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1931 May Council ProceedingsRegular Session, Alay 4th, 1931 127 CITY COUNCIL (Official) Regular Session, May 4th, 1931. Council met at 7:40 P. M. Present—City Manager Evans, Mayor Meuser, Councilmen Andel- finger, Jansen, McEvoy, Schuckert. Absent —None. Mayor Meuser stated that this is the regular monthly meeting of the Council for the transaction of such business as may regularly come be- fore the meeting, and that this date has also been fixed for the purpose of levying a special assessment and authorizing the issuance of bonds to provide fo, the payment of a sani- tary sewer in West 28th Street, Sa- bula, Muscatine, Burlington and Davenport Streets. Return of service, notice of special assessment posted along the line of improvement, for said sewer, pre- sented. Councilman Schuckert moved that the notice be received and filed. Sec - auded by Councilman McEvoy. Car- ried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Proof of publication certified to by the publisher of the City Council's `ntention to levy a special assess - inent as provided by law to provide ^r the payment of the construction of a sanitary sewer in West 28th Street, Sabula, Muscatine, Burlington and Davenport Streets, presented and i ead. Councilman Schuckert moved that the proof of publication be received and filed. Seconded by Councilman �7cEvoy. Carried. by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and rhuckert. Nays —None. Proof of publication certified to by the publisher of a hearing to be con- ducted on the issuance of improve - nient bonds in the sum of $5,268.37 to provide for the payment of the construction of said sanitary sewer in West 28th St., Sa,bula, Muscatine, Burlington and Davenport Streets, 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, Councilman Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Petition of Voelker Realty Co. ob- jecting to the assessment as levied for the construction of said sewer against Lots 77 and 75, McDaniel's Park Hill Add. Lot 77 is assessed for $68.50, valuation of Lot is $120; they ask that this assessment should be reduced to $47.12. Lot 75 is as- sessed for $76:11, lot value is $120; they ask that this be reduced to $49.03. 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. 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 Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Mr. Glen Gurnee, representing the Marion Schuyler Estate, addressed the Council stating that the prop- erty he represents is assessed for this sewer for $903.17; that a great part of this property is of little va- lue and the assessment is exces- sive and should be Substantially reduced. Councilman Schuckert moved that the matter 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 Mrs. Freda Hartman stating that she was notified to make two connections of sewer, water and gas to her property on Central Av6nue. This property "com- prises 1 / lots; she states she has a house on one lot and does not in- tend to build another one, therefore asks that she be allowed to make but one connection. Councilman Jansen moved that the petition be referred to the Engi- neer for investigation and report. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Petition of property owners on Hoyt and Seminary Streets asking that a street be opened along the North side of Lot 1 of Sub. 10 of 128 Regular Session, May 4th, 1931 Regular Session, May 4th, 1931 129 Min. Lot 188 and Lot 5, Pfohl's Sub., extending from Seminary Street to the North end of Hoyt Street. The north end of Hoyt Street is now a dead end. Signed by M. Frieda Mc- Kitrick, Earl Dewey, Roy Bauman, et 'al. (20 signers) Councilman McEvoy moved that the petition be referred to the City Manager. Seconded by Councilman Jansen. Carried by the following vote: Yeas —Mayor Mouser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Resokution No. 61 -31. 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, manholes, Y branches and risers in West Twenty- eighth Street from the existing manhole in Central Avenue to Muscatine Street, and in Musca- tine Street from West Twenty - eighth Street to Primrose Street, and from West Twenty - eighth Street southerly to the north line of Lot twenty -two (22), South Park Hill Addition, and in Sabula Street to the end of said street, thence across Lot one (1) of Mineral Lot three hundred and forty -six (346), thence in Burlington Street to the south line of Lot eighty (80) McDaniel's Park Hill Addition, and in Daven- port Street from West Twenty - eighth street to the south line of Lot twenty -one (21), McDaniel's Park Hill Addition, by TJhlrich- Paley Co., 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 several amounts set opposite each lot or parcel of real estate, as follows: Special assessment submitted May 4, 1931. Home Builders Co., Lot 263, Davis Farm Add., W. 100 ft. of N. 36 ft. 6 in $126.85 john V. Schneider, Lot 265, Davis Farm Add., W. 100 ft 126.85 Marion Schuyler Est., Lot 2, McDaniel's Park Hill. Add. 903.17 Bernard Becke, Lot 1, Mc- Daniel's Park Hill Add. 261.32 Bernard Becke, Lot 1, Sub. Lot, 1 Min. Lot 319 329.03 Oscar A. Irmen, Lot 13, Mc- Daniel's Park Hill Add 120.51 Oscar A. Irmen, Lot 14, Mc- Daniels Park Hill Add. 76.11 Augusta Mauer Est., Lot 15, Daniel's Par Hill Add. 76.11 Realty Inv. Corp., Lot 16, Mc- Daniel's Park Hill Add 76.11 Augusta Mauer Estate, Lot 17, McDaniel's Park Hill Add. 76.11 Leo & Ida Hedrick, Lot 18, McDaniel's Park Hill Add 76.11 Leo & Ida Hedrick, Lot 19, McDaniel's Park Hill Add 76.11 Henry Kohnen, Lot 20, Mc- Daniel's Park Hill Add 76.11 Henry Kohnen, Lot 21, Mc- Daniel's Park Hill Add. 76.11 A. & B. Woller, Lot 12, Mc- Daniel's Park Hill Add 57.08 A. & B. Woller, Lot 11, Mc- Daniel's Park Hill Add 76.11 A. & B. Woller, Lot 10, Mc- Daniel's Park Hill Add 76.11 Geo. J. Augmeyer, Lot 25, South Park Hill Add 63.41 Geo. J. Augmeyer, Lot 26, South Park Hill Add 54.54 Geo. J. Augmeyer, Lot 27, South Park Hill Add. 54.54 Geo. J. Augmeyer, ,Lot 28, South Park Hill Add 54.54 Geo. J. Augmeyer, Lot 24, South Park Hill Add 60.50 Anna Luther, Lot 23, South Park Hill Add. 63.40 Wilken Mauer, Lot 1, South Park Hill Add. 59.63 Wilken Mauer, Lot 2, South Park Hill Add. 60.50 Wilken Mauer, Lot 3, South Park Hill Add. 63.40 Joseph Picciche, Lot 49, Mc- Daniel's Park Hill Add 176.33 Augusta Mauer Est., Lot 48, McDaniel's Park Hill Add 189.65 Augusta Mauer Est., Lot 47, McDaniel's Park Hill Add., S. E. 1 /2 38.07 Lillian F. Mauer, Lot 47, Mc- Daniel's Park Hill Add., N. W. 1/2 38.07 Lillian F. Mauer, Lot 46, Mc- Daniel's Park Hill Add 76.11 Leo McGinnis, Lot 45, McDan- iel's Park Hill Add. 76.11 Effie C. Munger, Lot 44, Mc- Daniel's Park Hill Add. 76.11 Effice C. Munger, Lot 43, Mc- Daniel's Park Hill Add. 76.11 C. B. Trewin, Inc., Lot 42, McDaniel's Park Hill Add 76.11 Andrew & Emma Young, Lot 41, McDaniel's Park Hill Add. 76.11 John Prisi Est., Lot 50, Mc- Daniel's Park Hill Add 76.11 Emil Machinek, Lot 51, Mc- Daniel's Park Hill Add 76.11 Anna M. Muntz, Lot 52, Mc- Daniel's Park Hill Add 76.11 Anna M. Muntz, Lot 53, Mc- Daniel's Park Hill Add. 76.11 Anna M. Muntz, Lot 54, Mc- Daniel's Park Hill Add 76.11 Nick Gromeresch, Lot 1, Min Lot 346 76.11 Anchor Investment Co., Lot 77, McDaniel's Park Hill Add. 68.50 Anchor Investment Co., Lot 76, McDaniel's Park Hill Add. 76.11 Anchor Investment Co., Lot 75, McDaniel's Park Hill Add. 76.11 Anchor Investment Co., Lot 74, McDaniel's Park Hill Add., S. E. 5 ft. 6.33 Sam Young, Lot 74, McDan iel's Park Hill Add., N. W 55 ft. 69.75 Anthony Puccio, Lot 73, Mc- Daniel's Park Hill Add. 76.11 Nick Grandganet, Lot 78, Mc- Daniel's Park Hill Add 167.43 Nick Grandganet, Lot 79, Mc- Daniel's Park Hill Add 76.11 Nick Grandganet, Lot 80, Mc- Daniel's Park Hill Add 76.11 Total $5,268.37 2895 lin. ft. of 8 in. tile sewer @ $1.48 per lin. ft $4,284.60 Sixty -seven 6 x 8 Y's @ $1.48 each ........... 99.16 Fourteen manholes @ $48.00 each 672.00 Four risers @ $1.00 each 4.00 Interest @ 6% 43.01 Extra expense @ 3.27428 % 165.00 Total $5,268.37 All of which is assessed in pro- portion to the special benefits conferred. Approved May 4th, 1931. Adopted May 4th, 1931. WM. H. MEUSER, Mayor. ED. McEVOY, GEO. O. JANSEN, H. F. SCHUCKERT, M. B. ANDELFINGER. Councilmen. Attest: JOHN STUBER, City Clerk. Councilman McEvoy moved the adoption of the resolution. Second- ed by Councilman Schuckert. Car- ried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Resolution No. 62 -31. (Resolution providing for the Is- suance of Public Sewer Bonds.) Whereas, the contract heretofore entered into by the City of Dubuque for the construction of an eight inch tile sanitary sewer in West Twenty - eighth Street, Muscatine Street, etc., hereinafter described, has been com- pleted and said improvement has been accepted by the City Council of said City and the City Engineer has computed the cost and expense thereof to be $5,268.37. And Whereas, public notice as provided by law, has been publish- ed by the City Clerk stating the in- tention 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 objections filed thereto have been considered and determined; Now, Therefore, Be It Resolved by the City Council of the City of Dubuque that to provide for the cost of constructing an eight inch vitri- fied tile pipe sanitary sewer, man- holes, Y branches and risers in West Twenty- eighth Street from the existing manhole in Central Avenue to Muscatine Street, and in Musca- tine Street from West Twenty - eighth Street to Primrose Street and from West Twenty- eighth Street southerly to the north line of 'Lot 22, South Park Hill Addition, and in Sabula Street from Muscatine Street to the end of said street, thence across Lot 1 of Min. Lot 346, thence in Burlington Street to the south line of Lot 80, McDaniel's Park Hill Addition, and in Davenport Street from West Twenty- eighth Street to the south line of Lot 21, McDaniel's Park Hill Addition, there be issued sewer bonds to the amount of $5,268.37. Said bonds shall be is- sued under the provisions of Chap- ter 311 of the Code of Iowa, 1927, which bear date as of the 4th day of June, 1931; shall be in the de- nominations of $500.00 except that there shall be one bond to the amount of $268.37. They shall be numbered from 2948 to 2958 inclu- sive and shall be divided into ten series, of which the bond numbered 2948 shall constitute the first series and shall be payable the 1st day of April, A. D. 1932; the bond num- bered 2949 shall constitute the sec- ond series and shall be payable the first day of April, A. D. 1933; the bond numbered 2950 shall constitute the third series and shall be payable the 1st day of April, A. D. 1934; the bond numbered 2951 shall constitute the fourth series and shall be pay - able the 1st day of April, A. D. 1935; the bonds numbered 2952 and 2953 shall constitute the fifth series and shall be payable the 1st day of April, A. D. 1936; the bond number- ed 2954 shall constitute the sixth se- ries and shall be payable the 1st day of April, A. D. 1937; the bond numbered 2955 shall constitute the seventh series and shall be payable the 1st day of April, A. D. 1938; the bond numbered 2956 shall constitute the eighth series and shall be pay- able the 1st day of April, A. D. 1939; 1 1 ■ 1 130 Regular Session, May 4th, 1931 Regular Session, May 4th, 1931 131 the bond numbered 2957 shall con- stitute the ninth series and shall be payable the 1st day of April, A. D. 1940; the bond numbered 2958 shall constitute the tenth series and shall be payable the 1st day of April, A. D. 1941. Said bonds shall bear interest at the rate of five per cent. per annum which interest shall be payable semi- annually, in accordance with the terms of the coupons thereto attach- ed; and said bonds shall be payable out of the proceeds of the special assessment levied for said improve- ment. Both principal and interest shall be payable at the office of the City Treasurer in the City of 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 here- of, on the first day of April, A. D. 1932; or any time before that date at the option of the City, the sum of $500.00 with interest thereon at the rate of five per cent per annum, pay- able on the presentation and sur- render of the interest coupons here- to attached, both interest and prin- cipal are payable at the office of the City Treasurer in the City of Du- buque in the State of Iowa. This bond is issued by the City of Du- buque 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 City, duly passed on the 4th day of May, 1931. This bond is one of a series of 11 bonds, 10 for $500.00, numbered from 2948 to 2957 inclu- sive, and one for $268.37, numbered 2958, all of like tenor and date, and issued for the purpose of construct- ing an eight inch vitrified tile pipe sanitary sewer, manholes, Y branch- es and risers in West Twenty- eighth Street from the existing 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 southerly to the north line of Lot 22. South Park Hill Addition, and in Sabula Street from Musca- tine Street to the end of said street, thence across Lot 1 of Min. Lot 346, thence in Burlington Street to the south line of Lot 80, McDaniel's Park Hill Addition, and in Daven- port Street from West Twenty - eighth Street to the south line of Lot 21, McDaniel's Park Hill Addi- tion and described in said resolu- tion; which cost is assessable to and levied along said improvement; and is made by law a lien on all abut- ting or adjacent property, and pay- able in ten annual installments, with interest on all deferred payments at the rate of five per cent per annum, and this bond is payable only out of the money derived from the collec- tion of said special tax, and said money can be used for no other pur- pose. And it is hereby certified and recited that all the acts and condi- tions and things required to be done precedent to and in the issuing 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 as- sessments, collection and payment hereon of said special tax, the faith and diligence of said City of Du- buque are hereby irrevocably pledged. In Witness Whereof, the City of 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 4th day of May, 1931, and has authorized the use of their fac- simile signature to the interest cou- pons hereto attached. Countersigned (Seal) Countersigned: Mayor. 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 in the bond, the sum of Dollars, at the office of the City Treasurer in the City of Dubuque, being months' interest due that day on its Sewer Bond No , dated 193 Mayor. City Clerk. Be It Further Resolved, that the Mayor and City Clerk be and they are hereby instructed to cause said bonds to be prepared and when so prepared to execute said bonds, and that the City Clerk be and he is hereby instructed to register said bonds in a book to be kept by him for that purpose, and to then de- liver 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 bonds in the manner provided by law, the pro- ceeds 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 counter- signed with the fac - simile signature of the City Clerk. Be It Further Resolved, that as fast as funds allow, beginning with the second year after the payment of interest due, these bonds shall be called and retired in the same order as numbered. Adopted this 4th day of May, 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 Andelfinger. Car- ried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. May 1, 1931. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: In connection with the letter of C. Witter of 1433 Wash- ington Street, dated April 21, 1931, addressed to the Council and re- ferred to the City Manager, please be advised that upon investigation we find that the garage anticipated to have been erected about March 28, 1928, by Mr. Witter was never built. We have checked the records of the City Auditor and find that he had been paid at the time of the request of permit, but the request for return of the same had never been granted. Inasmuch as the building was not constructed, it is the writer's recom- mendation that the $3.00 be return- ed to Mr. Witter. Yours very truly, R. M. EVANS, City Manager. Councilman McEvoy moved that the recommendation of the City Manager be approved. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. May 4, 1931. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The application of E. J. Voggenthaler of April 25th to erect an addition to the Seventh Street warehouse that had been sub- mitted to the Council April 27th, was discussed by the entire Coun- cil May 2nd. This is to advise that Council granted the application and in- structed the Building Inspector to proceed with the permit. Respectfully submitted, R. M. EVANS, City Manager. Copy to Mr. C. F. Bartels. Councilman Schuckert moved that report of the Council be approved and a permit granted. Seconded by Councilman Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. May 4, 1931. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The verbal petition of Mrs. Kilby, owner of Lot 66 on Oak Street, praying for a reduction in the assessment of Oak Street sewer amounting to $144.40 against Lot 66 as referred to City Council at the meeting of April 20th, was discussed by the entire Council Saturday, May 2nd. It was decided that no reduction in this assessment was to be made. This is in line with the action on abutting lot assessments on the same sewer system. Respectfully submitted, R. M. EVANS, City Manager. Councilman McEvoy moved that the report of the Council be ap- proved. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. May 4, 1931. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The prayer of Ed- ward G. Stoltz of 2638 Jackson Street, dated April 20th, and re- ferred at the Council meeting of April 27th to City Council for a view, was investigated on the ground by the entire City Council, Saturday, May 2nd. This petition was received after the date set for remonstrances. No action was taken by City Council. Respectfully submitted, R. M. EVANS, City Manager. Councilman Schuckert moved that the report of the Council be ap- 132 Regular Session, May 4th, 1931 proved. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. May 4, 1931. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that the Council as a whole viewed the proposed improvement of Bennett Street and particularly the section of Bennett Street from Algona to McCormick Streets Saturday, May 2nd. It was decided that the paving of this street should include the block from Bennett to McCormick, as well as the several blocks from Algona Street eastwardly to Grandview Avenue. Respectfully submitted, R. M. EVANS, City Manager. Councilman Schuckert moved that the report of the Council be ap- proved. Seconded by Councilman Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. May 4, 1931. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At a view on Algona Street Saturday, May 2nd, with all Council members present, it was de- cided by City Council that Algona Street should be paved from Grace Street southwardly to St. Joseph Street and that the block from Grace Street northwardly to Delht Street should not be improved at this time. Respectfully submitted, R. M. EVANS, City Manager. Councilman Andelfinger moved that the report of the Council be approved. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. April 21, 1931. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: In connection with the request of Mr. Gust Hadyinico- holas, 1309 Washington Street, Du- buque, Iowa, as presented to City ' Council April 20th and referred to the writer for action upon investiga- tion and approval, please be advised that today we have granted the above Mr. Gust Hadylinicoholas a permit to sell fruit and vegetables in the City of Dubuque without pay- ing the usual license fee of $75.00, conditioned on Paragraph 466 of Or- dinance 62 of the 1919 Codified Or- dinances because of the fact that Mr. Hadyinicoholas has had army service and has presented honorable discharge papers from the United States army under date of June 2, 1919. The above mentioned gentleman is a citizen of this country, having re- ceived his naturalization papers Au- gust 21, 1918, certificate No. 1,036,974. The above named gentleman has resided in Dubuque for about nine years and was formerly employed by the Illinois Central Railroad Com- pany from whose services he was dismissed recently because of rupture. Respectfully submitted, R. M. EVANS, City Manager. Copy to Mr. A. E. Sigman. Councilman Andelfinger moved that the action of the City Manager be approved. Seconded by Council- man McEvoy. Carried by the fol- lowing vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Grant of Easement. Know All Men by These Presents: That in consideration of the sum of $1.00 in hand paid by the City of Dubuque, Iowa, a municipal corpor- ation, the receipt whereof is hereby acknowledged, the undersigned be- ing the owner of Lots 10 and 11 in G. R. West's Dubuque Add., in the City of Dubuque, hereby grants and conveys to said City of Dubuque a perpetual right of easement, over and across said Lots 10 and 11 with the right to go upon said premises at all reasonable times for the pur- pose of inspecting and repairing the same when installed; provided, how- ever, that said City of Dubuque shall replace whatever earth, sod, drive- l% ay or shrubbery that may be dis- turbed in the installation or repair of said Storm Sewer to as good con- dition as it was before the same was disturbed. This grant of easement shall be binding upon the undersigned, his heirs, executors, administrators, purchasers and assigns forever. HOLY GHOST CHURCH, —By W. J. Weirich, V.P. State of Iowa l ss. Dubuque County J ss. Be it remembered that on the 7th day of April, 1931, personally ap- peared before me, a Notary Public in and for Dubuque County, Iowa, W. J. Weirich, V.P., who is person- ally known to me and acknowledged that he executed the foregoing in- strument as his own voluntary act and deed. JOHN STUBER, Notary Public in and for Dubuque County, Iowa. Councilman Jansen moved that the Grant of Easement be approved and recorded and made a matter of record. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. May 4, 1931. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: In accordance with Chapter 289 of the Iowa State Code of 1927, and amendment carried in the 44th General Assembly just ad- journed, the Civil Service Commis- sion conducted promotional examin- ations for the members of the Police and Fire Departments on April 6, 1931. The following is a schedule of those who passed with the highest average and are respectfully sub- mitted for your information and ap- proval. These eligible lists are to stand on file for a period of two years from April 1, 1931. ELIGIBLE LIST FOR PROMOTION IN POLICE DEPARTMENT Roy Aitchison 100 Edw. Vosberg 100 John Derreberry 98 Frank Matz 92 George Gilligan 87 Roy Horsfall ......... ._...._...._ ...... _ John Purcell _ 80 Oscar Livermore 76 ELIGIBLE LIST FOR PROMOTION TO CAPTAIN IN FIRE DEPARTMENT Roy Tierney 80 ELIGIBLE LIST FOR PROMOTION TO LIEUTENANT IN FIRE DEPARTMENT Harold Cosgrove 100 James Donlan 99 Louis Donovan 99 Otto Larson 92 Vincent Kluck 84 Charles Jochum 83 Wm. Higgins 80 Mayhew Bennett 78 Chalmers Corzine 76 Martin Fury 75 Wm. Stoltz 75 Wm. E. Blaser 71 John McCann 70 Regular Session, May 4th, 1931 133 ELIGIBLE LIST FOR PROMOTION TO ENGINEER IN FIRE DEPARTMENT Ray Slaght 100 Chester Lorenz 95 Louis Wemett 82 Respectfully submitted, R. L. WOODWARD, Chairman. E. J. RYAN, J. E. ERNSDORFF, Commissioners. ALLAN E. SIGMAN, Secretary. Councilman McEvoy moved that the report of the Civil Service Com- mission be approved and placed on file. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Ordinance No. 8 -31, having pass- ed upon first and second reading, was presented and read a third time. Ordinance No. 8 AN ORDINANCE vacating the alley first West of Locust Street in the City of Dubuque commencing at the South property line of West Sixth Street and ending approx- imately 183.5 feet South thereof. Whereas the Government of the United States has purchased all of Lot 101, the North 18 feet of Lot 102, the South middle 38.5 feet of Lot 102, the South 8 feet of Lot 102, the North 30 feet of Lot 103, the North 24.5 feet of the South 34.5 feet of Lot 103, all of Lot 140, the North 59 feet of Lot 139, the South 7.5 feet of Lot 139 and the North 54.5 feet of Lot 138, all in the Town (now City) of Dubuque, Iowa, for the purpose of erecting a post office and customs building thereon and the plans for said improvements contemplate the use of a portion of the alley lying first West of Locust Street and extending from West Sixth Street to West Fifth Street in said City; and, Whereas the owners of all of the real estate abutting upon said alley have petitioned the City Council of the City of Dubuque to vacate so much of said alley as will be used and needed for said improvements and there are no other persons or property which will be affected by said vacation and the general pub- lic will not suffer any inconvenience thereby; and, Whereas this Council is desirous of aiding and 'assisting in the pro- motion of said improvements, deem- ing the same advantageous to all of the citizens of the City of Dubuque; and, 134 Regular Session, May 4th, 1931 Whereas, the Engineer has caused to be prepared a plat of the portion of the alley proposed to be vacated w hich plat is hereto attached and made part hereof; now, therefore, Be It Ordained by the City Coun- cil of the City of Dubuque: Par. 156, Section 1. That the al- ley first West of Locust Street com- mencing at the South property line of West Sixth Street and ending ap- proximately 183.5 feet South thereof be and the same is hereby vacated and annulled and from and after the adoption of this Ordinance, said por- tion of said alley shall no longer be open for public use as a public thoroughfare. Par. 157, Section 2. That upon the final passage and adoption of this Ordinance, the Clerk shall and he is hereby directed to cause a certified copy of the same to be filed in the office of the Recorder of Dubuque County, Iowa, together with the plat attached hereto, the same to be a part of the permanent records of said office. Par. 158, Section 3. This Ordin- ance being deemed urgent and in the interest of the public peace, safety and general welfare shall be in force and effect from and after its final passage and adoption by the City Council and publication as provided by law. Passed upon first and second read- ing this 27th day of April, 1931. Passed, adopted and approved up- on final reading this 4th day of May, 1931. WM. H. MEUSER, Mayor. ED. McEVOY, GEO. O. JANSEN, H. F. SCHUCKERT, M. B. ANDELFINGER, Councilmen. Attest: JOHN STUBER, City Clerk. Published officially in the Tele- graph- Herald and Times - Journal newspaper, May 6th, 1931. 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. May 4, 1931. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that we have received application for a cigarette permit for Mai & Berntgen to operate at 438 -466 Main Street. They are to succeed Jay Luckey, deceased. They have filed a properly exec- uted bond which is attached here- with and have paid a fee of $25.00. Respectfully submitted, A. E. SIGMAN, Secy. to City Manager. Councilman McEvoy moved that the bond be approved and placed on file and a permit be granted. Sec- onded by Councilman Andelfinger. Carried by the following vote Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. May 4, 1931. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: In connection with Ordinance No. 5, adopted March 30, 1931, you will find attached here- with Policy No. J- 590611 issued by the Continental Insurance Company, Lange's Insurance Agency, local agent, to the Yellow Cab Company and covering your fellow cabs. This policy conforms to the ordinance with the exception that it expires August 14, 1931. There is also attached policy No. CA- 1258474 issued by the Continen- tal Casualty Company, Lange's In- surance Agency, local agent, to P. Kennedy covering one Studebaker Sedan. This policy conforms to the specifications of the ordinance in all respects. There is also attached hereto pol- icy No. ML -83221 issued by the Mer- chants Fire Assurance Corporation of New York, Kretschmer Insurance Agency, local agent, to P. C. Aird covering one Cadilac Sedan. This policy conlorms to the specifications of the ordinance in all respects. The license for the above taxicabs will be issued upon approval of the policies. Respectfully submitted, A. E. SIGMAN, Secy. to City Manager. Councilman Jansen moved that the policies be approved and placed on file and license be issued. Sec- onded by Councilman McEvoy. Car- ried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. City Solicitor reported on the State Automobile Insurance Policies recommending that the City approve and accept the policy for (drive yourself) automobiles let out for hire. Councilman Andelfinger moved that the recommendation of the City Solicitor be approved. Seconded by Councilman Schuckert. 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 policy of the State A utomobile Insurance Association covering three cars, as follows: Policy No. 264564. One Whippet Se- dan, 1930 Model, 96 A. Serial No. 465982; one Whippet Sedan, 1929 Model, 98 A., serial No. 80899; one Chevrolet Sedan, 1929 Model, 21 A. C., serial No. 1236. Councilman Schuckert moved the policy be approved and the license be issued. Seconded by Councilman Andelfinger. Carried by the follow- ing vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Petition of four junk dealers claiming that business is so poor that they can hardly make expenses and they hereby petition the Coun- cil not to exact, the customary lic- ense for the year 1931. Councilman McEvoy moved that the petition be referred to the Coun- cil for consideration. Seconded by Councilman Andelfinger. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. May 4, 1931. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The following mat- ters have been brought before the Planning and Zoning Commission, and the disposition of same is shown in the following motions. MEETING OF MARCH 25, 1931. "Mr. Welch moved that the Com- mission approve the action of the Council to improve Central Avenue from 22nd to 32nd Streets by pav- ing, installing two -inch fibre conduit where necessary and widening the two blocks between 22nd and 24th Streets two feet on each side. Mo- tion seconded by Mr. Bissell and carried." "Mr. Bissell moved that the in- stallation of the boulevard lights on Iowa Street from 4th to 14th Streets be approved by the Commission and that the particular type of single light standards, as approved by the Council on April 9, 1930, be ap- proved by the Commission for all future street installations. Motion seconded by Mr. McKay and car- ried." "Mr. Welch moved that the im- Regular Session, May 4th, 1931 135 provement of Spruce Street from West 11th to Jefferson Streets by paving to a width of twenty -eight feet, as proposed by the City Coun- cil, be approved by the Commission. Motion seconded by Mr. Stoffregen and carried." Mr. Bissell moved that the pre- liminary plans of i,.adlaj and Ma- clay for a new subdi,i.aa:,n on the ksbury Road be approved and that they be requested to file a final plan, showing method of deposition of sewage, installation of water and gas connections and grading plans, with- in. Seconded by Mr. Waller and carried. "A motion was made by Mr. Welch and seconded by Judge Nelson that the Commission approve the paving of McCormick Street from the south property line of Delhi Street to the n.orth property line of Grace Street which had been referred to the Commission by the City Council at a meeting held May 4, 1931. Motion carried." "A motion was made by Mr. Bis- sell and seconded by Judge Nelson that the Commission approve the paving of Bennett Street from the west property line of North Grand- view Avenue to the east property line of McCormick Street which had been referred to the Commission by the City Council at a meeting held May 4, 1931. Motion carried." Respectfully submitted, R. W. McKAY, Secretary, Planning and Zoning Commission. Councilman Jansen moved that the report be approved and made a matter of record. Seconded by Coun- cilman Schuckert. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. May 4, 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: SIGNS. Interstate Finance Corporation, 1020 Central Avenue; Policy No. O. L. & T. 432081, Continental Casualty Co. Clarence R. Sandry, 144 Locust Street; Policy No. 167176, Employ- ers Mutual Casualty Co. Urbach Bros. Co., 744 -752 Main Street; Policy No. O. L. & T. 432080, Continental Casualty Co. EXCAVATION F. J. Rellihan. 1715 Central Ave- 136 Regular Session, May 4th, 1931 nue; Southern Surety Co. of New York. 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. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: As per resolution of necessity for construction and in- stallation of sewer, water and gas connections on the improvement of Central Avenue from the north prop- erty line of East Twenty- second Street and Kaufmann Avenue to a point about fifty feet north of the north property line of East and West Thirty- second Street, I here- with submit my report stating that sewer, water and gas connections to the curb line are required on this improvement. Very truly yours, W. H. CULLEN, City Engineer. Councilman Schuckert moved that the report of the Engineer be adopt- ed and the Clerk be instructed to advertise for bids. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Resolution No. 63-31. Preliminary estimate, plans and specifications, form of contract and cost of improvement for the im- provement of North and South Al- gona Street from the South property line of Grace Street to the North property line of St. Joseph Street, presented and read. 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. Passed, adopted and approved May 4th, 1931. W. H. MEUSER, Mayor. ED. McEVOY, GEO. O. JANSEN, H. F. SCHUCKERT, M. B. ANDELFINGER, Councilmen. Attest: JOHN STUBER, City Clerk. Resolution No. 64-31 (Necessity for improvement.) WHEREAS, proposed plans, speci- fications, form of contract, plat and scehdule 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 street 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 - stiuction and kind of material to be used. 6. In each case the amount there - cf which is estimated to be assessed against each lot, for the improving of North and South Algona Streets from the south property line of Grace Street to the north property line of St. Joseph Street, by grading said street between the existing combin- ation curb and gutter to the proper sub - grade, furnishing Class B con- crete, furnishing steel, constructing concrete walks where necessary, re- ',lacing combination curb and gutter where designated by the City Engin- eer, laying drain tile and by paving said street with a six (6) inch con- crete pavement twenty (20) feet wide between Grace and Bennett Streets - and twenty -six feet wide between Bennett and St. Joseph Streets. Es- ;irnated cost $10,764.00. 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- tioned improvements, 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 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 ap- proved 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 privately owned pro - nerty lying within assessable dis- tance provided by law and in an Regular Session, amount not to exceed the amount provided by law, property will be as- sesse'u 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 the general fund or improvement fund, or partly out of each of such funds. Bonds shall be issued and sold in anticipation of defered pay- ments of assessments when a con- tract has been performed and accept- ed and the proceeds thereof used to pay the contractor. The railway por- ti'n 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 4th duy of May, 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. Attest: JOHN STUBER, City Clerk. Councilman McEvoy moved that i.he resolution be approved and placed on file for final action. Sec- onded by Councilman Schuckert. Car- ried by the following vote: Yeas —Mayor Meuser, Councilmen AndeIfinger, Jansen, McEvoy, and Schuckert. Nays —None. Resolution No. 65 -31. (Fixing Date of Hearing). Whereas, the City Council of the City of Dubuque, Iowa, has by Reso- lution No. 63 -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 for pub- lic inspection, for the improving of North and South Algona Streets from the south property line of Grace Street to the north property tine of St. Joseph Street, by grading said street between the existing combination curb and gutter to the proper sub - grade, furnishing Class B concrete, furnishing steel, construct- ing concrete walks where necessary, replacing combination curb and gut- ter where designated by the City Engineer, laying drain tile and by paving said street with a six (6) inch concrete pavement twenty (20) feet wide between Grace and Ben- nett Streets and twenty -six feet wide between Bennett and St. Jo- May 4th, 1931 137 seph Streets. Estimated cost $10,764.00, and 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 25th 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 as- sessment for the proposed improve- ment may appear and make objec- tion to the proposed plans and spec- ifications 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 Nec- essity and 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 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 property owners at the time of final consideration of said resolution have on file with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objections thereto, at which hear- ing the Council will hear such ob- jections and enter on record its final decision thereon. Passed, adopted and approved this 4th day of May, 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. Verbal petition of the Roshek Realty Co. asking that the City Council change the curb grade on the north side of West 7th Street from Locust Street to the alley first east of Locust Street to conform with the curb. Councilman Andelfinger moved that the prayer of the petition be granted. Seconded by Councilman McEvoy. Carried by the following 138 Regular Session, May 4th, 1931 Regular Session, May 4th, 1931 139 vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Ordinance No. 9 -31 establishing a grade for the north curb of West 7th Street from the east property line of Locust Street to the west line of the alley first east of Locust Street, presented and read, being profile No. 1285. Councilman Andelfinger moved that this be considered the first reading of the Ordinance Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Councilman Andelfinger moved that the rules be suspended requir- ing an ordinance to be read on three separate days. Seconded by Coun- cilman McEvoy. Carried by the fol- lowing vote: Yeas —Mayor Meuser, Councilmen A ndelfinger, 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 Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. City Solicitor stated that the City holds tax sale certificate on Lot 29, Yates Sub., owned by Chas. Clem- ens and that Mr. Clemens is now in position to redeem his property and offers to pay the Pace value of the certificate with 5% interest from date of sale. Councilman Jansen moved that upon payment of the face value of the certificate with 5% interest from date of sale the tax certificate be surrendered and the Treasurer be instructed accordingly. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. • Resolution No. 75 -31. Whereas, the Realty Improvement Company had filed a plat of Hill - crest Park, a subdivision in Du- buque Township, Dubuque County, Iowa, which subdivision is adjacent to th,e City of Dubuque and lies within one mile of the limits of said city; and Whereas, said plat has been sub- mitted to the Planning and Zoning Commission of said City, which Commission has approved the same, except for some incidental details which do not affect the plat itself; and Whereas, the City Council has considered said plat and finds the same proper in all respects; now therefore, Be it resolved by said Council that said plat of said subdivision be and the same is hereby approved and the Mayor and Clerk are here- by directed to certify to a copy of this resolution whicn seal be affix- ed to the plat. Passed, adopted and approved this 4th day of May, 1931. W. H. MEUSER, Mayor. ED. McEVOY, GEO. O. JANSEN, H. F. SCHUCKERT, M. B. ANDELFINGER, Attest: JOHN STUBER, City Clerk. 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. The City Solicitor reported verb- ally that Miss Eva Tisserand, who sustained personal injuries in a fall, asks that the City pay her doctor bill and also compensate her for time lost while suffering from her injuries amounting to $68.00; he stated further that he didn't think the City is liable. Councilman Schuckert moved that the petition be received and filed. Seconded by Councilman Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Councilman Jansen moved that gas mains be laid on all streets that are slated to be paved at this time. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Councilman McEvoy moved that property owners be notified to re- pair sidewalks where necessary, which were broken by tree roots, within 15 days from receipt of no- tice, otherwise the City will repair the same at the expense of the prop- erty owners. Seconded by Council- man Schuckert. Carried by the fol- lowing vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Resolution No. 67 -31. Preliminary estimate, plans and specifications, form of contract and cost of improvement for the instal- lation of sewer, water and gas con- nections in and along McCormick Street from the south property line ot Delhi Street to the north prop- erty line of Grace Street, presented and read. Councilman - Schuckert moved the adoption of the resolution. Seconded by Councilman Jansen. Carried by the following vote. Yeas — Mayor Meuser, Councilmen Andelfinger, Jansen McEvoy, and Schuckert. Nays—None. Approved and adopted May 4th, 1931. W. H. MEUSER, Mayor. ED. McEVOY, GEO, O. JANSEN, H. F. SCHUCKERT, M. B. ANDELFINGER, Councilmen. Attest: JOHN STUBER, City Clerk. Resolution No. 68-31. (Necessity for improvement and ordering construction). Whereas, proposed plans, specif- ications 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 connections to curb lines from sewer, water and gas mains in and along McCormick Street from the south property line of Delhi Street to the north property line ot Grace Street, and it is deemed nec- essary and advisable by said Coun- cil that such connections be made before Said street is permanently improved by paving, now therefore Be It Resolved by the City Coun- cil of such City that such connec- tions be and the same are hereby ordered made and constructed, and unless the property owners make such connections within 10 days from the service of notice upon them, bids will be received for such work and a contract awarded there- for. 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 for which they are made, and any deficiency shall be paid out of the general fund or improvement 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 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 adopted this 4th day of May, 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. Resolution No. 69 -31. Preliminary estimate, plans and specifications and form of contract for the installation of Sewer, Water and Gas Connections in and along Spruce Street from the north prop- erty line of Jefferson Street to the South property line of West 11th Street, presented and read. 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. Approved and adopted May 4th, 1931. WM. H. MEUSER, Mayor. ED. McEVOY, GEO. O. JANSEN, H. F. SCHUCKERT, M. 13, ANDELFINGER, Councilmen. Attest: JOHN STUBER, City Clerk. Resolution No. 70-31. (Necessity for improvement and ordering construction). Whereas, proposed plans, specif- ications, and form of contract have been duly prepared and approved by 140 Regular Session, May 4th, 1931 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 connections to curb lines from sewer, water and gas mains in and along Spruce Street from the North property line of Jefferson Street to the south property line of West 11th Street, and it is deemed necessary and advisable by said Council that such connections be made before said street is perman- ently 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 constructed, and unless property owners make such connec- tions within 10 days from the ser- vice of notice upon them, bids will be received for such work and a contract awarded therefor. 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 vud 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 for which they are made, and any deficiency shall be paid out of the general fund or improvement fund, or part- ly out of each of such funds. Bonds shall be issued and sold in anticipa- tion of deferred payments of assess- ments 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 adopted this 4th day of May, 1931. Approvde: 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 S chuckert. Nays —None. Resolution No. 71 -31. Preliminary estimate, plans and specifications and form of contract for the installation of Sewer, Water and Gas connections in and along Bennett Street from the West prop- erty line of North Grandview Ave- nue to the east property line of Mc- Cormick Street, presented and read. 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. Approved and adopted May 4th, 1931. W. M. MEUSER, Mayor. ED. McEVOY, GEO. O. JANSEN, H. F. SCHUCKERT, M. B. ANDELFINGER, Councilmen. Attest: JOHN STUBER, City Clerk. Resolution No. 72 -31. (Necessity for improvement and ordering construction). Whereas, proposed plans, specif- ications, 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 connections to curb lines for sewer, water and gas mains in and along Bennett Street from the west property line of North Grandview Avenue to the East property line of McCormick Street, and it is .deemed necessary and advisable by said Council that such connections be made before said street is perm- anently 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 constructed, and unless the property owners make such con- nections within 10 days from the service of notice upon them, bids will be received for such work and a contract awarded therefor. 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 for which they are made, and any deficiency shall be paid out of the general fund or improvement 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 the proceeds thereof used to pay the contractor. The above resolution was intro- duced, approved and adopted this 4th day of May, 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. Resolution No. 73 -31. Preliminary plans and .specifica- tions and form of contract for the constructing and installing of sewer, water and gas connections in and along North and South Algona Street from the South property line of Grace Street to the North prop- erty line of St. Joseph Street, pre- sented and read. 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. Adopted and approved May 4th, 1931. WM. H. MEUSER, Mayor. ED. McEVOY, GEO. O. JANSEN, H. F. SCHUCKERT, M. B. ANDELFINGER, Councilmen. Attest: JOHN STUBER, City Clerk. Resolution No. 74-31. (Necessity for improvement and ordering construction). Whereas, proposed plans, specif- ications, 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 connections to curb lines from sewer, water and gas mains in and along North and South Algona Streets from the south property line of Grace Street to the North prop- erty line of St. Joseph Street, and it is deemed necessary and advis- Regular Session, May 4th, 1931 able by said Council that such con- nections be made before said street is permanently 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 constructed, and unless property owners make such connec- tions within 10 days from service of notice upon them, bids will be re- ceived for such work and a contract awarded therefor. 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 for which they are made, and any deficiency shall be paid out of the general fund or improvement fund, 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 accepted and the proceeds thereof used to pay the contractor. The above resolution was intro- duced and adopted this 4th day of May, 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 A ndelfinger, Jansen, McEvoy, and Schuckert. Nays —None. There being no further business, Council adjourned. JOHN STUBER, City Clerk. Adopted 1931. Approved 1931. Councilmen: Attest: - ...- ................ 141 City Clerk. 142 Special CITY GOUNCIL (Official) Special Session, May llth, 1931. Meeting called by order of Mayor Meuser and Councilman Jansen. Council met at 7:30 P. M. Present —City Manager Evans, Mayor Meuser, Councilmen Andel- finger, Jansen, McEvoy, Schuckert. Mayor Mouser read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of consider- ing bids and awarding contract for the improvement of Central Avenue from East 22nd Street and Kauf- mann Avenue to a point about 50 feet north of East and West 32nd Street, and acting on any other busi- ness that may come before the meeting. Councilman Schuckert moved that J. J. Shea be appointed as Clerk pro -tem of this meeting. Seconded by Councilman Andelfinger. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Proof of publication, certified to by the publisher, of notice to con- Types Petition of Nick F. Schueller et al. asking to have Central Avenue paved with sheet asphalt, also a petition of Charles Rose et al. ask- ing that Central Avenue be paved with concrete. Councilman McEvoy moved that the rules be suspended to allow any- one present who wishes to do so to 'address the Council. Seconded by Session, May llth, 1931 Erl ef, ti tractors of the receipt of bids for the improvement of Central Avenue from East 22nd Street and Kauf- mann Avenue to a point about 50 feet north of East and West 32nd Street, presented and read. Councilman Schuckert moved that the notice be received and filed. Seconded by Councilman Andel- finger. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert, Nays —None. May 11, 1931. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: In accordance with your instructions and our advertise- ment, bids were received at 10:00 A. M. Friday, May 8, 1931, for the paving of Central Avenue from East 22nd Street and Kaufmann Avenue to a point 50 feet north of East and West 32nd Street. I am attaching hereto a tabulation sheet showing the unit price and total prices bid on the various types of pavement. This is being given you for your information. Respectfully submitted, R. M. EVANS, City Manager. SUMMARY OF CENTRAL AVENUE PAVING BIDS AS RECEIVED MAY 8, 1931 "w G Concrete paving with new curb $45,693.96* $43,147.36 $66,508.38 $61,228.20 Concrete paving with old stone curb 42,304.96f 41,213.36 61,228.20 Sheet asphalt with new curb 43,299.56 61,228.20 Sheet asphale with old stone curb 39,910.56 61,228.20 Warrenite Bith. with new curb 49,740.80 76,228.80 Warrenite Bith. with old stone curb 46,351.80 76,228.80 *Note: If Quick Setting Con- crete is used add, per sq. yd .25 .25 .30 1Note: If Quick Setting Con- crete is used add, per sq. yd .25 .24 ...... $Note: Engineer's Estimate includes 10% additional for advertising, engi- neering and contingencies. Councilman Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. A Standard Oil representative, Joe Becker, Clarence Carney et al. ad- dressed the Council on types of pavement for Central Avenue. Special Session, Supt. Al Smith of the Interstate Power Company addressed the Council asking for plernn,ission to abandon the street car tracks from 24th Street north to the City Limits and be allowed to construct a sin- gle track from 22nd Street to 24th Street with alterations at the car barn. Resolution No. 76-31. Whereas the Interstate Power Company has requested this Council for permission to abandon its dou- ble track system from 22nd Street to 24th Street on Central Avenue and substitute a single track there- fore, and also to abolish its single track system from .4th Street north- erly on Central Avenue together with switches and turnouts located thereon; and Whereas this Council deems it ad- visable to grant said petition; now, therefore be it Resolved by the City Council of the City of Dubuque, that the peti- tion of the Interstate Power Com- pany be and the same is hereby granted to said Company, and it is hereby granted the right to substi- tute a single line of street railway for the double track system on Cen- tral Avenue from 22nd Street to 24th Street and said company is fur- . ther granted the right to entirely abandon its line of railway north- erly from 24th Street on Central Avenue together with its switches and turn -outs and substitute busses thereon. Passed, adopted and approved this llth day of May, 1931. WM. H. MEUSER, Mayor. ED. McEVOY, GEO. O. JANSEN, H. F. SCHUCKERT, M. B. ANDELFINGER, Councilmen. Attest: J. J. SHEA, City Clerk, pro -tem. Councilman McEvoy 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. Councilman McEvoy moved that the petitions asking for sheet as- phalt and concrete pavements on Central Avenue be made a matter of record. Seconded by Councilman Andelfinger. Carried by the follow- ing vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Councilman Andelfinger moved May 11th, 1931 143 that the type of construction to be used for the improvement of Central Avenue be concrete pavement and onew concrete curbs. Seconded by Councilman Jansen. Carried by the following vote: Yeas — Councilmen Andelfinger, Jansen, McEvoy, Schuckert. Nays —Mayor Meuser. Mayor Meuser explained his vote by saying that he was not opposed to concrete, but believed that the property owners should have a voice in selecting the type of ma- terial to be used, and that he knows that concrete will make a good street. Resolution No. 77 -31 (Awarding Contract) WHEREAS, proposals have been submitted by contractors for the Im- proving of Central Avenue from the r. rth property line of East Twen- ty- Second Street and Kaufman Av- enue 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 creosote wood blocks, bituminous pavement, brick pavement and sand cushion from existing concrete base, cleaning said concrete base and re- airing 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, combin- ation curb and gutter, concrete head- ers, tile drain and installing two (2) inch Fibre Conduit where necessary, Li:d by paving and draining said street forty -four (44) feet wide from the north property line of East Twen- ty- second Street and Kaufman Aven- ue to the south property line of East T wenty- 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 necessary binder, ap- proximately three (3) inches more or less, upon the present concrete foundation, or with Warrenite Bith- ulithic pavement two (2) inches thick and necessary binder approximately two and one -half (2 inches more or less on the present concrete found- ation and by paving a single track : treet railway portion from East Twenty- second Street and Kaufman 144 Special Session, May llth, 1931 Avenue to the Interstate Power Com- pany Car Barns with concrete pave- ment (5) inches thick and seven (7) feet wide, pursuant to Resolution No. 47 -31 and Uhlrich Paley Co., con - 'ractor, has submitted the lowest bid for the furnishing of all labor and materials and performing the work w.th concrete and concrete curb as provided for in the plans and speci- fications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be awarded to Uhlrich, Paley Co., and the Manager be and he is hereby directed to execute a contract on behalf of the City of Du- buque for the complete performance of said work. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate - necessity become effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on May 11, 1931. Councilman Andelfinger moved that the resolution awarding the contract to Uhlrich Paley Company be ap- proved and placed on file for one week for public inspection. Second- ed by Councilman Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Proof of publication certified to by the publisher, for a hearing on I.lans, specifications, and form of contract for the improvement of Mc- Cormick Street from the south prop- erty line of Delhi Street to the north property line of Grace Street, pre- sented and read. Councilman Schuckert moved that the proof of publication be received and filed. Seconded by Councilman Andelfinger. Carried by the follow - nig vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Proof of publication of notice of pendency of resolution of necessity or the improvement of McCormick Street from the south property line of Delhi Street to the north proper- ty line of Grace Street, presented and read. Councilman Schuckert moved that the proof of publication 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. Petition of Geo. H. Kampman own- er of lots 4, 5, 6 Katnpman's Sub., protesting against the assessment as proposed to be levied against his property, for the improvement of Mc- Cormick Street. Councilman Schuckert moved that the petition be received and filed. Seconded by Councilman Andelfinger. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Verbal protest of the University of Dubuque objecting to the improve- ment of McCormick Street, by C. Lyon, treasurer, stating that the Uni- versity will be assessed for one -half of this improvement and it will work a hardship on it at this time. Councilman Schuckert moved that the verbal petition be received and filed. Seconded by Councilman An- delfinger. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Resolution No. 78 -31 containing decision of Council upon objections to plans, specifications, form of con- tract and cost of improvement for the improvement of McCormick St., from the south property line of Del- hi Street to the north property line of Grace Street, presented. 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. 51 -31 resolution of necessity for improvement of Mc- Cormick Street from the south prop- erty line of Delhi Street to the north property line of Grace Street having been approved and placed on file April 20th, 1931, presented for final adoption. 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. 79 -31 ordering construction and directing the Clerk to advertise for bids for the improv- ing of McCormick Street from the south property line of Delhi Street Lc the north property line of Grace Street, presented. Councilman McEvoy moved the ad- option of the resolution. Seconded by Councilman Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Proof of publication, certified to by the publisher, of notice of pendency of resolution of necessity and hear- ing upon proposed plans and speci- fications, form of contract and cost of improvements for the improving of Spruce Street from the north property line of Jefferson Street to the south property line of West Eleventh Street, presented and read. Councilman Schuckert moved that the notice be received and filed. Sec- onded by Councilman Jansen. Car- ried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Petition of Mrs. Tillie Henkel et al remonstrating against the proposed improvement of Spruce Street from the north property line of Jefferson Street to the south property line of West Eleventh Street, presented and road. Councilman McEvoy moved to re- ceive and file the remonstrance and that all previous proceedings pertain- ing to the proposed improvement of Spruce Street be rescinded. Second- ed by Councilman Andelfinger. Car- ried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Petition of W. H. Elfmann, asking permission to convert the rear porch on Lot 160 and north 13 feet of Lot 159, City Lots, into two offices, fac- ing Eleventh Street and the alley be- tween Main and Locust Street, pre- sented and read. Councilman Andelfinger moved to grant the prayer of the petitioner and that the Building Commissioner be instructed to issue a permit for same. - Seconded by Councilman Schuckert. Carried by the following vote': Yeas —Mayor Meuser, Councilmen An delfinger, Jansen, McEvoy, and Schuckert. Nays —None. Special Session, May llth, 1931 145 May 11, 1931. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have approved the following polic- ies covering signs and desire to have your approval on same for filing: Fuhrman - Triller Co., 905 Central Avenue. Policy No. GL 1146380, Hartford Accident & Indemnity Co. Universal Car & Tractor Co., 930 -990 Central Avenue. Policy No. IFA' :.567152, The Travelers Indemnity Co. Thiesen Battery & Electric Co., 330 West 8th Street. Policy No. YC 2068, London Guarantee & Accident Co. The Dreamland Theater, 5th and Main Strrets. Policy No. 5416687, rho Fidelity & Casualty Co. Respectfully submitted, R. M. 'EVANS, City Manager. Councilman Schuckert moved that the report of the City Manager be approved and the bonds placed on file. Seconded by Councilman Jan - sen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert Nays —None. Petition of Marie H. Haller, refer - ] ed to the City Council by the Board of Supervisors, asking that the 1930 tax be suspended on Sub. 1 of 33 Mt. Pleasant Add., Lot 2, by reason of infirmity, presented and read. Councilman Schuckert moved to refer the petition to the City Solic- itor. Seconded by Councilman An- delfinger. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Petition of Dave Gantenbein, re- fered to the City Council by the Board of Supervisors, asking to have the 1921 to 1930 tax on personal prop- erty suspended by reason of infirm - ty, presented and read. Councilman Schuckert moved to refer the petition to the City Solic- itor. Seconded by Councilman An- delfinger. Carried by the following ote: Yeas —Mayor Meuser, Councilmen kndefinger. Jansen. McEvoy, and Schuckert. Nays —None. Petition of A. & 13. Woller asking 'nat the special assessment levied against Lot 10 McDaniel's Park Hill Addition be cancelled as there is no sewer constructed for this lot this being the sewer assessment for the :,ewer in West 28th Street, present- ed and read. Councilman McEvoy moved to re- ceive and file the petition. Seconded by Councilman Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Petition of Mrs. T. Donielson, Ma- 146 Special Session, May llth, 1931 quoketa, Iowa, asking that she be giv- en some compensation for the ruin - irg of two tires and inner tubes due to striking the water drain at Sec- ond and Locust Streets, presented and read. Councilman McEvoy moved to re- fer the petition to the City Solicitor. Seconded by Councilman Andelfinger. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Petition of W. Brunaugh, an ex- se-vice man, asking for permission to make and sell home made doughnuts and cookies at the Market Square and in the City from house to house, presented and read. Councilman McEvoy moved to re- fer the petition to the City Manager for investigation and grant the same it worthy. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen. McEvoy, and Schuckert. Nays —None. Report of the City Health Depart- ment for the month of April, 1931, presented. -- Councilman Jansen moved that the report be approved and placed on file. Seconded by Councilman Mc- Evoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. May 9, 1931. To the Honorable Mayor and City Council. Du Duque, Iowa. ventlemen: I am attaching here- to reports of the City Auditor, City Treasurer and City Water Works for the month of April, 1931, also a list of claims and a list of pay- rolls for which warrants were issued during the month of April, 1931. Respectfully submitted, R. M. EVANS, City Manager. Councilman Jansen moved that the eport of the City Manager be ap- proved and reports be placed on file. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. May 11, 1931. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: In connection with the request of April 27th from Mr. Henry W. Elliott, 1303 Washington Street, which was referred to the writer for investigation, please find herewith attached the original appli- cation which facts have been veri- fied by the writer with the follow- ing information. Mr. Elliott has been examined by Dr. Painter through arrangements made by Dr. Connell, city physician, and Dr. Painter advises that while Mr. Elliott has had a touch of tu- berculosis in the past, that he is able to work and would endanger in no ways persons buying vegetables from him. This gentleman has lost an arm for which settlemant was made in the sum of $5,000.00, but unfortunately the $5,000.00 was lost in a grocery deal some years ago. The writer recommends that the license to sell fruit and vegetables be granted for one year without the usual charge -. Respectfully submitted, R. M. EVANS, City Manager. Councilman Schuckert moved that the recommendation of the City Man- ager be approved. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Ordinance No. 9 -31 having passed unon 1st and 2nd reading was pre tented and read a third time. An Ordinance No. 9 -31 ESTABLISHING A GRADE FOR THE NORTH CURB OF WEST SEVENTH STREET FROM THE EAST PROPERTY LINE OF LO- CUST STREET TO THE WEST .MINE OF THE ALLEY FIRST EAST OF LOCUST STREET. Be it ordained by the City Coun- cil of the City of Dubuque: Section 1. That a grade for the north curb of West Seventh Street firm the east property line of Lo- cust Street to the west line of the alley first east of Locust Street be and the same is hereby established and adopted as shown by the profile of said street and grade prepared by the City Engineer, being Profile No. 1285 B. M. On water table of build - ing at the northwest corner of West Eighth and Locust Street. Elevation 57.32. Said grade begins at the east property line of Locust Street which is Station 0+00 north curb elevation 53.58; thence to Station 0 +44 north curb elevation 53.24; thence to Sta- tion 0+63 north curb elevation 53.00: thence to Station 0 +91 north curb elevation 51.42; thence to Station ] -i -14 which is the west alley line of the alley first east of Locust Street north curb elevation 50.90. Section 2. This ordinance shall be in force and effect ten (10) days from and after its final passage and adoption by the City Council and publication as provided by law. Passed upon first and second read- ings May 4th, 1931. Passed, adopted and approved May llth, 1931. WM. H. MEUSER, Mayor. ED. McEVOY, GEO. O. JANSEN, H. F. SCHUCKERT, M. 13. ANDELFINGER, Councilmen. Attest: J. J. SHEA, City Clerk pro tem. Councilman Schuckert moved the adoption of the ordinance. Second- ed by Councilman McEvoy. Carried by the following vote: Yeas - -Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. May 11, 1931. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: In connection with Ordinance No. 5 adopted March 30, 1931, you will find attached hereto Policy No. 265113 issued by the State Automobile Insurance Association, reciprocal, Vincent Kehoe, local agent, to the Rent -a -Ford Company covering one 1928 Chrysler Sedan, also Policy No. 265396 issued by the State Automobile Insurance Associa- tion, Vincent Kehoe, local agent, cov- ering one 1930 Ford Sedan, one 1929 Ford Sedan and one 1929 Plymouth Sedan. These policies conform to the ordinance in all respects. There also attached Policies No.. 62163, 62164 and 62165 issued by the Hawkeye Casualty Company, A. L. Mutschler, local agent, covering 13. J. Kramer, representing the Black and White Taxicab Company, for three Black and White taxicabs. These policies conform to the ordin- ance in all respects. The license for the above taxicabs will be issued upon approval of the policies. Respectfully submitted, A. E. SIGMAN, Secy. to City Manager. Councilman Schuckert moved that the bonds be approved and placed on file and that licenses be issued for same. Seconded by Councilman Andelfinger. Carried by the follow- ing vote: Yeas —Mayor Meuser, Councilmen Special Session, May llth, 1931 147 Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Annual report of the Civil Service Commission for the year ending March 31st, 1931, presented and read. Councilman Schuckert moved that the report be received and filed. Sec- onded by Councilman Andelfinger. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Xndelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Ordinance No. 10 - -31 amending an :rrdinance entitled "Ordinance No. 2 —31 an ordinance regulating the use of motor and other vehicles upon the streets of the City of Dubuque; des- ignating the provisions hereof" as the "Traffic Code of the City of Dubuque" presented and read. Councilman Andelfinger moved that this be considered the first reading of the ordinance. Seconded by Coun- cilman McEvoy. Carried by the fol- 'owing vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Councilman Andelfinger moved that the rules be suspended requiring an ordinance to be read on three separ- ate days. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. The ordinance was then read a second time. Councilman Andelfinger moved that this be considered the second read- ing of the ordinance. Seconded by Councilman McEvoy. Carried by the fallowing vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. PetiTion of A. L. Rhomberg, H. L. Louse and F. J. Bauer, desiring that the City of Dubuque extend and grade North Alta Vista Street in front of Lot 1 of Union Avenue Sub. at the same per cent of grade as :s now established, presented and read. Councilman McEvoy moved that the prayer of the petitioners be granted and the petition be made a matter of record. Seconded by Councilman Schuckert. Carried by the following vote: Yeas — Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Scnuckert. Nays - -None. Report of City Solicitor Czizek 148 Special Session, May 18th, 1931 recommending that the 1930 tax be s•ispended on Lot 14 Reeder Lang - v, orthy Add., Mrs. Mary Fink, own- er, presented. Councilman McEvoy moved that the recommendation of the City So- licitor be approved and the Board of Supervisors be notified 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. Councilman McEvoy moved that Harry Schiltz, owner of Lots 4 Sub. Min. Lot 63 and Lot 26 Bonson & Stewart's Sub., be allowed to redeem the tax sale certificates held by the City against said lots upon payment of the face value of the certificates plus 5 per cent interest and that the City Treasurer be instructed accord- ingly. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Councilman Jansen moved that the City Solicitor be empowered to set- tle the claim of Sienne Liepe in the srm of $200.00. Seconded by Coun- cilman McEvoy. Carried by the fol- lowing vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. There being no further business, Council adjourned. J. J. SHEA, City Clerk, Pro Tem. Approved 1931 Adopted ..... ..._...._ ..... .._.......... _...._ 1931 Councilmen: Attest: ...._...._.... —.._ -- - City Clerk. (Official) Special Session, May 18th, 1931 Meeting called by order of Mayor Meuser and Councilman Jansen. Council met at 8:15 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 final award- ing of the contract for the improv- ing of Central Avenue, considering lids for the installation of boule- vard lights on Iowa Street, adopting resolution of necessity for the im- proving of Bennett Street and act- ing on any other business that may properly come before a regular meet- ing of the City Council. Councilman Andelfinger moved that J. J. Shea be appointed City Clerk, Pro Tem, during the absence of City Clerk John Stuber. Second- ed by Councilman Schuckert. Car- ried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Resolution No. 77 -31 awarding contract for the improvement of Central Avenue from the north prop- erty line of East Twenty - second Street and Kaufmann Avenue to a point about fifty feet north of the north property line of East and West Thirty - second Street by pav- ing with concrete and concrete curbs, said resolution having been approved May 11th, 1931, and placed on file for one week presented for final adoption. 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. Proof of publication, certified to by the publisher, of the notice to contractors of the receipt of pro- posals for the construction and in- stallation of boulevard lights on Iowa Street from West Fourth Street to West Fourteenth Street, presented and read. Councilman Schuckert moved to receive and file the proof of publi- cation. Seconded by Councilman Mc- Evoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen CITY COUNCIL Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. May 18, 1931. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: In accordance with your instructions and our advertise- ment, bids were received at 10:00 A. M. Friday, May 15, 1931, for the installation of Boulevard Lights on Iowa Street from West Fourth Street to West Fourteenth Street. I am attaching hereto a tabulation sheet on same. In connection with the bid of Geo. S. Schugmann of Abingdon, Illinois, we noted at the letting that the bid was somewhat irregular. The unit price of the 57 lamps was not re- corded, but a total for the 57 lamps was shown, namely $10,950.00. On the column in which it was asked that a unit price per foot for cable be named, Mr. Schugmann inserted $25.00, which he explained verbally was his total price for 50 lin. ft. The extra lamp as requested, price on the total was listed as $125.00. However, in the column designated "Total amount of bid," the above mentioned total for the 57 lamps, namely $10,950.00, was again writ- ten on the proposal. Furthermore, the certified check was attached to the bid in the same envelope, whereas the Iowa laws require that certified check be separate. The bid of Mr. Schugmann is the lowest bid, but pending the advice of the City Solicitor to the City Council Monday night, May 18th, the writer hesitates on the recom- mendation. Further analyzing the bids on boulevard lights we find that the Keller Electric Company has attach- ed a blue print of presumably the King type of post which varies from the specifications submitted by the Engineer in the following respects: 1. Height from ground to center of light, City specifications 13' 9 ", King post 14' 2 ". Ad- ditional height of post as bid is 5 ". 2. The shape of the base in the King post is octagonal, where- as the type adopted by Council and as noted in the Engineer's specifications was circular. 3. The door of the base is slight- ly less than specied dimensions. 4. The weight as required by the Engineer was approximately 600 lbs., whereas the post bid on by Mr. Keller weighs 529 lbs. In discussing these questions with the bidder today, Mr. Keller states that in his opinion the details of the type submitted by him are su- Special Session, May 18th, 1931 149 perior to the City Engineer's specif- ications. However, for the purpose of complying with the strict uni- formity, he agrees to furnish the 57 posts as required all in exact con- formity to details, measurements, weights, design, and finish as shown on the Engineer's specifications. He further contends that he could have done this originally, but felt that his post was a superior product inas- much as it was a stock standard type that is made for a number of cities. Respectfully submitted, H. M. EVANS, City Engineer. City of Dubuque, Iowa. Engineering Department. Tabulations of proposals for the installation of Boulevard Lights on Iowa Street from West Fourth Street to West Fourteenth Street. Proposals opened at 10:00 A. M., May 15, 1931: Proposals submitted by Keller Electric Co. — Fifty -seven Boulevard lights complete, ,single light standards, $217.00; Extra ca- ble, if needed, $1.20 per 50 lin. ft.; Extra light, if neded, $140.00. Total amount of bid, $12,569.00. Geo. W. Kennelly Electric Co.— Fifty -seven Boulevard lights com- plete, single light standards, $235.00; Extra cable, if needed, 50 lin. ft., 46c; Extra light, if needed, $235.00. Total amount of bid, $13,653.00. Geo. S. Schugmann — Fifty -seven Boulevard lights complete, single light standards, none; Extra cable, if needed, 50 lin. ft., $25.00; Extra light, if needed, $125.00. Total amount of bid, $10,950.00. The City Engineer's estimate was $15,868.89. Councilman Andelfinger moved that all bids received for the in- stalling of boulevard lights' on Iowa Street from West Fourth Street to West Fourteenth Street be rejected and the City Clerk instructed to re- advertise for bids. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Proof of publication, certified to by the publisher, of the notice of bearing on the plans and specifica- tions, form of contract and cost of construction of the improvement of Bennett Street from the west prop- erty line of North Grandview Ave- nue to the east property line of Mc- Cormick Street presented and read. Councilman Schuckert moved that the proof of publication be received and filed. Seconded by Councilman 150 Special Session, May 18th, 1931 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 the notice of pendency of resolution of necessity for public improvements and hear- ing upon plans and specifications, form of contract and cost of im- provements for the improving of Bennett Street from the west prop- erty line of North Grandview Ave- nue to the east property line of Mc- Cormick Street presented and read. Councilman Schuckert moved to re- •eive and file the proof of publica- tion. Seconded by Councilman Mc- Evoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Written remonstrances of Jacob Schwaegler, John T. Sutter and C. W. Powers protesting against the proposed improvemlent of Bennett Street from the west preoptry line of North Grandview Avenue to the east property line of McCormick Street presented and, read. Councilman McEvoy moved to re- ceive and file the written remon- strances. Seconded by Councilman Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Resolution No. 80 -31 containing decision of Council upon objections to plans, specifications, form of con- tract and cost of improvements 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. 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. 59 -31 resolutions of necessity for improving Bennett Street from the west property line of North Grandview Avenue to the east property line of McCormick Street, said resolution having been approved April 27th, 1931, and placed on file for final action, pre- sented 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. Resolution No. 81 -31 ordering construction and directing the Clerk to advertise for bids for the improv- ing of Bennett Street from the west property line of North Grandview Avenue to the east property line of McCormick Street presented and read. 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. May 13, 1931. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: In connection with the request of May llth of Mr. W. Brunaugh to sell doughnuts in the City of Dubuque without paying the usual license fee, please be advised that the request was referred to the City Manager for investigation. I attach hereto the original posi- tion and wish to add that Mr. Bru- naugh is 36 years old, was born and has lived in Dubuque his entire life with the exception of a few months prior to the beginning of the World War, at which time he was located in Manchester. The applicant has presented discharge papers from the United States army, No. 2,164,239, dated June 15, 1919. The request is in conflict with Or- dinance No. 153 of 1924, Section 3, which reads: "No other food ar- ticles except fruit, vegetables, farm products, poultry, eggs, and wrapped butter shall be sold from house to house." The request is also in vio- lation of Ordinance No. 62 of the January 3, 1920, Modified Ordinances which requires a $50.00 a year per- mit. However, from Paragraph 466 of the same Ordinance No. 62 Coun- cil may, under certain necessary conditions, relieve ex- soldiers from the payment of the usual fee. The applicant is the father of five children and has had no work for some time. If it is permissable and legal to grant this application, the writer would recommend the same, but that he be not allowed to sell doughnuts in the City open market as it will establish a precedent that has been very hard to control and will practically upset the present market regulations. Yours very truly, R. M. EVANS, City Manager. Councilman McEvoy moved to re- fer the communication of the City Manager to the City Solicitor for a report on same. Seconded by Coun- cilman Schuckert. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. May 16, 1931. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: From numerous re- quests the writer would recommend the installation of a new 400 C. P. overhead street lamp near the inter- section of Fourteenth, Algona and Custer Streets. This location is near the top of Fourteenth Street hill and is a very dark intersection at Fourteenth and Algona, to bay noth- ing of the Custer Street intersection off Algona Street about 75 feet south of Fourteenth Street. I be- lieve one light, however, will be sufficient for the inadequate illumin- ation at present. We have also investigated a com- plaint of inadequate street lights at the jog in Washington at Twenty - sixth Street. We would respectfully recommend the Council to authorize the installation of a new 400 C. P. light at Washington and Twenty - sixth Streets. Respectfully submited, R. M. EVANS, City Manager. Councilman Schuckert moved that the recommendation of the City Manager be approved. Seconded by Councilman Andelfinger. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. May 18, 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 to have your approval on same for filing: — Julien Dubuque Hotel, 2nd and Main Streets; Policy No. G. L. 1156351, Hartford Accident and In- demnity Co. Julien Candy Kitchen (P. F. & John Ryder), 241 Main Street; Pol- icy No. G. L. 1156274, Hartford Ac- cident & Indemnity Co. Majestic American Hotel (P. F. & John Ryder), 323 Main Street; Policy No. G. L. 1156318, Hartford Accident & Indemnity Co. New Idea Millinery (Isabelle M. & Marion J. Ryder), 597 -99 Main Street; Policy No. G. L. 1156321, Special Session, May 18th, 1931 151 Hartford Accident & Indemnity Co. Respectfully submitted, R. M. EVANS, City Manager. Councilman Schuckert moved that the report of the City Manager be approved and the bonds ordered placed on file. Seconded by Council- man Jansen. Carried by the follow- ing vote: Yeas -Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. City Clerk, Pro Tem, Shea pre- sented a list of the following named property owners who desire to take their salvage on the Central Avenue improvement: Walter Grenzig, Mrs. Strandberg, Ed. Vey, Voelker Realty Co., Realty Investors Corp., Home Building Co., Mrs. Margaret Miller, Ida H. Fink, Edw. B. Tegeler, L. Muntz Estate, Eliz. Schlosser, Ma- tilda Donnelson, Geo. Meyer, Au- gusta Imhof, Josephine Steckline, W. J. Hettenmiller, H. Kuehnel, Geo. Schmitt, C. J. Schmidt, Fred and Mary Ansel, Thos. Kohl, Jos. J. Bertsch, Mary Ann Nachtman, Holy Ghost Church, Theo. Kortmeyer, Mary M. Brillhart and George Gruber. Councilman Schuckert moved that the above list be made a matter of record. Seconded by Councilman Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Communication of Central West Casualty Company asking to be re- lieved of the liability on the bond of Thos. E. Byrne, sidewalk con- tractor, presented and read. Councilman Schuckert moved to refer the communication to the City Manager. Seconded by Councilman McEvoy. Carried by the following vote: Yeas — Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Petition of John Brimeyer et al requesting the City Council to order the repairing of Providence Street in order to eliminate the excessive dirt and dust presented and read. Councilman McEvoy moved to re- fer the petition to the Council. Sec- onded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Petition of the Interstate Power Co., requesting the City Council to sections, the boarding or alighting trom vehicles while in motion, the riding upon vehicles on portions not designed therefore, the parking of vehicles on cross - walks, sidewalks and near excavations, the operating or parking of vehicles for advertis- ing purposes, the backing up of vehicles, the driving upon sidewalks, the clinging to moving vehicles; reg- ulating the movement of vehicles at boulevards; and prescribing a pen- alty for violation hereof. Be it Ordained by the City Coun- cil of the City of Dubuque: Par. 159. Amendments. Section 1. That Ordinance No. 2 -30 entitled "An Ordinance regulating the use of motor and other vehicles upon the streets of the City of Dubuque; des- ignating the provisions hereof as the 'Traffic Code of the City of Dubuque,' repealing all ordinances heretofore enacted governing this subject and all ordinances or parts of ordinances inconsistent herewith; and providing a penalty for violation hereof" be and the same is hereby amended as follows: A. By adding to paragraph 88, section 2, under the heading of "Def- inition of Terms" th'' following subdi- viaions: "U. 'Authorized, Emergen- cy Vehicles' " mean vehicles of the Fire and Police Departments and City Ambulance." B. By adding to paragraph 89, section 3, under the heading "Duty of Operator," a regulation to be known as Rule 8 -A reading as fol- lows: "Rule 8 -A. The driver of a ve- hicle shall not back the same on any street unless such movement can be made in safety /' C. By adding to paragraph 89, section 3, under the heading of "Duty f Operator" a regulation to be known as Rule 16 -A reading as fol- ! ows : "Rule 16 -A. The driver of a ve- hicle shall not drive within any side- walk area except at a permanent or temporary driveway." D. By adding to paragraph 89, section 3, under the heading of " of Operator" a regulation to be known as Rule 22 -A reading as follows: "Rule 22 -A. The driver of a ve- hicle shall not overtake and pass upon the left of any street car pro- ceeding in the opposite or same di- rection, whether actually in motion or temporarily at rest. This pro- vision shall not apply on one -way streets, or on streets where the tracks are so located as to prevent cimpliance with the rule." E. By adding to paragraph 89, section 3, under the heading of Special Session, May 18th, 1931 153 "Duty of Operator" a regulation to be known as Rule 23 -A reading as follows: "Rule 23 -A. Upon the approach of an authorized emergency vehicle giving audible signal by bell, siren, whistle, horn, or other instrument, the driver of every other vehicle shall immediately drive the same to a position as near as possible and parallel to the right hand curb of the street, clear of any intersection, and shall stop and remain in such position until the emergency vehicle or vehicles shall have passed, unless otherwise directed by a Police Offic- er. The motor -man of a street car shall immediately stop such car up- on the approach of such vehicle clear of any intersection and keep it in such position until the emer- gency vehicle or vehicles shall have passed, unless otherwise directed by a Police Officer." F. By adding to paragraph 89, section 3, under the heading of "Re- striction of Vehicles" a regulation to be known as Rule 28 -A reading as follows: "Rule 28 -A. It shall be unlawful for any person traveling upon a bicycle, motor- cycle, coaster, sled, roller skates ,or any toy. vehicle to cling w or attach himself or his vehicle to any other moving vehicle or street car upon a street,- alley, or highway." G. By adding to paragraph 89, . section 3, under the heading "Street Cars and Buses" a regulation to be known as Rule 43 -A reading as fol- lows: "Rule 43 -A. When a street car has started to cross an intersection, no driver shall drive upon or across the car tracks within the intersection in front of the street car." H. 13y adding to paragraph 89, section 3, under the heading of "Street Cars and Buses" a regula- tion to be known as Rule 44 -A, read - ing as follows: "Rule 44 -A. It shall be unlawful for any person to board or alight from any street car or vehicle while such street car or vehicle is in mo- ion." 1. By adding to paragraph 89, sec - tic.n 3, under the heading "Street Cars and Buses" a regulation to be known as Rule 44 -B, reading as fol- lows: "Rule 44 -B. It shall be unlawful for any person to ride on any street car or vehicle upon any portion thereof not designed or intended for the use of passengers when the ve- hicle is in motion. This provision shall not apply to employees engaged in the necessary discharge of a duty, or to persons riding within truck 152 Special Session, May 18th, 1931 approve the following changes in their railway and bus transportation operations: 1 — Abandon present West Locust Street car line from Thirteenth and Main Streets to Sen- ior High School and substitute a bus system. 2 — Installation of a right -hand branch -off at the north- west corner of Eighth and Main Streets. 3— Substitution of busses for street railway cars on Main Street - Central Avenue car line. 4— Change present rates of transporta- tion to 3 tokens for 25 cents with a 10 -cent cash fare for adults and one - half the adult rate to apply to chil- dren under 12 years old and for school students under the age of 18 during school hours as provided in our franchise, presented and read. Councilman Andelfinger moved to suspend the rules for the purpose of allowing any one present in the Council Chamber 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. Maddock, Assistant General Manager of Interstate Power Co., Mr. W. S. Molo, Mr. Otto Lange, Mr. F. R. Lacy, and Mr. Stampfer addressed the Council relative to the petition of the Interstate Power Company. Councilman Andelfinger moved that the Interstate Power Company be granted permission to make the changes as requested in their peti- tion with the exception of the in- crease in rates of transportation, and that the matter of increase of rates of transportation be referred to the Council. Seconded by Coun- cilman Schuckert. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Communication of Engineering Extension Service, Iowa State Col- lege, Ames, Iowa, requesting the City Council to authorize the send- ing of the Fire Chief and one fire- man to the Seventh Annual Iowa Firemen's Short Course, presented and read. Councilman Schuckert moved that the communication be received and filed. Seconded by Councilman Jan- sen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Communication of P. J. Nelson, District Judge, tendering his resig- nation as a member of the Planning and Zoning Commission, presented and read. Councilman McEvoy moved that the resignation be accepted with regret. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. May 18, 1931. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: In connection with Ordinance No. 5, adopted March 30, 1931, you will find attached hereto Policy No. 64216 issued by the Hawkeye Casualty Company, Des Moines, A. L. Mutschler, local agent, to the B. J. Kramer Black and White Taxicab Company covering one 5- passenger Studebaker Sedan. This policy expires May 11, 1932. There is also attached Policy No. 10659 issued by the Lumbermen's Mutual Insurance Company, Mans- field, Ohio, J. D. Cottingham, local agent, covering one Cadillac Sedan owned by John H. Parker. This pol- icy conforms to the specifications of the Ordinance in all respects. Respectfully submitted, A. E. SIGMAN, Secy. to City Manager. Councilman Schuckert moved that the bonds be approved and placed on file and that licenses be issued for the above mentioned firms. Sec- onded by Councilman Jansen. Car- ried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Ordinance No. 10 -31 having pass - rod upon first and second reading was presented and read a third time. Ordinance No. 10 -31 An Ordinance amending an Ordin- ance entitled "Ordinance No. 2 -30. An Ordinance regulating the use of motor and other vehicles upon the streets of the City of Dubuque; des- ignating the provisions hereof as the 'Traffic Code of the City of Du- buque'," repealing all ordinances neretofore enacted governing this subject and all ordinances or parts of ordinances inconsistent herewith; and providing a penalty for violation hereof, by defining "Emergency Ve- hicles," and giving preference to such vehicles; prohibiting the plac- ing of traffic signs or removal or defacing of official signs; defining the duties of the operator of a ve- hicle toward pedestrians, prohibiting the soliciting of sides, the passing tf street cars on the left, the cross - ng in front of street cars at inter- 154 Special Session, May 18th, 1931 bodies in spaces intended for mer- chandise." J. By adding to paragraph 89, sec- tion 3, under the heading "Automatic Signal Devices" a regulation to be known as Rule 53 -A reading as fol- lows: "Rule 53 -A. No person shall stand in a roadway for the purpose of so- liciting a ride from the operator of any private vehicle. At intersections v here traffic is controlled by traffic control signals or by police officers, drivers of vehicles shall yield the right of way to pedestrians crossing or to those who have started to cross the street on a green or "GO" sig- nal, and in all other cases pedestri- ans shall yield the right of way to vehicles lawfully proceeding direct- ly ahead on a green or "GO" signal. The driver of any vehicle shall yield the right of way to a pedestrian crossing the street within any marked cross -walk or within any un- marked cross -walk at the end of a block, except at intersections where the movement of traffic is being reg- ulated by police officers or traffic control signals. Whenever any ve- hicle has stopped at a marked cross- walk or at any intersection to per- mit the pedestrians to cross the street, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle." K. By adding to paragraph 89, section 3, under the heading of "Au- tomatic Signal Devices," a regulation to be known as Rule 53 -B, reading as follows: "Rule 53 -B. No person shall will- fully deface, injure, move, obstruct, or interfere with any official traffic sign or signal." L. By adding to paragraph 89, sec- tion 3, under the heading of "Auto- matic Signal Devices," a regulation tc be known as Rule 53 -C, reading as follows: "Rule 53 -C. No person shall place or maintain or display upon or in view of any street any sign, signal or device which purports to be or is an imitation of or resembles an official traffic sign or signal, or which attempts to direct the movement of traffic, or which hides from view or interferes with the effectiveness of any official sign or signal. Every such prohibited sign, signal, or de- vice is hereby declared to be a nuis- ance and the Chief of Police is em- powered to remove the same, or cause its removal, without notice." M. By adding to paragraph 89, section 3, under the heading "Boule- vards" a, regulation to be known as Rule 57 -A, reading as follows: "Rule 57 -A. The driver of any vehicle who has stopped in obedience to a stop sign at an intersection shall yield to other vehicles within the in- tersection or approaching so closely thereto as to cause danger or col - lission between the vehicles, but said driver having so yielded, may pro- ceed to cross or turn into the inter - section when such danger is no long- er present, and other vehicles ap- poaching the intersection shall yield to the vehicle so proceeding into or crossing the intersecting street." N. By adding to paragraph 89, section 3, under the heading of "Parking" a regulation to be known as Rule 64 -A, reading as fololws: 'Rule 64 -A. Vehicles shall not be allowed to be stopped, parked, or placed on a cross -walk, on a side- walk, or alongside or opposite any street excavation or obstruction when such stopping, standing, or parking at such excavation or ob- struction would interfere with traf- fic on the street, except when nec- essary to avoid conflict with other traffic or in compliance with the di- rections of a Police Office. No truck, bus, van, or vehicle used for the carrying of freight or merchandise shall be parked or permitted to stand in front or the residence property of others so as to interfere with free accessibility thereto for a period longer than is reasonably necessary. The intent of this rule is to prohibit 'he parking or placing of such ve- hicles in front of residence property to the inconvenience of abutting residences, unless the parking or placing of such vehicles is reason- ably necessary when taken in con- nection with the purposes for which such vehicles are used or needed." Par. 160. Vehicles for Advertis- ing. Section 2. That said Ordinance be further amended by striking out the period, (.) at the end of para- graph 92, section 6 and substituting therefore a comma, (,) and by add- ing thereto the following: "Nor shall any person, firm, or cor- poration operate or park on any street any vehicle, including street cars, for the primary purpose of dis- playing advertisements thereon." That said paragraph 92, section 6, thus amended will hereafter read as follows: 'Paragraph 92, section 6. No per- son shall park or permit to be parked any vehicle upon the streets, or al- leys, merely for the purpose of dis- playing it for sale or storing it while not in use, nor shall any per- son, firm, or corporation operate or park on any street any vehicle, in-, chiding street cars, for the primary purpose of displaying advertise- ments thereon." Par. 161. Penalty. Section 3. That the penalty provided for the violation of Ordinance No. 2 -30, of which this Ordinance is amendatory, shall be imposed upon any violator of any of the provisions hereof. Par. 162. Effect. Section 4. This Ordinance shall be in force and ef- feq ten days after its final passage, adoption, and approval by the City Council and publication as provided by law. Passed upon first and second read- ings this 11th day of May, 1931. Passed, adopted, and approved, up- on final reading this 18th day of i :vlay, 1931. WM. H. MEUSER, Mayor. ED: McEVOY, H. F. SCHUCKERT, GEO. O. JANSEN, M. B. ANDELFINGER, Councilmen. Attest: J. J. SHEA, City Clerk, Pro Tem. Published officially in the Tele- graph- Herald and Times - Journal newspaper May 20t1a, 1931. J. J. SHEA, May 20th it City Clerk, Pro Tem. Councilman Schuckert moved the adoption of the ordinance. Second- ed by Councilman Jansen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen i..ndelfinger, Jansen, McEvoy, and Schuckert. • Nays —None. Petition of A. J. Eisenegger mak- ing application for a permit to oper- ate a Maid Rite Sandwich Shop on wheels, presented and read. Councilman McEvoy moved to re- fer the petition to the Council. Sec - cnded by Councilman Schuckert. Car= lied by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Petition of Mary A Deckert asking permission to redeem the tax sale certificates held by the City on the Und. 1/2 of Lot 3 McClain's Sub., presented and read. Councilman Schuckert moved that the prayer of the petitioner be grant- ed, she to pay the face value of the certificate plus 5% interest from the date of sale and the City Treasurer to be instructed accordingly. Sec- onded by Councilman McEvoy. Car- ried by tha following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Petition of R. S. Boyes, an honor- Special Session, May 18th, 1931 155 ably discharged soldier, asking to be granted a license to engage in the junk business, presented and read. Councilman Schuckert moved to re- fer the petition to the City Manager with power to grant if worthy. Sec- onded by Councilman Andelfinger. Carried by the following vote: Yeas —Mayor Mouser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Communication of City Engineer Cullen stating that sewer, water and gas connections are required on the improvement of McCormick Street from the south property line of Delhi Street to the north property line of Grace Street and on the improve- ment of Bennett Street from the west property line of North Grandview Avenue to the east property line of McCormick Street, presented and read. Councilman Jansen moved that the communication of City Engineer Cul- len be made a matter of record and the City Clerk instructed to adver- tise for bids for same. Seconded by Councilman McEvoy Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy; and Schuckert. Nays —None. Petition of Veterans of Foreign Wars asking permission to hold their annual poppy day drive Saturday, May 23rd, 1931, presented and read. Councilman Andelfinger moved to grant the prayer of the petition. Sec- onded by Councilman McEvoy. Car- ried by the following vote: Yeas — Mayor' Mouser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Communication of Librarian of Public Library stating that the term of service of Mr. Charles McLean and Mr. F. R. Lacy as members of the Library Board would expire July 1st, 1931, presented and read. Councilman Andelfinger moved that Mr. Charles McLean and Mr. F. R. Lacy be reappointed as members of the Library Board for a term of three years beginning July 1st, 1931. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Meuser, Councilmen .delfinger, Jansen McEvoy, and Schuckert. Nays —None. Communication of Central Miss- issippi Valley Foreign Trade Con- ference relative to the Fifth Annual Conference to be held at St. Louis, Mo., May 22nd, 1931, and inviting the City Manager or some representa- tive of the City to attend, presented and read. Councilman Andelfinger moved to receive and file the communication. Seconded by Councilman McEvoy. Cr rried by the following vote: Yeas - -Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. tesolution No. 82 -31, preliminary approval of proposed plans, specifi- cations, form of contract, plat and schedule for the improving o Locust Street from the south property line of West Sixth Street to the north property line of West Sixteenth Street except the West Eighth Street intersection and West Locust Street from the north property line of West Sixteenth Street to the north proper- ty line of West Seventeenth Street and the Bluff Street and West Lo- cust Street intersection, presented and read. Councilman Schuckert moved the adoption of the resolution. Second- ed by Councilman Jansen. Carried by the following vcte: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Resolution. No. 83 -31, necessity for improvement, for improving Lo- cust Street from the south property line of West Sixth Street to the north property line of West Six- teenth Street except the West Eighth Street intersection and West Locust Street from the north prop- erty line of West Sixteenth Street to the north property line of West Seventeenth Street and the Bluff and West Locust Street intersection presented and read. Councilman Schuckert 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. Resolution No. 84 -31, fixing date of hearing, for the improving of Lo- cust Street from the south property line of West Sixth Street to the north property line of West Six- teenth Street except the West Eighth Street intersection and West Locust Street from the north prop- erty line of West Sixteenth Street to the north property line of West Seventeenth Street and the Bluff and West Locust Street intersection presented and read. 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. 85 -31 preliminary approval of proposed plans, specif- ications, form of contract, plat and schedule for the improving of West Seventeenth from the west property line of Central Avenue to the east property line of West Locust Street presented and read. 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. 86 -31, necessity for improvement, for the improving of West Seventeenth Street from the west property line of Central Avenue to the east property line of West Locust Street presented and read. Councilman Schuckert 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. Resolution No. 87 -31, fixing date of hearing for the improving of West Sevententh Street from the west property line of Central Ave- nue to the east property line of West Locust Street presented and read. 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. Mr. Wm. Meyer addressed the Council asking for a reduction of the special assessments remaining unpaid against Lot 3, Coriell's Add. Councilman McEvoy moved that the verbal request of Wm. Meyer be received and filed. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Mr. Fred Gerdes addressed the Council requesting that Muscatine Street be graded to full width. No action taken. Report of City Solicitor Czizek recommending that the tax of 1930 be suspended on Lot 218 and 1 of 219, Finley Addition; Geo. B. Miller, owner. 156 Special Session, May 18th, 1931 Special Session, May 18th, 1931 157 Councilman McEvoy moved that the recommendation of the City So- licitor be approved and the Board of Supervisors be notified of the Council's action. Seconded by Coun- cilman Jansen. Carried by the fol- lowing vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and S chuckert. Nays —None. Councilman McEvoy moved to ad- journ. Seconded by Councilman Schuckert. Carried by the follow- ing vote: Yeas — Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. J. J. SHEA, City Clerk, Pro Tem. May 18, 1931. Following adjournment of the spe- cial meeting called for this date, the Council decided to re- convene in special session, all members being present and consented to the hold- ing of such session. Walter Cullen was appointed Clerk Pro Tem. The meeting was called for the purpose of considering the proposal of the Interstate Power Company to increase the rate of fare for street car and bus users, as stated in their proposal. Mr. Maddock of the Power Com- pany discussed the proposal with the Council and assured the Council that in the event the fares were in- creased, as requetsed, the Company would, before the end of this year, discuss the electric rates now in existence. Councilman Andelfinger moved to grant the petition. Seconded by Coun- cilman McEvoy and, upon roll call, the vote resulted as follows: Yeas — Councilman Andelfinger, Mc- Evoy, Jansen, and Schuckert. Nays —Mayor Meuser. Mayor Meuser explained his vote by saying that while he believed the Company was entitled to the increase of fare, he believed also that the Company should agree to reduce the electric rates at once, both to power and light users. The remaining members of the Council expressed themselves in like manner, but they believed that the Company will make a proper reduc- tion as soon as they find it possible to do so. Councilman Andelfinger moved to adjourn. Seconded by Councilman Scnuckert and the vote resulted as follows: Yeas — Councilmen Andelfinger, Jansen, McEvoy, Schuckert, Mayor Meuser. Nays —None. W. H. CULLEN, Clerk Pro Tem. Approved 1931 Adopted ..... . ......... .._...._.. ....._. ............... _ 1931 Councilmen: Attest • City Clerk. 158 Special Session, May 25th, 1931 CITY COONCIL (Official) Special Session, May 25th, 1931. Meeting called by order of Mayor Meuser and Councilman Jansen. Council met at 7:40 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 consider- ing bids for the installation of sewer, water and gas connections on the improvement of Central Ave- nue, final consideration of the reso- lution of necessity for the improv- ing of North and South Algona Streets and acting on any other business that may properly come before a meeting of the City Coun- cil. Proof of publication, certified to by the publisher, of the notice of the receipt of proposals for the con- struction of and installation of sewer, water and gas connections in and along Central Avenue from the north property line of East Twenty - second Street and Kaufmann Ave- nue to a point about fifty feet north of the north property line of East and West Thirty- second Street, pre- sented and read. Councilman Schuckert moved to receive and file the proof of publica- tion. Seconded by Councilmen An- delfinger. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. May 22, 1931. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: In accordance with your instructions and our advertise- ment, bids were received at 10.00 A. M. Friday, May 22, 1931, for the installation of sewer and water con- nections in -and along Central Ave- nue 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. I am attaching hereto a tabula- tion sheet showing the unit prices and total prices bid and respectfully recommend that the contract for said sewer and water connections be awarded to Nesler & Buechel as their bid is the lowest one received. Respectfully submitted, R. M. EVANS, City Manager. City of Dubuque, Iowa, Engineering Department. Tabulations of proposals for in- stallation of sewer and water con- nections in and along Central Ave- nue from the north property line of East 22nd Street and Kaufmann Avenue to a point about fifty (50) feet north of the north property line of East and West 32nd Street. Proposals opened at 10:00 A. M., May 22nd, 1931. Nesler & Buechel -4" tile sewer pipe, 288 lin. ft., @ $1.00; %" Water pipe, 390 lin. ft., 3 /4 $1.60. Total amount of bid, $752.00. H. B. McCarten -4" tile sewer pipe, 288 lin. ft., @ $1.17; 3 /4" water pipe, 390 lin. ft., @ $1.67. Total amount of bid, $881.26. Curtis - Straub Co. -4" tile sewer pipe, 288 lin. ft., @ $1.35; 3 /4" water pipe, 290 lin. ft., a $2.35. Total amount of bid, $1,070.30. Resolution No. 88 -31 awarding contract for the construction and installation of sewer and water con- nections in and along Central Ave- nue from the north property line of East Twenty- second Street and Kaufmann Avenue to a point about fifty feet north of the north prop- erty line of East and West Thirty - second Street to Nesler & Buechel, they being the lowest bidders, pre- sented and read. Councilman Andelfinger moved that the resolution be approved and placed on file for one week. Sec- onded by Councilman McEvoy. Car- ried by the following vote: Yeas — Mayor Meuser, Councilmen Andelfinger, McEvoy, Schuckert. Nays— Councilman Jansen. Councilman McEvoy moved that no bids for public improvements be accepted in the future unless the certified checks accompanying same are enclosed in a separate envelope. Seconded by Councilman Schuckert. Carried by the following vote: Yeas —Mayor Mouser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. May 28, 1931. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: In accordance with your instructions and our advertise- ment, bids were received at 10:00 A. M. Friday, May 22, 1931, for the installation of gas connections in and along Central Avenue from the north property line of East Twenty - second street and Kaufmann Ave- nue to a point about fifty (50) feet north of the north property line of East and West Thirty- second Street. I am attaching hereto a tabulation sheet showing the unit prices and total prices bid and respectfully recommend that the contract for said gas connections be • awarded to the Key City Gas Company as their bid is the lowest one received. Respectfully submitted, R. M. EVANS, City Manager. City of Dubuque, Iowa, Tabulations of gas connections in and along Central Avenue from the north property line of East 22nd Street and Kaufmann Avenue to a 1 oint about fifty (50) feet north of the north property line of East and West 32nd Street. Proposals submitted by Key City as Co. -1 gas pipe, 740 lin. ft., @ 70c. Tota lamount of bid, $515.00. • Resolution No. 89 -31, awarding contract for the installation of gas connections in and along Central Avenue from the north property line of East Twenty- second Street and Kaufmann Avenue to a point about fifty feet north of the north property line of East and West Thirty- second Street to Key City Gas Company, they being the lowest bidders, pre - sente dand read. Councilman Schuckert moved that the resolution be approved and placed on file for one week. Second- ed by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Proof of publication, certified to by the publisher, of a notice of hearing oa plans and specifications, form_ of contract anti cost of improvement for the improving of North and South Algona Street from the south prop- erty line of Grace Street to the north - )roperty line of St. Joseph Street presented and read. Councilman Schuckert moved to re- ceive and file the proof of publica- tion. Seconded by Councilman Jan- sen. Carried by the following vote: Yeas —Mayor Meuser,. Councilmen Andelfinger, Jansen, McEvoy, and chuckert. Nays —None. Proof of publication, certified to by the publisher, of the notice of pend- ency of resolution of necessity for public improvements and hearing up- on proposed plans and specifications, f .rm of contract and cost of improve- ment for the improving of North and South Algona Streets from the south property line of Grace Street to the north property line of St. Joseph Street presented and read. Councilman Schuckert moved to re- ce &ve and file the proof of publica- tion. Seconded by Councilman Mc- Evoy. Carried by the following vote: Special Session, May 25th, 1931 159 Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Written remonstrance of Mrs. Mar- garet Dour protesting against the proposed assessment to be levied against Lot 1 of 59, Quigley's Sub., for the improving of North and South Algona Streets from the south prop- erty line of Grace Street to the north property line of St. Joseph Street presented and read. Councilman Schuckert moved to re- ceive and file the remonstrance. Sec- onded by Councilman Andelfinger. Carried by the following vote: Peas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Resolution No. 90 -31, containing decision of Council upon objections to plans, specifications, form of con- tract and cost of improvement for the improving of North and South Algona Streets from the south prop- erty line of Grace Street to the north property line of St. Joseph Street presented and read. Councilman Andelfinger moved the adoption of the resolution. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Resolution No. 64 -31, necessity for improvement, for the improving of North and South Algona Streets from the south property line of Grace Street to the north property line of St. Joseph Street, said resolution having been approved May 4th, 1931, and placed on file for final action, Presented for final adoption. Councilman Schuckert moved the adoption of the resolution. Seconded by the following vote: Yeas--Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Resolution No. 91 -31 ordering construction and directing the Clerk ' to advertise for bids for the improv- ing of North and South Algona Streets from the south property line of Grace Street to the north proper- ty line of St. Joseph Street, present- ed and read. Councilman McEvoy 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. Petition of Chicago, Burlington & 160 Special Session, May 25th, 1931 Quincy Railroad Company stating that since they have revised their train schedule that it is only neces- sary for them to use the Fourth Street crossing gates between the hours of 8:00 A. M. and 4.00 P. M. and requesting that they be granted permission to flag their crossing when necessary between the hours of 4:00 P. M. and 8:00 A. M., pre- sented and read. Councilman Schuckert moved to refer the petition to the Council. Seconded by Councilman Andelfing- er. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Communication of Mrs. Mae Grube inviting the City Council to take part in the Memorial Exercises at 1:30 o'clock, May 30th, 1931, pre- sented and read. Councilman Andelfinger moved that the invitation be accepted. Sec- onded by Councilman McEvoy. Car- ried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Communication of Murphy Insur- ance Agency stating that the Brou- illet Sheet Metal Works do not de- sire renewal of their heating con- tract bond and requesting the return of said bond, presented and read. Councilman Schuckert moved to refer the communication to the City Manager. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Petition of Molo Sand Gravel Com- pany asking permission to install a new twenty ton Howe scale at their sand and gravel plant at the foot of Third Street Extension the same to extend into street not to exceed three feet, presented and read. Councilman Jansen moved to re- fer the petition to the Dock Com- mission they to report back to the Council at their next meeting. Sec- onded by Councilman McEvoy. Car- ried by the following vote: Yeas — Maydr Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Petition of Veterans of Foreign Wars requesting the City Council to secure the field piece captured dur- ing the war and now available at Metuchen, N. J., the same can be secured by the paying of freight charges and a request of the City Council signed by the Mayor, pre- sented and read. Councilman McEvoy moved to grant the prayer of the petition. Sec- onded by Councilman Andelfinger. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, .,nd Schuckert. Nays —None. To the Honorable Mayor and City Council, May 25, 1931. Dubuque, Iowa. Gentlemen: This is to advise that I have approved the following bond and policy and desire to have your approval on same for filing: Sign — Renier Building Fund, 531 Main Street. Policy No. 10T 26697, The Century Indemnity Co. Heating and Contractor — Nesler & Buechel, 1043 Main St. Fidelity & Deposit Co. Respectfully submitted, R. M. EVANS, City Manager. Councilman Schuckert moved that the bond be approved and placed on file. Seconded by Councilman Jan- sen. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Petition of Midwest Lumber Com- pany and John D. Knoll requesting that Bradley Avenue from the inter - .section of Bradley Avenue and Hen - crson Street running north be graded. Councilman McEvoy moved, upon the recommendation of the City Man- ager, that the prayer of the petition- ers be granted. Seconded by Council- man Jansen. Carried by the follow- ing vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Petition of Winall Bldg. Co. et al., re- lative to the widening of Fourth Street and requesting the City Coun- cil to either move back the old lights and cable or install single standard modern lights at corners and asking to have the lights extended to Locust Street presented and read. Councilman Jansen moved to refer the petition to the City Manager and City Engineer to check the number of signers on the petition and report back to the Council. Seconded by Councilman McEvoy. Carried by the following vote: Yeas - -Mayor Meuser, Councilmen Andelfinger, Jansen,. McEvoy, and Schuckert. Nays —None. Special Session, May 25th, 1931 Petition of Henry Kahnen asking for a reduction on his assessment for the construction of the sanitary sewer in Davenport Street stating that the sewer does not extend to Lot 21 and also requesting the extension of the water mains on Davenport Street presented and read. Councilman Jansen moved to refer the petition to the Council. Seconded by Councilman McEvoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Councilman Jansen moved to sus- pend the rules for the purpose of al- lowing any one present in the Coun- cil Chamber to address - the Council. Seconded by Councilman Schuckert. Carried by the following vote: Yeas - -Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Mr. Ketoff addressed the Council complaining against the parking of the sandwich wagon on wheels in front of his place of business and asking the Council to order this wagon moved from in front of his place of business. Councilman Jansen moved that F. Burlingame, owner of the sandwich wagon, be instructed not to park in front of store of Mr. Ketoff and that he must keep away for a distance of 200 feet; failure to comply with this order his license to be revoked. Sec- onded by Councilman McEvoy. Car- ried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Mr. J. J. Roshek addressed the Council asking for their cooperation in the replacing of the pavement in the alley between Main and Locust Streets and from Seventh Street to Eighth Street. Councilman Schuckert moved to re- fer this matter to the City Manager; he to arrange a meeting with the in- terested parties to make arrange- ments for the repair of this alley and to report back to the Council. Sec- onded by Councilman Jansen. Car- ried by the following vote: Yeas —Mayor Meuser, Councilmen lndelfinger, Jansen, McEvoy, and Schuckert. Nays - -None. Mr. J. J. Roshek addressed the Council stating that he had installed boulevard light standards around his building on Seventh Street, Locust and Eighth Streets and asking the Council if they desired to turn on the current for the Tighting of same. . Councilman Jansen moved to refer this matter to the Council. Seconded by Councilman Schuckert. Carried by the following vdte: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. Mr. J. Palmer addressed the Coun- cil relative to the assessment levied against Lot 265, Davis Farm Add., Mr. Schneider, owner, stating that the portion of the lot assessed for the sewer in West 28th Street is noth- ing but a hillside and asks the Coun- cil to grant a reduction on this as- sessment. Councilman Schuckert moved to re- fer this matter to the Council. Sec- onded by Councilman Jansen. Car- ried by the following vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen, McEvoy, and Schuckert. Nays —None. City Manager Evans' recommenda- tion that a 100 C.P. electric light be placed on Forrest Lane in rear of Fire Engine House as this is a very dark and dangerous place. Councilman Schuckert moved that the recommendation of the City Man- ager be approved. Seconded by Coun- cilman McEvoy. Carried by the fol- lowing vote: Yeas —Mayor Meuser, Councilmen Andelfinger, Jansen McEvoy, and Schuckert. Nays —None. Councilman Schuckert moved to &Jjourn. Seconded by Councilman M•,Evoy. Carried by the following vote: Yeas —Mayor Meuser, Councilmen .Andelfinger, Jansen, McEvoy, and Schuckert Nays- -None. J. J. SHEA, City Clerk, Pro Tem. Aproved 1931. Adopted 1931. Councilmen: Attest: City Clerk. 161