Loading...
1922 April Council Proceedingsti CITY COUNCIL (Official.) Regular Session, April 3rd, 1922. Council met at 4:40 P. M. Present —City Manager Carr, Coun- cilmen Alderson, Brede, Gabriel, Mel- chior and Schrempf. Councilman Brede moved that Dr. James Alderson be appointed as Mayor of this Council. Seconded by Councilman Gabriel. Carried by the followig vote: Yeas — Councilmen Brede, Gabriel, Melchior and Schrempf. Nays —None. Not voting — Councilman Alderson. Mayor Alderson thanked the Coun- cil for the honor conferred on him, and took the chair. The annual report of the City Solicitor for the year 1921 presented. Councilman Brede moved that the .report be received and placed on file. Seconded by Councilman Ga- briel. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior and Schrempf. Nays —None. The annual report of the City En- gineer for the year 1921 presented. Councilman Brede moved that the •report be received and placed on file. Seconded by Councilman Ga- briel. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede,' Gabriel, Melchior and Schrempf. Nays —None. Inventory of the Dubuque City Water Works for the year 1921 pre- sented. Councilman Brede moved that the inventory be received and put on file. Seconded by Councilman Gabriel. Carried by the following • vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior and Schrempf. Nays —None. The Council Proceedings fo rthe (month of December, 1921, presented. Councilman Brede moved that they be approved and adopted as printed. Seconded by Councilman Gabriel. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior and Schrempf. Nays —None. Petitno of R. B. Moffat, Trustee for Mary L. Farley Estate, presented, stating that by some oversight he paid the City Treasurer taxes which were not legal, as this was on moneys and credits, and the Couny had already collected statutory tax therefore. Taxes collected by the Regular Session, April 3, 1922 137 City for the year 1918, $102.88; for year 1919, $144.58; for year 1920, $99.96; total, $347.52. That the fore- going taxes were illegally assessed under Section 1310, of the Supple- ment to the Code of Iowa, by the City Treasurer, and therefore should be refunded. Wherefore, this Trus- tee would respectfully request that an order be drawn in favor of this Trustee for the refunding of taxes above referred to. (Signed) R. B. MOFFAT, Trustee. Councilman Brede moved that the petition be referred to the City So- licitor to investigate and report back to the Council. Seconded by Coun- cilman Schrempf. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior and Schrempf. Nays —None. , April 3rd, 1922. pity Council, Dubuque, Iowa. Gentlemen: On September 8th, 1896, there was an assessment levied for the im- provement of Foye Street. The charge against Lot 13 in Porter's Ad- dition was 30.93. This lot is now owned by H. S. Moore. The City purchased a tax title cer- tificate to this property on Septem- ber 9th, 1921. The owner, through his attorney, now asks to be allowed to settle on the basis of one -half of the original assessment, in view of the fact hat this assessment was levied twenty -six years ago. I would recommend that the tax title certificate now held by the City be cancelled on he payment of $15.47 ,plus $1.00 cost, making a total of . $16.47. Respectfully submitted, O. E. CARR, City Manager. Councilman Brede move dthat the recommendation of the City Manager be approved and the Treasurer be so notified. Seconded by Council- man Gabriel. Carried by the follow- - ing vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior and Schrempf. Nays —None. Councilman Brede moved that all officers now in office whom the Coun- cil appoints shall continue in their - respective positions, including the 5City Manager, at the pleasure of the Council. Seconded by Councilman Gabriel. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior and Schrempf. Nays —None. 138 Special Session April Petition of Mary Eulberg, referred to the City Solicitor at the meeting of March 25th. Councilman Brede moved that the prayer of the peti- tio be granted and the refund be paid out of the contingent fund, Sec- onded by Councilman Gabriel. Car- ried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior and Schrempf. Nays —None. Councilman Brede moved to sus- pend the rules, to allow any one pres- ent to address the Council. • Second- ed by Councilman Gabriel. Carried by the following vote: Yeas — Mayor Alderson, Council- men Brede, Gabriel, Melchior and Schrempf. Nays —None. No -one addressed the Council. There being no further business, the meeting adjourned. JOHN STUBER, City Clerk. , 1922. 1922. Adopted Approved Councilmen, Attest: City Clerk. 13, 1922 CITY COUNCIL (Official.) Special Session April 13th, 1922. Meeting called by order of Mayor Alderson and Councilman Brede. Council met at 4:30 P. M. Mayor Alderson in the chair. Present —City Manager Carr, Mayor Alderson, Councilmen Brede, Mel- chior and Schrempf. Absent — Councilman Gabriel. Mayor Alderson read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of acting on resolutions of necessity for improv- ing various streets and alleys and constructing sanitary sewers in the City an dacting on any other busi- ness that may come before the meeting. Petition of property owners living on Lois Street, asking that a grade be established in said street from Reeder to Solon Streets and that the salvage from the improvement of Hill and Alpine Streets be used to make Lois Street passable, signed by Walter A. Keck, Henry G. Young, et al, presented. Councilman Brede moved that the petition be referred to the City Manager. Seconded by Councilman Schrempf. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Melchior and Schrempf. Nays —None. Absent — Councilman Gabriel. Petition of Conlin & Kearns and Fischer & Co., Inc., presented, stat- ing that the only street that is con- venient for their business is Sixth Street from Fourth Street to their ice - houses; that the street is prac- tically in an impassable condition and they hereby ask the City to put it in condition so that it can render service to those who need it. They call the attention of the City Coun- cil to this matter now, hoping that the condition will be remedied and the street made passable. Council- man Brede moved that the matter be referred to the City Manager. Sec- onded by, Councilman Melchior. Car- ried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Melchior and Schrempf. Nays —None. Absent — Councilman Gabriel. Petition of property owners on Al- gona Street, asking that said street be improved from Delhi Street to West Fourteenth Street, signed by L. J. Cooley, Jacob Trout, et al, pre- sented. Resolution relative to said street presented. Special Session A Resolution of Necessity. Be it resolved by the City Coun- cil of the City of Dubuque that, upon recommendation of the City Man- ager, it be deemed necessary and advisable to improve Algona Street from the north property line of Del- hi Street to the south property line of West Fourteenth Street, by grad- ing, curbing and guttering with com- bination cement curb and gutters and by paving with either bitumin- ous macadam or vibrolithic paving. Sewer, water and gas connections to be constructed to the lot line wher- ever necessary. Said work to be done in accord- ance with the plans and specifica- tions to be prepared by the City Engineer. The cost and expense of said im- provement will be assessed against all of the property subject to assess- ment for the improvement as is pro- vided by law. Be it further resolved that the above and foregoing improvement is hereby proposed to be made and constructed as hereinbefore set forth and that this proposed resolution (ex- cept this paragraph) be and the same is hereby set down for further and final hearing, consideration and de- termination at a meeting of the City Council to be held the 1st day of May, 1922, at 4:30 p. m., in the Coun- cil Chamber, and that 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 resolu- tion will be considered for passage :;publication in the official newspapers and objections heard, to be given by of the City, in manner and for the time provided by law. The above resolution was approv- ed and ordered placed on file for final action and the not'ce of the pend- ency ordered given this 13th day of April, 1922. Approved: JAMES ALDERSON, L. H. BREDE, ED. SCHREMPF, H. G. MELCHIOR, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Melchior moved that the resolution be approved and placed on file for final action and adoption. Seconded by councilman Schrempf. Carried by the following vote: Yeas —Mayor Alderson, Council- then Brede, Melchior, Schrempf. Nays —None. April 13, 1922 139 Absent — Councilman Gabriel. Petition of the Sisters of St. Fran- cis Convent that a grade be estab- lished on Davis avenue, from the improved west end of Davis avenue, at the north end of Windsor avenue, to the west end of Davis avenue, presente. Councilman Brede moved that the prayer of the petition be granted, and the City Engineer in conjunc- tion with the County establish a grade on said street. Seconded by Councilman Melchior. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Melchior, Schrempf. Nays —None. Absent - Councilman Gabriel. Petition of H. J. and R E. Hager- ty, asking the City Council that they be allowed to pay for the improve- ment of Bluff street in installments, stating that owing to the pressure of other business the matter was overlooked and the ,first payment was not made when due, thereby making the whole assessment due. Action was deferred. Councilman Gabriel entered and took his seat at 4:45 p. m. Petition of Margaret Dawson ask- ing for remission of taxes on her property, lot 79 Union addition, for the year 1922, presented, stating that she is a widow and unable to pay her taxes, her means being very limited, she therefore petitions as herein stated and asks that the tax- es do not remain a lien on the prop- erty. Councilman Brede moved that the petition be referred to the City So- licitor. Seconded by Councilman Schrempf. Carried by the folllow- ing vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior and Schrempf. Nays —None. Councilman Brede moved that the rules be suspended to allow anyone present to address the Council. Sec- onded by Councilman Schrempf. Car- ried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior and Schrempf. Nays —None. F. J. Piekenbrock addressed the Council relative to the improving of Davis avenue. Stating that the County refused to assist in improv- ing said street, stating that the County could not legally do so, but that the committee on the improv- ing of said street had raised the nec- essary money by subscription from the Sacred Heart and St. Mary's parishes. He was told to go on with Council Chamber and that the City Clerk be and he is hereby instructed to cause notice of the pendancy of the above' resolution and the time and place, when and where said res- olution will be considered for .pas - Sage and objections heard, to be giv- en by publicationi in the official news- papers' of the 'city, in manner and for the time provided by law. . The above resolution was ap- proved and ordered placed on file for final action and the notice of the pendency ordered given this 13th day of April, 1922. Approved: JAMES ALDERS ON, L. H. BREDE, ED. SCHREMPF, 11. G. MELCHIOR, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Brede moved that the resolution he approved and placed on file for final action and adoption. Seconded 'by Councilman Gabriel. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior and Schrempf. • 'Nays-None Petition of property owners on South Locust street, presented„ ask- ing that said street be improved from Cannon street to Grandview avenue, signed by MAE H. PEABODY, ALFRED HERRON, JA MCCAULEY, ALICE J. B A resolution covering said street presented. A Resolution of Necessity. Be it resolved by the City Council of the City of Dubuque that, upon recommendation of the City Manag- er, it be deemed n cessary and ad- visable to improve South Locust street, from the north properly line of Grandview avenue, to the south property line of Cannon street, by grading, curb and guttering with combination cement curb and gut- ters and 'b'y paving with either bit- uminous or vibrolithic paving. Said work to be done in accord- ance with the plans and specifica- tions ' to be prepared by the City Engin The cost and expense of said im- provement' will be assessed against all of the property subject to assess- ment for the improvement as is pro- vided 'by law.' Be it further resolved that the above and foregoing •iinprovement is hereby proposed to be Made and constructed as hereinbefore set forth and that this proposed resolution Special Session April 13, 1922 141 (except this paragraph) be and the same is hereby set down for further and final hearing consideration and determination at a meeting of the City Council to be held the 1st day of May, 1922, at 4:30 p. m., in the Council Chamber and that the City Clerk be and he is hereby instruc- ted to cause notice of the pendency of the above resolution and the time and place, when and where said res- olution will • be considered for pas- sage and objections heard, to. be given by publication in the official newspapers of the city, in manner and for the time provided by law. The above resolution was ap- proved and ordered placed on file for final action and the notice of the pendency ordered given this 13th day of April, 1922. Approved: JAMES ALDERSON, L. 11. BREDE, THEO. GABRIEL, ED. SCHREMPF, H. G. MELCHIOR, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Gabriel moved that the resolution be approved and placed on file for final .action and adoption. Seconded by Councilman Brede. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior and Schrempf. Nays —None. A petition of property owners in the vicinity of Twenty - eighth street, asking that the street be repaired and a drainage be installed to drain the water away from the corner of Twenty - eighth and Pine streets, pre- sented. Singed by Christ Fanslow, Peter Geni, Fred Kallenberger et al. Councilman Gabriel moved that the part of the petition pertaining to the repairing of the street be granted. Seconded by Councilman Melchior. Carried by the following vote: Yeas —Mayor Alderson, Council- men Bi ede, Gabriel, Melchior and Schrempf. Nays —None. Petiticn of Mrs. M. E. Briggs, stat- ing that she had paid $100.00 for a cigarette license for one year and only used it two and one half months and therefore 'asks the City to re- fund for the time she did not use it; •presented. The City Solicitor up- on being asked for his legal opinion on the • petition, stated that it could not legally be done. Councilman Melchior moved that the petition be received and filed. a wa' 140 Special Session, April 13, 1922 the work, that the City would pay the $750.00 which the Council pledged at a former meeting. Louis Plamondon addressed the Council, stating that residents on Holly street want a sewer construc- ted in said street. Councilman Brede moved that the matter be referred to the City Man- ager to have plans and resolutions prepared. Seconded by Councilman Gabriel. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior and Schrempf. Nays —None. Mayor Alderson administered the oath of office to Herbert Adams, elected to the office of Park Commis- sioner. Waiver of Change of Grade. Whereas, the grade of Hill street, from West Third street to Wooten street had been established by an ordinance of the City of Dubuque many years ago, and property own- ers between West Third street and Langworthy avenue have construc- ted permanent improvements includ- ing, sidewalks to conform with such established grade as indicated by such curb upon said street; and whereas said grade between station three (3) plus thirty -one (31) and the north curb line of Langworthy avenue upon said Hill street has been changed by lowering the same between said points in order that in the paving and construction of said street the same may have a uniform and easily accessible grade between West Third street and Lang - worthy avenue, and said change in grade is a benefit to the street and to the undersigned property own- ers. Now, therefore, the undersigned property owners do hereby consent to such change in grade by the City of Dubuque and agree not to ob- ject to any assessment which might be levied against their property by reason of such change in grade and waive any rights which they may have, in law or in eqity, for dam- ages on account of such change in grade or due to the fact that their improvements have made to conform with the old established grade. Dat- ed this 15th day of March, 1922. Signed: HENRY G. YOUNG, P. E. STRELAU, C. H. FLANDERS, HENRY GEHRIG. I Katie J. Laude, agree to the above waiver covering change of grade on Hill street and attach my name hereto with the proviso that the City take care of the necessary re- adjustment of the sidewalk along Hill street and the driveway enter- ing my premises without expense to Me. Signed: E. P. LAUDE, KATIE J. LAUDE. Councilman Brede moved that the waiver and stipulation be made a Matter to record. Seconded by Coun- cilman Gabriel. Carried by the fol- lowing vote: Yeas —Mayor Alderson, Council- men • Brede, Gabriel, Melchior and Schrempf. Nays —None Communication of the Key City Gas Co., accepting Gas Ordinance. No action. Communication of E. E. Frith, rel- ative to gargabe contract bond, pre- sented. Councilman Brede moved that the communication be referred to the City Solicitor to draft it in legal form. Seconded by Councilman Mel- chior. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior and Schrempf. Nays —None Petition of P. J. Crowley, asking that the City improve Apple street, presented. A resolution covering same also presented. A Resolution of Necessity. Be it resolved by the_ City Council of the City of Dubuque that, upon recommendation of the City Manag- er, it be deemed necessary and ad- visable to improve Apple stree, from the south property line of Cleveland street, to the north property line of Oak street, by grading, curb and guttering with combination cement curb and gutters, and by paving said portion of said street with either bituminous macadam or vibrolithic paving. Said work to be done occordance with the plans and specification to be prepared by the City Engineer. The cost and expense of said im- provement will be assessed against all of the property subject to assess- ment for the improvement as is pro- vided by law. Be it further resolved that the above and foregoing improvement is hereby proposed to be made and con- structed as hereinbefore set forth and that this proposed resolution (except this 'paragrph) be and the same is hereby set down fer further and final hearing consideration and determination at a. meeting of the City Council to be held the 1st day of May, 1922, at 4:30 p. m., in the 142 Special Session, April 13, 1922 Seconded by Councilman Brede. Car- ried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior and Schrempf. Nays —None. Petition of the Newkirk Battery Co., asking permission to install air service on the Locust street side of this building, at the corner of Eighth and Locust streets, presented. Councilman Brede moved that the petition be received and filed. Sec- onded by Councilman Melchior. Car- ried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior and Schrempf. Nays —None. Petition of Armour & Company, asking privilege to build a platform for loading and unloading cars, on the sidewalk adjoining their Iowa ing, located on Third and streets, presented. Councilman Gabriel moved that the petition be received and filed. Seconded by Councilman Brede. Car- ried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior and Schrempf. Nays —None. A communication from J. V. Cos - ley • and C. C. Dustman, submitting a proposition which will enable the City a means of obtaining the use of waste paper and rubbish recep- tacles gratis, presented. Councilman Brede moved that the communication be referred to the City Manager „to confer with Messrs Cosley and Justman and report back to the Council. Seconded by Coun- cilman Gabriel. Carried by the fol- lowing vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior and Schrempf. Nays —None. A communication of W. W. Pais- ley, offering to pay the sum of $1,500.00 for the tax sale certificates held by the city on lots 4, 5, and 6, of Whelan's Subdivision in the City of Dubuque, Iowa and asks that the City Treasurer be authorized by the Council to endorse and surrender the certificates held by the city against said lots, upon payment by him to the Treasurer of the sum of $1,500.00, presented. Councilman Brede moved that the commmunication be received and filed. Seconded by Councilman Gab- riel. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior and Schrempf. Nays —None. ORDINANCE. AN ORDINANCE ESTABLISHING A GRADE ON GREEN STREET, FROM THE WEST PROPERTY LINE OF ASBURY STREET TO THE DUBUQUE CITY LIMITS. Be it Ordained by the City Council of the City of Dubuque: Sec. 1. That an ordinance estab- lishing a grade on Green Street, from the west property line of As- bury Street to the city limits, be and the same is hereby established as shown by the profile of said street as prepared by the City Engineer, be- ing profile No. 1040. Said grade begins at station 0 +00, same being the west property line of Asbury Street, south curb elevation 283.00, north curb elevation 283.16; thence to station 1+78, east alley line, north curb elevation 271.6, south curb elevation 272; thence to station 1 +98, west alley line, north curb elevation 270.8, south curb ele- vation 270.4; thence to station 3+96, which is the east property line of Finley Street, north curb elevation 258.2, south curb elevation 259.2; thence to station 4 +56, which is the west property line of Finley Street,, north curb elevation 256.00, south curb elevation 257.00; thence to sta- tion 6+00, north curb elevation 251, south curb elevation 252; thence to station 8 +38, which is the city lim- its, north curb elevation 237, south curb elevation 238.00. Sec. 2. This ordinance shall be in force and take effect ten days after its final passage•by the City Council and its publication in the official newspapers of the city. Passed first reading March 31st, 1922. Passed final reading April 13th, 1922. Adopted April 13th, 1922. Approved — JAMES ALDERSON, Mayor. L. H. BREDE, THEO. GABRIEL, ' ED. SCHREMPF, H. G. MELCHIOR, Attest: JOHN STUBER, City Clerk. Published officially in the Times - Journal and Telegraph - Herald news- papers April 17th, 1922. JOHN STUBER, 4- 17 -1t. City Clerk. Councilman Gabriel moved the adoption of the ordinance. Seconded by Councilman Brede. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior and Schrempf. Nays —None. ORDINANCE. AN ORDINANCE ESTABLISHING A GRADE ON DODGE STREET, FROM THE EAST PROPERTY LINE OF LOCUST STREET TO THE WEST RAIL OF THE ILL. CENT. TRACKS ON SHIELDS STREET. Be it Ordained by the City Coun- cil of the City of Dubuque: Sec. 1. That an ordinance estab- lishing a grade on Dodge Street, from the east property line of Loc- ust Street to the west rail of the I11. Cent. tracks in Shields Street, be and the same is hereby established as shown by the profile of said street as prepared by the City Engineer, which is profile No. 1041. Said grade begins at the east property line of Locust Street, which is station 0 +00, north curb elevation 18.00, south curb elevation 18.00; thence to station 2 +07.3, which is the west property line of Harrison Street, north curb elevation 15.6, south curb elevation 15.6; thence to station 2 +71.3, same being the east property line of Harrison Street, north curb elevation 15.6, south curb elevation 15.6; thence to station 5 +04, the same being the west rail of the Ill. Cent. tracks in Shields Street, north curb elevation 17.00, south curb elevation 17.00. Sec. 2. This ordinance shall be in force and take effect ten days after its final passage by the City Council and its publication in the official newspapers of the city. Passed first reading March 31st, 1922. Passed final reading April 31st, 1922. Adopted April 13th, 1922. Approved — JAMES ALDERSON, Mayor. L. H. BREDE, THEO. GABRIEL, ED. SCHREMPF, H. G. MELCHIOR, Councilmen. Attest: JOHN STUBER, City Clerk. Published officially in the Times - Journal and Telegraph - Herald news- papers April 17th, 1922. JOHN STUBER, 4- 17 -1t. City Clerk. Councilman Erode moved the adop- tion of the ordinance. Seconded by Councilman Gabriel. Carried by the folllowing vote: Yeas —Mayor Alderson, Councu- men Brede, Gabriel, Melchior and Schrempf. Nays —None. Special Session, April 13, 1922 143 ORDINANCE NO. —. AN ORDINANCE ESTABLISHING A GRADE ON HARRISON STREET FROM THE SOUTH PROPERTY LINE OF JONES STREET TO THE NORTH PROPERTY LINE OF DODGE STREET. Be it Ordained by the City Council of the City of Dubuque: Sec. 1. That an ordinance estab- lishing a grade on Harrison street from the soutn property line of ,Jones street to the north property line of Dodge street be and the same is hereby established as shown by profile of said street as prepared by the 'City Engineer, being profile No. 1042. Said grade begins at the south property line of Jones street which is Station 0+00, east curb elevation 17.80, west curb elevation 17.80; thence to station 5+28 which is the north property line of Dodge street, east curb elevation 15.60, west curb elevation 15.60. Sec. 2. This ordinance shall be in force and take effect ten ,days after its final passage by the City Council and its publication in the official newspapers of the city. Passed first reading March 31st, 1922. Passed final reading April 13th, 1922. Adopted April 13th, 1922. JAMES ALDERSON, Mayor. L. H. BREDE, Approved : THEO. . GABRIEL, ED. SCHREMPF, H. G. MELCHIOR, Councilmen. Attest: JOHN STUBER, City Clerk. Published officially in the Times - Journal and Telegraph- Herald news- papers April 17th, 1922. JOHN STUBER, 4 -17 -1t City Clerk. Councilman Brede moved the adop- tion of the ordinance. Seconded by Councilman Gabriel. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior and Schrempf. Nays —None. 0 ORDINANCE NO. —. AN ORDINANCE ESTABLISHING A GRADE ON SOLON STREET FROM THE WEST PROPERTY LINE OF ALPINE STREET TO THE EAST PROPERTY LINE OF NEVADA STREET. Be it Ordained by the City Council of the City of Dubuque: Sec. 1. That an Ordinance estab- lishing a grade on Solon street from the west property line of Alpine property line of Farley Street, east curb elevation, 47.35, west curb. ele- vation 48.60. Sec. 2. This ordinance shall be, in force and take. effect ten, days after its final passage by the City Council and its publication in the official newspapers of the city.. Passed first reading March 31st, 1922. Passed. final reading, April 13th, 1922. Adopted April 13th, 1922. Approved — JAMES ALDERSON, Mayor. L, H. BREDE; THEO. GABRIEL,: ED, SCHREMPF, H. G. MELCHIOR,, Councilmen. Attest: JOHN; STUBER:, City Clerk. Published officially in the Times - Journal and Telegraph- Herald news- papers April 17th, 1922. JOHN STUBER, 4.17 -1t. City Clerk. Councilman Brede moved the adop- tion of the ordinance. Seconded by Councilman Schrempf., Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior and Schrempf: Nays—None. ORDINANCE, AN ORDINANCS' ESTABLISHING A GRADE' ON THE ALLEY BE- TWEEN NEVADA STREET AND BOOTH STREET,. FROM THE SOUTH' PROPERTY LINE OF SOLON STREET TO THE NORTH PROPERTY LINE OF DODGE STREET. Be it. Ordained by. the City Council of the City of. Dubuque: Sec:. 1; That an ordinance estab- lishing a; grade on the alley between Nevada Street and Booth Street, from, the south property line of Solon Street to the north property line of Dodge Street, be and' the same is hereby established as, shown by the profile of said street as prepared by the City Engineer, being profile No. 1046., Said grade is established along the center, line of the alley, starting at, station. 0+00,. the south. property line of' Solon- Street, elevation 238.00;. thence, to station 0 +50, ele- vation 238 ;60; thence to station 1-+50,• elevation 232:00;, thence- to station, 2+00,, elevation 229'.00; thence, to. station. 3d-50 elevation 216,00;, thence to, station 5 +00,, ele- vation; 208,00; thence to station 6,+67 north, property line of. Dodge Street, elevation 206.70: Special Session, April. 13,. 1922 145 Sec. 2. This ordinance shall be in force and take effect ten days, after its final passage by the City Council and its publication in the official newspapers of the city. Passed first reading March. 31st, 1922. Pa final reading April 13th 1922• Adopted April- 13th, 1922, Approved — JAMES ALDERSON, Mayor. L. H. BREDE THEO: GABRIEL, ED: SCHREMPF, H. G. MELCHIOR, Attest:, JOHN; STUBER, City Clerk. Published officially in the Times- Journal; andr TelegraphrHerald news- papers April: 17th, 1922. JOHN STUBER, 4- 17 -1t. City Clerk:. Councilman• Brede moved the adop- tion- of the ordinance. Seconded by Councilman Gabr °el: Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel,- Melchior and Schrempf. NaysNone., A. Resolution of Necessity; Be it resolved by the City Council of the City of Dubuque that, upon recommenadtion. of the City Manag- er, it be deemed, necessary and ad- visable. to improve Edwards street, from the west property line of Windsor avenue,. to the east prop- erty line of Queen street, by grad, ing, curb and guttering with com- bination cement curb and gutters and by paving said portion of said street with either bituminous ma- cadam or vibrolithic paving. Said work to be done in accord- ance with the plans and specifica- tions to be prepared by the City Engineer: The cost and expens e of said im- provement will be assessed against all of the property subject to as- sessment for the improvement as is provided by law. Be it furthur resolved that the above and foregoing improvement is hereby proposed to be•made and con= structed as hereinbefere set forth and that this proposed` resolution (except this paragraph)' be and the same is hereby set down for further and final hearing. consideration, and determination at' a meeting of the City, Council' to be held the; 1st day of' May, 1922; at 4':30' p: m., in the Council' Chamber and that the City Clerk be and he is hereby instruct- ed: to cause notice of the pendency of' the' above resolution and' the time Ef 1 i 144 street to the east property line of Nevada street, be and the same is hereby established as shown by the profile of said street as prepared by the City Engineer, being profile No. 1043. Said grade begins at the west property line of Alpine street which is Station 0 +00, north curb elevation 248.70, south curb elevation 266.i0; thence to station 1+00.2, north curb elevation 267.00, south curb elevation 265.60; thence to station" 1+20.2, north curb elevation 266.00 south curb elevation 265; thence to sta- tion 2 +15, north curb elevation 264.80, south curb elevation 264.00; thence to station 3 +17, east prop- erty line of Nevada street, north curb elevation 258.20, south curb elevation 257.50. Sec. 2. This Ordinance shall be in force and take effect, ten days after its final passage by the City Council and its publication in the official newspapers of the City. Passed first reading March 31st, 1922. ' Passed final reading April 13th, 1922. Adopted April 13th, 1922. JAMES ALDERSON, Special Session, April 13, 1922 Said grade begins at the east property line of Asbury street which is station 0 +00, north curb elevation 283.2, south'' curb elevation 283.2; thence to station 1 +98, same be- ing the `west alley line, north curb elevation 266.00, south curb elevation 267.00; thence to station 2+18, same being the east alley line, north curb elevation. 264, south curb elevation 265; thence to station 5+26, same being Avoca street, north curb ele- vation 240.00, south curb elevation 241.00 Sec. 2. This ordinance shall be in force and take effect ten days after its final passage by the City Council and its publication in the official newspapers of the city. Passed t''irst reading March 31st, 1922: Passed final reading April 13th, 1922. ' Adopted April 13th, 1922. JAMES ALDERSON, ,Mayor: L. H. BREDE, Approved: THEO. GABRIEL, E15. SCHREMPF, H. G. MELCHIOR, Coun'cihnerL' Attest: JOHN' STUBER, City Clerk: Published officially in the Times - Journal and Telegraph- Herald news- papers April 17th, 1022: JOHN STUBER, 4 -17 -1t City Clerk. Counclltnan Brede moved the adop- tion of the ordinance. Seconded by Councilman Schrempf. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior and Schrempf. Nays —None. Mayor. L. H. BREDE, Approved: THEO. GABRIEL, EIS. SCREMPF, H. G. MELCHIOR, Councilmen, Attest: JOHN STUBER, City Clerk. Published officially in the Times - Journal and Telegraph - Herald news- papers April 17th, 1922, JOHN STUBER 4 -17 -1t - City Clerk. Councilman Brede moved the adop- tion of the ordinance. Seconded by Councilman Gabriel. Carried by the folllowing vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior and Schrempf. Nays—None. ORDINANCE NO. —. AN ORDINANCE ESTABLISHING A GRADE ON GREEN STREET FROM THE EAST PROPERTY LINE OF ASBURY STREET TO AVOCA STREET. Be it Ordained by the City Coun- cil of the City of Dubuque: Sec. 1. That an ordinance estab- lishing a grade on Green' street from the east property line of Asbury street to Avoca street be; and the same is hereby established as shown b the profile of said 'street as pre- Pared by th'e 'City Engineer being profile No. 1044. ORDINANCE. AN ORDINANCE ESTABLISHING A GRADE ON HIGH BLUFF STREET, FROM THE NORTH PROPERTY ` LINE OF FARLEY STREET TO THE SOUTH PROP- ERTY LINE OF FENGLER STREET. Be it Ordained by the City Council of the City of Dubuque: Sec. 1. That an ordinance estab- lishing a grade on High Bluff Street, from the north property line of Far - ley Street to the south property line of Fengler Street, be and the same is hereby established as shown by the profile of said street as prepared by the City Engineer, which is pro- file No. 1045. Said grade begins at the south property line ' of Fengler Street, which is station 0 +00, east curb ele- vation 46.63, west curb elevation 47.29; thence to station 2+85, north 146 Special Session, April 13, 1922 and place, when and where said resolution will be considered for pas- sage and objections heard, to be giv- en by publication in the official news- papers of the city, in manner and for the time provided by law. The above resolution was a.p- and ordered place on file for final action and the notice of the pend- ency ordered given this 13th • day of April, 1922. Approved: JAMES ALDERSON, L. H. • BREDE, ED. SCHREMPF, H. G. MELCHIOR, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Melchior moved that the resolution be approved and placed on file for final action and adoption. Seconded by Councilman vote: Brede. Carried by the following Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior and Schrempf. . Nays —None. A Resolution of Necessity. Be it resolved by the City Council of the City of Dubuque that, upon recommendation of the City Manag- er, it be deemed necessary and advis- able to improve the alley between Rhomberg avenue and Garfield av- enue, from the west property line of 'Farley street, to the east proper- ty line of Fengler street, by grad- ing and paving with either bitum- inous macadam or vibrolithic pav- ing. Said work to be done in accord- ance with the plans and specifica- tions to bo prepared by the City Engineer. The cost and expense of said im- provement will be assessed against all of the property subject to as- sessment for the improvement as is provided by law. Be it further resolved that the above and foregoing improvement is hereby proposed to be made and constructed as hereinbefore set forth and that this proposed resolution (except this paragraph) be and the same is hereby set down for further and final hearing consideration and determination at a meeting of the City. Council to be held the 1st day of May, 1922, at 4:30 p. m., in the Council Chamber and that the City Clerk be and he is hereby 'instruct- ed to cause notice of the pendency of the above resolution and the time and place, when and where said res- olution will be considered for pas- sage and objections heard, to be giv- en by publication in the official news- papers of the city, in manner and for the time provided by law. The above resolution " was ap- proved and ordered placed on file for final action . and the notice • of the pendency ordered given this 13th day of April, 1922. • Approved: JAMES ALDERSON, L. H. BREDE, ED. SCHREMPF, H. G. MEI',CHIOR, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Melchior woved that the resolution be approved and placed on file for final action and adoption. Seconded by Councilman Schrempf. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior and Schrempf. Nays —None. Resolution of Necessity for Sewer. Be it resolved by the City Council of the City of Dubuque that, it be demed necessary and advisable to construct a six -inch tile sanitary sewer with laterals, in West Four- teenth street, from Delhi street to Algona street. Said sewer to be provided with manholes and any other appjurten- ence that may be necessary. Said sewer- to be constructed in accordance with the plans and speci- fications prepared by the City En- gineer, and now on file in the office of the City Clerk, having been duly approved by the City Manager and submitted to the State Board of Health for approval. That the cost and expense of making and constructing said san- itary sewer shall be assessed against the property abutting upon the same and also against all adjacent prop- erty benefited thereby. Be it further resolved that the above and foregoing sanitary sewer is hereby proposed to be construct- ed. as hereinbefore set forth, and that this proposed resolution( ex- cept this paragraph) be and the same is hereby set down for further aid final hearing, consideration and determination at , a ,meeting of the City Council to be held May 1, 1922, at 4:30 o'clock p. m., and that the City Clerk be and he is hereby in- structed to cause notice of the above resolution, and of the time and place when and where said proposed res- plution will be considered for pas - sage; and objections to the passage thereof and to the construction 'of said sanitary sewer heard, to be given by publication in the official Special Session, newspapers of the City of Dubuque in the manner and for tho time pro- vided by law. The above resolution was approv- ed and ordered placed on file for final action, and notice of the pend- ency thereof ordered given this 13th day of April, 1922. Approved: JAMES ALDERSON, L. H. BREDE, THEO. GABRIEL, ED. SCHREMPF, H. G. MELCHIOR, Councilmen. Attes`.: JOHN STUBER, City Clerk. Councilman Melchior moved that the resolution be -approved and placed on file for final action and adoption. Seconded by Councilman Brede. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior and Schrempf. Nays —None: Published officially in the Tele- graph- Herald and Times - Journal newspapers April 14 and 16, 1922. JOHN STUBER, City Clerk. Resolution of Necessity for Sewer. Be it resolved by the City Council of the City of Dubuque that, it be deemed necessary and advisable to construct a six -inch tile sanitary sewer with laterals in West Four- teenth street, from Algona street to Atlantic street. Said sewer to be provided with manholes and any other appurten- ances that may be necessary. Said sewer • to be constructed in accordance with the plans and speci- fications prepared by the City En- gineer and now on file in the office of the City Clerk having been duly approved by the City Manager and submitted to the State Board of Health for approval, That the cost and expense of mak- ing and constructing said sanitary sewer shall be assessed against the property abutting upon . the same and also against all adjacent prop- erty benefited thereby. .Be it further resolved that the above and foregoing sanitary sewer is hereby proposed to be construct- ed as hereinbefore set forth, and that this proposed resolution except this paragraph, be and the same is hereby set down for further and final hearing, consideration and determ- ination at a meeting of the City Council to be held May 1st, 1922, at 4:30 o'clock p. m., and that the City Clerk be and he is hereby instruct- ed to cause notice of the above res= elution, and of the time and place, April 13, 1922 147 when and where said proposed res- olution will be considered for pas- sage, and objections to the passage thereof, and to the construction of ' said sanitary sewer heard, to be biv- en by publication in the official news- papers of the City of Dubuque in the manner and for the time pro- vided by law. The above resolution was ap- proved and ordered placed on file for fial action, and notice of the pendency thereof ordered given this 13th day of April, 1922. ,Approved: JAMES ALDERSON, L. H. BREDE, THEO. GABRIEL„ ED. SCHREMPF, H. G. MELCHIOR, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Melchior moved that the resolution be approved and on file for final action and adoption. Seconded by Councilman Brede. Car- ried by the following vote: Yeas -Mayor Alderson, Council- men Brede, Gabriel, Melchior and Schrempf. Nays —None. graph- Herald and Times - Journal Published officially in the Tele- newespapers April 14 and 16, 1922. Resolution of Necessity for Sewer. Be it resolved by the City Council of the City of Dubuque that, it be deemed necessary and advisable to construct an eight -inch tile sanitary sewer with laterals in Lemon street, from Thirtieth street to the Mill - ville road. Said sewer to be provided with manholes and any other appurten- ances that may be necessary. Said sewer to be constructed in accordance with the plans and speci- fications prepared by the City En- gineer and now on file in the office of the City Clerk having been duly approved by the City Manager and submitted to the State Board of Health for approval. That the cost and expense of mak- ing and constructing said sanitary sewer shall be assessed against the property abutting upon the same and also against all adjacent property benefited thereby. Be it further resolved that the above and foregoing sanitary sewer is hereby proposed to be construct- ed as hereinbefore set forth, and that this proposed resolution except this paragraph, be and the same is hereby set down for further and final hearing, consideration and de- termination at a - meeting of the City Council to be held May 1st, Be it further resolved that the above and foregoing sanitary sewer is hereby proposed to be construct- ed as hereinbefor eset forth, and that this proposed resolution except this paragraph, be and the same is hereby set down for further and final hearing, consideration and determ- ination at a meeting of the City Council to be held May 1st, 1922, at 4:30 o'clock p. m., and that the City Clerk be and he is- hereby in- structed to cause notice of the above resolution, and of the time and place, when and where said pro- posed resolution will be considered for passage, and objections to the passage thereof and to the construc- tion of said sanitary sewer heard, to be given by publication in the official newspapers of the City of Dubuque in the manner and for the time provided by law. The above resolution was ap- proved and ordered placed on file for final action, and notice of the pendency thereof ordered given this 13th day of April, 1922. Approved: JAMES ALDERSON, L. H. BREDE, THEO. GABRIEL, ED. SCHREMPF, H. Gr. MELCHIOR, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Melchior moved that the resolution be approved and placed on file for final action and adoption. Seconded by Councilman Gabriel. Carried by the following vote: Yeas —Mayor Alderson, Council- man Brede, Gabriel, Melchior and Schrempf. • Nays —None. Published officially in the Tele- graph- Herald and Times - Journal newspapers April 14 and 16, 1922, JOHN STUBER, City Clerk. Resolution of Necessity for Sewer. Be it resolved by the City Council of the City of Dubuque that, it be deemed necessary and advisable to construct a six -inch tile sanitary sewer with laterals in High Bluff street, from Farley street to Feng- .ler street. Said sewer to be provided with manholes and any other appurten- aces that may be necessary. Said sewer to be constructed in accordance with the plans and speci- fications prepared by the City En gineer and now on file in the - office of the City Clerk having been duly approved by the City Manager and Special Session, April 13, 1922 149 submitted to the State Board of Health for its approval. That the cost and expense of mak- ing and constructing said sanitary sewer shall be assessed against the property on the north side of said street and abutting upon the same and also against. all adjacent prop- erty benefited thereby. Be it further resolved that the above and foregoing sanitary sewer is hereby proposed to be construct- ed as hereinbefore set forth, and that this proposed resolution except this paragraph, be and the same is hereby set down for further and final' hearing, consideration and de- termination at a meeting of the City Council to be held May 1st, 1922, at 4:30 o'clock p. m., and that the City Clerk be and he is hereby in- stpucted to cause notice of the above resolution, and of the time and place, when and where isaitl proposed resolution will be consider- ed for passage, and objections to the passage thereof and to the con- struction of said sanitary sewer heard, to be given by publication in the official newspapers of the City of Dubuque in the manner and foi• the time provided by law. The above resolution was ap- proved and ordered placed on file for final action, and notice of the pendency thereof ordered given this 13th day of April, 1922. Approved: JAMES ALDERSON, L. H. BREDE, THEO. GABRIEL, ED. SCHREMPF, H. G. MELCHIOR, Councilmen. Attest: JOHN STUBER,. . City Clerk. Councilman Melchior moved that the resolution be appnoved and placed on file for final action and adoption. Seconded by Councilman Brede. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior and Schrempf. Nays —None. Published officially in the Tele- graph- Herald and Times - Journal newspapers April 14 and 16, 1922. JOHN STUBER, City Clerk. Resolution of Necessity for Sewer. Be it resolved by the City Council of the City of Dubuque that, it be deemed necessary and advisable to construct a six -inch tile sanitary sewer with laterals in Jackson street along the west side of said street, from Twenty- second street to Twenty - fourth street. 14$ Special Session,, 1922,,at 4:30 o'clock p. m.,, and that t the City Clerk be and he is hereby i instructed to cause notice of the above resolution, and of the time and place, when and where said d proposed resolution will be consid- ered for passage, an objections to t the passage thereof and to the con- i struction of said sanitary sewer heard, to be given by publication in the official newspapers. of the City of Dulluque in the manner and for the time provided by law. The above resolution was ap- proved and ordered placed on file for final action, and notice of the pendency thereof ordered given this 13th day of April,, 1922: Approved: • JAMES ALDERSON, L. H. BREDE, THEO. GABRIEL, FAD: SCHREMPF, MELCHIOR, Councilmen, Attest: JOHN STilI }ER,, City Clerk. Councilman- Melchior moved that the resolution} be approved. and placed. on file for action final. actio and adoption. Seconded by Councilman Brede. Carried by the following vote: Yeas —Mayor Alderson, Council- men- Brede, Gabriel•, Melchior and Schrempf Published officially in the Tele- graph and Times- Journal newspapers April 14 and 16, 1922. JOHN STUBER, City, Clerk. Resolution, of. Necessity for Sewer. Be is resolved by the City Council. of the City of Dubuque that, it be deemed necessary, and advisable to contruct a six -inch tile sanitary sewer in, the alley between Elm. street and Pine street, from Seven- teenth street to Nineteenth street. Said sewer to be provided, with manholes and any other appurten- ances that may be necessary. Said sewer to be constructed in accordance with the plans and speci- fications prepared by the City, En - gineer and, now, oq office file in the oce of the City, Clerk having been duly ap- proved, by the City. Manager arid submitted to the, State. Board of ,Health for, approval,, • That the cost and expense. of mak -' ing and constructing said sanitary • Sewer,'shall, be assessed. against the ,property pttipg•, ab upon, the saris ai 1 also, against all adjacent prop erty, benefited, thereby,.. Be, it, . further. resolyed, that. the above, and foregoing, sanitary sewerr 1 is -hereby pxaDosad, to, be, construe. eil, asr hereinbefore s ftxth, and; this paragraph, be and the.. same- I April 13, 1922 hat this proposed resolution except s hereby set down for further and final hearing, consideration and de- termination at a meeting of the City Council to be held May 1st, 1922, at 4:30• o'clock p. m., and that be City Clerk be and he is hereby nstructed to cause notice of the above resolution, and of the time and place, when and where said pro- posed resolution will be considered for passage, and objections to the passage thereof and to the construc- tion of said' sanitary sewer heard, to be given by publication in the offiicial newspap,ei's. of, the City of Dubuque, in the . manner and for the time provided by law. The, above resolution; was approv- ed and ordered placed on file fon final action, and notice of the pen- dency thereof ordered; given; this 13t11 day, of April; 1923., Approved: JAMES ALDERSON, If. H. BREDE,. THEO. GABRIEL,, ED. SCHR1MPF,. • H. GI. MELCHIOR, Councilmen, Attest: JOHN, STUBER,, City Clerk. Councilman Melchior moved that the resolution be approved and placed on file for final action and adeption. Seconded by Councilman Brede. . Carried' by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior and Schrempf. Nays —None. Published officially in the Tele- graph- Herald and Times - Journal newspapers April. 14 and 16; 1922. JOHN STUBER, City Clerk, Resolution of Necessity for Sewer. Be it - resolved by the City, Council of the City. of Dubuque that, it be deemed necessary and advisable to construct a six -inch tile sanitary, sewer in the alley between Elm street and, Pine street, from Twelfth street to Thirteenth street. Said sewer to be provided with manholes and; any other appurten- ances that may be necessary. Said i ewer to be constructed in accordance with the plans and speci- fications. prepared: by- the City En- gineer- and i%ow on file in the office of the City, Clerk having been duly approved' by the City- Manager and ,iibmitted to the State Board of Health; for- approval. That, the cost and expense of mak- ing and constructing, said, sanitary, sewer shall be assessed against the, proper tY abutting; upon, the, same: and, also, against., all, adjacent. prop- ■erty lieneilted, thereby, ti • hi 4 Seconded by Councilman Melchior. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior and Schrempf. Nays —None. Published officially in the Tele- graph- Herald and Times - Journal newspap ers April 14 and 16, 1922. To the Honorable Mayor and Coun- cil of the City of Dubuque. Gentlemen: Some time ago prop- erty owners living on Dorgan place complained about the fact that the street was being improperly occu- pied by some sheds or garages be- longing to Mr. Ruttier which it was claimed occupied a part of the street. This matter was referred to me and the Engineer for inves- tigation and we report to you the following: We find that in 1910 a plat of Dorgan place or Dorgan lane as sub- mitted by the Engineer was approv- ed by the Council. This plat shows the width and general direction of Dorgan lane. The measurements as shown Upon this plat have been checked over by the Engineer and he advises that only a very small corner of these sheds extend into Dorgan lane and that the sheds are practically off of the street. We have also measured Mr. Ruttler's lot .and find that he occupies only such amount of ground as was deed- ed to him by his grantor and since that time no conveyance was made by Mr. Ruttler to the City. It seems that originally Dorgan Lane was platted in a more or less direct line or course and ended with the alley which runs in a northerly and southerly direction into West Seventeenth street. But the course of this lane has been changed and apparently the City has occupied it with its street —this lane in its changed course. However, this might be the plat which was adopted by the city in 1910, which seems to be the official plat, and, in determining distances, we were governed by this plat. As said before, we do not find that Mr. Ruttler's sheds occupy any considerable portion of this street or lane, taking the plat as a basis for measurement. We also feel that the record in- volved in this matter is so incom- plete that to attempt to require the removal of these sheds entirely from the street would involve a law suit for the City which might be more expensive than the facts warrant. In view of all the facts above stated, we feel that the request of the prop- erty owners for the removal of these Special Session, April 13, 1922 151 buildings should be received and flied.'; Respectfully submitted, M:' H. CZIZEK, City Solicitor W. H. CULLEN, City Engineer. Councilman Brede. moved, that the report of the City,. Solicitor and City Fingiueer be approved- and the peti- tion be received and filed.. Seconded by Counoilman - Schrempf., Carried by the following vote: Yeas Mayon Alderson, Council- men Brede, Gabriel, Melchior' and ' •Schrempf. - Nays =None. Tq the. Honorable Mayor and Coun- cil of the City of Dubuque. Gentlemen: The petition of R. B. Moffat, as Trustee of the Estate. of Mary L. Farley, asking for a refund of taxes collected by the City for 1918, 1919 and 1920, all in the sum of Three `Hundred Forty -Seven Dollars and Fifty -Two 'Cents ($347.52), upon moneys and •credits - has been re- ferred to me. I' beg to advise you that this petition and request , should be received and filed, since the tax as paid has been a voluntary pay- ment and there is no provision of law authorizing the refund even if the tax was illegally levied. I am in- clined to believe, however, that this i •vas not upon moneys and credits but neon money capital. However, this may be, but there is not relief for the petitioner. Respectfully submitted, M. 11. CZI City Solicitor. Coucilman Schrempf moved that the report of the City Solicitor be approved and the petition be re- ceived and filed. Seconded by Coun- cilman Gabriel. Carried by the fol- lowing vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior and Schrempf. Nays —None. Warranty deed of Mary Ryan, sin- gle, conveying to the City of Du- buque, Iowa, for the sum of $250.00, Lot Eleven (11) in Coates' Dubuque; also sworn affidavit by Mary Ryan stating that she is the only surviv- ing heir at law of the late Thos. Ryan, Edward Ryan and John Ryan, all deceased, acquiring the interest of all of them in said above described premises, presented. Councilman Brede moved that the City Clerk place on record the deed and affidavit of Mary Ryan and file ' the same with the abstract in his of- •L i d li 1=50 Special Session, Aprii•,13, 1922 Said • sewer to be provided with manholes and any other .appurten- ances that may- be . necessary. Said sewer to be - constructed in aCcordance the -plans and speci- fications prepared by the City En- gineer and now on file in the office of the City- Clerk having duly been ap- proved by the City' Manager and forwarded to. the- State Board of Health ,for its approval. • That the cost and expense of mak- ing and Constructing said sanitary sewer shall be assessed against the property on the west side of said street, abutting- upon the same and also against all adjacent property benefited thereby; - Be it fu rther resolved that .the above. and forgoing sanitary , sewer is hereby proposed, to be construct- ed. as hereinbefore set.. forth, and that this proposed resolution except this paragraph,_ be and the same is hereby set down for further and - final hearing,, consideration and de- termination at meeting of the City Council to be. held May 1st, 1922, at 4:30 o'clock p. m., and that the City Clerk. be and he is hereby in- structed to cause notice of the above resolution, and _ of the time and place, when and where said pro- posed resolution will be considered for passage, and objections to the passage thereof and- to the construc- tion of said sanitary sewer heard, to be given by publication in the official newspapers of the City of Dubuque in the manner and for the time provided by law. • The above resolution was ap- proved and ordered, placed on file for final action, and notice of the pendency thereof ordered given this 13th day of April, 1922. Approved: JAMES -ALDERSON, L. H. BREDE, THEO. GABRIEL, ED. SCHREMPF; H. G. MELCHIOR, Councilmen. City Clerk. Attest: JOHN STUBER, Councilman Gabriel moved that the resolution be approved•and put tion. Seconded by Councilman on file for final action and adop- Schrempf. Carried by the following vote: - Yeas — Mayor Alderson, Council- men Brede, a)Griel, 1plelchior and Schrempf. • .. . - . Nays — None - Published officially in the Tele- graph- Herald: ' and Times - Journal newspapers April 14 and 1,6; JOHN - STUBER, • -- City - Clerk:; - Resolution of Necessity for Sewer. Be it resolved' by the City Council of the City of Dubuque that, it be ceeined- =necessary and advisable to construct - a six -inch tile sanitary sewer in the alley between Wash- ington street and Elm street, from Twenty- seventh street to. Thirtieth street. Said sew er to be provided with manholes and any other appurten- ances that may be necessary. 'Said sewer to be -constricted in accordance with the plans - and speci- fications prepared by - the City En- gineer and now on file in the office of the City Clerk having been duly approved by the City Manager and submitted • to the State- Board of Health for approval. • That the cost and expense of mak- ing and constructing said sewer shall be assessed against. the, prop - erty en ` the west ,side.. of. , alley and abutting upon. the same and also against all adjacent, property benefited thereby. - Be it further resolved that the above and foregoing sanitary sewer is hereby proposed to be construct- ed as hereinbefore set forth, and that this proposed resolution except this paragraph, - be and the same is hereby set down for further and final hearing, consideration and de- termination at a meeting of the City Council to be held May 1, 1922, at 4:30 o'clock P. m., and that the City Clerk be and he is hereby instructed to ,cause notice of, the above reso- lution, and of the time and place, when and where said proposed reso- lution will be considered for pas- sage, and objections to the passage thereof and to the construction of said sanitary sewer heard, to be given by publication in the official newspapers of the City of, Dubuque in the manner and for the time provided by -law. The above resolution was approv- ed and ordered placed on file for final action, and notice of, the pen- dency thereof ordered .given this 13th day of April,, 1922. Approved: JAMES ALDERSON, L. H. BREDE, . THEO, GABRIEL, ' El). SCHREMPF, - 'H. G. 'MELCHIOR, Councilmen, Attest: JOHN •STUBER, - ' City Clerk. Councilman::Brede moved that the resolution; be; - approved • and; placed en fil•for final - and adoption. 152 Special Session, April 13, 1922 fice. Seconded by Councilman Ga- briel. Carried by the following, vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior and Schrempf. Nays —None. The Clerk was authorized to again notify the County Treasurer to ac- cept from Josephine Wasser City taxes in the same sum as she paid last year on City N. 1 /2 of N. W. 1 -5 of Lot 482. The bond of Herbert Adams, Park Commissioner, presented. It being properly executed, Councilman Ga- briel moved that it be received and filed. Seconded by Councilman Brede. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior and Schrempf. Nays —None. Bond of the Dubuque Auto -Tire and Accessories Co. for the operation and maintenance of a display sign, presented. It being properly exe- cuted, Councilman Gabriel moved that it be received and filed. Car- ried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior and Schrempf. Nays —None. Motion made to adjourn. Carried. JOHN STUBER, City Clerk. Adopted , 1922. Approved , 1922. Councilmen Attest: City Clerk. CITY COUNCIL (Official.) Regular Session May 1, 1922. Council met at 4:30 p. m. Mayor Alderson in the Chair. Present —City Manager Carr, Ma- yor Alderson, Councilmen Brede, Gabriel, Melchior. Absent— Councilman Schrempf. Notice of publication certified to . by the publisher, that on recommen- dation of the City Manager it be deemed necessary and advisable to improve each of the following streets, presented: South Locust Street from the North property line of Grandview Avenue to the South property line of Cannon street, by grading, instal- lation of concrete curb and gutter and by paving with either bitumin- ous macadam or vibrolithic paving. Apple Street from the'South prop- erty line of Cleveland Avenue to the North property lne of Oak Street, by grading,. installation of concrete curb and gutter and by paving with either bituminous macadam or vibro- lithic paving. Algona Street from the North property line of Delhi Street to the South property line of West Four- teenth Street by grading, installa- tion of concrete curb and gutter and by paving with either bitumin- ous macadam, or vibrolithic paving; also by the installation of sewer, water and gas connections wherever found necessary. Edward Street from the West property line of Windsor Avenue to the East property line of Queen Street by grading, installation of concrete curb and gutter and by paving with either bituminous ma- cadam or vibrolithic paving. Alley between Rhomberg Avenue and Garfield Avenue from the West property line of Farley street to the East property line of Fengler Street by grading and by paving with eith- er bituminous macadam or vibro- lithic paving. Councilman Brede moved that the notices be received and filed. Sec- onded by Councilman Gabriel. Car- ried by the following vote: Yeas — Mayor Alderson, Council- men Brede, Gabriel, Melchior. Nays —None. Absent — Councilman Schrempf. Councilman Brede moved that the rules be suspended to allow any one present to address the Council. Seconded by Councilman Gabriel. Carried by the following vote: Regular Session, May 1, 1922 153 Yeas — Mayor Alderson, Council- men Brede, Gabriel, Melchior. Nays —None. Absent — Councilman Schrempf. A remonstrance against the im- provement of South Locust street, signed by John Brady, Everett Brown, O. H. Simonds et al, asking that the improvement be not made at this time, but that the same shall be held in abeyance until such time as the interested parties again ask action on part of the Council; stat- ing that South Locust street from Southern Avenue is approximately 3,100 feet long and is in no way a traveled thoroughfare, and therefore to improve only 277 feet on the south end of this street would in no way serve the general public; were the general public to be bene- fitted by this improvement no pro- test would be filed. Certain of the petitioners hereto are not subject to assessment for this contemplated improvement, but participate in this remonstrance as evidence that the improvement is unnecessary at this time from the viewpoint of the neighborhood. Councilman Schrempf entered and took his seat at 4:35 p. m. Miss Mae Peabody and Mrs. Blount addressed the Council rela- tive to said improvement, stating that they wanted the improvement made, that it is very necessary that the work should be clone. that the street is at times in very bad condi- tion. Mr. O. L. Simonds, one of the signers of the remonstrance, ad- dressed the Council, stating that Miss Peabody and Mrs. Blount would surely be benefitted by the improve- ment, but personally thinks that the driveway was in a very fair condi- tion and that work of improving this part of the street should be deferred until the City saw fit to improve the whole street. Councilman Brede moved that action on this matter be deferred until the next meeting of the City Council. Seconded by Coun- cilman Gabriel. Carried by the following vote: Yeas — Mayor Alderson, Council- men Brede, Gabriel, Melchior, Schrempf. Nays —None. A remonstrance against the im- provement of Apple Street. signed by Mrs. Mary Dolan, Mrs. Ella O. Marhan, Phil. Lavery et al. pre - sented, stating that the road is in fair condition and that all it needed was a little repairing. and asked that the Council give the street a thorough inspection before improv- ing it. Mr. Roddy, a resident on said street. addressed the Council in fa- vor of having the street improved,