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1928 August Council ProceedingsI I i. I li CITY COUNCIL (Official) Special Session, August 3rd, 1928. Meeting called by order of Mayor Maclay and Councilman Yount. Council met at 5 o'clock P. M. Present — City Manager Kratz, Mayor Maclay, Councilmen McEvoy, Schuckert and Yount. Absent — Councilman Meuser. Mayor Maclay read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of adopting resolutions awarding contracts for the improvements of Dell Street, Perry Street, Railroad Street and South Main Street, and Carlotta Street. Resolutions ordering the construction of the improvement of Pierce Street, Wilson Street, Wind- sor Avenue, Wilbur Street, Bruns- wick Street, O'Neill Street, Grove - land Street, Spruce Street, intersec- tion of Perry and Rider Streets, sew- er in Thomas Place, and acting on any other business that may come before the meeting. Certificate of library tax levy, fix- ing tax levy for library purposes at $35,000. Resolution of the Dock Board fix- ing the tax levy for Dock Board pur- poses at $26,550. Resolution of the Park Board fix- ing the tax levy for Park purposes at $30,000, referred to the Council at a previous meeting, were received and filed, on motion of Councilman McEvoy. Seconded by Councilman Schuckert. Carried by the follow- ing vote: Yeas —Mayor Maclay, Councilmen McEvoy, , Schuckert and Yount. Nays —None. Absent — Councilman Meuser. RESOLUTION AWARDING CONTRACT Whereas, proposals have been sub- mitted by contractors for the improve- ment of Dell Street from the south property line of West 14th Street to the north property line of Arlington Street, by paving, grading, curb and guttering, and constructing cement sidewalks, and down spout drains, and Uhlrich -Paley Co., contractor, has submitted the lowest bid for the furnishing of all labor and materials and performing the work as provid- . ed for in the plans and specifica- tions; now therefore, Be it resolved by the City Council of the City of Dubuque that the con- tract for the improving of Dell Street from the south property line of West 14th Street to the north pro- perty line of Arlington Street, by Special Session, August 3rd, 1928 219 paving with six inch plain concrete, grading, curb and guttering, con- structing cement sidewalks and down spout drains, be awarded to Uhlrich - Paley Co., and the Mayor and Man- ager be and they are hereby direct- ed to execute a contract on behalf of the City of Dubuque for the com- plete performance of said work. Be it further resolved that this resolution being deemed urgent and of immediate necessity become ef- fective from and after its passage and adoption by the City Council. Approved and placed on file for one week for public inspection July 27, 1928. Passed and adopted this 3rd day of August, 1928. JOHN H. MACLAY, Mayor. ED. McEVOY, H. F. SCHUCKERT, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Schuckert moved the adoption of the resolution. Second- ed by Councilman Yount. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Schuckert and Yount. Nays —None. Absent — Councilman Meuser. RESOLUTION AWARDING CONTRACT Whereas, proposals have been sub- mitted by contractors for the im- provement of Perry Street from the west property line of South Grand- view Avenue to the end of the pres- ent improvement, by paving, grad- ing, and constructing cement drive- ways, and Uhlrich -Paley Co., con- tractors, has submitted the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, Be it resolved by the City Coun- cil of the City of Dubuque that the contract for the improving of Perry Street from the west property line of South Grandview Avenue to the end of the present improvement by paving with six inch plain concrete, grading, and constructing cement driveways, be awarded to Uhlrich - Paley Co., and the Mayor and Man- ager be and they are hereby direct- ed to execute a contract on behalf of the City of Dubuque for the com- plete performance of said work. Be it further resolved that this resolution being deemed urgent and of immediate necessity become et fective from and after its passage and adoption by the City Council. Approved and ordered placed on file for one week for public inspec- tion July 27, 1928. cust Street to the east property line of ;South Main Street and South Main Street from the north property line of Railroad Street to the end of the present brick improvement by constructing underground connec- tions with the sanitary sewer, and Uhlrich -Paley Co., contractors, has submitted the lowest bid for the fur- nishing of all labor and materials and performing the work as provid- ed for in the plans and specifica- tions; now therefore, Be it resolved by the City Coun- cil of the City of Dubuque that the contract for the improving of Rail- road Street from the east property line of South Locust Street to the east property line of South Main Street and South Main Street from the north property line of Railroad Street to the end of the present brick improvement by constructing underground connections with the sanitary sewer be awarded to Uhl- rich -Paley Co., and the Mayor and Manager be and they are hereby di- rected to execute a contract in be- half of the City of Dubuque for the complete performance of said work. Be it further resolved that this resolution being deemed urgent and of immediate necessity become ef- fective from and after its passage and adoption by the City Council. Approved and ordered placed on file for one week for public inspec- tion July 27, 1928. Passed and adopted this 3rd day of August, 1928. JOHN H. MACLAY, Mayor. ED. McEVOY, H. F. SCHUCKERT, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Schuckert moved the adoption of the resolution. Second- ed by Councilman Yount. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Schuckert and Yount. Nays —None. Absent — Councilman Meuser. RESOLUTION AWARDING CONTRACT Whereas, proposals have been sub- mitted by contractors for the im- provement of Carlotta Street from the east property line of Alpine Street to the west property line of Alta Vista Street, by paving with six inch plain concrete, constructing curb and gutter, and Uhlrich -Paley Co., contractors, has submitted the lowest bid for the furnishing of all labor and materials and perform- ing the work as provided for in the Special Session, August 3rd, 1928 221 plans and specications, now there- fore, Be it resolved by the City Coun- cil of the City of Dubuque that the contract for the improving of Car- lotta Street from the east property line of Alpine Street to the west property line of Alta Vista Street by paving with six inch plain concrete, constructing curb and gutter, be awarded to Uhlrich -Paley Co., and the Mayor and Manager be and they are hereby directed to execute a contract on behalf of the City of Dubuque for the complete perform- ance of said work. Be it further resolved that this resolution being deemed urgent and of immediate necessity become ef- fective from and after its passage and adoption by the City Council. Approved and placed on file for one week for public inspection, July 27, 1928. Passed and adopted this 3rd day of August, 1928. JOHN H. MACLAY, Mayor. ED. McEVOY, H. F. SCHUCKERT, EARL YOUNT, ;Councilmen. Attest: JOHN STUBER, City Clerk. Councilman ;Schuckert moved the adoption of the resolution. Second- ed by Councilman ;Yount. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Schuckert and Yount. Nays —None. Absent — Councilman Meuser. Resolution Awarding Contract Whereas, proposals have been sub- mitted by contractors for the im- proving of Carlotta Street from the east property line of Alpine Street to the west property line of Alta Vista Street by constructing cement sidewalks and down spout drains, and Jas. F. Lee Paving Co., con- tractors, has submitted the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specications; now therefore, Be it resolved by the City Coun- cil of the City of Dubuque that the contract for the improving of Carlot- ta Street from the east property line of Alpine Street to the west property line of Alta Vista Street by constructing cement sidewalks and clown spout drains, be awarded to Jas. F. Lee Paving Co., and the Mayor and Manager be and they are hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. Be it further resolved that this I 220 Special Session, August 3rd, 1928 Passed and adopted this 3rd day of August, 1928. JOHN H. MACLAY, Mayor. ED. McEVOY, H. F. SCHUCKERT, EARL YOUNT, Councilmen Attest: JOHN STUBER, City Clerk. Councilman Schuckert moved the adoption of the resolution. Second- ed by Councilman Yount. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Schuckert and Yount. Nays —None. Absent — Councilman Meuser. RESOLUTION AWARDING CONTRACT Whereas, proposals have been sub- mitted by contractors for the im- provement of Perry Street from the west property line of South Grand- view Avenue to end of the present improvement, by constructing ce- ment sidewalks, and Jas. F. Lee Paving Co., contractors, has . submit - ed the lowest bid for the furnish- ing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, Be it resolved by the City Coun- cil of the City of Dubuque that the contract for the improving of Perry Street from the west property line of South Grandview Avenue to end of the present improvement, by con- structing cement sidewalks, be awarded to Jas. F. Lee Paving Co., and the Mayor and Manager be and they are hereby directed to execute a contract on behalf of the City of Dubuque for the complete perform- ance of said work. Be it further resolved that this resolution being deemed urgent and of immediate necessity become ef- fective from and after its passage and adoption by the City Council. Approved and ordered placed on file for one week for public inspec- tion July 27, 1928. Passed and adopted this 3rd day of August, 1928. JOHN H. MACLAY, Mayor. ED. McEVOY, H. F. SCHUCKERT, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Schuckert moved the adoption of the resolution. Second- ed by Councilman Yount. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Schuckert and Yount. Nays —None. Absent — Councilman Meuser. RESOLUTION AWARDING CONTRACT Whereas, proposals have been sub- mitted by contractors for the im- provement of Railroad Street from the east property line of South Lo- cust Street to the east property line of South Main Street and South Main Street from the north property line of Railroad Street to the end of the present brick improvement, by paving, grading, and constructing cement sidewalks, and Jas. F. Lee Paving Co, contractors, has submit- ted the lowest bid for the furnishing of all labor and materials and per- forming the work as provided for in the plans and specifications, now therefore, Be it resolved by the City Coun- cil of the City of Dubuque that the contract for the improving of Rail- road Street from the east property line of South Locust Street to the east property line of South Main Street and South Main Street from the north property line of Railroad Street to the end of the present brick improvement, by paving with six inch plain concrete, grading, and constructing cement sidewalks, be awarded to Jas. F. Lee Paving Co., and the Mayor and Manager be and they are hereby directed to execute a contract on behalf of the City of Dubuque for the complete perform- ance of said work. Be it further resolved that this resolution being deemed urgent and of immediate necessity become ef- fective from and after its passage and adoption by the City Council. Approved and ordered placed on file for one week for public inspec- tion July 27, 1928. Passed and adopted this 3rd day of August, 1928. JOHN H. MACLAY, Mayor. ED. McEVOY, H. F. SCHUCKERT, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Schuckert moved the adoption of the resolution. Second- ed by Councilman Yount. CarrOd by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Schuckert and Yount. Nays —None. Absent — Councilman Meuser. RESOLUTION AWARDING CONTRACT Whereas, proposals have been sub- mitted by contractors for the im- , provement of Railroad Street from 1 the east property line of South Lo- Clerk be and he is hereby ordered and directed to advertise for pro- posals 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 15th day of October, 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 pass- age and adoption by the City Coun- cil. Approved and ordered placed on file for one week for public inspec- tion, July 27, 1928. Passed, adopted and approved this 3rd day of August, 1928. JOHN H. MACLAY, Mayor. ED. McEVOY, H. F. SCHUCKERT, EARL YOUNT, ;Councilmen. Attest: JOHN STUBER, City Clerk. Councilman McEvoy moved the adoption of the resolution. Second- ed by Councilman , Schuckert. Car- ried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Schuckert and Yount. Nays —None. Absent — Councilman Meuser. Resolution Ordering Construction ok Sewer and Directing Clerk to Advertise for Bids Be it resolved by the City Coun- cil of the City of Dubuque, that pur- suant to a resolution of necessity, proposed at a meeting of this Coun- cil on the 10th day of July, 1928, and duly passed on the 27th day of July, 1928, it is hereby ordered by this Council, upon its own motion, and without petition of property owners, that the sewer described in said resolution be constructed, the same being an eight inch tile pipe sani- tary sewer in Thomas Place from the present sewer in Stafford Street to a point about 107 feet north. Said sewer shall be constructed in accordance with the plans and speci- fications heretofore adopted and now on file in the office of the City Clerk. 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 said sewer, as provided by law, which sewer shall be completed on or before the 1st day of October, 1928. The cost and expense of said sew- er will be paid for by levying spe- cial assessments against the pri- vately owned property abutting up- on said sewer and also against such Special Session, August 3rd, 1928 223 adjacent property as might be bene- ted thereby and in proportion to such benets, and payment will be made to the contractor out of funds real- ized from the sale of bonds to be issued in anticipation of deferred payment of assessments, as provid- ed by law, and any deficiency will be paid out of the general fund or sewer fund, or partly from each of such funds. This resolution being deemed ur- gent and of immediate necessity, shall be in force and effect from and after its passage and adoption by the City Council. Approved and ordered placed on file for one week for public inspec- tion July 27, 1928. Passed, adopted and approved this 3rd day of August, 1928. JOHN H. MACLAY, Mayor. ED. McEVOY, 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, Schuckert and Yount. Nays —None. Abse t— Councilman Meuser. „ ORDINANCE NO. G N O RDINANCE ESTABLISHING A CENTER LINE GRADE ON BRUNSWICK STREET FROM THE CENTER LINE OF O'NEILL STREET TO THE NORTH AL- LEY LINE OF ALLEY FIRST NORTH OF EDITH STREET, BE- ING CITY LIMITS. Be it Ordained by the City Coun- cil of the City of Dubuque: Section 1. That a center line grade on Brunswick Street from the center line of O'Neill Street to the north alley line of alley first north of Edith Street, being City Limits in the City of Dubuque, Iowa, be and the same is hereby established and adopted as shown by the profile of said street and grade prepared by the City Engineer and accepted by the City Council on the third day of August, 1928, being profile No. 1195, and marked "Center line grade and Profile of Brunswick Street from the center line of O'Neill Street to the north alley line of alley first north of Edith Street, being City Limits, bench mark on southwest curb re- turn Burden Avenue and O'Neill Street." Said grade beginning at the center line of O'Neill Street, which is station 13 +55.8, center line eleva- tion 177.5; thence to station 14+80.8, 222 Special Session, August 3rd, 1928 resolution being deemed urgent and of immediate necessity become ef- fective from and after its passage and adoption by the City Council. Approved and placed on file for one week for public inspection July 27, 1928, Passed and adopted this 3rd day of August, 1928. JOHN H. MACLAY, Mayor. ED. McEVOY, H. F. SCHUCKERT, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Schuckert moved the adoption of the resolution. Second- ed by Councilman Yount. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Schuckert and Yount. Nays —None. Absent — Councilman Meuser. RESOLUTION ORDERING THE CONSTRUCTION OF STREET IMPROVEMENTS; THE MAKING OF UNDERGROUND CONNEC- TIONS; THE CONSTRUCTION OF PERMANENT SIDEWALKS. DRAINS AND DRIVEWAYS; AND DIRECTING THE CLERK TO ADVERTISE FOR BIDS. Be it resolved by the City Coun- cil of the City of Dubuque, that pur- suant to a resolution of necessity proposed at a meeting of this Coun- cil on the 10th day of July, 1928, the street and other public improve- ments described herein be and the sarne are hereby ordered by this Council upon its own motion and with or without the petition of pro- perty owners, the street improve- ments to consist of grading, paving, draining, curbing and guttering, in, upon and along the following named streets, to wit: Pierce Street from the south pro- perty line of West Locust Street to the north property line of Angelis, Street; Wilson Street from the north property line of West 5th Street to the south property line of West 8th Street; Wilson Street from the north property line of Julien Avenue to the south property line of West 11th Street; Windsor Avenue from the north line of the alley first south of Strauss Street to the City limits on Davis Street; Wilbur Street from the east property line of Grove Ter- race to the east property line of Spruce Street; Rider and Perry Street intersection; Brunswick Street from the north property line of O'Neill Street to the City Limits and Groveland Street from the west property line of Burden Street to the east property line of Brunswick Street and ONeill Street from the west property line of Burden Street to the west property line of Bruns- wick Street; Spruce Street from the north property line of Julien Avenue to the north property line of Wilbur Street, the paving to consist of six inch plain concrete and the curb and gutter to be of concrete construc- tion, or old stone curb may he re- set where advisable. All of the work shall be constructed in accord- ance With the plans and specications heretofore adopted and now on file in the office of the City Clerk. Be it further received that under- ground connections with sewer, water and gas mains in said streets be and the same are hereby ordered made to the curb lines of adjacent property. 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 wili 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 anticipa- tion of deferred payments of assess- ments as provided by law after the work has been completed and ac- cepted by the City Council. The cost and expense of making under- ground connections shall be levied against the lots or parcels of real estate for whose benefit they are made and the cost and expense of constructing, reconstructing or re- pairing sidewalks, drains and drive- ways, 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 completion and approval or from the proceeds 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 defined, and assessments for the cost will be made for each improvement. Be it further resolved that the City elevation 181.5; thence to station 16+25.8, elevation 179.0; thence to station 17+70.8, elevation 168.5, City Limits. Section 2. This Ordinance shall' be in force and take effect from and after its passage by the City Council and its publication one time in the Telegraph - Herald and Times - Journal newspaper. Passed first reading July 23, 1928. Passed second reading July 23, 1928. Passed final reading Aug. 3 1928. Adopted Aug. 3, 1928. Approved: JOHN H. MACLAY, Mayor. ED. McEVOY, HENRY F. SCHUCKERT, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Schuckert moved the adoption of the Ordinance. Second- ed by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Schuckert and Yount. Nays —None. Absent—Councilman Meuser. ORDINANCE NO. G 1 AN ORDINANCE ESTABLISHING A r. CENTER LINE GRADE ON GROVELAND STREET FROM `) THE WEST PROPERTY LINE OF BURDEN AVENUE TO THE EAST PROPERTY LINE OF BRUNSWICK STREET. Be it Ordained by the City Council of the City of Dubuque: Section 1. That a center line grade on Groveland Street from the west property line of Burden Ave- nue to the east property line of Brunswick Street in the City of Du- buque, Iowa, be and the same is hereby established and adopted as shown by the profile of said street and grade prepared by the City Engi- neer and accepted by the City Coun- cil on the third day of August, 1928, being profile No. 1196, and marked "Center line grade and Profile of Groveland Street from the west prop- erty line of Burden Avenue to the east property line of Brunswick Street, bench mark southwest curb return O'Neill Street and Burden Avenue." Said grade beginning at the west property line of Burden Avenue, which is station 0 +00, ele- vation south curb 153.4, north curb 154.6; thence to station 1 +36, eleva- tion 159.5; thence to station 3 +02.5, elevation 165.0; thence to station 4 +56.3, elevation 174.9; thence to station 4 +81.3, elevation 175.7; thence to station 5 +06.3, elevation 224 Special Session, August 3rd, 1928 174.9; thence to station 6+45.9, ele- vation 166.4. Section 2. This Ordinance shall be in force and take effect from and after its passage by the City Council and its publication one time in the Telegraph - Herald and Times - Journal newspaper. Passed first reading July 23, 1928. Passed second reading July 23, 1928. Passed final reading Aug. 3, 1928. Adopted Aug. 3, 1928. Approved: JOHN H. MACLAY, Mayor. ED. McEVOY, HENRY F. SCHUCKERT, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Schuckert moved the adoption of the Ordinance Second- ed by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Schuckert and Yount. I'ays —None. Absent Councilman Meuser. n .9 ° ORDINANCE NO. G 1 1c4/ ORDINANCE ESTABLISHIN CENTER LINE GRADE ON O'N ) STREET FROM THE' WE • T PROPERTY, LINE OF BUR ElV AVENUE TO THE EAST PROPERTY - LINE OF BRUNSWICK STREE4'. Be it Ordained by the City Coun- cil of the City of Dubuque: Section 1. That a center line grade on O'Neill Street from the west property line of Burden Avenue to the east property line of Bruns- wick • Street in the City of Dubuque, Iowa, be and the same is hereby es- tablished and adopted as shown by the profile of said street and grade prepared by the City Engineer and accepted by the City Council on the third day of August, 1928, being pro- file No. 1197, and marked "Center line grade and Profile of O'Neill Street from the west property line of Burden Avenue to the east prop- erty line of Brunswick Street, bench mark southwest curb Burden Ave- nue and O'Neill Street." Said grade beginning at station 0 +00, elevation 165.3; thence to station 3 +00, eleva- tion 168.0; thence to station 5 +22.8, elevation 174.8; thence to station 5 +47.8, elevation 175.6; thence to station 6 +80, elevation 180.83; thence to station 7 +00, elevation 181.17; thence to station 7 +20, ele- vation 180.85; thence to station 8 +22.8, elevation 177.5. Section 2. This Ordinance shall be in force and take effect from and after its passage by the City Council ED. McEVOY, HENRY F. SCHUCKERT, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Schuckert moved the adoption of the Ordinance. Second- ed by Councilman. McEvoy. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Schuckert and Yount. Nays —None. Absent — Councilman Meuser. ORDINANCE NO. G AN ORDINANCE CHANGING THE GRADE OF PIERCE STREET FROM THE SOUTH PROPERTY LINE OF WEST LOCUST STREET TO THE NORTH PROP- ERTY LINE OF ANGELLA STREET. and its publication one time in the Telegraph - Herald and Times - Journal newspaper. Passed first reading July 23, 1928. Passed second reading July 23, '1928. Passed final reading Aug. 3, 1928. Adopted Aug. 3, 1928. Approved: JOHN H. MACLAY, Special Session, August 3rd, 1928 225 Mayor. Be it Ordained by the City Council of the City of Dubuque: Section 1. That the grade here- tofore established by the City Coun- cil on Pierce Street from the south property line of West Locust Street to the north property line of Angella Street be, and the same is hereby changed and established as shown by the profile of said street and grade, prepared by the City Engi- neer, being profile No. 1198, bench mark on door sill of Captain Yates' house on West Locust Street. Said grade begins at the south property line of West Locust Street, which is station 0 +00, elevation south curb 77.0, no change; thence to station 4+60, elevation 126.0, north proper- ty line of Quigley Lane; thence to station 4 +90, elevation 128.0, south property line of Quigley Lane; thence to station 6 +49.3, elevation 153.0, north property line of Angella Street, no change. Section 2. This Ordinance shall be in force and take effect from and after its passage by the City Council and its publication in the Telegraph - Herald and Times - Journal newspa- per. Passed first reading July 23, 1928. Passed second reading July 23, 1928. Passed final reading Aug. 3, 1928. Adopted Aug. 3, 1928. Approved: JOHN H. MACLAY, Mayor. ED. McEVOY, HENRY F. SCHUCKERT; EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman . Schuckert moved the adoption of the Ordinance. Second- ed by Councilman McEvoy. Carried by the following vote: ✓/ - 1 4i Yeas —Mayor Maclay, Councilmen �` (� e - n McEvoy, Schuckert and Yount. Nays —None. Absent — Councilman Meuser. ORDINANCE NO. G � /� AN ORDINANCE ESTABLISHING A 61 GRADE ON WILSON STREET dif,c �FROM THE NORTH PROPERTY LINE OF JULIEN AVENUE TO THE SOUTH PROPERTY LINE OF WEST 11TH STREET. Be it Ordained by the City Council of the City of Dubuque: Section 1. That a grade on Wil- son Street from the north property line of Julien Avenue to the south property line of West 11th Street in the City of Dubuque, Iowa, be and the same is hereby established and adopted as shown by the profile of said street and grade prepared by the City Engineer and accepted by the City Council on the third day of August, 1928, being profile No. 1199, and marked "Grade and Profile of Wilson Street from the north prop- erty line of Julien Avenue to the south property line of West 11th Street, bench mark on east end first cement step 626 Julien Avenue." Said grade beginning at the north p line of Julien Avenue, which is station 0+00, elevation east curb 242.6, elevation west curb 244.8; thence to station 1 +50, elevation east curb 255.3, elevation west curb 255.7; thence to station 2 +50, eleva- tion east curb 263.0. elevation west curb 263.9; thence to station 3 +00, elevation east curb 266.7, elevation west curb 267.1; thence to station 3+51.8, elevation east curb 267.8, elevation west curb 269.11. Section 2. This Ordinance shall be in force and take effect from and after its passage by the City Council and its publication one time in the Telegraph - Herald and Times - Journal newspaper. Passed first reading July 23, 1928. Passed second reading July 23, 1928. Passed final reading Aug. 3, 1928. Adopted Aug. 3, 1928. Approved: JOHN H. MACLAY, Mayor. each lot for this improvement, which is more than the lots are worth. Councilman McEvoy moved that the petition be referred to the City Manager and City Solicitor. Second- ed by Councilman Yount. Carried by the following vote: Yeas —Mayor Maclay, Councilman McEvoy, Schuckert and Yount. Nays —None. Absent — Councilman Meuser. Petition of John Chalmers, attor- ney for the estates of Alice E. Scott and James M. Burch, stating that when he filed remonstrances against the proposed assessments to be lev- ied against these properties for the improvement of Railroad Street and South Main Street, by an oversight the Clerk submitted the assessment of Main Street only when he should have submitted to him the assess- ment sheet of Railroad Street, also because the remonstrance covered both of these proposed improve- ments. The proposed assessment for South Main Street for each of the above estates is $1129.65 and for Railroad Street $1380.00 for each es- tate, and they protest against pay- ing more than 25 per cent of the actual value of the property. Councilman Schuckert moved that the petitions be received and filed. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Maclay, Councilman McEvoy, Schuckert and Yount. Nays —None. Absent — Councilman Meuser. City Council Proceedings for the. month of June, 1928, presented for approval. Councilman, Schuckert moved that they be approved as printed and placed on file. Seconded by Coun- cilman Yount. Carried by the fol- lowing vote: Yeas —Mayor Maclay, Councilman McEvoy, Schuckert and Yount. Nays —None. Absent — Councilman Meuser. Petition of John Bradley, asking that Elizabeth Place from Cox Street to lot No. 8, Jackson School Sub., be graded and improved. Councilman McEvoy moved that the petition be referred to tlie City Manager. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilman McEvoy, Schuckert and Yount. Nays —None. Absent — Councilman Meuser. Petition of property owners on Muscatine Street, asking that water and sewer connections be installed on said street. Signed by Martin Riedi, Wm. A. Tonneson, Fred C. Gendes, et al (12 signers). Councilman Schuckert moved that Special Session, August 3rd, 1928 227 the petition be referred to the City Manager and Engineer. Seconded by Councilman Yount. Carried by the following vote: Yeas — Mayor Maclay, Councilmen McEvoy, Schuckert and Yount. Nays —None. Absent — Councilman Meuser. Ordinance No. 205. An Ordinance prohibiting the sale of certain mer- chandise from temporary stands up- on the streets and sidewalks; pro- viding for a license for conducting outdoor shows at which articles of merchandise are sold; and repealing all ordinances or parts of ordinances in conflict herewith, presented and read. Councilman Schuckert moved that this be considered the first reading of the ordinance. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Schuckert and Yount. Nays —None. Absent — Councilman Meuser. Councilman Schuckert moved that the rules requiring an ordinance to be read on three separate days be suspended. Seconded by Council- man McEvoy. Carried by the fol- lowing vote: Yeas —Mayor Maclay, Councilmen McEvoy, Schuckert and Yount. Nays —None. Absent — Councilman Meuser. The ordinance was read a second time. Councilman Schuckert moved that this be considered the 2nd reading of the Ordinance. Seconded by Councilman McEvoy. Carried by the following vote Yeas —Mayor Maclay, Councilmen McEvoy, Schuckert and Yount. Nays —None. Absent — Councilman Meuser. Ordinance No. 206. An Ordinance amending an ordinance entitled "Or- • dinance No. 62. An Ordinance li- censing and regulating peddlers "by repealing paragraph 464, Section 2, and enacting a substitute in lieu therefor, presented and read. Councilman Schuckert 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, Schuckert and Yount. Nays —None. Absent — Councilman Meuser. Councilman Schuckert 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 226 Special Session, August 3rd, 1928 ' ED. McEVOY, HENRY F. SCHUCKERT, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Schuckert moved the adoption of the Ordinance. Second- ed by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Schuckert and Yount. Nays —None. qq Absent — Councilman Meuser. 1 t ORDINANCE NO. G N ORDINANCE ESTABLISHII A GRADE ON WINDSOR AVENUE FROM END OF PRESENT IM- PROVEMENT TO SOUTH PROP- ERTY LINE OF DAVIS STREET. Be it Ordained by the City Council of the City of Dubuque: Section 1. That a grade on Wind- sor Avenue from end of present im- provement to south property line of Davis Street in the City of Dubuque, Iowa, be and the same is hereby es- tablished and adopted as shown by the profile of said street and gra e prepared by the City Engineer and accepted by the City Council on the third day of August, 1928, being pro- file No. 1200, and marked "Grade and Profile of Windsor Avenue from end of present improvement to south property line of Davis Street, bench mark on north end of brick house Sextons Linwood Cemetery Windsor Avenue." Said grade beginning at end of present improvement, which is station 0+00, elevation east curb 113.9, west curb 114.0; thence to sta- tion 2 +50, elevation east curb 123:2, west curb 123.5, south property line of Strauss Street; thence to station 3 +00, elevation east curb 124:6, west curb 125.3; thence to station \5 +50, elevation east curb 131.1, south property line of Lawther Street; east curb elevation 132.17, west curb 132.17, north property line of Law - ther Street; thence to station 8 +43, elevation east curb 138.87, west curb 139.27, south property line of Goethe Street; thence to station 8+83, ele- vation east curb 140.5, west curb 141.3, north property line of Goethe Street; thence to station 11+13, ele- vation east curb 150.4, west curb 150.4, south property line of Harlan Street; thence to station 11+63, ele- vation east curb 152.4, west curb 152.65, north property line of Harlan Street; thence to station 13+83, ele- vation east curb 162.4, west curb 162.4, south property line of Euclid Street; thence to station 14+33, ele- vation east curb 164.6, west curb 164.6, north property line of Euclid Street; thence to station 16+65, ele- vation east curb 174.5, west curb 174.8, south property line of Davis Street. Section 2. This Ordinance shall be in force and take effect from and after its passage by the City Council and its publication one time in the Telegraph - Herald and Times- Journal newspaper. Passed first reading July 23, 1928. Passed second reading July 23, 1928. Passed final reading Aug. 3, 1928. Adopted Aug. 3, 1928. Approved: JOHN H. MACLAY, ED. McEVOY, HENRY F. SCHUCKERT, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Schuckert moved the adoption of the Ordinance. Second- ed by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Schuckert and Yount. Nays —None. Absent— Councilman Meuser. Sign bonds of Mathey Chevrolet Co., Scheppele Motor Co., Sibbing's Jewelry Store, L. M. Fritchie, rest - urant. Renewal of City Clerk Stub - er's bond and J. Jos. Hail, bookkeep- er Water Works, presented for ap- proval. Being properly executed, Council- man Schuckert moved that they be received and placed on file. Second- ed by Councilman Yount. Carried by the following vote: Yeas —Mayor Maclay, Councilman McEvoy, Schuckert and Yount. Nays —None. Absent — Councilman Meuser. Communication, from League of Iowa Municipalities, stating that the next annual convention of the League will be held at Cedar Rapids, Aug- ust 21, 22 and 23, asking that the City of Dubuque be represented at the convention, also bill of $50.00 dues for coming year in said League, presented. Councilman Schuckert moved that a warrant be drawn and the dues paid, and that City Manager Kratz and City Solicitor Czizek be author- ized to attend the convention. Sec- onded by Councilman Yount. Car- ried by the following vote: Yeas —Mayor Maclay, Councilman McEvoy, Schuckert and Yount. Nays —None. Absent — Councilman Meuser. Petition of Phil. F. Ryder, object- ing to the improvement of Pierce Street, stating that assessment - against his property lots 7 and 8 In Quigley's will cost about $60.00 for Mayor. 228 Special Session, August 3rd, 1928 McEvoy, Schuckert and Yount. Nays —None. Absent — Councilman Meuser. The Ordinance was read a second time. Councilman , Schuckert 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, Schuckert and Yount. Nays —None. Absent— Councilman Meuser. Ordinance No. 207. An Ordinance establishing weights and measures for the City of Dubuque; appointing the Market Master City Sealer and authorizing him to test weights and measures; and prescribing a penalty for violation hereof, presented and read. Councilman Schuckert 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, Schuckert and Yount. Nays —None. Absent — Councilman Meuser. Councilman Schuckert moved that the rules requiring an Ordinance to be read on three separate days be suspended. Seconded by Councilman Yount. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Schuckert and Yount. Nays —None. Absent— Councilman Meuser. The Ordinance was read a second time. Councilman Schuckert 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, Schuckert and Yount. Nays —None. Absent— Councilman Meuser. Report of the City Water Works for the month of July, 1928, present- ed for approval. Councilman Schuckert moved that the report be approved and filed for record. Seconded by Councilman Yount. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Schuckert and Yount. Nays —None. Absent— Councilman Meuser. A RESOLUTION. Whereas the Iowa State Highway Commission proposes to improve by grading and paving the extention of Primary Road No. 61 within the City of Dubuque, Iowa, in accordance with plans filed in the office of the Clerk of said city of Dubuque, Iowa, as follows: Beginning at the corporate limit of the city of Dubuque„ Station 105 -- 69 and running in a northeasterly direction and at Station 181 -67; and Whereas the Council of said city of Dubuque, Iowa, has examined said plans, and is familiar with the improvements proposed thereunder. Now therefore be it resolved by the City Council of the City of Du- buque, Iowa, 1. That the proposed improve- ment of the extention of Primary Road No. 61 within the City of Du- buque, Iowa, is hereby consented to and approved. 2. That the plans of said pro- posed improvemtnts are hereby ap- proved. 3. That the City Clerk is hereby instructed to have the necessary or- dinances prepared to cause the grades shown on the plans of the Iowa State Highway Commission for the said improvement to be legally adopted and established as the grades of Dubuque, Iowa. 4. That the City of Dubuque here- by assumes all responsibility or ex- pense, in connection with the changing of the existing grade lines, the reconstruction of any cross walks, or the installation of entrance culverts or driveways needed for ac- cess to private property or alleys abutting upon the above described primary road extention. Passed this 3rd day of August, 1928. JOHN H. MACLAY, Mayor. ED. McEVOY, 11. F. SCHUCKERT, EARL YOUNT, ■Councilmen. Attest: JOHN STUBER, City Clerk. Councilman McEvoy moved the adoption of the resolution. Second- ed by Councilman Yount. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Schuckert and Yount. Nays —None. Absent — Councilman Meuser. Certificate of City Manager August 3rd, 1928. To City Council. Subject: Acceptance of installing gas connections. The undersigned hereby certifies that the contracts for the installing of gas connections on the improve- ments of Johnson Street from the west property line of Garfield Aven- ue to the east property line of East 22nd Street, except where already paved; Broadway from the south property line of West 24th Street to the south property line of Diagonal Street; Roberts Street from the north property line of West Fifth Street to the north property line of West 8th Street, have been complet- ed. I further certify that this work has been done in accordance wit`i the plans and specifications and stip- ulations of the contract and I would therefore recommend their accept- ance by the Council. O. A. KRATZ, City Manager. A RESOLUTION ACCEPTING IM- PROVEMENTS AND DIRECTING THE CLERK TO PUBLISH NO- TICE. Whereas, the contracts for the im- provement of Johnson Street from the west property line of Garfield Avenue to the east property line of East 22nd Street except where al- ready paved; Broadway from the south property line of West 24th Street to the south property line of Diagonal Street; Roberts Street from the north property line of West 5th Street to the north property line of West Eighth Street, by the installa- tion of gas connections, have been completed and the City Engineer has examined the work and filed his cer- tificate stating that the same has been completed according to the terms of the contract, plans and spe- cifications and recommends their ac- ceptance, now therefore, Be it resolved by the City Coun- cil of the City of Dubuque, that the recommendation of the City Engin- eer be approved and that said im- provements be and the same are hereby accepted and the City En- gineer be and he is hereby directed to prepare a plat and schedule show- ing the lots or parcels of real estate subject to assessment for said im- provements and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assessments therefor, as required by law. Be it further resolved that the City Treasurer be and he is hereby di- rected to pay the contractor, with certificates issued upon the above described improvements, an amount equal to the amount of the contract, less any retained percentage provid- ed, for therein. Passed, adopted and approved this 3rd day of August, 1928. JOHN H. MACLAY, Mayor. ED. McEVOY, H. F. SCHUCKERT, EARL YOUNT, Councilmen. Special Session, August 3rd, 1928 229 Attest: JOHN STUBER, City Clerk. Councilman Yount moved the ad- option of the resolution. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, , Schuckert and Yount. Nays —None. Absent — Councilman Meuser. Petition of Voelker Realty Co., relative to having water stop boxes lowered in front of 3108- 10 -14 -18 and 3130 Jackson Street, stating that these services were installed by con- tractors for the City and if they were not properly installed ,the City ought to stand the expense of hav- ing them lowered. Councilman McEvoy moved that the petition be referred to City Man- ager and Engineer. Seconded by Councilman Yount. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Schuckert and Yount. Nays —None. Absent — Councilman Meuser. Notice to Sewer Contractors cer- tified to by the publisher that bids will be received for the construction of a sanitary sewer in Division Street. Councilman Schuckert moved that the notice be received and filed. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Schuckert and Yount. Nays —None. Absent — Councilman Meuser. August 3rd, 1928. To the Honorable City Council, Dubuque, Iowa. Gentlemen: In accordance with your instructions and our advertise- ment, bids were received at 10 A. M. Friday, Auguet 3rd, for the con- struction of a sanitary sewer in Di- vision Street from a point about 90 feet north of the sanitary sewer in West 24th Street to a point about 176 feet north. Uhlrich -Paley Co. —Six inch tile, $1.24; manholes, $40; total, $298.24. Cook & Kean —Six inch tile, 80c; manholes $49; total, $238.80. Engineer's Estimate - 304.00. I would respectfully recommend that the contract for the construc- tion of this sewer be awarded to Cook & Kean as their bid is the lowest one received. Respectfully submitted, O. A. KRATZ, City Manager. Councilman McEvoy moved that the recommendation of the City Manager be approved. seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen 230 Special Session, August 3rd, 1928 Special Session, August 3rd, 1928 231 McEvoy, Schuckert and Yount. Nays —None. Absent — Councilman Meuser. Resolution Awarding Contract Whereas, proposals have been sub- mitted by contractors for the con- struction of a sanitary sewer in Di- vision Street from a point about 90 feet north of the sanitary sewer in West 24th Street to a point about 176 feet north, and Cook and Kean, contractors, have submitted the low- est bid for the furnishing of all the labor and materials and performing the work as provided for in the plans and specifications; now, there- fore; Be it resolved by the City Coun- cil of the City of Dubuque that the contract for the construction of the sanitary sewer in Division , Street from a point about 90 feet north from the sanitary sewer in West 24th Street to a point about 176 feet north be awarded to Cook & Kean and the Mayor and Manager be and they are hereby directed to execute a contract on behalf of the City of Dubuque for the complete perform- ance of said work. Be it further resolved that this resolution being deemed urgent and of immediate necessity become ef- fective from and after its passage and adoption by the City Council. Councilman McEvoy moved that the resolution be approved, contract be awarded to Cook & Kean and placed on file for public inspection for one week. Seconded by Coun- cilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Schuckert and Yount. Nays —None. Absent — Councilman Meuser. Petition of Peter McCarthy, sug- gesting that the Council take up ne- gotiations with the Interstate Power Co., through the City Manager, with the view of reopening East 8th Street (this property was sold to the Dubuque Electric Co, by the City), so that a uniform width street be maintained from Pine Street to the river front. Councilman Schuckert moved that the petition be referred to the Coun- cil. Seconded by Councilman Mc: Evoy. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Schuckert and Yount. Nays —None. Absent — Councilman Meuser. Councilman McEvoy moved that the rules be suspended to allow any one present to address the Council. Seconded by Councilman Schuckert. Carried by the following vote: Peter McCarthy addressed the Council relative to the opening of this and other streets in Dubuque Harbor Imp. Company's Addition. ORDINANCE NO. 208 An Ordinance laying out and es- tablishing a street over and across lot 1 of the Subdivision of lot 60 and lot 1 of the Subdivision of lot 61 Grandview Heights Addition and across a strip of land 16 feet wide lying between said lots formerly platted and dedicated as a lane or alley, said street thus established to be a continuation of Plymouth Street in the City of Dubuque, pre- sented and read. Councilman Schuckert moved that this be considered the first reading of the Ordinance. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Schuckert and Yount. Nays —None. Absent — Councilman Meuser. Councilman Schuckert moved that the rules requiring an Ordinance to be read on three separate days be suspended. Seconded by Council- man McEvoy. - Carried by the fol- lowing vote: Yeas —Mayor Maclay, Councilmen McEvoy, Schuckert and Yount. Nays —None. Absent— Councilman Meuser. The Ordinance was then read a second time. Councilman Schuckert 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, Schuckert and Yount. Nays —None. Absent — Councilman Meuser. Plats of the Subdivision of lots 61 and 60 Grandview Heights Addition in the City of Dubuque, presented. Councilman McEvoy moved that the plats be approved and adopted and the Clerk is hereby directed to certify and record the same in the office of the County Recorder. Sec- onded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Schuckert and Yount. Nays —None. Absent — Councilman Meuser. August 3rd, 1928. To the Honorable City Council, Dubuque, Iowa. Gentlemen: Bid were received at the office of the City Manager on July 26th, 1928, for the construction of a storm water sewer in Dodge Street from the end of the present sewer in Dodge Street to a point about 125 feet east. Uhlrich -Paley Co. —Price per foot, $59.00; spillway, $450.00; rip rap in place, $2.00 per ton. Anton Zwack, Inc. —Price per foot, $47.60; spillway, $200.00; rip rap in place, $3.00 per ton. Jas. F. Lee Paving Co. —Price per foot, $30.00; spillway, $300.00; rip rap in place, $3.00 per ton. The bid of Jas. F. Lee Paving Co. contained a clause that the prices set forth in his bid were dependent upon the stage of water and weather permitting for the completion of the work. Under date of July 31st, 1928, a communication was received by me from the Jas. F. Lee Paving Co. further conditioning their bid in stating that they would agree to con- struct the sewer when the stage of water reached a low level of two foot six inches. I am attaching the last mentioned communication to this report. In view of the fact that the bid of Jas. F. Lee Paving Co., contains the above mentioned claus- es I would respectfully recommend that the contract for the construc- tion of this sewer be awarded to An- ton Zwack, Inc., they being the low- est bidder and the distance of sewer to be constructed not to exceed 105 feet. Respectfully submitted, O. A. KRATZ, City Manager. Councilman McEvoy moved that the recommendation of the City Manager be approved. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Schuckert and Yount. Nays —None. Absent — Councilman Meuser. Resolution Awarding Contract Whereas, proposals have been sub- mitted by contractors for the con- struction of a storm water sewer in Dodge Street from the end of the present storm water sewer in Dodge Street to a point about 105 feet east and Anton Zwack, Inc., contractor, has submitted the lowest bid for the furnishing of all labor and materials and performing the work as provid- ed for in the plans and specifica- tions; now therefore, Be it resolved by the City Coun- cil of the City of Dubuque that the contract for the construction of the storm water sewer in Dodge Street from the end of the present storm water sewer in Dodge Street to a point about 105 feet east be awarded to Anton Zwack, Inc., and the Mayor and Manager be and they are hereby directed to execute a contract on be- half of the City of Dubuque for the complete performance of said work. Approved this 3rd day of August, 1928, and ordered placed on file for one week for public inspection. Councilman McEvoy moved that the resolution be approved and placed on file for one week for pub- lic inspection. Seconded by Coun- cilman Schuckert. Caried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Schuckert and Yount. Nays—None. Absent — Councilmen Meuser. To the Honorable Mayor and Council of the City of Dubuque. Gentlemen: The petitions of Pet- er McCarthy asking your Honorable Body to either repeal Ordinance No. 165 providing for the vacation of East 8th Street and granting such vacated street to the Dubuque Elec- tric Company; or to condemn the land included within such vacated street for street purposes and return the purchase price paid to said com- pany, have been refered to me for examination and report. I assure you I have given Mr. McCarthy's pe- titions careful consideration and have examined the cases cited by him to sustain his position. I beg to advise you as follows: 1st. The power to vacate streets is expressly conferred upon the City Council by statute. The general proposition of law laid down by all of the decisions of the Supreme Court of this State is that a City has the right to vacate streets and upon such vacation the title to the land formerly occupied by the streets does not revest in the abut- ting owners but remains in the city and such lands can be disposed of for other purposes. In other words a vacated street may be appropri ated by the city to purposes incon- sistent with its further use for pub- lic travel. 2nd. It is true that it has been held that a City may not arbitrarily vacate a street or alley and convey the land to private parties where the public interest is thereby impaired. Such cases, however, are where a street or alley is used as a thorough- fare by the public and it is import- ant that this use be continued in order that the street or alley may be used by the public for travel thereon. This was the situation in Larch vs. Short, the case referred to by the petitioner. In such a cast' a Court might be justified in holding that the vacation of a street would be arbitrary and contrary to the best interests of the public. How- ever, what would constitute an ar- bitrary vacation of a street is al- ways determined by a consideration of all of the facts in the case. 3rd. The matter of determining the advisability of vacating a street and conveying the land to others lies 232 Special Session, August 3rd, 1928 largely within the discretion of the governing body and the action tak- en, when rightfully exercised, is not subject to judicial inquiry. So that, when East 8th Street was vacated the Council must have felt that the interest of the public was in no man- ner impaired or prejudiced by their action. The location of the street; its prior use by the public; the ter- ritory served and other matters were proper and pertinent considerations for the Council in arriving at its conclusion that the street was or was not needed for public purposes. When it determined that the street was not needed for public purposes and that the public would not be injured by its vacation, it had the right to vacate the same and con- vey the land to private parties. 4th. The petitioner requests the Council to repeal the vacating ordin- ance. It will be remembered that the street was not only properly va- cated but that the land was deeded to private parties. A repeal of the ordinance would be without effect insofar as the re- establishment of the street is concerned. To repeal the ordinance would not have the effect of re- establishing the street. or restoring to it its previous pub- lic character. 5th. The petitioner requests, fur- ther, that the property be condemned and a street established thereon. This is a matter purely for the Coun- cil's consideration . The Council has the right to condemn any property and establish a street thereon if it so desires. The amount of damages it would be required to pay for the lands condemned is a matter which a jury would have to assess, unless the owner of the property and the city could agree upon the same. The foregoing is responsive to all of the propositions advanced by the petitioner, Mr. McCarthy. The pe- titions which he filed with the Coun- cil are hereto attached and returned. Respectfully submitted, M. H. CZIZEK, City Solicitor. Councilman Schuckert moved that the opinion of the City Solicitor be approved and placed on file for rec- ord. Seconded by Councilman Mc- Evoy. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Schuckert and Yount. Nays —None. Absent — Councilmen Meuser. Petition of Ellen Moore, referred to the City Council by the Board of Supervisors, asking that she be ex- empted from paying part of the 1927 tax against lots 9a and 15a Quig- ley's Sub. 710, offering to pay $25.00 for said tax. Councilman Schuckert moved that the petition be received and filed and the Board of Supervisors be in- formed of the Council's action. Sec- onded by Councilman McEvoy. Car- ried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Schuckert and Yount. Nays —None. Absent — Councilmen Meuser. There being no further business, Council adjourned. JOHN STUBER, City Clerk. Adopted 1928. Approved 1928. Councilmen Attest: - •••- -••• -- l City Clerk. BOARD OF HEALTH (Official) Board of Health met in Special Session, August 3rd, 1928. Meeting called to order at 6:15 P. M. Present —Mayor Maclay in the Chair, Councilmen McEvoy, Schuck- ert and Yount. Absent — Councilman Meuser. The following resolution was pre- sented and read: RESOLUTION OF BOARD OF HEALTH WHEREAS, there is prevelent in the City of Dubuque a disease among dogs known as rabies which is a menace and dangerous to the pub- lic health and, in order to prevent the spread of said disease and to preserve the public health, it is deemed necessary and advisable by the Board of Health of said city to promulgate a rule and regulation relative to dogs running at large; now therefore Be it resolved by the Board of Health of the city of Dubuque, Iowa, that until all danger to public healtli arising from rabies in dogs and the spread thereof shall have passed there be and there is hereby pro- mulgated a rule and regulation that all dogs shall be securely muzzled or restrained upon the premises of the owner so that the same cannot run at large. Be it further resolved that this rule and regulation shall continue in force and effect until repealed and such repeal shall not be affect- ed except upon information given to the Board of Health by the Director of Public Health that danger from the spread of said disease shall have passed. Be it further resolved that any dog found to be runnig at large during the time this rule and regulation is in force contrary to the provisions hereof shall be taken up and con- fined in the city pound and shall not be released therefrom until the owner thereof shall have paid expense of caring for and keeping the same; provided, however, tha' should the owner of such dog fat or refuse to pay such expense am� reclaim the same within a period o • seven (7) days after the dog ha• been taken up, such animal shall b( destroyed. Be it further resolved that an' person owning a dog who fails or re fuses to comply with the provision of this rule and regulation shall b• subject to arrest and fined, as prc vided by the ordinances of the Cit of Dubuque relating to the violation Special Session, August 3rd, 1928 233 of a rule or regulation of the Board of Health. Be it further resolved that pub- lic notice of the enactment of this rule and regulation be published by the Director of Public Health in the official newspapers of the City of Dubuque. Passed, adopted and approved this 3rd day of August, 1928. JOHN H. MACLAY, Mayor. Attest: JOHN STUBER, City Clerk. Councilman Schuckert moved the adoption of the resolution. Second- ed by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Schuckert and Yount. Nays —None. Absent — Councilmen Meuser. There being no further business, Board adjourned. JOHN . STUBER, Clerk Board of Health. Approved 1927. Adopted 1927. Board of Health Attest: Clerk, Board of Health. 234 Regular Session, August 6th, 1928 CITY COUNCIL (Official) Regular Session August 6th, 1928. " Council met at 5 o'clock P. M. Present - City Manager Kratz, Mayor Maclay, Councilman McEvoy, Meuser, Schuckert and Yount. Mayor Maclay stated that this is the regular monthly meeting of the Council for the dispatch of such business as may come before the meeting, and that this is also the date fixed for a hearing on the Bud- get Estimate 1929 tax and on the proposed plans, specifications and form of contract for the following improvements: BUDGET ESTIMATE AND RECORD OF FILING TOWN AND CITY Estimate NOTICE -The City Council of the City of Dubuque of Dubuque County, Iowa, will meet on the 6th day of August, 1928, at 5 p. m., at Council Chamber in the City Hall, Dubuque, Iowa. Taxpayers will be heard for or against the following estimates of expenditures at that time. FUNDS- General $ 238,000 $ 23,337 Improve- ment 59,000 Consol. Grading 35,400 Fund Sewer 59,000 Bal. Light 59,000 The above funds comprise ied as and for the same. Fire equip- ment 5,900 6,121 $5,500 Fire mainte- nance 82,600 8,991 Firemen's pension 21,650 7,811 Garbage disposal 23,600 5,411 Library 29,500 10,703 Water- works... 175,000 57,592 Park 44,800 12,709 Policemen's pension 3,950 7,319 6,000 Bond 87,600 22,130 Bond in- terest 54,000 Emergency 11,800 536 Comfort station 737 242 Play- grounds 4,425 1,358 Bridge 148 Dock 26,550 2,294 Alley first east of Center Place from Julien Avenue to Rose Street, concrete, $2,856.00 and alley first south of West 5th Street from Nev- ada Street to Booth Street, concrete, $1,160.00. Notice of publication, certified to by the publisher of a hearing on the Budget Estimate of the 1929 tax, presented. There being no remonstrance or objections filed, Councilman Meuser moved that the notice be received and filed. Seconded by Councilman Schuckert. Carried by the folowing vote: Yeas -Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert Yount. Nays -None. JOHN STUBER, City Clerk. d 0 U'o 11,0 Sr �+ 1 '�'' i 7, cd �Gcd cd O cd O 0) a1 c, p,' W8 W of z c F W $120,000 $118,000 $252,886 59,000 57,220 57,020 35,400 34,332 34,212 59,000 57,220 57,020 59,000 • 57,220 57,020 the Consolidated Fund, and will be lev- 1,000 5,900 13,271 82,600 81,106 1,000 20,650 17,516 23,600 23,000 29,500 27,946 175,000 154,848 15,300 28,500 42,529 2,950 5,142 87,600 50,500 54,000 64,185 11,800 12,000 737 600 4,425 3,000 148 26,550 10,203 Totals $1,022,660 $166,554 $11.500 $312,300 $710,360 $964,724 Estimated Taxes per $1,000,00 of assessed value, $15.05. 11 w $228,345 13,370 84,131 17,058 17,000 30,275 166,20 40,000 5,966 100,500 46,801 12,000 600 3,000 $970,525 RESOLUTION Whereas, the City Council of the City of Dubuque, Iowa, caused to be prepared and published, as provided by law, the budget estimate of ex: penditures for the fiscal year 1929, which estimate was fixed for final hearing and consideration by the City Council on the 6th day of Aug- ust, 1928; and Whereas, on said date a public hearing was duly had on said esti- mate, and said estimate was taken up for final determination by said Council and no objections having been filed or made thereto, said esti- mate was confirmed and approved. Be it, therefore, resolved by the City Council of the City of Dubuque that the budget estimate hereto- fore prepared and published be and the same is hereby finally approved and the Mayor and Clerk are hereby directed to certify the same to the County Auditor of Dubuque County, Iowa. Be it further resolved that the taxes required to be collected for the year 1928 be and the same are here- by levied for the various funds in the amounts shown in said budget estimate. Passed, adopted and approved this 6th day of August, 1928. JOHN H. MACLAY, Mayor. ED. McEVOY, H. F. SCHUCKERT, EARL YOUNT, WM. H.' MEUSER, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Meuser moved the adoption of the resolution. Second- ed by Councilman Schuckert. Car- ried by the following vote: Yeas -Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays -None. TAX LEVY RESOLUTION Be it resolved by the City Council of the City of Dubuque: That there is hereby levied a tax for municipal purposes for the en- suing year of 1929 of the following number of mills on the dollar of all taxable property within the corpor- ate limits of said city: 28 mills for the consolidated funds as provided by section 8217 of the Code of Iowa, 1927. 7 mills for fire maintenance fund. 1 /2 mill fire equipment fund. 12 mills for bond, and bond inter- est fund. 2 mills for library fund. 2 mills. for park fund. 1 / 4 mill for police pension fund. 1% mills for fire pension fund. Regular Session, August 6th, 1928 235 1 -80 Shill for bridge fund. 2 mills for dock interest and sinking fund. 1 mill for emergency fund. 1 -16 mill for comfort station fund. 3 /3 mill for play ground fund. 2 mills for street cleaning fund. 7 mills on all lands of more than 10 acres which shall be occupied in good faith and used for agricultural and horticultural purposes. Be it further resolved that all pro- perty within the corporate limits or said city is hereby determined to re- ceive benefits from and protection of each of said tax levies. Be it further resolved that the Clerk and Mayor be and they are hereby directed to certify the sums of money and above tax levies will amount to the County Auditor of Dubuque County, Iowa, on or be- fore the 15th day of August, 1928, to be by him placed upon the tax list. Passed, adopted and approved this 6th day of August, 1928. JOHN H. MACLAY, Mayor. ED. McEVOY, H. F. SCHUCKERT, EARL YOUNT, WM. H. MEUSER, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Schuckert moved the adoption of the resolution. Second7 ed by Councilman Meuser. Carried by the following vote: Yeas -Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays -None. Notice of publication certified to by the publisher, that there will be conducted a hearing on the proposed plans, specifications and form of con- tract for the improvement of the fol- lowing alleys: Alley first east of Center Place from Julien Avenue 10 Rose Street, alley first south of West 5th Street from Nevada Street. to Booth Street. There being no remonstrance, Councilman Schuckert moved that the notice be received and filed. Seconded by Councilman Meuser. Carried by the following vote: Yeas -Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays -None. RESOLUTION CONTAINING DE- CISION OF COUNCIL UPON OB- JECTIONS TO PLANS, SPECIFI- CATIONS AND FORM OF CON- TRACT AND COST OF IM- PROVEMENTS. Whereas, proposed plans and spe- cifications and form of contract for the improvement of the alley first east of Center Street from the north Regular Session, August 6th, 1928 237 of 2 of 2 of 1 of 7 of Min. Lot 159, Geo. Acker Estate, owner, width of sidewalk 5 feet; Lot 1 of 2 of 2 of 2 of 1 of 7 of Min. Lot 159, Eliz. Acker, owner, width of sidewalk 5 feet; Lot 1 of 20 Finley Home Add., C. B. Trewin, owner, with of side- walk 5 feet; Lot 82 Cook's Add., Em- ma Chatfield, owner, width of side- walk 5 feet; Lot 57 Cook's Add., T. & M. Barry, owners, width of side- walk 5 feet; Lot 56 Cook's Add., A. & J. Duertscher, owners, width of sidewalk 5 feet; Lot 29 Cook's Add., Adam Schumacher, owner, width of sidewalk 5 feet; west 60 feet Lot 28 Cook's Add., Sadie Sturm, owner, width of sidewalk 5 feet; East 77.53 feet Lot 28 Cook's addition., C. P. Mettel, owner, width of sidewalk 5 feet; Lot 22 High Street Sub., Real- ty Imp. Corp., owner, width of side- walk 5 feet; Lot I High Street Sub., Ursula Domenig, owner, width of sidewalk 5 feet; Lot 4 of part of Min. Lot 314, H. Reavell, owner, width of sidewalk 5 feet; Lot 3 of Min. Lot 314, Independent School District, owner, width of sidewalk 5 feet; Lot 2 of Min. Lot 314, Inde- pendent School District, owner, width of sidewalk 5 feet. Be it further resolved that the City Clerk be and he is hereby di- rected to publish a notice of the in- tention of the Council to construct and repair such sidewalks, down spout drains, in the official newspa- per of said city stating therein the description of the lots or parcels of real estate before which the same are to be constructed, the names of the owners and the width thereof. Be it further resolved that the City Clerk be and he is hereby di- rected to advertise for bids for the construction and repair of such side- walks, the construction of down spout drains where necessary, notice thereof to be given by two publica- tions in the official newspaper, the first of which shall not be less than 15 days before the date of receiving bids, which notice shall state the lo- cation of the proposed sidewalks, down spout drains where necessary, when the work shall be done, the terms of payment, the time when bids will be acted upon and refer the contractor to be the plans and specifications as to the manner of construction and materials to be used. Be it further resolved that the sidewalks and down spout drains shall be fully completed on or be- fore the 1st day of October, 1928. Be it further resolved that, upon the completion of said sidewalks and down spout drains, the cost thereof shall be assessed against the lots or parcels of real estate before which the same are laid and the contract- or shall be paid in sidewalk and down spout certificates in form and manner provided by law and the or- dinances of the City of Dubuque. Be it further resolved that a con- tract will be awarded to the lowest bidder reserving, however, to the Council the right to reject all bids and re- advertise for bids, if neces- sary. Passed, adopted and approved this 6th day of August, 1928. JOHN H. MACLAY, Mayor. ED. McEVOY, H. F. SCHUCKERT, EARL YOUNT, WM. H. MEUSER, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman McEvoy moved the adoption of the resolution. Second- ed by Councilman Schuckert. Car- ried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. - Report of the City Auditor for the month of July, 1928 and report of the City Treasurer for the month of July, 1928, presented for approval. Councilman Schuckert moved that the reports be approved and placed on file. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Petition of Mrs. Kate Cashman re- ferred to the City Council by the Board of Supervisors, asking that the 1927 tax on East 1 /2 of Lot 2 Sub. of Lots 245 and 246, Glendale Addition, be cancelled. Councilman Schuckert moved that the petition be received and filed and the Board of Supervisors he no- tified of the Council's action. Sec- onded by Councilman Meuser. Car- ried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. SPECIAL ORDINANCE. An Ordinance granting the Inter - State Power Company (successors to Dubuque Electric Company) its successors or assigns, the right to abandon the operation of its street railway upon the streets herein named, and setting forth the restric- tions and conditions upon which said right is granted. WHEREAS, by an ordinance duly adopted on February 14, 1922, after the submission of the same to the electors of the City of Dubuque, a franchise was granted to Dubuque In li, 236 Regular Session, August 6th, 1928 property line of Julien Avenue to the south property line of Rose Street, concrete, $2,856.00; alley first south of West Fifth Street from the west property line of Nevada Street to the east property line of North Booth Street, concrete, $1.160.00, have been approved 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 hearing of all objec- tions to said plans, specifications or contract for or cost of such improve- ments, said time being this 6th day of August, 11928; and Whereas, the City Council met in regular session pursuant to legal call this 6th day of August, 1928, at 5 o'clock P. M. at the Council Cham- bers in the City Hall for the purpose of hearing all interested parties and considering any and all objections which have been filed to the pro- posed 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- fore Be it resolved by the City Council of the City of Dubuque, that all ob- jections 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 con- tract heretofore approved are here- by 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 said improve- ments. Passed, adopted and approved this 6th day of August, 1928. JOHN H. MACLAY, Mayor. ED. McEVOY, H. F. SCHUCKERT, EARL YOUNT, WM. H. MEUSER, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman McEvoy moved the adoption of the resolution. Second- ed by Councilman Schuckert. Car- ried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. RESOLUTION ORDERING THE CONSTRUCTION AND REPAIR OF PERMANENT SIDEWALKS, FOR THE CONSTRUCTION OF DOWN SPOUT DRAINS WHERE NECESSARY, AND DIRECTING THE CLERK TO ADVERTISE FOR BIDS. Whereas, it is deemed necessary and advisable by the City Council of the City of Dubuque that perman- ent sidewalks be constructed and re- paired and down spout drains be constructed where necessary in front of the lots and parcels of real estate herein described and general plans and specifications therefore have been duly prepared by the En= gineer and approved by the Council, the cost and expense thereof to be assessed against such real estate, as provided by law; now therefore Be it resolved by the City Coun- cil of the City of Dubuque that per- manent sidewalks be and the same are hereby ordered constructed and repaired, down spout drains ordered constructed where necessary, laid and put in place according to gen- eral plans and specifications hereto- fore prepared therefor in front of and abutting upon the following de- scribed real estate, namely, to wit: Lot 1 Smedley's Sub., Chicago Great Western R. R. Co., owner; width of sidewalk six feet; Lot 2 Smedley's Sub., Chicago Great West- ern R. R. Co., owner, width of side- walk 6 feet; Lot 3 Smedley's Sub., Thos. Barry Estate, owner, width of sidewalk 6 feet; Lot - 4 Smedley's Sub., Thos. Barry Estate, owner, width of sidewalk 6 feet; Lot 5 Smedley's Sub., M. Adams Estate, owner, width of sidewalk 8 feet; Lot 6 Smedley's Sub., M. Adams Estate, owner, width of sidewalk 8 feet; Lot 7 Smedley's Sub., M. Adams Estate, owner, width of sidewalk 8 feet; Lot 8 J. H. Rhomberg, owner, width of sidewalk 8 feet; Lot 9 Smedley's Sub., J. H. Rhomberg, owner, width of sidewalk 8 feet; Lot 10 Smedley's Sub., J. H. Rhomberg, owner, width of sidewalk 8 feet; Lot 10 Smedley's Sub., J. H. Rhomberg, owner, width of sidewalk 10 feet; Lot 22 Smed- ley's Sub., Klauer Mfg. Co., owner, width of sidewalk 5 feet; Lot 3 of 1 of Min. Lot 314, Beutin - Beuhler Co., owner, width of sidewalk 5 feet; south 2 -5 of City Lot 475, St. Jo- seph's Parsonage, owner, width of sidewalk 6 feet; Lot 1 College Sub., M. L. & J. E. Kemler, owners, width of sidewalk 5 feet; Lot 21 Finley Home Add., Ella B. Wimmer, owner, width of sidewalk 5 feet; Lot 2 of 2 238 Regular Session, August 6th, 1928 Special Session, August 10th, 1928 239 Electric Company, its successors and assigns, for the maintenance and operation of a street railway upon and along certain streets and parts of streets therein referred to; and WHEREAS, under Section 11 of said ordinance the Dubuque Electric Company, its successors or assigns, is not permitted to abandon or cease the operation of any portion of said street railway system with- out the consent of the city council of the City of Dubuque; and WHEREAS, an application to abandon the street railway located on East 22nd Street from Central Avenue to Windsor Avenue and on Windsor Avenue from 22nd Street to Davis Avenue, has been made to the city council of the City of Du- buque by the Interstate Power Com- pany, the successor to the Dubuque Electric Company; and WHEREAS, the city council of the City of Dubuque after due, care- ful and diligent consideration, finds that it would be in the interest of public policy, without impairing or materially affecting continuous ope- ration of transportation service, to grant said application and authorize said company to discontinue the operation of the street railway upon and along the streets above named and abandon said lines of railway; now therefore, Be it ordained by the city council of the City of Dubuque: Section 1. That the Interstate Power Company, the successor to Dubuque Electric Company be and the same is hereby granted permis- sion to abandon the operation of its street railway upon and along the following streets, namely, to -wit: The single line of railway located upon East 22nd Street from Central Avenue to Windsor Avenue, includ- ing all turn outs and switches. The single line of railway located on Windsor Avenue from East 22nd Street to Davis Street, including all turn outs and switches, and the "Y" rails and ties in Davis Street. Section 2. That said Interstate Power Company, its successors or assigns upon the abandonment of its lines of street railway herein named shall thereafter relinquish all rights granted said company or its prede- cessor to operate a street railway upon said streets by virtue of any franchise heretofore granted by the City of Dubuque and the citizens thereof, and such privileges shall forever cease and terminate upon the passage and adoption of this or- diance. Section 3. That, as a condition to the right to abandon its street rail- way system upon said streets, said Interstate Power Company, its suc- cessors or assigns shall operate and maintain proper and adequate bus service for the transportation and convenience of persons formerly served by street railway over and along said streets, the number of busses to be used, the fare to be charged, the schedule of operation to be maintained and the route to be followed shall be submitted to the city council for its approval, the operation of such service to continue during the street railway franchise period. Section 4. That said Interstate Power Company shall remove its rails, ties, poles, wires and other appurtenances from the streets herein named at once. It shall re- place the surface of the street from which the rails and ties have been removed with the same materials and type of construction so as to conform the same to the remaining portions of the street, except- that that portion of Windsor Avenue northerly from Burden Street to Davis Street need not be thus re- placed with the exception of that portion of Davis Street from which such rails and ties have been remov- ed in Davis Street. Section 5. Said company shall alone be responsible for any dam- ages which might result to persons or property on account of the remov- al of said,railway and appurtenances from said streets and should any ac- tion for damages be brought against the City of Dubuque arising out of or through the carelessness or negli- gence of said company in causing the removal of said railway system, said company shall defend such ac- tion and pay whatever judgment may be secured against said city therein. Section 6. Said Interstate Power Company shall file with the city clerk a written acceptance of this ordinance within ten (10) days from and after its final passage and adop- tion thereof. Section 7. This Ordinance being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the city council and publication as provided by law. Passed upon first reading this 6th day of August, 1928. Passed, adopted and approved upon final reading this 6th day of August, 1928. JOHN H. MACLAY, Mayor. ED. McEVOY. HENRY F. SCHUCKERT, EARL YOUNT. WMVI. H. MEUSER, Councilmen. Attest: JOHN STUBER, City Clerk. Published officially in the Tele- graph Herald and Times - Journal newspaper, August 8, 1928. JOHN STUBER, August 8 -1t. City Clerk. Ordinance presented and read. Councilman , Schuckert 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, Meuser, Schuckert, Yount. Nays —None. Councilman Schuckert moved that the rules requiring an Ordinance to be read on three separate days be suspended. Seconded by Council- man McEvoy. Carried by the fol- lowing vote: Yeas — Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. The Ordinance was read a second time. Councilman Schuckert moved that this be considered the second read- ing of the Ordinance. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. The Ordinance was read a third time. Councilman Schuckert moved the adoption of the Ordinance. Second- ed by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Whereupon the Mayor declared the Ordinance adopted. There being no further business, Council adjourned. JOHN STUBER, City Clerk. Approved 1928. Adopted 1928. Councilmen.{ Attest: City Clerk. CITY COUNCIL (Official) Special Session, August 10th, 1928. Meeting called by order of Mayor Maclay and Councilman Meuser. Council met at 5 o'clock P. M. Present — City Manager Kratz, Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Absent — Councilman 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 conduct- ing a hearing on the plans, specifica- tions and form of contract for the improvement of Plymouth and Vic- toria Streets, adopting resolutions, awarding contracts for a sanitary sewer in Division Street, and storm sewer in Dodge Street, - and acting on any other business that may come before the meeting. Notice of publication, certified to by the publisher, that there will be conducted a hearing on the proposed plans, specifications and form of contract for the following public im- provements: Plymouth Street from the west property line of South Grandview Avenue to the easterly line of lots 20 and 22 Grandview Heights Add., estimated cost, concrete $16,274.00; and Victoria Street from the south property line of lot 37 Grandview Heights Add., estimated cost, con- crete $720.00. There being no remonstrance, 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. RESOLUTION CONTAINING DE- CISION OF COUNCIL UPON OB- JECTIONS TO PLANS AND SPE- CIFICATIONS AND FORM OF CONTRACT AND COST OF IM- PROVEMENT. Whereas, proposed plans and spe- cifications and form of contract for the improvement of Plymouth Street from the west property line of South Grandview Avenue to the east- erly line of Lot 20 and 22 Grandview Heights Add., estimated cost $16,274 and Victoria Street from the south property line of Plymouth Street to the southerly line of Lot 37 Grandview Heights Add., estimat- ed cost $720, have been approved 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 i 240 Special Session, August 10th, 1928 contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, speci- fications or contract for or cost of such improvements, said time be- ing this 10th day of August, 1928; and Whereas, the City Council met in special session pursuant to legal call this 10th day of August, 1923, at 5 o'clock p. m. at the Council Chambers in the City Hall for the purpose of hearing all interested parties and consideriog any and all objections which have been filed to the proposed plans, specifications or contract for or cost of any of the public improvements herein de- scribed 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- fore 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 said improve- ments. Passed, adopted and approved this 10th day of August, 1928. JOHN H. MACLAY, Mayor. ED. McEVOY, H. F. SCHUCKERT, WM. H. MEUSER, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman McEvoy moved the ad- option 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. RESOLUTION AWARDING CONTRACT Whereas, proposals have been submitted by contractors for the construction of a sanitary sewer in Division Street from a point about 90 feet north from the sanitary sew- er in West 24th Street to a point about 176 feet north and Cook & Kean, contractors, have submitted the lowest bid for the furnishing of all labor and materials and perform- ing the work as provided for in the plans and specifications; now there- fore, Be it resolved by the City Council of the City of Dubuque that the con- tract for the construction of the san- iary sewer in Division Street from a point about 90 feet north from the sanitary sewer in West 24th Street to a point about 176 feet north be awarded to Cook & Kean and the Mayor and Manager be and they are hereby directed to execute a contract on behalf of the City of Dubuque for the complete perform- ance of said work. Be it further resolved that this resolution being deemed urgent and of immediate necessity become ef- fective from and after its passage and adoption by the City Council. Approved Aug. 3rd, 1928 and or- dered placed on file one week for public inspection. Passed and adopted this 10th day of August, 1928. JOHN H. MACLAY, Mayor. ED. 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 Schuckert. Nays —None. Absent — Councilman Yount. RESOLUTION AWARDING CONTRACT Whereas, proposals have been sub- mitted by contractors for the con- struction of a storm water sewer in Dodge Street from the end of the present storm water sewer in Dodge Street to a point about 165 feet east and Anton Zwack, Inc., contractor, has submitted the lowest bid for the furnishing of all labor and materials and performing the work as provid- ed for in the plans and specifica- tions; now therefore, Be it resolved by the City Coun- cil of the City of Dubuque that the contract for the construction of the storm water sewer in Dodge Street from the end of the present storm water sewer in Dodge Street to a point about 105 feet east be awarded to Anton Zwack, Inc., and the May- or and Manager be and they are hereby directed to execute a con- tract on behalf of the City of Du- buque for complete performance of said work. Approved this 3rd day of August, 1928, and placed on file for one week for public inspection. Passed and adopted this 10th day of August, 1928. JOHN H. MACLAY, Mayor. ED. 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 Schuckert. Nays —None. Absent— Councilman Yount. August 10, 1928. To the Honorable Mayor and City Council, Dubuque, IoWa. Gentlemen: I wish to recommend that the following be appointed to serve on the Dubuque Playgrounds and Recreational Commission: Henry Baumgartner, P. K. Kar- berg, Geo. J. Roepsch, Alois M. Hoff- mann, Milton J. Glenn, John Knoll, C. F. Cody✓Mrs. Geo. M. Meyers,V O. A. Kratz. Very respectfully submitted, O. A. KRATZ, City Manager. Councilman Schuckert moved that the recommendation of the City Manager be approved and the ap- pointments be made as recommend- ed. Seconded by Councilman Mc- Evoy. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent — Councilman Yount. Ordinance No. 205 having passed first and second reading, preser}tied and read a third time. ORDINANCE NO. 205. AN ORDINANCE PROHIBITING THE SALE OF CERTAIN MER- CHANDISE FROM TEMPORARY STANDS UPON THE STREETS AND SIDEWALKS; PROVIDING FOR A LICENSE FOR CONDUCT - IND OUTDOOR SHOWS AT WHICH ARTICLES OF MER- CHANDISE ARE SOLD; AND RE- PEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. Be it Ordained by the City Council of the City of Dubuque: Par. 967. SALES PROHIBITED. Section 1. That it shall be unlaw- ful for any person. firm or corpora- Special Session, August 10th, 1928 241 tion to sell or offer for sale any goods, wares or merchandise from temporary stands upon the streets, alleys and sidewalks of the city of Dubuque to which people are at- tracted by loud talking, singing, music, unusual noises or entertain- ment or the use of flares or lights. Par. 968. OUTDOOR SHOWS REGULATED — LICENSE. Section. 2. That no person, firm or corpora- tion shall hold or conduct outdoor shows upon property privately own- ed at which jewelry, medicines and other goods, wares or merchandise are sold or offered for sale without_ first procuring a license therefor, for which license there shall be paid, in advance, the sum of $50.00 for the first day or part day and $25.00 for each day or part of a day thereafter. Nothing herein shall be construed to apply to the holding of lawn fetes or bazaars that may be held by churches, schools or charitable or- ganizations. Par. 969. PENALTY. Section 3. Any person, firm or corporation who violates any of the provisions of this ordinance shall be deemed guilty\ of a misdemeanor and, upon convic- tion, shall be fined not less than $10.00 or more than $100.00 and if such fine be not paid, by imprison- ment for not less than 3 days or more than 30 days. Par. 970. REPEAL. Section 4. That all ordinances or parts of ordi- nances in conflict herewith be and the same are hereby repealed. Section 5. This ordinance shall be in force and effect 10 days from and after its final passage and adoption by the City Council and publication as provided by law. Passed upon first and second read- ing this 3rd day of August, 1928. Passed, adopted and approved up- on final reading this 10th day of Aug- ust, 1928. JOHN H. MACLAY, Mayor. ED M'EVOY, HENRY F. SCHUCKERT, WM. H. MEUSER, Councilmen. Attest: JOHN STUBER, City Clerk. Published officially in the Tele- graph- Herald and Times - Journal newspapers ) Aug. 14, 1928. JOHN STUBER, 8 -14 -1t City Clerk. 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. 206 having passed 1 for sale or used must be of the standard sized provided by .Section 3239 of the Code of Iowa, 1927. Par. 974. Section 4. BOTTOM- LESS MEASURES. Bottomless dry measures shall not be used unless they conform in shape to the U. S. Standard dry measures. Par. 975, Section 5. MILK BOT- TLES. The standard bottle used for the sale of milk or cream shall be of a capacity of one -half gallon, three pints, one quart, one pint, one - half pint, and one gill filled full to the bottom of the lip. Par. 976, Section 6. FLOUR. A barrel of flour shall consist of 196 pounds avoirdupois, and one - fourth barrel consisting of 49 pounds shall be a sack of flour. Par. 977, Section 7 Sales of com- modities bought or sold by weight or measure shall be bought or sold only by the standards established herein, unless the vendor and vendee otherwise agree. Sales by weight shall be avoirdupois weight unless Troy weight is agreed upon by the vendor and vendee. Par. 978, Section 8. BREAD. The standard weight for a loaf of bread shall be one pound avoirdu- pois weight. Bread may only be sold in loaves of one -half pound, one pound, one and one - fourth pound, an = mm1i 1 hRU_nd, or multiples of one pound avoirdupois weight and there shall be printed upon the wrapper, of each loaf of bread in plain conspicu- ous type the name and address of the manufacturer and the weight of the loaf in terms of one of the standards herein specified. Any per- son, who, by himself or by the sery ant or agent or as the servant or agent of another, shall violate any of these provisions shall be punished by a fine of not less than $5.00 nor more than $100.00 or by imprison- ment not to exceed 30 days in jail. Par. 979, Section 9. COAL, ETC. It shall be unlawful to sell, or of- fer for sale, any coal, coke or char- coal in any manner other than by weight, or represent any of said commodities as being the products of any county, state or territory, ex- cept that in which it is mined or produced, or represent that said commodities contain more BTU'S than are present therein; or deliver any of said commodities without ac- companying each delivery with du- plicate delivery tickets, on each of which shall be written in ink or other indelible substance, distinctly expressed in pounds, the gross weight of the coal, the tare of the vehicle, and the net weight of the Special Session, August 10th, 1928 243 commodity, with the names of the purchaser and the dealer thereon one of which tickets shall be re- tained by the dealer and the other given to the purchaser. Par. 980, Section 10. HAY OR STRAW. It shall be unlawful for any person to sell or offer for sale any bales of hay or straw without attaching thereto a plain and con- spicuous statement of the minimum net weight thereof. Par. 981, Section 11. INSPECTION. Authority is hereby conferred upon the Market Master or any Police Officer to stop any wagon, auto truck or other vehicle loaded with any commodity being bought, offered or exposed for sale, or sold, and compel the person in charge of the same to bring the load to a public scales and weighed for the purpose of determining the net weight there- of, and any person failing or refus- ing to comply with such request shall be guilty of a misdemeanor and punished by a fine of not less than $5.00 nor more than $25.00, or imprisoned for a corresponding num- ber of days. Par. 982, Section 12. CITY SEALER. The Market Master is hereby appointed City Sealer. He shall take charge of and provide for the safe keeping of all stand- ards of weights and measures which may be obtained from any State de- partment, and see that the weights, measures and all apparatus used for determining the commodity or commodities sold throughout the city agree with the standards in his possession. Par. 983, Section 13. TESTING. Such officer shall, upon written re- quest of any citizen, firm or corpor- ation, test any weights, measures, weighing or measuring device, or in- strument or apparatus used for standards and, may from time to time, without such request, make such test in order to see that the weights and measures used by any person, firm or corporation comply with the requirements of this ordin- ance. Where such test is made at the request of another } such party shall deposit $1.00 with the officer. If the device tested is found to be correct the deposit fee of $1.00 shall be forfeited by the person for whom the test was made. If the device is found to be incorrect such de- posit fee shall be returned to the de- positor and the person whose de- vice was tested shall pay to the of- ficer a fee of $1.00, which fee shall be in addition to any other penalty or fee provided for in this ordin- ance. Par. 984, Section 14. FALSE l I' i 242 Special Session, August 10th, 1928 upon first and second reading, pre- sented and read a third time. ORDINANCE NO. 206. AN ORDINANCE AMENDING AN ORDINANCE ENTITLED "ORDI- NANCE NO. 62. AN ORDINANCE LICENSING AND REGULATING PEDDLERS" BY REPEALING PARAGRAPH 464, SECTION, AND ENACTING A SUBSTITUTE ITV LEIU THEREFOR. Be it ordained by the City Council of the City of Dubuque: Section 1. That Paragraph 464, Section 2, of an ordinance entitled "Ordinance No. 52. An Ordinance licensing and regulating peddlers" be and the same is hereby repealed. Section 2. That in lieu of said re- pealed section there be and there is herby enacted the following: "Par. 464. Other peddlers. Sec- tion 2. All peddlers not herein oth- erwise designated who shall sell or offer for sale goods, wares and mer- chandise from house to house or along the streets, whether the same operate from vehicles or on foot, shall pay a license fee in the sum of $10.00 per day, which fee shall be payable in advance, and the li- cense to be issued shall only cover the period for which such fee is paid. Any person licensing hereun- der to do business as a peddler shall wear a badge 4 inches in diame- ter having printed or written there- on the word "peddler" which badge shall be issued with the permit. In addition to the license fee herein prescribed, such person shall, at the time the badge referred to is issued. deposit the sum of $5.00 with the of- ficer issuing the sane as a guaranty that such badge will be returned and, if such badge is returned said de- posit shall be returned, otherwise the same shall be retained as com- pg sation for the badge. Section 3. This ordinance shall be in force and effect ten days from and after its final passage and adop- tion by the City Council and publica- tion as provided by law. Passed upon first and second read- ings this 3rd day of August, 1928. Passed, adopted and approved up- on final reading this 10th day of August, 1928. JOHN H. MACLAY, Mayor, ED. McEVOY, HENRY F. SCHUCKERT, WM. H. MEUSER, Councilmen. Attest: JOHN STUBER, City Clerk. Published officially in the Tele- graph- Herald and Times- Journal newspaper Aug. 14th, 1928. JOHN STUBER, Aug. 14 -1t. City Clerk. Councilman McEvoy moved the ad- option of the Ordinance. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Mouser and .Schuckert. Nays —None. Absent — Councilman Yount. Ordinance No. 207 having passed upon first and second reading, pre- sented and read a third time. ORDINANCE NO. 207. V AN ORDINANCE ESTABLISHING WEIGHTS AND MEASURES FOR THE CITY OF DUBUQUE; APPOINTING THE MARKET MASTER CITY SEALER AND AUTHORIZING HIM TO TEST WEIGHTS AND MEASURES; AND PRESCRIBING A PENALTY FOR VIOLATION HEREOF. Be it ordained by the city council of the city of Dubuque: Par. 971, Section 1. STANDARD ESTABLISHED. The weights and measures which have been approved,' standardized and adopted by the State of Iowa shall be the standard weights and measures to be used in the sale of all products required to be sold by weight or measure in the city of Dubuque. Par. 972, Section 2. DRY COM- i\IODITIES. All dry commodities unless bought or sold in package or wrapped form shall be bought or sold only by the standard weight or measure provided by the laws of Iowa, or by numerical count, unless the parties otherwise agree in writ- ing; provided, however, that the fol- lowing articles are exempt there- from: (a) Drugs and section honey- comb; (b) when any of the commod- ities enumerated in Section 3236 of the Code of Iowa, 1927, are sold by the basket or fractional part there- of, except when sold as provided in Subdivision C and D hereof, the measure shall be determined by avoirdupois weight and shall be com- puted as provided for in said sec- tion; (c) raspberries, cherries, strawberries and similar berries, also onion sets in quantities of one peck or less may be sold by the quart, pint, or half pint; and (d) grapes, other fruits and vegetables may be sold in climax baskets, but such containers shall be labeled with the net weight of the contents there- on. Par. 973, Section 3. BERRY BOXES AND CLIMAX BASKETS. Berry boxes offered for sale or used must have an interior capacity of one quart, pint, or half pint dry measure. Climax baskets offered 244 Special Session, August 10th, 1928 WEIGHTS — PENALTY. If any per - san engaged in the purchase or sale of any commodity by weight or measure has in his possession any inaccurate scales, weights, or meas- ures, or other apparatus for deter- mining the quantity of any commod- ity, which do not conform to the standard weights or measures, he shall be punished by a fine of not less than $5.00 or more than $25.00, or by imprisonment for a corres- ponding number of days. Any per- son shall be deemed to have violated the provisions of this ordinance, 1st. If he shall sell, trade, deliver, charge for or claim to have delivered to a purchaser an amount of any commodity which is less in weight or measure than that. which is ask- ed for, agreed upon, claimed to have been delivered or noted on the deliv- ery ticket, 2nd, if he makds settle- ment for or enter claim based upon any false weight or measure for any commodity purchased. 3rd, If he makes settlement for or enter claim, based upon any false weight or measure for any labor when the price of producing the same is de- termined by weight or measure; and 4th, If he record a false weight or measure upon a weight ticket or book. Par. 985, Section 15. Whenever the penalty for violation of this ordin- ance is not herein specifically stated, such penalty shall be a fine of not to exceed $100.00 or imprisonment not to exceed 30 days in jail. Section 16. PUBLICATION. This ordinance shall be in force and ef- fect ten 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 readings this 3rd day of August, 1928. Passed, adopted and approved upon final reading this 10th day of August, 1928. JOHN H. MACLAY, Mayor. ED. McEVOY, HENRY F. SCHUCKERT, WM. H. MEUSER, 'St Councilmen. Attest: JOHN STUBER, City Clerk. Published officially in the Tele- graph- Herald and Times - Journal newspaper Aug. 14, 1928. I JOHN STUBER, Aug. 14 -1t Clty Clerk. Councilman Schuckert moved that the Ordinance be amended by strik- ing out that part of Paragraph 976 which reads "no barrel or sack of flour shall be sold which contains less than the amount hereinbefore specified." Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent — Councilman Yount. Councilman Schuckert moved that the Ordinance as amended be adopt- ed. Seconded by Councilman Mc- Evoy. Carried by the following vote: Yeas —Mayor Maclay, Councilman McEvoy, Meuser and Schuckert. Nays —None. Absent — Councilman Yount. Ordinance No. 208 having passed first and second reading, presented and read a third time. ORDINANCE NO. 208. AN ORDINANCE LAYING OUT AND ESTABLISHING A STREET OVER AND ACROSS LOT 1 OF THE SUBDIVISION OF LOT 60 AND LOT 1 OF THE SUBDIVIS- ION 01' LOT 61 IN GRANDVIEW HEIGHTS ADDITION AND ACROSS A STRIP OF LAND 16 FEET IN WIDTH LYING BE- TWEEN SAID LOTS FORMERLY PLATTED AND DEDICATED AS A LANE OR ALLEY, SAID STREET THUS ESTABLISHED TO BE A CONTINUATION OF PLYMOUTH STREET IN THE CITY OF DUBUQUE. Whereas, The City of Dubuque is the owner of Lots 60 and 61 in Grandview Heights Addition to the City of Dubuque and of a strip of land 16 feet in width lying between said lots formerly platted and dedi- cated as a lane or alley; and Whereas, Said Lots 60 and 61 Grandview Heights Addition have been subdivided into Lots 1 and 2 of Lot 60 and Lots 1 and 2 of Lot 61 Grandview Heights Addition; and • Whereas, It is deemed necessary and advisable by the City Council of the City of Dubuque to establish and lay out a strut over and across said Lot 1 of Lot 60 and Lot 1 of 61 Grandview Heights Addition and across said strip of land herein re- ferred to in order to make a con- tinuation of Plymouth street: Now therefore Be it Ordained by the City Council of the City of Dubuque: Par. 986 Section 1. That Lot 1 of Lot 60 and Lot 1 of Lot 61 Grand- view Heights Addition to the City of Dubuque and a strip of land 16 feet in width lying between said lots formerly platted and dedicated as a lane or alley be and the same are hereby Laid out, established and dedicatee to the City of Dubuque for street purposes. - Par. 987. Section 2. That the street hereby established, laid out and dedicated as provided for in Section 1 hereof be and the same is hereby established and declared to be a continuation of Plymouth street and the :,ame shall be hereafter known as a part of said Plymouth street. Section 3. 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 and second read - ing this 3rd day of August, 1928. Passed, adopted and approved up- on final reading this 10th day of Aug- ust, 1928. JOHN H. MACLAY, Mayor. ED McEVOY, HENRY F. SCHUCHERT, WM. H. MEUSER, Councilmen. Attest: JOHN STUBER, City Clerk. Published officially in the Tele- graph- Herald and Times - Journal newspaper Aug. 14th, 1928. JOHN STUBER, 8 -14 -1t City Clerk, Councilman McEvoy 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 James Lavin, asking that a sanitary sewer be installed in Avoca Street, from Cherry Street to Green Street, at the same time the sanitary sewer is installed in Green Street running east from As- bury Street. Councilman Meuser 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, Schuckert. Nays —None. Absent — Councilman Yount. Petition of Lange Insurance Co., asking that the bond of Mr. Radloff, general contractor, be cancelled, as he refuses to pay the premium. 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 May Jones, asking that the second half of the 1927 tax on building on leased land be cancelled, (land belongs to the City). Councilman McEvoy moved that the petition be refereed to the City Special Session, August 10th, 1928 245 Solicitor. Seconded by Councilman Schuckert, Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent — Councilman Yount. Bond of City Auditor, Fred Gant - ert, presented for approval. Being property executed, Council- man Schuckert moved that the bond be received and placed on file. Sec- onded by Councilman McEvoy. Car- ried by the following vote: Yeas — Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent — Councilman Yount. An Ordinance establishing a grade on the north side of Plymouth Street being profile No. 1201, pre- sented and read. Councilman Schuckert moved that this be considered the first reading of the Ordinance. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent — Councilman Yount. Councilman Schuckert moved that the rules requiring an Ordinance to be read on three separate days be suspended. Seconded by Council- man Meuser. 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 Schuckert moved that this be considered the second read- ing of the Ordinance. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent — Councilman Yount. An Ordinance changing the grade on Spruce Street from Julien Aven- ue to Wilbur Street, being profile No. 1202, presented and read. Councilman Schuckert moved that this be considered the first reading of the Ordinance. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent — Councilman Yount. Councilman Schuckert moved that the rules requiring an Ordinance to be read on three separate days he suspended. Seconded by Councilman McEvoy. Carried by the following vote: 246 Special Session, August 10th, 1928 Yeas — Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent — Councilman Yount. The Ordinance was read a second time. Councilman Schuckert moved that this be considered the second read- ing of the Ordinance. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent -- Councilman Yount. An Ordinance establishing a grade on Spruce Street from Julien Aven- ue to Wilbur Street, being profile No. 1203, presented and read. Councilman Schuckert 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 and Schuckert. Nays —None. Absent — Councilman Yount. Councilman Schuckert moved that the rules requiring an Ordinance to be read on three separate days be suspended. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent — Councilman Yount. The Ordinance was then read a second time. Councilman Schuckert 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 and Schuckert. Nays —None. Absent — Councilman Yount. A Resolution from the Dubuque Labor Congress requesting that the Dubuque Leader be named as one of the official papers for publication of Council proceedings and Official no- tices of the City of Dubuque. Councilman Schuckert moved that the petition be referred to the City Council and City Manager. Second- ed by Councilman McEvoy. Carried by the following vote: Yeas — Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent — Councilman Yount. Councilman Schuckert moved that the matter of B. A. Ruegnitz who refuses to file a sign bond with the City and also refuses to remove his sign, be referred to the City Solic- itor. Seconded by Councilman Mc Evoy. 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. CITY COUNCIL (Official) Special Session August 13th, 1928. Meeting called by order of Mayor Maclay and Councilman Meuser. 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 adopting resolutions of necessity for the im- provement of the alley, first east of Center Place from Julien Avenue to Rose Street, and alley first south of West 5th Street from Nevada Street to North Booth Street, and acting on any other business that may come before the meeting. Notice of pendency of resolution of necessity certified to by the pub- lisher of the City Council's intention to improve the alley first east of Center Place from north property line of Julien Avenue to the south property line of Rose Street, and the alley first south of West Street from the west property line of Nevada Street to the east property line of North Booth Street, presented and read. 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, Schuckert, Yount. Nays —None. A remonstrance filed by citizens and taxpayers, objecting to the pro- posed improvement of the alley first south of West 5th Street, pre- sented and read. The object for the following reasons: 1st —That the improvement is not necessary, the alley being in better condition than many of our prom- inent streets. 2nd —For the reason that the pro- posed assessment on the various parcels of porperty is inequitable and not in proportion to the bene- fits accruing as provided by law. 3rd —That the cost of the improve- ment as estimated by the Council is too high, and that the under- signed did not see the notice of a hearing of the resolution of nec- essity passed by the Council on Aug. 6th, and that each of the under- signed objects to the amount pro- posed to be assessed against each of his lots. 5th —That more than 75% of the property are opposed to the improve- ment hereinbefore mentioned. Signed Special Session, August 13th, 1928 247 by M. E. McEnany, Leo Siegerich, Emma J. Hein, et al (11 signers). Councilman Meuser moved that the rules be suspended, to allow any- one present who wishes to do so, to address the Council. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Messrs. McEnany, Imhof and Mrs. Carey addressed the Council, rela- tive to the proposed improvement of said alley, and along the lines as outlined in the petition. Mr. Imhof stating that he was not opposed to having the alley improved, but that it should be done with a cheaper ma- terial. That concrete brings the price too high. Councilman Meuser moved that the petition be made a matter of rec- ord, and referred to the Council to view the ground. Seconded by Coun- cilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Councilman Meuser moved that the resolution of necessity for the improvement of the alley first south of West 5th Street be referred back to the Council. Seconded by Coun- cilman McEvoy. Carried by the fol- lowing vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. RESOLUTION NO. 6 -1928 RESOLUTION OF NECESSITY FOR THE CONSTRUCTION OF AL- LEY IMPROVEMENTS CONSIST- ING OF GRADING, PAVING 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 office of the Clerk, showing the al- leys to be improved, the boundaries of the districts, 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 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 upon petition 248 Special Session, August 13th, 1928 of property owners, that it is deemed necessary or advisable to build, con- struct and put in place certain alley improvements, as herein described in, upon and along the following al- leys to wit : Alley first east of Cen- ter Place from the north property line of Julien Avenue to the south property line of Rose Street. Such alley improvements shall con- sist of grading, paving, draining and the paving shall be constructed of six inch plain concrete. All of the grading, paving, shall be constructed and done in accord- ance with the plans and specifica= tions 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. 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 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. Be it further resolved that under- ground connections with sewer, wat- er and gas mains in said alleys be deemed necessary and the same are ordered made to the curb lines of adjacent property before said alleys are improved and that a written no- tice to make such connections with- in ten days from the service there- of be given to the owner or owners of such property and, in the event, such connections are not made with- in said time, then such work will be done under contract and the cost thereof will be assessed to the pro- perty 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 proper- ty, 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 alleys 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 contract and the cost there- of 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 by constructed according to specifica- tions prepared therefor. That separate contracts will be en- tered into for each alley improve- ment, 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 13th day of August, 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 instructed 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 news- paper of said City, in the manner and for the time prescribed by law, at which time the owners of pro- perty subject to assessment for any of said proposed improvements may appear and make objections 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 pub- lished this 25th day of July, 1928. Approved: WM. H. MEUSER, Mayor pro tem. ED. McEVOY, H. F. SCHUCKERT, Councilmen. Attest: JOHN STUBER, City Clerk. Record of Final Adoption The foregoing resolution was fin- ally passed and adopted, as pro- posed, by the City Council this 13th day of August, 1928. JOHN H. MACLAY, Mayor. ED. McEVOY, H. F. SCHUCKERT, WM. H. MEUSER, EARL YOUNT, 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 pro- perty owners and by the owners of '75% of the property subject to as- sessment. JOHN STUBER, City Clerk. Councilman Meuser moved the adoption of the resolution. Second- ed by Councilman Schuckert. Car- ried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. RESOLUTION ORDERING THE CONSTRUCTION OF ALLEY IM- PROVEMENTS AND THE MAK- ING OF UNDERGROUND CON- NECTIONS; AND DIRECTING THE CLERK TO ADVERTISE 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 25th day of July, 1928, the alleys and other public improve- ments described herein be and the same are hereby ordered by this Council upon its motion and with or without the petition of property own- ers, the alley improvements to con- sist of grading and paving in and up- on the following named alleys, to wit: Alley first east of Center Street from the north property line of Jul- ien Avenue to the south property line of Rose Street; the paving to consist of six inch plain concrete. 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 alleys are hereby ordered made to the proper- ty line of adjacent property. Be it further resolved that the cost and expense of the alley im- provements be paid for by levying special assessments against the pri- vately owned property lying within the assessable distance from the im- Special Session, August 13th, 1928 249 provements, whether such property abut upon the same or are adjacent thereto, according to the area there- of and in proportion to the special benefits conferred, and any deficien cy will be paid out of the general or the improvement funds of the City, or partly from each of such funds. Payment 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 expense of making un- derground connections shall be lev- ied against the lots or parcels of real estate for whose benefits they are made and the contractor shall be paid either in cash upon comple- tion and approval or by certificates that may be issued in anticipation of the collection of the assessments. Be it further resolved that separ- ate contractss will be entered into for each alley improvement and as- sessments 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 bids for the construction of the var- ious improvements herein provided for in the manner provided by law, all of which improvements shall be completed on or before the 15th day of October, 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. Passed, adopted and approved this 13th day of August, 1928. JOHN H. MACLAY, Mayor. ED. McEVOY, WM. H. MEUSER, H. F. SCHUCKERT, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Schuckert moved the adoption of the resolution. Second- ed by Councilman Meuser. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Sign bond of Landon & Correll, presented for approval. The bond being properly executed, Councilman Meuser moved that it be received and placed on file. Sec- onded by Councilman McEvoy. Car- ried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. 250 Special Session, August 15th, 1928 RESOLUTION OF THE DUBUQUE KIWANIS CLUB Be it resolved by the Dubuque Ki- wanis Club of the City of Dubuque that it is deemed necessary and ad- visable by the members of this club that a plot of ground in the City of Dubuque generally known as Olinger Park be purchased by the City of Dubuque for playground and recrea- tion purposes. Be it further resolved that the City Council be and it is hereby peti- tioned to submit the question of pur- chasing the same to the electors of the City of Dubuque at a special election to be held in conjunction with the general election in Novem ber, 1928. Be it further resolved that the president and secretary of this club be authorized to sign this resolution on behalf of the members of the club and present the same to the City Council at the next meeting thereof and urge upon said Honorable Body favorable consideration of the same. The foregoing resolution was duly adopted by unanimous vote of the members of the Dubuque Kiwanis Club at a regular meeting held July 9th, 1928, and the president and sec- retary have signed the same pursu- ant to authority fixed on them by said members. DUBUQUE KIWANIS CLUB, H. M. Pahlas, President. L. C. Kelly, Secretary. Councilman Meuser moved that the resolution be referred to the Council for consideration. Second- ed by Councilman Schuckert. Car- ried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Mouser, Schuckert, Yount. Nays —None. There being no further business, Council adjourned. JOHN STUBER, City Clerk. Approved 1928. Adopted 1928. Councilmen Attest: City Clerk. CITY COUNOIL (Official) Special Session August 15th, 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 and Schuckert. Absent — Councilman Yount. Mayor Maclay read the call and stated that this meeting is called for the purpose of adopting resolutions of necessity for the improvement of Plymouth Street and Victoria Street and acting on any other business that may come before the meeting. Notice of publication certified to by the publisher of the City Coun- cil's intention to improve Plymouth Street from the west property line of South Grandview Avenue to the easterly line of lots 20 and 22 Grand- view Heights Add. and Victoria Street from the south property line of Plymouth Street to the southerly line of lot 37 Grandview Heights Add., presented and read. There being no reconstrance, Councilman Schuckert moved that the notice be received and filed. Sec- onded by Councilman McEvoy. Car- ried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent — Councilman Yount. RESOLUTION NO. 7 -1928 RESOLUTION OF NECESSITY FOR THE CONSTRUCTION OF STREET IMPROVEMENTS, CON- SISTING OF GRADING, PAVING, CURBING, GUTTERING, DRAIN- ING, AND BY CONSTRUCTING BOULEVARD ELECTRIC LIGHT FIXTURES; 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 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 upon petition of property owners, that it is deemed necessary or advisable to build, con- struct and put in place certain street improvements, as herein described, in, upon and along the following streets to wit: Plymouth Street from the west property line of South Grandview Avenue to the easterly line of Lots 20 and 22 Grandview Heights Addition and Victoria Street from the south property line of Plymouth Street to the southerly line of Lot 37 Grandview Heights Addition. Such street improvements shall consist of grading, paving, draining, curbing, guttering and constructing boulevard electric light fixtures ,the curb and gutter shall be constructed of concrete or old stone curb may be reset, and the paving shall be constructed of 6 inch plain concrete. All of the grading, paving, curb- ing, guttering and constructing bou- levard electric light fixtures shall be constructed 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 sewer drains shall be con- structed 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 fund 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 contract has been performed and ac- cepted and the proceeds thereof used to pay the contractor. Be it further resolved that under- ground connections with sewer, water 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 writ- ten notice to make such connections 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 property for which the same have been made. One connection shall be required of each lot of 50 Special Session, August 15th, 1928 251 linear feet unless the lot is subdivid- ed 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 connections 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 nec- essary to be constructed, recon- structed or repaired and such work shall be done under contract and the cost thereof assessed to the pro- perty for whose benefits such im- provements are made in the man- ner provided by law. All undersigned 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 reso- lution, 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 15th day of August, 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 instructed 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 newspaper 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 objections 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 110- • 252 Special Session, August 15th, 1928 tice of its pendency ordered pub- lished this 27th day of July, 1928. Approved: JOHN H. MACLAY, Mayor. ED. McEVOY, WM. H. MEUSER, H. F. SCHUCKERT, Councilmen. Attest: JOHN STUBER, City Clerk. Record of Final Adoption The foregoing resolution was fin- ally passed and adopted, as pro- posed, by the City Council this 15th day of August, 1928. JOHN H. MACLAY, Mayor. ED. McEVOY, WM. H. MEUSER, H. F. SCHUCKERT, 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 has been filed with the Council signed by 60% of the pro- perty owners and by the owners of 75% of the property subject to as- sessment. JOHN STUBER, City Clerk. Councilman Schuckert moved the adoption of the resolution. Second- ed by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent — Councilman Yount. RESOLUTION ORDERING THE CONSTRUCTION OF STREET IMPROVEMENTS; THE MAK- ING OF UNDERGROUND CON- NECTIONS; THE CONSTRUC- TION OF BOULEVARD ELEC- TRIC LIGHT FIXTURES, PER- MANENT SIDEWALKS, DRAINS AND DRVEWAYS; AND DIRECT- ING THE CLERK TO ADVER- TISE 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 bf this Council on the 27th day of July, 1928, the street and other public improvements described herein be and the same are hereby ordered by this Council upon its own motion and with or without the petition of property owners, the street improvements to consist of grading, paving, draining, curbing and guttering, and construct- ing boulevard electric light fixtures in, and upon and along the follow- ing named streets, to wit: Plym- outh Street from the west properly line of South Grandview Avenue to the easterly line of Lots 20 and 22 Grandview Heights Add. and Vic- toria Street from the south property line of Plymouth Street to the south- erly line of Lot 37 Grandview Heights Add. by paving the same with six inch plain concrete and the curb and gutter to be of concrete construction, or old stone curb may be reset where advisable. All of the work shall be constructed in ac- cordance with the plans and speci- fications 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. Be it further resolved that the sidewalks, driveways to private pro- perty and water drains along said streets be and the same are hereby constructed, reconstructed or re- paired. Be it further resolved that the boulevard electric light fixtures along said streets be and the same are hereby ordered constructed. Be it further resolved that the cost and expense of the street im- provements and boulevard light fix- tures 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 deficien- cy will be paid out of the general or the improvement funds of the City, or partly from each of such funds. Payment will be made to the con- tractor out of funds realized from the sale of bonds to be issued in anticipation of deferred payments of assessments as provided by law af- ter the work has been completed and accepted by the City Council. The cost and expense of making underground connections shall be levied against the lots or parcels of real estate for whose benefit they are made and the cost and expense of constructing, reconstructing or repairing sidewalks, drains and driveways shall be levied against the lots or parcels of real estate for whose benefit they are made and the contractor shall be paid either in cash upon completion and ap- proval or from the proceeds 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 continuous or connected thorough- fare and the limits are defined, and assessments 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 15th day of October, 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. Passed, adopted and approved this 15th day of August, 1928. JOHN H. MACLAY, Mayor. ED. McEVOY, WM. H. MEUSER, H. F. SCHUCKERT, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Schuckert moved that the resolution be adopted and placed on file for one week for public in- spection. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent — Councilman Yount. Sign bond of Leo Christ and sign bond of Sanders Auto Supply Co., presented for approval, Being properly executed, Council- man Schuckert moved that they be received and placed on file. Second- ed by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent — Councilman Yount. Petition of Eva Meisenberg, refer- red to the Council by Board of Su- pervisors, asking that the 1926 tax on lots 789 and 790 McDaniel's Sub. be concelled. Councilman Schuckert moved that the petition be referred to the City Solicitor. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent — Councilman Yount. Petition of Wm. Muening, referred to the Council by Board of Super- visors, asking that the second half of the tax on lot south 20 ft. and 4 Special Session, August 15th, 1928 253 in. of M 1 -5 of City Lot 442 be can- celled. Councilman Schuckert moved that the petition be referred to the City Solicitor. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent — Councilman Yount. Petition of Wm. Rusch, referred to the Council by the Board of Su- pervisors, asking that the 1928 tax on lot 1 of 156 and 1 of 156a, L. H. Langworthy Add. raised from $1300 in 1927 to $2400 in 1928 be reduced to where it was. Councilman Schuckert moved that the petition be referred to the City Solicitor. Seconded by Councilman McEvoy. Carried by the folowing vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent — Councilman Yount. Communication from Interstate Power Co. August 15th, 1928. Mr. O. A. Kratz, City Manager, Dubuque, Iowa. Dear Sir: Complying with stipu- lations in special Ordinance which was adopted by the City Council on the 6th day of August in which per- mission was given to the Interstate Power Co. to abandon street car tracks on Central Avenue and Wind- sor Street and the substitution of bus service in lieu of street car ser- vice. This Ordinance carried a request that the Interstate Power Co. file a formal acceptance of the terms of this Ordinance, and inasmuch as it is my understanding that it is the desire and request of the City Coun- cil and yourself that all rails be re- moved, and that such ties as are im- bedded in crushed rock sub -base be removed, but that ties which are laid in concrete sub -base wil not be removed, but that the top of these ties will be treated with a moisture proof asphaltic coating, and that all pavement is to be re- placed in good condition. That portion of the track where ties are imbedded in concrete sub- base lies between Merz Street and the end of the present pavement, which is near the entrance of Lin- wood cemetery. The Interstate Power Company hereby accepts the terms and con- ditions as outlined in this Ordinance and described herein. Very truly yours, INTERSTAE POWER CO, By C. E. Dove, Mgr., Southern Division. the petition be referred to the City Manager with power. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent — Councilman Yount. Councilman Schuckert moved that the rules be suspended to allow any one present who wishes to do so, to address the Council. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent— Councilman Yount. Mr. T. M. Smith addressed the Council, asking permission to exca- vate in Wood Street for the purpose of making sewer connections to his property. Councilman Schuckert moved that the matter be referred to the City Manager and Engineer with power. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent— Councilman Yount. Petition of T. J. Mulgrew Co., ask- ing permission to install a gasoline tank and pump, on the side of their office building on South Main Street. Councilman Meuser moved that the petition be referred 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. There being no further business, Council adjourned. JOHN STUBER, City Clerk. Approved 1928. Adopted 1928. Councilmen Special Session, August 24th, 1928 255 CITY COUNCIL (Official) Special Session, August 24th, 1928. Meeting called by order of Coun- cilmen Yount and McEvoy. Council met at 4:20 P. M. Present —City Manager Kratz, Mayor Maclay, Councilmen McEvoy, Schuckert, Yount. Absent — Councilman Meuser. Mayor Maclay read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of considering bids for the improvements of Pierce Street from the south property line of West Locust Street to the north property line of Angella Street. Wil- son Street from the north property line of West 5th Street to the south property line of West 8th Street, Wilson Street from the north prop- erty line of Julien Avenue to the south property line of West 11th Street, Windsor Avenue from the north property line of the alley first south of Strauss Street to the City limits on Davis Street. Wilbur Street from the east pro- perty line of Grove Terrace to the east property line of Spruce Street. Brunswick Street from the north line of O'Neill Street to the City limits, O'Neill Street from the west proper- ty line of Burden Street to the west property line of Brunswick Street and Groveland Street from the west property line of Burden Street to the west property line of Brunswick Street. Spruce Street from the north pro- perty line of Julien Avenue to the north property line of Wilbur Street. The intersection of Rider and Perry Streets. For the construction of a sanitary sewer in Thomas Place, and acting on any other business that may come before the meeting. Notice to contractors for the re- ceipt of proposals for the construc- tion of street improvements, for the making of underground connections, and for the building or repairing of sidewalks, drains and driveways, cer- tified to the publisher, for the fore- going improvements, presented. Councilman Schuckert moved that the notice be received and filed. Sec- onded by Councilman Yount. Car- ried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Schuckert and Yount. Nays —None. Absent — Councilman Meuser. Notice to sewer contractors of the receipt of proposals for the construc- tion of a sanitary sewer in Thomas Place, certified to by the publisher, presented. p 254 Special Session, August 15th, 1928 Councilman Schuckert moved that the communication and acceptance of the Ordinance, be received and placed on file and made a matter of record. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent — Councilman Yount. August 15, 1928. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At your meeting held August 3rd a communication from Philip F. Ryder protesting against the proposed pavement of Pierce Street from West Locust to Angella Street, was referred to your City Manager and City Solicitor for re- port. As your City Solicitor has been ill, it has been impossible for your City Manager to report on the com- munication. However, your City Manager discussed the matter with your City Solicitor and your City Manager wishes to report as follow: s on the matter. Mr. Ryder states that lots 7 and 8 of Quigley's Subdivision, which are owned by himself, have an as- sessed valuation of from $60.00 to $78.00 and that the assesment for the proposed improvement will run from $160.00 to 175.00 per lot which would materially exceed the one - fourth assessed valuation. Where streets are necessary for public benefit to serving territory such as will be served by the pave- ment of Pierce Street to give pro- per fire protection, it is your City Manager's opinion that even though a portion of the cost of the improve- ment must be borne by the City, that the improvement should pro- ceed ,and so recommends. It is your City Solicitor's opin- ion that an assesment for street im- ment is legal if it does not exceed one - fourth of the true value of the property after the improvement has been made, in which case the differ- ence between the value of the pro- perty and the assessment on account of the improvement, will not be so great. Very respectfully submitted, O. A. KRATZ, City Manager. Councilman McEvoy moved that the report of the City Manager be approved and adopted. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent — Councilman Yount. August 15, 1928. To the Honorable Mayor and City Council, Dubuque, owa. Gentlemen: Attached is a com- munication from Myers - Graham Co., signed by Jos. P. Myers, president, requesting permission to install a gasoline storage tank and a curb pump in front of their place of busi- ness at 409 Iowa Street. The petition seems to be in con- flict with the policy we had fixed earlier in the year under which we have denied permission to others for the same privilege and 'your City Manager therefore recommends that the petition be denied and that no further installations be permit- ted in the future. Very respectfully submitted, O. A. KRATZ, City Manager. Councilman McEvoy 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 and Schuckert. Nays —None. Absent — Councilman Yount. August 15, 1928. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At your meeting held August 10th the petition of James Lavin asking that sanitary sewer be laid in Avoca Street from Cherry to Green Street, was refered to your City Manager for report. Your City Engineer now has pre- pared a plan for installing a sanitary sewer in Green Street from Asbury Street to Rosedale Avenue and your City Manager wishes to recommend that the petition be granted and that the Engineer be instructed to in- clude, as a branch of the contem- plated sewer on Green Street, the sewer as petitioned for. Very respectfully submitted, O. A. KRATZ, City Manager. Councilman Schuckert moved that the report of the City Manager be approved and carried out as recom- mended. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent — Councilman Yount. Petition of Curtis & Co., asking permission to excavate in 15th St., between White and Jackson Streets, for the purpose of installing a 4 inch cast iron water main into St. Mary's School. Councilman McEvoy moved that 256 Special Session, August 24th, 1928 Councilman McEvoy moved that the notice be received and filed. Sec- onded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Schuckert and Yount. Nays —None. Absent — Councilman Meuser. August 24, 1928 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: In accordance with your instructions and our advertise- ment, bids were received at 10 a. m. Friday, August 24th, for the improve- ment of Pierce Street from the south property line of West Locust Street to the north property line of angella Street. Jas. F. Lee Paving Co.— Concrete paving, $1.95; 20 ft. 24 in. tile, $3.75; 30 ft. 12 in. tile, $1.75; Grading, 60c; 1 manhole, $60; 1 catch basin, $50; 1 tree removed, $10; 25 ft. curb and gutter, 89c; water, $2.10; sewer, $1.50; total, $3,097.85. Uhlrich -Paley Co.— Concrete pav- ing, $1.90; 20 ft. 24 in. tile, $2.50; 30 ft. 12 in. tile, $1.25; grading, $1; 1 manhole, $45; 1 catch basin, $40; 1 tree removed $10; 25 ft. curb and gutter, $1; water, $3.25; sewer, $2.25; total, $3,139.00. Engineer's Estimate, $3.450.00. I would respectfully recommend that the contract for the improve- ment of this street with concrete, also with sewer and water connec- tions be awarded to Jas. F. Lee Pav- ing Co., as their bid is the lowest one received. Respectfully submitted, 0. A. KRATZ, City Manager. Resolution Awarding Contract Whereas, proposals have been sub- mitted by contractors for the im- provement of Pierce Street from the south property line of West Locust Street to the north property line of Angella Street by paving with six inch plain concrete, grading, and constructing underground connec- tions with sewer and water mains, and Jas. F. Lee Paving Co., contract- or, has submitted the lowest bid for the furnishing of all labor and ma- terials and performing the work as provided for in the plans and speci- fications; now therefore, Be it resolved by the City Council of the City of Dubuque that the con- tract for the improvement of Pierce Street from the south property line of West Locust Street to the north property line of Angella Street by paving with six inch plain concrete, grading, and constructing under- ground connections with sewer and water mains be awarded to Jas. F. Lee Paving Co., contractor and the Mayor and Manager be and they are hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. Be it further resolved that this resolution being deemed urgent and of immediate necessity become ef- fective from and after its passage and adoption by the City Council. Approved and placed on file for one week for public inspection this 24th day of August, 1928. Councilman McEvoy moved that the contract be approved and placed on file one week for public inspec- tion. Seconded by Councilman Yount. Carried by the following Vote: Yeas —Mayor Maclay, Councilmen McEvoy, Schuckert and Yount. Nays —None. Absent — Councilman Meuser. August 24, 1928. To the Honorable City Council, Dubuque, Iowa. Gentlemen: In accordance with your instructions and our advertise- ment, bids were received at 10 a. m. Friday, August 24th, for the im- provement of Wilson Street from the north property line of West 5th Street to the south property line of West 8th Street. Uhlrich -Paley Co.— Concrete pav- ing, $1.97; 5 roof drains, $20; 600 sq. ft. walks, 16c; 364 yds. grading, 90c; 20 ft. water, $2.50; 20 ft. sewer, $1; total, $6,374.50. Jas. F. Lee Paving Co.— Concrete paving, $2.08; 5 roof drains, $16; 600 sq. ft. walks, 18c; 364 yds. grading, 55c; 20 ft. water, $2.10; 20 ft. sewer, $1.50; total, $6,565.80. James Saul & Son — Concrete pav- ing, $2.22; 5 roof drains, $18.50; 600 sq. ft. walks, 17 364 yds. grad- ing, 85c; 20 ft. water, $2; 20 ft. sew- er, 65c; total, $7,100.30. Engineer's Estimate, $7,429.00. I would respectfully recommend that the contract for the improve- ment of this street with concrete be awarded to Uhlrich -Paley Co., also that contract for sidewalks be awarded to them, as their's was the lowest bid received, that the con- tract for down spout drains be awarded to Jas. F. Lee Paving Co., as their's was the lowest bid re- ceived, and the contract for sewer and water connections be awarded to James Saul & Son as their's was the lowest bid received. Respectfully submitted, 0. A. KRATZ, City Manager. Resolution Awarding Contract Whereas, proposals have been sub- mitted by contractors for the im- Special Session, August 24th, 1928 provement of Wilson Street from the north property line of West 5th Street to the south property line of West 8th Street by paving with six inch plain concrete, grading, and constructing sidewalks, and Uhlrich- Paley Co., contractor, has submitted the lowest bid for the furnishing of all labor and materials and perform- ing the work as provided for in the plans and specifications; now there- fore, Be it resolved by the City Council of the City of Dubuque that the con- tract for the improvement of Wilson Street from the north property line of West 5th Street to the south pro- perty line of West 8th Street by pav- ing with six inch plain concrete, grading and constructing sidewalks be awarded to Uhlrich -Paley Co., contractor and the Mayor and Man- ager be and they are hereby direct- ed to execute a contract on behalf of the City of Dubuque for the com- plete performance of said work. Be it further resolved that this resolution being deemed urgent and of immediate necessity become ef- fective from and after its passage and adoption by the City Council. Approved and placed on file for one week for public inspection this 14th day of August, 1928. Councilman Yount moved that the contract be approved and placed on file for one week for public in- spection. Seconded by Councilman Schuckert. Carried by the follow- ing vote: Yeas —Mayor Maclay, Councilmen McEvoy, Schuckert and Yount. Nays —None. Absent — Councilman Meuser. Resolution Awarding Contract Whereas, proposals have been sub- mitted by contractors for the im- provement of Wilson Street from the north property line of West 5th Street to the south property line of West 8th Street by constructing un- derground connections with sewer and water mains, and James Saul & Son, contractor, has submitted the lowest bid for the furnishing of all labor and materials and perform- ing the work as provided for in the plans and specifications; now there- fore, Be it resolved by the City Council of the City of Dubuque that the con- tract for the improvement of Wilson Street from the north property line of West 5th Street to the south pro- perty line of West 8th Street by con- structing underground connections with sewer and water mains be awarded to James Saul & Son, con- tractor, and the Mayor and Manag- er be and they are hereby directed to execute a contract on behalf of 257 the City of Dubuque for the com- plete performance of said work. Be it further resolved that this resolution being deemed urgent and of immediate necessity become ef- fective from and after its passage and adoption by the City Council. Approved and placed on file for one week for public inspection this 24th day of August, 1928. Councilman Yount moved that the contract be approved and placed on file for one week for public in- spection. Seconded by Councilman Schuckert. Carried by the follow- ing vote: Yeas —Mayor Maclay, Councilmen McEvoy, Schuckert and Yount. Nays —None. Absent — Councilman Meuser. Resolution Awarding Contract Whereas, proposals have been sub- mitted by contractors for the im- provement of Wilson Street from the north property line of West 5th Street to the south property line of West 8th Street by constructing down- spout drains and Jas. F. Lee Paving Co., contractor, has submitted the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now there- fore Be it resolved by the City Council of the City of Dubuque that the con- tract for the improvement of Wilson Street from the north property line of West 5th Street to the south prop- erty line of West 8th Street by con- structing down spout drains be awarded to Jas. F. Lee Paving Co., and the Mayor and Manager be and they are hereby directed to execute a contract on behalf of the City of Dubuque for the complete perform- ance of said work. Be it further resolved that this resolution being deemed urgent and of immediate necessity become effec- tive from and after its passage and adoption by the City Council. Passed and approved this 24th day of August, 1928. Councilman Yount moved that the contract be approved and placed on file for one week for public inspec- tion . Seconded by Councilman Schu- ckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Schuckert, Yount. Nays—None. - Absent— Councilman Meuser. August 24, 1928. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: In accordance with your instructions and our advertise- ment, bids were received at 10 A. M. • Friday, August 24th, for the im- the plans and specifications; now therefore, Be it resolved by the City Coun- cil of the City of Dubuque that the contract for the improvement of Wil- son Street from the north property line of Julien Avenue to the south property line of West llth Street by constructing down spout drains be awarded to Jas. F. Lee Paving Co., contractor, and the Mayor and Man- ager be and they are hereby direct- ed to execute a contract on behalf of the City of Dubuque for the com- plete performance of said work. Be it further resolved that this resolution being deemed urgent and of immediate necessity become ef- fective from and after its passage and adoption by the City Council. Approved and placed on file for one week for public inspection this 24th day of August, 1928. Councilman McEvoy moved that the contract be approved and placed on file for one week for public in- spection. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Schuckert and Yount. Nays —None. Absent — Councilman Meuser. August 24th, 1928. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: In accordance with your instructions and our advertise- ment, bids were received at 10 a. m. Friday, August 24th, for the im- provement of Windsor Avenue from the north line of alley first south of Strauss Street to the City limits on Davis Street. Jas. F. Lee Paving Co.— Concrete paving, $1.78; 1500 ft. reset, 29c; 40 ft. new stone, 80c; water, $2.10; sewer, $1.50; total, $12,245.26. Uhlrich -Paley Co.— Concrete pav- ing, $1.96; 1500 ft. reset, 40c; 40 ft. new stone, 50c; water, $4.50: sewer, $1.00; total, 13,589.32. Engineer's Estimate — $16,153.70. I would respectfully recommend that the contract for the improve- ment of this street with concrete, also for water connection, be award- ed to Jas. F. Lee Paving Co., and the contract for sewer connections be awarded to Uhlrich -Paley Co., as their bid is the lowest one re- ceived. Respectfully submitted, 0. A. KRATZ, City Manager. , Resolution Awarding Contract Whereas, proposals have been submitted by contractors for the im- provement of Windsor Avenue from the north line of the alley first Special Session, August 24th, 1928 259 south of Strauss Street to the City Limits on Davis Street by paving with six inch plain concrete and constructing connections with water mains and Jas. F. Lee Paving Co., contractor, has submitted the lawest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, Be it resolved by the City Council of the City of Dubuque that the con- tract for the improvement of Wind- sor Avenue from the north line of the alley first south of Strauss Street to the City Limits on Davis Street by paving with six inch plain concrete and constructing under- ground connections with water mains be awarded to Jas. F. Lee Paving Co., contractor, and the Mayor and Manager be and they are hereby directed to execute a contract on behalf of the City of Dubuque for the complete perform- ance of said work. Be it further resolved that this resolution being deemed urgent and of immediate necessity become ef- fective from and after its passage and adoption of the City Council. Approved and placed on file for one week for public inspection this 24th day of August, 1928. Councilman Schuckert moved that the contract be approved and placed on file for one week for public in- spection. Seconded by Councilman Yount. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Schuckert and Yount. Nays —None. Absent — Councilman Meuser. Resolution Awarding Contract Whereas, proposals have been sub- mitted by contractors for the im- provement of Windsor Avenue from the north line of the alley first south of Strauss Street to the City Limits on Davis Street by constructing un- derground connections with sewer mains, and Uhlrich - Paley Co., con- tractor, has submitted the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, Be it resolved by the City Council of the City of Dubuque that the con- tract for the improvement of Wind- sor Avenue from the north line of the alley first south of Strauss Street to the City Limits on Davis Street by constructing underground connections with sewer mains be awarded to Uhlrich -Paley Co., con- tractor, and the Mayor and Manager be and they are hereby directed to execute a contract on behalf of the City of Dubuque for the complete 258 Special Session, August 24th, 1928 provement of Wilson Street from the north property line of Julien Avenue to the south property line of West 11th Street. Uhlrich -Paley Co.— Concrete pav- ing, $1.98; 50 cu. yds. grading, 90c; 11 drains, $20.00; 2,800 sq. ft. walks, 16c; water, $2.00; sewer, $1.00; total $3,009.00. James F. Lee Paving Co. —Con- crete paving, $2.12; 50 cu. yds. grad- ing, 55c; 11 drains, $15.00; 2,800 sq. ft. walks, 17c; water, $2.10; sewer, $1.00; total, $3,138.70. James Saul & Son — Concrete pav- ing, $2.22; 50 cu. yds. grading, 85c; 11 drains, $18.00; 2,800 sq. ft. walks, 17 water, $2.00; sewer, 65c; total, $3,311.20. Engineer's Estimate, $3,667.00. I would respectfully recommend that the contract for the improve- ment of this street with concrete and the contract for the sidewalks be awarded to TJhlrich -Paley Co. as theirs was the lowest bid received, that the contract for the down spout drains be awarded to Jas. F. Lee Paving Co. as theirs was the lowest bid received and the contract for the sewer and water connections be awarded to James Saul & Son as theirs was the lowest bid received. Respectfully submitted, 0.. KRATZ, City Manager. Resolution Awarding Contract Whereas, proposals have been sub- mitted by contractors for the im- provement of Wilson Street from the north property line of Julien Avenue to the south property line of West llth Street by paving with six inch plain concrete, grading, and constructing sidewalks and Uhl- rich -Paley Co., contractor, has sub- mitted the lowest bid for the fur- nishing of all labor and materials and performing the work as pro- vided for in the plans and specifica- tions; now therefore, Be it resolved by the City Council of the City of Dubuque that the con- tract for the improvement of Wilson Street from the north property line of Julien Avenue to the south prop- erty line of West llth Street by pav- ing with six inch plain concrete, grading, and constructing sidewalks be awarded to Uhlrich -Paley Co., contractor, and the Mayor and Man- ager be and they are hereby direct- ed to execute a contract on behalf of the City of Dubuque for the com- plete performance of said work. Be it further resolved that this resolution being deemed urgent and of immediate necessity become effec- tive from and after its passage and adoption by the City Council. Approved and placed on file for one week for public inspection this 24th day of August, 1928. Councilman McEvoy moved that the contract be approved and placed on file for one week for public in- spection. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Schuckert, Yount. Nays —None. Absent — Councilman Meuser. Resolution Awarding Contract Whereas ,proposals have been sub- mitted by contractors for the im- provement of Wilson Street from the north property line of Julien Avenue to the south property line of West llth Street, by constructing under- ground connections with sewer and water mains and Jas. Saul & Son, contractor, has submitted the low- est bid for the furnishing of all lab- or and materials and performing the work as provided for in the plans and specifications; now therefore, Be it resolved by the City Coun- cil of the City of Dubuque that the contract for the improvement of Wil- son Street from the north property line of Julien Ave., to the south pro- perty line of West llth Street, by constructing underground connec- tions with sewer and water mains be awarded to Jas. Saul & Sons, and the Mayor and Manager be and they are hereby directed to execute a contract on behalf of the City of Dubuque for the complete perform- ance of said work. Be it further resolved that this resolution being deemed urgent and of immediate necessity become ef- fective from and after its passage and adopted by the City Council. Passed'and approved this 24th day of August, 1928. Councilman McEvoy moved that the contract be approved and placed on file for one week for public in- spection. Seconded by Councilman Yount. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Schuckert and Yount. Nays —None. Absent — Councilman Meuser. Resolution Awarding Contract Whereas, proposals have been sub- mitted by contractors for the im- provement of Wilson Street from the north property line of Julien Avenue to the south property line of West llth Street by constructing down spout drains and Jas. F. Lee Paving Co., contractor, has submit- ted the lowest bid for the furnishing of all labor and materials and per- forming the work as provided for in • 260 Special Session, August 24th, 1928 Special Session, August 24th, 1928 261 performance of said work. Be it further resolved that this resolution being deemed urgent and of immediate necessity become ef- fective from and after its passage and adoption by the City Council. Approved and placed on file for one week for public inspection this 24th day of August, 1928. Councilman Schuckert moved that the contract be approved and placed on file for one week for public in- spection. Seconded by Councilman Yount. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Schuckert and Yount. Nays —None. Absent — Councilman Meuser. August 24, 1928. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: In accordance with your instructions and our advertise- ment, bids were received at 10 a. m. Friday, August 24th, for the im- provement of Wilbur Street from the east property line of Grove Ter- race to the east property line of Spruce Street. Uhlrich -Paley Co.— Concrete pav- ing, $2.00; 300 sq. ft. sidewalks, 16c; 100 ft. curb and gutter, 75c; water, $3.75; sewer, $2.75; 10 cu. yds, rock excavation, $4.50; total, $4,472.00. Jas. F. Lee Paving Co.— Concrete paving, $2.15; 300 sq. ft. sidewalks, 18c; 100 ft. curb and gutter, 80c; water, $2.10; sewer, $1.50; 10 cu. yds. rock excavation, $4.00; total, $4,787.65. Engineer's Estimate — $5,429.00. I would respectfully recommend that the contract for the improve- ment of this street also contract for sidewalks with concrete be awarded to Uhlrich -Paley Co., as their bid is the lowest one received and the contract for the sewer and water connections be awarded to Jas. F. Lee Paving Co., as their bid is the lowest one received. Respectfully submitted, O. A. KRATZ, City Manager. Resolution Awarding Contract. Whereas, proposals have been submitted by the contractors for the improvement of Wilbur Street from the east property line of Grove Ter- race to the east property line of Spruce Street by paving with six inch plain concrete, grading, and constructing sidewalks and Uhlrich - Paley Co., contractor, has submitted the lowest bid for the furnishing of all labor and materials and perform- ing the work as provided for in the plans and specifications; now there- fore, • Be it resolved by the City Council of the City of Dubuque that the con- tract for the improvement of Wil- bur Street from the east property line of Grove Terrace to the east property line of Spruce Street by paving with six inch plain concrete, grading, and constructing sidewalks be awarded to Uhlrich -Paley Co., contractor, and the Mayor and Man- ager be and they are hereby direct- ed to execute a contract on behalf of the City of Dubuque for the com- plete performance of said work. Be it further resolved that this resolution being deemed urgent and of immediate necessity become ef- fective from and after its passage and adoption by the City Council. Approved and placed on file for one week for public inspection this 24th day of August, 1928. Councilman McEvoy moved that the contract be approved and placed on file for one week for public in- spection. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay; Councilmen McEvoy, Schuckert and Yount. Nays —None. Absent— Councilman Meuser. Resolution Awarding Contract. Whereas, proposals have been submitted by contractors for the im- provement of Wilbur Street from the east property line of Grove Ter- race to the east property line of Spruce Street by constructing un- derground connections with sewer and water mains, and Jas. F. Lee Paving Co., contractor, has submit- ted the lowest bid for the furnish- ing of all labor and • materials and performing the work as provided for in the plans and specifications; now therefore, Be it resolved by the City Council of the City of Dubuque that the con- tract for the improvement of Wilbur Street from the east property line of Grove Terrace to the east property line of Spruce Street by construct- ing underground connections with sewer and water mains, be awarded to Jas. F. Lee Paving Co., contract- or, and the Mayor and Manager be and they are hereby directed to exe- cute a contract on behalf of the City of Dubuque for the complete per- formance of said work. Be it further resolved that this resolution being deemed urgent and of immediate necessity become ef- fective from and after its passage 'and adoption by the City Council. Approved and placed on file for one week for public inspection this 24th day of August, 1928. Councilman McEvoy moved that the contract be approved and placed on file for one week for public in- spection. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Schuckert, Yount. Nays —None. Absent — Councilman Meuser. August 24, 1928. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: In accordance with your instructions and our advertise- ment, bids were received at 10 A. M. Friday, August 24th, for the im- provement of Brunswick Street from the north property line of O'Neill Street to City Limits, O'Neill Street from the west property line of Bur- den Street to the west property line of Brunswick Street and Groveland Street from the west property line of Burden Street to the west prop- erty line of Brunswick Street. Uhlrich -Paley Co.— Concrete pav- ing, $1.64; water, $3.50; sewer, $1.00; total, $6,412.40. Jas. F. Lee Paving Co.— Concrete paving, $1.75; water, $2.10; sewer, $1.50; total, $6,764.30. Engineer's Estimate, $8,448.00. I would respectfully recommend that the contract for the improve- ment of these streets with concrete, also for sewer connections, be awarded to Uhlrich -Paley Co. as their bid is the lowest one received and the contract for the water con- nections be awarded to Jas. F. Lee Paving Co. as their bid is the lowest one received. Respectfully submitted, O. A. KRATZ, City Manager. Resolution Awarding Contract Whereas, proposals have been sub- mitted for the improvement of Brunswick Street from the north property line of O'Neill Street to the City Limits, and Groveland Street from the west property line of Bur- den Street to the east property line of Brunswick Street, and O'Neill Street from the west property line of Burden Street to the west prop- erty line of Brunswick Street by pav- ing with six inch plain concrete and constructing underground connec- tions with sewer mains and Uhlrich - Paley Co., contractor, has submitted the lowest bid for the furnishing of all labor and materials and perform- ing the work as provided for in the plans and specifications; now, there- fore Be it resolved by the City Coun- cil of the City of Dubuque that the contract for the improvement of Brunswick Street from the north property line of O'Neill Street to the City Limits, and Groveland Street from the west property line of Bur- den Street to the east property line of Brunswick Street, and O'Neill Street from the west property line of Burden Street to the west prop- erty line of Brunswick Street by paving with six inch plain concrete and constructing underground con- nections with sewer mains be awarded to Uhlrich -Paley Co., con- tractor, and the Mayor and Manager be and they are hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. Be it further resolved that this resolution being deemed urgent and of immediate necessity become ef- fective from and after its passage and adoption by the City Council. Approved and placed on file for one week for public inspection this 24th day of August, 1928. Councilman McEvoy moved that the contract be approved and placed on file for one week for public in- spection. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Schuckert, Yount. Nays —None. Absent — Councilman Meuser. Resolution Awarding Contract Whereas, proposals have been sub- mitted by contractors for the im- provement of Brunswick Street from the north property line of O'Neill Street to the City Limits, and Grove - land Street from the west property line of Burden Street to the east property line of Brunswick Street, and O'Neill Street from the west property line of Burden Street to the west property line of Brunswick Street by constructing underground connections with water mains and Jas. F. Lee Paving Co., contractor, has submitted the lowest bid for the furnishing of all labor and materials and performing the work as pro- vided for in the plans and specifica- tions; now therefore, Be it resolved by the City Council of the City of Dubuque that the con- tract for the improvement of Bruns- wick Street from the north property line of O'Neill Street to the City Limits, and Groveland Street from the west property line of Burden Street to the east property line of Brunswick Street, and O'Neill Street from the west property line of Bur- den Street to the west property line of Brunswick Street by constructing underground connections with water mains be awarded to Jas. F. Lee Paving Co., contractor, and the Mayor and Manager be and they are 262 Special Session, August 24th, 1928 hereby directed to execute a con- tract on behalf of the City of Du- buque for the complete performance of said work. Be it further resolved that this resolution being deemed urgent and of immediate necessity become ef- fective from and after its passage and adoption by the City Council. Approved and placed on file for one week for public inspection this 24th day of August, 1928. Councilman McEvoy moved that the contract be approved and placed on file for one week for public in- spection. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Schuckert, Yount. Nays —None. Absent — Councilman Meuser. August 24, 1928. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: In accordance with your instructions and our advertise- ment, bids were received at 10 A. M. Friday, August 24th, for the improve- ment of Spruce Street from the north property line of Julien Avenue to the north property line of Wilbur Street. Jas. F. Lee Paving Co.— Concrete paving, $2.16; grading, 65c; 50 ft. concrete curb, 60c; water, $2.10; sewer, $1.50; total, $946.00. Uhlrich -Paley Co.— Concrete pav- ing, $2.40; grading, $1.00; 50 ft. con- crete curb, 75c; water, $3.50; sewer, $2.00; total, $1,077.50. Engineer's Estimate, $990.00. I would respectfully recommend that the contract for the improve- ment of this street with concrete, also for sewer and water connec- tions, be awarded to Jas. F. Lee Pav- ing Co. as their bid is the lowest one received. Respectfully submitted, O. A. KRATZ, City Manager. Resolution Awarding Contract. Whereas, proposals have been sub- mitted by contractors for the im- provement of Spruce Street from the north property line of Julien Avenue to the north property line of Wilbur Street by paving with six inch plain concrete, grading, and constructing underground connections with sewer and water mains and Jas. F. Lee Paving Co., contractor, has sub- mitted the lowest bid for the fur- nishing of all labor and materials and performing the work as pro- vided for in the plans and specifica- tions; now therefore Be it resolved by the City Council of the City of Dubuque that the con- tract for the improvement of Spruce Street from the north property line of Julien Avenue to the north prop- erty line of Wilbur Street by paving with six inch plain concrete, grading and constructing underground con- nections with sewer and water mains be awarded to Jas. F. Lee Paving Co., contractor, and the Mayor and Manager be and they are hereby directed to execute a con- tract .on behalf of the City of Du- buque for the complete performance of said work. Be it further resolved that this resolution being deemed urgent and .of immediate necessity become ef- fective from and after its passage and adoption by the City Council. Approved and placed on file for week for public inspection this 24th day of August, 1928. Councilman McEvoy moved that the contract be approved and placed on file for one week for public in- spection. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Schuckert, Yount. Nays —None. Absent — Councilman Meuser. August 22nd, 1928. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: In accordance with your instructions and our advertise- ment, bids were received at 10 A. M. Friday, August 24th, for the im- provement of Rider and Perry Street Intersection. Uhlrich -Paley Co.— Concrete pav- ing, $2.28; total, $444.60. Engineer's Estimate, $482.00. I would respectfully recommend that the contract for the improve- ment of this street with concrete be awarded to Uhlrich -Paley Co. as their bid is the lowest one received. Respectfully submitted, O. A. KRATZ, City Manager. Resolution Awarding Contract. Whereas, proposals have been sub- mitted by contractors for the im- provement of Rider and Perry Street Intersection by paving with six inch plain concrete and Uhlrich -Paley Co., contractor, has submitted the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore Be it resolved by the City Council of the City of Dubuque that the con- tract for the improvement of Rider and Perry Street Intersection by pav- ing with six inch plain concrete be awarded to Uhlrich -Paley Co., con- tractor, and the Mayor and Manager be and they are hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. Be it further resolved that this resolution being deemed urgent and of immediate necessity become ef- fective from and after its passage and adoption by the City Council. Approved and placed on file for one week for public inspection this 24th day of August, 1928. Councilman McEvoy moved that the contract be approved and placed on file for one week for public in- spection. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Schuckert, Yount. Nays —None. Absent — Councilman Meuser. August 24th, 1928. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: In accordance with your instructions and our advertise- ment, bids were received at 10 A. M. Friday, August 24th, for the con- struction of 8 inch tile pipe sanitary sewer in Thomas Place, also for one manhole. Cook & Cane — Sewer, $2.40 per lin. ft.; one manhole, $80.00. I would respectfully recommend that the contract for the construc- tion of this sewer be awarded to Cook & Kane as their bid is the low- est one received. Respectfully submitted, O. A. KRATZ, City Manager. Resolution Awarding Contract. Whereas, proposals have been sub- mitted by contractors for the con- struction of an eight inch tile pipe sanitary sewer in Thomas Place from the present sewer in Stafford Street to a point about one hundred and seven feet north, and Cook & Kean, contractor, has submitted the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now there- fore Be it resolved by the City Council of the City of Dubuque that the con- tract for the construction of an eight inch sanitary sewer in Thomas Place from the present sewer in Stafford Street to a point about one hundred and seven feet north be awarded to Cook & Kean, contractor, and the Mayor and Manager be and they are hereby directed to execute a con- tract on behalf of the City of Du- buque for the complete performance of said work. Be it further resolved that this Special Session, August 24th, 1928 263 resolution being deemed urgent and of immediate necessity become ef- fective from and after its passage and adoption by the City Council. Approved and placed on file for one week for public inspection this 24th day of August, 1928. Councilman Yount moved that the contract be approved and placed on file for one week for public inspec- tion. Seconded by Councilman Schu- ckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Schuckert, Yount. Nays - -None. Absent— Councilman Meuser. August 24, 1928. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I recommend that the contract for all the gas connections be awarded to the Key City Gas Company, they being the lowest bidl der, their price 70c per linear foot, in and upon the following streets. Wilson Street from the north pro- perty line of Julien Avenue to the south property line of West 11th Street. Wilson Street from the north pro- perty line of West 5th Street to the south property line of West 8th Street. Windsor Avenue from the north line of alley first south of Strauss Street to the City Limits on Davis Street. Spruce Street from the north pro- perty line of Julien Avenue to the north property line of Wilbur Street. Wilbur Street from the east pro- perty line of Grove Terrace to the east property line of Spruce Street. Pierce Street from the south pro- perty line of West Locust Street to the north property line of Angella Street. Brunswick Street from the north property line of O'Neill Street to City Limits, O'Neill Street from the west property line of Burden Street to the west property line of Bruns- wick Street and Groveland Street from the west property line of Bur- den Street to the west property line of Brunswick Street. Rider and Perry Street intersec- tion. Respectfully submitted, O. A. KRATZ, City Manager. Resolution Awarding Contract Whereas, proposals have been submitted by contractors for the construction of underground connec- tions with gas mains upon and along the following streets, to wit: Pierce Street from the south property line of West Locust Street to the north 264 Special Session, August 24th, 1928 property line of Angella Street; Wil- son Street from the north property line of West 5th Street to the south property line line of West 8th Street; Wilson Street from the north property line of Julien Avenue to the south property line of West 11th Street; Windsor Avenue from the north line of the alley first south of Strauss Street to the City Limits on Davis Street; Wilbur Street from the east property line of Grove Ter- race to the east property line of Spruce Street; Brunswick Street from the north property line of O'Neill Street to the City Limits and Groveland Street from the west property line of Burden Street to the east property line of Brunswick Street and O'Neill Street from the west property line of Burden Street to the west property line of Bruns- wick Street; Spruce Street from the north property line of Julien Avenue to the north property line of Wilbur Street and Key City Gas Co., con- tractors, have submitted the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, Be it resolved by the City Coun- cil of the City of Dubuque that the contract for the construction of un- derground connections with gas mains on the improvements of Pierce Street from the south proper- ty line of West Locust Street to the north property line of Angella Street; Wilson Street from the north property line of West 5th Street to the south property line of West 8th Street; Wilson Street from the north property line of Julien Avenue to the south property line of West 11th Street; Windsor Avenue from the north line of the alley first south of Strauss Street to the City Limits on Davis Street; Wilbur Street from the east property line of Grove Ter- race to the east property line of Spruce Street; Brunswick Street from the north property line of O'Neill Street to the City Limits and Groveland Street from the west property line of Burden Street to the east property line of Brunswick Street and O'Neill Street from the west property line of Burden Street to the west property line of Bruns- wick Street; Spruce Street from the north property line of Julien Avenue to the north property line of Wilbur Street be awarded to Key City Gas Co., contractors, and the Mayor and Manager be and they are hereby di- rected to execute a contract in be- half of the City of Dubuque for the complete performance of said work. Be it further resolved that this resolution being deemed urgent and of immediate necessity become ef- fective from and after its passage and adoption by the City Council. Approved and placed on file for one week for public inspection this 24th day of August, 1928. Councilman McEvoy moved that the contract be approved and placed on file for one week for public in- spection. Seconded by Councilman Schuckert. Carried by the follow- ing vote: Yeas —Mayor Maclay, Councilmen McEvoy, Schuckert and Yount. Nays —None. Absent— Councilman Meuser. RESOLUTION ORDERING THE CONSTRUCTION OF STREET IMPROVEMENTS: THE MAKING OF UNDERGROUND CONNEC- TIONS; THE CONSTRUCTON OF BOULEVARD ELECTRIC LIGHT FIXTURES, PERMANENT SIDE- WALKS, DRAINS AND DRIVE- WAYS; AND DIRECTING THE CLERK TO ADVERTISE 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 27th day of July, 1928, the street and other public improvements described herein be and the same are hereby ordered by this Council upon its own motion and with or without the petition of property own- ers, the street improvements to con- sist of grading, paving, draining, curbing and guttering, and con- structing boulevard electric light fixtures in, and upon and along the following named streets, to wit: Plymouth Street from the west property line of South Grandview Avenue to the easterly line of Lots 20 and 22 Grandview Heights Add. and Victoria Street from the south property line of Plymouth Street to the southerly line of Lot 37 Grand- view Heights Add. by paving the same with six inch plain concrete and the curb and gutter to be of con- crete construction, or old stone curb may be reset where advisable. All of the work shall be constructed in accordance with the plans and speci- fications 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. Be it further resolved that the sidewalks, driveways to private pro- perty and water drains along said streets be and the same are hereb,' constructed, reconstructed or re- paired. Be it further resolved that the ,boulevard electric light fixtures along said streets be and the same are hereby ordered constructed. Be it further resolved that the cost and expense of the street im- provements and boulevard electric light fixtures be paid for by levying special assessments against the pri- vately owned property lying within the assessable distance from the im- provements, whether such property abut upon the same or are adjacent thereto, according to the area there- of and in proportion to the special benefits conferred, and any deficien- cy will be paid out of the general or the improvement funds of the City, or partly from each of such funds. Payment will be made to the con- tractor out of funds realized from the sale of bonds to be issued in an- ticipation of deferred payments of assessments as provided by law af- ter the work has been completed and accepted by the City Council. The cost and expense of making un- derground connections shall be lev- ied against the lots or parcels of real estate for whose benefit they are made and the cost and expense of constructing, reconstructing or re- pairing sidewalks, drains and drive- ways shall be levied against the lots or parcels of real estate for whose benefit they are made and the con- tractor shall be paid either in cash upon completion and approval or from the proceeds of bonds that may be issued in anticipation of the col- lection 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 con- tinuous of connected thoroughfare and the limits are defined, and as- sessments 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 pro- vided for in the manner provided by law, all of which improvements shall be completed on or before the 15th day of October, 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. Passed, adopted and approved this 24th day of August, 1928. JOHN H. MACLAY, Mayor. Special Session, August 24th, 1928 265 ED. McEVOY, H. F. SCHUCKERT, WM. H. MEUSER, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman McEvoy moved the adoption of the resolution. Second- ed by Councilman Schuckert. Car- ried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Schuckert and Yount. Nays —None. Absent — Councilman Meuser. Notice of publication, certified to by the publisher, of the Council's in- tention to construct and repair ce- ment sidewalks and to construct down spout drains where necessary and notice to sidewalk contractors for bids on the above work certified to by the publisher. Notice of Intention to Construct and Repair Cement Sidewalks and to Construct Down Spout Drains Where Necessary. Pursuant to the direction of the City Council public notice is hereby given that it is the intention of the City Council to construct and re- pair permanent sidewalks and down spout drains where necessary in front of and abutting upon the following described real estate, to -wit: Lot 1 Smedley's Sub., Chicago Great Western R. R. Co., owners, width of sidewalk 6 feet: Lot 2 Smedley's Sub., Chicago Great Western R. R. Co. owners, width of sidewalk 6 feet: Lot 3 Smedley's Sub., Thos. Barry Estate, owner, width of sidewalk 6 feet: Lot 4 Smedley's Sub., Thos. Barry Estate, owner, width of side- walk, 6 feet: Lot 5 Smedley's Sub., M. Adams Estate, owner, width of sidewak 8 feet and one down spout drain: Lot 6 Smedley's Sub., M. Adams Estate, owner, width of side- walk 3 feet: Lot 7 Smedley's Sub., M. Adams Estate, owner, width of sidewalk 8 feet and one down spout drain: Lot 8 Smedley's Sub., J. H. Rhomberg owner, width of sidewalk 8 feet and one down spout drain: Lot 9 Smedley's Sub., J. H. Rhom- berg owner, width of sidewalk 8 feet: Lot 10 Smedley's Sub., J. H. Rhomberg owner, width of sidewalk 8 feet: Lot 10 Smedley's Sub., J. H. Rhomberg owner, width of sidewalk 10 feet and one down spout drain: Lot 22 Smedley's Sub., Klauer Mfg. Co., owners, width of sidewalk 5 feet and three down spout drains: Lot 3 of 1 of Min. Lot 314, Beutin- Beuhler Co., owners, width of side- walk 5 feet: South 2 -5 of City Lot 475, St. Joseph's Parsonage, owner, width of sidewalk 6 feet: Lot 1 , College Sub., M. L. & J. E. Kemler, 6 feet; Lot 4 Smedley's Sub., Thos. Barry Est., owner, width of sidewalk 6 feet; Lot 5 Smedley's Sub., M. Adams Est., owner, width of side- walk 8 feet and one clown spout drain; Lot 6 Smedley's Sub., M. Ad- ams Est., owner, width of sidewalk 8 feet; Lot 7 Smedley's Sub., M. Ad- ams Este( owner, width of sidewalk 8 feet and one down spout drain; Lot 8 Smedely's Sub., J. H. Rhom- berg owner, width of sidewalk 8 feet and one down spout drain; Lot • 9 Smedley's Sub., J. H. Rhomberg, owner, width of sidewalk 8 feet; Lot 10 Smedley's Sub., J. H. Rhomberg, owner, width of sidewalk 8 feet; Lot 10 Smedley's Sub., J. H. Rhomberg, owner, width of sidewalk 10 feet and one down spout drain. And Peter Herkes, contractor, has submitted the lowest bid for the fur- nishing of all labor and materials and performing the work as provid- ed for in the plans and specifica- tions; now therefore, Be it resolved by the City Council of the City of Dubuque that the con- tract for the construction of cement sidewalks abutting on the following described lots or parcels of real es- tate and the construction of down spout drains on: Lot 1 Smedley's Sub., C. G. W. R. R. Co., owners, width of sidewalk 6 feet; Lot 2 Smedley's Sub., C. G. W. R. R. Co., owners, width of sidewalk 6 feet; Lot 3 Smedley's Sub., Thos. Barry Est., owner, width of sidewalk 6 feet; Lot 4 Smedley's Sub., Thos. Barry Est., owner, width of sidewalk 6 feet; Lot 5 Smedley's Sub., M. Ad- ams Est., owner, width of sidewalk 8 feet and one down spout drain; Lot 6 Smedley's Sub., M. Adams Est., owner, width of sidewalk 8 feet; Lot 7 Smedley's Sub., M. Ad- ams Est., owner, width of sidewalk 8 feet, and one down spout drain; Lot 8 Smedley's Sub., J. H. Rhom- berg, owner, width of sidewalk 8 feet and one down spout drain; Lot 9 Smedley's Sub., J. H. Rhomberg, owner, width of sidewalk 8 feet; Lot 10 Smedley's Sub., J. H. Rhomberg, owner, width of sidewalk 8 feet; Lot 10 Smedley's Sub., J. H. Rhomberg, owner, width of sidewalk 10 feet and one down spout drain; Be awarded to Peter Kerkes, con- tractor, and the Mayor and Manager be, and they are hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. Be it further resolved that this resolution being deemed urgent, and of immediate necessity become ef- fective from, and after its passage and adoption by the City Council. Approved and placed on file for Special Session, August 24th, 1928 267 one week for public inspection this 24th day of August, 1928. Councilman Yount moved that the contract be approved and placed on file for one week for public in- spection. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Schuckert and Yount. Nays —None. Absent— Councilman Meuser. Councilman Yount moved that the Clerk be directed to readvertise for bids for the construction of side- walks upon which no bids were re ceived. Seconded by Councilman Schuckert. Carried by the follow- ing vote: Yeas —Mayor Maclay, Councilmen McEvoy, Schuckert and Yount. Nays —None. Nays — Councilman Meuser. Petition of Kate Cashman, refer- red to the Council by the Board of Supervisors, relative to having the 1927 tax reduced on east 1/2 of lot 2 Sub. of lots 245 and 246 Glendale Add., presented. Councilman •Schuckert moved that the petition be referred to the City Solicitor. Seconded by Councilman Yount. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Schuckert and Yount. Nays —None. Nays — Councilman Meuser. Petition of the Municipal Play- ground and Recreation Committee: To the Honorable Mayor and City Council, Gentlemen: At a meeting of the Commission held August 15th, 1928, the members voted to go on record as being in favor of purchasing the lot on 24th and Jackson Streets known as Olinger Park for the Park and Playground purposes. The Com- mission has made much progress in the past six years and when they see an opening whereby they can broaden their work they are always ready to endorse it. Respectfully, GEO. J. ROEPSCH, Secretary. Councilman Schuckert moved that the petition be made a matter of record. Seconded by Councilman Yount. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Schuckert and Yount. Nays —None. Nays — Councilman Meuser. Petition of the Dubuque Automo- bile Club asking that Stop and Go Signals be placed on Jackson and 20th Streets. Stating that east and west traffic finds it almost impossi- ble to get through the north and 266 Special Session, August 24th, 1928 owners, width of sidewalk 5 feet: Lot 21, Finley Home Add., Ella B. Wimmer, owner, width of sidewalk 5 feet: Lot 2 of 2 of 2 of 2 of 1 of 7 of Min. Lot 159, Geo. Acker Estate, owner, width of sidewalk 5 feet: Lot 1 of 2 of 2 of 2 of 1 of 7 of Min. Lot 159, Eliz. Acker, owner, width of side- walk 5 feet: Lot 1 of 20 Finley Home Add., C. B. Trewin, owner, width of sidewalk 5 feet: Lot 82 Cook's Add., Emma Chatfield, own- er, width of sidewalk 5 feet: • Lot 57 Cook's Add., T. & M. Barry, owners, width of sidewalk 5 feet: Lot 56 Cook's Add., A. & J. Duert- scher, owners, width of sidewalk 5 feet: Lot 29 Cook's Add., Adam Schumacher, owner, width of side- walk 5 feet: West 60 feet of Lot 28 Cook's Add., Sadie Sturm, owner, width of sidewalk 6 feet; East 77.53 feet of Lot 28 Cook's Add., C. P. Mettel, owner, width of sidewalk 5 feet: Lot 22 High street Sub., Real- ty Inv. Corp., owners, width of side- walk 5 feet: Lot 1 High St. Sub., Ursula Domenig, owner,width of side- walk 5 feet: Lot 4 of Part of Min. Lot 314, H. Reavell, owner, width of sidewalk 5 feet: Lot 3 of Min. Lot 314, Independent School District, owner, width of sidewalk 5 feet: Lot 2 of Min Lot 314, Independent School District, owner, width of side- walk 5 feet. Such sidewalks are to be construct- ed or repaired and down spout drains constructed where necessary in accordance with plans and speci- fications prepared by the Engineer and approved by the City Council. Bids for the construction and repair of such sidewalks and constructing of down spout drains where neces- sary will be received by the City Council on the 24th day of August, 1928, and any person desiring to ob- ject to the construction or repair of such sidewalks and down spout drains shall present in writing his objections thereto on or before said date. Given under my hand this 7th day of August, 1928. JOHN STUBER, 8 -8 -2t City Clerk. Councilman McEvoy moved that the notices be received and filed. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Schuckert, Yount. Nays —None. Absent — Councilman Meuser. Remonstrance of J. H. Rhomberg against the construction of side- walks abutting Lots 9 and 10, Smed- ley's Sub., also verbal remonstrances by Miss Barry and Wm. Adams rela- tive to the construction of sidewalks abutting their properties. Councilman McEvoy moved that the rules be suspended to allow any- one present who wished to do so to address the Council. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Schuckert, Yount. Nays - -None. Absent — Councilman Meuser. Mr. Rhomberg, Mr. Adams and Miss Barry addressed the Council relative to the construction of said sidewalks. Councilman Schuckert moved that the petition of J. H. Rhomberg be re- ferred to the Council to view the grounds. Seconded by Councilman Yount. Carried by the following ote: Yeas —Mayor Maclay, Councilmen McEvoy, Schuckert, Yount. Nays —None. Absent — Councilman Meuser. Petition of Ella B. Wimmer, owner of Lot 21, Finley Home Addition, ob- jecting to the construction of a side- walk in front of and abutting her property presented and read. Councilman McEvoy moved that the petition be received and filed. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Schuckert, Yount. Nays —None. Absent — Councilman Meuser. August 24th, 1928. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: In accordance with your instructions and our advertise- ment, bids were received at 10 A. M. Frday, August 24th, for the construc- tion of sidewalks and down spout drains in Smedley's Sub., Lots 1 to 10 inclusive. Peter Herkes — Sidewalks, 11%c per sq. ft. Down spout drains, $10.00 each. I would respectfully recommend that the contract for sidewalks and down spout drains be awarded to Peter Herkes as his bid was the lowest one received. Respectfully submitted, O. A. KRATZ, City Manager. Resolution Awarding Contract Whereas, proposals have been sub -• milted by contractors for the con- struction of cement sidewalks abut ting on the following described lots or parcels of real estate and the con- struction of down spout drains: Lot 1 Smedley's Sub., C. G. W. R. R. Co., owners, width of sidewalk 6 feet; Lot 2 Smedley's Sub., C. G. W. R. R. Co., owners, width of sidewalk 6 feet; Lot 3 Smedley's Sub., Thos. Barry Est., owner, width of sidewalk Ol thence to Station 5 +00, north and south curb elevation 199.5, thence to Station 5+59, being west property line Ardmore Terrace, north and south curb elevation, 197.1, thence to Station 5 +85, being east property line of Ardmore Terrace north and south curb elevation, 195.4, thence to Station 6 +50, north and south curb elevation 190.8, thence to Sta- tion 7 +09, being west property line of Grove Terrace, south curb eleva- tion 186.8, north curb elevation 186.7. Section 2. This ordinance shall be in force and take effect from and after its passage by the City Council and its publication in the Dubuque Telegraph- Herald and Times - Journal newspaper. Passed first reading August 10th, 1928. Passed second reading August 10th, 1928. Passed final reading August 24th, 1928. Adopted August 24th, 1928. Approved: JOHN H. MACLAY, Mayor. ED. M'EVOY, HENRY F. SCHUCKERT, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Schuckert moved that the Ordinance be adopted. Second- ed by Councilman Yount. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Schuckert and Yount. Nays —None. Absent — Councilman Meuser. Ordinance presented and read a third time. ORDINANCE NO. G. r AN ORDINANCE CHANGING HE GRADE ON SPRUCE STREET FROM JULIEN AVENUE TO WIL- BUR STREET AND WILBTJR STREET FROM SPRUCE STREET TO STATION 4 +73.3 AND ES- TABLISHING A GRADE FOR SAID STREETS. Be it ordained by the City Council of the City of Dubuque: Section 1. That the grade hereto- fore established by the City Council on Spruce street from Julien avenue to Wilbur street and Wilbur street from Spruce street to Station 4 +73.3 be, and the same is hereby changed and established as shown by the pro- file of said street and grade prepared by the City Engineer, being Profile No. 1202. B. M. east end of first ce- ment step No. 626 Julien avenue, ele- vation 160.49. Said grade begins at Station 0 +00, being north property line of Julien avenue. Old elevation east curb Special Session, August 24th, 1928 269 156.6, west curb elevation 158.05, new elevation east curb 152.1, west curb elevation 155.6, thence to Station 0+84, curb elevation 170.0, thence to Station 1+23.3, being east property line of Spruce street. Center line new elevation 175.3, old elevation 176.9, thence to Station 3 +15, center line elevation 190.0,- thence to Station 4 +50, center line elevation 199.4, thence to Station 4+73.3, center line elevation 199.7. Section 2. This ordinance shall be in force and take effect from and after its passage by the City Council and its publication in the Dubuque Telegraph - Herald and Times - Journal newspaper. Passed first reading August 10th, 1928. Passed second reading August 10th, 1928. Passed final reading August 24th, 1928. Adopted August 24th, 1928. Approved: JOHN H. MACLAY, Mayor. ED. M'EVOY, HENRY F. SCHUCKERT, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman McEvoy moved the adoption of the Ordinance. Second- ed by Councilman Yount. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Schuckert and Yount. . Nays —None. Absent — Councilman Meuser. There being no further business, Council adjourned. JOHN STUBER, City Clerk. • Approved Adopted Councilmen Attest: L 1928. 1928. City Clerk. ti it ti 268 Special Session, August 24th, 1928 south traffic on Jackson Street dur- ing rush hours, and at other time of the day much difficulty is exper- ienced. Councilman Schuckert moved that the petition be received and filed. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Schuckert and Yount. Nays —None. Nays— Councilman Meuser. General Contractor's Bond of An- ton Basten presented for approval. Being properly executed, Council- man McEvoy moved that it be re- ceived and placed on file. Seconded . by Councilman Yount. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Schuckert and Yount. Nays —None. Nays — Councilman Meuser. Ordinance presented and read a third time. / ORDINANCE NO.'G. ®\ ,� / AN ORDINANCE ESTABLISHING- A v k-N GRADE ON THE NORTH SIDE ) OF PLYMOUTH STREET FROM \ STATION 8 +50 TO STATION \ 10 +65, BEING WEST CURB LINE OF SOUTH GRANDVIEW AVE- NUE AND ON THE SOUTH SIDE OF PLYMOUTH STREET FROM STATION 5+50 TO STATION 9 +85. Be it ordained by the City Council of the City of Dubuque: Section 1. That a grade on Ply- mouth street north side from Station 8 +50 to Station 10+65, being west curb line of South Grandview avenue, be and the same is hereby establish - ed ?and adopted as shown by the Pro- file of said street and grade prepared by the City Engineer, being Profile No. 1201 and marked "An Ordinance Establishing a Grade on the North Side of Plymouth street from Sta- tion 8 +50 to Station 10 +65, being west curb line of South Grandview avenue and on the South Side of Ply- mouth street from Station 5 +50 to Station 9 +85." B. M. water table side of east door Helbing's store, Bryant street and South Grandview avenue, elevation 271.62. Said north curb grade begins at Station 8 +50, curb elevation 229.00, thence to Sta- tion 9 +10, curb elevation 229.9, thence to Station 9 +35, curb eleva- tion 230.9, thence to Station 9 +50, curb elevation 233.4, thence to Sta- tion 10 +10, curb elevation 243.0, thence to Station 10+28, curb ele- vation 243.7, thence to Station 10 +65, north curb elevation 245.3, being the west curb of South Grandview ave- nue. Said south curb grade begins at Station 5 +50, curb elevation 230.49, thence to Station 6 +50, curb elevation 228.80, thence to Station 7, curb elevation 227.9, thence to Sta- tion 7 +50, curb elevation 227.65, thence to Station 8 +00, curb eleva- tion 227.4, thence to Station 8 +50, curb elevation 228.00, ,thence to Sta- tion 9 +00, curb elevation 230.40, thence to Station 9 +50, elevation 233.20, thence to Station 9 +85, ele- vation 235.40. Section 2. This ordinance shall be in force and take effect from and after its passage by the City Council and its publication in the Dubuque Telegraph - Herald and Times - Journal newspaper. Passed first reading August 10th, 1928. Passed second reading August 10th, 1928. Passed final reading August 24th, 1928. Adopted August 24th, 1928. Approved: JOHN H. MACLAY, Mayor. ED. M'EVOY, HENRY F. SCHUCKERT, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman McEvoy moved the adoption of the Ordinance. Second ed by Councilman Schuckert. Car ried by the following Yeas —Mayor Maclay, Councilmen McEvoy, Schuckert and Yount. Nays —None. Absent— Councilman Meuser. Ordinance presented and read a third time. ORDINANCE NO. G. AN ORDINANCE ESTABLISHING A GRADE ON SPRUCE STREET vc BEGINNING AT A POINT 374.7 FEET EAST OF THE EAST PROPERTY LINE OF SPRUCE �j} STREET TO THE WEST PROP-. ERTY LINE OF GROVE TE1I; • J RACE. ii Be it ordained by the City Council of the City of Dubuque: Section 1. That a grade on Spruce street beginning at a point 374.7 feet east of the east property line of Spruce street to west property line of Grove Terrace, be, and the same i§ hereby established and adopted as shown by the profile of said grade prepared by the City Engineer, being Profile No. 1203, bench mark east end of first cement step No. 626 Julien avenue, Elevation 160.49. Said grade begins at Station 3+74.7, north and south curb ele- vation 200.6, thence to Station 4+08, being west alley line north and south curb elevation, 200.9, thence to Sta- tion 4+28, being the east alley line, north and south curb elevation 200.7, ft. 1 in. gas pipe at 70c, $10.50; extra expense at 1 per cent, 10c; total 10.60 Godfrey Blocklinger, John King's Dubuque, Lot 3; 27 lin. ft. 1 in. gas pipe at 70c, $18.90; extra expense at 1 per cent, 19c; total 19.09 Anna M. Zumhoff, John King's Dubuque N. W. 1 /4 Lot 8; 15.5 lin. ft. 1 in. gas pipe at 70c, $10.85; extra ex- pense at 1 per cent, 10c; total 10.95 Sylvia Mathis, John King's Dubuque N. 86 ft. 6 in. Lot 13; 27 lin. ft. 1 in. gas pipe at 70c, $18.90; extra expense at 1 per cent, 19c; ttotal 19.09 Godfrey Blocklinger, John King's 2nd Add, Lot 21; 29 lin. ft. 1 in. gas pipe at 70c, $20.30; extra expense at 1 per cent, 20c; total 20.50 Total $230.12 325.5 lin. ft. 1 in. gas pipe at 70c per lin. ft. $227.85 Extra expense at 1 per cent 2.27 Total $230.12 All of which is assessed in pro- portion to the special benefits con- ferred. Approved Aug. 27, 1928. Adopted Aug. 27, 1928. JOHN H. MACLAY, Mayor. ED. McEVOY, H. F. SCHUCKERT, WM. H. MEUSER, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Meuser moved the adoption of the resolution. Second- ed by Councilman Schuckert. Car ried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Resolved by the City Council of the City of Dubuque: That to pay for installing gas connections on the improvement of Roberts Street from the north property line of West 5th Street to the north property line of West 8th Street, by Key City Gas Co., contractor, in front of and ad- joining the same, a special tax be and is hereby levied on the several lots, and parts of lots, and parcels of real estate hereinafter named, sit- uated and owned, and for the sev- eral amounts set opposite each lot or parcel of real estate, as follows: Owner Description Amount William Chilton, Wilson Sub., Lot 37; 9 lin. ft. 1 in. gas pipe at 70c, $6.30; extra ex- Special Session, August 27th, 1928 271 pense at 1 per cent, 6c; to- tal $ 6.36 R. W. Kemler Estate, Wilson Sub., Lot 36; 9 lin. ft. 1 in. gas pipe at 70c, $6.30; extra expense at 1 per cent, 6c; total 6.36 Total $ 12.72 18 lin. ft. 1 in. gas pipe at 70c per lin ft. $ 12.60 Extra expense at 1 per cent .12 Total $ 12.72 All of which is assessed in pro- portion to the special benefits con- ferred. Approved Aug. 27, 1928. Adopted Aug. 27, 1928. JOHN H. MACLAY, Mayor. WM. H. MEUSER, ED. McEVOY, H. F. SCHUCKERT, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman McEvoy moved the adoption of the resolution. Second- ed by Councilman Schuckert. Car ried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Resolution Authorizing the Issuance of Certificates Whereas, the contract heretofore entered into by the City of Dubuque for the installing of gas connections has been completed and the Engin- eer has computed the cost and ex- pense thereof and special assess- ments have been levied by the City Council against the lots or parcels of real estate benefited by such im- provements and it is now deemed advisable to provide for the issu- ance of certificates to pay the con- tractor for the construction of such improvements; now therefore, Be it resolved by the City Coun- cil of the City of Dubuque that the Mayor be and he is hereby directed to execute and deliver to the City Treasurer, to be by him registered and countersigned certificates as fol- lows: One certificate in the sum of $38.18 for assessment levied against Lot 5 John King's Dubuque, Godfrey Blocklinger, owner. One certificate in the sum of $38.18 for assessment levied against Lot 1 John King's Dubuque, Godfrey Blocklinger, owner. One certificate in the sum of $35.35 for assessment levied against Lot 5 Zumhoff Sub., Godfrey Block- linger, owner. One certificate in the suns of 270 Special Session, August 27th, 1928 GITY COUNCIL (Official) Special Session, August 27th, 1928. Meeting called by order of Mayor Maclay and Councilman Meuser. 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 levying special assessments for the installa- tion of gas connections on the im- provements of Johnson Street, Rob- erts Street and Broadway, and act- ing on any other business that may come before the meeting. Notice of publication of levy of special assessments and the inten- tion of the City Council to, issue cer- tificates for the installation of gas connections on the improvements of Johnson Street from the west pro- perty line of Garfield Avenue to the east property line of East 22nd Street, Broadway from the south property line of West 24th Street to the south property line of Diagonal Street and Roberts Street from the north property line of West 5th Street to the north property line of West 8th Street, certified to by the publisher. Presented. Councilman Meuser moved that the notice be received and filed. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Resolved by the City Council of the City of Dubuque: That to pay for installing gas connections on the improvement of Johnson Street, from the west property line of Gar- field Avenue to the east property line of East 22nd Street, except where already paved, by Key City Gas Co., contractor, in front of and adjoining the same, a special tax be and is hereby levied on the sev- eral lots, and parts of lots, and par- cels of real estate hereinafter named, situated and owned, and for the several amounts set opposite each lot or parcels of real estate, as follows: Owner Description Amount Thos. and Mary Barry, Cook's Add., Lot 57; 23 lin. ft. 1 inch gas pipe at 70c, $16.10; extra expense at 1 per cent, 16c; total $ 16.26 Christin Brede Est., Sub. Lot 5 of Min. Lot 314, Lot 2; 12 lin. ft. 1 gas pipe at 70c, $8.40; extra expense at 1 per cent, 8c; total 8.48 Total $ 24.74 35 lin. ft. 1 in. gas pipe at 70c per lin. ft. $ 24.50 Extra expense at 1 per cent .24 Total $ 24.74 All of which is assessed in pro- portion to the special benefits con ferred. Approved Aug. 27, 1928. Adopted Aug. 27, 1928. JOHN H. MACLAY, Mayor. ED. McEVOY, H. F. SCHUCKERT, WM. H. MEUSER, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Schuckert moved the adoption of the resolution. Second- ed by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays — None Resolved by the City Council of the City of Dubuque: That to pay for installation gas connections on the improvement of Broadway from the south property line of West 24th Street to the south property line of Diagonal Street, by Key City Gas Co., contractor, in front of and ad- joining the same, a special tax- be and is hereby levied on the several lots, and parts of lots, and parcels of real estate hereinafter namjed, situated and owned, and for the sev- eral amounts set opposite each lot or parcels of real estate, as follows: Owner Description Amount Godfrey Blocklinger, John King's Dubuque, Lot 5; 54 lin. ft. 1 in. gas pipe at 70c, $37.80; extra expense at 1 per cent, 38c; total $ 38.18 Godfrey Blocklinger, John King's Dubuque, Lot 1; 54 lin. ft. 1 in. gas pipe at 70c, $37.80; extra expense at 1 per cent, 38c; total 38.18 Godfrey Blocklinger, Zumhoff Sub., Lot 5; 50 lin. ft. 1 in. gas pipe at 70c, $35.00; extra expense at 1 per cent, 35c; total 35.35 Godfrey Blocklinger, John King's Dubuque, Lot 7; 54 70c, $37.80; extra expense King's Dubuque, Lot 1; 54 lin. ft. 1 in. gas pipe at 70c, $37.80; extra expense at 1 per cent, 38c; total 38.18 Werner B. Fassbinder, Wull- weber's Sub., Lot 2; 15 lin. 272 Special Session, August 27th, 1928 $38.18 for assessment levied against Lot 7 John King's Dubuque, Godfrey Blocklinger, owner. One certificate in the sum of $10.60 for assessment levied against Lot 2 Wullweber's Sub., Werner B. Fassbinder, owner. One certificate in the sum of $19.09 for assessment levied against Lot 3 John King's Dubuque, Godfrey Blocklinger, owner. One certificate in the sum of $10.95 for assessment levied against N. W. 1 4 Lot 8 John King's Dubuque, Anna M. Zumhoff, owner. One certificate in the sum of $19.09 for assessment levied against N. 86 feet and 6 inches of Lot 13 John King's Dubuque, Sylvia Math- is, owner. One certificate in the sum of $20.50 for assessment levied against Lot 21 John King's 2nd Add., God- frey Blocklinger, owner. One certificate in the sum of $16.26 for assessment levied against Lot 57 Cook's Add., Thos. and Mary Barry, owners. One certificate in the sum of $8.48 for assessment levied against Lot 2 Sub. Lot 5 of Min. Lot 314, Christina Brede Estate, owner. One certificate in the sum of $6.36 for assessment levied against Lot 37 Wilson Sub., William Chilton, owner. One certificate in the sum of $6.36 for assessment levied against Lot 36 Wilson Sub., R. W. Kemler Estate, owner. Each certificate shall be numbered consecutively and be made in favor of Key City Gas Co., contractor and bear date of August 27th, 1928, and be payable on or before seven years after the date thereof and bear in- terest at the rate of 6 per cent per annum, payable semi annually, prin- cipal and interest payable at the office of County Treasurer. Passed( adopted and approved this 27th day of August, 1928. JOHN H. MACLAY, Mayor. WM. H. MEUSER, ED. McEVOY, H. F. SCHUCKERT, EARL YOUNT, Councilmen. Attest: JOHN - STUBER, City Clerk. Councilman Schuckert moved the adoption of the resolution. Second- ed by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Petition of Helen and Wm. Mee- han claiming from the City of Du- buque the sum of $3,000 for damages to building and teller and grounds from storm sewer water August 30th and 22nd from defective sewer in- lets. Signed Helen and Wm. Mee- han, No. 8 Locust Street. Councilman Schuckert moved that the claim be referred to the City Solicitor. Seconded by Councilman McEvoy. Carried by the follow- ing vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Petition of Helen Meehan asking that the sewer inlet at Dodge and Bluff Streets and at Dodge and Lo- cust Streets be made larger. Referred to the City Manager. Councilman Schuckert moved that anyone present who wished to do so, to address the Council. Sec- onded by Councilman Yount. Car- ried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Miss Helen Meehan addressed the Council relative to the enlarg- ing of the sewer inlets on Dodge Street. Communication from the Health Department relative to the unsani- tary condition of the property owned by John Long at 2608 Central Ave. The Health Department investigat- ed this property on numerous oc casions, and find that the barn on this property which faces White Street is old and in a very dilapi- dated condition, the entire yard is clustered up with old wagons. Mr. Long keeps horses in the barn and barn -yard and makes very little at- tempt to take proper care of the manure. On account of the num- erous attempts which this depart ment has made in having Mr. Long put this place into some sort of condition and the fact that he has been called into police court a few times on this account, and the con- dition still exists it is the opinion of the Health Department that the place should be condemned. Respectfully yours, W. J. CONNELL, City Health Department Councilman Schuckert moved that the petition be referred to the City Solicitor and Board of Health to 'clear up. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. August 27, 1928. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At your meeting held August 15th the petition from Thomas J. Mudgrew Co., asking per- mission to install a gasoline tank and curb pump . on South Main Street was referred to your City Manager for report. Complying with our policy, I am recommending that the permit be not granted and that the communi- cation be filed. Very respectfully submitted, O. A. KRATZ, City Manager. Councilman Yount moved that the recommendation of the City Manag- er be approved and carried out as recommended. Seconded by Council- man Schuckert. Carried by the fol- lowing vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Report of the City Council on the petition of J. H. Rhomberg protest- ing to the laying of a new sidewalk adjacent to lots 9 and 10 Smedley's Sub., presented at a meeting of the Council Aug. 24th and referred to the Council to view the grounds. Council also viewed grounds of Thos. Barry Estate and M. Adams Es- tate, which were verbal protests against constructing sidewalks ad- jacent to and abutting their respec- tive properties. Councilman McEvoy moved that the petitions be received and filed. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Petition of John J. Kintzinger, stating that on April 20th, 1928, he paid into the Treasurer's office of the City of Dubuque, the sum of $18.80 for tax sale certificate of G. R. West's Add. N. 1/2 of lot 20. The principal was $9.19, penalty 74c and interest to that day of $5.42, mak- ing a total 15.35. He overpaid the sum of $3.45 and respectfully asks a refund for that amount. The City Treasurer reports that this is correct and the request be granted. He states that he over- charged him $3.45 in computing the interest. Councilman Schuckert moved that the prayer of the petition be grant- ed and the Treasurer be instructed to refund this amount to Mr. Kint- zinger. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. City Solicitor reported verbally on the claim of John Meyer who fell on the sidewalk in front of the Fire Engine House on 18th Street, recom- mending that Mr. Meyer be paid the Special Session, August 27th, 1928 sum of $100.00 for the injuries re- ceived. Councilman Meuser moved that the recommendation of the City So- licitor be approved and a warrant be drawn in favor of Mr. John Mey- er in the sum of $100.00 settlement in full for said claim upon his sign- ing a release. Seconded by Coun- cilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. There being no further business, Council adjourned. JOHN STUBER, City Clerk. Adopted 1928. Approved 1928. Councilmen Attest: 273 City Clerk. • 274 Special Session, August 31st, 1928 Special Session, August 31st, 1928 275 GITY COONOIL (Official) Special Session, August 31st, 1928. Meeting called by order of Mayor Maclay and Councilman Schuckert. Council met at 5:10 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 this meeting is called for the purpose of final adoption of resolutions awarding contracts for the improvements of Pierce Street, Brunswick, Groveland and O'Neill Streets, Windsor Avenue, Wilbur Street, Spruce Street, Intersection of Perry and Rider Streets, Wilson Street from West 5th to West 8th Streets, Wilson Street from Julien Avenue to West 11th Street. Also gas connection on above streets. Sanitary sewer in Thomas Place, and sidewalks 1 to 10 Smedley's Sub., and acting on any other busi- ness that may come before the meet- ing. Resolution Awarding Contract, Whereas, proposals have been sub- mitted by contractors for the im- provement of Pierce Street from the south property line of West Locust Street to the north property line of Angella Street by paving with six - inch plain concrete, grading, and constructing underground connec- tions with sewer and water connec- tions and Jas. F. Lee Paving Co., contractor, has submitted the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, Bt it resolved by the City Council of the City of Dubuque that the con- tract for the improvement of Pierce Street from the south property line of West Locust Street to the north property line of Angella Street by paving with six -inch plain concrete, grading, and constructing under- ground connections with sewer and water mains be awarded to Jas. F. Mayor and Manager be and they are Lee Paving Co., contractor, and the hereby directed to execute a con- tract on behalf of the City of Du- buque for the complete performance of said work. Be it further resolved that this resolution being deemed urgent and of immediate necessity become ef- fective from and after its passage and adoption by the City Council. Approved and placed on file for one week for public inspection this 24th day of August, 1928. Passed and adopted this 31st day of August, 1928. JOHN H. MACLAY, Mayor. ED. M. McEVOY, WM. H. MEUSER, HENRY F. SCHUCKERT, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Schuckert moved the adoption of the resolution. Seconded by Councilman Yount. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Resolution Awarding Contract, Whereas, proposals have been sub- mitted by contractors for the im- provement of Wilson Street from the north propertyline of West 5th Street to the south property line of West 8th Street by paving with six inch plain concrete, grading, and constructing sidewalks and Uhlrich- Paley Co., contractor, has submitted the lowest bid for the furnishing of all labor and materials and perform- ing the work as provided for in the plans and specifications; now there- fore, Be it resolved by the City Council of the City of Dubuque that the con- tract for the improvement of Wilson Street from the north property line of West 5th Street to the south prop- erty line of West 8th Street by pav- ing with six inch plain concrete, grading, and constructing sidewalks be awarded to Uhlrich -Paley Co., contractor, and the Mayor and Man- ager be and they are hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. Be it further resolved that this resolution being deemed urgent and of immediate necessity become effec- tive from and after its passage and adoption by the City Council. Approved and placed on file for one week for public inspection this 24th, day of August, 1928. Passed and adopted this- 31st day of August, 1928. JOHN H. MACLAY, Mayor. ED. McEVOY, WM. H. MEUSER, HENRY F. SCHUCKERT, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Yount moved the adoption of the resolution. Second- ed by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None: Resolution Awarding Contract. Whereas, proposals have been sub- mitted by contractors for the im- provement of Wilson Street from the north property line of West 5th Street to the south property line of West 8th Street by constructing underground connections with sewer and water mains and James Saul & Son, contractor, has submitted the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now there- fore, Be it resolved by the City Council of the City of Dubuque that the con- tract for the improvement of Wilson Street from the north property line of West 5th Street to the south prop- erty line of West 8th Street by con- structing underground connections with sewer and water mains be awarded to James Saul & Son, con- tractor, and the Mayor and Manager be and they are hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. Be it further resolved that this resolution being deemed urgent and of immediate necessity become effec- tive from and after its passage and adoption by the City Council. Approved and placed on file for one week for public inspection this 24th day of August, 1928. Passed and adopted this 31st day of August. 1928. JOHN H. MACLAY, Mayor. ED. McEVOY, WM. H. MEUSER, HENRY F. SCHUCKERT, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman McEvoy moved the adoption of the resolution. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Mouser, Schuckert, Yount. Nays —None. Resolution Awarding Contract Whereas, proposals have been sub- mitted by contractors for the im- provement of Wilson Street from the north property line of West 5th Street to the southproperty line of West 8th Street by constructing down spout drains and Jas. F. Lee Paving Co., contractor, has sub- mitted the lowest bid for the furn- ishing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, Be it resolved by the City Council of the City of Dubuque that the con- tract for the improvement of Wilson Street from the north property line of West 5th Street to the south prop- erty line of West 8th Street by con- structing down spout drains be awarded to Jas. F. Lee Paving Co., and the Mayor and Manager be and they are hereby directed to execute a contract on behalf of the City of Du- buque for the complete performance of said work. Be it further resolved that this resolution being deemed urgent and of immediate necessity become effec- tive from and after its passage and adoption by the City Council. Approved and placed on file for one week for public inspection this 24th day of August, 1928. Approved and adopted this 31st day of August, 1928. JOHN H. MACLAY, Mayor. ED. McEVOY, WM. H. MEUSER, HENRY F. SCHUCKERT, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman McEvoy moved the adoption of the resolution. Second- ed by Councilman Schuckert. Car- ried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Resolution Awarding Contract. Whereas, proposals have been sub- mitted by contractors for the im- provement of Wilson Street from the north property line of Julien Avenue to the south property line of West 11th Street by paving with six inch plain concrete, grading, and con- structing sidewalks and Uhlrich- Paley Co., contractor, has submitted the lowest bid for the furnishing of all labor and materials and perform- ing the work as provided for in the plans and specificaions;.now there- fore, Be it resolved by the City Council of the City of Dubuque that the con- tract for the improvement of Wilson Street from the north property line 276 Special Session, August 31st, 1928 Special Session, August 31st, 1928 277 of Julien Avenue to the south prop- erty line of West llth Street by pav- ing with six inch plain concrete, grading, and constructing sidewalks be awarded to Uhlrich -Paley Co., contractor, and the Mayor and Man- ager be and they are hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. Be it further resolved that this resolution being deeemd urgent and of immediate necessity become effec- tive from and after its passage and adoption by the City Council. Approved and placed on file for one week for public inspection this 24th day of August, 1928. Passed and adopted this 31st day of August, 1928. JOHN H. MACLAY, Mayor. ED. McEVOY, WM. H. MEUSER, HENRY F. SCHUCKERT, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman McEvoy moved the adoption of the resolution. Second- ed by Councilman Schuckert. Car- ried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Resolution Awarding Contract. Whereas, proposals have been sub- mitted by contractors for the im- provement of Wilson Street from the north property line of Julien Avenue to the south property line of West 11th Street, by constructing under- ground connections with sewer and water mains and Jas. Saul & Son, contractor, has submitted the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, Be it resolved by the City Council of the City of Dubuque that the con- tract for the improvement of Wilson Street from the north property line of Julien Avenue to the south prop- erty line of West 11th Street by con- structing underground connections with sewer and water mains be awarded to Jas. Saul & Son and the Mayor and Manager be and they are hereby directed to execute a con- tract on behalf cif the City of Du- buque for the complete performance of said work. Be it further resolved that this resolution being heemed urgent and of immediate necessity become effec- tive from and after its passage and adoption by the City Council. Approved and placed on file for one week for public inspection this 24th clay of August, 1928. Passed and adopted this 3lstday of August, 1928. JOHN H. MACLAY, Mayor. ED. McEVOY, WM. H. MEUSER, HENRY F. SCHUCKERT, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Schuckert moved the adoption of the resolution. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Resolution Awarding Contract. Whereas, proposals have been sub- mitted by contractors for the im- provement of Street from the north property line of Julien Avenue to the south property line of West 11th Street by constructing down spout drains and Jas. F. Lee Paving Co., contractor, has submitted the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now there- fore, Be it resolved by the City Council of the City of Dubuque that the con- tract for the improvement of Wilson Street from the east property line of Julien Avenue to the south prop- erty line of West 11th Street by con- structing down spout drains be awarded to Jas. F. Lee Paving Co., contractor, and the Mayor and Man- ager be and they are hereby direct- ed to execute a contract on behalf of the City of Dubuque for the com- plete performance of said work. Be it further resolved that this resolution being deemed urgent and of immediate necessity become effec- tive from and after its passage and adoption by the City Council. Approved and placed on file for one week for public inspection this 24th day of August, 1928. Passed and adopted this 31st day of August, 1928. JOHN H. MACLAY, Mayor. ED. McEVOY, WM. H. MEUSER, HENRY F. SCHUCKERT, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Schuckert moved the adoption of the resolution. Second- ed by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, - Schuckert, Yount. Nays —None. Resolution Awarding Contract. Whereas, proposals have been sub- mitted by contractors for the im- provement of Wilbur Street front the east property line of Grove Terrace to the east property line of Spruce Street by paving with six inch plain concrete, grading, and constructing sidewalks and Uhlrich -Paley Co., contractor, has submitted the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, Be it resolved by the City Council of the City of Dubuque that the con- tract for the improvement of Wilbur Street from the east property line of Grove Terrace to the east property line of Spruce Street by paving with six inch plain concrete, grading, and constructing sidewalks be awarded to Uhlrich -Paley Co., contractor, and the Mayor and Manager be and they are hereby directed to execute a con- tract on behalf of the City of Du- buque for the complete performance of said work. Be it further resolved that this resolution being deemed urgent and of immediate necessity become effec- tive from and after its passage and adoption by the City Council. Approved and placed on file for one week for public inspection this 24th day of August, 1928. Passed and adopted this 31st day of August, 1928. • JOHN H. MACLAY, Mayor. ED. McEVOY, WM. H. MEUSER, HENRY F. SCHUCKERT, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Schuckert moved the adoption of the resolution. Second- ed by Councilman Meuser. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Resolution Awarding Contract. Whereas, proposals have been sub- mitted by contractors for the im- provement of Wilbur Street from the east property line of Grove Terrace to the east property line of Spruce Street by constructing underground connections with sewer and water mains and Jas. F. Lee Paving Co., contractor, has submitted the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; nowtherefore, Be it resolved by the City Council of the City of Dubuque that the con- tract for the improvement of Wilbur Street from the east property line of Grove Terrace to the east property line of Spruce Street by construct- ing underground connections with sewer and water mains be awarded to Jas. F. Lee Paving Co., contractor, and the Mayor and Manager be and they are hereby directed to execute a contract on behalf of the City of Dubuque for the complete perform- ance of said work. Be it further resolved that this resolution being deemed urgent and of immediate necessity become effec- tive from and after its passage and adoption by the City Council. Approved and placed on file for one week for public inspection this 24th day of August, 1928. Passed and adopted this 31st day of August, 1928. JOHN H. MACLAY, Mayor. ED. McEVOY, WM. H. MEUSER, HENRY F. SCHUCKERT, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Schubert moved the adoption of the resolution. Second- ed by Councilman Meuser. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Resolution Awarding Contract. Whereas, proposals have been sub- mitted by contractors for the im- provement of Windsor Avenue from the north line of the alley first south of Strauss Street to the City Limits on Davis Street by paving with six inch plain concrete and constructing underground connections with water mains and Jas. F. Lee Paving Co., contractor, has submitted the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, Be it resolved by the City Council of the City of Dubuque that the con- tract for the improvement of Wind- sor Avenue from the north line of the alley first south of Strauss Street to the City Limits on Davis Street by paving with six inch plain con- crete and constructing underground connections with water mains be 278 Special Session, August 31st, 1928 awarded to Jas. F. Lee Paving Co., contractor, and the Mayor and Man- ager be and they are hereby direct- ed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. Be it further resolved that this resolution being deemed urgent and of immediate necessity become effec- tive from and after its passage and adoption by the City Council. Approved and placed on file for one week for public inspection this 24th day of August, 1928. Passed and adopted this 31st day of August, 1928. JOHN H. MACLAY, Mayor. ED. McEVOY, WM. H. MEUSER, HENRY F. SCHUCKERT, EARL YOUNT, Councilmen. • Attest: JOHN STUBER, City Clerk. Councilman Schuckert moved the adoption of the resolution. Second- ed by Councilman Meuser. Carried by the following vote: Yeas — Mayor Maclay, Councilmen 1\IcEvoy, I1enser, Schuckert, Yount. Nays—None.. Resolution Awarding Contract. Whereas, proposals have been sub- mitted by contractors for the im- provement of Windsor Avenue from the north line of the alley first south of Strauss Street to the City Limits on Davis Street by constructing underground connections with sewer mains and Uhlrich -Paley Co., con- tractor, has submitted the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, Be it resolved by the City Council of the City of Dubuque that the con- tract for the improvement of Wind- sor Avenue from the north line of the alley first south of . Strauss Street to the City Limits on Davis Street by constructing underground connections with sewer mains be awarded to Uhlrich -Paley Co., con- tractor, and the Mayor and Manager be and they are hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. Be it further resolved that this resolution being deemed urgent and of immediate necessity become effec- tive from and after its passage and adoption by the City Council. • Approved and placed on file for one week for public inspection this 24th day of August, 1928. Passed and adopted this 31st day of August, 1928. JOHN H. MACLAY, Mayor. ED. McEVOY, WM. H.MEUSER, HENRY F. SCHUCKERT, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Meuser moved the adoption of the resolution. Second- ed by Councilman Schuckert. Car- ried by the following vote: Yeas — Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Resolution Awarding Contract. Whereas, proposals have been sub- mitted by contractors for the im- provement of Brunswick Street from the north property line of O'Neill Street to the City Limits,and Grove - land Street from the west property line of Burden Street to the east property line of Brunswick Street and O'Neill Street from the west property line of Burden Street to the west propetry line of Brunswick Street by paving with six inch plain concrete and constructing under- ground connections with sewer mains and Uhlrich -Paley Co., con- tractor, has submitted the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, Be it resolved by the City Council of the City of Dubuque that the con- tract for the improvement of Bruns- wick Street from the north property line of O'Neill Street to the City Limits, and Groveland Street from the west property line of Burden Street to the east property line of Brunswick Street and O'Neill Street from the west propery line of Bur- den Street to the west property line of Brunswick Street by paving with six inch plain concrete and con- structing underground connections with sewer mains be awarded to Uhlrich -Paley Co., contractor, and the Mayor and Manager be and they are hereby directed to execute a contract on behalf of the City of Du- buque for the complete performance of said work. Be it further resolved that this resolution being deemed urgent and of immediate necessity become effec- tive from and after its passage and adoption by the City Council. Approved and placed on file for one week for public inspection thy- 24th day of August, 1928. Passed and adopted this 31st day of August, 1928. JOHN H. MACLAY, Mayor. ED. McEVOY, WM. H. MEUSER, HENRY F. SCHUCKERT, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Schuckert moved the adoption of the resolution. Sec- onded by Councilman Meuser. Car- ried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Resolution Awarding Contract. Whereas, proposals have been sub- mitted by contractors for the im- provement of Brunswick Street from the north property line of O'Neill Street to the City Limits, and Grove - land Street from the west property line of Burden Street to the east property line of Brunswick Street and O'Neill Street from the west property line of Burden Street to the west property line of Brunswick Street by constructing underground connections with water mains and Jas. F. Lee Paving Co., contractor, has submitted the lowest bid for the furnishing of all labor and materials and performing the work as pro- vided for in the plans and specifica- tions; now therefore, Be it resolved by the City Council of the City of Dubuque that the con- tract for the improvement of Bruns- wick Street from the north property line of O'Neill Street to the City Limits, and Groveland Street from the west property line of Burden Street to the east property line of Brunswick Street and O'Neill Street from the west property line of Bur- den Street to the west property line of Brunswick Street by constructing underground connections with water mains be awarded to Jas. F. Lee Paving Co., contractor, and the Mayor and Manager be and they are hereby directed to execute a con- tract on behalf of the City of Du- buque for the complete performance of said work. Be it further resolved that this resolution being deemed urgent and of immediate necessity become effec- tive from and after its passage and adoption by the City Council. Approved and placed on file for one week for public inspection this 24th day of August, 1928. Special Session, August 31st, 1928 279 Passed and adopted this 31st day of August, 1928. JOHN H. MACLAY, Mayor. ED. McEVOY, WM. H. MEUSER, HENRY F. SCHUCKERT, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman McEvoy moved the adoption of the resolution. Second- ed by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Resolution Awarding Contract. Whereas, proposals have been sub- mitted by contractors for the im- provement of Spruce Street from the north property line of Julien Avenue to the north property line of Wilbur Street by paving with six inch plain concrete, grading, and constructing underground connections with sewer and water mains and Jas. F. Lee Paving Co., contractor, has sub- mitted the lowest bid for the fur- nishing of all labor and materials and performing the work as pro- vided for in the plans and specifica- tions; now therefore, Be it resolved by the City Council of the City of Dubuque that the con- tract for the improvement of Spruce Street from the north property line of Julien Avenue to the north prop- erty line of Wilbur Street by paving with six inch plain concrete, grading, and constructing underground con- nections with sewer and water mains be awarded to Jas. F. Lee Paving Co., contractor, and the Mayor and Manager be and they are hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. Be it further resolved that this resolution being deemed urgent and of immediate necessity become effec- tive from and after its passage and adoption by the City Council. Approved and placed on file for one week for public inspection this 24th day of August, 1928. Passed and adopted this 31st day of August, 1928. JOHN H. MACLAY, Mayor. ED. McEVOY, WM. H. MEUSER, HENRY F. SCHUCKERT, EARL YOUNT, Councilmen Attest: JOHN STUBER, City Clerk. 280 Special Session, August 31st, 1928 Councilman Schuckert moved the adoption of the resolution. Second- ed by Councilman Meuser. Carried by the following vote: Nays — None. Resolution Awarding Contract. Whereas, proposals have been sub- mitted by contractors for the im- provement of Rider and Perry Street Intersection by paving with six inch plain concrete and Uhlrich- Paley Co., contractor, has submitted the lowest bid for the furnishing of all labor and materials and perform- ing the work as provided for in the places and specifications; nowthere- for, Be it resolved by the City Council of the City of Dubuque that the con- tract for the improvement of Rider and Perry Street Intersection by paving with six inch plain concrete be awarded to Uhlrich -Paley Co., contractor, and the Mayor and Man- ager be and they are hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. Be it further resolved that this resolution being deemed urgent and of immediate necessity become effec- tive from and after its passage and adoption by the City Council. Approved and placed on file for one week for public inspection this 24th day of August, 1928. Passed and adopted this 31st day of August, 1928. JOHN H. MACLAY, Mayor. ED. McEVOY, WM. H. MEUSER, HENRY F. SCHUCKERT, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Schuckert moved the adoption of the resolution. Second- ed by Councilman Yount. Carried by the following vote: Yeas — Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Resolution Awarding Contract, Whereas, proposals have been sub- mitted by contractors for the con- struction of underground connec- tions with gas mains upon and along the following streets, to -wit: Pierce Street from the south property line of West Locust Street to the north property line of Angella Street; Wil- son Street from the north property line of West 5th Street to the south property line of West 8th Street; Wilson Street from the north prop- erty line of Julien Avenue to the south property line of West 11th Street; Windsor Avenue from the north line of the alley first south of Strauss Street to the City Limits on Davis Street; Wilbur Street from the east property line of Grove Ter- race to the east property line of Spruce Street; Brunswick Street from the north property line of O'Neill Street to the City Limits and Groveland Street from the west property line of Burden Street to the east property line of Brunswick Street and O'Neill Street from the west property line of Burden Street to the west property line of Bruns- wick Street; Spruce Street from the north property line of Julien Avenue to the north property line of Wilbur Street and Key City Gas Co., con- tractors, have submitted the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, Be it resolved by the City Council of the City of Dubuque that the con- tract for the construction of under- ground connections with gas mains on the improvements of Pierce Street from the south property line of West Locust Street to the north property line of Angella Street; Wilson Street from the north prop- erty line of West 5th Street to the south property line of West 8th Street; Wilson Street from the north property line of Julien Avenue to the south property line of West 11th Street; Windsor Avenue from the north line of the alley first south of Strauss Street to the City Limits on Davis Street; Wilbur Street from the east property line of Grove Ter- race to the east property line of Spruce Street; Brunswick Street from the north property line of O'Neill Street to the City Limits and Groveland Street from the west prop- erty line of Burden Street to the east property line of Brunswick Street and O'Neill Street• from the west property line of Burden Street to the west property line of Bruns- wick Street; Spruce Street from the north property line of Julien Avenue to the north property line of Wilbur Street be awarded to Key City Gas Co., contractors, and the Mayor and Manager be and they are hereby di- rected to execute a contract in behalf of the City of Dubuque for the com- plete performance of said work. Be it further resolved that this resolution being deemed urgent and of immediate necessity become effec- tive from and after its passage and adoption by the City Council. Approved and placed on file for one week for public inspection this 24t1i day of August, 1928. Passed and adopted this 31st day of August, 1928. JOHN H. MACLAY, Mayor. ED. McEVOY, WM. H. MEUSER, HENRY F. SCHUCKERT, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Schuckert moved the adoption of the resolution. Second- ed by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays — None. Resolution Awarding Contract. Whereas, proposals have been sub- mitted by contractors for the con- struction of an eight inch tile pipe sanitary sewer in Thomas Place from the preesnt sewer in Stafford Street to a point about one hundred and seven feet north, and Cook & Kean, contractor, • has submitted the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now there- fore Be it resolved by the City Council of the City of Dubuque that the con- tract for the construction of an eight inch sanitary sewer in Thomas Place from the present sewer in Stafford Street to a point about one hundred and seven feet north be awarded to Cook & Kean, contractor, and the Mayor and Manager be and they are hereby directed to execute a con- tract on behalf of the City of Du- buque for the complete performance of said work. Be it further resolved that this resolution being deemed urgent and of immediate necessity become effec- tive from and after its passage and adoption by the City Council. Approved and placed on file for one week for public inspection this 29th day of August, 1928. Passed and adopted this 31st day of August, 1928. JOHN H. MACLAY, Mayor. Special Session, August 31st, 1928 ED. McEVOY, WM. H. MEUSER, HENRY F. SCHUCK]RT, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Schuckert moved the adoption of the resolution. Second- ed by Councilman Yount. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. 281 Nays —None. Resolution Awarding Contract. Whereas, proposals have been sub- mitted by contractors for the con- struction of cement sidewalks abut- ting on the following described lots or parcels of real estate and the con- struction of down spout drains: Lot 1 Smedley's Sub., C. G. W. R. R. Co., owners, width of sidewalk 6 feet; Lot 2 Smedley's Sub., C. G. W. R. R. Co., owners, width of side- walk 6 feet; Lot 3, Smedley's Sub., Thos. Barry Estate, owner, width of sidewalk 6 feet; Lot 4, Smedley's Sub., Thos. Barry Estate, owner, width of sidewalk 6 feet; Lot 5 Smedley's Sub., M. Adams Estate, owner, width of sidewalk 8 feet and one down spout drain; Lot 6 Smed- ley's Sub., M. Adams Estate, owner, width of sidewalk 8 feet; Lot 7, Smedley's Sub., M. Adams Estate, owner, width of sidewalk 8 feet and one down spout drain; Lot 8, Smed- ley's Sub., J. H. Rhomberg owner, width of sidewalk 8 feet and one down spout drain; Lot 9, Smedley's Sub., J. H. Rhomberg, owner, width of sidewalk 8 feet; Lot 10, Smedley's Sub., J. H. Rhomberg, owner, width of sidewalk 10 feet and one down spout drain. And Peter Herkes, contractor, has submitted the lowest bid for the fur- nishing of all labor and materials and performing the work as pro- vided for in the plans and specifica- tions; now therefore. Be it resolved by the City Council of the City of Dubuque that the con- tract for the construction of cement sidewalks abutting on the following described lots or parcels of real es- tate and the construction of down spout drains on: Lot 1, Smedley's Sub., C. G. W. R. R. Co., owners, width of sidewalk 6 feet; Lot 2, Smedley's Sub., C. G. W. 11. R. Co., owners, width of side- walk 6 feet; Lot 3, Smedley's Sub., Thos. Barry Estate, owner, width of sidewalk 6 feet; Lot 4, Smedley's Sub., Thos. Barry Estate, owner, width of sidewalk 6 feet; Lot 5, Smedley's Sub., M. Adams Estate, owner, width of sidewalk 8 feet and one down snout drain; Lot 6, Smed- ley's Sub., M. Adams Estate, owner, width of sidewalk 8 feet; Lot 7, Smedley's Sub., M. Adams Estate, owner, width of sidewalk 8 feet and one down spout drain; Lot 8, Smed- ley's Sub., J. H. Rhomberg, owner, width of sidewalk 8 feet and one down spout drian; Lot 9, Smedley's Sub.. J. H. Rhomberg, owner, width of sidewalk 8 feet: Lot 10, Smedley's Sub., J. II. Rhomberg, owner, width of sidewalk 8 feet: Lot 10, Smed- ley's Sub., J. H. Rhomberg, owner. 282 Special Session, August 31st, 1928 Special Session, August 31st, 1928 283 width of sidewalk 10 feet and one down spout drain; be awarded to Peter Herkes, contractor, and the Mayor and Manager be, and they are hereby directed to execute a contract on behalf of the City of Dubuque for the complete perform- ance of said work. Be it further resolved that this resolution, being deemed urgent and of immediate necessity, become ef- fective from and after its passage and adoption by the City Council. Approved and placed on file for one week for public inspection this 24th day of August, 1928. Passed and adopted this 31st day of August, 1928. JOHN H. MACLAY, Mayor. ED. McEVOY, WM. H. MEUSER, HENRY F. SCHUCKERT, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Schuckert moved the adoption of the resolution. Second- ed by Councilman Meuser. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Resolution. Whereas the Auditor of State of Iowa, in causing an audit to be made of the accounts of the City of Dubuque, the same per- taining to the rates and charges be- ing made by the Telegraph ?Herald & Times - Journal newspaper, the of- ficial newspaper of said City, for printing notices, ordinances, resolu- tions and council proceedings, , ad- vises that such rates and charges are in excess of the legal rate pro- vided by the Statutes of Iowa and that said City has no legal authority to pay the same and that said City has overpaid said newspaper for publications hereto made by it; now therefore Be it resolved by the City Council of the City of Dubuque that the City Auditor be and he is hereby directed to make compensation to said news- paper only on the basis of the rate provided by law, and in order to re- imburse said City for overpayments heretofore made, said Auditor is di- rected to retain any moneys now owing said newspaper for publica- tions heretofore made up to the amount of such over payments. Passed, adopted and approved this 31st day of August, 1928. JOHN H. MACLAY, Mayor. Ell. McEVOY, WM. H. MEUSER, HENRY F. SCHUCKERT, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Schuckert moved the adoption of the resolution. Second- ed by Councilman Yount. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Petition of Michael Christ asking exemption from paying a license fee for operating a lunch coun- ter and candy store of Mrs. Albert Tomlin. Councilman Meuser moved that the rules be suspended to allow any- one present who wishes to do so to address the Council. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Michael Christ addressed the Council relative to the petition of Mrs. Tomlin. The petition was re- ferred to the City Manager. 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, Schuckert, Yount. Nays —None. Renewal certificates of contract- or's bond of Hugo Henschel & Son presented for approval. Being properly executed, Council- man Schuckert moved that it be re- ceived and placed on file. Seconded by Councilman Meuser. Carried by the following year: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Petition of Anton Zwack, contract- or for Dodge Street Sewer, asking for extension of time to complete said sewer. Due to the heavy rains and high stage of water it is impos- sible to complete the sewer in the time specified in the contract and he hereby asks for an extension of 30 i flays to complete the work. Councilman Meuser moved that the prayer of the petition be granted providing the bonding company con- cur in the extension. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Petition of the Schlueter Insur- ance Agency asking that the sign bond covering the display sign of B. A. Ruegnitz be returned as he abso- lutely refuses to pay the premium. Councilman Schuckert moved that the petition be received and filed. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Mouser, Schuckert, Yount. Nays —None. An Ordinance, being Ordinance No. 209, providing for the licensing of pumps and tanks and vehicles used to sell and dispense gasoline upon the streets, alleys, sidewalks and other public places of the City of Dubuque and providing a penalty for violation hereof, presented and read. Councilman Schuckert moved that this be considered the first 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 Schuckert moved that the rules requiring an ordinance to be read on three separate days be suspended. Seconded by Council- man McEvoy. Carried by the fol- lowing vote: Yeas —Mayor Maclay, Councilmen McEvoy, Mouser, Schuckert, Yount. Nays —None. The Ordinance was then read a second time. Councilman Schuckert moved that this bs 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. On recommendation of the City Solicitor a motion was passed to ac- cept $35.00 in full for assessment against 107'6 of Lot 1, Margadant's Sub. Assessment levied in 1907 for improvement of Althauser Avenue and purchased by the City in 1921. Original assessment was $127.74. Councilman Mouser moved that the recommendation of the City So- licitor be approved and the Treas- urer be instructed to accept $35.00 in full, and upon payment of same assign certificate to owner. Second- ed by Councilman Yount. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. There being no further business, Council adjourned. JOHN STUBER, City Clerk. Approved 1928. Adopted 1928. Councilmen: Attest: City Clerk.