HomeMy WebLinkAbout03-28-19380
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Minutes of an adjourned regular meeting of the Common Council
of the City of Rochester, Minnesota, held in the,Council Chambers in the
City Hall, in said City, on March 28th,1938.
President Liddle called the meeting to order at 7:30 o'clock P.M. ,
the following members being present: Liddle, Amundsen, Fryer, Green,
L ewmgn, Moody, Richman. Absent*. None. •
Upon motion by Richman second by Amundsen, the minutes of the
meetings rof .March 7th and 9th, were approved.
President Liddle stated this as being the time set for receiving
and opening bids for the purchase of $9,000.00 certificates of indebtednew
of the City of Rochester. The following bids were received and opened
at this time: Union National Bank of Rochester $9,013.33, First National
Bank of Rochester, $9,009.80.
Alderman Amundsen introduced a resolution accepting the bird and
offer of the Union National Bank for the purchase of $9,000.00 City of
Rochester 214 Certificates of Indebted4ess, dated March.31,19389 for the
sum og $q,013.33, said certificates to be numbered 46 to 54,both inclusive,
and,autho-j�iz�ng the Mayor and City Clerk to execute and deliver said
certificates to the purchaser thereof on the payment of said purchase
price.. •
Upon.motion bX Fryee second by Moody, that the said resolution
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be adopted.as read, and all voting in favor thereof, President Liddle
declargd the said resolution duly passed and adopted.
Upon motion by Green second by Moody the City Clerk was authorized
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to xeturn the certifiec c2}eck to the First National Bank which accompanied
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their proposal. r 91 r , . ,
• Mr. Harold Stewart -representing the Junior Chamber. of Commerce
was before the common Council asking for as appropriation for music for
the Gypsy Frolic to be,given for the 4H Clubs'on April 29th and 30th..
• On motion by Green second by Fryer the sum of $75.00 was appro
priatdd from Code 4 of the*Band Fund to be used for •musicab above set forth
• ` • Mary Louise Desbiens was before the: Council regarding the con-
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dit ion of the buildings situated. on Lot 39Block 39 McCullough's Addition
to the City of Rochester, and President Liddle referred t4e,matter to
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the Chiet of the Fire Department and the Building,Electricals& Plumbing Inspector.
Mr. Joseph Mackey was before the Council regarding an offer bhich he
had made to donate certain right-of-way for street, near Slatterly Park, said
matter having been referred to the Street and Alley Committee and the City Engineer,
Alderman Green reported orally that the City would accept such a right-of-way but
any grading on said street would have to be done under special assessments.
Mr. Corlis Ellis, representing the automobile dealers association of
the City of Rochester, was before the Council and submitted a draft of a proposed
ordinance covering licenses for used car dealers and President Liddle referred the
said proposed ordinance to the City Attorney.
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Mr. H. J. Kruse was before the Council regarding the refusal of
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the Building Inspector to issue a permit for an addition to the buildings situated
.on Lot 11, Block 5,Kutzky's. Addition, because of not sufficient side yard space.
Onmotion by Green second by Moody the matter was referred to the
Board of Zoning. •
Upon motion by Fryer second by Green the matter of the.number and
width of driveways was referred to the Street and Alley Committee, the City
Engineer, and the City Attorney, said Committee to draft an amendment to the said
ordinance.
A communication signed by Mrs. F. Potratz, et. al., regarding an
assessment for cutting weeds on their property was read, and President Liddle
ordered that the same be placed on file, and that the matter would be considered
at the neat meeting of the Common Council, and at that time Mr. J.F.McCadams,
weed Inspector will bepresent.
Mr. Guy C. Menefee, representing the Board of Public Health and
welfare was before the Council asking for an appropriation of $150.00 to continue
the services of a case worker,and also stated that the Mayo Properties Association;
had offered the old library building for use of the said board.
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On motion by Lemmon second by Amundsen, the sum of $150.00 was
appropriated from Code 18 of the General Fund for use of the Board of Public Health
and welfare Board in continuing the services of a case worker, and the matter of
the use of the old library building was referred to the Public Grounds Committee.
Mr. Harold Akenhead, representing a committee of residents of North
Rochester was before the Council and requested the Council to rescind their action {
in granting the -Peoples Co-operative Power Company authority to use certain publie
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A notice of claim of Ellen O'Rieley for injuries alleged to have been.
caused by falling on certain icy sidewalks in the City of Rochester, was read, and
Epmrstdentobiddle referred .the same to the City Attorney.
A pgtitJon signed by E. E. Harkness representing that he is the owner
of the South half of Lot 11, and allot Lot 12, in Block 45, Original Plat of the
City of Rochester, Minnesota, and that said tract of land is now classified and
placed as mutiple dwelling by Section 4 of the Zoning Ordinance of said City, and all
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asking that the classification of said property be changed to a commercial district:
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j' upon motion by won second by Fryer the said petition was referred to
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the Board of Zoning.
The following communication was read, and President Liddle ordered
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that the same be placed on file:
"March 28 ,1938.
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Honorable Mayor and Common Council,
City of Rochester, Minnesota. ;
Gentlemen:
The Board of Zoning of the City of Rochester, met in the
Council ClIambers, in the City Hall, in said City, on March 14th,1938,
at 7:30 o'clock P.M., to consider the petitions of Floyd E. Plein and
Elvira M. Plein, to,change the classification of the S.91.87feet of
the N.131.15 feet of Loot 101, Auditor's Plat "A" from a residential
-to a commercial district, which had been referred to them by your
Honorable Body, and after due consideration, the said Board recommended
that said pet i7t ions be granted.
Respectfully submitted,
• i THE BOARD OFF ZOaVING W THE
City of Rochester. Minnesota.
By Amiel L. Glabe, Is
. ,Secretary. C
• - An application signed by Herman Drornack for a license to connect with
sewers and drains, together with. a surety bond in t)ie sups of $1.,000.QO , with the
Employers Liability and Assurance Corporation as surety, were each separately
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read, and upon motion by Richman,second by RYchman, the license was granted, the
bond accepted, the surety thereon accepted, and it was -ordered that the same be
pleced''orn file.
The surety bond in the sum o•f 0500.00 of Frank E.Roth as City Justice, i
Ethel Baa*erreich Bray in the sum of $500.00 as JustYce of the Peace of the Third
ward; and O.E.McCoy .in the sum of $500.00' as 'Constable of the Second ward, each with
the Fidelity & Casu'alty' Company of New York as surety, and Edmond L.Schweppe in the
as Justice of Peace of the First ward,
sum of $500.00/with the United States Fidelity & Guaranty'Company as surety were
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I� each separately read, and on motion by Lemmon second by Moody, the bonds
were approved, the sureties thereon accepted, and it was ordered that the
I; same be placed oxf file. '
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The bond of Arthur A.Brown; in the sum of 019000.00 covering an
electrician's license, *Lt-,,h':the western Surety Company as surety was read,
and on motion by Lemmon second by Moody, the bond was approved, the
surety thereon accepted and it was ordered that the same be placed on file.
A petition signed by Orrie D. Smith, et. al., representing that
they are a majority of the owners of lots 1 to 25 in Block 1, and the
east half of Block 2, west Lfiiwn Addition, petitioning that said property
be annexed to the City of Rochester, was read, and President Liddle
ordered that the same be placed on file, and referred to the City Attorney.
The following claims were read, and upon motion by Amundsen
second by Fryer, &nd all voting in favor thereof, $he same were allowed
and the Mayor and City Clerk were authorized and directed to draw warrants
upon the City Treasurer and make payments accordingly:
From the General Fund: Schnorr's Auto Service $8.28, Tri-State
Telephone Company 323.15, whiting Press $10.50, Chicago Great western
Railroad Co. $.55, Tydol Station $1.709 Clements Chevrolet Co. $20.20,
Stoltz Motoas $4.00, Goodrich Company $6.25, Louis J.Claude $6.209
Orcutt Sign Shop $.759 National Lead Company $12.00 9 City of Rochester
Steam Dept. $186.55, Tri-State Telephone Company $51135, Arleigh C.Smith
$25.00, Tom Moody $6.85, City of Rochester, Light and water Dept. $39.60,
R'im Puryear $45.00, Contingent Fund Municipal Court $2.00, Minnesota
Northern Natural Gas Co. $2.70, Minnesota Northerh Natural Gas Co. $7.83,
H. V.• Smith & Co. $82.50 9 wm. Behnken $2.50 , witte Transportation Co. $1.03
R.C.Drips Grocer Co. $27.00,Inter.Association of Electrical Inspectors,
$4.00, woodhouse Brothers $7.00, Municipal Supply Company $10.11, witte
Transportation Co. $.50, General Fund, Code 18 $3.64;
From the Street and Alley Fund: witte Transpdrt6ation Co. $.659
City of Rockester,Light Dept. $2.34, Flour City Brush Company $9.80,
woodhouse Brothers 8.409 Street and Alley Code 1 $4.14;
From the Sewer Fund: City of Rochester, Light Dept. $25.359
wm.C.k'raser & Son $14.00, Tri-State Telephone Co. $5.75, City of Rochester
Light Dept. $54.45;
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From the Fire Protection Fund: Standard Oil CAmpany $18.70, National
Bushing & Parts Co. $57.809 Tri-State'telephone & Telegraph Co. $16.359 Buffalo
Fire Appliance Corp $98.959 National Fire Protection Assn. $1.50, C. G. Braxmar
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Co. $3.009 Little Bear Specialti-es,Co.Inc.$ 2.24;
From the Park Improvement Fund: Tti-State Telephone Co. $10.75,
J. Rommel $24.00, Dr. Geo.L.Joyce $6.009 City of Rochester,Light Dept. $12.00, The
Schmidt Printing Co. $11.159 Yaughi-9 Seed Store $20.85McCormick Deering Store 8.81;
From the Lighting Fund: City of Rochester, Light Dept. $3.% ,City of
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Rochester, Light Dept. $6.75; i
From the F.E*William's Estate Fund: City of Rochester, Light and
Water Depts. $20.619 Kruse Lumber Co. $8.009 Simon Stensrud $125.43;
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From the Sinking Fund: Sinking Fund,Code 20 $.80, First National
Bank $11. 95 ; �
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From the Interest Fund: Interest Fund Code 3 $12.22. '
Alderman Moody introduced a resolution filing a hearing on the petitions
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of Floyd E.Plein and Elvira M.Plein, for change in zoning classification of part
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of Lot 101 Auditor's Plat "A", for 7:30 o'clock P.M., on April llth,19389Which Was
read.
Upon motion by Green second by Fryer,that the said resolution be ;
adopted as read, and all voting in favor thereof, President Liddle declared the
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said resolution duly passed and adopted.
Alderman Moody introduced the folloWing resolution,Which Was read:
"WHEREAS, By resolution dated October 24th,19321, the Public Utility
Board of said City Was authorized to pay 10% of the gross income f'nom the operation,
of the light and Water departments of said City into the City Treasury for general
taxation purposes, and
WHEREAS, in determining the amount of the 1937 tax levy, the distribu-
tion of said income tax to the various funds for said City Was taken into consider-:
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at ion;
NOW"THEREFORE,.Be it and it is hereby resolved by the Common Council
of the City of Rochester, Minnesota:
That beginning With the March.31st91938 payment of said income tax and
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continuing for period of twelve months, the distribution of said tax to the
various funds of said City be made in the percentages as folloWs to -Wit:
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General Fund 50%
Street and Alley 9% Interest Fund 2.2%
Fire Protection Fund 12.5% Sinking Fund 5.6%
SeWer Fund 6% Band Fund 1%
Lighting 8% Park Improvement Fund 2% "
Library $3.7%
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,Upon motion by. Fryer second by Amundsen,that the said resolution
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be adopted as re4d, and all voting in ,favor thereof. President Liddle
declared the said resolution duly passed and adopted.
Alderman Moody introduced the folloWing resolution,Which Was
li r ead:
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"WHEREAS, there is an uncollected tax balance of .0148.09 in
' Code 22 of the SeWer'Fund, and an uncollected tax balance of $1.61 in
Code 3 of the Sinking Fund, and
WHEREAS, the projects for Which said levies Were made have been
completed,
NOW THEREFORE, Be it and it is hereby resolved by the Common
Council of the City of Rochester; Minnesota: 1
That the uncollected tax balance in Code 22 of the SeWer Fund
be transferred to Code 23 of said Fund, and the uncollected tax balance
in Code 3 of the Sinking Fund be transferred to Code 20 of said Fund.
Be it further resolved: That the City Clerk be and he is hereby
authorized to make the necessary entries on the tax levy record to
complete the transfer of said uncollected balances."
Upon motion by Lemmon second by Moody -that thei said resolution
be adopted as read, and all voting in favor thereof, President Lidd18
declared the said resolution duly passed and adopted.
Alderman Lemmon introduced the folloWing resoluti.on,Which Was
read:
"Be it resolved by the Common Council of the City of Rochester,
Minnesota:
That the folloWing temporary transfers heretofore made by the
said Common Council be and the same are hereby made permenont transfers
as folloWs:
From Code 18 General Fund to Code 7 General Fund $678.70;
From Code 18 Generai Fund to Code 15 General Fund $962.02;
From Code 18 General Fund to Code 1 Street and Alley Fund $2000.00;
From Code 18 General Fund to P.I.R.Fund $1899.99;
From Code 18 General Fund to Code 15 SeWer Fund $21.76;
From Code 18 General Fund to City Farm Fund $501.12;
Be it further resolved,bhat the City Clerk be and he is hereby
authorized to make the necessary entries to carry -out the provisions of
said resolution."
Upon motion by Green second by Fryer,that the said resolution
be adopted as read, and all voting in favor thereof, President Liddle de-
clared the said resolution duly passed and adopted.
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Alderman Lemon introduced a resolution appropriating 0.214.17 from
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Code 23 of the SeWer Fund and ordering payment made to Code 22 of -the Sealer Fund,
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for taking up overdraft., Which Was read.
Upbn motion by.Fryer second by Dreen,that the said resolution be
adopted as read, and all voting in favor thereof, President Liddle declared the
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said resolution duly passed and adopted.
Alderman Green'introduced a resolution appropriating $229.80 from the
SeWer Fund and ordering payment made to the National Bushing & Parts Co., for
� repairs for the Sewage Disposal P1ant,Which Was read.
Upon motion by Moody second by Lemmon,that the said resolution be
j adopted as read, and all voting in favor thereof, President Liddle declared the i
said resolution duly passed and adopted.
Alderman Green introduced a resolution appropriating $260.98 from the
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General Fund, Code 26, and ordering payment made to Code 18 General Fund, for
return of temporary transfer, Which Was read.
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Upon motion by Richman second by Moody that the said resolution be
adopted as read, and all voting in favor thereof, President Liddle declared the
said resolution duly passed and adopted.
Alderman Green introduced a resolution appropriating $315.00 from the
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Interest Fund and ordering payment made to the First National Bank, for interest
due March lst,1936, •on City of Rochester Repaving Bonds Nos.15 to 35,inclusive,
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Which Was read.
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Upon motion by Moody second by Lemmon,that the said resolution be
adopted as read, and all voting in favor thereof, President Liddle declared the i
said resolution duly passed and adopted.
Alderman Fryer introduced a resolution appropriating $395.05 from the
Park Improvement Fund and ordering payment made to the City of Rochester, Light
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Department, for labor and material erecting light line to Mayo Field Skating rink,
Whicll Was read.
Upon motion by Fryer second by Richman,that the said resolution be f
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adopted as read, and all voting in favor thereof, President Liddle declared the
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Vsaid resolution duly passed and adopted.
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I' Alderman Fryer introduced a resolution appropriating 1,409.75 for
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payment to the City of Rochester, Light and Water Departments for elec-
tricity and Water furnished at public buildings,'Which Was read.
Upon motion by Amundsen,second by Lemnon,that the said resolution
be adopted as read, and all voting in favor thereof, President Liddle
declared the said resolution duly passed and adopted.
. Alderman Amundsen introduced a resolution appropriating $499.00
from the General Fund, Code 18 to Code 3 of the Permanent Improvement
Fund, for transfer of funds for payment of lands purchased for
Warehouse site,Which Was read.
Upon motion bypOneen second by Richman,bhat the said resolution
be adopted as read, and all voting in favor thereof, President Liddle
declared the said resolution duly passed and adopted.
Alderman Amundsen introduced a resolution appropriating .1499.00
from Code 3, of the Permanent Improvement Fund and ordering payment
made to the Street and Alley Fund,Code 1, for return of temporary
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transfer, Which Was read.
Upon motion by Lemmon second by Fryer,that the said resolution
I be adopted as read, and all voting in favor thereof, President Liddle
declared the said resolution duly passed and adopted.
Alderman Amundsen introduced a resolution appropriating $692.32
from the Park Improvement Fund and ordering payment made to the Mayo
Trust Fund, for payrolls for labor during the first half of March,1938,
Which Was read.
Upon motion by Moody second by Fryer,that the said resolution
be adopted as read, and all voting in favor thereof, President Liddle
declared the said resolution duly passed and adopted.
Alderman Richman introduced a resolution appropriating $4584.76
from the Lighting Fund and ordering payment made to the City of Rochester,
Light Department,.for' lighting public streets and grounds, during Jan.and
Fehruary,1938,Which Was read.
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Upon motion by Fryer second by Moody,that the said resolution be
adopted as read, and,all voting in favor thereof, President Liddle declared the said
resolution duly passed and adopted.
Alderman Lfneen introduced a resolution appropriating $5,000.00 from
Street and Alley Fund, Code 4, and ordering payment made to Code 2 Street and
Alley Fund $4500.00 9 and to Code 3 Street and Alley Fund $500.00 for transfer to i
take up overdrafts, Which Was read.
Upon motion by Green second by Richman,that the said resolution be
adopted as read, and all voting in favor thereof, President Liddle declared the
said resolution duly passed and adopted.
An ordinance amending an ordinance entitled, an Ordinance regulating i
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the sale of intoxicating liquor Within the City of Rochester providing for such
sales by duly licensed persons, establishing regulations for the operation of places,
Where such intoxicating; liquor is sold, providing regulations for the granting of
such licenses, setting license fees providing penalties for the violation thereof,
and repealing all inconsistent ordinances This is an emergency ordinance rendered'
necessary for the preservation of the public peace,health and safety.", introduced
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and. given its first reading March 7th,1938, Was brought up for consideration.
On motion by Lemmon second by Green, and upon roll call all members
voting in favor thereof, the rules Were suspended and the said ordinance Was given
its second reading.' '
Upon motion by Moody second by Fryer, and upon roll call all members
voting in favor thereof, the rules Were suspended and the said ordinance Was given
its third and final reading. i
Upon motion by Green second by Fryer to adopt said ordinance as read,
and upon roll call all members voting in favor thereof, President Liddle declared
the said ordinance duly passed and adopted.
Upon motion by Lemmon second by Green, the City Attorney Was instructed'
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to prepare an amendment to the Zoning Ordinance changing the classification of the ,
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South 91.67 feet of the N.131.15 feet of Lot 101,Auditor's Plat "A" from a residen-
tial district to a commercial district.
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Upon motion by Moody second by Amundsen, the Mayor Was authorized
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to offer a reward of50.00 to be paid from the Mayor a Contingent Fund
for information tegding to the apprehention and conviction of the partiest`
Who damaged statues in Mayo Park and upon recommendation of the Chief
of Police` that no part of said .reward be paid .t o any police officer of
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said City.
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The folloWing Committee report Was read, and. President Liddle
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ordered that the same be placed on file:
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"March 28; 1938
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Hon.Mayor & Common Council
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Gentlemen:
The Committee appointed to investigate the installation
of Automatic Traffic Signals on BroadWay. Street, from 4th Street'
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to 2nd Street South and Center Street, reports that the
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Commissioner of Highways has agreed to pay 50% of the total cost,
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The City to get credit for materials they already have'.,w?
The City is to advertise for bids and Will be reimbursed
by the State.
Respectfully,
Benj. S.Green.s
Tom Moody
S.Smith 'Fryer,
Geo. Richman.'`'
Louis J.Claude,Chief of Police,
Arleigh C.Smith,City Engineer."
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Upon motion by Lemmon second.by Amundsen,t4he City Engineer Was
instructed to prepare plans and specifications• to be submitted to the
Common Council April 4th,1938,-for the installation, of traffic lights on
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South BroadWay.
Louis J. Claude Chief of f opkOdefor permission to purchase
,Police
four revolvers for use of the Police Department and upon motion by Lemmon
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second by Moody said request Was grgamOed to the Police -DeVxdttee.
Upon motion by Fryer second by Amundsen,the Common Council
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adjourned.
City Clerk.