advertise- ment as ntay be deemed advisable in order to afford due publicity for the sale of said bonds. "aection 4. All resolutions or parts thereof in conflict herewith be and the same are hereby repealed. Passed, adopted and approved this 13th day of February, 1935. M. R. KANE, Mayor. M. B. ANDELFINGER, W. S. ROBERTS, PETER SCHILTZ, F, M. JAEGER, Councilmen, Attest: J. J. SHEA, City Clerk, Councilman Schiltz moved the ad- option of the resolution, Seconded by Councilman Andelfinger. Car-i ried by the following vote: Yeas-Mayor Kane, Councilmen Andelfinger, Jaeger, Roberts, and Schiltz. Nays-None. Bid of Times Hotel Register Com- pany itt the amount of $92.50 for the printing of the Index and binding of the Council Proceedings for the year 1934, presented and read, Councilman Andelfinger move d that the bid of Times Hotel Register Company be accepted and the con- 34 Special Session, February 13th, 1935 tract for the printing of the Index and binding of the Council Proceed- ings far the year 1934 be awarded to the Times Hotel Register Com- pany. Seconded by Councilman Schiltz, Carried by the following vote: Yeas -Mayor Kane, Councilmen Andelfinger, Jaeger, Roberts, Schiltz, Nays-None, Claim of Stella F. Sheridan in the amount of $77.00 for injuries re- ceived in falling on icy walk at 1589 Bluff Street presented and read. Councilman Schiltz moved to refer the claim to the City Solicitor. Sec- onded by Councilman Roberts. Car- ried by the following vote: Yeas -Mayor Kane, Councilmen Andelfinger, Jaeger, Roberts, Schiltz. Nays-None. Statement of Claim of G. W. Lar- son in the amount of $57.29 fm• re- pairs and materials on his auto- mobile caused by skidding into wire cable on West 8th Street caused by the icy condition of said street pre- sented and read. Councilman Andelfinger move d to refer the statement of claim to the City Solicitor for investigation and report. Seconded by Council- man Roberts. Carried by the follow- ing vote: Yeas -Mayor Kane, Councilmen Andelfinger, Jaeger, Roberts, Schiltz. Nays-None. Petition of Mary A. Decleert re- questing that the County Treasurer be instructed to accept the balance of the special assessments levied against Lot 203, Woodlawn Park Ad- dition, without penalties, presented and read. Councilman Schiltz moved that the prayer of the petition be grant- ed and the County Treasurer in- structed to accept the balance of the special assessments levied against Lot 203, PJoodlawn Park Addition, upon the payment of the principal plus 6% interest, the penalties to be waived. Seconded by Councilman Andelfinger. Carried by the follow- ing voter Yeas -Mayor Kane, Councilmen Andelfinger, Jaeger, Roberts, Schiltz. Nays-None. Petition of Junior Auxiliary of the Visiting Nurse Association request- ing the City to place a sign across Main Street to advertise the "Follies of 1935" presented 'and read, Councilman Andelfinger m e v e d' that the Junior Auxiliary of the Visiting Nurse Association be grant- ed permission for the placing of a canvas banner across Main Street, they to furnish a suitable banner. Seconded by Councilman Roberts, Carried by the following vote: Yeas -Mayor Kane, Councilmen Andelfinger, Jaeger, Roberts, Schiltz. Nays-None. Petition of Victor Hoerstmann making application fm• the conces- sions at the Ball Park, Bathing Beach and Eagle Point Park for the year 1935 presented and read. Councilman Andelfinger 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, Seconded by Councilman Schiltz, Carried by the following vote: Yeas -Mayor Kane, Councilmen Andelfinger, Jaeger, Roberts, Schiltz. Nays-None, Victor Hoerstmann addressed the Council requesting that his applica- tion be granted. Councilman Jaeger moved that the petition as the same applies to the Ball Park concession be referred to the Council, Seconded by Council- man Schiltz, Carried by the follow- ing vote; Yeas -Mayor Kane, Councilmen Andelfinger, Jaeger, Roberts, Schiltz, Nays-None. Communication of I. K. Werwinski requesting the Council's approval of the attached resolution memorializ• ing the Congress of the T7nited States to pass, and the President of the United States to approve, if passed, The General Pulaski's Megr- orial Day Resolution now pending in Congress presented and read. Councilman Andelfinger move d the adoption of the resolution. Sec- onded by Councilman Jaeger. Car- ried by the following vote, Yeas -Mayor Kane, Councilmen Andelfinger, Jaeger, Roberts, Schiltz. Nays-None. Petition of Amelia H. Adams, re- ferred to the City Council by the Board of Supervisors, requesting the suspension of the 1933 taxes on Lot 1 of 1 of 18, Newberry & Hales Sub., presented and read. Councilman Schiltz moved to refer the Petition to the City Solicitor for investigation and report. Seconded by Councilman Andelfinger. Carried by the following vote: Yeas -Mayor Kane, Councilmen Andelfinger, Jaeger, Roberts, Schiltz. Nays-None. Petition of John Bodies, referred to the City Council by the Board of Supervisors, requesting the cancella- tion of the 1934 taxes on Lots 24, 20 and 27, Oak Grove Addition, pre- sented and read. Councilman Schiltz moved to re- fer the petition to the City Solicitor for investigation and report. Second- ed by Councilman Andelfinger. Car• tied by the following vote: Yeas -Mayor Kane, Councilmen Andelfinger, Jaeger, Roberts, Schiltz. Special Session, )?ebruary 13th, 1935 35 Nays-None, Petitions of Rosins Durand, re• ferred to the City Council by the Board of Supervisors, requesting the cancellation of the 1933 taxes and the suspension of the 1934 taxes on South ~ of Lot 138, East Dubuque Addition, presented and read, Councilman Schiltz moved to refer the petitions to the City Solicitor for investigation and report. Seconded by Councilman Andelfinger. Carried by the following vote: Yeas -Mayor Kane, Councilmen Andelfinger, Jaeger, Roberts, Schiltz, Nays-None. February 13, 1935. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: We were advised this morning through Mr. David Murphy, `vho attended the Highway Commis- sion meeting yesterday at Ames, that East 20th Street and Rhomberg Avenue paving project was awarded yesterday tc the Harrison Engineer- ing & Construction Company of Kan- sas City. This firm was the lowest bidder on concrete when bids were received at Ames two weeks ago yesterday. The basis of this entire improvement will be on concrete rather than brick. After the receipt of bids January 29th, the writer discussed with the Highway Commission the point that if an award were made to an out of state contractor or even ~a non- Dubuque contractor, would the pos sibility arise of employing non-local mechanics and labor. We were ad- vised by Mr. White, Chief Engineer, that regardless of whom the con- tract was awarded to, the contractor on the project could only bring from out of Dubuque certain key men. Accordingly, the project loops very favorable. We regret that local contractors were not successful in securing the work, but the do feel that our efforts to secure concrete construction rath- er than brick will afford consider- ably more local labm• and will also provide sales greatly in excess of the brick construction to local deal- ers. The awarded price is slightly.in excess of $94,000.00. A letter attached has been `vritten to the State Highway Commission today advising of the. appreciation of the City Council toward their quick action and hoping that the project tivill be started as quickly as the weather will permit. Pours very truly, R. M. EVANS, City Manager. Councilman Schiltz moved that the communication of City Manager Evans be made a matter of record. Seconded by Councilman Jaeger, Carried by the following vote: Yeas -Mayor Kane, Councilmen Andelfinger, Jaeger, Roberts, Schiltz, Nays-None. February 7, 1935. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I am submitting here- with reports of the City Auditor, City Treasurer and City Water De• partment for the month of January, 1935, also list of claims 'and list of payrolls for which warrants were drawn during the month of January, 1935. Yours very truly, R. M. EVANS, City Manager. Councilman Schiltz moved that the reports be received and placed on file, Seconded by Councilman Jaeger. Carried by the following vote: Yeas -Mayor Kane, Councilmen Andelfinger, Jaeger, Roberts, Schiltz. Nays-None. Councilman Andelfinger move d that the request of Rev. B. W. From• melt for permission to place a ban- ner across Maiu Street to advertise the -holding of a bazaar be granted when petition for said request is received, Seconded by Councilman Roberts. Carried by the following vote: Yeas -Mayor Kane, Councilmen Andelfinger, Jaeger, Roberts, Schiltz. Nays-None, Verbal report of City Solicitor Czizelc recommending the payment of the bills of Dr. J. C. Kassmeyer in the amount of $13.00 for profes- sional services rendered to Pauline McCoy, she having been injured due to a fall on icy walk on Bluff Street Extension, presented, Councilman Roberts moved that the recommendation of City Solicitor Czizelc tie approved 'and that a war- rant in the amount of $13.00 be or- dered drawn on the City Treasurer in favor of Dr. J. C. Kassmeyer far professional services rendered to Pauline McCoy. Seconded by Couu• Gilman Schiltz. Carried by the fol- lowing vote: Yeas -Mayor Kane, Councilmen Andelfinger, Jaeger, Roberts, Schiltz, Nays-None, Petition of the members of the Fire Department requesting the City Council to restore to the members of the Pire Department the reduc- tion in salary received the month of January, 1933, presented and read, Councilman Andelfinger moved to refer the petition to the City Coun- cil for Budget consideration. Sec- onded by Councilman Schiltz, Car- ried by the following vote: Yeas -Mayor Kane, Councilmen 36 Special Session, February 18th, 1935 Andelfinger, Jaeger, Roberts, Schiltz. Nays-None. Petition of committee elected to represent the Police Department re- questing the City Council to restore to the members of the Police De- partment the reduction in salary re- ceived in January, 1933, presented and read. Councilman Andelfinger moved to refer the petition to the City Coun- cil for Budget consideration. Sec• onded by Councilman Schiltz. Car- ried by the following vote: Yeas -Mayor Kane, Councilmen Andelfinger, Jaeger, Roberts, Schiltz. Nays-None. Councilman Andelfinger move d that Jacob Liepe, owner of Lots 6 and 7, Hantelman's Sub,, be granted permission to abandon the sewer connection in Grace Street and that the City authorize the connecting of this property into the sanitary sever in Bennett Street. Seconded by Councilman Roberts. Carried by the following vote: ' Yeas -Mayor Kane, Councilmen Andelfinger, Jaeger, Roberts, Schiltz, Nays-None, There being na further business, Councilman Andelfinger moved to adjourn. Seconded by Councilman Schiltz. Carried by the following vote: Peas -Mayor Kane, Councilmen Andelfinger, Jaeger, Roberts, Schiltz, Nays-None. J, J. SHEA, City Clerlc, Approved ....................................1935 Adapted ........................................1935, Councilmen : l ........................................ Attest : ................................................. City Clerk. CITYCOUHCIL (Official.) Special Session, Febt•uaty 18, 1935. Council met at 4:20 P. M. Present-Councilmen Andelfinger, Jaeger, Roberts, Schiltz and City Manager Evans. Absent-Mayor Kane.. Meeting called by order of Coun- cilmen Andelfinger and Roberts. Councilman Schiltz moved that Councilman Andelfinger be appoint- ed Mayor Pro Tetn of the meeting. Seconded by Councilman Jaeger. Carried by the fallowing vote: Yeas-Councilmen Jaeger, Rob• erts and Schiltz. Nays-None. Absent-Mayor Kane, Councilman Andelfinger not vot- ing. Mayor Pro Tem Andelfinger read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of conducting a hearing up- on condemnation notices served up• on the owners of buildings and struc- tures located on City Lot 14 Sisters of the Holy Ghost, owners, and also the buildings and structures located on City Lot 46 James M, Sullivan, owner, and acting on any other bus- iness as tuay properly come before a regular meeting'of the City Coun- cil. Councilman Roberts moved tb sus- pend the roles 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 vote: Yeas-Mayor Pro Tent Andelfing- er, Councilmen Jaeger, Roberts and Schiltz. Nays-None. Absent-Mayor Kane. Representatives of the four rail- roads operating in Dubuque, ad- dressed the Council, presenting plans for the installation of automatic elec- tric alarm signals at all railroad crossings within the City Limits. Councilman Schiltz moved that the matter of installation of auto- matic electric alarm signals at all railroad crossings within the City Limits be referred to the City Coun- cil for further consideration. Second- ed by Councilman Roberts. Carried by the following vote: Yeas-Mayor Pro Tem Andelfing- er, Councilmen Jaeger, Roberts and Schiltz. Nays-None. Absent-Mayor Kane. Return of service, subscribed and sworn to, of C. F. Bartels, Building Commissioner, that he served the at- tached notice upon the Sisters of Special Session, I'ebruary 18th, 1935 37 the Holy Ghost directing them to ap- pear before the City Council to show cause why the brick building de• strayed by fire and located upon City Lot 14 should not be declared a nuisance' and abated, presented and read, Councilman Schiltz moved that the t•etut•n of service be received and filed. Seconded by Councilman Jaeger. Cat•ried by the following vote: Yeas-Mayor Pro Tem Andelfing- er, Ceuncilnen Jaeger, Roberts and Schiltz. Nays-None. Absent-Maym• Kane. 3 Communication of John Nagle stat- • ing that in his opinion it is not to the interest or the betterment of our Main Street to demolish the structure recently burned on City Lot 14, presented and read. ~ Councilman Roberts moved to re- ceive and file the communication. Seconded by Conncilman Schiltz, Carried by the following vote; Yeas-Mayor Pro Tem Andelfing- ~~ er, Councilmen Jaeger, Roberts and Schiltz. ' Nays-None. Absent-Mayor I{one. Return of service, subscribed and sworn to, of C. F. Bat•tels, Building Conunissioner, that he served the attached notice, by registered mail, aeon J. M. Sullivan directing him to appear before the City Council to show Goose why the buildings and structures located on City Lot 46 should not be declared a nuisance and abated, presented and read, Councilman Roberts moved that the return of set•vice be received and filed. Seconded by Councilman Schilt. Carried by the following vote: Yeas-Mayor Pro Tem Andelfing- er, Councilmen Jaeger, Roberts and Schiltz. Nays-None. Absent-Mayor Kane. Conununication of James M. Salli- van advising the City Council that he has closed a contract which will replace the buildings on City Lot 46 with a substantial fireproof build- ing, presented and read. Conncilman Jaeger moved to re- ceive and file the communication, Seconded by Councilman Schiltz, Carried by the following vote: Yeas-Mayor Pro Tem Andelfing- er, Councilmen Jaeger, Roberts and Schiltz. Nays-None. Absent-Mayor Kane. Communication of Earl M. Bolsing- er submitting claim of Adam Sick- els in the amount of $228.70 for in- juries received in falling on sidewalk at 25th and Elms Streets, also aub- nutting his own claim in the amount of $1000.00 for care of said Adam Sickels, presented and read. Councilman Schiltz moved to re- fer the communication and claims to the City Solicitor. Seconded by Councilman Roberts. Carried by the following vote: Yeas-Mayot• Pro Tem Andelfing• er, Councilmen Jaeger, Roberta and Schiltz. Nays-None. Absent-Mayor Kane, Petition of Mrs. E. B. Lyons, et al, requesting the installation of a street light on Fremont Avenue be- tween Dodge Street and St, Joseph Street, presented and read, Councilman Schiltz moved to re- fer the petition to the City Manager for investigation and report, Sec- onded by Councilman Roberts. Car- ried by the following vote: Yeas-Mayor Pro Tem Andelfing- er, Councilmen Jaeger, Roberts and Schiltz. Nays-None', Absent-Mayor Kane. Proof of publication, certified to by the publishers, of the official publication of Ordinance No. 2-35. An ordinance providing for an an- nual tax for the purpose of defray- ing the cost of constructing grading improvements in the City and de• Glaring an emergency, presented and read. Councilman Roberts moved to re• ceive and file the proof of publica- tion. Seconded by Councilman Schiltz. Carried by the following vote: Yeas-Mayor Pro Tem Andelfing- er, Councilmen Jaeger, Roberts and Schiltz. Nays-None. Absent-Mayor Kane, ~ Resolution No. 30-35 A Resolution approving applica- tion for the sale of beer and author- izing the issuance of permit, Whereas, the City Council of the City of Dubuque has examined the application which has been filed for permit for the sale of beer within the City of Dubuque and h'as ap- proved such application as applies to the Person herein named at the location described herein: Now, Therefore, Be It Resolved by said Council that permit far the sale of beer within the City of Dubuque be and the same is hereby authorized and ordered issued as follows: CLASS "B" PERMIT Frank W. Childers, 574 East 16th Street. Be It Further Resolved that the bond filed with this application be approved. 38 Passed, adopted and approved this 18th day of February, 1935. M. B, ANDELFINGER, Mayor Pro Tem. W. S. RGBERTS, PETER SCHILTZ, F. M, JAEGER, Councilmen. Attest: J, J. SHEA, City Clerk. Councilman Schiltz moved the adoption of the resolution. Seconded by Councilman Jaeger. Carried' by the following vote: ' Yeas-Mayor Pro Tem Andelfin• ger, Councilmen Jaeger, Roberts and Schiltz, Nays-None, Absent-Mayor Kane. Condemnation Resolution No. 31-35 Whereas, under appropriate pro- ceedings heretofore taken by this Council, a certain building and struc- ture located upon City Lot No. 14 in the Town (now City) of Dubuque, and owned by the Sisters of The Holy Ghost, was declared to be dan- gerous, due to dilapidation, lack of repair, and other causes, and said owners were given an oppm•tunity to be heard 'and to show cause why such building and structure should not be condemned as a nuisance and dangerous structure and ordered abated: Now, Therefore, Be It Resolved by the Council of the City of Du- buque, after full and a fair consid- eration, that the building and struc- ture located upon said described premises, be and the same is her•e• by found and declared to be danger- eus and, because of its condition, is declared to be a nuisance and the same is hereby ordered abated and taken down on or before the 15th day of March, 1935. Be It Further Resolved, that the Building Commissioner be, and he is hereby directed to serve upon said Sisters of Holy Ghost a written no- tice requiring them to take dawn said dangerous building and struc- ture and abate the nuisance caused thereby, all to be dawn on or before the 15th day of March, 1936. Be It Further Resolved, that should said owners fail to comply with said notice on or before said date, or in case of dispute arising on account of said notice and order of this Council, this Council shall either confirm said order or amend the same, and if confirmed, said building and structure shall be taken down 'and the nuisance created by it shall be abated by and uudet• the directions of the Chief of the Fire Department and all costs thereof shall be assessed against the real estate above described. Passed, adopted and approved this 18th day of February, 1935, M, B, ANDELFINGER, Mayor Pro Tem, W. S. RCBERTS, PETER SCHILTZ, F. M. JAEGER, Councilmen. Attest: J. J, SHEA, City Clerk. Councilman Roberts moved the adoption of the resolution. Second- ed by Councilman Schiltz, Carried by the following vote: Yeas-Mayor Pro Tem Andelfin- ger, Councilmen Jaeger, Roberts and Schiltz. Nays-None, Absent-Mayor Kane, Condemnation Resolution Nor32-35 Whereas, under appropriate pro- ceedings heretofore taken by this Council, certain buildings and struc- tures located upon City Lot No. 46 in the Town (now City) of Dubuque, and awned by James Sullivan, were declared to be dangerous, due to dilapidation, lack of repair, and oth- er causes, and said owner was given pan opportunity to be heard and to show cause why such buildings and structures should not be condemned as nuisances and dangerous struc- tures and ordered abated: Now, Therefore, Be' It Resolved by the Council of the City of Du- buque, after full and fair considera- tion,that the buildings and str•uc- tur•es located upon said described premises, be, and the same are here- by found and declared to bo danger ous and, because of their condition, are declared to be a nuisance and the same are hereby ordered abated and taken down on or before the 15th day of March, 1935. Be It Further Resolved, that the Building Commissioner be, and he is hereby directed to serve upon said James Sullivan a written notice re- quiring him to take down said dan- gerous buildings and structures and abate-the nuisance caused thereby, all to be down on or• before the 15th day of March, 1935, Be It Further Resolved, that should said owner fail to comply with said notice on or before said date, ot• in case of dispute arising on account of said notice and order of this Council, this Council shall either confirm said order or amend the same, and, if confirmed, said buildings 'and structures shall be taken down and the nuisance created by them shall be abated by and un- der the directions of the Chief of the Fire Department and all costs thereof shall be assessed against the real estate above describd. Special Session, February 18th, 1935 39 Fassed, adopted and approved this 18th day of February, 1935. M. B. ANDELFINGER, Mayor Prc Tem. W. S, RDBERTS, PETER SCHILTZ, F. M, JAEGER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Roberts moved the adoption of the resolution. Seconded by Councilman Schiltz, Carried by the following vote: Yeas-Mayor Pro Tem Andelfin- ger, Councilmen Jaeger, Roberts and Schiltz. Nays-None. Absent-Mayor Kane, Councilman Roberts moved that the concession privileges at the Mu- nicipal Athletic Field for the year 1935 be awarded to Cosley Bottling Company upon the same terms and agreemnt as last year, Seconded by Councilman Jaeger. Carried by the following vote: Yeas-Mayor Pro Tem Andelfin- ger, Councilmen Jaeger, Roberts and Schiltz. Nays-None. Absent-Mayor Kane. Councilman Roberts moved that the City Manager be instructed to investigate and ascertain if any Fed- eral Grant will be allowed,on public improvement contracts such as the improving of various streets by pav- ing. Seconded by Councilman Schiltz. Carried by the following vote: Yeas-Mayor Pro Tem Andelfin- ger•, Councilmen Jaeger, Roberts and Schiltz. Nays-None. Absent-Mayor Kane. ' There being no further business, Councilman Roberts moved to ad- journ. Seconded by Councilman Schiltz. Carried by the following vote: Yeas-Mayor Pro Tem Andelfin- ger, Councilmen Jaeger, Roberts and Schiltz. Nays-None. Absent-Mayor Kane. J, J. SHEA, City Clerk. Approved ......................................1935. Adopted ........................................1935. Councilmen ~ ........................................ Attest : ................................................. City Cleric. Special Session, February 18th, 1935