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1921 June Council ProceedingsCITY OOUNOIL (Official.) Regular Session June 6th, 1921. Council met at 4:30 P. M. Mayor Alderson in the chair. Present —City Manager Carr, May- or Alderson, Councilmen Brede, Mel- chior. Absent — Councilmen Gabriel, Rooney. A proposed Ordinance requiring roof coverings to be of standard quality, prohibiting wood shingles to be used and providing a penalty for violation thereof. Presented for first reading. Councilman Brede moved that the rules be suspended for the purpose of allowing any one present to address the Council. Seconded by Councilman Melchior. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Melchior. Nays —None. Absent — Councilmen Gabriel, Rooney. Mr. John Kerper addressed the Council relative to proposed Ordin- ance. Councilman Gabriel entered and took his seat at 4:35 P. M. Councilman Brede moved that ac- tion be deferred and Ordinance re- drafted and congested limits only included. Seconded by Councilman Gabriel. Carried by the following vote: Yeas—Mayor Alderson, - Council men Brede, Gabriel, Melchior. Nays —None. Absent — Councilman Rooney. Petition of residents asking that steps be placed on Catherine Street between Angella Street and West Seventeenth Street. Mr. Egelhof ad- dressed the Council relative to the steps. Councilman Melchior moved that action be deferred and the Council view the grounds. Seconded by Councilman Gabriel. Carried by the following vote: Yeas — Mayor Alderson, Council- men Brede, Gabriel, Melchior. Nays —None. Absent — Councilmen Rooney. Committee representing the Du- buque Retail Merchants —B. Rueg- nitz, Mr. Edeson and Clark— address- ed the Council relative to revising the City License for soda - fountains and eoualizing the tax on the same. Mr. Kuehnle addressed the Council relative to sewer in West Seven- teenth Street, stating that he favor- ed the construction of the same. E. E. Frith addressed the Council, claiming he is losing money on his garbage contract, asking the Council to give him assistance. Regular Session, June 6th, 1921 123 Councilman Rooney entered and took his seat at 4:45 P. M. Report of City Manager Carr recommending the construction of a sanitary sewer and installation of water main on Seventeenth Street, between Catherine Street and Cox Street. Councilman Brede moved that the recommendation of the Man- ager be approved. Seconded by Councilman Melchior. Carried by the following vote: Yeas — Mayor Alderson, Council- men Brede, Gabriel, Melchior, Rooney. Nays —None. June 6th, 1921. City Council, Dubuque, Iowa. Gentlemen: —I would recommend that the City Council pass a resolu- tion ordering all property owners on the following streets to connect with the water, ' sewer and gas, prior to August 1st, 1921, as these streets in my judgment should be improved next year and connections should therefore be made this year. Twenty -first Street from Central Avenue to Elm Street. Lincoln Avenue from Elm Street to Hamilton Street, formerly Second Avenue. Jackson Street from Eleventh Street to Twenty- second Street. Alpine Street from West Third Street to Dodge Street. Langworthy Avenue from James Street to Nevada Street. Hill Street from Third Street to Wooten Avenue. Fifth Street from Hill Street to Nevada Street. Winona Street from Third Street to Fifth Street. Alta Vista Street from Union Ave- nue to Fifth Street. Respectfully submitted, O. E. CARR, City Manager. Councilman Brede moved that the recommendation be approved. Sec- onded by Councilman Rooney. Car- ried by the following vote: Yeas — Mayor Alderson, Council- men Brede, Gabriel, Melchior, Rooney. Nays —None. A Resolution. Be it resolved by the City Council of the City of Dubuque that all per- sons owning property abutting the following streets on Twenty -first Street from Central Avenue to Elm Street. Lincoln Avenue from Elm Ptreet to Hamilton Street. Jackson Street from Eleventh Street to Twentv- second Street. Alpine Street from West Third Street to Dodge Street. Langworthy Avenue from .Tames Street to Nevada Street, Hill Street from Third Street to Wooten Avenue, Fifth Street from Hill Street 124 Regular Session, June 6th, 1921 to Nevada Street, Winona Street from Third Street to Fifth Street and Alta Vista Street from Union Avenue to Fifth Street, not already connected with water, sewer and gas, be instructed by the City Engi- neer to make such connections with- out delay. Said work to be com- pleted prior to August 1st, 1921. Be it further resolved that in the event that any of the persons own- ing property abutting on the above named streets fail to make said con- nections in the time specified, that the City Engineer be and he is here- by instructed to prepare plans and specifications for doing said work bY contract and assessing the same to the property benefitted. Adopted June 6th, 1921. Approved June Gth, 1921. JAMES ALDERSON. THEO. GABRIEL. M. B. ROONEY. L. H. BREDE. Councilmen. Attest: JOHN STUBER, City Clerk. Council Brede moved that the resolution be adopted. Seconded by Councilman Gabriel. Carried by the following vote: Yeas — Mayor Alderson, Council- men Brede, Gabriel, Melchior, Rooney. Nays —None. Resolution of Necessity for Sewer. Be it Resolved by the City Coun- cil of the City of Dubuque, that it be deemed necessary and advisable to construct a sanitary sewer in West Seventeenth Street; a six -inch tile sanitary sewer in West Seven- teenth Street from the end of the present sewer in said street to Cox Street. Said sewer to be provided with manholes and any other appur- tenances that may be necessary. Said sewer to be constructed in ac- cordance with the plans and specifi- cations prepared by the City Engi- neer and now on file in the office of the City Clerk, having been duly ap- proved 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 benefitted thereby. Be it further resolved that the above and foregoing sanitary sewer is hereby proposed to be constructed as hereinbefore 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 the City Coun- cil to be held June 28th, 1921, at 4:30 o'clock P. M., and that the City Clerk be and he is hereby instructed to cause notice of the above resolu- tion, and of the time and place when and where said proposed resolution will be considered for passage, and objections to the passage thereof and to the construction of said sani- tary sewer heard, to be given bY publication in the official newspapers of the City of Dubuque in the man- ner 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 pen- dency thereof ordered given this 6th day of June, 1921. Approved: JAMES ALDERSON, Mayor. H. G. MELCHIOR, THEO. GABRIEL, M. B. ROONEY, L. H. BREDE, Councilmen. Attest: JOHN STUBER, City Clerk. Published officially in the Tele- graph- Herald and Times - Journal newspapers June 7th, 1921. Councilman Brede moved that the resolution be approved and placed on file. Seconded by Councilman Gab- riel. Carried by the following vote: Yeas — Mayor Alderson, Council- men Brede, Gabriel, Melchior, Rooney. Nays —None. A Resolution of Necessity. Be it Resolved by the City Coun- cil of the City of Dubuque, that up- on recommendation of the City Man- ager, it be deemed necessary and advisable to improve Bluff Street from the north property line of Eighth Street to the intersection of Bluff Street and Locust Street by curbing with new cement curb where necessary and by paving said portion of said street with a bitum- inous wearing surface on the pres- ent foundation. Said work to be done in accordance with the plans and specifications to be prepared by the City Engineer. The cost and ex- pense of said improvement will be assessed against all of the property subject to assessment for the im- provement 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 28th day of June, 1921, at 4:30 P. M., in the Council 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 reso- lution will be considered for passage and objections heard, to be given 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 6th day of June, 1921. Approved: JAMES ALDERSON, Mayor. H. G. MELCHIOR, THEO. GABRIEL, M. B. ROONEY, L. H. BREDE, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Brede moved that the resolution be approved and placed on file. Seconded by Councilman Roon- ey. Carried by the following vote: Yeas— Mayor Alderson, Council- men Brede, Gabriel, Melchior, Rooney. Nays —None. Report of City Manager Carr, rela- tive to petitions referred to him by the Council and signed by John Dan- iels and Mr. Gunn, recommending that city licenses be issued to these parties for the sum of $25 per year allowing them to operate a popcorn stand. Presented. Councilman Brede moved that the petition be received and filed. Seconded by Council Gab- riel. Carried by the following vote: Yeas — Mayor Alderson, Council- men Brede, Gabriel, Melchior, Rooney. Nays —None. Petition of J. P. Scanlon asking for a reduction in assessment for the improvement of Grand View Avenue on Lot 20, abutting on South Booth Street, presented. Council- man Brede moved that the petition be received and filed. Seconded by Councilman Gabriel. Carried by the following vote: Yeas — Mayor Alderson, Council- men Brede, Gabriel, Melchior, Rooney. Nays —None. June 4th, 1921. City Council, Dubuque, Iowa. Gentlemen: —I am in receipt of a letter from Mr. Frank Bresee, who advises me that the Board of Review raised his assessment from $500 to $1,000, and also that he received no notice of the raise in assessment. I have investigated the matter in the office of the City Assessor, who re- ports that at the time the assess- ment was made, in 1920, Mr. Breese was then selling out his stock pre- Regular Session, June 6th, 1921 paratory to going out of business. He is now out of business and he had very little stock on hand when the assessment was made. I would therefore recommend that the Coun- ty Treasurer be instructed to reduce the taxes against the personal prop- erty of Frank Bresee from $14 to $7. Respectfully submitted, O. E. CARR, City Manager. Councilman Rooney moved that the recommendation of the City Manager be approved and the Coun- ty Treasurer be so notified. Second- ed by Councilman Brede. Carried by the following vote: Yeas — Mayor Alderson, Council- men Brede, Gabriel, Melchior, Rooney. Nays —None. June 3rd, 1921. City Council, Dubuque, , Iowa. Gentlemen: —Some time ago a pe- tition of property owners on Cox Street, near Union Avenue, request- ing that a walk be constructed in front of Lots 3, 9, 10 and 11, Jack- son School Subdivision, was referred to the City Manager for investiga- tion and report. Lot 3 belongs to C. E. Gordon and has a frontage of 100.5 feet. Lots 9, 10 and 11 belong to J. H. Bradley and have a frontage of 123.6 feet. Mr. Bradley is one of the signers of the petition. There are, I believe, three other improved lots on this same street which have sidewalks already constructed. I would recommend that a notice be served on these property owners to construct a four -foot sidewalk in front of their premises. In the event of their failure to do so, the City. will award a contract and construct the same at their expense. Respectfully submitted, O. E. CARR, City Manager. Councilman Brede moved that the recommendation be approved and resolutions be prepared covering the same. Seconded by Councilman Roon- ey. Carried by the following vote: Yeas — Mayor Alderson, Council- ran Brede; Gabriel, Melchior, Rooney. Nays —None. June 2nd, 1921. City Council, Dubuque, Iowa. Gentlemen: —Some time ago a pe- tition for cancellation of taxes, as filed by Mrs. Anna Fischer, of 929 High Bluff Street, was referred to the City Manager for investigation and report. I beg leave to advise that the prop- erty referred to is Lot 41, Cooper's Addition, and was assessed in 1919 at $1,030. I would say it was worth 125 126 Regular Session, June 6th, 1921 twice that amount. City taxes now due on this property amount to $17.36. In past years since Mr. Fis- cher's death they have been paid by Mr. Trewin, who holds an $800 mort- gage against this property. This property has been exempted from County taxes since 1918. Mrs. Fischer has five, children, the oldest daughter being about twenty - one and the next daughter about nineteen. The second daughter is now working. There is also a little grandchild at the house. Mrs. Fis- cher undoubtedly has a very hard time of it to support her family and to pay the interest on taxes against the place. If it were legally possible to do so, I would recommend that the taxes against her property be cancelled. Respectfully submitted, O. E. CARR, City Manager. Councilman Brede moved that the matter be referred to the City Solic- itor to report back to the Council. Seconded by Councilman Rooney. Carried by the following vote: Yeas— Mayor Alderson, Council- men Brede, Gabriel, Melchior, Rooney. Nays —None. June 2nd, 1921. City Council, Dubuque, Iowa. Gentlemen: —Some weeks ago, a petition by Mrs. Margaret Dawson, 592 Cleveland Avenue, in which she asks for the cancellation of City taxes, was referred to the City Man- ager for investigation and report. I have investigated this matter and wish to report as follows: This property was assessed in 1919 at $1,330 and is probably worth, at this time, double that amount. I find that there have been no City taxes paid on this property since 1911. The 1914 taxes were by order of the Council, to remain a lien without in- terest. Similar action was taken by the Council on September 2d, 1920. All other years the taxes have been cancelled. I also find that this prop- erty has been exempted from the County taxes since 1919. I find that Mrs. Dawson has two fully matured daughters, both of them are regularly employed and who live at home. I can therefore see no reason for either the cancel- lation of these taxes nor for per- mitting them to remain a lien with- out interest. Very respectfully, O. E. CARR, City Manager. Councilman Brede, moved that the recommendation be approved, the petition denied and Mrs. Dawson so advised. Seconded by Councilman Gabriel. Carried by the following vote: • Yeas — Mayor Alderson, Council- men Brede, Gabriel, , Melchior, Rooney. Nays —None. An Ordinance providing for the re- pair, removal or abatement of dan- gerous structures and buildings which are, by reason of age, condi- tion or other causes nuisances. Councilman Brede moved that this be considered the first reading of the ordinance. Seconded by Councilman Rooney. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior, Rooney. Nays —None. Councilman Brede moved that the rules be suspended for the purpose of reading the ordinance by its title. Seconded by Councilman Rooney. Carried by the following vote: Yeas — Mayor Alderson, Council- men Brede, Gabriel, Melchior, Rooney. Nays —None. Councilman Brede moved that the ordinance be adopted. Seconded by Councilman Rooney. Carried by the following vote: Yeas — Mayor Alderson, Council- men Brede, Gabriel, Melchior, R- ooney. Nays —None. A Resolution. Whereas, the building on the west 1 /? of City Lot 254, located on the north side of Eighth Street between Iowa Street and Central Avenue, in the City of Dubuque, and owned by J. H. Rhomberg, is in a very danger- ous and hazardous condition and is a menace to life and property, and Whereas, the above described building has been inspected by the Chief of the Fire Department and its condition reported and the building roped off on the 1st day of June, 1921, and Whereas, on the 3rd day of June, 1921, the Chief of the Fire Depart- ment served on the owner of said building a personal notice to remedy the existing condition, and Whereas, J. H. Rhomberg, the owner, has not seen fit to comply with said notice, now therefore Be it resolved by the City Council of the City of Dubuque, that J. H. Rhomberg, the owner of the build- ing on the west 1/2 of City Lot 254, located on the north side of Eighth Street between Iowa Street and Cen- tral Avenue, be and the same is hereby notified that said building is in a dangerous and hazardous condi- tion and amenace to life and prop - erty because of age and dilapidation, and Be it further resolved that said owner, J. H. Rhomberg, be instruct- ed to remove said building by the 15th day of June, 1921. Be it further resolved that the Chief of Police be, and he is hereby instructed, to serve or cause to be Served upon said J. 11. Rhomberg, a written notice of the passage of this resolution, together with a copy thereof, instructing said J. H. Rhom- berg to appear before the City Coun- cil at a meeting to be held on the 15th day of June, 1921, at 4:30 P. M., and show" cause, if any there be, why such structure should not be removed. Adopted June 6th, 1921. Approved: JAMES ALDERS ON, Mayor. H. G. MELCHIOR, TH1O. GABRIEL, M. B. ROONEY, L. H. BREDE, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Brede moved that the resolution be adopted. Seconded by Councilman Gabriel. Carried by the following vote: Yeas — Ida'i or Alderson, Council- men Brede, Gabriel, Melchior, Rooney. Nays —None. A Resolution. Whereas, the building on the north 1 / 2 of- City Lot 303;' located on' the east side of Central Avenue between Fourth' Street and Fifth 'Street,' in the City of Dubuque, and owned by J. H.' Rhomberg, is in a very` danger- ous acid'hazardons condition and is a ' menaco. to life and property,' and Whereas, the above described building has been inspected by the Chief of the Fire Department and its condition reported and the building roped off on the 26th day of May, 1921, and Whereas, during the month of No- vember,1920, the Acting Chief of the Fire Department served on the own- er of said building a personal notice to remedy 'the existing condition, and Whereas, J. H. Rhomberg, the owner, has not seen fit to comply with said notice, now therefore Re it resolved by the City Council of the City of Dubuque, that J. H. Rhomberg, the owner of the building on the north 1 / ? of City Lot 303, lo- cated on the east side of Central Avenue between Fourth Street and Fifth Street, be and he is herby no- tified that said building is in a dan- gerous and hazardous condition and a menace to life and property be- cause, of age and dilapidation. and )3e it further resolved that said Regular Session, June 6th, 1921 127 owner, J. H. Rhomberg, be instruct- ed to remove said building by the 15th day of June, 1921. Be it further resolved that the Chief of Police be, and he is hereby instructed to serve or cause to be served upon said J. H. Rhomberg, a written notice of the passage of this resolution, together with a copy thereof, instructing said J. H. Rhom- berg to appear before the City Coun- cil at a meeting to be held on the 15th day of June, 1921, at 4:30 P. M., -and show cause, if any there be, why such structure should not be removed. Adopted June 6th, 1921. Approved: JAMES ALDERSON, Mayor. H. G. MELCHIOR, THEO. GABRIEL, M. B. ROONEY, L. H. BREDE, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Brede moved that the resolution be adopted. Seconded by Councilman Gabriel. Carried by the following vote: Yeas— Mayor Alderson, Council- man Brede, Gabriel, Melchior, Rooney Nays —None. An Ordinance to prevent and sup- press riots, noise, disturbance or dis- orderly assemblies, and providing that before any association, com- pany, society, order, exhibition or aggregation of persons shall parade, march or collect upon the streets of the City of ubuque, they shall first obtain from the Manager or Mayor of such City a permit, and providing a punishment for violation hereof. Councilman Gabriel moved that this be considered the first reading of the ordinance. Seconded by Council- man Brede. Carried by the follow- ing vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior, Rooney. Nays —None. Councilman Brede moved that the rules be suspended for the purpose of reading the ordinance by its title. Seconded by Councilman Gabriel. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior, Rooney Nays —None. Councilman Brede moved that the ordinance be adopted. Seconded by Councilman Gabriel. Carried by the following vote: Yeas — Mayor Alderson, Council- men Brede, Gabriel, Melchior, Rooney. Nays — None. 128 Regular Session, June 6th, Report of the City Water Works for the month of May, 1921. Pre- sented. Councilman Brede moved that the report be approved. Sec- onded by Councilman Gabriel. Car- ried by the following vote: Yeas — Mayor Alderson, Council- men Brede, Gabriel, Melchior, Rooney. Nays —None. Councilman Brede moved that the Council decline to purchase the Mc- Carthy property in the Standard Lumber Co. Addition as an addition to the Allison - Henderson Park. Sec- onded by Councilman Rooney. Car- ried by the following vote: Yeas — Mayor Alderson, Council- men Brede, Gabriel, Melchior, Rooney. Nays —None. Councilman Melchior left his seat at 5:50 P. M. 1921 Board of Health Regular session, June 6th 1921. Board of Health met at 5:50 P. M. Mayor Alderson in the chair. Present —Mayor Alderson, Council- men Brede, Gabriel, Rooney. Absent— Councilman Melchior. Report Dr. Steelsmith recommend- ing that resolutions be adopted or- dering John Schadler, Eliza Cum- mings, Ernest Luchterhand and Mrs. Termawald, as they have not com- plied with request to call at office and explain why they should delay in making connections; also stating that Mrs. Mary A. Moyer desired the City to have work done and assess cost to property, presented. Council- man Brede moved that the recom- mendation of Dr; Steelsmith be ap- proved. Seconded by Councilman Gabriel. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel and Rooney. Nays —None. Absent — Councilman Melchior. Resolutions ordering the following named parties to connect property with sanitary sewer and clean vault were presented: F. H. and Mrs. Rosaline Holland, 1913 -1915 Central Avenue, Sub. 438 -439 and part of City 676, Lot 3, Sub. 438 -439, and part of City 676, Lot 4; Chas. Thom- as, 60 Valeria Street, Weland's Sub., Lot 13; Schrup Motor Car Co.,' Tony Schrup, Agent, 39 Belmont, E. E. Jones Sub., Lot 11; Mrs. John Butler, 1876 Washington Street, East Du- buque Addition, N. 1 /2 of Lot 98; David Lorenz, 749 Nineteenth Street, East Dubuque Add., E. of Lot 21, all of Lot 20. Councilman Brede moved that the resolutions be adopt- ed. Seconded by Councilman Rooney. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel and Rooney. Nays —None. Absent — Councilman Melchior. Councilman Brede moved to ad- journ. Carried. Adopted , 1921. Approved , 1921. JOHN STUBER, City Clerk. Councilmen Attest: City Clerk. CITY COUNCIL (Official) Special Session, June 15, 1921. Meeting called by order of Mayor Alderson and Councilman Brede. Council met at 4:40 P. M. Mayor Alderson in the chair. Present —City Manager Carr, May- or Alderson, Councilmen Brede, Gab- riel and Melchior. Absent — Councilman Rooney. Mayor Alderson read the call and stated that service thereof had been duly made and this meeting is called by resolution adopted June. 6, 1921, for the purpose of giving J. H. Rhom- berg a hearing why condemned build- ings owned by him should not be re- moved, and acting on- any other bus- iness that might properly come be- fore a regular meeting of the City Council. Return of service notices, notify- ing J. H. Rhomberg to appear before the Council June 15, 1921, to show cause why building located on the west one -half of City Lot 254, located on the north side of Eighth Street, between Iowa street and Central, Avenue, and building on the north one -half of City Lot 303, located on the west side of Central Avenue, be- tween Fourth Street and Fifth Street, should not be removed, pre- sented. Councilman Melchior moved that the notices be received, and filed. Seconded by Councilman Brede. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel and Melchior. Nays —None. Absent— Councilman Rooney. Councilman Gabriel moved that the rules be suspended for the pur- pose of allowing any one present to address the Council. 'Seconded by Councilman Brede. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel and Melchior. Nays —None. Absent — Councilman Rooney. J. H. Rhomberg addressed the Council, stating that he had secured bids for repairing said buildings and putting them in a safe condition and would start the work at once. Petition of business men, profes- sional men, et al., remonstrating against adoption of the Parking Or- dinance, relative to Central Avenue, from Twenty -First Street to Twenty - Second Street; also another petition remonstrating against the Parking Ordinance, relative to Central Ave- nue, from Thirteenth Street north, presented. Councilman Melchior moved that the remonstrances be re- ceived and filed. Seconded by Coun- Special Session, June 15th, 1921 129 Gilman Brede. ' Carried by the fol- lowing vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel and Melchior. Nays —None. Absent — Councilman Rooney. An Ordinance limiting the time within which vehicles may be parked or permitted to stand upon certain streets within the City of Dubuque and providing a penalty for the vio- lation thereof, presented for second reading. Councilman Brede moved that the Ordinance be adopted. Sec- onded by Councilman Gabriel. Car- ried by the following vote: Yeas —Mayor Alderson, - Council- men Brede, Gabriel and Melchior. Nays —None. Absent — Councilman Rooney. June 15, 1921. City Council, Dubuque, Iowa. Gentlemen: I have been given a price of Two Thousand Dollars for the narrow lot fronting Central Ave- nue, adjacent to the Eighteenth Street Engine House, for use as a site for a new fire alarm station. This lot has a frontage of about twenty -four feet. If this property is secured by the City of Dubuque, it would be our purpose to place the signal station on the back of the lot and extend the grass plot on that portion of the lot adjacent to Central Avenue. I would recommend that authority be given to purchase this property at the sum named. Respectfully submitted, O. E. CARR, City Manager. Councilman Melchior moved that the report be approved and a war- rant be drawn for $2,000.00 for the purpose of the lot. Seconded by Councilman Gabriel. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel and Melchior. Nays —None. Absent — Councilman Rooney. June 15, 1921. City Council, Dubuque, Iowa. Gentlemen: The contract recently entered into between the City of Du- buque and the James Lee Paving Co. for the laying of brick pavement in that portion of the street lying be- tween the rails of the Dubuque Elec- tric Co. has been nearly completed. The street car company and also James Lee desire that a supplement- al contract be entered into under the same terms and conditions, to in- clure that part of the Central Avenue lying between the south line of Eigh- teenth Street and the north line of Twenty - Second Street, to be improv- ed in the same manner as the part of Central Avenue lying south of Eighteenth Street. By making this improvement, the street is greatly improved for traffic. I would respectfully recommend that authority be given to enter into this supplemental contract. Respectfully submitted, O. E. CARR, City Manager. Councilman Brede moved that the report be approved and a contract be entered into with James F. Lee for the work. Seconded by Councilman Gabriel. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel and Melchior. Nays —None. Absent — Councilman Rooney. Councilman Rooney entered and took his seat at 5:30 P. M. Reports of City Auditor Gantert and City Treasurer Puls presented. Councilman Brede moved that the reports be received and filed. Sec- onded by Councilman Gabriel. Car- ried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel, Melchior and Rooney. Nays —None. Councilman Brede moved to ad- journ. Carried. Adopted , 1921. Approced , 192j. JOHN STUBER, City Clerk. Councilmen Attest: City Clerk. 130 Special Session, June 23rd, 1921 Special Session, June 23rd, 1921 131 CITY COUNCIL (Official) Special Session June 23, 1921. Meeting called by order of Mayor Alderson and Councilman Melchior. Council met at 4:45 P. M. Mayor Alderson in the chair. Present —City Manager Carr, May- or Alderson, Councilmen Gabriel, Melchior and Rooney. Absent — Councilman Brede. Mayor Alderson read the call and stated that service thereof had been duly made, and this meeaing is call- ed for the purpose of levying an as- sessment for the improvement of Heeb Street and acting on any other business that might properly come before a regular meeting of the City Council. Petition of Caroline Mathis, asking that she be exempted from paying her assessment on Lot 32, Marsh's Add., for the improvement of Heeb Street, stating that she is a widow in poor health and wholly dependent on her children for support. On motion of Councilman Gabriel, seconded by Councilman Melchior, the petition was received and filed. Carried by the following vote:, Yeas —Mayor Alderson, Council- men Gabriel, Melchior and Rooney. , Nays —None. Absent — Councilman Brede. Petition of Fred Mutschler, remon- strating against appraisal of his property for widening of High Bluff Street, stating that he ought to have fifty dollars more for moving two sheds, which he claims will be a to- tal loss, presented. On motion of Councilman Melchior, and seconded by Council Gabriel, the petition was ordered received and filed. Carried by the following vote: Yeas —Mayor Alderson, Council- men Gabriel, Melchior and Rooney. Nays —None. Absent— Councilman Brede. Communication of J. K. Deming, referring to delinquent taxes against the estate of Adele R. Glover, stating that the estate was closed in 1916 and asking for the cancellation of the 1920 taxes on personal . property amounting to $126.89, presented. On motion of Councilman Rooney, and seconded by Councilman Gabriel, the Clerk was instructed to notify the County Treasurer to cancel the 1920 taxes against the estate of Adele R. Glover, and take the name off' of the tax books. Carried by the following vote: Yeas — Mayor Alderson, Council- men Gabriel, Melchior and Rooney. Nays —None. Absent — Councilman Brede. City Manager Carr made the fol- lowing recommendation: On November 6, 1919, there was an assessment levied on account of the improvement of Peru Road, against Lots 322 and 323, belonging to Mr. John Heim and his sister. At the time, a protest was made by Mr. Heim on account of the assessment being excessive, in other words more than 25 per cent of the value of the property. No payment on the assessment was made until last fall and a pay- ment was made by Mr. Heim with the understanding that the City Council would take some action in the matter of adjusting the assess- ment. The assessment of Lot 322 was $753.32 and Lot 323 was assessed $235.91. A fair valuation of Lot 322 is $1,000.00, and Lot 323, $900.00. One - fourth of this would be an as- sessment of $250.00 on Lot 322 and $225.00 on Lot 323. I would, there- fore, recommend that the City Treas urer be instructed to reduce the orig- inal assessment as levied against Lot 322 to the sum of $250.00, and .the original assessment as levied against Lot 323 to the sum of $225.00, which will be a total reduction on the 'lots of $514.24. Respectfully submitted, O. E. CARR, City Manager. On motion of Councilman Gabriel, seconded by Councilman Melchior, the recommendation of City Man- ager Carr was approved and the City Treasurer so instructed. Carried by the following vote: Yeas —Mayor Alderson, Council- men Gabriel, Melchior and Rooney. Nays —None. Absent — Councilman Brede. City Manager Carr made the fol- lowing recommendation: For a number of years there has been talk of opening up the street at the intersection of Grandview Ave- nue and Delhi Street. During the past week I have arranged with Mr. King, the owner of the property on this street, for the purchase of a tri- angular strip, containing about sixty square feet, which will be needed for the opening of this street. Price of this lot is $25.00. The probable cost of this work, changing the street and sidewalks, will amount to between $250.00 to $300.00. In case the Council O. K. the purchase of this piece of prop- erty from Mr. King, we will proceed with this improvement. Respectfully submitted, O. E. CARR, - City Manager. Councilman Rooney moved that the recommendation of the City Man- ager be approved and he be given power to purchase the property. Sec- onded by Councilman Melchior. Car- ried by the following vote: Yeas —Mayor Alderson, Council- men Gabriel, Melchior and Rooney. Nays —None. Absent — Councilman Brede, Petition of Ernst Mueller, Civil War veteran', stating that he is the owner of Lots 1, 2, 3, 11, 13, 14, 15, 16, 19, 20, 21, 22 and 23, in King's Ad- dition to the City of Dubuque, and ;that through some oversight the change of title has not been made on the City tax books and are still car- ried in J. J. Nagle's name, the man from whom he bought these lots; wherefore, petitioner respectfully re- quests that your Honorable Body as- sist him in clearing the title to his property by allowing him the sol- dier's exemption he is entitled to on these lots for the years 1916, 1917, 1918 and 1919, and remove said property from the City's Tax Sale List, presented. On notion of Coun- cilman Gabriel the petition was re- ferred to the City Solicitor. Second- ed by Councilman Rooney. Carried by the following vote: Yeas —Mayor Alderson, Council- men Gabriel, Melchior and Rooney. Nays —None. Absent— Councilman Brede. Dubuque Electric Co. made the fol- lowing recommendation: With the completion of Central Avenue paving east of Fifteenth Street, we are ready any time to again route Point ears north bound on Central Avenue, and Linwood cars south bound on lower Central Avenue. On account of the dual attractions at the end of the Point line, viz.: the bathing beach and Eagle Point Park, it is our thought that better service could be rendered the public if the Point cars were routed north on Main Street, rather than on Cen- tral Avenue, as heretofore, as in so doing passengers could board the cars on Main Street and go direct to their destination, whereas, hereto- fore it was necessary to board the cars on Central Avenue or transfer from a Main Street car at Twenty - Second Street. It is possible to route Point cars south on lower Central Avenue and loop them back on Main Street at 'the Juli -n Hotel corner. The Dodge Street cars would operate as at present north on lower Central Avenue and south on Main • Street and would be throtigh routed with the Linwood line, which would enjoy south bound service on Main Street instead of north bound as at pres- ent, and north bound on lower Cen- tral Avenue, instead of south bound as at present. 132 Special Session, June 23rd, 1921 Special Session, June 23rd, 1921 133 Such an arrangement as above de- scribed would entail a greater num- ber of car hours each day than at present, which, however, we would be agreeable to, at least during the summer months, in the interest of better service to the bathing beach and Eagle Point Park. The one prob- lem which confronts us is that the cars which we would operate on the Dodge and Linwood line would be single end, the same as now operat- ed on the Linwood line, which would necessitate the use of the Grandview Avenue loop. I appreciate that we are at present enjoined from the use of this loop, but if you feel that the service we have proposed is of suffic- ient improvement to warrant you in allowing day to day permission to use the Grandview Avenue loop, we would be very glad, indeed, to put the new routing into effect. It would be your privilege at any and all times, of course, to revoke this per- mission at will. In connection with the use of the loop, I might state further that our cars would not stop on the loop, but would go right around and spend their lay -over on the straight of way track, as at pres- ent. Very truly yours, O. H. SIMONDS, General Manager. Presented. Resolution. Whereas, the Dubuque Electric Company has deemed it advisable in the interest of better street car ser- vice upon certain of its lines to re- route cars; and, Whereas, in order to promote bet- ter service it is necessary that said company use the loop on Grandview Avenue to turn its cars that are to be used upon the Dodge and Linwood line; and, Whereas, said company has been enjoined from using said loop by an order of court; and, Whereas, the City Council of the City of Dubuque feels that better service will promote the best inter- ests of the City without committing any breach of trust to the public or cousing any inconvenience to traffic; be it, therefore, Resolved, that said Dubuque Elec- tric Company be and it is hereby granted permission to use said loop for the purpose of turning its cars to be used on the Dodge and Linwood line for such a period of time as the Council may consider proper, it be- ing understood that the Council re- serves the right to revoke the per- mission herein granted whenever it desires to do so and the permission is subject to the exercise of such power. Dated this 23rd day of June, 1921. Adopted June 23, 1921. Approved: JAMES ALDERSON, Mayor. L. H. BREDE, HARLAN G. MELCHIOR, THEO. GABRIEL, M. B. ROONEY, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Rooney moved to adopt the resolution. Seconded by Councilman Gabriel. Carried by the following vote: Yeas -Mayor • Alderson, Council- men Gabriel, Melchior and Rooney. Nays -None. Absent - Councilman Brede. Councilman Rooney moved to sus- pend the rules to allow any one pres- ent to address the Council. Phil. Ryder addressed the Council ,relative to tax levy on Hotel Julien Dubuque, stating that former Coun- cils had placed the taxes on this property at $100,000.00, whereas the Board of Review put the valuation at $250,000.00 for 1921, and asked this Council to put the tax valuation back to where it was. Councilman Melchior moved to defer action on this to some fuhure meet- ing. Seconded by Councilman Gab- riel and carried by the following vote: Yeas -Mayor Alderson, Council- men Gabriel, Melchior and Rooney. Nays -None. - Absent- Councilman Brede. E. E. Frith addressed the Council, 'stating that he was desirous of hav- ing the Council take some action relative to his garbage contract. Councilman Melchior moved to de- fer action on this until the first meeting in July, which will be July 5th. Seconded by Councilman Gab- riel and carried by the following vote: Yeas -Mayor Alderson, Council- men Gabriel, Melchior and Rooney. Nays-None. Absent - Councilman Brede. Petition of property owners on Elm Street, between Rhomberg Ave- nue and Lincoln Avenue, for a sani- tary sewer and water, presented. Councilman Roonel moved that this be referred to the City Manager. Seconded by Councilman Melchior and carried by the following vote: Yeas -Mayor Alderson, Council- men Gabriel, Melchior and Rooney. Nays--None. Absent---Councilman Brede. Notice of special assessment for improving Heeb Street, certified to by the publisher, presented. On mo- tion of Councilman Melchior, and seconded by Councilman Rooney, it was ordered received and filed. Car- ried by the following vote: Yeas -Mayor Alderson, - Council- men Gabriel, Melchior and Rooney. Nays -None. Absent- Councilman Brede. Resolved by the City Council of the City of Dubuque: That to pay for improving Heeb Street, from the south property line of Kaufmann Avenue to the south line of Lot 6, Marsh's Addition, by Jas. F. Lee, Contractor, in front of and adjoin- ing the same, a special tax be and is hereby levied on the several lots, and parts of lots, and parcels of real estate hereinafter named, situated and owned, and for the several amounts set opposite each lot or parcel of real estate, as follows: Iowa Dairy Co., L. H. Lang - worthy's Add., Lot 8 -A, brick block paving, cost, $85.50; extra concrete, $4.13; interest at 6 %, 77c; extra expense at 168252 %, $1.51 $ 91.91 Iowa Dairy Co., L. H. Lang - worthy's Add., N. 40 ft. Lot 8, brick block paving, cost, $97.71; extra 'con- crete, $4.73; interest at 6 %, 89c; extra expense at 168252%, $1.72 105.06 Iowa Dairy Co., L. H. Lang - worthy's Add., S. 60 ft. Lot 8, brick block paving, cost, $146.58; extra con- crete, $7.10; interest at 6 %, $1.34; extra expense at 168252 %, $1.59 157.61 Iowa Dairy Co., L. H. Lang - worthy's Add., Lot 7, brick block paving, cost, $244.29; extra concrete, $11.83; in- terest at 6 %, $2.22; extra expense at 168252 %, $4.31 262.65 Iowa Dairy Co., L. H. Lang - worthy's Add., No. 15 ft. Lot 6, brick block paving, cost, $36.65; extra con- crete, $1.78; interest at 6 %, 33c; extra expense at 168252 %, 65c 39.41 Iowa Dairy Co., L. H. Lang - worthy's Add., W. 155.8 ft. of N. 50 ft. of StS. 35 ft., Lot 6, brick block paving, cost, $85.60; extra con- crete, $4.13; interest at 6 %, 77c; extra expense at 168252 %, $1.51 91.91 Philomenia M. Hayes, L. H Langworthy's Add., S. 50 ft. Lot 6, brick block pav- ing, cost, $122.44; extra concrete, $5.92; interest at 6 %, $1.11; extra ex- pense at 168252 %, $2.15 131.32 Nick Gonner, L. H. Lang - worthy's Add., N. 1 -3 Lot 5, brick block paving, cost, $81.45; extra concrete, $3.95; interest at 6 %, 74c; extra expense at 168252 %, $1.44 Nick Gonner, L. H. Lang - worthy's Add., M. 1 -3 Lot 5, brick block paving, cost, $40.69; extra concrete, $1.97; interest at 6 %, 36c; extra expense at 168252 %, 72c 43.74 Adam and Maude Traut, Marsh's Add., No. 95 ft. Lot 1, brick block paving, cost, $152.56; extra con- crete, $7.39; interest at 6 %, $1.39; extra expense at 168252%, $2.69 164.03 Realty Investors' Corp., Marsh's Add., S. 40 ft. Lot 1, brick block paving, cost, $64.25; extra concrete, $3.11; interest at 6 %, 59c; extra expense at 168252 %, $1.13 4 69.08 Realty Investors' Corp., Marsh's Add., N. 5 ft. Lot 2, brick block paving, cost, $13.90; extra concrete, 67c; interest at 6 %, 12c; extra expense at 168252 %, 25c 14.94 Michael Betz, Marsh's Add., S. 45 ft. Lot 2, brick block paving, cost, $125.17; ex- tra concrete, $6.06; inter- est at 6 %, $1.14; extra ex- pense at 168252 %, $2.21 134.58 Home Builders' Co., Marsh's Add., Lot 3, brick block paving, cost, $139.07; extra concrete, $6.74; interest at 6 %, $1.27; extra expense at 168252 %, $2.45 149.53 Home Buildeds' Co., Marsh's Add., Lot 4, brick block paving, cost, $139.07; extra concrete, $6.74; interest at 6 %, $1.27; extra expense at 168252 %, $2.45 149.53 Ethel M. Morgan, Marsh's Add., Lot 5, brick block paving, cost, $139.07; extra coicrete, $6.74; interest at 6 %, $1.27; extra expense at 168252%, $2.45 149.53 C. W. Nickels, Marsh's Add., N. 40 ft. Lot 6, brick block paving, cost, $111.24; extra concrete, $5.39; interest at 6 %, $1.01; extra expense at 168252 %, $1.96 119.60 Emmo Richter, Marsh's Add., S. 10 ft. Lot 6, brick block paving, cost, $27.80; extra concrete, $1.35; interest at 6 %, 26c; extra expense at 168252%, 49c 29.90 Robert McFarlane, Marsh's Add., N. 95 ft. Lot 31, brick block paving, cost, $59.74; extra concrete, 87.58 134 Special Session, June 23rd, 1921 $2.89; interest at 6 %, 54c; extra expense at 168252 %, $1.05 Realty Investors' Corp., Marsh's Add., S. 40 ft. Lot 31, brick block paving, cost, $25.15; extra con- crete, $1.22; interest at 6 %, 22c; extra expense at 168252%, 44c Caroline Mathis, Marsh's Add., Lot 32, brick block paving, cost, $49.67; ex- tra concrete, $2.41; inter- est at 6 %, 45c; extra ex- pense at 168252 %, 88c J. P. Gloden, Marsh's Add , Lot 33, brick block paving, cost, $39.44; extra con- crete, $1.91; interest at 6 %, 36c; extra expense at 168252 %, 70c 64.22 27.03 53.41 42.41 Total $2,178.97 862.4 square yards brick block paving at $2.35 per square yard $2,026.64 8.18 cubic yards extra con- crete at $12,00 per cubic yard 98.16 Interest at 6% 18.42 Extra expense at 168252% 35.75 Total $2,178.97 All of which is assessed in pro- portion to the special benefits con- ferred. Adopted —June 23, 1921. Approved —,Tpne 23, 1921. JAMES ALDERSON, Mayor. L. H. BREDE, M. B. ROONEY, THEO. C HARLAN G. MELCHIOR, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Melchior moved that the resolution be adopted. Seconded by Councilman Rooney and carried by the following vote: Yeas —Mayor Alderson, Council men Gabriel, Melchior and Rooney. Nays —None. Absent — Councilman Brede. A Resolution. Whereas, the contract heretofore entered into by the City of Dubuque for the improvement of Heeb Street, hereinafter described, has been com- pleted, and the City Engineer has computed that the cost and expense of said improvement amounts to $2,178.97; Therefore, be it resolved by the City Council of the City of Dubuque, that to provide for the cost of im- proving Heeb Street from the south property line of Kaufmann Avenue to the south line of Lot 6, Marsh's Addition, there be issued Improve- went Bonds to the amount of $2,178.97. Said bonds shall be issued under the provisions of Chapter 8, Title V, of the Code of Iowa, and the amendments thereto, shall bear date as of the 23rd day of July, A. D. 1921, shall be in the denominations of $100.Q0 each, except that there shall be one bond to the amount of $78.97; they shall be numbered from 6756 to 6777 inclusive, and shall be divided into seven series of which the bonds numbered 6756 to 6758 shall constitute the first series; and shall be payable on the first day of April, A. D. 1922; the bonds num- bered 6759 to 6761 shall constitute the second series and shall be pay- able on the first day of April, A. D. 1923; the bonds numbered 1762 to 6764 shall constitute the third series and shall be payable on the first day of April, A. D. 1924; the bonds num- bered 6765 to 6767 shall constitute the fourth series and shall be pay- able on the first day of April, A. D. 1925; the bonds numbered 6768 to 6770 shall constitute the fifth series and shall be payable on the first day of April, A. D. 1926; the bonds num- bered 6771 to 6773 shall constitute the sixth series and shall be payable on the first day of April, A. D. 1,927; and the bonds numbered 6774 to 6777 shall constitute the seventh se- ries and shall be payable on the first day of April, A. D. 1928. Said bonds shall bear interest at the rate of five percent per annum, which interest shall be payable semi- annually, in accordance with the terms of the coupons thereto attach- ed; and said bonds shall be payable out of the proceeds of the special assessment levied for said improve- ment. Both principal and interest shall be payable at the office of the City Treasurer in the City of Du- buque. Said bonds shall be substan- tially in the following form: No $ Series No CITY OF DUBUQUE. Bond. The City of Dubuque in the State of Iowa promises to pay as herein- after mentioned to the bearer here- of, on the first day of April, A. D. 19 , or at any time before that date, at the option of the City, the sum of One Hundred Dollars, with interest thereon at the rate of five percent per annum, payable on the presentation and surrender of the in- terest coupons hereto attached. Both principal and interest are payable at the office of the City Treasurer in the City of Dubuque in the State of Iowa. This bond is issued by the City of Dubuque pursuant to and by virtue of Chapter 6, Title V, of the Code of Iowa and amendments there- to, and in accordance with a resolu- Special Session, tion of the City Council of said City, duly passed on the 23rd day of June, A.D. 1921. This bond is one of a se- ries of twenty -two bonds, twenty -one bonds for One Hundred Dollars each, numbered 6756 to 6776, both inclu- sive, and one for Seventy -eight and 97 -100 Dollars, numbered 6777, all of like tenor and date, and issued for the purpose of defraying the cost of improving Heeb Street, from the south property line of Koufmann Avenue to the south line of Lot 6, Marsh's Addition, and described in said resolution; which cost is assess- able and levied along said improve- ment, and is made by law a lien on all abutting or adjacent property, and payable in seven annual iinstall- meats, with interest on all deferred payments at the rate of five per cent per annum, and this bond is payable only out of the money derived from the collection of said special tax, and said money con be used for no other purpose. And it is hereby certified and re- cited that all the acts and condition and things required to be done pre- cedent to and in the issuing of this series of bonds, have been done, hap- pened and performed in regular and due form as required by said law and resolution; and for the assessments, collections and payment hereon of said special tax, the faith and dili- gence of said City of Dubuque are hereby irrevicably pledged. In witness whereof the City of Du- buque by its City Council, has caus- ed this bond to be signed by its Mayor and countersigned by its City Clerk, with the seal of said City af- fixed this 23rd day of July, A. D., 1921. Mayor. Countersigned: (Seal) City Clerk. Form of Coupon. On the day of A. D., 19 , the City of Dubuque, Iowa, promises to pay to the bearer, as provided in the Bond the sum of Dollars, at the of- fice of the City Treasurer in the City of Dubuque, being months interest due that day on its improve- ment Bond No. , dated Mayor. Countersigned: City Clerk. Be it further resolved that the Mayor and City Clerk be and they are hereby instructed to cause said bonds to be prepared and when so prepared to execute said bonds; and that the City Clerk be and he is hereby instructed to register said bonds in a book to be kept by him for that purpose, and to then deliver June 23rd, 1921 135 them to the City Treasurer who will also register then in a book to be kept by him for that purpose. Be it further resolved that the City Treasurer be and he is hereby instructed to sell said bonds in the manner provided for in Section 845 of the Code of Iowa, the proceeds of said sale to be kept in a special fund to be known as Fund. Approved: JAMES ALDERSON, Mayor. HARLAN G. MELCHIOR, THEO. GABRIEL, M. B. ROONEY, L. H. BREDE, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Gabriel moved that the resolution be adopted. Seconded by Councilman Rooney and carried by the following vote: Yeas —Mayer Alderson, Council- men Gabriel, Melchior and Rooney. Nays —None. Absent — Councilman Brede. Council Proceedings for the month of March presented. Councilman Gabriel moved that they be approv- ed as printed. Seconded by Council- man Rooney. Carried by the follow- ing votet: Yeas —Mayor Alderson, Council- men Gabriel, Melchior and Rooney. Nays —None. Absent — Councilman Brede. To the Honorable Mayor and Council of the City of Dubuque. Gentlemen: The undersigned, the Local Board of Review, appointed by your Honorable Body to equalize taxes for the year 1921, begs leave to advise you that it has completed its work after having been in ses- sion for sixty -one days. Hereto at- tached you will find a copy of all as- sessments equalized by this Board, some assessments having been rais- ed while others have been reduced. There being nothing further for the Board to do it has taken final ad- journment. Your approval is kindly requested. Respectfully submitted, CHAS. A. WRIGHT, A. P. ABEBLN, JOHN MACLAY, Local Board of Review. JOHN STUBER, Clerk of Board of Review. Councilman Gabriel moved that the work of the Board of Review be approved. Seconded by Councilman Rooney. Carried by the following vote: Yeas —Mayor Alderson, Council- men Gabriel, Melchior and Rooney. Nays —None. Absent — Councilman Brede. Councilman Rooney. moved that 136 Special Session, June 28th, 1921' Special Session, June 28th, 1921 137 the City Manager be instructed not to allow any Carnival Company com- ing to the City in the future to oper- ate any game of chance or lottery or wheel of chance that would be de- nied any local merchant, or which are in violation of ony State Law. Seconded by Councilman Gabriel and carried by the following vote: Yeas —Mayor Alderson, Council- men Gabriel, Melchior and Rooney. Nays —None. Absent — Councilman Brede. The Bonds of A. Berk, Pawnbrok- er at Number 359 Main Street; C. H. Witte, for operating an electric dis- play sign, and renewal certificate of bond of Linehan & Molo, Plumbers, presented. They being properly exe- cuted, Councilman Gabriel moved that they be received and filed. Sec- onded by Councilman Rooney. Car- ried by the following vote: Yeas —Mayor Alderson, Council- men Gabriel, Melchior and Rooney. Nays —None. Absent— Councilman Brede. • The matter of fixing the amount of the Bond of the City Manager was brought before the Council. Councilman Melchior moved that this be left in the hands of Mayor Alderson and Councilman Brede, to report back to the Council at its next meeting. Seconded by Councilman Rooney and carried by the following vote: Yeas —Mayor Alderson, Council- men Gabriel, Melchior and Rooney. Nays —None. Absent — Councilman Brede. Councilman Melchior moved to ad- journ. Carried Adopted Approved Councilmen 1921. 1921. JOHN STUBER, City Clerk. 1 Attest: City Clerk. CITY COUNCIL (Official) Special Session, June 28 1921. Meeting called by order of Council- men Melchior and Brede. Council met at 4:35 P. M. Mayor Alderson in the chair. Present —City Manager Carr, May- or Alderson, Council Brede and Mel- chior. Absent — Councilmen Gabriel and Rooney. Mayor Alderson read the call and stated that service thereof had been duly made, and this meeting is called for the purpose of acting on the adoption of the proposed resolutions for the improvement of Bluff Street and construction of a sanitary sewer in West Seventeenth Street, and act- ing on any other business that might come before a regular meeting of the City Council. Notice of Resolution of Necessity certified to by the publishers, that it be deemed necessary and advis- able to improve Bluff Street, from the north property line of Eighth Street to the intersection of Bluff Street and Locust Street, presented. Councilman Brede Moved that the notice be received and filed. Second- ed by Councilman Melchior. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede and Melchior. Nays —None. Absent— Councilmen Gabriel and Rooney. Petition of property owners, re- monstrating against the improve- ment of Bluff Street, between Four- teenth Street and Sixteenth Street, presented and read. Councilman Brede moved to suspend the rules to allow any one present to address the Council. Seconded by Councilman Melchior. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede and Melchior. Nays —None. Absent — Councilmen Gabriel and Rooney. Mr. H. Hagerty addressed the Council relative to the improving of Bluff Street, stating that the street between Fourteenth and Sixteenth Streets is in good condition and does not need to be improved. Councilman Brede moved that ac- tion be deferred and the Council view the grounds on Bluff Street, be- tween Fourteenth Street and Six- teenth Street. Seconded by Council- man Melchior. Carried by the fol- lowing vote: Yeas —Mayor Alderson, Council - men Brede and Melchior. Nays —None. Absent— Councilmen Gabriel and Rooney. Councilman Gabriel entered and took his seat at 4:40 P. M. Notice of Resolution of Necessity certified to by the publishers, that it be deemed necessary and advisable to construct a sanitary sewer in West Seventeenth Street, from the end of the present sewer in said street to Cox Street, presented. Mov- ed by Councilman Brede and second- ed by Councilman Melchior, that the notice be received and filed. Car- ried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel and Melchior. Nays —None. Absent— Councilman Rooney. Petition of property owners re- monstrating against the construction of said sewer, presented and read. Mr. Kuehnle addressed the Council in favor of the sewer. 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 and Melchior. Nays —None. Absent — Councilman Rooney. 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 sanitary sewer in West Seventeenth Street; a six -inch tile pipe sanitary sewer in West Seven- teenth Street, from the end of the present sewer in said street to Cox 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 Engi- neer and now on file in the office of the City Clerk, having been duly ap- proved 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 constructed as hereinbefore 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 deter- mination at a meeting of the City Council to be held June 28, 1921, at 4:30 o'clock P. M., and that the City Clerk be and he is hereby instructed to cause notice of the above resolu- tion, and of the time and place, when and where said proposed reso- lution, will be considered for passage, and objections to the passage there- of 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 man- ner 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 6th day of June, 1921. Approved: JAMES ALDERSON, Mayor. HARLAN G. MELCHIOR, THEO. GABRIEL, M. B. ROONEY, L. H. BREDE, Councilmen. Attest: JOHN STUBER, City Clerk. The foregoiing Resolution of Nec- essity was adopted and passed by the City Council and approved this 28th day of June, 1921. Approved: JAMES ALDERSON. Mayor. L. H. BREDE, HARLAN G. MELCHIOR, THEO. GABRIEL, M. B. ROONEY, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Brede moved that the resolution be adopted. Seconded by Councilman Gabriel. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel and Melchior. Nays —None. Absent — Councilman Rooney. Petition of Mrs. Nellie McCabe for allowance of claim for personal in- juries received February 13, 1921. While she was on her way to church she slipped, stumbled and fell over snow and ice on the sidewalk located on the west side of Villa Street, sus- taining a severe fracture of her right foot and ankle. Stating through her attorney, Wal- ter Koerner, that she is willing to settle this claim for a reasonable sum of money without going into court, presented. On motion of Coun- cilman Brede and seconded by Coun- cilman Melchior, the petition was re- ferred to the City Solicitor. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel and Melchior. Nays —None. Absent — Councilman Rooney. Petition of Max. Reznick, by his attorney, Walter Koerner, that there 138 Special Session, June 28th, 1921 was an assessment of ninety -one dol- lars and seventy -seven cents against Lot 4; seventy -five dollars and sev- enty -four cents against Lot 5, and one hundred eight dollars and twen- ty cents against Lot 6, all in 'Cush- ing's Add., to the City of Dubuque, for putting in sewer in Valeria Street; and the further assessment of forty -six dollars and seventy -four cents against Lot 4, in Cushing's Add., for cement curb, gutter and sidewalk, making a total of three hundred twenty -two dollars and for- ty -five cents; also that the taxes for the past year are not yet paid, offer- ing to pay one hundred and twenty - five dollars in settlement, claiming this is about 25 per cent of the value of the lots, presented. Councilman Brede moved to refer this matter to City Manager Carr for investigation, to report back to the Council. Sec- onded by Councilman Melchior. Car- ried by the following vote: Yeas —Mayor Alderson, Council- men, Brede, Gabriel and Melchior. Nays —None. Absent — Councilman Rooney. City Manager Carr made the fol- lowing recommendation: Gentlemen: I beg to advise that the contract awarded to the Even - Uhlrich- Staner & Co., for the con- struction of a 6 -inch sanitary sewer in the alley between Locust and Bluff Streets, from Dodge Street to a point seventy -five feet south of Jones Street, has been completed and test- ed. I would therefore recommend its acceptance by the City Council. Respectfully submitted, O. E. CARR, City Manager. A Resolution Whereas, Even- Uhlrich- Staner Co., entered into a contract with the City of Dubuque for the construction of a six -inch tile sanitary sewer in the alley between Locust Street and Bluff Street, from the sewer in Dodge Street to a point seventy -five feet south of Jones Street; and, Whereas, the said Even- Uhlrich- Staner Co. have completed their con- tract in accordance with the plans and specifications for said work, as shown by the report of the City Manager; now, therefore, Be it resolved by the City Council of the City of Dubuque, that the re- port of the City Manager accepting said work be approved and that the City Engineer be and he is hereby instructed to prepare a plat and schedule showing the lots and par- cels of real estate subject to assess- ment for said improvement and file the same in the office of the City Clerk, subject to public inspection, and the City Clerk upon receipt of such plat and schedule shall publish the notice of the same as is required by law. Adopted June 28, 1921. Approved: JAMES ALDERSON, Mayor. THEO. GABRIEL, HARLAN G. MELCHIOR, L. H. BREDE, M. B. ROONEY, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Brede moved to adopt the resolution. Seconded by Coun- cilman Gabriel. Carried by the fol- lowing vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel and Melchior. Nays —None. Absent—Councilman Rooney. City Manager Carr made the fol- lowing recommendation: Gentlemen: I beg to advise that the contract awarded to William Singrin for the construction of ap- proximately two hundred eighty lin- eal feet of 6 -inch sanitary sewer in Chestnut Street has been completed and tested. I would therefore recom- mend its acceptance by the City Council. Respectfully submitted, O. E. CARR, City Manager. A Resolution Whereas, William Singrin entered into a contract with the City of Du- buque to construct a six inch tile sanitary sewer in Chestnut Street, from the end of the present sewer westerly for a distance of about two hundred feet; and, Whereas, the said William Singrin has completed said contract in ac- cordance with the plans and specifi- cations for the work as shown by the report of the City Manager; now, therefore, Be it resolved by the City Council of the City of Dubuque, that the re- port of the City Manager accepting said work be approved, and that the City Engineer be and he is hereby instructed to prepare a plat and schedule showing the parcels of real estate subject to assessment for said improvement and file the same in the office of the City Clerk subject to public inspection. The City Clerk shall upon receipt of such plat and schedule publish the notice of said assessment as is required by law. Adopted June 28, 1921. Approved: JAMES ALDERSON, Mayor. L. H. BREDE, HARLAN G. MELCHIOR, THEO. GABRIEL, M. B. ROONEY, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Brede moved to adopt the resolution. Seconded by Council- man Melchior. Carried by the fol- lowing vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel and Melchior. Nays —None. Absent — Councilman Rooney. City Manager Carr made the follow- ing recommendation: Gentlemen: There have been ap- plications for cigarette permits filed by the following residents of Du- buque: William P. Andresen, 1706 Central Avenue. A. A. Agard, 651 Main Street. M. E. Briggs, 1850 Central Avenue. Mrs. Clara Eichman, 2197 Rhom- berg Avenue. Falkenhainer Drug Co., 679 Julien Avenue. Fitzgerald Cigar Co., 923 Main Street. Fitzgerald Cigar Co., Hotel Julien Dubuque. Fitzgerald Cigar Co., 155 Eighth Street. Fitzgerald Cigar Co., 850 Iowa Street. J. D. Flynn, 144 West Locust Street. Anton Fortman, 153 Main Street. D. C. Glasser Tobacco Co., 402 Main Street. Oscar J. Haas, 1266 Central Ave- nue. D. J. Haas, 2150 Central Avenue. E. C. Keating, 580 Julien Avenue. John L. Kies, 1348 Central Avenue. R. W. Krueger, 1306 Central Ave- nue. J. Luckey, 438 to 446 Main Street. W. J. Madden, 378 Main Street. Stanley F. Meyer, 391 Hill Street. John F. Meyers, 801 Central Ave- nue. Murphy & Chalders, 475 Central Avenue. W. B. Meyers, 409 Iowa Street. Potterveld Drug Co., 242 Delhi Street. W. G. Smith, 336 Main Street. C. H. Snyder, 119 Julien Avenue. United Cigar Stores Co., 805 Main Street. John Westercamp, 1696 Central Avenue. George Miller, 375 Fourth Street. Wm. C. Leik, 501 Rhomberg Ave- nue. I would recommend that authority be given to issue permits to each of these parties, their bonds submitted for approval at a meeting of the City Council July 5th. I would also recommend that au- thority be given to issue permits to all those who may present proper ap- plications and bonds between now and July 3rd, as it is necessary for all those who handle cigarettes after Special Session, June 28th, 1921 139 July 4th to secure stamps for the same from the State Treasurer's of- fice. The State Treasurer cannot sell stamps to any dealer until that dealer has deposited with the State Treasurer a copy of his local permit. Respectfully submitted, O. E. CARR, City Manager. Councilman Melchior moved to ac- cept the report of the City Manager. Seconded by Councilman Gabriel. Carried by the following vote: Yeas —Mayor Alderson, Council- man Brede, Gabriel and Melchior. Nays —None. Absent— Councilman Rooney. City Manager Carr stated to the Council that in order to pay the bills of the Board of Review it would be necessary to transfer $556.00 from the Contingency Fund to the General Administration Fund. Councilman Brede moved. that the bills be paid. Seconded by Councilman Gabriel. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel and Melchior. Nays —None. Absent — Councilman Rooney. Councilman Brede moved that to help pay the Board of Review for their labor, $556.00 be transferred from the Contingency Fund to the General Administration Fund. Sev- onded by Councnlman. Melchior, Carried by the following vote: Yeas —Mayor Alderson, Council -. men Brede, Gabriel and Melchior. Nays —None. Absent — Councilman Rooney. Councilman Melchior moved that the next Regular Meeting of the City Council be held July 5, 1921, at 4:30 P. M. Seconded by Councilman Brede. Carried by the following vote: Yeas —Mayor Alderson, Council- men Brede, Gabriel and Melchior. Nays —None. Absent — Councilman Rooney. Councilman Brede moved to ad- journ. Carried. JOHN STUBER, City Clerk. Adopted , 1921. Approved , 1921. Councilmen Attest: City Clerk. 140 Official OFFICIAL NOTICE. Notice of Special Assessment, Notice is hereby given to all con- cerned that a special assessment a3 provided by law will be levied at a session of the City Council of the City of Dubuque, Iowa, to be held Thursday, June 23rd, 1921, to pay for improving Heeb street from the south property line of Kaufmann avenue to the south line of lot 6, Marsh's addition; James F. Lee, con- tractor. Amount of special assessment, $2,- 178.97, same to be assessed against the property legally subject to as- sessment upon and along said street. And that there is a plat and sched- ule on file in the office of the City Clerk of said City of Dubuque, show- ing the street in which said improve- ment was made and the separate lots and parcels of ground or specified portions thereof subject to assess- ment for such improvement, the name of the owner thereof as far as practicable and the amount to be as- sessed against each lot or parcel of grc.• nd, which plat and schedule are subject to public inspection. And that any and all persons ob- jecting to said special assessment or to said plat must file his or their objections in writing with the City Clerk of said City of Dubuque on or before said session of the City Coun- cil to be held Thursday, June 23rd, 1921. Dated at Dubuque, Iowa, June 1st, 1921. JOHN STUBER, 6 -1 -2t City Clerk. NOTICE OF RESOLUTION OF NECESSITY. Notice is hereby given by direc- tion of the City Council of the City of Dubuque that the following reso- lution of necessity is proposed for passage and adoption by said City Council, having been approved by said Council on the 6th day of June, 1921. A Resolution of Necessity. Be it resolved by the City Council of the City of Dubuque that, upon recommendation of the City Man- ager, it be deemed necessary and ad- visable to improve Bluff street from the north property line of Eighth street to the intersection of Bluff street and Locust street by curbing with new cement curb where neces- cary and by paving said portion of said street with a bituminous wear- ing surface on the present founda- tion. Said work to be done in accord- ance with the plans and specifica- tions to be prepared by the City En- gineer. The cost and expense of said im- provement will be assessed against all of the property subject to as- Notices 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 con- structed 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 '28th day of June, 1921, at 4:30 p, m, in the Council 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 resolution will be considered for passage 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 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 6th day of June, 1921. Approved: JAMES ALDERSON, H. G. MELCHIOR, THEO. GABRIEL, M. B. ROONEY, L. H. BREDE, Councilmen. Attest: JOHN STUBER, City Clerk. The above resolution will be con- sidered by said City Council for passage at a meeting to be held on the 28th day of June, 1921, at 4:30 o'clock p. m. in the Council cham- ber, at which time the owners of property subject to assessment for the cost and expense of said im- provement may appear and make objections to the contemplated im- provement and the passage of said proposed resolution may at that time be amended and passed, or 1 assed as proposed. Published officially in the Tele- graph- Herald and Dubuque Times - Journal newspapers June 7th, 1921. JOHN STUBER, 6 -7 -2t. City Clerk. NOTICE OF RESOLUTION OF NECESSITY. Notice is hereby given by direc- tion of the City Council of the City of Dubuque that the following reso- lution of necessity is proposed for passage and adoption by said City Council, having been approved by said Council on the 6th day of June, 1921. 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 sanitary sewer in West Seventeenth street; a six -inch tile sanitary sewer in West Seventeenth street from the end of the present sewer in said street to Cox street. Said sewer to be provided with manholes and any other appurte- nances that may be necessary. Said sewer to be constructed in accord- ance with the plans and specifica- tions prepared by the City Engineer and now on file in the office of the City Clerk having been duly ap- proved by the City Manager and sub- mitted to the State Board of Health for approval. That the cost and expensse of making and constructing said sani- tary sewer shall be assessed against the property abutting upon the same and also against all adjacent proper- t3 benefited thereby. Be it further resolved that the above and foregoing sanitary sewer is hereby proposed to be constructed as hereinbefore 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 determi- nation at a meeting of the City Coun- cil to be held June 28, 1921, at 4:30 o'clock p. m. and that the City Clerk be and he is hereby instructed to cause notice of the above resolu- tion, and of the time and place when and where said proposed reso- lution will be considered for pass- age, 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 pro- vided by law. The above resolution was ap- approved and ordered placed on file for final action, and notice of the pendency thereof ordered given this 6th day of June, 1921. Approved: JAMES ALDERSON. H. G. MELCHIOR, THEO. GABRIEL, M. B. ROONEY, L. H. BREDE, Councilmen. Attest: JOHN STUBER, City Clerk. The above resolution will be con- sidered by said City Council for passage at a meeting to be held the 28th day of June, 1921, at 4:30 o'clock p. ni. in the Council chamber, at which time the owners of prop- erty subject to assessment for the cost and expense of said improve- ment may appear and make objec- tions to the contemplated improve- ment and the passage of said pro- posed resolution may at that time be amended and passed, or passed as proposed. .Published officially in the Tele- graph- Herald and Dubuque Times- Official Notices 141 Journal newspapers June 7th, 1921. JOHN STUBER, 6 -7 -2t. City Clerk. ORDINANCE NUMBER 100. AN ORDINANCE PRORVIDING FOR THE REPAIR, RERMOVAL OR ABATEMENT OF DANGER- OUS STRUCTURES AND BUILD- INGS WHICH ARE, BY REASON OF AGE, CONDITION OR OTHER CAUSES NUISANCES. Be it Ordained by the City Council of the City of Dubuque: Par. 729. Procedure —Kinds of Buildings— causes of Removal or Repair. Section 1. No person firm or corporation shall erect within the City of Dubuque, or cause to be erected, or shall maintain, permit or suffer to remain on any premises owned by them, any fence, wall, structure or building, which by rea- son of age, dilapidation, defects in construction or other causes may be dangerous to life or property. When any such structure is maintained or built upon any property within the City of Dubuque, the City Council may, by resolution, order the same repaired, reconstructed or removed by the owner thereof within such time as the Council may prescribe, said resolution stating the name of the owner or owners of such struc- ture or building in what the danger consists, and also a description of the property upon which the same is located. Par. 730. Service of Notice. Sec- tion II. A written notice of the pass- age of such resolution together with a copy thereof shall be served by the Chief of Police or any Police Officer upon the owner or owners of the property upon which such structure or building is located, and such notice shall command such persons to appear before the City Council at a meeting to be held by said body at a time stated in said notice and show cause if any there be, why said• structure or building should not be declared a nuisance and removed, repaired or abated. If the owner or owners are non- residents, such notice and a copy of the resolution shall be served upon his or their agent, if one be in the City, and if no agent of said non- resident is known or can be found, then said notice and copy of said resolution shall be posted upon the premises upon which such structure or build- ing is located and published in the official papers of the City for a period of ten (10) days, such publica- tion to be made by three (3) con- secutive publications. Par. 731. Hearing, Section III. At the time fixed in the notice when the owner or owners of the premises shall be required to appear before 142 Official Notices the City Council in answer thereto, said Council shall hold a public hear- ing and determine whether or not said structure or building is dan- gerous to life and property, and if it be found by said Council that said structure or building is of a dan- gerous character, the same may be declared to be a nuisance. Par, 732. Repair, Removal or Abatemen. Section IV. When a structure or building has been de- clared to be a nuisance by the City Council it shall be ordered repaired, reconstructed, removed or abated within a prescribed period and a notice of such action of the Coun- cil shall be served, in like manner as hereinbefore provided for the service of notice upon the property owner, and such notice shall state the time within which such property owner shall be required to comply With the terms of such notice. Par. 733. Failure to Comply, • Sec- tion' V. If the owner of such prop- erty upon Whom a notice has been served as herein provided should fail or refuse to comply therewith within in the time stated therein, the Coun- cil shall notify the Chief of the Fire Department to remove or abate such dangerous building or structure at once, or, if such building is ordered to be repaired or recon- structed, the City may proceed to make such repairs as are necessary, and in either event the cost of re- moving or abating said structure or building or making the necessary repairs shall be charged to the own- ers of said property and the amount thereof may be recovered in a per- sonal suit against the owners of said property or a special assessment may be levied against said property to pay therefor and said assessment shall be collected in the same man- ner as other special assessments and Shall be a lien upon the land upon which such structure or building is located. Adoption of Ordinance. Section VI. This ordinance being deemed urgent and of immediate necessity Shall be in force and efect from and after its unanimaus passage by the City Council and publication as re- quired by law. Passed June 6th, 1921. Adopted June 6th, 1921. Attest: JOHN STUBER, City Clerk, (Signed) JAMES ALDERSON, HARLAN G. MELCHIOR, THEO. GABRIEL, M. B. ROONEY, L. H. BREDE. Published officially in the Tele- graph- Herald and Dubuque Times - Journal newspapers June 7th, 1921. JOHN STUBER, 6 -7 -1t City Clerk. ORDINANCE NO. 101 An ordinance to prevent and sup- press riots, noise, disturbance or dis- orderly assemblies, and providing that before any association, com- pany, society, order, exhibition or aggregation of persons shall parade, march or collect upon the streets of the City of Dubuque, they shall first obtain from the Manager or Mayor of such city a permit, and providing a punishment for violation hereof. Be it ordained by the City Council of the City of Dubuque: Par. 734. Riot. Section I. That it shall be unlawful for three (3) or more per- sons to assemble together for the purpose of committing a riot, or in- citing a riot, or congregation in any manner which might lead to riot. Riot is defined as follows: When three or more persons and in a vio- lent or tumultous manner commit an unlawful act, or together do a lawful act in an unlawful, violent or tumultuous manner, to the disturb- ance of others, they are guilty of a riot. Par. 735. Noise, disturbance, dis- orderly conduct. Sec. II. That it shall be unlawful for three (3) or more persons to assemble together for the purpose of making loud noises, provoking disturbance or as- sociating themselves in disorderly assemblies, which will cause or re- sult in the breach of the peace. Unlawful Assembly is defined as follows: When three or more per- sons in a violent or tumultuous man- ner assemble together to do an un- lawful act, or, when together, at- tempt to do an act whether lawful or unlawful, in an unlawful, violent or tumultuous manner, to the dis- turbance of others, they are guilty of an unlawful assembly. Par. 736. Permit. Sec. III. That before any association, company, so- ciety, order, exhibition or aggrega- tion of persons shall collect or gath- er together or parade or march upon the streets or public places of the City of Dubuque, they shall first ob- tain a permit from the Manager or Mayor of such city, which permit, when issued, shall be without charge, and shall state the time, manner and conditions of such march, parade or assembly. Par. 737. Intimidation. Sec. IV. It shall be unlawful for three (3) or more persons to assemble togeth- er upon the streets, sidewalks or oth- er public places or upon private property, for the purpose of causing other persons to be intimidated, har- rassed or placed in fear of bodily harm. Par. 738. Duty of Police Officers. Sec. V. It shall be the duty of all police officers to enforce the provi- sion of this ordinance and to place under arrest any persons or person who violate the provisions hereof, or who refuse to disband or disburse when requested to do so by any such offr. Par. ice 739. Orderly Assemblies. Sec. VI. Nothing herein shall be con- strued to prevent persons from gath- ering together in orderly or lawful assemblies and which will not result in the disturbance of the peace, riot or disorderly conduct. Par. 740. Penalty. Sec. VII. Any person or persons found guilty of violating any of the provisions of this ordinance shall be fined, for each offense, not less than Five Dollars ($5.00) and not more than One Hun- dred Dollars ($100.00) and imprison- ed until such fines and costs are paid, but in no event for a longer period than Thirty (30) days. Par. 741. Emergency Clause. Sec. VIII, This ordinance being deemed urgent and of immediate necessity shall be in force and effect from and after its passage by the City Council and publication in the official news- papers of the City as provided by law. Adopted, June 6th, 1921. Approved, June 6th, 1921. Signed: JAMES ALDERSON, HARLAN G. MELCHIOR, THEO. GABRIEL, M. B. ROONEY, L. H. BREDE. Attest: JOHN STUBER, City Clerk. Published officially in the Tele- graph- Herald and Dubuque Times - Journal newspapers, June 7th, 1921. JOHN STUBER, City Clerk. NOTICE TO CUT WEEDS. All owners of or agents for vacant property within the City of Dubuque are hereby notified to cause any weeds growing on vacant property to be cut within five days from the date of this publication. In the event of the failure to cause weeds to be cut within this time the city may proceed to cut same. The entire expense of cut- ting weeds must be paid by the owner of this vacant property, either direct or through assessment on the property as outlined in Ordinance No. 86 of the Revised Ordinances of the City of Dubuque. O. E. CARR, 6- 16 -3t. City Manager. ORDINANCE NUMBER 102. AN ORDINANCE LIMITING THE TIME WITHIN WHICH VEHI- CLES MAY BE PARKED OR PERMITTED TO STAND UPON Official Notices 143 CERTAIN STREETS WITHIN THE CITY OF DUBUQUE AND PROVIDING A PENAALTY FOR VIOLATION THEREOF. Be it Ordained by the City Council of the City of Dubuque: Par. 742. When Effective —Time Limit: Sec, 1. From and after the first (1st) day of July, 1921, between the hours of nine (9) a. m, and six (6) p. m., except Sundays and holi- days, it shall be unlawful for any person to park or permit to stand any vehicle upon the streets or parts of streets named in Section Two (2) hereof for a period exceeding fifteen (15) minutes, which period shall be figured from the time the vehicle arrives until it is required to de- part; provided, however, that where it requires a longer period of time to load or unload materials or mer- chandise, such vehicle shall depart immediately after it has completed its loading or unloading. Par. 743. Terms Defined. Sec. II. The terms "to park or permit to stand" shall, for the purpose of this ordinance, be construed to mean the leaving of a vehicle within any par- ticular block upon the streets here- in named, either attended or unat- tended, and the fact that any vehicle is in charge of some person shall not be considered a defense in a prosecu- tion for the violation of the terms hereof Par 744. Limits Defined: Sec. III. The streets or parts of streets whereon parking of vehicles is limit- ed are defined to be as follows: (a). Upon Main street from First street to Thirteenth street. (b). Upon Central avenue from Thirteenth street to Twentieth street, and on the east side of Cen- tral avenue from Twentieth street to Twenty- fourth street. (c). Upon Eighth street from Bluff street to Iowa street. (4). Upon all streets opposite switches or turnouts whereon single street car tracks are laid and main- tained. Par. 745 Other Provisions Re- pealed: Sec. IV. All ordinances or parts of ordinances whose terms are inconsistent or in conflict herewith are hereby repealed. Par. 746. Penalty: Sec. V. Any person whether he be the owner of such vehicle or the driver or oper- ator thereof, who shall be found guilty of violating any of the pro- visions of this ordinance shall be fined not less than One Dollar ($1.00) or more than One Hundred Dollars ($100,00) or be imprisoned for not more than thirty (30) days 'n the city jail and it shall be the duty of the police department to en- force the provisions hereof. Publication Clause: Sec. VI. This 144 ordinance shall be in force and ef- fect ten (10) days from and after its final passage by, the City Council and publication in the official news- papers as provided by law. Passed upon first reading, May 31st, 1921. Passed upon final reading, June 15th, 1921. (Signed) JAMES ALDERSON, Mayor. L. H. BREDE, THEO. GABRIEL, HARLAN G. MELCHIOR, Councilmen. Attest: JOHN STUBER, City Clerk. Published officially in the Tele- graph- Herald and Dubuque Times - Journal, newspapers, June 19th, 1921. JOHN STUBER, 6 -19 -1t City Clerk. OFFICIAL NOTICE, Notice of Special Assessment: Notice is hereby given to all con- cerned that a special assessment as provided by law will be levied at a session of the City Council of the City of Dubuque, Iowa, to be held July 21st, 1912, to pay for construct- ing a six -inch tile sanitary sewer in Chestnut street from the end of the present sewer westerly for a dis- tance of about two hundred feet, Wm. Singrin, contractor. Amount of special assessment $587.02, same to be assessed against the property legally subject to as- sessment upon and along said street. And that there is a plat and sched- ule on file in the office of the City Clerk of said City of Dubuque, show- ing the street in which said sewer was constructed and the separate lots and parcels of ground or speci- fied portions thereof subject to as- sessment for such improvement, the name of the owner thereof as far as practicable and the amount to be assessed against each lot or parcel of ground, which plat and schedule are subject to public inspection. And that any and all persons ob- jecting to said special assessment or to said plat must file his or their objections in writing with the City Clerk of said City of Dubuque on or before said session of the City Coun- cil to be held July 21st, 1921, or to appear at said session of the Council to show cause, if any you have, why said assessment should not be levied. Dated at Dubuque, Iowa, June 29th, 1921, JOHN STUBER, 6 -29 -2t City Clerk. OFFICIAL NOTICE. Notice of Special Assessment: Notice is hereby given to all con- Official Notices cerned that a special assessment as provided by law will be levied at a session of the City Council of the City of Dubuque, Iowa, to be held July 21st, 1921, to pay for construct- ing a six -inch tile sanitary sewer in the alley between Locust street and Bluff street from the present sewer in Dodge street to a point about seventy -five feet south of Jones - street. Even, Ulrich, Staner Co., contractors Amount of special assessment $544.67, same to be assessed against the property legally subject to as- sessment upon and along said alley. And that there is a plat and sched- ule on file in the office of the City Clerk of said City of Dubuque, show- ing the alley in which said sewer was constructed and the separate lots and parcels of ground or speci- fied portions thereof subject to as- sessment for such improvement, the name of the owner thereof as far as practicable and the amount to be as- sessed against each lot or parcel of ground, which plat and schedule are subject to public inspection. And that any and all persons ob- jecting to said special assessment or to said plat must file his or their ob- jections in writing with the City Clerk of said City of Dubuque on or ^fore said session of the City Coun- cil to be held July 21st, 1921, or to appear at said session of the Council to show cause, if any you have, why said assessment should not be levied. Dated at Dubuque, Iowa, Juno 29th, 1921. JOHN STUBER, 6 -29 -2t City Clerk. Regular CITY COUNCIL (Official). Regular Session July 5th, 1921, Council met at 4:30 P. M. Mayor Alderson in the chair. Present—City Manager Carr, May - or Alderson, Councilman Brede, Ga- briel, Melchior, Rooney. Petition of property owners on Pickett street asking for the con- struction of a sanitary sewer in Pickett street from Cornell street to a distance of about 200 feet West, Presented, Councilman Brede mov- ed that the petition be referred to the City Manager for investigation, to report back to the Council, seconded by Councilman Rooney, carried by the following vote: Yeas —Mayor Alderson, Council- man Brede, ' Gabriol, Melchoir, Roon- ey. Nays —None. Petition 'of Hawkeye Oil Co. and J. H. Rhomberg, stating that the Hawkeye Oil Co., have leased lots in Block (5) fronting on Wall street and hereby %ask the City to fill Wall street up to grade from the Levee front to East Fourth street to make it accessable to their tanks and buildings 'which they are about to i erect. Councilman Brede moved that the petition be referred to the City-Manager to investigate and re- port back to the Council. 'Seconded by Councilman Gabriel.. Carried by the following vote: Yeas —Mayor Alderson, Council- man Brede, 'Gabriel, Melchoir, Ron- ey. Nays —None. City Manager Carr made the fol- lowing recommendation: City Council, Dubuque, Iowa. Gentlemen: —At a meeting held Jure 23rd petition of residents on Elm street between Rhomberg Ave- nue and Twenty -first street asking for sewer and water, was referred to the City Manager for investiga- tion and report. Due to the congested condition of our main sanitary sewer, I felt some- what averse to recommending an extension in this street. At the pre- sent time the sewage stands well up in the manhole throughout this en- tire district. The property owners after having been advised of the conditions are still desirous of having 'sewer and water. This is one of the oldest streets in the city and is well built alp. I would therefore recommend that the city proceed with the con- struction of a sanitary sewer in this Session, July 5th, 1921 145 street ,water also to be installed as soon as possible. Respectfully submitted, O. E. CARR, City Manager. Councilman Brede moved that the recommendation of the City Mana- ger be approved, seconded by Coun- cilman Gabriel. Carried by the fol- lowing vote: Yeas —Moyor Alderson, Council- man Brede, Gabriel, Melchoir, Rooney. Nays —None. City Manager Carr made the fol- lowing recommendation: City Council, Dubuque, Iowa. Gentlemen: —An inspection of side- walks in our down town districts shows some sixty -seven conditions in need of repair. I have also a list of some thirty -six in which new walks are recommended. I would therefore request that the City Council direct by proper resolutions new side -walks to be constructed along the following lots, the resolution also providing that in case they are not built with- in fifteen days of the service of the notice, the city will award a con- tract and will have new walks con- structed at the expense of the own- er of the abutting property. This is the i'irst list of new walks to be constructed, but probably not the last, as we wish to get away from the annual injury to persons and expense to the city on account of defective walks in the city. City lots 312 and 318, Farley Loet scher Mfg. Co., White street. City lots 199 and 200, lots 1 and 2 C. A. Morris, Iowa street. City lots 199 and 200, lot 3 G. M. Staples estate, Eleventh street. City lot 289, N. J. Loes, Seventh street. E. 70 ft. of N. 23 ft. 10 in. City Lot 105, Mary Cleaves, Fifth street. W. 44 ft. 6 in. of N. 23 ft. 10 in., City Lot 105, May Delaney, Fifth street. S. 1 / g 'City lot 112, M. J. Powers, 'Cor. Third and Locust. City lot 87 and 88, A. A. Cooper (Inc.) Locust street. S. i/z City lot 249, Eliz and Madg. Pier, Seventh street. City lot 318, Sanitary Milk Co:, Cor. Seventh street and White street. City lot 309 Kassler Fur. 'Co. (Inc.) Cor. Fifth and White streets. City lot 319, John J. Grommersch, Cor. Seventh and White streets. City lot 328, John Appel Jr., Sixth and Clay. S. i/z tof S. 1/5 City lot 441, Orioles Bldg. Assn. Sixteenth street.