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1929 October Council Proceedings476 Special Session, September 30th, 1929 cilman Schuckert. Carried by the following vote: , Yeas —Mayor Andelfinger, Coun- cilmen Jansen, McEvoy, Meuser, Schuckert. Nays —None. There being no further business, Councilman Jansen moved to ad- journ. Carried. JOHN STUBER, City Clerk. Approved _. 1929. Adopted 1929. Councilmen • Attest: City Clerk. Special Session, October 2nd, 1929 CITY COUNCIL (Official) Special session, October 2nd, 1929. Meeting called by order of Coun- cilmen Schuckert and Meuser. Council met at 7:40 o'clock P. M. Present — Councilmen Jansen Mc- Evoy, Meuser, Schuckert. Absent —Mayor Andelfinger. Councilman McEvoy moved that Councilman Schuckert be appointed as Mayor pro -tem of the meeting. Seconded by Councilman Jansen. Carried by the following vote: Yeas — Councilmen Jansen, Mc- Evoy, Meuser. Nays —None. Absent —Mayor Andelfinger. Not voting — Councilman Schuckert. Mayor pro -tem Schuckert read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of levying a special assessment and authorizing the issuance of bonds to pay for the improvement of Dodge Street from the east property line of Locust Street and South Locust Street to the Chicago, Milwaukee, St. Paul and Pacific Railroad tracks, ex- cept where already paved, 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 bonds to pay for the improvement of Dodge Street from the east pro- perty line of Locust and South Lo- cusst Streets to the Chicago, Mil- waukee, St. Paul and Pacific Rail- road tracks. Councilman Meuser moved that the notice be received and filed. Sec- onded by Councilman Jansen. Car- ried by the following vote: Yeas —Mayor pro -tem Schuckert, Councilmen Jansen, McEvoy, Meuser. Nays —None. Absent —Mayor Andelfinger. Resolution No. 588 -29. SCHEDULE OF ASSESSMENTS. Resolved by the City Council of the City of Dubuque: That to pay for the improving of Dodge Street from the east property line of Lo- cust and South Locust Streets to the Chicago, Milwaukee, St. Paul and Pacific Railroad tracks, except where already paved, by James F. Lee Paving Co., contractors, 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 parcel of real estate, as follows: Special assessment sub- mitted October 2nd, 1929. Owner. Location. Assessment._ Marie & Meehan, Lot 553, City Lot -S. 50 ft. $ 851.37 Wm. Meehan, Lot 553, City Lot -N. 25 ft. 180.44 - Stanley Terris, Lot 554, City Lot -S. 2 -3 231.59 John Doyle, Lot 554, City Lot -N. 1 -3 64.41 John Doyle, Lot 4, Sub. City Lot 555 21.87 John Doyle, Lot 2, Sub. City Lot 555 20.72 Frank P. White, Lot 3, Sub City Lot 555 17.80 James O'Brien, Lot 1, Sub City Lot 555 35.94 - Cath. Kunz Estate, Lot 556, City, Lot -E. 1 / 4 of S. 1 -3 4.71 Michael Adams Estate, Lot 556, City Lot -W. % of S. 1 -3 14.18 Helen Crotty, Lot 556, City Lot -S. 12.5 ft. of M. 1 -3 ___. 8.67 Hurd -Most Sash & Door Co. Corp., Lot 548, City Lot 983.67 Hurd -Most Sash & Door Co Corp., Lot 547, City Lot 296.06 Hurd -Most Sash & Door Co Corp., Lot 546, City Lot 112.76 Hurd -Most Sash & Door Co Corp., Lot 545, City Lot 46.96 Clara L. Hillyard, Lot 544, City Lot -S. 15 ft 6.20 Alice E. Woodward, Lot 6, 11 Dub. Harbor Co's. Add. Alice E. Woodward, Lot 5, 11 Dub. Harbor Co's. Add. J. J. Nagle, Lot 4, 11 Dub Harbor Co's. Add. S. 70 ft. C. M. St. P. & Pacific R. R Co. E. 20 ft, Lot 11, W. 1/2 Block 10 Dub. Harbor Co's. Add C. M. St. P. & Pacific R. R Co. E. 20 ft., Lot 10, W. 1 /2 Block 10 Dub. Harbor Co's. Add. C. M. St. P. & Pacific R. R Co. E. 20 ft., Lot 9, W. 1 /2 Block 10 Dub. Harbor Co's. Add. C. M. St. P. & Pacific R. R Co. E. 20 ft., Lot 8, W. 1 /2 Block 10 Dub. Harbor Co's. Add. C. M. St. P. & Pacific R. R Co. E. 20 ft., Lot 7, W. 1 /2 Block 10 Dub. Harbor Co's. Add. C. M. St. P. & Pacific R. R Co. E. 20 ft., Lot 1, W. 1 /2 477 1406.21 53.97' 117.00 16.01 7.52 4.53 3.28 478 Block 14 Dub. Harbor Co's. Add. C. M. St. P. & Pacific R. R Co. E. 20 ft., Lot 2, W. % Block 14 Dub. Harbor Co's. Add. C. M. St. P. & Pacific R. R Co. E. 20 ft., Lot 3 W. 1 /2 Block 14 Dub. Harbor Co's. Add. C. M. St. P. & Pacific R. R Co. E. 20 ft., Lot 4, W. 1 /2 Block 14 Dub. Harbor Co's. Add. C. M. St. P. & Pacific R. R Co. N. 14.5 ft of E. 20 ft , Lot 5 of W. 1 /2 Block 14 Dub. Harbor Co's. Add P. J. Seippel Lumber Co., Lot 1, Block 13 Dub. Har- bor Co's. Add. P. J. Seippel Lumber Co , Lot 2, Block 13, Dub. Har- bor Co's. Add. P. J. Seippel Lumber Co , Lot 3, Block 13, Dub. Har- bor Co's. Add. P. J. Seippel Lumber Co , Lot 12, Block 13, Dub. Harbor Co's. Add. P. J. Seippel Lumber Co , Lot 11, Block 13, Dub. Harbor Co's. Add. P. J. Seippel Lumber Co , Lot 10, Block 13, Dub. Harbor Co's. Add N. 1 /4 . - -. P. J. Seippel Lumber Co., Lot 2, Sub. Lot 3 of C Ind. Sub. No. 1 N. 300 ft. P. J. Seippel Lumber Co , Lot 549A, City Lot P. J. Seippel Lumber Co , Lot 549, City Lot N. 208 ft, Swift & Co., Lot 1, Sub. City Lot 552 Swift & Co., Lot 2, Sub. City Lot 552 Swift & Co., Lot 3, Sub. City Lot 552 Swift & Co., Lot 4, Sub. City Lot 552 Swift & Co., Lot 8, Sub. City Lot 552 Swift & Co., Lot 7, Sub. City Lot 552 Swift & Co., Lot 6, Sub. City Lot 552 Swift & Co., Lot 5, Sub. City Lot 552 Swift & Co., Vacated alley running through Sub. of City Lot 552 P. J. Seippel Lumber Co , Lot 552A, City Lot N. 50 ft. of N. 66 ft. Dub. & Sioux City R. R. Co , Lot 552A, City Lot S. 16 ft. of N. 66 ft. Special Session, October 2nd, 1929 102.48 23.38 11.25 5.68 1.04 609.82 117.69 34.79 708.61 48.40 9.58 239.98 1182.81 392.98 394.18 156.85 92.49 45.13 396.76 157.19 91.57 44.43 138.93 58.56 14.99 P. J. Seippel Lumber Co., Lot 552A, City Lot N. 43.5 ft. of S. 84 ft. 38.00 Illinois Central R. R. Co., Right of way through City Lot 549 13.15 Illinois Central R. R. Co , Salina Street Crossing 131.44 Total $10012.79 4237.13 sq. yds. concrete pavement at $1.84 per sq. yd. $ 7796.32 9552 lbs. reinforcing steel at 6 cents per lb. 573.12 1 Special catch basin 93.00 1 Special catch basin 278.40 2 Standard catch basins 95.78 1 Standard catch basin 75.01 4 Standard catch basins at $60.00 each 240.00 Special inlet with 24 inch tile 143.41 120 lin. ft. 15 inch tile at 79 cents per lin. ft. 94.80 15 inch tile stub out 98.61 60 cu yds. earth excavation at 64 cents per cu. yd 38.40 128 lin. ft. deep curb at 99 cents per lin. ft. 126.72 Extra expense at 3.72112 per cent 359.22 Total $10012.79 All of which is assessed in pro- portion to the special benefits con- ferred. Approved October 2nd, 1929. Adopted October 2nd. 1929. H. F. SCHUCKERT, Mayor pro -tem. ED. McEVOY, GEO. O. JANSEN, WM. MEUSER, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Meuser moved the adoption of the resolution. Seconded by Councilman Jansen. Carried by the following vote: Yeas —Mayor pro -tem Schuckert, Councilmen Jansen, McEvoy, Meuser. Nays —None. Absent —Mayor Andelfinger. Notice of publication certified to ' by the publisher of a hearing to be conducted by the City Council for the issuance of bonds in the amount of $10,012.79 to provide for the pay- ment of the improvement of. Dodge Street from the East property line of Locust and South Locust Streets to the Chicago, Milwaukee, St. Paul and Pacific Railroad tracks except where already paved. Councilman Meuser moved that the notice be received and filed. Sec- onded by Councilman Jansen. Car- ried by the following vote: Yeas —Mayor pro -tem Schuckert, Councilmen Jansen, McEvoy, Meuser. Nays —None. Absent —Mayor Andelfinger. Resolution No. 589 -29. A RESOLUTION providing for the issuance of public Improvement Bonds. Whereas, the contract heretofore entered into by the City of Dubuque for the improvement of Dodge Street hereinafter described, has been com- pleted and said improvement has been accepted by the City Council of said City and the City Engineer has computed the cost and expense thereof to be $10,012.79. And Whereas, public notice as pro- vided by law, has been published by the City Clerk stating the intention of the City Council to issue bonds to pay the cost of said improvement 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 Dodge Street from the east property line of Locust and South Locust Streets to the Chicago, Milwaukee, St. Paul and Pacific Railroad tracks except where al- ready paved, there be issued im- provement bonds to the amount of $10,012.79. Said bonds shall be is- sued under the provisions of Chap- ter 311 of the Code of Iowa, 1927, which bear date as of the 2nd. day of October, 1929; shall be in the denominations of $500.00 except that there shall be one bond to the amount of $12.79. They shall be num- bered from 2216 to 2236 inclusive and shall be divided into ten series of which the bonds numbered 2216 and -2217 shall constitute the first series and shall be payable the 1st day of April, A. D., 1930; the bonds numbered 2218 and 2219 shall con- stitute the second series and shall be payable the 1st day of April, A. D., 1931; the bonds numbered 2220, and 2221 shall constitute the third series and shall be payable the 1st day of April, A. D., 1932; the bonds num- bered 2222 and 2223 shall constitute the fourth series and shall be pay- able the 1st day of April, A. D., 1933; the bonds numbered 2224, 2225 and 2226 shall constitute the fifth series and shall be payable the 1st day of April, A. D., 1934; the bonds num- bered 2227 and 2228 shall constitute the sixth series and shall be pay- able the 1st day of April, A. D., 1935; the bonds numbered 2229 and 2230 shall constitute the seventh series and shall be payable the 1st day of Special Session, October 2nd, 1929 479 April, A. D., 1936; the bonds num- bered 2231 and 2232 shall constitute the eighth series and shall be pay- able the 1st day of April, A. D., 1937; the bonds numbered 2233 and 2234 shall constitute the ninth series and shall be payable the 1st day of April, A. D., 1938; the bonds numbered 2235 and 2236 shall constitute the tenth series and shall be payable the 1st day of April, A. D., 1939. Said bonds shall bear interest at the rate of five 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 assessment levied for said im- provement. Both principal and interest shall be payable at the office of 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- of, on the first day of April, A. D., 19 ; or any time before that date at the option of the City, the sum of $500.00 with interest thereon at the rate of five per cent per annum, pay- able on the presentation and surren- der of the interest coupons hereto attached, 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 2nd day of October, 1929. This bond is one of a series of 21 bonds, 20 for $500.00, numbered from 2216 to 2235 inclusive and one for $12.79, numbered 2236, all of like tenor and date, and issued for the purpose of improving Dodge Street from the east property line of Locust and South Locust Streets to the Chi- cago, Milwaukee, St. Paul and Paci- fic Railroad tracks except where al- ready paved 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 adjacent property, and payable in ten annual installments, with interest on all deferred pay- ments at the rate of five per cent per annum, and this bona is payable only out of the money derived from 480 Special Session, October 2nd, 1929 Special Session, October 2nd, 1929 481 the collection of said special tax, and said money can be used for no other purpose. And it is hereby certified and recited that all the acts and con- dition and things required to be done precedent 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 payment 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 2nd day of October, 1929, and has authorized the use of their fac- simile signature to the interest coupons hereto attached. 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 19 Countersigned: Mayor. 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 to 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, and pro- ceeds of said sale to be kept in a special fund to be known as Im- provement Fund. Be It Further Resolved that the interest coupons attached to the bonds be signed with the fac - simile signature of the Mayor and counter- signed with the fac - 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 this 2nd day of October, 1929. Approved: H. F. SCHUCKERT, Mayor pro -tem. ED. McEVOY, GEO. 0. JANSEN, WM. MEUSER, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman ' Meuser moved the adoption of the resolution. Seconded. by Councilman Jansen. Carried by the following vote: Yeas —Mayor pro -tem Schuckert, Councilmen Jansen, McEvoy, Meuser. Nays —None. Absent —Mayor Andelfinger. Waiver and Agreement. Know all men by those presents; That in consideration of the sum of $1.00 in hand paid by the City of Du- buque, Iowa, a municipal corpora- tion the receipt whereof is hereby acknowledged, the undersigned being the owner of Lot 109 -and 110 Burden and Lawther's Addition in the City of Dubuque, hereby grants and con- veys to said City of Dubuque, a per- petual right of easement in, over and across said lots 109 and 110 Burden and Lawthers Addition for the pur -- pose of installing and maintaining therein an 18 inch storm sewer, with the right to go upon said premises at all reasonable times for the pur- pose of inspecting and repairing the same when installed, provided, how- ever, that said City of Dubuque shall replace whatever earth, sod, or shrubbery that may be disturbed in the installation or repair of said 18 inch storm water sewer, to as good condition as it was in before the same was disturbed. This grant of easement shall be binding upon the undersigned, his heirs, executors, administrators, pur- chasers and assigns forever. EDWARD GRONAU. State of Iowa Dubuque County Be it remembered that on this 1st day of October, 1929, personally ap- peared before me, a Notary Public, in and for Dubuque County, Iowa. Edward Gronau who is personally known to me and acknowledged that he executed the foregoing instrment as his voluntary act and deed. JOHN STUBER, Notary Public in and for Dubuque County, Iowa. ss. Councilman Meuser moved that the Waiver and easement be ap- proved and made a matter of record. Seconded by Councilman McEvoy. Carried by the following votte: Yeas —Mayor pro -tem Schuckert, Councilmen Jansen, McEvoy, Meuser. Nays —None. Absent —Mayor Andelfinger. Petition and Waiver of Damages. The undersigned being the owner of property described as Lots 108- 109 and 110 Burden and Lawther's Addition situated on Groveland Street between Burden & Sheridan Streets, in the City of Dubuque, Iowa, hereby requests said City to fill said lots 108 -109 and 110 Bur- den and Lawther's Addition, and in consideration of the granting of such request hereby waives all damages which may arise to said premises or any building thereon on account of the doing of such work by any em- ployees of said City and agrees to hold said City harmless from any such damages. Dated at Dubuque, Iowa, this 1st day of October, 1929. EDWARD GRONAU. Witnessed by: J. J. SHEA. Councilman Meuser moved that the petition and waiver be made a matter of record. Seconded by Coun- cilman McEvoy. Carried by the fol- lowing vote: Yeas —Mayor pro -tem - Schuckert, Councilmen Jansen, McEvoy, Meuser. Nays —None. Absent —Mayor Andelfinger. Petition of C. 0. D. Laundry rela- tive to having the 1928 personal tax suspended, referred to the City Council by the Board of Supervisors of Dubuque County, for action and report. Councilman McEvoy moved that the prayer of the petition be denied and the Board of Supervisors be notified of the Council's action. Sec- onded by Councilman Meuser. Car- ried by the following vote: Yeas —Mayor pro -tem Schuckert, Councilmen Jansen, McEvoy, Meuser. Nays —None. Absent —Mayor Andelfinger. Petition of G. A. Grimm, relative to having the 1929 personal tax re- duced, having sold his stock of mer- chandise in February 1929, referred to the City Council by the Board of Supervisors of Dubuque County for its action and report. Councilman McEvoy moved that the petition be referred back to the Board of Supervisors as the Council has no jurisdiction in this matter. Seconded by Councilman Jansen. Carried by the following vote: Yeas —Mayor pro -tem Schuckert, Councilmen Jansen, McEvoy, Meuser. Nays —None. Absent —Mayor Andelfinger. There being no further business, Councilman Meuser moved to ad- journ. JOHN STUBER, City Clerk. Approved 1929. Adopted 1929. Councilmen Attest: City Clerk. 482 Regular Session, October 7th, 1929 CITY COUNCIL (Official) Regular Session October 7th, 1929. Council met at 7:40 P. M. Present —City Manager Kratz, Councilmen Jansen, McEvoy, Meuser, Schuckert. Absent —Mayor Andelfinger. Councilman Meuser moved that Councilman McEvoy be appointed as Mayor pro -tem of this meeting. Sec- onded by Councilman Schuckert. Carried by the following vote: Yeas — Councilmen Jansen, Meuser, Schuckert. Nays —None. Not voting — Councilman McEvoy. Absent —Mayor Andelfinger. Mayor pro -tem McEvoy stated that this is the regular monthly meeting of the Council for the transaction of such business as may regularly come before it. Mayor Andelfinger entered and took Ms seat at 7:50 P. M. Resolution No. 579 -29. AWARDING CONTRACT. Whereas, proposals have been sub- mitted by contractors for the repair- ing of West 8th Street storm sewer between Bluff Street and Julien Ave- nue pursuant to Resolution No and James F. Lee Paving Co., con- tractor, has submitted the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, Be It Resolved by the City Council of the City of Dubuque that the con- tract for the above mentioned im- provement be awarded to James F. Lee Paving Co., and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete perform- ance of said work. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity become effec- tive from and after its passage and adoption by the City Council. Approved and placed on file for one week on September 26, 1929. Passed and adopted this 7th day of October 1929. M. B. ANDELFINGER, Mayor. “ ED. McEVOY, GEO. O. JANSEN, H. F. SCHUCKERT, WM. H. MEUSER, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Schuckert moved the adoption of the resolution. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Andelfinger, Coun- cilmen Jansen, McEvoy, Meuser, Schuckert. Nays —None. Resolution No. 580 -29. AWARDING CONTRACT. Whereas, proposals have been sub- mitted by contractors for the im- proving of the Alley from Central Avenue to Iowa Street, between West 21th Street and West 13th Street, pursuant to Resolution No and James F. Lee Paving Co., con- tractor, has submitted the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, Be It Resolved by the City Council of the City of Dubuque that the con- tract for the above mentioned im- provement be awarded to James F. Lee Paving Co., and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete perform- ance of said work. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity become effec- tive from and after its passage and adoption by the City Council. Approved and placed on file for one week on September 26, 1929. Passed and adopted this 7th day of October, 1929. M. B. ANDELFINGER, Mayor. ED. McEVOY, GEO. O. JANSEN. H. F. SCHUCKERT, WM. H. MEUSER, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman McEvoy moved the adoption of the resolution. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Andelfinger, Coun- cilmen McEvoy, Jansen, Meuser, Schuckert. Nays —None. Resolution No. 581 -29. AWARDING CONTRACT. Whereas, proposals have been sub- mitted by contractors for the im- proving of Roosevelt Street, from the end of the present pavement, north- erly about 1005 feet by grading to proper sub -grade and paving same with a concrete pavement sixteen feet wide and 6 inches thick, and constructing a four (4) feet by eight (8) feet reinforced concrete culvert, pursuant to Resolution No. 564 -29 and Uhlrich, Paley Co., contractor, Regular Session, October 7th, 1929 has submitted the lowest bid for the furnishing of all labor and materials and performing the work as pro- vided for in the plans and specifi- cations; now therefore, Be It Resolved by the City Council of the City of Dubuque that the con- tract for the above mentioned im- provement be awarded to Uhlrich, Paley Co., and the Manager be and he is hereby directed to execute a contract on behalf of the City of Du- buque for the complete performance of said work. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity become effec- tive from and after its passage and adoption by the City Council. Approved and placed on file for one week on September 26, 1929. Passed and adopted this 7th day of October, 1929. M. B. ANDELFINGER, Mayor. ED. McEVOY, GEO. O. JANSEN, H. F. SCHUCKERT, WM. H. MEUSER, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Schuckert moved the adoption of the resolution. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Andelfinger, Coun- cilmen Jansen, McEvoy, Meuser, Schuckert. Nays —None. October 7, 1929. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have ap- proved the following sign bonds and desire to have your approval on same for filing. Central Battery & Electrical Co., 393 -395 Main Street; Century Indem- nity Co. Tri -State Motor Co., 880 Iowa St.; Century Indemnity Co. Respectfully submitted, O. A. KRATZ, City Manager. Councilman Meuser moved that the report of the City Manager be approved and the bonds be received and placed on file. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Andelfinger, Coun- cilmen Jansen, McEvoy, Meuser, Schuckert. Nays —None. 483 October 7, 1929. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to abvise that I have ap- proved the following bonds and de- sire to have your approval on same for filing. SIDEWALK CONTRACTOR. Chris. C. Eisbach, 2531 Windsor Ave.; Bond No. 17 -12- 1030 -28, U. S. Fidelity & Guaranty Co. HEATING CONTRACTOR. J. G. Moser, 526 Lincoln Ave.; Bond No. 17 -12- 1997 -25, U. S. Fidel- ity & Guaranty Co. Respectfully submitted, O. A. KRATZ, City Manager. Councilman Meuser moved that the report of the City Manager be approved and the bonds be received and placed on file. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Andelfinger, Coun- cilmen Jansen, McEvoy, Meuser, Schuckert. Nays —None. No. 591 -29. Resolution of Necessity for Sewer Whereas, a plat and schedule has been duly prepared by the City En- gineer and approved by the City Council of the City of Dubuque, showing the location of the sanitary sewer hereby proposed to be con- structed and put in place, each lot or parcel of real estate proposed to be assessed for said improvements, either as abutting upon or adjacent to said sewer, an estimate of the cost of the proposed improvements and in each case the amount thereof which is estimated to be assessed against each lot or parcel of real estate; Now, Therefore, be it resolved by the City Council of the City of Du- buque, on its own motion, that it is deemed necessary and advisable for proper sanitary regulations and for the preservation of the public health to build, construct and put in place a sanitary sewer together with man- holes, sewage pumps and other necessary appurtenances in Elm Street from the center of East 24th Street to a. point opposite the north line of Lot 86 of E. Langworthy's Addition to the City of Dubuque, such sewer to be an 8 inch, salt glazed, vitrified, clay pipe of the best quality, using in connection there- with a Fairbanks Morse sewage lift pump. Said sewer to be constructed in strict accordance with the plans and specifications therefor prepared by Attest: JOHN STUBER, City 'Clerk. Councilman Schuckert moved the adoption of the resolution. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Andelfinger, Coun- cilmen Jansen, McEvoy, Meuser, Schuckert. Nays —None. Reports submitted by the City Manager of the City Auditor, City Treasurer, and City Waterworks for the month of September. Councilman Meuser moved that the reports be approved and placed on file. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Andelfinger, Coun- cilmen Jansen, McEvoy, Meuser, Schuckert. Nays —None. Petition of Mrs. E. J. Wurst, rela- tive to having the 1928 tax cancelled on S. 161 ft. of Lot 10; of sub; 14 and 15 Bush's Sub., referred to the Council by the Board of Supervisors, March 5th, 1929, and referred to the City Solicitor by the Council for in- vestigation and report. On recommendation of the City Solicitor, the following motion was made by Councilman Meuser, sec- onded by Councilman McEvoy, that the prayer of the petitioner be grant- ed and the Board of Supervisors be informed of the Council's action. Carried by the following vote: Yeas —Mayor Andelfinger, Coun- cilmen Jansen, McEvoy, M,euser, Schuckert. Nays —None. Report of City Solicitor stating that he had agreed to settle the claim of Dr. J. J. Rowan if agreeable to the Council, for $400.00, recom- mending to the Council that this will be a just and reasonable settlement. Councilman Meuser moved that the recommendation of the City Soli- citor be approved and that the Audi- tor be instructed to draw a warrant in the sum of $400.00 in favor of Dr. J. J. Rowan, settlement in full for personal injury claim. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Andelfinger, Coun- cilmen Jansen, McEvoy, Meuser, Schuckert. Nays —None. Verbal petition of John Fitzpat- rick, asking that a street light be in- stalled at the intersection of Rush and Plum Streets. Councilman Meuser moved that the petition be referred to the City Manager. Seconded by Councilman Regular Session, October 7th, 1929 485 McEvoy. ' Carried by the following vote: Yeas —Mayor Andelfinger, Coun- cilmen Jansen, McEvoy, Meuser, Schurckert. Nays —None. Petition of property owners object- ing to the improvement cif "Catherine, Angella Streets and Quigleyis Lane, presented, signed by 'Fred Luckritz, Mrs. Catherine Weber, C. V. Cor- rell et al (24 signers). Councilman Schuckert moved that the petition be referred to the City Manager. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Andelfinger, Coun- cilmen Jansen, McEvoy, Meuser, Schuckert. Nays —None. Councilman Meuser moved that the rules he suspended to allow any- one present who wishes to do so, to address the Council. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor . Andelfinger, Coun- cilmen Jansen, McEvoy, Meuser, Schuckert. Nays —None. Mr. F. Luckritz addressed the Council relative to his petition, stat- ing that if the City makes the im- provements as contemplated, he will be unable to pay assessments. Mr. Stager addressed the Council relative to assessments for sewer in Saunders Street, stating that he is assessed for this sewer for Lots 49 -51 -and 62, that two of his lots are connected with the sewer in Stoltz Street. Councilman Schuckert moved that this be referred to the City Manager and Engineer for investigation. Sec- onded by Councilman McEvoy. Car- ried by the following vote: Yeas —Mayor Andelfinger, Coun- cilmen Jansen, McEvoy, Meuser, Schuckert. Nays —None. J. W. Norton addressed the Coun- cil relative to the location of turns on Pierce Street stating that he gave the City ground for street and that it is not constructed as he thought it would be. The City Manager will in- vestigate. No motion. Dr. W. J. Connell addressed the Council relative to the recording of Vital statistics, stating that they should be recorded in the City Health Office instead of in the Coun- ty Recorders office. Councilman Meuser moved that this matter be referred to the Coun- cil to be thoroughly discussed. Sec- onded by Councilman Schuckert. Carried by the following vote: ri 484 Regular Session, October 7th, 1929 the City Manager and City Engineer, which are now on file in the office of the City Clerk, having been duly approved by this Council. That the cost and expense of mak- ing and constructing said sewer, in- cluding the cost and expense of all manholes, sewage pumps and other appurtenances and all other items of expense incurred on account of the construction of said sewer, shall be assessed against the property abut- ting upon the same, as shown in such plat and schedule, and also against adjacent property benefited thereby, and the owners thereof, such adjacent property to be assess- ed being described as follows: Lot 7 of Sub. Lots 52- 53 -54 -55 Bellevue Add.; Marie Spiegelhalter, owner. Lot 6 of Sub. Lots 52- 53 -54 -55 Belle- vue Add.; Chris. Primmasing, owner. Lot 5 of Sub. Lots 52- 53 -54 -55 Belle- vue Add.; Frank S. Freiburger, own- er. Lot 4 of Sub. Lots 52- 53 -54 -55 Bellevue Add.; P. C. Murray, owner. Lot 3 of Sub. Lots 52- 553 -54 -55 Belle- vue Add. P. C. Murray, owner. Lot 2 of Sub. Lots 52- 53 -54 -55 Bellevue Add.; John Schiltz Est., owner. Lot 1 of Sub. Lots 62- 53 -54 -55 Bellevue Add.; John Schiiltz Est., owner. Lot 1of Sub. Lot 51 Bellevue Add.; John Schiltz Est., owner. Lot 2 Sub. Lot 1 of 196 -197 L. H. Langworthy's Add.; M. Vyverberg, owner. Lot 2 Sub. Lot 2 of 196 -197 L. H. Lang - worthy's Add.; M. Vyverberg, owner. The above resolution was approved and ordered placed on file for final action this 7th day of October, 1929. M. B. ANDELFINGER, Mayor. ED. McEVOY, GEO. 0. JANSEN, H. F. SCHUCKERT, WM. H. MEUSER, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Meuser moved that the resolution be approved and placed on file for final action. Sec- onded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Andelfinger, Coun- cilmen Jansen, McEvoy, Meuser, Schuckert. Nays —None. The foregoing resolution of neces- sity was adopted and passed by the City Council of the City of Dubuque this day of October, 1929. Mayor. Councilmen. Attest: City Clerk. Resolution No. 592 -29. FIXING DATE OF HEARING. Whereas, the City Council of the City of Dubuque, Iowa, has by Reso- lution No. 590 -29 given its prelim- inary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for pub- lic inspection, for the construction of an eight (8) inch salt glazed, vit- rified, clay pipe sanitary sewer to- gether with manholes, Y branches, sewage pumps and other necessary appurtenances in Elm Street from the center of East 24th Street to a point opposite the North line of Lot 86 of E. Langworhy's Addition to the City of Dubuque, and, Whereas, the proposed Resolution of Necessity for said improvement has been introduced and is now on file in the City Clerk's office for pub- lic inspection, Be It Therefore Resolved that on the 28th day of October, 1929, a pub- lic hearing will be held at 7:30 o'clock P. M. in the Council Chamber in the City of Dubuque at which time the owners of property subject to assessment for the proposed im- provement may appear and make ob- jection to the proposed plans and specifications and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Neces- sity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the City of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless property owners at the time of finel consider- ation of said resolution have on file with the Clerk objections to the amount of the proposed assessment, , they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final dicision thereon. Passed, adopted and approved this 7th day of October, 1929. M. B. ANDELFINGER, Mayor. ED. McEVOY, GEO. 0. JANSEN, H. F. SCHUCKERT, WM. H. MEUSER, Councilmen. 486 Special Session, October Yeas —Mayor Andelfinger, Coun- cilmen Jansen, McEvoy, Meuser, Schuckert. Nays —None. Councilman Meuser moved that the City Manager confer with the officials of the Interstate Power Co., relative to relocating the Street Car Switch on W. Eighth Street, between Main and Iowa Streets to East 8th Street east of Central Avenue. Sec- onded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Andelfinger, Coun- cilmen Jansen, McEvoy, Meuser, Schuckert. Nays —None. There being no further busine0s, Council adjourned. JOHN STUBER, City Clerk. Approved 1929. Adopted 1929. Councilmen: Attest: City Clerk. 14th, 1929 CITY COUNCIL (Official) Special Session, October 14th, 1929. Meeting called by order of Mayor Andelfinger, and Councilman Jansen. Council met at 7:30 P. M. Present —Mayor Andelfinger, City Manager Kratz, Councilmen Jansen, McEvoy, Meuser, Schuckert. Absent —None. Mayor Andelfinger read the call and stated that service thereof had been duly made and that this meet- ing is called for the purpose of con- ducting a hearing on the plans, spe- cifications, form of contract and cost of proposed sanitary sewer in Valley Street, levying special assessments and authorizing the issuance of bonds for the improvements of West 17th and Clark Streets, Saunders Street and acting on any other busi- ness that may come before the meet- ing. Notice of publication of pendency of resolution of necessity certified to by the publisher for Public Improve- ments and hearing upon proposed plans and specifications, form of Contract and cost of improvements. By direction of the City Council of the City of Dubuque notice is hereby given that a resolution of necessity is proposed for passage and adoption for the construction of an 8 -inch sanitary sewer in Valley Street, from Mt. Loretta Street to the man -hole in Valley and Quinn Streets and in Riker Street from the man -hole in Valley Street to its western termin- us, said resolution having been pro- posed at a meeting of said Council on the 26th day of September, 1929. Councilman McEvoy moved that the notice be received and filed. Sec- onded by Councilman Jansen. Car- ried by the following vote: Yeas —Mayor Andelfinger, Coun- cilmen Jansen, McEvoy, Meuser, Schuckert. Nays —None. Remonstrances against the pro- posed sewer filed by Geo. H. Schill- ing, Frank M. Mathis, Frank Weber et al. Councilman Jansen moved that the rules be suspended to allow anyone present who wishes to do so, to address the Council. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Andelfinger, Coun- cilmen Jansen, McEvoy, Meuser, Schuckert. Nays - -None. Attorney J. W. Kintzinger address- ed the Council, stating that he rep- resented the majority of the property owners who signed the petition against the proposed sewer, stating that the property along the proposed sewer will not stand the assessment, that the property of some of the petitioners are too low to connect with the sewer, that in most of the street there is solid rock to be blasted, that there are only four houses on said street, and that the sewer is not necessary, that some of these lots are not worth more than about $75.00 and the assessment against them would be from $200.00 to $400.00 and they hereby request the Council to view the property be- fore passing any resolutions to con- struct said proposed sewer. Mr. James Mulligan et al, add- ressed the Council, in favor of the sewer, stating that it is necessary for the public health that the sewer be constructed and furthermore if there was a sewer in this district, there would be more houses built, and consequently the property would become more valuable. Councilman Meuser moved that the remonstrances be referred to the Council to view the grounds. Sec- onded by Councilman McEvoy. Car- ried by the following vote: Yeas — Mayor Andelfinger, Coun- cilmen Jansen, McEvoy, Meuser, Schuckert. Nays —None. Councilman Schuckert moved that action on the resolution of necessity for the construction of said proposed sanitary sewer in Valley Street be deferred. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Andelfinger, Coun- cilmen Jansen, McEvoy, Meuser, Schuckert. Nays —None. Notice of publication certified to by the publisher of the City Council's intention to levy a special assess- ment and auhorize the issuance of bonds to provide for the payment of improving West 17th and Clark Streets from the South property line of West Locust Street to the East property line of Pierce Street, amount of assessment $11,696.85, James F. Lee Paving Co., con- tractors. Councilman Schuckert moved that the notice be received and filed. Sec- onded by Councilman Jansen. Car- ried by the following vote: Yeas —Mayor Andelfinger, Coun- cilmen Jansen, McEvoy, Meuser, Schuckert. Nays —None. Notice of publication certified to by the publisher of the City Council's intention to authorize the issuance of Special Session, October 14th, 1929 487 bonds in the amount of $11,696.85, and a hearing thereon will be held on the 14th day of October, 1929, presented. Councilman McEvoy moved that the notice be received and filed. Sec- onded by Counciman McEvoy. Car- ried by the following vote: Yeas —Mayor Andelfinger, Coun- cilmen Jansen, McEvoy, Meuser, Schuckert. Nays —None. Petition of Mrs. Edw. Milligan remonstrating against assessment as levied against lot 8 and the West 15 feet of lot 7 for the improvement of West 17th and Clark Streets. Councilman Meuser moved that the following reductions be made: Lot 8 be reduced from $249.66 to $162.41; a reduction of $87.25, and the West 15 feet of lot 7 be reduced from $83.21 to $45.80; a; reduction of $37.41 and the Auditor be instructed to draw warrants for said amounts on the General Fund in favor of the special assessment fund to make up the shortage thus created. Seconded by Councilman Schuckert. Carried by the following vote: ' Yeas —Mayor Andelfinger, Coun- cilmen Jansen, McEvoy, Meuser, Schuckert. Nays —None. Remonstrances of Catherine Rea and Mrs. Sarah Larkin against the assessments as levied against their respective properties, presented. Councilman Meuser moved that the remonstrances be received and filed. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Andelfinger, Coun- cilmen Jansen, McEvoy, Meuser, Schuckert. Nays —None. October 9, 1929. Mr. John Stuber, City Clerk, Dubuque, Iowa. Dear Sir: At the Council meeting held Sep- tember 10th, a communication from Mrs.. Edw. Milligan, remonstrating against the assessment levied against lot 8 and the west 15 feet of lot 7, Yates Subdivision for the improve- ment of West 17th and Clark Streets was referred to the Council for in- vestigation and this is to advise that on October 7th, the Council did in- vestigate this proposition on the ground and determined that the 1 / 4 valuation of lot 8 be set at $100.00 and the 1 / 4 valuation of the west 15 feet of lot 7 be set at $25.00 and that all assessments levied on account of this improvement in excess of these amounts be paid out of the public 488 Special Session, October 14th, 1929 improvement fund. All other as- sessments on. this improvement were determined to be equitable by the Council. Will you therefore present this matter to the Council for con- firmation and record? Respectfully submitted, O. A. KRATZ, City Manager. Councilman Meuser moved that the report be approved and made a matter of record. Seconded by Coun- cilman Schuckert. Carried by the following vote: Yeas -Mayor Andelfinger, Coun- cilmen Jansen, McEvoy, Meuser, Schuckert. Nays -None. Resolution No. 594 SCHEDULE OF ASSESSMENTS. Resolved by the City Council of the City of Dubuque: That to pay for the improving of West 17th. Street and Clark Streets from the south property line of West Locust Street to the east property line of Pierce Street, by James F. Lee Pav- ing Co., contractors, 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, sit- uate and owned, and for the several amounts set opposite each lot or par- cel of real estate, as follows: Spe- cial assessment submitted 19 Owner. Location Assessment. J. J. Lynn, Estate; Lot 3; Sub. City Lot 670 $ 550.74 J. J. Lynn, Estate; Lot 4; Sub. City Lot 670 J. J. Lynn, Estate; Lot 5; Sub. City Lot 670 J. J. Lynn, Estate; Lot 2; Bowens Sub. E. 1 / 2 J. J. Lynn, Estate; Lot 8; Sub. E. Pt. City Lot 682 - East 20 ft 2 inches 107.13 Paulina Danner; Lot 8; Sub E. Pt. City Lot 682 -West 29 ft. 10 inches Jos. J. Gill Estate; Lot 7; Sub. E. Pt. City Lot 682 .... Jos. J. Gill Estate; Lot 6; Sub. E. Pt. City Lot 682 Cath. Halpin and Agnes Ahern; Lot 5; Sub. E. Pt City Lot 682 Mary C. Reilly; Lot 4A; Sub. E. Pt. City Lot 682 Julia Clark; Lot 4; Sub. E Pt. City Lot 682 Julia Clark; Lot 3; Sub. E Pt. City Lot 682 Wm. Grings; Lot 2; Sub. E Pt. City Lot 682, N. E. 1 / 2 84.17 64.99 • 23.47 153.85 256.96 252.97 252.42 127.58 128.76 263.08 133.80 Anna Kenety; Lot 2; Sub. E. Pt. City Lot 682, S. W 1 /z Geo. L. Kenneally; Lot 2; Sub. Lot 1 Sub. E. Pt. City Lot 682 Margt. and Mary Reilly; Lot 1; Sub. Lot 1 Sub. E. Pt. City Lot 682 J. W. Norton; Lot 7; Gil - liams Sub., South 8 ft. J. W. Norton; Lot 8; Gil- hams Sub., South 5 ft. Henry E. Schell; Lot 1; Quigleys Sub. of Out Lot 709, N. E. 25 ft. John Gehrig; Lot 1; Quig- leys Sub. of Out Lot 709, S. W. 32 ft 6 inches W. Long and J. C. Donovan; Lot 1; Sub. Lot 2 Quig- leys Sub. of Out Lot 709 John J. Kenety; Lot 2; Sub Lot 2 Quigleys Sub. of Out Lot 709 Adolph G. Stotz; Lot 3; Quigleys Sub. of Out Lot 709 Melvin Lynn; Lot 4; Quig- leys Sub. of Out Lot 709, E. 38 ft. Sarah A. Turley; Lot 4; Quigleys Sub. of Out Lot 709, W. 12 ft 6 inches Sarah A. Turley; Lot 5; Quigleys Sub. of Out Lot 709, E. 17 ft. 6 inches Bertha A. Hamel; Lot 5; Quigleys Sub. of Out Lot 709, W. 33 ft. Ann McAllister Morrow; Lot 6; Quigleys Sub. of Out Lot 709 Ed. F. Milligan; Lot 7; Quigleys Sub. of Out Lot 709 Ed. E. Milligan; Lot 8; Yates Sub. Ed. E. Milligan; Lot 7; Yates Sub., W. 15 ft. H. C. Carpenter; Lot 7; Yates Sub., E. 30 ft. Louis and Emma J. Breit - haupt; Lot 6; Yates Sub. Realty Inv. Corp.; Lot 5; Yates Sub. K. and Wm. Blakeman; Lot 4; Yates Sub. John Foley; Lot 3; Yates Sub. Ellen C. Rice; Lot 2; Yates Sub. Elmer J. Lynn; Lot 1; Yates Sub. Ed. C. Kuehnle; Lot 21; Morgans Sub. 133.85 133.90 171.41 3.16 1.58 139.06 181.36 222.63 58.42 280.92 211.40 69.55 97.33 183.60 280.92 David and Phoebe Metcalf; Lot 1; Sub. Lot 1 of 1A of E. Pt. of City Lot 682 196.20 280.92 162.41 45.80 166.46 249.66 249.66 249.66 249.66 263.54 263.54 223.76 Wm. Metcalf; Lot 2; Sub. Lot 1 of 1A of E. Pt. of City Lot 682 Chas. Chewing; Lot 2; Sub Lot 1A of E. Pt. of City Lot 682, S. W. 26 ft. James R. Kean; Lot 2; Sub Lot 1A of E. Pt. of City Lot 682, N. E. 25 ft. Donald Morrow Estate; Lot 2; Sub. Lot 2 of 2 of City Lot 670 Theo. Messink Estate; Lot 2; Sub. Lot 1 of 2 of City Lot 670 Eva M. Hodges; Lot 1; Sub Lot 1 of 1 of 1 of 1 of 2 of City Lot 670, N. 1 / 2 Winifred Wheeler Estate; Lot 2; Sub. Lot 1 of 1 of 1 of 1 of 2 of City Lot 670, N. 30 ft. Cath. Rea; Lot 1; Quigleys Sub. of Out Lot 712, S. 75 ft. James and Mary Larkin; Lot 1; Quigleys Sub. of Out Lot 712, N. 50 ft. Sarah Larkin; Lot 2; Quig- leys Sub. of Out Lot 712, S. 73 ft. Mary Barrett; Lot 2; Quig- leys Sub. of Out Lot 712, N. 52 ft. Helen F. Grote; Lot 3; Quigleys Sub. of Out Lot 712 Ed. Milligan; Lot 4; Quig- leys Sub. of Out Lot 712 _. Peter Betz; Lot 5; Quigleys Sub. of Out Lot 712 Peter Eisbach Est.; Lot 6; Quigleys Sub. of Out Lot 712 Peter Eisbach Est.; Lot 7; Quigleys Sub. of Out Lot 712 Alex J. Duccini; Lot 15; Yates Sub. Mary and Catherine Smith; Lot 14; Yates Sub. Hugh McMullen; Lot 13; Yates Sub. N. C. Schuster; Lot 12; Yates Sub. N. C. Schuster; Lot 11; Yates Sub. Wm. F. Neuman; Lot 10; Yates Sub. Ed. C. Kuehn le; Lot 9; Yates Sub. Special Session, October 14th, 1929 5.20 65.86 69.84 334.34 301.95 44.63 7.70 225.22 52.96 222.57 55.65 278.18 278.18 278.18 278.18 155.75 249.66 249.66 249.66 249.66 249.66 249.66 249.66 Total $11,696.85 5413.86 sq. yds. concrete pavement at $2.03 per sq. yd. $10,990.14 3 standard catch basins at $69.00 each 20 Steps and Radius, West Locust & Clark Streets __ 116.19 1 4 Extra expense at 3.38998 per cent 383.52 Total $11,696.85 All of which is assessed in pro- portion to the special benefits con- ferred. Approved October 14th, 1929. Adopted October 14th, 1929. M. B. ANDELFINGER, Mayor. ED. McEVOY, GEO. O. JANSEN, H. F. SCHUCKERT, WIt . H. MEUSER, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Schuckert moved the adoption of the resolution. Seconded by Councilman Meuser. Carried by the following vote: Yeas -Mayor Andelfinger, Coun- cilmen Jansen, McEvoy, Meuser, Schuckert. Nays -None. Resolution No. 595 - 29. A RESOLUTION providing for the issuance of public Improvement Bonds. Whereas, the contract heretofore entered into by the City of Dubuque for the improvement of West 17th. Street and Clark Street hereinafter described, has been completed and said improvement has been accepted by the City Council of said City and the City Engineer has computed the cost and expense thereof to be $11,696.85. And Whereas, public notice as pro- vided by law, has been published by the City Clerk stating the intention of the City Council to issue bonds to pay the cost of said improvement 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 West 17th Street and Clark Street from the south property line of West Locust Street to the east property line of Pierce Street, there be issued improvement bonds to the amount of $11,696.85. Said bonds shall be issued under the pro- visions of Chapter 311 of the Code of Iowa, 1927, which bear date as of the 14th day of October, 1929; shall be in the denominations of $500.00, except that there shall be one bond to the amount of $196.85. They shall be numbered from 2237 to 2260 in- clusive and shall be divided into ten series of which the bonds numbered 2237 and 2238 shall constitute the 490 Special Session, October 14th, 1929 first series and shall be payable the 1st day of April, A. D., 1930; the bonds numbered 2239 and 2240 shall constitute the second series and shall be payable the 1st day of April, A. D., 1931; the bonds numbered 2241 and 2242 shall constitute the third series and shall be payable the 1st day of April, A. D., 1932; the bonds numbered 2243, 2244 and 2245 shall constitute the fourth series and shall be payable the 1st day of April, A. D., 1933; the bonds numbered 2246, 2247 and 2248 shall constitute the fifth series and shall be payable the 1st day of. April, A. D., 1934; the bonds numbered 2249, 2250 and 2251 shall constitute the sixth series and shall be payable the lst day of April, A. D., 1935; the bonds numbered 2252, 2253 and 2254 shall constitute the seventh series and shall be pay- able the lst day of April, A. D., 1936; the bonds numbered 2255 and 2256 shall constitute the eighth series and shall be payable the 1st day of April, A. D., 1937; the bonds numbered 2257 and 2258 shall constitute the ninth series and shall be payable the 1st day of April, A. D., 1938; the bonds numbered 2259 and 2260 shall con- stitute the tenth series and shall be payable the 1st day of April, A. D., 1939. Said bonds shall bear interest at the rate of five 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 assessment levied for said improvement. Both principal and interest shall be payable at the office of the City Treasurer in the City of Dubuque. Said bonds shall be substatially 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- of, on the first day of April, A. D., 19 ; or any time before that date at the option of the City, the sum of $500.00 with interest thereon at the rate of five per cent per annum, pay- able on the presentation and sur- render of the interest coupons hereto attached, 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 October, 1929. This bond is one of a series of twenty -four bonds, twenty -three for $500.00, numbered from 2237 to 2259 inclusive and one for $196.85, numbered 2260, all of like tenor and date, and issued for the purpose of improving West 17th. Street and Clark Street from the south property line of West Locust Street to the east property line of Pierce 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 ad- jacent property, and payable in ten annual installments, with interest on all deferred payments at the rate of five per cent per annum, and this bond is payable only out of the mon- ey derived from the collection of said special tax, and said money can be used for no other purpose. And it is hereby certified and recited that all the acts and conditions and things required to be done precedent to and in the issuing of this series of bonds, have been done, happened and per- formed in regular and due form as required by law and resolution; and for the assessments, collections and payments hereon of said special tax, the faith and diligence of said City of Dubuque 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 October, 1929, and has authorized the use of their fac - simile signature to the interest coupons hereto attached. 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 month's interest due that day on its Improve- ment Bond No dated 19 Countersigned: Mayor. 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 to 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 Resolved that the interest coupons attached to the bonds be signed with the fac- simile signature of the Mayor and counter- signed with the fac - 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 this 14th day of October, 1929. Approved: M. B. ANDELFINGER, Mayor. ED. McEVOY, GEO. O. JANSEN, H. F. SCHUCKERT, WM. H. MEUSER, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Schuckert moved the adoption of the resolution. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Andelfinger, Coun- cilmen Jansen, McEvoy, Meuser, Schuckert. Nays —None. Notice of publication certified to by the publisher of the City Council's intention to levy a special assess- ment and authorize the issuance of bonds to provide for the payment of the improvement of Saunders Street from the West property line of Lem- on Street to the west line of Lot 46 Fairmont Park Add.; amount of assessment $3,061.16, Uhlrich, Paley Co., contractors. Councilman Schuckert moved that the notice be received and filed. Sec- onded by Councilman McEvoy. Car- ried by the following vote: Yeas —Mayor Andellnger, Coun- cilmen Jansen, McEvoy, Meuser, Schuckert. Nays —None. Remonstrances of Agatha Heim against the assessments as levied against Lot 2 -3 -4 Humboldt Add., and Lot 2 of 2 of 59 Fairmont Park Special Session, October 14th, 1929 491 Add., for the improving of Saunders Street, stating that the assessment exceeds 25 per cent of the actual value of the lots. Remonstrance of John L. Heim, objecting to the assessment as levied against lot 1 Fairmont Park Add., for the improvement of Saunders Street stating that the assessment exceeds 25 per cent of the actual valuation of the lot. Attorney Milton Glenn add- ressed the Council relative to the assessments. Cuuncilman Meuser moved that the following reductions be made: Agatha Heim; Lot 1; Humboldt Add., S. 1 / 2 ; reduce from $59.65 to $20.37. Lot 2; Humboldts Add., S. 1 /2; reduce from $79.55 to $35.62. Lot 3; Hum- boldt Add.; reduce from $104.68 to $51.50. Lot 4; Humboldt Add.; re- duce from $120.15 to $51.75. John L. Heim; Lot 1; Fairmont Park Add.; reduce from $240.30 to $189.25 and the Auditor be instructed to draw a warrant for the several amounts of reductions made on the general fund in favor of the special improve- ment fund to make up the deficiency thus created. Seconded by Council- man McEvoy. Carried by the fol- lowing vote: Yeas - -Mayor Andelfinger, Coun- cilmen Jansen, McEvoy, Meuser, Schuckert. Nays —None. Resolution No. 596 - 29. SCHEDULE OF ASSESSMENTS. Resolved by the City Council of the City of Dubuque: That to pay for the improving of Saunders Street from the west property line of Lemon Street to the west line of Lot 46 Fairmont Park Addition, by Uhl - rich -Paley 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 parcel of real estate, as follows: Special assessment sub- mitted October 14th, 1929. Owner. Location. Assessment. Agatha Heim; Lot 1; Hum- boldt Add., S. 1 /2 $ 20.37 Agatha Heim; Lot 2; Hum- boldt Add., S. 1 /2 35.62 Agatha Heim; Lot 3; Hum- boldt Add., S. 1 /2 51.50 Agatha Heim; Lot 4; Hum- boldt Add. S. 1 /2 51.75 Agatha Heim; Lot 5; Hum- boldt Add., S. 1 /2 90.91 Agatha Heini; Lot 2; Sub Lot 2 of 59, Fairmount Park Add. 43.71 492 Special Session, October 14th, 1929 Geo. Wild; Lot 1; Sub. Lot 1 of 2 of 59, Fairmount Park Add. Geo. Wild; Lot 1; Sub. Lot 1 of 59, Fairmount Park Add., S. E. 313 ft. by 130 ft. Adam F. Steger; Lot 51; Fairmount Park Add., N 1 /2 Herman J. Mueller; Lot 52; Fairmount Park Add., N 1/ E. L. Curtis Est.; Lot 56; Fairmount Park Add. E. L. Curtis Est.; Lot 55; Fairmount Park Add. E. L. Curtis Est.; Lot 54; Fairmount Park Add., N. W. 4 ft. by 25 ft. John L. Heim; Lot 1; Fair- mount Park Add. Herman Frick; Lot mount Park Add. Nora B. Jones; Lot 3; Fair- mount Park Add. Nora B. Jones; Lot 4; Fair- mount Park Add., N. W. 6 ft. by 55 ft of N. 1 / 2 Adam F. Steger; Lot 2; Sub Lot 50 Fairmount Park Add. Theo. Trumm; Lot 1; Sub. Lot 50 Fairmount Park Add. Francis Trumm; Lot 49; Fairmount Park Add., N. 1 /2 Clem. Revenig; Lot 48; Fair- mount Park Add., N. 1 /2 ...- Clem. Revenig; Lot 47; Fair- mount Park Add., N. Y2 Andrew Wieser Est.; Lot 46; Fairmount Park Add., N. 1 /2 2; Fair- 151.60 1020.80 113.13 136.16 273.67 36.58 1.12 189.25 57.39 34.24 2.39 19.68 90.68 96.34 96.34 96.34 96.34 Total $3061.16 1479.13 sq. yds. six (6) inch concrete pavement at $2.00 per sq. yd $2958.26 36.50 lin. ft. concrete curb at 65 cents per lin. ft. 23.73 Extra expense at 1.80495 53.82 Interest at 6 per cent 25.35 Total $3061.16 All of which is assessed in pro- portion to the special benefits con- ferred. Approved October 14th, 1929. Adopted October 14th, 1929. M. B. ANDELFINGER, Mayor. ED. McEVOY, GEO. O. JANSEN, H. F. SCHUCKERT, WM. H. MEUSER, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Meuser moved the adoption of the resolution. Seconded by Councilman McEvoy. Carried by the following vote: Yeas -Mayor Andelfinger, Coun- cilmen Jansen, McEvoy, Meuser, Schuckert. Nays -None. Resolution No, 597 -29. A RESOLUTION prodiving for the issuance of Public Improvement Bonds. Whereas, the contract heretofore entered into by the City of Dubuque for the improvement of Saunders 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 $3,061,16. And Whereas, public notice as pro- vided by law, has been published by the City Clerk stating the intention of the City Council to issue bonds to pay the cost of said improvement 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 Saunders Street from the west property line of Lemon Street to the west line of Lot 46, Fairmount Park Addition, there be issued improvement bonds to the amount of $3,061.16. 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 Octbber, 1929; shall be in the denominations of $300.00, except that there shall be one bond to the amount of $61.16. They shall be numbered from 2261 to 2271 inclusive and shall be divided into ten series of which the bonds numbered 2261 shall constitute the first series and shall be payable the 1st day of April, A. D., 1930; the bonds numbered 2262 shall constitute the second series and shall be payable the 1st day of April. A. D.. 1931; the bond num- bered 2263 shall constitute the third series and shall be payable the 1c +, day of April, A. D.. 1932; the bond numbered 2264 shall constitute the fourth series and shall be payable the 1st day of April. A. D., 1933; the bond numbered 2265 shall constitute the fifth series and shall be payable the 1st clay of April. A. D., 1934; thA bonds numbered 2266 and 2267 shall constitute the sixth series and shall be payable the 1st day of April. A. D.. 1935; the bond numbered 2268 shall constitute the seventh series and shall he payable the 1st day of April, A. D., 1936; the bond num- bered 2269 shall constitute the eighth series and shall be payable the 1st day of April, A. D., 1937; the bond numbered 2270 shall constitute the ninth series and shall be payable the 1st day of April,'' A. D., 1938; the bond numbered 2271 shall constitute the tenth series and shall be payable the 1st day of April, A. D., 1939. Said bonds shall bear interest at the rate of five 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 assessment levied for said im- provement. Both principal and interest shall be payable at the office of 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 here- inafter mentioned to the bearer here- of,. on the first day of April, A. D., 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 five per cent per annum, pay- able on the presentation and sur- render of the interest coupons hereto attached, 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 is- sued 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 October, 1929. This bond is one of a series of eleven bonds, ten for $300.00, numbered from 2261 to 2270 inclusive and one for $61.16. numbered 2271, all of like tenor and date, and issued for the purpose of improving Saunders Stieet from the west property line of Lemon Street to the west line of Lot 46, Fairmoun Park Addition 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, aro payable in ten an- nual installments, with interest on all deferred payments at the rate of five per cent per annum, and this bond is payable only out of the mon- ey derived from the collection of said special tax, and said money can be used for no other purpose. And it is hereby certified and reei that all the acts ' and conditions and Special Session, October 14th, 1929 Countersigned (Seal) Countersigned: Mayor. Mayor. 493 things required to be done prece- dent to and in the issuing of this series of bonds, have been done, hap- pened and performed in regular and due form as required by said law and resolution; and for the assess- ments, collections and payment here- on of said special tax, the faith and diligence of said City of Dubuque 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 October, 1929, and has authorized the use of their fac- simile signature to the interest coupons hereto attached. City Clerk. FORM OF COUPON. On the day pf 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 Ciyt of Dubuque, being month's interest due that day on its Improve- ment Bond No dated 19 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 here- by instructed to register said bonds in a book to be kept by him for that purpose, and to 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 Resolved that the interest coupons attached to the bonds be signed wih the fac- simile stignature of the Mayor and coun- tersigned with the fac - simile signa- ture of the City Clerk. Be It Furtber E esolved that as fast as funds allow, beginning with the second year after the payment of in- terest due, these bonds shall be 494 Special Session, October 14th, 1929 called and retired in the same order as numbered. Adopted this 14th day of October, 1929. Approved: M. B. ANDELFINGER, Mayor. ED. McEVOY, GEO. 0. JANSEN, H. F. SCHUCKERT, WM. H. MEUSER, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Schuckert moved the adoption of the resolution. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor Andelfinger, Coun- cilmen Jansen, McEvoy, Meuser, Schuckert. Nays —None. Petition of Lillian L. Hargue, re- ferred to the City Council by the Board of Supervisors of the County of Dubuque, stating that her 1928 tax is delinquent and she hereby asks that the 1928 tax and subse- quent tax on her property, lot 1 of the Sub - division of 1 of 1 of City lot 667 become a lien against her property. Councilman Schuckert moved that the petition be referred to the City Solicitor. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor Andelfinger, Coun- cilmen Jansen, McEvoy, Meuser, Schuckert. Nays —None. Claim of J. W. Newburgh against the City of Dubuque in the sum of $39.75 for damages to his automobile while driving on Coates Avenue on the evening of September 28th, 1929, claiming there was an obstruction in the street. Councilman Schuckert moved that the petition be referred to the City Solicitor. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Andelfinger, Coun- cilmen Jansen, McEvoy, Meuser, Schuckert. Nays —None. Petition of Miss Augusta Eighmey et al asking that the Council create restricted residence district on Fre- mont Avenue and Wartburg Place. Councilman Meuser moved that the prayer of the petition be granted and the City Solicitor be instructed to draw up the proper Ordinance. Seconded by Councilman Jansen. Carried by the following vote: Yeas —Mayor Andelfinger, Coun- cilmen Jansen, McEvoy, Meuser, Schuckert. Nays —None. Petition of Arthur A. Wagner, pro- testing against the action of the In- terstate Power Co. in abandoning their car line from White Street to the end of the line on 8th Street. No action taken. An Ordinance granting the C. M. & St P. R. R. Co. the right of way to construct a spur track between 17th and 18th Streets between Pine and Maple Streets adopted May 23rd 1910, presented by a junk dealer who now wants the track constructed. Councilman Meuser moved that the matter be referred to the City Solicitor. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Andelfinger, Coun- cilmen Jansen, McEvoy, Meuser, Schuckert. Nays —None. October 9, 1929. Mr. John Stuber, City Clerk, Dubuque, Iowa. Dear Sir: At the Council meeting held Sep- tember 3rd, a verbal remonstrance by P. McInerney protesting against assessments on various pieces of property which he owns on Pierce Street, for the paving of Pierce Street, was referred to the Council for investigation and this is to advise that the Council did investigate this proposition on the ground and de- cided that the following 1 / 4 valua- tions should govern the assessments and that all assessments in excess of these amounts on the following pro- perty should be paid out of the pub- lic improvement fund: lots 12- 13 -15- 5-7 and 8 Quigleys Sub - division of 711 to be given a $25.00 1 / 4 valua- tion. Will you therefore present this matter to the Council for confirma- tion and record? Respectfully submitted, 0. A. KRATZ, City Manager. Councilman Jansen moved that the report be approved and made a a matter of record. Seconded by Coun- cilman McEvoy. Carried by the fol- lowing vote: Yeas —Mayor Andelfinger, Coun- cilmen Jansen, McEvoy, Meuser, Schuckert. Nays —None. October 9, 1929. Mr. John Stuber, City Clerk, Dubuque, Iowa. Dear Sir: At a Council meeting held August 5th, a petition from the Pam Oil Company for permission to construct a one story office and display build- Special Session, October 14th, 1929 ing adjacent to the alley back of their filling station at 12th and Main Streets, was referred to the Council for investigation and this is to advise that on October 7th, the Council did investigate this proposition on the ground and decided that the petition should not be granted. Will you kindly present this matter to the Council for confirmation and record? Respectfully submitted, 0. A. KRATZ, City Manager. Councilman McEvoy moved that the report be approved and made a matter of record. Seconded by Coun- cilman Jansen. Carried by the fol- lowing vote: Yeas —Mayor Andelfinger, Coun- cilmen Jansen, McEvoy, Meuser, Schuckert. Nays —None. October 9, 1929. Mr. John Stuber, City Clerk, Dubuque, Iowa. Dear Sir: At the Council meeting held Sep- tember 16th, a protest from Mr. Chas. C. Wild, objecting to the as- sessment levied against lots 6 and 7 Busemans Subdivision, together with a protest from Peter Haupert object- ing to the assessments levied against lots 4 and 5 Busemans and Eberls Subdivisions for the improvement of Woodworth Street, was referred to the Council for investigation and this is to advise that the Council did investigate these matters on the ground and decided all of the pro- perty on this street was well worth the assessments and that no reduc- tions should be made. Will you therefore present this matter to the Council for confirmation and record? Respectfully submitted, 0. A. KRATZ, City Manager. Councilman McEvoy moved that the report be approved and made a matter of record. Seconded by Coun- cilman Jansen. Carried by the fol- lowing vote: Yeas —Mayor Andelfinger, Coun- cilmen Jansen, McEvoy, Meuser, Schuckert. Nays —None. October 9, 1929. Mr. John Stuber, City Clerk, Dubuque, Iowa. Dear Sir: Attached hereto is a petition from Michael Rapp et al requesting Foye Street to he paved from Lowell Street to the north line of Napier Street. The Council at their informal meeting, held October 7th, decided to pave this street and will you there- fore present the petition to the Council for formal action and record? Respectfully submitted, 0. A. KRATZ, City Manager. Councilman Schuckert moved that the report be approved and made a matter of record. Seconded by Coun- cilman McEvoy. Carried by the fol- lowing vote: Yeas--Mayor Andelfinger, Coun- cilmen Jansen, McEvoy, Meuser, Schuckert. Nays —None. October 9, 1929. 495 Mr. John Stuber, City Clerk, Dubuque, Iowa. Dear Sir: At the Council meeting held Sep- tember 3rd, a petition from J. K. Entringer et al requesting the pav- ing of Henry Street from Queen Street to Windsor Avenue was re- ferred to the Council to investigate and this is to advise that the Coun- cil did investigate this proposition on the ground and decided to include the paving of this street in the 1930 paving program. Kindly present this matter to the Council for confirma- tion and record. Respctfully submitted, 0. A. KRATZ, City Manager. Councilman McEvoy moved that the report be approved and made a matter of record. Seconded by Coun- cilman Schuckert. Carried by the following vote: Yeas —Mayor Andelfinger, Coun- cilmen Jansen, McEvoy, Meuser, Schuckert. Nays —None. October 9, 1929. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentelnien : At the Council meeting held Aug- ust 26th, a petition from various pro- perty owners on Southern Avenue asking that the holes in the street be filled up and that busses be re- routed over this street,- was referred to your City Manager to take up with the Interstate Power Company in re- gard to the feasibility of rerouting busses over this street. Your City Manager did take this proposition up with Mr. C. E. Dove of the Interstate Power Company and he advises that they are mak- ing a complete study of their entire transportation system and would give this matter proper considera- tion when the rerouting of busses was considered and in the meantime 496 Special Session, October 14th, 1929 your City Manager has had the street put in a fair state of repair. Very respectiflly submitted, O. A. KRATZ, City Manager. Councilman Schuckert moved that the report be approved and made a matter of record. Seconded by Coun- cilman Meuser. Carried by the fol- lowing vote: Yeas- 1Vlayor Andelfinger, Coun- cilmen Jansen, McEvoy, Meuser, Schuckert, - Nays —None. October 9, 1929. Mr. John Stuber, City Clerk, Dubuque, Iowa. Dear Sir: At the Council meeting held Sep- tember 10th, a remonstrance from Mrs. Catherine Rea and Mrs. Edw. Milligan remonstrating against sew- er and water connection assess- ments on the improvement of West 17th and Clark Streets, was referred to the Council for investigation and this is to advise that on October 7th, the Council investigated this propo- sition on the ground and considered that the assessments were fair and equitable and therefore not subject to any reduction. Will you therefore present this matter to the Council for formal action and record? Respectfully submitted, O. A. KRATZ, City Manager. Councilman Meuser moved that the report be approved and made a matter of record. Seconded by Coun- cilman Schuckert. Carried by the following vote: Yeas —Mayor Andelfinger, Coun- cilmen Jansen, McEvoy, Meuser, Schuckert. Nays —None. October 9, 1929. Mr. John Stuber, City Clerk, Dubuque, Iowa. Dear Sir: At the Council meeting held Nov- ember 22nd, 1928, a petition from Jas. Lavin, asking that Avoca Street be improved from Cherry Street to Green Street, was referred to the City Manager for report and at the meeting held April 5th, 1929, a com- munication froni the School Board to pave Avoca Street from Seminary Street to Decorah Street and the mat- ter of extending Algona Street to Rosedale Avenue and the paving of Algona Street, were referred to 'the Council for investigation and this is to advise that the Council did invest- igate these matters on the ground and decided to include the paving of Ayoca Street from Seminary Street to Decorah Street and Decorah Street from Avoca Street to Ashton Street which will make a complete connection with the pavements in the vicinity of Delhi Street. However, the Council thought it unnecessary at this time to extend or pave Algona Street as requested by the School Board. Will you therefore kindly present these matters to the Council for con- firmation and record? Respectfully submitted, O. A. KRATZ, City Manager. Councilman Jansen moved that the report be approved and made a matter of record. Seconded by Coun- cilman McEvoy. Carried by the fol- lowing votet: Yeas —Mayor Andelfinger, Coun- cilmen Jansen, McEvoy, Meuser, Schuckert. Nays —None. October 9, 1929. Mr. John Stuber, City Clerk, Dubuque, Iowa. Dear Sir: At the Council meeting held Aug- ust 13th, a petition from Mr. George W. Meyer et al, requesting that the alley between Auburn and Algona Streets and between Custer and West 14th Streets be vacated, was referred to the Council for investi- gation and this is to advise that the Council did view the grounds and decided that said alley should not be vacated. Will you therefore present this matter to the Council for confirma- tion and record? Respectfully submitted, O. A. KRATZ, City Manager. Councilman Schuckert moved that the report be approved and made a matter of record. Seconded by Coun- cilman Jansen. Carried by the fol- lowing vote: Yeas —Mayor Andelfinger, Coun- cilmen Jansen, McEvoy, Meuser, Schuckert. Nays —None. October 9, 1929. Mr. John Stuber, City Clerk, Dubuque, Iowa. Dear Sir: At the Council meeting held Sep- tember 26th, a petition from Giunta Bros., asking for permission to con- struct an approach on City property south of City Hall, was referred to the Council for, investigation and this is to advise that the Council did investigate this proposition on the ground and decided that the peti- tion should not be granted. Will you therefore present this matter to the Council for confirmation and record? Respectfully submitted, O. A. KRATZ, City Manager. Councilman Schuckert moved that the report be approved and made a matter of record. Seconded by Coun- cilman McEvoy. Carried by the fol- lowing vote: Yeas —Mayor Andelfinger, Coun- cilmen Jansen, McEvoy, Meuser, Schuckert. Nays =None. October. 9, 1929. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At your meeting held September 30th, 1929, a petition from Mr. C. Buelow for permission to erect a garage adjoining his store building at 1555 South Grandview Avenue, was referred to your City Manager with power and this is to advise that upon proper investigation, your City Manager has authorized the issuance of the permit, said building to com- ply in every respect with the Build- ing Code. Very respectfully submitted, O. A. KRATZ, City Manager. Councilman Schuckert moved that the report be approved and made a matter of record. Seconded by Coun- cilman Meuser. Carried by the fol- lowing vote: Yeas —Mayor Andelfinger, Coun- cilmen Jansen, McEvoy, Meuser, Schuckert, Nays —None. October 9, 1929. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At your meeting held September 30th, 1929, a petition from 11. L. Fitzgerald asking' that a private sewer which he intends to build in Hodgdon Street, be staked out by the City Engineer, was referred to the City Manager and this is to ad- vise that the City Engineer has been authorized to stake out the sewer as requested. However, Mr. Fitzgerald should follow the usual procedure of obtaining a permit to construct said sewer in a public street and he has been so informed. Very respectfully submitted, O. A. KRATZ, City Manager. • Councilman Schuckert moved that the report be approved and made a matter of record. Seconded by Coun- cilman Meuser. Carried by the fol- lowing vote: Special Session, October 14th, 1929 497 Yeas —Mayor Andelfinger, Coun- cilmen Jansen, McEvoy, Meuser, Schuckert. Nays —None. October 9, 1929. Mr. John Stuber, City Clerk, Dubuque, Iowa. Dear Sir: This is to advise that at the Coun- cil meeting held September 6th, a communication from J. J. Burke, offering to purchase two lots from the City at the corner of Railroad Street and Southern Avenue, was re- ferred to the Council for investiga- tion and this is to advise that the Council did investigate the proposi- tion on the ground and decided not to sell any Of the Rafferty Slough property which is being held strictly for industrial purposes and not to be used for any other purpose and therefore Mr. Burke's offer is not acceptable to the Council. Kindly present this to the Council for form- al action and record. Respectfully submitted, O. A. KRATZ, City Manager. Councilman Schuckert moved that the report be approved and made a matter of record. Seconded by Coun- cilman Meuser. Carried by the fol- lowing vote: Nays —None. October 9, 1929. Mr. John Stuber, City Clerk, Duliuque, Iowa. Dear Sir: At the Council meeting held July 16th, a petition from George W. Meyer et al, requesting that Custer Street from Algona to Auburn Streets be paved, was referred to the Council for investigation on the ground and this ,is to advise that the Council did investigate this improve- ment on the ground and approved same to go on the 1930 paving pro- gram. Will you therefore present this matter to the Council for formal action and record Respectfully submitted, O. A. KRATZ, City Manager. Councilman Schuckert moved that the report be approved and made a matter of record. Seconded by Coun- cilman McEvoy. Carried by the fol- lowing vote: Yeas —Mayor Andelfinger, Coun- cilmen Jansen, McEvoy, Meuser, Schuckert. Nays —None. Communication from the Chamber of Commerce, stating that the annual convention of the Mississippi Valley association will be held at Hotel 498 Special Session, October 14th, 1929 Statler, St. Louis, Mo., on Monday and Tuesday, November 11 and 12, 1929, and they are anxious that Du- buque should be well represented at this meeting in order that we might show our interest in the proposed nine -foot channel project. Stating that the Chamber and the Dock com- mission will send representatives and ask that the City appoint the Mayor and City Manager to repre- sent the City. Councilman McEvoy moved that the Mayor be appointed to attend this convention. Seconded by Coun- cilman Jansen. Carried by the fol- lowing vote: Yeas —Mayor Andelfinger, Coun- cilmen Jansen, McEvoy, Meuser, Schuckert. Nays —None. City Manager Kratz reported on the verbal petition of A. E. Steger referred to him and the City Engin- eer for investigation and report. Mr. Steger addressed the Council at a former meeting and stated that he was assessed for the sanitary sewer in Saunders Street, in the amount of $73.84, when he had already paid for, the sewer in Stoltz Street, as- sessment being $23.85. The City Manager reported that they had found things as Mr. Steger had stated and recommended that the assessment for the sewer in Saunders Street be reduced to the amount of the assessment in Stoltz Street, namely, $23.85, leaving a bal- ance to be paid of 49.99 and the Auditor be instructed to draw a warrant in the sum of $23.85 on. the General fund in favor of the special improvement fund to make up the deficiency thus created. Councilman Meuser moved that the recommendation of the Manager and Engineer be approved and the Auditor be instructed accordingly. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Andelfinger, Coun- cilmen Jansen, McEvoy, Meuser, Schuckert. Nays —None. There being no further business, Council adjourned. JOHN STUBER, City Clerk. Approved _ ....... 1.... ....... _...._..._..... ..._ 1929. Adopted 1929. Councilmen: 1 Attest: . .............. City Clerk. Special Session, October 18th, 1929 499 CITY COUNCIL (Official) Special session, October. 18th, 1929. Meeting called by order of Coun- cilmen Schuckert, and Jansen. Council met at 7:40 P. M. Present —City Manager Kratz, Councilmen Jansen, McEvoy, Meuser, Schuckert. Absent —Mayor Andelfinger. Councilman McEvoy moved that Councilman Meuser be appointed as Mayor pro -tem of this meeting. Sec- onded by Councilman Schuckert. Carried by the following vote: Yeas — Councilmen Jansen, Mc- Evoy, Schuckert. Nays —None. Absent —Mayor Andelfinger. Not Voting— Councilman Meuser. Mayor pro -tem Meuser read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of levying a special assessment and authorizing the issuance of certifi- cates to pay for the construction and .installation of sewer and water con- nections in Saunders Street and act- ing on any other business that may come before the meeting. Notice of publication certified to by the publisher of the City Council's intention to levy a special assess- ment and authorize the issuance of certificates to provide for the pay- ment of constructing and installing sewer and water connections in Saunders Street from the west pro- perty line of Lemon Street to the west line of Lot 46 Fairmount Add- ition, amount of assessment $414.29, Curtis and Co., contractors. Councilman Schuckert moved that the notice be received and filed. Sec- onded by Councilman Jansen. Car- ried by the following vote: Yeas —Mayor pro -tem Meuser, Councilmen McEvoy, Jansen, Schuck- ert. Nays —None. Absent —Mayor Andelfinger. Resolution No. 598 -29. SCHEDULE OF ASSESSMENTS. Resolved by the City Council of the City of Dubuque: That to pay for installing sewer and water con- nections in Saunders Street from the west property line of Lemoh Street to the west line of Lot 46 Fairmount Park Addition, by Curtis & Co., con- tractors, 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 es- tate hereinafter named, situate and owned, and for the several amounts set opposite each lot or parcel of real estate, as follows: Special as- sessment submitted October 18, 1929. Owner. Location. Assessment. George Wild; Lot 1; Sub. Lot 1 of 59 Fairmount Park Add. $ 37.70 George Wild; Lot 1; Sub. Lot 1 of , 59, Fairmount Park Add. 37.40 George Wild; Lot 1; Sub. Lot 1 of 59, Fairmount Park Add. 37.10 George Wild; Lot 1; Sub. Lot 1 of 59, Fairmount Park Add. 57.34 George Wild; Lot 1; Sub. 1 of 2 of 59, Fairmount Park Add. 49.02 Agatha Heim; Lot 5; Hum- boldt Add. 49.65 Andrew Weiser Esct.; Lot 46; Fairmount Park Add. 40.15 Clem Revenig; Lot 47; Fair- mount Park Add. 32.93 Clem Revenig; Lot 48; Fair- mount Park Add. 33.23 Theo. Trumm; Lot 50; Fair- mount Park Add. 21.00 E. L. Curtis Est.; Lot 56; Fairmount Park Add. 18.77 Total $414.29 159 lin. ft. 6 inch tile pipe at 93 cents per lin. ft. $147.87 168.5 lin. ft. water pipe at $1.56 per lin. ft. 262.86 Interest at 6 per cent 3.56 Total $414.29 All of which is assessed in pro- portion to the special benefits con- ferred. Approved October 18, 1929. Adopted October 18, 1929. GEO. O. JANSEN, E.D. McEVOY, H. F. SCHUCKERT, WM. H. MEUSER, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Schuckert moved the adoption of the resolution. Seconded by Councilman Jansen. Carried by the following vote: Yeas —Mayor pro -tem Meuser, Councilmen Jansen, McEvoy, Schuck- ert. Nays —None. Absent —Mayor Andelfinger? Resolution No. 599 -29. AUTHORIZING THE ISSUANCE OF CERTIFICATES. Whereas, the contract heretofore entered into by the City of Dubuque for the installing of sewer and water connections in Saunders Street from the west property line of Lemon 500 Special Session, October 18th, 1929 Street to the west line of Lot 46, Fairmount Park Addition has been completed and the Engineer has computed the cost and expense thereof and special assessments have been levied by the City Council against the lots and parcels of real estate benefited by such improve- ments and it is now deemed advis- able to provide for the issuance of certificates to pay the contractor for the construction of such improve- ments; now therefor, Be it resolved by the City Council of the City of Dubuque that the May- or be and he is hereby directed to execute and deliver to the City Treasurer, to be by him registered and countersigned certificates as fol- lows: One certificate in the sum of $37.70 for assessment levied against Lot 1 Sub. Lot 1 of 59, Fairmount Park Addition, George Wild, owner. One certificate in the sum of $37.40 for assessment levied against Lot 1; Sub. Lot 1 of 59, Fairmount Park Addition, George Wild, owner. One certificate in the sum of $37.10 for assessment levied against Lot 1; Sub. Lot 1 of 59, Fairmount Park Addition, George Wild, owner. One certificate in the sum of $57.34 for assessment levied against Lot 1; Sub. Lot 1 of 59, Fairmount Park Addition, George Wild, owner. One certificate in the sum of $49.02 for assessment levied against Lot 1; Sub. Lot 1 of 2 of 59, Fairmount Park Addition, George Wild, owner. One certificate in the sum of $49.65 for assessment levied against Lot 5; Humboldt Addition, Agatha Heim, owner. One certificate in the sum of $40.15 for assessment levied against Lot 4; Fairmount Park Addition, Andrew Weiser Estate, owner. One certificate in the sum of $32.93 for assessment levied against Lot 47; Fairmount Park Addition, Clem. Revenig, owner. One certificate in the sum of $33.23 for assessment levied against Lot 48; Fairmount Park Addition, Clem. Revenig, owner. One certificate in the sum of $21.00 for assessment levied against Lot 50; Fairmount Park Addition, Theo. Trumm, owner. One certificate in the sum of $18.77 for assessment levied against Lot 56; Fairmount Park Addition, E. L. Curtis Estate, owner. Each certificate shall be numbered consecutively and be made in favor of Curtis & Co., contractors, and bear date of October 18th., 1929, and be payable on or before seven (7) years after the date thereof and bear interest at the rate of 6 per cent per annum, payable semi- annually. Passed, adopted and approved this 18th day of October, 1929. , GEO. O. JANSEN, ED. McEVOY, H. F. SCHUCKERT, WM. H. MEUSER, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman McEvoy moved the adoption of the resolution. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor pro -tem Meuser, Councilmen Jansen, McEvoy, Schuck- ert. Nays —None. Absent —Mayor Andelfinger. Petition of J. L. Daniels, request- ing that when the alley between Auburn and Algona Streets from Custer Street to West 14th Street is improved, that the alley be opened and paved all the way through. Councilman Schuckert moved that the petition be referred to the Coun- cil. Seconded by Councilman Jansen. Carried by the following vote: Yeas -Mayor pro -tem Meuser, Councilmen Jansen, M c E v o y, Schuckert. Nays —None. Absent —Mayor Andelfinger. Petition of the Visiting Nurse Association stating that the Associa- tion has outgrown its present quart- ers, and they hereby ask that the City Council allow them to move their quarters to the City Hall. Signed by Mrs, Harlow Adams, pres., and Katherine Gabriel, supt. Councilman Jansen moved that the prayer of the petition be granted. Seconded by Councilman McEvoy. Carried by theh following vote: Yeas —Mayor pro -tem Meuser, Councilmen Jansen, M c E v o y, Schuckert. Nays —None. Absent —Mayor Andelfinger. Petition of B. F. Hanfelt, 177 South Locust Street, stating that the as- sessment as levied against his pro- perty for the improvement of South Locust Street is much too high as compared with the assessments of his neighbors and he hereby asks that his assessment be reduced. Councilman McEvoy moved that the petition be referred to the Coun- cil. Seconded by Councilman Jan- sen. Carried by the following vote: Yeas —Mayor pro -tem Meuser, Councilmen Jansen, M c E v o y, Schuckert. Nays —None. Absent —Mayor Andelfinger. City Council proceedings for the month of August, 1929, presented for approval. Special Session, October 18th, 1929 Councilman McEvoy moved that the proceedings be approved as printed and made a matter of record. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor pro -tem Meuser, Councilmen Jansen, M c E v o y, Schuckert. Nays —None. Absent —Mayor Andelfinger. Petition of Merchants on 8th Street between Main and Bluff Streets requesting that the parking time in these two blocks be limited to 15 minutes during the day, during the time of the building activities in this locality. Councilman McEvoy moved that the petition be referred to the City Manager to report back to the Coun- cil. Seconded by Councilman Jan- sen. Carried by the following vote: Yeas —Mayor pro -tem Meuser, Councilmen Jansen, M c E v o y, Schuckert. Nays —None. Absent —Mayor Andelfinger. Communication of Frank Coates stating that the Sign Bond of Byrne Bros. has expired September 18th and is therefore discontinued by his company. Councilman McEvoy moved that the communication be referred to the Building Commissioner, to inform them that it is necessary for them to furnish another bond. Seconded by Councilman Jansen. Carried by the following vote: Yeas —Mayor pro -tem Meuser, Councilmen Jansen, M c E v o y, Schuckert. Nays —None. Absent —Mayor Andelfinger. October 17, 1929. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have ap- proved the following bonds and de- sire to have your approval on same for filling. SIGN BONDS. Curtis & Co., 1069 Main Street; Bond No. 17- 12- 1001 -28, U. S. Fidelity & Guaranty Co. Iowa Oil Co., 6th & Central Ave. and 27th & Jackson Streets; Policy No. IGB 1166, Standard Accident Ins. Co. Iowa Oil Co., 1555 S. Grandview Ave.; Policy No. IBG 1171, Standard Accident Ins. Co. Iowa Oil Co., 4th & Locust Streets, 20th & Jackson Streets, Delhi & As- bury Streets, and 14th & White Streets; Policy No. GA 18491, Geor- gia Casualty Co. Nicholas Peschang, 743 Central 501 Ave.; Policy No. 594286, Southern Surety Co. GENERAL CONTRACTOR'S BOND. Rye Construction Co., Mason City, Iowa; Bond No. 17 -12- 1109 -29, U. S. Fidelity & Guaranty Co. Respectfully submitted, O. A. KRATZ, City Manager. Councilman Schuckert moved that the bonds be approved and placed on file. Seconded by Councilman Mc- Evoy. Carried by the following vote: Yeas —Mayor pro -tem Meuser, Councilmen Jansen, M c E v o y, Schuckert. Nays —None. Absent —Mayor Andelfinger. October 18, 1929. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have ap- proved the following House Mover's Bond and desire to have your ap- proval on same for filling. E. W. La Plant; Cedar Rapids, Ia.; U. S. Fidelity & Guaranty Co. Respectfully submitted, O. A. KRATZ, City Manager. Councilman Schuckert moved that the bond be approved and placed on file. Seconded by Councilman Mc- Evoy. Carried by the following vote: Yeas —Mayor pro -tem Meuser, Councilmen Jansen, M c E v o y, Schuckert. Nays —None. Absent —Mayor Andelfinger. October 17, 1929. CERTIFICATE OF CITY MANAGER To the Honorable Mayor and City Council, Dubuque, Iowa. SUBJECT: Acceptance of install- ation of sewer and water connec- tions and plumbing fixtures. The undersigned hereby certifies that the contract for the installation of sewer and water connections and plumbing fixtures in Mr. Dennis Moriarity's property, 179 Bryant Street, Lot 3 Hoskins Sub., Nesler & Buechel, contractors, has been com- pleted. I further certify that this work has been done in accordance with the plans and specifications and stipula- tions of the contract and I would therefore recommend its acceptance by the Council. O. A. KRATZ, City Manager. Resolution No. 600 - 29. A RESOLUTION accepting improve- ment and directing the Clerk to publish notice. Whereas, the contract for the in- !J 502 Special Session, October 18th, 1929 stalling of sewer and water con- nections and plumbing fixtures in Mr. Dennis Moriarity's property, 179 Bryant Street, Lot 3 Hoskins Sub., has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance; now therefore, Be It Resolved by the City Coun- cil of the City of Dubuque, that the recommendation of the City Manager be approved and that said improve- ment be and the same is hereby ac- cepted and the City Engineer be and he is hereby directed to prepare a plat and schedule showing the lots or parcels of real estate subject to assessment for said improvement and file the same in the office of the City Clerk subject to public inspec- tion and said Clerk shall upon re- ceipt of such plat and schedule, pub- lish the notice of the Council's in- tention to levy special assessments therefor, as required by law. Be It Further Resolved that the City Treasurer be and he is hereby directed to pay to the contractor from the Improvement Fund an amount equal to the amount of his contract, less any retained percent- age provided for therein. Passed, adopted and approved this 18th day of October, 1929. GEO. O. JANSEN, ED. McEVOY, H. F. SCHUCKERT, WM. H. MEUSER, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman McEvoy moved the adoption of the resolution. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor pro -tem Meuser, Councilmen Jansen, M c E v o y, Schuckert. Nays —None. Absent —Mayor Andelfinger. October 18, 1929. CERTIFICATE OF CITY MANAGER To the Honorable Mayor and City Council, bubuque, Iowa. SUBJECT: Acceptance of paving of Roosevelt Street. The undersigned hereby certifies that the contract for the paving of Roosevelt Street from the end of the present pavement northerly about 1005 feet, Uhlrich -Paley Company, contractors has been completed. I further certify that this work has been done in accordance with the plans and specifications and sti- pulations of the contract and I would therefore recommend its ac- ceptance by the Council. O. A. KRATZ, City Manager. Resolution No, 601 - 29, A RESOLUTION Accepting improve- ment and directing the Clerk to publish notice. Whereas, the contract for the pav- ing of Roosevelt Street from the end ,of the present pavement northerly about 1005 feet, has been completed and•the City Manager has examined the work and filed his certificate stating that the same has been com- pleted according to the terms of the contract, plans and specifications and recommends its acceptance, now therefor, Be It Resolved by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improve- ment be and the same is hereby ac- cepted and the City Engineer be and he is hereby directed to prepare a plat and schedule showing the lots or parcels of real estate subject to assessment for said improvement and file the same in the office of the City Clerk subject to public inspec- tion and said Clerk shall upon re- ceipt of such plat and schedule pub- lish the notice of the Council's in- tention to levy special assessments therefor, as required by law. Be It Further Resolved that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of improvement bonds is- sued upon the above described im- provement an amount equal to the amount of his contract, less any re- tained percentage provided for there- in. Passed, adopted and approved this 18th day of October, 1929. GEO. O. JANSEN, ED. McEVOY, H. F. SCHUCKERT, WM. H. MEUSER, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Jansen moved the adoption of the resolution. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor pro -tem Meuser, Councilmen Jansen, M c E v o y, Schuckert. Nays —None. Absent —Mayor Andelfinger. October '18, 1929. CERTIFICATE OF CITY MANAGER To the Honorable Mayor and City Council, Dubuque, Iowa. SUBJECT: Acceptance of sewer in Special Session, October 18th, 1929 Farley, Eagle and Viola Streets. The undersigned hereby certifies that the contract for the construc- tion of a six inch vitrified tile or concrete sanitary sewer, manholes and Y branches in Farley Street from the manhole in High Bluff Street to Thomas Place and a six inch vitrified tile or concrete sani- tary sewer, manholes and Y branch- es in Thomas Place from Farley Street to Eagle Street and a six inch vitrified tile or concrete sanitary sewer, manholes and Y branches in Eagle Street from Thomas Place to Althauser Street and an eight inch vitrified tile or concrete sanitary sewer, manholes and Y branches in Eagle Street from Althauser Street to Viola Street and a six inch vitri- fied tile or concrete sanitary sewer, manholes and Y branches in viola Street from Eagle Street southerly about 90 feet and an eighteen inch vitrified tile or concrete storm sewer, manholes and catch basins in Farley Street from Lincoln Avenue to Thomas Place from Farley Street to Eagle Street, Uhlrich -Paley Com- pany, contractors, has been com- pleted. I further certify that this work has been done in accordance with the plans and specifications and stipula- tions of the contract and I would therefore recommend its acceptance by the Council. O. A. KRATZ, City Manager. Resolution No. 602 - 29. A RESOLUTION Accepting improve- ment and directing the Clerk to publish notice. Whereas, the contract for the con- struction of a six (6) inch vitrified tile or concrete sanitary sewer, man- holes and Y branches in Farley Street from the manhole in High Bluff Street to Thomas Place and a six (6) inch vitrified tile or concrete sanitary sewer, manholes and Y branches in Thomas Place from Far- ley Street to Eagle Street and a six (6) inch vitrified tile or concrete sanitary sewer, manholes and Y branches in Eagle Street from Thomas Place to Althauser Street and an eight (8) inch vitrified tile, or concrete sanitary sewer, manholes and Y branches in Eagle Street from Althauser Street to Viola Street and a six (6) inch vitrified tile or con- crete sanitary sewer, manholes and Y branches in Viloa Street from Eagle Street southerly about 90 feet and an eighteen (18) inch vitrified tile or concrete storm sewer, man- holes and catch basins in Farley Street from Lincoln Avenue to 503 Thomas Place and in Thomas Place from Farley Street to Eagle Street has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance, now therefor, Be It Resolved by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improve- ment be and the same is hereby ac- cepted and the City Engineer be and he is hereby directed to prepare a plat and schedule showing the lots or parcels of real estate subject to assessment for said improvement and file the same in the office of the City Clerk subject to public inspec- tion and said Clerk shall upon re- ceipt of such plat and schedule publish the notice of the Council's intention to levy special assessment therefor, as required by law. Be It Resolved that the City Trea- surer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of sewer bonds issued upon the above described improvement, an amount equal to the amount of his contract, less any retained percentage pro- vided for therein. Passed, adopted and approved this 18th day of October, 1929. GEO. O. JANSEN, ED. McEVOY, H. F. SCHUCKERT, WM. H. MEUSER, Councilmen. Attest: JOHN STUBER,' City Clerk. Councilman McEvoy moved the adoption of the resolution. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor pro -tem Meuser, Councilmen Jansen, M c E v o y, Schuckert. Nays —None. Absent —Mayor Andelfinger. October 18, 1929. CERTIFICATE OF CITY MANAGER To the Honorable Mayor and City Council, Dubuque, Iowa. SUBJECT: Acceptance of sanitary sewer in Alley between Argyle Street and Burden Street. The undersigned hereby certifies that the contract for the construction of an eight inch tile or concrete san- itary sewer, manholes and Y branch- es in Alley between Argyle Street and Burden Street from the manhole -in Lawther Street northwesterly about 228 feet, Uhlrich -Paley Com- rant on the General Fund in favor of the special improvement fund to make up the deficiency thus created. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor pro -tem Meuser, Councilmen Jansen, M c E v o y, Schuckert. Nays —None. Absent —Mayor Andelfinger. Communication of James F. Lee stating that the improvement of Cen- tral Avenue from Third Street to 22nd Street was completed Septem- ber 28th, 1929, and they are again asking the Council's consideration as to the acceptance of this project. James F. Lee addressed the Coun- cil relative to his petition in regards to the Central Avenue paving stating that if there are any defects in the improvement, they are willing to correct them. No action taken. Petition of Citizens protesting against the appointment of an out of town man to the position of Rec- reation Director and requesting that Carl Grabow who was born and raised in Dubuque, an ex-service man and experienced in this line of work, be appointed. Councilman Schuckert moved that the rules be suspeneded to allow anyone present who wished to do so, to address the Council. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor pro -tem Meuser, Councilmen Jansen, M c E v o y, Schuckert. Nays —None. James Doyle, Frank Dodd, Charles Mann, R. J. Fay, et al addressed the Council, as did also Mr. Carl Gra- bow, relative to the petition. Mayor pro -tem informed the peti- tioners that the Council had nothing to do with the appointment, that the appointment was made by the Recre- ation Board, however, the Council will look into the matter. Councilman McEvoy moved that the petition be referred to the Coun- cil. Seconded by Councilman Schuck- ert. Carried by the following vote: Yeas—Mayor pro -tem Meuser, Councilmen Jansen, M c E v o y, Schuckert. Nays —None. Absent —Mayor Andelfinger. Mr. Herman J. Mueller addressed the Council relative to the assess- ment against his property for the construction of a sanitary sewer in Saunders Street, stating that he had already paid for a sewer in Stoltz Street, some years ago, amounting to $34.08. It was shown that he has plenty of space to build another Special Session, October 18th, 1929 505 house on his property and that the Saunders Street Sewer would then be the logical sewer to connect with. Councilman Jansen moved that Mr. Mueller be assessed the differ- ence between the cost of the Stoltz Street sewer and the Saunders Street sewer. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor pro -tem Meuser, Councilmen Jansen, M c E v o y, Schuckert. Nays —None. Absent —Mayor Andelfinger. The City Auditor be instructed to draw a warrant for the sum of $34.08 on the General Fund in favor of the Special assessment fund to make up the deficiency. The assessment for the Saunders Street sewer is $73.84, the amount to be assessed to Mr. Mueller is $39.76. Charles F. Wild and Peter Haupert addressed the Council relative to a sidewalk, stating that when Wood- worth Street was improved, the con- tractor ruined Mr. Haupert's side- walk, stating that part of the walk was in bad condition. He does not ask anything for this, but a large portion of the sidewalk was in good condition, he asks that the City re- place this, or if the City will furnish the material, he will do the work himself. Councilman McEvoy moved that this be referred to the Council to view the grounds. Seconded by Coun- cilman 'Jansen. Carried by the fol- lowing vote: Yeas —Mayor pro -tem Meuser, Councilmen Jansen, M c E v o y, Schuckert. Nays —None. Absent —Mayor Andelfinger. George Wild addressed the Coun- cil, objecting to the assessment as levied against his property for the improvement of Saunders Street, stating that the assessment is to high in comparison with the valua- tion of the property, and asks that the assessment be reduced. Coun- cilman Jansen moved that the Coun- cil view the grounds. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor pro -tem Meuser, Councilmen Jansen, M c E v o y, Schuckert. Nays —None, Absent —Mayor Andelfinger. An ordinance amending an ordin- ance regulating the construction of Storage Tanks and installing of oil burning device and equipment; the storage and use of fuel oil; and pre- scribing a penalty for violation here- C? II 504 Special Session, October 18th, 1929 pany, contractors, has been com- pleted. I further certify that this work has been done in accordance with the plans and specifications and stipula- tions of the contract and I would therefore recommend its acceptance by the Council. O. A. KRATZ, City Manager. Resolution No. 603 --29. A RESOLUTION Accepting improve- ment and directing the Clerk to publish notice. Whereas, the contract for the con- struction of an eight inch tile or concrete sanitary sewer, manholes and Y branches in Alley between Argyle Street and Burden Street from the manholes in Lawther Street northwesterly about 228 feet has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance, now therefor, Be It Resolved by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improve- ment be and the same is hereby ac- cepted and the City Enginer be and he is hereby directed to prepare a plat and schedule showing the lots or parcels of real estate subject to assessment for said improvement and file the same in the office of the City Clerk subject to public inspec- tion and said Clerk shall upon re- ceipt of such plat and schedule publish the notice of the Council's intention to levy special assessments therefor, as required by law. Be It Further Resolved that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of sewer bonds issued upon the above described improvement an amount equal to the amount of his contract, less any retained percent- age provided for therein. Passed, adopted and approved this 18th day of October, 1929. GEO. O. JANSEN, ED. McEVOY, H. F. SCHUCKERT, WM. H. MEUSER, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Schuckert moved the adoption of the resolution. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor pro -tem Meuser, Councilmen Jansen, M c E v o y, Schuckert. Nays —None. Absent —Mayor Andelfinger. October 18, 1929. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At your meeting held October 7th, a protest from Mr. Fred Luckritz et al protesting against the improve- ment of Quigley's Lane and Cather- ine Street was referred to your City Manager for investigation and re- port. Your City Manager wishes to re- port that upon investigation it is found that 32 per cent of the prop- erty which could be assessed for Quigley's Lane is opposed to the im- provement while 68 per cent is for the improvement, also that 30 per cent of the property to be assessed for the improvement of Catherine Street is opposed to the improvement while 70 percent is for the improve- ment. I therefore recommend that both improvements be granted. Respectfully submitted, O. A. KRATZ, City Manager. Councilman McEvoy moved that the recommendation of the City Man- ager be approved and the objections against the improvements be receiv- ed and filed. Seconded by Councilman Jansen. Carried by the following vote: Yeas —Mayor pro -tem Meuser, Councilmen Jansen, M c E v o y, Schuckert. • Nays —None. Absent —Mayor Andelfinger. October 18, 1929. Mr. O. A. Kratz, City Manager, Dubuque, Iowa. Dear Sir: Lot 16, Reeder Langworthys Sub. was assessed by mistake for the con- struction of the sewer in the alley between Lois and South Hill Streets and in Solon Street, as this lot was exempt from this assessment on account of receiving right of way agreement from Mrs. Enzer, the owner of said lot, amount of assess- ment $218.18. I would therefore recommend that this assessment be corrected. Yours very truly, W. H. CULLEN, City Engineer. Approved: O. A. KRATZ, City Manager. Councilman McEvoy moved that the recommendation be approved, the assessment be cancelled and the Auditor be instructed to draw a war- 506 Special Session, October 18th, 1929 of, passed upon 1st and 2nd reading September 26th 1929, presented. Councilman Schuckert moved that all action taken on this ordinance be rescinded. Seconded by Council- man Meuser. Carried by the follow- ing vote: Yeas —Mayor pro -tem Meuser, Councilmen Jansen, M c E v o y, Schuckert. Nays —None. Absent —Mayor Andelfinger. An ordinance being ordinance No. 40 -29, amending an ordinance regu- lating the construction of storage tanks and installation of Oil burning device and equipment; the storage and use of fuel oil; and prescribing a penalty for violation hereof, pre- sented and read. This ordinance as revised takes the place of the ordinance that was rescinded. Councilman Schuckert moved that this be considered the first reading of the ordinance. Seconded by Coun- cilman Jansen. Carried by the fol- lowing vote: Yeas —Mayor pro -tem Meuser, Councilmen Jansen, M c E v o y, Schuckert. Nays —None. Absent —Mayor Andelfinger. Councilman Schuckert moved that the rules requiring an ordinance to be read on three separate days be suspended. Carried by the following vote: Yeas —Mayor pro -tem Meuser, Councilmen Jansen, M c E v o y, Schuckert. Nays —None. Absent —Mayor Andelfinger. Councilman Schuckert moved that the Ordinance be read a second time. Seconded by Councilman Jansen. Carried by the following vote: Yeas —Mayor pro -tem Meuser, Councilmen Jansen, M c E v o y, Schuckert. Nays —None. Absent —Mayor Andelfinger. The Ordinance was read a second time. Councilman Schuckert moved that this be considered the second read- ing of the Ordinance. Seconded by Councilman Jansen. Carried by the following vote: Yeas —Mayor pro -tem Meuser, Councilmen Jansen, M c E v o y, Schuckert. Nays —None. Absent —Mayor Andelfinger. An Ordinance being Ordinance No. 41 -29, an Ordinance providing for the vacation of Pleasant Street, East of Viola Street; of the Alley first northerly of Merz Street, Easterly from Viola Street to the alley 1st westerly of Althauser Street; and of the alley first easterly of Althau- ser Street from Merz to Eagle Street, and granting and conveying the street and alleys herein vacated to Independent School District of Du- buque, Iowa, for school purposes, presented and read. Councilman Schuckert moved that this be considered the first reading of the Ordinance. Seconded by Coun- cilman Jansen. Carried by the fol- lowing vote: Yeas —Mayor pro -teen Meuser, Councilmen Jansen, M c E v o y, Schuckert. Nays —None. Absent —Mayor Andelfinger. Councilman Schuckert moved that the rules be suspended requiring an ordinance to be read on three sep- arate days. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor pro -tem Meuser, Councilmen Jansen, M c E v o y, Schuckert. Nays —None. Absent —Mayor Andelfinger. The Ordinance was read a second time. Councilman Schuckert moved that this be considered the second read- ing of the Ordinance. Seconded by Councilman Jansen. Carriel by the following vote: Yeas —Mayor pro -tem Meuser, Councilmen Jansen, M c E v o y, Schuckert. Nays —None. Absent —Mayor Andelfinger. Councilman Schuckert moved that this be considered the second read- ing of the Ordinance. Seconded by Councilman Jansen. Carried by the following vote: Yeas —Mayor pro -tem Meuser, Councilmen Jansen, M c E v o y, Schuckert. Nays —None. Absent —Mayor Andelfinger. An Ordinance, being Ordinance No. 42 -29, An Ordinance establishing a street over and across lot 1 of the subdivision of lot No. 41, over and across lot No. 1 of the subdivision of lot No. 42 in Taylor and Cooley's subdivision to the City of Dubuque; over and across lot No. 1 of the sub- division of lot No. 8; over and across lot No. 1 of the subdivision of lot No. 9 in Gmehle's subdivision to the City of Dubuque; and over and across lot No. 1 of the subdivision of lot No. 11 of Stines' subdivision to the City of Dubuque, the same to constitute an extention of Viola Street and be call- ed by the name of Viola Street. Councilman Schuckert moved that this be considered the first reading Special Session, October 18th, 1929 507 of the Ordinance. Seconded by Coun- cilman McEvoy. Carried by the fol- lowing vote: Yeas —Mayor pro -tem Meuser, Councilmen Jansen, M c E v o y, Schuckert. Nays —None. Absent —Mayor Andelfinger. Councilman Schuckert moved that the rules requiring an ordinance to be read on three separate days be suspended. Seconded by Councilman Jansen. Carried by the following vote: Yeas —Mayor pro -tem Meuser, Councilmen Jansen, M c E v o y, Schuckert. Nays —None. Absent —Mayor Andelfinger. The Ordinance was read a second time. Councilman Schuckert moved that this be considered the second read- ing of the Ordinance. Seconded by Councilman Jansen. Car ried by the following vote: Yeas - -Mayor pro -tem Meuser, Councilmen Jansen, M c E v o y, Schuckert. Nays —None. Absent —Mayor Andelfinger. REPORT OF CITY SOLICITOR. Honorable Mayor and City Council of the City of Dubuque, Gentlemen; I beg to report that I made settle- ments in the following cases: The case of Dennis Sullivan, wherein the plaintiff claims that he fell on a defective sidewalk abutting Lots 322 and 323 and located on the west side of . White Street between 7th and 8th Streets and broke a leg. I have agreed to settle for $500.00; the plaintiff to pay the costs. The case of Mrs. H. W. Nolte brought to recover damagese for falling on an icy crossing on the alley between Main and Locust Streets on East 6th Street; suit was brought for $500.00. I have settled this case for $100.00; the City pay the costs. If these settlements meet with your approval, kindly have warrants drawn in favor of Frantzen, Gilloon & Glenn, attorneys for Dennis Sul- livan in the sum of $500.00 and also a warrant for $100.00 in favor of the same Attorneys for Mrs. Nolte. Also have a warrant drawn in fav- or of R. P. Marshall, clerk of the District Court for $9.95 to cover the costs in the Nolte case. Respectfully submitted, M. H. CZIZE•K, City Solicitor. Councilman Schuckert moved that the report of the City Solicitor be approved and the Auditor be in- structed to draw warrants in the various amounts mentioned. Second- ed by Councilman McEvoy. Carried by the following vote: Nays —None. Absent —Mayor Andelfinger. There being no further business, Council adjourned. JOHN STUBER, City Clerk. Approved 1929. Adopted j 1929 I Councilmen: Attest: City Clerk. 508 Special Session, October 28th, 1929 CITY COUNCIL (Official) Special session, October 28th, 1929, Meeting called by order of Mayor Andelfinger and Councilman Schuck- ert. Council met at 7:40 P. M. Present —City Manager Kratz, Mayor Andelfinger, Councilmen Jan- sen, McEvoy, Meuser, Schuckert. Absent —None. Mayor Andelfinger read the call and stated , that service thereof had been duly made and that this meet- ing is called for the purpose of con- ducting a hearing on the proposed plans, specifications, form of con- tract, and cost for sewer in Elm Street from 24th Street north to lot 86 E. Langworthy's Add., adopting a resolution of necessity to construct said sewer and acting on any other business that may come before the meeting. Notice of publication certified to by the publisher of the pendency of resolution of necessity, and a hear- ing on the proposed plans and spe- cifications form of contract and cost of proposed sanitary sewer in Elm Street. Notice of Pendency of Resolution of Necessity for Public Improvement and Hearing Upon Proposed Plans and Specifications, Form of Con- tract and Cost of Improvements. By direction of the City Council of the City of Dubuque notice is hereby given that a resolution of necessity is proposed for passage and adopted for the construction of an eight (8) inch, salt glaced, vitrified, clay pipe sanitary sewer, together with man- holes, Y branches, sewage pumps and other necessary appurtenances in Elm Street from the center of East 24th Street to a point opposite the North line of lot 86 of E. Lang - worthy's Addition to the City of Du- buque. Councilman McEvoy moved the notice be received and filed. Sec- onded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Andelfinger, Coun- cilmen Jansen, McEvoy, Meuser, Schuckert. Nays —None. Remonstrance against the im- provement, signed by P. C. Murray, Emilia Schneider, John Marsh et al (13 signers), presented and read, stating that the sewer would be of no benefits to most of the property, that it would be constructed mostly through solid rock, and the cost would be more than some of the pro- perty is worth. Councilman Meuser moved that the rules be suspended to allow anyone present who wished to do so, to address the Council. Seconded by Councilman Schuckert. Carried by th following vote: Yeas — Mayor Andelfinger, Coun- cilman Jansen, McEvoy, Meuser, Schuckert. Nays —None. P. C. Murray addressed the Coun- cil relative to the petition, and ob- jecting to the sewer, as did also Mrs. Schiltz, stating that she owned 3 lots on Elm Street and the assessment against them would amount to more than they are worth. Mr. Arnold Utzig addressed the Council stating that he and others have been wanting a sewer in this district for some years, that it is necessary for the public health that a sewer should be constructed in this district, that most of the pro- perty will be benefitted by it and that he hoped the Council will see it in this light and order the sewer constructed. Councilman Meuser moved that the petition be referred to the Coun- cil to view the grounds, and action on the resolution of necessity and proposed plans and specifications be deferred. Seconded by Cuuncilman McEvoy. Carried by the following vote: Yeas —Mayor Andelfinger, Coun- cilmen Jansen, McEvoy, Meuser, Schuckert. Nays —None. Petition of property owners on Green Street, asking that said street be improved from Asbury to Avoca Streets, with 6 inch concrete paving between existing curb and gutter, signed by Elliott Richey, G. Hilders, Floyd Wagner et al (12 signers). Councilman McEvoy moved that the petition be referred to the Coun- cil to view the grounds. Seconded by Councilman Jansen. Carried by the following vote: Yeas —Mayor Andelfinger, Coun- cilmen Jansen, McEvoy, Meuser, Schuckert. Nays —None. Petition of Edward Muntz, stating that he purchased Lots 43 and 44 Marsh's Add. Lot 1, abutting North Main Street for $450.00, that there is an assessment of $361.22 against these lots for the improvement of this street, the lots are assessed for taxation purposes for $150.00 for both and he hereby asks that the assessment for improvements be placed at 25 percent of this valua- tion. Councilman Meuser moved that the petition be referred to the City Special Session, October 28th, 1929 Manager. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Andelfinger, Coun- cilmen Jansen, McEvoy, , Meuser, Schuckert. Nays —None. Petition of Kretschmer Insurance Agency, stating that the Iowa House Furnishing Company is no longer in business and therfore asks that the Heating Contractors bond be re- leased. Councilman Meuser moved that the prayer of the petition be granted. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Andelfinger, Coun- cilmen Jansen, McEvoy, Meuser, Schuckert. Nays —None. Petition of abutting property own- ers on the west side of South Locust Street objecting to the assessment as levied against their respective properties, for the improvement of said street, signed by John Mahoney, Thos. Kennedy, John and Catherine Donohue, et al (19 signers). Attorney John A. Cunningham, representing the petitioners, add- ressed the Council, relative to the petition, stating that the assessments as levied are too high and hereby asks that the Council view the grounds and see for themselves if the assessments are not too high, and asks further that the Council reduce the assessments. Councilman McEvoy moved that the petition be referred to the Coun- cil to view the grounds. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Andelfinger, Coun- cilmen Jansen, McEvoy, Meuser, Schuckert. Nays —None. Petition of Alois Bassler, remon- strating against the assessment as levied against his property for the improvement of North Main Street, stating that the assessment is much too high in comparison to the valua- tion of the property. Councilman Meuser moved that the petition be referred to the City Manager. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Andelfinger, Coun- cilmen Jansen, McEvoy, Meuser, Schuckert. Nays —None. Ordinance No. 40 - 29. ) k' 1 ` AN ORDINANCE AMENDING AN Ordinance Regulating the Con- struction of Storage Tanks and Installing of Oil Burning Devise 509 and Equipment; the Storage and Use of Fuel Oil; and Prescribing A Penalty for Violation Thereof. Be it Ordained by the City Coun- cil of the City of Dubuque: That an Ordinance regulating the construction of storage tanks and in- stallation of oil burning devise and equipement; the storage and use of fuel oil; and prescribing a penalty for violation thereof be amended by repealing Section I (one) and III (three) thereof and adopting in lieu thereof the following: PER11I'T, APPLICATION, FEE. Section I. Before any person, firm or corporation shall be permitted to erect or install in any residence or other building, or upon any premises, any oil burning devise or equipment for heating purposes, together with tanks or containers for storage of fuel oil,' such person, firm or corpor- ation shall first secure a permit thereof from the Plumbing Inspector of the City of Dubuque. No permit shall be issued unless and until an application has been made and a fee of $3.00 has been paid. Such application shall be ac- companied by a plat or drawing showing the location of the building and premises and the make or type of burner to be installed and shall be accompanied by a statement as to whether or not such burner has been approved by the National Board of Fire Underwriters. If such equip- ment has not been thus approved, then a full and complete specifica- tion of such burner and equipment shall accompany the application. The plat or drawing shall also show the location and size of all tanks, boil- ers, pipes, burners, electrical wiring, and room or apartment in which the same is to be installed, the location of all doors, windows and other means of ventilation. When such application is filed with the Plumbing Inspector he shall in- vestigate the same, and if satisfied that such proposed installation is in conformity with this and air other ordinances of the City of Dubuque, he shall grant such permit, but if he be not so satisfied he may refuse such permit or withhold it until such time as the applicant shall conform such application to the requirements of this and all other ordinances of said City. All installation shall be under the jurisdiction of the Plumb- ing Inspector and he shall have authority to enforce compliance with the provisions of this ordinance. TANKS. Section III. Each storage tank for the storage of fuel oil used in con- 510 Special Session, October 28th, 1929 nection with an oil burning devise or equipment where the capacity of the tank exceeds 275 gallons, shall have piping connections only from the top of the tank and openings or piping connections at points other than at the top of said tank are hereby prohibited. Each storage tank with a greater capacity than 275 gallons when placed on the outside of any resi- dence or building shall be buried under ground with the top of the tank not less than fourteen (14) inches below the surface. When fuel oil is stored in the cel- lar or basement of any residence or building and the aggregate amount thereof exceeds 275 gallons, the tank, or tanks, containing the portion thereof in excess of 275 gallons shall be set on a bed of sand six inches in depth spread over a firm founda- tion and shall be walled in with a brick wall at least eight inches in thickness and a firm packing of sand placed between the brick wall and such tank, or tanks, at all points, and a covering of sand over the top of such tank, or tanks, or at least twelve (12) inches in thickness. When any tank, or tanks, exceed- ing, in the aggregate, 275 gallons capacity is located underneath a building at a point other than in the basement or cellar, the same shall be buried under ground with the top of such tank, or tanks, not less than two feet below the floor immediately above and the floor immediately above such tank, or tanks, shall be of reinforced concrete at least nine (9) inches in thickness extending at least one (1) foot beyond the outline of such tank, or tanks, in all direc- tions, and be provided with ample means of support independent of the tank, or tanks. Where the character of the soil or the condition of the premises is such that an outside tank exceeding 275 gallons capacity cannot be entirely buried underneath the surface of the ground, as herein provided for, such tank may still be located on the out- side provided the same is entirely covered over with earth to a depth of at least two (2) feet at all points, with a slope on all sides of not less than three (3) to one (1). All tanks with a capacity exceed- ing 275 gallons when located with the top thereof above the burner shall de equiped with an adequate anti - siphoning device on the pipe line leading to the burner so as to prevent the flow of oil through said pipe line in the case of breakage, accident or other emergency. Storage tanks with a capacity of 275 gallons or less may be used and piping connections may be made from tank to burner from the bottom of the tank to permit the gravity flow of oil from tank to burner, but in such case the pipe line shall be equipped with an approved automatic shut -off valve to stop the flow of oil through the line in the event the burner fails to ignite or the flame is extinguished. Such tank may be lo- cated inside the building and shall have no connection with any other tank or source of oil supply. An auxiliary tank may be located on the inside of any building and used in connection with a storage tank, but the capacity of such auxil- iary tank shall not exceed 60 gal- lons. The oil may be fed by gravity flow to the burner through a pipe line loading from the auxiliary tank to the burner, but in such event such pipe line must have upon it an ap- proved automatic shut -off valve that will stop the flow of oil through the pipe line in the event the burner fails to ignite or the flame is exting- uished. All storage tanks of 275 gallons capacity or less and each auxiliary tank shall be placed on substantial incombustible supports, securely fastened on their base so as to pro- perty hold the tank in place and avoid strain on the pipe. Each tank, or tanks, of whatever size or capacity shall be located as far from any fire, flame or apparatus capable of producing flame as the condition of the premises shall per- mit and in no event shall said tank, or tanks, be located nearer than eight (8) feet, measured horizontally, to any fire, flame or apparatus capa- ble of producing flame. Section 4. This ordinance shall be in force and effect ten days from and after its final passage, adoption and approval by the City Council and publication as provided by law. Passed upon first and second read- ing this 18th day of October, 1929. Passed, adopted and approved upon final reading this 28th day of Oct., 1929. M. B. ANDELFINGER, Mayor. ED. McEVOY, GEO. O. JANSEN, H. F. SCHUCKERT, WM. H. MEUSER, Councilmen. Attest: JOHN STUBER, City Clerk. The Ordinance having passed upon 1st and 2nd reading was presented and read a third time.. Councilman Schuckert moved the adoption of the Ordinance. Seconded Special Session, October 28th, 1929 by Councilman Jansen. Carried by the following vote: Yeas —Mayor Andelfinger, Coun- cilmen Jansen, McEvoy, Meuser, Schuckert. Nays —None. Published officially in the Tele- graph- Herald and Times - Journal Newspaper October 30th, 1929. JOHN STUBER, City Clerk. October 30th 1929. 1t. Ordinance No. 41 - 29. An ordinance providing for the vacating of Pleasant Street, East of Viola Street; of the alley first north- erly of Merz Street, easterly from Viola Street to the alley first wester- ly of Althauser Street; and of the alley first easterly of Althauser Street from Merz Street to Eagle Street; and granting and conveying the street and alleys herein vacated to Independant School District of Dubuque, Iowa, for school purposes. Whereas, Independant School Dis- trict of the City of Dubuque, Iowa, has petitioned the City Council of said City to vacate Pleasant Street East of Viloa Street; the alley first northerly of Merz Street, easterly from Viola Street to the alley first westerly of Althauser Street; and the alley first easterly of Althauser Street from Merz Street to Eagle Street; and to grant and convey the street and alleys herein vacated to it for school purposes; and, Whereas, such Independant School District has constructed school buildings upon and across said street and alleys and is now occupying the same for school purposes and such street and alleys are no longer used or needed for public purposes: Now, Therefor; Be it ordained by the City Council of the City of Dubuque: Par. 51, section 1. That Pleasant Street, east from Viola Street; the alley first northerly of Merz Street, easterly from Viola Street to the alley first westerly of Althauser Street; and the alley first easterly of Althauser Street from Merz Street to Eagle Street be and the same are hereby vacated. Par. 52, section 2. That the street and alleys herein vacated be and the same are hereby granted and con- veyed to Independent School District of Dubuque, Iowa, the same to be used and held by said District for Public School purposes. Par. 53, section 3. That the City Clerk be and he is hereby directed to certify a copy of this ordinance to the County Recorder to be by him Only recorded as a part of the rec- ords of said county. 511 Par. 54, section 4. This ordinance shall be in force and effect ten days from and after its final passage, adoption and approval by the City Council and publication, as provided by law. Passed upon first and second read- ings this 18th day of October, 1929. Passed, adopted and approved up- on final reading this 18th lay of October, 1929. M. B. ANDELFINGER, Mayor. ED, McEVOY, GEO. O. JANSEN, H. F. SCHUCKERT, WM. H. MEUSER, Councilmen. Attest: JOHN STUBER, City Clerk. The ordinance having passed 1st and 2nd reading, was presented and read a third time. Councilman McEvoy moved the adoption of the Ordinance. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Andelfinger, Coun- cilmen Jansen, McEvoy, Meuser, Schuckert. Nays —None. Published officially in the Tele- graph- Herald and Times - Journal newspaper, October 30th 1929. JONH STUBER, City Clerk. October 30th 1929, 1t. Ordinance No. 42 An ordinance establishing a street over and across lot No. 1 of the subdivision of lot No. 41, over and across lot No. 1 of the subdivision of lot No. 42 in Taylor - Cooley's sub- division to the City of Dubuque; over and across lot No. 1 of the sub- division of Lot No. 8; over and across lot No. 1 of the subdivision of lot No 9 in Gmehle's subdivision to the City of Dubuque; and over and across lot No. 1 of the subdivision of lot No. 11 of Stines subdivision to the City of Dubuque, the same to constitute an extension of Viola Street and be called by the name of Viola Street. Whereas, the City of Dubuque is the owner of lot No. 1 of the subdivi- sion (of lot No. 41, lot 1 of the sub- division) of lot No. 42, in Taylor - Cooley's subdivision to the City of Dubuque; and of lot No. 1 of the subdivision of lot No. 8 and of lot No. 1 of the subdivision of lot No. 9 in Gmehle's subdivision to the City of Dubuque and of lot No. 1 of the subdivision of lot No. 11 of Stines subdivision to the City of Dubuque, and it is deemed necessary and ad- viseablo by this Council that a public !G '�1 512 Special Session, October 28th, 1929 street be opened and established over and across said lots the same to constitute an extension of Viola Street: Now Therefor: Be it ordained by the City Council of the City of Dubuque: Par. 55, section 1. That a public street be and the same is hereby opened and established over and across lot No. 1 of the subdivision of lot No. 41, over and across lot No. 1 of the subdivision of lot No. 42 in Taylor - Cooley's subdivision to the City of Dubuque; over and across lot No. 1 of the subdivision of lot No. 8; over and across lot No. 1 of the subdivision of lot No. 9 in Gmehle's subdivision to the City of Dubuque; and over and across lot No. 1 of the subdivision of lot No. 11 of Stines subdivision to the City of Dubuque. Par. 56, section 2. That such street shall hereafter be considered an extension of Viola Street and shall bear the name of Viola Street. Par. 57, section 3. That the City Clerk be and he is hereby directed to certify a copy of this ordinance to the County Recorder of Dubuque County, Iowa, to be by him recorded as a part of the records of Dubuque County, Iowa. Par. 58, section 4. That this ordi- nance shall be in force and effect ten days from and after its final passage and adoption by the City Council and publication as provided by law. Passed upon first and second read- ings this 18th day of October, 1929. Passed, adopted and approved up- on final reading this 28th day of October, 1929. M. B. ANDELFINGER, Mayor. ED. McEVOY, GEO. 0. JANSEN, H. F. SCHUCKERT, WM. H. MEUSER, Councilmen. Attest: JOHN STUBER, City Clerk. The Ordinance having passed upon 1st and 2nd reading was presented and read a third time. Councilman Schuckert moved the adoption of the ordinance. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Andelfinger, Coun- cilmen Jansen, McEvoy, Meuser, Schuckert. Nays —None. Published officially in the Tele- graph- Herald and Times - Journal newspaper October 30th, 1929. October 30th, 1929, 1t. October 23, 1929. CERTIFICATE OF CITY MANAGER To the Honorable Mayor and City Council, Dubuque, Iowa. SUBJECT: Acceptance of boulevard lights on Dodge Street. The undersigned hereby certifies that the contract for the installation of boulevard lights on Dodge Street from the east property line of North and South Grandview Avenue to the west property line of Bryant Street, Keller Electric Company, contrac- tors, has been completed. I further certify that this work has been done in accordance with the plans and specifications and stipula- tions of the contract and I would therefore recommend its acceptance by the Council. 0. A. KRATZ, City Manager. Resolution No, 604-29. A RESOLUTION Accepting Improve- ment and Directing the Clerk to Publish Notice. Whereas, the contract for the in- stallation of boulevard lights on Dodge Street from the east property line of North and South Grandview Avenue to the west property line of Bryant Street has been completed and the City Manager has examined the work and filed his certificate stating that the same has been com- pleted according to the terms of the contract, plans and specifications and recommends its acceptance, now therefor, Be It Resolved by the City Coun- cil of the City of Dubuque, that the recommendation of the City Manager be approved and that said improve- ment be and the same is hereby ac- cepted and the City Engineer be and lie is hereby directed to prepare a plat and schedule showing the lots or parcels of real estate subject to assessment for said improvement and file the same in the office of the City Clerk subject to public inspec- tion and said Celrk shall upon re- ceipt of such plat and schedule pub- lish the notice of the Council's in- tention to levy special assessments therefor as required by law. Be It Resolved that'the City Treas- urer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of im- provemexit bonds issued upon the above described improvement an amount equal to the amount of his contract, less any retained percent- age provided for therein. Special Session, October 28th, 1929 Passed, adopted and approved this 28th day of October, 1929. M. B. ANDELFINGER, Mayor. ED. McEVOY, GEO. 0. JANSEN, H. F. SCHUCKERT, WM. H. MEUSER, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Schuckert moved the adoption of the resolution. Seconded by Councilman Jansen. Carried by the following vote: Yeas —Mayor • Andelfinger, Coun- cilmen Jansen, McEvoy, Meuser, Schuckert. Nays —None. October 28, 1929. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have ap- proved the following bonds and poli- cies and desire to have your appro- val on same for filing. SIGNS E. L. Scheppele, 1420 Central Ave.; Policy No. 401560," Globe Indemnity Co. Carl F. Hartman, 872 Main Street; Policy No. 431892, Continental Cas- ualty Co. Ernest & Mable Tischauser, 455 Central Ave.; Policy No. 455650, Con- tinental Casuelty Co. Royal Lunch, 1563 Central Ave.; New Amsterdam Casualty Co. L. J. Knockel, 1048 Main Street; Bond No. 789505 -A, American Surety Co. GENERAL CONTRACTOR Kringle Sheet Metal Works, 1598 Jackson Street; Globe Indemnity Co. Respectfully submitted. 0. A. KRATZ, City Manager. Councilman Schuckert moved that the bonds be approved and placed on file. Seconded by Councilman Meu- ser. Carried by the following vote: Yeas = Mayor Andelfinger, Coun- cilmen Jansen, McEvoy, Meuser, Schuckert. Nays —None. October 28, 1929. CERTIFICATE OF CITY MANAGER To the Honorable Mayor and City Council, Dubuque, Iowa. SUBJECT: Acceptance of Paving of South Dill Street. The undersigned hereby certifies that the contract for the paving of South Hill Street from the south property line of Curtis Street to the north property line of South Grand- 1 313 view Avenue, James Saul & Son, contractors, has been completed. I further certify that this work has been done in accordance with the plans and specifications and stipula- tions of the contract and I would therefore recommend its acceptance by the Council. 0. A. KRATZ, City Manager. Resolution No. 605 -29. A RESOLUTION Accepting Improve- ment and Directing the Clerk to Publish Notice. Whereas, the contract for the pav- ing of South Hill Street from the south property line of Curtis Street to the north property line of South Grandview Aveune has been com- pleted and the City Manager has ex- amined the work and filed his cer- tificate stating that the same has been completed according to the terms of the contract, plans and spe- cifications and recommends its ac- ceptance, now therefor, Be It Resolved by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improve- ment be and the same is hereby ac- cepted and the City Engineer be and he is hereby directed to prepare a plat and schedule showing the lots or parcels of real estate subject to assessment for said improvement and file the same in the office of the City Clerk subject to public inspec- tion and said Clerk shall upon re- ceipt of such plat and schedule pub- lish the notice of the Council's in- tention to levy sepcial assessments therefor, as required by law. Be It Resolved that the City Treas- urer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of im- provemont bonds issued upon the above described improvement an amount of his contract, less any re- tained percentage provided for there- in. Passed, adopted and approved this 28th day of October, 1929. M. B. ANDELFINGER, Mayor. ED. McEVOY, GEO. 0. JANSEN, H. F, SCHUCKERT, WM. H. MEUSER, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman McEvoy moved the adoption of the resolution. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor Andelfinger, Coun- cilmen Jansen, McEvoy, Meuser, 11 8 514 Special Session, October 28th, 1929 Schuckert. Nays —None. Petition of Peter Deutsch, proprie- tor of Second Hand Store, corner of 13th and Iowa Streets, stating that in his line of business, the State law forbids the buying and selling of used mattresses and comforters, but that some of his competitors buy and sell them in defiance of the law, and consequently he loses trade because he lives up to the letter of the law. He also complains about Cartigny Bros, Wholesale Fruit Dealers on Iowa Street, stating that they block- ade the sidewalk with their ware, and people cannot pass by, therefore they turn to the other side of the street and it is a detriment to his business. He hereby asks the Council to look into this matter and correct this con- dition. Councilman McEvoy moved that the petition be received and filed. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Andelfinger, Coun- cilmen Jansen, McEvoy, Meuser, Schuckert. Nays —None. Petition of property owners on Main Street between Kaufman Ave- nue and Lowell Street, stating that the brick gutters on this part of Main Street are two feet wider on each side of the street than on that portion from Lowell Street to Sem- inary Street, yet they are assessed lust as much for the street paving as those who have a narrower gut- ter, this does not seem fair to them and they hereby ask that the mistake be corrected. Signed by Edward Lenz, Anton Neuwoehner, R. A. But- ler et al (11 signers). Councilman Meuser moved that the prayer of the petition be granted and the assessment for said street be relevied. Seconded by Council- man Schuckert. Carried by the fol- lowing vote: Yeas —Mayor Andelfinger, Coun- cilmen Jansen, McEvoy, Meuser, Schuckert. Nays —None. Petition of Paul Mathis of the Pam Oil Company, asking permission to erect a five door garage to extend from his present garage at 12th and Main Streets to the alley. Councilman McEvoy moved that the petition be referred to the Coun- cil to view the grounds. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Andelfinger, Coun- cilmen Jansen, McEvoy, Meuser, Schuckert. Nays —None. Petition of Trades and Labor Con- gress, stating that the Congress passed a resolution asking that the City Council instead of sending the Mayor to the Mississippi Valley Wat- er Way convention at St. Louis, that the whole Council should attend in a body November 11th and 12th. Mr. Conley of the Dubuque Labor Press addressed the Council and urged that the Council attend. Mr. John A. Cunningham also addressed the Council and suggested that if the Councilmen could not attend this meeting, that the Mayor invite some of our public spirited citizens to attend. Councilman Meuser moved that the petition and resolution be re- ferred to the Council for considera- tion. Seconded by Councilman Schuckert. Carried by the follow- ing vote: Yeas —Mayor Andelfinger, Coun- cilmen Jansen, McEvoy, Meuser, Schuckert. Nays —None. Petition of Hugh McMullan, owner of lot 13 in Yates Subdivision, claim- ing that the assessment levied against this property is too high and he hereby asks that the City Council reduce the assessment. Councilman Meuser moved that the petition be referred to the City Manager, he to inform Mr. McMullan that the Council had already gone over the assessments on West 17th Street and made the proper reduc- tions where it was deemed necessary. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Andelfinger, Coun- cilmen Jansen, McEvoy, Meuser, Schuckert. Nays —None. Petition of property owners on Seminary Street, requesting that the Council create a restricted residen- tial district on Seminary Street from North Main Street to Harold Street. Signed by (34 signers). Councilman Meuser moved that the prayer of the petition be granted, the limits to be extended After in- vestigation by the Council. Seconded by Councilman Schuckert. Carried' by, the following vote: Nays —None. Petition of the Dubuque Trades and Labor Congress relative to the street car service, objecting to the running of a stub line from- Central avenue to Eagle Point, stating that the service is very unsatisfactory, and they hereby ask that the Inter- state Power Co. be induced to run through cars on this line. Councilman Meuser moved that the petition be referred to the City Special Session, October 28th, 1929 515 Manager to confer with Mr. C. E. Dove, Manager of the Company, rela- tive to having through service re- stored. Seconded by Councilman Schuckert. Carried by the follow- ing vote: Yeas —Mayor Andelfinger, Coun- cilmen Jansen, McEvoy, Meuser, Schuckert. Nays —None. Mrs. Dorothy Bauer addressed the Council relative to the assessment against lot 61 O'Neills Riverview Addition, assessed to C. H. and D. Bauer for sewer and water connec- tions amounting to $101.00. Councilman McEvoy moved that this assessment be paid out of the General fund and should the owner at any time make use of this connec- tion, then the assessment must be paid by said owner as per agreement. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Andelfinger, Coun- cilmen Jansen, McEvoy, Meuser, Schuckert. Nays —None. State Senator Otto F. Lange, add- ressed the Council and requested the Council not to issue a permit to sell cigarettes to the A & P Stores, stat- ing that these storees desire to sell cigarettes at or below cost as a leader to bring people into their stores and then sell them other goods at a good profit, he stated that there are 78 cigarette dealers in the City, that they pay $100.00 for the license and if the Council issues lic- enses to the chain stores, about 35 of these dealers will quit selling them, which will mean a loss of $3500 a year to the City, and he hoped that the Council will refuse to issue licenses to the A & P Stores. Mr. U. S. Young representing the A & P Stores who was in the Coun- cil Chamber, then took the floor in defense of his company, stating that the Senator was in ,error in some of his remarks. He stated that in Des Moines and Davenport they were re- fused licenses at first but after con- sulting with the City Councils, licenses were issued to them. There was no action taken on this matter at this time. There being no further business, Councilman Meuser moved to ad- journ. JOHN STUBER, City Clerk. Adopted ........... 1929. Approved _ 1929. Councilmen: Attest: City Clerk.