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1932 May Council ProceedingsCITY COUNCIL (Official) Regular Session, May 2nd, 1932. Council met at 7:50 p. m. Present —Mayor Andelfinger, Coun- cilmen Kane, McEvoy, Schuckert, Thompson, City Manager Evans. Mayor Andelfinger stated that this is the regular monthly meeting of the City Council for the transaction of such business as may properly come before a regular meeting of the City Council. Communications of Dubuque Traf- fic Association, The Adams Company and The White House Biscuit Com- pany objecting to the passage of the proposed ordinance restricting the maximum weight and length of trail- ers and semi - trailers upon the streets of the City of Dubuque; prohibiting the use upon said streets of trailers and semi - trailers exceeding such re- stricted weight and length limita- tions; repealing all ordinances or parts of ordinances in conflict here- with; declaring an emergency to exist; and providing penalties for the violation hereof presented and read. Councilman McEvoy moved to re- ceive and file the communications. Seconded by Councilman Thompson. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Schuckert, and Thompson. Nays —None. Communication of Mississippi Val- ley Shippers' Conference stating that a meeting of the National Rivers and Harbors Congress has been called to meet in Chicago, Ill., on June 13th. and 14th. for to formulate plans to resist the organized efforts which threaten to impair or cause the abandonment of the entire national system of waterways and requesting the City Council to join in having this meeting held in the early part of May instead of the dates as sug- gested presented and read. Councilman McEvoy moved to re- fer the communication to the City Manager. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Schuckert and Thompson. Nays None. Petition of Rudolph Hansen re- questing that the City accept the sum of $17.74 as full payment of the second assessment levied against his property for the paving in front of his property at 1906 North Main Street presented and read. Councilman Schuckert moved to refer the petition to the City Soli- Regular Session, May 2nd, 1932 99 citor for investigation and report. Seconded by Councilman Thompson. Carried by the following vote: Yeas — Mayor Andelfinger, Council- men Kane, McEvoy, Schuckert and Thompson. Nays —None. Renewal certificate on the bond of John W. McEvoy, Superintendent of City Water Works, in the sum of $5,000.00 presented. Councilman Schuckert moved that the renewal certificate be received and placed on file. Seconded by Councilman Thompson. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Schuckert and Thompson. Nays —None. May 2, 1932 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: In connection with the authorized settlement in reduction of assess- ments for land owned by Dr. C. W. Powers between Bennett and West Third Streets, please be advised that we attach hereto two copies of the agreement which has been approved by Dr. Powers and is in line with the last instructions by Council and meets with the City Solicitor's ap- proval. We suggest that the settlement be spread on the Council minutes and one copy be submitted to the Trea- surer with instructions to revise the special assessments accordingly. Yours very truly, R. M. EVANS, City Manager. April 11, 1932. Dr. C. W. Powers, Dentist, 8th & Locust Streets, Dubuque, Iowa. Dear Sir: At a special meeting held March 29, 1932 the City Council of Du- buque, Iowa, reduced your assess- ments for certain improvements assessed to your property between Bennett and West Third Streets and designated South 192.49 feet of Lot 25 and North 135 feet of Lot 25 as follows : — Improvement of paving Bennett St., North 135 ft.— original assess- ment, $242.70; revised assessment, 0.00; portions assumed by the City, $242.70. Improvement of paving Bennett St., South 192.49 ft.— original assess- ment $9.11; revised assessment, 0.00; portions assumed by the City, $ 9.11. Improvement of gas connection, Bennett St. — original assessment, $14.98; revised assessment, 0.00; portions assumed by the City, $14.98 MMI 100 Regular Session, May 2nd, 1932 Improvement of gas connection, Bennett St. — original assessment, $14.98; revised assessment, 0.00; portions assumed by the City, $14.98. Improvement of Sewer and water connections, Bennett St. — original assessment, $12.22; revised assess- ment, 0.00; portions assumed by the City, $12.22. Improvement of Sanitary sewer, Bennett St. — original assessment, $170.77; revised assessment, $170.77; portions assumed by the City, 0.00. Improvement of sanitary sewer, West 3rd St.— original assessment, $248.66; revised assessment, $229.23; portions assumed by, the City, $19.43. Improvement of concrete sidewalk, Bennett St. — original assessment, $62.46; revised assessment, 0.00; portions assumed by the City, $62.46. Totals — Original assessment, $775.88; revised assessment, $400.00; portions assumed by City, $375.88. It is understood that the City of Dubuque assumes $375.88 of your original total assessments and that interest on the previous assessments has been cancelled up to March 29, 1932. You are to pay interest at the rate of five (5 %) per cent on the adjusted amount of $400.00 from and after March 29, 1932. Your $400.00 adjusted total is to be paid with interest by you in eight (8) annual installments beginning March 31, 1933 and ending March 31, 1940, which last date is the last day for settlement of the West Dubuque sanitary sewer system. The above mentioned reduction of assessments by Council is further conditioned upon your previous ver- bal offer to deed to the City of Du- buque, without compensation, a strip off the south end of Lot 25 twenty - five (25) feet in width for the- approx- imate distance of 137.94 feet, which area is now within the lines of West Third Street and needed for street purposes by the City. Hoping that this adjustment and agreement is now acceptable to you and if so, that you will return at once this original copy, I am, Yours very truly, R. M. EVANS, City Manager. April 29, 1932. Acceptance The adjustment of assessments originally $775.88, reduced to $400.00 is satisfactory to me. I will deed to the City of Dubuque, Iowa, a strip 25 feet wide off the south end of Lot 25, approximately 137.94 feet along and entirely within the street lines of West Third Street. Signed: C. W. POWERS. Witness: E. JANKELWITZ. Councilman Schuckert moved that the report of the City Manager be received and made a matter of record and the spreading of the adjust- ments of the special assessments be deferred till Deed is secured from Dr. Powers and that a warrant in the sum of $375.88 be ordered drawn on the General Fund in favor of the Special Bonded Fund to cover the amount of assessments to be borne by the City of Dubuque. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Schuckert and Thompson. Nays —None. May 2, 1932. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have ap- proved the following policies and de- sire to have your approval on same for filing: SIGNS Interstate Finance Corp., 1020 Central Avenue; Policy No. O.L. &T. 432374, Continental Casualty Co. Fuhrman Triller Co., 905 Central Avenue; Policy No. G. L. 239749, Hartford Accident & Indemnity Co. Mary Callaghan, 280 Main Street; Policy No. L.O.L. 316929, New Am- sterdam Casualty Co. Lester G. Wendt, 142 W. 9th St.; Policy No. YR 4092, London Guaran- tee & Accident Co. EXCAVATION Philip BreithauPt, 2120 Washing- ton Street; Policy No. 05413, Employ- ers Mutual Casualty Co. Yours very truly, R. M. EVANS, City Manager. Councilman Schuckert moved that the policies be approved and placed on file. Seconded by Councilman Thompson. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Schuckert and Thompson. Nays —None. April 29, 1932. Mr. J. J. Shea, City Clerk, Dubuque, Iowa. Dear Sir: This is to advise that City Council met in special session at 5:00 p. m. April 28th with the following mem- bers present: Councilmen Kane, Mc- Evoy, Schuckert and Thompson. Absent: Mayor Andelfinger. The Council viewed the property of Mrs. Minnie Miller including Lots 68, 69, 70, 71 and 72 of McDaniels Park Hill Addition on Burlington Street in line with the request made by said Minnie Miller verbally April Regular Session, 4, 1932. The request included a plea for reduction in sanitary sewer assessments as billed and assessed in 1931. The Council unanimously decided that no reduction in the assessments was to be made. Yours very truly, R. M. EVANS, City Manager. Councilman Schuckert moved that the report be approved. Seconded by Councilman Kane. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Schuckert and Thompson. Nays —None. April 29, 1932. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: On April 4, 1932, a petition for the paving of Kleine Street from Kaufman Avenue to Klingenberg Terrace was received by City Coun- cil and referred to the Council to view the ground. At the special meeting of Council on April 26th the petition was received and read for the paving of Chappell Court. Chap- pell Court starts from the west side of Kleine Street and runs westward- ly one block. This petition was also referred to Council to view the ground. At a special meeting April 28th, at which Councilmen Kane, McEvoy, Schuckert and Thompson were pre- sent, with Mayor Andelfinger absent, the City Council viewed both Chap- pell Court and Kleine Street, con- sidered the petitioners for and against the improvement, and unan- imously decided to proceed with the paving of both Kleine Street and Chappell Court. Kleine Street is to be paved 26 feet wide, allowing 2 feet greater parking space on both sides than is in existence at the present time with the stone curbs in place, which are to be removed. The width of paving on Chappell Court is to be 18 feet. We attach herewith the petition and remonstrance on Kleine Street, together with the petition on Chap- pell Court. Yours very truly, R. M. EVANS, City Manager. Councilman McEvoy moved that the report be approved. Seconded by Councilman Kane. Carried by the following vote: Yeas — Councilmen Kane, McEvoy, Schuckert and Thompson. Nays —None. Mayor Andelfinger not voting. May 2nd, 1932 101 April 27, 1932. Mr. J. J. Shea, City Clerk, Dubuque, Iowa. Dear Sir: Kindly present the following deci- sions to City Council at the meeting of May 2nd for confirmation. These matters were discussed at a special informal meeting on April 26th. Request of John Utzig that he be allowed to redeem tax sale eertifr cate held by the City on Lot 1 Sub. 574 Hams Add. in the sum of $25.76 was authorized by City Council to be redeemed at face, plus 5% interest. The following requests for can- cellation and suspension were de- nied: Request from Mrs. Mary Benda to cancel 1924, 1925, 1926, 1927, 1928, 1929 and 1930 taxes on Lots 432, South 3 ft. of 431 and North 1 / 2 of 433, East Dubuque Addition. Request from Elsie Gartner for suspension of taxes on Lots 1 and 2 of Sub. of Lot 1 of 1 Hamburg Add. assessed to Anton Hoell Est. Request from Sam Polksy for can- cellation of 1931 tax on Lot 306, East Dubuque Addition. Request from Effie Munger for sus- pension of taxes on Lots 43 and 44 McDaniels Park Hill Addition. Request from Mrs. Amelia Spiegel - halter for cancellation of taxes on Lot 27 A Stines Add. Request from Geo. B. Miller for cancellation of taxes on Lot 218 Fin- ley Addition and Lot 1 of 219 Finley Add. Request from Mrs. Kate Vorn- schlay for cancellation or suspen- sion of taxes on South 1 /z of Lot 764 A. McDaniels Sub. The following requests were or- dered suspended by the City Coun- cil: A. G. Oneyear, Lot 2 Sub. of Min- eral Lot 11. Geo. Heil, North Langworthys Add. Kate Powers, Lot 92, East Du- buque Addition. Louis and Clara Strain, Fossel- man's Sub. South 35 ft. of Lot 6. Joseph McCeney, Lots 3, 4 and 5 Wm. Blakes Add. Lincoln Weber, Pleasant View Add. Lot 90 and Sub. 34 Buseman's Sub. No. 1 North 90 ft. of Lot 1. Mrs. Ann Enright, West 10 ft. of Lot 47 and Lot 48 of Union Add. The petition addressed to Board of Supervisors and forwarded"to City Council by Bridget Brunskill of 2008 Foye Street requesting a reduction in valuation from $2,000 to $800 on the East 24 ft of Lot 22 Cox's Add. was determined by the City Council to have been addressed to the wrong body. Council has no authority in 1 /2 of Lot 27 E. 102 Regular Session, May 2nd, 1932 this matter and the petition was ordered returned to the Supervisors. Yours very truly, R. M. EIVANS, City Manager. Councilman McEvoy moved that the report be approved and the Board of Supervisors to be notified of the action of the City Council. Seconded by Councilman Thompson. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Schuckert and Thompson. Nays —None. Petition of Dubuque Community Chest requesting permission to erect posters on light posts announcing the Community Chest Campaign which will be conducted May 16th to May 21st presented and read. Councilman Thompson moved to grant the prayer of the petition. Seconded by Councilman Kane. Car- ried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Schuckert and Thompson. Nays —None. Notice of Claim of Elizabeth B. Grabow in the sum of $75.00 for per- sonal injuries sustained in falling on icy walk in front of St. Columb- kill's Church presented and read. Councilman Schuckert moved to refer the Notice of Claim to the City Solicitor. Seconded by Councilman Thompson. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Schuckert and Thompson. Nays —None. Petition of August F. Becker, re- ferred to the City Council by the Board of Supervisors, requesting the cancellation of the last half of the 1931 tax on Lot 30 Glendale Addi- tion presented and read. City Soli- citor Czizek recommending that the prayer of the petitioner be denied. Councilman McEvoy moved that the recommendation of the City Soli- citor be approved and the Board of Supervisors be notified of the action of the City Council. Seconded by Councilman Kane. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Schuckert and Thompson. Nays —None. Petition of Mrs. Hubert Meissen, referred to the City Council by the Board of Supervisors, requesting the suspension of the 1931 tax on Lot 327 East Dubuque Addition present- ed and read. Councilman Schuckert moved to refer the petition to the City Solici- tor for investigation and report. Sec- onded by Councilman McEvoy. Car- ried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Schuckert and Thompson. Nays —None. Petition of Mrs. George Metcalf et al requesting the City Council to purchase the Powers property located on Bennett and West Third Streets for playground purposes pre- sented and read. Councilman Schuckert moved to refer the petition to the Council to view the grounds. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Schuckert and Thompson. Nays —None. Petition of Chas. H. Agard et al requesting the City Council to pur- chase the Nick Welbes Field for park playground and athletic field presented and read. Councilman Schuckert moved to refer the petition to the Council to view the grounds. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Schuckert and Thompson. Nays —None. Proof of publication, certified to by the publishers, of the notice to bid- ders for new motor pickup sweeper on. basis of trade in on present City Elgin Sweeper presented and read. Councilman Schuckert moved to receive and file the proof of publica- tion. Seconded by Councilman Mc- Evoy. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Schuckert and Thompson. Nays —None. May 2, 1932. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Attached is a notice to bidders for the purchase of a motor pickup sweeper. This notice was run in the Dubuque Telegraph- Herald April 14 and 15 in compliance with instruc- tions at the meeting of April 11th. This is to advise that today, in strict compliance with the notice to bid- ders, the following proposals were received on a motor pickup sweeper: The Elgin Corporation of Elgin, Illinois quoted on one new Model Elgin D Sweeper f. o. b. Dubuque, $6,500.00, trade -in allowance on pre- sent Elgin City Sweeper $300.00, with an additional $130.00 allowance for cash within thirty days, net price $6,070.00. As the alternate plan (B) Regular Session, in our proposal, they offer to permit the City of Dubuque to pay within ten days from receipt of said ma- chine in good condition $2,166.66, with a deferred payment one year from date of delivery $2,166.66 and the second deferred payment two years from date of delivery $2,166.66, or a total price of $6,499.98. It is further stipulated that the City of Dubuque is permitted to keep the present Elgin Sweeper as long as is desired by the City. The further sti- pulation offers to donate to the City a new belt to replace the present broken belt for the old Elgin free of cost. The selling price of this belt is $230.00. It is felt that this propo- sition cannot be considered with the bid of the Elgin Company inasmuch as it was not requested in the notice to bidders. It is further felt that to try to repair and maintain the old machine is useless. The second bid was received from the Austin-Western Road Machinery Company of Chicago, Illinois. They propose to deliver to the City one new 1932 four wheel Austin Motor Sweeper for $6,500.00. The trade -in allowance on the present Elgin Sweeper is $500.00, with a further 2% discount, amounting to $130.00 if cash is paid for the entire trans- action within thirty days, making a net cash price of $5,870.00. On the lease plan they offer to deliver to the City said machine on the basis of $2,130.00 payable within thirty days from delivery and on April 10, 1933 a further payment of $2,130.00 and on April 10, 1934 a further payment of $2,130.00, making a total deferred payment of $6,390.00. This bid also includes the stipulation that the City of Dubuque is permitted to keep pre- sent Elgin Sweeper as long as is desired by City. You will note that the Austin Ma- chine is $109.98 cheaper on the de- ferred payment plan and is $200.00 cheaper on the cash plan. It is re- commended that the deferred or lease plan be adopted in the consid- eration of purchase of either ma- chine. It is felt that both machines have been improved since the time of the use of each by the City of Dubuque. The writer will be glad to go into details of comparison prior to pur- chase of this equipment, which is badly needed, and it is hoped that a decision can be reached this eve- ning. Yours very truly, R. M. EVANS, City Manager. Councilman Thompson moved to suspend the rules for the purpose of allowing any one present in the May 2nd, 1932 103 Council Chamber to address the Council. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Schuckert, and Thompson. Nays —None. Mr. Anderson representative of El- gin Sweeper and Mr. Marshall repre- sentative of Austin Sweeper address- ed the Council. Resolution No. 25-32 Be It Resolved by the City Council of the City of Dubuque that a con- tract of lease be entered into by and between the City of Dubuque and the Austin - Western Road Machinery Co. for one Motor Pick -up Street Sweep- er in accordance with the form thereof prepared by the City Soli- citor for the sum of $6390.00. Be it further resolved that this Resolution and Contract of Lease remains on file for public inspection together with the specifications therefor, for at least one week before final adop- tion, approval and execution. Passed, adopted and approved and ordered placed on file this 2nd. day of May, 1932. Councilman Kane moved that the resolution be approved and placed 011 file for public inspection. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Schuckert and Thompson. Nays — None. Petition of C. Chapman et al re- questing the City Council to order the painting at the Ball Park done by hand and by Dubuque Painters instead of using a spray machine presented and read. City Manager Evans recommended that painters be hired instead of us- ing the spray machine. Councilman McEvoy moved that the recommendation of the City Manager be approved. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Schuckert and Thompson. Nays —None. May 2, 1932. CERTIFLCATE OF CITY MANAGER To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The undersigned hereby certifies that the contract for the construction of permanent sidewalks in front of and abutting upon the following de- scribed real estate, namely the East 107.94 feet of north 135 feet of Lot 25 Ann O'Hare's Subdivision, width 14t14@r artier i qr ig the 9Y9 aaift paseijai P1 09g14 be 4is40ed or eease t by n peer of an olrg zed na,sebail 1pagnei pr in the earyept that said lessee shall violate any of P14 the tennis d conditions Pt his agr.e tlxen and 'ig that event This contract of Lease shall pp auto- matically and immediately termin- ated and ended and all rights here- under. shall be aliiiulled without any formal action of forfeiture by the lessor or surrender by tl }e lessee. 4th. It is agreed and un_der Ilia the lessor sltal1 carry a public liability insurance policy upon the leased premises in a sum not less than Fifty T li o n s a n d Dollars, ($50,000) to be det,ermined by the lessor, but the premium for such pol- icy shall be divided between the parties hereto and paid equally by them. This agreement is made in dupli- cate and is executed on behalf of the City of Dubuque by the Mayo}' and Clerk thereof under authority of t1}e City Cpupcil of said .City. Dated at Dubuque Iowa, this 2nd day of May, 1932. CITY OF DUBUQUE. By M. B. ANDELFINGER, Mayor. By J. J. SHEA, Reulpr Sess},on Clerk. DUEI79UQ11 B,ASFBAL1, FANS A B_ y ED. G. FAJRFIEIP, cretar Cpunciinlan McEvoy mov that the Contract of Lease be apprpyed and the Mayor and City Clerk be authorized to execute same in behalf of the City of Dubuque. Seconded by by C the ou owing Tlvote: mopson. Carried Yeas — Mayor Andelfinger, Council- men Kane, McEvoy, Schuckert and Thompson, Nays— IYpne. Verbal report of City Solicitor Czizek on petition of Lillian L. Har- gis requesting suspension or can - cellation of the 1931 tax on Lot 1 of 1 of 1 of City Lot O67, presented with no recommendation. Councilman Kane moved that a suspension of the 1931 tax be rant- ed and the Board of Supervisors be notified of the action of the City Council. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Schuc ert and Thompson. Nays —None. Yerpai report of City Solicitor Czizels recommending the settlement o t he Claim of Dennis Q'Malia in the sum of $50.00 for injuries sus- Ms IT 211d, 1-W2 105 tained in falling pn icy walk on Weft Ttijgd §t rat pre §anted. 1CP1n4Gilman I (gn@ moved that the recommendation of the City Solicitor be approyed and warrant in the ,sum of $50.00 ordered drawn on the Clty Treasurer iii settlement of the Claim pf Dennis O'14alia. Seconded py Councilman McEvoy. Carr_ ied by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Schuckert and Thomp Nays —None. Mak Berk addressed the Council requesting that the Pawn Brokers license be reduced to $50.00 per year. No action taken. Mr. Brown addressed the Council requesting permissipn to place pop corn wagon' under the steps on the southeast corner of Ninth & Main Streets as he has peen ordered to yacate from the present location. No action taken. There being no further business Councilman Schuck ert moved to ad- journ. Seconded by Councilman Thompson. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, 'McEvoy, Schuckert and Thompson. Nays —None. J. J. SHEA, City Clerk. 1932. Approved Adopted Councilmen: 1932. ;® 1-04 IZpgula1' Session, MAX 2114, 1932 118cessarY tg po liigdg between Of walir tour feet, P. W. P91Yers, owner; Eot G Bayis Subdivision, width Qt walls, our feet, J94 p. Conway, owner, Fred Fichter, cop - tractor, has been completed. I further certify that this work has been done in accordance with the plans and specifications and stipula- tions of the contract and I would therefore recommend its acceptance by the Councii. Respectfully submitted, R. M. EWANS, City Manager. Resolution No. 26 - 32 Resolution accepting improvement and directing the Clerk to publish notice of the levy of special assess- ment for the construction of perma- nent sidewalks in front of and abut- ting the East 107.94 feet of North 136 Feet of Lot 25 Ann O'Hare's Sub and Lot 6 Davis Sub., presented and read. - Councilman Schuckert moved the adoption of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas— Mayor Andelfinger, Council- men Kane, McEvoy, Schuckert and Thompson. Nays —None. Contract of Lease A contract of lease is hereby en- tered into by and between the City of Dubuque, owner of the Municipal Athletic Field, hereinafter referred to as the lessor, and Dubuque Base- ball Fans Association, owner of the Dubuque Baseball Club, hereinafter referred to as the lessee under the following terms and conditions: In consideration of the mutual promises and agreements herein con- tained the parties hereto have and do hereby agree among themselves as follows: 1st. The lessor hereby grants to the lessee the right to the use of the Municipal Athletic Field during the baseball playing season commencing on May 14th and ending on Septem- ber 15th. in each year for a period of three years beginning with the year 1932 and ending on September 15, 1935, and for such privilege said lessee agrees as follows: A. To cause to be made at its own expense all improvements and repairs upon the playing field. B. To maintain at its own ex- pense in good condition and repair all electrical equipment, fixtures and appurtenances, during the times pro- YON for herein and to pay all charges for electrical current used in connection therewith, it being un- derstood that said lessee shall pay all expenses for repairs, adjust- ments etc. of such equipment as may a 1st, apil September 16111. in eac year. P. The $upietting of said premises during the periods herein provided for shall be under the joint control of the parties hereto so that, when- eYer it is prgPPsed to sublet said premises to others for the holding and giving of exhibitions, attrac- tions or events, the fees to by charged therefore shall be mutually agreed upon by the Manager of the lessor, representing the City of Du- buque, and the lessee herein. The City shall receive, as its share of the fees thus charged a sum equal to twenty -five percent of the gross fees thus exacted and the lessee shall receive seventy -five per cent of such fees. It is anticipated that, during the term of this lease, the use of said premises may be desired by civic, .patriotic, and similar organizations for the holding of exhibitions and events at times when the baseball club of the lessee is not playing scheduled or exhibition games. As to such organizations the lessor re- serves the right to grant to them the use of said premises free of charge, except always that all expenses inci- dent to such use, including the re- storation of the premises in a good condition as when received, shall be paid by such parties to whom this privilege may be extended. D. It shall permit other baseball clubs of the City (i.e. clubs playing with regulation hard baseballs) to use said premises in the daytime without charge therefore, if no ad- p)ission fee is charged by such clubs for such games. If such games are to be played at night, then the lessee shall exact such a fee in advance as vigil cover all expenses incident thereto. Should such clubs, how ever, e xact an admission fee to such games then the lessee shall have the right to demand not to exceel ten per pent of the gross receipts taken in at such games, plus whatever ex- pense which may be incident to the use of such premises, if such games are played at night. In any event the lessee shall provide such clubs with bases for use in such games. 2n4. It is agreed between the parties hereto that whatever im- provements, additions or repairs are Made upon the premises by the lessee during the term of this lease shall, upon the expiration or termina- tion of the same, be and become the property of the lessor and the Same shall not be removed from the leased premises by said lessee. 3rd. In the event that the base- ball club, owned and operated by the lessee should be sold or the rights or interest therein transferred to Petition of Julia Clark, referred to the City Council by the Board of Supervisors, requesting suspension of the 1931 tax on Lot 3 and 1 /Z of Lot 4 of City Lot 682 presented and read. Councilman Schuckert moved to refer the petition to the City Soli- citor for investigation and report. Seconded by Councilman Thompson. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Schuckert and Thompson. Nays —None. Petition of Chas. Kulow Sr., re- ferred to the City Council by the Board of Supervisors, requesting the cancellation of the 1931 tax on S. E. 134 feet of Lot 35 Glendale Addi- tion, presented and read. Councilman Schuckert moved to refer the petition to the City Solici- tor for investigation and report. Seconded by Councilman Thompson. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Schuckert and Thompson. Nays —None. Petition of Adolph and Louise Fischer, referred to the City Council by the Board of Supervisors, re- questing the cancellation of two - thirds of the 1931 tax on Lot 1 of 365, N. 11 ft. of Lot 1 of 366 and Lot 1 of 2 of 367 Hams Addition, pre- sented and read. Councilman Schuckert moved to refer the petition to the City Soli- citor for investigation and report. Seconded by Councilman Thompson. Carried by the following vote: Yeas —Mayor Andelfinger, .Council- men Kane, McEvo Schuckert and Thompson. Nays —None. Petition of Andrew Angelos re- questing that he be granted a free license to peddle ice - cream, pop -corn, peanuts, etc., presented and read. Councilman Schuckert moved to refer the petition to the Council. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Schuckert and Thompson. Nays —None. Communications of Senator S. W. Brookhart and Representative T. J. B. Robinson stating that no delay was anticipated in the building of the new Post Office at Dubuque, Iowa, as bids would be received read. about July 1st., 1932, presented and Councilman Schuckert moved to receive and file the communications. Seconded by Councilman Kane. Car- ried by the following vote: Yeas —Mayor Andelfinger, Council- Special Session, May 9th, 1932 men Kane, McEvoy, Schuckert and Thompson. Nays —None. Communication of The National Rivers and Harbors Congress stat- ing that it is impossible to change the dates of the meeting from June 13th and 14th, 1932, to an earlier date presented and read. Councilman Thompson moved to receive and file the communication. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Schuckert and Thompson. Nays —None. Petition of The Salvation Army requesting permission to hold a tag day on Saturday, June 6th, 1932, presented and read. Councilman McEvoy moved to grant the prayer of the petition. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Schuckert and Thompson. Nays —None. Petition of Dubuque Community Chest requesting permission to hold a tag day on May 21st., 1932, pre- sented and read. Councilman McEvoy moved to grant the prayer of the petition. Seconded by .Councilman Schuckert. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Schuckert and Thompson. Nays —None. Notice of Suit of Tillie Gordon in the sum of $1000.00 for injuries sus- tained in falling on icy walk in front of No. 480 East 14th. Street, present- ed and read. Councilman Schuckert .moved to refer the Notice to the City Solicitor. Seconded by Councilman Thompson. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Schuckert and Thompson. Nays —None. Resolution No. 27 -32 containing decision of Council upon objections to plans, specifications, form of con- tract and cost of improvement for the construction of a six inch sani- tary sewer in the alley between Lin- coln Avenue and Rhomberg Avenue from the manhole 200 feet south of Shiras Street to a point about 25 feet north of Shiras Street presented and read. Councilman Schuckert moved the adoption of the resolution. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Andelfinger,-Council- men Kane, McEvoy, Schuckert and Thompson. 106 Special Session, May 9th, 1932 CITY COUNOIL (Official) Special Session, May 9th., 1932. Council met at 7:50 p. m. Present —Mayor Andelfinger, Coun- cilmen Kane, McEvoy, Schuckert, Thompson, City Manager Evans. Meeting called by order of .Council- men Kane and McEvoy. NOTICE AND CALL OF SPECIAL MEETING OF CITY COUNCIL To: Martin Andelfinger, Mayor; and Councilmen: Ed. McEvoy, M. R. Kane, H. F. Schuckert, Ardenal Thompson. You are hereby notified and there is hereby called a special meeting of the Council of the City of Dubuque to be held in the Council Chamber at the City Hall on May 9th., 1932 at 7:30 o'clock p. m. At this meeting there will be in- stituted proceedings for the issuance of Ninety Thousand Dollars ($90,000) sewer bonds of the City of Dubuque and presented a Resolution entitled "A Resolution to fix a date of meet- ing at which it is proposed to take action for the issuance of Ninety Thousand Dollars, ($90,000) sewer bonds ". At such meeting there will be transacted any other business that may properly come before a regular meeting of the Council. Dated at Dubuque, Iowa, this 9th day of May, 1932. M. R. KANE, ED. McEVOY, Councilmen. Proof of publication, certified to by the publishers, of the list of claims for which warrants were drawn dur- ing the month of March, 1932, pre- sented and read. Councilman Schuckert moved to receive and file the proof of publica- tion. Seconded by Councilman Mc- Evoy. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Schuckert and Thompson. Nays —None. Communication of W. C. Toner and Lowell Watkins with attached questions desiring the Council to answer and requesting that same be made a matter of record as to the leasing of public parks or lands, as to the use of public funds for im- proving said public parks and lands, as to the use of City employees and equipment on such parks and lands when said public park or lands is leased to a Corporation when a mem- ber of said Council is a stockholder and president of said corporation, as to the City charging an admission to a park or lands leased to private cor- poration, as to the City refusing ad- mission to a public park, presented and read. Councilman McEvoy moved to re- ceive and file the communication. Seconded by Councilman Kane. Car- ried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Schuckert and Thompson. Nays —None. Petition of Margaret M. Born re- questing the City Council to grant her relief from the assessment levied against her property in Mich - el's Sub., this to include both special assessments and regular tax, pre- sented and read. Councilman McEvoy moved to sus- pend the rules for the purpose of allowing any one present in the Council Chamber to address the Council. Seconded by Councilman Schuckert. Carried by the following vote: • Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Schuckert and Thompson. Nays —None. Mrs. Millin addressed the Council relative to the petition of Margaret M. Born. Councilman McEvoy moved to re- fer the petition to the Council for consideration. Seconded by Coun- cilman Schuckert. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Schuckert and Thompson. Nays —None. Petition of Jolm C. Cullen request- ing the Council to purchase Cullen's Subdivision for playground purposes presented and read. Councilman Thompson moved to receive and file the petition. Sec- onded by Councilman Kane. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Schuckert and • Thompson. Nays —None. Petition of Dubuque Paper & Sup- ply requesting permission to con- nect their Sprinkler System with the Ninth Street Engine House, pre- sented and read. City Manager Evans recommended that the prayer of the petition be granted. Councilman McEvoy moved that the recommendation of the City Manager be approved. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Schuckert and Thompson. Nays —None. Fred Messing, 80. Wm. A. Reiser, 80. Franklin L. Atkinson, 77%. Leo J. Sullivan, 75%. Chas. J. Higgins, 74%. Mervin A. Flick, 73 POLICE DEPARTMENT Hugh Callahan, 95 John T. Donahue, 94%. Clarence Oswald, 92 Wm. A. Trentz, 90%. Hugh V. Coffee, 90. Milton Tonneson, 87. Fred W. Voels, 78. L. A. Schlickman, 76 Emmet R. Kennedy, 71. Raymond A. Stoltz, 70. Respectfully submitted, E. J. RYAN, Chairman. J. E. ERNSDORFF, R. L. WOODWARD, Commissioners. A. E. SIGMAN, Secretary. Subscribed and sworn to before me this 9th day of May, 1932. . JOHN J. SHEA, Notary Public. Councilman Schuckert moved that the report be received and made a matter of record. Seconded by Coun- cilman Thompson. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Schuckert and Thompson. Nays —None. May 9, 1932. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that an emer- gency examination for promotion to captain on the Fire Department was held April 4, 1932, the previous eli- gible list adopted April 6, 1931 hav- ing been depleted. The following is a list of those who passed the examination with an average of 70 or better: John L. Stafford, 100. Al. Brewer, 90. W. Kinsella, 85. Respectfully submitted, E. J. RYAN, Chairman. J. E. ERNSDORFF, R. L. WOODWARD, Commissioners. A. E. SIGMAN, Secretary. Subscribed and sworn to before me this 9th day of May, 1932. JOHN J. SHEA, Notary Public. Councilman Schuckert moved that the report be received and made a matter of record. Seconded by Councilman Thompson. Carried by the following vote: Special Session, May 9th, 1932 109 Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Schuckert and Thompson. Nays —None. May 3, 1932. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Mr. F. W. Coates today called at- tention to the fact that Fischer & Co., Inc. had furnished a bond on the sidewalk on both Fourth and Lo- cust Streets at the present Newkirk Garage. Mr. Coates advises that the premium on this bond has not been paid for since May, 1929. He further believes that at one time Council had considered the cancellation of this bond, but can find no mention on the official City records of such cancellation. He now requests that the bond be cancelled. Mr. Coates further advised that Fischer & Co. would be willing to continue the bond if the same pro- cedure had been followed toward similar sloping sidewalks and ap- proaches to other properties of the City, but inasmuch as this has not been required by Council, it is now desired that bond be cancelled. Yours very truly, R. M. EVANS, City Manager. Councilman Schuckert moved that the matter of furnishing a bond to cover liability on the walk be re- ferred to the City Manager to com- municate with the owners of this property as to the furnishing of a personal bond to cover the liability. Seconded by Councilman Thompson. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Schuckert and Thompson. Nays —None. April 29, 1932. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Further in connection with your instructions to investigate all appli- cants who have thus far been grant- ed a free license to peddle fruit and vegetables, please be advised that in the case of Mr. Arthur Apel, World War Veteran, that at the meeting of February 23, 1932, Mr. Apel appeared in person and was granted, on motion of McEvoy and Schuckert, a permit to sell friut and vegetables to April 1, 1932. Subse- quently, a letter was received and presented to Council at the April 4th organization meeting. The ,City Manager, remembering the February 23rd grant, recommended that the license be extended for one year for the said applicant. 108 Special Session, May 9th, 1932 Nays —None. Proof of publication, certified to by the publishers, of the notice to contractors of the receipt of pro- posals for the construction of a six inch sanitary sewer in the alley be- tween Lincoln Avenue and Rhom- berg Avenue from the manhole 200 feet south of Shiras Street to a point about 25 feet north of Shiras Street presented and read. Councilman Schuckert moved to receive and file the proof of publi- cation. Seconded by Councilman Mc- Evoy. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Schuckert and Thompson. Nays —None. May 9, 1932. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: In accordance with your instruc- tions and our advertisement, bids were received at 10:00 a. m. Monday, May 9, 1932, for the construction of a six (6) inch vitrified tile sewer in and along the alley between Lincoln Avenue and Rhomberg Avenue from the manhole 200 feet south of Shiras Street to a point about 25 feet north of Shiras Street. I am attaching hereto a tabula- tion sheet showing the unit prices and total prices bid and respectfully recommend that the contract for the construction of this sewer be award- ed to the Thos. Flynn Coal Co. as their bid was the lowest one re- ceived. Yours very truly, R. M. EVANS, City Manager. Tabulations of Sewer Proposals 6 -inch vitrified tile sewer in and along the alley between Lincoln Avenue and Rhomberg Avenue from the manhole 200 feet south of Shiras Street to a point about 25 feet north of Shiras Street. Proposals opened 10:00 a. m. May 9th, 1932. Thos. Flynn Coal Co. -310 lin. ft. 6 -in. sewer pipe, $.55; 10 Y Branches 6 in. x 4 in., $1.04; 2 brick man- holes, complete, $40.00; 6 cu. yds. Class C concrete in place (1- 2 -5 mixture), $5.00. Total amount of bid, $290.90. Cook & Kean -310 lin. ft. 6 -in. sewer pipe, $.52; 10 Y Branches 6 in. x 4 in., $1.50; 2 brick manholes, complete, $45.00; 6 cu. yds., Class C concrete in place (1- 2 -5 mixture), $9.00. Total amount of bid, $320.20. Uhlrich -Paley Co.— 310 lin. ft. 6 -in. sewer pipe, $.94; 10 Y Branches 6 in. x 4 in., $1.24; 2 brick manholes, com- plete, $48.00; 6 cu. yds Class C con - creat in place (1- 2 -5 mixture), $7.00. Total amount of bid, $441.80. City Engineer's Estimate, $397.65. Resolution No. 28 -32 awarding contract to Thos. Flynn Coal Co. for the construction of a six inch sani- tary sewer in the alley between Lin- coln Avenue and Rhomberg Avenue from the manhole 200 feet south of Shiras Street to a point about 25 feet north of Shiras Street, presented and read. Councilman McEvoy moved that the resolution be approved and placed on file for one week. Sec- onded by Councilman Schuckert. Car- ried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Schuckert and Thompson. Nays —None. Resolution No. 25 -32, having been approved and placed on file May 2nd., 1932, awarding contract to the Austin - Western Road Machinery Co. for the furnishing of a Motor Pick -up Street Sweeper according to the form prepared by the City Solicitor, presented for final adoption. Councilman Schuckert moved the adoption of the resolution and the City Manager to be authorized to execute a contract with the Austin - Western Road Machinery Co. in be- half of the City of Dubuque for the purchase of a Motor Pick -up Sweep- er. Seconded by Councilman Mc- Evoy. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Schuckert and Thompson. Nays —None. Attorney John A. Cunningham ad- dressed the Council presenting a resolution adopted by the Home De- fense League relative to the pur- chasing of Motor Pick -up Sweeper. No action taken. May 9, 1932. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: In accordance with Chapter 289 of the Iowa State Code, 1927, the Civil Service Commission conducted an examination for ' applicants to the Police and Fire Departments on April 4, 1932. The following ten names on the Fire Department list and the ten names on the Police Department list are those who have passed the men- tal and physical evaminations with the highest average and are respect- fully submitted for your information and approval. FIRE DEPARTMENT Benjamin J. O'Leary, 97%. Byron L. Brose, 91. Thos. H. Gauvin, 91. Elmer F. Luckritz, 901/4. 110 Special Session, In order to now fully advise you of the case of Mr. Apel, who ap- peared at the office upon request, I have ascertained the following facts for your consideration: Mr. Apel was in service six months; was not injured, but con- tracted a severe case of flu at Camp Shelby which lasted from two to three weeks. On December 16, 1918, the set time for his release, the phy- sicians in charge advised him that his right lung was bad. This condi- tion had developed between his en- listment and this tentative discharge and the applicant was detained in camp one week pending , medical treatment. He was finally dis- charged December 23, 1918, with knowledge by the Government physi- cians that his right lung was in a weakened condition, but due to his haste to return home, he has been unable to receive compensation for this cause at any time. Mr. Apel says that his lung still bothers him at certain periods, espe- cially when he gets a cold. He is not able to do hard work. Mr. Apel was a finisher at the Brunswick plant. Yours very truly, R. M. EVANS, City Manager. Councilman Thompson moved to refer the communication to the Council. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Schuckert and Thompson. Nays —None. April 16, 1932. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Mr. Gus Zuccaro of 1636 Jackson Street has this day made application for a continuation for one year of a license without compensation to sell and peddle fruit and vegetables from wagon through the City of Dubuque. Mr. Zuccaro is a World War vet- eran, having served 499 days in ser- vice, including over sea activities. He has an honorable discharge from the army. The applicant is not dis- abled, but has been given a permit free in this city for the last three years. He makes request that this be continued for the next fiscal year. The applicant is married and has one child. Yours very truly, R. M. EVANS, City Manager. Councilman Thompson moved to refer the communication to the Council. Seconded by Councilman May 9th, 1932 McEvoy. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Schuckert and Thompson. Nays —None. April 18, 1932. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Mr. Mike Pussateri of 627 Arling- ton Street has this day made appli- cation for a continuation for one year of a license without compensa- tion to sell and peddle fruit and vegetables from wagon through the City of Dubuque. Mr. Pussateri is a World War vet- eran, having 13 months in service, including over -sea activities. He has an honorable discharge from the army. The applicant is not disabled, but has been given a permit free in this city for the last three years. He makes request that this be con- tinued for the next fiscal year. The applicant is married and has 4 chil- dren. Yours very truly, R. M. EVANS, City Manager. Councilman Thompson moved to refer the communication to the Council. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Schuckert and Thompson. Nays —None. May 9, 1932. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have ap- proved the following policies cover- ing signs and desire to have your approval on same for filing: Dubuque Music House, 1362 Cen- tral Avenue; Policy No. IGB 2146, Standard Accident Ins. Co. Weis Bros. Auto Sales Co., 880 Central Avenue; Policy No. GP 5554, Builders & Manufacturers Mutual Casualty Co. Yours very truly, R. M. EVANS, City Manager. Councilman Schuckert moved that the Bonds be approved and placed on file. Seconded by Councilman Thompson. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Schuckert and Thompson. Nays —None. Special Session May 9, 1932. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I am attaching hereto reports of the City Treasurer, City Auditor and City Water Works for the month of April, 1932, also list of claims and list of payrolls for which warrants were issued during the month of April, 1932. 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 following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Schuckert and Thompson. Nays —None. Ordinance No. 4 -32 having passed upon first and second readings, pre- sented and read a third time. Ordinance No. 4 -32 An Ordinance granting to the United States of America the right to lay, construct and perpetually maintain a ten -inch storm sewer in the alley first west of Locust street and in West Fifth street, said sewer to commence at the present storm sewer in West Fifth street and the junction of said alley with West Fifth street and extend northerly across West Fifth street and in the alley approximately one hundred twenty -five feet. Be it Ordained by the Council of the City of Dubuque: Par. 236, Section 1. That the right and privilege be and the same is hereby granted to the United States of America to build, construct, and perpetually maintain a ten -inch storm sewer in the alley first west of Locust street and in West Fifth street, said sewer to commence at the present storm sewer in West Fifth street at the junction of said street with said alley and extend northerly across West Fifth street and in the alley approximately one hundred twenty -five feet, the same to be used as a system of drainage for the Post Office premises. Par. 237, Section 2. That the cost of constructing and maintaining said sewer shall be borne by the grantee herein and all of the work incident to, the laying and constructing of said sewer shall be done under the supervision of the City Engineer. Par. 238, Section 3. That the sur- face of said alley and street shall be restored to as good condition as before disturbed after the work has May 9th, 1932 111 been completed at the expense of the grantee herein. Par. 239, Section 4. This Ordi- nance being deemed urgent and of immediate necessity and for the pre- servation of the public peace, health and safety shall be in force and effect from and after its final pas- sage, adoption and approval by the City Council and publication as pro- vided by law. Passed upon first and second read- ings this 26th day of April, 1932. Passed, adopted and approved up- on final reading this 9th day of May, 1932. M. B. ANDELFINGER, Mayor. ED. McEVOY, ARDENAL THOMPSON, H. F. SCHUCKERT, M. R. KANE, Councilmen. Attest: J. J. SHEA, City Clerk. Published officially in the Tele- graph- Herald and Times - Journal newspaper, May 11th, 1932. J. J. SHEA, City ,Clerk. Councilman Schuckert moved the adoption of the ordinance. Seconded by Councilman Thompson. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Schuckert and Thompson. Nays —None. Ordinance No. 5 -32 having passed upon first and second readings, pre- sented and read a third time. Ordinance No. 5 -32 An Ordinance granting to the Chi- cago, Milwaukee, St. Paul & Pacific Railroad Company the right to lay and construct a sidetrack across the alley first east of Garfield avenue commencing at a point on the east side of said alley opposite the south line of Lot 128, Ham's Addition to the City of Dubuque, thence running northerly at an angle to a point about thirty feet north of the south line of Lot 129, Ham's Addition, as shown upon the blue print hereto attached. Be it Ordained by the City Council of the City of Dubuque: Par. 240, Section 1. That the right and privilege be and the same is hereby granted to the Chicago, Mil- waukee, St. Paul & Pacific Railroad Company to lay, construct and main- tain a sidetrack across the alley first east of Garfield avenue commencing at a point on the east side of said alley opposite the south line of Lot 128, Ham's Addition to the City of Dubuque, thence running northerly at an angle to a point about thirty feet north of the south line of Lot so the issuance of the bonds was de- ferred until a more favorable time in order to save an excessive interest charge. To add to the difficulty two banks in the City closed and the City had deposits in these banks amounting to approximately $35,000. The municipal bond market has now strengthened and I am .satisfied that our bonds, which have always had a ready market can be issued and sold at an interest rate of not to exceed four and one -half per cent with a possibility of receiving a sub - stantial premium on an issue of $90,000. I have prepared the proceedings for the issuance of sewer bonds in the sum of $90,000 to pay the indebt- edness created in the construction of the sewer. This indebtedness should be paid at once so that, if the 'Coun- cil should consider any further im- provement work to relieve unemploy- ment and provide work for the un- employed it will not be hampered by an existing indebtedness for the; work already done. These proceed- ings are instituted under the provis- ions of law governing this subject and in strict compliance therewith. In preparing the maturities of these bonds I have taken into con- sideration all outstanding bonds and the years in which they come due and have so arranged the maturities of the proposed bonds so that the payment of these bonds will not in any manner increase the present tax levy. In fact by the time these bonds mature a very large part of the out - standing bonds will have been re- tired and the tax levy for the pay- ment of bonds will be very mater- ially reduced. As you know our out- standing bond indebtedness is being rapidly reduced and our total in- debtedness existing after 1936 and 1937 will be cut down to such an ex- tent that it will leave the City in the' healthiest financial condition that it has been for a great many years. The 'date of the proposed bonds will be 'June 1, 1932. The maturities nn the' bonds are as fo'l'lows: $10,000 on December 1, 1941; '$25,000 on De- cember 1 of each of the years, 1942 and 1943; $20j000 on December 1, 1944; and $10,000 on December 1, 1945. The interest payment dates are June 1st and Deoember 1st of each year. I recommend that the Council pro- ceed at .once with the proceedings for the issuance of these bonds and .order that they may be sold while a favorable bond market exists. Respeotfully ,submitted, M. H. CZIZEK, City .Solicitor. Councilman ,Schuckert :moved that the recommendation of the :City So- Special Session, May 9th, 1932 licitor be approved. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Schuckert, Thompson. Nays —None. Resolution No. 29 -32. RESOLUTION to fix a date at which time it is proposed to take action for the issuance of $9.0,00,0 Sewer Bonds. Whereas, the City of Dubuque in the County of Dubuque and State or Iowa, has heretofore ordered and provided for building and construct- ing certain sewers in and for said City, the cost whereof to the amount of Ninety Thousand Dollars ($90,000.00) to be borne by said City; and Whereas, it is deemed for the best interests of said City that the cost to be so ; paid be realized at this time and that the Sewer Bonds of said City be issued therefor, but it is first necessary to give notice and a hearing as required by Section 363 of the Code of Iowa: Now, Therefore, Be It Resolved by the City Council of the City of Du- buque, as follows: Section 1. That this City Council meet at the Council Chamber of the 'City Hall within said City on the 25th day of May, 1932, at 7:30 o'clock P. M., at which time and place pro- ceedings will be instituted and ac- tion taken 'for the issuance of Ninety Thousand Dollars ($90,000.(10) Sewer Bonds for the purpose of defraying the cost to that amount of building and constructing sewers in and for said City. Sec. 2. The City Clerk is hereby directed to give notice of proposed action for the issuance of said bonds, setting forth the amount and pur- pose thereof, the time when and place where said meeting will be held, by publication at least once for at least ten days before said meeting, in Telegraph - Herald and Times - Journal, the official 'newspaper of said City and which has a general circulation within said City. Said notice shall be in substantially the following form.: 'Notice of Meeting for Issuance. of Sewer ,Bonds The City Council of the City of Dubuque, Iowa, will meet on the 25th day of May, '1932, at the Council Chamber in the City Hall, Dubuque, ;Iowa, at .7:30 , o'clock P. M. for the purpose of [instituting proceedings and taking action for the issuance of Ninety Thousand Dollars ;(x$901000.00) Sewer Bonds of said ,City for the [purpose of , defrayipg the . 4ost of that amount of building and constructing sewers in and for said City. 112 Special Session, May 9th, 1932 129, Ham's Addition, as shown upon construction' of a storm sewer in the blue print hereto attached and made a part hereof. Par, 241, Section 2. That the right and privilege herein given to said grantee shall be subject to all re- strictions and conditions which the City of Dubuque may impose upon the enjoyment thereof, including the maintaining of said sidetrack in such a manner as not to be or become a nuisance or an interference with the use of said alley for all proper pur- poses and the right hereby granted shall be taken subject to any condi- tions which may be imposed thereon by municipal authorities at any time in the interest of the public use and convenience of said alley. Section 3. This Ordinance shall be in force and effect ten days from and after its final passage and adoption by the City Council and publication as provided by law. Passed upon first and second read- ings this 26th day of April, 1932. Passed, adopted and approved this 9th day of May, 1932. M. B. ANDELFINGER, Mayor. ED. McEVOY, ARDENAL THOMPSON, H. F. SCHUCKERT, M. R. KANE, Councilmen. Attest: J. J. SHEA, City Clerk. Published officially in the Tele- graph - Herald and Times - Journal newspaper, May 11th, 1932. J. J. SHEA, City Clerk. Councilman McEvoy moved the adoption of the ordinance. Seconded by Councilman Schuckert. Carried by the following vote: Yeas—Mayor Andelfinger, Council- men Kane, McEvoy, Schuckert and Thompson. Nays —None. Report of City Manager Evans showing summary and details of the cost of Storm Sewer Work per- formed under the bonded sewer fund from April 1st., 1931 to March 31st., 1932, our last fiscal year, and also for the month of April, 1932, present- ed and read. Councilman McEvoy moved that the report be made •a matter of record. Seconded by 'Councilman' Thompson. Carried by the .following vote: Yeas—Mayor .Andelfinger, Council- men Kane, McEvoy, Schuckert and Thompson. Nays —None. May '9, 1932. To the Honorable Mayor and Coun- cil of the City of Dubuque. Gentlemen: In Ootober;, 1930, the 'Council adopted - proceedings for the Shiras Avenue, received bids and awarded a contract, Before the work was commenced an action was be- gun in the District Court of Dubuque County, Iowa, challenging said con- tract. In 1931 the case was tried and resulted favorably to the City. The Plaintiff then took an appeal to the Supreme Court. In view of such appeal, the contractor was not war- ranted in going ahead with the con- struction of the sewer under his con- tract and so no work was begun on the sewer. While this condition ex- isted unemployment became acute in the City and finally in the Fall of 1931 the contractor for said sewer agreed to give up his contract if the City desired to construct the sewer by day labor, thereby furnishing em- ployment to many men. This offer was accepted and the contract was surrendered. The City then went for- ward with the construction of the said sewer by day labor and hired unemployed men to do the work. This was the beginning of a rather extensive program of sewer con- struction. Cities everywhere were trying to find work for men out of employ- ment. Dubuque was no different than other cities, but the Council realized that it had to provide work for those unemployed in order to relieve the unemployment situation. A system of registering those desiring work was inaugurated and approximately two thousand men registered for work. To provide work became a serious problem. It was finally de- cided that the only kind of work that could be done at that time of the year was sewer work. A program of sewer construction was laid out which was added to from time to time as the work progressed and as men demanded employment. The Council was encouraged in the doing of the work by all tax payers in the City, by all civic organizations, labor organizations and local newspapers. That something had to be done and done at once was apparent to every- one and, naturally, everybody looked to the City to inaugurate the move- ment. It was not possible to esti- mate the extent of the work when it was begun or what it would cost. This work had to be 'financed and the Council authorized the issuance of Bonds oaf $90,000 for that purpose. 'Conditions, however, were not favor - able at that time for the sale of bonds. The municipal bond market was in a very depressed condition and bonds could not be issued and sold which would bear .a lesser rate of interest than five per cent or 'even more. iIn .fact it was [doubtful that any bonds 'could be sold at all and men Kane, McEvoy, Schuckert, and Thompson. Nays —None. - Resolution No. 36 -32 preliminary approval of plans, specifications, form of contract, plat and schedule of the improving of Chappell Court from the west property line of Kleine Street westerly to end of said Chappell Court, presented and read. Councilman McEvoy moved the adoption of the resolution. Second- ed by Councilman Thompson. Car-, ried by the fololwing vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Schuckert, and Thompson. Nays —None. Resolution No. 37 -32 of necessity for improving Chappell Court from the west property line of Kleine Street westerly to end of said Chap- pell Court, presented and read Councilman Schuckert moved that the resolution be approved and placed on file for final action. Sec- onded by Councilman Thompson. Carried by the fallowing vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Schuckert, and Thompson. Nays —None. Resolution No. 38 -32 fixing date of hearing upon the proposed im- provement of Chappell Court from the west property line of Kleine Street westerly to end of said Chap- pell Court, presented and read. Councilman Schuckert moved the adoption of the resolution. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Schuckert, and Thompson. Nays -None. To the Honorable Mayor and Coun- cilmen of the City of Dubuque: Gentlemen: I recommend for set- tlement the following: An action now pending in court entitled Joseph Hedley vs City of Dubuque. In this action plaintiff claims the sum of $2,500 on account of serious personal injuries which he received by falling upon a de- fective walk on the corner of East 22nd and Stafford Avenue on De- cember 5th, 1930. Plaintiff was 011 his way to work and when he ar- rived at the place complained of he fell and broke his leg and received other painful injuries. His injur- ies necessitated X -Ray examinations, services of physicians and he suf- fered great pain as well as loss of employment for several months. I investigated the circumstances of this accident and I am satisfied that Special Session, May 9th, 1932 a settlement is advisable. Subject to your approval I have agreed to pay the sum of $300 in full settle- ment of these damages. Plaintiff to pay the cost. On February 4, 1932, William Cumpton fell near the corner of 16th and Elm Streets on a defective side- walk and sustained serious and pain- ful injuries to his back and across his hips. He has been laid up from work practically ever since his in- juries and it is doubtful just how long it will be before he will be able to return to work. I am fully acquainted with the circumstances surrounding this accident and have agreed to pay the plaintiff, in full settlement the sum of $250. In each of these cases I am satis- fied that these settlements are ad- vantageous to the City and, if the same are approved by your Honor- able Body, kindly have a warrant drawn in the Hedley case in favor of Hugh Stuart, attorney, for the plaintiff in the sum of $300.00 and in favor of William Cumpton in the sum of $250.00. Respectfully submitted, M. H. CZIZEK, City Solicitor. Councilman McEvoy moved that the recommendation of the City So- licitor be approved and a warrant in the sum of $300.00 be ordered drawn on the City Treasurer 171 fav- or of Hugh Stuart, attorney, as set- tlement in full of the Hedley claim and also that a warrant in the sum of $250.00 be ordered drawn on the City Treasurer in favor of William Cumpton as settlement in full of his claim. Seconded by Councilman Thompson. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Schuckert and Thompson. Nays —None. City Manager Evans recommend- ed that the City of Dubuque aid in the plowing of community gardens. Councilman McEvoy moved that the recommendation of the City Man- ager be approved. Seconded by Councilman Thompson. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Schuckert, and Thompson. Nays —None. There being no further business, Councilman Thompson moved to ad- journ. Seconded by Councilman Schuckert. Carried by the follow- ing vote: Yeas —Mayor Andelfinger, Council- _I 114 Special Session, May 9th, 1932 At any time before the date of said meeting five or more taxpayers may file a petition in the office of the City Clerk, setting forth their objec- tions thereto. By order of the City Council May 9th, 1932. J. J. SHEA, City Clerk. Sec. 3. That all resolutions or parts thereof in conflict herewith be and the same are hereby repealed, and this resolution shall be effective forthwith upon its passage and ap- proval. Passed and approved May 9th, 1932. M. B. ANDF.LFINGER, Mayor. ED. McEVOY, Councilman. ARDENAL THOMPSON, Councilman. H. F. SCHUCKERT, Councilman. M. R. KANE, Councilman. Attest: J. J. SHEA, City Clerk. Recorded May 10th, 1932. J. J. SHEA, City Clerk. Councilman McEvoy moved the adoption of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Schuckert, Thompson. Nays —None. Verbal report of City Solicitor Czizek on petition of Sarah Hammel requesting the suspension of the tax on S. 1 /2 of Lot 52 and N. % of Lot 51 Sanford Sub., making no recom- mendation, presented. Councilman Kane moved that the prayer of the petitioner be denied and the Board of Supervisors to be notified of the action of the City Council. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Schuckert, and Thompson. Nays —None. Resolution No. 30 -32 preliminary approval of plans, specifications, form of contract, plat and schedule for the improving of Kleine Street from the south property line of Kauf- man Avenue to the north property line of Klingenberg Terrace, present- ed and read. Councilman McEvoy moved the adoption of the resolution. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Schuckert, and Thompson. Nays —None. Resolution No. 31 -32 of necessity for improvement of Kleine Street from the south property line of Kaufmann Avenue to the north por- perty line of Klingenberg Terrace, presented and read. Councilman McEvoy moved that the resolution be approved and placed on file for final action. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Schuckert, and Thompson. Nays —None. Resolution No. 32 -32 fixing date of hearing upon the proposed im- provement of Kleine Street from the south property line of Kaufman Avenue to the north property line of Klingenberg Terrace, presented and read. Councilman Schuckert moved the adoption of the resolution. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Schuckert, and Thompson. Nays —None. Resolution No. 33 -32 preliminary approval of plans, specifications, form of contract, plat and schedule for the improving of Pennsylvania Street from the north property line of Delhi Street to the City limits, presented and read. Councilman McEvoy moved the adoption of the resolution. Second- ed . by Councilman Kane. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Schuckert, and Thompson. Nays —None. Resolution No. 34 -32 of necessity for improving of Pennsylvania Street from the north property line of Delhi Street to the City limits, presented and read. Councilman Schuckert moved that the resolution be approved and placed on file for final action. Sec- onded by Councilman McEvoy. Car- ried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Schuckert, and Thompson. Nays —None. Resolution No. 35 -32 fixing date of hearing upon the proposed im- provement of Pennsylvania Street from the north property line of Delhi Street to the City limits, pre- sented and read. Councilman McEvoy moved the adoption of the resolution. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas —Mayor Andelfinger, Council- 1 1 1 1 1 ■ 1 1116 Special. Session, May 25th, 1932 era Kane, McEvoy, Sc).LUCkeait, and Thompsonu. Nays—None. Approved __ -_ 1932. Adopted 1932. Councilmen: J. J. $HEA, City Cleri c. City C1erl. GITY COUNCIL (Official) Special session, May 25, 1932. Council met at 7:55 P. M. Present —Mayor Andelfinger, Coun- cilmen Kane, McEvoy, Thompson, City Manager Evans. Absent — Councilman Schuckert. Meeting called by order of Council- men Kane and McEvoy. Notice and CaII of Special Meeting of the City Council To ,Councilman. You are hereby notified and there is hereby called a special meeting of the City Council of the City of Dubuque, to be held on Wednesday, May 25, at 7:30 o'clock P. M. at the Council Chamber in the City Hall. At this meeting there will be introduced an ordinance entitled "An Ordinance Providing for the Is- suance of Ninety Thousand Dollar Sewer Bonds, providing for the levy of taxes to pay the same and de- claring an emergency," in the event that no petition has been filed by tax Payers objecting to the issuance of such bonds. At said meeting there will also be transacted such other and further business as may properly come before a regular meeting of said Council. Dated at Dubuque, Iowa, this 24th day of May, 1932. M. 11, KANE, ED. MCEVOY, Councilmen Proof of publication, certified to by the publishers, of the notice of meeting for issuance of Sewer Bonds presented and read. There being no petition filed with objections to notice of hearing Coun- cilman McEvoy moved to receive and file the proof of publication. Seconded by Councilman Thompson. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Thompson. Nays —None. Absent — Councilman Schuckert. Ordinance No. 6 -32. An ordin- ance providing for the issuance of $90,000.00 Sewer Bonds, providing for the levy of taxes to pay the same and declaring an emergency, pre- sented and read. Councilman McEvoy moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Thompson. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Thompson. Nays --- None. Absent -- Councilman Schuckert. Councilman McEvoy moved that the rules requiring an ordinance to be read on three separate days be suspended. Seconded by Council- man 'Thompson. 'Carried by the fol- lowing vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Thompson. Nays —None. Absent – Councilman Schuckert. Councilman McEvoy moved that the ordinance be read a second time. Seconded by Councilman Thompson, Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Thompson. Nays —None. Absent — Councilman Schuckert. The 'ordinance was then read a second time. Councilman McEvoy moved that the reading just had be considered the second reading of the ordinance. Seconded by Councilman Kane. Car- ried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Thompson. Nays —None. Absent — Councilman Schuckert. Proof of publication, certified to by the publishers, of the list of claims for which warrants were drawn during the month of April, 1932, presented and read. Councilman McEvoy moved to re- ceive and file the proof of publica- tion. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas—Mayor Andelfinger, Couneil- men Kane, McEvoy, Thompson, Nays —None. Absent— Councilman Schuckert. Resolution No. 28 --32, having been approved May 9, 1932, and placed on file, awarding contract to Thos. Flynn Coal Co. for the construction of a six inch vitrified tile sewer in and along the alley between LincOln Avenue and Rhomberg Avenue from the manhole 200 feet south of Shiras Street to a point 25 feet north of Shiras Street, presented for final adoption. Councilman McEvoy moved the adoption of the resolution. Second- ed by Councilman Kane. Carried by the following vote: Yeas —Mayor Andelfinger, Connell- men Kane, McEvoy, Thompson, Nays —None. Absent — Councilman Schuckert. Petition of Lawrence Wisher, re- ferred to the City Council by the Board of Supervisors, requesting sus- pension of the 1931 tax on N. 1/2 of Lot 53 East Dubuque Addition, pre- sented and read. Councilman Kane moved to refer the petition to the City Solicitor for Special Session„ May 25th, 1932 117 investigation and report. Seconded by Oothncilman McEvoy. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Thompson. Nays — None. Absent — Councilman Schuckert. Petition of Wm. F. Allendorf, re- ferred to the City Council by the Board of Supervisors, requesting the suspension of the 1931 tax on Lot 35 llaa-ley's Sub. and also personal tax, presented and read. Councilman Kane moved to refer the petition to the City Solicitor for investigation and report. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Andelfinger, Council - men Kane, McEvoy, Thompson, Nays —None. Absent - Councilman Schuekert. Petition of Jos. Jeannetaud, refer- red to the City Council by the Board of Supervisors, requesting the sus- pension of the 1931 tax On Lots 2 and 5 of City Lot 688 and part of 654, west 25 feet of Lot 9 of Lor- imer's Sub., LOt 1 of 14 and Lot 13 of City Lot 703 and Lot 13 of Simp- son's Addition, presented and read. Councilman Kane moved to refer the petition to the City Solicitor for investigation and report. Seconded by Councilman McEvoy, Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Thompson, Nays —None. Absent — Councilman Schuckert. Petition of Ray McDonnell, refer- red to the City Connell by the Board of Supervisors, requesting the sus- pension of the 1931 tax on Lot 2 of 1 of 2 of 1 of Min. Lot 343, present- ed and read, Councilman Kane moved to refer the petition to the City Solicitor for investigation and report. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Andelfinger, Oounoil- men Kane, McEvoy, Thompson. Nays —None. Absent — Councilman Schuckert. Petition of Mrs. Mary Pregler, re- ferred to the City Council by the Board of Supersvisors, requesting the cancellation of the 1931 tax on N. 1/2 of Lot 19 O. S. Langworthy's Addition, presented and read. Councilman Kane moved to refer the petition to the City Solicitor for investigation and report. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Thompson. Nays —None. Absent- Councilman Schuckert. 118 Special Session, May 25th, 1932 Petition of William J. Kramer, re- ferred to the City Council by the Board of Supervisors, requesting the suspension of the 1931 tax on Lot 2 of 49 and all of Lot 50 Burden and Lawther's Addition, presented and read. Councilman Kane moved to refer the petition to the City Solicitor for investigation and report. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Thompson. Nays —None. Absent — Councilman Schuckert. Petition of Frank .1. Noel, referred to the City Council by the Board of Supervisors, requesting the suspen- sion of the 1931 tax on Lot 85 Un- ion Addition, presented and read. Councilman Kane moved to refer the petition to the City Solicitor for investigation and report. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Thompson. Nays —None. Absent — Councilman Schuckert. Petition of John Lyons, referred to the City Council by the Board of Supervisors, requesting the suspen- sion of the 1931 tax on Lot 7 Pros- pect Hill Addition, presented and read. Councilman Kane moved to refer the petition to the City Solicitor for investigation and report. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Thompson. Nays —None. Absent — Councilman Schuckert. Petition of James Hedley, refer- red to the City Council by the Board of Supervisors, requesting the can- cellation of the 1931 tax on Lot 1 of Lot 24 Linehan Park Addition, presented and read. Councilman Kane moved to refer the petition to the City Solicitor for investigation and report. Seconded by Councilman McEvoy. Carried by following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Thompson. Nays —None. Absent — Councilman Schuckert. Petition of M. B. Harwood, refer- red to the City Council by the Board of Supervisors, requesting the can- cellation of the 1931 tax on Lot 166 L. H. Langworthy's Addition, pre- sented and read. Councilman Kane moved to refer the petition to the City Solicitor for investigation and report. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Thompson. Nays —None. Absent— Councilman Schuckert. Petition of Peter Maas, referred to the City Council by the Board of Supervisors, requesting the cancel- lation of the 1931 tax on Lot 14 Maple Height's Addition, presented and read. Councilman Kane moved to refer the petition to the City Solicitor for investigation and report. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Thompson. Nays —None. Absent—Councilman Schuckert. Petition of W'. F. Allendorf re- questing the City Council to with- hold the tax sale on his property for special assessment due in 1932 for the improvement of Spruce Street and Wilbur Street, presented and read. Councilman McEvoy moved" to re- fer the petition to the City Solicitor for investigation and report. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Thompson. Nays —None. Absent— Councilman Schuckert. Communication of W. J. Whalen, trainmaster of Chicago, Milwaukee, St. Paul and Pacific Railroad Com- pany, requesting a change in sched- ule in crossing watchman time at the Seventh Street crossing, present- ed and read. Councilman Thompson moved to refer the communication to the Council for investigation. Seconded by Councilman McEvoy. Carried by the following vote: Yeas— Councilman Kane, McEvoy, Thompson. Nays —None. Absent — Councilman Schuckert. Mayor Andelfinger not voting. Petition of M. O. Wagner et al requesting the installation of a sew- er in Cherry Street, presented and read. Councilman McEvoy moved to re- fer the petition to the Council. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Thompson. Nays None. Absent— Councilman Schuckert. Petition of J. C. Krueger, et al., requesting the City Council to stop Max Blum of Rotman -Blum Co. from dumping pig hair, etc., on the dump Special Session, May at the foot of 16th Street as same is offensive, presented and read. Councilman McEvoy moved to re- fer the petition to the City Manager with power. Seconded by Council- man Thompson. Carried by the fol- lowing vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Thompson. Nays —None. Absent — Councilman Schuckert. Petition of the Board of Trustees of the Carnegie -Stout Free Public Library requesting the City Council to take care of the debt due upon the contract for the purchase of the Masonic property in the sum of $7,500.00, presented and read. Councilman McEvoy moved that the petition be made a matter of record. Seconded by Councilman Kane. Carried by the following vote: Yeas — Mayor Andelfinger, Council- men Kane, McEvoy, Thompson. Nays —None. Absent — Councilman Schuckert. May 17, 1932. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that on May 16th Councilmen Kane, Mc- Evoy and Schuckert called a special Council meeting which was held at the City Hall about 5:15 P. M. Those in attendance were Councilmen Kane, McEvoy, Schuckert, City So- licitor Czizek and City Manager Evans. Mayor Andelfinger was out of the City and could not be reached prior to the meeting. Councilman Thompson was working out of the City and was not present. The meeting was called to discuss the necessity of a representative of the City Council attending the hear- ings before the Ways and Means Committee of the House at Washing- ton, D. C., June 20th and 21st. After some discussion, it was decided that the City Manager should attend this series of hearings and should assist the representatives of the Upper Mississippi River toward the promo- tion of the $500,000,000 bond issue for improvements of all inland water- ways. The meeting adjourned about 6 o'clock. Yours very truly, R. M. EVANS, City Manager. Councilman McEvoy moved that the communication of the Cty Man- ager be made a matter of record. Seconded by Councilman Kane. Car- ried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Thompson. Nays —None. Absent — Councilman Schuckert, 25th, 1932 119 Dubuque, Iowa, May 18th, 1932. To the Honorable Mayor and City Council of the City of Dubuque, Iowa. Gentlemen: The local Board of Review appointed by Your Honor- able Body to equalize the taxes for the year 1932 beg to advise that it has completed its work after having been in session thirty -three days. We commenced the first Monday in April and have been in continuous session. We have had a number of complaints and made personal inspection in each instance. Hereto, attached you will find all assessments equalized by the Board. There being nothing further to do it has taken final adjournment. Your approval is kindly requested. Respectfully submited, A. P. ABELN, JOS. J. BERTSCH, EDWARD SCHREMPF. Attest: J. J. SHEA, Clerk, Board of Review. The Board was in session thirty - three days, at which sessions were present the members of the Board as follows: A. P. Abeln present 33 ses- sions @ $8.00 per day $264.00 Jos. J. Bertsch present 33 ses- sions @ $8.00 per day 264.00 Edward Schrempf present 33 sessions @ $8.00 per day 264.00 Total $792.00 Respectfully submitted, J. J. SHEA, Clerk, Board of Review. Councilman Kane moved that the report of the Board of Review be approved and placed on file and that warrants in the sum of $250.00 each be ordered drawn in favor of A. P. Abeln, Jos. J. Bertsch and Edward Schrempf for services rendered as such board members. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Thompson. Nays —None. Absent — Councilman Schuckert. May 13, 1932. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At a meeting of the Planning and Zoning Commission held Wednesday, May 11, 1932, the following motions were passed rela- tive to improvements which were re- ferred to the. Commission by the City Council at a meeting held May 9, 1932: "It was moved by Mr. Bissell and seconded by Mr. Smith that the pav- ing of Chappell Court from the west property line of Kleine Street west- erly to end of said Chappell Court and the paving of Kleine Street from McEvoy. Carried by the following vote: Yeas —Mayor Andelfinger, Council- man Kane, McEvoy, Thompson. Nays —None. Absent — Councilman Schuckert. Councilman Kane moved that the ordinance be read the second time. Seconded by Councilman Thompson. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Thompson. Nays —None. Absent — Counciman Schuckert. The ordinance was then read a second time. Councilman Kane moved that the reading just had be considered the second reading of the ordinance. Seconded by Councilman Thompson. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Thompson. Nays —None. Absent — Councilman Schuckert. Ordinance No. 10 -32. An ordin- ance establishing a center line grade on Chappell Court from the west property line of Kleine Street to its western terminus presented and read. Councilman Kane moved that the reading just had be considered the first reading of the ordinance. Sec- onded by Councilman McEvoy. Car- ried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Thompson. Nays —None. Absent— Councilman Schuckert. Councilman Kane moved that the rules requiring an ordinance to be read on three separate days be sus- pended. Seconded by Councilman Thompson. Carried by the following vote: Yeas —Mayor Andelfinger, Council- man Kane, McEvoy, Thompson. Nays —None. Absent— Councilman Schuckert. Councilman Kane moved that the ordinance be read a second time. Seconded by Councilman Thompson. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Thompson. Nays —None. Absent—Councilman Schuckert. The ordinance was then read a second time. Councilman Kane moved that the reading just had be considered the second reading of the ordinance. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Thompson. Nays—None. Absent — Councilman Schuckert. Ordinance No. 11 -32. An ordin- ance establishing a grade on Kleine Street from the south property line Special Session, May 25th, 1932 121 of Kaufmann Avenue to the north property line of Klingenberg Terrace presented and read. Councilman Thompson moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman McEvoy. Carried by the following vote: Yeas — Mayer Andelfinger, Council- men Kane, McEvoy, Thompson. Nays —None. Absent— Councilman Schuckert. Councilman Thompson moved that the rules requiring an ordinance to be read on three separate days be suspended. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Thompson. Nays —None. Absent — Councilman Schuckert. Councilman McEvoy moved that the ordinance be read a second time. Seconded by Councilman Thompson. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Thompson. Nays —None. Absent — Councilman Schuckert. The ordinance was then read a second time. Absent — Councilman Schuckert. Councilman McEvoy moved that the reading just had be considered the second reading of the ordinance. Seconded by Councilman Thompson. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Thompson. Nays —None. Absent — Councilman Schuckert. Ordinance No. 12 -32. An ordin- ance amending an ordinance entitled "Ordinance No. 63A, an ordinance licensing and regulating hotels, boarding houses, soft drink parlors and other eating places and provid- ing a penalty for the violation there- of" by repealing Paragraph 46813, Section 2, presented and read. Councilman Kane moved that the reading just had be considered the first reading of the ordinance. Sec - onded by Councilman Thompson. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Thompson. Nays —None. Absent — Councilman Schuckert. Councilman Kane moved that the rules requiring an ordinance to be read on three separate days be sus - pended. Seconded by Councilman Thompson. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Thompson. Nays —None. Absent — Councilman Schuckert. Councilman Kane moved that the ordinance be read a second time 120 Special Session, May 25th, 1932 the south property line of Kaufmann c Avenue to the north property line of Klingenberg Terrace be approved by the Planning and Zoning Commis- sion. Motion carried." "It was moved by Mr. Welch and seconded by Mr. McKay that the paving of Pennsylvania Street from the north property line of Delhi Street to the City Limits be ap- proved by the Planning and Zoning Commission. Motion carried." Yours very truly, PLANNING AND ZONING COMMISSION, By R. V. McKay, Secretary. Councilman Kane moved that the report of the Planning and Zoning Commission be made a matter of record. Seconded by Councilman Mc- Evoy. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Thompson. Nays —None. Absent — Councilman Schuckert. Report of the Board of Health for the month of April, 1932, presented. Councilman Kane moved that the report be received and placed on file. Seconded by Councilman Mc- Evoy. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane; McEvoy, Thompson. Nays —None. Absent — Councilman Schuckert. Ordinance No. 7 -32. An ordin- ance establishing a grade on the Alley between Atlantic Street and Auburn Street from the north prop- erty line of Fillmore Street to the south property line of Decorah Street presented and read. Councilman Kane moved that the reading just had be considered the first reading of the ordinance. Sec- onded by Councilman McEvoy. Car- ried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Thompson. Nays —None. Absent — Councilman Schuckert. Councilman Kane moved that the rules requiring an ordinance to be read on three separate days be sus- pended. Seconded by Councilman Thompson. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Thompson. Nays —None. Absent — Councilman Schuckert. Councilman Thompson moved that the ordinance be read the second time. Seconded by Councilman Kane. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Thompson. Nays- -Nene. Absent — Councilman Schuckert. The ordinance was then read a second time. Councilman Kane moved that the reading just had be onsidered the second reading of the ordinance. Seconded by Councilman Thompson. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Thompson. Nays —None. Absent — Councilman Schuckert. Ordinance No. 8 -32. An ordinance establishing a grade on Pennsylvania Street from the north property line of Delhi Street to the western boun- dary of the City of Dubuque, at sta- tion 5+44.0 presented and read. Councilman Kane moved that the reading just had be considered the first reading of the Ordinance. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Thompson. Nays —None. Absent — Councilman Schuckert. Councilman Kane moved that the rules requiring an ordinance to be read on three separate days be sus- pended. Seconded by Councilman Thompson. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Thompson. Nays —Ncne. Absent — Councilman Schuckert. Councilman Kane moved that the ordinance be read a second time. Seconded by Councilman Thompson. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Thompson. Nays —None. Absent — Councilman Schuckert. The ordinance was then read a second time. Councilman Kane moved that the reading just had be considered the second reading of the ordinance. Seconded by Councilman Thompson. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Thompson. Nays —None. Absent — Councilman Schuckert. Ordinance No, 9-32. An ordinance establishing a grade on the alley be- tween Delhi Street and Grace Street from the east property line of Au- burn Street to the west property line of Ida Street presented and read. Councilman Kane moved that the reading just had be considered the first reading of the ordinance. Sec - onded by Councilman Thompson. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Thompson. Nays —None. Absent — Councilman Schuckert. Councilman Kane moved that the rules requiring an ordinance to be read on three separate days be sus- pended. Seconded by Councilman 1 1 • Seconded by Councilman Thompson. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Thompson. Nays —None. Absent — Councilman Schuckert. The ordinance was then read a second time. Councilman Kane moved that the reading just had be considered the second reading of the ordinance. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Thompson. Nays —None. Absent—Councilman Schuckert. Petition of The Interstate Power Company requesting permission to substitute buses for street cars on the West Dubuque Line and the Point Line and also requesting that the street railway rails be allowed to remain in place until such time as the City will arrange for repaving the brick and asphalt streets and that such rails as are in concrete be permitted to remain permanently however at switching points, frogs and curves rails will be covered by us with some suitable surface ma- terial as may be approved by the City Manager presented and read. Councilman McEvoy moved to grant the prayer of the petition as to the substitution of buses for street cars and to abandon street car oper- ation on the West Dubuque line, Main Street line and Eagle Point line. Sec o n d e d by Councilman Thompson. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Thompson. Nays —None. Absent — Councilman Schuckert. Communication of Mrs. Caroline Nelson, chairman of the Committee on the Memorial Day Parade, extend- ing invitation to the City Council to take part in the Memorial Day Par- ade presented and read. Councilman Thompson moved that the invitation be accepted with thanks. Seconded by Councilman Mc- Evoy. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Thompson. Nays —None. Absent — Councilman Schuckert. Resolution No. 39 -32. Resolution for Temporary Transfer. Whereas, there is now in the hands of the Treasurer the sum of $24,000.00 credited to the Water Works fund, and Whereas, there is now in the hands of the Treasurer the sum of $ No credited to the Library Building fund, and 122 Special Session, May 25th; 1932 Whereas, it is desired to transfer $7,500.00 from the Water Works Fund to the Library Building Fund, for the following reasons: On De- cember 14, 1929, the City of Dubuque, for the use of the Dubuque Public Library, entered into a contract with the Masonic Organization of Du- buque for the purchase of certain real estate for the sum of Twenty - two Thousand Five Hundred Dollars ($22,500.00); that there has been paid upon said contract the sum of Fifteen Thousand Dollars ($15,000.00) leaving a balance due of Seven Thousand Five Hundred Dollars ($7,500.00) which sum is required to be paid upon the surrender of the premises to the City; that said prem- ises have been surrendered to the City and demand has been made for the payment of the balance due; that there are no available library funds out of which to pay the same and a transfer is necessary in order to pro- tect the investment of the City in said property from loss, and Whereas, proper arrangements have been made for the return of this money, same to be returned within one year from date of trans- fer, and Whereas, there is sufficient money in the Water Works fund to meet all demands • thereon, until said money can be returned, and Whereas, all laws, relating to mu- nicipalities have been compiled with, now therefore, Be it Resolvd by the City Council of the City of Dubuque of Dubuque County, Iowa, subject to the approval of the Director of the Budget that said sum of $7,500.00 be, and the same is hereby ordered transferred from the Water Works fund to the Library Building fund and the City Clerk (secretarial officer) is directed to correct his books accordingly and to notify the Treasurer of this trans- fer, accompanying the notification with a copy of this resolution and the record of its adoption. The vote thereon being as follows: Ayes — Andelfinger, Kane, McEvoy, Thompson. Absent — Schuckert. Nays —None. (Presiding Officer) M. B. Andel- finger, Mayor. (Secretarial Officer) J. J. Shea, Clerk. M. B. ANDELFINGER, Mayor. ED. McEVOY, ARDENAL THOMPSON, M. R. KANE, Councilmen. I, J. J. Shea, Clerk, (Secretarial Officer), of the City of Dubuque of Dubuque County, Iowa, hereby cer- tify the above to be a true and cor- Special Session, May rect dopy of resolution passed by the City Council on the 25th day of May, A. D. 1932. J. J. SHEA, (Secretarial Officer) Councilman McEvoy moved the adoption of the resolution. Seconded by Councilman Kane. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Thompson. Nays —None. Absent — Councilman Schuckert. Verbal report of City Solicitor Czizek, on petition of Mary and Kate Enright relative to redemption of tax sale certificate held by City against Lot 41 and S. 1 /2 of Lot 40 East Dubuque Addition, recommend- ing that they be allowed to redeem the tax sale certificate upon payment of the face value plus 5% interest as said sale was an error in the office of the County Treasurer presented. Councilman McEvoy moved that the recommendation of the City So- licitor be approved and the City Treasurer instructed accordingly. Seconded by Councilman Thompson. Carried by the following vote: Yeas —Mayor Andelfinger Council- men Kane, McEvoy, Thompson. Nays —None. Absent - Councilman Schuckert. Verbal report of City Solicitor Czizek on petition of Walter Burke requesting the cancellation of the 1931 tax on Lot 4 South Avenue Ad- dition, presented with no recom- mendation. Councilman Kane moved that pray- er of the petitioner as to the can- cellation of the 1931 tax be not granted but that a suspension of said tax be granted and the Board of Supervisors to be notified of the action of the City Council. Second- ed by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Thompson. Nays —None. Absent — Councilman Schuckert. Verbal report of City Solicitor Czizek on petition of Wm. J. Glenn requesting a cancellation of taxes on West 24 feet of City Lot 120, presented with no recommendation. Councilman McEvoy moved to grant the prayer of the petitioner and the Board of 'Supervisors to be notified of the action of the City Council. Seconded by Councilman Thompson. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Thompson. Nays —None. Absent — Councilman Schuckert. Verbal report of City Solicitor 25th, 1932 123 Czizek on petition of Wm. Meyer re- questing the cancellation of the sec- ond half of the 1931 tax on Lot 3 Corriell's Dubuque presented, recom- mending that the prayer of the peti- tioner be denied. Councilman Thompson moved that the recommendation of the City So- licitor be approved and the Board of Supervisors to be notified of the action of the City Council. Seconded by Councilman McEvoy. Carried by the following vote. Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Thompson. Nays —None. Absent — Councilman Schuckert. Verbal report of City Solicitor Czizek on petition of Julia Clark re- questing the suspension of the 1931 tax on Lots 3 and 1 / 2 of Lot 4 Sub. Out Lot 682, presented with no recommendation. Councilman Kane moved the tax on Lot 3 of Out Lot 682 be sus- pended as requested but that tax on 1 /2 of Lot 4 of Out Lot 682 be not suspended and the Board of Supervisors to be notified of the ac- tion of the City Council. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Thompson. Nays —None. Absent — Councilman Schuckert. Verbal report of City Solicitor Czizek on petition of Lawrence Wisher requesting the suspension of taxes on N. % of Lot 53 East Du- buque Addition, presented with no recommendation. Councilman Thompson moved that the prayer of the petitioner be not granted and the Board of Supervis- ors to be notified of the action of the City Council. Seconded by Coun- cilman McEvoy. Carried by the fol- lowing vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Thompson. Nays —None. Absent — Councilman Schuckert. Verbal report of City Solicitor Czizek on petition of John Lyons requesting the suspension of taxes on Lot 7 Prospect Hill Addition, presented with no recommendation. Councilman Kane moved that the prayer of the petitioner be not grant- ed and the Board of Supervisors to be notified of the action of the City Council. Seconded by Council - man McEvoy. Carried by the fol- lowing vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Thompson. Nays — None. Absent— Councilman Schuckert. of the District Court to secure the proper release. Seconded by Coun- cilman McEvoy. Carried by the fol- lowing vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Thompson. Nays —None. Absent— Councilman Schuckert. Mr. Norman Bull addressed the Council requesting that the City or- der the construction of permanent sidewalks in front of the vacant lots on Avoca Street between Delaware Street and east end of Cherry Street. No action taken. Councilman McEvoy moved that the following World War Veterans who have petitioned the Council for free licenses to peddle, John Wer- singer, Mike Pussateri, Gus Zuccaro and Jos. Amodeo be granted free licenses for the fiscal year. Sec- onded by Councilman Kane. Car- ried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Thompson. Nays —None. Absent — Councilman Schuckert. There being no further business, Councilman McEvoy moved to ad- journ. Seconded by Councilman Thompson. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Thompson. Nays —None. Absent — Councilman Schuckert. J. J. SHEA, City Clerk. Approved ..........._....... ..._._...._...._...._.....1932. Adopted _..._._...._......._ ...._...._................1932. Councilmen Attest: ...._ Special Session, May 25th, 1932 m. • • 1 124 Special Session, May 25th, 1932 Verbal report of City Solicitor Czizek on petition of James M. Hed- ley requesting the cancellation of taxes on Lot 1 of 24, Linehan Park Addition, presented with no recom- mendation. Councilman Kane moved that the prayer of the petitioner be ndt granted and the Board of Supervis- ors to be notified of the action of the City Council. Seconded by Coun- cilman McEvoy. Carried by the fol- lowing vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Thompson. Nays —None. Absent — Councilman Schuckert. Verbal report of City Solicitor Czizek on. petition of William J. Kramer, requesting the suspension of the 1931 tax on Lot 2 of 49 and all of Lot 50, Burden and Lawther's Addition, presented with no recom- mendation. Councilman McEvoy moved that the prayer of the petitioner be grant- ed and the Board of Supervisors to be notified of the action of the City Council. Seconded by Councilman Kane. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Thompson. Nays —None. Absent — Councilman Schuckert. Verbal report of City Solicitor Czizek on petition of Roy McDon- nell requesting the suspension of the 1931 taxes on Lot 2 Sub. 1 of 2 of 1 of Min. Lot 343 presented with no recommendation. Councilman Kane moved that the prayer of the petitioner be granted and the Board of Supervisors to be notified of the action of the City Council. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Thompson. Nays —None. Absent— Councilman Schuckert. Verbal report of City Solicitor Czizek on claim of Elizabeth Grabow in the sum of $75.00 for injuries sustained in falling on icy walk in front of St. Columbkille's Church and recommending that said claim be received and . filed, as City has no legal liability, presented. Councilman Kane moved that the recommendation of the City Solic- itor be approved and that the claim be received and filed. Seconded by Councilman Thompson. Carried by the following vote: Yeas —Mayor Andelfinger, Council- men Kane, McEvoy, Thompson. Nays —None. Absent — Councilman 1Schuckert. ORDER In the District Court of Iowa in and for Dubuque County. In the matter of the estate of Merlin K. Kalloway, minor. On this 19th day of May, 1932, on the application of Theodore Kal- loway, as father of the above named minor, who is under fourteen years of age, for his appointment as guardian for the sole purpose of ef- fecting an adjustment with the City of Dubuque under claim filed with said City for damages incident to injury sustained by said minor under circumstances set out in the applica- tion, and it being found that, under the facts, the question of liability of the City is deemed very doubtful, and that it would be to the interests of the said minor to accept the pro - position of adjustment offered by said City in the sum of $350.00, it is now ordered that the said Theo- dore Kalloway be and he is hereby appointed as guardian for the sole purpose of executing a full and com- plete release to said City of Du- buque covering all claims incident to said injury in behalf of the said minor upon payment of the sum of $350.00 by said City, said amount to be applied as follows in full re- lease and discharge of all demands of the distributees named: Finley Hospital, Dubuque, Ia....$ 16.00 Dr. J. C. Kassmeyer, Dubuque, Ia. 12.00 Drs. Theo. Scharle and J. M Walker, Dubuque, Ia., in common 200.00 Theodore Kalloway, father, for expense in re -care of minor E. H. Willging, attorney, for services, and Clerk of Court for costs 60.00 72.00 Total $350.00 The amount payable by the said City is to be paid to the Clerk of said Court, and upon filing with him receipts showing distribution as above specified and distribution by the Clerk there under, the duties of the guardian shall be deemed ter- minated and the guardian is relieved of the necessity of filing bond, the guardian to make final report show- ing compliance with the orders here- in contained. P. J. NELSON, Judge of said Court. Councilman Kane moved that the Court Order be made a matter of record and that a warrant in the sum of $350.00 ordered drawn on the City Treasurer in favor of R. P. Marshall, Clerk of the District Court in settlement in full of the claim of Merlin K. Kalloway, the ' Clerk