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1931 April Council ProceedingsRegular CITY COUNCIL (Official.) Regular Session, April 6th, 1931. Council met at 7:45 P. M. Present —City Manager Evans, Mayor Meuser, Councilmen Andel- finger, Jansen, McEvoy, Schuckert. This being the first meeting of the fiscal year 1931, the first order of business was the administering of the oath of office to Councilmen McEvoy and Schuckert who were re- elected at the regular city election in 1930, to take office on the first ,Monday in April, 1931. Mayor Meuser administered the oath of office to the new council- men, after which the new Council proceeded with the appointment of a • Mayor. Councilman Andelfinger moved that Mr. Meuser, the present incum- bent, be appointed as Mayor for the ensuing year. Seconded by Council- man Schuckert. Carried by the fol- lowing vote: Yeas — Councilmen Andelfinger. Jansen, McEvoy, Schuckert. Nays —None. Not voting —Mayor Meuser. Resolution No. 39 -31. Be it Resolved by the City Coun- cil of the City of Dubuque, that the following officers be appointed to serve during the fiscal year, 1931, at the pleasure of the Council and be paid the salaries provided for in the budget adopted by this Council on March 30, 1931: Roger M. Evans, City Manager. M. H. Czizek, City Solicitor. John Stuber, City Clerk. Milton Glenn, Police Court Judge. George Bennett, City Assessor. Passed, adopted, and approved this 6th day of April, 1931. WM. H. MEUSER, Mayor. ED. McEVOY, Councilmen. GEO. O. JANSEN, H. F. SCHUCKERT, M. B. ANDELFINGER, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Andelfinger moved the adoption of the resolution. Second- ed by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays -None. April 3, 1931. To the Honorable Mayor and Coun- cil of the City of Dubuque: Gentlemen: As City Manager of the City of Dubuque, the under- Session, April 6th, 1931 93 signed hereby advises your Honor- able Body. that he has reappointed all officers and employees now serv- ing in their respective capacities, whom he has the power to appoint under the law, at the salaries pro- vided for in the budget adopted by the Council on March 30, 1931, and requests your approval of such ap- pointments, said officers and em- ployees to serve at the pleasure of the undersigned. Respectfully submitted, R. M. EVANS, City Manager. Resolution No. 40 -31. Be it Resolved by the City Coun- cil of the City of Dubuque, that the appointment of officers and em- ployees made by the Manager be and the same are hereby approved, said officers and employees to serve during the pleasure of the Manager and to be paid the salaries provided for in the budget adopted by the Council on March 30, 1931. Passed, adopted, and approved, this 6th day of April, 1931. WM. H. MEUSER, Mayor. ED. M. McEVOY, GEO. O. JANSEN, H. F. SCHUCKERT, M. B. ANDELFINGER, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Schuckert moved the adoption- of the resolution. Second- ed by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Resolution No. 41 -31. Be it Resolved by the City Coun- cil of the City of Dubuque, that the newspaper published in the City of Dubuque, Iowa, and known as the "Telegraph- Herald & Times - Journal" be and the same is hereby desig- nated and appointed the official newspaper of the City of Dubuque. Passed, adopted, and approved, this 6th day of April, 1931. WM. H. MEUSER, Mayor. ED. McEVOY, GEO. O. JANSEN, H. F. SCHUCKERT, M. B. ANDELFINGER, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Schuckert moved the adoption of the resolution. Second- ed by Councilman Jansen. Carried .by the following vote: Yeas —Mayor Meuser, Councilmen 94 Regular Session, April 6th, 1931 Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. -Resolution No. 42 -31'. Be it Resolved by the City Coun- cil of the City of Dubuque, that the following banks be appointed depos- itories of City funds and the City Treasurer is hereby 'authorized to distribute such funds in such banks in amounts not to exceed the follow- ing: Union Trust and Savings Bank, $75,000. Iowa Trust and Savings Bank, $75,000. Federal Bank and Trust Company, $75,000. First National Bank, $75,000. Consolidated National Bank, $75,000. American Trust and Savings Bank, $50,000. Passed, adopted, and approved, this 6th day of April, 1931. WM. H. MEUSER, Mayor. ED. McEVOY, GEO. O. JANSEN, 11. F. SCHUCKERT, M. B. ANDELFINGER, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Schuckert moved the adoption of the resolution. Second- ed by Councilman Andelfinger. Car- ried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. This date was also fixed or the purpose of levying a special assess- ment for the construction of a sani- tary sewer in Burlington, Stoltz, Davenport and Muscatine streets, conducting a hearing on the issu- ance of bonds to pay for the same and acting on any other business that may come before the meeting. Proof of publication, certified to by the publisher, of the City Coun- cil's intention to levy a special as -, sessment and issue bonds to pay for the construction of a sanitary sewer in Burlington, Stoltz, Davenport and Muscatine streets, and also proof of publication of a hearing on the issu- ance of bonds in the sum of $5,730.51 certified to by the publisher, pre- sented and read. Councilman Schuckert moved that the proofs of publication be re- ceived and filed. Seconded by Coun- cilman McEvoy. Carried by the fol- lowing vote: Yeas—Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Return of service, certified to by Clem Burd, that he has posted the notice of special assessment along the line of improvement. Councilman Schuckert moved that the notice be received and filed. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Resolution No. 41 -31. Schedule of Assessments. April 6, 1931. Resolved by the City Council of the City of Dubuque: That to pay for the construction of an eight (8) inch vitrified tile sanitary sewer, Y branches, risers and manholes in Burlington street from the north line of Lot 81, McDaniel's Park Hill Ad- dition, to the alley between National street and Stoltz street and in the alley between National street and Stoltz street, from Burlington street to Davenport street and in Daven- port street from Stoltz street south to the south line of Lot 29, McDan- iel's Park Hill Addition, and in Stoltz street from Davenport street to the existing manhole in Stoltz Street, and in Muscatine street from Primrose street to the alley first north of National street, Cook & Kean, contractors, in front of and adjoining the same, a special tax be and is hereby levied on the several lots, and parts of lots, and parcels of real estate hereinafter named, situate and owned, and for the sev- eral amounts set opposite each lot or parcel of real estate, as follows: - Special assessment submitted April 6, 1931. Rose R. & Wm. A. Tonnesen, Lot 40, McDaniel's Park Hill Add. $ 95.67 Fred G. Messing, Lot 39, Mc- Daniel's Park Hill Add. 95.67 Rose R. Tonnesen, Lot 38, McDaniel's Park Hill Add. 95.67 Fred Gerdes, Lot 37, McDan- iel's Park Hill Add. 95.67 Maggie Riedi, Lot 36, McDan- iel's Park Hill Add. Magd. Kessler, Lot 35, Mc- Daniel's Park Hill Add Magd. Kessler, Lot 34, Mc- Daniel's Park Hill Add. Oswald W. & Clara Holz, Lot 33, McDaniel's Park Hill Add. Oswald W. & Clara Holz, Lot 32, McDaniel's Park Hill Add. Maggie Riedi, Lot 55, McDan- iel's Park Hill Add. 96.67 95.67 95.67 95.67 96.07 95.67 Maggie Riedi, Lot 56, McDan- iel's Park Hill Len & Walter W. Knoll, Lot 57, McDaniel's Park Hill Add Arnold T. & Agnes Riedi, Lot 58, McDaniel's Park Hill Add. Chris Riedi, Lot 59, McDan- iel's Park Hill Add. Otto T. Larson, Lot 60, Mc- Daniel's Park Hill Add. Otto T. Larson, Lot 61, Mc- Daniel's Park Hill Add C. B: Trewin, Inc., Lot 62, McDaniel's Park Hill Add Henry Wille, Lot 63, McDan- .iel's Park Hill Add. John Stecklein, Lot 72, Mc- Daniel's Park Hill Add John Stecklein, Lot 71, Mc- Daniel's Park Hill Add. John Stecklein, Lot 70, Mc- Daniel's Park Hill Add. John Stecklein, Lot 69, Mc- Daniel's Park Hill Add. John Stecklein, Lot 68, Mc- Daniel's Park Hill Add. Joseph Stoltz, Lot 67, Mc- Daniel's Park Hill Add Joseph Stoltz, Lot 66 Mc- Daniel's Park Hill Add. Joseph Stoltz, Lot 65, McDan- iel's Park Hill Add. Joseph Stoltz, Lot 64, Mc- Daniel's Park Hill Add. Ed Stoltz), Lot 81, McDan- iel's Park Hill Add. 13. H. Becke, Lot 82, McDan- iel's Park Hill Add. John Stecklein, Lot 83, Mc- Daniel's Park Hill Add. John Stecklein, Lot 84, Mc- Daniel's Park Hill Add Edward Steitz, Lot 85, Mc- Daniel's Park Hill Add Edward Stoltz, Lot 86, Mc- Daniel's Park Hill Add Edward Stoltz, Lot 87, Mc- Daniel's Park Hill Add Edward Stoltz, Lot 88, Mc- Daniel's Park Hill Add Edward Stoltz, Lot 89, Mc- Daniel's Park Hill Add John L. Heim, Lot 31, Fair- mount Park Add. John L. Heim, Lot 30, Fair- mount Park Add. John L. Heim, Lot 29, Fair- mount Park Add. John L. Heirn, Lot 28, Fair- mount Park Add. John L. Heim, Lot 27, Fair- mount Park Add. John L. Heim, Lot 26, Fair- mount Park Add. John L. Heim, Lot 25, Fair- mount Park Add. John L. Heim, Lot 24, Fair- mount Park Add. John L. Heim, Lot 23, Fair- mount Park Add. Regular Session, April 6th, 1931 95.67 95.67 95.67 95.67 95.67 95.67 95.67 79.73 95.67 95.67 95.67 95.67 95.67 95.67 95.67 95.67 66.17 95.67 95.67 95.67 95.67 95.67 95.67 95.67 95.67 60.60 71.75 82.93 82.93 82.93 82.93 82.93 82.93 82.93 82.93 John L. Heim, Lot 22, Fair- mount Park Add. 82.93 John L. Heim, Lot 21, Fair- mount Park Add. 82.93 John L. Heim, Lot 20, Fair mount Park Add. 79.73 John L. Heim, Lot 19, Fair- mount Park Add. 79.73 John L. Heim, Lot 18, Fair- mount Park Add. .._ 79.73 John L. Heim, Lot 17, Fair- mount Park Add. 79.73 John L. Heim, Lot 16, Fair- mount Park Add. 79.73 John L. Heim, Lot 15, Fair- mount Park Ada. 79.73 Jchn L. Helm, Lot 43, Fair- mount Park Add. 79.73 John L. Heim, Lot 44, Fair- mount Park Add. 79.73 John L. Heim, Lot 42, Fair- mount Park Add. 79.73 Edward G. Vosberg, Lot 28, McDaniel's Park Hill Add 95.67 Edward G. Vosberg, Lot 29, McDaniel's Park Hill Add 95.67 Fred Wenzel, Lot 30, McDan- iel's Park Hill Add 95.67 John A. Blichman, Lot 31, Mc- Daniel's Park Hill Add 122.00 Andrew Richard, Lot 1, Sub Lot 1 of 1 of 2 of M. L 354 159.47 John A. Blichman, Lot 2, Sub - Lot 2 of M. L. 354 111.62 Wm. and Lillian Dean, Lot 1, Sub. Min. Lot 354 67.73 Total $5,730.51 555.5 lin. ft. of 8 in. tile at $1.60 per lin. ft. $4,085.80 44 6 x 8 in. Y's at $3.00 each 132.00 14 brick manholes at $75.00 each 1,050.0) 1S risers at $2.00 each 36.00 Extra expense at .07134242 per cent 378.60 Interest at 6 pe rcent 45.11 Total $5,730.5i All of which is assessed in pro - portion to the special benefits con- ferred. Adopted April 6th, 1931. Approved April 6th, 1931. WM. H. MEUSER, Mayor. ED. McEVOY, GEO. O. JANSEN, H. F. SCHUCKERT, M. B. ANDELFINGER, Councilmen. Atteest: JOHN STUBER, City .Clerk. Councilman Schuckert moved the adoption of the resolution. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen 9S 96 Regular Session, April 6th, 1931 Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Resolution No. 44-31 • WHEREAS, the contract hereto - fore entered into by the City of Du- buque for the construction of an eight inch tile sanitary sewer in Burlington Street, Davenport Street, .etc., hereinafter described, has been completed and said improvement has b.ten accepted by the City Council of said City and the City Engineer has computed the cost and expense thereof to be $5,730.51. AND WHEREAS, public notice as provided by law, has been published by the City Clerk stating the inten- tion of the City Council to issue bonds to pay the cost of said im- provement and a public hearing has been held pursuant thereto, and all oojections filed thereto have been considered and determined: NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque that to provide for the cost of constructing an eight inch vitrified tile sanitary sewer, Y branches, risers and manholes in Burlington Street from the north line of Lot 81, McDaniel's Park Hill Ad- dition to the alley between National Street and Stoltz Street, and in the alley between National Street and Stoltz Street from Burlington Street 10 Davenport Street, and in Daven- port Street from Stoltz Street south to the south line of Lot 29 McDan- iel's Park Hill Addition, and in Stoltz Street from Davenport Street to the existing manhole in Stoltz Etreet, and in Muscatine Street from Primrose Street to the alley first north of National Street there be is- sued sewer bonds to the amount of $5,730.51. Said bonds shall be issued under the provisions of Chapter 311 of the Code of Iowa, 1927, which bear date as of the 6th day of May, 1931: shall be in the denominations of $500.00 except that there shall be one bond to the amount of $230.51. They shall t e numbered from 2936 to 2947 in- clusive and shall be divided into ten series of which the bond numbered 2936 shall constitute the first series and shall be payable the 1st day of April, A. D. 1932; the bond numbered 2937 shal constitute the second ser- ies and shall be payable the 1st day of April, A. D. 1933; the bond num- bered 2938 shall constitute the third series and shall be payable the 1st day of April, A. D. 1934; the bond numbered 2939 shall constitute the fourth series and shall be payable the 1st day of April, A. D. 1936; the bonds numbered 2940 and 2941 shall constitute the fifth series and shall be payable- the 1st day of April, A. D. 1936; the bonds numbered 2942 snd 2943 shall constitute the sixth :,cries and shall be payable the 1st day of April, A. D. 1937; the bond numbered 2944 shall constitute. the seventh series and shall be payable the 1st day of April, A. D. 1938; the bond numbered 2945 shall constitute the eighth series and shall be pay- able the 1st day of April, A .D. 1939; the bond numbered 2946 shall con- stitute the ninth series and shall be payable the 1st day of April, A. D. 1940; the bond numbered 2947 shall constitute the tenth series and shall be payable the 1st day of April, A. D. 1941. Said bonds shall bear interest at tho rate of five per cent per annum - which interest shall be payable semi- annually, in accordance with the terms of the coupons thereto attach - e0; and said bonds shall be payable cut of the proceeds of the special as- sessment levied for said improve- ment. Both principal and interest shall be payable at the office of the City Treasurer in the City of Dubuque. Said bonds shall be substantially in the following form: No Series No CITY OF DUBUQUE SEWER BOND The City of Dubuque in the State of Iowa promises to pay as herein- after mentioned to the bearer hereof, on the first day of April, A. D. 193 or any time before that date at the option of the City, the sum of $500.00 hundred dollars with interest there- on at the rate of five per cent per annum, payable on the presentation and surrender of the interest cou- pons hereto attached, both interest and principal are payable at the of- fice 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 311 of the Code of Iowa, 1927, and in accordance with a reso- lution of the City Council of said (ny, duly passed on the 6th day of April, 1931. This bond is one of a series of 12 bonds, 11 for $500.00, numbered from 2936 to 2946 inclu- sive, and one for $230.51 numbered %047, off of like tenor and date, and issued for the purpose of construct- ing an eight inch vitrified tile sani- tary sewer, Y branches, risers and manholes in Burlington Street from t i,e north line of Lot 81, McDaniel's Fark Hill Addition to the alley be- tween National Street and Stoltz Street, and in the alley between Na- tional Street and Stoltz Street from Burlington Street to Davenport S; reet, and in Davenport Street from Stoltz Street south to the south line of Lot 29 McDaniel's Park Hill Ad- dition, and in Stoltz Street from Dav- enport Street to the existing man- hole in Stoltz Street, and in Musca- t:ne Street from Primrose Street to the alley first north of National Street and described in said resolu- tion; which cost is assessable to fund levied along said improvement, and is made by law a lien on all abutting or adjacent property, and payable in ten annual installments, with interest on all deferred pay- ments at the rate of five per cent, per annum, and this bond is payable erily out of the money derived from the collection of said special tax, and said money can be used for no other purpose. And it is hereby certified and recited that all the acts and con- ditions and things required to be done precedent to and in the issu- ing of this series of bonds, have been done, happened and performed in regular and due form as required by said law and resolution; and for the assessments, collections and pay- ment hereon of said special tax, the faith and diligence of said City of Dubuque are hereby irrevocably pledged. In witness whereof, the City of Dubuque by its City Council has caused this bond to be signed by its Mayor and countersigned by its City Clerk, with the seal of said City af- fixed this 6th day of April, 1931, and has authorized the use of their fac simile signature to the interest cou- p;ns hereto attached. Mayor. Countersigned (Seal) City Clerk. (Form of Coupon) On the day of A. D. 193 , the City of Dubuque, Iowa, promises to pay to the bearer, as provided to the bond, the sum c f Dollars, at ' the ifice of the City Treasurer in the City of Dubuque, being months interest due that day on its Sewer Bond No , dated 193 Countersigned Regular Session, April 6th, 1931 97 Mayor. City Clerk. BE IT FURTHER RESOLVED, tat • the Mayor and City Clerk be and they are hereby instructed to cause said bonds to be prepared and k hen so prepared to execute said bonds, and that the City Clerk be and he is hereby instructed to reg- ister said bonds in a book to be kept by him for that purpose, and to then deliver them to the City Treasurer who will also register them in a book to be kept by him for that purpose. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby instructed to sell said bends in the manner provided by Law, the proceeds of said sale to be kept in a special fund to be known as Sewer Fund. BE IT FURTHER RESOLVED, that the interest coupons attached to the bonds be signed with the fac- simile signature of the Mayor and countersigned with the fac- simile sig nature of the City Clerk. BE IT FURTHER RESOLVED, that as fast as funds allow, begin- ning with the second year after the Payment of interest due, these bonds shall be called and retired in the same order as numbered. Adopted this 6th day of April, 1. 193 Approved: WM. MEUSER, Mayor. ED. McEVOY, GEO. O. JANSEN, H. F. SCHUCKERT, M. B. ANDELFINGTR, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Schuckert moved the adoption of the resolution. Second - r.d by Councilman Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and c•huckert. Nays —None. March 31, 1931. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that at an informal meeting of the City Council held at 11:00 A. M., March 31, 1931, at which Councilmen Meu- ser, Schuckert and McEvoy were present, they investigated the re- quest of the Midwest Lumber Com- pany to construct a lumber shed on East 7th Street which does not ful- ly comply with the City Building Code. After viewing the proposed site of said lumber shed, the petition was granted. Respectfully submitted, W. H. CULLEN, City Engineer. Councilman McEvoy moved that the report be approved and the per- mit be granted. Seconded by Coun- cilman Schuckert. Carried by the following vote: Yeas —Mayor Meuser, Councilmen 98 Regular Session, April 6th, 1931 Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Official bond of City Treasurer Otto F. Puls presented for approval. Being properly executed, Council- man Schuckert moved that the bond be approved and placed on file. Sec- onded by Councilman McEvoy. Car- ried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Certificate of the Continental Cas- ualty Co., certifying that they have complied with the provisions of Chapter 404, Title XX, of the Code of 1927, State of Iowa. Councilman Schuckert moved that the certificate be received and filed. Seconded by Councilman Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Petition of Steve Kenneally rela- tive to having the 1930 tax cancelled on Lot 10, Newman, Cooper & Smith's Sub., referred to the Council by the Board of Supervisors. Councilman Jansen moved that the petition be referred to the City Solicitor. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor 11leuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Petition of Theodore T. Kohl, re- ferred to the Council by the Board of Supervisors, relative to having the 1930 tax suspended on N. 1/2 of W. 170 feet of Lot 291, Davis Farm Add. Councilman Schuckert moved that the prayer of the petition be grant- ed and the Board of Supervisors be advised of the Council's action. Seconded by Councilman Jansen. Carried by the following vote: Yeas — Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Petition of Jos. A. Clark, County Treasurer, stating that a receipt was issued (receipt $534) to Mrs. Paul- ine Hoeffiin covering installment of assessment No. 8 for improvement of White Street Fund No. 450 on S. 23 ft. 4 in. of N. M. 1 -5 of City Lot 437; credit was not entered, a sub- sequent amount of $15.35 was issued to Ed. Muntz, who was in possess- ion of a tax sale certificate. The above constitutes a double payment received by the City as Mrs. Hoef- flin holds the prior receipt. Mr. Clark petitions the Council for a refund in the sum of $15.35, to be made at the office of the Coun- ty Treasurer, as they are holding receipt of Ed. Muntz. Councilman McEvoy moved that the petition be referred to the City Solicitor, to take up the matter with the Treasurer. Seconded by Council- man Jansen. Carried by the follow- ing vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Petition of Jos. A. Clark, County Treasurer, asking cancellation of a tax sale certificate No. 373, held by the City of Dubuque covering the eighth installment for the improve- ment of Jackson Street (Fund No. 440) assessed against Lot E. 80 ft. of N. M. 1 /2 of Lot 23, L. H. Lang - worthy's Add., in the name of Phil O'Doud, as the issue of the above certificate was due to an error, as the payment was not credited to Mr. O'Doud when he made the pay- ment. Councilman McEvoy moved that the petition be referred to the City Solicitor to take up with the Treas- urer. Seconded by Councilman Jan- sen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Report of Walter Cullen, City En- gineer, on the petition of Mrs. Jose- phine Jacquinot, relative to a fur- ther reduction on the assessment for sidewalk construction in con- nection with the boulevard light in- stallation on Central Avenue be- tween 18th Street and 22nd Street, referred to him for investigation. The assessments for Central Ave- nue paving, if levied against her property as was levied against oth- er property on - Central Avenue, would have been $320.21. Reductions granted her were $132.37; she was also granted a reduction of $12.88 on the sidewalk assessment in front of her property which was laid in connection wtih the boulevard light installation. Councilman Jansen moved the re- port be approved and the petition be received and filed. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Petition of Mrs. Jacquinot asking a further reduction on the assess- ment for sidewalk repairs, claiming that the driveway is not as good as it was before it was relaid. Councilman Jansen moved that the petition be received and filed. Seconded by Councilman McEvoy. Carried by the following vote: Yeas Mayor Meuser, Councilmen Andelfinger, Jansen McEvoy, and • Schuckert. Nays —None. City Manager Evans reported on the drainage of the hill in the rear of the Holy Ghost Church, which drains across the sidewalk over a private driveway owned jointly by the church and Mr. Wolter on Cen- tral Avenue. He states that the nuis- ance can be removed by construct- ing a 15 -inch storm sewer from the ditch in the rear at the foot of the hill across church property, with permission of the church authorities, to the existing storm sewer in 30th Street, a distance of 345 feet. The estimated cost of said sewer amounts to $445.00 as itemized on attached sketch. This method will eliminate the storm water nuisance and is cheaper than a new adequate storm sewer run under paving of Central. Avenue from the present driveway drain to 29th Street. Councilman Jansen moved that the report be approved and the sewer be constructed under the supervision of the Engineer by City force of workmen. Seconded by Councilman McEvoy. Carried by the followng vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Report of the City Engineer on the petition of Bennett Street property owners asking that said street be improved from Grandview Avenue to Algona Street. He reports that $2,533.36 of the assessment will be levied against property owners in favor of the improvement .and $1,352.50 will be assessed to those opposing the improvement. Councilman Schuckert moved that the prayer of the petition for the improvement of said street be grant- ed and the Engineer be instructed to prepare plans and specifications. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Reports of the City Auditor, City Engineer, City Waterworks, City Payroll and lists of warrants drawn for the month of March 1931. Councilman Schuckert moved that the reports be approved and placed on file. Seconded by Councilman Regular Session, April 6th, 1931 99 McEvoy. vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. City Council proceedings for the month of February, 1931, presented for approval. Councilman Schuck- ert moved that they be approved as printed and placed on file. Second- ed by Councilman Jansen. Carried by the following vote. Yeas —Mayor Mouser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. The City Market and Harbor Mas- ter reported that Alex Volkert and Dave Gantenbein are back in their payments for rentals for the years 1930 and 1931 and asks the Council what procedure to take in collecting same. Councilman McEvoy moved that the parties referred to be notified that these rents must be paid with- in ten days from the date that no- tice is served upon them, and if not paid by that time they will receive notice to vacate the premises that they now occupy. Seconded by Coun- cilman Jansen. Carried by the fol- lowing vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Petition of C. E. Allen Bakery for permission to start a route sell- ing cakes, bread and bakery on the streets of the City. Councilman Schuckert moved that the petition be referred to the City Solicitor for investigation and re- port. Seconded by Councilman An- delfinger. Carried by the following vote. Yeas —Mayor Mouser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Petition of property owners ob- jecting to the improving of the alley between West Locust Street and Al- mond Street from Ellis to Foye Streets presented and read. Councilman Schuckert moved that the petition be received and filed. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Certificate of City Manager. April 6, 1931. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The undersigned here- by certifies that the contract for the Carried by the following 100 construction of a sanitary sewer in and along Muscatine, West Twenty- eighth, Burlington, Davenport and Sabula Streets, Uhlrich -Paley Com- pany, contractors, has been com- pleted. I further certify that this work has been done in accordance with the plans and specifications and sti- pulations of the contract and I would therefore recommend its ac- ceptance by the Council. . Respectfully submitted, R. M. EVANS, City Manager. A Resolution accepting improve- ment and directing the Clerk to pub- lish notice. City of Dubuque, Iowa. Resolution No. 45 -31. Whereas, the contract for the con- ' struction of an eight (8) inch vit- rified tile sanitary sewer, manholes, Y branches and risers in West Twenty- eighth Street from the exist- ing manhole in Central Avenue to Muscatine Street and in Muscatine Street from West Twenty- eighth street to Primrose Street and from West Twenty- eighth street souther- ly to the north line of Lot 22, South Park Hill Add., and in Sabula Street from Muscatine Street to the end of said street, thence across Lot 1 of Mineral Lot 346, thence in Burling- ton Street to the south line of Lot 80, McDaniel's Park Hill Add., and in Davenport Street from West Twenty - eighth Street to the south line of Lot 21, McDaniel's Park Hill Add., has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the con- tract, plans and specifications and recommends its acceptance, now therefore, Be It Resolved, by the City Coun- cil of the City of Dubuque, that the recommendation of the , City Man- ager be approved and that said im- provement be and the same is here- by accepted and the City Engineer be and he is hereby directed to pre- pare a plat and schedule showing the lots or parcels of real estate subject to assessment for said im- provement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assessments therefor, as required by law. Be It Further Resolved, that the City Treasurer be and he is hereby . directed to pay to the contractor from the funds to be realized from the sale of Sewer bonds issued up- Regular Session, April 6th, 1931 on the above described improve- ment in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, adopted and approved this 6th day of April, 1931. Approved: WM. H. MEUSER, Mayor. ED. McEVOY, GEO. O. JANSEN, H. F. SCHUCKERT, M. B. ANDELFINGER, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Schuckert moved the adoption of the resolution Second- ed by Councilman Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. April 6, 1931. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have approved the following pol- icies covering signs and desire your approval on same for filing: Elmer Johannsen, 6th and Locust Streets; Policy No. G. L. 1156366, Hartford Accident & Indemnity Co. Peter Takos Co., 472 Main Street; Policy No. G. L. 0574339, Aetna Life Insurance Co. Capital Theatre (Jos. Diener), 22nd and Central Avenue; Policy G. L 0574298, Aetna Life Insurance Co. DeLuxe Cigar Store (M. Mai), 1401 Central Ave.; Policy No. P. L. 19460, Iowa Mutual Liability Insur- ance Co. North End Grocery (Avery Cra- mer), 3165 Central Ave.; Policy No. 594661, Southern Surety Co. Respectfully submitted, R. M. EVANS, City Manager. Councilman Schuckert moved that the bonds be approved and placed on file. Seconded by Councilman Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Annual report of the City Solicit- or for the fiscal year from April 1930 to April 1931 presented for approval. Councilman Schuckert moved that the report be approved and placed on file and the Solicitor be com- mended on the results achieved. Seconded by Councilman Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Regular Andelfianger, Jansen, McEvoy, and Schuckert Nays —None. Councilman Schuckert moved that the rules be suspended to allow any- one present who wishes to do so to address the Council. Seconded by Councilman Andelfinger. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Mrs. Frank Theiring addressed the Council stating that about No- vember 23, 1930, she fell on a de- fective sidewalk on West 8th Street and injured her right arm. She states that she does not want to sue the City, but hereby asks that the City Day the Doctor bill and also for help she had to hire during the time she was laid up. Councilman Andelfinger moved that the matter be referred to the City Solicitor. Seconded by Coun- cilman Jansen. Carried by the fol- lowing vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen McEvoy, and Schuckert. Nays —None. Councilman Schuckert moved that the unexpended amounts as shown in the Auditors report be transferred to the respective funds wherein the balances appear, and the overdraft in the Fire maintenance fund be made up from the 1931 appropria- tion. Seconded by Councilman Mc- Evoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, Schu- ckert. Nays —None. Councilman Andelfinger moved that the City Manager be congratu- lated and commended in making this showing. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Meuser, Council- men Andelfinger, Jansen, McEvoy, Schuckert. Nays —None. The City Manager to whom was referred the matter of cleaning and repairing the sewer adjoining the property of Mr. O'Rourke on West Locust street, with power to effect a settlement, reported that he and Mr. O'Rourke came to an agreement, whereby the City will pay $30.00 to- wards this work, and if the Council approves of this settlement, a war- rant he drawn in this amount in fav- or of Mullen Bros., plumbers, who did this work. Session, April 6th, 1931 101 Councilman Schuckert moved that the action of the City Manager be approved and the Auditor be in- structed to draw said warrant. Sec- onded by Councilman McEvoy. Car- ried by the following vote: Yeas —Mayor Meuser, Council- men - Andelfinger, Jansen, McEvoy, Schuckert. Nays —None. On recommendation of the City Manager, Councilman Schuckert moved that the City Manager be in- structed to advertise for bids if deemed necessary for a compressor to be used by the Water Department for emergency cases. Seconded by Councilman Jansen. Carried by the following vote: Yeas —Mayor Meuser, Council- men Andelfinger, Jansen, McEvoy, Schuckert. Nays - -Non e. There being no further business, Council adjourned. JOHN STUBER, City Clerk. Approved 1931 Adopted 1931 Councilmen: Attest: City Clerk. . f02 Special Session, April 20th, 1931 CITY COUNCIL (Official) Special session, April 20th, 1931. Meeting called by order of Mayor Meuser and Councilman Jansen. Council met at 7:45 P. M. Present — City Manager Evans, Mayor Meuser, Councilmen Andelfin- ger, Jansen, McEvoy and Schuckert. Mayor Meuser read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of adopting resolutions of necessity for the im- proving of Central Avenue from East 22nd Street and Kaufman Ave- nue, to a point about 50 feet north of East and West 32nd Street, and conducting a hearing on the plans and specifications, form of contract, and cost of improvement for said street, also adopting a resolution of necessity for the installation of 57 single standard boulevard lights on Iowa Street from West 4th Street to West 14th Street, conducting a hear- ing on the plans and specifications, form of contract and cost of im- provement for the installation of said lights, and acting on any other business that may come before the meeting. Proof of publication certified to by the publisher of notice of pendency of resolution of necessity for the im- provement of Central Avenue from the north property line of East 22nd Street and Kaufman Avenue to a point about 50 feet north of the north property line of East and West 32nd Street, presented and read: Councilman Schuckert moved that the proof of publication be received and filed. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Council- men Andelfinger, Jansen, McEvoy, Schuckert. Nays —None. Proof of publication certified to by the publisher of a hearing to be con- ducted on the plans and specifica- tions, form of contract, cost of im- provement for the improvement of Central Avenue from the north prop- erty line of East 22nd Street and Kaufman Avenue. to a point avloiit 50 feet north of East and West 32nd Street, presented and read. Councilman Schuckert moved that the proof of publication be received and filed. Seconded by Conncilman Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger.. Jansen, McEvoy and Schuckert. , Nays —None. Remonstrances filed against the improvement, form of - contract and cost of the improvement of said Cen- tral Avenue, by George Gruber, J. U. Schneider, Mrs. Mary Heibinger, and Wm. A. Duffy, presented and read. Councilman Schuckert moved that all the petitions remonstrating against the improvement be received and filed. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy and Schuckert. Nays —None. Resolution No. 30 - 31 (Necessity for Improvement.) WHEREAS, proposed plans, spe- cifications, form of contract, plat and schedule have been duly pre - pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the district, if any. 2. The streets to be improved. 3. The width of such improve- ment, and the size and kind of sew- ers. 4. Each lot proposed to be asses- sed together with a valuation fixed by the Council. 5. An estimate of the cost of the proposed improvement, stating the same for'each different type of con- struction and kind of material to be used. 6. In each case the amount there- of which is estimated to be assessed against each lot, for the improving of Central Avenue from the north, property line of East Twenty- second Street and Kaufman Avenue to a point about fifty (50) feet north of the north property line of East and West Thirty - second Street, by grad- ing said street to the proper sub - grade where necessary, removing old creosote wood blocks, bituminous pavement, brick pavement and sand cushion from existing concrete base, cleaning said concrete base and re- pairing same where necessary, re- moving old stone curb, trees and stumps along parking strip, furnish- ing extra ,concrete for base, furnish- ing steel, constructive concrete side- walks, catch basins and tile con- nections to main sewer, concrete curbs, both high and step curbs, combination curb and gutter con- crete headers, tile drain and install- ing two (2) inch Fibre Conduit where necessary and by paving and draining said street forty -four (44) feet wide from the north property line of East Twenty- second Street and Kaufman Avenue to the south property line of East Twenty - fourth Street and forty (40) feet wide from the south property line of East Twenty- fourth Street to a point about fifty (50) feet north of the north property line of East and West Thirty - second Street with a concrete pavement five (5) inches thick upon the present concrete foundation, or with sheet asphalt pavement one and one -half (1 inch top and neces- sary binder, approximately three (3) inches more or less, upon the pre- sent concrete foundation, or with Warrenite Bitulithic pavement two (2) inches thick and necessary bind- er approximately two and one -half (21/ inches more or less on the present concrete foundation and by paving a single track street railway portion from East Twenty- second and Kaufman Avenue to the Inter- state Power Company Car Barns with concrete pavement five (5) in- ches thick and seven (7) feet wide. Estimated cost for either Concrete or sheet asphalt pavement with street railway tracks included, $61,228.20; estimated cost as if street railway track included, $60,997.20. Estimated cost for War - renite Bitulithic pavement with street railway' tracks included, $76,228.80; estimated cost as if street railway tracks did not exist, $75.997.80. Be It Therefore Resolved that the City Council on its own motion or upon petition of property owners, deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objection to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all pri- vately owned property lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion Special Session, April 20th, 1931 103' to the special benefits conferred thereby, and any deficiency shall be paid out of the. general fund, im- provement funds or sewer funds, or partly out of each of such funds. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed 'and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 23rd day of March, 1931. Approved and placed on file for final action. The foregoing resolution was fin- ally passed and adopted, as pro- posed, by the City Council this 20th day of April, 1931. WM. H. MEUSER, Mayor. ED. McEVOY, GEO. O: JANSEN, H. F. SCHUCKERT, M. B. ANDELFINGER, Councilmen. CERTIFICATE' OF CLERK. It is hereby. certified that at the time set for the final consideration of the above resolution no remon- strance had been filed with the • Council signed by 60% of the prop- erty owners and by owners of 75% of the property subject to assess- ment. JOHN STUBER, City Clerk. Councilman Schuckert moved the adoption of the resolution. Second- ed by Councilman Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Resolution No. 46 (Decision of Council upon objec- tions to plans, specifications, form of contract and cost of improvements.) Whereas, proposed plans and specifications and form of contract for the improving of Central Avenue from the north property line of East Twenty - second Street and Kaufman Avenue to a point about fifty (50) feet north of the north property line of East and West Thirty- second Street, by grading said street to the proper sub -grade where necessary, removing old concrete wood blocks, bituminous pavement, brick pave- ment and sand cushion from exist- ing concrete base, cleaning said con- crete base and repairing same where necessary, removing old stone curb, trees and stumps along parking 104 Special strip, furnishing extra concrete for base, furnishing steel, constructive concrete sidewalks, catch basins and tile connections to main sewer, con- crete curbs, both high and step curbs, combination curb and gutter, concrete headers, tile drain and in- stalling two (2) inch Fibre Conduit where necessary, and by paving and draining said street forty -four (44) feet wide from the north property line of East Twenty- second Street and Kaufmann Avenue to the south property line of East Twenty- fourth Street and forty (40) feet wide from the south property line of East Twenty- fourth Street to a point about fifty (50) feet feet north of the north property line of East and West Thirty- second Street with a concrete pavement five (5) inches thick upon the present concrete foundation, or with sheet asphalt pavement one and one -half (1 inch top and necessary binder, ap- proximately three (3) inches more or less, upon the present concrete foundation with Warrenite Bitulithic pavement two (2) inches thick and necessary binder approximately two and one -half (2 inches more or less on the present concrete founda- tion and by paving a single track street railway portion from East Twenty- second Street and Kaufmann Avenue to the Interstate Power Company Car Barns with concrete pavement five (5) inches thick and seven (7) feet wide. Estimated cost for either Concrete or Sheet Asphalt pavement with street railway tracks included, $61,228.20; estimated cost as if street railway tracks did not exist, $60,997.20. Estimated cost for Warrenite Bitulithic pavement with street railway tracks included, $76,228.80; estimated cost as if street railway tracks did not exist, $75,997.80; have been approved by the City Council of the City of Du- buque and public notice given as provided by Chapter 23 of the Code of flowa, 1927, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifi- cations or contract for or cost of such improvements, said time being the 20th day of April, 1931; and Whereas, the City Council met in Special Session this 20th day of April, 1931, at 7:45 o'clock P. M., at the Council Chambers in the City Hall for the purpose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans, specifications or contract for or cost of the improvement herein described and proposed to be made; and Whereas, all interested parties have been given an opportunity to Session, April 20th, 1931 be heard and all objections which have been filed have been duly weighed and considered; now, there- fore Be It Resolved by the City Coun- cil of the City of Dubuque, that all objections which have been made and filed to the plans, specifications, contract for or cost of said improve- ment herein described and proposed to be made, be and the same are hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. Be It Further Resolved that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of contract for or cost of said improvement be made a matter of permanent record in connection with said improve- ment. Passed, adopted and approved this 20th day of April, 1931. WM. H. MEUSER, Mayor. ED. McEVOY, GEO. O. JANSEN, H. F. SCHUCKERT, M. B. ANDELFINGER, Councilmen. Councilman Schuckert moved the adoption of the resolution. Second- ed by Councilman Andelfinger. Car- ried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Attest: JOHN STUBER, City Clerk. Resolution No. 47 -31. (Ordering Construction.) Be It Resolved by the City Coun- cil of the City of Dubuque that pur- suant to a resolution ,of, necessity No. 30 -31 which was duly passed by this Council for the improving of Central Avenue from the north prop- erty line of East Twenty- second Street and Kaufmann Avenue to a point about fifty (50) feet north of the north property line of East and West Thirty- second Street, by grad- ing said street to the proper sub - grade where necessary, removing old creosote wood blocks, bituminous pavement, brick pavement and sand cushion from existing concrete base, cleaning said concrete base and re- pairing same where necessary, re- moving old stone curb, trees and stumps along parking strip, furnish- ing extra concrete for base, furnish- ing steel, constructive concrete side- walks, catch basins and tile connec- tions to main sewer, concrete curbs, both high and step curbs, combina- tion curb and gutter, concrete head- ers, tile drain and installing two (2) inch Fibre Conduit where necessary, and by paving and draining said street forty -four (44) feet wide from the north property line of East Twenty- second Street and Kaufmann Avenue to the south property line of East Twenty - fourth Street and forty (40) feet wide from the south property line of East Twenty- fourth Street to a point about fifty (50) feet north of the north property line of East and West Thirty- second Street with a concrete pavement five (5) inches thick upon the pres- ent concrete foundation, or with sheet asphalt pavement one and one-half (11/2) inch top and neces- sary binder, approximately three (3) inches more or less, upon the present concrete foundation, or with Warrenite Bitulithic pavement two (2) inches thick and necessary bin- der approximately two and one -half (2 • inches more or less on the present concrete foundation and by paving a single track street railway portion from East Twenty- second Street and Kaufmann Avenue to the Interstate Power Company Car Barns with concrete pavement five (5) in- ches thick and seven (7) feet wide. Estimated cost for either Concrete or Sheet Asphalt pavement with street railway tracks included, $61,228.20; estimated cost as if street railway tracks did not exist, $60,997.20. Estimated cost for War - renite Bitulithic pavement with street railway tracks included, $76,228.80; estimated cost as if street railway tracks did not exist, $75,997.80; be and the same are hereby ordered and constructed by this Council upon its own motion and without the petition of property owners. All the work shall be con- structed in accordance with the plans and specifications heretofore adopted and now on file in the of- fice of the City Clerk. Be It Further Resolved that the cost and expense of the said im- provements be paid for by levying special assessments against the pri- vately owned property lying within the assessable distance from the im- provements, whether such property abut upon the same or are adjacent thereto, according to the area there- of and in proportion to the special benefits conferred, and any defic- iency will be paid out of the general improvement, or sewer funds of the city, or partly from each of such funds. Payment will be made to the contractor out of funds realized from the sale of bonds to be issued in anticipation of deferred payments of assesszLei.ts as provided by law Special Session, April 20th, 1931 105 after the work had been completed and accepted by the City Council. Be It Further Resolved that the City Clerk be and he is hereby or- dered and directed to advertise for proposals for the construction of the various improvements herein provided for in the manner pro- vided by law, the said improvement shall be completed on or before the first day of September, 1931. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 20th clay of April, 1931. WM. H. MEUSER, Mayor. ED. McEVOY, GEO. O. JANSEN, H. F. SCHUCKERT, M. B. ANDELFINGER, Councilmen. Councilman Schuckert moved the adoption of the resolution. Second- ed by councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Attest: JOHN STUBER, City Clerk. Resolution No: 48 -31. Preliminary Estimate, Plans and Specifications and form of contract and cost of improvement for the in- stallation of sewer, water and gas connections in and along the im- provement of Central Avenue from the north property line of East 22nd Street and Kaufman Avenue to a point about 50 feet north, East and West 32nd Street, presented and read. Councilman Andelfinger moved the adoption of the resolution. Sec- onded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Councilman McEvoy moved that the plans on bids be amended for the improvement of Central Avenue, so that bids can be taken for re- setting old curb. Seconded by Coun- cilman Schuckert. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Resolution No. 49 -31. (Necessity for Improvement.) Whereas, proposed plans, specifi 106 Special Session, April 20th, 1931 cations, and form of contract have been duly prepared and approved by the City Council of the City of Du- buque and are now on file in the office of the City Clerk for the con- structing and installing of under - ground connectons do curb lines from sewer, water and gas mains in and along Central Avenue from the north property line of- East 22nd Street and Kaufman Avenue to a point about 50 feet north of East and West 32nd Street. And it is deemed necessary and advisable by said Council, that such connections be made before said street is per- manently improved, by paving. Now, therefore, be it resolved by the City Council of such City that such connections be and the same are hereby ordered made and con- structed and unless the property owners make such connections with- in ten days from the serviec of no- tice upon them bids will be received for such work and a contract awarded. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be a ssessed upon and against all pri- vately owned property, and any de- ficiency shall be paid out of the gen- eral fund or improvement funds for which they are made, or partly out of each of such fund. Certificates shall be issued in anticipation of de- ferred payments of assessments when a contract has been performed and accepted and the proceeds there- of used to pay the contractor. The railway porton of any street or as- sessment district shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and adopted this 20th day of April, 1931. Approved and placed on file for final action. Approved: WM. H. MEUSER, Mayor. ED. McEVOY, GEO. O. JANSEN, H. F. SCHUCKERT, M. B. ANDELFINGER, Councilmen. Councilman Schuckert moved the adoption of the resolution. Second- ed by Councilman Andelfinger. Car- ried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Attest: JOHN STUBER, City Clerk. Proof of publication, certified to by the publisher, of notice of pend- ency of resolution of necessity for public improvement and a hearing upon plans and specifications, form of contract and cost of improvemenc for the installation of 57 single light boulevard standards on Iowa Street from West 4th Street to West 14th Street. Councilman Schuckert moved that the proof of publicaiton be received and filed. Seconded by Councilman Andelfinger. Carried by the follow- ing vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Proof of publication, certified to by the publisher, of a hearing to be conducted on the Plans and Specif- ications, form of contract and cost of improvement for the installation of 57 single light boulevard stan- dard's on Iowa Street from West 4th Street to West 14th Street. Cost of improvement $15,868.89. Councilman Schuckert moved that the proof of publication be received and filed. Seconded by Councilman Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Remonstrances filed against the improvement of installing said lights, by Midland Baking Co., Du- buque Bread Co., Mrs. Mary Entrin- ger, Dr. Scheele, Conlin & Kearns, Merchants Supply Co., Mrs. L. Pier Millin, et al. Councilman Schuckert moved that the rules be suspended to allow any- one present who wishes to do so; to address the Council. Seconded by Councilman Andelfinger. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Dr. M. H. Scheele, Wm. Land - schultz, Mrs. L. Pier Millin, Peter Klauer, et al., addressed the Coun- cil protesting against the improve- ment. Mr. F. Mathey addressed the Council in favor of the improvement stating that 38 property owners who signed for the lights, representing approximately 71% of the property value in the proposed district in- volved, were in favor of the lights. Mr. Nicholas Gonner of the Catholic Printing Co. et al also addressed the Council in favor of the boule- vard lights; also Wm. Clemens, re- presenting the Trausch Baking Co., addressed the Council in favor of the lights. Councilman Jansen moved that the petitions be referred to the Council to check over. Seconded by Councilman McEvoy, Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Councilman Schuckert moved that action on the adoption of resolu- tions of necessity, resolution, upon decision of the Council upon objec- tions to the plans and specifications, form of contract and cost of im- provement, and resolution ordering the construction of the improvement be deferred pending the investiga- tion of the Council. Seconded by Councilman Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Claim of John Homan filed by Walter Koerner, his attorney, against the City of Dubuque, in the sum of $10,000 for personal injuries sustained fry him February 9th, 1931, by falling on a defective sidewalk on the West 'side of East 16th Street between Elm Street and the C. G. W. R. R. tracks, presented and read. Councilman Schuckert moved that the petition be referred to the City Solicitor. Seconded by Councilman McEvoy. Carried by the following vote. - Yeas— Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Petition of Louise Ziegler, re- ferred to the Council by the Board of Supervisors, relative to having the first one -half of the 1930 taxes cancelled on Lot 9, Farimont Park Add., on account of infirmity and old age. Councilman Schuckert moved that the petition be referred to the City Solicitor. Seconded by Councilmen Andelfinger. Carried by the follow- ing vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Petition of Mrs. Mary Fink, re- ferred to the Council by the Board of Supervisors, relative to having the 1930 tax exempted on Lot 14, Reeder Langworthy Sub. Councilman McEvoy moved that the petition be referred to the City Special Session, April 20th, 1931 107 Solicitor. ' Seconded by Councilman Schuckert. Carried by the follow- ing vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. - Petition of Mrs. Frank Pfeiffer, referred to the Council by the Board of Supervisors, relative to having the 1930 tax exempted on boat house at 880 East 16th Street, presented and read. Councilman McEvoy moved that the petition be referred to the City Solicitor. Seconded by Councilman Schuckert. Carried by the follow- ing vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Petition of L. O. Hillyard request- ing that Harrison Street be paved. Councilman McEvoy moved that the petition be referred to the Coun- cil. Seconded by Councilman Schu- cert. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, M cEvoy, and Schuckert. Nays —None. • Petition of the Murphy Insurance Co. asking that the sign - bond of Benj. F. Henry be cancelled, as he is going to remove the sign. Councilman Schuckert moved that the petition be referred to the Build- ing Commissioner. Seconded by Councilman Jansen. ' Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Petition of Kenline, Roedell, Hoff- mann & Tierney in regards to the Ryan Estate, Lot 4, Sub. 229, Union Add., stating that the City holds tax certificates covering sales of this property for street assessment, sewer and regular tax. The total amount is nearly $300.00 while the property is probably of little more than double this amount. In order to save the property and prevent going to tax deed they offer the principal amount of Pace of certif- icate covering the taxes referred to with 5% interest from date of ac- quiring the certificates. Councilman Schuckert moved that the prayer of the petition be grant- ed and the Treasurer be instructed accordingly. Seconded by Council- man Jansen. Carried by the follow- ing vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. 108 Special Session, April 20th, 1931 April 14, 1931. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the suggestion of the architect the writer recommends your approval of an additional small pump, including electric connections and sewer facilities, to be installed at the Municipal Garage below the present floor level of the boiler room, We discovered that the river has risen in the present boiler room pit to such an extent that the boiler might be endangered on recurrence of high water. Linehan & Molo, the present con- tractors for the plumbing, agree to furnish material and install this pit complete for $188.00. Yours very truly, R. M. EVANS, City Manager. Councilman Schuckert moved that the recommendation of the City Manager be approved. Seconded by Councilman Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. April 15th, 1931. To the Honorable Mayor and City' Council, Dubuque, Iowa. Gentlemen. This is to advise that Mr. Harvey L. Spielman, 363 Main Street, has filed application for a cigarette permit for the period coin - mencing April 15, 1931, and expiring June 30, 1931. He has filed a bond properly executed and paid the li- cense fee of $26.00. Respectfully submitted, A. E. SINGRIN, Secy. to City Manager. Councilman McEvoy moved that the bond be received and placed on file and the permit be issued. Sec- onded by Councilman Jansen. Car- ried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Communication from the Purvis Motor Co., suggesting that better parking facilities be instituted at the loop on lower Main Street, pre- sented and read. Councilman McEvoy moved that the communication be referred to the Council for investigation. Sec- onded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Petition of the University of Du- buque, objecting to the (!mpt•ove went of Algona Street, also to the improvement of McCormick Street, at this time as they are already heavily assessed for the sanitary sewer in the West Dubuque District, presented and read. Councilman McEvoy moved that the petition be referred to the Coun- cil. Seconded by Councilman Schu- ckdrt. Ca!tried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Petition of Jos. A. Clark, County Treasurer, relative to the sixth in- stallment of an assessment in the sum of $39,64 paid by Mrs. Harriet Marlin for the improvement of Cleveland Avenue on Lot 104, Union Add., and by mistake credited to Lot 103 and subsequently sold to the City of Dubuque- at tax sale. He hereby asks that the certificate held by the City against Lot 104 be cancelled. Councilman Schuckert moved that the petition be referred to the City Solicitor. Seconded by Councilman Jansen. Carried by the following vote: Yeas —Mayor Mouser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Annual reports of the City Aud- itor and City Treasurer for the fis- cal year 1930 presented for approval. Councilman Schuckert moved that the reports be approved and placed on file. Seconded by Councilman Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinge r, Jansen, McEvoy, and Schuckert. Nays —None. Notice of claim filed by Frantzen, Gilloon & Glenn, attorneys for Mary Zimmerman, in the sum of $500.00 against the City of Dubuque, on ac- count of personal injuries sustained by her in falling on a defective side- walk in front of the E. P. Spahn property located at 1876 White Street on March 16th, 1931, at 4:30 P. M. Councilman Schuckert moved that the petition be referred to the City Solicitor. Seconded by Councilman Andelfinger. Carried by the follow- ing vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert, Nays —None. Petition of Gust Hadyinieoholas, 1309 Washington Street, asking to be allowed to peddle fruit without procuring a license therefor, stating that he is a disabled World War veteran. Councilman Andelfinger moved that the petition be referred to the City Manager for investigation and, if found worthy, petition be granted. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. April 15, 1931. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Inquiry was made to- day by Messrs. Witwer and M. A. Skien of the Witwer Grocer Com- pany of Dubuque toward the pur- chase price that Council would set on different parcels facing Harrison Street and designated from the south toward the north as Lot 4 and 3 of Parcel F, 4 and 3 of E, and 3 and 4 of D, and as to whether or not Council would sell a portion of any one of these individual blocks that vary from 170 to 200 feet north and south acrd are approximately 180 feet eastwardly and westwardly. Im- mediate decision on the sq. ft. basis is requested. Respectfully submitted, R. M. EVANS, City Manager. Councilman McEvoy moved that the petition be referred to the Coun- cil for investigation. Seconded by Councilman Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. April 18th, 1931. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have approved the following bonds and policies and desire to have your approval on same for filing. GENERAL CONTRACTOR. Dependon Asphaltum Roofing Co., Chicago, I11.; Continental Casualty Co. Curtis- Straub Co., 1069 Main Street; Bond No. 17 -21- 226 -31, U. S. Fidelity & Guaranty Co. SIGNS. Majestic Garage (C. Sandry), 141 Locust Street; Policy No. AG 241237, Iowa Mutual Liability Insurance Co. Iowa Motor -Kelly Tire Sales Co., 880 Locust Street; Policy No. X 22946, Maryland Casualty Co. Trausch Baking Co., 1120 Iowa Street; Policy No. PL 19459, Iowa Mutual Liability Insurance Co. Denzler Auto Top & Body Shop, Special Session, April 20th, 1931 109 2011 White Street; Bond No. 849980 - A, American Surety Co. Respectfully submitted, R. M. EVANS, City Manager. Councilman Schuckert moved that the bonds be approved and placed on file. Seconded by Councilman Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Petition of H. R. Thill, Mrs. Mar- tha Thill and R. E. Allen for the vacation of the alley adjoining their property on Hill Street and South Grandview Avenue. Councilman Schuckert moved that the petition be referred to the Coun- cil to view the grounds. Seconded by Councilman Andelfinger. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Petition of the U. S. Treasury De- partment stating that in construct- ing the new Post Office it will be necessary to vacate the alley be- tween Locust and Bluff Streets and from 6th Street 183% feet South. Councilman Schuckert moved that the petition be referred to the City Solicitor to prepare the proper or- dinance for this vacation. Seconded by Councilman Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Petition of the U. S. Engineering Department at Rock Island, stating that they have received a petition from the Lillie Coal Company at Du- buque for permit for dredging in the Mississippi River, protests from the standpoint of navigation will be re- ceived at their office until April 25th, 1931. Councilman McEvoy moved that the petition be rdferred to the Dock Board. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Petition of Ed Stoltz, owner of Lots 87- 88 -89, McDaniel's Park Hill Add., asking that the assessments against these lots for the construc- tion of a sanitary sewer be reduced. Councilman Schuckert moved that the petition be referred to the Coun- cil. Seconded by Councilman Mc- Evoy. Carried by the following vote: 110 Special Session, April 20th, 1931 Yeas--Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Report of the Board of Health for the month of March, 1931, presented for approval. Councilman Andelfinger moved the report, with the exception of that part that refers to restaurants, be approved and Mrs. Timmons, the restaurant inspector, be informed that restaurants rated as fair and fairly good should be brought up to the standard and must be rated as good. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Petition of property owners on Al- gona Street from Delhi Street to St. Joseph Street, signed by 37 signers, objecting to the improvement of said street, presented and read. Councilman McEvoy moved that the petition be referred to the Coun- cil. Seconded by Councilman Schu- ckert. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. April 20th, 1931. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: In accordance with Chapter 289 of the Iowa State Code, 1927, the Civil Service Commission conducted an examination for appli- cants to the Police and Fire Depart- ments on April 6, 1931. The following ten names on the Police Department list are those who have passed the mental and physical examinations with the high- est average and are respectfully sub- mitting same for your information and approval. POLICE DEPARTMENT. Edward Welu 931/2 Joseph P. Link 92 Edw. A. Whitfield 92% Cyril V. Behr 90 Milton T. Tonneson 89% John F. Donahue 88% Harry A. Baker 88 Win. J. Stratton 85 Wm. A. Trentz 84 LeRoy Weis 84 Respectfully submitted, R. L. WOODWARD, Chairman. E. J. RYAN, J. E. ERNSDORFF, Commissioners. A. E. SIGMAN, Secretary. Subscribed and sworn to before me this 20th day of April, 1931. JOHN STUBER, Notary Public. (Seal) Councilman Schuckert moved that the report be received and placed on file. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Petition of L. G. Huntington, W. C. Cottingham, and J. W. Coates ask- ing that their names be stricken off of the petition for the improvement of Algona Street, was referred to the Council with the petition protesting aginst the improvement of said street. Petition of property owners on Bennett Street asking that the part of the street from Algona Street to McCormick Street be included in the petition for improvement of said s reet from Grandview Avenue to Al- gona Street. Councilman Schuckert moved that toe prayer of the petition be grant- ed. Seconded by Councilman Mc- Evoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Petition of Frank Burlingame for a license to operate a sandwich wag- on on the street of the City of Du- buque. Councilman McEvoy moved that the prayer of the petition be granted. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Petition of Daughters of Union Vet- erans of the Civil War to hold a tag dag June 14th, 1931, and a petition of American Legion Auxiliary to con- duct a poppy sale some time in May. Councilman McEvoy moved that the petitions be granted. Seconded by Councilman Jansen. Carried by the following vote: Yeas - -Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Resolution No. 50 -31 Preliminary estimate, plans and specifications, form of contract, and cost of improvement for the im- rrovement of McCormick Street from the south property line of Delhi Street to the north property line of Grace Street, presented and read. Adopted April 20th, 1931. WM. H. MEUSER, Mayor. ED. McEVOY, GEO. O. JANSEN, H. F. SCHUCKERT, M. B. ANDELFINGER, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Schuckert moved the adoption of the resolution.' Second- ed by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays - -N one. Resolution No. 51 -31 (Necessity for improvement) WHEREAS, proposed plans, speci- fications, form of contract, plat and schedule have been duly prepared and approved by the City Council of `_he City of Dubuque and are now on file in the office of the City Clerk showing among other things the fol- lowing: 1. The boundaries of the district, if any. 2. The streets to be improved. 3. The width of such improve- ment, and the size and kind of sew- ers. 4. Each lot proposed to be assess- ed together with a valuation fixed by the Council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of con- : truction and kind of material to be used. 6. In each case the amount there- of which is estimated to be assessed against each lot, for the improving of McCormick Street from the south property line of Delhi Street to the north property line of Grace Street by grading said street to the proper sub grade furnishing class B con- crete and furnishing steel if neces- sary, constructing cement sidewalks, laying twelve (12) inch tile from catch basins to storm sewer, laying drain tile, draining and paving said street with a concrete pavement with integral curb thirty -one (31) feet wide and six (6) inches thick and re- moving all existing combination curb and gutter or by paving with con- crete twenty -four (24) feet wide and six (6) inches thick between exist - nig combination curb and gutter where same is in first class condi- t:on and replacing all damaged sec- tions. Estimated cost $5,237.40. BE IT THEREFORE RESOLVED That the City Council upon petition Special Session, April 20th, 1931 111 of property owners, deems it advis- able and necessary for the public welfare to make the herein mention- ed improvements, and unless proper- ty owners at the time of the final consideration of this proposed resolu- tion have on file with the City Clerk objections to the mount of the pro- posed ssessmeuts, they shal be deem- ed to have waived all objections thereto. Said improvement shal lbe con - structed and done in accordance with the plans and specifications which have been prepared by the City Engineer which have been ap- proved by the City Council and are now on file with the City Clerk. That the cost and expense of mak- ing said improvement will be as- sessed upon and against all private- ly owned property lying within as- sessable distance provided by law and in an amount not to exceed the amount provided by law, Property w,ll be assessed whether the same abuts thereon or is adjacent there- to according to area and in propor- tion to the special benetfis conferred thereby, and any deficiency shall be paid out of the general fund or im- provement funds ,or partly out of each of such funds. Bonds shall be issued and sold in anticipation of de- ferred payments of assessments when a contract has been performed and accepted and the proceeds thev- of used to pay the contractor. The railway portion of any street or as- sessment district shall be assessed 10 and paid by the railway company in the manner provided by law. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 20th clay of April, 1931. Approved and placed on file for final action. Approved: WM. H. MEUSER, Mayor. ED. McEVOY, GEO. O. JANSEN, H. F. SCHUCII;ERT, M. B. ANDELFINGER, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Schuckert moved that the resolution be approved and placed on file for final action. Sec- onded by Councilman McEvoy. Car- ried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays - -None. Resolution No. 52 -31 (Fixing date of hearing) WHEREAS, the City Council of the of which is estimated to be assessed against each lot, for the improving of Spruce Street from the north pro- perty line of Jefferson Street to the south property line of West nth Street, by grading said street to pro- per sub - grade, constructing concrete sidewalks and steps, furnishing steel, ..welve (12) inch tile and construct - 'ng catch basins where necessary and paving said street with a con- crete pavement twenty -eight (28) feet wide and six (6) inches thick with integral curb. Estimated cost $1,844.00. BE IT THEREFORE RESOLVED that the 'City Council upon petition of property owners, deems it advis- able and necessary for the public welfare to make the herein men- toned improvement, and unless pro- perty owners at the time of the final consideration of this proposed reso- lution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objec- tions thereto. Said improvement shall be con - structed and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been ap- proved by the City Council and are Pow on file with the City Clerk. That the cost and expense of making r• aid improvement will be assessed upon and against all privately owned property lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be as- sessed whether the same abuts there- on or is adjacent thereto according to area and in proportion to the spe- cial benefits conferred thereby, and any deficiency shall be paid out of :.he general fund or improvement funds, or partly out of each of such funds. Bonds shall be issued and sold in anticipation of deferred pay- ments of assessments when a con- tract has been performed and ac- cepted and the proceeds thereof used to pay the contractor. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 20th day of April, 1931. Approved and placed on file for final action. Approved: WM. 11. MEUSER, Mayor. ED. McEVOY, GEO. O. JANSEN, H. F. SCHUCKERT, M. B. ANDELFINGER, Councilmen. Attest: JOHN STUBER, City Cerk. Special Session, April 20th, 1931 113 Councilman Schuckert moved. that the resolution be approved and rlaced on file for final action. Sec - cnded by Councilman Jansen. Car- ried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Resolution No. 55 -31 (Fixing date of hearing) WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 53 -31 given its preliminary approval on the proposed llnns, specifications and form of con- tract and placed same on file in the office of the City Clerk for public inspection, for the improving of Spruce Street from the north pro- perty line of Jefferson Street to the south property line of West llth Street, by grading said street to the proper sub - grade, constructing con- crete sidewalks and steps, furnish- ing steel, twelve (12) inch tile, con- structing catch basins where neces- sary and paving said street with a concrete pavement twenty -eight (28) feet wide and six (6) inches thick with integral curb. Estimated cost $1.814.00, and, WHEREAS, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's office for public inspection. BE IT THEREFORE RESOLVED that on the 11th day of May, 1931. a public hearing will be held at 7:30 o'clock P. M. in the Council Chamber in the City of Dubuque at which time the owners of property subject to assessment for the proposed improve- ment may appear and make objec- tion to the proposed plans and speci- fications and proposed form of con- tract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Neces- sity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hear- ing to he published in some news - Caper published in the City of Du- buque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless pro- perty owners at the time of final consideration of said resolution have en file with the Clerk objections to the amount of the proposed assess- ment, ,they shall have been deemed to have waived all objections there- to, at which hearing the Council will hear such objections and enter 112 Special Session, April 20th, 1931 City of Dubuque, Iowa, has by Reso- lution No. 50 -31 given its prelim- inary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk by public inspec tion, for the improving of McCormick Street from the south property line of Delhi Street to the north proper- g ty line of Grace Street by grading said street to the proper sub - grade, furnishing class 13 concrete and fur- nishing steel if necessary, construct- ing cement sidewalks, laying twelve (12) -inch tile from catch basins to storm sewer, laying drain tile, drain- ing and paving said street with a concrete pavement with integral curb thirty-one feet (31) wide and six (6) inches thick and removing all exist- ing combination curb and gutter of by paving with concrete tweu Y -four (24) feet wide and six (6) thick between existing combination curb and gutter where same is in first class condition and replacing all damaged sections. Estimate cost $5,237,40, and, WHEREAS, the proposed Resolu- tion of Necessity for said improve - on men int he City Clericc's office for Public inspection, BE IT THEREFORE RESOLVE a that on the llth day of May, public hearing will be held at 7:30 o'clock P. M. in the Council Chamber in the City of Dubuque at which time toe owners of property subject to ssessment for the proposed improve ment may appear and make objec- tion to the proposed plans and speci- fications and proposed form of con- tract and at the same time to the boundaries of the proposed district, to the cost of the improvement, the amount proposed o be assessed P against any lot and to the passage of the essity and proposed Resolution n the City Clerk be and he is hereby directed to cause a notice of the time and place of such hear- ing to be published in some news - paper uque, published last of which shall D ti nor more than not less than two (2) four (4) weeks prior to the day fixed For its consideration and unless pro- perty owners at the time of final consideration of said resolution have on file with the Clerk objections to the amount of the proposed assess- ment, they shall have been deemed to have waived all objections there- to, at which hearing the Council will Lear such objections and enter on record its final decision thereon and amend resolution of necessity or adopt the same as proposed. Passed, adopted and approved this 20th day of April, 1931. WM. H. MEUSER, Mayor. ED. McEVOY, GEO. O. JANSEN, H. F. SCHUCKERT, M. B. ANDELFINGER, Councilmen JOHN STUBER, City Clerk. Councilman Schuckert moved the adoption of the resolution. Second - ed by Councilman Jansen, Carried by the following vote; Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Resolution No. 53 -31 Resolution, preliminary estimate, plans and specifications, form of con- tract and cost of improvement, for the improvement of Spruce Street from the north property line of Jef- ferson Street to the south property line of West llth Street, presented. Adopted April 20th, 1931. WM. H MEUSER, Mayor. ED. McEVOY, GEO. O. JANSEN, H. F. SCHUCKERT, M. B. ANDELFINGER, Councilmen, Attest: JOHN STUBER, City Clerk. Councilman Schuckert moved the adoption of the resolution. Second- ed by Councilman McEvoy. Carried by the following vote; Yeas —Mayor Meuser, Councilmen ndelfi.nger, Jansen, McEvoy, and Schuckert. Nays —None. Resolution No. 54-31 (Necessity for improvement) WHEREAS, proposed plans, speci- fications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the fol- lowing: 1. The boundaries of the district, it any. 2. The streets to be improved. 3. The width of such improve- ment, and the size and kind of sew- ers. 4, Each lot proposed to be as- sessed together with a valuation fixed by the Council. 5. An estimate of the cost of the proposed improvement, stating the F ame fo reach different type of con - struction and kind of material to be used. 6. In each case the amount there- Attest : 114 Special Session, April 20th, 1931 on record its final decision thereon and amend resolution of necessity or adopt same as proposed. Passed, adopted and approved this 20th day of April, 1931. WM. H. MEUSER, Mayor. ED. McEVOY, GEO. O. JANSEN, H. F. SCHUCKERT, W. B. ANDELFINGER, Councilmen. Councilman Schuckert moved the adoption of the resolution. Second- ed by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Report of the City Solicitor on the case of Frank J. Fosselman vs. The City of Dubuque. On October 17th, 1929, a judgment was had against the City in the case of Frank J. Fosselman vs. The City of Dubuque in the sum of $1,500. Following the entry of the judgment I took an appeal in the case to the Supreme Court and the Supreme Court has now overruled the appeal and sustained the decision of the lower court. The judgment carried with it in- terest at the rate of 6% and costs. The amount of the judgment includ- ing the interest is $1,635.75 and the costs are $170.46. Kindly have a warrant drawn in favor of R. P. Marshall, Clerk of the District Court in the sum of $1,806.21, the same to cover the judg- ment and costs. Respectfully submitted, M. H. CZIZEK, City Solicitor. Councilman Schuckert moved that the report of the Solicitor be adopt- ed and a warrant be drawn in the sum of $1,806.21 in favor of R. P. Marshall, Clerk of 'the District Court. Seconded by Councilman Mc- Evoy. Cahied by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. None. On recommendation of the City Solicitor the matter of Wm. Meyer on whose property the City holds a tax deed, and Mr. Meyer is now in position to redeem his property. Councilman Schuckert moved that upon payment by Mr. Meyer of the face value of the certificate with 5% interest from date of sale a quit claim deed be prepared and, deliv- ered to Mr. Meyer upon payment of same, and the Treasurer be in- structed accordingly. - Seconded by Councilman Andelfinger. Carried by the following vote: Yeas —Mayor Mouser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Report of the City Solicitor on the petition of Jos. A. Clark, County Treasurer, stating that an assess- ment paid by Mr. O'Doud was not credited to him and the property was sold to the City at tax sale. The City Solicitor stated that he had investigated the matter and finds it as Mr. Clark stated; he rec- ommends that the tax sale certif- icate be surrendered to the County Treasurer. Councilman Schuckert moved that the recommendation of the City So- licitor be approved and the tax cer- tificate b to Jos. A. Clark as recommended. Seconded by Councilman Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Report of the City Solicitor on the petition of Jos. A. Clark relative to an assessment paid by Mrs. Pauline Hoefflin, whereby she paid an as- sessment on a street improvement and received no credit, and subse- quently Mr. Ed Muntz paid the as- sessment also. The City Solicitor reports that he had investigated the matter and finds it as Mr. Clark stated it and he hereby recommends that the .City Treasurer refund the payment of $15.35 to Jos. A. Clark, this being a double assessment. Councilman Schuckert moved that the recommendation of the City So- licitor be approved and the amount as stated be refunded. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. An Ordinance, being Ordinance No. 7 -31, prohibiting the storage of dynamite within the City of Du- buque; prohibiting the keeping and storing of gunpowder and dynamite caps, except in limited quantities, within the City of Dubuque; and prescribing a penalty for violation hereof, presented and read. Councilman Schuckert moved that this be considered the first reading of the ordinance. Seconded by Coun- cilman Jansen. Carried by the fol- lowing vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Councilman Schuckert moved that the rules requiring an ordinance to be read on three separate days be suspended. Seconded by Councilman Jansen. Carried by the following vote: - Yeas —Mayor Mouser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. The Ordinance was then read a second time. Councilman Schuckert moved that this be considered the second read- ing of the Ordinance. Seconded by Councilman Andelfinger. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. On recommendation of the City Solicitor that Mr. W. H. Rauch be allowed to redeem his property for which the City holds a tax deed. Councilman Jansen moved that the Mayor and City Clerk prepare a quit claim deed to Mr. Rauch deed- ing back to him his property upon payment of $530.38. Seconded by Councilman Schuckert. Carried by the following vote. Yeas — Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. J. J. Nagle offered the City $1,200 for eight lots in Blake's Add. The description of lots follows: Lots 25- 26-27 in Wm. Blake's Add., and Lot 1 of 7, 1 of 8, 1 of 9, 1 of 10, 1 of 11, in South View Heights Add. Councilman Schuckert moved that the offer be accepted and the Mayor and City Clerk prepare a quit claim deed on behalf of the City of Du- buque and deliver same to Mr. Na- gle upon payment of $1,200. Sec- onded by Councilman Jansen. Car- ried by the following vote: Yeas — Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. On petition of Mrs. Haun relative to the cancellation of the 1930 taxes on her property, referred to the Council by the Board of Supervis- ors, Councilman McEvoy moved that the prayer of the petition be granted and the Board of Supervis- ors be notified of the Council's ac- tion. Seconded by Councilman An- delfinger. Carried by the following vote: Yeas — Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Special Session, April 20th, 1931 115 On the petition of Steven Ken - neally, owner of Lot 10, Newman, Cooper & Smith Add., referred to the Council by the Board of Super- visors, asking the cancellation of the 1930 tax. Councilman Schuckert moved that the prayer of the petition be grant- ed and the Board of Supervisors be notified of the Council's action. Sec- onded by Councilman Andelfinger. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. On the petition of Wm. Glenn, re- ferred to the Council by the Board of Supervisors, relative to having the first one -half of the 1929 tax and all of the 1930 tax cancelled on his property. Councilman Jansen moved that the prayer of the petition be grant- ed. Seconded by Councilman Mc- Evoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Mr. L. Schuster addressed the Council and asked permission to construct a sanitary sewer from his property across the bathing beach property at his own expense. Councilman Jansen moved that the prayer of the petition be grant- ed, with the proviso that the City Council can order the sewer re- moved whenever it is deemed nec- essary. Seconded by Councilman McEvoy. Carried by the following vote: Yeas—Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. - Nays —None. Art Wolf, Secretary of the Du- buque Trade sand Labor Congress, addressed the Council stating that Mr. Wm. Green, President of the American Federation of Labor, will pass through the City in the near future, and he asks the Council on behalf of the Labor Congress that the Council extend Mr. Green an in- vitation to stop over at Dubuque and pay us a visit. Councilman Andelfinger moved that an invitation be • extended to President Green to pay Dubuque a visit. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Councilmen: f 116 Special Session, April 27th, 1931 There being no Council adjourned. JOHN STUBER, City Clerk. further business, Approved Adopted City Clem,. 1931 1931 CITY COUNCIL (Official.) Special Session, April 27th, 1931. Meeting called by order of Mayor Meuser and Councilman Jansen. Council met at 7:45 o'clock P. M. Present — City Manager Evans, Mayor Meuser, Councilmen Andel- finger, Jansen, McEvoy, Schuckert. Mayor Meuser read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of acting on any business that may regularly come before the meeting. Report of the City Engineer, on petitions filed by property owners on Iowa Street relative to number of signers for and against the in- stallation of boulevard lights on Iowa Street from West 4th Street to West 14th Street. • April 27, 1931. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The remonstrances presented to your Honorable Body at the meeting of April 20, 1931, ob- jecting to the installation of boule- vard lights on Iowa Street between 4th and West 14th Streets was re- ferred to me for investigation and report. The percentage of the remon- strances against the entire improve- ment amounts to 27.54% of all the property in the assessment area. The objectors between West 4th and West 6th Streets amount to 58.93% of the property affected by the assessment in these two blocks. Respectfully submitted, W. H. CULLEN, City Engineer. Councilman Schuckert moved that the report• of the City Engineer be approved and placed on file. Sec - onded by Councilman Andelfinger. Carried by the following vote: Yeas —Mayor Mouser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Councilman Andelfinger moved that the rules be suspended to allow anyone present who wishes to do so to address the Council. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Mr. L. C. Bissell, representing The H. B. Glover Co., addressed the Council objecting to the installing of boulevard lights on Iowa Street between 4th and 6th Streets, stating that their business is a wholesale and manufacturing company and that they close every evening at 5 o'clock and therefore would receive no benefits from these lights. Mr Begley addressed the Council and stated that he resides in the 900 block and that nobody asked him about the lights, and that he did not know anything about them until he read about it in the newspaper, he did not want to stand in the way of improvements, but being that he will be assessed for this improvement, he should have had a chance to voice his opinion. Anthony Rhomberg addressed the Council and stated that they owned the largest amount of property along this line of improvement and will be the ones to be assessed the heav- iest, and that they are absolutely in favor of having the boulevard lights installed on this street as soon as they can be installed. Resolution No. 36 -31. (Necessity for Improvement.) Whereas, proposed plans, specifi- cations, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the fol- lowing: 1. The boundaries of the district, if any. 2. The streets to be improved. 3. Each lot proposed to be assess- ed together with a valuation by the Council. 4. An estimate of the cost of the proposed improvement, stating the same for each different type of con- struction and kind of material to be used. 5. In each case the amount there- of which is estimated to be assessed against each lot, for the installation of fifty -seven (57) single light boule- vard standards, including cable, switches and fibre conduit, relaying brick and cement sidewalk where disturbed, replacing brick, asphalt and wood block pavements where disturbed and furnishing all neces- sary appurtenances for a complete 8ns°,tallatilon on Iowa Street from West 4th Street to West 14th Street, Be It Further Resolved that the City Council on its own motion or upon petition of property owners, deems it ' advisable and necessary for the public welfare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this pro- posed resolution have on file with the City Clerk objections to the amount' of the proposed assessment, they shall be deemed to have waived all objections thereto. Special Session, April 27th, 1931 117 Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all pri- vately owned property lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the general fund, im- provement funds, or sewer funds, or partly out of each of such funds. Bonds shall be issued and sold in anticipation of deferred payments when a contract has been perform- ed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be assess- ed to and paid by the railway com- pany. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 30th day of March, 1931. Approved and placed on file for final action. The foregoing resolution was fin- ally passed and adopted, as pro- posed, by the City Council this 27th day of April, 1931. WM. H. MEUSER, Mayor. ED. McEVOY, GEO. O. JANSEN, H. F. SCHUCKERT, M. B. ANDELFINGER, Councilmen. Councilman Schuckert moved the 'adoption of the resolution. Second- ed by Councilman Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. CERTIFICATE OF CLERK. It is herby certified that at the time set for the final consideration of the above resolution no remon- strance had been filed with the Council signed by 60% of the prop- erty owners and by owners of 75% of the property subject to assess- ment. JOHN STUBER, City Clerk. Resolution No. 56 -31 (Decision of Council upon objec- tions to plans, specifications, form 118 Special Session, April 27th, 1931 Special Session, April 27th, 1931 119 of contract and cost of improve- ments.) WHEREAS, proposed plans and specifications and form of contract for the installation of fity -seven (57) single light boulevard standards, in- cluding cable, switches and fibre con- duit, relaying brick and cement side- walks where disturbed, replacing brick, asphalt and wood, block pave- ments where disturbed and furnish- ing all necessary appurtenances for a complete installation on Iowa Street from West 4th Street to West 14th Street, have been approved by the City Council of the City of Du- buque and public notice given as provided by Chapter 23 of the Code of Iowa, 1927 pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifi- cations or contract for or cost of such improvements, said time being this 20th day of April, 1931; and WHEREAS, the City Council met in special session this 27th day of April, 1931, at 7:45 o'clock P. M., at the Council Chambers in the City Hall for the purpose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans, specifications or contract for or cost of the improvement herein described and proposed to be made; and WHEREAS, all interested parties lave been given an opportunity to be heard and all objections which have been ailed have been duly weighed and considered; now, there - tore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made rid filed to the plans, specifications, contract for or cost of said improve- ment herein described and proposed to be made, be and the same are hereby overruled and such plans, specifications, contract for or cost of said improvement herein described and proposed to be made, be and the same are hereby overruled and such plans, specifications and form of con- tract heretofore approved are here- by adopted. BE IT FURTHER RESOLVED that this resolution containing the deci- sion of this Council upon all objec- tions which have been filed to the plans, specifications and form of con- tract for or cost of said improve- ment be made a matter of perman- ent record in connection with said improvement. Passed, adopted and approved this 27th day of April, 1931. WM. H. MEUSER, Mayor. ED. McEVOY, GEO. O. JANSEN, H. F. SCHUCKERT, M. B. ANDELFINGER, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Schuckert moved the adoption of the resolution. Second- ed by Councilman Andelfinger. Car- ried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Resolution No. 57 -31 (Ordering Construction) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE that pursuant to a resolu- tion of necessity No. 36 -31, which was duly passed by this Council, for the installation of fifty -seven (57) single light boulevard standards in- cluding cable, switches and fibre con- duit, relaying brick and cement side - walks where disturbed, replacing brick, asphalt and wood blocks pave- ments where disturbed and furnish- ing all necessary appurtenances for a complete installation on Iowa Street from West 4th Street to West .1.4th Street. Estimated cost $15,868.89 be and the same are hereby ordered and constructed by this Council up- on its own motion and with the peti- tion of property owners. All the wank shall be constructed in accord - nce with the plans and specifica- tions heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such pro- perty abut upon the same or are ad- jacent thereto, according to the area thereof and in proportion to the spe- cial benefits conferred, and any de- I ciency will be paid out of the gen- eral, improvement funds of the city, cr partly from each of such funds. Payment will be made to the con- tractor out of funds realized from the sale of bonds or with to be issued in anticipation of defer- red payments of assessments as pro - vided by law after the work has been completed and accepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk be and he is here- by ordered and directed to adver- tise for proposals for the construc- tion of the various improvements pro- vided for in the manner provided by law, the said improvements shall be completed on or before the 1st day of August, 1931. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by +lie City Council. Passed, adopted and approved this 27th day of April, 1931. WM. H. MEUSER, Mayor. ED. McEVOY, GEO. O. JANSEN, H. F. SCHUCKERT, M. B. ANDELFINGER, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Schuckert moved the adoption of the resolution. Second- ed by Councilman Andelfinger. Car- ried by the following vote: Yeas —Mayor Meuser, Councilmen Nndelfinger, Jansen, McEvoy, and Schuckert. Nays —None. April 27, 1931. To the Honorable Mayor and City - Council, Dubuque, Iowa. Gentlemen: The petition of pro- perty owners filed with your Hon- orable Body at the meeting of April 20, 1931, asking that the imprbve- ment of Bennett Street be extended from Algona Street to McCormick Street was referred to me for in- vestigation and report. The petition shows that 40.53% of Ina property owners in the assess- ment area are in favor of the pro- posed improvement. Respectfully subfnitted, W. H. CULLEN, City Engineer. Councilman Jansen moved that the report be approved and this be added to the original specifications. Seconded by Councilman Schuckert. Carried by the following vote: Yeas - -Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. April 27, 1931. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The petition of re- monstrance filed with your Honor- able Body at the meeting of April 30, 1931, by the property owners af- fected by the proposed pavement of North and South Algona Street from St. Joseph Street to Grace Street was referred to me for investiga- tion and report. The petition shows that 39.40% of the property owners in the assess- ment area are against the proposed improvement. • Respectfully submitted, W. H. CULLEN, City Engineer. Councilman Jansen moved that the report be referred to the Coun- cil to view the grounds. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Petition of property owners ask- ing that Muscatine Street, Primrose Street, Burlington, and National Streets be graded as they are now in deplorable condition. Councilman Schuckert moved that the petition be referred to the City Manager with power to act. Sec- onded by Councilman Jansen. Car- ried by the following vote: Yeas —Mayor - Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Petition of Henry V. Elliott stat- ing that he is disabled, having only one arm. He asks that he be per- mitted to peddle fruit and vegetables without procuring a license there- for. He has a wife and four chil- dren to support and is unable to do other wdrk. Councilman Schuckert moved that the petition be referred to the City Manager for investigation and re- port. Seconded by Councilman Jan- sen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Petition of P. Mangino for permit to peddle fruit and vegetables with- out procuring a license therefor, claiming that he is a World War veteran. Councilman McEvoy moved that the petition be referred to the City Manager for investigation and re- port. Seconded by Councilman Jan- sen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Petition of C. Witter, a contractor, stating that he secured a permit from the Building Commissioner to erect a garage; the garage was not built and he hereby asks that the fee for the permit be refunded to him. Councilman Jansen moved that the petition be referred to the City Manager for investigation. Second- 120 Special Session, April 27th, 1931 ed by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Resolution No. 58 -31, Preliminary Plans and Specifications, Form of Contract and Cost of Improvement for the improving of Bennett Street from the West property line of North Grandview Avenue to the East property line of McCormick Street, presented and read. WM. H. MEUSER, Mayor. ED. McEVOY, GEO. O. JANSEN, H. F. SCHUCKERT, M. B. ANDELFINGER, Councilmen. Councilman Andelfinger moved the adoption of the resolution. Sec- onded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Jansen, McEvoy, Schuckert, and Andelfinger. Nays —None. Adopted April 27th, 1931. Resolution No. 59 -31. (Necessity for Improvement.) Whereas, proposed plans, specifi- cations, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the district, if any. 2. The streets to be improved. 3. The width of such improve - ment, and the size and' kind of sewers. 4. Each lot proposed to be assess- ed together with a valuation fixed by the Council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of con- struction and kind of material to be used. 6. In each case the amount there- of which is estimated to be assessed against each lot for the improving of Bennett Street twenty -eight (28) feet wide from the west property line of North Grandview Avenue to the east property line of North Al- gona Street and twenty -four (24) feet wide from the west property line of North Algona Street to the east property line of McCormick Street, by grading said street to the proper sub - grade, removing old stone curb, furnishing Class B concrete and furnishing steel if necessary, constructing concrete sidewalks and catch basins, furnishing twelve (12) and fifteen (15) inch vitrified tile pipe and draining and paving said street with concrete pavement with integral curb twenty -eight (28) feet wide and six (6) inches thick be- tween curbs from the west property line of North Grandview Avenue to the east property line of North Al- gona Street and twenty -four (24) feet wide and six (6) inches thick between curbs from the west prop- erty line of North Algona Street to the east property line of McCormick Street. Be It Therefore Resolved that the City Council upon petition of prop- erty owners deems it advisable and necessary for the public welfare to make the herein mentioned improve- ment, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed as- sessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all pri- vately owned property lying within assessable distance provided by law amount provided by law, property and in an amount not to exceed the will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the special benefits conferred therby, and any deficiency shall be paid out of the geenral fund or im- provement funds, or partly out of each of such funds. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been perform- ed and the proceeds thereof used to pay the contractor. The railway por- tion of any street or assessment dis- trict shall be assessed to and paid by the railway company in the man- ner as provided by law. The above 'resolution was intro- duced, approved and ordered placed on file with the City Clerk this 27th day of April, 1931. Approved and placed on file for final action. Approved: WM. H. MEUSER, Mayor. ED. McEVOY, GEO. O. JANSEN, H. F. SCHUCKERT, M. B. ANDELFINGER, Councilmen. Councilman McEvoy moved that the resolution be approved and placed on file for final action. Sec- onded by Councilman Jansen: Car- ried by the following vote. Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. JOHN STUBER, City Clerk. Resolution No. 60-31. (Fixing Date of Hearing.) Whereas, the City Council of the City of Dubuque, Iowa, has by Reso- lution No. 58 -31 given its prelimin- ary approval on the proposed plans, specifications and form of Contract and placed same on file in the office of the City Clerk for public inspec- tion for the improving _of Bennett Street twenty -eight (28) feet wide from the west property line of North Grandview Avenue to the east property line of North Algona Street and twenty -four (24) feet wide from the west property line of North Algona Street to the east property line of McCormick Street, by grading said street to the proper sub - grade, removing old stone curb, furninshing Class B concrete and furnishing steel if necessary, con- structing concrete sidewalks and catch basins, furnishing twelve (12) and fifteen (15) inch vitrified tile pipe and draining and paving said street with concrete pavement with integral curb twenty -eight (28) feet wide and six (6) inches thick be- tween curbs from the west property line of North Grandview Avenue to the east property line of North Al- gona Street and twenty -four (24) feet wide and six (6) inches thick between curbs from the west prop- erty line of North Algona Street to the east property line of McCormick Street. Whereas, the proposed Resolution of Necessity for said improvement has been introduced and is now on file in the City Clerk's office for pub- lic inspection, Be It Therefore Resolved that on the 18th day of May, 1931, a public hearing will be held at 7:30 o'clock P. M. in the Council Chamber in the City of Dubuque at which time the owners of property subject to assess- ment for the proposed improvement may appear and make objection to the proposed plans and specifica- tions and proposed form of contract and at the same time to the boun- daries of the proposed district, to the cost of the improvement, to the amount Proposed to be assessed against any lot and to the passage of the proposed Resolution of Nec- essity and the City Clerk be and he Special Session, April 27th, 1931 121 is hereby directed to cause a notice of the time and place of such hear- ing to be published in some news- paper published in the City of Du- buque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fix- ed for its consideration and unless property owners at the time of final consideration of said resolution have on file with the Clerk objec- tions to the amount of the proposed assessment, they shall have been deemed to have waived all objec- tions thereto, at which hearing the Council will hear such objections and enter on record its final deci- sion thereon. Passed, adopted and approved this 27th day of April, 1931, WM. H. MEUSER, Mayor. ED. McEVOY, GEO. O. JANSEN, H. F. SCHUCKERT, M. B. ANDELFINGER, .Councilmen. Councilman Andelfinger moved the adoption of the resolution. Second- ed by Councilman Schuckert. Car- ried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Attest: JOHN STUBER, City Clerk. Invitation from the Mayor and City Council of the city of Rock Island to the Mayor and City Council of the city of Dubuque to attend the open- ing of the Rock Island River Ter- minal, Tuesday, May 5th, 1931. Councilman McEvoy moved that the Council accept the invitation. Seconded by Councilman Andelfinger. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Communication from the Engineer- ing Extention Service of the Iowa State College at Ames, Iowa, relative to a Fireman's Short Course of In- struction to be held May 19 -20 -21 and 22nd, 1931, requesting that Dubuque be represented. Councilman McEvoy moved that the communication be referred to the City Manager. Seconded by Councilman Jansen. Carried by the following vote.: Yeas —Mayor Meuser, Councilmen kndelfinger, Jansen, McEvoy, and S chuckert. Nays —None. Communication from the American Legion Auxiliary, stating that they have fixed the date of their poppy sale for May 9th, 1931. 122 Special Session, April 27th, 1931 Permission for this sale was grant- ed at a meeting of the Council held on the 20th day of April, 1931. Petition of property owners on Bennett Street objecting to the im- proving of said street from Algona to McCormick Streets. (7 signers.) Councilman Schuckert moved that the petition be received and filed. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Petition of Ralph Hubbard, East Dubuque, asking for a permit to ped- '!le home Made doughnuts on the streets of Dubuque, asks what the license fee will be. The petition was referred to A. E. Sigman, secre- tary of the Manager. No motion. Petition of the Trustees of the Du- buque Packing Co., refered to - ilia Council by the Board of Supervisors, relative to having the second one - half of the 1930 tax cancelled on lot 366 —lots 368 to 377 both inclusive, lots 418 to 422 both inclusive in East Dubuque Add. Councilman McEvoy moved that the prayer of the petition be granted, subject to a similar action by the Board of Supervisors, and the Board of Supervisors be advised of the Council's action. Seconded by Coun- cilman Andelfinger. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Notice of suit in the sum of $10,000 filed by Walter Koerner, attorney for John Hohman, on account of per- sonal injury sustained by falling on a defective sidewalk Feb. 9th, 1931. Councilman Jansen moved that the notice be referred to the City Solicitor. Seconded by Councilman Schuckert. Carried by the following i ote : Yeas —Mayor Meuser, Councilmen Andelfinger, _ Jansen. McEvoy, and Schuckert. Nays —None. Notice of suit against the City In the sum of $7,500 filed by Frantzen, Glloon and Glenn, attorneys for Clara Elliot on account of personal injury sustained by falling on an icy sidewalk at the intersection of 16th and Jackson Streets Jan. 16th, 1931. Councilman Schuckert moved that the notice be referred to the City Solicitor. Seconded by Councilman -McEvoy. Carried by the following vole: Yeas —Mayor Meuser. Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. April 27, 1931. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have approved the following pol- icies and desire to have your ap- proval on same for filing: Signs — The Myers - Graham Co., 1473 -1487 ;ventral Ave. — Policy No. LGI 77, Public Indemnity Co. XL Sandwich Shop (Lester G. Wendt), 142 W. 9th St.— Policy No. YR 4021, London Guarantee & Acci- dent Co. Respectfully submitted, R. M. EVANS, City Manager. Councilman Jansen moved that the policies be approved and placed on file. Seconded by Councilman Schu- i.ert. Carried the following vote: Yeas —Mayor Meuser. Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. - Petition of E. J. Vogenthaler ask- ing for a permit to construct an ad- dition to his warehouse on East 7tli Street, presented and read. Councilman , Schuckert moved that the petition be referred to the Coun- cil to view the grounds. Seconded by Councilman McEvoy. Carried by the following vote: Yeas - -Mayor Meuser. Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Communication from W. E. Dan- iels, Green Bay, Wis., consulting en- gineer, stating that Dubuque is rated as among those cities paying the highest rates for street lighting and recommends that a survey and rate investigation would undoubtedly be profitable, and offers his services. • Councilman McEvoy moved that rile communication be referred to the City Manager. Seconded by Coun- cilman Schuckert. Carried by the following vote: Yeas —Mayor 1vleuser. Councilmen - \udelfinger, Jansen, McEvoy, and S chuckert. Nays —None. Return of service on notices served upon property owners on Central Av- , •nue from East 22nd Street and Kaufman Avenue, to East and West 32nd Street, relative to taking the salvage on said street if they so de- sired, presented and read. Councilman Schuckert moved that the notices be received and filed. Seconded by Councilman Andelfinger. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and 3 chuckert. Nays —None. Renewal certificate of the bond of Ed. Herron of the Waterworks De- partment, presented. Councilman Schuckert moved that is be approved and filed with the or- iginal bond. Seconded by Council - :nan Andelfinger. Carried by the following vote: Teas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Annual inventory of the Water De- partment as of March 31st, 1931, pre- sented for approval. Councilman Jansen moved that the report be approved and placed on file. Seconded by Councilman Schu- :iert. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Max Hertzman of the Yellow Taxi Co., presented a liability policy is- sued by the Iowa State Automobile Association, covering his taxes. Councilman Schuckert moved that the policy be referred to the City Solicitor to investigate the merits of said Association and report back to the Council. Seconded by Council- man McEvoy. Carried by the fol- lowing vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Louis Barer addressed the Council relative to a petition objecting to the improving of Bennett Street from Al- gona Street to McCormick Street at this time, stating that the objectors svere just assessed for the West Du- buque sewer and to put another as- sessment on them at this time would work a hardship on them and some of thein would probably lose their .)omes. The Council decided to view the grounds, there was no motion made. Ordinance No. 7 -31 having passed :'pon first and second reading, pre- sented and read a third time and on motion was adopted. Ordinance No. 7 -31 An Ordinance prohibiting the stor- age of dynamite within the City of Dubuque; prohibiting the keeping nd storing of gun - powder and dyna- mite caps, except in limited quanti- ties, within the City of Dubuque; and prescribing a penalty for violation hereof. Be it Ordained by the City Coun- cil of the City of Dubuque: Par. 152, section 1. That no per- Special Session, April 27th, 1931 123 .(n, firm, or corporation shall keep or store dynamite within the limits of the City of Dubuque nor shall any person, firm, or corporation keep or maintain a magazine or building for the storage of dynamite within the City of Dubuque. Par. 153, section 2. That no per- son, firm, or corporation shall keep, store or have in his possession any dynamite caps or gun powder with - .n the City of Dubuque in quantities in excess of 100 dynamite caps and or five pounds of gun powder and no person, firm, or corporation shall maintain a magazine or building wherein is kept or stored dynamite caps or gun powder in excess of the quantities above stated. Par. 154, section 3. That any per- son, firm, or corporation violating the provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction, shall be fined not to exceed $100 or imprisoned not to exceed thirty days in jail. Par. 155, section 4. That this Or- dinance shall be in force and effect ten days from and after its final passage, adoption, and approval by ne City Council and publication as provided by law. Passed upon first and second read- ing this 20th day of April, 1931. Passed, adopted, and approved, up- on final reading this 27th day of April, 1931. WM. H. MEUSER, • Mayor. ED. McEVOY, GEO. O. JANSEN, H. F. SCHUCKERT, M. B. ANDELFINGER, Councilmen. Attest: JOHN STUBER, City Clerk. Councilman Andelfinger moved the adoption of the Ordinance. Second- ed by Councilman Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None Published officially in the Tele- graph- Herald & Times - Journal news- paper April 29th, 1931. JOHN STUBER, April 29 It City Clerk. April 27, 1931. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: In accordance with Chapter 289 of the Iowa State Code, 1927, the Civil Service - Commission conducted an examination for appli- cants to the Police and Fire Depart- ments on April 6, 1931. The following ten names on the Fire Department list are those who have passed the mental and phys- 124 Special Session, April 27th, 1931 ical examinations with the highest average and are respectfully sub- mitted for your information and approval: FIRE DEPARTMENT. Martin J. Cahill 95x/ Elmer Luckritz 953/4 Benj. J. O'Leary 94% Francis F. Spielman 93 Earl Falk 93 Anthony J. Simon 921/2 Joseph J. McInerney 90 Clarence Hocking 89 Byron L. Brose 89 Edmund W. Ward 89 Respectfully submitted, R. L. WOODWARD, Chairman. E. J. RYAN, J. E. ERNSDORFF, Commissioners. A. E. SIGMAN, Secretary. Subscribed and sworn to before me this 27th day of April, 1931. (Seal) JOHN STUBER, Notary Public. Councilman Jansen moved that the report be received and placed on file. Seconded by Councilman Schu- ckert. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. 0 Petition of property owners on East 4th Street and West 4th Street requesting that said street be wid- ened four feet, 12 feet on each side from the railroad tracks West to Locust Street. Cost of the improve - men to be assessed to abutting prop- erty owners. Signed by Winall Build- ing Co., J. J. Nagle, W. J. Canfield Jr., et al. (10 signers) Councilman Schuckert moved that the prayer of the petition be grant- ed and the Engineer be instructed to prepare the necessary plans and specifications. Seconded by Council- man Jansen. Carried by the follow- ing vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Ordinance No. 8 -31, an Ordinance vacating the alley first West of Lo- cust Street in the City of Dubuque, commencing at the South property line of West 6th Street and ending approximately 183.5 feet south there- of, presented and read. Councilman Schuckert moved that this be considered the first reading of the ordinance. Seconded by Coun- cilman Andelfinger. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Councilman Schuckert moved that the rules be suspended requiring an ordinance to be read on three sep- arate days. Seconded by Council- man Jansen. Carried by the follow- ing vote: Yeas —Mayor Meuser, Councilman Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. The Ordinance was then read a second time. Councilman Andelfinger moved that this be considered the second reading of the Ordinance. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. On the petition of Jos. A. Clark, County Treasurer, stating that Mrs. Harriett Marlin paid at the Treas- urer's Office $39.64 covering the sixth installment for special assess- ment against Lot 104, Union Add., for the improvement of Cleveland Avenue, and by mistake this was credited to Lot 103, and the prop- erty was sold at tax sale to the City of Dubuque. He hereby asks that the tax certificate be cancelled as this was an error. Councilman Jansen moved that the City Treasurer be instructed to return the tax certificate to the County Auditor for cancellation. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Report of City Treasurer Otto F. Puls, stating that he has examined into the matter of Elizabeth Byrne and finds that she paid an assess- ment in the amount of $41.69 for the Curtis Street improvement Decem- ber 1, 1930, and the County Treas- urer failed to make the proper cred- it, and it was erroneously sold to the City at tax sale, and a refund should be made to the said Eliza- beth Byrne in the sum of $41.69, and he therefore recommends that the City Council order a warrant drawn in this amount. Councilman McEvoy moved that the recommendation of the City Treasurer be approved and the cer- tificate be returned to the County Auditor for cancellation. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. The City Solicitor reported that he has received from J. J. Nagle twelve hundred dollars ($1,200.00) for the following property: Lots 25- 26-27, Wm. Blake's Add., and Lots 1 of 7, 1 of 8, 1 of 9, 1 of 10 and 1 of 11, South View Heights Add., all in the City of Dubuque, as per instructions from the Council at a previous meeting, and the Mayor and the Clerk have executed and delivered to Mr. Nagle a quit claim deed to this property on payment of the above named sum. On the petition of Mrs. Henry Williams for cancellation of the 1930 taxes on West 1 /2 of Lot 3 of Min- eral Lot 149, referred to the Council by the Board of Supervisors, Coun- cilman Jansen moved that the 1930 taxes be suspended and the Board of Supervisors be advised of the Council's- action. Seconded by Coun- cilman Schuckert. Carried by the following vote: Yeas —Mayor Meuser, Councihnen Andelfinger, Jansen, McEvoy, and. Schuckert. Nays —None. On the personal injury claim of Mrs. Frank Theiring, Councilman Andelfinger moved that the City So- licitor be instructed to settle this claim for $69.00. Seconded by Coun- cilman Jansen. Carried by the fol- lowing vote: Yeas — Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. The Auditor be instructed to draw said warrant in the sum of $69.00 in favor of Mrs. Frank Theiring. A lease and contract entered into by and between the City of Du- buque, owner of the Municipal Ath- letic Field, hereinafter referred to as the lessor, and Fred Leiser, own- er of the Dubuque Baseball Club, hereinafer referred to as the lessee, presented and read. Councilman Andelfinger moved that the lease and contract be re- ceived and filed in the office of the City Clerk. Seconded by Council- man McEvoy. Carried by the fol- lowing vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Mr. John Maclay presented a plat of the Hill Crest Park Add., just outside of the City Limits, for approval. • Councilman McEvoy moved that the plat be referred to the Planning and Zoning Commission. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Meuser, Counclimen Special Session, April 27th, 1931 125 Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. There being no further business, Council adjourned. JOHN STUBER, City Clerk. Approved 1931. Adopted 1931. Councilmen Attest: City Clerk. 126 Special Session, April 27th, 1931 BOARD OF HEALTH (Official) Special Session April 27th, 1931. Board met at 10:00 o'clock P. M. Present —Mayor Meuser, Council- men Andelfinger, Jansen, McEvoy, aid Schuckert. Mayor Meuser in the Chair. Mayor Meuser stated that this meeting is called for the purpose of adopting a resolution ordering Telser Bros., 2468 Elm Street, to abandon out side water closet, privy or privy vault and install a sanitary toilet and toilet facilities. Resolution of the Board of Health Be it resolved by the Board of Health of the City of Dubuque, Iowa, that it is deemed necessary that Lot 2 Bushman's Sub. No. 2, owned by Telser Brothers, 2468 Elm Street, be connected with sanitary sewer; that the outside water closet, privy o] privy vault upon said premises be abandoned and removed and said atilt cleaned and that a sanitary lnilet and toilet facilities be installed and connections made with the san- itary sewer. Be it further resolved that said Telser Brothers be notified to re- move ana abandon the outside water closet, privy or privy vault located upon the premises above described and to clean said vault; that said property be connected with the san- itary sewer and that sanitary toilet end toilet facilities be installed and connections made with said sewer, all of which to be done within Thir- ty (30) days from the data hereof. Be it further resolved that said Telser Brothers be notified of the action of this Board by the service of a written notice together with a copy of this resolution. Failure to comply with the terms hereof with- in the time stated shall be followed by prosecution or such other action as the Council or Board of Health may determine. Dated this 27th day of April, 1931. WM. H. MEUSER, Mayor. Attest: JOHN STUBER, City Clerk. You are further notified that pro- secution will follow a failure to com- lly with this order and notice, or such further action will be taken as to the Council or Board of Health may seem proper. Signed: W. J. CONNELL, Health Officer. Councilman Schuckert moved the adoption of the resolution. Second- ed by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Anllelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Adopted 1931. Approved - 1931. Board of Health Attest: Clerk of the Board of Health.