Loading...
1935 May Council Proceedings115 M. R. KANE, JOHN K. CHALMERS, Councilmen, Claim of Helen Dykeman, by Mrs. Anna Dykeman, in the amount of $500.00 for personal injuries received in falling on icy sidewalk east on Delhi Street by Irving School, pre- sented and read. Councilman Schiltz moved to re- fer the claim to the City Solicitor for investigation and report, Sec- onded by Councilman Roberts. Car- ried by the fallowing vote: Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None, Communicatien of Heinie Engel malting application far exclusive use of the Baseball Park for the hold- ing of about two shows per month for professional wrestling and box- ing exhibitions on the same rental basis as last year, presented and read. Councilman Jaeger moved that the request be granted, providing that Heinie Engel holds two shows per month for-a period of four months. Seconded by' Councilman Roberts. Carried by the following vote: Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberta, Schiltz. Nays-None, Councilman Roberts moved to re• ceive and file the communication of Ken Fenelon making application far rental of Baseball Park far athletic shows, Seconded by Councilman Schiltz. Carried by the following vote: Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts Schiltz, Nays-None, Petition of Joseph Reuter, refer- red to the City Council by the Board of Supervisors, requesting the sus- pension of the 1933 and 1934 taxes on South 50 feet of Lot 1 of 106 Union Addition, presented and read. Councilman Schiltz moved to re- fer the petition to the City Solicitor for investigation and report. Sec- onded by Councilman Chalmers. Car- ried by the following vote: Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberta, Schiltz. Nays-None. Petition of Dora Wullweber, re- ferred to the City Council by the Board of Supervisors, requesting the suspension of the 1934 taxes on the West 44 feet of Lot 52 in East Du- buque Addition, presented and read, Councilman Schiltz moved to re• fer the petition to the City Solicitor for investigation and report. Sec- onded by Councilman Chalmers, Car- ried by the following vote; Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. Petition of Howard Allen, Route No. 4, Dubuque, Iowa, requesting a free license to sell vegetables, etc„ on the streets of the City of Du- buque, presented and read. Councilman Schiltz moved to re- ceive and file the petition, Second- ed by Councilman Jaeger. Carried by the following vote: Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. Ordinance No. 7=35 An Ordinance amending Ordinance No. 5-35 entitled: "An Ordinance amending Ordinance Ne. 18-34 en• titled 'An Ordinance fixing and es- tablishing rates to be charged far the furnishing of electricity far resi- dential, commercial, power, and oth- er uses and purposes within the City of Dubuque, Iowa; prescribing a pen- alty for the violation thereof; re- pealing all ordinances and resolu- tions in conflict herewith; and de• Glaring an emergency';' by amend• ing Section 1 thereof as the same ap- plies to Schedules 1, 2, 4 and 5, by correcting errors which occurred in Schedules 4 and 5 and declaring an emergency, said ordinance having been passed upon first and second readings on April 22nd, 1935, pre• sented and read a third time. ORDINANCE N0. 7.35 An Ordinance amending Ordinance No. 5-35 entitled: "An Ordinance Special Session, Nlay 1st, 1935 - ~ CITY COUNCIL (Official) Special Session, May 1st, 1935, Council met at 4:25 P. M. • Present-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz, City 1VIanager Evans. Meeting called by order of Mayor Kane and Councilman Chalmers. Dubuque, Iowa, May 1, 1935. Te F. M. Jaeger, Councilman, Du- buque, Iowa. Dear Sir; You are hereby notified that a meeting of the City Council of the City of Dubuque, in the County of Dubuque, State of Iowa, will be held on the 1st day of May, 1935, at 4:00 o'clock P. M., at the City Hall, Du- buque, Iowa, within said City, for the purpose of considering and act- ing on a resolution directing ,the City Clerk of said City to cause public notice to be given of the pro- posed action of this Council to issue $9,500 Refunding Bonds of said City, and for the transaction of such other business as may came before the meeting. Respectfully, SCHEDULE 5 Commercial Water Heating Service These rates shall be available for commercial water heating with storage type water heaters of standard make and design, approved by the company, equipped with a suitable time switch supplied by the company, to control the hours during which the lower, or off- pealc element may be used. The off- pealc period or periods shall be deter- mined by the company and shall not be less than ten hours during any twenty- faur hour period. RATE: Energy used during the off-peak period shall be billed at lc per KWH net. Energy used during other periods shall be billed with, and on the same rate as other commercial service. PROMPT PAYMENT: Customers' monthly bills shalt be computed at the net rate, and there shall be added to the total net bill ten per cent (10%) thereof which shall be collected from customers who fail to pay the net bill within ten (10) days from date of bill. Par. 486. Section 3. This ordinance being deemed urgent and in the interest of the public peace and safety shall be in effect from and after its final pass- age, adoption and approval of the City Council of the City of Dubuque and publication as Provided by law. Passed upon first and second t•eadr ings this 22nd day of April, 1935. Passed, adopted and approved this 1st day of May, 1936. M. R, IfANE, Mayor. JOHN K. CHALMERS, W. S, ROBERTS, PETER SCHILTZ, F. M. JAEGER, Councilmen. Attest: J. J. SHEA, City Clerk. Published officially in the Telegraph- Herald and Times-Journal newspaper May 3rd, 1935. J. J. SHEA, City Clerk. Councilman Schiltz moved the ad- option of the ordinance. Seconded by~Councilman Jaeger. Carried by the following vote: Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None: April 27, 1935. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Attached is an in- voice from the Upper Mississippi Waterway Association in the sum of $50.00 for 1936 Membership Dues. This is an anual bill, set up in the 1935-6 budget and approved, but in the past Council has authorized the payment. The 1934 invoice of $50.00 was authorized to be paid by the Coun- cil on July 10, 1934. Respectfully submitted, R. M. EVANS, City Manager. Councilman Schiltz moved that tho recommendation of City Manager Evans be approved and that a war- rant in the amount of $50.00 be or- dered drawn on the City Treasurer in favor of the Upper Mississippi Waterway Association to cover mem- bership dues for the year 1935. Sec• onded by Councilman Jaeger. Car- ried by the following vote: Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. May 1, 1935. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have approved the following pol- icies and desire to have your ap- proval on same for filing;- EXCAVATION. Archie Levan, 2239 Central Ave- nue; Policy No. L.C.M.P. 1056, New Amsterdam Casualty Co. J Special Session, May 1st, 1935 117 SIGNS. I Charles K. Petrakis, 958 Central I Avenue; Policy No. IHP 8099009, The Travelers Insurance Co. Universal Car & Tractor Co., 930 Central Avenue; Policy No. A. P. 796191, American Surety Co. Interstate Finance Corp., 1473 Cen- tral Avenue; Policy No. O.. L. & T. 432672, Continental Casualty Co. Mary Callaghan, 28D Main Street; Policy No, 0. L, & T. 432671, Con- tinental Casualty Co. Fuhrman-Ttiller Co., 905 Central Avenue; Policy No. G, L. 371402, Hartford Accident & Indemnity Co. Kies Bootrie, 661 Main Street} Policy No. ILO 55464, Great Amer- ican Indemnity Co. Falkenhainer Drug Co., 1097 Jul• ien Avenue; Policy No. GL 6597, Utilities Insurance Co. Triangle Restaurant, 926 Main Street; Policy No. ILO 55467, Great American Indemnity Co, Sydney Haudenshield, 2170 Cen- tral Avenue; Policy No. 20P-208, The Aetna Casualty & Surety Co. Eisenegger's Tavern, 1105-7 Iowa St.; Policy No. GLA 803397, Amer- ican Surety Co. Stemm's Tavern, 1298 Main Street. K-M Supply Co., 145 Locust Street. A. A. Kochendorfer, 698 Cenh•al Avenue. Nelson's Tavern, 2400 Central Avenue. New Deal Tavern, 359 Main Street. Cunningham & Thompson, 253 West 1st Street. LaCrosse Breweries, Inc.; Policy No, 406709, Employers Mutual In- demnity Corp. Sign located at: Anna Mae Col- lins, 460 Central Avenue. Respectfully submitted, R. M. EVANS, City Manager, Councilman Jaeger moved that the policies be approved an$ placed on file. Seconded by Councilman Rob• erts. Carried by the following vote; Yeas -Mayor Ifane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. May 1, 1935. To the Honorable Maycr and City Council, Dubuque, Iowa. Gentlemen: We are requested by Mr. Chas. Mosser of the Dubuque Relief Organization to ask that the City Council grant them permission to use the Council Chamber on Tues- day and Saturday nights far approx- imately one month in the future during the hours 7:30 tb 9:30. The purpose of this desired use oY the City Hall is to provide a training course in First Aid to the relief workers within the City of Dubuque. The Dea Moines authorities now de- mand that this training be provided. If the Council desires to use the Council Chamber 'at any dates upon which this authorization may be granted, the Relief Organization will postpone their meeting. Mr. Mosser lives at 2435 Roosevelt Street, Phone Red 2082. Respectfully submitted, R, M, EVANS, City Manager, Councilman Roberts moved that the request be granted. Seconded by Councilman Schiltz, Carried by the following vote; Yeas -Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. May 1, 1936. To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: Attached are 9uota- tions concerning the Stop and Go overhead light authorized for the in- tersection of 20th and Central Ave• nue. The first quotation is ft•om the Crescent Electric Supply Company of Dubuque, including an overhead traffic light similar to the one at 14th and Locust Streets except that the west side of this lamp will be blanked, The total price for the de- livery to Dubuque of this light and control unit, including the plates, "Turn Left on Green," is $23990. Another quotation is from the Eagle Signal Corporation of Moline, Rlineis, which is now under the du- pervision of the Camewell Alarm System, and the price includes the same type of signal, the "Turn Left on Green" plates and lights and au automatic control for a total of $246.90. It is my recommendation that the authorization for the purchase of this unit be made to the Crescent Electric Supply Company of Du- buque as theirs was the lowest bid received. Respectfully submitted, R. M, EVANS, City Manager. Councilman Roberts moved that the recommendation of City Man- ager Evans be approved. Seconded by Councilman Schiltz. Carried by the following vote: Yeas -Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None, Resolution No. 62-35. Whereas, under date of December 1st, 1928, the City Council of the City of Dubuque, Dubuque County, Iowa, issued Playground Bonds to the amount of $27,500; of which bonds to the amount of $9,500 are payable at the option of said City on June 1, 1935; and 116 Special Session, May 1st, 1935 amending Ordinance No. 18-34 entitled 'An Ordinance fixing and establishing rates to be charged for the furnishing . of electricity far residential, commer- cial, power, and other uses and pur- poses within the City of Dubuque, Icwa; ~~ prescribing a penalty for the violation thereof; repealing all ordinances and resolutiens in conflict heretivith; and ~ declaring an emergency'," by amending - Section 1 thereof as the same applies to Schedules 1, 2, 4 and 5, by correcting errors which occurred in Schedules 4 and 5 and declaring an emergency. Whereas, in Ordinance No. 5-36, Schedule 4' is described as applying t0 "COMMERCIAL SERVICF. - OPTION- AL" when it should have applied to "RESH)ENTIAL WATER HEATING SERVICE," tiVhereas, in Schedules 4 and 6 the ward "nine" appears between the words "than" and "hours" instead of the word "ten"; and Whereas, it is deemed necessary and advisable to correct these errors and for that purpose Schedules 4 and 5 be and the same is hereby amended to read as follows: Par. 484. Section 1. That said ordi- nance as the same applies to Schedule 4 is hereby amended so that Schedule 4 will read as follows: SCHEDULE 4 Residential Water Heating Service These rates shall be available for residence water heating with water storage type heaters of standard make and design, approved by the company, equipped a=ith a suitable time switch supplied by the company to control the hours during which the lower, or otY- peak element may be used. The off- peak period or periods, shall be deter- mined by the company and shall not be less than ten hours during any twenty- four hour period. RATE: Energy used during the off-peak period shall be billed at lc per KWH net. Energy .used during other periods shall be billed with, and on the same rate as other residence service. PR011IPT PAYMENT: Customers' monthly bills shall be computed at the net rate, and there shall be added to the total net bill ten per cent (10%) thereof which shall be collected from customers who fail to pay the net bill lvithin ten (10) days from date of bill. Par. 485. Section 2. That said ordi- nance as the same applies to Schedule 5 is hereby amended so that Schedule 5 will read as follows: 118 Special Session, May 1st, 1935 Whereas, it is deemed advisable and for the best interests of said City to refund said $9,500 of bonds by the issuance and exchange of a like amount of Refunding Bonds bearing a lower rate of interest; dnd Whereas, before proceedings are instituted far the issuance of such Refunding Bonds, it is necessary that notice of such proposed action be given to the taxpayers of said City; now, Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque, Dubuque County, Iowa, as follows; Section 1, That it is hereby de- termined that it is advisable and for the best interest of said City to is- sue its Refunding Bonds in the amount of $9,500 far the purpose of refunding at a lower rate of interest a like amount of Playground Bonds which are payable at the option of said City on June 1, 1935. Section 2. That the City Clerk of said City be and he is hereby or- dered and directed to publish notice of the proposed action of this Coun- cil to institute proceedings for the issuance of $9,500 Refunding Bonds of said City for the purpose of re- funding and oxchanging at a lower rate of interest a like amount of Playground Bonds of said City which are to be surrendered on June 1, 1935. Such notice shall be published at least once in a news- paper of general circulation within said City, at least ten (10) days be• fore the meeting at which proposed action will be taken, and shall be in substantially the fallowing form,: PUBLIC NOTICE. Public notice is hereby given of the proposed action of the City Council of the City of Dubuque, Du- buque County, Iowa, to institute pro- ceedings for the issuance of $9,500 Refunding Bonds of said City for the purpose of refunding a life amount of Playground Bonds of said City. Notice is further given that such proposed action will be talren on the 13th day of May, 1935, at the Council Chamber in the City Hall, Dubuque, Iowa, at 4:00 o'clock P. M„ and that an appeal from such action may be taken to the Director of the Budget by filing a petition with the City Clerk at any time be• fore said date, signed by five or more taxpayers of said City and rot- ting forth their objections to such proposed action. BY ORDER OF THE CITY COUN- CIL OF THE CITY OF DU- BUQUE, IOWA. J, J. SHEA, City Clerk. Section 3. That this City Council shall meet on the 13th day of May, 1935, for the purpose of considering the objections, if any, to the pro- posed action of this Council to issue said Refunding Bonds and to adopt the necessary proceedings for the issuance of said bonds. Section 4, All resolutions or parts oP resolutions in conflict herewith be and the same are hereby re- pealed. Passed and approved May tat, 1935. M, R. KANE, Mayor. JOHN K. CHALMERS, W. S. ROBERTS, PETER SCHILTZ, F, M. JAEGER, Councilmen, Attest: J, J. SHEA, City Clerk, Councilman Chalmers moved the adoption of the Tesolution. Second- ed by Councilman Schiltz. Carried by the fallowing vote: Yeas -Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz, Nays-None. Verbal report of City Solicitor Czizek recommending the settlement of the personal injury claim of Celia Budden in the amount of $12.00. Said injury received in falling on side- walk at the northeast corner of Fif- teenth Street and Central Avenue presented. Councilman Chalmers moved that the recommendation of City Solic- itor Czizek be approved and that a warrant in the amount of $12.00 be ordered drawn on the City Treas- urer in favor of Celia Budden as settlement in full of her personal injury claim received in Palling on sidewalk at northeast corner of Fif- teenth Street and Central Avenue. Seconded by Councilman Roberts. Carried by the following vote: Yeas -Mayor Kane, Councilmen Chalmers, Jaeger, Roberta, Schiltz. Nays-None. Resolution No. 63-35. Whereas, James M. Sullivan is the owner of City Lot No. 46, otherwise lrnown as 997 Main Street; and Whereas, the structures thereon have been condemned under proper Proceedings of the City Council as dangerous buildings, and an arrange- ment has been made for the demol- ition of the same with Relief la- bor, but the owner thereof has exec- uted the demolition agreement on condition that he will be relieved of liability for damages to persons or property on account of such de- molition; and Whereas, it is deemed advisable that such damages, if any, be as- Session, May 6th, 1935 119 sumed by the City of Dubuque, Now, Therefore, Be It Resolved by the Council of the City of Dubuque, that any dam- ages which may occur to persons or property upon the streets or side- walks abutting said property during the progress of the demolition of the condemned buildings, which may be the result of negligence in the manner in which such work is done, be and the same is~ hereby assumed by the City of Dubuque. Passed, adopted and approved this 1st day of May, 1935. M. R. KANE, Mayor. JOHN K, CHALMERS, W. S. ROBERTS, PETER SCHILTZ, F, M. JAEGER, Councilmen, Attest; J. J. SHEA, City Clerlc. Councilman Jaeger moved the adoption of the resolution. Second- ed by Councilman Roberts. Carried by the following vote; Yeas -Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. There being no further business, Councilman Schiltz moved to ad- journ. Seconded by Councilman Jae- ger. Carried by the following vote: Yeas -Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. J. J, SHEA, City Clerk. Approved ......................................1935. Adopted ........................................1935. Attest : ................................................. City Clerk. CITY COUNCIL (Official.) Regular Session, May 6th, 1935. Council met at 7:40 P. M. Present-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz, City Manager Evans, Mayor I{one stated that this is the regular monthly meeting of the City Council far the purpose of acting upon such business as may properly come before the meeting. Claim of A, C, Reuschel in the amount of $45.00 for personal in- juries received in falling on ice cov- ered steps~at the corner of 17th and White Streets presented and read. Councilman Roberts moved to re- fer the claim to the City Solicitor for investigation and report, Sec- onded by Councilman Schiltz, Car- ried by the following vote: Yeas -Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None, Communication of Engineering Ex- tension Service, Iowa State College, Ames, Iowa, stating that the Fire School will be held at the Iowa State College on May 21, 22, 23 and 24, 1935, and inviting the Fire Chief and representatives of the Fire De- partment to attend the school pre• rented and read. Councilman Jaeger moved to re- ceive and file the communication, Seconded by Councilman Schiltz. Carried by the following vote; Yeas -Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. Petition of John Kleinschrodt, 2660 Queen Street, requesting that the walk leading to his home lo- cated at the end of Queen Street be put in a suitable condition to per-, mit mail delivery to his home lo- cated at the end of Queen Street presented and read. Councilman Roberts moved to re- fer the petition to the City Council. Seconded by Councilman Schiltz. Carried by the following vote: Yeas -Mayor Kane, Councilmen Chalmers, Jaeger, Roberta, Schiltz. Nays-None. Petition of W, H, Meurer request- ing that the Treasurer be instructed to accept all due assessment for paving against the easterly one-half of Lot 12, Jahn King's Dubuque, plus 6% interest, waiving penalty or ex- cess interest, presented sand read, Councilman Chalmers moved to refer the petition to the City Solic- itor for investigation and report. Seconded by Councilman Jaeger. Carried by the following vote; Yeas -Mayor Kane, Councilmen May 6, 1935. To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: I am submitting here- with reports of the City Auditor and City Treasurer for the month of April, 1935, also list of claims and list of payrolls for which warrants were drawn during the month of April, 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 Chalmers, Jaeger, Roberts, Schiltz, Nays-None, To the Honorable Mayor and Coun- cil of the City of Dubuque: Miss Hattie Greenhow fell upon an icy crass-walk at the corner of Pauiina Street on the South side of West Fifth Street and sustained a broken arm, on the 17th day of Jan- uaty, 1935, She filed her claim for damages. Tt is my recommendation that she be allowed the sum of $83.50 in full of such damages, and that a warrant for that amount be made payable to her. Respectfully submitted, M, H. CLIZEK, City Solicitor. Councilman Roberts moved that the recommendation of City Solic- itor Czizek be approved and that a warrant in the amount of $83.50 be ordered drawn on the City Treas- urer in favor of Miss Hattie Green• how as settlement in full of her per- sonal injury claim. Seconded by Councilman Schiltz. Carried by the following vote: Yeas -Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. Resolution No, 64-35. City Council of the City of Dubuque, Iowa: Whereas, it is apparent that exist- ing railroad street crossing protec- tion, at certain locations, is entirely inadquate, dangerous and subject to more modern control; and Whereas, it is deemed necessary by the City Council of the City of Dubuque, Iowa, in the interests of public safety and convenience, that the present inadequate crossing gate and watchman protection service be discontinued and that modern, ap• proved, electrically operating, flash- ing-light and stop signals be substi- tuted therefor, installed and oper- ated: Now, Therefore, Be It Resolved by the City Coun• cil of the City of Dubuque, Iowa, that the Chicago Great Western Railroad Company be and it is here- by ordered and directed to provide, install and operate modern, ap- proved, electrically operating, flash- ing-light and rotating disc stop cross- ing signals at each of the following named streets: Seventh, 8th, 11th, 12t1r, 13th, 14th, 15th, 16th, 17th and 19th Streets, Garfield, Rhomberg, Lincoln Ave• nues, East 22nd, Kniest and East 24th Streets, except that at 19th Street, an approved Hashing light and stop signal, without the rotating disc, may be installed and operated. That the new electric crossing sig- nals shall be operated at all times during each 24 hour daily period. That the new service shall be im- mediately started and shall be com- pleted and in use by August 1st, 1935. That wherever gates or flagmen are now in operation, said gates and flagmen shall be discontinued and removed, when the electric system herein provided for shall begin its operation. Be It Further Resolved that the City Clerk shall cause to be served on the said Chicago Great Western Railroad Company a copy of this resolution Passed, adopted and approved this 6th day of May ,1935. M, R. KANE, Mayor. JOHN K. CHALMERS, W. S. ROBERTS, PETER SCHILTZ, F, M. JAEGER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Schiltz moved the adoption of the resolution Second• ed by Councilman Jaeger. Carried by the following vote: Yeas -Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz, Nays-None. Regular Session, May 6th, 1935 121 Resolution No. 65-35 City Council of the City of Dubuque, Iowa Whereas, it is apparent that exist- ing railroad street crossing protec- tion, at certain locations, is entirely inadequate, dangerous and subject to more modern control; and Whereas, it is deemed necessary by the City Council of the City of Dubuque, Iowa, in the interests of public safety and convenience, that the present inadequate crossing gate and watchman protection service be discontinued and that modern, ap- proved, electrically operating, flash- ing•]ight and stop signals be substi- tuted therefor, installed and oper- ated: Now, therefore, Be it resolved by the City Coun- cil of the City of Dubuque, Iowa, that the Illinois Centro] Railroad Company be and it is hereby ordered and directed to provide, install and operate, modern, approved, electric- ally operating, flashing-light and ro- tating flisc stop crossing signals at each of the following named streets; Jones, First and Iowa, Second, Third and Fourth Streets. That the new electric crossing signals shall be operated at all times during each 24 hour daily period. That the new service shall be im- mediately started and shall be com- pleted and in use by August 1st, 1935, That wherever gates or flagmen are now in operation, said gates or flagmen shall be discontinued and removed, when the electric system herein provided for shall begin its operation. Be it further resolved that the City Clerk shall cause to be served on the said Illinois Central Rail- road Company a copy of this reso- lution. Passed, adopted and approved this 6th day of May, 1935. M. R. KANE, Mayor. JOHN K. CHALMERS, W. S. ROBERTS, 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 fallowing vote: Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz, Nays-None, Resolution No. 66-35 City Council of the City of Dubuque, Iowa Whereas, it is apparent that exist- ing railroad street crossing protec- tion at certain locations, is entirely inadequate, dangerous and subject to more modern control; and Whereas, it is deemed necessary by the City Council of the City .af Dubuque, Iowa, in the interests of public safety and convenience, that the present inadequate crossing gate and watchman protection service be discontinued and that modern, ap- proved, electrically operating, flash- ing-light and stop signals be substi- tuted therefor, installed and operat• ed; now, therefore, Be it resolved by the City Council of the City of Dubuque, Iowa, that the Chicago, Burlington & Quincy Railroad Company be and it is here- by ordet•ed and directed to provide, install and operate modern, ap• proved, electrically operating, flash- ing-light and rotating disc stop crossing signals at each of the fol• lowing named streets: Second, Third and Fourth Streets. That the new electric crossing sig- nals shall be operated at all times during each 24 hour daily period. That the new service shall be im• mediately started and shall be com- pleted and in use by August 1st, 1935. That wherever gates or flagmen are now in operation said gates or flagmen shall be discontinued and removed, when the electric system herein provided for shall begin its operation. Be it further resolved that the City Clerk shall cause to be served on the said Chicago, Burlington & Quincy Railroad Company a copy of this resolution, Passed, adopted and approved this 6tlt day of May, 1935. M. R. KANE, Mayor, JOHN K. CHALMERS, W. S. ROBERTS, PETER SCHILTZ, F. M. JAEGER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilmah Roberta moved the adoption of the resolution, Second- ed by Councilman Schiltz. Carried by the following vote: Yeas-Mayor Dane, Councilmen Chalmers, Jaeger, Roberta, Schiltz. Nays-None. 120 Regular Session, May 6th, 1935 Chalmers, Jaeger, Roberts, Schiltz. Nays-None. Communication of Vetep'ans of - Foreign Wars of United States rela- = five to the installing of Automatic Canteens in the City Hall, as the income from said canteens is used _ far relief to veterans presented and read. Councilman Roberts moved to re- fer the communication to the City Council, Seconded by Councilman Jaeger, Carried by the following vote: Yeas -Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schilti. Nays-None. 122 Regular Session, Nlay 6th, 1935 Resolution Na. 67-35 City Council of the City oY Dubuque, Iowa Whereas, it is apparent that exiat• ing railroad street crossing protec• tion, at certain locations, is entirely inadequate; dangerous and subject to more modern control; and Whereas, it is deemed necessary by the City Council of the City of Dubuque, Iowa, in the interests of public safety and convenience, that the present inadequate crossing gate and watchman protection ser- vice be discontinued and that mod- ern, approved, electrically operating, flashing-light and stop signals be substituted therefor, installed and operated: Now, therefore, Be it resolved by the City Coun• cil of the City of Dubuque, Iowa, that the Chicago, Milwaukee, St, Paul and Pacific Railroad Company be and it is herby ordered and di- rected to provide, install and oper- ate modern, approved, electrically operating, flashing•light and rotating disc stop crossing signals at each of the following named streets: Jones, First and Iowa, Second, Third, Fourth, Seventh, Eighth, Eleventh, Twelfth, Thirteenth, Four• teenth, Fifteenth, Sixteenth and Sev- enteenth Streets. That the new electric crossing sig• nals shall be operated at all times during each 24 hour daily period. That the new service shall be im- mediately started and shall be com- pleted and in use by August lot, 1935. That wherever .gates or flagmen are now in operation, said gates or flagmen shall be discontinued and removed, when the electric system herein provided for shall begin its operation. Be it further resolved that the City Clerk shall cause to be served on the said Chicago, Milwaukee, St, Paul and Pacific Railroad Company a copy of this resolution, Passed, adopted and approved this 6th day of May, 1936, M. R. KANE, Mayor. - JOHN K. CHALMERS, W. S. ROBERTS, PETER SCHILTZ, F. M. JAEGER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Chalmers moved t)}e adoption of the resolution. Second- ed by Councilman Jaeger. Carried by the following vote; Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberta, Schiltz. Nays-None. Resolution No. 68-35 A Resolution approving applica- tions for the sale of beer and auth• orizing the issuance of permits. Whereas, the City Council of the City of Dubuque has examined the applications which have been filed for permits for the sale of beer within the City of Dubuque and has approved such applications as apply to the persons herein named at the locations described herein; Now, Therefore, Be It Resolved by said Council that permits far the sale of beer within the City of Dubuque be and the same are hereby authorized and ordered issued as follows: CLASS "B" PERMIT. William E, Kretz (New), 504 Cen- tral Avenue. John F. Lehman (Renewal), 1602 Central Avenue. Charles T. Snyder (Renewal), 543 West 8th Street. Chris Capretz (Renewal), 2595 Rhomberg Avenue. Philipp Hollenberger (Transfer of address from 1097 Jackson Street), 1046 Central Avenue. CLASS "B" PERMIT FOR PRIVATE CLUB, Loyal Order of Moose (Renewal), 850 Iowa Street. CLASS "C" PERMIT. Harry Smith (Renewal), 235 West 3rd Street, Be It Further Resolved that the bonds filed with these applications be approved. Passed, adopted and approved this 6th day of May, 1935, M. R. KANE, Mayor. JOHN K, CHALMERS, W. S. ROBERTS, PETER SCHILTZ, F, M, JAEGER, Councilmen. Attest; J, J. SHEA, City Clerk. Councilman Schiltz moved the adoption of the resolution. Second- ed by Councilman Jaeger, Carried by the following vote: Yeas -Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz, • Nays-None. Councilman Roberts moved to sus- Pend the rules for the purpose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Schiltz. Carried by the following vote: Yeas -Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz, Nays-None. Messrs. Charles McLean and Dr. James Alderson, Trustees of the Special Session, May 13th, 1935 123 Free Public Library, addressed the Council petitioning for the approval of the City Council of their proposal for the demolishing of the old Ma- sonic Temple at the southwest cor- ner of 11th and Locust Streets, also the building south of the old Ma- sonic Temple, said buildings being the property of the City of Dubuque, said buildings when demolished to be replaced by parking. Councilman Schiltz moved that the prayer of the petitioners be granted. Seconded by Councilman Jaeger, Carried by the following vote: Yeas -Mayor I{one, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. Attorney Frank Gilloon, represent- ing Ken Fenelon, addressed the Council requesting the Council to re- consider their previous action in granting exclusive use of the Mu- nicipal Athletic Field to Heinie En- gel for the holding of wrestling and boxing shows and to modify the said agreement with Heinie Engel and grant the application of Ken Fene- lon for the rental of the Municipal Athletic Field in order that he may also hold wrestling and boxing shows. Councilman Jaeger moved to refer the request of Attorney Frank Gil- loon to the City Council. Seconded by Councilman Schiltz. Carried by the following vote: Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. There being no further business, Councilman Roberts moved to ad- journ, Seconded by Councilman Chalmers. Carried by the following vote; Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz, Nays-None. J. J. SHEA, City Clerk. Approved ......................................1936. Adopted ........................................1936. Councilmen: ~ ........................................ Attest : .................................................. City Clerk. CITY COUNCIL (Official) Special Session, May 13th, 1935. Council met at 4:40 P. M. Present-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts,' Schiltz, City Manager Evans. Meeting called by order of Mayor Kane and Councilman Roberts, Mayor Kane read the call and stat- ed that service thereof had been duly made and that this meeting is called for the purpose of conduct• ing a public hearing on the pro• posed action of the City Council to institute proceedings for the issu• ante of $9,500 Refunding Bonds of said City for the purpose of refund- ing alike amount of Play Ground Bonds of said City. Also' that at this meeting there will be introduced a Resolution entitled a Resolution to authorize the issuance of $9,600 Refunding Bonds of the City of Du- buque, Dubuque County, Iowa. Such other business will be acted upon as may properly come before a regu- lar meeting of the City Council. Proof of publication, certified to by the publishers, of the proposed action of the City Council to insti- tute proceedings for the issuance of $9,500 Refunding Bonds for the purpose of refunding a like amount of Play Ground Bonds of said City, presented and read, Councilman Jaeger moved to re• ceive and file the proof of publica• tion. Seconded by Councilman Schiltz. Carried by the following vote: Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. Resolution No. 69..-35. To author- ize the issuance of $9,500 Refund• ing Bonds of the City of Dubuque, Dubuque County, Iowa, presented and read, Councilman Jaeger moved that the resolution be placed on file for pub- lic inspection. Seconded by Council- man Schiltz. Carried by the fol- lowing vote: Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberta, Schiltz, Nays-None. Council Proceedings for the month of March, 1936, presented for ap• proval. Councilman Schiltz moved that the Council Proceedings for the month of March, 1935, be approved as print- ed, Seconded by Councilman Jaeg• er. Carried by the following vote: Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. 124 Special Session, May 13th, 1935 Petition of Memorial Day General Committee requesting the City Coun- cil to make the same contribution toward the public observance of Memorial Day as was last made in 1933, presented and read. Councilman Schiltz moved that the prayer of the petition be granted and a donation of $200.00 be ordered given and that a warrant in the amount of $200,00 be ordet•ed drawn on the City Treasurer in favor of the Memorial Day General Commit- tee to cover the amount of the do- nation. Seconded by Councilman Roberts, Carried by the following vote: Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. Returns of service, subscribed and sworn to, by Charles Post, Police Officer, that he served copies of the attacked resolutions upon the Chi• toga, Mihvaultee, St. Paul ~ Pacific Railroad Company, the Chicago, Bur- lington and Quincy Railroad Com• pony, the Illinois Central Railroad Company, and the Chicago Great Western Railroad Company, ordering and directing the various railroad companies to provide, install and operate modern,~approved, electrical- ly operating, flashing-light and rotat- ing disc stop crossing signals at their various crossings as set out in the various resolutions, presented and read, Councilman Jaeger moved that the retnrna of service be made a rnatter of record, Seconded by Coun- cilman Schiltz. Carried by the fol- lowing vote; Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. Communication of Patrick D. Nes- te], 2432 Linden Place, Chicago, Illinois, stating that he desires to run a safety lane in the City of Dubuque for the checking of brakes, lights, etc„ on automobiles, present- ed and read. Councilman Schiltz moved to re• ceive and file the communication. Seconded by Councilman Jaeger. Carried by the following vote: Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. Communication of the Upper Mis• sissippi Waterway Association en- closing membership receipt for the City of Dubuque, presented and read. Councilman Schiltz moved to re- ceive and file the communication, Seconded by Councilman Chalmers. Carried by the following vote: Yeas-Mayor Kane, Councilmen I Chalmers, Jaeger, Roberts, Schiltz. Nays-None. Reports of the Board of Health for the months of December, 1934, and January, 1935, presented. Councilman Chalmers moved that the reports of the Board of Health far the months of 'December, 1934, and January, 1935, be received and placed on file. Seconded b_y Coun- cilman Schiltz. Carried by the fol- lowing vote: Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. Report of the City Water Depart- ment for the month of April, 1936, presented, Councilman Chalmers moved that the report of the City Water Depart- ment for the month of April, 1936, be received and placed on file. Sec• onded by Councilman Roberts. Car- ried by the following vote: Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz, Nays-None. Petition of Martin M. Huber, et al, committee for the Dubuque Cadet Band, requesting the use of the Ath- letic Field on the night of July 16th for the holding of a band concert and feature program, and in case of inclement weather the night of July 17 to be reserved, presented and read. Councilman Schiltz moved to sus- pend the rules for the purpose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Second- ed by Councilman Jaeger. Carried by the following vote; Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. Mr. S. C. I)ovi addressed the Council relative to the petition re- questing permission to use the Ath- letic Field for the holding of a band concert and feature program on the night of July 16th. Councilman Roberts moved that the prayer of the petition be grant- ed, they to pay the cost for the' lighting of the Athletic Field. Sec• onded by Councilman Schiltz. Car- ried by the following vote: Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. Petition of Klee Hayes requesting the City Council to authorize the macadamizing of the 1D0 foot alley- way running from the south end of Roland Street to that alleyway which connects Weat Third Street and Langworthy Avenue and atat• ing that on acount of obstructions placed in said alley and the condi- tion of the alley that traffic is com- pelled to travel over his property Special Session, May 13th, 1935 125 ruining the same, presented and read, Councilman Roberts moved to re- fer the petition to the Council. Sec• onded by Councilman Schiltz. Car- ried by the following vote: Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz, Nays-None, Proof of publication, certified to by the publishers, of the list of claims for which warrants were drawn during the month of April, 1935, presented and read, Councilman Chalmers moved to receive and file the proof of pub- lication. Seconded by Councilman Roberts. Carried by -the following vote: Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. Petition of John S. Mayerle re- questing arefund of $10.00 on his restaurant license as he has also taken out a hotel license as under the terms of the license Ordinance No. 4-33 he is entitled to a refund on his restaurant license, presented and read, Councilman Jaeger moved that the prayer of the petition be grant- Od and a wat•rant in the amount of $10.00 be ordered drawn on the City Treasurer in favor of John S. Mayerle to cover the amount of said refund. Seconded by Council- man Schiltz. Carried by the follow- ing vote: Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. May 9, 1936. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Following the letter of the writer to the City Council, dated April 4, 1936, regarding the right of the Dubuque Poster Com- pany to maintain billboards on Raf- ferty Slough, south 'of Railroad Street, without payment of any yearly fees, the writer was asked to furnish full information on 'this agreement. Accordingly, please find the following information: FROM CITY COUNCIL REC- ORDS, NOVEMBER 20, 1923, PAGE 788 OF MINUTES: "Petition of the Dubuque Poster Advertising Company asking that they be allowed to erect billboards on the sand fill, formerly Rafferty Slough, presented. Councilman Schrempf moved that the petition be laid on the table. Seconded by Councilman Gabriel. Carried by the fallowing vote: Yeas-Mayor Alderson, Council- men Gabriel, Schrempf. Nays-None. Absent-Councilmen Brede, Mel• chior." FROM CITY COUNCIL REC• ORDS, DECEMBER 10, 1923, PAGE 821 OF MINUTES: "Petition of the Dubuque Poster Advertising Company asking per• mission to erect billboards on the sand fill (formerly Rafferty Slough), presented. Councilman Melchior moved that the petition be referred to the City Manager, Mayor Alderson and Councilman Brede, Second• ed by Councilman Schrempf. Car• ried by the following vote: Yeas-Mayor Alderson, CounciL• men Gabriel, Melchior and Schrempf. Nays-None. Absent-Councilman Brede." I have searched the records of 1924 and find no agreement that was authot•ized by the City Council, How- ever, as stated in the motion passed December 10, 1923, City Manager Carr had evidently made a verbal agreement with Mr. Louis Murphy, head of the Dubuque Poster Com- pany, to the effect that the Dubuque Poster Advertising Company could construct and maintain billboards, up to 10 in number, on the newly filled subdivision site for sale to the public, located in Rafferty Slough, south of Railroad Street; that there would be-no rental charge for these 10 boards conditioned that one board would be used to advertise industrial sites for sale by the City. This information is obtained from correspondence with Mr, Sigman and Mr. Carr in June, 1920, after Mr. Carr left for Fort Worth. This ver- bal agreement was verified by Mr. Carr. Attached is a copy of a let- ter, dated October 21, 1932, from Mr, Louis Murphy. Apparently there was no period designated as to how long these boards could be erected, but there was a statement that there would be no fee charged by the City to Mr. Murphy conditioned on his main- taining the single sign board adver- tising industrial sites for the City. In June, 1927, Mr, Sigman con- tacted the farmer Councilmen, Mr. Brede and Dr. Alderson, and they ]tnew nothing of this agreement and could not verify the same. Respectfully submitted, R, M. EVANS, City Manager. Councilman Roberts moved that the communication be referred back to City Manager Evans for investiga• ,,r`. yr ..~i.. I ., 126 ecial Session, May 13th, 1935 tion and for a report to be made to the City Council on the statue of all billboards erected on City owned property. Seconded by Coun- cilman Schiltz. Carried by the fol- lowing vote; Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberta, Schiltz. Nays-None. May 11, 1935. To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: We ask your consid- eration as to the street car tracks at present abandoned that are to be removed and the paving replaced for this calendar year by the Interstate Power Company. Thirteenth Street from Main to Central Avenue is in a very bad vehicular condition. It is our aim, however, to try to secure Federal aid for the relaying of these two blocks of paving, including the en- tire street from curb to curb, and there would be no cost to the Power Company except the removal of the rails and ties. .For this project there will be sufficient brick, we estimate, from the Rhomberg Avenue tracks. Additional tracks that should be given consideration and for which we ask your authority tc contact the Interstate Power Company, would include: 1. 15th Street from Central to Main. 2. Julien Avenue front Alpine to Delhi, 3, Delhi Street from Julien Ave- nue to St. Ambrose. However, before Delhi Street is consid- ered, it is suggested that Route No. 20 from the west end of West Locust to Delhi Street be given consideration. 4, Shires Avenue should also have the rails removed, especially at the crossing at the west end of the brick. We desire your decision as the Power Company are nearly ready to start removal of this agreed two miles per year, Respectfully submitted, R, M. EVANS, City Manager. Councilman Jaeger moved that the ~ recommendation of City Manager Evans be approved. Seconded by Councilman Schiltz. Carried by the following vote: Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. May 11, 1935. To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: At the Council meet- ing of April 26th a regnest was pre- sented to the City Council for per- mission to erect a filling station at the southwest corner of 17th and Central Avenue. The decision of the Council teas that they view this site before the filling station be auth- orized. The writer wishes to advise you that Article 9, Section D, of the Zon- ing Ordinance reads as follows: "No part of any filling station or of any public garage shall be er- ected in a zone, in which such structures are permitted, within 200' of any lot upon which is lo- cated a church, hospital, school, institution, theatre or assembly hall." As you probably know, the First Presbyterian Church is located on the southeast corner of Iowa and 17th Streets and is directly west and across a 20' alley from this lot on which the filling station is de- sired. Accordingly, it would seem that it i~ necessary to deny this re- quest and it will not be necessary far the Council to view this site. Respectfully submitted, R. M, EVANS, City Manager. Councilman Schiltz moved that the request for the erection of a fill- ing station at the southwest corner of 17th Street and Central Aveuue be denied and that the communica- tion of City Manager Evans be made a matter of record. Seconded by Councilman Jaeger. Carried by the following vote`. Yeas -Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz, Nays-None. May 11, 1935. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: On May 6th 'a letter from Mr. W. H. Meuser, dated May 4th, requesting that the City Treas- urer be authorized to accept all due assessments for paving against the easterly r/2 of Lot 12 of John King's Dubuque Addition on the basis of paying the assessment principal plus 6% interest was considered by the Council and refetTed to the City So• ]icitor for report, At the informal meeting of May 4th Mr. Czizek recommended the ap- proval of this request of Mr, Meuser. Accordingly, the decision of the City Council was that the prayer of the petition be granted. Respectfully submited, R. M, EVANS, City Manager. Councilman Schiltz moved that the decision of the City Council be approved and the Treasurer in- structed accordingly. Seconded by Special Session, May 13th, 1935 127 Councilman Chalmers. Carried by the following vote; Yeas -Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. May 11, 1935. Tc the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: By action of the City Council, the Recreational Direcfor was requested to secure and report to Council immediately a statement with the total earnings, total expen• ditures and net profit made on the local Baseball League for last year and the year previous, and hereafter reports are to be submitted to the City Council each month regarding the net earnings made by this league, Respectfully submitted, R. M. EVANS, City Manager. Councilman Schiltz moved that the report of the action of the City Council be approved: Seconded by Councilman Jaeger, Carried by the following vote: Yeas -Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. May 11, 1935, To the Hbnorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the informal meet- ing of May 10th there was presented to the City Council a letter from Mr, Leo T. Gregory, Chairman of the Recreation Commission, advising that the Recreation Commission, at their regular meeting in April, had taken action to increase the month- ly fee far the Recreational Director's car allowance from $18.00 to $3D.00 per month fm' the balance of the fis- cal year 1935.36. Following the reading of this let- ter, the statutes were checked and it was determined that the Recrea- tion Commission has the power to change certain of their separate bud- get items as long as the increase is allotted to some other fund within the total appropriation for that par- ticular department. In the general budget for the Recreation Depart- ment for the year 1935.36 there was allotted for reserve and previous year's expenditures that were not paid due to lack of funds, the sum df $1,053.00, In the month of April there was paid $753.08 which now wipes out all previous year's bills that were unpaid. It now seems that the $12.00 per month increase start- ing April, 1935, to March, 1936, or $144.00, can be allotted to this re- serve fund. By action of the Council, the Rec- reation Department was instructed to absolutely live within its budget this year and in the future years to came and that no supplies were to be purchased or agreements made far service for the fiscal year which could not be paid from anticipated revenues allotted in the budget. Respectfully submitted, R. M. EVANS, City Manager. Councilman Schiltz moved that the report of the action of the City Coun- cil be approved. Seconded by Coun- cilman Jaeger. Carried by the fol- lowing vote: Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. May 11, 1935. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Attached is a letter from Mr. C. W. Storms, Auditor of State, in regard to the Council's de- sire to get an opinion from the State Examiner regarding the $100.00 fee that was orally discussed by Mr. Kooser in 1933 and Was recommend- ed not to be paid by the Water De• partment to the Dubuque Traffic As- sociation, The opinion from the Auditor of State, Mr, Storms, now indicates that the Water Department only can pay this bill if it is determined that service secured from this Associa- tion is worth as much as the $100.00 per year fee. Accordingly, it appears that the Water Department is now authorized to make this payment. Respectfully submitted R. M. EVANS, City Manager. Councilman Schiltz moved to refer the communication to the Superin- tendent of the City Water Depart- ment for a report to be made back to the City Council, Seconded by Councilman Chalmers. Carried by the fallowing vote: Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberta, Schiltz. Nays-None. May 11, 1935, To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that a letter dated May 9th was re- ceived from the Auditor of State, Mr, C. W. Storms, advising that State Examiners would be sent to Dubuque within a few weeks for the completion of the reports for the fiscal years 1933.34 and 1934.35. Yours very truly, R, M. EVANS, City Manager. Councilman Schiltz moved to re- 128 Session, May 13th, 1935 ceive and file the communication oY City Manager Evans. Seconded by Councilman Jaeger, Carried by the following vote: Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. May 11, 1935. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the informal Coun- cil meeting held May 10th the ques• tion was discussed as to the neces• sity of ono additional overhead stt•eet light at the sharp curve west of the last light on Kaufmann Ave- nue. Tentative approval was made of the necessity of this one addi- ticnal light on Kaufmann Avenue. Upon investigation today it ap• pears that the location for this addi- tional light is approximately 700' west of the present light, just west of the entrance to the Water Works, The recommended location is at the middle of a sharp curve, to the left about 15D' northeast from a new house built by Mr, Spiegelhaltet•, If this light were installed at this loca- tion, it would provide illumination for street vehicular traffic and pedes- trian traffic to the west for a long slightly curved section and would serve as illumination for a house on the hill west of Spiegelhalter's and another house northwest from Spie- gelhalter's house. It would also ben- efit the occupants of house No. 1826 which is directly east of Spiegel- halter's. Tn order to make the proper pro- vision for lighting, it is also recom- mended that the present lamp at the entrance to the Water Works be moved one pole to the west to be approximately in the middle of this curve turning to the light going west. By the moving of this present light and the installation of a new light at the sharp curve, the two lights would be approximately 600' apart and would provide sufficient service for this portion of Kaufmann Avenue. Respectfully submitted, R, M. EVANS, City Manager. Councilman Chalmers moved that the recommendation of City Man- ager Evans be approved. Seconded by Councilman Jaeger. Cat•ried by the following vote: Yeas -Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None, May 11, 1935. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: A request has been made that the boulevard light on the south side of West 15th Street, about 30' west of the Central Ave- nue west property line, be again lighted. This lamp has been turned off for over two years and was not authorized by the writer to be again lighted when the Central Avenue lights were turned on to the num- ber of six in each block. The instal- lation costs of this light were borne by Mr, Al. Hoffmann 'and formerly the City paid for the current for this light. Accordingly, your consideration and opinion is desired as to whether or not this light should be again turned on. Respectfully submitted, R. M. EVANS, City Manager. Councilman Jaeger moved to refer the request to the City Manager for investigation and to report back to the City Council, Seconded by Coun- cilman Roberts, Carried by the fol- lowing vote: Yeas -Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz, Nays-None. Resolution No. 70-35. A Resolution approving applica- tions for the sale of beer and ~~th- otizing the issuance of permits. Whereas, the City Council of the City of Dubuque has examined the applications which have been filed fm• permits for the sale of beer within the City of Dubuque and has approved such applications as apply to the persons herein named at the locations described herein: Now, Therefore, Be It Resolved by said Council that permits for the sale of beer within the City of Dubuque be and. the same are hereby authorized and ordered issued as follows: CLASS "C" PERMIT, Joseph Grab, 1583 Central Avenue. Be It Further Resolved that the bonds filed with these applications be approved, Passed, adopted and approved this 13th day of May, 1935. M, R. KANE, Mayor. JOI3N K, CHALMERS, W. S. ROBERTS, 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 Kune, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. Councilman Roberts moved that the City Council rescind their for- ecial Session, May 20th, 1935 129 mer action in granting the exclusive use of the Athletic Field to Heinie Engel for the holding of wrestling and boxing exhibitions and that the City Manager be instructed to ad- vertise for bids far the exclusive use of the Athletic Field for the holding of wrestling and boxing exhibitions during the months of June, July, August and September, 1935, the minimum number of exhibitions to be held to be placed at eight, said bids to be received until 11 o'clock A. M, on May 20th, 1935. Seconded by Councilman Chalmers. Carried by the following vote: Yeas -Mayor Kane, Councilmen Chalmers, Jaeger, Roberts; Schiltz, Nays-None. There being no further business, Councilman Schiltz moved to ad- journ. Seconded by Councilman Chalmers, Carried by the following vote: Yeas -Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. J. J. SHEA, City Clerk. Approved ......:.............................1935 Adopted ........................................1935. Councilmen; { ..........:............................. Attest : .................................................. City Clerk. CITY COUNCIL Special Session May 20th, 1935, . Council met at 4:10 P. M. Present-Maybr Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz, City Manager Evans. Meeting called by order of Mayer Kane and Councilman Roberta, Mayor Kane read the call and stated that service thereof had been duly made and that this meeting is called for• the purpose of con• ducting a public hearing upon a proposal to amend and change the Zoning Map of said City as the same applies to certain districts provided far therein as follows: 1-To change from "Two Family Residence District" to "Local Buai• ness District" Lot No. 22 part of William Blake's Addition, and Lots No. 25B and 26B, part of A. P, Wood's Subdivision. 2-To change from "Single Family Residence Dis• trict" to "Local Business District" Lots No. 23 to 32, both inclusive, part of William Blake's Addition; Lots No. 1 and 2 of University Place; and Lot No. 24C, part of A. P. Wood's Subdivision. Also at said meeting there will be considered for final adoption Resolution No. 69=35 to authorize the issuance of $9,500 Refunding Bonds of the City of Du• buque, Dubuque County, Iowa. Such other business will be acted upon as may properly come before a reg- ular meeting of the City Council, Proof of publication, certified to by the publishers, of the notice of public hearing upon a proposal to amend and change the Zoning Map of the City of Dubuque as the same applies to certain districts provided far therein as follows: 1-To change from "Two Family Residence Dis• trict" to "Local Business District" Lot No. 22 part of William Blake's Addition, and Lots No. 26B and 26B, part of A. P. Wood's Subdivision, 2-To change from "Single Family Residence District" to "Local Busi• ness District" Lats No. 23 to 32, both inclusive, part of William Blake's Addition; Lota No. 1 and 2 of Uni• versity Place; and Lot No. 24C, part of A. P. Wood's Subdivision, pre• sented and read. Councilman Chalmers moved to receive and file the proof of publi- cation. Seconded by Councilman Schiltz. Carried by the following vote: Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz, Nays-None, 't :' r. r'. -~ 130 Special Session, May 20th, 1935 Resolution No. 69-35 TO AUTHORIZE THE ISSUANCE OF $9,600 REFUNDING BONDS OF THE CITY OF DUBUQUE, DUBUQUE Ct7iTNTY, IOWA. Whereas, the City of Dubuque, in the County of Dubuque, State of Iowa, has outstanding legal, binding and subsisting indebtedness to an amount oP $9,600 evidenced by Play ground Bonds of said city in all re• apects duly, properly and legally is. sued by said city under date of De• cember 1, 1928; and Whereas, said bonds are now out- standing and are payable at the op~ lion of said city on June 1, 1935, and it is to the best interests of said city to refund said outstanding bonds by the issuance of a like amount oY Refunding Bonds bearing a lower rate of interest and said outstand- ing bonds have never been adjudi• cated to be invalid and have not at any time been in litigation; and Whereas, notice of the proposed action of this 'council to institute proceedings for the issuance of the bonds hereinafter authorized was duly published on the 2nd day of May, 1935, in the "Telegi~ph-Herald and Times-Journal," a newspaper of general circulation within said city, as required by Chapter 23, Code of Iowa, and no petition objecting to such proposed action was filed; now therefore Be it resolved, by the City Coun- cil of the City of Dubuque, Dubuque County, Iowa: Section 1. That for the purpose of refunding at a lower rate of in- terest said Playground Bonds dated December 1, 1928, there are hereby ordered issued and authorized the negotiable coupon bonds of said city to the aggregate amount of $9,500. Section 2. That 'the bonds hereby authorized to be issued be denomin- ated Refunding Bonds, be of the fol- lowing denominations: Bonds num- bered One (1) to Nine (9) inclusive of the denomination of $1,000 each and bond number Ten (10) of the denomination of $500, bonds to be ~~ numbered consecutively from One (1) to Ten (10), bath numbers in• elusive, be dated June 1, 1935, and become due and payable in their numerical order as follows: $3,000 December 1,1936; $3,000 De- cember 1, 1936; $3,600 December 1, 1937. That such bonds bear interest at the rate oY Two and Three•quarters (2~'a%) Per centum per annum, pay- able semiannually on the first days of June and December of each year and at maturity, the interest to be evidenced by proper coupons at- tached to each of said bonds and that both principal and interest be payable at the office of the City Treasurer, Dubuque, Iowa. Section 3. That each of said bonds be subject to registration as to prin• cipal in the name of the holder on the books of the Cfty Treasurer, such registration being noted upon each bond so registered, and after such registration payment of the principal thereof shall be made only to the registered holder. Any bonds eo registered, upon the request in writing of such holder, personally or by attorney in fact, may be trans• (erred either to a designated trans- feree or to bearer, and the principal of any bonds eo transferred and registered to bearer shall thereupon be and become payable to bearer in like manner as if such bond had never been registered. Registration of any bonds as to principal shall not restrain the negotiability of the coupons thereto attached by delivery merely. Section 4. That such bonds and coupons and provisions for registra- tion be in substantially the follow- ing form: , (Form of Bond) UNITED STATES OF AMERICA STATE OF IOPIA, COUNTY OF DUBUQUE CITY OF DUBUQUE REFUNDING BOND No ................. $................ The City of Dubuque, in the Coun- ty of Dubuque, and State of Iowa, for value received promises to pay to bearer .................................................... Dollars, lawful money of the United States of America, on December 1, 19......, with interest on said sum from the date hereof until paid, at the rate of Two and Three•quartera per centum per annum, payable semi-annually on the first days of June and December of each year, on presontation and surrender of the interest coupons hereto attached; both principal and interest payable at the office of the City Treasurer, Dubuque, Iowa, and for the prompt payment of this bond, both prin- cipal and interest at maturity, the full faith, credit and resources of said city are hereby irrevocably pledged. This bond is issued by the City of Dubuque, for the purpose of re- funding alike amount of its legal, binding and subsisting indebtedness evidenced by bonds in all respects duly, legally and properly issued and outstanding at the date of the passage of the resolution herein+ after mentioned, pursuant tc the pro• visions of Section 6262 et seq„ Chap• ter 320 of the Code of Iowa, and in Special Session, May 20th, 1935 131 conformity to a resolution of the Council of said city introduced on the 13th day of May, 1935, and fin- ally passed and adopted on the 20th day of May, 1935, And it is hereby Certified and Re- cited: That all acts, conditions and things required by the laws and con- stitution of the State of Iowa, to be done precedent to and in the issue of this bond have been properly done, happened and been performed in regular and due farm as required by law, and that the total indebted- ness of said city, including this bond, does not exceed the constitutional or statutory limitations. This bond is subject to registra- tion as to principal in the name of the holder on the books of the City Treasurer of said city, such regis- tration to be evidenced by notation of said Treasurer on the back here- of, and after such registration no transfer hereof, except upon such books and similarly noted hereon, shall be valid unless the last regis- tration shall have been to bearer, Registration hereof shall not affect the negotiability of the coupons hereto attached, which shall con- tinue negotiable by delivery merely. In Testimony Whereof, said city, by its Council, has caused this bond to be signed by its Mayor, and at- tested by its City Clerk, with the seal of said city affixed, and the coupons hereto attached to be exe• cuted by said Clerk by his facsimile signature, which officer, by the exe• cution hereof, does adopt as and for his signature his facsimile signa- ture appearing on said coupons, all as of the first day of June, 1935. ......................................................... Mayor, Attest : .................................................... Clerk. (Form of Coupon) DUBUQUE, IOWA. No ................. $ On the first day of ............................... 19.., the Treasurer of the City oY Dubuque, Dubuque County, Iowa, tivill pay to bearei .................................... Dollars, at the office of the City Treasurer, Dubuque, Iowa, for in- terest due that date on its Refund- ing Bond, dated June 1, 1935. No. City Clerk. (Form for registration of ownership) Name of Signature of Date of Registered City Registration. Owner. Treasurer ..................... i On the back of each band there shall be endorsed the certificate of the City Treasm•er in the following form: State of Iowa ,County of Dubuque ss This bond duly and properly reg- istered in my office as of the First day of June, 1935. .............................................. City Treasurer. Section 5. That such bonds shall be signed by the Mayor and attest- ed by the City Clerk, with the seal of said City affixed. The interest coupons attached thereto shall be at- tested by the facsimile signature of the City Clerk. After being exec-, uteri as above provided, said bonds shall be delivered to the Treasurer of said City to be by him registered as provided by Sec. 6256, Code of Iowa, and said Treasurer shall sign the certificate hereinbefore set out and endorsed upon the back of each of said bonds, and he shall thereupon deliver said bonds to the owners of the Playground Bonds to be refund- ed,in exchange for said Playground Bonds and simultaneously with the delivery of, said Refunding Bonds herein authorized to be issued said outstanding Playground Bonds here- in proposed to be refunded, shall be cancelled, the intention being to change but not to increase the in- debtedness of said City. Section 6. That, in order to pro- vide for the collection of a direct annual tax sufficient to pay the in- terest on such bonds as it falls due, and also to pay and discharge the principal thereof at maturity there be and there is hereby levied upon all taxable property within said city, in each year while any of said bonds are outstanding, a direct annual tax sufficient for that purpose, and that there be 'and there is hereby levied upon all taxable property within said city a tax sufficient to raise the fol- lowing sum for the following years, to-wit: For the year 1935 the sum of $3,178.75, for interest and principal; For the year 1936 the sum of $3,696.25 for interest and principal, Said taxes when collected shall be converted into a special fund for the payment of principal and interest of '~ z, ~.i '~~ .i 132 Session, May 20th, 1935 the bonds hereby authorized and for no other purpose whatsoever. That the principal or interest com- ing due at any time when thet•e are insufficient funds on hand to'pay the same be promptly paid when due from current funds on hand, and re- imbursement be made to such cur- rent funds in the sums thus ad- vanced when the taxes herein pro- vided shall have been collected, Section 7. That the levy of taxes to the amount of ,$3,130.63 made in 1934 for collection in 1935 to pay the principal and interest on the Play- ground Bonds herein proposed to be refunded due and payable on Decem- ber 1, 1935, is hereby appropriated and set aside and shall be used only for the purpose of paying the in- terest on the Refunding Bonds here- in authorized due and payable on December 1, 1935, as well as the principal due on said date. Sectien 8, That a certified copy of this resolution be filed with the County Auditor of Dubuque County and that said Auditor be and he is hereby instructed in and for each of the yearn 1935. and 1936 to enter for collection and assess the tax hereby authorized. Section 9. That all resolutions or parts of resolutions in conflict here- with be and the same are hereby repealed. Introduced and ordered placed on file with the City Clerk for public inspection May 13th,, 1935. Passed and approved May 20th, 1936, M. R, KANE, Mayor, JOHN K. CHALMERS, W. S. ROBERTS, PETER SCHILTZ, F. M. JAEGER, Councilmen. Attest: J. J. SHEA, Clerk. Councilman Schiltz moved the ad- option of the resolution, Seconded by Councilman Jaeger. Carried by the following vote:. Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberta, Schiltz, Nays-None. Petition of J. S, Porter requesting the use of the Ball Park on the evening of May 31st, 1935, for the purpose of hearing a public speak er on the 'subject of "The Town- send Plan" Old Age Revolving Pen- sion, presented and read. Councilman Schiltz moved that the prayer of the petition be grant- ed and a fee of $16.00 be paid and also the coat of electric lighting of the Ball Park. Seconded by Coun• Gilman Jaeger, Councilman Chalmers amended Councilman Schiltz's motion that the $15.00 fee be paid one week in advance. Seconded by Councilman Roberts, Carried by the following vote: Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz, Nays-None. Original motion of Councilman Schiltz carried by the following vote: Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. Communication of Richard Fuhr- man requesting ,the City Council to give him some assistance in pre• serving his property as the result of the demolishing of two frame buildings adjacent to his property owned by the McGregors and wrecked upon the instigation of the City officials, presented and read. Councilman Roberts moved to re• fen the communication to the City Council. Seconded by Councilman Chalmers. Carried by the following vote: Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. Petition of Geo. Hanson, referred to the City Council by the Board of Supervisors, requesting the suspen• sion of the 1933 and 1934 taxes on Lot 1 of 10 of McCraney's 1st Ad- dition, presented and read. Councilman Schiltz moved to re• fen the petition to the City Solicitor far investigation and report. Sec- onded by Councilman Jaeger, Car• ried by the following vote: Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. Petition of Wayne B. Schrunk, re• ferred to the City Council by the Board of Supervisors, requesting the cancellation oP the 1934 taxes on S. 45 feet of Lot 6 Porter's Addition, presented and read. Councilman Schiltz moved to re- fer the petition to the City Solicitor for investigation and report. Sec• onded by Councilman Jaeger. Car- ried by the following vote: Yeas=Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Naye-None. Petition aY Johnson High Teet Oil Company requesting permission to erect flood lights on a pole at the southeast corner of 10th and Locust Streets, the Itght to be projected senses the sidewalk and onto the Service Station of the Johnson High Test 011 Company, presented and read. Councilman Schiltz moved that the prayer of the petition be granted. ecial Session, Seconded by Councilman Jaeger. Carried by the following vote; Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz, Nays-None. Proofs of publication, certified to by the publishers, of the notice oY levy aP special assessment and in- tention of the City Council to issue bonds for the construction of an eight inch vitrified the sanitary sew• er in Cox Street from the manhole In West Fourteenth Street to Chest- nut Street and in Chestnut Street easterly about 160 feet from Coa Street, presented and read. Councilman Chalmers moved to r~ ceive and file the proofs of publican tion. Seconded by Councilman Rob- erta. Carried by the following vote: Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. Statement of Clement A. Burd, subscribed and sworn to, that he posted along the line of improve- ment notices oY the levy of special assessment and intention of the City Council to issue bands For the con- struction of an eight inch vitrified the sanitary sewer in Cox Street from the manhole in West Fcur• teenth Street to Chestnut Street and in Chestnut Street easterly about 160 feet from Cox Street, presented and read. Councilman Chalmers moved to receive and file the statement. Sec• onded by Councilman Roberta, Car• ried by the fallowing vote; Yeas-Mayor Kane, Councilmen Chalmers, Jaeger, Roberta, Schiltz. Nays-None. Resolution Na. 71-35. Resolved by the City Council of the City of Dubuque: That to pay for the construction of an eight (8) inch vitrified the sanitary sewer in Cox Street from the manhole in West Fourteenth Street to Chestnut Street and in Chestnut Street east erly about one hundred and sixty (160) feet from Cox Street, Jamee F. Lee Paving Co., Contractors, in front of and adjoining the same, a Special Tax be and is hereby levied on the several lots, and parts of lots, and parcels of real estate here- inafter named, situate and owned, and for the several amounts set op- posite each lot or parcel of real es• tote, as follows: Special assessment submitted ............................................19....... Realty Inv, Corp., Lot 1, Sub Lot 2 of 1 of M. L. 89..........$ 52.39 Realty Inv. Corp., Lot 1, Sub. Lot 3 of 1 of M. L. 89....... 62,.39 Martin Buehler, Lot 1; Sub. Lot 4 oY 1 of M. L. 89.......... 52.39 Jeanne Hopkins, Lot 1, Sub, May 20th, 1935 133 Lot 1 of 7 of M. L. 88 and Pt. M. L. 87 .......................... 157.16 Wm, Flynn, Lot 4, Sub. City Lot 740 .................................... 104,77 C. Hurd & Marion H. McNee- ley, Lot 5, Sub. City Lot 740 W. 182' 6" ................................ 52.39 Mary Manley, Lot 1, Bissell's Dubuque .................................. 52.39 Mary Manley, Lot 2, Bissell's Dubuque .................................. 52.39 Margt. Christenson, Lot 3, Bissell's Dubuque .................. 52,39 Joseph Vanderbloomen, Lot 4, Bissell's Dubuque ................ 52,39 Mary A. McNamara, Lot 5, Bissell's Dubuque ................ 62.39 Steve Canavan, Lot 6, Bis- sell's Dubuque ...................... 52.39 Steve Canavan, Lot 7, Bis- sell's llubuque ........................ 52.39 A. M. Christensen, Lat 3, Cummings Sub. W. 45' :....... 62.39 Total ....................................... $8 90.61 651,5 Lin. Ft. 8" Tile Pipe @ $.95 pet- Lin. Ft .....................$fi18.93 4 Manholes c@ $39.00 each...... 166.00 15 Y Branches @ $1.50 each.. 22.50 Extra' Expense .......................... 86.40 Interest @ B% ............................ 6.78 Total .......................................... $890.61 All of which is assessed in pro portion to the special benefits, conferred. Passed, adopted and approved this 20th day of May, 1936. M. R. KANE, Mayor. JOHN K. CHALMERS, W. S. ROBERTS, PETER SCHILTZ, F, M, JAEGER, Councilmen, Attest: J. J. SHEA, City Clerk. Councilman Jaeger moved the adoption of the resolution. Second- ed by Councilman Schiltz. Carried by the following vote: Yeas -Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. (Resolution Providing for the Is- suance of Public Sewer Bonds.) CITY OF DUBUQUE, IOWA. Resolution No. 72-35, Whereas, the contract heretofore entered into by the City of Dubuque for the construction of an eight (8) inch the sanitary sewer in Cok Street and in Chestnut Street, here- inafter described, has been com- pleted and said improvement has been accepted by the City Counoil of said City and the City Engineer has computed the cast and expense thereof td be $890.61; And Whereas, public notice as pro- vided by law, has been published by the City Clerk stating the intehtion ~~. ,; _~ 134 Special Session, May 20th, 1935 of the City Council to issue bonds to pay the cost of said improvement and a public hearing has been held pursuant thereto, and all objections filed thereto have been considered and determined: Now, Therefore, Be It Resolved by the City Council of the City of Du• buque that to provide for the cost of the construction of an eight (8) inch vitrified the sanitary sewer in Cox Street from the manhole in West Fourteenth Street to Chestnut Street and in Chestnut Street east- erly about one hundred and sixty (160) feet from Cox Street, there be issued Sewer Bonds to the amount of $890.61. Said bonds shall be is- sued under the provisions of Chap• ter 311 of the Code of Iowa, 1927, which bear date as of the 20th day of June, 1935; shall be in denomina tions of $100.00 except that there shall be one bond to the amount of $90.61. They shall be numbered from 3638 to 3696 inclusive and shall be divided into nine series of which the bond numbered 3688 shall constitute the first series and shall be payable the first day of April, A, D. 1936, the bond numbered 3689 shall constitute the second series and shall be payable the first dray of April, A. D. 1937, the bond numbered 3690 shall constitute the third series and shall be payable the first day of April, A. D.. 1938, the bond num- bered 3691 shall constitute the fourth series and shall be payable the first day of April, A. D. 1939, the bond numbered 3692 shall constitute the fifth series and shall be payable the first day of April, A. D. 1940, the bond numbered 3693 shall constitute the sixth series and shall be pay- able the first day of April, A. D, 1941, the bond numbered 3694 shall constitute the seventh series and shall be payable the first day of April, A. D. 1942, the bond numbered 3695 shall constitute the eighth se- ries and shall ~be payable the first day of April, A, D. 1943, the bond numbered 3696 shall constitute the ninth series and shall be payable the first day of April, A. D. 1944, Said bonds shall bear interest at the rate of five per cent. per annum which interest shall be payable semi- annually, in accordance with the terms of the coupons thereto attach- ed; and said bonds shall be payable out of the proceeds of the special assessment levied far said improve- ment, Both principal and interest shall be payable at the office of the City Treasurer in the City of Dubuque, Said bonds shall be substantially in the following farm: No ................. Series No ................. CITY OF DUBUQUE SEWER BOND, The City of Dubuque in the State of Iowa promises to pay as herein- after mentioned to the bearer here- of, on' the first day of April, A. D. 193....; or any time before that date at the option, of the City, the sum of .One Hundred Dollars ($100,00) with interest thereon at the rate .of five per cent, per annum, payable on tho presentation and surrender of the interest coupons hereto attached, both interest and principal are pay- able at the office of the City Treas- urer in the City of Dubuque in the State of Iowa. This bond is issued by the City of Dubuque pursuant to and by virtue of Chap- ter 311 of the Code of Iowa, 1927, and in accordance with a reso- lution of the City Council of said City, duly passed on the 20th day of 114ay, 1935. This bond is one of a series of 9 bonds, 8 for $100.00, numbered from 3685 to 3695 inclu- sive, and one for $90.61, numbered 3696, all of lilts tenor and date, and issued for the purpose of the con- struction of an eight (8) inch vit- rified the sanitary sewer in Cox Street from the manhole in West Fourteenth Street to Chestnut Street and in Chestnut Street easterly about one hundred and sixty (160) feet from Cox Street, and described in said resolution; which cost is as sessable to and levied along said improvement, and is made by la`v a lien on all abutting or adjacent property, and payable in ten annual installments, with interest on all de- ferred payments at the rate of five per cent. per annum, and this bond is payable only out of the money derived from the collection of said special tax, and said money can be used for na other purpose. And it is hereby certified and recited that all the acts and conditions and things required to be done precedent to and in the issuing of this series of bonds, have been done, happened and performed in regular and due form as required by said law and resolution; and for the assessments, collections and payment hereon of said special tax, the faith and dili- gence of said City of Dubuque are hereby irrevocably pledged, In 4Pitness Whereof, the City of Dubuque by its City Council has caused this bond to be signed by its Mayor and countersigned by its City Clerlt, tivith the seal of said City af- fixed this 20th day of May, 1935, and has authorized the use of their fac- Session, May 20th, 1935 135 simile signature to the interest cou- pons hereto attached, ................. Mayor. ............................................... City Clerk. Countersigned (Seal) (FORM OF COUPON.) On the........day of ........................A, D. 193...., the City of Dubuque, Iowa, promises to pay to the bearer, as provided in the bond, the sum of ...............................Dollars, at the office of the City Treasurer in the City of Dubuque, being....months interest due that day on its Sewer Bond No. ............. dated .............................., 193..... ............................................... Mayor. ............................................... City Clerk, Countersigned: Be It Further Resolved, that the Maym• and City Clerk be and they are hereby instructed to cause said bonds to be prepared and when so prepared to execute said bonds, and that the City Clerh be and he is hereby iustructed to register said bonds in ~a book to be ]tept by him for that pm•pose, and to then de- liver them to the City Treasurer who. will also register them in a boolt to be ]rapt by him for that purpose, Be It Further Resolved, that the City Treasurer be and he is hereby instructed to sell said bonds in the manner provided by law, the pro- ceeds of said sale to be ltept in a special fund to be known as Sewer Fund, Be It Further Resolved, that the interest coupons attached to the bonds be signed with the fac-simile signature of the Mayor and counter- signed with the fac-simile signature of the City Clerk. Be It Further Resolved, that as fast as funds allow, beginning with the second year after the payment of interest due, these bonds shall be called and retired in the same order as numbered. Adopted this 20th day of May, 1935. Approved; M, R, KANE, Mayer, JOHN K. CHALMERS, W. S, ROBERTS, PETER SCHILTZ, F. M, JAEGER, Councilmen, Attest: J. J. SHEA, City Clerk. Councilman Schiltz moved the adoption of the resolution. Second- ed by Councilman Jaeger, Carried by the following vote: Yeas -Mayor Kane, Councilmen Chalmers, Jaeger, Roberta, Schiltz. Nays-None, May 14, 1935. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: In compliance with the Council's requested information pertaining to total revenues, expens- es and profit from the Dubuque Mu- nicipal Baseball League for the last two summer seasons, please find the following summary as taken from the original detailed data submitted by Mr. Wm. Fitzpatrick, treasurer: (1) SUMMARY OF MUNICIPAL LEAGUE FOR 1933 Cash on Hand July 10, 1933, after operating first half of season .......~ ..............................$282.05 Revenue received from ticket sales at Park Gate for eight games in July, 11 games in August and two games in September .............................. 389.97 Balance and Earnings for 1933 .................. .....................$672.02 Expenses paid in 1933,includ- ing traveling costs, 12 base- balls for night games, bank charge on checks, etc...........$214.27 Balance ....................................$457.75 From the balance of $457.76, the entire amount was distributed to the managers of six local teams, The managers paid for baseballs, bats and other equipment after which the remaining team net totals were divided among the team players. The reported highest amount paid to any team player was $4.20 per player, (2) SUMMARY OF MUNICIPAL LEAGUE FOR 1934 Revenues received from reg- ular city schedules, night games, out of city team games, Booster game, etc,, in 1934 ..................................$1,416,80 Expenses paid in 1934, in- cluding umpires, ticket sellers and takers, scor- ers, advertising, printing schedules, traveling ex- penses, sales tax, coat of light at night games, etc . ...........:.:.............. $ 883.78 Cost of 9r/2 dozen base- balls for league........ 121.18 Total Expenses .............:..$1,004.96 Balance ..................................$ 411.84 ANALYSIS OF DAY AND NIGHT GAME PROFITS While the total net balance from 1934 revenue, less expenses, amount- 136 Special Session, May 20th, 1935 ed to $411.84, it is stated that $247,03 of the total was the net profit from night games for which $15,00 per game, plus cost of light- ing current, was paid to the City for use of the Ball Park. The difference, or $164.81, was the net profit on day games of the League City teams. The $164.81 was divided among 75 of the City League players, equivalent to ~an average of $2.20 per player. The profit on night games, or $247.03, was also distributed to the managers of the five teams. The agreement for 1935 is based on the 1934 rates for free use of the Ball Park for regular City League games and a $15.00 rental charge, plus cost of electric current for all night and exhibition games (exhibi- tion game includes an out of city team playing with a local team com- posed of players picked from the five city league teams). Any other desired data concerning this league will be gladly furnished. Respectfully submitted, R. M. EVANS, City League. 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, Councimen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. May 16, 1935, To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: At the Council meet- ing of May 13th the writer sub- mitted aletter, as a verbal request from Mr. Alois M. Hoffmann, that the blanked boulevard light on the south side of West 15th Street, west of Central Avenue, be again lighted and the current therefor paid by the City, The action of the Council was that a report be submitted regarding the authorization of. this light and the former method of current payment. Accordingly, from the Council rec- ords of September 30th, 1929, page 475 of the minutes, the following petition and motion are copied:- "Petition of Alois M, Hoffmann, requesting that the Council permit him to have a boulevard light placed on his property on the southwest corner of 15th Street and Central Avenue at his own expense, Councilman Schuckert moved that the prayer of the petition be granted, Seconded by Councilman McEvoy, Carried by the following vote: Yeas-Mayor Andelfinger, Council- men Jansen, McEvoy, Meuser, Schuckert. Nays--None," From the September 1929 Council files the original petition reads as follows:- Dubuque, Iowa, September 30, 1929. "To the Honorable Mayor and City Council, -Dubuque, Iowa, Gentlemen: I respectfully request the Du- buque City Council to grant per- mission to the undersigned to have a boulevard light placed on his property on the 15th Street side, `vest of Central Avenue. The expense of the light and installa- tion will be borne by the under- signed. Respectfully submitted, ALOIS M. HOFFMANN," At a conference with Mr, Hoff• mann today, it is stated that the expense of the light was meant to include the cost of purchasing the standard, the globes and al] parts required for the standard type of lamp installed on Control Avenue. Nlr. Hoffmann also paid for install- ing the light. It was meant, however, that the City should assume the cost of pay- ing for the monthly cost of current for this light. Following the instal- lation and up to the date of Feb• ruary 1, 1933, when certain of the Central Avenue circuit were blank- ed, the current for this light was assumed and paid by the City. This light, together with 3 other blanked lights on the Central Avenue circuit, was not ordered to, be again lighted this year, due to the authorization from Council, that on Centro] Ave- nue the blanked lights were to be again lighted, following the reduced rates secured on the basis of 6 lights, total, per block. This particular light is of the 2- lamp, 600 C. P. type and would burn until 11:00 P. M. if authorized to be again lighted. The annual cost for this boulevard type, as per the March 1935 reduced rates, would be $48.00. The cost per month would be $4,00, or from June 1, 1935, to March 31, 1936, the total cost (for 10 months) would be $40,00. Resectfully submitted, R: M. EVANS, City Manager. Councilman Schiltz moved to refer the communication of City Manager Evans to the Council to view the grounds. Seconded by Councilman Jaeger. Carried by the fallowing vote; Yeas -Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. Special Session, May 20th, 1935 137 May 20, 1935. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the special meet- ing of the City Council held May 13, 1935, instructions were recorded that for the 1935 Wrestling and Boxing use of the City Ball Park, that a notice far bids was to be advertised, bide should be received today and then submitted to the City Council, Attached is a copy of a "Notice to Bidders, Etc.," as was published in the Telegraph•Herald Tuesday, May 14th. At 10; 00 A, M. today the following bids, as herewith attached, were re• ceived and opened: (1) Proposal from Mr. Ken Fenelon of Dubuque, Iowa, agreeing to conduct, or p'ay for, at least 8 boxing or wrestling contests this summer, each contest shall in- clude afee of $51.00 for the night use of the Ball Park. Mr. Fenelon also agrees to pay (A) additional $10.00 fee per contest as is required by Ordinance No. 4 of 1933 and (B) the entire cost of current for lights used by him at each contest. Mr. Fenelon further agrees to furnish a cash deposit of $200.00 as a guaran- tee to comply with all conditions of the contract. (2) Proposal from Mr, H. A. Engel of Dubuque, Iowa, offering, in line with the notice of bidders, to pay $30.00 per night for use of the Ball Parlc. It is also as- sumed that Mr. Engel would pay the $10.00 additional snm for each contest and pay far the current for light, The higlier bid from Mr, Fenelon is $21.00 more per contest, or far the 8 contests will net the City $168.00 more than the second bid. Accordingly, the writer recom- mends the acceptance of the higher bid and suggests that a contract be authorized to be drawn and exec- uted for these wrestling and boxing contests during 1935. Respectfully submitted, R, M. EVANS, City Manager. Councilman Chalmers moved that the recommendation of City Man• ager Evans be accepted. Seconded by Councilman Roberts. Carried by the following vote: Yeas -Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. May 20, 1935. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen; Mrs. A. M. Kluseman of 1160 Julien Avenue phoned the writer this morning requesting that information be submitted to the City Council today suggesting and re- questing that the Council be repre- sented and appear in the Decoration Day parade to be hold May 30th, starting at 2:00 P. M. The parade will form at Jackson Park at 1:30 P, M. In 4he past if has been the custom for the Council to accompany this parade 'and it is hoped that a deci- sien will be made today to cooperate with the committee. Respectfully submitted, R. M, EVANS, City Manager. Councilman Roberts moved that the invitation be accepted. Second• ed by Councilman Schiltz, Carried by the Following vote: Yeas -Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz, Nays-None: WATER DEPARTMENT. City of Dubuque, Iowa. May 20th, 1935. To the Honorable Mayor and City Council. Gentlemen: Replying to your com• munication of May 17th, relative to the payment of $100,00 to the Du- buque Traffic Association, please be advised that the carload shipments received by the City Water Depart- ment for the year of 1934 amounted to 8ve carloads. I have checked the carloads receivd by the City of Du- buque, with Cletus Allen, at the City Garage, for the year 1934, and find they received seven carloads. It seems that if there is any di- rect benefit for the money paid to the Dubuque Traffic Association that the City of Dubuque received a greater benefit than the Water De• partment, and it will be only fair to charge one-half of the bill to the Water Department and the other half to the City of Dubuque. Respectfully submitted, WATER DEPARTMENT, J. W. McEvoy, Superintendent. Councilman Roberts moved that the City Water Department be in- structed to pay a $50.00 fee to the Dubuque Traffic Association. Second- ed by Councilman Chalmers: Car- ried by the following vote; Yeas -Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz: Nays-None. May 17, 1935. Tc the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: In accordance with Chapter 289 of the State Cade of Iowa 1927 and amendments to Sec• tion 56.96, Chapter 289, passed at the 45th Genera] Assembly in 1934, 138 Special Session, May `20th, 1935 the Civil Service Commission con- ducted an examination far appli- cants to the Police and Fire Depart- ments on April 1, 1935. The following ten names on the Police Department and ten names on the Fire Department are those who have passed the mental and physical examinations with the -high- est average and are respectfully aub• witting same for your information and approval: POLICE DEPARTMENT. Earl P. Oeth ....................................983/4 Earl S. Schlegel ..............................981/z Wi]]iam H. Ball ..............................97 Joseph Link ....................................961/z Hugo Woaber ..................................961/4 Cyril Schucltert ..............................931/z Clarence P. Ryan ............................921/z William J. Lynch ............................913/4 Clarence A. Oswald ........................911/4 Fred G. Lay, Jr .............................91 FIRE DEPARTMENT. Walter C. Sprengelmeyer...........~..97 Benjamin O'Leary ..........................94~Z Clarence H. Kearney ......................941/z CYri] V. Belrr ..................................941/4 Lea J. Sullivan ................................933/4 Franklin L. Atltinson ......................921/4 Donald Jaeger ................................904 Francis R. Henkels ..............:.........90 Eldon H, Strohmeyer ....................89?/z John M. Connolly ..........................891/4 Respectfully submitted, J. E. ERNSDORFF, Chairman. R. L. WOODWARD, E. J• RYAN, Commissioners. A, E. STGMAN, Secretary, Subscribed and sworn to before me this 17th day of May, 1935. JOHN J. SHEA, Notary Public, Councilman Jaeger moved that the report be made a matter of record. Seconded by Councilman Schiltz. Carried by the following vote: Yeas -Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schitz. Nays-None. May 20, 1935, i To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: In accordance with Chapter 289 of the Iowa State Code of 1927 and amendment adopted at the 44th General Assembly in 1931, the Civil Service Commission con- ducted promotional examinations for the members of the Police and Fire Departments on May 3, 1935. The following is a schedule of those vvho passed with the highest average and are respectfully sub• witted for your information and ap- proval, These eligible lists are to stand on file fora period of two years from April 1, 1935, ELIGIBLE LIST FOR PROMOTION TO CAPTAIN FIRE DEPARTMENT Harold Cosgrove ................................88 John Stafford ......................................85 ELIGIBLE LIST FOR PROMOTION TO LIEUTENANT FIIZE DEPARTMENT Wm. Higgins ........................................89 WYn. Blaser ........................................79 Fred Huftil ..........................................74 Otto Larsen ........................................72 Elmer Hubacher ................................70 ELIGIBLE LIST FOR PROMOTION TO ENGINEER FIRE DEPARTMENT Chester Lorenz ..................................91 ELIGIBLE LIST FOR PROMOTION POLICE DEPARTMENT Jos. Strub ..........................................100 Frank Matz ........................................ 98 John Brady ...................................... 98 ~ Roy Aitchison .................................. 97 Albert Altman .................................. 96 Pat. Gilligan ...................................... 92 Ed. Whitfield .................................... 90 Percy Lucas .................................... 82 Eldon Kane ........................................ 80 Oscar Livermore .............................. 79 John Dolan ........................................ 77 Ed. Welu ............................................ 76 Ed. Deluhrey .................................... 74 Ed. Vosberg ...................................... 73 Respectfully submitted, J. E, ERNSDORFF, Chairman. R. L, WOODWARD, E. J. RYAN, Commissioners. A. E. SIGMAN, Secretary. Subscribed and sworn to befm•e me this 20th dray of May, 1935. JOHN J. SHEA, Notary Public. Councilman Jaeger moved that the report be made a matter of record. Seconded by Councilman Schiltz. Carried by the following vote: Yeas -Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. May 20, 1935. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Please find the fol- lowing report on present Billboards on City owned property; AREA 1. RAFFERTY SLOUGH LOCATION. (A) Dubuque Poster Advertising Co. (Mr. Louis Murphy). By verbal areement made in 1924 by Mr. 0. E. Carr, this company has had the right to erect and maintain billboards up to 10 in number, along South Locust Street, provided that one board was to be used to adver- tise industrial sites for the City. No rental charge was to be made for Special Session, May 20th, 1935 139 these ten boards, as per the verbal agreement, By a survey today, the following actual billboards of the Dubuque Poster Advertising Co. are in use: On Industrial Tract G, at south- east corner of South Locust and Railroad Streets, the 26 foot long board closest to Railroad Street has been and is still used for advertising City owned industrial sites. Five other Murphy sections, each 25 feet in length and located south of the board designated for City use, are still erected on this lot, On Industrial Sub, D-1, at Locust Street near Charter Street, the Du- buque Poster Advertising Co. has al- so erected and has in use two large billboards, totalling 100 feet in length. These above mentioned lengths total 250 feet, whereas the portion used for City advertising is 25 feet, as per agreement. (B) South of the board advertis• ing the City industrial sites, the City Council approved a petition from the Thos. Flynn Oil Company to erect a small 25 foot board for the yearly fee of $10.00. This site was viewed by the Council April 3rd and the agreement was authorized by the Council April 22nd, 1935. This board is erected and painted, but not yet used. The $10.00 fee for this year is not yet paid. (C) By Council action of Septem- ber 6th, 1932, the Molo Oil Company was granted the right to erect a large billboard on the Industrial fill east of Locust Street for the sum of $20.00 per year. This board is on Industrial Sub. F-2 near Camp Street; the total length of the board is 60 feet. The $20.00 yearly pay- ment has been made up to Septem- ber 12th, 1935. (D) No other wooden sign boards exist on Rafferty Slough. However, by the Council action of February 4th, 1935, a request from the Erie Cafe was granted to permit a paint- ed advertisement on a large stone on City owned Lot 1 of Levi's Add. on the west side of South Locust Street 'for $5.00 per year, The first $5.00 was received February 7th, 1935, but as yet the former Newkirk Filling Station sign has not been re- moved by the Erie Cafe. (E) A question that arose today is as to whether or not the bill- board, or a portion thereof, owned by Bradley & M~aclay, north of Southern Avenue on the west side of Locust Street, is on Lot 14, Levi's Add., owned by the City. Mr. John Maclay advises that if the board is on City property, that the same will be moved as he purchased two lots in the Levi Add. and two more in Randall's Sub. AREA 2, FOURTH STREET LOCATION, (A) The Julien Dubuque Hotel Company operates a billboard on the north side of East 4th Street on Lot 4 of Industrial Sub. No. 2. This loca- tion is west of the Ball Park and east of Adams Street. Authorization far this board was made by the City Council July 7, 1930. The yearly fee charged is $20.00. The length oP the present board is 40 feet. Payments on this billboard site have been re• ceived by the City up to July 7, 1935. (B) The Dubuque Poster Adver- tising Company also made a deal to operate approximately 10 boards just west of the Ball Park Grand- stand on East 4th Street. A record of this approval by the City Council is in the November 21, 1927, min- utes. The accepted yearly offer was $50,00 per year, Today our investi- gation shows that west of the Ball Park only three billboards are still erected, These boards are located on (a) 25' section on Lot 3, Indus- trial Sub. No, 2;,and (b) 50' section on Lot 7, Industrial Sub. No. 2. An- other present 75' section is now lo- cated east of the Ball Park and near Pine Street and is immediately east of the Ball Park fence. This section is new and has been substituted by the Dubuque Poster Advertising Company when their former several boards were relgoved from Blocli 22 of the Dubuque Harbor Improvement Company's Addition just west of the Ball Park, or where the present parking space is used for the pat- rons at the Ball Park, While in 1927 the agreement permitted as many as ten boards, or 250 feet of length, to- day there is in use 150 feet or six boards. Payments have been made on this agreement to November 2, 1934. The delay since November 2, 1934, in this year's payment has been discussed with Mr, A, F. Schrup. Mr. Schrup has requested us to wait until Mr. Louis Murphy returns to Dubuque again. (C) Three small individual signs, viz, Julien Dubuque Hotel 8' x 10', Bright Light Sign Company 4' x 6' and Ed, Bartel's Cabins 3' x 5' are notiv in use on the north sidewalk of East 4th Street just west of Tower Street. No authority is on record for any permission of these three Signs, (D) Two other small signs are at present on City owned Lot 9, Indus- trial Sub. 2, These signs are adver- tising the Diamond Cafe 2' x 5' and the Barnsdall Oil Company 8'x10', No authority is on record for these two signs, i 140 Special Session, (E) Another 60 foot sign of the Mole Oil Company is located south of the Ball Park. Mr. Bart Molo is away today. We have not yet deter- mined whether the actual location is on a City street, possibly on Bell and Wall Street intersection, or on private property. However, the own- er of private property at this point, Mr. Jos, Rhomberg, advised that no deal was made with him for this sign board. An, agreement should be im- mediately made with the Molo Oil Company for this use. AREA 3. GARFIELD AVENUE LOCATION. Present signboards on lots taken aver by the City for non-payment of taxes and assessments are located on Lots 2 and 3, McCraney's 1st Add., at east side of Garfield Ave- nue, south of Marshall Street, These signboards are apparently owned by the Dubuque Poster Advertising Company. Four signs, 25 feet each in length, are erected. This property was formerly owned by Frank Beu- tin and was deeded to the City in 1927. No compensation is received yearly and no agreement is on rec- ord for these billboards. Mr. Beutin is still living on City awned Lot 8, south of these lots, or at Dock and Garfield. He pays no rent. Another lot used Par a small living quarter is approximately Lot 4. Mr. Chalders, the renter, pays rent to Mr, Beutin, the former owner, we are advised to• day, This question should be deter- mined. MISCELLANEOUS SIGNS. A few additional small signs are discovered as being located on City street or sidewalk areas, principally on Rockdale Road, Lincoln Avenue and Rhomberg Avenue. No author ity is on record for these. Since these various questions have arisen, it seems advisable to recom• mend an investigation to be made as to the use or rental of all properties now owned or deeded to the City. The City may be losing revenues from tenants or not securing rentals from property now owned by the City. A complete list of tax sale certificates should also be prepared and kept on record. Respectfully submitted, R. M, EVANS, City Manager, Councilman Jaeger moved that the communication of City Manager Evans be referred to the City Coun- cil, Seconded by Councilman Schiltz, Carried by the following vote; Yeas -Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz, Nays-None, 20th, 1935 Resolution No, 73-35. A Resolution approving applica• lions far the sale of beer and auth- orizing the issuance of permits. Whereas, the City Council of the City of Dubuque has examined the applications which have been filed for permits for the sole of beer with- in the City of Dubuque and has ap- proved such applications as apply to the persons herein named at the locations described herein: Now, Therefore, BA It Resolved by said Council that permits for the sale of beer within the City of Dubuque be and the same are hereby authorized and ordered issued as follows: CLASS "B" PERMIT, LeRoy Wolff (Renewal), 603 East 22nd Street. R. J. Stoltz and G. J. Zillig (Re- newal), 234 West 9th Street. Be It Further Resolved that the bonds filed with these applications be approved, Passed, adapted and approved this 20th day of NIay, 1935, M, R. KANE, Mayor. JOHN K, CHAL14iERS, W. S. ROBERTS, 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 - Nl~ayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. Petition of Al. Poire requesting the City Council not to rescind his Class "B" beer permit now being used at 603 Rhomberg Avenue due to the enactment of the new beer bill presented and read. Councilman Schiltz moved to refer the petition to the City Council. Seconded by Councilman Jaeger, Carried by the following vote: Yeas -Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz, Nays-None, Ordinance No. 8-35. An Ordin- ance amending and changing the Zoning Map of the City of Dubuque as provided for by Ordinance No. 3-34, designated "ZONING ORDIN- ANCE OF THE CITY OF DU- BU~IUE," so as to change to LOCAL BUSINESS DISTRICT certain de- fined territory now delimited as TWO FAMILY RESIDENCE DIS- TRICT and SINGLE FAMILY RESI- DENCE DISTRICT, and declaring an emergency presented and read. Councilman Schiltz moved that Special Session, the reading just had be considered the first reading of the ordinance. Seconded by Councilman Roberts. Carried by the following vote: Yeas -Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz, Nays-None, Councilman Schiltz moved to sus- pend the rules requiring an ordin• ante to be read on three separate days. Seconded by Councilman Rob- erts. Carried by the following vote; Yeas -Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. The ordinance was then read a second time. Councilman Schiltz moved that the reading just had be considered the second reading of the ordinance. Seconded by Councilman Roberts. Carried by the following vote; Yeas -Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-Novo. Councilman Roberts moved to sus- pend the rules for the purpose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council, Second• ed by Councilman Chalmers. Carried by the following vote: Yeas -Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. Mr. George Pregler addressed the Council regarding the Class "B" beer permit of Margaret Ward now in use at 2364 Washington Street and requesting the City Council to allow said property to remain as a beer tavern. There being no further business, Councilman Schiltz moved to ad- journ. Seconded by Councilman Jae- ger. Carried by the following vote: Yeas -Mayor Kane, Councilmen Chalmers, Jaeger, Roberts, Schiltz. Nays-None. J. J. SHEA, City Clerk, Approved ....................................1935. Adopted ........................................1935. Councilmen l ............................................ Attest : .................................................. City Clerk. 28th, 1935 141 CITY COUNCIL Special Session, May 28th, 1935. Council met at 4:10 P. M. Present-Mayor Kane, Councilmen Chalmers, Schiltz, City Manager Evans. Absent -Councilmen Jaeger and Roberts. Meeting called by order of Mayor Kane and Councilman Chalmers. Mayor Kane read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of approving applications for' the sale of beer and authorizing the issuance of permits and acting on any other business as may properly come before a regular meeting of the City Council. Communication of Martin Schwaegler stating that he is inter sated in the buying of,Lot 8 at the corner of Garfield Avenue and Dock Street for the placing of a box car on the baclr end of the lot and which box car he intends to fix up and use as a residence presented and read. Councilman Schiltz moved to refer the communisation to the City Coun- cil, Seconded by Councilman Chal- mets, Carried by the following vote: Yeas -Mayor Kane, Councilmen Chalmers and Schiltz. Nays-None. Absent-Councilmen Jaeger and Roberts. Petition of Lawrence Peiffer re• questing a refund on the restaurant license taken out by him to operate in conjunction with a beer tavern to be located ut 1540 Central Avenue, and far which tavern he has made application for and is now informed that the City Council will not issue any new permits till July 1st, pre• sented and read. Councilman Schiltz moved that the prayer of the petition be grant- ed and that a warrant in the amount of $10.00 be ordered drawn on the City Treasurer in favor of Lawrence Peifter to cover the amount of the refund. Seconded by Councilman Chalmers. Carried by the following vote: Yeas -Mayor Kane, Councilmen Chalmers and Schiltz. Nays-None. Absent -Councilmen Jaeger and Roberts. Communication of I{en Fenelon extending a permanent invitation to all of his presentations, and thank- ing the City Council for all favors extended and requesting the City Council to consider the purchase of 142 Special Session, May 28th, 1935 250 chairs which could be available for all programs at the Athletic Field, presented and read, Councilman Schiltz moved to re- ceive and file the communication. Seconded by Councilman Chalmers. Carried by the following vote: ' Yeas -Mayer Kane, Councilmen Chalmers and Schiltz, Nays-None, Absent-Councilmen Jaeger and Roberts. Petition of Emma Richter, re- ferred to the City Council by the Board of Supervisors, requesting the cancellation of the 1933 and 1934 taxes on S. 28 ft. of M. 1-5 of City Lot 45, the south 10 ft, of Lot 6 and all of Lot 7, Marsh's Addition, and Lot2af1of1of2ofMin.Lot310, presented and read. Councilman Schiltz moved to refer the petition to the City Solicitor far investigation and report, Seconded by Councilman Chalmers, Carried by the following vote; Yeas -Mayor Kane, Councilmen Chalmers and Schiltz. Nays-None, Absent-Councilmen Jaeger and Roberts. Petition of E. S. Donaldson, re- ferred to the City Council by the Board of Supervisors, requesting the cancellation of the second half of the 1934 taxes on Lot 6 in South Avenue Addition presented and read. Councilman Schiltz moved to refer the petition to the City Solicitor for investigation and report. Seconded by Councilman Chalmers. Carried by the following vote: Yeas -Mayor Kane, Councilmen Chalmers 'and Schiltz. Nays-None, Absent -Councilmen Jaeger and Roberts. Petition of Pat Powers et al., resi- dents of Dubuque, and living on Dodge Street between Bluff Street and Bryant Street, requesting that the Zoning Ordinance be amended so as to allow William Savory to operate his beer tavern, note located at 827 Dodge Street, presented and read, Councilman Chalmers moved to re- fer the petition to the Planning and Zoning Commission. Seconded by Councilma^ Schiltz, Carried by the following vote: Yeas -Mayor Kane, Councilmen Chalmers and Schiltz. Nays-None. Absent -Councilmen Jaeger and Roberts, Petition of Frank J. Berg et al., proprietors, operators of business buildings and neighbors on Rhom- berg Avenue requesting that Rhom- berg Avenue between Kniest Street and Stafford Street be changed from a two•family residence district to a local business district, presented and read, Councilman Chalmers moved to refer the petition to the Planning and Zoning Commission. Seconded by Councilman Schiltz. Carried by the following vote: Yeas -Mayor Kane, Councilmen Chalmers and Schiltz. Nays-None. Absent - Councilmen Jaeger and Roberts, ,May 23, 1935, To the Honorable Mayor and City Council, Dubuque, Towa. Gentlemen; By a phone call last evening Mr. Ed. McEvoy, member of the Dubuque Board of Review, re- quested that the City Garage be authorized to provide gasoline for this Board while they were making local investigations .Accordingly, the writer has instructed the City Gar- age to furnish gasoline for this Board, The same will be charged to the budget. The reason for writing this letter is that last year this authority was made by the Council and I still pre- sume that it is the desire of the Council to continue this service. Yours very truly, R. M. EVANS, City Manager, Councilman Schiltz moved that ~ the prayer of the petition be grant- ed. Seconded by Councilman Chal- mers, Carried by the fallowing vote: Yeas -Mayor Kane, Councilmen Chalmers and Schiltz. Nays-None. Absent -Councilmen Jaeger and Roberts, Resolution No. 74-35: A Resolution approving applica- tions for the sale of beer and auth- orizing the issuance of permits. Whereas, the City Council of the City of Dubuque has examined the app]icationa which have been filed for permits for the sale of beer within the City of Dubuque and has approved such applications as apply to the persons herein named at the locations described herein; Now, Therefore, Be It Resolved by said Council that permits for the sale of beer within the City of Dubuque be and the same are hereby authorized and ordered issued as follows: CLASS "B" PERMIT. James Slack (New), 84 Main Street, Carolina Machinek (Renewal) 3166 Central Avenue. Leo Cunningham and John M, Thompson (Renewal), 264 West 1st Street; Special Session, May 28th, 1935 143 John Roth (Renewal), 1540 Cen• tral Avenue. Stamatios Constantinos (Renew• al), 951 Main Street, John L. McDonald (Transfer of ad- dress from 485 West 8th Street), 198 Main Street. Be It Further Resolved that the bonds filed with these applications be aPProved. Passed, adopted and approved Chia 28th day of May, 1935. M. R. KANE, Mayor. JOHN K. CHALMERS, PETER SCHILTZ, Councilmen. Attest: J. J, SHEA, City Clerk. Councilman Schiltz moved the adoption of the resolution. Second- ed by Councilman Chalmers. Carried by the following vote; Yeas -Mayor Kane, Councilmen Chalmers and Schiltz, Nays-None. Absent -Councilmen Jaeger and' Roberts, Thero being no further business, Councilman Schiltz moved to ad- journ, Seconded by Councilman Chalmers, Carried by the following vote: Yeas-Mayor Kane, Councilmen Chalmers and Schiltz. Nays-None. Absent - Councilmen Jaeger and Roberts. J. J. SHEA, City Clerk, Approved ......................................1935. Adopted ........................................1935. Councilmen 1 ............................................ Attest : .................................................. City Clerk, =,~ 7