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1928 May Council ProceedingsGITY COUNGIL (Official) Special Session May 2nd, 1928 Meeting called by order of Mayor Maclay and Councilman McEvoy. Council met at 5 o'clock p. m. Present — City Manager Kratz, Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert and Yount. Mayor Maclay read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of acting on petitions and any other business may come before the meeting. Petition of Susan Strausbaugh re- ferred to the City Council by the Board of Supervisors, asking that the second half of the 1927 tax on lot Sub. 93 S. L. Langworthy's Add., lot 2 and Sub. N. 37.6 feet of lot 94 S. H. Langworthy's Add. lot 1 be cancelled. Councilman Schuckert moved that the peition be referred to the City Solicitor. Seconded by Councilman Yount. Carried by the following vote : Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Petition of Uhlrich Paley Co., ask- ing permission to continue the oper- ation of their tested 15 ton Fair- banks scales, at 422 Garfield Ave. Action deferred. Endorsement For a valuable consideration, re- ceipt of which is hereby acknow- ledged, The Southern Surety Co. of Des Moines, Iowa, does consent to the addition of signs at locations, as listed below to be covered by its bond No. 308373, on behalf of the Standard Oil Co. of Indiana, in favor of the City of Dubuque in the amount of $1,000.00 effective May 26th, 1928. Second and Locust Streets (2 signs), Grandview Aven- ue and Grace Street, Delhi and As- bury Streets, West Locust and Sev- enteenth Streets (3 signs), Twenti- eth and Central Avenue (2 signs), Twenty- second and Central Avenue, Eighth and Locust Streets (2 signs), Eleventh and Central Avenue (2 signs), Eleventh and Central Avenue Garage, Fourth and Locust Streets (2 signs), Grandview and Rockdale Road, Twenty -first and Jackson Streets, West Fourth Street (Bow- man Garage), dated this 25th day of April, 1928, Southern Surety Co., E. Davi, Secretary. Councilman Schuckert moved that the endorsement be approved, and attached to sign bonds. Seconded by Councilman McEvoy. Carried by the following vote: Special Session, May 2nd, 1928 71 Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Contractors bond of Fred Gielis- sen, plumbers Excavation bond of Maurice A. Hill, renewal certificate of contractors bond of Lowell Wat- kins, renewal of bond of F. J. Piek- enbrock, park commissioner, Jas. C. MacInerny, building commissioner, and J. W. McEvoy, superintendent of City Waterworks, presented for approval. Being properly executed Council- man Schuckert moved that the bonds and renewals be approved and placed on file. Seconded by Coun- cilman McEvoy. Carried by the fol- lowing vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. To the Honorable City Council, Dubuque, Iowa. Gentlemen: In accordance with chapter 289 of the State Code of 1927, the Civil Service Commission conducted an examination for ap- plicants to the Police and Fire De- partments on April 2nd, 1928. The following ten names on the Fire De- partment and eight names on the Police Department list are those who have passed the mental and physical examination with the highest aver- ages and are respectfully submitted for your information and approval: Fire Leo Hallahan 100 Wm. E. Blaser 99 Martin Cahill 95 Clarence Hocking 93% Fred Huftill 92' Geo. W. Reisch, 911 Bernard B Shannon 8714 Louis Nelson 861 John E. Lower 85 Ronald J. Walsh 841 Police Elden W. Kane 91% Albert Altman 86% Donald V. Brewer 86 Ralph E. Liddell 85 John A. Brady 81% Roy Matz 801 Francis C. Massey 79 Carl Saefkow ....- 7114 Respectfully submitted, J. ERNSDORF, Chairman. R. L. WOODWARD, E. J. RYAN, Commissioners. A. E. SIGMAN, Secretary. Subscribed and sworn to before me this 25th day of April, 1928. M. E. WOLFIE, Notary Public. Councilman Meuser moved the re- port be approved, placed on file and 72 Special Session, made a matter of record. Seconded by Councilman rSchuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. City Council, Dubuque, Iowa. Gentlemen: In accordance with chapter 289 of the Iowa State Code of 1927 the Civil Service Commis- sion conducted promotional examin- ations for the members of the Police and Fire Departments on April 2nd, 1928, the results 'obtained from these examinations to stand on file for the year ending March 31st, 1929. The following is a schedule of those who passed with the highest average and are respectfully submit- ted for your information and approv- al: Eligible List for Promotions Police Department Fred Seyler 100 Edward Vosberg 100 Ray Horsfall 9 Nick Campbell 91 John Purcell b2 Eligible List for Promotions to Lieutenants on Fire Department Roy Tierney 100 John Stafford 100 Gerald Cosgrove 99 Clem Walsh 9 Wm. Higgins 9 Chester Lorenz 84 Mathew Bennett 8'i Wm. VanDerMuellen 80 Louis Wemett 95 Herbert Hocking 86 Vincent Kluck 74 Eligible List for Promotions to Cap- tains on the Fire Department Albert Brewer 100 100 Thomas Hickson Lester Benzer John Noonan Eligible List for Promotion to En- gineers on Fire Department Chester Lorenz 100 George Davis 100 .Louis Wemett 96 Respectfully submitted, J. ERNSDORF, Chairman. R. L. WOODWARD, E. J. RYAN, Commissioners. A. E. SIGMAN, Secretary. Subscribed and sworn to before me this 25th day of April, 1928. M. E. WOLFIE, Notary Public. Councilman Meuser moved that the report be approved, placed on file and made a matter of record. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen 100 99 May 2nd, 1928 McEvoy, Meuser, Schuckert, Yount. Nays —None. To the City Manager, Mayor and Members of the City Council. Gentlemen: The 1928 season of the Mississippi Valley League opens in Dubuque on Wednesday, May 9th, 1928, and it is the earnest wish of the Dubuque Baseball Club that you participate in the observance of that event. Officers of the Chamber of Com- merce and the Civic Clubs of Du- buque are co- operating and will ap- pear in the parade preceeding the opening game. It is our desire that the City Manager (who will TRY to throw the first ball) and mem- bers of the City Council will like- wise appear in the procession. _ Reservations have been made for those invited and we sincerely hope that you will accept. Respectfully yours, W. E. WENDT, Secy. Councilman Meuser moved that the invitations be accepted with thanks. Seconded by Councilman Schuckert. Carried by the follow- ing vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Ordinance No. 194 presented and read. ORDINANCE NO. 194 An Ordinance amending an Ordin- ance entitled "An Ordinance relat- ing to building of permanent and temporary sidewalks, and providing for the repair of the same, the same being Ordinance No. 47 of the Re- vised Ordinances of the City of Du- buque, 1919, by repealing paragraph 356, section 4, paragraph 357, sec- tion 5 and paragraph 358, section 6 and enacting a • substitute in lieu therefor. Be it ordained by the City Coun- cil of the City of Dubuque: Section 1. That an ordinance en- titled "An Ordinance relating to building of permanent and tempor- ary sidewalks, and providing for the repair of the same the same being ordinance No. 47 of the Revised Or- dinances of the City of Dubuque, 1919, be and the same is hereby amended by repealing paragraph 356 section 4, paragraph 357, section 5, and paragraph 358, section 6 and a_ substitute is hereby enacted there- for." Section 2. That in lieu of the paragraphs hereby repealed there be and there is hereby enacted the 101- inming: 'Section - 3. Council may order. The Council, by the adoption of a resolution, may order the construc- tion, reconstruction and repair of v / permanent sidewalks upon any street, highway, avenue, public ground, wharf or landing. When sidewalks are ordered constructed, reconstructed or repaired a contract therefore shall be entered into by the City and the work shall be done according to general plans and specifications .prepared therefor. Af- ter the contract has been complet- ed the cost shall be assessed to the lots or parcels of real estate before which such sidewalks have been constructed, reconstructed or re- paired and shall be collected as a special tax in the manner provided by law." -- fiction 4. This ordinance being deemed urgent and of immediate necessity shall be in force and effect from and after its final passage and adoption by the City Council and publication as provided by law. Passed upon first reading this 2nd day of May, 1928. Passed, adopted and approved up- on final reading this 2nd day of May, 1928. JOHN H. MACLAY, Mayor. EDWARD McEVOY, H. F. SCHUCKERT, WM. H. MEUSER, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Meuser moved that this be considered the first reading of the Ordinance. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Councilman Meuser moved that the rules requiring an ordinance to be read on three separate days be suspended. Seconded by Council- man Schuckert. Carried by the fol- lowing vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. The Ordinance was read a sec- ond time. Councilman Meuser moved that this be considered the second read- ing of the Ordinance. Seconded by Councilman Schuckert: Carried by the following vote: IP Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Councilman Meuser moved that the ordinance be read a third time. Seconded by Councilman Schuckert. Carried by the following vote: Yeas—Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Special Session, 1VIay 2nd, 1928 73 The Ordinance was read a third time. Councilman Meuser moved the adoption of the Ordinance. Second- ed by Councilman Schuckert. Car- ried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Ordinance No. 195 presented and read. ORDINANCE NO. 195 An Ordinance amending an Or- diance entitled an "Ordinance pro- viding for the making of sewer, wat- er and gas connections to the curb line by owners of property adjacent to streets, alleys and avenues which are to be permanently improved, and providing for the making of such connections by the City and assess- ing the cost thereof to such proper- ty" the salve being Ordinance No. 128 of the City of Dubuque, by re- pealing paragraph 968 thereof and enacting a substitute in lieu there- fore. Be it ordained by the City Coun- cil of the City of Dubuque: Par. 945, Section 1. That para- graph 869, section 2 of an Ordinance entitled "An Ordinance providing for the making of sewer, water and gas connections to the curb line by own- ers of property adjacent to streets, alleys and avenues which are to be permanently improved, and provid- ing for the making of such connec- tions by the City and assessing the cost thereof to such property" being Ordinance No. 128 of the City of Du- buque be and the same is hereby repealed. Par. 946, Section 2. That in lieu of paragraph 869, Section 2 of Or- dinance No. 128 .herein repealed there be and there is hereby enacted a substitute in lieu therefor, pro- viding as follows: Par. 869. Notice to be given. Sec- tion 2. That as soon as the resolu- tion requiring the connections to be made as provided for in Section 1 hereof is passed and adopted by the City Council, a written notice shall be served upon all persons, firms or corporations owning property along the street, avenue or alley proposed to be improved, which no- tice shall order said property own- er or owners to make connections to the curb line with gas, water and sewer mains located in said streets, and thereupon it shall be the duty of the owners of such property to comply with such notice. The no- tice shall prescribe whether or not more than one connections is re- quired to be made and the descrip- tion of the lot or parcel of real es- tate to which the same 0) to be 74 Special Session, made and, in each instance, such owner or owners shall be advised of the number of connections that are required to be made. `---"'° -- Section 3. That this Ordinance being deemed urgent and of immed- iate necessity shall be in force and effect from and after its final pass- age and adoption by the City Coun- cil and publication as provided by law. Passed upon first reading this 2nd day of May, 1928. Passed, adopted and approved up- on final reading this 2nd day of l May, 1928. JOHN H. MACLAY, Mayor. EDWARD McE,VOY, H. F. SCHUCKERT, WM. H. MEUSER, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Yount moved that this be considered the first reading of the Ordinance. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Councilman Yount moved that the rules be suspended requiring an Ordinance to be read on three separ- ate days. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. The Ordinance was read a second time. Councilman Yount moved that this be considered the second read- ing of the Ordinance. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Councilman Yount moved that the Ordinance be read a third time. Sec- onded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. The Ordinance was read a third time. Councilman Yount moved the ad- option of the Ordinance, Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Ordinance No. 196 presented and read. May 2nd, 1928 ORDINANCE NO. 196 An Ordinance repealing an Ordin- ance entitled "An Ordinance repeal- ing Section 2 of an Ordinance en- titled "An Ordinance providing for the making of connections with gas, water and sewer mains by property owners along streets, alleys and av enues whereon permanent improvq- ments are about to be made and providing for the making of such connections by the City and assess- ing the cost thereof to the property owners," the same being an ordin- ance numbered 46 of the Revised Ordinances of the City of Dubuque, 1919, and enacting a substitute in lieu thereof; and also further amend- ing said Ordinance by providing for the number of connections which may be ordered made to abutting property," said Ordinance having been adopted on the 27th day of August, 1923. Be it ordained by the City Council of the City of Dubuque: Section 1. That an Ordinance en- titled "An Ordinance repealing Sec- tion 2 of an Ordinance entitled "An Ordinance providing for the making of connections with gas, water and sewer mains by property owners along streets, alleys and avenues whereon permanent improvements are about to be made and provid- ing for the making of such connec- tions by the City and assessing the cost thereof to the property owners," the same being an Ordinance num- bered 46 of the Revised Ordinances of the City of Dubuque, 1919, and enacting a substtiute in lieu thereof; and also further amending said or- dinance by providing for the num- ber of connections which may be ordered made to abutting property," be and the same is hereby repealed. Section 2. That this ordinance be- ing deemed urgent and of immed- iate necessity shall be in. force and effect from and after its final pass- age and adoption by the City Coun- cil and publication as provided by law. Passed upon first reading this 2nd day of May, 1928. Passed, adopted and approved up- on final reading this 2nd day of May, 1928. JOHN H. MACLAY, Mayor. EDWARD McEVOY, H. F. SCHUCKERT, WM. 11. MEUSER, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Yount moved that this be considered the first reading of Ordinance. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Councilman Yount moved that the rules be suspended requiring an Or- dinance to be read on three separ- ate days. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. The Ordinance was read a second time. Councilman Yount moved that this be considered the second reading of the Ordinance. Seconded by Coun- cilman Meuser. Carried by the fol- lowing vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Councilman Yount moved that the Ordinance be read a third time. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. The Ordinance was read a third time. Councilman Yount moved the ad- option of the Ordinance. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. There being no further business, Council adjourned and immediately went into a session as the Board of Health. JOHN STUBER, City Clerk. Approved 1927. Adopted 1927. I Councilmen 1 Attest: Special Session May 2nd, 1928 City Clerk. 75 BOARD OF HEALTH (Official) Board met at 5:40 o'clock P. M. Present —Mayor Maclay in the Chair, Councilmen McEvoy, Meuser, Schuckert, Yount. Meeting called for the purpose of acting on such business as may pro- perly come before a Board of Health meeting. Return of Service. Notices served on Joseph Strausser, Walter Koern- er, agent for Hasler Estate, F. Adam Grings, Frank White, Thomas Cox, Bart Cain, E. C. Schultz, and Brad- ley & Maclay agents for Wm. Brad- ley, Catherine Bradley and J. J. Ro- shek, to abandon outside toilets or water closets and connect their premises with sanitary sewer. Sworn and subscribed to by Jos. Scharry, Health Office•. Councilman Meuser moved that the return of service be made a mat- ter of record. Seconded by Coun- cilman Yount. Carried by the fol- lowing vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. There being no further business, Board adjourned. JOHN STUBER, Clerk, Board of Health. Adopted 1928. Approved 1928. Bd. of Health Attest: City Clerk. 76 Regular Session, May 7th, 1928 CITY COUNCIL (Official) Regular Session, May 7th, 1928. Council met at 5 P. M. Present— City Manager Kratz, Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert. Absent— Councilman Yount. Mayor Maclay stated that this is the regular monthly meeting of the Council for the dispatch of such business as may properly come be- fore a regular meeting of the Coun- cil. Notice of publication, certified to by the publisher, fixing date of meet- ing for May 7th at 5 o'clock P. M. for the purpose of instituting pro- ceedings taking action for the issu- ance of Dock Bonds of the City of Dubuque in the sum of $65,000 for the purpose of constructing works and improvements for the harbor and water front in said City and the purchase of property for said purpose, and hearing objections by the tax payers to the issuance of said bonds. There being no objections filed, Councilman Meuser moved that the notice be received and filed. Sec- onded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent — Councilman Yount. Ordinance No. 197. An Ordinance authorizing the issuance of $65,000 Dock Bonds providing for the pay - ment of same and declaring an emer- gency, presented and read. Councilman Meuser moved that this be considered the first reading of the Ordinance. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent — Councilman Yount. Councilman Meuser moved that the rules requiring an Ordinance to be read on three separate days be suspended. Seconded by Council- man Schuckert. Carried by the fol- lowing vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent — Councilman Yount. The ordinance was read a second time. Councilman Meuser moved that this be considered the second read- ing of the Ordinance. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent — Councilman Yount. Councilman Meuser moved that the Ordinance be placed on file for a period of not less than one week in the office of the City Clerk for public inspection. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent — Councilman Yount. Councilman Meuser moved that the Clerk be instructed to advertise the sale of Dock Bonds as provided by law. Seconded by Councilman Schuckert. Carried by the follow- ing vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent— Councilman Yount. NOTICE OF SALE OF BONDS Sealed bids will be received in the Council Chamber in the City Hall, Dubuque, Iowa, until 10 o'clock A. M., May 24th, 1928, for $65,000 Deck Bonds of the City of Dubuque, Iowa, after the receipt of which open bids will be received and the bonds will then be sold to the highest bid- der for cash. Said bonds will be dated May 1, 1928, be of the denomi- nation of $1,000 each, and mature $5,000 on November 1 of each of the years 1935 to 1947 inclusive, option- al on any interest payment date on and after May 1, 1929; and will bear interest at the rate of not exceeding four and one -half per centum (4 %) per annum, payable semi- annually. Both principal and inter- est are to be payable in lawful mon- ey of the United States of America at the office of the City Treasurer, Dubuque, Iowa. These bonds are to be issued by the City of Dubuque for defraying the cost of constructing works and improvements for the harbor and water front hi said City and the pur- chase of property for said purpose. The City will furnish the approving opinion of Messrs. Chapman and Cut- ler, Lawyers, Chicago, Illinois, and all bids must be so conditioned. Bidders must furnish certified checks for $1,000.00 as guarantee of good faith, this amount to be forfeited to the City by the successful bidder should he fail to take up and pay for the bonds when ready. The right is reserved to reject any or all bids. Assessed value of taxable proper- ty in the City, (including moneys and credits, $6,425,573) for 1927, $53,- 294,081.00. Total bonded indebtedness, includ- 1 ing proposed bonds, $1,637,913.41. r Present estimated population, 41,- 000. By order of the City Council. OTTO F. PULS, City Treasurer. 'JOHN STUBER, City Clerk. May 8 and 15th. Ordinance No. 192 having passed upon first and second reading, pre- sented for final reading and adop- tion. n ORDINANCE 192. \C An Ordinance prohibiting the dis- playing or placing of Food products, advertising signs or other articles of every description upon the side - - walks, except as may be authorized herein; repealing of ordinances or parts of ordinances in conflict here- with and providing a penalty for vio- lation thereof. Be it ordained by the city council of the city of Dubuque: Par. 933, Section 1. It shall be un- lawful for any person to display or place, or cause to be displayed or placed, upon the public sidewalks of the city of Dubuque, any food prod- ucts, advertising signs or ether ar- ticles of any character or descrip- tion, except only such as may be ex- pressly permitted by the city council of said city. Provided, however, that, within the district desig- nated as the public market, food products and flowers may be displayed for sale either from wagons, crates or stands but the location of such display shall be confined to the portion of the side- walks next to the curb and so as not to interfere with the convenient use of the remaining portions of the walks or streets; except, however, that additional space may be granted •on the walk on Iowa street abutting the city hall by the market master. Par. 934, Section 2.. That section 391, Ordinance 51 of the Revised Or- dinahces of 1919, and all other ordi- nances and parts of ordinances in conflict herewith be and the same are hereby repealed. Par. 935, Section 3. Any person violating any of the provisions here- of shall be fined not to exceed $10.00 for each offense and if such fine is not paid he shall be imprisoned not to exceed Three (3) days in jail. Section 4. This ordinance shall be in farce and effect ten (10) days from and after its final passage and adoption by the city council and pub- lication, as provided by law. Passed upon first and second read- ing this 25'th day of April, 1928. ' Passed, adopted and approved up- Regular Session, May 7th, 1928 77 on final reading this 7th day of May, 1928. JOHN H. MACLAY, Mayor. EDWARD McEVOY, HENRY F. SCHUCKERT, WM. H. MEUSER, Councilmen. Attest: JOHN STUBER, City Clerk. Published officially in the Tele- graph- Herald and Times- Journal newspaper, May 9th, 1928. JOHN STUBER, 5 -9 -1t City Clerk. Councilman Meuser moved the ad- option of the Ordinance. Seconded by Councilman Schuckert. Carried by by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent — Councilman Yount. Ordinance No. 193, having passed upon first and second reading, pre- sented for final reading and adop- tion : ORDINANCE NO. 193. AN ORDINANCE PROVIDING FOR THE LICENSING OF AUCTION- EERS; REGULATING THE SALE OF REAL AND PERSONAL PROP- ERTY AT PUBLIC AUCTION RE- PEALING ALL ORDINANCES OR PARTS OF ORDINANCES HERE- TOFORE ENACTED, WITH REFERENCE TO AUCTIONEERS AND SALES BY AUCTION AND ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PRESCRIB- ING A PENALTY FOR VIOLA- TION HEREOF. Be it Ordained by the City Council of the city of Dubuque: Par. 936. Section 1. REPEAL OF ORDINANCES. That all ordinances or parts of ordinances heretofore en- acted with reference to the licensing of auctioneers and sales at public auction and all ordinances and parts of ordinances in conflict herewith be and the same are hereby repealed. Far. 937. Section 2. AUC- TIONEERS DEFINED. Any per- son, firm or corporation who engages in the business of sell- ing or of offering for sale real or personal property at public auction within the city of Dubuque shall, for the purposes of this ordinance be deemed to be an auctioneer and he shall be subject to all of the provis- ions hereof. Par. 938. Section 3. LICENSE. Before any person, firm or corpora- tion shall engage in business as an auctioneer he shall procure a per- mit therefore from the city Manager and shall pay the following fees in advance: 78 Regular Session, (a). If such person sell real estate, household goods or live stock from or upon privately owned or leased premises he shall pay a license fee of $5.00 per day or $25.00 per year. (b). If such person sell goods, wares or merchandise of a resident merchant he shall pay a license fee of $5.00 per day, $15.00 per week or $35.00 per month. (c). If such person sell goods, wares or merchandise which have been brought into the city for the purpose of being sold or offered for sale at public auction; or if such person, at public auction, sell goods, wares or merchandise only a part of which is owned by a resident mer- chant, and the balance is brought into the city for sale at public auc- tion, such person shall pay a license fee for the first 30 days of $25.00 per day, for the next 30 days $15.00 per day and $10.00 per day for each day thereafter. Par. 939. Section 4. SALES REGULATED. It shall be unlawful for any person, firm or corporation to sell, dispose of or offer for sale at public auction any goods, wares or merchandise whether the same be the property of the auctioneer or he sells the same as agent or employee of another, from any premises with- in the following district: On Locust street from West 3rd to West 12th street; on Main street from West 3rd street to West 12th street; on Iowa street from West 4th street to West 14th street; on Central ave- nue from West 4th street to 20th street; on West 8th street from Cen- tral avenue to Bluff street; and on any of the cross streets within the district named for a distance of 150 feet in each direction. Except there shall be exempted from the applica- tion of this provision judicial sales, sales by executors or administrators or sales by licensed • pawn brokers for unredeemed pledges in the man- ner provided by law and sales of stock of goods on hand at the com- mencement of such auction and be- longing to any person, firm or corpo- ration who shall have been continu- ously in business in the city of Du- buque for at least one year prior thereto as a retail or wholesale merchant handling the kind of mer- chandise offered for sale, and only then, if such sale is conducted at his regular place of business on succes- sive days, not including Sundays and holidays, and except, further, if such sale does not continue for more than thirty days; provided, however, that such time may be extended upon ap- plication to the city manager if the sale has not, in good faith, been completed within the 30 days period. May 7th, 1928 Par. 940. Section 5. Same. Be- fore a permit for an auction sale shall be granted to any person, firm or corporation, such person, firm or corporation shall submit to the city manager an inventory duly sworn to as correct by the person, firm or cor- poration proposing to conduct such sale showing the stock of goods, wares or merchandise which it is proposing to sell at s ch auction, set- ting out the quantity and descrip- tion of each item and designating therein what property has been brought into the city for the purpose of offering the same for sale, if any, and what property has not been so brought in. Such inventory shall re- main on file for public inspection in the office of the city manager and the same shall not be withdrawn therefrom, and only the items of goods, wares or merchandise appear- ing in such inventory shall be sold or offered for sale at any public auc- tion. Par. 941. Section 6. Same. Where notice, either oral or written, has not been given that a sale by auction is subject to a right to bid on behalf of the seller or owner, it shall not be lawful for the seller or owner to bid himself or to employ or induce any person to bid at such sale in his behalf, or for the auctioneer to em- ploy or induce any person to bid at such sale on behalf of the seller or owner or knowingly to take any bid from the seller or owner or any person employed by him. In addition to the penalties herein prescribed, any sale contravening this rule may be treat- ed as fraudulent by the buyer. Par. 942. Section 7. Same. All auction sales shall be conducted in a well lighted room or upon well light- ed premises. Par. 943. Section 8. Same.. It shall be unlawful to misrepresent any article, goods, wares or merchan- dise sold or offered for sale at pub- lic auctions as to quality, quantity, or price value. Par. 944. Section . 9. Any person, firm or corporation, who shall engage in business as an auc- tioneer, as herein defined, without a permit; or who conducts an auction sale without such permit; or who fails or refuses to comply with all or any of the provisions hereof, or who violates any of the provisions hereof, shall be guilty of a misdemea- nor and upon conviction he shall be punished by a fine of not to exceed $100.00 or, in the event such fine be not paid, he shall be imprisoned for not to exceed 30 days in jail, and if a permit has been granted to him, in addition to said fine, said permit may be revoked by the city manager. Section 10. PUBLICATION. This ordinance shall be in force and ef- fect ten (10) days from and after its final passage and adoption by the city council and publication as -pro- vided by law. Passed upon first and second read- ing this 25th day April, 1928. Passed, adopted and approved upon final reading this 7th day of May, L1928. JOHN H.. MACLAY, Mayor. EDWARD McEVOY, HENRY F. SCHUCKERT, WM. H. MEUSER, Councilmen. Attest: JOHN STUBER, City Clerk. Published officially in the Tele- graph- Herald and Times- Journal newspaper 9th, 1928. . JOHN STUBER, 5 -9 -1t City Clerk. Councilman Meuser moved the ad- option of the Ordinance. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nay s =None. Absent — Councilman Yount. Petition of property owners on Broadway asking that Broadway be paved to a width of 40 feet with a concrete pavement of a thickness to be approved by the City Engineer, from the southerly line of West 24th Street to Diagonal Street, said im- provement also to consist of curbs, where advisable, concrete driveways, walks, drainage and other matters necessary to make the improvement complete, said improvement to be assessed against their respective properties. Signed by E. L. Scheppele, C. K. Mathis, W. S. Ludwig, et al (25 sign- ers). Councilman Meuser moved that the petition be granted and made a matter of record. Seconded by Coun- cilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent— Councilman Yount. Petition of property owners on Broadway, objecting to the improve- ment of Broadway, at the present time from 24th Street to Diagonal Street, stating that with a little re- pairing the street will be good for a long time. Signed by Elmer C. May, W. B. Fassbinder, E. L. Heiberger, et al (10) signers. Regular Session, May 7th, 1928 79 Councilman Schuckert moved that the petition be received and filed. Seconded by Councilman 'McEvoy. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent — Councilman Yount. Renewal certificate of sign bond of Mathey Chevrolet Co., presented for approval. Being properly executed Council- man Schuckert moved that it be re- ceived and placed on file. Seconded by Councilman McEvoy. Carried by the following vote; Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent — Councilman Yount. Petition of Lang Insurance Co., stating that Peter Stonakes is no longer in the contracting Co., and hereby asks that his bond be can- celled. Councilman Schuckert moved that the prayer of the petition be grant- ed, bond be cancelled and returned to Lang Insurance Co. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent— Councilman Yount. Petition of Cleophas Geitz, dis- abled World War veteran, stating that he is unable to do actual work, and hereby asks that he be exempt- ed from paying a license to operate an ice cream wagon. Councilman Schuckert moved that the petition be referred to the City Manager and Chief of Police. Sec- onded by C.ouncilman McEvoy. Car- ried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays - -None. Absent — Councilman Yount. Petition of M. T. Puccio ,asking to be exempted from paying a ped- dlers license, being disabled and un- able to do actual work. Petition signed by Ed Vyverberg, E. J. De- laney, Louis Foell, et al (15 sign- ers). Councilman Schuckert moved. that the petition be referred to the City Manager and Chief of Police. Sec- onded by Councilman McEvoy. Car- ried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent— Councilman Yount. .4 80 Regular Session, May 7th, 1928 RESOLUTION NO. 1 RESOLUTION OF NECESSSITY FOR THE CONSTRUCTION OF STREET IMPROVEMENTS CON- SISTING OF GRADING, PAVING, CURBING, GUTTERING AND DRANING; FOR THE MAKING OF UNDERGROUND- CONNEC- TONS; AND FOR THE CON- STRUCTION OR REPAIR OF PERMANENT SIDEWALKS, DRIVEWAYS AND WATER DRAIN'S. WHEREAS, a plat and schedule has been duly prepared by the City Council and is now on file in the office of the Clerk, showing the streets to be improved, the boundar- ies of the district, if any, the width of the improvements, each lot pro- posed to be assessed, an estimate of the cost of the proposed improve- ment for each type of construction and kinds of materials to be used, and in each case the amounts which it is - estimated will be assessed against each lot for such improve- ments: BE IT, THEREFORE, RESOLVED • by the City Council of the City of Dubuque, 'on its own motion or up- on petition of property owners, that it is deemed necessary or advisable to build, construct and put in place certain street improvements, as herein described, in, upon and along' the following streets to wit: (a) Emmet Street from the west property line of Bluff Street to the east property line of St. Mary's Street. (b) St. Mary's Street from the south property line of Emmett Street to the south property line of West 3rd Street. (c) Johnson Street from the west property line of Garfield Avenue to the east property line of East 22nd Street, except where already paved. (d) Broadway from the south property line of West 24th Street to the south property line of Diag- onal Street. (e) West 4th Street from the west property line of Bluff Street to the west line of City Lot 612. (f) Roberts Street from the north property line of West 5th Street to the north property line of West 8th Street. (g) West 8th Street from the east property line of Roberts Street to the west property line of Wilson Street. (h) Wilson Street from the south property line of West 8th Street on the west to the south property line of Julien Avenue. Such street improvement shall consist of grading, paving, draining, curbing and guttering, the curb and gutter shall be constructed of con- crete or old stone curb may be re- set, and the paving shall be con- structed of one or more of the fol- lowing materials and methods, to wit: 1. By paving with 6 inch plain concrete. 2. Or with 3. Or with All of the grading, paving, curb- ing and guttering shall be construct- ed and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been or will be approved by the City Council before a contract is entered into. The street railway portion on any of said streets will be paved with between the rails and on one foot outside thereof. That sewer drains shall be constructed where necessary to take care of surface water. That the cost and expense of mak- ing said improvements shall be as- sessed upon and against all private- ly owned property lying within the assessable distance provided by law, whether the same abuts thereon or is adjacent thereto, according to area and in proportion to the spe- cial benefits conferred, and any de- ficiency shall be paid out of the gen- eral or improvement funds of the City, or partly out of each of such funds. Bonds shall be issued and sold in anticipation of deferred pay- ments of assessments when the con- tract has been performed and ac- cepted and the proceeds thereof used to pay the contractor. The railway portion of any street shall be assessed to and paid by said street railway. Be it further resolved that under- ground connections with sewer, wa- ter and gas mains in said streets be deemed necessary and the same are ordered made to the curb lines of adjacent property before said streets are improved and that a written notice to make such connec- tions within ten days from the ser- vice thereof be given to the owner or owners of such property and, in the event, such connections are not made within said time, then such work will be done under contract and the cost thereof will be assess- ed to the property for which the same have been made. One connec- tion shall be required of each lot of 50 linear feet • unless the lot is subdivided or in acreage, in which event such additional connections will be required as will adequately serve the property and the notice shall state the number of connec- tions that are required for each lot or parcel of real estate. Be it further resolved that the sidewalks and water drains therein and driveways to private property along such streets be deemed neces- sary to be constructed, reconstructed or repaired and the same are hereby ordered constructed or repaired and such work shall be done under con- tract and the cost thereof assessed to the property for whose benefits such improvements are made in the manner provided by law. All underground connections, side- walks, drains and driveways shall be constructed according to specifi- cations prepared therefor. That separate contracts will be en- tered into for each street improve- ment unless two or more streets con- stitute a continuous or connect thor- oughfare and the limits are defined, and the cost of each improvement will be separately assessed. Be it further resolved that the above and foregoing improvements are hereby proposed to be made and constructed as hereinbefore set forth, and that this proposed resolu- tion, except this paragraph, be and the same is hereby set down for further and final hearing, consider- ation and determination at a meet- ing of this Council to be held on the 24th day of May, 1928 at 5 o'clock P. M. in the Council Chambers of the City Hall of this City, and the Clerk be and he is hereby instruct- ed to cause notice of the pendency of this resolution and of the time and place, when and where the same will be considered for passage, to be given by publication in the official newspapers of said City, in the man- ner and for the time prescribed by law, at which time the owners of property subject to assessment for any of said proposed improvements may appear and make objection to the boundaries of the district, if any, the cost of any of the proposed improvements, the amount to be as- sessed against any lot, and to the passage of the proposed resolution and unless property owners at the time of the final consideration of said resolution have on file with the Clerk written objections to the amounts of any of the proposed im- provements, they shall be deemed to have waived all objections there- to. The above resolution was intro- duced, approved and ordered placed on file with the City , Clerk and no- tice of its pendency ordered pub- lished this 7th day of May, 1928. Approved: JOHN H. MACLAY, Mayor. EDWARD McEVOY, H. F. SCHUCKERT, Regular Session, May 7th, 1928 81 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 Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent — Councilman Yount. NOTICE OF PENDENCY OF RES- OLUTION OF NECESSITY FOR THE CONSTRUCTION OF STREET IMPROVEMENTS; FOR THE MAKING OF UNDER- GROUND CONNECTIONS; AND FOR THE CONSTRUCTION OR REPAIR OF SIDEWALKS, DRAINS AND DRIVEWAYS. 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 making of street improvements, underground connections, sidewalks, drains and driveways to private property in, up- on and along the streets herein named, said resolution having been proposed at a meeting of said Coun- cil on the 7th day of May, 1928, said street improvement to consist . of grading, paving, draining, curbing and guttering and to be of the ma- terials and method of construction and be located as follows, to wit: (a) Emmett Street from the west property line of Bluff Street to the east property line of St. Mary's Street. (b) St. Mary's Street from the south property line of Emmett Street to the south property line of West 3rd Street. (c) Johnson Street from the west property line of Garfield Avenue to the east property line of East 22nd Street except where already paved. (d) Broadway from the south pro- perty line of West 24th Street to the south property line of Diagonal Street. (e) West 4th Street from the west property line of Bluff Street to the west line of City Lot 612. (f) Roberts Street from the north property line of West 5th Street to the north property line of West 8t_ Street. (g) West 8th Street from the east property line of Roberts Street to the west property line of Wilson Street. (h) Wilson Street from the south property line of West 8th Street on the west to the south property line of Julien Avenue. -of Roberts Street to the west pro- perty line of Wilson Street —con- crete $861.00 and Wilson Street from the south property line of West 8th Street on the west to the south pro- perty line of Julien Avenue —con- crete $3,708.75. Be it further resolved that on the 21st day of May, 1928, a public hear- ing will be held at 5 oclock P. M. in the Council Chambers of the City of Dubuque, for the purpose of hear- ing objections which may be filed by any interested persons to the proposed plans or specifications or form of contract for, or cost of any of such improvement and the City Clerk be and he is hereby directed to cause a notice of the time and place for such hearing to be pub- lished in the official newspapers of the City of Dubuque, at which hear- ing the Council will hear such ob- jections and enter on record its fin- al decision thereon. Be it further resolved that the form of contract be preserved on file in the office of the Clerk for pub- lic inspection. Passed adopted and approved this 7th day of May, 1928. JOHN H. MACLAY, Mayor. EDWARD McEVOY, H. F. SCHUCKERT, WM. H. MEUSER, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Meuser moved the ad- option of the resolution. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Ma.clay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent — Councilman Yount. Official Notice To Whom It May Concern: You are hereby notified that at 5 o'clock P. M. on the 21st day of May, 1928, at the Council Chamber in the City Hall in the City of Du- buque, Iowa, there will be conducted a hearing on the proposed plans and specifications and proposed form of contract, which have heretofore been approved by the City Council of the City of Dubuque, Iowa, for the following public improvents: Emmett Street from the west pro- perty line of Bluff Street to the east property line of St. Mary's Street — concrete $3,371.00; St. Mary's Street from the south property line of Emmett Street to the south pro- perty line of West 3rd Street —con- crete $3,500.00; Johnson Street from the west property line of Garfield Avenue to the east property line of East 22nd Street except where al- Regular Session, May 7th, 1928 83 ready paved— concrete $9,158.00; Broadway from the south property line of West 24th Street to the south property line of Diagonal Street — concrete $14,182.00; West 4th Street from the west property line of Bluff Street to the west line of City Lot 612— concrete $2,373.75; Roberts Street from the north property line of West 5th Street to the north pro- perty line of West 8th Street —con- crete $4,966.00 and West 8th Street from the east property line of Rob- erts Street to the west property line of Wilson Street— concrete $861.00 and Wilson Street from the south property line of West 8th Street on the west to the south property line of Julien Avenue — concrete $3,708.75. At said hearing any interested per- son may appear and file objections to the proposed plans, specifications or form of contract,- or cost of such improvement. Dated at Dubuque, Iowa, this 7th day of May, 1928. JOHN STUBER, City Clerk. Report of the City Water Works for the month of April, 1928, pre- sented for approval. 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 Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. ... Absent— Councilman Yount. Application of Bart McDonnell, 1199 Central Avenue, and Alois Jo- seph Ender, 2311 Windsor Avenue, with bonds attached, for permits to sell cigarettes. Councilman Schuckert moved that the bonds be received and filed and permits granted. Seconded by Coun- cilman Meuser. Carried by the fol- lowing vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent— Councilman Yount. Petition of property owners on Grandview Avenue between Delhi Street and Mt. Carmel, asking that the City Council establish a restrict- ed residence district along said street in conformity with the pro- visions of Chapter •325 of the Code of Iowa, 1927. In support of this petition' they respectively submit for the Coun- cil's consideration the apparent fact that Grandview Avenue is essential- ly a residence street and constitutes the most attractive drive in the city. In view of the fact that there al- ways exists the danger of encroach- ment by business and other com- mercial enterprises it is their sin- 82 Regular Session, May 7th, 1928 By paving the same with 6 inch plain concrete and by constructing concrete curb and gutter along the improvement or resetting old curb, where advisable, all of which im- provements to be constructed ac- cording to the plans and specifica- tions prepared by the Engineers, ap- proved by the Council and now on file in the office of the Clerk. That a plat and schedule of each of such improvements is on file in the office of the Clerk showing the streets to be improved, the boundar- ies of the district, if any, the width of the improvements, each lot pro- posed to be assessed, an estimate of the cost of the improvements for each different type of construction and kind of materials to be used and the amount which is estimated will be assessed against each lot or parcel of real estate, to which plat the schedule property owners are referred. The street railway portion of any street will be paved with between the rails and one foot outside thereof and shall be assessed to said railway. That the cost and expense of con- structing said improvements will be assessed upon and against all pri- vately owned property lying within the assessable distance provided by law, whether abutting upon the im- provements or adjacent thereto, ac- cording to the area thereof and in proportion to the special ibenefits conferred. And deficiency shall be paid out of the city general or im- provement funds or partly out of each of such, funds. That underground connections with sewer, water and gas mains in said streets are proposed to be made to the curb lines of adjacent property and, unless such connections are made after due notice, the same will be made by the City under contract and the cost thereof assessed to the property for whose benefit they are made. That permanent sidewalks, water drains and driveways to private pro- perty will be constructed, recon- structed or repaired along said streets, where necessary, and the cost thereof will be assessed to thi property for whose benefit they are made. All of the foregoing improvements will be done according to plans and specifications duly prepared there- for and now on file in the office of the Clerk and Engineer. Separate contracts will be entered into for each street improvement un- less two or more streets constitute a continuous or connected thorough- fare and the limits are defined and assessed for costs will be made for each improvement. That said proposed resolution has been set down for further and fina hearing, consideration and determin- ation, at a meeting of the Council to be held on the 24th day of May, 1928, at 5 oclock P. M. in the Council Chamber of the City Hall, at which time the owners of property subject to assessment for any of the pro- posed improvements may file writ- ten objections to the boundaries of any improvement ,to the cost of the improvements, to the amount pro- posed to be assessed against any lot or, parcel of real estate, and to the passage of the proposed resolu- tion, and at that time the resolution may be amended and passed, or passed as proposed. Unless proper- ty owners at the time of the final consideration of said resolution have on file written objections to the amount of the proposed assessment, they shall be deemed to have waived all objections thereto. Given under my hand this 7th day of May, 1928. JOHN STUBER, City Clerk. Resolution Adopting and Approving Proposed Plans and Specifica- tions and Proposed Form of Contract for Street Improvements Whereas, proposed plans, specifi- cations and form of contract have been duly prepared for the construc- tion of the public improvements herein described; now therefore Be it resolved by the City Coun- cil of the City of Dubuque that the proposed plans, specifications and form of contract heretofore prepared be and the same are hereby ap- proved for the construction of the following improvements, to wit: Emmett Street from the west pro- perty line of Bluff Street to the east property line of St. Mary's Street — concrete $3,371.00; St. Mary's Street from the south property line of Emmett Street to the south pro- perty line of West 3rd Street —con- crete $3,560.00; Johnson Street from the west property line of Garfield Avenue to the east property line of East 22nd Street except where al- ready paved — concrete $9,158.00; Broadway from the south property line of West 24th Street to the south property line of Diagonal Street — concrete $14,182.00; West 4th Street from the west.property line of Bluff Street to the west line of City Lot 612 — concrete $2,373.75; Roberts Street from the north property line of West 5th Street to the north property line of West 8th Street- concrete $4,966.00 and West 8th Street from the east property line 84 Regular Session, cere hope that this district will be protected against any encroach - ments. A tentative ordinance has been prepared and is hereto at- tached, and made a part hereof. They request the adoption of this ordinance at an early date. Signed by 163 signers. Councilman Meuser moved the suspension of the rules 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 Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. -- Absent— Councilman Yount. An Ordinance being Ordinance No. 198 designating and establishing all that territory lying within 200 feet on either side of Grandview Avenue from Delhi Street to the easterly end of said Avenue a re- stricted residence district; provid- ing that no building or structure ex- cept residences, school houses, churches, and other similar struc- tures shall hereafter be erected, al- tered, or repaired, or occupied with- in said district without first secur- ing from the City Council of the City of Dubuque, a permit therefor; and prescribing a penalty for violation hereof. Presented. Messrs Howard McCoy, E. A. Buet- tell, Sam Swift, Mr. Beach, and oth- ers addressed the Council relative to the petition, and hoped that the Council would appreciate their ef- forts in trying to secure this restrict- ed residence district, stating that over 90% of the property owners on this street are in favor of this and hope that the Council will adopt the ordinance. Councilman Meauser moved that the reading of the Ordinance be con- sidered the first reading of the Or- dinance. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent — Councilman Yount. Councilman Meuser moved that the rules requiring an Ordinance to be read on three separate days, be suspended. Seconded by Councilman Schuckert. Carried by the follow- ing vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent— Councilman Yount. The Ordinance was read a second time. Councilman Meuser moved that this be considered the second read- ing of the Ordinance, Seconded by i May 7th, 1928 Councilman Schuckert. Carried by the vollowing vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent — Councilman Yount. Petition of residents on Foye Street asking that said street be im- proved and a light installed, also water mains be laid in Napier Street. John Stierman addressed the Council relative to this petition, stating that the residents on this street petitioned for this several times and hoped that it will finally be improved. Improvement to be from Lowell Street to Napier Street. Councilman McEvoy moved that the petition be referred to the City Manager. Seconded by Councilman Schuckert. Carried by the follow- ing vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent — Councilman Yount. Petition of Post No. 6 of American Legion and Unit No. 6 of the Amer- ican Legion Auxiliary, for permis- sion to hold and conduct their an- nual Poppy Day sale on Saturday, May 19th, 1928, for the purpose of raising money for the relief of dis- abled and needy veterans and their dependent families. Councilman McEvoy moved that the prayer of the petition be grant- ed. Seconded by Councilman Schuck- ert. Carried by the foloowing vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent — Councilman Yount. City Solicitor Czizek reported on the claim of W. H. Quillan against the City and recommended that the claim be settled for $20.00. Councilman Meuser moved that the recommendation of the City So- licitor be approved and the Chty Auditor be instructed to draw a war- rant in the sum of $20.00 in favor of W. H. Quillan, settlement in full, for damage to automobile, on ac- count of driving into a sewer inlet on Seminary Street. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent — Councilman Yount. RESOLUTION EXTENDING GAR- BAGE CONTRACT WHEREAS, the contract as amended heretofore existing be- tween the City of Dubuque and E. T. Frith and Mary E. Frith provid- ing for the collection of garbage and dead animals expired on May 1, 1928; WHEREAS, the parties hereto have mutually agreed to an exten- sion thereof for a period of one year, to wit, to May 1, 1929, upon the same terms and conditions as there- in contained, providing among oth- er things, for the payment of $60.00 per day for each working day, Sun- days and holidays excluded, during the months of May, June, July, Aug- ust, September and October and $55.00 per day for each such work- ing days during the months of No- vember, December, January, Febru- ary, March and April; NOW THEREFORE, Be it re- solved by the City Council of the City of Dubuque that the contract as amended, herein referred to, be and the same is hereby extended for a period of one year, to wit, from May 1, 1928 to May 1, 1929, and all of the terms, conditions and pro- visions of such contract, as amend- ed, shall be in full force and effect during said period, payment to be made. to the contractor on the basis of $60.00 per day for each working day, Sundays and holidays excluded, during the months of May, June, July, August, September and Octo- ber, 1928, and $55.00 for each such working day during the month of November and December, 1928, Jan- uary, February, March and April, 1929. Be it further resolved that this resolution and the contract to which it refers shall be in force and ef- fect when the same has been ad- opted by the City Council and duly approved by E. T. Frith and Mary Frith, both in her individual capac- ity and as executrix of the estate of E. E. Frith deceased, which approv- al shall be endorsed hereon. Passed, adopted and approved this 7th day of May, 1928. JOHN H. MACLAY, Mayor. EDWARD McEVOY, H. F. SCHUCKERT, WM. H. MEUSER, Councilmen. Attest: JOHN STUBER, City Clerk. Approval By Contractor The undersigned, being parties of the second part in the contract with the City of Dubuque for the collec- tion of garbage and dead animals, hereby approve the extension of such contract, as amended, for one year as provided in the foregoing resolution and agree to perform: said contract, as amended, accord- ing to all of the provisions and con- ditions stated therein for the con- sideration named in said contract as .amended and in the foregoing reso- lution. Regular Session, May 7th, 1928 85 Dated this 7th day of May, 19 E. T. FRITH, MARY FRITH, MARY FRITH, Executrix of the Estate of E. E. Frith, deceased. Councilman Meuser moved the ad- option of the resolution. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent— Councilman Yount. There being no further business, Council adjourned. JOHN STUBER, City Clerk. Adopted 1928. Approved 1928. Councilmen Attest: City Clerk. 86 Special CITY COUNCIL (Official) Special Session May 14th, 1928. Meeting called by order of Mayor Maclay and Councilman McEvoy. Council met at 5 P. M. Present — City Manager Kratz, Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Absent — Councilman Yount. Mayor Maclay read the call and stated that this meeting is called for the purpose of taking up for con- sideration and final passage of Or- dinance No. 197 relating to Dock Bonds in the sum of $65,000', and act- ing on any other business that may come before the meeting. Notice and Call for Meeting To Councilman: You are hereby notified and there is hereby called a special meeting of the City Council of the City of Du- buque, Iowa, to be held in the Coun- cil Chamber in the City Hall at 5 o'clock P. M. May 14th, 1928, for the purpose of taking up for final con. sideration and passage of Ordinance No. 197, relating to the issuance of Dock Bonds in the sum of $65,000, providing for the payment of same and declaring an emergency, and acting on any other business that may properly come before a regu- lar meeting of the Council. Dated at Dubuque, Iowa, this 12th day of May, 1928. Signed by: JOHN H. MACLAY, ED. McEVOY, Councilmen. Petition of the City Planning and Zoning Committee of the Chamber of Commerce. Stating that the Chamber of Commerce has gone on record as favoring the appointment of a City Planning and Zoning Com- mission for Dubuque and request the City Council to authorize the ap- pointment such commission as is provided for in Chapter 324 of the Code of 1927. There are at present some 409 cities and towns in the United States which have a planning commission. Cities which have ad- opted the plan have found it to be universally satisfactory Ames, Ce- dar Rapids, Davenport and Des Moines are cities in the State that have adopted this system. They trust that the Council will see fit to appoint a Planning and Zoning Commission. Signed by J. W. Wolfe . chairman committee. Councilman McEvoy moved that the rules be suspended to allow any one who wished to do so, to address the Council. Seconded by Council- Session, May 14th, 1928 man Meuser. Carried by the fol- lowing vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent — Councilman Yount. Mr. Wolfe, et al, addressed the Council relative to the petition. Councilman Schuckert moved that the petition be referred to the Coun- cil for investigation and considera- tion. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent — Councilman Yount. Peter Schiltz, et al, addressed the Council relative to the condition of the property in the neighborhood of Bee Branch sewer near the C. M. & St. P. Shops after heavy rains, stating that the sewer should be cleaned, to prevent the flooding of property in this location. Councilman Meuser moved that the matter be refered to the City Manager. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent — Councilman Yount. A Resolution Resolved that May 20th to 26th be set aside for Safety Week in the City of Dubuque. That during Safety Week all cars in the City of Dubuque be tested for brakes, horns and lights. That there be at least two Safely Weeks a year ,time to be set by the Manager. That this be carried on with an official representative of the police al. each testing station. That all testing be free and un- prejudiced. That a windshield sticker be given each car passing test. That a card be given, with instruc- tions to report back in one week to police to the motorist whose car does not pass the test. Dubuque, May 14th, 1928. Signed by: JOHN H. MACLAY, Mayor. EDWARD McEVOY, H. F. SCHUCKERT, WM. H. MEUSER, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Meuser moved the adoption of the resolution. Second- ed by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert. Absent— Councilman Yount. Petition of St. Anthony's Church parish, asking permission to dig up in Rosedale Avenue for the purpose of increasing the water service to the new school which is being built. Signed by John L. Duffy, its attor- ney. Councilman Meuser moved that the prayer of the petition be grant- ed. Seconded by Councilman Schuck- ert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent — Councilman Yount. Petition of the Voelker Reality Co. for permission to install a san- itary sewer from 3108 Jackson Street to 32nd Street in the alley east of Jackson Street, at their own expense, others wanting to connect with sewer to pay prorata. Councilman Meuser moved that the petition be referred to the City Manager and Engineer. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent — Councilman Yount. Grant and Easement Know all men by these presents: That in consideration of the sum of $1.00 in hand paid by the City of Dubuque, Iowa, a municipal cor- poration the receipt whereof is here- by acknowledged the undersigned being the owner of lot 1 of Mineral lot 35 in the City of Dubuque here- by grants and conveys to said City of Dubuque a perpetual right of ease- ment in, over and across said lot 1 of Mineral lot 35 for the purpose of installing and maintaining there- in a storm sewer with the right to go upon said premises at all reason- able times for the purpose of in- specting and repairing the same installed, provided however, that said City of Dubuque shall replace whatever earth, sod or shrubbery that may be disturbed in the install- ation or repair of said sewer to as good condition as it was in before the same was disturbed. This grant and easement shall be binding upon the undersigned, his heirs, execu- ters, administrators, purchasers and assigns forever. Dated at Dubuque this 14th day of May, 1928. EUGENE A. RYLE. State of Iowa Dubuque County J ss. Be it remembered that on this 14th day of May, 1928, personally appeared before me a Notary Public in and for Dubuque County, Iowa, Eugene A. Ryle, who is personally Special Session, May 14th, 1928 87 known to me, and acknowledged that he executed the foregoing in- strument as his voluntary act and deed. A. E. SIGMAN, Notary Public in and for Dubuque County, Iowa. Councilman Meuser moved that the Easement and Agreement be re- ceived and properly recorded. Sec- onded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent — Councilman Yount. Petition of property owners abut- ting on and adjacent to Custer Street from Atlantic Street to the alley east asking that said street be improved, also to cause the alley east of Atlantic Street, between West 14th and Custer Streets im- proved. Signed by A. M. Wallace, Wm. V. Tae Sel, N. J. Kies and C. K. Hollingsworth. Councilman Meuser moved that the petition be referred to the City Manager. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent— Councilman Yount. Petition of property owners abut- ting and adjacent to Custer Street asking that the alley east of Atlantic Street be improved from Atlantic Street to Custer Street. Signed by Herbert Smith, E. A. Wiser, John W. Schwind, Albert A. Siegwarth. Petition a duplicate of the foregoing petition, received and filed. Contractors bond of the Voelker Reality Co., presented for approval Being properly executed, Council- man Meuser moved that the bond be received and filed. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent — Councilman Yount. Report of the City Auditor and City Treasurer, for the month of April, 1928, presented for approval. Councilman Meuser moved that the reports be approved and placed on file. Seconded by Councilman Schuckert. Carried by the follow- ing vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent— Councilman Yount. Petition of Harvey Lillie, asking permission to install a gasoline fill- ing pump at 555 East 17th Street. Councilman McEvoy moved that l !Y 88 Special Session, May 14th, 1928 the petition be referred to the City Manager. Seconded by Councilman Schuckert. Carried by the follow- ing vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent— Councilman Yount. An Ordinance being Ordinance No. 197 having passed upon first and second reading, May 7th, 1928, pre- sented for final reading and passage. ORDINANCE NO. 197. An ORDINANCE authorizing the is- suance of $65,000 Dock Bonds, pro- viding for the payment of same and declaring and emergency. WHEREAS, this City Council of the City of Dubuque, in the County of Dubuque, State of Iowa, has here- tofore been petitioned by the Dock Board of said City to issue the bonds of said City in the principal amount of $65,000, for the purpose of constructing works and improve- ments for the harbor and water front in said City and the purchase of property for said purpose; and WHEREAS, the issuing of said bonds will not cause said City to be- come indebted in excess of the lim- it imposed by Section 3 of Article 11 of the Constitution of Iowa, and it is now advisable to make provi- sion for the issuance of said bonds: OW, THEREFORE, Be Is Or- , dained by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That bonds, of said City in the amount of Sixty -five Thousand Dollars ($65,000) be issued pursuant to the provisions of Paragraph 11 of Section 5902 of the Code of Iowa, 1927, as amended; that each of said bonds be designated as a "Dock Bond," be sixty -five (65) in number. numbered from 1 to 65 inclusive, be of the denomination of $1,000 each, bear date of May 1, 1928, and bear interest at the rate of four and one - half per centum (4 %) per annum from the date of said bonds until payment thereof, payable Nov. 1, 1928, and semi - annually thereafter on the first days of May and Novem- ber in each year; that said bonds be signed by the Mayor and attested by the City Clerk, and the seal of said City be attached, and be registered by the City Treasurer, and a certifi- cate of registration endorsed there- on; that interest on said bonds be evidenced by coupons thereto at- tached and maturing on the several days when such interest matures, such coupons to be executed with the facsimile signatures of said Mayor and City Clerk, and said of- ficials, by the execution of said bonds, shall adopt as and for their \own proper signatures their respec- tive facsimile signatures appearing on each of said coupon§, and that both principal and interest be paya- ble at the office of the City Treas- urer in the City of Dubuque, State of Iowa; said bonds shall become due and payable in numerical order $5,000 on November 1 of each of the years 1935 to 1947 inclusive. Said City shall reserve the right and option of calling and retiring any or all of said bonds before ma- turity, in numerical order. on May 1, 1929, or on any interest payment date thereafter pursuant to notice as hereinafter provided. Section 2. The bonds hereby au- thorized shall be in form substantial- ly as follows: (Form of Bond) UNITED STATES OF AMERICA STATE OF IOWA COUNTY OF DUBUQUE CITY OF DUBUQUE DOCK BOND No. — $1,000 KNOW ALL MEN BY THESE PRESENTS: That the City of Du- buque, in the County of Dubuque, State of Iowa, for ,value received, promises to pay to bearer One Thousand Dollars ($1,000) lawful money of the United States of Amer- ica on the First day of November, 19 —, or, at the option of said City, before said last named date, on May 1, 1929, or on any interest payment date thereafter, with interest on said sum from the date hereof until paid, or called for payment at the rate of Four and One -half Per Cent (4 %) per annum, payable semi - annually on the First days of May and Novem- ber in each year upon presentation and surrender of the interest cou- pons hereto attached, both principal and interest payable at the office of the City Treasurer in the City of Du- buque, Iowa. This bond is one of a series of bonds issued by the City of Dubuque pursuant to and in strict compliance with the provisions of Chapter 303 of the Code of Iowa, 1927, and all laws amendatory thereof and supplemen- tary thereto, and in conformity with an ordinance of the Council of said City duly passed on the 14th day of May, 1928, and approved, recorded and published, for the purpose of con- structing works and improvements for the harbor and water front in said City and the purchase of prop- erty for said purpose. And it is hereby certified and re- cited that all acts, conditions and things required by the laws and Con- stitution of the State of Iowa to exist, to be had, to be done, or to be per- formed precedent to and in the issue of this bond, were and have been property existent, had, done and per- formed in regular and due form and time; that the faith, credit, revenues and resources and all the real and personal property of said City are irrevocably pledged for the regular' and due levy, collection and proper application of a tax on all the tax- able property within said City for the payment of the principal and inter- est of said series of bonds; and that the total indebtedness of said City, including this bond, does not exceed the constitutional or statutory limi- tations of indebtedness. IN TESTIMONY WHEREOF, said City, by its Council, has caused this bond to be signed by its Mayor and attested by its City Clerk, with the seal of said City affixed and the cou- pons hereto attached to be executed with the facsimile signatures of said Mayor and City Clerk, and said offi- cials, by the execution of this bond, do adopt as and for their own proper signatures their respective facsimile signatures appearing on said cou- pons, all as of the first day of May, 1928. Mayor of the City of Dubuque, Iowa. Attest: Clerk of the City of Dubuque, Iowa. (Form of Coupon.) No. $— On , 19 , the Treas- urer of the City of Dubuque, Dubuque County, Iowa, will pay to bearer Dollars ($ ) at the office of the City Treasurer, Dubuque, Iowa, for interest clue that date on its Dock Bond, dated May 1, 1928, No. Mayor of the City of Dubuque, Iowa. Attest: Clerk of the City of Dubuque, Iowa. On the back of each bond there shall be endorsed a certificate of the City Treasurer in the following form: City Treasurer's Certificate. This bond duly and properly reg- istered in my office as of the first day of May, 1928. Treasurer of the City of Dubuque, Iowa. Section 3. That when said bonds have been executed, as aforesaid, they shall be delivered to the Treas- urer of said City, who shall register the same in a book provided for that purpose and shall thereupon deliver said bonds to the purchasers as may be determined by this Council, upon receipt of 'the purchase price, the same to be not less than the par value of said bonds with accrued in- terest the Section' 4. That in pursuance of Chapter' 363 and Section 1179 7 b2 of the Code of Iowa, 1927, as amended, Special Session, May 14th, 1928 89 there shall be and there iS hereby appropriated and there' shall be an- nually levied in each of the years 1928 to 1946 inclusive, for 'collection in each of the years 1929 to 1947 in- clusive, respectively, a direct annual tax on all of the taxable property in said City sufficient to pay the inter- est on said bonds as the same be- comes due and to accumulate a sink- ing fund to pay the principal of said bonds as the same matures. Said taxes shall be collected each year at the same tine and in the same man- ner and in addition to all other taxes in and for said City, and when collected shall be converted into' a special fund which is hereby pledged for and shall be used only to pay the principal and interest of said bonds, and the full faith, credit, revenues and iesources and all the real and personal property of said City shall be and are hereby irrevocably pledged for the regular and due levy, collection and proper application of said tax. Section 5. That it is hereby found and declared that the funds neces- sary to pay the principal and inter- est of said Dock Bonds are the fol- lowing amounts in the following years respectively: Year to be produced Amount 1929 $4,387.50 1930 2,925.00 1931 2,925.00 1932 2,925.00 1933 2,925.00 1934 2,925.00 1935 7,925.00 1936 7,700.00 1937 7,475.00 1938 7,250.00 1939 7,025.00 1940 6,800.00 1941 6,575.00 1942 6,350.00 1943 6,125.00 1944 5,900.00 1945 5,675.00 1946 5,450.00 1947 5,225.00 That principal or interest coming due during the year 1928 and at any other time when there be insuffi- cient funds on hand to pay the same be paid promptly when due from cur rent funds and reimbursement be made to such funds in the amount of such advancements when the tax- es herein provided shall have been collected. That a certified copy of this ordin- ance be filed with the County Audi- tor of Dubuque County, and that sub- ject' to the amounts on hand in the sinking fund for the payment of said bonds as may be annually certified, said Auditor be and he is hereby in- 90 Special Session, May 14th, 1928 strutted in and for each of the years 1928 to 1946 inclusive to levy and assess the tax so as to produce the amounts as aforesaid for the years 1929 to 1947 inclusive, respectively. Section 6. That after the payment of principal and interest due or the accumulation of funds sufficient to pay principal and interest due or to become due prior to the next tax collection period and beginning with May 1, 1929, as fast as funds allow,' written notice describing the bonds to be called for redemption and stat- ing the time of such redemption shall be given to the last known own- ers thereof not less than thirty days prior to the time such bonds are called for payment and said notice shall be also published not less than thirty days prior to the time such bonds are called for payment at least once in a newspaper of general' circulation throughout the State of Iowa. Section 7. That all ordinances or resolutions or parts thereof in con- flict herewith be and the same are hereby repealed. Section 8. That it is hereby found and declared that an emergency ex- ists and that it is necessary for the immediate preservation of the pub- lic peace, health and safety that this ordinance become effective upon its passage, approval and publication, and it is so ordered. Passed upon 1st and 2nd reading May 7th, 1928. Passed and approved May 14th, 1928. (Signed) : John H. Maclay, Mayor; Ed. McEvoy, Henry F. Schuckert, W. H. Meuser, Councilmen. Attest: John Stuber, City Clerk. Recorded May 15th, 1928. Published May 17, 1928. JOHN STUBER, City Clerk. Published officially in the Tele- graph- Herald and Times - Journal newspaper, May 17, 1928. JOHN STUBER, City Clerk. May 16 -1t Councilman Meuser moved the ad- option of the Ordinance. Seconded by Councilman Schuckert. Carried by the following vote: Yeas= -Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent— Councilman Yount. Ordinance No. 198 having passed first and second reading May 7th, 1928, presented for final reading ard sage. ORDINANCE NO. 198. Wk An Ordinance designating and es- tablishing all that territory lying within 200 feet on either side of Grandview Avenue from Delhi Street to the easterly end of said Avenue a Restricted Residence District; pro- viding that no building or structure, except residences, school houses, churches and other similar structures shall hereafter be erected, altered. or repaired or occupied within said district without first securing from the city council of the city of Du- buque, a permit therefor; and pre- scribing a penalty for violation hereof. Be it ordained by the city council of the city of Dubuque: Par. 948 — Section 1. District de- fined: That all of the territory ly- ing contiguous to Grandview Ave- nue on either side thereof for a dis- tance of 200 feet from Delhi Street easterly to the end of said Avenue be and the same is hereby designat- ed and established as a restricted residence' district within the city of Dubuque. Par. 949 — Section 2. Structures permitted therein: That hereafter no bill board, sign board, poster board, building or other structure, except residences, school houses, churches, and other similar struc- tures shall be erected, altered, re- paired or occupied within said dis- rict ithout first securing from the ity tpuncil of the..Oity of Dubuque a permit therefor. Par. 950 — Section 3. Permit: Be- fore any building or structure, other than a residence, school house, church or structure of a similar na- ture, can be erected, altered, repair- ed or occupied within said district, the owner or lessee of the real es- tate upon which the same is to be erected, altered, repaired, or occu- pied shall file a written application with the (;City { eouncil for a permit therefor and accompany such appli- cation with a plan drawn to scale showing the character and dimen- sions of the same; the location and description of the lot; the kind of buildings or structures located with- in 150 feet in all directions there- from; the purpose for which the building or structure is to be used; the materials out of which the same is to be built and the cost of same when completed; and shall furnish said iuncil any other additional facts or informatio which it may request.. When the puncil has been furnished with all of the necessary information upon which to act, it shall either grant or refuse a permit within 90 days from the time the application has been filed and, in doing so, it shall take into consid- eration whether or not the building or structure to be erected, altered, repaired, or occupied constitutes a fire hazard to adjacent property; whether or not the same is a men- ace to health or safety of the occu- pants of property within the district; whether or not the same is or will become unsightly or an obstruction to the view in the use of the street; and every other fact or circum- stances which will tend to add to or detract from the general appearance or condition of the district. I the event a permit be granted the un- til may prescribe the distance rom the street that such structure may be erected and provide for any other reasonable rules or regulations as a condition precedent to the creation, alteration, repairing or ccupying of such structure as said &ouncil may, by resolution or ordinance, deem necessary or advisable to impose. Par. 951— Section 4. Penalty: Any building or structure erected, altered, repaired or used in violation of any of the provisions ��,ereof, or in violation of the requests contain- ed within any permit granted, or without a permit being granted, shall be deemed a nuisance and such nuisance shall be abated either by a fine imposed upon the person or per- sons responsible for the nuisance of not to exceed $100.00 or imprison- ment not to exceed 30 days in jail or by an action in the District Court of Dubuque County, Iowa, to abate said nuisance, or by both such fine and imprisonment and such action in said Court. Par. 952 — Section 5. Certification: Immediately upon the passage of this ordinance the City Clerk shall certify the same together with a plat of the district to the County Re- corder of Dubuque County, Iowa, to be by him recorded, as provided by law. Section 6. Publication: This or- dinance shall be in force and effect ten (10) days from and after its assage and adoption by the Oily Wouncil of the fqity of Dubuque and publication as provided by law. Passed upon first and second read- ing this 7th day of May, 1928. Passed, adopted and approved upon final reading this 14th day of lV ay, 1928. (Signed) JOHN H. MACLAY, Mayor. ED. M'EVOY, HENRY F. SCHUCKERT, W. H. MEUSER, Councilmen. Attest: JOHN Published officially graph - Herald and newspaper May 17th, JOHN 5-17-1t. Special Session, May 14th, STUBER, City Clerk. in the Tele- Times- Journal 1928. STUBER, City Clerk. 1928 91 Councilman Mouser moved the ad- option of the Ordinance. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent — Councilman Yount. Petition of property owners in the Pierce, Angella and West 17th Streets, asking that Pierce Street from West 17th to West Locust Streets be improved. Signed by Sam Pelly, John Donovan, C. E. Howell, et al, (22) signers. Councilman Meuser moved that the petition be referred to the City Manager. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent — Councilman Yount. Report of City Solicitor on law providing for permanent registration of voters enacted by the 42nd Gen- eral Assembly of Iowa. This law is mandatory in all cities of the States of 125,000 or more and optional with other cities. If Du- buque were to adopt the provisions of the law it will be necesssary to pass an Ordinance covering the sub- ject and this should be done before July 1st, 1928. Councilman Meuser moved that this be referred to the Council for consideration. Seconded by Council- man Schuckert. Carried by the fol- lowing vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent — Councilman Yount. There being no further business, Councilman Meuser moved that the Council adjourn and go into session as the Board of Health . Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent — Councilman Yount. Approved 1928. Adopted 1928: Councilmen / Attest: City Clerk. 92 Special BOARD OF HEALTH (Official) Special Session, May 14th, 1928. Board met at '6 o'clock P. M. Present —Mayor Maclay in the Chair, Councilmen McEvoy, Meuser and Schuckert. Absent — Councilman Yount. The following resolutions were presented and adopted: SPECIAL ORDER AND NOTICE FROM BOARD OF HEALTH To Mrs. Mary Cahill, 1084 Cleveland Avenue, Owen Reynolds Estate. You are hereby notified that on the 14th day of May, 1928, the local Board of Health for the City of Di- buque adopted a resolution ordering you to abandon and remove the out- side water closet, ,privy or privy vault located upon the premises de- scribed therein and to clean the same; also to connect said premises with the sanitary sewer and install sanitary toilet and toilet facilities and connect the same with said sew- er, all of which to be done within Thirty (30) days from the date of said resolution, a copy of which is herein set out and is as follows: Resolution of the Board of Health Be it resolved by the Board of Health of the City of Dubuque, Iowa, that it is deemed neecssary that Lot Number 89, Union Addition, owned by Mrs. Mary Cahill, Owen Reynolds state, 1084 Cleveland Avenue, be connected with sanitary sewer; that the outside water closet, privy or privy vault upon said premises be abandoned and removed and said vault cleaned and that a sanitary toilet and toilet facilities be in- stalled and connections made with the sanitary sewer. Be it further resolved that said Mrs. Mary Cahill be notified to re- move and abandon the outside water closet, privy or privy vault located upon the premises above described and to clean said vault; that said property be connected with the san- itary sewer and that sanitary toilet and toilet facilities be installed and connections made with said sewer, all of which to be done within Thir- ty (30) days from the date hereof. Be it further resolved that said Mrs. Mary Cahill be notified of the action of this Board by the service of a written notice together with a copy of this resolution. Failure to comply with the terms hereof within the time stated shall be followed by prosecution or such other action as the Council or Board of Health may determine. Session, May 14th, 1928 Dated this 14th day of May, 1928. JOHN H. MACLAY, Mayor. Attest: JOHN STUBER, Clerk. You are further notified that pro- secution will follow a failure to com- ply with this order and notice, or such further action will be taken as to the Council or Board of Health may seem proper. Signed: W. J. CONNELL, Health Officer. Councilman Meuser moved the ad- option of the resolution. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent — Councilman Yount. SPECIAL ORDER AND NOTICE FROM BOARD OF HEALTH To Mat Ackels Estate, 1645 Atlantic Street: You are hereby notified that on the 14th day of May, 1928, the local Board of Health for the City of Du- buque adopted a resolution ordering you to abandon and remove the out- side water closet, privy or privy vault located upon the premises de- scribed therein and to clean the same; also to connect said premises with the sanitary sewer and install sanitary toilet and toilet facilities and connect the same with said sew- er, all of which to be done within Thirty (30) days from the date of said resolution, a copy of which is herein set out and is as follows: Resolution of the Board of Health Be it resolved by the Board of Health of the City of Dubuque, Iowa, that it is deemed necessary that Lot Number 140, Woodlawn Park, owned by Mat Ackels, 1656 Atlantic Street be connected with sanitary sewer; that the outside water closet, privy or privy vault upon said premises be abandoned and removed and said vault cleaned and that a sanitary toilet and toilet facilities be installed and connections made with the san- itary sewer. Be it further resolved that said Mat Ackels Estate be notified to re- move and abandon the outside wat- er closet, privy or privy vault lo- cated upon the premises above de- scribed and to clean said vault; that said property be connected with the sanitary sewer and that sanitary toilet and toilet facilities be in- stalled and connections made with said sewer, all of which to be done within thirty (30) days from the date thereof. Be it further resolved that said Mat Ackels Estate be notified of the Special Session, action of this Board by the service of a written notice together with a copy of this resolution. Failure to comply with the terms hereof within the time stated shall be fol- lowed by prosecution or such other action as the Council or Board of Health may determine. Dated this 14th day of May, 1928. JOHN H. MACLAY, Mayor. Attest: JOHN STUBER, Clerk. You are further notified that pro- secution will follow a failure to com- ply with this order and notice, or such further action will be taken as to the Council or Board of Health may seem proper. Signed: W. J. CONNELL, Health Officer. Councilman Meuser moved the ad- option of the resolution. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent — Councilman Yount. SPECIAL ORDER AND NOTICE FROM BOARD OF HEALTH To George Acker, 348 College St. (9th and Iowa St.) : You are hereby notified that on the 14th day of May, 1928, the local Board of Health for the City of Du- buque adopted a resolution ordering you to abandon and remove the out- side water closet, privy or privy vault located upon the premises de- scribed therein and to clean the same; also to connect said premises with the sanitary sewer and install sanitary toilet and toilet facilities and connect the same with said sew- er, all of which to be done within Thirty (30) days from the date of said resolution, a copy of which is herein set out and is as follows: • Resolution of the Board of Health Be it resolved by the Board of Health of the City of Dubuque, Iowa, that it is deemed necessary that Lot Number 2 of 2 of 2 of 2 of 1 of 7 of Mineral Lot 159, Lot 2, owned by George Acker, 348 College Sreet, be connected with sanitary sewer; that the outside water closet, privy or privy vault upon said premises be abandoned and removed and said vault cleaned and that a sanitary toilet and toilet facilities be in- stalled and connections made with the sanitary sewer. Be it further resolved that said George Acker be notified to remove and abandon the outside water clos- et, privy or privy vault located up- on the premises above described and to clean said vault; that said pro- May 14th, 1928 93 perty be connected with the sani- tary sewer and that sanitary toilet and toilet facilities be installed and connections made with said sewer, all of which to be done within Thir- ty (30) days from the date hereof. Be it further resolved that said George Acker be notified of the ac- tion of this Board by the service of a written notice together with a copy of this resolution. Failure to comply with the terms hereof with- in the time stated shall be followed by prosecution or such other action as the Council or Board of Healtn may determine. Dated this 14th day of May, 1928. JOHN H. MACLAY, Mayor. Attest: JOHN STUBER, Clerk. You are further notified, that pro- secution will follow a failure to com- ply with this order and notice, or such further action will be taken as to the Council or Board of Health may seem proper. Signed: W. J. CONNELL, Health Officer. Councilman Meuser moved the ad- option of the resolution. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent — Councilman Yount. SPECIAL ORDER AND NOTICE FROM BOARD OF HEALTH To Josephine Schacherer, 3029 Cen- tral Avenue, (Joe Schacherer Es- tate): You are hereby notified that on the 14th day of May, 1928, the local Board of Health for the City of Du- buque adopted a resolution ordering you to abandon and remove the out- side water closet, privy or privy vault located upon the premises de- scribed therein and to clean the same; also to connect said premises with the sanitary sewer and install sanitary toilet and toilet facilities and connect the same with said sew- er, all of which to be done within Thirty (30) days from the date of said resolution, a copy of which is herein set out and is as follows: Resolution of the Board of Health Be it resolved by the Board of Health of the City of Dubuque, Iowa, that it is deemed necessary that Lot Number 14, Sub. G. R. West Dubuque, owned by Josephine Schacherer, Joe Schacherer Estate, be connected with sanitary sewer; that the outside water closet, privy or privy vault upon said premises be abandoned and removed and said vault cleaned and that a sanitary 94 Special Session, May 14th, 1928 toilet and toilet facilities be installed and connections made with the san- itary sewer. Be it further resolved that said Josephine Schacherer be notified to remove and abandon the outside water closet, privy or privy vault lo- cated upon the premises above de- scribed and to clean said vault; that said property be connected with the sanitary sewer and that sanitary toilet and toilet facilities be in- stalled and connections made with said sewer, all of which to be done within Thirty (30) days from the date hereof. Be it further resolved that said Jo- sephine Schacherer be notified of the action of this Board by the service of a written notice together with a copy of this resolution. Failure to comply with the terms hereof with- in the time stated shall be followed by prosecution or such other action as the Council or Board of Health may determine. Dated this 14th day of May, 1928. JOHN H. MACLAY, Mayor. Attest: JOHN STUBER, Clerk. You are further notified that pro- secution will follow a failure to com- ply with this order and notice, or such further action will be taken as to the Council or Board of Health may seem proper. Signed: W. J. CONNELL, Health Officer. Councilman Meuser moved the ad- option of the resolution. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent — Councilman Yount. SPECIAL ORDER AND NOTICE FROM BOARD OF HEALTH To Mrs. Lena Miller (Wm. Tuegel Estate), 2726 Central Avenue: You are hereby notified that on the 14th day of May, 1928, the local Board of Health for the City of Du- buque adopted a resolution ordering you to abandon and remove the out- side water closet, privy or privy vault located upon the premises de- scribed therein and to clean the same; also to connect said premises with the sanitary sewer and install sanitary toilet and toilet facilities and connect the same with said sew- er, all of which to be done within Thirty (30) days from the date of said resolution, a copy of which is herein set out and is as follows: Resolution of the Board of Health Be it resolved by the Board of Health of the City of Dubuque, Iowa, that it is deemed necessary that Lot Number West 170 feet of Lot 279 Davis Farm Addition, owned by Mrs. Leona Miller, Wm. Tuegel Estate, 2726 Central Avenue, be connected with sanitary sewer; that the out- side water closet, privy or privy vault upon said premises be aban- doned and removed and said vault cleaned and that a sanitary toilet and toilet facilities be installed and connections made with the sanitary sewer. Be it further resolved that said Mrs. Lena Miller be notified to re- move and abandon the outside water closet, privy or privy vault located upon the premises above described and to clean said vault; that said property be connected with the sani- tary sewer and that sanitary toilet and toilet facilities be installed and connections made with said sewer, all of which to be done within Thir- ty (30) days from the date hereof. Be it further resolved that said Mrs. Lena Miller be notified of the action of this Board by the service of a written notice together with a copy of this resolution. Failure to comply with the terms hereof with- in the time stated shall be followed by prosecution or such other action as the Council or Board of Health may determine. Dated this 14th day of May, 1928. JOHN H. MACLAY, Mayor. Attest: JOHN STUBER, Clerk. You are further notified that pro- secution will follow a failure to com- ply with this order and notice, or such further action will be taken as to the Council or Board of Health may seem proper. Signed: W. J. CONNELL, Health Officer. Councilman Meuser moved the ad- option of the resolution. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent — Councilman Yount. SPECIAL ORDER AND NOTICE FROM BOARD OF HEALTH To Hazel Kellard (2636 Queen St.), 2628 Queen Street: You are hereby notified that on the 14th day of May, 1928, the local Board of Health for the City of Du- buque adopted a resolution ordering you to abandon and remove the out- side water closet, privy or privy vault located upon the premises de- scribed therein and to clean the same; also to connect said premises with the sanitary sewer and install sanitary toilet and toilet facilities and connect the same with said sew- er, all of which to be done within Thirty (30) days from the date of said resolution, a copy of which is herein set out and is as follows: Resolution of the Board of Health Be it resolved by the Board of Health of the City of Dubuque, Iowa, that it is deemed necessary that Lot Number Sub. 24 of Mettel Sub. Lot 23, owned by Hazel KeHard, 2636 Queen Street, be connected with san- itary sewer; that the outside water closet, privy or privy vault upon said premises be abandoned and re- moved and said vault cleaned and that a sanitary toilet and toilet facil- ities be installed and connections made with the sanitary sewer. Be it further resolved that said Hazel Kellard be notified to remove and abandon the outside water clos- et, privy or privy vault located upon the premises above described and to clean said vault; that said property be connected with the sanitary sew- er and that sanitary toilet and toilet facilities be installed and connec- tions made with said sewer, all of which to be done within Thirty (30) days from the date hereof. Be it further resolved that said Hazel Kellard be notified of the ac- tion of this Board by the service of a written notice together with a copy of this resolution . Failure to comply with the terms hereof with- in the time stated shall be followed by prosecution or such other action as the Council or Board of Health may determine. Dated this 14th day of May, 1928. JOHN H. MACLAY, Mayor. Attest: JOHN STUBER, Clerk. You are further notified that pro- secution will follow a failure to com- ply with this order and notice, or such further action will be taken as to the Council or Board of Health may seem proper. Signed: W. J. CONNELL, Health Officer. Councilman Meuser moved the ad- option of the resolution. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent - Councilman Yount. SPECIAL ORDER AND NOTICE FROM BOARD OF HEALTH To Mrs. Josephine Gantert (1790 Randal Place), 2632 Queen Street: You are hereby notified that on Special Session, May 14th, 1928 95 the 14th day of May, 1928, the local Board of Health for the City of Du- buque adopted a resolution ordering you to abandon and remove the out- side water closet, privy or privy vault located upon the premises de- scribed therein and to clean the same; also to connect said premises with the sanitary sewer and install sanitary toilet and toilet facilities and connect the same with said sew- er, all of which to be done within Thirty (30) days from the date of said resolution ,a copy of which is herein set out and is as follows: Resolution of the Board of Health Be it resolved by the Board of Health of the City of Dubuque, Iowa, that it is deemed necessary that Lot Number Sub. 24 of Mettel Sub Lot 4 owned by Mrs. Josephine Gantert, 2632 Queen Street, be connected with sanitary sewer; that the outside wa- ter closet, privy or privy vault upon said premises be abandoned and re- moved and said vault cleaned and that a sanitary toilet and toilet facil- ities be installed and connections made with the sanitary sewer. Be it further resolved that said Mrs. Josephine Gantert be notified to remove and abandon the outside water closet, privy or privy vault lo- . cated upon the premises above de- scribed and to clean said vault; that said property be connected with the sanitary sewer and that sanitary toilet and toilet facilities be installed and connections made with said sew- er, all of which to be done within Thirty (30) days from the date here- of. Be it further resolved that said Mrs. Josephine Gantert be notified of the action of this Board by the service of a written notice together with a copy of this resolution. Fail- ure to comply with the terms here- of within the time stated shall be followed by prosecution or such oth• er action as the Council or Board of Health may determine. Dated this 14th day of May, 1928. JOHN H. MACLAY, Mayor. Attest: JOHN STUBER, Clerk. You are further notified that pro- secution will follow a failure to com- ply with this order and notice, or such further action will be taken as to the Council or Board of Health may seem proper. Signed: W. J. CONNELL, Health Officer. Councilman Meuser moved the ad- option of the resolution. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilman 96 Special Session, McEvoy, Meuser and Schuckert. Nays —None. Absent— Councilman Yount. SPECIAL ORDER AND NOTICE FROM BOARD OF HEALTH To Charles Mecklenburg, 2622 Queen Street: You are hereby notified that on the 14th day of May, 1928, the local Board of Health for the City of Du- buque adopted a resolution ordering you to abandon and remove the out- side water closet, privy or privy vault located upon the premises de- scribed herein and to clean the same; also to connect said premises with the sanitary sewer and install sanitary toilet and toilet facilities and connect the same with said sew- er, all of which to be done within Thirty (30) days from the date of said resolution, a copy of which is herein set out and is as follows: Resolution of the Board of Health Be it resolved by the Board of Health of the City of Dubuque, Iowa, that it is deemed necessary that Lot Number 66, Stafford Addition, owned by Charles Mecklenburg, 2622 Queen Street, be connected with sanitary sewer; that the outside water closet, privy or privy vault upon said prem- ises be abandoned and removed and said vault cleaned and that a sanit- ary toilet and toilet facilities be in- stalled and connections made with the sanitary sewer. Be it further resolved that said Charles Mecklenburg be notified to remove and abandon the outside water closet, privy or privy vault located upon the premises above described and to clean said vault; that said property be connected with the sanitary sewer and that sanitary toilet and toilet facilities be installed and connections made with said sewer, all of which to be done within Thirty (30) days from the date hereof. Be it further resolved that said Charles Mecklenburg be notified of the action of this Board by the ser- vice of a written notice together with a copy of this resolution. Fail- ure to comply with the terms here- of within the time stated shall br followed by prosecution or such oth- er action as the Council or Board of Health may determine. Dated this 14th day of May, 1928. JOHN H. MACLAY, Mayor. Attest: JOHN STUBER, City Clerk. You are further notified that pro- secution will follow a failure to corn- ply with this order and notice, or such further action will be taken as May 14th, 1928 to the Council or Board of Health may seem proper. Signed: W. J. CONNELL, Health Officer. Councilman Meuser moved the ad- option of the resolution. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent -- Councilman Yount. SPECIAL ORDER AND NOTICE FROM BOARD OF HEALTH To Edwin Grimme, 2618 Queen St.: You are hereby notified that on the 14th day of May, 1928, the local Board of Health for the City of Du- buque adopted a resolution ordering you to abandon and remove the out- side water closet, privy or privy vault located upon the premises de- scribed herein and to clean the same; also to connect said premises with the sanitary sewer and install sanitary toilet and toilet facilities and connect the same with said sew- er, all of which to be done within Thirty (30) days from the date of said resolution, a copy of which it herein set out and is as follows: Resolution of the Board of Health Be it resolved by the Board of Health of the City of Dubuque, Iowa, that it is deemed necessary that Lot Number 65, Stafford Addition, owned by Edwin Grimme, 2618 Queen St., be connected with sanitary sewer; that the outside water closet, privy or privy vault upon said premises be abandoned and removed and said vault cleaned and that a sanitary toilet and toilet facilities be installed and connections made with the san- itary sewer. Be it further resolved that said Edwin Grimme be notified to remove and abandon the outside water clos- et, privy or privy. vault located up- on the premises above described and to clean said vault; that said pro- perty be connected with the sanitary sewer and that sanitary toilet and toilet facilities be installed and con- nections made with said sewer, all of which to be done within Thirty (30) days from the date hereof. Be it further resolved that said Edwin Grimme be notified of the ac- tion of this Board by the service of a written notice together with a copy of this resolution. Failure to comply with the terms hereof with- in the time stated shall be followed by prosecution or such other action as the Council or Board of Health may determine. Dated this 14th day of May, 1928. JOHN H. MACLAY, Mayor. Special Session, Attest: JOHN STUBER, City Clerk. You are further notified that pro- secution will follow a failure to com- ply with this order and notice, or such further action will be taken as to the Council or Board of Health may seem proper. Signed: W. J. CONNELL, Health Officer. Councilman Meuser moved the ad- option of the resolution. Seconded by Councilman Schuckert. Carrie( by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent — Councilman Yount. SPECIAL ORDER AND NOTICE FROM BOARD OF HEALTH L —, To Mrs. Johanna Firzlaff, 2614 Queen Street: You are hereby notified that on the 14th day of May, 1928, the local Board of Health for the City of Du- buque adopted a resolution ordering you to abandon and remove the out- side water closet, privy or privy vault located upon the premises de- scribed herein and to clean the same; also to connect said premises with the sanitary sewer and install sanitary toilet and toilet facilities and connect the same with said sew- er, all of which to be done within Thirty (30) days from the date of said resolution., a copy of which is herein set out and is as follows: Resolution of the Board of Health Be it resolved by the Board of Health of the City of Dubuque, Iowa, that it is deemed necessary that Lot Number 64, Stafford Addition, owned by Mrs. Johanna Firzlaff, 2614 Queen Street, be connected with sanitary sewer; that the outside water closet, privy or privy vault upon said prem- ises be abandoned and removed and said vault cleaned and that a san- itary toilet and toilet facilities be in- stalled and connections made with the sanitary sewer. Be it further resolved that said Mrs. Johanna Firzlaff be notified to remove and abandon the outside water closet, privy or privy vault lo- cated upon the premises above de- scribed and to clean said vault; that said property be connected with the sanitary sewer and that sanitary toilet and toilet facilities be installed and connections made with said sewer, all of which to be done within Thirty (30) days from the date here- of. Be it further resolved that sai0 Mrs. Johanna Firzlaff be notified of the action of this Board by the ser- vice of a written notice together with a copy of this resolution. Fail- May 14th, . 1928 97 ure to comply with the terms here- of within the time stated shall be followed by prosecution or such oth- er action as the Council or Board of Health may determine. Dated this 14th day of May, 1928. JOHN H. MACLAY, Mayor. Attest: JOHN STUBER, City Clerk. You are further notified that pro- secution will follow a failure to com- ply with this order and notice, or such further action will be taken as to the Council or Board of Health may seem proper. Signed: W. J. CONNELL; Health Officer. Councilman Meuser moved the ad- option of the resolution. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent — Councilman Yount. SPECIAL ORDER AND NOTICE FROM BOARD OF HEALTH To Mrs. Rose Wilke, 2608 Queen Street: You are hereby notified that on the 14th day of May, 1928, the local Board of Health for the City of Du- buque adopted a resolution ordering you to abandon and remove the out- side water closet, privy or privy vault located upon the premises de- scribed herein and to clean the same; also to connect said premises with the sanitary sewer and install sanitary toilet and toilet facilities and connect the same with said sew- er, all of which to be done within Thirty (30) days from the date of said resolution, a copy of which is herein set out and is as follows: Resolution of the Board of Health Be it resolved by the Board of Health of the City of Dubuque, Iowa, that it is deemed necessary that Lot Number South 1/2 of 63, Stafford Ad- dition, owned by Mrs. Rose Wilke, 2608 Queen Street, be connected with sanitary sewer; that the out- side water closet, privy or privy vault upon said premises be aban- doned and rernoved and said vault cleaned and that a sanitary toilet and toilet facilities be installed and connections made with the sanitary sewer. Be it further resolved that said Mrs. Rose Wilke be notified to re- move and abandon the outside water closet, privy or privy vault located upon the premises above described and to clean said vault; that said property be connected with the san- itary sewer and that sanitary toilet and toilet facilities be installed and sanitary sewer; that the outside water closet, privy or privy vault upon said premises be abandoned and removed and said vault cleaned and that a sanitary toilet and toilet facilities be installed and connec- tions made with the sanitary sewer. Be it further resolved that said Mrs. Martha Smothers be notified to remove and abandon the outside water closet, privy or privy vault located upon the premises above de- scribed and to clean said vault; that said property be connected with the sanitary sewer and that sanitary toilet and toilet facilities be installed and connections made with said sew- er, all of which to be done within Thirty (30) days from the date here- of. Be it further resolved that said Mrs. Martha Smothers be notified of the action of this Board by the ser- vice of a written notice together with a copy of this resolution. Fail- ure to comply with the terms here- of within the time stated shall be followed by prosecution or such oth- er action as the Council or Board of Health may determine. Dated this 14th day of May, 1928. JOHN H. MACLAY, Mayor. Attest: JOHN STUBER, City Clerk. You are further notified that pro- secution will follow a failure to com- ply with this order and notice, or such further action will be taken as to the Council or Board of Health may seem proper. Signed: W. J. CONNELL, Health Officer. Councilman Meuser moved the ad- option of the resolution. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent— Councilman Yount. SPECIAL ORDER AND NOTICE FROM BOARD OF HEALTH To William Berg, 781 Cottage Place: You are hereby notified that on the 14th day of May, 1928, the local Board of Health for the City of Du- buque adopted a resolution ordering you to abandon and remove the out- side water closet, privy or privy vault located upon the premises de- scribed therein and to clean the same; also to connect said premises with the sanitary sewer and install sanitary toilet and toilet facilities and connect the same with said sewer, all of which to be done within Thirty (30) days from the date of said resolution, a copy of which is herein set out and is as follows: Special Session May 14th, 1928 99 Resolution of the Board of Health Be it resolved by the Board of Health of the City of Dubuque, Iowa, that it is deemed necessary that Lot Number 72, Pleasantview Addition, owned by William Berg, 781 Cottage Street, be connected with sanitary sewer; that the outside water clos- et, privy or privy vault upon said premises be abandoned and removed and said vault cleaned and that a sanitary toilet and toilet facilities be installed and connections made with the sanitary sewer. L - - -$e it further resolved that said William Berg be notified to remove and abandon the outside water clos- et, privy or privy vault located upon the premises above described and to clean said vault; that said property be connected with the sanitary sew- er and that sanitary toilet and toilet facilities be installed and connec- tions made with 'said sewer, all of which to be done within Thirty (30) days from the date hereof. Be it further resolved that said William Berg be notified of the ac- tion of this Board by the service of a written notice together with a copy of this resolutoin. Failure to comply with the terms hereof within the time stated shall be followed by prosecution or such other action as the Council or Board of Health may determine. Dated this 14th day of May, 1928. JOHN H. MACLAY, Mayor. Attest: JOHN STUBER, City Clerk. You are further notified that pro- secution will follow a failure to com- ply with this order and notice, or such further action will be taken as the Council or Board of Health may seem proper. Signed: W. J. CONNELL, Health Officer. Councilman Meuser moved the ad- option of the resolution. Seconded by Councilman Schuckert. Carried by the following vote: Yeas — Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent— Councilman Yount. SPECIAL ORDER AND NOTICE FROM BOARD OF HEALTH To Mrs. Elizabeth Keppler, 384 Col- lege Avenue: You are hereby notified that on the 14th day of May, 1928, the local Board of Health for the City of Du- buque adopted a resolution ordering you to abandon and remove the out- side water closet, privy or privy vault located upon the premises de- scribed therein and to clean the same; also to connect said premises 98 Special Session, May 14th, 1928 connections made with said sewer, all of which to be done within Thir- ty (30) days from the date hereof. Be it further resolved that said Mrs. Rose Wilke be notified of the action of this Board by the service of a written notice together with a copy of this resolution. Failure to comply with the terms hereof within the time stated shall be followed by prosecution or such other action as the Council or Board of Health may determine. Dated this 14th day of May, 1928. JOHN 11. MACLAY, Mayor. Attest: JOHN STUBER, City Clerk. You are further notified that pro- secution will follow a failure to com- ply with this order and notice, or such further action will be taken as to the Council or Board of Health may seem proper. Signed: W. J. CONNELL, Health Officer. Councilman Meuser moved the ad- option of the resolution. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent— Councilman Yount. SPECIAL ORDER AND NOTICE FROM BOARD OF HEALTH To McGinnes Estate, Frank McGin- is, agent, 1092 Cleveland Avenue: You are hereby notified that on the 14th day of May, 1928, the local Board of Health for the City of Du- buque adopted a resolution ordering you to abandon and remove the out- side water closet, privy or privy vault located upon the premises de- scribed herein and to clean the same; also to connect said premises with the sanitary sewer and install sanitary toilet and toilet facilities and connect the same with said sew- er, all of which to be done within Thirty (30) days from the date of said resolution, a copy of which is herein set out and is as follows: Resolution of the Board of Health Be it resolved by the Board of Health of the City of Dubuque, Iowa, that it is deemed necessary that Lot Number 88, Union Addition, owned by Frank McGinnis, agent, 1092 Cleveland Avenue, be connected with sanitary sewer; that the outside water closet, privy or privy vault upon said premises be abandoned and removed and said vault cleaned and that a sanitary toilet and toilet facilities be installed and connec- tions made with the sanitary sewer. Be it further resolved that said Frank McGinnis, agent, be notified to remove and abandon the outside water closet, privy or privy vault located upon the premises above de- scribed and to clean said vault; that said property be connected with the sanitary sewer and that sanitary toilet and toilet facilities be in- stalled and connections made with said sewer, all of which to be done within Thirty (30) days from the date hereof. Be it further resolved that said Frank McGinnis, agent, be notified of the action of this Board by the service of a written notice together with a copy of this resolution. Fail- ure to comply with the terms here- of within the time stated shall be followed by prosecution or such oth- er action as the Council or Board of Health may determine. Dated this 14th day of May, 1928. JOHN H. MACLAY, Mayor. Attest: JOHN STUBER, City Clerk. You are further notified that pro- secution will follow a failure to com- ply with this order and notice, or such further action will be taken as to the Council or Board of Health may seem proper. Signed: W. J. CONNELL, Health Officer. Councilman Meuser moved the ad- option of the resolution. Seconded by Councilman Schuckert. Carri, by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent— Councilman Yount. SPECIAL ORDER AND NOTICE FROM BOARD OF HEALTH To Mrs. Martha Smothers, 815 Cot- tage Street: You are hereby notified that on the 14th day of May, 1928, the local Board of Health for the City of Du- buque adopted a resolution ordering you to abandon and remove the out- side water closet, privy or privy vault located upon the premises de- scribed herein and to clean the same; also to connect said premises with the sanitary sewer and install sanitary toilet and toilet facilities and connect the same with said sew- er, all of which to be done within Thirty (30) days from the date of said resolution, a copy of which is herein set out and is as follows: Resolution of the Board of Health Be it resolved by the Board of Health of the City of Dubuque, Iowa, that it is deemed necessary that Lot Number 56, Pleasantview Addition, owned by Mrs. Martha Smothers, 815 Cottage Street, be connected with 100 Special Session, May 14th, 1928 with the sanitary sewer and install sanitary toilet and toilet facilities and connect the same with said sewer, all of which to be done within Thirty (30) days from the date of said resolution, a copy of which is herein set out and is as follows: • Resolution of the Board of Health Be it resolved by the Board of Health of the City of Dubuque, Iowa, that it is deemed necessary that Lot Number Sub. 2 of 2 of part of 8 of Mineral Lot 159 Lot 2, owned by Mrs. Elizabeth Keppler, 384 College Avenue, be connected with sanitary sewer; that the outside water closet, privy or privy vault upon said prem- ises be abandoned and removed and said vault cleaned and that a san- itary toilet and toilet facilities be in- stalled and connections made with the sanitary sewer. Be it further resolved that said Mrs. Elizabeth Keppler be notified to remove and abandon the outside water closet, privy or privy vault lo- cated upon the premises above de- scribed and to clean said vault; that said property be connected with the sanitary sewer and that sanitary toilet and toilet facilities be in- stalled and connections made with said sewer ,all of which to be done within Thirty (30) days from the date hereof. Be it further resolved that said Mrs. Elizabeth Keppler be notified of the action of this Board by the ser- vice of a written notice together with a copy of this resolution. Fail- ure to comply with the terms here- of within the time stated shall be followed by prosecution or such oth- er action as the Council or Board of Health may determine. Dated this 14th day of May, 1928. JOHN H. MACLAY, Mayor. Attest: JOHN STUBER, City Clerk. You are further notified that pro- secution will follow a failure to com- ply with this order and notice, or such further action will be taken as the Council or Board of Health may seem proper. Signed: W. J. CONNELL, Health Officer. Councilman Meuser moved the ad- option of the resolution. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent — Councilman Yount. SPECIAL ORDER AND NOTICE FROM BOARD OF HEALTH To Frank Sheffert, 1430 Curtis Street: You are hereby notified that on the 14th day of May, 1928, the local Board of Health for the City of Du- buque adopted a resolution ordering you to abandon and remove the out- side water closet, privy or privy vault located upon the premises de- scribed therein and to clean the same; also to connect said premises with the sanitary sewer and install sanitary toilet and toilet facilities and connect the same with said sewer, all of which to be done within Thirty (30) days from the date of said resolution, a copy of which is herein set out and is as follows: Resolution of the Board of Health Be it resolved by the Board of Health of the City of Dubuque, Iowa, that it is deemed necessary that Lot Number West 150 feet of Lot 24 of Mineral Lot 149 ,owned by Frank Sheffert, 1430 Curtis Street, be con- nected with sanitary sewer; that the outside water closet, privy or privy vault upon said premises be abandoned and removed and said vault cleaned and that a sanitary toilet and toilet facilities be installed and connections made with the san- itary sewer. Be it further resolved that said Frank Sheffert be notified to remove and abandon the outside water clos- et, privy or privy vault located up- on the premises above described and to clean said vault; that said pro- perty be connected with the sanitary sewer and that sanitary toilet and toilet facilities be installed and con- nections made with said sewer, all of which to be done within Thirty (30) days from the date hereof. Be it further resolved that said Frank Sheffert be notified of the ac- tion of this Board by the service of a written notice together with • a copy of this resolution. Failure to comply with the terms hereof with- in the time stated shall be followed by prosecution or such other action as the Council or Board of Health may determine. Dated this 14th day of May, 1928. JOHN H. MACLAY, Mayor. Attest: JOHN STUBER, City Clerk. You are further notified that pro- secution will follow a failure to com- ply with this order and notice, or such further action will be taken as the Council or Board of Health may seem proper. Signed: W. J. CONNELL, Health Officer. Councilman Meuser moved the ad- option of the resolution. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent — Councilman Yount. SPECIAL ORDER AND NOTICE FROM BOARD OF HEALTH To Mrs. Anna Majerus, 1373 Dodge Street: You are hereby notified that on the 14th day of May, 1928, the local Board of Health for the City of Du- buque adopted a resolution ordering you to abandon and remove the out- side water closet, privy or privy vault located upon the premises de- scribed therein and to clean the same; also to connect said premises with the sanitary sewer and install sanitary toilet and toilet facilities and connect the same with said sewer, all of which to be clone within Thirty (30) days from the date of said resolution, a copy of which is herein set out and is as follows: Resolution of the Board of Health Be it resolved by the Board of Health of the City of Dubuque, Iowa, that it is deemed necessary that Lot Number 3 and 4 of Reeder Lang - worthy Sub., owned by Mrs. Anna Majerus, 1373 Dodge Street, be con- nected with sanitary sewer; that the outside water closet, privy or privy vault upon said premises be aban- doned and removed and said vault cleaned and that a sanitary toilet and toilet facilities be installed and connections made with the sanitary sewer. Be it further resolved that said Mrs. Anna Majerus be notified to re- move and abandon the outside water closet, privy or privy vault located upon the premises above described and to clean said vault; that said property be connected with the san- itary sewer and that sanitary toilet and toilet facilities be installed and connections made with said sewer, all of which to be done within Thirty (30) days from the date hereof. Be it further resolved that said Mrs. Anna Majerus be notified of the .action of this Board by the service of a written notice together with a copy of this resolution. Failure to comply with the terms hereof with- in the time stated shall be followed by prosecution or such other action as the Council or Board of Health may determine. Dated this 14th day of May, 1928. JOHN H. MACLAY, Mayor. Attest: JOHN STUBER, City Clerk. You are further notified that pro- secution will follow a failure to com- ply with this order and notice, or such further action will be taken as Special Session, May 14th, 1928 1 01 the Council or Board of Health may seem proper. Signed: W. J. CONNELL, Health Officer. Councilman Meuser- moved the ad- option ,cif the resolution. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays-None. Absent — Councilman Yount. SPECIAL ORDER AND NOTICE FROM BOARD OF HEALTH To Wm. A. Smith and Mary Knockel, 1309 Dodge Street. You are hereby notified that on the 14th day of May, 1928, the local Board of Health for the City of Du- buque adopted a resolution ordering you to abandon and remove the out- side water closet, privy or privy vault located upon the premises de- scribed therein and to clean the same; also to cpnnect said premises with the sanitary sewer and install sanitary toilet ad toilet facilities and connect the same with said sewer, all of which to be done within thirty (30) days from the date of said reso- lution, a copy of which is herein set out and is as follows: Resolution of the Board of Health. Be it resolved by the Board of Health of the City of Dubuque, Iowa, that it is deemed necessary that Lot Number 2 of Mineral Lot 68, owned by Mr. A. Smith and Mary Knockel, 1309 Dodge Street, be connected with sanitary sewer; that the out- side water closet, privy or privy vault upon said premises be aban- doned and removed and said vault cleaned and that a sanitary toilet and toilet facilities be installed and connections made with the sanitary sewer. Be it further resolved that said Wm. A. Smith and Mary Knockel be notified to remove and abandon the outside water closet, privy or privy vault located upon the premises above described and to clean said vault; that said property be con- nected with the sanitary sewer and that sanitary toilet and toilet facil- ities be installed and connections made with said sewer, all of which to be done within thirty (30) days from the date hereof. Be it further resolved that said Wm. A. Smith and Mary Knockel be notified of the action of this Board by the service of a written notice together with a copy of this resolu- tion. Failure to comply with the terms hereof within the time stated shall be followed by prosecution or such other action as the Council or Board of Health may determine. 102 Special Session, Dated this 14th day of May, 1928. JOHN H. MACLAY, • Mayor. Attest: JOHN STUBER, City Clerk. You are further notified that prosecution will follow a failure to comply with this order and notice, or such further action will be taken as the Council or Board of Health may seem proper. Signed: W. J. CONNELL, Health Officer. Councilman Meuser moved the adoption of the resolution. Second- ed by Councilman Schuckert. Car- ried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert. Nays —None. Absent — Councilman Yount. SPECIAL ORDER AND NOTICE FROM BOARD OF HEALTH To Mrs. Anna Dehing, 1392 Dodge Street. You are hereby notified that on the 14th day of May, 1928, the Local Board of Health for the City of Du- buque adopted a resolution ordering you to abandon and remove the out- side water closet, privy or privy vault located upon the premises de- scribed therein and to clean the same; also to connect said, premises with the sanitary sewer and install sanitary toilet and toilet facilities and connect the same with said sewer, all of which to be done with- in thirty (30) days from the date of said resolution, a copy of which is herein set out and is as follows: Resolution of the Board of Health. Be it resolved by the Board of Health of the City of Dubuque, Iowa, that it is deemed necessary that Lot Number East 1 / 4 of 6 Part of Mineral Lot 149, West 75 feet of 7 Part of Mineral Lot 149, owned by Mrs. An- na Dehing, 1392 Dodge Street, be connected with sanitary sewer; that the outside water closet, privy or privy vault upon said premises be abandoned and removed and said vault cleaned and that a sanitary toi- let and toilet facilities be installed and connections made with the sani- tary sewer. Be it further resolved that said Mrs. Anna Dehing be notified to re- move and abandon the outside water closet, privy or privy vault located upon the premises above described and to clean said vault; that said property be connected with the sani- tary sewer and that sanitary toilet and toilet facilities be installed and connections made with said sewer, all of which to be done within thirty (30) days from the date hereof. Be it further resolved that said May 14th, 1928 Mrs. Anna Dehing be notified of the action of this Board by the service of a written notice together with a copy of this resolution. Failure to comply with the terms hereof with- in the time state shall be followed by prosecution or such other action as the Council or Board of Health may determine. Dated this 14th day of May, 1928. JOHN H. MACLAY, Mayor. Attest: JOHN STUBER, City Clerk. You are further notified that prosecution will follow a failure to comply with this order and notice, or such further action will be taken as the Council or Board of Health may seem proper. Signed: W. J. CONNELL, Health Officer. Councilman Meuser moved the adoption of the resolution. Second- ed by Councilman Schuckert. Car- ried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert. Nays —None. Absent — Councilman Yount. SPECIAL ORDER AND NOTICE FROM BOARD OF HEALTH To John Walsch, 1020 Dodge Street. You are hereby notified that on the 14th day of May, 1928, the Local Board of Health for the City of Du- buque adopted a resolution ordering you to abandon and remove the out- side water closet, privy or privy vault located upon the premises de- scribed therein and to clean the same; also to connect said premises with the sanitary sewer and install sanitary toilet and toilet facilities and connect the same with said sewer, all of which to be done within thirty (30) days from the date of said reso- lution, a copy of which is herein set out and is as follows: Resolution of the Board of Health. Be it resolved by the Board of Health of the City of Dubuque, Iowa, that it is deemed necessary that Lot Number West 22 feet of 14, Union Addition, owned by John Walsch, 1020 Dodge Street, be connected with sanitary sewer; that the out- side water closet, privy or privy vault upon said premises be aban- doned and removed and said vault cleaned and that a sanitary toilet and toilet facilities be installed and connections made with the sanitary sewer. Be it further resolved that said John Walsch be notified to rem,,\ e and abandon the outside water clo- set, privy or privy vault located up- on the premises above described and to clean said vault; that said prop- Special Session, May erty be connected with the sanitary sewer and that sanitary toilet and toilet facilities be installed and con- nections made with said sewer, all of which to be done within thirty (30) days from the date thereof. Be it further resolved that said John Walsch be notified of the ac- tion of this Board by the service of a written notice together with a copy of this resolution. Failure to comply with the terms hereof within the time stated shall be followed by prosecution or such other action as the Council or Board of Health may determine. Dated this 14th day of May, 1928. JOHN H. MACLAY, Mayor. Attest: JOHN STUBER, City Clerk. You are further notified that prosecution will follow a failure to comply with this order and notice, or such further action will be taken as the Council or Board of Health may seem proper. Signed: W. J. CONNELL, Health Officer. Councilman Meuser moved the adoption of the resolution. Second- ed by Councilman Schuckert. Car- ried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert. Nays —None. Absent — Councilman Yount. SPECIAL ORDER AND NOTICE FROM BOARD OF HEALTH To Frank Byrnes, 351 South Locust Street. You are hereby notified that 011 the 14th day of May, 1928, the Local Board of Health for the City of Du- buque adopted a resolution ordering you to abandon and remove the out- side water closet, privy or privy vault located upon the premises de- scribed therein and to clean the same; also to connect said premises with the sanitary sewer and install sanitary toilet and toilet facilities and connect the same with said sewer, all of which to be done with- in thirty (30) days from the date of said resolution, a copy of which is herein set out and is as follows: Resolution of the Board of Health Be it resolved by the Board of Health of the City of Dubuque, Iowa, that it is deemed necessary that Lot Number South 17 feet of 5, North 8 feet of 6, Levi Addition, owned by Frank Byrnes, 351 South Locust Street, be connected with sanitary sewer; that the outside water closet, privy or privy vault upon said prem- ises be abandoned and removed and said vault cleaned and that a sani- tary toilet and toilet facilities be in- 14th, 1928 103 stalled and connections made with the sanitary sewer. Be it further resolved that said Frank Byrnes be 'notified to remove and abandon the outside water clo- set, privy or privy vault located up- on the premises above described and to clean said vault; that said prop- erty be connected with the sanitary sewer and that sanitary toilet and toilet facilities be installed and con- nections made with said sewer, all of which to be done within thirty (30) days from the date thereof. Be it further resolved that said Frank Byrnes be notified of the ac- tion of this Board by the service of a written notice together with a copy of this resolution. Failure to comply with the terms hereof within the time stated shall be followed by prosecution or such other action as the Council or Board of Health may d etermine. Dated this 14th day of May, 1928. JOHN H. MACLAY, Mayor. Attest: JOHN STUBER, Clerk. You are further notified that prosecution will follow a failure to comply with this order and notice. or such further action will be taken as the Council or Board of Health may seem proper. Signed: W. J. CONNELL, Health Officer. Councilman Meuser moved the adoption of the resolution. Second- ed by Council Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert. Nays —None. Absent— Councilman Yount. SPECIAL ORDER AND NOTICE FROM BOARD OF HEALTH To T. J. Kennedy, 247 South Locust Street. You are hereby notified that on the 14th day of May, 1928, the Local Board of Health for the City of Du- buque adopted a resolution ordering you to abandon and remove the out- side water closet, privy or privy vault located upon the premises de- scribed therein and to clean the same; also to connect said premises with the sanitary sewer and install sanitary toilet and toilet facilities and connect the same with said sewer, all of which to be done with- in thirty (30) days from the date of said resolution, a copy of which is herein set out and is as follows: Resolution of the Board of Health Be it resolved by the Board of Health of the City of Dubuque, Iowa, that it is deemed necessary that Lot Number Stout Dubuque Addition, South 40 feet of 2 and all of Lot 5, 104 Special owned by T. J. Kennedy, 247 South Locust Street, be connected with sanitary sewer; that the outside wa- ter closet, privy or privy vault upon said premises be abandoned and re- moved and said vault cleaned and that a sanitary toilet and toilet fac- ilities be installed and connections made with the sanitary sewer. Be it further resolved that said T. J. Kennedy be notified to remove and abandon the outside water clo- set, privy or privy vault located up- on the premises above described and to clean said vault; that said prop- erty be connected with the sanitary sewer and that sanitary toilet and toilet facilities be installed and con- nections made with said sewer, all of which to be done within thirty (30) days from the date thereof. Be it further resolved that said T. J. Kennedy be notified of the ac- tion. of this Board by the service of a written notice together with a copy of this resolution. Failure to comply with the terms hereof within the time stated shall be followed by prosecution or such other action as the Council or Board of Health may determine. Dated this 14th day of May, 1928. JOHN H. MACLAY, Mayor. Attest:- JOHN STUBER, Clerk. You are further notified that prosecution will follow a failure Lo comply with this order and notice. or such further action will be taken as the Council or Board of Health may seem proper. Signed: W. J. CONNELL, Health Officer. Councilman Meuser moved the adoption of the resolution. Second- ed by Council Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert. Nays —None. Absent — Councilman Yount. SPECIAL ORDER AND NOTICE FROM BOARD OF HEALTH To John Hollenberg, 383 South Lo- cust Street. You are hereby notified that on the 14th day of May, 1928, the Local Board of Health for the City of Du- buque adopted a resolution ordering you to abandon and remove the out- side water closet, privy or privy vault located upon the premises de- scribed therein and to clean the same; also to connect said premises with the sanitary sewer and install sanitary toilet and toilet facilities and connect the same with said sewer, all of which to be done with- in thirty (30) days from the date of Session, May 14th, 1928 said resolution, a copy of which is herein set out and is as follows: Resolution of the Board of Health Be it resolved by the Board of Health of the City of Dubuque, Iowa, that it is deemed necessary that Lot Number 11 and 12 of Levi Addition, owned by John Hollenberg, 383 South Locust Street, be connected with sanitary sewer; that the out- side water closet, privy or privy vault upon said premises be aban- doned and removed and said vault cleaned and that a sanitary toilet and toilet facilities be installed and connections made with the • sanitary service. Be it further resolved that said John Hollenberg be notified to re- move and abandon the outside water closet, privy or privy vault located upon the premises above described and to clean said vault; that said property be connected with the sani- tary sewer and that sanitary toilet and toilet facilities be installed and connections made with said sewer, all of which to be done within thirty (30) days from the date thereof. Be it further resolved that said John Hollenberg be notified of the action of this Board by the service of a written notice together with a copy of this resolution. Failure to comply with the terms hereof with- in the time stated shall be followed by prosecution or such other action as the Council or Board of Health may determine. Dated. this 14th day of May, 1928. JOHN H. MACLAY, Mayor. Attest: JOHN STUBER, Clerk. • You are further notified that prosecution will follow a failure to comply with this order and notice, or such further action will be taken as the Council or Board of Health may seem proper. Signed: W. J. CONNELL, Health Officer. Councilman Meuser moved the adoption of the resolution. Second- ed by Council Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert. Nays —None. Absent — Councilman Yount. SPECIAL ORDER AND NOTICE FROM BOARD OF HEALTH To Bert Scheller, (1490 Iowa St.), 345 South Locust Street: You are hereby notified that on the 14th day of May, 1928, the local Board of Health for the City of Du- buque adopted a resolution ordering you to abandon and remove the out- side water closet, privy or privy vault located upon the premises de- Mayor. Special Session, scribed therein and to clean the same; also to connect said premises with the sanitary sewer and install sanitary toilet and toilet facilities and connect the same with said sew- er, all of which to be done within Thirty (30) days from the date of said resolution, a copy of which is herein set out and is as follows: Resolution of the Board of Health Be it resolved by the Board of Health of the City of Dubuque, Iowa, that it is deemed necessary that Lot Number 2 and 3 of Levi Addition 4 and North 10 feet of 5, owned by Bert Scheller, 345 South Locust St., be connected with sanitary sewer; that the outside water closet, privy or privy vault upon said premises be abandoned and removed and said vault cleaned and that a sanitary toilet and toilet facilities be installed and connections made with the san- itary sewer. • Be it further resolved that said Bert Scheller be notified to remove and abandon the outside water clos- et, privy or privy vault located up- on the premises above described and to clean said vault; that said pro- perty be connected with the sanitary sewer and that sanitary toilet and toilet facilities be installed and con- nections made with said sewer, all of which to be done within Thirty (30) days from the date thereof. Be it further resolved that said Bert Scheller be notified of the ac- tion of this Board by the service of a written notice together with a copy of this resolution. Failure to comply with the terms hereof with- in the time stated shall be followed by prosecution or such other action as the Council or Board of Health may determine. Dated this 14th day of May, 1928. JOHN H. MACLAY, Attest: JOHN STUBER, City Clerk. You are further notified that pro - secution will follow a failure to comply with this order and notice, or such further action will be taken as to the Council or Board of Health may seem proper. Signed: W. J. CONNELL, Health Officer. Councilman Meuser moved the ad- option of the resolution. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent — Councilman Yount. May 14th, 1928 105 SPECIAL ORDER AND NOTICE FROM BOAI4D�OF HEALTH To A. J. Horsfall, 329 South Locust Street: You are hereby notified that on the 14th day of May, 1928, the local Board of Health for the City of Du- buque adopted a resolution ordering you to abandon and remove the out- side water closet, privy or privy vault located upon the premises de- scribed therein and to clean the same; also to connect said premises with the sanitary sewer and install sanitary toilet and toilet facilities and connect the same with said sew- er, all of which to be done within Thirty (30) days from the date of said resolution, a copy of which is herein set out and is as follows: Resolution of the Board of Health Be it resolved by the Board of Health of the City of Dubuque, Iowa, that it is deemed necessary that Lot Number 5 and 6 of 229, Union Addi- tion, owned by A. J. Horsfall, 329 South Locust Street, be connected with sanitary sewer; that the out- side water closet, privy or privy vault upon said premises be aban- doned and removed and said vault cleaned and that a sanitary toilet and toilet facilities be installed and connections made with the sanitary sewer. Be it further resolved that said A. J. Horsfall be notified to remove and abandon the outside water closet, privy or privy vault located upon the premises above described and to clean said vault; that said property be connected with the sanitary sew- er and that sanitary toilet and toilet facilities be installed and connec- tions made with said sewer, all of which to be done within Thirty (30) days from the date thereof. Be it further resolved that said A. J. Horsfall be notified of the action of this Board by the service of a written notice together with a copy of this resolution. Failure to com- ply with the terms hereof within the time stated shall be followed by prosecution or such other action as the Council or Board of Health may determine, Dated this 14th day of May, 1928. JOHN H. MACLAY, Mayor. Attest: JOHN STUBER, City Clerk. You are further notified that pro- secution will follow a failure to comply with this order and notice, or such further action will be taken as to the Council or Board of Health may seem proper. Signed: W. J. CONNELL, Health Officer. copy of this resolution. Failure to comply with the terms hereof within the time stated shall be followed by prosecution or such other action as the Council or Board of Health may determine. Dated this 14th day of May, 1928. JOHN H. MACLAY, Mayor. Attest: JOHN STUBER, City Clerk. You are further notified that prosecution will follow a failure to comply with this order and notice, or such further action will be taken as to the Council or Board of Health may seem proper. Signed W. J. CONNELL, Health Officer. Councilman Meuser moved the adoption of the resolution. Second- ed by Councilman Schuckert. Car- ried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent — Councilman Yount. SPECIAL ORDER AND NOTICE FROM BOARD OF HEALTH To Mrs. Louisa Ganahl, 2606 Queen Street. You are hereby notified that on the 14th day of May, 1928, the Local Board of Health for the City of Du- buque adopted a resolution ordering you to abandon and remove the out- side water closet, privy or privy vault, located upon the premises de- scribed therein and to clean the same; also to connect said premises with the sanitary sewer and install sanitary toilet and to connect said premises with the sanitary sewer and install sanitary toilet and toilet facilities and connect the same with said sewer, all of which to be done within thirty (30) days from the date of said resolution, a copy of which is herein set out and is as follows: Resolution of the Board of Health. Be it resolved by the Board of Health of the City of Dubuque, Iowa, that it is deemed necessary that Lot Number 62, Stafford Addition, owned by Mrs. Louisa Ganahl, 2606 Queen Street, be connected with sanitary sewer; that the outside water closet, privy or privy vault upon said prem- ises be abandoned and removed and said vault cleaned and that a sani- tary toilet and toilet facilities be in- stalled and connections made with the sanitary sewer. Be it further resolved that said Mrs. Louisa Ganahl be notified to remove and abandon the outside wa- ter closet, privy or privy vault lo- cated upon the premises above de- scribed and to clean said vault; that Special Session, May 14th, 1928 107 said property be connected with the sanitary sewer and that sanitary toi- let and toilet facilities be installed and connections made with said sewer, all of which to be done with- in thirty (30) days from the date thereof. Be it further resolved that said Mrs. Louisa Ganahl be notified of the action of this Board by the ser- ice of a written notice together with a copy of this resolution. Fail- ure to comply with the terms hereof within the time stated shall be fol- lowed by prosecution or such other action as the Council or Board of Health may determine. Dated this 14th day of May, 1928. JOHN H. MACLAY, Mayor. Attest: JOHN STUBER, City Clerk. You are further notified that prosecution will follow a failure to comply with this order and notice, or such further action will be taken as to the Council or Board of Health may seem proper. Signed W. J. CONNELL, Health Officer. Councilman Meuser moved the adoption of the resolution. Second- ed by Councilman Schuckert. Car - ried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent — Councilman Yount. SPECIAL ORDER AND NOTICE FROM BOARD OF HEALTH To Julius Weidlich, 2602 Queen Street. You are hereby notified that on the 14th day of May, 1928, the Local Board of Health for the City of Du- buque adopted a resolution ordering you to abandon and remove the out- side water closet, privy or privy vault, located upon the premises de- scribed therein and to clean the same; also to connect said premises with the sanitary sewer and install sanitary toilet and to connect said premises with the sanitary sewer and install sanitary toilet and toilet facilities and connect the same with said sewer, all of which to be done within thirty (30) days from the date of said resolution, a copy of which is herein set out and is as follows: Resolution of the Board of Health. Be it resolved by the Board of Health of the City of Dubuque, Iowa, tnat it is deemed necessary that Lot Number 61. Stafford Addition, own- ed by Julius Weidlich, 2602 Queen Street, be counetted' with sanitary sewer; that the outside water closet, privy or privy vault upon said prem- 106 Special Session, May 14th, 1928 Councilman Meuser moved the ad- option of the resolution. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent — Councilman Yount. SPECIAL ORDER AND NOTICE FROM BOARD OF HEALTH To Mrs. M. Hartman, 875 High Bluff Street: You are hereby notified that on the 14th day of May, 1928, the local Board of Health for the City of Du- buque adopted a resolution ordering you to abandon and remove the out- side water closet, privy or privy vault located upon the premises de- scribed therein and to clean the same; also to connect said premises with the sanitary sewer and install sanitary toilet and toilet facilities and connect the same with said sew- er, all of which to be done within Thirty (30) days from the date of said resolution, a copy of which is herein set out and is as follows: Resolution of the Board of Health Be it resolved by the Board: of Health of. the City of Dubuque, Iowa, that it is deemed necessary that Lot Number 42, Dreibilbies Addition, owned by Mrs. M. Hartman, 875 High Bluff Street, be connected with sanitary sewer; that the out- side water closet, privy or privy vault upon said premises be aban- doned and removed and said vault cleaned and that a sanitary toilet and toilet facilities be installed and connections made with the sanitary sewer. Be it further resolved that said Mrs. M. Hartman be notified to re- move and abandon the outside water closet, privy or privy vault located upon the premises above described and to clean said vault; that said property be connected with the san- itary sewer and that sanitary toilet and toilet facilities be installed and connections made with said sewer, all of which to be done within thir- ty (30) days from the date thereof. Be it further resolved that said Mrs. M. Hartman be notified of the action of this Board by the service of a written notice together with a copy of this resolution. Failure to comply with the terms hereof within the time stated shall be followed by prosecution or such other action as the Council or Board of Health may determine. Dated this 14th day of May, 1928. JOHN H. MACLAY, Mayor. Attest: JOHN STUBER, City Clerk. You are further notified that pro- secution will follow a failure to comply with this order and notice, or such further action will be taken as to the Council or Board of Health may seem proper. Signed: W. J. CONNELL, Health Officer. Councilman Meuser moved the ad- option of the resolution. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent — Councilman Yount. SPECIAL ORDER AND NOTICE FROM BOARD OF HEALTH To Frank Krassig, 724 Cottage Street. You are hereby notified that on the 14th day of May, 1928, the Local Board of Health for the City of Du- buque adopted a resolution ordering • you to abandon and remove the out- side water closet, privy or privy vault, located upon the premises de- scribed therein and to clean the same; also to connect said premises with the sanitary sewer and install sanitary toilet and to connect said premises with the sanitary sewer and install sanitary toilet and toilet facilities and connect the same with said sewer, all of which to be done within thirty (30) days from the date of said resolution, a copy of which is herein set out and is as follows: Resolution of the Board of Health. Be it resolved by the Board of Health of the City of Dubuque, Iowa, that it is deemed necessary that Lot Number 76, Pleasantview Addition, owned by Frank Krassig, 724 Cot - tage, be connected with sanitary sewer; that the outside water closet, privy or privy vault upon said prem- ises be abandoned and removed and said vault cleaned and that a sani- tary toilet and toilet facilities be in- stalled and connections made with the sanitary sewer. Be it further resolved that said Frank Krassig be notified to remove and abandon the outside water clo- set, privy or privy vault located up- on the premises above described and to clean said vault; that said prop- erty be connected with the sanitary sewer and that sanitary toilet and toilet facilities be installed and con- nections made with said sewer, all of which to be done within thirty (30) days from the date thereof. Be it further resolved that said Frank Krassig be notified of the ac- tion of this Board by the service of a written notice together with a 108 Special Session, May 14th, 1928 ises be abandoned and removed and said vault cleaned and that a sani- tary toilet and toilet facilities be in- stalled and connections made with the sanitary sewer. Be it further resolved that said Julius Weidlich be notified to re- move and abandon the outside water closet, privy or privy vault located upon the premises above described and to clean said vault; that said property be connected with the sani- tary sewer and that sanitary toilet and toilet facilities be installed and connections made with said sewer, all of which to be done within thirty (30) days from the date thereof. Be it further resolved that said Julius Weidlich be notified of the action of this Board by the service of a written notice together with a copy of this resolution. Failure to comply with the terms hereof within the time stated shall be followed by prosecution or such other action as the Council or Board of Health may determine. Dated this 14th day of May, 1928. JOHN H. MACLAY, Mayor. Attest: JOHN STUBER, City Clerk. You are further notified that prosecution will follow a failure to comply with this order and notice, or such further action will be taken ' as to the Council or Board of Health may seem proper. Signed W. J. CONNELL, Health Officer. Councilman Meuser moved the adoption of the resolution. Second- ed by Councilman Schuckert. Car- ried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent — Councilman Yount. SPECIAL ORDER AND NOTICE FROM BOARD OF HEALTH To David Wall, (479 Robinson Ave- nue), 1453 Elm Street. You are hereby notified that on the 14th day of May, 1928 the Local Board of Health for the City of Du- buque adopted a resolution ordering you to abandon and remove the out- side water closet, privy or privy vault located upon the premises de- scribed therein and to clean the same; also to connect said premises with the sanitary sewer and install sanitary toilet and toilet facilities and connect the same with said sewer, all of which to be done with- in thirty (30) days from the date of said resolution, a copy of which is herein set out and is as follows: Resolution of the Board of Health. Be it resolved by the Board of Health of the City of Dubuque, Iowa, that it is deemed necessary that Lot Number North % of 144, East Du- buque Addition, owned by David Wall, 1453 Elm Street, be connected with sanitary sewer; that the out- side water closet, privy or privy vault upon said premises be aban- doned and removed and said vault cleaned and that a sanitary toilet and toilet facilities be installed and connections made with the sanitary sewer. Be it further resolved that said David Wall be notified to remove and abandon the outside water clo- set, privy or privy vault located up- on the premises above described and to clean said vault; that said prop- erty be connected with the sanitary sewer and that sanitary toilet and toilet facilities be installed and con- nections made with said sewer, all of which to be done within thirty (30) days from the date hereof. Be it further resolved that said David Wall be notified of the action of this Board by the service of a written notice together with a copy of this resolution. Failure .to comply with the terms hereof within the time stated shall be followed by prosecution or such other action as the Council or Board of Health may determine. Dated this 14th day of May, 1928. JOHN H. MACLAY, Mayor. Attest: JOHN STUBER, City Clerk. You are further notified that prosecution will follow a failure to comply with this order and notice, or such further action will be taken as to the Council or Board of Health may seem proper. Signed: W. J. CONNELL, Health Officer. Councilman Meuser moved the adoption of the resolution. Second- ed by Councilman Schuckert. Car- ried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent— Councilman Yount. SPECIAL ORDER ANP NOTICE FROM BOARD OF HEALTH To Peter Weber, 942 Dodge Street. You are hereby notified that on the 14th day of May, 1928, the Local Board of Health for the City of Du- buque adopted a resolution ordering you to abandon and remove the out- side water closet, privy or privy vault, located upon the premises de- scribed therein and to clean the same; also to connect said premises with the sanitary sewer and install sanitary toilet and toilet facilities and connect the same with said sewer, all of which to be done with- in thirty (30) days from the date of said. resolution, a copy of which is herein set out and is as follows: Resolution of the Board of Health. Be it resolved • by the Board of Health of the City of Dubuque, Iowa, that it is deemed necessary that Lot Number 5, Union Addition, owned by Peter Weber, 942 Dodge Street, be connected with sanitary sewer; that the outside water closet, privy or privy vault upon said premises be abandoned and removed and said vault cleaned and that a sanitary toi- let and toilet facilities be installed and connections made with the sani- tary sewer. Be it further resolved that said Peter 'Weber be notified to remove and abandon the outside water clo- set, privy or .privy vault located up- on the premises above described and to clean said vault; that said prop- erty be connected with the sanitary sewer and that sanitary toilet and toilet facilities be installed and con- nections made with said sewer, all of which to be done within thirty (30) days from the date thereof., Be it further resolved that said Peter Weber be notified of the ac- tion of this Board by the service of a written notice together with a copy of this resolution. Failure to comply with the terms hereof within the time stated shall be followed by prosecution or such other action as the Council or Board of Health may determine. Dated this 14th day of May, 1928. JOHN H. MACLAY, Mayor. Attest: JOHN STUBER, City Clerk. You are further notified that prosecution will follow a failure to comply with this order and notice, or such further action will be taken as to the Council or Board of Health may seem proper. Signed W. J. CONNELL, Health Officer. Councilman Meuser moved the adoption of the resolution. Second- ed by Councilman Schuckert. Car- ried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent — Councilman Yount. There being no further business, the Board adjourned. Special Session, May 14th, 1928 109 Approved 1928. Adopted 1928. Bd. of Health JOHN STUBER, Cleik, Board of Health. Attest: Clerk, Board of Health. 110 Special CITY COUNCIL (Official) Special Session May 21, 1928. Meeting called by order of Mayor Maclay, Councilman McEvoy. Council met at 5 o'clock P. M. Present —City Manager Kratz, Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert and Yount. Absent —None. Mayor Maclay read the call and stated that this meeting is called for the purpose of conducting a hearing on the proposed plans and specifications, and form of contract for the improvement of the follow- ing streets, which have been here- tofore approved by the City Council. Emmett Street from the west pro- perty line of Bluff Street to the east property line of St. Mary's Street — concrete $3,371.00; St. Mary's Street from the south property line of Em- hett Street to the south property line of W. 3rd Street — concrete $3,560.00; Johnson Street from the west property line of Garfield Ave- nue to the east property line of E. 22nd Street, except where already paved — concrete $9,158.00; Broad - way from the south property line of W. 24th Street to the south pro- perty line of Diagonal Street —con- crete $14,182.00; W. 4th Street from the west property line of Bluff Street to the west line of City Lot 612— concrete $2,373.75; Roberts Street from the north property line of W. 5th Street to the north pro- perty line of W. 8th Street —con- crete $4,966.00, and W. 8th Street from the east property line of Rob- erts Street to the west property line of Wilson Street — concrete $861.00 and Wilson Street from the south property line of W. 8th Street on the west to the south property line of Julien Avenue — concrete $3,708.75. At said hearing any interested per- sons may appear and file objections to the proposed plans, specifications or form of contract, or cost of such improvement. Dated at Dubuque, Iowa, this 7th day of May, 1928. JOHN STUBER, City Clerk. Notice of publication certified to by the publisher that the notice of a hearing was published and the date of hearing fixed for May 21st, 1928, presented. There being no objections or re- monstrances filed, Councilman Schuckert moved that the notice be received and filed. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Maclay, Councilmen Session, May 21st, 1928 McEvoy, Meuser, Schuckert, Yount. Nays —None. RESOLUTION CONTAINING DECI- SION OF COUNCIL UPON OB- JECTION TO PLANS AND SPE- CIFICATIONS, FORM OF CON- TRACT AND COST OF IMPROVE MENTS. Whereas, proposed plans and specifications and form of contract for the improvement of Emmett Street from the west property line of Bluff Street to the east property _ line of St. Mary's Street — concrete $3,371.00; St. Mary's Street from the south Property line of Emmett Street to the south property line of W. 3rd Street — concrete $3,560.00; Johnson Street from the west pro- perty line of Garfield Avenue to the east property line of E. 22nd Street, except where already paved —con- crete $9,158.00; Broadway from the south property line of W. 24th Street to the south property line of Diagonal Street — concrete $14,182; W. 4th Street from the west proper- ty line of Bluff Street to the west line of City Lot 612— concrete $2,373.75; Roberts Street from the north property line of W. 5th Street to the north property line of W. 8th Street — concrete $4,966.00; and W. 8th Street from the east pro- perty line of Roberts Street to the west property line of Wilson Street — concrete $861.00 and Wilson Street from the south property line of W. 8th Street on the west to the south property line of Julien Avenue — concrete $3,708.75, have been ap- proved by the City Council of the City of Dubuque and public notice given as provided by Chapter 23 of the Code of Iowa, 1927, pertaining to public contracts and bonds, and the time and place fixed for the hear- ing of all objections to said plans, specifications or contract for or cost of such improvements, said time be- ing this 21st day of May, 1928; and Whereas, the City Council met in special session pursuant to legal call this 21st day fo May, 1928, at 5 o'clock P. M. at the Council Cham- ber in the City Hall for the pur- pose of hearing all interested parties and considering any and all objec- tions which have been filed to the proposed plans, specifications or con- tract for or cost of any of the pub- lic improvements herein described and proposed to be made; and Whereas, all interested parties have been given an opportunity to be here and all objections which have been filed have been duly weighed and considered now, there- for Be it resolved by the City Coun- cil of the City of Dubuque, that all objections which have been made and filed to the plans, specifications or 'contract for or cost of any of said improvements herein described and proposed to be made, be and the same are hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. Be it further resolved that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of contract for or cost of said improvements be made a matter of permanent record in connection with improvements. Passed, adopted and approved this 21st day of May, 1928. JOHN H. MACLAY, Mayor. EDWARD McEVOY, WM. H. MEUSER, H. F. SCHUCKERT, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman McEvoy moved the ad- option of the resolution. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Petition of property owners on Plymouth and Victoria Streets, ask- ing that the proposed additional en- trance to Plymouth Street paralell- ing the park steps be eliminated and not included in said improve- ment and that the entrance remain where it is now. Signed by W. I. Paisley, H. C. Scholz, J. F. Stampfer, Jr., et al, (12 signers). Councilman Schuckert moved that the petition be received and filed. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Petition of Retail Food Distribut- ors of the City of Dubuque, asking for the use of the Athletic Field, and ground adjacent thereto to the west, for the week of Sept. 10th to 16th inclusive, for the purpose of putting on a fall exposition of food and household exhibits, and enter- tainment. Signed by T. E. Polsean, president. Councilman Meuser moved that the petition be referred to to the City Manager. Seconded by Coun- cilman McEvoy. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Petition of Mrs. Lisette Krakow, Special Session, May 21st, 1928 111 referred to the Council by the Board of Supervisors, asking that the sec- ond one -half of the tax on Sub. 8, 9, 10, 11, 12 College Sub. for the year 1927 be cancelled and the tax for 1928 be reduced one -half. Councilman Meuser moved that the petition be referred to the City Solicitor. Seconded by Councilman Schuckert. Carried by the follow- ing vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Contractors bonds of David T. Howie, Joe Carpenter, plumbers ex- cavation bond of Philip Breithaupt, heating contractors bonds of Raforth Furnace Co., Lewis & Co. Sign bonds of Theisen Battery & Electric Co., Schumacher Tire Co. Renew- al certificates of contractors bonds of Frank . Henkels, Theodore Kint- zle, John P. Mueller and heating contractors bonds of A. J. LeVan, Nesler & Buechel, presented for ap- proval. Being properly executed, Council- man Yount moved that the bonds be received and filed. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. May 21, 1928. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At your meeting held May 14th the petition from John Donovan, et al, requesting a pavement improvement on Pierce Street from West 17th to West Lo- cust Streets, was referred to your City Manager for report. Your City Manager inspected this street on the ground and is of the opinion that the street should be paved as requested, 20 feet in width in order to give the Fire Depart- ment proper access to the district in question. Very respectfully submitted, O. A. KRATZ, City Manager. Councilman Meuser moved that the recommendation of the City Manager be approved. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. May 21, 1928. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At your meeting held May 14th a verbal petition present- ed by Peter Schiltz relative to the 112 Special condition of the Bee Branch Sewer near the C. M. & St. P. Railroad Shops, was referred to your City Manager for report. Your City Manager inspected the condition of the Bee Branch Sewer, which is still open from the east of Garfield Avenue, and he has in- structed the Street Superintendent to clean the open ditch and have all rubbish removed, such as wagon wheels, bed springs, etc., so that the storm water can reach the river unimpeded. Very respectfully submitted, O. A. KRATZ, City Manager. Councilman Yount moved that the recommendation of the City Manag- er be approved. Seconded by Coun- cilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. May 21, 1928. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At your meeting held May 34th the petition of L. C. Kolf- enbach requesting permission to con- struct a private sewer in the alley east of Jackson Street from No. 3108 to Liebe Street, was referred to your City Manager for report. Your City Manager wishes to re- port that the City Engineer has been instructed to prepare plans and spec- ifications for the construction of said sewer and see that the sewer is properly installed, which answers and satisfies the petition. Very respectfully submitted, O. A. KRATZ, City Manager. Councilman Meuser moved that the recommendation of the City Manager be approved. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. May 21, 1928. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At your meeting held May 14th the petition from Mr. Harvey Lillie requesting permission to install a gasoline curb pump at 555 East 17th Street, east of the railroad tracks, was referred to your City Manager. Your City Manager inspected this location on the ground and wishes to report that it is his opinion that the petition should be denied and that no further curb pumps should be permitted within the City limits. Session, May 21st, 1928 ■ The large number of curb pump installations is creating a bad traffic condition and also is a great nuis- ance to pedestrians desiring to use our streets. The common practice in other cities is not to allow any new installations and to continue to wage war against the present in- stallations with the idea of eventu- ally eliminating all curb pumps and to force gasoline merchants to con- duct such business on. private pro- perty and your City Manager there - fore further recommends that this practice be put in force in Dubuque and that when any curb pumps are taken out for repairs, not to permit reinstallation and in that way grad- ually eliminate all curb pumps. Very respectfully submitted, O. A. KRATZ, City Manager. Councilman Yount moved that the recommendation of the City Manag- er be approved. Seconded by Coun- cilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Gran and E=asement. Know all men by these presents: That in consideration of the sum of $1.00 in hand paid by the City of Du- buque, Iowa, a municipal corpora- tion, receipt of which is hereby ac- knowledged, the undersigned being the owner of the West 33.99 feet of Lot 1 of the Subdivision of Lot 6, John King's Dubuque Addition in the City of Dubuque, hereby grants and conveys to said City of Dubuque a perpetual right and easement in, over and across said West 33.99 feet of Lot 1 of the Subdivision of Lot 6, John King's Dubuque Addition, for the purpose of installing and main- taining therein water and sewer mains as the extension of water and sewer mains in Division Street with the 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 water and sewer mains to as good condition as it was in before the same was disturbed. This grant and easement shall be binding upon the undersigned, her heirs, executors, administrators, purchasers and as- signs forever. Signed: LENA HERRMANN. State of Iowa ) County of Dubuque ) ss. Be it remembered that on the 19th day of May, 1928, personally appear- ed before me a Notary Public in and for Dubuque County, Iowa, Lena Herrmann, who is personally known to me and acknowledged that she executed the foregoing instrument as her voluntary act and deed. JOHN STUBER, Notary Public in and for Dubuque County, Iowa. Councilman Meuser moved that the Grant and Easement be received and placed on file, and be properly recorded. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Petition of Jos. H. Morong, agent for Mrs. Mary Atkins, stating that she is the owner of Lot 9, Yates & P- ickett's .Sub., that she is entitled to exemption as set forth in the Ab- stract and Title to the above prop- erty. Each year shows an exemp- tion under the soldier's exemption law, and it is necessary to cancel the taxes of 1899 to ,clear the title to this property. The petitioner hereby petitions the ,Council to ,cancel this tax. Councilman Meuser moved that the petition be referred to the City Solicitor. Seconded by Councilman Schuckert. Carried by the following - vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Report of City Solicitor: To the Honorable Mayor and City Council. Gentlemen: On February 18th, 1928, Mrs. W. S. Corrance fell and broke bones in her- wrist and has sustained severe personal injuries. The place where the accident oc- curred is located on the east side of Locust Street near 8th. The injury was caused to a certain extent, at least, from the existence of a water spout on the building which dis- charged water and ice upon the side- walk. Mrs. Corrance agreed to set- tle her claim for the amount of her actual damages which were $152.75. I was able to get the property own- er to contribute $100.00 toward the settlement, che,cic for the same is hereto attached and made payable to the City. The balance of $52.75 should be paid by the City, and I would recommend that the check attached be deposited in favor of the General Fund and that a warant for $152.75 made payable to Mrs. W. S. Corrance be issued in her favor. Respectfully submitted, M. H. CZIZEK, City Solicitor. Councilman Meuser moved that the recommendation of the City Soli- Special Session, May 21st, 1928 113 citor be approved- and carried out as recommended. Seconded by Council- man McEvoy. Carried by the follow• ing vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Councilman McEvoy moved that the City Manager be authorized to have the second floor of the City Hall repaired, improved and decor- ated as he deems necessary. Sec- onded by Councilman Yount. Car- ried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Councilman Meuser moved that City Manager O. A. Kratz be appoint- ed to represent the City in the Up- per Mississippi River Cities Associa- lion. Seconded by Councilman Schu- ckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. There being no further business Council moved to adjourn. Carried. JOHN STUBER, City Clerk. Approved 1928. Adopted 1928. Councilmen Attest: City Clerk. 114 Special CITY COUNCIL (Official.) Special Session, May 24th, 1928. Meeting called by order of Mayor Maclay, Councilman Meuser. Council met at 5:00 o'clock P. M. Present —City Manager Kratz, Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Absent —None. Mayor Maclay read the call and stated that service thereof had been duly made. Notice and call of Spe- cial Meeting of the City Council: To - Councilman. You are hereby notified and there is hereby called a special meeting of the City Council, to be held at 5:00 o'clock P. M., on May 24th, 1928, at the Council Chamber. At this meet- ing bids for the purchase and sale of Dock Bonds in the sum of $65,000 will be considered and a contract awarded therefor to the successful bidder. At this meeting there will also be considered for adoption Ordinances repealing certain Ordinances hereto- fore adopted for the vacation of Huff Street and the Alley between Huff and Salina Streets. There will also be considered at this meeting the adoption of resolu- tions of necessity for certain street improvements and such other busi- ness as may properly come before a regular meeting of the Council. Dated at Dubuque, Iowa, this 23rd day of May, 1928. Signed by JOHN H. MACLAY, WM. H. MEUSER, Councilmen. This being the time and place fix- ed by published notice, the Council took up for consideration the matter of bids for the purchase of $65,000 Dock Bonds of the City. After the receipt of sealed bids and the calling of open bids, the results thereof were incorporated in a resolution, entitled, Resolution providing for the sale and award of $65,000 Dock Bonds and approving and authoriz- ing the agreement of such sale and award which was introduced by Councilman Meuser, who moved that said resolution be placed on file with the City Clerk for public inspection. Seconded by Councilman Schuckert, and the roll being called the follow- ing voted: Aye — Maclay, McEvoy, Meuser, Schuckert, Yount. Nays —None. Whereupon the Mayor declared the motion duly carried and ordered the said resolution placed on file with the City Clerk. Resolution providing for the sale Session, May 24th, 1928 and award of $65,000 Dock Bonds and approving and authorizing the agreement of such sale and award. Whereas, notice of sale of $65,000 Dock Bonds of the City of Dubuque, Dubuque County, Iowa, has hereto- fore been given in strict compliance with the provisions of Chapter 63 of the Code of Iowa, 1927, by publica- tion of notice for two or more suc- cessive weeks in one of the official newspapers of Dubuque County; and Whereas, all sealed bids have been received and placed on file, after which open bids were called for and received, the highest which was as follows: Par, accrued interest, with a premium of $55.00 based on a rate of interest of 41/ and thereafter such sealed bids were opened, the substance of the best sealed bid be- ing as follows: (None were re ceived). Now, therefore, be it resolved by the City Council of the City of Du- buque, Iowa, as follows: Section 1. That upon being ad- vised in the premises it is hereby determined that the bid of George M. Bechtel & Company for the pur- chase of $65,000 Dock Bonds is the highest and best bid received, and that said bonds be and the same are hereby awarded to said Geo. M. Bechtel & Company. Sec. 2. That the form of agree- ment of sale of said bonds to George M. Bechtel & Company be and the same is hereby approved and the Mayor, City Clerk and City Treas- urer are hereby authorized to exe- cute said agreement for and on be- half of the City of Dubuque, Iowa, and to affix the corporate seal of said City thereto. Sec. 3. That all resolutions or parts of resolutions in conflict here- with be and the same are hereby repealed. Introduced and filed May 24th, 1928. Passed and approved June 11th, 1928. JOHN H. MACLAY, Mayor. EDWARD McEVOY, WM. H. MEUSER, EARL YOUNT, Councilmen Attest: JOHN STUBER, City Clerk. Recorded June 12th, 1928. JOHN STUBER, City Clerk. Notice of publication, certified to by the publisher, of the Notice of Resolution of Necessity for the con- struction of street improvements, for the making of underground connec- tions, and for the construction or repair of sidewalks, drains and driveways. Councilman Yount moved that the notice be received and filed. Sec- onded by Councilman Meuser. Car- ried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. A remonstrance by property own- ers abutting on St. Mary's Street against the paving of said street, stating that there is very little traf- fic on this street and that most of the property on this street is owned by people of limited means, and that it would work a great hardship on them. Signed by all except two own- _ ers on the street. - Councilman Meuser moved that the resolution of necessity be amend- ed by excluding therefrom St. Mary's Street. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert. Nays — Councilman Yount. Councilman Meuser moved that the rules be suspended for the pur- pose of allowing anyone present who wished to do so to address the Coun- cil. Seconded by Councilman Schu- ckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Elmer May and Mrs. Kunnert et al. addressed the Council relative to the petition they had presented to the Council at a previous meeting objecting to the improvement of Broadway and which was received and filed at said meeting. RESOLUTION OF NECESSITY FOR THE CONSTRUCTION 01' STREET IMPROVEMENTS CON- SISTING OF GRADING, PAVING, CTJRBING, GUTTERING AND DRAINING; FOR THE MAKING OF UNDERGROUND CONNEC- TIONS; AND FOR THE CON- STRUCTION OR REPAIR OF PERMANENT SIDEWALKS, DRIVEWAYS AND WATER DRAINS. Whereas, a plat and schedule has been duly prepared by the City Council and is now on file in the of- fice of the Clerk, showing the streets to be improved, the boundaries of the district, if any, the width of the improvements, each lot proposed to be assessed, an estimate of the cost of the proposed improvement for each type of construction and kinds of materials to be used, and in each case the amounts which it is estim- ated will be assessed against each la for such improvements: Special Session, May 24th, 1928 115 Be it, therefore, Resolved by the City Council of the City of Dubuque, on its own motion or upon petition of property owners, that it is deem- ed necessary or advisable to build, construct and put in place certain street improvements, as herein de- scribed, in, upon and along the fol- lowing streets to -wit: (a) Emmett Street from the west property line of Bluff Street to the east property line of St. Mary's Street. (b) Johnson Street from the west property line of Garfied Avenue to the east property line of East 22nd Street except where already paved. (c) Broadway from the south prop- erty line of West 24th Street to the south property line of Diagonal Street. (dj West 4th Street from the west property line of Bluff Street to the west line of City Lot 612. (e) Roberts Street from the north property line of West 5th Street to the north property line of West 8th Street. (f) West 8th Street from the east property line of Roberts Street to the west property line of Wilson Street. (g) Wilson Street from the south property line of West 8th Street on the west to the south property line of Julien Avenue. Such street improvements shall consist of grading, paving, draining, curbing and guttering, the curb and gutter shall be constructed of con- crete or old stone curb may be reset, and the paving shall be constructed of one or more of the following ma- terials and methods, to -wit: By paving with 6 -inch concrete. All of the grading, paving, curb- ing and guttering shall be construct- ed and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been or will be approved by the City Council before a contract is entered into. The street railway portion on any of said streets will be paved with between the rails and on one foot outside thereof. That sewer drains shall be constructed where neces- sary to take care of surface water. That the cost and expense of mak- ing said improvements shall be as- sessed upon and against all private- ly owned property lying within the assessable distance provided by law, whether the same abuts thereon or is adjacent therto, according to area and in proportion to the special ben- efits conferred, and any deficiency shall be paid out of the general or improvement funds of the City, or partly out of each of such funds. 116 Special Session, May 24th, 1928 Bonds shall be issued and sold in anticipation of .deferred payments of assessments when the contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street shall be assessed to and paid by said street railway. Be it further resolved that under- ground connections with sewer, wa- ter and gas mains in said streets be deemed necessary and the same are ordered made to the curb lines of adjacent property before said streets are improved and that a written no- tice to make such connectons within ten days from the service thereof be given to the owner or owners of such property and, in the event, such connections are not made within said time, then such work will be done under contract and the cost thereof will be assessed to the prop- erty for which the same have been made. One connection shall be re- quired of each lot of 50 linear feet unless the lot is subdivided or in acreage, in which event such addi- tional connections will be required as will adequately serve the prop- erty and the notice shall state the number of connections that are re- quired for each lot or parcel of real estate. Be it further resolved that the sidewalks and water drains therein and driveways to private property along such streets be deemed neces- sary to be constructed, reconstruct- ed or repaired and the same are hereby ordered constructed or re- paired and such work shall be done under contact and the cost thereof assessed to the property for whose benefits such improvements are made in the manner provided by law. All underground connections, side- walks, drains. and driveways shall be constructed according to specifica- tions prepared therefor. That separate contracts will be en- tered into for each street improve- ment unless two or more streets constitute a continuous or connected thoroughfare and the limits are de- fined, and the cost of each improve- ment will be separately assessed. Be it further resolved that the above and foregoing improvements are hereby proposed to be made and constructed as hereinbefore set forth, and that this proposed resolu- tion, except this paragraph, be and the same is hereby set down for fur- ther and final hearing, consideration and determination at a meeting of this Council to be held on the 24th day of May, 1928, at 5 o'clock P. M., in the Council Chambers of the City Hall of this City, and the Clerk be 1 and he is hereby instructed to cause notice of the pendency of this reso- lution and of the time and place when and where the same will be considered for passage, to be given by publication in the official newd- paper of said City, in the manner and for the time prescribed by law, at which time the owners of prop- erty subject to assessment for any to said proposed improvements may appear and make objection to the boundaries of the district, if any, the cost of any of the proposed improve- ments, the amount to be assessed against any lot, and to the passage of the proposed resolution, and un- . less property owners at the time of the final consideration of said reso- lution have on file with the Clerk written objections to the amounts of any of the proposed improvements, they shall be deemed to have waived all objections thereto. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk and no- tice of its pendency ordered publish- ed this 7th day of May, 1928. Approved: JOHN H. MACLAY, Mayor. EDWARD McEVOY, HENRY F. SCHUCKERT, WM. H. MEUSER, Councilmen. Attest: JOHN STUBER, City Clerk. Record for Final Adoption. The foregoing resolution was fin- ally passed and adopted, as amend- ed, by the City Council this 24th day of May, 1928. JOHN H. MACLAY, Mayor. EDWARD McEVOY, HENRY F. SCHUCKERT, WM. H. MEUSER, Councilmen. Attest: JOHN STUBER, City Clerk. Certificate of Clerk. It is hereby certified that at the time set for the final consideration of the above resolution no remon- strance had been filed with the Council signed by 60% of the prop- erty owners and by the owners of 75% of the property subject to assessment. JOHN STUBER, City Clerk. Councilman Schuckert moved that the resolution as amended be adopt- ed. Seconded by Councilman Meu- rer. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert. Nays — Councilman Yount. Special Session, 1i17SQLUTIGN ORDERING THE CONSTRUCTION OF STREET IMP ROVEMENTS; THE MAKING OF UNDERGROUND CONNEC- TIONS; THE CONSTRUCTION OF PERMANENT SIDEWALKS; DRAINS AND DRIVEWAYS; AND DIRECTING, THE CLERK TO AD- VERTISE FOR BIDS. Be it resolved by the City Council of the City of Dubuque, that pursu- ant to a resolution of necessity pro- posed at a meeting of this Council on the 7th day of May, 1928, the street and other improvements de- scribed herein be and the same are hereby ordered by this Council up- on its own motion and with or with- out the petition of property owners, the street improvements to consist of grading, paving, draining, curbing and guttering in, upon and along the following named streets, to wit: (a) Emmett Street from the west property line of Bluff Street to the east property line of St. Mary's Street. (b) Johnson from the west property line of Garfield Avenue to the east property line of East 22nd Street except where already paved. (c) Broadway from the south pro- perty line of West 24th Street to the south property line of Diagonal Street. (d) West 4th Street from the west property line of Bluff Street to the west line of City Lot 612. (e) Roberts Street from the north property line of West 5th Street tc the north property line of West 8th Street. (f) West 8th Street from the east property line of Roberts Street to the west property line of Wilson Street. (g) Wilson Street from the south property line of West 8th. Street on the west to the south property line of Julien Avenue. The paving to consist of the fol- lowing materials and methods of con- struction to wit: Six inch plain concrete and the curb and gutter to be of concrete construction, or old stone curb may be reset where advisable. The street railway portion of the street shall be paved with between the rails and one foot outside thereof. All of the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. Be it further resolved that under- ground connections with sewer, wat- er and gas mains in said streets be and the same are hereby ordered made to the curb lines of adjacent property. May 24th, 1928 117 Be it further resolved that the sidewalks, driveways to private pro- perty and water drains along said streets be and the same are hereby ordered constructed, reconstructed or repaired. Be it further resolved that the cost and expense of the street improve- ments be paid for by levying special assessments against the privately owned property lying within the as- sessable distance from the improve- ments, whether such property abut upon the same or are adjacent there- to, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the general or the im- provement funds of the City, or part- ly from each of such funds. Pay- ment will be made to the contractor out of funds realized from the sale of bonds to be issued in anticipation of deferred payments of assessments as provided by law after the work has been completed and accepted by the City Council. The cost and ex1 pense of making underground con- nections shall be levied against the lots or parcels of real estate for whose benefit they are made and the cost and expense of constructing, re- constructing or repairing sidewalks, drains and driveways shall be levied against the lots or parcels of real estate for whose benefit they are constructed and the contractor shall be paid either in cash upon comple- tion and approval or from the pro- ceeds of bonds that may be issued in anticipation of the collection of the assessments. Be it further resolved that separ- ate contracts will be entered into for each street improvement unless two or more streets constitute a contin- uous or connected thoroughfare and the limits are defined, and assess- ments for the cost will be made for each improvement. Be it further resolved that the City Clerk be and he is hereby or- dered and directed to advertise for proposals for the construction of the - various improvements herein provid- ed for in the manner provided by law, all of which improvements shall be completed on or before the 20th day of August, 1928. Be it further resolved that this resolution be deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Councilman Meuser moved that the second one -half of the 1927 tax be suspended and the Board of Su- pervisors be notified of the Council's action. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schurckert, Yount. Nays —None. There was no action taken on the 1928 tax. An Ordinance No. 199: An Or- dinance repealing an Ordinance en- titled "Ordinance No. G -14. An Or- dinance for the vacation of Huff Street and the alley in block 29 in Dubuque Harbor Company's Addi- tion to the City of Dubuque," said Ordinance having been adopted on October 7th, 1895. Councilman Meuser moved that this be considered the first reading of the Ordinance. Seconded by Councilman Yount. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schurckert, Yount. Nays —None. Councilman Meuser moved that the rules requiring an Ordinance to be read on three separate days be suspended. Seconded by Council- man Yount. Carried by the follow- ing vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schurckert, Yount. Nays —None. The Ordinance was read a second time. Councilman Meuser moved that this be considered the second read- ing of the Ordinance. Seconded by Councilman Yount. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Ordinance No. 200. An Ordinance repealing an Ordinance entitled: "Or- dinance No. G -51. An Ordinance for the vacation of Huff Street from the south end of Railroad Avenue to the south line of Dubuque Harbor Com- pany's Addition, also the alley be- tween Huff and Salina Streets from the south line of Railroad Avenue to the south line of the Dubuque Har- bor Company's Addition," said Or- dinance having been approved on September 25th, 1905, and by estab- lishing and re- establishing said street and alley as a public street and alley of the City of Dubuque. Councilman Meuser moved that this be considered the first reading of the Ordinance. Seconded by Coun- cilman Yount. Carried by the fol- lowing vote: Yeas —Mayor Maclay, Councilmen Special Session, May 24th, 1928 McEvoy, Meuser, Schuckert, Yount. Nays —None. Councilman ( Meuser moved that the rules requiring -an. Ordinance to be read on three separate days be suspended. Seconded by Council man Yount. Carried by the follow- ing vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. The Ordinance was read a second time. Councilman Meuser moved that this be considered the second read- ing of the Ordinance. Seconded by Councilman Yount. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. An Ordinance establishing or re- establishing a street to be known as East First Street and an Ordinance establishing a street in the City of Dubuque hereafter to be known as Terminal Street, referred to the Council to view the grounds. No motion. There being no further business, Council adjourned and went into ses- sion as Board of Health. JOHN STUBER, City Clerk. Adopted 1928. Approved 1928. Councilmen Attest: City Clerk. 119 118 Special Session, Passed, adopted and approved this 24th day of May, 1928. JOHN H. MACLAY, Mayor. EDWARD McEVOY, H. F. SCHUCKERT, WM. H. MEUSER, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Meuser moved the ad- option of the resolution. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, and Schurckert. Nays — Councilman Yount. Petition of St. John's Lutheran Cemetery Assn. and Mt. Calvary Cemetery Assn., stating that during the past 10 years there has been a good deal cement paving done on Davis Avenue and north of it which was paid for as follows: City of Du- buque paid one - fourth, the Sisters of the Old Peoples paid one - fourth, St. John's Cemetery Assn. one - fourth, and Mt. Calvary Cemetery Assn. one - fourth, the total amounting to ap- proximately $25,000, this leaves a gap of several blocks from the end of the present paving on Windsor Avenue to Davis Street. The peti- tioners ask that the City pave this gap at an early date, as the road is in very bad condition.• Signed by Emil Feigner for St. John's Lutheran Cemetery Assn. and N. J. Steichen for the Mt. Calvary Cemetery. Messrs. Feigner and Steichen ad- dressed the Council relative to this petition. Councilman McEvoy moved that the petition be referred to the Coun- cil for investigation. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Petition of Herman Richard, (ver- bal), stating that he had paid two installments in succession for the improvement of Althauser Street, and the next time he paid the whole of it, that he has lost his receipt. But that he is positive he paid it. The City bought this property at tax sale, being lot 1 of 6 of Min. Lot 470 for $60.37. He offers to pay this amount and asks the City to waive the interest and penalty. Councilman Meuser moved that the petition be granted and the Treasurer be instructed to accept from Mr. Richard the sum of $60.37 and upon payment of same cancel the tax sale certificate. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen May 24th, 1928 McEvoy, Meuser, Schuckert, Yount. Nays —None. Inventory of City Waterworks as of April 1st, 1928, presented. Councilman Meuser moved that it be received and filed and made a matter of record. Seconded by Coun- cilman Yount. Carried by the fol- lowing vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Contractors bonds of (renewals) of F. Marty and Sons, and Adam Stoltz. Being properly executed Council- man Yount moved that the bonds be received and placed on file. Second- ed by Councilman McEvoy. Carried by the following Tote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Petition of C. B. Trewin, asking that the tax sale certificate against lot 1 of 1 of lot 40 Quigley's Sub. be concelled upon payment to the City of the principal due, being the 7th installment amounting to $76.20 and interest due from date of sale at the rate of 6 per cent interest. Councilman Schuckert moved that the petition be referred to the City Treasurer for investigation and re- port. Seconded by Councilman Mc- Evoy. Carried by the following vote: Yeas — Mayor Maclay Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. City Solicitor reported on the case of John Tressel who was in- jured by falling on an icy sidewalk in front of the Sanitary Milk Co.'s property. Mr. Tressel asked that the City pay his actual expenses which were $15.00. The Sanitary Co. paid this amount to the City Solicit- or. The City Solicitor turned the check into the City Clerk with the recommendation that it be turned over to the City Treasurer to be placed in the general fund and a warrant be drawn in this amount in favor of John Tressel, settlement in full for personal injury claim. Councilman Schuckert moved that the recommendation of the City So- licitor be approved and • carried out as recommended. Seconded by Coun- cilman Meuser. Carried by the fol- lowing vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Petition of Lisette Krakow, refer- red to the Council by the Board of Supervisors, asking that the second one -half of the taxes against her pro- perty, Sub. 8, 9, 10, 11 and 12 Col- lege Sub. Lot 4, be cancelled for 1927 and the 1928 tax be reduced one -half. Absent — Councilmen Meuser and Schuckert. Petition of John Ris, agent for the Standard Accident Insurance Co., stating that the sign bond of Harry Daveronas expired May 12th, 1928. Due to the fact that Mr. Davoronas refuses to pay for the premium now past due, claiming that he had filed a new bond, Mr. Ris hereby asks that the bond be returned to the agency, the bond written by the Standard Accident Insurance Co. and that the bonding company be relieved from any further liability thereon. Signed by John F. Ris, agent. Councilman McEvoy moved that the petition be referred to the City Clerk to see if a new bond has been filed. If a new bond has been filed then the old bond may be returned. Seconded by Councilman Yount. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Yount. Nays —None. Absent — Councilmen Meuser and Schuckert. There being no further business, Council adjourned. JOHN STUBER, City Clerk. Approved 1928. Adopted 1928. Councilmen Attest: Special Session, May 28th, 1928 121 City Clerk. 120 Special Session, May 28th, 1928 BOARD OF HEALTH (Official) Special Session, May 24th, 1928. Board met at 6:15 P. M. Present —Mayor Maclay in the Chair, Councilmen McEvoy, Meuser, Schuckert and Yount. Return of Service Notices served on property owners to abandon outside toilets or water closets, and connect their premises with sanitary sewers as per resolu- tions, passed by the Board of Health at a meeting held by said Board, May 14th, 1928. There being no further business, Board adjourned. JOHN STUBER, Clerk Board of Health. Approved 1928. Adopted 1928. Bd. of Health Attest: Clerk, Board of Health. CITY COUNCIL (Official) Special Session, May 28th, 1928. Meeting called by order of Mayor Maclay and Councilman Meuser. Council met at 5:00 o'clock P. M. Present —City Manager Kratz, Mayor Maclay, Councilmen McEvoy, Yount. Absent — Councilmen Meuser, Schu- ckert. Mayor Maclay read the call and stated that service thereof had been duly made. Notice and call of spe- cial meeting of the City Council of the City of Dubuque, Iowa. - To Councilman. You are hereby notified and there is hereby called a specail meeting of the City Council of the City of Du- buque, to be held Monday, May 28th, at 5:00 o'clock P. M., at the Council Chamber. At this meeting there will be introduced an ordinance, No. 201. An Ordinance amending an Ordin- ance authorizing the issuance of $65,000 Dock Bonds, providing for the payment of the same and declar- ing an emergency and for the con- sideration of such other business as may properly come before a regular meeting of the Council. Dated at Dubuque, lowa, this 25th day of May, 1928. JOHN H. MACLAY, WM. H. MEUSER, Councilmen. Ordinance No. 201 Amending an Ordinance, authorizing the issuance of $65,000 Dock Bonds, presented and read. Councilman Yount moved that this be considered the first reading of the Ordinance. Seconded by Coun- cilman McEvoy. Carried by the fol- lowing vote: Yeas —Mayor Maclay, Councilmen McEvoy, Yount. Nays —None. Absent — Councilmen Meuser and Schuckert. Petition of Jo Miller stating that he was injured April 14th, 1928, at 2:20 A. M., by falling on a sidewalk • from which the snow of the night before had not been removed. The location where he fell is in front of the City Park on Hill and Caledonia Place. He asks that the City reim- burse him for the doctor bill and for time lost. Councilman Yount moved that the claim be referred to the City Solic- itor. Seconded by Councilman Mc- Evoy. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Yount. Nays —None.