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1928 October Council Proceedings• 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 business, the Board adjourned. JOHN STUBER, ' Clerk Board of Health. Approved 1927. Adopted 1927. Board of Ilealth Attest: .._......_...._..__..__.__.. Clerk, Board o1 Health. GITY 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, Counclimen 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 Attorne 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- min-al 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 326 Regular Session, October 1st, 1928 Regular Session, October 1st, 1928 327 exceeding $27,500 and issue bonds for such purposes not exceeding $27,500 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 ?" has been presented to. this Council of the City of Dubuque, Iowa, and this present Council meeting is the first regular Council meeting since the filing of said petition; and, Whereas, said petition is signed by qualified electors of said City equal in number to more than 25% of those who voted at the last reg- ular municipal election; and Whereas, said petition is sufficient and complies with the provisions of Section 6238 et seq of the Code of 1927 and should be granted, and this Council has jurisdiction thereof; and Whereas, the public convenience and public demand require the estab- lishment of a juvenile playground for children of the City of Dubuque; and Whereas; it is the opinion of this Council that the establishment of such a playground is a public neces- sity and will pronlote the general welfare and enure to the benefit of the City as a whole; and Whereas, this Council has hereto- fore adopted the provisions of Chap- ter 43 of the Code of Iowa, 1927, and has authorized and ordered use of the voting machines at all elections held in said City; Now, therefore, be it resolved by the City Council of the City of Du- buque as follows: Section 1. That this Council, on itf own motion and pursuant to the peti- tion aforesaid, hereby calls a special election to be held in said City on the 6th day of November, 1928, from 7 o'clock A. M. until 7 o'clock P. M. at which election there shall be sub- mitted to the voters of said city, to be by them voted upon, the proposi- tion of establishing a juvenile play- ground in said City, and the propo- sition of acquiring by purchase lands to be used as juvenile playgrounds, and contracting indebtedness for such purpose not exceeding $27,500, and issuing bonds for such purpose not exceeding $27,500, and levying a tax annually upon the taxable prop- erty in said City not exceeding one (1) mill per annum for the payment of such bonds and interest thereon. Sec. 2. That said election be held in the several voting precincts of said City, the boundaries of- which voting precincts shall be delimited by Ordinance No. 159 of said City, and the polling places within the re- spective voting precincts shall be as follows : First Precinct, at Grandview Ave- nue First Station, Grandview Ave- nue and Bryant Street. Second Precinct, at Washington Junior High School, Grandview and Fremont Avenues. Third Precinct, at Franklin School, Bluff and Jones Streets. Fourth. Precinct, at Court House, Seventh Street and Central Avenue. Fifth Precinct, at Lincoln School, at West Fifth and Nevada Streets. Sixth Precinct, at Irving School, Irving and Delhi Streets. Seventh Precinct, at City Hall, 13th Street and Central Avenue. Eighth Precinct, at Chamber of Commerce, Ninth and Locust Streets. Ninth Precinct, at 18th Street Fire Station, 18th Street and Central Ave - riUe. Tenth Precinct, at Central Junior High School, 15th and Leetlat Streets. Eleventh Precinct, at Mathey Chev- tolet Co, Bldg., 1942 Central Avenue. Twelfth Precinct, at Fulton Scheel, 2573 Central Avenue. Thirteenth Precinct, at Will Store Bldg., 27th and Central Avenue. Fourteenth Precinct, at Audubon School, Lincoln Avenue and Johnson Street. Fifteenth Precinct, at Marshall School, Ithonlberg Avenue and Mar- shall Street, Sec. 3. That at such election vot- ing machines will be used if desir- able, and the ballots for the afore- said proposition shall be prepared by the City Clerk on yellow paper in substantially the following terra, re- spectively: "Shall the City of Dubuque, Iowa, establish juvenile playgrounds in said City ?" "Shall the City of Dubuque, Iowa, acquire by purchase lands to be used as juvenile playgrounds and contract indebtedness for such purposes not exceeding $27,500, and issue bonds for such purpose not exceeding $27,500, and levy a tax annually upon the tai:able property in said City not exceeding one (1) mill per annum for the payment of such bonds and interest thereon ?" Said ballots shall be prepared in such size as will permit the same to be interted in the proper place in each voting machine. If voting ma- chines are not available at said elec- tion then a printed ballot shall be used. Sec. 4. That the Mayor is hereby authorized, empowered and instruct- ed to issue a proclamation of notice of said election and to give four weeks notice thereof by publication of said proclamation once a week for four consecutive weeks in the Tele- graph- Herald & Times - Journal, a newspaper published in said City, last of which publications shall not be less than five nor more than 20 days prior to said election, all in strict compliance with Section 6244 of the Code of Iowa, 1927. Said proclamation shall be in sub- stantially the following form: Mayor's Proclamation. Notice of Special Election, • Dubuque, Iowa. Public notice is hereby given that a special election of the City of Du- buque, Iowa, will be held on Novem- ber 6, 1928, from 7 o'clock A. M. to 7 o'clock P. M., at which election there will be submitted to the voters of said City, to be by them voted upon, the proposition of establishing a ju- venile playground in said City, and the proposition of acquiring by pur- chase lands to be used as juvenile playgrounds, and contract in indebt- edness for such purpose not exceed- ing $27,500, and issuing bonds for such purpose not exceeding $27,500, and levy a tax anually upon the tax- able property in said City not ex- ceeding one (1) mill per annum for the payment of such bonds and the interest thereon. Voting machines will be used at said election, if desirable, and the ballots for the aforesaid propositions will be in substantially the following forms: "Shall the City of Dubuque, Iowa, establish juvenile playgrounds in said city ?" "Shall the City of Dubuque, Iowa, acquire by purchase lands to be used as juvenile playgrounds, and con- tract indebtedness for such purposes not exceeding $27,500, and issue bonds for such purposes not exceed- ing $27,500, and levy a tax annually upon the taxable property in said city not exceeding one (1) mill per annum for the payment of such bon- us and the interest thereon." Said special election will be held in the several voting precincts of said city, the boundaries of which voting precincts shall be as delimit- ed by ordinance No. 159 of said city, and the polling places within the re- spective voting precincts will be qs follows: First Precinct —At the Grandview Avenue Fire Station. Second Precinct —At the Washing- ton Junior High School, at Grand- view and Fremont Avenues. Third Precinct —At the Franklin School, at Bluff and Jones Streets. Fourth Precinct —At the Court House, 7th Street and Central Ave- nue. Fifth Precinct —At the Lincoln School, at West 5th and Neveda Streets. Sixth Precinct —At the Irving School, at Irving and Delhi Streets. Seventh Precinct — the City Hall, 13th Street and Central Ave- nue. Eighth Precinct —At the Chamber of Commerce, at 9th and Locust Streets. Ninth Precinct —At the 18th Street Fire Station, 18th Street and Central Avenue. Tenth Precinct —At the Central Junior High School, at 15th and Lo- Cust Streets. Eleventh Precinct —At 1942 Cen- tral Avenue, Mathey- Chevrolet Bldg. Twelfth Precinct —At the Fulton School, 2573 Central Avenue. Thirteenth Precinct — At Wille's Store, 27th and Central Avenue. li'0Urteehth Precinct —At the Audu- bon School, at Lincoln Avenue and Johnson Street. Fifteenth Precinct —At the Mar- shall School, Rhomberg Avenue and Marshall Street. All qualified electors of said city are hereby notified to appear at said election and vote at the polling place of the voting precinct in which such elector resides. This notice is given by order of the City Council of the City of Du- buque, pursuant to Chapters 298 and 819 of the Code of Iowa, 1927, and all other pertinent laws of the State of Iowa. Dated at Dubuque, Iowa, this 3rd day pi October, 1928. JOHN H. MACLAY, Mayor of the City of Dubuque, Iowa. Attest: JOHN STUBER, Clerk of Said City. 10 -3- wed -4w. Sec. 5. That at said election in each polling place properly installed, regulated and tested voting mach- ines will be used, if the same are de- sirable, otherwise printed ballots shall be used. Sec. 6. That in compliance with Section 730 of the Code of Iowa, 1927, the following named persons be and the same are hereby appointed: (Same judges and clerks be appoint- ed for the Special Election that are appointed' by the Board of Supervis- ors for the General Election.) Sec. 7. That this Council meet on the next secular day following the day of said election at the City Hall within said city, at 5 o'clock P. M., to canvass the results of said elec- tion. Sec. 8. That • all resolutions or parts of resolutions in conflict here- with be and the same are hereby re- pealed, and this resolution be in full Regular Session, October 1st, 1928 329 Fifth Precinct— Margaret Lavery, Mrs. F. W. Trader. Sixth Precinct — Lillian Flege, Mrs. Minnie Starr. Seventh Precinct —Mrs. Mayme McCraney, Mrs. Cora Wolf. Eighth Precinct —Mrs. Emily Beck. er, Mrs. James Millin. Ninth Precinct —Miss Leona Palen, Mrs. Carrie Elmer. Tenth Precinct —Mrs. Theresa Bir kett, Eva Schaffhauser. Eleventh Precinct — Albert A. Schiltz, Mrs. Frank Kurt. • Twelfth Precinct — Alberta Mar- shall, Mrs. Martha Humke Thirteenth Precinct —Rita Kessler, Airs. Hazel Johannsen. Fourteenth Precinct —Mrs. Mabel Abbott, Mrs. John Muir. Fifteenth Precinct —Mrs. Rose Fox, Mrs. Eva Fiedler. Said registrars shall meet on the second Thursday prior to the date of said election and hold continuous session for three consecutive days, and again on Saturday preceding the date of said election, from 8 o'clock A. M. to 9 o'clock P. M., on each of said days, for the purpose of compil- ing, revising, correcting, striking from, consecutively numbering and completing the registry books of vot- ers of said city as provided by law. Said registrars of the respective voting precincts shall also meet on the date of said election during the hours while the polls of said election are open for the purpose of permit- ting the registration of all persons as may have been out of the city on all preceding registration days or who have become entitled to vote since the last preceding days of registration. The places of meeting of the regis- trars of the respective precincts, as herebefore provided, shall be as follows: First Precinct —At Grandview Ave- nue First Station. Second Precinct —At the Washing- ton Junior High School, Grandview and Fremont Avenues. Third Precinct — At Franklin School, Bluff and Jones Streets. Fourth Precinct —At Court House, 7th Street and Central Avenue. Fifth Precinct —At Lincoln School, West 5th and Nevada Street. Sixth Precinct —At Irving School, Irving and Delhi Streets. Seventh Precinct —At City Hall, 13th Street and Central Avenue. Eighth Precinct —At Chamber of Commerce, 9th and Locust Streets. Ninth Precinct - At 18th Street Fire Station, 18th Street and Central Avenue. Tenth Precinct —At Central Junior Iiigh School, 15th and Locust Streets. Eleventh Precinct —At Mathey- Chevrolet Co. Bldg., 1942 Central Avenue. Twelfth Precinct —At Fulton School, 2573 Central Avenue. Thirteenth Precinct —At Wille's Store Bldg., 27th Street and Central Avenue. Fourteenth Precinct —At Audubon School, Lincoln Avenue and Johnson Street. Fifteenth Precinct —At Marshall School, Rhomberg Avenue and Mar- shall Street. On election day the registrars shall conduct their meeting at a place conveniently located near the polling place in each precinct. Sec. 2. That the Mayor of said city is hereby authorized to issue a notice of registration and of the tune and place thereof, by publica- tion in the Telegraph - Herald & Times- Journal, a newspaper printed and published in said city, as pro- vided by law; said notice to be in substantially the following form: Notice of Registration. Public notice is hereby given — That the registrars of election, duly appointed to register the voters of the City of Dubuque, Iowa, for the Special Election to be held on No- vember 6th, 1928, will be on Thurs- day, October 25th, 1928, and Friday, October 26th, 1928, and Saturday, October 27, 1928, in attendance and continuous session at their respect- ive places as hereinafter stated from 8 o'clock A. M. until 9 o'clock P. M. on each day, for the purpose of com- pleting the list of the persons who are or will be qualified voters in the respective precincts of said city for said special election to be held in said city. On the 3rd day of Novem- ber, 1928, said registrars will also be in continuous session from 8 o'clock A. M. until 9 o'clock P. M. for the purpose of revising and correcting said registry books by adding there- to, revising, correcting, consecutive- ly numbering and completing said books as to the names of all apply- ing for registration, who on Novem- ber 6th, 1928, will be entitled to vote in the City of Dubuque, Iowa, and the respective precincts thereof, and by striking therefrom the name of any one not entitled to vote thereat, and for the purpose of performing all duties required of them by law. Said registrars will also be in con- tinuous session on election day, No- vember 6th, 1928, during the hours the polls remain open, for the pur- pose of registering such persons as may have been out of the city on all II 328 Regular Session, October 1st, 1928 force and effect immediately upon its passage and approval. Passed and approved, October 1, 1928. JOHN H. MACLAY, Mayor. HENRY F. SCHUCKERT, WM. H. MEUSER, ED. McEVOY, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman McEvoy moved the adoption of the resolution. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. List- of names submitted by the Dubuque County Republican Central Committee, to the City Council, wherefrom to appoint registration clerks for the General and Special elections to be held November 6th, 1928: First Precinct —Mrs. Pearl Selle, Clara R. Collinson, Mrs. Fred Schreiner. Second Precinct —Mrs. Geo. R. Fox, Mrs. Edna Hoerner, Mrs. Nellie M. Loetscher. Third Precinct —Mrs. Helen Frith, Mrs. Pearl Hoerner, Mrs. Elmer Barr. Fourth Precinct —Mrs. Mae Hed- ley, Mrs. J. A. Hunt, Mrs. Elizabeth Bain. Fifth Precinct —Mrs. F. W. Trader, Mrs. Wm. Fox, Mrs. O. J. Stirratt. Sixth Precinct —Mrs. Minnie Starr, Mrs. Roscoe Thomas, Mrs. Carl F. Stott. Seventh Precinct —Mrs. Cora Wolf, Frank Cole, Mrs. Willis Clark. Eighth Precinct —Mrs. James Mil - lin, Fred Clarke, G. V. Haywood. Ninth Precinct —Mrs. Carrie Elm- er, Mrs. H. A. Nelson, Mrs. Edna Young. Tenth Precinct —Eva Schaffhauser, Mrs. Blanch Hansel, Mrs. Emil Donatsch. Eleventh Precinct — Mrs. Frank Kurt, Gertrude Neumiller, Angeline Rubesky. Twelfth Precinct — Mrs. Martha Humpke, Lester Demkier, Mrs. Blanch Holtzman. Thirteenth Precinct —Mrs. Hazel Johannsen, Mrs. Nell LaPreil, Mrs. Ethel Norberg. Fourteenth Precinct —Mrs. John Muir, Mrs. Dorothy Bauer, Herman Jansen. Fifteenth Precinct —Mrs. Eva Fied- ler, Mrs. Frank Beutin, Harry Benzer. Respectfully submitted, F. E. GEARY, Secretary, List of names submitted by the Dubuque County Democratic Central Committee, to the City Council, wherefrom to appoint registration clerks for the General and Special elections to be held November 6th, 1928. First Precinct —Mrs. Mary Grube, Mrs. R. B. Grimes, Mrs. E. Dolan. Second Precinct —Mrs. Martha Mc- Carten, Mrs. Hilda McCarthy, Mrs. Agnes Krause. Third Precinct —Wm. Glenn, Lo- retta Duggan, Mr. Halpin. Fourth Precinct — Mrs. Loretta Powers, Mrs. Mayme Shearn, Wm. Toner. Fifth Precinct — Margaret Lavery, Evelyn Madden, Mrs. Andrew Shea. Sixth Precinct — Lillian Fleege, Gertrude Walsh, J. J. Pendergast. Seventh Precinct —Mrs. Mayme McCraney, Miss Mayme Pickley, Mrs. Pearl Lenz. Eighth Precinct —Mrs. Emily Beck- er, Mrs. Kate Glenn, Mrs. Starr. Ninth Precinct —Miss Leona Palen, Mrs. Mary Butler, Mrs. John Swift. Tenth Precinct —Mrs. Theresa Bir- kett, Marjorie Morrow, Marie Strueber. Eleventh Precinct —Leo Tschudi, Albert A. Schiltz, Helen E. Vogen- thaler. Twelfth Precinct — Alberta Mar- shall, Catherine Berringer, Frank Brandt. Thirteenth Precinct —Rita Kessler, Bertha Kresche, Mary Hense. Fourteenth Precinct —Mrs. Mable Abbott, Mrs. Agnes Schublin, Walter Tschirgi. Fifteenth Precinct —Rose Fox, Jo- seph Richter Jr., Fred J. Heller. Respectfully submitted, F. D. GILLOON, Democratic County Chairman. Resolution Providing for Registra- tion. Be it resolved by the City Council of the City of Dubuque, as follows: Section 1. That in order to com- pile a list of voters who shall be en- titled to vote at the special election to be held in the City of Dubuque, Dubuque County, Iowa, on November 6th, 1928, the following named per- sons be and the same are hereby appointed registrars at the respec- tive voting precincts, said persons being duly qualified to act as such under the provisions of the law. First Precinct —Mrs. Mary Grube, Mrs. Pearl Selle. Second Precinct —Mrs. Martha Mc- Carten, Mrs. Geo. R. Fox. Third Precinct —Wm. Glenn, Mrs. Helen Frith. Fourth Precinct —Mrs. Loretta Powers, Mrs. Elizabeth Bain. 330 Regular Session, October lst, 1928 of the preceding days fixed for regis- tration or who have become entitled to vote since the previous day of registration. All of the qualified voters of the city who desire to vote are hereby notified to present themselves for registration on one of said days of registration under penalty of being deprived of the privilege of voting at said special election. The places of holding such regis- tration in each of the several pre- cincts of said city will be as follows: On October 25th, 26th, 27th, and November 3rd, 1928. First Precinct —At Grandview Ave- nue Fire Station, Grandview Avenue and Bryant Street. Second Precinct —At Washington Junior High School, Grandview Ave- nue and Fremont Avenues. Third Precinct — At Franklin School, Bluff and Jones Streets. Fourth Precinct —At Court House, 7th Street and Central Avenue. Fifth Precinct —At Lincoln School, corner 5th and Nevada Streets. Sixth Precinct —At Irving School, Irving and Delhi Streets. Seventh Precinct —At City Hall, 13th Street and Central Avenue. Eighth Precinct —At Chamber of Commerce, corner 9th and Locust Streets. Ninth Precinct —At 18th Street Fire Station, 18th Street and Central Avenue. Tenth Precinct —At Central Junior High School, corner 15th and Locust Streets. Eleventh Precinct —At 1942 Cen- tral Avenue, Mathey- Chevrolet Co. Bldg. Twelfth Precinct — At Fulton School, 2573 Central Avenue. Thirteenth Precinct —At Wille's Store, 27th and Central Avenue. Fourteenth Precinct —At Audubon School, corner Lincoln Avenue and Johnson Street. Fifteenth Precinct —At Marshall School, Rhomberg Avenue and Mar- shall Street. On election day the registrars will hold their session at a place located conveniently near the polling places. To all of the foregoing you will take due and timely notice. Dated at Dubuque, Iowa, this 2nd day of October, 1928. JOHN H. MACLAY, Mayor of the City of Dubuque. Attest: JOHN STUBER, Clerk of City of Dubuque. Sec. 3. All resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. Passed and approved this 1st day of October, 1928. JOHN H. MACLAY, Mayor. HENRY F. SCHUCKERT, WM. H. MEUSER, ED. McCOY, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman McEvoy moved the adoption of the resolution. Seconded by Councilman Yount. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Resolution. Be it resolved by the City Council of the City of Dubuque: That as a protest to the Federal Radio Commission in the injustice to Stations W -H -O, Bankers Life, Des Moines, Iowa, and W -O -C, Davenport, Iowa, and the radio listeners in the territory served by them, we respect- fully petition the Federal Radio Com -, mission to reconsider its action and reassign to said stations a clear channel, full time and a minimum of 5000 watt power. Be it further resolved that the City Clerk of the City of Dubuque, Iowa, be and he is hereby authorized and directed to certify a copy of this resolution to the said Federal Radio Commission at Washington, D. C. Passed, adopted and approved this lst day of October, 1928. JOHN H. MACLAY, Mayct. HENRY F. SCHUCKERT, WM. 11.E MEUSER, ED. McEVOY, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Meuser moved the adoption of the resolution. Second- ed by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Petition of residents and property owners on Broadway asking that an electric street light be installed on said street midway between the pres- ent center and the south light on said street. Signed by C. K. Mathis, F. O. Hurnke, Geo. Ganshirt et al. (13 signers) Councilman Schuckert moved that the petition be referred to the City Manager. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. October 1, 1928. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise you that I have this day issued cigarette permit No. 19 to the Royal Lunch, George Stavros and Ellis Mihalas, owners, to conduct the sale of cigar- ettes at 1563 Central Avenue. This permit is issued to expire June 30th, 1930. This letter is accompanied by bond executed by the Royal Indemnity Company, which is given you for 3 our approval. Very truly yours, ALLAN G. SIGMAN, Secy. to City Manager. The bond being properly executed, Councilman Schuckert moved that the bond be received and placed on file and permit be granted. Second- ed by Councilman Meuser. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. There being no further business, Council adjourned. JOHN STUBER, City Clerk. Councilmen: Attest: City Clerk. Special Session, October 5th, 1928 331 Approved 1928. Adopted 1928. CITY COUNCIL (Official.) Special Session, October 5th, 1928. Meeting called to order by Mayor Maclay and Councilman Schuckert, Council met at 5 o'clock P. M. Present —City Manager Kratz, Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Abst —No Mayor en Maclay ne. read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of considering bids for the construction of side- walks in various parts of the City, and acting on any other business that may come before the meeting. Notice of publication of notice to contractors, certified to by the pub- lisher, presented. Notice to Sidewalk Contractors. Pursuant to the direction of the City Council, public notice is given that sealed bids will be received for the construction and repair of perm- anent 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. Jo- seph's Parsonage, owner, width of sidewalk 6 feet; Lot 1, College Sub., M. L. and J. E. Kemler, owners, width of sidewalk 5 feet; Lot 21, Finley Home Add., Ella B. Wimmer, owner, width of sidewalk 5 feet; Lot 2 of 2 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 side- walk 5 feet; Lot 22, High Street Sub., Realty Inv. Corp., owner, width of sidewalk 5 feet; Lot 1, High Street Sub., Ursula Domenig, owner, width of sidewalk 5 feet; Lot 3 of Min. Lot 314, Independent School District, owner, width of sidewalk 5 feet; Lot 2 of Min. Lot 314, Indepen- dent School District, owner, width of sidewalk 5 feet. Such sidewalks will be construct- ed and repaired in accordance with plans and specifications heretofore prepared by the Engineer and ap- proved by the City Council and now en file in the office of the City Clerk, to which specifications and plans the contractor is directed for informa- tion regarding the method of con- struction and materials to be used. All work shall be completed on or before the lst day of November, 1928. The contractor must accom- pany his bid by a certified check up- 332 Special Session, October 5th, 1928 on a Dubuque bank in an amount equal to 5 per cent of his bid, which check shall be forfeited as liquidated damages in the event the contractor to whom the contract is 'awarded re- fuses or fails to enter into such a contract. Payments will be made to the contractor in certificates in form and manner provided by law and the ordinance of the City of Dubuque. That all bids must be filed with the City Clerk on or before 10 A. M. of the 3rd day of October, 1928. Given under my hand this 17th day of September, 1928. JOHN STUBER, City Clerk. Councilman Yount moved that the notice be received and filed. Second- ed by Councilman McEvoy. Carried by the following vote: Yeas -Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays -None. October 5th, 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. Wednesday, October 3rd, for the con- struction and repair of sidewalks in front of and abutting upon the lots or parcels of real estate herein de- scribed, to -wit: South 2 -5 of City Lot 475, St. Jo- seph's Parsonage, owner, width of sidewalk 6 feet; Lot 1, College Sub., M. L. and J. E. Kemler, owners, width of sidewalk 5 feet; Lot 21, Fin- ley Home Add., Ella B. Wimmer, owner, width of sidewalk 5 feet; Lot 2 of 2 of 2• of 2 of 1 of 7 of Min. Lot 159, Geo. Acker Estate, owner, width of sidewalk 5 feet; Lot 1 of 2 of 2 of 2 of 1 of 7 of Min. Lot 159, Eliz. Acker, owner, width of sidewalk 5 feet; Lot 1 of 20, Finley Hoene Add., C. B. Trewin, owner, width of side- walk 5 feet; Lot 22, High Street Sub., Realty Inv. Corp., owner, width of sidewalk 5 feet; Lot 1, High Street Sub., Ursula Domenig, owner, width of sidewalk 5 feet; Lot 3 of Min. Lot 314, Independent School District, owner, width of sidewalk 5 feet; Lot 2 of Min. Lot 314, Indepen- dent School District, owner, width of sidewalk 5 feet. Thomas E. Byrne - Sidewalks, 19c per sq. ft. I would respectfully recommend that the contract for sidewalks be awarded to Thomas E. Byrne as his bid was the lowest one received. Respectfully submitted, O. A. KRATZ, City Manager. Resolution Awarding Contract. Whereas, proposals have been sub- mitted by contractors for the con- struction of cement sidewalks abut- ting on the following described lots or parcels of real estate: South 2 -5 of City Lot 475, St. Jo- seph's Parsonage, owner, width of sidewalk 6 feet; Lot 1, College Sub., M. L. and J. E. Kemler, owners, width of sidewalk 5 feet; Lot 21. Finley Home Add., Ella B. Wimmer, owner, width of sidewalk 5 feet; Lot 2 of 2 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 side- walk 5 feet; Lot 22, High Street Sub., Realty Inv. Corp., owner, width of sidewalk 5 feet; Lot 1 of High Street Sub., Ursula Domenig, owner, width of sidewalk 5 feet; Lot 3 of Min Lot 314, Independent School District, owner, width of sidewalk 5 feet; Lot 2 of Min. Lot 314, Indepen- dent School District, owner, width of sidewalk 5 feet. And Thomas E. Byrne, contractor, has submitted the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, Be it resolved by the City Council of the City of Dubuque that the con- tract for the construction of cement sidewalks abutting on the following described lots or parcels of real es- tate, to -wit: South 2 -5 of City Lot 475, St. Jo- seph's Parsonage, owner, width of sidewalk 6 feet; Lot 1, College Sub., M. L. and J. E. Kemler, owners, width of sidewalk 5 feet; Lot 21, Finley Home Add., Ella B. Wimmer, owner, width of sidewalk 5 feet; Lot 2 of 2 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 side - walk 5 feet; Lot 22, High Street Sub., Realty Inv. Corp., owner, width of sidewalk 5 feet; Lot 1, High Street Sub., Ursula Domenig, owner, width of sidewalk 5 feet; Lot 3 of Min. Lot 314, Independent School District, owner, width of sidewalk 5 feet; Lot 2 of Min. Lot 314, Inde- pendent School District, owner, width of sidewalk 5 feet; Be awarded to Thomas E. Byrne, contractor, and the Mayor and Man- ager be, and they are hereby direct- ed to execute a contract on behalf of the City of Dubuque for the com- plete performance of said work. Be it further resolved that this resolution being deemed urgent, and of immediate necessity become effec- tive from and after its passage and adoption by the City Council. Approved and placed on file fo one week for public inspection this 5th day of October, 1928. Councilman Schuckert moved that the resolution be approved and placed on file for one week for public inspection. Seconded by Councilman McEvoy. Carried by the following vote: Yeas -Mayor Maclay, Councilmen McEvoy, Mouser, Schuckert, Yount. Nays -None. Petition of Miss J. E. Kemler, rela- tive to a cement sidewalk ordered to, be constructed in front of and ad- joining Lot 1, College Sub., on Col- lege Street, stating that permission has already been granted to lay a 4- foot instead of a 5 -foot walk, con- forming to the width of other walk: on said street. Not having seen the notice in time, she now asks to be allowed to lay said 4 -foot walk if still required. 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 Yount. Carried by the following vote: Yeas - Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays -None. Miss Kemler addressed the Coun- cil relative to said petition. City Manager recommended that if what she states is correct, she be allowed to construct a 4 -foot walk to conform with other walks on said street, otherwise the sidewalk should be five feet wide as provided by ordinance. Councilman Schuckert moved that the recommendation of the City Man- ager be approved. Seconded by Coun- cilman Meuser. Carried by the fol- lowing vote: Yeas -Mayor Maclay, Councilmen McEvoy, Mauser, Schuckert, Yount. Nays -None. Communication of the United States Fidelity and Guaranty Co. Honorable Mayor and City Council, Dubuque, Iowa. We hereby give our consent to the extension of time granted by the City of Dubuque to James Saul & Son to October 15th, 1928, for the completion of the following con- tracts: Contract for construction of side- walks on Johnson, Roberts, West 4th and Broadway Streets in the City of Dubuque, Iowa. Contract for paving Johnson Street from the west property line of Gar- Special Session, October 5th, 1928 333 field to the east property line of East 22nd Street. Contract for paving Broadway Street from the south property line of West 24th Street to the south property line of Diagonal Street. Contract for paving Roberts Street from the north property line of West 5th Street to the north property line of West 8th Street from the east property line of Roberts Street to the west property line of Wilson Street, and Wilson Street from the south property line of West 8th Street on the west to the south prop- erty line of Julien Avenue. Contract for paving West 4th Street from the west property line of Bluff Street to the west line of City Lot No. 612. Very truly yours, UNITED FIDELITY AND GUARANTY CO. -By R. G. Wellman, Attorney -in- fact. Councilman Schuckert moved that the communication be received and filed with the original bond. Second- ed by Councilman McEvoy. Carried by the following vote: Yeas =Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays -None. Petition of Mrs. Walter Burke re- ferred to the City Council by the Board of Supervisors, asking that the 1928 tax on Lot 4, South Avenue Add., be cancelled by reason of in- firmity, 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, Yount. Nays -None. Petition of John A. Peter, referred to the Council by the Board of Super- visors, asking that the taxes for the current year on Lots 95 -96 -97 and 98 be cancelled, by reason of infirmity, 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, Yount. Nays -None. Report of the City Manager, sub- mitting reports of the City Treas- urer and City Auditor, for the month of September, 1928, showing the fin- ancial condition of the City as of October 1st, 1928, also a copy of the Water Works report for September, 1928, submitted for approval. Councilman Schuckert moved that the reports be approved and placed 334 Special on file. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Petition of Mrs. E. Byrne, asking that the balance of the assessment for the improvement of Bryant Street against Lot 1 of 1 of Byrne Sub- division, Number 1, be cancelled, for the reason that there is no water on this street and it is impossible to connect with sanitary sewer. Councilman Schuckert moved that the petition be received and filed: Seconded by Councilman Yount. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. October 1st, 1928. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that Mr. Bart McDonnell has made appli- cation for a permit to sell cigarettes at 1902 Central Avenue, having moved to that address from 1401 Central Avenue at a recent date. Under the state law, it is necessary that a new bond be filed and a new permit issued. Attached herewith is the bond filed by Mr. Bart McDonnell for your approval. Very truly yours, ALLAN E. SIGMAN, Secy.. to City Manager. Councilman Schuckert moved that the bond be received and placed on file and the permit be granted. Sec- onded by Councilman Meuser. Car- ried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. October 3rd, 1928. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise you that I have this day issued cigarette permit No. 21 to Heller & Olanosky, 1515 Central Avenue, to conduct the sale of cigarettes. This permit is is- sued tit expire June 30th, 1930. This letter is accompanied by bond executed by the Globe Indemnity Company, which is given, you for your approval, Very truly yours, ALLAN E. SIGMAN, Secy. to City Manager. Councilman Schuckert moved that the bond be received and placed on file and the permit be granted. Sec- onded by Councilman Meuser: Car- ried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy,, Meuser, Schuckert, Yount. Nays —None. Session, October 5th, 1928 Resoliution Declaring the Intention of the City Council to Issue Bonds. Whereas, the improvement of Johnson Street from the west prop, erty line of Garfield Avenue to the east property line of East 22nd Street, except where already paved, has been constructed according to plans and specifications and the same has been fully completed and accepted by the City Council of the City of Dubuque, and Whereas, this Council has deter- mined upon the issuance of bonds in the manner and form provided by Chapter 311 of the Code of Iowa, 1927, to defray the Cost thereof, namely in the total sum of $7,491.90; Now therefor, be it resolved by the City Council of the City of Dubuque that in order to pay the cost of the construction of the public improve- ment of Johnson Street from the west property line of Garfield Ave- nue to the east property line of East 22nd Street except where already paved, there is hereby declared the intention of this Council to issue Public improvement bonds as pro- vided by Chapter 311 of the Code of Iowa, 1927, in the sum of $7,491.90, and such bonds will be authorized at a meeting of this Council to be held on the 30th day of October, 1928, at 5:00 o,'elock P. M. in the Council Chambers, and the City Clerk be and he is hereby directed to cause to be published a notice of the time and place of such meeting in order that objections may be filed to the issu- ance of such bonds and such objec- tions determined as provided by law. Be it further resolved that this resolution be made a matter of record. Passed, adopted and approved this 5tb day of October, 1928. JOHN H. MACLAY, Mayor. HENRY F. SCHUCKERT, WM. H. MEUSEIi, ED. McEVOY, EARL YOUNT, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Mouser 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. Councilman Schuckert moved that a sidewalk permit fee shall be col- lected for the construction of side- walks, to -wit: One dollar for the first 50 square feet and one cent per square foot for every square foot over 50 square feet, provided that a permit must be obtained for all sidewalk repairs, but no feet will be collected for less than 50 square feet. Seconded by Council- man Meuser. Carried by the follow- ing vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. There being no further business, Council adjourned. JOHN STUBER, City Clerk. Adopted 1928. Approved 1928. Councilmen Attest: Special Session, October 12th, 1928 335 City Clerk. CITY COUNCIL (Official.) Special Session October 12th, 1928. Meeting called by order of 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 service thereof had been duly made and that this meeting is called for the purpose of adopting a resolution awarding contract for side- walks to Thos. E. Byrne, having been approved and placed on file for one week for public inspection and acting on any other business that may come before the meeting. Resolution Awarding Contract Whereas, proposals have been sub- mitted for the construction of ce- ment sidewalks abutting on the fol- lowing described lots or parcels of real estate.: South 2 -5 of City Lot 475, St. Jo- seph's Parsonage, owner, width of sidewalk 6 feet; Lot 1, College Sub., M. L. and J. E. Kemler, owners, width of sidewalk 5 feet; Lot 21, Finley Home Add., Ella B. Wimmer, owner, width of sidewalk 5 feet; Lot 2 of 2 of 2 of 2' of 1 of 7 of Min. Lot 159, George Acker Estate, own- er, 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., owner, width of sidewalk 5 feet; Lot 1, High Street Sub., Ursula Domenig, 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. 1 width of sidewalk 5 feet. And Thomas E. Byrne, contractor, has submitted the lowest bid' for the furnishing of all labor and materials and performing the work as pro- vided for in the plans and specifica- tions; now therefore, Be it resolved by the City Coun- cil of the City of Dubuque that the contract for the construction of ce- ment sidewalks abutting on the fol- lowing described lots or parcels of real estate, to -wit: South 2 -5 of City Lot 475, St. Jo- seph's Parsonage, owner, width of sidewalk 6 feet; Lot 1, College Sub., M. L. and J. E. Kemler; owners, i width of sidewalk 5 feet; Lot 21, Special Session, October 12th, 1928 337 Yeas —Mayor Maclay, Councilmen McEvoy, Meuser,,Schuckert. Nays —None. Absent — Councilman Yount. Invitation from Mayor A. E. Schus- ter of Dyersville, member of the Dyersville Commercial Club, to the Mayor and City Council of Dubuque, to attend a Community Festival to be held at the Dyersville Park Favil- lion, on the night of October 16- 17 -18, 1928. Councilman McEvoy moved that the invitation be accepted. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert. Nays —None. Absent — Councilman Yount. Petition of Dubuque Boys Welfare Association, for Permission to stretch a banner. across 9th Street, from the Chamber of Commerce Building to the Odd Fellows Build- ing, for the purpose of indicating headquarters for financial campaign in behalf of the Dubuque Boys Club. Signed by FRANK R. LACY, Sc'y. Councilman Meuser moved that the prayer of the petition be grant- ed. Seconded by Councilman Schuck- ert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert. Nays —None. Absent — Councilman Yount. Petition of Otto Frenzel stating that on September 29th, 1928, he re- ceived notice of a sewer assessment against Lot 2 of 6 of John King's Add., and East 327.98 ft. of Lot 8, John King's Add., amount of assess- ment $61.77 for each lot. Inasmuch as he has already paid two assess- ments for sewer against Lot 8, he feels that this assessment is an in- justice and contrary to the Statutes of the State of Iowa, which provides for one assessment only for sewer purposes, and hereby asks that the Council cancel the assessment against Lot 8. 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 McEvoy. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert. Nays —None. Absent — Councilman Yount. Mr. Frenzel addressed the Council relative to the petition, stating that Division Street which comes to a dead end at Lot 8 is the street in which this sewer was constructed. That the other sewers to which he could connect and for which he paid are located in Central Avenue and one on Broadway. The City Engi- neer explained that it would cost him more to connect with either of these sewers than the whole assessment amounts to, and that this Division Street sewer ends almost in front of his house. Councilman Schuckert moved that the petition be received and filed. Seconded by Councilman Carried by the following vot Yeas —Mayor Maclay, Cou McEvoy, Meuser, Schuckert. Nays —None. Absent — Councilman Youn Petition of Jos. A. Arm asking for an extension of make connections with sewer, stating that the sew are laid to his curb line, tha been out, of work, and tha extension is granted he will next spring. Councilman Schuckert mo the petition be referred to the City Manager. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert. Nays —None. Absent — Councilman Yount. Report of City Solicitor on petition of Jos. H. Morong, agent for Mary Atkins, owner of Lot 9, Yates & Picketts Sub. asking that the 1899 tax be cancelled. Mary Atkins is a widow of a Civil War veteran, and is entitled to tax exemption, as set forth in the abstract of title to the above named property, each year shows a cancellation under soldiers' exemption, and it is necessary to have the authorized cancellation of this tax to clear the title to this pro- perty. The City Solicitor recom- mends that the petition be referred to the City Treasurer. Councilman Schuckert moved that the petition be referred to the City Treasurer. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent — Councilman Yount. Imp. Form No. 1 Resolution Adopting and Approving Proposed Plans and Specifications and Proposed Form of Contracts for Sewer Improvements. Whereas, proposed plans, specifi- cations and form of contracts have been duly proposed for the construc- tion of the public improvements herein described, now therefore; Be it resolved by the City - Cowl i 1" I;. . ii L; 336 Special Session, October 12th, 1928 Finley Home Add., Ella B. Wimmer, owner, width of sidewalk 5 feet; Lot 2 of 2 of 2 of 2 of 1 of 7 of Min. Lot 159, George Acker Estate, own- er, width of sidewalk 5 feet; Lot 1 of 2of 2of 2of 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., owner, width of sidewalk 5 feet; Lot 1, High Street Sub., Ursula Domenig, 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; Be awarded to Thomas E. Byrne, contractor, and the Mayor and Man- ager be and they are hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. Be it further resolved that this resolution being deemed urgent and of immediate necessity become effec tive from and after its passage and adoption by the City Council. Approved and placed on file for one week for public inspection this 5th day of October, 1928. Passed and adopted this 12th day of October, 1928. JOHN H. MACLAY, Mayor. HENRY F. SCHUCKERT, WM. H. MEUSER, ED. McEVOY. Councilmen Attest: JOHN STUBER, City Clerk. Councilman Schuckert moved the adoption of the resolution. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert. Nays —None. Asent — Councilman Yount. Sidewalk contractor's bonds of Thos. E. Byrne and Albert V. Beck- er presented for approval. Being properly executed Council- man Meuser moved that the bonds be received and placed on file. Second- ed by Councilman Schuckert. Car- ried by the following vote: Yeas —Mayor Macl'ay, Councilmen McEvoy, Meuser, Schuckert. Nays —None. Absent — Councilman Yount. Communication from the United States Fidelity and Guaranty Co. Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: We hereby give our consent to the extension of time of 30 days from October 4th, 1928, as granted by the City Council to Anton Zwack, Inc., for the completion of the storm sewer in Dodge Street in said City of Dubuque under contract dated August 11th, 1928. U. S. FIDELITY & GUARANTY CO. R. P. Wellman, Atty. in Fact. Councilman McEvoy moved that the communication be received and filed with the original contract. Sec- onded by Councilman Meuser. Car- ried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert. Nays —None. Absent — Councilman Yount. An ordinance establishing a grade on Avoca Street, being profile No. 1209, presented and read. Councilman Schuckert moved that this be considered the first reading of the ordinance. Seconded by Coun- cilman Meuser. Carried by the fol- lowing vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert. Nays —None. Absent — Councilman Yount. Councilman Schuckert moved that the rules requiring an ordinance to be read on three separate days be suspended. Secondd by Councilmon Muser. Carried by the following 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. Communication from the State De- partment of Health, relative to water and sewerage problems, presented and read. Councilman McEvoy moved that the communication be referred to the City Manager. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert. Nays —None. Communication from the Engineer- ing Extension Service, Iowa State College, Ames, Iowa, relative to Short Course for Fire Fighters, pre- sented and read. Councilman Schuckert moved that the communication be received and filed. Seconded by Councilman Meu- ser. Carried by the following vote: 338 Special Session, October 12th, 1928 of the City of Dubuque that the pro- posed •plans, specifications and form of contracts heretofore prepared be and the same are hereby approved for the construction of the follow- ing improvements, to wit: A six inch tile sanitary sewer in Nowata Street from a point about one hundred thirty feet north of Jul- ien Avenue to West 14th Street and a six inch tile sanitary sewer in West 14th Street from the manhole in Adair Street two hundred and fifty feet easterly and an eight inch tile sanitary sewer in Adair Street from West 14th Street to Rosedale Avenue, estimated cost $6,629.15. An eight inch tile sanitary sewer in Oak Street from the manhole in Burns Street about two hundred and eigh- ty -six feet east thence in Burns Street from the manhole in Burns and Oak Streets northerly three hundred and twenty -two feet thence an eight inch sanitary sewer and a fifteen inch storm sewer in Burns Street easterly two hundred and six- ty -two feet to manhole in Dodge Street, estimated cost $2,583.00. An eight inch tile sanitary sewer in Green Street from a point about one hundred feet east of St. Am- brose Street to the end of said street thence over and across Lots 19, 20 and 21 Mill's West Dubuque Add and Lot A of 1 of 1 of Min. Lot 179 lying South of Rosedale Avenue to the present manhole in Rosedale Avenue and in Avoca Street from the manhole in Green Street south about three hundred and thirteen feet and north from manhole in Green Street about two hundred and eight feet, estimated cost $4,231.84. Be it further resolved that on the 5th day of November, 1928, a pub- lic hearing will be held at 5 o'clock P. M. in the Council Chambers of the City of Dubuque, for the purpose of hearing objections which may be filed by any interested person to the proposed plans or specifications or form of contracts for, or cost of any such improvement and the City Clerk be and he is hereby di- rected to cause a notice of the time and place of such hearing to be pub- lished in the official newspaper of the City of Dubuque, at which hear- ing the Council will hear such ob- jections and enter on record its final decision thereon. Be it further resolved that the proposed plans, specifications and form of contracts be preserved on file in the office of the Clerk for public inspection. Passed, adopted and approved this 12th day of October, 1928. JOHN H. MACLAY, Mayor. ED. McEVOY, WM. H. MEUSER, H. 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. Imp. Form No. 2. Resolution No. 1928. Resolution of Necessity for Con- structing of Sewers. Whereas, a plat and schedule has been duly prepared by the City Council of the City of Dubuque and now oh file in the office of the Clerk thereof, showing the boundaries of the district, the streets and alleys and other places along which the sewers are to be constructed, the terminal points of the same, each lot proposed to be assessed there- for, an estimate of the cost of the same for such different type of con- struction and the kind of materials to be used in each, the amount there- of which it is estimated will be as- sessed against each lot. Be it therefore, resolved by the City Council of said City, on its own motion: That it is deemed neces- sary and advisable to construct, lay and put in place a six inch tile san- itary sewer in Nowata Street from a point about one hundred and thir- ty feet north of Julien Avenue to West 14th Street and a six inch tile sanitary sewer in West 14th Street from the manhole in Adair Street two hundred and fifty feet easterly and an eight inch tile sanitary sew- er in Adair Sti from West 14th Street to Rosedale Avenue; an eight inch tile sanitary sewer in Oak Street from the manhole in Burns Street about two hundred and eighty - six feet east, thence in Burns Street from the manhole in Burns and Oak Street northerly three hundred and twenty -two feet, thence an eight inch sanitary sewer and a fifteen inch storm sewer in Burns Street easter- ly two hundred and sixty -two feet to manhole in Dodge Street; an eight inch tile sanitary sewer in Green Street from a point about one hundred feet east of St. Ambrose Street to the end of said street, thence over and across Lot 19, 20 and 21 Mill's West Dubuque Add., and Lot A of 1 of 1 of Min. Lot 179 lying south of Rosedale Avenue to the present manhole in Rosedale Avenue and in Avoca Street from the manhole in Green Street south about three hundred and thirteen feet and north from manhole in Special Session, October 12th, 1928 339 Green Street about two hundred and eight feet. Said sewers shall be provided with manholes and any other appurtenances that may be necessary. Said sewers shall be con- structed in accordance with the plans and specifications prepared by the City Engineer, having been duly approved by the City Council and Manager and State Board of Health and now on file in the office of the City Clerk. That the cost and ex- pense of making and constructing said sewers shall be assessed against the privately owned proper- ty abutting thereon not to exceed the amount provided by law and upon such adjacent property as might be benefited thereby and in proportion to such benefits, and any deficiency shall be paid out of the general fund or sewer fund, or ly from each of said funds and bonds shall be issued and sold in anticipation of deferred payment of assessments and the proceeds there- of used to pay the contractor. Be it further resolved that the above and foregoing sewers are here- by proposed to be constructed as hereh before set forth, and that this proposed resolution, except this paragraph, be and the same is here- by set down for further and final hearing, consideration and determin- ation, at a meeting of this Council to be held on the 5th day of No- vember, 1928, at 5 o'clock P. M. in the Council Chamber of the City Hall of this City, and the City Clerk be and he is hereby instructed to cause notice of the pendency of the above resolution, and the time and place, when and where said proposed resolution will be considered for passage, to be given by publication in the official newspers of said City, in the manner and for the time pre- scribed by law, at which time the owners of property subject to as- sessment for said proposed sewers may appear and make objection to the boundaries of the proposed dis- trict, if any, to the cost of the pro- posed sewers, to the amount pro- posed to be assessed against any lot, and to the passage of the pro- posed resolution, and unless proper- ty owners at the time of the final consideration of said resolution have on file with the Clerk objections to the amount of the proposed assess- ments, they shall be deemed to have waived all objections thereto. The above resolution was ap- proved and ordered placed on file for final action and notice of its pendency ordered given this 12th day of October, 1928. Councilman Schuckert moved that the resolution be approved and placed on file for final action and adoption. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent — Councilman Yount. Petition of John A. Peters, asking that the tax for the current year, on lots 95, 96, 97 and 98 Finley Add. be cancelled. This was referred to the City Solicitor at a previous meet- ing. The City Solicitor reports that the Petitioner asks exemption more on the ground of unemployment than infirmity, and recommends that the petition be received and filed. Councilman Schuckert moved that the petition be received and filed, and the Board of Supervisors be notified of the Council's action. Sec- onded by Councilman Meuser. Car- ried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent — Councilman Yount. The matter of making connections with the A. Heeb sanitary sewer in Rock Street, was again taken up. Mr. Heeb offers to relinquish all claim on this sewer in favor of the City for $200.00. Councilman Schuckert moved that this matter be referred to the City Manager with power. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent — Councilman Yount. Councilman McEvoy moved that the City Manager be instructed to confer with the Manager of the In- terstate Power Co., and ask that two men be placed on the cars running on the Dodge Street car line. Sec - onded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser and Schuckert. Nays —None. Absent— Councilman Yount. There being no further business, Council adjourned. JOHN STUBER, City Clerk. Adopted 1928. Approved .1928. Councilmen Attest: ....___._.._. _.._......_.__.._.._ City Clerk. 340 Special Session, October 18th, 1928 CITY COUNCIL (Official.) Special Session, Oct. 18th, 1928. Meeting called by order of Mayor Maclay and Councilman Schuckert. Council met at 5:00 o'clock, P. M. Present —Mayor Maclay, Council- men Schuckert and Yount. Absent — Councilmen McEvoy and 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 appointing Judges and Clerks of Election for the special City Election to be held November 6th, 1928, and acting on any other business that may come before the meeting. Sign bonds of Curtis & Co. and Royal Lunch Restaurant, also re- newal of Heating Contractors Bonds of Eisbach Bros., and of C. C. Just- man, presented for approval. Being properly executed Council- man Schuckert moved that they be received and placed on file. Second- ed by Councilman Yount. Carried by the following vote: Yeas —Mayor Maclay, Councilmen Schuckert and Yount. Nays —None. Absent — Councilmen McEvoy and Meuser. Communication from the Board of Education, giving consent to the use of various schools in the City for registration and election purposes, presented and read. Councilman Schuckert moved that the communication be received and filed. Seconded by Councilman Yount. Carried by the following vote: Yeas —Mayor Maclay, Councilmen Schuckert and Yount. Nays —None. Absent — Councilmen McEvoy and Meuser. Bill of Ray Powers, showing the cost of a private sewer constructed by him by consent of the Council, in Quince Street. Cost of the sewer: 60 feet of 6 inch tile pipe, 1 sack cement, 1 manhole, ring, cover, street permit, 2 laborers 20 hours time each, plumbers 3 hours; total cost .$75.50. Councilman Schuckert moved that the bill be referred to the City So- licitor to draft agreement for con- nections to others wishing to con- nect with same. Seconded by Coun- cilman Yount. Carried by the fol- lowing vote: Yeas —Mayor Maclay, Councilmen Schuckert and Yount. Nays —None. Absent — Councilmen McEvoy and Meuser. October 17, 1928. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise you that I have this day issued cigarette permit No. 22 to Mrs.. John Savage, 815 West 5th Street, to conduct the sale of cigarettes. This permit is issued to expire June 30th, 1930. This letter is accompanied by bond executed by the Southern Sure- ty Company, which is given you for your approval. Yours very truly, ALLAN E. SIGMAN, Secy. to City Manager. Councilman Schuckert moved that the bond be received and placed on file and the permit be granted. Sec- onded by Councilman Yount. Car- ried by the following vote: Yeas —Mayor Maclay, Councilmen Schuckert and Yount. Nays —None. Absent — Councilmen McEvoy and Meuser. Communication from Major C. L. Hall, corps of engineers, district en- gineer, in regard to the installation of an intake to be installed by the Interstate Power Company in Lake Peosta Slough was refererd to the City Manager and City Solicitor. Councilman Schuckert moved that the communication be referred to the City Manager and City Solicitor. Seconded by Councilman Yount. Car- ried by the following vote: Yeas —Mayor Maclay, Councilmen Schuckert and Yount. Nays —None. Absent— Councilmen McEvoy and Meuser. Report of the City Treasurer on the petition of Jos. H. Morong, agent for Mary Atkins, relative to cancel- lation of 1899 tax on lot 9 Yates and Picketts Sub. He quotes the ac- tion of the City Council of March 17, 1904, as follows: Your commit- tee on delinquent taxes, to whom was referred the petition of Mrs. Mary Atkins, asking that the back taxes on lot 9 Yates and Picketts Sub. be ordered cancelled, begs to report that as said petitioner is the widow of an honorable discharged soldier of the war of the rebellion and therefore entitled to exemption under the law, we would recom- mend that her petition be granted and that the Treasurer be instruct- ed accordingly. Councilman Schuckert moved that the prayer of the petition be granted and the .Treasurer be so instructed. Seconded by Councilman Yount. Car- ried by the, following vote: Yeas —Mayor Maclay, Councilmen Schuckert and Yount. Nays —None. Absent — Councilmen McEvoy and Meuser. An ordinance changing the grade on the alley 1st east of Center Street, from Julien Avenue to Rose Street, presented and read, being profile 1211. Councilman Schuckert moved that this be considered the first reading of the ordinance. Seconded by Councilman Yount. Carried by the following vote: Yeas —Mayor Maclay, Councilmen Schuckert and Yount. Nays —None. Absent— Councilmen McEvoy and Meuser. Special Session, October 18th, 1928 October 18, 1928. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: In order that our En- gineering Department may prepare the necessary plans and specifica- tions for our 1929 improvement pro- gram and so that the Water Depart - men and Gas Company can plan their purchase of materials for the extension of mains for 1929, I am submitting the following streets which I am recommending for pave- ment during the year 1929. Dodge Street from the easterly line of Grandview Ave. to the west- erly line of Bryant. Dodge Street between the above mentioned lim- its is 50 feet between curbs and it is my recommendation that the street be paved with a central park- ing 10 feet in width similar to the improvement of Grandview Ave., the improvement to include the installa- tion of necessary light cable and the installation of central post lights. This street is one of the most trav- eled streets in our city and is be- coming very rough and in need of costly maintenance if same is not paved. I also recommend that Dodge Street from the east line of South Locust Street to the railroad tracks just east of Main Street be paved to a width of 40 feet between curbs. It is my opinion that when this street is paved that the water trouble that we are having at the present time at the intersection of South Locust Street and Dodge Street will be eliminated and said street will receive a large amount of the traffic coming from the hill and entering our business district. The central 18 feet of South Lo- cust Street from Railroad Street to end of the pavement just north of Charter Street has been paved by the State Highway Commission and in order that this street may receive its full usage, it will be necessary 341 for the city to pave a strip approxi- mately 10 feet on each side of the central paving strip in order to fully pave the street to the curbs and take care of the drainage in a pro- per manner and for that reason I am recommending that this improve- ment be made by 1929. At the present time there is no paved street north of 24th Street connecting Windsor Ave. and Jack- son Street and in order to expedite traffic in this district I wish to rec- ommend that East 29th Street be paved full width from the northerly and easterly line of Jackson Street to the northerly and easterly line of Pinard Street and from the norther- ly and easterly line of Pinard Street to a connection, with Lawther Street and Lawther Street from its connec- tion with East 29th Street to the southerly and westerly line of Bur- den Ave. be paved to a width of 24 feet and that the necessary con- crete curbs be included in the im- provement. At your meeting held July 23rd a petition signed by 49 property own- ers in the Linwood district request- ing that Davis Street and Sheridan Place be improved in order to facil- itate the bus operations in this dis- tract was referred to me for report and I now wish to recommend that the south one- half_of Davis Ave. be paved to a width of 20 feet, includ- ing concrete curbs, from the west- erly line of Burden Street to the westerly line of Windsor Ave. and that Burden Street be paved from the southerly line of O'Neill Street to the southerly line of Davis Ave. which will make a very desirable loop for bus operations. In order that the Jefferson High School may be more accessible and to connect up the paved streets now running to the hill on which Jeffer- son High School stands, I wish to recommend that Stafford Street be paved full width between curbs from the northely and westerly line of Garfield Ave. to the southerly line of Linwood Cemetery. We had St. Marys Street from the south line of Third Street to the north line of Emmett Street and Emmett Street from St. Mary's Street to Bluff Street on our 1928 program of paving, but at the re- quest of the property owners af- fected, it was decided to delay the improvement until 1929 and in order to safeguard the city against a con- siderable expense for a retaining wall on St. Mary's Street and in or- der to relieve the parking conjestion around the Cathedral, I am recom- mending that both streets be placed on our 1929 program for pavement. It is not my idea to include all of 342 Special Session, October 18th, 1928 Special Session, October 22nd, 1928 343 the desired improvements in this re- port for the year 1929, but in order to give our Engineering Department an opportunity to prepare some of the plans for the coming year, I am recommending that the above im- provements be authorized and I sin- cerely trust that the Council will support this program as all of the streets included are very necessary for proper circulation of traffic with- in our city. Very respectfully submitted, O. A. KRATZ, City Manager. Councilman Schuckert moved that the report be referred to the Coun- cil. Seconded by Councilman Yount. Carried by the following vote: Yeas —Mayor Maclay, Councilmen Schuckert and Yount. Nays —None. Absent — Councilmen McEvoy and Meuser. The following lift of judges and clerks of election selected by the Board of Supervisors were also ap- pointed by the Council to serve at the city election to be held on Nov. 6th, 1928. 1st Precinct— Judges, Elmer Heil, J. J. Burke, Albert Dax; clerks, Clara Collinson, Mrs. Harry Clancy. 2nd Precinct— Judges, Walter M. Brown, Frank McCarthy, Fred Schroeder; clerks, Edna Hoeiner, Nellie Downs. 3rd Precinct— Judges, Louis Kam - mueller, Ed. F. Connolly, John Lange; clerks, Mrs. Pearl Hoeiner, Marrietta Dugan. 4th Precinct — Judge s, Wm. Kretschmer, Geo. Miller, Frank Hughes; clerks, Mrs. Mae Hedley, Mrs. Mayme Bieri. 5th Precinct — Judges, Mrs. Wm. Fox, Walter Madden, Tom Langton; clerks, Mrs. O. J. Stirratt, Mrs. Sar- ah Shea. 6th Precinct — Judges, Geo. McDon- ough, Ed. Lewis, W. J. Hocking; clerks, Mrs. Roscoe Thomas, Marie Hickson. 7th Precinct— Judges, Chas. Pier, Carl Klauer, Levi McManus; clerks, Mrs. Carrie Otto, Miss Pearl Lenz. 8th Precinct — Judges, Ralph Coates, Hugh Callahan, Jennie I. Starr; clerks, Nettie Lyon, Jane Jess. 9th Precinct— Judges, Wm. Sin - grin, Harry Gordon, John Schafers; clerks, Edna Widdowson, Martha Peryon. 10th Precinct — Judges, Walter Day - kin, Henry Gniffke, James F. Lee; clerks, Hattie Donatsch, Mae Loner - gan. llth Precinct — Judges, Frank Kurt, J. K. Kaufman, Wm. Zwack; clerks, Carrie Saunders, Helen Vog- enthaler. 12th Precinct— Judges, Wm. Zum- hoff, Carl Ihrke, Frank Brant; clerks; Mrs. Blanche Heitzman, Isa- belle Galvin. 13th Precinct— Judges, Martin Rie- di, Wm. Fenelon, Jos. Bertsch; clerks, Ethel Norberg, Cleopus El- liot. 14th Precinct — Judges, Herman Jansen, Mary Meehan, Peter Eis- bach; clerks, Mrs. Dorothea Bauer, Mrs. Cora Wiegand. 15th Precinct — Judges, Harry Ben - zer, Wm. Roschi, W. A. McIntosh; clerks, Mrs. Alice Beutin, Mrs. Al- lie Richter. Councilman Schuckert moved that the above named judges and clerks appointed by the Dubuque County Board of Supervisors for the General Election to be held November 6th, 1928, be also appointed to act as such for the Special City Election to be held on the same day. Sec- onded by Councilman Yount. Car- ried by the following vote: Yeas —Mayor Maclay, Councilmen Schuckert and Yount. Nays —None. Absent — Councilmen McEvoy and Meuser. The following clerks of election were appointed by the City Council in addition to the above named judges and clerks to assit at the above named elections, to -wit: 1st Precinct, Mrs. E. Dolan; 2nd Precinct, Mrs. Nellie Loetscher; 3rd Precinct, Win. Halpin; 4th Precinct, ; 5th Precinct, 6th Precinct, Mrs. Carl F. Stotz; 7th Precinct, Miss Mayme Pickley; 8th Precinct, Fred Clark; 9th Pre- cinct, Mrs. Mary Butler; 10th Pre- cinct, Katherine Teal; 11th Precinct, Leo Tschudi; 12th Precinct, Lester Demkier; 13th Precinct, Mary Hense; 14th Precinct 15th Precinct, Jos. Richter. Councilman Schuckert moved that the persons above named be appoint- ed as clerks of election to assist at the election to be held November Gth, 1928. Seconded by Councilman Yount. Carried by the following vote: Yeas —Mayor Maclay, Councilmen Schuckert and Yount. Nays —None. Absent — Councilmen McEvoy and Meuser. There being no further business, Council adjourned. JOHN STUBER, City Clerk. Approved 1928. Adopted 1928. Councilmen Attest: City Clerk. CITY COUNCIL (Official.) Special Session Oct. 22nd, 1928. Meeting called by order of Mayor Maclay and Councilman Schuckert. Council met at 5:00 P. M. Present — City Manager Kratz, Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert and 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 appoint- ing clerks of election for the special election to be held November 6th, 1928, and acting on any other busi- ness that may come before the meet- ing. Councilman Meuser moved that the action of the Council of the meeting of October 18th, appointing judges and clerks of election for the special city election to he held November 6th, 1928, be rescinded. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Councilman Meuser moved that the judges appointed by the Board of Supervisors, for the general elec- tion be also appointed by the City Council to act as such at the special city election to be held on the same day, (November 6th, 1928), and the following persons be appoint- ed to act as clerks of election, for the special election of the City of Dubuque, to be held on said date, to -wit. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Clerks of special election: 1st Precinct —Mrs. Fred Schriener, Mrs. E. Ryan. 2nd Precinct —Mrs. Nellie Loetsch- er, Mrs. W. J. Kinsella. 3rd Precinct —Wm. Halpin, Mrs. Elmer Barr. 4th Precinct —Mrs. J. A. Hunt, Mrs Mayme Shearn. 5th Precinct—John Ris, Mrs. Frank Lynch. 6th Precinct —Mrs. Carl F. Stotz, Gertrude Walsh. 7th Precinct —Miss Mayme Pick - ley, Frank Cole. 8th Precinct —Fred Clark, Mrs. Kate Glenn. 9th Precinct —Mrs. Mary Butler, Mrs. H. A. Nelson. 10th Precinct — Katherine Teal, Marie Strueber. llth Precinct— Angeline Rubesky, Peter Grode. 344 Special Session, October 22nd, 1928 12th Precinct —C. K. Mathis, Cath- erine Berringer. 13th Precinct —Mary Hense, Mrs. Nell La Priel. 14th Precinct —Theo. Scharle, Wm. Kruse. 15th Precinct —Jos. Richter, Chas. F. Arendt. 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 Yount. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Oliver Bishop addressed the Coun- cil relative to the paving of streets in the district to be served by the bus line, in the vicinity of Davis Avenue. He was informed that this matter will be properly taken care of. No further action taken. Petition of the Dubuque Poultry Association, asking for the use of the Armory for their, annual poultry show during the week of Dec. 2nd, 1928, presented and read. Councilman McEvoy 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. Grant and Easement Know all men by these presents: That in consideration of the sum of $1.00 in hand, paid by the City of Dubuque, Iowa, a municipal corpor- ation, the receipt whereof is hereby - acknowledged, the undersigned be- ing owner of lots No. 96, 96A, Finley, Waples and Burton's Addition in the City of Dubuque, hereby grants and conveys to said City of Dubuque a perpetual right of easement in, over and across said lots No. 96, 96A Fin- ley, Waples and Burton's Addition along division line between said lots for the purpose of installing and maintaining therein, storm water sewer, with the right to go upon said premises at all reasonable times for the purpose of inspecting and re- pairing the same when installed; provided, however, that said City of Dubuque shall replace whatever earth, sod, shrubbery that may be disturbed in the installation or re- pair of said storm water sewer to as good condition as it was in before the same was disturbed. This grant of easement shall be binding upon the undersigned, his heirs, executors, administrators, pur- chasers and assigns forever. WM. JOHN GIBSON, MAMIE GIBSON. State of Iowa ) ) ss. Dubuque County) Be it remembered that on this 19th day of October, 1928, person- ally appeared before me, a Notary Public in and for Dubuque County, Iowa, William J. Gibson and Mamie Gibson, who are personally known to me and acknowledge that they executed the foregoing instrument as their voluntary act and deed. A. E. SIGMAN, Notary Public in and for Dubuque County, Iowa. Councilman Schuckert moved that the Grant and Easement be ap- proved, recorded and placed on file for record. Seconded by Council- man Meuser. Carried by the fol- lowing vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. An Ordinance AN ORDINANCE ESTABLISHING A GRADE ON AVOCA STREET FROM THE SOUTH PROPERTY LINE OF GREEN STREET TO THE NORTH CURB LINE OF CHERRY STREET. Be it ordained by the City Council of the City of Dubuque: Section 1. That a grade on Avoca Street from the south property line of Green Street to the north curb line of Cherry Street be and the same is hereby established and ad- opted as shown by the profile of said grade prepared by the City Engin- eer, being Profile No. 1209. B. M. east corner, southeast stone curb re- turn corner Asbury Street and Green Street elevation 283,23. Said grade begins at the south property line of Green St. which is Station 1+00 ele- vation east and west curb 240.2; thence to Station 2 +85 east and west curb elevation 256.0; thence to Station 4+48 north curb line Cherry Street east and west curb elevation 254.5 :. Section 2. This ordinance shall be in force and take effect 10 days after its final passage by the City Council and its publication as re- quired by law. Passed first reading Oct. 12, 1928. Passed second reading Oct. 12, 1928. Pasesd, approved and adopted! Oct. 22„ 1928. JOHN H. MACLAY, Mayor. ED. McEVOY, WM. H. MEUSER, H. F. SCHUCKERT, EARL YOUNT, Councilmen. 4h Special Session, October 22nd, Attest: JOHN STUBER, City Clerk. The ordinance having passed up- on 1st and 2nd reading, presented and read a third time. Councilman Schuckert moved the adoption of the Ordinance. Second- ed by Councilman Meuser. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. An Ordinance -.01 AN ORDINANCE CHANGI G THE GRADE OF THE ALLEY FIRST EAST OF CENTER PLACE FROM THE NORTH PROPERTY LINE OF JULIEN AVENUE TO THE SOUTH PROPERTY LINE OF ROSE STREET, BETWEEN STA. 0 +00 AND STA. 2+00. Be it ordained by the City Coun- cil of the City of Dubuque: Section 1. That the grade hereto- fore established by the City Codi- cil on the alley first east of Center Place from the north property line of Julien Avenue to the south pro- perty line of Rose Street, be, and the same is hereby changed be- tween Sta. 0 +00 and Sta. 2+00 and established as shown by the profile of said Street and grade prepared by the City Engineer, being Profile No. 1211, B. M. + on stone wall northeast corner Wilson Street and Julien Avenue. Elevation 243.00. Said grade begins at north proper- ty line of Julien Avenue, which is Station 0+00, elevation 252.66, no change, thence to Station 0+67, ele- vation 259.03, no change, thence to Station 1+17, new elevation 264.29, thence to Station 1+35, elevation 265.5, no change, thence to Station 2+00, elevation 271.68. Sec. 2. This ordinance shall be in force and effect ten days after its final adoption by the City Council and its publication in the official newspapers of the City. Passed upon 1st reading Oct. 18, 1928. Passed upon 2nd reading Oct. 22, 1928. Passed and adopted Oct. 22, 1928. JOHN H. MACLAY, Mayor. ED. McEVOY, WM. H. MEUSER, H. F. SCHUCKERT, EARL YOUNT. Councilmen. Attest: JOHN STUBER, City Clerk. The ordinance having passed upon 1st reading Oct. 18th was presented and read a second time. Councilman Schuckert moved tbat this be considered the second read- ing of the ordinance. Seconded by 1928 345 Councilman Yount. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Councilman Schuckert moved that the rules requiring an ordinance to be read on three separate days be suspended. Seconded by Councilman Yount. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. The ordinance was then read a third time. Councilman Schuckert moved the adoption of the ordinance. Second- ed by Councilman Yount. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Petition of Chas. Pape & Son, ask- ing permission to excavate in East 15th Street, from Elm Street to the railroad tracks, for the purpose of making sewer and water connections to the office of the Deckert Coal Company. Councilman Schuckert moved that the petition be referred to the City Manager with power. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Recommendation of the City So- licitor on the following petition: To the Honorable Mayor, City Man- ager, and City Council of the City of Dubuque, Iowa. Gentlemen: The undersigned here- by states that heretofore it became the owner in fee simple of lots 2, 3, 4, 5, 6 and 7 of the subdivision of lot 4 of the subdivision of Mineral lot 144 in the City of Dubuque, Iowa, according to the recorded plat there- of, and subsequently sold the same, it being incumbent upon petitioner to transfer merchantable title to said premises. That after the sale referred to, a cloud upon the title to said premises was placed thereon by the City of Dubuque in the following manner, which should be removed by your Honorable Body. It appears that a sidewalk tax was levied January 15th, 1924, and assessed to A. L. Rhomberg, lot 4 of Mineral lot 144 City of Dubuque, in the sum of $312.91, but the same was not certified to the County Aud- itor until October 27th, 1927. It is the contention of the peti- tioner that, under the circumstances, this special assessment is not a lien upon the property, and that the re- cent tax sale to the City of Dubuque 346 Special Session, October 22nd, 1928 by reason of said assessment is il- legal and without authority in law. When the levy was made in 1924 it was then incumbent upon the proper officials to certify the same to the County Auditor, as the sale provi- sions in relation thereto are manda- tory as specially provided. No prior tax sale was attempted by the City. there was nothing of record to give legal notice to the undersigned with reference to said assessment, the tax was not certified as provided by law, and the County Treasurer did not and could not bring forward on his books each year following the levy the special assessment re- ferred to, particularly in view of the failure to certify same to him. Our Supreme Court has held that these various laws with respect to certification, delinquency, carrying forward, and the like apply to spe- cial assessments. In view if the foregoing, your pe- titioner respectfully requests your honorable body to cancel of record any claim for said special assess- ment, to cancel the tax sale referred to, and, thus wipe out the apparent cloud against the premises, which as above stated, is not and never has been a lien thereon. Respectfully submitted, FEDERAL BANK AND TRUST COMPANY. By John Rider Wallis, Vice Pres. and Cashier. The City Solicitor recommends that inasmuch as the County Treas- urer refused to put this assessment on the assessment book, the city has no recourse, and that he had sue- ceeded in compromising a settle- ment for $137.50 and recommends that the City accept this amount in ND of settlement of this assess- ment. Councilman Meuser moved that the recommendation of the City So- licitor be approved and the Treasur- er be instructed to accept $137.50 in full of settlement of this assessment and upon receipt of same cancel the tax sale certificate. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. The City Solicitor reported on the Asbury Street paving matter, on which Uhlrich and Paley had signed an agreement with the City of Du- buque, to pay the assessments, pro- viding some of the abutting property owners who objected to the improve- ment and had taken it into the court, would win the case. Whereas, Uhlrich and Paley have already paid approximately $3,000 on this improvement, he recommends that the City assume the balance of any deficiencies which exist or may arose by decree of court or reduc- tion by the Council. Councilman McEvoy moved that the recommendation of the City So- licitor be approved and the City and County Treasurers be instructed ac- cordingly. 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. JOHN STUBER, City Clerk. Approved 1928. Adopted 1928. Councilmen Attest: City Clerk. Special Session, October 22nd, 1928 BOARD OF HEALTH Special Session, Oct. 22nd, 1928. Board met at 6:30 P. M. Present —Mayor Maclay in the chair, Councilman McEvoy,' Meuser, Schuckert and Yount. Return of Service notice served and sworn to by the Sanitary officer, Jos. Scharry, on the following per- sons ordering them to connect with sanitary sewer, to -wit: Elmer Vance, Henry Schaan, John Fitzpatrick, An- na Kelly, Mackenzie Estate, Wm. Redman, Mettel Land & Security Co., Chas. Entringer, Benjamin Scheffert, Raymond Haverland, Otil- da Egelhof, Telser Bros., Michael C. Wild, James Dougherty, Mrs. Han- del, Wm. Fenton, Theo. D. Kemps, John T. Pollock, H. C. Kenline, Law- rence Schilhavey, Geo. Armbuster, Rose Albinger, Wendolin Winter, Jo- sephine Bruna, Esther MacFarlane. Councilman Meuser moved that the notices be received and filed. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. Special Order and Notice from Board of Health To Joseph Friedrich, 26 Locust St., 2175 Washington St. You are hereby notified that on the 22nd day of October, 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 within Thirty (30) days from the date of said resolution, a copy of which is herein set out and is as follows: Resolution of the Board of Health Be it resolved by the Board of Health of the City of Dubuque, Iowa, that it is deemed necessary that Lot Number west of south 1 /3 of City Lot 556, owned by Joseph Friedrich, 26 Locust Street, be connected with sanitary sewer; that the outside wa- ter closet, privy or privy vault upon said premises be abandoned and re- moved and said vault cleaned and that a sanitary toilet and toilet facil- ities be installed and connections made with the sanitary sewer. Be it further resolved that said Joseph Friedrich be notified to re- move and abandon the outside water closet, privy or privy vault located upon the premises above described and to clean said vault; that said property be connected with the san- itary sewer and that sanitary toilet and toilet facilities be installed and connections made with said sewer, all of which to be done within Thir- ty (30) days from the date hereof. Be it further resolved that said Joseph Friedrich 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 22nd day of October, 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. CONNELLL, Health Officer. Councilman Schuckert moved the adoption of the resolution. Second- ed by Councilman Yount. Carried by the following vote: Yeas —Mayor Maclay, Councilmen McEvoy, Meuser, Schuckert, Yount. Nays —None. There being no further business, the Board adjourned. JOHN STUBER, Clerk, Board of Health. Adopted 1928. Approved 1928. Bd. of Health I. Attest: 347 Clerk, Board of Health. 348 Special Session, October 30th, 1928 CITY COUNCIL (Official) Special Session, Oct. 301i, 1928. Meeting called by order of Mayor Maclay and Councilman Schuckert. Council met at 5:00 o'clock P. M. Present — City Manager Kratz, Mayor Maclay, Councilmen Meuser, and Schuckert. Absent — Councilmen McEvoy and Yount. Mayor Maclay read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of levying a special assessment for the improve- ment of Johnson Street from the west property line of Garfield Aven- ue to the east property line of East 22nd Street, authorizing the issuance of bonds to provide for the payment of same, conduct a hearing on the issuance of bonds, and acting on any other business that may come be- fore the meeting. Notice of publication certified to by the publisher, of the City Coun- cil's intention to levy a special as- sessment as provided by law, to pay for the paving, the making of under- ground connections, for the repair and construction of sidewalks, drains and driveways in and along Johnson Street from the west property line of Garfield Avenue to the east pro- perty line of East 22nd Street, ex- cept where already paved. Councilman Meuser moved that the notice be received and filed. Sec- onded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen Meuser and Schuckert. Nays —None. Absent— Councilmen McEvoy and Yount. Notice of publication certified to by the publisher of the City Coun- cil's intention to issue bonds in the sum of $7,491.90 for the purpose of paying the cost of the improvement of Johnson Street from the west pro- perty line of Garfield Avenue to the East property line of East 22nd Street, except where already paved. Councilman Meuser moved that the notice be received and filed. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen Meuser and Schuckert. Nays —None. Absent— Councilmen McEvoy and Yount. A remonstrance filed by the Real- ty Investors Corporation against the assessment as levied against lots 21 and 22 High Street Sub., for the im- provement of Johnson Street, in the sum of $195.05 against lot 22 and $97.34 against lot 21; also against the assessment for down spout drain in the sum of $18.69 and driveway in the sum of $18.02; also asks that he be allowed $20.00 for expense incurred for repairing sidewalk. Councilman Schuckert moved that the remonstrance be referred to the City Solicitor, and action of levying assessment for the improvement of said Johnson Street be deferred to meeting of Nov. 5th, 1928, pending the report of the City Solicitor. Sec- onded by Councilman Meuser. Car- ried by the following vote: • Yeas —Mayor Maclay, Councilmen Meuser and Schuckert. Nays —None. Absent — Councilmen McEvoy and Yount. Petition of Peter H. McCarthy ob- jecting to the extending of an intake by the Interstate Power Company in Lake Peosta, presented and read. 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 Meuser and Schuckert. Nays —None. Absent — Councilmen McEvoy and Yount. Peter McCarthy addressed the Council relative to the petition, stat- ing that he owned property adjoin- ing said lake and that this would be detrimental to his property. Councilman Meuser moved that the petition be referred to the City Solicitor for legal opinion. Second- ed by Councilman Schuckert. Car- ried by the following vote: Yeas —Mayor Maclay, Councilmen Meuser and Schuckert. Nays —None. Absent— Councilmen McEvoy and Yount. Bonds of Christ Eisbach and Or- val Wimber, sidewalk contractors, and sign bond of Charles Karn, pre- sented for approval. Being properly executed, Council- man Schuckert moved that the bonds be received and placed on file. Sec- onded by Councilman Meuser. Car- ried by the following vote: Yeas — Mayor Maclay, Councilmen Meuser and Schuckert. Nays —None. Absent— Councilmen McEvoy and Yount. Petition for Change of Grade and Waiver To the Honorable Mayor and Coun- cil of the City of Dubuque. Gentlemen: The undersigned, be- ing the owners of all the property to be affected by the change of grade herein requested, hereby petition your Honorable Body to change the grade of the alley first east of Cent- er Street, being the alley lying be- tween Center Street and Wilson Street and running from Julien Avenue northerly to Rose Street, such change of grade to commence at a point 67 feet north of the north- erly line of Julien Avenue and end- ing at a point 135 feet north of the north line of Julien Avenue. We request that such change of grade be so made that there will be a grad- ual elevation above the established grade commencing at a point 67 feet north of the north line of Julien Avenue and ending at a point 117 feet north of the north line of Julien Avenue at which point the elevation will be six inches above the present established grade, and from that point northerly there shall be a grad- ual slope of the grade so that the same will meet the established grade at a point 135 feet north of the north line of Julien Avenue. In consideration of the granting of the prayer of this petition and in making the change of grade hereby requested the undersigned agree to waive any claim for damages result- ing to our respective properties and the improvements thereon due to such change in grade and further waive any objections which any of us might have to the payment of our respective assessments for pub- lic improvements to be made upon and along said alley on .account of the change of grade herein requested and due to the fact that such im- provements are not constructed ac- cording to the grade previously es- tablished. Respectfully submitted, ARTHUR S. MELCHIOR, MRS. BELLE LAWRENCE, MRS. JAMES McFADDEN, GEO. SCHUMACHER. Councilman Meuser moved that the prayer of the petition be grant- ed and the petition be filed for rec- ord. Seconded by Councilman Schuckert. Carried by the follow- ing vote: Yeas —Mayor Maclay, Councilmen Meuser and Schuckert. Nays —None. Absent — Councilmen McEvoy and Yount. October 26, 1928. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At your meeting held October 18th, 1928, I submitted a report recommending the improve- ment of several streets in the City, which report was referred to the City Council for further action and I am now submitting my recom- Special Session, October 30th, 1928 349 mendation for the paving of addi- tional streets as follows: Lowell Street from the east line of Abbott Street to the west line of Schroeder Street. As far as I know, the Council has never received a petition for the paving of this street, but your City Manager has received a great many complaints from the property owners, having to use this street, on account of the washed -out condition of the present macadam and inasmuch as it would be a very expensive proposition to continue to maintain the macadam on this street due to the fact that a great amount of water finds its way into said street, it is deemed advisable to pave the street and thereby avoid continual expense of maintenance. It is recommended also that Schroeder Street in this same dis- tract be paved from the north line of Seminary Street to the south line of Lowell Street which will make a connected improvement as Lowell Street is at present paved from the west line of Schroeder Street to the east line of Paul Street. Pursuant to a petition from sev- eral of the property owners on Paul Street for a pavement, it is the rec- ommendation of your City Manager that Paul Street be paved from the north line of Seminary Street to the south line of Lowell Street. Farley Street from Thomas Place to Garfield Avenue has been a source of expensive maintenance of the present old macadam due to the continual wash of the water coming from Thomas Place and the hills above Thomas Place and your City Manager therefore recommends that inasmuch as this is one of the streets that serves a great many houses on Thomas Place, that said street be paved during the year 1929. As stated in my former recom- mendation, it is desirable for the Council to take immediate action on these proposed improvements so that the Engineering Department ban proceed in gathering the neces- sary field information before the ground is covered with snow so that our paving program may proceed at the earliest possible time in the Spring and I therefore sincerely hope that the Council will give us early action on the proposed im- provements. Very respectfully submitted, O. A. KRATZ, City Manager. Councilman Schuckert moved that the recommendation of the City Manager be approved and the com- munication be referred to the Coun- cil. Seconded by Councilman Meus- er. Carried by the following vote: 350 Special Session, October 30th, 1928 Yeas —Mayor Maclay, Councilmen Meuser and Schuckert. Nays —None. Absent— Councilmen McEvoy and Yount. October 26, 1928. To the Honorable "Mayor and City Council, Dubuque, Iowa. Gentlemen: At your meeting held October 1st, 1928, the proposed or- dinance regulating and licensing curb pumps, together with a very lengthy petition on the subject, was referred to the Council for further consideration. Your City Manager is referring this matter back to the Council with the recommendation that the ordin- ance be revised and passed immed- iately, to take effect April 1st, 1929, the same date as all of our licenses become due. This your City Manag- er believes would be the proper step to take at this time in order to defin- itely settle the matter and not to be brought up again in the Spring. Very respectfully submitted, 0. A. KRATZ, City Manager. Referred back to the Council. No action. October 25, 1928. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At your meeting held August 27th a communication from Helen and Wm. Meehan regarding the storm water condition at the corner of Dodge and South Locust Streets was refererd to your City Manager for report. Immediately after receiving the petition for report, the bars in the catch basins at this intersection were removed and it is the opinion of your City Manager that until Dodge Street is paved and curbs constructed to withhold the water within the street, that the Meehan property will experience considerable trouble with the storm water. How- ever, this is no fault of our present drainage facilities at this point. I therefore recommend that the corn - munication be placed on file with no further action at this time. Very respectfully submitted, 0. A. KRATZ, City Manager. Councilman Meuser moved that the petition be received and filed. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen Meuser and Schuckert. Nays —None. ' Absent— Councilmen McEvoy and Yount. October 26, 1928. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At your meeting held August 27th, 1928, a communication from Helen and Wm. Meehan re- garding the storm sewer condition at the intersection of Dodge and South Locust Streets was refered to your City Manager for report. Your City Manager is attaching hereto a sketch showing the present drainage facilities at this point. A glance at the sketch will show that there are at present three large in- take grates and four other smaller intake grates at this intersection which is deemed entirely adequate to take care of the storm water at this point. The Council will also note, upon looking at the sketch, that the principal reason for the Meehan property having trouble with the storm water is the fact that there are no curbs in Dodge Street opposite this property which would tend to hold the water within the street and at the present time the water is able to round the corner and flow over the Meehan property unobstructed when there is the least obstruction in the catch basin grates. Your City Manager believes that when Dodge Street is paved from South Locust Street to the railroad tracks that the trouble now being experienced by the Meehan property will be eliminated and it is there- fore recommended that the commun- ication be filed with no further ac- tion at this time, awaiting the pave- ment of Dodge Street at which time, if the Council deems advisable, ad- ditional catch basins may be includ- ed in the improvement. Very respectfully submitted, 0. A. KRATZ, City Manager. Councilman Meuser moved that the petition be received and filed. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen Meuser and Schuckert. Nays —None. Absent — Councilmen McEvoy and Yount. Sale of Private Sewer In consideration of tht sum of $200.00 in hand paid by the City of Dubuque, a Municipal Corporation of Iowa, the receipt whereof is hereby acknoweldged, the undersigned, hereby sells, conveys, assigns and transfers to the City of Dubuque all his right, title and interest in and to a certain private sewer con- structed by the undersigned in Rock Street from Julien Avenue to Wil- bur Street and hereafter said sewer and all rights therein and hereto Special Session, October 30th, 1928 shall be and become the property of said City of Dubuque, the ownership of said sewer by said City shall not prejudice the connection therewith to the property of the undersigned and such connection shall be con- sidered sufficient for all purposes. Dated at Dubuque, Iowa, this 16th day of October, 1928. A. F. HEEB. Councilman Meuser moved that the sale be made a matter of rec- ord. Seconded by Councilman Schuckert. Carried by the follow- ing vote: Yeas —Mayor Maclay, Councilmen Meuser and Schuckert. Nays —None. Absent — Councilmen McEvoy and Yount. October 30, 1928. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At your meeting held October 12th the matter of purchas- ing the A. Heeb private sewer in Rock Street, was referred to your City Manager with power and this is to advise that we have purchased the private sewer from Mr. Heeb for the sum of $200.00 and to date have collected back from property owners that will be served by said sewer the sum of $40.00. At some later date during the coming year it is the intention of the City to connect a lateral sewer to this sewer and therefore it seemed very necessary for the City to own same in order to eleminate consid- erable expense in serving several pieces of property. Very respectfully submitted, 0. A. KRATZ, City Manager. Councilman Meuser moved that the communication be received and filed. Seconded by Councilman Schuckert. Carried by the follow- ing vote: Yeas —Mayor Maclay, Councilmen Meuser and Schuckert. Nays —None. Absent — Councilmen McEvoy and Yount. October 25, 1928. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At your meeting held July 10th, 1928, a communication from A. A. Cooper requesting the City to take some action in open- ing Railroad Street from East Main Street to the river was referred to the City Manager for report. Your City Manager can see no great benefit to be derived by the opening of this street at this time and it would greatly inconvenience the Illinois Central Railroad and I 351 so informed Mr. Cooper on one of his recent visits to the City. How- ever, I suggested to Mr. Cooper that whenever he was able to sell any of his property along the water front, which would require the open- ing of Railroad Street, that I would submit the proposition to the Coun- cil in the proper form, and, under the circumstances, I recommend that the communication from Mr. Cooper be placed on file with no further ac- tion at this time. Very respectfully submitted, 0. A. KRATZ, City Manager. Councilman Schuckert moved that the recommendation of the City Manager be approved. Seconded by Councilman Meuser. Carried by the following vote: Yeas— Mayor Maclay, Councilmen Meuser and Schuckert. Nays —None. Absent — Councilmen McEvoy and Yount. October 25, 1928. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At your meeting held August 10th, 1928, a resolution of the Dubuque Trades and Labor Con- gress requesting that the Dubuque Leader be named as one of the offic- ial papers for publishing Council proceedings and official notices was referred to your City Manager and Council for action. It will be recalled at that time we were having some trouble with the Telegraph - Herald regarding charges for printing official notices, but inasmuch as this matter has been adjusted and the Telegraph - Herald has agreed to accept the leg- al rate, I wish to recommend that we continue with the Telegraph -Her- ald and therefore no further action is required on the resolution from the Dubuque Trades and Labor Con- gress other than to file same. Very respectfully submitted, 0. A. KRATZ, City Manager. Councilman Meuser moved that the recommendation of the City Manager be approved. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen Meuser and Schuckert. Nays —None. Absent — Councilmen McEvoy and Yount. October 24, 1928. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At your meeting held October 22nd, 1928, a compromise settlement was made with the Fed- Special Session, October 30th, 1928 Yeas —Mayor Maclay, Councilmen Meuser and Schuckert. Nays —None. Absent — Councilmen McEvoy and Yount. October 30, 1928. Certificate of City Manager To City Council. Subject: Acceptance of the im- provement of Broadway Street. The undersigned hereby certifies that the contract for the paving, construction of driveways, construc- tion of sidewalks, installing of un- derground connections with sewer and water mains, of Broadway from the south property line of West 24th Street to the south property line of Diagonal Street, James Saul & Son, 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 would recommend its acceptance by the Council. O. A. KRATZ, City Manager, Imp. Form No. 7 A Resolution Adopting Improvements and Directing the Clerk to Publish Notice. Whereas, the contract for the im- provement of Broadway from the south property line of West 24th Street to the south property line of Diagonal Street, by paving with con- crete, constructing driveways and sidewalks, installing underground 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 completed according to the terms of the con- tract, 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 improvements 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 inten- tion 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- 353 provements an amount equal to the amount of his contract, less any re- tained percentage provided for there- in.. Passed, adopted and approved this 30th day of October, 1928. JOHN H. MACLAY, Mayor. WM. H. MEUSER, H. 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 Meuser and Schuckert. Nays —None. Absent — Councilmen McEvoy and Yount. October 30, 1928. Certificate of City Manager. To City Council. Subject: Acceptance of the im- provement of Roberts, West 8th, and Wilson Streets. The undersigned hereby certifies that the contracts for the paving, construction of driveways and con- struction of sidewalks on the im- provements of Roberts Street from the north property line of West 5th Street to the north property line of Wiest 8th Street and West 8th Street from the east property line of Rob- erts Street to the west property line of Wilson Street and Wilson Street from the south property line of West 8th Street on the west to the south property line of Julien Avenue, James Saul & Son, contrac- tors, have 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 their accept- ance by the Council. O. A. KRATZ, City Manager. Imp. Form No. 7. A Resolution Accepting Improve- ments and Directing the Clerk to Publish Notice. Whereas, the contract for the im- provement of Roberts Street from the north property line of West 5th Street to the north property line of West 8th Street and West 8th Street from the east property line of Rob- erts Street to the west property line of Wilson Street and Wilson Street from the south property line of West 8th Street on the west to the south property line of Julien Avenue, by paving with concrete, constructing driveways and sidewalks, has been completed and the City Engineer has examined the work and filed his j!' 4 ii 352 Special Session, October 30th, 1928 eral Bank & Trust Co., account of delinquent sidewalk tax which was levied January 15th, 1924, and as- sessed to A. L. Rhomberg, being lot 4 of Mineral Lot 144, City of Du- buque, in the sum of $312.91, stat- ing that the lien was not certified to the County Auditor until October 27th, 1927. The compromise settle- ment was in the sum of $137.50. I find upon investigation that our City Treasurer did certify to the County Treasurer the lien as of April 17th, 1924, and that the County Treasurer refused to accept in his books the liens, claiming that he was not the collector of unbonded liens and therefore the City seemed to be helpless in forcing the entry and collection of said liens. The City Treasurer again certified the liens on October 27th, 1927. At the last meeting of the City Treasurer and City Clerk were criti- cized on account of laxity in certify- ing liens and this report is being made to you with an idea of fully in- forming you on the situation. Very truly yours, O. A. KRATZ, City Manager. Councilman Schuckert moved that the communication be received and filed. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor Maclay, Councilmen Meuser and Schuckert. Nays —None. Absent— Councilmen McEvoy and Yount. Petition of Chas Pape & Son, re- ferred to the City Manager at a previous meeting with power, ask- ing permission to excavate in East 15th St., for purpose of making sew- er and water connections to the Deckert Wood and Coal office, the Manager reports that the work has been completed and the petition may be filed. Councilman Schuckert moved that the petition be received and filed. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor Maclay, Councilmen Meuser and Schuckert. Nays —None. Absent — Councilmen McEvoy and Yount. Petition of the Julien Dubuque Hotel Co., stating that they had leased the office on the south end of the Hotel to the Greyhound Tran- sient Company of Chicago, for their terminal in Dubuque. That the Chief of Police notified them that they could not have a terminal on Main Street, that it is against the traffic rules, they state further that the busses park long enough to load and unload passengers, which takes about 115 minutes, and the Hotel Co. hereby asks the Council to allow the busses to park long enough to load and unload, their passengers. Councilman Schuckert moved that the petition be referred to the City Manager. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor Maclay, Councilmen Meuser and Schuckert. Nays —None. Absent — Councilmen McEvoy and Yount. Petition of James F. Lee Paving Co., stating that his contract for the paving of Windsor Avenue has been completed since October 1st, 1928, and under the law they are entitled to an acceptance or rejec- tion of this contract within 30 days from completion. Councilman Meuser moved that the petition be referred to the City Manager. Seconded by Councilman Schuckert. Carried by the follow- ing vote: Yeas —Mayor Maclay, Councilmen Meuser and Schuckert. Nays — None. Absent — Councilmen McEvoy and Yount. Petition of Curtis & Co., asking permission to execavate on 18th Street between Central Ave., and White Street for the purpose of in- stalling an oil storage tank. Councilman Schuckert moved that the petition be referred to the City Manager with power. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor Maclay, Councilmen Meuser and Schuckert. Nays —None. Absent — Councilmen McEvoy and Yount. October 30, 1928. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I am submitting here- with a revised rate schedule sub- mitted by the Interstate Power Com- pany covering a rate change on resi- dence and commercial lighting, pow- er rate for small power users, a new rate for large power users and re- vising certain rules and regulations governing distribution of light and power and recommend that same be given more study by the Council be- fore final approval. Very respectfully submitted, O. A. KRATZ, City Manager. Councilman Schuckert moved that the petition be referred to the Coun- cil for consideration. Seconded by Councilman Meuser. Carried by the following vote: 354 Special Session, October 30th, 1928 certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends . its acceptance, now therefore, Be it resolved by the City Coun- cil of the City of Dubuque, that the recommendation of the City Engin- eer be approved and that said im- provement be and the same is here- by accepted and the City Engineer be and he is hereby directed to pre- pare a plat and schedule showing the lots or parcels of real estate subject to assessment for said im- provements and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assessments therefor, as required by law. Be it further resolved that the City Treasurer be and he is hereby 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 30th day of October, 1928. JOHN H. MACLAY, Mayor. WM. H. MEUSER, H. 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 Meuser and Schuckert. Nays —None. Absent — Councilmen McEvoy and Yount. October 30, 1928. Certificate of City Manager. To City Council. Subject: Acceptance of Under- ground Connection with Sewer and Water Mains. The undersigned hereby certifies that the contracts for the installing of underground connections with sewer and water mains on the fol- lowing improvements: Sewer con- nections on 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; water 'connections 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 Addition; sewer connections on the improvement of Windsor Avenue from the north line of the alley first south of Strauss Street to the City Limits on Davis Street; sewer con- nections on the improvements of Brunswick Street from the north pro- perty line of O'Neill Street to the City Limits and Groveland Street from the west property line of Bur- den Street to the east property line of Brunswick Street and O'Neill Street from the west property line of Burden Street to the west pro- perty line of Brunswick Street, Uhl - rich -Paley Co., contractors, have 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 recommend their acceptance by the Council. O. A. KRATZ, City Manager. Imp. Form No. 7. A Resolution Accepting Improve- ments and Directing the Clerk to Publish Notice. Whereas, the contracts for the in- stalling of underground connections with the sewer and water mains on the following street improvements, sewer connections on the improve- ment of the alley first east of Center Street from the north property line of Julien Avenue to the south pro- perty line of Rose Street; water connections on the improvement of Plymouth Street from the west pro- perty line of South Grandview Aven- ue 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; sewer con- nections on the improvement of Windsor Avenue from the north line of the alley first south of Strauss Street to the City Limits on Davis Street; sewer connections on the im- provements of Brunswick Street from the north property line of O'Neill Street to the City Limits and Groveland Street from the west property line of Burden Street to the east property line of Brunswick Street and O'Neill Street from the west property line of Burden Street to the west property line of Bruns- wick Street, have been completed and the City Engineer has examined the work and filed his certificate stating that the same have been completed according to the terms of the contract, plans and specifica- tions and recommends their accept- ance, now therefore, Special Session, October 30th, 1928 Be it resolved by the City Council of the City of Dubuque, that the recommendation of the City Engin- eer he approved and that said im- provement be and the same is here- by accepted and the City Engineer be and he is hereby directed to pre- pare a plat and schedule showing the lots or parcels of real estate sub- ject to assessment for said improve- ments and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assess- ments therefor, as required by law. Be it further resolved that the City Treasurer be and he is here- by directed to pay to the contract- or, certificates to be issued upon the above described improvements, an amount equal to the amount of the contract, less any retained percent- age provided for therein. Passed, adopted and approved this 30th day of October, 1928. JOHN H. MACLAY, Mayor. WM. H. MEUSER, H. 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 Meuser and Schuckert. Nays —None. Absent — Councilmen McEvoy and Yount. October 30, 1928. Certificate of City Manager. To City Council. Subject: Acceptance on Under- ground Connection with Water Mains. The undersigned hereby certifies that the contracts for the installing of underground connections with water mains on the following im- provements: Water connections on the improvement of Windsor Aven- ue from the north line of the alley first south of Strauss Street to the City Limits on Davis Street; water connections on the improvements of Brunswick Street from the north property line of O'Neill Street to the City Limits and Groveland Street from the west property line of Burden Street to the east pro- perty line of Brunswick Street and O'Neill Street from the west pro- perty line of Burden Street to the west property line of Brunswick Street, James F. Lee Paving Co., contractors, have been completed. I further certify that this work has been done in accordance with 355 the plans and specifications and stipulations of the contract and I would recommend their acceptance by' the Council. O. A. KRATZ, City Manager. Imp. Form No. 7. A Resolution Accepting Improve- ments and Directing the Clerk to Publish Notice. Whereas, the contracts for the in- stalling of underground connections with the water mains on the fol- lowing improvements: Water con- nections on the improvement of Windsor Avenue from the north line of the alley first south of Strauss Street to the City Limits on Davis Street; water connections -on the im- provements of Brunswick Street from the north property line of O'- Neill Street to the City Limits and Groveland . Street from the west pro- perty line of Burden Street to the east property line of Brunswick Street, have been completed and the City Engineer has examined the work and filed his certificate stating that the same has been completed according to the terms of the con- tract, plans and specifications and recommends their 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 improvements 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 therefore, as required by law. Be it further resolved that the City Treasurer be and he is hereby directed to pay t1;,e contractor, with certificates issued upon the above described improvements, an amount equal to the amount of the contract, less any retained percentage provid- ed for therein. Passed, adopted and approved this 30th day of October, 1928. JOHN H. MACLAY, Mayor. WM. H. MEUSER, H. F. SCHUCKERT, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Meuser moved the ad- option of the resolution. Seconded by Councilman Schuckert. Carried by the following vote: 356 Special Session, October 30th, 1928 Yeas —Mayor Maclay, Councilmen Meuser and Schuckert. Nays —None. Absent — Councilmen McEvoy and Yount. October 30, 1928. Certificate of City Manager. To City Council. Subject: Acceptance of the Con- struction of Sidewalks. The undersigned hereby certifies that the contracts for the construc- tion of the following sidewalks: South 2 -5 of City Lot 475, St. Joseph Parsonage, owner; Lot 22 High Street Sub., Realty Inv. Corp., own- er; Lot 1 High Street Sub., Ursula Domenig, owner; Lot 3 of Min. Lot 314 Independent School District, owner; Lot 2 of Min. Lot 314 Inde- pendent School District, owner; Thos. E. Byrne, contractor, have been completed. I further certify that this work has been done in accordance with the plans and specifications and stipula- tions of the contract and I would recommend its acceptance by the Council. O. A. KRATZ, City Manager. Imp. Form No. 7. A Resolution Accepting Improve- ments and Directing the Clerk to Publish Notice. Whereas, the contracts for the construction of sidewalks on the fol- lowing named lots or parcels of real estate: South 2 -5 of City Lot 475 St. Joseph's Parsonage ,owner; Lot 22 High Street Sub., Realty Inv - Corp., owner; Lot 1 High Street Sub., Ursula Domenig, owner; Lot 3 of Min. Lot 314 Independent School District, owner; Lot 2 of Min. Lot 314 Independent School District, owner, have been complet- ed and the City Engineer has ex- amined the work and filed his cer- tificate stating that the same have been completed according to the terms of the contract, plans and specifications and recommends their acceptance, now therefore, Be it resolved by the City Council of the City of Dubuque, that the recommendation of the City Engin- eer be approved and that said im- provements be and the same are hereby accepted and the City En- gineer be and he is hereby directed to prepare a plat and schedule show- ing the lots or parcels of real estate • subject to assessment for said im- provements and file the same in the office of the City Clerk subject to publis inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assessments therefor, as required by law. Be it further resolved that the City Treasurer be and he is here- by directed to pay the contractor, with certificates issued upon the above described improvements, an amount equal to the amount of the contract, less any retained percent- age provided for therein. Passed, adopted and approved this 30th day of October, 1928. JOHN H. MACLAY, Mayor. WM. H. MEUSER, H. F. SCHUCKERT, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Meuser moved the ad- option of the resolution. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen Meuser and Schurckert. Nays —None. Absent— Councilmen McEvoy and Yount. Petition for Change of Grade and Waiver. To the Honorable Mayor and Coun- cil of the City of Dubuque. Gentlemen: The undersigned be- ing the owners of all of the property to be affected by the change of grade herein requested of Pearl Street between O'Hagen and Finley Streets, hereby petition your Honor- able Body to change the grade of said Pearl Street between O'Hagen and Finley Streets in front of Lots 23, 24, 25 and 26 Finley, Waples and Burton Addition in the City of Du- buque, Iowa, and in consideration of the granting of this petition, the un- dersigned hereby waive any and all damages which they or any of them might sustain to their respective properties by reason of the change of grade hereby requested and agree that any public improvements which the City of Dubuque may make or has made in the pa'St will be paid for by the undersigned on the basis of the assessments levied therefor and no objection will be filed by them based upon the ground that such public improvements have been constructed on a grade different than the grade originally established by the City Council of said City. It being understood that the City of Dubuque will reconstruct a new curb and gutter made necessary by the change of grade. Respectfully submitted, ALVIN WIRZBACH, Lot 23, Finley, Waples and Burton Add. BELLE McDONOUGH, Lots 24 and 25, Finley, Waples and Burton Add. Special Session, October ALLAN T. DAYKIN, Lot 26, Finley, Waples and Burton Add. Councilman Meuser moved that the petition be received and made a matter of record. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen Meuser and Schuckert. Nays —None. Absent — Councilmen McEvoy and Yount. An ordinance changing the grade of Pearl Street and establishing a new grade from the west property line of O'Hagan Street to the east property line of Finley Street, pre- sented and read, being profile No. 1210. Councilman Schuckert moved that this be considered the first reading of the ordinance. Seconded by Coun- cilman Meuser. Carried by the fol- lowing vote: Yeas —Mayor Maclay, Councilmen Meuser and Schuckert. Nays —None. Absent — Councilmen McEvoy and Yount. The matter of ordering the canopy at the northwest corner of Iowa and 12th Street, in front of the Wm. Han- son building, came up for discussion. Councilman Meuser moved that this matter be refered to the City Manager to investigate. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Maclay, Councilmen Meuser and Schuckert. Nays —None. Absent — Councilmen McEvoy and Yount. October 30, 1928. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At your meeting held August 3rd, 1928, a petition from Martin A. Riedi, et al, requesting the City to install water and sewer mains on Muscatine Street from Put- nam Street north, was referred to your City Manager for report. Your City Manager finds that twelve property owners have signed the petition and that the proposed water and sewer main extentions will serve fourteen houses at the present time and therefore recom- mends that the petition be granted and that the Water Department be instructed to install the necessary water mains and the City Engineer be instructed to prepare the plans for the sanitary sewer, both to be put in during the year 1929. Very respectfully submitted, O. A. KRATZ, City Manager. Councilman Schuckert moved that 30th, 1928 357 the recommendation of the City Manager be approved and the Water Department be instructed according- ly. Seconded by Councilman Meus- er. Carried by the following vote: Yeas —Mayor Maclay, Councilmen Meuser and Schuckert. Nays —None. Absent — Councilmen McEvoy and Yount. October 30, 1928. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At your meeting held October 16th a petition from Frank W. Olds, et al, requesting that a new street be opened up between Kane Street and Kaufman Avenue across lands owned by Mr. Olds, Ray Mc- Donald and William B. Fischer, was referred to your City Manager for report. Your City Manager wishes to re- port that the petitioners have de- posited with the City a sufficient amount of money to take care of the preliminary expense of surveying and condemnation proceedings and your City Manager therefore direct- ed the City Engineer to make the necessary survey, which survey is now nearly completed, and we will soon have a definite report to make to the Council in regard to same. I therefore recommend that the peti- tion be filed awaiting further report. Very respectfully submitted, O. A. KRATZ, City Manager. Councilman Schuckert moved that the recommendation of the City Manager be approved. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor Maclay, Councilmen Meuser and Schuckert. Nays —None. Absent— Councilmen McEvoy and Yount. October 30, 1928. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I am transmitting herewith a communication from Uhl - rich -Paley Company in which they request an extension of time until Spring in which to complete the pav- ing of Carlotta Street, Dell Street, Brunswick, Groveland and O'Neill Streets and Wilbur Street and due to the weather conditions I am rec- ommending that the petition be granted, provided same meets with the approval Hof the Bonding Com- pany and that Uhlrich -Paley be re- quired to keep the above streets in passable condition until they will be able to pave same. The City had a very small paving program this year and all of the im- Special Session, October 30th, 1928 done be requesting the proprietors to create as little nuisance as pos- sible. In regard to the parking condition, we feel that this has been material- ly improved by the City cutting back the curb and widening the pavement in front of the City Hall property and your City Manager therefore recommends that the communica- tion be filed with no further action at this time. Very respectfully submitted, 0. A. KRATZ , City Manger. Councilman Schuckert moved that the recommendation of the City Manager be approved. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor Maclay, Councilmen Meuser and Schuckert. Nays —None. Absent — Councilmen McEvoy and Yount. Oct. 30, 1928. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At your meeting held August 3rd, 1928, a communication from John H. Bradley requesting that Elizabeth Place from the east curb line of Cox Street to the east lot line of Lot 8 Jackson School Sub- division be graded and otherwise im- proved, was referred to your City Manager for report. Your City Manager finds, upon in- vestigation the matter on the ground, that this proposed improve- ment will only serve one additional house and also that Mr. Bradley owns only three lots out of a pos- sible twelve lots that will be assess- ed for the improvement and there- fore recommends that the petition be not granted until additional sign- ers are obtained on the petition. Very respectfully submitted, 0. A. KRATZ, City Manager. Councilman Schuckert moved that the recommendation of the City Manager be approved. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor Maclay, Councilmen Meuser and Schuckert. Nays —None. Absent— Councilmen McEvoy and Yount. October 30, 1928. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At your meeting held July 17th a communication from J. H. Rhomberg asking that the Coun- cil reconsider his petition relative to excluding certain property in the Du- buque Harbor Improvement Co. Add. 359 from the fire limits, was referred to the City Manager and Council. In order to clear up the Council calendar, your City Manager is re- turning this communication to - the Council with a recommendation that the petition be not granted and that the fire limits remain the same as they are at present, conforming with a prior report of the Manager. Very respectfully submitted, 0. A. KRATZ, City Manager. Councilman Schuckert moved that the recommendation of the City Manager be approved. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor Maclay, Councilmen Meuser and Schuckert. Nays —None. Absent — Councilmen McEvoy and Yount. October 30, 1928. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Upon taking office as City Manager I found that the Coun- cil at their meeting held January 31st, 1928, referred a communication from Mr. C. E. Bradley requesting that West 3rd from Grandview Ave. to Algona Street be graded, to your City Manager for report. Your City Manager wishes to re- port that he has inspected this street on the ground and conforming with' our policy of not grading streets un- til the property owners are ready and willing to pay for a pavement, your City Manager wishes to recom- mend that the petition be not grant- ed and that same be filed with no further action at this time or until the property owners petition for a pavement along with the grading improvement. Very respectfully submitted, 0. A. KRATZ, City Manager. Councilman Schuckert moved that the recommendation of the City Manager be approved. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor Maclay, Councilmen Meuser and Schuckert. Nays —None. Absent— Councilmen McEvoy and Yount. October 30, 1928. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At your meeting held April 16th, 1928, a communication __ -- from Arthur H. Eichman, 2119 Rhomberg Avenue, requesting the City to protect his property from the storm water coming down Shiras Avenue, also a petition from thirty f Ilil 1 358 Special Session, October 30th, 1928 provements under contract with Uhl - rich -Paley Company should have been completed this year as all of their contracts expired October 15th. If the local contractors desire to keep the City's paving business from going out of town they should show a little more disposition to complete the contracts when same are given to them and due to the fact that they had neglected to complete their contracts on time, it seems no more than right that they should maintain the streets under contract to them in a condition that they may be trav- eled with comfort during the winter months. Very respectfully submitted, 0. A. KRATZ, City Manager. Councilman Schuckert moved that the recommendation of the City Manager be approved. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor Maclay, Councilmen Meuser and Schuckert. Nays —None. Absent — Councilmen McEvoy and Yount. October 30, 1928. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At your meeting held May 17th, 1928, a petition from Her- bert F. Smith, et al, requesting that Custer Street from Atlantic Street east to the alley and the alley just east of Atlantic from West 14th to Custer be graded, paved and curbed, was referred to your City Manager that this petition be granted and that the improvement be put on our 1929 program. Very respectfully submitted, 0. A. KRATZ, City Manager. Councilman Schuckert moved that the recommendation of the City Manager be approved. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor Maclay, Councilmen Meuser and Schuckert. Nays —None. Absent— Councilmen McEvoy and Yount. October 20, 1928. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Before taking office as City Manager the following sidewalk matters were referred to your City Manager for report. On October 11th a communication from Al. G. Acker requesting a year's extension of time in which to put in a concrete sidewalk in front of lot 2 of 2 of 2 of 2 of 7 of Mineral Lot 159 and in front of lot 1 of 2 of 2 of 2 of 1 of 7 of Mineral Lot 159 on College Street and while no action was taken by the Council in grant- ing the extention of time, Mr. Ack- er was really given a year in which to put in the walk and this is to advise that inasmuch as the walk was not put in by him, that the City is now installing the same along with several other walks in the same district. Also a notice to install walk in front of lot 4, 5, 6, Cushing's Addi- tion, which are owned by the City, was referred to the City Manager without any action and it is the rec- ommendation of your City Manager that these walks be installed along with our 1929 program. A notice to Peter J. Miller, owner of lot 86, Glendale Addition, to put in a sidewalk on East 28th Street, was referred to the City Manager without action and it is the recom- mendation of your City Manager that this walk also be included in our 1929 program. Notices to construct sidewalks in front of property owned by Mrs. Kathryn Dehing and Mrs. Sidonia MacAleece on West 16th Street was ordered deferred by the Council and your City Manager wishes to recom- mend that these walks be also in- cluded in our 1929 program. Very respectfully submitted, 0. A. KRATZ, City Manager. Councilman Schuckert moved that the recommendation of the City Manager be approved. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor Maclay, Councilmen Meuser and Schuckert. Nays —None. Absent — Councilmen McEvoy and Yount. October 30, 1928. To the Honorable Mayor and City Council, Dubuque, Iowa. . Gentlemen: At your meeting held April 16th a communication from Peter Deutsch in regard to the park- ing conditions on Iowa Street be- tween 12th and 13th, was referred to your City Manager for investiga- tion and report. Mr. Deutsch is complaining about the business houses in this block blocking the sidewalk with barrel trucks and carts and inasmuch as this is more or less of a market square, with business houses in this block which require more or less trucking across the sidewalk due to the nature of their business, it seems to me that there is little that the City can do to abate the nuis- ance other than we have already ning and zoning ordinance, together with a communication from our City Solicitor on the subject, was re- ferred to the Council for action, and in order to clear my desk of all mat- ters on which action has been de- layed, I am referring this matter back to the Council with a recom- mendation that the planning and zoning ordinance under considera- tion be passed and given support of the Council. Very respectfully submitted, O. A. KRATZ, City Manager. Filed for record, no motion. October 18, 1928. Mr. E. L. Hogue, Budget Director, Des Moines, Iowa. Dear Sir: I understand that there is a movement on foot to have the legislature set aside an additional appropriation for the purpose of em- ploying additional State Sanitary En- gineers, said engineers to assist city officials throughout the state in solv- ing their water and sewage problems and this is to advise that the City of Dubuque is in favor of such legis- lation. Very truly yours, O. A. KRATZ, City Manager. Filed for record, no motion. There being no further business, Council adjourned. JOHN STUBER, City Clerk. Special Session, October 30th, 1928 361 Approved 1928. Adopted 1928. Councilmen Attest: City Clerk. 360 Special Session, October 30th, 1928 some property owners requesting that the sanitary sewer in the alley between Rhomberg Avenue and Lin- coln Avenue and between Stanton and Shiras Avenue be extended to Mr. Eichman's property, were re- ferred to your City Manager for re- port. Your City Manager has inspected this proposition on the ground and finds that the storm water when it leaves the culvert under Lincoln Avenue takes a very meandering course in order to cross Shiras Av- enue and for that reason causes tha banks to wash considerably, also that it is impossible to extend the sanitary sewer from Stanton Street to Shiras Avenue until the storm ditch is filled up, which causes a very unsanitary condition at this point and it is therefore the recom- mendation of your City Manager that the City straighten out and con- struct a covered storm sewer from the present outlet of the storm sew- er under Lincoln Avenue to a con- nection with the culvert under Shir- as Avenue and that a sanitary sewer be extended to serve Mr. Eichman's property. Very respectfully submitted, O. A. KRATZ, • City Manager. Councilman Schuckert moved that the recommendation of the City Manager be approved. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor Maclay, Councilmen Meuser and Schuckert. Nays —None. Absent— Councilmen McEvoy and Yount. October 30, 1928. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At your meeting held April 25th, 1928, a petition from Al- lan H. Graves, et al, requesting that the alley running north and south between West 14th and Algona and between Auburn and Fillmore Streets be graded and paved, was referred to your City Manager for report. Your City Manager wishes to re- port that eight of the property own- ers, being all of the property owners affected by the proposed improve- ment, have signed the petition and therefore recommends that the peti- tion be granted and that the im- provement be put on our program for 1929. Very respectfully submitted, O. A. KRATZ, City Manager. Councilman Schuckert moved that the recommendation of the City Manager be approved. Seconded by Councilman Meuser. Carried by the following vote: Yeas —Mayor Maclay, Councilmen Meuser and Schuckert. Nays —None. Absent — Councilmen McEvoy and Yount. October 18, 1928. Mr. Jos. A. Armbruster, 3110 Lemon Street, Dubuque, Iowa. . Dear Sir: Under date of October 11th you requested an extention of time on installation of your sewer connection. It is my understanding that you have carried the water and sewer in- to your basement but at the present time are unable to finance installa- tion of plumbing within the house, and if this is a fact this is to advise that we are extending your time for a complete installation until May 1st, 1929. Trusting that this meets with your approval, I am, Very truly yours, O. A. KRATZ, City Manager. Prayer of petition granted, no action. October 24, 1928. I1r. M. H. Czizek, City Solicitor, 402 B. & I. Building, Dubuque, Iowa. Dear Sir: At the Council meeting held October 18th, 1928, a communi- cation from Major C. L. Hall, Corps of Engineers, District Engineer in regard to the installation of an in- take to be installed by the Interstate Power Company in Lake Peosta Slough, was referred to the City Manager and City Solicitor. I cannot see avy objection to the installation of the proposed works and I am therefore enclosing same herein for your examination and•re- port to the Council so that after our next meeting a communication can be addressed to , Mr. Hall advising him one way or the other. Will you give this matter your early attention so that we can reply promptly to Mr. Hall's letter? Very truly yours, O. A. KRATZ, City Manager. Letter filed for record, no motion. October 30, 1928. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At your meeting held May 14th, 1928, a communication from Rev. J. M. Wolfe, Vice- Chair- man of the City Planning & Zoning Committee of the Chamber of Com- merce, requesting the Council to take some action on a proposed plan-