Loading...
1929 January Council Proceedings1929 INDEX —Book 59 SUBJECT Z Feb. 4— Zoning Ordinance, communication from City Mgr. Mar. 25— Zemanek, Frank R., asking for reduction in as sessment for sanitary sewer in Avoca Street " 29— Zwack, Anton, renewal of contractor's bond April 26— Zillig, Adam, renewal sign bond May 24— Zoning and Planning Commission appointed Page 14 93, 115 99 142 182 Regular Session, January 7th, 1929 1 CITY COUNCIL (Official) Regular session Jan. 7th, 1929. Council met at 5:00 o'clock P. M. Present — City Manager Kratz, Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert and Yount. Absent —None. Mayor Maclay stated that this is the regular monthly meeting for the transaction of such business as may regularly come before the meeting. Grant of Easement Know all men by these presents: that for value received the under- signed, being the owner of lots 1, 2 and 3 of the subdivision of City Lot 741, City Lot 714 and Lots 36, 37 and 38 of Yates' Subdivision to the City of Dubuque, hereby grant and con- vey to the City of Dubuque, a municipal corporation of Iowa, a right of easement in, upon and across said lots in perpetuity for the purpose of maintaining and con- structing therein a sewer main, with the incidental rights of going upon said property at any time for the purpose of constructing, maintain- ing and repairing said main; pro- vided however that said City of Du- buque shall replace to as good con- dition as before disturbed any soil, lawn or shubbery that may be nec- essary to be disturbed in the con- struction, laying, maintaining or re- placing of said sewer main. The location of said sewer main shall be substantially as follows: Commencing at the southeast cor- ner of lot 1 of Sub. of City lot 741, thence north 62 degrees and 48 min- utes east 65.9 feet, thence north 41 degrees and 00 minutes east 301.2 feet, thence north 1 degree and 00 minutes east 102.5 feet, thence north 9 degrees and 55 minutes east 86.3 feet; thence north 23 degrees and 03 minutes east 433 feet to the in- tersection of West 16th and Cather- ine Streets. The easement hereby granted shall apply to the present owners and to their representatives, pur- chasers and assigns forever. COLUMBIA COLLEGE, By T. Conry. President, By A. R. Thier, Secretary. State of Iowa Dubuque County J ss. On this day of June, 1928, be- fore me as a Notary Public in and for Dubuque County, Iowa, person- ally appeared T. Conry and A. R. Thier to me personally known. who being by me duly sworn did say that they are the president and sec- retary respectively of said corpora- tion, Columbia College, that the seal affixed to said instrument is the seal of said corporation and that said instrument was signed and sealed on behalf of said Corporation by au- thority of its Board of Directors and the said President and Secretary ac- knowledged the execution of said instrument to be the voluntary act and deed of said Corporation by it voluntarily executed. L. E. PFIFFNER, Notary Public in and for Dubuque County, Iowa. Seal of Corporation. Councilman Schuckert moved that the Grant and Easement be received and filed for record, and the same be recorded.' Seconded by Councilman Yount. , Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Grant of Easement Know all men by these present: That in consideration of $1.00 in hand paid by the City of Dubuque, Iowa, a municipal corporation the receipt whereof is hereby acknowl- edged, the undersigned being the owner of lot 2 Woodlawn Park Ad- dition in the City of Dubuque, here- by grants and conveys to said City of Dubuque a perpetual right of easement in, over and across said lot 2 Woodlawn Park Addition, for the purpose of installing and main- taining a sanitary sewer, beginning at a point on the side of lot 2 Wood - lawn Park Add. 15.8 feet east of the S. W. corner of said lot, thence N. 72 degrees and 33 feet W. 20.5 feet to a point on the west line of said lot, 13.3 feet from the S. W. corner as per attached plat, with the right to go upon said premises at all reasonable times for the purpose of inspecting and repairing the same when installed; provided however, that said City of Dubuque shall re- place whatever earth, sod or shub- bery that may be disturbed in the installation or repair of said sani- tary sewer to as good condition as it was in before the same was dis- turbed. This grant and easement shall be binding upon the undersigned, his heirs, executors, administrators, purchasers and assigns forever. JOHN G. CHALMERS. State of Iowa Dubuque County J ss Be it remembered that on this 3rd day of January, 1929, personally ap- 2 Regular Session, January 7th, 1929 geared before me a, Notary Public, in and for Dubuque County, Iowa, John G. Chalmers, who is person- ally known to me and acknowledged that he executed the foregoing in- strument as his voluntary act and deed. ALLAN E. SIGMAN, Notary Public in and for Dubuque County, Iowa. (Seal) Councilman Meuser moved t hat the Grant and Easement be re- ceived and filed for record, and the same be recorded. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Communication from the Board of Supervisors, stating that owing to the present financial condition, the Bbard feels that it will be impossible to consider the constructing of any bridge across Catfish Creek. Councilman Meuser moved that the communication be received and filed. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Petition of property owners, ob- jecting to the improvement of Val- ley Street at this time, stating that on account of the low valuation of the property, the City will have to stand nearly all of the cost of said improvement. Signed by Geo. H. Schilling, Herman Meyerhoff, Wm. Corcoran, et al, (12 signers). Councilman McEvoy moved that the prayer of the petition be grant- ed. Seconded by Councilman Meus- er. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. January 7th, 1929. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have approved the following sign bonds and desire to have your ap- proval on same for filing. H. Trenkle Co., 1225 -27 Central Ave., Policy No. 431566, Continental Casualty Co. Schmitt Motor Co., 651 Central Ave., Continental Casualty Co. I have also approved the follow- ing plumbing and excavation bond and desire to have your approval on same for filing; Charles Pape & Son, 1361 Central Ave., National Union Indemnity Co. Respectfully submitted, O. A. KRATZ, City Manager. Councilman Schuckert moved that the report of the City Manager be approved and the bonds be filed for record. Seconded by Councilman Yount. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Council proceedings for the month of October presented for approval. Councilman Meuser moved that they be approved as printed and placed on file. Seconded by Coun- cilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Jan. 7th, 1929. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I am attaching hereto reports of the City Auditor, City Treasurer and the City Waterworks for the month of December, 1928. Very truly yours, O. A. KRATZ, City Manager. Councilman Schuckert moved that the report be approved and placed on file. Seconded by Councilman Yount. Carried by the following vote: Yeas - -Mayor Maclay, Councilmen McEvoy, Mouser, Schuckert, Yount. Nays.—None. Communication from the League of Iowa Municipalities, stating that the chief objects of the officers and legislative committee of the League for the coming Legislature is to se- cure a change in the law relating to the county read system so that the oxtentions of County roads through Cities and Towns shall be main- tained out of the County road fund, or that they shall be allowed out of the County road fund, a fixed amount per mile for maintaining these oxtentions. The County road fund secures a very Urge sum of money out of the gasoline tax, while cities and towns receive none of this ta and it is certainly a fair propo- sition that they 'should receive some benoilt from the gasoline tax. The plan suggested by the League :s to secure help for maintaining the e-- tendons of the County road system through the municipalities. The following resolution was pre - sented and read: Regular Session, January 7th, 1929 3 Resolution No. 3 - -29 Be it resolved by the City Council of tt City of Dubuque, that we em- ploy Frank G. Pierce to report to us on all matters before the Legis- lature in which cities and towns are interested, and the Clerk is hereby authorized to draw a warrant, in the sum of $25.00 in full paymenr, for all such services and that such warrant be at once mailed to Frank G. Pierce, Marshalltown, Iowa. Councilman McEvoy moved the adoption of the resolution Second- ed by Councilman Mouser. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Councilman Schuckert moved that the rules be suspended to allow any one present who wishes to do so to address the Council. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Mouser, Schuckert, Yount. Nays —None. W. H. Elfman, attorney in fact for Susie Olinger Straub and Paul F. Straub addressed the Council relative to the purchase by the City of Dubuque of the Juvenile Play- ground Property, commonly known as Olinger Park. Stating that the City agreed to have all the trans- actions of said purchase completed by December 15th, 1923, and he here- by asks that the City pay interest on the purchase price namely $27,500 from said date to the present date, January 7th, at the rate of 4 per cent which amounts to $73,60, that he had the deed ready to de- liver to the City since that date namely Dec. 15th, 1928. Councilman Meuser moved that the interest be allowed and the Aud- itor be instructed to draw a war- rant in the sum of $73.60, interest to be paid out of the Playground bond interest money. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. City Solicitor Czizek presented a Treasurer's deed to property de- scribed as the south ten feet of lot 16 Fairview Sub. to the City of Dubuque. Councilman Meuser moved that the deed be properly recorded and placed on file. Seconded by Council- man Schuckert. Carried by the fol- lowing vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Resolution No. 1 - 29 Resolution providing for the num- bering of ordinances and resolutions adopted by the City Council of the City of Dubuque. Whereas, it is deemed advisable by the City Council of the City of Dubuque that all ordinances and resolutions adopted by the City Council of said city be consecutively numbered as they are adopted and that the year in which the same are adopted be indicated by proper reference thereto, commencing with this resolution as number one and ending with the last ordinate or resolution adopted in any one year, in order that uniformity in the rec- ords of the adoption of such pro- ceedings may be established: Now therefore, Be it resolved by the City Coun- cil of said city that all ordinances and resolutions adopted by the City Council be numbered consecutively in each year and that the year in which the same are adopted be in- dicated by proper reference thereto, commencing with this resolution as Number One and ending with the last ordinance or resolution adopted in any one year, such numbering to be done by having the serial number immediately following the word "Resolution" or "Ordinance" then a dash, then the year abbreviated by giving the last two numbers thereof, all in the manner in which this reso- lution is numbered, and the City Clerk be and he is hereby directed to number such proceedings accord- ingly. Passed, adopted and approved this 7th day of January, 1929. JOHN H. MACLAY, Mayor. H. F. SCHUCKERT, WM. H. MEUSER, ED. McEVOY, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman McEvoy moved the adoption of the resolution. Second- ed by Councilman Schuckert. Car- ried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Resolution No. 2 -29 A resolution reclaiming all that portion of the Outer Levee lying easterly of Block 1 in Dubuque Har- bor Improvement Company's addition south of East 8th Street, and all that part of Tower Street in the City of Dubuque lying between Lot 1 in Block 8 and Lots 1 to 4 in Block 1. 4 Regular Session, January 7th, 1929 Dubuque Harbor Improvement Com- pany's Addition and extending north- erly of the alley between Commer- cial Street, (now East 7th Street) and 8th Street (now East 8th Street). Whereas, there exists some uncer- tainty in the records of the City Council of the City of Dubuque re- garding the title to the Outer Levee lying south of 8th Street, (now East 8th Street) and easterly of Block 1, Dubuque Harbor Improvement Coin - pany's Addition and in order to af- firm the rights and title of the City of Dubuque in and to said Outer Levee it is deemed necessary and advisable to declare the ownership and title of said Outer Levee to be in the City of Dubuque; and WHEREAS, in the years 1876 and 1888 Tower Street in the City of Du- buque was vacated by the City Coun- cil of said city and the right to use the same was granted to Ingram, Kennedy and Day and to their suc- cessors, Standard Lumber Company, this right, however, to terminate the expiration of 25 years or upon the abandonment of the use of the prem- ises abutting upon said street for manufacturing purposes for three consecutive years; and Whereas, said Standard Lumber Company did abandon such premises for manufacturing purposes in 1911 and M. H. McCarthy became the suc- cessor in interest in and to the real estate owned by said Standard Lum- ber Company and in 1916, by quit claim deed, said M. H. McCarthy pre- tended to convey his interest in and to said Tower Street to the Dubuque Electric Company, the predecessor of the Interstate Power Company, whereas, in truth and in fact, said M. H. McCarthy had no such title or interest in and to such vacated portion of Tower Street that he could convey the same to said Du- buque Electric Company; and Whereas, some confusion and un- certainty has arisen as to the right and title of the City of Dubuque in and to said vacated portion of Tow- er Street lying between Lot 1 in Block 8 and Lots 1 to 4 in Block 1, Dubuque Harbor Improvement Com- pany's Addition and extending nor- therly of the alley between Commer- cial Street (now East 7th Street) and 8th Street (now East 8th Street) and, Whereas, said M. H. McCarthy has since died and there is no one with authority to reconvey said Tower Street to the City of Dubuque, as provided for in the ordinance adopt- ed in 1888; and Whereas, it is deemed advisable by this Council to reclaim said va- cated portion of Tower Street and assert the right and title of the City of Dubuque in and to said va- cated portion of Tower Street in order that such right and title be established as against the adverse or conflicting claims of any other party. Now therefore be it resolved by the City Council of the City of Du- buque that the exclusive right and title to the Outer Levee be and the same is hereby affirmed and estab- lished in the City of Dubuque and any rights heretofore granted to any parties to the same or to the use thereof be and the same are hereby revoked. Be it further resolved that exclu- sive right and title in and to Tow- er Street lying between Lot 1 in Block 8 and Lots 1 to 4 in Block 1 Dubuque Harbor Improvement Com- pany's Addition and extending nor- therly of the alley between Com- mercial Street (now East 7th Street) and 8th Street (now East 8th Street) be and the same is hereby affirmed and established in the City of Dubuque and any rights hereto - fore granted to any parties to the same or to the use thereof be and the same are hereby revoked and the successor or successors in inter- est to said M. H. McCarthy are here- by released of the obligation to exe- cute any conveyance to said City of Dubuque as in the Ordinance of 1888 provided. Be it further resolved that the City Clerk be and he is hereby di- rected to file for record in the office of the Recorder of Dubuque County, Iowa, a certified copy of this resolu- tion. Passed, adopted and approved this 7th day of January, 1929. JOHN H. MACLAY, Mayor. H. F. SCHUCKERT, WM. H. MEUSER, ED. McEVOY, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Meuser moved the adoption of the resolution. Second- ed by Councilman Schuckert. Car- ried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Nays —None. There being no further business, Council adjourned. JOHN STUBER, City Clerk. Approved 1929. Special Session, January 14th, 1929 5 Adopted 1929. Councilmen Attest: City Clerk. CITY COUNCIL (Official) Special Session Jan. 14th, 1929. Meeting called by order of Coun- cilmen Meuser and Schuckert. Council met at 5 o'clock P. M. Present — City Manager Kratz, Councilmen McEvoy, Meuser, Schuckert and Yount. Absent —Mayor Maclay. Councilman Meuser moved that Councilman Yount be appointed as Mayor pro -tern of this meeting. Sec- onded by Councilman McEvoy. Car- ried by the following vote: Yeas — Councilmen McEvoy, Meus- er and Schuckert. Nays —None. Absent —Mayor Maclay. Not voting — Councilman Yount. Mayor pro -tem Yount read the call and stated that services thereof had been duly made and that this meet- ing is called for the purpose of levy- ing a special assessment and author- izing the issuance of bonds to pay for the improvement of Pierce Street from West Locust to Angel- la Street and acting on any other business that may come before the meeting. . Notice of publication certified to by the publisher of the City Coun- cil's intention to levy a special as- sessment and authorize the issuance of improvement bonds to pay for the cost' of improving Pierce Street from West Locust Street to Angella Street. Amount of assessment $3,116.30. Councilman Meuser moved that the notice be received and filed. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor pro -tem Yount, Coun- cilmen McEvoy, Meuser, Schuckert. Nays —None. Absent —Mayor Maclay. Remonstrance of George Butter- field, owner of Lot 21 and part of Lot 20 Quigley's Out Lots 709, 710, 711 and 712, located at the corner of Pierce and Angella Streets, ob- jecting to the assessment as levied against his property for the improve- ment of Pierce Street, stating that the City changed the grade and al- tered the same so as to damage his property to the extent of $500.00 and furthemore the street as now laid is not in accordance with the specs- . fications of same. Councilman Schuckert moved that the petition be received and filed. Seconded by Councilman McEvoy. Carried by the following vote: 6 Yeas -Mayor pro -tem Yount, Coun- cilmen McEvoy, Meuser, Schuckert. Nays -None. Absent -Mayor Maclay. Remonstrance of Mrs. Catherine Weber against the assessment as levied against Out Lot 711 No. 1, for the improvement of Pierce Street, stating that the property will not stand the assessment, that the im- provement cannot be considered a street as it is primarily a waterway, the pavement has been placed on part of her property, which part was intended for a sidewalk. Therefore she objects to any assessment what- soever being levied against her pro- perty for said pavement. Councilman Schuckert moved that the petition be received and filed. Seconded by Councilman McEvoy. Carried by the following vote: Yeas -Mayor pro -tem Yount, Coun- cilmen McEvoy, Meuser, Schuckert. Nays -None, Absent -Mayor Maclay. Resolution No. 4 -29 Resolved by the City Council of the City of Dubuque: That to pay for improving Pierce Street from the south property line of West Locust Street to the north property line of Angella Street, by James F. Lee Paving Co., contractor, in front of and adjoining the same, a special tax be and is hereby levied on the several lots, and parts of lots, and parcels of real estate hereinafter named, situate and owned, and for the several amounts set opposite each lot or parcels of real estate, as follows: Owner Description Amount Wm. J. Connolly, Connolly's Sub., Und. 1 /2 Lot 1; con- crete paving cost, $105.92; extra expense at 4.99769 per cent, $5.29; total $111.21 Julia E. Mosher, Connolly's Sub., Und. 1 / 2 Lot 1; con- crete paving cost, $105.92; extra expense at 4.99769 per cent, $5.29; total 111.21 Julia E. Mosher, Connolly's Sub., , Und. 1 /2 Lot 2; con- crete paving cost, $31.97; extra expense at 4.99769 per cent, $1.60; total 33.57 Wm. J. Connolly, Connolly's Sub., Und. 1 /2 Lot 2; con- crete paving cost, $31.97; extra expense at 4.99769 per cent, $1.60; total 33.57 Wm. J. Connolly, Connolly's Sub., Und. 1 / 2 Lot 3; con- crete paving cost, $3.17; ex- tra expense at 4.99769 per cent, 16c; total 3.33 Special Session, January 14th, 1929 Julia E. Mosher, Connolly's Sub., Und. 1/2 Lot 3; con- crete paving cost, $3.17; ex- tra expense at 4.99769 per cent, 16c; total 3.33 Julia E. Mosher, Connolly's Sub., Und. 1/ Lot 4; con- crete paving cost, $70.25; extra expense at 4.99769 per cent, $3.51; total 73.76 Wm. J. Connolly, Connolly's Sub., Und. 1 / 2 Lot 4; con- crete paving cost, $70.25; extra expense at 4.99769 per cent, $3.51; total 73.76 - Wm. J. Connolly, Connolly's Sub., Und. 1 /2 Lot 5; con- crete paving cost, $71.13; extra expense at 4.99769 per cent, $3.55; total 74.68 Julia E. Mosher, Connolly's Sub., Und. 1 /2 Lot 5; con- crete paving cost, $71.13; extra expense at 4.99769 per cent, $3.55; total 74.68 Julia E. Mosher, Connolly's Sub., Und. 1 /2 Lot 6; con- crete paving cost, $79.45; extra expense at 4.99769 per cent, $3.97; total 83.42 Wm. J. Connolly, Connolly's Sub., Und. 1 / 2 Lot 8; con- crete paving cost, $79.45; extra expense at 4.99769 per cent, $3.97; total 83.42 Patrick McInerney, Quigley's Sub. of Out Lot 711, Lot 12; concrete paving cost, $110.94; extra expense at 4.99769 per cent, $5.54; to- tal 116.48 Patrick McInerney, Quigley's Sub. of Out Lot 711, Lot 13; concrete paving cost, $102.63; extra expense at 4.99769 per cent, $5.14; to- tal 107.77 Patrick McInerney, Quigley's Sub. of Out Lot 711, Lot 14; concrete paving cost, $89.51; extra expense at 4.99769 per cent, $4.47; to- tal 93.98 Patrick McInerney, Quigley's Sub. of Out Lot 711, Lot 15; concrete paving cost, $114.96; extra expense at 4.99769 per cent, $5.75; to- tal 120.71 John H. Bradley, Jackson School Sub., Lot 20; con- crete paving cost, $3.48; ex- tra expense at 4.99769 per cent, 17c; total 3.65 John H. Bradley, Jackson School Sub., Lot 21; con- crete paving cost, $12.64; extra expense at 4.99769 per cent, 63c; total 13.27 John H. Bradley, Jackson School Sub., Lot 22; con- crete paving cost, $29.90; extra expense at 4.99769 per cent, $1.49; total 31.39 John H. Bradley, Jackson School Sub., Lot 23; con- crete paving cost, $o4.04; extra expense at 4.99769 per cent, $1.70; total - 35.74 Walter J. Huber, Kringle's Sub., Lot 7; concrete pav- ing cost, $226.60; extra ex- pense at 4.99769 per cent, $11.32; total 237.92 Walter J. Huber, Kringle's Sub., Lot 6; concrete pav- cost, $74.02; extra expense at 4.99769 per cent, $3.70; • total 77.72 City of Dubuque, Kringle's Sub., Lot 5; concrete pav- ing cost, $39.18; extra ex- pense at 4.99769 per cent, $1.96; total 41.14 City of Dubuque, Kringle's Sub., Lot 4; concrete pav- ing cost, $9.67; extra ex- pense at 4.99769 per cent, 48c; total 10.15 Geo. Butterfield, Quigley's Sub, of Out Lot 712, Lot 21; concrete paving cost, 103.66; extra expense at 4.99769 per cent, $5.18; to- tal 108.84 Geo. Butterfield, Quigley's Sub. of Out Lot 712, W. 12 ft. Lot 20; concrete pav- ing cost, $14.63; extra ex- pense at 4.99769 per cent, 73c; total 15.36 Kath. Schwendinger, Quig- ley's Sub. of Out Lot 712, E. 38 ft. Lot 20; concrete paving cost, $30.68; extra expense at 4.99769 per cent, $1.53; total 32.21 Arthur M. and Eliz. Gaidzik, Quigley's Sub. of Out Lot 712, Lot 19; concrete pav- ing cost, $23.62; extra ex- pense at 4.99769 per cent, $1.18; total 24.80 Peter Bever, Quigley's Sub of Out Lot 712, W. 1 /2 Lot 18; concrete paving cost, $6.65; extra expense at 4.99769 per cent, 33c; total 6.98 Magnus McGovern, Quigley's Sub. of Out Lot 712, E. 1 /2 Lot 18; concrete paving cost, $2.19; extra expense at 4.99769 per cent, 12c; total 2.31 Cath. Weber, Quigley's Sub of Out Lot 711, Lot 1; con- crete paving cost, $149.56; Special Session, January 14th, 1929 7 extra expense at 4.99769 per cent, $7.47; total 157.03 John Roidl, Quigley's Sub, of Out Lot 711, Lot 2; con- crete paving cost, $2.36; extra expense at 4.99769 per cent, 12c; total 2.48 W. J. Ewe, Quigley's Sub. of Out Lot 711, Lot 4; con- crete paving cost, $147.19; extra expense at 4.99769 per cent, $7.36; total 154.55 Patrick McInerney, Quigley's Sub. of Out Lot 711, Lot 5; concrete paving cost, $140.28; extra expense at 4.99769 per cent, $7.02; total 147.30 Philip Ryder, Quigley's Sub. of Out Lot 711, Lot 7; con- crete paving cost, $149.56; extra expense at 4.99769 per cent, $7.47; total • 157.03 Joseph Snyder, Quigley's Sub of Out Lot 711, Lot 6; con- crete paving cost, $15.00; extra expense at 4.99769 per cent, 75c; total 15.75 Philip Ryder, Quigley's Sub of Out Lot 711, Lot 8; con- crete paving cost, $138.75; extra expense at 4.99769 per cent, $6.93; total 145.68 Emilia Hintraeger, Quigley's Sub. of Out Lot 711, Lot 9; concrete paving cost, $70.76; extra expense at 4.99769 per cent, $3.54; total 74.30 John M. Lee, Quigley's Sub of ‘put Lot 711, Lot 6A, con- crete paving cost, $3.38; ex- tra expense at 4.99769 per cent, 17c; total 3.55 Wm. J. Connolly, Connolly's Sub., Und. 1 / 2 Lot 7; con- crete paving cost, $9.25; ex- tra expense at 4.99769 per cent, 46c; total 9.71 Julia E. Mosher, Connolly's Sub., Und. 1 /2 Lot 7; con- crete paving cost, $9.25; ex- tra expense at 4.99769 per cent, 46c; total 9.71 Mary A. Russell, Quigley's Sub. of Out Lot 711, Lot 11; concrete paving cost, $211.84; extra expense at 4.99769 per cent, $10.59; to- tal 222.43 Genevieve Kehoe, Quigley's Sub. of Out Lot 711, Lot 10; concrete paving cost, $80.35; extra expense at 4.99769 per cent, $4.02; to- tal 84.37 Ellen Moore, Quigley's Sub of Out Lot 711, Lot 9A; concrete paving cost, $32.41; extra expense at 4.99769 per cent, $1.62; total 34.03 8 Special Session, January 14th, 1929 Ellen Moore, Quigley's Sub. of Out Lot 710, Lot 15A; concrete paving cost, $11.42; extra expense at 4.99769 per cent, 57c; total John M. Lee, Quigley's Sub of Out Lot 710, W. 42 ft Lot 15; concrete paving cost, $18.14; extra expense at 4.99769 per cent, 92c; to- tal 19.06 Ellen Callahan Est., Quigley's Sub. of Out Lot 710; Lot 14; concrete paving cost, $11.83; extra expense at 4.99769 per cent, 59c; total 12.42 Ellen Callahan Est., Quigley's Sub. of Out Lot 710, Lot 16; concrete paving cost, $3.41; extra expense at 4.99769 per cent, 17c; total 3.58 F. X. Lange, Quigley's Sub. of Out Lot 710, Lot 17; con- crete paving cost, $3.29; ex- tra expense at 4.99769 per cent, 16c; total 3.45 John M. Lee, Quigley's Sub. of Out Lot 710, Lot 13; con- crete paving cost, $7.16; ex- tra expense at 4.99769 per cent, 36c; total 7.52 Total $3,116.30 1373.92 sq. yds. concrete pavement at $1.95 per sq. yd. $2,679.14 16.5 lin. ft. 24 inch tile at $3.75 per lin. ft. 61.88 31.0 lin. ft. 12 inch tile at $1.75 per lin. ft. - 54.25 I manhole at $60.00 60.00 1 catch basin at $50.00 50.00 1 tree removal at $10.00 10.00 16.7 lin. ft. curb at 60c 10.02 30.1 lin. ft. com. curb and gutter at 89c 32.8 sq. ft. walk at 16c 177.31 lbs. reinforcing steel at 6c per lb. Extra expense at 4.99769 per cent 26.79 5.25 10.64 148.33 Total $3,116.3 All of which is assessed in pro- portion to the special benefits con- ferred. Approved Jan. 14th, '1929. Adopted Jan. 14th, 1929. Mayor. H. F. SCHUCKERT, WM. H. MEUSER, ED. McEVOY, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Schuckert moved the adoption of the resolution. Second- Car ed by Councilman McEvoy. Tied by the following vote: Yeas -Mayor pro -tern Yount, Coun- cil men McEvoy, Meuser, Schuckert. 11.99 Nays -None. Absent -Mayor Maclay. Imp. Form No. 19 Resolution No. 5 -29 Resolution Providing for the Issu- ance of Public Improvement Bonds Whereas, the contract heretofore entered into by the City of Dubuque for the improvement of Pierce Street hereinafter described has been completed and said improve- ment has been accepted by the City Council of said City and the City Engineer has computed the cost and expense thereof to be $3,116.30. And whereas, public notice as provided by law, has been published by the City Clerk stating the inten- tion of the City Council to issue bonds to pay the cost of said im- provement and a public hearing has been held pursuant thereto, and all objections filed thereto have been considered and determined. Now therefore, be it resolved by the City Council of the City of Du- buque that to provide for the cost of improving Pierce Street from the south property line of West Locust Street to the north property line of Angella Street, there be issued im- provement bonds to the amount of $3,116.30. Said bonds shall be issued under the provisions of Chapter 311 of the Code of Iowa, 1927, which bear date as of the 14th day of January, 1929; shall be in the denominations of $300.00, except that there shall be one bond to the amount of $116.30; they shall be numbered from 1723 to 1733 inclusive and shall be di- vided into ten series of which the bond numbered 1723 shall constitute the first series and shall be payable the 1st day of April, A. D. 1929; the bond numbered 1724 shall constitute the second series and shall be pay- able the 1st day of April, A. D. 1930; the bond numbered 1725 shall con- stitute the third series and shall be payable the 1st day of April, A. D. 1931; the bond numbered 1726 shall constitute the fourth series and shall be payable the 1st day of April, A. D. 1932; the bond numbered 1727 shall constitute the fifth series and shall be payable the 1st day of April, A. D. 1933; the bonds numbered 1728 and 1729 shall constitute the sixth series and shall be payable the 1st day of April, A. D. 1934; the bond numbered 1730 shall constitute the Special Session, January 14th, 1929 seventh series and shall be payable the 1st day of April, A. D. 1935; the bond numbered 1731 shall con- stitute the eighth series and shall be payable the 1st day of April, A. D. 1936; the bond numbered 1732 shall constitute the ninth series and shall be payable the 1st day of April, A. D. 1937; the bond numbered 1733 shall constitute the tenth series and shall be payable the 1st day of April, A. D. 1938. - Said bonds shall bear interest at the rate of 5 per cent per annum which interest shall be payable semi- annually, in accordance with the terms- of the coupons thereto at- tached; and said bonds shall be pay- able out of the proceeds of the spe- cial assessments levied for said im- provement. Both principal and in- terest shall be payable at the office of the the City Treasurer in the City of Dubuque. Said bonds shall be substantially in the following form: No. Series No. CITY OF DUBUQUE IMPROVEMENT BOND The City of Dubuque in the State of Iowa promises to pay as herein- after mentioned to the bearer here - pf, on the first day of April, 19 ; or any time before that date At the option of the City the sum of $300.00 with interest thereon at the rate of 5 per cent per annum, payable on the presentation and surrender of the interest coupons hereto at- tached, both interest and principal are payable at the office of the City Treasurer in the City of Dubuque, in the State of Iowa. This bond is issued by the City of Dubuque pur- suant to and by virtue of Chapter 311 of the Code of Iowa, 1927, and in accordance with a resolution of the City Council of said City, duly passed on the 14th day of January, 1929. This bond is one of a series of 11 bonds, 10 for $300.00 each and num- bered from 1723 to 1732 inclusive and 1 for $116.30, numbered 1733, all of life tenor and date, and issued for the purpose of improving Pierce Street from the south property line of West Locust Street to the north property line of Angella Street, and described in said resolution; which cost is assessable and levied along said improvement, and is made by law a lien on all abutting or adja- cent property, and payable in ten annual installments, with interest on all deferred payment at the rate of five per cent per annum, and this bond is payable only out of the 9 money derived from the collection of said special tax, and said money can be used for no other purpose. And it is hereby certified and re- cited that all the acts and condition and things required to be done pre- cedent to and in the issuing of this series of bonds, have been done, happened and performed in regular and due form as required by said law and resolution; and for the as- sessments, collections and payments hereon of said special tax, the faith and diligence of said City of Du- buque are hereby irrevocably pledged. In witness whereof the City of Du- buque by its City Council has caused this bond to be signed by its Mayor and countersigned by its City Clerk, with the seal of said City affixed this 14th day of January, 1929, and has authorized the use of their fac- simile signatures to the interest coupons hereto attached. Mayor. Countersigned (Seal) City Clerk. FORM OF COUPON On the day of A. D. 19 , the City of Dubuque, Iowa, promises to pay to the bearer, as provided in the bond, the sum of at the office of the City Treasurer in the City of Dubuque, being months interest due that day on its improve- ment Bond No dated Countersigned: 19 Mayor. City Clerk. Be it further resolved that the Mayor and City Clerk be and they are hereby instructed to cause said bonds to be prepared and when so prepared to execute said bonds, and that the City Clerk be and he is hereby instructed to register said bonds in a book to be kept by him for that purpose and then deliver them to the City Treasurer who will also register them in a book to be kept by him for that purpose. Be it further resolved that the City Treasurer be and he is hereby instructed to sell said bonds in the manner provided by law. The pro- ceeds of said sale to be kept in a special fund to be known as Im- provement Fund. Be it further re- solved that the interest coupons at- tached to the bonds be signed with the fac- simile signature of the May- or and countersigned with the fac- Special Session, January 14th, 1929 Councilman McEvoy moved that the report be received and placed on file. Seconded by Councilman Schuckert. Carried by the follow- ing vote: Yeas —Mayor pro -tem Yount, Coun- cilmen McEvoy, Meuser, Schuckert. Nays —None. Absent —Mayor Maclay. January 14, 1929. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have approved the, following sign bond and desire to have your ap- proval on same for filing: William Harris, et al, 251 West 8th Street, Policy No. 664,804, Globe Indemnity Company. Respectfully submitted, . O. A. KRATZ, City Manager. Councilman Schuckert moved that the recommendation of the City Manager be approved and the bond be placed on file. Seconded by Coun- cilman Meuser. Carried by the fol- lowing vote: Yeas —Mayor pro -tem Yount, Coun- cilmen McEvoy, Meuser, Schuckert. Nays —None. Absent —Mayor Maclay. Communication from the Chamber of Commerce: Mr. John H. Maclay, Mayor of Dubuque. Dear Mr. Maclay: The United States Engineer at Rock Island is holding a hearing at the Post Office, St. Paul, Minn., at 10 a. m. Wednes- day, January 16, 1929, at which all persons interested are invited to be present and express their views on the subject of public benefits to be secured by deepening to 9 feet the upper Mississippi River from the mouth of the Missouri River to Min- neapolis. The Chamber of Commerce appre- ciates the great interest that our City has in the deepening of the channel of the upper Mississippi River, and we are arranging to send . a delegate to this meeting. We feel that the City of Dubuque should also be represented and we will greatly appreciate it if you will arrange to have some one represent the City. Very truly yours, O. A. REYNOLDS, Secretary. Councilman Meuser moved that Mr. John Kerper be appointed to represent the City of Dubuque at this meeting. Seconded by Council- man McEvoy. Carried by the fol- lowing vote: 11 Yeas —Mayor pro -tern Yount, Coun- cilmen McEvoy, Meuser, Schuckert. Nays —None. Absent — Mayor Maclay. Councilman Schuckert moved that the Manager be instructed to peti- tion the Board of Supervisors to can- cel the 1928 tax on the Olinger Park property. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor pro -tem Yount, Coun- cilmen McEvoy, Meuser, Schuckert. Nays —None. Absent —Mayor Maclay. Councilman Schuckert moved that the rules be suspended to allow any one present who wishes to do so, to address the Council. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor pro -tem Yount, Coun- cilmen McEvoy, Meuser, Schuckert. Nays —None. Absent —Mayor Maclay. Messrs. J. J. Roshek, C. J. Belsky, Jos. Even, Felix Becker and Chas. Hoerman addressed the Council on behalf of the businessmen of Du- buque, relative to have the snow re- moved from the streets, stating that the condition of the streets at the 'present time, owing to the heavy snowfall is deplorable and is a detri- ment to business, and also consti- tutes a fire hazard, inasmuch as the Fire Department would be handi- capped in case of fire. They urged the Council to take immediate ac- tion and also recommended that the City purchase a Sno Go snow plow manufactured by the Klauer Mfg. Co., of our City, stating that it is the best snow plow manufactured and is being used in all parts of the country, and is doing the work very satisfactory. City Manager Kratz stated that it is the best machine of its kind that he ever saw or heard of and recom- mended that the City purchase one. In addressing the Council some of the speakers mentioned that this machine being manufactured by a Dubuque concern, the Council should be actuated by the desire to assist home industries by purchasing one of the plows manufactured by the Klauer Mfg. Co. Action on this matter was deferred to an informal meeting of the Coun- cil to be held Wednesday, Jan. 16th, when it will be considered. Mrs. J. S. McNulty addressed the Council, relative to having the as- sessment against Lot 68 Belmont Add., for construction of a sanitary sewer in 1927 reduced, claiming that the assessment was much to high 10 Special Session, January 14th, 1929 simile signature of the City Clerk. Be it further resolved that as fast as funds allow beginning with the second year after the payment of interest due, these bonds shall be called and retired in the same order as numbered. Adopted Jan. 14th, 1929. Mayor. H. F. SCHUCKERT, WM. H. MEUSER, ED. McEVOY, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Schuckert moved the adoption of the resolution. Second- ed by Councilman McEvoy. Carried by the following vote: Yeas —Mayor pro -tem Yount, Coun- cilmen McEvoy, Meuser, Schuckert. Nays —None. Absent —Mayor Maclay. January 10, 1929. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At your meeting held November 22nd a petition signed by 52 business men requesting that Railroad Street be changed to Ott Street, was referred to your City Manager for report. There are no railroad tracks on Railroad Street any more than on many other streets crossing the rail- road tracks and for that reason the name Railroad Street has no partic- ular significance and the name of this street can be easily changed to any other name without particularly embarrassing or hampering the City in its use, and due to the fact that so many of our business men have petitioned for the change of name to Ott Street, I can see no valid rea- son for not granting the prayer of the petition. However, Railroad Street is practically an extention of Southern Avenue and if Railroad Street is change to Ott Street I rec- ommend that the name of Southern Avenue also be changed to Ott Street. Very respectively submitted, O. A. KRATZ, City Manager. Councilman Meuser moved that the matter be referred to the Coun- cil for consideration. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor pro -tem Yount, Coun- cilmen McEvoy, Meuser, Schuckert. Nays —None. Absent —Mayor Maclay. January 11, 1929. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The following peti- tions and remonstrances have been referred to your City Manager for report and inasmuch as the Council has taken action on the various pe- titions and remonstrances included herewith and listed below, I recom- mend that same be ordered filed with no further action at this time. Petition of Paul Braun, et al, re- questing a storm sewer be construct- ed on Shiras Avenue was approved by the Council. Petition of property owners on Dodge Street requesting that said street be improved with a center parking from Grandview Avenue to Avenue to Bryant Street was ap- proved by the Council. Petition requesting the improve- ment of Lemon Street from 30th Street to 32nd Street was denied by the Council. A remonstrance of John A. Cun- ningham, et al, against improvement of alley between Fenelon Place and Third Street and from Summit Street running easterly was denied and ordered improved. Remonstrance against' improve- ment of Emmett Street and St. Mary's Street, Council ordered the street not improved. Remonstrance against the im- provement of Custer Street and al- ley between Custer Street and West 14th Street and just east of Atlantic Street was ordered not im- proved by the Council. Remonstrance against the im- provement of Paul Street from Sem- inary to Lowell Street was ordered not improved. Remonstrance against the im- provement of Lowell Street from Ab- bott Street to Woodward Street was ordered not improved. Remonstrance against the im- provement of Schroeder Street from Seminary to Lowell Street was or- dered not improved. Remonstrance against the im- provement of Angella Street from West 17th Street northerly was or- dered not improved. Remonstrance against the im- provement of East 7th Street from railroad tracks to Market Street was ordered not improved. Remonstrance against the im- provement of Stafford Street from Garfield Avenue to Linwood Ceme- tery was ordered not improved. Very respectfully submitted, - O. A. KRATZ, City Manager. 12 Special Session, January 14th, 1929 in proportion to the assessed valua- tion of the lot. Councilman Meuser moved that the assessment be reduced to $125, and the Auditor be notified to draw a warrant for this amount on the General Fund to make up the short- age thus created, and the Treasurer be instructed to correct this on his books. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor pro -tern Yount, Coun- cilmen McEvoy, Meuser, Schuckert. Nays —None. Absent —Mayor Maclay. Peter Theobold addressed the Council, stating that he is the own- er of Lot 1 of Min. Lot 93 -B on Kirkwood Street. He got possession of this property by foreclosure on a mortgage, which was in the amount of $2,000.00; after getting possession of same he found that there was a mechanics lien against the property of $300.00 which he paid, he also found that there were back taxes and street assessments against the pro- perty. He paid $290.78 and there is still a balance of $243.60 represent- ing 5 installments, due. Inasmuch as the property is not worth more than $1,000, and the assessments foe street improvement was much too high when levied, he asks that the balance due be cancelled. Councilman Meuser moved that the balance due for assessments on this property be cancelled, the Aud- itor be instructed to draw a warrant for the amount on the General Fund to make up the shortage thus cre- ated and the Treasurer be instruct- ed accordingly. Seconded by Coun- cilman Schuckert. Carried by the following vote: � Yeas —Mayor pro -tem Yount, Coun- cilmen McEvoy, Meuser, Schuckert. Nays —None. Absent —Mayor Maclay. City Manager Kratz announced that the garbage contract between the E. E. Frith estate and the City of Dubuque will expire in May and he hereby asks that he be author- ized to advertise for bids for the col- lection of garbage. Councilman Schuckert moved that the City Manager be authorized to procure bids for the collection of garbage in the City. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor pro -tem Yount, Coun- cilmen McEvoy, Meuser, Schuckert. Nays —None. Absent —Mayor Maclay. There being no further business, Council adjourned. JOHN STUBER, City Clerk. Approved 1929. Adopted 1929. Councilmen Attest: City Clerk. Regular Session, February 4th, 1929 13 CITY COUNCIL (Official) Regular Session, February 4th, 1929. Council met at 5:00 o'clock P. M. Present —City Manager Kratz, Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Mayor Maclay stated that this is the regular monthly meeting of the City Council for the purpose of act- ing on any business that may prop- erly come before the meeting. Petition of Frank M. Blake asking for a reduction in assessment as levied against his property for im- provement of Windsor Avenue, re- ferred to the Council at a previous meeting for investigation. Councilman Schuckert moved that the petition be received and filed. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Petition of Nick Wiehl stating that on the night of January 7th, 1929, at about 6 o'clock, his son fell into a trench which was left unprotected. This trench was dug for the purpose of connecting the Juvenile Play- ground (which is now used as n, skating rink), with water mains. He • presented a bill for medical services in the sum of $14.00 and asked that the City pay this bill. Councilman Meuser moved that the Auditor be instructed to draw a warrant for this amount in favor of Nick Wiehl, in settlement of said claim, and the City collect this amount from Lewis & Co, contract- ors, as this company had the con- tract for making these water connec- tions. Seconded by Councilman Yount. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Councilman Meuser moved that the rules be suspenned to allow any- one present to address the Council. Seconded by Councilman Yount. Car- ried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Nick Wiehl addressed the Coun- cil relative to the accident and ex- plained to the Council how it hap- pened. Mr. R. R. Lahey, Graf, Iowa, ad- dressed the Council relative to the accident on 8th and Main Streets, when the Fire apparatus while go- ing to a fire, ran into his car and wrecked it, he claims that the siren at this corner was out of order and furthermore the green light was in his favor. He stated that his car was a second hand car when he pur- chased it about a year and a half ago, that it was almost new when he bought it and that he paid $600.00. for it. He asks that the City pay him $600.00 in settlement for his car which was totally wrecked. The car was 'an Oakland 6, 1926 model. Councilman McEvoy moved that the matter be referred to the City Solicitor to effect a settlement. Sec- onded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. The Clerk was instructed to noti- fy Mr. Lahey of the Council's action. Petition of property owners on Valley Street, signed by Temple Se- curities Corp. and Mutual Securietied Co., asking that street be improved. Presented and referred to the Coun- cil at a previous meeting. Received and filed. Councilman McEvoy moved that the petition be received and filed. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Petition of Mrs. John Wimmer, owner of lot 21 Finley Add., object- ing to the special assessment as lev- ied against her property, for the con- struction of a concrete sidewalk, pre- sented and read. Councilman McEvoy moved that the petition be received and filed. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Petition of Theresa R. Tamlin, re- ferred to the City Council by the Board of Supervisors, asking that the 1928 tax on her property N. 98 feet of lot 46 Finley Add., E. 48 feet of S. 100 feet of Lot 47 Finley Add., N. 98 feet of Lot 47 Finley Add., also personal tax. Councilman Schuckert, moved that the petition be referred to the City Solicitor. Seconded by Councilman Yount. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Dec. 15th, 1928. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At your meeting held November 28th, 1928, a petition from Mullen Bros & Co., asking that