HomeMy WebLinkAbout03-25-1936573
MAR 2 5 1936
Minutes of ,a speeiiil meeting of the Common Council of the City of
toehester; Minnesota, held in the Council Chambers; in the City Hello in said City,
A 7:30 o'.clock P. M� on March 259 1936e
cbmani
Meeting called to order by President Liddle
Roll Call. Presents Liddle, hamdsnn, Fryer; Green; Lemmon; Moody and
,The callfor the special meeting was read, said meeting having been
called for the purpose of considering and reconsidering proposed amendments to the
ordinances licensing and regulating the, sale of intoxicating liquors and non-intoxi-
eating malt liquors, and any other business the +CohiOn Council might de® proper •
Due to the fact that possibly all parties interested in the purpose
had not roadbed the Council Chambers �atthis time,
for which this special meeting was calleds-At ,was the unanimous consent of the Common
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Council that the miscellaneous business be taken care of prior to taking up the matt
for which this special meeting was' 'called
Notice of claim for damages by Anna, T.. Campion in the amount of
,120,000�00, injured by reason of a' fall on the sidewalk on the north side of Fifth
Street Southwest, at its intersection, with Fifth Avenue Southwest, on March 14, 1936;
and notioe of claim for damages by` Frank L:' Campion`, at' a' tote.l* amount of $75000-00;
$2500400 for hospital, nursing;
surgical and medical came end
expenses,
and $5,0000*00
for having been deprived of the
companionship and society of
said Axing
T. Campion,
were each read, and President Liddle referred the same to the City Attorneye
The following emergency authorization by the Mayor was read, and Presi-
dent Liddle ordered that the same be placed on file:
"March 189 19364
Miss Lillian R: Sveom,
City Clerk,
Rochester, Minnesota4
Dear Madam:
It .having been made to appear that there is an immediate
11 necessity for the purchase by the City of Rochester of approximately 109000
�i gallons of gasoline to place in the tank at the bulk station owned and opera-
ted by the City Filling Station for distribution to the various City depart-
s
ment s, and that the , delay occasioned by the advertisement for bids would
j cause great damage to the public interest, I hereby declare the existence of
ij an emergency in said matter and order; authorize and empower you as City Clerk
in charge of the purchh of gasoline for said purpose; to go into the open
market and purchase approximately 10,000 gallons of gasoline at a cost to
5 7 Z/�
MAR _ 1936
G
�1
the City of Rochester of approximately 112000 00®
You are herieby notified that this emergency order is given to
you under and in accordance with the provisions of Section 284 of the
Charter of the City of Rochester, ,Jinnenot a
Very truly yours;
W. A. Moore
Mayor of the City of
Rochester, Minnesota. "
The .following certificate by the County Auditor was read, and
on motion by Lemmon second by RicYman, the City Clerk was authorized to
9,djust her tax records accordingly:
"The following is a list of abatements affecting the tax
levies of
the City of Rochester:
1931
1932
1934
Revenue . . . . . . . . . . . .
. . $ 2.70
124177
218.92
Bridge . . . . . . . . . . . .
.. . . .15
1056
12086
Fire Protection . . . . . . . .
. . . 1�47
6.52
161.04
Interest . . . . . . . . . . .
. . . . ;28
1,79
17.69
Library . . . . . . . . . . . .
. . . ..29
1r86
36098
Lighting . . . . . . . . . . .
. . . . G60
7.54
70.74
Musical Entertainment .. . . . .
. . . 13
.60
13.67
Park Improvement
1439
5.23
12406
Pension & Relief . . . . . . .
. . 403
.37
50'.36
Permanent Improvement .
. .10
....
....
Sewer . ....
y47
3010
35.37
Sinking Fund . ..
.44
7.39
68.06
Street & All ey
OW
211
27.60'
8.93
50.84
792035
Total . . . .
. . . . . . .
. . . . . .
8524-12
Pmiei L3
Glabe.
March 131,1936
County Auditor:
"
The following ruling by the Attorney .General was read, and
President LIddle ordered that the same be placed on file:
"March 21, 1936
Mr. Irving L. Eckholdt
City Attorney,
Rochester, Minnesota
Dear Sir:
In your left)wto Attorney General H,sry H. Peterson you refer to
Chapt er 419 Laws 1933 ( Sec. 1973-1 Mason' s Minn: 1934 Sapp:) and ask if
a bank, dulydesignated "—a city depository thereunder, may deposit with
the treasurer of the city, inrlieu of the corporate or personal surety
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575 }
bonds required to be furnished, the sureties described herein, namely:
F Mortgage Federal Farm Mort a e Corporation 3 bonds, due May 16, 1944-49 '
1 Home Owner's Loan Corporation obligations4
�i On January. 219 1934s Congress established a corporation to be known
I� as the "Federal Farm Mortgage Corporation" and authorized such corporation to
issue certain'bonds and provided "Such bonds shall be fully and unconditionally
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guaranteed both as to interest and principal bit the United States and such
guaranty shall be expressed on the face thereof and such bonds shall be lawful
investments, and may be accepted ss security, for all fiduciary, trust, and pub-
�� lic. funds the investment or deposit of which shall be under the authority or con-
trol of the United States or any ogficer or officers thereof. " Sees: 1 and 4 (a)
of 7, 48 Stat: 344-345; Seesa 840-7a and 840-7d; Sapp. No. 3 Mason's U. S, Code;
12 USCA SAcs: 1020 and 1020ca j
On June 134 1933, Congress authorized and directed the Federal Home I
Loan Bank Board, created under -the Federal Home Loan Bank Acts "to cr eat e a `
o be known as the Home Owners' Loan Corporation, which shall be an
corporation t
II instrumentality of the United States."Seoa 4:(a) c. 644 48 Stat*, 129; Sec: 1464
Mason's U. S4 Code Sapp: No: 3; 12 USCA Seo. 1463a +
On April 249 1934; Congress enacted similar provisions as to, the
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y� guarantee of bonds issued by said $ome Owners' Loan Corporation that it had en-
acted relative to the guarantee of bonds that were to be issued by the Federal 1 ;�
Farm Mortgage Corporation and heretofore set forth: Saba c Sec: 19 ci 1689 48
Stata 643; Subda c Sec. 1464 Mason's II6, S. Code Supp4 No. 3; 12 USCA Sec. 1463c®
Section 1973-10 Mason's Minn: Sta 1927 (c.41,L.1933 and so far as
here materials provides:
"Any bank xxxxxxmay xxxx deposit xxxxx i
10) Such bonds$ (except bonds secured by real estate) certificates
of indebtedness or warrants xxx as are legally authorized invest- I�
n for savings banks under the laws of the states
(� invest-
ments s r g
24) of '.:the bonds of any of the insular possession of the United j
I
States:"
II ° Explanatory note: "Or" should be here used instead of "of" i
It is "or" both in ca 1739 L. 1925 and c. 370, L. 19299
I' being the r6riginal and subsequent enactment: "Of" as it
appears in said Section 1973-1 is patently a typographical error:
In the light of the foregoing, it is my opinion that your. question
should be, and it is, answered in the affirmative. The bonds above described
are "securities for the payment of which and interest thereon the faith of the
government is pledged:" Sub: 1 Sec*, 77149 Mason's Minn. Sto 19271
Yoilr s truly
HARRY H. PETERSON
Attorney General
' ^By Harry W Oehler
HWO:eo Assistant Attorney General "
The City Clerk reported the receipt of $143459 from the Franklin
Heating Station ad one-half cent per M on 28,717,000 cuo ft: of natural gas used
there during February, 1936 a
5
MAR 2:, 1936
21
The reports of the Clerk of Municipal 19ourt for the week ending
March 169 1936, showing criminal fines collected $226a80I civil fees re-
ceived 018:359 court costs charged to Olmsted County $7409 and for the week
ending March 239 1936, showing criminal fines collected 0105 40,9 civil fees
received $146719 conciliation court fees received $26"25; were each read,
and'President Lidd?.e ,referred -the sameto the City Attorneyo
x The. applicat ion of Earl 0: Wilder for a Driver's License, was read;
ae.d upon motion by Moody second by Amundsen, license was granteds
The applications of Cleox Rj Holland for public dance permits at
the Woodmax Hall.ox March 21st and 28th9 19369 were each read:
Alderman Amundsen introduced a resoilution granting public dance
permit to Cleon R: Holland, for the Woodman Hall, March 21st and 28th, 1936
and fixing the fee at $6iOOI which was read.
Upon mot ion' by Moody second by Lemnoh, that the saidresolut.ion be
adopted as read; and all votFing in favor thereof- President Liddle declared
the said resolution duly passed and adopted•
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_ unofficially
The City Attorney/read a proposed new Ordinance regulating the
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licensing and sale of non -intoxicating malt liquors.
F J. O'Brien*9 James T& Spillane, and Mrs: Lillian Doole appeared
before the Common ICouncil is regard t o these proposed Ordinance amendments.
Alderman Amundsen intndduodd an Ordinamee regulating the licensing
and sale of non -intoxicating malt liquors, prohibiting the sale thereof at
retail excdpt -in licensed premises, at certain hours, and to any person
under the age of 21 years, and repealing sll 'Ordinaneto or parts of Ordinance
inconsistent herewith9 which was given its fifst reading6
Upon motion by Lemmon second by Fryer, the rules were suspended,
and the said Ordinance was given itssecond readingi
unofficially
The City Attorney/read a proposed amendments to the intoxicating
liquor Ordinance
P: J. O'Brien and James T: Spillane were again heard on matters
577
Pertaining to this Ordinance amendment@
Alderman Moody introduced an Ordinance to amend an Ordinance entitled
"An Ordinance regulating the sale of intoxicating liquor within the City of Rochest
providing for such sales by duly licensed persons, establishing regulations for the
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operation of places where such intoxicating liquor is sold, providing regulations
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for the granting of such licenses, setting license fees; providing penalities for
the violation thereof, and repealing all inconsistent ordinances; which was gives
its first reading4
Upon motion by Moody second by Richman, the said Ordinance 'me given
its second reading4
Alderman Richman introduced an Ordinance repealing an Ordinance entitl
"An Ordinance regulating the license and sale of non -intoxicating malt liquors, pro-
p � P -
hibiting the sale therof at retail except in licensed premises and to any person
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ad
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under the age of twenty-one years of age, and repealing all ordinances or parts of
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Ordinances inconsistent herewith", and repealing all amendments to said Ordinance, and
also repealing an Ordinance entitled, "An Ordinance prohibiting the holder of any j
non -intoxicating or intoxicating liquor license, or for the owner or driver of any
lie conveyance to use any public street or alley on Sunday for the purpose of maki
delivery of such liquor" which was given its first reading:
Upon motion by Uemmon second by Moody, the rules were suspended, and
the said Ordinance was given its second reading:
The City Attornzy and Chief bf Police Were informally instructed to
draft a new "Pin and Ball Machine" Ordinance?:
Alderman Fryer brought up the question of a new garage on the
Williams Apartment building property, and it was informally left in the hands of
the Public Grounds Committee:
Upon motion by Amundsen second by FryeV, the Chief of the Fire
Department was authorized to advertise the (old) engine: -for sales
Upon motion by Fryer second by Lemmon, the Common Council adjourned.
City Clerk
Lem