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1928 September Council ProceedingsRegular Session, September 4th, 1928 28.5 CITY COUNCIL (Official) Regular Session September 4th, 1928. Monday, Sept. 3rd, being a Na- tional Holiday (Labor Day), the meeting was held Sept. 4th. Council met at 5:00 o'clock P. M. Present —City Manager Kratz, Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert. Absent — Councilman Yount. Mayor Maclay stated that this is the regular monthly meeting of the Council for the dispatch of such business as may properly come be- fore the meeting, and that this date was also fixed for the considering of bids for the improvement of the Alley first east of Center Place from the north property line of Julien Avenue .to south property line of Rose Street. Notice of publication, certified to by the publishers, of Notice to Con- tractors of the receipt of proposals for the construction of Alley im- provements and the making of un- derground connections on the Alley first east of Center Place from the north property line of Julien Ave- nue to the south property line of Rose Street, 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, Schuckert, Meuser. Nays —None. Absent — Councilman Yount. September 3, 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. Monday, September 3rd, for the im- provement of alley first east of Cen- ter Street from north property line of Julien Avenue to south property line of Rose Street. Jas. F. Lee Paving Co.— Concrete paving, $1.83; grading, 70c; sewer, $3.00; total, $2,657.00. Uhlrich -Paley Co. — Concrete pav- ing, $1.82; grading, 60c; sewer, $1.00; total, $2,598.00. Engineer's Estimate, $2,856.00 I would respectfully recommend that the contract for the improve- ment of this alley with concrete, also grading and sewer connections, be awarded to Uhlrich -Paley Co., as their bid is the lowest one received. • Very truly yours, O. A. KRATZ, City Manager. Imp. Form No. 5. Resolution Awarding Contract. Whereas, proposals have been submitted by contractors for the im- provement of Alley first east of Center Street from the north prop- erty line of Julien Avenue to the south property line of Rose Street by grading, paving with six -inch plain concrete and constructing un- derground connections with sewer main and Uhlrich -Paley 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 contract for the improvement of the Alley first east of Center Street from the north property line of Julien Avenue to the south property line of Rose Street for the grading, pav- ing and installing underground con- nections with the sewer main be awarded to Uhlrich -Paley Co. 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 one week for public inspection this 4th day of September, 1928. Councilman Schuckert moved that the resolution be 'approved and placed on file for one week for pub- lic inspection. Seconded by Council- man Meuser. Carried by the follow- ing vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert. Nays —None. Absent — Councilman Yount. September 4th, 1928. Imp. Form No. 6. Certificate of City Manager. To City Council: Subject: Acceptance of Sanitary Sewer in Division Street. The undersigned hereby certifies that the contract for the construc- tion of the sanitary sewer in Division Street from a point about ninety feet north of the sanitary sewer in West 24th Street to a point about one hundred seventy -six feet north, Cook & Kean, contractors, has been completed. I further certify that this work has been done in accordance with the plans and specifications and stipulations of the contract and I 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. 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 Meuser. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert. Nays —None. Absent — Councilman Yount. There being no further business, Council adjourned. JJOHN STUBER, City Clerk. Approved 1928. Adopted 1923. Councilmen Attest: Special Session, September City Clerk. 12th, 1928 287 CITY COUNCIL (Official) Special Session, September 12, 1928. Meeting called to order by Mayor Maclay and Councilman Schuckert. Council met at 5.00 o'clock P. M. Present —City Manager Kratz Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert. Absent — Councilman Yount. Mayor Maclay read the call and stated that this meeting is called for the purpose of considering bids for the improvement of Plymouth Street from the west property line of South Grandview Ave. to the easterly line of lots 20 and 22, Grandview Heights Addition and Victoria Street from the south prop- erty line of Plymouth Street to the southerly line of lot 37, Grandview Heights Addition, and bids for side- walks in various parts of the City. Notice of publication to contrac- tors, certified to by the publisher, of the receipt of proposals for the con- struction of street improvements, for the making of underground connec- tions, for the construction of Boule- vard Electric Light Fixtures, and for the building or repairing of side- walks, drains and driveways, for the improvement of Plymouth Street from the west property line of 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, presented. 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, Schuckert. Nays —None. Absent — Councilman Yount. September 12, 1928. To the Honorable Mayor and City Council, Dubuque, Iowa: Gentlemen: In accordance with your instructions and our adver- tisement, bids were received at 10 A. M. Wednesday, September 12th, for the improvement of 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 prop- erty line of Plymouth Street to the southerly line of Lot 37, Grandview Heights Addition. 286 Regular Session, September 4th, 1928 would therefore recommend its ac- ceptance by the Council. O. A. KRATZ, City Manager. Imp. Form No. 7. .A. Resolution Accepting Improve- ments and Directing Clerk to.... Publish Notice. Whereas, the contract for the con- struction of the sanitary sewer in Division Street from a point about ninety feet north of the sanitary sewer in West 24th Street to a point about one hundred seventy -six feet north, has been completed and the City Engineer has examined the work and filed his certificate stat- ing that the same has been complet- ed according to the terms of the contract, plans and specifications and recommends its acceptance; now therefore Be it resolved by the City Council of the City of Dubuque, that the rec- ommendation of the City Engineer be approved and that said improve- ment be and the same is hereby ac- cepted and the City Engineer be and he is hereby directed to prepare a plat and schedule showing the lots or parcels of real estate subject to assessment for said improvement and file the same in the office of the City Clerk subject to public inspec- tion and said Clerk shall upon re- ceipt of such plat and schedule pub- lish the notice of the Council's in- tention to levy special assessments therefor as required by law. Be it further resolved that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of improvement bonds is- sued upon the above described im- provements an amount equal to the amount of his contract, less any re- tained percentage provided for therein. Passed, adopted and approved this 4th day of September, 1928. JOHN H. MACLAY, Mayor. ED. McEVOY, WM. H. MEUSER, HENRY F. SCHUCKERT, 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. Nays —None. Absent — Councilman Yount. Petition of P. McNerney remon- strating against the improvement of Pierce Street, adjacent to and abut- ting his property. Councilman Schuckert moved that the petition be received and filed. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert. Nays —None. Absent — Councilman Yount. Announcement of Iowa State Col- lege, Ames, Iowa, relative to course for Fire Fighters to be held October 16, 17, 18 and 19, 1928, asking that Dubuque be represented. Referred to City Manager. No motion. Petition of the Board of Supervis- ors of Dubuque County, Iowa, asking that the City Council rescind their action in levying a bridge tax for City Bridge purposes for the year 1928. Action deferred. Council to meet with Board of Su- pervisors at an informal meeting to be held Friday, Sept. 7th, 1928. Clerk instructed to notify said Board. No motion. Representatives of the 'felegraph- Herald and Times- Journal newspa- per were also notified to attend this meeting for conference relative to advertising rates for printing Offi- cial Notices and Council Proceed- ings of the City. 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. Nays —None. Absent— Councilman Yount. Mr. W. B. Martin addressed the Council relative to the proposed or- dinance licensing Gasoline Curb Pumps, asking that action on this ordinance be deferred to the regular' meeting of the Council in October. Councilman Meuser moved that the petition be granted. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert. Nays —None. Absent — Councilman Yount. An Ordinance establishing a grade on Alley, first east of Center Place, from the north property line of Ju- lien Avenue to the south property property line of Rose Street, being profile No. 1205, 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, Schuckert. Nays —None. Absent — Councilman Yount. ii I I ,II1 11I Special Session, September 12th, 1928 289 one week for public inspection this 12th day of September, 1928. Councilman Schuckert moved that the resolution be approved and placed on file for one week for pub- lic inspection. Seconded by Council- man Meuser. Carried by the follow- ing vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert. Nays —None. Absent — Councilman Yount. September 12th, 1928. To the Honorable Mayor and City Council, Dubuque, Iowa: Gentlemen: I recommend that the contract for all gas connections in and upon the following streets be awarded to the Key City Gas Co., they being the lowest bidder, their price being 70 cents per lineal foot: Plymouth Street from the west property line of South Grandview Avenue to the easterly line of Lots 20 and 22, Grandview Heights Addi- tion, and Victoria Street from the south property line of Plymouth Street to the southerly line of Lot 37, Grandview Heights Addition. Respectfully submitted, 0. A. KRATZ, . City Manager. Imp. Form No. 5. Resolution Awarding Contract. Whereas, proposals have been submitted by contractors for the in- stalling of underground connections with gas mains on the improvement of Plymouth Street from the west property line of South Grandview Avenue to the easterly line of Lots 20 and 22, Grandview Heights Addi- tion, and Victoria Street from the south property line of Plymouth street to the southerly line of Lot 37, Grandview Heights Addition, and Key City Gas Company, 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 contract for the installing of under- ground connections with gas mains on the improvement of 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, Grand- view Heights Addition, be awarded to, Key City Gas Company, 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 12th day of September, 1928. Councilman McEvoy moved that the resolution be approved and placed on file for one week for pub- lic inspection. Seconded by Council- man Schuckert. Carried by the fol- lowing vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert. Nays —None. Absent — Councilman Yount. Imp. Form No. 5. Resolution Awarding Contract. Whereas, proposals have been submitted by contractors for the improvement of the Alley first east of Center Street from the north property line of Julien Avenue to the south property line of Rose Street by grading, paving with six - inch plain concrete and construct- ing underground connections with sewer main, and Uhlrich -Paley Co., contractors, have submitted the low- est bid for the furnishing of all la- bor and materials and perfoming 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 contract for the improvement of the Alley first east of Center Street from the north property line of Ju- lien Avenue to the south property line of Rose street for the grading, paving and installing underground connections with the sewer main, 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 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 fourth day of September, 1928. Passed and adopted this 12th day of September, 1928. JOHN H. MACLAY, Mayor. ED. McEVOY, WM. H. MEUSER, HENRY F. SCUCKERT, Councilmen. Attest: JOHN STUBER, City Clerk. 288 Special Session, September 12th, 1928 Jas. F. Lee Paving Co.- 5470 sq. yds. 6" concrete 3000 sq. ft. sidewalk 800 lin. ft. comb. curb and gutter .7 7 boulevard lights 1,820.00 Total 12,026.00 Uhlrich -Paley Co.- 5470 sq. yds. 6" concrete 3000 sq. ft. sidewalk 800 lin. ft. comb. curb and gutter .84 7 boulevard lights 2,440.00 Total 14,148.00 Uhlrich -Paley Co.— Water connections, 20 lin. ft Jas. F. Lee Paving Co.— Water connections, 20 lin. ft 3.50 Engineer's estimate, $16,994.00. I would respectfully recommend that the contract for the improve- ment of Plymouth and Victoria Streets with concrete, also for side- walks, curb and gutters and 7 Bou- levard Electric Lights be awarded to Jas. F. Lee Paving Co., as their bid is the lowest one received. I also recommend that the contract for the water connections on these streets be awarded to Uhlrich -Paley Company, as their bicl is the lowest one received. Respectfully submitted, 0. A. KRATZ, City Manager. Imp. Form No. 5. Resolution Awarding Contract. Whereas, proposals have been sub- mitted by contractors for the paving, curb and guttering, installing of Boulevard Light Fixtures, for the construction of sidewalks and drive- ways on the improvement of Ply- mouth Street from the west prop- erty line of South Grandview Ave.. nue 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, Grand- view Heights Addition, and Jas. F. Lee Paving Company, contractors, have submitted the lowest bid for the furnishing of all labor and mater- ials 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 paving, curb and gut- tering, installing of Boulevard Electric Light Fixtures, for the con- struction of sidewalks and drive- ways on the improvement of Ply- mouth Street from the west proper- ty line of South Grandview Avenue to the easterly line of Lots 20 and 22, Grandview Heights Addition and Victoria Street from the south prop- erty line of Plymouth Street to the southerly line of Lot 37, Grandview 1.69 .16 1.94 .20 $2.25 Heights Addition, be awarded to Jas. F. Lee Paving Company 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 12th day of September, 1928. Councilman Schuckert moved that the resolution be approved and placed on file for one week for pub- lic inspection. Seconded by Council- man Meuser. Carried by the follow- ing vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert. Nays —None. Absent— Councilman Yount. Imp. Form No. 5. Resolution Awarding Contract. Whereas, proposals have been submitted by contractors for the in- stalling of underground connections with water mains on the improve- ment of Plymouth Street from the west property line of Grandview Avenue. to the easterly line of Lots 20 and 22, Grandview Heights Addi- tion, and Victoria Street from the south property line of Plymouth Street to the southerly line of Lot 37, Grandview Heights Addition, and Uhlrich -Paley Company, contrac- tors, 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 installing of under- ground connections with water mains on the improvement of Ply- mouth Street from the west proper- ty line of South Grandview Avenue to the easterly line of Lots 20 and 22, Grandview Heights Addition, and Victoria Street from the south prop- erty line of Plymouth Street to the southerly line of Lot 37, Grandview Heights Addition, be awarded to Uhlrich -Paley Company, and the Mayor and Manager be and they are hereby directed to execute a con - troct 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 290 Special Session, September 12th, 1928 Special Session, September 12th, 1928 291 Councilman McEvoy moved the adoption of the resolution. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilman McEvoy, Meuser, Schuckert. Nays —None. Absent Councilman Yount. Grade Ordinance having passed upon first and second reading, p sented and read a third time. j AN ORDINANCE ESTABLIS1rIrP1G �__, A GRADE ON ALLEY FI• ST i, \-) EAST OF CENTER STREET • FROM THE NORTH PROPERTY V_ LINE OF JULIEN AVENUE TO THE SOUTH PROPERTY LINE OF ROSE STREET. Be it Ordained by the City Council of the City of Dubuque: Section 1. That a grade of the al- ley first east of Center Street from the north property line of Julien Avenue to the south property line of Rose Street, be and the same is hereby established and adopted as shown by the profile of -said Street and grade prepared by the City En- gineer, being Profile No. 1205, and marked "Profile showing grade of alley first east of Center Street from the north property line Julien Ave- nue to the south property line of Rose Street." B. M. on stone wall N. E. corner Wilson Street to Jtilien Avenue, elevation 243.80. Said grade begins at Sta. 0+00 N. Prop. line., Julien Aye., center line - eldif.- 5255, thence to Sta. 2+00 center line elev. 271,68, being be -, ginning of 320' Vertical Curve, thence to Sta. 5;1-20 center line elev. 270.24, being end of 320' Vertical Curve; thence to Sta. 5 +75 center line elev. 264.50, being beginning of 50 ft. vertical curve, thence to Sta. 6+25 center line elev. 260.74, being end of 50 ft. vertical curve, thence to Sta. 7 +01 center line elev. 257.2, being south prop. line Rose Street. Section 2. This ordinance shall be in force and take effect from and after its passage by the City Coun- cil and its publication one time in the Dubuque Telegraph - Herald and Times - Journal newspaper. Passed upon first and second read- ing Sept. 4th, 1928. Adopted and approved this 12th day of September, 1928. effieia ly Sept. 17th, 1928. JOHN H. MACLAY, Mayor. ED. McEVOY, WM. H. MEUSER, HENRY F. SCHUCKERT, Councilmen. JOHN STUBER, City Clerk. Attest: Published officially' in the Tele- graph- Herald and Times - Journal newspaper Sept. 17th, 1928. JOHN STUBER, Sept. 17 -1t City Clerk. Councilman Schuckert moved the adoption of the ordinance. Seconded by Councilman Meuser. Carried by the following vote: Yeas — Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert. Nays —None. Absent — Councilman Yount. Imp. Form Nod 6. Certificate of City Manager. Dubuque, Ia., Sept. 12th, 1928. To City Council: Subject: Acceptance of the Im- provement of Johnson Street. The undersigned hereby certifies that the contract for the paving. constructing of driveways, sidewalks, downspout drains and the installing of underground connections with sewer and water mains, of Johnson Street from the west property line of Garfield Avenue to the east prop- erty line of East Twenty- second Street, except where already paved, James Saul & Son, contractors, has been completed. • I further certify that this work has been done in accordance with the plans and specifications and stip- ulations of the contract and I would therefore recommend its acceptance by the Council. 0. A. KRATZ, City Manager. Imp. Form No. 7. Resolution Accepting Improvements and Directing the Clerk to Pub- lish Notice. Whereas, The contract 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, by paving, construct- ing driveways, sidewalks, downspout drains and the installing of under- ground connections with sewer and water mains, has been completed and the City Engineer has examined the work and filed his certificate stating that the same has been com- pleted according to the terms of the contract, plans and specifications and recommends its acceptance, now therefore, Be it Resolved by the Cityl Coun- cil of the city of Dubuque, That the recommendation of the City Engi- neer be approved and that said im- provement be and the same is here- by accepted and the City Manager be and he is hereby directed`to pre- pare a plat and schedule showing the lots and parcels of real estate sub- ject to assessment for said improve- ments and file the same in the of- fice of the City Clerk, subject to pub- lic inspection, and said Clerk shall upon receipt of such plat and sched- ule publish the notice of the Coun- cil's intention to levy special assess- ments therefor, as required by law. Bt it further resolved that the City Treasurer be and he is hereby directed to pay the contractor from the funds to be realized from the sale of improvement bonds issued upon the above described improve- ments, namely the paving and con- struction of driveways, an amount equal to the amount of his contract, less any retained percentage pro- vided for therein; and also that the City Treasurer be and he is hereby directed to pay to the contractor with certificates for the construction of sidewalks, downspout drains and for the •installing of underground connections with the sewer and water mains, in amounts equal to the amount of his different contracts, less any retained percentage pro- vided for therein. Passed, adopted and approved this 12th day of September, 1928. JOHN H. MACLAY, Mayor. ED. McEVOY, WM. H. MEUSER, HENRY F. SCHUCKERT, Councilmen. Attest: JAHN STUBER, City Clerk. Councilman Schuckert moved the adoption of the resolution, seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert. Nays —None. Absent — Councilman Yount. Dubuque, Ia., Sept. 12th, 1928. To the Honorable Mayor and City Council, Dubuque, Iowa: Gentlemen: In accordance with your instructions and our adver- tisement, bids were to be received at 10 A. M. Wednesday, September 12th, for the construction of various side- walks. I beg to report that no bids were received and I would respect- fully recommend that the City Clerk be instructed to re- advertise for bids covering the sidewalks in question. A list of said sidewalks and Notice to Bidders are attached to this com- munication. Respectfully submitted, 0. A. KRATZ, City Manager. Councilman Schuckert moved that the communication of the City Man- ager be approved and the Clerk be instructed to readvertise for bids. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert. Nays —None. Absent — Councilman Yount. Notice of publication certified to by the publisher, that pursuant to direction of the City Council public notice is hereby given that sealed bids will be received for the con- struction and repair of permanent sidewalks. Notice to Sidewalk Contractors. Persuant to the direction of the City Council, public notice is given that sealed bids will be received for the construction and repair of per- manent sidewalks to be laid in front of and abutting upon the lots or par- cels of real estate herein described, to -wit: South 2 -5 of City Lot 475, St. Joseph's Parsonage, owner, width of sidewalk 6 feet; Lot 1, College Sub., M. L. and J. E. Kemler, own- ers, width of sidewalk 5 feet; Lot 21, Finley Home Add., Ella B. Wim- mer, owner, width of sidewalk 5 feet; Lott 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 sidewalk, 5 feet; Lot 1 of 20, Finley Home Add., C. B. Trewin, owner, width of sidewalk 5 feet; Lot 22, High Street Sub., Realty Inv. Corp., owners width of sidewalk 5 feet; Lot 1, High Street Sub., Ursula Dom - enig, owner, width of sidewalk 5 feet; Lot 3 of Min. Lot 314, Independent School District, owner, width of side- walk 5 feet; Lot 2 of Min. Lot 314, Independent School District, owner, width of sidewalk 5 feet. Such side- walks will be constructed and re- paired in accordance with plans and specifications heretofore prepared by the Engineer and approved by the City Council and now on file in the office of the City Clerk, to which specifications and plans the contrac- tor is directed for information re- garding the method of construction and materials to be used. All work shall be completed on or before the 15th day of October, 1928. The con- tractor must accompany his bid by a certified check upon a Dubuque bank in an amount equal to 5 per cent of his bid, which check shall be for- feited as liquidated damages in the event the contractor to whom the contract is awarded refuses or fails to enter into such a contract. Pay- ment will be made to the contractor in certificates in form and manlier provided by law and the ordinances of the City of Dubuque, That all bids must be filed with the City Clerk it ii 292 Special Session, September on or before 10 A. M. of the 12th day of September, 1928. Given under my hand this 27th day of August, 1928. JOHN STUBER, 8 -27 2t City Clerk. Councilman Meuser moved that the notice be received and filed. Second- ed by Council Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert. Nays —None. Absent — Councilman Yount. There were no bids received. Petition of Mrs. Julia Taylor re- ferred to the City Council by the Board of Supervisors, asking that the 1928 tax on 1 of 12, Columbia Addi- tion, assessed to the Chas. Taylor Estate, be cancelled, also tax on per- sonal property (piano) presented. Councilman Schuckert moved that the petition be referred to the City Solicitor. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert. Nays —None. Absent— Councilman Yount. Petition of John McCauley, by Mary McCauley, referred to the City Council by the Board of Supervisors, asking that the valuation of lot 12, Mills' West Dubuque Add. (assessed for $900) be reduced for 1928. 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, Schuckert. Nays —None. Absent — Councilman Yount. Petition of Henry and Minnie Maus, referred to the City Council by the Board of Supervisors, asking that the taxes for the current year on lot 6, High Street Sub., be sus- pended. Councilman McEvoy moved that the petition be referred to the City Solicitor. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert. Nays —None. Absent — Councilman Yount. Petition of Mrs. Elizabeth Engel referred to the Council by the Board of Supervisors, asking that she be exempted from paying taxes in the future on her property, No. 45 Gan- dolfo Avenue. Councilman Schuckert moved that the petition be referred to the City Solicitor. Seconded by Councilman 12th, 1928 Meuser. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert. Nays —None. Absent — Councilman Yount. Sign bonds of E. P. Lischer, re- newel of sign bond of Birndorf Bros., and contractor's bond of Ray Klass, presented for approval. Being properly executed, Council- man Schuckert moved that they be received and placed on file. Second- ed by Councilman Meuser. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert. Nays —None. Absent— Councilman Yount. City Council Proceedings for the month of July, 1928, presented for approval. Councilman Meuser moved that they be approved as printed and placed on file. Seconded by Council- man Schuckert. Carried by the fol- lowing vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert. Nays —None. Absent — Councilman Yount. Communication from the Dubuque Chamber of Commerce, stating that at a meeting of the Maritime Com- mittee of the Chamber of Commerce. there was a discussion with regard to the conference to be held at the Nicollet Hotel, Minneapolis, Minn., at 10:00 A. M. Friday, Sept. 14, 1928. This meeting is for the purpose of discussing and preparing a pres- entation to the U. S. Board of En- gineers for Rivers and Harbors in Washington, in opposition to the un- favorable report of Major C. L. Hall, District Engineer of Rock Island, and in favor of a nine -foot channel for the Upper Mississippi river. It was the consensus of opinion of this board, that Dubuque should be represented at this meeting by two representatives from the City of Du- buque and two from the Chamber of Commerce. The subject matter of this meeting, a nine -foot channel for the Upper Mississippi river is of first importance to the Mississippi valley, that in the river transportation sys- tem of the country they would be on a parity with the Ohio, the Illinois, the lower Mississippi and the Mis- souri rivers, and they urge that the Council appoint a committee to rep- resent the City. Councilman Meuser moved that the communication be filed, and that Mr. S. G. Creswick of the Dubuque Ship- pers' Assn. be appointed to repre- sent the City of Dubuque at this Conference and the Clerk be in- structed to notify Mr. Creswick of Special Session, September 12th, 1928 his appointment. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert. Nays —None. Absent— Councilman Yount. A communication from the Realty Investors Corporation, owner of lot 1 of 22, protesting and objecting to any action by the City of Dubuque relative to any proposed contrac, order, undertaking or proceedings relative to the construction of a concrete walk on the Johnson Street side of lot 1 of lot 22 of High Street Sub. and giving reasons therefor. One of the reasons being that by reason of the street construction work the existing sidewalk was dis- placed and torn up for a consider- able distance, necessitating relaying and filling joints with sand, but no changes, substitutions or addition of material, or replacements, altera- tions or reconstructions of the hard paving brick units making up same were required, and that no new walk or parts of walk would have been required, and no relaying ne- cessitated, except for the tearing up of the walk by reason of said street improvement. Councilman Schuckert moved that the petition be received and filed. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert. Nays —None. Absent — Councilman Yount. Sept. 8, 1928. Mr. Louis C. Kolfenbach, care Voel- ker Realty Co., Dubuque, Iowa. Dear Sir: The City Council has instructed me to inform you that you will be required to construct a concrete sidewalk on the Johnson Street side of Lot 1 of 22, High Street Subdivision as described in your communication to the Council on September 7th, said walk to be constructed as per resolution and advertisement complying with City specifications for concrete sidewalks. I trust that you noted the news item in last night's Telegraph -Her- ald concerning permits for future work of the above nature. Very truly yours, O. A. KRATZ, City Manager. Councilman Schuckert moved that the Clerk be instructed to notify the Building Commissioner to inform Mr. B. A. Ruegnitz that he must file a bond with the City for the opera- tion of his sign in front of his place of business at No. 625 Rhomberg Avenue. Seconded by Councilman 293 McEvoy. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert. Nays —None. Absent — Councilman Yount. There being no further business, Council adjourned. JOHN STUBER, City Clerk. Approved 1928. Adopted 1928. Councilmen Attest: City Clerk. 294 Special Session, September 19th, 1928 GITY COUNOIL (Official) Special 1928. Meeting called to order by Mayor Maclay, and Councilman Schuckert. Council met at 5:00 o'clock P. M. Present —Mayor Maclay, Council- men 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 awarding contracts for the improvement of Plymouth Street and Victoria Street and acting on any other business that may properly come before the meeting. Resolution Awarding Contract. Whereas, proposals have been sub- mitted by contractors for the paving, curb and guttering, installing of Boulevard Electric Light Fixtures, for the construction of sidewalks and driveways on the improvemens of Plymouth Street from the west property line of South Grandview Heights Addition and Victoria Street from the south property line of Plymouth Street to the southerly line of lot 37, Grandview Heights Addition, and James F. Lee Paving Company, contractors, have sub - mited the lowest bid for the furnish- ing of all the labor and materials and performing the work as provid- ed in the plans and specifications; now therefore, Be it resolved by the City Council of the City of Dubuque that the con- tract for paving, curb and guttering, installing Boulevard Electric Light Fixtures, for the construction of sidewalks and driveways on the im- provement of 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, be awarded to Jas. F. Lee Paving Company, and the Mayor and the 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. 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 12th day of September, 1928. Session September 19th, Passed and adopted this 19th day of September, 1928. JOHN H. MACLAY, Mayor. ED. McEVOY, HENRY F. SCHUCKERT, EARL YOUNT, Councilmen. JOHN STUBER, City Clerk. Councilman Schuckert moved the adoption of the resolution. Seconded by Councilman McEvoy. 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 install- ing of underground connections with water mains on the improvement of Plymouth Street from the west property line of South Grandview Avenue to the easterly line of Lots 20 and 22, Grandview Heights Addi- tion, and Victoria Street from the south property line of Plymouth Street to the southerly line of Lot 37, Grandview Heights Addition, and Uhlrich -Paley Company, contractors, have submitted the lowest bid for the furnishing of all labor and ma- terials and performing the work as provided 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 installing of under- ground connections with water mains on the improvement of Ply- mouth Street from the west property line of South Grandview Avenue to the easterly line of Lots 20 and 22, Grandview Heights Addition and Vic- toria Street from the south property line of Plymouth Street to the north- erly line of Lot 37, Grandview Heights Addition, be awarded to Uhlrich -Paley Company, 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 res- olution being deemed urgent and of immediate necessity become effective from and after its passage and adoption by the City Council. Approved and placed on file for one week for public inspection this 12th day of September, 1928. Passed and adopted this 19th day of September, 1928. JOHN 11. MACLAY, Mayor. ED. McEVOY, HENRY F. SCHUCKERT, EARL YOUNT, Councilmen. Attest: Special Session, September 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, Schuckert, Yount. Nays —None. Absent — Councilman Meuser. Resolution Awarding Contract. Whereas, proposals have been sub- mitted by contractors for the install- ing of underground connections with gas mains on the improvement of Plymouth Street from the west property line of South Grandview Avenue to the easterly line of Lots 20 and 22, Grandview Heights Addi- tion, and Victoria Street from the south property line of Plymouth Street to the southerly line of Lot 37, Grandview Heights Addition, and the Key City Gas Company, contrac- tor, 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 installing of underground connections with gas mains on the improvement of 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 southerly, tion, be awarded to the Key City Gas Company, and the Mayor and Manager be and they are hereby di- rected to execute a contract on be- half of the City of Dubuque for the complete performance of the 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 12th day of September, 1928. Passed and adopted this 19th day of September, 1928. JOHN H. MACLAY, Mayor. ED. McEVOY, 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, Schuckert, Yount. 19th, 1928 295 Nays —None. Absent — Councilman Meuser. Communication • from the U. S. Fidelity and Guaranty Bonding Company, giving their consent to the extension of time of 30 days from Sept. 4th, for the completion of the contract of Storm Sewer in Dodge Street, Anton Zwack, Con- tractor. Councilman Schuckert moved that the communication be received and filed with the original petition. Sec- onded by Councilman McEvoy. Car- ried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Schuckert, Yount. Nays —None. Absent — Councilman Meuser. Report of the City Manager, to- gether with reports of the City Auditor, City Treasurer and City Waterworks for the month of Aug- ust, 1928, presented. Councilman Schuckert moved that the reports be approved, adopted and placed on file. Seconded by Councilman Yount. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Schuckert, Yount. Nays —None. Absent Councilman Meuser. Petition of Edward Weitz, re- ferred to the Council by the Board of Supervisors, asking that the sec- ond one -half of the 1927 tax on Lot 11, Weland's Sub., be suspended, also personal property taxable value of which is $25.00. Mr. Weitz is at the Sunny Crest Hospital, and is not able to pay the tax. 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, Schuckert, Yount. Nays —None. Absent — Councilman Meuser. Renewal bond of Allan Sigman, Secretary of the City Manager, pre- sented for approval. Being properly executed, Council- man Schuckert moved that it be re- ceived and filed with the original bond. Seconded by Councilman McEvoy. Carried by the following vote: • Yeas —Mayor Maclay, Councilmen McEvoy, Schuckert, Yount. Nays —None. Absent — Councilman Meuser. Petition of James Saul & Son, ask- ing that the Council grant him an extension of time for the completion of the contracts on the improve- ments of Roberts, West 8th, Wilson and West 4th Streets, to October 15, 1928. 296 Special Session, September 19th, 1928 Councilman McEvoy moved that the prayer of the petition be granted providing it is agreeable to the Bonding Company. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Schuckert, Yount. Nays —None. Absent — Councilman Meuser. City Solicitor Czizek reported on the claim of Sylvia Mathis, on ac- count of personal injuries sustained by her in falling on a defective side- walks on Broadway, stating that he has had an interview with Mr. and Mrs. Mathis relative to this `claim and that he had personally viewed the place where this accident hap- pened. He states further that they were perfectly satisfied to settle this claim for the actual expense that they were put to on account of this accident, which amounts to $380.50, and he recommends that the Council settle for this amount, and if agreeable that the Auditor be in- structed to draw a warrant in this amount in favor of Mrs. Sylvia Mathis. Councilman Schuckert moved that the recommendation of the City So- licitor be approved and the Auditor be instructed to draw a warrant in favor of Mrs. Sylvia Mathis for $380.50, settlement in full of this claim. Seconded by Councilman Yount. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Schuckert, Yount. Nays —None. Absent — Councilman Meuser. To the Honorable Mayor and City Council of the City of Dubuque: Gentlemen: As I understand the Council has indicated its willingness to have submitted to the electors of the City of Dubuque the question of the purchase of Olinger Park for playground purposes providing the price was fixed at $27,500.00, and in- as much as such price has now been agreed to by the owners of this property, I immediately prepared a petition and had a large number of them printed so that the same may be circulated at once for the neces- sary signatures. Before the Council is authorized to call a special elec- tion for this purpose, a petition signed by at least 25% of the total number of votes cast at the last regular municipal election must be submitted to the Council, requesting the calling of such election. In order that the election may be held in conjunction with the general elec- tion to be held on November 6, 1928, these petitions must be put into cir- culation at once so that they will be on file not later than the last day of next week, since the resolution call- ing the election must be acted upon by the Council and adopted at its regular meeting in October. The no- tice calling the election must be published once a week for four con- secutive weeks and the election can- not be held less than five days nor more than 20 days after the last publication. So you will be impress- ed with the necessity of having all petitions signed and filed before the first day of October next. Judges and Clerks of Election and registra- tion officials must also be appointed at this time and arrangements should be made whereby the same judges and clerks and registration officials who will have charge of the general election will also serve for this election. This was done in con- nection with the submission of the creation of a Dock Board in 1926 and worked satisfactorily. It ought to be arranged again. I have prepared an option agree- ment which the owners of the prop- erty, through their authorized attor- ney in fact, Mr. Elfmann, afe ready to sign and the same is herewith submitted. In order to give the Mayor authority to execute this agreement on behalf of the city a resolution should be adopted, and I have prepared such resolution and recommend its adoption at this meeting. You will observe that this option provides that the city may purchase this property for $27,500 and is so conditioned that it is de- pendent upon the affirmative vote of the electors at the special election to be held on November 6, 1928. It continues in force until December 15, 1928, at which time it is expected that all of the proceedings will be taken by the Council which are nec- essary to authorize the issuance of the bonds and that the bonds will be sold by that time. I have figured out the time and believe all pro- ceedings can be completed by the time stated if the Council acts promptly upon all matters connected therewith. Respectfully submitted, M. H. CZIZEK, City Solicitor. Resolution Authorizing the Mayor to Execute Option Agreement for Purchase of Olinger Park on Be- half of the Cif of Duuque. Whereas, the owners of the real estate commonly known as Olinger Park and located in the City of Du- buque, have agreed to sell the same to said city for the sum of $27,500 and are willing to give to such city an option to purchase the same at Special Session, September 19th, 1928 297 said price, providing the electors thereof vote in favor of such pur- chase at a special election to be held on November 6, 1928; and Whereas, this Council believes that such price is reasonable and that a splendid opportunity is now afforded this City to acquire said property for playground purposes. Now, there- fore, Be It Resolved by the City Council of the City of Dubuque that the Mayor be, and he is hereby authoriz- ed and directed to execute such op- tion agreement on behalf of such City of Dubuque. Passed, adopted and approved this 19th day of September, 1928. J. H. MACLAY, Mayor. ED. McEVOY, HENRY F. SCHUCKERT, EARL YOUNT, Councilman. 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, Yount. Nays —None. Absent — Councilman Meuser. Option and Agreement. Whereas, Susie Olinger Straub, and Paul F. Straub, her husband, are the owners of real estate herein- after described and that they have duly appointed W. H. Elfman of Du- buque, Iowa, their attorney in fact, to negotiate with the City of Du- buque, a municipal corporation of Iowa, for the sale of said real estate; and Whereas, the price of said real es- tate has been agreed upon between the parties hereto at the sum of Twenty -seven Thousand Five Hun- dred Dollars ($27,500), and the City of Dubuque is desirous of acquiring said property for playground pur- poses, but before the same can be purchased authority must be given the Council thereof through an elec- tion to be held at which the question shall be voted upon,. which election is proposed to be held on November 6, 1928. Now, therefore In consideration of the sum of $1.00 in hand paid and other valua- ble consideration, the receipt of which is hereby acknowledged, said W. H. Elfmann hereby grants to the City of Dubuque the right and op- tion to purchase said real estate for the sum of $27,500.00, the same be- ing described as Lots No. 1 to No. 46, both inclusive in Boulevard Addition to the City of Dubuque, Iowa, and it is agreed between the parties hereto that should the electors of the City of Dubuque vote favorably upon the proposition of acquiring said real estate at said election, said City of Dubuque will purchase the same for the price stated, but if said proposition is defeated at said elec- ton this option shall expire and there shall be no obligation upon the part of either party to continue the same in effect. Said W. H. Elfmann further agrees that should said proposition be adopted then the time for the pay- ment of said purchase price shall be stipulated to be when and after all necessary proceedings have been taken by the City Council for the is- suance and sale of bonds and the proceeds to be derived therefrom shall be used for the purchase of said real estate, it is expressly un- derstood that all matters in relation hereto shall be fully completed on or before December 15, 1928. This agreement is dulty executed by the parties hereto this 19th day of September, 1928, the Mayor of the City of Dubuque being authorized to sign the same on behalf of said City under direction of the City Council. CITY OF DUBUQUE. W. H. ELFMAN. By JOHN H. MACLAY, Mayor. Report, of S. G. Creswick, Who Was Appointed to Represent the City of Dubuque at Conference Relative to Project of Nine -Foot Channel on Upper Mississippi River. The conference convened at the Nicollet Hotel, Minneapolis, 10 A. M. September 14th, C. C. Webber, of Minneapolis, presiding. It was called for the purpose of arousing interest in the Mississippi Valley Cities and to file protest with the Board of En- gineers, Washington, D. C., against the report of Major Hall, U. S. Army Engineers, Rock Island, Ill., who re- cently submitted to his superiors a report unfavorable to the construc- tion of a nine -foot channel on the Mississippi river, St. Louis to the Twin Cities inclusive. The basis of the adverse report of Major Hall is that "the maximum savings per ton mile due to transportation on a nine - foot channel over those of a six -foot depth, multiplied by the potential ton mileage of barge traffic, are en- tirely insugicient to repay the min- imum cost of the proposed improve- ment." The interest aroused by the ad- verse report is very keen. Represen- tatives from all principal cities along the Mississippi river, including Chicago, St. Louis, Kansas City and Sioux City were present and letters =i — 298 Special Session, September 19th, 1928 were received from other cities en- dorsing the conference, but unable to send representatives. The ser- iousness of the conditions created by the report were not minimized. It was recognized that prompt and careful preparation is necessary not only to over turn the adverse report but also to convince the Board of Engineers that the construction of a nine -foot channel is necessary and vital to the welfare of the middle west. The report is made pursuant to Act of Congress and must be ap- proved by the Board of Engineers and General Judwin, Chief of En- gineers, and finally approved by the Rivers and Harbors Committee of Congress. Considerable discussion of the situation was manifested at the conference. It was felt that Major Hall had gone beyond his knowledge when basing his report on the po- tential tonnage available for barge line movement, his experience fitting him to cover the engineering feat- ures only. The report does not state that a ninefoot channel is impossible from an engineering standpoint. Some of the reasons set out in fav- or of a nine -foot channel on the Up- per Mississsippi River are: (1) The necessity for an economic outlet for the commerce of the middle -west and as an aid to the farmer. (2) The co- ordination of all major inland waterway improvements on a uni- form depth, the lower Mississippi and Ohio rivers now having, or in the process of construction, nine - foot channels; the proposals to build nine -foot, channels on the Illinois River and on the Missouri from St. Louis to Kansas City, and 3rd the discriminatory freight rates and ad- justment against the middle -west cities created by the construction of the Panama Canal. It was the unanimous decision of the conference that action should be taken to defeat the adverse report of Major Hall. The protest to be filed with the Board of Engineers will be supported by engineering and ton- nage data. The conference elected an executive committee which ■s ar- ranging hearing before the Board on October 15th. The tonnage data from Dubuque is being gathered together by the Dubuque Shippers' Associa- tion. The City of Dubuque is vitally in- terested in the successful outcome of this fight for a nine -foot channel. A six -foot channel on the Upper river means that we will be on the "narrow gauge division" of a great transportation system with all its operating difficulties and inability to handle a maximum volume of ton - nige. The real success of transpor- tation on the Upper Mississippi river which is of tremendous importance to our local industries and the indus- trial development of Dubuque as well as to this territory generally, depends upon a nine -foot channel and this reason coupled up with our investment in river terminals neces- sitates our full support be placed behind the efforts now being made for an adequate channel, which will enable maximum development of the Upper river for commercial traffic to be attained. Respectfully submitted, S. G. CRESWICK. Councilman Schuckert moved that the rules be suspended to allow any- one present who wished to do so to addrefs the Council. Seconded by Councilman Yount. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Schuckert, Yount. Nays —None. Absent — Councilman Meuser. Mr. S. G. Creswick addressed the Council and presented and read the above report. Councilman Schuckert moved that the report be received and filed and made a matter of record, Seconded by Councilman Yount. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Schuckert, Yount. Nays —None. Absent — Councilman Meuser. Duplicate. Dubuque, Ia., April 14, 1928. Hon. John H. Maclay, Mayor, and Members of the City Council of the City of Dubuque, Dubuque, Iowa. Gentlemen: Your petitioner re- spectfully represents that she was on or about the 18th day of January, 1901, appointed, and thereabouts qualified. and is now, and has been since said date, the duly acting ad- ministratrix of the Estate of Mar- garet O'Shea, deceased. That said Margaret O'Shea, de- ceased, left city property title to which vested in her heirs at the time of her death, known and described as follows, to -wit: Lot No. 5 of the Subdivision of Subdivision of Mineral Lot 28, in the City of Dubuque, Iowa. That said described lot is now known and designated as "Mineral Lot 28, Lot 4, and abuts on South Grandview Avenue, in the City of Dubuque." The undersigned respectfully rep- resents that the City has assessed or attempted to assess to said property, for water connections, a sum aggre- Special Session, September 19th, 1928 299 gating Four_ Hundred and 62 -100 Dollars, ($400.62), with accumulated interest. That the said City of Dubuque on or about the 23rd day of December, 1926, paid the delinquent assessment and took a certificate of sale, at- tempting thereby to attach by said act a lient to said property to cover the assessment so levied. The undersigned now claims that said certificate is null and void and of no force and effect, by reason of the failure in the part of the City of Dubuque, and its duly constituted of- ficers to secure service of the notice upon the undersigned in her repre- sentative capacity as Administratrix of the Estate of said Margaret O'Shea, deceased. That by reason of the failure of said City to give said notice as re- quired by law, the heirs holding title to this real estate had no knowledge of the contemplated action on the part of the City to levy said assess- ment. The undersigned further repre- sents that the City Council failed to comply with the provisions of the law as set out in Section 5982 of the Code of 1924, in the following par- ticulars, to -wit: First: There is no report on file by the City Manager, who, under Chapter 328, Section 66669, Par. 12, is charged with the management of the Municipal Water plants, showing that he made a report to the Council of Lots and names of the owners, and the requirements in respect to connections from any water main or pipes to the curb line of the abutting and adjacent property, on Grand- view Avenue where this property is located. Second: An investigation of the files fails to disclose any notice served upon, the undersigned as Ad- ministratrix of the Estate of Mar- garet O'Shea, deceased. Third: There is no report on file showing that the Water Works Trus- tees, or the Manager put in said con- nections, and no certificate as to the cost of same returned by the Mana- ger, or said Water Works Depart- ment. Fourth: The resolution directing that these connections be made, and the paragraph with relation thereto, reads as follws: "Install sewer, water and gas con- nections to every lot; in case a lot has more than 50 foot frontage ad- ditional connections to be installed to furnish one connection for every 50 fe The City Map, and the Plat rec- ords of this property, in the Record of Plats, Dubuque County, Iowa, show that it is acreage property and not sub - divided. Therefore, the City Council ex- ceeded its authority under the law in directing or attempting to make a connection for every 50 feet, and charging same against this particu- lar property. Our Supreme Court has said, with relation to this matter, the follow- ing: "It therefore follows, that where more than one sewer or water con- nection is charged against any in- dividual lot or acreage which has not been subdivided, the town is acting wholly without jurisdiction, and that an injunction should issue accord- ingly." I have paid to date for gas con- nections Seventy -seven and .01 -100 Dollars ($77.01). I have paid for sewer connections an aggregate of Two Hundred Thirty -seven and 70 -100 Dollars ($237.70). On the street improvement Seven Hundred Four and .05 -100 Dollars ($704.05) ; or aggregating One Thousand Eigh- teen and 76 -100 Dollars, $1,018.76). I refuse to pay the illegal assess- ment for water connections but am willing and do hereby offer to tender to the City, in lieu of taking this matter into court, the actual expense or cost of one connection, less any interest charge, as I do not believe I should be charged with interest in- asmuch as I have always been pre- pared to pay, without admitting that I am now legally liable for same, just what the law allows to be charged against my property. I am aged and feeble; my means are very limited and I respectfully submit this petition, tendering set - tlemen on a legal basis, in the hope that it may receive favorable consid- eration at the hands of your honor- able body. While I claim that the Estate, with the objections pointed out herein, is not liable for any sum, I am never- theless willing out of my own funds to reimburse the City for one water connection from the water main to the curb. (Signed) ANNIE O'SHEA, Administratrix of the Estate of. Margaret O'Shea, deceased. City Solicitor M. H. Czizek report- ed that he went over this matter thoroughly with Miss Annie O'Shea and her Attorney, and that they are willing to pay the assessment for two connections, and if agreeable to the Council he recommends that the City accept this amount, and upon payment of same, cancel the balance due and surrender the tax sale cer- i 300 Special Session, September 27th, 1928 tificate now held by the City. Councilman Schuckert moved that the recommendation of the City So- licitor be approved and the Treasur- er be instructed accordingly. Sec- onded by Councilman McEvoy. Car - rie'd by the following vote: Yeas -Mayor Maclay, Councilmen McEvoy, Schuckert, Yount. Nays —None. Absent — Councilman Meuser. There being no further business, Council adjourned. JOHN STUBER, City Celrk. Adopted.......................... ............................... 1928. Approved ....................... ............................... 1928. Councilmen Attest: City Clerk. CITY COUNCIL (Official) Special Session September 27th, 1928. Meeting called to order by Mayor Maclay and Councilman Yount. Council met at 5 O'clock P, M. Present —City Manager Kratz, Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Absent —None. Mayor Maclay read the call and stated - that service thereof had been duly made and that this meeting is called for the purpose of levying a special assessment for the construc- tion of a sanitary sewer in Division Street, authorizing the issuance of bonds to provide for the payment of same and acting on any other bus- iness that may come before the meeting. Notice of publication certified to by the publisher of the City Council's intention to levy a special assess- ment as provided by law and author- ize the issuance�of bonds to provide for the payment, for the construc- tion of a 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. There being no remonstrance, Councilman Schuckert moved that the notice be received and filed. Sec- onded by Councilman Meuser. Car- ried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Imp. Form No. 9. Record of Public Improvements, City of Dubuque. Resolved by the City Council of the City of Dubuque: That to pay for constructing a six -inch sanitary sewer in Division Street from a point about ninety feet north from the san- itary sewer in West 24th Street to a point about one hundred seventy -six feet north, by Cook & Kean, con- tractors, in front of and adjoining the same, a Special Tax be and is hereby levied on the several Lots, and parts of Lots, and parcels of Real Estate hereinafter named, sit- uate and owned, and for the several amounts set opposite each lot or par- cel of real estate, as follows: Nancy C. Young, Wullweber's Sub., Lot 7; 45 ]in. ft. 6 in. tile pipe and manholes at $1.31777 sq. yd., $59.30; ex- tra expense at 4.16104 per cent, $2.47; total ....................$ 61.77 Special Session, September 27th, 1928 301 Lena Herrmann, Sub. Lot 6, John King's Dubuque., Lot 3; 45 lin. ft. 6 in. tile and manholes at $1.31777 sq. yd., $59.30; extra expense at 4.16104 per cent, $2.48; to- tal--------------- ------------------------- ------ 61.77 Otto Frenzel, Sub. Lot 6, John King's Dubuque; Lot 2; 45 lin. ft. 6 in. tile and man- holes at $1.31777 sq. yd., $59.30; extra expense at 4,16104 per cent, $2.47; to- tal ............... .... ........................... 61.77 Otto Frenzel, John King's Du- buque, East 329.98' of S. V2 Lt 8; 45 lin. ft. 6 in. tile and manholes at $1.31777 sq. yd., $59.30; extra expense at 4.16104 per cent, $2.47; to- tal............... .......... ..................... 61.77 Total ................................. ..............................$ 247.08 174 lin, ft. 6 inch tile at 80c per lin. ft ........ ..... . .. .................$139.20 2 Manholes at $49.00 per man- hole ....... ........... ........................ 98.00 Extra Expense at 4.16104 per cent ................... - ----------- ---__ -- -. 9.88 Total ..... ..... .................. ..............$247.08 All of which is assessed in pro- portion to the special benefits con- ferred. Approved Sept. 27, 1928. Adopted Sept. 27, 1928. JOHN H. MACLAY, Mayor. ED. McEVOY, WM. H. MEUSER," HENRY F. SCHUCKERT, EAR YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Yount , moved the adoption of the resolution. Second- ed by Councilman Meuser. Carried by the following vote: Leas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Imp. Form No. 10. Resolution Providing for the Is seance of Public Improvement Bonds. Whereas, the contract heretofore entered into by the City of Dubuque for the construction of a sanitary sewer in Division Street, hereinafter described, has been completed and said improvement has been accepted by the City Council of said City and the City Engineer has computed the cost and expense thereof to be $247.08. And whereas, public notice as pro- vided by law, has been published by the City Clerk stating the intention of the City Council to issue bonds to pay the cost of said improvement and a public hearing has been held pursuant thereto, and all objections filed thereto have been considered and determined: Now, therefore, be in resolved by the City Council of the City of Du- buqque, that to provide for the cost of constructing a sanitary sewer in Division Street from a point about ninety feet north of the sanitary sewer in West 24th Street to a point about ninety feet north of the sani- tary sewer in West 24th Street to a point about one hundred and seven- ty -six feet north, there be issued sewer' bonds to the amount of $247.08. Said bonds shall be issued under the provisions of Chapter 311 of the Code of Iowa, 1927, which bear date as of the 27th day of Sept., A. D. 1928, shall be in the denominations of ,$100.00 each, except that there shall be one bond to the amount of $47.08; they shall be numbered from 1548 to 1550 inclusive and shall be divided into three series of which the bond numbered 1548 shall constitute the first series and shall be payable on the 1st day of April, 1929; the bond numbered 1549 shall constitute the second series and shall be pay- able on the 1st day of April, 1930; the bond numbered 1550 shall con- stitute the third series and shall be payable the 1st day of April, 1931. Said bonds shall bear interest at the rate of five per cent per annum, which interest shall be payable semi- annually, in accordance with the terms of the coupons thereto at- tached; and said bonds shall be pay- able out of the proceeds of the spe- cial assessment levied for said im- provement. Both principal and interest shall be payable at the office of the City Treasurer in the City of Dubuque. Said bonds shall be substantially in the following form: No. Series No. CITY OF DUBUQUE SA''WER BOND. The City of Dubuque, in the State of Iowa, promises to pay as hereinaf- ter mentioned to the bearer hereof, on the first day of April, A. D. 19...., or any time before - that date at the option of the City, the sum of One Hundred Dollars, with interest thereon at the rate of five per cent per annum, payable on the presenta- tion and surrender of the interest coupons hereto attached, both inter- est and principal are payable at the office of the City Treasurer in the City of Dubuque in the State of Iowa. This bond is issued by the City of Dubuque pursuant to and by 302 Special Session, September 27th, 1928 virtue of Chapter 311 of the Code of Iowa, 1927, and in accordance with a resolution of the City Council of said City, duly passed on the 27th day of September, 1928. This bond is one of a series of three bonds, two for $100.00 num- bered 1548 and 1549, and one for $47.08 numbered 1550, all of like tenor and date, and issued for the purpose of constructing sanitary sewer in Division Street from a point about ninety feet north of the sanitary sewer in West 24th Street to a point about one hundred and seventy -six feet north, and described in said resolution; which cost is as- sessable and levied along said im- provement, and is made by law a lien on all abutting or adjacent property, and payable in ten annual installments, with interest on all de- ferred payments at the rate of five per cent per annum, and this bond is payable only out of the money de- rived from the collection of said spe- cial tax, and said money can be used for no other purpose. And it is hereby certified and re- cited that all the acts and condition and things required to be done prec- edent to and in the issuing of this series of bonds, have been done, hap- pened and performed in regular and due form as required by said law and resolution; and for the assess- ments, collections and payment hereon of said special tax, the faith and diligence of said City of Du- buque are hereby irrevocably pledged. In witness whereof the City of Du- buque by its City Council has caused this bond to be signed by its Mayor and countersigned by its City Clerk, with the seal of said City affixed this 27th day of September, 1928, and has authorized the use of their fac - simile signatures to the interest coupons hereto attached. Countersigned (Seal) FORM OF COUPON. On the day of A. D. 19 -..., the City of Dubuque, Iowa, promises to pa.y to the bearer, as provided in the Bond, the sum of at the office of the City Treasurer in the City of Dubuque, being ..months' interest due that day on its Improvement Bond No. - .dated , 19 Countersigned. Mayor. City Clerk. Mayor. City Clerk. Be it further resolved that the Mayor and City Clerk be -and they are hereby instructed to cause said bonds to be prepared and when so prepared to execute said bonds, and that the City Clerk be and he is here- by instructed to register said bonds in a book to be kept by him for that purpose, and to then deliver them to the City Treasurer who will also register them in a book to be kept by him for that purpose. Be it further resolved that the City Treasurer be and he is hereby instructed of sell said bonds in the manner provided by law, the pro- ceeds of said sale to be kept in a special fund to be- known as Im- provement Fund. Be it further resolved that the in- terest coupons attached to the bonds be signed with the fac- simile signa- ture of the Mayor and countersigned with the fac - simile signature of the City Clerk. Be it further resolved that as fast as funds allow, beginning with the second year after the payment of in- terest clue, these bonds shall be call- ed and retired in the same order as numbered. Adopted this 27th day of Septem- ber, 1928. JOHN H. MACLAY, Mayor. ED. McEVOY, WM. H. MEUSER, HENRY F. SCHUCKERT, EARL YOUNT, Councilmen. Councilmen Meuser moved the adoption of the resolution. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Petition of the Southern Surety Co., asking that the bond of Charles Pape & Son be cancelled, they hav- ing taken out a bond with another company. Councilman Schuckert moved the prayer of the petition be granted. Seconded by Councilman Yount. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays -None. Petition of the American Surety Company, asking that the sign bond of H. C. Bechtel & Son be cancelled, they having taken out a bond with another company. Councilman Schuckert moved that the prayer of the petition be grant- ed. Seconded by Councilman Yount. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Special Session, September 27th, 1928 Notice of transfer of all rights, properties, Lighting and Street Car Franchises of the Dubuque Electric Company in Dubuqque to the Inter- state Power Company, its successors and assigns, a corporation organized and existing under and by virtue of the laws of the State of Delaware, on the 27th day of March, 1922. Councilman Schuckert moved that the notices be received and filed and made a matter of record. Seconded by Councilman Yount. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Petition of the Sunshine Circle of Finley Hospital, asking permission to hold a tag day Saturday, October 13th, 1928. Signed by Helen Wilmers, Julia Kretschmer, Florence Kerri- gan. Councilman McEvoy moved that the prayer of the petition be granted. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays — None. Petition of Aviation Committee (verbal) asking permission to hold a tag day on Saturday, October 6th, 1928. Councilman Schuckert moved that the prayer of the petition be granted. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Sidewalk Contractor's bond of John P. Mueller presented for ap- proval. Being properly executed, Council- man Schuckert moved that it be re- ceived and placed on file. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Councilman Schuckert moved that the rules be suspended to allow any- one present who wished to do so, to address the Council. Seconded by Councilman Yount. Carried by the following vote. Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Mr. F. M. Smith addressed the Council relative to the Marathon dance, asking that they be allowed to transfer the dance now going on at Union Park, to some dance hall in the city, that the weather is too cold to continue the dance at the park. After considerable debate on the subject, Councilman Schuckert mov- 303 ed that the natter be dropped for the present, and referred to the Council to be taken up after other matters now before the Council be disposed of. Seconded by Councilman Yount. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Councilman Schuckert moved that the matter relative to property own- ers who are anxious to connect with the private sewer of A. Heeb in Rock Street, be referred to the City Man- ager and City Solicitor. Seconded by Councilman Meuser. Carried by the following vote: Yeas — Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. City Manager Kratz reported that he had discharged Jas. Maclnerney from the office of Building Inspector, to take effect Oct. 1st, 1928, and he hereby asks the Council to approve his action. Councilman McEvoy moved that the action of the City Manager be approved. Seconded by Councilman Schuckert. Carried by the following vote: Yaas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. 'Petition of Chas. J. Kircher, trus- tee for Henry Dietrich and heirs of Otto Dietrich, deceased, owners of Lot 94 and N. E. 25' west, 138 lot 93 2 -3 rds., McCraney's Add., stating that this property has been used as a street, and they no longer desire to let this open to the public, the other 1 -3 of this street is owned by the Dubuque Stone Products Co. They hereby offer this property to the City for $500. Councilman Yount moved that the petition be referred to the City Man- ager and City Solicitor. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. A communication from the City Council of the City of Des Moines, with a resolution attached. That as a protest to the Federal Radio Com- mission, in the injustice to station W -H -O, Bankers Life Des Moines, and the radio listeners in the terri- tory served by them, we respectfully petition the Federal Radio Commis- sion to reconsider its action, and re- assign to Station W -H -O a clear channel, full time and a minimum of 5,000 watt power. That the City Clerk of the City of Des Moines he and he is hereby authorized and di- rected to certify a copy of this reso- lution to the said Federal Radio 304 Special Session, September 27th, 1928 Commission at Washington, D. C. Asking the City of Dubuque's indul- gence and a like resolution. Councilman Meuser moved that this be referred to the City Solicitor to draft a like resolution and include Station W -O -C of Davenport, Ia. Sec- onded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Mr. O. Perleth addressed the Coun- cil, stating that Rosalind Street is in a bad condition, asking that it be resurfaced, stating that if some macadam and tarvia is put on, the street would be good for some time to come. The City Manager stated that there are a great many streets in the City just as bad and worse and if the .City started to repair these streets there would not .be money enough in the budget to pay for them, the street repair appropriation being already proportionately over- drawn. Councilman Meuser moved that this be referred to the Council to be taken up when the Council dis- cusses other streets. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. There being no further business, Council adjourned, and immediately went into a session as the Board of Health. JOHN STUBER, City Clerk. Adopted 1928. Approved 1928. Councilmen Attest: r t i City Clerk. BOARD OF HEALTH (Official) Special Session, September 27th, 1928. Board met at 6:30 P. M. Present —Mayor Maclay in the Chair, Councilmen McEvoy, Meuser, Schuckert and Yount. Absent —None. The following resolutions were presented and adopted: Special Order and Notice from Board of Health To James Dougherty, 984 Mount Lor- etta Street. You are hereby notified that on the 27th day of September, 1928, the Local Board of Health for the City of Dubuque adopted a resolution or- dering you to abandon and remove the outside water closet, privy or privy vault located upon the prem- ises described therein and to clean the same; also to connect said prem- ises with the sanitary sewer and in • stall sanitary toilet and toilet facil- ities and connect the same with said sewer, all of which to be done with- in Thirty (30) days from the date of said resolution, a copy of which is herein set out and is as follows: Resolution of the Board of Health Be it resolved by the Board of Health of the City of Dubuque, Iowa, that it is deemed necessary that Lot Number 9 of Oak Grove Addi- tion, owned by James Dougherty, 984 Mount Loretta Street, be con- nected with sanitary sewer; that the outside water closet, privy or privy vault upon said premises be aban- doned and removed and said vault. cleaned and that a sanitary toilet and toilet facilities be installed and connections made with the sanitary sewer. Be it further resolved that said James Dougherty be notified to re- move and abandon the outside water closet, privy or privy vault located upon the premises above described and to clean said vault; that said property be connected with the sani- tary sewer and that sanitary toilet and toilet facilities be installed and connections made with said sewer, all of which to be done within Thirty (30) days from the date here- of. Be it further resolved that said James Dougherty be notified of the action of this Board by the service of a written notice together with a copy of this resolution. Failure to comply with the terms hereof with- in the time stated shall be followed by prosecution or such other action as the Council or Board of Health may determine. Special Session, September 27th, 1928 305 Dated this 27th day of September, 1928. JOHN H. MACLAY, Mayor. Attest: JOHN STUBER, Clerk. You are further notified that pro- secution will follow a failure to com- ply with this order and notice, or such further action will be taken as to the Council or Board of Health may seem proper. Signed: W. J. CONNELL, Health Officer. Councilman Schuckert moved the adoption of the resolution. Second- ed by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuokert, Yount. Nays —None. Special Order and Notice from Board of Health To James E. Bakey, 974 Mount Lor- etta Street. You are hereby notified that on the 27th day of September, 1928, the Local Board of Health for the City of Dubuque adopted a resolution or- dering you to abandon and remove the outside water closet, privy or privy vault located upon the prem- ises described therein and to clean the same; also to connect said prem- ises with the sanitary sewer and in- stall sanitary toilet and toilet facil- ities and connect the same with said sewer, all of which to be done with- in Thirty (30) days from the date of said resolution, a copy of which is herein set out and is as follows: Resolution of the Board of Health Be it resolved by the Board of Health of the City of Dubuque, Iowa, that it is deemed necessary that Lot Number 10 of Oak Grove Addi- tion, owned by James E. Bakey, 974 Mount Loretta Street, be con- nected with sanitary sewer; that the outside water closet, privy or privy vault upon said premises be aban- doned and removed and said vault cleaned and that a sanitary toilet and toilet facilities be installed and connections made with the sanitary sewer. Be it further resolved that said James E. Bakey be notified to re- move and bandon the outside water closet, privy or privy vault located upon the premises above described and to clean said vault; that said property be connected with the sani- tary sewer and that sanitary toilet and toilet facilities be installed and connections made with said sewer, all of which to be done within Thir- ty (30) days from the date hereof. Be it further resolved that said James E. Bakey be notified of the action of this Board by the service of a written notice together with a copy of this resolution. Failure to comply with the terms hereof with- in the time stated shall be followed by prosecution or such other action as the Council or Board of Health may determine. Dated this 27th day of September, 1928. JOHN H. MACLAY, Mayor. Attest: JOHN STUBER, Clerk. You are further notified that pro- secution will follow a failure to com- ply with this order and notice, or such further action will be taken as to the Council or Board of Health may seem proper. Signed: W. J. CONNELL, Health Officer. Councilman 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. Special Order and Notice from Board of Health To Mrs. Redman, 1024 Rush Street. You are hereby notified that on the 27th day of September, 1928, the Local Board of Health for the City of Dubuque adopted a resolution or- dering you to abandon and remove the outside water closet, privy or privy vault located upon the prem- ises described therein and to clean the same; also to connect said prem- ises with the sanitary sewer and in- stall sanitary toilet and toilet facil- ities and connect the same with said sewer, all of which to be done with- in Thirty (30) days from the date of said resolution, a copy of which is herein set out and is as follows: Resolution of the Board of Health Be it resolved by the Board of Health of the City of Dubuque, Iowa, that it is deemed necessary that Lot Number 173 Union Addition, owned by Mrs. Redman, 1024 Rush Street, be connected with sanitary sewer; that the outside water clos- et, privy or privy vault upon said premises be abandoned and removed and said vault cleaned and that a sanitary toilet and toilet facilities be installed and connections made with sanitary sewer. Be it further resolved that said Mrs. Redman be notified to remove and abandon the outside water clos- et, privy or privy vault located up- on the premises above described and to clean said vault; that said pro- perty be connected with the sanitary sewer and that sanitary toilet and toilet facilities be installed and con- nections made with said sewer, all of which to be done within Thirty 306 Special Session, September 27th, 1928 (30) days from the date hereof. Be it further resolved that said Mrs. Redman be notified of the ac- tion of this Board by the service of a written notice together with a copy of this resolution. Failure to com- ply with thee terms hereof within the time stated shall be followed by prosecution or such other action as the Council or Board of Health may determine. Dated this 27th day of September, 1928. JOHN H. MACLAY, Mayor. Attest: JOHN STUBER, Clerk. You are further notified that pro- secution will follow a failure to com- ply with this order and notice, or such further action will be taken as to the Council or Board of Health may seem proper. Signed: W. J. CONNELL, Health Officer. Councilman 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. Special Order and Notice from Board of Health To Wendolm Winter, 520 Kaufman Avenue. You are hereby notified that on the 27th day of September, 1928, the Local Board of I-Iealth for the City of Dubuque adopted a resolution or- dering you to abandon and remove the outside water closet, privy or privy vault located upon the prem- ises described therein and to clean the same; also to connect said prem- ises with the sanitary sewer and in- stall sanitary toilet and toilet facil- ities and connect the same with said sewer, all of which to be done with- in Thirty (30) days from the date of said resolution, a copy of which is herein set out and is as follows: Resolution of the Board of Health Be it resolved by the Board of Health of the City of Dubuque, Iowa, that it is deemed necessary that Lot Number Sub. 2 of 2 of 152 L. H. Langworthy Addition, Lot 1, owned by Wendolm Winter, 520 Kaufman Avenue, be connected with sanitary sewer; that the outside water clos- et, privy or privy vault upon said premises be abandoned and removed and said vault cleaned and that a sanitary toilet and toilet facilities be installed and connections made with the sanitary sewer. Be it further resolved that said Wendolm Winter be notified to re- move and abandon the outside water closet, privy or privy vault located upon the premises above described and to clean said vault; that said property be connected with the sani- tary sewer and that sanitary toilet and toilet facilities be installed and connection made with said sewer, all of which to be done within Thir- ty (30) days from the date hereof. Be it further resolved that said Wendolm Winter be notified of the action of this Board by the service of a written notice together with a copy of this resolution. Failure to comply with the terms hereof within the time stated shall be followed by prosecution or such other action as the Council or Board of Health may determine. . Dated this 27th day of September, 1928. JOHN H. MACLAY, Mayor. Attest: JOHN STUBER, Clerk. You are further notified that pro- secution will follow a failure to com- ply with this order and notice, or such further action will be taken as to the Council or Board of Health may seem proper. Signed: W. J. CONNELL, Health Officer. Councilman 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. Special Order and Notice from Board of Health To Tom Allen, 16% Bluff Street, 18 Bluff Street, 20 Bluff Street. You are hereby notified that on the 27th day of September, 1928, the Local Board of Health for the City of Dubuque adopted a resolution or- dering you to abandon and remove the outside water closet, privy or privy vault located upon the prem- ises described therein and to clean the same; also to connect said prem- ises with the sanitary sewer and in- stall sanitary toilet and toilet facil- ities and connect the same with said sewer, all of which to be done with- in Thirty (30) days from the date of said resolution, a copy of which is herein set out and is as follows: Resolution of the Board of Health Be it resolved by the Board of Health of the City of Dubuque, Iowa, that it is deemed necessary that the property owned by Tom Allen, 16%, 18 and 20 Bluff Street, be con- nected with sanitary sewer; that the outside water closet, privy or privy vault upon said premises be aban- doned and removed and said vault cleaned and that a sanitary toilet and toilet facilities be installed and connections made with the sanitary sewer. Special Session, September 27th, 1928 307 Be it further resolved that said Tom Allen be notified to remove and abandon the outside water clos- et, privy or privy vault located upon the premises above described and to clean said vault; that said property be connected with the sanitary sew- er and that sanitary toilet and toilet facilities be installed and connec- tions made with said sewer, all of which to be done within Thirty (30) days from the date hereof. Be it further resolved that said Tom Allen be notified of the action of this Board by the service of a written notice together with a copy of this resolution. Failure to com- ply with the terms hereof within the time stated shall be followed by pro- secution or such other action as the Council or Board of Health may de- termine. Dated this 27th day of September, 1928. JOHN H. MACLAY, Mayor. Attest: JOHN STUBER, Clerk. You are further notified that pro- secution will follow a failure to com- ply with this order and notice, or such further action will be taken as to the Council or Board of Health may seem proper. Signed: W. J. CONNELL, Health Officer. Councilman 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. Special Order and Notice from Board of Health To Henry Schaan, 2115 Roosevelt Street, 14th Street. You are hereby notified that on the 27th day of September, 1928, the Local Board of Health for the City of Dubuque adopted a resolution or- dering you to abandon and remove the outside water closet, privy or privy vault located upon the prem- ises described therein and to clean the same; also to connect said prem- ises with the sanitary sewer and in- stall sanitary toilet and toilet facil- ities and connect the same with said sewer, all of which to be done with- in Thirty (30) days from the date of said resolution, a copy of which is herein set out and is as follows: Resolution of the Board of Health Be it resolved by the Board of Health of the City of Dubuque, Iowa, that it is deemed necessary that Lot Number Sub. 537 Ham's Addy. tion, Lot 1 A, Sub. 537 Ham's Ad- dition Lot 1, Henry Schaan Estate, owned by Henry Schaan, 2115 Roose- velt Street, be connected with sani- tary sewer; that the outside water closet, privy or privy vault upon said premises be abandoned and re- moved and said vault cleaned and that a sanitary toilet and toilet facil- ities be installed and connection made with the sanitary sewer. Be it further resolved that said Henry Schaan be notified to re- move and abandon the outside water closet, privy or privy vault located upon the premises above described and to clean said vault; that said proper be connected with the sani- tary sewer and that sanitary toilet and toilet facilities be installed and connections made with said sewer, all of which to be done within Thir- ty (30) days from the date hereof. Be it further resolved that said Henry Schaan be notified of the ac- tion of this Board by the service of a written notice together with a copy of this resolution. Failure to comply with the terms hereof within the time stated shall be followed by prosecution or such other action as the Council or Board of Health may determine. Dated this 27th day of September, 1928. JOHN H. MACLAY, Mayor. Attest: JOHN STUBER, Clerk. You are further notified that pro- secution will follow a failure to com- ply with this order and notice, or such further action will be taken as to the Council or Board of Health may seem proper. W. J. Connell, Health Officer. 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. Special Order and Notice from Board of Health To Mettel Land and Security Co., 665 Lowell Street, 1220 Iowa Street. You are hereby notified that on the 27th day of September, 1928, the Local Board of Health for the City of Dubuque adopted a resolution or- dering you to abandon and remove the outside water closet, privy or privy vault located upon the prem- ises described therein and to clean the same; also to connect said prem- ises with the sanitary sewer and install sanitary toilet and toilet facil- ities and connect the same with said sewer, all of which to be done with- in Thirty (30) days from the date of said resolution, a copy of which is herein set out and is as follows: • i 308 Special Session, September 27th, 1928 Resolution of the Board of Health Be it resolved by the Board of Health of the City of Dubuque, Iowa, that it is deemed necessary that Lot Number 2 Buseman Sub., No. 2, owned by Mettel Land & Security Co., 664 Lowell Street, be connect- ed with sanitary sewer; that the outside water closet, privy or privy vault upon said premises be aban- doned and removed and said vault cleaned and that a sanitary toilet and toilet facilities be installed and connections made with the sanitary sewer. Be it further resolved that said Mettel Land && Security Co., be notified to remove and abandon the outside water closet, privy or privy vault located upon the premises above described and to clean said vault; that said property be connect- ed with the sanitary sewer and that sanitary toilet and toilet facilities be installed and connections made with said sewer, all of which to be done within Thirty (30) days from the date hereof. Be it further resolved that said Mettel Land & Security Co„ be noti- field of the action of this Board by the service of a written notice to- gether with a copy of this resolu- tion. Failure to comply with the terms hereof within the time stated shall be followed by prosecution or such other action as the Council or Board of Health may determine. Dated this 27th day of September, 1928, JOHN H. MACLAY, Mayor. Attest: JOHN STUBER, Clerk. You are further notified that pro- secution will follow a failure to com- ply with this order and notice, or such further action will be taken as to the Council or Board of Health may seem proper. Signed: W. J. CONNELL, Health Officer. Councilman 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. Special Order and Notice from Board of Health To John T. Pollock, 656 Lowell St., in care of John R. Schmitt, Graf, Iowa. You are hereby notified that on the 27th day of September, 1928, the Local Board of Health for the City of Dubuque adopted a resolu- tion ordering you to abandon and remove the outside water closet, privy or privy vault located upon the premises described therein and to clean the same; also to connect said premises with the sanitary sewer and install sanitary toilet and toilet facilities and connect the same with said sewer, all of which to be done within Thirty (30) days from the date of said resolution, a copy of which is herein set out and is as follows: Resolution of the Board of Health Be it resolved by the Board of Health of the City of Dubuque, Iowa, that it is deemed necessary that Lot Nunmber 1 Buseman Sub., No. 2, owned by John T. Pollock, 656 Lowell Street, be connected with sanitary sewer; that the outside water closet, privy or privy vault upon said premises be abandoned and removed and said vault cleaned and that a sanitary toilet and toilet facilities be installed and connec- tions made with the sanitary sewer. Be it further resolved that said John T. Pollock be notified to re- move and abandon the outside water closet, privy or privy vault located upon the premises above described and to clean said vault; that said property be connected with the sani- tary sewer and that sanitary toilet and toilet facilities be installed and connections made with said sewer, all of which to be done within Thir- ty (30) days from the date hereof. Be it further resolved that said John T. Pollock be notified of the action of this Board by the service of a written notice together with a copy of this resolution. Failure to comply with the terms hereof with- in the time stated shall be followed by prosecution or such 'other action as the Council or Board of Health may determine. Dated this 27th day of Sept., 1928. JOHN H. MACLAY, Mayor. Attest: JOHN STUBER, Clerk. You are further notified that pro- secution will follow a failure to com- ply with this order and notice, or such further action will be taken as to the Council or Board of Health may seem proper. Signed: W. J. CONNELL, Health Officer. Councilman 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. Special Order and Notice from Board of Health To Benjamin Sheffert, 861 Rush St., Anton C. Sheffert Estate. You are hereby notified that on the 27th day of September, 1928, the Local Board of Health for the Special Session, September 27th, 1928 City or Dubuque adopted a resolu- tion ordering you to abandon and remove the outside water closet, privy or privy vault located upon the premises described therein and to clean the same; also to connect said premises with the sanitary sewer and install sanitary toilet and toilet facilities and connect the same with said sewer, all of which to be done within Thirty (30) days from the date of said resolution, a copy of which is herein set out and is as follows: Resolution of the Board of Health Be it resolved by the Board of Health of the City of Dubuque, Iowa, that it is deemed necessary that Anton C. Sheffert Estate, Lot 117, Union Addition, owned by Ben- jamin Sheffert, 861 Rush Street, be connected with sanitary sewer; that the outside water closet, privy or privy vault upon said premises be abandoned and removed and said vault cleaned and that a sanitary toilet and toilet facilities be in- stalled and connections made with the sanitary sewer. Be it further resolved that said Benjamin Sheffert be notified to re- move and abandon the outside wat- er closet, privy or privy vault locat- ed upon the premises above de- scribed and to clean said vault; that said property be connected with the sanitary sewer and that sanitary toilet and toilet facilities be install- ed and connections made with said sewer, all of which to be done with- in Thirty (30) days from the date hereof. Be it further resolved that said Benjamin Sheffert be notified of the action of the Board by the ser- vice of a written notice together with a copy of this resolution. Fail- ure to comply with the terms hereof withon the time stated shall be fol- lowed by prosecution or such other action as the Council or Board of Health may determine. Dated this 27th day of Sept., 1928. JOHN H. MACLAY, Mayor. Attest: JOHN STUBER, Clerk. You are further notified that pro- secution will follow a failure to com- ply with this order and notice, or such further action will be taken as to the Council or Board of Health may seem proper. Signed: W. J. CONNELL, Health Officer. Councilman 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. 309 Special Order and Notice from Board of Health To Ben Kipp, 213 East Twenty -sec- ond Street. You are hereby notified that on the 27th day of September, 1928, the Local Board of Health for the City of Dubuque adopted a resolu- tion ordering you to abandon and remove the outside water closet, privy or privy vault located upon the premises described therein and to clean the same; also to connect said premises with the sanitary sewer and install sanitary toilet and toilet facilities and connect the same with said sewer, all of which to be done within Thirty (30) days from the date of said resolution, a copy of which is herein set out and is as follows: Resolution of the Board of Health Be it resolved by the Board of Health of the City of Dubuque, Iowa, that it is deemed necessary that West 65 feet of Lot 64, L. H. Langworthy Addition, owned by Ben Kipp, 213 East Twenty - second Street be connected with sanitary sewer; that the outside water closet, privy or privy vault upon said premises be abandoned and removed and said vault cleaned and that a sanitary toilet and toilet facilities be in- stalled and connection made with the sanitary sewer. Be it further resolved that said Ben Kipp be notified to remove and abandon the outside water closet, privy or privy vault located upon the premises above described and to clean said vault; that said property be connected with the sanitary sew- er and that sanitary toilet and toilet facilities be installed and connec- tions made with said sewer, all of which to be done within Thirty (30) days from the date hereof. Be it further resolved that said Ben Kipp be notified of the action of this Board by the service of a written notice together with a copy of this resolution. Failure to com- ply with the terms hereof within the time stated shall be followed by prosecution or such other action as the Council or Board of Health may determine. Dated this 27th day of Sept., 1928. JOHN H. MACLAY, Mayor. Attest: JOHN STUBER, Clerk. You are further notified that pro- secution will follow a failure to com- ply with this order and notice, or such further action will be taken as to the Council or Board of Health may seem proper. Signed: W. J. CONNELL, Health Officer. Councilman Schuckert moved the adoption of the resolution. Second- a. 310 Special Session, September 27th, 1928 ed by Councilman McEvoy. Carried by the following vote: Yeas - -Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Special Order and Notice from Board of Health To Mr. Elmer Vance, 2012 Seminary Street. You are hereby notified that on the 27th day of September, 1928, the Local Board of Health for the City of Dubuque adopted a resolu- tion ordering you to abandon and remove the outside water closet, privy or privy vault located upon the premises described therein and to clean the same; also to connect said premises with the sanitary sewer and install sanitary toilet and toilet facilities and connect the same with said sewer, all of which to be done within Thirty (30) days from the date • of said resolution, a copy of which is herein set out and is as follows: Resolution of the Board of Health Be it resolved by the Board of Health of the City of Dubuque, Iowa, that it is deemed necessary that Lot 30 Finley Addition, owned by Elmer Vance, 2012 Seminary St., be connected with sanitary sewer; that the outside water closet, privy or privy vault upon said premises be abandoned and removed and said vault cleaned and that a sanitary toilet and toilet facilities be installed and connections made with the san- itary sewer. Be it further resolved that said Elmer Vance be notified to remove and abandon the outside water clos- et, privy or privy vault located up- on the premises above described and to clean said vault; that said pro- perty be connected with the sani- tary sewer and that sanitary toilet and toilet facilities be installed and connections made with said sewer, all of which to be done within Thir- ty (30) days from the date hereof. Be it further resolved that said Elmer Vance be notified of the ac- tion of this Board by the service of a written notice together with a copy of this resolution. Failure to comply with the terms hereof with- in the time stated shall be followed by prosecution or such other action as the Council or Board of Health may determine. Dated this 27th day of Sept., 1928. JOHN H. MACLAY, Mayor. Attest: JOHN STUBER, Clerk. You are further notified that pro- secution will follow a failure to com- ply with this order and notice, or such further action will be taken as to the Council or Board of Health may seem proper. Signed: W. J. CONNELL, Health Officer. Councilman 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. Special Order and Notice from Board of Health To Mrs. Anna Kelley, 1145 Rush Street. You are hereby notified that on the 27th day of September, 1928, the Local Board of Health for the City of Dubuque adopted a resolu- tion ordering you to abandon and remove the outside water closet, privy or privy vault located upon the premises described therein and to clean the same; also to connect said premises with the sanitary sewer and install sanitary toilet and toilet facilities and connect the same with said sewer, all of which to be done within Thirty (30) days from the date of said resolution, a copy of which is herein set out and is as follows: Resolution of the Board of Health Be it resolved by the Board of Health of the City of Dubuque, Iowa, that it is deemed necessary that Lot 134 Union Addition owned by Mrs. Anna Kelley, 1145 Rush Street, be connected with sanitary sewer; that the outside water clos- et, privy or privy vault upon said premises be abandoned and removed and said vault cleaned and that a sanitary toilet and toilet facilities be installed and connections made with the sanitary sewer. Be it further resolved that said Mrs. Anna Kelley be notified to re- move and abandon the outside water closet, privy or privy vault located upon the premises above described and to clean said vault; that said property be connected with the sani- tary sewer and that sanitary toilet and toilet facilities be installed and connections made with said sewer, all of which to be done within Thirty (30) days from the date here- of. Be it further resolved that said Mrs. Anna Kelley be notified of the action of this Board by the service of a written notice together with a copy of this resolution. Failure to comply with the terms hereof with- in the time stated shall be followed by prosecution or such other action as the Council or Board of Health may determine. Special Session, September 27th, 1928 311 Dated this 27th day of Sept., 1928. JOHN H. MACLAY, Mayor. Attest: JOHN STUBER, Clerk. You are further notified that pro- secution will follow a failure to com- ply with this order and notice, or such further action will be taken as to the Council or Board of Health may seem proper. Signed: W. J. CONNELL, Health Officer. Councilman 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. Special Order and Notice from Board of Health To Charles Entringer, 1049 Rush Street, 785 So. Grandview Ave. You are hereby notified that on the 27th day of September, 1928, the Local Board of Health for the City of Dubuque adopted a resolu- tion ordering you to abandon and remove the outside water closet, privy or privy vault located upon the premises described therein and to clean the same; also to connect said premises with the sanitary sewer and install sanitary toilet and toilet facilities and connect the same with said sewer, all of which to be done within Thirty (30) days from the date of said resolution, a copy of which is herein set out and is as follows: Resolution of the Board of Health Be it resolved by the Board of Health of the City of Dubuque, Iowa, that it is deemed necessary that Lot 130 of Union Addition, owned by Charles Entringer, 1049 Rush Street, be connected with sani- tary sewer; that the outside water closet, privy or privy vault upon said premises be abandoned and re- moved and said vault clleaned and that a sanitary toilet and toilet facil- ities be installed and connections made with the sanitary sewer. Be it further resolved that said Charles Entringer be notified to re- move and abandon the outside water closet, privy or privy vault located upon the premises above described and to clean said vault; that said property be connected with the sani- tary sewer and that sanitary toilet and toilet facilities be installed and connections made with said sewer, all of which to be done within Thir- ty (30) days from the date hereof. Be it further resolved that said Charles Entringer be notified of the action of this Board by the service of a written notice together with a copy of this resolution. Failure to comply with the terms hereof with- in the time stated shall be followed by prosecution or such other action as the Council or Board of Health may determine. Dated this 27th day of Sept., 1928. JOHN H. MACLAY, Mayor. Attest: JOHN STUBER, Clerk. You are further notified that pro- secution will follow a failure to com- ply with this order and notice, or such further action will be taken as to the Council or Board of Health may seem proper. Signed: W. J. CONNELL, Health Officer. Councilman 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. Special Order and Notice from Board of Health To Mrs. Elizabeth Heacock, 669 Rush Street. You are hereby notified that on the 27th day of September, 1928, the Local Board of Health for the City of Dubuque adopted a resolution or- dering you to abandon and remove the outside water closet, privy or privy vault located upon the prem- ises described therein and to clean the same; also to connect said prem- ises with the sanitary sewer and in- stall sanitary toilet and toilet facil- ities and connect the same with said sewer, all of which to be done with- in Thirty (30) days from the date of said resolution, a copy of which is herein set out and is as follows: Resolution of the Board of Health Be it resolved by the Board of Health of the City of Dubuque, Iowa, that it is deemed necessary that Lot 196 Union Addition, owned by Mrs. Elizabeth Heacock, 669 Rush Street, be connected with sanitary sewer; that the outside water clos- et, privy or privy vault upon said premises be abandoned and removed and said vault cleaned and that a sanitary toilet and toilet facilities be installed and connections made with the sanitary sewer. Be it further resolved that said Mrs. Elizabeth Heacock be notified to remove and abandon the outside water closet, privy or privy vault located upon the premises above de- scribed and to clean said vault; that said property be connected with the sanitary sewer and that sanitary toilet and toilet facilities be installed and connections made with said sew- er, all of which to be done within Thirty (30) days from the date here- of. 312 Special Session, September 27th, Be it further resolved that said Mrs. Elizabeth Heacock be notified of the action of this Board by the service of a written notice •together with a copy of this resolution. Fail- ure to comply with the terms hereof within the time stated shall be fol- lowed by prosecution or such other action as the Council or Board of Health may determine. JOHN H. MACLAY, Mayor, Attest: JOHN STUBER, Clerk. You are further notified that pro- secution will follow a failure to corn - ply with this order and notice, or such further action will be taken as the Council or Board of Health may seem proper. Signed: W. J. CONNELL, Health Officer. Councilman Schuckert moved the adoption of the resolution. Second- ed by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Maelay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Special Order and Notice from Board .of Health To Mrs. Otilda Egelhof, 1006 Rush Street. You are hereby notified that on the 27th day of September, 1928, the Local Board of Health for the City of Dubuque adopted a resolution or- dering you to abandon and remove the outside water closet, privy or privy vault located upon the prem- ises described therein and to clean the same; also to connect said prem- ises with the sanitary sewer and in- stall sanitary toilet and toilet facil- ities and connect the same with said sewer, all of which to be done with- in Thirty (30) days from the date of said resolution, a copy of which is herein set out and is as follows: Resolution of the Board of Health Be it resolved by the Board of Health of the City of Dubuque, Iowa, that it is deemed necessary that Lot 174 and 175 Union Addition, owned by Mrs. Otilda Egelhof, 1006 Rush Street, be connected with sani- tary sewer; that the outside water closet, privy or privy vault upon said premises be abandoned and removed and said vault cleaned and that a sanitary toilet and toilet facilities be installed and connections made with the sanitary sewer. Be it further resolved that said Mrs. Otilda Egelhof be notified to remove and abandon the outside wat- er closet, privy or privy vault lo- cated upon the premises above de- scribed and to clean said vault; that said property be connected with the sanitary sewer and that sanitary toilet and toilet facilities be installed 1928 and connections made with said sewer, all of which to be done with- in Thirty (30) days from the date hereof. Be it further resolved that said Mrs. Otilda Egelhof be notified of the action of this Board by the ser- vice of a written notice together with a copy of this resolution. Fail- ure to comply with the terms here- of within the time stated shall be followed by prosecution or such oth- er action as the Council or Board of Health may determine. Dated this 27th day of Sept., 1928. JOHN H. MACLAY, Mayor, Attest: JOHN STUBER, Clerk. You are further notified that pro- secution will follow a failure to com- ply with this order and notice, or such further action will be taken as the Council or Board of Health may seem proper. Signed: W. J. CONNELL, Health Officer. 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. Special Order and Notice from Board of Health To Michael C. Wild, 821 Lowell Street. You are hereby notified that on the 27th day of September, 1928, the Local Board of Health for the City of Dubuque adopted a resolution or- dering you to abandon and remove the outside water closet, privy or privy vault located upon the prem- ises described therein and to clean the same; also to connect said prem- ises with the sanitary sewer and in- stall sanitary toilet and toilet facil- ities and connect the same with said sewer, all of which to be done with- in Thirty (30) days from the date of said resolution, a copy of which is herein set out and is as follows: Resolution of the Board of Health Be it resolved by the Board of Health of the City of Dubuque, Iowa, that it is deemed necessary that Lot 27 Buseman Sub. No. 1, owned by Michael C. Wild, 821 Lowell Street, be connected with sanitary sewer; that the outside water closet, privy or privy vault upon said prem- ises be abandoned and removed and said vault cleaned and that a sani- tary toilet and toilet facilities be in- stalled and • connections made with the sanitary Sewer. Be it further resolved that said Michael C. Wild be notified to re- move and abandon the outside water Special Session, September 27th, 1928 closet, privy or privy vault located upon the premises above described and to clean said vault; that said property be connected with the sani- tary sewer and that sanitary toilet and toilet facilities be installed and connections made with said sewer, all of which to be done within Thir- ty (30) days from the date hereof. Be it further resolved that said Michael C. Wild be notified of the action of this Board by the service of a written notice together with a copy of this resolution, Failure to comply with the terms hereof within the time stated shall be followed by prosecution or such other action as the Council' or Board of Health may determine.. Dated this 27th day of Sent., 1928. JOHN H. MACLAY, Mayor, Attest: JOHN STUBER, Clerk. Yon are farther notified that pro- secution will follow a failure to com- ply. with this order and notice, or such, further action will be taken as the Council or Board of Health may seem proper. Signed: W. J. CONNELL, Health Officer. Councilman Schuckert moved the atlontion of the resolution. Second- ed by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Special Order and Notice from Board of Health To H. C. Kenline, 3124 Lemon Street. Yon are hereby notified that on the 27th day of September, 1928, the Lo'al Board of Health for the City of Dnbuaue adopted a resolution or- dering you to abandon and remove the outside water closet, privy or privy vault located upon the prem- ises described therein and to clean the same; also to connect said prem- ises with the sanitary sewer and in- stall sanitary toilet and toilet facil- ities and connect the same with said sewer. all of which to be done with- in Thirty (30) days from the date of said resolution, a copy of which is herein set out and is as follows: Resolution of the Board of Health Be it resolved by the Board of Health of the City of Dubuque, Iowa, that it is deemed necessary that Lot 28, G. R. West Dubuque Addi- tion, owned by H. C. Kenline, 3124 Lemon Street, be connected with sanitary sewer; that the outside water closet, privy or privy vault up- on said premises be abandoned and removed and said vault cleaned and that a sanitary toilet and toilet facil- ities be installed and connections 313 made with the sanitary sewer. Be it further resolved. that said H. C. Kenline be notified to remove and abandon the outside water clos- et, privy or privy vault located up- on the premises above described and to clean said vault; that said pro- perty be connected with the sanitary sewer and that sanitary toilet and toilet facilities be installed and con- nections made with said sewer, all of which to be done within Thirty (30) days from the date hereof. Be it further resolved that said H. C. Kenline be notified' of the ac- tion of this Board by the service of a written notice together with a copy of this resolution. Failure to comply with the terms hereof witn- in the time stated shall be followed by prosecution or such other. action as the Council or Board of Health may determine. Dated this 27th day of. Sept., 1928. JOHN H. MACLAY, Mayor, Attest: JOHN STUBER,. Clerk. You are further notified that pro. secution will follow a failure to com- ply with this order and notice, or such further action will be taken as the Council or Board of Health may seem proper. Signed: W. J. CONNELL, Health Officer. 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. Special Order and Notice from Board of Health To Patrick Norton; 461 West Locust Street. You are hereby notified that on the 27th day of September, 1928, the Local Board of Health for the City of Dubuque adopted a resolution or- dering you to abandon and remove the outside water closet, privy or privy vault located upon the prem- ises described therein and to clean the same; also to connect said prem- ises with the sanitary sewer and in- stall sanitary toilet and toilet facil- ities and connect the same with said sewer, all of which to be done with- in Thirty (30) days from the date of said resolution, a copy of which is herein set out and is as follows: Resolution of the Board of Health Be it resolved by the Board of Health of the City of Dubuque, Iowa, that it is deemed necessary that the West 40 feet of Lot 9 of Gilliam Sub., owned by Patrick Norton, 461 West Locust Street, be, connected with sanitary sewer; that the out side water closet, privy or privy 314 Special Session, September 27th, 1928 vault upon said premises be aban- doned and removed and said vault cleaned and that a sanitary toilet and toilet facilities be installed and connections made with the sanitary sewer. Be it further resolved that said Patrick Norton be notified to remove and abandon the outside water clos- et, privy or privy vault located upon the premises above described and to clean said vault; that said property be connected with the sanitary sew- er and that sanitary toilet and toilet facilities be installed and connec- tions made with said sewer, all of which to be done within Thirty (30) days from the date hereof. Be it further resolved that said Patrick Norton be notified of the action of this Board by the service of a written notice together with a copy of this resolution. Failure to comply with the terms hereof within the time stated shall be followed by prosecution or such other action as the Council or Board of Health may determine. Dated this 27th day of Sept., 1928. JOHN H. MACLAY, Mayor, Attest: JOHN STUBER, Clerk. You are further notified that pro- secution will follow a failure to com- ply with this order and notice, or such further action will be taken as the Council or Board of Health may seem proper. Signed: W. J. CONNELL, Health Officer. 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. Special Order and Notice from Board of Health To Henry Bergman, 770 Lowell Street. You are hereby notified that on the 27th day of September, 1928, the Local Board of Health for the City of Dubuque adopted a resolution or- dering you to abandon and remove the outside water closet, privy or privy vault located upon the prem- ises described therein and to clean the same; also to connect said prem- ises with the sanitary sewer and in- stall sanitary toilet and toilet facil- ities and connect the same with said sewer, all of which to be done with- in Thirty (30) days from the date of said resolution, a copy of which is herein set out and is as follows: Resolution of the Board of Health Be it resolved by the Board of Health of the City of Dubuque, Iowa, that it is deemed necessary that Lot 13 and 14 Buseman Sub. No. 1, owned by Henry Bergman, 770 Low- ell Street, be connected with sani taffy sewer; that the outside water closet, privy or privy vault upon said premises be abandoned and re- moved and said vault 'cleaned and that a sanitary toilet and toilet facil- ities be installed and connections made with the sanitary sewer. Be it further resolved that said Henry Bergman be notified to re- move and abandon the outside water closet, privy or privy vault located upon the premises above described and to clean said vault; that said property be connected with the sani- tary sewer and that sanitary toilet and toilet facilities be installed and connections made with said sewer, all of which to be done within Thir- ty (30) days from the date hereof. Be it further resolved that said Henry Bergman be notified of the action of this Board by the service of a written notice together with a copy of this resolution. Failure to comply with the terms hereof with - in•the time stated shall be followed by prosecution or such other action as the Council or Board of Health may determine. Dated this 27th day of Sept., 1928. JOHN H. MACLAY, Mayor, Attest: JOHN STUBER, Clerk. You are further notified that pro- secution will follow a failure to com- ply with this order and notice, or such further action will be taken as the Council or Board of Health may seem proper. Signed: W. J. CONNELL, Health Officer. 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. Special Order and Notice from Board of Health To Lawrence Schilhavey, 3114 Lem- on Street. You are hereby notified that on the 27th day of September, 1928, the Local Board of Health for the City of Dubuque adopted a resolution or- dering you to abandon and remove the outside water closet, privy or privy vault located upon the prem- ises described therein and to clean the same; also to connect said prem- ises with the sanitary sewer and in- stall sanitary toilet and toilet facil- ities and connect the same with said sewer, all of which to be done within Thirty (30) days from the date of said resolution, a copy of which is herein set out and is as follows: Special Session, September 27th, 1928 Resolution of the Board of Health Be it resolved by the Board of Health of the City of Dubuque, Iowa, that it is deemed necessary that Lot 30, G. R. West, Dubuque Addition, owned by Lawrence Schil- havey, 3114 Lemon Street, be con- nected with sanitary sewer; that the outside water closet, privy or privy vault upon said premises be aban- doned and removed and said vault cleaned and that a sanitary toilet and toilet facilities be installed and connections made with the sanitary sewer. Be it further resolved that said Lawrence Schilhavey be notified to remove and abandon the outside water closet, privy or privy vault located upon the premises above de- scribed and to clean said vault; that said property be connected with the sanitary sewer and that sanitary toilet and toilet facilities be in- stalled and connections made with said sewer, all of which to be done within Thirty (30) days from the date hereof. Be it further resolved that said Lawrence Schilhavey be notified of the action of this Board by the ser- vice of a written notice together with a copy of this resolution. Fail- ure to comply with the terms hereof within the time stated shall be fol- lowed by prosecution or such other action as the Council or Board of Health may determine. Dated this 27th day of Sept., 1928. JOHN H. MACLAY, Mayor. Attest: JOHN STUBER, Clerk. You are further notified that pro- secution will follow a failure to com- ply with this order and notice, or such further action will be taken as to the Council or Board of Health may seem proper. Signed: W. J. CONNELL, Health Officer. Councilman 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. Special Order and Notice from Board of Health To Mr. Theodore D. Kemps, 540 Kaufman Avenue. You are hereby notified that on the 27th day of September, 1928, the Local Board of Health for the City of Dubuque adopted a resolution or- dering you to abandon and remove the outside water closet, privy or privy vault located upon the prem- ises described therein and to clean the same; also to connect said prem- ises with the sanitary sewer and in- 315 stall sanitary toilet and toilet facil- ities and connect the same with said sewer, all of which to be done within Thirty (30) days from the date of said resolution, a copy of which is herein set out and is as follows: Resolution of the Board of Health Be it resolved by the Board of Health of the City of Dubuque, Iowa, that it is deemed necessary that Kemps Estate, Sub. 153 L. H. Lang - worthy Addition, Lot 2, owned by Theodore D. Kemps, 540 Kaufman Avenue, be connected with sanitary sewer; that the outside water clos- et, privy or privy vault upon said premises be abandoned and removed and said vault cleaned and that a sanitary toilet and toilet facilities be installed and connections made with the sanitary sewer. Be it further resolved that said Theodore D. Kemps be notified to re- move and abandon the outside wat- er closet, privy or privy vault locat- ed upon the premises above de- scribed and to clean said vault; that said property be connected with the sanitary sewer and that sanitary toilet and toilet facilities be installed and connections made with said sew- er, all of which to be done within Thirty (30) days from the date here- of. Be it further resolved that said Theodore D. Kemps be notified of the action of this Board by the ser- vice of a written notice together with a copy of this resolution. Fail- ure to comply with the terms hereof within the time stated shall be fol- lowed by prosecution or such other action as the Council or Board of Health may determine. Dated this 27th day of Sept., 1928. JOHN H. MACLAY, Mayor. Attest: JOHN STUBER, Clerk. You are further notified that pro- secution will follow a failure to com- ply with this order and notice, or such further action will be taken as to the Council or Board of Health may seem proper. Signed: W. J. CONNELL, Health Officer. Councilman 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. Special Order and Notice from Board of Health To William Fenelon, 3050 Lemon Street. You are hereby notified that on the 27th day of September, 1928 the Local Board of Health for the City 316 Special Session, September 27th, 1928 Special Session, September 27th, 1928 317 of Dubuque adopted a resolution or- dering you to abandon and remove the outside water closet, privy or privy vault located upon the prem- ises described therein and to clean the same; also to connect said prem- ises with the sanitary sewer and in- stall sanitary toilet and toilet facil- ities and connect the same with said sewer, all of which to be done with- in Thirty (30) days from the date of said resolution, a copy of which is herein set out and is as follows: Resolution of the Board, of Health Be it resolved by the Board of Health of the City of Dubuque, Iowa, that it is deemed necessary that Lot 45, G. R. West, Dubuque Addition, owned by William Fenelon, 3045 Lemon Street, be connected with sanitary sewer; that the outside water closet, privy or privy- vault upon said premises be • abandoned and removed and said vault cleaned and that a sanitary toilet and toilet facilities be installed and connec- tions made with the sanitary sewer: Be it, further- resolved that said William Fenelon be notified to re- move and abandon the outside water closet, privy or privy vault located upon the. premises above described and to clean said vault; that said property be connected with the sani- tary sewer and that sanitary toilet and toilet facilities be installed and connections made with said sewer of which to be done within Thir- ty (30) days from the date hereof. Be it further resolved that said William Fenelon be notified of the action of this Board by the service of a written notice together with a copy of this resolution. Failure to comply with the terms hereof with- in the time stated shall be followed by prosecution or such other action as the Council or Board of Health may determine. Dated this 27th day of Sept., 1928. JOHN H. MACLAY, Mayor. Attest: JOHN STUBER, Clerk. You are further notified that pro- secution will follow a failure to com- ply with this order and notice, or such further action will be taken as to the Council or Board of Health may seem proper. Signed: W. J. CONNELL, Health Officer. Councilman 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. Special Order and Notice From Board of Health. To George Armbruster, 3110 Lemon Street: You are hereby notified that on the 27th day of September, 1928, the local Board of Health for the City of Dubuque adopted a resolution or- dering you to abandon and remove the outside water closet, privy or privy vault located upon the prem- ises described thereon and to clean the same; also to connect said premises with the sanitary sewer and to install sanitary toilet and toilet facilities and connect the same with said sewer, all of which to be done within thirty (30) days from the date of said resolution, a copy of which is herein set out and is as follows: Resolution of the Board of Health. Be it resolved by the Board of Health of the City off Dubuque; Iowa, that it is deemed necessary that Lot No. 31, G. R. West Dubuque Addition, owned by George Arbruster, 3110 Lemon Street, be connected with sanitary sewer; that the outside wa- ter closet, privy or privy vault upon said premises be abandoned and re- moved and said vault cleaned and that a sanitary toilet and toilet fa- cilities be installed and connections made with the sanitary sewer. Be it further resolved that said George Armbruster be notified to re- move and, abandon the outside wa- ter closet, privy or privy vault lo- cated upon the premises above de- scribed and to clean said vaul; that said property be connected with the sanitary sewer and that sanitary toilet and toilet facilities be in- stalled and connections made with said sewer, all of which is to be done within thirty (30) days from the date hereof. Be it further resolved that said George Armbruster be notified of the action of this Board by the service of a written notice, together with a copy of this resolution. Failure to comply with the terms hereof with- in the time stated shall be followed by prosecution or such other action as the Council or Board of Health may determine. Dated this 27th day of September, 1928. JOHN H. MACLAY, Mayor. Attest: JOHN STUBER, Clerk, You are hereby notified that pros- ecution will follow a failure to com- ply with this order and notice, or such further action will be taken as to the Council or Board of Health may seem proper. Signed W. J, CONNELL, Health Officer: Councilman Schuckert moved the adoption of the resolution. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Special Order and Notice From Board of Health. To Mrs. Esther MacFarlane, 1605 Atlantic Street: You are hereby notified that on the 27th day of September, 1928, the local Board of Health 'for the City of Dubuque adopted a resolution or- dering you to abandon and remove the outside water closet, 'privy or privy vault located upon the preln- ises described thereon and to clean the same; also to connect said prem- ises with the sanitary sewer and in- stall toilet • and toilet facilities and connect the same with said sewer, all of which to be done within thirty (30) days from the date of this res- olution, - a copy of which is herein , set out and is as follows: • Resolution of the Board of Health. Be it resolved 'by the Board of Health of the City of Dubuque, Iowa, that it -is deemed. necessary that Lot 'No. 142, Woodlawn Park Addition, owned by Mrs. Lester MacFarlane, 1605 Atlantic Street, be connected with sanitary sewer; that the out- side water closet, privy or privy vault upon said premises be aban- doned and removed and said vault cleaned, and that a sanitary toilet and toilet facilities be installed and connections made with the sanitary sewer. Be it further resolved that said Mrs. Esther MacFarlane be notified to remove 'and abandon the outside water closet, privy or privy vault located upon the premises above de- scribed and to clean said vault; that said property be connected with the sanitary sewer and that sanitary toilet and toilet facilities be installed and connections made with said sewer, all of which to be done with- in thirty (30) days from the date hereof. Be it further resolved that Mrs. Esther MacFarlane be notified of the action of this Board by the service of a written notice together with a copy of this resolution. Failure to comply with the terms hereof within the time stated shall be followed by prosecution or such other action as the Council or Board of Health may determine. Dated this 27th day of September, 1928. JOHN H. MACLAY, Mayor. Attest: JOHN STUBER, Clerk. You are further notified that pros- ecution will follow a failure to com- ply with this order and notice, or such further action will be taken as to the Council or Board of Health may seem proper. Signed W. J. CONNELL, Health Officer. Councilman Schuckert moved the adoption of the resolution. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Special Order and Notice From Board of Health. To Mrs. Rose Albinger, 514 Kaufman Avenue: You are hereby notified that on the 27th day of September, 1928, the local Board of Health for the City of Dubuque adopted a resolution or- dering you to abandon and remove the outside water closet, privy or privay vault located upon the prem- ises described therein and to 'glean the same; also to connect said prem- ises with the sanitary sewer and in- stall sanitary toilet and toilet facil- ities and connect the same with said sewer, all of which to be done with- in thirty (30) days from the date of said resolution, a copy of which is herein set out and is as follows: Resolution of the Board of Health. Be it resolved by the Board of Health of the City of Dubuque, Iowa, that it is deemed necessary that Lot Number Sub. 150 of L. H. Langwor- thy Addition, owned by Mrs. Rose Allinger, 514 Kaufman Avenue, be connected with sanitary sewer; that the outside water closet, privy or privy vault upon said premises be abandoned and removed and said vault cleaned and that a sanitary toilet and toilet facilities be installed and connections made with the san- itary sewer. Be it further resolved that said Mrs. Rose Allinger be notified to re- move and abandon the outside water closet, privy or privy vault located upon the premises above described and to clean said vault; that said property be connected with the san- itary sewer and that sanitary toilet and toilet facilities be installed and connections made with said sewer, all of which to be done within thirty (30) days from the date hereof. Be it further resolved that said Mrs. Rose Albinger be notified of the action of this Board by the service of a written notice together with a copy of this resolution. Failure to comply with the terms hereof with- in the time stated shall be followed by prosecution or such other action 318 Special Session, September 27th, 1928 as the Council or Board of Health may determine. Dated this 27th day of September, 1928. JOHN H. MACLAY Mayor. Attest: JOHN STUBER, Clerk. You are hereby notified that pros- ecution will follow a failure to com- ply with this order and notice, or such further action will be taken as to the Council or Board of Health may seem proper. Signed W. J. CONNELL, Health Officer. Councilman Schuckert moved the adoption of the resolution. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Special Order and Notice From Board of Health. To Leo P. Hanover, 2024 Main Street: You are hereby notified that on the 27th day of September, 1928, the local Board of Health for the City of Dubuque adopted a resolution or- dering you to abandon and remove the outside water closet, privy or privy vault located upon the prem- ises described therein and to clean the same; also to connect said prem- ises with the sanitary sewer and in- stall sanitary toilet and toilet facil- ities and connect the same with said sewer, all of which be done within thirty (30) days from the date of said resolution, a copy of which is herein set out and is as follows: Resolution of the Board of Health. Be it resolved by the Board of Health of the City of Dubuque, Iowa, that it is deemed necessary that Lot No. 21, Mersch Addition, owned by Leo P. Hanover, 2024 Main street. be connected with sanitary sewer; that the outside water closet, privy or privy vault upon said premises be abandoned and removed and said vault cleaned and that a sanitary toilet and toilet facilities be installed and connections made with the san- itary sewer. Be it further resolved that said Leo P. Hanover be notified to remove and abandon the outside water closet, privy or privy vault located upon the premises above described and to clean said vault; that said property be connected with the san- itary sewer and that sanitary toilet and toilet facilities be installed and connections made with said sewer, all of which to be done within thirty (30) days from the date hereof. Be it further resolved that said Leo P. Hanover be notified of the action of this Board by the service of a written notice together with a copy of this resolution. Failure to comply with the terms hereof with- in the time stated shall be followed by prosecution or such other action as the Council or Board of Health may determine. Dated this 27th day of September, 1928. JOHN H. MACLAY, Mayor. Attest: JOHN STUBER, Clerk. You are further notified that pros- ecution will follow a failure to com- ply with this order and notice, or such further action will be taken as to the Council or Board of Health may seem proper. Signed W. J. CONNELL, Health Officer. Councilman Schuckert moved the adoption of the resolution. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Special Order and Notice From Board of Health. To Susie Hanson, 780 Rush Street: You are hereby notified that on the 27th day of September, 1928, the local Board of Health for the City of Dubuque adopted a resolution or- dering you to abandon and remove the outside water closet, privy or privy vault located upon the prem- ises described therein and to clean the same; also to connect said prem- ises with the sanitary sewer and in- stall toilet and toilet facilities and connect the same with said sewer, all of which to be done within thirty (30) days from the date of said res- olution, a copy of which is herein set out and is as follows: Resolution of the Board of Health. Be it resolved by the Board of Health of the City of Dubuque, Iowa, that it is deemed necessary that Lot No. 2 of 133, Union Addition, owned by Susie Hanson, 780 Rush Street, be connected with sanitary sewer; that the outside water closet, privy or privy vault upon said premises be abandoned and removed and said vault cleaned and that a sanitary toilet and toilet facilities be installed and connections made with the san- itary sewer. Be it further resolved that said Susie Hanson be notified to remove and abandon the outside water closet, privy or privy vault located upon the premises above described and to clean said vault; that said property be connected with the san- itary sewer and that sanitary toilet and toilet facilities be installed and Special Session, September 27th, 1928 connections made with said sewer, all of which to be done within thirty (30) days from the date hereof. Be it further resolved that said Susie Hanson be notified of the ac- tion of this Board by the service of a written notice together with a copy of this resolution. Failure to com- ply with the terms hereof within the time stated shall be followed by prosecution or such other action as the Council or Board of Health may determine. Dated this 27th day of September, 1928. JOHN H. MACLAY, Mayor. Attest: JOHN STUBER, Clerk. You are further notified that pros- ecution will follow a failure to com- ply with this order and notice, or such further action will be taken as to the Council or 'Board of Health may seem proper. Signed W. J. CONNELL, Health Officer. Councilman Schuckert moved the adoption of the resolution. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Special Order and Notice From Board of Health. To Miss Josephine Bruna, 545 Lowell Street: You are hereby notified that on the 27th day of September, 1928, the local Board of Health for the City of Dubuque adopted a resolution order- ing you to abandon and remove the outside water closet, privy or privy vault located upon the premises de- scribed therein and to clean the same; also to connect said prem- ises with the sanitary sewer and in- stall sanitary toilet and toilet facil- ities and connect the same with said sewer, all of which to be done with- in thirty (30) days from the date of said resolution, a copy of which is herein set out and is as follows: Resolution of the Board of Health. Be it resolved by the Board of Health of the City of Dubuque, Iowa, that it is deemed necessary that East 25 feet of Lot 111, Mechanic Addition, owned by Miss Josephine Bruna, 545 Lowell Street, be con- nected with sanitary sewer; that the outside water closet, privy or privy vault upon said premises be aban- doned and removed and said vault cleaned and that a sanitary toilet and toilet facilities be installed and connections made with the sanitary sewer. Be it further resolved that Miss Josephine Bruna be notified to re- 319 move and abandon the outside water closet, privy or privy vault located upon the premises above described and to clean said vault; that said property be connected with the san- itary sewer and that sanitary toilet and toilet facilities be installed and connections made with said sewer, all of which to be done within thirty (30) days from the date hereof. Be it further resolved that Miss Josephine Bruna be notified of the action of this Board by the service of a written notice together with a copy of this resolution. Failure to comply with the terms hereof within the time stated shall be fol- lowed by prosecution or such other action as the Council or Board of Health may determine. Dated this 27th day of September, 1928. JOHN H. MACLAY, Mayor. Attest: JOHN STUBER, Clerk. You are further notified that pros- ecution will follow a failure to com- ply with this order and notice, or such further action will be taken as to the Council or Board of Health may seem proper. Signed W. J. CONNELL, Health Officer. Councilman Schuckert moved the adoption of the resolution. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Special Order and Notice From Board of Health. To Carl Metcalf, 433 West Locust Street: You are hereby notified that on the 27th day of September, 1928, the local Board of Health for the City of Dubuque adopted a resolution order- ing you to abandon and remove the outside water closet, privy or privy vault located upon the premises de- scribed therein and to clean the same; also to connect said premises with the sanitary sewer and install sanitary toilet and toilet facilities and connect the same with said sewer, all of which is to be done within thirty (30) days from the date of said resolution, a copy of which is herein set out and is as follows: Resolution of the Board of Health. Be it resolved by the Board of Health of the City of Dubuque, Iowa, that it is deemed necessary that Lot No. 1 or 1 of Cox Addition, owned by Carl Metcalf, 433 West Locust Street, be connected with the sani- tary sewer; that the outside water closet, privy or privy vault upon said premises be abandoned and removed 320 Special Session, September 27th, 1928 and said vault cleaned and that a sanitary toilet and toilet facilities be installed and connections made with the sanitary sewer. Be it further resolved that said Carl Metcalf be notified to remove and abandon the outside water closet, privy or privy vault located upon the premises above described and to clean said vault; that said property be connected with the sani- tary sewer and that sanitary toilet and toilet facilities be installed and connections made with said sewer, all of which to be done within thirty 30) days from the date hereof. Be it further resolved that said Carl Metcalf be ,notified of the action of this Board by the service of .a written notice together with a copy of this resolution. Failure to com- ply with the terms hereof within the time stated shall be followed by prosecution or such other action as the Council or Board of Health may determine. Dated this 27th .day of September, 1928. JOHN H. MACLAY, Mayor. Attest: JOHN STUBER, Clerk. You are further notified that prosecution will follow a failure to comply with this order and ,notice, or .such . further action will be taken as to the Council or Board,of Health may seem proper. Signed W. J. CONNELL, Health Officer. Councilman Schuckert moved the adoption of the resolution. Seconded by Councilman McEvoy. Carried by the following vote: McEvoy, Meuser, Schuckert, Yount. Nays —None. Special Order and Notice From Board of Health. To Mettel Land & Security Co., 1220 Iowa Street, formerly owned by Joseph Richter, 2411 Rhomberg Avenue: You are hereby notified that on the 27th day of September, 1928, the local Board of Health for the City of Dubuque adopted a resolution or- dering you to abandon and remove the outside water closet, privy or privy vault located upon the prem- ises described thereon and to clean the same; also to connect said premises with the sanitary sewer and install sanitary toilet facilities and connect the same with said sew- er, all of which to be done within thirty (30) days from the date of said resolution, a copy of which is herein set out and is as follows: Resolution of the Board of Health. Be it resolved by the Board of Health of the City of Dubuque,.Iowa, that it is deemed necessary that the Southwest 28 feet of Lot 372, Ham's Addition, owned by Mettel Land & Security Co., 2411 Rhomberg Avenue, be connected with sanitary sewer; that the outside water closet, privy or privy vault upon said premises be abandoned and removed and said vault cleaned and that a sanitary toilet and toilet facilities be installed and cannections made with the san- itary sewer. Be it further resolved that said Mettel Land & Security Co. be noti- fied to remove and abandon the out- side water closet, privy or privy vault located upon the premises above described and to clean said vault; that said property be con - nected with the sanitary sewer and that sanitary toilet and toilet facil- ities be installed and connections made with said sewer, all of which to be done within thirty (30) days from the date thereof. Be it further resolved that said Mettel Land & Security Co. be noti- fied of the action of this Board by the service of a written notice to- gether with a copy . of this resolu- tion. Failure to comply with the terms hereof within the time stated shall be followed by prosecution or such other action as the Council or Board of Health may determine. Dated this 27th day of September, 1928. JOHN H. MACLAY, Mayor. Attest: JOHN STUBER, Clerk. You are further notified that pros- ecution will follow a failure to com- ply with this order or notice, or such further action will be taken as to the Council or Board of Health may seem proper. Signed W. J. CONNELL, Health Officer. Councilman Schuckert moved the adoption of the resolution. Seconded by Councilman McEvoy. Carried by the following vote: Yeas— -Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Special Order and Notice From Board of Health. To John Fitzpatrick, 1064 Rush Street. You are hereby notified that on the 27th day of September, 1928, the local Board of Health for the City of Dubuque adopted a resolution or- dering you to abandon and remove the outside water closet, privy or privy vault located upon the prem- ises described therein and to clean the same; also to connect said prem- ises with the sanitary sewer and install sanitary toilet and toilet fa- cilities and connect the same with Special Session, September 27th, 1928 said sewer, all of which to be done within thirty (30) days from the date of said resolution, a copy of which is herein set out and is as follows: Resolution of the Board of Health. Be it resolved by the Board of Health of the City of Dubuque, Iowa, that it is deemed necessary that Lot No. 170, Union Addition, owned by John Fitzpatrick, 1064 Rush Street, be connected with sanitary sewer; that the outside water closet, privy or privy vault upon said premises be abandoned and removed and said vault cleaned and that a sanitary toilet and sanitary facilities be in- stalled and connections made with the sanitary sewer. Be it further resolved that said John Fitzpatrick be notified to re- move and abandon the outside water closet, privy or privy vault located upon the premises above described and to clean said vault; that said property be connected with the san- itary sewer and that sanitary toilet and toilet facilities be installed and connections made with said sewer, all of which to be done within thirty (30) days from the date hereof. Be it further resolved that said John Fitzpatrick be notified of the action of this Board by the service of a written notice together with a copy of this resolution. Failure to comply with the terms hereof with- in the time stated shall be followed by prosecution or such other action as the Council or Board of Health may determine. Dated this 27th day of September, 1928. JOHN H. MACLAY,- Mayor. Attest: JOHN STUBER, Clerk. You are further notified that pros- ecution will follow a failure to com- ply with this order and notice, or such further action will be taken as to the Council or Board of Health may seem proper. Signed W. J. CONNELL, Health Officer. Councilman Schuckert moved the adoption of the resolution. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Special Order and Notice From Board of .Health. To Mackenzie Est., 849 Seminary Street, Mrs. H. L. Forgrave, 163 Nevada Street. You are hereby notified that on the 27th day of September, 1928, the local Board of Health for the City of Dubuque adopted a resolution or- dering you to abandon and remove 321 the outside water closet, privy or privy vault located upon the prem- ises described therein and to clean the same; also to connect said prem- ises with the sanitary sewer and in- stall sanitary toilet and toilet facil- ities and connect the same with said sewer, all of which to be done within thirty (30) days from the date of said resolution, a copy of which is herein set out and is as follows: Resolution of the Board of Health, Be it resolved by the Board of Health of the City of Dubuque, Iowa, that it is deemed necessary that Lot No. 27, Littleton & Sawyer's Addi- tion, owned by Mrs. H. L. Forgrave, 849 Seminary Street, be connected with sanitary sewer; that the out side water closet, privy or privy vault upon said premises be aban- doned and removed and said vault cleaned and that a sanitary toilet and toilet facilities be installed and connections made with the sanitary sewer. Be it further resolved that said Mrs. H. L. Forgrave be notified to remove and abandon the outside water closet, privy or privy vault located upon the premises above de- scribed and to clean said vault; that said property be connected with the sanitary sewer and that sanitary toilet and toilet facilities be installed and connections made with said sewer, all of which to be done with- in thirty (30) days from the date hereof. Be it further resolved that said Mrs. H. L. Forgrave be notified of the action of this Board by the ser- vice of a written notice together with a copy of this resolution. Fail- ure to comply with the terms here- of within the time stated shall be followed by prosecution or such other action as the Council or Board of Health may determine. Dated this 27th day of September, 1928. JOHN H. MACLAY, Mayor. Attest: JOHN STUBER, Clerk. You are further notified that pros- ecution will follow a failure to com- ply with this order and notice, or such further action will be taken as to the Council or Board of Health may seem proper. Signed W. J. CONNELL, Health Officer. Councilman Schuckert moved the adoption of the resolution. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. 322 Special Session, September 27th, 1928 Special Order and Notice From Board of Health. To Raymond Haverland, 984 Rush Street: You are hereby notified that on the 27th day of September, 1928, the local Board of Health for the City of Dubuque adopted a resolution or- dering you to abandon and remove the outside water closet, privy or privy vault located upon the prem- ises described therein and to clean the same; also to connect such premises with the sanitary sewer and install sanitary toilet and toilet facilities and connect the same with said sewer, all of which to be done within thirty (30) days from the date of said resolution, a copy of which is herein set out and is as follows: Resolution of the Board of Health. Be it resolved by the Board of Health of the City of Dubuque, Iowa, that it is deemed necessary that the South 5 of 4, 110 feet of 61, West 48 feet of 123, Union Addition, owned by Raymond Haverland, 984 Rush Street, be connected with sanitary sewer; that the outside water closet, privy or privy vault upon said prem- ises be abandoned and removed and said vault cleaned and that a sani- tary toilet and toilet facilities be in- stalled and connections made with the sanitary sewer. It is further resolved that said Raymond Haverland be notified to remove and abandon the outside water closet, privy or privy vault located upon the premises above de- scribed and to clean said vault; that said property be connected with the sanitary sewer and that sanitary toilet and toilet facilities be in- stalled and connections made with said sewer, all of which to be done within thirty (30) days from the date hereof. Be it further resolved that said Raymond Haverland be notified of the action of this Board by the ser- vice of a written notice together with a copy of this resolution. Failure to comply with the terms hereof with- in the time stated shall be followed by prosecution or such other action as the Council or Board of Health may determine. Dated this 27th day of September, 1928. JOHN H. MACLAY, Mayor. Attest: JOHN STUBER, Clerk. You are further notified that pros- ecution will follow a failure to com- ply with this order and notice, or such further action will be taken as to the Council or Board of Health may seem proper. Signed W. J. CONNELL, Health Officer. Councilman Schuckert moved the adoption of the resolution. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Special Order and Notice From Board of Health. To Mrs. Theresa Becker, 831 Alta Vista St. 2214 Rhomberg Avenue: You are hereby notified that on the 27th day of September, 1928, the local Board of Health for the City of Dubuque adopted a resolution or- dering you to abandon and remove the outside water closet, privy or privy vault located upon the prem- ises described therein and to clean the same; also to connect said prem- ises with the sanitary sewer and in- stall sanitary toilet facilities and connect the same with said sewer, all of which' to be done within thirty (30) days from the date of said res- olution, a copy of which is herein set out and is as follows: Resolution of the Board of Health. Be it resolved by the Board of Health of the City of Dubuque, Iowa, that it is deemed necessary that Aug. Becker Estate, Southwest half of 308, Ham's Addition, owned by Mrs. Theresa Becker, 2214 Rhom- berg Avenue, be connected with sanitary sewer; that the outside water closet, privy or privy vault upon said premises be abandoned and removed and said vault cleaned and that a sanitary toilet and toilet facilities be installed and connec- tions made with the sanitary sewer. Be it further resolved that said Mrs. Theresa Becker be notified to remove and abandon the outside wa- ter closet, privy or privy vault locat- ed upon the premises above describ- ed and to clean said vault; that said property be connected with the sanitary sewer and that toilet and toilet facilities be installed and con- nections made with said sewer, all of which to be done within thirty (30) days from the date hereof. Be it further resolved that Mrs. Theresa Becker be notified of the ac- tion of this Board by the service of a written notice together with a copy of this resolution. Failure to com- ply with the terms hereof within tie time stated shall be followed by followed by prosecution or such other action as the Council or Board of Health may determine. Dated this 27th day of September, 1928. JOHN H. MACLAY, Mayor. Attest: JOHN STUBER, Clerk. You are further notified that pros- ecution will follow a failure to com- Special Session, September 27th, 1928 ply with this order and notice, or such further action will be taken as to the Council or Board of Health may seem proper. Signed W. J. CONNELL, Health Officer. Councilman Schuckert moved the adoption of the resolution. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Mouser, Schuckert, Yount. Nays —None. Special Order and Notice From Board of Health. To David Bischoff, 2224 Rhomberg Avenue: You are hereby notified that on the 27th day of September, 1928, the local Board of Health for the City of Dubuque adopted a resolution or- dering you to abandon and remove the outside water closet, privy or privy vault located upon the prem- ises described therein and to clean the same; also to connect said prem- ises with the sanitary sewer and in- stall sanitary toilet and toilet facil- ities and connect the same with said sewer, all of which to be done within thirty (30) days from the date of said resolution, a copy of which is herein set out and is as follows: Resolution of the Board of Health. Be it resolved by the Board of Health of the City of Dubuque, Iowa, that it is deemed necessary that Lot No. 310 Ham's Addition, owned by David Bischoff, 2224 Rhomberg Ave- nue, be connected with sanitary sewer; that the outside water closet, privy or privy vault upon said prem- ises be abandoned and removed and said vault cleaned and that a san- itary toilet and toilet facilities be installed and connections made with the sanitary sewer. Be it further resolved that said David Bischoff be notified to remove and abandon the outside water closet, privy or privy vault located upon the premises above described and to clean said vault; that said property be connected with the san- itary sewer and that sanitary toilet and toilet facilities be installed and connections made with said sewer, all of which to be done within thirty (30) days from the date hereof. Be it further resolved that said David Bischoff be notified of the ac- tion of this Board by the service of a written notice together with a copy of this resolution. Failure to comply with the terms hereof within the time stated shall be followed by prosecution or such other action as the Council or Board of Health may determine. Dated this 27th day of September, 1928. JOHN H. MACLAY, Mayor. Attest: JOHN STUBER, Clerk. You are further notified that pros- ecution will follow a failure to com- ply with this order and notice, or such further action will be taken as to the Council or Board of Health may seem proper. Signed W. J. CONNELL, Health Officer. Councilman Schuckert moved the adoption of the resolution. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Special Order and Notice From Board of Health. To John Arthover, 2226 Rhomberg Avenue: You are hereby notified that on the 27th day of September, 1928, the local Board of Health for the City of Dubuque adopted a resolution or- dering you to abandon and remove the outside water closet, privy or privy vault located upon the prem- ises described therein and to clean the same; also to connect said prem- ises with the sanitary sewer and in- stall sanitary toilet and toilet facil- ities and connect the same with said sewer, all of which to be done with- in thirty (30) days from the date of said resolution, a copy of which is herein set out and is as follows: Resolution of the Board of Health. Be it resolved by the Board of Health of the City of Dubuque, Iowa, that it is deemed necessary that Lot No. 311, Ham's Addition, owned by John Arthover, 2226 Rhomberg Ave- nue, be connected with sanitary sewer; that the outside water closet, privy or privy vault upon said prem- ises be abandoned and removed and said vault cleaned and that a sani- tary toilet and toilet facilities be in- stalled and connections made with the sanitary sewer. Be it further resolved that said John Arthover be notified to re- move and abandon the outside water closet, privy or privy vault located upon the premises above described and to clean said vault; that said property be connected with the san- itary sewer and that sanitary toilet and toilet facilities be installed and connections made with said sewer, all of which to be done within thirty (30) days from the date hereof. Be it further resolved that said John Arthover be notified of the ac- tion of this Board by the service of a written notice together with a 323 324 Special Session, September 27th, 1928 copy of this resolution. Failure to comply with the terms hereof with- in the time stated shall be followed by prosecution or such other action as the Council or Board of Health may determine. Dated this 27th day of September, 1928. JOHN H. MACLAY, Mayor. Attest: JOHN STUBER, Clerk. You are further notified that pros- ecution will follow a failure to com- ply with this order and notice, or such further action will be taken as to the Council or Board of Health may seem proper. Signed W. J. CONNELL, Health Officer. Councilman Schuckert moved the adoption of the resolution. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Special Order and Notice From Board of Health. To Leo Davidshofer, 2216 Rhomberg Avenue: You are hereby notified that on the 27th day of September, 1928, the local Board of Health for the City of Dubuque adopted a resolution or- dering you to abandon and remove the outside water closet, privy or privy vault located upon the prem- ises described therein and to clean the same; also to connect said prem- ises with the sanitary sewer and in- stall sanitary toilet and toilet facil- ities and connect the same with said sewer, all of which to be done with- in thirty (30) days from the date of said resolution, a copy of which is herein set out and is as follows: Resolution of the Board of Health. Be it resolved by the Board of Health of the City of Dubuque, Iowa, that it is deemed necessary that northeast half of Lot 308, Ham's Ad- dition, owned by Leo Davidshofer, 2216 Rhomberg Avenue, be connect- ed with sanitary sewer; that the out- side water closet, privy or privy vault upon said premises be aban- doned and removed and said vault cleaned and that a sanitary toilet and toilet facilities be installed and connections made with the sanitary sewer. - Be it further resolved that said Leo Davidshofer be notified to re- move and abandon the outside water closet, privy or privy vault located upon - the premises above described and to clean said vault; that said property be connected with the san- itary sewer and that sanitary toilet and toilet facilities be installed and connections made with said sewer, all of which to be done within thirty (30) days from the date hereof. Be it further resolved that said Leo Davidshofer be notified of the action of this Board by the service of a written notice together with a copy of this resolution. Failure to com- ply with the terms hereof within the time stated shall be followed by prosecution or such other action as the Council or Board of Health may determine. Dated this 27th day of September, 1928. JOHN H. MACLAY, Mayor. Attest: JOHN STUBER, Clerk. You are further notified that pros- ecution will follow a failure to com- ply with this order and notice, or such further action will be taken as to the Council or Board of Health may seem proper. Signed W. J. CONNELL, Health Officer. Councilman Schuckert moved the adoption of the resolution. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. There being no further the Board adjourned. JOHN STUBER, ' Clerk Board of Health. Approved 1927. Adopted 1927. Board of Health business, Attest: Clerk, Board of Health. CITY COUNCIL (Official.) Regular Session, October 1st, 1928. Council met at 5:00 o'clock P. M. Present — City Manager Kratz, Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. • Absent —None. Mayor Maclay stated that this is the regular monthly meeting of the City Council for the transaction of such business as may properly come before the meeting. Ordinance No. 209, an ordinance providing for the licensing of pumps and tanks and vehicles used to sell and dispense gasoline upon the pub- lic streets, alleys, sidewalks and oth- er public places of the City of Du- buque, and providing a penalty for violation hereof, having passed upon first and second reading, presented for final reading and adoption. 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, Meuser, Schuckert, Yount. Nays —None. Wm. B. Martin addressed the Council on behalf of the gasoline dea- lers objecting to the passage of said ordinance, and submitted a petition signed by Frank Bentgen, M. J. Beck, W. A. McDonald, A. M. Brink et al. (762) signers) remonstrating against the passage of said ordinance, and also submitted the legal opinions of Attorney Hugh Stuart and -Attorney John J. Kintzinger, stating that the ordinance is illegal, and should not be adopted. Councilman Meuser moved that the ordinance be referred back to the Council for further considera- tion. Seconded by Councilman Mc- Evoy. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Petition of Anton Zwack asking for an extension of time of thirty days for completing the Dodge Street Storm Sewer, stating that owing to the high stage of water it is impos- sible to do any work on this job. Councilman McEvoy moved that the prayer of the petition be granted, providing it meets with the approval of the bonding company. Seconded by Councilman Yount. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Regular Session, October 1st, 1928 325 Plat of East First Street and Ter- minal Street presented for approval and adoption. Councilman Schuck- ert moved that the plat be approved and adopted and recorded in the County Recorder's office. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Petition requesting the City Coun- cil of the City of Dubuque to call a Special Election for the purpose of voting upon the question of estab- lishing juvenile playgrounds and ac- quiring lands for such purpose and issuing bonds to pay for the same and providing a tax levy to pay the bonds and interest. To the Honorable Mayor and Council of the City of Dubuque, Iowa: The undersigned, being qualified electors of the City of Dubuque, here- by petition your Honorable Body to call a special election in the City of Dubuque, whereat there shall be sub- mitted to the electors thereof the following questions: "Shall the City of Dubuque estab- lish a Juvenile Playground in said city ?" "Shall the City of Dubuque acquire by purchase lands to be used as Ju- venile Playgrounds, and contract in- debtedness for such purposes not exceeding $27,500.00 and issue bonds for such purposes not exceeding $27,500.00 and levy a tax annually upon the taxable property in said City not exceeding one (1) mill per annum for the payment of such bonds and the interest thereon ?" The lands to be acquired are those lots in the block bounded on the south by East 24th Street, on the east by Washington Street, on the north by East 25th Street, and on the west by Jackson Street, and com- monly referred to as "Olinger Park." The petition containing more than the proper number of signers (2,667 signers), Councilman Meuser moved that it be received and placed on file. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Resolution Calling Special Election For Submission of Playground Proposition. Whereas, a petition reading: "Shall the City of Dubuque establish a juvenile playground in said City ?" and "Shall the City of Dubuque acquire by purchase of lands to be used as juvenile playgrounds, and contract indebtedness for such purposes not