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HomeMy WebLinkAbout12-10-1934566 Minixtes 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, at 7:30 o'clock P.M., on December 10th,1934. Meeting called to order by President Liddle. Roll Call. Present: Liddle, Amundsen, Fryer, Green, Lemmon, Millers Moody. Absent: None: Thts being the time and place fixed for the opening of proposals for the furnishing of a two ton truck for use of the Street and Alley Department of said City, the following proposals were opened and read% Ellis Motor Company: 2 ton Dodge chassis and cab, model K45, 140 inch wheel base, Wood hydraulic hoist and 7 foot body $1551:38, less $151.38 allowance for 1930 Dodge truck, net $1400.00; Model C40 145" wheel base, 2 to 3 ton truck, type S24 body, Wood D7 or St -Paul 37UBS hoist, $1633.389 less $100*00 allowance for 1930 Dodge truck, net .�1533.38; Model C359 136" wheel base, 1� to 2 ton truck, type S24 2 yard dump body, Wood D6 or St.Paul 36WRS. hoist $1319038, less • h + $100.00 allowance for 1930 Dodge truck, net $1219.38-; -Rolhester Auto Market Studebaker T6419 $1754 00 , less $250 *00 allowance for 1930 Dodge truck, net $1504:00; Rog A. Banta:, Diamond T. Model 1935, 220 series,$15700*009 less $40000 allowance for 1930 Dodge truck, net $117000: President Liddle referred the said quotations to the City Engineer for tabulation -and recommendations. Bert Whiting asked for the use of the Community Raom�the first Tuesday in each month for Isaac Walton League meetings, 67 and upon motion by Lemmon second by Green, this request was granted subject to that organization taking care of the extra compensation allowed the City Hall Custodians of $1.00 per night for Community Room services. The report of the City Weighmaster for the month of November, 1934, showing weighing fees collected in the amount of $34.,30 was read and President Liddle referred the same to the Finance Committee. The report of the City Treasurer showing $265210.81 as being on hand November 30th91934 9 was read and President Liddle ordered that the same be placed on file: The report of the Clerk of the Municipal Court for the week ending December 3rd,1934 , showing criminal fines collected $322,85, civil fees received $21.859 conciliation court fees received $2600, and Olmsted County check received in the amount of $340659 for October 91934,municipal court fees, court costs charged to Olmsted County $10075, and .fines collected due to Olmsted County $110.009 and for the week ending December 10,1934, showing criminal fines collected $215.90, civil fees received $13 35, conciliation court fees $1.00,` and court costs charged to Olmsted County $3.859 were each read, and President Liddle referred the same to the City Attorney., Upon motion by Amundsen second by Fryer the sum of 1110.00 was approprdat.ed from the General Fund and it was ordered that the said stun be paid to Olmsted County,Minnesota, for local Municipal Court fines collected due to Olmsted County. 0 The report of the Health Officer for the City Farm for the wont) of November919349 showing receipts $8.559 disbursements $543:839 and balance on hand $128972, was read, as was 'the statement of hogs on hand, which statement showed 436 on hand November lst,1934, 11 died November 2nd to 27th,19349 thus leaving 427 on hand December 1919349 and President Liddle ordered that the said statement and report be placed on file. Balance sheet, income statements,etc.9 prepared by the Secretary of the Public Utility Board and submitted as a report of the Public Utility Board for the month ending November 30th91934, were laid before the , Common Council, and President Liddle ordered that the same: be placed on file; the for the month of November,l 349 said income statements showing a net profit in the Light Department/of $8096.37, a F' 568 net income of $5332449 net profit for the 8 months of this fiscal year of $52829.589 net income $36926.90; the net profit in the Water Department for November,19349- was $3631 08, the net income $3252.299 the net profit for the 8 months was 331392.22, and for the a months a net income loss of $11,108.37; the Steam Heating Department net income for the month of Novenber,19349 was $407.24, and for the r3 months of this fiscal Year $741.82. The following copies of resolutions passed and adopted by the Sinking Func Dommission, were each read and upon motion by Moody, second by Fryer the actions set forth therein were each approved: "Be it resolved by the Commissioners of the Sinking Fund of the City of Rochester, Minnesota: . �I That the sum of $54940 25 is hereby appropriated II from the Sinking Fund of said City and it is ordered that the said sum I �I be paid to the First National Bank of' Rochester, Minnesota, for $59000000 State of Minnesota, 4�% Rural Credit Bonds purchased from the George C. Jones Agency, Inc., of Minneapolis, Minnesota, and forwarded through the said First National Bank, maturing July 15th91943; $5,000.00 of the said �! sum being for principal on the said bonds, $403 C0 premium on a 3 40% I basis, and $91.25 accrued interest due December 11th91934; $5403.00 of this appropriation to be from Code 5 Sinking Fund, $9145 to be from Code 7 Sinking Fund. " "Be it resolved by the Commissioners of the Sinking Fund of the City of Rohhester, Minnesota: i ( That the sum of $179000Q00 is hereby appropriated it from the Sinking Fund of said City and paid to the First National ' Bank of Rochester, Minnesota, for City of Rochester 5% Electric Light Bonds 299 to 310 inclusive, maturing January 1st ,1935, $12 9000.00 and for the January lst,91935 maturity of City .of Rochester, Minnesota$ 4�% Water Works Bonds Nos. 86 to 90 inclusive, $5,000 00; $12,000.00 of the said appropriation to be from Code 13 Sinking Fund, and 05,000.00 from Code 14 Sinking Fund.* "Bt it resolved by the Commissioners of the Sinking Fund of the City of Rochester, Minnesota: 'ghat the sum of $109825400 is hereby appropriated fray the Interest Fund of said City amd it is ordered that the said sum be paid to the First National Bank of Rochester, Minnesota, for the January lst,19359 maturity of interest on City of Rochester, Minnesota, 5% Electric .Light Bonds No s.299 to 650 inclusive, $8800000 and the January 1,1935, maturity of interest on City of Ro cl�ester,Minnesota, 4-gl % Water Works Bonds Nos. 86 to 175 inclusive $2025.00; $880040 of.the said sum to be from Code 4 Interest Fund, and $ 2025.00 from Code 5 Interest Fund." 569 I "Be it resolved by the Commissioners of the Sinking Fund of the City of Rochester, Minnesota: That -the sum of $1290000'00 is hereby appropriated from the Sinking Fund Code 5, and it is ordered that the said sum be'Paid to the Sinking Fund, Code 13 to transfer uninvested Electric Light Investment Sinking Funds so that the same may apply on payment of Electric Light Bond maturities, and Be it further resolved by the Sinking Fund Commission: That the sum of $1100400 is appropriated from the Sinking Fund, Code 21, and it is ordered that the said sum be paid to the Sinking Fund Code 149 as transfer of uninvested Water Works Bonds Investment funds to make the same available for payment of Water Works Bond maturities. " "Be it resolved by the Commissioners of the Sinking Fund of the City of Rochester, Minnesota: That the sum of $7513,001 be appropriated from the Sinking Fund Code 79 and it is hereby 'ordered that the said sum be paid to the Interest Fund Code 49 as a transfer of interest accumulations on Electric Light Bond investments, to make the same available for payment of interest maturities on electric light bonds, and Be it further resolved by the said Commissioners of the Sinking Fund: That the sum of $575.77 be appropriated from Code 22 Sinking Fund, and tt is hereby ordered that the said sum be paid to Code 51 Interest Fund, for transfer of interest accumulations on Water Works Bonds investments to make the same available for interest maturities on Water Works bonds." Circular letters No�8 and 9, issued to distributors of gasoline in Minnesota, issued by the Minnesota Price• Stabelization Committee under date. of December 4th,19349 were each read, .and President Liddle ordered that the same be placed on file: The following copy of resolution passed and adopted by the Public Utility Board was read and President Liddle ordered that the same be placed on file: "WHEREAS, the Public Utility Board did under date of September 18,1934 9 award a contract to L.M.Feller for Tail Race excavation at the Hydro - Electric Plant and which contract was substantiated by an emergency order dated September 249' 1934s from the Mayor of the City of Rochester authorizing such expenditure, and WHEREAS, said L.M.Feller has presented a bill in the amount of $1865.34 for the work performed under said contract and emergency order, and WHEREAS, the City Attorney of the City of Rochest er,Minnesota, has presented the following opinion concerning said payment under date of December 3, 1934: 570 ! 'You are advised that some time ago Mayor Reiter signed an emergency order authorizing the Utility Board to do some excavating in the Tail Race of the Hydro -Electric Station limiting �! the expenditure for that PurPose.to the sum of $88040. You are also advised that L.M.Feller kas engaged by the Board to do the work and that after the work was completed a bill was rendered by Mr.Feller in the sum of $1865.34, which was in excess of the emergency order authorization. �i You inquire as to whether or not the City of Rochester must pay the full amount of the bill as rendered by Mr. Feller or is liable only for the extent of the authorization in the emergency order: While the bill as rendered is in excess of the authorization and illegal under the provisions of the charter, still if the work was actually done by Mr• Feller and the city received or will receive the benefits thereof, Mr• Feller is entitled to receive from the city the amount of his bill. The City of Rochester has previously been involved in law suits involving exactly the question you raise here and in both cases has been held by the court to pay the amount of the illegal bill for the reason that the services, commodities or benefits were actually received by the city.' and "WHEREAS, the amount of $8800,%00 was paid to the said L.M.Feller under date of November 16,1934: THPREFORE, be it and it is hereby resolved by the Public Utility Board of the City of Rochester ,Minnesotag that the balance in the amount of $985 , 34 be and is hereby paid to L.M.Fe ller as full and 4 e final settlement for the work performed under the said project and that the Hon. Common Council be requested to authorize said paymenti" A. A. Hicks, local Manager, Glenn Be Sanberg from the Omaha Office, and James L.Griffin, Measurement Engineer from the Omaha Office, were before the Common Council as repr"entat ives of the Minnesota Northern Natural Gas Company, pursuant to action taken at a .ommon _.Council meeting December 391934, requesting that local gas Company representatives be before this meeting with an ,explanation of why there should be such a wide range between the high .and the low in the gas .tests taken by the local Building, Electrical and Plumbing Inspector. In the discussion it developed, thbt possibly the local testing equipment is not working efficiently in the testing of natural gays and further that most must be careful consideration/taken of the effect that room temperature, etc. , might have in the calculations to arrive at the B.T.U. content, and accordingly it was agreed that the local gas company representation andthe Building, Electrical and Plumbing Inspector would meet the following morning for a verification of the proper working of the gas testing machine, and as to whether the Building, Electrical and Plumbing Inspector has a thorough knowledge of the formulas used in the testing calculations. The following gas test report was read and President Liddle ordered that the same be placed on file: " DEPARTMENT OF BUILDING INSPECTION City of Ro chest er ,Minnesota 0 Dec. 10 1934 Gas report from Dec. 6 to Dec. 10 Dec.6 2-45 P.M. 1040 B.T.U. DeC:6 8-45 A.M. 1030 , , Dece10 10-45 A.M. - 885 „ Deco-10 2-00 P.M. 895- „ Dec.10 2- 30 P.M. 920 Alvin F. Benike Bldg. Electl. & Plmbg. Insp. " The following report by the City Engineer on the two ton truck bids was read and President Liddle ordered that the same be placed on file: a f . Hone- Mayor & Common Council Gentlemen: "Rochester, Minn. Dec. 109 1934 I herewith submit tabulation of bids for furnishing to the City of Rochester, One Two -Ton Truck with Two -Cubic Yard -Dump Body, and Hydraulic Hoist Contractor Address. Truck complete as specified, 2 to 3 ton 1633.36 Allowed as trade-in value of City -owned Mode1.30--1� ton Dodge Truck- Motor DD 27-28-29 Serial 8471368 1 $ 190.00 Paul Daly - Int Hary Co. C it y Net amount of bid after deducting trade-in bid of 30-1� ton Dodge Truck $1533.38 Contractor Rochester Auto Market Address City Truck complete as specified, Stude T641 1754.00 Allowed as trade-in value of City -owned Model 30-1� ton Dodge Truck -Motor DD 27-28-29 Serial 84.71368 _ 250.00 Net amount. of bid after deducting t redo- in bid of 30-1� ton Dodge Truck $ 1504.00 s 1 572 Contractor Ellis Motor Co by Earl Ellis Address City Truck complete as specified, Dodge K 45 $ 1551038 Allowed as trade-in value of City -owned Model 30-1� ton Dodge Truck- Motor DD 27-28-29 Serial 8471368 $ 151.38 Net amount of bid after deducting trade-in bid of 30-1� ton Dodge Truck 1400 00 Contractor Roy A Banta Address City Truck complete as specified, D.T. 1935 200 series_$1570.00- Allowed as trade-in value of City -owned - Model 30-1- ton Dodge Truck- Motor DD• . - 27-28-29 Serial 8471368 - 400900 Net amount of bid afters deducting trade-in bldl,4f .30-1� ton Dodge Truck $1170000 I can only recommend that the low bid be accepted: Respectfully C:+H.Armstrong City Engr. " The following copie of communications between the City Engineer's office and the State Engineer P.W.A.Off. ice,were each read, and President Liddle ordered that the same be placed on f ile: Federal Emergency Administration of Public Works State Advisory Board State Engr: P W A: 205 Uptown P O. & c o p- y Federal Courts Bldg. , StPaul,Minnesota Bec.49 1934. Mri C.H Ar mstTong City Engineer i Rochester., Minn: Re: Docket N o.1473 Rochester, Minn. Sewers & Bridges Dear Sir: We have received your letter of November 22nd with reference to the apparent non-compliance in connection with the contract of C. C.Pagenhart and M.E. Souther: 11 11 573 Our records on this subject show that we have received no request for approval'of an extension of time for the completion of this contract. If the City Council was of the opinion that Pagenhart & Souther were entitled to an extension of time for the completion of their contract without- liquidating damages, they should by resolution authorize such an extension of time, ,±. Eluding in that resolution the reason for waiving the liquidating damage a Lause. On presentation of this information, this office obuld then t;-.ke action as to the approval of this time extension. Your letter does not state whether or not .the City Council has taken any action on this matter• It is not the intention of this office to give the impression that we expect the City to demand liquidating damages from the contr .ctor, if the Council is of the opinion that there was a good reason for extension of time because of delay in the construction, Which was not due to the fault or negligence of the contractor. Your reply on the subject of rate of pay of the First Assistant City Engineer does not explain the classification of this employe. It appears to be question as to whether or not he is a professional or- sub - Professional employe. The question can be cleared by a statement from you as to the nature of the work, the duties performed, and the responsibility involved in the work of this employe on this P.W.A. project. A definite settlement of both of these matters is required in order to make clearance for payment of a P.W.A. grant for this project. Copy Mr. Wm. N. Carey State Engineer, P.W.A. 205-Pederal Uptown Bldg. St.Paul, Minn. Dear Sir: Very truly yours, Wm. N . Carey, State Engr. P.W. A. " "Dec. 59 1934 Re: P.W.A. Docket No.1473 Sewers & Bridges I acknowledge receipt of your letter of the 4th inst., in the matter of liquidated damages re -the Pagenhart and Souther contract. This matter will be referred to the Common Council at the meeting Dec.l.Oth, and I shall immediately advise you of the action of the Council. In the matter of Mr• George Edward Stewart, lst Asst. City Engineer, I beg to advise that his position is non-professional. the duties performed while working part time as inspector on the Christensen Sewer Contract, consisted acting as rodman, chainman and pipe inspector• The inspection of the laying, bedding, grading and aligning of the pipe in the trench. The average number of pipe laid each day, seldom exceeding ten pieces•of pipe. 574 A copy of your letter and also of this letter- is being furnished each member of. the Council and Mayor CHA; ad which was read: Sincerely. City Engineer." Alderman Fryer introduced the following resolution "WHEREAS, the Contract dated December 16 ,1933 9 with C. C.Pagenhart and TA.E. Souther, Inc. , for the construction of a bridge on Fourth Street Southeast, over the Zumbro River, under Job 18059 provided that work should be commenced on or before December 10th,1933, and that the work should be prosecuted so that the same might be completed on or before May 1,1934; and ' . WHEREAS, the contract ;with C.C.Pagenhart and M.E. Souther, Inc., dated December 13th,1933, .for the construction of a bridge on Fourteenth Street Northwest over Cascade Creek, under Job 18069 pro- vided that work should be commenced on or before December 10th,19339 nd that the work should he prosecuted so that it might be completed on or before May 1,1934, and WHEREAS, The construction of the bridge on Fourth Street Southeast over the Zumbro River was ofici.ally completed (P.W.A. ) Aug.2591934, and the bridge on Fourteenth Street Northwest over Cascade Creek x,Tas officially completed (P.W.A.) Auc . 25 91934) and WffFTYFAS, in the case of the Fourth Street Southeast bridge the contract provisions allow the deduction of $25.00 per day for each and every day elapsing between the time stip,416t ed for completion and the actual date of completion, and WHEREAS, the contract provisions for the Fourteenth Street Northwest bridge allow for the deduction of 120000 per day for each and every day elapsing between the time stipulated for the completion and the actual date of completion, and I �I WHEREAS, the Common Council of the City of Rochester, Minnesota, are of the opinion V-Lat the liquidating damage clauses in it each of these contracts should be waived as the delay in the completion it of the construction of each bridge was not due to the fault or negligence jof the contractor; . SO TI.tEREFORE, Be it resolved by the Common Council of the City of Rochester, Minnesota: That the liquidating damage clause in the contract of C• C.Pagenhart . and M.F. Sout her, Inc-9 for the construction of a bridge on Fourth Street Southeast over the Zumbro River, under Job No.16059 and the liquidating damage clause in the contract ,,Tith C.C.Pagenhart and M.E.Souther, Inc., for the construction of the Fourteenth Street Northwest bridge over Cascade Creek, under Job 1305, be both waived and th-at- both be of no effect as to the consideration of damages accrued .from, the delay in the c amplet ion of either or any of these bridge contracts, subject to approval of Wm. N. Carey, State Engineer, P.W.A. Upon motion by Lennon 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. Upon motion by Lemmon second by Fryer,the City Clerk was instructed to furnish the City Engineer with a certified copy of the resolution ihext above and ask that he -.present the same to Wm. N. Carey, State Engineer, P.W. A. , with request that he approve or disapprove the waiver of the liquidated damage clause set forth therein. Alderman Amundsen introduced a resolution appropriating 3937.61 from the P.W.A.Docket #1473 Fund, (Code 3) and ordering payment made to the General Fund, Code 18, as return of temporary transfer, which was read. Upon motion by Lemmon.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 Amundsen introduced the following resolution,which was l read: "Be it resolved by the Common Council of the City of Rochester, Minnesota: That the sum of $952.99 be and the said sun is hereby appropri at d from the P.W.A.Docket #1473 (Code 1) Fund of said City and ordered paid to C.C.Pagenh r and M.E.Souther, Inc-9 as partial payment on final estimate on contract for the construction of a bridge on Fourth Street Southeast over the Zumbro River, under Job 1805. The Mayor and City Clerk are .hereby authorized and directed to draw a warrant for said sum upon the City Treasurer in accordance herewith, and cause said payment to be made. " 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 s said resolution duly passed and adopted. Alderman Fryer introduced the following resolution,which was "Be it resolved by the Common Council of the City of Rochester, Minnesota: 576 That the sum of -11274.28 be and the said sum is f hereby appropriated from the P.W.A.Docket #1473 Fund (Code 2) of said City and ordered paid to C. C.Pagenhart and TA.F. Souther, Inc. , as partial payment on final estimate for construction of a bridge on Fourteenth Street North- �I west over Cascade Creek, under Job 1806. The Mayor and City Clerk are hereby authorized and directed to draw a warrant for said sum upon the City Treasurer in accordance herewith, and cause said payment to be made. " Upon motion by Moody second by Amundsen that the said resolution be adopted as read, and all voting in favor thereof, President Liddle declared the. said resolution duly passed and adopted. 7 Alderman Miller introduced the following resolution which was read: "Be it resolved by the Common Council of the City of Rochester, Minnesota: That the sum of �218.64 be and the said sum is =r„ hereby appropriated from the P.W.A.Docket #1473 Fund (Code 3) of said City and ordered paid to Christensen Contractors, Inc., as partial payment on final estimate for construction of trunk line sanitary sewer in Broadway Street North and South from Fourth Street Northeast,ay. to Third Street Southeast , under Job 1807. The Mayor and City Clerk are hereby authorized P �Y. and directed to draw a warrant for said sum upon the City Treasurer in accordance herewith, and cause said payment to be made.".;:`` Upon motion by Moody second by Fryer that the said I` resolution be adopted as read, and all voting in favor thereof, President Liddle declared the said resolution duly passed and adopted."? z: n. Upon motion by Lemmon second by Amundsen further x. action In the matter of award of contract for a two ton truck for use of s the Street and Alley Department was adjourned and continued to 7:30 o'clock P.M., December 17th,1934. A circular letter from Wm. N. Carey, State Engineer, P.W.A., asking for reply to the following questionaire was read and President Liddle referred the same to the Mayor for reply with request hat he place a copy thereof in the local official records: 577 " Minn.., December 1934. To W. N. Carey, State Engineer, P.W.A. 205 Uptown P.O. & Federal Courts Bldg., St.Paul, Minnesota. e The following answers are understood to represent unofficial personal opinions and are furnished only as information requested by an agent of the Federal Governnent. (Signature of person who answers the questions) 1. Name of City, Town or Village: 2. Does your municipality contemplate any public improvement in the near future? 3. If you do contemplate some public works improvement, please state nature of improvement, such as waterworks, sewers, school, city hall, etc., and give estimated cost or costs. 4. Can you, without hardship to your community, carry out your proposed public improvement during 1935 without Federal financial assistance of some kind? 5. Would you be likely to proceed with the public improvements listed under question No.3 above if you could borrow from the Federal Goverrment at _4� the money to pay the cost of the project and receive in addition a Federal grant of 30% of the construction cost? 6. If Congress should abandon the existing loan and grant plan for aiding the financing of non Federal public works and should offer to loan your community necessary construction funds at THREE per cent interest, but to give no grant, would you proceed with the improvements contemplated? 7. Is your community now receiving Federal Relief money through F.E.R.A. , S.E.R.A., or other Federal relief agencies? B. REMARKS: (Please give below any general information which might be helpful. Other side of this sheet may be used) . " Ackno�gledgement from the family of `August H. Rutz of the express] of sympathy extended by the Mayor and Aldermen was read and President Liddle ordered that the same be placed on file. The following authority by!,tke Mayor was read and President Liddle ordered that the same be placed on file: " Dec. 49 1934 Mr. C. H. Armstrong City Engineer City Dear Sir: It having been made to appear that it is to the best interests of the Public, that the Snow Removal Equipment be operated as continuously as is practical during the process of removing snow from the city streets, and that .on 1578 t 0 the City Equipment be operated by persons fully acquainted with the equipment; and the use thereof, I, as Mayor of the City of Rochester, Minnesota, do issue the following Emergency Order: You may employ the skilled men now in your employ to the extent of not to exceed 120 hours in any one calender month, in the operation of snow removal equipment. Such 120. hours per mont)r may be continuously, or such time as may become necessary to best serve the public interests. This holds good until March 1,1935. Yours very truly, Julius J. Reiter Mayor. " The following request was read and President Liddle ordered that the same be placed on file: ",Office of CHAS. H. AW,4STRONG, City Engineer Rochester,Minnesota Dec. 7, 1934 Hon. Mayor & Common Council Gentlemen: I beg to request that $500.'00 be appropriated to the Street & Alley Fund, for use of the Street & Alley Committee, and also,that $1000.00 be appropriated to the Sewer Fund for use o:f the Sewer Committee. Yours respectfully, C . Ho ATmst rong City Engineer." President Liddle referred the matter of the maturity of the mortgage held by E.H.Vine on the Williams Estate business property building to the Finance Committee and the Supervisor, Henry 0. Christensen, for their consideration of what amount may be paid upon the principal and *hkt rate:: of -interest shall be p;.id on the part renewed; the said mortgage having an unpaid balance of $3200.00 drawing interest at 6% an maturing January 9th91935. The City Clerk mentioned that consideration should be taken of an attempt to have the State legislature at its 1935 session appropriate the Rochester State Hospital share of the City of Rochester $5700.00 settlement w ith Activated Sludge, Inc., and accordingly motion by Lemmon second by Fryer carried that the City Clerk confer with N+}tt t L s�•_, r G U nAFY. " Senator Wm. B. Richardson, City. Dear Senator: " December 11, 1934. 5 The City of Rochester was compelled to pay $570o.00 { to Activated Sludge, Inc., for infringement and past and future ruse of the aeration principle for sewage disposal and the Common Council, at the meeting held last evening asked me to request of you that your attention be given to the adoption of the proper legislation that will place $677.73 into the Rochester State .,,iHospital budget as their share of the settlement of that suit. k.i I will appret3ate the opportunity of explaining this matter to you further, and thanking you in advance for your efforts toward getting a bill through that will reimburse us for the State >y of Minnesota share. Yours truly, A.F. Wright A1'��ls City Clerk. It R similar letter was addressed to Mr. J.A. McIntosh, Representative. Ll 579 Mr. John Miner, Steward of .the Rochester State Hospitals Senator Wn. B. Richardson, and Representative J. A. McIntosh, relative to, securing action along, that line, from which order he addressed them as follows: " December 1191934 . Mr. John Miner, Steward, Rochester' State Hospital, City. , \ `Dear Sir: V ' The Common Council of this City in connection with the operation of the local sewage disposal plant were compelled to pay $5700000 to Activated Sludge, Inc., for -past- and future use and infringement on their patent rights for aeration principle of sewage disposal. At the meeting of the Common Council held last evening, I was instructed to take up the matter with, you and ask that in your preparation of the 1935-1936 budget for the local State Hospital operation you include $677.73 as being -the State of Minnesota's share in this extraordinary charge to sewage disposal plant operation. Thanking you for your consideration of this request and awaiting your call for further information on the subject, I am Yours truly, A. F. Wright City, Clerk. " Upon motion by Green second' by Amundsen the sum of $75.00 was appropriated from the, Street and Alley Fund and. it was ordered that the said sum be paid to Mrs. Linda Randall as compensation for the death of Chas. Randall, during the period October 2591934 to December 12919349 inclusive. The following claims were read and upon motion by Lemmon second by Amundsen, the 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 Dr. D. C. Lochead $9.10 , Weber & Judd Co.$35.70, Health Office Intact Office Fund $10.37, Saint Mary's Hospital :�?55.00, i Saint Mary's Hospital $47.509 Saint Mary's +Hospital $17.509 Fullerton Lumber Co. $5.1$, Western Union $5.80, Capitol Eat Shop No.2 $94.259 General Fund Code 28 $6.37, Roy A. Banta $19.259 Postier & Kruger Co. $40,759 General Fund Code 28 $45.36, West Motor Co. $1.259 Co -Operative Oil Co. $.659 Automotive Service Co. $1.30 s Yellow Cab Co. $.25, Nelson Tire Service, Inc. $.509 Western Union $2.039 Peace Officer Equipment Co. $150.100, i Peace Officer Equipment Co. $150.00, Rochester Post -Bulletin $132.40, Mrs. Olive R. 'Jones $3.339 H. S. Adams $9.15, Yellow Cab Co. $.90, General Fund, Code 28 $6.72, Dodge Lumber & Fuel -Company $2.079 James Emery $.25, Robert Buckingham $.259 H. V. Smith & Co. $1.90, Thos. Moulding- Floor V,'.• 116.50, Acme Chemical Co. $3.15, Co-Operatiwe Oil Co. $6.00, Quality Print Shop $23.00, F w F. W. Woolworth Co. $2.201 Tri-State Telephone & Telegraph Co. 112440; From the Street and Alley Fund: Geo. Befort $21.25, Henry Grassle 144.50, T. E. Barber $5.00, M. Nelsen $8.051 I it From the Fire Protection Fund: Rochester Auto Parts $21.51, F. W. Woolworth Coo $6640 9 Fullerton Lumber Co. 15.45, Dodge Lumber & Fuel Co. $92.219 F, A. Knowlton Co. $63.209 M.Nelsen $3.68, Roy A. Banta $6.62, Postier & Kruger Co. �22.87t The Sanitary Co. $22.25, The Rochester Laundry $21.669 Devlin's $.70, C. W. Olson Mfg. Co. 017.50; From the Park Imr-rovement Fund: Botsford Lumber Co. $62.809 Chas. Baldwin $6.009 Geo. Hentges $414751, Rochester Plumbing & Heating Co. $.40, Rochester Ice & Fuel Co. •$95:04, H. S. Adams $3.10, i (I General Fund, Code 28 $70.431 Weber & Judd Co. $2050, Quality Print Shop $4.009 Baihly's Cash Market $3.48, Dodge Lumber & Fuel Co. 163.89, Toro Manuf-acturing Co. $50*89, Toro Manufacturing Co. $19.129 Rochester Auto Parts $2.=1.84, K. & M. Auto Parts $10 00 , J. Co Thompson Co. •$, 2.60 , Motor Sales & Service Co. $20079 Nelson Tire Service, Inc. $1000, Winona Machine & Foundry Co. 4;k42.00, Quality Print Shop t3.75, 'T'ratzke Brothers $7.57, Paulinp Holt and Wm. Luecke $90.83981mprGiem $1.509'Dalsbo Electric Co. $6.72 9 Hanson Hardware Co. 1.209 00 G. Hanson & Son .92.90, Fogarty & McConnell $7.80 , 0. W. Schroeder $10:60 , Art Nachreine r �20-60 , The Community Oil Co. $6.379 Tri-State Telephone & Telegraph Co. $12450, Rochester Laboratories, Inc. $3060, City of Rochester, Light Department H. & H. Electric Co. $.60 gMayo Clinic $2240, City of Rochester, Light Department $14.009 Tri-State Telephone & Telegraph Co. $0.0.70, From the Lighting Fund: Sewer Fund 11.009 City of Rochester, Light Department $5.00� From the P.W. A. Docket #1473 171un d: Christensen Con- t racto rs, Inc. $ 37.93) II From the Frank. E. Williams Estate Fund: City of Roches- Ilter,Light Department $7.341, Claude Electric Co. $.25, Manson Hardware Co. $5.40. 1 1 1- 581 Alderman Limon introduced a resolution approPriating 12120.00 from the Permanent Improvement Revolving Fund and ordering payment made to the First National Bank of Rochester, Minnesota, .for the December 31,19349 maturity of City of Rochester 4% Permanent Improvement Revolving Fund Bonds Nos. 60 to 61, 12,000.00 and for interest due December 31st91934, on that issue of bonds Nos. 60 to 65 inclusive 120.00 , which was read. , Upon motion by Fryer second ly Amundsen that the,said resolu- tion 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 $854.00 from the Park Improvement Fund and ordering payment made to the Mayo Trust Fund for payrolls for labor during the weeks ending November 30th,1934, and December 7th919349 which was read. Upon motion by Amundsen second by Green that the said resolutioi 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 $5,000.00 from the. Street , and Alley Fund and $19000.00 from the Sewer Fund both for use of the Street and Alley Committee of said City,which was read. Upon motion by Moody second by Amundsen, that the said resolu- tion be adopted as read; and all voting in favor thereof, President Liddle declared the said resolution duly passed and adopted. Alderman Fryer introduced the following resolution,which was read: "Be it resolved by the Common Council of the City of Rochester, Minnesota: That the Public Utility Board be and the said Board is hereby authorized to pay L.M.Feller $985.34 as balance due on claim made in connection witt excavation, etc., at the tail race of the Hydro -Electric Power dam in accordance with the following quoted resolution request made by the Public Utility Board: 'WHEREAS, the Public Utility Board did under date of September 1891934, award a contract to L.M.Feller for Tail Race excavation at the Hydro-Elect3 Plant and .which contract was substantiated by an emergency order dated September 24,1934, from the Mayor of the City of Rochester authorizing such expenditure, and WHEREAS, said.L.M-.Feller has presented a bill in the amount of 186:5.34 for the work performed under said contract and emergency order, and c 582 WRPREAS, the City Attorney of the City of Rochester, Minnesota, has presented the following opinion concerning said payment undo date of December 3,1934: 'You are advised that some time ago Mayor Reiter signed an, mnergency order authorizing the Uti lity Board to do some excavating in the Tail Race of the Hydro -Electric Station limiting the expenditure for that purpose to the sum of $1 860.00. You are also advised that L.V-Feller was engaged by the Board to do the work an(I that after the work was completed a bill was rendered by Mr. Feller in the sum of 1865.349 which was in excess of the emergency order authorization. You inquire as to whether or not the City of Rochester must pay the -full amount of the bill as rendered by Mr. Feller or is liable only for the extent of the authorization in the emergency orders While the bill as rendered is in excess of the authorization and illegal under the provisions of the Charter, still it the work were actually done by Mr.Feller and the city received or will receive the benefits thereof., Mr. Feller is entitled to receive from the City the amount of his bill. The City of Rochester has previously been Involved in law suits involving exactly the �;uestion you raise here and in both cases has been hdld by the court to pay the amount, of the illegal bill for the reason that the services, commodities or benefits were actually received by the City.' and VVVEREAS, the amount of $880 0-00 was paid to the said L.M.Feller under date of November 16,1934. THEREFORE, Be it and it is hereby resolved by the Public Utility Board of the City of Rochester, Minnesota, that the balance in the amount of $985.34 be and is hereby paid to L.M.Feller as full and final settlement for the work performed under the said project and that the Icon. Common Council be requested to authorize said payment.' Upon motion by Amundsen second by Fryer that the said resolution be adopted as read, and all voting in favor thereof, Pre;>ident Liddle declared the said resolution duly passed and ad6pted. Alderman Moody introduced the follo*ing resolution, which was read: "Be it resolved by the Common Council of the City of Rochester, Minnesota: That. the Public Utility Board of said City be -and the said Board is hereby authorized and directed to make appropriations from the Pu,-)lic Utility Fund of said City to the Sinking Fund of said City, and the Interest Fund of said City as follows: $1266.99 to the Interest Fund, Code 49 as balance due on the January lst,19359 maturity of interest on City of Rochester, 5% Electric Light Bonds Nos. 299 to 650 inclusive; 01449.23 to the Interest Fund, Code 59 as balance due on January 1st ,19351, maturity of interest on City of Rochester, 4-2'4 Water Works Bonds Nos. 86 to 1759 and %13900.00 to Sinking Fund, Code 14% as balance due on the January lst,1935, maturity of City of Rochester, 42-% Water Works Bonds Nos. 86 to 90 inclusive." Upon motion by Lemmon 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. It became known that an ordinance to amend an ordinance entitled, An Ordinance licensing and regulating circuses, dog and pony shows, carnivals and tent shows, within the City of Rochester, Minnesota," the same being Ordinance 11o.349 of the City of Rochester, Minnesota, which had its first reading Nove-nber 26th,1934,-4ter, �a-vi.n, been introduced by Alderman Fryer, did not receive the second reading scheduled to be had at the Common Council meeting December 3919349 and accordingly Alderman Fryer made request that this proposed ordinance be withdrawn. Upon motion by Green second by Amundsen Alderman Fryer's requ was granted and the said ordinance with withdrawn. Alderman Amundsen introduced an ordinance to amend an ordinance entitled, "An Ordinance licensing and regulating circuses, dog and pony shows, carnivals and tent shows, within the City of Rochester," the same being Ordinance No. 349 of the City of Rochester, Minnesota, which was given its first reading. Upon motion by Lemmon second by Moody the rules were suspended and the said ordinance was given its second reading. Upon motion by Fryer second by Green the City Clerk was author- ized and directed to go before the Btate Engineer P.W.A., for instructions relative to making application for new P.W.A. grant. Upon motion by Moody second by Green the Common Council adjournec to December 17th,1934.