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17.? feet ~f the west 87 feet, was read, considered, designated Resolution No. 3646 and passed by the following vote: Ayes, Trustees W.J.Cheney, Courtney R. Chandler, Allen A. Mandy, Virgil H. Reed, R. Carson Smithe Noes, Trustees None Absent, Trustees None In Re On motion of Trustee Mandy, seconded by Chandler and carried, the Request tm recommendation of the Better Business Bureau Division was approved solicit funds and request of The American Mission Army to solicit funds, was denied. In Re On motion of Trustee Mandy, seconded by Chandler and carried, Amendments t~ Zoning action was postponed for two weeks on adoption of Zoning Ordinance Ordinances approving applications of Fred E. Smith and Harold F~ed E. Smith -H.H. Greenwald H. Greenwald. On motion of Trustee Mandy, seconded by Cheney and carried, actio~ was postponed for two weeks on Ordinance amending Plumbing Ordinance to give the Council time to study same. On motion of Trustee Cheney, seconded by Reed and carried, the request of the Fox Laundry ~ Cleaners for a loading zone at 612 E. 4th St., was denied until such time as the driveway is closed. The retirement of Fire Chief John Luxembourger having become official, it was moved by Trustee Mandy and seconded by Reed that Elmer Gates be appointed Fire Chief. Before the motion was put to vote, Trustee Cheney stated that he wished to have his remarks recorded in the Minutes, which were as follows: "As we all know there is a great difference of opinion in the choice of a permane~ Fire Chief of this City. Our citizens are divided as to choice, also the Fire Department and City Council. Therefore, I wish to go on record that the honest way is to have a Civil Service examination and to choose one of the top three applicants for this important Dost." Mayor Smith questioned City Attorney Colwell on the legality of appointment without an examination and Mt. Colwell stated that the Civil Service Ordinance contradicts itself and believed the examination should be given but that the merit system might not be intended to apply to the Fire Chief's position and th~ appointment might be made without examination. Trustee Chandler stated that he was opposed to the appointment without examination and he would agree to the appointment by the Council if the Council could also dismiss the appointee at any time by the same procedure Mayor Smith stated that a written opinion had been given by the City Attorney placing the issue in doubt and he felt he could not approve the app~intment until the question of legality is settled. The motion was lost by the following vote: In Re Ord. amending Plumbing Ordinance In Re Loading zone Fox Laundry In Re Fire Chief In Re Improvement ~Flower St. btn 6th & 8th Ayes, Noes, Trustees A~len A. Mandy, Virgil H. Reed Trustees W.J. Cheney, Cou~tney R. Chandler, R. Carson Smith. On motion of Trustee Reed, seconded by Cheney and carried, the plmns as submitted by the City Engineer for the widening of North Flower Street, between 6th and 8th Streets, were approved.