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1933 May Council ProceedingsCITY COUNCIL (Official) Regular Session, May 1st, 1933. Council met at 7:45 P. M. Present —Mayor Kane, Council- men Andelfinger, McEvoy, Schuck- ert, City Manager Evans. Absent — Councilman Thompson. Mayor Kane stated that this is the regular monthly meeting of the City Council for the purpose of acting upon such business as may proper- ly come before the meeting. Petition of H. L. McClellan, agent for Standard Oil Company, request- ing that a left hand turn be al- lowed on the green light at Eighth and Locust Streets and also sug- gesting that the curb be set back on the corner of the intersection adjacent to the Standard Oil Com- pany property, presented and read. Councilman Schuckert moved to refer the petition to the City Coun- cil. Seconded by Councilman Mc- Evoy. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy and Schuckert. Nays —None. Absent — Councilman Thompson. Claim of H. F. Mackert in the amount of $5.18 to cover damages to his car due to protruding rocks on Roosevelt Street, presented and read. Councilman Andelfinger moved to refer the claim to the City Solic- itor for investigation and report. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy and Schuckert. Nays —None. Absent — Councilman Thompson. Communication of Engineering Extension Service of Iowa State Col- lege, Ames, Iowa, extending an in- vitation to the City of Dubuque to send a representative of the Fire Department to attend the Fire School to be held at the Iowa State College on May 23, 24, 25 and 26, presented and read. Councilman Andelfinger moved that the Chief of the Fire Depart- ment be authorized to attend the Fire School. Seconded by Council- man Schuckert. Carried by the fol- lowing vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy and Schuckert. Nays —None. Absent— Councilman Thompson. Petition S. E. Swann et al request- ing that Catherine Street from An- gella Street north to Quigley's Lane be brought to grade, presented and read. Councilman Schuckert moved to Regular Session, .May 1st, 1933 97 refer the petition to the City Coun- cil to view the grounds. Seconded by Councilman Andelfinger. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy and Schuckert. Nays —None. Absent — Councilman Thompson. Councilman Schuckert moved that the matter of grading Brunswick Street be referred to the City Coun- cil to view the grounds. Second- ed by Councilman Andelfinger. Car- ried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy and Schuckert. Nays —None. Absent — Councilman Thompson. Petition of Sam Polsky, referred to the City Council by the Board of Supervisors, requesting the can- cellation or suspension of the 1930, 1931 and 1932 taxes on Lot 306 of East Dubuque Addition, presented and read. Councilman Schuckert moved to refer the petition to the City So- licitor for investigation and report. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy and Schuckert. Nays —None. Absent — Councilman Thompson. Petition of Mary A. Flynn, re- ferred to the City Council by, the Board of Supervisors, requesting the suspension of the 1932 tax on Lot 6 of Quigley's. Sub. of 710, pre- sented and read. Councilman Schuckert moved to refer the petition to the City So- licitor for investigation and report. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy and Schuckert. Nays —None. Absent — Councilman Thompson. Petition of Mrs. Elizabeth Wagen- er, referred to the City Council by the Board of Supervisors, request- ing the cancellation of the 1932 tax on Lot 4 of 3 of Min. Lot 467, pre- sented and read. Councilman Schuckert moved to refer the petition to the City So- licitor for investigation and report. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy and Schuckert. Nays —None. Absent— Councilman Thompson. Petition of Mathilda Thielen, re- ferred to the City Council by the Board of Supervisors, requesting the suspension of the 1932 tax on the West Y2 of Lot 28 of Cox's Ad- dition, presented and read. Councilman Schuckert moved to 98 Regular Session, May 1st, 1933 refer the petition to the City So- licitor for investigation and report. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy and Schuckert. Nays —None. Absent— Councilman Thompson. Petition of Mary Haun, referred to the City Council by the Board of Supervisors, requesting the can- cellation of the 1932 tax on Lot 38 of Oak Grove Addition, presented and read. Councilman Schuckert moved to refer the petition to the City So- licitor for investigation and report. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy and Schuckert. Nays —None. Absent -- Councilman Thompson. May 1, 1933. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Under date of April 12th Mike Berwick, 4th and - Cen- tral Avenue, George Hail, 1147 Cen- tral Avenue, and A. J. Vogler, 2216 Central Avenue, obtained soft drink licenses, No. 36, 37 and 48 respec- tively. Later, after the State Legislature approved the sale of beer in Iowa, the three above parties secured "B" permits for the sale of beer, No. 3, 33 and 16 respectively. The request is made for a refund in the amount of $25.00 each to the above parties for the soft drink li- censes obtained in April. This re- quest is being made in accordance with the approval of the City Coun- cil informally at the Council meet- ing held April 18th. Yours very truly, A. E. SIGMAN, Sec'y. to City Manager. Councilman Andelfinger moved that warrants in the sum of $25.00 each be ordered drawn on the City Treasurer in favor of Mike Berwick, George Hail and A. J. Vogler for refunds on their soft drink parlor licenses as they have secured Class B permits for the sale of beer and have . paid into the City Treasury the sum of $100.00 each for said per- mits. Seconded by Councilman Mc- Evoy. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy and Schuckert. Nays —None. Absent -- Councilman Thompson: Resolution No. 21 - 33. Be it Resolved by the City Coun- cil of the City of Dubuque that Ed- ward J. Malloy, 880 Iowa Street, hav- ing complied with the provisions _ of law relating to the sale of cigarettes within the City of Dubuque, be grant- ed a permit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City. Passed, adopted and approved this 1st day of May, 1933. M. R. KANE, Mayor. ED. McEVOY, H. F. SCHUCKERT, M. B. ANDELFINGER, Councilmen. Attest: J. J. SHEA, City Clerk, Councilman McEvoy moved the adoption of the resolution. Second- ed by Councilman Schuckert. Car- ried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, .McEvoy and Schuckert. Nays —None. Absent — Councilman Thompson. Councilman Andelfinger moved that the application of Herman Hol- lenberger for a Class B permit for sale of beer be denied on the ground that his application shows that he is not a resident of the State of Iowa. Seconded by Councilman Mc- Evoy. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy and Schuckert. Nays —None. • Absent— Councilman Thompson. Resolution No. 22 - 33. A Resolution approving applica- tions for the sale of beer and author- izing the issuance of permits. WHEREAS, the City Council of the City of Dubuque has examined the applications which have been filed for permits for the sale of beer within the City of Dubuque and has approved such applications as apply to the persons herein named at the locations described herein: NOW, THEREFORE, BE IT RESOLVED by said Coun- cil, 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" PERMITS Anna Mae Collins, 460 Central Avenue. Daniel McDonald (Hotel ° Mac), 216 West 1st Street. Peter Vogelsberg, 29 West 8th Street. Harvey Spielman, 300 Main Street. Earl Wood (Earl's Smoke Shoppe), 530 Main Street. Regular Session, May CLASS "B" PERMIT FOR PRIVATE CLUB Dubuque Golf Club, end of Ran- dall Place. CLASS "C" PERMIT Clarence G. Pregler (Consumers Sup. 'Co.), 1209 Iowa Street. Passed, adopted and approved this 1st day of May, 1933. M. R. KANE, Mayor. ED. McEVOY, H. F. SCHUCKERT, M. B. ANDELFINGER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Andelfinger moved the adoption of the resolution. Second- ed by Councilman McEvoy. Carried by the following vote: Yeas—Mayor Kane, Councilmen Andelfinger, McEvoy and Schuckert. Nays —None. Absent — Councilman Thompson. Ordinance No. 6 -33. An ordin- ance amending an Ordinance en- titled "Ordinance No. 5 -33. An ordinance providing for the issu- ance of Class B and Class C per- mits, as defined by this ordinance, for the sale of beer containing not more than three and two- tenths (3.2) per centum of alcohol weight; pre- scribing the procedure for the issu- ance of such permits and the con- ditions precedent thereto; authoriz- ing the revocation of the same; fix- ing the permit fees and the fund to which the same shall- be allocat- ed; prescribing a penalty for the violation hereof; regulating the time and place of sale of beer; and de- claring an emergency," by amend- ing Section 5 thereof relating to ap- plications for Class B permits; by repealing Section 7 thereof relating to sale under Class B permits and enacting a substitute in lieu there- of; by repealing Section 12 thereof; by amending Section 25 thereof re- lating to sales on Sundays by pro- hibiting the consumption of beer on premises of permit B holders on said day; by prohibiting the con- sumption of beer on public streets or in vehicles and prescribing a pen- alty therefor; . and declaring an emergency, presented and read. Councilman Andelfinger moved that the reading just had be con- sidered the first reading of the or- dinance. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy and Schuckert. Nays —None. Absent — Councilman Thompson. Councilman Andelfinger moved to lst, 1933 99 suspend the rules requiring an or- dinance to be read on. three separ- ate days. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy and Schuckert. Nays —None. Absent— Councilman Thompson. 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 McEvoy. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy and Schuckert. Nays —None. Absent — Councilman Thompson. Verbal report of City Solicitor Gzizek recommending that a war- rant in the sum of $5.00 be ordered drawn on the City Treasurer in favor of L. F. Rolling as per at- tached bill to cover the claim of Mrs. Scharff for damages to her shoes caused when she stepped on catch basin lid on Rush Street, pre- sented. Councilman McEvoy moved that the recommendation of City Solic- itor Czizek be approved and a war- rant in the sum of $5.00 be ordered drawn on the City Treasurer in favor of L. F. Rolling to cover the claim of Mrs. Scharff. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy and Schuckert. Nays —None. Absent— Councilman ' Thompson. Councilman Andelfinger moved that the claim of Lora L. Richard in the sum of $200.00, for damages received to her automobile caused by running into ramp extending in- to street on Southern Avenue, be denied. Seconded by Councilman Schuckert. Carried by the follow- ing vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy and Schuckert. Nays —None. Absent— Councilman Thompson. Councilman Andelfinger moved that a warrant in the sum of $24.00 be ordered drawn on the City Treas- urer in favor of Dubuque County Abstract Company for abstract of title to Min. Lot 301 and continu- ation of abstract of Min. Lot 301A and 302, said lots being considered for Airport property. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy and Schuckert. Nays —None. Andelfinger, McEvoy, Schuckert and Thompson. Nays —None. Councilman Andelfinger moved that the agreement, governing tran- sient merchants license, prepared by the City Solicitor between the City of Dubuque and the Ritz Hat Shops be approved and the Mayor author- ized to execute the same on behalf of the City of Dubuque. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson. Nays —None. Councilman Schuckert moved that a warrant in the sum of $202.25 be ordered drawn on the City Treas- urer in favor of R. P. Marshall, Clerk of the District Court, to cover .Court costs in the various amounts and on the following cases: City of Du- buque et al vs. J. H. Rhomberg Es- tate et al in the sum of $14.35; City of Dubuque vs. Conlin & Kearns Co. in the sum of $15.15; City of Dubuque et al vs. Fischer and Com- pany Inc. and Fischer Investment Company in the sum of $172.75. Sec- onded by Councilman McEvoy. Car- ried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson. Nays —None. There being no further business, Councilman Andelfinger moved to ad- journ. Seconded by Councilman Mc- Evoy. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert and Thompson. Nays —None. J. J. SHEA, City Clerk Approved 1933. Adopted ............... __...._._...._ 1933. Councilmen Attest: Special Session, May 8th, 1933 101 City Clerk. CITY COUNCIL (Official) Special Session, May 8th, 1933. Council met at 7:40 P. M. Present — Mayor Kane, Councilmen McEvoy and Schuckert, City Man- ager Evans. Absent — Councilmen Andelfinger and Thompson. Meeting called by order of Mayor Kane and Councilman McEvoy. Mayor Kane read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of adopting "An Ordinance amending Ordinance No. 5 -33 providing for the issu- ance of Class B and Class C beer permits and acting on any other business as may properly come be- fore a regular meeting of the City Council. Petition of Irma Woodward Wallis and John A. Henschel requesting that Dillon Street from Grandview Avenue to the alley which connects Exchange Street with State Street and also the alley connecting Ex- change Street with State Street and the alley between Dillon Street and State Street be graded and covered with cinders, presented and read. Councilman Schuckert moved to refer the petition to the City Coun- cil to view the grounds. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Kane, Councilmen McEvoy and Schuckert. Nays —None. Absent— Councilmen Andelfinger and Thompson. Notice of claim of Frank McCoy for personal injury received by him caused by a particle of brick lodg- ing in his eye while doing street work on East Eighth Street and stat- ing, that compensation will be claimed therefor, presented and read. Councilman McEvoy 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 Schuckert. Car- ried by the following vote: Yeas —Mayor Kane, Councilmen McEvoy and Schuckert. Nays -None. Absent — Councilmen Andelfinger and Thompson. Mr. Frank McCoy addressed the Council relative to the claim for per- sonal injuries filed by him. Councilman Schuckert moved to receive and file the Notice of Claim of Frank McCoy. Seconded by Coun- 100 Special Session, May 5th, Absent — Councilman Thompson. , Councilman McEvoy moved to sus- pend the rules for the purpose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Sec- onded by Councilman Andelfinger. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy and Schuckert. Nays —None. Absent — Councilman Thompson. Mr. Frank Sauer addressed the Council requesting that he be grant- ed an extension of time for the making of sanitary connections with his property located on Strauss Street. Councilman Andelfinger moved that Mr. Frank Sauer be granted an extension of time till June 1st, 1933, for the making of sanitary connections with his property lo- cated on Strauss Street. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy and Schuckert. Nays —None. Absent — Councilman Thompson. There being no further business, Councilman Andelfinger moved to adjourn. Seconded by Councilman Schuckert. Carried by the follow- ing vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy and Schuckert. Nays —None. Absent— Councilman Thompson. J. J. SHEA, City Clerk. Approved 1933. Ad opted ..........._.... _.........._...._._...._.:.._ 1933. Councilmen Attest: City Clerk. 1933 CITY COUNCIL (Official) Special Session, May 5th, 1933. Council met at 4:15 P. M. Present —Mayor Kane, Council- men Andelfinger, McEvoy, Schuck- ert, Thompson, City Manager Evans. Meeting called by order of Mayor Kane and Councilman Schuckert. Mayor Kane read the call and stat- ed that service thereof had been duly made and that this meeting is called for the purpose of adopting a resolution approving applications for the sale of beer and authorizing the issuance of permits and acting on any other business as may pro- perly come before a regular meet- ing of the City Council. Resolution No. 23 -33. A Resolution approving applica- tions for the sale of beer and auth- orizing the issuance of permits. WHEREAS, the City Council of the City of Dubuque has examined the applications which have been filed for permits for the sale of beer within the City of Dubuque and has approved such applications as apply to the persons herein named at the locations described herein: NOW, THEREFORE, BE IT RESOLVED by said Coun- cil, 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" PERMITS Charles T. Snyder, 543 West 8th Street. Merlin Flanagan, 342 West 8th Street. John F. Lehman, 1602 Central Avenue. Herman Hollenberger, 1301 Rhom- berg Avenue. Mike B. Schnee, 37 West 8th Street. Mrs. Anna Kirkpatrick, 457% West 8th Street. CLASS "C" PERMITS Harry Smith, 235 West 3rd Street. Passed, adopted and approved this 5th day of May, 1933. M. R. KANE, Mayor. ED. McEVOY, ARDENAL THOMPSON, M. B. ANDELFINGER, H. F. SCHUCKERT, Councilmen. Attest: J. J. SHEA, City Clerk. • Councilman Thompson moved the adoption of the resolution. Second- ed by Councilman Andelfinger. Car- ried by the following vote: Yeas —Mayor Kane, Councilmen 102 Gilman McEvoy. Carried by the fol- lowing vote: Yeas -Mayor Kane, Councilmen McEvoy and Schuckert. Nays -None. Absent - Councilmen Andelfinger and Thompson. Masers Heinz, Sr. and Beecher addressed the Council relative to be granted a Class B beer permit to be taken out under the name of John Heinz, Sr., and to be located at 24th and White Streets. Petition of H. A. Kennison request- ing the City 'Council to take favor- able action for laying out and grad - ilig of street shown on attached plat and namely "Mount Vernon Court," presented and read. Mr. Kennison addressed the Coun- cil relative to his petition for lay- ing out and grading of Mount Ver- non Court. Councilman Thompson entered and took his seat at 7:55 P. M. Councilman Schuckert moved to refer the petition to the City Coun- cil to view the grounds and Mr. Kennison to be notified to be pres- ent. Seconded by Councilman Mc- Evoy. Carried by the following vote: Yeas - Mayor Kane, Councilmen McEvoy, 'Schuckert and Thompson. Nays- -None. Absent - Councilman Andelfinger. Petition of Tim O'Mara et al re- questing that Marquette Street be extended from its present terminus to Brunswick Street, presented and read. Councilman Thompson moved to refer the petition to the City Coun- cil to view the grounds. Seconded by Councilman Schuckert. Carried by the following vote: Yeas -Mayor Kane, Councilmen McEvoy, Schuckert and Thompson. Nays -None. Absent - Councilman Andelfinger. Petition of Henry G. Langworthy, General Chairman Dubuque Centen- nial Committee, requesting that they be granted the privilege of the con - cession sales in and around the Ath- letic Field during the week of Aug- ust 6th to '12th, 1933, also stating that during this week that the con- cessions will be allotted to the Amer- ican Legion for the first two nights and also stating that the playground school circus be allotted the con- cessions for one night and the bal- ance of the nights during the week to be allotted to the Centennial Cele- bration Committee, presented and read. Councilman Thompson moved that the prayer of the petition be grant- ed. Seconded ; by Councilman Mc- Evoy. Carried by - the following vote: and the same is hereby amended by adding to Section 5 thereof Subdivision 1, the following: "(8) That the place of business for which the permit is sought is and will continue to be equipped with sufficient tables and seats to accommodate twen- ty -five persons at one time." So that said section thus • amended will hereafter read as follows: "Par. 346. Conditions for issuance of Class B. permits, Section 5, Class B permits shall be issued by the City Council to any, person ,who: 1. Submits a written application for a permit, which' application shall state under oath: (a) The name and place of residence of the applicant, and the length of time he has lived at such place. (b) That he is a citizen of the State of Iowa. (c) The place of birth, and if the ap- plicant is a naturalized citizen, the time and place of such naturalization. (d) The location of the place or building where applicant intends to op- erate. (e) The name of the owner of the building and, if such owner is not the applicant, that such applicant is the actual lessee of the premises. (f) That the place, of business for which the permit is sought is and will continue to be equipped with sufficient tables and seats to accommodate twenty -five persons at one time. 2. Establishes to the satisfaction of the City Council: (a) That he is a person of good moral character. (b) That the place or building he intends ,to operate conforms to all laws, health and fire regulations applicable thereto, and is a safe and proper place or building." Par. 347. Section 7 Repealed and Substitute Enacted. Section 2. That said ordinance be further amended by repealing Section 7 thereof and enact- ing the following in lieu therefor: "Par. 348. Sales under Class B Per- mits. Section 7. Any person - holding a Class B permit shall be authorized to sell beer, as herein defined, for consump- tion on or off the premises; providing, however, that except hotels, inns and taverns holding Class B permits and as otherwise provided for in this ordi- nance, no sale of beer shall be made for consumption on the premises unless food is served and consumed therewith and, unless such place where such serv- ice is made is equipped with tables and seats sufficient to accommodate not less than twenty -five persons at one time: and if a sale is made for con- sumption off the premises, the holder of such permit shall sell not less than one hundred forty -four (144) ounces to any one purchaser and such sales, when made, shall be in the original package only and unrefrigerated." Par. 349., Section 12 Repealed. Sec- tion 3. That said ordinance be further amended by repealing Section 12 there- of and said Section 12 is hereby re- pealed. - Par. 350. Amend Section 25. Sec- tion 4. That said ordinance be further amended, by adding to , Section 25 the following: "or permit the consumption of beer on such premises between said hours ". Said section thus amended, will here- after read as follows: ,. "Par. 351. Sales Prohibited. Section 25. It shall be unlawful for any permit holder to sell beer, as herein defined, to any person between the hours of 12 Special Session, May 8th, 1933 103 o'clock midnight on Saturday night and 7 o'clock of the, following Monday morn- ing, or permit the consumption of beer on such premises between said hours." Par. 352. Consumption on , Streets. Section 5. That said ordinance be fur- ther amended by adding thereto the fol- lowing section: "Section 29. No person shall use or consume•beer upon the public streets or in automobiles or other vehicles on said streets, and any person violating this provision of the ordinance shall be fined not to exceed One Hundred Dollars, ($100) or sentenced to not more than thirty (30) days in jail." Par. 353. Saving, Clause. Section 6. If any part of this ordinance, or the or- dinance to which this ordinance is an amendment, is held invalid by a Court of competent jurisdiction such de- cision shall not effect the valid portions hereof. Par. 354. Emergency Clause. Section 7. This ordinance being deemed of im- mediate importance and in the interest of the public peace, safety, morals and general welfare, shall be in force and effect from and after its final passage, adoption and approval by the City Council and publication as required by law. Passed upon first and second read- ings this 1st day of May, 1933. Passed, adopted and approved upon final reading this 8th day of May, 1933. M. R. KANE, Mayor. ED. McEVOY, ARDENAL THOMPSON, H. F. SCHUCKERT, Councilmen. Attest: J. J. SHEA, City Clerk. Published officially in the Telegraph - Herald and Times - Journal newspaper May 9th, 1933. J. J. SHEA, 5 -9 -1t City Clerk. Councilman Schuckert moved the adoption of the ordinance. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas -Mayor Kane, Councilmen McEvoy, Schuckert and Thompson. Nays -None. Absent -- Councilman Andelfinger. Council Proceedings for the Month. of Mardi, 1933, presented for proval. Councilman Schuckert moved that the Council Proceedings for the Month of March, 1933; be approved as piinted. Seconded by Council- man McEvoy. Carried by the 'fol- lowing vote: Yeas -Mayor Kane, Councilmen McEvoy, Schuckert and Thompson. Nays -None. Absent - Councilman Andelfinger. May 8, 1933. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have approved the following pol- icies, bond and certificate of insur- ance covering signs and desire to have your approval on sanie for fil- ing: - Urbach Bros. Co., 744 -752 Main Special Session, May 8th, 1933 Yeas -Mayor Kane, Councilmen McEvoy, Schuckert and Thompson. Nays -None. Absent- Councilman Andelfinger. ORDINANCE .NO. 6, -33. An ordinance amending an ordinance entitled "Ordinance No. 5, -33. An or- dinance providing for the issuance of Class B and Class C permits, as de- fined by this ordinance, for the sale of beer containing not more than three and two tenths (3.2 %) per centum of alcohol by weight; prescribing the pro- cedure for the issuance, of such permits and the conditions precedent thereto; authorizing the revocation of the same; fixing the permit fees and the fund to which the same shall be allo- cated; prescribing a penalty for the violation hereof; regulating the time and place of sale of beer; and declaring an emergency," by amending Section 5 thereof relating to .applications for Class B permits; by repealing Section 7 thereof relating to sales under Class B permits and enacting a substitute in lieu therefor; by repealing Section 12 thereof; by amending Section 25 there- of relating to sales on Sundays by pro- hibiting the consumption of beer on premises of permit B holders on said day; by prohibiting the .consumption of beer on public streets or in vehicles and prescribing a penalty therefor; and de- claring an emergency. - Having been passed on first and sec- ond readings, presented and read a third tirne. ORDINANCE NO. 6, -33. An ordinance amending an ordinance entitled "Ordinance No. 5, -33. An or- dinance providing for the issuance of Class B and Class C permits, as de- fined by this ordinance, for the sale of beer containing not more than three and two tenths (3.2 %) per centum of alcohol by weight; prescribing the pro- cedure for the issuance of such permits and the conditions precedent thereto; authorizing the revocation of the same; fixing the permit fees and tile fund to which the same shall be allo- cated; prescribing a penalty for the violation hereof; regulating the time and place of sale of beer; and declaring an emergency ", by amending Section 5 thereof relating to applications for Class B permits; by repealing Section 7 thereof relating to sales under Class 13 permits and enacting a substitute in lieu therefor; by repealing Section 12 thereof; by amending Section 25 there- of relating to sales on Sundays by pro- hibiting the consumption of beer on premises of permit B holders on said day; by prohibiting the consumption of beer on public streets or in vehicles and prescribing a penalty therefor; and de- claring an emergency. , Be it Ordained by the City Council of the City of Dubuque: - Par. 345. Amendment to Section 5. Section 1. That an ordinance entitled "Ordinance No. 5, -33. An ordinance providing for the issuance of Class B and Class C permits, as defined by this Ordinance, for the sale of beer contain- ing not more than three and two- tenths (3.2 %), per centum of alcohol by weight; prescribing the procedure for the issu- ance of such permits and the condi- tions precedent thereto; authorizing the revocation of the same; fixing the per - unit fees and the fund to which the same shall be allocated; prescribing a penalty for the violation hereof; regu- lating the time and place of sale of beer; and declaring an emergency ", be cil of the City of Dubuque that per- manent sidewalks be constructed in front of the lots and parcels of real estate herein described and general plans and specifications therefor have been duly prepared by the En- gineer and approved by the Council, the cost and expense thereof to be assessed against such real estate, as provided by law; Now, therefor Be it resolved by the City Council of the City of Dubuque that perman- ent sidewalks be and the same are hereby ordered constructed, laid and put in place according to general plans and specifications heretofore prepared therefor in front of and abutting upon the following de- scribed real estate, namely, to wit: the east side of South Grandview Avenue abutting Lot 1 of Lot 1 of Mineral Lot 46, Marie A, •Larkey, owner. Be it further resolved that the City Clerk be and he is hereby directed to publish a notice of the intention of the Council to construct such sidewalks in the official news- paper of said City, stating therein the description of the lots or parcels of real estate before which the same are to be constructed, the name of the owner and the width thereof. Be it further resolved that said Clerk be and he is hereby directed to advertise for bids for the con- struction of such sidewalks, notice thereof to be given by two publi- cations in the official newspaper, the first of which shall be not less than fifteen (15) days before the date of receiving bids, which notice shall state the location of the proposed sidewalks, when the work shall be done, the terms of payment, the time when bids will be acted upon and refer the constractor to the plans and specifications as to the manner of construction and ma- terials to be used. Be it further resolved that the sidewalks shall be fully completed on or before the 1st day of Aug- ust, 1933. Be it further resolved that, upon the completion of said sidewalks, the cost thereof shall be assessed against the lots or parcels of real estate before which the same are laid and the contractor shall Ibe paid in sidewalk certificates in form and manner provided by law and the ordinances of the City of Du- buque or in cash upon completion and acceptance by the Council. Be it further resolved that a con- tract will be awarded to the low- est bidder, reserving, however, to the Council the right to reject all bids and re- advertise for bids if neces- sary. Special Session, May 8th, 1933 1r)5 Passed, adopted and approved this 8th day of May, 1933. M. R. KANE, Mayor. ED. McEVOY, ARDENAL THOMPSON, H. F. 'SCHUCKERT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Schuckert moved the adoption of the resolution. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas —Mayor Kane, Councilmen McEvoy, Schuckert and Thompson. Nays —None. Absent—Councilman Andelfinger. Resolution No. 26 -33 A Resolution approving applica- tions for the sale of beer and auth- orizing the issuance of permits. WHEREAS, the City Council of the City of Dubuque has examined the applications which have been filed for permits for the sale of beer within the City of Dubuque and has approved such applications as apply to the persons herein named at the locations described herein: NOW, THEREFORE, BE IT RESOLVED by said Coun- cil, that permits for the sale of beer within the City of Dubuque be and the same are hereby author- ized and ordered issued, as follows: CLASS "B" PERMIT John Kelsen, 504 Central Avenue. Loyal Order of Moose, Dubuque Lodge No. 355, 951% Main Street. John Heinz, Sr., 24th and White Streets. CLASS "C" PERMIT H. L. Kress, 729 -731 Rhomllerg Avenue. Passed, adopted and approved this 8th day of May, 1933. M. R. KANE, Mayor. ED. McEVOY, ARDENAL THOMPSON, H. F. SCHUCKERT, Councilmen. Attest: J. J SHEA, City Clerk. Councilman Schuckert moved the adoption of the resolution. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas —Mayor Kane, Councilmen McEvoy, Schuckert and Thompson. Nays —None. Absent — Councilman Andelfinger. May 8, 1933. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise you, of your decision made at a special meeting held Friday, May 5th, at 104 Special Session, May 8th, 1933 Street. Policy No. O. L. & T. 432497, Continental Casualty Co. Interstate Finance Corp., 1473 Cen- tral Avenue. Policy No. O. L. & T. 432496, Continental Casualty Co. Universal Car & Tractor Co., 930- 990 Central Avenue. Policy No. I1A 2066707, The Travelers Indemnity Co. Fuhrmann - Triller Co., 906 Central Avenue. Policy No. G L. 290 Hartford Accident & Indemnity Co. Dubuque Motor Sales Co., 13th and Iowa Streets. Policy No. JW 1606, Standard Accident Ins. Co. Beatrice Creamery Co., 151 West 5th Street Policy No. G. L. P. L. 305729, The Employers' Liability As- surance Corp. Automobile Paint Shop, 4810 West Locust Street. Policy No. IB 743, Standard Accident Ins. Co. Robert Stribley, 240 West 6th Street. Massachusetts Bonding & Insurance Co. Canfield Hotel Grille, 358 West 4th Street. Certificate of Insurance — Policy No. IGB 2596, Standard Ac- cident Insurance Co. Adam J. Berntgen (Spensley Luncheonette), 4th and Main Streets. Policy No. PW 59, Central Surety & Insurance Corp. Yours very truly, R. M. EVANS, City Manager. Councilman Schuckert moved that the policies, bond and certificate of insurance be approved and placed on file. Seconded by Councilman Mc- Evoy. Carried by the following vote: Yeas —Mayor Kane, Councilmen McEvoy, Schuckert and Thompson. Nays —None. Absent — Councilman Andelfinger. May 6, 1933. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I am submitting here- with reports of the City Auditor, City Treasurer and City Water Works for the month of April, 1933, also a list of claim s and a list of payrolls for which warrants were drawn during the month of April, 1933. Yours very truly, R. M. EVANS, City Manager. Councilman Schuckert moved that the reports be received and placed on file. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas —Mayor Kane, Councilmen McEvoy, Schuckert and Thompson. Nays —None. Absent— Councilman Andelfinger. Resolution No. 17 -33 Whereas the Council of the City of Dubuque desires to encourage clean and wholesome athletic sports and exhibitions within this city and believes that such purpose will be best promoted by granting the ex- clusive use of the Municipal Athlet- ic Field to H. A. Engel for the out- door season of 1933 for the holding of wrestling and boxing exhibitions, reserving, however, to said Council complete control over said premises. Now, therefor, be it resolved by said Council that the Contract and Agreement hereto attached be and the same is hereby approved and ordered placed on file in the office of the City Clerk for public inspec- tion for at least one weelc, as also this Resolution. Be it further resolved, that the Mayor and the Clerk are hereby di- rected to execute said contract for and on behalf of said City. Introduced and ordered placed on file this 25th day of April, 1933. The Contract and this Resolution was passed, adopted and approved this 8th day of May, 1933. M. R. KANE, Mayor. ED. McEVOY, ARDENAL THOMPSON, H. F. SCHUCKERT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Schuckert moved the adoption of the resolution. Second- ed by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Kane, Councilmen McEvoy, Schuckert and Thompson. Nays —None. Absent — Councilman Andelfinger. Resolution No. 24 -33. Prelimin- ary approval of plans, specifications, form of contract, plat and schedule for the construction of a concrete sidewalk along the east side of South Grandview Avenue abutting Lot 1 of Lot 1- of Mineral Lot 46, Marie A. Larkey, owner, presented and read. Councilman Thompson moved the adoption of the resolution. Second- ed by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Kane, Councilmen McEvoy, Schuckert and Thompson. Nays —None. Absent— Councilman Andelfinger. Resolution No. 25-33 RESOLUTION ORDERING T H E CONSTRUCTION OF PERMAN- ENT SIDEWALKS AND DIRECT- ING THE CITY CLERK TO AD- VERTISE FOR BIDS. WHEREAS, it is deemed neces- sary and advisable by the City Coun- Special Session, May 8th, 1933 107 of a Plumbing Inspector and pre- scribing his qualities; regulating the installation and inspection of plumbing and the issuance of per - mits therefor; prescribing a pen- alty for violation hereof; and re- pealing Ordinance No. 108 and all other ordinances or parts of ordin- ances in conflict herewith, present- ed and read. Councilman Schuckert moved that pile reading just had be considered /the first reading of the ordinance. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Kane, Councilmen McEvoy, Schuckert and Thompson. Nays - -None. Absent— Councilman Andelfinger. Councilman Schuckert moved to suspend the rules requiring an or- dinance to be read on three separ- ate days. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Kane, Councilmen McEvoy, Schuckert and Thompson. Nays —None. Absent -- Councilman Andelfinger. The ordinance was then read a second time. Councilman Schuckert moved that the reading just had be considered the second reading of the ordin- ance. Seconded by Councilman Mc- Evoy. Carried by the following vote: Yeas —Mayor Kane, Councilmen McEvoy, Schuckert and Thompson. Nays —None. Absent — Councilman Andelfinger. Councilman Thompson moved that the offer of J. B. Welp for the pur- chase of Lot 1 of 1 and Lot 1 of 2 of Randall's Sub. No. 2 be ac- cepted, the purchased price of said lots to be $500.00, and the City So- licitor be instructed to draw up a contract for the sale of said lots upon the following terms, a cash payment of $250.00 and the balance to be paid in six months without interest. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Kane, Councilmen McEvoy, Schuckert and Thompson. Nays —None. Absent— Councilman Andelfinger. Councilman Schuckert moved that the matter of installing a street light at the intersection of West 14th Street and Audubon Street be re- ferred to the City Council to view the grounds. Seconded by Coun- cilman McEvoy. Carried by the fol- lowing vote: Yeas —Mayor Kane, Councilmen McEvoy, Schuckert and Thompson. Nays —None. Absent — Councilman Andelfinger. Councilman McEvoy moved that the prayer of the petition of Joseph Amodeo, requesting a free license to peddle fruit and vegetables, be de- nied. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas —Mayor Kane, Councilmen McEvoy, Schuckert and Thompson. Nays —None. Absent — Councilman Andelfinger. Councilman McEvoy moved that the licenses granted to Edward De- Witt, Gus Zuccaro and Mike Pusa- teri for free permission to peddle fruit and vegetables, be revoked. Seconded by Councilman Thompson. Carried by the following vote: Yeas —Mayor Kane, Councilmen McEvoy, Schuckert and Thompson., Nays —None. Absent — Councilman Andelfinger. There being no further business, Councilman Schuckert moved to ad- journ. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas —Mayor Kane, Councilmen McEvoy, Schuckert and Thompson. Nays —None. Absent — Councilman Andelfinger. J. J. SHEA, City Clerk. Approved 1933. Adopted 1933. Councilmen: Attest: City Clerk. 106 Special Session, May 8th, 1933 4 o'clock in connection with the re- quest of Mr. Wm. Kretschmer, et al, on one petition and Mr. 11. L. McClellan praying that a left turn be permitted on the traffic lights at 8th and Locust Streets. The decision of Council was that this was a dangerous intersection and the Council was of the opinion that at present no change in the traffic code should be made at this location. Yours very truly, R. M. EVANS, City Manager. Councilman Thompson moved that the decision of the City Council be made a matter of record. Second- ed by Councilman Schuckert. Car- ried by the following vote: Yeas —Mayor Kane, Councilmen McEvoy, Schuckert and Thompson. Nays —None. Absent— Councilman Andelfinger. Dubuque, Iowa, May 8, 1933. To the Honorable Mayor and Coun- cil of the City of Dubuque: Gentlemen: Two law suits are pending in the District Court of Du- buque County growing out of the accident which occurred on August 7, 1931, at the northerly terminus of Algona Street. One of these cases is for $20,000 in which Bar- bara Ament, administratrix, is su- ing for the death of her son, and the other is for Three Thousand ($3,000.00) Dollars for personal in- juries sustained by Evelyn Pelzer. Three claims have been filed for damages growing out of the same accident, one by Jack Redmond for damages to his automobile in the sum of $650.00, one by Ned Red- mond for personal injuries in the sum of $2,000.00, and the third by' Genevieve Freyman for personal in- juries in the sum of $2,000.00. The total amount involved in these suits and claims is $27,650. I have affected a settlement in these matters and, if the same is approved by your Honorable Body, I recommend that warrants be drawn as follows: To Guy P. Linville, attorney for Barbara Ament, Admx., of the es- tate of Ambrose Ament, deceased. $1350.00. To Guy P. Linville, attorney for Evelyn Pelzer, $150.00. To Smith & O'Connor, attorneys for Jack Redmond, $250.00. To Smith & O'Connor, attorneys for Ned Redmond, $250.00. To Smith & O'Connor, attorneys for Genevieve Freyman, $300.00. The plaintiffs in the two law ac- tions will dismiss their suits and pay the costs. It is my judgment that these set- tlements, under the circumstances, are advantageous to the City and that the verdicts which would be returned against the City would be considerably greater if the cases were tried to juries at this time. Respectfully submitted, M. 11. CZIZEK, City Solicitor. Councilman Schuckert moved that the recommendation of City Solic- itor Czizek be approved and that warrants in the various amounts be ordered drawn on the City Treasur- er in settlement of the various claims. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Kane, Councilmen McEvoy, Schuckert and Thompson. Nays —None. Absent — Councilman Andelfinger. Ordinance No. 7 -33. An ordin- ance amending an Ordinance, en- titled, "Ordinance No. 107. An ordinance creating a Board of Examiners for plumbers, providing for the examination and licensing of plumbers; fixing the fees for cer- tificates and licenses; and prescrib- ing a penalty for doing plumber's work or engaging in the plumbing business without a certificate or li- cense," by repealing Sections 5, 6, 7, 8, 9 and 12 thereof and enacting substitutes therefor, presented and read. Councilman Schuckert moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Kane, Councilmen McEvoy, Schuckert and Thompson. Nays —None. Absent— Councilman Andelfinger. Councilman Schuckert moved to suspend the rules requiring an or- dinance to be read on three separ- ate days. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Kane, Councilmen McEvoy, Schuckert and Thompson. Nays —None. Absent — Councilman Andelfinger. The ordinance was then read a second time. Councilman Schuckert moved that the reading just had be considered the second reading of the ordin- ance. Seconded by Councilman Mc- Evoy. Carried by the following vote: Yeas—Mayor Kane, Councilmen McEvoy, Schuckert and Thompson. Nays —None. Absent— Councilman Andelfinger. Ordinance No. 8 -33. An ordin- ance providing for the appointment Thompson. Carried by the following votes: Yeas — Mayor Kane, Councilmen McEvoy, Schuckert, Thompson. Nays —None. Absent— Councilman Andelfinger. Ordinance No. 7 -33. An ordinance amending an ordinance entitled, "Or- dinance No. 107. An ordinance creat- ing a Board of Examiners for plumb- ers providing for the examination and licensing of plumbers; fixing the fees for certificates and licenses; and prescribing a penalty for doing plumber's work or engaging in the plumbing business without a certif- icate or license," by repealing Sec- tions 5, 6, 7, 8, 9 and 12 thereof and enacting substitutes therefor, having been passed upon first and second readings, presented and read a third time. ORDINANCE NO. 7, -33 An Ordinance amending an ordinance entitled, "Ordinance No. 107. An or- dinance creating a Board of Examiners for plumbers, providing for the examin- ation and licensing of plumbers; fixing the fees for certificates and licenses; and prescibing a penalty for doing plumber's work or engaging in the plumbing business without a certificate or license," by repealing Sections 5, 6, 7, 8, 9, and 12 thereof and enacting substitutes therefor. Be It Ordained by the City Council of the City of Dubuque: Par. 355. Sections Repealed. Section 1 That an ordinance entitled, "Ordin- ance No. 107. An ordinance creating a Board of Examiners for plumbers, pro- viding for the examination and licens- ing of plumbers; fixing the fees for cer- tifiates and licenses; and prescribing a penalty for doing plumber's work or engaging in the plumping business without a certificate or license," be and the same is hereby amended by repeal- ing Sections 5, 6, 7, 8, 9, and 12 thereof which sections are hereby repealed. Par. 356. Substitutes Therefor. Sec- tion 2. That said ordinance be fur- ther amended by enacting substitutes for said repealed sections as follows: Terms Defined Section 5. The term "Journeyman Plumber" shall mean any person who en- gages in the practical installation of plumbing which is by law, order or rule subject to official inspection. The term "Master or Employing Plumber" shall include any person, firm or corporation engaged in the business of plumbing other than as a journey- man plumber actually engaged in the installation of plumbing and who is skilled in the planning, superintending and practical installation of plumbing and familiar with the laws, rules and regulations governing the same. The term "Plumbing" shall moan any receptacle or appliance installed or used to receive waste water, house soil, slops, or sewage. Applications for Examinations Section 6. Any person desiring to be licensed as a journeyman plumber, and any person, firm or corporation desiring to be licensed as a master or employ- ing plumber, shall first make applica- tion to the Plumbing Inspector for an examination, on blanks provided. for that purpose and pay the examination and license fee herein provided for and, thereupon, said Inspector shall present Special Session, May 15th, 1933 said application together with a re- ceipt for said fee to the Board of Ex- aminers who shall fix the time for the holding of the examination. Examinations —How Conducted Section 7. The. Board of Examiners shall meet at least once each month and oftener, if necessary, at the place where it holds its regular meetings for the purpose of conducting examinations of applicants for journeymen, master or employing plumbers license. The examination shall consist of written charts and practical test, covering the theory and practice of plumbing, the interpretation of charts and blue prints and plans of plumbing installation, and such other tests as the Board may deem necessary in order to properly pass upon the qualifications of an ap- plicant. Such examination shall be im- partial and the fitness or unfitness of the applicant shall be determined from the examination as made. A certificate or license in the form approved by the State Board of Health shall be issued only to an applicant who successfully passes his examination and such cer- tificate or license shall entitle the hold- er thereof to work either as a journey- man, or master, or employing plumber, in accordance with the license issued to him. Before a master plumber's license can be issued to a firm or copartner- ship at least one member of such firm or copartnership or some employee thereof shall take and successfully pass a master plumber's examination and such person shall be at all times In charge of and have supervision of all plumbing work done by such firm or copartnership. If sucn person shall cease to be associated with such firm or copartnership the license shall he suspended and remain inoperative until some other member or employee of said firm or copartnership shall qualify, as hereinstated. Provided, however, that before a firm or copartnership can se- cure or operate under a master plum- ber's license, an affidavit must be filed with the Board of Examiners by the members of such firm or copartnership stating the names and addresses of the members thereof and designating the members or member or employee of such firm who will have charge of plumbing work as the master plumber of such firm or copartnership. Before a master plumber's license can be issued to a corporation, such corporation must have either as an of- ficer, director, stockholder or employee one who has taken and successfully passed a master plumber's examination and such person shall at all times be in charge of and have supervision of all plumbing work done by such cor- poration If such person shall cease to be so identified with said corporation, the license shall be suspended and re- main inoperative until the requirements hereof shall be complied with. A cor- poration, seeking a master plumber's license, shall file an affidavit with the Board of Examiners to the effect that the person taking the examination is such member of such corporation and stating his office or position therein. Any misrepresentation or false state- ments contained within said affidavit shall be cause for revoking the license theretofore issued.. The foregoing provisions shall not apply to firms or corporations who se- cured their license without an examina- tion pursuant to the laws of Iowa exist- ing at the time the Plumbers' License Law was enacted. Temporary License and Re- examination 108 Special Session, May 15th, 1933 CITY 000NCIL (Official) Special Session, May 15th, 1933. Council met at 7:35 P. M. Present —Mayor Kane, Councilmen McEvoy, Schuckert, Thompson, City Manager Evans. Absent — Councilman Andelfinger. Meeting called by order of Mayor Kane and Councilman Thompson. Mayor Kane read the call and stated that service thereof had been duly made and that this is called for the purpose of re- levying the special assessment to pay for the construction of a sanitary sewer and appurtenances in what is known as the Grandview Heights Addition Sewer District as delimited by Or- dinance No. 16 -32 and acting on any other business as may properly come before a regular meeting of the City Council. Proof of publication, certified to by the publishers, of the notice of re -levy of special assessment to pay for the construction of a sanitary sewer and appurtenances in what is known as the Grandview Heights Addition Sewer District as delimit- ed by Ordinance No. 16 -32, pre- sented and read. Councilman Schuckert moved to receive and file the proof of publi- cation. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas —Mayor Kane, Councilmen McEvoy, Schuckert and Thompson. Nays —None. Absent — Councilman Andelfinger. Statement, subscribed and sworn to, of Albert A. Eitel, that he posted along the line of improvement the notice of re -levy of special assess- ment to pay for the construction of a sanitary sewer and appurten- ances in what is known as the Grandview Heights Addition Sewer District as delimited by Ordinance No. 16 -32, presented and read. Councilman Schuckert moved to receive and file the statement. Sec- onded by Councilman McEvoy. Car- ried by the following vote: Yeas —Mayor Kane, Councilmen McEvoy, Schuckert and Thompson. Nays —None. Absent — Councilman Andelfinger. Resolution No. 27 -33 Resolved by the City Council of the City of Dubuque: That to pay for relevying of special district as- sessment of Grandview Heights Add. sewer district as delimited by Or- dinance No. 16 -32, in front of and adjoining the same, a Special Tax be and is hereby levied on the sev- eral lots, and parts of lots, and par- cels of real estate hereinafter named, situate and owned, and for the several amounts set opposite each lot or parcel of real estate, as follows: Special assessment sub- mitted , 19 Owner Location Amount Harold E. Molo, Lot 15 Grand- view Heights Add., W. 36 ft. $120.33 Harold E. Molo, Lot 16 Grand- view Heights Add., E. 42 ft. 120.33 Walter W. and R. Paisley, Lot 2 Sub. Lot 22 Grandview Heights Add. 128.67 Walter W. and R. Paisley, Lot 2 Sub. Lot 23 Grandview Heights Add. 128.67 Emma Scholz, Lot 24 Grand- view Heights Add. 201.59 Emma Cath. Wilmot, Lot 26 Grandview Heights Add 201.60 Geo. P. Smith, Lot 29 Grand- view Heights Add. 201.61 Total $1,102.80 All of which is assessed in pro- portion to the special benefits con- ferred. Passed, adopted and approved this 15th day of May, 1933. M. R. KANE, Mayor. ED. McEVOY, ARDENAL THOMPSON, H. F. SCHUCKERT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Schuckert moved the adoption of the resolution. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas —Mayor Kane, Councilmen McEvoy, Schuckert and Thompson. Nays —None. Absent — Councilman Andelfinger. Petition of Edward Muntz object- ing to the levying of special assess- ments against Lots 39, 40, 41 and 49, Grandview Heights Addition, in an amount to exceed 25% of their assessed value, presented and read. Councilman Schuckert moved to receive and file the petition. Sec- onded by Councilman McEvoy. Car- ried by the following vote: Yeas — Mayor Kane, Councilmen McEvoy, Schuckert, Thompson. Nays —None. Absent — Councilman Andelfinger. Proof of publication, certified to by the publishers, of the list of claims for which warrants were is- sued during the month of April, 1933, presented and read. • Councilman Schuckert moved to receive and file the proof of publi- cation. Seconded by Councilman mit has been issued the construction of such plumbing shall be done under the supervision of the Inspector at all times until its completion. In all cases when plumbing work authorized to be done under a permit or in accord- ance with the terms of such permit is installed contrary to the provisions of this Ordinance, it shall be the duty of the Inspector to at once stop the work and require all improper installation or materials to be torn out. If the work has been done by, a licensed plumber, he shall also notify in writing the Board of Examiners of the violations of the Ordinance and such Board may, if it deems the violation of sufficient impor- tance revoke the offending person's 11- cense. The Inspector may also cancel the permit and file an information against the offender charging him with the violation of the provisions of this ordinance. When a permit has been revoked it shall be unlawful for any person to proceed further with any plumbing - work without the written consent of the Inspector. Par. 361. Section 5 When a permit has been issued, the work covered thereby shall be started within thirty (30) days from date thereof or such permit will become void and a new per- mit must be obtained; providing, how- ever, that an extension of time may be granted by the Inspector if in his judg- ment such extension is proper. Par. 362. Section 6. When a per- mit has been issued no new or addi- tional work shall be put in or fixtures set, without the approval of the Inspector, and a new permit must be taken out for all additional work or fixtures. If, before the work is actu- ally installed or begun, and /or before completion, a change is made in the original plans, the person installing the plumbing shall immediately notify the Inspector thereof and receive his ap- proval. No changes shall be made without the approval of the Inspector. Par. 363. Section 7. When the roughing -in has been completed, and be- fore the work has been covered, or in any way concealed from view, or any fixtures set, the work shall be sub- jected to a test as hereinafter speci- fied. When such work has been made per- fectly tight, the Inspector shall be noti- fied that the work is ready for inspec- tion and the same shall be left open and convenient for inspection two full working days after such notification, unless such inspection is made sooner. All plumbing work shall be subject- ed to either of the following tests, sub- ject to the approval of the inspector: (1) by plugging all openings and filling with water to the highest point; or (2) by pressure of air not less than five (5) pounds to the square inch. These tests shall be made in the presence of the Inspector and shall include all soil. waste and vent pipes. If, upon inspection, the inspector finds that the work has not been in- stalled in accordance with the provi- sions of this ordinance he shall noti- fy the plumber, if any, in charge of said work and also the owner of said premises by posting a written notice thereof upon the premises, and such posted notice shall be all the notice required to be given of the defects in the work found by the Inspector, and any person, other than the Plumbing Inspector, who shall remove or muti- late such posted notice without the written permission of the Inspector Special Session, May 15th, 1933 111 shall be fined not less than five (5) dollars. Par. 364. Section 8. When the work covered by the permit is completed the Inspector shall be notified that the work is ready for final inspection and such work shall he subjected to a final test of smoke or air before a certificate of final approval will be issued. Par. 365. Section 9 All soil, waste and ventilation pipes within the build- ing shall be cast -iron, galvanized steel or wrought iron, lead, brass, or copper; except that no steel or wrought iron pipe shall be used under ground for soil, waste or vent pipes. Tapping holes in soil or waste pipes is prohibited, except tapping sand notes in fittings or pipes and then not to exceed three fourths (%) of an inch in diameter. Par. 366, Section 10. All steel or wrought iron pipe for soil, waste, and vent pipes shall be of standard weight, well galvanized, butt or lap weld; and all fittings for such pipes below the water line of fixtures shall he drainage fittings of long sweep pattern; fitt :ngs above the fixtures shall be galvanized maleable iron, cast iron or brass. Wrought iron, steel, brass, or copper pipes shall be connected to cast b on pipe by either calked or screw joints. Ends of steel, wrought iron, brass, o: copper pipe shall be reamed and all burs or cuttings shall be removed. Wrought iron or steel pipe connections shall be made with a right and left coa or running thread with coupling and lock nut. Unions shall not be used except that ground faced unions may be used in unavoidable places but in no case shall they be used in concealed places. Par. 367, Section 11. Al cast iron sail pipe and fittings shall be dipped in coal tar at the factory while hot so as to form a hard uniform coating and all cast iron pipe shall be sound. Cracked hubs. pipes or fittings will not he per- mitted. All cast iron soil pipe shall be of the grade known to the trade as extra heavy. Except that standard cast' iron soil pipe may be used in exten- sions of existing standard cast -iron soil lines for water closets located on first floor or on floors on which branch is taken off of existing lines. In no case shall standard cast -iron soil pipe be used underground. The following weights per lineal foot. including hubs, will be accepted as corn plying with this Ordinance: EXTRA HEAVY. 2 -inch 5% pounds per lineal foot 3 -inch 9h pounds per lineal foot 4 -inch 13 pounds per lineal fr•ot 5 -inch 17 pounds per lineal foot 6 -inch 20 pounds per lineal fool. 7 -inch 27 pounds per lineal toot 8 -inch 35 pounds per lineal foot 10 -inch 45 pounds per lineal foot 12 -inch 54 pounds per lineal foot STANDARD 2-inch 3 3 -5 pounds per foot 3 -inch 5 1 -5. pounds per foot 4 -inch 7 pounds per foot 5 -inch 9 pounds per foot 6 -inch 11 pounds per foot 7 -inch 14 pounds per foot 8 -inch 17 pounds per foot 10 -inch 23 pounds per foot 12 -inch 33 pounds per foot All fittings used in connections with such pipes shall correspond to the above table in weight and quality. Par. 368, Section 12. All joints in east iron soil pipe shall be made flush with 110 Special Session, May 15th, 1933 Section 8. It is contemplated that cases may arise where a journeyman or master plumber, may, after filing his or its application for a license and the fees have been paid, be required to wait for his examination by the Board of Examiners on account of unusual cir- cumstances. In such cases thePresi- dent of the Board, or, in his absence, any other member of the Board may make a preliminary examination of the applicant, and if satisfied with his quaff ification, may issue a temporary license revocable at the option of the Board, The result of such examination and the fact of the issuance of such license shall be preserved as a part of the records of the Board. Such temporary license shall continue in effect only up to the time said applicant is notified to appear before the Board for his regular examination, at which time it shall cease and terminate. Only one tempor- ary license shall be issued to the same party. Any applicant failing to pass an ex- amination may, upon his application, be re- examined after the expiration of sixty days, but failure to pass an ex- amination will not entitle the applicant to the return of any fees paid by hiin, but he shall have the privilege of tak- ing a second examination without pay- ing an additional fee. All examinations after the second examination shall he given only upon making proper appli- cation and paying the proper fee as provided for in an original application. Failure to Appear for Examination Section 9. After an application for an examination has been filed, the Plumbing Inspector shall give the ap- plicant three days' notice in writing, advising him when to appear for exam- ination before the Examining Board. Should an applicant for a license do any plumbing work after a temporary license has been revoked, he shall be fined for violation of this ordinance, as herein provided. A new application must be made by any person, firm or corporation failing to appear for exam- ination at the stated time and a new fee paid, unless good cause is shown for such failure to appear. Penalty for Violation of Ordinance Section 12. Any person who engages in the business of installing plumbing in the City of Dubuque as a journey- man plumber without a license, as herein required, and any person, firm or corporation who engages in the bus- iness of plumbing as a master plumber without a license as herein required, shall upon conviction be fined not to exceed one hundred ($100) for each of- fense or imprisoned until such fine is paid, but not to exceed thirty days. In Force and Effect Section 13. This ordinance shall be in force and effect ten days from and after its final passage, approval and publication as provided by law. Passed upon first and second readings this 8th day of May, 1933. Passed, adopted and approved upon final reading this 15th day of May, 193:3. M. R. KANE. Mayor. ED. McEVOY, ARDENAL THOMPSON, H. F. SCHUCKERT, Councilmen. Attest: J. J. SHEA, City Clerk. Published officially in the Telegraph - Herald and Times- Journal newspaper May 16th, 1933. 5 -16 -1t J. J. SHEA, City Clerk. Councilman Schuckert moved the adoption of the ordinance. Seconded by Councilman Thompson. Carried by the following vote: Yeas — Mayor Kane, Councilmen McEvoy, Schuckert, Thompson. Nays —None. - Absent — Councilman Andelfinger. . Ordinance No. 8 -33. An ordinance providing for the appointment of a Plumbing Inspector and prescribing his qualities; regulating the instal- lation and inspection of plumbing and the issuance of permits there- for; prescribing a penalty for viola- tion hereof; and repealing Ordinance No. 108 and all other ordinances or parts of ordinances in conflict here- with, having been passed .upon first and second readings, presented and read a third time. ORDINANCE NO. 8, —33. An ordinance providing for the ap- pointment of a Plumbing Inspector and prescribing his qualities; regulating the installation and inspection of plumbing and the issuance of permits therefor; prescribing a penalty for violation here- of; and repealing Ordinance No. 108 and all other ordinances or parts of ordinances in conflict herewith. Be it Ordained by the City Council of the City of Dubuque: Par. 357. Section 1. There is here- by created the office of Plumbing In- spector, whose duties shall consist of making inspections of all plumbing in- stallation done within the City of Du- buque and exacting compliance with the terms of this ordinance and all oth- er ordinances relating to plumbing. He shall be a person having at least five (5) years of practical experience In the plumbing business, either as a Journeyman or Master Plumber, be a resident of the City of Dubuque for at least one year prior to his appoint- ment, and be a licensed plumber at the time of his appointment. Par. 358. Section 2. Before any plumb- ing work is done within the City of Dubuque a permit must be secured from the Plumbing Inspector. Any per- son, firm, or corporation desiring such permit shall make application therefor to the Plumbing Inspector upon blanks furnished for that purpose giving the name of the owner of the premises and its location and the person, firm or cor- poration who will do the plumbing work proposed; and that all plumbing contemplated to be done will be in- stalled in accordance with the provi- sions of the ordinances of the City of Dubuque and all laws of the State of Iowa governing plumbing. The -in- stallation of any plumbing before a permit is granted or without a permit having been granted shall be a viola- tion of this ordinance and the offender shall be punished as herein provided. Par. 359. Section 3. Permits will not be required for the removal of stoppage in soil or waste pipes or for replacing broken fixtures, or tanks, or faucets. or repairing leaks in waste pipes or water pipes or tanks, but when repairs are made only fixtures shall be used to replace broken fixtures as shall con- form to the provisions herein pre- scribed. Traps not previously vented when repaired shall be finished with an approved antisyphon trap. Par. 360. Section 4. When a per- CHART SHOWING I {INDS OF FIXTURES, NUMBERS OF FIXTURES, SIDES OF TRAPS. DIAMETER OF SOIL, WASTE AND VENT PIPES Kinds of Fixtures Closets Sinks, Bath T u b s, Laundry Trays, Or- dinary Slop Sinks, Single Urinals and Shower Baths Wash Basins, Cuspid- ors, Bubblers, Re- frigerators Floor Drains e * * Bar Connections SOIL and WASTE No. of Fixtures Allowed 10 11 -25 26 -60 61 -100 101 -175 7 -15 16 -36 37 -64 1 1 -4 5 -6 7 -10 11 -15 16 -30 1 1 -4 5 -10 11 -25 26 1 1 -4 6 -8 8 -36 1 Long Trough, Pedes- 1 -4 tai, Combined Trap 5 -10 and Porcelain Stall 11 -25 Urinals 26 Sizes of Soil and Waste 3 in. 4 in. 5 in. 6 in. 8 in. 10 in. 2 3 4 5 6 1 2 2 % 3 3% 4 1 1% 2 3 4 in. in. in. in. in. in. in. in. in. in. in. in. in. in. in. 2 in. 3 in. 4 in. 6 in. 1% in. to 3 in. in. in. in. in. in. *—See Par. 786. (B) "—After maximum developed length of pipe is reached increase diameter of pipe at each multiple of the maximum length Par. 374. Section 18 A water closet may be installed on a four (4) inch soil pipe rising from house drain to first floor or any floor above first floor and may be vented with a two (2) inch vent pipe, provide the premises where such closet is installed has a four (4) Inch stack of undiminished size extend- ing through roof, "except that a three (3) inch soil stack may be used in dwellings for not more than one set of fixtures." A set of fixtures shall con- sist of not more than 1 bath, 1 lavatory, 1 closet and 1 sink or similar fixtures. Note: Allow in addition to water closet permitted one bath, one basin and one sink or similar fixtures. Soil or waste pipes placed in any building for future use shall be venti- lated, tested and subjected to the same rules in every respect as if in- tended for immediate use, and all openings must be closed by means of a screw or calked plug or soldered. Par. 375. Section 11, Every fixture trap shall be protected against siphon - age and back pressure and air circula- tion assured by means of a soil or waste stack vent, a continuous waste or soil vent, or a loop or circuit vent. No crown vent shall be installed. No trap shall be placed more than five (5) feet from its vent and the opening in the stack shall not be lower than the trap seal. Note: For soil, waste and vent pipe sizes see Chart A. Special Session, May 15th, 1933 No. of Fixtures Allowed 6 7 -10 11 -20 21 -40 41 -75 76 -106 1 3 7 -10 11 -20 21 4 5 -8 9 -12 13 -20 21 -30 31 2 3 -6 7-15 16 -40 41 6 7 -10 11 -20 21 -40 2 1 -4 5 -12 13 -30 31 Sizes of Back Vents 2 in. 2 / in. 3 in. 3% in. 4 in. 5 in. 1% in. 2 in. 2 in. 3 in. 3 /z in. 1 in. 2 in. 2 in. 3 m. 3 in. 4 in. 1 in. 1 in. 2 in. 3 in. 4 in. 2 in. • 3 in. 3 in. 4 in. 1?2 in. to 3 in. 1% in. 2 in. 2% in. 3 in. 4 in. Sizes of Traps Required 2% in. to 4 in. 2 in. to 4 in. 1 in. or 2 in. 2 in. to 6 in. 2 in. to 4 in. Maximum Developed Length of Vent Pipe Permitted s 80 feet 100 feet 120 feet 150 feet 200 feet 300 feet 1 60 feet 80 feet 100 feet 120 feet 150 feet 60 feet 80 feet 100 feet 120 feet 150 feet 200 feet 60 feet 60 feet 80 feet 120 feet 1 80 feet 120 feet 150 feet 200 feet 60 feet to 80 feet permitted. ***—The minimum size of waste for base- ment or cellar boor drain shall be not less than three (3) inches in diameter. Par. 376. Section 20. (A) All vents shall be run separately through the roof; or be reconnected at least eight inches below the roof, or be recon- nected to the main vent pipe not less than three feet above the highest floor on which fixtures are placed. No fit- ting or fittings for future waste con- nections shall be placed in any soil or waste pipe above the point of re- vent connections. Where vent pipes connect to a hori- zontal soil or waste pipe the vent branch shall be taken off above the center line of the pipe. and the vent pipe must rise vertically or at an angle of 45 degrees to the vertical to a point six (6) inches above the fixture it Is venting before off- setting horizontally or connecting to the branch, main waste or soil vent. (B) In remodeling existing plumb- ing or in the extension of existing plumbing it is found to be impossible or impracticable to revent fixture traps, an approved deep seal resealing trap may be used provided that pe "- mission is first obtained from the Plumbing Inspector. Par. 377. Section 21. (A) Fixed wooden wash trays or sinks shall not be installed in any building designed or used for human, habitation. (B) Traps for bath tubs, lavatories, sinks, laundry tubs and other similar fixtures shall be of extra heavy Lead, r 112 Special Session, May 15th, 1933 hubs, with oakum, well tamped, and pure lead not less than one inch thick, well calked, and no paint, varnish, put- ty or cement of any kind; or tilting of joints will be allowed. Lead pipe , ball in all cases be joined by means of wiped joints. Where lead pipe is joined to brass pipe, soldering nipples or caulking ferrules, wiped joints only will be allowed. Brass or copper pipes may be jointed to brass or copper pipes by either wiped or screw joints. All Ion - nections between Lead pipes and cast iron pipes shall be made with suitable extra heavy brass ferrules or grass vol• dering nipples. Brass ferrules shall he extra heavy red cast brass, and of the weight and dimensions as given in the following table: Diameter Length Weight 2 % inches 4% inches 1 pound 3% inches 4% inches 1 pound 12 ozs. 4% inches 4% inches 2 pounds 8 ozs. Soldering nipples shall be of brass pipe, iron pipe size, or heavy cast red brass not less than the following weights: Weight Weight Diameter Ozs. Diameter Lbs., Ozs. 1 6 2%" 1 -6 1 8 3 " 2 -0 2 " 14 4 " 3 -8 Soldering bushings shall be of brass pipe, iron pipe size or of heavy cast red brass. Par. 369. Section 13. All pipes shall be run as direct as possible. Changes in direction of horizontal soil or waste pipes shall be made with wye branches, degree bends or long turn quarter bends. Offsets shall be made with rot ty -five degree bends or similar fittings. (Cast offsets may be used in vertical soil. waste and vent lines only). No short quarter bends shall be used except un- der closet bowls and unless unavoidable in vertical stacks or where tae flow changes from the horizontal to the ver- tical. Branches in soil lines or house drains for waste lines shall be made with woos or sanitary tees. No straight tee branches or er asses will be allowed. No double hub fittings or inverted hubs shall be used hi waste or lines. In no case will the use of saddles or bends be permitted. Par. 370. Section 14. All lead pipes, traps and bends shall be drawn and not less than the following weight per lineal foot. 1 inches 3 pounds 1 inches 4 pounds 2 inches 6 pounds 3 inches 6 pounds 4 inches 8 pounds All bends and offsets in lead pipes shall be made so as to have full sized openings, and care shall be taken not to weaken any portion of the pipe in bending or working. All lead pipes when placed in position shall be properly sup- ported under the entire length to pre- vent sagging. Par. 371. Section 15. All soil, waste and vent pipes shall be placed inside of the building and carried full size to a point at least twelve (12) inches below the roof, and all such pipes less than four (4) inches in diameter shall be in- creased to four (4) inches in diameter through and twelve (12) inches above the roof, change in diameter shall be made with long increaser, pipes four (41 inches and larger in diameter are not required to be increased through roof; pipes passing through roofs used for drying purposes, or serving for yard or similar purposes shall be exter,ded seven (7) feet above such roof and be suitably braced. The roof terminal of any waste, soil or vent, when located within eight (8) feet of any window or door in the same or adjoining building shall be carried two (2) feet above such opening. Par. 372. Section 16. Where soil, waste or vent pipes pass through roof they shall be flashed and made water tight with sheet lead, copper or galvan- ized iron Par. 373. Section 17. The following chart of soil, waste and vent pipes shall apply:— 114 Special Session, May 15th, 1933 cast -iron, brass or malleable iron. Con- nection between brass trap and waste lines shall be made with brass tubing not lighter than 17 gauge. (C) Traps of bent brass tubing shall not be lighter than seventeen (17) gauge, and shall have gauge of metal plainly stamped thereon. Unions and cleanouts in traps shall be below the water seal, except that ground faced unions may be used on outlet of trap. Par. 378. Section 22. Water closets shall not be placed beyond ten (10) feet from the continuous vent and they shall be constructed of material equal to vitreous china or cast iron enam- eled inside and out, and made in one piece and of such shape and form as to hold a sufficient quantity of water when filled up to the trap overflow, it will completely submerge any matter deposited in them and properly flush and scour the bowl and pipe when the contents of the bowl are discharged. Par. 379. Section 23. Traps for bath tubs when placed within seven (7) feet of the continuous vent need not be vented if 4x8 drum trap is used and the opening in stack to which bath waste connects is not over twelve (12) inches lower than the seal of trap; ex- cept when fixtures discharge into sane stack from floor above, in which case bath traps shall be vented, and such bath waste shall connect into stack be- low water closet or other fixture open- ing or into side inlet tee. Wet vent may be used. Traps for laundry tubs when placed not over five (5) feet from stack need not be vented, provided a 4x8 inch drum trap is used. Waste from laun- dry tubs may drain into floor drain placed directly beneath tubs. A set of not more than three (3) laundry tubs shall be considered one fixture. Par. 380. Section 24. Urinals shah be constructed of vitreous china ware or other impervious material. Water Closets and pedestal urinals with in- tegral traps shall have visible trap seals. Par. 381. Section 25. Grease traps of adequate capacity shall be installed where ever greasy waste from hotels, restaurants, club houses or similar places are discharged into sewer. They shall be constructed of cast -iron, ce- ment or hard burned brick Laid in ce- ment mortar and have gas tight cover. When practicable traps shall be vented as near trap as possible. Par. 382. Section 26. Waste pipes from bar and soda fountains shall not be connected directly with the sewer but shall be trapped and arranged so as to waste into an open sink or floor drain or trapped funnel. Par. 383. Section 27. Waste pipes from refrigerators or other receptacles where food is kept shall not be con- nected directly with sewer, soil or waste pipe, but shall discharge over basement drain, open sink, or trapped funnel. Waste lines from refrigerators set on any floor above the first floor shall be extended through the roof as a vent. Waste lines for mechanical refrigerators located above first floor need not be extended through roof as a vent; and such waste tines shall be ade- quate in size for the purpose intended. Par. 384. Section 28. The waste lines for basement or cellar floor drains shall not be less than three (3) inches in diameter. The waste lines for floor drains other than for basement or cel- lar drains shall be as indicated in Chart A. All floor drains shall be properly trapped with deep seal trap with clean - out accessible through cover or brought up level with floor. Floor drains located on any floor above basement or cellar shall be considered the same as other fixtures. Par. 385. Section 29 Water closets shall be supplied with water from sep- arate tanks, or flushometers and shall be so arranged as to deliver at least three (3) gallons of water at each flush- ing. Pan, hopper, valve, plunger, off- set washout, range, and laterine clos- ets shall not be installed. Water clos- ets shall not be placed in an unventilat- ed room, but shall be open to the outer air by means of windows or air shafts, but in no case shall air ducts which serve water closets open into living - room or hall. Frost -proof closets will be permitted in buildings when extreme conditions necessitate their use. When installed, the bowl must be of vitreous china- ware or cast -iron enameled inside, of the flush rim pattern, provided with an adequate tank automatically drained. Note: A special permit must be ob- tained from the Plumbing Inspector be- fore such frost -proof closet can be in• stalled. Fixtures shall not be set in any build- ing until partitions and window frames are set. Par. 386. Section 30. Water, closets, pedestal urinals and trap, slop sinks with trap standards, and similar fix- tures with floor connections shall be connected to soil or waste pipe by means of a brass floor connection wiped or soldered to lead pipe or bend and se- curely anchored to floor, where struc- tural part of floor is of wood; in solid concrete construction or underground work cast iron connections may be used. In Durham work screwed brass flanges shall be used. Joints shall he made tight with an adequate asbestos graphite ring, or an asbestos gasket washer. To Insure the tightness of the joint a paste of red or white lead or other equal compound of the consistency of putty may be used. Par. 387. Section 31. All plumbing fixtures shall be installed free and open in a manner to afford access for clean- ing. When practical all pipes from fix- tures shall be run to the wall. Par. 388. Section 32. All soil waste and vent pipes in horizontal runs shall be hung and supported with substantial iron hangers placed not more than ten (10) feet apart. Soil waste and vent lines in vertical runs shall have iron pipe rests on first floor and every thirty (30) feet above. Par. 389. Section 33. Floor drains in public or commercial garages shall be intercepted before entering any sew- er by a suitable catch -basin properly trapped to all cases such drain shall be connected into a storm sewer when such a sewer is available. Connections shall not he made with a sanitary sewer except and unless a storm sewer is not available which shall be deter- mined by the City Engineer. Catch basins shall he constructed of cast iron, cement, hricic, or other material ap- proved by the Plumbing Inspector; they shall be water tight and not less than two (2) feet deep below the outlet pipe, and not less than eighteen (18) inches in diameter. The outlet shall be not :ess than three (3) inches in diameter, with clean -out brought up level with floor just outside of catch - basin; clean - outs will not he allowed Inside of catch - basin. When it is impossible to install catch - basins of the above dimensions then such a catch basin may be used as the Plumbing Inspector may ap- prove Sediment, grease or oils, which may collect in catch - basins must be re- moved often enough to prevent their entrance into the sewer to which they are connected. Par. 390. Section 34. Waste from plumbing fixtures in buildings situated on streets where a public sewer is not available shall be connected to septic tanks. The drain tile or other means of disposing of the effluent from septic tanks shall not be located within twenty (20) feet of any building or public side- walk. Where it is found to be impos- sible to locate sewage treatment plants within the limits prescribed above. spe- cial permission from the Board of Health must first be obtained before proceeding with the installation of said sewage treatment plant Septic tanks, or any sewage treat- ment tank shall not be built or in- stalled without first obtaining a permit from the Board of Health. Par. 391. Section 35 House sewers shall be of the best quality of vitrified earthenware pipe or extra heavy cast - iron soil pipe; When of vitrified earth- enware pipe, joints shall be made with Portland cement or other approved ma- terial, and shall be laid no nearer than five (5) feet from the inside line of basement wall nor less than one and one -half (1 feet below the surface of the ground. When cast -iron soil pipe is used for house sewers extra heavy pipe "or heavier" shall be used, and joints shall be made with lead in the manner spec- ified for soil pipe. Stone, cement or vitrified earthen- ware house drains shall not be laid un der or in any building, and such house drains now laid that become defective or dangerous to health shall be re- moved and replaced with extra heavy cast -iron soil pipe. Sewers, drains and waste pipes shall have not less than one - eighth ( inch fall or grade per foot. Par. 392. Section 36 (A) The bodies of clean -out ferrules shall be made of standard pipe sizes, conform in thick- ness to that required for pipe and fit- tings of the same metal and extend not less than one - quarter ( inch above the hub. The clean -out cap or plug shall be of heavy red brass not less than one - eighth ( inch thick and be provided with raised nut or recessed socket for removal. (B) Clean -outs shall he provided at the end of each horizantal, and at the bottom of each vertical line of waste or soil line, and at each lower turn in vertical soil or waste stack. All clean - outs shall be accessible and shall be of the same size as the pipes they serve, except where pipes are larger than four (4) inches in diameter, in which case clean -outs need not be larger than four (4) inches. A test tee of the same size as the main drains shall be placed in line just inside of foundation wall, ex- cept where main drain turns from the horizontal to the vertical at a dis- tance of not more than five feet from foundation wall, in which case test tee may be placed at turn of pipe. (C) Blowoffs, drains or exhaust pipes from high pressure steam boilers shall not be directly connected with any drain which is connected with a public drain or sewer. Such pipes shall dis- charge into a tank or condenser with iron cover and be vented. Special Session, May 15th, 1933 115 Blowoffs or drains from low press ire steam heating boilers or hot water heating boilers shall not be directly con- nected to a house drain or sewer, but shall drain into an open floor drain e r other fixture. Par. 393. Section 37. The Plumbing Inspector shall have access to all build- ings for the purpose of carrying into effect any of the provisions of this or dinance. Par. 394. Section 38. (A) The fol- lowing fees shall be charged for all in- spections made under this ordinance: One (1) dollar each for the first four (4) fixtures or openings left in the wont for such fixtures to be attached there- to; and fifty (50) cents for each and every fixture or opening thereafter. (B) When an existing fixture is moved to a new location, or replaced with a new fixture, and any new waste or vent pipe is used, or the existing waste or vent pipe is in any way changed, a permit must be taken out the same as for new work and a fee of fifty (50) cents per fixture paid. (C) When an existing house sewer connecting to sewage treatment tank or cess -pool is changed to connect to a public sewer and the house drain is in any way changed or additional pipe run to make such change to a public sewer, a permit must be obtained for such work and a fee of one (1) dollar paid. (D) Where inspection fees have been paid for openings left in any plumbing work, no additional fees shall be charged when the fixtures are set, but a new permit must be secured before such fixtures are set. (E) If by reason of non- compliance with the provisions of this ordinance, or through the use of defective mater- ials, a subsequent inspection becomes necessary, the person, firm or corpora- tion doing the plumbing within said premises first inspected, shall make the necessary changes in the work to make it conform to the provisions of this or- dinance, and shall notify the Inspector that same is ready for re- inspection, and for such re- inspection a fee of two (2) dollars shall be paid. (F) Permits will not be issued to any plumber who is delinquent in the payment of any of the above charges. Par. 395. Section 39 The word "fix- ture" as used in this ordinance shall be construed to mean any receptacle installed or used to receive or dis- charge waste water. house soil, slops or sewage into a drainage system with which they are connected. Par. 396. Section 40. Any person, firm or corporation violating any of the provisions of this ordinance shall be fined not Less than one (1) dollar nor more than one hundred ($100) dollars for each offense or be imprisoned until such fine is paid not to exceed thirty (30) days. Par 397. Section 41. Nothing herein shall he construed as annuling any rule or regulation relating to plumbing of the State Board of Health or State Plumbing Code Commission, but all of the provisions hereof shall be construed and interpreted as to confrom to said rules as may be adopted by said State Board of Health or as may be contain- ed in the State Plumbing Code. Par 398. Section 42 That Ordinance No. 108 adopted August 12, 1921, and all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Par. 399. Section 43 This Ordinance shall be in force and effect ten days from and after its final passage, adop- Healey, owner of the South 26 ft. of Lot 245 on the west side of Central Avenue, has today presented a re- quest that the City Council exon- erate him from the payment of the special assessment made for a new water and sewer service connection at the time of the improvemnt in 1931 of Central Avenue. He presents an agreement, dated May 15, 1923, between the Mettel Land & Security Company and him- self and wife, at which time the sale of the South 26 ft. of Lot 245 was made. On page 2 of said agreement, the following paragraph exists: "The parties of the second part, namely Charles Joseph Healey and his wife, Alice, are hereby given the privilege to make all the pro- per sewer and water connections with that as laid on the northerly 34 ft. of Lot 245 in Davis Farm Addition, Dubuque County, Iowa, the intention being to permit par- ties of the second part the priv- ilege as reserved in the deed of Michael P. Mettel and wife to Wm. Zieman, owner of the North 34 ft. of Lot 245, dated February 24, 1917, and recorded in Book 84, T. L., Page 218, of Dubuque County, Iowa, records." Mr. Healey today makes the state- ment that he objected to the new sewer and water connections in- stalled to the south 26 ft. of Lot 245 at the time of construction. How- ever, the connections were installed and assessed by Council, totalling $67.22, including $52.00 for water, $14.00 for sewer and $1.22 interest. Mr. Healey's objection to this pro- cedure was that until about a month ago he did not know that the assess- ments were levied against this par- ticular portion of Lot 245 as he was purchasing the same from the Met - tel Land & Security Company on a land contract basis. His question is, can any reduction or method be approved by Council to revoke this assessment or any portion thereof? Yours very truly, R. M. EVANS, City Manager. Councilman Schuckert moved to suspend the rules for the purpose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas — Mayor Kane, Councilmen McEvoy, Schuckert, Thompson. Nays —None. Absent — Councilman Andelfinger. Mr. Healey addressed the Council relative to having the special assess- ment for sewer and water connec- tions levied against the South 26 Special Session, May 15th, 1933 117 feet of Lot 245 either reduced or cancelled. Councilman Thompson moved to refer the communication of City Manager Evans to the City Council and. the City Manager be instructed to ascertain if said property has been 'sold at tax sale. Seconded by Councilman McEvoy. Carried by the following vote: Yeas — Mayor Kane, Councilmen McEvoy, Schuckert, Thompson. Nays —None. Absent — Councilman Andelfinger. Resolution No. 28 -33. A resolution approving applica- tions for the sale of beer and auth- orizing the issuance of permits. Whereas, the City Council of the City of Dubuque has examined the applications which have been filed for permits for the sale of beer within the City of Dubuque and has approved such applications as apply to the persons herein named at the locations described herein: Now, Therefore, Be It Resolved by said Council, that permits for the sale of beer within the City of Dubuque be and the same are hereby authorized and ordered issued, as follows: Class "B" Permits Mrs. Edith Forment, 330 Main Street. Louie Rietjens, 489 West 8th Street (upstairs). Dominick Welu, 532 East 22nd Street. Le Roy Wolff, 603 East 22nd Street. Patrick W. Murray and Geo. J. Zillig, 234 West 9th Street. Class "C" Permit Joseph M. Baule, 1206 Iowa Street. Passed, adopted and approved this 15th day of May, 1933. M. R. KANE, Mayor. ED. McEVOY, ARDENAL THOMPSON, H. F. Schuckert, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the resolution. Second- ed by Councilman McEvoy. Carried by the following vote: Yeas — Mayor Kane, Councilmen McEvoy, Schuckert, Thompson. Nays —None. Absent — Councilman Andelfinger. Councilman Thompson moved that the application of Stamaties Con - tantines requesting the issuance of a Class B permit for the sale of beer be denied on the grounds of insufficient surety. Seconded by Councilman McEvoy. Carried by the following vote: 116 Special Session, May 15th, 1933 Lion and approval by the City Council and publication as required by law. Passed upon first and second read- ings this 8th day of May, 1933. Passed, adopted and approved upon final reading this 15th day of May, 1933. M. R. KANE, Mayor. ED. McEVOY, ARDENAL THOMPSON, H. F. SCHUCKERT, Councilmen. Attest: J. J. SHEA, City Clerk. Published officially in the Telegraph - Herald and Times- Journal newspap.?r May 16th, 1933. J. J. SHEA, 5 -16 -1t City Clerk. Councilman McEvoy moved the adoption of the ordinance. Second- ed by Councilman Schuckert. Car- ried by the following vote: Yeas — Mayor Kane, Councilmen McEvoy, Schuckert, Thompson. Nays —None. Absent— Councilmen Andelfinger. May 15, 1933. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: There has been a con- certed effort on the part of citizens in the south end of town to secure a suitable playground and baseball field, without having to go all the way to Comiskey Field for their games. The area most desirable is the Rafferty Slough sand fill, which, of course, in its present state, is impossible. In the past two years, there have been times when a few loads of dirt fill were available and a bit of the corner was filled in. However, if we wait for such things as storm sewer excavations, etc., to obtain enough fill, the work will likely never be done. The best way would be to hire trucks and buy dirt and put it there and have the job done with once and for all. r estimate the amount of fill (fig- uring an average 4 inch depth) at 3,000 sq. yds. Possible places to get the fill are the Ott property at Val- ley and Southern Ave. or the Scully property at Grandview and the Rock- dale Road. Either place would make a very short haul. Now due to the cost, which I esti- mate roughly at $1,000.00, it is obvi- ously impossible for the Recreation Department to do the work, but when the benefits are visualized, the cost seems insignificant. The area I anticipate filling will be aproximate- ly 400 by 600, larger than Comiskey Field. Now, Comiskey Field was purchased for $27,500. If for $1,000, Comiskey Field can be duplicated in the south end, the money would cer- tainly be well spent. Activities would include soft ball, hard ball, football, horseshoes, skat- ing, track meets and soccer; in fact, the program that could be carried out on such a field would not only greatly increase the recreational fac- ilities of the city, but would also make evident the fact that we are trying to treat all sections of the city in a fair and impartial manner. Respectfully, SYL. McCAULEY, Recreational Director. Councilman McEvoy moved that the request be granted. Seconded by Councilman Thompson. Carried by the following vote: Yeas — Mayor Kane, Councilmen McEvoy, Schuckert, Thompson. Nays —None. Absent — Councilman Andelfinger. May 10th, 1933. Honorable Mayor and City Council, Dubuque, -Iowa. Gentlemen: The question has arisen today as to whether or not our Electrical Inspector and City Electrician have the right to insist that users of radios do not cross the public street or public alley with radio receiving wires, or antennas. Upon investigation I am told that quite a number of antennas have been recently erected across public streets and alleys without any per- mit being granted by any city official. I question seriously the possibility of damage suits in case of these radio wires faling, or the fastenings breaking loose from one building to another, and said apparatus drop- ping on the streets or alley. One very serious point to consider is the fact that in some cases there may be radio receiving wires strung across electric light wires and in case of failure of the receiving wires they may drop on the light wires and fall into the street and cause serious accident or death. There is also a fire hazard, due to lightning, in connecting a receiving wire from one building to another. I suggest that this matter be re- ferred to the City Solicitor and if possible an ordinance drafted pro- hibiting all past and any future in- stallations of this nature. Yours very truly, R. M. EVANS, City Manager. Councilman Schuckert moved that the City Manager be instructed to have all aerial wires removed which cross over public property. Second- ed by Councilman McEvoy. Carried by the following vote: Yeas — Mayor Kane, Councilmen McEvoy, Schuckert, Thompson. Nays —None. Absent— Councilman Andelfinger. May 11, 1933. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Mr. Charles Joseph MO 11. 1 • Co., et al, requesting that the Elec- trical Inspector be again placed on full time employment instead of half time employment, presented and read. City Manager Evans recommend- ing that the Electric Inspector be placed on three quarter time em- ployment. Councilman Thompson moved that the recommendation of City Man- ager Evans be approved. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Kane, Councilmen McEvoy, Schuckert and Thompson. Nays —None. Absent — Councilman Andelfinger. Petition of Christeen L. Jackson, referred to the City Council by the Board of Supervisors, requesting the suspension of the 1932 tax on Lot 2 of Buettel's Sub., presented and read. Councilman Schuckert moved to refer the petition to the City So- licitor for investigation and report. Seconded by Councilman Thompson. Carried by the following vote: Yeas —Mayor Kane, Councilmen McEvoy, Schuckert and Thompson. Nays —None. Absent — Councilman Andelfinger. Petition of Edward P. Weitz, re- ferred to the City Council by the Board of Supervisors, requesting the cancellation of the 1932 tax on Lot 11 of 129, 131, 131A and 135A of L. H. Langworthy's Addition, present- ed and read. Councilman Schuckert moved to refer the petition to the City So- licitor for investigation and report. Seconded by Councilman Thompson. Carried by the following vote: Yeas —Mayor Kane, Councilmen McEvoy, Schuckert and Thompson. Nays —None. Absent— Councilman Andelfinger. Petition of M. and A. Rogers, re- ferred to the City Council by the Board of Supervisors, requesting the suspension of the 1931 and 1932 tax- es on the West 50 feet of Lot 3 of Mineral Lot 179, presented and read. Councilman Schuckert moved to refer the petition to the City So- licitor for investigation and report. Seconded by Councilman Thompson. Carried by the following vote: Yeas —Mayor Kane, Councilmen McEvoy, Schuckert and Thompson. Nays —None. Absent— Councilman Andelfinger. Petition of Frank J. and Norina Sauer requesting that the City of Dubuque award a contract to Al. Pape, plumbing contractor, for the installation of toilet and toilet fa- cilities in the residence located on Lot 72 Burden and Lawther's Ad- Special Session, May 26th, 1933 119 dition and to assess the cost of same as provided by resolution, presented and read. Councilman Schuckert moved that the prayer of the petition be granted. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Kane, Councilmen McEvoy, Schuckert and Thompson. Nays —None. Absent — Councilman Andelfinger. Resolution No. 29 -33 WHEREAS, the Board of Health of the City of Dubuque has served a notice upon Frank Sauer, the own- er of Lot Number Seventy -two (No. 72), Burden-Lawther's Addition to the City of Dubuque to install san- itary toilet and toilet facilities in the residence located thereon and to connect the same with the sanitary sewer, and said Frank Sauer ha filed a petition with this Council representing that he is financially un- able to make such improvements and requesting therein that said Council install such improvements under a proper contract and assess the cost thereof upon and against said described premises; and, WHEREAS, said petitioner has expressly waived all preliminary for- malities and proceedings, advertise- ment for bids and notice of the levy- ing of assessment and has agreed that a contract be awarded to Al Pape, plumbing contractor, selected by him to do such work and furnish the materials for the sum of not to exceed Two Hundred and Thirty - seven Dollars, ($237), the exact cost to be certified to the City Clerk up- on completion of such improvements. The said City of Dubuque to assume no responsibility for the construction of such improvements; and, WHEREAS, said petitioner has further agreed that the cost of such improvement shall be assessed against said described premises and become payable in seven equal in- stallments, the first thereof becom- ing due and payable within thirty days after the assessment is levied and the remaining six installments to become due and payable in equal annual amounts beginning with the year 1934, together with five per cent (5 %) interest thereon, such assess- ments, with the interest thereon, to remain a lien upon said property until fully paid, said petition being made a part hereof by reference thereto and forming the considera- tion for the adoption of this Resolu- tion and the construction of such improvements: NOW, THEREFORE: BE IT RESOLVED, by the City Council of the City of Dubuque, that 118 Special Session May 26th, 1933 Yeas — Mayor Kane, Councilmen McEvoy, Schuckert, Thompson. Nays —None. Absent — Councilman Andelfinger. Councilman Thompson moved that the free license granted to Arthur Apel for the peddling of fruit and vegetables be revoked. Seconded by Councilman McEvoy. Carried by the following vote: Yeas — Mayor Kane, Councilmen McEvoy, Schuckert, Thompson. Nays —None. Absent — Councilman Andelfinger. There being no further business, Councilman Schuckert moved to ad- journ. Seconded by Councilman Thompson. Carried by the following vote: Yeas — Mayor Kane, Councilmen McEvoy, Schuckert, Thompson. Nays —None. Absent — Councilman Andelfinger. Approved 1933. Adopted 1933. 1 Councilmen l Attest: City Clerk. CITY GOUNCIL (Official) Special Session, May 26th, 1933. Council met at 4:35 P. M. Present —Mayor Kane, Councilmen McEvoy, Thompson, City Manager Evans. Absent — Councilmen Andelfinger and Schuckert. Meeting called by order of Coun- cilmen McEvoy and Thompson. Mayor Kane read the call and stat- ed that service thereof had been duly made and that this meeting is called for the purpose of adopting a resolution approving applications for the sale of beer and authorizing the issuance of permits and acting on any other business as may pro- perly come before a regular meet- ing of the City Council. Communication of Fighting Back Chapter No. 6, Disabled American Veterans of World War extending invitation to the City Council to join them in their Memorial Day parade, presented and read. Councilman McEvoy moved that the invitation be accepted. Seconded by Councilman Thompson. Carried by the following vote: Yeas —Mayor Kane, Councilmen McEvoy and Thompson. Nays —None. Absent — Councilmen Andelfinger and Schuckert. Petition of M. C. Mai making ap- plication for refund on his pool table license, having paid said license for the year during the month of April, and only using the license for the month of April, 1933, presented and read. Councilman Thompson moved to refer the petition to the City Man- ager for investigation. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Kane, Councilmen McEvoy and Thompson. Nays —None. Absent — Councilmen Andelfinger and Schuckert. Petition of Aetna Casualty and Surety Company, Des Moines, Iowa, requesting the cancellation of the Excavation Bond of Gus Candler, presented and read. Councilman Schuckert entered and took his seat at 4:45 P. M. Councilman Thompson moved to receive and file the petition. Sec- onded by Councilman McEvoy. Car- ried by the following vote: Yeas —Mayor Kane, Councilmen McEvoy, Schuckert and Thompson. Nays —None. Absent— Councilman Andelfinger. Petition of E. P. Smith Electric sanitary toilet and toilet facilities, together with the necessary connec- tions with the sanitary sewer, be and the same are hereby ordered made and installed in and to Lot Number Seventy -two (No. 72) in Eurden - Lawther's Addition to the City of Dubuque and the residence located thereon, such sanitary facil- ities being of the make and design as selected by the owner thereof, and that a contract be awarded to Al Pape, plumbing contractor, for the doing of the work and furnish- ing of all materials therefor, all in accordance with the request of Frank Sauer, owner of said premises. BE IT FURTHER RESOLVED, that when such improvements are completed, said contractor shall cer- tify the cost thereof to the City Clerk who shall cause to be pre- pared a Resolution levying an assess- ment upon and against said prem- ises for such costs, and such assess- ments with interest of five per cent (5 %), shall remain a lien upon said premises until paid. BE IT FURTHER RESOLVED, that after said assessments have been levied by this Council the same shall become due in seven equal in- stallments, the first of which being payable thirty days after date of levy and the remaining six install- ments becoming due and payable in six annual equal installments, be- ginning with the year 1934 and such assessments shall be certified by said Clerk to the Auditor of Du- buque County in the manner pro- vided by law. Passed, adopted and approved this 26th day of May, 1933. M. R. KANE, Mayor. ED. McEVOY, ARDENAL THOMPSON, H. F. SCHUCKERT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Schuckert moved the adoption of the resolution. Second- ed by Council McEvoy. Carried by the following vote: Yeas —Mayor Kane, Councilmen McEvoy, Schuckert and Thompson. Nays —None. Absent — Councilman Andelfinger. May 23, 1933. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: There has been pre sented today a letter under date of May 13th from a former City Man- ager to Mr. George Masters, plumb- ing inspector, as follows: 120 Special Session, May 26th, 1933 "Mr. George Masters, Plumbing Inspector, Dubuque, Iowa. Dear Sir: When Farley Street and Thomas Place were paved last year, the sewer was extended south- erly on Thomas Place for the pur- pose of getting the sewer out from underneath the pavement and it has now come to our attention that Mr. Ben L. Ernst, the owner of Lots 45, 46 and 47, Althauser's Subdivision, is preparing to connect to this sewer with plumbing that he is now in- stalling in his home. Mr. Ernst did not pay an assess- ment for this sewer and the Council, at their meeting last night, instruct- ed me to have you collect the sum of $,J.90 as his portion of the sewer before he is allowed to connect. Will you, therefore, kindly keep this mat- ter in mind. Very truly yours, (Signed) O. A. KRATZ, City Manager." Upon investigation, I find that a sanitary sewer stub was construct- ed southerly from the intersection of the sanitary manhole at Farley and Thomas Streets to opposite Lot 45 on which Mr. Ben L. Ernst had at that time erected a house. You will note that the original proposition from Mr. Kratz stated that Council stipulated that the payment of $70.90 must be made prior to the time of making a con- nection from house on Lot 45 to this stub sewer. Mr. Ernst is now ready to make his connection, but does not have the money to make the full pyament of $70.90. No as- sessment exists on this lot for this stub sewer and it seems to be a verbal understanding that the full amount be paid prior to connection. Mr. Ernst now requests that Coun- cil extend the payment of this stub on the basis that he can pay $5.00 down and approximately $5.00 per month for the next 13 or 14 months, without interest. This is a minimum monthly payment and, if possible, the entire balance of the $70.90 will be paid prior to the 14 -month period. Yours- very truly, R. M. EVANS, City Manager. Councilman Schuckert moved that the City Solicitor be instructed to draw up a contract covering the pay- ments as suggested in the commun- ication. Seconded by Councilman Thompson. Carried by the following vote: Yeas — Mayor Kane, Councilmen McEvoy, Schuckert, Thompson. Nays —None. Absent — Councilman Andelfinger. Report of the Board of Health for the month of April, 1933, presented. Councilman Schuckert moved that the report be received and placed on file. Seconded by Councilman Thompson. Carried by the following vote: Yeas — Mayor Kane, Councilmen McEvoy, Schuckert, Thompson. Nays —None. Absent — Councilman Andelfinger. Resolution No. 30=-33 A resolution approving applica- tions for the sale of beer and auth- orizing the issuance of permits. Whereas, the City Council of the City of Dubuque has examined the applications which have been filed for permits for the sale of beer within the City of Dubuque and has approved such applications as apply to the persons herein named at the locations described herein: Now, Therefore, - Be It Resolved by said Council, that permits for the sale of beer within the City of Dubuque be and the same are hereby authorized and ordered issued, as follows: Class "B" Permits Leo Cunningham and John M. Thompson, 265 West 1st Street. Stamatios Constantinos (Iowa Lunch), 961 Main Street. John Roth, 1640 Central Avenue. Carolina Machinek, 3165 Central Avenue. Passed, adopted and approved this 26th day of May, 1933. M. R. KANE, Special Session, May 26th, 1933 121 Mayor. ED. McEVOY, ARDENAL THOMPSON, H. F. SCHUCKERT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the resolution. Second- ed by Councilman McEvoy. Carried by the following vote: Yeas — Mayor Kane, Councilmen McEvoy, Schuckert, Thompson. Nays —None. Absent — Councilman Andelfinger. Petition of R. M. Benn, chairman, Decorating Committee of the Du- buque Post, American Legion, re- questing permission to string rope cross lines across the principal streets of the city for the purpose of decorations during the Legion Con- vention on August 6, 7, 8 and 9, 1933, presented and read. Councilman Schuckert moved that the prayer of the petition be grant- ed. Seconded by Councilman Mc- Evoy. Carried by the following vote: Yeas — Mayor Kane, Councilmen McEvoy, Schuckert, Thompson. Nays —None. Absent — Councilman Andelfinger. Councilman McEvoy moved that the resignation of James Lonergan as Boiler Inspector be accepted. Seconded by Councilman Schuckert. Carried by the following vote: Yeas — Mayor Kane, Councilmen McEvoy, Schuckert, Thompson. Nays —None. Absent — Councilman Andelfinger. Councilman Thompson moved that Fred J. Homan be appointed as Boi- ler Inspector. Seconded by Council- man Schuckert. Carried by the fol- lowing vote: Yeas —Mayor Kane, Councilmen McEvoy, Schuckert, Thompson. Nays —None. Absent — Councilman Andelfinger. Councilman McEvoy moved that the request of Trausch Baking Com- pany be granted and that they be allowed to install temporary flood lights and to close off Main Street in front of their place of business for a period of one or two hours on May 31st and June 1st, 1933. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas —Mayor Kane, Councilmen McEvoy, Schuckert, Thompson. Nays —None. Absent — Councilman Andelfinger. Resolution No. 31 -33 Whereas, the Forty -fifth General Assembly of the State of Iowa en- acted the Conference Committee Amendment to Senate Substitute for Senate File 131, providing for the mandatory reduction of tax levies in the year 1933 and 1934, using as a base for such reductions the rate of taxes levied for the several funds in the year 1930; and, Whereas, the Police Pension Fund of the City of Dubuque is affected by the law aforesaid and a com- pliance with the same will result in a substantial decrease in the amount of money that will be available for said Police Pension Fund in the fis- cal year 1934 below the sum actu- ally needed to pay pensions to re- tired policemen, their widows and minor children, unless said fund for the City of Dubuque is exempted from the application of the provis- ions of Section One of said law; and, Whereas, special provisions are made in said law for exemption from the application of its yrovisions under certain defined conditions, one 122 Special Session, May 26th, 1933 of said conditions being that where the levy in 1930 for a particular fund was low as compared with the levy for the same fund in any of the four years immediately preceding or the year immediately following and strict necessity exists, then, and in such event, relief from the applica- tion of said law may be had by ap- peal to the Budget Director of the State of Iowa; and, Whereas, the tax levy for the Pol- ice Pension Fund in 1930 was fifty - one hundredths (.51) of a mill, pro- ducing the sum of Six Thousand One Hundred Twelve Dollars and Eighty -three Cents ($6,112.83) on a taxable valuation of Eleven Million Nine Hundred Eighty -five Thousand Nine Hundred Forty -nine Dollars ($11,985,949.00) ; and, Whereas, since 1931 the number of pensioners entitled to benefits from said fund has substantially increased and the amount necessary to pay such pensions during the fiscal year 1934 is estimated to be Fourteen Thousand Six Hundred Forty -three Dollars ($14,643.00) which sum can- not be realized by complying with the provisions of said law; and, Whereas, in order to produce the sum required for said pension fund during the fiscal year 1934 it is nec- essary that the City of Dubuque be relieved from the operation of said law in order that a millage levy may be made sufficient to produce said sum of $14,643; and, Whereas, the millage levy of 1930 for the Police Pension Fund was low as compared with the levy for said fund in the year 1931 on ac- count of the number of pensioners then receiving payments from said fund; and, Whereas, a condition of strict nec- essity has arisen; Now, Therefore, Be it Resolved by the City Coun- cil of the City of Dubuque: That the Manager and Clerk be and they are hereby directed to pre- pare and file with the Budget Di- rector of Iowa, as by law provided, an application for exemption from the provisions of Section One of the Conference Committee Amendment to Senate Substitute for Senate File 131, requesting therein that the City of Dubuque be relieved from the operation of said law in the tax levy for the Police Pension Fund in the year 1933, an emergency and strict necessity for such relief having arisen, and further requesting that said Budget Director fix a time and place for a public hearing at which such showing may be made and pre- scribe a notice of such hearing. Passed, adopted and approved this 26th day of May, 1933. M. R. KANE, Mayor. ED. McEVOY, ARDENAL THOMPSON, H. F. SCHUCKERT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Schuckert moved the adoption of the resolution. Second- ed by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Kane, Councilmen McEvoy, Schuckert, Thompson. Nays —None. Absent — Councilman Andelfinger. Resolution No. 32 -33 Whereas, the Forty -fifth . General Assembly of the State of Iowa en- acted the Conference Committee Amendement to Senate Substitute for Senate File 131, providing for the mandatory reduction of tax le- vies in the years 1933 and 1934, us- ing as a base for such reduction the rate of taxes levied for the several funds in the year 1930; and, Whereas, the Fire Pension Fund of the City of Dubuque is affected by the law aforesaid and a compli- ance with the same will result in a substantial decrease in the amount of money that will be available for said fund in the fiscal year 1934 be- low the sum actually needed to pay pensions to retired firemen, their widows and minor children, unless said fund for said `City of Dubuque is exempted from the application of the provisions of Section One of said law; and, Whereas, special provisions are made in said law for exemption from the application of its provis- ions under certain defined condi- tions, said conditions being that where the levy in 1930 for a partic- ular fund was low as compared with the levy for the same fund in any of the four years immediately pre- ceding or the year immediately fol- lowing, and where the levy in 1930 for such fund was low on account of the contemplated use of an ac- cumulated surplus or balance then on hand, and where strict necessity exists, then, and in such event, re- lief from the application of said law may be had by appeal to the Budget Director of the State of Iowa; and, Whereas, the tax levy for the Fire Pension Fund in 1930 was one and four hundredths mills (1.04), produc- ing the sum of Twelve Thousand Four Hundred Sixty -five Dollars and Thirty -nine Cents, ($12,465.39), on a taxable value of Eleven Million, Nine Hundred Eighty -five Thousand, Nine Hundred Forty -nine Dollars ($11,985,949.00) ; Whereas, in 1931 there existed on hand in said fund a surplus of Five Thousand Dollars, ($5,000.00), which reduced the tax requirements for said fund to such extent; and, Whereas, since 1931 the number of pensioners entitled to benefits from said fund has substantially in- creased and all surpluses of prior years have been exhausted and the amount necessary to pay such pen- sions during the fiscal year 1934 is estimated to be Sixteen Thousand Five Hundred Dollars, ($16,500,00), which sum cannot be realized by complyiing with the provisions of said law; and, Whereas, in order to produce the sum required for said pension fund during the fiscal year 1934 it is nec- essary that the City of Dubuque be relieved from the operation of said law in order that a millage levy be made sufficient to produce said sum of $16,500.00; and, Whereas, the milage levy of 1930 for said Fire Pension Fund was low as compared with the four preceding years because of the number of pen- sioners then receiving payments from said fund and, further, on ac- count of the contemplated use of the accumulated surplus then on hand; and, Whereas, a condition of strict necessity has arisen: Now, Therefore, Be it Resolved by the City Coun- cil of the City of Dubuque: That the Manager and Clerk be and they are hereby directed to pre- pare and file with the Budget Di- rector of Iowa, as by law provided, an application for exemption from the provisions of Section One of the Conference Committee Amendment to Senate Substitute for Senate File 131, requesting therein that the City of Dubuque be relieved from the operation of said law in the tax levy for said Fire Pension Fund for the year 1933, an emergency and strict necessity for such relief having arisen, and requesting further that said Budget Director fix the time and place for a public hearing at which such showing may be made and prescribe a notice of such hearing. Passed, adopted and approved this 26th day of May, 1933. M. R. KANE, Special Session, May 26th, 1933 Mayor. ED. McEVOY, ARDENAL THOMPSON, H. F. SCHUCKERT, Councilmen. Attest: J. J. SHEA, City Clerk. 123 Councilman Schuckert moved the adoption of the resolution. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas — Mayor Kane, Councilmen McEvoy, Schuckert, Thompson. Nays - -None. Absent — Councilman Andelfinger. Resolution No. 33 - 33 Whereas, the value of taxable property within the City of Dubuque has been reduced by order of the State Board of Assessment and Re- view and, as a result thereof, the Fire Maintenance Fund of said City for the year 1934 will be wholly in- sufficient to meet the estimated re- quirements of said fund unless an emergency tax is authorized to be levied by the Budget Director of the State of Iowa in sufficient amount to produce approximately the sum of Sixteen Thousand Nine Hundred Twenty -eight Dollars, ($16,928.00); and, - Whereas, this Council recognizes the existence of said anticipated emergency, and, in the interest of the public welfare and the protec- tion of life and property, deems it its duty to make adequate provisions for the operation of the Fire De- partment for the year 1934 and to that end to exercise its right to ap- ply to the Budget Director of the State of Iowa for authority to levy an emergency tax in 1933 for use in the year 1934; Now, Therefore, Be it Resolved by the City Coun- cil of the City of Dubuque: That the Manager and Clerk be and they are hereby directed to pre - pare and file with the Budget Di- rector of Iowa an application for authority to levy in the year 1933 an emergency tax of sufficient mill- age to produce the sum of $16,928.00, and request his approval therefore. Passed, adopted and approved this 26th day of May, 1933. M. R. KANE, Mayor. ED. McEVOY, ARDENAL THOMPSON, H. F. SCHUCKERT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Schuckert moved the adoption of the resolution. Second- ed by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Kane, Councilmen McEvoy, Schuckert, Thompson. Nays —None. Absent — Councilman Andelfinger. There being no further business, Councilman Schuckert moved to ad- 124 Special Session, May 26th, 1933 journ. Seconded by Councilman Thompson. Carried by the following vote: Yeas —Mayor Kane, Councilmen McEvoy, Schuckert, Thompson. Nays —None. Absent— Councilman Andelfinger. J. J. SHEA, City Clerk. Approved 1933. Adopted ....._._........._. ....._...._._ 1933. Councilmen: Attest: City Clerk. Regular CITY COUNCIL (Official.) Regular Session, June 5th, 1933. Council met at 7:35 P. . Present —Mayor Kane, Councilmen Andelfinger, McEvoy, Thompson, City Manager Evans. Absent— Councilman Schuckert. Mayor Kane stated that this is the regular monthly meeting of the City Council for the transaction of any such business as may properly come before the meeting. Petition of B. G. Pierce, per W. F. Cooper, applying for the continu- ance of permit to operate a roller skating rink on the open lot on southeast corner of Third and Lo- cust Streets presented and read. Councilman McEvoy 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 Thompson. Car - ried by the following vote: Yeas — Mayor Kane, Councilmen Andelfinger, McEvoy, Thompson. Nays —None. Absent — Councilman Schuckert. Councilman Schuckert entered the Council Chamber and took his seat at 7:40 P. M. Mr. W. F. Cooper addressed the Council requesting that the prayer of the petition of B. G. Pierce to operate a roller skating rink on the vacant lot at Third and Locust Streets be granted. Councilman Thompson moved to refer the petition to the Council. Seconded by Councilman McEvoy. Carried by the following vote: Yeas — Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert, Thompson. Nays —None. Petition of James Waddick et al. remonstrating against the granting of a permit to operate a roller skat- ing rink on the vacant lot at Third and Locust Streets presented and read. Councilman Thompson moved to refer the petition to the Council. Seconded by Councilman McEvoy. Carried by the following vote: Yeas — Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert, Thompson. Nays —None. Petition of Francis Maloney et al. requesting that the prayer of the petition of B. G. Pierce, to operate a roller skating rink on the vacant lot at Third and Locust Streets, be granted, presented and read. Councilman Thompson moved to refer the petition to the Council. Session, June 5th, 1933 125 Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Kane, Councilmen. Andelfinger, McEvoy, Schuckert, Thompson. Nays —None. Proof of publication, certified to by the publishers, of notice of inten- tion of City Council to construct a permanent sidewalk in front of and abutting Lot 1 of 1 of Mineral Lot 46, on the east side of South Grand- view Avenue, presented and read. Councilman Schuckert moved to receive and file the proof of publi- cation. Seconded by Councilman Thompson. Carried by the following vote: Yeas —Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert, . Thompson. Nays —None. Proof of publication, certified to by the publishers, of notice to side- walk contractors of the receipt of bids for the construction of perm- anent sidewalk in front of and abut- ting Lot 1 of 1 of Min. Lot 46 on the east side of South Grandview Avenue, presented and read. Councilman Schuckert moved to receive and file the proof of publi- cation. Seconded by Councilman Thompson. Carried by the following vote: Yeas — Mayor Kane, Councilmen Andelfinger, McEvoy, Schuckert, . Thompson. Nays —None. June 5, 1933. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: In accordance with your instructions and our advertise- ment, bids were received at 10:00 A. M. Monday, June 5, 1933, for the construction of a concrete sidewalk along the east side of South Grand- view Avenue abutting Lot 1 of Lot 1 of Mineral Lot 46. I am attaching hereto a tabulation sheet showing the unit price and total price bid and respectfully recommend that the contract for the construction of said sidewalk be awarded to Fred Fichter as his bid was the only one received. Yours very truly, R. M. EVANS, City Manager. TABULATIONS OF PROPOSALS For the construction of a concrete sidewalk along the east side of South Grandview Avenue abutting Lot 1 of Lot 1 of Mineral Lot 46. Proposals opened at 10:00 A. M., June 5, 1933. Fred Fichter — Concrete side- walk 5 ft. wide, 4 in. thick, 675 sq. ft., at 14c $ 94.50 City Engineer's Estimate 101.25 Under ( —) $ 6.75