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1934 September Council ProceedingsRegular Session, September 3rd, 1934 249 CITY COUNCIL (Official) Regular Session, September 3, 1934. No members of the Council being present on roll call, the meeting was postponed subject to call. J. J. SHEA, City Clerk. APProved ......................................1934. Adopted ........................................1934. Councilmen: ~ ........................................ Attest : .................................................. City Clerk. CITY COUNCIL (Official) Special Session, September 4, 1934. Council met at 7:55 P. M, Present-Mayor Kane, Councilmen Jaeger, Roberts, Schiltz and City Manager Evans. Absent-Councilman Andelfinger, Meeting called by order of May or Kane and Councilman Roberts. Notice and Call of Special ,Meeting of City Council of Dubuque, Iowa August 31, 1934, To F. M. Jaeger, Councilman, You are hereby notified that therq is called a special meeting of the Council of the City of Dubuque to be held at 7:30 o'clock P. M. on Tuesday, September 4th, 1934, at the Council Chamber. At such meeting there will be conducted a public ]tearing upon the proposed issuance of $28,000.00 Sewer Bonds and if no objections are filed thereto, then there will be introduced an ordin• ante entitled: "Ordinance No. 10- 34. An Ordinance providing far the issnance of $28,000 Sewer Bonds; providing for tG~e levy of taxes to pay the same and declaring an emergency." Such other business will be trans acted at said meeting as may prop• erly come before a regular meeting of the Council. M. R, KANE, • W. S. ROBERTS, Councilmen. Proof of publication, certified to by the publishers, of notice of ffieet- ing for issnance of $28,000,00 Sewer Bonds for the purpose of defraying• the cast to that amount of building and constructing sewers in and for the City of Dubuque, Iowa, present• ed and read. There being• no objections filed Councilman Jaegep moved to receive and file the proof of publication. Seconded by Councilman Schiltz. Carried by the following vote: Yeas--Mayor Kane, Councilmen Jaeger, Roberts and Schiltz, Nays-None. Absent-Councilman Andelfinger. Ordinance No. 10-34 An. Ordinance providing for the issuance of $28,000.00 Sewer Bonds, providing for the levy of taxes to pay the same and declaring an emer- gency, presented and read. Councilman Schiltz moved that the reading just had be considered the first reading of the ordinance. Sec- onded by Councilman Roberts. Car• vied by the following vote: Yeas-Mayor Kane, Councilmen Jaeger, Roberts and Schiltz, Nays-None. Absent-Councilman Andelfinger. ~ /' i~~l l~~ ';1 ~,~ , , ',,,.' !h • . ~~. ~~~~,, , f~;! i f II~I;~ ~, i I I+ I'!' " i'j: ii ~0'II' il'!~ ~~ ~~ lr 250 Special Session, September 4th, 1934 ~ Special Session, September 4th, 1934 251 Councilman Schiltz, moved to sus• pend the rules requiring an ordin• ante to be read on three separate days. Seconded by Councilman Jaeger. Carried by the following vote: Yeas-Mayor Kane, Councilmen Jaeger, Roberts and Schiltz, Nays-None. Absent-Councilman Andelfinger. 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 Conncilman Jaeger. Carried by the following vote: Yeas-Mayor Kane, Councilmen Jaeger, Robert and Schiltz, Nays-None. Absent-Councilman Andelfinger. Councilman Schiltz moved that the ordinance be placed on file with the City Clerk for public inspection far at least one week pending final adop• tion. Seconded by Councilman Jaeg• er. Carried by the following vote: Yeas-Mayor Kane, Councilmen Jaeger, Roberts and Schiltz. Nays-None. Absent-Councilman Andelfinger. Petition of Chas. 0. Pape request- ing apermit for blasting Lock on the west side of Roosevelt Street on Lot 2 of 1 of Mineral Lot 309 and Lot 12 Johnson's Subdivision. also blasting bond in the amount of $5,000.00 to covet- said permit, pre• sented and read.. Councilman Roberts moved that the prayer of the petition be granted and a permit ordered issued and the blasting bond approved. Seconded by Councilman Jaeget•. Carried by the following vote: Yeas-Mayor Kane, Councilmen Jaeger, Roberts and Schiltz, Nays-ATOne. Absent-Councilman Andelfinger•, Council Proceedings for the month of July, 1934, presented for approval. Councilman Schiltz moved that the Council Proceedings for the month of July, 1934, be approved as printed. Seconded by Councilman Jaeger. Carried by the following vote: Yeas-Mayor Kane, Councilmen Jaeger, Roberts and Schiltz. Nays-None. Absent-Councilman Andelfinger. Petition of Cath. A. Glenn, referred to the City Council .by the Board of Supervisors, requesting the cancel~ lotion of the 1933 taxes on West 24 feet of City Lot 120, presented and read. Councilman Schiltz moved to re• fer the petition to the City Solic• itor for investigation and repm't. Seconded by Councilman Jaeger, Cat•r'ied by the following vote: Yeas-Mayer Kane, Councilmen Jaeger, Roberts and Schiltz. Nays-None. Absent-Councilman Andelfinger. Petition of Fannie Chihak, referred tb the City Council by the Board of Supervisors, requesting the sus- pension of the 1933 taxes on North r/2 of Lot 287 East Dubuque Addition. presented and read. Councilman Schiltz moved to t•efer the petition to the City Solicitor foz investigation and report. Second- ed by Cormcilman Jaeger. Carried by the following vote: Yeas -Mayor Kane, Councilmen, Jaeger, Roberts and Schiltz. Nays-None. Absent-Councilman Andelfinger. Petition and notice on the amend- ment of Colombia College, referred to the City Council by the Board of Supervisors, requesting the ex- emption of taxes on South 34 fee! of Lot 5 and the Nortlt 1 foot of Lot 4 in Bnettell and Langwotthy's Addition and Lot 3 of the Subdivi• sion of City Lot 507 and City Lot 566, presented and read. Councilman Schiltz moved to re• fer the petition and notice 'on the amendment to the City Solicitor fot• investigation and report. Seconded by Councilman Jaeger. Carried by the following vote: Yeas-Mayor Kane, Councilmen Jaeget•, Roberts and Schiltz. Nays-None. Absent-Councilman Andelfinger. Petition of Mrs. Catherine Doyle, referred to the City Council by the Board of Supervisors, requesting the cancellation of the 1933 taxes on Lot 14 of Newman, Cooper & Smith's Sub., presented and read. Councilman Schiltz moved to re- fer the petition to the City Salic• itor for investigation and t'eport. Seconded by Councilman Jaeger. Carried by the following vote: Yeas-Mayor Kane, Councilmen Jaeger, Roberts and Schiltz. Nays-None. Absent-Conncilman Andelfinger. Petition of John Schoerberl, refer red to the City Council by the Board of Supervisor's, requesting the sus• pension of the 1932 and 1933 taxes on Lot 2 of 1 of Linheim's Sttb., pre- sented 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 Jaeger, Roberts and Schiltz, Nays-Plone. Absent-Councilman Andelfinger. Petition of Miss Dm•a Wullweber, referred to the City Council by the Board of Supervisors, requesting the cancellation of the second half of the 1933 taxes on the West 44 feet of Lot 52 East Dubuque Addition, presented and read, Councilman Schiltz moved to re• fer the petition to the City Solicitor for investigation and report. Sec• onded by Councilman Jaeger. Car• ried by the following vote: Yeas-Mayor Kane, Councilmen Jaeget•, Roberts and Schiltz. Nays-None. Absent-Councilman Andelfiuger. Petition of George Sears, referred to the City Council by the Board of Snpervisors, requesting the suspen- sion of the 1933 taxes on Lot 1 of North r/z of Min, Lot 309A and Lot 2 of 3 of North 1/z of Min. Lot 309, presented and t•ead. 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 Jaeger, Roberts and Schiltz, Nays-None. Absent-Councilman Andelfinger, Petition of L, A. Miller, referred to the City Council by the Board of Supervisors, requesting the sus• pension of the last half of the 1930 taxes and all of the 1931, 1932 and 1933 taxes on Lot 2 of 2 of 4 of Bonson's Sub., presented and read. Councilman Schiltz moved to re• fer the petition to the City Solicitor for investigation and report. Sec- onded by Counciltnan Jaeger. Car• tied by the following vote: Yeas-Mayor Kane, Councilmen Jaeger, Roberts and Schiltz. Nays-None. Absent-Conncilman Andelfinger. Petition of The Dubuque Boys' Welfare Assn, and The Dubuque Boys' Club, referred to the City Council by the Board of Snpervisors, relative to having cancelled the de• linquent taxes on City Lot 209, pt•e• sented and read. Councilman Schiltz moved that the petition be ordered retm•neu to the Board of Supervisors for their in• dependent action. Seconded by Conn• Gilman Jaeger. Carried by the fol• lowing vote: Yeas-Mayor Kane, Councilmen Jaeger, Roberts and Schiltz. Nays-None. Absent-Councilman Andelfinger. Petition of The Dubuque Bays' Welfare Assn. and the Dubuque Boys' Club, requesting the cancel~ lotion of all real estate taxes on City Lot 2D9, 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-Mayot• Kane, Councilmen Jaeger, Roberts and Schiltz. Nays-None. Absent-Councilman Andelfinger. Mr. C. I. Kt'ajewski addressed the Council relative to the petition of the Dubuque Boys' Welfare Assn. and the Dubuque Boys' Club request- ing cancellation of all real estate taxes on City Lot 209, Councilman Schiltz moved to re• fer the petition to the City Council for their consideration. Seconded by Conncilman Jaeger, Carried by the following vote: Yeas-Mayor Kane, Councilmeu Jaeger, Roberts and Schiltz, Nays-None. Absent-Counciltnan Andelfinger. Petition of L. B. Estabrooks, re• questing a return to agricultural ex• entption of part of the taxes for the years 1933 and 1934 and hreeaftet• while used as a Public Golf Course on the following described pieces of land, Mineral Lot 200, Mineral Lot 189, Lot 1 and Lot 2 of Min• eral Lot 202, presented and read. Councilman Jaeger moved to re• fer the petition to the City Council fot• their consideration and the City Manager instructed to secure infor• oration from the City Assessor as to the reason why said land was removed from the agricultural ex• emption list. Seconded by Cottncil• man Schiltz. Carried by the fol• lowing vote. Yeas-Mayor Kane, Councilmen Jaeger, Roberts and Schiltz. Nays-None. Absent-Councilman Andelfinger, Communication of Good Wil] Tours Committee, Dubuque Chamber of Commerce, Manufacturers a n d Wholesale Division, requesting that the City be represented on the two day tout- into Northeastern Iowa on September- 19th and 20th, 1934, pt•e- sented and read. Councilman Schiltz moved to re~ fer• the comrnttnication to the City Council for their consideration at a later date. Seconded by Council• man Jaeger. Carried by the follow ing vote: Yeas-Mayor Kane, Couucilmen Jaeger, Roberts and Schiltz. Nays-None. Absent-Councilman Andelfinger. Proof of publication, certified to by the publishers, of the list of claims for which warrants were drawn during the month of July, 1934, presented and read. Councilman Jaeger moved to re• ceive and file the proof of publica~ tion. Seconded by Councilntau Schiltz. Carried by the following rote: 252 Special Session, September 4th, 1934 _ Yeas-Mayor Kane, Councilmen Jaeger, Roberts and Schiltz. Nays-None. Absent-Councilman Andelfinger. Communication of Iowa Aasocia• tion of Chiefs of Police requesting the City of Dubuque to send the Chief of Police to the annual con• vention to be held at Sioux City; Iowa, on Septem"oer 18, 19, 20, 1934, presented and read. Councilman Schiltz moved that Chief of Police J. W. Giellis be auth• orized to attend the convention. Sec• onded by Councilman Robet•ts. Car• Tied by the following vote: Yeas-Mayot• Kane, Councilmen Jaeger, Roberts and Schiltz. Nays-None. Absent-Councilman Andelfinger. Petition of Chas. Pape et al re• questing that the Dubuque Stone Products Company be enjoined and stopped from blasting except as per• mined by City Ordinance, presented and read. Councilman Roberts moved to re• ceive and file the petition. Second• ed by Councilman Schiltz. Carried by the following vote: Yeas-Mayor Kane, Councilmen Jaeger, Roberts and Sehiltz. Nays-None. ~ Absent-Councihnan Andelfinger. Communication of W. J. Connell, Director of Health, recommending that the drinking fountains located at 8th and Main Streets, 13th and Central Avenge, also in Washington and Jacltson Parks be either discon- tinued m• replaced with a type of fountain the same as the one now in rise on the fit•st floor of the City Hall, presented and read. Councilman Roberts moved to re- fer the comnumication to the City Manager. Seconded by Councilman Schiltz. Carried by the following vote: Yeas-Mayor Kane, Councilmen Jaeger, Roberts and Schiltz. Nays-None. Absent-Councilman Andelfinger. Reports of the Board of Health for the month of July, 1934, pre• sented. Councilman Schiltz moved that the repot•t of the Board of Health for the month of July, 1934, be re- ceived and placed on file. Second• ed by Councilman Jaeger. Carried by the folltvaing vote: Yeas-Mayor Kane, Councilmen Jaeger, Roberts and Schiltz. Nays-None. Absent-Councilman Andelfinger. August 20, 1934. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have approved the following pol~ icies covering signs and desire to have yottt• approval on same for fil• ings:- Ham Brewing Co., 1487 Central Avenue-Policy No. 0. L. & T. 432612, Continental Casualty Co. Tti•State Motor Co., 661-671 Iowa Street-Policy No. PW 403, Central Surety & Ins. Corp. Emil Leiser (Leiser Beverage Co.), 1348 Central Avenue-Policy No. GLA 803337, American Surety Co. Mathey Chevrolet Co., 6th and Iowa Streets, 588 Iowa Street-Pol- icy No. PW 405, Central Surety & Ins. Corp. Tradehome Shoe Stores, Inc., 606 Main Street-Policy No. OLT 5130, Fireman's Fund Indemnity Co. William M. Hill (Hill's Lunch), 2024 Central Avenue-Policy No. OLT 5123, Fireman's Fund Indemnity Co. Standard Oil Co., 18 signs within City Limits-Policy No. OLT 5125, Fireman's Fund Indetnity Co. Fauerbach Brewing Co., 2417 Rhom• berg Ave., 290 West 4th Street, 1656 Central Avenue, 1966 Central Aven• ue,'189 Locust Stt•eet, 2605 Rhom• berg Avenue-Policy No. C. L. I. 2300, Columbia Casualty Co. Fred Boyd, 609 Locust Street, 450 West Locust Street, S. E. Cor. 17th and Central, 1713 Maple Street-Pol- icy No. OLT 607, Indemnity Ins. Co. of North America. Yours very truly, A. E. SIGMAN, Sec'y to City Manager. Councilman Jaeger moved that the policies be approved and placed on file. Seconded by Councilman Schiltz. Carried by the following vote: Yeas-Mayor Kane, Councilmen Jaeger, Roberts and Schiltz. Nays-None. Absent-Councilman Andelfinger. August 8th, 1934. City Clet•k, J. J. Shea. Dubuque, Iowa. On August 4th, a copy of resolu- tio^ IQo. 78-34 and notice of con- demnation of brick walls on Lot 1-2, 1-3, 1-4, 1-5, B1. 27, pt. of Dub. Har• bor Improvement Ca. Addition in the City of Dubuque were mailed to Helen Cooper, owner, and today I received return receipt bearing the name of H. Cooper, which signifies said Helen Cooper has received and acknowledged aforesaid papers. En• closed are copies of resolution, no- tice, and returned receipt of regis~ tend mail. C. F. Bartels, Building Commissioner, City of Dubuque, Iowa. Councilman Schiltz moved that the t•eturn of service be received and filed. Seconded by Councilman Jaeg- Special Session, September 4th, 1934 253 er. Carried by the following vote Yeas-Mayor Kane, Councilmet Jaeger, Roberts and Schiltz. Nays-None. Absent-Councilman Andelfinger.. Written report of City Solicitor Czizek on petition of Frank Mac gino, tvho requested the City Coun cil to reconsider their previous ac tion in revoking his Class "B" beet permit and to allow him to continue to operate under his former permit. which was referred to him for re port begs to advise the Council tc permit their former action to stand and that the petition for reconsid eration be denied, presented and read. Attorney John A. Cunningham ad• dressed the Council relative to the petition of Frank Macgino. Councilman Schiltz moved that the report of City Solicitor Czizek be approved. Seconded by Councilman Jaeger. Carried by the following vote: Yeas-Mayor Kane, Councilmen Jaeger, Roberts and Schiltz. Nays-None. Absent-Councilman Andelfinger. Comntnnication of City Manager Evans stating that Mt•. H. W'. Wahl- ert, President of the Dubuque Pack- ing Company, has made the follow ing requests in connection with the proposed new and revised arrange- megts at their present location iii the black between Sycamore and Cedar Streets and between 16th and ]7th Streets: (1) Request far per- mission to construct and rise a wood- en ramp along the south sidewalk space of East 17th Street starting at a ground level near the Bee Branch Sewer. (2) Request for the right to temporarily use and fence the entire sidewalk space on the south of East 17th Street from Ced• ar Street east to the beginning of the ramp. (3) Request for permis• sion for the Chicago, Milwaul~ee R. R. Company to build a new single track railroad spur from near the tl~Iihvaukee Shops southwardly across the north end of Sycamore Street and along Sycamore Street to 16th Street. '(4) Request for permission to erect and use loading platforms on Sycamore Street across the west sidewalk space of Sycamore Street between 16th and 17th Streets, pre• sented and read. Coumcilman Jaeger moved to re• fer the communication to the City Council to view the gragnds. Sec- onded by Councihnan Schiltz. Car• ried by the following• vote: Yeas-NIayot• Kane, Councilmen Jaeger, Roberts and Schiltz. Nays-None. Absent-Councilman Andelfinger Resolution No. 99-34 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 bas examined the applications tivhich have been filed for permits for the sale of beer with- in the City of Dubuque and have approved such applications as ap• plies 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 Louis H. Kuehnle (Renewal), 1301 Rhomberg Avenue. Albert M. Meyer (New), 130 West 8th Street. Be it further resolved that the bonds filed with the applications be approved. Passed, adopted and approved this 4th day of September, 1934. 11I. R. KANE, Mayor. W. S. ROBERTS, PETER SCHILTZ, F, M. JAEGER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Jaeger moved the ad• option of the resloution. Seconded by Councihnan Schiltz. Carried by the following vote: Yeas-Mayor Kane, Councilmen Jaeger, Roberts and Schiltz. Nays-None. Absent-Councilman Andelfinger. September 4, 1934. Certificate of City Manager. To the Honorable Mayot• and City Council, Dubuque, Iowa. Gentlemen: The undersigned here- by certifies that the contract for the installation of Boulevard Lights on Main Street from Jones Street to West Thirteenth Street, United Electric Company, contractors, has been completed. I further certify that this work has been done in accordance with the plaits anti specifications and stip• ulations of the contract and I would therefore recommend its acceptance by the Council. Yours very truly, R. M. EVANS, City Manager. Resolution No. 100-34 A resolution accepting 5mprove- ntent far the installation of boule- vard lirhts on Main Street from Jones Stt•eet tc West Thirteenth 284 Special Session, w Street and directing the City En- gineer to prepare a plat and schedule _ showing the lots or parcels of real estate subject to assessment and file same in the office of the City Clerk subject to public inspection and said Clerk to publish the notice of thq Council's intention to levy said spe- ial assessment, presented and read. Councilman Schiltz moved the ad• - option of the resolution. Seconded = by Counbilman Jaeger. Carried by - the following vote: Yeas-Mayor Kane, Councilmen Jaeger, Roberts and Schiltz. - Nays-None. - Absent-Councilman Andelfinger. Resolution No. 101-34 = Preliminary approval of plans, specifications, form of contract and cost of improvement for the con- =_ struction and installation of storm water sewers in East 20th Street; - Rhomberg Avenue, Washington - Street and Farragut Street, present~ -_ ed and read. Councilman Jaeger moved the ad• option of the resolution. Seconded by Councilman Schiltz, Carried by the following vote: Yeas-Mayor Kane, Councilmen Jaeger, Roberts and Schiltz. - Nays-None, _ Absent-Councilman Andelfinger. Resolution No. 102-34 Fixing date of hearing upon plans, specifications, form of contract and cost of improvement for the con• struction and installation of storm water sewers in East 20th Street, Rhomberg Avenue, Washington Street and Fat•ragttt Street, said date being the 17th day of September, 1934, at 4:00 o'clock P. M., presented and read. Councilman Schiltz moved the ad• option of the resolution. Seconded by Councilman Roberts. Carried by the following vote: Yeas-Mayor Kane, Councilmen Jaeger, Roberts and Schiltz. Nays-None. Absent-Councilman Andelfinger. September 4, 1934. To the Honm~able Mayor and City Council, Dubuque, Iowa. Gentlemen; Attached is the only bid received up to 11 a. m. today for the proposed City Garbage Contract The bid submitted is from the E. E Frith Company, signed by Mr, E. T Frith, in the sum of $18,000 per yeas for garbage collection and disposal The bid includes a certified checl in the sum of $9,000, which is in ac cordance with the instructions .o City Council, on the basis of 10% o the entire 5-year contract. All other requirements of the notice to bidder. are stated in Mr. Frith's proposal. er 4th, 1934 The bid price is exactly the same as was submitted by Mr, Frith and accepted by the City Council five years ago. The City Manager's recommeuda• tion is that the bid be accepted and authority ftom the City Council be made for the signing of a five ,(5) year contract from and after Septem- ber 16, 1934. Yours very truly, R. M. EVANS, City Manager, Resolution No. 103-34. Resolution awarding contract for the collection and disposal of garbage and dead animals to E. E. Frith Company to cover a period of five years from the 16th day of September, 1934, at 'an annual cost to said City of $18,000.00 per year presented and read. Councilman Schiltz moved that the resolution be approved and that the resolution and form. of contract be placed on file for one week for pub 1 i c inspection. Seconded by Councilman Jaeger, Carried by the following vote: Yeas -Mayor Kane, Councilman Jaeger, Roberts, Schiltz. Nays-None. Absent-Councilman Andelfinger. Councilman Jaeger moved the adoption of the resolution extending the time limits from August 1st, 1934, on Iowa Projects Numbers 31- H-2, 31B2-10 and 31-B8.14. Seconded by Councilman Schiltz. Carried by the following vote: Yeas-Mayor Kane, Councilmen Jaeger, Roberts, Schiltz. Nays-None. Absent-Councilman Andelfinger, Verbal report of City Solicitor Czizek, on communication of City Treasm•er Puls in which the Treas- urer recommended the advisability of investing a part of the Bonded Debt Sinking Fund balance in the issue of special improvement bonds for the improvement of Main Street, Section No. 2 from Jones Street to West Thirteen Street, stating that the City has previously invested in bonds of like security presented. Councilman Schiltz moved that the City Treasurer be instructed to pur- chase the special improvement bonds issued for the improvement of Main Street, Section No. 2, Jones Streiit to West Thirtentlt Street, from the sur- plus in the Bonded Debt Sinking Fund, Seconded by Councilman Jae- ger. Carried by the following vote: Yeas -Mayor Kane, Couucilmeu Jaeger, Roberts, Schiltz. Nays-None. Absent-Councilman Andelfinger. P~Ir. Tom Reed addressed the Coun- cil requesting that the City Ordin- ance be amended so as to allow the Special Session, establishing of a permanent auction house in the building located at 965 Main Street. Councilman Jaeger moved to refer the request of Mt•. Tom Reed to the City Council. Seconded by Council- man Schiltz. Carried by the follow- ing vote: Yeas -Mayor Kane, Councilmen Jaeger, Roberts, Schiltz. Nays-None. Absent-Councilman Andelfinger. Petition of Geo. J, Vogel request- ing the City Council to make the Dubuque Altar Mfg. Co. a proposition to settle their taxes by cancelling all back taxes or by giving them at ]east a 60% reduction presented and read. Councilman Roberts moved to re- ceive and file the petition. Seconded by Councilman Schiltz. Carried by the following vote: Peas -Mayor I{ane, Councilmen Jaeger, Roberts, Schiltz. Nays-None. Absent-Councilman Andelfinger. There being no further business, Councilman Schiltz moved to ad- journ. Seconded by Councilman Jae• get-. Carried by the following vote: Yeas -Mayor Kane, Councilmen Jaeger, Robetts, Schiltz.• Nays-None. Absent-Councilman Andelfinger. J. J. SHEA, City Cler]t. Approved ....................................1934 Adopted ........................................1934. Councilmen; ; ........................................ Attest : .................................................. City Clerk. :ember 17th, 1934 255 CITY COUNCIL (Official,) Special Session, September 17th, 1934. Council met at 4:25 P, 114.. Present-Mayor Kane, Councilmen Jaeger, Roberts, Schiltz, City Man- aget• Evans. Absent-Councilman Andelfinger. Meeting called by ot•der of Coun- cilman Schiltz and Roberts. NOTICE AND CALL OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA, To F. M. Jaeger, Councilman. Yon are hereby notified that there is hereby called a special meeting of the City Council of the City of Du• buque, to be held in the Council Chamber in the City Hal] at 4:00 o'clock P. M. on Monday, September 17th, 1934. At this meeting there will be considered fot• final adoption the ordinance entitled, "Ordinance No. 10-34. An Ordinance providing for the issuance of $28,000,00 Sewer Bonds, providing for the levy of the taxes to pay the wine and declaring an emergency," which Ordinance has been on file with the City Clerk for public inspection since the 4th day of September, 1934, At this meeting there will also be introduced a reso• lution entitled, "Resolution directing the advertisement and sale of $28,000.00 Sewer Bonds, a*hieh reso• lution will have the consideration of the Council at that time, Any othBr fm•ther business that may properly come before a regular meeting of said Council will be considered at this meeting. PETER SCHILTZ, W. S. ROBERTS, Councilmen. Ordinance No. 10-34. An Ordin- ance providing for the issuance of $28,000.OD Sewer Bonds, providing for the levy of taxes to pay the same and declaring an emergency, said ordinance having been passed upon first and second readings on September 4th, 1934, and placed on file for public inspection, presented and read a third time. ORDINANCE N0, 10.34. An Ordinance providing for the ssuance of $28,000 Sewer Bonds, providing for the levy of taxes to pay the same rnd declaring an emergency. Whereas, the City of Dubuque, in the County of Dubuque and the State cf Iowa, heretofor, pursuant to and in strict compliance with all laws applic- able, lawfully ordered and provided for building and constructing sewers in and for said City at a cost of not less than $28,000; and, Whereas, it is necessary and zdvis- able that provisio,is be made for the issuance of bonds of said City bt the sum of $28,OD0 to defray the rost of 1~ 256 Special Session, September 17th, 1934 building and cmnstructing said servers; __ and, Whereas, notice and hearing on the -- initiation of proceedings for the issu- _ ance of said bonds has heretofor been given in manner and form required by Section 363 of the Cade of Iowa and no - petition nor protes has been filed: Now, Therefore, e it Ordained by the City Council of City of Dubuque, - follows: Section 1. That pursuant to and as authorized by Section 6126 of the Cade of Iowa, there shall be and there is hereby ordered issued the negotiable -- Sewer Bonds of said City of Dubuque l in the principal amount of $28,000; said bonds to be 28 in number, dated October 1, 1934, bearing interest at the .ate of Four and One-Half Percent (4'~~Ic) per - annum, from the date of said bonds until paid, payable April 1, 1936, and 1 semi-annually thereafter on the first ,~ ~D 1 days of October and April in each year; _ ~, . . ' that said bonds be signed by the Mayor ° and Attested by the City Clerlt and the seal of said City attached, and to be _ ~ registered as to issuance by the City _ Treasurer and a certificate of such reg- _ ~ istration endorsed thereon; that inter- - est upon said bonds be evidenced by ~ - ~ coupons thereto attached and maturing - on the several days when such interest matures, which coupons shall be exe- cuted with the facsimile signatures of said officials, and said Mayor and City Clerlr, by the execution of said bonds, ~\ ^ ) `~ shall adapt as and far their proper sig- natures, their respective facsimile sig- _ , ,J~ natures appearing on said coupons; and that both principal and interest '~e boy- ~ y able in lawful money of the United ~Y States of America, at the office of the City Treasurer in and of the City of - Dubuque, Iowa; that said bonds he of the denomination of $1,D00.00 each, be nambered consecutively from i 1.0 28, _ both numbers included, b@come rhie and = payable in their numerical order as fol- _ •s: $28,000.00 an October 1, 1948. Section 2. That each of said bonds be subject to registration as to princi- _ pal iu the name of the holder on 1.ite - hooks of the City Treasurer, such reg- istration 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 bands sa registered, upon the t•e- quest in writing of such holder, person- ally or by attorney in fact, may be transferred either to a designated trans- feree or to bearer, and the principal of any bonds so transferred and registered to bearer shall thereupon be and be- come payable to bearer in like manner ' as if such bond had never been regis- tered. Registration of any bonds as to principal shall not restrain the negoti- ability of the coupons thereto attached by delivery merely, - Section 3. ,That said bonds, coupons and provisions Tor registration be in substantially the following forms: - (FORM OF BOND) UNITED STATES OF AMERICA STATE OF IOWA COUNTY OF DUBU(,1UE - CITY OF DUBURUE SEWER BOND No. $1,000.00 _ Know All Man By These Presents: That the City of Dubuque, in the Coun- ty of Dubuque and State of Iowa, for • value received, promises to pay to bear- er, or if this bond be registered as to principal, to the registered holder there- . of, the sum of One Thousand Dollars , ($1,000.00) on the first day of October, 1948, rvith interest ott said sum frorn the date hereof until paid at the rate of -- per cent (-;a) pet annum, payable April 1, 1935, and semi- annually thereafter on the first days of October and April in each Year, on pre- sentation and surrender of the interest coupons hereto attached as they sever- ally mature. Both principal and inter- est of this bond are payable in lawful money of the United States of America at the office of the City Treasurer in yydlof the City of Dubuque, Iowa. ~ts bond is issued by the City of Dubuque, pursuant to and in strict com- pliance with the provisions of Section 6126 and Chapter 63-B1 of the Code of Iowa, and all laws amendatory thereof and supplementary thereto, and in con- formity with an Ordinance of the City Council of said City duly passed, ap- proved and published, for the purpose of building and constructing sewers in and for said City. And it is hereby certified and recited that all acts, conditions and things re- quired by the laws and constitution of the State of Iowa to exist, to l>e ltad, to be done, or to be performed precedent to and in the issue of this bond, rv•ere and have been properly existant, l:,ad, done and performed in regular and due form and time; that provisions have been made for the levy of a sufficient continuing annual tax on all the tax- able property within said City fur the his bond as the tsameaw']lrespectively become due; that the faith credit, t•ev- enues and resources and all the real and personal property of said City are irrevocably pledged for the prompt pay- ment hereof, both principal and inter- est; and that the total indebtedness of said City, including this bond, dons not exceed any constitutional or statutory limitations. This bond is subject to t•egistration as to principal in the name of tha holder on the books of the City Treasurer of said City, such reglstratimt to be evi- denced by notation of said Traasur•er on the bath hereof, and after such reg- istration no transfer hereof, except upon such books and similarly noted hereon, shall he valid unless the last registration shall have been to nearer. Registration hereof shall not affect the negotiability of the coupons hereto at- tached, which shall continue negotiable by delivery merely. IN TESTIMONY WHEREOF, said City, by its Comtcil, has caused this bmtd to be signed by its Mayor and attested by its City Clerk, with tha seal of said City affixed and the coupons hereto attached to be executed with the facsimile signatures of said Mayor and City Clerk, which officials by the execution of this bond do adopt as and for their Proper signatures their re- spective facsimile signatures appear- ing ott said coupons, all the first day of October, 1934. 1layor of the City of Dubuque, Iowa. Attest: Clerlt of the City of Dubuque, Iowa. (FORM OF COUPON). No. $--- On 19-, the Treasurer of the City of Dubuque, in Dubuque County, Iowa, will pay to bearer Dollars, ($ ), at the office of tha City Treasurer, Dubuque, Iowa, for interest due that date on its Server Bond, dated October 1, 1934, No. .1layor of the City of Dubuque, Iowa. Attest: ~ Special Session, September 17th, 1934 257 Clerk of the City of Dubuque, Iowa. (Form of Registration of Ownership). Date of Registration Name of Registered Orvner Signature of City Treasurer. On the back of each bond there shall be endorsed a certificate of the City Treasurer in the following form: CITY TREASURER'S CERTIFICATE. The issue of this bond has been duly and properly registered in my office as of the first day of October, 1934. Treasurer of the City of Dubuque, fa. Section 4. That said bonds be exe- cuted as herein provided as soon after the adoption of this ordinance as may be and thereupon they shall be deliv- ered to the Treasurer of said City, who shall register the fact of the issuance of same in a book provided for that purpose and shall deliver said bonds to the purchasers, as determined by this Council, upon receipt of the purchase price, the same to be not less than the par value of said bonds with accrued in rest thereon. ection 6. That for the Purpose of providing for the levy and collection of direct annual tax sufficient to pay he interest on said bonds as it falls ne, and also to pay arid. discharge {~ he principa! thereof at maturity, there f ~ e and there is hereby levied upon al] ~j axable property in said City in each f the years while said bonds ar any _~ tl f them are ontstanding~, a tax sufficient \J~~(" or that purpose, and in furtherance of his provision but not in limitation hereof that there be and there is tereby levied on all the taxable prop- ~ erty in said City the following' direct annual tax, to-tvit: Far the year 1935, a tax sufficient to a produce the sum of $2,520, being $1,260 to reimbw'se current funds for ad- ~• " vaneements to pay interest due luting the year 1936 and $1,260 for interest. Far each of the years 1936 to 1946, both inclusive, a tax sufficient to pro- duce the sum oP $1,260 each year for interest. For the, year 1947, a tax sufficient to produce the smn of $29,260 for princi- pal and interest. ~ Said taxes when collected shall be converted into a special fund for the pa3'ment of principal and interest of the bonds hereby authorized and no other purposes whatsoever. coon 6. That the principal w• in- terest coming' due at any time when there are insufficient funds oa band to pay the satire, 'be promptly paid when clue from current funds on hand, and reimbursement Ue made to such current funds in the sums thus advanced when the taxes herein provided shall have been collected. Section 7; That a certified copy of this Ordinance be filed with the County Auditor of Dubuque Comtty and .that said Auditor be and he is hereby in- structed in and for each of the years 1936 to 1947, inclusive, to enter for collection and assess the tax hereby authorized Section 8. That all ordinances and resolutions or parts thereof in conflict herewith be and the same are hereby repealed. Section 9, That it is necessary for the immediate preservation of public peace, health and safety that this ordi- nance become effective upon its pass- age, approval and publication, and' it is so ordered. Introduced, September 4th, 1934. Passed and approved September 17th, 1934. M. R. KANE, Mayor. W. S. ROBERTS, PETER SCHILTZ, F. M. JAEGER, Councilten. Attest: J. J. SHEA, City Clerk. Recorded, September 18th, 1934, Published, September 19th, 1934. J, J. SHEA, City Clerlt. Published officially in the Telegraph- Herald and Times-Journal newspaper September 19th, 1934. J. J. SHEA, 9-19-1t City Clerk. Councilman Schiltz mAVed the a(Ibption of the ordinance. Seconded by Councilman Jaeger, Carried by the following vote: Yeas -Mayor Kane, Councilmen Jaeger, Roberts, Schiltz, Nays-None. Absent-Councilman Andelfinger. Resolution No. 104-34, RESOLUTION DIRECTING THE ADVERTISEMENT AND SALT; OF $28,000 SEWER BONDS. Whereas, it is necessary and for the best interests of said City that $23,000 Sewer Bonds contemplated to be issued by the City of Dubuque, Dubuque County, Iowa, be offered for sale at this time: Now, There- fm•e, Be It Resolved by the City Coun• cif of Dubuque, Iowa, as follows: Section 1. That Sewer Bonds in the amount of $28,000 as proposed to be issued and as referred to in the Preamble of this Resolution, dated October 1, 1934, be offered for sale pursuant to published advertisement. Sec, 2. That the City Clerk be and he is hereby authorized 'and directed to pttblisll hotice of the sale of said bonds foI• two or more consecutive weeks iu tlio Telegraph-Herald and Times-Journal, an official newspaper of Dubuque County, printed and pub- lished in the City of Dubuque, Iowa, such notice to state that bids will be received and acted upon by tfie Council at a meeting to be held at 4 o'clacl: P. M, on October' 8, 1934, 'and such notice to be in substantial- ly the following form: "NOTICE OF SALE OF BONDS Sealed bids will be received at the office of the City C1eI•k in the City of Dubuque, Iowa, until 10 o'cloclt A. M., October 8, 1934, for $28,000 Server Bands of the City of Dubuque, Iotaa, at which time they will be re- ferred to the City Council of said City at its meeting to be then held 258 Special Session, September 17th, 1934 - in the Council Chamber of the City - Hall, and after the receipt of which open bids will be received and the - bonds will then be sold to the high- est biddet• for cash. Said bonds will be dated October 1, 1934, and ma- ture $28,000 on Octobet• 1, 1948. Both principal and interest are to be paid at the office of the City Treasurer, _ Dubuque, Iowa. All bids shall spec- _ ify the rate of interest, and all other things being equal, the bid of par and accrued interest or better for the lowest interest rate will be given preference. The successful bidder _ must pay the cost of printing the '. bonds. These bands are to be issued for the purpose of defraying the cost of building and constructing sewers and - will constitute general obligations of _ the said City. The City will furnish = the approved opinion of Messrs. 'Chapman & Cutler, Lawyers, Chi- cago, Illinois, and all bids must be - so conditioned. °_ Bidders must furnish certified checlt for $1,000 as guarantee of - good faith, this amount to be for- = feited by the successful bidder - should he fail to take up and pay for the bonds when ready. The right is - reserved to reject any or all bids. By order of the City Council. J, J. SHEA, - City Clerlt." - Dated September 19th, 1934. - Section 3. That the City Clerlt is further authorized to prepare such circulars for future advertisements as may be deemed advisable in order to afford due publication for the sale of said bonds. - Section 4, That all Resolutions of parts of Resolutions in conflict here- - with be and the same are hereby repealed. Passed and approved September 17, 1934. M. R. KANE, Mayor. _ 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 -Mayer Kane, Councilmen _ Jaeger, Roberts, Schiltz. - Nays-None. Absent-Councilman Andelfinger. Proof of publication, certified tc by the publishers, of the notice a1 hearing upon plans and specifica tions, form of contract and cost of construction of storm water sewer: in East 20th Street, Rhomberg Ave nue, Washington Street and Farra• gut Street, 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 Jaeger, Roberts, Schiltz, Nays-None. Absent-Councilman Andelfinger. Resolution No. 105-34. Resolution containing decision of the Council upon objections to plans and specif- ications,form of contract and cost of construction of storm water sewers in East 20th Street, Rhomberg Ave• nue, Washington Street and Farra- gut Street, presented and read. Councilman Jaeger moved the adoption of the resolution. Seconded by Councilman Schiltz. Carried by the following vote: Yeas -Mayor Kane, Couucilmen Jaeger, Roberts, Schiltz, Nays-None. Absent-Councilman Andelfinger. Resolution No. 1DS-34. Resolution m•dering construction and directing the Clerlt to advertise for bids for the construction of stm•m water sewers in East 20th Street, Rhom- berg Avenue, Washington Street and Farragnt Street, presented and read. Councilman Jaeger moved the adoption of the resolution Seconded by Councilman Schiltz, Carried by the following vote: Yeas -Mayor Kane, Councilmen Jaeger, Roberts, Schutz. Nays-None. Absent-Councilman Andelfinger. Petition of S. D. Canavan et al., requesting the construction of sani- tary sewers im Chestnut Street and Cox Street, presented and read. Councilman Roberts moved to sus- pend the rules for the purpose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Schiltz. Carried by the following vote: Yeas -Mayor Kane, Councilmen Jaeger, Roberts, Schiltz. Nays-None. Absent-Councilman Andelfinger. Mr. S. D. Canavan addressed the Council requesting that sanitary sewers be constructed in Chestnut Street and Cox Street. Councilman Roberts moved to re• fer the petition to the Council. SecF onded by Councilman Schiltz. Car- ried by the following vote: Yeas -Mayor Kane, Councilmen Jaeger,: Roberts, Schiltz. Nays-None. Absent-Councilman Andelfinger. Commupication of Sidney J. Wil- liams, Director, Public Safety Divi- sion, National Safety Council, hc., Special Session, September 17th, 1934 259 extending invitation to City Man- ager Evans to attend the conference of Community Safety Council Man- agers which will be held in Cleve• land, Ohio, on September 29th and 30th, 1934, presented and read, Councilman Roberts moved to re• ceive and file the communication. Seconded by Councilman Schiltz. Carried by the following vote: Yeas -Mayor Kane, Councilmen Jaeger, Roberts, Schiltz. Nays-None. Absent-Councilman Andelfinger. Communication of Retail Met'- chants Bm•eau, with attached resolu- tion, opposing the amending of the City Ordinance relating to auction sales so that 'a permanent Auction House may be established, presented and read. Councilman Jaeger moved that the communication and resolution be made a matter of record. Seconded by Councilman Schiltz. Carried by the following vote: Yeas -Mayor Kane, Councilmen Jaeger, Roberts, Schiltz. Nays-None. Absent-Councilman Andelfinger. Petition of Mary G. Starr referred to the City Council by the Board of Supervisors, requesting the suspen- sion of the 1932 and 1933 taxes on West 48 feet of Lot 3, Farley's Sub., the East 5 feet of Lot 4, Barley's Sub., and the 1933 tax on Cain's Sub. the North i/ of Lot 5, presented and read, Councilman Schiltz moved to re- fer the petition to the City Solicitor for investigation and report. Second- ed by Councilman Roberts. Carried by the following vote: Peas -Mayor Kane, Councilmen Jaeger, Roberts, Schiltz. Nays-None. Absent-Councilman Andelfinger. Petition of Mary J. Ring, referred to the City Council by the Board of Supervisors, requesting the suspen- sion of the 1934 taxes on North 1/z of West 170 feet of Lot Z88, Davis Farm Addition, presented and read, Councilman Schiltz moved to refer the petition to the City Solicitor for investigation and repm•t. Seconded by Councilman Roberts. Cat•ried by the following vote: Yeas -Mayor Kane, Councilmen Jaeger, Roberts, Schiltz. Nays-None, Absent-Councilman Andelfinger. Petition of Franlt Kressig, re• fert•ed to • the City Council by the Board of Supervisors requesting the suspension of the 1934 taxes on Lqts 74.75-76, Pleasant View Addition, presented and read, Councilman Schiltz moved to refer the petition to the City Solicitor fm' investigation and report, Seconded by Councilman Roberts. Carried by the following vote: Peas -Mayor Kane, Couucilmen Jaeger, Roberts, Schiltz, Nays-None. Absent-Councilmen Andelfinget•. Petition of Mrs. Matilda Cooper, referred to the City Council by the Board of Supervisors, requesting the cancellation of the 1932 and 1933 taxes on Lot 29 of Mineral Lot 39 presented and read. Councilman Schiltz moved to refer the petition to the City Solicitor for investigation and report. Seconded by Councilman Roberts, Carried 6y the following vote: Peas -Mayor Kane, Councilmen Jaeger, Roberts, Schiltz. Nays-None. Absent-Councilman Andelfinger. Petition of Mrs. Walter J. Burke, referred to the City Council by the Board of Supervisors, requesting the cancellation of the 1933 taxes on Lot 4 of South Avenue Addition present- ed and read. Councilman Schiltz moved to refer the petition to the City Solicitor for investigation and t•eport. Seconded by Councilman Roberts. Carried by the following vote: Yeas -Mayor Kane, Councilmen Jaeger, Roberts, Schiltz. Nays-None. Absent-Councilman Andelfinger. Petition of Mrs. Bridget Casey, re- ferred to the City Council by tlae Boat•tl of Supervisors, requesting the suspension of the 1933 taxes on Lot 1 of 2 of 7 of M. L. 79, Lot 2 of 1 of 1 of 3 of 7 of M. L. 79 and Lot 2 of 1 of 3 or 7 of M, L. 79, pre• rented 'and read. Councilman Schiltz moved to refer the petition to the City Solicitor fot• investigation and report. Seconded by Councilman Roberts. Carried by the following vote: Yeas -Mayor I{one, Councilmen Jaeger,, Roberts, Schiltz, Nays-None. Absent-Councilman Andelfinger, Petition of Barbara Eberhardt, re- ferred to the City Council by the Board of Supervisors, requesting the suspension of the last half of the 1933 taxes on NW. 1/r of Lot 95, L. H, Langworthy's Add., and Lot 1 of 2 of S. 1/z of 96 L. H. Langworthy's Add., presented and read, Councilman Schiltz moved to re- fer the petition to ,the City Solicitor for investigation and report, Sec- onded by Councilman Roberts, Car- ried by the fallowing vote: Yeas -Mayor Kane, Councilmen Jaeger, Roberts, Schiltz. Nays-None. Absent-Councilman Andelfinger. 260 Special Session, S Petition of Mathilda Becker, re• = ferred to the City Council by the _ Board of Supervisors, requesting the - suspension of the 1933 taxes on N. - '/z of Lot 2, Frank Fosselman's Sub„ presented and read. Councilman Schiltz moved to refer the petition to the City Solicitor for investigation and report, Seconded by Councilman Roberts. Carried by _ the following vote: Yeas -Mayor Kane, Councilmen Jaeger, Roberts, Schiltz, = Nays-None. ° Absent-Councilman Andelfinger. Petitions of Henrietta. Pesky, re- _ ferred to the City Council by the _ Board of Supervisors, requesting the - suspension of the 1932 sand 1933 tax- es on Lot 7, Kelly's Sub., and the 1929, 1930, 1931, 1932 sand 1933 taxes suspended on Lot 2 of 2 of 9 of City - Lat 703, Lot 2 of 8 of City l.ot 703 ° and Lot 4 and 5 of City Lot 703, pre- - sented and read. Councilman Schiltz moved to re- -_ for the petition to the. City Solicitor _ for investigation and report. Second- ed by Councilman Roberts, Carried -_ by the following vote: Yeas -Mayor Kane, Councilmen - Jaeger, Roberts, Schiltz. - Nays-None. Absent-Councilman Andelfinger. Petition of Lessie Dawson, re- - ferred to the City Council by the Board of Supervisors, requesting the -_ suspension of the 1933 taxes on Lot 79, Union Add., presented and read. - Councilman Schiltz moved to refer the petition to the City Solicitor for investigation and report. Seconded __ by Councilman Roberts. Carried by the fallowing vote: _ Peas -Mayor Kane, Councilmen Jaeger, Roberts, Schiltz. Nays-None. Absent-Councilman Andelfinger. Petition of F. J. Kotowske et al., requesting that the Interstate Pow- er Company operate their busses on A~fount Loretta Avenue presented and read. Councilman Jaeger moved to refer the petition to the City Manager. Seconded by Councilman Roberts. Carried by the following vote: Yeas-Mayor Kane, Councilmen Jaeger, Roberts, Schiltz, Nays-None. Absent-Councilman Andelfinger. Warranty Deed from Dubuque Lum- ber ~ Coal Co. to the City of Du- buque conveying Lat 25 (excepting Railnoad Right of Way) in McCra- ney's Eagle Point Addition, present• _ ed. Councilman Jaeger moved that the Warranty Deed be accepted and re• corded with the County Recorder, Member 17th, 1934 Seconded by Councilman Schiltz. Carried by the following vote: Yeas - Mayot• Kane, Councilmen Jaeger, Roberts, Schiltz, Nays-None. Absent-Councilman Andelfinger. Petition of Max Blum requesting that before granting a permit to the Milwaukee Railroad Company tc ex- tend attack down Sycamore Street to 16th Street that it be required to give him or subsequent holder or purchaser of the real estate now held by him the right to require the Milwaulee Railroad Company, upon payment for the extension, to extend the railroad tracks south on Syoa- mone Street to 15th Street ar to ex• tend the tracks south through the alley west of Sycamore Street from 16th Stroet to 15th Street at the election of the petitioner or any sub- sequent holder of said real estate to use the branch road in receiving or shipping freight presented and read. Councilman Roberts moved to re- fer the petition to the Council. Sec- onded by Councilman Schiltz. Car- ted by the following vote: Yeas -Mayor I{one, Councilmen Jaeger, Roberts, Schiltz. Nays-None. Absent-Councilman Andelfinger, September 12, 1934. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Yesterday morning Mr. Oliver Kringle stopped me on plain Street and advised that he had objections to a new railnoad track being constructed and used on Syca- more Street. Mr. Kringle advised that he had recently purchased three houses on tine west side of Sycamore Street just north of 18th Street.' While the members of the City Council were viewing thfs proposed railroad track location yesterday afternoon, Mr. Kringle also handed to Councilman Peter Schiltz a list of persons objecting to this proposed railroad track. The petition is here• with attached. Yours very truly, R. M. EVANS, City Manager. Councilman Schiltz moved to refer the communication of City Manager Evans with the attached petition of Jas. Benda et al. to the Council. Seconded by Councilman Jaeger. Carried by the following vote: Peas - Maym• Kane, Councilmen Jaeger, Roberts, Schiltz, Nays-None. Absent-Councilman Andelfinger, September 11, 1934. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: On September 9, 1921, the City of Dubuque purchased at a Special Session, September 17th, 1934 261 request dated September 4, 1934, for the continued Agricultural Exemp• tion on certain portions of the Bunk• et• Hill Golf Course, owned by Mr. L. B. Estabrooks, was referred to the City Manager for a report by action of the City Council, Septem• ber 4, 1934. On November 21, 1927, a petition from Mr. L. B. Estabrooks was sub- nutted to the Council requesting Agricultural Exemption on the fol- lowing tracts: Min. Lot No. 189 (17.25 acres), part of M. L. 265 (12.05 acres), M. L, 200 (19.63 acres), M. L. 202 (12 acres), part of M, L. 201 (5,03 acres), M, L. 340 (18.35 acres), or total act•eage of 84.31 acres. The action of the Council was that the request he referred to the City Sa• ]icitm• for report. Accordingly, at the meeting of March 27, 1928, Mr. Czizek recom• mended that certain portions of the area petitioned to be exempt were entitled to Agricultural Exemption, while other parts were not. The tracts recommended and authorized by Council for Agricultural Exemp- tion March 27, 1928, were M. L. 200 (19.63 acn•es), M. L. 1 of 189 (17.25 acres), Lot 1 of 265, Lot 1 of 202, and part of Lot 201 (22.51 acres) or a total of 59.39 acres. Again on December 4, 1928 the same question was presented to Ceuncil. The action taken was that the same Agricultural Exemption be continued for 1928 as was authorized for the 1927 taxes. ! Mr. Estabrooks advised today that, since his original petition and auth• orization by Council portions of vat- ions tracts belonging to him had been taxed on Agricultural Exemp- tion basis until the 1933 levy for 1934 taxes. On August 7, 1933, the Budget oP Expenditures for the year 1934 was revised by the striking off of the Agricultural Exemptions on Mr. Es• tabrooks' tracts including M. L, 200, M. L. 189, Lot 1 of M. L. 265, Lots 1 and 2 of 202, including a total acreage of 48,72 acres, Other form• er Agricultural Exemptions were al• so eliminated at this time, At a conference with the Assess- ons September 8th, Mr. Bennett showed facts that the Assessors had Placed valuations on all the Esta- bn•ool[ property without Agricultural Exemptions. The Council had pre• viously adjusted, yearly, the certain area exempt, but the Assessors were not advised of the exemptions. It was ascertained that in the As- sessor's records a reduction in Esta• tax sale, held at the Court House, Lot 27 in Block 26, Dubuque Harbor Improvement Company's Addition to the City of Dubuque, for the im- provement of Faut•th Street exten- sion, levied October 19, 1916, the City paying the sum of $72,45. Only July 13, 1925, the City re- ceived aTreasurer's deed from Mr, C. E. Mullin, County Treasurer, which deed was filed for record July 18, 1925. On January 4, 1927, J. H. Rhomberg, deceased, purchased the tax sale certificate against the afore• said property for the delinquent reg- ular tax of 1924 and 1925, also pay- ing asubsequent tax on April 27, 1927. I have since learned from the Township Assessor, George Bennett, that the value of this lot is placed at $72.00, On January 26, 1926, Mary E, Waller, to whom this property was assessed before purchase by the City of Dubuque, gave to the aforesaid J. H. Rhomberg, deceased, a quit claim deed, which was Sled for rec- m~d January 15, 1926, At the time of making of this deed to J. H. Rhom- berg, deceased, the City of Dubuque was then owner of this property, having received a Treasurer's deed from the County on July 13, 1925. Mr. J. Anthony Rhomberg, admin• istraton• of the estate of J. I-I, Rhom- berg, deceased, is now serving notice on the City of Dubuque to redeem this property or at the expiration of ninety (90) days he will claim title. I am setting out these facts and attaching hereto the notice of re- demption far your consideration. The cost of redemption as of Octo- ber 1st, 1934, amounts to $19.63. Yours very truly, OTTO F.PULS, City Treasurer, Councilman Jaeger moved that the City redeem Lot 27 in Block 26 in Dubuque Harbor Improvement Com- pany's Addition and that a warrant in the sum of $19.63 be ordered drawn on the City Treasurer in fa- vor of the County Treasurer for the redemption of said lot. Seconded by Councilman Schiltz. Carried by the fallowing vote: Yeas -Mayor Kane, Councilmen Jaeger, Roberts, Schiltz, Nays-None. Absent-Councilman Andelfinger. September 10, 1934. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The question of the = 262 Special Session, S brooks city valuations had been - made as follows: Acre- 1931 Val- 1935 Val- - age ues For ues For 1932 Taxes 1934 Taxes M. L. 189....._....17,26 $1,100.00 $ 740.00 M. L. 200.,,..,,.....19.63 2,800.00 1,900.00 Part of M. L. 201 6.87 600.00 400.00 M. L. 202-1.,,... 5.47 1,000.00 680.00 M. L. 202-2...... 6.67 1,100.00 740.00 M. L. 340-2...... 3.35) _ M. L, 340-1 of 3 ........,.._........... 9.62) 1,000.OD 630.00 M, L. 265-1.....,12.05) = M. L, 265-2......1.30) 1,120.00 752.00 ~ Assessor's To- - tal City Acreage .........86.21 Assessed Val- uations .................... $8,720.00 $5,892.00 Taxed Val- - ations ....................... 2,180.00 6,892.00 Millage Rates ...._... 158.0 M. 41.3 M. Assessor's Rec- ord of Taxes.....,... 344.44 243.34 Mr. Estabrooks reports that his - total taxes far the portions of the Golf Course land within the City, (part of his tract, including his home, is beyond city limits) and as - follows: 1931 Levy for 1932 Taxes,.....$205.82 1932 Levy for 1933 Taxes...... 197.06 1933 Levy for 1934 Taxes...... 243.34 N1,r. Estabrooks stated that his first nine holes were opened for use June 17, 1927; the second nine holes were started in July, 1927, and op• - ened far use in June, 1928. , Mr. Estabrooks further stated that his estimate of the use of his 86 - acres within the city includes 41.0 acres for golf; 40.0 acres of timber - in various locations and 5.0 acres _ of non-used land. He stated that no cows were pastured on his land, but hay along the rough in the fair- ways had amounted to as much as G tons in 1932, but none this year. The hay was used by Mr. Bradley, The request of September 4, 1934; for Agricultural Exemption on the lots including Mineral Lot 200 ..................19.63 Acre. Mineral Lot 189 ..................17.25 Acre: Lot 1 of M. L, 202....:....... 5.47 Acre: Lot 2 of M. L. 202............ 6.67 Acre: Total ................................49.02 Acre The present request for Agricul rural Exemption is 49/86 of the rota tract while the exemption of 192' and 1928 were 59/86 of the total There may be a legal question of thi division of Lots 1 and 2 of M. L. 202 both less than 10.0 acres. The sta totes (6210) provide that no exemp tion is permitted on tracts under 10.1 acres of area and same must be uses for farming purpose or preservatioi of timber (2605). No map is avail able of the specific location of the ll golf holes. It is estimated that eac] and every one of the various tract contains one or more golf hole: ember 17th, 1934 alight variations exist in the various acreage. This question rests with the Coun- eiL In August, 1933, the previous exemptions were first denied, since 1927, by the City Council action. Yours very truly, R, M, EVANS, City Manager. Councilman Schiltz moved that the prayer of the petition be granted and the County Auditor instructed ac- cordingly, Seconded by Councilman Jaeger. Carried by the following vote: Yeas -Mayor Kane, Councilmen Jaeger, Roberts, Schiltz, Nays-None. Absent-Councilman Andelfinger. September 5, 1934. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: In accordance `with the authorized agreement of May 7, 1934, between the City and Mr. Nich- olas Welbes for the use of Welbes' playground field up to September 4, 1934, for the sum of $50.00, please be advised that the time limit of the playground use of this private property ltas expit•ed, The children of the `vest end are still using this field and Mr. Welbes objects to con- tinued use. At a conference today with Mr. Welbes and Mr. Syl. McOauley, Mr. Welbes finally agreed to permit the use' of his land for football, skating and other recreational features for the next eight (8) months, or to May 1, 1935, for the sum of flfty ($50.00) dollars, which is the same amount paid to him for Your mouths of use this summer. Within the last few days several requests and complaints have been filed to secure the Welbes tract fm• playground purposes this fall and this winter-. Mr. Welbes was advised that if the City Council did approve and authorize the farther use of his tract, that likely no payment for the same could be made until next spring. The playground situation in the west end of the City is critical. If this tract can be used, it will pro• vide a safe location for many hun- dreds of children this fall and winter. Yours very truly, R. M, EVANS, City Manager. Councilman Jaeger moved that authority be granted for the i~ettt- ing of Welbes Field for an addi• tional 8 month period till May 1st, 1935, far the sum of $50.00 said war- rant to be drawh against the Recre• ation Fnnd Nhen appropriation is available. Seconded by Councilman Special Session, September 17th, 1934 263 Schiltz, Carried by the following vote: Yeas-Mayot• Kane, Councilmen Jaeger, Roberts and Schiltz. Nays-None. Absent-Councilman Andelfinger, September 13, 1934. To the Honorable Mayot• and .City Council, Dubuque, Iowa. Gentlemen; The City Council, at an informal meeting held Septem• ber 12th, considered the request pre• seated by the Dubuque Boys' Wel• fare Association and the Dubuque Boys' Club. This request was orig- inally referred by the Council to the Council September 4, 1934, and in• eluded tax exemption on the property considered to be purchased by the Boys' Club, but yet owned by the Dubuque Bread Co., said property being on Lot 209, southeast cornet~ of Iowa and 9th Streets. Upon advice from the City Solic• itor and County Attorney, the City Council determined that it was not legal to cancel taxes on property not yet owned by the Boys' Clttb, Ac• cordingly, the request, above men• tinned; was denied. Yours very truly, R, M. EVANS, City Manager. Councilman Jaeger moved that the action of the City Council be ap• proved. Seconded by Councilman Roberts. Carried by the following vote: Yeas-Mayor Kane, Councilmen Jaeger, Roberts and Schiltz. Nays-None. Absent-Councilman Andelfinger. September 13, 1934. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: On June 5, 1934, the City Council referred a petition, signed by L, J. Eberhardt, Jr., et al, objecting to a proposed erection, or re•erection, of a billboard on Kniest Street on property of Mr. A. Duet- scher to the City Manager. The petition is herewith returned for the records of the Council No attempt has been made toward the billboard erection. In this location and all others the full requirements of the Zoning Ot•dinance will be enforced on billboard locations. Yours very truly, R. M. EVANS, City Manager, Councilman Jaeger moved to re- ceive and file the communication of City Manager Evans and also the petition of L. J. Eberhardt, Jr., et al. Seconded by Councilman Schiltz. Carried by the following vote: Yeas-Mayor Kane, Councilmen Jaeger, Roberts and Schiltz. Nays-Nose. Absent-Councilmen Andelfinger. September 13, 1934. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The City Council yesterday considered -the request of the Central Avenue Business Men's Association, submitted to Council July 2, 1934, asking that City Routes 20, 55 and 61 for Federal Highways be established on Central- Avenue from 4th to 14th Streets, The decision of the Council was that, since the saute three city routes had been authorized to be estab• lashed on Main Street prior to July 2, 1934, it was impossible to autho~'- ize additional City Routes for Fed• er•al Highways on Central Avenue from 4th to 14th Streets. Yaut•s very truly, R. M. EVANS, City Manager. Councilman Jaeger moved that the decision of the Council be received and filed. Seconded by Councilman Schiltz, Carried by the following vote: Yeas-Mayor Kane, Councilmen Jaeger, Roberts and Schiltz. Nays-None. Absent-Councilman Andelfinger'. September 13, 1934. To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: On May 7, 1934, the matter- of a claim for injuries sus• rained by Mrs. Clarence Sauer who fell and suffered injuries at 8th and Main Streets in the year 1933, was personally discussed with the City Council. Action of the Council was that the claim be referred to the Council. After investigation of said claim, the City Council `determined on Sep• tember 12, 1934, to deny the claim. Yours very truly, R. M. EVANS, City Manager. Councilman Roberts moved that the decision of the Council be re• ceived and filed. Seconded by Coun• Gilman Schiltz, Carried by the fol• lowing vote: Yeas-Mayot• Kane, Councilmen Jaeger, Roberts acid Schiltz. Nays-None. Absent-Councilman Andelfinger. September 13, 1934. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At an informal meet- ing of the City Council held Sep• tember 12, 1934, the question was submitted to the Council in regard to the possible change of al] city man-operated gates and flags at cer- ~~ 264 Special Session, September 17th, 1934 Special Session, September 17th, 1934 265 I~~~~ ~I~~1~~ ~ ,~ tain city street crossings of railroad lines to electrically operated flash- ing signals operating 24 hours per day, Information was also given, indi• rectly, that possibly all the local Railroad Companies favored the use of the modern electric flashing sig- nal system and that possibly a flash- ing signal system could be secured at all street crossings, whereas at present many street crossings are entirely unprotected and some other crossings have a flagman only at cer• twin hours of the day and at cer• tain times of the year. Special dang• Brous conditions exist at East 16th, East 17th, Lincoln Avenue, 29th Street, etc. In a copy of a letter at hand from Mr. T, H, McDonald, Chief of Bureau of Public Roads, U. S, Department of Agriculture, to District Engineers, it is stated that the Joint Committee on Grade Crossing Protection of the American Railway Association ap• proves certain types of electric flashing signals with additional stop signs in case of current failure, This committee favors uniform signals that have already proved success- ful and efficient in actual service. In the City of Des Moines, Iowa, also at DeWitt, Iowa, several cross- ings have recently been changed to the electric type. In Illinois, Indi- ana, Ohio and Pennsylvania many electric signs are no~v in service at main crossings where fast ritov- ing trains crass Federal Highways. The cost and maintenance of all the possible new electric signals at all city* railroad crossings would be up to the individual railroad, or in a few cases, to two or more rail- roads involved at certain crossings. The questions to be considered are tivhether or not the City Coun• cil would favor this change of some- what antiquated protection service to the modern type; whether or not the ordinance should be changed re- quiring electric signals at present gate and watchman locations and at possibly all crossings in the City; and whether or not the local rail- road companies will agree to this change at this time. It is suggested that this electric signal service be investigated and secured if possible far increased safety to every grade crossing in our City. Yours very truly, R, M, EVANS, City Manager. Councilman Schiltz moved to re fer the communication of City Man ager Evans to the Council. Second ed by Councilman Jaeger. Carriei by the following vote: Yeas-Mayor Kane; Councilmen Jaeger, Roberts and Schiltz. Nays-None. Absent-Councilman Andelfinger. September 17, 1934. 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:- SIGNS George C. Rath & Sons, Inc., 1203-7 Central Avenue-Policy No. 0. L. & T. 432610, Continental Casualty Co. Kretz Cafeteria, 498 Main Street -Policy No. IR 2430, The Fidelity & Casualty Co. Charles Landon, 245 West 8th Street-Policy No, 0. L. & T, 432615, Continental Casualty Co. Eisenegger's Old Style Restaurant, 1105 Iowa Street-Policy No. ILO 55383, Great American Indemnity Co. Jos. J. Bertsch (Merchants Hotel), 300-326 Main Street-Policy No. ILO 56408, Great American Indemnity Co. Courtland F. Hillyard, 1101-35 Main Street-Policy No. IP 1895, The Fi• delity & Casualty Co. EXCAVATION Irving Seubert and Edna Fesler, 1828 Central Avenue-Policy No. ILC 2G191, Great American Indemnity Co. Yours very truly, R. M. EVANS, City Manager. Councilman Jaeger moved that the policies be approved and placed on file. Seconded by Councilman Schiltz. Carried by the following vote: Yeas-Mayor Kane, Councilmen Jaeger, Roberts and Schiltz. Nays-None. Absent-Councilman Andelfinger. September 10, 1934, To the Honm•able Mayor and City Council, Dubuque, Iowa. Gentlemen: I am submitting here- with reports of the City Auditor, City Treasurer and City Water Depart- ment for the month of August, 1934, also list of claims and list of pay rolls for which warrants were issued during the month of August, 1934. Yours very truly, R, M. EVANS, City Manager. Councilman Schiltz moved that the reports be received and place on file, Seconded by Councilman Roberts. Carried by the following vote: Yeas-Mayor Kane, Councilmen Jaeger, Roberts and Schiltz. Nays-None. Absent-Councilman Andelfinger. Resolution No. 103-34 RESOLUTION AWARDING CON- TRACT FOR THE COLLECTION AND DISPOSAL OF GARBAGE AND DEAD ANIMALS. Be it resolved by the City Council of the City of Dubuque, Iowa, that a contract be awarded to E. E. Frith Company, for the collection and dis- posal of garbage and dead animals in said City, said contract to cover a period of five (5) years from the sixteenth (16th) day of September, 1934, at an annual cast to said City of $18,000.00 per year. Be it further resolved that the City Manager and Clerk be and they are hereby directed to execute said con• tract on behalf of the City of Du• buque, Iowa, said contract to be in accordance with the proposal execut• ed and submitted by the contractor and the published notice to Bidders, as authorized by the City Council, Angtlst 10th, 1934, all of which are hereby, made a part hereof, by refer- ence thereto, a form of contract to be approved by this Council before the same is finally executed. Approved and placed on file far one week for public inspection this 4th clay of September, 1934. Passed, adopted and approved this 17th day of September, 1934. M. R. KANE, Mayor, W. S. ROBERTS, PETER SCHILTZ, F. M. JAEGER, Councilmen. Attest: J. J. Slrea, City Clerk. Councilman Schiltz moved the ad• option of the resolution, Seconded by Councilman Jaeger, Carried by the following- vote: Yeas-Mayor Kane, Councilmen Jaeger, Roberts and Schiltz. Nays-None. Absent-Councilman Andelfinger. Garbage Contract I{now All Men By These Presents: That articles of agreement are hereby entered into by and between the City of Dubuque, a municipal corporation, of Iowa, as party of the first part, and E. E, Frith Company of Dubuque, Iewa, party of the sec- ond part, with and under the follow ing terms and couditions to•wit: 1, In consideration of the matters and things and works to be done and performed by said party of the sec• and part, the party of the first here- by agrees to pay said party of the second part the sum of $18,000.00 per year for a period of five years from the 16th day of September, 1934, pay- ments each year to be made in twen• tyfour• installments computed at the middle and end of each month. 2. The patty of the second part, in consideration of the, payments to be made as herein stated, agrees to collect all garbage, dead animals and decayed matter within the entire limits of the City of Dubuque as now existing, and dispose of the name at its reduction plant outside the City ~, Limits, and, in order that the per- iods of collection and tho number of times collections are to be made may be understood, the said City is di- vided into two districts within which collections are to be made as follows: DISTRICT N0. 1. This district in- cludes all the territory - circum- scribed by West 17th Street on the North, Jones Street on the South, Bluff Street on the West, and Cen- tral Avenue on the East, both sides of the named streets includ- ed. In this district, collections shall be made three times a week from Juue 1st to November 1st and twice a week at other times. DISTRICT N0. 2. This district embraces all parts of the City within its present limits which are not included within District No. 1. Collections shall be made in Dis- trict No. 2 twice a week from June 1st to November 1st and once a week from November 1st to June 1st. 3. Throughout the entire city, dead animals shall be removed daily, Sun• days and holidays included, 4. The second party shall use an adequate number of vehicles for the collection of garbage, which vehicles shall be so constructed as to be non- leakable and so loaded as not to per• ntit the scattering of garbago or ref• use upon the streets, sidewalks, or alleys, and when loaded the contents thereof shall be secm•ely covered. 5. To insure the faithful perform- ance of the contract during the con- tract peried, the party of the second part shall furnish the party of the first part with a surety bond in the penal stmt of $5,000, which bond shall be so conditioned as to protect the said first party against all damages which it may sustain by reason of the breach of any of, the terms or conditions of this contract. 6. The proposal submitted by the party of the second part and the surety bond furnished by it are here- by made a part of this contract just as much as if the provisions thereof were set out fully herein. This contract has been executed by the City of Dubuque by its City Manager and Clerk pursuant to a resolution duly adopted September 17th, 1934, by the City Council of said City and the execution' of the same by al] of the parties hereto which constitute an acceptance of all of the provisions hereof, 2hF, 5necial Session, September 17th, 1934 Dated and signed at Dubuque, Iowa, this 18th day of September, 1934. CITY OF DUBUQUE, Party of the first part. By R, M. EVANS, Manager. By J. J, SHEA, 1 Passed, adopted and approved this 17th day of September, 1934, M. R. KANE, Mayor. W. S. ROBERTS, PETER SCHILTZ, F. M, JAEGER, Councilmen. Yeas - Maym• Kane, Councilmen Witness: Cleri. Attest: J. J. SHEA, W. H. CULLEN City Clerk. A, E. SIGMAN. Councilman Schiltz moved the E. E. FRITH COMPANY, adoption of the r•esolutioh. Seconded Party of the second part. by Councilman Roberts. Carried by By E. T. FRITH. the following vote: Petition of Dominick Gala request- Jaeger, Roberts, Schiltz. ing permission to rent his building Nays-None. located at 574 East 16th Street for Absent-Councilmah Andelfinger. the business as a beer tavern i;o whomsoever he might deem fit, said Resolution No. 108-34. building having been previously rent- ge It Resolved by the City Conn- ed for a beer tavern and that on cil of the City of Dubuque that the August 12th, 1934, said owner of the following, having complied with the beer permit was arrested and found provisions of law relating to the sale guilty of selling beer ou Sunday of cigarettes within the City of Du- which caused the building to be va- buque, be gt•anted a permit to sell toted far a period of six months for cigarettes and cigarette papers with- the use as a beer tavern, presented in said City and the Manager is di- and read. Attorney Ed. Tschudi ad- rected to issue such permit on behalf dressed the Council r•e]ative to the of said City: petition of Dominick Gala, Mrs. George Biver-521 East 22nd Councilman Jaeger moved that the Street. prayer of the petition of Dominick Be It Further- Resolved that the Gala be denied. Seconded by Coun- bond filed `vith the application be cihnan Roberts. Carried by the fol• approved, lowing vote: Passed, adopted and approved this Yeas -Mayor Kane, Councilmen 17th daY of September, 1934. Jaeger, Roberts, Schiltz. M, R. KANE, Nays-None. Absent-Councilman Andelfinger. Resolution No. 107-34. A Resolution approving applica- tions for the sale of beer- and auth- orizing the issuance of permits, Wlrereas, 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 as 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 Joseph J, Bever-530 East 22nd Street. John P. Carney-116 West 6th Street, Frank Reuter-2616 W i n d s o r Avenue. Mr•s, Sophie McMatrn-1236 Iowa Street. Be It Further Resolved that the bonds filed with these applications be approved. Mayor. W. S. ROBERTS, PETER SCHILTZ, F. M. JAEGER, Councilmen. Attest: J. J. SHEA, City Clerk. Ceuncilman Schiltz moved the adoption of the resolution. Seconded by Councilman Jaeger. Carried by the following vote: yeas -Mayor Kane, Councilmen Jaeger, Roberts, Schiltz. Nays-None. Absent-Councilman Andelfinger. Petition of Dominick Welu request- ing arefund iu the amount of $75,00 on his cigarette license, as he, has discontinued business and the sale of cigarettes at the location of 532 East 22nd Street, presented and read. Councihnau Jaeger moved that the prayer, of the petition be granted and a warrant in the amount of $75.00 be ordered drawn on the City Treasurer in favor of Dominick We• lu to cover the amount of the refund. Seconded by Councilman Roberts. Carried by the fallowing vote: Yeas -Mayor Kane, Councilmen Jaeger, Roberts, Schiltz. Nays-None. Absent-Councilman Andelfinger. Special Session, September 17th, 1934 267 Condemnation Resolution No, 109-34 Whereas, under appropriate pro- ceedings heretofore taken by this Council, certain brick walls and structures located upon Lots 1 of 2, 1 of 3, 1 of 4, and 1 of 5 in Bloclc 27, part of Dubuque Harbor Improve- ment Company's Addition in the City of Dubuque and owned by Helen Cooper was declared to be dangerous and liable to fall, and the owner thereof was given 'an oppor• tunity to be heard and show cause why such structure should not be declared a nuisance and ordered abated:- Now, Therefore, Be It Resolved that the Building Commissioner be and he is hereby directed to cause to be sent by registered mail a written notice to the owner of said premises at her last known address requiring her to abate said nuisance and take the same down on or before said 15th day of October, 1934, attaching to said notice a copy of this Reso- lution. Be It Further Resolved that should said owner fail to abate said nuis• ante and take down said dangerous structure within the time hereby de• scribed, then and in such event said structure shall be taken down and the nuisance created thereby be abated by and under the direction of the Chief of the Fire Department and all costs and expense incident thereto shall be assessed against said described real estate, in the manner provided by law: Passed, adopted and approved this 17th day of September, 1934. M. R. KANE, ' Mayor. W. S. ROBERTS, PETER SCHILTZ, F. M, JAEGER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Roberts moved the adoption of the resolution. Seconded by Councilman Jaeger. Carried by the following vote: Yeas -Mayor Kane, Councilman Jaeger, Roberts, Schiltz. Nays-None: Absent-Councilman Andelfinger. Verbal report of City Manager Evans recommending the installa- tion of a 250 C. P, street light, to be located at abort the middle of Burch Street, presented, Councilman Schiltz moved that the recommendation of City 11lanager Evans be approved. Seconded by Councilman Roberts. Carried by the following vote: Yeas -Mayor Kane, Councilmen Jaeger, Roberts, Schiltz. Nays-None. Absent-Councilman Andelfinger. Verbal request of Mr. Wille for permission to operate a beer tavern at 1901 Washington Street pre- sented. Councilman Schiltz moved that the request be denied. Seconded by Councilman Roberts. Carried by the following vote: Yeas-Mayor Kane, Councilmen Jaeger, Roberts, Schiltz, Nays-None, Absent-Councilman Andelfinger. Councilman Roberts moved that Councilman Peter Schiltz and City Manager Evans be authorized to at- tend the Good Will Tour of North- eastern Iowa on September 19th and 20th, 1934. Seconded by Councilman Jaeger. Carried by the- following vote: Yeas - Pilayor Kane, Councilmen Jaeger, Roberts. Nays-None. Absent-Councilman Andelfinger. Councilman Schiltz not voting. Councilman Jaeger moved that Leuise Schadler, owner of Lot 2, Sub. Lot 2 of Saunders' Sub., be granted permission to pay the delin- quent special assessment install- ments levied against said property by paying the principal plus 6n/o in- terest and advertising costs, the peu• alties to be omitted, and the County Treasurer instructed accordingly. Seconded by Councilman Roberts. Carried by the following vote: Yeas -Mayor Kane, Councilmen Jaeger, Roberts, Schiltz. Nays-None, Absent-Councilman Andelfinger. There being no further business, Councilman Jaeger moved to ad- journ. Seconded by Councilmatf Schiltz, Carried by the following vote: Yeas -Mayor Kane, Councilmen Jaeger, Roberts, Schiltz. Nays-None. Absent-Councilman Andelfinger. J, J. SHEA, City Clerk. Approved ......................................1934. Adopted ........................................1934. Councilmen { ...................................... Attest : .................................................. City Clet•k. I,,,I . i ~~~ , filLf 268 Special Session, September 21st, 1934 _ CITY COUNCIL (Official) Special Sessien, September 21st, 1934. Council met at 4:20 P. M. Present-Mayor Kane, Councilmen Andelfinger, ,Roberts, Schiltz and City Manager Evans. Absent-Councilman Jaeger. Meeting called by order of Coun• cilmen Schiltz and Roberts. NOTICE AND CALL OF SPECIAL, COUNCIL MEETING Te M. B. Andelfinger, Councilman. You are hereby notified and there is hereby called a Special Meeting of the City Council of the City of Dubuque to be held in the Council Chamber at the City Hall at 4 o'clock P. M. on Friday, September 21, 1934. At this meeting there will be intro- duced an Ordinance entitled "~Jrdin• ante No. 12-34. An Ordinance amending an Ordinance entitled 'Or- dinance No. 10-34. An Ordinance providing for the issuance of $28,000 Sewer Bonds, providing for the levy of taxes to pay the same and declar- ing an emergency' by amending sec- tiogs 1 and 5 thereof so as to fix oth- er maturities of said bonds and pro• vide far the levy of taxes to pay the same and declaring an emergency." There will also be introduced at said meeting a Resoluiton entitled: Reso• lotion No. 110-34. A resolution re- scinding aresolution adopted on Sep- tember 17, 1934, entitled `Resolution No. 104-34. A Resolution directing the advertisement and sale of $28,000 Sewer Bonds':' Such other business will be transacted at said meeting as may properly come before a regular meeting of the Council. Dated at Dubuque, Iowa, this 20th day of September, 1934, PETER SCHILTZ, W. S. ROBERTS, Councilmen. SPECIAL ORDINANCE Ordinance No. 11-34 An Ordinance granting to the Chi- cago, Milwaukee, St. Paul & Pacific Railroad Company, its successors and assigns, the right to construct, main- tain and operate an Industry Track, over, along and upon Sycamore Street and intersecting streets from East 19th Street to East 16th Street, and declaring an emergency, pre• sented and read. Councilman Andelfinger moved that the reading just had be consid• eyed the first reading of the ordin- ance. Seconded by Councilman Schiltz. Carried by the following vote: Yeas-Mayor Kane, Councilmen Andelfinger, Roberts and Schiltz. Nays-None. Absent-Councilman Jaeger. Councilman Andelfinger moved to suspend the rules requiring an ordin- ance to be read on three separate days. Seconded by Councilman Schiltz. Carried by the following vote: Yeas-Mayor Kane, Councilmen Andelfinger, Roberts and Schiltz. Nays-None. Absent-Councilman Jaeger. The ordinance was then read a second time. Councilman Andelfinger moved that the reading just had be con• sidered the second reading of the ordinance. Seconded by Councilman Schiltz. Carried by the following vote: Yeas-Mayor Kane, Councilmen Andelfinger, Roberts and Schiltz. Nays-None. Absent-Councilman Jaeger. Councilman Andelfingei~ move d that the requests of the Dubuque Packing Company, for permission to construct and use a wooden ramp along the south sidewalk space of East 17th Street starting at a ground level near the Bee Branch Sewer", for the right to temporarily use and fence the entire sidewalk space on the south of East 17th Street from Cedar Street east to the beginning of the ramp and for permission to erect and use loading platforms on Sycamore Street across the west sidewalk space of Sycamore Street between 16th and 17th Streets, be granted and the City Solicitor in- structed to draw up the necessary proceedings. Seconded by Council- man Schiltz. Carried by the follow- ing vote: Peas -Mayor Kane, Councilmen Andelfinger, Roberts, Schiltz. Nays-None. Absent-Councilman Jaeger. Ordinance Ne. 12-34. An Ordin- ance amending an Ordinance entit- led "Ordinance No. 10-34. An Or- dinance providing for the issuance of $28,000.00 Sewer Bonds, providing for the levy of taxes to pay the same and declaring an emergency" by amending Sections 1 and 5 thereof so as to fix other maturities for said bands and provide for the levy of taxes to pay the same, and declaring an emergency, presented and read. Ceuncilman Andelfinger move d that the reading just had be consid- eyed the first reading of the ordin- ante. Seconded by Ceuncilman Schiltz. Carried by the following vote: Yeas -Mayor Kane, Councilme^ Andelfinger, Roberts, Schiltz. Special Session, September 21st, 1934 269 Nays-None. Absent-Councilmen Jaeger. Councilman Andelfinger moved to suspend the rules requiring an or- dinance to be read on three separate days. S e c o n d e d by Councilman Schiltz. Carried by the following vote: Yeas -Mayor Kane, Councilmen Andelfinger, Roberts, Schiltz, Nays-None. Absent-Councilman Jaeger. The ordinance was then read a second time. Councilman Andelfinger moved that the reading just had be considered the second reading of the ordinance. Seconded by Councilman Schiltz. Carried by the fallowing vote: Yeas -Mayor Kane, Councilmen Andelfinger, Roberts, Schiltz. Nays-None. Absent-Councilman Jaeger. Resolution No. 110-34. A Resolution rescin[ling a resolu- tion adopted on September 17, 1934, entitled "A resolutimr directing the advertisement and sale of $28,000 Sewer Bonds." Be It Resolved by the .City Council of the City of Dubuque: Section 1. That a resolution here- tofore adopted by this Council en• titled: "Resolution Na. 104-34. A Resolution directing the advertises meat and sale of $28,000 Sewer Bonds" be and the same is hereby rescinded, said resolutimi having been adapted on the 17th day of September, 1934. Section 2. That the City Clerk be and he is hereby directed to discon- tinue the publication of notices of the sale of said bonds, Section 3. That all resolutions or parts of resolutions in conflict here- with be and the same are hereby re• pealed. Passed and approved this 21st day of September, 1934. M. R. I{ANE, Mayor. M. B. ANDELFINGER, W. S. ROBERTS, PETER SCHILTZ, Councilmen, Attest: J. J. SHEA, City Clerk. Councilman Andelfinger move d the adoption of the resolution. Sec- onded by Councilman Roberts. Oar- ried by the following vote: Yeas -Mayor Kane, Councilmen Andelfinger, Roberts, Schiltz. Nays-None, Absent-Councilman Jaeger. Proof of publication, certified to by the publishers, of Ordinance No, 10-34, An Ordinance providing for the issuance of $28,000 Sewer Bonds, providing for the levy of taxes to pay the same and declaring an emer- gency presented and read. Councilman Schiltz moved to re- ceive and file the proof of publica- tion. Seconded by Councilman Rob- erts. Carried by the following vote: Yeas -Mayor Kane, Councilmen Andelfinger, Roberts, Schiltz. Nays-None. Absent-Councilman Jaeger. Communication of P, M, Benton, Finance Director for the Adminis- trator, Federal Emergency Adminis- tration of Public Works, stating that the application of the City 6f Du- buque for federal funds for the con- str•uctiou of a municipal swimming pool has been rejected by the Public Worlts Administration at Washing- ton, D, C., presented and read. Councilman Roberts moved to r•e• ceive and file the communication. Seconded by Councilman Andelfih- .ger Carried by the following vote: Yeas -Mayor Kane, Councilmen Andelfinger, Roberts, Schiltz. Nays-None. Absent-Councilman Jaeger, Communication of C, W. Bond, Secretary, Upper Mississippi Water- way Association, containing official notice of annual meeting of'Upper Mississippi Waterway Association to be held at Minneapolis, Minn., on October 17th, 1934, requesting that the City of Dubuque be represented at said meeting, presented and read. Councilman Schiltz moved to refer the communication to the Council, Seconded by Councilman Andelfin- ger. Carried by the following vote: Yeas'- Mayor Kane, Councilmen Andelfinger, Roberts, Schiltz. Nays-None. Absent-Councilman Jaeger. Communication of Clarence E. Rid- ley, Executive Director, of the Inter- national City Managers' Association, extending invitations to the Mayor, City'Ceuncil and City Manager to at- tend the annual convention of the International City Managers' Assoc- iation to be held at St. Louis, Mis- souri, on October 15.17, 1934, pre- sented and read. Councilman Andelfinger move d that the Mayor, City Manager and members of the City Council who fin[l it convenient to do so be auth- orized to attend the convention. Seconded by Councilman Roberts. Carried by the following vote: Yeas -Mayor Kane, Councilmen Andelfinger, Roberts, Schiltz. Nays-None. Absent-Councilman Jaeger. Original Notice of Suit of Rose Birndorf in the amount of $1,000.00 for injuries sustained in falling at f l ~,I,; !~'~~, ,, 270 Special Session, September 21st, 1934 the intersection of Eighth and Main Streets presented and read. Councilman Schiltz moved to refer the Original Notice of Suit to the City Solicitor, Seconded by Council- man Andelfinger. Carried by the fol- lowing vote: Yeas -Mayor Kane, Councilman Andelfinger, Roberts, Schiltz, Nays-None. Absent-Councilman Jaeger. Petition of Elizabeth Byrne, re- ferred to the City Council by the Board of Supervisors, requesting the cancellation of the 1933 taxes on Lot 20 and Lot 1 of 1 of 24, Bonson & Stewart's Sub., presented and read, Councilman Andelfinger moved to refer the petition to the City Solic- itor for investigation and report. Seconded by Councilman Schiltz, Carried by the following vote: Yeas ^- Mayor Kaue, Councilmen Andelfinger, Roberts, Schiltz. Nays-None. Absent-Councilman Jaeger. Petition of Maud McLaughlin, re- ferred to the City Council by the Board of Supervisors, requesting the cancellation of the 1933 taxes on South ~Z of Lot 314 of East Dubuque Add,, presented and read, Councilman Andelfinger moved to refer the petition to the City Solic- itor for investigation and report, Seconded by Councilman Schiltz, Carried by the following vote: Yeas -Mayor Kane, Councilmeq Andelfinger, Roberts, Schiltz. Nays-None. Absent-Councilman Jaeger. Petition of John W. Miller, re. ferred to the City Council by the Board of Supervisors, requesting the cancellaton of the 1933 taxes on parts of Lots 40 and 41 of Cook's Addition presented and read. Councilman Andelfinger moved to refer the petition to the City Solic• itor for investigation and report Seconded by Councilman Schiltz, Carried by the following vote: Yeas -Mayor Kane, Councilmei Andelfinger, Roberts, Schiltz, Nays-None, Absent-Councilman Jaeger, Petition of Jacob Hefty, referret to the City Council by the Board o: Supervisors, requesting the suspen sion of the 1933 taxes on Lot 584 Ham's Addition, presented and read Councilman Andelfinger moved ti refer the petition to the City Solic itor for investigation and report Seconded by Councilman Schiltz Carried by the following vote: Yeas -Mayor Kane, Councilmen Andelfinger, Roberts, Schiltz. Nays-None, Absent-Councilman Jaeger. Petition of Louisa Scharff, referrer ;o the City Council by the Board of Supervisors, requesting the suspen- sion of the 1933 taxes on Lots 34 apd 35, Belmont Addition, presented and read. Councilman Andelfinger moved to refer the petition to the City Solic- itor for investigation and report. Seconded by Councilman Schiltz, Carried by the fallowing vote: Yeas -Mayor Kane, Councilmen Andelfinger, Roberts, Schiltz. Nays-None. Absent-Councilman Jaeger. Petition of Wm. Schmid, referred to the City Council by the Board of Supervisors, requesting the suspen- sion of the 1933 taxes ou Lot 2 of 1 o f l o f l a n d Lot 2 o f l o f 1 o f Weland's Sub., Presented and read. Councilman Andelfinger moved to refer the Petition to the City Solic- itor for investigation and report. Seconded by Councilman Schiltz. Carried by the following vote: Yeas -Mayor Kane, Councilmen Andelfinger, Roberts, Schiltz. Nays-None. Absent-Councilman Jaeger. Petition of Peter N. Nicks, re• ferred to the City Council by the Board of Supervisors, requesting the cancellation of the 1933 taxes on Lot 3 of Phillip's Sub,,, presented and read. Councilman Andelfinger moved to refer the Petition to the City Solic- itor for investigation and report. Seconded by Councilman Schiltz. Carried by the following vote. Yeas -Mayor Kane, Councilmen Andelfinger, Roberts, Schiltz. Nays-None. Absent-Councilman Jaeger. Petition of Mrs. Mary Nicks, re- ferred to the City Council by the Board of Supervisors, requesting the cancellation of the 1933 taxes on property located at 1848.1850 White Street presented and read. Councilman Andelfinger moved to refer the petition to the City Solic- itor far investigation and report. Seconded by Councilman Schiltz. Carried by the following vote: Yeas -Mayor Kane, Councilmen Andelfinger, Roberts, Schiltz. Nays-None. Absent-Councilman Jaeger. Report of the Board of Health for the tponth of August, 1934, pre• sented. Councilman Andelfinger move d that the report of the Board of Health for the month of August, 1934, be received and placed on file. Seconded by Councilman Roberts. Carried by the following vote: Special Session, September 21st, 1934 271 Yeas -Mayor Kane, Councilmen Andelfinger, Roberts; Schiltz. Nays-None. Absent-Councilman Jaeger. Resolution No. 111-34. Be It Resolved by the City Coun- cil of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cfgarettes within the City of Du- buque, be granted a permit to sell cigarettes and cigarette papers with• in said City and the Manager is di- rected to issue such permit on be• half of said city; Paul Meyer, 532 East 22nd Street. Be It Further Resolved that the bond filed with the application be approved. Passed adopted and approved this 21st day of September, 1934. M, R. KANE, Mayor. M. B. ANDELFINGER, W. S, ROBERTS, PETER SCHILTZ, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Roberts moved the adoption of the resolution. Seconded by Councilman Andelfinger. Carried by the following vote: Yeas -Mayor Kane, Councilmen Andelfinger, Roberts, Schiltz. Nays-None. Absent-Councilman Jaeger. Councilman Andelfinger moved to suspend the rules for the purpose of allowing any one present iu the Council Chamber, who wishes to do so, to address the Council, Seconded by Councilman Schiltz. Carried by the following vote: I eas -Mayor Kane, Councilmen Andelfinger, Roberts, Schiltz. Nays-None, Absent-Councilman Jaeger, Mr. Scott, Representative of the State Department of Agriculture, ad- dressed the Council relative to beer taverns being compelled to sterilize their glasses and stating that alltav- ern owners with the exception of two have complied with this order, There being no further business, Councilman Andelfinger moved to adjourn. Seconded by Councilman Schiltz, Carried by the following vote: Yeas -Mayor Kane, Councilmen Andelfinger, Roberts, Schiltz. Nays-None. Absent-Councilman Jaeger. J. J. SHEA, City Clerk. Approved ....................................1934. Adopted ........................................1934. Councilmen { Attest : .................................................. City Clerk.