HomeMy WebLinkAbout08-12-1924F 622
Minutes of s Special Meeting of the .Common Council of the City
of Rochester, Minnesota, held in the Council Chambers, in the City Hall, in
said City, on Au m st 12th, 1924, at 7 : 30 o' clo ek• P.M.
Meeting called to order by President Weeks.
Roll Call: Present: Weeks, Cook, Kitzman, Newhouse, Wright,
Absvnt: Lemmon, Roeder.
The call for the Special Meeting was read; said meeting being
called for the purpose of consideration of the application of R. M. Graen,
for Co. C., 205th Infantry, for permits to hold, give and conduct public
dances in the National Guard Armory on August 12th, 14th and 15th, 1924, and
such other business as the said Common Council might deem proper.
The application of R. M. Graen for permit to hold, give and
conduct the above mentioned public dances, was read.
The report of the Health Officer for the City Farm for the
month of July 1921, showing receipts in the amount of $1731.76, disbursements
in the amount of $'11 ,
67 29 and a balance on hand of5372.63, was read, and
j President Weeks ordered that the same be placed on file.
The .report of the City Weighmaster for the month of July 1924
showing fees collected in the amount of $16.00, was read, and President
i Weeks referred the same to the Finance Committee.
The reports of Cj, H. Ellison, Justice of the Peace of the
Second bard, showing that there was no action started in his coubt during
the months of June and July 19241, were each separately read, and President
Weeks ordered that the same be placed on file.
The report of the Milk Inspector for the week ending August
9th, 1924. was read, and President Weeks ordered that the same be placed on
file.
Alderman Roeder came in at this time and took his Chair.
The general balance sheet of the City of Rochester, Minne sot a,
as at July 31st, 19241, prepared by the City Clerk, was laid before the
Common Council and motion by Newhouse second by Cook carried that the same be
accepted and placed on file.
The application of G. E. Fordham for a taxi license, was read.,
and motion by Kitzman second by Newhouse carried that a license be granted.
The appointment by the Mayor of Julius Mundt as a Special
Patrolman in the Police Department of said City for the period August 7th,
1924, to August 13th, ' 1924, inclusive, was read, and President Weeks ordered
that the same be placed on file.
The appointment by the Mayor of Paul Waggoner, Wilson E. Dieter
and Frank Stoppel, as : Special Patrolmen in the Police Department of said City
for the period August llth, 1924, to August 15th, 1924, inclusive, and the
623
appointment by the ?.Aayor of E. Ce Jorgenson, Patrick Lynaugh, Thomas O'Connor) James
A. Joslin, butts Hansen, Ce C. Engelbart, Adam J. Henry and John A. Varsh, as Special
Patrolmen in the Police Department of said City for the period August 12th, 1924, to
August 15th, 19249 inclusive, and the appointment by the Acting Mayor of B. A. Dieter
and James F. O'Connor, as Special Patrolmen in the Police Department of said City
for the period of August 12th, 1924, to August 15th, 19249 were each separately read.,
and. President Weeks ordered that the same be placed on file.
Motion by Cook second by Kitzman carried that the certified checks of the
unsuccessful bidders on the furnishing of thirty to sixty thousand gallons of heavy
oil or tar be returned to theme
Mod ion by Newhouse second by Cook carried that the sum ,of $1e99 be appro-
priated from the Musical Entertainment Fund and paid to Lentger, Treasurer of
the Rochester Park Band, as balance of Fund for the furnishing of free musical
entertainment to the general public.
Motion by Cook second by Wright carried that the autoigobile polioy No.
W 143831 covering the Dodge Roadster formerly in use in the Fire Department, be
canceled and that the City Clerk be instructed to collect the unearned premium there-
on.
Motion by Kitzman second by Roeder carried that insurance policies Nose
423940 and 423941 covering fire and tornado insurance on City blarm property be
canceled and that the City Clerk be instructed to collect the unearned premium on
the said policies,
Alderman Kitzman introduced a resolution granting permit.to Co. C.,,,- 205th
Infantry, to hold, give and conduct public dances in the National guard Armory on
August 12th, 14th and 15th, 19241, and fixing the fee at the total sum of $3.00 . which
was recede
Upon motion by Roeder second by Wright that the said resolution be adopted
as read, and all voting in favor thereof, President Weeks declared the said resolu-
tion duly passed and adopted.
Motion by Cook second by Newhouse carried that it is the recommendation of
this Common Council that the $827,03 in the Permanent Improvement Fund which repre-
sents interest collectioils from Library Addition Finds, $437,43 thereof being inter-
est collected an savings account and $389.60 thereof being net interest collected
on the. investment of Library Addition Funds, be invested at the best rate of interest
available, and that the City Clerk be instructed to notify the Sinking Fund Com-
missioners accordingly,
Alderman Cook introduced a resolution appropriating $1000*00 from the
Permanent Improvement Revolving Fund for use of the Street and Alley. Committee, which
was read.
Upon motion by Cook second by Roeder that the said resolution be adopted
as read, and all voting in favor thereof, President Weeks declared the s4id resolu-
Lion duly passed and adopted.
Alderman Newhouse introduced a resolution appropriating
$1827.24 from the Lighting Fund and ordering payment made to the Public
:�. Utility Fund for July 1924, public lighting in accordance with sworn bill-
ing made by Sarah. T. Kumm, Assistant Secretary, of the Public, Utility Board,
under date of August 5th, 19219 which was read.
Upon motion by Aright second by Roeder that the said resolution
i be adopted as read,' and all voting in favor. thereof, President Weeks declar-
ed the said resolution duly passed and adopted.
j The following ruling relative to official publications, was
f _read, and. motion by Newhouse second by Cook carried that the same be accept-
f
ed and placed on fi 1 e :
i
" Rochester, Minn.
3 i August 9th, 1924.
Mr. A. F. Wright,
City Clerk,
Rochester, Vinne sot`a.
Dear Sir:
In answer to your questions of August 7th and July 31st; would
say that; in each case most of these questions would have to be answered by
t _
examination of a publication.
Taking your letter of July 31st, publication of the minutes,
it would only be a matter of their fulfilling their contract to publish
these minutes correctly and the publication is directory and not mandatory
upon the city and would not vitiate any particular act. But those things
that are required to be published by the Charter, upon which an official
act is taken, like ordinances or advertising for bids, should be practically
accurate.
A clerical error which, does not mislead would amount to a
Publication even in those cases.
Yow answering the letter of July 31st, would say that the word
' following printed as "folowing" would not mislead and not vitiate the publi-
cation. This would be true in regard the word Minnesota spelled "Minesota"
but special spelled "spection" and the publication 2000 published as 200
would be an error but if the publication is.directory and not mandatory, it
might do no harm.
i
As to the other words, Hall "hal" and alley "aley". I think it
would not vitiate Luny publication unless it was completely misleading. Of
course the publication of maternal as "material" is a complete variation.
7ii an ordinance or in a necessary publication, I think it would vitiate the
publication, in the, minutes it would cut no particular difference.
I wish to say that a definite opinion in eaehr_case would de-
pend upon the whole context and in each particular instance it miT)lt come
under a different construction as to whether it is suffteient or not. The
error of 200 for 2000, special written as "spection" and maternal as
"material" are definite errors and in a necessary publication, that is man-
datory and not directory, would be fatal.
�( Yours respectfully,
Thomas Fraser,
f/h City Attorney "
The
following
claims
were read, and motion
by Newhouse second
by Aright carried
that the
same be
allowed and that the
Mayor and City Clerk
625
u
be authorized. and directed to draw warrantz upon the City Treasurer and make pay-
ment accordingly:
From the General Fund: Tri- State Telephone! & Telegraph Co., ,1)47.55;
Stephen E. Bodenlot, 32.00; T. P. Hall, $2.50; Western Union Telegraph Co., $7.47;
The Liddle Hardware, $&75; Leo N. Herrick, $2.75; J. Dalsbo, $,7.00; Star Laundry,
$1.25; City of Rochester Water Department, $276.63;r Foster Battery Co., $$3.40; Amer,:
iean
Vailway Express
Co., $.44;
Those P.
Hall, $500;
H.
& H. Electric
Co., $.75 ;
Reid
Motor Co.; $1,00
; Hanson
Hardware
Co., $10.00;
The
Quality Print
Shop,$27.50;
Rochester Oil Co., $$23.55;Sehmidt Printing Co., $124.05; The Blakely Printing Co.,
$16.35 ; Yellow Cab Co.., $$16.50; Union National Bonk, $2.00; Rochester Electric Co.,
$.40; Schmidt Printing Co.•,. $8650; Miller - Davis Co., $11.65;, Schmidt Printing Co.,
$15.25; Standard Oil Co., $1:10; Rochester Oil Co., $$76*80; F. J.Lehner, $1.75;
From the Fire Protection Fund: Star Laundry, $13.40; West and Postier Co.,
$.21;
The Liddle Hardware $4,64;
Dodge Lumber and Fuel
Co., $21.10; F. J.
Paine Co.,
$.75;
Ellis Motor Co., $.55; C.
P. Fjerstad, * $3.30; F.
J. Lehner, $7.00;
Tri-State
Telephone & Telegraph Co., $6.00; Service Motor Co., $$2.75; J. Dalsbo, 1$5.00;
Schmidt Printing Co., $2.75; Rochester Oil Co., 019,90; E. A. Knowlton Co., $2.33;
Rochester Cylinder Grinding Works, $19.75; Maass and McAndrew Co., $32,00; Elmer Giem,
$33.50; Foster Battery Co., $1055; E. S. Gould, $52.50;
From the Street and Alley Fund: Tri-State Telephone & Telegraph Co., 4$.70;
East Side ' Garage, 09.25; Minnesota Highway Department, $6.44; 0. G. Hanson and Son,
$6.40; Ellis Motor Co., $7.55; The Liddle Hardware, 4.30; Priebe & Fratzke, $2.70;
August Anderson,003.55; G. P. Josikelyn and Son, $1.20; Dddge Lumber and Fuel Co.,
$38.21; Fo J. Lehner, $35,60; Rochester Oil Co., $95.61;
From the Sewer Fund: West and Postier Co., $$49.50; City of Rochester Light
Department, $$5.00; H. &He Electric Co., 044.46; F.. J. Lehner, $1.85;
From the Jig
Ianmnt
provement Fund: 0. W. Schroeder, $$57.42; Harold H. Craw-
ford, $95.70;
From the Patk Tmprovement Fund: Hayes - Lucas & Green, ',$75.50, Sullivan &
_ Harwick, $7.95; Rochester Ice & Fuel Co., '�11.58; Rochester Iron Works, $$.50; Peter
Henderson Co., $.915; Ellis Motor Co.,
$1.75; 0.
G.
Hanson and
Son,
$37.45; H. S.
I'..dams, $$.60; Southern Minnesota Gas &
Electric
Co.,
;Y�,55.50; C.
& N.W.Ry.
Co.,$2.05;
Priebe & Fratzke, $.95;
- The application of Alfred C. Schultz for a taxi license was read, and motion
by Newhouse second by Wright carried that the said application be referred to the
License Committee with instructions that the said Committee make report to this
Common Council, at the -next meeting thereof.
Upon motion by Wright second by Newhouse Council adjourned.
City Clerk*" .
I